update 163 november 2016 criminal law...

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UPDATE 163 NOVEMBER 2016

CRIMINAL LAW INVESTIGATION AND PROCEDURE

VICTORIA

I Freckelton

Criminal Law VIC 2

Updated Legislation

Magistrates' Court Act 1989 (Vic)

Purpose of amendments To amend the Act in relation to the provisions requiring a person who

is to return to court. Amended provisions

Amended: s 82. Amending legislation

Justice Legislation (Evidence and Other Acts) Amendment Act 2016 (Vic) (Act No 38 of 2016) – with effect from 12 September 2016.

Summary Offences Act 1966 (Vic)

Purpose of amendments To amend the Act in relation to assault.

Amended provisions Amended: s 51.

Amending legislation Crimes Legislation Amendment Act 2016 (Vic) (Act No 28 of 2016) –

with effect from 3 October 2016.

Road Safety (General) Regulations 2009 (Vic) Purpose of amendments

To amend the Regulations to prescribe certain offences in relation to the use of electric personal transporters as offences for which an infringement notice may be served.

Amended provisions Amended: Sch 7

Amending legislation Road Safety (General) Amendment (Electric Personal Transporters

Trial) Regulations 2016 (Vic) (SR 99 of 2016) – with effect from 9 August 2016.

Criminal Law VIC 3

Purpose of amendments To amend the Regulation to enable the Port of Melbourne Corporation

to authorise suitably qualified persons to test and seal portable weighing devices.

Amended provisions Amended: regs 61, 63, 65.

Amending legislation Road Safety (General) Amendment (Portable Weighing Devices)

Regulations 2016 (Vic) (SR No 100 of 2016) – with effect from 1 September 2016.

Road Safety (Vehicles) Regulations 2009 (Vic)

Purpose of amendments To amend the Regulations to replace references to an Australian

Customs Service vehicle with references to an Australian Border Force vehicle.

Amended provisions Amended: Sch 2.

Amending legislation Road Safety (Vehicles) Amendment (Australian Border Force Vehicles)

Regulations 2016 (Vic) (SR 93 of 2016) – with effect from 16 August 2016.

Road Safety Road Rules 2009 (Vic)

Purpose of amendments To amend the Rules to make provision for the use of electric personal

transporters on a trial basis. Amended provisions

Amended: Guide, rr 15, 18, 238, 239, 242, 250, Sch 3, 4, Dictionary. Inserted: Pt 14 Div 3 (rr 244C – 244V).

Amending legislation Road Safety Road Rules (Electric Personal Transporters Trial)

Amendment Rules 2016 (Vic) (SR 98 of 2016) – with effect from 9 August 2016.

Prevention of Cruelty to Animals Act 1986 (Vic)

Purpose of amendments To amend the act in relation to a reference.

Criminal Law VIC 4

Amended provisions Amended: s 9.

Amending legislation Access to Medicinal Cannabis Act 2016 (Vic) (Act No 20 of 2016) – with

effect from 14 September 2016. Purpose of amendments

To amend the Act to provide for further offences, new court orders, increased seizure and disposal powers, enhanced enforcement and monitoring powers, increased penalties, establishment of a Trust Fund, new requirements for nominees of licence holders, new requirements for a Peer Review Committee, adverse publicity orders and other related and minor matters.

Amended provisions Amended: ss 31, 32C, 32G. Inserted: ss 29A, 32AB, 32EA, 32IA, 32LA, Pt 3B ss 37C – 37F.

Amending legislation Prevention of Cruelty to Animals Amendment Act 2015 (Vic) (Act No 60

of 2015) – with effect from 1 September 2016.

Domestic Animals Act 1994 (Vic) Purpose of amendments

To make minor amendment to the Act. Amended provisions

Amended: s 84P. Amending legislation

Witness Protection Amendment Act 2016 (Vic) (Act No 48 of 2016) – with effect from 29 September 2016.

Gambling Regulation Act 2003 (Vic)

Purpose of amendments To make a minor amendment to the Regulation.

Amended provisions Amended: s 11.2.1.

Amending legislation Gambling Legislation Amendment Act 2015 (Vic) (Act No 58 of 2015) –

with effect from 1 September 2016.

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UPDATE 163 NOVEMBER 2016

CRIMINAL LAW INVESTIGATION AND PROCEDURE

VICTORIA Please check the table overleaf to ensure your most recent update has been filed - check behind the tabcard Filing Instructions/Summaries.

Criminal Law VIC 2

Recent Updates

Recent updates for Criminal Law Investigation and Procedure have been:

Update No Volume

Update 158 1, 1A, 2 & 3

Update 159 4 & 5

Update 160 1, 1A, 2 & 3

Update 161 4 & 5

Update 162 1, 1A, 2 & 3

Filing Instructions

1. Check the currency of your Service

Ensure Update 162 has been filed. 2. File your updating pages

To do this you will need to refer to the following table.

Find Tabcard Discard old pages Insert new pages

VOLUME 4

[4.1.] Summary Trials 4-1567 – 4-1570 4-1567 – 4-1570

4-1733 – 4-1734 4-1733 – 4-1734

[4.2.] Summary Offences 4-2321 – 4-2322 4-2321 – 4-2322

4-2711 – 4-2712 4-2711 – 4-2712

4-2831 – 4-2832 4-2831 – 4-2832

4-2845 – 4-2846 4-2845 – 4-2846

4-3301 – 4-3316 4-3301 – 4-3316

4-3363 – 4-3386 4-3363 – 4-3386

Criminal Law VIC 3


[4.8.] Road Safety 4-15909 – 4-15910 4-15909 – 4-15910

4-15939 – 4-15940 4-15939 – 4-15940

Road Safety Regulations 4-29023 – 4-29024 4-29023 – 4-29024

4-30201 – 4-30202 4-30201 – 4-30204

4-33201 – 4-33240 4-33201 – 4-33242

4-35033 – 4-35034 4-35033 – 4-35034

4-44901 – 4-45202 4-44901 – 4-45202

Road Rules – Victoria 4-50001 – 4-50032 4-50001 – 4-50034

4-50701 – 4-50704 4-50701 – 4-50704

4-59801 – 4-60510 4-59801 – 4-60510

4-66001 – 4-67520 4-66001 – 4-67520

VOLUME 5

[5.4.] Prevention of

Cruelty to Animals

5-24591 – 5-24594 5-24591 – 5-24594

5-24609 – 5-24610 5-24609 – 5-24610

5-24701 – 5-24702 5-24701 – 5-24702

5-25301 – 5-25454 5-25301 – 5-25454

5-25901 – 5-25902 5-25901 – 5-25952

[5.5.] Domestic Animals 5-26275 – 5-26276 5-26275 – 5-26276

5-27001 – 5-27002 5-27001 – 5-27002

[5.8.] Gambling

Regulation

5-36225 – 5-36226 5-36225 – 5-36226

5-36809 – 5-36810 5-36809 – 5-36810

5-36829 – 5-36830 5-36829 – 5-36830

5-37601 – 5-37606 5-37601 – 5-37606

5-37853 – 5-37854 5-37853 – 5-37854

Criminal Law VIC 4


[5.10.] Control of

Weapons

5-55371 – 5-55372 5-55371 – 5-55372

[5.11.] Firearms 5-58003 – 5-58004 5-58003 – 5-58004

5-59401 – 5-59402 5-59401 – 5-59402

Principal legislation Number Date ofgazettal/assent/registration

Date ofcommencement

Magistrates’ Court Act 1989 51 of 1989 14 Jun 1989 S 52: 1 Sep1989; rem:1 Sep 1990

The extracts reproduced here have been amended as follows:

Amending legislation Number

Date ofgazettal/assent/registration

Date ofcommencement

Justice Legislation AmendmentAct 2010

30 of 2010 8 Jun 2010 Ss 85 and 87:26 Jun 2010(Gaz G25,24 Jun 2010)

Courts Legislation AmendmentsAct 2010

34 of 2010 15 Jun 2010 S 49: 1 Jan2011

Civil Procedure Act 2010 47 of 2010 24 Aug 2010 S 88: 1 Jan2011 (Gaz G41,14 Oct 2010,p 2404)

Personal Safety InterventionOrders Act 2010

53 of 2010 7 Sep 2010 Sch item 7: 5Sep 2011

Sentencing Amendment Act 2010 77 of 2010 19 Oct 2010 s 29: 1 Jan2012

Justice Legislation Amendment(Protective Services Offıcers)Act 2011

43 of 2011 6 Sep 2011 S 35: 28 Nov2011 (Gaz S379, 22 Nov2011, p 1)

Justice Legislation AmendmentAct 2012

23 of 2012 8 May 2012 Ss 7–8: 30 Jun2012

Courts and SentencingLegislation Amendment Act2012

26 of 2012 29 May 2012 Ss 22–24: 1July 2012

Courts Legislation Amendment(Reserve Judicial Offıcers) Act2013

5 of 2013 26 Feb 2013 S 31: 27 Feb2013

MAGISTRATES’ COURT ACT 1989 (EXTRACTS) (ANNOTATED)

Update: 1634 - 1567© 2016 THOMSON REUTERS


Date ofcommencement





Date ofcommencement

Open Courts Act 2013 58 of 2013 11 Oct 2013 Ss 50–51: 1Dec 2013

Courts Legislation Amendment(Judicial Offıcers) Act 2013

63 of 2013 6 Nov 2013 Ss 40, 74: 1Feb 2014

Courts and Other JusticeLegislation Amendment Act2013

68 of 2013 19 Nov 2013 Ss 4–6: 1 Feb2014

Legal Profession Uniform LawApplication Act 2014

17 of 2014 25 Mar 2014 Sch 2 item 59:1 Jul 2015 (GazS151, 16 Jun2015, p 1)

Mental Health Act 2014 26 of 2014 8 Apr 2014 Sch item 20:1 Jul 2014

Victoria Police Amendment(Consequential and OtherMatters) Act 2014

37 of 2014 3 Jun 2014 Sch item 101: 1Jul 2014

Vexatious Proceedings Act 2014 42 of 2014 17 Jun 2014 Ss 105–106: 31Oct 2014

Crimes Amendment (Abolition ofDefensive Homicide) Act 2014

63 of 2014 9 Sep 14 Ss 5(2),7(14)–(16): 1Nov 2014

Statute Law Revision Act 2015 21 of 2015 16 Jun 2015 Sch 1items 32.1 and32.2: 1 Aug2015

SUMMARY TRIALS

Criminal Law Victoria4 - 1568© 2016 THOMSON REUTERS


Date ofcommencement





Date ofcommencement

Justice Legislation (Evidenceand Other Acts) Amendment Act2016

38 of 2016 28 Jun 2016 S 10: 12 Sep2016 (Gaz S278, 6 Sep2016, p 1)

[The next text page is 4-1571]

MAGISTRATES’ COURT ACT 1989 (EXTRACTS) (ANNOTATED)


SUMMARY TRIALS


(iii) is returned to the custody of the Secretary to the Department of HumanServices under section 333(1)(c) of the Criminal Procedure Act 2009;or

(e) as authorised by any other Act.[Subs (1) am Act 68 of 2009, s 97 and Sch item 82.36; Act 12 of 1999, s 3 and Sch 1 item 19; Act 46 of 1998, s7 and Sch 1]

(2) If an accused is remanded in custody on two or more charges to be heard by thesame court at the same time and place, the Court may issue one remand warrant in respectof all the charges.[Subs (2) am Act 68 of 2009, s 97 and Sch item 82.37]

[S 79 am Act 68 of 2009; Act 12 of 1999; Act 46 of 1998]

80 Persons to whom remand warrant may be directed

(1) A remand warrant may be directed to—(a) a named police officer; or(b) generally all police officers; or

(ba) generally all prison officers; or(c) any other person authorised by law to execute a remand warrant.

[Subs (1) am Act 37 of 2014, s 10 and Sch item 101.7(a)]

(2) A remand warrant directed to a named police officer may be executed by any policeofficer.[Subs (2) am Act 37 of 2014, s 10 and Sch item 101.7(b)]

(3) A remand warrant directed to a named police officer or to generally all police officersmay be executed by any prison officer.[Subs (3) am Act 37 of 2014, s 10 and Sch item 101.7(c)]

[S 80 am Act 37 of 2014]

81 Directions in, and authority of, remand warrantA remand warrant—

(a) directs and authorises the person to whom it is directed to take and safely conveythe person named in the warrant—

(i) to a prison; or(ii) to a police gaol; or

(iii) if the Court has given a direction under section 333(1)(c) of theCriminal Procedure Act 2009, to a youth justice centre –

and there to deliver the person to the officer in charge of the prison or police gaolor into the custody of the Secretary to the Department of Human Services (as thecase requires); and

[Para (a) am Act 68 of 2009, s 97 and Sch tem 82.38]

(b) directs and authorises the Secretary to the Department of Justice or the ChiefCommissioner of Police or the Secretary to the Department of Human Services(as the case requires) or any other person into whose custody the person named inthe warrant is transferred to receive that person into custody and safely keep thatperson—

(i) for the period specified, or in the circumstances described, in thewarrant; or

MAGISTRATES’ COURT ACT 1989 (EXTRACTS) (ANNOTATED)s 81PART 4 – WARRANTS AND CRIMINAL PROCEEDINGS


(ii) until that person is otherwise removed or discharged from custody bydue course by law.

[S 81 am Act 68 of 2009; Act 48 of 2006, s 42 and Sch item 22.7; Act 46 of 1998, s 7 and Sch 1; Act 45 of 1996,s 18 and Sch 2 item 9.2; Act 33 of 1994, s 10]

82 Remand of more than 8 clear days

(1) The Court must not remand an accused in custody for a period of more than 8 cleardays unless both the accused and the informant consent.[Subs (1) am Act 68 of 2009, s 97 and Sch item 82.39]

(2) If an accused—(a) has been granted bail; and(b) has consented to an adjournment of the proceeding for a period of more than 8

clear days; and(c) has not yet been released on bail—

the remand warrant must direct the Secretary to the Department of Justice or the ChiefCommissioner of Police or the Secretary to the Department of Human Services (as the caserequires) or any other person into whose custody the accused is transferred to bring theaccused at the end of 8 clear days (unless in the meantime he or she is released on bail)before the Court.[Subs (2) am Act 38 of 2016, s 10(1); Act 69 of 2009, s 54 and Sch Pt 2 item 32; Act 68 of 2009, s 97 and Schitem 82.40; Act 46 of 1998, s 7 and Sch 1; Act 4 of 1997, s 8; Act 45 of 1996, s 18 and Sch 2 item 9.3; Act 33 of1994, s 10]

(3) For the purposes of subsection (2), the accused must be brought—(a) before the Court as authorised or required under Division 3 of Part IIA of the

Evidence (Miscellaneous Provisions) Act 1958; or(b) before the venue of the Court prescribed for the purposes of this section.

[Subs (3) insrt Act 38 of 2016, s 10(2)]

[S 82 am Act 38 of 2016; Act 69 of 2009; Act 68 of 2009; Act 46 of 1998; Act 4 of 1997; Act 45 of 1996; Act 33of 1994]


s 81 SUMMARY TRIALS



Date ofcommencement

Summary Offences Act 1966 7405 of 1966 17 May 1966 21 Dec 1966

The legislation has been amended as follows:

Amending legislation Number Date ofgazettal/assent/registration

Date ofcommencement

Crimes Amendment (SexualOffences and Other Matters) Act2014

74 of 2014 21 Oct 2014 Pt 6: 3 Nov2014 (Gaz S400, 29 Oct2014, p 1)

Justice Legislation Amendment(Confiscation and OtherMatters) Act 2014

79 of 2014 21 Oct 2014 S 59: 2 Nov2014 (Gaz S400, 29 Oct2014, p 2)

Summary Offences Amendment(Move-on Laws) Act 2015

6 of 2015 25 Mar 2015 Ss 4–8: 26 Mar2015

Criminal Organisations ControlAmendment (UnlawfulAssociations) Act 2015

48 of 2015 13 Oct 2015 Pt 3: 1 Jul 2016

Crimes Legislation AmendmentAct 2016

28 of 2016 31 May 2016 S 8: 3 Oct 2016(Gaz S 296,27 Sep 2016,p 1)


SUMMARY OFFENCES ACT 1966 (ANNOTATED)


SUMMARY OFFENCES


the technical meaning of the word) by a person pointing an imitation firearm out of thewindow of a moving car without clearly intending anyone to be put in fear. As to the elementof recklessness in assaults see Vallance v The Queen;4 R v Venna;5 R v Revell;6 AustralianCriminal Law by Professor C Howard.7 See discussion of “recklessness” at [1.1.660].

1 See R v Lamb [1967] 2 QB 981; [1967] 3 WLR 888; [1967] 2 All ER 1282.2 Coward v Baddeley (1854) 4 H & N 478.3 Ashton v Jennings (1875) 2 Lev 133.4 Vallance v The Queen (1961) 108 CLR 56; 35 ALJR 182.5 R v Venna [1976] QB 421; [1975] 3 WLR 737; [1975] 3 All ER 788.6 R v Revell (1977) 1 Crim LJ 157.7 Australian Criminal Law (2nd ed), p 133 ff.

[4.2.3800] Assault: costs, damages etcA person assaulted, including an infant, may lay an information under this section and justicesmay award costs to the successful informant, though an infant. Where, on an order to reviewsuch a conviction, the infant succeeds in sustaining the conviction, the Supreme Court mayaward him costs: Greenwood v Leary.1 The purchaser of a ticket for a seat at a publicentertainment, who is forcibly ejected from his or her seat by the manager under the mistakenbelief that the spectator has not purchased a ticket, may have an action for assault: Hurst vPicture Theatres Ltd.2 Since the Judicature Act, Wood v Leadbitter3 is no longer law.4 A personmay be convicted of a common assault although charged with an offence under s 24(2).5

Damages for assault may be sued for in a Magistrates’ Court. The maximum amount claimablein the Magistrates’ Court jurisdiction is $100,000: Magistrates’ Court Act 1989, s 3,“jurisdictional limit” in a civil proceeding means $100,000.

1 Greenwood v Leary [1919] VLR 114.2 Hurst v Picture Theatres Ltd [1915] 1 KB 1.3 Wood v Leadbitter (1845) 13 M & W 838.4 Hurst v Picture Theatres Ltd (1845) 13 M & W 838.5 See McKenzie v Dabonde [1952] VLR 177 (noted 26 ALJ 425) and R v Wilson [1955] 1 WLR 493; [1955] 1 All

ER 744.

[4.2.3900] Assault: battery

“Battery” includes “assault”. Strictly, assault means an inchoate battery, but the term“assault” is in modern usage constantly made to include battery.1 Battery is the unlawfulbeating of another. The least intentional touching of another’s person hostilely or against hisor her will is a battery.2 If A maliciously aims a blow at B, and strikes C, A is indictable fora battery of C.3

1 Pollock on Torts (14th ed), p 171; Fleming, The Law of Torts (5th ed, 1977), p 24.2 Rawlings v Till (1837) 3 M & W 28; 3 Blac Comm 120; Bullen and Leake Precedents of Pleading (11th ed),

pp 643 ff; 1117 ff.3 R v Latimer (1886) 17 QBD 359.

[4.2.3910] Assault: affrayAn affray is the fighting by one or more persons, or a display of force by one or more personswithout actual violence, in such a manner that reasonable people might be frightened orintimidated.1 See discussion of affray at [1.8.700] – [1.8.790].A person may be guilty of an affray where, although others are fighting, the person alone isfighting unlawfully to the terror of other persons.2 In Taylor v Director of Public Prosecutions(UK), the House of Lords also stressed that the degree of violence required to constitute theoffence of affray must be such as to be calculated to terrify a person of reasonably firmcharacter3 A person can be convicted of being a principal in the second degree (aided andabetted) to an affray only if, at the very least, the person had by some means or another

SUMMARY OFFENCES ACT 1966 (ANNOTATED)s 23PART I – PROVISIONS APPLICABLE THROUGHOUT VICTORIA[4.2.3910]


encouraged the participants.4 A private person is entitled (Hawk, PC, Bk II c 13, s 11) andconstables and justices are bound to interfere to put an end to an affray.5

1 See R v Summers (1972) 56 Cr App R 604; R v Taylor [1973] AC 964; [1973] 1 All ER 78; Taylor v Director ofPublic Prosecutions (UK) [1973] AC 964; [1973] 3 WLR 140; [1973] 2 All ER 1108.

2 Taylor v Director of Public Prosecutions (UK) [1973] AC 964; [1973] 3 WLR 140; [1973] 2 All ER 1108.3 Taylor v Director of Public Prosecutions (UK) [1973] AC 964; [1973] 3 WLR 140; [1973] 2 All ER 1108. See

also Pallante v Stadiums Pty Ltd (No 1) [1976] VR 331 at 337–338.4 R v Allan [1965] 1 QB 130; [1963] 3 WLR 677; [1963] 2 All ER 897; see also R v Clarkson [1971] 1 WLR

1402; [1971] 3 All ER 344. See generally Archbold, Criminal Pleading (40th ed, 1979) at [3591] ff.5 Russell on Crimes (9th ed), pp 195 – 198; R v Pinney (1832) 5 C & P 254.

[4.2.3920] Assault: riots, routs and unlawful assembliesSee s 17 and notes at [4.2.3100] – [4.2.3130].

[4.2.3930] Assault: prize fights and so onWhatever the position may be in England or elsewhere, it is now the law in Victoria that prizefighting per se is not illegal.1 In Pallante v Stadiums Pty Ltd (No 1), Mclnerney J held thatthere had never been an offence designated as prize fighting recognised at common law. Hestated at 337:

Examination of the cases and the authorities shows that the proposition that prize fighting isillegal really comes down to the proposition that the participants in prize fights and personsattending thereat could be held guilty, depending on the circumstances, either of the offenceof unlawful assembly or of riot or of an affray or of an assault. It has never been the casethat there has been an offence designated as prize fighting recognised at common law anymore than there was an offence designated as duelling.2

1 Pallante v Stadiums Pty Ltd (No 1) [1976] VR 331.2 See generally Pallante v Stadiums Pty Ltd (No 1) [1976] VR 331 and cases referred to therein. See also R v

Russell [1933] VLR 59 at 65 – 70. As to duelling, fighting and so on generally, see 3 Co Inst, pp 157 – 158.

[4.2.3940] Defences: misadventure or accidentSee Platt v Nutt,1 Wakeman v Robinson,2 Stanley v Powell3 and the cases considered in Fowlerv Lanning.4

1 Platt v Nutt (1988) 12 NSWLR 231.2 Wakeman v Robinson (1823) 1 Bing 213; 25 RR 618.3 Stanley v Powell [1891] 1 QB 86.4 Fowler v Lanning [1959] 1 QB 426.

[4.2.3950] Defences: consentAs a general rule it is a good defence that the person complaining of the assault and batteryconsented to the acts complained of. However this is not so where the alleged assault is of sucha nature, or is inflicted in such circumstances, that its infliction is injurious to the public as wellas to the person injured.1 The Court of Appeal affirmed this principle in Attorney-General’sReference (UK) (No 6 of 1980)2 Lord Lane CJ delivering the Courts opinion stated:3

[I]t is not in the public interest that people should try to cause, or should cause, each otheractual bodily harm for no good reason. Minor struggles are another matter. So, in ourjudgment, it is immaterial whether the act occurs in private or in public; it is an assault ifactual bodily harm is intended and/or caused. This means that most fights will be unlawfulregardless of consent. Nothing we have said is intended to cast doubt upon the acceptedlegality of properly conducted games and sports, lawful chastisement or correction,reasonable surgical interference, dangerous exhibitions etc These apparent exceptions canbe justified as involving the exercise of a legal right, in the case of chastisement orcorrection or as needed in the public interest, in the other cases.

The decision is based on the elements of assault, not that the incident occurred in public. Butan unintelligent assent or a consent obtained by fraud is of no effect.4 Instances of lawful

s 23 SUMMARY OFFENCES [4.2.3910]


27 Search warrant for skins of cattle, goods from wreck etc.

(1) If a magistrate is satisfied, by evidence on oath or by affidavit, that there isreasonable cause to suspect that any of the following articles, namely—

(a) the skin or carcass or any part of the skin or carcass of any cattle;(b) any goods merchandise or article reasonably believed to have been taken or to

have come from a ship or vessel in distress or wrecked stranded or cast on shore–has been stolen or unlawfully taken or obtained and is to be found in a house or other placethe magistrate may issue a warrant to search the house or place for the articles and to bringbefore the Magistrates’ Court all such articles found therein and to bring before a bailjustice or the Magistrates’ Court, or summon to appear before the Magistrates’ Court, anyperson in whose possession or on whose premises those articles are so found.[Subs (1) am Act 57 of 1989, s 3 and Sch item 190.7; Act 7876 of 1969, s 2]

(2) Whenever a police officer finds any such articles on the premises or in the possessionof any person or persons and has reasonable cause to suspect that any of such articles hasbeen stolen or unlawfully taken or obtained he may bring all such articles before theMagistrates’ Court and also may summon such a person to appear before the Magistrates’Court or arrest such a person and bring him or her before a bail justice or the Magistrates’Court.[Subs (2) am Act 37 of 2014, s 10 and Sch item 160.10; Act 57 of 1989, s 3 and Sch item 190.8; Act 7876 of 1969,s 2]

(3) Any person on whose premises or in whose possession any such article is so foundwho, after proof of the matters referred to in subsection (1) or subsection (2) of this section,does not satisfy the court before which he is brought or appears that he came lawfully bythe article or that the article was on his premises without his knowledge or assent shall beguilty of an offence.Penalty: 25 penalty units or imprisonment for six months.[Subs (3) am Act 9554 of 1981, s 2 and Sch 2 item 319]

[S 27 am Act 37 of 2014; Act 57 of 1989; Act 9554 of 1981; Act 7876 of 1969]

SECTION 27 COMMENTARY

Elements of the offence ......................................................................................... [4.2.4530]Mens rea ................................................................................................................ [4.2.4540]References ............................................................................................................. [4.2.4550]Reasonable cause to suspect ............................................................................... [4.2.4560]Skin or carcass ...................................................................................................... [4.2.4570]Cattle; goods .......................................................................................................... [4.2.4580]Wreck ..................................................................................................................... [4.2.4590]Search warrant ....................................................................................................... [4.2.4600]Satisfying the court ................................................................................................ [4.2.4610]

[4.2.4530] Elements of the offenceThe prosecution must prove that:

1. the offence occurred at the place and time alleged; and2. the offender was the accused; and3. the accused had in his or her possession or on his or her premises certain articles;



4. the articles were

(a) the whole or part of any cattle skin or carcass; or

(b) items reasonably believed to have come from a ship or vessel in distress,wrecked, stranded, or cast on shore; and

5. there was reasonable cause to suspect that such articles had been stolen or unlawfullyobtained.

[4.2.4540] Mens reaAn offence under s 27(3) is not an offence that requires the prosecution to establish mens rea.The word possession normally imports some knowledge of the object. See the discussion ofmens rea at [4.2.830]. However, the wording of the section makes it clear that the onus lies onthe defendant to satisfy the court that he or she came by such property lawfully or that he orshe did not know, or consent to, the property being on his or her premises. Naturally this onuscan only arise once the prosecution has made out the other elements of the offence: s 27(1) and(2). The court will be need to be satisfied that the explanation is reasonable, honest and true. Itis not necessary for the prosecution to establish that the goods were in fact stolen, or that thedefendant believed they were stolen. Rather the prosecution must establish the defendant hadpossession of the articles, or they were on his or her premises, and that there were reasonablegrounds, at the requisite time, for suspecting the goods to be stolen or unlawfully obtained. Inmost cases the fact that a magistrate issued the warrant under s 27(1) would be sufficient toestablish that there was reasonable cause for suspecting that the articles were stolen orunlawfully obtained. However, s 27(3) requires proof of the matters referred to in s 27(1) or(2). Where the prosecution rely on s 27(1) it should adduce evidence of the matters put beforethe magistrate, by affidavit or evidence on oath, to establish there was reasonable cause tosuspect the items had been stolen or unlawfully taken or obtained. As to challenging searchwarrants see the execution of a search warrant and challenging the validity of a search warrantat [1A.6.530] and [1A.6.700].

[4.2.4550] ReferencesGenerally, see s 26 and notes thereto.

[4.2.4560] Reasonable cause to suspectSee notes to s 26 at [4.2.4340] and [4.2.4350].

[4.2.4570] Skin or carcassIt is impossible to say that a sausage, the composition of which is unknown except that itcontains either pork or beef or both, is, as an integer, portion of a carcass.1 As to the larceny ofcattle and other animals, see Crimes Act 1958, ss 71 ff. As to meat supervision, seess 306 – 314 of the Health Act 1958.

1 Mathews v Foggitt Jones Ltd (1926) 37 CLR 455.

[4.2.4580] Cattle; goodsFor definition of “cattle”, see s 3. Goods are referred to in ss 4(e), (f), 9(1)(b), 31, 32 and 34.

[4.2.4590] WreckAs to offences in respect of ships, see s 71ff of the Crimes Act 1958 (relating to theft) andss 244 – 245.

[4.2.4600] Search warrantA search warrant issues at common law for stolen goods upon a sworn information of theapplicant, that he or she suspects a larceny in respect of property of his or hers, and that it is inthe place which he or she wishes to have searched. An allegation of the actual commission ofa felony is not necessary.1 The officer should take the warrant with him or her2 and shoulddemand admission before attempting to enter by force.3 A constable has, at common law,



reference to the defendant giving a satisfactory account of how he or she came to purchase adefaced skin. On balance the subsection should be considered a mens rea offence. See thediscussion of mens rea at [4.2.830].

[4.2.4970] Elements of the offence – s 30(7)The prosecution must prove that:

1. the offence occurred at the place and time alleged;2. the offender was the accused;3. an inspector or police officer was entering a meat processing plant or other premises

for the purpose of examining cattle or the skins of cattle;4. the accused obstructed or delayed an inspector or police officer;5. the accused obstructed or delayed the inspector or police officer for the purpose of

preventing entry and inspection.

[4.2.4980] Mens reaAn offence under s 30(7) probably requires the prosecution to establish mens rea. Thesubsection makes no reference to knowingly obstructing or delaying. However, the notions ofobstructing or delaying carry the strong sense of intending to do something for the purpose ofachieving that outcome. It may be argued the accused need not intend to prevent theexamination of cattle or cattle skins, rather just intend to prevent or delay entry. If so, it wouldnot be necessary for the prosecution to show the accused knew the purpose of the entry was toexamine cattle or skins. See the discussion of mens rea at [4.2.830] and commentary on s 52Assaulting or resisting constables etc, below.

[4.2.4990] General noteGenerally, see ss 26, 27 and 33 and notes thereto.

[4.2.5000] CattleFor definition of “cattle”, see s 3.

[4.2.5100] PremisesThe defendant was charged for that part of the carcass of a lamb found “on the premises” ofthe defendant with his knowledge. He lived with his wife and family in a house which wasowned by the wife and her two sisters, one of whom lived in the house with the defendant, hiswife and family. The defendant neither owned nor paid rent for the house. Portions of a lamb’scarcass were found in a meat-safe in the house under circumstances which suggested that theywere not lawfully come by. Held: that the place where the suspected property was found wasnot the “premises” of the defendant within the meaning of this subsection.1

1 Moylan v Smith [1922] VLR 315. See French v Gething [1922] 1 KB 236; Egan v Kevan (1941) 44 WALR 14.

[4.2.5120] BrandThe “brand” mentioned in this subsection, which imposes upon any one having in his or herpossession the skin from which the brand has been defaced, is a burnt brand upon the skinitself, and not a surface brand upon the wool.1

1 Smith v McGann (1876) 2 VLR (L) 264.

[4.2.5130] Obstructs or hindersSee note to s 52.

[4.2.5140] Consolidated revenueSee s 61.

[4.2.5150] ReferencesThe Meat Industry Act 1993 contains provisions concerning meat supervision, licensing andstandards in the meat industry.



31 Possession of property from wrecksIf any goods merchandise or articles belonging to a ship or vessel in distress or wrecked

stranded or cast on shore are found in the possession of any person or on the premises ofany person with his knowledge and such person being taken or summoned before theMagistrates’ Court does not satisfy the court that he came lawfully by the same such personshall be liable to a penalty over and above the value of the goods merchandise or articles ofnot more than 25 penalty units or to imprisonment for a term of not more than six months.[S 31 am Act 57 of 1989, s 3 and Sch item 190.19; Act 9554 of 1981, s 2 and Sch 2 item 326; Act 7876 of 1969,s 2]


Elements of the offence ......................................................................................... [4.2.5170]Mens rea ................................................................................................................ [4.2.5180]References ............................................................................................................. [4.2.5190]


1. the offence occurred at the place and time alleged; and2. the offender was the accused; and3. the accused had

(a) in his or her possession; or(b) on his or her premises with his or her knowledge;(c) certain articles; and

4. the articles belonged to a ship or vessel in distress, wrecked, stranded, or cast onshore.

[4.2.5180] Mens reaAn offence under s 31 is an offence that requires the prosecution to establish mens rea. Theword possession necessarily imports some knowledge of the object. See the discussion of mensrea at [4.2.830] above. The wording of the section makes it clear that the onus lies on thedefendant to satisfy the court that he or she came by such property lawfully. However, incontrast to the related offence created by s 27 the onus is on the prosecution to establish thatthe accused knew the property was on his or her premises. Naturally the onus on the accusedcan only arise once the prosecution has made out elements of the offence, including whererelevant the accused person’s knowledge. See commentary on s 27 – search warrant for cattleskins, goods from wrecks, etc above.

[4.2.5190] ReferencesGenerally, see ss 26, 27, 32 and 33 and notes thereto.




PART III – SUPPLEMENTARY51 Assaulting, etc. emergency workers, custodial officers or local authoritystaff on duty

(1) In this section—

custodial officer on duty and custodial officer have the same meanings as insection 10AA of the Sentencing Act 1991;

[Def insrt Act 28 of 2016, s 8(2)]

emergency worker on duty and emergency worker have the same meanings as insection 10AA of the Sentencing Act 1991.

(2) A person must not assault, resist, obstruct, hinder or delay an emergency worker onduty or a custodial officer on duty.Penalty: 60 penalty units or imprisonment for 6 months.[Subs (2) am Act 28 of 2016, s 8(3)]

(3) A person must not assault, resist, obstruct, hinder or delay a member of staff of alocal authority in the execution of the member’s duty under this Act.Penalty: 60 penalty units or imprisonment for 6 months.

(4) A person must not assault, resist, obstruct, hinder or delay a person lawfully assistingan emergency worker on duty or a custodial officer on duty.Penalty: 60 penalty units or imprisonment for 6 months.[Subs (4) am Act 28 of 2016, s 8(3)]

(5) In addition to imposing a penalty under this section, the court may order and awarda sum sufficient to cover any damage which an emergency worker, a custodial officer or amember of staff of a local authority or a person lawfully assisting an emergency worker ora custodial officer has sustained by the assault, resistance, obstruction, hindrance or delay.[Subs (5) am Act 28 of 2016, s 8(4)]

(6) A sum awarded under subsection (5) may be recovered in the same manner as thepenalty.[S 51 am Act 28 of 2016, s 8(1); subst Act 69 of 2014, s 14; reinsrt Act 51 of 2004, s 24; rep Act 8247 of 1972,s 5]


History of ss 51, 51A and 52 ................................................................................. [4.2.6410]

Elements of the offence – s 51(2) ......................................................................... [4.2.6420]



Mens rea ................................................................................................................ [4.2.6435]

Assaulting, resisting, obstructing police etc ........................................................... [4.2.6440]

Emergency worker on duty .................................................................................... [4.2.6445]

Acting in execution of duty .................................................................................... [4.2.6450]

Local authority - duty under this Act ...................................................................... [4.2.6455]

SUMMARY OFFENCES ACT 1966 (ANNOTATED)s 51PT III – SUPPLEMENTARY


[4.2.6410] History of ss 51, 51A and 52Originally s 51 dealt with the apprehension of offenders by police or any other person (ie acitizen’s arrest) in relation to offences against the Summary Offences Act 1966. The originals 52 created offences for assaulting, resisting, obstructing, hindering or delaying a member ofthe police force in the execution of duty, or a person assisting such a member of the policeforce. The current provisions contained in ss 51, 51A effectively retain the offence originallycreated by s 52 but it has been shifted into s 51 and substantially modernized to cover otheremergency workers on duty and members of a local authority in the execution of their dutyunder the Summary Offences Act 1966.1 The offence of besetting premises created by s 52(1A)was first inserted into the Act in 1970.2 Prior to the enactment of the Summary Offences Act1966, the predecessors of the original s 52 (see for example s 189 of the Police Offences Act1958), prefaced the imposition of the penalty under the section with the words: unlessotherwise specifically provided. Whilst that phrase has not been retained in the current s 51,two of the sections which previously otherwise specifically provided have been retained andstill provide a penalty for conduct which would appear to be covered by s 51: see ss 22(2) and30(7).The wording of the modernized offences of assaulting, resisting, obstructing, hindering ordelaying a member of the police force, emergency worker or member of a local authorityappear at first glance to be significantly different form the earlier offence created by s 52(1).However, closer examination indicates the offences created by the current ss 51(2), (3) and (4)contain the same elements as the original offence save the category of persons covered isbroadened by the inclusion of emergency workers. Consequently commentary and casesdiscussing the earlier s 52(1) offences remain generally applicable.Sections 29, 30 and 31 of the Crimes Act 1958, create related offences of using a firearm toresist arrest, threatening injury to prevent arrest and assaulting a police officer, protectiveservices officer in the execution of their duty or a person acting in aid of such a person.

1 The current s 51 was enacted by the Sentencing Amendment (Emergency Workers) Act 2014 by way ofsubstitution for the previous s 51 and s 51A was enacted by the Justice Legislation Amendment (Confiscation andOther Matters) Act 2014. Both ss 51 and 51A in the current form came into effect on 2 November 2014.

2 See Summary Offences (Trespassers) Act 1970 (Act No 8085), s 3(2).


1. the offence occurred at the place and time alleged; and2. the offender was the accused; and3. the accused assaulted, resisted, obstructed, hindered or delayed a person; and4. the person was an emergency worker on duty.


1. the offence occurred at the place and time alleged;2. the offender was the accused;3. the accused assaulted, resisted, obstructed, hindered or delayed a person; and4. the person was a staff member of a local authority acting in the execution of their duty

under the Summary Offences Act 1966.See [4.2.6455] “Duty under this Act”.


1. the offence occurred at the place and time alleged;2. the offender was the accused;3. the accused assaulted, resisted, obstructed, hindered or delayed a person; and



4. the person was lawfully assisting an emergency worker on duty.

[4.2.6435] Mens reaOffences under ss 51(2), (3) and (4) require the prosecution to establish mens rea. An assault,by definition, requires that the accused intentionally causes another person to apprehendimmediate and unlawful violence. Alternatively the prosecution must establish that the accusedintended to resist, obstruct, hinder, delay etc the relevant person. It is submitted it is sufficientto prove intent in relation to the assault etc only, and it is not necessary to prove that theaccused knew he or she was assaulting an emergency worker and that he or she knew that theemergency worker was performing a duty or exercising a power, providing, or attempting toprovide or supporting the provision of, care or treatment to a patient. See discussion at[4.2.6440] “Assaulting, resisting, obstructing police etc”. The defendant’s intention willgenerally be inferred from the surrounding circumstances. See the discussion of mens rea at[4.2.830].

[4.2.6440] Assaulting, resisting, obstructing police etcFor assaults generally, see s 23 and notes. An information for an offence under s 51 may belaid by anyone who is interested in the performance of the duty which the defendant resists.1 InR v Reynhoudt,2 it was held, by a majority of the High Court, that on a charge of assaulting apolice officer in the execution of his duty it is sufficient to prove intent in relation to the assaultonly, and it is not necessary to prove that D knew he was assaulting a police officer and that heknew that the police officer was acting in the execution of his duty. This decision approved thedecision in R v Galvin (No 1),3 which had been overruled by R v Galvin (No 2).4 It is submittedthat the decision in Reynhoudt’s case is applicable to charges laid under this section.5 Howeverit must be proved, not as part of the intent of the accused, but as an element of the offence thatthe person was a member of the police force and was acting in the execution of his duty. As tothe last element, see [4.2.6445] “Emergency worker on duty” and [4.2.6450] “Acting inexecution of duty”. Reynhoudt’s case acknowledges that a defendant honestly and reasonablybelieving the person assaulted etc was not a police officer or was not a police officer acting inthe execution of his or her duty has a good defence. It must be a mistake of fact not law. Amistake as to an officer’s powers may in the context of a particular case be a mistake of law. Inthis regard, see also Towse v Bradley.6 It is debatable now as to whether the belief must bereasonable or not.7 Although the authorities at the present time indicate that there may be anevidentiary onus cast upon the defendant in such circumstances, the ultimate burden of provingeach of the necessary elements of the offence beyond reasonable doubt (in the absence of anexpress provision to the contrary) is on the prosecution. See s 23 and notes thereto.In Fields v Maher,8 it was stated in reference to a charge of resisting a member of the policeforce in the execution of his duty, under s 456C of the Crimes Act 1900 (NSW), which issimilar to s 51 of the Summary Offences Act 1966, that the intention to resist must be basedupon events and circumstances surrounding the arrest of a person and not upon antecedentevents or subsequent events, for example, prior conduct or threats by police officers or thestigma of being arrested or suffering a term of imprisonment or fine or loss of a job, areirrelevant to the intent the prosecution must establish in a charge pursuant to s 456C of theCrimes Act 1900 (NSW). In this case Fields had wanted to adduce evidence that he refused togo with the police officers unless accompanied by an independent person because, due to analleged assault by Maher on a previous arrest, he feared he would be assaulted by the policeofficers. The magistrate refused to admit such evidence on this basis. Slattery J upheld thatdecision.In Field’s case the question also arose whether a defendant could be convicted of two chargesof resisting arrest arising out of a continuous act or proceeding which gave rise to resistance atthe same time, of more than one police officer, and that the two police officers were engaged inthe joint performance of one and the same duty. Slattery J, as obiter dicta, preferred the viewthat a defendant could be. In Hull v Nuske,9 a case Slattery J referred to, a different viewprevailed. In that case Walters J thought it would be unjust to convict an offender of twooffences of resisting arrest in such circumstances; however, he came to a different view in

SUMMARY OFFENCES ACT 1966 (ANNOTATED)s 51PT III – SUPPLEMENTARY[4.2.6440]


relation to charges of assaulting two police officers in the execution of their duty in similarcircumstances. The view of Slattery J is more logical and preferable.Two police officers, acting under instructions to detect breaches of the Licensing Acts,apprehended two men, searched them, and found two bottles of beer. The defendant rushed atthe police officers to get possession of the bottles, a struggle ensued, and the police wereassaulted. It was held that notwithstanding that the police officers had no power to search thetwo persons nor to retrieve the bottles had they been demanded by a person having the right todemand them, they had the right in the execution of their duties to retain the bottles forevidentiary purposes, and they were therefore assaulted in the course of their duty.10

“Obstructing” within the context of this section was said, in Hinchcliffe v Sheldon,11 to meanmaking it more difficult for the police to carry out their duties. Where a number of police areengaged in procuring evidence, by means of a police trap against motor-car drivers travellingat an unlawful speed, if A by giving warning to drivers actually offending in this respect,intentionally and successfully prevent the police from obtaining evidence of the commission ofthe offence by the offenders, A may be rightly convicted of wilfully obstructing the police inthe execution of their duty under s 2 of the Prevention of Crimes Amendment Act 1885.12 It isotherwise when warning is given to drivers, who are not breaking the law, that there is such apolice trap ahead.13 The defendant was seen coming out of licensed premises during prohibitedhours carrying bottles of beer. He ran away, but being pursued by the police, was caught. Thepolice took nine bottles of beer from him; he then wrenched himself free and ran off, stillcarrying one bottle of beer, but was recaptured. Held: that as he was committing an offence inremoving the beer and the police were executing their duty in trying to obtain possession of thebeer, the defendant was guilty of obstructing the police in the execution of their duty unders 185 (now s 51).14 Following the decision in Green v Moore,15 Bastable’s case must be viewedwith great caution and, at most, be limited to its particular fact situation. In Green v Moore anoff duty probationary constable warned the landlord of a hotel that a police officer was in thebar of the hotel and other police officers were nearby for the purpose of investigating afterhours trading. This warning was given before trading hours had concluded. The court held thedefendant was guilty of the offence of wilfully obstructing a police officer in the execution ofhis duty. In the course of their judgment the court said there were three questions to ask whenconsidering a charge of this nature: (1) was there any obstruction of a constable? and (2) wasthe constable acting lawfully in the execution of his duty? and (3) was the obstruction intendedto obstruct the constables in the execution of their duty? An example relating to the thirdquestion is to be found in Willmott v Atack,16 where it was held the defendant’s action, thedefendant intending to try and assist the police to calm down another person, did not amount towilfully obstructing the police. The word wilfully appears in the equivalent English section.However, it is submitted that its omission in the Victorian section does not alter the authorityof these cases.Where power was given by statute to an inspector of fisheries to board and search for and seizeany tackle illegally used, or any fish taken in contravention of the law, it was stated in Elrick vTerjesen,17 that any delay in the search may enable incriminating objects to be jettisoned, andthe defendant, who, when ordered by an inspector to bring his boat to the wharf, took itdownstream before he finally berthed it, was held to have been rightly convicted ofobstructing.A constable who, in the course of his or her duty, is investigating an offence, has no right toenter the premises of another without the consent, express or implied, of that other. In such acase if the constable, without a warrant, but on the implied invitation of a shopkeeper, entersthe latter’s shop, the mere fact that the latter afterwards orders the constable off the premises isnot an obstruction of the constable in the execution of his or her duty.18 So, in Davis v Lisle,19

where a constable, in investigating a supposed offence, entered the defendants premiseswithout the defendant’s permission or a warrant authorising him to enter, and refused to leavewhen requested by the defendant who thereupon assaulted him, it was held that even if theconstable had a right to enter the premises to make inquiries, he became a trespasser uponbeing told to leave the premises, and he was not therefore acting thence-forward in theexecution of his duty, so that the defendant could not be convicted of assaulting or obstructinghim in the execution of his duty.20



In Kenlin v Gardiner,21 police officers caught hold of two boys not in the course of arrestingthem but for the purpose of detaining them in order to question them. It was held that theseactions were technically assaults and accordingly the boys were entitled to defend themselvesand their action in defending themselves did not constitute assaults on the police in theexecution of their duty.Police, in the execution of their duty to keep the streets free from obstruction, may beobstructed by a deputation to the Prime Minister, of ladies who, being refused audience andbeing requested by the police to depart, refuse to go, whereby a crowd collects and obstructsthe traffic.22 Refusing to assist a constable in the execution of his or her duty in order topreserve the peace (where the party is duly called on to do so) is an indictable misdemeanourat common law. Semble, it was not necessary, to support an indictment under s 38 of theOffences Against the Person Act 1861 (24 & 25 Vict, c 100), to show that the accused knewthat the person he or she assaulted was a police constable.23

Merely refusing to answer questions does not necessarily constitute the offence of obstructingpolice in the execution of their duty.24 However it should be noted that the court in Rice’s casewas considering the English section which contains the words wilfully obstructs. In Ricketts vCox,25 it was held the defendant, who upon being asked questions by a police officer had swornat the police officer and was abusive, unco-operative and positively hostile, was guilty of theoffence of obstructing a police officer.26 In Tankey v Smith,27 the appellant told his policequestioner, as was found by the lower court, a deliberate lie and was convicted of obstructinga police officer in the execution of his duty contrary to s 64(1) of the Australian Federal PoliceAct 1979. Blackburn CJ in confirming the conviction, held a lie in answer to a questiondesigned to elicit information which the questioner has a duty to elicit must, in the ordinarycase, obstruct a questioner in the execution of his duty. In obiter dictum Blackburn CJ alsostated that mere failure to co-operate is not sufficient to amount in law to obstruction within themeaning of the section.In Maingay v Mansfield,28 the defendant was held rightly convicted under a section similar tos 51, where the defendant, though he offered no physical hindrance to the police, ran to warnpersons, inside licensed premises after trading hours, of the arrival of the police, and by hisactions did warn persons inside the licensed premises. Similarly in Hinchcliffe v Sheldon,29 thedefendant was convicted of wilfully obstructing a constable in the execution of his duty whenupon finding constables wishing to enter licensed premises wherein they suspected the licenseewas committing an offence he shouted warnings to the licensee who then did not open the dooruntil some time later.In Lenthall v Curran,30 where there was evidence of the defendant’s acts and words fromwhich it could be inferred that the defendant warned persons illegally betting in a hotel of theapproach of the police, he was held rightly convicted of hindering the police. Similarly,warning a prostitute of the approach of a constable who has made up his mind to arrest her foroffensive behaviour constitutes the offence of hindering a constable in the execution of hisduty.31 The mere giving of advice not to answer questions put by a police officer in the courseof his duty does not constitute the offence of hindering him in the course of his duty.32

However, advising a person on industrial premises not to allow himself to be searched by apatrolman could reasonably be said to be obstructing the patrolman in the course of his duty.33

In Plunkett v Kroemer,34 it was held that a constable was hindered in the execution of his dutyby any obstruction or interference which made his duty substantially more difficult ofperformance. In Jones v Daire,35 Zelling J held that the appellant, the husband of the driver ofa motor car being spoken to by police, was guilty of hindering the police in his actions,particularly in positioning himself between a police officer and his wife, questioning the policeofficers right to see the driver’s licence, and placing his hand on the drivers handbag andtelling her not to show her licence to the police. There is an unreported case of Kerr-Taylor vThomas, in which Lowe J in the Victorian Supreme Court on 29 July 1937, in deliveringjudgment, adopted the words of Napier J in Plunkett v Kroemer which were as follows:36

[B]ut “hinder” is not a word of art, or capable of precise definition, and it is a question offact and of degree whether in the circumstances of the particular case the obstruction or



interference was appreciable. If the constable is frustrated in his attempt to perform his duty,or retarded in the execution thereof, then, clearly, he has been “hindered” but I think the fairand natural meaning of the word goes further than that. I think that a constable is“hindered” by any obstruction or interference that makes his duty substantially moredifficult of performance.

The facts in Kerr-Taylor v Thomas were as follows: The defendant was seen standing at thecorner of a lane and a street. As the police car approached the corner, the defendant watchedthe car and, as it began to turn into the lane, he pressed a button which was known to beconnected to an electric bell in a building at the far end of the lane. Immediately thereafter,men who were congregated at the end of the lane scattered. Where the men had been standingwas found some betting slips. The defendant sought to escape, but was detained, and in answerto questions, he admitted that he knew there was a bookmaker in the lane, but he denied that hehad warned him. A man who approached the constables and the defendant, asked the defendantif he had rung the bell, but the defendant did not reply. There was no evidence that on thisoccasion the bell actually rang, but when previously operated by the constables it had rung.The defendant was convicted by the lower court, and on review, Lowe J, after quoting thepassage from Plunkett v Kroemer, cited above, said that as the evidence of hindering was of avery meagre nature it would be unsafe to uphold the conviction, which was accordingly setaside. In Leonard v Morris37 Walters J said:

[T]hat a person cannot reasonably be said to hinder another’s actions just because what hedoes happens to delay or frustrate what the other person does … given, then that the allegedoffender realises that what he is doing or about to do will probably impede or frustratecertain acts then being, or about to be done by some other person of which the allegedoffender is aware, and that those acts are impeded or frustrated by what the alleged offenderdoes, what more is required for the alleged offence to be made out? In my opinion, thesection plainly demands proof of two further elements: first, that the person whose acts arefrustrated or impeded is a police officer; and second that those acts were being, or wereabout to be done, part of the particular duty then and there required of that police officer.

A police officer went in the execution of his duty to eject the plaintiff from licensed premises.Upon being requested to leave the plaintiff began to argue with the officer. It was held that theplaintiff had not contravened s 340 of the Police Offences Act 1935 (Tas) which provides, noperson shall resist a police officer in the execution of his duty, as resist means resistphysically.38

1 Sargood v Veale (1891) 17 VLR 660; Re Goodison (1892) 13 ALT 165; Armstrong v Hammond [1958] VR 479;Lynch v Sloan [1959] VR 656.

2 R v Reynhoudt (1962) 107 CLR 381; 36 ALJR 26.3 R v Galvin (No 1) [1961] VR 733.4 R v Galvin (No 2) [1961] VR 740.5 See discussion of Reynhoudt’s case at [4.8.3096] “Honest and reasonable but mistaken belief”.6 Towse v Bradley (1985) 73 FLR 341; 14 A Crim R 408; 60 ACTR 1 at 410 - 411, where the potential mistake

was said to be as to the officer’s power under a search warrant, and considered by Blackburn CJ a mistake of law.7 See He Kaw Teh v The Queen (1985) 157 CLR 523; 59 ALJR 620; 15 A Crim R 203; 60 ALR 449 at 456.8 Fields v Maher (unreported, NSWSC, Slattery J, 25 February 1982).9 Hull v Nuske (1974) 8 SASR 587.

10 Miller v Noblet [1927] SASR 385.11 Hinchcliffe v Sheldon [1955] 1 WLR 1207; [1955] 3 All ER 406.12 Betts v Stevens [1910] 1 KB 1.13 Bastable v Little [1907] 1 KB 59.14 Peach v McCarthy [1919] VLR 342. See also Baker v Ellison [1914] 2 KB 762; Taylor v Nixon [1910] 2 Ir R 94.15 Green v Moore [1982] QB 1044; [1982] 2 WLR 671.16 Willmott v Atack [1977] QB 498; [1976] 3 WLR 753.17 Elrick v Terjesen [1948] VLR 184 at 187.18 Mackay v Abrahams [1916] VLR 681, and see Bishop v WH Rocke & Co [1914] VLR 429.19 Davis v Lisle [1936] 2 KB 434.20 Compare Balfour v Wescombe [1960] SASR 165.21 Kenlin v Gardiner [1967] 2 QB 510; [1967] 2 WLR 129; [1966] 3 All ER 931.



22 See Despard v Wilcox (1910) 102 LT 103; Pankhurst v Jarvis (1910) 101 LT 946.23 R v Maxwell (1909) 73 JP 176; Mew’s Ann Dig, col 78.24 Rice v Connolly [1966] 2 QB 414; [1966] 3 WLR 17; [1966] 2 All ER 649.25 Ricketts v Cox (1981) 74 Cr App R 798.26 See also Hogben v Chandler [1940] VLR 285 (referred to below).27 Tankey v Smith (1981) 36 ACTR 19.28 Maingay v Mansfield [1919] WALR 70.29 Hinchcliffe v Sheldon [1955] 1 WLR 1207; [1955] 3 All ER 406.30 Lenthall v Curran [1933] SASR 248.31 Terbutt v Holmes (1935) 52 WN (NSW) 223.32 Hogben v Chandler [1940] VLR 285.33 Re Dismissal of Union Delegates at Homebush Abattoir [1966] AR (NSW) 371.34 Plunkett v Kroemer [1934] SASR 124.35 Jones v Daire (1983) 32 SASR 369.36 Plunkett v Kroemer [1934] SASR 124 at 127.37 Leonard v Morris (1975) 10 SASR 528 at 535.38 Coulson v Huddlestone (unreported, TASSC, 1967).

[4.2.6445] Emergency worker on dutyThe offences created by ss 51(2) and (4) require the emergency worker to be on duty. This is tobe contrasted with “acting in the execution of their duty”, a formulation used in some earlierlegislation and retained in the offence created by s 51(3). For the purposes of s 10AA of theSentencing Act 1991 an emergency worker is on duty if they come within the criteria set out inparas (a) – (d) of s 10AA(9) and pursuant to s 51(1) those criteria apply to s 51. In essence anemergency worker is on duty:• where the worker is a police officer or protective services officer, when they are performing

any duty or exercising any power as such an officer;• where the worker is an operational member of the ambulance service, when they are

providing, or attempting to provide, care or treatment to a patient;• where the worker is employed or engaged to provide or support emergency treatment in a

hospital, when they are providing, or attempting to provide or support, such treatment;• in any other case, when the worker is performing any duty or exercising any power in

response to an emergency within the meaning of the Emergency Management Act 2013.Where the worker is a police officer, protective services officer or a person responding to anemergency within the Emergency Management Act 2013 the criteria for “on duty” replicate,and might arguably be a wider than, the concept of “acting in the execution of duty”. Wherethe worker is an operational ambulance officer or engaged in emergency treatment in a hospitalthe concept of “on duty” is more limited. “Emergency treatment” is defined by s 10AA(8) ofthe Sentencing Act 1991 to mean unplanned or unexpected treatment to save life, preventdamage to health or prevent suffering or continued suffering of pain or distress. “Hospital” isdefined by s 10AA(8) and includes a day procedure centre. Ultimately it will be a question offact whether what the ambulance or medical officer was doing came within care or treatment,or emergency treatment, as required. See discussion at [4.2.6450] “Acting in execution ofduty”.

[4.2.6450] Acting in execution of dutyWhilst the phrase “on duty” appears broad as noted at [4.2.6445] “Emergency worker on duty”by virtue of the definitions in s 10AA of the Sentencing Act 1991 it appears to replicate theconcept of “acting in the execution of duty”. Some assistance may be obtained from casesdealing with earlier enactments.In a different context it was observed:1

On the authorities, the meaning of “duty” is dependent upon the context in which it is used.It may refer to a legal duty: an obligation to act, imposed by law, and generally mandatory;or, it may refer to the functions of an office. Whether the officer-bearer performs thefunctions, and in what manner, is generally discretionary. The courts have been reticent tostate exhaustively the legal duties imposed on police officers. With competing policy



objectives and limited resources, legal duties are imposed cautiously. Many “duties” of apolice officer are more aptly described as functions of office and the discretion inperforming these functions is wide.

The “duties” of a police officer are ancient and include: the duty to preserve the peace;the duty to protect life and property; the duty to prevent crime; the duty to detect crimeswhen they occur; the duty to apprehend offenders; the duty to prevent obstructions ofhighways; and the duty to uphold the law.

However, these must be sensibly read as functions of the office of police member ratherthan legal, mandatory obligations.…A function or duty of office…… involves an element of discretion. Determining thepresence, nature and scope of a function of office is a contextual inquiry.

Whilst duty in s 51 is more akin to a “function or duty of office” rather than a “legal duty” therequirement the officer holder is “performing any duty or exercising any power as such anofficer” informs and limits the concept of “on duty” in a very similar, if not the same, mannerthe requirement “acting in the execution of duty” did under earlier enactments. A person whois not under arrest is not obliged, in the absence of specific legislative power, to remain andspeak to police and, if he or she flees from police, is not resisting a member of police in theexecution of their duty for the purposes of s 52, the earlier enactment of what is now s 51(2).Kaye J, relying on earlier authority, drew a distinction between “acting in the course of theirduty” and “acting in the execution of their duty”;2

I have no doubt that, in requesting the respondent to speak to them, the police were actingin the course of their duties as police constables. However, they were not, at that point,acting “in the execution” of their duties as police members for the purpose of s 52(1) of theAct.

Given the slightly different wording now used to define “on duty” pursuant to s 10AA(9)(a) ofthe Sentencing Act 1991, namely “performing any duty or exercising any power as such anofficer”, it is an interesting question whether the distinction drawn by Kaye J remainsapplicable to s 51(2). It is a matter of statutory construction and at the time of writing therewere no cases where the different wording arising from “on duty” under s 51 had beenconsidered. Some of the cases referred to in the discussion that follows involve a distinctionbetween powers of police to arrest and situations where they seek to question a person withoutarrest. Cooke P observed:3

It is settled law that the police have no general power to detain a person against his or herwill for questioning. In carefully defined circumstances statutory powers of arrest withoutwarrant exist and there are certain common law powers exercisable even by private persons… and it would be possible for a statute to give a specific power to detain temporarily forquestioning…

The better argument is that when an officer is acting in excess of power or without power theyare not “performing any duty or exercising any power as such an officer” and so the distinctiondrawn by Kaye J and in other cases continues to apply. As observed by Hedigan J:4

The right of citizens to resist unlawful search and arrest is as old as their inclination to doso. The role of the courts in balancing the exercise of police powers conferred by the Stateand the rights of citizens to be free from unlawful search and seizure may be traced throughcenturies of cases.

It follows if a person acts reasonably in the belief the officer is acting unlawfully, assaulting orotherwise interfering with them or another, they are entitled to resist. Once the accusedestablishes on the balance of probabilities they held that belief and had reasonable grounds fordoing so, and had the facts been as they believed them to be no offence would have beencommitted, they have not committed an offence.5

A person who then and there advises another not to answer questions put to him or her by apolice officer investigating a reported crime is not necessarily hindering the officer in theexecution of his or her duty.6



A police officer who apprehends a person for an offence against the Summary Offences Act1966 without having reasonable grounds for believing that that person is guilty of an offence(see s 462 of the Crimes Act 1958) is not acting in the execution of his duty, and, if the personapprehended resists, he is not guilty of an offence under s 51.7 In Botton v Wynn,8 it was heldthat in order to be guilty of an offence equivalent to s 51(1), the court must determine that thedefendant’s actions made the police officer’s duty substantially more difficult of performance.Whether a police officer’s duty is made substantially more difficult of performance is a matterfor evidence.9

A police officer who purports to be executing a warrant is not acting “in the execution of hisduty” when doing acts not authorised by the warrant.10 A conviction for resisting a member ofthe police force in the execution of his duty cannot stand where D went to the assistance ofsomeone who had been arrested by the police officer, but such arrest was not carried out in thecourse of the police officer’s duty and, nor, on the evidence, could the police officer have bonafide believed he was so acting.11

Pending disputes as to claims, a warden had taken possession of the drives of a miningcompany, and several special constables were sworn in to keep the peace between the minersunderground. While one of these special constables was sleeping on a bag of straw in a drive,the defendant, by assistants, had the bag of straw lifted with the constable on it, to another partof the drivings. Held: that this was not an assault on the constable in the exercise of his duty.12

A constable in uniform, on his way home at 11.30 pm was assaulted by a man. Held: that theconstable was not then in the execution of his duty within the meaning of s 12 of thePrevention of Crimes Act 1871.13 The refusal by a passenger in a tramcar to give his name andaddress on the request of the conductor does not amount to an obstruction of the conductor inthe execution of his duty, and does not justify the seizure and detention of the passenger.14

Driving a car at a constable who was attempting to detain it in circumstances where he had nopower or duty to do so does not constitute an assault of a policeman in the course of his duty.15

In Reid, Vickers and Forbutt (No 2),16 the appellants had been convicted of an offence ofobstructing a police officer in the execution of his duty pursuant to s 64(1) of the AustralianFederal Police Act 1979. The charges arose out of an incident during the Anzac Day March inCanberra in 1980. The appellants were part of a group of women representing Women AgainstRape, who were desirous of laying a wreath. A police officer informed the women he feared animminent breach of the peace and instructed them not to march, and, if they did so, they wouldbe obstructing him in the execution of his duty. The women then attempted to join the march.Connor ACJ came to the view of the police officer, reasonably believing a possible breach ofthe peace may be provoked by the lawful conduct of the appellants, gave an order to theappellants which they refused to obey; the evidence also established the appellants, at the timethe order was given, were not committing any offence, nor were they suspected by the policeofficer to be about to commit any offence. Connor ACJ held the most the police officer couldhave done was to arrest the appellants in order to bring them before a court to seek to havethem bound over to keep the peace. Accordingly, he dismissed the charge of obstruction.

In doing so he refused to follow English authority to the contrary effect.17 He did so becausethe question of being bound over to keep the peace did not appear to have been considered inDuncan v Jones.18 Connor ACJ expressly approved Wise v Dunning,19 in that a binding overorder may be available against a person who has not committed any offence in circumstanceswhere the consequences of his lawful conduct is likely to produce a breach of the peace byother persons.In Duncan v Jones the appellant was about to address a number of people in a street when aconstable, who reasonably apprehending that a breach of the peace would occur, if the meetingwere held, forbade her to do so. The appellant persisted in attempting to hold the meeting andobstructed the constable in his attempts to prevent her doing so; though neither the appellantnor any of the persons present at the meeting committed, incited or provoked a breach of thepeace, it was held that the appellant was rightly convicted of wilfully obstructing the constablein the execution of his duty. In Piddington v Bates a constable reasonably anticipated a breachof the peace and accordingly sought to limit the number of pickets outside a factory, it was



held the appellant, who pushed past him, was guilty of obstructing the constable in theexecution of his duty. Duncan v Jones was followed in Burton v Power20 and Pounder vPolice;21 although in Wainwright v Police22 the court was not prepared to apply the principlebecause the police officer was of the view the act may lead to a breach of the peace and left theappellant the choice of doing the act, albeit with a warning he may be arrested on anothercharge.There does not appear to be any decided case in Australia where Duncan v Jones has beenapplied.23 The decision of Connor ACJ in Reid, Vickers and Forbutt (No 2) appears to bepreferable. Justices have power to bind over an individual to keep the peace.24

Tynan v Balmer25 was another picket line case, but is distinguishable on the ground that thedefendant’s actions, the continuance of which led to his arrest, constituted a nuisance atcommon law. In R v The Commissioner of Police for Tasmania,26 another picket line case, itwas observed a face to face confrontation should give rise to a reasonable apprehension of abreach of the peace and in such circumstances a police officer intervening to assist in theremoval of the obstructor would be acting both lawfully and in accordance with his duty.In Donnelly v Jackman,27 a police constable approached the defendant, who was walking alongthe footpath, to make enquiries about an offence the constable had reason to believe mighthave been committed by the defendant. The defendant ignored the constable’s request to stop;the constable touched the defendant on the shoulder intending to stop the defendant to speak tohim, but not to charge or arrest him, and the defendant struck the constable. The defendant’sconviction for assaulting a police officer in the execution of his duty was confirmed as theconstable was not acting outside the ambit of his duties in seeking to stop and talk to thedefendant. See also Davis v Lisle,28 noted at [4.2.6440] “Assaulting, resisting, obstructingpolice etc”.A police constable endeavouring to execute a warrant of distress attempted to enter a house tofind out whether there were any goods of the debtor there – the house being the property of thedefendant’s wife. Held: that the constable was entitled to enter, and that an obstruction of himwas an obstruction of him in the execution of his duty.29 A police officer went to the door of adwelling house for the purpose of making inquiries as to a motor vehicle obstructing aright-of-way adjacent to the house. The occupier ordered the policeman off the premises andassaulted him. Held: that the officer was acting in the execution of his duty and the occupierwas guilty of assaulting him in the execution of his duty.30

In Halliday v Nevill,31 the High Court had to consider charges, inter alia, of resisting andassaulting police officers in the execution of their duty. Halliday had been arrested for drivingwhilst disqualified whilst he and the police officers were on the premises, namely the driveway,of an independent person. Halliday broke free, ran to his own house and attempted to takerefuge therein. He was pursued into the house by police and a struggle in the house followed.The magistrate dismissed the informations for resist and assault. On an order to review,Brooking J32 held the maxim every man’s home is his castle can be relied upon to invalidate anarrest made by a police officer who has no power of entry and who bursts into a man’s homeand there arrests him; however Halliday was not first arrested in his home, and consequentlythe police officers’ entry into his home was justified by s 459A Crimes Act 1958 since bothpolice believed on reasonable grounds that Halliday had escaped from legal custody and was inthe house. On appeal to the High Court, by Halliday, the High Court held, in relation to theinitial arrest on the driveway:

1. the arresting officers were not trespassing as they had an implied licence from theoccupier of the premises to be upon the driveway;

2. in this case, the implied licence arose with respect to the means of access to adwelling house: in the absence of an obstruction or other notice, the law implies alicence in favour of members of the public to go upon a path or driveway;

3. the implied licence to members of the public to go onto an open driveway of adwelling house is not confined to exclude members of the police force in the ordinarycourse of their duty.

See too Robson v Hallett.33 When a police constable is proceeding lawfully to arrest a personhe or she is acting in the execution of his or her duty.34



In Lindley v Rutter,35 the defendant’s conviction on a charge of assaulting a police officer in theexecution of her duty was set aside. The defendant, a female, was arrested for, andsubsequently convicted of, being drunk and disorderly. She was lodged in a cell at the policestation but refused to be searched or have her brassiere removed by a female police officer; astruggle occurred which gave rise to the alleged assault charge. A second policewoman thenwent to the assistance of the first, a search was carried out and the brassiere removed. Insearching and removing the brassiere the policewomen were carrying out the ChiefConstable’s standing orders to remove the brassiere from female prisoners for their ownprotection lest they use the brassieres to hang themselves. It was held the policewoman wasunder a duty to consider whether the search was necessary for any lawful purpose and whetherthe removal of the brassiere was necessary for the defendant’s own protection and since thepolicewoman had not applied her mind to those matters her conduct was not justified;accordingly, she was not acting in the course of her duty and the defendant was entitled to usereasonable force to resist.36

1 Director of Public Prosecutions v Zierk (2008) 184 A Crim R 582; [2008] VSC 184, at [18] – [19] and [22] perWarren CJ, footnotes omitted. The passage quoted by Warren CJ is from R v Metropolitan Police Commissioner;Ex parte Blackburn [1968] 1 All ER 763. Zierk’s case involved a police officer charged with disclosing adocument in breach of duty pursuant to the Police Regulations Act 1958.

2 Director of Public Prosecutions v Hamilton (2011) 33 VR 505; 214 A Crim R 432; [2011] VSC 598 at [28] –[32] per Kaye J.

3 Waaka V Police [1987] 1 NZLR 754 at 757. This passage is part of a passage cited by Kaye J in Director ofPublic Prosecutions v Hamilton (2011) 33 VR 505; 214 A Crim R 432; [2011] VSC 598 at [31].

4 Nguyen v Elliot (unreported, VSC, Hedigan J, 6 February 1995).5 R v Galvin (No 1) [1961] VR 733 and see [4.2.6440] Assaulting, resisting, obstructing police etc6 Hogben v Chandler [1940] VLR 285.7 Lunt v Bramley [1959] VR 313.8 Botton v Wynn (unreported, VSC, Phillips J, 18 December 1987).9 See also Plunkett v Kroemer [1934] SASR 124.

10 Henderson v O’Connell [1937] VLR 17.11 Falvey v Burns; Ex parte Burns [1939] QSR 217.12 Phillipson v Pearce(1866) Argus 3 Dec 1866. See McLiney v Minster [1911] VLR 347, and see note at [4.2.6440]

“Assaulting, resisting, obstructing police etc”.13 Monk v Strathen [1921] SC (J) 4.14 Municipal Tramways Trust v Scott (1919) 26 CLR 501.15 R v Waterfield [1964] 1 QB 164; [1963] 3 All ER 659.16 R v Reid (No 2) (1981) 2 A Crim R 28.17 Duncan v Jones [1936] 1 KB 218; Piddington v Bates [1961] 1 WLR 162; [1960] 3 All ER 660.18 See R v Reid (No 2) (1981) 2 A Crim R 28 at 37.19 Wise v Dunning [1902] 1 KB 167.20 Burton v Power [1940] NZLR 305.21 Pounder v Police [1971] NZLR 1080.22 Wainwright v Police [1968] NZLR 101.23 Duncan v Jones has been considered in a number of cases, and is cited at footnote 6 in Director of Public

Prosecutions v Zierk (2008) 184 A Crim R 582; [2008] VSC 184 with apparent approval but not in the context ofany discussion of the issues involved but rather in regard to the general uncontroversial proposition police havea duty to preserve the peace.

24 See generally R v Reid (No 2) (1981) 2 A Crim R 28, particularly at 35 ff; see Magistrates’ Court Act 1989,s 126A.

25 Tynan v Balmer [1967] 1 QB 91; [1966] 2 WLR 1181; [1966] 2 All ER 153.26 [1992] TasSC 127 Donnelly v Jackman [1970] 1 WLR 562; [1970] 1 All ER 987.28 Davis v Lisle [1936] 2 KB 434.29 Purcell v Mulcahy [1936] VLR 87.30 Balfour v Wescombe [1960] SASR 165.31 Halliday v Nevill (1984) 155 CLR 1; 59 ALJR 124; 13 A Crim R 250; 57 ALR 331; 2 MVR 161.32 Nevill v Halliday [1983] 2 VR 553.33 Robson v Hallett [1967] 2 QB 939; [1967] 3 WLR 28; [1967] 2 All ER 407.34 Brazil v Bielefeld; Ex parte Bielefeld [1964] QWN 5.35 Lindley v Rutter [1981] QB 128; [1980] 3 WLR 660.36 As to police powers to search prisoners, see Lindley v Rutter; R v Naylor [1979] Crim L R 532; Halsbury’s Laws

of England (4th ed), Vol II, para 121 and Victoria Police Standing Orders (1981) 9.9 to 9.11.



[4.2.6455] Local authority - duty under this Act“Local authority” is defined in s 3, and see notes thereto. Unlike ss 51(2) and (4) (and alsosome earlier enactments such as s 94 of the Act of 1890), s 51(3) expressly refers to “dutyunder this Act”. Offences relating directly to local authorities under the Summary Offences Act1966 are now limited to some of the offences created by s 4. A member of the staff of a localauthority may file a charge for an offence against any of the provisions of the Act, see s 56.

51A Assaulting registered health practitioners

(1) If a registered health practitioner—(a) is employed, self-employed or engaged to provide, or support the provision of,

care or treatment in a hospital to a person; and(b) is in the hospital or on the hospital premises—-

a person must not assault the practitioner, knowing or being reckless as to whether thepractitioner is a health practitioner.Penalty: 60 penalty units or imprisonment for 6 months.

(2) If a registered health practitioner—(a) is employed, self-employed or engaged to provide, or support the provision of,

care or treatment, other than in a hospital, to a person; and(b) is providing, or supporting the provision of, care or treatment to a person in the

course of that employment, self-employment or engagement—a person must not assault the practitioner, knowing or being reckless as to whether thepractitioner is a health practitioner acting in accordance with paragraph (b).Penalty: 60 penalty units or imprisonment for 6 months.

(3) In this section—

health practitioner and registered health practitioner have the same meanings as inthe Health Practitioner Regulation National Law;

hospital means a public hospital, private hospital, denominational hospital or dayprocedure centre within the meaning of the Health Services Act 1988;

hospital premises includes parking areas, driveways, courtyards and forecourts on thepremises occupied by a hospital.

[S 51A insrt Act 79 of 2014, s 59]

SECTION 51A COMMENTARY

Elements of the offence – s 51A(1) ....................................................................... [4.2.6470]Elements of the offence – s 51A(2) ....................................................................... [4.2.6475]Mens rea ................................................................................................................ [4.2.6480]Definition of terms .................................................................................................. [4.2.6485]History .................................................................................................................... [4.2.6490]

[4.2.6470] Elements of the offence – s 51A(1)The prosecution must prove that:

1. the offence occurred at the place and time alleged;2. the offender was the accused;3. the accused assaulted a person;4. the person was:

s 51A SUMMARY OFFENCES [4.2.6450]


a. a registered health practitioner employed, self-employed or engaged toprovide, or support the provision of, care or treatment in a hospital to aperson;

b. in the hospital or on the hospital premises; and5. the accused knew, or was reckless as to whether, the person was a health practitioner.

An offence under s 51A(1) does not require the health practitioner to be providing care ortreatment to a person at the time of the alleged assault. It requires the health practitioner to beemployed etc for that purpose and in the hospital or on hospital premises at the time of thealleged assault.

[4.2.6475] Elements of the offence – s 51A(2)The prosecution must prove that:

1. the offence occurred at the place and time alleged;2. the offender was the accused;3. the accused assaulted a person;4. the person was:

a. a registered health practitioner employed, self-employed or engaged toprovide, or support the provision of, care or treatment other than in a hospitalto a person;

b. providing, or supporting the provision of, care or treatment in the course ofthat employment, self-employment or engagement; and

5. the accused knew, or was reckless as to whether, the person was a health practitionerproviding, or supporting the provision of, care or treatment in the course ofemployment, self-employment or engagement.

An offence under s 51A(2) requires the health practitioner to be providing, or supporting theprovision of, care or treatment to a person at the time of the alleged assault. The breadth of theoffence created will depend on the meaning to be given to “supporting the provision of”. Inone sense a health practitioner is supporting the provision of care whenever they are on duty.However, s 51A(2) envisions something more immediate than merely being on duty andrequires some active engagement in supporting the care of a particular person (patient).

[4.2.6480] Mens reaOffence under ss 51A(1) and (2) require the prosecution to establish mens rea. An assault, bydefinition, requires that the accused intentionally causes another person to apprehendimmediate and unlawful violence.Additionally, in relation to s 51A(1), the prosecution must prove the accused knew, or wasreckless as to whether, the person was a health practitioner.In relation to s 51A(2) the prosecution also must prove the accused knew, or was reckless as towhether, the person was a health practitioner providing, or supporting the provision of, care ortreatment in the course of employment, self-employment or engagement. The mental state ofrecklessness could, it would appear, relate to either the person’s status as an employed etchealth practitioner, whether the person was providing etc care etc, or both the status andprovision of care etc.The requirement the person be a registered health practitioner is a matter of fact to be provedby the prosecution, it is not a part of the mental element of an accused to be proved by theprosecution. It is an interesting question whether an honest and reasonable belief by theaccused, that the person providing the care and treatment was not a registered healthpractitioner, would provide a defence. In the circumstances of a particular case such a beliefmight be a basis for the “defence” of defence of another and this would suggest a “defence”based on an honest and reasonable but mistaken belief is open. Such belief could feasiblyapply to the issue of the person being a health practitioner and whether they are registered butthe knowledge or recklessness as to the person being a health practitioner is, as noted, anelement of the offence. At the time of writing there were no cases on point.Often an accused’s intention will be inferred from the surrounding circumstances. See thediscussion of mens rea at [4.2.830].

SUMMARY OFFENCES ACT 1966 (ANNOTATED)s 51APT III – SUPPLEMENTARY[4.2.6480]


[4.2.6485] Definition of termsThe terms “health practitioner”, “registered health practitioner”, “hospital” and “hospitalpremises” are defined in s 51A(3). The definition of “hospital premises” is an inclusivedefinition and thus places not falling within those listed in the definition may nevertheless beconsidered on the facts of a particular case to be such that the accused is “on the hospitalpremises”.

[4.2.6490] HistorySee [4.2.6410] “History of ss 51, 51A and 52”.

52 Besetting premises

(1) [Repealed][Subs (1) rep Act 69 of 2014, s 15(2); am Act 37 of 2014, s 10 and Sch item 160.17(a); Act 43 of 2011, s 51(1);Act 12 of 1989, s 4 and Sch 2 item 115.12; Act 9554 of 1981, s 2 and Sch 2 item 339; Act 8085 of 1970, s 3]

(1A) Any person who together with others wilfully and without lawful authority besetsany premises, whether public or private, for the purpose and with the effect of obstructing,hindering, or impeding by an assemblage of persons the exercise by any person of anylawful right to enter, use, or leave such premises shall be guilty of an offence.Penalty: 15 penalty units or imprisonment for three months.[Subs (1A) am Act 9554 of 1981, s 2 and Sch 2 item 340; insrt Act 8085 of 1970, s 3]

(2) [Repealed][Subs (2) rep Act 69 of 2014, s 15(3); am Act 37 of 2014, s 10 and Sch item 160.17(b); Act 43 of 2011, s 51(2);Act 46 of 1998, s 7 and Sch 1]

[S 52 am Act 69 of 2014, s 15(1); Act 37 of 2014; Act 43 of 2011; Act 46 of 1998; Act 12 of 1989; Act 9554 of1981; Act 8085 of 1970]


Elements of the offence – s 52(1A) ....................................................................... [4.2.6530]Mens rea ................................................................................................................ [4.2.6540]History .................................................................................................................... [4.2.6570]Penalty ................................................................................................................... [4.2.6700]Besets .................................................................................................................... [4.2.6710]Purpose and with effect of etc ............................................................................... [4.2.6720]Recovery of damages ............................................................................................ [4.2.6730]

[4.2.6530] Elements of the offence – s 52(1A)The prosecution must prove that:

1. the offence occurred at the place and time alleged; and2. the offender was the accused; and3. the accused together with others wilfully and without lawful excuse beset premises

(either public or private); and2. the accused and others beset premises for the purpose of obstructing, hindering, or

impeding by assemblage of persons the lawful right of any person to enter, use orleave the premises; and

3. the accused and other person’s actions had the effect by the assemblage of persons ofso obstructing, hindering, or impeding the lawful right of any person to enter, use orleave the premises.



[4.2.6540] Mens reaAn offence under s 52(1A) is an offence which requires the prosecution to establish mens rea.The prosecution must establish that the accused beset the premises etc with the specificpurpose required by the section and that the defendant did so wilfully. It is also likely that theprosecution must establish that the defendant and at least two other persons had that intention.This follows from the phrase together with others wilfully at the opening of the section. Seethe discussion of mens rea at [4.2.830].

[4.2.6570] HistorySee [4.2.6410] “History of ss 51, 51A and 52”.

[4.2.6700] PenaltyIn determining the penalty the court is entitled to take into account the menace inherent in theincident.1

1 Symonds v Kochne [1946] SASR 77.

[4.2.6710] BesetsThe Concise Oxford Dictionary defines the word “beset” as meaning to hem in, set upon(person); occupy to make impassable (road etc). The offence created is one of besettingpremises and not one of besetting persons or places other than premises.

[4.2.6720] Purpose and with effect of etcThe intended purpose of the accused’s actions, in the company of at least two other persons,must be to obstruct, hinder or impede by an assemblage of persons, and this purpose must beeffective before an offence is committed. The effect of such assemblage must be such as to stopany person of any lawful right entering, using or leaving the premises concerned. Thesubsection only creates an offence when an assemblage of persons causes the obstructing,hindering, or impeding. A defendant may still have a defence to a charge laid under this sectionif he had “lawful authority” to act in the way described. As to the meaning of “obstructing,hindering or impeding”, see notes at [4.2.6440] “Assaulting, resisting, obstructing police etc”and [4.2.6450] “Acting in execution of duty”.

[4.2.6730] Recovery of damagesSee s 59 and notes. As to whether an award of damages under this section, and theiracceptance by the informant, is a bar to the institution of a subsequent action for damages, seeWright v London General Omnibus Co,1Birmingham Corp v Allsop2 and Morrison v Harris.3

1 Wright v London General Omnibus Co (1877) 2 QBD 271.2 Birmingham Corp v Allsop (1918) 85 LJKB 549.3 Morrison v Harris [1927] NZLR 407.

52A Offence to harass witnesses etc.A person must not harass a person because that person has taken part, is about to take

part or is taking part in a criminal proceeding in any court as a witness or in any othercapacity.Penalty: 120 penalty units or imprisonment for 12 months.[S 52A insrt Act 8 of 1991, s 17]


Elements of the offence ......................................................................................... [4.2.6760]Mens rea ................................................................................................................ [4.2.6770]

SUMMARY OFFENCES ACT 1966 (ANNOTATED)s 52APART III – SUPPLEMENTARY[4.2.6730]



1. the offence occurred at the place and time alleged; and2. the offender was the accused; and3. the accused harassed the named person; and4. the accused did so harass that person because they had taken part or were about to

take part in a criminal proceeding in a court as a witness or in any other capacity.

[4.2.6770] Mens reaAn offence under s 52A is an offence which requires the prosecution to establish mens rea. Theprosecution must establish that the accused harassed the named person because of theinvolvement, either past or future, of that person in a criminal proceeding. This necessarilyrequires the accused to have formed some link between their acts of harassment of the personand that person’s involvement in the criminal proceeding. It does not necessarily follow thatthe accused must make the subject of the harassment aware of the link, although to do sowould provide the evidence of intention required. See the discussion of mens rea at [4.2.830].A charge under s 52A is a related charge to the charges of attempting to pervert the course ofjustice and criminal contempt. It is not relevant that the motive of the accused is to deter thegiving of false evidence or to ensure that truth prevails. The gravamen of the offence is toharass the witness, or in the broader context of s 52A a person with some other role in thecriminal proceeding (that is, as magistrate, prosecutor, defence counsel, or clerk of the court).It is quite open, and proper, to use lawful means to deter a witness from giving false evidence.1

In s 52A the unlawful conduct is defined by “must not harass”. No doubt “harass” in thiscontext has a wide meaning. The definition of “harass” in the Australian Concise OxfordDictionary (2nd ed) is relevantly “trouble and annoy continually or repeatedly”. It has beenheld that a police officer threatening to charge a witness with perjury if they give evidence ofcertain matters, which the officer believes to be false, does amount to contempt.2 Theharassment may involve a threat to do an otherwise lawful act,3 but it is has been held it is themotive with which the threat to do the lawful act is made is what may convert it into conductthat tends to pervert the course of justice. Thus the mental state of the accused may be relevantto both the actus reus and the mens rea.4 However, under s 52A it is submitted that the purposeof the section appears to be to prevent harassment simpliciter regardless of the intended effect.If this is so, then once the conduct amounts to harassment and is relevantly connected in themind of the accused to the criminal proceeding the offence might be made out. See alsodiscussion of “Attempting to pervert the course of justice” at [1.9.230] ff.

1 Mathews v The Queen [1993] 2 Qd R 316; (1992) 64 A Crim R 305 at 321 (Qd R). See also R v McLachlan[1998] 2 VR 55; (1997) 93 A Crim R 557 per Byrne J.

2 R v McLachlan [1998] 2 VR 55; (1997) 93 A Crim R 557 per Byrne J and the cases cited therein.3 R v Toney [1993] 1 WLR 364; [1993] 2 All ER 409 at 370 (WLR); cf Meissner v The Queen (1995) 184 CLR

132; 69 ALJR 693; 80 A Crim R 308; 130 ALR 547 at 142–143 (CLR) per Brennan, Toohey and McHugh JJ andsee Byrne J’s analysis of the apparent conflict between Toney and Meissner in R v McLachlan [1998] 2 VR 55;(1997) 93 A Crim R 557 at 63 (VR) ff per Byrne J.

4 R v McLachlan [1998] 2 VR 55; (1997) 93 A Crim R 557 at 66 (VR) per Byrne J. In McLachlan it was the factthat the police officer was found to have made the threat to pursue the witness for perjury in order to advance thecase in which he was the informant (by attempting to frighten the witness into subscribing to his view of thefacts) that amounted to an improper purpose. Critically Byrne J concluded that the police officer’s purpose wasnot a lawful purpose nor a legitimate end (2 VR 55 at 66). Had the police officers predominant purpose been toprotect the process of justice or to protect the interest of the witness he may not have been found to haveperverted the course of justice, depending upon the way he went about his legitimate purpose. In McLachlanByrne J found, on the balance of probabilities, that the evidence intended to be given by the witness would befalse ( at 59).




formerly contained in Sch 6 of the Crimes Act 1958 provided rules concerning (inter alia) theforms of presentment, joinder of charges, the counts in a presentment, the statement of offencesin the alternative etc. Schedule 1 of the Criminal Procedure Act 2009 now sets out the rules forboth charge-sheets and indictments.

1 See McCarthy v Hannah [1913] VLR 145.

[4.2.7300] Charge-sheet: exceptions, exemptions, provisos, and so onSee discussion at [4.1.1915] “Evidential burden on defendant for exceptions” and s 72 of theCriminal Procedure Act 2009. Also see discussion of s 72 of the Criminal Procedure Act 2009at [5.11.4200].Section 72 of the Criminal Procedure Act 2009 applies to exceptions, exemptions, provisos,excuses or qualifications. Based on s 72 the accused must present or point to evidencesuggesting the reasonable possibility of facts that, if they existed, would establish the exceptionetc. If the accused does so, the prosecution must negate the existence exception beyondreasonable doubt. The exception etc need not be specified or negatived in the information orcomplaint; and whether so specified or negatived or not, no proof in relation to such exceptionetc, is required on the part of the informant unless the accused has presented or pointed toevidence suggesting the reasonable possibility of its existence (see s 72(2) of the CriminalProcedure Act 2009). This provision meets the decision in Morrison v Woodgate.1 The wordswithout reasonable cause in s 57 of the Police Offences Act 1916 (SA) which provides that anyperson who discharges any firearm without reasonable cause and so as to injure any person etc,do not constitute an exception or exemption which need not be specified in the complaint.2

Section 168 of the Magistrates (Summary Proceedings) Act 1975 (now repealed) cast on thedefendant the onus, not only of introducing evidence, but also of proving the issue itself, sothat if the matter was left in doubt the defendant failed.3

1 Morrison v Woodgate (1878) 4 VLR (L) 430. See Hartshorn v Ah Shang (1893) 19 VLR 119; Kelly v Hart[1910] AC 192; Shillinglaw v Roberts (1891) 17 VLR 136; Rider v Morris (1900) 26 VLR 396; sc Rider v Moore(1900) 6 ALR 247; R v Worthington [1921] VLR 660; Keogh (or McKeogh) v Pratt [1927] VLR 174; R v Scott(1922) 86 JP 69; Donoghue v Terry [1939] VLR 165; Melbourne v Merrett [1941] VLR 1; De La Rue v Matthews[1945] VLR 275; Everard v Opperman [1958] VR 389. See, however, Barritt v Baker (1948) VLR 491. See alsoPaley on Summary Convictions (9th ed), pp 324–327, 512–532.

2 Hayward v Whitbread [1966] SASR 1.3 Bell v Hyde [1939] VLR 300. See also Mayberry v McQuade (1895) 16 ALT 40.

[4.2.7310] Complicity - person involved in commission of offenceGenerally see discussion at [1.1.2890] “Complicity introduction” – [1.1.4050] “Withdrawal”and [1.1.4060] “The offence and the secondary party”. The Crimes Act 1958 defines “a personinvolved in the commission of an offence” and a person who is found to be involved in thecommission of the offence is taken to have committed the offence and liable to the maximumpenalty applicable to the offence.1 It applies to indictable and summary offences. The commonlaw of complicity in relation to aiding, abetting, counseling or procuring the commission of anoffence and of acting in concert, joint criminal enterprise and common is abolished.2 Under thenew provisions an accused may be liable where they are reckless as to the offence committedbeing different to the offence encouraged etc. The new provisions extend liability for groupactivity to where an accused foresees the probability, but not the possibility, another offencewill be committed. At the time of writing there were no cases discussing the new definition andprovisions.3

The following discussion is based on the common law and earlier enactments and applies tooffences committed before 1 November 2014. Every person who aids, abets, counsels orprocures the commission of any offence punishable on summary conviction is liable to beproceeded against and convicted for the same either together with the principal offender, orbefore or after his conviction, and is liable on conviction to the same forfeiture and punishmentas that to which the principal offender is liable. As to the two modes of charging aiders andabettors (1) as principals or (2) as aiders or abettors, see Archbold Criminal Pleading.4 As to

SUMMARY OFFENCES ACT 1966 (ANNOTATED)s 56PART III – SUPPLEMENTARY[4.2.7310]


who are aiders and abettors, see Walsh v Sainsbury5 and Du Cros v Lambourne.6 Where A isthe principal assailant, and B is aiding and abetting him in assaulting C, B may be chargedeither: (1) for that you did unlawfully assault C or (2) for that you did aid and abet A inunlawfully assaulting C. In either case, B may be convicted or acquitted irrespectively ofwhether A is convicted or acquitted.7 Where the principal offender is protected fromprosecution by a time limit, the aider cannot be prosecuted after the expiry of the time limit.8Since all persons concerned in a misdemeanour are principals, the acquittal of the personcharged as principal is no bar to the conviction of one charged as an aider and abettor in themisdemeanour. This is not so, where owing to the particular phrasing of a statute the aidercould not possibly be charged as a principal.9 A person may be convicted of aiding and abettinga limited company to commit an indictable offence, although the company itself is by law notliable to indictment.10 A buyer of liquor cannot be convicted of aiding and abetting the sellingof it.11 A conviction for aiding and abetting may be good though it does not mention the statutecreating the principal offence.12 In the case of a person charged before justices with an offence,where there is evidence of aiding and abetting though not of having committed the offence asa principal, the justices should not acquit him or her altogether without first deciding that he orshe was not an aider and abettor.13

1 Crimes Act 1958, s 324C. The amendments were introduced by Crimes Amendment (Abolition of DefensiveHomicide) Act 2014, s 6 and came into effect on 1 November 2014. The new provisions apply to offencescommitted on or after 1 November 2014, see Crimes Act 1958, s 623.

2 Crimes Act 1958, ss 323 and 324. The abolition of the common law of complicity was introduced by CrimesAmendment (Abolition of Defensive Homicide) Act 2014, s 6 and came into effect on 1 November 2014. Thecommon law of complicity will continue to apply to offences committed before 1 November 2014, see CrimesAct 1958, s 623.

3 The Explanatory Memorandum, Introduction Print, to the Crimes Amendment (Abolition of Defensive Homicide)Bill 2014, at pg 13, states the new “section 323(1)(b) extends liability in relation to aiding, abetting, counsellingand procuring at common law….. section 323(1)(d) extends liability for group activity …..”

4 Archbold, Criminal Pleading (40th ed, 1979) at [4123] ff.5 Walsh v Sainsbury (1925) 36 CLR 464.6 Du Cros v Lambourne [1907] 1 KB 40.7 Archbold, Criminal Pleading, and cases cited therein (particularly [4136]). See Osland v The Queen (1998) 197

CLR 316; 73 ALJR 173; 159 ALR 170.8 Gould & Co v Houghton [1921] 1 KB 509 at 515–516.9 Morris v Tolman [1923] 1 KB 166.

10 R v Daily Mirror Newspaper Ltd; R v Glover [1922] 2 KB 530; and see R v Ascanio Puck & Co (1912) 29 TLR11. See also Walsh v Sainsbury (1925) 36 CLR 464; Metropolitan Gas Co v Federated Gas Employees’Industrial Union (1924) 35 CLR 449; Brennan v The King (1936) 55 CLR 253; Richards v McPherson [1943]VLR 44; Blackmore v Linton [1961] VR 374.

11 R v Barry (1874) 5 AJR 124.12 R v Richards; Ex parte McDonald (1879) 5 VLR (L) 9.13 Canty v Ives (1913) 19 ALR 403. See also, generally: R v Lowery (No 2) [1972] VR 560; R v Jensen [1980] VR

194.

[4.2.7320] References• As to legal proceedings by municipalities generally, see Local Government Act 1989. See

also Health Act 1958, ss 421 ff.• As to prosecutions under the Liquor Control Reform Act 1998, see ss 134 to 137 for proof

of formal matters and see Proudfoot v Power.1

• As to the power of the court to authorise some other person to prosecute where theinformant neglects to prosecute an information or complaint, see s 57.

1 Proudfoot v Power [1905] VLR 610.

57 Neglect to prosecuteIf a person who has filed a charge-sheet charging an offence against this Act does not

appear at the hearing or declines or neglects to proceed upon or prosecute the charge the



court may authorize some other person to proceed upon or prosecute the charge or mayauthorize any other person to take proceedings.[S 57 am Act 68 of 2009, s 97 and Sch item 115.17; Act 57 of 1989, s 3 and Sch 190.33]


[4.2.7340] Neglect to prosecuteSee also [4.1.610] “Failure of informant to appear”.Section 328(c) of the Criminal Procedure Act 2009 provides that in a criminal proceeding aninformant who is a member of the police force may appear by way of a police prosecutor. It isalso possible for the informant to appear personally and to conduct the prosecution or to berepresented by a legal practitioner. This is now very unusual with nearly all prosecutions beingconducted on behalf of informants by police prosecutors. Section 79 of the Criminal ProcedureAct 2009 provides power for the court to dismiss the charge or adjourn the proceeding wherethe informant does not appear on the date the matter is listed for hearing.The right of audience in a court of petty sessions of the parties, and their respective counsel orsolicitors does not prevent the justices, in the exercise of their right to control their ownproceedings, from permitting any person to conduct the hearing on behalf of either party. Held:accordingly, that the justices might permit a senior constable to conduct the prosecution of aninformation although not laid by any officer of the police.1 The discretion a magistrate has inNew South Wales to permit a person to appear as advocate for another is an administrative andnot a judicial discretion and is not subject to review by prerogative writ.2

1 McGrath v Dobie (1890) 16 VLR 646, followed; Ritter v Charlton (1904) 29 VLR 558 (O’Sullivan v MacMahon(1896) 22 VLR 55, disapproved). See also comments of Starke and Dixon JJ in Posner v Collector for InterstateDestitute Persons (1946) 74 CLR 461; [1947] VLR 276; O’Toole v Scott [1965] AC 939; [1965] 2 WLR 1160;[1965] 2 All ER 240; (1965) 39 ALJR 15; 65 SR (NSW) 113; 82 WN (NSW) 342, adopting a similar view inrelation to s 70(2) of the Justices Act 1902 (NSW) (now repealed).

2 Re McKeowan; Ex parte Brodsky (1968) 88 WN (NSW) 295.

58 Accomplice [Repealed][S 58 rep Act 16 of 2004, s 56; am Act 8179 of 1971]




SUMMARY OFFENCES


59 ProcedureUnless otherwise expressly provided all charges for or in respect of offences against this

Act shall be heard and determined by the Magistrates’ Court.[S 59 am Act 57 of 1989, s 3 and Sch 190.34; Act 7876 of 1969, s 2]


General comments ................................................................................................. [4.2.7370]Unless otherwise expressly provided .................................................................... [4.2.7380]

[4.2.7370] General commentsSection 59 confers jurisdiction upon the Magistrates’ Court for all offences under this Act. TheCriminal Procedure Act 2009 provides the procedure for the conduct of summary matters. SeeCh 2.1 “Criminal Procedure” for the Criminal Procedure Act 2009 and Ch 4.1 “SummaryTrials”.

[4.2.7380] Unless otherwise expressly providedThe Children’s Court of Victoria – Section 516 of the Children, Youth and Families Act 2005sets out the jurisdiction of the Criminal Division of the Children’s Court including jurisdictionfor all summary offences against children.Section 344 of the Children, Youth and Families Act 2005 expressly provides that it isconclusively presumed a child under the age of 10 years cannot commit an offence. TheChildren, Youth and Families Act 2005 does not affect the presumption that a child between theages of seven and 14 years is doli incapax or incapable of crime.1

1 McDonald v Lucas [1922] VLR 47. See discussion of doli incapax at [CYFA.344.60].

60 Offences of more serious nature not to be dealt with under this ActIf the Magistrates’ Court is of the opinion that an offence against this Act alleged before

it does not properly come within the meaning and intention of this Act but that an offence ofa more serious or heinous kind has been committed the court may refuse to entertain or tofurther entertain the charge and may proceed as if the more serious or more heinous offencehad been charged in the charge-sheet before the court whether the person charged has or hasnot pleaded thereto.[S 60 am Act 68 of 2009, s 97 and Sch item 115.18; Act 57 of 1989, s 3 and Sch 190.35; Act 7876 of 1969, s 2]


[4.2.7510] Offences of a more serious or heinous kindMany of the acts and omissions constituted offences under this Act are also indictable offencesat common law or by statute.1 Rules to be observed with respect to the hearing anddetermination of indictable offences authorised by Act of Parliament to be dealt withsummarily: Criminal Procedure Act 2009. As to power of the Magistrates’ Court and bail



justices to adjourn and remand etc in the case of indictable offences triable summarily, seeCriminal Procedure Act 2009. As to what is a conviction for an indictable offence see s 3 ofthe Criminal Procedure Act 2009.Where upon the hearing of a charge of unlawful possession, sufficient evidence is adduced onwhich to found a charge of larceny, the court should not dismiss the charge simpliciter butshould proceed to investigate the more serious offence.2

1 See, for example, ss 4, 17 and 23.2 Fisher v McGee [1947] VLR 324.

60AA Power to serve infringement notice

(1) A police officer may serve an infringement notice on any person that he or she hasreason to believe has committed an offence against section 6, 13, 14, 17A or 18.Note: Section 6 deals with persons who are in a public place and are directed to move on. Section 13 deals withpersons who are found drunk in a public place.

Section 14 deals with persons who are drunk and disorderly in a public place.

Section 17A deals with disorderly behaviour by a person in a public place.

Section 18 deals with offensive behaviour by a person in a motor vehicle in a declared area.

[Subs (1) am Act 37 of 2014, s 10 and Sch item 160.18; Act 92 of 2009, s 7(1) and (2); insrt Act 9 of 2008, s 9(1)]

(1A) A police officer may serve an infringement notice on any person that he or she hasreason to believe has committed an offence against sections—

(a) [Repealed](b) section 17(1)(c)(c) section 17(1)(d)

[Subs (1A) am Act 37 of 2014, s 10 and Sch item 160.18; Act 27 of 2011, s 6(1); Act 21 of 2008, s 28; insrt Act9 of 2008, s 9(1)]

(1AB) A protective services officer may serve an infringement notice on any person whohe or she has reason to believe has committed at or in the vicinity of a designated place anoffence against—

(a) section 6, 13, 14, or 17A; or(b) section 17(1)(c) or (1)(d).

[Subs (1AB) insrt Act 43 of 2011, s 54(1)]

(1B) An infringement notice under subsection (1A) or (1AB)(b) must not be served on aperson who is under 18 years of age at the time of the alleged offence.[Subs (1B) am Act 43 of 2011, s 54(2); insrt Act 9 of 2008, s 9(1)]

(2) An offence referred to in subsection (1) or (1A) for which an infringement noticemay be served is an infringement offence within the meaning of the Infringements Act 2006.[Subs (2) am Act 9 of 2008, s 9(2); subst Act 32 of 2006, s 94 and Sch item 46]

(3) Despite subsection (1), an infringement notice cannot be served on a person for analleged offence against—

(a) section 14, if an infringement notice has been served on that person for an allegedoffence against section 17A arising out of the same incident;

(b) section 17A, if an infringement notice has been served on that person for analleged offence against section 14 arising out of the same incident.


[S 60AA am Act 37 of 2014; Act 43 of 2011; Act 27 of 2011; Act 92 of 2009; Act 21 of 2008; Act 9 of 2008; Act32 of 2006; insrt Act 33 of 2003, s 4]

s 60AA SUMMARY OFFENCES [4.2.7510]


60AB Infringement penalty

(1) The amount payable for an alleged offence for which an infringement notice may beserved is 1 penalty unit.

(2) Despite subsection (1)—(a) the infringement penalty for an alleged offence against section 17(1)(c) for which

an infringement notice may be served is 2 penalty units; and(b) the infringement penalty for an alleged offence against section 17(1)(d) for which

an infringement notice may be served is 4 penalty units.[Subs (2) am Act 27 of 2011, s 6(2); subst Act 18 of 2010, s 53; insrt Act 9 of 2008, s 9(3)]

(3) Despite subsection (1) the infringement penalty for an alleged offence againstsection 6 for which an infringement notice may be served is 2 penalty units.[Subs (3) subst Act 18 of 2010, s 53; insrt Act 92 of 2009, s 8]

(4) Despite subsection (1) the infringement penalty for an alleged offence againstsection 13 or 17A for which an infringement notice may be served is 4 penalty units.[Subs (4) am Act 12 of 2011, s 10(1); insrt Act 18 of 2010, s 53]

(5) Despite subsection (1) the infringement penalty for an alleged offence againstsection 14 for which an infringement notice may be served is—

(a) 5 penalty units; or(b) in the case of—

(i) a person who has within the previous 3 years been served with aninfringement notice under section 60AA in respect of an allegedoffence against section 14 (whether or not the infringement penalty setout in the notice has been paid)—10 penalty units; or

(ii) a person who has been convicted of an offence against section 14—10penalty units.


[S 60AB am Act 27 of 2011; Act 12 of 2011; Act 18 of 2010; Act 92 of 2009; Act 9 of 2008; subst Act 32 of 2006,s 94 and Sch item 46; insrt Act 33 of 2003, s 4]

60AC Partial exclusion of the operation of the expiation principleTo the extent necessary to give effect to section 60AB(5)(b), sections 32 and 33 of the

Infringements Act 2006 do not apply.[S 60AC reinsrt Act 12 of 2011, s 11; rep Act 32 of 2006, s 94 and Sch item 46; insrt Act 33 of 2003, s 4]

60AD Withdrawal of notice [Repealed][S 60AD rep Act 32 of 2006, s 94 and Sch item 46; insrt Act 33 of 2003, s 4]

60AE Payment expiates offence [Repealed][S 60AE rep Act 32 of 2006, s 94 and Sch item 46; insrt Act 33 of 2003, s 4]

60AF Payment not to have certain consequences [Repealed][S 60AF rep Act 32 of 2006, s 94 and Sch item 46; insrt Act 33 of 2003, s 4]

60AG Prosecution after service of infringement notice [Repealed][S 60AG rep Act 32 of 2006, s 94 and Sch item 46; insrt Act 33 of 2003, s 4]

60AH Enforcement of infringement penalty [Repealed][S 60AH rep Act 32 of 2006, s 94 and Sch item 46; insrt Act 33 of 2003, s 4]

60A Forfeiture of weapons or instruments

SUMMARY OFFENCES ACT 1966 (ANNOTATED)s 60APART III – SUPPLEMENTARY[4.2.7510]


A court that convicts a person of an offence under section 24(2) may order that theweapon or instrument be forfeited to Her Majesty and be sold or destroyed as specified inthe order.[S 60A am Act 24 of 1990, s 15; insrt Act 101 of 1986, s 60]

61 Proceeds of sale of forfeited property to be paid to Consolidated FundThe proceeds of the sale of any property forfeited to Her Majesty under the provisions of

this Act shall be paid into and form part of the Consolidated Fund.[S 61 am Act 9902 of 1983, s 2 and Sch item 236]


[4.2.7550] Forfeited property and moneyCompare s 33. See also W Paul, “Forfeiture on Conviction” (1941) 14 ALJ 310.

62 Transitional provisions

(1) If on the commencement of section 55 of the Law and Justice LegislationAmendment Act 1997, section 57 of the Children’s Services Act 1996 is not in operation,Schedule 1 to this Act has effect, until that section comes into operation, as if item 2 of thatSchedule referred to a children’s service centre within the meaning of Part XIA of theHealth Act 1958 that directly receives any financial assistance from the State.

(2) Section 53 as amended by section 5 of the Summary Offences (Amendment) Act 1998applies only to offences committed after the commencement of that Act.[Subs (2) insrt Act 8 of 1998, s 6]

(3) The amendment of section 53(6A) made by section 6(1) of the Sentencing(Emergency Service Costs) Act 2001 applies only to offences against section 53 alleged tohave been committed on or after the commencement of the Sentencing (Emergency ServiceCosts) Act 2001.[Subs (3) insrt Act 80 of 2001, s 6]

(4) For the purposes of subsection (3), if an offence is alleged to have been committedbetween two dates, one before and one after the commencement of the Sentencing(Emergency Service Costs) Act 2001, the offence is alleged to have been committed beforethat commencement.[Subs (4) insrt Act 80 of 2001, s 6]

(5) Section 42 as amended by section 3(1) of the Summary Offences Amendment(Tattooing and Body Piercing) Act 2008 applies only to offences alleged to have beencommitted on or after the commencement of section 3(1) of that Act.[Subs (5) insrt Act 49 of 2008, s 5]

(6) For the purposes of subsection (5), if an offence is alleged to have been committedbetween two dates, one before and one after the commencement of section 3(1) of theSummary Offences Amendment (Tattooing and Body Piercing) Act 2008, the offence isalleged to have been committed before that commencement.[Subs (6) insrt Act 49 of 2008, s 5]



(7) Section 53 as amended by section 436 of the Criminal Procedure Act 2009 applies toan offence alleged to have been committed on or after the commencement of section 436 ofthat Act.[Subs (7) insrt Act 68 of 2009, s 97 and Sch item 115.19]

(8) For the purposes of subsection (7), if an offence is alleged to have been committedbetween two dates, one before and one on or after the commencement of section 436 of theCriminal Procedure Act 2009, the offence is alleged to have been committed before thatcommencement.[Subs (8) insrt Act 68 of 2009, s 97 and Sch item 115.19]

(9) This Act, as amended by section 5 of the Summary Offences and SentencingAmendment Act 2014, applies in respect of a direction given under section 6 on or after thecommencement of that Act.[Subs (9) insrt Act 15 of 2014, s 6]

(10) Section 6A as in force immediately before its repeal by the Summary OffencesAmendment (Move-on Laws) Act 2015 continues to apply in respect of an arrest made underthat section before the commencement of the Summary Offences Amendment (Move-onLaws) Act 2015.[Subs (10) insrt Act 6 of 2015, s 8]

(11) An exclusion order made under Division 1B of Part I and in effect immediatelybefore the commencement of the Summary Offences Amendment (Move-on Laws) Act 2015ceases to have effect on that commencement.[Subs (11) insrt Act 6 of 2015, s 8]

(12) On the commencement of the Summary Offences Amendment (Move-on Laws) Act2015, the Chief Commissioner of Police is not required to provide to the Minister a reportunder section 6J (as in force immediately before its repeal) in respect of the period duringwhich section 6J was in force.[Subs (12) insrt Act 6 of 2015, s 8]

[S 62 am Act 6 of 2015; Act 15 of 2014; Act 68 of 2009; Act 49 of 2008; Act 80 of 2001; Act 8 of 1998, s 6;reinsrt Act 44 of 1997, s 54; rep Act 10012 of 1983, s 3; am Act 9902 of 1983; Act 7967 of 1970]

63 Savings and validation provision—Summary Offences and Control ofWeapons Acts Amendment Act 2009—lodgeable infringement offences

(1) Despite anything to the contrary in the Infringements Act 2006, on and from16 December 2009, an offence against section 6, 13, 14 or 17A which is an infringementoffence within the meaning of that Act—

(a) is taken to be, and to always have been, a lodgeable infringement offence withinthe meaning of that Act as if it had been prescribed as a lodgeable infringementoffence by regulations made under that Act; and

(b) may be dealt with as a lodgeable infringement offence under that Act.

(2) Any lodgement under Part 4 of the Infringements Act 2006 and any enforcementaction taken under that Act in respect of an infringement offence referred to insubsection (1) is taken to be, and to always have been, a valid and lawful lodgement orenforcement action under that Act, as the case requires, to the extent that the lodgement orenforcement action was taken on the basis that the infringement offence was a lodgeableinfringement offence.[S 63 reinsrt Act 27 of 2011, s 7; rep Act 9554 of 1981, s 2 and Sch 1 item 16 (am Act 9902 of 1983)]




SUMMARY OFFENCES


offender-movements or sounds or both; knowledge or appreciation that something isapparently being done or attempted by another; a realization that the probable consequenceof what he, the offender, is doing will be to impede or obstruct the other person’s acts orattempted acts; and an actual impeding or obstruction of the other person’s acts orattempted acts in consequence of what the alleged offender did.

Where the Act in question does not define the terms “hinder” and “obstruct”, as is the casewith the RSA, assistance has been found in dictionary definitions:7

Dictionary definitions of “hinder” include–impede; delay; prevent.[Oxford]

1. to check; interrupt; retard …2. to prevent from acting or taking place; stop …

[Macquarie]Dictionary definitions of the word “obstruct” include–

1. block up; make hard or impossible to pass.2. prevent or retard the progress of; impede.

[Oxford]1. to block or close up (a way, road, channel, etc).2. to make difficult or oppose the passage, progress, course, etc, of.3. to come in the way of or shut out (a view, etc).

[Macquarie]“Impede” appears as a meaning attributed to both “obstruct” and “hinder”. “Impede” itselfconnotes inter alia – “to slow down in movement or progress; obstruct; hinder; hamper”.There is clearly overlapping in the natural meanings of “obstruct”, “hinder” and “impede”.

Caution must be exercised when relying on cases dealing with other legislation and themeaning of the terms considered in their context within the RSA.

1 Hayward-Jackson v Mason-Walshaw (2012) 223 A Crim R 489; [2012] WASC 107 at [20], per Heenan J and seecase cited therein.

2 Bombala Council v Smith [2005] NSWSC 382 at [24].3 Hinchcliffe v Sheldon [1955] 1 WLR 1207; [1955] 3 All ER 406.4 Carmichael v McGowan [1967] WAR 11. See also Hayward-Jackson v Mason-Walshaw (2012) 223 A Crim R

489; [2012] WASC 107.5 Towse v Bradley (1985) 73 FLR 341; 14 A Crim R 408; 60 ACTR 1 at 412 (A Crim R). See discussion of these

issues in the context of the Summary Offences Act 1966 at [4.2.6440] “Assaulting, resisting, obstructing policeetc”.

6 Leonard v Morris (1975) 10 SASR 528 at 542, per Wells J. The offence in issues was the offence created byPolice Offences Act 1953, s 6(2) (SA).

7 Bombala Council v Smith [2005] NSWSC 382 at [19]–[21], per Malpass M.

[4.8.3096] Honest and reasonable but mistaken beliefOn a charge of hindering or resisting a police officer the prosecution is not required to provethe accused person knew the person they hindered or resisted was a police and was acting inthe execution of their duty.1 This approach appears applicable to an offence under s 55(9D).A “defence” based on an honest and reasonable but mistaken belief of fact is available on acharge of hindering or obstructing a police officer in execution of their duty. However, given itis not an element of the offence to prove the accused knew the person was a registered medicalpractitioner/approved health professional nor that the person was attempting to take a bloodsample in accordance with s 55(9A) the mistake of fact cannot be based on these matters, as towhich see [4.8.3093] “Mens rea – s 55(9D) offence”. Generally whether the person attemptingto take the blood sample is acting in accordance with s 55(9A) is a matter of law not fact. Themistake must be such that if the fact relied upon were true, the conduct would not have beencriminal.2

ROAD SAFETY ACT 1986s 55PART 5 – OFFENCES INVOLVING ALCOHOL OR OTHER DRUGS[4.8.3096]


Whilst referred to as a “defence” once the accused points to or raises evidence which ifaccepted would give rise to the fact relied on, it is for the prosecution to prove it was not thehonest, reasonable or actual belief of the accused at the time of the alleged offence.3 It must beall three.It has been held the question of an honest and reasonable mistake of fact may overlap withissues arising from the definition of “hinder” (or “resist” in Semaan v Poidevin). Held inSemaan v Poidevin:4

Motive is a question of fact. If an accused had an honest and reasonable mistaken belief asto the motive or reason for the action, which belief, if true, would have rendered the actioninnocent, the accused is not guilty. It is for the prosecutor to disprove the mistake. Often,but not always, the reason or motive for an officer’s conduct will be critical in determiningwhether the exercise of power is within or outside the exercise of an officer’s duty. Becausethe High Court has determined (R v Reynhoudt (1962) 107 CLR 381; 36 ALJR 26) that theprosecutor does not have to prove that an accused knows that the conduct was in executionof the officer’s duty, a mistake of fact as to motive/reason, of itself, although honest andreasonable, will not give rise to a “defence”. Rather, there must be a justification for theconduct said to amount to assault, resist or hinder [eg defence of self or another (s 418 ofthe Crimes Act 1958); entitlement to assert the right to possess one’s own property(Mr Semaan); or to ensure one’s property is not being used for the commission of a felony(the bar attendant)], which, when considered with the honest and reasonable mistaken beliefas to the reason for the officer’s conduct, gives rise to a “defence”.

If this approach is adopted, in the context of s 55(9D) of the RSA:• if the accused person held an honest and reasonable mistaken belief as to the motive of the

person they are alleged to have hindered, the registered medical practitioner/approvedhealth professional; and

• the motive if true would make the accused person’s action innocent; and• there is a justification for the accused person’s conduct, for example to prevent an assault by

the registered medical practitioner/approved health professional on the person from whomthe blood sample was to be taken

then they are not guilty.The approach adopted by Rothman J in Semaan v Poidevin, whilst it has its attractions giventhe criticism of the approach of the majority in R v Reynhoudt,5 must be treated with significantcaution. It would appear to introduce an additional requirement, “justification”, to the test ofhonest and reasonable mistake of fact which historically has not been a requirement.Rothman J would not have found Mr Semaan satisfied the test without the additional factor of“justification”. Even if Rothman J’s approach is accepted as authority for the concept ofjustification, there is still the question of the role, if any, of the indemnity provided to theregistered medical practitioner/approved health professional pursuant to s 55(9E). Does theindemnity mean there could be no assault, and thus no basis for a justification, or does it meanthat what would otherwise be an assault is the subject of a legal shield leaving the assault as abasis for justification? On appeal by the informant against Rothman J’s decision the NewSouth Wales Court of Appeal allowed the appeal on the basis the issue of honest andreasonable mistake of fact had not been raised and Mr Semaan had not adduced evidence as tohis alleged mistaken belief in the case before the magistrate, thus there was no error law by themagistrate in failing to consider the issue.6 The New South Wales Court of Appeal did notconsider or address in anyway the requirement of “justification” adopted by Rothman J.

1 R v Reynhoudt (1962) 107 CLR 381; 36 ALJR 26. The decision of the majority in Reynhoudt, Taylor, Menziesand Owen JJ, has been the subject of significant criticism but remains binding. For example see Leonard vMorris (1975) 10 SASR 528 at 530, per Bray CJ and Semaan v Poidevin [2013] NSWSC 226 at [52]–[63], perRothman J.

2 Proudman v Dayman (1941) 67 CLR 536.3 He Kaw Teh v The Queen (1985) 157 CLR 523; 59 ALJR 620; 15 A Crim R 203; 60 ALR 449.4 Semaan v Poidevin [2013] NSWSC 226 at [76], per Rothman J.5 R v Reynhoudt (1962) 107 CLR 381; 36 ALJR 26.

ROAD SAFETYs 55 ROAD SAFETY ACT 1986 [4.8.3096]


“allow” – s 56(2) ..................................................................................................... [4.8.3275]Honest and reasonable mistake of fact – s 56(2) ................................................. [4.8.3280]Matters of proof – s 56(2) offence ......................................................................... [4.8.3285]Subsection (2) does not apply – limitations imposed by s 56(4) .......................... [4.8.3290]Wording of charge – s 56(2) .................................................................................. [4.8.3295]Penalties for s 56(2) offence ................................................................................. [4.8.3300]Elements of the offence – s 56(7) ......................................................................... [4.8.3305]Mens rea – s 56(7) offence ................................................................................... [4.8.3310]Matters of proof – s 56(7) offence ......................................................................... [4.8.3315]“Hindered or obstructed” ........................................................................................ [4.8.3320]Honest and reasonable but mistaken belief – s 56(7) .......................................... [4.8.3325]“attempting to take a sample” ................................................................................ [4.8.3330]Wording of charge – s 56(7) .................................................................................. [4.8.3335]Penalties for s 56(7) offence ................................................................................. [4.8.3340]

[4.8.3230] General matters – s 56A blood sample may be obtained in various circumstances under Pt 5 of the RSA. Section 56deals with circumstances where a person of 15 years or more enters or is brought to a place forexamination or treatment as a consequence of an accident involving a motor vehicle. Any suchperson comes within the requirements of s 56 regardless of whether they are a person who wasthe driver of person in charge of a motor vehicle. It applies to pedestrians, passengers, cyclistsetc.There is a significant similarity between some aspects of s 56 to other provisions in Pt 5. Thisis particularly the case for the offence created by s 56(7) To avoid unnecessary repetition muchof the commentary on s 56 will be by cross-reference to the commentary on other sections inPt 5 and the general commentary on s 49.Reference should be made as appropriate to [4.8.2359] “Blood sample – triggers andprocedure”; [4.8.2353] “Triggers for taking sample for analysis”; [4.8.2354] “Requirement toprovide sample for analysis or undergo assessment”.See also [4.8.2361] “Refuse – general matters”; [4.8.2362] “Refuse – restrict liberty to extentnecessary and reasonable”; [4.8.2363] “Refuse – a valid requirement”; [4.8.2364] “Refuse –conscious, voluntary and willed act”.

[4.8.3235] “doctor or approved health professional”Generally Pt 5 uses the phrase “registered medical practitioner or approved healthprofessional” where blood and urine samples are to be obtained. These terms are defined ins 3(1) and see [4.8.820] “registered medical practitioner”. The term “doctor” is defined bys 56(1) to include a police surgeon as well as a “registered medical practitioner”. Byparagraph (b) of the definition of “approved health professional” in s 3(1) and the powercontained in s 3(4) a person approved in writing by the Director of the Victorian Institute ofForensic Medicine may also take a blood sample for the purposes of Pt 5.

[4.8.3240] Obligation on doctor or approved health professionalThis provision requires a person of or over the age of 15 years who enters or is brought to aplace for examination or treatment in consequence of an accident (whether within Victoria ornot) involving a motor vehicle to allow a blood sample to be taken. However, there appears tobe no reciprocal legal obligation on treating medical officers to take blood samples for thepurposes of Pt 5 of the Act. See discussion of legislative history of s 56(2) and (7) at[4.8.2302] “Effect of s 48(2)(b) and (c)”.See also s 56(9).

[4.8.3245] “place”Section 56 of the Act was amended by the Road Safety (Amendment) Act 1995 to deletereferences to a designated place and the definition of a designated place. There has been nosubsequent judicial interpretation of “place”. However, it is arguable that it now includes any

ROAD SAFETY ACT 1986s 56PART 5 – OFFENCES INVOLVING ALCOHOL OR OTHER DRUGS[4.8.3245]


place attended by the accused where medical treatment is available unless the accused isexcluded under the provisions of s 56(4) of the Act.It may also extend to a place where the person is able to be examined by an approved healthprofessional, even though treatment may not be available at that place. Given the person mustbe brought to the place for examination or treatment it does not appear that treatment must beavailable necessarily at the place.It is unlikely s 56 includes examination and treatment by an ambulance officer. The definitionof health service contained in the Health Practitioner Regulation National Law (Victoria) Act2009 includes ambulance services.1 Whilst an ambulance officer does not appear to be an“approved health professional” as defined in s 3(1) of the RSA, they are a health serviceprovider within the national law. In the ordinary course of their work an ambulance officerprovides both examination and a level of treatment. However, if they are not an approvedhealth professional as defined then they are not entitled to take a blood sample under s 56.There are strong public policy arguments in favour of not requiring ambulance officers to takea blood sample for analysis pursuant to s 56 and in the circumstances it is unlikely they comewithin s 56.

1 See Schedule “Health Practitioner Regulation National Law” contained in the Appendix to the HealthPractitioner Regulation National Law (Victoria) Act 2009.

[4.8.3250] “accident”See [4.8.2331] “accident”.

[4.8.3255] Limitation on evidenceEvidence of the taking of a sample under s 56, the analysis of the sample and the result of theanalysis must not be used in evidence in legal proceedings other than as provided by s 56(6)and may be given to the specified agencies only for the purposes specified. The onlyenforcement provision to support these limitations would appear to be those provided by s 58Bwith respect to prohibited analysis, including DNA analysis. See [4.8.3260] “TransportAccident Commission”.

[4.8.3260] Transport Accident CommissionSections 39 and 40 of the Transport Accident Act 1986 provide for circumstances in which theTransport Accident Commission is not liable to pay compensation under this Act or thecompensation may be reduced. This includes claims by persons who were driving a motorvehicle at the time of the accident and convicted of an offence against s 49(1) in relation to thatdriving. In some circumstances an onus is placed the applicant for compensation to satisfy theCommission the concentration of alcohol in the blood or breath of the person did notcontribute in any way to the transport accident.

[4.8.3265] Elements of the offence – s 56(2)The prosecution must prove beyond reasonable doubt:• the accused is correctly identified as the alleged offender; and• the accused was of or over 15 years; and• the accused entered or was brought to a place for examination or treatment; and• the examination or treatment was a consequence of an accident, whether in Victoria or not,

involving a motor vehicle; and• the accused did not allow at that place a doctor/approved health professional to take a

sample of his/her blood for analysis;The offence created by s 56(2) does not apply if any of the circumstances set out in s 56(4).See [4.8.3290] “Subsection (2) does not apply – limitations imposed by s 56(4)”

[4.8.3270] Mens rea – s 56(2) offenceThe offence created by s 56(2) is a strict liability offence.1 There is no question of the persongiving consent to the blood sample being taken. Held:2

ROAD SAFETYs 56 ROAD SAFETY ACT 1986 [4.8.3245]



Date ofcommencement

Road Safety (General)Regulations 2009

115 of 2009 9 Nov 2009

This legislation has been amended as follows:



Date ofcommencement

Road Safety (General)Amendment (PrescribedOffences) Regulations 2015

9 of 2015 Reg 3: 17 Feb2015

Road Safety (General)Amendment (Application ofFees) Regulations 2015

62 of 2015 Regs 4 and 5:20 Jun 2015

Road Safety (TraffıcManagement) and (General)Amendment (Stock Crossings)Regulations 2015

85 of 2015 Pt 3: 1 Jul 2015

Road Safety (General)Amendment (Lane Filtering)Regulations 2015

121 of 2015 Regs 4 and 5:2 Nov 2015

Road Safety (General)Amendment Regulations 2016

12 of 2016 Regs 5–12:18 Mar 2016

Road Safety (Drivers) and(General) AmendmentRegulations 2016

24 of 2016 Pt 3: 15 Apr2016

Road Safety (General)Amendment (Electric PersonalTransporters Trial) Regulations2016

99 of 2016 Reg 4: 9 Aug2016

Road Safety (General)Amendment (Portable WeighingDevices) Regulations 2016

100 of 2016 Regs 5–7:1 Sep 2016


ROAD SAFETY (GENERAL) REGULATIONS 2009


ROAD SAFETYROAD SAFETY REGULATIONS


PART 5 – EVIDENCE RELATING TO MASS OFVEHICLES

60 Prescribed portable weighing devicesA portable weighing device is a prescribed device for the purposes of section 82 of the

Act.

61 Testing of portable weighing devices

(1) For the purposes of section 82 of the Act, a portable weighing device is tested in theprescribed manner if—

(a) the load applied for the purposes of testing a portable weighing device is onetonne or more for a single device and 2 tonnes or more for a pair of devices; and

(b) a person authorised by the Corporation under subregulation (5) is satisfied thatthe device operates within the limits of error in regulation 62; and

(c) in the case of portable weighing devices tested in pairs—(i) each device so tested is used only with the other device with which it

was tested; and(ii) the prescribed limit of error is calculated on the sum of the readings of

the two devices; and(iii) the devices so tested are either passed or failed together.

[Subreg (1) am SR 100 of 2016, reg 5(1)]

(2) A portable weighing device must be tested by a person authorised by the Corporationunder subregulation (5)—

(a) before it is first used; and(b) at least once every 12 months after it is first used.


(3) The person who carried out the test under subregulation (1) must ensure that full andaccurate records of all portable weighing devices tested are kept for at least 7 years,including—

(a) the identification number of each device; and(b) the date on which the test was carried out; and(c) the results of the test.


(4) The records of the test must be signed by the person who carried out the test.

(5) For the purposes of this regulation, the Corporation may authorise in writing asuitably qualified person to test a portable weighing device.[Subreg (5) insrt SR 100 of 2016, reg 5(4)]

[Reg 61 am SR 100 of 2016]

62 Prescribed limits of error for portable weighing devicesThe prescribed limit of error for a portable weighing device for the purposes of

section 82 of the Act is not more than 2 per cent greater than or less than the weight atwhich calibration is effected.

63 Sealing of portable weighing devices

ROAD SAFETY (GENERAL) REGULATIONS 2009reg 63PART 5 – EVIDENCE RELATING TO MASS OF VEHICLES


(1) For the purposes of section 82 of the Act, a portable weighing device is sealed in theprescribed manner if—

(a) the device has been tested in accordance with regulations 61 and 62 and thedevice has satisfied the test requirements; and

(b) the device is sealed by the person who carried out the test; and(c) the device is sealed with a seal which effectively prevents interference with the

mechanism or circuitry of the device without breaking the seal.

(2) The person who carried out the test under regulation 61(1) must ensure that full andaccurate records of all portable weighing devices sealed are kept for at least 7 years,including—

(a) the identification number of each device sealed; and(b) the date on which the device was sealed; and(c) the manner in which the device was sealed.

[Subreg (2) am SR 100 of 2016, reg 6]

(3) The records in subregulation (2) must be signed by the person who sealed the device.

(4) If, at any time after a portable weighing device is sealed, a repair, alteration oradjustment (other than setting the reading to zero) is made to its mechanism or circuitry, thedevice must be tested again in accordance with regulation 61 and sealed again inaccordance with this regulation.[Reg 63 am SR 100 of 2016]

64 Use of portable weighing devicesA portable weighing device is used in the prescribed manner for the purposes of

section 82 of the Act if—(a) to ascertain the mass carried on a single axle—

(i) the device is placed under each of any 2 tyres on the axle so that thewhole mass borne by the axle is borne by or on the device; and

(ii) the reading on the device used to ascertain the mass is taken while theaxle load is borne by the device; and

(iii) in the case of more than one device being used to ascertain the mass,the mass carried on the axle is calculated as the sum of the readings ofeach of the devices; and

(b) to ascertain the mass carried on a group of axles, the mass carried on the axles iscalculated as the sum of the mass carried on the axles comprising the group.

65 Certificate as to testing and sealing portable weighing devices

(1) For the purposes of section 83 of the Act, a certificate in relation to the testing andsealing of a portable weighing device is in the prescribed form if it is in the form set out inSchedule 3.

(2) A person authorised by the Corporation under regulation 61(5) who tests and sealsportable weighing devices is authorised to sign a certificate for the purposes of section 83 ofthe Act.[Subreg (2) am SR 100 of 2016, reg 7]

[Reg 65 am SR 100 of 2016]

66 Interference with portable weighing deviceA person must not, without reasonable excuse, wilfully interfere with the mechanism or

circuitry of a portable weighing device or the seal affixed to such a device.

ROAD SAFETYreg 63 ROAD SAFETY REGULATIONS


Penalty: 5 penalty units.


ROAD SAFETY (GENERAL) REGULATIONS 2009reg 66PART 5 – EVIDENCE RELATING TO MASS OF VEHICLES


Schedule 7 – Traffic InfringementsRegulations 73, 74

In this Schedule—

RS(D)R means the Road Safety (Drivers) Regulations 2009;

RS(TM)R means the Road Safety (Traffıc Management) Regulations 2009;[Def insrt SR 130 of 2009, reg 6]

RS(V)R means the Road Safety (Vehicles) Regulations 2009;[Def insrt SR 130 of 2009, reg 6]

RR means the Road Safety Road Rules 2009;

RSA means the Road Safety Act 1986;

TA [Repealed][Def rep SR 134 of 2010, reg 7(1)]

TCMA means the Transport (Compliance and Miscellaneous) Act 1983.[Def insrt SR 134 of 2010, reg 7(1)]

ItemNo.

Code Summary of infringementoffence

Prescribedinfringementoffence

Infringementpenalty

Col-umn 1

Col-umn 2

Column 3 Column 4 Column 5

Heavy Vehicles

1 1935 Exceed speed limit in a heavyvehicle by less than 10 kmper hour (natural person)

RR 20 1.75 penaltyunits

1A 1955 Exceed speed limit in a heavyvehicle by less than 10 kmper hour (body corporate)

RR 20 20 penaltyunits

2 1936 Exceed speed limit in a heavyvehicle by 10 km per hour ormore but less than 15 km perhour (natural person)


2A 1956 Exceed speed limit in a heavyvehicle by 10 km per hour ormore but less than 15 km perhour (body corporate)



RR 20 4 penalty units

ROAD SAFETY (GENERAL) REGULATIONS 2009TRAFFIC INFRINGEMENTSSchedule 7


ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2













RSA 65B 8.5 penaltyunits


RSA 65B 20 penaltyunits



ROAD SAFETYROAD SAFETY REGULATIONS Schedule 7


ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2




8 1942 Exceed speed limit in a heavyvehicle by 45 km per hour ormore (natural person)

RSA 65B 11.5 penaltyunits

8A 1962 Exceed speed limit in a heavyvehicle by 45 km per hour ormore (body corporate)


9 2161 Fail to carry, use or permitinspection of portablewarning triangles

RR 226(1),(2), 227(2) and(3)

1 penalty unit

9A 2179 Class O vehicle fail tocomply with Schedulerequirements other thandimension requirements

RS(V)R182(1), 182(2),182(3),

2 penalty units

9B 2180 Fail to comply with pilot orescort vehicle requirements

RS(V)R183(1), 183(2),183(3), 184(1),184(2), 184(3),185(1), 185(2),186(1), 186(2)

2 penalty units

9C 2172 Fail to carry and producedocuments when required

RS(V)R260(1), 260(2)

1 penalty unit

Speeding

10 1926 Exceed speed limit in avehicle other than a heavyvehicle by less than 10 kmper hour (natural person)


10A 1965 Exceed speed limit in avehicle other than a heavyvehicle by less than 10 kmper hour (body corporate)




ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


11 1927 Exceed speed limit in avehicle other than a heavyvehicle by 10 km per hour ormore but less than 15 km perhour (natural person)


11A 1947 Exceed speed limit in avehicle other than a heavyvehicle by 10 km per hour ormore but less than 15 km perhour (body corporate)














ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2












17 1933 Exceed speed limit in avehicle other than a heavyvehicle by 45 km per hour ormore (natural person)


17A 1953 Exceed speed limit in avehicle other than a heavyvehicle by 45 km per hour ormore (body corporate)




ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


18 1934 Exceed speed limit in avehicle other than a heavyvehicle in a 110 km per hourzone by 20 km per hour ormore but less than 25 km perhour (natural person)


18A 1954 Exceed speed limit in avehicle other than a heavyvehicle in a 110 km per hourzone by 20 km per hour ormore but less than 25 km perhour (body corporate)


19 8375 Permit learner driver to driveat excessive speed

RR 406(2) 1.25 penaltyunits

Failing to Give Way or Stop

20 2011 Fail to give way to apedestrian

RR 38, 72(1),73(1),74(1)(b), (c),(d), 75(1)(a),(b), 81(2) and83

1.75 penaltyunits

21 8359 Fail to give way to pedestrianor animal when legallydriving on a path, nature strip

RR 288(4),289(2)

1.5 penaltyunits

22 2012 Fail to give way atintersection

RR 38, 62(1),63(2), 63(3),72(1) and73(1)

1.75 penaltyunits

23 2013 Fail to give way not atintersection

RR 38,74(1)(a), (c),75(1)(b), (c),(d), 77(1),84(1), and87(1)

1.75 penaltyunits



ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


24 2014 Fail to keep clear or give wayto police vehicle oremergency vehicle

RR 78(1), (2)and 79(1)

1.75 penaltyunits

25 2015 Fail to give way atroundabout

RR 114(1) and(2)

1.75 penaltyunits

26 2021 Fail to stop and remainstationary at children’scrossing

RR 80(2), (3)and (4)

2.5 penaltyunits

27 2022 Pass stopped vehicle atchildren’s crossing orpedestrian crossing


28 2023 Pass stopped tram RR 163(1),164(1) and164A(1)

2.5 penaltyunits

29 2024 Fail to stop or give way atlevel crossing or unlawfullyenter level crossing (naturalperson)

RR 121, 122and 123

5 penalty units

29A 1964 Unlawfully enter levelcrossing (body corporate)


30 8369 Bus fail to stop at correctdistance from level crossingwhere no gates, booms,barriers or lights

RR 124A(1)(a) 1.25 penaltyunits

31 8333 Fail to give way to apedestrian

RR 62(1) and63(2) and (3)

1.75 penaltyunits

32 8361 Fail to give way to a vehiclewhen legally driving on apath or nature strip

RR 288(4) and289(2)

1.75 penaltyunits

33 8334 Fail to give way not atintersection

RR 85, 86(1)and 87(3)

1.75 penaltyunits

Keeping left and diverging



ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


34 2031 Fail to keep left of oncomingvehicle


35 2032 Drive on wrong side ofdivided road

RR 135(1) 2 penalty units

36 2045 Drive in wrong direction on aone way service road


37 2033 Drive on or over or to theright of dividing lines

RR 132(2) and(2A)

2 penalty units

38 2046 Drive on or over paintedisland with double lines


39 8381 Drive on or over paintedisland other than double lines


40 8380 Fail to keep left other thandouble lines

RR 132(2) and(2A)

2 penalty units

41 2034 Fail to keep left of safetyzone


42 2035 Fail to keep left of centre ofroad


43 2037 Fail to keep as far left aspracticable

RR 129(1) and130(2)

1 penalty unit

44 2038 Cross single continuous laneline or fail to stay withinmarked lane or line of traffic

RR 146(1), (2)and 147

1 penalty unit

45 2039 Improperly pass or changelanes or line of traffic withoutgiving way

RR 148(1), (2)and 148A

1.5 penaltyunits

46 2040 Fail to give way whenmerging


Overtaking

47 2041 Pass to right or left of tram RR 160(2), (3) 2 penalty units



ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


48 2042 Pass to right of right turningvehicle or a vehicle making aU-turn from the centre of theroad

RR 142(1) and143(2)

2 penalty units

49 2043 Overtake vehicle on left RR 141(1) 1.5 penaltyunits

50 8347 Overtake vehicle with DONOT OVERTAKE TURNINGVEHICLE sign on left

RR 143(1),(1A)

2 penalty units

51 8349 Fail to leave enough roomwhen overtaking, or cut in toosoon


52 8354 Drive past or overtake tramturning right or giving rightchange of direction signal


53 2044 Increase speed when beingovertaken


53A 8393 Lane filtering on a motorcycle in excess of 30 km perhour

RR 151A 1 penalty unit

Signalling

54 2051 Fail to give signal RR 46(1),48(1), 53(1),(2), (3)

1 penalty unit

55 8376 Fail to give signal RR 112(2),(3), 113(2),(3), 117(1), (2)and 118(1)

1 penalty unit

56 2052 Fail to cancel or incorrectlyoperate signal

RR 46(4),48(4), 51 and118(2)

1 penalty unit

Turning



ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


57 2061 Perform unsafe U-turn RR 37 2 penalty units

58 2062 Make incorrect left, right orU-turn or turn improperly

RR 27(1),28(1), 28(1A),29(1), 31(1),32(1) and33(1)

1 penalty unit

59 2063 Enter roundabout from wrongmarked lane or line of trafficor disobey traffic lane arrowswhen in roundabout

RR 111(1) and116

1 penalty unit

60 8330 Make incorrect U-turn at anintersection

RR 42 1 penalty unit

61 2071 Fail to have headlights, taillights and number plate lightson at night or in hazardousweather conditions

RR 215(1)(a)and 216(1)

1.5 penaltyunits

62 2072 Fail to have clearance lightsor side marker lights on atnight or in hazardous weatherconditions

RR 215(1)(b) 1 penalty unit

63 2073 Fail to dip headlights RR 218(1) 1.5 penaltyunits

64 2074 Operate any front or rear foglight other than as permitted

RR 217(1) 1 penalty unit

65 2075 Use hazard warning lightsother than as permitted


66 2076 Animal drawn vehicle—failto have lights and reflectorsdisplayed at night or inhazardous weather conditions


Safety Procedures



ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


67 2570 Careless driving of a motorvehicle by a full licenceholder

RSA 65(1) 2.4 penaltyunits

68 2078 Use handheld mobile phonewhile driving


69 2079 Learner driver, holder of aprobationary driver licence orrestricted motor cycle licenceusing any mobile phone

RR 300(1A) 3 penalty units

70 2085 Ride motor bike withouthelmet or with passengerwithout helmet


71 2573 Holder of motor cycle licencefor less than 12 monthscarrying pillion passenger

RS(D)R58(1)(b)

3 penalty units

71A 2533 Holder of motor cycle licencefor less than 3 years carryinga pillion passenger

RS(D)R58(1A)(b)

3 penalty units

72 2574 Holder of motor cycle learnerpermit carrying pillionpassenger

RS(D)R58(2)(b)

3 penalty units

72A 2534 Holder of motor cycle licencefor less than 3 years drivingwithout headlights on

RS(D)R58(1A)(c)

1 penalty unit

72B 2535 Holder of motor cycle learnerpermit driving withoutheadlights on

RS(D)R58(2)(c)

1 penalty unit

72C 2536 Holder of motor cycle learnerpermit driving withoutwearing a securely fitted andfastened approved highvisibility vest or jacket

RS(D)R58(2)(d)

1 penalty unit



ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


73 8358 Rider improperly carryingpillion/sidecar passenger on amotor bike

RR 271(3),(4), (5), and(5A)

3 penalty units

74 8382 Rider not ensuring sidecarpassenger properly seated

RR 271(5C) 2 penalty units

75 2088 Fail to ride motor bikecorrectly, keep proper controlof vehicle, drive withuninterrupted view or ridevehicle with person or animalin lap or animal on motorbike

RR 271(1),297(1), (2),(1A) and (3)

1.5 penaltyunits

76 2089 Cause hazard to person orvehicle by opening door oralighting from vehicle


77 2090 Drive or travel with any partof body protruding

RR 268(3) and(4)

1 penalty unit

78 2091 Fail to wear properly fastenedand adjusted seat-belt (driver)


79 2092 Fail to wear properly fastenedand adjusted seat-belt(passenger)


80 8370 Driver failing to ensure thatpassenger over 16 years ofage wearing properly fastenedand adjusted seatbelt


81 2541 Travel in or on part of motorvehicle not designed forcarriage of passengers orgoods (passenger)


82 2542 Travel improperly seated orunrestrained in or on part ofmotor vehicle designed forcarriage of goods




ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


83 8379 Driver carrying passengerimproperly seated orunrestrained in or on part ofmotor vehicle designed forcarriage of goods; Drivertravelling with a passenger inor on a part of a motorvehicle not designed for thecarriage of passengers orgoods

RR 268(4A)and (4B)

2 penalty units

84 2544 Passenger on motorbike/sidecar not wearinghelmet


85 2545 Pillion passenger not properlyseated on motor bike

RR 271(2) and(5B)

2 penalty units

86 7385 Passenger occupying sameseating position as anotherpassenger


87 7386 Passenger under 16 notrestrained


88 7387 Passenger under 16 occupyingsame seating position asanother passenger


89 8371 Leading an animal whiledriving a vehicle

RR 301(1), (2)and (3)

1 penalty unit

Drink Driving

89A 2093 Drive or be in charge of amotor vehicle—

RSA 49 2·5 penaltyunits

(a) with unlawful bloodalcohol level of less than0·05g/100 ml or breathalcohol level of less than0·05g/210 litres of exhaledair; and



ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


(b) holding either a full driverlicence or an equivalentlicence issued by anotherState or Territory or anothercountry

89B 8321 Drive or be in charge of amotor vehicle—

RSA 49 2·5 penaltyunits

(a) with unlawful bloodalcohol level of less than0·05g/100 ml or breathalcohol level of less than0·05g/210 litres of exhaledair; and

(b) not holding either a fulldriver licence or anequivalent licence issued byanother State or Territory oranother country

90 1991 Drive or be in charge of amotor vehicle with—

RSA 49 3 penalty units

(a) blood alcohol level of0.05 or more but less than0.07g/100ml; or

(b) breath alcohol level of0.05 or more but less than0.07g/210 litres of exhaledair—

and—

(c) RSA 52 (zero blood orbreath alcohol) does not applyto the person; and



ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


(d) the person holds a fulldriver licence (or would holda full driver licence but forthe person’s failure to renewit); and

(e) the person is aged 26years or older at the time ofthe traffic infringement





and—

(c) RSA 52 (zero blood orbreath alcohol) does not applyto the person; and

(d) the person holds a fulldriver licence; and

(e) the person is aged under26 years at the time of thetraffic infringement






ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2



and RSA 52 (zero blood orbreath alcohol) applies to theperson

93 1996 Drive or be in charge ofmotor vehicle with bloodalcohol level of 0.07 or morebut less than 0.10g/100ml orbreath alcohol level of 0.07 ormore but less than 0.10g/210litres of exhaled air


94 [Repealed]

95 2095 Drive or be in charge ofmotor vehicle with bloodalcohol level of 0.10 or morebut less than 0.11g/100 ml orbreath alcohol level of 0.10 ormore but less than 0.11g/210litres of exhaled air

RSA 49 4.25 penaltyunits







ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2






Drug Driving

100 1999 Drive or be in charge ofmotor vehicle with prescribedconcentration of drugs ormore than the prescribedconcentration of drugs presentin blood or oral fluid


Signals

101 8360 Fail to give way when turningat a flashing yellow light atan intersection




ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


102 8372 Driver of public bus failing toleave intersection as soon aspossible if B light changes tored or yellow while in theintersection; Fail to clearintersection as soon aspossible if entering on yellowlight; Fail to leaveintersection as soon aspracticable if lights change tored after entering; Fail to giveway to a pedestrian on amarked foot crossing withflashing yellow lights orpassing stationary vehicle atsuch crossing; Fail to stop attwin red lights not at levelcrossing; Proceeding afterstopping at twin red lights,while lights are still showing;Proceeding through a bicyclestorage area before a redtraffic light or arrow

RR 286(3),57(3), 60A(1),60A(2), 61(5),65(2), 66(1)and 66(4)

2 penalty units

103 8368 Fail to obey yellow trafficlights or disobey yellowtraffic lights




ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


104 2101 Fail to obey traffic lights ordisobey traffic lights; Enteringintersection while red arrowshowing; Drive in markedtraffic lane in defiance ofoverhead lane signal; Driverof public bus fail to stop atred or yellow B light; Driverof public bus stopping foryellow or red B lightsproceeding before lightschange; Driver of public busstopped at intersection whenB light turns to yellow or redor turns off, who thenproceeds without other light;Fail to stop and not proceedat stop light; Fail to stop andnot proceed at red arrow; Failto stop and not proceed(unless unable to stop intime) at yellow traffic light orarrow; Entering intersection(or marked foot crossing)while red light showing;Entering intersection afterstopping, while red light isshowing (natural person)

RR 56(1),56(2), 57(2),59(1), 60,61(2), 152(1),281(a), 281(b),282(a), 282(b),284(a), 284(b),286(2)(a),286(2)(b) and286(2)(c)

2.5 penaltyunits

104A 1963 Entering intersection whilered arrow or red lightshowing (body corporate)

RR 59(1) and60

20 penaltyunits

105 2149 Failure of driver of tram toobey T light

RR 274, 275,277, 279(2)and 279(3)

2.5 penaltyunits

Licensing and Registration



ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


106 2104 Fail to return licence orlearner permit uponsuspension or cancellation

RS(D)R 81 1 penalty unit

107 2105 Unlicensed driving by theholder of a licence or permitissued outside Victoria whose3 month exemption underRS(D)R 18(1)(a), or 6 monthexemption under RS(D)R18(1)(b), from holding aVictorian licence or permithas expired


108 2106 Unlicensed driving in thecircumstances set out inparagraphs (a) and (b) ofsection 18(2) of the RSA,namely when a previouslicence has expired and thelicence has not been cancelledfor an offence


109 2107 Unlicensed driving incircumstances other thanthose referred to in codes2105 and 2106


109A 2576 Producing non-Victorianlicence or permit that doesnot authorise driving a motorvehicle

RSA 18A(2) 2 penalty units

110 2108 Fail to produce licence,learner permit or otherdocument on request orwithin 7 days

RSA 59(1)(a)and (2),TCMA216(1)(a) and(2)

1 penalty unit



ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


111 2109 Probationary driver failing tohave licence in his or herpossession while driving or incharge of a motor vehicle

RSA 21(1A) 1 penalty unit

112 8377 Probationary driver whodrives a probationaryprohibited vehicle on ahighway

RS(D)R 57(1) 2 penalty units

113 2111 Breach of a condition ofdriver licence or permit inSchedule 2 to the RS(D)R(other than E condition)

RSA 18(1)(b) 1 penalty unit

114 2112 Fail to display “L” plateswhen and as required

RS(D)R 47(1) 1 penalty unit

115 2114 Display “P” plates when notrequired


116 2115 Display “L” plates when notrequired


117 8322 Fail to display driver underinstruction plate


118 8323 Fail to carry notice explainingcode condition


119 8373 Fail to carry notice explainingcondition—overseas or otherjurisdiction


120 8324 Learner driver towing trailer RS(D)R 46(1) 2 penalty units

121 8325 Learner driver driving withoutexperienced driver


122 8326 Learner driver driving tractorwithout meeting conditions




ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


123 8374 Experienced driver sittingnext to learner driver who isfailing to comply with “L”plate requirements


124 8327 P1 driver carrying more thanone passenger aftercancellation or suspension


125 2116 Fail to notify Corporation ofchange of name or address

RS(D)R 67(1),RS(V)R 56(1)

1 penalty unit

126 8328 Fail to notify of permanent orlong term injury or illness


127 2125 Own or use unregisteredmotor vehicle with 2 axles(other than a motor cycle)


128 2126 Own or use unregisteredmotor vehicle with 3 axles


129 2127 Own or use unregisteredmotor vehicle with 4 axles


130 2128 Own or use unregisteredmotor vehicle with 5 or moreaxles


131 2129 Fail to display “P” plateswhen and as required


132 2569 P1 probationary driver orcorresponding novice driverdriving a motor vehicle withmore than one peer passenger


133 2571 Holder of motor cycle licencefor less than 12 monthsdriving motor cycle that isnot a learner approved motorcycle

RS(D)R58(1)(a)

2 penalty units



ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


133A 2537 Holder of motor cycle licencefor less than 3 years drivingmotor cycle that is not alearner approved motor cycle

RS(D)R58(1A)(a)

2 penalty units

134 2572 Holder of motor cycle learnerpermit driving motor cyclethat is not a learner approvedmotor cycle

RS(D)R58(2)(a)

2 penalty units

135 2546 P1 probationary licenceholder towing another vehicle

RS(D)R 59 2 penalty units

135A 2538 Holder of motor cycle licencefor less than 3 years towinganother vehicle

RS(D)R 59 2 penalty units

136 2601 Own or use unregisteredmotor cycle with enginecapacity of 60 cc or less

RSA 7 1 penalty unit

137 2602 Own or use unregisteredmotor cycle with enginecapacity of 61 cc or more butless than 501 cc


138 2603 Own or use unregisteredmotor cycle with enginecapacity of 501 cc or more


139 2604 Own or use an unregisteredtrailer that is not a heavyvehicle

RSA 7 1 penalty unit

140 2605 Own or use an unregisteredtrailer that is a heavy vehiclewith 1 axle


141 2606 Own or use an unregisteredtrailer that is a heavy vehiclewith 2 axles




ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


142 2607 Own or use an unregisteredtrailer that is a heavy vehiclewith 3 or more axles


143 2608 Person aged less than 26years failing to have licencein his or her possession whiledriving or in charge of motorvehicle

RSA 19(8) 0.5 penaltyunit

144 2609 Holder of learner permitfailing to have learner permitin his or her possession whiledriving or in charge or motorvehicle

RSA 22(6) 0.5 penaltyunit

144A 8386 Use of vehicle where numberplate not affixed or displayedin accordance withregulations

RS(V)R 50(1),50(2)

1 penalty unit

144B 2119 Use of vehicle whereregistration label altered,incorrect, misrepresented ornot affixed in accordance withregulations

RS(V)R 55(1),55(2),156(4A),156(4B),245A(1),245A(2),245A(3),245A(4),245A(5),246(1), 246(2),246(3), 246(4),246(5), 247(1),247(2), 247(3),247(4), 247(5)

1 penalty unit

144C 2120 Fail to return number plates RS(V)R 70(2),118(2), 118(3)

1 penalty unit

144D 2121 Fail to comply with transferrequirements-non dealer

RS(V)R 71(1),71(2), 71(3)

1 penalty unit



ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


144E 2122 Fail to comply withrepossession or restorationrequirements

RS(V)R 77(1),77(2)

1 penalty unit

144F 2123 Fail to comply with transferrequirements—dealer

RS(V)R 72(1),73(1)

2 penalty units

144G 8384 Use of vehicle with altered,incorrect or misrepresentednumber plate

RS(V)R245(1), 245(2),245(3), 245(4),245(5), 246(1),246(2), 246(3),246(4), 246(5),247(1), 247(2),247(3), 247(4),247(5)

2 penalty units

Miscellaneous

145 1907 Long vehicle failing to keepminimum distance behindanother long vehicle


146 2131 Reverse from median stripparking area


147 2132 Reverse when unsafe orfurther than is reasonable

RR 296(1) and(2)

1 penalty unit

148 2133 Drive motor vehicle on apath, nature strip, trafficisland or dividing strip

RR 137(1),288(1), 289(1)and 290

1 penalty unit

149 2134 Place or leave dangeroussubstance on road or leavething dropped from vehicleon road

RR 293(2),RS(TM)R 35

1.25 penaltyunits

150 2135 Leave motor vehicleunattended with keys inignition, motor running,brakes not secured or doorsunlocked

RR 213(2),(3), (4) and (5)

1 penalty unit



ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


151 2136 Fail to drive sufficientdistance behind a vehicle


152 2137 Fail to obey traffic directiongiven by police officer orauthorised person


153 2138 Drive in a tram lane ortramway

RR 155(1) and155A(1)

1 penalty unit

154 2139 Enter an intersection orcrossing when the intersectionor crossing is blocked or theroad beyond the intersectionor crossing is blocked

RR 128, 128A 1 penalty unit

155 2140 Impede a tram RR 76(1) and(2)

1 penalty unit

156 8352 Drive unlawfully in bicyclelane


157 8378 Drive unlawfully in bus,transit or truck lane

RR 154(1),156(1), and157(1)

1 penalty unit

158 2144 An owner or a relevantnominated person failing toprovide information whenrequired

RSA 60 and60A

6 penalty units

159 2146 Drive with empty bicyclecarrier


160 2522 Stop on a keep clear marking RR 96(1) 1 penalty unit

161 2523 Ride motor bike more thantwo abreast

RR 151(1) and151(2)

1 penalty unit

162 2524 Drive over continuous whiteedge line


163 2525 Drive motor vehicle withperson in attached trailer




ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


164 2526 Drive motor vehicle with TVor VDU operating


165 2527 Fail to comply withroundabout requirements


165B 2143 Use vehicle that is unsafe orhas been modified or does notcomply with the Standards forRegistration

RS(V)R257(1), 258(1),258(2), 259(1)

2.5 penaltyunits

165C 2145 Remove or deface defectivevehicle label

RS(V)R 244 2 penalty units

165D 2147 Use or permit use of lightvehicle in breach of majorvehicle defect notice

RS(V)R240(1)

2.5 penaltyunits

165E 2148 Use or permit use of lightvehicle in breach of minorlight vehicle defect notice

RS(V)R240(1)

1.5 penaltyunits

165F [Repealed]

165G 8387 Use vehicle without warningsignal for rear projection

RS(V)R175(1), 175(2),175(3)

2.5 penaltyunits

166 7391 Fail to comply with theManual for Traffic Control atStock Crossings

RS(TM)R 17A 1 penalty unit

Fatigue management

166–227

[Repealed]

Mass Limits

228 4451 Operator of vehicle in breachof mass limit—minor riskbreach, where operator is abody corporate




ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


229 4452 Operator of vehicle in breachof mass limit—minor riskbreach, where the operator isnot a body corporate


230 4453 Operator of vehicle in breachof mass limit—substantialrisk breach, 5% or moreexcess but less than 10%excess, where operator is abody corporate

RSA 174(1) 10 penaltyunits

231 4454 Operator of vehicle in breachof mass limit—substantialrisk breach, 5% or moreexcess but less than 10%excess, where operator is nota body corporate

RSA 174(1) 2 penalty units









ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2




236 4459 Driver of vehicle in breach ofmass limit—minor risk breach


237 4460 Driver of vehicle in breach ofmass limit—substantial riskbreach, 5% or more excessbut less than 10% excess






Limits and requirements other than mass limits

240 4463 Operator of vehicle in breachof width, length or heightlimit or load restraintrequirement—minor riskbreach, where operator is abody corporate


241 4464 Operator of vehicle in breachof width, length or heightlimit or load restraintrequirement—minor riskbreach, where operator is nota body corporate




ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


242 4465 Operator of vehicle in breachof width, length or heightlimit or load restraintrequirement—substantial riskbreach, where operator is abody corporate


243 4466 Operator of vehicle in breachof width, length or heightlimit or load restraintrequirement—substantial riskbreach, where operator is nota body corporate


244 4467 Driver of vehicle in breach ofwidth, length or height limitor load restraint requirement—minor risk breach


245 4468 Driver of vehicle in breach ofwidth, length or height limitor load restraint requirement—substantial risk breach


246–250

[Repealed]

250A 4474 Use light vehicle exceedingpermitted dimensions

RS(V)R174(1), 174(2),174(3)

2.5 penaltyunits

Directions and orders

251 4475 Failure by a body corporateto comply with a direction ofinspector


252 4476 Failure by a person other thana body corporate to complywith a direction of inspector




ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


253 4477 Failure by a body corporateto comply with conditionimposed under direction orauthorisation


254 4478 Failure by a person other thana body corporate to complywith condition imposed underdirection or authorisation


Bicycles

255 2221 Fail to obey traffic directiongiven by police officer orauthorised person


256 8332 Bicyclist fail to leaveintersection as soon aspossible if bicycle crossinglights change to red while inintersection; Bicyclist fail toleave intersection as soon aspossible if unable to stop andentering intersection onyellow light; Bicyclist fail toclear intersection as soon aspossible if lights change tored while in the intersection

RR 57(3) and61(5)

1 penalty unit

257 2222 Fail to obey traffic lights RR 56(1),56(2), 57(1),57(2), 59(1),60, 61(2),65(2), 66(1),66(4), 152(1),244K(1),244L(1),244M(1),260(1), 260(2),261(1) and262(1)

2.5 penaltyunits



ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


258 2223 Fail to obey traffic sign (otherthan a traffic sign referred toin Code 2239 or 2240)

RR 34(1), 36,39(1), 39(2),41, 88(1),88(2), 89(1),89(2), 90,91(1), 91(2),93(1), 94,98(1), 100,and 252(1)

1 penalty unit

259 2224 Fail to keep left RR 129(1),132(1) and(2A)

1 penalty unit

260 8383 Ride over or conduct a U-turnover a continuous single line,continuous single to left ofbroken line or double lines


261 2226 Fail to give way RR 38, 64,72(1), 73(1),74(1), 75(1),77(1), 78(1),78(2), 79(1),81(2), 83,84(1), 87(1),114(1), 114(2),164(1),164A(1),247B(1) and247B(2)

1 penalty unit

262 8331 Fail to give signal RR 48(1) 1 penalty unit

263 2228 Fail to have lights orequipment

RR 258 and259

1.25 penaltyunits



ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


264 2229 Riding improperly RR 27(1),28(1), 28(1A),28(2A), 29(1),31(1), 32(1),33(1), 32(2A),245, 246(1),246(2), 246(3),247A(1) and255

1 penalty unit

265 8357 Bicyclist carry person inbicycle trailer while bicyclistis under 16, or passenger over10, or without helmet


266 2230 Misuse bicycle path,separated footpath or sharedpath or footpath or fail to usebicycle lane

RR 247(1),249, 250(1),250(2) and251

1 penalty unit

267 2231 Bicycle drawn by othervehicle

RR 254(1) and254(2)

1.25 penaltyunits

268 2232 Ride more than 2 abreast RR 151(1) and151(2)

1 penalty unit

269 2233 Rider or passenger failing towear securely fitted approvedbicycle helmet

RR 256(1) and256(2)

1.25 penaltyunits

270 2234 Use a bicycle to carry aperson who is not wearing asecurely fitted approvedbicycle helmet

RR 256(3) 1 25 penaltyunit

271 2235 Ride bicycle on dividing strip,footpath, nature strip, paintedisland or traffic island whennot permitted

RR 137(1),138(1), 289(1)and 290

1 penalty unit

272 2236 Ride bicycle across achildren’s, pedestrian ormarked foot crossing

RR 248(1) and248(2)

1 penalty unit



ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


273 2237 Overtake to left of leftturning vehicle


274 2238 Fail to comply withroundabout requirements


275 2239 Fail to obey stop, stop hereon red signal or stop here onred arrow sign

RR 67(1),68(1), 101(1)and 101(2)

2 penalty units

276 2240 Fail to obey give way sign;fail to obey arrester bed orsafety ramp sign

RR 69(1), 70,71(1) and101A(1)

2 penalty units

277 8329 Perform unsafe U turn RR 37 2 penalty units

278 8336 Fail to stop and remainstationary at children’scrossing

RR 80(2),80(3) and80(4)

2.5 penaltyunits

279 8337 Pass stopped vehicle atchildren’s crossing orpedestrian crossing


280 8339 Fail to obey traffic lane arrow RR 92(1) 1.25 penaltyunits

281 8340 Fail to obey emergencystopping lane only sign


282 8341 Fail to stop or give way atlevel crossing

RR 121, 122and 123

5 penalty units

283 8342 Fail to drive sufficientdistance behind a vehicle


284 8343 Fail to keep left of oncomingvehicle


285 8344 Drive on wrong side ofdivided road


286 8345 Drive in wrong direction on aone way service road




ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


287 8346 Pass to right of right turningvehicle or a vehicle making aU-turn from the centre of theroad

RR 142(1) and143(2)

2 penalty units

288 8348 Overtake vehicle with DONOT OVERTAKE TURNINGVEHICLE sign on left

RR 143(1) and(1A)

2 penalty units

289 8350 Fail to leave enough roomwhen overtaking, or cut in toosoon


290 8351 Improperly overtake or passor change lanes or line oftraffic without giving way

RR 148(1),148(2) and148A

1.5 penaltyunits

291 8353 Pass to right or left of tram RR 160(2) and160(3)

2 penalty units

292 8355 Fail to keep left of safetyzone or stop behind tram

RR 162(1) and163(1)

2.5 penaltyunits

Pedestrians

292A 2241 Fail to obey traffic directiongiven by police officer orauthorised person


293 2242 Fail to obey traffic lights RR 231(1) and232(1)

0.5 penaltyunit

294 2243 Walk improperly on road RR 230(1),233(1), 233(2),234(2), 238(1),238(2) and239(1)

0.5 penaltyunit

295 2244 Alight from or board movingvehicle

RR 237(1) and269(1)

0.5 penaltyunit

296 2245 Crossing road within 20metres of pedestrian crossing

RR 234(1) 0.5 penaltyunit



ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


297 2246 Cross level crossing when notpermitted

RR 235(1),235(2),235(2A) and235A(2)

0.5 penaltyunit

298 2247 Fail to give way whencrossing a bicycle path orseparated footpath


299 2248 Person on road to solicitcontributions or employment,hitchhike, sell, clean etc.

RR 236(4) and401

0.5 penaltyunit

300 2249 Fail to obey no pedestrianssign or road access sign

RR 228 and229

1.75 penaltyunit

Passenger Vehicles

301 [Repealed]

Signs

302 2501 Fail to obey turn prohibitionor requirement sign ormarking

RR 34(1),39(1), 39(2),40, 41, 88(1),88(2), 89(1),89(2), 90,91(1), 91(2),159(1) and212(1)

1.25 penaltyunits

303 2502 Fail to obey one way or noentry sign

RR 98(1) and100

2 penalty units

304 2503 Fail to obey no overtaking orpassing or no overtaking onbridge sign

RR 93(1) and94

2 penalty units

305 2504 Fail to obey keep left or keepright sign

RR 99(1) and99(2)

1 penalty unit

306 2505 Fail to obey stop sign RR 67(1),68(1), 101(1)and 101(2)

2 penalty units



ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


307 2506 Fail to obey give way sign RR 69(1), 70and 71(1)

2 penalty units

308 2507 Fail to obey emergencystopping lane only sign


309 2511 Fail to obey no trucks sign RR 104(1),104(2) and104(3)

1 penalty unit

310 2512 Fail to obey trucks must enteror buses must enter sign

RR 105 and107

2 penalty units

311 2517 Disobey information on roadaccess sign


312 2518 Fail to obey no buses sign RR 106(1),106(2) and106(3)

1 penalty unit

313 8338 Fail to obey traffic lane arrow RR 92(1) 1.25 penaltyunits

314 8335 Fail to obey safety ramp orarrester bed sign

RR 101A(1) 2 penalty units

314A 2509 Fail to obey low clearance orclearance sign

RS(V)R253(1), 253(3),253(4)

5 penalty units

314B 2513 Exceed mass limit sign by upto 1 tonne

RS(V)R252(2), 252(3),252(4)

1.5 penaltyunits

314C 2514 Exceed mass limit sign by1.01 to 2 tonnes

RS(V)R252(2), 252(3),252(4)

3 penalty units

314D 2515 Exceed mass limit sign by2.01 to 3 tonnes

RS(V)R252(2), 252(3),252(4)

4 penalty units



ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


314E 2516 Exceed mass limit sign by3.01 to 4 tonnes

RS(V)R252(2), 252(3),252(4)

5 penalty units

Riders of animals

315 2529 Rider or person being carriedwho is under 18 years fail towear approved helmet

RR 303A 1.25 penaltyunits

316 2530 Fail to give way topedestrians on footpath ornature strip


317 2531 Fail to give way to a vehicleleaving a roundabout


318 2532 Ride animal more than 2abreast

RR 303(1) and303(2)

1 penalty unit

Wheeled Recreation Devices

319 2551 Travel in or on a wheeledrecreation device on aprohibited road or disobeyinga sign

RR 240A,240(1) and240(2)

0.5 penaltyunit

320 2552 Travel improperly on a roadin or on a wheeled recreationdevice

RR 241(1) and242(1)

0.5 penaltyunit

321 2553 Travel on rollerblades/roller-skates on pedestrian side ofseparated footpath


322 2554 Person on rollerblades/roller-skates failing to keep out ofthe path of bicycle on bicyclepath or separated footpath




ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


323 2555 Travel in or on wheeledrecreational device while it isbeing towed by a vehicle,while holding onto movingvehicle, or within 2 metres ofthe rear of a moving vehiclecontinuously for more than200 metres

RR 244(1),244(2) and244(3)

0.5 penaltyunit

324 8356 Travelling improperly on ascooter

RR 244B(1),244B(4) and244B(5)

1.25 penaltyunits

Electric personal transporters

325 2979 Travel on a road or roadrelated area other than as partof an electric personaltransporter tour

RR 244D 0.75 penaltyunit

326 2980 Travel on a road or roadrelated area that is not anelectric personal transporterroute or in an electricpersonal transporter use area

RR 244E 0.75 penaltyunit

327 2981 Travel along a road if there isa bicycle path, footpath,nature strip or shared pathadjacent to the road

RR 244F(1) 0.75 penaltyunit

328 2982 Travel on a road with adividing line or median stripor a speed-limit greater than50 km per hour or on aone-way road with more thanone marked lane

RR 244F(2) 0.75 penaltyunit

329 2983 Travel at night RR 244F(3) 0.75 penaltyunit

330 2984 Fail to obey no electricpersonal transporter sign

RR 244G 0.75 penaltyunit



ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


331 2985 Fail to keep as far to the leftside of a road as ispracticable

RR 244H(1) 0.75 penaltyunit

332 2986 Travel alongside more than 1other pedestrian or vehicletravelling on the road or roadrelated area in the samedirection

RR 244H(2) 0.75 penaltyunit

333 2987 Fail to keep to the left sideon a footpath or shared path

RR 244I(1) 0.75 penaltyunit

334 2988 Fail to give way to apedestrian on a footpath orshared path or in a sharedzone

RR 244I(2) 0.75 penaltyunit

335 2989 Travel on electric personaltransporter on bicycle side ofseparated footpath

RR 244J(1) 0.75 penaltyunit

336 2990 Fail to give way to apedestrian on a separatedfootpath


337 2991 Fail to keep out of the path ofany bicycle on a bicycle path


338 2992 Travel on a road or roadrelated area while beingtowed by a vehicle

RR 244N 0.75 penaltyunit

339 2993 Fail to keep proper control ofelectric personal transporter

RR 244O 1.25 penaltyunits

340 2994 Travel without wearing asecurely fitted approvedbicycle helmet

RR 244P(1) 1.25 penaltyunits

341 2995 Fail to have equipment RR 244Q 0.5 penaltyunit



ItemNo.



Infringementpenalty

Col-umn 1

Col-umn 2


342 2996 Exceed speed limit RR 244S 0.75 penaltyunit

343 2997 Carry a person or animal RR 244T 0.75 penaltyunit

344 2998 Consume intoxicating liquor RR 244U 1.25 penaltyunits

345 2999 Use handheld mobile phonewhile travelling

RR 244V(1) 2.5 penaltyunits

[Sch 7 am SR 99 of 2016, reg 4; SR 24 of 2016, reg 9; SR 121 of 2015, reg 4; SR 85 of 2015, reg 9; SR 199 of2014, reg 8; SR 145 of 2014, reg 14; SR 144 of 2014, reg 8; SR 143 of 2014, reg 18; SR 67 of 2014, reg 6; SR 67of 2014, reg 5; SR 153 of 2013, reg 16; SR 150 of 2013, reg 87; SR 135 of 2013, reg 5; SR 84 of 2012, reg 3; SR48 of 2012, reg 4; SR 62 of 2011, reg 6; SR 134 of 2010, reg 7(2)–(4); SR 16 of 2010, reg 4; SR 130 of 2009,regs 6–14]





Date ofcommence-ment

Road Safety (Vehicles) Regulations 2009 118 of 2009 9 Nov 2009





Road Safety (Vehicles) Amendment(Written-off Vehicles) Regulations 2013

176 of 2013 Regs 7 and8: 17 Dec2013;regs 5 and6: 1 Jan2014

Road Safety (Vehicles) Amendment (HeavyVehicle National Law) Regulations 2014

23 of 2014 Regs 3–7:29 Apr2014

Road Safety (Drivers) and (Vehicles)Amendment Regulations 2014

46 of 2014 Pt 3:27 May2014

Road Safety (Drivers) and (Vehicles)Amendment (Fees) Regulations 2014

85 of 2014 Pt 3: 1 Jul2014

Road Safety (Vehicles) Amendment(Emergency Management Commissioner)Regulations 2014

131 of 2014 Regs 3 and4: 16 Sep2014

Road Safety (Drivers), (General) and(Vehicles) Amendment Regulations 2014

199 of 2014 Pt 4: 1 Nov2014

Road Safety (Vehicles) AmendmentRegulations 2014

201 of 2014 Regs 4–37:29 Oct2014


79 of 2015 Pt 3: 1 Jul2015

TABLE OF AMENDING LEGISLATION




Road Safety (Vehicles) Regulations 2009 118 of 2009 9 Nov 2009





Road Safety (Vehicles) Amendment(Declared Apprenticeships) Regulations2015

118 of 2015 Regs 5–8:16 Nov2015

Road Safety (Drivers) and (Vehicles)Amendment (Miscellaneous Fees)Regulations 2015

159 of 2015 Pt 3: 1 Feb2016


50 of 2016 Pt 3: 1 Jul2016

Road Safety (Vehicles) Amendment(Australian Border Force Vehicles)Regulations 2016

93 of 2016 Regs 5 and6: 16 Aug2016




Schedule 2 – Vehicle StandardsRegulation 14

Part 1 – Introductory

Division 1 – GeneralNote: This Schedule sets out standards that light vehicles must comply with to be eligible for unconditionalregistration and to be driven on roads and road-related areas.

The ADRs (Australian Design Rules) are rules for designing and building vehicles. Imported vehicles must alsocomply with the ADRs.

The Vehicle Standards require a vehicle that is subject to an ADR when built or imported to continue to complywith the ADR.

The Vehicle Standards also apply certain other standards (adopted standards) that are intended to complement theADRs.

The ADRs do not cover:• vehicles built before 1969• combinations of vehicles of any age• every safety feature for vehicles built between 1969 and 1988.

These matters are covered by the Vehicle Standards.

[Div 1, note am SR 150 of 2013, reg 47]

1 Vehicle standardsThis Schedule contains the Vehicle Standards that form the standards for registration for

light vehicles under the Road Safety Act 1986.[Cl 1 am SR 150 of 2013, reg 48]

2 Object of vehicle standards

(1) The object of the Vehicle Standards is to set standards about the construction andperformance of light motor vehicles, light trailers and light combinations, that are uniformthroughout Australia.

(2) The standards are intended—(a) to promote, throughout the life of light motor vehicles, light trailers and light

combinations, their safe use and efficiency and the protection of the environment;and

(b) to reduce the cost of transport administration.[Cl 2 am SR 150 of 2013, reg 49]

Division 2 – Vehicle Standards

3 DefinitionsIn the Vehicle Standards—

50 millimetre kingpin [Repealed][Def rep SR 150 of 2013, reg 50]



CHAPTER 11 – TRANSITIONAL PROVISIONScl 3VEHICLE STANDARDSSchedule 2


adopted standard has the meaning given in clause 24;

air brake means an air-operated or air-assisted brake;

braking system, of a vehicle, means all the brakes of the vehicle and all thecomponents of the mechanisms by which they are operated;

British Standard means a standard approved for publication on behalf of the BritishStandards Institution;

Note: Copies of British Standards are available from offices of the Standards Australia.

[Def am SR 201 of 2014, reg 17(a)]

British Standards Institution means the institution of that name established under royalcharter in the United Kingdom;

car means a motor vehicle built mainly to carry people that—(a) seats not over 9 adults (including the driver); and(b) has a body commonly known as a sedan, station wagon, coupe,

convertible, or roadster; and(c) has 4 or more wheels;

drive includes be in control of;

driver, in relation to a vehicle, means the person driving the vehicle;

emergency brake means a brake designed to be used if a service brake fails;

emergency vehicle means—(a) an ambulance under the control of—

(i) an ambulance service created under section 23 of theAmbulance Services Act 1986 or listed in Schedule 1 to thatAct; or

(ii) an ambulance service created under a law in force in anotherState or in a Territory that the Minister, by notice in theGovernment Gazette, declares to be an ambulance service towhich this paragraph applies; or

(iii) the Australian Defence Force;(b) a fire service unit under the control of—

(i) the Metropolitan Fire and Emergency Services Board; or(ii) the Department of Environment and Primary Industries; or

(iii) the Country Fire Authority; or(iv) the Australian Defence Force;

(ba) a vehicle under the control of the Emergency ManagementCommissioner appointed under the Emergency Management Act 2013;

(c) a vehicle under the control of the State Emergency Service;(d) a vehicle under the control of—

(i) the Shepparton Search & Rescue Squad Inc; or(ii) the Echuca and Moama Search and Rescue Squad Inc;

[Def am SR 201 of 2014, reg 17(b); SR 131 of 2014, reg 4; SR 156 of 2012, reg 5; SR 25 of 2012, reg 3]

front fog light means a light used to improve the illumination of the road in case offog, snowfall, heavy rain or a dust storm;

left, for a vehicle, means to the left of the centre of the vehicle when viewed by aperson in the vehicle who is facing to the front of the vehicle;

moped means a motor cycle or trike with an engine cylinder capacity of not over50 millilitres and a maximum speed of not over 50 kilometres per hour;

ROAD SAFETYcl 3 ROAD SAFETY REGULATIONS Schedule 2


motor trike means a motor vehicle with 3 wheels, but does not include a 2 wheeledmotor vehicle with a sidecar attached to it that is supported by a third wheel;

mudguard means a fitting or device, with or without a mudflap, that is built and fittedto a vehicle in a way that will, as far as practicable, catch or deflect downwardsany stone, mud, water, or other substance, thrown up by the rotation of the wheelto which the fitting or device is fitted;

national standard has the meaning given in clause 15;

point of articulation means—(a) the axis of a kingpin for a fifth wheel; or(b) the vertical axis of rotation of a fifth wheel coupling; or(c) the vertical axis of rotation of a turntable assembly; or(d) the vertical axis of rotation of the front axle group, or single axle, of a

dog trailer; or(e) the coupling pivot point of a semi-trailer;

police vehicle means a vehicle driven by a police officer in the course of his or herduty;

[Def am SR 201 of 2014, reg 17(c)]

rear fog light means a light used on a vehicle to make it more easily visible from therear in dense fog;

repeater horn [Repealed][Def rep SR 150 of 2013, reg 50]

right, for a vehicle, means to the right of the centre of the vehicle when viewed by aperson in the vehicle who is facing to the front of the vehicle;

road tank vehicle [Repealed][Def rep SR 150 of 2013, reg 50]

second edition ADR has the meaning given in clause 17;

service brake, for a vehicle, means the brake normally used to decelerate the vehicle;

spring brake means a brake using one or more springs to store the energy needed tooperate the brake;

street rod vehicle means a vehicle that has been modified for safe road use and that—(a) has a body and frame that were built before 1949; or(b) is a replica of a vehicle the body and frame of which were built before

1949;

Taxi Services Commission means the body established under Division 3 of Part 5 ofthe Transport Integration Act 2010;

[Def insrt SR 87 of 2013, reg 4(a)]

third edition ADR has the meaning given in clause 18;

transport enforcement vehicle means a vehicle being used to convey an officer of theRoads Corporation, an employee of the Department of Transport, Planning andLocal Infrastructure or a person who is employed in the Taxi ServicesCommission engaged in connection with the enforcement of—

(a) the Road Safety Act 1986; or(b) the Transport (Compliance and Miscellaneous) Act 1983; or(c) the Road Management Act 2004; or



(d) the Accident Towing Services Act 2007;[Def am SR 87 of 2013, reg 4(b); SR 136 of 2010, reg 8]

turntable means a bearing built to carry vertical and horizontal loads, but does notallow quick separation of its upper and lower rotating elements, and that is usedto connect and allow articulation between—

(a) a prime mover and semi-trailer; or(b) the steering axle or axle group of a dog trailer and the body of the

trailer; or(c) a fifth wheel coupling and the vehicle to which it is mounted;

vacuum brakes means vacuum-operated or vacuum-assisted brakes;

VSB means Vehicle Standards Bulletin.Note: The Vehicle Standards Bulletins provide information on the design, manufacture, sale,modification, maintenance, import and repair of road vehicles. The term road vehicles as used in theMotor Vehicle Standards Act 1989 of the Commonwealth includes both motor vehicles and trailers.The Bulletins are available from the Department of Infrastructure, Transport, Regional Developmentand Local Government (see http://www.infrastructure.gov.au/roads/vehicle_regulation/bulletin/index.aspx).

4 Diagrams

(1) A diagram in the Vehicle Standards is part of the Vehicle Standards.

(2) A diagram of something is an illustrative example of the thing in black and white,but does not represent its dimensions or the dimensions of any part of it.[Cl 4 am SR 150 of 2013, reg 51]

5 NotesA note in the Vehicle Standards is explanatory and is not part of the Vehicle Standards.

6 Examples

(1) An example (whether or not in the form of a diagram) in the Vehicle Standards ispart of the Vehicle Standards.

(2) If the Vehicle Standards include an example of the operation of a provision of theVehicle Standards, the example and the provision are to be read in the context of each otherand of the other provisions of the Vehicle Standards, but, if the example and the provisionas so read are inconsistent, the provision prevails.

Part 2 – Application of the Vehicle Standards7 Application to vehicles on roads and road-related areas

The Vehicle Standards apply to motor vehicles and trailers on roads and road-relatedareas.

8 What is a road?A road is defined in section 3(1) of the Act as—

(a) an area that is open to or used by the public and is developed for, or has as one ofits main uses, the driving or riding of motor vehicles; or

(b) a place that is a road by virtue of a declaration under section 3(2)(a) of the Act—but does not include a place that is not a road by virtue of a declaration undersection 3(2)(a) of the Act.

9 What is a road-related area?



A road-related area is defined in section 3(1) of the Act as—(a) an area that divides a road; or(b) a footpath or nature strip adjacent to a road; or(c) an area that is open to the public and is designated for use by cyclists or animals;

or(d) an area that is not a road and that is open to or used by the public for driving,

riding or parking vehicles; or(e) a place that is a road-related area by virtue of a declaration under section 3(2)(a)

of the Act—but does not include a place that is not a road-related area by virtue of a declaration undersection 3(2)(a) of the Act.

10 Vehicles to which the vehicle standards do not apply [Repealed][Cl 10 rep SR 201 of 2014, reg 18]

11 Non-application of vehicle standards—exemption under other laws




(1) A provision of the Vehicle Standards does not apply to a vehicle if the vehicle isexempt from—

(a) the provision under another law of this jurisdiction; or(b) the corresponding provision of the law of another Australian jurisdiction.

(2) The vehicle is exempt only if all conditions of the exemption (if any) are beingcomplied with.Example: An exemption permitting a greater dimension limit for a vehicle is subject to conditions about theroute where, and times when, the vehicle is permitted to travel, and the escort vehicles required to accompany thevehicle. A relevant provision of the Vehicle Standards does not apply to the vehicle only if the conditions arecomplied with.

12 Non-application of Vehicle Standards to ADR-compliant matters

(1) A requirement of Parts 5 to 13 does not apply to a vehicle if the requirement isinconsistent with a requirement of a second or third edition ADR that the vehicle complieswith (regardless of whether or not the vehicle is required to comply with the ADRrequirement).

(2) Subclause (1) does not apply if the vehicle is not of the same class or type as thevehicles to which the ADR requirement applies.[Cl 12 am SR 150 of 2013, reg 52]

13 Non-application of vehicle standards—Motor Vehicle Standards Actapprovals

A provision of Parts 5 to 13 of the Vehicle Standards does not apply to a vehicle if—(a) the vehicle does not comply with a requirement of an ADR applying to the

vehicle; and(b) the provision of the Vehicle Standards corresponds to the requirement of the

ADR; and(c) despite the non-compliance, approval has been given, under section 10A(2) or (3)

of the Motor Vehicle Standards Act 1989 of the Commonwealth, to placeidentification plates on vehicles of that type; and

(d) the vehicle complies with the approval conditions (if any).Notes:

1 Section 10A(2) of the Motor Vehicle Standards Act 1989 of the Commonwealth deals with vehiclesthat do not comply with an ADR, when the non-compliance is only minor and inconsequential.

2 Section 10A(3) of that Act deals with vehicles that do not comply with an ADR, and thenon-compliance is not minor and inconsequential, but the vehicle will be safe to use if conditions arecomplied with.

Part 3 – Australian Design RulesNote: This Part applies the second and third edition ADRs to various vehicles.

Under the Part, a vehicle that is subject to ADRs when it is built generally remains subject to the ADRs throughoutits life. However, a vehicle need not comply with a standard if the standard is replaced by, or inconsistent with, alater standard and the vehicle complies with the later standard. Older vehicles may, therefore, be fitted with anyequipment allowed on newer vehicles.

Vehicles that are modified must continue to comply with the Vehicle Standards. For guidance on vehiclemodifications see NHVR Code of Practice for the Approval of Heavy Vehicle Modifications—Vehicle StandardsBulletin No. 14 – National Code of Practice for Light Vehicle Construction and Modification. (Seehttp://www.infrastructure.gov.au/roads/vehicle_regulation/bulletin/index.aspx.)

The following provisions of the Vehicle Standards extend the application of particular second or third editionADRs to vehicles to which the ADRs are not expressed to apply:



• Clause 41(4) (electrical wiring, components, connections and installations)The following provisions of the Vehicle Standards apply to a vehicle instead of the corresponding ADRrequirement:

• Clause 44(5) (window tinting)• Clause 52 (tyre speed category requirements)• Clause 114, 115 and 116 (warning lights and signs on buses carrying children)• Clause 118(4) (display of certain lights and reflectors).

[Pt 3, note am SR 23 of 2014, reg 7; SR 150 of 2013, reg 53]

Division 1 – Interpretation

14 What is an ADR?An ADR (Australian Design Rule) is a national standard.

15 What is a national standard?A national standard is a national standard under the Motor Vehicle Standards Act 1989

of the Commonwealth.

16 References to national standardsUnless the contrary intention appears, a reference in the Vehicle Standards to a national

standard is a reference to the national standard as in force from time to time.

17 What is a second edition ADR?A second edition ADR is a national standard incorporated in the document described as

the Australian Design Rules for Motor Vehicle Safety, Second Edition, originally publishedby the then Commonwealth Department of Transport.

18 What is a third edition ADR?A third edition ADR is a national standard incorporated in the document described as the

Australian Design Rules for Motor Vehicles and Trailers, Third Edition, published by theFederal Office of Road Safety of the then Commonwealth Department of Transport andRegional Development.

Division 2 – Compliance with ADRs

19 Compliance with second edition ADRs




(1) If a second edition ADR recommends that the ADR should apply to the design andconstruction of a vehicle, the vehicle must comply with the ADR.

(2) If a second edition ADR contains a requirement for a type of equipment fitted to avehicle built on or after a stated time any equipment of the same type fitted to the vehicleafter it is built must comply with—

(a) the requirement as in force when the vehicle was built; or(b) if the requirement is amended after the vehicle is built and before the equipment

is fitted, the requirement as in force—(i) when the vehicle was built; or

(ii) when the equipment was fitted; or(iii) at any time between when the vehicle was built and the equipment was

fitted.

(3) A vehicle, or equipment fitted to a vehicle, need not comply with a recommendationor requirement of a second edition ADR if—

(a) the recommendation or requirement is replaced by, or is inconsistent with, arequirement of a third edition ADR applying to the vehicle or equipment; and

(b) the vehicle or equipment complies with the requirement of the third edition ADR.

(4) If a second edition ADR allows a vehicle built on or after a stated time to be fittedwith equipment, a vehicle built before the time may also be fitted with the equipment.

20 Compliance with third edition ADRs

(1) If a third edition ADR applies to the design and construction of a vehicle, the vehiclemust comply with the ADR.

(2) If a third edition ADR contains a requirement for a type of equipment fitted to avehicle built on or after a stated time, any equipment of the same type fitted to the vehicleafter it is built must comply with—

(a) the requirement as in force when the vehicle was built; or(b) if the requirement is amended after the vehicle is built and before the equipment

is fitted, the requirement as in force—(i) when the vehicle was built; or

(ii) when the equipment was fitted; or(iii) at any time between when the vehicle was built and the equipment was

fitted.

(3) However, a vehicle, or equipment fitted to a vehicle, need not comply with arequirement of a third edition ADR if—

(a) the requirement is replaced by, or is inconsistent with, a requirement of a laterversion of the ADR applying to the vehicle or equipment; and

(b) the vehicle or equipment complies with the requirement of the later version.

(4) If a third edition ADR allows a vehicle built on or after a stated time to be fitted withequipment, a vehicle built before the time may also be fitted with the equipment.

21 Exception to compliance with ADRs—vehicles that are not road vehiclesA vehicle need not comply with an ADR applied by clause 19(1) or 20(1) of this

Schedule if a determination or declaration under section 5B of the Motor Vehicle StandardsAct 1989 of the Commonwealth provides that the vehicle is not a road vehicle for that Act.



22 Exception to compliance with ADRs—Motor Vehicle Standards Act

(1) A vehicle need not comply with an ADR applied by clause 19(1) or 20(1) if—(a) despite non-compliance with the ADR, approval has been given, under

section 10A(2) or (3) of the Motor Vehicle Standards Act 1989 of theCommonwealth, to place identification plates on vehicles of that type; and

(b) the vehicle complies with the approval conditions (if any).Note: See notes to clause 13.

(2) A vehicle need not comply with an ADR applied by clause 19(1) or 20(1) if—(a) the vehicle may be supplied to the market under section 14A(1) of the Motor

Vehicle Standards Act 1989 of the Commonwealth; and(b) for a vehicle for which an approval has been given under that subsection, the

vehicle complies with the approval conditions (if any).

(3) A vehicle need not comply with an ADR applied by clause 19(1) or 20(1) if—(a) the vehicle may be used in transport in Australia under section 15(2) of the Motor

Vehicle Standards Act 1989 of the Commonwealth; and(b) for a vehicle for which an approval has been given under that subsection, the

vehicle complies with the approval conditions (if any).

23 Partial exception to compliance with ADRs—personally imported vehicles

(1) In this clause—

personally imported vehicle means a vehicle built after 1968 that is imported intoAustralia under regulation 13 of the Motor Vehicle Standards Regulations 1989 ofthe Commonwealth by a person who owned and used the vehicle for a continuousperiod of at least—

(a) in the case of a vehicle owned by the applicant before 9 May 2000, 3months;

(b) in any other case, 12 months—

before it was imported into Australia.

(2) A personally imported vehicle must be fitted with—(a) seat belts that are as effective as seat belts that meet an Australian Standard or

British Standard for seat belts as in force when this clause commenced; and(b) seat belt anchorages that meet the number and location requirements of second or

third edition ADR 5; and(c) child restraint anchorages that meet the number, location, accessibility, thread

size and form requirements of second edition ADR 34 or third edition ADR 5 or34; and

(d) head restraints that meet the number, location and size requirements of second orthird edition ADR 22.

(3) However, a personally imported vehicle need only meet the requirements of an ADRreferred to in subclause (2) if the ADR recommends that it should apply, or applies, to avehicle of the same type.

(4) A personally imported vehicle need not otherwise comply with an ADR applied byclause 19(1) or 20(1).

Part 4 – Adopted Standards



24 What is an adopted standard?An adopted standard is a standard, except a national standard, that is applied, adopted or

incorporated by the Vehicle Standards.Example: Clause 53 adopts Australian Standard AS 1973-1993 Pneumatic Tyres—Passenger Car, Light Truckand Truck/Bus—Retreading and Repair Processes.

[Cl 24 am SR 150 of 2013, reg 54]

25 Reference to adopted standardsUnless the contrary intention appears, a reference in a clause or subclause to an adopted

standard is a reference to the standard as in force when the clause or subclause commenced.

26 Exception to compliance with adopted standardsA vehicle need not comply with an adopted standard if—

(a) the standard is replaced by, or is inconsistent with, a later version of the standard;and

(b) the vehicle complies with the later version of the standard.

Part 5 – General Safety RequirementsNote: For a vehicle to be operated safely, the vehicle needs to be properly designed to minimise the potentialfor accidents and harm to other road users.

This Part sets out various requirements covering the driver’s view from a vehicle, the driver’s control of a vehicle,protection of vehicle occupants and other road users, and other general safety features.

Division 1 – All vehicles

27 Steering




(1) [Repealed]

(2) A motor vehicle must have a right-hand drive if the vehicle is less than 30 years old.

(3) A motor vehicle has a right-hand drive if the centre of at least one steering control ofthe vehicle is to the right of, or in line with, the centre of the vehicle.

(4) A component of the steering system of a motor vehicle that is essential for effectivesteering of the vehicle must be built to transmit energy by mechanical means only.

(5) Failure of a non-mechanical component of the steering system must not preventeffective steering of the vehicle.

(6) This clause does not apply to a vehicle if the vehicle is built mainly for a purposeother than the transport of goods or people by road.[Cl 27 am SR 150 of 2013, reg 55]

28 Turning ability

(1) A motor vehicle must be able to turn in a circle not over 25 metres in diameter,measured by the outer edge of the tyre track at ground level.

(2) The vehicle must be able to comply with subclause (1) whether it turns to the left orto the right.

29 Ability to travel backwards and forwardsA motor vehicle with an unloaded mass over 450 kilograms must be able to be driven

both backwards and forwards when the driver is in the normal driving position.

30 Protrusions

(1) An object fitted to a vehicle must be designed, built and fitted to the vehicle in a waythat minimises the likelihood of injury to a person making contact with the vehicle.

(2) Subclause (1) does not apply to an object fitted to a vehicle if—(a) the vehicle was designed before 1965 and the object was part of the design of the

vehicle; or(b) the object was fitted to the vehicle before 1965 in accordance with the law of the

place where the object was fitted.

31 Driver’s view and vehicle controlsA motor vehicle must be built—

(a) to allow the driver a view of the road and of traffic to the front and sides of thevehicle so the driver can drive the vehicle safely; and

(b) with its controls located so the driver can drive the vehicle safely.

32 SeatingA seat for a driver or passenger in a vehicle must be securely attached to the vehicle.

33 Mudguards and spray suppression

(1) A vehicle must have firmly fitted a mudguard for each wheel or for adjacent wheels.

(2) Subclause (1) does not apply to a vehicle if—(a) the construction or use of the vehicle makes the fitting of mudguards unnecessary

or impracticable; or



(b) the body or part of the body of the vehicle acts as a mudguard.Example: Subclause (2)(a) would apply to:

1 Most road-making plant;2 Some agricultural equipment.

(3) [Repealed]

(4) A mudguard may be up to—(a) 230 millimetres above ground level; or(b) on a vehicle built to be used off-road, 300 millimetres above ground level.

(5) The outside of a rear mudguard, except a mudflap, of a vehicle that can be seen fromthe rear of the vehicle must be coloured white or silver if the vehicle—

(a) is at least 2.2 metres wide; and(b) has a body the vertical measurement of which is under 300 millimetres at the

rear, measured from the lowest point of the body above ground level to thehighest point; and

(c) is not fitted with rear marking plates in accordance with clause 119 of thisSchedule.

(6) For the purposes of subclause (5)(a), the width of a vehicle is measured disregardingthe following—

(a) any rear vision mirrors, signalling devices and side-mounted lamps and reflectors;(b) any anti-skid devices mounted on wheels, central tyre inflation systems and tyre

pressure gauges;(c) any permanently fixed webbing assembly-type devices, provided that the

maximum distance across the body including any part of the devices does notexceed 2.55 metres.Example: Curtain-side devices are an example of permanently fixed webbing assembly-typedevices.

[Cl 33 am SR 201 of 2014, reg 19; SR 150 of 2013, reg 56]

34 Horns, alarms etc.

(1) A motor vehicle must be fitted with at least one horn or other device that can givesufficient audible warning to other road users of the approach or position of the vehicle.

(2) A motor vehicle must not be fitted with a device that can make a sound like thesound of a siren, exhaust whistle, compression whistle or repeater horn.

(3) Subclause (2) does not apply to—(a) a police vehicle; or(b) an emergency vehicle; or(c) a transport enforcement vehicle; or(d) an Australian Protective Service vehicle; or(e) an Australian Border Force vehicle; or(f) an Airservices Australia vehicle; or(g) a vehicle at least 25 years old that is fitted as a police or emergency vehicle if—

(i) the vehicle is used for exhibition purposes; or(ii) it is part of a collection of former police vehicles or emergency

vehicles; or(h) an anti-theft alarm if the alarm cannot be operated while the vehicle’s ignition is

on.



(4) A motor vehicle may be fitted with a device that emits a regular, intermittent soundwhile the vehicle is reversing or in reverse gear.

(5) The device must not be louder than is necessary so the driver, and a person near thevehicle, can hear the device when it is operating.[Cl 34 am SR 93 of 2016, reg 5]

35 Rear vision mirrors

(1) A rear vision mirror or mirrors must be fitted to a motor vehicle as required by thisclause so that the vehicle’s driver, when in a normal driving position, can clearly see byreflection the road behind the vehicle and any following or overtaking vehicle.

(2) At least one rear vision mirror must be fitted to—(a) a car; and(b) a motor trike with 2 front wheels; and(c) a motor cycle, or motor trike with one front wheel, built before July 1975.

(3) At least one rear vision mirror must be fitted to each side of—(a) a motor vehicle with a GVM over 3.5 tonnes; and(b) a motor cycle, or motor trike with one front wheel, built after June 1975.

(4) A motor vehicle with a GVM not over 3.5 tonnes (except a motor vehicle mentionedin subclause (2) or (3)) must be fitted with—

(a) at least one rear vision mirror on the right side of the vehicle; and(b) at least one rear vision mirror on the left side of the vehicle or inside the vehicle.

(5) A rear vision mirror fitted to a motor vehicle with a GVM over 3.5 tonnes must notproject over 150 millimetres beyond the width of the vehicle, measured in accordance withsubclause (7).

(6) Despite subclause (5), the rear vision mirror may project up to 230 millimetresbeyond the widest part of the vehicle or combination if it can fold to project not more than150 millimetres beyond the width of the vehicle, measured in accordance withsubclause (7).

(7) For the purposes of subclauses (5) and (6), the width of a vehicle is measureddisregarding the following—


pressure gauges;(c) any permanently fixed webbing assembly-type devices such as curtain-side

devices, provided that the maximum distance across the body including any partof the devices does not exceed 2.55 metres.Example: Curtain-side devices are an example of permanently fixed webbing assembly-typedevices.

[Cl 35 am SR 201 of 2014, reg 20]

36 Rear vision mirrors—surfaces

(1) A rear vision mirror required to be fitted to the side of a motor vehicle with a GVMover 3.5 tonnes must have a reflecting surface of at least 150 square centimetres.

(2) [Repealed]



(3) The reflecting surface of the rear vision mirrors that are required to be fitted to amotor cycle or moped under clause 35 must—

(a) each be of the same curvature; and(b) if convex, be part of a notional sphere with a radius of at least 1.2 metres.

[Cl 36 am SR 201 of 2014, reg 21]

37 Additional rear vision mirrorsA motor vehicle may be fitted with additional rear vision mirrors or mirror surfaces that

are flat or convex or a combination of flat and convex surfaces.

38 Automatic transmission

(1) A motor vehicle fitted with an automatic transmission must have an engine startermechanism that cannot operate when the transmission control is in a position to drive thevehicle.

(2) A vehicle built after 1975 that is fitted with an automatic transmission must have anindicator in the driver’s compartment showing the transmission control position.

(3) Subclauses (1) and (2) do not apply to a motor vehicle with less than 4 wheels.

39 Diesel enginesA motor vehicle propelled by a compression ignition engine (commonly known as a

diesel engine) must be fitted with a device preventing the engine from being startedaccidentally or inadvertently.

40 Bonnet securing devices

(1) A motor vehicle with a moveable body panel forward of the windscreen that coversan engine or luggage storage or battery compartment, must have a device to secure thepanel.

(2) Despite subclause (1), if the panel opens from the front in a way that partly orcompletely obstructs the driver’s forward view through the windscreen, the panel must haveprimary and secondary devices to secure the panel.

41 Electrical wiring, components connections and installations

(1) The wiring of electrical equipment of a vehicle, except the high tension ignitionwiring, must—

(a) be supported at intervals of not over 600 millimetres, unless the vehicle is apole-type trailer with a pole with an adjustable length, or an extendible trailer;and

(b) be insulated at each of its joints; and(c) be located where it cannot—

(i) become overheated; or(ii) contact moving parts; or

(iii) come near enough to the fuel system to be a fire hazard; and(d) be protected from chafing.

(2) The electrical components of a vehicle must be securely mounted.

(3) The electrical connectors between motor vehicles and trailers, for the operation ofthe vehicle lights required by the Vehicle Standards, must comply with at least one of thefollowing—



(a) Australian Standard AS 2513—1982 Electrical Connections for Trailer Vehicles;(b) International Standards Organisation ISO 1185—1997;(c) Society of Automotive Engineers SAE J 560—1998;(d) Australian Standard AS 4735—2003 Heavy road vehicles—Electrical connectors

for articulated vehicles.

(4) A trailer must be equipped with an electrical conductor, independent of the trailercoupling, that provides a return path between the electrical circuits of the trailer and towingvehicle.

(5) [Repealed][Cl 41 am SR 201 of 2014, reg 22; SR 150 of 2013, reg 57]

42 Television receivers and visual display units

(1) A television receiver or visual display unit must not be installed in a vehicle so anypart of the image on the screen is visible to the driver from the normal driving position.

(2) Subclause (1) does not apply to—(a) a television receiver or visual display unit that cannot be operated when the

vehicle is moving; or(b) a driver’s aid in any vehicle or a destination sign in a bus.

Example:1 Closed-circuit television security cameras.2 Dispatch systems.3 Navigational or intelligent highway and vehicle system equipment.4 Rearview screens.5 Ticket-issuing machines.6 Vehicle monitoring devices.

(3) A television receiver, or visual display unit, and its associated equipment in a vehiclemust be securely mounted in a position that—

(a) does not obscure the driver’s view of the road; and(b) does not impede the movement of a person in the vehicle.

43 Windscreens and windows

(1) Transparent material used in a windscreen, window, or an interior partition, of amotor vehicle must be of approved material if—

(a) the vehicle was built after June 1953; or(b) the material was first fitted to the vehicle after June 1953.


approved material means material with the same characteristics as material mentionedin any of the following standards—

(a) Australian Standard AS R1–1965 Safety Glass for Land Transport;(b) Australian Standard AS R1–1968 Safety Glass for Land Transport;(c) Australian Standard AS 2080–1977 Safety Glass for Vehicles;(d) British Standard BS 857:1967 Specification for Safety Glass for Land

Transport;(e) British Standard BS 5282:1975 Specification for Road Vehicle Safety

Glass;



(f) British Standard BS AU178:1980 Specification for Road VehicleSafety Glass;

(g) Japanese Industrial Standard JIS R 3211–1979 Safety Glasses for RoadVehicles;

(h) American National Standard ANSI Z26.1–1980 Safety Code for SafetyGlazing Materials for Glazing Motor Vehicles Operating on LandHighways;

[Def am SR 150 of 2013, reg 58]

transparent material does not include any coating added to the windscreen, window orpartition after its manufacture.

44 Window tinting

(1) Glazing used in a windscreen of a motor vehicle must have a luminous transmittanceof at least 70%.

(2) Glazing used in a windscreen of a motor vehicle must not be coated in a way thatreduces its luminous transmittance.

(3) Subclauses (1) and (2) do not apply to the greater of the following areas of awindscreen—

(a) the area above the highest point of the windscreen that is swept by a windscreenwiper;

(b) the upper 10% of the windscreen.

(4) Glazing used in a window or interior partition of a motor vehicle must have aluminous transmittance of at least 70%.

(5) Glazing used in a window or interior partition of a motor vehicle may be coated toachieve a luminous transmittance of not less than 35%.

(6) The requirements about luminous transmittance applying to glazing used in awindow of a motor vehicle stated in a second edition ADR or third edition ADR do notapply to a window that has been coated as provided in subclause (5).

(7) Glazing used in a windscreen, window or interior partition of a motor vehicle thathas been coated to reduce its luminous transmittance must not have a reflectance of morethan 10%.


glazing means material that may be used in a windscreen, window or interior partitionof a motor vehicle, through which the vehicle’s driver can see the road, but doesnot include a coating added after manufacture of the material;

luminous transmittance, for glazing, means the amount of light that can pass throughthe glazing as a percentage of the amount of light that would be transmitted if theglazing were absent.

[Cl 44 subst SR 201 of 2014, reg 23]

45 Windscreen wipers and washers

(1) A motor vehicle with 3 or more wheels that is fitted with a windscreen must be fittedwith at least one windscreen wiper unless a driver in a normal driving position can obtain anadequate view of the road ahead of the motor vehicle without looking through thewindscreen.



(2) At least one windscreen wiper fitted to the motor vehicle must—(a) be able to remove moisture from the part of the windscreen in front of the driver

to allow the driver an adequate view of the road ahead of the motor vehicle whenthe windscreen is wet; and

(b) be able to be operated from a normal driving position; and(c) for a motor vehicle built after 1934, continue to operate until the wiper is

switched off; and(d) for a motor vehicle built after 1959 the driving position of which is nearer one

side of the vehicle than the other—(i) be able to remove moisture from the part of the windscreen in front of

the driver, and a corresponding part of the windscreen on the other sideof the centre of the motor vehicle, to allow the driver an adequate viewof the road ahead of the motor vehicle when the windscreen is wet; and

(ii) if the windscreen wipers are operated by engine manifold vacuum, beprovided with a vacuum reservoir or pump to maintain the efficientoperation of the wiper or wipers while the vehicle is in motion.

(3) [Repealed]

(4) The windscreen washer must be able to be operated from a normal driving position.[Cl 45 am SR 150 of 2013, reg 59]

46 Wheels and tyres—size and capacityThe wheels and tyres fitted to an axle of a vehicle must be of sufficient size and capacity

to carry the part of the vehicle’s gross mass transmitted to the ground through the axle.

47 Pneumatic tyres generallyA vehicle built after 1932 must be fitted with pneumatic tyres.

48 Pneumatic tyres—carcass construction

(1) A vehicle must not have pneumatic tyres of different carcass construction fitted to thesame axle, but the tyres may have different cord materials and a different number of plies.

(2) Subclause (1) does not apply to a tyre being used in an emergency as a temporaryreplacement for a tyre complying with that subclause.[Cl 48 am SR 150 of 2013, reg 60]

49 Pneumatic tyres—size and capacityThe size and capacity of a pneumatic tyre to be fitted to a vehicle must be decided using

a cold inflation pressure that is not more than the lesser of—(a) the pressure recommended by the tyre manufacturer; and(b) a pressure of—

(i) for a radial ply tyre, 825 kilopascals; or(ii) for another tyre, 700 kilopascals.

50 Tyres—defectsA tyre fitted to a vehicle must be free of any apparent defect that could make the vehicle

unsafe.

51 Tyres for use on vehicles with GVM over 4.5 tonnes [Repealed][Cl 51 am SR 150 of 2013, reg 61]



52 Tyres—manufacturer’s rating

(1) This clause applies to a motor vehicle if the vehicle—(a) has 4 or more wheels; and(b) was built after 1972.

(2) This clause does not apply to a tyre if the tyre—(a) is recommended by the vehicle builder as suitable for limited use on the vehicle

in special circumstances at a speed less than the speed applying to the vehicleunder subclause (3); or

(b) is being used in an emergency as a temporary replacement for a tyre complyingwith this clause.

(3) A tyre fitted to a motor vehicle must, when first manufactured, have been rated bythe tyre manufacturer as suitable for road use at the lesser of—

(a) a speed of at least—(i) for a car with special features for off-road use, 140 km/h; or

(ii) for any other car, 180 km/h; or(iii) for any other motor vehicle, 120 km/h; and

(b) the vehicle’s top speed.Example: A four-wheel drive vehicle is a car referred to in clause 52(3)(a)(i).

(4) This clause applies to a vehicle instead of the tyre speed category requirements in therelevant ADR.[Cl 52 am SR 150 of 2013, reg 62(a) and (b)]

53 RetreadsA tyre that is retreaded after the commencement of this clause on 8 November 2009 must

not be used on a vehicle if—(a) Australian Standard AS 1973–1993 Pneumatic Tyres—Passenger Car, Light

Truck and Truck/Bus—Retreading and Repair Processes applies to the tyre; and(b) the tyre was not retreaded in accordance with the Australian Standard.

Note: The Australian Standards mentioned in this clause require various markings on retreaded tyres. Thesemay include a speed rating less than the rating originally marked on the tyre.

54 Tyre tread

(1) A tyre on a motor vehicle must not have cleats or other gripping devices that coulddamage road surfaces.

(2) Except at tread wear indicators, a tyre fitted to the vehicle must have a tread patternat least 1.5 millimetres deep in a band that runs continuously—

(a) across the tyre width that normally comes into contact with the road; and(b) around the whole circumference of the tyre.

(3) A vehicle must not be fitted with a tyre that has been treated by recutting orregrooving the tread rubber, unless the tyre was—

(a) constructed with an extra thickness of rubber designed for recutting orregrooving; and

(b) labelled to indicate the construction.[Cl 54 am SR 150 of 2013, reg 62(c)]

Division 2 – Additional requirements for motor cycles



55 Steering gear and handlebars

(1) The handlebars on a motor cycle must extend at least 250 millimetres, but not over450 millimetres, on each side of the centre line of the vehicle.

(2) In taking a measurement for subclause (1), mirrors and lights mounted on thehandlebars of the motor cycle are disregarded.

(3) The lowest part of the hand grip on the handle bars must not be higher than380 millimetres above the attachment point of the handlebars to the motor cycle.

(4) Hand grips on the handlebars must be fitted symmetrically.

(5) If a motor cycle has the head stem as the steering pivot point, the horizontal distancefrom the midpoint between the head stem bearings to the centre of the front wheel must notbe over 550 millimetres.

56 Foot restsA motor cycle must be fitted with foot rests for the driver, and for any passenger for

whom a seating position is provided.

57 Chain guards

(1) If the engine power of a motor cycle is transmitted to the rear wheel by a chain, thedriver and any passenger must be protected from the front sprocket and at least the upperpart of the chain by—

(a) the frame or equipment of the motor cycle; or(b) a chain guard.

(2) A chain guard must cover the chain to a point—(a) at least 300 millimetres to the rear of the rearmost foot rest; or(b) above the centre of the rear drive sprocket.

Part 6 – Vehicle MarkingNote: This Part contains requirements for a vehicle that help to identify the vehicle and, if the vehicle isunusually long, to warn other motorists.



58 Vehicle and engine identification numbers




(1) In this clause, number includes letter.

(2) A motor vehicle must have an individual engine identification number clearlystamped, embossed or otherwise permanently marked on it.

(3) A motor vehicle built after 1930 must have the engine identification number on itsengine block or the main component of its engine.

(4) A vehicle must have an individual vehicle identification number clearly stamped,embossed or otherwise permanently marked on a substantial part of its frame or chassis.

(5) A vehicle or engine identification number must be located where a person can read iteasily without having to use tools to remove a part of the vehicle that would otherwiseobstruct the person’s view.

58A Identification plateIf a vehicle is required by the Motor Vehicle Standards Act 1989 of the Commonwealth

to have an identification plate, it must have one.

59 White or silver band on certain vehicles

(1) This clause applies to a vehicle that—(a) is at least 2.2 metres wide; and(b) has a body with a vertical measurement under 300 millimetres at the rear,

measured from the lowest point of the body above ground level to the highestpoint; and

(c) is not fitted with rear marking plates in accordance with clause 119.

(2) For the purposes of subclause (1)(a), the width of a vehicle is measured disregardingthe following—




(3) The vehicle must have a white or silver band at least 75 millimetres high across thefull width of the rearmost part of the body of the vehicle.[Cl 59 am SR 201 of 2014, reg 24]

60 Warning signs for vehicles over 22 metres long [Repealed][Cl 60 rep SR 150 of 2013, reg 62(d)]

61 Warning signs for pilot and escort vehiclesThe requirements for warning signs for pilot and escort vehicles that accompany class O

vehicles are contained in Part 5 of Schedule 7.[Cl 61 am SR 150 of 2013, reg 62(e)]

62 Specifications for warning signs [Repealed][Cl 62 rep SR 150 of 2013, reg 62(f)]

63 Left-hand drive signs [Repealed][Cl 63 rep SR 150 of 2013, reg 62(g)]



Part 7 – Vehicle Configuration and DimensionsNote: This Part sets out various requirements covering the suspension on vehicles and size limits for singlevehicles and combinations of vehicles, so that they can be operated safely with other traffic, without taking up toomuch road space or damaging the road and structures on the road.

Generally, the limits in this Part apply to a vehicle and any load it may be carrying.

Specific requirements for loaded vehicles are covered by other laws.

Division 1 – Axles

64 Axle configuration




(1) A motor vehicle must have only—(a) one axle group, or single axle, towards the front of the vehicle; and(b) one axle group, or single axle, towards the rear of the vehicle.

(2) [Repealed]

(3) A trailer must have only—(a) one axle group or single axle; or(b) 2 axle groups, 2 single axles, or one axle group and single axle, in the following

configuration—(i) one axle group, or single axle, towards the front of the vehicle, with all

the wheels on the axle group or single axle connected to the steeringmechanism for that part of the trailer;

(ii) one axle group, or single axle, towards the rear of the vehicle.

(4) A semi-trailer that is extendible, or is fitted with sliding axles, must—(a) have a securing device that—

(i) can securely fix the extendible part or sliding axles to the rest of thevehicle in any position of adjustment provided; and

(ii) is located in a position that can prevent accidental or inadvertentrelease, if the device is mounted on the chassis of the vehicle; and

(iii) is fitted with a visible or audible warning system to indicate to a personstanding beside the vehicle that the device is not engaged; and

(iv) is fitted with a way of preventing loss of air from the air brake supply,if the device uses air from the brake system and fails in a way allowingair to escape; and

(v) is held in the applied position by direct mechanical action without theintervention of an electric, hydraulic or pneumatic device; and

(b) be built so the adjustable parts of the vehicle remain connected if the securingdevice fails.

[Cl 64 am SR 150 of 2013, reg 62(h) and (i)]

65 Relation between axles in axle group [Repealed][Cl 65 rep SR 150 of 2013, reg 62(j)]

Division 2 – Dimensions66 Width

The maximum width for a vehicle is specified in regulation 165 or in Schedule 7.[Cl 66 am SR 150 of 2013, reg 62(k)]

67 Length of single motor vehiclesThe maximum length for a motor vehicle is specified in regulation 166 or in Schedule 7.

[Cl 67 am SR 150 of 2013, reg 62(k)]

68 Length of single trailersThe maximum length for a trailer is specified in regulation 167 or in Schedule 7.

[Cl 68 am SR 150 of 2013, reg 62(k)]

69 Length of combinationsThe maximum length for combinations is specified in regulation 168 or in Schedule 7.

[Cl 69 am SR 150 of 2013, reg 62(k)]



70 Rear overhangThe requirements in respect of the rear overhang of vehicles are specified in

regulation 169 or in Schedule 7.

71 Trailer drawbar lengthThe requirements in respect of the length of trailer drawbars are specified in

regulation 170.

72 HeightThe maximum height for vehicles is specified in regulation 164 or in Schedule 7.

[Cl 72 am SR 150 of 2013, reg 62(k)]

73 Ground clearanceThe requirements for the ground clearance of vehicles are specified in regulation 171.

Part 8 – Lights and ReflectorsNote: This Part deals with how the lights on a vehicle must be fitted and works so that the driver can see theroad, pedestrians and other vehicles at night, and can signal to others.

Other laws provide for when certain lights must be switched on.

In this Part, the description “yellow” is used as a more modern term, instead of the description “amber” which isused in earlier legislation and some ADRs.

Division 1 – General requirements for lights

74 Certain requirements apply only at nightThe requirements of this Part for a light, except a brake or direction indicator light, to be

visible over a stated distance apply only at night.

75 Prevention of glareA light, except a high-beam headlight, fitted to a vehicle must be built and adjusted to

provide the necessary amount of light, without dazzling the driver of another vehicleapproaching, or being approached by, the vehicle.

76 Pairs of lights




(1) If lights are required under the Vehicle Standards to be fitted to a vehicle in pairs—(a) a light must be fitted on each side of the longitudinal axis of the vehicle; and(b) the centre of each light in a pair must be the same distance from the longitudinal

axis of the vehicle; and(c) the centre of each light in a pair must be at the same height above ground level;

and(d) each light in a pair must project approximately the same amount of light of the

same colour.

(2) Subclause (1) applies to a motor cycle with an attached sidecar as if the sidecar werenot attached.

Division 2 – Headlights77 Headlights to be fitted to vehicles

(1) A motor vehicle must be fitted with—(a) one low-beam headlight if it is a moped, motor cycle, or motor trike with one

front wheel; or(b) a pair of low-beam headlights if it has 4 or more wheels or is a motor trike,

except a moped, with 2 front wheels.

(2) If a motor vehicle built after 1934 can travel at over 60 km/h—(a) each low-beam headlight mentioned in subclause (1) must be able to work in the

high-beam position; or(b) the vehicle must be fitted with—

(i) one headlight that can work in the high-beam position if the vehicle isrequired to have one low-beam headlight; or

(ii) a pair of headlights that can work in the high-beam position.

(3) A motor cycle may be equipped with a headlight modulation system that—(a) varies the brightness of its high-beam headlight or low-beam headlight, but not

both, at a rate of at least 200 flashes a minute and at most 280 flashes a minute;and

(b) is designed to operate only in the daytime.

(4) Additional headlights may be fitted to a motor cycle or motor trike, or a motorvehicle with 4 or more wheels that was built before 1970.

(5) Additional pairs of headlights may be fitted to a motor vehicle with 4 or more wheelsthat was built after 1969.

78 How headlights are to be fitted

(1) The centres of low-beam headlights fitted as a pair on a motor vehicle with 4 ormore wheels must be at least 600 millimetres apart.

(2) Subclause (1) does not apply to a motor vehicle built before 1970 if the centres of itslow-beam headlights—

(a) were under 600 millimetres apart when the vehicle was built; and(b) are not nearer than they were when the vehicle was built.

(3) Each low-beam headlight of a pair on a motor trike (except a moped) with 2 frontwheels must not be over 400 millimetres from the nearer side of the vehicle.



(4) The centre of a low-beam headlight fitted to a motor vehicle built after June 1953must be—

(a) at least 500 millimetres above ground level; and(b) not over 1.4 metres above ground level.

79 How single headlights are to be fitted

(1) A motor cycle or trike with a single headlight fitted must have the light fitted in thecentre.


80 How additional headlights are to be fittedIf 2 or more additional headlights are fitted to a motor vehicle with 4 or more wheels, the

additional headlights must as far as possible be fitted in pairs.

81 Performance of headlights

(1) When on, a headlight, or additional headlight, fitted to a vehicle must—(a) show only white light; and(b) project its main beam of light ahead of the vehicle.

(2) Headlights must be fitted to a vehicle so their light does not reflect off the vehicleinto the driver’s eyes.

82 Effective range of headlights

(1) This clause applies to a headlight that is on at night.

(2) A low-beam headlight must illuminate the road ahead of the vehicle for at least25 metres.

(3) A high-beam headlight must illuminate the road ahead of the vehicle for at least50 metres.

(4) However, a low-beam headlight fitted to a motor vehicle built before 1931, or amoped, need only illuminate the road ahead of the vehicle for 12 metres.

83 Changing headlights from high-beam to low-beam position

(1) A motor vehicle built after 1934 that can travel at over 60 km/h must be fitted with—(a) a dipping device enabling the driver in the normal driving position—

(i) to change the headlights from the high-beam position to the low-beamposition; or

(ii) simultaneously to switch off a high-beam headlight and switch on alow-beam headlight; and

(b) for a vehicle built after June 1953, a device to indicate to the driver that theheadlights are in the high-beam position.

(2) A headlight fitted to a vehicle not fitted with a dipping device mentioned insubclause (1)(a) must operate in the low-beam position.

(3) When a headlight fitted to a vehicle is switched to the low-beam position, any otherheadlight on the vehicle must operate only in the low-beam position or be off.

Division 3 – Parking lights



84 Parking lights

(1) A motor vehicle built after June 1953 must be fitted with—(a) a pair of parking lights if it is a motor trike with 2 front wheels (except a moped)

or a motor vehicle with 4 or more wheels; or(b) at least one parking light if it is a motor cycle with an attached sidecar, or a motor

trike with one front wheel, (except a moped).

(2) A pair of parking lights fitted to a motor vehicle with 4 or more wheels must be fittedwith the centre of each light—

(a) at least 600 millimetres from the centre of the other light; and(b) not over 510 millimetres from the nearer side of the vehicle.

(3) However, a pair of parking lights fitted to a motor vehicle under 1300 millimetreswide may be fitted with the centre of each light not under 400 millimetres from the centre ofthe other light.

(4) A parking light fitted to a motor trike with 2 front wheels must not be over400 millimetres from the nearer side of the vehicle.

(5) A parking light fitted to a motor cycle with a sidecar must be fitted not over150 millimetres from the side of the sidecar furthest from the motor cycle.

(6) When on, a parking light must—(a) show a white or yellow light visible 200 metres from the front of the vehicle; and(b) not use over 7 watts of power.

(7) A parking light fitted to a motor vehicle built after 1969 must be wired so theparking light is on when a headlight on the vehicle is on.

(8) A parking light fitted to a sidecar attached to a motor cycle must be wired to operatewhen a headlight, tail light or parking light on the motor cycle is on.

(9) For the purposes of subclause (3), the width of a vehicle is measured disregardingthe following—






[Cl 84 am SR 201 of 2014, reg 25]

Division 4 – Daytime running lights

85 Daytime running lights

(1) A pair of daytime running lights may be fitted to a motor vehicle.

(2) A pair of daytime running lights fitted to a vehicle with 4 or more wheels must befitted with the centre of each light—

(a) at least 600 millimetres from the centre of the other light; and(b) not over 510 millimetres from the nearer side of the vehicle.

(3) However, a pair of daytime running lights fitted to a motor vehicle under1300 millimetres wide may be fitted with the centre of each light not under 400 millimetresfrom the centre of the other light.

(4) When on, a daytime running light must—(a) show a white or yellow light visible from the front of the vehicle; and(b) not use over 25 watts of power.

Note: The third edition ADRs only allow white daytime running lights.

(5) Daytime running lights must be wired so they are off when a headlight, except aheadlight being used as a flashing signal, is on.


(a) any rear vision mirrors, signalling devices and side-mounted lamps and reflectors;



(b) any anti-skid devices mounted on wheels, central tyre inflation systems and tyrepressure gauges;

(c) any permanently fixed webbing assembly-type devices, provided that themaximum distance across the body including any part of the devices does notexceed 2.55 metres.Example: Curtain-side devices are an example of permanently fixed webbing assembly-typedevices.

[Cl 85 am SR 201 of 2014, reg 26]

Division 5 – Tail lights

86 Tail lights generally

(1) A vehicle must have at least one tail light fitted on or towards the rear of the vehicle.

(2) A motor trike with 2 rear wheels, or a motor vehicle with 4 or more wheels, builtafter 1959 must have at least one tail light fitted on or towards each side of the rear of thevehicle.

(3) A trailer built after June 1973 must have at least one tail light fitted on or towardseach side of the rear of the vehicle.

(4) The centre of a tail light mentioned in subclause (1), (2) or (3) must not be over—(a) 1.5 metres above ground level; or(b) if it is not practicable to fit the light lower—2.1 metres above ground level.



(5) A vehicle may have one or more additional tail lights at any height above groundlevel.

87 Pattern of fitting tail lights

(1) If only one tail light is fitted to a vehicle, it must be fitted in the centre or to the rightof the centre of the vehicle’s rear.


(3) If 2 or more tail lights are fitted to a vehicle, at least 2 must be fitted as a pair.

(4) Tail lights fitted in accordance with this Division may also serve as rear clearancelights if they are fitted to a vehicle in accordance with clause 93(3).[Cl 87 am SR 150 of 2013, reg 62(l)]

88 Performance of tail lights

(1) When on, a tail light of a vehicle must—(a) show a red light visible 200 metres from the rear of the vehicle; and(b) not use over 7 watts of power.

(2) A tail light fitted to a street rod vehicle may incorporate a blue lens not over20 millimetres in diameter.

89 Wiring of tail lightsA tail light of a motor vehicle must be wired to come on, and stay on, when a parking

light or headlight on the vehicle is on, unless an external switch is fitted to operate the taillight.

Division 6 – Number plate lights

90 Number plate lights

(1) At least one number plate light must be fitted to the rear of a vehicle.

(2) When on, the number plate light or lights must illuminate a number plate on the rearof the vehicle with white light, so the characters on the number plate can be read at night20 metres from the rear of the vehicle.

(3) A number plate light—(a) may be combined with another light; and(b) must not project white light to the rear of the vehicle except by reflection; and(c) must not obscure the characters on the number plate; and(d) must be wired to come on, and stay on, when a parking light, headlight or tail

light on the vehicle is on.

Division 7 – Clearance lights

91 Front clearance lights

(1) Front clearance lights may only be fitted to a vehicle that is at least 1.8 metres wide.

(2) A pair of front clearance lights must be fitted to a motor vehicle that is at least2.2 metres wide, or a prime mover.



(3) The centre of a front clearance light must be—(a) not over 400 millimetres from the nearer side of the vehicle; and(b) if the vehicle was built after June 1953—

(i) at least 750 millimetres higher than the centre of any low-beamheadlight fitted to the vehicle; or

(ii) not lower than the top of the windscreen.

(4) However, a front clearance light may be mounted on an external rear vision mirror ora mirror support if, when the mirror is correctly adjusted, no part of the lens of the clearancelight is visible to a person in the normal driving position.

(5) When on, a front clearance light must—(a) show a yellow or white light visible 200 metres from the front of the vehicle; and(b) not use over 7 watts of power.

92 External cabin lights

(1) A motor vehicle fitted with front clearance lights may also have additionalforward-facing lights on or above the roof of its cabin.

(2) The additional forward-facing lights must be spaced evenly between the frontclearance lights, with their centres at least 120 millimetres apart.

(3) When on, an additional forward-facing light must—(a) show a yellow or white light; and(b) not use over 7 watts of power.

93 Rear clearance lights

(1) Rear clearance lights may only be fitted to a vehicle that is at least 1.8 metres wide.

(2) A pair of rear clearance lights must be fitted to the rear of a vehicle that is at least2.2 metres wide.

(3) The centre of a rear clearance light must be—(a) not over 400 millimetres from the nearer side of the vehicle; and(b) if practicable, at least 600 millimetres above ground level.

(4) When on, a rear clearance light must—(a) show a red light visible 200 metres from the rear of the vehicle; and(b) not use over 7 watts of power.

Division 8 – Side marker lights

94 Vehicles needing side marker lights

(1) A pair of side marker lights must be fitted towards the rear of the sides of a motorvehicle that is over 7.5 metres long and at least 2.2 metres wide.

(2) A pole-type trailer, and a motor vehicle built to tow a pole-type trailer, with at leastone cross-bar or bolster must have a side marker light fitted to each side of the back or onlycross-bar or bolster.

(3) A pole-type trailer with 2 or more cross-bars or bolsters may also have a side markerlight fitted to each side of the front cross-bar or bolster.



(4) At least 2 side marker lights must be fitted to each side of—(a) a trailer, except a pole-type trailer, that is at least 2.2 metres wide and not over

7.5 metres long; and(b) a semi-trailer that is not over 7.5 metres long.

(5) At least 3 side marker lights must be fitted to each side of—(a) a trailer, except a pole-type trailer, that is at least 2.2 metres wide and over

7.5 metres long; and(b) a semi-trailer that is over 7.5 metres long.

(6) For the purposes of subclauses (1), (4) and (5), the width of a vehicle is measureddisregarding the following—




[Cl 94 am SR 201 of 2014, reg 27]

95 Location of side marker lights

(1) The centre of a side marker light must not be over 150 millimetres from the nearerside of the vehicle.

(2) A front side marker light fitted to a motor vehicle must be towards the front of theside of the vehicle with no part of the lens visible to the driver.

(3) The centre of a front side marker light fitted to a trailer must be—(a) within 300 millimetres of the front of the side of the trailer; or(b) if the construction of the trailer makes it impracticable to comply with

paragraph (a), as near as practicable to the front of the trailer.

(4) The centre of a rear side marker light fitted to a vehicle must be—(a) within 300 millimetres of the rear of the side of the vehicle; or(b) if the construction of the vehicle makes it impracticable to comply with

paragraph (a), as near as practicable to the rear of the vehicle.

(5) Side marker lights fitted to a vehicle must, as far as practicable, be evenly spacedalong the side of the vehicle.

(6) Subclauses (2) to (5) do not apply to side marker lights fitted to a cross-bar or bolsterof a pole-type trailer.

(7) Only the side marker lights nearest to the rear need be fitted if complying withsubclauses (3) and (4) would result in the front and rear side marker lights being under2.5 metres apart.

(8) A side marker light fitted to a vehicle must be fitted so—(a) its centre is not over—

(i) 1.5 metres above ground level; or(ii) if it is not practicable to fit it lower, 2.1 metres above ground level; and



(b) its centre is at least 600 millimetres above ground level; and(c) it is, as far as practicable, in a row of side marker lights along the side of the

vehicle.

(9) Subclause (8)(a) does not apply to a side marker light that is not required to be fittedto the vehicle by clause 94.

96 Performance of side marker lights

(1) When on, a side marker light fitted to a vehicle must—(a) show a light visible 200 metres from the vehicle; and(b) not use over 7 watts of power.

(2) When on, a side marker light fitted to a vehicle must show—(a) to the front of the vehicle, a yellow light; and(b) to the rear of the vehicle—

(i) if the light also operates as a rear light or reflector, a red light; and(ii) in any other case, a red or yellow light.

(3) However, if a pole-type trailer with 2 or more cross-bars or bolsters has the sidemarker lights permitted by clause 94(3)—

(a) the side marker lights fitted to the front cross-bar or bolster may comply withsubclause (2)(a) only; and

(b) the side marker lights fitted to the back cross-bar or bolster may comply withsubclause (2)(b) only.

97 Side marker lights and rear clearance lightsThe side marker light nearest to the rear of a vehicle may also be a rear clearance light

for clause 93.

Division 9 – Brake lights

98 Fitting brake lights

(1) A brake light must be fitted to the rear of a vehicle built after 1934.

(2) A pair of brake lights must be fitted to the rear of—(a) a motor vehicle built after 1959 that has 4 or more wheels; and(b) a motor trike built after 1959 that has 2 rear wheels; and(c) a trailer built after June 1973.

(3) The centre of a brake light must be—(a) at least 350 millimetres above ground level; and(b) not over—

(i) 1.5 metres above ground level; or(ii) if it is not practicable to fit the light lower—2.1 metres above ground

level.

(4) A vehicle may be fitted with one or more additional brake lights.

(5) The centre of an additional brake light must be at least 350 millimetres above groundlevel.

(6) If only one brake light is fitted to a vehicle, it must be fitted in the centre or to theright of the centre of the vehicle’s rear.




99 Performance and operation of brake lights

(1) When on, a brake light must show a red light visible 30 metres from the rear of thevehicle.

(2) A brake light fitted to a street rod vehicle may incorporate a blue lens not over20 millimetres in diameter.

(3) A brake light fitted to a motor vehicle must come on, if it is not already on, when—(a) for a vehicle with 4 or more wheels or built after 1974, a service brake is applied;

or(b) for another vehicle, the rear wheel brake is applied.

(4) Subclause (3) does not apply if the controls in the vehicle that start the engine are ina position that makes it impossible for the engine to operate.

(5) A brake light on a trailer must come on when—(a) the brake light of the towing vehicle comes on; or(b) a brake control on the towing vehicle, which independently activates the service

brake on the trailer, is operated.

(6) A brake light may be operated by an engine brake, retarder, or similar device if thedevice does not interfere with the proper operation of the brake light.

Division 10 – Reversing lights

100 Reversing lights




(1) One or more reversing lights may be fitted to the rear of a vehicle and on each sidetowards the rear of the vehicle.

(2) A reversing light must have its centre not over 1.2 metres above ground level.

(3) When on, a reversing light must show a white or yellow light to the rear or to theside and rear of the vehicle.Note: Third edition ADRs only allow white reversing lights.

(4) A reversing light fitted to a motor vehicle must be wired so it operates only when thevehicle is reversing or in reverse gear.

(5) A reversing light fitted to a trailer must be wired so it operates only when a motorvehicle towing the trailer is reversing or in reverse gear.

(6) A yellow reversing light may also operate as a direction indicator light.

Division 11 – Direction indicator lights

101 Direction indicator lights on motor vehicles

(1) A motor vehicle with 4 or more wheels that was built after August 1966 or aleft-hand drive motor vehicle must have—

(a) a pair of direction indicator lights fitted on, or towards, its front that faceforwards; and

(b) a pair of direction indicator lights fitted on, or towards, its rear that facebackwards.

(2) A motor vehicle with less than 4 wheels that was built after June 1975 must have—(a) a pair of direction indicator lights fitted on, or towards, its front that face

forwards; and(b) a pair of direction indicator lights fitted on, or towards, its rear that face

backwards.

(3) A motor vehicle that is not required to have direction indicator lights may have—(a) one or more pairs of direction indicator lights that are visible from both the front

and rear of the vehicle; or(b) both—

(i) a pair of direction indicator lights fitted on, or towards, its front thatface forwards; and

(ii) a pair of direction indicator lights fitted on, or towards, its rear thatface backwards.

102 Direction indicator lights on trailers

(1) A trailer built after June 1973 must have a pair of direction indicator lights fitted on,or towards, its rear that face backwards.

(2) A trailer that is not required to have direction indicator lights may have one or morepairs of direction indicator lights fitted on, or towards, its rear that face backwards.

103 Location of direction indicator lights

(1) A pair of direction indicator lights fitted to a vehicle must have the centre of eachlight at least—



(a) for a motor cycle or the single wheel end of a motor trike, 300 millimetres fromthe centre of the other light; and

(b) for lights fitted at the 2 wheel end of a motor trike, 600 millimetres from thecentre of the other light, unless the centre of each direction indicator light is notover 400 millimetres from the nearer side of the vehicle; and

(c) for another vehicle with a width of not over 1300 millimetres, 400 millimetresfrom the centre of the other light; and

(d) for another vehicle with a width of over 1300 millimetres, 600 millimetres fromthe centre of the other light.

(2) The centre of each direction indicator light must be at least 350 millimetres aboveground level.

(3) The centre of each light in a pair of direction indicator lights required to be fitted toa vehicle must not be over—

(a) 1.5 metres above ground level; or(b) if it is not practicable for the light to be fitted lower, 2.1 metres above ground

level.





[Cl 103 am SR 201 of 2014, reg 28]

104 Operation and visibility of direction indicator lights

(1) A direction indicator light fitted to a motor vehicle must—(a) when operating, display regular flashes of light at a rate of not over 120 flashes a

minute, and—(i) for a motor vehicle with 4 or more wheels, at least 60 flashes a minute;

and(ii) for any other motor vehicle, at least 45 flashes a minute; and

(b) be able to be operated by a person in the normal driving position; and(c) be wired to an audible or visible device in the vehicle that tells the driver that the

direction indicator light is operating; and(d) flash at the same time and rate as any other direction indicator lights fitted on the

same side of the vehicle.

(2) A direction indicator light fitted to a side of a trailer must, when operating, flash atthe same time and rate as the direction indicator light or lights fitted to the same side of themotor vehicle towing the trailer.

(3) The flashes of light displayed by a direction indicator light must be—(a) if the light faces forwards, white or yellow; and(b) if the light faces backwards—



(i) yellow; or(ii) for a vehicle built before July 1973, yellow or red; and

(c) if the light faces out from the side of the vehicle—(i) white or yellow towards the front and side; and

(ii) for a vehicle built before July 1973, yellow or red towards the rear andside; and

(iii) for a vehicle built after June 1973, yellow towards the rear and side.Note: The ADRs only allow yellow direction indicator lights.

(4) If a motor vehicle’s direction indicator lights display only yellow light, the vehiclemay be equipped to allow the lights to operate simultaneously on both sides of the vehicle,if a visible or audible signal tells the driver when the lights are operating simultaneously.

(5) When on, a direction indicator light must be visible 30 metres from—(a) if the light faces forwards, the front of the vehicle; or(b) if the light faces backwards, the rear of the vehicle; or(c) if the light faces out from the side of the vehicle, that side of the vehicle.

(6) When on, each direction indicator light in at least one pair of lights fitted on ortowards the front of a prime mover, or a motor vehicle over 7.5 metres long, must be visibleat a point—

(a) 1.5 metres at right angles from the side of the vehicle where the light is fitted;and

(b) in line with the rear of the vehicle.

Division 12 – Fog lights

105 Front fog lights

(1) A pair of front fog lights may be fitted to a motor vehicle with 4 or more wheels.

(2) A pair of front fog lights, or a single front fog light, may be fitted to a motor cycle ortrike.

(3) A pair of front fog lights fitted to a motor vehicle with 4 or more wheels must havethe centre of each light not over 400 millimetres from the nearer side of the vehicle unlessthe centres of the lights are at least 600 millimetres apart.

(4) If the top of the front fog light is higher than the top of any low-beam headlight onthe vehicle, the centre of the fog light must not be higher than the centre of the low-beamheadlight.

(5) A front fog light must—(a) when on—

(i) project white or yellow light in front of the vehicle; and(ii) be a low-beam light; and

(b) be able to be operated independently of any headlight; and(c) be fitted so the light from it does not reflect off the vehicle into the driver’s eyes.

106 Rear fog lights

(1) A vehicle may have fitted to its rear—(a) a pair of rear fog lights; or



(b) one rear fog light fitted on, or to the right, of the centre of the vehicle.

(2) Subclause (1)(b) applies to a motor cycle with an attached sidecar as if the sidecarwere not attached.

(3) A rear fog light must—(a) have its centre—

(i) not over 1.5 metres above ground level; and(ii) at least 100 millimetres from the centre of a brake light; and

(b) when on, project red light behind the vehicle; and(c) not use over 27 watts of power; and(d) be wired to a visible device in the vehicle that tells the driver that the rear fog

light is operating.

Division 13 – Interior lights

107 Interior lightsA vehicle may be fitted with interior lights that illuminate any interior part of the vehicle.

Division 14 – Reflectors generally

108 General requirements for reflectors

(1) A reflector fitted to a vehicle must show a red, yellow or white reflection of lightwhen light is projected directly onto the reflector at night by a low-beam headlight that—

(a) is 45 metres from the reflector; and(b) complies with the Vehicle Standards.

(2) The reflection must be clearly visible from the position of the headlight.

Division 15 – Rear reflectors

109 Rear reflectors

(1) A motor vehicle with 4 or more wheels, and a trailer, must have a rear-facing redreflector towards each side of its rear.

(2) A motor cycle, a sidecar attached to a motor cycle, and a motor trike, must have arear-facing red reflector.

(3) The centre of each reflector must be—(a) at the same height above ground level; and(b) not over 1.5 metres above ground level.

(4) Subclause (3) does not apply to a reflector fitted to a sidecar attached to a motorcycle.

(5) A reflector fitted to a motor vehicle with 4 or more wheels, or a trailer, must not beover 400 millimetres from the nearer side of the vehicle.

(6) A vehicle fitted with rear-facing red reflectors in accordance with subclause (1) or (2)may be fitted with additional red reflectors at any height above ground level or at anydistance from the side of the vehicle.

Division 16 – Side reflectors110 Compulsory side reflectors on pole-type trailers



(1) Yellow or red side-facing reflectors must be fitted to the pole of a pole-type trailerso—

(a) one reflector is fitted to the middle third of the left and right faces of the pole; and(b) the front reflector is not over 3.0 metres from the front of the trailer; and(c) the other reflectors are not over 3.0 metres apart.

(2) Additional side-facing reflectors may be fitted to a pole-type trailer in accordancewith clause 111.

111 Optional side reflectors

(1) A vehicle may be fitted with side-facing reflectors.

(2) A side-facing reflector—(a) towards the front of the vehicle must be yellow or white; and(b) towards the rear of the vehicle must be yellow or red; and(c) on the central part of the vehicle must be yellow.

Division 17 – Front reflectors

112 Compulsory front reflectors on trailers

(1) A front-facing white or yellow reflector must be fitted towards each side of the frontof—

(a) a semi-trailer, except a pole-type trailer; and(b) the front cross-bar or bolster of a pole-type trailer; and(c) a trailer that is at least 2.2 metres wide.

(2) Each reflector must have its centre—(a) at the same height above ground level; and(b) not over 1.5 metres above ground level; and(c) not over 400 millimetres from the nearer side of the vehicle.

(3) Additional front-facing reflectors may be fitted to a trailer mentioned insubclause (1) in accordance with clause 113.

113 Optional front reflectors

(1) A motor vehicle with 4 or more wheels, or a trailer, may have one or morefront-facing white or yellow reflectors fitted towards each side of its front.

(2) A motor vehicle with less than 4 wheels may have one or more front-facing white oryellow reflectors.

(3) The centre of at least 1 reflector on each side of the front of the vehicle must be—(a) at the same height above ground level as the centre of the other reflector; and(b) the same distance from the longitudinal axis of the vehicle as the centre of the

other reflector; and(c) at least—

(i) for a vehicle with a width under 1300 millimetres, 400 millimetresfrom the centre of the other reflector; and

(ii) for any other vehicle, 600 millimetres from the centre of the otherreflector.



(4) For the purposes of subclause (3)(c), the width of a vehicle is measured disregardingthe following—




[Cl 113 am SR 201 of 2014, reg 29]

Division 18 – Warning lights and signs on buses carrying children

114 Application of DivisionThis Division applies to a bus that is used mainly for carrying children if the bus is fitted

with warning lights after June 1999.Note: For warning signs and lights fitted before July 1999, see clause 118.

115 Fitting of warning lights and signs

(1) Two warning lights and a warning sign must be fitted to the front and rear of the bus.

(2) The warning lights must be fitted—(a) on each side of, and the same distance from, the centre of the warning sign; and(b) with the edge of the warning sign not over 100 millimetres from the nearest point

on the lens of the warning lights; and(c) with the distance between the warning lights at least 300 millimetres at the

nearest point; and(d) so no part of the bus obstructs the light displayed—

(i) 30 degrees to the left and right of the centre of each light; and(ii) 10 degrees above and below the centre of each light.

(3) The warning lights may be on the warning sign if the words or image on the sign arenot obscured.

(4) The warning lights at the same end of the bus must be fitted—(a) at the same height; and(b) as high as practicable; and(c) with the lowest point on the lens of each light not lower than midway between

the highest and lowest points on the bus body.

(5) If the centres of the warning lights are under 1.8 metres above ground level, no partof the warning lights or warning sign may be on the left of the bus.

(6) This clause applies to a bus despite any requirement of a third edition ADR.

116 Operation and performance of warning lights

(1) When operating, a warning light must display regular flashes of yellow light at a rateof at least 90, and not over 180, flashes a minute.

(2) The warning lights at the same end of the bus must flash alternately.



(3) Unless the driver has turned the warning lights off, they must operate automaticallywhen a door on the bus opens and for at least 10, and not over 20 seconds after all the doorson the bus have closed.

(4) The bus must have a visible or audible signal that tells the driver when the warninglights are operating.

(5) The bus must be fitted with a switch that allows the driver to turn the warning lightsoff.

(6) A warning light must have—(a) an effective lit lens area of at least 60 centimetres2; and(b) a luminous intensity (in candela) of at least the values specified in the following

table when measured at the angles in Table 3; or(c) meet an alternative acceptable standard set by the Corporation.

Table 3

Item

Ver-tical

anglefromcen-treof

light

Horizontal angle from centre of light

-30° -20° -10° -5° 0° 5° 10° 20° 30°

1 10° 50 80 50

2 5° 180 320 350 450 350 320 180

3 0° 75 450 1000 1250 1500 1250 1000 450 75

4 -5° 40 270 450 570 600 570 450 270 40

5 -10° 75 75 75

(7) For the purposes of subclause (6)(b), the luminous intensity of a light is to bemeasured in accordance with the test method mentioned in third edition ADR 6.

117 Specifications for warning signs

(1) A warning sign at the front of the bus must—(a) display the words “school bus” in capital letters at least 100 millimetres high; or(b) display an image of 2 children in the same proportions as the children in AS 1743

Road Signs—Specifications (image W6–3), with the image of the taller child atleast 230 millimetres high.

(2) A warning sign at the rear of the bus must display an image of 2 children in the sameproportions as the children in AS 1743 Road Signs—Specifications (image W6–3), with theimage of the taller child at least 230 millimetres high.

(3) The warning sign referred to in subclauses (1)(b) and (2) must—(a) be a rectangular shape at least—

(i) if warning lights are on the warning sign, 550 millimetres wide and400 millimetres high; and



(ii) in any other case, 400 millimetres wide and 250 millimetres high; and(b) have a black border; and(c) have black graphics and be coated with yellow retro-reflective material of class 1

or 2 that meets Australian Standard AS 1906 Retro-reflective Materials andDevices for Road Traffic Control Purposes.

Division 19 – Other lights, reflectors, rear marking plates or signals

118 Other lights and reflectors

(1) Despite any requirement of a third edition ADR, an exempt vehicle may be fittedwith any light or reflector.

(2) Despite any requirement of a third edition ADR, a special use vehicle may be fittedwith one or more flashing yellow lights.

(3) A vehicle, other than an exempt vehicle, must not be fitted with any light or reflectornot mentioned in the Vehicle Standards without the written approval of the Corporation.

(4) A vehicle, other than an exempt vehicle or a special use vehicle, must not be fittedwith a light that flashes without the written approval of the Corporation.

(5) A vehicle, other than an exempt vehicle, must not be fitted with a light or reflectorthat—

(a) shows a red light to the front; or(b) shows a white light to the rear; or(c) is shaped or located in a way that reduces the effectiveness of the light or

reflector required to be fitted to the vehicle under this clause.


dimension exemption means an exemption from a dimension requirement for a vehicleas required by the Vehicle Standards or another Act or subordinate instrument;

exempt vehicle means a light vehicle that is—(a) a police vehicle; or(b) an emergency vehicle; or(c) a transport enforcement vehicle; or(d) an Australian Protective Service vehicle; or(e) an Australian Border Force vehicle; or(f) an Airservices Australia vehicle;

[Def am SR 93 of 2016, reg 6]

special use vehicle means any of the following vehicles—(a) a tow truck;(b) a vehicle built or fitted to provide a vehicle breakdown service;(c) a vehicle built or fitted for use in hazardous situations on a road;(d) a vehicle used on a road under a dimension exemption;(e) a vehicle built or fitted to accompany a heavy vehicle specified by

paragraph (b);(f) a bus fitted, before 1 July 1999, with a sign telling road users that the

bus carries children.[Cl 118 subst SR 201 of 2014, reg 30; am SR 150 of 2013, reg 63(2) and (3)]

119 Rear marking plates




rear marking plate means a rear marking plate complying with Vehicle StandardsBulletin No. 12.

(2) [Repealed]

(3) [Repealed]

(4) Rear marking plates may be fitted to a motor vehicle or a trailer.

[Cl 119 am SR 150 of 2013, reg 64]

120 Signalling devices

(1) This clause applies to a motor vehicle if—(a) the vehicle is not fitted with a brake light or direction indicator light mentioned in

Division 9 or 11 of Part 8 of Schedule 2; and(b) the construction of the vehicle would otherwise prevent the driver from hand

signalling an intention—(i) to turn or move the vehicle to the right; or

(ii) to stop or suddenly reduce the speed of the vehicle.

(2) The vehicle must be fitted with a mechanical signalling device or a pair of turnsignals.

121 Mechanical signalling devices



(1) A mechanical signalling device must—(a) be fitted to the right side of the vehicle;(b) be able to be operated by the driver from a normal driving position;(c) consist of a white or yellow representation of an open human hand at least

15 centimetres long;(d) be constructed so that the driver of the vehicle can keep the device—

(i) in a neutral position so it is unlikely that the driver of another vehicleor anyone else would regard it as a signal;

(ii) in a horizontal position with the palm of the hand facing forwards andthe fingers pointing out at a right angle to the vehicle to signal anintention to turn or move right; and

(iii) with the palm of the hand facing forwards and the fingers pointingupwards to signal an intention to stop or reduce speed suddenly.

(2) When the mechanical signalling device is in a position referred to insubclause (1)(d)(ii) or (iii), the complete hand must be clearly visible from both the frontand the rear of the vehicle, at a distance of 30 metres.

122 Turn signalsA turn signal must—

(a) consist of a steady or flashing illuminated yellow sign at least 15 centimetres longand 25 millimetres wide that—

(i) when in operation, is kept horizontal; and(ii) when not in operation, is kept in a position so it is unlikely that the

driver of another vehicle or anyone else would regard it as a signal;and

(b) be fitted to the side of the motor vehicle at least 50 centimetres and not over2.1 metres above ground level, in a position so the driver of the vehicle, from thenormal driving position, can see whether the signal is in operation; and

(c) be able to be operated by the driver from the normal driving position; and(d) when in operation, be visible from both the front and rear of the vehicle at a

distance of 30 metres.

Division 20 – Vehicles not required to have lights or reflectors

123 Certain vehicles used in daytimeThis Part does not apply to a vehicle built before 1931 that is used only in the daytime.

124 Certain vehicles used for collection or exhibition purposesThis Part does not apply to a vehicle built before 1946 that is used mainly for exhibition

purposes.

Part 9 – Braking SystemsNote: This Part sets out the braking system requirements for vehicles to ensure that they can be reliably slowedor stopped even if a part of a braking system fails, and to ensure that a vehicle can be prevented from rolling awaywhen parked.

[Pt 9, note am SR 150 of 2013, reg 65]

Division 1 – Brake requirements for all vehicles125 Parts of a braking system



(1) A brake tube or hose fitted to a vehicle must—(a) be manufactured from a material appropriate to its intended use in the vehicle;

and(b) be long enough to allow for the full range of steering and suspension movements

of the vehicle; and(c) be fitted to prevent it being damaged during the operation of the vehicle by—

(i) a source of heat; or(ii) any movement of the parts to which it is attached or near.

(2) [Repealed][Cl 125 am SR 150 of 2013, reg 66]

126 Provision for wearThe braking system of a vehicle must allow for adjustment to take account of normal

wear.

127 Supply of air or vacuum to brakes

(1) If air brakes are fitted to a vehicle—(a) the compressor supplying air to the brakes must be able to build up air pressure to

at least 80% of the governor cut-out pressure in not over 5 minutes after thecompressed air reserve is fully used up; and

(b) [Repealed](c) there must be an automatic or manual condensate drain valve at the lowest point

of each air brake reservoir in the system; and(d) any spring brake fitted to the vehicle must not operate before the warning

mentioned in clause 131(4)(a) or 134(3)(a) of this Schedule has been given.

(2) If vacuum brakes are fitted to a vehicle, the vacuum supply must be able to build upvacuum—

(a) to the level when the warning signal mentioned in clause 131(4)(a) or 134(3)(a)of this Schedule no longer operates within 30 seconds after the vacuum reserve isfully used up; and

(b) to the normal working level within 60 seconds after the vacuum reserve is fullyused up.

[Cl 127 am SR 150 of 2013, reg 67]

128 Performance of braking systems

(1) One sustained application of the brake of a motor vehicle built after 1930, or acombination that includes a motor vehicle built after 1930, must be able to produce theperformance mentioned in subclauses (2) to (7)—

(a) when the vehicle or combination is on a dry, smooth, level road surface, freefrom loose material; and

(b) whether or not the vehicle or combination is loaded; and(c) without part of the vehicle or combination moving outside a straight path—

(i) centred on the longitudinal axis of the vehicle or combination beforethe brake was applied; and

(ii) 3.7 metres wide.



(2) The braking system of a motor vehicle or combination with a gross mass under2.5 tonnes must bring the vehicle or combination from a speed of 35 km/h to a stopwithin—

(a) 12.5 metres when the service brake is applied; and(b) 30 metres when the emergency brake is applied.

(3) The braking system of a motor vehicle or combination with a gross mass of at least2.5 tonnes must bring the vehicle or combination from a speed of 35 km/h to a stopwithin—

(a) 16.5 metres when the service brake is applied; and(b) 40.5 metres when the emergency brake is applied.

(4) The braking system of a motor vehicle or combination with a gross mass under2.5 tonnes must decelerate the vehicle or combination, from any speed at which the vehicleor combination can travel, by an average of at least—

(a) 3.8 metres a second a second when the service brake is applied; and(b) 1.6 metres a second a second when the emergency brake is applied.

(5) The braking system of a motor vehicle or combination with a gross mass of at least2.5 tonnes must decelerate the vehicle or combination, from any speed at which the vehicleor combination can travel, by an average of at least—


(6) The braking system of a motor vehicle or combination with a gross mass under2.5 tonnes must achieve a peak deceleration of the vehicle or combination, from any speedat which the vehicle or combination can travel, of at least—


(7) The braking system of a motor vehicle or combination with a gross mass of at least2.5 tonnes must achieve a peak deceleration of the vehicle or combination, from any speedat which the vehicle or combination can travel, of at least—


(8) The parking brake of a vehicle or combination must be able to hold the vehicle orcombination stationary on a 12% gradient—

(a) when the vehicle or combination is on a dry, smooth road surface, free from loosematerial; and

(b) whether or not the vehicle or combination is loaded.

Division 2 – Motor vehicle braking systems

129 What braking system a motor vehicle must have


independent brake, for a vehicle, means a brake that is operated entirely separatelyfrom any other brake on the vehicle, except for any drum, disc or part, on whicha shoe, band or friction pad makes contact, that is common to 2 or more brakes.

(2) A motor vehicle with 4 or more wheels built, or used, mainly for transporting goodsor people by road must be fitted with—



(a) a braking system that—(i) consists of brakes fitted to all wheels of the vehicle; and

(ii) has at least 2 separate methods of activation, arranged so effectivebraking remains on at least 2 wheels if a method fails; or

(b) 2 independent brakes, each of which, when in operation, acts directly on at leasthalf the number of wheels of the vehicle.

(3) The braking system of a motor vehicle mentioned in subclause (2) that was builtafter 1945 must have a service brake operating on all wheels that, when applied—

(a) acts directly on the wheels and not through the vehicle’s transmission; or(b) acts on a shaft between a differential of the vehicle and a wheel.

(4) The braking system of a motor vehicle with 4 or more wheels must have a parkingbrake that—

(a) is held in the applied position by direct mechanical action without theintervention of an electrical, hydraulic or pneumatic device; and

(b) is fitted with a locking device that can hold the brake in the applied position; and(c) has its own separate control.

(5) The parking brake may also be the emergency brake.

(6) If 2 or more independent brakes are fitted to a motor vehicle with 4 or more wheels,the brakes must be arranged so brakes are applied to all the wheels on at least one axle ofthe vehicle when any brake is operated.

(7) A motor cycle or motor trike must be fitted with—(a) 2 independent brakes; or(b) a single brake that acts directly on all wheels of the vehicle and is arranged so

effective braking remains on at least one wheel if a part of the system fails.

(8) Subclause (7) applies to a motor cycle with a sidecar attached as if the sidecar werenot attached.

(9) A motor trike must have a parking brake that is held in the applied position bymechanical means.

130 Operation of brakes on motor vehiclesThe braking system on a motor vehicle must be arranged to allow the driver of the motor

vehicle to apply the brakes from a normal driving position.

131 Air or vacuum brakes on motor vehicles

(1) If a motor vehicle has air brakes, the braking system of the vehicle must include atleast one air storage tank.

(2) If a motor vehicle has vacuum brakes, the braking system of the vehicle mustinclude at least one vacuum storage tank.

(3) An air or vacuum storage tank must be built so the service brake can be applied tomeet the performance standards of clause 128 of this Schedule at least twice if the engine ofthe vehicle stops or the source of air or vacuum fails.

(4) An air or vacuum storage system must—(a) be built to give a visible or audible warning to the driver, while in a normal

driving position, of a lack of air or vacuum that would prevent the service brakefrom being applied to meet the performance standards of clause 128 of thisSchedule at least twice; and



(b) be safeguarded by a check valve or other device against loss of air or vacuum ifthe supply fails or leaks.

(5) [Repealed]

(6) If air or vacuum brakes are fitted to a motor vehicle equipped to tow a trailer, thebrakes of the vehicle must be able to stop the vehicle, at the performance standards foremergency brakes under clause 128 if the trailer breaks away.

(7) [Repealed]

(8) [Repealed][Cl 131 am SR 150 of 2013, reg 68]

Division 3 – Trailer braking systems

132 What brakes a trailer must have

(1) A trailer with a GTM over 750 kilograms must have brakes that operate on at leastone wheel at each end of one or more axles of the trailer.

(2) A semi-trailer or converter dolly with a GTM over 2 tonnes must have brakes thatoperate on all its wheels.

133 Operation of brakes on trailers

(1) The braking system of a trailer with a GTM over 2 tonnes must allow the driver of amotor vehicle towing the trailer to operate the brakes from a normal driving position.

(2) Subclause (1) does not apply to an unloaded converter dolly that weighs under3 tonnes if the motor vehicle towing the converter dolly has a GVM over 12 tonnes.

(3) The brakes on a trailer with a GTM over 2 tonnes must—(a) operate automatically and quickly if the trailer breaks away from the towing

vehicle; and(b) remain in operation for at least 15 minutes after a break-away; and(c) be able to hold the trailer on a 12% grade while in operation after a break-away.

134 Air or vacuum brakes on trailers

(1) If a trailer has air brakes, its braking system must include at least one air storagetank.

(2) If a trailer has vacuum brakes, its braking system must include at least one vacuumstorage tank.

(3) An air or vacuum storage system must—(a) be built to give a visible or audible warning to the driver of the towing vehicle,

while in a normal driving position, of a lack of air or vacuum that would preventthe brakes from meeting the performance standards of clause 128; and

(b) be safeguarded by a check valve or other device against loss of air or vacuum ifthe supply fails or leaks.

(4) Subclauses (1), (2) and (3) do not apply to a trailer with a GTM of 2 tonnes or less.

Division 4 – Additional brake requirements for B-doubles and long roadtrains [Repealed]



135 Application of Division to certain road trains [Repealed][Cl 135 rep SR 150 of 2013, reg 69]

136 Braking system design for a prime mover in a B-double [Repealed][Cl 136 rep SR 150 of 2013, reg 69]

137 Braking system design for motor vehicles in road trains [Repealed][Cl 137 rep SR 150 of 2013, reg 69]

138 Braking system design for trailers in B-doubles or road trains [Repealed][Cl 138 rep SR 150 of 2013, reg 69]

139 Air brakes of motor vehicles in B-doubles or road trains [Repealed][Cl 139 rep SR 150 of 2013, reg 69]

140 Air brakes in a B-double or road train-least favoured chamber [Repealed][Cl 140 rep SR 150 of 2013, reg 69]

141 Recovery of air pressure for brakes in B-doubles and road trains[Repealed][Cl 141 rep SR 150 of 2013, reg 69]

142 Air supply for brakes in B-doubles and road trains [Repealed][Cl 142 rep SR 150 of 2013, reg 69]

143 Brake line couplings [Repealed][Cl 143 rep SR 150 of 2013, reg 69]

144 Simultaneous parking brake application [Repealed][Cl 144 rep SR 150 of 2013, reg 69]

145 Capacity of air reservoirs [Repealed][Cl 145 rep SR 150 of 2013, reg 69]

[Div 4, cll 135–145, rep SR 150 of 2013, reg 69]

Part 10 – Control of EmissionsNote: This Part sets out requirements to ensure that motor vehicles do not emit too much smoke or noise andthat exhaust gases cannot enter the passenger compartment of a vehicle.

Division 1 – Crank case gases and visible emissions

146 Crank case gases




(1) This clause applies to a motor vehicle with 4 or more wheels that is powered by apetrol engine and was built after 1971.

(2) The vehicle must be built to prevent, or fitted with equipment that prevents, crankcase gases from escaping to the atmosphere.

147 Visible emissions

(1) This clause applies to a motor vehicle that is propelled by an internal combustionengine and was built after 1930.

(2) The vehicle must not emit visible emissions for a continuous period of at least10 seconds.

(3) This clause does not apply to emissions that are visible only because of heat or thecondensation of water vapour.

Division 2 – Exhaust systems

148 Exhaust systemsThe exhaust system fitted to a motor vehicle must be constructed to ensure that exhaust

gases are only emitted from a place designed by the manufacturer to emit such gases.[Cl 148 subst SR 201 of 2014, reg 31; am SR 150 of 2013, reg 70]

Division 3 – Noise emissions

148A Measurement of stationary noise levels

(1) For this Division, the stationary noise level of a motor vehicle is to be measured inaccordance with the procedure set out for the kind of vehicle in the National StationaryExhaust Noise Test Procedures for In-Service Motor Vehicles—September 2006 (ISBN:1 921168 50 1) published by the Commission.

(2) In subregulation (1), Commission means the National Transport Commissionestablished by the National Transport Commission Act 2003 of the Commonwealth.Note: The National Stationary Exhaust Noise Test Procedures for In-Service Motor Vehicles—September 2006is available on the Commission’s web site at http://www.ntc.gov.au.

149 Silencing device for exhaust systems

(1) A motor vehicle propelled by an internal combustion engine must be fitted with asilencing device through which all the exhaust from the engine passes.

(2) For the purposes of subclause (1), any silencing device designed to be manipulatedby the vehicle’s operator, including by means of in-vehicle controls, must be designed sothat it can be tested with the device fully opened.[Cl 149 am SR 201 of 2014, reg 32]

150 Stationary noise levels—car-type vehicles and motor cycles and trikes


dB(A) means the A-weighted sound pressure level expressed in decibels as defined inregulation 5 of the Environment Protection (Vehicle Emissions) Regulations 2013;

[Def am SR 201 of 2014, reg 33(1)]



car-type vehicle means—(a) a car; or(b) a utility truck, panel van, or another motor vehicle derived from a car

design; or(c) another motor vehicle with 4 or more wheels that is built mainly to

carry not over 9 people, including the driver.

(2) The stationary noise level of a car-type vehicle must not exceed the relevant noiselevels set out in regulation 11 of the Environment Protection (Vehicle Emissions)Regulations 2013.

(3) The stationary noise level of a motor cycle or trike must not exceed the relevantnoise levels set out in regulation 13 of the Environment Protection (Vehicle Emissions)Regulations 2013.

(4) This clause does not apply to a car-type vehicle built after 1982 for 2 years after thecommencement of this clause, if—

(a) the stationary noise level of the vehicle does not exceed 96 dB(A); and(b) the stationary noise level limit applying to the vehicle under the law of the State

or Territory where the vehicle is registered, or otherwise authorised to be drivenon a road or road-related area, by a vehicle registration authority is not 90 dB(A)or less.

[Cl 150 am SR 201 of 2014, reg 33(2) and (3)]

151 Stationary noise levels—other vehicles with spark ignition engines

(1) This clause applies to a motor vehicle (except a motor vehicle to which clause 150 ofthis Schedule applies) with a spark ignition engine.

(2) The stationary noise level of the motor vehicle must not exceed the noise levelapplying to that vehicle under regulation 12(1) of the Environment Protection (VehicleEmissions) Regulations 2013.[Cl 151 am SR 201 of 2014, reg 34]

152 Stationary noise levels—other vehicles with diesel engines

(1) This clause applies to a motor vehicle (except a motor vehicle to which clause 150 ofthis Schedule applies) with a diesel engine.

(2) The stationary noise level of the motor vehicle must not exceed the noise levelapplying to that vehicle under regulation 12(2) of the Environment Protection (VehicleEmissions) Regulations 2013.[Cl 152 am SR 201 of 2014, reg 35]

153 Measurement of stationary noise levelsFor the purposes of this Division, the stationary noise level of a motor vehicle is to be

measured in accordance with the method prescribed by regulation 14 of the EnvironmentProtection (Vehicle Emissions) Regulations 2013.[Cl 153 am SR 201 of 2014, reg 36]

Part 11 – Alternative SystemsThis Part sets out requirements to ensure that LPG (Liquid Petroleum Gas) and CNG (Compressed Natural Gas)fuel systems are safely installed in motor vehicles. In the case of vehicles with LPG system installed, there is anadditional requirement to ensure that they can be identified as LPG-powered vehicles.



154 LPG-powered vehicles




(1) An LPG system installed in a motor vehicle, and the vehicle, must comply with allrelevant requirements set out in the version of Australian Standard AS 1425 that was currentat the time the system was installed in the vehicle.

(2) A motor vehicle that has an LPG system installed must have fixed conspicuously toits front and rear number plates the labels required by the version of Australian Standard AS1425 that was current at the time the system was installed in the vehicle.

(3) If a motor vehicle had an LPG system installed before Australian Standard AS 1425was first published, the vehicle must have fixed conspicuously to its front and rear numberplates a label:

(a) that is made of durable material; and(b) that is at least 25 millimetres wide and 25 millimetres high; and(c) that is of a reflective red that conforms with either Australian Standard AS 1743

Road Signs or Australian Standard AS 1906 Retroreflective materials and devicesfor road traffic control purposes (Part 1: Retroreflective sheeting); and

(d) that states “LPGAS” or “LPG”, or similar words or acronyms that have the samemeaning, in capital letters at least 6 millimetres high.

154A Vehicles powered by natural gasA natural gas system installed in a motor vehicle, and the vehicle, must comply with all

relevant requirements set out in the version of Australian Standard AS 2739 that was currentat the time the system was installed in the vehicle.Example: Forms of natural gas include CNG (Compressed Natural Gas) and LNG (Liquid Natural Gas).

Part 12 – Maximum Road Speed Limiting [Repealed]

155 Speed limiting [Repealed][Cl 155 rep SR 150 of 2013, reg 71]

156 Exemptions from speed limiting [Repealed][Cl 156 rep SR 150 of 2013, reg 71]

[Pt 12, cll 155 and 156, rep SR 150 of 2013, reg 71]

Part 13 – Mechanical Connections Between VehiclesNote: This Part sets out various requirements to ensure that the couplings used when operating motor vehiclesand trailers in combinations are strong enough to hold them together.

[Pt 13, note am SR 150 of 2013, reg 72]

Division 1 – Couplings on all types of vehicles

157 General coupling requirements




(1) A fifth wheel coupling, the mating parts of a coupling, a kingpin or a towbar mustnot be used for a load more than the manufacturer’s load rating.

(2) A kingpin must be used only with a fifth wheel coupling that has a correspondingjaw size.Example: An adaptor must not to be used to fit a kingpin to a fifth wheel coupling.

(3) The mating parts of a coupling used to connect a semi-trailer to a towing vehiclemust not allow the semi-trailer to roll to an extent that makes the towing vehicle unstable.

158 Drawbar couplings

(1) A coupling for attaching a trailer, except a semi-trailer or pole-type trailer, to atowing vehicle must be built and fitted so—

(a) the coupling is equipped with a positive locking mechanism; and(b) the positive locking mechanism can be released regardless of the angle of the

trailer to the towing vehicle.

(2) If the trailer is in a combination and is not fitted with breakaway brakes inaccordance with clause 133(3) of this Schedule, it must be connected to the towing vehicleby at least one chain, cable or other flexible device, as well as the coupling required bysubclause (1).

(3) The connection must be built and fitted so—(a) the trailer is kept in tow if the coupling breaks or accidentally detaches; and(b) normal angular movement of the coupling is permitted without unnecessary

slack.

(4) If practicable, the connection must be built and fitted so the drawbar of the trailer isprevented from hitting the ground if the coupling accidentally detaches.

(5) For the purposes of subclauses (3) and (4), a connection between a trailer and atowing vehicle includes any thing which connects the trailer and the towing vehicle,including chains, cables, any thing fixed to a trailer or a towing vehicle to which a chain isattached and shackles.[Cl 158 am SR 201 of 2014, reg 37]

Division 2 – Additional coupling requirements for B-doubles and longroad trains [Repealed]

159 What is a long road train? [Repealed][Cl 159 rep SR 150 of 2013, reg 73]

160 Couplings for B-doubles and long road trains [Repealed][Cl 160 rep SR 150 of 2013, reg 73]

161 Selection of fifth wheel couplings for B-doubles and long road trains[Repealed][Cl 161 rep SR 150 of 2013, reg 73]

162 D-value of a fifth wheel coupling [Repealed][Cl 162 rep SR 150 of 2013, reg 73]

163 Mounting of fifth wheel couplings on B-doubles and long road trains



[Repealed][Cl 163 rep SR 150 of 2013, reg 73]

164 Branding of fifth wheel couplings and turntables on B-doubles and longroad trains [Repealed][Cl 164 rep SR 150 of 2013, reg 73]

165 Selection of kingpins for B-doubles and long road trains [Repealed][Cl 165 rep SR 150 of 2013, reg 73]

166 Attachment of kingpins on B-doubles and long road trains [Repealed][Cl 166 rep SR 150 of 2013, reg 73]

167 Branding of kingpins on B-doubles and long road trains [Repealed][Cl 167 rep SR 150 of 2013, reg 73]

168 Selection of couplings and drawbar eyes for long road trains [Repealed][Cl 168 rep SR 150 of 2013, reg 73]

169 Attachment of couplings and drawbar eyes on long road trains[Repealed][Cl 169 rep SR 150 of 2013, reg 73]

170 Branding of couplings and drawbar eyes on long road trains [Repealed][Cl 170 rep SR 150 of 2013, reg 73]

171 Tow coupling overhang on long road trains [Repealed][Cl 171 rep SR 150 of 2013, reg 73]

[Div 2, cll 159–171, rep SR 150 of 2013, reg 73]

Part 14 – Other Matters

172 Vehicle equipmentA vehicle is taken to have equipment referred to in the Vehicle Standards only if the

equipment is in working order.

173 Restored vehicles




(1) For the purposes of the Vehicle Standards, a restored vehicle is taken to have beenbuilt when it was originally built and not when it was restored.


restored vehicle means a vehicle that is being, or has been, restored to itsmanufacturer’s specifications, so far as it is practicable to meet the specifications.

174 Interpretation of certain second edition ADRsThe words “left” and “right” in the following second edition ADRs have the opposite

meaning in the application of the ADRs, in accordance with the Vehicle Standards, to amotor vehicle with a left-hand drive—

(a) ADR 8 Safety Glass;(b) ADR 12 Glare Reduction in Field of View;(c) ADR 14 Rear Vision Mirrors;(d) ADR 16 Windscreen Wipers and Washers;(e) ADRs 18 and 18A Location and Visibility of Instruments;(f) ADRs 35 and 35A Commercial Vehicle Braking Systems.

Note: The following table contains a list of some terms used in the third edition ADRs and the correspondingterm used in the Vehicle Standards.

Third edition ADRs Vehicle Standards

dipped-beam headlamp low-beam (for a headlight)

front fog lamp front fog light

rear fog lamp rear fog light

wheelguard mudguard

main-beam headlamp high-beam (for a headlight)

reversing lamp reversing light

direction indicator lamp direction indicator light

stop lamp brake light

rear registration plate lamp number plate light

front position (side) lamp parking light

rear position (side) lamp tail light

end-outline marker lamp front or rear clearance light

external cabin lamp external cabin light

internal lamp interior light

side marker lamp side marker light

daytime running lamp daytime running light



Third edition ADRs Vehicle Standards

rear reflex reflector, non-triangular rear reflector

front reflex reflector, non-triangular front reflector

side reflex reflector, non-triangular side reflector

Part 15 – Safety Features

175 Electronic stability control




(1) A motor vehicle—(a) that is one of the following—

(i) a forward-control passenger vehicle (MB); or(ii) an off-road passenger vehicle (MC); or

(iii) a passenger car (MA); and(b) that was manufactured on or after 1 January 2011 and before 1 November 2013—

must be fitted with a compliant system of electronic stability control.Note: Vehicles referred to in this clause that are manufactured on or after 1 November 2013 are required to befitted with electronic stability control under the third edition ADR 31/02 or third edition ADR 35/03

(2) Subclause (1) does not apply to—(a) a motor vehicle that has been registered in another State or a Territory of the

Commonwealth for 1 year or more immediately before the motor vehicle isbrought into Victoria; or

(b) a motor vehicle that is not manufactured or marketed in full volume for normalroad use; or

(c) a vehicle entered on the Register of Specialist and Enthusiast Vehicles establishedby regulation 22 of the Motor Vehicle Standards Regulations 1989 of theCommonwealth; or

(d) a model, or a variant of a model, of motor vehicle that has been declared by theCorporation under regulation 37 as in force before 1 November 2013 to beexempt from the operation of subclause (1).

(3) For the purposes of this clause, a motor vehicle is taken to be manufactured on thedate shown on the vehicle’s compliance plate.[Cl 175 am SR 133 of 2013, reg 7; SR 80 of 2010, reg 5]

[Sch 2 am SR 93 of 2016; SR 201 of 2014; SR 131 of 2014; SR 23 of 2014; SR 150 of 2013; SR 133 of 2013; SR87 of 2013; SR 156 of 2012; SR 25 of 2012; SR 136 of 2010; SR 80 of 2010]




ROAD SAFETY ROAD RULES 2009

Reader’s Guide

Aim of the Guide

The aim of this Guide is to help you to understand the Road Safety Road Rules 2009 (the RoadRules) and the way they apply to different kinds of roads, vehicles and road users. The Guidealso gives information on the structure of the Road Rules.

As a matter of law, the Guide is not part of the Road Rules.

The Road Rules

The Road Rules provide rules to be followed by all road users.

They are part of a national scheme to provide uniform road laws throughout Australia.

How to use the Rules

1 Contents and dictionaryThe contents at the beginning of these Rules will help you to find particular rules or groups ofrules that you may be interested in. They may also be helpful in giving you an overview of thestructure of these Rules.

The dictionary at the end of these Rules defines words and expressions that have specialmeanings in these Rules. It includes words and expressions that are defined elsewhere in theseRules.

2 Application of the Rules and some key conceptsThe application of these Rules and some key concepts are explained in Part 2 of these Rules.You will need to understand Part 2 to apply these Rules properly.

Roads and road related areas

The Road Rules apply to vehicles, animals and persons on roads and “road related areas”.“Road related areas” are areas like footpaths, nature strips and parking areas.

The Road Rules generally apply to road related areas in the same way as they apply to roads.

In these Rules, a reference to a “road” generally includes road related areas. If a particular ruledoes not apply to road related areas, or applies only to road related areas, this will be stated inthe rule.

Drivers and riders

The Road Rules are generally expressed to apply to drivers of vehicles, since they are thelargest category of road users. A driver is the person driving or otherwise in control of avehicle. For example, a person steering and pushing a stalled motor vehicle would be incontrol of the vehicle and be the “driver”.

Persons riding, or otherwise in control of, motor bikes or animal-drawn vehicles, or ridingbicycles or animals, are called “riders”, rather than drivers. The Road Rules generally apply tothem in the same way as they apply to drivers.

In the Road Rules, a reference to a “driver” generally includes a rider. If a particular rule doesnot apply to riders, or applies only to particular kinds of riders, this is stated in the rule.


The definition of a “vehicle” (also in Part 2) is very broad and is not exhaustive. It includes, forexample, motorised wheelchairs that can travel over 10 kilometres per hour. However, it doesnot include trains. The driving of trains is not covered by these Rules. A reference in theseRules to a vehicle does not include wheeled recreational devices or wheeled toys. Riders ofwheeled recreational devices and wheeled toys are treated as pedestrians.Although most of these Rules apply to vehicles of all kinds and to both drivers and riders,there are some rules that apply only to particular drivers or riders. For example, the rules inPart 15 apply only to bicycle riders, and the rules in Part 17 apply only to the drivers of tramsand public buses.

PedestriansIt is not appropriate to apply these Rules to persons in control of some kinds of vehicles as ifthey were drivers of conventional motor vehicles. For this reason, some persons who mightotherwise come within the definition of “driver” are treated as pedestrians. For example, aperson pushing a motorised wheelchair is treated as a pedestrian.The rules that apply to pedestrians are in Part 14.

3 Diagrams of traffıc signsDiagrams of all traffic signs mentioned in these Rules are shown in alphabetical order inSchedules 2 and 3 at the end of these Rules. The traffic signs in Schedule 2 are those in therelevant Australian Standard (AS 1742) as well as some existing non-standard signs incommon use that will continue to be used and some new signs. The traffic signs in Schedule 3are either alternative versions of the signs in Schedule 2 (which are being phased out) or signsthat are Victoria specific.Diagrams of signs have also been included after particular rules to help you identify the signswhen reading these Rules.A number of traffic signs have 2 or more permitted versions. Notes to the diagrams of signsincluded in particular rules will tell you if there are other permitted versions of the signs or ifthe signs can have other permitted features. For example, there is more than one permittedversion of a speed-limit sign. Also, a speed-limit sign can have a different number. Notes to thediagram of the sign in Part 3 will tell you about these things.Diagrams (including diagrams that are examples) are part of these Rules.

4 Notes and examplesNotes are used throughout these Rules. They may tell you that certain terms are defined (andwhere they are defined), draw your attention to other relevant rules, or help in other ways. Thenotes are not part of these Rules.Examples are also given throughout these Rules, sometimes by explanation and sometimes bydiagrams. They are not exhaustive. Examples are part of these Rules.

5 Structure and languageThe following points may assist you in reading and understanding these Rules.

Arrangement of rulesRules have been grouped in Parts and Divisions so that rules on the same subject are, as far aspossible, together. However, some kinds of rules are relevant in many different situations. Forexample, in addition to the general give way rules in Part 7, giving way at traffic lights is dealtwith in Part 6 (which deals with traffic lights) and giving way at roundabouts is dealt with inPart 9 (which deals with roundabouts). This arrangement gives drivers a more complete pictureof their obligations at traffic lights and roundabouts.Notes at the beginning of a Part, or with an application provision, will tell you where otherrules on the subject can be found.

ROAD SAFETYROAD SAFETY ROAD RULES 2009


Structure of rules

These Rules often deal with complex situations. For this reason the more complex rules setout, in order—• the rule (that is what must, or must not, be done in the situation covered by the rule);• the exceptions to the rule;• any other information needed for the application of the rule (for example, particular

definitions).This enables the reader to see the rule set out in the simplest and clearest way.

Exemptions

In addition to exemptions that may be set out in a rule, there are a number of generalexemptions. Trams, for example, are exempted from the operation of a number of Parts inthese Rules because they run on fixed tracks. The list of exceptions for trams is in Part 19(Exemptions). Also, in Part 19 there are, for example, a number of general exemptions forpolice and emergency vehicles and for other vehicles and drivers in particular situations.

Definitions included in a rule

Most definitions of words and expressions are given in the dictionary. However, some termsare defined in the text of a rule. This is generally done where the word or expression is usedonly in that rule and nowhere else in these Rules. In addition, some definitions, particularly ofareas or lengths of road that are established by traffic signs or road markings, are complex orneed diagrams to be fully understood. They are placed with the basic rule that deals with thearea or length of road, so that the rule and the definition (with any accompanying diagrams)can be seen and understood together. For example, see the definitions of bicycle path andseparated footpath in rule 239. This also means there is no need for diagrams of the signs toappear in the dictionary as well as at the end of the rule and in the Schedules. The definitionsare, however, signposted in the dictionary at the end of these Rules. Notes are also included inrelevant rules drawing attention to these definitions.

Use of the terms “vehicle” and “road” in a rule

Because of the way “driver” is defined, it is generally not necessary to say “the driver of avehicle” or mention the driver’s vehicle in a rule.

In the same way, because these Rules apply only to roads and road related areas, it is notgenerally necessary to say in a rule that something must, or must not, be done, “on a road”,except where the kind of road, or the place on a road, is relevant to the rule or it is necessaryto exclude road related areas.

Use of the terms “bus” and “public bus”

If a rule is directed to the driver of a public bus, the term “public bus” is used in the rule, andthe rule applies only to public buses. For examples, see Part 17 (Additional rules for drivers oftrams and public buses). However, if a rule directs a driver of any vehicle to take or not takesome action in relation to a bus, the term “bus” is used and the rule applies to buses of allkinds. This is because, although the rule is primarily intended to apply to public buses, a publicbus may not be marked in a way that makes it distinguishable from a non-public bus, and it ispreferable from the point of view of road safety that the driver treat any bus as a public bus.For examples see Part 11, Division 7 (Passing trams and safety zones). There are also somerules that refer specifically to the drivers of all buses.

Use of the term “does not apply” in relation to a rule

A rule may say that it does not apply to a driver of a particular kind, or in a particular situation.This does not mean, however, that another rule will not apply to the driver in the samesituation. An example is rule 95 (Emergency stopping lane only signs). A bicycle rider does not



commit an offence under rule 95 by riding in an emergency stopping lane, because the ruleexpressly states that it does not apply to bicycle riders. However, the rider may still commit anoffence by riding in the emergency stopping lane if a no bicycles sign applies to the lane (seerule 252 (No bicycles signs and markings)).

Use of present tense for some actions

The Road Rules may say that a driver “is turning” at an intersection. The use of the presenttense is intended to cover both the present and future aspects of the present tense. That is, itrefers to a driver who is preparing to make the turn as well as a driver who is in the course ofmaking the turn. The context will make this clear in the rule.

Obligation to “give way”

There are a number of rules requiring a driver to give way to another driver or a pedestrian.However, under these Rules the other driver or pedestrian does not have a “right” of way.Indeed, in some situations, a number of drivers may be required to give way to each other, e.g.at an intersection with a stop sign or give way sign on more than 1 of the intersecting roads.Similarly, although a driver may be required to give way to a pedestrian, the pedestrian isrequired under rule 236(1) not to cause a traffic hazard by moving into the driver’s path.

Other aids to using and understanding the Rules

Part 20 of these Rules explains how traffic signs, traffic signals, road markings and other trafficcontrol devices on roads must comply with these Rules to be legally effective. The Part alsoexplains the way traffic control devices apply to lengths of road and areas, and also to driversand other road users. Traffic signs and signals generally apply to a person if they face theperson, but there are exceptions.

Part 21 of these Rules contains a number of provisions to put certain legal issues beyonddoubt. They enable the language and concepts in these Rules to be expressed more simply.

Other road laws

These Rules do not provide all these Rules to be followed by road users. Other rules applyingto road users are to be found in other laws. For example, other laws deal with drink-driving.Some of these other rules are indicated by notes in these Rules.

Penalties and penalty units

The penalty set out at the foot of a Road Rule specifies the maximum fine that a court canimpose on a person who is convicted of an offence against that Rule. Fines are set in penaltyunits. The dollar amount of penalty units is fixed annually under the Monetary Units Act 2004.A penalty fixed by Road Rules can be converted to a dollar amount by multiplying the currentvalue of a penalty unit by the number of units specified in the penalty provision, then roundingto the nearest dollar.

Parking and traffıc infringements

Parking infringement notices and traffic infringement notices may be issued instead of courtfines for some offences. These are listed in Schedules 6 and 7 to the Road Safety (General)Regulations 2009.

Demerit points

The Corporation keeps a Register of Demerit Points under section 25 of the Road Safety Act1986. The driver licence or permit of a person may be suspended in accordance with that Actif too many demerit points are incurred within a given period.



The Road Safety (Drivers) Regulations 2009 prescribe the circumstances in which demeritpoints are incurred and the number of points to be incurred.[Reader’s Guide am SR 98 of 2016, r 16; SR 137 of 2009, r 20]




PART 1 – INTRODUCTORY

DIVISION 1 – GENERAL1 Objectives1A Authorising provision2 Commencement3 Revocations

DIVISION 2 – SOME FEATURES OF THESE RULES4 Definitions5 Diagrams6 Examples7 Headings8 Notes9 Reader’s Guide9A Application of the Acts Interpretation Act 1901 of the Commonwealth10 Offences

PART 2 – APPLICATION OF RULES

DIVISION 1 – ROADS AND ROAD RELATED AREAS11 Rules apply to vehicles and road users on roads and road related areas12 What is a road13 What is a road related area

DIVISION 2 – ROAD USERS AND VEHICLES14 Road users15 What is a vehicle16 Who is a driver17 Who is a rider18 Who is a pedestrian19 References to driver includes rider etc.

PART 3 – SPEED-LIMITS

20 Obeying the speed-limit21 Speed-limit where a speed-limit sign applies22 Speed-limit in a speed-limited area23 Speed-limit in a school zone24 Speed-limit in a shared zone25 Speed-limit elsewhere

PART 4 – MAKING TURNS

DIVISION 1 – LEFT TURNS AT INTERSECTIONS26 Application of Division to roundabouts, road related areas and adjacent land27 Starting a left turn from a road (except a multi-lane road)28 Starting a left turn from a multi-lane road29 Making a left turn as indicated by a road marking

DIVISION 2 – RIGHT TURNS (EXCEPT HOOKTURNS) AT INTERSECTIONS

30 Division does not apply to certain turns31 Starting a right turn from a road (except a multi-lane road)

TABLE OF PROVISIONS


32 Starting a right turn from a multi-lane road33 Making a right turn

DIVISION 3 – HOOK TURNS AT INTERSECTIONS34 Making a hook turn at a hook turn only sign35 Optional hook turn by a bicycle rider36 Bicycle rider making a hook turn contrary to no hook turn by bicycles sign

DIVISION 4 – U-TURNS37 Beginning a U-turn38 Giving way when making a U-turn39 Making a U-turn contrary to a no U-turn sign40 Making a U-turn at an intersection with traffic lights41 Making a U-turn at an intersection without traffic lights42 Starting a U-turn at an intersection43

PART 5 – CHANGE OF DIRECTION AND STOP SIGNALS

DIVISION 1 – CHANGE OF DIRECTION SIGNALS44 Division does not apply to entering or leaving a roundabout or lane filtering45 What is changing direction46 Giving a left change of direction signal47 How to give a left change of direction signal48 Giving a right change of direction signal49 How to give a right change of direction signal50 How to give a right change of direction signal by giving a hand signal51 When use of direction indicator lights permitted

DIVISION 2 – STOP SIGNALS52 Division does not apply to bicycle riders or certain tram drivers53 Giving a stop signal54 How to give a stop signal55 How to give a stop signal by giving a hand signal

PART 6 – TRAFFIC LIGHTS AND TWIN RED LIGHTS

DIVISION 1 – OBEYING TRAFFIC LIGHTS56 Stopping for a red traffic light or arrow57 Stopping for a yellow traffic light or arrow58 Exceptions to stopping for a red or yellow traffic light59 Proceeding through a red traffic light60 Proceeding through a red traffic arrow60A Proceeding through a bicycle storage area before a red traffic light or arrow61 Proceeding when traffic lights or arrows at an intersection change to yellow

or red

DIVISION 2 – GIVING WAY AT TRAFFIC LIGHTS62 Giving way when turning at an intersection with traffic lights63 Giving way at an intersection with traffic lights not operating or only partly

operating64 Giving way at a flashing yellow traffic arrow at an intersection65 Giving way at a marked foot crossing (except at an intersection) with a

flashing yellow traffic light

DIVISION 3 – TWIN RED LIGHTS (EXCEPT ATLEVEL CROSSINGS)



66 Stopping for twin red lights (except at level crossings)

PART 7 – GIVING WAY

DIVISION 1 – GIVING WAY AT A STOP SIGN, STOPLINE, GIVE WAY SIGN OR GIVE WAY LINE

APPLYING TO THE DRIVER67 Stopping and giving way at a stop sign or stop line at an intersection without

traffic lights68 Stopping and giving way at a stop sign or stop line at other places69 Giving way at a give way sign or give way line at an intersection (except a

roundabout)70 Giving way at a give way sign at a bridge or length of narrow road71 Giving way at a give way sign or give way line at other places

DIVISION 2 – GIVING WAY AT AN INTERSECTIONWITHOUT TRAFFIC LIGHTS OR A STOP SIGN, STOP

LINE, GIVE WAY SIGN OR GIVE WAY LINEAPPLYING TO THE DRIVER

72 Giving way at an intersection (except a T-intersection or roundabout)73 Giving way at a T-intersection

DIVISION 3 – ENTERING OR LEAVING ROADRELATED AREAS AND ADJACENT LAND

74 Giving way when entering a road from a road related area or adjacent land75 Giving way when entering a road related area or adjacent land from a road

DIVISION 4 – KEEPING CLEAR OF AND GIVINGWAY TO PARTICULAR VEHICLES

76 Keeping clear of trams travelling in tram lanes etc.77 Giving way to buses78 Keeping clear of police vehicles, emergency vehicles, enforcement vehicles

and escort vehicles79 Giving way to police vehicles, emergency vehicles, enforcement vehicles and

escort vehicles

DIVISION 5 – CROSSING AND SHARED ZONES80 Stopping at a children’s crossing81 Giving way at a pedestrian crossing82 Overtaking or passing a vehicle at a children’s crossing or pedestrian

crossing83 Giving way to pedestrians in a shared zone

DIVISION 6 – OTHER GIVE WAY RULES84 Giving way when driving through a break in a dividing strip85 Giving way on a painted island86 Giving way in median turning bays87 Giving way when moving from a side or shoulder of the road or a median

strip parking area

PART 8 – TRAFFIC SIGNS AND ROAD MARKINGS

DIVISION 1 – TRAFFIC SIGNS AND ROADMARKINGS AT INTERSECTIONS AND OTHER

PLACES88 Left turn signs

TABLE OF PROVISIONS


89 Right turn signs90 No turns signs91 No left turn and no right turn signs92 Traffic lane arrows

DIVISION 2 – TRAFFIC SIGNS AND ROADMARKINGS GENERALLY

93 No overtaking or passing signs94 No overtaking on bridge signs95 Emergency stopping lane only signs96 Keep clear markings97 Road access signs98 One-way signs99 Keep left and keep right signs100 No entry signs101 Hand-held stop signs101A Safety ramp and arrester bed signs

DIVISION 3 – SIGNS FOR TRUCKS, BUSES ANDOTHER LARGE VEHICLES

102 Clearance and low clearance signs103 Load limit signs104 No trucks signs105 Trucks must enter signs106 No buses signs107 Buses must enter signs108 Trucks and buses low gear signs

PART 9 – ROUNDABOUTS

109 What is a roundabout110 Meaning of halfway around a roundabout111 Entering a roundabout from a multi-lane road or a road with 2 or more lines

of traffic travelling in the same direction112 Giving a left change of direction signal when entering a roundabout113 Giving a right change of direction signal when entering a roundabout114 Giving way when entering or driving in a roundabout115 Driving in a roundabout to the left of the central traffic island116 Obeying traffic lane arrows when driving in or leaving a roundabout117 Giving a change of direction signal when changing marked lanes or lines of

traffic in a roundabout118 Giving a left change of direction signal when leaving a roundabout119 Giving way by the rider of a bicycle or animal to a vehicle leaving a

roundabout

PART 10 – LEVEL CROSSINGS

120 What is a level crossing121 Stopping and giving way at a stop sign at a level crossing122 Giving way at a give way sign or give way line at a level crossing123 Entering a level crossing when a train or tram is approaching etc.124 Leaving a level crossing124A Buses at level crossings

PART 11 – KEEPING LEFT, OVERTAKING AND OTHER DRIVING RULES



DIVISION 1 – GENERAL125 Unreasonably obstructing drivers or pedestrians126 Keeping a safe distance behind vehicles127 Keeping a minimum distance between long vehicles128 Entering blocked intersections128A Entering blocked crossings

DIVISION 2 – KEEPING TO THE LEFT129 Keeping to the far left side of a road130 Keeping to the left on a multi-lane road131 Keeping to the left of oncoming vehicles132 Keeping to the left of the centre of a road or the dividing line133 Exceptions to keeping to the left of the centre of a road134 Exceptions to keeping to the left of a dividing line135 Keeping to the left of a median strip136 Driving on a one-way service road137 Keeping off a dividing strip138 Keeping off a painted island139 Exceptions for avoiding obstructions on a road

DIVISION 3 – OVERTAKING140 No overtaking unless safe to do so141 No overtaking etc. to the left of a vehicle142 No overtaking to the right of a vehicle turning right etc.143 Passing or overtaking a vehicle displaying a do not overtake turning vehicle

sign144 Keeping a safe distance when overtaking145 Driver being overtaken not to increase speed

DIVISION 4 – DRIVING IN MARKED LANES ORLINES OF TRAFFIC

146 Driving within a single marked lane or line of traffic147 Moving from one marked lane to another marked lane across a continuous

line separating the lanes148 Giving way when moving from one marked lane or line of traffic to another

marked lane or line of traffic148A Giving way when moving within a single marked lane149 Giving way when lines of traffic merge into a single line of traffic150 Driving on or across a continuous white edge line151 Riding a motor bike or bicycle alongside more than 1 other rider151A Lane filtering at excessive speed151B Circumstances in which a motor cycle rider may engage in lane filtering

DIVISION 5 – OBEYING OVERHEAD LANECONTROL DEVICES APPLYING TO MARKED LANES

152 Complying with overhead lane control devices

DIVISION 6 – DRIVING IN MARKED LANESDESIGNATED FOR SPECIAL PURPOSES

153 Bicycle lanes154 Bus lanes155 Tram lanes155A Tramways156 Transit lanes157 Truck lanes158 Exceptions to driving in special purpose lanes etc.159 Marked lanes required to be used by particular kinds of vehicles

TABLE OF PROVISIONS


DIVISION 7 – PASSING TRAMS AND SAFETYZONES

160 Passing or overtaking a tram that is not at or near the left side of a road161 Passing or overtaking a tram at or near the left side of a road162 Driving past a safety zone163 Driving past the rear of a stopped tram at a tram stop164 Stopping beside a stopped tram at a tram stop164A Tram stopping beside a driver at a tram stop

PART 12 – RESTRICTIONS ON STOPPING AND PARKING

DIVISION 1 – GENERAL165 Stopping in an emergency etc. or to comply with another rule166 Application of Part to bicycles

DIVISION 2 – NO STOPPING AND NO PARKINGSIGNS AND ROAD MARKINGS

167 No stopping signs168 No parking signs169 No stopping on a road with a yellow edge line

DIVISION 3 – STOPPING AT INTERSECTIONS ANDCROSSING

170 Stopping in or near an intersection171 Stopping on or near a children’s crossing172 Stopping on or near a pedestrian crossing (except at an intersection)173 Stopping on or near a marked foot crossing (except at an intersection)174 Stopping at or near bicycle crossing lights (except at an intersection)175 Stopping on or near a level crossing

DIVISION 4 – STOPPING ON CLEARWAYS ANDFREEWAYS AND IN EMERGENCY STOPPING LANES

176 Stopping on a clearway177 Stopping on a freeway178 Stopping in an emergency stopping lane

DIVISION 5 – STOPPING IN ZONES FORPARTICULAR VEHICLES

179 Stopping in a loading zone180 Stopping in a truck zone181 Stopping in a works zone182 Stopping in a taxi zone183 Stopping in a bus zone184 Stopping in a minibus zone185 Stopping in a permit zone186 Stopping in a mail zone

DIVISION 6 – OTHER PLACES WHERE STOPPINGIS RESTRICTED

187 Stopping in a bus lane, tram lane, tramway, transit lane, truck lane or ontram tracks

188 Stopping in a shared zone189 Double parking190 Stopping in or near a safety zone191 Stopping near an obstruction192 Stopping on a bridge or in a tunnel etc.



193 Stopping on a crest or curve outside a built-up area194 Stopping near a fire hydrant etc.195 Stopping at or near a bus stop196 Stopping at or near a tram stop197 Stopping on a path, dividing strip, nature strip, painted island or traffic island198 Obstructing access to and from a footpath, driveway etc.199 Stopping near a postbox200 Stopping on roads—heavy and long vehicles201 Stopping on a road with a bicycle parking sign202 Stopping on a road with a motor bike parking sign203 Stopping in a parking area for people with disabilities203A Stopping in a slip lane

DIVISION 7 – PERMISSIVE PARKING SIGNS ANDPARKING FEES

204 Meaning of certain information on or with permissive parking signs205 Parking for longer than indicated205A Parking outside times indicated206 Time extension for people with disabilities207 Parking where fees are payable

DIVISION 8 – PARALLEL PARKING208 Parallel parking on a road (except in a median strip parking area)208A Parallel parking in a road related area (except in a median strip parking

area)209 Parallel parking in a median strip parking area

DIVISION 9 – ANGLE PARKING210 Angle parking

DIVISION 10 – OTHER PARKING RELATED RULES211 Parking in parking bays212 Entering and leaving a median strip parking area213 Making a motor vehicle secure

PART 13 – LIGHTS AND WARNING DEVICES

DIVISION 1 – LIGHTS ON VEHICLES (EXCEPTBICYCLES, ANIMALS AND ANIMAL-DRAWN

VEHICLES214 Division does not apply to riders of bicycles, animals or animal-drawn

vehicles215 Using lights when driving at night or in hazardous weather conditions216 Towing a vehicle at night or in hazardous weather conditions217 Using fog lights218 Using headlights on high-beam219 Lights not to be used to dazzle other road users220 Using lights on vehicles that are stopped221 Using hazard warning lights222 Using warning lights on buses carrying children

DIVISION 2 – LIGHTS ON ANIMAL-DRAWNVEHICLES

223 Using lights when riding an animal-drawn vehicle at night or in hazardousweather conditions

DIVISION 3 – HORNS AND RADAR DETECTORS

TABLE OF PROVISIONS


224 Using horns and similar warning devices225 Using radar detectors and similar devices

DIVISION 4 – PORTABLE WARNING TRIANGLESFOR HEAVY VEHICLES

226 Heavy vehicles to be equipped with portable warning triangles227 Using portable warning triangles

PART 14 – RULES FOR PEDESTRIANS

DIVISION 1 – GENERAL228 No pedestrians signs229 Pedestrians on a road with a road access sign230 Crossing a road—general231 Crossing a road at pedestrian lights232 Crossing a road at traffic lights233 Crossing a road to or from a tram234 Crossing a road on or near a crossing for pedestrians235 Crossing a level crossing235A Crossing a pedestrian level crossing that has a red pedestrian light236 Pedestrians not to cause a traffic hazard or obstruction237 Getting on or into a moving vehicle238 Pedestrians travelling along a road (except while travelling on an electric

personal transporter or in or on a wheeled recreational device or toy)239 Pedestrians on a bicycle path or separated footpath

DIVISION 2 – RULES FOR PERSONS TRAVELLINGIN OR ON WHEELED RECREATIONAL DEVICES AND

WHEELED TOYS240 Wheeled recreational devices and toys not to be used on certain roads240A No wheeled recreational devices or toys sign241 Travelling in or on a wheeled recreational device or toy on a road242 Travelling in or on a wheeled recreational device or toy on a footpath or

shared path243 Travelling on rollerblades etc. on a bicycle path or separated footpath244 Wheeled recreational devices or wheeled toys being towed etc.244A Meanings of scooter244B Wearing of helmets and other requirements for users of scooters

DIVISION 3 – RULES FOR PERSONS TRAVELLINGON ELECTRIC PERSONAL TRANSPORTERS

244C Electric personal transporter routes and use areas244D Electric personal transporters must only be used on roads or road related

areas as part of an electric personal transporter tour244E Electric personal transporters must only be used on electric personal

transporter routes or in electric personal transporter use areas244F Electric personal transporters not to be used on certain roads244G No electric personal transporter sign244H Travelling on an electric personal transporter on a road244I Travelling on an electric personal transporter on a footpath or shared path or

in a shared zone244J Travelling on an electric personal transporter on a bicycle path or separated

footpath244K Electric personal transporter user to stop at red bicycle crossing light244L Electric personal transporter user to stop at yellow bicycle crossing light



244M Electric personal transporter user proceeding when bicycle crossing lightschange to yellow or red

244N Electric personal transporters being towed244O Person to have proper control of an electric personal transporter244P Wearing of bicycle helmets by persons travelling on electric personal

transporters244Q Equipment on electric personal transporters244R Minimum age requirement for travelling on electric personal transporters244S Speed-limit applicable to electric personal transporters244T Carrying people or animals on electric personal transporters244U Offence to consume intoxicating liquor while travelling on an electric personal

transporter244V Use of mobile phones by users of electric personal transporters

PART 15 – ADDITIONAL RULES FOR BICYCLE RIDERS

245 Riding a bicycle246 Carrying people on a bicycle247 Riding in a bicycle lane on a road247A Entering a bicycle storage area247B Giving way while entering or in a bicycle storage area248 No riding across a road on a crossing249 Riding on a separated footpath250 Riding on a footpath or shared path251 Riding to the left of oncoming bicycle riders on a path252 No bicycles signs and markings253 Bicycle riders not to cause a traffic hazard254 Bicycles being towed etc.255 Riding too close to the rear of a motor vehicle256 Bicycle helmets257 Riding with a person on a bicycle trailer258 Equipment on a bicycle259 Riding at night260 Stopping for a red bicycle crossing light261 Stopping for a yellow bicycle crossing light262 Proceeding when bicycle crossing lights change to yellow or red

PART 16 – RULES FOR PERSONS TRAVELLING IN OR ON VEHICLES

263 Application of Part to persons in or on trams264 Wearing of seatbelts by drivers265 Wearing of seatbelts by passengers 16 years old, or older266 Wearing of seatbelts by passengers under 16 years old267 Exemptions from wearing seatbelts or sitting in child restraints or booster

seats268 How persons must travel in or on a motor vehicle269 Opening doors and getting out of a vehicle etc.270 Wearing motor bike helmets271 Riding on motor bikes and motor cycles272 Interfering with the driver’s control of the vehicle etc.

PART 17 – ADDITIONAL RULES FOR DRIVERS OF TRAMS ANDPUBLIC BUSES AND IN THE CASE OF B LIGHTS, TO OTHER VEHICLES

PERMITTED TO DRIVE IN A BUS LANE

TABLE OF PROVISIONS


DIVISION 1 – TRAMS273 Division also applies to public buses travelling along tram tracks274 Stopping for a red T light275 Stopping for a yellow T light276 Exception to stopping for a red or yellow T light277 Proceeding after stopping for a red or yellow T light278 Proceeding when a red traffic light and a white T light or white traffic arrow is

showing279 Proceeding when a white T light or white traffic arrow is no longer showing

DIVISION 2 – PUBLIC BUSES280 Application of Division281 Stopping for a red B light282 Stopping for a yellow B light283 Exception to stopping for a red or yellow B light284 Proceeding after stopping for a red or yellow B light285 Proceeding when a red traffic light and a white B light or white traffic arrow is

showing286 Proceeding when a white B light or white traffic arrow is no longer showing

PART 18 – MISCELLANEOUS ROAD RULES

DIVISION 1 – MISCELLANEOUS RULES FORDRIVERS

287 Duties of driver involved in an accident288 Driving on a path289 Driving on a nature strip290 Driving on a traffic island291 Making unnecessary noise or smoke292 Insecure or overhanging load293 Removing fallen etc. things from the road294 Keeping control of a vehicle being towed295 Motor vehicle towing another vehicle with a towline296 Driving a vehicle in reverse297 Driver to have proper control of a vehicle etc.298 Driving with a person in a trailer299 Television receivers and visual display units in motor vehicles300 Use of mobile phones

DIVISION 2 – RULES FOR PEOPLE IN CHARGE OFANIMALS

301 Leading an animal while in or on a vehicle302 Rider of an animal on a footpath or nature strip to give way to pedestrians303 Riding an animal alongside more than 1 other rider303A Horse riding helmets to be worn by riders under 18

DIVISION 3 – OBEYING DIRECTIONS304 Direction by a police officer or authorised person

PART 19 – EXEMPTIONS

305 Exemption for drivers of police vehicles306 Exemption for drivers of emergency vehicles306A Exemption for drivers of enforcement vehicles and escort vehicles307 Stopping and parking exemption for police vehicles, emergency vehicles,

enforcement vehicles, escort vehicles and authorised persons



308 Exemption for police officers, emergency workers, enforcement vehicleworkers and escort vehicle workers on foot

309 Exemption for drivers of trams etc.310 Exemption for road workers etc.311 Exemption for oversize vehicles312 Exemption for tow truck drivers313 Exemption for postal vehicles313A Exemptions for drivers of incident response service vehicles

PART 20 – TRAFFIC CONTROL DEVICES AND TRAFFIC-RELATEDITEMS

DIVISION 1 – GENERAL314 Diagrams of traffic control devices, traffic-related items and symbols315 Legal effect of traffic control devices mentioned in these Rules316 When do traffic control devices comply substantially with these Rules317 Information on or with traffic control devices317A Traffic control devices applying on school days318 Limited effect of certain traffic control devices319 Legal effect of traffic-related items mentioned in these Rules320 When do traffic-related items comply substantially with these Rules321 Meaning of information on or with traffic control devices and traffic-related

items322 References to traffic control devices and traffic-related items on a road etc.323 References to lights that are traffic signals323A Audible lines

DIVISION 2 – APPLICATION OF TRAFFIC CONTROLDEVICES TO LENGTHS OF ROADS AND AREAS

324 Purpose of Division325 References to traffic control devices—application to lengths of road and

areas326 When do traffic control devices apply to a length of road or area—the basic

rules327 Length of road to which a traffic sign (except a parking control sign) applies328 References to a traffic control device applying to a length of road329 Traffic control devices applying to a marked lane330 Traffic control devices applying to a slip lane331 Traffic control devices applying to an intersection332 Parking control signs applying to a length of road333 Parking control signs applying to a length of road in an area to which

another parking control sign applies etc.334 How parking control signs apply to a length of road335 Traffic control devices applying to an area336 How separated footpath signs and separated footpath road markings apply

DIVISION 3 – APPLICATION OF TRAFFIC CONTROLDEVICES TO PERSONS

337 Purpose of Division338 References to traffic control devices—application to persons339 When do traffic control devices apply to a person—the basic rules340 Traffic control devices (except road markings and parking control signs)341 Road markings342 Traffic signs (except parking control signs) applying to a length of road343 Traffic signs (except parking control signs) applying to an area344 Traffic control devices applying to a driver in a marked lane

TABLE OF PROVISIONS


345 Traffic control devices applying to a driver in a slip lane346 Parking control signs

PART 21 – GENERAL

347 Meaning of abbreviations and symbols348 References to a driver doing something etc.349 References to certain kinds of roads350 References to stopping or parking on a length of road etc.351 References to left and right352 References to stopping as near as practicable to a place353 References to pedestrians crossing a road

PART 22 – ADDITIONAL VICTORIAN ROAD RULES

400 Definitions401 Obstructing roads402 Giving way to stock403 Requirement to travel at a safe speed near stock404 Requirement to stop at a stock crossing405 Vehicles must not be driven with an empty bicycle carrier attached406 Accompanying licensed drivers and excessive speed407 Corporation may declare or approve items for the purposes of the Road

Rules408 Transitional provision—Corporation approvals

SCHEDULE 1 – ABBREVIATIONS AND SYMBOLS

SCHEDULE 2 – STANDARD OR COMMONLY USED TRAFFIC SIGNS

SCHEDULE 3 – OTHER VICTORIAN PERMITTED TRAFFIC SIGNS

SCHEDULE 4 – SYMBOLS AND TRAFFIC-RELATED ITEMS

SCHEDULE 5 – REVOKED REGULATIONS

DICTIONARY




Table of Amending Legislation


Date ofcommencement

Road Safety Road Rules 2009 94 of 2009 9 Nov 2009




Date ofcommencement

Road Safety Road RulesAmendment Rules 2009

116 of 2009 Rr 4–12:29 Sep 2009

Road Safety Road Rules FurtherAmendment Rules 2009

137 of 2009 Rr 4–20: 4 Nov2009

Road Safety Road RulesAmendment (Speed-Limit) Rules2009

140 of 2009 R 3: 10 Nov2009

Road Safety Road Rules(Enforcement Vehicles andEscort Vehicles) AmendmentRules 2010

7 of 2010 Rr 4–15: 9 Feb2010

Road Safety Road RulesAmendment (Exemption andOther Matters) Rules 2010

137 of 2010 Rr 4–12:26 Oct 2010


24 of 2012 Rr 4–6: 3 Apr2012

Road Safety Road Rules FurtherAmendment Rules 2012

47 of 2012 Rr 5–27: 30 Jun2012

Road Safety Road RulesAmendment (Car Doors) Rules2012

83 of 2012 R 3: 31 Jul2012

Road Safety Road RulesAmendment (Bicycle) Rules2012

103 of 2012 Rr 3 and 4:18 Sep 2012

Road Safety Road RulesAmendment (Fire ServicesCommissioner) Rules 2012

157 of 2012 R 3: 11 Dec2012




Date ofcommencement





Date ofcommencement


88 of 2013 Rr 3–5: 25 Jun2013

Road Safety Road RulesAmendment (Mobile Phones andOther Devices) Rules 2013

134 of 2013 Rr 4 and 5:25 Nov 2013

Road Safety Road RulesAmendment (Heavy VehicleNational Law) Rules 2013

151 of 2013 Rr 5–18:10 Feb 2014

Road Safety Road RulesAmendment (CorporatePenalties) Rules 2014

68 of 2014 Rr 4–7: 1 Jul2014

Road Safety Road RulesAmendment (EmergencyManagement Commissioner)Rules 2014

132 of 2014 R 3: 16 Sep2014


146 of 2014 Rr 5–28 and30–32: 24 Sep2014; r 29:1 Oct 2014

Road Safety Road RulesAmendment (Stock Crossings)Rules 2015

86 of 2015 Rr 4–6: 1 Jul2015

Road Safety Road RulesAmendment (Lane Filtering)Rules 2015

120 of 2015 Rr 5–11: 2 Nov2015


125 of 2015 Rr 4–15:27 Oct 2015




Date ofcommencement





Date ofcommencement

Road Safety Road Rules(Electric Personal TransportersTrial) Amendment Rules 2016

98 of 2016 Rr 5–16: 9 Aug2016




Division 2 – Road users and vehicles14 Road users

A road user is a driver, rider, passenger or pedestrian.Note: Driver is defined in rule 16, pedestrian is defined in rule 18, and rider is defined in rule 17.

15 What is a vehicle

(1) A vehicle is a conveyance that is designed to be propelled or drawn by any means,whether or not capable of being so propelled or drawn, and includes—

(a) a motor vehicle, trailer and tram; and(b) a bicycle; and(c) an air-cushion vehicle—

but does not include a train.

(2) However, a reference in these Rules (except in this Division) to a vehicle—(a) includes a reference to—

(i) an animal that is being ridden or is drawing a vehicle; and(ii) a combination; but

(b) does not include a reference to—(i) a wheelchair other than a motorised wheelchair capable of a speed of

10 kilometres per hour or more; or(ii) a wheeled recreational device; or

(iii) a wheeled toy; or(iv) an electric personal transporter.

Note: Various terms mentioned in this rule are defined in the dictionary. Motor vehicle is defined in the RoadSafety Act 1986.

[Subr (2) am SR 98 of 2016, r 5]

[R 15 am SR 98 of 2016]

RULE 15 COMMENTARY

[4.8.10030] Vehicles and motor vehiclesMost offences contrary to the Road Rules involve motor vehicles, and to a lesser extent,vehicles.Each jurisdiction defines motor vehicles in subtly different ways.The Australian Road Rules define “motor vehicle” to mean a vehicle (other than a motorisedscooter) that is built to be propelled by a motor that forms part of the vehicle.The NSW dictionary defines “motor vehicle” to mean a vehicle (other than a bicycle) that isbuilt to be propelled by a motor that forms part of the vehicle. A “bicycle” includespower-assisted pedal cycles other than one with an internal combustion engine. The effect ofthis is that small capacity motorbikes (colloquially called “monkey bikes”) or petrol-poweredpushbikes remain within the meaning of “motor vehicle”.The Queensland Road Rules do not define “motor vehicle”. The Transport Operation (RoadUse Management) Act 1995 (Qld) dictionary defines “motor vehicle” to mean a vehiclepropelled by a motor that forms part of the vehicle, and includes a trailer attached to thevehicle, but does not include a motorised scooter, a “personal mobility device” or a“power-assisted bicycle”, which are each defined in the Act’s dictionary.

PART 2 – APPLICATION OF RULESr 15DIVISION 2 – ROAD USERS AND VEHICLES[4.8.10030]


The SA Road Rules defined “motor vehicle” to mean a vehicle (other than a motorised scooter)that is built to be propelled by a motor that forms part of the vehicle. “Scooter” and “motorisedscooter” are defined in r 244A.The Tasmanian Road Rules do not define “motor vehicle”. The Vehicle and Traffıc Act 1999(Tas), s 3 (definition of “motor vehicle”) provides that it means:

motor vehicle means a vehicle that is built to be propelled by a motor that forms part of thevehicle but does not include –

(a) an aircraft; or(b) a motor vehicle that travels only on a railway, tramway or other fixed track; or(c) a pedal cycle with an auxiliary motor (or motors) with a power output (or

combined power output) of not more than 200 watts; or(ca) a power-assisted pedal cycle within the meaning of the relevant ADR; or(d) a self-propelled lawn or grass mower constructed and used solely for mowing lawn

or grass that is not capable of travelling at a speed of more than 10 kilometres anhour; or

(e) a self-propelled wheelchair that is not capable of travelling at a speed of more than10 kilometres an hour; or

(f) a self-propelled vehicle –(i) not capable of travelling at a speed of more than 10 kilometres an hour;

and(ii) designed for off-road work in construction, maintenance or warehouse

operation; and(iii) only used on a public street for the purpose of loading or unloading

another vehicle, loading or unloading the vehicle onto another vehicle ormanoeuvring at a work site; or

(g) a vehicle of a class excluded by regulation from the ambit of this definition.The Victorian Road Rules also do not define “motor vehicle”. The Road Safety Act 1986, s 3(definition of “motor vehicle”) provides that it means:

a vehicle that is used or intended to be used on a highway and that is built to be propelledby a motor that forms part of the vehicle but does not include—

(a) a vehicle intended to be used on a railway or tramway; or(b) a motorised wheel-chair capable of a speed of not more than 10 kilometres per

hour which is used solely for the conveyance of an injured or disabled person; or(c) a vehicle that is not a motor vehicle by virtue of a declaration under

subsection (2)(b).See also [4.8.630] “motor vehicle”.Curiously, the Victorian provision uniquely incorporates hovercraft as a vehicle, though thereseems little objective evidence that that there is a greater incidence of anti-social hovercraftingin Victoria compared to the rest of Australia.Victoria is also unique in that it alone goes on to further define “vehicle” in Road Safety Act1986, s 3 (definition of “vehicle”) as a conveyance that is designed to be propelled or drawn byany means, whether or not capable of being so propelled or drawn, and includes bicycle orother pedal-powered vehicle, trailer, tram-car and air-cushion vehicle but does not includerailway locomotive or railway rolling stock. In contrast, the other jurisdictions typically referany definition of “vehicle” back to r 15.

16 Who is a driver

(1) A driver is the person who is driving a vehicle (except a motor bike, bicycle, animalor animal-drawn vehicle).Notes:

ROAD SAFETYr 16 ROAD SAFETY ROAD RULES 2009 [4.8.10030]


1 Bicycle and motor bike are defined in the dictionary, and vehicle is defined in rule 15.2 Drive includes be in control of—see the definition in the dictionary.

(2) However, a driver does not include a person pushing a motorised wheelchair.Note: Wheelchair is defined in the dictionary.

17 Who is a rider

(1) A rider is the person who is riding a motor bike, bicycle, animal or animal-drawnvehicle.Notes:

1 Bicycle and motor bike are defined in the dictionary.2 Ride, for the rider of a motor bike or animal-drawn vehicle, includes be in control of—see the

definition in the dictionary.

(2) A rider does not include—(a) a passenger; or(b) a person walking beside and pushing a bicycle.

RULE 17 COMMENTARY

[4.8.10040] Riding a bicycleA person placed his left foot on the right pedal of the bicycle and his right foot was off theground. In that manner he proceeded down a footpath for at least 10m, at faster than walkingpace, in what was described as “scooting” or “coasting”. Held, the conduct amounted to riding:Thomas v Kent [2014] WASC 23.

18 Who is a pedestrianA pedestrian includes—

(a) a person driving a motorised wheelchair that cannot travel at over 10 kilometresper hour (on level ground); and

(b) a person in a non-motorised wheelchair; and(c) a person pushing a motorised or non-motorised wheelchair; and(d) a person in or on a wheeled recreational device or wheeled toy; and

[Para (d) am SR 98 of 2016, r 6(1)(a)]

(e) a person travelling on an electric personal transporter.[Para (e) insrt SR 98 of 2016, r 6(1)(b)]Note: Electric personal transporter, travel on, wheelchair, wheeled recreational device and wheeled toy aredefined in the dictionary.

[R 18 am SR 98 of 2016, r 6(2)]

19 References to driver includes rider etc.Unless otherwise expressly stated a reference in these Rules (except in this Division) to

a driver includes a reference to a rider, and a reference in these Rules (except in thisDivision) to driving includes a reference to riding.


PART 2 – APPLICATION OF RULESr 19DIVISION 2 – ROAD USERS AND VEHICLES[4.8.10040]


PART 14 – RULES FOR PEDESTRIANSDivision 1 – General

Notes:1 For the Road Rules, a pedestrian includes—

• a person driving a motorised wheelchair that cannot travel at over 10 kilometres per hour (on levelground);

• a person in a non-motorised wheelchair;• a person pushing a motorised or non-motorised wheelchair;• a person in or on a wheeled recreational device or wheeled toy;• a person travelling on an electric personal transporter (see rule 18).

2 Electric personal transporter, travel on, wheelchair, wheeled recreational device and wheeled toyare defined in the dictionary.

[Div 1 note am SR 98 of 2016, r 7]

228 No pedestrians signsA pedestrian must not travel past a no pedestrians sign.


229 Pedestrians on a road with a road access signA pedestrian must not be on a length of road to which a road access sign applies if

information on or with the sign indicates that pedestrians are not permitted beyond the sign.Penalty: 5 penalty units.Notes:

1 Length of road and with are defined in the dictionary.2 For the way in which a road access sign applies, see rule 97. The sign is usually used on a freeway.


Notes for diagram:1 There is another permitted version of the road access sign—see the diagram in Schedule 3.2 The sign may indicate that it applies to different or additional vehicles or persons—see rule 316(4).

230 Crossing a road—general

(1) A pedestrian crossing a road—(a) must cross by the shortest safe route; and(b) must not stay on the road longer than necessary to cross the road safely.


(2) However, if the pedestrian is crossing the road at an intersection with traffic lightsand a pedestrians may cross diagonally sign, the pedestrian may cross the road diagonallyat the intersection.Note: Intersection and traffic lights are defined in the dictionary.

(3) In this rule—

road does not include a road related area, but includes any shoulder of the road.Note: Road related area is defined in rule 13, and shoulder is defined in rule 12.

231 Crossing a road at pedestrian lights

(1) A pedestrian approaching or at an intersection, or another place on a road, withpedestrian lights and traffic lights must comply with this rule.Penalty: 2 penalty units.Note: Intersection, pedestrian lights and traffic lights are defined in the dictionary.

(2) If the pedestrian lights show a red pedestrian light and the pedestrian has not alreadystarted crossing the intersection or road, the pedestrian must not start to cross until thepedestrian lights change to green.Notes:

1 Green pedestrian light and red pedestrian light are defined in the dictionary.2 A traffic control device (including pedestrian lights) generally only applies to a person if the device

faces the person—see Part 20, Division 3, especially rule 340.

(3) If, while the pedestrian is crossing the road, the pedestrian lights change to flashingred or red, the pedestrian must not stay on the road for longer than necessary to cross safelyto the nearer (in the direction of travel of the pedestrian) of the following—

(a) a dividing strip, safety zone, or traffic island, forming part of the area set aside orused by pedestrians to cross the road at the intersection or place (the safety area);

(b) the nearest side of the road.Note: Dividing strip and traffic island are defined in the dictionary, and safety zone is defined in rule 162.

ROAD SAFETYr 229 ROAD SAFETY ROAD RULES 2009


(4) If, under subrule (3), the pedestrian crosses to the safety area, the pedestrian mustremain in the safety area until the pedestrian lights change to green.

(5) However, if the pedestrian cannot operate the pedestrian lights from the safety area,the pedestrian may cross to the far side of the road when—

(a) the traffic lights change to green or flashing yellow, or there is no red traffic lightshowing; and

(b) it is safe to do so.Note: Red traffic light is defined in the dictionary.

(6) In this rule—


232 Crossing a road at traffic lights

(1) A pedestrian approaching or at an intersection, or another place on a road, withtraffic lights, but without pedestrian lights, must comply with this rule.Penalty: 2 penalty units.Note: Intersection, pedestrian lights and traffic lights are defined in the dictionary.

(2) If the traffic lights show a red or yellow traffic light and the pedestrian has notalready started crossing the intersection or road, the pedestrian must not start to cross untilthe traffic lights change to green or flashing yellow, or there is no red traffic light showing.Note: Green traffic light, red traffic light and yellow traffic light are defined in the dictionary.

(3) If, while the pedestrian is crossing the road, the traffic lights change to yellow or red,the pedestrian must not stay on the road for longer than necessary to cross safely to thenearer (in the direction of travel of the pedestrian) of the following—

(a) a dividing strip, safety zone, or traffic island, forming part of the area set aside orused by pedestrians to cross the road at the intersection or place (the safety area);

(b) the far side of the road.Note: Dividing strip and traffic island are defined in the dictionary, and safety zone is defined in rule 162.

[Subr (3) am SR 47 of 2012, r 15(1)]

(3A) Despite subrule (3), in the circumstances set out in that subrule the pedestrian mayinstead return to the side of the road, or to the safety area, that he or she has just left, butonly if—

(a) at the time the lights change, that side or safety area is closer to him or her thanthe side or safety area (whichever is the closer) that he or she was heading for atthat time; and

PART 14 – RULES FOR PEDESTRIANSr 232DIVISION 1 – GENERAL


(b) he or she does not stay on the road for longer than is necessary to return to thatside or safety area.

[Subr (3A) insrt SR 47 of 2012, r 15(2)]

(4) If, under subrule (3), the pedestrian crosses to the safety area, the pedestrian mustremain in the safety area until the traffic lights change to green or flashing yellow, or thereis no red traffic light showing.

(5) In this rule—


[R 232 am SR 47 of 2012]

233 Crossing a road to or from a tram

(1) A pedestrian must not cross a road to get on a tram at a tram stop until the tram hasstopped at the tram stop.Penalty: 2 penalty units.Note: Tram is defined in the dictionary.

(2) A pedestrian crossing a road after getting off a tram—(a) must cross to the nearest footpath by the shortest safe route or, if there is no

footpath, cross the road by the shortest safe route; and(b) must not stay on the road for longer than necessary to cross the road safely.

Penalty: 2 penalty units.Note: Footpath is defined in the dictionary.

(3) This rule does not apply to a pedestrian—(a) on a safety zone; or(b) crossing a road to or from a safety zone.

Note: Safety zone is defined in rule 162.

(4) Subrule (2) does not apply to—(a) a pedestrian in a shared zone; or(b) an employee of a public transport operator who is in uniform and engaged in

carrying out his or her duties.Note: Shared zone is defined in rule 24.

(5) In this rule—

road does not include a road related area, but includes any shoulder of the road;

tram includes a bus travelling along tram tracks.Notes:

1 Bus is defined in the Road Safety Act 1986, travelling along tram tracks is defined in the dictionary,road related area is defined in rule 13, and shoulder is defined in rule 12.

2 For the duties of drivers where there are pedestrians getting on or off trams or buses, or in safetyzones, see rules 162 to 164A.

[Subr (5) am SR 47 of 2012, r 16]

[R 233 am SR 47 of 2012]

234 Crossing a road on or near a crossing for pedestrians

(1) A pedestrian must not cross a road, or part of a road, within 20 metres of a crossingon the road, except at the crossing or another crossing, unless the pedestrian is—



(a) crossing, or helping another pedestrian to cross, an area of the road between tramtracks and the far left side of the road to get on, or after getting off, a tram orpublic bus; or

(b) crossing to or from a safety zone; or(c) crossing at an intersection with traffic lights and a pedestrians may cross

diagonally sign; or(d) crossing in a shared zone; or(e) crossing a road, or a part of a road, from which vehicles are excluded, either

permanently or temporarily.Penalty: 2 penalty units.Note: Intersection, public bus, traffic lights, tram and tram tracks are defined in the dictionary, safety zone isdefined in rule 162, and shared zone is defined in rule 24.

(2) A pedestrian must not stay on a crossing on a road for longer than necessary to crossthe road safely.Penalty: 2 penalty units.

(3) Subrule (2) does not apply to a person who is helping pedestrians cross a road at acrossing if the person is—

(a) employed by the Council as a children’s crossing supervisor and is acting in thecourse of his or her duty; or

(b) a uniformed municipal traffic officer engaged in the supervision of a crossing; or(c) permitted to do so under regulation 13 of the Road Safety (Traffıc Management)

Regulations 2009.[Subr (3) am SR 137 of 2009, r 13]

(4) In this rule—

crossing means a children’s crossing, marked foot crossing or pedestrian crossing.Note: Children’s crossing is defined in rule 80, marked foot crossing is defined in the dictionary,and pedestrian crossing is defined in rule 81.

[R 234 am SR 137 of 2009]

235 Crossing a level crossing

(1) A pedestrian must not cross a railway line, or tram tracks, at a level crossingunless—

(a) there is a pedestrian facility at the crossing and the pedestrian uses the facility; or(b) there is no pedestrian facility at, or within 20 metres of, the crossing.

Penalty: 2 penalty units.Notes:



1 Level crossing is defined in rule 120.

2 If the pedestrian facility is a footpath or shared path at which there is a red pedestrian light, rule 235Aimposes further obligations on pedestrians using the facility.

(2) A pedestrian must not cross a railway line, or tram tracks, at a level crossing if—(a) warning lights (for example, twin red lights or rotating red lights) are flashing or

warning bells are ringing; or(b) a gate, boom or barrier at the crossing is closed or is opening or closing; or(c) a train or tram is on or entering the crossing; or(d) a train or tram approaching the crossing can be seen from the crossing or is

sounding a warning, and there would be a danger of the pedestrian being struckby the train or tram if the pedestrian entered the crossing; or

(e) the crossing, or a road beyond the crossing, is blocked.Penalty: 2 penalty units.Example for subrule (2)(e): The crossing, or a road beyond the crossing, may be blocked by congested traffic,a disabled vehicle, a collision between vehicles or between a vehicle and a pedestrian, or by stock on the road.

Note: Enter and twin red lights are defined in the dictionary.

(2A) If any of the following events occurs after a pedestrian has started to cross arailway line, or tram tracks, at a level crossing, he or she must finish crossing the line ortracks without delay—

(a) warning lights start flashing, or warning bells start ringing;(b) a gate, boom or barrier starts to close;(c) a train or tram approaches the crossing.


(3) In this rule—

pedestrian facility means a footpath, bridge or other structure designed for the use ofpedestrians.Note: Footpath is defined in the dictionary.

235A Crossing a pedestrian level crossing that has a red pedestrian light

(1) A pedestrian level crossing is an area where a footpath or shared path crosses arailway line or tram tracks at substantially the same level.Note: Footpath and tram tracks are defined in the dictionary. Shared path is defined in rule 242.

(2) If a pedestrian approaches a pedestrian level crossing that has a red pedestrian light,he or she must not start to cross the crossing while the light is red.Penalty: 2 penalty units.Note: Red pedestrian light is defined in the dictionary.

(3) If a red pedestrian light at a pedestrian level crossing appears after a pedestrian hasstarted to cross the crossing, he or she must finish crossing the crossing without delay.Penalty: 2 penalty units.Note: Red pedestrian light is defined in the dictionary.



236 Pedestrians not to cause a traffic hazard or obstruction

(1) A pedestrian must not cause a traffic hazard by moving into the path of a driver.Penalty: 1 penalty unit.

(2) A pedestrian must not unreasonably obstruct the path of any driver or anotherpedestrian.Penalty: 1 penalty unit.

(3) For subrule (2), a pedestrian does not unreasonably obstruct the path of anotherpedestrian only by travelling more slowly than other pedestrians.

(4) A pedestrian must not stand on, or move onto, a road to—(a) solicit contributions, employment or business from an occupant of a vehicle; or(b) hitchhike; or(c) display an advertisement; or(d) sell or offer articles for sale; or(e) wash or clean, or offer to wash or clean, the windscreen of a vehicle (other than

a parked vehicle).Penalty: 2 penalty units.

(5) In this rule—

road includes any shoulder of the road, but does not include any other road relatedarea.Note: Shoulder is defined in rule 12, and road related area is defined in rule 13.

237 Getting on or into a moving vehicle

(1) A person must not get on, or into, a moving vehicle unless—(a) the person is engaged in the door-to-door delivery or collection of goods, or in

the collection of waste or garbage, and is required to get in or out of the vehicle,or on or off the vehicle, at frequent intervals; and

(b) the vehicle is not travelling at a speed over 5 kilometres per hour.Penalty: 2 penalty units.

(2) This rule does not apply to a person who is getting on or off a bicycle or animal.Notes:

1 Bicycle is defined in the dictionary.2 Rule 269(1) prohibits a person getting off, or out of, a moving vehicle.

238 Pedestrians travelling along a road (except while travelling on an electric



personal transporter or in or on a wheeled recreational device or toy)

(1) A pedestrian must not travel along a road if there is a footpath or nature stripadjacent to the road, unless it is impracticable to travel on the footpath or nature strip.Penalty: 2 penalty units.Note: Footpath and nature strip are defined in the dictionary.

(2) A pedestrian travelling along a road—(a) must keep as far to the left or right side of the road as is practicable; and

(ab) must, when moving forward, face approaching traffic that is moving in thedirection opposite to which the pedestrian is travelling, unless it is impracticableto do so; and

(b) must not travel on the road alongside more than 1 other pedestrian or vehicletravelling on the road in the same direction as the pedestrian, unless thepedestrian is overtaking other pedestrians.


(2A) This rule does not apply to a pedestrian in a shared zone.Note: Shared zone is defined in the dictionary.

[Subr (2A) insrt SR 146 of 2014, r 17]

(3) In this rule—

pedestrian does not include a person travelling on an electric personal transporter or inor on a wheeled recreational device or wheeled toy;

[Def am SR 98 of 2016, r 8(2)]

road does not include a road related area, but includes any shoulder of the road.Notes:

1 Road related area is defined in rule 13, shoulder is defined in rule 12, and electric personaltransporter, wheeled recreational device and wheeled toy are defined in the dictionary.

2 Persons travelling on roads in or on wheeled recreational devices or wheeled toys are dealt with inrule 241.

3 Persons travelling on roads on an electric personal transporter are dealt with in rule 244H.

[Subr (3) am SR 98 of 2016, r 8(3)]

[R 238 am SR 98 of 2016, r 8(1); SR 146 of 2014]

239 Pedestrians on a bicycle path or separated footpath

(1) A pedestrian must not be on a bicycle path, or a part of a separated footpathdesignated for the use of bicycles, unless the pedestrian—

(a) is crossing the bicycle path or separated footpath by the shortest safe route; and(b) does not stay on the bicycle path or separated footpath for longer than necessary

to cross the bicycle path or separated footpath safely.Penalty: 2 penalty units.Notes:

1 Bicycle is defined in the dictionary, and bicycle path and separated footpath are defined insubrule (4).

2 Rule 336 deals with how parts of a separated footpath are designated for bicycle riders andpedestrians.

(2) However, a pedestrian may be on a bicycle path, or a part of a separated footpathdesignated for the use of bicycles, if—

(a) the pedestrian is—(i) in or pushing a wheelchair; or



(ii) on rollerblades, rollerskates or a similar wheeled recreational device;and

(b) there is no traffic control device, or information on or with a traffic controldevice, applying to the bicycle path or separated footpath that indicates that thepedestrian is not permitted to be on the bicycle path or the part of the separatedfootpath designated for the use of bicycles.

Notes:1 Electric personal transporter, traffic control device, wheelchair, wheeled recreational device and

with are defined in the dictionary.2 Rule 243(2) provides that a person travelling on rollerblades, rollerskates, or a similar wheeled

recreational device, on a bicycle path, or a part of a separated footpath designated for the use ofbicycles, must keep out of the path of any bicycle.

3 Rule 244J(3) provides that a person travelling on an electric personal transporter on a bicycle pathmust keep out of the path of any bicycle.

[Subr (2) am SR 98 of 2016, r 9(1)]

(2A) Also, a pedestrian may be on a bicycle path if—(a) the pedestrian is a person travelling on an electric personal transporter; and(b) there is no traffic control device, or information on or with a traffic control

device, applying to the bicycle path that indicates that a person travelling on anelectric personal transporter is not permitted to be on the bicycle path.


(3) A pedestrian who is crossing a bicycle path, or a part of a separated footpathdesignated for the use of bicycles, must keep out of the path of any bicycle, or anypedestrian who is permitted under subrule (2) to be on the bicycle path, or the part of theseparated footpath designated for the use of bicycles.Penalty: 2 penalty units.

(4) In these Rules—

bicycle path means a length of path beginning at a bicycle path sign or bicycle pathroad marking, and ending at the nearest of the following—

(a) an end bicycle path sign or end bicycle path road marking;(b) a separated footpath sign or separated footpath road marking;(c) a road (except a road related area);(d) the end of the path;

Note: Road related area is defined in rule 13.

bicycle path road marking means a road marking on a path, consisting of a bicyclesymbol, the words “bicycles only”, or both the bicycle symbol and the word“only”;Note: Bicycle symbol is defined in the dictionary.

end bicycle path road marking means a bicycle path road marking with the word“end”;

end separated footpath road marking means a separated footpath road marking withthe word “end”;

separated footpath means a length of footpath beginning at a separated footpath signor separated footpath road marking, and ending at the nearest of the following—

(a) an end separated footpath sign or end separated footpath road marking;(b) a bicycle path sign or bicycle path road marking;(c) a no bicycles sign or no bicycles road marking;(d) a road (except a road related area);



(e) the end of the footpath;Note: Footpath and no bicycles road marking are defined in the dictionary.

separated footpath road marking means a road marking on a footpath consisting of apedestrian symbol and a bicycle symbol side by side, with or without the word“only”.Note: Pedestrian symbol is defined in the dictionary.

Notes for diagrams:1 There is another permitted version of a bicycle path sign and end bicycle path sign, and

another permitted version of a separated footpath sign and an end separated footpathsign—see the diagrams in Schedule 3.

2 A separated footpath sign may have the pedestrian symbol and the bicycle symbolreversed—see rule 316(4).

[R 239 am SR 98 of 2016]




Division 2 – Rules for persons travelling in or on wheeledrecreational devices and wheeled toys

Notes:1 For the Road Rules, a person in or on a wheeled recreational device or wheeled toy is a pedestrian,

not a rider—see rule 18(d). This Division contains rules that apply only to persons travelling in or onwheeled recreational devices and wheeled toys.

2 Wheeled recreational device and wheeled toy are defined in the dictionary.

3 Rules that apply to users of wheeled recreational devices also apply to users of motorisedscooters—see the definitions of wheeled recreational device and scooter in the dictionary.

240 Wheeled recreational devices and toys not to be used on certain roads

(1) A person must not travel in or on a wheeled recreational device or wheeled toy on—(a) a road with a dividing line or median strip; or(b) a road on which the speed-limit is greater than 50 kilometres per hour; or(c) a one-way road with more than 1 marked lane.

Penalty: 2 penalty units.Note: Dividing line, marked lane, median strip and one-way road are defined in the dictionary.

(2) A person must not travel in or on a wheeled recreational device on a road at night.Penalty: 2 penalty units.Note: Night is defined in the dictionary.

(3) Subrule (1) does not apply to a person who is crossing a road in or on a wheeledrecreational device or wheeled toy, if the person—

(a) crosses the road by the shortest safe route; and(b) does not stay on the road longer than necessary to cross the road safely; and(c) is not prohibited, under these Rules, from crossing the road in or on the wheeled

recreational device or wheeled toy.

(4) In subrule (1) road does not include road related area, but includes any shoulder ofthe road.Note: Road related area is defined in rule 13, and shoulder is defined in rule 12.

240A No wheeled recreational devices or toys signA person on a road who is travelling in or on a wheeled recreational device or wheeled

toy must not travel past a no wheeled recreational devices or toys sign.Penalty: 2 penalty units.

PART 14 – RULES FOR PEDESTRIANSr 240ADIV 2 – RULES FOR WHEELED RECREATIONAL DEVICES ETC


241 Travelling in or on a wheeled recreational device or toy on a road

(1) A person travelling in or on a wheeled recreational device or wheeled toy on aroad—

(a) must keep as far to the left side of the road as is practicable; and(b) must not travel alongside more than 1 other pedestrian or vehicle travelling on

the road in the same direction as the person, unless the person is overtaking otherpedestrians.


(2) In this rule—

road does not include a road related area, but, in subrule (1)(b), includes any shoulderof the road.Note: Road related area is defined in rule 13, and shoulder is defined in rule 12.

242 Travelling in or on a wheeled recreational device or toy on a footpath orshared path

(1) A person travelling in or on a wheeled recreational device or wheeled toy on afootpath or shared path must—

(a) keep to the left of the footpath or shared path unless it is impracticable to do so;and

(b) give way to any pedestrian (except a person travelling on an electric personaltransporter or in or on a wheeled recreational device or wheeled toy) who is onthe footpath or shared path.

Penalty: 2 penalty units.Notes:

1 Electric personal transporter, footpath and travel on are defined in the dictionary.2 For this rule, give way means the person must slow down and, if necessary, stop to avoid a

collision—see the definition in the dictionary.3 Bicycle riders on footpaths and shared paths must give way to persons travelling in or on wheeled

recreational devices or toys, as well as other pedestrians—see rule 250(2).

[Subr (1) am SR 98 of 2016, r 10]

(2) A shared path is an area open to the public (except a separated footpath) that isdesignated for, or has as one of its main uses, use by both the riders of bicycles and

ROAD SAFETYr 240A ROAD SAFETY ROAD RULES 2009


pedestrians, and includes a length of path for use by both bicycles and pedestriansbeginning at a shared path sign or shared path road marking and ending at the nearest of thefollowing—

(a) an end shared path sign or end shared path road marking;(b) a no bicycles sign or no bicycles road marking;(c) a bicycle path sign or bicycle path road marking;(d) a road (except a road related area);(e) the end of the path.

Note: Bicycle and no bicycles road marking are defined in the dictionary, road related area is defined inrule 13, and bicycle path road marking and separated footpath are defined in rule 239.

Note for diagrams: There is another permitted version of the bicycle path sign, shared path sign and endshared path sign—see the diagrams in Schedule 3.

(3) In this rule—

end shared path road marking means a shared path road marking with the word “end”;

shared path road marking means a road marking consisting of a pedestrian symbolabove a bicycle symbol.

[R 242 am SR 98 of 2016]

243 Travelling on rollerblades etc. on a bicycle path or separated footpath

(1) A person travelling on rollerblades, rollerskates, or a similar wheeled recreationaldevice, must not be on a part of a separated footpath designated for the use of pedestriansunless the person—

(a) is crossing the separated footpath by the shortest safe route; and(b) does not stay on the separated footpath for longer than necessary to cross the

separated footpath safely.Penalty: 2 penalty units.Note: Separated footpath is defined in rule 239.

PART 14 – RULES FOR PEDESTRIANSr 243DIV 2 – RULES FOR WHEELED RECREATIONAL DEVICES ETC


(2) A person travelling on rollerblades, rollerskates, or a similar wheeled recreationaldevice, on a bicycle path, or a part of a separated footpath designated for the use ofbicycles, must keep out of the path of any bicycle.Penalty: 2 penalty units.Note: Bicycle is defined in the dictionary, and bicycle path is defined in rule 239.

244 Wheeled recreational devices or wheeled toys being towed etc.

(1) A person must not travel in or on a wheeled recreational device or wheeled toy thatis being towed by a vehicle.Penalty: 2 penalty units.

(2) A person travelling in or on a wheeled recreational device or wheeled toy must nothold onto a vehicle while the vehicle is moving.Penalty: 2 penalty units.

(3) A person travelling in or on a wheeled recreational device or wheeled toy must nottravel within 2 metres of the rear of a moving motor vehicle continuously for more than200 metres.Penalty: 2 penalty units.Note: Vehicle is defined in rule 15.

244A Meanings of scooterIn these Rules scooter means a vehicle (with or without a seat) that—

(a) has either 2 wheels (one in front of the other) or 3 wheels (one in front and twoat the rear); and

(b) has a footboard between the front and rear wheels; and(c) is steered by means of a handlebar; and(d) can be propelled by one or both of the following—

(i) a person pushing one foot against the ground;(ii) one or more motors.

244B Wearing of helmets and other requirements for users of scooters

(1) A person who is travelling on a scooter on a road or road related area must wear anapproved bicycle helmet securely fitted and fastened on the person’s head, unless—

(a) the Corporation has issued a certificate to the person under subrule (2) and theperson complies with subrule (3); or

(b) the person is exempt from this rule under subrule (3A).Penalty: 5 penalty units.Note: Approved bicycle helmet is defined in the dictionary.

[Subr (1) subst SR 125 of 2015, r 6(1)]

(2) The Corporation may issue a certificate stating that it would be impractical,undesirable or inexpedient that the person named in the certificate wear a bicycle helmetwhile travelling on a scooter.

(3) A certificate issued under subrule (2) must be—(a) carried by the person to whom it applies while the person is travelling on a

scooter; and(b) produced by the person to a police officer or authorised person when requested to

do so.

(3A) A person is exempt from wearing a bicycle helmet under subrule (1) if—



(a) the person is a member of a religious group; and(b) the person is wearing a type of headdress customarily worn by members of that

group; and(c) the wearing of the headdress makes it impractical for the person to wear a bicycle

helmet.[Subr (3A) insrt SR 125 of 2015, r 6(2)]

(4) A person must not travel on a scooter that does not have—(a) at least 1 effective brake; and(b) a bell, horn, or similar warning device, in working order.


(5) A person must not travel on a scooter at night, or in hazardous weather conditionscausing reduced visibility, unless the scooter, or the person, displays—

(a) a flashing or steady white light that is clearly visible for at least 200 metres fromthe front of the scooter; and

(b) a flashing or steady red light that is clearly visible for at least 200 metres from therear of the scooter; and

(c) a red reflector that is clearly visible for at least 50 metres from the rear of thescooter when light is projected onto it by a vehicle’s headlight on low-beam.

Penalty: 5 penalty units.[R 244B am SR 125 of 2015]


PART 14 – RULES FOR PEDESTRIANSr 244BDIV 2 – RULES FOR WHEELED RECREATIONAL DEVICES ETC


Division 3 – Rules for persons travelling on electric personaltransporters

[Div 3 insrt SR 98 of 2016, r 11]

244C Electric personal transporter routes and use areas

(1) The Corporation, for the purposes of this Division, by notice published in theGovernment Gazette, may do either or both of the following—

(a) specify a route consisting of specified roads and road related areas as an electricpersonal transporter route;

(b) specify an area encompassing roads and road related areas to be an electricpersonal transporter use area.

(2) Before the Corporation publishes a notice under subrule (1), it must consult with anyother road authority that the Corporation considers may be affected by that publication.

(3) In this rule—

road authority has the same meaning as in the Road Management Act 2004.[R 244C insrt SR 98 of 2016, r 11]

244D Electric personal transporters must only be used on roads or roadrelated areas as part of an electric personal transporter tour

A person must not travel on an electric personal transporter on a road or road related areaunless the person is taking part in an electric personal transporter tour on an electricpersonal transporter supplied to the person as part of that tour.Penalty: 3 penalty units.Note: A local law may provide that a permit is required in order to operate an electric personal transporter tour.

[R 244D insrt SR 98 of 2016, r 11]

244E Electric personal transporters must only be used on electric personaltransporter routes or in electric personal transporter use areas

A person must not travel on an electric personal transporter on a road or road related areaunless that road or road related area is an electric personal transporter route or in an electricpersonal transporter use area.Penalty: 3 penalty units.[R 244E insrt SR 98 of 2016, r 11]

244F Electric personal transporters not to be used on certain roads

(1) A person must not travel on an electric personal transporter on a road if there is abicycle path, footpath, nature strip or shared path adjacent to the road, unless it isimpracticable to travel on the bicycle path, footpath, nature strip or shared path.Penalty: 3 penalty units.Note: Footpath and nature strip are defined in the dictionary, bicycle path is defined in rule 239, and sharedpath is defined in rule 242.

(2) A person must not travel on an electric personal transporter on—(a) a road with a dividing line or median strip; or(b) a road on which the speed-limit is greater than 50 kilometres per hour; or(c) a one-way road with more than one marked lane.

Penalty: 3 penalty units.Note: Dividing line, marked lane, median strip and one-way road are defined in the dictionary.

r 244FDIV 3 – RULES FOR PERSONS TRAVELLING ON ELECTRIC PERSONAL TRANSPORTERS


(3) A person must not travel on an electric personal transporter on a road or road relatedarea at night.Penalty: 3 penalty unitsNote: Night is defined in the dictionary.

(4) Subrule (1) does not apply to a person travelling on an electric personal transporterin a shared zone.

(5) Subrule (2) does not apply to a person who is crossing a road on an electric personaltransporter if the person—

(a) crosses the road by the shortest safe route; and(b) does not stay on the road longer than necessary to cross the road safely; and(c) is not prohibited, under these Rules, from crossing the road on an electric

personal transporter.

(6) In subrules (1) and (2), road does not include a road related area, but includes anyshoulder of the road.Note: Road related area is defined in rule 13 and shoulder is defined in rule 12.

[R 244F insrt SR 98 of 2016, r 11]

244G No electric personal transporter signA person on a road who is travelling on an electric personal transporter must not travel

past a no electric personal transporter sign.Penalty: 3 penalty units.

[R 244G insrt SR 98 of 2016, r 11]

244H Travelling on an electric personal transporter on a road

(1) A person travelling on an electric personal transporter on a road must keep as far tothe left side of the road as is practicable.Penalty: 3 penalty units.

(2) A person travelling on an electric personal transporter on a road or road related areamust not travel alongside more than 1 other pedestrian or vehicle travelling on the road orroad related area in the same direction as the person, unless the person is overtaking otherpedestrians.Penalty: 3 penalty units.

(3) In subrule (1), road does not include a road related area.Note: Road related area is defined in rule 13.

[R 244H insrt SR 98 of 2016, r 11]

ROAD SAFETYr 244F ROAD SAFETY ROAD RULES 2009


244I Travelling on an electric personal transporter on a footpath or sharedpath or in a shared zone

(1) A person travelling on an electric personal transporter on a footpath or shared pathmust keep to the left of the footpath or shared path unless it is impracticable to do so.Penalty: 3 penalty units.

(2) A person travelling on an electric personal transporter on a footpath or shared path orin a shared zone must give way to any pedestrian (except a person travelling on an electricpersonal transporter or in or on a wheeled recreational device or wheeled toy) who is on thefootpath or shared path or in the shared zone.Penalty: 3 penalty units.Notes

1 Footpath is defined in the dictionary and shared path is defined in rule 242.2 For this rule, give way means the person must slow down and, if necessary, stop to avoid a

collision—see the definition in the dictionary.3 Bicycle riders on footpaths and shared paths are not required to give way to persons travelling on

electric personal transporters—see rule 250(2).

[R 244I insrt SR 98 of 2016, r 11]

244J Travelling on an electric personal transporter on a bicycle path orseparated footpath

(1) A person travelling on an electric personal transporter must not be on a part of aseparated footpath designated for the use of bicycles unless the person—

(a) is crossing the separated footpath by the shortest safe route; and(b) does not stay on the separated footpath for longer than necessary to cross the

separated footpath safely.Penalty: 3 penalty units.

(2) A person travelling on an electric personal transporter on part of a separated footpathdesignated for the use of pedestrians must give way to any pedestrian (except a persontravelling on an electric personal transporter) who is on the separated footpath.Penalty: 3 penalty units.

(3) A person travelling on an electric personal transporter on a bicycle path must keepout of the path of any bicycle.Penalty: 3 penalty units.Note: Bicycle and electric personal transporter are defined in the dictionary, and bicycle path and separatedfootpath are defined in rule 239.

[R 244J insrt SR 98 of 2016, r 11]

244K Electric personal transporter user to stop at red bicycle crossing light

(1) A person travelling on an electric personal transporter approaching or at anintersection, or another place on a road or road related area, with bicycle crossing lightsmust comply with this rule.Penalty: 10 penalty units.Note: Bicycle crossing lights is defined in the dictionary.

(2) If the bicycle crossing lights show a red bicycle crossing light and the persontravelling on an electric personal transporter has not already started crossing the intersectionor place, the person must not start to cross until—

(a) the bicycle crossing lights change to green; or(b) there is no red or yellow bicycle crossing light showing.

r 244KDIV 3 – RULES FOR PERSONS TRAVELLING ON ELECTRIC PERSONAL TRANSPORTERS


Notes1 Red bicycle crossing light includes a flashing red bicycle crossing light—see the definition in the

dictionary.2 Green bicycle crossing light and yellow bicycle crossing light are defined in the dictionary.

(3) In this rule—

road includes any shoulder of the road.Note: Road related area is defined in rule 13 and shoulder is defined in rule 12.

[R 244K insrt SR 98 of 2016, r 11]

244L Electric personal transporter user to stop at yellow bicycle crossinglight

(1) A person travelling on an electric personal transporter approaching or at anintersection, or another place on a road or road related area, with bicycle crossing lightsmust comply with this rule.Penalty: 10 penalty units.Note: Bicycle crossing lights is defined in the dictionary.

(2) If the bicycle crossing lights show a yellow bicycle crossing light and the persontravelling on an electric personal transporter has not already started crossing the intersectionor place, the person must not start to cross until—


Notes1 Yellow bicycle crossing light includes a flashing yellow bicycle crossing light—see the definition in

the dictionary.2 Green bicycle crossing light and red bicycle crossing light are defined in the dictionary.

ROAD SAFETYr 244K ROAD SAFETY ROAD RULES 2009


(3) In this rule—

road includes any shoulder of the road.Note: Road related area is defined in rule 13 and shoulder is defined in rule 12.

[R 244L insrt SR 98 of 2016, r 11]

244M Electric personal transporter user proceeding when bicycle crossinglights change to yellow or red

(1) A person travelling on an electric personal transporter who is crossing at anintersection, or another place on a road, with bicycle crossing lights and traffic lights mustcomply with this rule.Penalty: 5 penalty units.Note: Bicycle crossing lights, intersection and traffic lights are defined in the dictionary.

(2) If the bicycle crossing lights change from green to yellow, flashing yellow, red orflashing red while the person travelling on an electric personal transporter is crossing theroad, the person must not stay on the road for longer than necessary to cross safely to thenearer (in the direction of travel of the person) of the following—

(a) a dividing strip, safety zone, or traffic island, forming part of the area set aside orused by riders of bicycles to cross the road at the intersection or place (the safetyarea);


(3) Despite subrule (2), in the circumstances set out in that subrule the person mayinstead return to the side of the road, or to the safety area, that the person has just left, butonly if—

(a) at the time the lights change, that side or safety area is closer to the person thanthe side or safety area (whichever is the closer) that the person was heading for atthat time; and

(b) the person does not stay on the road for longer than is necessary to return to thatside or safety area.

(4) If, under subrule (2), the person crosses to the safety area, the person must remain inthe safety area until the bicycle crossing lights change to green.

(5) However, if the person cannot operate the bicycle crossing lights from the safetyarea, the person may cross to the far side of the road when—


r 244MDIV 3 – RULES FOR PERSONS TRAVELLING ON ELECTRIC PERSONAL TRANSPORTERS



(6) In this rule—

road does not include a road related area, but includes any shoulder of the road.Note: Road related area is defined in rule 13 and shoulder is defined in rule 12.

[R 244M insrt SR 98 of 2016, r 11]

244N Electric personal transporters being towedA person must not travel on an electric personal transporter on a road or road related area

while the electric personal transporter is being towed by a vehicle.Penalty: 3 penalty units.Note: Vehicle is defined in rule 15.

[R 244N insrt SR 98 of 2016, r 11]

244O Person to have proper control of an electric personal transporterA person must not travel on an electric personal transporter on a road or road related area

unless the person has proper control of the electric personal transporter.Penalty: 5 penalty units.[R 244O insrt SR 98 of 2016, r 11]

244P Wearing of bicycle helmets by persons travelling on electric personaltransporters

(1) A person travelling on an electric personal transporter on a road or road related areamust wear an approved bicycle helmet securely fitted and fastened on the person’s head,unless—

(a) the Corporation has issued a certificate to the person under subrule (2) and theperson complies with subrule (3); or

(b) the person is exempt from this rule under subrule (4).Penalty: 5 penalty units.Note: Approved bicycle helmet is defined in the dictionary.

(2) The Corporation may issue a certificate stating that it would be impractical,undesirable or inexpedient that the person named in the certificate wear a bicycle helmetwhile travelling on an electric personal transporter.

(3) A certificate issued under subrule (2) must be—(a) carried by the person to whom it applies while the person is travelling on an

electric personal transporter; and(b) produced by the person to a police officer or authorised person when requested to

do so.

(4) A person is exempt from wearing a bicycle helmet under subrule (1) if—(a) the person is a member of a religious group; and(b) the person is wearing a type of headdress customarily worn by members of that


helmet.[R 244P insrt SR 98 of 2016, r 11]

244Q Equipment on electric personal transportersA person must not travel on an electric personal transporter on a road or road related area

if the electric personal transporter does not have—

ROAD SAFETYr 244M ROAD SAFETY ROAD RULES 2009


(a) at least 1 effective brake; and(b) a bell, horn, or similar warning device, in working order.

Penalty: 2 penalty units.[R 244Q insrt SR 98 of 2016, r 11]

244R Minimum age requirement for travelling on electric personaltransporters

(1) A person must not, on a road or road related area, conduct an electric personaltransporter tour which has, as a participant on the tour, a child under 12 years of age.Penalty: 3 penalty units.

(2) Subrule (1) does not apply if, before the start of the electric personal transporter tour,the person has taken reasonable steps to determine that each participant on the electricpersonal transporter tour is 12 years of age or older.[R 244R insrt SR 98 of 2016, r 11]

244S Speed-limit applicable to electric personal transportersA person must not travel on an electric personal transporter on a road or road related area

at a speed over 10 kilometres per hour.Penalty: 3 penalty units.[R 244S insrt SR 98 of 2016, r 11]

244T Carrying people or animals on electric personal transportersA person travelling on an electric personal transporter on a road or road related area must

not use the electric personal transporter to carry any other person or any animal.Penalty: 3 penalty units.[R 244T insrt SR 98 of 2016, r 11]

244U Offence to consume intoxicating liquor while travelling on an electricpersonal transporter

A person must not consume intoxicating liquor while travelling on an electric personaltransporter on a road or road related area.Penalty: 5 penalty units.[R 244U insrt SR 98 of 2016, r 11]

244V Use of mobile phones by users of electric personal transporters

(1) A person travelling on an electric personal transporter on a road or road related areamust not use a mobile phone while the electric personal transporter is moving unless—

(a) the phone is being used—(i) to make or receive a phone call (other than a text message, video

message, email or similar communication); or(ii) to perform an audio playing function—

and the body of the phone—(iii) is secured in a mounting affixed to the electric personal transporter

while being so used; or(iv) is not being held by the person, and the use of the phone does not

require the person, at any time while using it, to press any thing on thebody of the phone or to otherwise manipulate any part of the body ofthe phone; or

(b) the phone is being used to perform a navigational or intelligent highway andvehicle system function and the body of the phone is secured in a mountingaffixed to the electric personal transporter while being so used.

r 244VDIV 3 – RULES FOR PERSONS TRAVELLING ON ELECTRIC PERSONAL TRANSPORTERS



(2) For the purposes of this rule, a person does not use a phone to receive a textmessage, video message, email or similar communication if—

(a) the communication is received automatically by the phone; and(b) on and after receipt, the communication itself (rather than any indication that the

communication has been received) does not become automatically visible on thescreen of the phone.

(3) In this rule—

affixed to, in relation to an electric personal transporter, includes forming part of theelectric personal transporter;

body, in relation to a mobile phone, means the part of the phone that contains themajority of the phone’s mechanisms;

held includes held by, or resting on, any part of the person’s body, but does not includeheld in a pocket of the person’s clothing or in a pouch worn by the person;

mobile phone does not include a CB radio or any other two way radio;

use, in relation to a mobile phone, includes any of the following actions by a person—(a) holding the body of the phone in the person’s hand (whether or not

engaged in a phone call);(b) entering or placing, other than by the use of voice, anything into the

phone, or sending or looking at anything that is in the phone;(c) turning the phone on or off;(d) operating any other function of the phone.

[R 244V insrt SR 98 of 2016, r 11]


ROAD SAFETYr 244V ROAD SAFETY ROAD RULES 2009


PART 15 – ADDITIONAL RULES FOR BICYCLERIDERS

Notes:1 This Part contains rules that apply only to bicycle riders. Most rules in these Rules apply to bicycle

riders in the same way as they apply to drivers—see rule 19. There are some other rules that are forbicycle riders only, or that have exceptions for bicycle riders. These include—

• optional hook turn by bicycle riders—rule 35;• bicycle riders making a hook turn contrary to a no hook turn by bicycles sign—rule 36;• bicycle riders excepted from giving stop signals—rule 52;• exception for bicycle riders riding in emergency stopping lanes—rule 95;• bicycle riders entering and leaving roundabouts—rules 111 and 119;• bicycle riders overtaking on the left—rule 141;• riding alongside other riders—rule 151;• bicycle lanes—rule 153;• parking at a bicycle rail or in a bicycle rack—rule 166;• stopping on footpaths—rule 197;• stopping on a road with a bicycle parking sign—rule 201.

2 Bicycle is defined in the dictionary.

245 Riding a bicycleThe rider of a bicycle must—

(a) sit astride the rider’s seat facing forwards (except if the bicycle is not built to beridden astride); and

(b) ride with at least 1 hand on the handlebars; and(c) if the bicycle is equipped with a seat—not ride the bicycle seated in any other

position on the bicycle.Penalty: 3 penalty units.

246 Carrying people on a bicycle

(1) The rider of a bicycle must not carry more persons on the bicycle than the bicycle isdesigned to carry.Penalty: 3 penalty units.Example: A single-seat bicycle with a child’s seat attached is designed to carry 2 people, 1 on the bicycle seatand 1 on the attached child’s seat.

(2) A passenger on a bicycle that is moving, or is stationary but not parked, must sit inthe seat designed for the passenger.Penalty: 3 penalty units.

(3) The rider of a bicycle must not ride with a passenger unless the passenger complieswith subrule (2).Penalty: 3 penalty units.

247 Riding in a bicycle lane on a road

(1) The rider of a bicycle riding on a length of road with a bicycle lane designed forbicycles travelling in the same direction as the rider must ride in the bicycle lane unless it isimpracticable to do so.Penalty: 3 penalty units.


Note: Rule 153 defines a bicycle lane and deals with the use of bicycle lanes by other vehicles.

(2) In this rule—

road does not include a road related area.Note: Road related area includes the shoulder of a road—see rule 13.

247A Entering a bicycle storage area

(1) A rider of a bicycle approaching a bicycle storage area at an intersection that hastraffic lights or traffic arrows showing a red traffic light or red arrow must not enter thebicycle storage area other than from a bicycle lane, unless the rider is not required to ride inthe bicycle lane under these Rules.Penalty: 3 penalty units.Note: Bicycle storage area is defined in the dictionary.

(2) Subrule (1) does not apply if the bicycle storage area cannot be entered from abicycle lane.

247B Giving way while entering or in a bicycle storage area

(1) A rider of a bicycle must when entering a bicycle storage area, give way to—(a) any vehicle that is in the area; and(b) if the area is before any green or yellow traffic lights, any motor vehicle that is

entering or about to enter the area, unless the motor vehicle is turning in adirection that is subject to a red traffic arrow; and

(c) if the area forms part of a lane to which traffic arrows apply—any motor vehiclethat is entering or about to enter the area at a time when those arrows are green oryellow.

Penalty: 3 penalty units.Note: Bicycle storage area is defined in the dictionary.

(2) A rider of a bicycle that is in a bicycle storage area that extends across more thanone lane of a multi-lane road must, if the area is before any green or yellow traffic lights,give way to a motor vehicle that is in any lane other than the lane that the bicycle is directlyin front of, unless the motor vehicle is turning in a direction that is subject to a red trafficarrow.Penalty: 3 penalty units.

248 No riding across a road on a crossing

(1) The rider of a bicycle must not ride across a road, or part of a road, on a children’scrossing or pedestrian crossing.Penalty: 3 penalty units.Note: Children’s crossing is defined in rule 80, and pedestrian crossing is defined in rule 81.

(2) The rider of a bicycle must not ride across a road, or part of a road, on a marked footcrossing, unless there are bicycle crossing lights at the crossing showing a green bicyclecrossing light.Penalty: 3 penalty units.Note: Marked foot crossing is defined in the dictionary.

249 Riding on a separated footpathThe rider of a bicycle must not ride on a part of a separated footpath designated for the

use of pedestrians.Penalty: 3 penalty units.



Notes:1 Separated footpath is defined in rule 239, and pedestrian is defined in rule 18.2 Rule 336 deals with how parts of a separated footpath are designated for bicycle riders and

pedestrians.

250 Riding on a footpath or shared path

(1) The rider of a bicycle who is 12 years old or older must not ride on a footpath exceptin the circumstances specified under subrule (1A).Penalty: 3 penalty units.Note: Footpath is defined in the dictionary.

(1A) For the purposes of subrule (1), the circumstances in which the rider of a bicyclewho is 12 years old or older may ride on a footpath are as follows—

(a) the rider of the bicycle is 18 years old or older and is accompanying a child under12 years of age who is riding a bicycle on the footpath and the child is under therider’s supervision; or

(b) the rider of the bicycle is 12 years old or older and—(i) has a certificate signed by a registered medical practitioner; and

(ii) the certificate states that the rider has a disability or medical conditionwhich makes it undesirable, impracticable or inexpedient for the riderto ride on the road; and

(iii) the rider is complying with the conditions (if any) stated on thecertificate; and

(iv) if the disability or medical condition is of a temporary nature, thecertificate contains an expiry date and has not expired; and

(v) the rider is carrying the certificate; and(vi) the rider produces the certificate when requested to do so by a police

officer or authorised person; or(c) the rider of the bicycle is a postal worker who is riding the bicycle in the course

of his or her duties as a postal worker.[Subr (1A) am SR 125 of 2015, r 7; SR 146 of 2014, r 18]

(2) The rider of a bicycle riding on a footpath or shared path must—(a) keep to the left of the footpath or shared path unless it is impracticable to do so;

and(b) give way to any pedestrian (except a person travelling on an electric personal

transporter) on the footpath or shared path.Penalty: 3 penalty units.Notes:

1 Pedestrian is defined in rule 18, and shared path is defined in rule 242.2 For subrule (2), give way means the rider must slow down and, if necessary, stop to avoid a

collision—see the definition in the dictionary.

[Subr (2) am SR 98 of 2016, r 12]

(3) In this rule—

footpath does not include a separated footpath.Note: Separated footpath is defined in rule 239.

[R 250 am SR 98 of 2016; SR 125 of 2015; SR 146 of 2014]

251 Riding to the left of oncoming bicycle riders on a pathThe rider of a bicycle riding on a bicycle path, footpath, separated footpath or shared

path must keep to the left of any oncoming bicycle rider on the path.

r 251PART 15 – ADDITIONAL RULES FOR BICYCLE RIDERS


Penalty: 3 penalty units.Note: Bicycle path and separated footpath are defined in rule 239, footpath is defined in the dictionary, andshared path is defined in rule 242.

252 No bicycles signs and markings

(1) The rider of a bicycle must not ride on a length of road or footpath to which a nobicycles sign, or a no bicycles road marking, applies.Penalty: 3 penalty units.Note: Footpath, length of road and no bicycles road marking are defined in the dictionary.

(2) A no bicycles sign, or a no bicycles road marking, applies to a length of road orfootpath beginning at the sign or marking and ending at the nearest of the following—

(a) a bicycle path sign or bicycle path road marking;(b) a bicycle lane sign;(c) a separated footpath sign or separated footpath road marking;(d) a shared path sign;(e) an end no bicycles sign;(f) the next intersection.

Note: Intersection is defined in the dictionary, and bicycle path road marking and separated footpath roadmarking are defined in rule 239.



Notes for diagrams:1 There is another permitted version of the bicycle path sign, bicycle lane sign, separated footpath sign

and shared path sign—see the diagrams in Schedule 3.2 A separated footpath sign may have the pedestrian symbol and the bicycle symbol reversed—see rule

316(4).

253 Bicycle riders not to cause a traffic hazardThe rider of a bicycle must not cause a traffic hazard by moving into the path of a driver

or pedestrian.Penalty: 1 penalty unit.

254 Bicycles being towed etc.

(1) A person must not ride on a bicycle that is being towed by another vehicle.Penalty: 5 penalty units.Note: Vehicle is defined in rule 15.

(2) The rider of a bicycle must not hold onto another vehicle while the vehicle ismoving.Penalty: 5 penalty units.

255 Riding too close to the rear of a motor vehicleThe rider of a bicycle must not ride within 2 metres of the rear of a moving motor

vehicle continuously for more than 200 metres.Penalty: 3 penalty units.Note: Motor vehicle is defined in the Road Safety Act 1986.

256 Bicycle helmets

(1) The rider of a bicycle must wear an approved bicycle helmet securely fitted andfastened on the rider’s head unless—

(a) the Corporation has issued a certificate to the rider under subrule (4) and the ridercomplies with subrule (5); or

(b) the rider is exempt from this rule under subrule (6).Penalty: 5 penalty units.Note: Approved bicycle helmet is defined in the dictionary.

[Subr (1) subst SR 125 of 2015, r 8(1)]

(2) A passenger on a bicycle that is moving, or is stationary but not parked, must wearan approved bicycle helmet securely fitted and fastened on the passenger’s head, unless—

(a) the passenger is a paying passenger on a three or four-wheeled bicycle; or(b) the Corporation has issued a certificate to the passenger under subrule (4) and the

passenger complies with subrule (5); or(c) the passenger is exempt from this rule under subrule (6).

r 256PART 15 – ADDITIONAL RULES FOR BICYCLE RIDERS


Penalty: 5 penalty units.[Subr (2) am SR 125 of 2015, r 8(2)]

(3) The rider of a bicycle must not ride with a passenger on the bicycle unless thepassenger complies with subrule (2).Penalty: 5 penalty units.

(4) The Corporation may issue a certificate stating that it would be impractical,undesirable or inexpedient that the person named in the certificate wear a bicycle helmetwhile riding on, or being taken as a passenger on, a bicycle.

(5) A certificate issued under subrule (4) must be—(a) carried by the person to whom it applies while the person is riding on, or being

taken as passenger on, a bicycle; and(b) produced by the person to a police officer or authorised person when requested to

do so.

(6) A person is exempt from wearing a bicycle helmet under subrule (1) or (2) if—(a) the person is a member of a religious group; and(b) the person is wearing a type of headdress customarily worn by members of that


helmet.[Subr (6) insrt SR 125 of 2015, r 8(3)]

[R 256 am SR 125 of 2015]

RULE 256 COMMENTARY

Riding a bicycle ...................................................................................................... [4.8.10510]Bicycle helmets – sentencing considerations ........................................................ [4.8.10520]

[4.8.10510] Riding a bicycleA person not wearing a helmet was observed by police to have placed his left foot on the rightpedal of the bicycle and his right foot was off the ground. In that manner he proceeded downa footpath for at least 10 m, at faster than walking pace, in what was described as “scooting” or“coasting”. He was issued with a penalty notice for a cognate Western Australian offence offailing to wear a helmet. Held, the conduct amounted to riding: Thomas v Kent [2014] WASC23.

[4.8.10520] Bicycle helmets – sentencing considerationsTwo bicycle riders elected to have their infringements dealt with at court. They each pleadedguilty to offences under r 256(1). They made submissions to the effect that the law with respectto bicycle helmets was at odds with the requirement to wear a wide brimmed hat outdoors toprotect oneself from ultraviolet radiation. They were convicted. On appeal they reiterated theirsubmissions directed to health issues arising from exposure to the sun. Held, these submissionswere not to the point. Parliament has decided that for reasons of safety, approved bicyclehelmets must be worn. However having regard to all the circumstances it was appropriate toset aside the convictions: Tkachenko v Police (SA) [2012] SASC 79.

257 Riding with a person on a bicycle trailer



(1) The rider of a bicycle must not tow a bicycle trailer with a person in or on thebicycle trailer, unless—

(a) the rider is 16 years old, or older; and(b) the person in or on the bicycle trailer is under 10 years old or is 10 years old or

older and is exempt from this subrule under subrule (4); and(c) the bicycle trailer can safely carry the person; and(d) the person in or on the bicycle trailer is wearing an approved bicycle helmet

securely fitted and fastened on the person’s head, unless—(i) the Corporation has issued a certificate to the person under subrule (3)

and the rider complies with subrule (3A); or(ii) the person is exempt from this rule under subrule (3B).

Penalty: 5 penalty units.Note: Approved bicycle helmet is defined in the dictionary.

[Subr (1) am SR 125 of 2015, r 9(1) and (2)]

(2) In this rule—

bicycle trailer means a vehicle that is built to be towed, or is towed, by a bicycle.Note: Vehicle is defined in rule 15.

(3) The Corporation may issue a certificate stating that it would be impractical,undesirable or inexpedient that the person named in the certificate wear a bicycle helmetwhile in or on a bicycle trailer.[Subr (3) subst SR 125 of 2015, r 9(3)]

(3A) A certificate issued under subrule (3) must be—(a) carried by the rider of the bicycle while the person is in or on the bicycle trailer;

and(b) produced by the rider to a police officer or authorised person when requested to

do so.[Subr (3A) insrt SR 125 of 2015, r 9(3)]

(3B) A person in or on a bicycle trailer is exempt from the requirement to wear anapproved bicycle helmet under subrule (1)(d) if—

(a) the person is a member of a religious group; and(b) the person is wearing a type of headdress customarily worn by members of that


helmet.[Subr (3B) insrt SR 125 of 2015, r 9(3)]

(4) A person in or on a bicycle trailer who is 10 years old or older is exempt fromsubrule (1)(b) if—

(a) the person has a certificate signed by a registered medical practitioner; and(b) the certificate states that the person has a disability or medical condition which

makes it desirable, practicable or expedient for the person to continue to ride inor on a bicycle trailer; and

(c) the person or the rider of the bicycle complies with the conditions (if any) statedon the certificate; and

(d) in the case that a person has a disability or medical condition that is of atemporary nature, the certificate contains an expiry date and has not expired; and

(e) the person or the rider of the bicycle is carrying the certificate; and

r 257PART 15 – ADDITIONAL RULES FOR BICYCLE RIDERS[4.8.10520]


(f) the person or the rider of the bicycle produces the certificate when requested todo so by a police officer or authorised person.

[Subr (4) subst SR 125 of 2015, r 9(4)]

[R 257 am SR 125 of 2015]

258 Equipment on a bicycleA person must not ride a bicycle that does not have—

(a) at least 1 effective brake; and(b) a bell, horn, or similar warning device, in working order.


259 Riding at nightThe rider of a bicycle must not ride at night, or in hazardous weather conditions causing

reduced visibility, unless the bicycle, or the rider, displays—(a) a flashing or steady white light that is clearly visible for at least 200 metres from

the front of the bicycle; and(b) a flashing or steady red light that is clearly visible for at least 200 metres from the

rear of the bicycle; and(c) a red reflector that is clearly visible for at least 50 metres from the rear of the

bicycle when light is projected onto it by a vehicle’s headlight on low-beam.Penalty: 5 penalty units.Note: Low-beam and night are defined in the dictionary.

260 Stopping for a red bicycle crossing light

(1) The rider of a bicycle approaching or at an intersection, or another place on a road orroad related area, with bicycle crossing lights must comply with this rule.Penalty: 10 penalty unitsNote: Bicycle crossing lights is defined in the dictionary.

[Subr (1) subst SR 146 of 2014, r 19(1)]

(2) If the bicycle crossing lights show a red bicycle crossing light and the rider has notalready started crossing the intersection or place, the rider must not start to cross until—


Notes:1 Red bicycle crossing light includes a flashing red bicycle crossing light-see the definition in the

dictionary.2 Green bicycle crossing light and yellow bicycle crossing light are defined in the dictionary.

Example:



[Subr (2) subst SR 146 of 2014, r 19(2)](3) In this rule—

road includes any shoulder of the road.Note: Road related area is defined in rule 13, and shoulder is defined in rule 12.

[Subr (3) insrt SR 146 of 2014, r 19(3)]

[R 260 am SR 146 of 2014]

261 Stopping for a yellow bicycle crossing light

(1) The rider of a bicycle approaching or at an intersection, or another place on a road orroad related area, with bicycle crossing lights must comply with this rule.Penalty: 10 penalty units.Note: Bicycle crossing lights is defined in the dictionary.

[Subr (1) subst SR 146 of 2014, r 20(1)]

(2) If the bicycle crossing lights show a yellow bicycle crossing light and the rider hasnot already started crossing the intersection or place, the rider must not start to cross until—


Notes:1 Yellow bicycle crossing light includes a flashing yellow bicycle crossing light-see the definition in the

dictionary.2 Green bicycle crossing light and red bicycle crossing light are defined in the dictionary.

[Subr (2) subst SR 146 of 2014, r 20(2)]

r 261PART 15 – ADDITIONAL RULES FOR BICYCLE RIDERS[4.8.10520]


(3) In this rule—

road includes any shoulder of the road.Note: Road related area is defined in rule 13, and shoulder is defined in rule 12.

[Subr (3) subst SR 146 of 2014, r 20(3)–(6)]

[R 261 am SR 146 of 2014]

262 Proceeding when bicycle crossing lights change to yellow or red

(1) The rider of a bicycle who is crossing at an intersection, or another place on a road,with bicycle crossing lights and traffic lights must comply with this rule.Penalty: 5 penalty units.Note: Bicycle crossing lights, intersection and traffic lights are defined in the dictionary.

(2) If the bicycle crossing lights change from green to yellow, flashing yellow, red orflashing red while the rider is crossing the road, the rider must not stay on the road forlonger than necessary to cross safely to the nearer (in the direction of travel of the rider) ofthe following—

(a) a dividing strip, safety zone, or traffic island, forming part of the area set aside orused by riders of bicycles to cross the road at the intersection or place (the safetyarea);


[Subr (2) am SR 47 of 2012, r 17(1); SR 116 of 2009, r 8]

(2A) Despite subrule (2), in the circumstances set out in that subrule the rider mayinstead return to the side of the road, or to the safety area, that he or she has just left, butonly if—

(a) at the time the lights change, that side or safety area is closer to him or her thanthe side or safety area (whichever is the closer) that he or she was heading for atthat time; and

(b) he or she does not stay on the road for longer than is necessary to return to thatside or safety area.


(3) If, under subrule (2), the rider crosses to the safety area, the rider must remain in thesafety area until the bicycle crossing lights change to green.

(4) However, if the rider cannot operate the bicycle crossing lights from the safety area,the rider may cross to the far side of the road when—



(5) In this rule—

road does not include a road related area, but includes any shoulder of the road.Note: Road related area is defined in rule 13 and shoulder is defined in rule 12.

[R 262 am SR 47 of 2012; SR 116 of 2009]




Schedule 3 – Other Victorian PermittedTraffic Signs

Note: The traffic signs in this Schedule are either alternative versions of the signs in Schedule 2 or signs thatare Victoria specific. Some of these signs are not included in the Australian Standard AS1742 (Manual of UniformTraffic Control Devices), but are in use in Victoria.

[Sch 3 note subst SR 98 of 2016, r 13(1)]

OTHER VICTORIAN PERMITTED TRAFFIC SIGNSSchedule 3


ROAD SAFETYROAD SAFETY ROAD RULES 2009 Schedule 3


[Sch 3 am SR 98 of 2016, r 13(2)]

[The next text page is 2--66501]



Schedule 4 – Symbols and Traffic-relatedItems

(rule 320)

SYMBOLS AND TRAFFIC-RELATED ITEMSSchedule 4


[Sch 4 am SR 98 of 2016, r 14]


SYMBOLS AND TRAFFIC-RELATED ITEMSSchedule 4


Schedule 5 – Revoked RegulationsS.R. No. Title

120/1999 Road Safety (Road Rules) Regulations 1999

95/2000 Road Safety (Road Rules) (Road Rules Modification No. 1)Regulations 2000



116/2002 Road Safety (Road Rules) (Speeding Offences) Regulations 2002

83/2004 Road Safety (Road Rules) (Amendment) Regulations 2004

178/2004 Road Safety (Road Rules) (Scooters) Regulations 2004


176/2005 Road Safety (Road Rules) (Emergency Vehicles) Regulations 2005

22/2006 Road Safety (Road Rules) (Commonwealth Games) Regulations2006

1/2007 Road Safety (Road Rules) (School Days) Regulations 2007

151/2007 Road Safety (Road Rules) (Young Drivers) Regulations 2007

28/2008 Road Safety (Road Rules) (Miscellaneous Amendments)Regulations 2008


161/2008 Road Safety (Road Rules) (Seatbelts) Amendment Regulations 2008

170/2008 Road Safety (Road Rules) Amendment (Traffıc Control Items)Regulations 2008

17/2009 Road Safety (General) and Road Safety (Road Rules) Amendment(Seatbelts) Regulations 2009

46/2009 Road Safety (General) and Road Safety (Road Rules) Amendment(Mobile Phones and Seatbelts) Regulations 2009


REVOKED REGULATIONSSchedule 5


Dictionary(rule 4)

Act means the Road Safety Act 1986;

adjacent land, for a road, means land next to the road (whether or not it adjoins theroad), but does not include a road or road related area;

Notes:1 Land includes premises or a part of premises—see the definition in this dictionary.2 Road is defined in rule 12, and road related area in rule 13.

Airservices Australia means the body established under section 7 of the Air ServicesAct 1995 of the Commonwealth;

[Def insrt SR 88 of 2013, r 5(a)]

angle parking see rule 210;[Def insrt SR 146 of 2014, r 32(a)]

approaching, for a driver, means approaching from any direction;

approved bicycle helmet means a bicycle helmet of a type that is approved, for thepurposes of these Rules, by the Corporation under rule 407(f);

[Def subst SR 47 of 2012, r 27(a)]

approved booster seat means a child restraint that is approved, for the purposes of theseRules, by the Corporation under rule 407(a);

[Def insrt SR 125 of 2015, r 15(2)]

approved child restraint means a child restraint that is approved, for the purposes ofthese Rules, by the Corporation under rule 407(b);

[Def subst SR 125 of 2015, r 15(2)]

approved horse riding helmet see rule 303A;

approved motor bike helmet see rule 270;

approved seatbelt means a seatbelt of a type that is approved, for the purposes of theseRules, by the Corporation under rule 407(h);

[Def insrt SR 47 of 2012, r 27(b)]

area includes—(a) a bridge; and(b) a network of roads; and(c) a slip lane;

Note: Slip lane is defined in this dictionary.

arterial road has the same meaning as it has in section 3(1) of the Road ManagementAct 2004;

[Def insrt SR 137 of 2010, r 12(1)]

authorised person, for a provision of these Rules, means—(a) a person who is authorised in writing by the Corporation or the

Regulator; or

DICTIONARYDictionary


(b) a person who is authorised in writing by the Secretary to theDepartment of Economic Development, Jobs, Transport and Resourcesand is an officer of the Department of Economic Development, Jobs,Transport and Resources, or employed in the Taxi ServicesCommission—

to be an authorised person for the Rules or the provision;Note: There are other special definitions of authorised person in rules 203 and 307.

[Def am SR 125 of 2015, r 15(1)(a); SR 151 of 2013, r 18; SR 151 of 2013, r 17(a); SR 88 of 2013, r 5(b)]

B light means a red, white or yellow B light;Note: Red B light, white B light and yellow B light are defined in this dictionary.

B lights means a device designed to show a B light, or 2 or more B lights at differenttimes;

bicycle means a vehicle with 2 or more wheels that is built to be propelled partly orwholly by human power through a belt, chain or gears (whether or not it has anauxiliary motor), and—

(a) includes a pedicab, penny-farthing and tricycle; and(b) includes a power-assisted pedal cycle within the meaning of vehicle

standards, as amended from time to time, determined under section 7of the Motor Vehicle Standards Act 1989 of the Commonwealth; but

(c) does not include an electric personal transporter, a scooter, wheelchair,wheeled recreational device, wheeled toy, or any vehicle with anauxiliary motor capable of generating a power output over 200 watts(whether or not the motor is operating), other than a vehicle referred toin paragraph (b);

Notes:1 Power-assisted pedal cycle is defined in the Vehicle Standard (Australian Design Rule —

Definitions and Vehicle Categories) 2005 determined under section 7 of the MotorVehicle Standards Act 1989 of the Commonwealth. The definition of power-assistedpedal cycle includes pedalecs within the meaning of that Standard.

2 Vehicle is defined in rule 15, and wheelchair, wheeled recreational device and wheeledtoy are defined in this dictionary.

[Def am SR 98 of 2016, r 15(b); subst SR 103 of 2012, r 4(1)]

bicycle carrier see rule 400;

bicycle crossing light means a green, yellow or red bicycle crossing light;Note: Green bicycle crossing light, yellow bicycle crossing light and red bicycle crossing lightare defined in this dictionary.

bicycle crossing lights means a device designed to show a bicycle crossing light, or 2or more bicycle crossing lights at different times;Note: bicycle crossing light is defined in this dictionary.

bicycle hook turn storage area means an area between an intersection and a markedfoot crossing, or if there is no marked foot crossing, a stop line, before theintersection that has painted on it one or more bicycle symbols and one or moreright traffic lane arrows, and includes any line that delineates the right side of thearea, and any line that delineates the left side of the area that is not also a stopline or part of a marked foot crossing and excludes any bicycle storage area;Notes:

1 Intersection, bicycle symbol, right traffic lane arrows and marked foot crossing aredefined in this dictionary and hook turns are described in rules 34 and 35. Motor vehicleis defined in the Road Safety Act 1986.

ROAD SAFETYROAD SAFETY ROAD RULES 2009 Dictionary


2 See example in rule 35.

bicycle lane see rule 153;

bicycle path see rule 239;

bicycle path road marking see rule 239;

bicycle storage area means an area of a road before an intersection with traffic lights—(a) that has painted on it one or more bicycle symbols; and(b) that is between two parallel stop lines, regardless of whether the lines

are of equal length—but does not include any stop line;Note: Intersection, traffic lights, bicycle symbol and stop line are defined in this dictionary.

bicycle symbol means a symbol consisting of a picture of a bicycle;Note: The symbol is, for example, used in a bicycle lane sign, a bicycle path sign and a separatedfootpath sign—see Schedule 2.

built-up area, in relation to a length of road, means an area in which either of thefollowing is present for a distance of at least 500 metres or, if the length of roadis shorter than 500 metres, for the whole road—

(a) buildings, not over 100 metres apart, on land next to the road;(b) street lights not over 100 metres apart;

Note: Length, of road, is defined in this dictionary.

bus lane see rule 154;

bus zone see rule 183;

centre of the road, for a driver on a two-way road, means the far right side of the partof the road used by traffic travelling in the same direction as the driver;

changes direction see rule 45;

children’s crossing see rule 80;

combination means a group of vehicles consisting of a motor vehicle connected to 1 ormore vehicles;Note: Motor vehicle is defined in the Road Safety Act 1986, and vehicle is defined in rule 15.

continuing road, for a T-intersection, means the road (except a road related area) thatmeets the terminating road at the T-intersection;Note: Road related area is defined in rule 13, and terminating road and T-intersection are definedin this dictionary.

Corporation means the Roads Corporation;

corrections officer means—(a) an escort officer (within the meaning of the Corrections Act 1986); or(b) any other person who is authorised under the Corrections Act 1986 to

exercise a function or power of an escort officer (within the meaning ofthe Corrections Act 1986) with respect to prisoner transportation underthe Corrections Act 1986;

[Def insrt SR 24 of 2012, r 6(1)]

corrections vehicle means any motor vehicle driven by a corrections officer who isdriving the motor vehicle in the course of his or her duties as a corrections officerfor the purpose of transporting a prisoner;Note: Corrections officer and prisoner are defined in this dictionary. Motor vehicle is defined inthe Road Safety Act 1986.

[Def insrt SR 24 of 2012, r 6(1)]



Council, for a road, road related area, land or place, means the Council (within themeaning of the Local Government Act 1989) within the municipal district withinwhich a road, area, land or place or the relevant part of the road, area, land orplace is situated;

courier vehicle means a motor bike or other motor vehicle of less than 3 tonnes tarewhich is operating for the purpose of providing courier services and is clearlyidentified by a courier vehicle sign. The courier vehicle sign must appear on bothsides of the motor vehicle, or on both sides or the rear of the motor bike andmust—

(a) be painted onto the body of the vehicle, excluding windows and roofracks (whether or not permanent); or

(b) consist of letters, symbols or signs which are permanently affixed,other than by magnetic means, to the body of the vehicle, excludingwindows and roof racks (whether or not permanent);

Note: Motor bike is defined in this dictionary and motor vehicle is defined in the Road Safety Act1986.

courier vehicle sign, for a vehicle, means a sign which includes the word “courier”(with or without other words or symbols), the letters which are—

(a) at least 50 millimetres high; and(b) of proportional width; and(c) in clear contrast with the background; and(d) distinctly legible at a distance of 5 metres;

crash includes—(a) a collision between 2 or more vehicles; and(b) any other accident or incident involving a vehicle in which a person is

killed or injured, property is damaged, or an animal in someone’scharge is killed or injured;

Note: Vehicle is defined in rule 15.

crossing means a children’s crossing, level crossing, marked foot crossing or pedestriancrossing;Note: Children’s crossing is defined in rule 80, level crossing is defined in rule 120, marked footcrossing is defined in this dictionary, and pedestrian crossing is defined in rule 81.

delivery vehicle means a motor bike or other motor vehicle of less than 3 tonnes tarewhich is operating for the purpose of providing commercial services and isclearly identified by a delivery vehicle sign. The delivery vehicle sign mustappear on both sides of the motor vehicle, or on both sides or the rear of themotor bike and must—

(a) be painted onto the body of the vehicle; or(b) consist of letters, symbols or signs which are permanently affixed to

the body of the vehicle, other than by magnetic means;Note: Motor bike is defined in this dictionary and motor vehicle is defined in the Road Safety Act1986.

delivery vehicle sign, for a vehicle, means a sign which includes a business name orcompany name (with or without other words or symbols), in letters which are—

(a) at least 50 millimetres high; and(b) of proportional width; and(c) in clear contrast with the background; and(d) distinctly legible at a distance of 5 metres;




deputy sheriff has the same meaning as in the Sheriff Act 2009;[Def insrt SR 103 of 2012, r 4(2)]

dividing line means a road marking formed by a line, or 2 parallel lines, whetherbroken or continuous, designed to indicate the parts of the road to be used byvehicles travelling in opposite directions;Note: Road marking is defined in this dictionary, and vehicle is defined in rule 15.

dividing strip means an area or structure that divides a road lengthways, but does notinclude a nature strip, bicycle path, footpath or shared path;Note: Bicycle path is defined in rule 239, footpath and nature strip are defined in this dictionary,and shared path is defined in rule 242.

drive includes be in control of;

driver see rules 16 and 19;

driver’s vehicle, for a driver, means the vehicle being driven by the driver;

EastLink has the same meaning as it has in section 3(1) of the EastLink Project Act2004;

[Def insrt SR 137 of 2010, r 12(1)]

EastLink Corporation means the Freeway Corporation within the meaning ofsection 3(1) of the EastLink Project Act 2004;

[Def insrt SR 137 of 2010, r 12(1)]

edge line, for a road, means a line marked along the road at or near the far left or farright side of the road (except any road related area of the road);

electric personal transporter means a vehicle designed for use by one person that—(a) has 2 wheels that operate on a single axis; and(b) is designed to be self-balancing while a person is using it; and(c) is propelled by an electric motor; and(d) is steered by means of a handlebar; and(e) has a maximum speed of 25 kilometres per hour; and(f) is fitted with a device that can limit the maximum speed to

10 kilometres per hour; and(g) has a maximum width of 850 millimetres; and(h) has a maximum weight of 60 kilograms when not carrying a person or

any load;[Def insrt SR 98 of 2016, r 15(a)]

electric personal transporter route means a route consisting of specified roads androad related areas that is specified as an electric personal transporter route bynotice under rule 244C(1)(a);


electric personal transporter tour means a commercially organised and supervised tourusing electric personal transporters for tourism purposes;


electric personal transporter use area means an area that is specified as an electricpersonal transporter use area by notice under rule 244C(1)(b);




Emergency Management Commissioner means the person appointed as EmergencyManagement Commissioner under the Emergency Management Act 2013;

[Def insrt SR 132 of 2014, r 3(1)]

emergency stopping lane see rule 95;

emergency vehicle, for a provision of these Rules, means—(a) a vehicle operated by or on behalf of and under the control of—

(i) an ambulance service created by section 23 of the AmbulanceServices Act 1986 or listed in Schedule 1 to that Act; or

(ii) an ambulance service created under a law in force in anotherState or in a Territory of the Commonwealth that the Minister,by notice in the Government Gazette, declares to be anambulance service to which this paragraph applies;

(b) a vehicle operated as an ambulance by the Australian Defence Force;(c) a fire service unit under the control of—

(i) the Metropolitan Fire and Emergency Services Board; or(ii) the Department of Environment, Land, Water and Planning; or

(iii) the Country Fire Authority; or(iv) the Australian Defence Force;

(ca) a vehicle that is under the control of the Emergency ManagementCommissioner;

(d) a vehicle under control of the State Emergency Service;(e) [Repealed](f) a vehicle being used to convey a member of the Australian Army

engaged in connection with emergency ordnance disposal procedures;(g) a vehicle under the control of the Shepparton Search and Rescue Squad

Inc. or the Echuca and Moama Search and Rescue Squad Inc.;(h) a vehicle under the control of Airservices Australia;

Note: Emergency Management Commissioner and Airservices Australia are defined in thisdictionary.

[Def am SR 125 of 2015, r 15(1)(b); SR 146 of 2014, r 32(b); SR 132 of 2014, r 3(2) and (3); SR 88 of 2013,r 5(c) and (d); SR 157 of 2012, r 3; SR 24 of 2012, r 6(2); SR 7 of 2010, r 15(1)]

emergency worker, for a provision of these Rules, means—(a) the driver of, or passenger in, an emergency vehicle being operated or

used in connection with the performance by that person of emergencyservices in the course of duty (paid or voluntary), whether in relation toa fire or a medical or other emergency; or

(b) a pedestrian performing emergency services in the course of duty (paidor voluntary), whether in relation to a fire or a medical or otheremergency;

enforcement vehicle means a vehicle being used to convey an officer of theCorporation, an officer of the Department of Economic Development, Jobs,Transport and Resources or a person employed in the Taxi Services Commissionengaged in connection with the enforcement of the—

(a) Accident Towing Services Act 2007; or(b) Bus Safety Act 2009; or(c) Rail Safety (Local Operations Act) 2006; or

(ca) Rail Safety National Law (Victoria); or(d) Road Management Act 2004; or



(e) Road Safety Act 1986; or(f) Transport (Compliance and Miscellaneous) Act 1983; or(g) Heavy Vehicle National Law (Victoria);

Note: Taxi Services Commission is defined in this dictionary.

[Def am SR 125 of 2015, r 15(1)(c); SR 146 of 2014, r 32(c); SR 151 of 2013, r 17(b); SR 88 of 2013,r 5(e) and (f); SR 137 of 2010, r 12(3); insrt SR 7 of 2010, r 15(2)]

enforcement vehicle worker means the driver of, or passenger in, an enforcementvehicle;

[Def insrt SR 7 of 2010, r 15(2)]

enter an intersection or crossing, for the driver of a vehicle or a train, means enter theintersection or crossing with any part of the vehicle or train;Note: Crossing and intersection are defined in this dictionary, and vehicle is defined in rule 15.

escort vehicle has the same meaning as it has in regulation 5 of the Road Safety(Vehicles) Regulations 2009 or section 5 of the Heavy Vehicle National Law(Victoria);

[Def am SR 151 of 2013, r 17(c); insrt SR 7 of 2010, r 15(2)]

escort vehicle worker means the driver of, or passenger in, an escort vehicle;[Def insrt SR 7 of 2010, r 15(2)]

Extension corporation has the same meaning as it has in section 3 of the MelbourneCity Link Act 1995;

[Def insrt SR 137 of 2010, r 12(1)]

Extension road has the same meaning as it has in section 3 of the Melbourne City LinkAct 1995;

[Def insrt SR 137 of 2010, r 12(1)]

Fire Services Commissioner [Repealed][Def rep SR 132 of 2014, r 3(4); insrt SR 24 of 2012, r 6(1)]

footpath, except in rule 13(1), means an area open to the public that is designated for,or has as one of its main uses, use by pedestrians;Note: Rule 13 defines road related area.

freeway see rule 177;

front fog light see rule 217;

give way, for a driver or pedestrian, means—(a) if the driver or pedestrian is stopped—remain stationary until it is safe

to proceed; or(b) in any other case—slow down and, if necessary, stop to avoid a

collision;

give way line means a broken line that is marked across all or part of a road and is notpart of a marked foot crossing;Notes:

1 Marked foot crossing is defined in this dictionary.2 There is an example of a give way line in rule 69.

green bicycle crossing light means an illuminated green bicycle symbol as shown inthe diagram in Schedule 4;Note: Bicycle symbol is defined in this dictionary.

green pedestrian light means—(a) an illuminated green pedestrian symbol; or



(b) the word “walk” illuminated in green (whether or not flashing);Note: Green pedestrian symbol is defined in this dictionary.

green pedestrian symbol means a symbol consisting of a picture of a pedestrian asshown in the diagram in green in Schedule 4;

green traffic arrow means an illuminated green arrow;

green traffic light means an illuminated green disc;

halfway around, for a roundabout, see rule 110;

hazard warning lights means a pair of yellow direction indicator lights fitted to avehicle in accordance with the standards for registration within the meaning ofthe Road Safety (Vehicles) Regulations 2009 or the heavy vehicle standards underthe Heavy Vehicle National Law (Victoria) that display regular flashes of light atthe same time, and at the same rate, as each other, but does not include warninglights fitted, in accordance with those standards, to a bus used for carryingchildren;Note: Bus is defined in the Road Safety Act 1986, and vehicle is defined in rule 15.

[Def am SR 151 of 2013, r 17(d); SR 137 of 2009, r 19]

high-beam, for a headlight fitted to a vehicle, means that the headlight is built oradjusted so, when the vehicle is standing on level ground, the top of the mainbeam of light projected is above the headlight’s low-beam;Note: Low-beam is defined in this dictionary, and vehicle is defined in rule 15.

hook turn see rules 34 and 35;

incident response service vehicle means a vehicle that is operated for the purposes ofresponding to incidents by or on behalf of—

(a) the Corporation in relation to a freeway or arterial road for which it isthe responsible road authority; and

(b) the EastLink Corporation in relation to EastLink; and(c) the Link corporation in relation to the Link road; and(d) the Extension corporation in relation to the Extension road; and(e) the Peninsula Link Freeway Corporation in relation to the Peninsula

Link Freeway;Note: Arterial road, Corporation, EastLink, EastLink Corporation, Extension corporation,Extension road, Link corporation, Link road, Peninsula Link Freeway and Peninsula LinkFreeway Corporation are defined in the dictionary.

[Def am SR 146 of 2014, r 32(d); insrt SR 137 of 2010, r 12(1)]

intersection means the area where 2 or more roads (except any road related area) meet,and includes—

(a) any area of the roads where vehicles travelling on different roads mightcollide; and

(b) the place where any slip lane between the roads meets the road intowhich traffic on the slip lane may turn—

but does not include any road related area;Note: Road is defined in rule 12, road related area is defined in rule 13, slip lane is defined in thisdictionary, and vehicle is defined in rule 15.

keep clear marking see rule 96;

land includes premises or a part of premises;

lane filtering means when the rider of a motor cycle rides along a length of roadbetween—



(a) two adjacent lines of traffic travelling in the same direction as themotor cycle; or

(b) two vehicles (regardless of whether the rider remains within a singlemarked lane) and each vehicle is travelling in—

(i) the same direction as the motor cycle; and(ii) separate, but adjacent, marked lanes; or

(c) a vehicle travelling in the same direction as the motor cycle and anadjacent parked vehicle or line of parked vehicles—

but does not include overtaking.Note: Length of road, line of traffic, marked lane and overtake are defined in this dictionary.Motor cycle is defined in the Road Safety Act 1986.

[Def insrt SR 120 of 2015, r 11]

learner driver has the same meaning as in the Road Safety (Drivers) Regulations 2009;

left, for a person or in relation to something, see rule 351(1) and (3);

left change of direction signal means a change of direction signal given in accordancewith rule 47;

left traffic lane arrows means traffic lane arrows applying to a marked lane thatindicate only a direction to the left;Note: Marked lane and traffic lane arrows are defined in this dictionary.

length, of road, includes—(a) a marked lane or a part of a marked lane; and(b) another part of a length of road;

Note: Marked lane is defined in this dictionary.

level crossing see rule 120;

line of traffic means—(a) 2 or more vehicles travelling in line along a road (whether or not the

vehicles are actually moving, but not including vehicles in a markedlane); or

(b) a single vehicle, other than a vehicle that is part of a line of trafficunder paragraph (a), that is travelling along a road (whether or not thevehicle is actually moving, but not including a vehicle in a markedlane);

Examples:1 A vehicle travelling along a road (except in a marked lane) in line behind another vehicle

(the leading vehicle) forms part of a line of traffic with the leadingvehicle.

2 A vehicle travelling along a road (except in a marked lane) with no other vehicles in thevicinity constitutes a line of traffic by itself.

3 Two vehicles travelling in the same direction on a road (except in a marked lane), but notin line, are 2 lines of traffic.

Link corporation has the same meaning as it has in section 3 of the Melbourne CityLink Act 1995;

[Def insrt SR 137 of 2010, r 12(1)]

Link road has the same meaning as it has in section 3 of the Melbourne City Link Act1995;

[Def insrt SR 137 of 2010, r 12(1)]

loading zone see rule 179;



low-beam, for a headlight fitted to a vehicle, means that the headlight is built oradjusted so, when the vehicle is standing on level ground, the top of the mainbeam of light projected is—

(a) not higher than the centre of the headlight, when measured 8 metres infront of the vehicle; and

(b) not over 1 metre higher than the level where the vehicle is standing,when measured 25 metres in front of the vehicle;


mail zone see rule 186;

major fire [Repealed][Def rep SR 88 of 2013, r 5(g); insrt SR 24 of 2012, r 6(1)]

marked foot crossing means an area of a road—(a) at a place with pedestrian lights facing pedestrians crossing the road

and traffic lights facing vehicles driving on the road; and(b) indicated by a different road surface, or between 2 parallel continuous

or broken lines, or rows of studs or markers, on the road surfacesubstantially from one side of the road to the other;

Example of a different road surface: The area of road could be indicated by brick pavingacross a bitumen road.

Note: Pedestrian lights and traffic lights are defined in this dictionary, and vehicle is defined inrule 15.

marked lane means an area of a road marked by continuous or broken lines, or rows ofstuds or markers, on the road surface that is designed for use by a single line ofvehicles;Note: Vehicle is defined in rule 15.

mechanical signalling device means a device fitted to a vehicle in accordance with thestandards for registration within the meaning of the Road Safety (Vehicles)Regulations 2009 or the heavy vehicle standards under the Heavy VehicleNational Law (Victoria);

[Def am SR 151 of 2013, r 17(e); SR 137 of 2009, r 19]

median strip means a dividing strip designed or developed to separate vehiclestravelling in opposite directions;Note: Dividing strip is defined in this dictionary, and vehicle is defined in rule 15.

median strip parking area means a parking area on or in a median strip;Note: Parking area is defined in this dictionary.

minibus zone see rule 184;

motor bike means a motor vehicle with 2 wheels, and includes—(a) a two-wheeled motor vehicle with a sidecar attached to it that is

supported by a third wheel; and(b) a motor vehicle with 3 wheels that is ridden in the same way as a

motor vehicle with 2 wheels;Note: Motor vehicle is defined in the Road Safety Act 1986.

motor cycle licence has the same meaning as in the Road Safety (Drivers) Regulations2009;


multi-lane road, for a driver, means a one-way road, or a two-way road, with 2 or moremarked lanes (except bicycle lanes) that are—



(a) on the side of the dividing line or median strip where the driver isdriving; and

(b) for the use of vehicles travelling in the same direction;Note: Bicycle lane is defined in rule 153, dividing line, marked lane, median strip, one-way roadand two-way road are defined in this dictionary, and vehicle is defined in rule 15.

municipal district has the same meaning as in the Local Government Act 1989;

nature strip, except in rule 13(1), means an area between a road (except a road relatedarea) and adjacent land, but does not include the shoulder of a road or a bicyclepath, footpath or shared path;Notes:

1 Adjacent land and footpath are defined in this dictionary, bicycle path is defined inrule 239, road and shoulder are defined in rule 12, and shared path is defined inrule 242.

2 Rule 13 defines a road related area.

night means the period between sunset on one day and sunrise on the next day;

no bicycles road marking means a road marking consisting of a bicycle symbol with adiagonal line across it, or the words “no bicycles”, or both the symbol and thewords;Note: Bicycle symbol and road marking are defined in this dictionary.

obstruction includes a traffic hazard, but does not include a vehicle only because thevehicle is stopped in traffic or is travelling more slowly than other vehicles;Note: Vehicle is defined in rule 15.

oncoming vehicle, for a driver, means a vehicle approaching the driver travelling in theopposite direction to the direction in which the driver is driving;Note: Vehicle is defined in rule 15.

one-way road means a road with 1 or more marked lanes, all of which are for the useof vehicles travelling in the same direction;Note: Marked lane is defined in this dictionary, and vehicle is defined in rule 15.

overhead lane control device means an overhead lane control sign or signal;

overhead lane control sign means a traffic sign displaying a red diagonal cross that isinstalled on a structure over a road or part of a road;Note: Traffic sign is defined in this dictionary.

overhead lane control signal means—(a) an illuminated red diagonal cross (whether or not flashing); or(b) an illuminated white, green or yellow arrow pointing downwards or

indicating 1 or more directions; or(c) an illuminated speed-limit sign;

[Def am SR 137 of 2010, r 12(4)]

overhead lane control signals means a device on a structure over a road, or part of aroad, that is designed to display an overhead lane control signal, or 2 or moreoverhead lane control signals;

oversize vehicle means a class O vehicle within the meaning of the Road Safety(Vehicles) Regulations 2009 or a class 1 heavy vehicle within the meaning of theHeavy Vehicle National Law (Victoria);Note: Vehicle is defined in rule 15.

[Def subst SR 151 of 2013, r 17(f); am SR 137 of 2009, r 19]

overtake, for a driver, means the action of—



(a) approaching from behind another driver travelling in the same markedlane or line of traffic; and

(b) moving into an adjacent marked lane or part of the road on which thereis room for a line of traffic (whether or not the lane or part of the roadis for drivers travelling in the same direction); and

(c) passing the other driver while travelling in the adjacent marked lane orline of traffic;

Note: Marked lane is defined in this dictionary.

painted island means an area of a road—(a) that has painted on it stripes or chevrons in white or another colour that

contrasts with the colour of the road; and(b) that is surrounded either—

(i) by a line or lines (whether broken or continuous); or(ii) partly by a combination of a line or lines (whether broken or

continuous) and partly by a kerb or by a structure on or nextto the road;

park, in Part 12 and for a driver, includes stop and allow the driver’s vehicle to stay(whether or not the driver leaves the vehicle);Notes:

1 Driver’s vehicle is defined in this dictionary.2 Part 12 deals with restrictions on stopping and parking.

parking area means a length of road or area designed for parking vehicles;Note: Vehicle is defined in rule 15.

parking area for people with disabilities see rule 203;

parking bay means an area for parking a single vehicle (other than a combination) thatis indicated by—

(a) road markings consisting of lines, studs or other similar devices; or(b) a different road surface;

Note: Combination and road marking are defined in this dictionary, and vehicle is defined inrule 15.

parking control sign means any of the following—(a) a bicycle parking sign;(b) a bus zone sign;(c) a clearway sign;(d) a loading zone sign;(e) a mail zone sign;(f) a minibus zone sign;(g) a motor bike parking sign;(h) a no parking sign;(i) a no stopping sign;(j) a people with disabilities parking sign;(k) a permissive parking sign;(l) a permit zone sign;

(m) a taxi zone sign;(n) a truck zone sign;(o) a works zone sign;



parking permit for people with disabilities means a parking permit issued by a Councilin accordance with the Code for the Disabled Persons Parking Scheme aspublished by the Corporation in the Government Gazette from time to time, or asimilar permit issued in another jurisdiction, that includes a people withdisabilities symbol;

Note: People with disabilities symbol is defined in this dictionary.

[Def am SR 125 of 2015, r 15(1)(d); SR 24 of 2012, r 6(3)]

part of the road used by the main body of moving vehicles means the area of the road,except—

(a) any road related area; and(b) if the road has 1 or more service roads—the area of any service road;

Notes:1 Road related area is defined in rule 13, and service road is defined in this dictionary.2 A road related area includes any shoulder of the road—see rule 13.

pedestrian see rule 18;

pedestrian crossing see rule 81;

pedestrian lights means a device designed to show, at different times, a green or redpedestrian light;Note: Green pedestrian light and red pedestrian light are defined in this dictionary.

pedestrian symbol means a symbol consisting of a picture of a pedestrian;Note: The symbol is, for example, used in a separated footpath sign —see Schedule 2.

Peninsula Link Freeway has the same meaning as it has in section 3(1) of the RoadManagement Act 2004;


Peninsula Link Freeway Corporation has the same meaning as it has in section 134Cof the Road Management Act 2004;


people with disabilities road marking see rule 203;

people with disabilities symbol means a picture of a person seated in a wheelchair asshown in the diagrams in Schedule 4;

permit zone see rule 185;

police officer has the same meaning as in the Victoria Police Act 2013;[Def subst SR 146 of 2014, r 32(e)]

police vehicle, for a provision of these Rules, means any vehicle driven by a personwho is—

(a) a police officer; and(b) driving the vehicle in the course of his or her duties as a police officer;

Notes:1 Police officer is defined in this dictionary, and vehicle is defined in rule 15.2 Drive includes be in control of—see the definition in this dictionary.

portable warning triangle means a portable warning triangle of a type that is approved,for the purposes of these Rules, by the Corporation under rule 407(g) and that iscapable of—

(a) producing a clear red warning light visible at a distance of 200 metresfrom the device; or



(b) showing a red reflection of light from a headlamp attached to a motorvehicle approaching the portable device between sunset and sunrisevisible 200 metres from the device;

[Def subst SR 47 of 2012, r 27(c)]

postal vehicle, for a provision of these Rules, means a vehicle driven by a person whois—

(a) a postal worker for the provision; and(b) driving the vehicle in the course of his or her duties as a postal worker;

Notes:1 Postal worker is defined in this dictionary, and vehicle is defined in rule 15.2 Drive includes be in control of—see the definition in this dictionary.

postal worker, for a provision of these Rules, means a person who delivers letter, mailand parcels within Australia, on behalf of Australia Post, as an employee or as acontractor;

[Def subst SR 146 of 2014, r 32(f)]

prisoner has the same meaning as in the Corrections Act 1986;[Def insrt SR 24 of 2012, r 6(1)]

probationary driver licence has the same meaning as in section 3(1) of the Road SafetyAct 1986;


public bus means a bus operated for the purposes of—(a) a regular passenger service within the meaning of the Bus Services Act

1995; or(b) a school bus service within the meaning of the Bus Safety Regulations

2010; or(c) a bus service operating along a fixed route on a regular basis for the

purpose of transporting students to or from a post-secondary educationinstitution within the meaning of the Education and Training ReformAct 2006 by or on behalf of—

(i) the Department of Education and Training; or(ii) a post-secondary education institution;

Note: Bus is defined in the Road Safety Act 1986.

[Def am SR 125 of 2015, r 15(1)(e); subst SR 24 of 2012, r 6(4)]

public holiday, for a place, means a public holiday appointed under the PublicHolidays Act 1993;

public minibus, for a provision of these Rules, means a motor vehicle—(a) operated as a commercial minibus service within the meaning of the

Bus Safety Act 2009, and(b) providing a regular passenger service under a service contract within

the meaning of the Bus Services Act 1995 or providing a publictransport service pursuant to a service contract with the PublicTransport Development Authority;

Note: Motor vehicle is defined in the Road Safety Act 1986.

[Def subst SR 146 of 2014, r 32(g)]

Public Transport Development Authority has the same meaning as in section 3 of theTransport Integration Act 2010;




red B light means an illuminated red B;

red bicycle crossing light means an illuminated red bicycle symbol (whether or notflashing) as shown in the diagram in Schedule 4;

Note: Bicycle symbol is defined in this dictionary.

red pedestrian light means—(a) an illuminated red pedestrian symbol (whether or not flashing); or(b) the words “dont walk” illuminated in red (whether or not flashing);

Note: Red pedestrian symbol is defined in this dictionary.

red pedestrian symbol means a symbol consisting of a picture of a pedestrian as shownin the diagram in red in Schedule 4;

red T light means an illuminated red T;

red traffic arrow means an illuminated red arrow;

red traffic light means an illuminated red disc;

ride, for the rider of a motor bike or animal-drawn vehicle, includes be in control of;Note: Motor bike is defined in this dictionary.

rider see rule 17;

right, for a person or in relation to something, see rule 351(2) and (3);

right change of direction signal means a change of direction signal given inaccordance with rule 49;

right traffic lane arrows means traffic lane arrows applying to a marked lane thatindicate only a direction to the right;Note: Marked lane and traffic lane arrows are defined in this dictionary.

road see rules 11(2) and 12;

road marking means a word, figure, symbol, mark, line, raised marker or stud, orsomething else, on the surface of a road to direct or warn traffic, but does notinclude a painted island;Note: Painted island is defined in this dictionary.

road related area see rule 13;

road user see rule 14;

roundabout see rule 109;

safety zone see rule 162;

scooter see rule 244A;

secure services vehicle means any vehicle used to transport a child or youth to or froma secure welfare service, youth justice centre or youth residential centre asdefined in the Children, Youth and Families Act 2005;


separated footpath see rule 239;

separated footpath road marking see rule 239;

service road means the part of a road that—(a) is separated from other parts of the road by a dividing strip that is not

designed or developed, wholly or mainly, to separate vehiclestravelling in opposite directions; and

(b) is—



(i) designed or developed to be used, wholly or mainly, by trafficservicing adjacent land; or

(ii) indicated to be a service road by information on or with atraffic control device on the road;

Note: Adjacent land, dividing strip, traffic, traffic control device and with are defined in thisdictionary, and vehicle is defined in rule 15.

shared path see rule 242;

shared zone see rule 24;

sheriff has the same meaning as in the Sheriff Act 2009;[Def insrt SR 103 of 2012, r 4(2)]

sheriff’s officer has the same meaning as in the Sheriff Act 2009;[Def insrt SR 24 of 2012, r 6(1)]

sheriff’s vehicle means any motor vehicle driven by a sheriff’s officer who is drivingthe vehicle in the course of his or her duties as a sheriff’s officer for the purposeof transporting a person in the custody of that officer;Note: Sheriff’s officer is defined in this dictionary. Motor vehicle is defined in the Road Safety Act1986.

[Def insrt SR 24 of 2012, r 6(1)]

shoulder see rule 12;

slip lane means an area of road for vehicles turning left that is separated, at some point,from other parts of the road by a painted island or traffic island, but not by amedian strip;Note: Median strip, painted island and traffic island are defined in this dictionary, and vehicle isdefined in rule 15.

[Def am SR 146 of 2014, r 32(h)]

special purpose lane means a marked lane, or the part of a marked lane, that is abicycle lane, bus lane, emergency stopping lane, tram lane, transit lane or trucklane;Note: Bicycle lane is defined in rule 153, bus lane is defined in rule 154, emergency stoppinglane is defined in rule 95, marked lane is defined in this dictionary, tram lane is defined in rule 155,transit lane is defined in rule 156, and truck lane is defined in rule 157.

speed-limited area see rule 22;

stop, in Part 12 and for a driver, includes park, but does not include stop to reverse thedriver’s vehicle into a parking bay or other parking space;Notes:

1 Driver’s vehicle, park and parking bay are defined in this dictionary.2 Part 12 deals with restrictions on stopping and parking.

stop line means a continuous line that—(a) is marked across all or part of a road; and(b) is not part of a marked foot crossing, a keep clear marking or a bicycle

storage area for hook turns;Notes:

1 Keep clear marking is defined in rule 96, and marked foot crossing is defined in thisdictionary.

2 There is an example of a stop line in rule 67.

straight ahead includes substantially straight ahead;

T light means a red, white or yellow T light;



Note: Red T light, white T light and yellow T light are defined in this dictionary.

T lights means a device designed to show a T light, or 2 or more T lights at differenttimes;

taxi, has the same meaning as “taxi-cab” as in Part VI of the Transport (Complianceand Miscellaneous) Act 1983;

[Def am SR 47 of 2012, r 27(d); SR 137 of 2010, r 12(5)]

Taxi Services Commission means the body established under Division 3 of Part 5 ofthe Transport Integration Act 2010;


taxi zone see rule 182;

terminating road, for a T-intersection, means—(a) if a road (except a road related area) at the intersection is designated by

traffic signs or road markings, or in another way, as a road that ends atthe intersection—that road; or

(b) in any other case—a road (except a road related area) that ends at theintersection;

Note: Road is defined in rule 12, road related area is defined in rule 13, and T-intersection isdefined in this dictionary.

T-intersection means an intersection, other than a roundabout, where 2 roads meet(whether or not at right angles) and one of the roads ends;Note: Intersection is defined in this dictionary.

tow truck has the same meaning as it has in section 3(1) of the Accident TowingServices Act 2007;

[Def insrt SR 137 of 2010, r 12(1)]

tractor means a motor vehicle that is a tractor by virtue of a declaration undersection 3(2)(c) of the Road Safety Act 1986;Note: Motor vehicle is defined in the Road Safety Act 1986.

traffic includes vehicles and pedestrians;Note: Pedestrian is defined in rule 18, and vehicle is defined in rule 15.

traffic arrow means a green, white or red traffic arrow, or a yellow traffic arrow(whether or not flashing);Note: Green traffic arrow, red traffic arrow, white traffic arrow and yellow traffic arrow aredefined in this dictionary.

traffic arrows means a device designed to show a traffic arrow, or 2 or more trafficarrows at different times;

traffic control device means a traffic sign, road marking, traffic signals, or other device,to direct or warn traffic on, entering or leaving a road;Note: Various terms used in this definition are defined in this dictionary.

traffic island means a structure on a road to direct traffic, but does not include a roadmarking or painted island;Note: Painted island and road marking are defined in this dictionary.

traffic lane arrows means a traffic sign, road marking or device that displays arrowsindicating 1 or more directions and is designed to apply to 1 or more markedlanes, but does not include traffic arrows;Note: Marked lane, road marking, traffic arrow and traffic sign are defined in this dictionary.



traffic light means a green traffic light, or a red or yellow traffic light (whether or notflashing);

Note: Green traffic light, red traffic light and yellow traffic light are defined in this dictionary.

traffic lights means a device designed to show a traffic light, or 2 or more traffic lightsin a vertical arrangement and at different times, and includes any traffic arrowsinstalled with or near the device;

traffic lights pole means a pole or other structure on which traffic lights are installed;

traffic-related item means any of the following—(a) a do not overtake turning vehicle sign;(b) a give way to buses sign;(c) a fire hydrant indicator or fire plug indicator;

Note: Examples of a fire hydrant indicator and fire plug indicator are shown in Schedule 4.

traffic sign means a board, plate, screen, or another device, whether or not illuminated,displaying words, figures, symbols or anything else to direct or warn traffic on,entering or leaving a road, and includes a children crossing flag, a hand-held stopsign, a parking control sign and a variable illuminated message sign, but does notinclude traffic signals;Note: Various terms used in this definition are defined in this dictionary.

traffic signals means B lights, bicycle crossing lights, overhead lane control signals,pedestrian lights, T lights, traffic arrows, traffic lights, or twin red or yellowlights;Note: Various terms used in this definition are defined in this dictionary.

trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle, butdoes not include a motor vehicle that is being towed;Note: Motor vehicle is defined in the Road Safety Act 1986, and vehicle is defined in rule 15.

tram includes a reference to a light rail vehicle;

tram lane see rule 155;

tram recovery vehicle means a vehicle used by a tram operator to access and recoverdisabled trams for which the tram operator is responsible;

tram stop means a place on a road at which there is a sign indicating that trams willstop to enable people to get on or off;

tram tracks includes a rail designed for a light rail vehicle to run on;

tramway see rule 155A;

transit lane see rule 156;

travelling along tram tracks, for a bus, means being driven along the area where thetram tracks are laid on behalf of a body to whom the tram tracks are leased;Note: Bus is defined in the Road Safety Act 1986, and tram tracks is defined in this dictionary.

travel on, for an electric personal transporter, means to be in control of the electricpersonal transporter;


trolley includes a shopping trolley and any other kind of handcart;

truck means a rigid motor vehicle that is principally constructed as a load carryingvehicle. However, a reference in these Rules to a truck does not include areference to—



(a) a motor vehicle, other than a prime mover, with a GVM not greaterthan 4.5 tonnes; or

(b) a prime mover with a GCM not greater than 4.5 tonnes; or(c) a bus, tram or tractor;

Note: Bus, GCM, GVM, motor vehicle and prime mover are defined in the Road Safety Act 1986,and tram and tractor are defined in this dictionary.

truck lane see rule 157;

truck zone see rule 180;

turn line means a road marking, at an intersection, consisting of a line (whether brokenor continuous) that is designed to indicate how a turn is to be made at theintersection;

turning lane means a marked lane, or the part of a marked lane, for vehicles travellingin one direction to which—

(a) a left turn only sign, a left lane must turn left sign or left traffic lanearrows apply; or

(b) a right turn only sign, a right lane must turn right sign or right trafficlane arrows apply; or

(c) a U-turn permitted sign or U-turn traffıc lane arrows apply;Note: Left traffic lane arrows, marked lane, right traffic lane arrows, U-turn and U-turn trafficlane arrows are defined in this dictionary, and vehicle is defined in rule 15.

[Def am SR 146 of 2014, r 32(i)]

twin red lights means a device showing, in a horizontal or diagonal arrangement, 2illuminated red discs that flash alternately;

twin yellow lights means a device showing, in a horizontal or diagonal arrangement, 2illuminated yellow discs that flash alternately;

two-way road means a road for use by vehicles travelling in opposite directions;Note: Vehicle is defined in rule 15.

U-turn means a turn made by a driver so that the driver’s vehicle faces inapproximately the opposite direction from which it was facing immediatelybefore the turn was made, but does not include a turn made at a roundabout;Note: Driver’s vehicle is defined in this dictionary, and roundabout is defined in rule 109.

U-turn traffic lane arrows means traffic lane arrows applying to a marked lane thatindicate only a U-turn direction;Note: U-turn is defined in this dictionary.


variable illuminated message device means a device designed to display, and to changeor turn off from time to time by electronic or optical means, illuminated words,figures, symbols, or anything else, to direct or warn traffic on, entering or leavinga road, but does not include traffic signals;Note: Traffic is defined in this dictionary.

variable illuminated message sign means the illuminated words, figures, symbols, orother things, displayed at any relevant time on a variable illuminated messagedevice;

vehicle see rule 15;



wheelchair means a chair mounted on 2 or more wheels that is built to transport aperson who is unable to walk or has difficulty in walking, but does not include apram, stroller or trolley;

Note: Trolley is defined in this dictionary.

wheeled recreational device means a wheeled device, built to transport a person,propelled by human power or gravity (or in the case of a scooter, propelled by aperson pushing one foot against the ground, or by an electric motor or motors, orby a combination of these), and ordinarily used for recreation or play, and—

(a) includes rollerblades, rollerskates, a skateboard, a scooter that is not amotor vehicle, or similar wheeled device;

(b) does not include a golf buggy, pram, stroller or trolley, or a bicycle, anelectric personal transporter, a wheelchair or wheeled toy, or a scooterthat is a motor vehicle;

Note: Bicycle, trolley, wheelchair and wheeled toy are defined in this dictionary.

[Def am SR 98 of 2016, r 15(c)]

wheeled toy means a child’s pedal car, scooter (other than a motorised scooter) ortricycle or a similar toy, but only when it is being used only by a child who isunder 12 years old;

white B light means an illuminated white B as shown in the diagram in Schedule 4;

white T light means an illuminated white T as shown in the diagram in Schedule 4;

white traffic arrow means an illuminated white arrow;

window, in relation to a vehicle, includes any sunroof fitted to the vehicle;

with, for information about the application of a traffic control device, includesaccompanying or reasonably associated with the device;

works zone see rule 181;

yellow B light means an illuminated yellow B;

yellow bicycle crossing light means an illuminated yellow bicycle symbol (whether ornot flashing) as shown in the diagram in Schedule 4;Note: Bicycle symbol is defined in this dictionary.

yellow T light means an illuminated yellow T;

yellow traffic arrow means an illuminated yellow arrow;

yellow traffic light means an illuminated yellow disc.[Dic am SR 98 of 2016; SR 125 of 2015; SR 120 of 2015; SR 146 of 2014; SR 132 of 2014; SR 151 of 2013; SR88 of 2013; SR 157 of 2012; SR 103 of 2012; SR 47 of 2012; SR 24 of 2012; SR 137 of 2010; SR 7 of 2010; SR137 of 2009]




24G Search warrants for at risk animals on premises24H Magistrates’ Court may extend period of warrant under section 24G

DIVISION 4 – SEARCH FOR AND SEIZURE OFTHINGS

24I Definition24IA Certain sale and destruction provisions to apply to animals seized under

section 24E [Repealed]24J Seizure of things24K Search warrants for premises24KA Search warrant for premises if non-compliance with section 24ZTA24L Additional power of entry for specialist inspectors

DIVISION 5 – GENERAL PROVISIONS AS TOSEARCH WARRANTS

24M Provisions as to search warrants24N Application of Magistrates’ Court Act 198924O Announcement before entry24P Details of warrant to be given to occupier24Q Seizure of things not mentioned in the warrant and taking of samples

DIVISION 6 – DUTIES AND POWERS AS TO SEIZEDANIMALS

24R Duty to take steps to identify owner24S Steps to be taken where welfare of animal not at risk24T Provision for recovery or disposal of animals that are not at risk24U Steps to be taken where welfare of animal is at risk24V Power to retain animal for purposes of application under section 24X24W Power to dispose of animal at risk not claimed by owner or person in charge24X Court orders as to costs and disposal of animals24Y Methods of disposal of animals24Z Power to destroy diseased or distressed animals24ZAA Forfeiture and disposal of animals seized under section 24AA24ZA Disposal of animal by sale24ZB Costs and proceeds of sold animals24ZC Costs and proceeds of destroyed animals24ZD Forfeiture of seized animal

DIVISION 7 – DUTIES AND POWERS AS TO SEIZEDTHINGS (THAT ARE NOT ANIMALS)

24ZE Definition24ZF Receipt must be given for any thing seized24ZG Copies of certain seized things to be given24ZH Access to seized things24ZI Return of seized thing before commencement of proceedings24ZJ Return of seized things24ZK Magistrates’ Court may extend retention period24ZL Dispute as to person entitled to return of seized thing24ZM Unclaimed seized thing may be sold or destroyed24ZN Forfeiture of seized things

DIVISION 8 – SAMPLES24ZO Provisions relating to the taking and keeping of samples

DIVISION 9 – FURTHER MISCELLANEOUSPOWERS, DUTIES AND OFFENCES

24ZP Notice to comply

TABLE OF PROVISIONS


24ZQ Requirement to give information to inspector during entry24ZQA Requirement to muster, yard or secure animals24ZR Offences as to inspectors24ZS Offences as to veterinary practitioners etc.24ZT Offence to fail to provide name and address24ZTA Requirement to make documents available for inspection24ZU POCTA inspectors must identify themselves24ZV Protection against self-incrimination24ZW Power to file charges24ZX Conduct of proceedings24ZY Court to take judicial notice

PART 3 – SCIENTIFIC PROCEDURES

DIVISION 1 – PRELIMINARY25 Definitions

DIVISION 2 – OFFENCES26 Offences relating to scientific procedures carried out at scientific premises27 Offences relating to scientific procedures carried out outside scientific

premises28 Offences relating to breeding of specified animals for use in scientific

procedures

DIVISION 3 – SCIENTIFIC PROCEDURESPREMISES LICENCES

29 Grant of a scientific procedures premises licence29A Considerations for grant of scientific procedures premises licence30 Application for a scientific procedures licence31 Duration of scientific procedures premises licences32 Conditions on scientific procedures premises licences

DIVISION 4 – SCIENTIFIC PROCEDURES FIELDWORK LICENCES

32A Grant of a scientific procedures field work licence32AB Considerations for grant of scientific procedures field work licence32B Application for a scientific procedures field work licence32C Duration of scientific procedures field work licences32D Conditions on scientific procedures field work licences

DIVISION 5 – SPECIFIED ANIMALS BREEDINGLICENCES

32E Grant of a specified animals breeding licence32EA Considerations for grant of specified animals breeding licence32F Application for a specified animals breeding licence32G Duration of specified animals breeding licence32H Conditions on specified animals breeding licence

DIVISION 6 – GENERAL LICENSING PROVISIONS32I Power of Department Head to renew licences32IA Considerations for renewal of licence32J Application to renew a licence32K Power of the Department Head to vary licences32L Variation of licence on the motion of the Department Head32LA Considerations for variation of a licence on the motion of the Department

Head32M Application to vary a licence

PREVENTION OF CRUELTY TO ANIMALS


32N Suspension of licence and notice of proposal to cancel32O Making of submissions on suspension32P Power of the Department Head to cancel a licence32Q Notice of Department Head’s decision32R Coming into effect of cancellation

DIVISION 7 – MISCELLANEOUS33 Review by Victorian Civil and Administrative Tribunal34 Peer Review Committees35 Authorised officers35A Offences as to authorised officers36 Offences37 Time for filing charge under this Part [Repealed]

PART 3AA – ENFORCEMENT FOR PART 3

DIVISION 1 – MONITORING COMPLIANCE36A Entry to monitor compliance

DIVISION 2 – SEARCHES AND SEIZURE UNDERWARRANT

36B Application for search warrant36C Search warrant36D Seizure and samples of things not mentioned in the warrant

DIVISION 3 – DUTIES AND POWERS AS TO SEIZEDTHINGS

36E Requirements for search warrants36F Requirements for seizure of things and taking samples

DIVISION 4 – NOTICES36G Notice to comply36H Notice as to treatment, destruction etc. of animal36I Commencement of proceeding not prevented36J Department Head may take action where notice not complied with

DIVISION 5 – ADVERSE PUBLICITY ORDERS36K Court may make adverse publicity order36L Action Department Head may take on finding of contempt36M Department Head may give notice of intent to act on failure to comply with

order36N Action to be taken if response to notice not satisfactory36O Action for contempt36P Recovery of costs

DIVISION 6 – FURTHER OFFENCES AND POWERS36Q Requirement to give information to authorised officer during entry36R Protection against self-incrimination36S Power to file charges

DIVISION 7 – PREPARATION OF AND FEES FORCOMPLIANCE REPORTS

36T Power to prepare compliance report36U Imposing fees for compliance reports36V Payment of fee

PART 3A – INFRINGEMENT NOTICES

TABLE OF PROVISIONS


37A Power to serve a notice37B Form of notice37C Late payment of penalty [Repealed]37D Withdrawal of notice [Repealed]37E Payment expiates offence [Repealed]37F Application of penalty [Repealed]37G Prosecution after service of infringement notice [Repealed]37H Enforcement of infringement penalty [Repealed]

PART 3B – ANIMALS IN RESEARCH AND TEACHING WELFARE FUND

37C Animals in Research and Teaching Welfare Fund37D Payments into the Fund37E Investment of money in the Fund37F Payment of money out of the Fund

PART 4 – MISCELLANEOUS

38 Delegation39 Evidence40 Neglect to prosecute41 Liability for offences41AA Offences by bodies corporate41AB Conduct by officers, employees or agents41AC Time for charging certain offences under this Act41A Council employees etc. not subject to offence for giving information42 Regulations

PART 5 – TRANSITIONALS

43 Prevention of Cruelty to Animals (Amendment) Act 200044 Primary Industries and Food Legislation Amendment Act 201245 Prevention of Cruelty to Animals Amendment Act 2015—Transitional

provisions

SCHEDULE – TABLE OF DISEASES CAUSED BY HERITABLE DEFECTS





Date ofcommencement

Prevention of Cruelty toAnimals Act 1986

46 of 1986 20 May 1986 Ss 2, 3, 7:15–Oct 1986;Ss–1, 4–6,8–25, 26(except26(2)(b)),27–41, 42(except42(2)(h)): 4Mar 1987;Ss 26(2)(b),42(2)(h): 7 Dec1988



Date ofcommencement

Primary Industries LegislationAmendment Act 2014

71 of 2014 30 Sep 2014 Pt 2: 11 Apr2015 (Gaz S66, 31 Mar2015, p 1)

Prevention of Cruelty toAnimals Amendment Act 2015

60 of 2015 18 Nov 2015 Ss 4–30, 33, 36,39, 41, 43–47and 49–52:23 Dec 2015(Gaz S426,22 Dec 2015,p 1); ss 31, 32,34, 35, 37, 38,40, 42 and 48:1 Sep 2016

Racing and Other ActsAmendment (Greyhound Racingand Welfare Reform) Act 2016

17 of 2016 19 Apr 2016 S 19: 4 May2016 (Gaz S131, 3 May2016, p 1)




Date ofcommencement

Prevention of Cruelty toAnimals Act 1986

46 of 1986 20 May 1986 Ss 2, 3, 7:15–Oct 1986;Ss–1, 4–6,8–25, 26(except26(2)(b)),27–41, 42(except42(2)(h)): 4Mar 1987;Ss 26(2)(b),42(2)(h): 7 Dec1988



Date ofcommencement

Access to Medicinal CannabisAct 2016

20 of 2016 26 Apr 2016 S 151: 14 Sep2016 (Gaz S284, 13 Sep2016, p 1)




PART 2 – PROTECTION OF ANIMALS

Division 1 – Cruelty8 Definitions

(1) In this Part—

baiting means encouraging an animal to fight another animal;

inspector [Repealed][Def rep Act 65 of 2007, s 79(2)]

permit [Repealed][Def rep Act 65 of 2007, s 79(2); am Act 69 of 2004, s 49]

rodeo means an event which includes any exhibition of or competition inbuck-jumping, rough-riding, animal dogging, roping or tying;

rodeo school means the activity of training or schooling persons in buck-jumping,rough-riding, animal dogging, roping or tying;

[Def subst Act 65 of 2007, s 79(1)]

specialist inspector [Repealed][Def rep Act 65 of 2007, s 79(2); insrt Act 77 of 1995, s 6]

trap-shooting means shooting at a bird—(a) which is released or projected from a box, trap, cage or other

contrivance used for holding the bird; or(b) which is released or projected after being held in captivity whether

held by mechanical means or by hand.

(2) [Repealed][Subs (2) rep Act 65 of 2007, s 79(3); insrt Act 103 of 2003, s 34]

[S 8 am Act 65 of 2007; Act 69 of 2004; Act 103 of 2003; Act 77 of 1995]


“Rodeo” .................................................................................................................. [5.4.240]“Trap-shooting” ....................................................................................................... [5.4.250]

[5.4.240] “Rodeo”This definition is based on the definition of “rodeo” contained in the s 11A of the Protection ofAnimals Act 1966.

[5.4.250] “Trap-shooting”This definition is based on the definition of “trap-shooting” contained in s 7(2) of theProtection of Animals Act 1966.

9 Cruelty

(1) A person who—

PREVENTION OF CRUELTY TO ANIMALS ACT 1986 (ANNOTATED)s 9PART 2 – DIV 1 – CRUELTY[5.4.250]


(a) wounds, mutilates, tortures, overrides, overdrives, overworks, abuses, beats,worries, torments or terrifies an animal; or

(b) loads, crowds or confines an animal where the loading, crowding or confinementof the animal causes, or is likely to cause, unreasonable pain or suffering to theanimal; or

(c) does or omits to do an act with the result that unreasonable pain or suffering iscaused, or is likely to be caused, to an animal; or

(d) drives, conveys, carries or packs an animal in a manner or position or incircumstances which subjects or subject, or is likely to subject, it to unnecessarypain or suffering; or

(e) works, rides, drives or uses an animal when it is unfit for the purpose with theresult that unreasonable pain or suffering is caused to an animal; or

(f) is the owner or the person in charge of an animal which is confined or otherwiseunable to provide for itself and fails to provide the animal with proper andsufficient food, drink or shelter; or

(g) sells, offers for sale, purchases, drives or conveys an animal that appears to beunfit (because of weakness, emaciation, injury or disease) to be sold, purchased,driven or conveyed; or

(h) abandons an animal of a species usually kept in a state of confinement or for adomestic purpose; or

(i) is the owner or the person in charge of a sick or injured animal and unreasonablyfails to provide veterinary or other appropriate attention or treatment for theanimal; or

(j) other than in accordance with the Catchment and Land Protection Act 1994, theWildlife Act 1975, the Access to Medicinal Cannabis Act 2016 or the Drugs,Poisons and Controlled Substances Act 1981, intentionally administers to ananimal or lays a bait for the animal containing

(i) a poison; or(ii) any other substance which, when administered to that type of animal,

has a harmful effect on the animal; or(k) uses spurs with sharpened rowels on an animal; or(l) carries out a prohibited procedure on an animal—

(la) [Repealed](m) [Repealed]

commits an act of cruelty upon that animal and is guilty of an offence and is liable to apenalty of not more than, in the case of a natural person, 250 penalty units or imprisonmentfor 12 months or, in the case of a body corporate, 600 penalty units.[Subs (1) am Act 20 of 2016, s 151; Act 60 of 2015, s 5; Act 75 of 2011, s 25; Act 65 of 2007, s 80; Act 76 of2005, s 27; Act 11 of 2002, s 3 and Sch 1 item54; Act 74 of 2000, s 3 and Sch 1 item 101; Act 77 of 1995, s 7;Act 52 of 1994, s 97 and Sch 3 item 23.2; Act 68 of 1987, s 26]

(2) It is a defence to a charge under subsection (1) against an owner of an animal toprove that, at the time of the alleged offence, the owner had entered into an agreement withanother person by which the other person agreed to care for the animal.[Subs (2) insrt Act 77 of 1995, s 7]

[S 9 am Act 20 of 2016; Act 60 of 2015; Act 75 of 2011; Act 65 of 2007; Act 76 of 2005; Act 11 of 2002; Act 74of 2000; Act 77 of 1995; Act 52 of 1994; Act 68 of 1987]

s 9 PREVENTION OF CRUELTY TO ANIMALS [5.4.250]


Division 3 – Scientific procedures premises licences[Div 3 heading insrt Act 103 of 2003, s 37]

29 Grant of a scientific procedures premises licenceThe Department Head may licence a person who occupies a scientific premises to cause

or allow scientific procedures to be carried out—(a) on those premises; or(b) on behalf of the holder of the licence, at any other place specified in the licence.

[S 29 subst Act 103 of 2003, s 37; Act 76 of 1998; Act 77 of 1995]

29A Considerations for grant of scientific procedures premises licenceIn granting a scientific procedures premises licence the Department Head may have

regard to the following matters—(a) if the applicant is a natural person, whether or not the applicant is a fit and proper

person to hold the licence;(b) if the applicant is a body corporate, whether or not each director or officer of the

body corporate who does or may exercise control over the activities carried outunder the licence is a fit and proper person to be a director or officer of such alicence holder;

(c) whether or not the applicant has been convicted or found guilty of an offenceunder this Act or the regulations;

(d) any other relevant matter.[S 29A insrt Act 60 of 2015, s 31]

30 Application for a scientific procedures licence

(1) A person who is the occupier of a scientific premises may apply to the DepartmentHead for the grant of a scientific procedures premises licence.

(2) An application under subsection (1)—(a) must include the prescribed particulars; and(b) must be accompanied by the prescribed fee.

(3) An applicant must give the Department Head any further information relating to theapplication that the Department Head requests.[S 30 subst Act 103 of 2003, s 37; Act 77 of 1995]

31 Duration of scientific procedures premises licencesA scientific procedures premises licence remains in force for the period that is specified

in the licence, which must not be more than 3 years from the issue or renewal of the licence.[S 31 am Act 60 of 2015, s 32; reinsrt Act 103 of 2003, s 37; rep Act 65 of 1994, s 4]

32 Conditions on scientific procedures premises licences

(1) A scientific procedures premises licence is subject to any conditions—(a) that are prescribed; and(b) that the Department Head imposes on the licence.

(2) A licence holder must comply with the conditions to which the licence is subject.Penalty:

PREVENTION OF CRUELTY TO ANIMALS ACT 1986 (ANNOTATED)s 32PT 3 – DIV 3 – SCIENTIFIC PROCEDURES PREMISES LICENCES


120 penalty units or imprisonment for 12 months, in the case of a natural person.

600 penalty units, in the case of a body corporate.[Subs (2) am Act 65 of 2007, s 100]

(3) A person who is carrying out a scientific procedure under a scientific procedurespremises licence must comply with the conditions to which the licence is subject.Penalty:



(4) A person nominated under section 26(2) in respect of a scientific procedurespremises licence must take all reasonable steps to ensure that any scientific procedure that iscarried out under the licence is carried out in compliance with the licence conditions.Penalty: 120 penalty units or imprisonment for 12 months.[Subs (4) insrt Act 60 of 2015, s 33]

[S 32 am Act 60 of 2015; Act 65 of 2007; subst Act 103 of 2003, s 37; Act 77 of 1995; Act 65 of 1994]


Elements of the offence – s 32(2) ......................................................................... [5.4.1502]Mens rea ................................................................................................................ [5.4.1504]Elements of the offence – s 32(3) ......................................................................... [5.4.1506]Mens rea ................................................................................................................ [5.4.1508]Elements of the offence – s 32(4) ......................................................................... [5.4.1510]Mens rea ................................................................................................................ [5.4.1512]

[5.4.1502] Elements of the offence – s 32(2)The prosecution must prove that:• the offence occurred at the place and time alleged; and• the accused was correctly identified as the offender; and• the accused was the holder of a scientific procedures premises licence; and• the licence was subject to specified conditions; and• the accused did not comply with a specified condition or conditions.

Note that a charge under Pt 3 of the Act or any regulations relating to Pt 3 may be commencedwithin the period of three years after the date on which the alleged offence was committed:s 41AC of the Act. Section 41AC replaced s 37, which was to similar effect and was repealedat the time s 41AC came into effect.

[5.4.1504] Mens reaSee the discussion of mens rea at [4.2.830].An offence against s 32(2) is probably an offence that requires the prosecution to establishmens rea. While the offence appears regulatory in nature it carries a maximum sentence of12 months imprisonment for an individual. If this is so the prosecution must establish theaccused intended not to comply with the particular condition. However, it is possible it is astrict liability offence where the accused may raise a defence that they held an honest andreasonable belief that what they did was permitted by the licence.

[5.4.1506] Elements of the offence – s 32(3)The prosecution must prove that:• the offence occurred at the place and time alleged; and

s 32 PREVENTION OF CRUELTY TO ANIMALS [5.4.1502]


• the accused was correctly identified as the offender; and• the accused was carrying out a scientific procedure under a scientific procedures premises

licence; and• the licence was subject to specified conditions; and• the accused did not comply with a specified condition or conditions.


[5.4.1508] Mens reaSee the discussion of mens rea at [4.2.830].An offence against s 32(3) is probably an offence that requires the prosecution to establishmens rea. While the offence appears regulatory in nature it carries a maximum sentence of12 months imprisonment for an individual. If this is so the prosecution must establish theaccused intended not to comply with the particular condition. However, it is possible it is astrict liability offence where the accused may raise a defence that they held an honest andreasonable belief that what they did was permitted by the licence.

[5.4.1510] Elements of the offence – s 32(4)The prosecution must prove that:• the offence occurred at the place and time alleged; and• the accused was correctly identified as the offender; and• the accused was nominated under s 26(2) in respect of a scientific procedures premises

licence; and• the accused was carrying out a scientific procedure under that licence; and• the licence was subject to specified conditions; and• the accused did not take all reasonable steps to ensure compliance with a specified condition

or conditions.Note that a charge under Pt 3 of the Act or any regulations relating to Pt 3 may be commencedwithin the period of three years after the date on which the alleged offence was committed: s41AC of the Act.Despite the repeal of s 31(2) by the Prevention of Cruelty to Animals Amendment Act 2015, ascientific procedures premises licence that was in force immediately before that repeal is takento continue in force until the 30 June next following that repeal, subject to the provisions of thePrevention of Cruelty to Animals Act 1986 as to variation, suspension and cancellation ofscientific procedures premises licences: s 45(2), Prevention of Cruelty to Animals Act 1986.

[5.4.1512] Mens reaSee the discussion of mens rea at [4.2.830].An offence against s 32(4) is probably an offence that requires the prosecution to establishmens rea. While the offence appears regulatory in nature it carries a maximum sentence of 12months imprisonment for an individual. If this is so the prosecution must establish the accusedintended not to comply with the particular condition. However, it is possible it is a strictliability offence where the accused may raise a defence that they held an honest and reasonablebelief that what they did was permitted by the licence.


PREVENTION OF CRUELTY TO ANIMALS ACT 1986 (ANNOTATED)s 32PT 3 – DIV 3 – SCIENTIFIC PROCEDURES PREMISES LICENCES[5.4.1512]


Division 4 – Scientific procedures field work licences[Div 4 insrt Act 103 of 2003, s 37]

32A Grant of a scientific procedures field work licenceThe Department Head may licence a person—

(a) to carry out a scientific procedure or a program of scientific procedures; or(b) to cause or allow a scientific procedure or a program of scientific procedures to

be carried out—outside scientific premises.[S 32A insrt Act 103 of 2003, s 37]

32AB Considerations for grant of scientific procedures field work licenceIn granting a scientific procedures field work licence the Department Head may have

regard to the following matters—(a) if the applicant is a natural person, whether or not the applicant is a fit and proper




(d) any other relevant matter.[S 32AB insrt Act 60 of 2015, s 34]

32B Application for a scientific procedures field work licence

(1) A person may apply to the Department Head for the grant of a scientific proceduresfield work licence.


(3) An applicant must give the Department Head any further information relating to theapplication that the Department Head requests.[S 32B insrt Act 103 of 2003, s 37]

32C Duration of scientific procedures field work licencesA scientific procedures field work licence remains in force for the period that is specified

in the licence, which must not be more than 3 years from the issue or renewal of the licence.[S 32C am Act 60 of 2015, s 35; insrt Act 103 of 2003, s 37]

32D Conditions on scientific procedures field work licences

(1) A scientific procedures field work licence is subject to any conditions—(a) that are prescribed; and(b) that the Department Head imposes on the licence.

(2) A licence holder must comply with the conditions to which the licence is subject.

PREVENTION OF CRUELTY TO ANIMALS ACT 1986 (ANNOTATED)s 32DPT 3 – DIV 4 – SCIENTIFIC PROCEDURES FIELD WORK LICENCES


Penalty:



(3) A person who is carrying out a scientific procedure under a scientific proceduresfield work licence must comply with the conditions to which the licence is subject.Penalty:



(4) A person nominated under section 27(1A) in respect of a scientific procedures fieldwork licence must take all reasonable steps to ensure that any scientific procedure that iscarried out under the licence is carried out in compliance with the licence conditions.Penalty: 120 penalty units or imprisonment for 12 months.[Subs (4) insrt Act 60 of 2015, s 36]

[S 32D am Act 60 of 2015; Act 65 of 2007; insrt Act 103 of 2003, s 37]

SECTION 32D COMMENTARY

Elements of the offence – s 32D(2) ...................................................................... [5.4.1522]Mens rea ................................................................................................................ [5.4.1524]Elements of the offence – s 32D(3) ...................................................................... [5.4.1526]Mens rea ................................................................................................................ [5.4.1528]Elements of the offence – s 32D(4) ...................................................................... [5.4.1529]Mens rea ................................................................................................................ [5.4.1530]

[5.4.1522] Elements of the offence – s 32D(2)The prosecution must prove that:• the offence occurred at the place and time alleged; and• the accused was correctly identified as the offender; and• the accused was the holder of a scientific procedures field work licence; and• the licence was subject to specified conditions; and• the accused did not comply with a specified condition or conditions.


[5.4.1524] Mens reaSee the discussion of mens rea at [4.2.830].An offence against s 32D(2) is probably an offence that requires the prosecution to establishmens rea. While the offence appears regulatory in nature it carries a maximum sentence of12 months imprisonment for an individual. If this is so the prosecution must establish theaccused intended not to comply with the particular condition. However, it is possible it is astrict liability offence where the accused may raise a defence that they held an honest andreasonable belief that what they did was permitted by the licence.

s 32D PREVENTION OF CRUELTY TO ANIMALS [5.4.1522]


[5.4.1526] Elements of the offence – s 32D(3)The prosecution must prove that:• the offence occurred at the place and time alleged; and• the accused was correctly identified as the offender; and• the accused was carrying out a scientific procedure under a scientific procedures field work

licence; and• the licence was subject to specified conditions; and• the accused did not comply with a specified condition or conditions.


[5.4.1528] Mens reaSee the discussion of mens rea at [4.2.830].An offence against s 32D(3) is probably an offence that requires the prosecution to establishmens rea. While the offence appears regulatory in nature it carries a maximum sentence of12 months imprisonment for an individual. If this is so the prosecution must establish theaccused intended not to comply with the particular condition. However, it is possible it is astrict liability offence where the accused may raise a defence that they held an honest andreasonable belief that what they did was permitted by the licence.

[5.4.1529] Elements of the offence – s 32D(4)The prosecution must prove that:• the offence occurred at the place and time alleged; and• the accused was correctly identified as the offender; and• the accused was nominated under s 27(1A) in respect of a scientific procedure under a

scientific procedures field work licence; and• the accused was carrying out a scientific procedure under that licence; and• the licence was subject to specified conditions; and• the accused did not take all reasonable steps to ensure compliance with a specified condition

or conditions.Note that a charge under Pt 3 of the Act or any regulations relating to Pt 3 may be commencedwithin the period of three years after the date on which the alleged offence was committed: s41AC of the Act.Despite the repeal of s 32C(2) by the Prevention of Cruelty to Animals Amendment Act 2015,a scientific procedures field work licence that was in force immediately before that repeal istaken to continue in force until the 30 June next following that repeal, subject to the provisionsof the Prevention of Cruelty to Animals Act 1986 as to variation, suspension and cancellationof scientific procedures field work licences: s 45(3), Prevention of Cruelty to Animals Act1986.

[5.4.1530] Mens reaSee the discussion of mens rea at [4.2.830].An offence against s 32D(4) is probably an offence that requires the prosecution to establishmens rea. While the offence appears regulatory in nature it carries a maximum sentence of 12months imprisonment for an individual. If this is so the prosecution must establish the accusedintended not to comply with the particular condition. However, it is possible it is a strictliability offence where the accused may raise a defence that they held an honest and reasonablebelief that what they did was permitted by the licence.


PREVENTION OF CRUELTY TO ANIMALS ACT 1986 (ANNOTATED)s 32DPT 3 – DIV 4 – SCIENTIFIC PROCEDURES FIELD WORK LICENCES[5.4.1530]


Division 5 – Specified animals breeding licences[Div 5 insrt Act 103 of 2003, s 37]

32E Grant of a specified animals breeding licenceThe Department Head may licence a person who occupies premises to cause or allow

specified animals to be bred on the premises for the purposes of use in scientific procedures.[S 32E insrt Act 103 of 2003, s 37]

32EA Considerations for grant of specified animals breeding licenceIn granting a specified animals breeding licence the Department Head may have regard

to the following matters—(a) if the applicant is a natural person, whether or not the applicant is a fit and proper




(d) any other relevant matter.[S 32EA insrt Act 60 of 2015, s 37]

32F Application for a specified animals breeding licence

(1) A person who is the occupier of a premises may apply to the Department Head forthe grant of a specified animals breeding licence.


(3) An applicant must give the Department Head any further information relating to theapplication that the Department Head requests.[S 32F insrt Act 103 of 2003, s 37]

32G Duration of specified animals breeding licenceA specified animals breeding licence remains in force for the period that is specified in

the licence, which must not be more than 3 years from the issue or renewal of the licence.[S 32G am Act 60 of 2015, s 38; insrt Act 103 of 2003, s 37]

32H Conditions on specified animals breeding licence

(1) A specified animals breeding licence is subject to any conditions—(a) that are prescribed; and(b) that the Department Head imposes on the licence.

(2) A licence holder must comply with the conditions to which the licence is subject.Penalty:

20 penalty units, in the case of a natural person.


PREVENTION OF CRUELTY TO ANIMALS ACT 1986 (ANNOTATED)s 32HPT 3 – DIV 5 – SPECIFIED ANIMALS BREEDING LICENCES


(3) A person who is breeding specified animals under a specified animals breedinglicence must comply with the conditions to which the licence is subject.Penalty:

20 penalty units, in the case of a natural person.


(4) A person nominated under section 28(1A) in respect of a specified animals breedinglicence must take all reasonable steps to ensure that any breeding of specified animals thatis carried out under the licence is carried out in compliance with the licence conditions.Penalty: 120 penalty units or imprisonment for 12 months.[Subs (4) insrt Act 60 of 2015, s 39]

[S 32H am Act 60 of 2015; Act 65 of 2007; insrt Act 103 of 2003, s 37]

SECTION 32H COMMENTARY

Elements of the offence – s 32H(2) ...................................................................... [5.4.1532]Mens rea ................................................................................................................ [5.4.1534]Elements of the offence – s 32H(3) ...................................................................... [5.4.1536]Mens rea ................................................................................................................ [5.4.1538]Elements of the offence – s 32H(4) ...................................................................... [5.4.1540]Mens rea ................................................................................................................ [5.4.1542]

[5.4.1532] Elements of the offence – s 32H(2)The prosecution must prove that:• the offence occurred at the place and time alleged; and• the accused was correctly identified as the offender; and• the accused was the holder of a specified animals breeding licence; and• the licence was subject to specified conditions; and• the accused did not comply with a specified condition or conditions.

“Specified animal” is defined in s 25.Note that a charge under Pt 3 of the Act or any regulations relating to Pt 3 may be commencedwithin the period of three years after the date on which the alleged offence was committed:s 41AC of the Act. Section 41AC replaced s 37, which was to similar effect and was repealedat the time s 41AC came into effect.

[5.4.1534] Mens reaSee the discussion of mens rea at [4.2.830].An offence against s 32H(2) is probably an offence that requires the prosecution to establishmens rea. While the offence appears regulatory in nature, and carries a maximum penalty of20 penalty units for an individual, it is very similar to offences created by ss 32 and 32D of theAct. Those offences carry a maximum 12 months imprisonment and are probably mens reaoffences. The desirability of consistency across the Act suggests this offence should also beconsidered a mens rea offence. If this is so the prosecution must establish the accused intendednot to comply with the particular condition. However, it is possible it is a strict liability offencewhere the accused may raise a defence that they held an honest and reasonable belief that whatthey did was permitted by the licence.

[5.4.1536] Elements of the offence – s 32H(3)The prosecution must prove that:• the offence occurred at the place and time alleged; and

s 32H PREVENTION OF CRUELTY TO ANIMALS [5.4.1532]


• the accused was correctly identified as the offender; and• the accused was breeding specified animals under a specified animals breeding licence; and• the licence was subject to specified conditions; and• the accused did not comply with a specified condition or conditions.

“Specified animal” is defined in s 25.Note that a charge under Pt 3 of the Act or any regulations relating to Pt 3 may be commencedwithin the period of three years after the date on which the alleged offence was committed:s 41AC of the Act. Section 41AC replaced s 37, which was to similar effect and was repealedat the time s 41AC came into effect.

[5.4.1538] Mens reaSee the discussion of mens rea at [4.2.830].An offence against s 32H(3) is probably an offence that requires the prosecution to establishmens rea. While the offence appears regulatory in nature, and carries a maximum penalty of20 penalty units for an individual, it is very similar to offences created by ss 32 and 32D of theAct. Those offences carry a maximum 12 months imprisonment and are probably mens reaoffences. The desirability of consistency across the Act suggests this offence should also beconsidered a mens rea offence. If this is so the prosecution must establish the accused intendednot to comply with the particular condition. However, it is possible it is a strict liability offencewhere the accused may raise a defence that they held an honest and reasonable belief that whatthey did was permitted by the licence.

[5.4.1540] Elements of the offence – s 32H(4)The prosecution must prove that:• the offence occurred at the place and time alleged; and• the accused was correctly identified as the offender; and• the accused was nominated under s 28(1A) in respect of a specified animals breeding

licence; and• the accused was breeding specified animals under that licence; and• the licence was subject to specified conditions; and• the accused did not take all reasonable steps to ensure compliance with a specified condition

or conditions.“Specified animal” is defined in s 25.Note that a charge under Pt 3 of the Act or any regulations relating to Pt 3 may be commencedwithin the period of 3 years after the date on which the alleged offence was committed: s 41ACof the Act.Despite the repeal of s 32G(2) by the Prevention of Cruelty to Animals Amendment Act 2015,a specified animals breeding licence that was in force immediately before that repeal is takento continue in force until the 30 June next following that repeal, subject to the provisions of thePrevention of Cruelty to Animals Act 1986 as to variation, suspension and cancellation ofspecified animals breeding licences: s 45(4), Prevention of Cruelty to Animals Act 1986.

[5.4.1542] Mens reaSee the discussion of mens rea at [4.2.830].An offence against s 32H(4) is probably an offence that requires the prosecution to establishmens rea. The offence appears regulatory in nature, and carries a maximum penalty of 12months imprisonment. If this is so the prosecution must establish the accused intended not tocomply with the particular condition. However, it is possible it is a strict liability offence wherethe accused may raise a defence that they held an honest and reasonable belief that what theydid was permitted by the licence.


PREVENTION OF CRUELTY TO ANIMALS ACT 1986 (ANNOTATED)s 32HPT 3 – DIV 5 – SPECIFIED ANIMALS BREEDING LICENCES[5.4.1542]


Division 6 – General licensing provisions[Div 6 insrt Act 103 of 2003, s 37]

32I Power of Department Head to renew licencesOn the expiration of a licence granted under this Part, the Department Head may renew

the licence.[S 32I insrt Act 103 of 2003, s 37]

32IA Considerations for renewal of licenceIn renewing a licence under this Part the Department Head may have regard to the

following matters—(a) if the licence holder is a natural person, whether or not the licence holder is a fit

and proper person to hold the licence;(b) if the licence holder is a body corporate, whether or not each director or officer of

the body corporate who does or may exercise control over the activities carriedout under the licence is a fit and proper person to be a director or officer of thebody corporate that holds the licence;

(c) whether or not the licence holder has been convicted or found guilty of an offenceunder this Act or the regulations;

(d) whether or not the licence holder has failed to comply with a licence condition;(e) any other relevant matter.

[S 32IA insrt Act 60 of 2015, s 40]

32J Application to renew a licence

(1) Before a licence granted under this Part expires, the holder may apply to theDepartment Head for the renewal of the licence.


(3) An applicant under this section must give to the Department Head any furtherinformation relating to the application that the Department Head requests.

(4) A licence that was in force on the making of an application under this section, butwhich expires before the Department Head makes the decision as to whether or not torenew the licence, is taken to continue in force, despite that expiry, until the DepartmentHead makes the decision.[Subs (4) insrt Act 60 of 2015, s 41]

[S 32J am Act 60 of 2015; insrt Act 103 of 2003, s 37]

32K Power of the Department Head to vary licencesThe Department Head may, either on the application of the holder of a licence issued

under this Part, or on the Department Head’s own motion—(a) vary such a licence; or(b) vary a condition on such a licence, other than a prescribed condition.

[S 32K insrt Act 103 of 2003, s 37]

32L Variation of licence on the motion of the Department Head

PREVENTION OF CRUELTY TO ANIMALS ACT 1986 (ANNOTATED)s 32LPT 3 – DIV 6 – GENERAL LICENSING PROVISIONS


(1) Before—(a) varying a licence issued under this Part; or(b) varying a condition on such a licence—

of his or her own motion under section 32K, the Department Head must—(c) notify the holder of the licence; and(d) allow the holder an opportunity to make written submissions.

(2) Submissions under subsection (1) must be made within the time period specified inthe notice.

(3) In making a decision as to whether or not to vary a licence under section 32K, theDepartment Head must—

(a) have regard to submissions made within the period for making submissions; and(b) notify the holder of his or her decision.

(4) A variation to which subsection (1) applies has effect from the time specified in thenotice under subsection (3).[S 32L insrt Act 103 of 2003, s 37]

32LA Considerations for variation of a licence on the motion of theDepartment Head

In making a decision as to whether or not to vary a licence under section 32K, theDepartment Head may have regard to the following matters—

(a) if the licence holder is a natural person, whether or not the licence holder is a fitand proper person to hold the licence as unvaried;

(b) if the licence holder is a body corporate, whether or not each director or officer ofthe body corporate who does or may exercise control over the activities carriedout under the licence is a fit and proper person to be a director or officer of thebody corporate that holds the licence as unvaried;

(c) whether or not the licence holder has been convicted or found guilty of an offenceunder this Act or the regulations;

(d) whether or not the licence holder has failed to comply with a licence condition;(e) any other relevant matter.

[S 32LA insrt Act 60 of 2015, s 42]

32M Application to vary a licence

(1) The holder of a licence issued under this Part may apply to the Department Headfor—

(a) variation of the licence; or(b) variation of a condition of the licence.


(3) An applicant under subsection (1) must give to the Department Head any furtherinformation relating to the application that the Department Head requests.[S 32M insrt Act 103 of 2003, s 37]

32N Suspension of licence and notice of proposal to cancel

(1) If the Department Head is satisfied that there may be grounds for cancelling a licenceissued under this Part, the Department Head may suspend that licence.

s 32L PREVENTION OF CRUELTY TO ANIMALS


(2) The Department Head must serve notice of the suspension of the licence on theholder of the licence either personally or by post.

(3) A notice under subsection (2) must—(a) state that the licence is suspended; and(b) state that the Department Head is satisfied that there are grounds for the

cancellation of the licence; and(c) set out those grounds; and(d) set out the time within which written submissions on the proposed cancellation of

the licence may be made to the Department Head.

(4) A suspension under this section remains in force until—(a) if the Department Head decides to cancel the licence, the coming into effect of

that cancellation; or(b) if the Department Head decides not to cancel the licence, the making of that

decision.

(5) The holder of a licence whose licence is suspended under this section is deemed notto be the holder of a licence for the period of the suspension.[S 32N insrt Act 103 of 2003, s 37]

32O Making of submissions on suspension

(1) The holder of a licence issued under this Part whose licence has been suspendedunder section 32N may make written submissions on the proposal to cancel the licence.

(2) Submissions made under subsection (1) must be made within the time fixed by theDepartment Head under section 32N(3)(d).[S 32O insrt Act 103 of 2003, s 37]

32P Power of the Department Head to cancel a licenceIf, after considering any submissions made within the time fixed for making submissions

under section 32N(3)(d), the Department Head is satisfied that(a) in the case of a licence holder who is a natural person, the licence holder is not a

fit and proper person to hold the licence; or(b) in the case of a licence holder who is a body corporate, any director or officer of

the body corporate who does or may exercise control over the activities carriedout under the licence is not a fit and proper person to be a director or officer ofsuch a licence holder; or

[Para (b) am Act 60 of 2015, s 43]

(c) the licence holder has failed to comply with a condition of the licence; or(d) the licence holder has been found guilty of an offence against this Act or the

regulations—the Department Head may cancel the licence.[S 32P am Act 60 of 2015; insrt Act 103 of 2003, s 37]

32Q Notice of Department Head’s decision

(1) The Department Head must give notice to the holder of a licence that has beensuspended under section 32N of the Department Head’s decision under section 32P and setout reasons for that decision in the notice.

(2) A notice under subsection (1) must be served on the licence holder within 28 daysafter the expiry of the date for the making of submissions under section 32N(3)(d).[S 32Q insrt Act 103 of 2003, s 37]

PREVENTION OF CRUELTY TO ANIMALS ACT 1986 (ANNOTATED)s 32QPT 3 – DIV 6 – GENERAL LICENSING PROVISIONS


32R Coming into effect of cancellationCancellation of a licence by the Department Head has effect from the time at which

notice of the cancellation is served on the licence holder.[S 32R insrt Act 103 of 2003, s 37]


s 32Q PREVENTION OF CRUELTY TO ANIMALS


PART 3A – INFRINGEMENT NOTICES[Pt 3A insrt Act 103 of 2003, s 42]

37A Power to serve a notice

(1) An authorised officer may serve an infringement notice on any person that he or shehas reason to believe has committed—

(a) an offence against section 15A(2); or(b) a prescribed offence against the regulations.

(2) In this Part a reference to an “authorised officer” is a reference to—(a) in the case of an offence relating to a scientific procedure (within the meaning of

Part 3) an authorised officer, within the meaning of section 25; and(b) in any other case, a POCTA inspector.

[Subs (2) am Act 71 of 2014, s 8; Act 60 of 2012, s 72(8)]

(3) An offence referred to in subsection (1) for which an infringement notice may beserved is an infringement offence within the meaning of the Infringements Act 2006 and thepenalty for that offence is the prescribed infringement penalty in respect of that offence.[Subs (3) subst Act 32 of 2006, s 94 and Sch item 39(1)]

[S 37A am Act 71 of 2014; Act 60 of 2012; Act 32 of 2006; insrt Act 103 of 2003, s 42]

37B Form of noticeFor the purposes of section 37A, an infringement notice must be in the form required by

the Infringements Act 2006 and may contain any additional information approved by theDepartment Head.[S 37B subst Act 32 of 2006, s 94 and Sch item 39(2); insrt Act 103 of 2003, s 42]

37C Late payment of penalty [Repealed][S 37C rep Act 32 of 2006, s 94 and Sch item 39(3); insrt Act 103 of 2003, s 42]

37D Withdrawal of notice [Repealed][S 37D rep Act 32 of 2006, s 94 and Sch item 39(3); insrt Act 103 of 2003, s 42]

37E Payment expiates offence [Repealed][S 37E rep Act 32 of 2006, s 94 and Sch item 39(3); insrt Act 103 of 2003, s 42]

37F Application of penalty [Repealed][S 37F rep Act 32 of 2006, s 94 and Sch item 39(3); insrt Act 103 of 2003, s 42]

37G Prosecution after service of infringement notice [Repealed][S 37G rep Act 32 of 2006, s 94 and Sch item 39(3); insrt Act 103 of 2003, s 42]

37H Enforcement of infringement penalty [Repealed][S 37H rep Act 32 of 2006, s 94 and Sch item 39(3); insrt Act 103 of 2003, s 42]


PREVENTION OF CRUELTY TO ANIMALS ACT 1986 (ANNOTATED)s 37HPT 3A – INFRINGEMENT NOTICES


PART 3B – ANIMALS IN RESEARCH ANDTEACHING WELFARE FUND

[Pt 3B insrt Act 60 of 2015, s 48]

37C Animals in Research and Teaching Welfare FundThere is established in the Public Account as part of the Trust Fund an account to be

known as the Animals in Research and Teaching Welfare Fund.[S 37C insrt Act 60 of 2015, s 48]

37D Payments into the FundThere is to be paid into the Animals in Research and Teaching Welfare Fund—

(a) any fee imposed by the Department Head under Division 7 of Part 3AA; and(b) any interest received on money in the Fund or investments made under

section 37E; and(c) any money appropriated for the purpose from the Consolidated Fund.

[S 37D insrt Act 60 of 2015, s 48]

37E Investment of money in the FundMoney in the Animals in Research and Teaching Welfare Fund may be invested in

accordance with the Trustee Act 1958 or in any other manner that the Treasurer directs.[S 37E insrt Act 60 of 2015, s 48]

37F Payment of money out of the FundOn the recommendation of the Minister, money may be paid out of the Animals in

Research and Teaching Welfare Fund for the purpose of an exercise of any power, aperformance of any duty or a carrying out of any function by the Minister, DepartmentHead or an authorised officer under Part 3, Part 3AA or Part 3A.[S 37F insrt Act 60 of 2015, s 48]


PREVENTION OF CRUELTY TO ANIMALS ACT 1986 (ANNOTATED)s 37FPART 3B – ANIMALS IN RESEARCH AND TEACHING WELFARE FUND



Date of commence-ment

Domestic Animals Act1994 (formerlyDomestic (Feral andNuisance) Animals Act1994)

81 of 1994 29 Nov 1994 Ss 1–2: 29 Nov 1994;remainder: 20 July1995



Date of commence-ment

Victoria PoliceAmendment(Consequential andOther Matters) Act2014 (am by StatuteLaw Revision Act 2015)

37 of 2014 3 Jun 2014 Sch item 46: 1 Jul 2014(Gaz S 200, 24 Jun2014, p 2)

Primary IndustriesLegislation AmendmentAct 2014

71 of 2014 30 Sep 2014 Pt 3 (except s 15):11 Apr 2015 (Gaz S 66,31 Mar 2015, p 1);s 15: 1 Jul 2015

Domestic AnimalsAmendment Act 2015

13 of 2015 12 May 2015 S 3: 13 May 2015

Racing and Other ActsAmendment (GreyhoundRacing and WelfareReform) Act 2016

17 of 2016 19 Apr 2016 Ss 13, 14 and 18 andSch 1: 4 May 2016(Gaz S 131, 3 May2016, p 1)

Primary IndustriesLegislation AmendmentAct 2016

48 of 2016 6 Sep 2016 Pt 3: 29 Sep 2016 (GazS 296, 27 Sep 2016,p 2)


DOMESTIC ANIMALS ACT 1994


DOMESTIC ANIMALS


Division 6 – Disposal of seized dogs or cats84O Power to sell or destroy dogs or cats seized under this Part

(1) The Council or person or body holding a cat seized under this Part may destroy thecat as soon as possible after its seizure if—

(a) the cat does not bear an identification marker or a permanent identificationdevice; and

(b) the cat is wild, uncontrollable or diseased.

(2) If the owner of a dangerous dog or a restricted breed dog seized under this Part isentitled to recover the dog under Division 5 and does not recover the dog in accordancewith that Division within the period provided for recovery, the Council or person or bodyretaining custody of the dog must destroy the dog as soon as possible after the expiry of thatperiod.

(3) If the owner of a dog or cat (other than a dangerous dog or a restricted breed dog)seized under this Part is entitled to recover the animal under Division 5 and does notrecover the animal in accordance with that Division within the period provided for recovery,the Council or person or body retaining custody of the animal must sell or destroy theanimal as soon as possible after the expiry of that period in accordance with any relevantbusiness code of practice or greyhound code of practice.[Subs (3) am Act 17 of 2016, s 17 and Sch 1 item 16]

(4) An authorised officer may destroy a dog or cat seized under this Part if a veterinarypractitioner has certified that the dog or cat—

(a) should be immediately destroyed on humane grounds; or(b) is diseased or infected with disease.

[Subs (4) insrt Act 75 of 2011, s 12]

[S 84O am Act 17 of 2016; Act 75 of 2011; insrt Act 65 of 2007, s 29]

84P Further power to destroy dogs

(1) Subject to subsection (2), the Council may destroy a dog which has been seizedunder this Part at any time after its seizure if—

(a) the dog is a dangerous dog or a restricted breed dog that is able to be registeredor have its registration renewed under this Act and if—

(i) the Council has made a decision to refuse to register or renew theregistration of the dog; and

(ii) a review of that decision has affirmed the decision or the owner has notapplied for a review of that decision within the time fixed for reviewunder section 98(2A); or

(b) the dog is a restricted breed dog—(i) that is not able to be registered or have its registration renewed by the

Council under this Act; and(ii) if the dog was seized by an authorised officer in the reasonable belief

that it was a restricted breed dog, the provisions of this Part have beencomplied with; or

(c) the dog is a dangerous dog whose owner has been found guilty of an offenceunder Division 3 of Part 3 with respect to that dog; or

DOMESTIC ANIMALS ACT 1994s 84PPT 7A – DIV 6 – DISPOSAL OF SEIZED DOGS OR CATS


(d) the dog is a restricted breed dog whose owner has been found guilty of an offenceunder Division 3B of Part 3 with respect to that dog; or

(e) the dog’s owner has been found guilty of an offence under section 28, 28A or 29with respect to the dog; or

(f) a person other than the dog’s owner has been found guilty of an offence undersection 29 with respect to the dog.

[Subs (1) am Act 13 of 2015, s 3(1)]

(2) The Council must not, during the moratorium period, exercise its power to destroy adog—

(a) under subsection (1)(a) if that dog is a restricted breed dog; or(b) under subsection (1)(b).


(3) Subsection (2) does not affect the operation of any other provision of this Actrelating to restricted breed dogs.[Subs (3) insrt Act 13 of 2015, s 3(2)]

(4) In this section, moratorium period means the period beginning on the day on whichsection 3 of the Domestic Animals Amendment Act 2015 comes into operation and endingon 30 September 2017.[Subs (4) am Act 48 of 2016, s 7; insrt Act 13 of 2015, s 3(2)]

[S 84P am Act 48 of 2016; Act 13 of 2015; Act 35 of 2009, s 23(a); insrt Act 65 of 2007, s 29]

SECTION 84P COMMENTARY

[5.5.2430] Exercise of powerNatural justice requires that, a member of the panel who has been involved in prosecutingrelated criminal charges, not participate in the decision under s 84P(e). A fair-minded observermight reasonably apprehend that such a panel member might not have brought an impartialmind to the decision under s 84P(e).1

1 Isbester v Knox City Council (2015) 89 ALJR 609; [2015] HCA 20.

84Q Prosecution of identified persons suspected of committing offences

(1) If an authorised officer reasonably suspects that a person has committed an offenceset out in subsection (2) with respect to a dog or cat seized under this Part and the Councilhas sufficient information about the person to enable it to commence prosecution for theoffence and it proposes to prosecute the person for that offence, the Council—

(a) subject to subsection (3), must commence prosecution as soon as possible afterthe seizure; and

(b) in the case of a dog or cat seized under section 84B, may retain custody of theanimal until the outcome of the prosecution is known; and

(c) in any other case, must retain custody of the dog until the outcome of theprosecution is known.

[Subs (1) am Act 35 of 2009, s 24(2)]

(2) For the purposes of subsection (1) the offences are as follows—(a) an offence under Division 3 of Part 3;

s 84P DOMESTIC ANIMALS [5.5.2430]



Date ofcommencement

Gambling Regulation Act2003

114 of 2003 16 Dec 2003 Ss 1.1–1.6: 17 Dec2004; remainder: 1July 2004



Date ofcommencement

Justice Legislation FurtherAmendment Act 2010

64 of 2010 28 Sep 2010 Ss 34 and 35:12 Oct 2010 (Gaz S415, 12 Oct 2010,p 1)

Victorian Commission forGambling and LiquorRegulation Act 2011

58 of 2011 2 Nov 2011 Ss 69–70, 83–91,Sch item 3: 6 Feb2012 (Gaz S 423,21 Dec 2011, p 4)

Gambling RegulationAmendment (Licensing) Act2011

60 of 2011 8 Nov 11 S 3: 9 Nov 2011

Associations IncorporationReform Act 2012

20 of 2012 1 May 2012 Sch 5 item 14:26 Nov 2012 (GazS 384, 20 Nov2012, p 1)

Australian Consumer Lawand Fair Trading Act 2012

21 of 2012 8 May 2012 Sch 6 item 19: 1July 2012

Gambling LegislationAmendment (Transition) Act2012

32 of 2012 13 Jun 2012 S 3(3): 14 Jun2012; s 3(1) and(2): 1 Jul 2012

Co-operatives National LawApplication Act 2013

9 of 2013 13 Mar 2013 Sch 2 item 10: 3Mar 2014

Gambling RegulationAmendment Act 2013

27 of 2013 15 May 2013 Ss 4, 9: 16 May2013

Gambling RegulationAmendment(Pre-commitment) Act 2014

4 of 2014 11 Feb 2014 Ss 4 and 5: 30 Mar2014 (Gaz S 94, 25Mar 2014, p 1)

GAMBLING REGULATION ACT 2003 (EXTRACTS) (ANNOTATED)



Date ofcommencement

Gambling Regulation Act2003

114 of 2003 16 Dec 2003 Ss 1.1–1.6: 17 Dec2004; remainder: 1July 2004



Date ofcommencement

Gambling and LiquorLegislation Amendment(Reduction of Red Tape) Act2014

21 of 2014 1 Apr 2014 S 3: 16 Apr 2014(Gaz S 122, 15April 2014, p 1)

Victoria Police Amendment(Consequential and OtherMatters) Act 2014

37 of 2014 3 Jun 14 Sch item 72: 1 Jul2014; S 10 and Schitem 72.3: 1 Jul2015

Gambling and LiquorLegislation Amendment(Modernisation) Act 2014

56 of 2014 26 Aug 14 Ss 3, 4, 5, 6, 7, 8,10, 11, 12, 13, 14,16, 17, 18, 19, 20,21, 22, 23, 24, 25,26, 27, 28, 29, 30,31, 32, 33, 34, 35,36, 37, 38, 40, 41,42, 44, 45, 46, 47,48, 49, 51: 1 Jul2015

Gambling and LiquorLegislation FurtherAmendment Act 2014

64 of 2014 9 Sep 2014 Ss 4, 13: 1 Oct2014 (Gaz S 364,14 Oct 2014, p 1)

Gambling LegislationAmendment Act 2015

58 of 2015 18 Nov 2015 S 12: 1 Sep 2016

Justice Legislation FurtherAmendment Act 2016

3 of 2016 16 Feb 2016 S 94: 1 May 2016


GAMBLING REGULATION


that do not require the prosecution to establish a guilty intent. The words “wilfully”, “purpose”,“obstructing”, “delaying” and “preventing” suggest an element of intention. The maximumpenalty for an offence is 25 penalty units or six months imprisonment or both.

[5.8.4740] DefinitionsFor “place” see s 2.1.2, [5.8.240], [5.8.167] and [5.8.168].

[5.8.4760] General note as to evidence and proceedings under the ActProceedings for an offence against the Act can only be brought by a member of the policeforce, the Commission or a person authorised by the Commission. However, authority will bepresumed in the absence of evidence to the contrary. See s 10.5.31.As to evidence under the Act regarding assertions in relation to formal matters, copydocuments and authority to accept service see s 10.5.32.As to seizure and forfeiture see ss 10.5.28 and 10.5.29.See s 2.5.23. See also ss 2.5.24, 2.5.25 and 2.5.27.See s 2.6.4 as to a person deemed to be a keeper of a gaming house by conduct.See s 2.6.5 as to evidence of offences, including issues of onus.See also ss 2.5.41 and 2.5.42.

[5.8.4780] Wilfully preventing members of the police forceSee ss 2.5.23 and 2.5.39(6) of this Act. See also s 52 of the Summary Offences Act 1966 anddiscussion thereof at [4.2.6530] ff.

[5.8.4800] Penalty unitsThe Sentencing Act 1991 defines penalty units at s 110. The value of one penalty unit isdefined by the Monetary Units Act 2004.

2.5.23 Obstructing entry to be evidence of place being provided forunauthorised gambling

If—(a) a police officer authorised by a warrant under section 2.5.21 to enter a place is

wilfully prevented from or obstructed or delayed in entering or re-entering theplace or any part of it; or

[Para (a) am Act 56 of 2014, s 19(2)(a); Act 37 of 2014, s 10 and Sch item 72.5]

(b) an external or internal door or means of access to a place authorised to be enteredunder the warrant is found to be fitted or provided with a bolt, bar, chain or othermeans or contrivance for the purpose of preventing delaying or obstructing entryor re-entry or for giving an alarm in case of entry or re-entry; or

[Para (b) am Act 56 of 2014, s 19(2)(b)]

(c) a place is found fitted or provided with equipment for unauthorised gambling orany means or contrivance for—

(i) conducting a lottery or totalisator; or(ii) concealing, removing or destroying equipment for unauthorised

gambling—the prevention, obstruction, delay, fitting or finding is, without prejudice to anyother mode of proof, proof in the absence of evidence to the contrary that theplace is provided for the purposes of unauthorised gambling and thatunauthorised gambling was being conducted at the place.

[Para (c) am Act 56 of 2014, s 19(2)(c) and (d)]

[S 2.5.23 am Act 56 of 2014, s 19(1); Act 37 of 2014; Act 45 of 2004, s 22]

GAMBLING REGULATION ACT 2003 (EXTRACTS) (ANNOTATED)s 2.5.23CH 2 – PART 5 – PLACES PROVIDED FOR UNAUTHORISED GAMBLING[5.8.4800]


SECTION 2.5.23 COMMENTARY

Obstructing entry to be evidence of house being a common gaming house ....... [5.8.4820]Definitions .............................................................................................................. [5.8.4840]Generally ................................................................................................................ [5.8.4860]Obstruction of members of the police force .......................................................... [5.8.4880]

[5.8.4820] Obstructing entry to be evidence of house being a common gaminghouse

Section 2.5.23 re-enacts s 47 of the Lotteries Gaming and Betting Act 1966 (now repealed).For the most part differences between the wording of the repealed section and s 2.5.22 appearto reflect changes in legislative drafting style rather than any change in substance.

[5.8.4840] DefinitionsFor definition of terms see ss 1.3 and 2.1.2.See discussion of “gaming” at [5.8.163] and “betting” at [5.8.1020] and [5.8.169].For “lottery” and “totalisator” see s 1.3(1). For “instruments of gaming” and “place” sees 2.1.2(1), [5.8.240], [5.8.167] and [5.8.168].

[5.8.4860] GenerallySee s 2.6.5.

[5.8.4880] Obstruction of members of the police forceSee s 2.5.39(6) and s 52 of the Summary Offences Act 1966 and discussion thereof at[4.2.6530] ff.

2.5.24 Offence of permitting premises to be used as or as access to acommon gaming house or place [Repealed][S 2.5.24 rep Act 56 of 2014, s 20]


Offence of permitting premises to be used as or as access to a common gaminghouse or place .................................................................................................. [5.8.4900]

Elements of the offence ......................................................................................... [5.8.4920]Mens rea ................................................................................................................ [5.8.4940]Definitions .............................................................................................................. [5.8.4960]General note as to evidence and proceedings under the Act .............................. [5.8.4980]Penalty units .......................................................................................................... [5.8.5000]Generally ................................................................................................................ [5.8.5020]

[5.8.4900] Offence of permitting premises to be used as or as access to acommon gaming house or place

Section 2.5.24 re-enacts s 48 of the Lotteries Gaming and Betting Act 1966 (now repealed).For the most part differences between the wording of the repealed section and s 2.5.24 appearto reflect changes in legislative drafting style rather than any change in substance.

[5.8.4920] Elements of the offenceThe prosecution must prove that:• the offence occurred at the place and time alleged; and

s 2.5.24 GAMBLING REGULATION [5.8.4820]


[5.8.6120] General note as to evidence and proceedings under the ActProceedings for an offence against the Act can only be brought by a member of the policeforce, the Commission or a person authorised by the Commission. However, authority will bepresumed in the absence of evidence to the contrary. See s 10.5.31.As to evidence under the Act regarding assertions in relation to formal matters, copydocuments and authority to accept service see s 10.5.32.As to seizure and forfeiture see ss 10.5.28 and 10.5.29.See s 2.5.23. See also ss 2.5.24, 2.5.25 and 2.5.27.See s 2.6.4 as to a person deemed to be a keeper of a gaming house by conduct.See s 2.6.5 as to evidence of offences, including issues of onus.See also ss 2.5.41 and 2.5.42.

[5.8.6140] Penalty unitsThe Sentencing Act 1991 defines penalty units at s 110. The value of one penalty unit isdefined by the Monetary Units Act 2004.

[5.8.6160] ReferencesEvidence, presumptions, witnesses, see ss 2.5.40–2.5.42 and 2.6.5 and notes. Specialprocedure, see s 2.5.40. Persons found in common gaming houses: ibid, and s 2.5.43.Obstructing the police, see s 2.5.23 of this Act and s 52 of the Summary Offences Act 1966 at[4.2.6530] ff.

2.5.40 Procedure where place is entered under a warrant etc.

(1) This section applies if—(a) a place is entered under a warrant under section 2.5.21 and a person is found in

the place or entering or leaving it; or(b) a person is arrested as a person found in or entering or leaving a place to which

this Division applies.[Subs (1) am Act 56 of 2014, s 34(2)]

(2) If this section applies—(a) the police officer authorised to enter the place or to make or making the arrest

may require the person to give his or her name and address;(b) a police officer must as soon as possible bring all such persons or as many of

them as possible before a bail justice or the Magistrates’ Court to be dealt withaccording to law;

(c) in addition to any other power that the bail justice or the Court may possess, thebail justice or the Court may—

(i) on the oral statement of a police officer (with or without oath as to thebail justice or the Court seems fit) direct orally or in writing that aperson be released from custody; or

(ii) by warrant in the form of Form 3 in Schedule 4 imprison a person untilthe hearing of a charge against them for an offence under this Division;or

(iii) discharge a person on the person entering into a recognizance (with orwithout sureties at the discretion of the bail justice or the Court)conditioned for appearing at the hearing of the charge;

(d) in the case of a person so imprisoned, if within 24 hours after the person has beenreceived into custody in a prison, a document purporting to be a copy of thecharge is not served on or delivered to the person having the legal custody of theperson, the person must be discharged from custody;

GAMBLING REGULATION ACT 2003 (EXTRACTS) (ANNOTATED)s 2.5.40CH 2 – PART 5 – PLACES PROVIDED FOR UNAUTHORISED GAMBLING[5.8.6160]


(e) on a prosecution of a person for an offence in connection with a place referred toin subsection (1), any other person found in the place (whether or not concernedin or connected with any contravention of this Division and whether or notpresent in court by virtue of any recognizance, summons or warrant) may berequired by the court to give evidence on oath relating to the offence;

(f) a person referred to in paragraph (e) is not excused from giving evidence on theground that it will tend to incriminate the person;

(g) a person referred to in paragraph (e) who refuses to be sworn or to give evidenceis subject to be dealt with in all respects as if the person were a person appearingbefore a court in obedience to a subpoena or a summons to a witness who refuseswithout lawful cause or excuse to be sworn or to give evidence.

[Subs (2) am Act 56 of 2014, s 34(3); Act 37 of 2014, s 10 and Sch item 72.13]

(3) A person must not—(a) refuse to give a name or address under subsection (2)(a); or(b) give a false name or address.

Penalty: 5 penalty units or imprisonment for 1 month or both.

(4) A warrant to imprison under subsection (2)(c)(ii) may be issued for more than oneperson and, if so, it authorises the imprisonment of each person in respect of whom it isissued.[S 2.5.40 am Act 56 of 2014, s 34(1); Act 37 of 2014]


Procedure where house or place is entered under a special warrant etc ............ [5.8.6180]Elements of the offence – s 2.5.40(3) ................................................................... [5.8.6200]Mens rea ................................................................................................................ [5.8.6220]Definitions .............................................................................................................. [5.8.6240]General note as to evidence and proceedings under the Act .............................. [5.8.6260]Indictment, presentment or information ................................................................. [5.8.6300]Penalty units .......................................................................................................... [5.8.6320]

[5.8.6180] Procedure where house or place is entered under a special warrantetc

Section 2.5.40 re-enacts s 62 of the Lotteries Gaming and Betting Act 1966 (now repealed).For the most part differences between the wording of the repealed section and s 2.5.40 appearto reflect changes in legislative drafting style rather than any change in substance. This sectionis derived from s 145 of the Police Offences Act 1915; s 145 of the Police Offences Act 1928;s 145 of the Police Offences Act 1958. The Police Offences Act 1912, in consolidating earlierenactments, greatly changed the substance as well as the form of the sections. In particular, thepowers of justices under s 2.5.40(2)(c) and the forms of warrants of commitment illustrate thechanges so made.

[5.8.6200] Elements of the offence – s 2.5.40(3)The prosecution must prove that:• the offence occurred at the place and time alleged; and• the offender was the accused; and• the police entered a house or place pursuant to a warrant issued under s 2.5.39 of the Act;

and



Division 3 – Offences10.5.15 Offences relating to obstruction of inspectors

A person must not—(a) assault, obstruct, hinder, threaten, abuse, insult or intimidate an inspector or a

police officer when the inspector or police officer is performing or attempting toperform functions under a gaming Act or gaming regulations; or

[Para (a) am Act 37 of 2014, s 10 and Sch item 72.21(a)]

(b) fail, without reasonable excuse, to produce for inspection any machinery,equipment or records in the possession or under the control of the person whenrequired so to do by an inspector or police officer in the performance of his or herfunctions under a gaming Act or gaming regulations; or

[Para (b) am Act 37 of 2014, s 10 and Sch item 72.21(b)]

(c) fail, without reasonable excuse, to attend before an inspector or police officer andanswer questions or supply information when required so to do by the inspectoror police officer in the performance of his or her functions under a gaming Act orgaming regulations; or

[Para (c) am Act 37 of 2014, s 10 and Sch item 72.21(c)]

(d) except with the permission of an inspector or police officer, take any machinery,equipment or records seized, impounded or retained under the authority of agaming Act or gaming regulations; or

[Para (d) am Act 37 of 2014, s 10 and Sch item 72.21(d)]

(e) fail to comply with a direction of an inspector or police officer under a gamingAct or gaming regulations to cease to have available for use any machinery orequipment considered by the inspector or police officer to be unsatisfactory foruse; or

[Para (e) am Act 37 of 2014, s 10 and Sch item 72.21(e)]

(f) prevent, directly or indirectly, a person from attending before an inspector orpolice officer, producing to an inspector or police officer any machinery,equipment or records or answering any question of, or supplying any informationto, an inspector or officer when that person is required to do so under a gamingAct or gaming regulations.

[Para (f) am Act 37 of 2014, s 10 and Sch item 72.21(f)]Penalty: 60 penalty units.[S 10.5.15 am Act 37 of 2014]


Elements of the offence – s 10.5.15 ..................................................................... [5.8.8260]Mens rea ................................................................................................................ [5.8.8270]Without reasonable excuse, except with permission of ........................................ [5.8.8280]Definitions .............................................................................................................. [5.8.8290]

[5.8.8260] Elements of the offence – s 10.5.15The prosecution must prove that:• the offence occurred at the place and time alleged; and

GAMBLING REGULATION ACT 2003 (EXTRACTS) (ANNOTATED)s 10.5.15CH 10 – PART 5 – COMPLIANCE AND ENFORCEMENT[5.8.8260]


• the offender was the accused; and• the accused:

• assaulted, obstructed, hindered, threatened, abused, insulted or intimidated an inspectoror a member of the police force performing or attempting to perform functions under agaming Act or gaming regulations; or

• failed, without reasonable excuse, to produce anything for inspection or attend to answerquestions or provide information by an inspector or a member of the police forcepursuant to s 10.5.15(b) or (c); or

• took, without permission of an inspector or a member of the police force, any machinery,equipment or records seized, impounded, or retained under a gaming Act or regulations;or

• failed to comply with a direction of an inspector or a member of the police force to ceaseto have available for use any machinery or equipment considered by the inspector ormember to be unsatisfactory for use; or

• prevented, directly or indirectly, a person:• attending before an inspector or a member of the police force; or• producing to an inspector or member any machinery, equipment or records; or• answering any question of, or supplying any information to, an inspector or member;

when that person was required to do so under a gaming Act or gaming regulations.For a discussion of assaulting, resisting, obstructing police see [4.2.6440].

[5.8.8270] Mens reaSee the discussion of mens rea at [4.2.830].Generally offences against s 10.5.15 require the prosecution to establish mens rea. The specificintent required is determined by the requirement of each paragraph.

[5.8.8280] Without reasonable excuse, except with permission ofThe excuse and exceptions provided in s 10.5.15 should fall within s 72 of the CriminalProcedure Act 2009. If the accused presents or points to evidence suggesting a reasonablepossibility facts exist that if they did exist would establish the excuse or exception, the onusrest on the prosecution to establish the exception does not apply.

[5.8.8290] DefinitionsFor definition of terms see s 1.3.“Gaming Act” is defined in s 1.3(1).

10.5.16 False or misleading information

(1) A person must not—(a) in, or in relation to, an application for a licence, permit, approval or other

authorisation under a gaming Act, or an application for listing on the Roll; or(b) in purported compliance with the requirements of a notice under a gaming Act or

gaming regulations; or(c) in answer to a question asked by an inspector in the exercise of the functions of

an inspector; or(d) in purporting to provide information that the person has been authorised to

provide—give information that is false or misleading in a material particular.Penalty: 60 penalty units.

(2) It is a defence to a prosecution of a person for an offence under subsection (1) if it isproved that, at the time the information was given, the person believed, on reasonablegrounds—



(a) in the case of false information—that the information was true; or(b) in the case of misleading information—that the information was not misleading.


Elements of the offence – s 10.5.16(1) ................................................................. [5.8.8300]Mens rea ................................................................................................................ [5.8.8305]Definitions .............................................................................................................. [5.8.8315]

[5.8.8300] Elements of the offence – s 10.5.16(1)The prosecution must prove that:• the offence occurred at the place and time alleged; and• the offender was the accused; and• the accused provided information that was false or misleading in a material particular:

• in, or in relation to, an application for a licence, permit, approval or other authorisationunder a gaming Act, or an application for listing on the Roll; or

• in purported compliance with the requirements of a notice under a gaming Act or gamingregulations; or

• in answer to a question asked by an inspector in the exercise of the functions of aninspector; or

• in purporting to provide information that the person has been authorised to provide.

[5.8.8305] Mens reaSee the discussion of mens rea at [4.2.830].Offences against s 10.5.16 do not require the prosecution to establish mens rea. The specificdefences provided by s 10.5.16(2) require the accused to prove they held a particular belief andthey had reasonable grounds for holding that belief.

[5.8.8315] DefinitionsFor definition of terms see s 1.3.“Gaming Act” is defined in s 1.3(1).

10.5.17 Impersonation of inspectors or commissionersA person must not impersonate an inspector or a commissioner.

Penalty: 120 penalty units or imprisonment for 2 years or both.


Elements of the offence – s 10.5.17 ..................................................................... [5.8.8320]Mens rea ................................................................................................................ [5.8.8325]Definitions .............................................................................................................. [5.8.8330]

[5.8.8320] Elements of the offence – s 10.5.17The prosecution must prove that:• the offence occurred at the place and time alleged; and• the offender was the accused; and• the accused impersonated an inspector or a commissioner.



[5.8.8325] Mens reaSee the discussion of mens rea at [4.2.830].An offence against s 10.5.17 requires the prosecution to establish the accused intended to betaken to be an inspector or a commissioner.

[5.8.8330] DefinitionsFor definition of terms see s 1.3.

10.5.18 Bribery of authorised person

(1) An authorised person must not corruptly ask for, receive or obtain, or agree toreceive or obtain, any money, property or benefit of any kind for the authorised person orany other person—

(a) so that the authorised person will forego or neglect to perform his or herfunctions under a gaming Act or in order to influence him or her in theperformance of those functions; or

(b) on account of any thing already done or omitted to be done or to be afterwardsdone or omitted to be done by the authorised person in the performance of his orher functions under a gaming Act; or

(c) for the authorised person to use or take advantage of his or her positionimproperly to gain any benefit or advantage for or facilitate the commission of anoffence by another person.


(2) A person must not corruptly give to, confer on or procure for, or promise or offer togive to, confer on or procure for, an authorised person or any other person any money,property or benefit of any kind—

(a) so that the authorised person will forego or neglect to perform his or herfunctions under a gaming Act or in order to influence him or her in theperformance of those functions; or

(b) on account of any thing already done or omitted to be done or to be afterwardsdone or omitted to be done by the authorised person in the performance of his orher functions under a gaming Act; or

(c) for the authorised person to use or take advantage of his or her positionimproperly to gain any benefit or advantage for or facilitate the commission of anoffence by the first-mentioned person or any other person.



Elements of the offence – s 10.5.18(1) ................................................................. [5.8.8335]Elements of the offence – s 10.5.18(2) ................................................................. [5.8.8340]Mens rea ................................................................................................................ [5.8.8345]Definitions .............................................................................................................. [5.8.8350]

[5.8.8335] Elements of the offence – s 10.5.18(1)The prosecution must prove that:• the offence occurred at the place and time alleged; and• the offender was the accused; and



• the accused asked for, received or obtained or agreed to receive or obtain money, propertyor benefit of any kind:• for the authorised person; or• for another person:

• so that the authorised person would forego or neglect to perform his or her functionsunder a gaming Act or in order to influence him or her in the performance of thosefunctions; or

• on account of any thing already done or omitted to be done or to be afterwards doneor omitted to be done by the authorised person in the performance of his or herfunctions under a gaming Act; or

• for the authorised person to use or take advantage of his or her position improperly togain any benefit or advantage for or facilitate the commission of an offence by anotherperson; and

• the accused did so corruptly.

[5.8.8340] Elements of the offence – s 10.5.18(2)The prosecution must prove that:• the offence occurred at the place and time alleged; and• the offender was the accused; and• the accused gave to, confered on or procured for, or promised or offer to give to, confer on

or procure money, property or benefit of any kind:• for the authorised person; or• for another person:

• so that the authorised person would forego or neglect to perform his or her functionsunder a gaming Act or in order to influence him or her in the performance of thosefunctions; or

• on account of any thing already done or omitted to be done or to be afterwards doneor omitted to be done by the authorised person in the performance of his or herfunctions under a gaming Act; or

• for the authorised person to use or take advantage of his or her position improperly togain any benefit or advantage for or facilitate the commission of an offence by anotherperson; and

• the accused did so corruptly.

[5.8.8345] Mens reaSee the discussion of mens rea at [4.2.830].Offences against s 10.5.18(1) and (2) require the prosecution to establish the accused asked foror gave etc the money etc to obtain a particular corrupt outcome.

[5.8.8350] DefinitionsFor definition of terms see s 1.3.“Authorised person” and “gaming Act” are defined in s 1.3(1).

10.5.19 Protection against self-incrimination

(1) It is a reasonable excuse for a person to refuse or fail to answer questions or provideinformation that the person is required to answer or provide by or under a gaming Act if theanswering of the question or provision of the information would tend to incriminate theperson.

(2) It is not a reasonable excuse for a person to refuse or fail to produce any machinery,equipment or records that a person is required to produce by or under a gaming Act on theground that the production of the machinery, equipment or records would tend toincriminate the person.



(3) If the person claims, before producing the machinery, equipment or records, thatproduction of the machinery, equipment or records would tend to incriminate them, theequipment or records are not admissible in evidence against the person in criminalproceedings.

(4) This section is subject to sections 2.5.40(2)(f), 5.6.4(2) and 7.7.3(4).




PART 2 – REGULATIONS11.2.1 Regulations

(1) The Governor in Council may make regulations for or with respect to any matter orthing required or permitted by this Act to be prescribed or necessary to be prescribed to giveeffect to this Act including, but not limited to, the matters and things specified inSchedule 1.

(2) Regulations made under this Act—(a) may be of general or specially limited application; and(b) may differ according to differences in time, place or circumstances; and(c) may apply, adopt or incorporate any matter contained in any document, code,

standard, rule, specification or method formulated, issued, prescribed or publishedby any person whether—

(i) wholly or partially or as amended by the regulations; or(ii) as formulated, issued, prescribed or published at the time the

regulations are made or at any time before then; or(iii) as formulated, issued, prescribed or published from time to time; and

(d) may leave any matter or thing to be from time to time determined, applied,dispensed with or regulated by the Minister, the Commission or a personbelonging to a class of persons specified in the regulations; and

(e) may impose penalties not exceeding 20 penalty units for a contravention of theregulations.

[Subs (2) am Act 58 of 2015, s 12]

(3) A power conferred by this Act to make regulations providing for the imposition offees may be exercised by providing for all or any of the following matters—

(a) specific fees;(b) maximum fees;(c) minimum fees;(d) fees that vary according to different classes of—

(i) applicants; or(ii) gambling industry participants; or

(iii) gambling authorisations; or(iv) premises;

(da) scales of fees according to the value of the services to which the fees relate;(e) the manner of payment of fees;(f) the time or times at which fees are to be paid.

[Subs (3) am Act 64 of 2014, s 36; Act 104 of 2004, s 39]

(4) The regulations are subject to disallowance by a House of the Parliament.

(5) If a regulation made under this Act is disallowed by the Parliament or a House of theParliament, no regulation which is the same in substance as the disallowed regulation maybe made within 6 months after the date of the disallowance, unless—

(a) if the regulation was disallowed by one House of the Parliament, that Houseapproves the making of a regulation the same in substance as the disallowedregulation; or

GAMBLING REGULATION ACT 2003 (EXTRACTS) (ANNOTATED)s 11.2.1CH 11 – PART 2 – REGULATIONS


(b) if the regulation was disallowed by both Houses of the Parliament, each Houseapproves the making of a regulation the same in substance as the disallowedregulation.

(6) Any regulation made in contravention of subsection (5) is void and of no effect.[S 11.2.1 am Act 58 of 2015; Act 64 of 2014; Act 104 of 2004]


s 11.2.1 GAMBLING REGULATION


10L Offence to obstruct or hinder search or other powers or fail to complywith direction

A person must not, without reasonable excuse—(a) obstruct or hinder a police officer in the exercise of a power under section 10,

10G, 10H or 10J to stop and search a person or vehicle or to seize and detain athing; or

[Para (a) am Act 37 of 2014, s 10 and Sch item 28.14]

(b) fail to comply with a direction given by a police officer under clause 7(2) ofSchedule 1.

[Para (b) am Act 37 of 2014, s 10 and Sch item 28.14; Act 42 of 2010, s 21(3)]Penalty: 2 penalty units.[S 10L am Act 37 of 2014; Act 42 of 2010; insrt Act 92 of 2009, s 12]

SECTION 10L COMMENTARY

Elements of the offence to be proved – s 10L ...................................................... [5.10.1560]Mens rea ................................................................................................................ [5.10.1580]

[5.10.1560] Elements of the offence to be proved – s 10LThe prosecution must prove that:• the offence occurred at the place and time alleged;• the offender was the accused;• a police officer was exercising a power to stop and search a person or vehicle or to seize and

detain a thing under s 10, 10G, 10H or 10J;• the accused obstructed or hindered the officer; or• a police officer gave the accused a direction to accompany the officer to a police vehicle or

other private area for the purpose of conducting a strip search on the accused;• the accused failed to comply with the direction; and• the accused did not have a reasonable excuse.

See [4.2.6440] for a discussion regarding obstructing and hindering a police officer.

[5.10.1580] Mens reaIt may be argued, given the maximum penalty for an offence against s 10L is two penalty units,this is a strict liability offence and the prosecution is not required to establish mens rea as anelement of an offence. The accused person does not commit an offence under s 10L if theyhave a reasonable excuse for not providing the information or for providing incorrectinformation. It is not a “lawful excuse” to which s 8 of the Act would apply. Nevertheless, theprovisions of s 72 of the Criminal Procedure Act 2009 will apply as that section also applies toexception, exemption, proviso, or qualification. Thus, the evidentiary burden rests with thedefendant but the ultimate burden of proof rests with the prosecution to negate the existence ofan exemption once the defendant has satisfied the evidentiary burden: s 72. See the discussionof mens rea at [4.2.830].

11 Warrant to search

(1) If a magistrate is satisfied by the evidence, on oath or by affidavit, of any policeofficer of or above the rank of sergeant or for the time being in charge of a police station

s 11CONTROL OF WEAPONS ACT 1990[5.10.1580]


that there is reasonable ground for suspecting that an offence against section 5, 5AA or 5ABhas been or is being committed, he or she may grant a search warrant authorizing any policeofficer named therein—

(a) to enter at any time by day or by night any premises or place named in thewarrant, if necessary by force; and

(b) to search the premises or place and every person found therein; and(c) to seize and detain any prohibited weapon which he or she finds on the premises

or place or on any such person and in respect of which or in connection withwhich he or she has reasonable grounds for suspecting that an offence againstsection 5, 5AA or 5AB has been or is being committed.

[Subs (1) am Act 37 of 2014, s 10 and Sch item 28.14; Act 35 of 2012, s 16; Act 47 of 2000, s 11]

(2) Except as provided in subsection (1), the rules to be observed with respect to searchwarrants mentioned in the Magistrates’ Court Act 1989 extend and apply to warrants underthis section.[S 11 am Act 37 of 2014; Act 35 of 2012; Act 47 of 2000]


[5.10.1600] Warrant to searchSee generally “Search and seizure” at [1A.6.10] ff.

11A Indictable offenceAn offence under section 5(1A) or section 5AB(2) is an indictable offence.

[S 11A am Act 12 of 2012, s 6; Act 53 of 2007, s 13]

11B Power to serve infringement notice

(1) Subject to subsection (2), a police officer may serve an infringement notice on anyperson who he or she has reason to believe has committed an offence against section 6(1),(1AA) or (1A).[Subs (1) am Act 37 of 2014, s 10 and Sch item 28.14]

(1A) Subject to subsection (2), a protective services officer may serve an infringementnotice on any person who he or she has reason to believe has committed an offence againstsection 6(1) at or in the vicinity of a designated place.[Subs (1A) insrt Act 43 of 2011, s 13(1)]

(2) An infringement notice in respect of an offence against section 6(1), (1AA) or (1A)must not be served on a person who is under 16 years of age at the time of the allegedoffence.

(3) An offence referred to in subsection (1) or (1A) for which an infringement noticemay be served is an infringement offence within the meaning of the Infringements Act 2006.[Subs (3) am Act 43 of 2011, s 13(2)]

[S 11B am Act 37 of 2014; Act 43 of 2011; insrt Act 42 of 2010, s 15]

11C Infringement penaltyThe infringement penalty for an infringement offence referred to in section 11B is—

(a) in the case of an offence against section 6(1)—$1000;

s 11 CONTROL OF WEAPONS [5.10.1600]


(2) A person must not manufacture any firearm to which subsection (1) does not applyunless that person does so under and in accordance with a licence issued under this Part.Penalty: 1200 penalty units or 10 years imprisonment.[S 59A insrt Act 44 of 2015, s 5]


History of provision ................................................................................................ [5.11.1950]Elements of the offence – s 59A(1) ....................................................................... [5.11.1960]Elements of the offence – s 59A(2) ....................................................................... [5.11.1970]Manufacture ........................................................................................................... [5.11.1975]Mens rea ................................................................................................................ [5.11.1980]

[5.11.1950] History of provisionSection 59A was introduced into the Firearms Act 1996 by s 5 of the Firearms Amendment(Traffıcking and Other Measures) Act 2015. It commences in operation on 1 June 2016 unlessearlier proclaimed.

[5.11.1960] Elements of the offence – s 59A(1)The prosecution must prove that:• the offence occurred at the place and time alleged;• the offender was the accused;• the accused manufactured an item which met the specification for a category A or B

longarm or paintball marker; and• the accused did not do so:

– under a relevant licence; or– in accordance with the relevant licence issued under Pt 3.

If there was an issue whether the item fitted the definition of a category A or B firearm then s59A(2) would be the appropriate charge.An offence against s 59A(1) is an indictable offence: s 189A.

[5.11.1970] Elements of the offence – s 59A(2)The prosecution must prove that:• the offence occurred at the place and time alleged;• the offender was the accused;• the accused manufactured an item which met the specification for a firearm to which s

59A(1) does not apply; and• the accused did not do so:

– under a relevant licence; or– in accordance with the relevant licence issued under Pt 3.

Note: in relation to “manufacture” see discussion at [5.11.1950].An offence against s 59A(2) is an indictable offence: s 189A.

[5.11.1975] ManufactureThe terms “manufacture” and “manufactured” are used frequently, but are not defined, in theAct. They should have their ordinary meaning, perhaps with some significant qualifications.The ordinary meaning of “manufacture” is to “make something on a large scale usingmachinery”.1 There are notable variations on the definition including to “make something fromraw materials by hand or by machinery”.2 In the context of the Firearms Act it is highly likely“manufacture” would extend to making something by hand, could involve a single item andraw materials could include any materials that can be used to create a functional firearm or an

FIREARMS ACT 1996s 59APT 3 – CARRYING ON BUSINESS OF DEALING IN FIREARMS ETC[5.11.1975]


item that could function as a firearm. According to the Explanatory Memorandum to the Billinserting s 59A it was not intended that manufacturing would include any modifications that afirearm licence holder may make to their registered firearm.3 Given the Firearms Act does notdeal with imitation firearms, these are dealt with under the Control of Weapons Act, it could notbe an imitation firearm that was manufactured and that may raise a factual issue in a particularcase. See definition of “firearm” and discussion of imitation firearms at [5.11.20] “Firearm”.See also Freckleton I, “Indictable Offences in Victoria on ‘Firearm (manufacture)’” at[119A.10] ff.

1 Google search result for “meaning of manufacture”.2 Merriam-Webster online dictionary.3 See Explanatory Memorandum to the Firearms Amendment (Traffıcking and Other Measures) Bill 2015 at p 2.

[5.11.1980] Mens reaOffences under s 59A(1) and 59A(2) should be considered mens rea offences. The concept ofmanufacture requires an intention to produce a consequential outcome by the process.Nevertheless, the intent required is not simply to manufacture but rather to manufacture otherthan under or in accordance with a licence. Where it is established the accused had no licencethen an intent to manufacture would be the intent to manufacture without a licence. Where it isalleged the accused had a licence but the manufacture was not ‘in accordance with’ the licencethen it is likely the prosecution must prove the intent not to comply with the licence. Bothoffences carry substantial terms of imprisonment as the maximum sentence and both offencesare indictable offence. There is no basis for distinguishing between the offences created undereach subsection, other than the nature of the category of firearms covered and the severity ofthe maximum penalties. There is nothing in the section to suggest that the offences created areanything but offences requiring the prosecution to prove mens rea. See the discussion of mensrea at [4.2.830].

60 Issue of dealers licences

(1) The Chief Commissioner may licence a person to carry on the business of being afirearms dealer at the premises specified in the licence.

(2) A licence issued by the Chief Commissioner under subsection (1) may—(a) be issued in relation to all categories of firearms or in relation to those categories

of firearms specified in the licence; and(b) may authorise the carrying out of all aspects relating to the business of being a

firearms dealer or may be limited to particular aspects of that business.

61 General discretion of Chief Commissioner to refuse a dealers licence

(1) The Chief Commissioner must not issue a dealers licence to an applicant—(a) if the applicant, any close associate of the applicant, any responsible person in

relation to the application or any person the applicant is proposing to employ inthe business is a prohibited person; or

(b) if the applicant or any responsible person in relation to the application is underthe age of 21 years; or

(c) unless the Chief Commissioner is satisfied that—(i) the applicant and all responsible persons in relation to the application

and the persons the applicant is proposing to employ in the business—(A) are fit and proper persons; and(B) can carry on the business without being a danger to public

safety or peace; and(ii) the premises specified in the application are suitable to carry on the

business of being a firearms dealer; and

s 60 FIREARMS [5.11.1975]


PART 7 – FURTHER OFFENCES AND LEGALPROCEEDINGS

124AA Conspiring to commit and aiding the commission of an offenceoutside Victoria

(1) A person who, in Victoria—(a) conspires with another person or persons to commit an offence (in this section

called the principal offence) in a place outside Victoria, being an offencepunishable under the provisions of a law in force in that place that corresponds toa provision of this Act; or

(b) aids, abets, counsels, procures, solicits or incites the commission of an offence (inthis section called the principal offence) in any place outside Victoria, being anoffence punishable under the provisions of a law in force in that place thatcorresponds to a provision of this Act—

is guilty of an offence.

(2) A person who is guilty of an offence under subsection (1)—(a) is liable to the same penalty as that which the person would be subject to; and(b) may be dealt with in the same manner as that in which the person would be dealt

with—if the principal offence had been committed in Victoria.[S 124AA insrt Act 28 of 2003, s 54]

SECTION 124AA COMMENTARY

[5.11.5960] Conspiracy and aiding offences outside VictoriaSee ss 321, 321A, 323 – 324C of the Crimes Act 1958 and commentary at [1.1.2890] –[1.1.5030] and [1.2.2970].

124 Possession of cartridge ammunition

(1) A person must not possess cartridge ammunition unless that person—(a) is the holder of a licence under this Act or a permit under section 58A; or(b) is the holder of a licence to keep explosives for sale and to sell explosives issued

under the Dangerous Goods Act 1985; or(c) is not required to have a licence under this Act in order to possess a firearm.

Penalty: 40 penalty units.[Subs (1) am Act 28 of 2003, s 55; Act 22 of 1998, s 43 and Sch item 8]

(2) The holder of a licence under this Act (other than a firearms ammunition collectorslicence), must not possess cartridge ammunition which is not suitable for use in the categoryof firearms that that person is authorised to possess, carry or use under the licence.Penalty: 10 penalty units.[Subs (2) am Act 22 of 1998, s 43 and Sch item 8]

FIREARMS ACT 1996s 124PART 7 – FURTHER OFFENCES AND LEGAL PROCEEDINGS[5.11.5960]


(3) A person who is not required to have a licence under this Act in order to possess,carry or use a firearm must not possess cartridge ammunition which is not suitable for use inthe category of firearms that that person may possess, carry or use without having to obtaina licence.Penalty: 10 penalty units.[Subs (3) am Act 22 of 1998, s 43 and Sch item 8]

[S 124 am Act 28 of 2003; Act 22 of 1998]


Elements of the offence – s 124(1) ....................................................................... [5.11.6000]Elements of the offence – s 124(2) ....................................................................... [5.11.6020]Elements of the offence – s 124(3) ....................................................................... [5.11.6040]Mens rea ................................................................................................................ [5.11.6060]

[5.11.6000] Elements of the offence – s 124(1)The prosecution must prove that:• the offence occurred at the place and time alleged; and• the offender was the accused; and• the accused possessed cartridge ammunition; and• the accused:

(a) did not hold a relevant licence under the Act; or(b) did not hold a licence to keep explosives for sale and to sell explosives under the

Dangerous Goods Act 1985; or(c) was not exempt from holding a licence under the Act.

[5.11.6020] Elements of the offence – s 124(2)The prosecution must prove that:• the offence occurred at the place and time alleged; and• the offender was the accused; and• the accused was the holder of a relevant licence under the Act; and• the accused possessed cartridge ammunition that was not suitable for use in the category of

firearms that he or she was licensed to possess, use, or carry under the licence.

[5.11.6040] Elements of the offence – s 124(3)The prosecution must prove that:• the offence occurred at the place and time alleged; and• the offender was the accused; and• the accused was not required to hold a licence under the Act to possess, use, or carry a

firearm; and• the accused possessed cartridge ammunition that was not suitable for use in the category of

firearms that he or she could possess, use, or carry without a licence.

[5.11.6060] Mens reaOffences under s 124 require the prosecution to establish mens rea. The prosecution mustestablish that the accused possessed the ammunition. Thus, the accused must have the requisiteknowledge of the item being in their possession in the broader sense that possession is given inthe Act (see “possession” at [5.11.40]). The purpose to be achieved by s 124, namely ensuringammunition is only in the possession of persons authorised does not negate the need to

s 124 FIREARMS [5.11.6000]


update 163 november 2016 criminal law...

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