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

Authorised by the Chief Parliamentary Counsel Authorised Version i Road Safety (Drivers) and (General) Amendment (Fines Reform) Regulations 2017 S.R. No. 140/2017 TABLE OF PROVISIONS Regulation Page Part 1—Preliminary 1 1 Objective 1 2 Authorising provision 1 3 Commencement 1 Part 2—Road Safety (Drivers) Regulations 2009 2 4 Corporation to record demerit points 2 5 Corporation to record demerit points for relevant interstate offences 3 6 Notice to be given to other jurisdictions 3 7 Definitions for Part 6 4 8 New regulation 107A inserted 4 Part 3—Road Safety (General) Regulations 2009 7 9 Prescribed period for making statements 7 ═════════════ Endnotes 8 -- 1 of 9 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2017 S.R. No. 140/2017 Road Safety Act 1986 Road Safety (Drivers) and (General) Amendment (Fines Reform) Regulations 2017 The Governor in Council makes the following Regulations: Dated: 19 December 2017 Responsible Minister: LUKE DONNELLAN Minister for Roads and Road Safety ANDREW ROBINSON Clerk of the Executive Council Part 1—Preliminary 1 Objective The objective of these Regulations is to amend the Road Safety (Drivers) Regulations 2009 and the Road Safety (General) Regulations 2009 as a consequence of the enactment of the Fines Reform Act 2014. 2 Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. 3 Commencement These Regulations come into operation on 31 December 2017. -- 2 of 9 -- Part 2—Road Safety (Drivers) Regulations 2009 Road Safety (Drivers) and (General) Amendment (Fines Reform) Regulations 2017 S.R. No. 140/2017 2 Authorised by the Chief Parliamentary Counsel Part 2—Road Safety (Drivers) Regulations 2009 4 Corporation to record demerit points (1) For regulation 73(1)(e) of the Road Safety (Drivers) Regulations 20091 substitute— "(e) an enforcement order that is in force has been made against the person under Schedule 3 to the Children, Youth and Families Act 2005 in relation to a relevant offence; or". (2) After regulation 73(1) of the Road Safety (Drivers) Regulations 2009 insert— "(1A) For the purposes of section 35(3) of the Act, the Corporation must also record in the Demerits Register the appropriate number of demerit points against a person if— (a) it is duly notified that a notice of final demand has been served on the person under section 23 of the Fines Reform Act 2014 in relation to a relevant offence; and (b) it has not been notified that notice of an enforcement cancellation has been served on the enforcement agency under section 37(2) of that Act in relation to the infringement fine for the relevant offence.". -- 3 of 9 -- Part 2—Road Safety (Drivers) Regulations 2009 Road Safety (Drivers) and (General) Amendment (Fines Reform) Regulations 2017 S.R. No. 140/2017 3 Authorised by the Chief Parliamentary Counsel 5 Corporation to record demerit points for relevant interstate offences For regulation 73A(1)(d) of the Road Safety (Drivers) Regulations 2009 substitute— "(d) an action equivalent to the following that has not been reversed has been taken against the person in relation to a relevant interstate offence— (i) the service of a notice of final demand on the person under section 23 of the Fines Reform Act 2014; (ii) the making of an enforcement order under Schedule 3 to the Children, Youth and Families Act 2005; or". 6 Notice to be given to other jurisdictions For regulation 75(1)(c) of the Road Safety (Drivers) Regulations 2009 substitute— "(c) the penalty specified in an infringement notice has not been paid, and— (i) a notice of final demand has been served on the person under section 23 of the Fines Reform Act 2014 in respect of the unpaid penalty; and (ii) no notice of an enforcement cancellation in relation to the infringement fine has been served on the enforcement agency under section 37(2) of that Act; or (ca) the penalty specified in an infringement notice has not been paid and an enforcement order that is in force has been made against the person under Schedule 3 to the Children, Youth and Families Act 2005 in respect of the unpaid penalty; or". -- 4 of 9 -- Part 2—Road Safety (Drivers) Regulations 2009 Road Safety (Drivers) and (General) Amendment (Fines Reform) Regulations 2017 S.R. No. 140/2017 4 Authorised by the Chief Parliamentary Counsel 7 Definitions for Part 6 In regulation 107 of the Road Safety (Drivers) Regulations 2009, for the definition of eligible person substitute— "eligible person has the meaning given to it in regulation 107A;". 8 New regulation 107A inserted After regulation 107 of the Road Safety (Drivers) Regulations 2009 insert— "107A Meaning of eligible person (1) For the purposes of this Part, an eligible person is a person who— (a) holds a probationary driver licence that has been subject to a P1 probationary period and a P2 probationary period; and (b) according to the Corporation's records as at the assessment date for the driver licence, satisfies the requirements specified in subregulation (2) in respect of a relevant offence committed or alleged to have been committed by the person in the relevant period; and (c) according to the Corporation's records, will be less than 25 years of age at the expiry of the person's probationary period. Note For the probationary period see regulation 48(4). (2) For the purposes of subregulation (1)(b), the requirements are that the person— (a) has not had demerit points recorded against the person under regulation 73 or 73A; and -- 5 of 9 -- Part 2—Road Safety (Drivers) Regulations 2009 Road Safety (Drivers) and (General) Amendment (Fines Reform) Regulations 2017 S.R. No. 140/2017 5 Authorised by the Chief Parliamentary Counsel (b) has not been convicted or found guilty; and (c) has not paid, or entered into either of the following to pay, the penalty specified in an infringement notice issued to the person— (i) a payment plan within the meaning of the Infringements Act 2006; (ii) a payment arrangement within the meaning of the Fines Reform Act 2014; and (d) has not had a conviction imposed by a court under section 89(4) of the Act; and (e) has not been convicted under section 89A(2) of the Act; and (f) is not the subject of a notice or order specified in subregulation (3) (3) For the purposes of subregulation (2)(f)— (a) the notice is a notice of final demand— (i) that is served on the person under section 23 of the Fines Reform Act 2014; and (ii) in relation to which no notice of an enforcement cancellation in relation to the infringement fine has been served on the enforcement agency under section 37(2) of that Act; and (b) the order is an enforcement order that is in force made against the person under Schedule 3 to the Children, Youth and Families Act 2005. -- 6 of 9 -- Part 2—Road Safety (Drivers) Regulations 2009 Road Safety (Drivers) and (General) Amendment (Fines Reform) Regulations 2017 S.R. No. 140/2017 6 Authorised by the Chief Parliamentary Counsel (4) In this regulation— relevant period— (a) means the period— (i) beginning on the first grant of a P1 probationary driver licence to the person; and (ii) ending on the day before the assessment date for the driver licence; and (b) includes any period during which the person did not hold a driver licence.". -- 7 of 9 -- Part 3—Road Safety (General) Regulations 2009 Road Safety (Drivers) and (General) Amendment (Fines Reform) Regulations 2017 S.R. No. 140/2017 7 Authorised by the Chief Parliamentary Counsel Part 3—Road Safety (General) Regulations 2009 9 Prescribed period for making statements For regulation 80(1)(b)(i) of the Road Safety (General) Regulations 20092 substitute— "(i) if the infringement notice was served on a person other than a child and the fine is an infringement fine within the meaning of the Fines Reform Act 2014 that may be registered under section 16 of that Act, the period beginning on the date of the notice and ending immediately before the infringement fine is registered under section 16 of that Act; or". ═════════════ -- 8 of 9 -- Endnotes Road Safety (Drivers) and (General) Amendment (Fines Reform) Regulations 2017 S.R. No. 140/2017 8 Authorised by the Chief Parliamentary Counsel Endnotes 1 Reg. 4(1): S.R. No. 95/2009. Reprint No. 3 as at 1 July 2017. Reprinted to S.R. No. 42/2017. Subsequently amended by S.R. No. 100/2017. 2 Reg. 10: S.R. No. 115/2009. Reprint No. 3 as at 1 July 2017. Reprinted to S.R. No. 42/2017. Subsequently amended by S.R. No. 79/2017. -- 9 of 9 --