Road Legislation Amendment Act 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Road Legislation Amendment Act 2016 No. 5 of 2016 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 Part 2—Amendments relating to the certification of analyses performed in an approved laboratory 3 Division 1—Road Safety Act 1986 3 3 Evidentiary provisions—blood tests 3 4 Evidentiary provisions—urine tests 4 5 Evidentiary provisions—oral fluid tests 5 Division 2—Marine (Drug, Alcohol and Pollution Control) Act 1988 6 6 Evidentiary provisions—blood tests 6 7 Evidentiary provisions—urine tests 7 8 Evidentiary provisions—oral fluid tests 8 9 Approved analysts and approved experts 9 Division 3—Rail Safety (Local Operations) Act 2006 9 10 Evidentiary provisions—blood tests 9 11 Evidentiary provisions—oral fluid samples 10 Division 4—Dangerous Goods Act 1985 11 12 Analyst's certificates 11 Part 3—Amendment of Road Management Act 2004 12 13 Power to fix boundary of road 12 14 Matters which may be considered to constitute contributory negligence 12 15 Indexation provision 12 Part 4—Other amendments to Road Safety Act 1986 13 16 Definitions 13 17 Suspension or cancellation of vehicle tester authorisations 13 18 Purposes of licensing 13 19 Obligations of road users 13 -- 1 of 35 -- Section Page ii Authorised by the Chief Parliamentary Counsel 20 Offence if driver not licensed 14 21 Driver licences 15 22 Probationary driver licences 15 23 New section 23 inserted 15 24 Appeal to Magistrates' Court 15 25 Power of Corporation to require tests to be undergone 15 26 Power of court to cancel, suspend or vary licences and permits 16 27 Appeal against disqualification, cancellation, suspension or variation by order of Magistrates' Court or Children's Court 16 28 Administrative scheme for removal of alcohol interlock condition 16 29 Duty of owner of motor vehicle to give information about driver 17 30 Duty of driver etc. of motor vehicle if accident occurs 17 31 Powers of persons authorised by Victoria Police 17 32 Notice to be given of intention to deem motor vehicle abandoned 17 33 Authorised use or disclosure 18 34 Service of notices 18 35 Amendment to Schedule 2 18 36 References to driver licences and learner permits 19 37 References to tests and assessments 19 38 Statute law revision 19 Part 5—Repeal of amending Act 20 39 Amending Act repealed 20 Schedule 1—Amendment of Road Safety Act 1986—references to driver licences and learner permits 21 Schedule 2—Amendment of Road Safety Act 1986—references to tests and assessments 31 ═══════════════ Endnotes 33 1 General information 33 -- 2 of 35 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Road Legislation Amendment Act 2016 † No. 5 of 2016 [Assented to 16 February 2016] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The main purposes of this Act are— (a) to amend the Road Safety Act 1986, the Marine (Drug, Alcohol and Pollution Control) Act 1988, the Rail Safety (Local Operations) Act 2006 and the Dangerous Goods Act 1985 to permit an approved analyst to certify the result of an analysis conducted in an approved laboratory rather than limit the certification to an Victoria -- 3 of 35 -- Part 1—Preliminary Road Legislation Amendment Act 2016 No. 5 of 2016 2 Authorised by the Chief Parliamentary Counsel analysis conducted by the approved analyst; and (b) to amend the Road Management Act 2004 to improve the process for adjusting the threshold amount in respect of liability for property damage caused by the condition of a road or infrastructure and to make other minor amendments; and (c) to amend the Road Safety Act 1986 to make various amendments relating to the licensing of drivers. 2 Commencement (1) This Part, sections 13, 27 and 38 and Part 5 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision of this Act does not come into operation before 1 July 2016, it comes into operation on that day. -- 4 of 35 -- Part 2—Amendments relating to the certification of analyses performed in an approved laboratory Road Legislation Amendment Act 2016 No. 5 of 2016 3 Authorised by the Chief Parliamentary Counsel Part 2—Amendments relating to the certification of analyses performed in an approved laboratory Division 1—Road Safety Act 1986 3 Evidentiary provisions—blood tests (1) In section 57(1) of the Road Safety Act 1986— (a) after paragraph (a)(i) insert— "(ia) a person who carries out an analysis in an approved laboratory; or"; (b) in paragraph (c), for "section." substitute "section; and"; (c) after paragraph (c) insert— "(d) approved laboratory means a laboratory that has been approved by an Order of the Governor in Council published in the Government Gazette for the purposes of this section.". (2) For section 57(4) and (4A) of the Road Safety Act 1986 substitute— "(4) A certificate, containing the prescribed particulars, as to the concentration of alcohol expressed in grams per 100 millilitres of blood found in any sample of blood— (a) purporting to be signed by an approved analyst; and (b) stating that the sample of blood was analysed in an approved laboratory— is admissible in evidence in any proceedings referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it. -- 5 of 35 -- Part 2—Amendments relating to the certification of analyses performed in an approved laboratory Road Legislation Amendment Act 2016 No. 5 of 2016 4 Authorised by the Chief Parliamentary Counsel (4A) A certificate, containing the prescribed particulars, as to the presence in any sample of blood of a substance that is, or is capable of being, a drug for the purposes of this Act— (a) purporting to be signed by an approved analyst; and (b) stating that the sample of blood was analysed in an approved laboratory— is admissible in evidence in any proceedings referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.". 4 Evidentiary provisions—urine tests (1) In section 57A(1) of the Road Safety Act 1986— (a) in the definition of properly qualified analyst, after paragraph (a) insert— "(ab) a person who carries out an analysis in an approved laboratory; or"; (b) insert the following definition— "approved laboratory means a laboratory that has been approved by an Order of the Governor in Council published in the Government Gazette for the purposes of this section;". (2) For section 57A(4) of the Road Safety Act 1986 substitute— "(4) A certificate, containing the prescribed particulars, as to the presence in any sample of urine of a substance that is, or is capable of being, a drug for the purposes of this Act— (a) purporting to be signed by an approved analyst; and -- 6 of 35 -- Part 2—Amendments relating to the certification of analyses performed in an approved laboratory Road Legislation Amendment Act 2016 No. 5 of 2016 5 Authorised by the Chief Parliamentary Counsel (b) stating that the urine sample was analysed in an approved laboratory— is admissible in evidence in any hearing referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.". 5 Evidentiary provisions—oral fluid tests (1) In section 57B(1) of the Road Safety Act 1986— (a) in the definition of properly qualified analyst, after paragraph (a) insert— "(ab) a person who carries out an analysis in an approved laboratory; or"; (b) insert the following definition— "approved laboratory means a laboratory that has been approved by an Order of the Governor in Council published in the Government Gazette for the purposes of this section;". (2) For section 57B(4) of the Road Safety Act 1986 substitute— "(4) A certificate, containing the prescribed particulars, as to the presence in any sample of oral fluid of a substance that is a prescribed illicit drug— (a) purporting to be signed by an approved analyst; and (b) stating that the sample of oral fluid was analysed in an approved laboratory— is admissible in evidence in any hearing referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.". -- 7 of 35 -- Part 2—Amendments relating to the certification of analyses performed in an approved laboratory Road Legislation Amendment Act 2016 No. 5 of 2016 6 Authorised by the Chief Parliamentary Counsel Division 2—Marine (Drug, Alcohol and Pollution Control) Act 1988 6 Evidentiary provisions—blood tests (1) For section 32(1) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 substitute— "(1) In this section— approved analyst means an approved analyst within the meaning of section 57 of the Road Safety Act 1986; approved laboratory means an approved laboratory within the meaning of section 57 of the Road Safety Act 1986; properly qualified analyst means— (a) an approved analyst; or (b) a person who conducts an analysis in an approved laboratory; or (c) a person who is considered by the court to have scientific qualifications, training and experience that qualifies the person to carry out the analysis and to express the opinion to which this section relates.". (2) For section 32(4) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 substitute— "(4) A certificate in the prescribed form as to the concentration of alcohol expressed in grams per 100 millilitres of blood found in any sample of blood— (a) purporting to be signed by an approved analyst; and -- 8 of 35 -- Part 2—Amendments relating to the certification of analyses performed in an approved laboratory Road Legislation Amendment Act 2016 No. 5 of 2016 7 Authorised by the Chief Parliamentary Counsel (b) stating that the sample of blood was analysed in an approved laboratory— is admissible in evidence in any proceedings referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.". 7 Evidentiary provisions—urine tests (1) In section 32A(1) of the Marine (Drug, Alcohol and Pollution Control) Act 1988— (a) for the definition of approved analyst substitute— "approved analyst means an approved analyst within the meaning of section 57A of the Road Safety Act 1986;"; (b) in the definition of properly qualified analyst, after paragraph (a) insert— "(ab) a person who carries out an analysis in an approved laboratory; or"; (c) insert the following definition— "approved laboratory means an approved laboratory within the meaning of section 57A of the Road Safety Act 1986;". (2) For section 32A(4) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 substitute— "(4) A certificate, containing the prescribed particulars, as to the presence in any sample of urine of a substance that is, or is capable of being, a drug for the purposes of this Act— (a) purporting to be signed by an approved analyst; and -- 9 of 35 -- Part 2—Amendments relating to the certification of analyses performed in an approved laboratory Road Legislation Amendment Act 2016 No. 5 of 2016 8 Authorised by the Chief Parliamentary Counsel (b) stating that the urine sample was analysed in an approved laboratory— is admissible in evidence in any hearing referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.". 8 Evidentiary provisions—oral fluid tests (1) In section 32B(1) of the Marine (Drug, Alcohol and Pollution Control) Act 1988— (a) for the definition of approved analyst substitute— "approved analyst means an approved analyst within the meaning of section 57B of the Road Safety Act 1986;"; (b) in the definition of properly qualified analyst, after paragraph (a) insert— "(ab) a person who carries out an analysis in an approved laboratory; or"; (c) insert the following definition— "approved laboratory means an approved laboratory within the meaning of section 57B of the Road Safety Act 1986;". (2) For section 32B(4) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 substitute— "(4) A certificate, containing the prescribed particulars, as to the presence in any sample of oral fluid of a substance that is a prescribed illicit drug— (a) purporting to be signed by an approved analyst; and -- 10 of 35 -- Part 2—Amendments relating to the certification of analyses performed in an approved laboratory Road Legislation Amendment Act 2016 No. 5 of 2016 9 Authorised by the Chief Parliamentary Counsel (b) stating that the sample of oral fluid was analysed in an approved laboratory— is admissible in evidence in any hearing referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.". 9 Approved analysts and approved experts (1) In the heading to section 32C of the Marine (Drug, Alcohol and Pollution Control) Act 1988, omit "analysts and approved". (2) Section 32C(1) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 is repealed. Division 3—Rail Safety (Local Operations) Act 2006 10 Evidentiary provisions—blood tests (1) In section 86I(1) of the Rail Safety (Local Operations) Act 2006— (a) in the definition of properly qualified analyst, after paragraph (a) insert— "(ab) a person who carries out an analysis in an approved laboratory; or"; (b) insert the following definition— "approved laboratory means an approved laboratory within the meaning of section 57 of the Road Safety Act 1986;". (2) For sections 86I(6) and (7) of the Rail Safety (Local Operations) Act 2006 substitute— "(6) A certificate, containing the prescribed particulars, as to the concentration of alcohol expressed in grams per 100 millilitres of blood found in any sample of blood— -- 11 of 35 -- Part 2—Amendments relating to the certification of analyses performed in an approved laboratory Road Legislation Amendment Act 2016 No. 5 of 2016 10 Authorised by the Chief Parliamentary Counsel (a) purporting to be signed by an approved analyst; and (b) stating that the sample of blood was analysed in an approved laboratory— is admissible in evidence in a proceeding referred to in subsection (4) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it. (7) A certificate, containing the prescribed particulars, as to the presence in any sample of blood of a substance that is, or is capable of being, a prescribed drug for the purposes of this Part— (a) purporting to be signed by an approved analyst; and (b) stating that the sample of blood was analysed in an approved laboratory— is admissible in evidence in a proceeding referred to in subsection (4) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.". 11 Evidentiary provisions—oral fluid samples (1) In section 86J(1) of the Rail Safety (Local Operations) Act 2006— (a) in the definition of properly qualified analyst, after paragraph (a) insert— "(ab) a person who carries out an analysis in an approved laboratory; or"; (b) insert the following definition— "approved laboratory means an approved laboratory within the meaning of section 57B of the Road Safety Act 1986;". -- 12 of 35 -- Part 2—Amendments relating to the certification of analyses performed in an approved laboratory Road Legislation Amendment Act 2016 No. 5 of 2016 11 Authorised by the Chief Parliamentary Counsel (2) For section 86J(6) of the Rail Safety (Local Operations) Act 2006 substitute— "(6) A certificate, containing the prescribed particulars, as to the presence in any sample of oral fluid of a substance that is, or is capable of being, a prescribed drug for the purposes of this Part— (a) purporting to be signed by an approved analyst; and (b) stating that the sample of oral fluid was analysed in an approved laboratory— is admissible in evidence in any proceedings referred to in subsection (4) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.". Division 4—Dangerous Goods Act 1985 12 Analyst's certificates (1) In section 42A(1) of the Dangerous Goods Act 1985, for "made by the approved analyst" substitute "that the approved analyst states was analysed or examined in an approved laboratory". (2) For section 42A(6) of the Dangerous Goods Act 1985 substitute— "(6) In this section— approved analyst means an analyst who is— (a) operating with the authority of an approved laboratory; or (b) approved by the Authority; approved laboratory means a laboratory accredited by the National Association of Testing Authorities.". -- 13 of 35 -- Part 3—Amendment of Road Management Act 2004 Road Legislation Amendment Act 2016 No. 5 of 2016 12 Authorised by the Chief Parliamentary Counsel Part 3—Amendment of Road Management Act 2004 13 Power to fix boundary of road In section 13(3) and (4) of the Road Management Act 2004, for "Surveyor and Chief Draughtsman in the Office of Titles" substitute "Registrar of Titles". 14 Matters which may be considered to constitute contributory negligence In section 106 of the Road Management Act 2004, for "section 17A(1)" substitute "section 17A(2A)". 15 Indexation provision In section 111(1) of the Road Management Act 2004— (a) for "last published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made" substitute "most recently published by the Australian Bureau of Statistics"; (b) for "B last published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made" substitute "B most recently published by the Australian Bureau of Statistics". -- 14 of 35 -- Part 4—Other amendments to Road Safety Act 1986 Road Legislation Amendment Act 2016 No. 5 of 2016 13 Authorised by the Chief Parliamentary Counsel Part 4—Other amendments to Road Safety Act 1986 16 Definitions In section 3(1) of the Road Safety Act 1986— (a) insert the following definition— "learner permit means a permit granted under Part 3;"; (b) the definition of international driving permit is repealed. 17 Suspension or cancellation of vehicle tester authorisations In section 15A(1A) of the Road Safety Act 1986 omit "until such time that the person demonstrates to the satisfaction of the Corporation that the matters leading to the cancellation of the authorisation have been addressed". 18 Purposes of licensing In section 17(c) of the Road Safety Act 1986, for "unsuited to drive" substitute "unfit to drive". 19 Obligations of road users (1) For section 17A(1) of the Road Safety Act 1986 substitute— "(1) A person who drives a motor vehicle on a highway must drive in a safe manner having regard to all the relevant factors.". (2) After section 17A(2) of the Road Safety Act 1986 insert— "(2A) For the purposes of subsections (1) and (2) and without limiting their generality, the relevant factors include the following— (a) the physical characteristics of the road; -- 15 of 35 -- Part 4—Other amendments to Road Safety Act 1986 Road Legislation Amendment Act 2016 No. 5 of 2016 14 Authorised by the Chief Parliamentary Counsel (b) the prevailing weather conditions; (c) the level of visibility; (d) the condition of any vehicle the person is driving or riding on the highway; (e) the prevailing traffic conditions; (f) the relevant road laws and advisory signs; (g) the physical and mental condition of the driver or road user. Note The above factors are relevant to section 106 of the Road Management Act 2004 (Matters which may be considered to constitute contributory negligence).". (3) In section 17A(3) of the Road Safety Act 1986— (a) in paragraph (a) omit "have regard to the rights of other road users and"; (b) in paragraph (b) omit "have regard to the rights of the community and infrastructure managers in relation to road infrastructure and non-road infrastructure on the road reserve and"; (c) in paragraph (c) omit "have regard to the rights of the community in relation to the road reserve and". (4) In section 17A(4) of the Road Safety Act 1986 omit "infrastructure manager". 20 Offence if driver not licensed In section 18(2)(a) of the Road Safety Act 1986— (a) for "or Territory" substitute ", Territory or country"; (b) omit "or an International Driving Permit". -- 16 of 35 -- Part 4—Other amendments to Road Safety Act 1986 Road Legislation Amendment Act 2016 No. 5 of 2016 15 Authorised by the Chief Parliamentary Counsel 21 Driver licences After section 19(4) of the Road Safety Act 1986 insert— "(4A) Without limiting any power the Corporation has under the regulations to renew a driver licence and subject to sections 19A and 19B, the Corporation may renew a driver licence held by a person who is 75 years of age or over for a shorter term than the term that usually applies to a person who is less than 75 years of age.". 22 Probationary driver licences Section 21(7) of the Road Safety Act 1986 is repealed. 23 New section 23 inserted After section 22 of the Road Safety Act 1986 insert— "23 Driver licence and learner permit to remain property of State of Victoria A driver licence or learner permit issued by the Corporation remains the property of the State.". 24 Appeal to Magistrates' Court In section 26(1)(a) of the Road Safety Act 1986, for "or a permit" substitute ", a learner permit or a learner permit variation". 25 Power of Corporation to require tests to be undergone (1) In section 27(5) of the Road Safety Act 1986, for "or a permit" substitute ", a learner permit or a learner permit variation". -- 17 of 35 -- Part 4—Other amendments to Road Safety Act 1986 Road Legislation Amendment Act 2016 No. 5 of 2016 16 Authorised by the Chief Parliamentary Counsel (2) In section 27(6) of the Road Safety Act 1986, in the definition of relevant person— (a) in paragraph (c), for "licence." substitute "licence; or"; (b) after paragraph (c) insert— "(d) an applicant for the variation of a learner permit.". 26 Power of court to cancel, suspend or vary licences and permits (1) In section 28(1)(b) of the Road Safety Act 1986, for "driver licence, disqualify him or her from obtaining one" substitute "driver licence or learner permit, disqualify that person from obtaining a driver licence or a learner permit". (2) In section 28(3A) of the Road Safety Act 1986, after "driver licence" insert "or a learner permit". (3) In section 28(4) of the Road Safety Act 1986, after "obtaining a driver licence" insert "or a learner permit". 27 Appeal against disqualification, cancellation, suspension or variation by order of Magistrates' Court or Children's Court In section 29(3) of the Road Safety Act 1986, for "section 26AA" substitute "section 46H". 28 Administrative scheme for removal of alcohol interlock condition For section 50AAAB(5) of the Road Safety Act 1986 substitute— "(5) The Corporation may decide to remove an alcohol interlock condition if it is satisfied that the applicant has met the prescribed alcohol interlock usage data requirements. -- 18 of 35 -- Part 4—Other amendments to Road Safety Act 1986 Road Legislation Amendment Act 2016 No. 5 of 2016 17 Authorised by the Chief Parliamentary Counsel (5A) A decision under subsection (5) may be made by the Corporation— (a) on the basis of the report that accompanied, or is referred to in, the application and any matters that appear in records kept by the Corporation; and (b) without conducting any hearing or investigation into the matter.". 29 Duty of owner of motor vehicle to give information about driver In section 60(2) of the Road Safety Act 1986, for "driver licence, disqualify him or her from obtaining one" substitute "driver licence or learner permit, disqualify that person from obtaining a driver licence or learner permit". 30 Duty of driver etc. of motor vehicle if accident occurs In section 61(6) of the Road Safety Act 1986, for "driver licence, disqualify him or her from obtaining one" substitute "driver licence or learner permit, disqualify that person from obtaining a driver licence or learner permit". 31 Powers of persons authorised by Victoria Police In section 84J(g) of the Road Safety Act 1986, after "impounded" insert "or immobilised". 32 Notice to be given of intention to deem motor vehicle abandoned In section 84ZQAC(1) of the Road Safety Act 1986— (a) in paragraph (c), for "vehicle; and" substitute "vehicle."; (b) paragraph (d) is repealed. -- 19 of 35 -- Part 4—Other amendments to Road Safety Act 1986 Road Legislation Amendment Act 2016 No. 5 of 2016 18 Authorised by the Chief Parliamentary Counsel 33 Authorised use or disclosure In section 90K(a) of the Road Safety Act 1986— (a) subparagraph (i)(B) is repealed; (b) for subparagraph (v) substitute— "(v) any legal proceeding— (A) arising out of this Act, the regulations or any other transport legislation; or (B) that otherwise relates to the performance of a road management function within the meaning of the Road Management Act 2004 or to damage to infrastructure within the meaning of that Act resulting from a road accident— including anything done for the purposes of commencing any such proceeding or providing a report of any such proceeding; or". 34 Service of notices At the foot of section 93 of Road Safety Act 1986 insert— "Note The Electronic Transactions (Victoria) Act 2000 applies to notices served under this Act and the regulations to enable a notice to be served electronically, including by facsimile transmission and email in accordance with that Act.". 35 Amendment to Schedule 2 In item 28 of Schedule 2 to the Road Safety Act 1986— (a) for "driver licence or permit" substitute "driver licence or learner permit"; -- 20 of 35 -- Part 4—Other amendments to Road Safety Act 1986 Road Legislation Amendment Act 2016 No. 5 of 2016 19 Authorised by the Chief Parliamentary Counsel (b) for "driver licence variation or permit" substitute "driver licence variation, learner permit or learner permit variation". 36 References to driver licences and learner permits On the coming into operation of an item in Schedule 1, the Road Safety Act 1986 is amended as set out in the item. 37 References to tests and assessments On the coming into operation of an item in Schedule 2, the Road Safety Act 1986 is amended as set out in the item. 38 Statute law revision (1) In section 36(1)(a) of the Road Safety Act 1986, for "drive" substitute "driver". (2) In item 3(e)(i) of Schedule 6 to the Road Safety Act 1986, for "the the" substitute "the". -- 21 of 35 -- Part 5—Repeal of amending Act Road Legislation Amendment Act 2016 No. 5 of 2016 20 Authorised by the Chief Parliamentary Counsel Part 5—Repeal of amending Act 39 Amending Act repealed This Act is repealed on 1 July 2017. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). -- 22 of 35 -- Schedule 1—Amendment of Road Safety Act 1986—references to driver licences and learner permits Road Legislation Amendment Act 2016 No. 5 of 2016 21 Authorised by the Chief Parliamentary Counsel Schedule 1—Amendment of Road Safety Act 1986—references to driver licences and learner permits Section 36 1 In section 18(1)(a) and (b), for "permit" substitute "learner permit". 2 In section 18A(2), for "permit document" substitute "learner permit document". 3 In section 19— (a) in subsection (1), for "such a licence" substitute "a driver licence"; (b) in subsection (2), for "licence" substitute "driver licence"; (c) in subsection (3), for "A licence" substitute "A driver licence"; (d) in subsection (4), for "licence" substitute "driver licence". 4 In section 19A(1) and (2), for "driver licence or permit" substitute "driver licence or learner permit". 5 In section 19B, for "permit" substitute "learner permit". 6 In section 21— (a) in subsection (3)(d), for "licence" substitute "driver licence"; (b) in subsection (6), for "a licence" substitute "a driver licence". -- 23 of 35 -- Schedule 1—Amendment of Road Safety Act 1986—references to driver licences and learner permits Road Legislation Amendment Act 2016 No. 5 of 2016 22 Authorised by the Chief Parliamentary Counsel 7 In section 22— (a) in subsection (1), for "such a permit" substitute "a learner permit"; (b) in subsection (3), for "permit" substitute "learner permit". 8 In section 24— (a) in subsection (1)— (i) in paragraphs (a), (b), (c) and (d), for "permit" substitute "learner permit"; (ii) in paragraph (ba), for "permit" (where twice occurring) substitute "learner permit"; (b) in subsections (1A) and (1B), for "permit" substitute "learner permit"; (c) in subsection (2)— (i) in paragraphs (a), (b), (c) and (d), for "permit" substitute "learner permit"; (ii) in paragraph (ba), for "permit" (where twice occurring) substitute "learner permit"; (d) in subsection (3), for "permit" substitute "learner permit". 9 In section 26(1)(b), for "permit" (where twice occurring) substitute "learner permit". 10 In section 27— (a) in subsection (1)(c), for "permit" substitute "learner permit"; (b) in subsection (6), in paragraphs (a) and (b) of the definition of relevant person, for "permit" substitute "learner permit". -- 24 of 35 -- Schedule 1—Amendment of Road Safety Act 1986—references to driver licences and learner permits Road Legislation Amendment Act 2016 No. 5 of 2016 23 Authorised by the Chief Parliamentary Counsel 11 In section 28— (a) in subsection (1)(a) and (b), for "permits" substitute "learner permits"; (b) in subsection (1A), for "licence or permit" substitute "driver licence or learner permit"; (c) in subsection (1B), for "permit" substitute "learner permit"; (d) in subsection (4), for "any driver licence or permit" (where twice occurring) substitute "any driver licence or learner permit"; (e) in subsection (7)— (i) for "driver licence or permit" substitute "driver licence or learner permit"; (ii) for "whose licence or permit" substitute "whose driver licence or learner permit"; (iii) for "further licence or permit" substitute "further driver licence or learner permit"; (f) in the note at the foot of subsection (7), for "licence or permit" substitute "driver licence or learner permit". 12 In section 28A(1)— (a) for "driver licence or permit" substitute "driver licence or learner permit"; (b) for "whose licence or permit" substitute "whose driver licence or learner permit"; (c) for "further licence or permit" substitute "further driver licence or learner permit". -- 25 of 35 -- Schedule 1—Amendment of Road Safety Act 1986—references to driver licences and learner permits Road Legislation Amendment Act 2016 No. 5 of 2016 24 Authorised by the Chief Parliamentary Counsel 13 In section 28B— (a) in subsection (1)— (i) for "driver licence or permit" substitute "driver licence or learner permit"; (ii) for "a licence or permit" substitute "a driver licence or learner permit"; (b) in subsection (2), for "licence or permit" substitute "driver licence or learner permit". 14 In section 29(1) and (1A)— (a) for "licence or permit" substitute "driver licence or learner permit"; (b) for "whose licence" substitute "whose driver licence". 15 In section 30AA, for "permit" substitute "learner permit". 16 In section 31KA, in the example at the foot of subsection (2), for "A's licence" substitute "A's driver licence". 17 In section 38(3), for "licence" substitute "driver licence". 18 In section 43(2) and (3)(b), for "licence or permit" substitute "driver licence or learner permit". 19 In section 44— (a) in subsection (1), for "driver licence or permit" substitute "driver licence or learner permit"; (b) in subsection (1)(a), for "new licence or permit" substitute "new driver licence or learner permit"; -- 26 of 35 -- Schedule 1—Amendment of Road Safety Act 1986—references to driver licences and learner permits Road Legislation Amendment Act 2016 No. 5 of 2016 25 Authorised by the Chief Parliamentary Counsel (c) in subsection (2)— (i) for "driver licence or permit" substitute "driver licence or learner permit"; (ii) for "new licence or permit" substitute "new driver licence or learner permit". 20 In section 50(1AD), (1B), (1C), (1D), (1DA) and (1E), for "driver licence or permit" (wherever occurring) substitute "driver licence or learner permit". 21 In section 50AAAD(3), for "licence or permit" substitute "driver licence or learner permit". 22 In section 50AAB— (a) in subsection (4), for "permit" substitute "learner permit"; (b) in the example at the foot of subsection (4C), for "licence" (where first occurring) substitute "driver licence". 23 In section 50AAD(1), for "permit" substitute "learner permit". 24 In section 50AAH(2)(c) and (3), for "permit" substitute "learner permit". 25 In section 50AAI(2)(b), (3) and (3A), for "permit" substitute "learner permit". 26 In section 50AAK(1) and (3), for "permit" substitute "learner permit". 27 In section 50A(1), (1A) and (2), for "permit" (wherever occurring) substitute "learner permit". 28 In section 51— (a) in subsections (1) and (1A)— (i) for "driver licence or permit" substitute "driver licence or learner permit"; -- 27 of 35 -- Schedule 1—Amendment of Road Safety Act 1986—references to driver licences and learner permits Road Legislation Amendment Act 2016 No. 5 of 2016 26 Authorised by the Chief Parliamentary Counsel (ii) for "licence document or permit document" substitute "driver licence document or learner permit document"; (b) in subsection (1B)— (i) for "driver licence or permit" substitute "driver licence or learner permit"; (ii) for "licence or permit document" substitute "driver licence document or learner permit document"; (c) in subsections (3), (3A)(a) and (3B)(a), for "permit" substitute "learner permit"; (d) in the note at the foot of subsection (3B), for "permit" substitute "learner permit"; (e) in subsection (3C), for "permit" (wherever occurring) substitute "learner permit"; (f) in subsection (3CA), for "permit" (wherever occurring) substitute "learner permit"; (g) in subsections (7) and (8), for "licence or permit" (wherever occurring) substitute "driver licence or learner permit"; (h) in subsection (9), for "licence or permit" substitute "driver licence or learner permit"; (i) in subsection (12A) and (14), for "permit" substitute "learner permit". 29 In section 52(1)(b)(ii), for "permit" substitute "learner permit". 30 In section 56(3), for "driver licence or permit" (where twice occurring) substitute "driver licence or learner permit". 31 In section 60(2), for "and permits" substitute "and learner permits". -- 28 of 35 -- Schedule 1—Amendment of Road Safety Act 1986—references to driver licences and learner permits Road Legislation Amendment Act 2016 No. 5 of 2016 27 Authorised by the Chief Parliamentary Counsel 32 In section 61(6), for "and permits" substitute "and learner permits". 33 In section 64(2), for "driver licence or permit" (where twice occurring) substitute "driver licence or learner permit". 34 In section 64A(3)(a), (3)(b), (4)(a) and (4)(b), for "driver licence or permit" substitute "driver licence or learner permit". 35 In section 67(5)(j), for "permit" substitute "learner permit". 36 In section 68B(2)(a) and (b), for "driver licence or permit" substitute "driver licence or learner permit". 37 In section 70(1C), for "driver licence or permit" (where twice occurring) substitute "driver licence or learner permit". 38 In section 71, for "licence, permit" (wherever occurring) substitute "driver licence, learner permit". 39 In section 72(1) and (2), for "licence, permit" substitute "driver licence, learner permit". 40 In section 84(7)(d), for "licence" (where first occurring) substitute "driver licence". 41 In section 84BIA(a) and (b), for "driver licence or permit" (wherever occurring) substitute "driver licence or learner permit". 42 In section 84BN(2)— (a) in paragraph (a), for "permit" substitute "learner permit"; (b) in paragraphs (b) and (c), for "permit" (wherever occurring) substitute "learner permit". -- 29 of 35 -- Schedule 1—Amendment of Road Safety Act 1986—references to driver licences and learner permits Road Legislation Amendment Act 2016 No. 5 of 2016 28 Authorised by the Chief Parliamentary Counsel 43 In section 84O(3A)(a) and (b), for "permit" substitute "learner permit". 44 In section 84Z(3D)(a)(i) and (ii), for "permit" substitute "learner permit". 45 In section 84ZA(2A)(a)(i) and (ii) and (7)(a)(i) and (ii), for "permit" substitute "learner permit". 46 In section 84ZW(3)(a) and (b), for "permit" substitute "learner permit". 47 In section 89A(8), for "permit" substitute "learner permit". 48 In section 89B(3)(g), for "permit" substitute "learner permit". 49 In section 89C— (a) in subsection (1), for "permit" substitute "learner permit"; (b) in the note at the foot of subsection (1), for "permit" substitute "learner permit"; (c) in subsection (2), for "such a licence or permit" substitute "a probationary driver licence or learner permit"; (d) in subsection (3A), for "a licence or permit under this Act" substitute "a driver licence or learner permit under this Act"; (e) in subsection (5)— (i) for "whose licence or permit" substitute "whose driver licence or learner permit"; (ii) for "licence or permit document" substitute "driver licence document or learner permit document"; (f) in subsection (8), for "licence or permit document" substitute "driver licence document or learner permit document". -- 30 of 35 -- Schedule 1—Amendment of Road Safety Act 1986—references to driver licences and learner permits Road Legislation Amendment Act 2016 No. 5 of 2016 29 Authorised by the Chief Parliamentary Counsel 50 In section 89D— (a) in subsection (1AA), for "permit" substitute "learner permit"; (b) in subsection (1AB), for "licence or permit" substitute "driver licence or learner permit"; (c) in subsection (1A), for "a licence or permit under this Act" substitute "a driver licence or learner permit under this Act"; (d) in subsection (4)— (i) for "whose licence or permit" substitute "whose driver licence or learner permit"; (ii) for "licence or permit document" substitute "driver licence document or learner permit document"; (e) in subsection (7), for "licence or permit document" substitute "driver licence document or learner permit document"; (f) in the note at the foot of subsection (7), for "licence or permit" substitute "driver licence or learner permit". 51 In section 95(6), for "licences or permits" substitute "driver licences or learner permits". 52 In section 96B(1)(c), for "permit" substitute "learner permit". 53 In section 190(2), for "licence" substitute "driver licence". 54 In item 18 of Schedule 2, for "permit" (where twice occurring) substitute "learner permit". 55 In items 19, 20, 21, 24, 25 and 27 of Schedule 2, for "permit" substitute "learner permit". -- 31 of 35 -- Schedule 1—Amendment of Road Safety Act 1986—references to driver licences and learner permits Road Legislation Amendment Act 2016 No. 5 of 2016 30 Authorised by the Chief Parliamentary Counsel 56 In item 28A of Schedule 2— (a) for "licence or permit documents" substitute "driver licence documents or learner permit documents"; (b) for "the licence or permit" substitute "the driver licence or learner permit". 57 In item 86 of Schedule 2, for "permit" substitute "learner permit". -- 32 of 35 -- Schedule 2—Amendment of Road Safety Act 1986—references to tests and assessments Road Legislation Amendment Act 2016 No. 5 of 2016 31 Authorised by the Chief Parliamentary Counsel Schedule 2—Amendment of Road Safety Act 1986—references to tests and assessments Section 37 1 In section 19(2)(a), for "tests" substitute "tests or assessments". 2 In section 20(3)(a), for "tests" substitute "tests or assessments". 3 In section 21(1)(b), (2)(b), (3)(e) and (6)(b), for "tests" substitute "tests or assessments". 4 In section 22(3)(a), for "tests" substitute "tests or assessments". 5 In section 27— (a) in subsections (1) and (1A), for "test" substitute "test or assessment"; (b) in subsection (2)— (i) in paragraph (a), for "test" (where twice occurring) substitute "test or assessment"; (ii) in paragraphs (b) and (c), for "test" substitute "test or assessment"; (c) in subsection (3), for "test" (wherever occurring) substitute "test or assessment"; (d) in subsection (4), for "test" (where twice occurring) substitute "test or assessment"; (e) in subsection (6), in the definition of relevant guidelines, for "test" (where twice occurring) substitute "test or assessment". 6 In section 50AAAD(6), for "test" substitute "test or assessment". -- 33 of 35 -- Schedule 2—Amendment of Road Safety Act 1986—references to tests and assessments Road Legislation Amendment Act 2016 No. 5 of 2016 32 Authorised by the Chief Parliamentary Counsel 7 In section 96B— (a) in subsection (1), for "testing" substitute "testing or assessing"; (b) in subsection (2)(a) and (b), for "tests" substitute "tests or assessments". 8 In item 26 of Schedule 2, for "Tests" substitute "Tests or assessments". ═══════════════ -- 34 of 35 -- Endnotes Road Legislation Amendment Act 2016 No. 5 of 2016 33 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 21 October 2015 Legislative Council: 26 November 2015 The long title for the Bill for this Act was "A Bill for an Act to amend the Road Safety Act 1986 and other Acts to provide greater flexibility in relation to the certification of analyses conducted in approved laboratories, to make minor amendments to the Road Management Act 2004, to make other amendments to the Road Safety Act 1986 relating to the licensing of drivers and for other purposes." -- 35 of 35 --