Road Legislation Amendment Act 2013
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Road Legislation Amendment Act 2013
No. 74 of 2013
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2—AMENDMENTS RELATING TO DEMERIT POINT
SCHEME 3
Division 1—Amendments to the Road Safety Act 1986 3
3 Sections 25 and 26AA repealed 3
4 New Part 4 inserted 3
PART 4—DEMERIT POINTS 3
Division 1—Interpretation 3
34 Interpretation 3
Division 2—Demerits Register 5
35 Demerits Register 5
Division 3—Holders of Victorian driver licence or learner
permit 5
36 Demerit point option notice 5
37 Further demerit point option notice 7
38 Extended demerit point period 8
39 Person elects to extend demerit point period and incurs
no additional demerit points 9
40 Person elects to extend demerit point period and incurs
additional demerit points 10
41 Person fails to elect to extend demerit point period 11
42 Suspension of driver licence or learner permit under
this Division 14
43 Cancellation of suspension if service ineffective 15
44 Effect of cancellation or suspension under other
provision of this Act 16
45 Cancellation of demerit point option notice 17
46 Effect of cancellation of demerit points on suspension
under section 40 18
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Division 4—Holders of overseas licences and unlicensed
drivers 18
46A Driving disqualification notice 18
46B Period of disqualification 19
46C Cancellation of disqualification if service ineffective 21
46D Effect of cancellation of notified demerit points 22
Division 5—General 22
46E Service of notices 22
46F Cancelled demerit points to be disregarded 23
46G Admissibility of demerit points 23
46H Appeal to Magistrates' Court 23
46I Stay of suspension or disqualification 25
5 Power of court to cancel, suspend or vary licences and permits 26
6 Effect of payment of penalty 26
7 Suspension of licence or permit for excessive speed
infringement or drug-driving infringement 26
Division 2—Consequential amendments to other Acts 26
8 Children, Youth and Families Act 2005 26
9 Infringements Act 2006 27
PART 3—OTHER AMENDMENTS TO ROAD SAFETY
ACT 1986 28
10 What are registration number rights? 28
11 Suspension or cancellation of vehicle tester authorisations 28
12 New Part 2A inserted 29
PART 2A—RECORDS OF PERSONS DRIVING
MOTOR VEHICLES 29
16G Corporation may maintain records of persons driving
motor vehicles 29
13 New section 18A inserted 30
18A Issue of driver licence or learner permit to holder of
licence or permit issued outside Victoria 30
14 New section 21A inserted 31
21A Fee for driver licence 31
15 Cancellation, suspension or variation of licences and permits
by Corporation 31
16 Appeal to Magistrates' Court 32
17 Power of Corporation to require tests to be undergone 32
18 Power of court to cancel, suspend or vary licences and permits 33
19 Immediate suspension of driver licence or permit in certain
circumstances 34
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PART 4—AMENDMENTS TO HEAVY VEHICLE NATIONAL
LAW APPLICATION ACT 2013 35
20 Disallowance of national regulations 35
21 New section 39A inserted 35
39A Definition 35
22 GCM 35
23 GVM 35
24 Registration 35
25 Registration exemption 36
26 Registration number 36
27 Vehicle register 36
28 Unregistered heavy vehicle permit 36
29 Compliance with heavy vehicle standards 36
30 Requirements about vehicle defect notice 37
31 Power to cancel or suspend vehicle registration 37
32 Schedule amended 37
PART 5—STATUTE LAW REVISION AMENDMENTS TO
ROAD SAFETY ACT 1986 39
33 Service of parking infringement notices 39
34 Section 103ZG renumbered as section 103ZH 39
PART 6—REPEAL OF AMENDING ACT 40
35 Repeal of amending Act 40
═══════════════
ENDNOTES 41
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Road Legislation Amendment Act 2013 †
No. 74 of 2013
[Assented to 3 December 2013]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The main purposes of this Act are—
(a) to repeal and replace the provisions of the
Road Safety Act 1986 that relate to the
demerit point scheme—
(i) to restructure those provisions in a form
that is more readable; and
Victoria
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(ii) to provide for procedures for dealing
with multiple sanctions arising from the
rapid accumulation of demerit points;
and
(iii) to extend the application of the demerit
point scheme to drivers who do not
hold a Victorian driver licence or
learner permit; and
(b) to make other amendments to the Road
Safety Act 1986 relating to licensing,
registration and other matters; and
(c) to make miscellaneous amendments to the
Heavy Vehicle National Law Application
Act 2013.
2 Commencement
(1) Part 1 and section 33 of this Act 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 referred to in subsection (2) does
not come into operation before 1 July 2015, it
comes into operation on that day.
__________________
s. 2
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PART 2—AMENDMENTS RELATING TO DEMERIT POINT
SCHEME
Division 1—Amendments to the Road Safety Act 1986
3 Sections 25 and 26AA repealed
Sections 25 and 26AA of the Road Safety Act
1986 are repealed.
4 New Part 4 inserted
After Part 3 of the Road Safety Act 1986
insert—
"PART 4—DEMERIT POINTS
Division 1—Interpretation
34 Interpretation
In this Part—
demerit point option notice means a notice
served by the Corporation on the holder
of a driver licence or learner permit
under section 36(1);
See:
Act No.
127/1986.
Reprint No. 15
as at
20 February
2013
and
amending
Act Nos
19/1991,
34/2011,
75/2012,
76/2012,
22/2013,
30/2013,
43/2013 and
56/2013.
LawToday:
www.
legislation.
vic.gov.au
s. 3
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disqualification notice means a notice
served by the Corporation on the holder
of an overseas licence or an unlicensed
driver under section 46A(1);
extended demerit point period means a
period of 12 months commencing on
the date specified in a demerit point
option notice in relation to which the
person on whom the notice is served
has made an election in accordance
with section 38(1);
holder of an overseas licence means a
person who holds a driver licence or
learner permit issued in an overseas
jurisdiction and who is exempt under
this Act or regulations made under this
Act from holding a Victorian driver
licence or learner permit;
unlicensed driver means a person who—
(a) holds neither a Victorian driver
licence or a learner permit; and
(b) does not hold a licence or permit
issued in another State, Territory
or country that exempts the person
under the regulations from the
requirements of section 18(1)(a);
Victorian driver licence or learner permit
means a driver licence or learner permit
granted to a person under this Act.
s. 4
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Division 2—Demerits Register
35 Demerits Register
(1) The Corporation must keep a Demerits
Register.
(2) In the Demerits Register, the Corporation
must record against any of the following
persons any demerit points that are incurred
by that person—
(a) the holder of a Victorian driver licence
or learner permit;
(b) the holder of an overseas licence;
(c) an unlicensed driver.
(3) The regulations may prescribe the
following—
(a) the circumstances in which demerit
points are incurred and the number of
points incurred in those circumstances;
(b) the determination of the date on which
demerit points are to be recorded as
incurred;
(c) the circumstances in which demerit
points may be cancelled.
Division 3—Holders of Victorian driver licence
or learner permit
36 Demerit point option notice
(1) The Corporation must serve a notice
(a demerit point option notice) on—
(a) the holder of a full driver licence or the
holder of a learner permit or
probationary drive licence who also
holds, or has held, a full driver licence
s. 4
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if he or she incurs 12 or more demerit
points within any 3 year period; and
(b) the holder of a learner permit or
probationary driver licence who does
not hold, and has never held, a full
driver licence if he or she incurs—
(i) 5 or more demerit points within
any 12 month period; or
(ii) 12 or more demerit points within
any 3 year period.
(2) In addition to containing the prescribed
particulars, the notice must—
(a) state that the person may elect to extend
the demerit point period; and
(b) specify the date on which the extended
demerit point period will commence if
the person elects to extend the demerit
point period; and
(c) state that if, within 21 days after the
date of the service of the notice, the
person does not elect to extend the
demerit point period, the Corporation
may suspend the person's driver licence
or learner permit in accordance with
section 41; and
(d) specify the date from which the
suspension under section 41 will take
effect if the person does not elect to
extend the demerit point period.
(3) The Corporation may specify a date as the
date on which an extended demerit point
period commences even if the driver licence
or learner permit is due to expire before that
date.
s. 4
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(4) If the Corporation is aware that—
(a) a person is subject to an extended
demerit point period in relation to
another demerit point option notice; or
(b) a person's driver licence or learner
permit is suspended; or
(c) a person's driver licence or learner
permit is cancelled with a period of
disqualification imposed—
the Corporation may postpone sending the
demerit point option notice to the person
until after the extended demerit point period
or the period of suspension or
disqualification (as the case may be) has
ended.
37 Further demerit point option notice
(1) This section applies if a person on whom a
demerit point option notice (the earlier
notice) has been served incurs further
demerit points—
(a) after the earlier notice is issued; and
(b) before the date specified in the earlier
notice as the date on which the
extended demerit point period
commences.
(2) The Corporation may serve, in accordance
with section 36, a further demerit point
option notice on the person in relation to the
further demerit points.
(3) The date specified in the further demerit
point option notice as the date on which the
extended demerit point period commences
must not be earlier than—
s. 4
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(a) the date on which the extended demerit
point period specified in the earlier
notice is due to expire; or
(b) if the person's driver licence or learner
permit is suspended under section 40
or 41—the date on which the
suspension expires.
38 Extended demerit point period
(1) A person on whom a demerit point option
notice is served may elect to extend the
demerit point period by notifying the
Corporation of that election within 21 days
after service of the notice.
(2) If, during the extended demerit point period,
the driver licence or learner permit of the
person is—
(a) suspended; or
(b) cancelled, with a period of
disqualification imposed—
for a driving offence that does not attract
demerit points (whether the suspension or
cancellation is imposed under this Act or
otherwise), the extended demerit point
period is suspended until the period of
suspension or disqualification has ended.
Example
A person has elected to extend the demerit point
period for the 12 month period commencing on
1 January 2015. If during that period the person's
driver licence is suspended for 6 months, the extended
demerit point period resumes at the end of the
suspension and continues up to and including 30 June
2016 (that is, 12 plus 6 months after the
commencement of the extended demerit point period).
s. 4
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(3) For the purposes of subsection (2), an
extended demerit point period resumes
immediately after the end of a period of
disqualification regardless of when or
whether the person applies for a new licence
following that period.
(4) The expiry of a driver licence or learner
permit while an extended demerit point
period is in force does not affect the
extended demerit point period.
Example
A person's driver licence expires 6 months after a
12 month extended demerit point period has
commenced. The person does not renew the licence
until 2 months after it has expired. On the renewal of
the licence, 4 months of the extended demerit point
period remain.
39 Person elects to extend demerit point
period and incurs no additional demerit
points
(1) This section applies if a person on whom a
demerit point option notice is served—
(a) notifies the Corporation in accordance
with section 38(1) that he or she elects
to extend the demerit point period; and
(b) incurs no additional demerit points in
relation to any offence committed
within the extended demerit point
period.
(2) When calculating demerit points recorded
against the person at any time after the
extended demerit point period, the
Corporation must disregard all the demerit
points recorded against the person as at the
date of issue of the demerit point option
notice.
s. 4
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40 Person elects to extend demerit point
period and incurs additional demerit
points
(1) This section applies if a person on whom a
demerit point option notice is served—
(a) notifies the Corporation in accordance
with section 38(1) that he or she elects
to extend the demerit point period; and
(b) incurs one or more additional demerit
points in relation to any offence
committed within the extended demerit
point period.
(2) If the person holds a full driver licence or
holds a learner permit or probationary driver
licence and also holds, or has held, a full
driver licence, the Corporation must—
(a) suspend the licence or permit for—
(i) 6 months; and
(ii) an additional 2 months for each
4 demerit points in excess of the
12 recorded against the person as
at the date of issue of the demerit
point option notice; and
Example
A person who is issued with a demerit point
option notice for having incurred 17 demerit
points elects to extend the demerit point period.
During the extended demerit point period, the
person incurs a further 3 demerit points.
The Corporation must suspend the person's
driver licence for 8 months. There are
5 demerit points in excess of 12 demerit points,
therefore in addition to 6 months suspension,
the person incurs 2 months suspension for 4 of
those and the remaining one demerit point is
uncounted. The further 3 demerit points
incurred during the extended demerit point
period are not included in the calculation but
s. 4
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they are not to be disregarded at the completion
of the period of suspension and may count
towards subsequent demerit point option
notices.
(b) serve on the person a notice containing
the prescribed particulars and
specifying the date on which the
suspension takes effect.
(3) If the person holds a learner permit or
probationary driver licence and does not
hold, and has never held, a full driver
licence, the Corporation must—
(a) suspend the permit or licence for—
(i) 6 months; and
(ii) an additional 2 months for each
4 demerit points in excess of the
5 recorded against the person as at
the date of issue of the demerit
point option notice; and
(b) serve on the person a notice containing
the prescribed particulars and
specifying the date on which the
suspension takes effect.
(4) When calculating demerit points recorded
against the person at any time after the end
of the period of suspension, the Corporation
must disregard all the demerit points
recorded against the person as at the date of
issue of the demerit point option notice.
41 Person fails to elect to extend demerit
point period
(1) This section applies if a person on whom a
demerit point option notice is served does
not notify the Corporation in accordance
with section 38(1) that he or she elects to
extend the demerit point period.
s. 4
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(2) Subject to subsection (3), the Corporation
must suspend the person's driver licence
(whether or not a probationary driver
licence) or learner permit for the period
calculated in accordance with subsection (4).
(3) If the demerit point option notice is returned
to the Corporation as undelivered to the
person, the Corporation must—
(a) take action under subsection (2); or
(b) decide to serve another demerit point
option notice on the person under
section 36 as soon as practicable after
the person—
(i) next applies for, or renews, the
person's driver licence or learner
permit; or
(ii) next applies to register a motor
vehicle, or renew the registration
of, a motor vehicle for which the
person is the registered operator;
or
(iii) otherwise advises the Corporation
of the person's current address.
(4) For the purposes of subsection (2), the period
for which a person's driver licence or learner
permit must be suspended is as follows—
(a) if the person holds a full driver licence
or holds a learner permit or
probationary driver licence and also
holds, or has held, a full driver
licence—
(i) 3 months; and
s. 4
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(ii) an additional one month for each
4 demerit points in excess of the
12 recorded against the person as
at the date of issue of the demerit
point option notice; or
(b) if the person holds a learner permit or
probationary driver licence and does
not hold, and has never held, a full
driver licence and the demerit point
option notice was issued because the
person incurred 12 or more demerit
points within a 3 year period but not
5 or more within a 12 month period—
(i) 3 months; and
(ii) an additional one month for each
4 demerit points in excess of the
12 recorded against the person as
at the date of issue of the demerit
point option notice; or
(c) if the person holds a learner permit or
probationary driver licence and does
not hold, and has never held, a full
driver licence and the demerit point
option notice was issued because the
person incurred 5 or more demerit
points within a 12 month period—
(i) 3 months; and
(ii) an additional one month for each
4 demerit points in excess of the
5 recorded against the person as at
the date of issue of the demerit
point option notice.
s. 4
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(5) When calculating demerit points recorded
against the person at any time after the end
of the period of suspension, the Corporation
must disregard all the demerit points
recorded against the person as at the date of
issue of the demerit point option notice.
42 Suspension of driver licence or learner
permit under this Division
(1) The suspension of a driver licence or learner
permit under section 40(2) or (3) takes effect
on and from the date determined by the
Corporation and specified in the notice
served under that section.
Note
The determination of the date by the Corporation is
subject to section 44(2).
(2) The suspension of a driver licence or learner
permit under section 41(2) takes effect on
and from the date determined by the
Corporation and specified in—
(a) the demerit point option notice served
under section 36(1); or
(b) if a demerit point option notice is
returned to the Corporation as
undelivered to the person and the
Corporation decides under
section 41(3)(b) to serve another
demerit point option notice on the
person—the later notice.
Note
The determination of the date by the Corporation is
subject to section 44(2).
s. 4
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(3) The Corporation may determine a date as the
date on which a suspension under this
Division takes effect even if the driver
licence or learner permit is due to expire
before that date.
(4) The expiry of a driver licence or learner
permit suspended under this Division does
not affect the period of suspension.
43 Cancellation of suspension if service
ineffective
(1) The service of a demerit point option notice
or a notice under section 40(2)(b) or (3)(b) is
not a condition precedent to a suspension
under this Division taking effect.
(2) Despite subsection (1), if at any time after
the period of 7 days after the date of issue of
the notice the Corporation is satisfied that the
holder of the licence or permit has not been
served with the notice, it must—
(a) cancel the suspension with effect from
the date on which it took effect; and
(b) determine another effective date; and
(c) serve on the person another demerit
point option notice or a notice under
section 40(2)(b) or (3)(b) (as the case
requires) specifying the date
determined under paragraph (b).
(3) Subsection (2) does not apply if—
(a) a person is charged with an offence
against section 30 for driving while a
suspension under this Division is in
effect; and
s. 4
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(b) he or she is found not guilty on the
grounds that he or she was not aware at
the relevant time that his or her licence
or permit had been suspended.
Note
In the circumstances set out in this subsection, it is
still open to a court under section 30A to order that
the person serve an additional period of suspension of
up to the period specified in section 30A(3).
44 Effect of cancellation or suspension under
other provision of this Act
(1) If a driver licence or permit suspended under
this Division is cancelled or suspended by
the Corporation under another provision of
this Act or by a court or by operation of this
Act—
(a) the period from that cancellation or
other suspension taking effect until a
new licence or permit is issued or the
other suspension is completed (as the
case requires) does not count in
calculating the period of suspension
under this Division; and
(b) the suspension under this Division is
stayed during that period.
(2) If the Corporation is required by section 40
or 41 to suspend a driver licence or permit
that has been cancelled or suspended by the
Corporation under another provision of this
Act or by a court or by operation of this Act,
the date determined by the Corporation
under section 42 must not be earlier than the
date on which a new licence or permit is
issued or the other suspension is completed,
as the case requires.
s. 4
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45 Cancellation of demerit point option
notice
(1) This section applies if—
(a) some or all of the demerit points
recorded against a person as at the date
of issue of the demerit point option
notice are cancelled; and
(b) without those demerit points the
conditions specified in section 36(1) for
the issuing of the notice do not exist.
(2) If the person has elected to extend the
demerit point period in response to the
notice—
(a) the extended demerit point period is
cancelled; and
(b) the Corporation must cancel any
suspension of the person's driver
licence or learner permit under
section 40(2) or (3).
(3) If the person has not made an election to
extend the demerit point period in response
to the notice, the Corporation must cancel
any suspension under section 41.
(4) Any demerit points recorded against the
person as at the date of issue of the demerit
point option notice that are not cancelled
may continue to be regarded for the purposes
of this Part.
Note
In certain circumstances, the demerit points that are
not cancelled may contribute to a subsequent demerit
point option notice being issued.
s. 4
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46 Effect of cancellation of demerit points on
suspension under section 40
(1) The Corporation must cancel the suspension
of a person's driver licence or learner permit
under section 40(2) or (3) if all the demerit
points incurred during the extended demerit
point period that gave rise to the suspension
are cancelled.
(2) If the suspension of a person's driver licence
or learner permit is cancelled under
subsection (1), the extended demerit point
period continues as if the suspension had not
occurred.
(3) The Corporation must recalculate and, if
necessary, adjust a period of suspension
imposed on a person under section 40(2)
or (3) if—
(a) any of the demerit points recorded
against the person as at the date of issue
of the demerit point option notice are
cancelled; and
(b) without those points, the conditions
specified in section 36(1) for the
issuing of the notice continue to exist.
Division 4—Holders of overseas licences and
unlicensed drivers
46A Driving disqualification notice
(1) If the holder of an overseas licence or an
unlicensed driver incurs the number of
demerit points specified in subsection (2),
the Corporation must—
(a) serve a notice (a disqualification
notice) containing the prescribed
particulars on the person; and
s. 4
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(b) in accordance with section 46B,
disqualify the person from driving a
motor vehicle in Victoria and from
obtaining a Victorian driver licence or
learner permit.
(2) For the purposes of subsection (1), the
number of demerit points are—
(a) in the case of the holder of an overseas
licence or an unlicensed driver who is
22 years of age or older—12 or more
demerit points within any 3 year period;
and
(b) in the case of the holder of an overseas
licence or an unlicensed driver who is
under 22 years of age—
(i) 5 or more demerit points within
any 12 month period; or
(ii) 12 or more demerit points within
any 3 year period.
46B Period of disqualification
(1) For the purposes of section 46A(1)(b), the
period for which the holder of an overseas
licence or an unlicensed driver must be
disqualified from driving and from obtaining
a driver licence or learner permit is—
(a) if the person is 22 years of age or
older—
(i) 3 months; and
(ii) an additional one month for each
4 demerit points in excess of the
12 recorded against the person as
at the date of issue of the
disqualification notice; or
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(b) if the person is under 22 years of age
and the disqualification notice was
issued because the person incurred
12 or more demerit points within a
3 year period but not 5 or more within a
12 month period—
(i) 3 months; and
(ii) an additional one month for each
4 demerit points in excess of the
12 recorded against the person as
at the date of issue of the
disqualification notice; or
(c) if the person is under 22 years of age
and the disqualification notice was
issued because the person incurred 5 or
more demerit points within a 12 month
period—
(i) 3 months; and
(ii) an additional one month for each
4 demerit points in excess of the
5 recorded against the person as at
the date of issue of the
disqualification notice.
(2) The period of disqualification takes effect
from the date determined by the Corporation
and specified in the disqualification notice.
(3) When calculating demerit points recorded
against the person at any time after the end
of the period of disqualification, the
Corporation must disregard all the demerit
points recorded against the person as at the
date of issue of the disqualification notice.
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46C Cancellation of disqualification if service
ineffective
(1) The service of a disqualification notice is not
a condition precedent to a disqualification
under this Division taking effect.
(2) Despite subsection (1), if at any time after
the period of 7 days after the date of issue of
the notice the Corporation is satisfied that the
holder of the overseas licence or the
unlicensed driver has not been served with
the notice, it must—
(a) cancel the disqualification with effect
from the date on which it took effect;
and
(b) determine another effective date; and
(c) serve on the person another
disqualification notice specifying the
date determined under paragraph (b).
(3) Subsection (2) does not apply if—
(a) a person is charged with an offence
against section 30 for driving during a
period of disqualification from
obtaining a driver licence or learner
permit imposed under this Division;
and
(b) he or she is found not guilty on the
grounds that he or she was not aware at
the relevant time that he or she was
disqualified from obtaining a driver
licence or learner permit.
Note
In the circumstances set out in this subsection, it is
still open to a court under section 30A to order that
the person serve an additional period of
disqualification of up to the period specified in
section 30A(3).
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46D Effect of cancellation of notified demerit
points
(1) This section applies if—
(a) some or all of the demerit points
recorded against a person as at the date
of issue of the disqualification notice
are subsequently cancelled; and
(b) without those demerit points the
conditions specified in section 46A(1)
for the issuing of the notice do not
exist.
(2) The period of disqualification under
section 46B is cancelled.
(3) Any demerit points recorded against the
person as at the date of issue of the
disqualification notice that are not cancelled
may continue to be regarded for the purposes
of this Part.
Note
In certain circumstances, the demerit points that are
not cancelled may contribute to a subsequent
disqualification notice being issued.
Division 5—General
46E Service of notices
A notice under this Part posted to a person at
his or her current address as shown in any
record maintained under this Act is taken to
have been served on that person 7 days after
the date of issue of the notice.
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46F Cancelled demerit points to be
disregarded
When calculating demerit points recorded
against a person, the Corporation must
disregard any demerit points that are
cancelled.
46G Admissibility of demerit points
The fact that demerit points are recorded
against a person is not admissible in
evidence except—
(a) in proceedings on an appeal under
section 46H(1) or (2); or
(b) if it is necessary to give evidence of
that fact in order to establish—
(i) that the person had been sent a
notice advising him or her that he
or she had incurred demerit
points; or
(ii) that the person's driver licence or
learner permit had been suspended
under this Part or that the person
had been disqualified under this
Part from driving and from
obtaining a driver licence or
learner permit; or
(iii) that the person had been served
with a notice advising him or her
of that suspension or
disqualification.
46H Appeal to Magistrates' Court
(1) Subject to subsection (3), the holder of a
driver licence or learner permit may appeal
to the Magistrates' Court against the
suspension of his or her driver licence or
s. 4
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learner permit by the Corporation under
section 40(2)(a) or (3)(a) or 41.
(2) Subject to subsection (3), the holder of an
overseas licence or an unlicensed driver may
appeal to the Magistrates' Court against his
or her disqualification from driving and from
obtaining a driver licence or learner permit
by the Corporation under section 46A(1)(b).
(3) An appeal under subsection (1) or (2)—
(a) must be made in accordance with the
regulations; and
(b) may only be made on either or both of
the following grounds—
(i) that the Corporation recorded
certain demerit points other than
as required by the regulations;
(ii) that an error has been made in the
addition of the number of demerit
points incurred by the appellant in
a relevant period.
Note
In certain circumstances the Corporation is
required to record demerit points against the
responsible person in relation to the motor
vehicle—see section 84BC(4).
(4) If the Magistrates' Court is satisfied that the
suspension or disqualification was required
by the regulations or this Part, the Court
must confirm the suspension or
disqualification.
(5) In allowing an appeal under subsection (1)
or (2), the Court may direct the
Corporation—
(a) to record the demerit points as required
by the regulations; or
s. 4
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(b) to correct the error made in the addition
of the number of demerit points
incurred by the appellant in a relevant
period.
(6) In dismissing an appeal under subsection (1)
or (2), the Magistrates' Court may, if the
suspension or disqualification has been
stayed under section 46I, order that the
suspension or disqualification take effect
from a date specified in the order.
(7) The Corporation must give effect to every
decision of the Magistrates' Court on an
appeal under this section.
46I Stay of suspension or disqualification
(1) The giving of a notice of appeal under
section 46H against a suspension or
disqualification does not stay the suspension
or disqualification.
(2) A person, other than an unlicensed driver,
who appeals under section 46H against a
suspension or disqualification may apply to
the Magistrates' Court for a stay of the
suspension or disqualification until the
appeal is determined.
(3) On an application under subsection (2), the
Magistrates' Court may order that the
suspension or disqualification is stayed
until—
(a) the date on which the appeal is
determined; or
(b) if the appeal is discontinued, the date
on which notice in writing of
discontinuance is given in accordance
with the regulations to both the
Magistrates' Court and the Corporation.
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(4) The Magistrates' Court may only make an
order under subsection (3), if—
(a) the Court is satisfied that the applicant
has a reasonable prospect of success
with the appeal; and
(b) in the 3 years preceding the application
under subsection (2), the applicant has
not had his or her driver licence or
learner permit suspended or cancelled.
(5) The Corporation must give effect to a
decision of the Magistrates' Court on an
application under this section.
__________________".
5 Power of court to cancel, suspend or vary licences
and permits
In the note at the foot of section 28 of the
Road Safety Act 1986, for "section 25
(see section 25(4C) and (4D))" substitute
"Part 4 (see section 44)".
6 Effect of payment of penalty
In section 89(5) of the Road Safety Act 1986, for
"section 25" substitute "Part 4".
7 Suspension of licence or permit for excessive speed
infringement or drug-driving infringement
In the note at the foot of section 89D of the
Road Safety Act 1986, for "section 25
(see section 25(4C) and (4D))" substitute
"Part 4 (see section 44)".
Division 2—Consequential amendments to other Acts
8 Children, Youth and Families Act 2005
In clause 12(3) of Schedule 3 to the Children,
Youth and Families Act 2005, for "section 25"
substitute "Part 4".
s. 5
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9 Infringements Act 2006
In sections 34(a) and 61(3) of the Infringements
Act 2006, for "section 25" substitute "Part 4".
__________________
s. 9
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PART 3—OTHER AMENDMENTS TO ROAD SAFETY
ACT 1986
10 What are registration number rights?
(1) In section 5AD(1) of the Road Safety Act 1986—
(a) in paragraph (a) omit "or, with the consent
of that person, to any other vehicle registered
by the Corporation";
(b) in paragraph (c) for "any" substitute "the".
(2) In section 5AD(2) of the Road Safety Act 1986—
(a) in paragraph (e) for "death; and" substitute
"death.";
(b) paragraph (f) is repealed.
11 Suspension or cancellation of vehicle tester
authorisations
(1) After section 15A(1) of the Road Safety Act
1986 insert—
"(1A) If the authorisation of a person is cancelled
under subsection (1), the Corporation may,
in accordance with the regulations,
disqualify the person from applying for a
further authorisation under regulations made
under item 9 of Schedule 2 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.".
(2) In section 15A(5) of the Road Safety Act 1986,
after "that authorisation" insert "or to disqualify
the holder of the authorisation from applying for a
further authorisation".
(3) In section 15A(8)(a) of the Road Safety Act
1986, for "suspension or cancellation" substitute
"suspension, cancellation or disqualification".
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12 New Part 2A inserted
After Part 2 of the Road Safety Act 1986
insert—
"PART 2A—RECORDS OF PERSONS DRIVING
MOTOR VEHICLES
16G Corporation may maintain records of
persons driving motor vehicles
(1) The Corporation may create and maintain a
record in relation to any person who drives,
or intends to drive, a motor vehicle on a
highway.
(2) The Corporation may create a record in
relation to a person—
(a) when the person first applies for a
driver licence or learner permit under
this Act; or
(b) if the person does not hold a driver
licence or learner permit granted under
this Act—when the person comes to the
attention of the Corporation or Victoria
Police in relation to the use of a motor
vehicle by the person; or
(c) in any other prescribed circumstances.
(3) The information that may be recorded
against a person in the record is as
prescribed.
Note
See also section 35 which requires the Corporation to
record demerit points against persons driving a motor
vehicle on a highway.
__________________".
s. 12
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13 New section 18A inserted
After section 18 of the Road Safety Act 1986
insert—
"18A Issue of driver licence or learner permit to
holder of licence or permit issued outside
Victoria
(1) If a person is granted a driver licence or
learner permit under this Act (a Victorian
licence or permit), any driver licence or
learner permit held by the person issued in
another State or a Territory or an overseas
jurisdiction (a non-Victorian licence or
permit) ceases to authorise the person to
drive a motor vehicle on a highway unless—
(a) the Victorian licence or permit expires;
or
(b) the Corporation agrees to cancel the
Victorian licence or permit at the
request of the person.
Note
Consequently, the person has no authority to drive a
motor vehicle on a highway if, as a result of an
offence committed by the person—
(a) the person's Victorian licence or permit is
suspended; or
(b) the person's Victorian licence or permit is
cancelled (whether or not the person is also
disqualified from obtaining a driver licence or
learner permit).
s. 13
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(2) A person who is requested to produce for
inspection his or her driver licence document
or permit document by anyone referred to in
section 59(1)(a) must not produce a
non-Victorian licence or permit held by the
person that does not authorise the person to
drive a motor vehicle on a highway.
Penalty: 10 penalty units.".
14 New section 21A inserted
After section 21 of the Road Safety Act 1986
insert—
"21A Fee for driver licence
(1) Subject to the regulations, the fees payable
for the grant or renewal of a driver licence
are as follows—
(a) in the case of a 3 year licence—5·59
fee units;
(b) in the case of a 4 year licence—7·45
fee units;
(c) in the case of a 10 year licence—19·15
fee units.
(2) The regulations may provide that a fee other
than the fee specified in subsection (1), or
that no fee, is payable for the grant or
renewal of a driver licence.".
15 Cancellation, suspension or variation of licences and
permits by Corporation
(1) After section 24(1)(b) of the Road Safety Act
1986 insert—
"(ba) disqualify a person whose driver licence or
permit has been cancelled under paragraph
(b) from obtaining a driver licence or permit
for the period determined in accordance with
the regulations;".
s. 14
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(2) After section 24(2)(b) of the Road Safety Act
1986 insert—
"(ba) disqualify a person whose driver licence or
permit has been cancelled under this section
from obtaining a driver licence or permit for
the period determined in accordance with the
regulations;".
16 Appeal to Magistrates' Court
(1) In section 26(1) of the Road Safety Act 1986—
(a) in paragraph (b) after "permit" insert
"or disqualify a person from obtaining a
driver licence or permit";
(b) for "applicant or holder" substitute
"applicant, holder or person".
(2) In section 26(2)(a) and (3) of the Road Safety Act
1986 for "cancellation or variation" substitute
"cancellation, variation or disqualification".
17 Power of Corporation to require tests to be
undergone
(1) After section 27(1) of the Road Safety Act 1986
insert—
"(1A) The Corporation may require a person who is
exempted under the regulations from the
requirement under section 18(1)(a) to hold a
driver licence or learner permit to undergo a
test to determine—
(a) if the person is unfit to drive motor
vehicles or a category of motor
vehicles; or
(b) if it is dangerous for the person to drive
motor vehicles or a category of motor
vehicles.".
s. 16
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(2) In section 27(2) of the Road Safety Act 1986, for
"subsection (1)" substitute "subsections (1)
and (1A)".
(3) In section 27(3) of the Road Safety Act 1986—
(a) for "a relevant person to undergo a test"
substitute "a person to undergo a test under
this section";
(b) in paragraph (b) for "subsection (1)"
substitute "subsections (1) and (1A)".
18 Power of court to cancel, suspend or vary licences
and permits
(1) After section 28(1B) of the Road Safety Act 1986
insert—
"(1C) Unless a category of motor vehicles is
explicitly excluded under subsection (2), an
order under subsection (1)(b) suspending or
cancelling a person's driver licence or learner
permit applies in relation to all categories of
motor vehicle.".
(2) In section 28(2) of the Road Safety Act 1986 for
"may be limited in its application to a category or
categories of motor vehicles" substitute
"may specify a category or categories of motor
vehicles to which the order does not apply".
(3) After section 28(3) of the Road Safety Act 1986
insert—
"(3A) If under subsection (1) a court disqualifies a
person from obtaining a driver licence the
court must specify the period of
disqualification.".
s. 18
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(4) In section 28(7) of the Road Safety Act 1986—
(a) omit "(without affecting the power of the
court to impose a longer period)";
(b) omit "or, if no period is specified, for
3 months".
19 Immediate suspension of driver licence or permit in
certain circumstances
After section 51(3C) of the Road Safety Act 1986
insert—
"(3CA) If—
(a) a person's driver licence or permit is
suspended in accordance with a notice
under subsection (1B); and
(b) after the period of suspension a traffic
infringement notice is issued against
the person in respect of the alleged
offence; and
(c) the person does not give a notice of
objection to the traffic infringement
notice within the 28 day period for
doing so; and
(d) the person's driver licence or permit is
cancelled under section 89C(1)—
the period for which the person is
disqualified under section 89C(1) from
obtaining a driver licence or permit is
reduced by the period of the suspension.".
__________________
s. 19
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PART 4—AMENDMENTS TO HEAVY VEHICLE NATIONAL
LAW APPLICATION ACT 2013
20 Disallowance of national regulations
In section 6(1)(b) of the Heavy Vehicle National
Law Application Act 2013, after "section 15(1)"
insert "or 23(2)(a)(ii)".
21 New section 39A inserted
After section 39 of the Heavy Vehicle National
Law Application Act 2013 insert—
"39A Definition
In this Part—
corresponding registration law means a law
of a participating jurisdiction that
provides for the registration of vehicles
in substantially the same terms as in the
Road Safety Act 1986.".
22 GCM
In section 41 of the Heavy Vehicle National Law
Application Act 2013, after "Road Safety Act
1986" insert "or another corresponding
registration law".
23 GVM
In section 42 of the Heavy Vehicle National Law
Application Act 2013, after "Road Safety Act
1986" insert "or another corresponding
registration law".
24 Registration
In section 43 of the Heavy Vehicle National Law
Application Act 2013, after "Road Safety Act
1986" (wherever occurring) insert "or under
another corresponding registration law".
See:
Act No.
30/2013.
Statute Book:
www.
legislation.
vic.gov.au
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25 Registration exemption
In section 44 of the Heavy Vehicle National Law
Application Act 2013, after "Road Safety Act
1986" insert "or under another corresponding
registration law".
26 Registration number
In section 45 of the Heavy Vehicle National Law
Application Act 2013, after "Road Safety Act
1986" insert "or under another corresponding
registration law".
27 Vehicle register
In section 46 of the Heavy Vehicle National Law
Application Act 2013, after "Road Safety Act
1986" insert "or under another corresponding
registration law".
28 Unregistered heavy vehicle permit
In section 47 of the Heavy Vehicle National Law
Application Act 2013, after "under that Act"
insert "or by an authority under a corresponding
registration law".
29 Compliance with heavy vehicle standards
In section 48 of the Heavy Vehicle National Law
Application Act 2013—
(a) after "Road Safety Act 1986" (where first
occurring) insert "or to an authority when
the vehicle was registered under a
corresponding registration law";
(b) after "Roads Corporation" (where secondly
occurring) insert "or an authority under a
corresponding registration law";
(c) after "Road Safety Act 1986" (where
secondly occurring) insert "or under the
corresponding registration law";
s. 25
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(d) after "Road Safety Act 1986" (where thirdly
occurring) insert ", or by an authority under
a corresponding registration law,".
30 Requirements about vehicle defect notice
In section 51 of the Heavy Vehicle National Law
Application Act 2013, after "Roads Corporation"
insert "or by an authority under a corresponding
registration law".
31 Power to cancel or suspend vehicle registration
In section 52 of the Heavy Vehicle National Law
Application Act 2013, after "Roads Corporation"
insert "or an authority under a corresponding
registration law (as the case requires)".
32 Schedule amended
(1) For item 11.5 of Part 2 of the Schedule to the
Heavy Vehicle National Law Application Act
2013 substitute—
'11.5 In section 61(1B)—
(a) in paragraph (b), after "a motor vehicle"
insert "other than a heavy vehicle";
(b) after paragraph (b) insert—
"(ba) in the case of an offence alleged
against the registered owner of a
heavy vehicle—the address
appearing as the address of the
registered operator in the
certificate of registration of the
heavy vehicle for the time being in
force under the Heavy Vehicle
National Law (Victoria) or under
any law of a place outside Victoria
which contains provisions
corresponding to that Law for
registration of a heavy vehicle;
and".'.
s. 30
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(2) In item 14.2 of Part 2 of the Schedule to the
Heavy Vehicle National Law Application Act
2013, in proposed section 42B(1)(a) of the Motor
Car Traders Act 1986, for "car" (wherever
occurring) substitute "heavy vehicle".
__________________
s. 32
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PART 5—STATUTE LAW REVISION AMENDMENTS TO
ROAD SAFETY ACT 1986
33 Service of parking infringement notices
In section 87(1AF) of the Road Safety Act 1986
after "Department" insert "of Transport, Planning
and Local Infrastructure".
34 Section 103ZG renumbered as section 103ZH
In section 103ZG of the Road Safety Act 1986
(where secondly occurring) for "103ZG"
substitute "103ZH".
__________________
s. 33
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PART 6—REPEAL OF AMENDING ACT
35 Repeal of amending Act
This Act is repealed on 1 January 2016.
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).
═══════════════
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 16 October 2013
Legislative Council: 31 October 2013
The long title for the Bill for this Act was "A Bill for an Act to amend the
Road Safety Act 1986 in relation to the demerit point scheme, licensing
and registration and other matters, to amend the Heavy Vehicle National
Law Application Act 2013 in relation to miscellaneous matters and for
other purposes."
Endnotes
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