Road Safety Amendment Act 2012
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Road Safety Amendment Act 2012
No. 50 of 2012
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2—AMENDMENT OF ROAD SAFETY ACT 1986 3
3 Definitions 3
4 New section 16BA inserted 4
16BA Statutory write-offs 4
5 New Part 6AB inserted 6
PART 6AB—SAFE DRIVING PROGRAMS 6
Division 1—Preliminary 6
84BJ Definitions 6
84BK Part does not affect other penalty 8
Division 2—Requirement to complete approved safe
driving program 8
84BL Court order for completion of approved safe driving
program 8
84BM Corporation to notify person of program and period
for completion 10
84BN Failure to complete approved safe driving program 10
Division 3—Approval of safe driving programs and
providers of safe driving programs 12
84BO Corporation may approve safe driving programs 12
84BP Corporation may approve providers of safe driving
programs 12
84BQ Conditions etc. on approval of providers 13
84BR Cancellation or suspension of approval of provider 13
84BS Review by Tribunal 14
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Division 4—Fee relating to approved safe driving program 14
84BT Payment of fee 14
84BU Approved provider to send fees to Corporation 15
84BV Corporation may determine fee 16
6 Definitions 16
7 Powers of Victoria Police 17
8 Surrender of motor vehicle 17
9 Power of persons authorised by Victoria Police 18
10 Content of notice 19
11 Offences 19
12 New sections 84PA and 84PB inserted 20
84PA Authorisation to move motor vehicle 20
84PB Relocation of immobilised motor vehicle by Victoria
Police 20
13 How motor vehicle immobilised by steering wheel lock may
be recovered 22
14 Sections 84S and 84T amended 23
15 Direction not to transfer registration or register motor vehicle 23
16 New section 84ZC substituted 23
84ZC Powers of police and authorised officers to enforce
orders 23
17 Liability for costs of impoundment or immobilisation 24
18 Application for search and seizure warrant 25
19 Notice to be given of intention to sell or dispose 26
20 New sections 84ZQAB, 84ZQAC and 84ZQAD inserted 26
84ZQAB Sale or disposal of motor vehicles and items
deemed to be abandoned 26
84ZQAC Notice to be given of intention to deem motor
vehicle abandoned 29
84ZQAD Application for order that motor vehicle is not
abandoned 31
21 Amendment of sections 84ZQB and 84ZQC 33
22 New section 84ZQD inserted 33
84ZQD Application of proceeds of sale 33
23 Notice to be given of intention to sell or dispose 34
24 New section 84ZRB inserted 34
84ZRB Application to register financing statement after
giving notice of intention to sell motor vehicle
subject to forfeiture order 34
25 Application of proceeds of sale 34
26 Notice to be given of intention to apply for disposal order 35
27 New section 103ZE inserted 35
103ZE Transitional provision—Road Safety Amendment
Act 2012 35
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28 New Schedule 6 inserted 36
SCHEDULE 6—Criteria for Classification of Statutory
Write-Off—Light Motor Vehicles 36
1 Definitions 36
2 Application of Technical Guide 36
3 Prescribed structural areas 37
4 Statutory write-off 37
5 Excessive structural damage 38
6 Damage to the roof 39
7 Damage to the pillars 39
8 Damage to the floor pan 40
9 Damage to the firewall 40
10 Damage to the longitudinal structural rails or chassis 41
11 Damage to the suspension 41
12 Damage to mechanical components 42
13 Deployment or activation of supplementary restraints 42
14 Excessive fire damage 43
15 Excessive water damage 43
16 Excessive vehicle stripping damage 43
PART 3—STATUTE LAW REVISION 45
Division 1—Road Safety Act 1986 45
29 Substitution of references to Department of Infrastructure 45
Division 2—Road Management Act 2004 46
30 Infrastructure Reference Panel 46
31 Specified Roads 46
PART 4—REPEAL OF AMENDING ACT 47
32 Repeal of amending Act 47
═══════════════
ENDNOTES 48
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Road Safety Amendment Act 2012 †
No. 50 of 2012
[Assented to 4 September 2012]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The purposes of this Act are—
(a) to amend the Road Safety Act 1986—
(i) to allow a court to order a person found
guilty of certain driving offences to
complete a safe driving program that
has been approved by the Corporation
and that is provided by an approved
provider;
Victoria
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Part 1—Preliminary
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Authorised by the Chief Parliamentary Counsel
(ii) to provide further powers for the
relocation or sale of vehicles that have
been impounded or immobilised and to
make other amendments to Part 6A of
that Act;
(iii) to amend the definition of statutory
write-off as it applies to light motor
vehicles (other than motor cycles) to
align that definition with criteria
developed nationally;
(b) to make statute law revision amendments to
the Road Safety Act 1986 and the Road
Management Act 2004.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 April 2013, it comes into
operation on that day.
__________________
s. 2
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PART 2—AMENDMENT OF ROAD SAFETY ACT 1986
3 Definitions
In section 16B of the Road Safety Act 1986—
(a) for the definition of repairable write-off
substitute—
"repairable write-off means a motor vehicle
that—
(a) is written off but is not a statutory
write-off; or
(b) is written off and is entered on an
interstate written-off vehicles
register in a corresponding
category to repairable write-off
under this Division;";
(b) for the definition of statutory write-off
substitute—
"statutory write-off means a motor vehicle to
which section 16BA applies;";
(c) insert the following definitions—
"ATM means aggregate trailer mass;
GTMR means gross trailer mass rating;
light motor vehicle means a motor vehicle
with an MRC not exceeding 4·5 tonnes
but does not include a motor cycle;
MRC (mass rating for charging) in relation
to a light motor vehicle, means—
(a) the maximum mass of the vehicle,
including any load, recorded on
the compliance plate as the GVM,
GTMR or ATM of the vehicle; or
(b) if the vehicle has no compliance
plate—its operating mass;".
s. 3
See:
Act No.
127/1986.
Reprint No. 13
as at
1 July 2011
and
amending
Act Nos
19/1991,
93/2009,
63/2010,
74/2010,
32/2011,
34/2011,
38/2011,
43/2011,
47/2011,
61/2011,
65/2011 and
77/2011.
LawToday:
www.
legislation.
vic.gov.au
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4 New section 16BA inserted
After section 16B of the Road Safety Act 1986
insert—
"16BA Statutory write-offs
(1) A light motor vehicle is a statutory write-off
if the light motor vehicle meets one or more
of the criteria specified in clause 4 of
Schedule 6.
(2) A motor vehicle (other than a light motor
vehicle or a motor cycle) is a statutory write-
off if the motor vehicle is written off and—
(a) has been damaged by at least 3 of the
following impact damage indicators—
(i) damage to an area of the roof
equal to or exceeding
300 millimetres by
300 millimetres; or
(ii) damage to an area of the cabin
floor equal to or exceeding
300 millimetres by
300 millimetres; or
(iii) damage to an area of the firewall
equal to or exceeding
300 millimetres by
300 millimetres; or
(iv) damage to the suspension; or
(v) damage (cracked or broken) to
major mechanical components
such as the engine block and
transmission casings; or
s. 4
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(b) has been—
(i) immersed in salt water above the
doorsill level for any period; or
(ii) immersed in fresh water up to the
dashboard or steering wheel for
more than 48 hours.
(3) A motor cycle is a statutory write-off if the
motor cycle is written off and—
(a) has impact damage (excluding
scratching) to the suspension and at
least 2 areas of structural frame
damage; or
(b) has been—
(i) fully immersed in salt water for
any period; or
(ii) fully immersed in fresh water for
more than 48 hours.
(4) A motor vehicle (other than a light motor
vehicle) is a statutory write-off if the motor
vehicle is written off and—
(a) has been burnt to such an extent that it
is only fit for wrecking or scrap; or
(b) has been stripped of all, or a
combination of most, interior and
exterior body parts, panels and
components.
(5) A motor vehicle is a statutory write-off if the
motor vehicle is written off and is entered on
an interstate written-off vehicles register in a
corresponding category to statutory write-off
under this Division.".
s. 4
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5 New Part 6AB inserted
After Part 6AA of the Road Safety Act 1986
insert—
"PART 6AB—SAFE DRIVING PROGRAMS
Division 1—Preliminary
84BJ Definitions
(1) In this Part—
applicable offence means—
(a) an offence against section 64(1)—
(i) in circumstances involving
improper use of a motor
vehicle; or
(ii) in circumstances where a
motor vehicle is driven at
45 kilometres per hour or
more over the applicable
speed limit; or
(iii) in circumstances where a
motor vehicle is driven, if
the applicable speed limit is
110 kilometres per hour, at a
speed of 145 kilometres per
hour or more;
(b) an offence against section 65(1) in
circumstances involving improper
use of a motor vehicle;
(c) an offence against section 65A(1);
(d) an offence against section 68(1)
or (2);
s. 5
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(e) an offence against section 65B or
rule 20 of the Road Rules in
circumstances where the motor
vehicle is driven—
(i) at 45 kilometres per hour or
more over the applicable
speed limit; or
(ii) if the applicable speed limit
is 110 kilometres per hour, at
a speed of 145 kilometres per
hour or more;
(f) an offence against rule 291 of the
Road Rules in circumstances
involving improper use of a motor
vehicle;
(g) an offence against rule 297 of the
Road Rules in circumstances
involving improper use of a motor
vehicle;
approved provider means a person or body
approved under section 84BP;
approved safe driving program means a
program approved under section 84BO;
court, in relation to an applicable offence,
means—
(a) the court hearing and determining
the charge for the applicable
offence; or
(b) if an application for an exemption
under section 84BL(3) is made on
a day after the determination of
the charge for the applicable
offence—the court hearing the
application;
s. 5
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improper use of a motor vehicle, in relation
to an applicable offence, means the
driving of a motor vehicle in a manner
that intentionally causes the motor
vehicle to undergo loss of traction by
one or more of its wheels;
Road Rules means the Road Safety Road
Rules 2009.
(2) For the purposes of this Part, more than one
applicable offence arising out of the same set
of circumstances are to be treated as a single
applicable offence.
(3) For the purposes of subsection (2), the same
set of circumstances is constituted by one
continuous period during which a person
continues to drive or be in charge of a motor
vehicle.
84BK Part does not affect other penalty
An order under this Part for completion of an
approved safe driving program is in addition
to, and does not limit or otherwise affect, any
other penalty that may be imposed in respect
of an applicable offence.
Division 2—Requirement to complete
approved safe driving program
84BL Court order for completion of approved
safe driving program
(1) Subject to subsections (2) and (3), the court
must order that a person complete an
approved safe driving program if—
(a) the person is found guilty of an
applicable offence; and
s. 5
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(b) in relation to the offence—
(i) a motor vehicle has been
impounded or immobilised by a
member of the police force under
Division 2 of Part 6A; or
(ii) a motor vehicle has been
impounded, immobilised or
forfeited under a court order made
under Division 3 of Part 6A.
(2) The court must not order that a person
complete an approved safe driving program
if the person provides to the court written
evidence of having already completed an
approved safe driving program provided by
an approved provider.
(3) In exceptional circumstances, the court may
exempt a person from completing an
approved safe driving program.
(4) A person may apply to the court for an
exemption under subsection (3)—
(a) at the hearing of the charge for the
applicable offence; or
(b) at any time after the court has made an
order under subsection (1).
(5) The court must notify the Corporation of—
(a) the making of an order under
subsection (1); or
(b) the granting of an exemption under
subsection (3).
s. 5
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84BM Corporation to notify person of program
and period for completion
If the court orders a person to complete an
approved safe driving program under section
84BL(1), the Corporation must give notice to
the person of—
(a) the approved safe driving program that
the person is required to complete; and
(b) the date (being not less than 1 month
after the date of the notice) by which
the person must—
(i) complete the program; and
(ii) provide to the Corporation written
evidence of having completed the
program.
84BN Failure to complete approved safe driving
program
(1) If, by the date specified in a notice given by
the Corporation under section 84BM—
(a) the person to whom the notice is given
has failed to provide to the Corporation
written evidence that he or she has
completed the approved safe driving
program specified in the notice; and
(b) the court has not notified the
Corporation of the granting of an
exemption under section 84BL(3)—
the Corporation must take the appropriate
action under subsection (2).
s. 5
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(2) The Corporation must—
(a) suspend any driver licence or permit
held by the person; or
(b) if the driver licence or permit is already
suspended—further suspend the driver
licence or permit from the date of
expiry of the existing suspension; or
(c) if the person does not hold a driver
licence or permit—disqualify the
person from driving a motor vehicle on
a road in Victoria and disqualify the
person from obtaining a driver licence
or permit.
(3) A suspension, further suspension or
disqualification under subsection (2) remains
in effect until the Corporation is satisfied
that—
(a) the person has completed the approved
safe driving program specified in the
notice; or
(b) the person has been exempted by the
court from completing the approved
safe driving program.
(4) If—
(a) the Corporation has accepted written
evidence of a person having completed
an approved safe driving program; and
(b) the Corporation becomes aware that the
evidence is invalid, false or issued in
error—
the Corporation must take the appropriate
action under subsection (2).
s. 5
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Division 3—Approval of safe driving programs
and providers of safe driving programs
84BO Corporation may approve safe driving
programs
(1) The Corporation may approve, in writing,
safe driving programs to be provided by
approved providers to persons, or a specified
class of persons, who are the subject of a
court order under section 84BL(1).
(2) The Corporation may, in writing—
(a) cancel or suspend the approval of a safe
driving program; or
(b) vary the class of persons to whom an
approved safe driving program is to be
provided.
(3) The Corporation must not take action under
subsection (2) unless it has allowed each
approved provider that is approved to
provide the approved safe driving program at
least 10 working days to make written
representations about the proposed action.
84BP Corporation may approve providers of
safe driving programs
(1) The Corporation may approve, in writing, a
person or body to be a provider of safe
driving programs for the purposes of this
Part.
(2) The Corporation may determine the process
for approving providers and the requirements
an applicant must meet to be considered for
approval.
(3) An approval under subsection (1) must be in
writing and state which approved safe
driving programs the person or body is
approved to provide.
s. 5
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84BQ Conditions etc. on approval of providers
(1) An approval under section 84BP may be
given subject to any specified condition,
limitation or restriction that the Corporation
considers appropriate.
(2) At any time, the Corporation may, by giving
written notice to the person or body
concerned—
(a) vary or revoke a condition, limitation or
restriction to which the approval is
subject; or
(b) make the approval subject to a new
condition, limitation or restriction.
(3) The Corporation must not take action under
subsection (2) unless it has allowed the
person or body at least 10 working days to
make written representations about the
proposed action.
84BR Cancellation or suspension of approval of
provider
(1) The Corporation may, by giving written
notice to an approved provider, cancel or
suspend the provider's approval under
section 84BP if the Corporation is satisfied
that the provider—
(a) has failed to comply with any
condition, limitation or restriction to
which the approval is subject; or
(b) has failed to provide a safe driving
program to the satisfaction of the
Corporation.
s. 5
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(2) The Corporation must not take action under
subsection (1) unless it has allowed the
approved provider at least 10 working days
to make written representations about the
proposed action.
84BS Review by Tribunal
(1) A person or body whose interests are
affected by a decision of the Corporation
under section 84BR to cancel or suspend an
approval may apply for review of the
decision to VCAT.
(2) An application for review must be made
within 28 days after the later of—
(a) the day on which the decision is made;
or
(b) if the person or body requests a
statement of reasons for the decision
under section 45 of the Victorian Civil
and Administrative Tribunal Act
1998, the day on which—
(i) the statement is given to the
person or body; or
(ii) the person or body is informed
under section 46(5) of that Act
that the statement will not be
given.
Division 4—Fee relating to approved safe
driving program
84BT Payment of fee
(1) A person participating in an approved safe
driving program must pay to the approved
provider who is providing the program the
fee determined by the Corporation under
section 84BV(1).
s. 5
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(2) The fee payable under subsection (1) is in
addition to any commercial charge set by the
approved provider for participation in the
approved safe driving program.
(3) The approved provider must refund the fee to
the person if the approved provider—
(a) fails to provide the approved safe
driving program at the time agreed with
the person; and
(b) either—
(i) is unable to reach agreement with
the person as to an alternative time
at which to provide the program;
or
(ii) fails to provide the approved safe
driving program at an alternative
time agreed with the person.
84BU Approved provider to send fees to
Corporation
(1) An approved provider must send to the
Corporation the fees paid to the approved
provider under section 84BT(1) in the
manner and within the time determined by
the Corporation.
(2) The fees sent to the Corporation under
subsection (1) must be accompanied by the
information required by the Corporation
relating to the approved safe driving
programs to which the fees relate.
(3) The information required by the Corporation
under subsection (2) may include the names
of the participants of the approved safe
driving programs.
s. 5
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84BV Corporation may determine fee
(1) The Corporation may determine from time to
time the fee to be imposed on persons for
participating in an approved safe driving
program conducted by an approved provider.
(2) A determination under subsection (1) must
be made by notice published in the
Government Gazette.
(3) In determining the amount of the fee, the
Corporation must ensure that the total fees
collected do not exceed the costs of the
implementation and administration of the
safe driving program scheme established
under this Part.
__________________".
6 Definitions
In section 84C(1) of the Road Safety Act 1986—
(a) in the definition of designated costs after
"immobilisation order" insert "and any
additional costs incurred if the motor vehicle
is relocated by a member of the police force
or an authorised person under
section 84PB(1)(b) or (3)";
(b) for the definition of authorised person
substitute—
"authorised person means, in relation to a
function or power under this Part, a
person authorised by a member of the
police force under section 84J to
perform that function or exercise that
power;";
s. 6
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(c) for the definition of senior police officer
substitute—
"senior police officer means a member of
the police force—
(a) of or above the rank of Inspector;
or
(b) in the position of Officer in
Charge, Vehicle Impoundment
Unit;".
7 Powers of Victoria Police
(1) In section 84F(1)(b) of the Road Safety Act 1986
for "period; and" substitute "period.".
(2) Section 84F(1)(c) of the Road Safety Act 1986 is
repealed.
8 Surrender of motor vehicle
(1) In section 84H(1) of the Road Safety Act 1986
omit ", more than 48 hours after the commission
of a relevant offence,".
(2) In section 84H(2)(a)(i) of the Road Safety Act
1986 for "28 days" substitute "42 days".
(3) After section 84H(2)(a)(i) of the Road Safety Act
1986 insert—
"(ia) if the relevant offence is—
(A) an offence under section 49(1)(b), (bb),
(g) or (i) in relation to which the
offender was required give a sample of
blood under section 55(9A), 55B(1)(a),
55E(13) or 56(2); or
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(B) an offence under section 49(1)(bb)
or (h) in relation to which the offender
was required to give a sample of oral
fluid under section 55E(2) or (3)—
at any time after the charge-sheet is filed but
not later than 3 months after the commission
of the relevant offence; or".
(4) In section 84H(2)(b) of the Road Safety Act 1986
after "vehicle" insert "unless an earlier time is
consented to by the registered operator of the
motor vehicle and that consent is endorsed in
writing on the notice".
(5) In section 84H(3)(a)(i) of the Road Safety Act
1986 for "28 days" substitute "42 days".
(6) After section 84H(3)(a)(i) of the Road Safety Act
1986 insert—
"(ia) if subsection (2)(a)(ia) applies, within the
preceding 3 months; or".
(7) In section 84H(3)(d) and (4) of the Road Safety
Act 1986 after "personnel" insert "or an
authorised person".
9 Power of persons authorised by Victoria Police
(1) In section 84J of the Road Safety Act 1986 for
"In exercising powers under this Part a member of
the police force may authorise any person to assist
him or her to" substitute "A person authorised by
a member of the police force to do so may".
(2) For section 84J(f) of the Road Safety Act 1986
substitute—
"(f) assist a member of the police force to seize
or impound a motor vehicle under this
Division;
(g) release an impounded motor vehicle at a time
directed by a member of the police force;
s. 9
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(h) take possession of a motor vehicle
surrendered in accordance with a notice
under section 84H or an order under
section 84S or 84T;
(i) drive or move a motor vehicle referred to in
paragraph (h) as directed by a member of the
police force;
(j) for the purposes of section 84PB or 84ZC,
exercise the same powers to search for and
seize a motor vehicle and other powers as are
specified in sections 84G(1), (3)(b) and
(3)(d) and 84I;
(k) relocate a vehicle seized under section 84PB;
(l) take possession of the keys to a motor
vehicle as directed by a member of the police
force under section 84G(3)(c).".
10 Content of notice
For section 84L(f)(v) of the Road Safety Act
1986 substitute—
"(v) if the motor vehicle has been immobilised by
use of a steering wheel lock—the name of
the unit within the police force of Victoria
that arranges for the release of keys for
steering wheel locks and the address and
telephone number of that unit; and".
11 Offences
(1) For section 84P(2)(ab) of the Road Safety Act
1986 substitute—
"(ab) if the motor vehicle is immobilised by use of
a steering wheel lock and the person who
moved the vehicle or arranged for it to be
moved has done so in accordance with an
authorisation given under section 84PA; or".
s. 10
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(2) In section 84P(3) of the Road Safety Act 1986 for
"the police force" substitute "police personnel".
12 New sections 84PA and 84PB inserted
After section 84P of the Road Safety Act 1986
insert—
"84PA Authorisation to move motor vehicle
(1) On the written application of a person, the
Chief Commissioner of Police may authorise
the person to move a motor vehicle that has
been immobilised under this Part by use of a
steering wheel lock or to arrange for the
motor vehicle to be moved.
(2) An authorisation under subsection (1) must
specify the location to which the motor
vehicle may be moved and state that the
motor vehicle must be moved within 14 days
after the date of the authorisation.
(3) A person who is authorised under subsection
(1) to move a motor vehicle, or to arrange for
the motor vehicle to be moved, must do so at
his or her own cost.
84PB Relocation of immobilised motor vehicle
by Victoria Police
(1) A member of the police force or an
authorised person may enter and move an
immobilised motor vehicle to another
location and immobilise the motor vehicle at
the new location if—
(a) the motor vehicle has been left in a
location where—
(i) it is detracting from public
amenity; or
(ii) it is posing a safety risk; or
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(iii) it is interfering with traffic flow;
or
(b) since being immobilised, the motor
vehicle has been moved by a person
other than a member of the police force
or an authorised person without the
authorisation of the Chief
Commissioner of Police.
(2) As soon as practicable after a motor vehicle
has been moved under subsection (1), the
member of the police force or authorised
person who moved the motor vehicle must
notify the registered operator in writing of
the location to which it has been moved.
(3) A member of the police force or an
authorised person may enter and move an
immobilised motor vehicle, or arrange for
the motor vehicle to be moved, to another
location for the purpose of the sale or
disposal of the motor vehicle under
section 84ZQAB.
(4) For the purpose of entering and moving a
motor vehicle under this section—
(a) a member of the police force has, and
may exercise, the same powers to
search for and seize the motor vehicle
and other powers as are specified under
sections 84G(1) and (3), 84GA, 84GB
and 84I; and
(b) an authorised person has, and may
exercise, the same powers to search for
and seize the motor vehicle and other
powers as are specified under
sections 84G(1), (3)(b) and (3)(d)
and 84I.
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(5) For the purposes of subsection (4), the
exercise of a power that is the same as a
power under section 84G(1) is not subject to
the time limits applied by section 84G(2).".
13 How motor vehicle immobilised by steering wheel
lock may be recovered
(1) In section 84QA(2) of the Road Safety Act
1986—
(a) for "The member of the police force who
served the notice under 84K" substitute
"The Chief Commissioner of Police";
(b) for "at the police station specified in
accordance with section 84L(f)(v)"
substitute "at the address of the unit of the
police force referred to in section 84L(f)(v)".
(2) After section 84QA(2) of the Road Safety Act
1986 insert—
"(2A) A member of the unit of the police force
referred to in section 84L(f)(v) may, by
arrangement with the person to whom the
key is to be made available, post the key to
the person if the member is satisfied that it is
impracticable for the person to collect the
key.
(2B) A member of the unit of the police force
referred to in section 84L(f)(v) must provide
to the person who collects a key to a steering
wheel lock, or to whom the key is posted,
written instructions stating—
(a) the location, or choice of locations, to
which the key and the steering wheel
lock must be returned; and
(b) the period, being a period of not less
than 24 hours after the key is collected
by the person or the key is delivered by
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post to the person, within which the key
and the steering wheel lock must be
returned.".
(3) For section 84QA(3) of the Road Safety Act
1986 substitute—
"(3) A person who collects a key to a steering
wheel lock, or to whom a key to a steering
wheel lock is delivered, must return the key
and the steering wheel lock to the location,
or one of the locations, and within the period
specified in the instructions provided under
subsection (2B).
Penalty: 60 penalty units.".
14 Sections 84S and 84T amended
In sections 84S(3) and 84T(3) of the Road Safety
Act 1986 after "personnel" insert "or an
authorised person".
15 Direction not to transfer registration or register
motor vehicle
After section 84YA(3)(f) of the Road Safety Act
1986 insert—
"(fa) the motor vehicle vests in the Crown under
section 84ZQ(4), 84ZQAB(3) or 84ZW(5);".
16 New section 84ZC substituted
For section 84ZC of the Road Safety Act 1986
substitute—
"84ZC Powers of police and authorised officers to
enforce orders
(1) When acting under an impoundment or
immobilisation order or a forfeiture order
made under this Division—
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(a) a member of the police force has, and
may exercise, the same powers to
search for and seize the motor vehicle
and other powers as are specified under
sections 84G(1) and (3), 84GA, 84GB
and 84I; and
(b) an authorised person has, and may
exercise, the same powers to search for
and seize the motor vehicle and other
powers as are specified under sections
84G(1), (3)(b) and (3)(d) and 84I.
(2) For the purposes of subsection (1), the
exercise of a power that is the same as a
power under section 84G(1) is not subject to
the time limits applied by section 84G(2).".
17 Liability for costs of impoundment or
immobilisation
At the end of section 84ZD of the Road Safety
Act 1986 insert—
"(2) Despite subsection (1), a motor vehicle may
be released from immobilisation without the
payment of the designated costs if the Chief
Commissioner of Police has accepted a
signed undertaking given by the registered
operator of the motor vehicle in accordance
with subsection (3).
(3) For the purposes of subsection (2), the
undertaking must provide that, in return for
the release of the motor vehicle without
payment of the designated costs, the
registered operator undertakes by the date
specified by the Chief Commissioner of
Police—
(a) to remove the registration plates of the
motor vehicle and return them to the
Corporation; and
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(b) to have the motor vehicle destroyed by
a recycler approved by the Chief
Commissioner; and
(c) to give to the Chief Commissioner a
certificate issued by the recycler
confirming the destruction of the motor
vehicle.
(4) If the registered operator complies with the
undertaking, the Chief Commissioner of
Police must waive the designated costs.
(5) If the registered operator fails to comply with
the undertaking—
(a) the amount of the designated costs
becomes a debt due to the Crown
recoverable in a court of competent
jurisdiction; and
(b) the motor vehicle may be seized by a
member of the police force and
immobilised or impounded until—
(i) the designated costs (including
any further costs associated with
the subsequent immobilisation or
impoundment under this
paragraph) are paid; or
(ii) the vehicle is sold or disposed of
under Division 5.".
18 Application for search and seizure warrant
In section 84ZG(1) of the Road Safety Act
1986—
(a) in paragraph (d) for "vehicle." substitute
"vehicle; or";
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(b) after paragraph (d) insert—
"(e) a member of the police force is
empowered under section 84PB(4)(a) to
seize the motor vehicle.".
19 Notice to be given of intention to sell or dispose
(1) In section 84ZQA(1)(a)(iv) of the Road Safety
Act 1986 for "Corporation; and" substitute
"Corporation.".
(2) Section 84ZQA(1)(b) of the Road Safety Act
1986 is repealed.
(3) In section 84ZQA(3) of the Road Safety Act
1986 for 'expired.".' substitute "expired.".
20 New sections 84ZQAB, 84ZQAC and 84ZQAD
inserted
After section 84ZQA of the Road Safety Act
1986 insert—
"84ZQAB Sale or disposal of motor vehicles and
items deemed to be abandoned
(1) The Chief Commissioner of Police may sell,
by public auction or tender, or otherwise
dispose of, a motor vehicle and any item left
in or on the motor vehicle, if—
(a) a decision is made by a member of the
police force to impound or immobilise
the motor vehicle under section 84F or
an impoundment or immobilisation
order is made against the motor vehicle;
and
(b) the motor vehicle is not collected or
released after the motor vehicle
becomes available for collection or
release; and
(c) the motor vehicle is deemed under
subsection (2) to be abandoned.
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(2) A motor vehicle is deemed to be abandoned
if—
(a) the Chief Commissioner has given
notice in accordance with section
84ZQAC; and
(b) either—
(i) 30 days have elapsed since the
giving of the notice and none of
the events referred to in section
84ZQAC(4)(a) to (f) have
occurred; or
(ii) the court has made an order under
section 84ZQAD that the motor
vehicle is abandoned.
(3) If a motor vehicle is deemed to be
abandoned under subsection (2), the motor
vehicle and any item or thing left in or on it
vest absolutely in the Crown free from all
other interests, rights, titles or claims in or to
ownership or possession.
(4) Subsection (3) has effect despite any other
Act (other than the Charter of Human
Rights and Responsibilities Act 2006) or
law to the contrary.
(5) A purchaser of a motor vehicle, item or thing
sold in accordance with subsection (1)
acquires good title to that vehicle, item or
thing.
(6) A person with an interest in a motor vehicle
sold or disposed of under subsection (1)
must be compensated in accordance with
subsection (7) if, after the sale or disposal of
the motor vehicle—
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(a) in the case where the motor vehicle was
impounded or immobilised by a
member of the police force under
Division 2—
(i) the person accused of the relevant
offence in relation to which the
vehicle was impounded or
immobilised is found not guilty of
that offence and is not found
guilty of any other relevant
offence arising out of the same set
of circumstances; or
(ii) no charge-sheet charging a
relevant offence is filed in relation
to the impoundment or
immobilisation of the motor
vehicle or a charge-sheet is filed
but the charge is not proceeded
with within 12 months after the
motor vehicle was impounded or
immobilised; or
(b) in any case—a conviction for the
relevant offence in relation to which the
vehicle was impounded or immobilised
is set aside.
(7) Compensation paid to a person under
subsection (6) must—
(a) be based on the market valuation of the
motor vehicle obtained by the Chief
Commissioner of Police; and
(b) be proportionate to the person's interest
in the motor vehicle; and
(c) have deducted any money already paid
to the person under section
84ZQD(1)(c) and (d) in respect of the
motor vehicle.
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84ZQAC Notice to be given of intention to deem
motor vehicle abandoned
(1) The Chief Commissioner of Police must give
notice of intention to deem a motor vehicle
to be abandoned under section 84ZQAB and
then to sell or otherwise dispose of the motor
vehicle and any uncollected item or thing left
in or on the motor vehicle by serving a notice
that complies with subsections (3) and (4)
on—
(a) the driver of the motor vehicle; and
(b) if the driver of the motor vehicle is not
the registered operator of the motor
vehicle—the registered operator; and
(c) any person who the Chief
Commissioner is aware has an interest
in the motor vehicle; and
(d) the Corporation.
(2) If the registered operator of the motor
vehicle is not the owner or sole owner of the
motor vehicle, the registered operator must,
as soon as is reasonably practicable, take
reasonable steps to serve a copy of the notice
served under subsection (1) on any owner of
the motor vehicle.
Note
See section 93 for how a notice may be served.
(3) A notice under subsection (1) must include
information that identifies the motor vehicle,
including the motor vehicle's registration
number (if applicable).
(4) A notice under subsection (1) must state that
the motor vehicle will be deemed to be
abandoned and that the motor vehicle and
any item left in or on the motor vehicle will
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be sold or disposed of unless, within 30 days
after the date of the notice—
(a) the designated costs in respect of the
impoundment or immobilisation of the
motor vehicle are paid and the motor
vehicle is collected or released; or
(b) the designated costs are not required to
be paid because—
(i) the motor vehicle is released from
impoundment or immobilisation
in accordance with section
84N(1)(a) or (b); or
(ii) the motor vehicle is released from
impoundment or immobilisation
in accordance with section
84N(1)(c) and a senior police
officer has waived the designated
costs under section 84N(3); or
(c) a conviction for the relevant offence is
set aside; or
(d) the court makes an order under
section 84O or 84ZA that the motor
vehicle be released; or
(e) the Chief Commissioner of Police
accepts under section 84ZD(2) an
undertaking by the registered operator
to have the motor vehicle destroyed by
a recycler approved by the Chief
Commissioner; or
(f) a person substantially affected by the
proposed sale or disposal of the motor
vehicle has applied to the Magistrates'
Court under section 84ZQAD for an
order declaring that the motor vehicle is
not abandoned.
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(5) Subject to subsection (6), the Chief
Commissioner of Police may give notice
under subsection (1) if—
(a) in the case of a motor vehicle that has
been impounded—more than 7 days
have elapsed since the motor vehicle
became available for collection; or
(b) in the case of a motor vehicle that has
been immobilised—more than
3 months have elapsed since the motor
vehicle became available for release.
(6) The Chief Commissioner of Police must not
give notice under subsection (1) if the Chief
Commissioner is aware that any of the
following are yet to be determined—
(a) an application under section 84O(1);
(b) an application under section 84U(1) for
an impoundment or immobilisation
order or for a forfeiture order;
(c) an application under section 84ZA(1)
for variation of an impoundment or
immobilisation order or forfeiture
order.
84ZQAD Application for order that motor vehicle is
not abandoned
(1) If the Chief Commissioner of Police gives
notice of an intention to deem a motor
vehicle to be abandoned, a person
substantially affected by the proposed sale or
disposal of the motor vehicle may apply to
the Magistrates' Court for an order that the
motor vehicle is not abandoned.
(2) An application under subsection (1) may be
made in conjunction with an application
under section 84O(1) or 84ZA(1).
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(3) The court hearing an application under
subsection (1)—
(a) must not make an order under this
section unless satisfied that the
applicant has notified the Chief
Commissioner of Police of the
application; and
(b) must allow the Chief Commissioner of
Police to be heard at the hearing.
(4) On application under subsection (1), the
court may—
(a) make an order that the motor vehicle is
not abandoned; or
(b) make an order that the motor vehicle is
abandoned.
(5) The court may make an order that the motor
vehicle is not abandoned only if satisfied
that—
(a) the applicant has not, in fact,
abandoned the motor vehicle; and
(b) the applicant has a genuine intention to
collect or arrange for the release of the
motor vehicle at some time in the
future.
(6) An order by the court that a motor vehicle is
not abandoned does not prevent the Chief
Commissioner of Police from—
(a) applying under section 84ZV for a
disposal order; or
(b) selling or disposing of the motor
vehicle in accordance with
section 84ZQ.".
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21 Amendment of sections 84ZQB and 84ZQC
(1) In section 84ZQB(1) of the Road Safety Act
1986 after "84ZQA(1)" insert "or 84ZQAC(1)".
(2) In section 84ZQC(1) of the Road Safety Act
1986 after "84ZQ(4)" insert "or 84ZQAB(3)".
22 New section 84ZQD inserted
After section 84ZQC of the Road Safety Act
1986 insert—
"84ZQD Application of proceeds of sale
(1) Where a motor vehicle or item or thing is
sold under section 84ZQ or 84ZQAB the
proceeds of sale are to be applied in the
following order of priority—
(a) to pay the costs of the sale;
(b) to pay any costs of impoundment or
immobilisation;
(c) to discharge any security interest over
the motor vehicle, such as a bank loan
or a lease arrangement, that existed
immediately before the motor vehicle
vested in the Crown;
(d) to pay the registered operator of the
motor vehicle or, if the registered
operator cannot be reasonably located,
for payment into the Consolidated
Fund.
(2) Section 73(2) of the Personal Property
Securities Act 2009 of the Commonwealth
applies to an interest arising out of the
operation of this Division.".
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23 Notice to be given of intention to sell or dispose
(1) In section 84ZRA(1)(a)(iv) of the Road Safety
Act 1986 for "Corporation; and" substitute
"Corporation.".
(2) Section 84ZRA(1)(b) of the Road Safety Act
1986 is repealed.
24 New section 84ZRB inserted
After section 84ZRA of the Road Safety Act
1986 insert—
"84ZRB Application to register financing
statement after giving notice of intention
to sell motor vehicle subject to forfeiture
order
(1) As soon as practicable after giving notice
under section 84ZRA(1) of an intention to
sell or otherwise dispose of a motor vehicle
that is the subject of a forfeiture order, the
Chief Commissioner of Police must apply to
the Commonwealth Registrar, in accordance
with the Commonwealth Act, to register a
financing statement or a financing change
statement (as the case requires) in respect of
the motor vehicle.
Note
A financing statement includes a statement of the
reason why the property is registered.
(2) The Corporation may apply to register a
financing statement or a financing change
statement under subsection (1) on behalf of
the Chief Commissioner of Police.".
25 Application of proceeds of sale
In section 84ZS(1) of the Road Safety Act 1986
omit "84ZQ or".
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26 Notice to be given of intention to apply for disposal
order
(1) In section 84ZU(2)(a)(iv) of the Road Safety Act
1986 for "Corporation; and" substitute
"Corporation.".
(2) Section 84ZU(2)(b) of the Road Safety Act 1986
is repealed.
27 New section 103ZE inserted
After section 103ZD of the Road Safety Act 1986
insert—
"103ZE Transitional provision—Road Safety
Amendment Act 2012
(1) Part 6AB as inserted by section 5 of the
Road Safety Amendment Act 2012 applies
only to applicable offences alleged to have
been committed on or after the
commencement of section 5 of that Act.
(2) For the purposes of subsection (1), if an
applicable offence is alleged to have been
committed between 2 dates, one before and
one after the commencement of section 5 of
the Road Safety Amendment Act 2012, the
applicable offence is alleged to have been
committed before the commencement of
section 5 of that Act.
(3) Section 84ZQAB as inserted by section 20 of
the Road Safety Amendment Act 2012
applies only to motor vehicles that have been
impounded or immobilised in relation to an
applicable offence alleged to have been
committed on or after the commencement of
section 20 of that Act.
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(4) For the purposes of subsection (3), if an
applicable offence is alleged to have been
committed between 2 dates, one before and
one after the commencement of section 20 of
the Road Safety Amendment Act 2012, the
applicable offence is alleged to have been
committed before the commencement of
section 20 of that Act.".
28 New Schedule 6 inserted
After Schedule 5 to the Road Safety Act 1986
insert—
"SCHEDULE 6
Section 16BA
CRITERIA FOR CLASSIFICATION OF
STATUTORY WRITE-OFF—LIGHT MOTOR
VEHICLES
1 Definitions
In this Schedule—
excessive fire damage has the meaning given
in clause 14;
excessive stripping damage has the meaning
given in clause 16;
excessive structural damage has the
meaning given in clause 5;
excessive water damage has the meaning
given in clause 15;
statutory write-off means a vehicle that is a
statutory write-off within the meaning
of clause 4.
2 Application of Technical Guide
(1) A person who, in accordance with this
Schedule, is assessing whether an area of a
vehicle has been fractured, cut, cracked or
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buckled or is folded over onto itself must
make that assessment based on the relevant
diagrams contained in the Technical Guide.
(2) In this clause, Technical Guide means the
"Damage Assessment Criteria for the
Classification of Statutory Write-Offs"
approved by Austroads Ltd
ABN 16 245 787 323 from time to time.
3 Prescribed structural areas
For the purposes of this Schedule, the
structural areas of a vehicle are—
(a) the roof;
(b) each of the pillars;
(c) the floor pan;
(d) the firewall;
(e) as applicable—
(i) each of the the longitudinal
structural rails; or
(ii) the chassis;
(f) the vehicle suspension;
(g) mechanical components;
(h) the supplementary restraint systems.
4 Statutory write-off
A light motor vehicle is a statutory write-off
if it is written off and has been assessed, in
accordance with this Schedule, as having—
(a) excessive structural damage; or
(b) excessive fire damage; or
(c) excessive water damage; or
(d) excessive stripping damage.
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5 Excessive structural damage
(1) A vehicle has excessive structural damage if
three indicators are found in the vehicle.
(2) In this Schedule, indicator means—
(a) excessive damage in a structural area,
determined in accordance with this
Schedule;
(b) deployment or activation of a
supplementary restraint, determined in
accordance with clause 13.
(3) For the purpose of calculating the number of
structural areas which have been damaged—
(a) excessive damage to separate pillars or
to separate longitudinal structural rail
or chassis is to be counted as a separate
indicator;
(b) each different and separate area of
excessive damage to the floor pan or
firewall is to be counted as a separate
indicator;
(c) each incidence of excessive damage to
a suspension station is to be counted as
a separate indicator if clause 11(2)(a)
applies;
(d) excessive damage to any part of the
roof is to be counted as a single
indicator;
(e) excessive damage to any or all of the
mechanical components specified in
clause 12 is to be counted as a single
indicator;
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(f) deployment or activation of any or all
of the supplementary restraints
specified in clause 13 is to be counted
as a single indicator.
Examples
A vehicle has excessive damage in two pillars and in
the roof. The vehicle is a statutory write-off.
A vehicle has excessive damage in two longitudinal
structural rails and the front right suspension mount is
damaged. The vehicle is a statutory write-off.
6 Damage to the roof
The roof of a vehicle has excessive damage
if it has been loaded so that an individual
structural element or member—
(a) has been structurally—
(i) fractured; or
(ii) cut; or
(iii) cracked; or
(iv) buckled; or
(b) is folded over onto itself.
Note
A cut includes the situation where the roof has been
cut by emergency services to permit occupant
extraction.
7 Damage to the pillars
A pillar of a vehicle has excessive damage if
it has been loaded so that an individual
structural element or member—
(a) has been structurally—
(i) fractured; or
(ii) cut; or
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(iii) cracked; or
(iv) buckled; or
(b) is folded over onto itself.
8 Damage to the floor pan
(1) For the purposes of this Schedule, the floor
pan of a vehicle—
(a) includes the inner sill panel where the
panel attaches to the floor pan;
(b) does not include—
(i) the outer sill rocker (rocker
panel); or
(ii) the internal stiffener; or
(iii) the braces between the inner and
outer panels.
(2) The floor pan of a vehicle has excessive
damage if it has been loaded so that an
individual structural element or member—
(a) has been structurally—
(i) fractured; or
(ii) cut; or
(iii) cracked; or
(iv) buckled; or
(b) is folded over onto itself.
9 Damage to the firewall
(1) A vehicle has excessive damage to its
firewall if the firewall has been loaded so
that an individual structural or member
element—
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(a) has been structurally—
(i) fractured; or
(ii) cut; or
(iii) cracked; or
(iv) buckled; or
(b) is folded over onto itself.
10 Damage to the longitudinal structural
rails or chassis
(1) For the purposes of this Schedule, the
longitudinal structural rails or chassis do
not include a deformable end plate that has
been designed to be removed and replaced.
(2) A longitudinal structural rail or chassis of a
vehicle has excessive damage if it has been
loaded so that an individual structural or
member element—
(a) has been structurally—
(i) fractured; or
(ii) cut; or
(iii) cracked; or
(iv) buckled; or
(b) is folded over onto itself.
(3) If both longitudinal rails of a vehicle are
damaged to the extent that they both require
Original Equipment Manufacture
replacement, that damage must be counted as
excessive damage to three areas.
11 Damage to the suspension
(1) The suspension of a vehicle has excessive
damage if there is collision-induced damage
to a suspension mount to the chassis or body.
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(2) In assessing damage to the suspension—
(a) if an independent suspension unit is
damaged, so that its mount to the
chassis or body is damaged, each
station is one area of excessive damage;
(b) if a live axle is damaged, so that a
mount to the chassis or body is
damaged, the suspension of the vehicle
must be counted as one area of
excessive damage for each axle.
12 Damage to mechanical components
The mechanical components of a vehicle
have excessive damage if collision-induced
damage has caused one or more of the
following to be cracked, deformed or
broken—
(a) the engine block;
(b) the transmission case;
(c) the differential case;
(d) the axle housing.
13 Deployment or activation of
supplementary restraints
For the purpose of this Schedule, there has
been deployment or activation of a
supplementary restraint if—
(a) there has been deployment of an airbag
(whether frontal, side or curtain) within
the vehicle occupant cabin; or
(b) there has been activation of a seatbelt
pre-tensioner.
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14 Excessive fire damage
A vehicle has excessive fire damage if—
(a) as a result of fire, paint on the vehicle
(whether internal or external) has
blistered on any three of—
(i) the roof;
(ii) a pillar;
(iii) the floor pan;
(iv) the firewall;
(v) longitudinal structural rails or
chassis; or
(b) as a result of fire—
(i) the vehicle has sustained a
combination of exterior and
interior fire damage; and
(ii) the vehicle has suffered damage to
the extent that it is written off.
15 Excessive water damage
A vehicle has excessive water damage if the
internal cabin of the vehicle has been
inundated with water (irrespective of
whether the water is fresh, brackish or salt
water) to a level above the level of the inner
door sill.
16 Excessive vehicle stripping damage
A vehicle has excessive stripping damage
if—
(a) it has been stripped of interior or
exterior parts, panels and components
such as wheels, bonnet, guards, doors,
boot lid or interior parts; or
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(b) by reason of that stripping it is written
off.
__________________".
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PART 3—STATUTE LAW REVISION
Division 1—Road Safety Act 1986
29 Substitution of references to Department of
Infrastructure
(1) In section 3(1) of the Road Safety Act 1986, in
the definition of Secretary for "Department of
Infrastructure" substitute "Department of
Transport".
(2) In section 13(6)(b) of the Road Safety Act 1986
for "Department of Infrastructure" (wherever
occurring) substitute "Department of Transport".
(3) In section 16(2)(b) of the Road Safety Act 1986
for "Department of Infrastructure" (wherever
occurring) substitute "Department of Transport".
(4) In section 53(2) and (3) of the Road Safety Act
1986 for "Department of Infrastructure" (wherever
occurring) substitute "Department of Transport".
(5) In section 55(1) of the Road Safety Act 1986 for
"Department of Infrastructure" (wherever
occurring) substitute "Department of Transport".
(6) In section 55D(2) of the Road Safety Act 1986
for "Department of Infrastructure" substitute
"Department of Transport".
(7) In section 55E(1) of the Road Safety Act 1986, in
the definitions of authorised officer and
enforcement officer for "Department of
Infrastructure" substitute "Department of
Transport".
(8) In section 55E(6) and (22)(a), (b), (c) and (d) of
the Road Safety Act 1986 for "Department of
Infrastructure" substitute "Department of
Transport".
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(9) In section 59(1)(a)(i) and (4)(b)(i) of the Road
Safety Act 1986 for "Department of
Infrastructure" (wherever occurring) substitute
"Department of Transport".
(10) In section 74(2) of the Road Safety Act 1986 for
"Department of Infrastructure" (wherever
occurring) substitute "Department of Transport".
(11) In section 77(2)(c), (3) and (3A) of the Road
Safety Act 1986 for "Department of
Infrastructure" (wherever occurring) substitute
"Department of Transport".
(12) In section 84(1), (3), (4A) and (6) of the Road
Safety Act 1986 for "Department of
Infrastructure" (wherever occurring) substitute
"Department of Transport".
(13) In section 112(1) of the Road Safety Act 1986 for
"Department of Infrastructure" substitute
"Department of Transport".
Division 2—Road Management Act 2004
30 Infrastructure Reference Panel
In section 31(2)(ja) of the Road Management
Act 2004 for "Public Transport Competition
Act 1995" substitute "Bus Services Act 1995".
31 Specified Roads
In section 42A(7) of the Road Management Act
2004 for "sufficent" substitute "sufficient".
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PART 4—REPEAL OF AMENDING ACT
32 Repeal of amending Act
This Act is repealed on 1 April 2014.
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: 2 May 2012
Legislative Council: 16 August 2012
The long title for the Bill for this Act was "A Bill for an Act to amend the
Road Safety Act 1986 and for other purposes."
Endnotes
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