Road Safety Amendment (Hoon Driving and Other Matters) Act 2011
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Road Safety Amendment (Hoon Driving and Other
Matters) Act 2011
No. 32 of 2011
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2—AMENDMENT OF THE ROAD SAFETY
AMENDMENT (HOON DRIVING) ACT 2010 3
3 Definitions 3
4 Repeal of sections 18 and 20 3
5 Amendment of section 29 3
6 Application of proceeds of sale 4
7 Repeal of sections 35 and 37 4
PART 3—AMENDMENT OF THE ROAD SAFETY ACT 1986 5
8 Breath analysing instruments 5
9 Improper use of motor vehicle 5
10 Speed trials 7
11 Insertion of definitions 7
12 Period in which relevant offences can be taken into account 8
13 New section 84TA inserted 8
84TA Application to register financing statement after
impoundment or immobilisation order or forfeiture
order 8
14 New section 84WA inserted 9
84WA Application to register financing statement after
serving notice of application 9
15 New sections 84ZQB and 84ZQC inserted 9
84ZQB Application to register financing statement after
giving notice of intention to sell etc. 9
84ZQC Application to register financing statement if motor
vehicle vests in Crown 10
16 New section 84ZUA inserted 11
17 New section 84ZWA inserted 11
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Section Page
ii
Authorised by the Chief Parliamentary Counsel
18 New Division 6 inserted in Part 6A 12
Division 6—Inspection of impounded, immobilised or
forfeited motor vehicles 12
84ZY Power to inspect motor vehicles 12
19 Disqualification for drug-driving infringement 13
20 New section 103ZD inserted 13
103ZD Transitional provision—Road Safety Amendment
(Hoon Driving and Other Matters) Act 2011 13
21 Statute law revision 16
PART 4—AMENDMENT OF THE POLICE REGULATION
ACT 1958 17
22 Disclosure of information 17
23 Statute law revision 17
PART 5—REPEAL 18
24 Repeal of amending Act 18
═══════════════
ENDNOTES 19
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Road Safety Amendment (Hoon Driving
and Other Matters) Act 2011 †
No. 32 of 2011
[Assented to 29 June 2011]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The purposes of this Act are—
(a) to amend the Road Safety Act 1986 and the
Road Safety Amendment (Hoon Driving)
Act 2010 in relation to impoundment,
immobilisation and forfeiture of motor
vehicles, loss of traction offences, speed trial
offences, breath analysing instruments and
drug-driving infringements; and
Victoria
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Part 1—Preliminary
Road Safety Amendment (Hoon Driving and Other Matters) Act 2011
No. 32 of 2011
2
Authorised by the Chief Parliamentary Counsel
(b) to amend the Police Regulation Act 1958 to
facilitate the disclosure of information
required for financing statements and
financing change statements under Part 6A
of the Road Safety Act 1986; and
(c) to make minor amendments of a statute law
revision nature.
2 Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Section 23 is taken to have come into operation on
30 June 2010.
(3) Section 8 comes into operation on 1 July 2011.
(4) Subject to subsection (5), sections 11, 13, 14, 15,
16, 17 and 22 come into operation on a day to be
proclaimed.
(5) If a provision referred to in subsection (4) does
not come into operation before 1 February 2012, it
comes into operation on that day.
(6) Subject to subsection (7), section 12 comes into
operation on a day to be proclaimed.
(7) If section 12 does not come in operation before
1 July 2012, it comes into operation on that day.
(8) The remaining provisions of this Act come into
operation on the day after the day on which this
Act receives the Royal Assent.
__________________
s. 2 s. 2
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Part 2—Amendment of the Road Safety Amendment (Hoon Driving) Act
2010
Road Safety Amendment (Hoon Driving and Other Matters) Act 2011
No. 32 of 2011
3
Authorised by the Chief Parliamentary Counsel
PART 2—AMENDMENT OF THE ROAD SAFETY
AMENDMENT (HOON DRIVING) ACT 2010
3 Definitions
(1) In section 4(1)(a) of the Road Safety
Amendment (Hoon Driving) Act 2010, for
"14 days" substitute "30 days".
(2) In section 4(1)(c) of the Road Safety
Amendment (Hoon Driving) Act 2010, in the
definition of tier 2 relevant offence, after
paragraph (i) insert—
"(j) an offence against rule 265(3), 266(1),
268(4A) or 268(4B) of the Road Rules in
circumstances where the number of
passengers in the motor vehicle exceeds the
number of seats available to them in the
motor vehicle;".
4 Repeal of sections 18 and 20
Sections 18 and 20 of the Road Safety
Amendment (Hoon Driving) Act 2010 are
repealed.
5 Amendment of section 29
(1) For the heading to section 29 of the Road Safety
Amendment (Hoon Driving) Act 2010
substitute—
"New section 84ZQA inserted".
(2) In section 29 of the Road Safety Amendment
(Hoon Driving) Act 2010—
(a) in proposed section 84ZQA(3) of the Road
Safety Act 1986, for "expired." substitute
'expired.".'; and
(b) proposed sections 84ZQB and 84ZQC of the
Road Safety Act 1986 are repealed.
s. 3
See:
Act No.
76/2010.
Statute Book:
www.
legislation.
vic.gov.au
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Part 2—Amendment of the Road Safety Amendment (Hoon Driving) Act
2010
Road Safety Amendment (Hoon Driving and Other Matters) Act 2011
No. 32 of 2011
4
Authorised by the Chief Parliamentary Counsel
6 Application of proceeds of sale
In section 32 of the Road Safety Amendment
(Hoon Driving) Act 2010—
(a) after "before" insert "the motor vehicle
vested in the Crown or"; and
(b) after "took effect" insert "(as the case
requires)".
7 Repeal of sections 35 and 37
Sections 35 and 37 of the Road Safety
Amendment (Hoon Driving) Act 2010 are
repealed.
__________________
s. 6
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Part 3—Amendment of the Road Safety Act 1986
Road Safety Amendment (Hoon Driving and Other Matters) Act 2011
No. 32 of 2011
5
Authorised by the Chief Parliamentary Counsel
PART 3—AMENDMENT OF THE ROAD SAFETY ACT 1986
8 Breath analysing instruments
(1) In section 3(1) of the Road Safety Act 1986, in
the definition of breath analysing instrument,
after paragraph (a) insert—
'(ab) the apparatus known as the Alcotest 9510
AUS to which a plate is attached on which
there is written, inscribed or impressed the
numbers "8320869" whether with or without
other expressions or abbreviations of
expressions, commas, full stops, hyphens or
other punctuation marks and whether or not
all or any of the numbers are boxed in; or'.
(2) In section 58(5) of the Road Safety Act 1986, for
'the expressions "Alcotest 7110" and "3530791" '
substitute—
'the expressions—
(a) "Alcotest 7110" and "3530791"; or
(b) "Alcotest 9510 AUS" and "8320869"—'.
9 Improper use of motor vehicle
(1) After section 65A(2) of the Road Safety Act
1986 insert—
"(2A) Subsection (1) does not apply to a person
who drives a motor vehicle in the manner
described in subsection (1) on land other
than a highway in the course of—
(a) an event or function that—
(i) is conducted at a motor sport
venue; and
(ii) is authorised by the operator of the
venue; or
s. 8
See:
Act No.
127/1986.
Reprint No. 12
as at
5 April 2010
and
amending
Act Nos
19/1991,
13/2009,
93/2009,
6/2010,
13/2010,
19/2010,
29/2010,
30/2010,
45/2010,
63/2010,
74/2010,
75/2010,
76/2010 and
77/2010.
LawToday:
www.
legislation.
vic.gov.au
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Part 3—Amendment of the Road Safety Act 1986
Road Safety Amendment (Hoon Driving and Other Matters) Act 2011
No. 32 of 2011
6
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(b) an event or function that—
(i) is organised, conducted or
sanctioned by a motoring
organisation; and
(ii) is conducted in accordance with
the rules of conduct of the
motoring organisation; or
(c) driver training that—
(i) is supervised by a person for
financial gain or in the course of
any trade or business; and
(ii) is conducted at a venue designed,
or primarily used, for driver
training or at a motor sport venue;
or
(d) vehicle testing by, or authorised by, a
manufacturer of vehicles or vehicle
components; or
(e) training activities of Victoria Police.
(2B) In subsection (2A)—
motor sport venue means a permanent venue
for motor sports that—
(a) has a permanent track; and
(b) is used for 2 or more motor sport
events or functions each year; and
(c) is on land the use of which for
motor sports and any development
associated with that use is lawful.
Examples
1 Calder Park Raceway.
2 Sandown Motor Raceway.
3 Winton Motor Raceway.
s. 9
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Part 3—Amendment of the Road Safety Act 1986
Road Safety Amendment (Hoon Driving and Other Matters) Act 2011
No. 32 of 2011
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(2C) Subsection (2A) does not affect any
requirement made by or under any other
Act.".
(2) In section 65A(3) of the Road Safety Act 1986—
(a) in paragraph (b), for "declaration."
substitute "declaration; or"; and
(b) after paragraph (b) insert—
"(c) while the persons are participating in an
activity, event or function, or a class of
activities, events or functions, specified
in the declaration.".
(3) In section 65A(5)(b) of the Road Safety Act
1986, for "organised and conducted by"
substitute "sanctioned, or organised and
conducted, by".
10 Speed trials
In section 68(4) of the Road Safety Act 1986, for
"organised and conducted by" substitute
"sanctioned, or organised and conducted, by".
11 Insertion of definitions
In section 84C(1) of the Road Safety Act 1986
insert the following definitions—
"Commonwealth Act means the Personal Property
Securities Act 2009 of the Commonwealth;
Commonwealth Registrar means the Registrar of
Personal Property Securities appointed under
the Commonwealth Act;
financing change statement has the same
meaning as in the Commonwealth Act;
financing statement has the same meaning as in
the Commonwealth Act;".
s. 10
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Part 3—Amendment of the Road Safety Act 1986
Road Safety Amendment (Hoon Driving and Other Matters) Act 2011
No. 32 of 2011
8
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12 Period in which relevant offences can be taken into
account
(1) In section 84S(1)(b) of the Road Safety Act 1986,
for "3 years" substitute "6 years".
(2) In section 84T(1) of the Road Safety Act 1986,
for "3 years" (wherever occurring) substitute
"6 years".
(3) In section 84U(1)(b) of the Road Safety Act
1986, for "3 years" substitute "6 years".
13 New section 84TA inserted
After section 84T of the Road Safety Act 1986
insert—
"84TA Application to register financing
statement after impoundment or
immobilisation order or forfeiture order
(1) As soon as practicable after an impoundment
or immobilisation order under section 84S or
a forfeiture order under section 84T is made,
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 that is the
subject of the order.
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.".
s. 12
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Part 3—Amendment of the Road Safety Act 1986
Road Safety Amendment (Hoon Driving and Other Matters) Act 2011
No. 32 of 2011
9
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14 New section 84WA inserted
After section 84W of the Road Safety Act 1986
insert—
"84WA Application to register financing
statement after serving notice of
application
(1) As soon as practicable after serving notice
under section 84W(1) of an intended
application, 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 that is the subject of the intended
application.
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.".
15 New sections 84ZQB and 84ZQC inserted
After section 84ZQA of the Road Safety Act
1986 insert—
"84ZQB Application to register financing
statement after giving notice of intention
to sell etc.
(1) As soon as practicable after giving notice
under section 84ZQA(1) of an intention to
sell or otherwise dispose of a motor vehicle,
the Chief Commissioner of Police must
apply to the Commonwealth Registrar, in
accordance with the Commonwealth Act, to
s. 14
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Part 3—Amendment of the Road Safety Act 1986
Road Safety Amendment (Hoon Driving and Other Matters) Act 2011
No. 32 of 2011
10
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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.
84ZQC Application to register financing
statement if motor vehicle vests in Crown
(1) Within 7 days after a motor vehicle vests in
the Crown under section 84ZQ(4), 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.".
s. 15
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Part 3—Amendment of the Road Safety Act 1986
Road Safety Amendment (Hoon Driving and Other Matters) Act 2011
No. 32 of 2011
11
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16 New section 84ZUA inserted
After section 84ZU of the Road Safety Act 1986
insert—
"84ZUA Application to register financing
statement after giving notice of
application for disposal order
(1) As soon as practicable after giving notice
under section 84ZU(1) of an intention to
make application for a disposal order for a
motor vehicle, 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.".
17 New section 84ZWA inserted
After section 84ZW of the Road Safety Act 1986
insert—
"84ZWA Application to register financing
statement after making of disposal order
(1) Within 7 days after the making of a disposal
order under section 84ZW, 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
s. 16
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Part 3—Amendment of the Road Safety Act 1986
Road Safety Amendment (Hoon Driving and Other Matters) Act 2011
No. 32 of 2011
12
Authorised by the Chief Parliamentary Counsel
the motor vehicle that is the subject of the
order.
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.".
18 New Division 6 inserted in Part 6A
After Division 5 of Part 6A of the Road Safety
Act 1986 insert—
"Division 6—Inspection of impounded,
immobilised or forfeited motor vehicles
84ZY Power to inspect motor vehicles
(1) A member of the police force or a person
referred to in section 13(6) may inspect at
any reasonable time a motor vehicle that has
been impounded, immobilised or forfeited
under this Part if the member or person
believes on reasonable grounds that the
motor vehicle does not comply with this Act
or the regulations.
(2) An inspection may include any tests which
the inspecting member of the police force or
person considers appropriate.
(3) If, on inspecting a motor vehicle, a member
of the police force or a person referred to in
section 13(6) discovers that the motor
vehicle does not comply with this Act or the
regulations, the member or person may take
any action under section 14.".
s. 18
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Part 3—Amendment of the Road Safety Act 1986
Road Safety Amendment (Hoon Driving and Other Matters) Act 2011
No. 32 of 2011
13
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19 Disqualification for drug-driving infringement
In section 89D(1A) of the Road Safety Act 1986,
after "excessive speed infringement" insert "or a
drug-driving infringement".
20 New section 103ZD inserted
After section 103ZC of the Road Safety Act 1986
insert—
"103ZD Transitional provision—Road Safety
Amendment (Hoon Driving and Other
Matters) Act 2011
(1) Sections 84S, 84T and 84U as amended by
section 12 of the Road Safety Amendment
(Hoon Driving and Other Matters) Act
2011 apply to—
(a) previous relevant offences committed
on or after the commencement of
section 12 of that Act; and
(b) previous relevant offences committed
before the commencement of section 12
of that Act if the most recent relevant
offence is alleged to have been
committed on or after the
commencement of section 12 of that
Act.
(2) For the purposes of subsection (1), if a
relevant offence is alleged to have been
committed between 2 dates, one before and
one after the commencement of section 12 of
the Road Safety Amendment (Hoon
Driving and Other Matters) Act 2011, the
relevant offence is alleged to have been
committed before the commencement of
section 12 of that Act.
s. 19
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Part 3—Amendment of the Road Safety Act 1986
Road Safety Amendment (Hoon Driving and Other Matters) Act 2011
No. 32 of 2011
14
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(3) Section 84TA as inserted by section 13 of
the Road Safety Amendment (Hoon
Driving and Other Matters) Act 2011
applies to an impoundment or
immobilisation order or a forfeiture order
made on or after the commencement of
section 13 of that Act, irrespective of when
the offence is alleged to have been
committed.
(4) Section 84WA as inserted by section 14 of
the Road Safety Amendment (Hoon
Driving and Other Matters) Act 2011
applies to a notice under section 84W(1)
served on or after the commencement of
section 14 of that Act, irrespective of when
the offence is alleged to have been
committed.
(5) Section 84ZQB as inserted by section 15 of
the Road Safety Amendment (Hoon
Driving and Other Matters) Act 2011
applies to a notice under section 84ZQA(1)
given on or after the commencement of
section 15 of that Act, irrespective of when
the offence is alleged to have been
committed.
(6) Section 84ZQC as inserted by section 15 of
the Road Safety Amendment (Hoon
Driving and Other Matters) Act 2011
applies to the vesting of a motor vehicle
under section 84ZQ(4) on or after the
commencement of section 15 of that Act,
irrespective of when the offence is alleged to
have been committed.
(7) Section 84ZUA as inserted by section 16 of
the Road Safety Amendment (Hoon
Driving and Other Matters) Act 2011
applies to a notice under section 84ZU(1)
s. 20
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Part 3—Amendment of the Road Safety Act 1986
Road Safety Amendment (Hoon Driving and Other Matters) Act 2011
No. 32 of 2011
15
Authorised by the Chief Parliamentary Counsel
given on or after the commencement of
section 16 of that Act, irrespective of when
the offence is alleged to have been
committed.
(8) Section 84ZWA as inserted by section 17 of
the Road Safety Amendment (Hoon
Driving and Other Matters) Act 2011
applies to a disposal order made on or after
the commencement of section 17 of that Act,
irrespective of when the offence is alleged to
have been committed.
(9) Section 84ZY as inserted by section 18 of
the Road Safety Amendment (Hoon
Driving and Other Matters) Act 2011
applies to any motor vehicle that is subject to
impoundment, immobilisation or forfeiture
on or after the commencement of section 18
of that Act, irrespective of when
impoundment, immobilisation or forfeiture
occurred.
(10) Section 89D(1A) as amended by section 19
of the Road Safety Amendment (Hoon
Driving and Other Matters) Act 2011
applies to a drug-driving infringement
alleged to have been committed on or after
the commencement of section 19 of that Act.
(11) For the purposes of subsection (10), if a
drug-driving infringement is alleged to have
been committed between 2 dates, one before
and one after the commencement of
section 19 of the Road Safety Amendment
(Hoon Driving and Other Matters) Act
2011, the drug-driving infringement is
alleged to have been committed before the
commencement of section 19 of that Act.".
s. 20
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Part 3—Amendment of the Road Safety Act 1986
Road Safety Amendment (Hoon Driving and Other Matters) Act 2011
No. 32 of 2011
16
Authorised by the Chief Parliamentary Counsel
21 Statute law revision
(1) In the heading to section 29 of the Road Safety
Act 1986, for "Magistrate's Court" substitute
"Magistrates' Court".
(2) In section 5 of the Road Legislation
Miscellaneous Amendments Act 2010, in
proposed section 62(1A) of the Melbourne City
Link Act 1995, before "Roads Corporation"
(wherever occurring) insert "the".
__________________
s. 21
See:
Act No.
75/2010.
Statute Book:
www.
legislation.
vic.gov.au
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Part 4—Amendment of the Police Regulation Act 1958
Road Safety Amendment (Hoon Driving and Other Matters) Act 2011
No. 32 of 2011
17
Authorised by the Chief Parliamentary Counsel
PART 4—AMENDMENT OF THE POLICE REGULATION
ACT 1958
22 Disclosure of information
After section 127A(1F) of the Police Regulation
Act 1958 insert—
"(1G) Subsection (1) does not prevent a member of
police personnel acting on behalf of the
Chief Commissioner of Police from
accessing or disclosing to the Registrar of
Personal Property Securities appointed under
the Personal Property Securities Act 2009 of
the Commonwealth information required to
apply for registration of a financing
statement or a financing change statement
under that Act in the performance of duties
of the Chief Commissioner under Part 6A of
the Road Safety Act 1986.".
23 Statute law revision
In section 43(4) of the Superannuation
Legislation Amendment Act 2010, for "Part III"
substitute "Part II".
__________________
s. 22
See:
Act No.
6338.
Reprint No. 13
as at
27 May 2010
and
amending
Act Nos
1/2010,
13/2010,
40/2010,
53/2010,
63/2010 and
2/2011.
LawToday:
www.
legislation.
vic.gov.au
See:
Act No.
40/2010.
Statute Book:
www.
legislation.
vic.gov.au
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Part 5—Repeal
Road Safety Amendment (Hoon Driving and Other Matters) Act 2011
No. 32 of 2011
18
Authorised by the Chief Parliamentary Counsel
PART 5—REPEAL
24 Repeal of amending Act
This Act is repealed on 1 July 2013.
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 984).
═══════════════
s. 24
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Road Safety Amendment (Hoon Driving and Other Matters) Act 2011
No. 32 of 2011
19
Authorised by the Chief Parliamentary Counsel
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 25 May 2011
Legislative Council: 16 June 2011
The long title for the Bill for this Act was "A Bill for an Act to amend the
Road Safety Act 1986, the Road Safety Amendment (Hoon Driving)
Act 2010, the Police Regulation Act 1958 and other Acts and for other
purposes."
Endnotes
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