Australian Capital Territory Numbered Ordinances Australian Capital Territory Numbered OrdinancesAUSTRALIAN CAPITAL TERRITORY
No. 1 of 1984
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.
Dated 31 January 1984.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
TOM UREN
Minister of State for Territories and Local Government
An Ordinance to amend the Motor Traffic Ordinance 1936
Short title
1. This Ordinance may be cited as the Motor Traffic (Amendment) Ordinance 1984.1
Principal Ordinance
2. In this Ordinance, “Principal Ordinance” means the Motor Traffic Ordinance 1936.2
Use of motor vehicle without third-party insurance
3. Section 51 of the Principal Ordinance is amended by omitting the penalty set out at the foot of sub-section (1) and substituting the following penalty:
“Penalty—
(a) for a first offence—$500; or
(b) for any subsequent offence—$1,000 or imprisonment for 6 months, or both.”.
Registration, &c., without evidence of third-party insurance
4. Section 52 of the Principal Ordinance is amended by omitting sub-section (5) and the penalty set out at the foot of the section and substituting the following sub-section:
“(5) A person who, in or with respect to a proposal for a third-party policy—
(a) knowingly makes a statement or representation that is false or misleading in a material particular; or
(b) fails to disclose a material fact of which he has knowledge,
is guilty of an offence punishable, on conviction, by a fine not exceeding $200.”.
Holding out as authorized insurer
5. Section 60 of the Principal Ordinance is amended by omitting the penalty and substituing the following penalty:
“Penalty—
(a) if the offender is a body corporate—$5,000; or
(b) if the offender is a natural person—$1,000 or imprisonment for 6 months, or both.”.
Use of motor vehicle where appropriate insurance premium not paid
6. Section 89 of the Principal Ordinance is amended by omitting from sub-section (1) “Twenty dollars for every day on which the motor vehicle is so used” and substituting “$500”.
Return of certificates, &c., after cancellation, &c.
7. Section 100 of the Principal Ordinance is amended—
(a) by omitting the penalty set out at the foot of sub-section (1); and
(b) by omitting the penalty set out at the foot of the section and substituting the following penalty:
“Penalty: $80.”.
Unauthorized use of motor vehicles as taxis, &c.
8. Section 168 of the Principal Ordinance is amended by omitting the penalty and substituting the following penalty:
“Penalty—
9. Section 169 of the Principal Ordinance is repealed and the following section substituted:
Unauthorized use of motor lorries, &c., by farmers
“169. Where a farmer has paid the determined fee in respect of a motor tractor or motor lorry owned by him, he shall not, except in pursuance of a licence granted under section 216—
(a) use, or cause, permit or suffer to be used, otherwise than solely for the carting of his own produce; or
(b) let out on hire,
that motor tractor or motor lorry.
Penalty—
General offence
10. Section 192 of the Principal Ordinance is amended by omitting from sub-section (2) “Two hundred dollars or imprisonment for six months” and substituting “$500”.
Regulations
11. Section 218 of the Principal Ordinance is amended by omitting from paragraph (af) “One hundred dollars” and substituting “$200”.
Further amendments
12. The Principal Ordinance is further amended by omitting the penalty set out at the foot of each of the provisions specified in Column 1 of the Schedule and substituting the penalty specified in Column 2 of the Schedule opposite to that provision.
SCHEDULE Section 12
Column 1 Column 2
Provision Substituted penalty
Sub-section 22 (1) Penalty: $100.
Sub-section 43 (1) Penalty: $100.
Section 45 Penalty: $100.
Sub-section 54 (4) Penalty: $1,000.
Section 90 Penalty: $200.
Section 147D Penalty: $1,000.
Sub-section 150 (2) Penalty: $80.
Sub-section 150 (4) Penalty: $80.
1. Notified in the Commonwealth of Australia Gazette on 8 February 1984.
2. No. 45, 1936 as amended by Nos. 25 and 41, 1938; No. 16, 1941; No. 14, 1942; Nos. 2 and 13, 1943; No. 3, 1945; Nos. 6 and 13, 1947; No. 7, 1950; No. 17, 1951; Nos. 1 and 7, 1955; No. 6, 1956; No. 19, 1957; Nos. 10 and 15, 1958; Nos. 7 and 21, 1959; No. 11, 1960; Nos. 16 and 17, 1962; No. 21, 1963; No. 8, 1964; Nos. 9 and 13, 1965; No. 19, 1966 (as amended by No. 36, 1967); No. 2, 1968; Nos. 27 and 29, 1969; No. 27, 1970; Nos. 13, 17, 37 and 39, 1971; Nos. 3 and 10, 1972; Nos. 1 , 32, 38, 41, 42 and 57, 1973; Nos. 4, 12, 23, 37, 48 and 49, 1974; Nos. 3, 16, 23, 31, 52, and 54, 1976; Nos. 16, 23, 30, 37, 51 and 59, 1977; Nos. 2, 31 and 46, 1978; No. 32, 1979; No. 33, 1980; Nos. 3, 8, 30, 31 and 33, 1981; No. 40, 1981 (as amended by no. 43, 1981); Nos. 6, 49, 50, 64 and 96, 1982; Nos. 14, 18 and 21, 1983.