New South Wales Repealed Acts

This legislation has been repealed.

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 71

71 Regulations

(cf Cth Act, s 7; Traffic Act, s 3)

(1) General regulation-making power The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) Examples of subject-matter for regulations In particular, the regulations may make provision for or with respect to the matters set out in Schedule 1.

(3) Application, adoption or incorporation of certain documents The regulations:

(a) may apply, adopt or incorporate, whether wholly or in part or with or without modifications, publications of the National Transport Commission that have been approved (whether before or after the commencement of this section) by the Australian Transport Council or any other publication (including any Act or regulation of the Commonwealth, a Territory or another State), either as published or as in force from time to time, and

(b) may apply to any provision of the regulations, whether wholly or in part or with or without modifications, the provisions of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth.

(4) Ambit of power in subsection (3) Subsection (3) (a) extends to documents approved by the Australian Transport Council that have been published in this State by the Authority on behalf of the National Transport Commission.

(5) Definitions in regulations For the purposes of the regulations, the regulations may define an expression (or apply, adopt, or incorporate a definition of an expression in a publication referred to in subsection (3) (a)) that is defined by this Act:

(a) in the same (or in substantially the same) way as it is defined by this Act, or

(b) by reference to one or more classes of matter included in the expression as defined by this Act, or

(c) by reference to a combination of classes of matter included in the expression as defined by this Act and in any other expression defined by this Act (but not so as to exceed the power to make regulations in respect of those classes of matter), or

(d) for the purposes of applying, adopting or incorporating a publication of the National Transport Commission that has been approved by the Australian Transport Council--in the same way as it is defined in the publication despite anything contained in this Act or the other road transport legislation (within the meaning of the Road Transport (General) Act 2005 ).

(6) Evidence of publications of National Transport Commission If a regulation applies, adopts or incorporates by way of reference any publication (or provision of a publication) referred to in subsection (3) (a) of the National Transport Commission that has been approved by the Australian Transport Council, evidence of the publication or provision may be given in any proceedings:

(a) by the production of a document purporting to be a copy of it and purporting to be published by or on behalf of the National Transport Commission, or

(b) by the production of a document purporting to be a copy of it and purporting to be printed by the government printer or by the authority of the Government of the Commonwealth, a State or a Territory.

(7) Offences in regulations The regulations may create offences punishable by a penalty not exceeding 34 penalty units (including defences for such offences and who bears the onus of proof in respect of such defences).

(8) Penalty of driver licence disqualification In addition to a penalty referred to in subsection (7), the regulations may provide for a person who is convicted of an offence against this Act or the regulations:

(a) to be automatically disqualified by virtue of the conviction from holding a driver licence for a period not exceeding 6 months, or

(b) to be disqualified by order of the court that convicts the person of the offence from holding a driver licence for such period as the court thinks fit (whether for a period that is shorter or longer than a period of automatic disqualification referred to in paragraph (a)).

(9) Alternative verdicts The regulations may provide for a person who is prosecuted for an aggravated form of an offence under the regulations to be convicted by a court of a lesser offence if the court is not satisfied that the elements of the aggravated offence have been proven, but is satisfied that the elements of the lesser offence have been proven.

(10) Certificate evidence regarding speed limits The regulations may provide for a document that is signed or purports to be signed by or on behalf of the Authority or other specified person in respect of a speed limit applying to a road or road related area that certifies any matter specified by the regulations concerning the speed limit (or the operation of any device by means of which the speed limit is imposed) to be admissible and prima facie evidence of that matter in proceedings before a court or tribunal.

(11) Fees The regulations may impose a fee in respect of services provided by the Authority under this Act or the regulations despite the fact that the fee may also comprise a tax.