Northern Territory Numbered Acts Northern Territory Numbered ActsAn Act to amend the Criminal Code, the Marine Act 1981 , the Motor Vehicles Act 1949 , the Motor Vehicles Regulations 1977 , the Ports Management Act 2015 , the Public Transport (Passenger Safety) Act 2008 , the Rail Safety (National Uniform Legislation) Act 2012 , the Rail Safety (National Uniform Legislation) Regulations 2013 , the Traffic Act 1987 and the Traffic Regulations 1999 and for related purposes
1 Short titleThis Act may be cited as the Transport Legislation Amendment Act 2022 .
(1) Subject to subsection (2), this Act commences on the day fixed by the Administrator by Gazette notice.
(2) If a provision of this Act does not commence before 1 November 2023, it commences on that day.
This Part amends the Criminal Code.
After section 174F(5)
insert
(6) The trier of fact may find the person not guilty of an offence against subsection (1) but guilty of an offence against section 30B(1) of the Traffic Act 1987 if the trier of fact:
(a) is not satisfied beyond reasonable doubt that the person committed the offence against subsection (1); and
(b) is satisfied beyond reasonable doubt that the person committed an offence against section 30B(1) of the Traffic Act 1987 .
(7) The trier of fact may find the person not guilty of an offence against subsection (2) but guilty of an offence against section 30B(2) of the Traffic Act 1987 if the trier of fact:
(a) is not satisfied beyond reasonable doubt that the person committed the offence against subsection (2); and
(b) is satisfied beyond reasonable doubt that the person committed an offence against section 30B(2) of the Traffic Act 1987 .
This Part amends the Marine Act 1981 .
(1) Section 8(3)
omit
all words from "Where" to "being"
insert
If a shipping inspector is required to report under subsection (2) or believes on reasonable grounds that a vessel was used, is being used or is about to be
(2) Section 8(3)(b) and (6)
omit
his or her
insert
the shipping inspector's
Section 108
repeal
Section 112
repeal , insert
(1) A person must not use or exhibit a distress signal unless a vessel or a person is in distress and requires assistance.
(2) A person commits an offence if:
(a) the person uses or exhibits, or causes to be used or exhibited, a distress signal; and
(b) neither a vessel nor any person are in distress or require assistance when the person engages in the conduct specified in paragraph (a); and
(c) the person had no reasonable cause for engaging in the conduct specified in paragraph (a).
Maximum penalty: 50 penalty units.
(3) A person commits an offence if:
(a) the person uses or makes, or causes to be used or made, a signal; and
(b) the signal is likely to be interpreted as a distress signal; and
(c) neither a vessel nor any person are in distress or require assistance when the person engages in the conduct specified in paragraph (a); and
(d) the person had no reasonable cause for engaging in the conduct specified in paragraph (a).
Maximum penalty: 50 penalty units.
(4) An offence against subsection (2) or (3) is an offence of strict liability.
(5) To avoid doubt, this section applies to conduct whether it occurs on water or land.
(6) In this section:
distress signal means:
(a) an emergency position indicating radio beacon (EPIRB); or
(b) any signal specified as indicating distress in the Uniform Shipping Laws Code, Annex IV, item 1.
Section 115B
repeal , insert
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct results in any of the following:
(i) the unreasonable obstruction or likely unreasonable obstruction of the passage of a vessel;
(ii) the unreasonable hindrance or likely unreasonable hindrance of the passage of a vessel;
(iii) the endangerment or likely endangerment of the safe passage of a vessel.
Maximum penalty: 100 penalty units or imprisonment for 1 year.
(2) An offence against subsection (1) is an offence of strict liability.
After section 188C
insert
(1) A police officer acting in the course of the officer's duties may enter waters closed under section 188B or 188C if:
(a) the officer believes on reasonable grounds that it is necessary to do so; and
(b) the officer takes reasonable care when doing so.
(2) A police officer who enters closed waters in accordance with subsection (1) does not commit an offence against section 188B(3) or 188C(3) in respect of those waters.
This Division amends the Motor Vehicles Act 1949 .
(1) Section 5(1), definitions motor car , motor cycle , motor vehicle and powered cycle
omit
(2) Section 5(1)
insert
motor cycle does not include any vehicle excluded by regulation.
motor vehicle means any vehicle for use on land that is designed to be wholly or partly self-propelled and includes any trailer attached to it, but does not include any vehicle excluded by regulation.
After section 7A, in Part 1
insert
(1) The Minister may, in writing, approve devices, methods and other matters for the purposes of this Act.
(2) The Registrar may, in writing, approve forms, devices, vehicles, persons, matters and things for the purposes of this Act.
Section 33Y
repeal
Section 121
repeal , insert
(1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function as any of the following:
(a) the Registrar;
(b) a Deputy Registrar;
(d) an inspector or officer who is a public sector employee.
(2) Subsection (1) does not affect any liability the Territory would, apart from that subsection, have for the act or omission.
(3) In this section:
exercise of a power includes the purported exercise of the power.
performance of a function includes the purported performance of the function.
16 Section 137E amended (Information sharing)
After section 137E(2)
insert
(3) The Minister may, by Gazette notice, authorise the Registrar to share information, of a type or class specified in the notice and held by the Registrar, with the person, body or entity specified in the notice.
(4) Despite anything to the contrary in the Information Act 2002 , the Registrar may be authorised to share information under subsection (3) that would be considered personal and confidential information under that Act.
(5) The Registrar may share or give prescribed information to a prescribed person or class of persons in accordance with the regulations.
This Division amends the Motor Vehicles Regulations 1977 .
After regulation 4C
insert
For section 5(1) of the Act, definitions motor cycle and motor vehicle , the following vehicles are excluded:
(a) a motorised wheelchair that is not capable of travelling at a speed greater than 10 km/h;
(b) a motorised scooter as defined in rule 244A(1) of the Australian Road Rules ;
(c) a bicycle that is designed to be propelled by pedals and an engine, motor or other device with a power output not exceeding 200 W;
(d) a bicycle that meets European product safety standard EN 15194, published in 2009 and amended in 2011, entitled Cycles - Electrically power assisted cycles - EPAC bicycle ;
(e) a vehicle that is used on a railway.
This Part amends the Ports Management Act 2015 .
After section 40B
insert
(1) The port operator, or regional harbourmaster, of a designated port may give a direction to take action specified under subsection (2) if:
(a) a direction was made under section 40A or 40B in relation to a vessel, hull or hulk; and
(b) in the case of the port operator – action was taken under section 40A(6)(a) or (8)(a); and
(c) in the case of the regional harbourmaster – action was taken under section 40B(6)(a) or (8)(a).
(2) The direction may require the following actions:
(a) payment of the reasonable costs associated with the prior action taken under section 40A(6)(a) or (8)(a) or 40B(6)(a) or (8)(a);
(b) removal of the vessel, hull or hulk to a place outside the port or a specified place inside the port.
(3) The direction must include the following:
(a) the day by which the direction must be complied with;
(b) a warning that action may be taken under subsection (5) and that the owner, master and occupier of the vessel, hull or hulk may be liable to pay the reasonable costs of that action.
(4) The direction must:
(a) be given orally to any person apparently in control of the vessel, hull or hulk; and
(b) be given, in writing, to the owner, master and occupier of the vessel, hull or hulk, if known; and
(c) be published on the website of the port operator or regional harbourmaster, as the case may be.
(5) If the direction is not complied with by the day specified in the direction, the port operator or regional harbourmaster may:
(a) move the vessel, hull or hulk to a place outside the port or a specified place inside the port; or
(b) sell the vessel, hull or hulk; or
(c) dispose of, other than by sale, or destroy the vessel, hull or hulk if:
(i) if it is unseaworthy; and
(ii) the cost of repairing it to make it seaworthy, or the cost of its storage and sale, exceeds its value.
(6) Before selling, disposing or destroying the vessel, hull or hulk, written notice must be given to the following persons of the proposed sale, disposal or destruction 28 days in advance:
(a) the owner, master and occupier of the vessel, hull or hulk, if known;
(b) any person with a registered interest in the vessel, hull or hulk;
(c) any other person with an interest in the vessel, hull or hulk, if known.
(7) The notice under subsection (6) must also be:
(a) published on the website of the port operator or regional harbourmaster, as the case may be; and
(b) affixed in a prominent position on the deck of the vessel, hull or hulk.
(8) The owner, master and occupier of the vessel, hull or hulk are, jointly and severally liable to pay all reasonable costs incurred by the port operator or regional harbourmaster for taking any action under subsection (5).
(9) The reasonable costs that a person is liable to pay under subsection (8) may be recovered as a debt due and payable to:
(a) the port operator; or
(b) in the case of action by regional harbourmaster – the Territory.
21 Section 44 amended (Sale of vessel or wreck by port operator)
Section 44(1), after "section"
insert
40C,
22 Section 44A amended (Sale of vessel or wreck by regional harbourmaster)
Section 44A(1), after "section"
insert
40C or
This Part amends the Public Transport (Passenger Safety) Act 2008 .
(1) Section 3, definitions bus station , ex officio transit officer , inspector , relevant offence and route service
omit
(2) Section 3
insert
banning notice means a notice issued under section 28A.
bus means a bus that carries passengers on a route service.
bus station includes a bus interchange.
bus stop means any of the following:
(a) if there is a bus zone – the area between the bus zone and the boundary of the land adjacent to the bus zone (including any paths in that area);
(b) if there is no bus zone but there is a sign indicating a bus stop – the area between the curb, or the edge of the road, and the boundary of the land adjacent to the road that extends 15 m in either direction;
(c) if there is no bus zone and no sign indicating a bus stop – any area beside a road, when a bus stops to pick up or let off a passenger, and the boundary of the land adjacent to the road that extends 10 m from the end of the bus to 10 m from the front of the bus.
Note for definition bus stop , paragraph (c)
This bus stop only exists while the bus is stopped to pick up or let off a passenger along the road.
ex officio transit officer means a person who is a transit officer by virtue of the person's office or position under section 7(1).
relevant offence means the following:
(a) an offence committed on a bus, at a bus stop, at a bus station or in a bus zone;
(b) an offence referred to in section 4(1).
route service means the service of providing, under contract with the Territory, a bus to carry prospective passengers along a specific route at specific times.
transit safety vehicle means a vehicle marked as a transit safety vehicle and used by transit officers under this Act.
Section 4(1)
omit , insert
(1) Each of the following offences is an offence warranting arrest :
(a) an offence against section 47, 47AA, 47A or 50 of the Summary Offences Act 1923 if committed on a bus, at a bus stop, at a bus station or in a bus zone;
(b) an offence against section 5, 7 or 8 of the Trespass Act 1987 if committed on a bus, at a bus stop, at a bus station or in a bus zone;
(c) an offence against section 241 of the Criminal Code, or an attempt to commit that offence, in relation to a bus stop, a bus station, a bus or a transit safety vehicle;
(d) any offence against the Criminal Code involving an assault if:
(i) committed on a bus, at a bus stop, at a bus station or in a bus zone; or
(ii) committed against a person on a bus, at a bus stop, at a bus station or in a bus zone; or
(iii) committed in the vicinity of a bus, a bus stop, at a bus station or in a bus zone against a transit officer exercising a power under this Act.
(1) Section 7(1)(b)
omit, insert
(b) a security officer who:
(i) holds a licence or provisional licence as a security officer under the Private Security Act 1995 ; and
(ii) is engaged by a security firm that is licensed under that Act and engaged by the Territory to carry out the functions of a security officer on buses, at bus stops, at bus stations or in bus zones;
(2) Section 7(2)(a)
omit
an inspector
insert
a security officer
(3) Section 7(2)(c)
omit , insert
(c) an ex officio transit officer who is found guilty of a disqualifying offence ceases to hold office as a transit officer.
Section 10
repeal , insert
(1) If a transit officer is charged with, or found guilty of, a disqualifying offence, the transit officer must report that fact to the Director as soon as practicable.
(2) The Director may suspend any transit officer who is charged with a disqualifying offence while the charge is being dealt with by a court.
(3) The Director must revoke the appointment of a transit officer, other than an ex officio transit officer, who is found guilty of a disqualifying offence.
(4) A transit officer commits an offence if the officer fails to comply with subsection (1).
Maximum penalty: 100 penalty units.
(5) An offence against subsection (4) is an offence of strict liability.
(1) Section 11(1), after "officer"
insert
, other than an ex officio transit officer who is a member of the Police Force,
(2) Section 11(2), after "officer"
insert
, other than an ex officio transit officer,
(3) Section 11(3), after "officer"
insert
, other than a member of the Police Force,
Section 12
repeal , insert
(1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function as a transit officer.
(2) Subsection (1) does not affect any liability that the following persons or entities would, apart from that subsection, have for the act or omission:
(a) in the case of a transit officer, other than an ex officio transit officer – the Territory;
(b) in the case of an ex officio transit officer who is a member of the Police Force – the Territory;
(c) in the case of an ex officio transit officer who is a security officer – the employer of the security officer;
(d) in the case of an ex officio transit officer who is a bus driver –the employer of the bus driver.
(3) This section is subject to Part VIIA of the Police Administration Act 1978 to the extent that it relates to the civil liability of an ex officio transit officer who is or was a member of the Police Force at the time of the act or omission.
(4) In this section:
exercise of a power includes the purported exercise of the power.
performance of a function includes the purported performance of the function.
Section 14(b)
omit , insert
(b) in any part of a bus station, or any part of bus stop that is not part of a footpath, unless it is within an area designated as an area where smoking is permitted.
Section 15, after "on a bus"
insert
, at a bus stop
Section 16
repeal , insert
A person must not consume food while on a bus.
(1) Section 17(1)(c)
omit , insert
(c) a bus stop; or
(d) a sign or equipment on a bus, at a bus station or at a bus stop.
(2) Section 17(2), after "a bus,"
insert
bus stop,
Section 18, after "on a bus"
insert
, at a bus stop
Section 19, after "on a bus"
insert
, at a bus stop
Section 21(1)
omit
, on a route service,
Section 23(b), after "station"
insert
, bus stop or bus zone
38 Section 26 amended (Power to require a person to get off bus and, on non-compliance, to remove forcibly)
(1) Section 26(1)
omit
direction while on a bus or at a bus station, the
insert
direction or banning notice while on a bus, at a bus stop or at a bus station, a
(2) Section 26(1)(a)(ii), after "the bus"
insert
stop or the bus
(3) Section 26(1), example, after " the bus "
insert
stop or the bus
(4) Section 26(5), after "from the bus"
insert
, the bus stop
39 Sections 28A to 28F inserted
After section 28, in Part 4
insert
(1) The Director may, in writing, authorise a transit officer, other than an ex officio transit officer, to exercise the power to issue banning notices.
(2) A transit officer, authorised by the Director, may issue a banning notice to a person if the officer believes on reasonable grounds that the person:
(a) engaged in offensive, threatening, violent or disorderly conduct on a bus, at a bus stop, in a bus zone or at or in the vicinity of a bus station; or
(b) damaged a bus, a transit safety vehicle, a bus stop or a bus station; or
(c) damaged property on a bus, in a transit safety vehicle, at a bus stop or at a bus station.
(3) A banning notice must be served personally on the person.
(1) If a transit officer intends to issue a banning notice to a person, the officer must inform the person of the officer's intention of issuing the notice.
(2) A contravention of subsection (1) by a transit officer does not constitute an offence.
A banning notice must include the following:
(a) the name of the banned person;
(b) a description of the conduct for which the person is being issued the notice and the grounds for the transit officer's belief that the person engaged in that conduct;
(c) the name of the transit officer issuing the notice;
(d) a description of the places to which the ban applies;
(e) the date and time when the notice is served on the person and the period of the ban;
(f) a statement that it is an offence to contravene the notice;
(g) an explanation of how the ban can be varied or revoked.
(1) A banning notice, according to its terms, bans the person from entering or remaining:
(a) in or on a bus; or
(b) in or at bus stop or bus station.
(2) A banning notice has no effect in relation to a public footpath that is part of a bus stop.
(3) The notice may ban a person for a period not exceeding the following:
(a) if the person was not previously issued a banning notice –90 days;
(b) if the person was previously issued a banning notice –180 days.
(4) The ban starts from the time the banning notice is served on the person.
(5) To enforce a banning notice, a transit officer may give a copy of the notice and a photograph of the banned person to:
(a) the Director and other transit officers; and
(b) bus operators and their employees.
(1) A person who is the subject of a banning notice may apply to the Director for it to be varied or revoked.
(2) The application must be in writing and state the reasons for the variation or revocation.
(3) The Director may, on application or on the Director's own initiative, vary or revoke a banning notice at any time by written notice given to the banned person stating the variation or revocation.
(4) A variation may include adding, varying or removing the terms or conditions of a banning notice.
Example for subsection (4)
The variation could add or remove places to which the banning notice applies.
(5) A banning notice cannot be varied to extend the period for which the notice applies.
(6) The Director may delegate any of the Director's powers and functions under this section to a person, other than the transit officer who issued the banning notice.
(1) A person commits an offence if:
(a) the person is served with a banning notice; and
(b) the person attempts to enter, enters or remains in, on or at a place contrary to the banning notice.
Maximum penalty: 20 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant has a reasonable excuse.
Note for subsection (3)
The defendant has an evidential burden in relation to this defence (see section 43BU of the Criminal Code).
40 Section 33 amended (Security cameras or surveillance devices)
Section 33, after "on a bus,"
insert
at a bus stop
41 Section 34 amended (Prosecution)
Section 34(2)
omit , insert
(2) In a proceeding for an offence against this Act, a certificate signed by the Director certifying any of the following matters is evidence of the matter:
(a) that a person named in the certificate was, on a particular day or for a particular period, a transit officer or a person authorised to commence proceedings for an offence against this Act;
(b) that a person named in the certificate was authorised to issue banning notices;
(c) that a person named in the certificate was served with a banning notice and the details of the banning notice.
n as a transit officer.(2) Subsection (1) does not affect any liability that the following persons or entities would, apart from that subsection, have for the act or omission:
(a) in the case of a transit officer, other than an ex officio transit officer – the Territory;
(b) in the case of an ex officio transit officer who is a member of the Police Force – the Territory;
(c) in the case of an ex officio transit officer who is a security officer – the employer of the security officer;
(d) in the case of an ex officio transit officer who is a bus driver –the employer of the bus driver.
(3) This section is subject to Part VIIA of the Police Administration Act 1978 to the extent that it relates to the civil liability of an ex officio transit officer who is or was a member of the Police Force at the time of the act or omission.
(4) In this section:
exercise of a power includes the purported exercise of the power.
performance of a function includes the purported performance of the function.
Section 14(b)
omit , insert
(b) in any part of a bus station, or any part of bus stop that is not part of a footpath, unless it is within an area designated as an area where smoking is permitted.
Section 15, after "on a bus"
insert
, at a bus stop
Section 16
repeal , insert
A person must not consume food while on a bus.
(1) Section 17(1)(c)
omit , insert
(c) a bus stop; or
(d) a sign or equipment on a bus, at a bus station or at a bus stop.
(2) Section 17(2), after "a bus,"
insert
bus stop,
Section 18, after "on a bus"
insert
, at a bus stop
Section 19, after "on a bus"
insert
, at a bus stop
Section 21(1)
omit
, on a route service,
Section 23(b), after "station"
insert
, bus stop or bus zone
38 Section 26 amended (Power to require a person to get off bus and, on non-compliance, to remove forcibly)
(1) Section 26(1)
omit
direction while on a bus or at a bus station, the
insert
direction or banning notice while on a bus, at a bus stop or at a bus station, a
(2) Section 26(1)(a)(ii), after "the bus"
insert
stop or the bus
(3) Section 26(1), example, after " the bus "
insert
stop or the bus
(4) Section 26(5), after "from the bus"
insert
, the bus stop
39 Sections 28A to 28F inserted
After section 28, in Part 4
insert
(1) The Director may, in writing, authorise a transit officer, other than an ex officio transit officer, to exercise the power to issue banning notices.
(2) A transit officer, authorised by the Director, may issue a banning notice to a person if the officer believes on reasonable grounds that the person:
(a) engaged in offensive, threatening, violent or disorderly conduct on a bus, at a bus stop, in a bus zone or at or in the vicinity of a bus station; or
(b) damaged a bus, a transit safety vehicle, a bus stop or a bus station; or
(c) damaged property on a bus, in a transit safety vehicle, at a bus stop or at a bus station.
(3) A banning notice must be served personally on the person.
(1) If a transit officer intends to issue a banning notice to a person, the officer must inform the person of the officer's intention of issuing the notice.
(2) A contravention of subsection (1) by a transit officer does not constitute an offence.
A banning notice must include the following:
(a) the name of the banned person;
(b) a description of the conduct for which the person is being issued the notice and the grounds for the transit officer's belief that the person engaged in that conduct;
(c) the name of the transit officer issuing the notice;
(d) a description of the places to which the ban applies;
(e) the date and time when the notice is served on the person and the period of the ban;
(f) a statement that it is an offence to contravene the notice;
(g) an explanation of how the ban can be varied or revoked.
(1) A banning notice, according to its terms, bans the person from entering or remaining:
(a) in or on a bus; or
(b) in or at bus stop or bus station.
(2) A banning notice has no effect in relation to a public footpath that is part of a bus stop.
(3) The notice may ban a person for a period not exceeding the following:
(a) if the person was not previously issued a banning notice –90 days;
(b) if the person was previously issued a banning notice –180 days.
(4) The ban starts from the time the banning notice is served on the person.
(5) To enforce a banning notice, a transit officer may give a copy of the notice and a photograph of the banned person to:
(a) the Director and other transit officers; and
(b) bus operators and their employees.
(1) A person who is the subject of a banning notice may apply to the Director for it to be varied or revoked.
(2) The application must be in writing and state the reasons for the variation or revocation.
(3) The Director may, on application or on the Director's own initiative, vary or revoke a banning notice at any time by written notice given to the banned person stating the variation or revocation.
(4) A variation may include adding, varying or removing the terms or conditions of a banning notice.
Example for subsection (4)
The variation could add or remove places to which the banning notice applies.
(5) A banning notice cannot be varied to extend the period for which the notice applies.
(6) The Director may delegate any of the Director's powers and functions under this section to a person, other than the transit officer who issued the banning notice.
(1) A person commits an offence if:
(a) the person is served with a banning notice; and
(b) the person attempts to enter, enters or remains in, on or at a place contrary to the banning notice.
Maximum penalty: 20 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant has a reasonable excuse.
Note for subsection (3)
The defendant has an evidential burden in relation to this defence (see section 43BU of the Criminal Code).
40 Section 33 amended (Security cameras or surveillance devices)
Section 33, after "on a bus,"
insert
at a bus stop
41 Section 34 amended (Prosecution)
Section 34(2)
omit , insert
(2) In a proceeding for an offence against this Act, a certificate signed by the Director certifying any of the following matters is evidence of the matter:
(a) that a person named in the certificate was, on a particular day or for a particular period, a transit officer or a person authorised to commence proceedings for an offence against this Act;
(b) that a person named in the certificate was authorised to issue banning notices;
(c) that a person named in the certificate was served with a banning notice and the details of the banning notice.
This Division amends the Rail Safety (National Uniform Legislation) Act 2012 .
Section 3(2), definition local regulations
omit
or 47
Section 5(1), definition public sector auditor
omit
(1) Section 10(1), definitions analyst and oral fluid analysis
omit
(2) Section 10(1)
insert
analyst means a person, Agency, administrative unit, entity or organisation authorised to be an analyst under section 33A or the Traffic Act 1987 .
oral fluid analysis means the analysis of saliva conducted in accordance with subsection (5).
(3) After section 10(4)
insert
(5) For the purposes of oral fluid analysis:
(a) a device approved by the Commissioner of Police under section 27B(1) of the Traffic Act 1987 must be used; and
(b) the device must be used by a person authorised by:
(i) the Commissioner of Police under section 27B(2) of the Traffic Act 1987 ; or
(ii) the Regulator under section 124(1) of the Rail Safety National Law (NT) ; and
(c) the analysis must follow the procedures for the proper use of the device prescribed under the Traffic Act 1987 .
After section 30(4)
insert
(4A) If a sample of a rail safety worker's oral fluid is taken under this Part, any prohibited drug detected by an analysis of the sample is taken to have been present in the person's body at the relevant time.
After section 30
insert
(1) A person from whom a sample of oral fluid was taken under this Part may request the authorised analyst to whom the sample was sent to provide a portion of the sample, at the person's own expense, to a medical practitioner or laboratory nominated by the person.
(2) A request under subsection (1) must be made within 6 months of the person being served with an infringement notice or a summons for an offence in relation to which the sample was taken.
(1) Section 31(1)(b), before "authorised"
insert
analyst or
(2) After section 31(1)(c)(vii)
insert
(viii) an oral fluid analysis was conducted in accordance with section 10(5);
(ix) an oral fluid sample of a rail safety worker named in the certificate was provided for the purpose of oral fluid analysis;
(x) a prohibited drug was detected by a blood test, a drug screening test or an oral fluid analysis to have been present in oral fluid or blood of the rail safety worker named in the certificate on the day and at the time specified in the certificate;
After section 33
insert
The Commissioner of Police or the Regulator may, in writing, authorise a person or organisation to be an analyst for the purposes of this Act.
This Division amends the Rail Safety (National Uniform Legislation) Regulations 2013 .
Regulation 8
repeal
This Division amends the Rail Safety (National Uniform Legislation) Act 2012 .
Section 3(2), definition local regulations
omit
or 47
Section 5(1), definition public sector auditor
omit
(1) Section 10(1), definitions analyst and oral fluid analysis
omit
(2) Section 10(1)
insert
analyst means a person, Agency, administrative unit, entity or organisation authorised to be an analyst under section 33A or the Traffic Act 1987 .
oral fluid analysis means the analysis of saliva conducted in accordance with subsection (5).
(3) After section 10(4)
insert
(5) For the purposes of oral fluid analysis:
(a) a device approved by the Commissioner of Police under section 27B(1) of the Traffic Act 1987 must be used; and
(b) the device must be used by a person authorised by:
(i) the Commissioner of Police under section 27B(2) of the Traffic Act 1987 ; or
(ii) the Regulator under section 124(1) of the Rail Safety National Law (NT) ; and
(c) the analysis must follow the procedures for the proper use of the device prescribed under the Traffic Act 1987 .
After section 30(4)
insert
(4A) If a sample of a rail safety worker's oral fluid is taken under this Part, any prohibited drug detected by an analysis of the sample is taken to have been present in the person's body at the relevant time.
After section 30
insert
(1) A person from whom a sample of oral fluid was taken under this Part may request the authorised analyst to whom the sample was sent to provide a portion of the sample, at the person's own expense, to a medical practitioner or laboratory nominated by the person.
(2) A request under subsection (1) must be made within 6 months of the person being served with an infringement notice or a summons for an offence in relation to which the sample was taken.
(1) Section 31(1)(b), before "authorised"
insert
analyst or
(2) After section 31(1)(c)(vii)
insert
(viii) an oral fluid analysis was conducted in accordance with section 10(5);
(ix) an oral fluid sample of a rail safety worker named in the certificate was provided for the purpose of oral fluid analysis;
(x) a prohibited drug was detected by a blood test, a drug screening test or an oral fluid analysis to have been present in oral fluid or blood of the rail safety worker named in the certificate on the day and at the time specified in the certificate;
After section 33
insert
The Commissioner of Police or the Regulator may, in writing, authorise a person or organisation to be an analyst for the purposes of this Act.
This Division amends the Rail Safety (National Uniform Legislation) Regulations 2013 .
Regulation 8
repeal
This Division amends the Traffic Act 1987 .
(1) Section 3(1), definitions authorised analyst , bicycle , motor vehicle and powered cycle
omit
(2) Section 3(1)
insert
authorised analyst means a person, Agency, administrative unit or entity authorised under section 19C to be an analyst.
bicycle means any of the following:
(a) a 2 or 3 wheeled vehicle with pedals designed to be propelled by human power;
(b) a 2 or 3 wheeled vehicle with pedals designed to be propelled by an engine, motor or other device with a power output not exceeding 200 W;
(c) a bicycle that meets European product safety standard EN 15194, published in 2009 and amended in 2011, entitled Cycles - Electrically power assisted cycles - EPAC bicycle .
motor vehicle , see section 5(1) of the Motor Vehicles Act 1949 .
54 Section 9 amended (Appointment of inspectors, &c.)
After section 9(2)
insert
(3) The Director may, in writing, appoint a person to be an authorised person under the Australian Road Rules .
55 Sections 10A and 10B inserted
After section 10, in Part II
insert
(1) For this Act, the Registrar may, in writing, approve types or classes of the following:
(a) helmets for use by riders and passengers of motor cycles;
(b) helmets for use by riders of bicycles;
(c) seatbelts for use by drivers and passengers in motor vehicles;
(d) seats, restraints, harnesses and other safety equipment used by children in motor vehicles.
(2) The Registrar may, in writing, authorise a person or a class of persons to be an emergency worker under the Australian Road Rules .
(1) On application, the Registrar may, in writing, grant an exemption from any provision of the Regulations if satisfied that the exemption will not result in danger or undue inconvenience to other persons.
(2) The exemption may be issued in relation to:
(a) a person or class of persons; or
(b) a vehicle or class of vehicles.
(3) The exemption must specify the following:
(a) the provision of the Regulations for which the exemption is given;
(b) the person, class of persons, vehicle or class of vehicles for which the exemption is given;
(c) the reason for the exemption;
(d) the conditions of the exemption, including the period of time for which it is given.
(4) To use and benefit from an exemption under this section, a person must comply with any conditions on the exemption.
56 Sections 19C and 19D inserted
After section 19B
insert
The Commissioner may, by Gazette notice, authorise the following to be an analyst for the analysis of saliva or blood under this Act:
(a) a person;
(b) an Agency or an administrative unit within an Agency;
(c) an entity in a State or another Territory similar to an Agency or an administrative unit in an Agency.
Example for paragraph (c)
The forensic laboratory of the police force of a State or another Territory.
An offence against this Part is taken to be a second or subsequent offence if the person was previously found guilty of any of the following offences:
(a) an offence against section 19(2), as in force before its repeal by the Transport Legislation (Drug Driving) Amendment Act 2008 , of driving with a concentration of alcohol in the person's blood equal to:
(i) 80 mg or more per 100 ml of blood; or
(ii) 150 mg per 100 ml of blood;
(b) an offence against section 8(2) of the Traffic Ordinance 1949 , as enacted by section 6 of the Traffic Ordinance (No. 3) 1973 , of driving with a concentration of alcohol in the person's blood equal to 80 milligrams or more of alcohol per 100 millilitres of blood;
(c) an offence against a law of a State or another Territory for driving a vehicle with a concentration of alcohol in the person's blood equal to 80 mg or more per 100 ml of blood.
57 Section 28 amended (Driving with certain drugs in body)
Section 28(2)(b)
omit
blood
insert
body contrary to subsection (1), as in force both before and after 1 February 2016
58 Section 29AAM amended (Licence suspension for up to 24 hours)
Section 29AAM(2)
omit , insert
(2) The notice has the following effect:
(a) the person's licence is suspended for the period commencing immediately on the person receiving the notice and ending not more than 24 hours later, as specified in the notice;
(b) the person is disqualified from driving for the same period.
(2A) The notice must:
(a) be in a form approved by the Commissioner; and
(b) inform the person of the suspension and disqualification.
59 Section 29AAN amended (Notice of immediate licence suspension and disqualification from driving)
Section 29AAN(3)
omit , insert
(3) The notice has the following effect:
(a) the person's licence is suspended immediately on the person receiving the notice;
(b) the person is immediately disqualified from driving.
(3A) The notice must:
(a) be in a form approved by the Commissioner; and
(b) inform the person of the suspension and disqualification; and
(c) include a statement of the person's right to appeal to the Local Court against the suspension and disqualification.
(3B) On receiving the notice, the person must surrender to a police officer any licence document the person holds.
(3C) The suspension and disqualification continue until the earlier of the following:
(a) any day the notice is revoked;
(b) any day the charge of the immediate suspension offence is withdrawn;
(c) any day a court:
(i) finds the person not guilty of the offence; or
(ii) discharges the person without conviction for the offence; or
(iii) sentences the person for the offence.
60 Section 29AAP amended (Offences)
After section 29AAP(2)
insert
(3) A person who is given a notice under section 29AAM or 29AAN must not, while the person's licence is suspended, drive a motor vehicle in the Territory or elsewhere.
Maximum penalty: Imprisonment for 12 months.
(4) An offence against subsection (3) is an offence of strict liability.
61 Section 29AW repealed (Protection from liability)
Section 29AW
repeal
62 Section 30 amended (Dangerous driving)
(1) Section 30(1)
omit
negligently or
(2) Section 30(4)
omit , insert
(4) A member of the Northern Territory Fire and Rescue Service, as defined in section 5(1) of the Fire and Emergency Act 1996 , who drives a vehicle at a speed dangerous to the public does not commit an offence against subsection (1) if:
(a) the vehicle is being driven to a place in answer to a call for the services of the Northern Territory Fire and Rescue Service, or while it is in use at a fire or other emergency; and
(b) the driver is taking reasonable care in the manner of driving; and
(c) the necessity for the speed of driving outweighs the risk to public safety posed by that speed; and
(d) the vehicle is displaying a blue or red flashing light or sounding an alarm or siren.
(4A) A driver of an ambulance who drives a vehicle at a speed dangerous to the public does not commit an offence against subsection (1) if:
(a) the ambulance is being driven in the execution of the driver's duties; and
(b) the driver is taking reasonable care in the manner of driving; and
(c) the necessity for the speed of driving outweighs the risk to public safety posed by that speed; and
(d) the vehicle is displaying a blue or red flashing light or sounding an alarm or siren.
63 Section 30A amended (Driving at dangerous speed)
Section 30A(3)
omit , insert
(3) A member of the Northern Territory Fire and Rescue Service, as defined in section 5(1) of the Fire and Emergency Act 1996 , who drives a vehicle at a speed dangerous to the public does not commit an offence against subsection (1) if:
(a) the vehicle is being driven to a place in answer to a call for the services of the Northern Territory Fire and Rescue Service, or while it is in use at a fire or other emergency; and
(b) the driver is taking reasonable care in the manner of driving; and
(c) the necessity for the speed of driving outweighs the risk to public safety posed by that speed; and
(d) the vehicle is displaying a blue or red flashing light or sounding an alarm or siren.
(3A) A driver of an ambulance who drives a vehicle at a speed dangerous to the public does not commit an offence against subsection (1) if:
(a) the ambulance is being driven in the execution of the driver's duties; and
(b) the driver is taking reasonable care in the manner of driving; and
(c) the necessity for the speed of driving outweighs the risk to public safety posed by that speed; and
(d) the vehicle is displaying a blue or red flashing light or sounding an alarm or siren.
After section 30A
insert
(1) A person commits an offence if:
(a) the person drives a motor vehicle; and
(b) the manner of that driving does not meet the standard of care and attention that is expected of a prudent and competent driver who would drive with the level of caution appropriate in the circumstances of the driver; and
(c) the manner of that driving results in the death of a person.
Maximum penalty 60 penalty units or imprisonment for 2 years.
(2) A person commits an offence if:
(a) the person drives a motor vehicle; and
(b) the manner of that driving does not meet the standard of care and attention that is expected of a prudent and competent driver who would drive with the level of caution appropriate in the circumstances of the driver; and
(c) the manner of that driving results in serious harm to a person.
Maximum penalty 40 penalty units or imprisonment for 18 months.
(3) A person commits an offence if:
(a) the person drives a vehicle; and
(b) the manner of that driving does not meet the standard of care and attention that is expected of a prudent and competent driver who would drive with the level of caution appropriate in the circumstances of the driver.
Maximum penalty 20 penalty units or imprisonment for 6 months.
(4) An offence against subsection (1), (2) or (3) is an offence of strict liability.
(5) It is a defence to a prosecution for an offence against subsection (1), (2) or (3) if:
(a) the defendant, before or while driving, considered whether or not facts existed and was under a mistaken but reasonable belief about those facts; and
(b) the mistaken belief was of a kind that a prudent and competent driver may have made driving with the level of caution appropriate in the same circumstances as the defendant; and
(c) had those facts existed, the manner of that driving would not have constituted an offence.
Note for subsection (5)
The defendant has an evidential burden in relation to this defence (see section 43BU of the Criminal Code).
(6) For subsection (5), a person may be regarded as having considered whether or not facts existed if:
(a) the person considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and
(b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.
(7) Despite section 43AN(1)(b) and (2)(b) of the Criminal Code, section 43AX of the Criminal Code does not apply to an offence against subsection (1), (2) or (3).
Section 51
repeal, insert
(1) Subject to subsection (2), an offence against, a contravention of or a failure to comply with a provision of this Act, other than the following sections, is a regulatory offence:
(a) section 29AAYD(2);
(b) section 29AF(4) and (5);
(c) section 29AT(1), (2), (4) and (5);
(d) section 29AU(2);
(e) section 30(1);
(f) section 30A(1);
(g) section 31(1);
(h) section 49(1) and (2).
(2) Part IIAA of the Criminal Code applies to an offence against the following:
(a) section 29AAP(3);
(b) section 30B(1), (2) or (3);
(c) a regulation that provides that Part IIAA applies to it.
Note for subsection (2)
Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
(1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function as any of the following under this Act:
(a) the Director;
(b) the Deputy Director;
(c) the Commissioner;
(d) the Registrar;
(e) an inspector or officer who is a public sector employee;
(f) police officer;
(g) a person assisting a police officer.
(2) Subsection (1) does not affect any liability the Territory would, apart from that subsection, have for the act or omission.
(3) This section is subject to Part VIIA of the Police Administration Act 1978 to the extent that it relates to the civil liability of a person who is or has been a police officer at the time of the act or omission.
(4) In this section:
exercise of a power includes the purported exercise of the power.
performance of a function includes the purported performance of the function.
After section 60
insert
In this Part:
commencement means the commencement of section 69 of the Transport Legislation Amendment Act 2022 .
The authorisation of a person, Agency, administrative unit, entity or organisation to be an analyst, under regulation 60 of the Traffic Regulations 1999 as in force before the commencement, is valid, and is taken to have been valid, on and from the date it was made.
The appointment by the Director of a person to be an authorised person for the purposes of the Australian Road Rules or a provision of the Australian Road Rules , made under regulation 81B of the Traffic Regulations 1999 as in force before the commencement, is valid, and is taken to have been valid, on and from the date it was made.
amendedThis Division amends the Traffic Regulations 1999 .
68 Regulation 18 amended (Careless walking or riding)
(1) Regulation 18, heading
omit
or riding
insert
and disorderly driving
(2) Regulation 18(1)
omit
, or drive a vehicle,
69 Regulations 60 and 81B repealed
Regulations 60 and 81B
repeal
(1) Regulation 81C(1)(f)
omit
subregulation (2)
insert
section 10A(2) of the Act
(2) Regulation 81C(2) and (3)
omit
(1) Regulation 87A, heading
omit
Form of traffic
insert
Traffic
(2) Regulation 87A(2)
omit , insert
(2) A person commits an offence if:
(a) the person erects, establishes, places, displays, operates, uses, maintains, alters or removes a worksite traffic control device; and
(b) that conduct results in the worksite traffic control device not complying with the Standard of that kind of device.
Maximum penalty: 20 penalty units or imprisonment for 6 months.
(3) An offence against subregulation (2) is an offence of strict liability.
(4) Part IIAA of the Criminal Code applies to an offence against subregulation (1).
Note for subregulation (4)
Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
(5) In this regulation:
Standard means Australian Standard AS 1742.3:2019 – Manual of uniform traffic control devices, Part 3 Traffic control for works on roads.
work site traffic control device means a traffic control device that:
(a) is a sign, delineation device or other kind of device; and
(b) provides essential information to warn, instruct and guide road users around, through or past work sites.
72 Regulation 90 repealed (Exemption of persons or vehicles)
Regulation 90
repeal
Regulation 92
repeal , insert
An offence against these Regulations is a regulatory offence other than the following:
(a) regulation 9(4), (5) and (6);
(b) regulation 26(3)(a) and (c);
(c) regulation 87A(2).
74 Schedule 1 amended (Traffic infringement notice offences)
(1) Schedule 1, item 23
omit
|
Drive without due care and cause minor (non-injury) accident |
TR 18(1) |
150 | |
insert
|
Drive carelessly (no injury) |
TA 30B(3) |
150 | |
(2) Schedule 1, item 26, at the end
insert
|
Traffic control device offence |
TR 87A(2) |
400 for individual 2 000 for body corporate | |
This Division amends the Traffic Act 1987 .
(1) Section 3(1), definitions authorised analyst , bicycle , motor vehicle and powered cycle
omit
(2) Section 3(1)
insert
authorised analyst means a person, Agency, administrative unit or entity authorised under section 19C to be an analyst.
bicycle means any of the following:
(a) a 2 or 3 wheeled vehicle with pedals designed to be propelled by human power;
(b) a 2 or 3 wheeled vehicle with pedals designed to be propelled by an engine, motor or other device with a power output not exceeding 200 W;
(c) a bicycle that meets European product safety standard EN 15194, published in 2009 and amended in 2011, entitled Cycles - Electrically power assisted cycles - EPAC bicycle .
motor vehicle , see section 5(1) of the Motor Vehicles Act 1949 .
54 Section 9 amended (Appointment of inspectors, &c.)
After section 9(2)
insert
(3) The Director may, in writing, appoint a person to be an authorised person under the Australian Road Rules .
55 Sections 10A and 10B inserted
After section 10, in Part II
insert
(1) For this Act, the Registrar may, in writing, approve types or classes of the following:
(a) helmets for use by riders and passengers of motor cycles;
(b) helmets for use by riders of bicycles;
(c) seatbelts for use by drivers and passengers in motor vehicles;
(d) seats, restraints, harnesses and other safety equipment used by children in motor vehicles.
(2) The Registrar may, in writing, authorise a person or a class of persons to be an emergency worker under the Australian Road Rules .
(1) On application, the Registrar may, in writing, grant an exemption from any provision of the Regulations if satisfied that the exemption will not result in danger or undue inconvenience to other persons.
(2) The exemption may be issued in relation to:
(a) a person or class of persons; or
(b) a vehicle or class of vehicles.
(3) The exemption must specify the following:
(a) the provision of the Regulations for which the exemption is given;
(b) the person, class of persons, vehicle or class of vehicles for which the exemption is given;
(c) the reason for the exemption;
(d) the conditions of the exemption, including the period of time for which it is given.
(4) To use and benefit from an exemption under this section, a person must comply with any conditions on the exemption.
56 Sections 19C and 19D inserted
After section 19B
insert
The Commissioner may, by Gazette notice, authorise the following to be an analyst for the analysis of saliva or blood under this Act:
(a) a person;
(b) an Agency or an administrative unit within an Agency;
(c) an entity in a State or another Territory similar to an Agency or an administrative unit in an Agency.
Example for paragraph (c)
The forensic laboratory of the police force of a State or another Territory.
An offence against this Part is taken to be a second or subsequent offence if the person was previously found guilty of any of the following offences:
(a) an offence against section 19(2), as in force before its repeal by the Transport Legislation (Drug Driving) Amendment Act 2008 , of driving with a concentration of alcohol in the person's blood equal to:
(i) 80 mg or more per 100 ml of blood; or
(ii) 150 mg per 100 ml of blood;
(b) an offence against section 8(2) of the Traffic Ordinance 1949 , as enacted by section 6 of the Traffic Ordinance (No. 3) 1973 , of driving with a concentration of alcohol in the person's blood equal to 80 milligrams or more of alcohol per 100 millilitres of blood;
(c) an offence against a law of a State or another Territory for driving a vehicle with a concentration of alcohol in the person's blood equal to 80 mg or more per 100 ml of blood.
57 Section 28 amended (Driving with certain drugs in body)
Section 28(2)(b)
omit
blood
insert
body contrary to subsection (1), as in force both before and after 1 February 2016
58 Section 29AAM amended (Licence suspension for up to 24 hours)
Section 29AAM(2)
omit , insert
(2) The notice has the following effect:
(a) the person's licence is suspended for the period commencing immediately on the person receiving the notice and ending not more than 24 hours later, as specified in the notice;
(b) the person is disqualified from driving for the same period.
(2A) The notice must:
(a) be in a form approved by the Commissioner; and
(b) inform the person of the suspension and disqualification.
59 Section 29AAN amended (Notice of immediate licence suspension and disqualification from driving)
Section 29AAN(3)
omit , insert
(3) The notice has the following effect:
(a) the person's licence is suspended immediately on the person receiving the notice;
(b) the person is immediately disqualified from driving.
(3A) The notice must:
(a) be in a form approved by the Commissioner; and
(b) inform the person of the suspension and disqualification; and
(c) include a statement of the person's right to appeal to the Local Court against the suspension and disqualification.
(3B) On receiving the notice, the person must surrender to a police officer any licence document the person holds.
(3C) The suspension and disqualification continue until the earlier of the following:
(a) any day the notice is revoked;
(b) any day the charge of the immediate suspension offence is withdrawn;
(c) any day a court:
(i) finds the person not guilty of the offence; or
(ii) discharges the person without conviction for the offence; or
(iii) sentences the person for the offence.
60 Section 29AAP amended (Offences)
After section 29AAP(2)
insert
(3) A person who is given a notice under section 29AAM or 29AAN must not, while the person's licence is suspended, drive a motor vehicle in the Territory or elsewhere.
Maximum penalty: Imprisonment for 12 months.
(4) An offence against subsection (3) is an offence of strict liability.
61 Section 29AW repealed (Protection from liability)
Section 29AW
repeal
62 Section 30 amended (Dangerous driving)
(1) Section 30(1)
omit
negligently or
(2) Section 30(4)
omit , insert
(4) A member of the Northern Territory Fire and Rescue Service, as defined in section 5(1) of the Fire and Emergency Act 1996 , who drives a vehicle at a speed dangerous to the public does not commit an offence against subsection (1) if:
(a) the vehicle is being driven to a place in answer to a call for the services of the Northern Territory Fire and Rescue Service, or while it is in use at a fire or other emergency; and
(b) the driver is taking reasonable care in the manner of driving; and
(c) the necessity for the speed of driving outweighs the risk to public safety posed by that speed; and
(d) the vehicle is displaying a blue or red flashing light or sounding an alarm or siren.
(4A) A driver of an ambulance who drives a vehicle at a speed dangerous to the public does not commit an offence against subsection (1) if:
(a) the ambulance is being driven in the execution of the driver's duties; and
(b) the driver is taking reasonable care in the manner of driving; and
(c) the necessity for the speed of driving outweighs the risk to public safety posed by that speed; and
(d) the vehicle is displaying a blue or red flashing light or sounding an alarm or siren.
63 Section 30A amended (Driving at dangerous speed)
Section 30A(3)
omit , insert
(3) A member of the Northern Territory Fire and Rescue Service, as defined in section 5(1) of the Fire and Emergency Act 1996 , who drives a vehicle at a speed dangerous to the public does not commit an offence against subsection (1) if:
(a) the vehicle is being driven to a place in answer to a call for the services of the Northern Territory Fire and Rescue Service, or while it is in use at a fire or other emergency; and
(b) the driver is taking reasonable care in the manner of driving; and
(c) the necessity for the speed of driving outweighs the risk to public safety posed by that speed; and
(d) the vehicle is displaying a blue or red flashing light or sounding an alarm or siren.
(3A) A driver of an ambulance who drives a vehicle at a speed dangerous to the public does not commit an offence against subsection (1) if:
(a) the ambulance is being driven in the execution of the driver's duties; and
(b) the driver is taking reasonable care in the manner of driving; and
(c) the necessity for the speed of driving outweighs the risk to public safety posed by that speed; and
(d) the vehicle is displaying a blue or red flashing light or sounding an alarm or siren.
After section 30A
insert
(1) A person commits an offence if:
(a) the person drives a motor vehicle; and
(b) the manner of that driving does not meet the standard of care and attention that is expected of a prudent and competent driver who would drive with the level of caution appropriate in the circumstances of the driver; and
(c) the manner of that driving results in the death of a person.
Maximum penalty 60 penalty units or imprisonment for 2 years.
(2) A person commits an offence if:
(a) the person drives a motor vehicle; and
(b) the manner of that driving does not meet the standard of care and attention that is expected of a prudent and competent driver who would drive with the level of caution appropriate in the circumstances of the driver; and
(c) the manner of that driving results in serious harm to a person.
Maximum penalty 40 penalty units or imprisonment for 18 months.
(3) A person commits an offence if:
(a) the person drives a vehicle; and
(b) the manner of that driving does not meet the standard of care and attention that is expected of a prudent and competent driver who would drive with the level of caution appropriate in the circumstances of the driver.
Maximum penalty 20 penalty units or imprisonment for 6 months.
(4) An offence against subsection (1), (2) or (3) is an offence of strict liability.
(5) It is a defence to a prosecution for an offence against subsection (1), (2) or (3) if:
(a) the defendant, before or while driving, considered whether or not facts existed and was under a mistaken but reasonable belief about those facts; and
(b) the mistaken belief was of a kind that a prudent and competent driver may have made driving with the level of caution appropriate in the same circumstances as the defendant; and
(c) had those facts existed, the manner of that driving would not have constituted an offence.
Note for subsection (5)
The defendant has an evidential burden in relation to this defence (see section 43BU of the Criminal Code).
(6) For subsection (5), a person may be regarded as having considered whether or not facts existed if:
(a) the person considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and
(b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.
(7) Despite section 43AN(1)(b) and (2)(b) of the Criminal Code, section 43AX of the Criminal Code does not apply to an offence against subsection (1), (2) or (3).
Section 51
repeal, insert
(1) Subject to subsection (2), an offence against, a contravention of or a failure to comply with a provision of this Act, other than the following sections, is a regulatory offence:
(a) section 29AAYD(2);
(b) section 29AF(4) and (5);
(c) section 29AT(1), (2), (4) and (5);
(d) section 29AU(2);
(e) section 30(1);
(f) section 30A(1);
(g) section 31(1);
(h) section 49(1) and (2).
(2) Part IIAA of the Criminal Code applies to an offence against the following:
(a) section 29AAP(3);
(b) section 30B(1), (2) or (3);
(c) a regulation that provides that Part IIAA applies to it.
Note for subsection (2)
Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
(1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function as any of the following under this Act:
(a) the Director;
(b) the Deputy Director;
(c) the Commissioner;
(d) the Registrar;
(e) an inspector or officer who is a public sector employee;
(f) police officer;
(g) a person assisting a police officer.
(2) Subsection (1) does not affect any liability the Territory would, apart from that subsection, have for the act or omission.
(3) This section is subject to Part VIIA of the Police Administration Act 1978 to the extent that it relates to the civil liability of a person who is or has been a police officer at the time of the act or omission.
(4) In this section:
exercise of a power includes the purported exercise of the power.
performance of a function includes the purported performance of the function.
After section 60
insert
In this Part:
commencement means the commencement of section 69 of the Transport Legislation Amendment Act 2022 .
The authorisation of a person, Agency, administrative unit, entity or organisation to be an analyst, under regulation 60 of the Traffic Regulations 1999 as in force before the commencement, is valid, and is taken to have been valid, on and from the date it was made.
The appointment by the Director of a person to be an authorised person for the purposes of the Australian Road Rules or a provision of the Australian Road Rules , made under regulation 81B of the Traffic Regulations 1999 as in force before the commencement, is valid, and is taken to have been valid, on and from the date it was made.
amendedThis Division amends the Traffic Regulations 1999 .
68 Regulation 18 amended (Careless walking or riding)
(1) Regulation 18, heading
omit
or riding
insert
and disorderly driving
(2) Regulation 18(1)
omit
, or drive a vehicle,
69 Regulations 60 and 81B repealed
Regulations 60 and 81B
repeal
(1) Regulation 81C(1)(f)
omit
subregulation (2)
insert
section 10A(2) of the Act
(2) Regulation 81C(2) and (3)
omit
(1) Regulation 87A, heading
omit
Form of traffic
insert
Traffic
(2) Regulation 87A(2)
omit , insert
(2) A person commits an offence if:
(a) the person erects, establishes, places, displays, operates, uses, maintains, alters or removes a worksite traffic control device; and
(b) that conduct results in the worksite traffic control device not complying with the Standard of that kind of device.
Maximum penalty: 20 penalty units or imprisonment for 6 months.
(3) An offence against subregulation (2) is an offence of strict liability.
(4) Part IIAA of the Criminal Code applies to an offence against subregulation (1).
Note for subregulation (4)
Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
(5) In this regulation:
Standard means Australian Standard AS 1742.3:2019 – Manual of uniform traffic control devices, Part 3 Traffic control for works on roads.
work site traffic control device means a traffic control device that:
(a) is a sign, delineation device or other kind of device; and
(b) provides essential information to warn, instruct and guide road users around, through or past work sites.
72 Regulation 90 repealed (Exemption of persons or vehicles)
Regulation 90
repeal
Regulation 92
repeal , insert
An offence against these Regulations is a regulatory offence other than the following:
(a) regulation 9(4), (5) and (6);
(b) regulation 26(3)(a) and (c);
(c) regulation 87A(2).
74 Schedule 1 amended (Traffic infringement notice offences)
(1) Schedule 1, item 23
omit
|
Drive without due care and cause minor (non-injury) accident |
TR 18(1) |
150 | |
insert
|
Drive carelessly (no injury) |
TA 30B(3) |
150 | |
(2) Schedule 1, item 26, at the end
insert
|
Traffic control device offence |
TR 87A(2) |
400 for individual 2 000 for body corporate | |
This Act is repealed on the day after it commences.