{"id":"road-traffic-act-1961","name":"Road Traffic Act 1961","slug":"road-traffic-act-1961","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106692,"registerId":"sa-road-traffic-act-1961-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"47F","sectionType":"section","heading":"Schedule 1 further regulates oral fluid and blood sample processes","content":"47F\tSchedule 1 further regulates oral fluid and blood sample processes\n47GA\tBreath analysis where drinking occurs after driving\n47GB\tOral fluid analysis or blood test where consumption of prescribed drug occurs after driving\n","sortOrder":0},{"sectionNumber":"47H","sectionType":"section","heading":"Approval of apparatus and kits for breath analysis etc","content":"47H\tApproval of apparatus and kits for breath analysis etc\n","sortOrder":1},{"sectionNumber":"47I","sectionType":"section","heading":"Compulsory blood tests","content":"47I\tCompulsory blood tests\n47IAA\tPower of police to impose immediate licence disqualification or suspension\n47IAB\tApplication to Court to have disqualification or suspension lifted\n47IA\tCertain offenders to attend lectures\n47J\tRecurrent offenders\n47K\tEvidence\nDivision 6—Traffic speed analysers and radar detectors and jammers\n53A\tApproval of apparatus as traffic speed analysers\n53B\tSale and seizure of radar detectors, jammers and similar devices\nDivision 7—Photographic detection devices\n79A\tApproval of apparatus as photographic detection devices\n79B\tProvisions applying where certain offences are detected by photographic detection devices\n79BA\tInstallation etc of photographic detection devices\n79C\tInterference with photographic detection devices\n79D\tReport on Community Road Safety Fund\nDivision 8—Australian Road Rules and ancillary or miscellaneous regulations\n80\tAustralian Road Rules and ancillary or miscellaneous regulations\nDivision 9—Miscellaneous provisions\n81\tInterpretation\n82\tSpeed limit while passing school bus\n82A\tSpeed limit while passing breakdown services vehicle\n83\tSpeed in emergency service speed zone\n85\tControl of parking near Parliament House\n86\tCouncil may determine that ticket for parking be obtained without fee\n86A\tParking where ticket required without payment of fee\n87\tWalking without care or consideration\n91\tDuty to comply with direction of authorised person\n95\tRiding without driver's consent\n99A\tRiders on footpaths etc to give warning\n99B\tWheeled recreational devices and wheeled toys\n107\tDamage to road infrastructure\n107A\tVehicle fitted with metal tyres\n108\tDepositing material on roads\n110\tDriving on sealed surface\n110AAAA\tCertain provisions not to apply to drivers of emergency vehicles\nPart 3A—Vehicle identification\n110A\tInterpretation\n110B\tMotor vehicle or trailer must bear vehicle identification plate\n110C\tOffences\nPart 4—Vehicle standards, mass and loading requirements and safety provisions applying to light vehicles\nDivision 1—Light vehicle standards\n111\tRules prescribing light vehicle standards\nDivision 2—Light vehicle mass and loading requirements\n113\tRegulations prescribing light vehicle mass and loading requirements\nDivision 3A—Provisions relating to breaches of light vehicle standards or maintenance requirements\n116\tMeaning of breach of light vehicle standards or maintenance requirement\n117\tLiability of driver\n118\tLiability of operator\nDivision 3B—Provisions relating to breaches of light vehicle mass, dimension and load restraint requirements\nSubdivision 1—Preliminary\n119\tMeaning of breach of light vehicle mass, dimension or load restraint requirement\nSubdivision 3—Liability for breaches of light vehicle mass, dimension or load restraint requirements\n123\tLiability of driver\n124\tLiability of operator\nDivision 4—Enforcement powers\nSubdivision 1—Defect notices relating to breaches of light vehicle standards or maintenance requirements\n145\tDefect notices\nSubdivision 2—Powers relating to breaches of light vehicle mass, dimension or load restraint requirements\n146\tDirections and authorisations\nDivision 5—Further safety provisions\n161A\tDriving of certain light vehicles subject to Ministerial approval\n162A\tSeat belts and child restraints\n162B\tSafety helmets for riders\n162C\tSafety helmets and riders of wheeled recreational devices and wheeled toys\nDivision 7—Power of exemption\n163AA\tPower of exemption\nPart 4A—Central Inspection Authority\n163A\tThe Authority\n163C\tApplication of Part\n163D\tInspection of vehicles and issue of certificates of inspection\n163E\tInspection of vehicles\n163F\tCancellation of certificates of inspection\n163G\tInspection of certificates\n163GA\tMaintenance records\n163I\tEvidentiary\n163J\tRecognition of interstate certificates of inspection\n163K\tLimitation of liability\nPart 4C—General compensation orders\n163ZC\tCompensation orders for damage to road infrastructure\n163ZD\tAssessment of compensation\n163ZE\tService of certificates\n163ZF\tLimits on amount of compensation\n163ZG\tCosts\n163ZH\tRelationship with orders or awards of other courts and tribunals\nPart 5—Supplementary provisions\n164A\tOffences and penalties\n164B\tApproval or exemption does not operate in favour of person who contravenes a condition\n165\tFalse statements\n166\tDouble jeopardy\n167\tCausing or permitting certain offences\n168\tPower of court to make orders relating to licences or registration\n169A\tPower to postpone commencement of disqualification\n169B\tEffect of imprisonment on disqualification\n170\tDisqualification where vehicle used for criminal purposes\n172\tRemoval of disqualification\n173\tAppeals and suspension of disqualification\n173A\tDefence relating to registered owner or operator\n173AB\tFurther defences\n173B\tService of notices etc on owners of vehicles\n174\tLiability when hired vehicles driven for hire\n174A\tLiability of vehicle owners and expiation of certain offences\n174AB\tMarking of tyres for parking purposes\n174B\tFurther offence for continued parking contravention\n174C\tCouncil may grant exemptions from certain provisions\n174D\tProceedings for certain offences may only be taken by certain officers or with certain approvals\n174E\tPresumption as to commencement of proceedings\n174G\tDismissal or other victimisation of employee or contractor assisting with or reporting breaches\n174H\tFalse or misleading information provided between responsible persons\n174I\tAmendment or revocation of directions or conditions\n174J\tMinister may provide information to corresponding Authorities\n174K\tContracting out prohibited\n175\tEvidence\n175A\tAverage speed evidence\n175B\tEvidence relating to use of devices in or on vehicles\n176\tRegulations, rules and fee notices\n177\tInconsistency of by-laws\nSchedule 1—Oral fluid and blood sample processes\n1\tInterpretation\n1A\tApproval of couriers\nPart 2—Processes relating to blood samples under Part 3 Division 5\n2\tBlood sample processes generally\n4\tPolice officer to be present when blood sample taken\n5\tCost of blood tests under certain sections\n6\tProvisions relating to medical practitioners etc\nPart 3—Processes relating to oral fluid samples under section 47EAA\n7\tOral fluid sample processes\nPart 4—Other provisions relating to oral fluid or blood samples under Part 3 Division 5\n8\tOral fluid or blood sample or results of analysis etc not to be used for other purposes\n9\tDestruction of oral fluid or blood sample taken under Part 3 Division 5\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Road Traffic Act 1961.\n2—Crown is bound\n\t(1)\tThis Act binds the Crown in right of the State and also, so far as the legislative power of the State extends, in all its other capacities.\n\t(2)\tNo criminal liability attaches to the Crown itself (as distinct from its agents, instrumentalities, officers and employees) under this Act.\n5—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\naccident includes—\n\t(a)\ta collision between 2 or more vehicles; or\n\t(b)\tany other accident or incident involving a vehicle in which a person is killed or injured, property is damaged, or an animal in someone's charge is killed or injured;\nair cushioned vehicle means a motor vehicle (commonly known as a ground effect machine or hovercraft) which is supported during operation, above land or water, by air vertically displaced by means of the power plant of the vehicle;\narea means a municipality or district council district;\narticulated motor vehicle means a combination consisting of a prime mover towing one semi-trailer;\nAustralian Authority means the Minister, the Registrar of Motor Vehicles or a corresponding Authority;\nAustralian road law means a road law or a corresponding road law;\nAustralian road law offence means an offence against an Australian road law;\nauthorised officer means—\n\t(a)\ta person appointed as an authorised officer under section 35 or a person of a class of persons appointed as authorised officers under that section; or\n\t(b)\ta police officer;\naxle means one or more shafts positioned in a line across a vehicle, on which one or more wheels intended to support the vehicle turn;\naxle group means a single axle group, tandem axle group, twinsteer axle group, tri‑axle group or quad-axle group;\nbicycle means a device or vehicle prescribed by regulation as a bicycle for the purposes of this definition;\nbody corporate includes the Crown in any capacity and any body or entity that is not a natural person;\nbreach of a light vehicle mass, dimension or load restraint requirement—see section 119;\nbreach of a light vehicle standards or maintenance requirement—see section 116;\nbus means a motor vehicle built mainly to carry people that seats over 12 adults (including the driver);\ncapabilities of a vehicle means the functional capabilities of the vehicle or any of its components, as determined by the vehicle's manufacturer or by an Australian Authority, and includes—\n\t(a)\tits GCM and GVM; and\n\t(b)\tits speed capabilities;\ncombination means a group of vehicles consisting of a motor vehicle towing 1 or more vehicles;\ncondition includes a limitation;\nconduct means an act, or an omission to perform an act, or a state of affairs;\ncontravene includes fail to comply with;\ncorresponding Authority means—\n\t(a)\tthe Authority as defined in a corresponding road law (except in the case of a jurisdiction for which a declaration is made under paragraph (b)); or\n\t(b)\ta person declared under the regulations to be the corresponding Authority for another jurisdiction for the purposes of this Act;\ncorresponding law means a law of another jurisdiction that is declared under the regulations to be a corresponding law;\ncorresponding road law means—\n\t(a)\ta law declared under the regulations to be a corresponding road law for another jurisdiction for the purposes of this Act; or\n\t(b)\texcept in the case of a jurisdiction for which a declaration is made under paragraph (a), a road law, or applicable road law, as defined in a corresponding law;\ncouncil means a municipal or district council;\ndrink driving offence means—\n\t(a)\tan offence against section 47(1) or (1a) involving the driving of a motor vehicle, or attempting to put a motor vehicle in motion, while so much under the influence of intoxicating liquor as to be incapable of exercising effective control of the vehicle; or\n\t(b)\tan offence against section 47B(1), 47B(1a), 47E(3), 47E(3a), 47I(7) or 47I(14);\ndrive a vehicle includes be in control of the steering, movement or propulsion of the vehicle;\ndriver of a vehicle (other than a motor bike, bicycle, personal mobility device, animal or animal‑drawn vehicle) means the person driving the vehicle but does not include a person pushing a motorised wheelchair;\ndriver's licence means a licence under the Motor Vehicles Act 1959 and includes a learner's permit;\ndrug driving offence means—\n\t(a)\tan offence against section 47(1) or (1a) involving the driving of a motor vehicle, or attempting to put a motor vehicle in motion, while so much under the influence of a drug as to be incapable of exercising effective control of the vehicle; or\n\t(b)\tan offence against section 47BA(1), 47BA(1a), 47EAA(9), 47EAA(9a), 47I(7) or 47I(14);\nemployee means a natural person who works under a contract of employment, apprenticeship or training or a contract for services;\nemployer means a person who employs persons under—\n\t(a)\tcontracts of employment, apprenticeship or training; or\n\t(b)\tcontracts for services;\nengage in conduct means—\n\t(a)\tdo an act; or\n\t(b)\tomit to perform an act;\nequipment, in relation to a vehicle, includes tools, devices and accessories in or on the vehicle;\nextract from a record, device or other thing means a copy of any information contained in the record, device or other thing;\ngarage address of a vehicle means—\n\t(a)\tin the case of a vehicle normally kept at a depot when not in use—the principal depot of the vehicle; or\n\t(b)\tin any other case—the address of the place of business or residence at which the vehicle is normally kept when not in use;\nGCM of a vehicle means the greatest possible sum of the maximum loaded mass of the vehicle and of any vehicles that may lawfully be towed by it at any one time—\n\t(a)\tas specified by the vehicle's manufacturer; or\n\t(b)\tas specified by an Australian Authority if—\n\t(i)\tthe manufacturer has not specified the sum of the maximum loaded mass; or\n\t(ii)\tthe manufacturer cannot be identified; or\n\t(iii)\tthe vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate;\ngoods includes—\n\t(a)\tanimals (whether alive or dead); and\n\t(b)\ta container (whether empty or not),\nbut does not include—\n\t(c)\tpeople; or\n\t(d)\tfuel, water, lubricants and readily removable equipment required for the normal use of the vehicle in which they are carried; or\n\t(e)\tpersonal items used by the driver of the vehicle, or someone else necessary for the normal use of the vehicle, in which they are carried;\nGVM of a vehicle means the maximum loaded mass of the vehicle—\n\t(a)\tas specified by the vehicle's manufacturer; or\n\t(b)\tas specified by an Australian Authority if—\n\t(i)\tthe manufacturer has not specified a maximum loaded mass; or\n\t(ii)\tthe manufacturer cannot be identified; or\n\t(iii)\tthe vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate;\nheavy vehicle means a vehicle that is a heavy vehicle for the purposes of the Heavy Vehicle National Law (South Australia);\nHeavy Vehicle National Law (South Australia) has the same meaning as in the Heavy Vehicle National Law (South Australia) Act 2013;\nHeavy Vehicle National Regulations (South Australia) has the same meaning as in the Heavy Vehicle National Law (South Australia) Act 2013;\nhome address of a person means—\n\t(a)\tin the case of a natural person—the person's residential address or place of abode in Australia; or\n\t(b)\tin the case of a body corporate that has a registered office in Australia—the address of the registered office; or\n\t(c)\tin any other case—the address of the person's principal or only place of business in Australia;\ninstallation, in relation to a traffic control device, includes the painting or formation of any marks or structure that constitute, or form part of, the traffic control device;\nintelligent transport system means a system involving the use of electronic or other technology (whether located in or on a vehicle, or on or near a road, or elsewhere) that has the capacity and capability to monitor, collect, store, display, analyse, transmit or report information relating to—\n\t(a)\ta vehicle or its equipment or load, the driver of a vehicle, the operator of a fleet of vehicles or another person involved in road transport; and\n\t(b)\twithout limiting the above, the operation of a vehicle in relation to its legal entitlements;\njourney documentation means any documentation (other than transport documentation) directly or indirectly associated with—\n\t(a)\tthe actual or proposed physical transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or\n\t(b)\tgoods or passengers themselves so far as the documentation is relevant to their actual or proposed physical transport,\nwhether the documentation is in paper, electronic or any other form, and whether or not the documentation has been transmitted physically, electronically or in any other manner, and whether or not the documentation relates to a particular journey or to journeys generally, and includes (for example) any of the following:\n\t(c)\trecords kept, used or obtained by a responsible person in connection with the transport of the goods or passengers;\n\t(d)\tworkshop, maintenance and repair records relating to a vehicle used, or claimed to be used, for the transport of the goods or passengers;\n\t(e)\ta subcontractor's payment advice relating to the goods or passengers or the transport of the goods or passengers;\n\t(f)\trecords kept, used or obtained by the driver of the vehicle used, or claimed to be used, for the transport of the goods or passengers, including (for example) a driver's run sheet, a work diary entry, a fuel docket or receipt, a food receipt, a tollway receipt, pay records and mobile or other phone records;\n\t(g)\tinformation reported through the use of an intelligent transport system;\n\t(h)\tdriver manuals and instruction sheets;\n\t(i)\tadvice in any form from check weighing performed before, during or after a journey;\njurisdiction means the Commonwealth or a State or Territory;\nlearner's permit means a learner's permit under the Motor Vehicles Act 1959;\nlegal entitlements of a vehicle (or component of a vehicle) means the particulars of the entitlements, conferred under an Australian road law or the Heavy Vehicle National Law (South Australia) Act 2013, that authorise the vehicle (or component) to be operated on a road, and includes—\n\t(a)\tany entitlements arising under or as affected by a permit, registration, authorisation, approval, exemption, notice or anything else given or issued in writing under an Australian road law or the Heavy Vehicle National Law (South Australia) Act 2013; and\n\t(b)\tany entitlements arising under or as affected by restrictions, or by the application of restrictions, under an Australian road law, the Heavy Vehicle National Law (South Australia) Act 2013 or other laws (for example, sign‑posted mass limits for bridges, hazardous weather condition permits, and special road protection limits);\nlight motor vehicle means a motor vehicle that is not a heavy vehicle;\nlight vehicle means a vehicle that is not a heavy vehicle;\nlight vehicle mass and loading requirements—see section 113;\nlight vehicle mass, dimension or load restraint requirement means—\n\t(a)\ta light vehicle mass and loading requirement; or\n\t(b)\ta requirement of the Australian Road Rules relating to mass limits where the mass limits are indicated by signs (for example, sign‑posted bridge limits);\nlight vehicle standards—see section 111;\nload of a vehicle, or in or on a vehicle, means—\n\t(a)\tall the goods, passengers, drivers and other persons in or on the vehicle; and\n\t(b)\tall fuel, water, lubricants and readily removable equipment carried in or on the vehicle and required for its normal use; and\n\t(c)\tpersonal items used by the vehicle's driver or someone else necessary for the normal use of the vehicle; and\n\t(d)\tanything that is normally removed from the vehicle when not in use,\nand includes a part of a load as so defined;\nmass limit means a mass limit specified in or applying under light vehicle mass, dimension or load restraint requirements;\nmedical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\nmotor bike means a motor vehicle with two wheels, and includes a two wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel;\nmotor vehicle means a vehicle built to be propelled by a motor that forms part of the vehicle but does not include a device or vehicle of a kind excluded from this definition by the regulations;\nnight means the period between sunset on one day and sunrise on the next day;\noperator of a vehicle means—\n\t(a)\tin the case of a vehicle other than a combination but including a vehicle in a combination—a person responsible for controlling or directing the use of the vehicle; or\n\t(b)\tin the case of a combination—a person responsible for controlling or directing the use of the towing vehicle in the combination,\nand includes the registered operator of the vehicle; (however, a person is not an operator of a vehicle merely because the person does any or all of the following:\n\t(c)\towns the vehicle;\n\t(d)\tdrives the vehicle;\n\t(e)\tmaintains or arranges for the maintenance of the vehicle;\n\t(f)\tarranges for the registration of the vehicle);\nowner of a vehicle means—\n\t(a)\tin the case of a vehicle other than a combination but including a vehicle in a combination—\n\t(i)\ta person who is the sole owner, a joint owner or a part owner of the vehicle; or\n\t(ii)\ta person who has possession or use of the vehicle under a credit, hire-purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else; or\n\t(b)\tin the case of a combination—\n\t(i)\ta person who is the sole owner, a joint owner or a part owner of the towing vehicle in the combination; or\n\t(ii)\ta person who has possession or use of the towing vehicle in the combination under a credit, hire-purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else,\nand includes a registered owner of the vehicle;\npark includes stop;\npedestrian includes—\n\t(a)\ta person driving a motorised wheelchair that cannot travel at over 10 kilometres per hour (on level ground); and\n\t(b)\ta person in a non-motorised wheelchair; and\n\t(c)\ta person pushing a motorised or non-motorised wheelchair; and\n\t(d)\ta person in or on a wheeled recreational device or wheeled toy;\npersonal mobility device means a device or vehicle prescribed by regulation as a personal mobility device for the purposes of this definition;\nphotograph includes an image produced from an electronic record made by a digital or other electronic camera, and photographic has a corresponding meaning;\nphotographic detection device means an apparatus of a kind approved by the Governor as a photographic detection device;\npremises includes any structure, building, vessel or place (whether built on or not), and any part of any such structure, building, vessel or place;\nprime mover means a motor vehicle designed to tow a semi-trailer;\npublic authority means—\n\t(a)\ta police force or police service or the Crown in any other capacity; or\n\t(b)\ta body established under law, or the holder of an office established under law, for a public purpose, including a local government authority;\npublic place includes a place—\n\t(a)\tof public resort open to or used by the public as of right; or\n\t(b)\tfor the time being—\n\t(i)\tused for a public purpose; or\n\t(ii)\topen to access by the public,\nwhether on payment or otherwise; or\n\t(c)\topen to access by the public by the express or tacit consent or sufferance of the owner of that place, whether the place is or is not always open to the public,\nbut does not include—\n\t(d)\ta track that at the material time is being used as a course for racing or testing motor vehicles and from which other traffic is excluded during that use; or\n\t(e)\ta place declared by the regulations not to be a public place;\npublic safety means the safety of persons or property, including the safety of—\n\t(a)\tthe drivers of, and passengers and other persons in, vehicles; and\n\t(b)\tpersons or property in or in the vicinity of, or likely to be in or in the vicinity of, road infrastructure and public places; and\n\t(c)\tvehicles and any loads in or on them;\nquad‑axle group means a group of 4 axles, in which the horizontal distance between the centre‑lines of the outermost axles is more than 3.2 metres, but not more than 4.9 metres;\nrecords means any documents, documentation or records, whether in paper, electronic or any other form;\nregistered nurse means a person registered under the Health Practitioner Regulation National Law—\n\t(a)\tto practise in the nursing profession as a nurse (other than as a student); and\n\t(b)\tin the registered nurses division of that profession;\nregistered operator of a vehicle means—\n\t(a)\tin the case of a vehicle other than a combination but including a vehicle in a combination—the person registered or recorded as the operator of the vehicle by the Registrar of Motor Vehicles under the Motor Vehicles Act 1959 or by another Australian Authority on a register maintained under an Australian road law; or\n\t(b)\tin the case of a combination—the person registered or recorded as the operator of the towing vehicle in the combination by the Registrar of Motor Vehicles under the Motor Vehicles Act 1959 or by another Australian Authority on a register maintained under an Australian road law;\nregistered owner of a vehicle means—\n\t(a)\tin the case of a vehicle other than a combination but including a vehicle in a combination—a person registered or recorded as an owner of the vehicle by the Registrar of Motor Vehicles under the Motor Vehicles Act 1959 or by another Australian Authority on a register maintained under an Australian road law; or\n\t(b)\tin the case of a combination—a person registered or recorded as an owner of the towing vehicle in the combination by the Registrar of Motor Vehicles under the Motor Vehicles Act 1959 or by another Australian Authority on a register maintained under an Australian road law;\nRegistrar of Motor Vehicles or Registrar means the person holding or acting in the office of Registrar of Motor Vehicles under the Motor Vehicles Act 1959, and includes any person acting on behalf of the Registrar in accordance with that Act;\nresponsible person means a person having, at a relevant time, a role or responsibilities associated with road transport, and includes any of the following:\n\t(a)\tan owner of a vehicle;\n\t(b)\ta driver of a vehicle;\n\t(c)\tan operator or registered operator of a vehicle;\n\t(d)\ta person in charge or apparently in charge of a vehicle;\n\t(e)\ta person in charge or apparently in charge of the garage address of a vehicle;\n\t(f)\ta person in charge of premises entered by an authorised officer under this Act;\n\t(g)\tan owner or operator of a weighbridge, or weighing facility, used to weigh vehicles or an occupier of premises where such a weighbridge or weighing facility is located;\n\t(h)\ta person who controls or directly influences the loading or operation of a vehicle;\n\t(i)\tan agent, employer, employee, contractor or subcontractor of a person referred to in any of the preceding paragraphs of this definition;\nride, for the rider of a motor bike or animal-drawn vehicle, includes be in control of;\nrider means a rider of a motor bike, bicycle, personal mobility device, animal or animal‑drawn vehicle; the term does not include a passenger or a person walking beside and pushing a bicycle or a personal mobility device;\nroad means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving of motor vehicles;\nroad authority means—\n\t(a)\tan authority, person or body that is responsible for the care, control or management of a road; or\n\t(b)\tany person or body prescribed by the regulations for the purposes of this definition, in relation to specified roads or specified classes of roads;\nroad infrastructure includes—\n\t(a)\ta road, including its surface or pavement; and\n\t(b)\tanything under or supporting a road or its surface or pavement and maintained by a road authority; and\n\t(c)\tany bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of a road system or supporting a road; and\n\t(d)\tany bridge or other work or structure located above, in or on a road and maintained by a road authority; and\n\t(e)\tany traffic control devices, railway or tramway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything referred to in paragraphs (a)—(d); and\n\t(f)\tanything declared by the regulations to be included in this definition,\nbut does not include anything declared by the regulations to be excluded from this definition;\nroad law means this Act, the Motor Vehicles Act 1959 or rules or regulations under either of the Acts;\nroad law offence means an offence against a road law;\nroad-related area means any of the following:\n\t(a)\tan area that divides a road;\n\t(b)\ta footpath or nature strip adjacent to a road;\n\t(c)\tan area that is not a road and that is open to the public and designated for use by cyclists or animals;\n\t(d)\tany public place that is not a road and on which a vehicle may be driven, whether or not it is lawful to drive a vehicle there;\nseat belt means a belt or device fitted to a motor vehicle and designed to restrain or limit the movement of a person who is seated in the motor vehicle if it suddenly accelerates or decelerates;\nsemi-trailer means a trailer that has—\n\t(a)\t1 axle group or a single axle towards the rear; and\n\t(b)\ta means of attachment to a prime mover that results in some of the mass of the trailer's load being imposed on the prime mover;\nseries of photographs includes a film, video or other continuous visual recording;\nsingle axle means an axle not forming part of an axle group;\nsingle axle group means a group of 2 or more axles, in which the horizontal distance between the centre-lines of the outermost axles is less than 1 metre;\nspecifications of a vehicle means the physical dimensions and other physical attributes of the vehicle and its fittings;\nstart, in relation to a vehicle's engine, includes run the engine;\ntandem axle group means a group of at least 2 axles, in which the horizontal distance between the centre-lines of the outermost axles is at least 1 metre, but not more than 2 metres;\ntraffic includes vehicles and pedestrians;\ntraffic control device means a sign, signal, marking, structure or other device or thing, to direct or warn traffic on, entering or leaving a road, and includes—\n\t(a)\ta traffic cone, barrier, structure or other device or thing to wholly or partially close a road or part of a road; and\n\t(b)\ta parking ticket-vending machine and parking meter;\ntraffic speed analyser means an apparatus of a kind approved by the Governor as a traffic speed analyser;\ntrailer, in relation to a motor vehicle, means a vehicle that is built to be towed or is towed, by a motor vehicle, but does not include a motor vehicle that is being towed;\ntram includes a light rail vehicle;\ntransport documentation means—\n\t(a)\tany contractual documentation directly or indirectly associated with—\n\t(i)\ta transaction for or relating to the actual or proposed transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or\n\t(ii)\tgoods or passengers themselves so far as the documentation is relevant to their actual or proposed transport; or\n\t(b)\tany associated documentation—\n\t(i)\tcontemplated in the contractual documentation; or\n\t(ii)\trequired by law, or customarily provided, in connection with the contractual documentation or with the transaction,\nwhether the documentation is in paper, electronic or any other form, and whether or not the documentation has been transmitted physically, electronically or in any other manner, and includes (for example) an invoice, vendor declaration, delivery order, consignment note, load manifest, export receival advice, bill of lading, contract of carriage or sea carriage document, relating to the goods or passengers;\ntri-axle group means a group of at least 3 axles, in which the horizontal distance between the centre-lines of the outermost axles is more than 2 metres, but not more than 3.2 metres;\ntrolley includes a shopping trolley and any other kind of handcart;\ntwinsteer axle group means a group of 2 axles:\n\t(a)\twith single tyres; and\n\t(b)\tfitted to a motor vehicle; and\n\t(c)\tconnected to the same steering mechanism; and\n\t(d)\tthe horizontal distance between whose centre-lines is at least 1 metre, but not more than 2 metres;\nunladen mass, in relation to a vehicle, means the mass of the vehicle without any load other than the petrol, oil, tools or prescribed equipment carried (either habitually or intermittently) on the vehicle;\nvehicle includes—\n\t(a)\ta motor vehicle, trailer and a tram; and\n\t(b)\ta bicycle; and\n\t(ba)\ta personal mobility device; and\n\t(c)\tan animal-drawn vehicle, and an animal that is being ridden or drawing a vehicle; and\n\t(d)\ta combination; and\n\t(e)\ta motorised wheelchair that can travel at over 10 kilometres per hour (on level ground),\nbut does not include another kind of wheelchair, a train, or a wheeled recreational device or wheeled toy;\nwalk includes run;\nwheelchair means a chair mounted on two or more wheels that is built to transport a person who is unable to walk or has difficulty in walking, but does not include a pram, stroller or trolley;\nwheeled recreational device means a device or vehicle prescribed by regulation as a wheeled recreational device for the purposes of this definition;\nwheeled toy means a device or vehicle prescribed by regulation as a wheeled toy for the purposes of this definition.\n\t(2)\tFor the purposes of this Act the mass carried on an axle, or axle group, of a vehicle will be taken to be the force required to counterbalance the aggregate of the gravitational forces exerted on the surface of the road by the wheels of that axle or axle group.\n\t(3)\tFor the purposes of this Act, a vehicle will be taken to be attached to another vehicle if it is drawn by that other vehicle, despite the fact that the vehicles are not directly attached to each other.\n\t(4)\tFor the purposes of this Act, an act or omission of a person causes a thing to occur if the person's act or omission substantially contributes to the occurrence of the thing.\n5A—Application of Act to vehicles and road users on roads\nThis Act applies to vehicles and drivers, riders, passengers and pedestrians on roads.\n6—Drivers and riders\nUnless it is otherwise expressly stated, a reference in this Act to a driver includes a reference to a rider, and a reference to driving includes a reference to riding.\n6A—Roads and road-related areas\nA reference in this Act to a road includes a reference to a road-related area unless it is otherwise expressly stated.\n7—Drivers of trailers\nFor the purposes of this Act, a person who drives a vehicle to which a trailer is attached will be taken to be the driver of the trailer and the trailer will be taken to be driven by that person.\n8—References to Australian Road Rules\nUnless the contrary intention appears, a reference in this Act or any other Act or law to the Australian Road Rules is a reference to the Australian Road Rules as they apply in this jurisdiction (the operation of the Australian Road Rules in this jurisdiction may be affected by this Act, or by regulations made under this Act—see section 80).\n10—Act in addition to and not in derogation of other Acts\nThis Act is in addition to, and does not derogate from, the provisions of any other Act.\n","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Administrative provisions","content":"Part 2—Administrative provisions\n","sortOrder":3},{"sectionNumber":"Div 1","sectionType":"division","heading":"The Minister","content":"Division 1—The Minister\n11—Delegation by Minister\n\t(1)\tThe Minister may, by instrument in writing, delegate any of the powers or functions conferred on, or assigned to, the Minister by or under this Act—\n\t(a)\tto a particular person or committee; or\n\t(b)\tto the person for the time being occupying a particular position; or\n\t(c)\tto a council.\n\t(2)\tIf a delegation is made to a committee under this section, the instrument of delegation may regulate the procedures to be followed by the committee and (without limiting the generality of that power) may empower the committee to act by decision of the majority of its members present at a meeting.\n\t(2a)\tA power or function delegated under this section may, subject to the conditions of the instrument of delegation, be further delegated by instrument in writing.\n\t(3)\tA delegation under this section—\n\t(a)\tmay be unconditional or subject to conditions specified by the delegator; and\n\t(b)\tdoes not derogate from the power of the delegator to act personally in any matter; and\n\t(c)\tis revocable at will by the delegator.\n12—Power of Minister in relation to approvals\nFor the purposes of this Act, any approval of the Minister required under this Act—\n\t(a)\tmay, if the Minister thinks fit, be of a general nature extending to matters specified by the Minister; and\n\t(b)\tmay be unconditional or subject to conditions specified by the Minister.\n","sortOrder":4},{"sectionNumber":"Div 2","sectionType":"division","heading":"Traffic control devices","content":"Division 2—Traffic control devices\n16—Roads under care etc of Commissioner of Highways\n\t(2)\tFor the purposes of this Part, a road is under the care, control and management of the Commissioner of Highways if the Commissioner has, under the Highways Act 1926 taken over the maintenance and repair of that road.\n17—Installation etc of traffic control devices—general provision\n\t(1)\tA road authority may, with the approval of the Minister (or in accordance with a roadworks permit issued under section 20), install, maintain, alter or operate, or cause to be installed, maintained, altered or operated, a traffic control device on, above or near a road.\n\t(2)\tA road authority may, with the approval of the Minister (or in accordance with a roadworks permit issued under section 20), remove a traffic control device or cause a traffic control device to be removed.\n\t(3)\tAny authority, body or person may, with the approval of the Minister (or in accordance with a roadworks permit issued under section 20), install, display, alter, operate or remove traffic control devices—\n\t(a)\tin relation to an area where persons are engaged in work or an area affected by works in progress; or\n\t(b)\tin relation to a part of a road temporarily closed to traffic under this or any other Act; or\n\t(c)\tfor any temporary purposes.\n\t(4)\tAn approval of the Minister under this section may be issued—\n\t(a)\tin relation to an authority, body or person of a class determined (from time to time) by the Minister; or\n\t(b)\tin relation to an authority, body or person on an application under this section.\n\t(5)\tAn application for an approval of the Minister must be made in a manner determined by the Minister (which may differ between applications according to factors determined by the Minister) and be accompanied by a fee fixed by, or calculated in accordance with, the regulations.\n\t(6)\tAn approval issued by the Minister under this section may—\n\t(a)\tbe subject to such conditions as the Minister thinks fit; and\n\t(b)\tbe varied, suspended or revoked at any time by the Minister (including, without limitation, as a penalty for breach of conditions of the approval or while any alleged breach of conditions is under investigation).\n\t(7)\tWithout limiting the circumstances in which the Minister may refuse to issue an approval for the purposes of this section, the Minister may refuse to issue an approval if any person who has been found guilty of an offence against section 21 is to be responsible for installing, displaying, altering, operating or removing traffic control devices pursuant to the approval.\n18—Direction as to installation etc of traffic control devices\n\t(1)\tThe Minister may direct a road authority to install, maintain, alter, operate or remove a traffic control device on, above or near a road in accordance with the direction of the Minister.\n\t(5)\tThe road authority to which a direction is given under this section is obliged to comply with the direction.\n\t(6)\tIf a road authority fails to comply with a direction under this section, the Minister may direct—\n\t(a)\tthe Commissioner of Highways; or\n\t(b)\tthe council for the area in which the work is to be carried out,\nto carry out the direction with which the road authority has failed to comply.\n\t(7)\tSubject to subsection (8), the Commissioner of Highways or a council may recover, as a debt due from the defaulting road authority, any expenses incurred in carrying out a direction under subsection (6).\n\t(8)\tThe Commissioner or the council is not entitled to recover under subsection (7) any amount that is to be borne by the Commissioner or the council, as the case may be, in accordance with this Part.\n19—Cost of traffic control devices and duty to maintain\n\t(1)\tSubject to this section, the cost of installing, maintaining, altering, operating or removing a traffic control device must be borne by the road authority in which the care, control or management of the road to which the device relates is vested.\n\t(2)\tSubsection (1) applies subject to any provision of another Act or a regulation under this Act that declares that the cost of installing, maintaining, altering, operating or removing traffic control devices of a specified class must be borne by a specified authority, body or person (other than the road authority referred to in that subsection).\n\t(5)\tThe cost of installing, maintaining, altering, operating or removing a traffic control device—\n\t(a)\tthe purpose of which is to regulate, restrict or prohibit the parking of vehicles; and\n\t(b)\twhich has been, or is to be, installed by a council or other road authority under powers conferred by statute,\nmust (except where the traffic control device is a device of a class declared by regulation to be a class of traffic control device to which the provisions of subsection (1) apply despite this subsection) be borne by that council or other road authority.\n\t(6)\tAn authority, body or person that is liable to bear the costs in relation to a traffic control device, must maintain the traffic control device in good order.\n19A—Recovery of cost of installing certain traffic control devices\n\t(a)\ta person carries on a business or other activity beside or near a road; and\n\t(b)\tthe Minister is of the opinion that the installation, maintenance, alteration or operation of a traffic control device is required in view of the nature and extent of the business or activity and the volume of traffic generated by the conduct of that business or activity,\nthe Minister may, by notice served personally or by post, require the person by whom the business or other activity is conducted to pay to the road authority in which the care, control and management of the road is vested such amount, or periodical amounts, as may be specified in the notice towards defraying the cost of installing, maintaining, altering or operating the traffic control device.\n\t(2)\tA person of whom a requirement has been made under subsection (1) may, within 30 days after service of the notice by which the requirement was made, appeal to the Supreme Court against the requirement and the Court may, on the hearing of the appeal, vary the requirement in such manner as it considers just in view of the extent to which the business or activity conducted by the appellant renders the installation, maintenance, alteration or operation of the traffic control device to which the requirement relates necessary or expedient.\n\t(3)\tA road authority may recover any amount due to it under a requirement under this section as a debt, and must apply any amount paid to, or recovered by, it under any such requirement towards the cost of installing, maintaining, altering or operating the traffic control device to which the requirement relates.\n\t(4)\tIf the amount recovered in respect of a traffic control device in accordance with a requirement under this section is not sufficient to defray the whole of the cost of installing, maintaining, altering or operating the traffic control device, the remainder of the cost must be borne in accordance with the appropriate provisions of this Part.\n20—Work areas and work sites\ncategory 1 hazardous work area means a work area that involves a hazard to workers or a greater than normal level of hazard for persons using the road;\ncategory 2 hazardous work area means a work area that involves an unusually high level of hazard to workers or persons using the road;\nprescribed road means—\n\t(a)\ta road that is under the care, control and management of the Commissioner of Highways; or\n\t(b)\ta road, or road of a class, prescribed by the regulations for the purposes of this definition;\npublic authority means any of the following:\n\t(a)\ta Minister of the Crown;\n\t(b)\tthe Commissioner of Highways;\n\t(c)\ta council;\n\t(d)\tany other authority, body or person authorised by statute to carry out works on roads;\n\t(e)\tan authority, body or person prescribed by the regulations;\nroadworks permit—see subsection (4)(a);\nspeed limit signs means signs placed on a road in accordance with subsection (3);\nwork area means a portion of road—\n\t(a)\ton which workers are, or may be, engaged; or\n\t(b)\ton which vehicles or equipment relating to any works are placed; or\n\t(c)\tthat is otherwise affected by works in progress (whether those works are occurring on the road or elsewhere);\nwork site means a portion of road affected by works in progress, together with any additional portion of road used to regulate traffic in relation to those works or for associated purposes.\n\t(2)\tA person exercising powers or performing functions under, or for the purposes of, this section must, in doing so, seek to protect the safety of workers, road users and other members of the public whilst having due regard to the inconvenience caused by traffic disruptions and the need to maintain reasonable traffic flows.\n\t(3)\tAn authority, body or person must, with a relevant authorisation and in accordance with this Part and any regulations made for the purposes of this Part, place signs on a road for the purpose of indicating a maximum speed to be observed by drivers while driving on, by or towards a work area or work site where workers are engaged, or works are in progress, at the direction of that authority, body or person.\n\t(4)\tAn authority, body or person has a relevant authorisation, for the purposes of subsection (3), to place speed limit signs on a road—\n\t(a)\tif the authority, body or person holds a permit issued by the Minister under this section (a roadworks permit) and the signs are placed on the road in accordance with the permit; or\n\t(i)\tthe authority, body or person is a public authority; and\n\t(ii)\tthe work is required to be undertaken by the public authority as a matter of urgency; and\n\t(iii)\tthe signs are placed on the road in accordance with an approval of the Minister under this Part; and\n\t(iv)\tthe Minister is notified of the placement of the signs as soon as is practicable (and, in any case, within 2 hours after the signs are placed on the road); and\n\t(v)\tthe signs are placed on the road for a period not exceeding 24 hours or such longer period as may be determined by the Minister on an application under subsection (9); or\n\t(c)\tif—\n\t(i)\tthe signs will not relate to any prescribed roads; and\n\t(ii)\tthe signs are placed on the road in accordance with an approval of the Minister under this Part.\nIf any prescribed roads are to be affected by speed limit signs, a roadworks permit is required unless paragraph (b) applies (in which case an approval of the Minister is still required).\nIf no prescribed roads are to be affected by speed limit signs, only an approval of the Minister is required.\n\t(5)\tAn authority, body or person must not close any portion of a prescribed road in connection with a work area or work site unless the authority, body or person holds a roadworks permit and closes the road in accordance with the permit.\n\t(6)\tAn application for a roadworks permit must be made in a manner determined by the Minister (which may differ between applications according to factors determined by the Minister) and be accompanied by a fee fixed by, or calculated in accordance with, the regulations.\n\t(7)\tA roadworks permit—\n\t(a)\tmust specify the period during which the permit remains in force; and\n\t(b)\tmay specify periods within which specified works are to be completed, or specified actions are to be taken, and may impose monetary penalties on the permit holder for a failure to complete such work, or to take such action, within the specified period (and such penalties will be recoverable by the Minister as a debt); and\n\t(c)\tmust include conditions requiring the holder of the permit to undertake risk assessment and other work site planning processes in accordance with requirements specified in the permit, or a standard or other document specified in the permit; and\n\t(d)\tmay be subject to such other conditions as the Minister thinks fit; and\n\t(e)\tmay be varied at any time by the Minister (including, without limitation, by extending any period or periods specified in the permit); and\n\t(f)\tmay be suspended or revoked at any time by the Minister (including, without limitation, as a penalty for breach of conditions of the permit or while any alleged breach of conditions is under investigation).\n\t(8)\tWithout limiting the circumstances in which the Minister may refuse to issue a roadworks permit, the Minister may refuse to issue such a permit if any person who has been found guilty of an offence against section 21 is to be responsible for installing, displaying, altering, operating or removing speed limit signs pursuant to the permit.\n\t(9)\tAn application to the Minister for an extension of the 24 hour period referred to in subsection (4)(b)(v)—\n\t(a)\tmay be made by telephone or any other manner prescribed by the regulations; and\n\t(b)\tmust be made at least 3 hours before the end of that 24 hour period (unless the Minister is satisfied that there were good reasons for a delay in making the application).\n\t(10)\tThe maximum speed to be indicated by speed limit signs is as follows:\n\t(a)\tfor a category 1 hazardous work area—40 kilometres an hour;\n\t(b)\tfor a category 2 hazardous work area—25 kilometres an hour;\n\t(c)\tfor a work site—\n\t(i)\tif the speed limit signs are placed on a road in accordance with a roadworks permit and the Minister has, either in the permit or by notice in writing to the holder of the permit, specified a maximum speed limit for the purposes of this paragraph—a maximum speed not exceeding the speed limit so specified; or\n\t(ii)\tin any other case—a maximum speed not exceeding 80 kilometres an hour.\n\t(11)\tAn authority, body or person that has placed speed limit signs on a road must ensure—\n\t(a)\tthat the speed limit signs, or at least 1 other sign placed in, or in the vicinity of, the work area or work site, make it clear to road users that the speed limit signs relate to such an area or site (whether by including relevant symbols, the words \"work area\", \"work site\" or \"roadworks\" or in some other way); and\n\t(b)\tthat the speed limit signs are not in place on the road during any period during which—\n\t(i)\tworkers are not engaged at the work area; and\n\t(ii)\tthe area of road affected by the works, or by vehicles or equipment relating to the works, does not involve a greater than normal level of hazard for persons using the road.\n\t(12)\tIf subsection (11)(b) is not complied with in relation to any speed limit signs—\n\t(a)\tthe speed limit signs are of no effect for the purposes of this Act or any other Act or law during the period of non‑compliance; and\n\t(b)\tan authorised officer may alter or remove the speed limit signs.\n\t(13)\tIf a public authority has engaged a contractor to carry out works on behalf of the authority, the contractor will, in relation to those works, be treated as if they were the authority for the purposes of this Act (and if the public authority holds an approval under section 17, or a roadworks permit, in respect of those works, the contractor will be treated as if they were the holder of that approval or permit).\n\t(14)\tThis section does not apply to or in relation to—\n\t(a)\tSA Police or police officers; or\n\t(b)\tan authority, body or person, or class of authority, body or person, prescribed by regulation; or\n\t(c)\ta work area or work site, or class of work area or work site, prescribed by regulation.\n\t(15)\tFor the purposes of this section, workers will be taken to be engaged at a work area—\n\t(a)\tif the workers are present in the area or in the vicinity of the area; or\n\t(b)\tif the workers are temporarily absent from the area for a period not exceeding 2 hours.\n\t(16)\tThe regulations may prescribe standards or requirements for determining, for the purposes of this section—\n\t(a)\twhether or not a work area involves a hazard to workers or a greater than normal level of hazard for persons using the road; and\n\t(b)\twhether or not a work area involves an unusually high level of hazard to workers or persons using the road; and\n\t(c)\tthe circumstances in which a portion of road will be taken to be—\n\t(i)\taffected by works in progress; or\n\t(ii)\tused to regulate traffic in relation to works or for associated purposes; and\n\t(d)\tthe circumstances in which work will be taken to be required to be undertaken by a public authority as a matter of urgency.\n\t(17)\tThis section has effect despite any other Act or law.\n20A—Appeal to District Court\n\t(1)\tAn authority, body or person who has applied for an approval of the Minister under section 17 or for a roadworks permit under section 20 and who is dissatisfied with a decision of the Minister in relation to the application, or in relation to an approval or permit granted as a result of the application, may appeal to the District Court against the decision.\n\t(2)\tIf the Minister does not give reasons in writing for a decision when the decision is made, the Minister must do so within 1 month of the making of a request by the authority, body or person to whom the decision relates (provided that the request is made within 1 month of the making of the decision).\n\t(3)\tAn appeal must be instituted—\n\t(a)\twithin 1 month of the making of the decision being appealed against; or\n\t(b)\tif a request for reasons in writing for the decision has been made under subsection (2)—within 1 month of the receipt of the reasons in writing.\n\t(4)\tThe Minister will be a party to an appeal under this section.\n21—Offences relating to traffic control devices\n\t(1)\tA person who, without proper authority—\n\t(a)\tinstalls or displays a sign, signal, marking, structure or other device or thing on, above or near a road intending that it will be taken to be a traffic control device installed or displayed under this Act; or\n\t(b)\tintentionally alters, damages, destroys or removes a traffic control device installed or displayed under this Act,\nMaximum penalty: $5 000 or imprisonment for one year.\n\t(1a)\tAn authority, body or person—\n\t(a)\twho contravenes section 20(3) by placing a speed limit sign on a road without obtaining the relevant authorisation required under that section; or\n\t(b)\twho contravenes section 20(5) by closing a portion of a prescribed road without obtaining a roadworks permit,\n\t(a)\tfor a first offence—$20 000;\n\t(b)\tfor a subsequent offence—$50 000.\n\t(2)\tIn proceedings for an offence against subsection (1)(a) or subsection (1a), an apparently genuine document purporting to be a certificate of the Minister or a road authority certifying that there was not proper authority for the installation or display of a specified sign, signal, marking, structure or other device or thing as a traffic control device on, above or near a specified part of a road is to be accepted as proof of the matters so certified in the absence of proof to the contrary.\n\t(3)\tThe holder of an approval under section 17 or a roadworks permit under section 20 must comply with any conditions of the approval or permit relating to signs placed on a road under section 20 in respect of a work area or work site or any other traffic control devices used in connection with the work area or work site.\n\t(a)\tfor a first offence—$20 000;\n\t(b)\tfor a subsequent offence—$50 000.\n\t(4)\tIn determining whether an offence is a first or subsequent offence for the purposes of subsection (1a) or (3), any previous offence against this section for which the defendant has been convicted or that the defendant has expiated will be taken into account, but only if the previous offence was committed or alleged to have been committed within the period of 5 years immediately preceding the date on which the offence under consideration was allegedly committed.\n\t(5)\tIf a court dealing with a charge of an offence against subsection (1a) or (3) is presented with evidence of—\n\t(a)\tany economic benefit to the defendant obtained by the commission of the offence; or\n\t(b)\tthe estimated costs to government or to the community, or a section of the community, as a result of the commission of the offence (including, without limitation, costs relating to increased traffic congestion resulting from the commission of the offence),\nthe court may, on convicting the defendant of the offence, order the defendant to pay to the Crown (in addition to any penalty imposed) the amount of such economic benefit or of such costs, or any portion of such benefit or costs, that the court thinks fit in the circumstances.\n21A—Payments to Highways Fund\nThe following amounts must be paid into the Highways Fund maintained under the Highways Act 1926:\n\t(a)\tall fees paid for the issue of roadworks permits under section 20;\n\t(b)\tall monetary penalties of a kind referred to in section 20(7)(b) recovered from the holders of roadworks permits;\n\t(c)\tall fines paid in respect of offences against section 21(1a) or (3);\n\t(d)\tall expiation fees recovered in respect of alleged offences against section 21(1a) or (3);\n\t(e)\tall amounts ordered to be paid to the Crown under section 21(5).\n22—Proof of lawful installation etc of traffic control devices\n\t(1)\tSubject to subsection (2), in proceedings for an offence against this Act (other than an offence against section 21(1)(a), (1a) or (3)) commenced on the information of a police officer or otherwise on behalf of the Crown, or on the information of an officer or employee of a council, a traffic control device proved to have been on, above or near a road will be conclusively presumed to have been lawfully installed or displayed there under this Act.\n\t(2)\tIn proceedings for an offence involving driving at a speed over a speed limit applying by virtue of signs placed on a road under section 20, subsection (1) only applies if it is proved that—\n\t(a)\tworkers were engaged at the relevant work area at the time of the alleged offence (determined in accordance with section 20(15)); or\n\t(b)\tthe area of road affected by the relevant works, or by vehicles or equipment relating to the relevant works, involved, at the time of the alleged offence, a greater than normal level of hazard for persons using the road (determined in accordance with any relevant standards or requirements prescribed under section 20(16)).\n23—Regulations fixing expiation fees\nDespite section 176(1a)(j), the regulations may fix expiation fees not exceeding $5 000 for alleged offences against this Division.\n31—Action to deal with false devices or hazards to traffic\nfalse traffic control device means any device, structure or thing that, although it is not a traffic control device installed or displayed under this Act, might be taken to be such a traffic control device;\nlight means a lamp, sign, advertisement or device of any kind from which light is projected.\n\t(2)\tDespite any other law, the road authority in which the care, control or management of a road is vested may remove from the road and dispose of any false traffic control device or any device, structure or thing that the road authority is satisfied might constitute a hazard to traffic.\n\t(2a)\tDespite any other law, if the Minister is satisfied that a false traffic control device or a light or source of reflected light or any other device, structure or thing is on land near a road and might—\n\t(a)\treasonably be confused with a lawfully installed traffic control device; or\n\t(b)\tdetract from the visibility of a traffic control device to drivers or pedestrians on the road; or\n\t(c)\tin any way constitute a hazard to traffic on the road,\nthe Minister may, by notice in writing, require the owner or occupier of the land to take such action by way of removing, modifying, screening or otherwise dealing with the device, structure or thing as is specified in the notice within the time so specified.\n\t(3)\tA notice under this section may be served either by post, by means of a letter addressed to the usual place of residence or business of the person to be served, or by delivering it to that person personally.\n\t(4)\tA person to whom a notice under this section is duly given must comply with it.\n\t(5)\tIf within the time specified in a notice duly given under this section the person required to comply with the notice does not comply with it, the Minister may take the action specified in the notice and recover the cost of doing so from that person as a debt, by action in a court of competent jurisdiction.\n","sortOrder":5},{"sectionNumber":"Div 3","sectionType":"division","heading":"Road closing provisions","content":"Division 3—Road closing provisions\n32—Road closing by councils for traffic management purposes\n\t(1)\tIf a council proposes, by the installation or alteration of a traffic control device—\n\t(a)\tto close a road or a part of a road to all vehicles or vehicles of a specified class (whether or not the closure is to apply every day in a week or for all hours in a day); or\n\t(b)\tto close a road as a through road for motor vehicles,\nfor the purposes of rationalising the flow or impact of traffic within a part of the council's area, the council may only do so in accordance with a resolution of the council and must, at least one month before the meeting at which the resolution is first to be considered, cause notice of the proposal—\n\t(c)\tto be published both in a newspaper circulating generally in the State and a newspaper circulating within the area of the council; and\n\t(d)\tto be given by post to each ratepayer of land immediately abutting the road, or portion of road, the subject of the proposal; and\n\t(e)\tif the road is a prescribed road, to be given to each affected council; and\n\t(f)\tif the road is a highway, or runs into or intersects with a highway, to be given to the Commissioner of Highways.\n\t(2)\tThe council must give due consideration to all written submissions made on the proposal that are received by the council before the meeting.\n\t(3)\tA resolution for a road closure to which subsection (1) applies is not effective unless a majority of all members of the council concur in it.\n\t(4)\tA resolution for a road closure to which subsection (1) applies that would have the effect of the closure being operative in relation to a highway is not effective unless—\n\t(a)\tthe Commissioner of Highways concurs with it; or\n\t(b)\tthe closure is consistent with a notice of the Commissioner of Highways under section 26 of the Highways Act 1926.\n\t(5)\tA resolution for a road closure to which subsection (1) applies that would have the effect of the closure being operative—\n\t(a)\tfor a continuous period of more than 6 months; or\n\t(b)\tfor periods that, in aggregate, exceed 6 months in any 12 month period,\nis not effective unless—\n\t(c)\tif the road runs into or intersects with a highway, the Commissioner of Highways concurs with it; and\n\t(d)\tif the road is a prescribed road, each affected council concurs with it.\n\t(6)\tA council must, as soon as practicable after a resolution for a road closure to which subsection (1) applies has been passed and, if required, concurred with under subsection (4) or (5), cause notice of the resolution to be published and given in the manner set out in subsection (1).\naffected council, in relation to a prescribed road, means a council into whose area or along the boundary of which the road runs;\nhighway means—\n\t(a)\ta main road or a controlled access road within the meaning of the Highways Act 1926; or\n\t(b)\ta road vested in the name of the Commissioner of Highways or the Minister to whom the administration of the Highways Act 1926 is committed; or\n\t(c)\ta road that is subject to a notice under section 26 of the Highways Act 1926;\nprescribed road means a road that runs into the area, or along the boundary, of another council.\n\t(8)\tFor the purposes of this section, a road that runs up to—\n\t(a)\tthe boundary of another council area; or\n\t(b)\tanother road running along or containing the boundary of another council area,\nwill be taken to run into that area.\n33—Road closing and exemptions for certain events\n\t(1)\tOn the application of any person interested, the Minister may declare an event to be an event to which this section applies and may do either or both of the following:\n\t(a)\tmake an order directing that specified roads (being roads on which the event is to be held or roads that, in the Minister's opinion, should be closed for the purposes of the event) be closed to traffic for a period specified in, or determined in accordance with, the order;\n\t(b)\tmake an order directing that persons participating in the event be exempted, in relation to specified roads, from the duty to observe an enactment, regulation or by‑law prescribing a rule to be observed on roads by pedestrians or drivers of vehicles.\n\t(2)\tAn order to close a road under subsection (1) can only be made with the consent of every council within whose area a road intended to be closed by the order is situated.\n\t(3)\tAt least two clear days before an order under subsection (1) takes effect, the Minister must, at the cost of the applicant, cause the order to be advertised in the prescribed manner.\n\t(4)\tAn order under this section is subject to any conditions which the Minister thinks fit to impose and, on breach of any condition, ceases to have effect.\n\t(5)\tAn order under this section renders lawful anything done in accordance with the order.\n\t(6)\tAn order under this section may apply to the whole or a part of a road.\n\t(7)\tIn addition to any other power to regulate traffic conferred by this or any other Act, a police officer may give such reasonable directions to—\n\t(a)\tthe driver of a vehicle on a road; or\n\t(b)\tthe owner or person apparently in charge of or with care or custody of a vehicle on a road; or\n\t(c)\ta person who appears to have left a vehicle standing on a road (whether the vehicle is attended by another person or not); or\n\t(d)\ta pedestrian on a road,\nas are, in the police officer's opinion, necessary for the safe and efficient conduct of an event to which this section applies.\n\t(8)\tSuch directions may include directions for clearing vehicles or persons from a road or part of a road or temporarily closing a road or part of a road and may be given on the day of an event in preparation for, during or immediately after the conclusion of, the event.\n\t(9)\tA person to whom a direction of a police officer is given pursuant to this section must forthwith comply with it.\n\t(9a)\tIf a direction is given under subsection (7) to a person who appears—\n\t(a)\tto have charge, care or custody of a vehicle on a road; or\n\t(b)\tto have left a vehicle standing on a road,\nthat person is not guilty of an offence against this Act of failing to comply with the direction if it is proved that the person did not have charge, care or custody of the vehicle and did not leave the vehicle standing on the road.\nevent means an organised sporting, recreational, political, artistic, cultural or other activity, and includes a street party.\n34—Road closing for emergency use by aircraft\n\t(1)\tA prescribed police officer may close a road to enable an aircraft to use the road in response to an emergency.\n\t(2)\tFor the purpose of closing a road and enabling its use by an aircraft under this section, a prescribed police officer (or a police officer acting under the direction of a prescribed police officer) may—\n\t(a)\tinstall or display traffic control devices on or near a road; or\n\t(b)\tgive such reasonable directions to—\n\t(i)\tthe driver of a vehicle on a road; or\n\t(ii)\tthe owner or person apparently in charge of or with care or custody of a vehicle on a road; or\n\t(iii)\ta person who appears to have left a vehicle standing on a road (whether or not the vehicle is attended by another person); or\n\t(iv)\ta pedestrian; or\n\t(v)\tthe pilot of the aircraft,\nas are, in the opinion of the police officer giving the directions, necessary for the safe use of the road by the aircraft or the safety of other road users.\n\t(3)\tA police officer must, in exercising a power conferred by this section, comply with such procedures and requirements as may be stipulated by the Minister by notice in writing to the Commissioner of Police.\n\t(4)\tA person to whom a direction of a police officer is given under this section must forthwith comply with it.\n\t(5)\tIf a direction is given under subsection (2)(b) to a person who appears—\n\t(a)\tto have charge, care or custody of a vehicle on a road; or\n\t(b)\tto have left a vehicle standing on a road,\nthat person is not guilty of an offence against this Act of failing to comply with the direction if it is proved that the person did not have charge, care or custody of the vehicle and did not leave the vehicle standing on the road.\n\t(6)\tIf action is taken under this section by a police officer to close a road or enable an aircraft to use a road—\n\t(a)\tnothing in this Act is to be taken to prevent the use of the road by the aircraft; and\n\t(b)\tthe aircraft is not to be taken to be a vehicle for the purposes of this Act; and\n\t(c)\tno liability will be incurred by the police officer or the Crown in respect of injury, damage or loss arising out of the use of the road by the aircraft.\n\t(7)\tThe powers conferred by this section are in addition to and do not derogate from any other power conferred by this or any other Act.\n\t(8)\tA road closed for the purposes of enabling an aircraft to use it in response to an emergency must be re-opened for ordinary traffic as soon as practicable after the road is no longer required for that purpose.\n\t(9)\tIn this section—\nprescribed police officer means a police officer who is—\n\t(a)\tin charge of a police station; or\n\t(b)\tof the rank of inspector or above;\nroad includes a road closed under this section and part of a road.\n","sortOrder":6},{"sectionNumber":"Div 4","sectionType":"division","heading":"Enforcement officers for Australian road laws","content":"Division 4—Enforcement officers for Australian road laws\n35—Appointment of authorised officers\n\t(1)\tThe Minister may, by instrument in writing, appoint—\n\t(a)\ta specified person to be an authorised officer; or\n\t(b)\tpersons of a specified class to be authorised officers.\n\t(2)\tAn authorised officer may but need not be an employee in the public service or an employee of a government or government body.\n\t(3)\tAn authorised person as defined in the Local Government Act 1999 is an authorised officer under this Act for the purposes of—\n\t(a)\tenforcing prescribed provisions of this Act in the area of the council for which the person is an authorised person; or\n\t(b)\texercising the powers of an authorised officer under prescribed provisions of this Act in the area of the council for which the person is an authorised person.\n\t(4)\tEvery person for the time being in charge of a ferry established by a council or established, maintained or operated by the Commissioner of Highways is an authorised officer under this Act.\n\t(5)\tWithout limiting the above, an authorised officer as defined in a corresponding road law may be appointed as an authorised officer under this section.\n\t(6)\tAn appointment under this section may be subject to conditions, including—\n\t(a)\tconditions limiting the exercise of powers by the authorised officer to the enforcement of specified provisions of the Act or the enforcement of the Act within a specified area of the State; and\n\t(b)\tconditions on the exercise of powers conferred on authorised officers by a road law.\n\t(7)\tThe Minister may, at any time, by instrument in writing applicable to a specified authorised officer or each authorised officer of a specified class—\n\t(a)\timpose conditions of a kind referred to in subsection (6); or\n\t(b)\tvary or revoke such conditions.\n37—Exercise of powers by police officers\nA police officer has the powers conferred on police officers by a road law in addition to the officer's powers under other Acts or at law.\n38—Identity cards\n\t(1)\tSubject to this section, the Minister must issue an authorised officer with an identity card.\n\t(2)\tThe Minister is not required to issue an identity card if—\n\t(a)\tthe authorised officer is a police officer; or\n\t(b)\tthe Minister has designated a card issued to an authorised officer, or to a class of authorised officers, by another person, body or authority (whether or not of this State) as an identity card for the purposes of this Act.\n\t(3)\tAn identity card issued under this section must—\n\t(a)\tcontain a recent photograph of the authorised officer; and\n\t(b)\tidentify the person as an authorised officer for the purposes of this Act; and\n\t(c)\tspecify the identification number issued to the authorised officer by the Minister.\n39—Production of identification\n\t(1)\tThis section applies to powers conferred on authorised officers under a road law, but only if the physical presence of an officer at the scene is necessary for the exercise of the power.\n\t(2)\tAn authorised officer (other than a police officer) must not exercise a power unless an identity card has been issued to, or designated for, the officer.\n\t(3)\tAn authorised officer (other than a police officer) who is exercising or about to exercise a power is required to comply with a request to identify themself, by producing the officer's identity card.\n\t(4)\tA police officer who is exercising or about to exercise a power is required to comply with a request to identify themself, by—\n\t(a)\tproducing the officer's police identification; or\n\t(b)\tstating orally or in writing the officer's surname, rank and identification number.\n\t(5)\tAn authorised officer is required to comply with a requirement under subsection (3) or (4)—\n\t(a)\timmediately; or\n\t(b)\tif it is not practicable to comply with the requirement immediately—as soon as practicable afterwards.\n\t(6)\tAn authorised officer need only identify themself once to a particular person during the course of an incident, even though more than one power is being exercised during the course of the incident.\nincident means—\n\t(a)\ta single incident; or\n\t(b)\ta connected series of incidents involving the same or substantially the same parties and occurring during a period of 72 hours;\npower means a power under an Australian road law;\nrequest, in relation to the exercise of a power, means a request made by a person (if any) in respect of whom the power is being or is about to be exercised.\n40—Return of identity cards\n\t(a)\tthe Minister has issued an identity card to the person; and\n\t(b)\tthe person was but has stopped being an authorised officer; and\n\t(c)\tthe Minister has requested the person to return the card to the Minister within a specified period; and\n\t(d)\tthe person did not return the card during the period.\n\t(2)\tSubsection (1) does not apply if the person has a reasonable excuse.\n40B—Registrar may exercise powers of authorised officers\n\t(1)\tThe Registrar of Motor Vehicles may exercise any power conferred under a road law on an authorised officer.\n\t(2)\tAccordingly, in this Act (except this Division) references to an authorised officer include references to the Registrar of Motor Vehicles.\n","sortOrder":7},{"sectionNumber":"Div 5","sectionType":"division","heading":"General enforcement powers for Australian road laws","content":"Division 5—General enforcement powers for Australian road laws\n","sortOrder":8},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Interpretation","content":"Subdivision 1—Interpretation\n40C—Meaning of qualified, fit or authorised to drive or start or stop engine\nFor the purposes of this Division—\n\t(a)\ta person is qualified to drive a vehicle, or to start or stop its engine, if the person—\n\t(i)\tholds a driver's licence of the appropriate class to drive the vehicle and the licence is not suspended; and\n\t(ii)\tis not prevented under a law, including, for example, by the conditions of the driver's licence, from driving the vehicle at the relevant time;\n\t(b)\ta person is fit to drive a vehicle, or to start or stop its engine, if the person—\n\t(i)\tis apparently physically and mentally fit to drive the vehicle, or start or stop its engine; and\n\t(ii)\tis not apparently affected by either or both of the following:\n\t(A)\talcohol;\n\t(B)\ta drug that affects a person's ability to drive a vehicle; and\n\t(iii)\tthe person has not at the time been found to have, and there are not any reasonable grounds to suspect that the person has, a concentration of alcohol in the person's blood exceeding the amount permitted under a road law; and\n\t(iv)\tthe person has not at the time been found to have, and there are not any reasonable grounds to suspect that the person has, a prescribed drug in the person's oral fluid or blood;\n\t(c)\ta person is authorised to drive a vehicle, or to start or stop its engine, if the person is its operator or has the authority of the operator to drive it or to start or stop its engine (regardless of whether or not the person is qualified to drive the vehicle, or to start or stop its engine).\n40D—Meaning of unattended vehicle and driver of disconnected trailer\n\t(1)\tFor the purposes of this Division, a vehicle is unattended if—\n\t(a)\tthe authorised officer concerned is present at the scene and there is, after inspection and enquiry by the officer that is reasonable in the circumstances, apparently no person in, on or near the vehicle who appears to be a driver of the vehicle; or\n\t(b)\tthe authorised officer concerned is not present at the scene but is able to inspect the scene by means of camera or other remote surveillance system and there is, after inspection by the officer that is reasonable in the circumstances, apparently no person in, on or near the vehicle who appears to be a driver of the vehicle; or\n\t(c)\tthere is a person in, on or near the vehicle who appears to be its driver but the person is—\n\t(i)\tunwilling, or not qualified or fit, to drive the vehicle; or\n\t(ii)\tnot authorised by the operator of the vehicle to drive it; or\n\t(iii)\tsubject to a direction under section 40K in relation to the vehicle.\n\t(2)\tFor the purposes of this Division, a person is the driver of a vehicle if, in a case where the vehicle is a trailer and is not connected (either directly or by one or more other trailers) to a towing vehicle, the person is the driver of the towing vehicle to which the trailer was or apparently was last connected.\n40E—Meaning of broken down vehicle\nFor the purposes of this Division, a vehicle is broken down if—\n\t(a)\tin the case of a motor vehicle—it is not possible to drive the vehicle because it is disabled through damage, mechanical failure, lack of fuel or any similar reason; or\n\t(b)\tin the case of a trailer—it is not connected (either directly or by 1 or more other trailers) to a towing vehicle, whether or not the trailer is also disabled through damage, mechanical power or any similar reason; or\n\t(c)\tin the case of a combination—it is not possible to drive the combination because the combination or a vehicle comprised in the combination is disabled through damage, mechanical failure, lack of fuel or any similar reason; or\n\t(d)\tin any other case—it is not connected to a towing vehicle or an animal by which it could be drawn or it is not possible to tow or draw the vehicle because it is disabled through damage, mechanical failure or any similar reason.\n40F—Meaning of compliance purposes\nFor the purposes of this Division, a power is exercised for compliance purposes in relation to a person if the power is exercised—\n\t(a)\tto determine whether the Australian road laws are being complied with by that or any other person; or\n\t(b)\tto investigate a breach or suspected breach of an Australian road law by that or any other person; or\n\t(c)\tto investigate an accident in which that person or any other person has been involved.\n","sortOrder":9},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Directions to stop, move or leave vehicles","content":"Subdivision 2—Directions to stop, move or leave vehicles\n40G—Application of Subdivision\n\t(1)\tThis Subdivision applies to a vehicle located—\n\t(a)\ton any road; or\n\t(b)\tin or on any premises occupied or owned by a public authority; or\n\t(c)\tin or on any premises where an authorised officer is lawfully present after entry under Subdivision 4; or\n\t(d)\tin or on any premises that are an authorised inspection station as defined in section 139 of the Motor Vehicles Act 1959.\n\t(2)\tThis Subdivision applies to the driver of a vehicle who is apparently in, on or in the vicinity of the vehicle.\n40GA—Interpretation\nIn this Subdivision—\nroad law includes—\n\t(a)\tthe Heavy Vehicle National Law (South Australia); and\n\t(b)\tthe Heavy Vehicle National Regulations (South Australia); and\n\t(c)\tPart 2 Divisions 4 and 5 of the Heavy Vehicle National Law (South Australia) Act 2013; and\n\t(d)\tthe local regulations as defined in the Heavy Vehicle National Law (South Australia) Act 2013.\n40H—Direction to stop vehicle to enable exercise of other powers\n\t(1)\tAn authorised officer may, for the purpose of or in connection with exercising other powers under a road law, direct—\n\t(a)\tthe driver of a vehicle to stop the vehicle; or\n\t(b)\tthe driver of a vehicle or any other person not to do one or more of the following:\n\t(i)\tmove the vehicle;\n\t(ii)\tinterfere with it or any equipment in or on it;\n\t(iii)\tinterfere with its load.\n\t(2)\tA direction to stop a vehicle may require that it be stopped without delay, or that it be stopped at the nearest place for it to be safely stopped as indicated by the authorised officer.\n\t(3)\tA direction to stop the vehicle, or not to move it, or not to interfere with it or any equipment in or on it or with its load, does not prevent an authorised officer from giving the driver or another person any later inconsistent directions under a road law or any other law.\n\t(4)\tA direction ceases to be operative to the extent that an authorised officer—\n\t(a)\tgives the driver or other person a later inconsistent direction; or\n\t(b)\tindicates to the driver or other person that the direction is no longer operative.\nstop a vehicle means to stop the vehicle and keep it stationary.\n40I—Direction to move vehicle to enable exercise of other powers\n\t(1)\tAn authorised officer may, for the purpose of or in connection with the exercise of other powers under a road law, direct the driver or operator of a vehicle to move it or cause it to be moved to the nearest suitable location that is within the prescribed distance and specified by the officer.\n\t(2)\tA person commits an offence if—\n\t(4)\tIn proceedings for an offence in relation to a contravention of a direction under subsection (1), it is a defence if the person charged establishes that—\n\t(a)\tit was not possible to move the vehicle concerned because it was broken down; and\n\t(b)\tthe breakdown occurred for a physical reason beyond the driver's or operator's control; and\n\t(c)\tthe breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time.\nprescribed distance means a distance (in any direction) within a radius of 30 kilometres of—\n\t(a)\tthe location of the vehicle when the direction is given; or\n\t(b)\tany point along the forward route of the journey, if the direction is given in the course of a journey of the vehicle;\nsuitable location means a location that the authorised officer concerned believes on reasonable grounds to be a suitable location having regard to any matters the officer considers relevant in the circumstances.\n40J—Direction to move vehicle if danger or obstruction\n\t(1)\tThis section applies if an authorised officer believes on reasonable grounds that a light vehicle on a road is—\n\t(a)\tcausing serious harm, or creating an imminent risk of serious harm, to public safety, the environment or road infrastructure; or\n\t(b)\tcausing or likely to cause an obstruction to traffic or any event lawfully authorised to be held on the road; or\n\t(c)\tobstructing or hindering, or likely to obstruct or hinder, vehicles from entering or leaving land adjacent to the road.\n\t(2)\tThe officer may direct the driver or operator of the vehicle to do either or both of the following:\n\t(a)\tto move it, or cause it to be moved, to the extent necessary to avoid the harm or obstruction;\n\t(b)\tto do anything else reasonably required by the officer, or to cause anything else reasonably required by the officer to be done, to avoid the harm or obstruction.\n\t(a)\tthe person is subject to a direction under subsection (2); and\n\t(4)\tIn proceedings for an offence in relation to the contravention of a direction under subsection (2)(a), it is a defence if the person charged establishes that—\n\t(a)\tit was not possible to move the vehicle concerned because it was broken down; and\n\t(b)\tthe breakdown occurred for a physical reason beyond the driver's or operator's control; and\n\t(c)\tthe breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time.\n40K—Direction to leave vehicle\n\t(1)\tThis section applies if—\n\t(a)\tthe driver of a vehicle fails to comply with a direction given by an authorised officer under another provision of this Subdivision; or\n\t(b)\tan authorised officer believes on reasonable grounds that the driver of a vehicle is not qualified, is not fit or is not authorised to drive the vehicle.\n\t(2)\tThe officer may do one or more of the following:\n\t(a)\tdirect the driver to vacate the driver's seat;\n\t(b)\tdirect the driver to leave the vehicle;\n\t(c)\tdirect the driver not to occupy the driver's seat until permitted to do so by an authorised officer;\n\t(d)\tdirect the driver not to enter the vehicle until permitted to do so by an authorised officer.\n\t(3)\tThe officer may direct any other person to do either or both of the following:\n\t(a)\tto leave the vehicle;\n\t(b)\tnot to enter the vehicle until permitted to do so by an authorised officer.\n\t(4)\tThe officer, being a police officer, may do one or more of the following if the officer believes on reasonable grounds that the driver is not fit to drive the vehicle because of the consumption of alcohol or a drug:\n\t(a)\tdirect the driver to secure the vehicle and surrender to the officer all keys to the vehicle that are in the person's immediate possession or in the vehicle;\n\t(b)\timmobilise the vehicle;\n\t(c)\tdirect the driver not to drive any other vehicle until permitted to do so by a police officer.\n\t(a)\tthe person is subject to a direction under this section; and\n\t(6)\tIf a police officer takes possession of keys or (in order to immobilise the vehicle) components of a vehicle, the officer must—\n\t(a)\tadvise the driver that the keys or components may be recovered from a specified police station; and\n\t(b)\tcause the keys or components to be taken to the police station.\n\t(7)\tA police officer on duty at the police station to which the keys or components are taken under this section must deliver possession of the keys or components to any person who the officer is satisfied is lawfully entitled to them and who makes a request for them at the police station, provided that the officer has no reason to believe that the person will drive the vehicle but not be qualified or fit to do so.\nkeys means keys or electronic or other devices for starting or securing a vehicle.\n40L—Manner of giving directions under Subdivision\n\t(1)\tA direction under this Subdivision may be given to a driver orally or by means of a sign or signal (electronic or otherwise), or in any other manner.\n\t(2)\tA direction under this Subdivision may be given to an operator orally or by telephone, facsimile, electronic mail or radio, or in any other manner.\n40M—Moving unattended vehicle to enable exercise of other powers\n\t(1)\tThis section applies if an authorised officer—\n\t(a)\tbelieves on reasonable grounds that a vehicle is unattended on a road; and\n\t(b)\tis seeking to exercise other powers under a road law; and\n\t(c)\tbelieves on reasonable grounds that the vehicle should be moved to enable or to facilitate the exercise of those powers.\n\t(2)\tThe officer may—\n\t(a)\tmove the vehicle (by driving or towing it or otherwise); or\n\t(b)\tauthorise another person to move it (by driving or towing it or otherwise),\nto the extent reasonably necessary to enable or to facilitate the exercise of the powers concerned.\n\t(3)\tThe officer may enter the vehicle, or authorise another person to enter it, for the purpose of moving the vehicle.\n\t(4)\tThe officer or person authorised by the officer may use reasonable force to do any or all of the following:\n\t(a)\tto open unlocked doors and other unlocked panels and objects;\n\t(b)\tto gain access to the vehicle, or its engine or other mechanical components, to enable the vehicle to be moved;\n\t(c)\tto enable the vehicle to be towed.\n\t(5)\tThe officer or person authorised by the officer may drive the vehicle only if qualified and fit to drive it.\n","sortOrder":10},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Power to move or remove unattended or broken down vehicles","content":"Subdivision 3—Power to move or remove unattended or broken down vehicles\n40N—Removing unattended or broken down vehicle if danger or obstruction\n\t(1)\tThis section applies if—\n\t(a)\tan authorised officer believes on reasonable grounds that a light vehicle is unattended or broken down on a bridge, culvert or freeway; or\n\t(b)\tan authorised officer believes on reasonable grounds that—\n\t(i)\ta light vehicle is unattended or broken down on any road; and\n\t(ii)\tthe vehicle is—\n\t(A)\tcausing harm, or creating a risk of harm, to public safety, the environment or road infrastructure; or\n\t(B)\tcausing or likely to cause an obstruction to traffic or any event lawfully authorised to be held on the road; or\n\t(C)\tobstructing or hindering, or likely to obstruct or hinder, vehicles from entering or leaving land adjacent to the road.\n\t(2)\tThe officer may—\n\t(a)\tremove the vehicle, or, in the case of a vehicle that is a combination, any vehicle forming part of the combination (by driving or towing it or otherwise); or\n\t(b)\tauthorise another person to remove it (by driving or towing it or otherwise),\nto a convenient place.\n\t(3)\tThe officer may—\n\t(a)\tenter the vehicle, or authorise another person to enter it, for the purpose of removing the vehicle; or\n\t(b)\tin the case of a vehicle that is a combination, separate any or all of the vehicles forming part of the combination, or authorise another person to separate them, for the purpose of removing any or all of the vehicles.\n\t(4)\tThe officer may drive the vehicle even though the officer is not qualified to drive it, if the officer believes on reasonable grounds that there is no other person in, on or in the vicinity of the vehicle who is more capable of driving it than the officer and who is fit and willing to drive it.\n\t(5)\tThe person authorised by the officer may drive the vehicle even though the authorised person is not qualified to drive it, if the officer believes on reasonable grounds that there is no other person in, on or in the vicinity of the vehicle who is more capable of driving it than the authorised person and who is fit and willing to drive it.\n\t(6)\tThe officer or person driving a vehicle under the authority of this section is exempt from any other road law to the extent that the other law would require the officer or person to be licensed or otherwise authorised to drive it.\n\t(7)\tThe officer or person authorised by the officer may use reasonable force to the extent reasonably necessary for the purpose of entering or removing the vehicle.\nauthorised officer has the meaning assigned to the term by section 5, and includes—\n\t(a)\tin relation to a vehicle unattended or broken down on a freeway—a person authorised by the Minister for the purposes of this section; and\n\t(b)\tin relation to a vehicle unattended or broken down on any road within the area of a council—an officer of the council;\nevent has the same meaning as in section 33;\nfreeway means a length of road to which a freeway sign applies in accordance with the Australian Road Rules.\n40O—Operator's authorisation not required for driving under Subdivision\nIt is immaterial that the officer or person driving a vehicle under the authority of this Subdivision is not authorised to drive it.\n40P—Notice of removal of vehicle and disposal of vehicle if unclaimed\n\t(1)\tThis section applies if a light vehicle is removed to a convenient place under section 40N.\n\t(2)\tThe person who removed the vehicle must ensure that the owner of the vehicle is notified of the removal of the vehicle and of the place to which the vehicle was removed—\n\t(a)\tby written notice—\n\t(i)\tserved on the owner personally; or\n\t(ii)\tsent by registered post to the owner's last-known residential address,\nforthwith after the removal of the vehicle; or\n\t(b)\tby public notice published in a newspaper circulating generally in the State within 14 days after the removal of the vehicle.\n\t(3)\tIf the owner of the vehicle does not, within 1 month after service or publication of the notice relating to the removal of the vehicle—\n\t(a)\ttake possession of the vehicle; and\n\t(b)\tpay all expenses in connection with the removal, custody and maintenance of the vehicle and of serving, posting or publishing the notice,\nthe relevant authority must, subject to subsection (4), offer the vehicle for sale by public auction.\n\t(4)\tIf—\n\t(a)\tthe vehicle is offered for sale by public auction but is not sold at the auction; or\n\t(b)\tthe relevant authority reasonably believes that the proceeds of the sale of the vehicle would be unlikely to exceed the costs incurred in selling the vehicle,\nthe relevant authority may dispose of the vehicle in such manner as the relevant authority thinks fit.\n\t(5)\tThe relevant authority must apply any proceeds of sale of the vehicle as follows:\n\t(a)\tfirstly, in payment of the costs of and incidental to the sale;\n\t(b)\tsecondly, in payment of the costs of and incidental to the removal, custody and maintenance of the vehicle and of the notice served, posted or published under this section; and\n\t(c)\tthirdly, in payment of the balance to the owner of the vehicle.\n\t(6)\tIf after reasonable inquiry following sale of the vehicle the owner of the vehicle cannot be found, the balance of the proceeds of the sale will be paid—\n\t(a)\tif the vehicle was sold by the Commissioner of Police or the Minister—to the Treasurer to be credited to the Consolidated Account; or\n\t(b)\tif the vehicle was sold by a council—to the council.\nrelevant authority means—\n\t(a)\tin relation to a vehicle removed by a police officer—the Commissioner of Police; or\n\t(b)\tin relation to a vehicle removed by an officer of a council—the council; or\n\t(c)\tin relation to a vehicle removed by a person authorised by the Minister—the Minister.\n","sortOrder":11},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Powers of inspection and search","content":"Subdivision 4—Powers of inspection and search\n40Q—Power to inspect vehicle on road or certain official premises\n\t(1)\tThis section applies to a vehicle located at a place—\n\t(a)\ton a road; or\n\t(b)\tin or on premises occupied or owned by a public authority,\nwhether or not the vehicle is unattended.\n\t(2)\tAn authorised officer may inspect a vehicle for compliance purposes.\n\t(3)\tThe officer may enter the vehicle for the purpose of or in connection with conducting the inspection.\n\t(4)\tThe officer may exercise powers under this section at any time, and without the consent of the driver or other person apparently in charge of the vehicle or any other person.\n\t(5)\tWithout limiting the above, the power to inspect a vehicle under this section includes any or all of the following:\n\t(a)\tthe power to weigh, test, measure or take photographs of the vehicle or any part of it or its equipment or load;\n\t(b)\tthe power to check the existence or details of, or take photographs of, placards or other information required under an Australian road law to be displayed in or on the vehicle, including placards or other information relating to its specifications, capabilities or legal entitlements;\n\t(c)\tthe power to inspect and take copies of or extracts from any records that are located in or on the vehicle and that are required to be carried in or on the vehicle under an Australian road law;\n\t(d)\tthe power to access or download information that is required to be kept under an Australian road law and that is—\n\t(i)\tstored electronically in equipment located in or on the vehicle; or\n\t(ii)\taccessible electronically from equipment located in or on the vehicle.\n\t(6)\tThis section does not authorise the use of force, but the officer may under this section do any or all of the following:\n\t(a)\topen unlocked doors and other unlocked panels and objects;\n\t(b)\tinspect anything that has been opened or otherwise accessed under the power to use reasonable force in the exercise of a power to enter or move a vehicle under Subdivision 3;\n\t(c)\tmove but not take away anything that is not locked up or sealed.\n40R—Power to search vehicle on road or certain official premises\n\t(1)\tThis section applies to a vehicle located at a place—\n\t(a)\ton a road; or\n\t(b)\tin or on premises occupied or owned by a public authority,\nwhether or not the vehicle is unattended.\n\t(2)\tAn authorised officer may search a vehicle for compliance purposes, if the officer believes on reasonable grounds that—\n\t(a)\tthe vehicle has been used, is being used, or is likely to be used, in the commission of an Australian road law offence; or\n\t(b)\tthe vehicle has been or may have been involved in an accident.\n\t(3)\tThe officer may form the necessary belief during or after an inspection or independently of an inspection.\n\t(4)\tThe officer may enter the vehicle for the purpose of or in connection with conducting the search.\n\t(5)\tThe officer may exercise powers under this section at any time, and without the consent of the driver or other person apparently in charge of the vehicle or any other person.\n\t(6)\tWithout limiting the above, the power to search a vehicle under this section includes any or all of the following:\n\t(a)\tthe power to search for evidence of an Australian road law offence;\n\t(b)\tthe power to search for and inspect any records, devices or other things that relate to the vehicle or any part of its equipment or load and that are located in or on the vehicle;\n\t(c)\tthe power to take copies of or extracts from any or all of the following:\n\t(i)\tany records that are located in or on the vehicle and that are required to be carried in or on the vehicle under an Australian road law;\n\t(ii)\tany transport documentation or journey documentation located in or on the vehicle;\n\t(iii)\tany other records, or any readout or other data obtained from any device or thing, located in or on the vehicle that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an Australian road law offence;\n\t(d)\tany powers that may be exercised during an inspection of a vehicle under section 40Q(5).\n\t(7)\tThe power to search a vehicle under this section does not include a power to search a person.\n\t(8)\tThe officer may seize and remove any records, devices or other things from the vehicle that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an Australian road law offence.\n\t(9)\tThe officer may use reasonable force in the exercise of powers under this section.\n40S—Power to inspect premises\n\t(1)\tThis section applies to the following premises:\n\t(a)\tpremises at or from which a responsible person carries on business, or that are occupied by a responsible person in connection with such a business, or that are a registered office of a responsible person;\n\t(b)\tthe garage address of a vehicle;\n\t(c)\tpremises where records required to be kept under an Australian road law are located or are required to be located.\n\t(2)\tAn authorised officer may inspect the premises for compliance purposes.\n\t(3)\tThe officer may enter the premises for the purpose of conducting the inspection.\n\t(4)\tWithout limiting the above, the officer may inspect, or enter and inspect, any vehicle at the premises.\n\t(5)\tThe inspection may be made—\n\t(a)\tat any time with the consent of the occupier or other person apparently in charge of the premises; or\n\t(b)\tif a business is carried on at the premises—at any time during the usual business operating hours applicable at the premises (whether or not the premises are actually being used for that purpose), and without consent.\n\t(6)\tThis section does not authorise, without consent, the entry or inspection of—\n\t(a)\tpremises that are apparently unattended, unless the officer believes on reasonable grounds that the premises are not unattended; or\n\t(b)\tpremises that are, or any part of premises that is, used predominantly for residential purposes.\n\t(7)\tWithout limiting the above, the power to inspect premises under this section includes any or all of the following:\n\t(a)\tthe power to inspect and take copies of or extracts from any records located at the premises and required to be kept under an Australian road law;\n\t(b)\tthe power to check the existence of and inspect any devices (including weighing, measuring, recording or monitoring devices) required to be installed, used or maintained under an Australian road law, and to inspect and take copies of or extracts from any readout or other data obtained from any such device;\n\t(c)\tthe power to exercise with respect to a vehicle located at the premises any powers that may be exercised during an inspection of a vehicle under section 40Q(5);\n\t(d)\tthe power to use photocopying equipment on the premises free of charge for the purpose of copying any records or other material.\n\t(8)\tThis section does not authorise the use of force, but the officer may under this section do any or all of the following:\n\t(a)\topen unlocked doors and other unlocked panels and objects;\n\t(b)\tinspect anything that has been opened or otherwise accessed under the power to use reasonable force in the exercise of a power to enter or move a vehicle under Subdivision 3;\n\t(c)\tmove but not take away anything that is not locked up or sealed.\n40T—Power to search premises\n\t(1)\tThis section applies to the following premises:\n\t(a)\tpremises at or from which a responsible person carries on business, or that are occupied by a responsible person in connection with such a business, or that are a registered office of a responsible person;\n\t(b)\tthe garage address of a vehicle;\n\t(c)\tpremises where records required to be kept under an Australian road law are located or are required to be located;\n\t(d)\tpremises where the officer concerned believes on reasonable grounds that—\n\t(i)\ta vehicle is or has been located; or\n\t(ii)\ttransport documentation or journey documentation is located.\n\t(2)\tAn authorised officer may search premises for compliance purposes, if the officer believes on reasonable grounds—\n\t(a)\tthat there may be at the premises records, devices or other things that may provide evidence of an Australian road law offence; or\n\t(b)\tthat—\n\t(i)\ta vehicle has been or may have been involved in an accident; and\n\t(ii)\tthe vehicle is connected with the premises.\n\t(3)\tFor the purposes of this section, a vehicle is connected with the premises if—\n\t(a)\tthe premises are the garage address of the vehicle; or\n\t(b)\tthe vehicle is, or has within the past 72 hours been, located at the premises; or\n\t(c)\tthe premises are or may be otherwise connected (directly or indirectly) with the vehicle or any part of its equipment or load.\n\t(4)\tThe officer may form the necessary belief during or after an inspection or independently of an inspection.\n\t(5)\tThe officer may enter the premises for the purpose of conducting the search.\n\t(6)\tWithout limiting the above, the officer may search, or enter and search, any vehicle at the premises.\n\t(7)\tThe search may be conducted—\n\t(a)\tat any time under the authority of a warrant under this Act; or\n\t(b)\tat any time with the consent of the occupier or other person apparently in charge of the premises; or\n\t(c)\tif a business is carried on at the premises—at any time during the ordinary business hours applicable at the premises (whether or not the premises are actually being used at that time for that purpose), and without a warrant and without the consent of the occupier or other person apparently in charge of the premises or any other person; or\n\t(d)\tif the officer believes on reasonable grounds that subsection (2)(b) applies—at any time, and without a warrant and without the consent of the occupier or other person apparently in charge of the premises or any other person.\n\t(8)\tThis section does not authorise, without a warrant or consent, the entry or searching of—\n\t(a)\tpremises that are unattended, unless the officer believes on reasonable grounds that the premises are not unattended; or\n\t(b)\tpremises that are, or any part of premises that is, used predominantly for residential purposes.\n\t(9)\tWithout limiting the above, the power to search premises under this section includes any or all of the following:\n\t(a)\tthe power to search for evidence of an Australian road law offence;\n\t(b)\tthe power to search for and inspect any records, devices or other things that relate to a vehicle or any part of its equipment or load and that are located at the premises;\n\t(c)\tthe power to take copies of or extracts from any or all of the following:\n\t(i)\tany records that are located at the premises and are required to be kept under an Australian road law;\n\t(ii)\tany transport documentation or journey documentation located at the premises;\n\t(iii)\tany other records, or any readout or other data obtained from any device or thing, located at the premises that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an Australian road law offence;\n\t(d)\tthe power to use photocopying equipment on the premises free of charge for the purpose of copying any records or other material;\n\t(e)\tthe power to exercise with respect to a vehicle located at the premises any powers that may be exercised during a search of a vehicle under section 40R(6);\n\t(f)\tany powers that may be exercised during an inspection of premises under section 40S(7).\n\t(10)\tThe power to search premises under this section does not include a power to search a person.\n\t(11)\tThe officer may seize and remove any records, devices or other things from the premises that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an Australian road law offence.\n\t(12)\tThe officer may use reasonable force in the exercise of powers under this section.\n40U—Residential purposes\nFor the purposes of this Subdivision, premises are, or any part of premises is, taken not to be used for residential purposes merely because temporary or casual sleeping or other accommodation is provided there for drivers of vehicles.\n","sortOrder":12},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Other directions","content":"Subdivision 5—Other directions\n40V—Direction to give name and other personal details\npersonal details, in relation to a person, means—\n\t(a)\tthe person's full name; and\n\t(b)\tthe person's date of birth; and\n\t(c)\tthe address of where the person is living; and\n\t(d)\tthe address of where the person usually lives; and\n\t(e)\tthe person's business address.\n\t(2)\tIf an authorised officer suspects on reasonable grounds that a natural person whose personal details are unknown to the officer—\n\t(a)\tis or may be a responsible person; or\n\t(b)\thas committed or is committing or is about to commit an Australian road law offence; or\n\t(c)\tmay be able to assist in the investigation of an Australian road law offence or a suspected Australian road law offence; or\n\t(d)\tis or may be the driver or other person in charge of a vehicle that has been or may have been involved in an accident,\nthe officer may direct the person to give the officer then and there any or all of the person's personal details.\n\t(3)\tIf an authorised officer suspects on reasonable grounds that a personal detail given by a person in response to a direction is false or misleading, the officer may direct the person to produce evidence then and there of the correctness of the detail.\n\t(a)\tthe person is subject to a direction under subsection (2) or (3); and\n\t(b)\tthe person—\n\t(i)\tengages in conduct that results in a contravention of the direction; or\n\t(ii)\tgives any detail that is false or misleading in a material particular in purported response to the direction; or\n\t(iii)\tproduces any evidence that is false or misleading in a material particular in purported response to the direction.\n\t(5)\tSubsection (4)(b)(iii) does not apply if the person has a reasonable excuse.\n\t(6)\tIn proceedings for an offence of contravening a direction under subsection (2) in relation to a failure to state a business address, it is a defence if the person charged establishes that—\n\t(a)\tthe person did not have a business address; or\n\t(b)\tthe person's business address was not connected (directly or indirectly) with road transport involving vehicles.\n40W—Direction to produce records, devices or other things\n\t(1)\tAn authorised officer may, for compliance purposes, direct any responsible person to produce—\n\t(a)\tany records required to be kept under an Australian road law; or\n\t(b)\tany records comprising transport documentation or journey documentation in the person's possession or under the person's control; or\n\t(c)\tany records, or any devices or other things that contain or may contain records, in the person's possession or under the person's control relating to or indicating—\n\t(i)\tthe use, performance or condition of a vehicle; or\n\t(ii)\townership, insurance or registration of a vehicle; or\n\t(iii)\tany load or equipment carried or intended to be carried by a vehicle (including insurance of any such load or equipment); or\n\t(d)\tany records, or any devices or other things that contain or may contain records, in the person's possession or under the person's control demonstrating that a vehicle's garage address recorded in the relevant register is or is not the vehicle's actual garage address.\n\t(2)\tThe direction must—\n\t(a)\tspecify—\n\t(i)\tthe records, devices or other things; or\n\t(ii)\tthe classes of records, devices or other things,\nthat are to be produced; and\n\t(b)\tstate where, when and to whom the records, devices or other things are to be produced.\n\t(3)\tThe officer may do any or all of the following:\n\t(a)\tinspect records, devices or other things that are produced;\n\t(b)\tmake copies of, or take extracts from, records, devices or other things that are produced;\n\t(c)\tseize and remove records, devices or other things that are produced that the officer believes on reasonable grounds may on further inspection provide evidence of an Australian road law offence.\n\t(5)\tSubsection (4) does not apply if the person has a reasonable excuse.\n40X—Direction to provide information\n\t(1)\tAn authorised officer may, for compliance purposes, direct a responsible person to provide information to the officer about a vehicle or any load or equipment carried or intended to be carried by a vehicle.\n\t(2)\tWithout limiting the above, a direction under subsection (1) may require a responsible person who is associated with a particular vehicle to do any or all of the following:\n\t(a)\tto state the name, home address and business address of—\n\t(i)\tother responsible persons of specified types who are associated with the vehicle; and\n\t(ii)\tif so requested, in the case of a combination, the registered operator of each vehicle in the combination;\n\t(b)\tto provide information about the current or intended trip of the vehicle, including—\n\t(i)\tthe location of the start or intended start of the trip; and\n\t(ii)\tthe route or intended route of the trip; and\n\t(iii)\tthe location of the destination or intended destination of the trip.\n\t(b)\tthe person—\n\t(i)\tengages in conduct that results in a contravention of the direction; or\n\t(ii)\tthe person provides any information that is false or misleading in a material particular in purported response to the direction.\n\t(4)\tIn proceedings for an offence of contravening a direction under subsection (1), it is a defence if the person charged establishes that the person did not know and could not be reasonably expected to know or ascertain the required information.\n\t(5)\tIn proceedings for an offence of contravening a direction under subsection (1) in relation to a failure to state another person's business address, it is a defence if the person charged establishes that—\n\t(a)\tthe other person did not have a business address; or\n\t(b)\tthe other person's business address was not connected (directly or indirectly) with road transport involving vehicles.\n40Y—Direction to provide reasonable assistance for powers of inspection and search\n\t(1)\tAn authorised officer may direct a responsible person to provide assistance to the officer to enable the officer effectively to exercise a power under Subdivision 4.\n\t(2)\tWithout limiting the above, the assistance may include helping the officer to do any or all of the following:\n\t(a)\tto find and gain access to any records or information, including, but not limited to, electronically stored information;\n\t(b)\tto weigh or measure—\n\t(i)\tthe whole or any part of a vehicle, including an axle or axle group; or\n\t(ii)\tthe whole or any part of its equipment or load;\n\t(c)\tto operate equipment or facilities for a purpose relevant to the power being or proposed to be exercised;\n\t(d)\tto provide access free of charge to photocopying equipment for the purpose of copying any records or other material.\n\t(3)\tThis section authorises the giving of a direction to start or stop the engine of a vehicle, but not otherwise to drive the vehicle.\n\t(4)\tA direction—\n\t(a)\tcan only be given in relation to a power under Subdivision 4 (the principal power) while the principal power can lawfully be exercised; and\n\t(b)\tceases to be operative if the principal power ceases to be exercisable.\n\t(6)\tSubsection (5) does not apply if—\n\t(a)\tthe direction is unreasonable; or\n\t(b)\twithout limiting the above, the direction or its subject-matter is outside the scope of the business or other activities of the person.\n\t(7)\tIf the responsible person to whom a direction to start or stop the engine of a vehicle is given under this section fails to comply with the direction or no responsible person is available or willing to do so, the officer may—\n\t(a)\tenter the vehicle and start or stop its engine; or\n\t(b)\tauthorise any other person to do so.\n40Z—Provisions relating to starting or stopping engine\n\t(1)\tThis section applies to a person (the authorised person) who is—\n\t(a)\ta responsible person to whom a direction is given by an officer under section 40Y; or\n\t(b)\tan officer authorised by section 40Y(7) to start or stop the engine of a vehicle; or\n\t(c)\ta person authorised by an officer under section 40Y(7) to start or stop the engine of a vehicle.\n\t(2)\tThe authorised person may start or stop the engine even though the person is not qualified to drive the vehicle, if the officer believes on reasonable grounds that there is no other person in, on or in the vicinity of the vehicle who is more capable of starting or stopping the engine than the authorised person and who is fit and willing to start or stop the engine.\n\t(3)\tThe authorised person may use reasonable force in complying with the direction to start or stop the engine or when acting under the authority of section 40Y(7) to start or stop the engine.\n\t(4)\tIt is immaterial that the authorised person is not authorised to start or stop the engine.\n\t(5)\tThe authorised person is, in complying with the direction to start or stop the engine or when acting under the authority of section 40Y(7) to start or stop the engine, exempt from any other road law to the extent that the other law would require the authorised person to be licensed or otherwise authorised to do so.\n41—Manner of giving directions under Subdivision\n\t(1)\tA direction under this Subdivision may be given orally, in writing or in any other manner.\n\t(2)\tA direction not given in person may be sent or transmitted by post, telephone, facsimile, electronic mail, radio or in any other manner.\n41A—Directions to state when to be complied with\n\t(1)\tIf given orally, a direction under this Subdivision must state whether it is to be complied with then and there or within a specified period.\n\t(2)\tIf given in writing, a direction under this Subdivision must state the period within which it is to be complied with.\n","sortOrder":13},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Warrants","content":"Subdivision 6—Warrants\n41B—Warrants\n\t(1)\tThis section applies if an authorised officer believes on reasonable grounds that—\n\t(a)\tthere may be at particular premises, then or within the next 72 hours, records, devices or other things that may provide evidence of an Australian road law offence; or\n\t(b)\ta vehicle has been or may have been involved in an accident and—\n\t(i)\tthe vehicle is or has been located at particular premises; or\n\t(ii)\tparticular premises are or may be otherwise connected (directly or indirectly) with the vehicle or any part of its equipment or load.\n\t(2)\tThe officer may apply to a magistrate for a warrant authorising the officer to exercise a power to enter and search the premises under section 40T.\n\t(3)\tAn application for a warrant may be made personally or by telephone or other means authorised under the regulations.\n\t(4)\tA magistrate may, on an application for a warrant under this section, issue the warrant if satisfied that the warrant is reasonably required in the circumstances.\n\t(5)\tA warrant under this section—\n\t(a)\tmust specify—\n\t(i)\tthe name of the magistrate issuing the warrant; and\n\t(ii)\tthe person authorised to exercise the powers conferred by the warrant; and\n\t(iii)\tthe period for which the warrant will be in force (being a period not longer than 45 days); and\n\t(b)\tmay contain conditions and limitations; and\n\t(c)\tmay, on application by the person named in the warrant, be varied or renewed (and the provisions of this Act will apply in relation to such an application in the same way as if it were an application for the issue of a warrant).\n\t(6)\tThe Governor may make regulations governing the making of applications and the issuing of warrants under this section.\n","sortOrder":14},{"sectionNumber":"Subdiv 7","sectionType":"subdivision","heading":"Other provisions regarding inspections and searches","content":"Subdivision 7—Other provisions regarding inspections and searches\n41C—Use of assistants and equipment\n\t(1)\tAn authorised officer may exercise powers under this Division with the aid of such assistants and equipment as the officer considers reasonably necessary in the circumstances.\n\t(2)\tPowers that may be exercised by an authorised officer under this Division may be exercised by an assistant authorised and supervised by the officer, but only if the officer considers that it is reasonably necessary in the circumstances that the powers be exercised by an assistant.\n41D—Use of equipment to examine or process things\n\t(1)\tWithout limiting section 41C, an authorised officer exercising a power under this Division may bring to, or onto, a vehicle or premises any equipment reasonably necessary for the examination or processing of things found in, on or at the vehicle or premises in order to determine whether they are things that may be seized.\n\t(2)\tIf—\n\t(a)\tit is not practicable to examine or process the things at the vehicle or premises; or\n\t(b)\tthe occupier of the vehicle or premises consents in writing,\nthe things may be moved to another place so that the examination or processing can be carried out in order to determine whether they are things that may be seized.\n\t(3)\tThe officer, or a person assisting the officer, may operate equipment already in, on or at the vehicle or premises to carry out the examination or processing of a thing found in, on or at the vehicle or premises in order to determine whether it is a thing that may be seized, if the officer or person assisting believes on reasonable grounds that—\n\t(a)\tthe equipment is suitable for the examination or the processing; and\n\t(b)\tthe examination or processing can be carried out without damage to the equipment or the thing.\n41E—Use or seizure of electronic equipment\n\t(a)\ta thing found in, on or at a vehicle or premises is, or includes, a disk, tape or other device for the storage of information; and\n\t(b)\tequipment in, on or at the vehicle or premises may be used with the disk, tape or other storage device; and\n\t(c)\tthe authorised officer concerned believes on reasonable grounds that the information stored on the disk, tape or other storage device is relevant to determine whether a relevant law has been contravened,\nthe officer or a person assisting the officer may operate the equipment to access the information.\n\t(2)\tIf the officer or a person assisting the officer finds that a disk, tape or other storage device in, on or at the vehicle or premises contains information of a kind referred to in subsection (1)(c), the officer may—\n\t(a)\tput the information in documentary form and seize the documents so produced; or\n\t(b)\tcopy the information to another disk, tape or other storage device and remove that storage device from the vehicle or premises; or\n\t(c)\tif it is not practicable to put the information in documentary form or to copy the information, seize the disk, tape or other storage device and the equipment that enables the information to be accessed.\n\t(3)\tAn officer or a person assisting an officer must not operate or seize equipment for the purpose mentioned in this section unless the officer or person assisting believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment.\n","sortOrder":15},{"sectionNumber":"Subdiv 8","sectionType":"subdivision","heading":"Other provisions regarding seizure","content":"Subdivision 8—Other provisions regarding seizure\n41F—Receipt for and access to seized material\nIf a record, device or other thing is seized and removed under this Division, the authorised officer concerned must—\n\t(a)\tgive a receipt for it to the person from whom it is seized and removed; and\n\t(b)\tif practicable, allow the person who would normally be entitled to possession of it reasonable access to it.\n","sortOrder":16},{"sectionNumber":"Subdiv 9","sectionType":"subdivision","heading":"Miscellaneous","content":"Subdivision 9—Miscellaneous\n41H—Power to use force against persons to be exercised only by police officers\nA provision of this Division that authorises a person to use reasonable force does not authorise a person who is not a police officer to use force against a person.\n41I—Various powers may be exercised on same occasion \n\t(1)\tAn authorised officer may exercise various powers under road laws on the same occasion, whether the exercise of the powers is for the same purpose or different purposes and whether the opportunity to exercise 1 power arises only as a result of the exercise of another power.\nroad law includes—\n\t(a)\tthe Heavy Vehicle National Law (South Australia); and\n\t(b)\tthe Heavy Vehicle National Regulations (South Australia); and\n\t(c)\tPart 2 Divisions 4 and 5 of the Heavy Vehicle National Law (South Australia) Act 2013; and\n\t(d)\tthe local regulations as defined in the Heavy Vehicle National Law (South Australia) Act 2013.\n41J—Restoring vehicle or premises to original condition after action taken\nIf—\n\t(a)\tan authorised officer or a person authorised by the officer takes any action in the exercise or purported exercise of any power under this Division in relation to a vehicle or its equipment or load or in relation to any premises; and\n\t(b)\tdamage was caused by the unreasonable exercise of the power or by the use of force that was not authorised under this Division,\nthe officer must take reasonable steps to return the vehicle, equipment, load or premises to the condition it was in immediately before the action was taken or, instead, at the option of the operator of the vehicle or the occupier of the premises, the Crown must pay reasonable compensation for the damage caused to the vehicle, equipment, load or premises.\n41K—Self-incrimination\n\t(1)\tIt is not an excuse for a person to refuse or fail to provide or produce any information, document, record, device or other thing in compliance with a direction under this Division on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(2)\tIf compliance by a natural person with a direction under this Division to provide or produce any information, document, record, device or other thing might tend to incriminate the person or make the person liable to a penalty, then—\n\t(a)\tin the case of a person who is directed to produce any document, record, device or other thing—the fact of production (as distinct from the contents of the document, record, device or other thing); or\n\t(b)\tin any other case—the information provided in compliance with the direction,\nis not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).\n41L—Providing evidence to other authorities\nAny records, devices or other things seized under this Act, or any information obtained under this Act, may, for the purposes of law enforcement, be given to any public authority of any jurisdiction (including any corresponding Authority) considered appropriate by the Minister or the Commissioner of Police, but only after consultation with the public authority concerned.\n41M—Obstructing or hindering authorised officers\nA person commits an offence if—\n\t(a)\tan authorised officer is exercising a power under a road law; and\n\t(b)\tthe person obstructs or hinders the officer in the exercise of the power.\n41N—Impersonating authorised officers\nA person commits an offence if the person impersonates an authorised officer.\n41O—Division not to affect other powers\nThis Division does not derogate from any other law that confers powers on a police officer or on any other authorised officer.\n","sortOrder":17},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Mutual recognition and corresponding road laws","content":"Part 2A—Mutual recognition and corresponding road laws\n41P—Effect of administrative actions of authorities of other jurisdictions\nadministrative action means an action of an administrative nature, as in force from time to time;\nadministrative authority means—\n\t(a)\ta corresponding Authority; or\n\t(b)\ta person holding an office constituted by or under the law of another jurisdiction and prescribed by the regulations; or\n\t(c)\ta body constituted by or under the law of another jurisdiction and prescribed by the regulations.\n\t(2)\tAn administrative action of an administrative authority under or in connection with a corresponding road law has the same effect in this State as it has in the other jurisdiction.\n\t(3)\tNothing in this section gives an administrative action effect in this State or in a particular place in this State—\n\t(a)\tin so far as the action is incapable of having effect in or in relation to this State or that place; or\n\t(b)\tif any terms of the action expressly provide that the action does not extend or apply to or in relation to this State or that place; or\n\t(c)\tif any terms of the action expressly provide that the action has effect only in the other jurisdiction or a specified place in the other jurisdiction.\n\t(4)\tThis section applies only to administrative actions of kinds prescribed by the regulations.\n41Q—Effect of court orders of other jurisdictions\norder means an order in any judicial or other proceedings, civil or criminal, as in force from time to time.\n\t(2)\tAn order of a court or tribunal of another jurisdiction under or in connection with a corresponding road law has the same effect in this State as it has in the other jurisdiction.\n\t(3)\tNothing in this section gives an order effect in this State or in a particular place in this State—\n\t(a)\tin so far as the order is incapable of having effect in or in relation to this State or that place; or\n\t(b)\tif any terms of the order expressly provide that the order does not extend or apply to or in relation to this State or that place; or\n\t(c)\tif any terms of the order expressly provide that the order has effect only in the other jurisdiction or a specified place in the other jurisdiction.\n\t(4)\tThis section applies only to orders of kinds prescribed by the regulations.\n","sortOrder":18},{"sectionNumber":"Part 3","sectionType":"part","heading":"Duties of drivers, passengers and pedestrians","content":"Part 3—Duties of drivers, passengers and pedestrians\nDivision 2—Duty to stop and give assistance where person killed or injured\n43—Duty to stop, give assistance and present to police where person killed or injured\n\t(1)\tThe driver of a vehicle involved in an accident in which a person is killed or injured must—\n\t(a)\timmediately after the accident—\n\t(i)\tstop the vehicle; and\n\t(ii)\tgive all possible assistance; and\n\t(b)\tnot more than 90 minutes after the accident, present themself to a police officer at the scene of the accident or at a police station for the purpose of providing particulars of the accident and submitting to any requirement to undergo a test relating to the presence of alcohol or a drug in the driver's blood or oral fluid.\n\t(a)\timprisonment for 5 years; and\n\t(b)\tdisqualification from holding or obtaining a driver's licence for such period, being not less than 1 year, as the court thinks fit.\n\t(2)\tIf a court convicts a person of an offence against subsection (1)—\n\t(a)\tthe disqualification prescribed by that subsection cannot be reduced or mitigated in any way unless, in the case of a first offence, the court is satisfied that the offence is trifling, in which case it may order a period of disqualification that is less than the prescribed minimum period but not less than one month;\n\t(b)\tif the person is the holder of a driver's licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification.\n\t(3)\tIt is a defence to a charge of an offence against subsection (1) to prove that—\n\t(a)\tthe defendant was unaware that the accident had occurred and that the defendant's lack of awareness was reasonable in the circumstances; or\n\t(b)\tin relation only to a failure to comply with subsection (1)(a), the defendant—\n\t(i)\tgenuinely believed on reasonable grounds that compliance with subsection (1)(a) would endanger the defendant's physical safety, or the physical safety of another person; and\n\t(ii)\tat the earliest opportunity notified police, ambulance or some other authority responsible for providing emergency services of the accident; or\n\t(c)\tin relation only to a failure to comply with subsection (1)(b), the defendant—\n\t(i)\thad a reasonable excuse for the failure to comply; and\n\t(ii)\tpresented themself to a police officer as soon as possible after the accident.\nDivision 3—Fraudulent use of motor vehicles\n44A—Procuring use of vehicle by fraud\nA person must not procure the use or hire of a motor vehicle by dishonest misrepresentation.\nMaximum penalty: $300 or imprisonment for not more than six months or both.\nDivision 4—Vehicle misuse etc and careless and dangerous driving\n44B—Misuse of motor vehicle\n\t(1)\tFor the purposes of this section, a person misuses a motor vehicle if the person—\n\t(a)\toperates a motor vehicle so as to produce sustained wheel spin; or\n\t(b)\tdrives a motor vehicle so as to cause engine or tyre noise, or both, that is likely to disturb persons residing or working in the vicinity; or\n\t(c)\tdrives a motor vehicle onto an area of park or garden or other road related area so as to break up the ground surface or cause other damage.\n\t(2)\tHowever, conduct of a type described in subsection (1) does not constitute misuse of a motor vehicle if it occurs in a place with the consent of the owner or occupier of the place or the person who has the care, control and management of the place.\n\t(3)\tA person who misuses a motor vehicle is guilty of an offence.\n\t(4)\tA person who promotes or organises an event involving the misuse of a motor vehicle, knowing that it will involve the misuse of a motor vehicle, is guilty of an offence.\n\t(5)\tIf a court convicts a person of an offence against this section, the court must, if satisfied that the offending caused damage to, or the destruction of, any property or damage to an area of park or garden or a road related area, order the convicted person to pay to the owner of the property, or the owner, occupier or person who has the care, control and management of the area, such compensation as the court thinks fit.\n\t(6)\tThe power of a court under subsection (5) is in addition to, and does not derogate from, any powers of the court under the Sentencing Act 2017.\n44C—Driving ultra high powered vehicle with disabled automated intervention system\n\t(1)\tA person must not drive an ultra high powered vehicle on a road if an automated intervention system of the vehicle is disabled.\n\t(2)\tIt is a defence to a charge for an offence against this section if the person charged establishes that—\n\t(a)\tthe person—\n\t(i)\tdid not cause or contribute to the disablement of the automated intervention system of the ultra high powered vehicle; and\n\t(ii)\tdid not know and could not reasonably be expected to have known that the automated intervention system of the ultra high powered vehicle was disabled; and\n\t(iii)\tcould not reasonably be expected to have sought to ascertain whether the automated intervention system of the ultra high powered vehicle was disabled; or\n\t(b)\tit was impracticable for the person to drive the ultra high powered vehicle with the automated intervention system enabled.\nautomated intervention system, of a vehicle, means a system or function that identifies a hazardous condition in relation to the vehicle and responds to the condition by overriding the driver's control of the vehicle so as to avoid the condition, and includes, for example, any of the following:\n\t(a)\tanti‑lock braking;\n\t(b)\tautomated emergency braking;\n\t(c)\telectronic stability control;\n\t(d)\ttraction control,\nbut does not include a warning system;\ndisabled—an automated intervention system of a vehicle is disabled if it is permanently or temporarily destroyed, turned off, attenuated or otherwise rendered ineffective;\nhazardous condition includes a potentially hazardous condition;\nultra high powered vehicle means a motor vehicle of a kind prescribed by the regulations;\nwarning system, of a vehicle, means a system or function that identifies a hazardous condition in relation to the vehicle and alerts the driver to the condition such that the driver can attempt to control the vehicle so as to avoid the condition, and includes, for example, any of the following:\n\t(a)\ta blind spot or lane change warning;\n\t(b)\ta forward collision warning;\n\t(c)\ta lane departure warning.\n45—Careless driving\n\t(1)\tA person must not drive a vehicle without due care or attention or without reasonable consideration for other persons using the road.\n\t(2)\tIf a court convicts a person of an offence against this section that is an aggravated offence, the following provisions apply:\n\t(a)\tthe maximum penalty for the offence is 12 months imprisonment; and\n\t(b)\tsubject to subsection (2a), the court must order that the person be disqualified from holding or obtaining a driver's licence for such period, being not less than 6 months, as the court thinks fit; and\n\t(c)\tthe disqualification prescribed by paragraph (b) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence.\n\t(2a)\tSubsection (2)(b) does not apply if—\n\t(a)\tthe aggravating circumstances were that the offence caused harm to a person; and\n\t(b)\tthe harm so caused fell short of serious harm.\n\t(3)\tFor the purposes of this section, an aggravated offence is—\n\t(a)\tan offence that caused harm to a person; or\n\t(b)\tan offence committed in any of the following circumstances:\n\t(i)\tthe offender committed the offence in the course of attempting to escape pursuit by a police officer;\n\t(ii)\tthe offender was, at the time of the offence, driving a vehicle knowing that the offender was disqualified, under the law of this State or another State or Territory of the Commonwealth, from holding or obtaining a driver's licence or that the offender's licence was suspended by notice given under this Act;\n\t(iii)\tthe offender committed the offence while there was present in the offender's blood a concentration of .08 grams or more of alcohol in 100 millilitres of blood;\n\t(iv)\tthe offender was, at the time of the offence, driving a vehicle in contravention of section 45A, 47 or 47BA;\n\t(v)\tthe offender was, at the time of the offence, driving or using a motor vehicle that—\n\t(i)\twas stolen; or\n\t(ii)\twas being driven or used without the consent of the owner of the vehicle,\nand the offender knew, or was reckless with respect to, that fact;\n\t(vi)\tthe offender committed the offence knowing that there were 1 or more passengers in or on the motor vehicle;\n\t(vii)\tthe offender committed the offence while the offender was the holder of—\n\t(A)\ta provisional licence; or\n\t(B)\ta probationary licence; or\n\t(C)\ta learner's permit; or\n\t(D)\tan interstate provisional licence; or\n\t(E)\tan interstate learner's permit,\n(as defined in the Motor Vehicles Act 1959) authorising the holder to drive a motor vehicle of the class driven by the offender at the time of the offence;\n\t(viii)\tthe offender committed the offence while the offender was not, at the time of the offence, the holder of—\n\t(A)\ta driver's licence; or\n\t(B)\ta learner's permit; or\n\t(C)\tan interstate licence; or\n\t(D)\tan interstate learner's permit; or\n\t(E)\ta foreign licence,\n(as defined in the Motor Vehicles Act 1959) authorising the holder to drive a motor vehicle of the class driven by the offender at the time of the offence.\n\t(4)\tIf a person is charged with an aggravated offence against this section, the circumstances alleged to aggravate the offence must be stated in the instrument of charge.\n\t(4a)\tIt is a defence to a charge of an offence against this section for the defendant to prove that the defendant was, at the time of the offence—\n\t(a)\tcarrying out duties as an emergency worker; and\n\t(b)\tacting in accordance with the directions of the defendant's employing authority; and\n\t(c)\tacting reasonably in the circumstances as the defendant believed them to be.\nemergency worker means a police officer or a person who is an emergency worker as defined by the regulations for the purposes of this section;\nemploying authority means—\n\t(a)\tin relation to a police officer—the Commissioner of Police; or\n\t(b)\tin relation to a person who is an emergency worker as defined by the regulations for the purposes of this section—the person defined by the regulations as the employing authority for that person;\nharm has the same meaning as in section 21 of the Criminal Law Consolidation Act 1935;\nserious harm has the same meaning as in section 21 of the Criminal Law Consolidation Act 1935.\n45A—Excessive speed\n\t(1)\tA person who drives a vehicle at a speed exceeding, by 45 kilometres an hour or more, a relevant speed limit is guilty of an offence.\n\t(a)\tin the case of a first offence—\n\t(i)\tif the offence is a basic offence—a fine of not less than $3 000 and not more than $5 000; or\n\t(ii)\tif the offence is an aggravated offence—2 years imprisonment;\n\t(b)\tin the case of a subsequent offence—2 years imprisonment.\n\t(3)\tIf a court convicts a person of an offence against subsection (1), the following provisions apply:\n\t(i)\tin the case of a first offence—\n\t(A)\tif the offence is a basic offence—for such period, being not less than 6 months, as the court thinks fit; or\n\t(B)\tif the offence is an aggravated offence—for such period, being not less than 2 years, as the court thinks fit;\n\t(ii)\tin the case of a subsequent offence—for such period, being not less than 2 years, as the court thinks fit;\n\t(b)\tthe disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence;\n\t(c)\tif the person is the holder of a driver's licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification.\n\t(4)\tIn determining whether an offence is a first or subsequent offence for the purposes of this section—\n\t(a)\tany previous offence against subsection (1); and\n\t(b)\tany previous offence against section 46 (whether committed before or after the commencement of this section),\nfor which the defendant has been convicted or that the defendant has expiated will be taken into account, but only if the previous offence was committed or alleged to have been committed within the period of 5 years immediately preceding the date on which the offence under consideration was allegedly committed.\n\t(4a)\tFor the purposes of this section, an aggravated offence is—\n\t(a)\tan offence that caused harm to a person; or\n\t(b)\tan offence committed in any of the following circumstances:\n\t(i)\tthe offender committed the offence in the course of attempting to escape pursuit by a police officer;\n\t(ii)\tthe offender was, at the time of the offence, driving a vehicle knowing that the offender was disqualified, under the law of this State or another State or Territory of the Commonwealth, from holding or obtaining a driver's licence or that the offender's licence was suspended by notice given under this Act;\n\t(iii)\tthe offender committed the offence while there was present in the offender's blood a concentration of .08 grams or more of alcohol in 100 millilitres of blood;\n\t(iv)\tthe offender was, at the time of the offence, driving a vehicle in contravention of section 47 or 47BA;\n\t(v)\tthe offender was, at the time of the offence, driving or using a motor vehicle that—\n\t(A)\twas stolen; or\n\t(B)\twas being driven or used without the consent of the owner of the vehicle,\nand the offender knew, or was reckless with respect to, that fact;\n\t(vi)\tthe offender committed the offence knowing that there were 1 or more passengers in or on the motor vehicle;\n\t(vii)\tthe offender committed the offence while the offender was the holder of—\n\t(A)\ta provisional licence; or\n\t(B)\ta probationary licence; or\n\t(C)\ta learner's permit; or\n\t(D)\tan interstate provisional licence; or\n\t(E)\tan interstate learner's permit,\n(as defined in the Motor Vehicles Act 1959) authorising the holder to drive a motor vehicle of the class driven by the offender at the time of the offence;\n\t(viii)\tthe offender committed the offence while the offender was not, at the time of the offence, the holder of—\n\t(A)\ta driver's licence; or\n\t(B)\ta learner's permit; or\n\t(C)\tan interstate licence; or\n\t(D)\tan interstate learner's permit; or\n\t(E)\ta foreign licence,\n(as defined in the Motor Vehicles Act 1959) authorising the holder to drive a motor vehicle of the class driven by the offender at the time of the offence.\n\t(4b)\tIf a person is charged with an aggravated offence against subsection (1), the circumstances alleged to aggravate the offence must be stated in the instrument of charge.\n\t(5)\tThis section is in addition to, and does not derogate from, any other provision relating to speed limits contained in this or any other Act or in any regulation, rule or by-law made under this or any other Act.\nbasic offence means an offence against subsection (1) that is not an aggravated offence;\nharm has the same meaning as in section 21 of the Criminal Law Consolidation Act 1935;\nrelevant speed limit, for a person who drives a motor vehicle, means a speed limit that applies to the driver under—\n\t(a)\tthis Act (other than section 82 or 83); or\n\t(b)\tthe Motor Vehicles Act 1959.\n45B—Power of police to impose licence disqualification or suspension\n\t(1)\tSubject to this section, a police officer may give a person a notice of licence disqualification or suspension that includes the prescribed particulars if—\n\t(a)\tthe police officer reasonably believes that the person has committed an offence against section 45A; or\n\t(b)\tthe person has been given an expiation notice for an offence against section 79B constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of an offence against section 45A.\n\t(2)\tIf a person is given a notice of licence disqualification or suspension under subsection (1)—\n\t(a)\tin the case of a person who does not hold a driver's licence—the person is disqualified from holding or obtaining a driver's licence for the relevant period; or\n\t(b)\tin the case of a person who holds a driver's licence—the person's driver's licence is suspended for the relevant period.\n\t(3)\tThe Commissioner of Police must ensure that prescribed particulars of a notice of licence disqualification or suspension given to a person under this section are forwarded to the Registrar of Motor Vehicles.\n\t(4)\tThe Registrar of Motor Vehicles must, on receiving particulars of a notice of licence disqualification or suspension from the Commissioner of Police, send, by post, a notice to the person of the name and address specified by the Commissioner containing the prescribed particulars of the notice of licence disqualification or suspension.\n\t(5)\tThe operation of a notice of licence disqualification or suspension is not affected by any failure to comply with subsection (4).\n\t(7)\tIf—\n\t(a)\ta period of licence disqualification or suspension has applied to a person as a result of the person having been given a notice of licence disqualification or suspension under this section; and\n\t(b)\ta court convicts the person of the offence in relation to which the notice was given or another offence arising out of the same course of conduct; and\n\t(c)\ta mandatory minimum period of disqualification would (apart from this subsection) be required to be imposed for the offence,\n\t(d)\tthe court must order that the person be disqualified from holding or obtaining a driver's licence for a period determined by the court (and if the person is the holder of a driver's licence, the disqualification operates to cancel the licence from the commencement of that period); and\n\t(e)\tdespite any other provision of this or any other Act, the court must, in determining the period, take into account the period of licence disqualification or suspension that has applied to the person as a result of the notice and may impose a period that is less than the mandatory minimum period of disqualification (provided that the period imposed is not less than the difference between the mandatory minimum and the period that has applied as a result of the notice).\n\t(8)\tSubject to subsection (9), no compensation is payable by the Crown or a police officer in respect of the exercise, or purported exercise, of powers under this section.\n\t(9)\tSubsection (8) does not protect a police officer from liability in respect of the exercise, or purported exercise, of powers otherwise than in good faith.\n\t(10)\tFor the purposes of this section—\n\t(i)\tin the case of a notice given to a person who has been given an expiation notice for an offence against section 79B—28 days after the notice of licence disqualification or suspension is given to the person; or\n\t(ii)\tin any other case—at the time at which the person is given the notice of licence disqualification or suspension or, if a police officer referred to in subsection (1) is satisfied that, in the circumstances, it would be appropriate to postpone the commencement of the relevant period and the notice indicates that the commencement is to be postponed, 48 hours after the time at which the person is given the notice;\n\t(i)\twhen proceedings for the offence to which the notice relates are determined by a court or are withdrawn or otherwise discontinued; or\n\t(ii)\tin any event—at the end of 6 months from the commencement of the relevant period.\n\t(11)\tA regulation made before the commencement of this subsection prescribing the form of a notice of licence disqualification or suspension under this section or varying such a form is declared to be, and to have always been, valid.\n\t(12)\tA notice given to a person by a police officer before the commencement of this subsection that purported to be a notice of licence disqualification or suspension under this section is declared to be, and to have always been, valid if the notice includes the prescribed particulars and was given in the circumstances specified in subsection (1).\n\t(13)\tIf the Commissioner of Police is satisfied that a notice of licence disqualification or suspension under this section should not have been given because—\n\t(14)\tA withdrawal referred to in subsection (13) is effected by giving notice of the withdrawal, in a manner and form determined by the Commissioner, to the person to whom the notice of licence disqualification or suspension was given.\n\t(15)\tThe notice of withdrawal must specify the reason for withdrawal.\n\t(16)\tIf a notice of licence disqualification or suspension under this section is withdrawn, the Commissioner of Police may, if satisfied that there are proper grounds to give a fresh notice of licence disqualification or suspension to any person, give such a notice.\n45C—Speed and gear restrictions for trucks and buses on prescribed roads\n\t(1)\tA person must not drive a truck or bus on a prescribed road at a speed exceeding a relevant speed limit by 10 kilometres an hour or more.\n\t(a)\tfor a first offence—$5 000;\n\t(b)\tfor a subsequent offence—imprisonment for 2 years.\n\t(2)\tA person driving a truck or bus on a length of prescribed road to which a trucks and buses low gear sign applies must drive the truck or bus in a gear that is low enough to enable the vehicle to be driven safely on that length of road without the use of a primary brake.\n\t(a)\tfor a first offence—$5 000;\n\t(b)\tfor a subsequent offence—imprisonment for 2 years.\n\t(3)\tIf a court convicts a person of an offence against this section, the following provisions apply:\n\t(a)\tthe court must order that the person is disqualified from holding or obtaining a driver's licence for the following period:\n\t(i)\tfor a first offence—such period, being not less than 6 months, as the court thinks fit;\n\t(ii)\tfor a second offence—such period, being not less than 12 months, as the court thinks fit;\n\t(iii)\tfor a subsequent offence—such period, being not less than 3 years, as the court thinks fit;\n\t(b)\tthe disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence;\n\t(c)\tif the person is the holder of a driver's licence—the disqualification operates to suspend the licence as from the commencement of the period of disqualification.\n\t(4)\tIn determining whether an offence is a first, second or subsequent offence for the purposes of this section, any previous offence against this section for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the period of 5 years immediately preceding the date on which the offence under consideration was committed.\n\t(5)\tSubsection (1) is in addition to, and does not derogate from, any other provision relating to speed limits contained in this or any other Act or in any regulation, rule or by-law made under this or any other Act.\n\t(6)\tFor the purposes of this section, a trucks and buses low gear sign applies to a length of road if it so applies for the purposes of the Australian Road Rules.\nbus means a vehicle that is a bus for the purposes of the Australian Road Rules;\nlength, of road, means an area of road that is a length, of road, for the purposes of the Australian Road Rules;\nprescribed road means a portion of RN 04500 South Eastern Freeway, or adjacent land, defined by the regulations for the purposes of this section;\nprimary brake means the footbrake, or other brake, fitted to a truck or bus that is normally used to slow or stop the vehicle;\nrelevant speed limit, for a person who drives a truck or bus, means a speed limit that applies to the driver under this Act (other than section 82 or 83 of this Act) or the Motor Vehicles Act 1959;\ntruck means a vehicle that is a truck for the purposes of the Australian Road Rules;\ntrucks and buses low gear sign means a sign that is a trucks and buses low gear sign for the purposes of the Australian Road Rules.\n45D—Power of police to impose licence disqualification or suspension for section 45C etc offences\n\t(1)\tThis section applies to the following offences:\n\t(a)\tan offence against section 45C that is a second or subsequent offence;\n\t(b)\tan offence against section 79B constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of an offence against section 45C(1) (a section 79B offence) that is a second or subsequent offence.\n\t(1a)\tIn determining whether an offence to which this section applies is a second or subsequent offence for the purposes of this section—\n\t(a)\tin the case of an offence against section 45C, any previous offence against section 45C for which the person has been convicted or that the person has expiated will be taken into account; and\n\t(b)\tin the case of a section 79B offence, any previous section 79B offence for which the person has been convicted or that the person has expiated will be taken into account,\nbut only if the previous offence was committed or, in the case of an offence that has been expiated, was alleged to have been committed, by the person within the period of 5 years immediately preceding the date on which the offence under consideration was committed.\n\t(2)\tSubject to this section—\n\t(a)\tif a person is given an expiation notice for an offence to which this section applies, a police officer may give the person a notice of licence disqualification or suspension that includes the prescribed particulars; or\n\t(b)\tif a police officer reasonably believes that a person has committed an offence to which this section applies, the police officer (or another police officer authorised to do so on behalf of that officer) may give the person such a notice.\n\t(3)\tThe notice must specify the offence to which the notice relates.\n\t(4)\tIf a person is given a notice of licence disqualification or suspension under this section—\n\t(a)\tin the case of a person who does not hold a driver's licence—the person is disqualified from holding or obtaining a driver's licence for the relevant period; or\n\t(b)\tin the case of a person who holds a driver's licence—the person's driver's licence is suspended for the relevant period.\n\t(5)\tIf a person is given a notice of licence disqualification or suspension under this section—\n\t(a)\tthe Commissioner of Police must ensure that prescribed particulars of the notice are forwarded to the Registrar of Motor Vehicles; and\n\t(b)\tthe Registrar of Motor Vehicles must, on receiving those particulars, send, by post, a notice to the person of the name and address specified by the Commissioner containing the prescribed particulars of the notice of licence disqualification or suspension (though the operation of the notice is not affected by any failure to comply with this paragraph),\nand if such a notice of licence disqualification or suspension is subsequently withdrawn, the Commissioner must ensure that notice of the withdrawal (specifying the reason for the withdrawal) is forwarded to the Registrar.\n\t(6)\tIf a person is given a notice of licence disqualification or suspension under this section but is not given an expiation notice for the offence to which the notice relates or another offence to which this section applies arising out of the same course of conduct (or such an expiation notice is withdrawn or the person elects to be prosecuted in accordance with the Expiation of Offences Act 1996), the Commissioner of Police must ensure—\n\t(a)\tthat a determination is made, within a reasonable time, as to whether to charge the person with an offence to which this section applies or give the person an expiation notice in respect of such an offence; and\n\t(b)\tif a determination is made that the person should not be charged with, or given an expiation notice in respect of, any offence to which this section applies, that—\n\t(i)\tthe person is given, or sent by post, written notice of that determination (which notice should include any prescribed particulars relating to the effect of the determination on the notice of licence disqualification or suspension); and\n\t(ii)\twritten notice of the determination is forwarded to the Registrar of Motor Vehicles,\nbut—\n\t(c)\tthe laying of charges against a person, or the giving of an expiation notice, is not prevented by a failure to comply with this subsection in relation to the person or by the making of a determination referred to in this subsection or the notification of such a determination; and\n\t(d)\tsubject to the making of an order of the Magistrate's Court under section 45E(2)(b), the operation of the notice of licence disqualification or suspension is not affected by any failure to comply with this subsection.\n\t(7)\tIf a person who is given a notice of licence disqualification or suspension under this section is charged with an offence, or given an expiation notice in respect of an offence, that is not the offence specified in the notice but is instead another offence to which this section applies arising out of the same course of conduct, that offence will then be taken to be the offence to which the notice relates.\n\t(8)\tIf—\n\t(a)\ta period of licence disqualification or suspension has applied to a person as a result of the person having been given a notice of licence disqualification or suspension under this section; and\n\t(b)\ta court convicts the person of the offence to which the notice relates or another offence arising out of the same course of conduct; and\n\t(c)\ta mandatory minimum period of disqualification would (apart from this subsection) be required to be imposed for the offence,\n\t(d)\tthe court must order that the person be disqualified from holding or obtaining a driver's licence for a period determined by the court (and if the person is the holder of a driver's licence and the mandatory minimum period of disqualification required to be imposed for the offence for which the person was convicted operates to cancel such a licence, the period of disqualification ordered by the court under this subsection operates to cancel the person's licence from the commencement of that period); and\n\t(e)\tdespite any other provision of this or any other Act, the court must, in determining the period, take into account the period of licence disqualification or suspension that has applied to the person as a result of the notice and may for that purpose—\n\t(i)\tif the relevant period of licence disqualification or suspension under the notice has not ended, order that the period imposed be taken to have commenced on the day on which the relevant period commenced (provided that the period imposed is not less than the mandatory minimum period of disqualification); or\n\t(ii)\tif the relevant period of licence disqualification or suspension under the notice has ended, impose a period that is less than the mandatory period of disqualification (provided that the period imposed is not less than the difference between the mandatory minimum period of disqualification and the period that has applied as a result of the notice),\nand if the person is the holder of a driver's licence and the mandatory minimum period of disqualification required to be imposed operates to cancel the licence, the licence will be taken to have been cancelled—\n\t(iii)\twhere subparagraph (i) applies—from the day on which the order of the court is made; or\n\t(iv)\twhere subparagraph (ii) applies—from the commencement of the period of disqualification ordered by the court.\n\t(9)\tIf the Commissioner of Police is satisfied that a notice of licence disqualification or suspension under this section should not have been given because—\n\t(10)\tA withdrawal referred to in subsection (9) is effected by giving notice of the withdrawal, in a manner and form determined by the Commissioner, to the person to whom the notice of licence disqualification or suspension was given.\n\t(11)\tThe notice of withdrawal must specify the reason for withdrawal.\n\t(12)\tIf a notice of licence disqualification or suspension under this section is withdrawn, the Commissioner of Police may, if satisfied that there are proper grounds to give a fresh notice of licence disqualification or suspension to any person, authorise the giving of such a notice (provided that the relevant period for the fresh notice must, if it is given to the same person as was given the withdrawn notice, be reduced by the period for which the withdrawn notice was (or purported to be) in operation).\n\t(13)\tSubject to subsection (14), no compensation is payable by the Crown or a police officer in respect of the exercise, or purported exercise, of powers under this section.\n\t(14)\tSubsection (13) does not protect a police officer from liability in respect of the exercise, or purported exercise, of powers otherwise than in good faith.\n\t(15)\tFor the purposes of this section—\n\t(i)\tin the case of a notice of licence disqualification or suspension under this section for an offence against section 45C—at the time at which the person is given the notice of licence disqualification or suspension or, if a police officer referred to in subsection (2) is satisfied that, in the circumstances, it would be appropriate to postpone the commencement of the relevant period and the notice indicates that the commencement is to be postponed, 48 hours after the time at which the person is given the notice; or\n\t(ii)\tin the case of a notice of licence disqualification or suspension under this section for a section 79B offence—28 days after the notice of licence disqualification or suspension is given to the person;\n\t(i)\tif the Magistrates Court, on application under section 45E, makes an order that the person given the notice is not disqualified, or that the driver's licence held by the person is not suspended, by the notice; or\n\t(ii)\tif the person given the notice is notified in writing by or on behalf of the Commissioner of Police (whether that notification is given personally or by post) that the person—\n\t(A)\tis not to be charged with any offence to which this section applies arising out of the course of conduct to which the notice of licence disqualification or suspension relates; and\n\t(B)\tis not to be given an expiation notice in respect of such an offence; or\n\t(iii)\tif proceedings for the offence to which the notice relates are determined by a court or are withdrawn or otherwise discontinued; or\n\t(iv)\tif the person given the notice is notified in accordance with subsection (10) that the notice has been withdrawn; or\n\t(v)\tin any event, at the end of 6 months from the commencement of the relevant period.\n\t(16)\tThe Commissioner of Police must establish procedures to be followed by police officers giving notices of licence disqualification or suspension under this section for the purpose of determining whether the commencement of the relevant period should be postponed under subsection (15)(a)(i).\n45E—Application to Court to have disqualification or suspension under section 45D lifted\n\t(1)\tIf a person is given a notice of licence disqualification or suspension under section 45D (or is sent particulars of such a notice by the Registrar of Motor Vehicles) but is not given an expiation notice for an offence to which section 45D applies (or such an expiation notice is withdrawn or the person elects to be prosecuted in accordance with the Expiation of Offences Act 1996), the person may apply to the Magistrates Court for an order that the person is not disqualified, or the person's driver's licence is not suspended, by the notice.\n\t(2)\tThe Magistrates Court may, on an application under subsection (1), make an order that the person is not disqualified, or the person's driver's licence is not suspended, by the notice if—\n\t(a)\tthe Court is satisfied, on the basis of oral evidence given on oath by the applicant, that there is a reasonable prospect that the applicant would, in proceedings for the offence to which the notice relates, be acquitted of the offence and the evidence before the Court does not suggest that the applicant may be guilty of another offence to which section 45D applies; or\n\t(b)\tthe Court is satisfied that the person has not been charged with any offence to which section 45D applies and that the prosecution authorities have had a reasonable time, in the circumstances, within which to make a determination as to the laying of charges against the person.\n\t(3)\tThe application must be commenced by lodging written application with the Magistrates Court, in the form prescribed by rules of the Court, setting out the grounds on which the application is made and particulars of the evidence that will be relied on by the applicant.\n\t(4)\tThe Commissioner of Police—\n\t(a)\tmust be served, by an applicant for an order under this section, with a copy of the application as soon as practicable after the application is made; and\n\t(b)\tis a party to the application; and\n\t(c)\tmay (but is not required to) appear at the hearing represented by legal counsel or a police officer.\n\t(5)\tAny legal counsel or police officer representing the Commissioner of Police at the hearing may make submissions in relation to the application but is not entitled to cross-examine the applicant.\n\t(6)\tIf the Commissioner of Police does not appear at the hearing, the clerk of the Court must notify the Commissioner, in writing, of the date on which the application was determined and the nature and effect of any order made in relation to the application.\n46—Reckless and dangerous driving\n\t(1)\tA person must not drive a vehicle recklessly or at a speed or in a manner which is dangerous to any person.\n\t(a)\tin the case of a first offence—$5 000 or imprisonment for 2 years;\n\t(b)\tin the case of a subsequent offence—imprisonment for 3 years.\n\t(2)\tIn considering whether an offence has been committed under this section, the court must have regard to—\n\t(a)\tthe nature, condition and use of the road on which the offence is alleged to have been committed; and\n\t(b)\tthe amount of traffic on the road at the time of the offence; and\n\t(c)\tthe amount of traffic which might reasonably be expected to enter the road from other roads and places; and\n\t(d)\tall other relevant circumstances, whether of the same nature as those mentioned or not.\n\t(3)\tIf a court convicts a person of an offence against subsection (1), the following provisions apply:\n\t(i)\tin the case of a first offence—for such period, being not less than 12 months, as the court thinks fit; or\n\t(b)\tthe disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence unless, in the case of a first offence, the court is satisfied, by evidence given on oath, that the offence is trifling, in which case it may order a period of disqualification that is less than the prescribed minimum period but not less than one month.\n\t(4)\tIn determining whether an offence is a first or subsequent offence for the purposes of this section, only a previous offence against subsection (1) for which the defendant has been convicted that was committed within the period of five years immediately preceding the commission of the offence under consideration will be taken into account.\n\t(5)\tIt is a defence to a charge of an offence against this section for the defendant to prove that the defendant was, at the time of the offence—\n\t(a)\tcarrying out duties as an emergency worker; and\n\t(b)\tacting in accordance with the directions of the defendant's employing authority; and\n\t(c)\tacting reasonably in the circumstances as the defendant believed them to be.\nemergency worker means a police officer or a person who is an emergency worker as defined by the regulations for the purposes of this section;\nemploying authority means—\n\t(a)\tin relation to a police officer—the Commissioner of Police; or\n\t(b)\tin relation to a person who is an emergency worker as defined by the regulations for the purposes of this section—the person defined by the regulations as the employing authority for that person.\nDivision 5—Drink driving and drug driving\n47—Driving under the influence\n\t(a)\tdrive a vehicle; or\n\t(b)\tattempt to put a vehicle in motion,\nwhile so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the vehicle.\n\t(a)\tif the vehicle concerned was a motor vehicle—\n\t(i)\tfor a first offence—\n\t(A)\ta fine of not less than $1 100 and not more than $1 600; or\n\t(B)\timprisonment for not more than 3 months; and\n\t(ii)\tfor a subsequent offence—\n\t(A)\ta fine of not less than $1 900 and not more than $2 900; or\n\t(B)\timprisonment for not more than 6 months;\n\t(b)\tif the vehicle concerned was not a motor vehicle—$500.\n\t(1a)\tIf a person engages in conduct involving a motor vehicle that constitutes an offence against subsection (1) while a child under the age of 16 years is present in or on that motor vehicle, the person commits an offence against this subsection and is liable to the same penalty as is prescribed for an offence against subsection (1).\n\t(1b)\tIf a person is charged with an offence against subsection (1a) but the court is not satisfied that an offence against that subsection has been established beyond reasonable doubt, the person may be convicted, on that charge, of an offence against subsection (1) if the court is satisfied that an offence against subsection (1) has been so established.\n\t(2)\tFor the purposes of subsection (1), a person is incapable of exercising effective control of a vehicle if, owing to the influence of intoxicating liquor or a drug, the use of any mental or physical faculty of that person is lost or appreciably impaired.\nThis subsection does not restrict the meaning of the words \"incapable of exercising effective control of a vehicle\".\n\t(3)\tIf a court convicts a person of an offence against this section in which the vehicle concerned was a motor vehicle, the following provisions apply:\n\t(i)\tin the case of a first offence—for such period, being not less than twelve months as the court thinks fit; or\n\t(b)\tthe disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence unless, in the case of a first offence, the court is satisfied, by evidence given on oath, that the offence is trifling, in which case it may order a period of disqualification that is less than the prescribed minimum period but not less than one month;\n\t(d)\tif the person is the holder of a driver's licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification;\n\t(e)\tthe court may, if it thinks fit to do so, order that conditions imposed by section 81A or 81AB of the Motor Vehicles Act 1959 on any driver's licence issued to the person after the period of disqualification be effective for a period greater than the period prescribed by that section.\n\t(4)\tIn determining whether an offence is a first or subsequent offence for the purposes of this section, any previous drink driving offence or drug driving offence for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the prescribed period immediately preceding the date on which the offence under consideration was committed.\n47A—Interpretation\n\t(1)\tIn this Act—\nalcotest means a test by means of an apparatus of a kind approved by the Governor for the conduct of alcotests;\nanalyst means—\n\t(a)\ta person appointed by the Minister as an analyst for the purposes of this Act; or\n\t(b)\ta person holding an office of a class approved by the Minister for the purposes of this Act;\napproved blood test kit means a kit of a kind declared by the Governor to be an approved blood test kit;\nbreath analysing instrument means an apparatus of a kind approved as a breath analysing instrument by the Governor;\nbreath analysis means an analysis of breath by a breath analysing instrument;\ncategory 1 offence means an offence against section 47B(1) involving a concentration of alcohol of less than .08 grams in 100 millilitres of blood;\ncategory 2 offence means an offence against section 47B(1) or (1a) involving a concentration of alcohol of less than .15 grams, but not less than .08 grams, in 100 millilitres of blood;\ncategory 3 offence means an offence against section 47B(1) or (1a) involving a concentration of alcohol of .15 grams or more in 100 millilitres of blood;\ndriver testing station means a driver testing station established under section 47DA;\ndrug screening test means a test by means of an apparatus of a kind approved by the Governor for the conduct of drug screening tests;\ngross vehicle mass, in relation to a vehicle, means—\n\t(a)\tif the vehicle is registered in this State and a gross vehicle mass limit has been fixed in respect of that vehicle by the Registrar of Motor Vehicles—the mass by reference to which that limit has been fixed;\n\t(b)\tif the vehicle is registered in another State or a Territory of the Commonwealth and a limitation or restriction on the mass of the vehicle has been imposed by or under the law of that State or Territory—the mass by reference to which that limitation or restriction has been imposed;\n\t(c)\tin any other case—the unladen mass of the vehicle;\noral fluid includes saliva;\noral fluid analysis means the analysis of a person's oral fluid to determine whether a prescribed drug is present in the oral fluid;\nprescribed circumstances—a requirement to submit to an alcotest, breath analysis or drug screening test under section 47E or 47EAA, or a direction to stop a vehicle for the purpose of making such a requirement, is made or given in prescribed circumstances if the police officer who makes the requirement or gives the direction believes on reasonable grounds that the person of whom the requirement is, or is to be, made has, within the preceding 8 hours—\n\t(a)\tcommitted an offence of a prescribed class; or\n\t(b)\tbehaved in a manner that indicates that the person's ability to drive a motor vehicle is impaired; or\n\t(c)\tbeen involved as a driver in an accident;\nprescribed concentration of alcohol means—\n\t(a)\tin relation to a person who is not authorised under the Motor Vehicles Act 1959 to drive the vehicle—any concentration of alcohol in the blood;\n\t(ab)\tin relation to a person who is driving a prescribed vehicle—any concentration of alcohol in the blood;\n\t(b)\tin relation to any other person—a concentration of .05 grams or more of alcohol in 100 millilitres of blood;\nprescribed drug means a substance declared by the regulations to be a prescribed drug;\nprescribed vehicle means—\n\t(a)\ta vehicle with a gross vehicle mass exceeding 15 tonnes; or\n\t(b)\ta prime mover with an unladen mass exceeding 4 tonnes; or\n\t(c)\ta bus designed to carry more than 12 persons (including the driver); or\n\t(d)\ta motor vehicle that is—\n\t(i)\tdesigned for the principal purpose of carrying passengers; and\n\t(ii)\tdesigned to carry more than 8 persons, but not more than 12 persons, (including the driver); and\n\t(iii)\tused regularly for the purpose of carrying passengers for hire or for a business or community purpose; or\n\t(e)\ta vehicle that is being used for the purpose of carrying passengers for hire; or\n\t(f)\ta vehicle that—\n\t(i)\tis used to transport dangerous substances within the meaning of the Dangerous Substances Act 1979 or has such substances aboard; and\n\t(ii)\tis required under that Act to be marked with a label.\n\t(2)\tFor the purposes of this Act, a person acts as a qualified supervising driver for the holder of a permit or licence if the person would, for the purposes of the Motor Vehicles Act 1959, be taken to be acting as a qualified supervising driver for the holder of a permit or licence (see section 72A of that Act).\n\t(2a)\tFor the purposes of this Act, a police officer exercises random testing powers if, in accordance with section 47E or 47EAA—\n\t(a)\tthe police officer requires a person to submit to an alcotest, breath analysis or drug screening test or directs a person driving a motor vehicle to stop the vehicle for the purpose of requiring a person to submit to an alcotest or breath analysis; and\n\t(b)\tthe requirement is made, or the direction is given, otherwise than in prescribed circumstances.\n\t(3)\tFor the purposes of section 47(4), 47B(4), 47B(6), 47BA(5), 47BA(7), 47E(7), 47EAA(17) and 47I(14b), the prescribed period is—\n\t(a)\tin the case of a previous offence that is a category 1 offence—3 years;\n\t(b)\tin any other case—5 years.\n47B—Driving while having prescribed concentration of alcohol in blood\n\t(a)\tdrive a motor vehicle; or\n\t(b)\tattempt to put a motor vehicle in motion,\nwhile there is present in the person's blood the prescribed concentration of alcohol as defined in section 47A.\n\t(a)\tfor a first offence—\n\t(ii)\tbeing a category 2 offence—a fine of not less than $900 and not more than $1 300;\n\t(iii)\tbeing a category 3 offence—a fine of not less than $1 100 and not more than $1 600;\n\t(b)\tfor a second offence—\n\t(ii)\tbeing a category 2 offence—a fine of not less than $1 100 and not more than $1 600;\n\t(iii)\tbeing a category 3 offence—a fine of not less than $1 600 and not more than $2 400;\n\t(c)\tfor a third or subsequent offence—\n\t(ii)\tbeing a category 2 offence—a fine of not less than $1 500 and not more than $2 200;\n\t(iii)\tbeing a category 3 offence—a fine of not less than $1 900 and not more than $2 900.\n\t(1a)\tIf a person engages in conduct involving a motor vehicle that constitutes an offence against subsection (1) (other than a category 1 offence) while a child under the age of 16 years is present in or on that motor vehicle, the person commits an offence against this subsection and is liable to the same penalty as is prescribed for an offence against subsection (1).\n\t(1b)\tIf a person is charged with an offence against subsection (1a) but the court is not satisfied that an offence against that subsection has been established beyond reasonable doubt, the person may be convicted, on that charge, of an offence against subsection (1) if the court is satisfied that an offence against subsection (1) has been so established.\n\t(3)\tIf a court convicts a person of an offence against this section, the following provisions apply:\n\t(i)\tin the case of a first offence—\n\t(AA)\tbeing a category 1 offence—for such period, being not less than 3 months, as the court thinks fit;\n\t(A)\tbeing a category 2 offence—for such period, being not less than 6 months, as the court thinks fit;\n\t(B)\tbeing a category 3 offence—for such period, being not less than 12 months, as the court thinks fit;\n\t(ii)\tin the case of a second offence—\n\t(A)\tbeing a category 1 offence—for such period, being not less than 6 months, as the court thinks fit;\n\t(B)\tbeing a category 2 offence—for such period, being not less than 12 months, as the court thinks fit;\n\t(iii)\tin the case of a third offence—\n\t(A)\tbeing a category 1 offence—for such period, being not less than 9 months, as the court thinks fit;\n\t(B)\tbeing a category 2 offence—for such period, being not less than 2 years, as the court thinks fit;\n\t(iv)\tin the case of a subsequent offence—\n\t(A)\tbeing a category 1 offence—for such period, being not less than 12 months, as the court thinks fit;\n\t(B)\tbeing a category 2 offence—for such period, being not less than 2 years, as the court thinks fit;\n\t(b)\tthe disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence unless, in the case of a first offence, the court is satisfied, by evidence given on oath, that the offence is trifling, in which case it may order a period of disqualification that is less than the prescribed minimum period but not less than one month;\n\t(d)\tif the person is the holder of a driver's licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification;\n\t(e)\tthe court may, if it thinks fit to do so, order that conditions imposed by section 81A or 81AB of the Motor Vehicles Act 1959 on any driver's licence issued to the person after the period of disqualification be effective for a period greater than the period prescribed by that section.\n\t(4)\tIn determining whether an offence is a first, second, third or subsequent offence for the purposes of this section (other than subsection (5)), any previous drink driving offence or drug driving offence for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the prescribed period immediately preceding the date on which the offence under consideration was committed.\n\t(5)\tIf—\n\t(a)\ta person aged 16 years or more is alleged to have committed a category 1 offence; and\n\t(b)\tthe information available to members of SA Police at the relevant time for the alleged offence indicates that the person has not committed or allegedly committed another drink driving offence or drug driving offence within the prescribed period immediately preceding the date on which the offence under consideration was allegedly committed,\nthe person cannot be prosecuted for that offence unless the person has first been given an expiation notice under the Expiation of Offences Act 1996 in respect of the offence.\nFor the avoidance of doubt, if at the relevant time for an alleged offence (the subject offence), the information available indicated that the person had allegedly committed another offence but, at some later time, the expiation notice for that other offence is withdrawn or proceedings for that other offence are discontinued, that does not affect the prosecution of the person for the subject offence, and does not mean that the person should have been given an expiation notice for the subject offence.\nrelevant time for an alleged offence means the time at which SA Police is deciding whether to give a person an expiation notice for the offence or prosecute the person for the offence.\n47BA—Driving with prescribed drug in oral fluid or blood\n\t(a)\tdrive a motor vehicle; or\n\t(b)\tattempt to put a motor vehicle in motion,\nwhile a prescribed drug is present in the person's oral fluid or blood.\n\t(a)\tfor a first offence—a fine of not less than $900 and not more than $1 300;\n\t(b)\tfor a second offence—a fine of not less than $1 100 and not more than $1 600;\n\t(c)\tfor a third or subsequent offence—a fine of not less than $1 500 and not more than $2 200.\n\t(1a)\tIf a person engages in conduct involving a motor vehicle that constitutes an offence against subsection (1) while a child under the age of 16 years is present in or on that motor vehicle, the person commits an offence against this subsection and is liable to the same penalty as is prescribed for an offence against subsection (1).\n\t(1b)\tIf a person is charged with an offence against subsection (1a) but the court is not satisfied that an offence against that subsection has been established beyond reasonable doubt, the person may be convicted, on that charge, of an offence against subsection (1) if the court is satisfied that an offence against subsection (1) has been so established.\n\t(2)\tSubject to subsection (3), it is a defence to a charge of an offence against this section if the defendant proves that the defendant did not knowingly consume the prescribed drug present in the defendant's oral fluid or blood.\n\t(3)\tSubsection (2) does not apply if the defendant consumed the prescribed drug believing that the defendant was consuming a substance unlawfully but was mistaken as to, unaware of or indifferent to the identity of the prescribed drug.\n\t(4)\tIf a court convicts a person of an offence against this section, the following provisions apply:\n\t(i)\tin the case of a first offence—for such period, being not less than 6 months, as the court thinks fit;\n\t(ii)\tin the case of a second offence—for such period, being not less than 12 months, as the court thinks fit;\n\t(iii)\tin the case of a third offence—for such period, being not less than 2 years, as the court thinks fit;\n\t(iv)\tin the case of a subsequent offence—for such period, being not less than 3 years, as the court thinks fit;\n\t(b)\tthe disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence unless, in the case of a first offence, the court is satisfied, by evidence given on oath, that the offence is trifling, in which case it may order a period of disqualification that is less than the prescribed minimum period but not less than 1 month;\n\t(c)\tif the person is the holder of a driver's licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification;\n\t(d)\tthe court may, if it thinks fit to do so, order that conditions imposed by section 81A or 81AB of the Motor Vehicles Act 1959 on any driver's licence issued to the person after the period of disqualification be effective for a period greater than the period prescribed by that section.\n\t(5)\tIn determining whether an offence is a first, second, third or subsequent offence for the purposes of this section (other than subsection (6)), any previous drink driving offence or drug driving offence for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the prescribed period immediately preceding the date on which the offence under consideration was committed.\n\t(6)\tIf—\n\t(a)\ta person aged 16 years or more is alleged to have committed an offence against this section; and\n\t(b)\tthe information available to members of SA Police at the relevant time for the alleged offence indicates that the person has not committed or allegedly committed another drink driving offence or drug driving offence within the prescribed period immediately preceding the date on which the offence under consideration was allegedly committed,\nthe person cannot be prosecuted for that offence unless the person has first been given an expiation notice under the Expiation of Offences Act 1996 in respect of the offence.\nFor the avoidance of doubt, if at the relevant time for an alleged offence (the subject offence), the information available indicated that the person had allegedly committed another offence but, at some later time, the expiation notice for that other offence is withdrawn or proceedings for that other offence are discontinued, that does not affect the prosecution of the person for the subject offence, and does not mean that the person should have been given an expiation notice for the subject offence.\nrelevant time for an alleged offence means the time at which SA Police is deciding whether to give a person an expiation notice for the offence or prosecute the person for the offence.\n47C—Relation of conviction under section 47B or 47BA to contracts of insurance etc\n\t(1)\tA person is not, by reason only of having been convicted or found guilty of an offence against section 47B(1), 47B(1a), 47BA(1) or 47BA(1a) or having expiated such an offence, to be taken, for the purposes of any law, or of any contract, agreement, policy of insurance or other document, to have been under the influence of, or in any way affected by, intoxicating liquor or a prescribed drug, or incapable of driving, or of exercising effective control of, a motor vehicle, at the time of the commission of that offence or alleged offence.\n\t(2)\tThe provisions of subsection (1) have effect despite anything contained in any law, or any covenant, term, condition or provision of, or contained in, any contract, agreement, policy of insurance or other document, and a covenant, term, condition or provision purporting to exclude, limit, modify or restrict the operation of that subsection is void.\n\t(3)\tAny covenant, term, condition or provision contained in a contract, policy of insurance or other document purporting to exclude or limit the liability of an insurer in the event of the owner or driver of a motor vehicle being convicted or found guilty of, or expiating, an offence against section 47B(1), 47B(1a), 47BA(1) or 47BA(1a) is void.\n47D—Payment of costs incidental to apprehension etc\n\t(1)\tThe court by which a person is found guilty of a prescribed offence on the information of a police officer may, in addition to imposing any other penalty, make, on the application of the informant, an order requiring the defendant to pay to the informant (or to a person or body nominated by the informant) a reasonable sum to cover the cost of all or any of the following:\n\t(a)\tapprehending the defendant;\n\t(b)\tconveying the defendant to a police station;\n\t(c)\tkeeping the defendant in custody until trial;\n\t(d)\tmedically examining the defendant;\n\t(e)\tfacilitating the taking of a sample of the defendant's oral fluid and providing for the presence of a police officer;\n\t(f)\tfacilitating the taking of a sample of the defendant's blood and providing for the presence of a police officer;\n\t(g)\tany oral fluid analysis of a sample taken of the defendant's oral fluid;\n\t(h)\tany blood test of a sample taken of the defendant's blood.\n\t(2)\tAny sum of money received by the informant in consequence of an order under subsection (1) must be paid into the Consolidated Account.\nprescribed offence means an offence against—\n\t(a)\tsection 47(1) or (1a); or\n\t(b)\tsection 47B(1) or (1a); or\n\t(c)\tsection 47BA(1) or (1a); or\n\t(d)\tsection 47E(3) or (3a); or\n\t(e)\tsection 47EAA(9) or (9a); or\n\t(f)\tsection 47I(7) or (14).\n47DA—Driver testing stations\n\t(1)\tA driver testing station may be established by police officers at any time on or in the vicinity of any road for the purpose of enabling screening tests to be conducted in relation to persons driving motor vehicles on the road.\n\t(2)\tA driver testing station must be established in such a way, and consist of such facilities and warning and other devices, as the Commissioner of Police considers necessary in order to enable vehicles to be stopped in a safe and orderly manner and the screening tests to be made in quick succession.\n\t(3)\tIf a driver testing station is established in the vicinity of an event being held outside Metropolitan Adelaide for the purpose of enabling screening tests to be conducted in relation to persons who have attended the event, signs advising of the establishment of the driver testing station must be displayed in positions where people arriving at the event are likely to see them (however a prosecution for an offence will not fail because of any non-compliance with this subsection).\n\t(4)\tIn subsection (3)—\nMetropolitan Adelaide has the same meaning as in the Development Act 1993;\nscreening test means an alcotest or drug screening test.\n47E—Police may require alcotest or breath analysis\n\t(1)\tSubject to this Act, if a police officer (whether or not performing duties at or in connection with a driver testing station) believes on reasonable grounds that a person—\n\t(a)\tis driving, or has driven, a motor vehicle; or\n\t(b)\tis attempting, or has attempted, to put a motor vehicle in motion; or\n\t(c)\tis acting, or has acted, as a qualified supervising driver for the holder of a permit or licence,\nthe police officer may require the person to submit to an alcotest or a breath analysis, or both.\n\t(2)\tA police officer may direct a person driving a motor vehicle to stop the vehicle and may give other reasonable directions for the purpose of making a requirement under this section that a person submit to an alcotest or a breath analysis.\n\t(2a)\tA person must forthwith comply with a direction under subsection (2).\nMaximum penalty: $2 900.\n\t(2ab)\tA person must not, in the exercise of random testing powers, be required to submit to a breath analysis unless an alcotest conducted under subsection (1) indicates that the prescribed concentration of alcohol may be present in the blood of the person.\n\t(2b)\tWithout derogating from section 47DA or 47EA, an alcotest or breath analysis to which a person has been required to submit under subsection (1) may not be commenced more than 8 hours after the conduct of the person giving rise to the requirement.\n\t(2d)\tThe performance of an alcotest or breath analysis commences when a direction is first given by a police officer that the person concerned exhale into the alcotest apparatus or breath analysing instrument to be used for the alcotest or breath analysis.\n\t(2e)\tThe regulations may prescribe the manner in which an alcotest or breath analysis is to be conducted and may, for example, require that more than one sample of breath is to be provided for testing or analysis and, in such a case, specify which reading of the apparatus or instrument will be taken to be the result of the alcotest or breath analysis for the purposes of this and any other Act.\n\t(3)\tA person required under this section to submit to an alcotest or breath analysis must not refuse or fail to comply with all reasonable directions of a police officer in relation to the requirement and, in particular, must not refuse or fail to exhale into the apparatus by which the alcotest or breath analysis is conducted in accordance with the directions of a police officer.\n\t(a)\tfor a first offence—a fine of not less than $1 100 and not more than $1 600;\n\t(b)\tfor a subsequent offence—a fine of not less than $1 900 and not more than $2 900.\n\t(3a)\tIf—\n\t(a)\ta person has engaged in conduct of a kind described in subsection (1)(a), (b) or (c) involving a motor vehicle; and\n\t(b)\tsuch conduct occurred while a child under the age of 16 years was present in or on that vehicle; and\n\t(c)\tthe person refuses or fails to comply with a direction of a police officer (given in relation to such conduct) in contravention of subsection (3),\nthe person commits an offence against this subsection and is liable to the same penalty as is prescribed for an offence against subsection (3).\n\t(3b)\tIf a person is charged with an offence against subsection (3a) but the court is not satisfied that an offence against that subsection has been established beyond reasonable doubt, the person may be convicted, on that charge, of an offence against subsection (3) if the court is satisfied that an offence against subsection (3) has been so established.\n\t(4)\tIt is a defence to a prosecution under subsection (3) or (3a) that—\n\t(a)\tthe requirement or direction to which the prosecution relates was not lawfully made; or\n\t(ab)\tthe person was not allowed the opportunity to comply with the requirement or direction after having been given the prescribed oral advice in relation to—\n\t(i)\tthe consequences of refusing or failing to comply with the requirement or direction; and\n\t(ii)\tthe person's right to request the taking of a blood sample under subsection (4a); or\n\t(b)\tthere was, in the circumstances of the case, good cause for the refusal or failure of the defendant to comply with the requirement or direction.\n\t(4a)\tIf a person refuses or fails to comply with the requirement or direction under this section by reason of some physical or medical condition of the person and forthwith makes a request of a police officer that a sample of the person's blood be taken by a medical practitioner or registered nurse, a police officer must do all things reasonably necessary to facilitate the taking of a sample of the person's blood—\n\t(a)\tby a medical practitioner or registered nurse nominated by the person; or\n\t(i)\tit becomes apparent to the police officer that there is no reasonable likelihood that a medical practitioner or registered nurse nominated by the person will be available to take the sample within 1 hour of the time of the request at some place not more than 10 kilometres distant from the place of the request; or\n\t(ii)\tthe person does not nominate a particular medical practitioner or registered nurse,\nby any medical practitioner or registered nurse who is available to take the sample.\n\t(5)\tNo person is entitled to refuse or fail to comply with a requirement or direction under this section on the ground that—\n\t(a)\tthe person would, or might, by complying with that requirement or direction, furnish evidence that could be used against themself; or\n\t(b)\tthe person consumed alcohol after the person last drove a motor vehicle or attempted to put a motor vehicle in motion and before the requirement was made or the direction given.\n\t(5a)\tA person may not raise a defence that the person had good cause for a refusal or failure to comply with a requirement or direction under this section by reason of some physical or medical condition of the person unless—\n\t(a)\ta sample of the person's blood was taken in accordance with subsection (4a); or\n\t(b)\tthe person made a request as referred to in subsection (4a), but—\n\t(i)\ta police officer failed to facilitate the taking of a sample of the person's blood as required by that subsection; or\n\t(ii)\ta medical practitioner or registered nurse was not reasonably available for the purpose of taking such a sample; or\n\t(c)\tthe taking of a sample of the person's blood in accordance with subsection (4a) was not possible or reasonably advisable or practicable in the circumstances by reason of some physical or medical condition of the person.\n\t(6)\tIf a court convicts a person of an offence against subsection (3) or (3a), the following provisions apply:\n\t(i)\tin the case of a first offence—for such period, being not less than twelve months, as the court thinks fit; or\n\t(b)\tthe disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence unless, in the case of a first offence, the court is satisfied, by evidence given on oath, that the offence is trifling, in which case the court may order a period of disqualification that is less than the prescribed minimum period but not less than one month;\n\t(d)\tif the person is the holder of a driver's licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification;\n\t(e)\tthe court may, if it thinks fit to do so, order that conditions imposed by section 81A or 81AB of the Motor Vehicles Act 1959 on any driver's licence issued to the person after the period of disqualification be effective for a period greater than the period prescribed by that section.\n\t(7)\tIn determining whether an offence is a first or subsequent offence for the purposes of this section, any previous drink driving offence or drug driving offence for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the prescribed period immediately preceding the date on which the offence under consideration was committed.\n\t(7a)\tIf a person—\n\t(a)\trefuses or fails to comply with a direction under this section; or\n\t(b)\tsubmits to an alcotest and the alcotest indicates that the prescribed concentration of alcohol may be present in the blood of the person,\nthere will be reasonable ground to suspect that the prescribed concentration of alcohol is present in the person's blood for the purposes of the exercise of any power conferred on a police officer (including a power of arrest) to prevent the person committing an offence by driving a vehicle in contravention of this Division.\n\t(7b)\tSubsection (7a) does not limit the circumstances in which such a power may otherwise be exercised by a police officer under this or any other Act.\n\t(8)\tThe Commissioner of Police must, in the Commissioner's annual report to the Minister responsible for the administration of the Police Act 1998, include the numbers of drivers required to submit to an alcotest in the course of the exercise of random testing powers (otherwise than at breath testing stations established in accordance with section 47DA).\n47EAA—Police may require drug screening test, oral fluid analysis and blood test\n\t(1)\tSubject to this Act, if a person has submitted to an alcotest or breath analysis as a result of a requirement under section 47E, a police officer may require the person to submit to a drug screening test.\n\t(2)\tIf—\n\t(a)\ta person has submitted to a drug screening test as a result of a requirement under subsection (1) and the drug screening test indicates the presence of a prescribed drug in the person's oral fluid; or\n\t(b)\ta person has submitted to an alcotest or breath analysis as a result of a requirement under section 47E that was made in prescribed circumstances,\na police officer may require the person to submit to an oral fluid analysis or a blood test.\n\t(2a)\tIf a person submits to an oral fluid analysis in compliance with a requirement made under subsection (2) but the person is unable to produce sufficient oral fluid for a sample to be taken, a police officer may require that the person submit to a blood test.\n\t(3)\tA police officer may give reasonable directions for the purpose of making a requirement under this section that a person submit to a drug screening test, oral fluid analysis or blood test.\n\t(4)\tA person must forthwith comply with a direction under subsection (3).\nMaximum penalty: $2 900.\n\t(5)\tWithout derogating from section 47DA or 47EA, a drug screening test, oral fluid analysis or blood test to which a person has been required to submit under this section may not be commenced more than 8 hours after the conduct of the person giving rise to the requirement that the person submit to the alcotest or breath analysis.\n\t(6)\tThe performance of a drug screening test, oral fluid analysis or blood test that has been required under this section commences when a direction is first given by a police officer that the person concerned provide a sample of oral fluid or blood (as the case may be) to be used for the drug screening test, oral fluid analysis or blood test.\n\t(7)\tA drug screening test may only be conducted by a police officer.\n\t(8)\tThe regulations may prescribe the manner in which a drug screening test, oral fluid analysis or blood test is to be conducted.\n\t(9)\tA person required under this section to submit to a drug screening test, oral fluid analysis or blood test must not refuse or fail to comply with all reasonable directions of a police officer in relation to the requirement and, in particular, must not refuse or fail to allow a sample of oral fluid or blood to be taken in accordance with the directions of a police officer.\n\t(a)\tfor a first offence—a fine of not less than $900 and not more than $1 300;\n\t(b)\tfor a subsequent offence—a fine of not less than $1 500 and not more than $2 200.\n\t(9a)\tIf—\n\t(a)\ta person has engaged in conduct of a kind described in section 47E(1)(a), (b) or (c) involving a motor vehicle; and\n\t(b)\tsuch conduct occurred while a child under the age of 16 years was present in or on that vehicle; and\n\t(c)\tthe person refuses or fails to comply with a direction of a police officer (given in relation to such conduct) in contravention of subsection (9),\nthe person commits an offence against this subsection and is liable to the same penalty as is prescribed for an offence against subsection (9).\n\t(9b)\tIf a person is charged with an offence against subsection (9a) but the court is not satisfied that an offence against that subsection has been established beyond reasonable doubt, the person may be convicted, on that charge, of an offence against subsection (9) if the court is satisfied that an offence against subsection (9) has been so established.\n\t(10)\tIt is a defence to a prosecution under subsection (9) or (9a) that—\n\t(a)\tthe requirement or direction to which the prosecution relates was not lawfully made; or\n\t(b)\tthe person was not allowed the opportunity to comply with the requirement or direction after having been given the prescribed oral advice in relation to—\n\t(i)\tthe consequences of refusing or failing to comply with the requirement or direction; and\n\t(ii)\tin the case of—\n\t(A)\ta drug screening test or an oral fluid analysis—the person's right to request the taking of a blood sample under subsection (11); or\n\t(B)\ta blood test—the person's right to request an oral fluid analysis under subsection (12); or\n\t(c)\tthere was, in the circumstances of the case, good cause for the refusal or failure of the defendant to comply with the requirement or direction.\n\t(11)\tIf a person of whom a requirement is made or to whom a direction is given under this section relating to a drug screening test or oral fluid analysis refuses or fails to comply with the requirement or direction by reason of some physical or medical condition of the person and forthwith makes a request of a police officer that a sample of the person's blood be taken by a medical practitioner or registered nurse, a police officer must do all things reasonably necessary to facilitate the taking of a sample of the person's blood—\n\t(a)\tby a medical practitioner or registered nurse nominated by the person; or\n\t(i)\tit becomes apparent to the police officer that there is no reasonable likelihood that a medical practitioner or registered nurse nominated by the person will be available to take the sample within 1 hour of the time of the request at some place not more than 10 kilometres distant from the place of the request; or\n\t(ii)\tthe person does not nominate a particular medical practitioner or registered nurse,\nby any medical practitioner or registered nurse who is available to take the sample.\n\t(12)\tIf a person of whom a requirement is made or to whom a direction is given under this section relating to a blood test refuses or fails to comply with the requirement or direction by reason of some physical or medical condition of the person and forthwith makes a request of a police officer that an oral fluid analysis be conducted, a police officer must do all things reasonably necessary to facilitate the conduct of an oral fluid analysis unless—\n\t(a)\ta requirement or direction under this section relating to a drug screening test or oral fluid analysis has been made of, or been given to, the person; and\n\t(b)\t—\n\t(i)\tthe person refused or failed to comply with that requirement or direction on the ground of some physical or medical condition of the person and made a request under subsection (11) for a sample of the person's blood to be taken in accordance with that subsection; or\n\t(ii)\tthe person was unable to produce sufficient oral fluid for a sample to be taken.\n\t(13)\tNo person is entitled to refuse or fail to comply with a requirement or direction under this section on the ground that—\n\t(a)\tthe person would, or might, by complying with that requirement or direction, furnish evidence that could be used against themself; or\n\t(b)\tthe person consumed a prescribed drug after the person last drove a motor vehicle or attempted to put a motor vehicle in motion and before the requirement was made or the direction given.\n\t(14)\tA person may not raise a defence that the person had good cause for a refusal or failure to comply with a requirement or direction under this section relating to a drug screening test or oral fluid analysis by reason of some physical or medical condition of the person unless—\n\t(a)\ta sample of the person's blood was taken in accordance with subsection (11); or\n\t(b)\tthe person made a request as referred to in subsection (11), but—\n\t(i)\ta police officer failed to facilitate the taking of a sample of the person's blood as required by that subsection; or\n\t(ii)\ta medical practitioner or registered nurse was not reasonably available for the purpose of taking such a sample; or\n\t(c)\tthe taking of a sample of the person's blood in accordance with subsection (11) was not possible or reasonably advisable or practicable in the circumstances by reason of some physical or medical condition of the person.\n\t(15)\tA person may not raise a defence that the person had good cause for a refusal or failure to comply with a requirement or direction under this section relating to a blood test by reason of some physical or medical condition of the person unless—\n\t(a)\tan oral fluid analysis was conducted in accordance with subsection (12); or\n\t(b)\tthe person made a request as referred to in subsection (12), but a police officer failed to facilitate the conduct of an oral fluid analysis as required by that subsection; or\n\t(c)\tthe taking of a sample of the person's oral fluid in accordance with subsection (12) was not possible or reasonably advisable or practicable in the circumstances by reason of some physical or medical condition of the person.\n\t(16)\tIf a court convicts a person of an offence against subsection (9) or (9a), the following provisions apply:\n\t(i)\tin the case of a first offence—for such period, being not less than 12 months, as the court thinks fit; or\n\t(ii)\tin the case of a subsequent offence—for such period, being not less than 3 years, as the court thinks fit;\n\t(b)\tthe disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence unless, in the case of a first offence, the court is satisfied, by evidence given on oath, that the offence is trifling, in which case the court may order a period of disqualification that is less than the prescribed minimum period but not less than one month;\n\t(c)\tif the person is the holder of a driver's licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification;\n\t(d)\tthe court may, if it thinks fit to do so, order that conditions imposed by section 81A or 81AB of the Motor Vehicles Act 1959 on any driver's licence issued to the person after the period of disqualification be effective for a period greater than the period prescribed by that section.\n\t(17)\tIn determining whether an offence is a first or subsequent offence for the purposes of this section, any previous drink driving offence or drug driving offence for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the prescribed period immediately preceding the date on which the offence under consideration was committed.\n\t(18)\tIf a person—\n\t(a)\trefuses or fails to comply with a requirement or direction under this section; or\n\t(b)\tsubmits to a drug screening test and the drug screening test indicates the presence of a prescribed drug in the person's oral fluid,\nthere will be reasonable ground to suspect that a prescribed drug is present in the person's oral fluid for the purposes of the exercise of any power conferred on a police officer (including a power of arrest) to prevent the person committing an offence by driving a vehicle in contravention of this Division.\n\t(19)\tSubsection (18) does not limit the circumstances in which such a power may otherwise be exercised by a police officer under this or any other Act.\n47EA—Exercise of random testing powers\n\t(1)\tThe following provisions apply in relation to the exercise of random testing powers consisting of the giving of a direction to stop a motor vehicle or the making of a requirement to submit to an alcotest or drug screening test:\n\t(a)\ta police officer must not give such a direction or make such a requirement unless the police officer is in uniform;\n\t(b)\tif the police officer is driving or riding in or on a vehicle at the time of giving such a direction—the vehicle must be marked as a police vehicle or must be displaying a flashing blue or red light (whether or not it is also displaying other lights) or sounding an alarm;\n\t(c)\ta police officer must not make such a requirement relating to an alcotest unless the officer has in the officer's possession, or a police officer in the immediate vicinity of the place at which the requirement is made has in the officer's possession, an apparatus of a kind approved by the Governor for the conduct of alcotests;\n\t(ca)\ta police officer must not make such a requirement relating to a drug screening test unless the officer has in the officer's possession, or a police officer in the immediate vicinity of the place at which the requirement is made has in the officer's possession, an apparatus of a kind approved by the Governor for the conduct of drug screening tests;\n\t(d)\tthe Commissioner of Police must establish procedures to be followed by police officers in the exercise of such powers, being procedures designed to prevent as far as reasonably practicable any undue delay or inconvenience to persons being subjected to the powers.\n\t(2)\tDespite any other provision of this Act, if a motor vehicle has stopped in response to a direction given by a police officer in the exercise of random testing powers, a police officer may delay the driver of the vehicle for as long as may be necessary to enable the police officer to ascertain whether the driver holds a current driver's licence or other authority to drive the vehicle.\n47EB—Concentration of alcohol in breath taken to indicate concentration of alcohol in blood\nIf a person submits to an alcotest or a breath analysis and the alcotest apparatus or the breath analysing instrument produces a reading in terms of a number of grams of alcohol in 210 litres of the person's breath, the reading will, for the purposes of this Act and any other Act, be taken to be that number of grams of alcohol in 100 millilitres of the person's blood.\n47F—Schedule 1 further regulates oral fluid and blood sample processes\n","sortOrder":19},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"makes further provision regulating oral fluid and blood sample processes for the purposes of this Division.","content":"Schedule 1 makes further provision regulating oral fluid and blood sample processes for the purposes of this Division.\n47GA—Breath analysis where drinking occurs after driving\n\t(1)\tThis section applies to proceedings for an offence against section 47(1), 47(1a), 47B(1) or 47B(1a) in which the results of a breath analysis under this Act are relied on to establish the commission of the offence.\n\t(2)\tIf in proceedings to which this section applies the defendant satisfies the court—\n\t(a)\tthat the defendant consumed alcohol during the relevant period; and\n\t(b)\tthat the alcohol was not consumed by the defendant after a police officer first exercised powers under section 47E preliminary to the performance of the breath analysis; and\n\t(c)\tif the requirement to submit to the breath analysis was made after the defendant's involvement as a driver in an accident—that the defendant discharged the duties required under section 43 and any other duties under this Act required to be discharged at the scene of an accident by a driver of a vehicle involved in the accident; and\n\t(d)\tthat, after taking into account the quantity of alcohol consumed by the defendant during the relevant period and its likely effect on the concentration of alcohol indicated as being present in the defendant's blood by the breath analysis, the defendant should not be found guilty of the offence charged or, in the case of an offence against section 47B, should be found guilty of an offence of a less serious category,\nthe court may, despite the other provisions of this Act, find the defendant not guilty of the offence charged or guilty of an offence of a less serious category.\n\t(3)\tIn subsection (2)—\nrelevant period means the period—\n\t(a)\tcommencing when 3 hours have elapsed since the conduct of the defendant giving rise to the making of the requirement under section 47E(1) that the defendant submit to the breath analysis; and\n\t(b)\tending when the performance of the breath analysis commences.\n47GB—Oral fluid analysis or blood test where consumption of prescribed drug occurs after driving\n\t(1)\tThis section applies to proceedings for an offence against section 47(1), 47(1a), 47BA(1) or 47BA(1a) in which the results of an oral fluid analysis or blood test under section 47EAA are relied on to establish the commission of the offence.\n\t(2)\tIf in proceedings to which this section applies the defendant satisfies the court—\n\t(a)\tthat the defendant consumed the prescribed drug during the relevant period; and\n\t(b)\tthat the prescribed drug was not consumed by the defendant after a police officer first exercised powers under section 47E preliminary to the performance of the alcotest or breath analysis referred to in section 47EAA; and\n\t(c)\twhere the requirement to submit to the alcotest or breath analysis referred to in section 47EAA was made after the defendant's involvement as a driver in an accident—that the defendant discharged the duties required under section 43 and any other duties under this Act required to be discharged at the scene of an accident by a driver of a vehicle involved in the accident,\nthe court may, despite the other provisions of this Act, find the defendant not guilty of the offence charged.\n\t(3)\tIn subsection (2)—\nrelevant period means the period—\n\t(a)\tcommencing when 3 hours have elapsed since the conduct of the defendant giving rise to the making of the requirement referred to in section 47EAA that the defendant submit to the alcotest or breath analysis; and\n\t(b)\tending when the performance of the oral fluid analysis or blood test (as the case may be) commences.\n47H—Approval of apparatus and kits for breath analysis etc\nThe Governor may, by regulation, for the purposes of this Act—\n\t(a)\tapprove apparatus of a prescribed kind as breath analysing instruments; or\n\t(b)\tapprove apparatus of a prescribed kind for the purpose of conducting alcotests; or\n\t(c)\tapprove apparatus of a prescribed kind for the purpose of conducting drug screening tests; or\n\t(d)\tdeclare a kit of a prescribed kind to be an approved blood test kit.\n47I—Compulsory blood tests\n\t(1)\tIf a motor vehicle is involved in an accident and, within 8 hours after the accident, a person apparently of or above the age of 10 years who suffered injury in the accident attends at, or is admitted into, a hospital for the purpose of receiving treatment for that injury, it is, subject to Schedule 1, the duty of the medical practitioner by whom that patient is attended to ensure that, as soon as practicable, a sample of that patient's blood (despite the fact that the patient may be unconscious), is taken in accordance with this section.\n\t(2)\tIf a motor vehicle is involved in an accident and a person apparently of or above the age of 10 years who suffered injury in the accident is dead on arrival at the hospital, or dies before a sample of blood has been taken in accordance with this section and within 8 hours after admission to the hospital, it is the duty of the medical practitioner who, under Part 5 of the Coroners Act 2003, notifies the State Coroner or a police officer of the death—\n\t(a)\tto ensure that a sample of blood from the body of the deceased is taken in accordance with this section; or\n\t(b)\tto notify the State Coroner as soon as practicable that, in view of the circumstances in which the death of the deceased occurred, a sample of blood should be taken from the body under this section.\n\t(3)\tA sample of blood under subsection (1) or (2) may be taken by a medical practitioner or a registered nurse.\n\t(4)\tThe State Coroner, on receiving a notification under subsection (2), may authorise and direct a pathologist to take a sample of blood from the body of the deceased in accordance with this section.\n\t(7)\tIf—\n\t(a)\ta motor vehicle is involved in an accident; and\n\t(b)\ta child under the age of 16 years was present in or on the vehicle at the time of the accident; and\n\t(c)\tthe person who was driving the vehicle at the time of the accident refuses or fails to comply with a request that the person submit to the taking of a sample of blood under this section; and\n\t(d)\tthe person—\n\t(i)\tfails to assign any reason based on genuine medical grounds for that refusal or failure; or\n\t(ii)\tassigns a reason for that refusal or failure that is false or misleading; or\n\t(iii)\tmakes any other false or misleading statement in response to the request,\nthe person is guilty of an offence.\n\t(a)\tfor a first offence—a fine of not less than $1 100 and not more than $1 600;\n\t(b)\tfor a subsequent offence—a fine of not less than $1 900 and not more than $2 900.\n\t(8)\tIf a person is charged with an offence against subsection (7) but the court is not satisfied that an offence against that subsection has been established beyond reasonable doubt, the person may be convicted, on that charge, of an offence against subsection (14) if the court is satisfied that an offence against subsection (14) has been so established.\n\t(9)\tIf a court convicts a person of an offence against subsection (7), the provisions of subsection (14a) apply.\n\t(14)\tA person who, on being requested to submit to the taking of a sample of blood under this section, refuses or fails to comply with that request and who—\n\t(a)\tfails to assign any reason based on genuine medical grounds for that refusal or failure; or\n\t(b)\tassigns a reason for that refusal or failure that is false or misleading; or\n\t(c)\tmakes any other false or misleading statement in response to the request,\n\t(a)\tif the convicted person was the driver of a motor vehicle involved in the accident—\n\t(i)\tfor a first offence—a fine of not less than $1 100 and not more than $1 600;\n\t(ii)\tfor a subsequent offence—a fine of not less than $1 900 and not more than $2 900;\n\t(b)\tin any other case—$500.\n\t(14a)\tIf a court convicts a person of an offence against subsection (14) in which the person was the driver of a motor vehicle involved in the accident, the following provisions apply:\n\t(i)\tin the case of a first offence—for such period, being not less than twelve months, as the court thinks fit; or\n\t(b)\tthe disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence unless, in the case of a first offence, the court is satisfied, by evidence given on oath, that the offence is trifling, in which case the court may order a period of disqualification that is less than the prescribed minimum period but not less than one month;\n\t(d)\tif the person is the holder of a driver's licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification;\n\t(e)\tthe court may, if it thinks fit to do so, order that conditions imposed by section 81A or 81AB of the Motor Vehicles Act 1959 on any driver's licence issued to the person after the period of disqualification be effective for a period greater than the period prescribed by that section.\n\t(14b)\tIn determining whether an offence is a first or subsequent offence for the purposes of this section, any previous drink driving offence or drug driving offence for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the prescribed period immediately preceding the date on which the offence under consideration was committed.\n\t(19)\tIn this section—\nhospital means any institution at which medical care or attention is provided for injured persons, declared by regulation to be a hospital for the purposes of this section.\n47IAA—Power of police to impose immediate licence disqualification or suspension\n\t(1)\tThis section applies to the following offences:\n\t(a)\ta category 2 offence;\n\t(b)\ta category 3 offence;\n\t(ba)\tan offence against section 46;\n\t(bb)\tan offence against section 47BA(1) or (1a);\n\t(c)\tan offence against section 47E(3) or (3a);\n\t(ca)\tan offence against section 47EAA(9) or (9a);\n\t(cb)\tan offence against section 47I(7);\n\t(d)\tan offence against section 47I(14) committed by a person who was the driver of a motor vehicle involved in the accident.\n\t(2)\tSubject to this section, a police officer may give a person a notice of immediate licence disqualification or suspension that includes the prescribed particulars if—\n\t(a)\tthe police officer reasonably suspects that the person has committed an offence against section 47BA(1) or (1a); or\n\t(b)\tthe police officer reasonably believes that the person has committed an offence (other than an offence against section 47BA(1) or (1a)) to which this section applies.\n\t(3)\tThe notice must specify the offence to which the notice relates.\n\t(4)\tIf a person is given a notice of immediate licence disqualification or suspension under subsection (2)—\n\t(a)\tin the case of a person who does not hold a driver's licence—the person is disqualified from holding or obtaining a driver's licence for the relevant period; or\n\t(b)\tin the case of a person who holds a driver's licence—the person's driver's licence is suspended for the relevant period.\n\t(5)\tThe Commissioner of Police must ensure that prescribed particulars of a notice of immediate licence disqualification or suspension given to a person under this section are forwarded to the Registrar of Motor Vehicles.\n\t(6)\tThe Registrar of Motor Vehicles must, on receiving particulars of a notice of immediate licence disqualification or suspension from the Commissioner of Police, send, by post, a notice to the person of the name and address specified by the Commissioner containing the prescribed particulars of the notice of immediate licence disqualification or suspension.\n\t(7)\tThe operation of a notice of immediate licence disqualification or suspension is not affected by any failure to comply with subsection (6).\n\t(7a)\tIf a person is given a notice of immediate licence disqualification or suspension under this section, the Commissioner of Police must ensure—\n\t(a)\tthat a determination is made, within a reasonable time, as to whether to charge the person with an offence to which this section applies; and\n\t(b)\tif a determination is made that the person should not be charged with any offence to which this section applies, that the person is given, or sent by post, written notice of that determination.\n\t(7b)\tThe laying of charges against a person is not prevented by a failure to comply with subsection (7a) in relation to the person or by the making of a determination referred to in that subsection or the notification of such a determination.\n\t(7c)\tSubject to the making of an order under section 47IAB(2)(a)(ii), the operation of a notice of immediate licence disqualification or suspension is not affected by any failure to comply with subsection (7a).\n\t(8)\tIf the person is not charged with the offence specified in the notice as the offence to which the notice relates but is charged with another offence to which this section applies arising out of the same course of conduct, that offence will then be taken to be the offence to which the notice relates.\n\t(9)\tIf—\n\t(a)\ta period of licence disqualification or suspension has applied to a person as a result of the person having been given a notice of immediate licence disqualification or suspension under this section; and\n\t(b)\ta court convicts the person of the offence to which the notice relates or another offence arising out of the same course of conduct; and\n\t(c)\ta mandatory minimum period of disqualification would (apart from this subsection) be required to be imposed for the offence,\n\t(d)\tthe court must order that the person be disqualified from holding or obtaining a driver's licence for a period determined by the court (and if the person is the holder of a driver's licence, the disqualification operates to cancel the licence from the commencement of that period); and\n\t(e)\tdespite any other provision of this or any other Act, the court must, in determining the period, take into account the period of licence disqualification or suspension that has applied to the person as a result of the notice and may for that purpose—\n\t(i)\tif the relevant period of licence disqualification or suspension under the notice has not ended, order that the period imposed be taken to have commenced on the day on which the relevant period commenced (provided that the period imposed is not less than the mandatory minimum period of disqualification); or\n\t(ii)\tif the relevant period of licence disqualification or suspension under the notice has ended, impose a period that is less than the mandatory period of disqualification (provided that the period imposed is not less than the difference between the mandatory minimum period of disqualification and the period that has applied as a result of the notice),\nand if the person is the holder of a driver's licence, the licence will be taken to have been cancelled—\n\t(iii)\twhere subparagraph (i) applies—from the day on which the order of the court is made; or\n\t(iv)\twhere subparagraph (ii) applies—from the commencement of the period of disqualification ordered by the court.\n\t(10)\tSubject to subsection (11), no compensation is payable by the Crown or a police officer in respect of the exercise, or purported exercise, of powers under this section.\n\t(11)\tSubsection (10) does not protect a police officer from liability in respect of the exercise, or purported exercise, of powers otherwise than in good faith.\n\t(12)\tFor the purposes of this section—\n\t(i)\tin the case of a notice of immediate licence disqualification or suspension for an offence against section 47BA(1) or (1a)—at the time at which the person is given the notice of immediate licence disqualification or suspension or, if a police officer referred to in subsection (2) is satisfied that, in the circumstances, it would be appropriate to postpone the commencement of the relevant period and the notice indicates that the commencement is to be postponed, 28 days after the time at which the person is given the notice; or\n\t(ii)\tin any other case—at the time at which the person is given the notice of immediate licence disqualification or suspension or, if the police officer giving the notice is satisfied that, in the circumstances, it would be appropriate to postpone the commencement of the relevant period and indicates in the notice that the commencement is to be postponed, 48 hours after the time at which the person is given the notice; and\n\t(i)\tif the Magistrates Court, on application under section 47IAB, makes an order that the person given the notice is not disqualified, or that the driver's licence held by the person is not suspended, by the notice; or\n\t(ii)\tif the Magistrates Court reduces the period of disqualification or suspension on application under section 47IAB, when that period ends; or\n\t(iia)\tif the person given the notice is notified in writing by or on behalf of the Commissioner of Police (whether that notification is given personally or by post) that the person is not to be charged with any offence to which this section applies arising out of the course of conduct to which the notice of immediate licence disqualification or suspension relates; or\n\t(iii)\tif proceedings for the offence to which the notice relates are determined by a court or are withdrawn or otherwise discontinued; or\n\t(iv)\tin any event—\n\t(A)\tif the offence to which the notice relates is a category 2 offence or an offence against section 47EAA(9) or (9a)—at the end of 6 months from the commencement of the relevant period; or\n\t(AB)\tif the offence to which the notice relates is an offence against section 47BA(1) or (1a)—at the end of 3 months from the commencement of the relevant period; or\n\t(B)\tin any other case—at the end of 12 months from the commencement of the relevant period.\n\t(14)\tThe Commissioner of Police must establish procedures to be followed by police officers giving notices of immediate licence disqualification or suspension under this section for the purpose of determining whether the commencement of the relevant period should be postponed under subsection (12)(a)(i) or (ii).\n\t(15)\tA regulation made before the commencement of this subsection prescribing the form of a notice of immediate licence disqualification or suspension under this section or varying such a form is declared to be, and to have always been, valid.\n\t(16)\tA notice given to a person by a police officer before the commencement of this subsection that purported to be a notice of immediate licence disqualification or suspension under this section is declared to be, and to have always been, valid if the notice was completed in the prescribed form and was given in the circumstances specified in subsection (2).\n\t(17)\tThe following provisions apply in relation to a prescribed notice:\n\t(a)\tif the notice specified that the person was alleged to have had a blood alcohol concentration of 0.08 - 0.149, the notice will be taken to have specified that the person was alleged to have committed a category 2 offence;\n\t(b)\tif the notice specified that the person was alleged to have had a blood alcohol concentration of or above 0.15, the notice will be taken to have specified that the person was alleged to have committed a category 3 offence;\n\t(c)\tthe relevant period under such a notice will be taken to have ended on 26 June 2006 (unless the period ended before that date in accordance with subsection (12)).\n\t(18)\tFor the purposes of subsection (17)—\nprescribed notice means a notice that purported to be a notice of immediate licence disqualification or suspension under this section and that was given to a person before 27 June 2006, other than a notice that specified, as the offence to which the notice relates, an offence described in subsection (1)(c) or (d).\n\t(19)\tIf the Commissioner of Police is satisfied that a notice of immediate licence disqualification or suspension under this section should not have been given because—\n\t(20)\tA withdrawal referred to in subsection (19) is effected by giving notice of the withdrawal, in a manner and form determined by the Commissioner, to the person to whom the notice of immediate licence disqualification or suspension was given.\n\t(21)\tThe notice of withdrawal must specify the reason for withdrawal.\n\t(22)\tIf a notice of immediate licence disqualification or suspension under this section is withdrawn, the Commissioner of Police may, if satisfied that there are proper grounds to give a fresh notice of immediate licence disqualification or suspension to any person, give such a notice.\n47IAB—Application to Court to have disqualification or suspension lifted\n\t(1)\tA person who has been given a notice of licence disqualification or suspension under section 45B(1)(b) or immediate licence disqualification or suspension under section 47IAA or has been sent particulars of such a notice by the Registrar of Motor Vehicles may apply to the Magistrates Court for an order—\n\t(a)\tthat the person is not disqualified, or the person's driver's licence is not suspended, by the notice; or\n\t(b)\treducing the period of disqualification or suspension applicable under the notice.\n\t(2)\tThe Magistrates Court may, on an application under subsection (1), make an order—\n\t(a)\tthat the person is not disqualified, or the person's driver's licence is not suspended, by the notice if—\n\t(i)\tthe Court is satisfied, on the basis of oral evidence given on oath by the applicant that there is a reasonable prospect that the applicant would, in proceedings for the offence to which the notice relates, be acquitted of the offence and the evidence before the Court does not suggest that the applicant may be guilty of—\n\t(A)\tin the case of a notice of immediate licence disqualification or suspension under section 47IAA—another offence to which section 47IAA applies; or\n\t(B)\tin the case of a notice of licence disqualification or suspension under section 45B(1)(b)—an offence to which section 47IAA applies; or\n\t(ii)\tthe Court is satisfied that the person has not been charged with any offence to which section 47IAA applies or an offence against section 45A and that the prosecution authorities have had a reasonable time, in the circumstances, within which to make a determination as to the laying of charges against the person; or\n\t(b)\treducing the period of disqualification or suspension applicable under the notice if—\n\t(i)\tthe offence to which the notice relates is a category 2 or category 3 offence that is a first offence and the Court is satisfied, on the basis of oral evidence given on oath by the applicant, that there is a reasonable prospect that the applicant might, in proceedings for the offence to which the notice relates, successfully argue that the offence was trifling (in which case the Court must order that the period of disqualification or suspension be reduced to a period of 1 month); or\n\t(ii)\tthe offence to which the notice relates is a category 3 offence and the Court is satisfied, on the basis of oral evidence given on oath by the applicant, that there is a reasonable prospect that the applicant would, in proceedings for the offence to which the notice relates, be acquitted of the offence but the evidence before the Court suggests that the applicant may be guilty of a category 2 offence (in which case the Court must order that the period be reduced to a period of 6 months).\n\t(3)\tThe application must be commenced by lodging written application with the Magistrates Court, in the form prescribed by rules of the Court, setting out the grounds on which the application is made and particulars of the evidence that will be relied on by the applicant.\n\t(4)\tThe Commissioner of Police—\n\t(a)\tmust be served, by an applicant for an order under this section, with a copy of the application as soon as practicable after the application is made; and\n\t(b)\tis a party to the application; and\n\t(c)\tmay (but is not required to) appear at the hearing represented by legal counsel or a police officer.\n\t(4a)\tAny legal counsel or police officer representing the Commissioner of Police at the hearing may make submissions in relation to the application but is not entitled to cross-examine the applicant.\n\t(5)\tIf the Commissioner of Police does not appear at the hearing, the clerk of the Court must notify the Commissioner of Police, in writing, of the date on which the application was determined and the nature and effect of any order made in relation to the application.\n47IA—Certain offenders to attend lectures\n\t(1)\tIf the court before which a person is charged with a prescribed first or second offence convicts the person of the offence, or finds that the charge is proved but does not proceed to conviction, the court must, unless proper cause for not doing so is shown, order the person to attend, within a period fixed by the court being not more than six months from the making of the order, a lecture conducted in accordance with the regulations.\n\t(2)\tA person must not fail, without reasonable excuse, to comply with an order under subsection (1).\nMaximum penalty: $250.\nprescribed first or second offence means an offence against section 47(1), 47B(1), 47E(3) or 47I(14), being an offence that is, within the meaning of that section, a first or second offence against that section.\n\t(4)\tA certificate purporting to be signed by the Commissioner of Police and to certify that a person named in the certificate failed to comply with an order under subsection (1) is, in the absence of proof to the contrary, proof of the matter so certified.\n47J—Recurrent offenders\n\t(1)\tIf a person—\n\t(a)\tis convicted of a prescribed offence that was committed in Metropolitan Adelaide before the prescribed day; and\n\t(b)\thas previously been convicted of a prescribed offence committed within three years before the date of the later offence,\nthe court before which the person is convicted of the later offence must, before imposing any penalty, order the person to attend an assessment clinic, at a time or over a period specified by the court, for the purpose of submitting to an examination to determine whether the person is dependent on alcohol or drugs, or both.\n\t(2)\tThe superintendent of the assessment clinic must, as soon as practicable after an examination of a convicted person has been completed under this section, furnish a report on the examination to the court by which the examination was ordered, and send a copy of the report to the convicted person.\n\t(3)\tBefore the court imposes any sentence on the convicted person, it must allow that person a reasonable opportunity to call or give evidence as to any matter contained in the report.\n\t(4)\tIf—\n\t(a)\tthe court is satisfied, on the report of the superintendent of an assessment clinic, that a convicted person is dependent on alcohol or drugs; or\n\t(b)\tthe convicted person fails to comply with an order under subsection (1) or to submit to the examination to which the order relates,\nthe court must, despite any other provision of this Act, order that the convicted person be disqualified from holding or obtaining a driver's licence until further order.\n\t(4a)\tA court that convicts a person of a prescribed offence and makes an order under subsection (4) must also determine a period, being not less than 6 months, that must elapse before the person may make an application for revocation of the disqualification (and the court must, in determining the length of such period, have regard to the minimum period of disqualification applicable to the offence and the effect (if any) of section 45B(7) or 47IAA(9) on that period).\n\t(5)\tA person who is disqualified from holding or obtaining a driver's licence under this section may, at any time after the period determined by the court in accordance with subsection (4a) has elapsed, apply to a court of summary jurisdiction for the revocation of the disqualification.\n\t(7)\tBefore an application under subsection (5) is heard by the court, the applicant must attend an assessment clinic and submit to such examination as may be directed by the superintendent of the clinic.\n\t(8)\tThe superintendent of an assessment clinic must furnish a report on an examination conducted under subsection (7) to the court, and send a copy of the report to the applicant.\n\t(9)\tIf the court is satisfied, on an application under subsection (5)—\n\t(a)\tthat the applicant is no longer dependent on alcohol or drugs; or\n\t(b)\tthat there is other proper cause for revocation of the disqualification,\nit may order that the disqualification be revoked.\n\t(10)\tOn revoking a disqualification under subsection (9), the court may order that a driver's licence issued to the applicant be subject to such conditions as the court thinks desirable to protect the safety of the public.\n\t(11)\tIn any proceedings to which this section relates, an apparently genuine document purporting to be a report of the superintendent of an assessment clinic is admissible in evidence without further proof.\n\t(12)\tIn this section—\nassessment clinic means a place approved as an assessment clinic for the purposes of this section by the Minister to whom the administration of the Health Care Act 2008 is committed;\nprescribed day means a day prescribed by the regulations for the purposes of this section;\nprescribed offence means an offence against section 47(1), 47B(1), 47E(3) or 47I(14), but does not include an offence against section 47B(1) that is a category 1 offence.\n47K—Evidence\n\t(1)\tWithout affecting the admissibility of evidence that might be given otherwise than under this section, evidence may be given, in any proceedings for an offence, of the concentration of alcohol indicated as being present in the blood of the defendant by a breath analysing instrument operated by a person authorised to operate the instrument by the Commissioner of Police and, where the requirements and procedures in relation to breath analysing instruments and breath analysis under this Act, including subsections (2) and (2a), have been complied with, it must be presumed, in the absence of proof to the contrary, that the concentration of alcohol so indicated was present in the blood of the defendant at the time of the analysis and throughout the preceding period of 3 hours.\n\t(1a)\tNo evidence can be adduced in rebuttal of the presumption created by subsection (1) except—\n\t(a)\tevidence of the concentration of alcohol in the blood of the defendant as indicated by analysis of a sample of blood taken and dealt with in accordance with section 47I and Schedule 1 or in accordance with the procedures prescribed by regulation; and\n\t(b)\tevidence as to whether the results of analysis of the sample of blood demonstrate that the breath analysing instrument gave an exaggerated reading of the concentration of alcohol present in the blood of the defendant.\n\t(1ab)\tIf, in any proceedings for an offence, it is proved—\n\t(a)\tthat the defendant drove a vehicle, or attempted to put a vehicle in motion; and\n\t(b)\tthat a concentration of alcohol was present in the defendant's blood at the time of a breath analysis performed within the period of 3 hours immediately following the conduct referred to in paragraph (a),\nit must be conclusively presumed that that concentration of alcohol was present in the defendant's blood at the time of the conduct referred to in paragraph (a).\n\t(1b)\tNo evidence can be adduced as to a breath or blood alcohol reading obtained from a coin-operated breath testing or breath analysing machine installed in any hotel or other licensed premises.\n\t(2)\tAs soon as practicable after a person has submitted to an analysis of breath by means of a breath analysing instrument, the person operating the instrument must deliver to the person whose breath has been analysed a statement in writing specifying—\n\t(a)\tthe reading produced by the breath analysing instrument; and\n\t(b)\tthe date and time of the analysis.\n\t(2a)\tIf a person has submitted to an analysis of breath by means of a breath analysing instrument and the concentration of alcohol indicated as being present in the blood of that person by the breath analysing instrument is the prescribed concentration of alcohol, the person operating the instrument must forthwith—\n\t(a)\tgive the person the prescribed oral advice and deliver to the person the prescribed written notice as to the operation of this Act in relation to the results of the breath analysis and as to the procedures prescribed for the taking and analysis of a sample of the person's blood; and\n\t(b)\tat the request of the person made in accordance with the regulations, deliver an approved blood test kit to the person.\n\t(3)\tA certificate—\n\t(a)\tpurporting to be signed by the Commissioner of Police and to certify that a person named in the certificate is authorised by the Commissioner of Police to operate breath analysing instruments; or\n\t(b)\tpurporting to be signed by a person authorised under subsection (1) and to certify that—\n\t(i)\ta breath analysing instrument used by the person was in proper order and was properly operated; and\n\t(ii)\tthe provisions of this Act with respect to breath analysing instruments and the manner in which an analysis of breath by means of a breath analysing instrument is to be conducted were complied with,\n\t(3a)\tA certificate purporting to be signed by a police officer and to certify that—\n\t(a)\ta sample of oral fluid for the purposes of an oral fluid analysis was taken on a specified day and at a specified time from a person named in the certificate; and\n\t(b)\tthe provisions of this Act with respect to the taking of samples of oral fluid for such purposes were complied with,\n\t(3b)\tA certificate purporting to be signed by a police officer and to certify that a person named in the certificate submitted to an alcotest on a specified day and at a specified time and that the alcotest indicated that the prescribed concentration of alcohol may then have been present in the blood of that person is, in the absence of proof to the contrary, proof of the matters so certified.\n\t(3c)\tA certificate purporting to be signed by a police officer and to certify that a driver testing station had been established in accordance with section 47DA at a place and during a period referred to in the certificate is, in the absence of proof to the contrary, proof of the matters so certified.\n\t(4)\tSubject to subsection (17) a certificate purporting to be signed by an analyst, certifying as to the concentration of alcohol, or any drug, found in a specimen of blood identified in the certificate expressed in grams in 100 millilitres of blood is, in the absence of proof to the contrary, proof of the matters so certified.\n\t(5)\tSubject to subsection (17) a certificate purporting to be signed by a person authorised under subsection (1) and to certify that—\n\t(a)\ta person named in the certificate submitted to an analysis of breath by means of a breath analysing instrument on a day and at a time specified in the certificate; and\n\t(b)\tthe breath analysing instrument produced a reading specified in the certificate; and\n\t(c)\ta statement in writing required by subsection (2) was delivered in accordance with that subsection,\n\t(7)\tA certificate purporting to be signed by a person authorised under subsection (1) and to certify—\n\t(a)\tthat, on a date and at a time specified in the certificate, a person named in the certificate submitted to an analysis of breath by means of a breath analysing instrument; and\n\t(b)\tthat the prescribed oral advice and the prescribed written notice were given and delivered to the person in accordance with subsection (2a)(a); and\n\t(c)\tthat—\n\t(i)\tthe person did not make a request for an approved blood test kit in accordance with the regulations; or\n\t(ii)\tat the request of the person, a kit that, from an examination of its markings, appeared to the person signing the certificate to be an approved blood test kit was delivered to the person in accordance with subsection (2a)(b),\nis, in the absence of proof to the contrary, proof that the requirements of subsection (2a) were complied with in relation to the person.\n\t(8)\tA prosecution for an offence will not fail because of a deficiency of a kit delivered to the defendant in purported compliance with subsection (2a)(b) and the presumption under subsection (1) will apply despite such a deficiency unless it is proved—\n\t(a)\tthat the defendant delivered the kit unopened to a medical practitioner or registered nurse for use in taking a sample of the defendant's blood; and\n\t(b)\tby evidence of the medical practitioner or registered nurse, that the medical practitioner or registered nurse was, because of a deficiency of the kit, unable to comply with the prescribed procedures governing the manner in which a sample of a person's blood must be taken and dealt with for the purposes of subsection (1a).\n\t(9)\tA certificate purporting to be signed by an analyst and to certify that an oral fluid analysis was properly conducted is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matter so certified.\n\t(9a)\tA certificate purporting to be signed by a police officer and to certify that the apparatus used to conduct a drug screening test was in proper order and the drug screening test was properly conducted is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters so certified.\n\t(10)\tA certificate purporting to be signed by a police officer and to certify that a person named in the certificate submitted to a drug screening test on a specified day and at a specified time and that the drug screening test indicated that a prescribed drug may then have been present in the oral fluid of the person is, in the absence of proof to the contrary, proof of the matters so certified.\n\t(11)\tSubject to subsection (17), an apparently genuine document purporting to be a certificate under Schedule 1 and purporting to be signed by a police officer, medical practitioner, registered nurse or analyst, or copy of such a certificate, is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters stated in the certificate.\n\t(12)\tIf a certificate of an analyst relating to a sample of blood taken under section 47E or 47I is received as evidence in proceedings before a court and states that the prescribed concentration of alcohol has been found to be present in the sample of blood to which the certificate relates, it will be presumed, in the absence of proof to the contrary, that the concentration of alcohol stated in the certificate was present in the sample when the sample was taken.\n\t(13)\tIf it is proved by the prosecution in proceedings for an offence that a concentration of alcohol was present in the defendant's blood at the time at which a sample of blood was taken under section 47E or 47I, it will be conclusively presumed that that concentration of alcohol was present in the defendant's blood throughout the period of 3 hours immediately preceding the taking of the sample.\n\t(14)\tIf a certificate of an analyst relating to a sample of oral fluid or blood taken under section 47EAA, or a sample of blood taken under section 47E or 47I, is received as evidence in proceedings before a court and states that a prescribed drug has been found to be present in the sample of oral fluid or blood to which the certificate relates, it will be presumed, in the absence of proof to the contrary, that the prescribed drug stated in the certificate was present in the sample when the sample was taken.\n\t(15)\tIf it is proved by the prosecution in proceedings for an offence that a prescribed drug was present in the defendant's blood or oral fluid at the time at which a sample of oral fluid or blood was taken under section 47EAA, or a sample of blood was taken under section 47E or 47I, it will be conclusively presumed that that prescribed drug was present in the defendant's oral fluid or blood (as the case may require) throughout the period of 3 hours immediately preceding the taking of the sample.\n\t(16)\tIf certificates of a police officer and analyst, or a medical practitioner and analyst, or a registered nurse and analyst, under Schedule 1 are received as evidence in proceedings before a court and contain the same identification number for the samples of oral fluid or blood to which they relate, the certificates will be presumed, in the absence of proof to the contrary, to relate to the same sample of oral fluid or blood.\n\t(17)\tA certificate referred to in subsection (4), (5) or (11) cannot be received as evidence in proceedings for an offence—\n\t(a)\tunless a copy of the certificate proposed to be put in evidence at the trial of a person for the offence has, not less than 7 days before the commencement of the trial, been served on that person; or\n\t(b)\tif the person on whom a copy of the certificate has been served under paragraph (a) has, not less than 2 days before the commencement of the trial, served written notice on the informant requiring the attendance at the trial of the person by whom the certificate was signed; or\n\t(c)\tif the court, in its discretion, requires the person by whom the certificate was signed to attend at the trial.\n\t(18)\tThe provisions of this section apply in relation to proceedings for an offence against this Act or the Motor Vehicles Act 1959 or a driving‑related offence, subject to the following exceptions:\n\t(a)\tsubsections (1a), (1ab) and (13) apply only in relation to proceedings for an offence against section 47(1), 47(1a), 47B(1) or 47B(1a), or an offence against the Motor Vehicles Act 1959;\n\t(b)\tsubsection (3)(b)(i) does not apply in relation to an offence against section 47E(3) or (3a);\n\t(c)\tsubsection (15) applies only in relation to proceedings for an offence against section 47(1), 47(1a), 47BA(1) or 47BA(1a), or an offence against the Motor Vehicles Act 1959.\n\t(19)\tIn this section—\nproceedings for a driving-related offence means proceedings for an offence where the conduct with which the defendant is charged involves driving a vehicle or attempting to put a vehicle in motion.\n","sortOrder":20},{"sectionNumber":"Div 6","sectionType":"division","heading":"Traffic speed analysers and radar detectors and jammers","content":"Division 6—Traffic speed analysers and radar detectors and jammers\n53A—Approval of apparatus as traffic speed analysers\nThe Governor may, by regulation, approve apparatus of a specified kind as traffic speed analysers.\n53B—Sale and seizure of radar detectors, jammers and similar devices\n\t(1)\tA person must not sell a radar detector or jammer, or store or offer a radar detector or jammer for sale.\n\t(2)\tA police officer may seize, retain and test any device that the officer has reasonable cause to suspect is a radar detector or jammer.\n\t(3)\tA device seized under this section is forfeited to the Crown if a person is found guilty of or expiates an offence against this Act in relation to the device.\n\t(4)\tA device forfeited under this section must be disposed of in such manner as the Commissioner of Police directs.\n\t(5)\tIn proceedings for an offence against this Act, an allegation in the information that a specified device is a radar detector or jammer is proof of the matter so alleged, in the absence of proof to the contrary.\nradar detector or jammer includes any device for detecting the use, or preventing the effective use, of a speed measuring device (whether or not the speed measuring device employs radar in its operation).\n","sortOrder":21},{"sectionNumber":"Div 7","sectionType":"division","heading":"Photographic detection devices","content":"Division 7—Photographic detection devices\n79A—Approval of apparatus as photographic detection devices\nThe Governor may, by regulation, approve apparatus of a specified kind as photographic detection devices.\n79B—Provisions applying where certain offences are detected by photographic detection devices\naverage speed camera location has the same meaning as in section 175A;\nowner, in relation to a vehicle, has the meaning assigned to the term by section 5, and includes the operator of the vehicle;\nprescribed offence means—\n\t(a)\tan offence against section 45A or 45C(1); or\n\t(b)\tan offence against this Act prescribed by regulation; or\n\t(c)\tan offence against the Motor Vehicles Act 1959 prescribed by regulation; or\n\t(d)\tan offence against the Heavy Vehicle National Law (South Australia) Act 2013 prescribed by regulation;\nred light offence means a prescribed offence relating to traffic lights, traffic arrows or twin red lights defined by the regulations as a red light offence;\nspeeding offence means a prescribed offence defined by the regulations as a speeding offence;\ntraffic arrows, traffic lights and twin red lights have the same respective meanings as in the Australian Road Rules.\n\t(2)\tIf a vehicle appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of a prescribed offence, the owner of the vehicle is guilty of an offence against this section unless it is proved—\n\t(a)\tthat although the vehicle appears to have been involved in the commission of a prescribed offence, no such offence was in fact committed; or\n\t(b)\tthat a nomination made in a manner and form approved by the Minister and stating the name and address of some person other than the owner who was driving the vehicle at the time has been given—\n\t(i)\tby the owner; or\n\t(ii)\tif the owner is a body corporate—by an officer of the body corporate acting with the authority of the body corporate,\nto the Commissioner of Police—\n\t(iii)\tin the case of an expiation notice—within 28 days after an expiation notice in respect of the offence is given to the owner; or\n\t(iv)\tin the case of an expiation reminder notice—within 14 days after an expiation reminder notice in respect of the offence is given to the owner; or\n\t(v)\tif an expiation notice is not given—within 28 days after a summons in respect of the offence is given to the owner,\n(or within such longer period as the Commissioner may allow if satisfied that exceptional circumstances exist in the particular case); or\n\t(c)\tthat—\n\t(i)\tif the owner is a body corporate—the vehicle was not being driven at the time by any officer or employee of the body corporate acting in the ordinary course of the officer's or employee's duties as such; and\n\t(ii)\tthe owner does not know and could not by the exercise of reasonable diligence have ascertained the identity of the person who was driving the vehicle at the time; and\n\t(iii)\tthe owner, or, if the owner is a body corporate, an officer of the body corporate acting with the authority of the body corporate, has furnished to the Commissioner of Police a statutory declaration stating the reasons why the identity of the driver is not known to the owner and the inquiries (if any) made by the owner to identify the driver.\n\t(aa)\tif the vehicle appears to have been involved in an offence against section 45C(1)—\n\t(i)\twhere the owner is a body corporate—not less than $10 000 and not more than $20 000;\n\t(ii)\twhere the owner is a natural person—$5 000;\n\t(a)\tin any other case—\n\t(i)\twhere the owner is a body corporate—$10 000;\n\t(ii)\twhere the owner is a natural person—$5 000.\n\t(2a)\tThe expiation fee for an alleged offence against this section is as follows:\n\t(aa)\tif the vehicle appears to have been involved in an offence against section 45C(1) and the owner is a body corporate—an amount equal to the sum of the amount of the expiation fee fixed by the regulations for an alleged offence against section 45C(1) where the owner is a natural person and a body corporate additional fee of $5 000;\n\t(a)\tsubject to paragraph (aa), if the vehicle appears to have been involved in a red light offence and a speeding offence arising out of the same incident—\n\t(i)\twhere the owner is a body corporate—an amount equal to the sum of the amount of the expiation fees for such alleged offences where the owner is a natural person and a body corporate additional fee prescribed by regulation;\n\t(ii)\twhere the owner is a natural person—an amount equal to the sum of the amount of the expiation fees fixed by the regulations for such alleged offences;\n\t(b)\tin any other case—\n\t(i)\twhere the owner is a body corporate—an amount equal to the sum of the amount of the expiation fee for the alleged offence in which the vehicle appears to have been involved where the owner is a natural person and a body corporate additional fee prescribed by regulation;\n\t(ii)\twhere the owner is a natural person—the amount of the expiation fee fixed by the regulations for the alleged offence in which the vehicle appears to have been involved.\n\t(2ab)\tA body corporate additional fee prescribed by regulation for the purposes of subsection (2a) must not exceed $5 000, but may be prescribed even if the addition of the fee results in an expiation fee for an alleged offence against this section of an amount exceeding the maximum expiation fee that would otherwise be permitted to be prescribed by regulation under this Act.\n\t(2b)\tIf a court convicts a natural person of an offence against this section constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of an offence against section 45A, the following provisions apply:\n\t(a)\tthe court must order that the person be disqualified from holding or obtaining a driver's licence for such period, being not less than 6 months, as the court thinks fit;\n\t(b)\tthe disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence;\n\t(c)\tif the person is the holder of a driver's licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification.\n\t(2c)\tIf a court convicts a natural person of an offence against this section constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of an offence against section 45C(1), the following provisions apply:\n\t(i)\tin the case of a first offence—for such period, being not less than 6 months, as the court thinks fit; or\n\t(ii)\tin the case of a second offence—for such period, being not less than 12 months, as the court thinks fit; or\n\t(iii)\tin the case of a subsequent offence—for such period, being not less than 3 years, as the court thinks fit;\n\t(b)\tthe disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence;\n\t(c)\tif the person is the holder of a driver's licence—the disqualification operates to suspend the licence as from the commencement of the period of disqualification;\n\t(d)\tin determining whether an offence is a first, second or subsequent offence for the purposes of this subsection, any previous offence against this section constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of an offence against section 45C(1) for which the person has been convicted or that the person has expiated will be taken into account, but only if the previous offence was committed or alleged to have been committed within the period of 5 years immediately preceding the date on which the offence under consideration was allegedly committed.\n\t(3)\tIf there are two or more owners of the same vehicle—\n\t(a)\ta prosecution for an offence against subsection (2) may be brought against one of the owners or against some or all of the owners jointly as co-defendants; and\n\t(b)\tif the case for the prosecution is proved and a defence is not established under subsection (2)(a), the defendant or each of the defendants who does not establish a defence under subsection (2)(b) or (c) is liable to be found guilty of an offence against subsection (2).\n\t(4)\tA prosecution must not be commenced against an owner (other than a body corporate) for an expiable offence against this section unless the owner has first been given an expiation notice under the Expiation of Offences Act 1996 in respect of the offence and allowed the opportunity to expiate the offence in accordance with that Act.\n\t(4a1)\tSubsection (4) does not apply in the case of an expiable offence against this section if the prescribed offence that the vehicle has appeared to have been involved in is an offence against section 45A.\n\t(4a)\tIf, in the case of an offence against this section constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of an offence against section 45C(1), there is a registered operator of the vehicle, an expiation notice for the offence may only be given to, and a prosecution for the offence may only be brought against, the registered operator.\n\t(5)\tIf an offence against this section is alleged, an expiation notice, an expiation reminder notice or summons in respect of that offence must be accompanied by a notice in the prescribed form containing—\n\t(a)\ta statement that a copy of the photographic evidence on which the allegation is based—\n\t(i)\twill, on written application to the Commissioner of Police by the person to whom the expiation notice, reminder notice or summons is issued, be sent by post to the address nominated in that application or (in the absence of such a nomination) to the last known address of the applicant; and\n\t(ii)\tmay be viewed on application to the Commissioner of Police; and\n\t(b)\ta statement that the Commissioner of Police will, in relation to the question of withdrawal of the expiation notice, reminder notice or information, give due consideration to any exculpatory evidence that is verified by statutory declaration and furnished to the Commissioner within a period specified in the notice; and\n\t(c)\tsuch other information or instructions as is prescribed.\n\t(6)\tIf a prescribed offence is alleged and the allegation is based on photographic evidence obtained through the operation of a photographic detection device, an expiation notice, an expiation reminder notice or a summons in respect of the offence must be accompanied by a notice in the prescribed form containing—\n\t(a)\ta statement that a copy of the photographic evidence on which the allegation is based—\n\t(i)\twill, on written application to the Commissioner of Police by the person to whom the expiation notice, reminder notice or summons is issued, be sent by post to the address nominated in that application or (in the absence of such a nomination) to the last known address of the applicant; and\n\t(ii)\tmay be viewed on application to the Commissioner of Police; and\n\t(b)\tsuch other information or instructions as is prescribed.\n\t(6a)\tIf—\n\t(a)\tan expiation notice for a prescribed offence is given to a person named as the alleged driver in a nomination under this section; or\n\t(b)\tproceedings for a prescribed offence are commenced against a person named as the alleged driver in a nomination under this section,\nthe notice or summons, as the case may be, must be accompanied by a notice setting out particulars of the nomination that named the person as the alleged driver.\n\t(6b)\tThe particulars of the nomination provided to the person named as the alleged driver must not include the address of the person who made the nomination.\n\t(7)\tIf a person is found guilty of, or expiates, a prescribed offence, neither that person nor any other person is liable to be found guilty of, or to expiate, an offence against this section in relation to the same incident.\n\t(8)\tIf a person is found guilty of, or expiates, an offence against this section, neither that person nor any other person is liable to be found guilty of, or to expiate, a prescribed offence in relation to the same incident.\n\t(9)\tIn proceedings for an offence against this section, a document produced by the prosecution and purporting to be signed by the Commissioner of Police, or any other police officer of or above the rank of inspector, and purporting to certify that the defendant had, before the prosecution was commenced, been given an expiation notice under the Expiation of Offences Act 1996 in respect of the offence and allowed the opportunity to expiate the offence in accordance with that Act will be accepted as proof, in the absence of proof to the contrary, of the facts so certified.\n\t(10)\tIn proceedings for an offence against this section or proceedings for a prescribed offence—\n\t(a)\ta photograph or series of photographs produced by the prosecution will be admitted in evidence if—\n\t(i)\tthe photograph or series of photographs was produced from exposures taken, or electronic records made, by a photographic detection device; and\n\t(ii)\tthe requirements of this Act and the regulations as to the operation and testing of photographic detection devices were complied with in connection with that use of the device,\nand a denotation as to date, time and location that appears as part of such a photograph or series of photographs will be accepted as proof, in the absence of proof to the contrary, of the date, time and location at which the exposures were taken or the electronic records were made by the photographic detection device; and\n\t(b)\ta document produced by the prosecution and purporting to be signed by the Commissioner of Police, or any other police officer of or above the rank of inspector, and purporting to certify—\n\t(i)\tthat a specified device used at a specified location during a specified period was a photographic detection device; and\n\t(ii)\tthat the requirements of this Act and the regulations as to the operation and testing of photographic detection devices were complied with in connection with the use of that device during that period,\nwill be accepted as proof, in the absence of proof to the contrary, of the facts so certified; and\n\t(c)\tif it is also certified in a document of a kind referred to in paragraph (b) that the device was designed and set to operate according to a specified system during that period, it will be presumed, in the absence of proof to the contrary, that the device was designed and set to operate according to that system during that period and did, in fact, so operate.\n\t(11)\tWhere evidence referred to in subsection (2) is evidence of the average speed of the vehicle between 2 average speed camera locations calculated in accordance with section 175A—\n\t(a)\tthe time of commission of the offence will be taken to be the period during which the vehicle travelled between the 2 locations; and\n\t(b)\tsubsection (2)(b) applies as if the reference to \"the name and address of some person other than the owner who was driving the vehicle at the time\" were a reference to—\n\t(i)\tthe name and address of each person other than the owner who drove the vehicle during the time of commission of the offence; or\n\t(ii)\tthe name and address of each such driver whose name and address is known to the owner and, in relation to every other driver of the vehicle during the time of commission of the offence, the reasons why the identity of the driver is not known to the owner and the inquiries (if any) made by the owner to identify the driver; and\n\t(c)\tif the owner is not a body corporate, a nomination given to the Commissioner of Police under subsection (2)(b) must also state whether or not the owner was also a driver of the vehicle during the time of commission of the offence; and\n\t(d)\tsubsection (2)(c) applies as if—\n\t(i)\tthe reference in subparagraph (ii) to \"the person who was driving the vehicle at the time\" were a reference to any person who was driving the vehicle at the time; and\n\t(ii)\tthe reference in subparagraph (iii) to \"the reasons why the identity of the driver is not known to the owner and the inquiries (if any) made by the owner to identify the driver\" were a reference to the reasons why the owner does not know the identity of any driver and the inquiries (if any) made by the owner to identify a driver; and\n\t(e)\tsubsection (7) only applies to the person who is found guilty of, or expiates, the prescribed offence and subsection (8) only applies to the person who is found guilty of, or expiates, the offence against this section.\n\t(12)\tThe Commissioner of Police may require a person who makes a nomination under this section to verify the information contained in the nomination by statutory declaration.\n\t(13)\tIf the Commissioner of Police believes that a nomination under this section has been made in error, the Commissioner may permit the nomination to be withdrawn and a new nomination to be made.\n\t(14)\tA person must not, in making a nomination for the purposes of this section, make a statement that is false or misleading in a material particular.\nMaximum penalty: $25 000 or imprisonment for 4 years.\n79BA—Installation etc of photographic detection devices\n\t(1)\tThe Commissioner of Highways may, with the approval of the Minister, install, maintain, alter or remove or cause to be installed, maintained, altered or removed, a photographic detection device on, above or near a road.\n\t(2)\tIn proceedings for an offence against this or any other Act, a photographic detection device proved to have been on, above or near a road will be conclusively presumed to have been lawfully installed there under this Act.\n79C—Interference with photographic detection devices\nA person who, without proper authority or reasonable excuse, interferes with a photographic detection device or its proper functioning is guilty of an offence.\nMaximum penalty: $5 000 or imprisonment for 1 year.\n79D—Report on Community Road Safety Fund\n\t(1)\tThe administrative unit that is, under the Minister, responsible for the administration of this Act must, on or before 30 September in each year, present a report to the Minister on the operation of the Community Road Safety Fund during the previous financial year.\n\t(2)\tThe report must include details of the following:\n\t(a)\teach source of any money paid into the Fund and the amount paid into the Fund from each source;\n\t(b)\tthe manner in which any money expended from the Fund was applied;\n\t(c)\tany matter required by this Act or another law to be included in the report.\n\t(3)\tA report under this section may be incorporated into the annual report of the relevant administrative unit.\n\t(4)\tThe Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after the report is received by the Minister.\n","sortOrder":22},{"sectionNumber":"Div 8","sectionType":"division","heading":"Australian Road Rules and ancillary or miscellaneous regulations","content":"Division 8—Australian Road Rules and ancillary or miscellaneous regulations\n80—Australian Road Rules and ancillary or miscellaneous regulations\nThe Governor may make—\n\t(a)\trules (Australian Road Rules) to regulate traffic movement, flows and conditions, vehicle parking, the use of roads, and any aspect of driver, passenger or pedestrian conduct; and\n\t(b)\tregulations to deal with matters ancillary to this Part and the Australian Road Rules and to make miscellaneous provisions relating to matters of a kind referred to in paragraph (a).\n","sortOrder":23},{"sectionNumber":"Div 9","sectionType":"division","heading":"Miscellaneous provisions","content":"Division 9—Miscellaneous provisions\n81—Interpretation\nIn this Division, unless the contrary intention appears—\npermissive parking sign means a sign that is a permissive parking sign for the purposes of the Australian Road Rules.\n82—Speed limit while passing school bus\n\t(1)\tA person must not drive a vehicle at a greater speed than 25 kilometres per hour while passing a school bus that has stopped on a road apparently for the purpose of permitting children to board or alight.\nschool bus means a bus that displays the warning signs and devices required by the vehicle standards for buses used mainly for carrying children.\nvehicle standards means—\n\t(a)\tin relation to a bus that is a heavy vehicle—the heavy vehicle standards under the Heavy Vehicle National Law (South Australia);\n\t(b)\tin relation to a bus that is a light vehicle—the light vehicle standards.\n82A—Speed limit while passing breakdown services vehicle\n\t(1)\tA person must not drive a vehicle at a greater speed than 25 kilometres per hour while passing a breakdown services vehicle that has stopped on the road and is displaying a flashing amber light (whether or not it is also displaying other lights).\nEditorial note—\nThe penalty for a contravention against this section is set out in section 164A.\nbreakdown services include repairing a disabled vehicle, or providing other assistance to enable a disabled vehicle to be driven or to be removed from the road, or assisting a person to gain access to the person's vehicle;\nbreakdown services vehicle means a vehicle apparently used for the purposes of providing breakdown services, and includes—\n\t(a)\ta towtruck (within the meaning of the Motor Vehicles Act 1959); and\n\t(b)\tany other vehicle or vehicle of a class prescribed by the regulations for the purposes of this definition.\n83—Speed in emergency service speed zone\n\t(1)\tA person must not, while driving through an emergency service speed zone, drive at a speed greater than—\n\t(a)\t25 kilometres per hour; or\n\t(b)\tif a lesser speed is required in the circumstances to avoid endangering any person—that lesser speed.\nThe penalty for a contravention against this section is set out in section 164A.\n\t(2)\tSubsection (1) does not apply if the person is driving on a road that is divided by a median strip and the emergency service speed zone is on the other side of the road beyond the median strip.\nemergency service speed zone means an area of road—\n\t(a)\tin the immediate vicinity of an emergency vehicle that has stopped on the road and is displaying a flashing blue or red light (whether or not it is also displaying other lights); or\n\t(b)\tbetween 2 sets of flashing blue or red lights that have been placed by an emergency worker at either end of a length of road on which an emergency vehicle has stopped;\nemergency vehicle means a vehicle used by an emergency worker;\nemergency worker means a police officer or a person who is an emergency worker as defined by the regulations for the purposes of this section.\n85—Control of parking near Parliament House\n\t(1)\tThe Governor may, by proclamation—\n\t(a)\tdeclare—\n\t(i)\tany part of a street that abuts on the site of either House of Parliament or of the old Legislative Council building; or\n\t(ii)\tany part of the site of the old Legislative Council building,\nto be a prohibited area;\n\t(b)\trevoke or amend any such proclamation.\n\t(2)\tA person (whether holding any other licence, permit or other authority or not) must not leave a vehicle stationary in a prohibited area proclaimed under this section without the permission of the chairperson of the Joint Parliamentary Services Committee.\n\t(3)\tThis section has effect despite any other Act, regulation or by-law.\n86—Council may determine that ticket for parking be obtained without fee\nIf a council has installed, or determined that it will install, permissive parking signs to apply to a length of road or an area, the council may (in addition to any other action that it may be empowered to take by or under this Act)—\n\t(a)\tdetermine that a ticket must be obtained for parking in the length of road or the area through the operation of parking ticket‑vending machines installed or to be installed in or near the length of road or area without payment of a fee; or\n\t(b)\tvary or revoke a determination made under this section. \n86A—Parking where ticket required without payment of fee\n\t(1)\tThis section applies to a driver who parks in a length of road, or in an area, to which a permissive parking sign applies if—\n\t(a)\tinformation on or with the sign indicates that a ticket must be obtained through the operation of a parking ticket‑vending machine for parking in the length of road or area; and\n\t(b)\tinformation on or with the sign or the machine indicates that the ticket may be obtained without the payment of a fee.\n\t(2)\tFor the purposes of subsection (1)—\n\t(a)\tif a sign displays the words \"FREE PARKING\" together with a requirement (however expressed) for a ticket to be obtained—\n\t(i)\tthe sign will be taken to be a permissive parking sign for the purposes of the Australian Road Rules to which Part 20 of the Rules applies; and\n\t(ii)\tthe words will be taken to indicate that a ticket must be obtained through the operation of a parking ticket‑vending machine without payment of a fee;\n\t(b)\tif a permissive parking sign displays the words \"FREE TICKET\" or such other words as may be prescribed by regulation, the words will be taken to indicate that a ticket must be obtained through the operation of a parking ticket‑vending machine without payment of a fee.\n\t(3)\tA driver referred to in subsection (1) must obtain a ticket from a parking ticket‑vending machine in or near the length of road or area.\nMaximum penalty: $1 250.\n\t(4)\tFor the purposes of this section, a driver referred to in subsection (1) does not obtain a ticket from a parking ticket‑vending machine unless the driver, on first stopping the vehicle, promptly—\n\t(a)\tproceeds to a parking ticket‑vending machine in or near the length of road or area; and\n\t(b)\tobtains a ticket through the operation of the machine; and\n\t(c)\tcomplies with any instructions (as to dealing with the ticket or otherwise) on or with the sign, ticket or machine.\n87—Walking without care or consideration\nA person must not walk without due care or attention or without reasonable consideration for other persons using the road.\n91—Duty to comply with direction of authorised person\n\t(1)\tAn authorised person may give to any other person reasonable directions relating to the movement or positioning of vehicles or persons on, or in the vicinity of, a ferry.\n\t(2)\tAn authorised person may request the driver of a vehicle that has entered, or is about to enter, a ferry to inform the authorised person of the total mass of the vehicle, any attached vehicle and the loads (if any) on the vehicle or attached vehicle, or to supply the authorised person with information from which that total mass might be estimated.\n\t(3)\tA person who fails forthwith to comply with a direction or request under this section, or gives false information, is guilty of an offence.\n\t(4)\tIn this section—\nauthorised person means the person in charge of the ferry or any other person engaged in the loading or operation of the ferry.\n95—Riding without driver's consent\nA person must not ride on a vehicle without the consent of the driver of the vehicle.\n99A—Riders on footpaths etc to give warning\nA person who is riding a bicycle or a personal mobility device on a footpath or other road-related area must, if it is necessary to do so for the purpose of averting danger, give warning (by sounding a warning device attached to the cycle or by other means) to pedestrians or other persons using that footpath or other road-related area.\n99B—Wheeled recreational devices and wheeled toys\n\t(1)\tA person must not ride a wheeled recreational device or wheeled toy on a road without due care or attention or without reasonable consideration for other persons using the road.\n\t(2)\tA person must not, on a footpath or other road-related area, ride a wheeled recreational device or wheeled toy abreast of a vehicle or another wheeled recreational device or wheeled toy.\n\t(3)\tA person who is riding a wheeled recreational device or wheeled toy on a footpath or other road-related area must, if it is necessary to do so for the purpose of averting danger, give warning (by a warning device or other means) to pedestrians or other persons using the footpath or other road-related area.\n\t(4)\tA road authority incurs no civil liability because of an act or omission on its part in the design, construction, maintenance or management of a road to take account of the fact that the users or potential users of the road include riders of wheeled recreational devices or wheeled toys.\nmanagement of a road includes placement, design, construction or maintenance of traffic control devices, barriers, trees or other objects or structures on the road;\nroad authority means—\n\t(a)\tthe Minister; or\n\t(b)\tthe Commissioner of Highways; or\n\t(c)\ta council; or\n\t(d)\tany body or person in whom the care, control or management of a road is vested.\n107—Damage to road infrastructure\n\t(a)\tdrive or haul over a road any implement constructed in such a manner as to injure or damage any portion of the road;\n\t(b)\tdraw or drag over a road any sledge, timber, tree or other heavy material in contact with the surface of the road;\n\t(c)\texcept in crossing a road, drive on, or within two metres of any part of, the metalled, gravelled or other prepared surface of a road a vehicle having an articulated track instead of road wheels, unless the grips on the track are covered with road plates having an even bearing surface across the full width of the track when in contact with the road surface.\n\t(2)\tA person must not remove or interfere with road infrastructure or damage it in any way other than through reasonable use.\n\t(3)\tA person who damages road infrastructure other than through reasonable use must immediately report full particulars of the damage to a police officer or road authority.\n107A—Vehicle fitted with metal tyres\n\t(1)\tIf a vehicle fitted with metal tyres is driven on, or drawn along, a road, the surfaces of the tyres that come into contact with the surface of the road must be smooth and at least 33 millimetres in width.\n\t(2)\tA person who drives a vehicle on a road, or draws a vehicle along a road, in contravention of subsection (1) is guilty of an offence.\n108—Depositing material on roads\n\t(a)\twithout the permission of the Commissioner of Highways in writing, stack or deposit any wood, sand, stone or other material on a road, or part of a road, which is being maintained by the Commissioner; or\n\t(b)\tdeposit on a road any article or material likely to damage the surface of the road or to cause damage to vehicles or injury to persons.\n\t(2)\tIf any article or material falls from a vehicle onto a road, the driver of the vehicle will be taken to have deposited the article or material on the road, unless it is proved that the driver had taken reasonable precautions to prevent the article or material from falling from the vehicle.\nmaterial includes substances of all kinds whether solid or liquid.\n110—Driving on sealed surface\nA person driving a vehicle on a road which has portion of its surface sealed with bitumen, cement or other sealing substance must, whenever it is reasonably practicable to do so, keep the whole of the vehicle on the sealed portion of the surface.\n110AAAA—Certain provisions not to apply to drivers of emergency vehicles\n\t(1)\tSections 44B, 45A, 45C, 82, 83 and 110 do not apply to the driver of an emergency vehicle if—\n\t(a)\tin the circumstances—\n\t(i)\tthe driver is taking reasonable care; and\n\t(ii)\tit is reasonable that the provision should not apply; and\n\t(b)\tif the vehicle is a motor vehicle that is moving—the vehicle is displaying a blue or red flashing light or sounding an alarm.\n\t(2)\tSubsection (1)(b) does not apply to a vehicle used by a police officer if, in the circumstances, it is reasonable—\n\t(a)\tnot to display the light or sound the alarm; or\n\t(b)\tfor the vehicle not to be fitted or equipped with a blue or red flashing light or an alarm.\nemergency vehicle means a vehicle used by—\n\t(a)\ta police officer; or\n\t(b)\ta person who is an emergency worker as defined by the regulations for the purposes of this section.\n","sortOrder":24},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Vehicle identification","content":"Part 3A—Vehicle identification\n110A—Interpretation\nIn this Part—\napproved authority means an authority approved by the Minister for the purposes of this Part;\nchassis number means a unique number consisting of letters or figures (or a combination of both) allotted to a particular motor vehicle or trailer chassis as a means of identifying it;\nCommonwealth Act means the Motor Vehicle Standards Act 1989 of the Commonwealth, as amended from time to time, or an Act of the Commonwealth enacted in substitution for that Act;\nCommonwealth identification plate for a motor vehicle or trailer means an identification plate within the meaning of the Commonwealth Act approved for placement on that motor vehicle or trailer by the Commonwealth Minister under the Commonwealth Act, and includes a compliance plate authorised by the Australian Motor Vehicle Certification Board for placement on that motor vehicle or trailer;\nCommonwealth Minister means Minister within the meaning of the Commonwealth Act;\nengine number means a unique number consisting of letters or figures (or a combination of both) allotted to a particular motor vehicle engine as a means of identifying it, but does not include any casting number or any number used as a means of identifying a class of motor vehicle engines;\nplace a number or plate on a motor vehicle or trailer includes to engrave, stamp or otherwise permanently affix or mark on the vehicle or trailer the number or information that would otherwise be contained on a plate;\nplate includes a label or sticker;\nState includes a Territory;\nState identification plate for a motor vehicle or trailer means a plate issued by—\n\t(a)\tan authorised officer under the regulations; or\n\t(b)\tan approved authority under a law of another State,\nfor placement on that motor vehicle or trailer in substitution for a Commonwealth identification plate;\ntrailer includes a semi-trailer;\nvehicle identification number means a unique number consisting of 17 letters or figures (or a combination of both) allotted to a particular motor vehicle or trailer as a means of identifying it;\nvehicle identification plate for a motor vehicle or trailer means a Commonwealth identification plate or State identification plate for that motor vehicle or trailer.\n110B—Motor vehicle or trailer must bear vehicle identification plate\n\t(1)\tA motor vehicle or trailer must bear a vehicle identification plate for that motor vehicle or trailer.\n\t(2)\tSubsection (1) does not apply to a motor vehicle or trailer if the Australian Design Rules applicable to the vehicle or trailer at the time of its manufacture did not require it to bear a vehicle identification plate.\n110C—Offences\n\t(1)\tA person who manufactures a motor vehicle or trailer that does not bear a vehicle identification plate for that motor vehicle or trailer is guilty of an offence.\n\t(2)\tA person who sells or offers for sale for use on roads a motor vehicle or trailer that does not bear a vehicle identification plate for that motor vehicle or trailer is guilty of an offence.\nIn the case of an offence committed in the course of trade or business—$2 500;\nIn any other case—$1 250;\n\t(3)\tA person must not, except as permitted by the regulations, drive a motor vehicle or trailer that does not bear a vehicle identification plate for that motor vehicle or trailer.\nMaximum penalty: $1 250.\n\t(4)\tSubsections (2) and (3) do not apply in relation to a motor vehicle or trailer if the Australian Design Rules applicable to the vehicle or trailer at the time of its manufacture did not require it to bear a vehicle identification plate.\n\t(5)\tA person must not place on a motor vehicle or trailer a plate that could be taken to be a vehicle identification plate approved or authorised for placement on that motor vehicle or trailer by—\n\t(a)\tthe Commonwealth Minister under the Commonwealth Act; or\n\t(b)\tan authorised officer under the regulations; or\n\t(c)\tan approved authority under a law of another State,\nknowing that it is not such a vehicle identification plate.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(6)\tA person must not place on a motor vehicle or trailer a number that could be taken to be a vehicle identification number allotted to that motor vehicle or trailer by—\n\t(a)\tthe manufacturer of that motor vehicle or trailer; or\n\t(b)\tan authorised officer under the regulations; or\n\t(c)\tan approved authority under a law of another State,\nknowing that it is not such a vehicle identification number.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(7)\tAn authorised officer may remove from a motor vehicle or trailer a plate or number that the officer reasonably suspects has been placed on the motor vehicle or trailer in contravention of subsection (5) or (6).\n\t(8)\tA person must not, except in circumstances prescribed by regulation, remove, alter, deface or obliterate a vehicle identification plate or vehicle identification number lawfully placed on a motor vehicle or trailer.\n\t(9)\tA person must not, without the approval of the Minister, manufacture or sell or offer for sale a vehicle identification plate.\n\t(10)\tA person must not, without reasonable excuse, be in possession of a vehicle identification plate.\nMaximum penalty: $2 500 or imprisonment for 6 months.\n\t(11)\tA person must not—\n\t(a)\tplace on the engine block of a motor vehicle a number other than the engine number allotted to the engine of that motor vehicle by—\n\t(i)\tthe manufacturer of the engine; or\n\t(ii)\tan authorised officer under the regulations; or\n\t(iii)\tan approved authority under a law of another State; or\n\t(b)\twithout reasonable excuse, remove, alter, deface or obliterate an engine number lawfully placed on the engine block of a motor vehicle.\n\t(12)\tA person must not—\n\t(a)\tplace on the chassis of a motor vehicle or trailer a number other than the chassis number allotted to the chassis of that motor vehicle or trailer (as the case requires) by the manufacturer of the chassis; or\n\t(b)\twithout reasonable excuse, remove, alter, deface or obliterate a chassis number lawfully placed on the chassis of a motor vehicle or trailer.\n","sortOrder":25},{"sectionNumber":"Part 4","sectionType":"part","heading":"Vehicle standards, mass and loading requirements and safety provisions applying to light vehicles","content":"Part 4—Vehicle standards, mass and loading requirements and safety provisions applying to light vehicles\nDivision 1—Light vehicle standards\n111—Rules prescribing light vehicle standards\nThe Governor may make rules to set standards (light vehicle standards) about the design, construction, efficiency and performance of, and the equipment to be carried on, light vehicles that are motor vehicles, trailers and combinations.\nDivision 2—Light vehicle mass and loading requirements\n113—Regulations prescribing light vehicle mass and loading requirements\nThe Governor may make regulations to prescribe requirements (light vehicle mass and loading requirements) about the mass and loading of light vehicles that are motor vehicles, trailers and combinations, including dimensions and securing of loads and the coupling of such vehicles.\n","sortOrder":26},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Provisions relating to breaches of light vehicle standards or maintenance requirements","content":"Division 3A—Provisions relating to breaches of light vehicle standards or maintenance requirements\n116—Meaning of breach of light vehicle standards or maintenance requirement\n\t(1)\tFor the purposes of this Act, there is a breach of a light vehicle standards or maintenance requirement if—\n\t(a)\ta light vehicle is driven on a road; and\n\t(b)\tthe vehicle—\n\t(i)\tdoes not comply with a requirement of the light vehicle standards; or\n\t(ii)\thas not been maintained in a safe condition; or\n\t(iii)\thas not been maintained with an emission control system fitted to it of each kind that was fitted to it when it was built and in a condition that ensures that each emission control system fitted to it continues operating essentially in accordance with the system's original design; or\n\t(iiia)\tis an ultra high powered vehicle and a mechanical fault or system error has resulted in an automated intervention system of the vehicle being disabled; or\n\t(iv)\tdoes not comply with the requirements of section 162A.\n\t(2)\tFor the purposes of this section, a light vehicle is not maintained in a safe condition if driving the vehicle would endanger the person driving the vehicle, anyone else in or on the vehicle or a vehicle attached to it or other road users.\n\t(3)\tThis section does not apply to vehicles excluded by the light vehicle standards from the application of those standards.\n\t(4)\tIn subsection (1)(b) ultra high powered vehicle, automated intervention system and disabled all have the same meanings as in section 44C.\n117—Liability of driver\n\t(a)\tthere is a breach of a light vehicle standards or maintenance requirement; and\n\t(b)\tthe person is the driver of the light vehicle concerned.\n\t(2)\tIt is a defence to a charge for an offence against this section if the person charged establishes that the person—\n\t(a)\tdid not cause or contribute to the condition of the vehicle and had no responsibility for or control over the maintenance of the vehicle at any relevant time; and\n\t(b)\tdid not know and could not reasonably be expected to have known of the condition of the vehicle; and\n\t(c)\tcould not reasonably be expected to have sought to ascertain whether there were or were likely to be deficiencies in the vehicle.\n118—Liability of operator\n\t(a)\tthere is a breach of a light vehicle standards or maintenance requirement; and\n\t(b)\tthe person is the operator of the light vehicle concerned.\n\t(2)\tIt is a defence to a charge for an offence against this section if the person charged establishes that the vehicle was being used at the relevant time by—\n\t(a)\tanother person not entitled (whether by express or implied authority or otherwise) to use it, other than an employee or agent of the person; or\n\t(b)\tby an employee of the person who was acting at the relevant time outside the scope of the employment; or\n\t(c)\tby an agent of the person who was acting at the relevant time outside the scope of the agency.\n","sortOrder":27},{"sectionNumber":"Div 3B","sectionType":"division","heading":"Provisions relating to breaches of light vehicle mass, dimension and load restraint requirements","content":"Division 3B—Provisions relating to breaches of light vehicle mass, dimension and load restraint requirements\nSubdivision 1—Preliminary\n119—Meaning of breach of light vehicle mass, dimension or load restraint requirement\nFor the purposes of this Act, there is a breach of a light vehicle mass, dimension or load restraint requirement if—\n\t(a)\ta light vehicle is driven on a road; and\n\t(b)\tthe vehicle does not comply with a light vehicle mass, dimension or load restraint requirement.\nSubdivision 3—Liability for breaches of light vehicle mass, dimension or load restraint requirements\n123—Liability of driver\nA person commits an offence if—\n\t(a)\tthere is a breach of a light vehicle mass, dimension or load restraint requirement; and\n\t(b)\tthe person is the driver of the light vehicle concerned.\n124—Liability of operator\n\t(a)\tthere is a breach of a light vehicle mass, dimension or load restraint requirement; and\n\t(b)\tthe person is the operator of the light vehicle concerned.\n\t(2)\tIt is a defence to a charge for an offence against this section if the person charged establishes that the vehicle was being used at the relevant time by—\n\t(a)\tanother person not entitled (whether by express or implied authority or otherwise) to use it, other than an employee or agent of the person; or\n\t(b)\tby an employee of the person who was acting at the relevant time outside the scope of the employment; or\n\t(c)\tby an agent of the person who was acting at the relevant time outside the scope of the agency.\nDivision 4—Enforcement powers\nSubdivision 1—Defect notices relating to breaches of light vehicle standards or maintenance requirements\n145—Defect notices\ndefect notice means a notice issued under subsection (5);\nrepairs means repairs, replacements, reconditioning, additions, adjustments or work of any kind for remedying deficiencies or defects;\nsafety risk means a risk—\n\t(a)\tto public safety; or\n\t(b)\tof harm to the environment;\nvehicle means a light vehicle;\nvehicle registration authority means the Registrar of Motor Vehicles or the corresponding authority of another State or a Territory of the Commonwealth.\n\t(1aa)\tFor the purposes of this section, a vehicle has deficiencies if the vehicle is in a condition such that there would be a breach of a light vehicle standards or maintenance requirement if the vehicle were driven on a road.\n\t(1a)\tAn authorised officer may direct the driver of a vehicle to stop the vehicle and may examine the vehicle if the vehicle has deficiencies or the officer suspects on reasonable grounds that the vehicle has deficiencies.\n\t(1b)\tDespite subsection (1a), an authorised officer may direct the driver of a vehicle of a prescribed class to stop the vehicle and may examine the vehicle for the purposes of determining whether the vehicle has deficiencies (whether or not there is reason to suspect that the vehicle has deficiencies).\n\t(2)\tIf an authorised officer suspects on reasonable grounds that a vehicle has deficiencies, the officer may direct the owner, the operator or the person in charge of the vehicle to produce it for examination at a specified time and place.\n\t(2a)\tAn authorised officer may, at any time when any premises where vehicles are exhibited or kept for sale or hire are open for business, for the purposes of determining whether a vehicle exhibited or kept for sale or hire on those premises has deficiencies, examine the vehicle or direct the owner, the operator or the person in charge of the vehicle to produce it for examination at a time and place stated by the authorised officer.\n\t(3)\tA person must comply with a direction given under this section.\n\t(4)\tAn authorised officer may for the purposes of examining a vehicle under this section—\n\t(a)\tcause the vehicle to be examined by any other person; and\n\t(b)\tdrive or test, or cause any other person to drive or test, the vehicle.\n\t(4a)\tIf, on examination of a vehicle, an authorised officer is of the opinion that the vehicle has deficiencies but that further use of the vehicle on roads would not give rise to a safety risk, the officer may issue a formal written warning to the driver of the vehicle or, if the vehicle is unattended, cause a formal written warning to be affixed to the vehicle.\n\t(4b)\tA driver of a vehicle who is given a formal written warning must cause the warning to be sent to the registered operator of the vehicle.\n\t(4c)\tA formal written warning must—\n\t(a)\tstate the date of issue of the warning; and\n\t(b)\tidentify the authorised officer who issued the warning; and\n\t(c)\tidentify the vehicle to which the warning relates; and\n\t(d)\tstate details of the vehicle's deficiencies and the repairs that should be made to the vehicle to remedy those deficiencies; and\n\t(e)\tstate such other matters as may be prescribed.\n\t(5)\tIf, on examination of a vehicle, an authorised officer is of the opinion that the vehicle has deficiencies and reasonably believes that further use of the vehicle on roads would give rise to a safety risk, the officer may issue a written notice (a defect notice) in relation to the vehicle, being—\n\t(a)\tif the officer reasonably believes that further use of the vehicle on roads after the time specified in the notice would give rise to an imminent and serious safety risk—a major vehicle defect notice; or\n\t(b)\tin any other case—a minor vehicle defect notice.\n\t(5a)\tAn authorised officer who issues a defect notice in relation to a vehicle must—\n\t(a)\tgive the defect notice to the driver of the vehicle if the driver is present or, if the vehicle is unattended, cause the defect notice to be affixed to the vehicle; and\n\t(b)\tcause a defective vehicle label to be affixed to the vehicle; and\n\t(c)\tcause a copy of the defect notice to be sent to the Registrar of Motor Vehicles.\n\t(5b)\tA driver of a vehicle who is given a defect notice must cause the defect notice to be sent to the registered operator of the vehicle.\n\t(5c)\tA defect notice must—\n\t(a)\tstate the date of issue of the notice; and\n\t(b)\tidentify the authorised officer who issued the notice; and\n\t(c)\tidentify the vehicle to which the notice relates; and\n\t(d)\tstate whether the defect notice is a major vehicle defect notice or a minor vehicle defect notice; and\n\t(e)\tstate details of the vehicle's deficiencies and the repairs that are required to be made to the vehicle to remedy those deficiencies; and\n\t(f)\tspecify the means by which the vehicle must be moved to the place at which the repairs required by the notice are to be made; and\n\t(g)\tdirect that the vehicle must not, except as provided in the defect notice, stand or be driven on a road, or be sold or otherwise disposed of, after the issue of the defect notice until—\n\t(i)\tthe vehicle has been produced at a place specified in the notice for examination; and\n\t(ii)\ta certificate (a clearance certificate) has been issued by an authorised officer or a vehicle registration authority certifying that the repairs required by the notice have been made; and\n\t(iii)\tan authorised officer or a vehicle registration authority has caused the defective vehicle label affixed to the vehicle under subsection (5a) to be defaced or removed from the vehicle; and\n\t(h)\tstate such other matters as may be prescribed.\n\t(5d)\tAn authorised officer or a vehicle registration authority may examine a vehicle for the purpose of determining whether the repairs required by a defect notice issued in relation to the vehicle (whether issued under this section or under provisions of a law of another State or a Territory of the Commonwealth that correspond to this section) have been made and whether the vehicle has any other deficiencies.\n\t(5e)\tA defective vehicle label must—\n\t(a)\tstate the date of issue of the label; and\n\t(b)\tidentify the authorised officer who issued the label; and\n\t(c)\tstate the number allotted to the vehicle under section 46 of the Motor Vehicles Act 1959; and\n\t(d)\tstate the time and date after which the vehicle must not be used on roads; and\n\t(e)\tspecify the means by which the vehicle must be moved to the place at which the repairs required by the defect notice issued in relation to the vehicle are to be made; and\n\t(f)\tstate the serial number of the defect notice to which the label relates; and\n\t(g)\tstate such other matters as may be prescribed.\n\t(5f)\tA person must not, without lawful authority, deface, alter or obscure a defective vehicle label or remove a defective vehicle label from a vehicle to which it is affixed.\n\t(5g)\tAn authorised officer—\n\t(a)\tmay at any time vary or withdraw a defect notice; and\n\t(b)\tmust cause notice of the withdrawal of a defect notice to be sent to the Registrar of Motor Vehicles and the registered operator of the vehicle in relation to which the defect notice was given.\n\t(5h)\tAn authorised officer who issues a clearance certificate must cause a copy of the certificate to be sent to the Registrar of Motor Vehicles.\n\t(6)\tA person must not drive a vehicle, or cause or permit a vehicle to be driven or to stand, on a road, or sell or otherwise dispose of a vehicle, contrary to the terms of a defect notice.\n\t(6a)\tIt is a defence to a charge under subsection (6) of having sold or otherwise disposed of a vehicle contrary to the terms of a defect notice if the defendant satisfies the court that at the time of the sale or disposal the defendant had reason to believe that the vehicle was not intended to be used on a road after the sale or disposal.\n\t(7)\tThe Registrar of Motor Vehicles must—\n\t(a)\trecord on the register of motor vehicles—\n\t(i)\tdetails of any defect notice issued under this section; or\n\t(ii)\tif a defect notice is issued under provisions of a law of another State or a Territory of the Commonwealth that correspond to this section in relation to a vehicle registered in this State—details of that defect notice;\n\t(b)\tremove from the register details of any such notice if the Registrar is satisfied—\n\t(i)\tthat a clearance certificate has been issued in respect of the vehicle in relation to which the defect notice was issued; or\n\t(ii)\tthat the defect notice has been withdrawn.\n\t(8)\tThe Minister may, by notice in writing, authorise a person in accordance with the regulations to exercise any of the powers of an authorised officer under this section specified in the notice.\n\t(9)\tAn authorisation issued under subsection (8) may be subject to conditions and may be revoked at any time.\n\t(10)\tThe Minister may, for the purposes of this section, establish a code of practice to be observed by persons authorised under subsection (8).\n\t(11)\tA person who contravenes a code of practice established under subsection (10) is guilty of an offence.\n\t(12)\tThe Commissioner of Police—\n\t(a)\tmust, on the request of the Minister; and\n\t(b)\tmay, at any other time,\nprovide the Minister with such information as may be relevant to the question of whether a particular person is a fit and proper person to be authorised under subsection (8).\n\t(13)\tNo liability attaches to a person authorised to exercise powers under this section for an honest act or omission in the performance or purported performance of functions under this section.\n\t(14)\tA liability that would, but for subsection (13), attach to a person attaches instead to the Crown.\n\t(15)\tIf a copy of a defect notice or clearance certificate is required to be sent to the Registrar of Motor Vehicles, the notice or certificate may be sent in electronic form.\nSubdivision 2—Powers relating to breaches of light vehicle mass, dimension or load restraint requirements\n146—Directions and authorisations\n\t(1)\tIf an authorised officer believes on reasonable grounds that a light vehicle is the subject of 1 or more breaches of light vehicle mass, dimension or load restraint requirements, the officer may—\n\t(a)\tif the officer does not give a direction under paragraph (b)—authorise the driver of the vehicle to continue its journey under this section; or\n\t(b)\tif the officer believes on reasonable grounds that particular circumstances exist for the purposes of this section warranting the giving of a direction under this paragraph—direct the driver or operator of the vehicle—\n\t(i)\tto rectify specified breaches of light vehicle mass, dimension or load restraint requirements then and there; or\n\t(ii)\tif the officer also believes on reasonable grounds that the vehicle should be moved to another location—to move it or cause it to be moved to a specified suitable location that is within the prescribed distance, and not to proceed from there until specified breaches of light vehicle mass, dimension or load restraint requirements are rectified.\n\t(2)\tWithout limiting the above, particular circumstances exist for the purposes of this section warranting the giving of a direction if—\n\t(a)\trectification is reasonable and can be carried out easily; or\n\t(b)\trectification is necessary in the public interest to avoid potential risk of harm to public safety, the environment, road infrastructure or public amenity.\n\t(4)\tIf a direction is given in relation to a light vehicle that is a combination, nothing in this section prevents a component vehicle of the combination from being separately driven or moved if—\n\t(a)\tthe component vehicle is not itself the subject of a breach of a light vehicle mass, dimension or load restraint requirement; and\n\t(b)\tit is not otherwise unlawful for the component vehicle to be driven or moved.\n\t(5)\tHowever, subsection (4) does not apply if there is also a direction that prevents the component vehicle from being separately driven or moved.\n\t(6)\tIf an authorised officer believes on reasonable grounds that—\n\t(a)\ta light vehicle is the subject of 1 or more breaches of light vehicle mass, dimension or load restraint requirements; and\n\t(b)\tthe driver of the vehicle is not or is no longer the subject of a direction for the rectification of the breach or breaches,\nthe officer may authorise the driver of the vehicle to continue its journey.\n\t(7)\tAn authorisation may be granted under this section unconditionally or subject to conditions imposed by the officer.\n\t(8)\tA person commits an offence if—\n\t(a)\tthe person is granted an authorisation under this section; and\n\t(b)\tthe authorisation is subject to a condition; and\n\t(c)\tthe person engages in conduct that results in a contravention of the condition.\n\t(9)\tAn authorised officer may give a direction or authorisation under this section orally or in writing.\ncomponent vehicle of a combination means a towing vehicle or trailer of the combination;\nprescribed distance means a distance (in any direction) within a radius of 30 kilometres of—\n\t(a)\tthe location of the vehicle when the direction is given; or\n\t(b)\tany point along the forward route of the journey, if the direction is given in the course of a journey of the vehicle;\nsuitable location means a location that the officer believes on reasonable grounds to be suitable for the purpose of complying with the direction, having regard to any matters the officer considers relevant in the circumstances.\n\t(11)\tThis section applies to a vehicle regardless of whether or not the vehicle is, has been or becomes the subject of a direction under Part 2 Division 5.\n\t(12)\tThis section does not limit or prevent the exercise of powers under Part 2 Division 5 for the purpose of determining whether there is or has been a breach of a light vehicle mass, dimension or load restraint requirement (or any other purpose).\nDivision 5—Further safety provisions\n161A—Driving of certain light vehicles subject to Ministerial approval\n\t(1)\tA person must not drive a light vehicle to which this section applies on or over a road without the approval of the Minister.\n\t(2)\tAn approval under subsection (1) is subject to such conditions (if any) as the Minister thinks fit and specifies in the instrument or notice of approval.\n\t(3)\tThis section applies to—\n\t(a)\tair cushioned vehicles; and\n\t(b)\tany other vehicle of a class declared by regulation to be a class of vehicles to which this section applies.\n162A—Seat belts and child restraints\n\t(1)\tSubject to this section and the regulations, every motor vehicle must be equipped in accordance with the regulations with seat belts, anchorages for seat belts and anchorages for child restraints.\n\t(3)\tThe Governor may, by regulation—\n\t(a)\tdeclare that any vehicle or vehicles of any class are exempt from the provisions of this section; and\n\t(b)\tprescribe specifications as to the design, materials, strength, construction and installation of seat belts, anchorages for seat belts, child restraints and anchorages for child restraints; and\n\t(c)\tprescribe the seating positions for which seat belts, anchorages for seat belts or anchorages for child restraints are required; and\n\t(d)\tprescribe any other matters or specifications relating to seat belts, anchorages for seat belts, child restraints or anchorages for child restraints.\n\t(4)\tThe Minister may, in respect of any particular vehicle or vehicles of any particular class, approve specifications in relation to the seat belts with which that vehicle or vehicles of that class are to be equipped.\n\t(5)\tA vehicle equipped with seat belts in accordance with specifications approved under subsection (4) will be taken to comply with this section.\n162B—Safety helmets for riders\nThe Governor may, by regulation—\n\t(a)\tprescribe specifications as to the design, material, strength and construction of safety helmets for use by persons riding or being carried on motor bikes, bicycles or personal mobility devices; and\n\t(b)\tprescribe any other matters or specifications relating to safety helmets for such use.\n162C—Safety helmets and riders of wheeled recreational devices and wheeled toys\n\t(1)\tA person must not ride, or ride on, a wheeled recreational device or wheeled toy unless the person is wearing a safety helmet that complies with the regulations and is properly adjusted and securely fastened.\n\t(2)\tA person must not ride a wheeled recreational device or wheeled toy on which a child under the age of 16 years is carried unless the child is wearing a safety helmet that complies with the regulations and is properly adjusted and securely fastened.\n\t(2a)\tA parent or other person having the custody or care of a child under the age of 16 years must not cause or permit the child to ride or be carried on a wheeled recreational device or wheeled toy unless the child is wearing a safety helmet that complies with the regulations and is properly adjusted and securely fastened.\n\t(2c)\tIt is a defence to a charge under this section for the defendant to prove that there were in the circumstances of the case special reasons justifying non-compliance with the requirements of this section.\n\t(3)\tThe Governor may, by regulation—\n\t(a)\tprescribe specifications as to the design, materials, strength and construction of safety helmets for use by persons riding or being carried on wheeled recreational devices or wheeled toys; and\n\t(b)\tprescribe any other matters or specifications relating to safety helmets for such use.\n\t(4)\tThis section does not apply to or in relation to a person who rides, rides on or is carried on a wheeled recreational device or wheeled toy if that person—\n\t(a)\tis of the Sikh religion; and\n\t(b)\tis wearing a turban.\nDivision 7—Power of exemption\n163AA—Power of exemption\n\t(1)\tThe Minister may, by instrument in writing or by notice in the Gazette—\n\t(a)\texempt—\n\t(i)\tany specified vehicle; or\n\t(ii)\tany vehicles of a specified class; or\n\t(iii)\tvehicles carrying loads of a specified kind,\nfrom specified provisions of this Part; or\n\t(b)\tvary or revoke an exemption under paragraph (a).\n\t(2)\tAn exemption under subsection (1) is subject to such conditions and limitations (if any) as the Minister thinks fit and specifies in the instrument or notice of exemption.\n","sortOrder":28},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Central Inspection Authority","content":"Part 4A—Central Inspection Authority\n163A—The Authority\n\t(1)\tThe Central Inspection Authority (in this Part referred to as the Authority) is established.\n\t(2)\tThe Minister may, by notice in the Gazette, declare that any person, body or administrative unit constitutes the Authority, and the Authority is then constituted accordingly.\n\t(3)\tThe Minister may, by further notice in the Gazette, vary or revoke any notice given under this section.\n\t(4)\tThe Authority may, with the approval of the Minister, delegate to any person, body or department of Government any of the powers, duties or functions, other than this power of delegation, conferred or imposed on the Authority by this Act.\n\t(5)\tA delegation under subsection (4) is revocable at will and does not derogate from the power of the Authority to act in any matter.\n\t(6)\tThe Authority is subject to the control and direction of the Minister.\n163C—Application of Part\n\t(1)\tThis Part applies to vehicles of a prescribed class.\n\t(1a)\tThe Minister may, by notice in writing—\n\t(a)\texempt a specified vehicle from this Part or from specified provisions of this Part; or\n\t(b)\tvary or revoke an exemption under paragraph (a).\n\t(1b)\tAn exemption under subsection (1a) is subject to such conditions and limitations (if any) as the Minister thinks fit and specifies in the instrument of exemption.\n\t(3)\tIf the Registrar of Motor Vehicles suspects on reasonable grounds that a motor vehicle has been driven in contravention of this Part, the Registrar may, on the recommendation of the Authority, suspend the registration of the vehicle until such time as a certificate of inspection is issued in relation to the vehicle.\n163D—Inspection of vehicles and issue of certificates of inspection\n\t(1)\tA vehicle to which this Part applies must not be driven on a road while carrying passengers (other than the driver) unless the vehicle is the subject of a current certificate of inspection.\n\t(1a)\tThe owner and the operator of a vehicle to which this Part applies must ensure that the vehicle is produced to the Authority for inspection at least once within each prescribed period or as the Authority may direct in a particular case.\n\t(2)\tSubject to subsections (3) and (3a), the Authority must, after inspection of a vehicle and on payment of the prescribed fee, issue a certificate of inspection in the prescribed form in respect of that vehicle and, subject to this Act, that certificate remains in force until the expiration of the next period, specified in the certificate, within which the vehicle must be again inspected.\n\t(3)\tThe Authority must not issue a certificate of inspection—\n\t(a)\tif the inspection reveals a mechanical defect or inadequacy that may, in the opinion of the Authority, render the vehicle unsafe; or\n\t(b)\tif the vehicle does not comply with prescribed requirements relating to its design, construction or safety.\n\t(3a)\tThe Authority may refuse a certificate of inspection if, in its opinion, the vehicle has not, since a certificate was last issued, been maintained in accordance with a prescribed scheme of maintenance that applies to the vehicle.\n\t(4)\tThe Minister may exempt such persons, or persons of such class, from payment of the prescribed fee as the Minister thinks fit.\n\t(5)\tThe Authority may, when issuing a certificate of inspection, attach such conditions to the certificate as it thinks fit.\n\t(6)\tIf a vehicle is driven on a road in contravention of subsection (1), or when a condition of a certificate of inspection in respect of the vehicle has not been complied with, the driver, the owner and the operator of the vehicle are each guilty of an offence.\n163E—Inspection of vehicles\n\t(1)\tA vehicle to which this Part applies may be inspected at any time by the Authority or an authorised officer despite the fact that a certificate of inspection relating to the vehicle is in force.\n\t(2)\tThe Authority may, by notice given to the owner or the operator of a vehicle, direct that the vehicle be presented for inspection under this section at such place and time as is specified in the notice.\n\t(3)\tA person who fails to comply with a notice served under subsection (2) is guilty of an offence.\n\t(4)\tAn authorised officer may inspect a vehicle under this section at any time and place and may enter any premises for the purpose of making the inspection.\n163F—Cancellation of certificates of inspection\nThe Authority may cancel a certificate of inspection on being satisfied—\n\t(a)\tthat a notice given under section 163E in relation to the vehicle has not been complied with; or\n\t(b)\tthat a condition of the certificate has not been complied with; or\n\t(c)\tthat a vehicle to which the certificate relates is unsafe; or\n\t(d)\tthat since the certificate was issued, there has been a failure to maintain the vehicle in accordance with a prescribed scheme of maintenance that applies to the vehicle; or\n\t(e)\tthat a vehicle to which the certificate relates does not comply with prescribed requirements relating to its design, construction and safety.\n163G—Inspection of certificates\nAn authorised officer may require the driver of a vehicle to which this Part applies to stop the vehicle for the purpose of permitting that officer to inspect any certificate of inspection that may be attached to the vehicle.\n163GA—Maintenance records\n\t(1)\tIf a prescribed scheme of maintenance applies to a vehicle—\n\t(a)\tthe following information must be recorded, in the English language, in a clear and legible manner, on the prescribed form in respect of the vehicle:\n\t(i)\tparticulars of all prescribed maintenance and repair work carried out on the vehicle; and\n\t(ii)\tsuch other particulars as are prescribed; and\n\t(b)\tthose records must be retained in South Australia for a period of three years, or for such shorter period as may be prescribed, in a form that permits quick and convenient reference.\n\t(1a)\tIf there is a failure to comply with subsection (1) in respect of a vehicle to which subsection (1) applies, the owner and the operator of the vehicle are each guilty of an offence.\n\t(1b)\tIf a vehicle is not maintained in accordance with a prescribed scheme of maintenance that applies to the vehicle, the owner and operator of the vehicle are each guilty of an offence.\n\t(2)\tThe Authority may, by notice in writing, exempt a person from the requirement to use the prescribed form when making records under this section if, in its opinion, the records that that person will make under this section will be of a satisfactory standard.\n\t(3)\tThe Authority may, by subsequent notice in writing, vary or revoke an exemption granted under subsection (2).\n163I—Evidentiary\nAn apparently genuine certificate purporting to be under the seal of the Authority to the effect that, at any specified time—\n\t(a)\ta vehicle was, or was not, the subject of a current certificate of inspection,\nis, in the absence of proof to the contrary, proof of the fact so certified.\n163J—Recognition of interstate certificates of inspection\n\t(1)\tThe Authority may recognise a certificate of inspection issued in respect of a vehicle under the law of another State or Territory of Australia if the Authority is satisfied that the issuing body observes standards of vehicle safety comparable to those observed by the Authority.\n\t(2)\tA certificate of inspection recognised by the Authority under this section will, for the purposes of this Part, be taken to be a certificate of inspection issued by the Authority.\n163K—Limitation of liability\nNo person who does any act under, or purportedly under, this Part, or omits to exercise any power conferred under this Part, is under any civil or criminal liability in respect of that act or omission if the person acted, or omitted to act, in good faith and with reasonable care.\n","sortOrder":29},{"sectionNumber":"Part 4C","sectionType":"part","heading":"General compensation orders","content":"Part 4C—General compensation orders\n163ZC—Compensation orders for damage to road infrastructure\n\t(1)\tA court that finds a person guilty of an offence may make an order (a compensation order) requiring the offender to pay a road authority such amount by way of compensation as the court thinks fit for damage to any road infrastructure that the road authority has incurred or is likely to incur in consequence of the offence.\n\t(2)\tA compensation order may be made on the application of the prosecutor or the road authority.\n\t(3)\tA compensation order may only be made in favour of the road authority.\n\t(4)\tThe court may make a compensation order if it is satisfied on the balance of probabilities that the commission of the offence caused or contributed to the damage.\n\t(5)\tThe court may make a compensation order—\n\t(a)\twhen it finds the offender guilty of the offence; or\n\t(b)\ton an application made not later than the period within which a prosecution for the offence could have been commenced.\n163ZD—Assessment of compensation\n\t(1)\tIn making a compensation order, the court may assess the amount of compensation in such manner as it considers appropriate, including (for example) the estimated cost of remedying the damage.\n\t(2)\tIn assessing the amount of compensation, the court may take into account such matters as it considers relevant, including—\n\t(a)\tany evidence adduced in connection with the prosecution of the offence; and\n\t(b)\tany evidence not adduced in connection with the prosecution of the offence but adduced in connection with the making of the proposed order; and\n\t(c)\tany certificate of the road authority stating that the road authority maintains the road concerned; and\n\t(d)\tany other certificate of the road authority, such as a certificate—\n\t(i)\testimating the monetary value of all or any part of the road infrastructure or of the damage to it; or\n\t(ii)\testimating the cost of remedying the damage; or\n\t(iii)\testimating the extent of the offender's contribution to the damage.\n163ZE—Service of certificates\n\t(1)\tIf a road authority proposes to use a certificate referred to in section 163ZD in proceedings, the road authority must serve a copy of the certificate on the defendant at least 28 working days before the day on which the matter is set down for hearing.\n\t(2)\tSuch a certificate cannot be used in the proceedings unless a copy of the certificate has been served in accordance with this section.\n\t(3)\tA defendant who wishes to challenge a statement in such a certificate must serve a notice in writing on the road authority at least 14 working days before the day on which the matter is set down for hearing.\n\t(4)\tThe notice of intention must specify the matters in the certificate that are intended to be challenged.\n\t(5)\tIf the defendant is intending to challenge the accuracy of any measurement, analysis or reading in the certificate, the defendant must specify the reason why the defendant alleges that it is inaccurate and must specify the measurement, analysis or reading that the defendant considers to be correct.\n\t(6)\tThe defendant cannot challenge any matter in the certificate if the requirements of this section have not been complied with in relation to the certificate, unless the court gives leave to do so in the interests of justice.\n163ZF—Limits on amount of compensation\n\t(1)\tIf, in making a compensation order, the court is satisfied that the commission of the offence concerned contributed to the damage but that other factors not connected with the commission of the offence also contributed to the damage, the court must limit the amount of the compensation payable by the offender to the amount it assesses as being the offender's contribution to the damage.\n\t(2)\tThe maximum amount of compensation cannot exceed the monetary jurisdictional limit of the court in civil proceedings.\n\t(3)\tThe court may not include in the order any amount for—\n\t(a)\tpersonal injury or death; or\n\t(b)\tloss of income (whether sustained by a road authority or any other person or organisation); or\n\t(c)\tdamage to any property (including a vehicle) that is not part of the road infrastructure.\n163ZG—Costs\nThe court has the same power to award costs in relation to the proceedings for a compensation order as it has in relation to civil proceedings, and the relevant provisions of laws applying to costs in relation to civil proceedings apply with any necessary adaptations to costs in relation to the proceedings for the compensation order.\n163ZH—Relationship with orders or awards of other courts and tribunals\n\t(1)\tA compensation order may not be made if another court or tribunal has awarded compensatory damages or compensation in civil proceedings in respect of the damage based on the same or similar facts, and if a court purports to make an order under this Part in those circumstances—\n\t(a)\tthe order is void to the extent that it covers the same matters as those covered by the other award; and\n\t(b)\tany payments made under the order to the extent to which it is void must be repaid by the road authority.\n\t(2)\tThe making of a compensation order does not prevent another court or tribunal from afterwards awarding damages or compensation in civil proceedings in respect of the damage based on the same or similar facts, but the court or tribunal must take the order into account when awarding damages or compensation.\n","sortOrder":30},{"sectionNumber":"Part 5","sectionType":"part","heading":"Supplementary provisions","content":"Part 5—Supplementary provisions\n164A—Offences and penalties\n\t(1)\tA person who contravenes or fails to comply with—\n\t(a)\ta provision of this Act; or\n\t(b)\ta condition or restriction specified in a permit, approval or exemption granted under this Act,\n\t(2)\tA person who is guilty of an offence against this Act for which no penalty is specifically provided is liable to a penalty not exceeding $2 500.\n164B—Approval or exemption does not operate in favour of person who contravenes a condition\n\t(1)\tIf a person contravenes or fails to comply with a condition or restriction specified in an approval or exemption, the approval or exemption does not, while the contravention or non-compliance continues, operate in that person's favour.\n\t(2)\tIf, by virtue of subsection (1)—\n\t(a)\ta person is guilty of an offence against section 161A(1); or\n\t(b)\ta person is guilty of an offence against the provision of this Act from which the person was exempted by an exemption,\nthe person may be proceeded against either for that offence or for the offence of contravening, or failing to comply with, a condition or restriction of the approval or exemption.\napproval means an approval granted by the Minister under section 161A(1);\nexemption means an exemption granted by the Minister under this Act.\n165—False statements\n\t(1)\tA person must not in furnishing information, or compiling a record, under this Act make, or include in the record, a statement that is false or misleading in a material particular.\nMaximum penalty: $10 000 or imprisonment for 6 months.\n\t(2)\tOn a charge of an offence under subsection (1), it is not necessary for the prosecutor to prove the state of mind of the defendant, but the defendant is entitled to be acquitted if the defendant proves that when making the statement the defendant believed and had reasonable grounds for believing it was true.\n\t(3)\tThis section applies to written and oral statements, and in respect of written and oral applications and requests.\n\t(4)\tTo avoid doubt, a record compiled under this Act is not false or misleading for the purposes of this Act merely because the record contains a spelling error.\n166—Double jeopardy\n\t(1)\tA person may be punished only once in relation to the same contravention of a particular provision of this Act, even if the person is liable in more than one capacity.\n\t(2)\tDespite subsection (1), a person may be punished for more than one contravention of a requirement if the contraventions relate to different parts of the same vehicle.\n167—Causing or permitting certain offences\n\t(1)\tA person who causes or permits another person to commit any offence against any provision of this Act is guilty of an offence and liable to the penalty prescribed for the offence so caused or permitted.\n\t(2)\tThis section does not restrict the application to any provision of this Act of section 267 of the Criminal Law Consolidation Act 1935 which relates to the liability of persons aiding, abetting, counselling or procuring the commission of offences.\n168—Power of court to make orders relating to licences or registration\n\t(1)\tA court that convicts a person of—\n\t(a)\tan offence against this Act relating to motor vehicles; or\n\t(b)\tan offence (under this Act or any other Act or law) in the commission of which a motor vehicle was used or the commission of which was facilitated by the use of a motor vehicle,\nmay do one or more of the following:\n\t(c)\torder that the person be disqualified from holding or obtaining a driver's licence for a period fixed by the court or until further order; \n\t(d)\torder that the person so disqualified be not, at the end of the period of disqualification or on the removal of the disqualification, granted a driver's licence until the person passes a driving test as prescribed by section 79A of the Motor Vehicles Act 1959;\n\t(e)\torder that a driver's licence held by the person be modified for a period fixed by the court or until further order;\n\t(f)\torder that the registration of the motor vehicle concerned under the Motor Vehicles Act 1959 be suspended for a period fixed by the court or until further order, or be cancelled;\n\t(g)\torder that the person, and any associate of the person, be disqualified from obtaining registration of the motor vehicle concerned as an owner or operator under the Motor Vehicles Act 1959 for a period fixed by the court or until further order.\n\t(2)\tIf a court considers that another person who is not present in court may be substantially affected by an order under this section, the court may issue a summons to the other person to show cause why the order should not be made.\n\t(2a)\tAn order under this section operates by force of this Act and takes effect either immediately or from a later specified date.\n\t(3)\tIf an order is made requiring a person disqualified under this section to pass a driving test before being granted a driver's licence, the disqualification continues, subject to subsection (4), until the expiration or removal of the disqualification.\n\t(4)\tDespite anything in this Act or in the Motor Vehicles Act 1959 a person—\n\t(a)\tmay drive a motor vehicle for the purpose of being tested under an order made under subsection (1), despite a disqualification from holding or obtaining a driver's licence; and\n\t(b)\twill for all purposes be taken to be the holder of a driver's licence while being so tested.\n\t(5)\tIf a court has ordered that a person be disqualified from holding or obtaining a driver's licence (whether the order was made in relation to an offence under this Act or any other Act or law), the Governor may remove the disqualification from such date as the Governor may specify.\n169A—Power to postpone commencement of disqualification\nIf, under this Act or any other Act, a court orders that a convicted person be disqualified from holding or obtaining a driver's licence, the court may, if it is satisfied that reasonable cause exists for doing so, order that the disqualification take effect from a day or hour subsequent to the making of the order.\n169B—Effect of imprisonment on disqualification\n\t(1)\tIf, in sentencing a convicted person for an offence under this or any other Act, the court imposes a sentence of imprisonment (other than a suspended sentence) and orders that the person be disqualified from holding or obtaining a driver's licence for a specified period, the person will be taken to be so disqualified for a period commencing at the time the order is made and ending at a time calculated as if the specified period commenced—\n\t(a)\ton the person's release from a period of imprisonment served by the person that consists of or includes a period attributable to the court's sentence; or\n\t(b)\tif, on the person's release from such a period of imprisonment, the person would, apart from this subsection, already be disqualified from holding or obtaining a driver's licence or holds a driver's licence that is suspended—on the expiration of that period of disqualification or suspension.\n\t(2)\tSubsection (1) applies despite the terms of the court's order and despite the fact that it will or might result in the convicted person being disqualified from holding or obtaining a driver's licence for a period exceeding the maximum period (if any) prescribed under this or another Act in relation to the relevant offence.\n170—Disqualification where vehicle used for criminal purposes\nIf a court of summary jurisdiction, on information duly laid, is satisfied that a person has used, or is likely to use, a motor vehicle in connection with the commission of any offence by the person or any other person or to facilitate the escape of the person or any other person from arrest or punishment, it may order that the person who used, or is likely to use, the vehicle be disqualified for a period fixed by the court or until further order from holding or obtaining a driver's licence.\n172—Removal of disqualification\n\t(1)\tIf an order has been made disqualifying a person from holding or obtaining a driver's licence until further order, that person may, on information duly laid before a court of summary jurisdiction and served on the Commissioner of Police as defendant to the proceedings, apply to that court for an order removing the disqualification and the court may, if it thinks it expedient to do so, order that the disqualification be removed as from any date which it thinks proper.\n\t(2)\tAn application cannot be made under this section within three months after the making of the original order of disqualification nor within three months after a previous application relating to the same order of disqualification.\n173—Appeals and suspension of disqualification\n\t(1)\tA person who, by virtue of an order of a court under this Act, is disqualified from holding or obtaining a driver's licence may appeal against the order in the same manner as against a conviction.\n\t(2)\tPending the hearing and determination of any such appeal, the operation of any such order may be suspended—\n\t(a)\tin the case of an order made by a court of summary jurisdiction, by the court which made the order or a judge of the Supreme Court;\n\t(b)\tin the case of an order made by the Supreme Court, by a judge of that Court.\n\t(3)\tAn order of suspension may be made before or after the institution of the appeal, but does not have effect until the defendant—\n\t(a)\thas duly instituted the appeal and paid the appropriate court fees; and\n\t(b)\thas served on the Registrar of Motor Vehicles the order of suspension, or a copy of the order, and a notice that the appeal has been duly instituted and the fees paid.\n173A—Defence relating to registered owner or operator\n\t(1)\tIn proceedings for an offence against this Act in which a person is charged as a registered owner of a vehicle, it is a defence if the person proves—\n\t(a)\tthat before the relevant time the ownership of the vehicle had been transferred to some other specified person; or\n\t(b)\tthat the person was wrongly registered or recorded as an owner of the vehicle.\n\t(2)\tIn proceedings for an offence against this Act in which a person is charged as the registered operator of a vehicle, it is a defence if the person proves that at the relevant time the person was not principally responsible for the operation or use of the vehicle.\n173AB—Further defences\n\t(1)\tIt is a defence to a charge for an offence against this Act if the person charged establishes that the conduct constituting the offence was—\n\t(a)\tauthorised or excused by or under a law; or\n\t(b)\tdone in compliance with a direction given by an authorised officer or an Australian Authority or a delegate of an Australian Authority; or\n\t(c)\tdone in response to circumstances of emergency.\n\t(2)\tThe defence under subsection (1)(c) applies only if the person charged reasonably believed that—\n\t(a)\tcircumstances of emergency existed; and\n\t(b)\tcommitting the offence was the only reasonable way to deal with the emergency; and\n\t(c)\tthe conduct was a reasonable response to the emergency.\n\t(3)\tNothing in this section affects any other defence available at law.\n173B—Service of notices etc on owners of vehicles\nIf a notice or other document is required or authorised by this Act to be served on or given to the owner of a vehicle, it is sufficient for the purposes of this Act, in a case where there is more than one owner of the vehicle, if it is served on or given to only one or some of the owners.\n174—Liability when hired vehicles driven for hire\n\t(a)\tthe owner of a motor vehicle lets it on hire to a person who, for the purpose of, or by virtue of any industrial award, is taken to be a servant of that owner; and\n\t(b)\twhile the vehicle is so let, the person taking it on hire drives it in the course of a business of carrying passengers or goods for hire,\nthat person will, as regards liability for any injury, loss or damage caused by that person while so driving the vehicle, be taken to be the servant of the owner and to have been so driving the vehicle in the course of employment by the owner.\nindustrial award means an award, order or determination of an authority, commission, commissioner, committee, court or other tribunal of the Commonwealth or the State having jurisdiction to deal with industrial disputes or industrial matters.\n174A—Liability of vehicle owners and expiation of certain offences\nowner, in relation to a vehicle, has the meaning assigned to the term by section 5, and includes the operator of the vehicle;\nprescribed offence means an offence against a prescribed provision of this Act.\n\t(2)\tWithout derogating from the liability of any other person, but subject to this section, if a vehicle is involved in a prescribed offence, the owner of the vehicle is guilty of an offence and liable to the same penalty as is prescribed for the principal offence and the expiation fee that is fixed for the principal offence applies in relation to an offence against this section.\n\t(3)\tThe owner and driver of a vehicle are not both liable through the operation of this section to be convicted of an offence arising out of the same circumstances, and consequently conviction of the owner exonerates the driver and conversely conviction of the driver exonerates the owner.\n\t(4)\tAn expiation notice or expiation reminder notice given under the Expiation of Offences Act 1996 to the owner of a vehicle for an alleged offence against this section involving the vehicle must be accompanied by a notice inviting the owner, if the owner was not the driver at the time of the alleged prescribed offence, to provide the council or officer specified in the notice, within the period specified in the notice, with a nomination—\n\t(a)\tsetting out the name and address of the driver; or\n\t(b)\tif the owner had transferred ownership of the vehicle to another prior to the time of the alleged offence and has complied with the Motor Vehicles Act 1959 in respect of the transfer—setting out details of the transfer (including the name and address of the transferee).\n\t(4a)\tIf the council or officer specified in the notice under subsection (4) believes that a nomination made in response to the notice has been made in error, the council or officer (as the case may be) may permit the nomination to be withdrawn and a new nomination to be made.\n\t(5)\tBefore proceedings are commenced against the owner of a vehicle for an offence against this section involving the vehicle, the informant must send the owner a notice—\n\t(a)\tsetting out particulars of the alleged prescribed offence; and\n\t(b)\tinviting the owner, if the owner was not the driver at the time of the alleged prescribed offence, to provide the informant, within 21 days of the date of the notice, with a nomination setting out the matters referred to in subsection (4).\n\t(5a)\tA council or officer to whom a nomination is provided in response to a notice under subsection (4) or (5) may require the person who made the nomination to verify the information contained in the nomination by statutory declaration.\n\t(5b)\tIf the informant believes that a nomination made in response to the notice under subsection (5) has been made in error, the informant may permit the nomination to be withdrawn and a new nomination to be made.\n\t(6)\tSubsection (5) does not apply to—\n\t(a)\tproceedings commenced where an owner has elected under the Expiation of Offences Act 1996 to be prosecuted for the offence; or\n\t(b)\tproceedings commenced against an owner of a vehicle who has been named in a nomination under this section as the driver of the vehicle.\n\t(7)\tSubject to subsection (8), in proceedings against the owner of a vehicle for an offence against this section, it is a defence to prove—\n\t(a)\tthat, in consequence of some unlawful act, the vehicle was not in the possession or control of the owner at the time of the alleged prescribed offence; or\n\t(b)\tthat the owner provided the informant with a nomination in accordance with an invitation under this section.\n\t(8)\tThe defence in subsection (7)(b) does not apply if it is proved that the owner made the nomination knowing it to be false in a material particular.\n\t(9)\tIf—\n\t(a)\tan expiation notice is given to a person named as the alleged driver in a nomination under this section; or\n\t(b)\tproceedings are commenced against a person named as the alleged driver in such a nomination,\nthe notice or summons, as the case may be, must be accompanied by a notice setting out particulars of the nomination that named the person as the alleged driver.\n\t(9a)\tThe particulars of the nomination provided to the person named as the alleged driver must not include the address of the person who provided the nomination.\n\t(10)\tIn proceedings against a person named in a nomination under this section for the offence to which the nomination relates, it will be presumed, in the absence of proof to the contrary, that the person was the driver of the vehicle at the time at which the alleged offence was committed.\n\t(11)\tIn proceedings against the owner or driver of a vehicle for an offence against this Act, an allegation in the information that a notice was given under this section on a specified day will be accepted as proof, in the absence of proof to the contrary, of the facts alleged.\n\t(12)\tA nomination under this section must be made in a manner and form approved by the Minister.\n\t(13)\tA person must not, in making a nomination for the purposes of this section, make a statement that is false or misleading in a material particular.\nMaximum penalty: $25 000 or imprisonment for 4 years.\n174AB—Marking of tyres for parking purposes\n\t(1)\tAn authorised officer may place an erasable mark on a tyre of a vehicle in the course of enforcing laws relating to the parking of vehicles.\n\t(2)\tA person must not, without proper authority, erase a mark made under subsection (1).\nMaximum penalty: $750.\n174B—Further offence for continued parking contravention\nIf a person is guilty of an offence by reason of a vehicle being parked in contravention of a prescribed provision of this Act, the person is guilty of a further offence—\n\t(a)\tin the case of an offence of being parked for longer than a permitted period of one or more hours—for each hour that the vehicle is parked continuously in the area or length of road in question in contravention of the provision; or\n\t(b)\tin the case of an offence of being parked for longer than a permitted period of less than one hour—for each such period that the vehicle is parked continuously in the area or length or road in question in contravention of the provision; or\n\t(c)\tin any other case—for each hour that the contravention continues.\nMaximum penalty: $500.\n174C—Council may grant exemptions from certain provisions\n\t(1)\tA council may exempt any person, or any persons of a specified class, or any specified vehicle, or any vehicles of a specified class, from compliance within its area with a prescribed provision of this Act.\n\t(2)\tAn exemption under this section may be granted subject to the payment of such fee and to such other conditions (if any) as the council thinks fit and specifies in the exemption.\n174D—Proceedings for certain offences may only be taken by certain officers or with certain approvals\nNo person, other than a police officer or an officer or employee of a council, may commence proceedings against a person for an offence against a prescribed provision of this Act without the prior approval of the Commissioner of Police, or the chief executive officer of the council of the area in which the alleged offence was committed.\n174E—Presumption as to commencement of proceedings\nIn proceedings for an offence against this Act, if it appears from the information that the informant is a police officer or an officer or employee of a council, it will be presumed that the proceedings have been commenced on the information of a police officer or an officer or employee of a council, as the case may be, in the absence of proof to the contrary.\n174G—Dismissal or other victimisation of employee or contractor assisting with or reporting breaches\n\t(1)\tAn employer must not dismiss an employee or contractor, injure an employee or contractor in the employee's or contractor's employment or alter an employee's or contractor's position to the employee's or contractor's detriment because the employee or contractor—\n\t(a)\thas assisted or has given any information to a public agency in respect of a breach or alleged breach of an Australian road law; or\n\t(b)\thas made a complaint about a breach or alleged breach of an Australian road law to the employer, a fellow employee or fellow contractor, a trade union or a public agency.\n\t(2)\tAn employer or prospective employer must not refuse or deliberately omit to offer employment to a prospective employee or prospective contractor or treat a prospective employee or prospective contractor less favourably than another prospective employee or prospective contractor would be treated in relation to the terms on which employment is offered because the first-mentioned prospective employee or contractor—\n\t(a)\thas assisted or has given any information to a public agency in respect of a breach or alleged breach of an Australian road law; or\n\t(b)\thas made a complaint about a breach or alleged breach of an Australian road law to a former employer, a former fellow employee or former fellow contractor, a trade union or a public agency.\n\t(a)\tthe person engages in conduct that results in a contravention of subsection (1); and\n\t(b)\tthe person is an employer of the person concerned.\n\t(a)\tthe person engages in conduct that results in a contravention of subsection (2); and\n\t(b)\tthe person is an employer or prospective employer of the person concerned.\n\t(5)\tIn proceedings for an offence against this section, if all the facts constituting the offence other than the reason for the defendant's action are proved, the onus of proving that the defendant's action was not actuated by the reason alleged in the charge lies on the defendant.\n\t(6)\tIf a person is found guilty of an offence against this section, the court may, in addition to imposing a penalty on the offender, make either or both of the following orders:\n\t(a)\tan order that the offender pay within a specified period to the employee or contractor or to the prospective employee or prospective contractor such damages as it thinks fit by way of compensation;\n\t(b)\tan order that—\n\t(i)\tthe employee or contractor be reinstated or re-employed in the employee's or contractor's former position or (if that position is not available) in a similar position; or\n\t(ii)\tthe prospective employee or prospective contractor be employed in the position for which the prospective employee or prospective contractor had applied or (if that position is not available) in a similar position.\n\t(7)\tThe maximum amount of damages cannot exceed the monetary jurisdictional limit of the court in civil proceedings.\ncontractor means a natural person who works under a contract for services;\npublic agency means—\n\t(a)\tan Australian authority; or\n\t(b)\tan authorised officer or police officer of any jurisdiction; or\n\t(c)\tany other public authority of any jurisdiction.\n174H—False or misleading information provided between responsible persons\n\t(1)\tA person is guilty of an offence if—\n\t(a)\tthe person is a responsible person and provides information to another responsible person; and\n\t(b)\tthe person does so knowing that the information is false or misleading in a material particular or being reckless as to whether the information is false or misleading in a material particular; and\n\t(c)\tthe material particular in which the information is alleged to be false or misleading relates to an ingredient of an Australian road law offence that is or could be committed by the other or any other responsible person if that other person relies or were to rely on the material particular.\ninformation means information in any form, whether written or not.\n174I—Amendment or revocation of directions or conditions\n\t(1)\tSubject to subsection (2), an authorised officer may amend or revoke a direction given, or conditions imposed, by that officer or another authorised officer under this Act.\n\t(2)\tAn authorised officer who is not a police officer cannot amend or revoke a direction given, or conditions imposed, by a police officer.\n174J—Minister may provide information to corresponding Authorities\n\t(1)\tThe Minister may provide information to a corresponding Authority about—\n\t(a)\tany action taken by the Minister under any road law; or\n\t(b)\tany information obtained under this Act, including any information contained in any records, devices or other things inspected or seized under this Act.\n\t(2)\tThis section neither affects nor is affected by section 41L.\n174K—Contracting out prohibited\n\t(1)\tA term of any contract or agreement that purports to—\n\t(a)\texclude, limit or modify the operation of this Act or of any provision of this Act; or\n\t(b)\trequire the payment or reimbursement by a person of all or part of any penalty that another has been ordered to pay under this Act,\nis void to the extent that it would otherwise have that effect.\n\t(2)\tA person commits an offence if the person requires or proposes that another agree to a term of a kind referred to in subsection (1).\n175—Evidence\n\t(1)\tIn proceedings for an offence against this Act, an allegation in an information that—\n\t(a)\ta specified place was a road or road-related area, or a specified kind or portion of road or road-related area; or\n\t(ab)\ta specified length of road was, during a specified period, an emergency service speed zone within the meaning of section 83; or\n\t(b)\ta specified vehicle was parked in a specified place; or\n\t(c)\ta specified traffic control device was on, above or near a specified place; or\n\t(d)\ta traffic control device was of a specified form or was operating in a specified way; or\n\t(e)\ta specified vehicle was a prescribed vehicle within the meaning of section 47A; or\n\t(ea)\ta specified vehicle was a vehicle of a specified kind or had a specified GCM or GVM; or\n\t(f)\ta specified person was an authorised officer; or\n\t(fa)\ta specified person had specified powers under this Act; or\n\t(g)\ta specified person was or was not the holder of a specified exemption, permit or approval; or\n\t(h)\ta specified provision was a condition of a specified exemption, permit or approval; or\n\t(i)\ta specified person was the owner, operator, person in charge or driver of a specified vehicle,\nis proof of the matters so alleged in the absence of proof to the contrary.\n\t(2)\tIn proceedings for an offence against section 47(1a), 47B(1a), 47BA(1a), 47E(3a), 47EAA(9a) or 47I(7), an allegation in the information that a child under the age of 16 years was, on a specified date and at a specified time, present in or on a specified motor vehicle will be accepted as proof of that matter in the absence of proof to the contrary.\n\t(3)\tIn proceedings for an offence against this Act—\n\t(a)\ta statement produced by the prosecution and purporting to be signed by an authorised officer and stating—\n\t(i)\tthe mass of a vehicle with or without its load; or\n\t(ii)\tthe mass carried on an axle, or axle group, of a vehicle; or\n\t(iii)\tthe dimensions or measurements of a vehicle or its load, or any part of a vehicle or its load; or\n\t(iv)\tthat a wheel or tyre of a vehicle is of a specified type or class; or\n\t(v)\tthat a vehicle has, or does not have, a specified mechanical part, or system, of a specified type or class,\nis proof of the fact so stated in the absence of proof to the contrary;\n\t(ab)\ta statement produced by the prosecution and purporting to be signed by a person in charge of a weighbridge or other instrument for determining mass and stating that the weighbridge or instrument is of a specified class, or that it complies with the requirements of the regulations constitutes proof of the fact so stated in the absence of proof to the contrary;\n\t(ac)\ta statement produced by the prosecution and purporting to be signed by a person in charge of a weighbridge or other instrument for determining mass and stating that the person has complied with the requirements of the regulations in relation to the taking of certain specified measurements constitutes proof of the fact so stated in the absence of proof to the contrary;\n\t(b)\ta document produced by the prosecution and purporting to be signed by the Commissioner of Police, or by any other police officer of or above the rank of inspector, and purporting to certify that a specified stopwatch or speedometer had been tested on a specified day and was shown by the test to be accurate to the extent indicated in the document constitutes, in the absence of proof to the contrary, proof of the facts certified and that the relevant instrument was accurate to that extent on the day of the test and—\n\t(i)\tin the case of a stopwatch—throughout the 14 day period following and the 14 day period preceding the day of the test; or\n\t(ii)\tin the case of a speedometer—throughout the 3 month period following and the 3 month period preceding the day of the test,\nfor the purpose of measuring the speed of any motor vehicle, whether or not the speed measured differed from the speed in relation to which the stopwatch or speedometer was tested or the circumstances of the measurement differed in any other respect from the circumstances of the test;\n\t(ba)\ta document produced by the prosecution and purporting to be signed by the Commissioner of Police, or by any other police officer of or above the rank of inspector, and purporting to certify that a specified traffic speed analyser that is a photographic detection device that was, at the time of measurement, mounted in a fixed housing had been tested on a specified day and was shown by the test to be accurate to the extent indicated in the document constitutes, in the absence of proof to the contrary, proof of the facts certified and that the traffic speed analyser was accurate to that extent on the day on which it was so tested and, for the purpose of measuring the speed of any motor vehicle during the period of 1 year immediately following that day whether or not the speed measured differed from the speed in relation to which the analyser was tested or the circumstances of the measurement differed in any other respect from the circumstances of the test;\n\t(baaa)\ta document produced by the prosecution and purporting to be signed by the Commissioner of Police, or by any other police officer of or above the rank of inspector, and purporting to certify that a specified traffic speed analyser that is a photographic detection device that was not, at the time of measurement, mounted in a fixed housing had been tested on a specified day in accordance with—\n\t(i)\tthe appropriate Australian Standard for testing the analyser as in force on the day of testing; or\n\t(ii)\tif there was no appropriate Australian Standard for testing the analyser in force on the day of testing—the manufacturer's specifications,\nand was shown by the test to be accurate to the extent indicated in the document constitutes, in the absence of proof to the contrary, proof of the facts certified and that the traffic speed analyser was accurate to that extent on the day on which it was so tested and, for the purpose of measuring the speed of any motor vehicle on the day following that day whether or not the speed measured differed from the speed in relation to which the analyser was tested or the circumstances of the measurement differed in any other respect from the circumstances of the test;\n\t(baa)\ta document produced by the prosecution and purporting to be signed by the Commissioner of Police, or by any other police officer of or above the rank of inspector, and purporting to certify that a specified traffic speed analyser that is not a photographic detection device had been tested on a specified day in accordance with—\n\t(i)\tthe appropriate Australian Standard for testing the analyser as in force on the day of testing; or\n\t(ii)\tif there was no appropriate Australian Standard for testing the analyser in force on the day of testing—the manufacturer's specifications,\nand was shown to be accurate to the extent indicated in the document, constitutes, in the absence of proof to the contrary, proof of the facts certified and that the traffic speed analyser was accurate to that extent on the day on which it was so tested and, for the purpose of measuring the speed of any motor vehicle, during the period of 1 year immediately following that day (whether or not the speed measured differed from the speed in relation to which the analyser was tested or the circumstances of the measurement differed in any other respect from the circumstances of the test);\n\t(bb)\ta document produced by the prosecution and purporting to be signed by the Commissioner of Standards, or the Officer-in-Charge of Testing, Civil Engineering Testing Laboratories of Adelaide University, and certifying that a specified weighbridge or other instrument for determining mass had been tested on a specified day, such day being within 12 months before or after the date of the offence, and was shown by the test to be accurate to the extent indicated in the document constitutes, in the absence of proof to the contrary, proof that at the time of the offence the weighbridge or instrument, as the case may be, was accurate to the extent indicated in the document.\n\t(4)\tFor the purposes of subsection (3)(ba), a traffic speed analyser will be taken to have been mounted in a fixed housing at the time of measuring the speed of a motor vehicle if it was, at that time, mounted in or on a structure that was affixed to the ground.\n\t(5)\tIn any proceedings under or for the purposes of a road law—\n\t(a)\ta document purporting to be signed by an authorised officer or issued or signed by an Australian Authority, and to certify that any specified specifications, capabilities or legal entitlements or other information relating to a specified vehicle (or a specified component of a specified vehicle) were or were not displayed on the vehicle, or were or were not recorded in an Australian Authority's records, in accordance with an Australian road law; or\n\t(b)\ta document purporting to be signed by an authorised officer or issued or signed by an Australian Authority, and to certify that any specified person or vehicle had or did not have specified legal entitlements; or\n\t(c)\ta document purporting to be signed by an authorised officer or issued or signed by an Australian Authority, and to certify as to any matter that appears in or can be calculated from records kept or accessed by the officer or Australian Authority; or\n\t(d)\ta document purporting to be signed by an authorised officer, and to certify as to the service of an expiation notice or the expiation of an offence,\nconstitutes proof of the fact so certified in the absence of proof to the contrary.\n\t(6)\tTransport documentation or journey documentation is admissible in any proceedings under or for the purposes of a road law and is prima facie evidence of—\n\t(a)\tthe identity and status of the parties to the transaction to which it relates; and\n\t(b)\tthe destination or intended destination of the load to which it relates.\n\t(7)\tThe reference in subsection (6) to the status of parties includes a reference to their status as responsible persons in relation to the transaction.\n175A—Average speed evidence\n\t(1)\tThis section applies to proceedings for a prescribed road law speeding offence.\n\t(2)\tEvidence of the average speed of a vehicle between 2 average speed camera locations is, in accordance with this section, evidence of the actual speed of the vehicle.\n\t(3)\tThe Minister may, by notice in the Gazette, specify—\n\t(a)\t2 average speed camera locations; and\n\t(b)\tthe fastest practicable route between those 2 locations; and\n\t(c)\tthe shortest distance that a vehicle could travel along that route between the 2 locations,\nand the Minister may, by subsequent notice in the Gazette, vary or revoke a notice given under this subsection.\n\t(4)\tFor the purposes of proceedings to which this section applies—\n\t(a)\twhere a fastest practicable route between 2 average speed camera locations and a shortest distance along that route are specified by notice under subsection (3), the route and distance specified in the notice will be conclusively presumed to be the fastest practicable route, and the shortest distance along that route, between the 2 locations; and\n\t(b)\twhere a vehicle appears from average speed camera evidence to have travelled between 2 such average speed camera locations—\n\t(i)\tthe vehicle will be conclusively presumed to have been driven between the 2 locations by that shortest distance along that fastest practicable route (regardless of the actual route taken); and\n\t(ii)\tthe average speed of the vehicle between the 2 locations, calculated by reference to—\n\t(A)\tthat shortest distance along that fastest practicable route; and\n\t(B)\tthe time taken for the vehicle to travel between the locations,\nexpressed as a speed in kilometres per hour rounded down to the nearest whole number, will, subject to this section, be conclusively presumed to be the actual speed of the vehicle along the whole of the specified route between the 2 locations; and\n\t(iii)\tsubject to this section, each driver of the vehicle between the 2 locations will be conclusively presumed to have driven the vehicle at that actual speed.\n\t(5)\tWhere there is evidence of the average speed of a vehicle between 2 average speed camera locations, proceedings for a prescribed road law speeding offence may, if there was more than 1 driver of the vehicle between the 2 locations, be brought against 1 driver or against some or all of the drivers jointly as co‑defendants and the defendant, or each of the defendants, is liable to be convicted or found guilty of the offence.\n\t(6)\tIf, in proceedings to which this section applies where there is evidence of the average speed of a vehicle between 2 average speed camera locations, the defendant satisfies the court that—\n\t(a)\tmore than 1 person drove the vehicle between the 2 locations; and\n\t(b)\tthe defendant has previously furnished to the Commissioner of Police, in accordance with the regulations, a statutory declaration stating either—\n\t(i)\tthe name and address of each person other than the defendant who drove the vehicle between the 2 locations; or\n\t(ii)\tthe name and address of each such driver whose name and address is known to the defendant and, in relation to every other driver of the vehicle between the 2 locations, the reasons why the identity of the driver is not known to the defendant and the inquiries (if any) made to identify the driver; and\n\t(c)\tin a case where the defendant has furnished a statutory declaration referred to in paragraph (b)(ii)—the defendant does not know and could not by the exercise of reasonable diligence have ascertained the identity of any driver whose name and address is not so stated; and\n\t(d)\tthat defendant did not, at any time whilst driving the vehicle between the 2 locations, drive at a speed that exceeded the speed limit applicable to the defendant,\nthe court may determine that subsection (4)(b)(ii) and (iii) do not apply in relation to the proceedings against that defendant.\n\t(7)\tEvidence referred to in subsection (6)(c) and (d) must be given orally on oath.\n\t(8)\tA person—\n\t(a)\tmay not be convicted or found guilty of a prescribed road law speeding offence on the basis of evidence of the average speed of the vehicle between 2 average speed camera locations calculated in accordance with this section if—\n\t(i)\tthe person has been convicted or found guilty of such an offence on the basis of evidence of the actual speed of the vehicle at a particular point on its journey between the 2 locations; or\n\t(ii)\tthe person has expiated such an offence and the allegation relating to the offence was based on such evidence of actual speed; and\n\t(b)\tmay not be convicted or found guilty of a prescribed road law speeding offence on the basis of evidence of the actual speed of the vehicle at a particular point on its journey between 2 average speed camera locations if—\n\t(i)\tthe person has been convicted or found guilty of such an offence on the basis of evidence of the average speed of the vehicle between the 2 locations calculated in accordance with this section; or\n\t(ii)\tthe person has expiated such an offence and the allegation relating to the offence was based on such evidence of average speed.\n\t(9)\tThe Governor may, by regulation—\n\t(a)\tmake provision for or in relation to the identification of an average speed camera location in a notice under subsection (3) or on a road or otherwise; and\n\t(b)\tregulate the manner in which distances between 2 average speed camera locations may be determined; and\n\t(c)\tregulate the manner in which the time taken for a vehicle to travel between 2 average speed camera locations may be determined (and may, for example, identify the point at which a vehicle will be taken to have commenced or ended a journey between 2 such locations for that purpose).\naverage speed camera means a photographic detection device of a kind prescribed by regulation as an average speed camera and average speed camera evidence means evidence obtained through the operation of such a device;\naverage speed camera location means a location, specified in a notice under subsection (3), at which vehicles may be photographed by an average speed camera in accordance with any requirements prescribed by regulation;\nfastest practicable route means a route by road specified in a notice under subsection (3) as the fastest practicable route that runs between 2 average speed camera locations specified in the notice;\nprescribed road law speeding offence means a road law offence defined by the regulations as a road law speeding offence;\nshortest distance, between 2 average speed camera locations, means the distance specified in a notice under subsection (3) as the shortest distance that a vehicle could travel along the route specified in the notice as the fastest practicable route between the 2 locations.\n175B—Evidence relating to use of devices in or on vehicles\n\t(1)\tThis section applies to the following:\n\t(a)\ta device use offence;\n\t(b)\tan offence against section 79B constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a prescribed photographic detection device to have been involved in the commission of a device use offence.\n\t(2)\tEvidentiary provisions—\n\t(a)\trelating to evidence obtained through the operation of a prescribed photographic detection device; and\n\t(b)\tfacilitating proof of the commission of an offence to which this section applies,\n(including presumptions that may be rebutted by the defendant), may be prescribed by regulation or rule under this section.\n\t(3)\tNothing in this section derogates from any other power under this Act to prescribe evidentiary provisions to facilitate proof of offences.\n\t(4)\tIn this section—\ndevice use offence means a prescribed offence within the meaning of section 79B relating to the use of a device in or on a vehicle that is prescribed by the regulations as a device use offence for the purposes of this section;\nprescribed photographic detection device means a photographic detection device prescribed by the regulations for the purposes of this section.\n176—Regulations, rules and fee notices\n\t(1)\tThe Governor may make such regulations and rules as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(1a)\tThe regulations or rules may—\n\t(a)\tprovide defences for persons charged with offences; and\n\t(b)\tconfer on police officers or persons of a specified class power to give directions (including directions requiring action inconsistent with other requirements under this Act) or any other power for the safe and efficient regulation of traffic; and\n\t(c)\tempower councils to fix (or vary) fees for the parking of vehicles within their areas, being fees payable by the operation of parking ticket‑vending machines, parking meters, electronic devices (including mobile phones, tablets or any other device of a prescribed kind) or by any electronic method determined by the council; and\n\t(d)\tprovide for the granting of parking permits by councils, subject to such conditions or restrictions and on the payment of such fees as they think fit; and\n\t(e)\tprescribe exemptions (which may be conditional or unconditional) from any provision of this Act; and\n\t(f)\tprovide for the granting (and variation and revocation) of exemptions by the Minister, subject to such conditions as the Minister thinks fit, from any provision of this Act; and\n\t(g)\tprescribe and provide for the payment of fees in respect of specified matters (including fees for vehicle inspections for the purposes of this or any other Act); and\n\t(ga)\tprovide for the waiver, reduction or remission of any prescribed fees; and\n\t(gb)\tapprove an apparatus of a specified kind as a photographic detection device, and prescribe requirements as to the operation and testing of such a device, for the purposes of this or any other Act; and\n\t(h)\tprescribe transitional provisions; and\n\t(i)\timpose penalties, not exceeding $5 000, for offences against the regulations or rules; and\n\t(j)\tfix expiation fees, not exceeding $2 500, for alleged offences against this Act.\n\t(3)\tFor the purpose of enabling traffic experiments to be conducted, the Governor may make regulations or rules—\n\t(a)\tsuspending or amending any of the provisions of this Act;\n\t(b)\tprescribing duties of road users different from, or in substitution for, any provisions so suspended and any other duties of road users, or other matters which it is necessary or convenient to prescribe, for the purpose of testing experimental traffic rules or schemes of traffic control.\nAny regulations or rules suspending or amending any provisions of this Act must provide that the suspension or amendment will cease to operate on a day specified in the regulations or rules and being not later than six months from the day when the suspension or amendment takes effect, but the Governor may, by additional regulations or rules, extend the period of operation of any suspension or amendment for any period not exceeding three months for any one extension.\n\t(4)\tA discretionary power may be conferred on the Minister or any other person or body of persons by regulation or rule made under this Act.\n\t(4aa)\tRegulations or rules may be of general or limited application or vary in their application according to times, circumstances or matters in relation to which they are expressed to apply.\n\t(4a)\tThe regulations or rules may impose a requirement, or make other provision, by reference to traffic control devices from time to time on, above or near roads.\n\t(5)\tThe regulations or rules may impose a requirement, or make other provision, by reference to a specified standard, code or specification, as in force at a specified time, or as in force from time to time.\n\t(5a)\tIf the regulations or rules make some provision by reference to a standard, code or specification—\n\t(a)\ta copy of the standard, code or specification must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices determined by the Minister; and\n\t(b)\tin any legal proceedings, evidence of the contents of the standard, code or specification may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the standard, code or specification.\n\t(5b)\tThe regulations or rules may include evidentiary provisions to facilitate proof of breaches of the regulations or rules for the purposes of proceedings for offences against the Act or the regulations or rules.\n\t(7)\tSubsections (1a) and (4) to (5b) apply to any regulations or rules under this Act (whether made under this section or another section of this Act).\n\t(8)\tThe matters about which regulations or rules may be made under this section are not limited by, and may include, specified matters about which regulations or rules may be made under another section of this Act.\n\t(9)\tThe Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.\n177—Inconsistency of by-laws\nIf a by-law made by a council is inconsistent with this Act or a regulation or rule made under this Act, this Act or the regulation or rule prevails and the by-law is, to the extent of the inconsistency, invalid.\nSchedule 1—Oral fluid and blood sample processes\n1—Interpretation\nIn this Schedule—\napproved courier means a person approved by the Commissioner of Police as a courier for the purposes of this Schedule;\nforensic material means any human material from which the person from whom the material was taken could be identified.\n1A—Approval of couriers\nThe Commissioner of Police may, by notice in the Gazette—\n\t(a)\tapprove a person as a courier for the purposes of this Schedule; or\n\t(b)\trevoke an approval under paragraph (a).\nPart 2—Processes relating to blood samples under Part 3 Division 5\n2—Blood sample processes generally\nThe following provisions apply if a sample of blood is taken under Part 3 Division 5:\n\t(a)\ta medical practitioner or registered nurse by whom a sample of blood is taken must—\n\t(i)\tplace the sample of blood, in approximately equal proportions, in 2 separate containers marked with an identification number distinguishing the sample from other samples of blood and seal the containers; and\n\t(ii)\tgive to the person from whom the sample was taken, or (in the case of a sample taken under section 47I) leave with the person's personal effects at the hospital, a notice in writing—\n\t(A)\tadvising that the sample has been taken under the relevant section; and\n\t(B)\tadvising that a container containing part of the sample and marked with the identification number specified in the notice will be available for collection by or on behalf of the person at a specified place; and\n\t(C)\tcontaining any other information prescribed by the regulations; and\n\t(iii)\tcomplete and sign a certificate containing the information required under paragraph (d); and\n\t(iv)\tmake the containers and the certificate available to a police officer;\n\t(b)\teach container must contain a sufficient quantity of blood to enable an analysis to be made of the concentration of alcohol present in the blood or of the presence of a prescribed drug in the blood;\n\t(c)\tit is the duty of the medical practitioner or registered nurse by whom the sample is taken to take such measures as are reasonably practicable in the circumstances to ensure that the blood is not adulterated and does not deteriorate so as to prevent a proper analysis of the concentration of alcohol present in the blood, or the presence of a prescribed drug in the blood;\n\t(d)\tthe certificate referred to in paragraph (a) must state—\n\t(i)\tthe identification number of the sample marked on the containers referred to in that paragraph; and\n\t(ii)\tthe name and address of the person from whom the sample was taken; and\n\t(iii)\tthe name of the medical practitioner or registered nurse by whom the sample was taken; and\n\t(iv)\tthe date, time and place at which the sample was taken; and\n\t(v)\tthat the medical practitioner or registered nurse gave the notice referred to in that paragraph to the person from whom the sample was taken, or, as the case may be, left the notice with the person's personal effects;\n\t(e)\tone of the containers containing the sample must—\n\t(i)\tas soon as reasonably practicable be taken by a police officer or an approved courier to the place specified in the notice given to the person or left with the person's personal effects under paragraph (a); and\n\t(ii)\tbe kept available at that place for collection by or on behalf of the person for the period prescribed by the regulations;\n\t(f)\tafter analysis of the sample in a container made available to a police officer in accordance with paragraph (a), the analyst who performed or supervised the analysis must sign a certificate containing the following information:\n\t(i)\tthe identification number of the sample marked on the container;\n\t(ii)\tthe name and professional qualifications of the analyst;\n\t(iii)\tthe date on which the sample was received in the laboratory in which the analysis was performed;\n\t(iv)\tthe concentration of alcohol or other drug found to be present in the blood;\n\t(v)\tany factors relating to the sample or the analysis that might, in the opinion of the analyst, adversely affect the accuracy or validity of the analysis;\n\t(vi)\tany other information relating to the sample or analysis or both that the analyst thinks fit to include;\n\t(g)\ton completion of an analysis of a sample—\n\t(i)\tthe certificate of the medical practitioner or registered nurse by whom the sample was taken and the certificate of the analyst who performed or supervised the analysis must be retained on behalf of—\n\t(A)\tthe Minister; and\n\t(B)\tthe medical practitioner or registered nurse by whom the sample was taken; and\n\t(ii)\tcopies of the certificates referred to in paragraph (g)(i) must be sent to—\n\t(A)\tthe Commissioner of Police; and\n\t(B)\tthe person from whom the sample was taken or, if the person is dead, a relative or personal representative of the deceased;\n\t(h)\tif the whereabouts of the person from whom the sample is taken, or (that person being dead) the identity or whereabouts of a relative or personal representative of the deceased, is unknown, there is no obligation to comply with paragraph (g)(ii)(B) but copies of the certificates must, on application made within 3 years after completion of the analysis, be furnished to any person to whom they should, but for this paragraph, have been sent.\n4—Police officer to be present when blood sample taken\nThe taking of a sample of blood under section 47E(4a), 47EAA(2) or 47EAA(11) must be in the presence of a police officer.\n5—Cost of blood tests under certain sections\nThe taking of a sample of blood under section 47E(4a), 47EAA(2), 47EAA(11) or 47I must be at the expense of the Crown.\n6—Provisions relating to medical practitioners etc\n\t(1)\tNo proceedings lie against a medical practitioner or registered nurse in respect of anything done in good faith and in compliance, or purported compliance, with the provisions of this Act.\n\t(2)\tA medical practitioner or registered nurse must not take a sample of a person's blood under this Act if, in the opinion of the medical practitioner or registered nurse, it would be injurious to the medical condition of the person to do so.\n\t(3)\tA medical practitioner or registered nurse is not obliged to take a sample of a person's blood under this Act if the person objects to the taking of the sample of blood and persists in that objection after the medical practitioner or registered nurse has informed the person that, unless the objection is made on genuine medical grounds, it may constitute an offence against this Act.\n\t(4)\tA medical practitioner who fails, without reasonable excuse, to comply with a provision of, or to perform any duty arising under, section 47I is guilty of an offence.\n\t(5)\tNo proceedings can be commenced against a medical practitioner for an offence against subclause (4) unless those proceedings have been authorised by the Attorney‑General.\n\t(6)\tAn apparently genuine document purporting to be signed by the Attorney-General and to authorise proceedings against a medical practitioner for an offence under subclause (4) must, in the absence of proof to the contrary, be accepted by any court as proof that those proceedings have been authorised by the Attorney‑General.\nPart 3—Processes relating to oral fluid samples under section 47EAA\n7—Oral fluid sample processes\nThe following provisions apply if a sample of oral fluid is taken under section 47EAA(2):\n\t(a)\tthe police officer who takes a sample of oral fluid for the purposes of an oral fluid analysis must—\n\t(i)\tplace the sample of oral fluid (and any reagent or other substance required by the regulations to be added to the sample) in approximately equal proportions, in 2 separate containers marked with an identification number distinguishing the sample from other samples of oral fluid and seal the containers; and\n\t(ii)\tgive to the person from whom the sample was taken a notice in writing—\n\t(A)\tadvising that the sample has been taken under section 47EAA(2); and\n\t(B)\tadvising that a container containing part of the sample and marked with the identification number specified in the notice will be available for collection by or on behalf of the person at a specified place; and\n\t(C)\tcontaining any other information prescribed by the regulations; and\n\t(iii)\tcomplete and sign a certificate containing the information required under paragraph (d);\n\t(b)\teach container must contain a sufficient quantity of oral fluid to enable an analysis to be made of the presence of a prescribed drug in the oral fluid;\n\t(c)\tit is the duty of the police officer who takes the sample of oral fluid for the purposes of the oral fluid analysis to take such measures as are reasonably practicable in the circumstances to ensure that the sample is not adulterated (other than as required under paragraph (a)) and does not deteriorate so as to prevent a proper analysis of the presence of a prescribed drug in the oral fluid;\n\t(d)\tthe certificate referred to in paragraph (a) must state—\n\t(i)\tthe identification number of the sample marked on the containers referred to in that paragraph; and\n\t(ii)\tthe name and address of the person from whom the sample was taken; and\n\t(iii)\tthe identification number of the police officer by whom the sample was taken; and\n\t(iv)\tthe date, time and place at which the sample was taken; and\n\t(v)\tthat the police officer gave the notice referred to in that paragraph to the person from whom the sample was taken;\n\t(e)\tone of the containers containing the sample must—\n\t(i)\tas soon as reasonably practicable be taken by a police officer or an approved courier to the place specified in the notice given to the person under paragraph (a); and\n\t(ii)\tbe kept available at that place for collection by or on behalf of the person for the period prescribed by the regulations;\n\t(f)\tafter analysis of the sample in a container referred to in paragraph (a), the analyst who performed or supervised the analysis must sign a certificate containing the following information:\n\t(i)\tthe identification number of the sample marked on the container;\n\t(ii)\tthe name and professional qualifications of the analyst;\n\t(iii)\tthe date on which the sample was received in the laboratory in which the analysis was performed;\n\t(iv)\tthe information required by the regulations in relation to any prescribed drug or drugs found to be present in the sample;\n\t(v)\tany factors relating to the sample or the analysis that might, in the opinion of the analyst, adversely affect the accuracy or validity of the analysis;\n\t(vi)\tany other information relating to the sample or analysis or both that the analyst thinks fit to include;\n\t(g)\ton completion of an analysis of a sample, the certificate of the analyst who performed or supervised the analysis must be retained on behalf of the Minister and copies of the certificates must be sent—\n\t(i)\tto the Commissioner of Police; and\n\t(ii)\tto the person from whom the sample was taken or, if the person is dead, a relative or personal representative of the deceased;\n\t(h)\tif the whereabouts of the person from whom the sample is taken, or (that person being dead) the identity or whereabouts of a relative or personal representative of the deceased is unknown, there is no obligation to comply with paragraph (g)(ii) but copies of the certificates must, on application made within 3 years after completion of the analysis, be furnished to any person to whom they should, but for this paragraph, have been sent.\nPart 4—Other provisions relating to oral fluid or blood samples under Part 3 Division 5\n8—Oral fluid or blood sample or results of analysis etc not to be used for other purposes\n\t(1)\tA sample of oral fluid or blood taken under section 47E, 47EAA or 47I (and any other forensic material taken incidentally during a drug screening test, oral fluid analysis or blood test) must not be used except—\n\t(a)\tfor a purpose contemplated by this Act (including for the purpose of civil proceedings of a kind referred to in subclause (2)(b)); or\n\t(b)\tfor research for prescribed purposes relating to drugs (whether prescribed drugs (as defined in section 47A) or other drugs) present in the oral fluid or blood of drivers, provided that—\n\t(i)\tthe research may only be released, disclosed or used in a manner such that personal information from any sample used in the research is de‑identified so that the information is no longer about an identifiable person; and\n\t(ii)\tDNA analysis of a sample is not conducted.\n\t(2)\tThe results of a drug screening test, oral fluid analysis or blood test under Part 3 Division 5, an admission or statement made by a person relating to such a drug screening test, oral fluid analysis or blood test, or any evidence taken in proceedings relating to such a drug screening test, oral fluid analysis or blood test (or transcript of such evidence) will not be admissible in evidence against the person who submitted to the drug screening test, oral fluid analysis or blood test in any proceedings other than—\n\t(a)\tproceedings for—\n\t(i)\tan offence against this Act; or\n\t(ii)\tan offence against the Motor Vehicles Act 1959; or\n\t(iii)\ta driving‑related offence; or\n\t(iv)\tan offence against the Controlled Substances Act 1984; or\n\t(b)\tif the test or analysis occurred in connection with the person's involvement in an accident—civil proceedings in connection with death or bodily injury caused by or arising out of the use of a motor vehicle involved in the accident (including proceedings under section 116 or 124A of the Motor Vehicles Act 1959 for the recovery from the person of money paid or costs incurred by the nominal defendant or an insurer).\n\t(3)\tIn this clause—\ndeath or bodily injury caused by or arising out of the use of a motor vehicle—death or bodily injury will be regarded as being caused by or arising out of the use of a motor vehicle if the death or bodily injury is regarded as being caused by or arising out of the use of a motor vehicle for the purposes of Part 4 and Schedule 4 of the Motor Vehicles Act 1959;\nnominal defendant has the same meaning as in Part 4 of the Motor Vehicles Act 1959;\nproceedings for a driving-related offence means proceedings for an offence where the conduct with which the defendant is charged involves driving a vehicle.\n9—Destruction of oral fluid or blood sample taken under Part 3 Division 5\nThe Commissioner of Police must ensure that a sample of oral fluid or blood taken under Part 3 Division 5 (and any other forensic material taken incidentally during a drug screening test, oral fluid analysis or blood test) is destroyed—\n\t(a)\tif proceedings for an offence of a kind referred to in clause 8(2)(a) based on evidence of the results of analysis of the sample are not commenced within the period allowed; or\n\t(b)\tif such proceedings are commenced within the period allowed—when the proceedings (including any proceedings on appeal) are finally determined or discontinued.\nLegislative history\nNotes\n\t•\tThis version is comprised of the following:\n1.1.2026\nSchedule 1\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Road Traffic Act 1961 repealed the following:\nRoad Traffic Act 1934\nRoad Traffic Act Amendment Act 1936\nRoad Traffic Act Amendment Act 1938\nRoad Traffic Act Amendment Act 1939\nRoad Traffic Act Amendment Act (No. 2) 1939\nRoad Traffic Act Amendment Act (No. 3) 1939\nRoad Traffic Act Amendment Act 1940\nRoad Traffic Act Amendment Act 1941\nRoad Traffic Act Amendment Act (No. 2) 1941\nRoad Traffic Act Amendment Act 1942\nRoad Traffic Act Amendment Act (No. 2) 1942\nRoad Traffic Act Amendment Act 1943\nRoad Traffic Act Amendment Act 1944\nRoad Traffic Act Amendment Act (No. 2) 1944\nRoad Traffic Act Amendment Act 1945\nRoad Traffic Act Amendment Act (No. 2) 1945\nRoad Traffic Act Amendment Act 1946\nRoad Traffic Act Amendment Act 1947\nRoad Traffic Act Amendment Act (No. 2) 1947\nRoad Traffic Act Amendment Act 1948\nRoad Traffic Act Amendment Act 1950\nRoad Traffic Act Amendment Act 1951\nRoad Traffic Act Amendment Act 1952\nRoad Traffic Act Amendment Act (No. 1) 1953\nRoad Traffic Act Amendment Act (No. 2) 1953\nRoad Traffic Act Amendment Act 1954\nRoad Traffic Act Amendment Act 1955\nRoad Traffic Act Amendment Act (No. 2) 1955\nRoad Traffic Act Amendment Act 1956\nRoad Traffic Act Amendment Act 1957\nRoad Traffic Act Amendment Act 1958\nRoad Traffic Act Amendment Act 1959\nRoad Traffic Board Act 1960\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Road Traffic Act 1961\n16.11.1961\n16.11.1961: s 2(1) except ss 4—177 & Schs—30.8.1962 (Gazette 30.8.1962 p493)\n Road Traffic Act Amendment Act (No. 2) 1963\n28.11.1963\n28.11.1963\n Road Traffic Act Amendment Act 1963\n12.12.1963\n12.12.1963\n Road Traffic Act Amendment Act 1964\n15.10.1964\n15.10.1964\n Road Traffic Act Amendment Act (No. 2) 1964\n5.11.1964\n5.11.1964\n Road Traffic Act Amendment Act 1966\n24.2.1966\n24.2.1966\n Road Traffic Act Amendment Act (No. 2) 1966\n18.8.1966\n18.8.1966\n Road Traffic Act Amendment Act (No. 3) 1967\n13.4.1967\n13.4.1967\n Road Traffic Act Amendment Act (No. 2) 1967\n12.10.1967\n23.11.1967 (Gazette 23.11.1967 p2269)\n Road Traffic Act Amendment Act 1969\n18.12.1969\n8.1.1970 (Gazette 8.1.1970 p2)\n Road Traffic Act Amendment Act 1971\n11.11.1971\n11.11.1971\n Road Traffic Act Amendment Act 1972\n7.9.1972\n1.1.1973 (Gazette 21.12.1972 p2723)\n Road Traffic Act Amendment Act (No. 2) 1972\n7.12.1972\n1.8.1973 (Gazette 19.7.1973 p286)\n Road Traffic Act Amendment Act 1973\n13.12.1973\n1.7.1974 (Gazette 13.6.1974 p2330)\n Road Traffic Act Amendment Act 1974\n21.3.1974\n1.7.1974: s 2\n Road Traffic Act Amendment Act (No. 2) 1974\n8.8.1974\n8.8.1974\n Road Traffic Act Amendment Act (No. 3) 1974\n24.10.1974\n1.2.1975 (Gazette 19.12.1974 p3766)\n Statute Law Revision Act (No. 2) 1974\n21.11.1974\n21.11.1974\n Road Traffic Act Amendment Act (No. 5) 1974\n Road Traffic Act Amendment Act (No. 6) 1974\n1.3.1975 (Gazette 13.2.1975 p506)\n Road Traffic Act Amendment Act (No. 2) 1975\n20.3.1975\n1.3.1975: s 2\n Road Traffic Act Amendment Act 1975\n27.3.1975\n1.1.1976 (Gazette 11.12.1975 p3137)\n Road Traffic Act Amendment Act (No. 3) 1975\n3.4.1975\n3.4.1975\n Road Traffic Act Amendment Act 1976\n Road Traffic Act Amendment Act (No. 2) 1976\n Road Traffic Act Amendment Act (No. 3) 1976\n16.12.1976\n1.3.1977 (Gazette 3.2.1977 p274)\n Road Traffic Act Amendment Act 1979\n15.3.1979\n1.4.1979 (Gazette 29.3.1979 p834)\n Road Traffic Act Amendment Act (No. 2) 1979\n15.3.1979\n1.7.1979 (Gazette 24.5.1979 p1498)\n Road Traffic Act Amendment Act 1980\n17.4.1980\n1.6.1980 (Gazette 22.5.1980 p1372)\n Road Traffic Act Amendment Act (No. 2) 1980\n17.4.1980\n1.6.1980 (Gazette 22.5.1980 p1372)\n Road Traffic Act Amendment Act (No. 3) 1980\n18.12.1980\n1.3.1981 (Gazette 22.1.1981 p170)\n Road Traffic Act Amendment Act 1981\n19.3.1981 (Gazette 19.3.1981 p745)\n Road Traffic Act Amendment Act (No. 2) 1981\n Road Traffic Act Amendment Act (No. 3) 1981\n18.6.1981 (Gazette 18.6.1981 p1840)\n Road Traffic Act Amendment Act (No. 4) 1981\n Road Traffic Act Amendment Act (No. 5) 1981\n7.1.1982 (Gazette 7.1.1982 p4)\n Road Traffic Act Amendment Act 1982 repealed by 25/1989\n1.7.1982\nrepealed by 25/1989 without coming into operation\n Road Traffic Act Amendment Act (No. 2) 1982\n14.10.1982\n5.7.1984 (Gazette 5.7.1984 p2) except ss 3—8 & 10—1.7.1985 (Gazette 20.6.1985 p2182)\n Road Traffic Act Amendment Act 1984\n3.5.1984\n5.7.1984 (Gazette 5.7.1984 p2)\n Road Traffic Act Amendment Act (No. 2) 1984\n10.5.1984\n17.6.1984 (Gazette 14.6.1984 p1567)\n Statute Law Revision Act 1984\n24.5.1984\nSch 5—1.1.1985 (Gazette 13.12.1984 p1811)\n Road Traffic Act Amendment Act (No. 3) 1984\n29.11.1984\n1.1.1985 (Gazette 20.12.1984 p1883)\n Road Traffic Act Amendment Act 1985\n30.5.1985\n1.7.1985 (Gazette 20.6.1985 p2182) except s 10—uncommenced\n Road Traffic Act Amendment Act (No. 2) 1985\n Road Traffic Act Amendment Act (No. 3) 1985\n19.9.1985\n2.12.1985 (Gazette 21.11.1985 p1542)\n Road Traffic Act Amendment Act 1986\n20.3.1986\n1.7.1986 (Gazette 26.6.1986 p1636)\n Road Traffic Act Amendment Act (No. 2) 1986\n11.9.1986\n1.12.1986 (Gazette 30.10.1986 p1483)\n Road Traffic Act Amendment Act (No. 4) 1986\n2.10.1986\n1.1.1987 (Gazette 20.11.1986 p1638)\n Road Traffic Act Amendment Act (No. 3) 1986\n4.12.1986\n18.12.1986 (Gazette 18.12.1986 p1876)\n Road Traffic Act Amendment Act 1987\n12.3.1987\n1.7.1988 (Gazette 30.6.1988 p2050)\n Road Traffic Act Amendment Act (No. 2) 1987\n Road Traffic Act Amendment Act (No. 3) 1987\n17.12.1987\n1.7.1988 (Gazette 30.6.1988 p2051)\n Road Traffic Act Amendment Act 1988\n7.4.1988\n1.7.1988: s 2\n Road Traffic Act Amendment Act (No. 2) 1988\n14.4.1988\n26.5.1988 (Gazette 26.5.1988 p1332)\n Statutes Amendment and Repeal (Sentencing) Act 1988\n5.5.1988\nPt 10 (ss 70—76)—1.1.1989 (Gazette 15.12.1988 p2009)\n Road Traffic Act Amendment Act (No. 3) 1988\n24.11.1988\n1.1.1989 (Gazette 15.12.1988 p2004)\n Road Traffic Act Amendment Act 1989\n27.4.1989\n1.7.1989 (Gazette 29.6.1989 p1756)\n Road Traffic Act Amendment Act (No. 2) 1989\n4.5.1989\n14.8.1989 (Gazette 27.7.1989 p182)\n Road Traffic Act Amendment Act (No. 3) 1989\n26.10.1989\n28.3.1990 (Gazette 8.3.1990 p659)\n Road Traffic Act Amendment Act 1990\n Road Traffic Act Amendment Act (No. 2) 1990\n22.11.1990: s 2(2) except ss 3, 4, 6—10 & 12—1.1.1991 (Gazette 20.12.1990 p1844) and except s 11—29.4.1993 (Gazette 29.4.1993 p1476)\n Road Traffic (Alcohol, Speed and Helmets) Amendment Act 1991\n28.3.1991\n1.7.1991 (Gazette 9.5.1991 p1484)\n Road Traffic (Coin-operated Breath Machines) Amendment Act 1991\n Road Traffic (Safety Helmet Exemption) Amendment Act 1991\n Motor Vehicles (Licences and Demerit Points) Amendment Act 1992\n5.3.1992\n1.6.1992 (Gazette 28.5.1992 p1512)\n Road Traffic (Prescribed Vehicles) Amendment Act 1992\n26.3.1992\n1.6.1992 (Gazette 30.4.1992 p1278)\n Statutes Amendment (Illegal Use of Motor Vehicles) Act 1992\n21.5.1992\n6.7.1992 (Gazette 2.7.1992 p209)\n Road Traffic (Pedal Cycles) Amendment Act 1993\n25.3.1993\n30.4.1993 (Gazette 29.4.1993 p1476)\n Road Traffic (Miscellaneous) Amendment Act 1993\n13.5.1993\n4.11.1993 (Gazette 4.11.1993 p2176)\n Road Traffic (Breath Analysis) Amendment Act 1993\n27.10.1993\n1.2.1994 (Gazette 20.1.1994 p76)\n Passenger Transport Act 1994\n26.5.1994\nSch 4 (cl 2(b)(i)—(vi))—1.7.1994 (Gazette 30.6.1994 p1843) except cl 2(b)(vii)—(xi)—1.8.1994 (Gazette 28.7.1994 p170)\n Road Traffic (Miscellaneous) Amendment Act 1994\n15.12.1994\n5.1.1995 (Gazette 5.1.1995 p5)\n Road Traffic (Small-Wheeled Vehicles) Amendment Act 1995\n10.8.1995\n1.2.1996 (Gazette 7.12.1995 p1556)\n Statutes Amendment (Drink Driving) Act 1995\n7.12.1995\nPt 4 (ss 13—16)—4.4.1996 except s 17—18.4.1996 (Gazette 4.4.1996 p1886)\n Road Traffic (Directions at Level Crossings) Amendment Act 1996\n Road Traffic (Exemption of Traffic Law Enforcement Vehicles) Amendment Act 1996\n Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996\nSch (cl 30)—3.2.1997 (Gazette 19.12.1996 p1923)\n Motor Vehicles (Trade Plates) Amendment Act 1996\n15.8.1996\nSch—17.11.1997 (Gazette 13.11.1997 p1280)\n Road Traffic (Miscellaneous) Amendment Act 1996\n15.8.1996\n6.11.1997 (Gazette 6.11.1997 p1164)\n Road Traffic (Inspection) Amendment Act 1996\n19.12.1996\n1.7.1997 (Gazette 26.6.1997 p3051)\n Road Traffic (U-Turns at Traffic Lights) Amendment Act 1997\n Motor Vehicles (Farm Implements and Machines) Amendment Act 1997\n31.7.1997\ns 8—15.1.1998 (Gazette 8.1.1998 p4)\n Road Traffic (Expressways) Amendment Act 1997\n31.7.1997\n11.12.1997 (Gazette 11.12.1997 p1601)\n Road Traffic (Speed Zones) Amendment Act 1997\n18.12.1997\n5.2.1998 (Gazette 5.2.1998 p862)\n Road Traffic (School Zones) Amendment Act 1998\n2.4.1998\n20.7.1998 (Gazette 16.7.1998 p122)\n Road Traffic (Vehicle Identifiers) Amendment Act 1998\n2.4.1998\n6.9.1999 (Gazette 26.8.1999 p955)\n Road Traffic (Miscellaneous) Amendment Act 1998 as amended by 28/2000\n3.9.1998 except s 4—22.10.1998 (Gazette 22.10.1998 p1170) and except s 5—27.5.1999 (Gazette 27.5.1999 p2657) and except ss 6 & 7 which were deleted by 28/2000 without coming into operation\n Road Traffic (Road Events) Amendment Act 1998\n17.12.1998\n14.1.1999 (Gazette 14.1.1999 p378)\n Road Traffic (Proof of Accuracy of Devices) Amendment Act 1999\n Road Traffic (Miscellaneous) Amendment Act 1999\n1.4.1999\n1.12.1999 (Gazette 25.11.1999 p2436)\n Road Traffic (Driving Hours) Amendment Act 1999\n24.6.1999\n1.11.1999 (Gazette 23.9.1999 p1208)\n Road Traffic (Road Rules) Amendment Act 1999\n5.8.1999\n1.12.1999 (Gazette 11.11.1999 p2254)\n Motor Vehicles (Miscellaneous) Amendment Act 1999\n12.8.1999\ns 96—9.7.2001 (Gazette 5.7.2001 p2536)\n Motor Vehicles (Heavy Vehicles Speeding Control Scheme) Amendment Act 1999\n18.11.1999\ns 5—9.7.2001 (Gazette 5.7.2001 p2536)\n Road Traffic (Miscellaneous) Amendment Act 2000\n20.4.2000\n15.8.2000 (Gazette 3.8.2000 p360)\n Road Traffic (Red Light Camera Offences) Amendment Act 2000\n29.6.2000\n31.8.2000 (Gazette 24.8.2000 p592) except s 3—29.6.2002 (s 7(5) Acts Interpretation Act 1915)\n Road Traffic (Alcohol Interlock Scheme) Amendment Act 2000\n21.12.2000\nss 1—7 & 9—16.7.2001 (Gazette 12.7.2001 p2594)\n Statutes Amendment (Transport Portfolio) Act 2001\n17.5.2001\nPt  4 (ss 24 & 25)—9.7.2001 (Gazette 5.7.2001 p2536) except ss 17—23 & 26—27.5.2002 (Gazette 23.5.2002 p1928) and except s 16—1.12.2002 (Gazette 21.11.2002 p4225)\n Criminal Law Consolidation (Offences of Dishonesty) Amendment Act 2002\n31.10.2002\nSch 3 (cl 6)—5.7.2003 (Gazette 15.5.2003 p1979)\n Statutes Amendment (Transport Portfolio) Act 2002\n28.11.2002\nPt 4 (ss 16 & 17)—3.7.2003 (Gazette 3.7.2003 p2877)\n Statutes Amendment (Road Safety Reforms) Act 2003\n12.6.2003\nPt 4 (ss 24 & 26)—19.9.2003 (Gazette 18.9.2003 p3600) except ss 21—23, 25, 27—34—15.12.2003 (Gazette 11.12.2003 p4431)\n Coroners Act 2003\n31.7.2003\nSch (cl 17)—1.7.2005 (Gazette 23.6.2005 p1899) \n Statutes Amendment (Expiation of Offences) Act 2003\n4.12.2003\nPt 3 (ss 10 & 11)—4.12.2005 (s 7(5) Acts Interpretation Act 1915) \n Passenger Transport (Dissolution of Passenger Transport Board) Amendment Act 2003\n4.12.2003\nSch 1 (cll 2 & 3)—1.1.2004 (Gazette 18.12.2003 p4525)\n Statutes Amendment (Misuse of Motor Vehicles) Act 2004\n16.12.2004\nPt 2 (ss 4 & 5)—7.2.2005 (Gazette 20.1.2005 p260) \n Statutes Amendment (Drink Driving) Act 2005\n14.4.2005\nPt 3 (ss 6—11)—1.6.2005 (Gazette 26.5.2005 p1365) except ss 12 & 13—1.12.2005 (Gazette 10.11.2005 p3927)\n Motor Vehicles (Licences and Learner's Permits) Amendment Act 2005\n21.4.2005\nSch 1 (cll 1 & 2)—31.10.2005 (Gazette 13.10.2005 p3698)\n Road Traffic (Excessive Speed) Amendment Act 2005\n9.6.2005\nPt 2 (ss 4—7)—1.12.2005 (Gazette 10.11.2005 p3926)\n Statutes Amendment (Transport Portfolio) Act 2005\n27.10.2005\nPt 4 (ss 7—13)—17.11.2005 (Gazette 17.11.2005 p3973)\n Road Traffic (Drug Driving) Amendment Act 2005\n8.12.2005\nPt 2 (ss 4—18) & Pt 3 (s 19)—1.7.2006 (Gazette 8.6.2006 p1600)\n Statutes Amendment (Vehicle and Vessel Offences) Act 2005\n8.12.2005\nPt 5 (ss 18—26)—30.7.2006 (Gazette 27.7.2006 p2400)\n Statutes Amendment (Road Transport Compliance and Enforcement) Act 2006\n29.6.2006\nPt 2 (s 4)—1.7.2006 (Gazette 29.6.2006 p2101) and Pt 3 (ss 5—45)—30.4.2007 (Gazette 26.4.2007 p1353)\n Road Traffic (Notices of Licence Disqualification or Suspension) Amendment Act 2006\n Statutes Amendment (Domestic Partners) Act 2006\nPt 77 (s 190)—1.6.2007 (Gazette 26.4.2007 p1352)\n Road Traffic (Heavy Vehicle Driver Fatigue) Amendment Act 2008\n26.6.2008\n29.9.2008 (Gazette 11.9.2008 p4302)\n Statutes Amendment (Transport Portfolio) Act 2008\n26.6.2008\nPt 5 (ss 26, 27 & 29—33)—25.9.2008 (Gazette 18.9.2008 p4504); s 28—1.6.2009 (Gazette 30.4.2009 p1543)\n Statutes Amendment (Transport Portfolio—Alcohol and Drugs) Act 2009\n12.3.2009\nPt 5 (ss 28, 29(1), 30, 31(5), 33(1), 34(1), (2), 35(3) & 39)—1.5.2009 (Gazette 9.4.2009 p1349); ss 29(2), 31(1)—(4), (6), (7), 32, 33(2), 34(3), 35(1), (2), (4), 37, 38 & 40)—1.2.2010 (Gazette 10.12.2009 p6169); s 36—12.3.2011 (Gazette 27.1.2011 p292)\n Road Traffic (Miscellaneous) Amendment Act 2009\n1.10.2009\n5.11.2009 (Gazette 5.11.2009 p5092)\n Motor Vehicles (Miscellaneous No 2) Amendment Act 2009\n10.12.2009\nSch 1 (cl 1)—4.9.2010 (Gazette 24.6.2010 p3155)\n Health Practitioner Regulation National Law (South Australia) Act 2010\nSch 1 (cl 26)—1.7.2010 (Gazette 1.7.2010 p3338)\n Statutes Amendment (Driving Offences) Act 2010\n14.10.2010\nPt 3 (ss 8—10)—21.8.2011 (Gazette 18.8.2011 p3490)\n Statutes Amendment (Budget 2010) Act 2010\n18.11.2010\nPt 13 (ss 86 & 87)—1.7.2011 (Gazette 29.4.2011 p1289)\n Road Traffic (Use of Test and Analysis Results) Amendment Act 2010\n Statutes Amendment (Transport Portfolio—Penalties) Act 2011\n12.5.2011\nPt 4 (ss 30—42)—30.6.2011 (Gazette 19.5.2011 p1508)\n Road Traffic (Red Light Offences) Amendment Act 2011\n8.12.2011\n22.3.2012 (Gazette 22.3.2012 p1039)\n Road Traffic (Average Speed) Amendment Act 2012\n7.6.2012\n1.1.2014 (Gazette 19.12.2013 p4926)\n Road Traffic (Emergency Service Speed Zones) Amendment Act 2013\n27.6.2013\n1.9.2014 (Gazette 16.1.2014 p122)\n Statutes Amendment (Heavy Vehicle National Law) Act 2013\n1.8.2013\nPt 3 (ss 8, 9(1)—(3), (4) (except substitution of bus), (5)—(27), 10—78 & Sch 1)—10.2.2014 (Gazette 6.2.2014 p551); s 9(4) substitution of bus—uncommenced\n Statutes Amendment (Transport Portfolio) Act 2013\n21.11.2013\nPt 3 (ss 15 & 16)—16.1.2014 (Gazette 16.1.2014 p123)\n Statutes Amendment (Dangerous Driving) Act 2013\n5.12.2013\nPt 3 (s 6)—26.1.2014 (Gazette 23.1.2014 p344)\n Road Traffic (Issue of Free Tickets by Parking Ticket-Vending Machines) Amendment Act 2016\n Statutes Amendment and Repeal (Simplify) Act 2017\n15.3.2017\nPt 28 (s 102)—14.7.2017 (Gazette 22.6.2017 p2224)\n Road Traffic (Roadworks) Amendment Act 2017\n26.4.2017\n1.6.2018 (Gazette 19.12.2017 p5121)\n Statutes Amendment (Transport Online Transactions and Other Matters) Act 2017\n10.10.2017\nPt 5 (ss 34—41)—19.12.2017; Sch 1 (Pt 5)—20.3.2018 (Gazette 19.12.2017 p5122) (Amendments to s 83A(1) and (2) purportedly made by Sch 1 Pt 5 are of no effect because of other amendments.)\n Statutes Amendment (Sentencing) Act 2017\n28.11.2017\nPt 17 (s 27)—30.4.2018 (Gazette 6.2.2018 p612)\n Statutes Amendment (Vehicle Inspections and South Eastern Freeway Offences) Act 2017\n28.11.2017\nPt 3 (ss 12 to 14)—1.5.2019 (Gazette 21.3.2019 p928); s 11—21.11.2019 (Gazette 21.11.2019 p3928)\n Statutes Amendment (Drink and Drug Driving) Act 2017\n12.12.2017\nPt 5 (ss 19(4), 25(1), (7), 31(2), (3) & 33)—22.2.2018; ss 21(3), 25(5) & (6)—8.3.2018; ss 17, 18, 19(1) to (3), 20, 21(1), (2), 22 to 24, 25(2) to (4), 26 to 30, 31(1), (4) & 32—24.4.2018 (Gazette 13.2.2018 p732)\n(229)\n Health Practitioner Regulation National Law (South Australia) (Amendment of Law) (No 3) Regulations 2018 (Gazette 29.11.2018 p4077)\n—\nSch 1 (cl 5)—1.12.2018: r 2\n Road Traffic (Evidentiary Provisions) Amendment Act 2018\n Statutes Amendment (Budget Measures) Act 2019\nPt 3 (ss 13 to 15)—3.10.2019: s 2(1)\n Statutes Amendment and Repeal (Simplify) Act 2019\nPt 43 (s 87)—3.10.2021 (s 7(5) Acts Interpretation Act 1915)\n Statutes Amendment (South Eastern Freeway Offences) Act 2019\nPt 3 (ss 4 to 6) & Sch 1—6.12.2019\n Statutes Amendment (Licence Disqualification) Act 2020\n9.7.2020\nPt 3 (s 5)—30.11.2020 (Gazette 26.11.2020 p5372)\n Statutes Amendment (Transport Portfolio) Act 2021\n20.5.2021\nPt 8 (ss 46 to 55, 57 to 59 & 61 to 64)—12.12.2022 (Gazette 24.11.2022 p6688); ss 56 & 60—11.5.2023 (Gazette 11.5.2023 p929)\n Road Traffic (Drug Driving and Careless or Dangerous Driving) Amendment Act 2021\n9.12.2021\nPt 2 (ss 4 to 12)—13.2.2023 (Gazette 3.11.2022 p6549)\n Statutes Amendment (Use of Devices in Vehicles) Act 2022\n8.12.2022\nPt 3 (ss 5 to 7)—19.6.2024 (Gazette 6.6.2024 p1333)\n Statutes Amendment (Serious Vehicle and Vessel Offences) Act 2023\n13.7.2023\nPt 5 (ss 12 to 16)—1.1.2024 (Gazette 25.10.2023 p3602)\n Adelaide University Act 2023\n23.11.2023\nSch 1 (cl 5)—1.1.2026 (Gazette 30.10.2025 p4240)\n Statutes Amendment (Transport Portfolio) Act 2024\n24.10.2024\nPt 5 (s 18)—24.4.2025; s 19—19.5.2025 (Gazette 24.4.2025 p774); s 20—6.11.2025 (Gazette 5.11.2025 p4349); ss 15 to 17—uncommenced\n Motor Vehicles (Previous Offences) Amendment Act 2024\nSch 1 (cll 1, 2 & 5)—7.11.2024: s 2\nStatutes Amendment (Personal Mobility Devices) Act 2024\n21.11.2024\nPt 4 (ss 6 to 9)—13.7.2025 (Gazette 26.6.2025 p2059)\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 9 of The Public General Acts of South Australia 1837-1975 at page 592.\n\t•\tCertain textual alterations were made to this Act by the Commissioner of Statute Revision when preparing the reprint of the Act that incorporated all amendments in force as at 1 January 1985 and as at 16 January 1989. Schedules of these alterations were laid before Parliament on 12 February 1985 and 14 February 1989 respectively.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 35/2013 s 8\nPt 1\n\ns 2\n\ninserted by 39/1999 s 3\ns 3\ns 4\namended by 103/1976 s 3\n\namended by 24/1981 s 3\n\ndeleted in pursuance of the Acts Republication Act 1967\ns 5\n\ns 5(1)\ns 5 redesignated as s 5(1) by 103/1976 s 4(d)\naccident\ninserted by 8/2003 s 21(a)\nanimal\ndeleted by 39/1999 s 4(a)\napproved road transport compliance scheme\ninserted by 13/2006 s 5(1)\n\narea\narticulated motor vehicle\nsubstituted by 20/1999 s 3(a)\nassociate\n\nAustralian Authority\nAustralian police officer\n\nAustralian road law\nAustralian road law offence\nAustralian Road Rules\ninserted by 39/1999 s 4(b)\n\ndeleted by 38/2017 s 34(1)\nauthorised officer\ninserted by 13/2006 s 5(3)\n\nsubstituted by 35/2013 s 9(2)\naxle\namended by 103/1976 s 4(a)\n\nsubstituted by 25/1989 s 3(a)\n\nsubstituted by 20/1999 s 3(a)\naxle group\ninserted by 20/1999 s 3(a)\nbarrier line\nbase\ninserted by 13/2006 s 5(4)\n\ndeleted by 35/2013 s 9(3)\nbicycle\ninserted by 39/1999 s 4(c)\n\namended by 64/2013 s 15\n\namended by 38/2017 s 34(2), (3)\n\nsubstituted by 51/2024 s 6(1)\nbody corporate\nbreach of a light vehicle mass, dimension or load restraint requirement\ninserted by 35/2013 s 9(4)\nbreach of a light vehicle standards or maintenance requirement\ninserted by 35/2013 s 9(4)\nbreach of a mass, dimension or load restraint requirement\n\nbreach of a mass, dimension or load restraint requirement in another jurisdiction\nbreach of a mass, dimension or load restraint requirement in this State\nbreach of a vehicle standards or maintenance requirement\n\nbicycle lane\n\nbikeway\n\nbox right turn\n\nbus\nsubstituted by 20/1999 s 3(b)\n\nsubstituted by 35/2013 s 9(4)\ncapabilities\ninserted by 13/2006 s 5(6)\ncarriageway\n\nsubstituted by 10/1993 s 3(b)\n\namended by 88/1994 s 3(a)\n\ndeleted by 39/1999 s 4(d)\ncombination\ninserted by 20/1999 s 3(c)\n\namended by 35/2013 s 9(5)\ncommercial motor vehicle\ndeleted by 35/2013 s 9(6)\ncondition\ninserted by 39/1999 s 4(e)\nconduct\n\nsubstituted by 35/2013 s 9(7)\nconsignee\n\namended by 22/2008 s 4(1)—(3)\n\nconsignor\n\namended by 22/2008 s 4(4)—(10)\n\ncontainer weight declaration\n\ncontravene\ncorresponding Authority\ncorresponding law\ncorresponding road law\ncrossover\ndeleted by 39/1999 s 4(f)\ncouncil\ncycle\namended by 20/1999 s 3(d)\n\namended by 39/1999 s 4(g)\n\ndeleted by 51/2024 s 6(2)\ndivided road\ndeleted by 39/1999 s 4(h)\ndividing strip\ndeleted by 39/1999 s 4(h)\ndrink driving offence\ninserted by 8/2009 s 28(1)\n\nsubstituted by 63/2017 s 17(1)\ndrive\nsubstituted by 39/1999 s 4(h)\n\nsubstituted by 35/2013 s 9(9)\ndriver\nsubstituted by 39/1999 s 4(h)\n\namended by 13/2006 s 5(8)\n\nsubstituted by 35/2013 s 9(9)\n\namended by 51/2024 s 6(3)\ndriver's licence\ninserted by 99/1981 s 3(a)\n\namended by 13/2006 s 5(9)\ndrug driving offence\ninserted by 8/2009 s 28(2)\n\nsubstituted by 63/2017 s 17(2)\nemployee\n\namended by 35/2013 s 9(10)\nemployer\nengage in conduct\nequipment\nexpressway\ninserted by 57/1997 s 3\n\nextract\nfootpath\nfreight container\n\ndeleted by 35/2013 s 9(11)\ngarage address\n\nsubstituted by 35/2013 s 9(11)\nGCM\ngive way line\ngive way sign\n\ngoods\n\namended by 35/2013 s 9(12)\ngross combination mass\n\ngross combination mass limit\n\ngross vehicle mass\n\ngross vehicle mass limit\n\ngroup of axles\ninserted by 25/1989 s 3(b)\n\ndeleted by 20/1999 s 3(e)\nGVM\nheavy vehicle\n\nsubstituted by 35/2013 s 9(13)\nHeavy Vehicle National Law (South Australia)\ninserted by 35/2013 s 9(13)\nHeavy Vehicle National Regulations (South Australia)\ninserted by 35/2013 s 9(13)\nhome address\nhook right turn\ninserted by 88/1994 s 3(b)\n\nimproved road\ninspector\ndeleted by 13/2006 s 5(10)\nintelligent transport system\nintersection\njourney documentation\n\namended by 38/2017 s 34(4)\njunction\njurisdiction\nlearner's permit\nlegal entitlements\n\nsubstituted by 35/2013 s 9(14)\n\nsubstituted by 38/2017 s 34(5)\nlevel crossing\nlight motor vehicle\nlight vehicle\nlight vehicle mass and loading requirements\nlight vehicle mass, dimension or load restraint requirement\nlight vehicle standards\nload\n\nsubstituted by 35/2013 s 9(14)\nloader\n\namended by 22/2008 s 4(11)—(16)\n\nmass\ninserted by 25/1989 s 3(c)\n\ndeleted by 20/1999 s 3(f)\nmass and loading requirements\ninserted by 20/1999 s 3(f)\n\nmass, dimension or load restraint requirement\n\nmass limit\n\namended by 35/2013 s 9(16)\nmedical practitioner\ninserted by 17/2021 s 46(1)\nminor risk breach\n\ndeleted by 35/2013 s 9(17)\nmotor bike\ninserted by 20/1999 s 3(f)\nmotor cycle\ndeleted by 20/1999 s 3(f)\nmotor vehicle\nsubstituted by 20/1999 s 3(f)\n\namended by 51/2024 s 6(4)\nnight\nomnibus\namended by 24/1981 s 4\none way carriageway\ndeleted by 39/1999 s 4(k)\noperator\ninserted by 20/1999 s 3(g)\n\nsubstituted by 13/2006 s 5(13)\n\namended by 35/2013 s 9(18)\nowner\n\nsubstituted by 20/1999 s 3(g)\n\nsubstituted by 13/2006 s 5(13)\npackage\n\npackaging\n\npacker\n\namended by 22/2008 s 4(17)—(21)\n\npark\ninserted by 39/1999 s 4(l)\npassenger\npedal cycle\npedestrian\ninserted by 74/1988 s 3\n\namended by 64/1995 s 3(a)\n\nsubstituted by 39/1999 s 4(l)\npedestrian crossing\nperiod of low visibility\npersonal mobility device\ninserted by 51/2024 s 6(5)\nphotograph\ninserted by 8/2003 s 21(b)\nphotographic detection device\ninserted by 8/2003 s 21(b)\npremises\ninserted by 13/2006 s 5(14)\nprime mover\ninserted by 5/1992 s 3(a)\n\nsubstituted by 20/1999 s 3(h)\n\namended by 35/2013 s 9(20)\npublic authority\npublic place\npublic safety\n\nsubstituted by 35/2013 s 9(21)\nquad‑axle group\ninserted by 20/1999 s 3(h)\n\ndeleted by 35/2013 s 9(21)\n\ninserted by 38/2017 s 34(6)\nradar detector or jammer\ninserted by 52/1990 s 3\n\ndeleted by 39/1999 s 4(m)\nreasonable steps defence\n\namended by 22/2008 s 4(22)\n\nrecords\nregistered industry code of practice\n\ninserted by 17/2021 s 46(2)\nregistered operator\n\nsubstituted by 26/2008 s 26(1)\nregistered owner\n\nsubstituted by 26/2008 s 26(1)\nRegistrar of Motor Vehicles\nresponsible entity\n\nresponsible person\n\nsubstituted by 35/2013 s 9(23)\nrider and ride\ndeleted by 39/1999 s 4(m)\nride\ninserted by 39/1999 s 4(m)\nrider\ninserted by 39/1999 s 4(m)\n\namended by 51/2024 s 6(6), (7)\nroad\namended by 10/1993 s 3(c)\n\nsubstituted by 20/1999 s 3(i)\nroad authority\nroad infrastructure\nroad law\nroad law offence\nroad-related area\ninserted by 20/1999 s 3(i)\n\namended by 13/2006 s 5(18)\n\n(e) deleted by 13/2006 s 5(18)\n\namended by 26/2008 s 26(2)\nroundabout\namended by 27/1986 s 3(b)\n\nrun\ninserted by 13/2006 s 5(19)\n\ndeleted by 35/2013 s 9(23)\nschool\ninserted by 18/1998 s 3(a)\n\nschool bus\nschool zone\ninserted by 18/1998 s 3(b)\n\nsemi-trailer\ninserted by 5/1992 s 3(b)\n\nsubstituted by 20/1999 s 3(j)\n\nsubstituted by 35/2013 s 9(24)\nseries of photographs\ninserted by 24/2022 s 5\nsevere risk breach\ninserted by 13/2006 s 5(20)\n\ndeleted by 35/2013 s 9(24)\nshared zone\ninserted by 88/1994 s 3(c)\n\ndeleted by 39/1999 s 4(o)\nsingle axle\ninserted by 20/1999 s 3(k)\nsingle axle group\ninserted by 20/1999 s 3(k)\nsmall-wheeled vehicle\ninserted by 64/1995 s 3(b)\n\nspecifications\ninserted by 13/2006 s 5(21)\nspeed zone\nsubstituted by 41/1989 s 3\n14.8.1989\n\nthe standing\nstart\ninserted by 35/2013 s 9(25)\nstop line\nstop sign\n\nsubstantial risk breach\ninserted by 13/2006 s 5(21)\n\ndeleted by 35/2013 s 9(25)\ntandem axle group\ninserted by 25/1989 s 3(d)\n\nsubstituted by 32/1993 s 3(a)\n\nsubstituted by 20/1999 s 3(l)\nthe Board\ndeleted by 27/1986 s 3(a)\ntowtruck\ninserted by 99/1981 s 3(b)\n\ntractor\ntraffic\ninserted by 39/1999 s 4(q)\ntraffic control device\n\nsubstituted by 39/1999 s 4(q)\ntraffic lights\n\ntrailer\namended by 10/1993 s 3(d)\n\nsubstituted by 20/1999 s 3(m)\ntram\ninserted by 39/1999 s 4(r)\ntransport documentation\ninserted by 13/2006 s 5(22)\n\namended by 35/2013 s 9(26)\ntri-axle group\ninserted by 25/1989 s 3(e)\n\nsubstituted by 32/1993 s 3(b)\n\nsubstituted by 20/1999 s 3(m)\ntrolley\ninserted by 39/1999 s 4(s)\ntwinsteer axle group\ninserted by 20/1999 s 3(m)\ntwo-up driver\ninserted by 13/2006 s 5(23)\n\ntwo way carriageway\ndeleted by 39/1999 s 4(t)\nunit load\ninserted by 13/2006 s 5(23)\n\nunladen mass\nsubstituted by 103/1976 s 4(c)\n\namended by 26/2008 s 26(3)\nvehicle\namended by 64/1995 s 3(c)\n\nsubstituted by 39/1999 s 4(u)\n\namended by 51/2024 s 6(8)\nvehicle standards\ninserted by 20/1999 s 3(n)\n\nwheelchair\ninserted by 10/1993 s 3(e)\n\nsubstituted by 39/1999 s 4(v)\nwheeled recreational device\ninserted by 39/1999 s 4(v)\n\nsubstituted by 38/2017 s 34(7)\nwheeled toy\ninserted by 39/1999 s 4(v)\n\nsubstituted by 38/2017 s 34(7)\ns 5(2)\ninserted by 103/1976 s 4(d)\n\nsubstituted by 25/1989 s 3(f)\n\namended by 20/1999 s 3(o)\ns 5(3)\ninserted by 99/1981 s 3(c)\n\ns 5(4)\ninserted by 22/2008 s 4(23)\ns 5A\ninserted by 46/1981 s 3\n\ninserted by 39/1999 s 5\ns 6\namended by 64/1995 s 4\n\nsubstituted by 39/1999 s 5\ns 6A\ninserted by 20/1999 s 4\ns 7\namended by 10/1993 s 4\n\namended by 39/1999 s 6\n\namended by 51/2024 s 7\ns 8\ndeleted by 39/1999 s 7\n\ndeleted by 35/2013 s 10\n\ninserted by 38/2017 s 35\ns 8A\ndeleted by 13/2006 s 6\ns 9 before deletion by 35/2013\ndeleted by 39/1999 s 8\n\ns 9(1)\namended by 43/2006 s 190(1)\ns 9(2)\nsubstituted by 43/2006 s 190(2)\ns 9\ndeleted by 35/2013 s 10\ns 10\nPt 2\n\nPt 2 Div 1\nheading preceding s 10 redesignated as Div 1 heading in pursuance of the Acts Republication Act 1967\ns 10\ndeleted by 39/1999 s 9\nheading preceding s 11\ns 11\namended by 103/1976 s 5\n\nsubstituted by 27/1986 s 4\ns 11(1)\namended by 39/1999 s 10(a)\ns 11(2)\ns 11(2a)\ninserted by 39/1999 s 10(b)\ns 11(3)\namended by 39/1999 s 10(c)\ns 12\namended by 103/1976 s 6\n\nsubstituted by 27/1986 s 4\ns 13 and 14\ns 15\n\nPt 2 Div 2\nheading preceding s 16 redesignated as Div 2 heading in pursuance of the Acts Republication Act 1967\ns 16\n\ns 16(1) before deletion by 13/2006\n\nAuthority\namended by 103/1976 s 7\n\n(d) deleted by 103/1976 s 7\n\namended by 30/1994 Sch 4 cl 2(b)(i)\n\namended by 54/2003 Sch 1 cl 2\n1.1.2004\ns 16(1)\ndeleted by 13/2006 s 7\ns 16(2)\ns 17\n\ns 17(1)\namended by 27/1986 s 5(a)\n\namended by 39/1999 s 11(a), (b)\n\namended by 13/2006 s 8\n\ns 17(2)\namended by 27/1986 s 5(a)\n\namended by 13/2006 s 8\n\ns 17(3)\n\ninserted by 39/1999 s 11(c)\n\ns 17(4)—(7)\n\ninserted by 12/2017 s 4(2)\ns 17(8)\n\ns 17(9)\ns 18\n\ns 18(1)\namended by 27/1986 s 6(a), (b)\n\namended by 39/1999 s 12\n\namended by 13/2006 s 9(1)\ns 18(2)—(4)\ndeleted by 27/1986 s 6(c)\ns 18(5)\namended by 27/1986 s 6(d)\n\namended by 13/2006 s 9(2)\ns 18(6)\namended by 27/1986 s 6(e)\n\namended by 13/2006 s 9(1), (3)\n\ns 18(7)\namended by 13/2006 s 9(2)\ns 19\n\ns 19(1)\nsubstituted by 42/1979 s 3(a)\n\namended by 18/1998 s 4(a)\n\ns 19(2)\ndeleted by 42/1979 s 3(a)\n\ninserted by 18/1998 s 4(b)\n\nsubstituted by 39/1999 s 13(a)\n\ns 19(3) and (4)\ndeleted by 42/1979 s 3(a)\ns 19(5)\namended by 42/1979 s 3(b)\n\ns 19(6)\ninserted by 39/1999 s 13(b)\ns 19A\n\ns 19A(1)\namended by 13/2006 s 11(1)\n\ns 19A(3)\namended by 13/2006 s 11(2)\n\ns 19A(4)\ns 20 before substitution by 12/2017\n\ns 20(1)\n\nhazardous work area\ninserted by 66/1996 s 3(a)\npublic authority\n\nwork area\ninserted by 66/1996 s 3(b)\nwork site\ninserted by 66/1996 s 3(b)\ns 20(2)\nsubstituted by 25/1980 s 3(a)\n\namended by 27/1986 s 7\n\namended by 66/1996 s 3(c)—(e)\n\namended by 39/1999 s 14(a)\ns 20(2a)\ninserted by 25/1980 s 3(a)\n\namended by 66/1996 s 3(f)\n\ns 20(3)\namended by 66/1996 s 3(g)\ns 20(4)\ninserted by 25/1980 s 3(b)\n\ndeleted by 39/1999 s 14(b)\ns 20\nsubstituted by 12/2017 s 5\ns 20A\ninserted by 12/2017 s 5\ns 21\n\ns 21(1a)\ninserted by 12/2017 s 6(1)\ns 21(2)\ninserted by 39/1999 s 15\n\namended by 13/2006 s 12\n\namended by 12/2017 s 6(2)\ns 21(3)—(5)\ninserted by 12/2017 s 6(3)\ns 21A\ninserted by 12/2017 s 7\ns 22\ninserted by 39/1999 s 15\n\nsubstituted by 12/2017 s 7\ns 22(1)\namended by 17/2021 s 47\ns 23\namended by 103/1976 s 8\n\namended by 85/1985 s 3\n\namended by 27/1986 s 8\n\namended by 76/1998 s 3\n14.1.1999\n\ndeleted by 39/1999 s 15\n\ninserted by 12/2017 s 7\ns 25\n\namended by 27/1986 s 9\n\namended by 18/1998 s 5\n\ndeleted by 39/1999 s 15\ns 31\n\ns 31(1)\n\nfalse traffic control device\ninserted by 39/1999 s 16(a)\nfalse traffic sign\nsubstituted by 50/1984 s 3(1) (Sch 5)\n\ndeleted by 39/1999 s 16(a)\ns 31(2)\namended by 27/1986 s 10\n\nsubstituted by 39/1999 s 16(b)\n\namended by 13/2006 s 13\ns 31(2a)\ninserted by 39/1999 s 16(b)\ns 31(4)\namended by 103/1976 s 9\ns 31(5)\namended by 27/1986 s 10\n\namended by 39/1999 s 16(c)\nPt 2 Div 3\nheading preceding s 32 substituted by 39/1999 s 17\n\nheading preceding s 32 redesignated as Div 3 heading in pursuance of the Acts Republication Act 1967\ns 32\n\namended by 27/1986 s 11\n\nsubstituted by 41/1989 s 4\n14.8.1989\n\namended by 78/1997 s 3\n\nsubstituted by 39/1999 s 17\ns 32(1)\ns 32A and heading\ninserted by 88/1994 s 4\n\ndeleted by 39/1999 s 17\nheading preceding s 33\nsubstituted by 52/1990 s 4\n\ndeleted by 39/1999 s 17\ns 33\n\nsubstituted by 52/1990 s 4\ns 33(1)\nsubstituted by 53/2005 s 7\n\nsubstituted by 25/2019 s 87(1)\ns 33(3)\namended by 17/2001 s 16\n1.12.2002\n\namended by 25/2019 s 87(2)\ns 33(4)\ns 33(7)\namended by 32/1993 s 4(a)\n\namended by 64/1995 s 5\n\namended by 13/2006 s 44(1), (4)\ns 33(9)\ns 33(9a)\ninserted by 32/1993 s 4(b)\n\ns 33(10)\n\nevent\nsubstituted by 39/1999 s 18\nheading preceding s 34\nsubstituted by 103/1976 s 10\n\ndeleted by 25/1989 s 4\n\ninserted by 58/1998 s 3\n\ndeleted by 39/1999 s 19\ns 34\nsubstituted by 103/1976 s 10\n\ndeleted by 25/1989 s 4\n\ninserted by 58/1998 s 3\ns 34(1)\ns 34(2)\namended by 39/1999 s 20\n\ns 34(3) and (4)\ns 34(5)\n\ns 34(6)\ns 34(9)\n\nprescribed police officer\nprescribed member of the police force amended to read prescribed police officer by 13/2006 s 44(1)\nPt 2 Div 4 before substitution by 13/2006\nheading preceding s 35 redesignated as Div 4 heading in pursuance of the Acts Republication Act 1967\ns 35\n\ns 35(1)\namended by 39/1999 s 21(a)\ns 35(1a)\ninserted by 39/1999 s 21(b)\ns 35(2)\namended by 42/1979 s 4\ns 35(3)\ninserted by 39/1999 s 21(c)\ns 36\namended by 103/1976 s 11\nPt 2 Div 4\nsubstituted by 13/2006 s 14\ns 35\n\ns 35(3)\ns 35(6) and (7)\ninserted by 35/2013 s 11\ns 36\ndeleted by 35/2013 s 12\ns 38\nsubstituted by 35/2013 s 13\ns 39\n\ns 39(1)\namended by 35/2013 s 14(1), Sch 1\ns 39(2)\nsubstituted by 35/2013 s 14(2)\ns 39(3)\namended by 35/2013 s 14(3), (4)\n\ns 39(4)\ns 39(5)\namended by 35/2013 s 14(5)\ns 39(6)\namended by 35/2013 s 14(6)\n\ns 40\n\ns 40(1)\namended by 35/2013 s 15\ns 40A\ndeleted by 35/2013 s 16\nPt 2 Div 5 before substitution by 13/2006\nheading preceding s 37 substituted by 39/1999 s 22\n\nheading preceding s 37 redesignated as Div 5 heading in pursuance of the Acts Republication Act 1967\ns 38\namended by 103/1976 s 12\n\namended by 20/1999 s 5\ns 38A\ninserted by 39/1999 s 23\nPt 2 Div 5\nsubstituted by 13/2006 s 14\ns 40C\nsubstituted by 35/2013 s 17\n\ns 40D\n\ns 40D(1)\nsubstituted by 35/2013 s 18\nss 40E and 40F\nsubstituted by 35/2013 s 19\ns 40G\n\ns 40G(1)\namended by 35/2013 s 20\n\namended by 54/2017 s 11\n21.11.2019\ns 40GA\ninserted by 35/2013 s 21\ns 40H\n\ns 40H(1)\namended by 35/2013 s 22(1)\ns 40H(2)\namended by 35/2013 s 22(2)\ns 40H(3) and (4)\namended by 35/2013 s 22(1)\ns 40I\n\ns 40I(1)\namended by 35/2013 s 23(1), (2)\ns 40I(2)\namended by 35/2013 s 23(3)\ns 40I(3)\ndeleted by 35/2013 s 23(4)\ns 40I(5)\n\nsuitable location\namended by 35/2013 s 23(5)\ns 40J\n\ns 40J(1)\namended by 35/2013 s 24(1), (2)\ns 40K\n\ns 40K(1)—(3)\namended by 35/2013 s 25\ns 40M\n\ns 40M(1)\namended by 35/2013 s 26(1), (2)\ns 40N\n\ns 40N(1)\namended by 35/2013 s 27(1)—(3)\ns 40N(6)\ns 40P\n\ns 40P(1)\namended by 35/2013 s 28\ns 40P(7)\n\nrelevant authority\namended by 38/2017 s 36\ns 40Q\n\ns 40Q(2)\namended by 35/2013 s 29(1)\ns 40Q(5)\namended by 35/2013 s 29(2)\ns 40R\n\ns 40R(2)\namended by 35/2013 s 30(1), (2)\ns 40R(6)\namended by 35/2013 s 30(3)—(5)\ns 40R(8)\namended by 35/2013 s 30(6)\ns 40S\n\ns 40S(1)\nsubstituted by 35/2013 s 31(1)\ns 40S(2)\namended by 35/2013 s 31(2)\ns 40S(7)\namended by 35/2013 s 31(3)\ns 40T\n\ns 40T(1)\nsubstituted by 35/2013 s 32(1)\ns 40T(2)\namended by 35/2013 s 32(2), (3)\ns 40T(9)\namended by 35/2013 s 32(4)—(6)\ns 40T(11)\namended by 35/2013 s 32(7)\ns 40V\n\ns 40V(2)\namended by 35/2013 s 33(1)\ns 40V(3)\namended by 35/2013 s 33(2)\ns 40W\n\ns 40W(1)\namended by 35/2013 s 34\ns 40X\n\ns 40X(1)\namended by 35/2013 s 35\ns 40Y\n\ns 40Y(1)\namended by 35/2013 s 36(1)\ns 40Y(3)\namended by 35/2013 s 36(2)\ns 40Y(7)\namended by 35/2013 s 36(3)\ns 40Z\n\ns 40Z(1)\ns 40Z(2)\namended by 35/2013 s 37(1), (2)\ns 40Z(3)\ns 40Z(4)\ns 40Z(5)\n\ns 41B\n\ns 41B(1)\namended by 35/2013 s 38\ns 41C\n\ns 41C(1) and (2)\namended by 35/2013 s 39\ns 41D\n\ns 41D(1)\namended by 35/2013 s 40\ns 41E\n\ns 41E(1)\namended by 35/2013 s 41\ns 41E(2)\ns 41F\namended by 35/2013 s 42\ns 41G\ndeleted by 35/2013 s 43\ns 41I\nsubstituted by 35/2013 s 44\ns 41J\namended by 35/2013 s 45\ns 41M\namended by 35/2013 s 46\ns 41O\namended by 35/2013 s 47\nPt 2A\ninserted by 13/2006 s 14\nPt 3\nheading amended by 39/1999 s 24\nheading preceding s 39\ns 39\n\ns 40\namended by 15/1984 s 3\n\namended by 85/1985 s 4\n\namended by 74/1988 s 4\n\namended by 33/1996 s 2\n\namended by 66/1996 s 4\n\namended by 58/1998 s 4\n22.10.1998\n\nPt 3 Div 1 before deletion by 13/2006\nheading preceding s 41 redesignated as Div 1 heading in pursuance of the Acts Republication Act 1967\ns 41\n\ns 41(1)\namended by 32/1993 s 5(a)\n\namended by 64/1995 s 6\n\namended by 39/1999 s 26\ns 41(2)\namended by 103/1976 s 13\ns 41(3)\ninserted by 32/1993 s 5(b)\ns 42\n\ns 42(1)\namended by 103/1976 s 14(a)\n\namended by 20/1999 s 6\ns 42(2)\namended by 103/1976 s 14(b)\nPt 3 Div 1\ndeleted by 13/2006 s 15\nPt 3 Div 2\nheading preceding s 43 substituted by 39/1999 s 27\n\nheading preceding s 43 redesignated as Div 2 heading in pursuance of the Acts Republication Act 1967\ns 43\namended by 103/1976 s 15\n\namended by 42/1979 s 5\n\namended by 92/1986 s 3\n18.12.1986\n\namended by 105/1987 s 3\n\namended by 51/1988 s 71\n\namended by 30/1994 Sch 4 cl 2(b)(ii), (iii)\n\nsubstituted by 39/1999 s 27\ns 43(1)\namended by 8/2003 s 22\n\nsubstituted by 81/2005 s 18(1)\n\ns 43(2)\ns 43(3)\namended by 8/2003 s 22\n\nsubstituted by 81/2005 s 18(2)\n\nPt 3 Div 3\nheading preceding s 44 amended by 37/1992 s 5\n6.7.1992\n\nheading preceding s 44 redesignated as Div 3 heading in pursuance of the Acts Republication Act 1967\ns 44\n\ndeleted by 37/1992 s 6\n6.7.1992\ns 44A\namended by 103/1976 s 16\n\namended by 26/2002 s 19(2) (Sch 3 cl 6)\n5.7.2003\nPt 3 Div 4\nheading preceding s 45 redesignated as Div 4 heading in pursuance of the Acts Republication Act 1967\n\nheading substituted by 56/2004 s 4\n\nheading amended by 24/2023 s 12\ns 44B\ninserted by 56/2004 s 5\ns 44B(1)\nsubstituted by 18/2010 s 8(1)\ns 44B(5)\ns 44B(6)\ninserted by 18/2010 s 8(2)\n\namended by 53/2017 s 27\n30.4.2018\ns 44C\ninserted by 24/2023 s 13\ns 45\n\ns 45(1)\ns 45 amended by 103/1976 s 17\n\ns 45 redesignated as s 45(1) by 81/2005 s 19\ns 45(2)\n\namended by 24/2023 s 14(1)\ns 45(2a)\ninserted by 24/2023 s 14(2)\ns 45(3)\n\namended by 49/2021 s 4(1), (2)\n\namended by 24/2023 s 14(3)\ns 45(4)\ns 45(4a)\ninserted by 18/2010 s 9(1)\n\ns 45(5)\nemergency worker\ninserted by 18/2010 s 9(2)\nemploying authority\ninserted by 18/2010 s 9(2)\nharm\ninserted by 24/2023 s 14(4)\nserious harm\nsubstituted by 24/2023 s 14(4)\ns 45A\namended by 103/1976 s 18\n\ndeleted by 39/1999 s 28\n\ninserted by 23/2005 s 4\ns 45A(1)\namended by 26/2008 s 27\n\namended by 13/2011 s 30\n\namended by 24/2019 s 13\n\namended by 49/2021 s 5(1), (2)\ns 45A(2)\ndeleted by 12/2017 s 8\ns 45A(3)\n\namended by 49/2021 s 5(3)\ns 45A(4a)\ninserted by 49/2021 s 5(4)\n\namended by 24/2023 s 15(1)\ns 45A(4b)\ninserted by 49/2021 s 5(4)\ns 45A(6)\ninserted by 49/2021 s 5(5)\nharm\ninserted by 24/2023 s 15(2)\ns 45B\ninserted by 23/2005 s 4\ns 45B(1)\n\nsubstituted by 49/2021 s 6(1)\n\nsubstituted by 46/2024 s 15(1)\ns 45B(1a) and (1b)\ninserted by 46/2024 s 15(1)\ns 45B(2)\namended by 46/2024 s 15(2)\ns 45B(3)\namended by 46/2024 s 15(3)\ns 45B(6)\ndeleted by 49/2021 s 6(2)\ns 45B(6)\ninserted by 46/2024 s 15(4)\ns 45B(6a) and (6b)\ninserted by 46/2024 s 15(4)\ns 45B(7)\nsubstituted by 39/2006 s 3(1)\n\namended by 46/2024 s 15(5)\ns 45B(8)\namended by 39/2006 s 3(2)\ns 45B(9)\namended by 39/2006 s 3(3)\ns 45B(10)\namended by 49/2021 s 6(3)\n\namended by 46/2024 s 15(6), (7)\ns 45B(11)\ninserted by 39/2006 s 3(4)\ns 45B(12)\ninserted by 39/2006 s 3(4)\n\namended by 49/2021 s 6(4)\n\namended by 46/2024 s 15(8)\ns 45B(13)—(15)\ninserted by 49/2021 s 6(5)\ns 45B(16)\ninserted by 49/2021 s 6(5)\n\namended by 46/2024 s 15(9)\ns 45B(17)\ninserted by 46/2024 s 15(10)\ns 45C\ns 45C(3)\namended by 39/2019 s 4(1)\ns 45C(4)\namended by 39/2019 s 4(2)\ns 45D\ns 45D(1)\namended by 39/2019 s 5(1), (2)\ns 45D(1a)\ninserted by 39/2019 s 5(3)\ns 45D(2)\namended by 49/2021 s 7(1)\ns 45D(15)\namended by 49/2021 s 7(2)\ns 45D(16)\namended by 49/2021 s 7(3)\ns 45E\ns 46\n\ns 46(1)\namended by 103/1976 s 19(a)\n\namended by 46/1981 s 4(a)\n\namended by 23/2005 s 5(1)\n\namended by 81/2005 s 20\n\namended by 90/2013 s 6\n26.1.2014\n\namended by 49/2021 s 8\ns 46(3)\ninserted by 103/1976 s 19(b)\n\nsubstituted by 46/1981 s 4(b)\n\namended by 51/1988 s 72(a)\n\n(c) deleted by 51/1988 s 72(b)\n\namended by 23/2005 s 5(2)\n\ns 46(4)\ninserted by 42/1979 s 6\n\nsubstituted by 46/1981 s 4(b)\ns 46(5)\ninserted by 18/2010 s 10\n\ns 46(6)\ninserted by 18/2010 s 10\nPt 3 Div 5\nheading preceding s 47 redesignated as Div 5 heading in pursuance of the Acts Republication Act 1967\nsubstituted by 77/2005 s 4\ns 47\n\ns 47(1)\namended by 103/1976 s 20(a)\n\namended by 46/1981 s 5(a)\n\namended by 1/1990 s 2(a), (b)\n\namended by 13/2011 s 31\ns 47(1a) and (1b)\ninserted by 63/2017 s 18(1)\ns 47(3)\nsubstituted by 42/1979 s 7\n\nsubstituted by 46/1981 s 5(b)\n\namended by 55/1985 s 3\n\namended by 51/1988 s 73(a)\n\n(c) deleted by 51/1988 s 73(b)\n\namended by 1/1990 s 2(c)\n\namended by 52/1999 s 96(a)\n\namended by 91/2000 s 3\n\n(da) deleted by 8/2009 s 29(1)\n\namended by 63/2017 s 18(2)\ns 47(4)\namended by 103/1976 s 20(b)\n\nsubstituted by 46/1981 s 5(b)\n\namended by 12/1991 s 3\n\nsubstituted by 8/2003 s 23\n\nsubstituted by 8/2009 s 29(2)\ns 47A\n\ns 47A(1)\ns 47A redesignated as s 47A(1) by 8/2003 s 24(b)\nalcotest\namended by 99/1981 s 4\n\nsubstituted by 17/2001 s 17\nanalyst\ninserted by 53/1986 s 3\napproved blood test kit\ninserted by 95/1995 s 13\n\namended by 63/2017 s 19(1)\nbreath test\ninserted by 46/1981 s 6\n\ndeleted by 55/1985 s 4\ncategory 1 offence\n\ncategory 2 offence\n\namended by 63/2017 s 19(2)\ncategory 3 offence\n\namended by 63/2017 s 19(3)\ndriver testing station\ninserted by 77/2005 s 5(1)\ndrug screening test\ninserted by 77/2005 s 5(1)\ngross vehicle mass\ninserted by 5/1992 s 4(a)\noral fluid\ninserted by 77/2005 s 5(2)\noral fluid analysis\ninserted by 77/2005 s 5(2)\n\nsubstituted by 63/2017 s 19(4)\nprescribed circumstances\ninserted by 6/2005 s 6(1)\n\namended by 77/2005 s 5(3), (4)\n\namended by 8/2009 s 30\n\nprescribed concentration of alcohol\nsubstituted by 12/1991 s 4(b)\n\namended by 5/1992 s 4(b)\nprescribed drug\ninserted by 77/2005 s 5(5)\nprescribed vehicle\ninserted by 5/1992 s 4(c)\ns 47A(2)\ninserted by 8/2003 s 24(b)\n\nsubstituted by 10/2005 Sch 1 cl 1\ns 47A(2a)\ninserted by 6/2005 s 6(2)\n\namended by 77/2005 s 5(6), (7)\n\ns 47A(3)\ninserted by 8/2003 s 24(b)\n\namended by 6/2005 s 6(3)\n\namended by 77/2005 s 5(8)\ns 47B\n\ns 47B(1)\namended by 103/1976 s 21(a)\n\namended by 46/1981 s 7(a)\n\namended by 1/1990 s 3(a)\n\namended by 12/1991 s 5(a)\n\namended by 8/2003 s 25(a)\n\namended by 13/2011 s 32\n\ns 47B(1a) and (1b)\ninserted by 63/2017 s 20(1)\ns 47B(2)\ndeleted by 17/2001 s 18\ns 47B(2a)\ninserted by 103/1976 s 21(b)\n\ndeleted by 46/1981 s 7(b)\ns 47B(3)\nsubstituted by 42/1979 s 8\n\nsubstituted by 46/1981 s 7(b)\n\namended by 55/1985 s 5\n\namended by 51/1988 s 74(a)\n\n(c) deleted by 51/1988 s 74(b)\n\namended by 1/1990 s 3(b)\n\namended by 12/1991 s 5(b)—(d)\n\namended by 52/1999 s 96(b)\n\namended by 91/2000 s 4\n\namended by 8/2003 s 25(b), (c)\n\n(da) deleted by 8/2009 s 31(5)\n\namended by 8/2009 s 31(1)—(4)\n\namended by 63/2017 s 21(2)\ns 47B(4)\ninserted by 46/1981 s 7(b)\n\namended by 12/1991 s 5(e)\n\nsubstituted by 8/2003 s 25(d)\n\nsubstituted by 8/2009 s 31(6)\ns 47B(5)\ninserted by 46/1981 s 7(b)\n\nsubstituted by 12/1991 s 5(f)\n\nsubstituted by 8/2003 s 25(d)\n\nsubstituted by 48/2024 Sch 1 cl 1\ns 47B(6)\ninserted by 8/2003 s 25(d)\n\nsubstituted by 8/2009 s 31(7)\n\nsubstituted by 48/2024 Sch 1 cl 1\ns 47B(7)\ninserted by 8/2003 s 25(d)\n\ndeleted by 6/2005 s 7\ns 47BA\ninserted by 77/2005 s 6\ns 47BA(1)\namended by 13/2011 s 33\n\ns 47BA(1a) and (1b)\ninserted by 63/2017 s 21(1)\ns 47BA(2)\n\namended by 63/2017 s 21(2)\ns 47BA(3)\ns 47BA(4)\namended by 8/2009 s 32(1), (2)\n\nsubstituted by 63/2017 s 21(3)\n8.3.2018\ns 47BA(5)\nsubstituted by 8/2009 s 32(3)\ns 47BA(6)\n\nsubstituted by 48/2024 Sch 1 cl 2\ns 47BA(7)\nsubstituted by 8/2009 s 32(4)\n\nsubstituted by 48/2024 Sch 1 cl 2\ns 47C\n\ns 47C(1)\namended by 12/1991 s 6(a), (b)\n\namended by 77/2005 s 7(1), (2)\n\namended by 63/2017 s 22\ns 47C(2)\n\ns 47C(3)\namended by 12/1991 s 6(c)\n\namended by 77/2005 s 7(1)\n\namended by 63/2017 s 22\ns 47D\n\ns 47D(1)\namended by 84/1984 s 3\n\namended by 77/2005 s 8(1), (2)\n\namended by 63/2017 s 23\n\namended by 17/2021 s 48(1), (2)\n\nsubstituted by 49/2021 s 9(1)\ns 47D(2)\n\namended by 17/2021 s 48(3)\ns 47D(3)\ninserted by 49/2021 s 9(2)\ns 47DA\ninserted by 46/1981 s 8\ns 47DA(1)\nsubstituted by 55/1985 s 6(a)\n\namended by 77/2005 s 9(1), (2)\n\ns 47DA(2)\namended by 55/1985 s 6(b)\n\namended by 77/2005 s 9(1), (3)\ns 47DA(3)\n\nsubstituted by 6/2005 s 8\n\namended by 77/2005 s 9(1), (4)\ns 47DA(4)\n\nsubstituted by 6/2005 s 8\nscreening test\ninserted by 77/2005 s 9(5)\ns 47DA(5)\namended by 28/1984 s 3(a)\n17.6.1984\n\namended by 52/1990 s 5\n\ndeleted by 58/1998 s 5\n27.5.1999\ns 47DA(6)\n\ndeleted by 58/1998 s 5\n27.5.1999\ns 47DA(7)\namended by 28/1984 s 3(b)\n17.6.1984\n\namended by 84/1984 s 4\n\ndeleted by 55/1985 s 6(d)\ns 47E\n\ns 47E(1)\namended by 42/1979 s 9(a)\n\namended by 24/1980 s 3(a)\n\namended by 46/1981 s 9(a)\n\namended by 39/1999 s 29\n\n(b) deleted by 39/1999 s 29\n\namended by 37/2002 s 16\n\namended by 10/2005 Sch 1 cl 2\n\namended by 77/2005 s 10(1)\n\ns 47E(1a)\ninserted by 42/1979 s 9(b)\n\ndeleted by 24/1980 s 3(b)\ns 47E(2)\nsubstituted by 84/1984 s 5\n\nsubstituted by 17/2001 s 19(a)\n\ns 47E(2a)\ninserted by 46/1981 s 9(b)\n\nsubstituted by 55/1985 s 7(a)\n\nsubstituted by 8/2003 s 26(a)\n\namended by 13/2011 s 34(1)\ns 47E(2ab)\ninserted by 8/2003 s 26(a)\n\ns 47E(2ac)\ninserted by 8/2003 s 26(a)\n\ndeleted by 6/2005 s 9(1)\ns 47E(2b)\ninserted by 46/1981 s 9(b)\n\nsubstituted by 81/2005 s 21\ns 47E(2c)\n\ndeleted by 6/2005 s 9(1)\ns 47E(2d)\n\ns 47E(2e)\ns 47E(2f)\ninserted by 8/2003 s 26(b)\n\ndeleted by 6/2005 s 9(2)\ns 47E(3)\namended by 103/1976 s 22(a)\n\namended by 46/1981 s 9(c)\n\namended by 1/1990 s 4(a)\n\namended by 13/2011 s 34(2)\ns 47E(3a) and (3b)\ninserted by 63/2017 s 24(1)\ns 47E(3a)\ninserted by 103/1976 s 22(b)\n\ndeleted by 46/1981 s 9(d)\ns 47E(4)\namended by 17/2001 s 19(c)\n\namended by 77/2005 s 10(2)\n\namended by 63/2017 s 24(2)\ns 47E(4a)\ninserted by 77/2005 s 10(3)\n\namended by 17/2021 s 49(1)\ns 47E(5)\nsubstituted by 95/1995 s 14\n\ns 47E(5a)\ninserted by 86/1993 s 3\n\namended by 77/2005 s 10(4)—(7)\n\namended by 17/2021 s 49(2)\ns 47E(6)\nsubstituted by 42/1979 s 9(c)\n\nsubstituted by 46/1981 s 9(e)\n\namended by 55/1985 s 7(b), (c)\n\namended by 51/1988 s 75(a)\n\n(c) deleted by 51/1988 s 75(b)\n\namended by 1/1990 s 4(b)\n\namended by 52/1999 s 96(c)\n\namended by 91/2000 s 5\n\n(da) deleted by 8/2009 s 33(1)\n\namended by 63/2017 s 24(3)\ns 47E(7)\ninserted by 46/1981 s 9(e)\n\namended by 12/1991 s 7\n\nsubstituted by 8/2003 s 26(c)\n\nsubstituted by 8/2009 s 33(2)\ns 47E(7a)\ninserted by 77/2005 s 10(8)\n\ns 47E(7b)\ninserted by 77/2005 s 10(8)\n\ns 47E(8)\ninserted by 8/2003 s 26(c)\n\nsubstituted by 6/2005 s 9(3)\n\ns 47E(9) and (10)\ninserted by 8/2003 s 26(c)\n\ndeleted by 6/2005 s 9(3)\ns 47EAA\ninserted by 77/2005 s 11\ns 47EAA(1) and (2)\ns 47EAA(2a)\ninserted by 8/2009 s 34(1)\ns 47EAA(3)\ns 47EAA(4)\namended by 13/2011 s 35(1)\ns 47EAA(5)\nsubstituted by 81/2005 s 22\ns 47EAA(6)\ns 47EAA(7)\n\nsubstituted by 63/2017 s 25(1)\ns 47EAA(9)\n\namended by 13/2011 s 35(2)\ns 47EAA(9a) and (9b)\ninserted by 63/2017 s 25(2)\ns 47EAA(10)\namended by 63/2017 s 25(3)\ns 47EAA(11)\n\namended by 17/2021 s 50(1)\ns 47EAA(12)\n\namended by 8/2009 s 34(2)\n\ns 47EAA(13)\ns 47EAA(14)\n\namended by 17/2021 s 50(2)\ns 47EAA(15)\ns 47EAA(16)\n\namended by 63/2017 s 25(5), (6)\n8.3.2018\n\namended by 63/2017 s 25(4)\ns 47EAA(17)\nsubstituted by 8/2009 s 34(3)\ns 47EAA(18)\n\namended by 63/2017 s 25(7)\ns 47EAA(19)\ns 47EAB\ninserted by 13/2006 s 4\n\ndeleted by 13/2006 s 16\ns 47EA\n\ns 47EA(1)\ns 47EA inserted by 6/2005 s 10\n\ns 47EA amended by 77/2005 s 12(1)—(3)\n\ns 47EA amended by 13/2006 s 44(1), (2)\n\ns 47EA redesignated as s 47EA(1) by 71/2009 Sch 1 cl 1\n\ns 47EA(2)\ninserted by 71/2009 Sch 1 cl 1\ns 47EB\ns 47EA inserted by 17/2001 s 20\n\ns 47EA redesignated as s 47EB by 6/2005 s 10\n\ns 47F before substitution by 77/2005\n\ns 47F(1)\nsubstituted by 84/1984 s 6\n\ndeleted by 86/1993 s 4(a)\ns 47F(2)\n\nsubstituted by 84/1984 s 6\n\namended by 86/1993 s 4(b)\ns 47F(2a)\ninserted by 84/1984 s 6\n\namended by 86/1993 s 4(c)\ns 47F(3)\namended by 42/1979 s 10 \n\nsubstituted by 86/1993 s 4(d)\ns 47F(4)\ndeleted by 86/1993 s 4(d)\ns 47F\nsubstituted by 77/2005 s 13\ns 47FA\ninserted by 86/1993 s 5\n\ndeleted by 77/2005 s 13\ns 47FB before deletion by 77/2005\ninserted by 86/1993 s 5\ns 47FB(2)\n\nsubstituted by 8/2003 s 27\ns 47FB\ndeleted by 77/2005 s 13\ns 47G—see s 47K\n\ns 47GA\ninserted by 95/1995 s 16\ns 47GA(1)\namended by 63/2017 s 26\ns 47GA(2)\namended by 17/2001 s 22\n\namended by 6/2005 s 11(1)\n\namended by 81/2005 s 23\n\ns 47GA(3)\ninserted by 6/2005 s 11(2)\nrelevant period\nsubstituted by 17/2021 s 51\ns 47GB\ninserted by 77/2005 s 15\ns 47GB(1)\namended by 63/2017 s 27\ns 47GB(2)\n\namended by 17/2021 s 52(1)\ns 47GB(3)\n\nrelevant period\nsubstituted by 17/2021 s 52(2)\ns 47H before substitution by 63/2017\n\ns 47H(1)\namended by 77/2005 s 16\n\ns 47H(3)\ns 47H\nsubstituted by 63/2017 s 28\ns 47I\n\ns 47I(1)\namended by 77/2005 s 17(1)\n\namended by 8/2009 s 35(1)\n\nsubstituted by 17/2021 s 53\ns 47I(2)\ndeleted by 77/2005 s 17(2)\n\ninserted by 17/2021 s 53\ns 47I(3)\ndeleted by 77/2005 s 17(2)\n\ninserted by 17/2021 s 53\ns 47I(4)\namended by 33/2003 Sch (cl 17(1), (2))\n\namended by 8/2009 s 35(2)\n\nsubstituted by 17/2021 s 53\ns 47I(14b)\nsubstituted by 8/2009 s 35(4)\ns 47I(5)\namended by 33/2003 Sch (cl 17(3))\n\ndeleted by 17/2021 s 53\ns 47I(6)\namended by 42/1979 s 12(a)\n\ndeleted by 17/2021 s 53\ns 47I(7)\namended by 53/1986 s 5(a)\n\nsubstituted by 95/1995 s 17(a)\n\ninserted by 63/2017 s 29\ns 47I(8) and (9)\n\ninserted by 63/2017 s 29\ns 47I(10)\n\nsubstituted by 95/1995 s 17(b)\n\ns 47I(10a)\ninserted by 95/1995 s 17(b)\n\ns 47I(11)\n\namended by 95/1995 s 17(c)\n\ns 47I(12) and (13)\n\ns 47I(13a) and (13b)\ninserted by 53/1986 s 5(b)\n\ns 47I(13ba)\ninserted by 16/1988 s 3\n26.5.1988\n\ns 47I(13bb)\ninserted by 17/2001 s 23\n\ns 47I(13c)\ninserted by 53/1986 s 5(b)\n\namended by 95/1995 s 17(d), (e)\n\ns 47I(14)\namended by 103/1976 s 23(a)\n\namended by 46/1981 s 11(a)\n\namended by 1/1990 s 5(a), (b)\n\namended by 13/2011 s 36\n\ns 47I(14a)\ninserted by 103/1976 s 23(b)\n\nsubstituted by 46/1981 s 11(b)\n\namended by 55/1985 s 9\n\namended by 51/1988 s 76(a)\n\n(c) deleted by 51/1988 s 76(b)\n\namended by 1/1990 s 5(c), (d)\n\namended by 52/1999 s 96(d)\n\namended by 91/2000 s 6\n\n(da) deleted by 8/2009 s 35(3)\n\ns 47I(14b)\ninserted by 42/1979 s 12(b)\n\nsubstituted by 46/1981 s 11(b)\n\namended by 12/1991 s 8\n\nsubstituted by 8/2003 s 28(a)\ns 47I(15)\namended by 103/1976 s 23(c)\n\ndeleted by 77/2005 s 17(4)\ns 47I(16)—(18)\ndeleted by 77/2005 s 17(4)\ns 47I(19)\n\naccident\ndeleted by 8/2003 s 28(b)\ns 47IAA\ninserted by 6/2005 s 12\ns 47IAA(1)\namended by 8/2009 s 36(1)\n\namended by 63/2017 s 30(1)—(3)\n\namended by 49/2021 s 10(1)\ns 47IAA(2)\n\nsubstituted by 49/2021 s 10(2)\ns 47IAA(5)\namended by 46/2024 s 16(1)\ns 47IAA(7a)—(7c)\ninserted by 39/2006 s 4(1)\ns 47IAA(8)\namended by 39/2006 s 4(2)\ns 47IAA(9)\nsubstituted by 39/2006 s 4(3)\n\namended by 20/2020 s 5\n30.11.2020\ns 47IAA(10)\namended by 39/2006 s 4(4)\ns 47IAA(11)\namended by 39/2006 s 4(5)\ns 47IAA(12)\namended by 39/2006 s 4(6), (7)\n\namended by 8/2009 s 36(2)\n\namended by 63/2017 s 30(4)\n\namended by 49/2021 s 10(3), (4)\ns 47IAA(13)\ndeleted by 39/2006 s 4(8)\ns 47IAA(14)\namended by 39/2006 s 4(9)\n\namended by 49/2021 s 10(5)\ns 47IAA(15)—(18)\ninserted by 39/2006 s 4(10)\ns 47IAA(19)—(21)\ninserted by 49/2021 s 10(6)\ns 47IAA(22)\ninserted by 49/2021 s 10(6)\n\namended by 46/2024 s 16(2)\ns 47IAB\ninserted by 6/2005 s 12\ns 47IAB(1)\namended by 49/2021 s 11(1)\n\namended by 46/2024 s 17(1)\ns 47IAB(2)\namended by 39/2006 s 5(1), (2)\n\namended by 49/2021 s 11(2), (3)\n\namended by 46/2024 s 17(2)\ns 47IAB(4)\ns 47IAB(4a)\ninserted by 39/2006 s 5(3)\ns 47IA\ninserted by 46/1981 s 12\ns 47IA(1)\ns 47IA(2)\namended by 13/2011 s 37\ns 47IA(3)\n\nprescribed first or second offence\namended by 12/1991 s 9\n\namended by 8/2003 s 29\ns 47J\ninserted by 103/1976 s 24\ns 47J(1)\namended by 55/1985 s 10(a), (b)\n\namended by 8/2009 s 37(1), (2)\n\ns 47J(4)\namended by 8/2009 s 37(3)\n\ns 47J(4a)\ninserted by 39/2006 s 6(1)\ns 47J(5)\namended by 39/2006 s 6(2)\ns 47J(6)\ndeleted by 39/2006 s 6(3)\ns 47J(9)\namended by 8/2009 s 37(4)\n\ns 47J(12)\n\nassessment clinic\nsubstituted by 50/1984 s 3(1) (Sch 5)\n\nsubstituted by 8/2009 s 37(5)\nlesser offence against section 47B\ninserted by 55/1985 s 10(c)\nprescribed area\ndeleted by 8/2009 s 37(5)\nprescribed day\ninserted by 8/2009 s 37(5)\nprescribed offence\nsubstituted by 12/1991 s 10\ns 47K\ns 47G redesignated as s 47K by 77/2005 s 14(8)\ns 47K(1)\namended by 42/1979 s 11(a)\n\namended by 95/1995 s 15(a), (b)\n\namended by 8/2009 s 38(1)\n\namended by 17/2021 s 54(1)\ns 47K(1a)\ninserted by 42/1979 s 11(b)\n\namended by 86/1993 s 6(a)\n\nsubstituted by 95/1995 s 15(c)\n\namended by 77/2005 s 14(1)\ns 47K(1ab)\ninserted by 95/1995 s 15(c)\n\nsubstituted by 81/2005 s 24\n\namended by 17/2021 s 54(2)\ns 47K(1b)\ninserted by 14/1991 s 2\n\namended by 95/1995 s 15(d)\n\namended by 17/2001 s 21(a)\ns 47K(2)\n\namended by 17/2001 s 21(b)\ns 47K(2a)\ninserted by 42/1979 s 11(c)\n\namended by 86/1993 s 6(b)\n\namended by 95/1995 s 15(e)\n\ns 47K(3)\n\namended by 95/1995 s 15(f)\n\namended by 17/2001 s 21(c)\n\namended by 63/2017 s 31(1)\ns 47K(3a)\n\namended by 77/2005 s 14(2)\n\nsubstituted by 63/2017 s 31(2)\ns 47K(3b)\ninserted by 46/1981 s 10\n\ns 47K(3c)\ninserted by 46/1981 s 10\n\nsubstituted by 84/1984 s 7(a)\n\nsubstituted by 55/1985 s 8\n\namended by 77/2005 s 14(3)\n\ns 47K(4)\namended by 53/1986 s 4\n\namended by 95/1995 s 15(g)\n\namended by 77/2005 s 14(4)\ns 47K(5)\n\namended by 84/1984 s 7(b), (c)\n\namended by 86/1993 s 6(c)\n\namended by 95/1995 s 15(h)\n\n(d) deleted by 95/1995 s 15(i)\n\namended by 17/2001 s 21(d)\n\namended by 77/2005 s 14(5)\ns 47K(6)\nsubstituted by 84/1984 s 7(d)\n\namended by 95/1995 s 15(j), (k)\n\ndeleted by 77/2005 s 14(6)\ns 47K(7)\n\namended by 17/2001 s 21(e)\ns 47K(8)\n\namended by 17/2021 s 54(3)\ns 47K(9)\n\nsubstituted by 77/2005 s 14(7)\n\nsubstituted by 8/2009 s 38(2)\n\nsubstituted by 63/2017 s 31(3)\ns 47K(9a)\ninserted by 63/2017 s 31(3)\ns 47K(10)\n\ns 47K(11)\n\namended by 17/2021 s 54(4)\ns 47K(12)\ns 47K(13)\n\namended by 17/2021 s 54(5)\ns 47K(14) to (15)\ns 47K(16)\n\namended by 17/2021 s 54(6)\ns 47K(17)\n\namended by 17/2021 s 54(7)\ns 47K(18)\n\nsubstituted by 63/2017 s 31(4)\n\namended by 17/2021 s 54(8)\ns 47K(19)\nPt 3 Div 5A before deletion by 8/2009 \nheading inserted by 91/2000 s 7\nheading preceding s 48\ns 48\namended by 103/1976 s 25\n\nsubstituted by 12/1991 s 11\n\ns 49\namended by 103/1976 s 26\n\namended by 25/1980 s 4(a), (b)\n\namended by 12/1991 s 12\n\namended by 88/1994 s 5\n\namended by 78/1997 s 4\n\namended by 18/1998 s 6\n\ns 49(2)\namended by 8/2003 s 30\n\n(c) deleted by 8/2003 s 30\ns 50\namended by 103/1976 s 27\n\namended by 12/1991 s 13\n\ns 51\ndeleted by 36/1976 s 2\n\ns 51(1)\ns 52\namended by 103/1976 s 28\n\nsubstituted by 6/2005 s 13\ns 53\namended by 103/1976 s 29\n\namended by 58/1986 s 3\n\namended by 14/1988 s 3\n\namended by 25/1989 s 5\n\namended by 20/1999 s 7\n\ns 53AA\nPt 3 Div 5A\ndeleted by 8/2009 s 39\nPt 3 Div 6\nheading preceding s 53A amended by 39/1999 s 31\n\nheading preceding s 53A redesignated as Div 6 heading in pursuance of the Acts Republication Act 1967\ns 53A\nsubstituted by 41/2009 s 4\ns 53B\ninserted by 52/1990 s 6\ns 53B(1)\nsubstituted by 39/1999 s 32(a)\ns 53B(2)\n\ns 53B(3)\nsubstituted by 34/1996 s 4 (Sch cl 30)\n\namended by 53/2005 s 8\ns 53B(4)\ns 53B(5)\namended by 39/1999 s 32(b)\n\namended by 17/2021 s 55\ns 53B(6)\ninserted by 39/1999 s 32(c)\nheading preceding s 54\ns 54\namended by 103/1976 s 30\n\nsubstituted by 69/1985 s 2\n\namended by 10/1993 s 5\n\ns 55\namended by 103/1976 s 31\n\namended by 10/1993 s 6\n\ns 55A\ninserted by 10/1993 s 7\n\ns 56\namended by 103/1976 s 32\n\ns 57\namended by 103/1976 s 33\n\ns 58\namended by 103/1976 s 34\n\namended by 10/1993 s 8\n\ns 58A\ninserted by 10/1993 s 9\n\ns 59\namended by 103/1976 s 35\n\namended by 10/1993 s 10\n\ns 60\namended by 103/1976 s 36\n\namended by 10/1993 s 11\n\nheading preceding s 61\ninserted by 10/1993 s 12\n\ns 61\namended by 103/1976 s 37\n\namended by 52/1990 s 7\n\nsubstituted by 10/1993 s 12\n\namended by 20/1999 s 8\n\nheading preceding s 62\ns 62\ns 63\namended by 103/1976 s 38\n\namended by 42/1979 s 13\n\namended by 25/1980 s 5\n\namended by 107/1980 s 3\n1.3.1981\n\namended by 10/1993 s 13\n\ns 65\namended by 103/1976 s 39\n\ns 65A\ninserted by 10/1993 s 14\n\ns 66\namended by 103/1976 s 40\n\ns 67\namended by 103/1976 s 41\n\ns 68\namended by 103/1976 s 42\n\ns 68A\ninserted by 88/1994 s 6\n\ns 69\namended by 103/1976 s 43\n\ns 69A\ninserted by 1/1992 Sch 3\n\nheading preceding s 70\ns 70\namended by 103/1976 s 44\n\namended by 10/1993 s 15\n\ns 70A\ninserted by 10/1993 s 16\n\ns 70B\ninserted by 88/1994 s 7\n\ns 71\n\namended by 37/1997 s 2\n\ns 71A\namended by 103/1976 s 45\n\namended by 37/1997 s 3\n\ns 72\namended by 103/1976 s 46\n\ns 73\namended by 103/1976 s 47\n\nheading preceding s 74\ns 74\namended by 103/1976 s 48\n\namended by 10/1993 s 17\n\ns 74A\namended by 103/1976 s 49\n\nheading preceding s 75\namended by 52/1990 s 8\n\ns 75\namended by 103/1976 s 50\n\namended by 52/1990 s 9\n\ns 76\namended by 103/1976 s 51\n\nsubstituted by 15/1984 s 4\n\namended by 52/1990 s 10\n\namended by 32/1993 s 6\n\ns 77\namended by 103/1976 s 52\n\ndeleted by 15/1984 s 4\ns 78\namended by 103/1976 s 53\n\namended by 42/1979 s 14\n\namended by 76/1998 s 4\n14.1.1999\n\ns 78A\namended by 103/1976 s 54\n\ndeleted by 15/1984 s 5\ns 79\nPt 3 Div 7\nheading preceding s 79A inserted by 5/1987 s 3\n\nheading preceding s 79A redesignated as Div 7 heading in pursuance of the Acts Republication Act 1967\ns 79A\ninserted by 5/1987 s 3\ns 79B\ninserted by 5/1987 s 3\ns 79B(1)\n\naverage speed camera location\ninserted by 23/2012 s 4(1)\nowner\ninserted by 20/1999 s 9(a)\nowner registration offence\ninserted by 26/2008 s 28(1)\n\ndeleted by 22/2010 s 86(1)\nphotographic detection device\ndeleted by 8/2003 s 31(a)\nprescribed offence\namended by 20/1999 s 9(b)\n\nsubstituted by 39/1999 s 34(a)\n\nsubstituted by 23/2005 s 6(1)\n\nsubstituted by 26/2008 s 28(2)\n\n(c) deleted by 22/2010 s 86(2)\n\namended by 50/2011 s 4(1)\n\n(d) deleted and (c) inserted in its place by 50/2011 s 4(2)\n\namended by 38/2017 s 37\n\namended by 54/2017 s 13(1)\nred light offence\ninserted by 28/2000 s 3(a)\n\namended by 50/2011 s 4(3)\nregistered owner\nsubstituted by 52/1990 s 11(a)\n\namended by 65/1996 Sch cl 2\n17.11.1997\n\ndeleted by 20/1999 s 9(c)\nregistration\ninserted by 26/2008 s 28(3)\n\ndeleted by 22/2010 s 86(3)\nregistration offence\ninserted by 26/2008 s 28(3)\n\ndeleted by 22/2010 s 86(3)\nspeeding offence\ninserted by 8/2003 s 31(b)\ntraffic arrows, traffic lights and twin red lights\ninserted by 50/2011 s 4(4)\nuninsured motor vehicle\ninserted by 26/2008 s 28(4)\n\ndeleted by 22/2010 s 86(4)\nunregistered motor vehicle\ninserted by 26/2008 s 28(4)\n\ndeleted by 22/2010 s 86(4)\ns 79B(2)\namended by 52/1990 s 11(b)\n\namended by 20/1999 s 9(d)\n\namended by 28/2000 s 3(b)\n\namended by 8/2003 s 31(c)\n\namended by 13/2011 s 38\n\namended by 54/2017 s 13(2), (3)\n\namended by 24/2019 s 14(1)\n\namended by 39/2019 s 6(1)\n\namended by 17/2021 s 56(1)\ns 79B(2a)\ninserted by 28/2000 s 3(c)\n\nsubstituted by 8/2003 s 31(d)\n\namended by 54/2017 s 13(4), (5)\n\namended by 24/2019 s 14(2)—(4)\n\namended by 39/2019 s 6(2)\ns 79B(2ab)\ninserted by 24/2019 s 14(5)\ns 79B(2b)\ninserted by 23/2005 s 6(2)\n\ns 79B(2c)\ninserted by 26/2008 s 28(5)\n\ndeleted by 22/2010 s 86(5)\n\ninserted by 54/2017 s 13(6)\n\namended by 39/2019 s 6(3), (4)\ns 79B(2d)\ninserted by 26/2008 s 28(5)\n\ndeleted by 22/2010 s 86(5)\ns 79B(3)\namended by 52/1990 s 11(c)\n\namended by 20/1999 s 9(d)\n\ns 79B(4)\n\namended by 20/1999 s 9(d), (e)\n\namended by 28/2000 s 3(d)\n\nsubstituted by 8/2003 s 31(e)\n\namended by 26/2008 s 28(6)\ns 79B(4a1)\ninserted by 49/2021 s 12\ns 79B(4a)\ninserted by 28/2000 s 3(e)\n\ndeleted by 8/2003 s 31(e)\n\ninserted by 26/2008 s 28(7)\n\ndeleted by 22/2010 s 86(6)\n\ninserted by 54/2017 s 13(7)\ns 79B(5)\namended by 52/1990 s 11(d)\n\namended by 20/1999 s 9(f)\n\namended by 17/2021 s 56(2)\ns 79B(6)\namended by 52/1990 s 11(e)\n\namended by 20/1999 s 9(f)\n\nsubstituted by 23/2012 s 4(2)\n\ns 79B(6a) and (6b)\ninserted by 53/2003 s 10\n\nsubstituted by 17/2021 s 56(3)\ns 79B(7)\nsubstituted by 8/2003 s 31(f)\n\ns 79B(8)\nsubstituted by 28/2000 s 3(f)\n\nsubstituted by 8/2003 s 31(f)\n\ns 79B(9)\n\namended by 20/1999 s 9(g)\n\ns 79B(9a)\ninserted by 52/1990 s 11(f)\n\ndeleted by 39/1999 s 34(b)\n\ninserted by 8/2003 s 31(g)\n\ndeleted by 41/2009 s 5\ns 79B(10)\namended by 52/1990 s 11(g), (h)\n\namended by 20/1999 s 9(g)\n\namended by 8/2003 s 31(h), (i)\n\namended by 24/2022 s 6(1), (2)\ns 79B(11)\ninserted by 23/2012 s 4(3)\n\namended by 46/2024 s 18\n24.4.2025\ns 79B(12)—(14)\ninserted by 17/2021 s 56(4)\ns 79BA\ninserted by 64/2013 s 16\ns 79C\ninserted by 52/1990 s 12\n\nsubstituted by 8/2003 s 32\ns 79D\ninserted by 50/2011 s 5\ns 79D(1)\ns 79D(2)\nPt 3 Div 8\nheading preceding s 80 substituted by 39/1999 s 35\n\nheading preceding s 80 redesignated as Div 8 heading in pursuance of the Acts Republication Act 1967\ns 80\namended by 103/1976 s 55\n\namended by 30/1994 Sch 4 cl 2(b)(iv)\n\namended by 32/1996 s 2\n\nsubstituted by 39/1999 s 35\nPt 3 Div 9\nheading preceding s 81 inserted by 39/1999 s 35\n\nheading preceding s 81 redesignated as Div 9 heading in pursuance of the Acts Republication Act 1967\ns 81\namended by 103/1976 s 56\n\nsubstituted by 39/1999 s 35\n\ndeleted by 67/1999 s 5\n\ninserted by 5/2016 s 3\ns 82\namended by 103/1976 s 57\n\ninserted by 39/1999 s 35\ns 82(2)\n\nschool bus\nsubstituted by 53/2005 s 9\nvehicle standards\ninserted by 38/2017 s 38\nheading preceding s 82A\ndeleted by 39/1999 s 35\ns 82A\namended by 27/1986 s 12\n\ndeleted by 39/1999 s 35\n\ninserted by 46/2024 s 19\n19.5.2025\ns 83 before substitution by 25/2013\namended by 103/1976 s 58\n\namended by 42/1979 s 15\n\ninserted by 7/2000 s 3\n15.8.2000\ns 83(3)\n\nemergency vehicle\ns 83\nsubstituted by 25/2013 s 4\ns 83A before deletion by 7/2017\n\ns 83A(1)\namended by 103/1976 s 59(a)\ns 83A(2)\namended by 103/1976 s 59(b)\ns 83A(3)\namended by 27/1986 s 13\ns 83A\ndeleted by 7/2017 s 102\n14.7.2017\ns 83A(1) and (2)\nThe amendments to s 83A purportedly made by Sch 1 Pt 5 of 38/2017 are of no effect because that section was repealed before the amendments came into operation.\n\ns 84\namended by 103/1976 s 60\n\ns 85\n\ns 85(1)\namended by 90/1981 s 2(a)\n\namended by 39/1999 s 36(a)\ns 85(2)\namended by 103/1976 s 61\n\namended by 39/1999 s 36(b)\ns 85(3)\ns 85(4)\ndeleted by 90/1981 s 2(b)\ns 86 before substitution by 53/2005\n\ns 86(1)\namended by 15/1984 s 6\n\namended by 10/1993 s 18\n\namended by 57/1997 s 4(a)\n\namended by 39/1999 s 37(a)\ns 86(1a)\ninserted by 57/1997 s 4(b)\n\namended by 39/1999 s 37(a)\ns 86(3)\namended by 57/1997 s 4(c)\ns 86(4)\namended by 57/1997 s 4(d)\ns 86(5)\ninserted by 39/1999 s 37(b)\ns 86\nsubstituted by 53/2005 s 10\n\ndeleted by 13/2006 s 17\nss 86 and 86A\ninserted by 5/2016 s 4\nheading preceding s 87\ndeleted by 39/1999 s 38\ns 87\namended by 103/1976 s 62\ns 88\namended by 103/1976 s 63\n\namended by 10/1993 s 19\n\namended by 88/1994 s 8\n\ns 89\namended by 103/1976 s 64\n\namended by 30/1994 Sch 4 cl 2(b)(v)\n\namended by 32/1996 s 3\n\ns 90\namended by 103/1976 s 65\n\ns 90A\ninserted by 88/1994 s 9\n\nheading preceding s 91\ns 91\n\ns 91(1)\nsubstituted by 99/1981 s 5\ns 91(2)\namended by 103/1976 s 66(a), (b)\n\nsubstituted by 99/1981 s 5\ns 91(3)\namended by 103/1976 s 66(c)\ns 91(4)\n\nladen weight\ndeleted by 103/1976 s 66(d)\ns 92\namended by 103/1976 s 67\n\nheading preceding s 92\nss 92A and 92B\ninserted by 20/1999 s 10\n\ns 93\namended by 103/1976 s 68\n\namended by 10/1993 s 20\n\ns 94\namended by 103/1976 s 69\n\ns 94A\namended by 103/1976 s 70\n\namended by 27/1986 s 14\n\namended by 20/1999 s 11\n\ns 95\namended by 103/1976 s 71\n\ns 96\namended by 103/1976 s 72\n\ns 97\namended by 103/1976 s 73\n\namended by 10/1993 s 21\n\ns 98\namended by 103/1976 s 74\n\ns 99\namended by 103/1976 s 75\n\ns 99A\ninserted by 10/1993 s 22\n\namended by 39/1999 s 42\n\nheading amended by 51/2024 s 8(1)\n\namended by 51/2024 s 8(2)\ns 99B\ninserted by 64/1995 s 7\n\nsubstituted by 39/1999 s 43\ns 99B(3)\ns 100\namended by 103/1976 s 76\n\ns 101\namended by 103/1976 s 77\n\ns 102\namended by 103/1976 s 78\n\namended by 32/1993 s 7\n\ns 103\namended by 103/1976 s 79\n\ns 104\namended by 103/1976 s 80\n\ns 105\namended by 103/1976 s 81\n\nheading preceding s 106\ns 106 before deletion by 13/2006\n\ns 106(1)\namended by 103/1976 s 82(a)\ns 106(2)\namended by 103/1976 s 82(b), (c)\n\namended by 30/1994 Sch 4 cl 2(b)(vi)\n\namended by 54/2003 Sch 1 cl 3\n1.1.2004\ns 106(4)\n\ntraffic device\namended by 39/1999 s 44\ns 106\ndeleted by 13/2006 s 18\ns 107\n\ns 107(1)\ns 107 amended by 103/1976 s 83\n\ns 107 redesignated as s 107(1) by 13/2006 s 19\ns 107(2) and (3)\ninserted by 13/2006 s 19\ns 107A\ninserted by 20/1999 s 12\ns 108\n\ns 108(1)\namended by 103/1976 s 84\n\ns 109\namended by 103/1976 s 85\n\ndeleted by 39/1999 s 45\ns 110\namended by 103/1976 s 86\ns 110AAAA\ninserted by 23/2005 s 7\ns 110AAAA(1)\namended by 54/2017 s 14\ns 110AAAA(2)\ns 110AAAA(3)\n\nemergency vehicle\ns 110AAA\ninserted by 8/2003 s 33\n\nexpired: s 110AAA(3)—omitted under Legislation Revision and Publication Act 2002\n(15.12.2006)\nPt 3AA before substitution by 22/2008\ninserted by 34/1999 s 3\n1.11.1999\ns 110AAB\n\ns 110AAB(2)\n\namended by 26/2008 s 29\ns 110AAC\n\ns 110AAC(1)\ns 110AAC(2)\ns 110AAD\ndeleted by 13/2006 s 20\nPt 3AA before deletion by 35/2013\nsubstituted by 22/2008 s 5\ns 110AA\n\ns 110AA(3)\namended by 13/2011 s 39\ns 110AB\ninserted by 41/2009 s 6\ns 110AB(3)\namended by 13/2011 s 40\ns 110AC\ninserted by 41/2009 s 6\ns 110AC(3)\namended by 13/2011 s 41\nPt 3AA\ndeleted by 35/2013 s 48\nPt 3A\ninserted by 19/1998 s 3\n6.9.1999\ns 110A\n\nState identification plate\ns 110C\n\ns 110C(2)\namended by 26/2008 s 30(1)\ns 110C(3)\namended by 26/2008 s 30(2)\ns 110C(5) and (6)\ns 110C(7)\namended by 13/2006 ss 44(1), 45\n\namended by 35/2013 s 49\n\ns 110C(8)\namended by 17/2021 s 57\ns 110C(11)\nPt 4\nheading substituted by 20/1999 s 13\n\nheading amended by 35/2013 s 50\nPt 4 Div 1 before substitution by 35/2013\nheading preceding s 111 amended by 103/1976 s 87\n\nheading preceding s 111 substituted by 20/1999 s 14\n\nheading preceding s 111 redesignated as Div 1 heading in pursuance of the Acts Republication Act 1967\ns 111\namended by 103/1976 s 88\n\namended by 46/1981 s 13\n\nsubstituted by 20/1999 s 14\ns 112\n\ndeleted by 13/2006 s 21\nPt 4 Div 1\nsubstituted by 35/2013 s 51\nPt 4 Div 2 before substitution by 35/2013\nheading preceding s 113 inserted by 20/1999 s 14\n\nheading preceding s 113 redesignated as Div 2 heading in pursuance of the Acts Republication Act 1967\ns 113\ns 114\n\ndeleted by 13/2006 s 22\nPt 4 Div 2\nsubstituted by 35/2013 s 52\nPt 4 Div 3 before deletion by 35/2013\nheading preceding s 115 inserted by 20/1999 s 14\n\nheading preceding s 115 redesignated as Div 3 heading in pursuance of the Acts Republication Act 1967\ns 115\ns 115(7)\ndeleted by 13/2006 s 23\nheading preceding s 116\n\ndeleted by 39/1999 s 46\ns 116\n\ndeleted by 39/1999 s 46\ns 119\namended by 103/1976 s 89\n\ns 120\ns 121\n\ns 122\namended by 103/1976 s 90\n\ns 124\n\nheading preceding s 126\ns 126\namended by 103/1976 s 91\n\nheading preceding s 132\ns 132\namended by 103/1976 s 92\n\ns 133\ns 134\namended by 15/1984 s 7\n\namended by 85/1985 s 5(a)\n\namended by 66/1996 s 5\n\ns 135\namended by 27/1986 s 15\n\ns 136\ns 137\nsubstituted by 32/1993 s 8\n\ns 138\ns 138A\namended by 103/1976 s 93\n\namended by 99/1981 s 6\n\ns 138B and heading\ndeleted by 99/1981 s 7\nheading preceding s 139\nsubstituted by 25/1989 s 6\n\ns 139\namended by 103/1976 s 94\n\namended by 25/1989 s 7\n\ns 140\ns 141\namended by 42/1979 s 16\n\namended by 51/1997 s 8(a), (b)\n15.1.1998\n\namended by 103/1976 s 95\n\namended by 82/1987 s 2\n\namended by 32/1993 s 9\n\namended by 51/1997 s 8(c)\n15.1.1998\n\ns 142\n\ns 143\ndeleted by 99/1981 s 8\n\ninserted by 25/1989 s 8\n\nheading preceding s 144\ninserted by 12/1991 s 14\n\ns 144\ndeleted by 103/1976 s 97\n\ninserted by 12/1991 s 14\n\ndeleted by 103/1976 s 97\nheading preceding s 146\nsubstituted by 103/1976 s 96\n\nsubstituted by 25/1989 s 9\n\ns 146\namended by 103/1976 s 98\n\ns 147\namended by 103/1976 s 99\n\namended by 42/1979 s 17\n\namended by 99/1981 s 9\n\nPt 4 Div 3\ndeleted by 35/2013 s 53\nPt 4 Div 3A\ninserted by 13/2006 s 24\namended by 35/2013 s 54\ns 116\n\ns 116(1)\namended by 35/2013 s 55(1)—(3)\n\namended by 24/2023 s 16(1)\ns 116(2)\namended by 35/2013 s 55(4)\ns 116(3)\namended by 35/2013 s 55(5)\n116(4)\ninserted by 24/2023 s 16(2)\ns 117\n\ns 117(1)\namended by 35/2013 s 56\ns 118\n\ns 118(1)\namended by 35/2013 s 57\nPt 4 Div 3B\ninserted by 13/2006 s 24\namended by 35/2013 s 58\nPt 4 Div 3B Subdiv 1\n\ns 119\nsubstituted by 35/2013 s 59\ns 120\ndeleted by 35/2013 s 59\nPt 4 Div 3B Subdiv 2 before deletion by 35/2013\nheading substituted by 22/2008 s 6\ns 121\nsubstituted by 22/2008 s 7\nPt 4 Div 3B Subdiv 2\ndeleted by 35/2013 s 60\nPt 4 Div 3B Subdiv 3\n\namended by 35/2013 s 61\nss 123 and 124\nsubstituted by 35/2013 s 62\nss 125—129\ndeleted by 35/2013 s 63\nPt 4 Div 3B Subdivs 4—7\ndeleted by 35/2013 s 64\nPt 4 Div 4\nheading preceding s 148 inserted by 20/1999 s 15\n\nheading preceding s 148 redesignated as Div 4 heading in pursuance of the Acts Republication Act 1967\ns 148 before deletion by 13/2006\ninserted by 25/1989 s 10\ns 148(1) and (2)\namended by 20/1999 s 16(a)\ns 148(3)\ninserted by 20/1999 s 16(b)\ns 148\ns 149 before deletion by 13/2006\ns 149(1)\ndeleted by 20/1999 s 17(a)\ns 149(2)\namended by 20/1999 s 17(b)\ns 149\ns 150\namended by 103/1976 s 100\n\ndeleted by 20/1999 s 18\ns 151\ndeleted by 103/1976 s 101\ns 152\namended by 103/1976 s 102\n\namended by 15/1984 s 8\n\nsubstituted by 82/1987 s 3\n\ns 153 before deletion by 13/2006\n\ns 153(1)\namended by 103/1976 s 103(a)—(c)\n\namended by 42/1979 s 18\n\namended by 20/1999 s 19\ns 153(2)\namended by 103/1976 s 103(d)\n\ns 153\ns 154 before deletion by 13/2006\n\ns 154(1)\namended by 20/1999 s 20\ns 154(2)\namended by 103/1976 s 104\ns 154\ns 155\ndeleted by 103/1976 s 105\ns 156 before deletion by 13/2006\n\ns 156(1)\namended by 103/1976 s 106(a)—(d)\n\namended by 25/1989 s 11\n\namended by 20/1999 s 21\ns 156(2)\namended by 103/1976 s 106(e)\n\ns 156\nheading preceding s 157\ns 157\namended by 103/1976 s 107\n\nsubstituted by 99/1981 s 10\n\ns 158\namended by 103/1976 s 108\n\ndeleted by 99/1981 s 10\nheading preceding s 160\ns 161\namended by 20/1999 s 24\n\ndeleted by 39/1999 s 47\nPt 4 Div 4 Subdiv 1\n\ninserted by 13/2006 s 25\n\namended by 38/2017 s 39\ns 160 redesignated as s 145 by 13/2006 s 26(3)\n\ns 145(1)\n\ninspector\ndeleted by 100/1996 s 3(a)\nsafety risk\ninserted by 52/1999 s 96(e)\n\nsubstituted by 35/2013 s 65(1)\nvehicle\ninserted by 35/2013 s 65(1)\nvehicle registration authority\ninserted by 52/1999 s 96(e)\ns 145(1aa)\ninserted by 37/2002 s 17(a)\n\nsubstituted by 13/2006 s 26(1)\n\namended by 38/2017 s 40\ns 145(1a)\ninserted by 55/1989 s 3(a)\n\namended by 52/1999 s 96(f), (g)\n\nsubstituted by 37/2002 s 17(a)\n\ns 145(1b)\ninserted by 55/1989 s 3(a)\n\namended by 52/1999 s 96(h), (i)\n\nsubstituted by 37/2002 s 17(a)\n\namended by 13/2006 s 44(1), 45\n\ns 145(2)\namended by 42/1979 s 19(a)\n\nsubstituted by 55/1989 s 3(b)\n\namended by 20/1999 s 23(a)\n\namended by 52/1999 s 96(j)\n\namended by 37/2002 s 17(b)\n\ns 145(2a)\nsubstituted by 42/1979 s 19(b)\n\namended by 105/1987 s 4(a)\n\namended by 20/1999 s 23(b)\n\namended by 52/1999 s 96(k)\n\namended by 37/2002 s 17(c)\n\namended by 13/2006 ss 44(1), 45\n\ns 145(3)\namended by 103/1976 s 109(a)\n\namended by 55/1989 s 3(c)\ns 145(3a)\ninserted in pursuance of the Acts Republication Act 1967\n\ndeleted by 13/2006 ss 26(2)\ns 145(4)\nsubstituted by 42/1979 s 19(c)\n\namended by 13/2006 s 44(1), 45\n\namended by 35/2013 s 65(3)\ns 145(4a)\namended by 42/1979 s 19(d)\n\ndeleted by 100/1996 s 3(b)\n\namended by 17/2001 s 24(a)\n\namended by 37/2002 s 17(d)\n\nsubstituted by 35/2013 s 65(4)\ns 145(4b)\n\namended by 17/2001 s 24(b)\ns 145(4c)\n\namended by 17/2001 s 24(c)\n\namended by 37/2002 s 17(e)\n\namended by 35/2013 s 65(5)\ns 145(5)\namended by 20/1999 s 23(c)\n\nsubstituted by 52/1999 s 96(m)\n\namended by 17/2001 s 24(d)\n\namended by 37/2002 s 17(f)\n\namended by 35/2013 s 65(6), (7)\ns 145(5a)\n\namended by 17/2001 s 24(e)\n\namended by 37/2002 s 17(g)\n\namended by 35/2013 s 65(8)\ns 145(5b)\n\namended by 17/2001 s 24(f)\ns 145(5c)\n\namended by 17/2001 s 24(g), (h)\n\namended by 37/2002 s 17(h), (i)\n\namended by 35/2013 s 65(9)—(11)\ns 145(5d)\n\namended by 17/2001 s 24(i)\n\namended by 37/2002 s 17(j)\n\namended by 35/2013 s 65(12)\ns 145(5e)\n\namended by 35/2013 s 65(13)\ns 145(5f)\n\namended by 17/2001 s 24(j)\n\namended by 37/2002 s 17(k)\ns 145(5g)\n\namended by 17/2001 s 24(k)\n\nsubstituted by 37/2002 s 17(l)\n\namended by 35/2013 s 65(14)\ns 145(5h)\n\namended by 35/2013 s 65(15)\ns 145(6)\namended by 103/1976 s 109(b)\ns 145(6a)\ns 145(7)\namended by 15/1984 s 9\n\nsubstituted by 105/1987 s 4(b)\n\nsubstituted by 52/1999 s 96(n)\n\namended by 17/2001 s 24(l)\ns 145(8)\n\ns 145(9) and (10)\ns 145(11)\n\namended by 20/1999 s 23(d)\ns 145(12)—(14)\ns 145(15)\ninserted by 17/2001 s 24(m)\n\nPt 4 Div 4 Subdiv 2\ninserted by 13/2006 s 27\n\nsubstituted by 35/2013 s 66\nPt 4 Div 4 Subdiv 3\ninserted by 13/2006 s 27\n\ndeleted by 35/2013 s 66\nPt 4 Div 5\nheading preceding s 161A inserted by 20/1999 s 25\n\nheading preceding s 161A redesignated as Div 5 heading in pursuance of the Acts Republication Act 1967\ns 161A\n\ns 161A(1)\namended by 103/1976 s 110\n\namended by 27/1986 s 16(a)\n\namended by 35/2013 s 67\ns 161A(2)\ndeleted by 27/1986 s 16(b)\n\ninserted by 13/2006 s 28\ns 162\namended by 103/1976 s 111 \n\namended by 20/1999 s 26\n\ndeleted by 39/1999 s 47\ns 162A\n\ns 162A(1)\namended by 58/1986 s 4(a)\ns 162A(2)\namended by 103/1976 s 112\n\ndeleted by 13/2006 s 29\ns 162A(3)\namended by 58/1986 s 4(b)—(d)\ns 162A(4)\namended by 27/1986 s 17\ns 162AB\namended by 40/1976 s 2 \n\namended by 103/1976 s 113\n\namended by 42/1979 s 20\n\namended by 99/1981 s 11\n\namended by 27/1986 s 18\n\nsubstituted by 58/1986 s 5\n\namended by 74/1988 s 5\n\ndeleted by 39/1999 s 48\ns 162AC\ninserted by 25/1980 s 6\n\ndeleted by 58/1986 s 5\ns 162B\namended by 103/1976 s 114\n\ndeleted by 20/1999 s 27\n\ninserted by 39/1999 s 48\n\nheading amended by 51/2024 s 9(1)\n\namended by 51/2024 s 9(2)\ns 162C\n\ns 162C(1)\namended by 103/1976 s 115\n\nsubstituted by 12/1991 s 15(a)\n\ns 162C(2)\nsubstituted by 12/1991 s 15(a)\n\ns 162C(2a)\ninserted by 12/1991 s 15(a)\n\ns 162C(2b)\ninserted by 12/1991 s 15\n\ndeleted by 39/1999 s 49(b)\ns 162C(2c)\ninserted by 12/1991 s 15(a)\ns 162C(3)\namended by 12/1991 s 15(b)\n\namended by 64/1995 s 8(b)\n\namended by 39/1999 s 49(c), (d)\ns 162C(4)\ninserted by 56/1991 s 2\n\namended by 64/1995 s 8(c)\n\namended by 39/1999 s 49(e)\n\nPt 4 Div 6 before deletion by 35/2013\nheading preceding s 163 redesignated as Div 6 heading in pursuance of the Acts Republication Act 1967\ns 163\n\ns 163(1)\nsubstituted by 103/1976 s 116(a)\n\nsubstituted by 99/1981 s 12(a)\ns 163(1a)\nsubstituted by 103/1976 s 116(a)\n\ndeleted by 91/1982 s 3\ns 163(1b)\ndeleted by 103/1976 s 116(a)\ns 163(2)\ndeleted by 99/1981 s 12(a)\ns 163(3)\namended by 103/1976 s 116(b)\ns 163(4) and (5)\ndeleted by 99/1981 s 12(b)\nPt 4 Div 6\ndeleted by 35/2013 s 68\nPt 4 Div 7\nheading preceding s 163AA inserted by 99/1981 s 13\n\nheading preceding s 163AA redesignated as Div 7 heading in pursuance of the Acts Republication Act 1967\ns 163AA\ninserted by 99/1981 s 13\ns 163AA(1)\namended by 27/1986 s 19(a)\n\ns 163AA(2)\namended by 27/1986 s 19(a)\ns 163AA(3)\ndeleted by 27/1986 s 19(b)\nPt 4A\n\ns 163A\n\ns 163A(1)\n\namended by 30/1994 Sch 4 cl 2(b)(vii)\ns 163A(2) and (3)\ns 163B\namended by 103/1976 s 117\n\namended by 24/1981 s 5\n\namended by 30/1994 Sch 4 cl 2(b)(viii)\n\ndeleted by 39/1999 s 50\ns 163C\n\ns 163C(1)\namended by 99/1981 s 14(a)\n\namended by 91/1982 s 4(a)\n\namended by 58/1986 s 6(a)\n\nsubstituted by 30/1994 Sch 4 cl 2(b)(ix)\ns 163C(1a)\ninserted by 42/1979 s 21\n\nsubstituted by 91/1982 s 4(b)\n\nsubstituted by 30/1994 Sch 4 cl 2(b)(ix)\ns 163C(1b)\ninserted by 91/1982 s 4(b)\n\namended by 30/1994 Sch 4 cl 2(b)(x)\ns 163C(2)\namended by 103/1976 s 118\n\nsubstituted by 99/1981 s 14(b)\n\nsubstituted by 91/1982 s 4(c)\n\nsubstituted by 58/1986 s 6(b)\n\ndeleted by 20/1999 s 28\ns 163C(3)\namended by 53/2005 s 11\n\ns 163D\n\ns 163D(1)\n\nsubstituted by 20/1999 s 29(a)\ns 163D(1a)\ninserted by 20/1999 s 29(a)\ns 163D(2)\namended by 91/1982 s 5(a)\n\ns 163D(3)\namended by 103/1976 s 119(a)\n\nsubstituted by 99/1981 s 15\n\nsubstituted by 91/1982 s 5(b)\ns 163D(3a)\ninserted by 91/1982 s 5(b)\n\ns 163D(5)\nsubstituted by 91/1982 s 5(c)\ns 163D(6)\namended by 103/1976 s 119(b)\n\nsubstituted by 20/1999 s 29(b)\ns 163E\nsubstituted by 91/1982 s 6\n\ns 163E(1)\n\ns 163E(2)\namended by 20/1999 s 30\ns 163E(4)\ns 163F\namended by 99/1981 s 16\n\namended by 91/1982 s 7\n\namended by 20/1999 s 31\ns 163G\n\nsubstituted by 35/2013 s 69\ns 163GA\ninserted by 91/1982 s 8\ns 163GA(1)\nsubstituted by 20/1999 s 32(a)\ns 163GA(1a)\ninserted by 20/1999 s 32(a)\ns 163GA(1b)\ninserted by 53/2005 s 12\ns 163GA(4)\ns 163GA(5)\namended by 20/1999 s 32(b)\n\ns 163GA(6)—(8)\ns 163H\namended by 103/1976 s 120\n\ndeleted by 13/2006 s 31\ns 163I\n(b) deleted by 13/2006 s 32\ns 163J\ninserted by 103/1976 s 121\ns 163J(1)\ns 163K\ninserted by 103/1976 s 121\n\ns 163KA\ninserted by 15/1984 s 10\n\ndeleted by 13/2006 s 33\nPt 4B\ninserted by 24/1981 s 6\n\ndeleted by 30/1994 Sch 4 cl 2(b)(xi)\nPt 4B before deletion by 35/2013\ninserted by 13/2006 s 33\ns 163L\n\napproved officer\nsubstituted by 26/2008 s 31\nPt 4B\ndeleted by 35/2013 s 70\nPt 4C\ninserted by 13/2006 s 33\nPt 5\n\ns 164\ndeleted by 81/2005 s 25\ns 164A\ninserted by 103/1976 s 122\ns 164A(1)\namended by 13/2006 s 34(1)\ns 164A(2)\namended by 91/1982 s 9\n\namended by 39/1999 s 51\n\namended by 13/2006 s 34(2)\ns 164B\ninserted by 99/1981 s 17\n\nsubstituted by 35/2013 s 71\ns 165\n\ninserted by 53/2005 s 13\ns 165(1)\namended by 13/2006 s 35\n\ns 165(2)\ns 165(4)\ninserted by 22/2008 s 8\ns 166\namended by 103/1976 s 123\n\namended by 42/1979 s 22\n\nsubstituted by 13/2006 s 36\ns 167\n\ns 167(2)\namended by 17/2001 s 25\ns 168\n\ns 168(1)\namended by 99/1981 s 18(a)\n\nsubstituted by 13/2006 s 37\ns 168(2)\ndeleted by 103/1976 s 124\n\ninserted by 13/2006 s 37\ns 168(2a)\ninserted by 13/2006 s 37\ns 168(3)\ns 168(4)\namended by 99/1981 s 18(b)\n\ns 168(5)\ninserted by 42/1979 s 23\n\ns 169\namended by 103/1976 s 125\n\namended by 42/1979 s 24\n\namended by 99/1981 s 19\n\namended by 92/1986 s 4\n18.12.1986\n\ndeleted by 39/1999 s 52\ns 169A\ninserted by 103/1976 s 126\n\ns 169B\ninserted by 81/2005 s 26\ns 170\namended by 99/1981 s 20\n\namended by 17/2021 s 58\ns 171\ndeleted by 103/1976 s 127\ns 172\n\ns 172(1)\namended by 99/1981 s 21\n\namended by 17/2021 s 59\ns 173\n\ns 173(1)\namended by 99/1981 s 22\ns 173(3)\ns 173AA before deletion by 35/2013\ninserted by 22/2008 s 9\ns 173AA(4)\ninserted by 41/2009 s 7\ns 173AA\ndeleted by 35/2013 s 72\ns 173A\ninserted by 20/1999 s 33\ns 173A(2)\namended by 13/2006 s 38(1)\ns 173A(3)\ndeleted by 13/2006 s 38(2)\ns 173AB\ninserted by 13/2006 s 39\ns 173AB(1)\namended by 35/2013 s 73\ns 173B\ninserted by 20/1999 s 33\ns 174A\ns 174A(4)\n\ns 174A(4a)\ninserted by 17/2021 s 60(2)\ns 174A(5)\n\namended by 17/2021 s 60(1), (3)\ns 174A(5a) and (5b)\ninserted by 17/2021 s 60(4)\ns 174A(6)\ns 174A(7)\namended by 17/2021 s 60(1), (5)\ns 174A(8)\namended by 17/2021 s 60(6)\ns 174A(9)\ns 174A(9a)\ninserted by 53/2003 s 11\n\ns 174A(10)\namended by 17/2021 s 60(1), (7)\ns 174A(11)\namended by 17/2021 s 60(8)\ns 174A(12) and (13)\ninserted by 17/2021 s 60(9)\ns 174AB\ninserted by 13/2006 s 40\nss 174B and 174C\ns 174D\n\ns 174E\n\namended by 17/2021 s 61(1), (2)\nss 174F\n\ndeleted by 35/2013 s 74\ns 174G\ns 174G(1)\ns 174G(8)\n\npublic agency\nsubstituted by 35/2013 s 75\ns 174H\ns 174I\n\nsubstituted by 35/2013 s 76\nss 174J and 174K\ns 175\n\ns 175(1)\namended by 42/1979 s 25(a), (b)\n\namended by 5/1992 s 5\n\namended by 88/1994 s 10\n\namended by 57/1997 s 5\n\namended by 78/1997 s 5\n\namended by 18/1998 s 7(a)\n\namended by 20/1999 s 34(a)\n\nsubstituted by 39/1999 s 54(a)\n\namended by 13/2006 ss 42(1), (2), 45\n\n(eb) deleted by 35/2013 s 77(1)\n\namended by 35/2013 s 77(2), (3)\n\namended by 25/2013 s 5\n\namended by 17/2021 s 62(1)\ns 175(2)\ndeleted by 20/1999 s 34(b)\n\ninserted by 63/2017 s 32\n\namended by 17/2021 s 62(2)\ns 175(2a)\ninserted by 18/1998 s 7(b)\n\ndeleted by 39/1999 s 54(b)\ns 175(3)\namended by 103/1976 s 128\n\namended by 42/1979 s 25(c), (d)\n\namended by 25/1981 s 2(a)\n\namended by 27/1986 s 20\n\namended by 25/1989 s 12\n\namended by 5/1999 s 2\n\namended by 20/1999 s 34(c)—(e)\n\namended by 8/2003 s 34(a)\n\namended by 13/2006 ss 42(3), 44(1)\n\namended by 26/2008 s 32(1)—(3)\n\namended by 41/2009 s 8(1)\n\namended by 35/2013 s 77(4)\n\n(c) deleted by 35/2013 s 77(5)\n\namended by 41/2018 s 3(1)—(3)\n\namended by 46/2024 s 20\n6.11.2025\n\namended by 32/2023 Sch 1 cl 5\n1.1.2026\ns 175(4)\ninserted by 25/1981 s 2(b)\n\ndeleted by 39/1999 s 54(c)\n\ninserted by 8/2003 s 34(b)\n\namended by 41/2009 s 8(2), (3)\ns 175(5)\ninserted by 13/2006 s 42(4)\n\namended by 35/2013 s 77(6)\ns 175(6) and (7)\ninserted by 13/2006 s 42(4)\ns 175A\ninserted by 23/2012 s 5\ns 175A(3)\namended by 38/2017 s 41\ns 175B\ninserted by 24/2022 s 7\ns 176\n\ns 176(1)\namended by 103/1976 s 129(a)—(d)\n\namended by 45/1979 s 4(a)—(d)\n\namended by 99/1981 s 23\n\namended by 91/1982 s 10\n\namended by 15/1984 s 11\n\namended by 27/1986 s 21(a)\n\namended by 25/1989 s 13\n\namended by 52/1990 s 13\n\namended by 10/1993 s 23\n\namended by 32/1993 s 10\n\namended by 88/1994 s 11\n\namended by 64/1995 s 9\n\namended by 57/1997 s 6\n\namended by 20/1999 s 35(a)—(k)\n\nsubstituted by 39/1999 s 55(a)\ns 176(1a)\ninserted by 39/1999 s 55(a)\n\namended by 13/2006 ss 43(1), (2), 44(2)\n\namended by 22/2008 s 10(1)\n\namended by 13/2011 s 42(1), (2)\n\namended by 22/2010 s 87\n\n(ga) deleted by 35/2013 s 78(1)\n\namended by 12/2017 s 9\n\namended by 24/2019 s 15\n\namended by 17/2021 s 63(1)\ns 176(2)\ndeleted by 103/1976 s 129(e)\n\ninserted by 34/1996 s 4 (Sch cl 30)\n\namended by 20/1999 s 35(b), (l), (m)\n\ndeleted by 26/2008 s 33\ns 176(2a)\ninserted by 22/2008 s 10(2)\n\namended by 13/2011 s 42(2)\n\ndeleted by 35/2013 s 78(2)\ns 176(3)\n\namended by 20/1999 s 35(a)\n\namended by 39/1999 s 55(b)\ns 176(4)\namended by 27/1986 s 21(b)\n\namended by 20/1999 s 35(b)\ns 176(4aa)\ninserted by 7/2000 s 4\n15.8.2000\ns 176(4a)\ninserted by 39/1999 s 55(c)\ns 176(5)\nsubstituted by 20/1999 s 35(n)\ns 176(5a)\ninserted by 20/1999 s 35(n)\ns 176(5b)\ninserted by 20/1999 s 35(n)\n\namended by 23/2012 s 6\ns 176(6)\ninserted by 45/1979 s 4(e)\n\namended by 20/1999 s 35(b)\n\ndeleted by 39/1999 s 55(d)\ns 176(7) and (8)\ninserted by 39/1999 s 55(e)\ns 176(9)\ninserted by 17/2021 s 63(2)\ns 177\namended by 39/1999 s 56\nSch 1\n\ninserted by 77/2005 s 18\ncl 1\n\napproved courier\ninserted by 8/2009 s 40(1)\nMetropolitan Adelaide\ndeleted by 17/2021 s 64(1)\nsubstituted by 5/2010 Sch 1 cl 26\n\namended by 229/2018 Sch 1 cl 5\n1.12.2018\n\ndeleted by 17/2021 s 64(1)\ncl 1A\ninserted by 8/2009 s 40(2)\nPt 2\n\namended by 63/2017 s 33(1)\ncl 2\n\namended by 8/2009 s 40(3)\n\namended by 63/2017 s 33(2)\n\namended by 17/2021 s 64(2)—(4)\ncl 3\n\ndeleted by 17/2021 s 64(5)\ncl 4\ncl 6\n\ncl 6(2)\n\nsubstituted by 17/2021 s 64(6)\ncl 6(3)\namended by 17/2021 s 64(7)\ncl 7\n\namended by 8/2009 s 40(4)\n\namended by 63/2017 s 33(3), (4)\n\namended by 17/2021 s 64(8)\ncl 8\n\ncl 8(1)\namended by 26/2010 s 3(1)\n\nsubstituted by 17/2021 s 64(9)\ncl 8(2)\namended by 26/2010 s 3(2)\n\nsubstituted by 17/2021 s 64(9)\ncl 8(3)\n\ndeath or bodily injury caused by or arising out of the use of a motor vehicle\ninserted by 26/2010 s 3(3)\nnominal defendant\ninserted by 26/2010 s 3(3)\ncl 9\namended by 8/2009 s 40(5)\nSch 2\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n5—Transitional provision\nAn Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.\nRoad Traffic (Road Rules) Amendment Act 1999\n57—Transitional provision\nAn exemption from a provision of the Local Government (Parking) Regulations 1991 granted by a council under Part 22A of the Local Government Act 1934 and in force at the commencement of this section is to be taken to be an exemption granted by the council under section 174C of the principal Act authorising the activity authorised by the former exemption subject to any conditions to which the former exemption was subject.\n58—Report on operation of amended Act and Australian Road Rules\nThe Minister must, within six sitting days after the first anniversary of the date of commencement of this Act, cause a report on the operation of the principal Act as amended by this Act and the Australian Road Rules to be laid before each House of Parliament.\nRoad Traffic (Alcohol Interlock Scheme) Amendment Act 2000\n9—Report on operation of amendments\nThe Minister must, within six sitting days after the second anniversary of the date of commencement of section 50 of the Road Traffic Act 1961 as inserted by this Act, cause a report on the operation of the Road Traffic Act 1961 as amended by this Act and the Motor Vehicles Act 1959 as amended by this Act to be laid before each House of Parliament.\nStatutes Amendment (Transport Portfolio) Act 2001\n26—Transitional provisions\n\t(1)\tAn approval of the Governor issued for the purposes of the definition of alcotest in section 47A of the principal Act before the commencement of section 17 continues to operate as such an approval for the purposes of that definition as substituted by section 17.\n\t(2)\tAn amendment to the principal Act effected by a provision of this Part does not apply in relation to an offence committed before the commencement of that provision.\nRoad Traffic (Drug Driving) Amendment Act 2005, Pt 3\n19—Review of operation of Act\n\t(1)\tThe Minister must cause a review to be undertaken and a report prepared on the first year's operation of the Road Traffic Act 1961 as amended by this Act in relation to drug testing.\n\t(2)\tThe review and report must be completed not later than 15 months after the date of commencement of this section.\n\t(3)\tThe Minister must cause a copy of the report under subsection (1) to be laid before both Houses of Parliament within 6 sitting days after receiving it.\nRoad Traffic (Notices of Licence Disqualification or Suspension) Amendment Act 2006, Sch 1—Transitional provision\n\tThe amendments to the Road Traffic Act 1961 effected by this Act apply in relation to a notice given, or purportedly given, under section 45B or 47IAA of that Act before or after the commencement of this Act (but not so as to affect any proceedings determined before the commencement of this Act).\nRoad Traffic (Use of Test and Analysis Results) Amendment Act 2010, Sch 1\n1—Transitional provision\nThe amendments made by this Act to the Road Traffic Act 1961 apply in respect of civil proceedings whether commenced before or after the commencement of this Act.\nRoad Traffic (Emergency Service Speed Zones) Amendment Act 2013\n6—Review of operation of Act\n\t(1)\tThe Minister must cause a review of the operation of the provisions of the Road Traffic Act 1961 enacted or amended by this Act to be conducted, and a report on the results of the review to be submitted to him or her.\n\t(2)\tThe review must be completed, and the report submitted to the Minister, before the third anniversary of the commencement of this section.\n\t(3)\tThe Minister must, within 12 sitting days after receiving the report under this section, cause copies of the report to be laid before both Houses of Parliament.\nRoad Traffic (Roadworks) Amendment Act 2017, Sch 1—Transitional provision\n\tAn approval of the Minister given under Part 2 Division 2 of the Road Traffic Act 1961 before the commencement of this Act continues in operation after the commencement of this Act and has effect, in relation to a work area or work site in existence at the commencement of this Act, as if it were a permit or approval (as the case may require) referred to in section 20(4) of that Act as substituted by this Act.\nStatutes Amendment (South Eastern Freeway Offences) Act 2019, Sch 1—Transitional provisions\n1—Interpretation\nIn this Schedule—\nSouth Eastern Freeway offence means—\n\t(a)\tan offence against section 45C of the Road Traffic Act 1961; or\n\t(b)\tan offence against section 79B of the Road Traffic Act 1961 constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of an offence against section 45C(1) of the Road Traffic Act 1961.\n2—Transitional provision\nThe provisions of the Motor Vehicles Act 1959 and the Road Traffic Act 1961 as amended by this Act do not apply in respect of a South Eastern Freeway offence committed or allegedly committed before the commencement of this Act (and the provisions of the Motor Vehicles Act 1959 and the Road Traffic Act 1961 as in force at the time of the offence or alleged offence will apply instead).\nMotor Vehicles (Previous Offences) Amendment Act 2024, Sch 1 Pt 2—Transitional provisions etc\n5—Application of amendments to Road Traffic Act 1961\nSections 47B and 47BA of the Road Traffic Act 1961 as amended by this Act apply in relation to an alleged offence if the relevant time (within the meaning of those sections as amended by this Act) for the alleged offence occurs after the commencement of Part 1 of this Schedule.\nHistorical versions\nReprint No 1—15.11.1991\n\nReprint No 2—28.11.1991\n\nReprint No 3—1.6.1992\n\nReprint No 4—6.7.1992\n\nReprint No 5—30.4.1993\n\nReprint No 6—4.11.1993\n\nReprint No 7—1.2.1994\n\nReprint No 8—1.7.1994\n\nReprint No 9—1.8.1994\n\nReprint No 10—5.1.1995\n\nReprint No 11—1.2.1996\n\nReprint No 12—2.5.1996\n\nReprint No 13—3.2.1997\n\nReprint No 14—1.7.1997\n\nReprint No 15—10.7.1997\n\nReprint No 16—17.11.1997\n\nReprint No 17—11.12.1997\n\nReprint No 18—15.1.1998\n\nReprint No 19—5.2.1998\n\nReprint No 20—20.7.1998\n\nReprint No 21—3.9.1998\n\nReprint No 22—22.10.1998\n\nReprint No 23—14.1.1999\n\nReprint No 24—11.3.1999\n\nReprint No 25—27.5.1999\n\nReprint No 26—6.9.1999\n\nReprint No 27—1.11.1999\n\nReprint No 28—1.12.1999\n\nReprint No 29—15.8.2000\n\nReprint No 30—9.7.2001\n\nReprint No 31—16.7.2001\n\nReprint No 32—27.5.2002\n\nReprint No 33—29.6.2002\n\nReprint No 34—1.12.2002\n\nReprint No 35—5.7.2003\n\nReprint No 36—19.9.2003\n\nReprint No 37—15.12.2003\n\nReprint No 38—1.1.2004\n\n1.12.2005 (electronic only)\n\n15.12.2006 (electronic only)\n\n25.9.2008 (electronic only)\n\n30.6.2011 (electronic only)\n\n26.1.2014\n\n14.7.2017\n\n8.3.2018 (electronic only)\n\n24.4.2018 (electronic only)\n\n30.4.2018\n\n1.12.2018 (electronic only)\n\n21.11.2019\n\n30.11.2020\n\n24.4.2025\n\n19.5.2025\n\n6.11.2025\n\n","sortOrder":31}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"No scope assessment is possible — the actual text of the Road Traffic Act 1961 (SA) was not supplied. Only a website error page was provided, containing no legislative provisions to evaluate."},"complexity_factors":["No legislative content was provided — the submission contains only a website error page","There is nothing to legally analyse, interpret, or assess for complexity","The only 'content' present is navigation links and a broken bookmark notice"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation content you've submitted isn't actually the text of the **Road Traffic Act 1961 (SA)** — instead, it's a **'Page Not Found' error message** from the South Australian legislation website. The actual law could not be retrieved, likely due to a broken or outdated link following a website update in March 2026.\n\n**What this means for you:** No analysis of the Road Traffic Act 1961 (SA) can be provided based on this content. To access the actual legislation, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for the Road Traffic Act 1961."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":1077},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1961 focus on 'duties of road users' and 'vehicle standards' to encompass: (1) sophisticated drug and alcohol testing regimes with forensic procedures; (2) average speed camera enforcement and owner-liability schemes; (3) mutual recognition of interstate sanctions; (4) emergency vehicle exemptions and aircraft landing provisions; (5) anti-victimisation protections for whistleblowers; and (6) complex administrative enforcement powers rivalling criminal investigation statutes. The enforcement framework in Part 2 Division 5 alone (sections 40C–41O) constitutes a major expansion beyond traditional traffic regulation into quasi-criminal investigative powers."},"complexity_factors":["Extensive cross-referencing between Parts, Divisions and Subdivisions (e.g., sections 40C–40Z nested within Division 5)","Multiple overlapping offence categories with tiered penalties (first/subsequent offences, basic/aggravated offences, categories 1–3 for drink driving)","47 defined terms in section 5 alone, with many more throughout","Conditional logic with multiple exceptions — e.g., section 47E drink driving defences require specific procedural steps","Nested exceptions to exceptions — e.g., section 47EAA drug testing with alternative blood/oral fluid pathways","Heavy integration with external instruments: Australian Road Rules, Heavy Vehicle National Law, Motor Vehicles Act 1959, regulations and Gazette notices","Evidentiary presumptions and reverse onus provisions throughout (e.g., sections 175, 175A)","Complex temporal calculations for disqualification periods, offence history windows (3-year vs 5-year periods), and warrant validity (45 days)","Detailed procedural requirements for blood and oral fluid sampling with chain-of-custody rules (Schedule 1)","Multiple liability frameworks: driver liability, owner/operator liability, corporate liability with nomination mechanisms"],"plain_english_summary":"This is South Australia's **Road Traffic Act 1961**, the state's primary law governing road use and vehicle safety.\n\n**What it does:**\n\nThe Act creates a comprehensive framework for road safety and traffic management across six main areas:\n\n1. **Road user duties** — Sets out obligations for drivers, riders, passengers and pedestrians, including:\n   - Stopping and assisting after accidents causing injury or death (section 43)\n   - Careless, dangerous and reckless driving offences (sections 45–46)\n   - Drink and drug driving prohibitions with mandatory testing powers (sections 47–47I)\n   - Speed limits, including special rules near school buses, breakdown vehicles and emergency scenes (sections 82, 82A, 83)\n\n2. **Vehicle standards and safety** — Establishes rules for:\n   - Light vehicle design, construction and equipment standards (Part 4)\n   - Mass, dimension and loading requirements\n   - Seat belts, child restraints and safety helmets (sections 162A–162C)\n   - Vehicle identification plates to prevent theft and fraud (Part 3A)\n\n3. **Traffic control and road management** — Provides for:\n   - Installation and maintenance of traffic signs, signals and devices (Division 2 of Part 2)\n   - Temporary road closures for events, emergencies and aircraft use (sections 32–34)\n   - Work area speed limits and permits (section 20)\n\n4. **Enforcement powers** — Grants extensive powers to police and authorised officers including:\n   - Stopping, searching and inspecting vehicles (sections 40H–40Z)\n   - Moving or removing unattended or broken-down vehicles (sections 40N–40P)\n   - Entering premises and seizing evidence (sections 40S–40T)\n   - Requiring personal details, records and information (sections 40V–40X)\n\n5. **Photographic and speed detection** — Regulates:\n   - Speed cameras and other photographic detection devices (sections 79A–79D)\n   - Average speed enforcement between camera locations (section 175A)\n   - Owner liability for offences detected by camera (section 79B)\n\n6. **Interstate recognition** — Allows administrative actions and court orders from other Australian jurisdictions to have effect in South Australia (Part 2A)\n\n**Who it affects:**\n\n- **All road users** — drivers, motorcyclists, cyclists, pedestrians and passengers\n- **Vehicle owners and operators** — including businesses operating vehicle fleets\n- **Local councils** — responsible for many traffic control devices and parking management\n- **Police and authorised officers** — who exercise extensive enforcement powers\n- **Heavy and light vehicle industries** — subject to specific safety and compliance requirements\n\n**Why it matters:**\n\nThis Act underpins daily road safety in South Australia. It establishes the legal basis for speed limits, drink driving enforcement, vehicle safety standards, and the powers police use during traffic stops. The mutual recognition provisions ensure consistent treatment of interstate drivers, while the detailed enforcement framework balances public safety with protections against unreasonable search and seizure."},"flash_summary":{"complexity_score":10,"scope_assessment":{"changed":true,"description":"The original 1961 Act was a relatively straightforward law dealing with basic duties of road users and traffic offences. Over time, it has been expanded significantly to include: comprehensive vehicle standards and mass/loading requirements (Part 4), national road rules adoption (Part 3 Division 8), mutual recognition of other jurisdictions' actions (Part 2A), extensive enforcement powers for authorised officers (Part 2 Division 5), photographic detection devices (Division 7), and detailed drink/drug driving provisions (Division 5). The Central Inspection Authority (Part 4A) and compensation orders for road damage (Part 4C) were also added. The scope has grown from a simple traffic code into a sprawling regulatory framework covering vehicle safety, road infrastructure, and cross-border law enforcement."},"complexity_factors":["Very long Act with over 200 sections plus schedules and extensive legislative history","More than 100 defined terms in the interpretation section (s5)","Multiple cross-references to other South Australian Acts (Motor Vehicles Act, Heavy Vehicle National Law, etc.) and to national laws (Australian Road Rules)","Nested divisions and subdivisions (e.g., Part 2 Division 5 has 9 subdivisions)","Complex offence structures with categories (e.g., drink driving offences have category 1, 2, 3) and aggravated variants","Detailed procedural rules for enforcement, including powers of entry, search, seizure, and warrants","Extensive evidentiary presumptions and certificate-based proof provisions","Multiple layers of regulation (primary Act, regulations, rules, and fee notices)","Historical amendments spanning decades, with many provisions amended multiple times","Schedules with separate procedural rules (e.g., Schedule 1 on oral fluid and blood sample processes)"],"plain_english_summary":"The Road Traffic Act 1961 is the main law governing road use in South Australia. It sets out the rules for everyone who uses roads: drivers, riders, pedestrians, and passengers. The Act covers a wide range of matters including:\n\n- **Road rules**: It adopts the Australian Road Rules, which regulate things like speed limits, traffic lights, give-way rules, parking, and driver behaviour.\n- **Vehicle safety standards**: It requires that vehicles meet certain design, construction, and maintenance standards, and that light vehicles comply with mass, dimension, and load-restraint requirements.\n- **Offences and penalties**: It creates offences for dangerous driving, drink driving, drug driving, careless driving, excessive speed, and failing to stop after an accident. Penalties range from fines to imprisonment and licence disqualification.\n- **Enforcement powers**: It gives police and other authorised officers extensive powers to stop vehicles, inspect vehicles and premises, seize documents, and conduct alcohol and drug tests.\n- **Mutual recognition**: It allows administrative actions and court orders from other Australian jurisdictions to be recognised in South Australia.\n- **Traffic control devices**: It regulates the installation and maintenance of signs, signals, and other traffic control devices.\n- **Photographic detection devices**: It permits the use of speed cameras and red-light cameras, and sets out how evidence from these devices can be used in court.\n\nThis Act affects all South Australians who drive, ride, or walk on roads, as well as vehicle owners, operators, and businesses involved in road transport. It matters because it aims to keep roads safe and ensure consistent enforcement across the country."}},"importantCases":[],"_links":{"self":"/api/acts/road-traffic-act-1961","history":"/api/acts/road-traffic-act-1961/history","analysis":"/api/acts/road-traffic-act-1961/analysis","conflicts":"/api/acts/road-traffic-act-1961/conflicts","importantCases":"/api/acts/road-traffic-act-1961/important-cases","documents":"/api/acts/road-traffic-act-1961/documents"}}