{"id":"nsw:act-2018-054","name":"Road Transport Legislation Amendment (Penalties and Other Sanctions) Act 2018","slug":"road-transport-legislation-amendment-penalties-and-other-sanctions-act-2018","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"54 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29200,"registerId":"nsw-act-2018-054-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Road Transport Legislation Amendment (Penalties and Other Sanctions) Act 2018](/view/html/inforce/current/act-2018-054).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":1},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Amendment of Road Transport Act 2013 No 18","content":"# Schedule 1 Amendment of Road Transport Act 2013 No 18\n\nSchedule 1 Amendment of [Road Transport Act 2013 No 18](/view/html/inforce/current/act-2013-018)\n\n**sch 1:** Am 1987 No 15, sec 30C; 2021 No 3, Sch 2.6\\[1\\]–\\[3\\].","sortOrder":2},{"sectionNumber":"15","sectionType":"section","heading":null,"content":"#### 15\n\n\\[1\\]–\\[15\\] (Repealed)","sortOrder":3},{"sectionNumber":"16","sectionType":"section","heading":"Part 7.4, Division 2A","content":"#### 16 Part 7.4, Division 2A\n\n\\[16\\] Part 7.4, Division 2A\n\n> Insert after Division 2—","sortOrder":4},{"sectionNumber":"Division 2A","sectionType":"division","heading":"Driver education programs relating to alcohol or other drugs","content":"## Division 2A Driver education programs relating to alcohol or other drugs\n\nDivision 2A Driver education programs relating to alcohol or other drugs","sortOrder":5},{"sectionNumber":"215C","sectionType":"section","heading":"Education program for alcohol and other drug related driving offences","content":"#### 215C Education program for alcohol and other drug related driving offences\n\n215C Education program for alcohol and other drug related driving offences\n\n> > (1) Transport for NSW may, by notice in writing, require a person to undertake an alcohol or other drug education program specified in the notice if the person—\n> > \n> > > (a) has been found guilty of an offence against section 110, 111, 111A or 112, or\n> > \n> > > (b) committed an offence against section 110 or 111 that was dealt with by way of penalty notice.\n> \n> > (2) A notice under this section must specify the period within which the alcohol or other drug education program must be undertaken and must contain any other matters specified in the statutory rules.\n> \n> > (3) The person to whom a notice is given under this section must undertake the program within the period specified by the notice or any longer period that Transport for NSW may allow.\n> \n> > (4) Any period of licence suspension, cancellation or other licence ineligibility relating to a person required to undertake an alcohol or other drug education program by a notice given under this section is extended until such time as the person has undertaken, and passed to the satisfaction of Transport for NSW, the alcohol or other drug education program.\n> \n> > (5) Transport for NSW may, by notice in writing given to a person who fails to undertake an alcohol or other drug education program in accordance with this section, suspend any driver licence held by the person until such time as the person undertakes the program to the satisfaction of Transport for NSW.","sortOrder":6},{"sectionNumber":"20","sectionType":"section","heading":null,"content":"#### 20\n\n\\[17\\]–\\[20\\] (Repealed)","sortOrder":7},{"sectionNumber":"21","sectionType":"section","heading":"Section 266 Definitions","content":"#### 21 Section 266 Definitions\n\n\\[21\\] Section 266 Definitions\n\n> Insert after paragraph (e) of the definition of appealable decision in section 266 (1)—\n> \n> > > (e1) a decision of Transport for NSW to suspend a person’s driver licence under section 215C,","sortOrder":8},{"sectionNumber":"22","sectionType":"section","heading":"Schedule 1 Examples of statutory rule-making powers","content":"#### 22 Schedule 1 Examples of statutory rule-making powers\n\n\\[22\\] Schedule 1 Examples of statutory rule-making powers\n\n> Insert at the end of clause 1 (2) (p)—\n> \n> > > , and\n> > \n> > > (q) without limiting paragraph (n) or (o), alcohol or other drug education programs to be undertaken by holders of driver licences who have been found guilty of, or have been issued a penalty notice in respect of, an offence under this Act or the statutory rules relating to the use of alcohol or other drugs.","sortOrder":9},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Amendment of other legislation","content":"# Schedule 2 Amendment of other legislation\n\nSchedule 2 Amendment of other legislation\n\n2.1–2.4\n\n(Repealed)\n\n**sch 2:** Am 1987 No 15, sec 30C.","sortOrder":10}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available document, there is no evidence that the scope changed from its original intent. The Act appears consistent with its title — amending road transport legislation to adjust penalties and sanctions. However, the limited content of the provided document means a definitive assessment of scope drift cannot be made with confidence."},"complexity_factors":["Amending Act structure — it modifies multiple existing Acts rather than standing alone, requiring cross-referencing of other legislation to understand full effect","Staged commencement — different provisions took effect at four different dates between 2018 and 2021, creating complexity about which rules apply when","Not all provisions have commenced — some sections may still not be in force, adding uncertainty","Limited substantive content provided — the document is primarily a status/metadata page, making it impossible to assess the full complexity of the underlying amendments","Automatic repeal mechanism — amending provisions are subject to automatic repeal once amendments take effect, which can make it harder to trace legislative history"],"plain_english_summary":"## Road Transport Legislation Amendment (Penalties and Other Sanctions) Act 2018 (NSW)\n\n**What is this?**\nThis is a NSW law that amends (changes) existing road transport legislation to update **penalties and other sanctions** (consequences for breaking the rules) in the road transport system.\n\n**Who does it affect?**\nAnyone who drives, operates, or is involved with road transport in New South Wales — including everyday drivers, truck operators, transport companies, and anyone who may face fines or other consequences under NSW road transport laws.\n\n**What does it do?**\n- Updates the penalties and sanctions that apply under existing NSW road transport laws — this could include things like increased fines, licence sanctions, or other consequences for road transport offences.\n- The Act works by making changes to other existing Acts (it is an \"amending Act\"), meaning it doesn't stand alone — it modifies laws that are already in place.\n- It was progressively rolled out in stages, with different parts taking effect at different times between October 2018 and February 2021.\n- **Note:** Not all provisions (sections) of this Act have commenced — meaning some parts may not yet be in effect.\n\n**Why does it matter?**\nIf you drive or operate vehicles in NSW, changes to penalties could mean higher fines or stricter consequences for certain road transport offences. The staged commencement also means the rules changed at different times, which can be confusing.\n\n**Important limitation:** The document provided is largely a metadata/status page from the NSW legislation website, with very limited detail about the *specific* changes made. The full content of the amendments is not included here, so a complete analysis of every specific change is not possible from this document alone."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The amendment expands the Road Transport Act 2013 by adding Division 2A (s215C) that empowers Transport for NSW to require certain drivers to undertake alcohol or other drug education programs, to specify timeframes and other notice particulars (to be detailed in statutory rules), to extend existing licence suspensions until a person has completed and passed a program (s215C(4)), and to suspend licences for non-compliance (s215C(5)). It also adds that suspension under s215C is an appealable decision (s266(1)(e1)) and explicitly permits statutory rules to specify such education programs (Schedule 1, cl 1(2)(q))."},"complexity_factors":["Introduction of new administrative power to require education programs (s215C(1))","Discretion for Transport for NSW to set periods, allow extensions and determine whether a person has 'passed' (s215C(2)–(4))","Licence-suspension mechanics that extend existing suspensions until program completion (s215C(4)–(5))","Dependence on statutory rules for program content and notice particulars, shifting substantive detail to delegated legislation (s215C(2); Schedule 1, cl 1(2)(q))","Addition of the suspension decision to the list of appealable decisions (s266(1)(e1))"],"plain_english_summary":"What the amendment changes (mechanically)\n\n- The amendment inserts a new Division 2A into Part 7.4 of the Road Transport Act 2013 which gives Transport for NSW a written-notice power to require particular drivers to undertake an alcohol or other drug education program (s215C(1)).\n- The notice must state the period within which the program must be completed and may include other matters required by statutory rules (s215C(2)).\n- The person must complete the program within the period specified or any extended period that Transport for NSW allows (s215C(3)).\n- Any existing period of licence suspension, cancellation or other licence ineligibility that applies to a person who is required to do a program is extended until the person has undertaken and been judged to have passed the program to the satisfaction of Transport for NSW (s215C(4)).\n- If a person fails to undertake the program in accordance with the notice, Transport for NSW may suspend any driver licence held by the person until the program is undertaken to its satisfaction (s215C(5)).\n- The amendment adds a decision by Transport for NSW to suspend a person’s driver licence under s215C to the list of appealable decisions (inserting paragraph (e1) into s266(1)).\n- The amendment also expands the statutory rule-making examples to expressly include alcohol or other drug education programs for licence holders who have been found guilty of, or issued a penalty notice for, relevant offences (Schedule 1, cl 1(2)(q)).\n\nWho is affected\n\n- People found guilty of offences under ss110, 111, 111A or 112, and people who committed an offence under ss110 or 111 that was dealt with by way of a penalty notice, may be required to undertake an education program (s215C(1)(a)–(b)).\n- Transport for NSW is given the administrative authority to require programs, set time limits, judge whether a person has passed, and to suspend licences for non-compliance (s215C(1)–(5)).\n- Persons affected gain the right to appeal a suspension under the added appealable-decision paragraph in s266(1)(e1).\n\nWhy it matters (practical effects, incentives and costs)\n\n- Compliance burden and timing: A person required to undertake a program must do so within a specified period or an extended period allowed by Transport for NSW (s215C(2)–(3)). If they do not, their licence may be suspended until they comply (s215C(5)).\n- Extension of existing suspensions: If a person already has a licence suspension, cancellation or ineligibility that relates to the offence, that period is explicitly extended until the person has completed and passed the education program to Transport for NSW’s satisfaction (s215C(4)). That mechanically lengthens the time a person may be unable to hold or use a licence.\n- Administrative discretion: Transport for NSW has multiple discretionary decisions: whether to give a written notice requiring a program (s215C(1)), what period to specify (s215C(2)), whether to allow an extension (s215C(3)), whether a person has passed the program (s215C(4)), and whether to suspend a licence for non-compliance (s215C(5)). Those decisions are administrative and subject to appeal as specified (s266(1)(e1)).\n- Rule-making and implementation details: The Act empowers statutory rules to set additional matters for notices and to specify the education programs themselves (Schedule 1, cl 1(2)(q); s215C(2)). The practical content, delivery, fees, accreditation/approval processes and who bears the cost are not set out in s215C itself; those operational details are to be supplied by statutory rules or administrative practice.\n- Effects on service provision and private actors: By creating a formal requirement for certain people to undertake specified programs, the amendment creates potential demand for education-program delivery. The Act does not itself specify whether programs will be delivered by government agencies, contracted providers, or private operators; those arrangements and any approval or procurement rules would be implemented through statutory rules or administrative decisions (s215C(2); Schedule 1, cl 1(2)(q)).\n\nTrade-offs, risks and implementation issues to note (mechanisms, not judgements)\n\n- Concentration of costs: The person required to undertake the program bears the compliance obligation. The Act does not state who pays for program delivery or enrolment; absence of a fee rule in s215C means costs may be determined under statutory rules or administrative arrangements (s215C(2)).\n- Opportunity cost and labour effects: Extending licence suspensions until completion and passing of the program (s215C(4)) can prolong periods when an affected person cannot drive for work or other purposes. That is a direct mechanical effect of the extension provision.\n- Discretion and reviewability: The Act centralises several judgement calls with Transport for NSW (s215C(1)–(5)); however, the decision to suspend a licence under s215C is listed as appealable (s266(1)(e1)), creating a route for review.\n- Rule-dependence: Key implementation details (program content, administrative requirements for notices, and other matters) are to be specified by statutory rules (s215C(2); Schedule 1, cl 1(2)(q)). The effectiveness and burdens of the regime will therefore depend substantially on those rules and on how Transport for NSW exercises its discretion.\n\nSource citations (selected): s215C(1)–(5); s266(1) insertion (e1); Schedule 1, clause 1(2)(q)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of adding alcohol and drug education requirements for impaired driving offences. The amendments are surgical — inserting one new Division and making consequential amendments to definitions and regulation-making powers. There is no scope creep beyond the stated intent of penalties and sanctions for road transport offences."},"complexity_factors":["Single substantive amendment inserting one new Division (Division 2A) with only one operative section (215C)","Minimal cross-referencing — only refers to existing offence sections (110, 111, 111A, 112) and adds one definition to section 266","Straightforward conditional structure: if convicted/fined → notice issued → program required → suspension extended until completion","Only 5 subsections in the main operative provision with clear sequential logic","No nested exceptions or complex deeming provisions","Amendments to other sections are purely mechanical (inserting references to new section 215C)"],"plain_english_summary":"This law introduces mandatory alcohol and drug education programs for drink and drug drivers in New South Wales.\n\n**What it does:**\n- **Creates a new power** for Transport for NSW to order convicted drink or drug drivers to complete an education program about alcohol or drug use\n- **Covers specific offences** including driving under the influence (sections 110, 111, 111A, and 112 of the Road Transport Act 2013)\n- **Applies even to penalty notices** — so drivers who get a fine (rather than going to court) can still be ordered to do the course\n\n**Key consequences for drivers:**\n- If you're ordered to do the program, your licence suspension or disqualification period **doesn't end until you complete and pass the course**\n- You must finish within the timeframe set by Transport for NSW (or any extension they grant)\n- If you fail to do the program, Transport for NSW can **suspend your licence indefinitely** until you comply\n\n**Why it matters:**\nThis is a \"stick\" approach to road safety — rather than just fining people or taking their licences away temporarily, the government now forces offenders to demonstrate rehabilitation through education before they can legally drive again. It tightens the screws on repeat offenders and those who might otherwise ignore the seriousness of impaired driving.\n\n**Who it affects:**\n- Anyone convicted of (or fined for) serious drink or drug driving offences in NSW\n- Transport for NSW staff who administer the program\n- Courts and legal practitioners dealing with traffic matters"}},"importantCases":[],"_links":{"self":"/api/acts/road-transport-legislation-amendment-penalties-and-other-sanctions-act-2018","history":"/api/acts/road-transport-legislation-amendment-penalties-and-other-sanctions-act-2018/history","analysis":"/api/acts/road-transport-legislation-amendment-penalties-and-other-sanctions-act-2018/analysis","conflicts":"/api/acts/road-transport-legislation-amendment-penalties-and-other-sanctions-act-2018/conflicts","importantCases":"/api/acts/road-transport-legislation-amendment-penalties-and-other-sanctions-act-2018/important-cases","documents":"/api/acts/road-transport-legislation-amendment-penalties-and-other-sanctions-act-2018/documents"}}