{"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15\n\n\\[1\\]–\\[15\\] (Repealed)","sortOrder":3},{"sectionNumber":"16","sectionType":"section","heading":"Part 7.4, Division 2A","content":"#### 16 Part 7.4, Division 2A\n\n\\[16\\] Part 7.4,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":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act introduces a new Division allowing Transport for NSW to mandate driver education programs for alcohol/drug offences, expanding the range of sanctions beyond fines and licence suspensions."},"complexity_factors":["Short act with only a few operative sections","Includes conditional logic for extension of licence suspension period","Cross-references to specific offence sections (110, 111, 111A, 112)","Minor amendments to definitions and rule-making powers"],"plain_english_summary":"This Act amends the Road Transport Act 2013 to allow Transport for NSW to require people found guilty of certain alcohol or drug-related driving offences (such as drink driving) to complete an education program. The requirement can also apply to those who paid a penalty notice for these offences. The person must complete the program within a specified period. If they fail to do so, their driver licence can be suspended until they complete it. Also, any existing licence suspension or cancellation period is extended until the program is satisfactorily completed. The Act also updates the definition of 'appealable decisions' and rule-making powers to include these education programs."},"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."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]}},"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"}}