Part 5Supplementary provisions

Part 5—Supplementary provisions 164A—Offences and penalties (1) A person who contravenes or fails to comply with— (a) a provision of this Act; or (b) a condition or restriction specified in a permit, approval or exemption granted under this Act, (2) A 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. 164B—Approval or exemption does not operate in favour of person who contravenes a condition (1) If 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. (2) If, by virtue of subsection (1)— (a) a person is guilty of an offence against section 161A(1); or (b) a person is guilty of an offence against the provision of this Act from which the person was exempted by an exemption, the 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. approval means an approval granted by the Minister under section 161A(1); exemption means an exemption granted by the Minister under this Act. 165—False statements (1) A 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. Maximum penalty: $10 000 or imprisonment for 6 months. (2) On 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. (3) This section applies to written and oral statements, and in respect of written and oral applications and requests. (4) To 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. 166—Double jeopardy (1) A 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. (2) Despite 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. 167—Causing or permitting certain offences (1) A 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. (2) This 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. 168—Power of court to make orders relating to licences or registration (1) A court that convicts a person of— (a) an offence against this Act relating to motor vehicles; or (b) an 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, may do one or more of the following: (c) order that the person be disqualified from holding or obtaining a driver's licence for a period fixed by the court or until further order; (d) order 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; (e) order that a driver's licence held by the person be modified for a period fixed by the court or until further order; (f) order 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; (g) order 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. (2) If 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. (2a) An order under this section operates by force of this Act and takes effect either immediately or from a later specified date. (3) If 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. (4) Despite anything in this Act or in the Motor Vehicles Act 1959 a person— (a) may 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 (b) will for all purposes be taken to be the holder of a driver's licence while being so tested. (5) If 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. 169A—Power to postpone commencement of disqualification If, 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. 169B—Effect of imprisonment on disqualification (1) If, 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— (a) on 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 (b) if, 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. (2) Subsection (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. 170—Disqualification where vehicle used for criminal purposes If 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. 172—Removal of disqualification (1) If 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. (2) An 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. 173—Appeals and suspension of disqualification (1) A 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. (2) Pending the hearing and determination of any such appeal, the operation of any such order may be suspended— (a) in 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; (b) in the case of an order made by the Supreme Court, by a judge of that Court. (3) An order of suspension may be made before or after the institution of the appeal, but does not have effect until the defendant— (a) has duly instituted the appeal and paid the appropriate court fees; and (b) has 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. 173A—Defence relating to registered owner or operator (1) In 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— (a) that before the relevant time the ownership of the vehicle had been transferred to some other specified person; or (b) that the person was wrongly registered or recorded as an owner of the vehicle. (2) In 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. 173AB—Further defences (1) It is a defence to a charge for an offence against this Act if the person charged establishes that the conduct constituting the offence was— (a) authorised or excused by or under a law; or (b) done in compliance with a direction given by an authorised officer or an Australian Authority or a delegate of an Australian Authority; or (c) done in response to circumstances of emergency. (2) The defence under subsection (1)(c) applies only if the person charged reasonably believed that— (a) circumstances of emergency existed; and (b) committing the offence was the only reasonable way to deal with the emergency; and (c) the conduct was a reasonable response to the emergency. (3) Nothing in this section affects any other defence available at law. 173B—Service of notices etc on owners of vehicles If 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. 174—Liability when hired vehicles driven for hire (a) the 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 (b) while 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, that 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. industrial 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. 174A—Liability of vehicle owners and expiation of certain offences owner, in relation to a vehicle, has the meaning assigned to the term by section 5, and includes the operator of the vehicle; prescribed offence means an offence against a prescribed provision of this Act. (2) Without 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. (3) The 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. (4) An 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— (a) setting out the name and address of the driver; or (b) if 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). (4a) If 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. (5) Before 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— (a) setting out particulars of the alleged prescribed offence; and (b) inviting 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). (5a) A 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. (5b) If 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. (6) Subsection (5) does not apply to— (a) proceedings commenced where an owner has elected under the Expiation of Offences Act 1996 to be prosecuted for the offence; or (b) proceedings commenced against an owner of a vehicle who has been named in a nomination under this section as the driver of the vehicle. (7) Subject to subsection (8), in proceedings against the owner of a vehicle for an offence against this section, it is a defence to prove— (a) that, 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 (b) that the owner provided the informant with a nomination in accordance with an invitation under this section. (8) The 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. (9) If— (a) an expiation notice is given to a person named as the alleged driver in a nomination under this section; or (b) proceedings are commenced against a person named as the alleged driver in such a nomination, the 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. (9a) The 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. (10) In 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. (11) In 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. (12) A nomination under this section must be made in a manner and form approved by the Minister. (13) A 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. Maximum penalty: $25 000 or imprisonment for 4 years. 174AB—Marking of tyres for parking purposes (1) An 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. (2) A person must not, without proper authority, erase a mark made under subsection (1). Maximum penalty: $750. 174B—Further offence for continued parking contravention If 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— (a) in 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 (b) in 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 (c) in any other case—for each hour that the contravention continues. Maximum penalty: $500. 174C—Council may grant exemptions from certain provisions (1) A 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. (2) An 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. 174D—Proceedings for certain offences may only be taken by certain officers or with certain approvals No 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. 174E—Presumption as to commencement of proceedings In 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. 174G—Dismissal or other victimisation of employee or contractor assisting with or reporting breaches (1) An 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— (a) has assisted or has given any information to a public agency in respect of a breach or alleged breach of an Australian road law; or (b) has 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. (2) An 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— (a) has assisted or has given any information to a public agency in respect of a breach or alleged breach of an Australian road law; or (b) has 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. (a) the person engages in conduct that results in a contravention of subsection (1); and (b) the person is an employer of the person concerned. (a) the person engages in conduct that results in a contravention of subsection (2); and (b) the person is an employer or prospective employer of the person concerned. (5) In 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. (6) If 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: (a) an 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; (b) an order that— (i) the 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 (ii) the 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. (7) The maximum amount of damages cannot exceed the monetary jurisdictional limit of the court in civil proceedings. contractor means a natural person who works under a contract for services; public agency means— (a) an Australian authority; or (b) an authorised officer or police officer of any jurisdiction; or (c) any other public authority of any jurisdiction. 174H—False or misleading information provided between responsible persons (1) A person is guilty of an offence if— (a) the person is a responsible person and provides information to another responsible person; and (b) the 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 (c) the 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. information means information in any form, whether written or not. 174I—Amendment or revocation of directions or conditions (1) Subject 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. (2) An authorised officer who is not a police officer cannot amend or revoke a direction given, or conditions imposed, by a police officer. 174J—Minister may provide information to corresponding Authorities (1) The Minister may provide information to a corresponding Authority about— (a) any action taken by the Minister under any road law; or (b) any information obtained under this Act, including any information contained in any records, devices or other things inspected or seized under this Act. (2) This section neither affects nor is affected by section 41L. 174K—Contracting out prohibited (1) A term of any contract or agreement that purports to— (a) exclude, limit or modify the operation of this Act or of any provision of this Act; or (b) require the payment or reimbursement by a person of all or part of any penalty that another has been ordered to pay under this Act, is void to the extent that it would otherwise have that effect. (2) A person commits an offence if the person requires or proposes that another agree to a term of a kind referred to in subsection (1). 175—Evidence (1) In proceedings for an offence against this Act, an allegation in an information that— (a) a specified place was a road or road-related area, or a specified kind or portion of road or road-related area; or (ab) a specified length of road was, during a specified period, an emergency service speed zone within the meaning of section 83; or (b) a specified vehicle was parked in a specified place; or (c) a specified traffic control device was on, above or near a specified place; or (d) a traffic control device was of a specified form or was operating in a specified way; or (e) a specified vehicle was a prescribed vehicle within the meaning of section 47A; or (ea) a specified vehicle was a vehicle of a specified kind or had a specified GCM or GVM; or (f) a specified person was an authorised officer; or (fa) a specified person had specified powers under this Act; or (g) a specified person was or was not the holder of a specified exemption, permit or approval; or (h) a specified provision was a condition of a specified exemption, permit or approval; or (i) a specified person was the owner, operator, person in charge or driver of a specified vehicle, is proof of the matters so alleged in the absence of proof to the contrary. (2) In 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. (3) In proceedings for an offence against this Act— (a) a statement produced by the prosecution and purporting to be signed by an authorised officer and stating— (i) the mass of a vehicle with or without its load; or (ii) the mass carried on an axle, or axle group, of a vehicle; or (iii) the dimensions or measurements of a vehicle or its load, or any part of a vehicle or its load; or (iv) that a wheel or tyre of a vehicle is of a specified type or class; or (v) that a vehicle has, or does not have, a specified mechanical part, or system, of a specified type or class, is proof of the fact so stated in the absence of proof to the contrary; (ab) a 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; (ac) a 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; (b) a 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— (i) in the case of a stopwatch—throughout the 14 day period following and the 14 day period preceding the day of the test; or (ii) in the case of a speedometer—throughout the 3 month period following and the 3 month period preceding the day of the test, for 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; (ba) a 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; (baaa) a 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— (i) the appropriate Australian Standard for testing the analyser as in force on the day of testing; or (ii) if there was no appropriate Australian Standard for testing the analyser in force on the day of testing—the manufacturer's specifications, 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 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; (baa) a 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— (i) the appropriate Australian Standard for testing the analyser as in force on the day of testing; or (ii) if there was no appropriate Australian Standard for testing the analyser in force on the day of testing—the manufacturer's specifications, and 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); (bb) a 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. (4) For 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. (5) In any proceedings under or for the purposes of a road law— (a) a 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 (b) a 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 (c) a 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 (d) a 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, constitutes proof of the fact so certified in the absence of proof to the contrary. (6) Transport documentation or journey documentation is admissible in any proceedings under or for the purposes of a road law and is prima facie evidence of— (a) the identity and status of the parties to the transaction to which it relates; and (b) the destination or intended destination of the load to which it relates. (7) The reference in subsection (6) to the status of parties includes a reference to their status as responsible persons in relation to the transaction. 175A—Average speed evidence (1) This section applies to proceedings for a prescribed road law speeding offence. (2) Evidence 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. (3) The Minister may, by notice in the Gazette, specify— (a) 2 average speed camera locations; and (b) the fastest practicable route between those 2 locations; and (c) the shortest distance that a vehicle could travel along that route between the 2 locations, and the Minister may, by subsequent notice in the Gazette, vary or revoke a notice given under this subsection. (4) For the purposes of proceedings to which this section applies— (a) where 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 (b) where a vehicle appears from average speed camera evidence to have travelled between 2 such average speed camera locations— (i) the 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 (ii) the average speed of the vehicle between the 2 locations, calculated by reference to— (A) that shortest distance along that fastest practicable route; and (B) the time taken for the vehicle to travel between the locations, expressed 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 (iii) subject 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. (5) Where 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. (6) If, 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— (a) more than 1 person drove the vehicle between the 2 locations; and (b) the defendant has previously furnished to the Commissioner of Police, in accordance with the regulations, a statutory declaration stating either— (i) the name and address of each person other than the defendant who drove the vehicle between the 2 locations; or (ii) the 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 (c) in 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 (d) that 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, the court may determine that subsection (4)(b)(ii) and (iii) do not apply in relation to the proceedings against that defendant. (7) Evidence referred to in subsection (6)(c) and (d) must be given orally on oath. (8) A person— (a) may 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— (i) the 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 (ii) the person has expiated such an offence and the allegation relating to the offence was based on such evidence of actual speed; and (b) may 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— (i) the 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 (ii) the person has expiated such an offence and the allegation relating to the offence was based on such evidence of average speed. (9) The Governor may, by regulation— (a) make 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 (b) regulate the manner in which distances between 2 average speed camera locations may be determined; and (c) regulate 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). average 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; average 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; fastest 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; prescribed road law speeding offence means a road law offence defined by the regulations as a road law speeding offence; shortest 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. 175B—Evidence relating to use of devices in or on vehicles (1) This section applies to the following: (a) a device use offence; (b) an 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. (2) Evidentiary provisions— (a) relating to evidence obtained through the operation of a prescribed photographic detection device; and (b) facilitating proof of the commission of an offence to which this section applies, (including presumptions that may be rebutted by the defendant), may be prescribed by regulation or rule under this section. (3) Nothing in this section derogates from any other power under this Act to prescribe evidentiary provisions to facilitate proof of offences. (4) In this section— device 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; prescribed photographic detection device means a photographic detection device prescribed by the regulations for the purposes of this section. 176—Regulations, rules and fee notices (1) The Governor may make such regulations and rules as are contemplated by, or necessary or expedient for the purposes of, this Act. (1a) The regulations or rules may— (a) provide defences for persons charged with offences; and (b) confer 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 (c) empower 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 (d) provide 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 (e) prescribe exemptions (which may be conditional or unconditional) from any provision of this Act; and (f) provide 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 (g) prescribe 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 (ga) provide for the waiver, reduction or remission of any prescribed fees; and (gb) approve 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 (h) prescribe transitional provisions; and (i) impose penalties, not exceeding $5 000, for offences against the regulations or rules; and (j) fix expiation fees, not exceeding $2 500, for alleged offences against this Act. (3) For the purpose of enabling traffic experiments to be conducted, the Governor may make regulations or rules— (a) suspending or amending any of the provisions of this Act; (b) prescribing 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. Any 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. (4) A discretionary power may be conferred on the Minister or any other person or body of persons by regulation or rule made under this Act. (4aa) Regulations 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. (4a) The 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. (5) The 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. (5a) If the regulations or rules make some provision by reference to a standard, code or specification— (a) a 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 (b) in 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. (5b) The 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. (7) Subsections (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). (8) The 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. (9) The Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019. 177—Inconsistency of by-laws If 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. Schedule 1—Oral fluid and blood sample processes 1—Interpretation In this Schedule— approved courier means a person approved by the Commissioner of Police as a courier for the purposes of this Schedule; forensic material means any human material from which the person from whom the material was taken could be identified. 1A—Approval of couriers The Commissioner of Police may, by notice in the Gazette— (a) approve a person as a courier for the purposes of this Schedule; or (b) revoke an approval under paragraph (a). Part 2—Processes relating to blood samples under Part 3 Division 5 2—Blood sample processes generally The following provisions apply if a sample of blood is taken under Part 3 Division 5: (a) a medical practitioner or registered nurse by whom a sample of blood is taken must— (i) place 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 (ii) give 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— (A) advising that the sample has been taken under the relevant section; and (B) advising 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 (C) containing any other information prescribed by the regulations; and (iii) complete and sign a certificate containing the information required under paragraph (d); and (iv) make the containers and the certificate available to a police officer; (b) each 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; (c) it 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; (d) the certificate referred to in paragraph (a) must state— (i) the identification number of the sample marked on the containers referred to in that paragraph; and (ii) the name and address of the person from whom the sample was taken; and (iii) the name of the medical practitioner or registered nurse by whom the sample was taken; and (iv) the date, time and place at which the sample was taken; and (v) that 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; (e) one of the containers containing the sample must— (i) as 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 (ii) be kept available at that place for collection by or on behalf of the person for the period prescribed by the regulations; (f) after 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: (i) the identification number of the sample marked on the container; (ii) the name and professional qualifications of the analyst; (iii) the date on which the sample was received in the laboratory in which the analysis was performed; (iv) the concentration of alcohol or other drug found to be present in the blood; (v) any 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; (vi) any other information relating to the sample or analysis or both that the analyst thinks fit to include; (g) on completion of an analysis of a sample— (i) the 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— (A) the Minister; and (B) the medical practitioner or registered nurse by whom the sample was taken; and (ii) copies of the certificates referred to in paragraph (g)(i) must be sent to— (A) the Commissioner of Police; and (B) the person from whom the sample was taken or, if the person is dead, a relative or personal representative of the deceased; (h) if 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. 4—Police officer to be present when blood sample taken The taking of a sample of blood under section 47E(4a), 47EAA(2) or 47EAA(11) must be in the presence of a police officer. 5—Cost of blood tests under certain sections The taking of a sample of blood under section 47E(4a), 47EAA(2), 47EAA(11) or 47I must be at the expense of the Crown. 6—Provisions relating to medical practitioners etc (1) No 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. (2) A 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. (3) A 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. (4) A 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. (5) No proceedings can be commenced against a medical practitioner for an offence against subclause (4) unless those proceedings have been authorised by the Attorney‑General. (6) An 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. Part 3—Processes relating to oral fluid samples under section 47EAA 7—Oral fluid sample processes The following provisions apply if a sample of oral fluid is taken under section 47EAA(2): (a) the police officer who takes a sample of oral fluid for the purposes of an oral fluid analysis must— (i) place 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 (ii) give to the person from whom the sample was taken a notice in writing— (A) advising that the sample has been taken under section 47EAA(2); and (B) advising 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 (C) containing any other information prescribed by the regulations; and (iii) complete and sign a certificate containing the information required under paragraph (d); (b) each 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; (c) it 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; (d) the certificate referred to in paragraph (a) must state— (i) the identification number of the sample marked on the containers referred to in that paragraph; and (ii) the name and address of the person from whom the sample was taken; and (iii) the identification number of the police officer by whom the sample was taken; and (iv) the date, time and place at which the sample was taken; and (v) that the police officer gave the notice referred to in that paragraph to the person from whom the sample was taken; (e) one of the containers containing the sample must— (i) as 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 (ii) be kept available at that place for collection by or on behalf of the person for the period prescribed by the regulations; (f) after 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: (i) the identification number of the sample marked on the container; (ii) the name and professional qualifications of the analyst; (iii) the date on which the sample was received in the laboratory in which the analysis was performed; (iv) the information required by the regulations in relation to any prescribed drug or drugs found to be present in the sample; (v) any 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; (vi) any other information relating to the sample or analysis or both that the analyst thinks fit to include; (g) on 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— (i) to the Commissioner of Police; and (ii) to the person from whom the sample was taken or, if the person is dead, a relative or personal representative of the deceased; (h) if 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. Part 4—Other provisions relating to oral fluid or blood samples under Part 3 Division 5 8—Oral fluid or blood sample or results of analysis etc not to be used for other purposes (1) A 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— (a) for a purpose contemplated by this Act (including for the purpose of civil proceedings of a kind referred to in subclause (2)(b)); or (b) for 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— (i) the 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 (ii) DNA analysis of a sample is not conducted. (2) The 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— (a) proceedings for— (i) an offence against this Act; or (ii) an offence against the Motor Vehicles Act 1959; or (iii) a driving‑related offence; or (iv) an offence against the Controlled Substances Act 1984; or (b) if 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). (3) In this clause— death 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; nominal defendant has the same meaning as in Part 4 of the Motor Vehicles Act 1959; proceedings for a driving-related offence means proceedings for an offence where the conduct with which the defendant is charged involves driving a vehicle. 9—Destruction of oral fluid or blood sample taken under Part 3 Division 5 The 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— (a) if 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 (b) if such proceedings are commenced within the period allowed—when the proceedings (including any proceedings on appeal) are finally determined or discontinued. Legislative history Notes • This version is comprised of the following: 1.1.2026 Schedule 1 • Amendments of this version that are uncommenced are not incorporated into the text. • Please 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. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Legislation repealed by principal Act The Road Traffic Act 1961 repealed the following: Road Traffic Act 1934 Road Traffic Act Amendment Act 1936 Road Traffic Act Amendment Act 1938 Road Traffic Act Amendment Act 1939 Road Traffic Act Amendment Act (No. 2) 1939 Road Traffic Act Amendment Act (No. 3) 1939 Road Traffic Act Amendment Act 1940 Road Traffic Act Amendment Act 1941 Road Traffic Act Amendment Act (No. 2) 1941 Road Traffic Act Amendment Act 1942 Road Traffic Act Amendment Act (No. 2) 1942 Road Traffic Act Amendment Act 1943 Road Traffic Act Amendment Act 1944 Road Traffic Act Amendment Act (No. 2) 1944 Road Traffic Act Amendment Act 1945 Road Traffic Act Amendment Act (No. 2) 1945 Road Traffic Act Amendment Act 1946 Road Traffic Act Amendment Act 1947 Road Traffic Act Amendment Act (No. 2) 1947 Road Traffic Act Amendment Act 1948 Road Traffic Act Amendment Act 1950 Road Traffic Act Amendment Act 1951 Road Traffic Act Amendment Act 1952 Road Traffic Act Amendment Act (No. 1) 1953 Road Traffic Act Amendment Act (No. 2) 1953 Road Traffic Act Amendment Act 1954 Road Traffic Act Amendment Act 1955 Road Traffic Act Amendment Act (No. 2) 1955 Road Traffic Act Amendment Act 1956 Road Traffic Act Amendment Act 1957 Road Traffic Act Amendment Act 1958 Road Traffic Act Amendment Act 1959 Road Traffic Board Act 1960 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Road Traffic Act 1961 16.11.1961 16.11.1961: s 2(1) except ss 4—177 & Schs—30.8.1962 (Gazette 30.8.1962 p493) Road Traffic Act Amendment Act (No. 2) 1963 28.11.1963 28.11.1963 Road Traffic Act Amendment Act 1963 12.12.1963 12.12.1963 Road Traffic Act Amendment Act 1964 15.10.1964 15.10.1964 Road Traffic Act Amendment Act (No. 2) 1964 5.11.1964 5.11.1964 Road Traffic Act Amendment Act 1966 24.2.1966 24.2.1966 Road Traffic Act Amendment Act (No. 2) 1966 18.8.1966 18.8.1966 Road Traffic Act Amendment Act (No. 3) 1967 13.4.1967 13.4.1967 Road Traffic Act Amendment Act (No. 2) 1967 12.10.1967 23.11.1967 (Gazette 23.11.1967 p2269) Road Traffic Act Amendment Act 1969 18.12.1969 8.1.1970 (Gazette 8.1.1970 p2) Road Traffic Act Amendment Act 1971 11.11.1971 11.11.1971 Road Traffic Act Amendment Act 1972 7.9.1972 1.1.1973 (Gazette 21.12.1972 p2723) Road Traffic Act Amendment Act (No. 2) 1972 7.12.1972 1.8.1973 (Gazette 19.7.1973 p286) Road Traffic Act Amendment Act 1973 13.12.1973 1.7.1974 (Gazette 13.6.1974 p2330) Road Traffic Act Amendment Act 1974 21.3.1974 1.7.1974: s 2 Road Traffic Act Amendment Act (No. 2) 1974 8.8.1974 8.8.1974 Road Traffic Act Amendment Act (No. 3) 1974 24.10.1974 1.2.1975 (Gazette 19.12.1974 p3766) Statute Law Revision Act (No. 2) 1974 21.11.1974 21.11.1974 Road Traffic Act Amendment Act (No. 5) 1974 Road Traffic Act Amendment Act (No. 6) 1974 1.3.1975 (Gazette 13.2.1975 p506) Road Traffic Act Amendment Act (No. 2) 1975 20.3.1975 1.3.1975: s 2 Road Traffic Act Amendment Act 1975 27.3.1975 1.1.1976 (Gazette 11.12.1975 p3137) Road Traffic Act Amendment Act (No. 3) 1975 3.4.1975 3.4.1975 Road Traffic Act Amendment Act 1976 Road Traffic Act Amendment Act (No. 2) 1976 Road Traffic Act Amendment Act (No. 3) 1976 16.12.1976 1.3.1977 (Gazette 3.2.1977 p274) Road Traffic Act Amendment Act 1979 15.3.1979 1.4.1979 (Gazette 29.3.1979 p834) Road Traffic Act Amendment Act (No. 2) 1979 15.3.1979 1.7.1979 (Gazette 24.5.1979 p1498) Road Traffic Act Amendment Act 1980 17.4.1980 1.6.1980 (Gazette 22.5.1980 p1372) Road Traffic Act Amendment Act (No. 2) 1980 17.4.1980 1.6.1980 (Gazette 22.5.1980 p1372) Road Traffic Act Amendment Act (No. 3) 1980 18.12.1980 1.3.1981 (Gazette 22.1.1981 p170) Road Traffic Act Amendment Act 1981 19.3.1981 (Gazette 19.3.1981 p745) Road Traffic Act Amendment Act (No. 2) 1981 Road Traffic Act Amendment Act (No. 3) 1981 18.6.1981 (Gazette 18.6.1981 p1840) Road Traffic Act Amendment Act (No. 4) 1981 Road Traffic Act Amendment Act (No. 5) 1981 7.1.1982 (Gazette 7.1.1982 p4) Road Traffic Act Amendment Act 1982 repealed by 25/1989 1.7.1982 repealed by 25/1989 without coming into operation Road Traffic Act Amendment Act (No. 2) 1982 14.10.1982 5.7.1984 (Gazette 5.7.1984 p2) except ss 3—8 & 10—1.7.1985 (Gazette 20.6.1985 p2182) Road Traffic Act Amendment Act 1984 3.5.1984 5.7.1984 (Gazette 5.7.1984 p2) Road Traffic Act Amendment Act (No. 2) 1984 10.5.1984 17.6.1984 (Gazette 14.6.1984 p1567) Statute Law Revision Act 1984 24.5.1984 Sch 5—1.1.1985 (Gazette 13.12.1984 p1811) Road Traffic Act Amendment Act (No. 3) 1984 29.11.1984 1.1.1985 (Gazette 20.12.1984 p1883) Road Traffic Act Amendment Act 1985 30.5.1985 1.7.1985 (Gazette 20.6.1985 p2182) except s 10—uncommenced Road Traffic Act Amendment Act (No. 2) 1985 Road Traffic Act Amendment Act (No. 3) 1985 19.9.1985 2.12.1985 (Gazette 21.11.1985 p1542) Road Traffic Act Amendment Act 1986 20.3.1986 1.7.1986 (Gazette 26.6.1986 p1636) Road Traffic Act Amendment Act (No. 2) 1986 11.9.1986 1.12.1986 (Gazette 30.10.1986 p1483) Road Traffic Act Amendment Act (No. 4) 1986 2.10.1986 1.1.1987 (Gazette 20.11.1986 p1638) Road Traffic Act Amendment Act (No. 3) 1986 4.12.1986 18.12.1986 (Gazette 18.12.1986 p1876) Road Traffic Act Amendment Act 1987 12.3.1987 1.7.1988 (Gazette 30.6.1988 p2050) Road Traffic Act Amendment Act (No. 2) 1987 Road Traffic Act Amendment Act (No. 3) 1987 17.12.1987 1.7.1988 (Gazette 30.6.1988 p2051) Road Traffic Act Amendment Act 1988 7.4.1988 1.7.1988: s 2 Road Traffic Act Amendment Act (No. 2) 1988 14.4.1988 26.5.1988 (Gazette 26.5.1988 p1332) Statutes Amendment and Repeal (Sentencing) Act 1988 5.5.1988 Pt 10 (ss 70—76)—1.1.1989 (Gazette 15.12.1988 p2009) Road Traffic Act Amendment Act (No. 3) 1988 24.11.1988 1.1.1989 (Gazette 15.12.1988 p2004) Road Traffic Act Amendment Act 1989 27.4.1989 1.7.1989 (Gazette 29.6.1989 p1756) Road Traffic Act Amendment Act (No. 2) 1989 4.5.1989 14.8.1989 (Gazette 27.7.1989 p182) Road Traffic Act Amendment Act (No. 3) 1989 26.10.1989 28.3.1990 (Gazette 8.3.1990 p659) Road Traffic Act Amendment Act 1990 Road Traffic Act Amendment Act (No. 2) 1990 22.11.1990: 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) Road Traffic (Alcohol, Speed and Helmets) Amendment Act 1991 28.3.1991 1.7.1991 (Gazette 9.5.1991 p1484) Road Traffic (Coin-operated Breath Machines) Amendment Act 1991 Road Traffic (Safety Helmet Exemption) Amendment Act 1991 Motor Vehicles (Licences and Demerit Points) Amendment Act 1992 5.3.1992 1.6.1992 (Gazette 28.5.1992 p1512) Road Traffic (Prescribed Vehicles) Amendment Act 1992 26.3.1992 1.6.1992 (Gazette 30.4.1992 p1278) Statutes Amendment (Illegal Use of Motor Vehicles) Act 1992 21.5.1992 6.7.1992 (Gazette 2.7.1992 p209) Road Traffic (Pedal Cycles) Amendment Act 1993 25.3.1993 30.4.1993 (Gazette 29.4.1993 p1476) Road Traffic (Miscellaneous) Amendment Act 1993 13.5.1993 4.11.1993 (Gazette 4.11.1993 p2176) Road Traffic (Breath Analysis) Amendment Act 1993 27.10.1993 1.2.1994 (Gazette 20.1.1994 p76) Passenger Transport Act 1994 26.5.1994 Sch 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) Road Traffic (Miscellaneous) Amendment Act 1994 15.12.1994 5.1.1995 (Gazette 5.1.1995 p5) Road Traffic (Small-Wheeled Vehicles) Amendment Act 1995 10.8.1995 1.2.1996 (Gazette 7.12.1995 p1556) Statutes Amendment (Drink Driving) Act 1995 7.12.1995 Pt 4 (ss 13—16)—4.4.1996 except s 17—18.4.1996 (Gazette 4.4.1996 p1886) Road Traffic (Directions at Level Crossings) Amendment Act 1996 Road Traffic (Exemption of Traffic Law Enforcement Vehicles) Amendment Act 1996 Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996 Sch (cl 30)—3.2.1997 (Gazette 19.12.1996 p1923) Motor Vehicles (Trade Plates) Amendment Act 1996 15.8.1996 Sch—17.11.1997 (Gazette 13.11.1997 p1280) Road Traffic (Miscellaneous) Amendment Act 1996 15.8.1996 6.11.1997 (Gazette 6.11.1997 p1164) Road Traffic (Inspection) Amendment Act 1996 19.12.1996 1.7.1997 (Gazette 26.6.1997 p3051) Road Traffic (U-Turns at Traffic Lights) Amendment Act 1997 Motor Vehicles (Farm Implements and Machines) Amendment Act 1997 31.7.1997 s 8—15.1.1998 (Gazette 8.1.1998 p4) Road Traffic (Expressways) Amendment Act 1997 31.7.1997 11.12.1997 (Gazette 11.12.1997 p1601) Road Traffic (Speed Zones) Amendment Act 1997 18.12.1997 5.2.1998 (Gazette 5.2.1998 p862) Road Traffic (School Zones) Amendment Act 1998 2.4.1998 20.7.1998 (Gazette 16.7.1998 p122) Road Traffic (Vehicle Identifiers) Amendment Act 1998 2.4.1998 6.9.1999 (Gazette 26.8.1999 p955) Road Traffic (Miscellaneous) Amendment Act 1998 as amended by 28/2000 3.9.1998 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 Road Traffic (Road Events) Amendment Act 1998 17.12.1998 14.1.1999 (Gazette 14.1.1999 p378) Road Traffic (Proof of Accuracy of Devices) Amendment Act 1999 Road Traffic (Miscellaneous) Amendment Act 1999 1.4.1999 1.12.1999 (Gazette 25.11.1999 p2436) Road Traffic (Driving Hours) Amendment Act 1999 24.6.1999 1.11.1999 (Gazette 23.9.1999 p1208) Road Traffic (Road Rules) Amendment Act 1999 5.8.1999 1.12.1999 (Gazette 11.11.1999 p2254) Motor Vehicles (Miscellaneous) Amendment Act 1999 12.8.1999 s 96—9.7.2001 (Gazette 5.7.2001 p2536) Motor Vehicles (Heavy Vehicles Speeding Control Scheme) Amendment Act 1999 18.11.1999 s 5—9.7.2001 (Gazette 5.7.2001 p2536) Road Traffic (Miscellaneous) Amendment Act 2000 20.4.2000 15.8.2000 (Gazette 3.8.2000 p360) Road Traffic (Red Light Camera Offences) Amendment Act 2000 29.6.2000 31.8.2000 (Gazette 24.8.2000 p592) except s 3—29.6.2002 (s 7(5) Acts Interpretation Act 1915) Road Traffic (Alcohol Interlock Scheme) Amendment Act 2000 21.12.2000 ss 1—7 & 9—16.7.2001 (Gazette 12.7.2001 p2594) Statutes Amendment (Transport Portfolio) Act 2001 17.5.2001 Pt  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) Criminal Law Consolidation (Offences of Dishonesty) Amendment Act 2002 31.10.2002 Sch 3 (cl 6)—5.7.2003 (Gazette 15.5.2003 p1979) Statutes Amendment (Transport Portfolio) Act 2002 28.11.2002 Pt 4 (ss 16 & 17)—3.7.2003 (Gazette 3.7.2003 p2877) Statutes Amendment (Road Safety Reforms) Act 2003 12.6.2003 Pt 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) Coroners Act 2003 31.7.2003 Sch (cl 17)—1.7.2005 (Gazette 23.6.2005 p1899) Statutes Amendment (Expiation of Offences) Act 2003 4.12.2003 Pt 3 (ss 10 & 11)—4.12.2005 (s 7(5) Acts Interpretation Act 1915) Passenger Transport (Dissolution of Passenger Transport Board) Amendment Act 2003 4.12.2003 Sch 1 (cll 2 & 3)—1.1.2004 (Gazette 18.12.2003 p4525) Statutes Amendment (Misuse of Motor Vehicles) Act 2004 16.12.2004 Pt 2 (ss 4 & 5)—7.2.2005 (Gazette 20.1.2005 p260) Statutes Amendment (Drink Driving) Act 2005 14.4.2005 Pt 3 (ss 6—11)—1.6.2005 (Gazette 26.5.2005 p1365) except ss 12 & 13—1.12.2005 (Gazette 10.11.2005 p3927) Motor Vehicles (Licences and Learner's Permits) Amendment Act 2005 21.4.2005 Sch 1 (cll 1 & 2)—31.10.2005 (Gazette 13.10.2005 p3698) Road Traffic (Excessive Speed) Amendment Act 2005 9.6.2005 Pt 2 (ss 4—7)—1.12.2005 (Gazette 10.11.2005 p3926) Statutes Amendment (Transport Portfolio) Act 2005 27.10.2005 Pt 4 (ss 7—13)—17.11.2005 (Gazette 17.11.2005 p3973) Road Traffic (Drug Driving) Amendment Act 2005 8.12.2005 Pt 2 (ss 4—18) & Pt 3 (s 19)—1.7.2006 (Gazette 8.6.2006 p1600) Statutes Amendment (Vehicle and Vessel Offences) Act 2005 8.12.2005 Pt 5 (ss 18—26)—30.7.2006 (Gazette 27.7.2006 p2400) Statutes Amendment (Road Transport Compliance and Enforcement) Act 2006 29.6.2006 Pt 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) Road Traffic (Notices of Licence Disqualification or Suspension) Amendment Act 2006 Statutes Amendment (Domestic Partners) Act 2006 Pt 77 (s 190)—1.6.2007 (Gazette 26.4.2007 p1352) Road Traffic (Heavy Vehicle Driver Fatigue) Amendment Act 2008 26.6.2008 29.9.2008 (Gazette 11.9.2008 p4302) Statutes Amendment (Transport Portfolio) Act 2008 26.6.2008 Pt 5 (ss 26, 27 & 29—33)—25.9.2008 (Gazette 18.9.2008 p4504); s 28—1.6.2009 (Gazette 30.4.2009 p1543) Statutes Amendment (Transport Portfolio—Alcohol and Drugs) Act 2009 12.3.2009 Pt 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) Road Traffic (Miscellaneous) Amendment Act 2009 1.10.2009 5.11.2009 (Gazette 5.11.2009 p5092) Motor Vehicles (Miscellaneous No 2) Amendment Act 2009 10.12.2009 Sch 1 (cl 1)—4.9.2010 (Gazette 24.6.2010 p3155) Health Practitioner Regulation National Law (South Australia) Act 2010 Sch 1 (cl 26)—1.7.2010 (Gazette 1.7.2010 p3338) Statutes Amendment (Driving Offences) Act 2010 14.10.2010 Pt 3 (ss 8—10)—21.8.2011 (Gazette 18.8.2011 p3490) Statutes Amendment (Budget 2010) Act 2010 18.11.2010 Pt 13 (ss 86 & 87)—1.7.2011 (Gazette 29.4.2011 p1289) Road Traffic (Use of Test and Analysis Results) Amendment Act 2010 Statutes Amendment (Transport Portfolio—Penalties) Act 2011 12.5.2011 Pt 4 (ss 30—42)—30.6.2011 (Gazette 19.5.2011 p1508) Road Traffic (Red Light Offences) Amendment Act 2011 8.12.2011 22.3.2012 (Gazette 22.3.2012 p1039) Road Traffic (Average Speed) Amendment Act 2012 7.6.2012 1.1.2014 (Gazette 19.12.2013 p4926) Road Traffic (Emergency Service Speed Zones) Amendment Act 2013 27.6.2013 1.9.2014 (Gazette 16.1.2014 p122) Statutes Amendment (Heavy Vehicle National Law) Act 2013 1.8.2013 Pt 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 Statutes Amendment (Transport Portfolio) Act 2013 21.11.2013 Pt 3 (ss 15 & 16)—16.1.2014 (Gazette 16.1.2014 p123) Statutes Amendment (Dangerous Driving) Act 2013 5.12.2013 Pt 3 (s 6)—26.1.2014 (Gazette 23.1.2014 p344) Road Traffic (Issue of Free Tickets by Parking Ticket-Vending Machines) Amendment Act 2016 Statutes Amendment and Repeal (Simplify) Act 2017 15.3.2017 Pt 28 (s 102)—14.7.2017 (Gazette 22.6.2017 p2224) Road Traffic (Roadworks) Amendment Act 2017 26.4.2017 1.6.2018 (Gazette 19.12.2017 p5121) Statutes Amendment (Transport Online Transactions and Other Matters) Act 2017 10.10.2017 Pt 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.) Statutes Amendment (Sentencing) Act 2017 28.11.2017 Pt 17 (s 27)—30.4.2018 (Gazette 6.2.2018 p612) Statutes Amendment (Vehicle Inspections and South Eastern Freeway Offences) Act 2017 28.11.2017 Pt 3 (ss 12 to 14)—1.5.2019 (Gazette 21.3.2019 p928); s 11—21.11.2019 (Gazette 21.11.2019 p3928) Statutes Amendment (Drink and Drug Driving) Act 2017 12.12.2017 Pt 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) (229) Health Practitioner Regulation National Law (South Australia) (Amendment of Law) (No 3) Regulations 2018 (Gazette 29.11.2018 p4077) — Sch 1 (cl 5)—1.12.2018: r 2 Road Traffic (Evidentiary Provisions) Amendment Act 2018 Statutes Amendment (Budget Measures) Act 2019 Pt 3 (ss 13 to 15)—3.10.2019: s 2(1) Statutes Amendment and Repeal (Simplify) Act 2019 Pt 43 (s 87)—3.10.2021 (s 7(5) Acts Interpretation Act 1915) Statutes Amendment (South Eastern Freeway Offences) Act 2019 Pt 3 (ss 4 to 6) & Sch 1—6.12.2019 Statutes Amendment (Licence Disqualification) Act 2020 9.7.2020 Pt 3 (s 5)—30.11.2020 (Gazette 26.11.2020 p5372) Statutes Amendment (Transport Portfolio) Act 2021 20.5.2021 Pt 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) Road Traffic (Drug Driving and Careless or Dangerous Driving) Amendment Act 2021 9.12.2021 Pt 2 (ss 4 to 12)—13.2.2023 (Gazette 3.11.2022 p6549) Statutes Amendment (Use of Devices in Vehicles) Act 2022 8.12.2022 Pt 3 (ss 5 to 7)—19.6.2024 (Gazette 6.6.2024 p1333) Statutes Amendment (Serious Vehicle and Vessel Offences) Act 2023 13.7.2023 Pt 5 (ss 12 to 16)—1.1.2024 (Gazette 25.10.2023 p3602) Adelaide University Act 2023 23.11.2023 Sch 1 (cl 5)—1.1.2026 (Gazette 30.10.2025 p4240) Statutes Amendment (Transport Portfolio) Act 2024 24.10.2024 Pt 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 Motor Vehicles (Previous Offences) Amendment Act 2024 Sch 1 (cll 1, 2 & 5)—7.11.2024: s 2 Statutes Amendment (Personal Mobility Devices) Act 2024 21.11.2024 Pt 4 (ss 6 to 9)—13.7.2025 (Gazette 26.6.2025 p2059) Provisions amended since 3 February 1976 • Legislative 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. • Certain 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. New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended by 35/2013 s 8 Pt 1