Road Transport (General) Act 1999

26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 November 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

contents 1 Page 1 Name of Act 2 3 Objects of Act 2 4 Dictionary 3 5 Notes 3 5A Offences against this Act—application of Criminal Code etc 4 Division 2.1 Road transport legislation 6 What is the road transport legislation? 5 8 Application of definitions in other road transport legislation 5 Division 2.2 Relationship between road transport legislation and other laws 9 General relationship with other laws 6

Page contents 2 Road Transport (General) Act 1999 Division 2.3 Responsible persons for vehicles under road transport 10 Who is a responsible person for a vehicle? 6 11 Rights, liabilities and obligations of multiple responsible persons 7 Division 2.4 Alteration of scope of operation of road transport 12 Power to include or exclude areas in road transport legislation 7 13 Power to exclude vehicles, persons or animals from road transport legislation 8 14 Application orders and emergency orders 8 16 Road transport authority 9 17 Delegation of road transport authority’s functions 9 18 Delegation of chief police officer’s functions 10 19 Authorised people 10 20 Identity cards 11 21 Power not to be exercised before identity card shown 12 21A Definitions—pt 3 13 22 Purpose and effect of pt 3 16 23 Regulations about infringement notice offences 17 24 Infringement notices 18 25 Infringement notices—contents 19 26 Infringement notice—payment of penalty etc 19 27 Reminder notice—service and contents 21 28 Action on service of reminder notice—payment of penalty etc 22 29 Extension of time to do things 23 30 Extension of time—guidelines 24 31 Time for beginning prosecution for infringement notice offence 25 31A Application for infringement notice management plan or addition to plan 25

Page contents 3 31B Application for infringement notice management plan or addition to plan—decision 26 31C Approved community work or social development program— responsible director-general’s agreement 28 31D Approval of community work or social development program 29 31E Effect of refusal of application for infringement notice management plan 29 31F Application for waiver of penalty 30 31G Application for waiver of penalty—decision 30 31H Effect of refusal of application for waiver of penalty 32 31I Guidelines for waiver of penalty 32 Division 3.3 Infringement notice offences involving registrable and rail vehicles 32 Meaning of all reasonable steps—div 3.3 33 33 Responsible person’s obligations 34 34 Infringement notice—application for withdrawal 35 35 Application for withdrawal—decision 35 36 Infringement notice—withdrawal 36 36A Infringement notice—effect of withdrawal on infringement notice management plan 38 37 Infringement notice—effect of refusal to withdraw 38 38 Infringement notice—guidelines for withdrawal 39 39 Infringement notice—effect of penalty payment etc 39 40 Definitions—div 3.3A 41 41 Meaning of all reasonable steps—div 3.3A 41 42 Demerit points offences—suspension of registration etc 43 43 Demerit points offence—effect of suspension 45 43A Demerit points offence—review of suspension 46 43B Offence—driving interstate corporate motor vehicle 46 44 Suspension for nonpayment of infringement notice penalties 47

Page contents 4 Road Transport (General) Act 1999 44A Suspension for non-compliance with infringement notice management plan 49 44B Notice of suspension confirmation notice 51 45 Effect of suspension 51 46 Transfer of registration while suspended 52 47 Revocation of suspension—penalty paid, discharged or waived 52 47A Revocation of suspension—management plan being complied with 53 48 Review of suspension 54 51 Disputing liability for infringement notice offence 55 53 Procedure if liability disputed 55 53AA Presumption against responsible person 57 53A Authorised people for infringement notice offences 58 54 Delegation of administering authority’s functions 59 55 Written statements by corporations 60 56 Evidentiary certificates 60 58 Police officer or authorised person may require name, date of birth, address and driver licence—driver or rider 63 58A Police officer or authorised person may require name, date of birth, address and driver licence—supervisor, instructor or assessor 65 58B Police officer or authorised person may direct removal of thing covering person’s face 67 59 Seizure of licences 68 60 Police officer or authorised person may require people to disclose identity of driver 70 60A Meaning of first offender and repeat offender—s 60 72 61 Production of driver licence to court 73 Division 4.2 Licence suspension, disqualification and related matters 61A Definitions—div 4.2 73 61AA Meaning of first offender and repeat offender—div 4.2 77

Page contents 5

61B Immediate suspension of licence 78 61BA When a suspension notice ceases to have effect 80 61BB Additional suspension notice—discontinued infringement notice proceedings 82 61BC Road transport authority to return surrendered licence 83 61C Drive while suspension notice in effect 83 61D Failure to surrender suspended licence 83 61E Surrendered licences 83 61F Application for stay of suspension notice 84 61G Deciding application 85 62 Automatic disqualification for culpable driving 85 63 Automatic disqualification for certain other driving offences 86 64 Court may order disqualification for other offences 88 65 Disqualification until court order 89 66 Effect of disqualification 91 66A Person disqualified in another jurisdiction not eligible for restricted licence 92 67 Disqualified repeat offender not eligible for restricted licence— automatic disqualification provisions 93 67A Eligibility of disqualified first offender for restricted licence—automatic disqualification provisions 93 67B Person disqualified until court order not eligible for restricted licence 94 67C Disqualification while holder of restricted licence 95 68 When licence disqualification takes effect 95 69 Multiple disqualifications cumulative unless court orders otherwise 95 70 Additional powers of court 96 71 Effect on disqualification of quashing of conviction etc 96 Division 4.3 Evidentiary provisions in relation to road transport 72 Certificate evidence and other evidentiary provisions 96 72A Evidentiary certificate—use etc of road or road related area 99 73 Acts and omissions of representatives 100 Division 4.4 Proceedings for offences under road transport 74 Proceedings for offences 101

Page contents 6 Road Transport (General) Act 1999 75 Short descriptions of offences 101 76 Speed inhibitor conditions 102 77 Compensation for loss of time etc 102 78 Effect on certain cancellations of quashing of conviction etc 103 79 Registrar to provide particulars of convictions, orders etc 103 Part 5 Further provisions about vehicles, roads and road related areas 80 Power of entry for tracing stolen motor vehicles or trailers or their parts 104 81 Use of tyre deflation devices 104 81A Power to inspect interlocks in motor vehicle 105 82 Motor vehicles or trailers not to be used without owner’s consent 106 83 Procuring use or hire of motor vehicle or trailer by fraud etc 106 83A Purposes of div 5.3 107 83B Definitions for div 5.3 107 83C When a vehicle is a total loss 108 83D Written-off vehicles register 108 83E Security and disclosure of information in register 109 83F Regulations about written-off vehicles 109 84A Meaning of revocation notice—pt 6 111 84 Suspension of driver licence, registration etc for default of court imposed fine 111 85 Notification and duration of suspension of driver licence, registration etc 113 86 Revocation of suspension of driver licence, registration etc 114 87 Revocation of suspension on transfer of registration 114 88 Renewal etc of driver licence or registration prohibited 114 89 Suspension to be concurrent 115

Page contents 7 90 Definitions—pt 7 116 90A Meaning of reviewable decision etc—pt 7 116 91 Internal review notices 117 91A Applications for internal review 117 92 Applications not stay internally reviewable decisions 118 92A Internal reviewer 118 93 Review by internal reviewer 118 94 Reviewable decision notices 118 95 Applications for review 119 Part 8 Fees, charges and other amounts payable under road transport legislation 96 Determination of fees, charges and other amounts 120 Division 11.1 Documents 225 Approved forms 121 229 Regulations may apply certain documents 121 230 Indemnity from personal liability for honest and good faith carrying out of duties 121 231 Person not to hinder or obstruct 122 232 False or misleading statements 123 233 General regulation-making power 123 234 Regulations may exclude vehicles, people and animals from Act 124 235 References to Motor Traffic Act, Traffic Act etc 124 236 Preliminary discovery for private car park fees 125 Part 14 Transitional—NRMA—ACT Road Safety Trust Repeal Act 2015 304 Meaning of commencement day—pt 14 126 306 Exemption from liability 126 307 Expiry—pt 14 126

Page contents 8 Road Transport (General) Act 1999 Dictionary 127 1 About the endnotes 137 2 Abbreviation key 137 3 Legislation history 138 4 Amendment history 149 5 Earlier republications 186 6 Expired transitional or validating provisions 191

An Act to provide for the administration and enforcement of road transport legislation, to provide for the review of decisions made under road transport legislation, to make further provision about the use of vehicles on roads and road related areas, and for other purposes

1 Name of Act This Act is the Road Transport (General) Act 1999. Note 1 This Act is part of the road transport legislation. It provides for the administration and enforcement of the road transport legislation generally. Note 2 Other road transport legislation includes the following: • Motor Accident Injuries Act 2019 • Road Transport (Alcohol and Drugs) Act 1977 • Road Transport (Driver Licensing) Act 1999 • Road Transport (Public Passenger Services) Act 2001 • Road Transport (Safety and Traffic Management) Act 1999 • Road Transport (Vehicle Registration) Act 1999. Note 3 Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009 and the Heavy Vehicle National Law (ACT). Note 4 A reference to an Act includes a reference to the statutory instruments

3 Objects of Act The objects of this Act are— (a) to provide for— (i) the administration and enforcement of the road transport legislation; and (ii) the review of certain decisions made under the road transport legislation; and (iii) the determining of fees, charges and other amounts payable under the road transport legislation; and

Preliminary Part 1 (b) to make further provision about vehicles, roads and road related areas; and (c) to re-enact with some changes certain provisions of the Motor Traffic Act 1936; and (d) to improve road safety and transport efficiency, and reduce the costs of administering road transport.

4 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary defines certain terms, and includes references (signpost definitions) to other terms defined elsewhere in this Act or elsewhere in the road transport legislation. For example, the signpost definition ‘driver licence—see the Road Transport (Driver Licensing) Act 1999, dictionary.’ means the term ‘driver licence’ is defined in that dictionary and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

5 Notes A note in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

5A Offences against this Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1): • s 43B (Offence—driving interstate corporate motor vehicle) • s 58 (Police officer or authorised person may require name, date of birth, address and driver licence—driver or rider) • s 58A (Police officer or authorised person may require name, date of birth, address and driver licence—supervisor, instructor or assessor) • s 58B (Police officer or authorised person may direct removal of thing covering person’s face) • s 61C (Drive while suspension notice in effect) • s 61D (Failure to surrender suspended licence). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Road transport legislation Division 2.1 Part 2 Administration of road transport Division 2.1 Road transport legislation 6 What is the road transport legislation? In this Act, the road transport legislation means the following: (a) this Act; (b) the Motor Accident Injuries Act 2019; (c) the Road Transport (Alcohol and Drugs) Act 1977; (d) the Road Transport (Driver Licensing) Act 1999; (e) the Road Transport (Public Passenger Services) Act 2001; (f) the Road Transport (Safety and Traffic Management) Act 1999; (g) the Road Transport (Vehicle Registration) Act 1999; (h) any other Act or any regulation prescribed by regulation. Note A reference to an Act includes a reference to the statutory instruments

8 Application of definitions in other road transport If a word or expression is defined in an Act (but not a regulation or another publication) included in the road transport legislation, the definition applies to each use of the word or expression in other road transport legislation unless the contrary intention appears.

Division 2.2 Relationship between road transport legislation and other laws Division 2.2 Relationship between road transport legislation and other laws 9 General relationship with other laws The road transport legislation does not— (a) affect any other Act or subordinate law, or take away powers vested in an entity under any other Act or subordinate law; or (b) affect any liability of anyone at common law, except to the extent that the road transport legislation provides otherwise expressly or by necessary intention.

Division 2.3 Responsible persons for vehicles under road transport legislation

10 Who is a responsible person for a vehicle? For the road transport legislation, each of the following is a responsible person for a vehicle: (a) for a registered vehicle—a registered operator of the vehicle, unless the vehicle has been disposed of by the operator; (b) for an unregistered vehicle to which a trader’s plate is attached—the person to whom the trader’s plate is issued under the Road Transport (Vehicle Registration) Act 1999; (c) for an unregistered vehicle to which no trader’s plate is attached—a person who was last recorded as a registered operator of the vehicle; (d) for a light rail vehicle—the rail transport operator for the light rail vehicle;

Alteration of scope of operation of road transport legislation Division 2.4 (e) anyone else prescribed by regulation. Note A statutory instrument may make different provisions about different matters and apply the provisions differently by reference to stated exceptions or factors (see Legislation Act, s 48).

11 Rights, liabilities and obligations of multiple responsible persons (1) This section applies if there is more than 1 responsible person for a vehicle at any time. (2) In a provision of the road transport legislation, or another Act or regulation concerned with the responsible person for a vehicle, a reference to the responsible person for a vehicle includes each responsible person for the vehicle. Division 2.4 Alteration of scope of operation of road transport legislation

12 Power to include or exclude areas in road transport (1) The Minister may declare that the road transport legislation, or a provision of the road transport legislation— (a) applies to an area that is open to or used by the public; or (b) does not apply to a road or road related area. (2) The declaration has effect until it is revoked or, if a period is stated in the declaration, for that period. (3) A declaration under subsection (1) is a disallowable instrument.

Division 2.4 Alteration of scope of operation of road transport legislation

13 Power to exclude vehicles, persons or animals from road transport legislation (1) The Minister may declare that the road transport legislation, or a provision of the road transport legislation, does not apply to a vehicle, person or animal in a place or circumstance stated in the declaration. (2) The declaration has effect until it is revoked or, if a period is stated in the declaration, for that period. (3) A declaration under subsection (1) is a disallowable instrument.

14 Application orders and emergency orders (1) The Minister may order that the operation of regulations made under the road transport legislation, or a provision of such regulations— (a) is suspended for a stated period; or (b) is varied in the way stated in the order. (2) An order may have effect for all or part of the ACT. (3) If the Ministerial Council terminates an emergency order, the Minister must declare that the order has been terminated with effect from the time when the council terminated the order. (4) A declaration under subsection (3) is a notifiable instrument. (5) An order under subsection (1) is a disallowable instrument. (6) In this section: Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to transport.

Administration Division 2.5

16 Road transport authority (1) There is to be an Australian Capital Territory Road Transport Authority (the road transport authority). (2) The director-general is the road transport authority. (3) For this section, in relation to the exercise of a function under a provision of the road transport legislation, the director-general is the director-general of the administrative unit responsible for the provision. Note Function includes authority, duty and power (see Legislation Act, dict, pt 1). (4) Anything done in the name of, or for, the road transport authority by the director-general in exercising the functions of the authority is taken to have been done for, and binds, the Territory.

17 Delegation of road transport authority’s functions (1) The road transport authority may delegate the authority’s functions under the road transport legislation to— (a) the chief police officer; or (b) a public employee; or (c) a person prescribed by regulation. Note For the making of delegations and the exercise of delegated functions, (2) A delegate may subdelegate to a suitable person a function delegated under subsection (1) (a) or (b). suitable person means— (a) a public employee; or

(b) a person prescribed by regulation; or (c) if the person subdelegating a function is the chief police officer—a police officer.

18 Delegation of chief police officer’s functions (1) The chief police officer may delegate the chief police officer’s functions under the road transport legislation to— (a) a police officer; or (b) a public employee; or (c) a person prescribed by regulation. Note 1 For the making of delegations and the exercise of delegated functions, Note 2 For the chief police officer’s power to delegate functions delegated by the road transport authority, see s 17 (2). (2) A public employee may subdelegate to another public employee a function delegated under subsection (1).

19 Authorised people (1) The road transport authority may appoint a person to be an authorised person for the road transport legislation. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). (2) A regulation may prescribe a person to be an authorised person for the road transport legislation or a provision of the road transport

Administration Division 2.5 (3) A person must not be appointed under subsection (1) unless— (a) the person is an Australian citizen or a permanent resident of Australia; and (b) the road transport authority is satisfied that the person is a suitable person to be authorised, having regard in particular to— (i) whether the person has any criminal convictions; and (ii) the person’s employment record; and (c) the person has satisfactorily completed adequate training to exercise the powers of an authorised person proposed to be given to the person. (4) However, this section does not authorise the road transport authority to appoint a person to be an authorised person for part 3 (Infringement notices for certain offences).

20 Identity cards (1) The road transport authority must issue an authorised person with an identity card that states the person is an authorised person for the road transport legislation, or stated provisions of the road transport legislation, and shows— (a) a recent photograph of the person; and (b) the name of the person or the particulars that are identifying particulars for the person (or both); and (c) the date of issue of the card; and (d) a date of expiry for the card; and (e) the name and signature of the person who issued the card; and (f) anything else prescribed by regulation.

(2) A person who ceases to be an authorised person must return his or her identity card to the road transport authority as soon as practicable, but within 21 days, after ceasing to be an authorised person. Maximum penalty (subsection (2)): 1 penalty unit. identifying particulars, for a person, means: (a) for a person authorised by the administering authority for an infringement notice offence to serve infringement or reminder notices—the unique number given to the person by the administering authority under the Road Transport (Offences) Regulation 2005, section 11; and (b) for any other authorised person—the unique number given to the person by the road transport authority; and (c) any other particulars prescribed by regulation.

21 Power not to be exercised before identity card shown An authorised person may exercise a power under the road transport legislation in relation to a person only if the authorised person first shows the person his or her identity card.

Part 3 Infringement notices for certain offences

21A Definitions—pt 3 (1) In this part: approved community work or social development program means a community work or social development program approved under section 31D (Approval of community work or social development program). heavy vehicle infringement notice offence (or HVINO) means an infringement notice offence against the Heavy Vehicle National Law (ACT). illegal user declaration means a written statement made by a responsible person for a registrable or rail vehicle in relation to an infringement notice offence involving the vehicle that includes— (a) a statement that, at the time of the offence, another person was in possession or control of the vehicle without the consent of an owner of the vehicle; and (b) any information prescribed by regulation. infringement notice—see section 24 (7). infringement notice declaration means any of the following: (a) an illegal user declaration; (b) a known user declaration; (c) a sold vehicle declaration;

(d) an unknown user declaration. infringement notice management plan—see section 31A. known user declaration means a written statement made by a person in relation to an infringement notice offence involving a registrable or rail vehicle that includes— (a) either— (i) if the person is the responsible person for the vehicle— (A) a statement that, at the time of the offence, the person was not in possession or control of the vehicle; and (B) sufficient information to identify and locate the person last known to be in possession or control of the vehicle; or (ii) if the person is not the responsible person for the vehicle— a statement that, at the time of the offence, the person was in possession or control of the vehicle; and (b) any information prescribed by regulation. registrable or rail vehicle means— (a) a registrable vehicle; or (b) a light rail vehicle. relevant circumstances, of a person, means any of the following circumstances that relate to the person and contribute to the person’s ability to pay an infringement notice penalty: (a) mental illness or mental disorder; (b) disability, disease or illness; (c) addiction to drugs, alcohol or another substance;

(d) family violence; (e) homelessness, or living in crisis, transitional or supported accommodation; (f) anything else prescribed by regulation. reminder notice—see section 27 (2). responsible director-general means the director-general responsible for the Crimes (Sentence Administration) Act 2005, part 6.2 (Good behaviour—community service work). sold vehicle declaration means a written statement made by a person in relation to an infringement notice offence involving a registrable vehicle that includes— (a) a statement that the person had sold or otherwise disposed of the vehicle or any interest in the vehicle before the time of the offence and was not in possession or control of the vehicle at the time of the offence; and (b) sufficient information to identify and locate the person to whom the vehicle was sold or disposed of or in whom an interest otherwise vested; and (c) any information prescribed by regulation. unknown user declaration means a written statement made by a person in relation to an infringement notice offence involving a registrable or rail vehicle that includes— (a) a statement that the person— (i) was not in possession or control of the vehicle at the time of the offence; and (ii) does not know the identity of the person who was in possession or control of the vehicle at that time, despite genuine efforts to identify that person; and

(b) a statement about the efforts made by the person to identify the person in possession or control of the vehicle at the time of the offence; and (c) any information prescribed by regulation. disability—see the Disability Services Act 1991, dictionary. mental disorder—see the Mental Health Act 2015, section 9. mental illness—see the Mental Health Act 2015, section 10.

22 Purpose and effect of pt 3 (1) The purpose of this part is to create a system of infringement notices for certain offences against the road transport legislation and other legislation as an alternative to prosecution. (2) This part does not— (a) require an infringement or reminder notice to be served on a person; or (b) affect the liability of a person to be prosecuted for an offence if— (i) an infringement or reminder notice is not served on the person for the offence; or (ii) the person does not comply with an infringement notice or reminder notice served on the person for the offence, or an infringement notice management plan entered into in relation to the offence; or (iii) an infringement notice served on the person for the offence is withdrawn; or (c) prevent the service of 2 or more infringement notices on a person for an offence; or

(d) limit or otherwise affect the penalty that may be imposed by a court on a person for an offence.

23 Regulations about infringement notice offences (1) A regulation may prescribe an offence, other than an offence for which a penalty of imprisonment may be imposed, for the dictionary, definition of infringement notice offence by— (a) stating the offence; or (b) referring to the provision creating the offence; or (c) providing that all offences, or all offences except for stated offences, against an Act or subordinate law are infringement notice offences. (2) Subsection (1) does not limit the ways that a regulation may prescribe an offence for that definition. (3) A regulation may, for the dictionary, definition of infringement notice penalty, prescribe— (a) an amount as the penalty payable by anyone for an offence if it is dealt with under this part; or (b) different amounts as the penalties payable for different offences if they are dealt with under this part; or (c) different amounts as the penalties payable for the same kind of offence committed by different people or in different circumstances if the offence is dealt with under this part. (4) However, an infringement notice penalty prescribed for a person for an offence must not exceed the maximum fine that could be imposed by a court on the person for the offence. (5) Subsection (3) does not limit the ways that a regulation may prescribe an amount for that definition.

(6) If a regulation prescribes an offence that has a different penalty for a first offender or a repeat offender in relation to the offence the regulation may only prescribe the offence in relation to a first offender.

24 Infringement notices (1) Subsection (2) applies if an authorised person reasonably believes that a person has committed an infringement notice offence (other than a heavy vehicle infringement notice offence). (2) A notice for the offence may be served on the person. Note An authorised officer under the Heavy Vehicle National Law (ACT) may serve a person with a notice if the officer reasonably believes the person has committed a heavy vehicle infringement notice offence (see Heavy Vehicle National Law (ACT), s 591 (1)). (3) If an authorised person reasonably believes that a person has committed an offence and section 23 (6) applies to the offence— (a) the administering authority need not consider whether the person would, if convicted, be a first offender or a repeat offender in relation to the offence; and (b) for the purposes of the infringement notice, the person is presumed to be a first offender. (4) An infringement notice must be served in the way prescribed by Note The Heavy Vehicle National Law (ACT), s 591 (2) provides that the procedures to be followed in connection with a heavy vehicle infringement notice are to be the procedures prescribed under the Infringement Notice Offences Law for the territory (see also s 5, def Infringement Notice Offences Law and Heavy Vehicle National Law (ACT) Act 2013, s 13).

(5) An infringement notice must not be served— (a) if a regulation prescribes a period within which an infringement notice must be served—after the end of the prescribed period; or (b) in any other case—later than 1 year after the day the infringement notice offence to which the notice relates was committed. (6) For subsection (5) (b), if the infringement notice offence is an ongoing offence, the day the infringement notice offence was committed is the last day of the ongoing offence. Note See s 31 for the time within which a prosecution for an infringement notice must be begun. (7) In this section: infringement notice means— (a) a notice mentioned in subsection (2); and (b) a notice mentioned in the Heavy Vehicle National Law (ACT), section 591 (1) (Infringement Notices).

25 Infringement notices—contents An infringement notice must include the information prescribed by 26 Infringement notice—payment of penalty etc served on a person; and (b) the infringement notice has not been withdrawn. Note See s 36 for withdrawal of infringement notices.

(2) The person must do 1 of the following within 28 days after the date the infringement notice is served: (a) pay the infringement notice penalty stated in the notice; (b) apply to the administering authority to— (i) enter into an infringement notice management plan; or (ii) if the person has an infringement notice management plan—add the infringement notice penalty for the offence to the plan; or (iii) waive the infringement notice penalty; Note See s 31A for applications to enter into infringement notice management plans and applications to add infringement notice penalties to plans. See s 31F for applications for waiver of infringement notice penalties. (c) apply for withdrawal of the infringement notice; Note See s 34 for applications for withdrawal of infringement notices. (d) if the person asserts he or she was not the person who committed the offence—give the administering authority an infringement notice declaration; (e) if the person disputes liability for the offence—give the administering authority written notice disputing liability. Note 2 See s 51 for disputing liability for an infringement notice offence. Note 3 If a person disputes liability for an infringement notice offence (other than a heavy vehicle infringement notice offence), the administering authority may lay an information in the Magistrates Court against the person for the offence (see s 53). For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.

Note 4 A person served with an infringement notice may apply for an extension of time to do something mentioned in s (2) (see s 29). Note 5 If a person served with an infringement notice does nothing under s (2) within 28 days or any extension of time allowed under s 29, a reminder notice will be served on the person (see s 27). Note 6 A corporation served with an infringement notice for an infringement notice offence involving a registrable vehicle has obligations under div 3.3A.

27 Reminder notice—service and contents served on a person; and (b) the infringement notice has not been withdrawn; and (c) the person— (i) has not done anything mentioned in section 26 (2) in relation to the infringement notice, has not been granted an extension of time to do something mentioned in section 26 (2), and at least 28 days have passed since the date the infringement notice was served; or (ii) if the person has been granted an extension of time to do something mentioned in section 26 (2)—has not done anything mentioned in that subsection within the extended time. Note For when a notice sent by post is taken to be given, see the Road

(2) The administering authority must arrange for service of a notice (a reminder notice) on the person. Note If a reminder notice has been served on a person for an infringement notice offence, the total amount payable by the person for the infringement notice penalty for the offence is the prescribed amount of the penalty payable for the offence plus the prescribed amount payable for the cost of serving the reminder notice (see dict, def infringement notice penalty). (3) The reminder notice must include the information prescribed by

28 Action on service of reminder notice—payment of penalty etc (a) a reminder notice is served on a person; and (b) the infringement notice to which the reminder notice relates has not been withdrawn. Note See s 36 for withdrawal of infringement notices. (2) The person must do 1 of the following within 28 days after the date the reminder notice is served: (a) pay the infringement notice penalty stated in the reminder notice; (b) apply to the administering authority to— (i) enter into an infringement notice management plan; or (ii) if the person has an infringement notice management plan—add the infringement notice penalty for the offence to the plan; or

(iii) waive the infringement notice penalty; Note See s 31A for applications to enter into infringement notice management plans and applications to add infringement notice penalties to plans. See s 31F for applications for waiver of infringement notice penalties. (c) apply for withdrawal of the infringement notice; Note See s 34 for applications for withdrawal of infringement notices. (d) if the person asserts he or she was not the person who committed the infringement notice offence to which the infringement notice relates—give the administering authority an infringement notice declaration; (e) if the person disputes liability for the infringement notice offence—give the administering authority written notice disputing liability. Note 1 See s 51 for disputing liability for an infringement notice offence. Note 2 If a person disputes liability for an infringement notice offence (other than a heavy vehicle infringement notice offence), the administering authority may lay an information in the Magistrates Court against the person for the offence (see s 53). For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707. Note 3 A person served with an infringement notice may apply for an extension of time to do something mentioned in s (2) (see s 29). Note 4 A corporation served with a reminder notice for an infringement notice offence involving a registrable vehicle has obligations under div 3.3A.

29 Extension of time to do things (1) A person may apply for an extension of the time for doing something mentioned in section 26 (2) (Infringement notice—payment of penalty etc) or section 28 (2) (Action on service of reminder notice— payment of penalty etc).

(2) The administering authority for the infringement notice offence must— (3) The administering authority must tell the person— (a) the date of the authority’s decision; and (b) if the authority allows the application—when the additional time begins and ends; and (c) if the authority refuses the application—the reason for the decision. (4) If the administering authority refuses an application, the person must do the thing not later than the time prescribed by regulation. (5) A regulation may make provision in relation to the following: (a) the making of an application to extend the time to do something mentioned in section 26 (2) or section 28 (2); (b) any conditions in relation to an application; (c) any matters to be taken into account by the administering authority when deciding an application; (d) any conditions applying to a grant of an extension of time; (e) the maximum amount by which the time for doing something mentioned in section 26 (2) or section 28 (2) may be extended.

30 Extension of time—guidelines (1) The Minister may issue guidelines for deciding applications for extensions of time, including applications for extensions of time made after the time for doing something in section 26 (2) or section 28 (2) has ended.

comply with any guidelines for deciding an application for an extension of time.

31 Time for beginning prosecution for infringement notice offence A prosecution for an infringement notice offence (other than a heavy vehicle infringement notice offence) must be begun not later than 1 year after the earlier of— (a) the day the person served with the notice disputes liability for the offence; and (b) the last day the person served with the notice may dispute liability for the offence. Note For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.

Division 3.2A Infringement notice management plans

31A Application for infringement notice management plan or addition to plan (1) This section applies if a person is served with an infringement notice or reminder notice for an infringement notice offence. (2) If the person is an individual, the individual may apply to the administering authority— (a) to enter into an arrangement (an infringement notice management plan) with the authority for discharge of the penalty for the offence by— (i) payment by instalment; or

(ii) participating in an approved community work or social development program; or (b) if the individual has an infringement notice management plan— to add the infringement notice penalty for the offence to the individual’s plan. (3) If the person is a corporation, the corporation may apply to the administering authority— (a) to enter into an arrangement (also an infringement notice management plan) with the authority for discharge of the penalty for the offence by payment by instalment; or (b) if the corporation has an infringement notice management plan—to add the infringement notice penalty for the offence to the corporation’s plan. (4) The application must include— (a) information about the person’s financial circumstances; and (b) if the person is the holder of a card prescribed by regulation that is current—that information; and (c) if the application is to participate in an approved community work or social development program—information about any relevant circumstances of the person; and (d) anything else prescribed by regulation.

31B Application for infringement notice management plan or addition to plan—decision (1) On application by a person under section 31A, the administering

(2) The administering authority may, in writing, ask the applicant or a person mentioned in the application for more information to assist the authority to make a decision under this section. (3) If the person is applying for an infringement notice management plan that allows payment by instalments, the administering authority— (a) must allow the application if the person is the holder of a card mentioned in section 31A (4) (b); and (b) in any other case—may allow the application if satisfied on reasonable grounds that it is justified because of the person’s financial circumstances. (4) If the person is applying for an infringement notice management plan that allows participation in an approved community work or social development program, the administering authority must allow the application if the responsible director-general agrees to the person participating in an approved community work or social development program under section 31C. (5) If the administering authority allows an application for an infringement notice management plan that allows payment by instalments, the authority may decide the amount of the instalments that must be paid. (6) The administering authority must— (a) if the application is allowed, tell the person in writing— (i) about the arrangements for entering into the infringement notice management plan or that the penalty has been added to the person’s infringement notice management plan; and (ii) if the person is paying instalments under the plan—that the authority may decide the amount of the instalments that must be paid; or (b) if the application is refused—tell the person in writing about the refusal and the reasons for the refusal.

(7) A regulation may make provision in relation to the following: (a) any conditions applying to allowing an application under section 31A; (b) conditions applying to infringement notice management plans, including the minimum amount that may be paid as an instalment under a plan; (c) the payment of amounts under an infringement notice management plan, including the consequences of a payment not being honoured; (d) variation or suspension of a person’s infringement notice management plan at the person’s request; (e) the arrangements for participating in an approved community work or social development program, including when participation in an approved community work or social development program is taken to be finished and evidence of participation.

31C Approved community work or social development program—responsible director-general’s agreement (1) On receiving an application for an infringement notice management plan that allows a person to participate in an approved community work or social development program, the administering authority must ask the responsible director-general if the director-general agrees to the applicant participating in an approved community work or social development program. (2) The responsible director-general must— (a) agree to the applicant participating in an approved community work or social development program; or (b) refuse to agree.

(3) The responsible director-general may, in writing, ask the applicant or a person mentioned in the application for more information to assist the director-general to make a decision under this section. (4) The responsible director-general may agree to the applicant’s participation in an approved community work or social development program if satisfied on reasonable grounds that— (a) it is justified because of either or both of the following: (i) the financial circumstances of the applicant; (ii) any relevant circumstances of the applicant; and (b) the applicant is suitable to participate in the program. (5) The responsible director-general may make guidelines about the exercise of the director-general’s functions under subsection (4). (6) A guideline is a notifiable instrument.

31D Approval of community work or social development program (1) The responsible director-general may approve a community work or social development program for this division. (2) An approval is a notifiable instrument.

31E Effect of refusal of application for infringement notice (1) If the administering authority refuses an application under section 31B (Application for infringement notice management plan or addition to plan—decision), the applicant must— something mentioned in section 26 (2) (a), (b) (iii), (c), (d) or (e); or

something mentioned in section 28 (2) (a), (b) (iii), (c), (d) or (e). (2) The applicant must do something under this section not later than the later of— Note For the recording of demerit points against the person, see the Road Transport (Driver Licensing) Act 1999, s 13A. Division 3.2B Waiver of infringement notice penalties

31F Application for waiver of penalty (1) A person served with an infringement notice or reminder notice for an infringement notice offence may apply to the administering authority for waiver of the infringement notice penalty for the infringement notice offence. (2) The application must set out— (a) the person’s financial circumstances; and (b) the person’s relevant circumstances; and (c) anything else prescribed by regulation.

31G Application for waiver of penalty—decision (1) On application by a person under section 31F, the administering

Waiver of infringement notice penalties Division 3.2B (2) The administering authority may, in writing, ask the applicant or a person mentioned in the application for more information to assist the authority to make a decision under this section. (3) The administering authority must allow an application if satisfied on reasonable grounds that— (a) the applicant does not have, and is unlikely to have, the financial ability to pay the infringement notice penalty; and (b) relevant circumstances exist in relation to the applicant; and (c) enforcement action has not resulted in, or is unlikely to result in, the payment of the infringement notice penalty; and (d) the applicant is not a suitable person to discharge the penalty by completing an approved community work or social development program; and (e) allowing the application is consistent with any guidelines made under section 31I. (4) For subsection (3) (d), the administering authority may consult with the director-general responsible for the Crimes (Sentence Administration) Act 2005, part 6.2 (Good behaviour—community service work). (5) The administering authority must— (a) if the application is allowed—tell the person in writing about the waiver of the infringement notice penalty; and (b) if the application is refused—tell the person in writing about the refusal and the reasons for the refusal.

31H Effect of refusal of application for waiver of penalty (1) If the administering authority refuses an application under section 31G (Application for waiver of penalty—decision), the applicant must— something mentioned in section 26 (2) (a), (b) (i) or (ii), (c), (d) or (e); or something mentioned in section 28 (2) (a), (b) (i) or (ii), (c), (d) or (e). (2) The applicant must do something under this section not later than the later of— Note For the recording of demerit points against the person, see the Road Transport (Driver Licensing) Act 1999, s 13A.

31I Guidelines for waiver of penalty (1) The Minister may make guidelines for the waiver of infringement notice penalties. comply with the guidelines.

Infringement notice offences involving registrable and rail vehicles Division 3.3 Division 3.3 Infringement notice offences involving registrable and rail vehicles

32 Meaning of all reasonable steps—div 3.3 (1) In this division: all reasonable steps—a responsible person for a registrable or rail vehicle takes all reasonable steps to assist the administering authority to identify and locate the individual who was in possession or control of the vehicle at the time of an infringement notice offence involving the vehicle— (a) if— (i) the person gives the administering authority an infringement notice declaration for the offence within the time required under division 3.2 (Infringement and reminder notices) (including any additional time allowed under that division); and (ii) the administering authority accepts the infringement notice declaration for this division; and (b) if the administering authority requires an approved form to be completed in relation to the offence—if the person completes the form properly; and (c) if the person responds to any correspondence from the administering authority within 14 days after the correspondence is served on the person. Note 2 The Legislation Act, s 250 (1) does not apply to a notice given under the road transport legislation (see Road Transport (General) Regulation 2000, s 9B (4)). Note 3 Infringement notice declaration—see s 21A.

Division 3.3 Infringement notice offences involving registrable and rail vehicles (2) For subsection (1), definition of all reasonable steps, paragraph (b), an approved form is properly completed by a responsible person only if— (a) if the approved form requires particular information to be included in the form—the responsible person complies with the requirement; and (b) the information the responsible person includes in the form is accurate; and (c) the responsible person completes the form in a way that can be understood by a reasonable person. Note Under the Legislation Act, s 255 (5), if a form requires any of the following, substantial compliance with the form is not sufficient and the form is properly completed only if the requirement is complied with: (a) the form to be signed; (b) the form to be prepared in a particular way (for example, on paper of a particular size or quality or in a particular electronic form); (c) the form to be completed in a particular way; (d) particular information to be included in the form, or a particular document to be attached to or given with the form; (e) the form, information in the form, or a document attached to or given with the form, to be verified in a particular way (for example, by statutory declaration).

33 Responsible person’s obligations served on a responsible person for a registrable or rail vehicle; and (b) the responsible person is an individual; and (c) the responsible person was not in possession or control of the vehicle at the time of the offence.

Withdrawal of infringement notices Division 3.3AA (2) The responsible person for the registrable or rail vehicle must take all reasonable steps to give the administering authority sufficient information to identify and locate the individual who was in possession or control of the vehicle at the time of the offence. Note The responsible person for a registrable or rail vehicle involved in an infringement notice offence is taken to be the individual in possession or control of the vehicle at the time of the offence unless the responsible person proves, on the balance of probabilities, that the person was not in possession or control of the vehicle at the time of the offence (see s 53AA).

34 Infringement notice—application for withdrawal (1) A person served with an infringement notice or reminder notice for an infringement notice offence may apply to the administering authority for the withdrawal of the infringement notice. (2) An application must— (a) be in writing; and (b) state the grounds relied on for the infringement notice to be withdrawn. (3) For this section, an infringement notice declaration made and given by the person to the administering authority in relation to the offence is taken to be an application by the person under subsection (1).

35 Application for withdrawal—decision (1) On application by a person under section 34, the administering (a) withdraw the infringement notice; or (b) refuse to withdraw the infringement notice; or

(c) in writing, ask the applicant or a person mentioned in the application for further information to assist the authority to make a decision under this section. (2) If the administering authority asks for further information, the information must be given in the form of a written statement. (3) If the application is in the form of an infringement notice declaration, the administering authority may refuse to withdraw the infringement notice if it is satisfied on reasonable grounds that the applicant has not taken all reasonable steps to assist the authority to identify and locate the individual who was in possession or control of the vehicle at the time of the offence. Note The guidelines may include other grounds for refusing to withdraw an infringement notice declaration. (4) The administering authority must give the applicant written notice of its decision under this section and, if the decision is to refuse to withdraw the infringement notice, reasons for the refusal.

36 Infringement notice—withdrawal (1) If an infringement notice is served on a person for an infringement notice offence, the administering authority may withdraw the infringement notice, whether or not— (a) the person has applied, or is taken to have applied, for withdrawal of the infringement notice under section 34; or (b) the infringement notice penalty (or part of it) has been paid for the offence; or (c) the person has disputed liability for the infringement notice

Withdrawal of infringement notices Division 3.3AA (2) If the administering authority decides to withdraw an infringement notice, the authority must do so by written notice (a withdrawal notice) served on the person. (3) The withdrawal notice must— (a) include the infringement notice number and the date the infringement notice was served; and (b) tell the person that the infringement notice is withdrawn and, in general terms, about subsection (4). (4) The effect of the service of a withdrawal notice is as follows: (a) this part, other than this section, ceases to apply to the infringement notice; (b) if the infringement notice penalty (or part of it) has been paid— the administering authority must repay the amount paid, unless the person has an infringement notice management plan for the penalty. (5) However, nothing in this section prevents the administering authority— (a) serving an infringement notice, or commencing a proceeding, for the offence against another person; or (b) if the administering authority is satisfied that a withdrawal notice was served on a person in error, or as a result of misrepresentation or a false declaration—serving an infringement notice, or commencing a proceeding, for the offence against the person.

36A Infringement notice—effect of withdrawal on infringement notice management plan (a) a person has an infringement notice management plan for an infringement notice penalty for an infringement notice offence; and (b) the administering authority withdraws the infringement notice for the infringement notice offence. (2) The administering authority must— (a) if the total amount owing under the plan is less than the amount of the penalty—cancel the plan and refund the difference between the amount owing and the penalty; or (b) if the total amount owing under the plan is the same as the amount of the penalty—cancel the plan; or (c) if the total amount owing under the plan is more than the amount of the penalty—remove the penalty from the plan and reduce the amount owing by the amount of the penalty.

37 Infringement notice—effect of refusal to withdraw (1) If the administering authority for an infringement notice offence refuses to withdraw an infringement notice for the offence, the applicant for the withdrawal must— something mentioned in section 26 (2) (a), (b), (d) or (e); or something mentioned in section 28 (2) (a), (b), (d) or (e). Note For the recording of demerit points for the offence against the person, see the Road Transport (Driver Licensing) Act 1999, s 13A.

Effect of penalty payment etc Division 3.3AB (2) The applicant must do something under subsection (1) not later than the later of—

38 Infringement notice—guidelines for withdrawal (1) The Minister may issue guidelines for the withdrawal of infringement notices. comply with the guidelines.

39 Infringement notice—effect of penalty payment etc (1) This section applies— (a) if— (i) a person has been served with an infringement notice for an offence; and (A) the person pays the infringement notice penalty for the offence in accordance with this part; (B) the person enters into an infringement notice for the offence or the penalty is added to the person’s notice penalty for the offence; and

(iii) when the thing happened— (A) the infringement notice had not been withdrawn; and (B) a proceeding had not been brought against the person for the offence; or (b) if— (i) more than 1 infringement notice for the same infringement notice offence has been served on a person and none of the infringement notices have been withdrawn; and (A) the person pays the infringement notice penalty for the offence, in accordance with this part, in relation to 1 notice; (B) the person enters into an infringement notice for the offence, or the penalty is added to the person’s infringement notice management plan, in relation to 1 notice; notice penalty for the offence in relation to 1 notice; or (c) if— (i) an infringement notice for an infringement notice offence involving a registrable or rail vehicle has been served; and (A) a responsible person for the vehicle at the time of the offence pays the infringement notice penalty for the offence in accordance with this part; (B) a responsible person for the vehicle at the time of the offence enters into an infringement notice

for the offence, or the penalty is added to the person’s notice penalty for the offence; and (iii) when the thing happened— (A) the infringement notice had not been withdrawn; and (B) a proceeding had not been brought against a responsible person for the vehicle for the offence. (2) The person— (a) is no longer liable for the offence; and (b) must not be prosecuted for the offence; and (c) is not taken to have been convicted of the offence. (3) This section is subject to section 36 (Infringement notice— withdrawal). Division 3.3A Demerit points offences— corporation’s liability

40 Definitions—div 3.3A corporation’s motor vehicle means a motor vehicle for which the corporation is the registered operator.

41 Meaning of all reasonable steps—div 3.3A (1) In this division: all reasonable steps—a corporation that is the registered operator of a motor vehicle takes all reasonable steps to assist the administering authority to identify and locate the individual who was in possession

or control of the motor vehicle at the time of a demerit points offence involving the motor vehicle— (a) if the corporation gives the administering authority an infringement notice declaration for the offence within the time required under division 3.2 (Infringement and reminder notices) (including any additional time allowed under that division); and (b) if the administering authority requires an approved form to be completed in relation to the offence—if the corporation completes the form properly; and (c) if the person responds to any correspondence from the administering authority within 14 days after the correspondence is served on the person. Note 2 Infringement notice declaration—see s 21A. (2) For subsection (1), definition of all reasonable steps, paragraph (b), an approved form is properly completed by a corporation only if— (a) if the approved form requires particular information to be included in the form—the corporation complies with the requirement; and (b) the information the corporation includes in the form is accurate; and (c) the corporation completes the form in a way that can be understood by a reasonable person. Note Under the Legislation Act, s 255 (5), if a form requires any of the following, substantial compliance with the form is not sufficient and the form is properly completed only if the requirement is complied with: (a) the form to be signed; (b) the form to be prepared in a particular way (for example, on paper of a particular size or quality or in a particular electronic form); (c) the form to be completed in a particular way;

(d) particular information to be included in the form, or a particular document to be attached to or given with the form; (e) the form, information in the form, or a document attached to or given with the form, to be verified in a particular way (for example, by statutory declaration).

42 Demerit points offences—suspension of registration etc (a) a corporation is the registered operator of a motor vehicle; and (b) an infringement notice has been served on the corporation by an authorised person for a demerit points offence involving the motor vehicle; and (c) the infringement notice has not been withdrawn; and (d) the corporation has failed to take all reasonable steps to assist the administering authority to identify and locate the individual who was in possession or control of the motor vehicle at the time of the demerit points offence; and (e) in relation to at least 1 previous demerit points offence involving a corporation’s motor vehicle, the corporation failed to take all reasonable steps to assist the administering authority to identify and locate the individual who was in possession or control of the motor vehicle at the time of that demerit points offence. (a) send the corporation a written notice (a suspension warning notice) containing the following information: (i) the particulars of the demerit points offence, including the infringement notice penalty for the offence and the additional penalty stated in the reminder notice (if any), and the infringement notice and reminder notice (if any) for the offence, to which the suspension warning notice relates;

(ii) a statement to the effect that if the corporation continues to fail to take all reasonable steps to assist the administering authority to identify and locate the individual who was in possession or control of the corporation’s motor vehicle involved in the offence by a stated date (the suspension date), the authority will take suspension action on the suspension date; (iii) any information prescribed by regulation; (iv) any other information the road transport authority considers appropriate; and (b) if in response to the suspension warning notice, the corporation fails to take all reasonable steps to assist the administering authority to identify and locate the individual who was in possession or control of the corporation’s motor vehicle involved in the offence, before the suspension date—take the following action (the suspension action) on the suspension date: (i) if the motor vehicle involved in the offence is registered in the ACT—suspend the vehicle’s registration; (ii) if the motor vehicle involved in the offence is registered in another jurisdiction—suspend the right of everyone to drive the motor vehicle in the ACT; (iii) if the corporation has sold, transferred or otherwise disposed of its interest in the motor vehicle involved in the (A) suspend the registration of another of the corporation’s vehicles (the other motor vehicle); or (B) if the other motor vehicle is registered in another jurisdiction—suspend the right of everyone to drive the other motor vehicle in the ACT. (3) The suspension date must be at least 10 days after the suspension warning notice is sent to the corporation.

(4) If the road transport authority takes suspension action, the authority must send the corporation a notice (a suspension confirmation notice) including statements about the following: (a) the suspension date; (b) the action taken on the suspension date; (c) when the suspension ends; (d) any information prescribed by regulation; (e) any other information the road transport authority considers (5) The suspension action takes effect— (a) on the suspension date; or (b) if any other suspension action has been taken against the corporation under another provision of the road transport legislation—when that other suspension action ends. (6) A suspension ends on the earliest of the following: (a) 6 months after the day the suspension action takes effect; (b) the day the corporation gives the administering authority the information it needs to identify and locate the individual who was in possession or control of the corporation’s motor vehicle at the time of the demerit points offence; (c) the day the registration of the corporation’s motor vehicle is transferred under the Road Transport (Vehicle Registration) Act 1999 to another person and the corporation no longer has any interest in the motor vehicle.

43 Demerit points offence—effect of suspension (1) If the registration of a corporation’s motor vehicle is suspended under section 42, the road transport authority must not renew the registration until after the suspension ends.

(2) The road transport authority must not register a corporation’s motor vehicle if the right of everyone to drive the motor vehicle in the ACT is suspended under section 42.

43A Demerit points offence—review of suspension (1) If the registration of a corporation’s motor vehicle is suspended under section 42, the corporation may apply to the Magistrates Court for a review of the suspension. (2) The Magistrates Court may hear and decide the application and may make an order— (a) confirming the suspension; or (b) revoking the suspension. (3) The court may make an order under subsection (2) (b) only if the court is satisfied that the corporation has taken all reasonable steps to assist the administering authority to identify and locate the person who was in possession or control of the motor vehicle involved in the demerit points offence to which the suspension relates.

43B Offence—driving interstate corporate motor vehicle (1) A person commits an offence if— (a) the right of everyone to drive an interstate corporate motor vehicle in the ACT is suspended under section 42; and (b) the person drives the motor vehicle in the ACT. interstate corporate motor vehicle means a corporation’s motor vehicle that is registered in another jurisdiction.

44 Suspension for nonpayment of infringement notice penalties (a) an infringement notice and a reminder notice have been served on a person by an authorised person under this part or the Heavy Vehicle National Law (ACT) for an infringement notice offence; and Note A notice may be served on a person by an authorised officer for a heavy vehicle infringement notice offence (see Heavy Vehicle National Law (ACT), s 591 (1)). (b) the offence involved a registrable or rail vehicle; and (c) the infringement notice has not been withdrawn or the infringement notice penalty for the offence has not been waived; and (d) the person does not have an infringement notice management plan for the infringement notice penalty for the offence; and (e) the penalty has not been paid to the administering authority within the time for payment under this part; and (f) notice disputing liability has not been given to the administering authority in accordance with this part. (a) send the person a written notice (a suspension notice) that (b) if the infringement notice penalty is not paid before the suspension date in the suspension notice—take action under subsection (5), (6) or (7) (the suspension action) on the suspension date.

(3) A suspension notice must state— (a) particulars of the infringement notice and the reminder notice to which the suspension notice relates; and (b) that if the person does not pay the infringement notice penalty before a stated date (the suspension date), the authority will take suspension action on the suspension date; and (4) However, the suspension date must not be earlier than 10 days after the day the suspension notice is sent to the person. (5) If the person is the holder of a driver licence, the road transport authority must suspend the licence. (6) If the person is not the holder of a driver licence, or the person’s driver licence is suspended, but the vehicle involved in the offence is registered under the Road Transport (Vehicle Registration) Act 1999 and the person is the responsible person (or a responsible person) for the vehicle, the road transport authority must suspend the vehicle’s registration. (7) In any other case, the road transport authority must do 1 of the following: (a) suspend the person’s right to drive the vehicle involved in the offence in the ACT; (b) suspend the person’s right to drive any vehicle in the ACT; (c) suspend the right of everyone to drive the vehicle involved in the offence in the ACT. (8) A suspension under this section takes effect on the suspension date.

(9) If the road transport authority takes suspension action, the authority must send a suspension confirmation notice to the person that states— (a) the suspension date; and (b) the action that was taken on the suspension date; and (10) In this section: time for payment, of an infringement notice penalty, includes any extension of time allowed for payment under section 29 (Extension of time to do things).

44A Suspension for non-compliance with infringement notice (a) a person has an infringement notice management plan; and (b) the administering authority is satisfied on reasonable grounds that the person has failed to comply with the plan; and (c) notice disputing liability for the infringement notice penalty or penalties covered by the plan has not been given to the administering authority in accordance with this part. (2) The administering authority must tell the road transport authority about the non-compliance and the road transport authority must— (a) send the person a written notice (a suspension notice) that (b) if the person does not resume complying with the plan before the suspension date in the suspension notice—take action under subsection (5) or (6) (the suspension action) on the suspension date.

(3) A suspension notice must state— (a) the identifying number (however described) for the person’s infringement notice management plan; and (b) that if the person does not resume complying with the plan before a stated date (the suspension date), the road transport authority will take suspension action on the suspension date; and (4) However, the suspension date must not be earlier than 10 days after the day the suspension notice is sent to the person. (5) If the person is the holder of a driver licence, the road transport authority must suspend the licence. (6) If the person is not the holder of a driver licence, the road transport authority must suspend the person’s right to drive any vehicle in the ACT. (7) A suspension under this section takes effect on the suspension date. (8) If the road transport authority takes suspension action, the authority must send a suspension confirmation notice to the person that states— (a) the suspension date; and (b) the action that was taken on the suspension date; and (9) A regulation may make provision in relation to— (a) how the administering authority becomes satisfied that a person has failed to comply with the person’s infringement notice management plan; and

(b) information to be given to the administering authority by the person or anyone else in relation to the person’s compliance with the plan.

44B Notice of suspension confirmation notice (a) the road transport authority sends a suspension confirmation notice to a person under section 44 (Suspension for nonpayment of infringement notice penalties) or section 44A (Suspension for non-compliance with infringement notice management plan); and (b) a police officer stops the person while the person is driving a motor vehicle; and (c) the police officer tells the person that the person’s driver licence is suspended. (2) The person is taken to know that the person’s driver licence is suspended.

45 Effect of suspension (1) The road transport authority must not issue a driver licence to a person (or renew a driver licence issued to the person) if the person’s driver licence or right to drive any vehicle in the ACT is suspended under this division. (2) The period for which a person’s driver licence is suspended under this division is concurrent with any uncompleted period of driver licence suspension or disqualification applying to the person under— (a) another part; or (b) any other territory law, other than the Road Transport (Driver Licensing) Act 1999, division 2.3 (Demerit points system).

(3) Subsection (2) is subject to any order by a court in relation to the other suspension or disqualification. (4) A person whose driver licence or right to drive any vehicle in the ACT is suspended under this division is not entitled to apply for, or be issued with, a restricted licence during the suspension period. (5) The road transport authority must not register a vehicle in the name of a person if the person’s right to drive any vehicle in the ACT is suspended under this division. (6) The road transport authority must not register a vehicle if the right of everyone to drive the vehicle in the ACT is suspended under this division.

46 Transfer of registration while suspended (1) This section applies if a vehicle’s registration is suspended under this division because of an infringement notice offence for which an infringement notice has been served on a person. (2) The road transport authority must revoke the suspension if the vehicle’s registration is transferred under the Road Transport (Vehicle Registration) Act 1999 to someone else and the person no longer has any interest in the vehicle.

47 Revocation of suspension—penalty paid, discharged or waived (a) a suspension is in force under this division because of an infringement notice offence for which an infringement notice has been served on a person; and (b) the infringement notice penalty payable by the person for the (i) is paid to the administering authority; or

(ii) if the person has an infringement notice management plan for the penalty—is discharged by the person doing all of the things that the person is required to do under the plan; or (iii) is waived under section 31G (Application for waiver of penalty—decision). (2) If this section applies, the road transport authority must revoke the suspension and tell the person, in writing, that the suspension has been revoked. (3) However, the road transport authority must not revoke the suspension if the authority would then be required to take action under this division in relation to the person for another infringement notice offence and the action would or could result in a suspension having the same effect.

47A Revocation of suspension—management plan being complied with (a) a suspension is in force under this division because of an infringement notice offence for which an infringement notice has been served on a person; and (b) either— (i) the person enters into, or has the penalty added to, an infringement notice management plan for the infringement notice penalty for the offence; or (ii) if the suspension was for non-compliance with the person’s infringement notice management plan for the penalty—the administering authority is satisfied on reasonable grounds that the person has resumed complying with the plan.

(2) The administering authority must tell the road transport authority about the plan or compliance and the road transport authority must— (a) revoke the suspension; and (b) tell the person in writing that the suspension has been revoked. (3) A regulation may make provision in relation to— (a) how the administering authority becomes satisfied that a person has resumed complying with the person’s infringement notice management plan; and (b) information to be given to the administering authority by the person or anyone else in relation to the person’s compliance with the plan.

48 Review of suspension (1) A person in relation to whom a suspension is in force under this division may apply to the Magistrates Court for a review of the suspension. (2) The Magistrates Court may hear and decide an application and may make an order— (a) confirming the suspension; or (b) revoking the suspension. (3) For suspension action mentioned in section 44 (2) (b) (Suspension for nonpayment of infringement notice penalties), the court may make an order under subsection (2) (b) only if it is satisfied that 1 or more of the conditions mentioned in section 44 (1)— (a) did not exist when the suspension action was taken; or (b) no longer exists.

Disputing liability Division 3.5 (4) For suspension action mentioned in section 44A (2) (b) (Suspension for non-compliance with infringement notice management plan), the court may make an order under subsection (2) (b) only if it is satisfied that 1 or more of the conditions mentioned in section 44A (1)— (a) did not exist when the suspension action was taken; or (b) no longer exists.

51 Disputing liability for infringement notice offence (1) A person on whom an infringement notice or reminder notice has been served for an infringement notice offence may dispute liability for the offence by written notice given to the administering authority. Note For how documents may be given, see the Legislation Act, pt 19.5. (2) The notice must set out the grounds on which the person relies. Note For the time within which liability must be disputed after a person is served with an infringement notice or reminder notice, see s 26 and s 28.

53 Procedure if liability disputed (1) This section applies if a person disputes liability for an infringement notice offence by giving the administering authority a notice in accordance with section 51 (Disputing liability for infringement notice offence). (2) The administering authority may— (a) for a heavy vehicle infringement notice offence—bring a proceeding against the person under the Heavy Vehicle National Law (ACT) within 60 days after being given the notice; or Note For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.

(b) in any other case—lay an information in the Magistrates Court against the person for the offence within 60 days after being given the notice. (3) The administering authority must discontinue a proceeding brought against the person for the offence if, before the hearing of the proceeding— (a) 1 of the following happens: (i) the person pays the infringement notice penalty; (ii) the person enters into an infringement notice management plan in relation to the offence; (iii) an infringement notice in relation to the offence is added to an existing infringement notice plan; and (b) the person pays— (i) any costs prescribed by regulation for beginning the proceeding; and (ii) any disbursements incurred by the administering authority up to the day payment is made. (4) If subsection (3) applies, section 39 (Infringement notice—effect of penalty payment etc) also applies to the person in relation to the offence, even though 1 of the things mentioned in subsection (3) (a) happened in relation to the offence after a proceeding or information mentioned in subsection (2) had been brought or laid against the person for the offence. (5) If the administering authority does not bring a proceeding or lay an information mentioned in subsection (2) against the person for the offence within 60 days after being given the notice, the administering (a) tell the person, in writing, that no further action will be taken against the person for the offence; and

Disputing liability Division 3.5 (b) take no further action against the person for the offence. (6) To remove any doubt, subsection (2) does not permit the administering authority to bring a proceeding or lay an information against a person for an offence after the end of the time within which, apart from this section, a prosecution may be brought against the person for the offence. Note For the time within which a prosecution for an infringement notice offence other than a heavy vehicle infringement notice offence must be begun, see s 31. For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), pt 13.3, div 1. 53AA Presumption against responsible person If the responsible person for a registrable or rail vehicle involved in an infringement notice offence is served with an infringement notice for the offence, it is presumed in any proceeding against the person for the offence, unless the contrary is proved, that the responsible person was the individual in possession or control of the vehicle at the time of the offence. Note The responsible person for a registrable vehicle bears a legal burden of proving that the responsible person was not the individual in possession or control of the vehicle at the time of the offence (see Criminal Code, s 59 (c)).

53A Authorised people for infringement notice offences (1) The administering authority for an infringement notice offence (other than a heavy vehicle infringement notice offence) may appoint a person to be an authorised person to serve infringement notices or reminder notices for infringement notice offences or particular infringement notice offences. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). Note 3 Infringement notices for heavy vehicle infringement notice offences are served by authorised officers within the meaning of the Heavy Vehicle National Law (ACT) (see Law, s 591 (1)). (2) The regulations may prescribe a person to be an authorised person for the service of infringement notices or reminder notices for infringement notice offences, other than a heavy vehicle infringement notice offence or particular infringement notice offences. (3) In this part: authorised person means— (a) for an infringement notice or a reminder notice for a heavy vehicle infringement notice offence—an authorised officer under the Heavy Vehicle National Law (ACT); or Note An authorised officer for the Heavy Vehicle National Law (ACT) means a police officer or any other person appointed under the Law, s 481 (see also Law, s 5, def authorised officer).

Miscellaneous Division 3.6 (b) in any other case— (i) for an infringement notice for an infringement notice (A) the administering authority; or (B) a person who is appointed under subsection (1) by the administering authority to serve an infringement notice for the offence; or (C) anyone else who, under the regulations, may serve an infringement notice for the offence; or (ii) for a reminder notice for an infringement notice offence— (A) the administering authority; or (B) a person who is appointed under subsection (1) by the administering authority to serve a reminder notice for the offence; or (C) anyone else who, under the regulations, may serve a reminder notice for the offence.

54 Delegation of administering authority’s functions (1) The administering authority for an infringement notice offence may delegate the authority’s functions under this part to— (a) the road transport authority; or (b) a person prescribed by regulation; or (c) a person who is an authorised person under section 19; or (d) an authorised officer under the Heavy Vehicle National Law (ACT). Note For the making of delegations and the exercise of delegated functions,

(2) A person mentioned in subsection (1) (a) or (b) may delegate functions delegated to the person under subsection (1) to anyone else.

55 Written statements by corporations A written statement is made by a corporation for this part only if the statement is made by an executive officer of the corporation.

56 Evidentiary certificates (1) This section applies to a proceeding for an infringement notice (2) A certificate that appears to be signed by or on behalf of the administering authority, and states any matter relevant to anything done or not done under this part in relation to the offence, is evidence of the matter. (3) Without limiting subsection (2), a certificate given under that subsection may state any of the following: (a) a stated infringement notice or reminder notice was served by a stated authorised person in a stated way on a stated person on a stated date for a stated infringement notice offence; (b) the administering authority did not allow additional time, or allowed stated additional time, for payment of the infringement notice penalty or to dispute liability for the offence; (c) the infringement notice penalty was not paid within the time in which it was required to be paid under this part; (d) a stated person entered into an infringement notice management plan on a stated date; (e) a stated person agreed to take stated steps under the person’s

Miscellaneous Division 3.6 (f) a stated person took stated steps to comply with the person’s (g) a stated person did not take stated steps to comply with the person’s infringement notice management plan; (h) the administering authority gave a notice to a stated person about— (i) the person’s failure to take stated steps to comply with the person’s infringement notice management plan; and (ii) how the noncompliance was to be dealt with as agreed under the plan; (i) the administering authority took or did not take other stated steps to get a stated person to comply with the person’s infringement notice management plan; (j) the infringement notice has not been withdrawn or was withdrawn on a stated date; (k) the offence involved a stated vehicle or animal; (l) a stated person was the responsible person (or a responsible person) for a vehicle, or the owner (or an owner) of an animal, on a stated date (and, if relevant, at a stated time on that date); (m) a stated address was, on a stated date, the last home or business address of a stated person known to the administering authority; (n) a stated address or number was, on a stated date, the latest business, home or email address, or fax number, of a stated person recorded in a register or other record kept under a law of another jurisdiction corresponding to the Road Transport (Vehicle Registration) Act 1999; (o) a stated person has not given the administering authority an illegal user declaration, a known user declaration, a sold vehicle declaration or an unknown user declaration;

(p) a stated person gave the administering authority a stated declaration mentioned in paragraph (o) on a stated date; (q) a copy of a stated declaration mentioned in paragraph (o) was served by a stated authorised person in a stated way on a stated person on a stated date; (r) an infringement notice penalty has not been paid by, or a penalty has not been imposed on, a stated person or anyone for the (4) A court must accept a certificate given under this section as proof of the matters stated in it if there is no evidence to the contrary. (5) This section is additional to, and does not limit, section 72 (Certificate evidence and other evidentiary provisions).

Part 4 Enforcement of road transport Division 4.1 Production of licences and identification of people 58 Police officer or authorised person may require name, date of birth, address and driver licence—driver or rider (1) A police officer or authorised person may, in the execution of any of his or her functions under the road transport legislation, require the driver of a vehicle, or the rider of an animal, to do 1 or more of the following: (a) for the driver of a motor vehicle—produce the person’s Australian driver licence or external driver licence; (b) for the rider of an animal—require the person to produce an identification document if the person is carrying an identification document; (c) state the person’s name; (d) state the person’s date of birth; (e) state the person’s home address. Note An authorised officer (within the meaning of the Heavy Vehicle National Law (ACT)) may require a driver of a heavy vehicle to produce the driver’s driver licence (see Law, s 568). (2) A person commits an offence if the person fails to comply with a request made by a police officer or authorised person under subsection (1) (a), (c), (d) or (e). Note It is an offence to produce false or misleading documents (see Criminal Code, s 339). (3) An offence against this section is a strict liability offence.

(4) It is a defence to a prosecution for an offence against subsection (1) (a) if the defendant proves that the defendant— (a) was not the driver of a heavy vehicle, or heavy combination, when required to produce the licence; and (b) has a reasonable excuse for failing to produce the licence when required to do so; and (c) within 3 days after being required to produce the licence, produces the licence at a place prescribed by regulation or as directed by the police officer or authorised person. s (3) (see Criminal Code, s 59). (5) In this section: heavy combination—see the Heavy Vehicle National Law (ACT), section 5. identification document, includes the following: (a) an Australian driver licence or foreign driver licence; (b) a proof of identity card issued under the Liquor Act 2010, section 210 (Proof of identity cards), or a corresponding document issued under the law of a State; (c) a passport; (d) a student card; (e) a document that contains a photograph that could reasonably be taken to be the person and states the person’s name and date of birth.

58A Police officer or authorised person may require name, date of birth, address and driver licence—supervisor, instructor or assessor (1) This section applies to a person if— (a) the person is a driving instructor who is with a driver for the purposes of— (i) driver instruction; or (ii) driver assessment; or (b) the person is a heavy vehicle driver assessor who is with a driver for the purposes of driver assessment; or (c) the person is a driving supervisor who is with a person who holds a learner licence (a learner driver) while the learner driver drives a motor vehicle that displays, or ought to display, L-plates on a road or road related area. (2) A police officer or authorised person may require the person to do 1 or more of the following: (a) produce the person’s Australian driver licence; (b) state the person’s name; (c) state the person’s date of birth; (d) state the person’s home address. (3) A person commits an offence if the person fails to comply with a request made by a police officer or authorised person under subsection (2). Note It is an offence to produce false or misleading documents (see Criminal Code, s 339). (4) An offence against this section is a strict liability offence.

(5) It is a defence to a prosecution for an offence against subsection (2) (a) if the defendant proves that the defendant— (a) was a driving supervisor, driving instructor or heavy vehicle driver assessor when required to produce the licence; and (b) has a reasonable excuse for failing to produce the licence when required to do so; and (c) within 3 days after being required to produce the licence, produced the licence at a place prescribed by regulation or as directed by the police officer or authorised person. s (4) (see Criminal Code, s 59). (6) In this section: driver assessment—see the Road Transport (Driver Licensing) driver instruction—see the Road Transport (Driver Licensing) driving instructor—see the Road Transport (Driver Licensing) driving supervisor—see the Road Transport (Driver Licensing) heavy vehicle driver assessor—see the Road Transport (Driver Licensing) Regulation 2000, dictionary.

58B Police officer or authorised person may direct removal of thing covering person’s face (1) A police officer or authorised person may direct a person (the directed person) to remove anything that covers all or part of the person’s face to allow the officer or authorised person to— (a) identify the directed person in the execution of the officer’s or authorised person’s functions under the road transport legislation; or (b) carry out a test or analysis under the Road Transport (Alcohol and Drugs) Act 1977, part 2 (Examination of people for alcohol or drugs). (2) Subsection (3) applies if a thing a person is directed to remove is worn by the person for genuine religious or cultural reasons. (3) The directed person may ask the officer or authorised person to allow the person to remove the thing in either or both of the following ways: (a) in front of a police officer or an authorised person who is the same sex as the directed person; (b) at a place or in a way (or both) that gives the directed person reasonable privacy to remove the thing. (4) If a request is made under subsection (3), the police officer or authorised person must take reasonable steps to comply with the request. (5) A failure to comply with subsection (4) does not affect— (a) the validity of a thing done or not done by a police officer or authorised person under this section; or (b) the liability of a person under subsection (6).

(6) A person commits an offence if the person— (a) is given a direction under subsection (1); and (b) fails to comply with the direction. Maximum penalty: 30 penalty units. (7) Strict liability applies to subsection (6) (b). (8) It is a defence to a prosecution for an offence against subsection (6) if the defendant proves that the defendant had a medical reason for not removing the thing covering all or part of the person’s face. s (8) (see Criminal Code, s 59).

59 Seizure of licences (1) A police officer or authorised person may, with no authority other than this section, seize an Australian driver licence, public vehicle driver authority card or external driver licence, or anything resembling an Australian driver licence, public vehicle driver authority card or external driver licence, if— (a) it is produced to the police officer or authorised person by someone representing it to be the person’s Australian driver licence, public vehicle driver authority card or external driver licence; and (b) the police officer or authorised person suspects on reasonable grounds— (i) that it has been obtained in contravention of the Road Transport (Driver Licensing) Act 1999, section 29 (Obtaining licence by false statements etc), a corresponding law (within the meaning of that Act) or the law of an external territory or foreign country; or (ii) that it is unlawfully in the person’s possession; or

(iii) that it is required to be returned or surrendered to the road transport authority under the road transport legislation; or (iv) that it is defaced or altered. (2) If a person produces an Australian driver licence or external driver licence, or anything resembling an Australian driver licence or external driver licence, to a police officer or authorised person and represents it to be the person’s Australian driver licence or external driver licence, the police officer or authorised person may provide the person with adequate writing materials and require the person to provide a specimen of his or her signature on the form approved under section 225 for this subsection or in a way prescribed by regulation. (3) A person must not, without reasonable excuse, fail to comply with a request under subsection (2). (4) The grounds on which a suspicion may be formed, sufficient to authorise the seizure of an Australian driver licence, public vehicle driver authority card or external driver licence or anything else (the licence or article) under this section, include (but are not limited to) 1 or more of the following: (a) a lack of resemblance between the person shown in a photograph attached to or forming part of the licence, card or article, purporting to be a photograph of the holder, and the person who produced it; (b) a lack of resemblance between a signature on the licence or article, purporting to be the signature of the holder, and a specimen signature provided by the person who produced the licence or article; (c) a refusal by the person, after producing the licence or article, to comply with a requirement under subsection (2).

(5) An Australian driver licence, public vehicle driver authority card, external driver licence or anything else seized under this section must be given to the road transport authority as soon as practicable (but within 14 days) after the seizure. (6) If the road transport authority is satisfied that an Australian driver licence, public vehicle driver authority card or external driver licence given to the authority was lawfully in the possession of the person who produced it, the authority must return it to the person. (7) The road transport authority may deal with anything else given to the authority under this section in the way the authority considers (8) In this section: public vehicle driver authority card—see the Road Transport (Driver Licensing) Regulation 2000, dictionary.

60 Police officer or authorised person may require people to disclose identity of driver (1) If the driver of a motor vehicle is alleged to have committed an offence against the road transport legislation— (a) the responsible person for the vehicle, or the person in possession of the vehicle, must, when required to do so by a police officer or authorised person, give information (which must, if so required, be given in the form of a written statement signed by the person) about the name and home address of the driver at the time of the offence; and

(b) anyone else must, when required to do so by a police officer or authorised person, give any information that the person can give that may lead to the identification of the driver. Maximum penalty: (a) for an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 5C (Failing to stop motor vehicle for police), for a first offender—100 penalty units, imprisonment for 12 months or both; or (b) for an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 5C, for a repeat offender— 300 penalty units, imprisonment for 3 years or both; or (c) in any other case—20 penalty units. (2) It is a defence to a prosecution for an offence against subsection (1) (a) if the defendant establishes that the defendant did not know and could not with reasonable diligence have found out the driver’s name and home address. (3) If— (a) a written statement purporting to be given under subsection (1) (a) is produced in court in a prosecution of the person named in the statement as the driver of a vehicle at the time of an alleged offence against the road transport legislation; and (b) the person does not appear before the court; and (c) a copy of the statement was served on the person before the proceeding was begun; the statement is evidence without proof of signature that the named person was the driver of the vehicle at that time.

60A Meaning of first offender and repeat offender—s 60 (1) A person who is convicted or found guilty of a failing to identify or stop offence is a first offender in relation to the offence if the person is not a repeat offender in relation to the offence. Note Found guilty, of an offence—see the Legislation Act, dictionary, pt 1. (2) A person who is convicted or found guilty of a failing to identify or stop offence (the relevant offence) is a repeat offender in relation to the offence if— (a) the person has been convicted or found guilty of a failing to identify or stop offence that was committed at any time before the relevant offence was committed (whether or not the person has been convicted or found guilty of the failing to identify or stop offence when the person committed the relevant offence); or (b) the person is convicted or found guilty of 1 or more failing to identify or stop offences concurrently with being convicted of the relevant offence, and 1 or more of the identification offences were committed before the relevant offence. failing to identify or stop offence means— (a) an offence against section 60 (1) (which is about requiring people to disclose the identity of a driver), if the requirement is to give information about the driver of a motor vehicle who is alleged to have committed an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 5C (Failing to stop motor vehicle for police); or (b) an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 5C (which is about failing to stop a motor vehicle when asked or signalled to do so by a police officer).

61 Production of driver licence to court (1) A person who is the holder of a driver licence and is charged with an offence against the road transport legislation must produce his or her driver licence to the court at the hearing of the charge. (2) A person must not, without reasonable excuse, fail to comply with subsection (1). Maximum penalty (subsection (2)): 20 penalty units.

Division 4.2 Licence suspension, disqualification and related matters

61A Definitions—div 4.2 automatic disqualification provision means any of the following provisions: (a) section 60 (which is about requiring people to disclose the identity of a driver), if the requirement is to give information about the driver of a motor vehicle who is alleged to have committed an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 5C (Failing to stop motor vehicle for police); (b) section 62 (Automatic disqualification for culpable driving); (c) section 63 (Automatic disqualification for certain other driving offences); (d) the Road Transport (Alcohol and Drugs) Act 1977, section 27 their blood or breath);

(e) the Road Transport (Alcohol and Drugs) Act 1977, section 28 their blood or breath); (f) the Road Transport (Alcohol and Drugs) Act 1977, section 29 drivers for having a prescribed drug in their oral fluid or blood); (g) the Road Transport (Alcohol and Drugs) Act 1977, section 30 drivers for having a prescribed drug in their oral fluid or blood); (h) the Road Transport (Alcohol and Drugs) Act 1977, section 31 their blood or breath and a prescribed drug in their bodily fluid); (i) the Road Transport (Alcohol and Drugs) Act 1977, section 32 their blood or breath and a prescribed drug in their bodily fluid); (j) the Road Transport (Alcohol and Drugs) Act 1977, section 33 drivers for driving under the influence of intoxicating liquor or a drug); (k) the Road Transport (Alcohol and Drugs) Act 1977, section 34 drivers for driving under the influence of intoxicating liquor or a drug); (l) the Road Transport (Alcohol and Drugs) Act 1977, section 34A (which is about automatic disqualification for other offences against that Act);

(m) Road Transport (Driver Licensing) Act 1999, section 31 (3) (which is about automatic disqualification for repeat offenders for driving while not holding (and never having held) an Australian driver licence); (n) Road Transport (Driver Licensing) Act 1999, section 32 (5) (which is about automatic disqualification for an offence of driving or fraudulently applying for a driver licence while disqualified, or after licence suspension, cancellation or refusal); (o) Road Transport (Driver Licensing) Act 1999, section 32 (6) (which is about automatic disqualification for an offence of either driving while suspended, or applying for a driver licence while suspended and omitting disclosure of the suspension). driver trainer—see the Road Transport (Alcohol and Drugs) Act 1977, section 4BA. immediate suspension notice (or suspension notice) means a notice under section 61B given to a person for an immediate suspension immediate suspension offence (or suspension offence) means an offence against any of the following provisions in the circumstances (if any) mentioned for the provision: (a) section 60 (Police officer or authorised person may require people to disclose identity of driver), if the requirement is to give information about the driver of a motor vehicle who is alleged to have committed an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 5C (Failing to stop motor vehicle for police); (b) the following, if the person to whom the offence relates is not a driver trainer: (i) the Road Transport (Alcohol and Drugs) Act 1977, section 19 (Prescribed concentration of alcohol in blood or breath);

(ii) the Road Transport (Alcohol and Drugs) Act 1977, section 20 (Prescribed drug in oral fluid or blood—driver or driver trainer); (iii) the Road Transport (Alcohol and Drugs) Act 1977, section 21 (Prescribed concentration of alcohol and prescribed drug in bodily fluid); (c) the Road Transport (Alcohol and Drugs) Act 1977, section 22 (Refusing to provide breath sample); (d) the Road Transport (Alcohol and Drugs) Act 1977, section 22A (Refusing to provide oral fluid sample); (e) the Road Transport (Alcohol and Drugs) Act 1977, section 22C (Refusing to undergo screening test); (f) the Road Transport (Alcohol and Drugs) Act 1977, section 23 (Refusing blood test etc); (g) the Road Transport (Alcohol and Drugs) Act 1977, section 24 (Driving under the influence of intoxicating liquor or a drug); (h) an offence prescribed for the Road Transport (Alcohol and Drugs) Act 1977, dictionary definition of disqualifying offence, paragraph (i) by regulation under that Act; (i) the Road Transport (Road Rules) Regulation 2017, section 20 (Obeying speed limit), if the driver exceeds the speed limit applying to the driver by more than 45km/h; (j) the Road Transport (Safety and Traffic Management) Act 1999, section 5C (Failing to stop motor vehicle for police); (k) the Road Transport (Safety and Traffic Management) Act 1999, section 7 (Furious, reckless or dangerous driving), if the offence is an aggravated offence.

Section interstate driver licence means a licence (including a conditional licence, learner licence, probationary licence, provisional licence or restricted licence or a driver licence receipt) issued under the law of another State authorising the holder to drive a motor vehicle on a road or road related area. special driver—see the Road Transport (Alcohol and Drugs) Act 1977, section 4B. suspension notice—see immediate suspension notice. suspension offence—see immediate suspension offence. 61AA Meaning of first offender and repeat offender—div 4.2 (1) A person who is convicted or found guilty of a disqualifying offence is a first offender in relation to the offence if the person is not a repeat offender in relation to the offence. (2) A person who is convicted or found guilty of a disqualifying offence is a repeat offender in relation to the offence if— (a) the person has been convicted or found guilty of a relevant offence committed at any time before the disqualifying offence was committed (whether or not the person had been convicted or found guilty of the relevant offence when the person committed the disqualifying offence); or (b) the person is convicted or found guilty of 1 or more relevant offences concurrently with being convicted or found guilty of the disqualifying offence, and 1 or more of the relevant offences were committed before the disqualifying offence. Note Found guilty, of an offence, includes having the offence taken into account under the Crimes (Sentencing) Act 2005, s 57 (Outstanding additional offences taken into account in sentencing) (see Legislation Act, dict, pt 1).

disqualifying offence means— (a) for section 62 (Automatic disqualification for culpable driving)—an offence of culpable driving; or (b) for section 63 (Automatic disqualification for certain other driving offences)—an offence mentioned in section 63 (1). relevant offence means any of the following: (a) an offence of culpable driving; (b) an offence mentioned in section 63 (1). 61B Immediate suspension of licence (1) If a police officer believes on reasonable grounds that a person has committed an immediate suspension offence, the police officer must give the person an immediate suspension notice for the offence. Note For how documents may be given, see the Legislation Act, pt 19.5. (2) A suspension notice must include the following information: (a) a unique identifying number; (b) the date and time the notice is given; (c) the full name, or surname and initials, and home address of the person; (d) particulars of the suspension offence to which the notice relates and— (i) if the offence is against the Road Transport (Alcohol and Drugs) Act 1977, section 19 (Prescribed concentration of alcohol in blood or breath)—the concentration of alcohol alleged to be present in the person’s blood or breath; and

(ii) if the offence is against the Road Transport (Road Rules) Regulation 2017, section 20 (Obeying speed limit)—the speed at which the person is alleged to have been driving; (e) the service number of the police officer who gave the suspension notice; (f) a statement telling the person that while the notice is in effect— (i) if the person is the holder of a driver licence—the person’s licence is suspended; and (ii) if the person is the holder of an interstate driver licence or an external driver licence—the person’s right to drive in the ACT is suspended; and (iii) the person’s driver licence must be surrendered to a police officer in accordance with the requirements of the notice; and (iv) if the person is the holder of a driver licence—the person must not drive a vehicle; and (v) if the person is the holder of an interstate driver licence or an external driver licence—the person must not drive a vehicle in the ACT; and (vi) the person is not eligible to apply for a driver licence; and (vii) the person has a right to apply to the Magistrates Court for a stay of the suspension notice; (g) a statement telling the person that the notice ceases to have effect if any of the circumstances mentioned in subsection (5) apply; (h) anything else prescribed by regulation. (3) A suspension notice takes effect as soon as it is served on the person.

(4) The following provisions apply if a person is served with a suspension notice: (a) if the person is the holder of a driver licence—the person’s licence is suspended; (b) if the person is the holder of an interstate driver licence or an external driver licence—the person’s right to drive in the ACT is suspended; (c) the person must surrender to a police officer the person’s driver licence or, if the person is unable to do so at the time, the person must surrender the licence as soon as practicable in accordance with the requirements of the suspension notice; (d) if the person is the holder of a driver licence—the person must not drive a vehicle; (e) if the person is the holder of an interstate driver licence or an external driver licence—the person must not drive a vehicle in the ACT; (f) the person is not entitled to apply for, or be issued with, a restricted licence during the suspension period. Note A person served with a suspension notice may apply to the Magistrates Court for a stay of the operation of the suspension notice (see s 61F). 61BA When a suspension notice ceases to have effect (1) This section applies if an immediate suspension notice is served on a person for an immediate suspension offence under section 61B (1). (2) The suspension notice ceases to have effect if— (a) the maximum suspension time has elapsed since the day the suspension notice was served; or (b) the Magistrates Court orders a stay of the suspension notice; or (c) the chief police officer or the DPP gives the person written notice that no proceeding will be brought for the offence; or

(d) the offence is found proved, dismissed or taken into account by a court; or (e) if a proceeding was brought for the offence—any of the following happens: (i) the chief police officer or the DPP gives the person written notice that the proceeding is to be withdrawn or discontinued; (ii) the proceeding is withdrawn or discontinued other than under section 53 (3); or (f) if an infringement notice was given for the offence and the person has not disputed the notice under section 51—the infringement notice is withdrawn; or (g) if an infringement notice was given for the offence and the person has disputed the notice under section 51—any of the following happens: (i) the administering authority tells the person under section 53 (5) that no further action will be taken against the person for the offence; (ii) the administering authority has not brought a proceeding within the time allowed under section 53; or (h) if the offence is an infringement notice offence—the administering authority gives the person written notice that no infringement notice will be given for the offence. bring, in relation to a proceeding for an offence, includes lay an information.

maximum suspension time means— (a) if an infringement notice was given for the offence and the person does not dispute the notice under section 51—180 days; or (b) if a proceeding is discontinued under section 53 (3) and 90 days have not elapsed since the day the suspension notice was served—180 days; or (c) in any other case—90 days. 61BB Additional suspension notice—discontinued infringement notice proceedings (a) an immediate suspension notice is served on a person for an immediate suspension offence; and (b) an infringement notice is given for the offence; and (c) the person disputes the infringement notice under section 51; and (d) 90 days or more have elapsed since the day the immediate suspension notice was served; and (e) a proceeding for the offence is discontinued under section 53 (3). (2) A police officer may serve an additional immediate suspension notice on the person. (3) An additional immediate suspension notice is taken to have been served under section 61B (1). Note The maximum suspension time for an additional suspension notice is 90 days (see s 61BA (3), def maximum suspension time, par (c)).

61BC Road transport authority to return surrendered licence If a person has surrendered their driver licence under an immediate suspension notice and the suspension notice ceases to have effect, the road transport authority must return the driver licence to the person as soon as practicable.

61C Drive while suspension notice in effect (1) A person commits an offence if— (a) the person has been served with an immediate suspension notice; and (b) the notice has not ceased to have effect; and (c) the person contravenes section 61B (4) (d) or section 61B (4) (e), whichever applies.

61D Failure to surrender suspended licence (1) A person commits an offence if the person fails to surrender the person’s driver licence when required to do so under section 61B (4) (c).

61E Surrendered licences (1) This section applies if a driver licence is surrendered to a police officer under section 61B. (2) The police officer must give the licence to the road transport authority as soon as practicable (but within 14 days) after the licence is surrendered to the police officer.

61F Application for stay of suspension notice (1) A person served with a suspension notice under section 61B (Immediate suspension of licence) may apply to the Magistrates Court for a stay of the operation of the suspension notice. (2) The application may be made by filing the following documents not later than 28 days after the day the applicant was served with the suspension notice: (a) a notice setting out the grounds of the application; (b) an affidavit in support of the application. (3) The registrar must, as soon as practicable after the application is filed— (a) set a hearing date for the application; and (b) give the applicant and the chief police officer written notice of the time and place of the hearing of the application. (4) The chief police officer must file any relevant material that the chief police officer proposes to rely on at the hearing of the application, not later than 10 days after the day the chief police officer was given the documents mentioned in subsection (2). (5) The registrar must, as soon as practicable after the chief police officer has filed any documents under subsection (4), give the applicant a copy of the documents. (6) Despite any error in a notice under subsection (3) or a failure to give notice under that subsection, the court may hear and decide the application if it is satisfied that the parties— (a) knew about the time and place of the hearing; and (b) were not prejudiced by the error or failure.

61G Deciding application (1) The Magistrates Court may hear and decide an application under section 61F and may make— (a) an order confirming the decision to give the applicant an immediate suspension notice; or (b) an order staying the operation of the suspension notice; or (c) any other order the court considers appropriate. (2) However, the court must not make an order under subsection (1) (b) unless satisfied that exceptional circumstances justify making the order. (3) The court must take into account the following matters when deciding if exceptional circumstances justify making an order under subsection (1) (b): (a) the risk to the safety of other road users; (b) the applicant’s need for a licence; (c) the matters contained in the suspension notice; (d) any other matter the court considers relevant. (4) In deciding a person’s application under section 61F, the court must not decide— (a) the guilt or innocence of the person for the offence to which the suspension notice relates; or (b) the imposition or level of a penalty for the offence.

62 Automatic disqualification for culpable driving (1) If a court convicts a person, or finds a person guilty, of an offence of culpable driving, the person is automatically disqualified from holding or obtaining a driver licence— (a) for a first offender—for 12 months; or

(b) for a repeat offender—for 24 months; or (c) if the court orders a longer period for an offender than applies to the offender under paragraph (a) or (b)—for the longer period. (2) If the Magistrates Court commits the person to the Supreme Court for sentence under the Magistrates Court Act 1930, section 92A, subsection (1) applies as if the Supreme Court had convicted the person. (3) If the person is already disqualified from holding or obtaining a driver licence, or the person’s driver licence is suspended, the disqualification under this section takes effect at the end of the existing disqualification or suspension. (4) A disqualification under this section is in addition to any penalty

63 Automatic disqualification for certain other driving offences (1) This section applies to the following offences: (a) an offence against section 60 (which is about requiring people to disclose the identity of a driver), if the requirement is to give information about the driver of a motor vehicle who is alleged to have committed an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 5C (Failing to stop motor vehicle for police); (b) an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 5A (1) or (5) (which are about races, attempts on speed records, speed trials etc); (c) an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 5B (2) or (4) (which are about improper use of a motor vehicle);

(d) an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 5C (which is about failing to stop a motor vehicle when asked or signalled to do so by a police officer); (e) an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 6 (1) (which is about negligent driving) that occasions death or grievous bodily harm (within the meaning of that section); (f) an offence (including an aggravated offence) against the Road Transport (Safety and Traffic Management) Act 1999, section 7 (1) (which is about furious, reckless or dangerous driving); (g) an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 8 (1) or (2) (which are about menacing driving); (h) an offence against the Road Transport (Road Rules) Regulation 2017, section 20 (Obeying speed limit), if the driver exceeds the speed limit applying to the driver by more than 45km/h. (2) If a court convicts a person, or finds a person guilty, of an offence to which this section applies, the person is automatically disqualified from holding or obtaining a driver licence— (a) for a first offender—for 3 months or, if the court orders a longer period, the longer period; or (b) for a repeat offender—for 12 months or, if the court orders a longer period, the longer period.

(3) However, if a court convicts a person, or finds a person guilty, of an offence mentioned in subsection (1) (e), the person is automatically disqualified from holding or obtaining a driver licence— (a) if the offence occasions death— (i) for a first offender—for 9 months; or (ii) for a repeat offender—for 18 months; or (b) if the offence occasions grievous bodily harm— (i) for a first offender—for 6 months; or (ii) for a repeat offender—for 12 months; or (c) if the court orders a longer period for an offender than applies to the offender under paragraph (a) or (b)—for the longer period. (4) Also, if a court convicts a person, or finds a person guilty, of an aggravated offence mentioned in subsection (1) (f), the person is automatically disqualified from holding or obtaining a driver licence for 12 months or, if the court orders a longer period, the longer period. (5) If the person is already disqualified from holding or obtaining a driver licence, or the person’s driver licence is suspended, the disqualification under this section takes effect at the end of the existing disqualification or suspension. (6) A disqualification under this section is in addition to any penalty

64 Court may order disqualification for other offences (1) A court that convicts a person, or finds a person guilty, of an offence against the road transport legislation may disqualify the person from holding or obtaining a driver licence for the period the court considers

(2) However, if the offence is an offence against an automatic disqualification provision, any order under subsection (1) is subject to the automatic disqualification period for the offence. (3) If the court disqualifies the person, the person is disqualified from holding or obtaining a driver licence for the period ordered by the court. (4) A disqualification under this section is in addition to any penalty Note A court may also order that a driver is disqualified from obtaining or holding an Australian driver licence under the Heavy Vehicle National Law (ACT), s 598A.

65 Disqualification until court order holding or obtaining a driver licence because of being convicted, or found guilty, of an offence, or offences, against the road transport legislation or any other territory law; and (b) the total period of disqualification (the compulsory disqualification period) is 12 months or more. (2) If the court that convicts the person, or finds the person guilty, of an offence mentioned in subsection (1) is satisfied, after considering the matters mentioned in subsection (7) and any other matters the court considers relevant, that it is necessary in the public interest to do so, the court may disqualify the person from holding or obtaining a driver licence from the end of the compulsory disqualification period until the disqualification is set aside under subsection (3). (3) If a court is satisfied, on application by a person who is disqualified under subsection (2) and after considering the matters mentioned in subsection (7) and any other matters the court considers relevant, that the disqualification is no longer necessary in the public interest, it may set the disqualification aside.

(4) An application under subsection (3) must be given to the registrar of the court with an affidavit of the applicant setting out the grounds of the application. (5) The respondents to an application are the road transport authority and the chief police officer. (6) If the Magistrates Court commits a person mentioned in subsection (1) to the Supreme Court for sentence under the Magistrates Court Act 1930, section 92A, subsection (2) applies as if the Supreme Court had convicted the person. (7) For subsection (2) or (3), the court must consider the following matters: (a) the total period for which the person concerned is, or has been, disqualified from holding or obtaining a driver licence; (b) the person’s history of offences (including offences for which infringement notices were served on the person)— (i) against the road transport legislation or a law of another jurisdiction corresponding to it (or to part of it); or (ii) against another law of any jurisdiction in relation to the use of motor vehicles; (c) any relevant rehabilitation or remedial action undertaken, or to be undertaken, by the person; (d) the risk to the safety of other road users. (8) In this section: infringement notice includes a notice (however described) served on a person under the law of another jurisdiction that gives the person the option of paying an amount for an offence instead of being charged with the offence.

66 Effect of disqualification (1) If a person is disqualified (whether or not by court order) from holding or obtaining a driver licence because of being convicted, or found guilty, by a court of an offence against a territory law, the disqualification operates to cancel any driver licence held by the person at the time of his or her disqualification. (2) The cancellation takes effect at the same time as the disqualification. (3) If a person is disqualified from holding or obtaining an Australian driver licence in another jurisdiction because of being convicted, or found guilty, by a court of that jurisdiction for an offence against the law of that jurisdiction, the disqualification has effect in the ACT as if it were a disqualification from holding or obtaining a driver licence made under a territory law because the person had been convicted by an ACT court of an offence against a territory law. (4) If the holder of a driver licence is disqualified as mentioned in subsection (1) or (3), the person must surrender the licence— (a) if the person is present at the court, the court is an ACT court and the person is in possession of his or her driver licence—to the registrar immediately after being disqualified; or (b) in any other case—to the road transport authority as soon as practicable (but within 14 days) after being disqualified. (5) If a driver licence is surrendered to the registrar of a court, the registrar must give the licence to the road transport authority.

(6) Subject to any other provision of this division, a person who is disqualified from holding or obtaining a driver licence is not eligible to apply for, or be issued with, another driver licence, other than a restricted licence, or a driver licence with an interlock condition, during the period of disqualification. Note 1 Sections 66A to 67C affect the eligibility of a person to apply for or be issued with a restricted licence. Note 2 The following provisions of the road transport legislation also contain limitations on the issue of restricted licences: • s 45 (3) (which is about suspension in relation to an infringement notice) • s 88 (4) (which is about suspension or disqualification for default in payment of an outstanding fine) • the Road Transport (Driver Licensing) Act 1999, s 18 (4), s 19 (7), s 20 (3) and s 21 (7) (which are about suspension or licence ineligibility under the demerit points system) • the Road Transport (Driver Licensing) Act 1999, s 33 (5) (which is about cancellation of a restricted licence because of contravention of its conditions) • the Road Transport (Driver Licensing) Regulation 2000. Note 3 The Road Transport (Driver Licensing) Regulation 2000, pt 3A (Alcohol ignition interlock devices) and s 103AA (Overseas drivers––eligibility criteria) set out the circumstances in which a person may be eligible for a driver licence with an interlock condition. (7) In this section: interlock condition––see the Road Transport (Driver Licensing) Regulation 2000, section 73W.

66A Person disqualified in another jurisdiction not eligible for restricted licence (1) This section applies to a person if the person is disqualified from holding or obtaining an Australian driver licence in another jurisdiction.

67 Disqualified repeat offender not eligible for restricted licence—automatic disqualification provisions (1) This section applies to a person if the person is— (a) disqualified from holding or obtaining a driver licence under an automatic disqualification provision; and (b) a repeat offender for the offence to which the disqualification relates. driver licence during the period of disqualification.

67A Eligibility of disqualified first offender for restricted licence—automatic disqualification provisions (1) This section applies to a person if the person is— (a) disqualified from holding or obtaining a driver licence under an automatic disqualification provision; and (b) a first offender for the offence to which the disqualification relates. (2) Subsection (3) applies to the person if— (a) the person is disqualified from holding or obtaining a driver licence under the Road Transport (Alcohol and Drugs) Act 1977, section 27 (Automatic driver licence disqualification—first offenders, s 19); and (b) when the person committed the offence the person was either— (i) a special driver with a concentration of alcohol of 0.05g or more in 100mL of the person’s blood or 210L of the person’s breath; or

(ii) a driver other than a special driver with a concentration of alcohol of 0.1g or more in 100mL of the person’s blood or 210L of the person’s breath when the person committed the (3) The person is not eligible to apply for, or be issued with, a restricted (4) Subsection (5) applies to the person if the person is disqualified from holding or obtaining a driver licence under an automatic disqualification provision, other than the Road Transport (Alcohol and Drugs) Act 1977, section 27. (5) The person is not eligible to apply for, or be issued with, a restricted licence until the end of the minimum period of disqualification applying to the person under the automatic disqualification provision in relation to the offence (whether or not the period is expressed to be such a minimum period). Examples—minimum periods of disqualification 1 For s 62, the minimum period of disqualification is 6 months (see s 62 (1) (a)). 2 For the Road Transport (Alcohol and Drugs) Act 1977, s 34A, the minimum disqualification period is 6 months (see that Act, s 34A (2) (b)). 3 For the Road Transport (Driver Licensing) Act 1999, s 32 (1), (2) or (3), the minimum period of disqualification is 12 months (see that Act, s 32 (5) (a)). Note The Road Transport (Alcohol and Drugs) Act 1977, s 27 applies to first offenders and only applies for this section if the offender has a limited concentration of alcohol in their blood or breath. That Act, s 28 applies to repeat offenders.

67B Person disqualified until court order not eligible for restricted licence (1) This section applies to a person if the person is disqualified from holding or obtaining a driver licence under section 65 (Disqualification until court order).

67C Disqualification while holder of restricted licence (1) This section applies to a person who is the holder of a restricted licence and is disqualified (whether or not by court order) from holding or obtaining a driver licence because of being convicted or found guilty by a court in Australia of an offence against the law of any jurisdiction. (2) The person is not eligible to apply for, or be issued with, another restricted licence for the remainder of the period for which the person was originally disqualified from holding or obtaining a driver licence.

68 When licence disqualification takes effect If a person is disqualified (whether or not by court order) from holding or obtaining a driver licence because of being convicted or found guilty by a court in Australia of an offence against the law of any jurisdiction, the disqualification takes effect from the time of the conviction or finding or, if the court orders a later date, on the later date.

69 Multiple disqualifications cumulative unless court orders otherwise If— holding or obtaining an Australian driver licence because of being convicted or found guilty by a court in Australia of an offence against the law of any jurisdiction; and (b) before the period of disqualification has ended, the person is again so disqualified; the periods of disqualification are cumulative unless a court in Australia orders otherwise.

70 Additional powers of court The powers of a court under this division are additional to the other powers of the court.

71 Effect on disqualification of quashing of conviction etc holding or obtaining a driver licence because of being convicted or found guilty by a court in Australia of an offence against the law of any jurisdiction; and (b) the conviction or finding is quashed or set aside. (2) The disqualification ceases to have effect, and any driver licence cancelled because of the disqualification is taken not to have been so cancelled. Division 4.3 Evidentiary provisions in relation to road transport legislation

72 Certificate evidence and other evidentiary provisions (1) A certificate that appears to be signed by or on behalf of the road transport authority or the MAI commissioner, and states any of the following matters, is evidence of: (a) a matter that appears in or can be worked out from the demerit points register or driver licence register kept under the Road Transport (Driver Licensing) Act 1999; (b) a matter that appears in or can be worked out from (or does not appear in or cannot be worked out from) the registrable vehicles register kept under the Road Transport (Vehicle Registration) Act 1999;

Evidentiary provisions in relation to road transport legislation Division 4.3 (c) a matter that appears in, or can be worked out from a person’s interlock data record under the Road Transport (Driver Licensing) Regulation 2000; (d) whether a stated vehicle was or was not the nominated vehicle for a stated person under the Road Transport (Driver Licensing) Regulation 2000, section 73X (Nomination of vehicle); (e) whether a stated nominated vehicle for a stated person under the Road Transport (Driver Licensing) Regulation 2000, section 73X (Nomination of vehicle) had or did not have a fitted interlock; (f) whether a stated person had or did not have an interlock exemption with or without conditions, under the Road Transport (Driver Licensing) Regulation 2000, division 3A.3 (Interlock exemptions); (g) a matter that appears in, or can be worked out from, the MAI insurance licence register kept under the Motor Accident Injuries Act 2019; (h) a matter that appears in or can be worked out from any other record kept by the authority under the road transport legislation. Note MAI commissioner—see the Motor Accident Injuries Act 2019, (2) A certificate that appears to be signed by or on behalf of an approved interlock installer or an approved interlock service provider under the Road Transport (Driver Licensing) Regulation 2000 and states that a matter that appears in, or can be worked out from, a person’s interlock data record under that regulation is evidence of the matter. (3) A certificate mentioned in subsection (1) or (2) may state a matter by reference to a date or period. (4) A certificate that appears to be signed by or on behalf of the road transport authority or the MAI commissioner, and states any matter prescribed by regulation for this section, is evidence of the matter.

(5) A court may admit as evidence a document issued under the law of another jurisdiction, an external territory or foreign country that relates to— (a) whether a person has or does not have an Australian driver licence or external driver licence, the extent of the authority given by such a licence and any conditions of such a licence; or (b) whether a person is or was disqualified from holding or obtaining an Australian driver licence or external driver licence and the circumstances of any such disqualification; or (c) any offence against a law of that other jurisdiction corresponding to the road transport legislation (or a provision of it), or against another law of that jurisdiction in relation to the use of a motor vehicle or driver licensing, of which a person has been convicted or found guilty, or for which an infringement notice has been served on a person, including any penalty imposed or other order made in relation to the offence and any disqualification from holding or obtaining an Australian driver licence applying to the person because of the offence; or (d) demerit points incurred by a person; or (e) anything else prescribed by regulation. (6) A court may admit as evidence a document that is issued under a law of another jurisdiction corresponding to this section and that relates to— (a) the registration or non-registration of a registrable vehicle; or (b) a person recorded on a register of registrable vehicles, kept under the law of that jurisdiction that corresponds to the Road Transport (Vehicle Registration) Act 1999, as a registered operator of a registrable vehicle; or (c) the GCM, GVM, load capacity or identification of a motor vehicle; or

Evidentiary provisions in relation to road transport legislation Division 4.3 (d) anything else about the use of registrable vehicles or light rail vehicles on roads or road related areas. (7) A court must accept a certificate or other document mentioned in this section as proof of the matters stated in it if there is no evidence to the contrary. (8) A court may or must admit into evidence other documents prescribed by regulation in the circumstances prescribed by regulation. (9) In a proceeding in a court, proof that a registrable vehicle does not have a numberplate on it issued under the Road Transport (Vehicle Registration) Act 1999 is evidence that the vehicle is not registered if there is no evidence to the contrary. (10) In this section: GCM—see the Road Transport (Vehicle Registration) Act 1999, GVM—see the Road Transport (Vehicle Registration) Act 1999, infringement notice means a notice (however described) served on a person under the law of another jurisdiction that gives the person the option of paying an amount for an offence instead of being charged with the offence.

72A Evidentiary certificate—use etc of road or road related area (1) In a proceeding under the road transport legislation, a certificate that appears to be signed by or on behalf of an owner of land, or a representative of the owner, and states any of the following matters, is evidence of the matter: (a) that an area of the land is or is not a road; (b) that an area of the land is, or is not, open to or used by the public for driving, riding or parking vehicles;

(c) that a person was, on a stated date, the owner of the land, or a representative of the owner. (2) A court must accept a certificate mentioned in subsection (1) as proof of the matters stated in it if there is no evidence to the contrary. owner, of land, includes the lessee or occupier of the land.

73 Acts and omissions of representatives (1) In this section: representative means— (a) for a corporation—an executive officer, employee or agent of the corporation; or (b) for an individual—an employee or agent of the individual. state of mind, of a person, includes— (a) the person’s knowledge, intention, opinion, belief or purpose; and (b) the person’s reasons for the intention, opinion, belief or purpose. (2) This section applies to a prosecution for any offence against the road transport legislation. (3) If it is relevant to prove a person’s state of mind about an act or omission, it is enough to show— (a) the act was done or omission made by a representative of the person within the scope of the representative’s actual or apparent authority; and (b) the representative had the state of mind.

Proceedings for offences under road transport legislation Division 4.4 (4) An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission. (5) An individual who is convicted of an offence cannot be punished by imprisonment for the offence if the individual would not have been convicted of the offence without subsection (3) or (4). Division 4.4 Proceedings for offences under road transport legislation

74 Proceedings for offences An offence against the road transport legislation may be prosecuted summarily before the Magistrates Court.

75 Short descriptions of offences (1) An offence against the road transport legislation is sufficiently stated or described in an information, summons, subpoena, warrant, notice, order or other document, if it is stated or described using— (a) the short description prescribed by regulation for the offence; or (b) an expression substantially the same as the short description. (2) This section does not affect any other way of stating or describing an

76 Speed inhibitor conditions (1) A regulation may— (a) provide that any driver licence held by a person who has been convicted, or found guilty, of an offence against the Road Transport (Safety and Traffic Management) Act 1999 prescribed by regulation for this section is automatically subject, or may be ordered by a court to be subject, to a speed inhibitor condition; and (b) provide a penalty for breach of a speed inhibitor condition; and (c) prescribe any matter necessary or convenient to be prescribed in relation to devices mentioned in subsection (2), definition of speed inhibitor condition. speed inhibitor condition means a condition limiting a driver licence to the driving of a motor vehicle to which is fitted a sealed device preventing the engine from propelling the vehicle at more than the speed prescribed by regulation for this definition.

77 Compensation for loss of time etc (1) If an information is laid by anyone (except a police officer, an authorised person or the road transport authority) for an offence against the road transport legislation and the proceeding is dismissed or withdrawn, the court may order the person to pay to the defendant, as well as any costs or disbursements, compensation for loss of time or anything else. (2) Subsection (1) extends to a court hearing an appeal in the proceeding.

Miscellaneous Division 4.5

78 Effect on certain cancellations of quashing of conviction etc (a) a person’s driver licence is cancelled (whether or not by court order) because the person is convicted or found guilty by a court in Australia of an offence against a law of any jurisdiction; and (b) the conviction or finding is quashed or set aside; and (c) section 71 (Effect on disqualification of quashing of conviction etc) does not apply to the cancellation. (2) From the time the conviction or finding is quashed or set aside, the driver licence is taken not to have been so cancelled.

79 Registrar to provide particulars of convictions, orders etc (1) This section applies if a court— (a) convicts a person, or finds a person guilty, of an offence— (i) against the road transport legislation; or (ii) of culpable driving; or (b) makes an order against a person under the road transport (2) The registrar must give particulars of the conviction, finding or order to the road transport authority.

Part 5 Further provisions about vehicles, roads and road related areas

80 Power of entry for tracing stolen motor vehicles or trailers or their parts A police officer authorised by the chief police officer may— (a) at any reasonable time, enter any premises or place where the business of carrying out repairs, resulting from accidents, to damaged motor vehicles or trailers is ordinarily carried on; and (b) inspect any motor vehicle or trailer, or part of a motor vehicle or trailer, in or on the premises or place to find out whether it is a stolen motor vehicle, trailer or part.

81 Use of tyre deflation devices (1) The chief police officer may authorise police officers to use tyre deflation devices. (2) Subsection (1) applies despite any other territory law that would prohibit or restrict the use of tyre deflation devices by police officers. tyre deflation devices means any device or substance designed to cause the deflation of vehicle tyres.

Other powers Division 5.1