307Expiry—pt 14

307 Expiry—pt 14 This part (other than section 305) expires 15 years after the commencement day. Note Transitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88). (see s 4) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • ACT • administrative unit • Australian citizen • chief police officer • Commonwealth • director-general (see s 163) • entity • exercise • found guilty (of an offence) • function • home address • instrument • internal territory • public employee • registrar • reviewable decision notice • State • statutory declaration • the Territory. Note 3 This dictionary defines some key words and expressions that may not be used in this Act but are used in other road transport legislation. Note 4 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 (see s 8). administering authority, for an infringement notice offence, means the entity that, under the regulations, is the administering authority for the offence. alcohol awareness course—see the Road Transport (Driver Licensing) Regulation 2000, section 73I. all reasonable steps— (a) for division 3.3 (Infringement notice offences involving registrable and rail vehicles)—see section 32; and (b) for division 3.3A (Demerit points offences—corporation’s liability)—see section 41. another jurisdiction means a jurisdiction other than the ACT. approved community work or social development program, for part 3 (Infringement notices for certain offences)—see section 21A. Australian Design Rule—see the Road Transport (Vehicle Registration) Regulation 2000, schedule 1 (Light vehicle standards), section 1.10. Australian driver licence—see the Road Transport (Driver Licensing) Act 1999, dictionary. authorised person means— (a) for part 3 (Infringement notices for certain offences)—see section 53A (3); and (b) in any other case— (i) a person who is appointed as an authorised person under section 19 for the provision; or (ii) a person who, under the regulations, is an authorised person for the provision. automatic disqualification provision, for division 4.2 (Licence suspension, disqualification and related matters)—see section 61A. bicycle means a vehicle with 2 or more wheels that is built to be propelled by human power through a belt, chain or gears (whether or not it has an auxiliary motor) and— (a) includes a pedicab, penny-farthing and tricycle; and (b) includes a power-assisted pedal cycle within the meaning of the national road vehicle standards determined under the Road Vehicle Standards Act 2018 (Cwlth), section 12; but (c) does not include— (i) a wheelchair, wheeled recreational device or wheeled toy; or (ii) a vehicle (other than a vehicle mentioned in paragraph (b)) with an electric motor capable of generating a power output over 200W (whether or not the motor is operating); or (iii) a vehicle that has an internal combustion engine; or (iv) a personal mobility device. combination means a group consisting of a motor vehicle connected to 1 or more other vehicles. conditional licence—see the Road Transport (Driver Licensing) corporation’s vehicle, for division 3.3A (Demerit points offences— corporation’s liability)—see section 40. credit card includes a debit card. date of service, of an infringement notice or reminder notice that has been, or is to be, served on a person, means the date the notice is served on the person. decision-maker, for part 7 (Notification and review of decisions)— see section 90. demerit points offence—see the Road Transport (Driver Licensing) Act 1999, section 13. drive, a vehicle, includes— (a) be in control of the steering, movement or propulsion of the vehicle; and (b) if the vehicle is a trailer—draw or tow the vehicle; and (c) if the vehicle can be ridden—ride the vehicle. driver, of a vehicle, means the person driving the vehicle. driver licence—see the Road Transport (Driver Licensing) Act 1999, driver licence receipt—see the Road Transport (Driver Licensing) driver trainer, for division 4.2 (Licence suspension, disqualification and related matters)––see section 61A. drug awareness course—see the Road Transport (Driver Licensing) Regulation 2000, section 73R. executive officer, of a corporation, means a person, however described and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management. external driver licence—see the Road Transport (Driver Licensing) Note An external driver licence is a foreign driver licence or an external territory driver licence. first offender— (a) for section 60 (Police officer or authorised person may require people to disclose identity of driver)—see section 60A; and (b) for division 4.2 (Licence suspension, disqualification and related matters)—see section 61AA. heavy vehicle infringement notice offence (or HVINO), for part 3 (Infringement notices for certain offences)—see section 21A. HVINO—see heavy vehicle infringement notice offence. illegal user declaration, for part 3 (Infringement notices for certain immediate suspension notice (or suspension notice), for division 4.2 (Licence suspension, disqualification and related matters)—see section 61A. immediate suspension offence (or suspension offence), for division 4.2 (Licence suspension, disqualification and related matters)—see section 61A. infringement notice—see section 24 (7) (Infringement notices). infringement notice declaration, for part 3 (Infringement notices for infringement notice management plan, for part 3 (Infringement notices for certain offences)—see section 31A. infringement notice offence means an offence prescribed by regulation as an infringement notice offence. infringement notice penalty, for a person for an infringement notice offence, means— (a) the amount prescribed by regulation as the penalty payable by the person for the offence under an infringement notice for the offence; or (b) if a reminder notice has also been served on the person for the offence—the total of the amount mentioned in paragraph (a) and the amount prescribed by regulation as the amount payable by the person for the cost of serving the reminder notice. internally reviewable decision, for part 7 (Notification and review of decisions)—see section 90. internal reviewer, for part 7 (Notification and review of decisions)— see section 92A.` internal review notice for part 7 (Notification and review of decisions)—see the ACT Civil and Administrative Tribunal Act 2008, section 67B (1). jurisdiction means a State, the Commonwealth or an internal territory, including the ACT. known user declaration, for part 3 (Infringement notices for certain learner licence—see the Road Transport (Driver Licensing) light rail— (a) means a system of transport for public passengers using lightweight rail and rolling stock; and (b) includes tracks, catenaries, supports for tracks and catenaries, stops, pedestrian access to stops, signalling facilities and signalling equipment. light rail vehicle means a motor vehicle built to be used on light rail. MAI policy—see the Motor Accident Injuries Act 2019, section 286. motor vehicle means a vehicle built to be propelled by a motor that forms part of the vehicle, but does not include a personal mobility device. National Transport Commission—see the National Transport Commission Act 2003 (Cwlth), section 5. offence of culpable driving, for a person, means— (a) an offence against the Crimes Act 1900, section 29 (Culpable driving); or (b) any other offence against the Crimes Act 1900 if a necessary fact to constitute the offence is that someone dies or is injured because of, or as a result of, the way a person drove a motor vehicle. permanent resident means— (a) a person who holds a permanent visa for the Migration Act 1958 (Cwlth), section 30; or (b) a New Zealand citizen who holds a special category visa under the Migration Act 1958 (Cwlth), section 32. personal mobility device—see the Road Transport (Road Rules) Regulation 2017, section 18A. probationary licence—see the Road Transport (Driver Licensing) provisional licence—see the Road Transport (Driver Licensing) rail transport operator—see the Rail Safety National Law (ACT), section 4. registered, for a vehicle, means registered under the Road Transport (Vehicle Registration) Act 1999. registered operator—see the Road Transport (Vehicle Registration) registrable or rail vehicle, for part 3 (Infringement notices for certain registrable vehicle—see the Road Transport (Vehicle Registration) relevant circumstances, of a person, for part 3 (Infringement notices for certain offences)—see section 21A. reminder notice—see section 27 (2) (Reminder notice—service and contents). repeat offender— (a) for section 60 (Police officer or authorised person may require people to disclose identity of driver)—see section 60A; and (b) for division 4.2 (Licence suspension, disqualification and related matters)—see section 61AA. responsible director-general, for part 3 (Infringement notices for responsible person, for a vehicle—see section 10 and section 11. restricted licence—see the Road Transport (Driver Licensing) reviewable decision, for part 7 (Notification and review of decisions)—see section 90A (1). revocation notice, for part 6 (Fine defaulters)—see section 84A. ride, for the rider of a motorbike or an animal-drawn vehicle, includes be in control of the vehicle. rider, of a vehicle that can be ridden, means the person who is riding the vehicle. road, for the road transport legislation or a provision of the road transport legislation (the relevant legislation)— (a) means an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; but (b) does not include an area that would otherwise be a road so far as a declaration under section 12 (Power to include or exclude areas in road transport legislation) declares that the relevant legislation does not apply to the area. road related area, for the road transport legislation or a provision of the road transport legislation (the relevant legislation)— (a) means— (i) an area that divides a road; or (ii) a footpath or nature strip adjacent to a road; or (iii) an area that is open to the public and is designated for use by cyclists or animals; or (iv) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles; or (v) a shoulder of a road; or (vi) any other area that is open to or used by the public so far as a declaration under section 12 (Power to include or exclude areas in road transport legislation) declares that the relevant legislation applies to the area; but (b) does not include an area that would otherwise be a road related area so far as a declaration under that section declares that the relevant legislation does not apply to the area. road transport authority (or authority)—see section 16. road transport legislation—see section 6. sold vehicle declaration, for part 3 (Infringement notices for certain special driver, for division 4.2 (Licence suspension, disqualification and related matters)—see section 61A. suspension notice—see immediate suspension notice. suspension offence—see immediate suspension offence. taxi—see the Road Transport (Public Passenger Services) Act 2001, section 45. total loss, in relation to a vehicle for division 5.3 (Written-off vehicles register)—see section 83C. tracked vehicle means a vehicle that moves on wheels inside endless tracks. Example—tracked vehicle bulldozer trader’s plate—see the Road Transport (Vehicle Registration) traffic includes vehicle and pedestrian traffic. trailer means a vehicle being towed, or built to be towed, by a motor vehicle, but does not include a motor vehicle being towed. unknown user declaration, for part 3 (Infringement notices for use a vehicle includes drive, park or stop the vehicle on a road or road related area. vehicle— (a) means any vehicle, including— (i) a tracked vehicle; and (ii) a light rail vehicle; and (iii) anything else prescribed by regulation to be a vehicle; but (b) does not include a vehicle (other than a light rail vehicle) that is used exclusively on a railway or tramway. vehicle identifier, for division 5.3 (Written-off vehicles register)— see section 83B. wheelchair—see the Road Transport (Road Rules) Regulation 2017, wheeled recreational device—see the Road Transport (Road Rules) Regulation 2017, dictionary. wheeled toy—see the Road Transport (Road Rules) Regulation 2017, written-off vehicle, for division 5.3 (Written-off vehicles register)— see section 83B. written-off vehicles register, for division 5.3 (Written-off vehicles register)—see section 83B. About the endnotes 1 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications.