1
Name of Act
1 Name of Act
1 Name of Act
This Act is the Road Transport Legislation Amendment (Penalties and Other Sanctions) Act 2018.
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New South Wales act
The amendment lets Transport for NSW issue written notices requiring certain drivers (those convicted of, or penalised for, specified alcohol/drug offences) to complete an alcohol or other drug education program within a set period. Existing suspensions or ineligibilities are extended until the program is passed; failure to comply can trigger licence suspension. Transport for NSW sets timing, judges pass/fail, may allow extensions, and its suspension decisions are appealable; statutory rules will detail program and notice requirements.
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Direct links to the current provisions in Road Transport Legislation Amendment (Penalties and Other Sanctions) Act 2018.
1 Name of Act
This Act is the Road Transport Legislation Amendment (Penalties and Other Sanctions) Act 2018.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Schedule 1 Amendment of Road Transport Act 2013 No 18
sch 1: Am 1987 No 15, sec 30C; 2021 No 3, Sch 2.6[1]–[3].
[1]–[15] (Repealed)
[16] Part 7.4, Division 2A
Insert after Division 2—
Division 2A Driver education programs relating to alcohol or other drugs
215C Education program for alcohol and other drug related driving offences
(1) Transport for NSW may, by notice in writing, require a person to undertake an alcohol or other drug education program specified in the notice if the person—
(a) has been found guilty of an offence against section 110, 111, 111A or 112, or
(b) committed an offence against section 110 or 111 that was dealt with by way of penalty notice.
(2) A notice under this section must specify the period within which the alcohol or other drug education program must be undertaken and must contain any other matters specified in the statutory rules.
(3) The person to whom a notice is given under this section must undertake the program within the period specified by the notice or any longer period that Transport for NSW may allow.
(4) Any period of licence suspension, cancellation or other licence ineligibility relating to a person required to undertake an alcohol or other drug education program by a notice given under this section is extended until such time as the person has undertaken, and passed to the satisfaction of Transport for NSW, the alcohol or other drug education program.
(5) Transport for NSW may, by notice in writing given to a person who fails to undertake an alcohol or other drug education program in accordance with this section, suspend any driver licence held by the person until such time as the person undertakes the program to the satisfaction of Transport for NSW.
[17]–[20] (Repealed)
[21] Section 266 Definitions
Insert after paragraph (e) of the definition of appealable decision in section 266 (1)—
(e1) a decision of Transport for NSW to suspend a person’s driver licence under section 215C,
[22] Schedule 1 Examples of statutory rule-making powers
Insert at the end of clause 1 (2) (p)—
, and
(q) without limiting paragraph (n) or (o), alcohol or other drug education programs to be undertaken by holders of driver licences who have been found guilty of, or have been issued a penalty notice in respect of, an offence under this Act or the statutory rules relating to the use of alcohol or other drugs.
Schedule 2 Amendment of other legislation
2.1–2.4
(Repealed)
sch 2: Am 1987 No 15, sec 30C.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Act
This Act is the Road Transport Legislation Amendment (Penalties and Other Sanctions) Act 2018.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Schedule 1 Amendment of Road Transport Act 2013 No 18
sch 1: Am 1987 No 15, sec 30C; 2021 No 3, Sch 2.6[1]–[3].
[1]–[15] (Repealed)
[16] Part 7.4, Division 2A
Insert after Division 2—
Division 2A Driver education programs relating to alcohol or other drugs
215C Education program for alcohol and other drug related driving offences
(1) Transport for NSW may, by notice in writing, require a person to undertake an alcohol or other drug education program specified in the notice if the person—
(a) has been found guilty of an offence against section 110, 111, 111A or 112, or
(b) committed an offence against section 110 or 111 that was dealt with by way of penalty notice.
(2) A notice under this section must specify the period within which the alcohol or other drug education program must be undertaken and must contain any other matters specified in the statutory rules.
(3) The person to whom a notice is given under this section must undertake the program within the period specified by the notice or any longer period that Transport for NSW may allow.
(4) Any period of licence suspension, cancellation or other licence ineligibility relating to a person required to undertake an alcohol or other drug education program by a notice given under this section is extended until such time as the person has undertaken, and passed to the satisfaction of Transport for NSW, the alcohol or other drug education program.
(5) Transport for NSW may, by notice in writing given to a person who fails to undertake an alcohol or other drug education program in accordance with this section, suspend any driver licence held by the person until such time as the person undertakes the program to the satisfaction of Transport for NSW.
[17]–[20] (Repealed)
[21] Section 266 Definitions
Insert after paragraph (e) of the definition of appealable decision in section 266 (1)—
(e1) a decision of Transport for NSW to suspend a person’s driver licence under section 215C,
[22] Schedule 1 Examples of statutory rule-making powers
Insert at the end of clause 1 (2) (p)—
, and
(q) without limiting paragraph (n) or (o), alcohol or other drug education programs to be undertaken by holders of driver licences who have been found guilty of, or have been issued a penalty notice in respect of, an offence under this Act or the statutory rules relating to the use of alcohol or other drugs.
Schedule 2 Amendment of other legislation
2.1–2.4
(Repealed)
sch 2: Am 1987 No 15, sec 30C.