Road Transport (Offences) Regulation 2005

14F Illegal user declaration—Act, s 21A, def illegal user declaration, par (b) 28

14G Known user declaration—Act, s 21A, def known user declaration, par (c) 29

Page contents 3 14H Sold vehicle declaration—Act, s 21A, def sold vehicle declaration, par (c) 30 14I Unknown user declaration—Act, s 21A, def unknown user declaration, par (c) 31 14J Contents of suspension warning notice—Act, s 42 (2) (a) (iii) 31 14K Contents of suspension confirmation notice—Act, s 42 (4) (d) 32 14L Content of suspension notice—Act, s 44 (3) (c) 33 15 Delegation of administering authority’s functions—Act, s 54 (1) (b) 33 16 Application—div 2A.1 34 16A Condition applying to plan allowing instalment payments—Act, s 31B (7) (b) 34 16B Payment of amounts under plan—Act, s 31B (7) (c) 34 16BA Variation or suspension of plan—Act, s 31B (7) (d) 34 16C Non-compliance with plan allowing payment by instalments—Act, s 44A (9) (a) 35 16D Kinds of community work or social development programs that may be approved 35 16E Application for approval of community work or social development program 36 16F When participation in approved program is taken to be finished—Act, s 31B (7) (d) 37 16G Application for plan allowing participation in approved program—Act, s 31A (4) (d) 38 16H Condition applying to plan allowing participation in approved program—Act, s 31B (7) (b) 39 16I Information to be given to administering authority about participation in an approved program—Act, s 44A (9) (b) 39 Division 2A.3 Infringement notice management plans—general 16J Content of suspension notice—Act, s 44A (3) (c) 40 Part 3 Enforcement of road transport legislation 17 Short description of offences—Act, s 75 41

Page contents 4 Road Transport (Offences) Regulation 2005 18 Offences for which demerit points are prescribed etc 42 19 National schedule of demerit points 42 20 Additional demerit point offences 42 21 Additional demerit points for offences committed during holiday periods 43 22 Meaning of holiday period 44 Schedule 1 Short descriptions, penalties and demerit points 47 Part 1.1 General 47 1.1 Definitions—sch 1 47 Part 1.2 Heavy Vehicle National Law (ACT) 49 Part 1.3 Heavy Vehicle (Mass, Dimension and Loading) National Regulation 103 Part 1.4 Heavy Vehicle (Fatigue Management) National Regulation 105 Part 1.5 Motor Accident Injuries Act 2019 106 Part 1.6 Motor Accident Injuries (Premiums and Administration) Regulation 2019 113 Part 1.7 Road Transport (Alcohol and Drugs) Act 1977 114 Part 1.8 Road Transport (Driver Licensing) Act 1999 138 Part 1.9 Road Transport (Driver Licensing) Regulation 2000 144 Part 1.10 Road Transport (General) Act 1999 157 Part 1.11 Road Transport (General) Regulation 2000 164 Part 1.12 Road Transport (Offences) Regulation 2005 165 Part 1.13 Road Transport (Public Passenger Services) Act 2001 166 Part 1.14 Road Transport (Public Passenger Services) Regulation 2002 175 Part 1.15 Road Transport (Safety and Traffic Management) Act 1999 293 Part 1.16 Road Transport (Road Rules) Regulation 2017 303

Page contents 5 Part 1.17 Road Transport (Safety and Traffic Management) Regulation 2017 406 Part 1.18 Road Transport (Vehicle Registration) Act 1999 409 Part 1.19 Road Transport (Vehicle Registration) Regulation 2000 415 Dictionary 476 1 About the endnotes 480 2 Abbreviation key 480 3 Legislation history 481 4 Amendment history 497 5 Earlier republications 509

1 Name of regulation This regulation is the Road Transport (Offences) Regulation 2005. 3 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘school zone—see the Road Transport (Road Rules) Regulation 2017, section 23 (2).’ means that the term ‘school zone’ is defined in that section and the definition applies to this regulation. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

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

4A Meaning of identifying particulars—pt 2 identifying particulars— (a) for an animal involved in an infringement notice offence—see section 4B; and (b) for a registrable vehicle involved in an infringement notice offence—see section 4C; and (c) for a light rail vehicle involved in an infringement notice offence—see section 4CA; and (d) for an authorised person—see section 4D.

4B Identifying particulars for animal for infringement notice offence involving an animal—pt 2 identifying particulars, for an animal involved in an infringement notice offence, means the following particulars: (a) species; (b) colour; (c) any identification or registration tags; (d) any collar; (e) any brands or tattoos; (f) any marks or scars; (g) any other noticeable distinguishing marks or features; (h) breed; (i) sex;

(j) age; (k) any electronically coded implant. (2) Subsection (1) (e) to (k) does not apply if it is not possible for the person issuing the infringement notice to decide those particulars.

4C Identifying particulars for vehicle for infringement notice offence involving registrable vehicle—pt 2 identifying particulars, for a registrable vehicle involved in an infringement notice offence, means the following particulars: (a) any registration number; (b) body type; (c) if there is no numberplate on the vehicle and a vehicle or engine identification number for the vehicle is known—the vehicle or engine identification number; (d) make; (e) the identifier (if any) for the jurisdiction of registration shown on any numberplate; (f) if relevant to the offence—the number of passengers in the vehicle. (2) For an offence detected by a traffic offence detection device, subsection (1) (d) to (f) does not apply if it is not possible to decide those particulars from the image taken by the traffic offence detection

4CA Identifying particulars for vehicle for infringement notice offence involving light rail vehicle—pt 2 identifying particulars, for a light rail vehicle involved in an infringement notice offence, means the unique identification number displayed on the light rail vehicle by the rail transport operator for the light rail vehicle. (2) For an offence detected by a traffic offence detection device, subsection (1) does not apply if it is not possible to decide those particulars from the image taken by the traffic offence detection

4D Identifying particulars for authorised person for infringement notice offence—pt 2 identifying particulars, for an authorised person, means— (a) a police officer’s service number if the authorised person is— (i) for heavy vehicle infringement notice offences— an authorised officer who is a police officer; or (ii) for infringement notice offences—a police officer; and (b) for an authorised person authorised by the administering authority for an infringement notice offence to serve infringement or reminder notices for the offence—the unique number given to the person by the administering authority under section 11 (People authorised for infringement notices etc to have unique number); and

(c) the identification number allocated to an authorised officer under the Heavy Vehicle National Law (ACT), section 486 (1) if the authorised person is— (i) for heavy vehicle infringement notice offences— an authorised officer, other than a police officer; or (ii) for infringement notice offences—an authorised officer.

4E Meaning of discharge action—pt 2 discharge action, in relation to a person served with an infringement notice, means— (a) the person enters into an infringement notice management plan for the infringement notice penalty; or (b) the infringement notice penalty is added to the person’s infringement notice management plan; or (c) the administering authority waives the infringement notice penalty.

5 Infringement notice offences—Act, dict, def infringement notice offence An infringement notice offence is an offence mentioned in schedule 1 for which column 5 of the item applying to the offence contains— (a) an infringement penalty; or (b) for an offence against the Heavy Vehicle National Law (ACT)— (i) an infringement penalty; or (ii) the text ‘HVINO’. Note HVINO—see schedule 1, section 1.1.

6 Infringement notice penalties—Act, dict, def infringement notice penalty, par (a) (1) The penalty payable by a person under an infringement notice for an infringement notice offence mentioned in schedule 1 is— (a) if there is a single amount mentioned in column 5 of the item applying to the offence—the amount; or (b) if there is more than 1 amount mentioned in column 5 of the item applying to the offence—the amount applying to the person; or (c) if the text ‘HVINO’ appears in column 5 of the item applying to the offence—the amount that is 10% of the maximum penalty for the person for the offence. Note HVINO—see schedule 1, section 1.1. (2) However, if the infringement notice offence— (a) is a heavy vehicle infringement notice offence and the person is a corporation, the penalty payable by the person for the infringement notice offence is P x 5; or (b) is an offence detected by a traffic offence detection device and the person is a corporation, the penalty payable by the person for the infringement notice offence is the amount worked out as follows: (P × 5) – 240 P means the penalty payable by an individual under subsection (1) for the infringement notice offence.

7 Cost of serving reminder notice—Act, dict, def infringement notice penalty, par (b) The cost of serving a reminder notice for an infringement notice offence is $34.

8 Administering authority—Act, dict, def administering (1) The road transport authority is the administering authority for the following infringement notice offences: (a) an offence mentioned in the Road Transport (Road Rules) Regulation 2017, part 12 (Restrictions on stopping and parking) that is an infringement notice offence under schedule 1, part 1.16, other than the following sections: (i) section 207 (Parking where fee payable); (ii) section 212 (Entering and leaving median strip parking area); (iii) section 213 (Making motor vehicle secure); (iv) section 213G (Misuse of parking meter); (v) section 213H (Interfering with parking meter etc); (vi) section 213Q (Misuse of parking ticket machine); (vii) section 213R (Interfering with parking ticket machine etc); (viii) section 213S (Interfering with parking ticket); (b) an offence mentioned in the Road Transport (Safety and Traffic Management) Regulation 2017, division 7.3 (Heavy vehicle parking in residential areas), that is an infringement notice offence under schedule 1, part 1.17; (c) an infringement notice offence mentioned in the following provisions of schedule 1: (i) part 1.13 (Road Transport (Public Passenger Services) Act 2001); (ii) part 1.14 (Road Transport (Public Passenger Services) Regulation 2002).

(2) The chief police officer is the administering authority for any other infringement notice offence. (3) The Regulator under the Heavy Vehicle National Law (ACT) is the administering authority for heavy vehicle infringement notice offences. (4) However, the Regulator is taken to have delegated the Regulator’s functions in relation to the administration of infringement notice management plans (including applications for the plans) for heavy vehicle infringement notice offences to the road transport authority.

9 Authorised people for infringement notices other than heavy vehicle infringement notices—Act, s 53A (2) The following people may serve an infringement notice for any infringement notice offence (other than a heavy vehicle infringement notice offence): (a) a police officer; (b) an authorised person who is an authorised officer. Note 1 A police officer and an authorised officer may also serve infringement notices for heavy vehicle infringement notice offences (see Heavy Vehicle National Law (ACT), s 5, def authorised officer and s 591 (1)). Note 2 An authorised officer may only exercise a power of an authorised person if it involves a heavy vehicle (see Road Transport (General) Regulation 2000, s 7A (2)).

10 Authorised people for reminder notices other than heavy vehicle infringement notices—Act, s 53A (2) The following people may serve a reminder notice for any infringement notice offence (other than a heavy vehicle infringement notice offence): (a) a police officer;

(b) an authorised person who is an authorised officer. Note 1 A police officer and an authorised officer may also serve reminder notices for heavy vehicle infringement notice offences (see Heavy Vehicle National Law (ACT), s 5, def authorised officer and s 591 (1)). Note 2 An authorised officer may only exercise a power of an authorised person if it involves a heavy vehicle (see Road Transport (General) Regulation 2000, s 7A (2)).

11 People authorised for infringement notices (other than heavy vehicle infringement notices) etc to have unique number The administering authority for an infringement notice offence (other than a heavy vehicle infringement notice offence) must give a unique number to each person who is authorised by the administering authority to serve infringement or reminder notices for the offence. Note For heavy vehicle infringement notice offences, the Regulator under the Heavy Vehicle National Law (ACT) allocates an identification number to authorised officers under the Law, s 486.

12 Infringement notices—service if offender known— (1) If the identity of the person who is believed to have committed an infringement notice offence (the suspected offender) is known, an authorised person may serve an infringement notice for the offence on the suspected offender. Note For how documents may be served, see the Legislation Act, pt 19.5. (2) An infringement notice may be served— (a) if it is reasonably practicable to serve the notice on the suspected offender personally—on the offender personally; or (b) in any other case—by sending the notice to the offender— (i) by prepaid post addressed to the offender, at— (A) the offender’s home address or business address; or

(B) if the offender has an address for service in a record or register kept under the road transport legislation, Heavy Vehicle National Law (ACT) or a corresponding law—the recorded address for service; or (ii) by an electronic means if— (A) the electronic means is approved by the chief police officer or the road transport authority; and (B) the offender has given the authorised person an electronic address at which service may be effected by the electronic means. Examples—electronic means • email address • mobile telephone number Note For when a notice sent by post is taken to be given, see the Road Transport (General) Regulation 2000, s 9B. 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)).

12A Infringement notices—service if offender unknown— (1) If the identity of the person who is believed to have committed an infringement notice offence is not known, but the offence involves a registrable or rail vehicle, an authorised person may serve an infringement notice for the offence on the responsible person for the vehicle. Note For how documents may be served, see the Legislation Act, pt 19.5.

(2) An infringement notice may be served on a responsible person for the registrable or rail vehicle— (a) if the vehicle is a registrable vehicle and it is reasonably practicable to access the vehicle—by securely placing or attaching the notice, addressed to the responsible person (without further description), on or to the vehicle in a prominent position; or (b) in any other case—by sending the notice to the responsible person— (i) by prepaid post addressed to the person, at— (A) the person’s home address or business address; or (B) if the person has an address for service in a record or register kept under the road transport legislation, Heavy Vehicle National Law (ACT) or a corresponding law—the recorded address for service; or (ii) by an electronic means if— (A) the electronic means is approved by the chief police officer or the road transport authority; and (B) the responsible person has given the authorised person an electronic address at which service may be effected by the electronic means. Examples—electronic means • email address • mobile telephone number Note For when a notice sent by post is taken to be given, see the Road Transport (General) Regulation 2000, s 9B. 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)).

(3) A person commits an offence if— (a) an infringement notice is placed on or attached to a vehicle; and (b) the person does something that prevents the responsible person for the vehicle receiving or reading the infringement notice. Maximum penalty: 20 penalty units. (4) An offence against subsection (3) is a strict liability offence.

12B Infringement notices—service by electronic means— (1) If the sender has no reason to suspect that an infringement notice served by electronic means under section 12 or section 12A was not received by the recipient when sent, the notice is presumed to be served when sent unless evidence sufficient to raise doubt about the presumption is given. (2) If the sender has reason to suspect that an infringement notice served by electronic means was not received by the recipient when sent only if, on the day the notice was sent or on the next working day, the equipment the sender used to send the notice indicated by way of a signal or other message that— (a) the equipment did not send the notice when the equipment was used to send the notice; or (b) for an email—the address to which the email was sent was not an email address of the recipient; or (c) for a mobile telephone—the number to which the notice was sent was not a mobile telephone number of the recipient. recipient, for an infringement notice, means the person on whom the notice is intended to be served. sender, for an infringement notice served or to be served by electronic means, means the person sending or seeking to send the notice.

13 Infringement notices for offence detected by traffic offence detection device—time of service—Act, s 24 (2) An infringement notice for an offence detected by a traffic offence detection device may only be served on a responsible person for the vehicle involved in the offence within 28 days after the day the offence was committed. Note Section 14 applies if an infringement notice declaration made in relation to an offence detected by a traffic offence detection device is accepted by the administering authority for the offence and the administering authority serves an infringement notice on a person nominated in the declaration as being in possession or control of the vehicle at the time of the offence.

14 Infringement notices—service on nominated person— (1) This section applies if— (a) the administering authority for an infringement notice offence involving a registrable or rail vehicle accepts an infringement notice declaration under the Act, part 3 (Infringement notices for certain offences); and (b) the infringement notice declaration states the name of the person (the nominated person) who was in possession or control of the vehicle at the time of the offence; and (c) as a result, the administering authority serves an infringement notice on the nominated person. (2) The administering authority must serve the infringement notice on the nominated person as soon as practicable, but not later than 1 year, after the authority accepts the infringement notice declaration.

14A Infringement notices—contents—Act, s 25 (1) The following information is prescribed: (a) a unique identifying number; (b) the date the notice was issued; (c) if the notice is served on an individual—the individual’s name or surname and initials, and home address or address for service recorded for the individual in a record or register kept under the road transport legislation or a corresponding law; (d) if the notice is served on a corporation—the corporation’s identifying details under a record or register kept under the road transport legislation or a corresponding law; (e) a short description of the infringement notice offence, as set out in schedule 1 (Short descriptions, penalties and demerit points), (or the law and provision of the law contravened by the person), including the place where the offence was committed and the date and approximate time of the offence; (f) if the offence involved a registrable or rail vehicle—the identifying particulars (if any) for the vehicle; (g) if the offence involved an animal—the identifying particulars (if any) for the animal; (h) the infringement notice penalty payable for the offence; (i) the identifying particulars of the authorised person who gave the notice; (j) any additional information the administering authority considers appropriate.

(2) An infringement notice served on a person must contain the following additional information: (a) a statement telling the person that, within 28 days after the notice is served on the person, the person may do 1 of the following things (an infringement notice response): (i) pay the infringement notice penalty for the offence; (ii) apply to the administering authority for— plan; or (B) waiver of the infringement notice penalty; (iii) give the administering authority an infringement notice declaration for the offence; (v) apply to the administering authority for additional time to do the thing; (b) a statement to the effect that if the person does not make an infringement notice response— (i) a reminder notice for the offence will be served on the person; and (ii) the person may be prosecuted for the offence; (c) a statement to the effect that if a reminder notice is served on the person, the amount of the infringement notice penalty payable is increased by the cost of serving the reminder notice; Note Section 7 prescribes the cost of serving a reminder notice. (d) a statement that the notice may be withdrawn at any time;

(e) a statement to the effect that, if the person pays the infringement notice penalty within the required time or a discharge action happens— (i) any liability of the person for the offence is discharged; and (ii) the person will not be prosecuted for the offence; and (iii) the person will not be taken to have been convicted of the (f) a statement to the effect that, if the person wants to dispute liability for the offence— (i) for a heavy vehicle infringement notice offence—a proceeding may be brought against the person under the Heavy Vehicle National Law (ACT); or Note For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707. (ii) in any other case—the issue may be referred to the Magistrates Court; (g) a statement to the effect that, if a proceeding or issue mentioned in paragraph (f) had been brought or referred, the person may be— (i) convicted of the offence; and (ii) ordered to pay a penalty and costs; and (iii) subject to other court orders; (h) a statement to the effect that if the offence involved a registrable or rail vehicle and the person does not pay the infringement notice penalty, or dispute liability for the offence, within the required time, or a discharge action does not happen, enforcement action may be taken under the Act, division 3.4 (Enforcement procedures);

(i) how the person may pay the infringement notice penalty, give an infringement notice declaration or dispute liability for the (j) how the person may apply for— (i) an infringement notice management plan or, if the person has an infringement notice management plan, the addition of the infringement notice penalty to the plan; or (ii) waiver of the infringement notice penalty; (k) how the person may apply for additional time to— (i) pay the infringement notice penalty; or (ii) apply for either of the following: plan; (B) waiver of the infringement notice penalty; or (iii) give an infringement notice declaration; or (l) if the offence involved a registrable or rail vehicle— (i) how many demerit points the person will incur if the person pays the infringement notice penalty or is convicted of the offence, or if a discharge action happens; and (ii) general information about the enforcement procedures under the Act, division 3.4; and

(iii) a statement that, in a proceeding against the responsible person for a registrable or rail vehicle for an infringement notice offence involving the vehicle, the responsible person is presumed to be the individual in possession or control of the vehicle at the time of the offence, unless the contrary is proved by the responsible person; and (iv) a statement that the responsible person for the vehicle has an obligation to take all reasonable steps under the Act, part 3 to assist the administering authority to identify and locate the individual who the responsible person asserts was in possession or control of the vehicle at the time of (v) general information about the Act, division 3.3 (Infringement notice offences involving registrable and rail vehicles); and (vi) information about how the person may make and give the administering authority an infringement notice declaration under that division; and (vii) if the offence is detected by a traffic offence detection device—information about how to inspect and obtain a copy of the image taken by the traffic offence detection the required time, to pay a penalty, or dispute liability, for an infringement notice offence, means— (a) 28 days after the day the infringement notice for the offence was served; or (b) any additional time allowed under the Act, section 29 (Extension of time to do things).

14B Reminder notices—contents—Act, s 27 (3) (1) The following information is prescribed: (a) a unique identifying number; (b) a short description of the infringement notice offence, as set out in schedule 1 (Short descriptions, penalties and demerit points), (or the law and provision of the law contravened by the person), including the place where the offence was committed and the date and approximate time of the offence; (c) the unique identifying number of the infringement notice; (d) the date the infringement notice was issued; (e) the date the reminder notice is issued; (f) the identifying particulars of the authorised person giving the reminder notice; (g) a statement to the effect that— (i) the infringement notice penalty has not been paid; and (ii) the person must do a thing mentioned in the Act, section 28 (2) within 28 days after the reminder notice is served; (h) that the infringement notice has not been withdrawn; (i) if the infringement notice was served under the Act, section 24 (2) (Infringement notices)—that the administering authority has not received an infringement notice declaration from the person for the offence; (j) that written notice disputing liability has not been received by the administering authority from the person for the offence;

(k) that the infringement notice penalty has been increased by the amount payable by the person for the cost of serving the reminder notice; Note Section 7 prescribes the cost of serving a reminder notice. (l) the infringement notice penalty now payable for the offence; (m) a statement telling the person that, within the required time after the reminder notice is served on the person, the person may do 1 of the following things (a reminder notice response): (i) pay the infringement notice penalty now payable for the (ii) apply to the administering authority for— plan; or (B) waiver of the infringement notice penalty; (iii) give the administering authority an infringement notice declaration for the offence; (v) apply to the administering authority for additional time to do the thing; (n) a statement that the notice may be withdrawn at any time; (o) a statement to the effect that, if the person pays the infringement notice penalty within the required time or a discharge action happens— (i) any liability of the person for the offence is discharged; and (ii) the person will not be prosecuted for the offence; and

(iii) the person will not be taken to have been convicted of the (p) a statement to the effect that, if the person wants to dispute liability for the offence— (i) for a heavy vehicle infringement notice offence—a proceeding may be brought against the person under the Heavy Vehicle National Law (ACT); or Note For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707. (ii) in any other case—the issue may be referred to the Magistrates Court; (q) a statement to the effect that, if a proceeding or issue mentioned in paragraph (p) had been brought or referred, the person may be— (i) convicted of the offence; and (ii) ordered to pay a penalty and costs; and (iii) subject to other court orders; (r) a statement to the effect that if the person does not pay the infringement notice penalty or dispute liability for the offence within the required time, or a discharge action does not happen— (i) the person may be prosecuted for the offence; or (ii) if the offence involved a registrable or rail vehicle— enforcement action may be taken under the Act, division 3.4 (Enforcement procedures); (s) any additional information the administering authority considers appropriate.

(2) The reminder notice must also contain the following information: (a) how the person may pay the infringement notice penalty or dispute liability for the offence; (b) how the person may apply for— (i) an infringement notice management plan or, if the person has an infringement notice management plan, the addition of the infringement notice penalty to the plan; or (ii) waiver of the infringement notice penalty; (c) how the person may apply for additional time to— (i) pay the infringement notice penalty; or (ii) apply for either of the following: plan; (B) waiver of the infringement notice penalty; or (iii) dispute liability for the offence; (d) if the offence involved a registrable or rail vehicle— (i) how many demerit points the person will incur if the person pays the infringement notice penalty or is convicted of the offence, or if a discharge action happens; and (ii) general information about the enforcement procedures under the Act, division 3.4; and

(iii) a statement that, in a proceeding against the responsible person for a registrable or rail vehicle for an infringement notice offence involving the vehicle, the responsible person is presumed to be the individual in possession or control of the vehicle at the time of the offence, unless the contrary is proved by the responsible person; and (iv) a statement that the responsible person for the vehicle has an obligation to take all reasonable steps under the Act, part 3 to assist the administering authority to identify and locate the individual who the responsible person asserts was in possession or control of the vehicle at the time of (v) general information about the Act, division 3.3 (Infringement notice offences involving registrable and rail vehicles); and (vi) information about how the person may make and give the administering authority an infringement notice declaration under that division; and (vii) if the offence is detected by a traffic offence detection device—information about how to inspect and obtain a copy of the image taken by the traffic offence detection the required time, for a person to pay a penalty for an infringement notice offence, means— (a) 28 days after the day the reminder notice for the offence was served; or (b) any additional time allowed under the Act, section 29 (Extension of time to do things); or

(c) if an application for an extension of time was refused under the Act, section 29, the later of the following: (i) 7 days after the day the person is given written notice of the refusal; (ii) 28 days after the date of issue of the reminder notice.

14C Extension of time—application within time—Act, s 29 (5) (1) A person may apply to the administering authority for an extension of time to do something mentioned in the Act, section 26 (2) or section 28 (2)— (a) if— (i) the person has been served with an infringement notice for (ii) the person has not done anything mentioned in the Act, section 26 (2) in relation to the infringement notice; and (iii) the time for doing something under that section, including any extension of time previously given under the Act, section 29, (the allowed time) has not ended; or (b) if— (i) the person has been served with a reminder notice in relation to an infringement notice for the offence; and (ii) the person has not done anything mentioned in the Act, section 28 (2) in relation to the reminder notice; and (iii) the time for doing something under that section including any extension of time given under a previous application of the Act, section 29, (the allowed time) has not ended.

(2) An application must be— (a) in writing; and (b) include any information required by the administering authority; and (c) given to the authority before the end of the allowed time. Note See the Act, s 29 (2) and (3) for what the administering authority must do on receiving an application. (3) If the administering authority refuses an application, the person must do something mentioned in the Act, section 26 (2) or section 28 (2) not later than— (a) 7 days after the person is told about the decision; and (b) 28 days after the notice to which the application relates was served.

14D Extension of time—application out-of-time—Act, s 29 (5) (1) A person may apply to the administering authority for an extension of time to do something mentioned in the Act, section 26 (2) or section 28 (2) if— (a) the person has been served with a reminder notice in relation to an infringement notice for the offence; and (b) the person has not done anything mentioned in the Act, section 28 (2) in relation to the reminder notice; and (c) the time for doing something under that section including any extension of time given under a previous application of the Act, section 29, has ended. (2) An application must— (a) be in writing; and (b) state the special circumstances relied on; and

(c) include any other information required by the authority. Note See the Act, s 29 (2) and (3) for what the administering authority must do on receiving an application. (3) The administering authority must allow the application if it reasonably believes special circumstances justify allowing an extension of time. (4) If the administering authority refuses an application, the person must do something mentioned in the Act, section 26 (2) or section 28 (2) not later than 7 days after the person is told about the decision.

14E Maximum amount of extended time allowed— Act, s 29 (5) The maximum amount of time the administering authority may allow on an application under section 14C or section 14D is as follows: (a) for an application to extend the time to do a thing mentioned in the Act, section 26 (2)—6 months; (b) for an application to extend the time to do a thing mentioned in the Act, section 28 (2)—6 months. 14EA Application for infringement notice management plan or addition to plan—contents—Act, s 31A (4) (b) (1) The following cards are prescribed: (a) a health care card issued under the Social Security Act 1991 (Cwlth); (b) a pensioner concession card issued under the Social Security Act 1991 (Cwlth); (c) a pensioner concession card issued in relation to a pension under the Veterans’ Entitlements Act 1986 (Cwlth) or the Military Rehabilitation and Compensation Act 2004 (Cwlth); (d) a gold card.

(2) In this section: gold card means a card known as the Repatriation Health Card—For All Conditions that evidences a person’s eligibility, under the Veterans’ Entitlements Act 1986 (Cwlth) or the Military Rehabilitation and Compensation Act 2004 (Cwlth), to be provided with treatment for all injuries or diseases. 14EB Minimum amount—Act, s 31B (7) (b) The minimum amount is— (a) $10 for each fortnight, regardless of how often instalments must be paid; or (b) if the amount remaining to be paid is less than $10—the remaining amount. 14F Illegal user declaration—Act, s 21A, def illegal user declaration, par (b) (a) if the person is an individual—a statement to the effect that the person was not the person who was in possession or control of the vehicle at the time of the offence; (b) if the vehicle was stolen or illegally used or taken— (i) the date and time when the vehicle was first noticed to be stolen or illegally used or taken; and (ii) the name and home address or business address of each person who had access to the vehicle before it was stolen or illegally used or taken; and (iii) the last place the vehicle was known to be parked before it was stolen or illegally used or taken; and (iv) the name and home address or business address of each person who had access to the vehicle before it was stolen or illegally used or taken; and

(v) the name and home address or business address of the person last known to have lawfully used the vehicle before it was stolen or illegally used or taken; (c) when and to whom the vehicle was reported to be stolen; (d) if the responsible person knows the name or home address or business address of the person who illegally used or took the vehicle—that person’s name or home address or business address. 14G Known user declaration—Act, s 21A, def known user (a) if the person is the responsible person and an individual—a statement to the effect that the person was not the person who was in possession or control of the vehicle at the time of the (b) if the person is not the responsible person and is an individual— a statement to the effect that the person was the person (the known user) who was in possession or control of the vehicle at the time of the offence; (c) the name and home address or business address of the known user; (d) the circumstances in which the known user was in possession or control of the vehicle at the time of the offence.

14H Sold vehicle declaration—Act, s 21A, def sold vehicle (a) a statement to the effect that the vehicle (or all the person’s interest in the vehicle) was sold or otherwise disposed of by the person, or any interest in the vehicle ceased to be vested in the person, before the time of the offence; (b) a statement to the effect that, at the time of the offence, the person did not have possession or control of the vehicle; (c) the relevant facts supporting the information mentioned in paragraphs (a) and (b), including— (i) the name and home address or business address of the person (the buyer) to whom the vehicle (or the person’s interest in the vehicle) was sold or disposed of; and (ii) if the buyer is not an individual—the buyer’s ABN or ACN, if applicable; and (iii) the date and, if relevant to the offence, time of the sale or disposal; and (iv) if an agent made the sale or disposal for the person—the agent’s name and home address or business address; and (v) whether the person had any interest in the vehicle at the time of the offence.

14I Unknown user declaration—Act, s 21A, def unknown user (a) if the person is an individual—a statement explaining why the person did not have possession or control of the vehicle at the time of the offence; (b) if the person is a corporation—a statement about whether or not the vehicle was being used for an approved corporate use at the time of the offence; (c) a statement explaining why the person could not find out the identity of the person who was in possession or control of the vehicle at that time; (d) a statement about the steps, including any inquiries, the person has taken to establish the identity of the person who was in possession or control of the vehicle at that time; (e) the name and home address or business address of the last person known to the responsible person to have been the person who was in possession or control of the vehicle; (f) the name and home address or business address of each person who at that time had access to the vehicle.

14J Contents of suspension warning notice—Act, s 42 (2) (a) (iii) (b) the corporation’s name, ACN (if known) and business address;

(c) the demerit points offence to which the notice relates, including the date and time when, and the place where, the offence occurred; (d) that the corporation has not taken all reasonable steps to assist the administering authority to identify and locate the individual who was in possession or control of the corporation’s vehicle at the time of the demerit points offence; (e) that the infringement notice for the demerit points offence has not been withdrawn; (f) that any suspension action takes effect on the suspension date and continues until the time stated in the Act, section 42 (6).

14K Contents of suspension confirmation notice— Act, s 42 (4) (d) (b) the corporation’s name, ACN (if known) and business address; (c) the demerit points offence to which the notice relates, including the date and time when, and the place where, the offence occurred; (d) that the corporation has not taken all reasonable steps to assist the administering authority to identify the individual in possession or control of the corporation’s vehicle at the time of the demerit points offence; (e) that the infringement notice for the demerit points offence has not been withdrawn.

14L Content of suspension notice—Act, s 44 (3) (c) (b) the name and home address or business address of the person; (c) that the infringement notice penalty to which the notice relates has not been paid, and the notice has not been withdrawn; (d) that any suspension action takes effect on the suspension date and continues until the suspension is revoked under the Act, part 3.

15 Delegation of administering authority’s functions—Act, s 54 (1) (b) The administering authority for an infringement notice offence may delegate the authority’s functions to a public employee or police officer.

Part 2A Infringement notice management plans

16 Application—div 2A.1 This division applies if a person has an infringement notice management plan that allows payment by instalments.

16A Condition applying to plan allowing instalment payments—Act, s 31B (7) (b) The plan is subject to the condition that the person must tell the administering authority for the plan in writing if the person is unable, because of a change in the person’s financial circumstances, to make a payment under the plan. Note The person must tell the administering authority as soon as possible (see Legislation Act, s 151B).

16B Payment of amounts under plan—Act, s 31B (7) (c) (1) The person may ask the administering authority for the plan in writing to defer a payment (including a payment that has been dishonoured) under the plan. (2) The authority may, on application by the person or otherwise, defer a payment under the plan if the authority is satisfied on reasonable grounds that it is justified because of the person’s financial circumstances. 16BA Variation or suspension of plan—Act, s 31B (7) (d) The authority may, at the request of the person subject to the plan— (a) vary the plan; or (b) suspend the plan for a stated amount of time.

16C Non-compliance with plan allowing payment by instalments—Act, s 44A (9) (a) The administering authority for the plan becomes satisfied that the person has failed to comply with the plan if the authority is satisfied on reasonable grounds that— (a) the person failed to make 2 or more consecutive payments in accordance with the plan; or (b) the person failed to make 5 or more payments in accordance with the plan in any 12-month period.

Division 2A.2 Community work and social development programs

16D Kinds of community work or social development programs that may be approved (1) The following may be approved under the Act, section 31D (Approval of community work or social development program) as a community work or social development program: (a) unpaid community work; (b) an educational, vocational or life skills course; (c) financial or other counselling; (d) a mentoring program. (2) Also, treatment for the following may be approved under the Act, section 31D as a community work or social development program: (a) mental illness or mental disorder; (b) disability, disease or illness; (c) addiction to, or abuse of, drugs, alcohol or another substance.

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. treatment means the treatment, care or support of a person by a health practitioner to improve or maintain the person’s health.

16E Application for approval of community work or social development program (1) An entity may apply to the responsible director-general for the approval of a community work or social development program. (2) The application must— (a) state the name and contact details of a nominated person for the program; and (b) provide details of the program, including the following: (i) the proposed activities under the program; (ii) the people that the program is aimed at; (iii) the entity’s experience and qualifications in providing this program or the same kind of program; (iv) if an entity other than the entity is to provide part or all of the program—that entity’s experience and qualifications in providing this program or the same kind of program; (v) the place where the program will be provided; (vi) the risk management arrangements for the program; and (c) state details of the insurance cover that relates to the provision of the program, including public liability insurance; and

(d) state details of occupational health and safety policies and procedures that relates to the provision of the program, and (e) state details of the entity’s governance arrangements, including financial management, accountability and management of conflicts of interest; and (f) if the program is treatment mentioned in section 16D (2)— include a treatment plan by a health practitioner for the person to be treated under the program. (3) The application must also include a statement by a person authorised by the entity that— (a) the entity undertakes to comply with the reporting requirements for the program; and (b) the entity undertakes to comply with the record-keeping requirements for the program; and (c) the entity acknowledges that the program and matters relating to the program may be independently audited, and the entity undertakes to cooperate with any audit; and (d) the entity undertakes to have a complaints procedure available for people participating in the program because of an infringement notice management plan. Note Entities must also comply with any legislation that applies to them, including the Human Rights Act 2004 and the Discrimination Act 1991.

16F When participation in approved program is taken to be finished—Act, s 31B (7) (d) (1) A person’s participation in an approved community work or social development program in relation to an infringement notice offence is taken to be finished when the penalty for the offence is discharged.

(2) Participation in an approved community work or social development program in relation to an infringement notice offence discharges the penalty for the offence at the following rates: (a) if the program is unpaid community work for or on behalf of the provider of the program—$37.50 for each hour of participation; (b) if the program is an educational, vocational or life skills course or financial or other counselling—$50 for each hour, or $350 for each day, of participation, to a maximum of $1 000 for each month; (c) if the program is treatment mentioned in section 16D (2), or a mentoring program—$1 000 for each whole month of participation, or the amount worked out as follows: $1 000 number of days in months × number of days person participated in program in month

16G Application for plan allowing participation in approved program—Act, s 31A (4) (d) (1) This section applies if a person applies to the administering authority for an infringement notice management plan that allows participation in an approved community work or social development program. (2) The person must attach to the person’s application a written statement from the provider of the program that states that— (a) the provider is satisfied on reasonable grounds that the person is suitable to participate in the program; and (b) there is a place for the person in the program in the 3-month period after the day the statement is made.

16H Condition applying to plan allowing participation in approved program—Act, s 31B (7) (b) (1) This section applies if a person has an infringement notice management plan that allows the person to participate in an approved community work or social development program. (2) The plan is subject to the condition that, if the person permanently stops participating in the program, the person must tell the approved authority for the plan in writing not later than 7 days after the day the person stops participating.

16I Information to be given to administering authority about participation in an approved program—Act, s 44A (9) (b) (1) This section applies if— (a) a person has an infringement notice management plan that allows the person to participate in an approved community work or social development program; and (b) the person— (i) does not start participating in the program; or (ii) permanently stops participating in the program, including when the program has ended and if the person’s participation is suspended or ended by the provider of the program. (2) The provider must tell the administering authority for the plan in writing that the person has not participated in, or has permanently stopped participating in, the program not later than 7 days after the day the provider becomes aware of the non-participation or cessation. (3) The provider must include the following information in the notice under subsection (2): (a) the number of hours, days or months that the person should have completed under the program;

Division 2A.3 Infringement notice management plans—general (b) the number of hours, days or months that the person actually completed under the program; (c) if the person’s participation was suspended or ended by the provider—that the person’s participation was suspended or ended and when it happened. Division 2A.3 Infringement notice management plans—general

16J Content of suspension notice—Act, s 44A (3) (c) (b) the person’s name; (c) if the person is an individual—the individual’s home address; (d) if the person is a corporation—the corporation’s ACN (if any) and business address; (e) that the administering authority for the plan is satisfied on reasonable grounds that the person has failed to comply with the plan and what the grounds are; Note See the Act, s 44A (1) (b) and s 16C (Non-compliance with plan allowing payment by instalments—Act, s 44A (9) (a)) (f) that any suspension action takes effect on the suspension date and continues until the suspension is revoked under the Act, part 3.

Enforcement of road transport legislation Part 3

Part 3 Enforcement of road transport legislation

17 Short description of offences—Act, s 75 (1) The short description for an offence against a provision mentioned in schedule 1, column 2 is— (a) the text set out in column 3 of the item applying to the offence; or (b) if a choice of words is indicated in the text—the words remaining after the omission of the words irrelevant to the offence. Note The short description for an offence appears in sch 1 in the order of the name of the Act or instrument and the number of the provision creating the offence. (2) In a proceeding for an offence against a provision mentioned in schedule 1, column 2, the short description is taken to relate to the offence against the provision, as the provision was in force when the offence is alleged to have been committed. (3) The amendment or repeal of a short description does not affect the validity of an information, summons, warrant, notice, order or other document in which the term is used. (4) Subsection (3) applies to an information, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.

18 Offences for which demerit points are prescribed etc (1) An offence is an offence for which demerit points are prescribed if the offence is mentioned in schedule 1 and demerit points are provided for the offence in column 6 of the item applying to the offence. (2) The number of demerit points prescribed for the offence is— (a) if the offence is committed during a holiday period—the number worked out in accordance with section 21 (2) (Additional demerit points for offences committed during holiday periods); or (b) in any other case—the number mentioned in column 6 of the item applying to the offence.

19 National schedule of demerit points (1) An offence for which demerit points are prescribed is a national schedule offence if the text ‘(NS)’ appears in schedule 1, column 6 of the item applying to the offence. (2) For the Road Transport (Driver Licensing) Act 1999, dictionary, definition of national schedule of demerit points, the national schedule offences, and the number of demerit points incurred for each national schedule offence, are the national schedule of demerit points.

20 Additional demerit point offences (1) An offence for which demerit points are prescribed is a non-national schedule offence if the text ‘(NS)’ does not appear in schedule 1, column 6 of the item applying to the offence. (2) For the Road Transport (Driver Licensing) Act 1999, section 13 (1), definition of demerit points offence, paragraph (b), the non-national schedule offences are prescribed.

Demerit points Part 4

21 Additional demerit points for offences committed during holiday periods (1) This section applies to an offence against a territory law for which demerit points are prescribed, that is committed during a holiday period. (2) The number of demerit points prescribed for the offence is— (a) double the number of demerit points mentioned in schedule 1, part 1.16, column 6 for the offence if the offence is mentioned in any of the following provisions of the Road Transport (Road Rules) Regulation 2017: (i) section 20 (Obeying speed limit); (ii) section 264 (Wearing seatbelt and seating position— driver); (iii) section 265 (Wearing seatbelt and seating position— passenger 16 years old or older); (iv) section 265A (Driver to ensure passengers comply with seatbelt and seating position requirements); (v) section 268 (4A) or (4B) (How people must travel in or on motor vehicle); (vi) section 270 (1) (Wearing motorbike helmet); (vii) section 300 (1) (Use of mobile device); or (b) for any other offence mentioned in schedule 1 for which demerit points are mentioned—1 more than the number mentioned in column 6 of the item applying to the offence. (3) The Minister may declare that this section does not apply to all or part of a holiday period. (4) A declaration under subsection (3) is a disallowable instrument.

22 Meaning of holiday period (1) For this regulation, a holiday period is— (a) for Christmas–New Year, any of the following periods: (i) if 25 December is a Monday—the period beginning on 22 December and ending on 1 January following; (ii) if 25 December is a Tuesday—the period beginning on 21 December and ending on 1 January following; (iii) if 25 December is a Wednesday—the period beginning on 20 December and ending on 1 January following; (iv) if 25 December is a Thursday—the period beginning on 24 December and ending on 4 January following; (v) if 25 December is a Friday—the period beginning on 24 December and ending on 3 January following; (vi) if 25 December is a Saturday—the period beginning on 24 December and ending on 3 January following; (vii) if 25 December is a Sunday—the period beginning on 23 December and ending on 2 January following; or (b) in any other case—any of the following periods: (i) if a Thursday is a public holiday, except an excluded public holiday—the period beginning on the Wednesday before the public holiday and ending on the following Sunday; Note Public holiday and excluded public holiday are defined in s (4). (ii) if a Friday is a public holiday, except an excluded public holiday—the period beginning on the Thursday before the public holiday and ending on the following Sunday;

Demerit points Part 4 (iii) if a Monday is a public holiday, except an excluded public holiday—the period beginning on the Friday before the public holiday and ending on the Monday; (iv) if a Tuesday is a public holiday, except an excluded public holiday—the period beginning on the Friday before the public holiday and ending on the Tuesday; (v) a period declared by the Minister to be a holiday period for this section; (vi) if 2 or more holiday periods mentioned in subparagraphs (i) to (v) coincide—the period beginning on the 1st day of the 1st holiday period, and ending on the last day of the 2nd or later holiday period. Example of coinciding holiday periods Good Friday, and the Saturday and Monday after Good Friday, are public holidays. The holiday period begins on the Thursday before Good Friday and ends on Easter Monday. (2) For subsection (1) (b) (vi), 2 or more holiday periods coincide if the holiday periods overlap or are consecutive holiday periods without any days in between those periods that are not part of a holiday period. (3) A declaration under subsection (1) (b) (v) is a disallowable instrument. (4) In this section: excluded public holiday—each of the following is an excluded public holiday: (a) the 2nd Monday in March (Canberra Day); (b) Reconciliation Day; (c) a day, or part of a day, declared under the Holidays Act 1958, section 3 (1) (b) to be a public holiday; (d) a day declared under that Act, section 3 (2) not to be a public holiday.

public holiday means a public holiday under the Holidays Act 1958 except an excluded public holiday. Reconciliation Day—see the Holidays Act 1958, section 3 (1) (a) (ix).

General Part 1.1 Section 1.1

Schedule 1 Short descriptions, penalties and demerit points (see ss 5, 6, 8, 14A, 14B, 17, 18, 19, 20 and 21)