Road Transport (Safety and Traffic Management) Act 1999
33General regulation-making power
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33 General regulation-making power (1) The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act. (2) A regulation may prescribe offences for contraventions of a regulation and prescribe maximum penalties of not more than 30 penalty units for offences against a regulation. (3) A regulation may provide defences for offences against a regulation and provide who has the onus of proof for the defences. (4) In addition to a penalty mentioned in subsection (2), a regulation may provide for a person who is convicted or found guilty by a court of an offence against this Act to be disqualified by order of the court from holding or obtaining a driver licence for the period the court considers appropriate. (5) A regulation may provide for a person who is prosecuted for an aggravated form of an offence against a regulation to be found guilty by a court of a lesser offence if the court is not satisfied that the elements of the aggravated offence have been proven, but is satisfied that the elements of the lesser offence have been proven. (6) A regulation may provide that a document that is signed or purports to be signed on behalf of the road transport authority (or someone else prescribed by regulation), and stating any matter relevant to the speed limit applying to a road or road related area (including the operation of any device that sets the speed limit), is evidence of the matter in a proceeding before a court or tribunal.
General Division 8.1