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Traffic Act 1987
11Declaration of control areas
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11 Declaration of control areas
(1) The Minister may, by notice in the Gazette, declare an area to be a
control area for a period not exceeding 12 months.
(2) The Minister may, on or before the expiration of the period specified
in a notice under this section, declare, by notice in the Gazette, that
a control area shall continue in force for a further period, not
exceeding 12 months, as specified in the notice.
(3) Where the Minister under this section declares an area to be, or to
continue to be, a control area, the Minister, in the notice under
subsection (1) or (2):
(a) shall specify the area in respect of which the control area is
declared or declared to continue;
(b) shall specify the period during which the control area shall
remain in force;
(c) shall specify the provisions, if any, of this Act which shall not
apply to and in relation to the control area;
(d) may declare that the provisions contained in the notice shall
apply to and in relation to the control area:
(i) in substitution of specified sections of; or
(ii) in addition to,
this Act; and
Traffic Act 1987 10
(e) may declare that a person who contravenes or fails to comply
with a provision declared under subsection (3)(d) as applying
to and in relation to a control area is guilty of an offence,
including a regulatory offence, and liable on being found guilty
to a penalty not exceeding 20 penalty units or 12 months
imprisonment, or both.
(4) With effect on and from the date a control area is declared under
subsection (1), or declared to continue in force under
subsection (2), the sections of this Act specified in the notice in
accordance with subsection (3)(c) or (d) shall not apply to or in
relation to the control area.
(5) A provision declared under subsection (3)(d) as applying to and in
relation to a control area shall, for the purposes of the application of
that provision to and in relation to that area, be deemed to be a
section of this Act.
(6) Where the Minister makes a declaration under subsection (3)(e), a
person who contravenes or fails to comply with the provision to
which the declaration relates is guilty of an offence.
(7) Sections 63(b) and 63C of the Interpretation Act 1978 shall apply to
and in relation to a notice declaring a control area where, in that
notice, the Minister has, under subsection (3)(d), declared a
provision contained in the notice to apply to and in relation to the
control area (other than a notice declaring that provision to continue
to apply to and in relation to that area) as if that notice were, for the
purposes of those sections of the Interpretation Act 1978, a
regulation.
Part IV Erection and operation of traffic control
devices