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Traffic Act 1987
53Regulations
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53 Regulations
(1) The Administrator may make regulations, not inconsistent with this
Act, prescribing all matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
(2) Without limiting the generality of subsection (1), the Regulations
may provide for any of the following:
(a) an exemption from the application of all or part of the
Regulations of:
(i) certain persons or classes of persons; or
(ii) persons in respect of a specified class of motor vehicle;
(b) the erection and operation of, and obedience to, traffic control
devices;
(c) the regulation or prohibition of persons driving vehicles
including:
(i) driving on the left, in reverse, at intersections or on
beaches, footways, reservations and traffic islands; and
(ii) the overtaking or passing of vehicles; and
(iii) giving way to vehicles; and
(iv) the parking or standing of vehicles or leaving vehicles
unattended; and
(v) the turning, starting and stopping of vehicles; and
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(vi) the towing of vehicles; and
(vii) the number of hours which a person may drive a vehicle;
(d) the regulation of pedestrians on public streets and public
places;
(e) the regulation of persons on or near railway level crossings;
(f) the prescribing or determining by the Registrar of speed
restrictions and the use of traffic infringement detection
devices including the testing and operation of such devices;
(g) the lights, warning signs and equipment to be fitted to vehicles
and the use of such lights, warning signs and equipment;
(h) the regulation of the use of bicycles and toy vehicles on public
streets or public places;
(j) freeways, bus lanes, bicycle ways, truck lanes, truck priority
lanes and transit lanes;
(k) the safety of persons in or on vehicles;
(m) the authorisation of persons carrying out breath analyses, or
of persons or organisations carrying out blood tests;
(ma) the authorisation of persons or organisations carrying out
saliva analyses;
(n) the securing of loads on vehicles and the measures to be
taken in the event of the loss of material from vehicles;
(p) the regulation or prohibition of persons obstructing public
streets or public places;
(q) the regulation or prohibition of persons holding:
(i) processions, parades or other events; or
(ii) vehicle trials, speed tests or races,
on public streets or public places;
(r) the control of animals on public streets or public places;
(s) the payment of a prescribed amount in lieu of a penalty which
may otherwise be imposed for an offence against this Act or
the Motor Vehicles Act 1949 or the Regulations made under
that Act;
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(t) the service of notices on persons alleged to have infringed this
Act or the Motor Vehicles Act 1949 or the Regulations made
under that Act and particulars to be included in such notices;
(u) the proof of ownership of a vehicle and other evidentiary
matters in respect of offences committed against the
Regulations;
(w) the control of vehicles left unattended or abandoned on public
streets or public places, including providing for the following:
(i) the authorisation of persons or competent authorities to
enter, move, store, sell or otherwise dispose of
unattended or abandoned vehicles;
(ii) the procedures for, and other matters related to, the sale
or disposal of unattended or abandoned vehicles;
(iii) the recovery of costs incurred or arising from dealing
with unattended or abandoned vehicles;
(iv) protections from liability in respect of damage caused to
an unattended or abandoned vehicle for persons
authorised to enter, move or store the vehicle;
(y) penalties not exceeding 20 penalty units or imprisonment for
6 months, or both, for offences against the Regulations;
(z) the forfeiture of goods on conviction for an offence against the
Regulations;
(za) the liability of a licence holder, other than a learner's licence
holder or provisional licence holder, occupying the front seat
of a motor vehicle that is being driven by the holder of a
learner licence for an offence committed against the
Regulations by the learner;
(zb) the liability of the owner of a vehicle for an offence committed,
in the vehicle, against the Regulations by an unidentifiable
driver;
(zc) the prescribing of fees payable under this Act;
(zd) the approval by the Commissioner of a process for reporting a
crash to a police officer where a report is required under the
Regulations.
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(3) The Regulations may incorporate or adopt by reference the
provisions of any document, standard, rule, specification or method
formulated, issued, prescribed or published by any authority or
body whether:
(a) wholly or partly, or as amended by the Regulations; or
(b) as formulated, issued, prescribed or published at the time the
Regulations are made or at any time before then; or
(c) as amended after the making of the Regulations, but only
where the Director has published in the Gazette a notice that
the particular amendment is to be incorporated in the
Regulations.
(4) The Regulations may prescribe different penalties for different
classes of offender for an offence against the Regulations.
(5) The Regulations may:
(a) make different provision in relation to:
(i) different persons or matters; or
(ii) different classes of persons or matters; or
(b) apply differently by reference to stated exceptions or factors.