An Act to amend the Road Transport (Vehicle Registration) Act 1997 concerning registered operators of vehicles and the detection of offences involving unauthorised vehicle use; and to make consequential amendments to certain other legislation.
1 Name of Act
This Act is the Road Transport Legislation Amendment (Unauthorised Vehicle Use) Act 2010.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119
[1] Section 4 Definitions
Insert at the end of the definition of garage address:Note—See section 10 concerning the number of registered operators for a registrable vehicle that may be recorded in the Register.
[2] Section 4, definition of “Register”
Omit “the regulations”. Insert instead “this Act”.
[3] Section 7 Functions of Authority
Omit “the regulations” from section 7 (1) (b). Insert instead “this Act”.
[4] Section 7 (2)–(4)
Omit the subsections.
[5] Section 10
Omit sections 10 and 11. Insert instead:10 Maintenance of the Register(1) Register to be maintained in accordance with regulations Subject to this section, the Register is to be maintained in accordance with the regulations.(2) Register does not provide evidence of title The Register does not provide evidence of title to any registrable vehicle.(3) Security of information in Register The Authority must ensure that the information in the Register that is of a personal nature or that has commercial sensitivity for the person about whom it is kept is not released except as provided by the regulations or under another law.(4) Recording of names of registered operators The Authority may:(a) in the case of a transitional registrable vehicle—continue to record in the Register the names of not more than 2 persons as being responsible for the vehicle, or(b) in the case of any other registrable vehicle—record in the Register the name of only one person as being responsible for the vehicle.Note—Section 4 defines a registered operator of a registrable vehicle to mean a person recorded in the Register as a person responsible for the vehicle.(5) A registrable vehicle is a transitional registrable vehicle if:(a) 2 persons were recorded in the Register as being responsible for the vehicle immediately before the commencement of this section, and(b) the vehicle has not ceased to be a transitional registrable vehicle since that time.(6) A registrable vehicle ceases to be a transitional registrable vehicle on the occurrence of any of the following:(a) the transfer of the registration of the vehicle,(b) the cancellation or surrender of the registration of the vehicle,(c) if the registration of the vehicle has expired and the period within which the registration may be renewed has also expired.(7) If more than one person is recorded as a registered operator of a transitional registrable vehicle, a reference in any relevant legislation to the registered operator of a registrable vehicle within the meaning of this Act is taken (subject to any regulations made for the purposes of subsection (3)) to include a reference to each registered operator of the transitional registrable vehicle.(8) The regulations may provide for the determination of the respective rights, liabilities and obligations of each registered operator of a transitional registrable vehicle under any relevant legislation.(9) Other information that may be included in Register The Register may include information notified to the Authority under this Act and such other information as the Authority considers appropriate.(10) Register may be kept as computer database or other form The Register may be kept in the form of, or as part of, a computer database or in such other form as the Authority considers appropriate.(11) Correction of Register Without limiting section 7 or any other provision of this section, the Authority may correct any mistake, error or omission in the Register subject to the requirements (if any) of the regulations.(12) Definition In this section:relevant legislation means:(a) a provision of this Act (or a provision of a regulation made under this Act), or(b) a provision of any other Act (or a provision of a statutory rule made under any other Act) concerned with the registered operator of a registrable vehicle within the meaning of this Act.
[6] Section 22C
Insert after section 22B:22C Photographic evidence of unauthorised vehicle use(1) This section applies to proceedings for any of the following offences (an ):(a) an offence against section 18 (Prohibition on using unregistered registrable vehicles),(b) an offence against section 8 (Offence of using uninsured motor vehicle on road) of the Motor Accidents Compensation Act 1999,(c) an offence against the regulations involving a prohibited use of a registrable vehicle that is prescribed by the regulations for the purposes of this section.(2) A photograph of a vehicle taken by an approved camera device that is evidence under the evidence use provisions for the device of an offence to which those provisions ordinarily apply may also be tendered in evidence under this section in proceedings for an unauthorised vehicle use offence involving the vehicle.Note—For example, a photograph taken by an approved camera detection device that is evidence of a traffic light offence under section 57 of the Road Transport (Safety and Traffic Management) Act 1999 may also be tendered in evidence in proceedings for an unauthorised vehicle use offence involving the same vehicle.(3) For this purpose, the evidence use provisions for the approved camera device are taken to apply in relation to the tendering, admission and use in evidence of such a photograph as if the provisions extended to proceedings for an unauthorised vehicle use offence as well as to proceedings for an offence to which the provisions ordinarily apply.Note—Evidence use provisions for approved camera devices usually make provision for the admission of photographs taken by such devices in specified kinds of proceedings and for the use of evidence derived from such photographs. These provisions also usually require the provision of certificate evidence concerning the inspection or testing of the devices.(4) Nothing in this section prevents a photograph taken by an approved camera device being tendered and used in evidence both in proceedings for an unauthorised vehicle use offence and proceedings for an offence to which the evidence use provisions for the device ordinarily apply.(5) In this section:approved average speed detection device, approved camera detection device, approved camera recording device and approved traffic lane camera device have the same meanings as in the Road Transport (Safety and Traffic Management) Act 1999.approved camera device means any of the following:(a) an approved average speed detection device,(b) an approved camera detection device,(c) an approved camera recording device,(d) an approved traffic lane camera device,(e) an approved toll camera.approved toll camera has the same meaning as in section 250A of the Roads Act 1993.evidence use provisions for an approved camera device means:(a) if the device is an approved average speed detection device—the provisions of section 47B of the Road Transport (Safety and Traffic Management) Act 1999 (and section 73A of that Act in its application to evidence or presumptions under those provisions), or(b) if the device is an approved camera detection device—the provisions of section 57 of the Road Transport (Safety and Traffic Management) Act 1999 (and section 73A of that Act in its application to evidence or presumptions under those provisions), or(c) if the device is an approved camera recording device—the provisions of section 47 of the Road Transport (Safety and Traffic Management) Act 1999 (and section 73A of that Act in its application to evidence or presumptions under those provisions), or(d) if the device is an approved traffic lane camera device—the provisions of section 57B of the Road Transport (Safety and Traffic Management) Act 1999 (and section 73A of that Act in its application to evidence or presumptions under those provisions), or(e) if the device is an approved toll camera—the provisions of section 250A of the Roads Act 1993.
[7] Section 23A Registered operators
Omit the section.
[8] Schedule 3 Savings and transitional provisions
Insert at the end of clause 1 (1):
[9] Schedule 3
Insert at the end of the Schedule (with appropriate Part and clause numbers):Part Provisions consequent on enactment of Road Transport Legislation Amendment (Unauthorised Vehicle Use) Act 2010DefinitionIn this Part:amending Act means the Road Transport Legislation Amendment (Unauthorised Vehicle Use) Act 2010.Application of section 22CSection 22C, as inserted by the amending Act, applies in relation to unauthorised vehicle use offences (within the meaning of that section) committed, or alleged to have been committed, after the commencement of that section.Existing Register continues to have effectThe Register of Registrable Vehicles maintained by the Authority under this Act immediately before the commencement of Schedule 1 [5] to the amending Act continues to be the Register of Registrable Vehicles for the purposes of this Act (as amended by the amending Act).
Schedule 2 Consequential amendment of other legislation
[1] Section 179 Liability of responsible person for vehicle for designated offences
Insert at the end of paragraph (e) of the definition of camera recorded offence in section 179 (12):, or(f) an unauthorised vehicle use offence in respect of which the penalty notice or the court attendance notice indicates that the offence was detected by an approved camera device (within the meaning of section 22C of the Road Transport (Vehicle Registration) Act 1997).
[2] Section 179 (12)
Insert in alphabetical order:means an unauthorised vehicle use offence (within the meaning of section 22C of the Road Transport (Vehicle Registration) Act 1997), but does not include an offence where it is alleged that the offender merely caused, permitted or otherwise allowed a vehicle to be driven or used.
[1] Clause 7 Who may apply for registration?
Omit clause 7 (2)–(4).
[2] Clause 14 Maintenance of the Registers
Omit “transitional vehicle (within the meaning of clause 7 (3))” from clause 14 (1) (a).Insert instead “transitional registrable vehicle (within the meaning of section 10 of the Act)”.
[3] Clause 14 (1) (a1)
Omit “clause 7 (3)”. Insert instead “section 10 of the Act”.
[4] Clause 91A
Insert after clause 91:91A Photographic evidence of unauthorised vehicle use: section 22C of ActThe following offences against this Regulation are prescribed for the purposes of section 22C of the Act:(a) an offence against clause 50 (3),(b) an offence against clause 84 (3),(c) an offence against clause 84 (5).