Section 53 — Definition — Road Transport Act 2013 (New South Wales) — Barrister AI

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Section 53 — Definition — Road Transport Act 2013 (New South Wales) — Barrister AI

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s 1Name of Act s 2Commencement s 3Objects of Act s 4Definitions s 5References to “road” generally include “road related area”s 6Meaning of “road transport legislation”s 7Meaning of terms relating to registration s 8Meaning of terms relating to registered operators s 9Determination of “first offence” and “second or subsequent offence”s 10Meaning of “responsible person” for a vehicle s 11Rights, liabilities and obligations of multiple responsible persons s 12Application of Acts Interpretation Act 1901 (Cth)s 13Notes s 14General relationship with other laws s 15Statutory rules may disapply roads legislation in certain circumstances s 16Contracting out prohibited s 17Act to bind Crown s 18Power of Minister to include or exclude areas s 19Power of Minister to exclude vehicles, persons or animals s 20Minister to consult before making certain declarations s 21Statutory rules may exclude vehicles, animals and persons s 22(Repealed)s 23General power to make regulations and rules s 24Examples of statutory rule-making powers s 25Incorporation of documents and modification of definitions s 26Offences in the statutory rules and certificate evidence s 27Maintenance of NSW driver licence register and other functions s 28TfNSW not to issue or renew licence in certain circumstances s 29Mutual recognition s 30Security of information in registers s 31NSW demerit points register s 32Offences for which demerit points are incurred s 32ADemerit points reduction trial s 33Suspension of licence s 34Consequences in relation to licence applications s 35Licence ineligibility s 36Driver may elect to be of good behaviour as alternative s 37Deletion of demerit points s 38Suspension of licence—graffiti licence orders s 39Consequences generally s 40Suspension or cancellation of licence s 41Licence ineligibility s 41ADeletion of demerit points s 42Determining demerit thresholds where combined licences are held s 43Demerit points penalties s 43AConsequences for repeated incurring of threshold number of demerit points s 44Definitions s 45Meaning of “approved interlock device”s 46Meaning of “accredited interlock service provider”s 47Statutory rules concerning installation, maintenance and use of interlock devices s 48Financial assistance for use of approved interlock devices s 49Obtaining driver licence by false statements s 50Unlawful possession of driver licence s 51Unlawful alteration or use of licence s 52Seizure of driver licences s 53Driver must be licensed s 54Driving or making licence applications while disqualified or licence suspended or cancelled s 55Photographs to which this Part applies s 56Purposes for which photographs may be kept and used s 57Release of photographs prohibited s 57AInclusion of boat driving licences on driver licences s 58Additional matters relating to identity s 59Cancellation or suspension of driver licence for certain speeding offences or alcohol or other drug related driving offences s 60Effect of expiry of driver licence during a suspension period s 61Evidence that person is professional driver s 61ADefinitions s 61BApplication for digital driver licence s 61CUse of digital driver licence s 61DSurrender of digital driver licence s 61ERelease of information for digital driver licences s 61F, 61G(Repealed)s 62Functions of TfNSW s 63Powers of TfNSW s 64Maintenance of NSW registrable vehicles register s 65TfNSW not to register registrable vehicles based outside this jurisdiction s 66Special number-plates s 67Ownership of devices, plates or documents s 67ATransfer of ownership of heavy vehicle number-plates to authority of another jurisdiction s 68Prohibition on using unregistered registrable vehicles s 69False statements s 70Obligations of registered operators s 71Offences relating to identification numbers of engines and other vehicle parts s 72Definitions s 73Affixing of interstate number-plates on registrable vehicles in this jurisdiction s 74Operating interstate registered vehicles in this jurisdiction s 75Direction to provide documents concerning use of interstate registered vehicles s 76Defective registrable vehicles s 77Using registrable vehicles contrary to conditions or prohibitions under section 76 s 78Use of dangerously defective motor vehicles s 79Power to seize unregistered vehicles—general s 79APower to seize non-registrable motor vehicles s 79BApplication for return of certain seized or surrendered motor vehicles s 80Power of entry to inspect damaged vehicles s 81Seizure of number-plate s 82Definitions s 83NSW written-off light vehicles register s 84Registration of written-off light vehicles s 85TfNSW must refuse certain applications for authorisations s 86Applications for authorisations s 87Definitions s 88Notifiable light vehicles s 89Light vehicles that are a total loss s 90Assessments as to whether a light vehicle is a total loss s 91Factors relevant to assessments s 92Provision of results of assessments s 93Information about written-off and demolished light vehicles s 94Maintenance of records s 95False assessments s 96Removal of vehicle identifiers s 97Duty to attach written-off light vehicle warning label s 98Light vehicle certificates of compliance s 99Access to NSW written-off light vehicles register s 100Interference with NSW written-off light vehicles register s 101Unauthorised disclosure of information s 102Certificate evidence s 103Statutory rules concerning written-off light vehicles s 104Determination of first offences and second and subsequent offences against this Part s 104ADefinitions s 104BNSW written-off heavy vehicles register s 104CRegistration of written-off heavy vehicles s 104DDefinitions s 104ENotifiable heavy vehicles s 104FHeavy vehicles that are a total loss s 104GAssessments as to whether a heavy vehicle is a total loss s 104HFactors relevant to assessments s 104IProvision of results of assessments s 104JInformation about written-off and demolished heavy vehicles s 104KMaintenance of records s 104LFalse assessments s 104MRemoval of vehicle identifiers of heavy vehicles s 104NDuty to attach written-off heavy vehicle warning label s 104OHeavy vehicle certificates of compliance s 104PAccess to NSW written-off heavy vehicles register s 104QInterference with NSW written-off heavy vehicles register s 104RUnauthorised disclosure of information s 104SCertificate evidence s 104TStatutory rules concerning written-off heavy vehicles s 104UDetermination of first offences and second and subsequent offences against this Part s 105Status of unregistered vehicles having permits s 106Fees for registration of vehicles of Crown and NSW Government agencies s 107Definitions s 108Prescribed concentrations of alcohol s 109Measurement of alcohol concentrations s 110Presence of prescribed concentration of alcohol in person’s breath or blood s 111Presence of certain drugs (other than alcohol) in oral fluid, blood or urine s 111APresence of both prescribed illicit drug in person’s oral fluid, blood or urine and prescribed concentration of alcohol in person’s breath or blood s 112Use or attempted use of a vehicle under the influence of alcohol or any other drug s 113Detention of vehicle in certain cases s 114Testing for alcohol and other drug use s 115Races, attempts on speed records and other speed trials s 116Conduct associated with road and drag racing and other activities s 117Negligent, furious or reckless driving s 118Menacing driving s 119Sale, purchase or use of prohibited speed measuring evasion articles s 120Surrender and forfeiture of prohibited speed measuring evasion articles s 121Definitions s 122Appropriate authority for the purposes of this Division s 123Unauthorised prescribed traffic control devices s 124Removal of unauthorised prescribed traffic control devices s 125Cost of removal of prescribed traffic control device s 126Prescribed traffic control devices generally presumed to be lawful s 127Definitions s 128When Division may be relied on s 129Evidence and other matters that may be relied on s 130How average speed is to be calculated s 131How average speed limit is to be calculated s 132Certificate evidence concerning average speed calculations s 133Relationship of Division with other laws s 133AReview of use of division in relation to light vehicles s 134Approval of devices by Governor s 135Definitions s 136Evidence of speed recorded by speed measurement devices s 136AEvidence of vehicle dimension by dimension measurement device s 137Certificates concerning reliability of speed measurement devices s 137ACertificates concerning reliability of dimension measurement devices s 138Admissibility of photographs taken by devices—generally s 139Admissibility of photographs taken by devices—unauthorised vehicle use offences s 139AAdmissibility of photographs taken by certain devices for mobile phone use offences and seatbelt offences s 140Evidence of accuracy and reliability not required if certificate tendered s 141Rebuttal of evidence concerning operation of approved traffic enforcement devices s 142Removal of dangers and obstructions to traffic s 143Removal of unattended motor vehicles or trailers from certain places s 144Removal of vehicles—incidental provisions relating to towing s 145Offences involving death, injury or damage resulting from unsafe loads s 146Offence of failing to stop and assist after impact causing injury s 147Motor vehicles or trailers not to be used without owner consent s 148Procuring or hiring of motor vehicle or trailer by fraud or misrepresentation s 148APolice may give reasonable directions for traffic regulation s 148BPolice may temporarily close road or road related area to traffic s 148CUse of tyre deflation devices s 148DPower of entry for tracing stolen motor vehicles or trailers or their parts s 148EPower to prevent driving by persons who are under the influence of alcohol or other drugs s 148EAAdditional power to prevent driving by persons who are under the influence of alcohol or other drugs following failure to submit to (or pass) sobriety assessment s 148FPower to prevent persons who are under the influence of alcohol or other drugs supervising learner drivers s 148GPower to prevent driving by persons who have failed oral fluid test or refused or failed to undergo oral fluid test or refused to provide oral fluid sample s 148HPower to prevent persons who have failed oral fluid test or refused or failed to undergo oral fluid test or refused to provide oral fluid sample supervising learner drivers s 148IDetention of keys or vehicles may be continued s 148JOffence to contravene prohibition or requirement s 148KExpenses incurred in connection with Division s 148LDefinitions s 148MObjects of Part s 148NApproval of trials s 148ORegistration of trial vehicles s 148PInsurance s 148QVehicle supervisor s 148RProvision of information s 148SMeaning of driver or person in charge of automated vehicle s 148TOffence of interfering with a trial or a trial vehicle s 148UDelegation s 148VStatutory rules may make provision for approved trials s 148WDefinitions s 148XMeaning of “micromobility vehicle”s 148YMeaning of “operates a micromobility vehicle sharing service”s 148ZStatutory rules concerning micromobility vehicle sharing services s 148ZBForm of operator approval s 148ZCDuration of operator approval s 148ZDOperator approvals cannot be transferred s 148ZEDefinition s 148ZFApplications for operator approvals s 148ZGDeciding applications for operator approvals s 148ZHDefinition s 148ZIApplications to renew operator approvals s 148ZJDeciding applications to renew operator approvals s 148ZKContinuation of operator approvals subject to renewal applications s 148ZLSuspending operator approvals s 148ZMGrounds for suspending operator approvals s 148ZNDecisions to suspend operator approvals s 148ZOAutomatic suspension of operator approvals s 148ZPRevoking operator approvals s 148ZQGrounds for revoking operator approvals s 148ZRShow cause notice for proposed revocations s 148ZSDecisions to revoke operator approvals s 148ZTAutomatic revocation of operator approvals s 148ZUApproved operator may surrender operator approval s 148ZVRegister of operator approvals s 148ZWDefinition s 148ZXApplications for operating authorisations s 148ZYDeciding applications for operating authorisations s 148ZZTfNSW may direct authority to grant operating authorisation s 148ZZAOperating authorisation conditions s 148ZZBEffect of suspension or revocation of operator approval on operating authorisation s 148ZZCRemoval orders s 148ZZDOffence of failing to comply with removal order s 148ZZEEnforcement officers s 148ZZFEnforcement officers may take possession of certain micromobility vehicles s 148ZZGPowers to require information s 148ZZHPower to inspect and test micromobility vehicles s 149Definitions s 150Application of this Part s 151Vehicles to be fitted with monitoring devices in working order s 152Vehicle movement record to be preserved s 153Vehicle movement record to be carried by driver s 154Inspection of monitoring devices and records carried on vehicles s 155Seizure of monitoring devices and records s 156Production of records by responsible persons s 157Tampering with monitoring devices or vehicle movement records s 158Exemptions s 159Evidence of vehicle movement record s 160Definition s 161Application of Part s 162Vehicles to be speed limited s 163Certificate evidence of speed limiter compliance s 164Photographic evidence of speed of vehicle s 165Liability of offender for speeding offence and evidence of speed unaffected s 166Authorised officers s 167Exercise of powers by authorised officers s 168Identification cards s 169(Repealed)s 169ADirection to stop vehicle or combination: to enable exercise of other powers s 169BPower to require production of information s 170Return of identification cards s 171Reciprocal powers of officers s 172Amendment or revocation of directions or conditions s 173Offences—obstructing, hindering or impersonating authorised officer s 174Expanded meaning of “driver”s 175Requirement for driver or rider to produce Australian driver licence and state name and address s 176Requirement for passenger to produce Australian driver licence and state name and address s 177Requirement for responsible person to disclose driver identity s 178Production of relevant Australian driver licence to court s 179Unauthorised demand for production of relevant Australian driver licence s 180(Repealed)s 181Double jeopardy s 182Liability of directors etc for offences by corporation—accessory to commission of offences s 183Definitions s 184Responsible person for vehicle taken to have committed designated offences s 185When responsible person not liable for parking offence s 186Duty to inform if person not driver of vehicle committing camera recorded offence s 187When responsible person for vehicle not liable for camera recorded offence s 188Offences relating to nominations s 189Nominations by responsible persons s 190Use of statutory declarations as evidence s 191Application of this Division to average speed detected offences s 192Further identity information from nomination information provider s 193Liability of actual offender unaffected s 194Division does not derogate from any other law s 195Penalty notices s 196-199196–199 (Repealed)s 200Proceedings for offences s 201Period within which proceedings for operator onus offences may be commenced s 202Period within which certain other proceedings may be commenced s 203Section 10 of Crimes (Sentencing Procedure) Act 1999 not applicable in certain circumstances s 204Court may disqualify driver on conviction s 205Disqualification for certain major offences s 205ADisqualification for certain unauthorised driving offences s 206Bringing forward of consecutive disqualification periods to avoid orphan periods s 206AEffect of imprisonment on period of disqualification s 206BEffect of immediate or other licence suspension on period of disqualification s 207Effect of disqualification s 207ACommencement of disqualification s 208Application of Division s 209Definitions s 210Sanctions with respect to mandatory interlock offences s 211Mandatory interlock orders s 212Interlock exemption orders s 213Conversion of disqualification period of offender to whom interlock exemption order applies into interlock period s 214Dangerous driving offences in respect of which interlock orders may be made s 215Participation in an interlock program s 215AEffect of completion of interlock period s 215BEntitlement to apply for interlock driver licence s 221ADefinitions s 221BLocal Court may remove licence disqualifications after relevant offence-free period s 221CApplication for removal of licence disqualifications s 221DDisqualified persons not eligible to apply for removal of licence disqualification s 221ERehearing of order removing licence disqualifications—undisclosed offences during relevant offence-free period s 221FRehearing of order removing licence disqualifications—never-eligible offences s 222Definitions s 223Suspension of licence by Commissioner of Police s 223ASuspension of foreign driver s 224When immediate licence suspension notice may be issued by police officer s 225Effect of immediate licence suspension notice s 226Downgrading of driver licences s 227Court may order compensation for damages and other losses s 228Compensation for loss of time s 229(Repealed)s 230Assessment of compensation s 231Service of certificates s 232Limits on amount of compensation s 233Costs s 234Enforcement of compensation order and costs s 235Relationship with orders or awards of other courts and tribunals s 236Object and effect of Part s 237Definitions s 238When additional sanctions may be imposed s 239Sanctions that may be imposed s 239AExtension of additional sanction to corporation owned motor vehicles s 240Production notices s 241Powers and duties relating to seizure of motor vehicles and removal of number-plates s 242Removal, impounding and production of vehicle s 243Failure to comply with production notice s 244Number-plate and other offences s 245Forfeiture of vehicles on finding of guilt of offending operator s 246Commutation of forfeiture s 247Interested persons to be notified s 248Retention of motor vehicle impounded or number-plates confiscated under this Part s 249Early release of motor vehicle and number-plates on application to Local Court s 250Release of impounded vehicle and number-plates s 251Safe keeping of motor vehicles s 252Disposal and crash testing of vehicles s 253Protection from liability with respect to impounding, removal of number-plates and crash testing and other matters s 254Failure to prosecute s 255Search warrants s 255ASurrender notices s 255BDirections about inspections to determine whether motor vehicles incapable of being registered s 255CProtection from liability in relation to impounded vehicles s 255DFees s 256Application of Part s 257Certificate evidence s 258Proof of appointments and signatures unnecessary s 259Vicarious responsibility s 260Averments s 261Evidence regarding measuring and weighing s 262Evidence regarding weighing s 263Evidence regarding manufacturer’s ratings s 264Evidence not affected by nature of vehicle or combination s 265(Repealed)s 266Definitions s 267Appealable decisions may be appealed to Local Court s 268Determination of appeals against appealable decisions s 269Statutory rules may make provision for appeals and original applications s 270Finality of decisions s 271Fixing fees for services concerning driver licensing and vehicle registration s 271AParticipation by authorised government agencies in face matching services s 272Power to repeal, revoke or make changes to approvals etc under this Act s 273Delegation of functions under road transport legislation s 274Unpaid fees and charges s 275Indemnity from personal liability for carrying out duties honestly and in good faith s 276Service of documents on persons generally s 277Lodgment of documents with TfNSW s 277AUse of information in registers s 278Form of registers s 278AReferences to holder of driver licence in other Acts or laws s 279Preliminary discovery of information for recovery of private car park fees s 279AReports on liability of corporations for camera recorded offences s 279BReview of Part 5.7 s 279CReview of amendments made by Road Transport Amendment (Non-registrable Motor Vehicles) Act 2026 s 280Review of Act s 1Driver licensing system(cf DL Act, s 20(1), (2)(a)–(e), (m)–(p), (s), (t), (v) and (x) and (3))s 2Vehicle registration system(cf VR Act ss 14(3) and 15(1) and (2)(a)–(c), (h) and (i))s 3Vehicle standards and inspections(cf VR Act, s 15A)s 3AOffensive or discriminatory material displayed on vehicles s 4Trader’s plates for registrable vehicles(cf VR Act, s 15(1)(h)–(h2))s 5Safety and traffic management generally(cf STM Act, cll 1 and 3(1)(e) of Sch 1)s 6Parking(cf STM Act, cl 2 of Sch 1)s 7Safe operation of vehicles and mass, dimension, load restraint and access requirements(cf Gen Act, s 26(1); STM Act, cl 3(1)(b)–(d) of Sch 1)s 8Towing fees(cf STM Act, cl 4 of Sch 1)s 9Child safety(cf STM Act, cl 5 of Sch 1)s 10Duties of participants in, and witnesses to, road accidents(cf STM Act, cl 6 of Sch 1)s 11Records in respect of rented vehicles(cf STM Act, cl 7 of Sch 1)s 12Police powers concerning traffic management(cf STM Act, cl 8 of Sch 1)s 13Matters relating to national road transport legislation(cf Gen Act, s 11(1))s 14Fees(cf DL Act, s 20(2)(f)–(i), (r) and (w); Gen Act, s 10(2)(b)–(e); STM Act, cl 9 of Sch 1; VR Act, ss 14(6) and 15(2)(e)–(f))s 15Forms(cf DL Act, s 20(2)(j); VR Act, s 15(2)(g))s 16Updating references to outdated or incorrect references to statutory rules under this Act(cf STM Act, cl 10 of Sch 1)s 1Definitions(cf VR Act, s 17)s 2Amount of annual registration charge for chargeable heavy vehicles(cf VR Act, s 17A)s 3Registration charge for primary producer’s vehicles s 4Amount of registration charge for chargeable heavy vehicle registered for less than one year(cf VR Act, s 17C)s 5Definition(cf VR Act, s 17D)s 6Payment of registration charges(cf VR Act, s 17E)s 7Use of unregistered vehicles and vehicles for which charges unpaid(cf VR Act, s 17F)s 8TfNSW to determine charges and fees(cf VR Act, s 17G)s 9Provision of information to determine charges(cf VR Act, s 17H)s 10Adjustment of charges by TfNSW(cf VR Act, s 17I)s 11Changes in owners or to vehicles must be notified to TfNSW(cf VR Act, s 17J)s 12Calculation of charges arising from changes(cf VR Act, s 17K)s 13Refund of charges on cancellation of registration(cf VR Act, s 17L)s 14Time limit for refunds(cf VR Act, s 17M)s 15Vehicles registered in another jurisdiction(cf VR Act, s 17N(1) and (2))s 16Powers to do certain things not affected(cf VR Act, s 17O)s 17Particulars of orders to be sent to TfNSW(cf VR Act, s 17P)s 18Evidence of charges and fees(cf VR Act, s 17Q)s 19Variation and revocation of exemptions and other actions(cf VR Act, s 17R)s 20Charges and fees to be paid into TfNSW Fund(cf VR Act, s 17S)s 1Definitions(cf STM Act, s 18A and Dict)s 2When testing, analysis, assessment or sample taking not permitted(cf STM Act, ss 17, 18F, 24C and 28)s 3Power to conduct random breath testing(cf STM Act, s 13(1) and (3A)–(5))s 4Arrest following failed breath test(cf STM Act, s 14)s 5Breath analysis following arrest(cf STM Act, s 15(1)–(3))s 5ATaking blood sample following arrest s 6Power to conduct random oral fluid testing(cf STM Act, s 18B(1), (4) and (5))s 7Arrest following failed oral fluid test or refusal or inability to submit to test(cf STM Act, s 18C)s 8Providing an oral fluid sample for oral fluid analysis following arrest(cf STM Act, s 18D(1))s 9Taking blood sample following arrest(cf STM Act, s 18E(1) and (2))s 10Interpretation(cf STM Act, ss 19, 20(1) and 24A(1))s 11Blood samples to be taken in hospitals from certain accident hospital patients(cf STM Act, s 20(2)–(6))s 12Power to arrest persons involved in accidents resulting in death for purpose of blood and urine testing(cf STM Act, s 24A(2) and (3) and 24B(1) and (2))s 13Police officer may require sobriety assessment(cf STM Act, s 25)s 14Arrest following failure to submit to (or pass) sobriety assessment(cf STM Act, s 26)s 15Taking samples following arrest(cf STM Act, s 27(1) and (2))s 16Offences—refusal or failure to submit to test, analysis or assessment(cf STM Act, ss 13(2) and (3),15(4) and (5), 18B(2) and (3) and 29(1) and (3))s 17Offences—refusal or failure to provide samples or preventing sample taking(cf STM Act, ss 18D(2) and (3), 18E(9), 22(2)(a) and (3)(a), 24D(1)(a) and (2) and 29(2)(a) and (3))s 18Offences—wilful introduction or alteration of concentration or amount of alcohol or other drugs(cf STM Act, ss 16, 18G(1)–(3), 22(2)(b), (3)(b) and (4), 24D(1)(b) and (3) and 29(2)(b) and (c) and (4))s 19Offences—hindering or obstructing police officers or sample takers(cf STM Act, ss 18G(6) and (7), 22(1), 24D(6) and 29(7))s 20Offences—refusal or failure to take sample(cf STM Act, ss 18G(4)(a) and (5), 21, 24D(4)(a) and (5) and 29(5)(a) and (6))s 21Request for blood sample to be taken for analysis when person required to submit to breath analysis(cf STM Act, s 18(1) and (2))s 22Application for additional analysis of blood or oral fluid sample that has already been taken(cf STM Act, ss 18(5), 18D(5), 18E(5), 23(3), 24B(5) and 27(2C))s 23Definitions(cf STM Reg, cll 130(1) and 130A(1))s 24Procedures for the taking of blood samples(cf STM Act, ss 18(3), (4) and (5A), 18E(3), (4) and (5A), 23(1), (2) and (4)–(6), 24B(3), (4) and (5A) and 27(2A), (2B) and (2D); STM Reg, cl 130(1))s 25Procedures for the taking of urine samples(cf STM Act, ss 24B(6) and (7) and 27(3) and (4); STM Reg, cl 130(1))s 26Procedures for the taking of oral fluid samples(cf STM Act, s 18D(4)–(4B); STM Reg, cl 130A(1))s 27Conduct of analysis(cf STM Act, ss 18(6) and (7), 18D(6) and (7), 18E(6) and (8), 23(7) and (8), 24B(8), (10) and (11) and 27(5) and (7))s 28Offences—destroying or tampering or interfering with samples(cf STM Reg, cll 130(2) and (3) and 130A(2))s 29Offence—failure to comply with sample handling procedures(cf STM Act, ss 18G(4)(b), 23(1) and (2), 24D(4)(b) and 29(5)(b))s 30Offence—use of samples for non-drug testing purposes(cf STM Act, s 18H)s 31Evidence of alcohol concentration in proceedings for offences against section 110(cf STM Act, s 32)s 32Evidence of presence of drugs in proceedings for offences against section 111(cf STM Act, ss 33A and 33C)s 32AEvidence of alcohol concentration in proceedings for offences against section 111A s 32BEvidence of presence of prescribed illicit drug in proceedings for offences against section 111A s 33Evidence of presence of drugs in proceedings for offences against section 112(cf STM Act, s 34)s 34Evidence of test or analysis and related facts not admissible in insurance cases to prove intoxication or drug use(cf STM Act, s 37)s 35Certificate evidence about breath analysing instruments(cf STM Act, s 33(1)–(3))s 36Certificate evidence about the taking and analysis of samples(cf STM Act, ss 33(4)–(7), 33B, 33D and 35)s 37Certificate evidence may specify minimum concentrations(cf STM Act, s 36)s 38Police may conduct random breath and oral fluid testing at same time(cf STM Act, s 39A)s 39Use of samples for accident research(cf STM Act, s 73)s 40Double jeopardy in relation to alcohol and other drug offences(cf STM Act, s 38)s 41Personal liability for good faith taking of samples(cf STM Act, s 39)s 42Supervisee may perform functions of medical practitioner, nurse or prescribed sample taker(cf STM Act, ss 18E(7), 24, 24B(9) and 27(6))s 1Statutory rules s 2Definitions s 3References to former road transport legislation and related matters s 4Continued matters or things may be dealt with under new road transport legislation accordingly s 5Certain savings and transitional provisions take effect on and from repeal day s 6Former road transport legislation and other related matters continue to apply in certain circumstances s 7Orders under sections 15 and 16 of Road Transport (General) Act 2005 s 8Certain existing statutory rules taken to be made under this Act s 9Road Transport (General) Regulation 2013 s 10Existing fees s 11Mutual recognition duties s 12Existing driver licences s 13Existing disqualifications, suspensions and good behaviour undertakings s 14Existing demerit points s 15Interlock devices s 16Cancellation or suspension of driver licences for speeding offences and other matters s 17Existing registered vehicles s 18Existing labels and plates and special number-plate arrangements s 19Existing unregistered vehicle permits s 20References to registration under Road Transport (Vehicle Registration) Act 1997 s 21Seizures under section 27 of Road Transport (Vehicle Registration) Act 1997 s 22Existing directions and defect notices continue to have effect s 23Written-off vehicles s 24Existing unpaid fees and charges s 25Heavy vehicle registration charges and administrative fees s 26Motor vehicle taxes s 27Existing approved devices and instruments s 28Approvals granted by Commissioner of Police s 29Surrender and forfeiture of prohibited speed measuring articles s 30Persons authorised to deal with prescribed traffic control devices s 31Monitoring of heavy vehicles and vehicles carrying dangerous goods s 32Use of samples for accident research s 33Continuation of existing registers s 34Authorised officers s 35Exercise of identity powers extends to certain matters arising before repeal day s 36Continuation of licence sanctions under former road transport legislation s 37Downgrading of driver licences s 38Continuation of certain vehicle sanctions s 39Video and photographic devices approved by Commissioner of Police for certain camera recorded offences s 40Requirement concerning keeping and production of records or other documents under former road transport legislation s 41Certain authorities and delegations taken to be delegations under this Act s 42Appointments, approvals and authorisations of persons under former road transport legislation s 43Updating of references to former road transport legislation s 44Statutory rules may update certain legislative provisions enacted or made before repeal day s 45Use of existing document for transitional periods s 46General savings provision s 47Road Transport (Mass, Loading and Access) Regulation 2005 taken to be made under this Act s 48Number-plate confiscation notices s 49Definition s 50Use of interlock devices as alternative to disqualification s 51Existing approved interlock installers and approved interlock service providers s 52Demerit points s 53Definition s 54Convictions for offences in periods preceding conviction for certain new offences s 55Application of amendment relating to sobriety assessments s 56Application of certain amendments relating to procedures for taking urine samples s 57Notification by police officer before analysis of sample relating to fatal accident s 58Application of certain amendments relating to certificate evidence by analysts and authorised sample takers s 59Authorisation of certain police officers to carry out breath analyses s 60Insurance for automated vehicle trials s 61References to Minister administering Motor Accident Injuries Act 2017 s 62Definition s 63References to first, second or subsequent offences s 64Removal of licence disqualifications s 65Abolition of habitual traffic offenders scheme s 66Written-off light vehicles s 67Relevant offence-free period for licence disqualification removals s 68Application of amendments s 69Device, plate or document obtained by false statement s 70Power to require production of information s 71Warning period for seatbelt offences detected by appropriate approved traffic enforcement devices

Section Whole Act

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53

Definition

Current

53 Definition

In this Part—

amending Act means the Road Transport Amendment (Alcohol and Drug Testing) Act 2014.

This Act’s bill:Explanatory memorandum Second reading speech

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