Road Traffic Act 1961

This

Act may be cited as the Road

Traffic Act 1961.

This

Act binds the Crown in right of the State and also, so far as the legislative power of the State extends, in all its other capacities.

No criminal liability attaches to the Crown itself (as distinct from its agents, instrumentalities, officers and employees) under this Act.

This

Act applies to vehicles and drivers, riders, passengers and pedestrians on roads.

Unless it is otherwise expressly stated, a reference in this Act to a driver includes a reference to a rider, and a reference to driving includes a reference to riding.

A reference in this Act to a road includes a reference to a road-related area unless it is otherwise expressly stated.

For the purposes of this Act, a person who drives a vehicle to which a trailer is attached will be taken to be the driver of the trailer and the trailer will be taken to be driven by that person.

Unless the contrary intention appears, a reference in this Act or any other

Act or law to the Australian

Road Rules is a reference to the Australian

Road Rules as they apply in this jurisdiction (the operation of the Australian

Road Rules in this jurisdiction may be affected by this Act, or by regulations made under this Act—see section 80).

This

Act is in addition to, and does not derogate from, the provisions of any other Act.

The

Minister may, by instrument in writing, delegate any of the powers or functions conferred on, or assigned to, the Minister by or under this

Act—

to a particular person or committee; or

to the person for the time being occupying a particular position; or

to a council.

If a delegation is made to a committee under this section, the instrument of delegation may regulate the procedures to be followed by the committee and (without limiting the generality of that power) may empower the committee to act by decision of the majority of its members present at a meeting.

A power or function delegated under this section may, subject to the conditions of the instrument of delegation, be further delegated by instrument in writing.

A delegation under this section—

may be unconditional or subject to conditions specified by the delegator;

and

does not derogate from the power of the delegator to act personally in any matter; and

is revocable at will by the delegator.

For the purposes of this Act, any approval of the Minister required under this Act—

may, if the Minister thinks fit, be of a general nature extending to matters specified by the Minister; and

may be unconditional or subject to conditions specified by the Minister.

For the purposes of this Part, a road is under the care, control and management of the Commissioner of Highways if the Commissioner has, under the Highways

Act 1926 taken over the maintenance and repair of that road.

A road authority may, with the approval of the Minister (or in accordance with a roadworks permit issued under section 20), install, maintain, alter or operate, or cause to be installed, maintained, altered or operated, a traffic control device on, above or near a road.

A road authority may, with the approval of the Minister (or in accordance with a roadworks permit issued under section 20), remove a traffic control device or cause a traffic control device to be removed.

Any authority, body or person may, with the approval of the Minister (or in accordance with a roadworks permit issued under section 20), install, display, alter, operate or remove traffic control devices—

in relation to an area where persons are engaged in work or an area affected by works in progress; or

in relation to a part of a road temporarily closed to traffic under this or any other Act; or

for any temporary purposes.

An approval of the Minister under this section may be issued—

in relation to an authority, body or person of a class determined (from time to time) by the Minister; or

in relation to an authority, body or person on an application under this section.

An application for an approval of the Minister must be made in a manner determined by the Minister (which may differ between applications according to factors determined by the Minister) and be accompanied by a fee fixed by, or calculated in accordance with, the regulations.

An approval issued by the Minister under this section may—

be subject to such conditions as the Minister thinks fit; and

be varied, suspended or revoked at any time by the Minister (including, without limitation, as a penalty for breach of conditions of the approval or while any alleged breach of conditions is under investigation).

Without limiting the circumstances in which the Minister may refuse to issue an approval for the purposes of this section, the Minister may refuse to issue an approval if any person who has been found guilty of an offence against section 21 is to be responsible for installing, displaying, altering, operating or removing traffic control devices pursuant to the approval.