Other notes
Other notes Other notes
1M Under the Cross‑border Justice Act 2008 section 14, in order to give effect to that Act, this Act must be applied with the modifications prescribed by the Cross‑border Justice Regulations 2009 Part 3 Division 19 as if this Act had been altered in that way. If a modification is to replace or insert a numbered provision, the new provision is identified by the superscript 1M appearing after the provision number. If a modification is to replace or insert a definition, the new definition is identified by the superscript 1M appearing after the defined term.
1 Footnote no longer applicable.
2 Repealed by the Interpretation Act 1984.
3 The Road Traffic Amendment Act (No. 2) 1982 s. 30 and 31 deleted the Road Traffic Act Amendment Act 1978 s. 16(a), (b) and (c) and 23.
4 The Road Traffic Amendment Act (No. 2) 1980 s. 10(2) reads as follows:
A traffic sign or traffic control signal or similar device purported to have been erected for the purposes of the principal Act and the regulations made thereunder before the coming into operation of this section shall be and always have been a valid and effective traffic sign, traffic control signal, or device for those purposes.
5 The Road Traffic Amendment Act (No. 2) 1982 s. 21(2) is a transitional provision that is of no further effect.
6 The Road Traffic Amendment Act (No. 2) 1987 s. 10(2) reads as follows:
A certificate that was in force under section 72(3)(b) of the principal Act immediately before the commencement of subsection (1)(d) shall have effect after that commencement as if it certified the person named in the certificate as being competent to operate all types of breath analysing equipment.
7 The Road Traffic Amendment Act (No. 2) 1987 s. 11(b) had not come into operation when it was deleted by the Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 112.
8 The Road Traffic Amendment Act 1988 s. 17(2) and (3) read as follows:
In subsection (3) the relevant regulations means any regulations purporting to have been made under the principal Act before 1 July 1984 that would have been authorised under section 43(7) or (8) of the Interpretation Act 1984 if they had been made on or after 1 July 1984.
The principal Act as enacted from time to time before 1 July 1984 is deemed to have authorised the making of the relevant regulations and those regulations shall be deemed to have taken effect and had the force of law accordingly.
9 The Road Traffic Amendment (Random Breath Tests) Act 1989 s. 4 and the Road Traffic Amendment Act 1996 s. 41 amended the Road Traffic Amendment (Random Breath Tests) Act 1988 s. 5, which was deleted by the Road Traffic Amendment Act 2000 s. 67.
10 The Acts Amendment (Chemistry Centre (WA)) Act 1990 s. 9 and 10 read as follows:
9. Saving of certificates and labels
A certificate or label issued under the principal Act that purports to have been signed by the director of the Government Chemical Laboratories or prepared by the Government Chemical Laboratories before the commencement of this Act shall continue to have effect as if this Act had not come into operation.
10. Validation
Every act or thing purporting to have been done by the Director or any other officer of the Chemistry Centre (WA) under the principal Act before the commencement of this Act that would have been lawful if this Act had been in force at the time when it was done is hereby validated and declared to have been lawfully done.
11 The Criminal Law Amendment Act 1991 cl. 1(2) of Pt. A of the Sch. reads as follows:
Notwithstanding subclause (1), section 59(2), as it was immediately before the commencement of this clause, continues to apply in relation to —
any death that occurred before the commencement of this clause; and
any death that occurs after the commencement of this clause if the driving which directly or indirectly causes the death occurs not less than a year and a day before the commencement of this clause.
12 The Road Traffic Amendment Act 1996 s. 52 reads as follows:
52. Actions of delegates validated
Anything done before the commencement of this section by a person acting under any delegation purporting to have been made by the Traffic Board under any written law, is as valid and has the same force and effect, and is to be regarded as having always been as valid and had the same force and effect, as if it had been done by the Traffic Board.
In subsection (1) —
Traffic Board means the Traffic Board constituted under section 6 of the Road Traffic Act 1974 as it was before the commencement of this Act.
13 The Road Traffic Amendment Act 1996 s. 8(3) was deleted by the Road Traffic Amendment Act 2006 s. 43(2).
14 The amendment in the Road Traffic Amendment Act 1997 s. 13 to amend s. 20(2) did not come into operation because of an error in the reference to the provision to be amended.
15 The Road Traffic Amendment Act 2000 s. 48 and Sch. 1 read as follows:
48. Savings and transitional
Schedule 1 has effect.
Schedule 1 — Savings and transitional
[s. 48]
1. Interpretation
In this Part —
commencement day means the day on which this Act comes into operation under section 2.
2. Section 18 amendments have no effect in relation to certain applications
The amendments made by section 18 have no effect in relation to an application for a driver’s licence by a person who holds a permit issued under section 48C of the Road Traffic Act 1974 before the commencement day.
3. Licences to drive vehicles formerly classified by reference to use
If —
immediately before the commencement day, a person was the holder of a driver’s licence authorising the person to drive a motor vehicle classified under section 43(2) by reference to the purpose for which or manner in which it is being used; and
on and after the commencement day the purpose or manner is prohibited by regulations under section 43(1)(aa) of the Road Traffic Act 1974,
the licence, or any new class of licence held by the person under section 43(1)(e) of the Road Traffic Act 1974, is to be regarded as having been endorsed to confer the authority to drive for that purpose or in that manner.
4. Section 23 amendments have effect only in relation to licences issued after commencement
The amendments made by section 23 have effect only in relation to a driver’s licence issued after the commencement day.
5. Duplicate licences
If —
after the commencement day a person applies for a duplicate of a driver’s licence under section 48B of the Road Traffic Act 1974; and
the licence was issued before the commencement day without the photograph and signature of the licence holder,
then section 42B of the Road Traffic Act 1974 applies to the issue of the duplicate as if it were the issue of a driver’s licence.
16 The amendment in the Road Traffic Amendment Act 2000 s. 16(2) to amend s. 25(2) is not included because the subsection it sought to amend had been deleted by the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 s. 1062(2).
17 The amendment in the Road Traffic Amendment Act 2000 s. 33 to amend s. 59(1a) is not included because the subsection it sought to amend had been deleted by the Criminal Code Amendment Act 2004 Sch. 3 cl. 27(3).
18 The amendment in the Road Traffic Amendment Act 2000 s. 33 to amend s. 59(3) is not included because the subsection it sought to amend had been amended by the Road Traffic Amendment (Dangerous Driving) Act 2004 s. 5(3).
19 The amendment in the Road Traffic Amendment Act 2000 s. 39 to amend s. 89 is not included because the section it sought to amend had been deleted by the Criminal Law Amendment (Simple Offences) Act 2004 s. 82.
20 The Machinery of Government (Planning and Infrastructure) Amendment Act 2002 s. 67‑69 read as follows:
67. Agreements under former Transport Co‑ordination Act 1966 section 15C
To the extent that, immediately before the commencement of this Act, an agreement under the former section 15C made provision about the performance of functions of the former Director General under a relevant Act, the agreement continues, when this Act comes into operation, as an agreement under the new provision of the relevant Act.
To the extent that the agreement continues under subsection (1), it applies as if —
instead of being made by the Minister referred to in the former section 15C, the agreement had been made by the Director General referred to in the new provision of the relevant Act; and
instead of providing for the performance of functions of the former Director General, the agreement made similar provision for the performance of the corresponding functions of the Director General referred to in the new provision of the relevant Act.
In this section —
former Director General means the Director General of Transport under the Transport Co‑ordination Act 1966 section 8 as in force before it was repealed by this Act;
former section 15C means the Transport Co‑ordination Act 1966 section 15C as in force before it was repealed by this Act;
new provision means —
the Control of Vehicles (Off‑road Areas) Act 1978 section 4B;
the Motor Vehicle Drivers Instructors Act 1963 section 4A;
the Motor Vehicle (Third Party Insurance) Act 1943 section 3QA; or
the Road Traffic Act 1974 section 6B;
relevant Act means —
the Control of Vehicles (Off‑road Areas) Act 1978;
the Motor Vehicle Drivers Instructors Act 1963;
the Motor Vehicle (Third Party Insurance) Act 1943; or
the Road Traffic Act 1974.
68. Delegations under former Transport Co‑ordination Act 1966 section 18
To the extent that, immediately before the commencement of this Act, a delegation under the former section 18 applied to the performance of functions or powers of the former Director General under a relevant Act, the delegation continues, when this Act comes into operation, as a delegation under the new provision of the relevant Act.
To the extent that the delegation continues under subsection (1), it applies as if —
instead of being made by the former Director General, the delegation had been made by the Director General referred to in the new provision of the relevant Act;
instead of delegating the performance of functions of the former Director General, the performance of the corresponding functions of the Director General referred to in the new provision of the relevant Act were delegated; and
any Ministerial approval that would have been required in order for the delegation to be made under the new provision of the relevant Act had been given.
In this section —
former Director General means the Director General of Transport under the Transport Co‑ordination Act 1966 section 8 as in force before it was repealed by this Act;
former section 18 means the Transport Co‑ordination Act 1966 section 18 as in force before it was amended by this Act;
new provision means —
the Control of Vehicles (Off‑road Areas) Act 1978 section 4A;
the Motor Vehicle Drivers Instructors Act 1963 section 4;
the Motor Vehicle (Third Party Insurance) Act 1943 section 3QB;
the Rail Safety Act 1998 section 57A;
the Road Traffic Act 1974 section 6A; or
the Transport Co‑ordination Act 1966 section 18;
relevant Act means —
the Control of Vehicles (Off‑road Areas) Act 1978;
the Motor Vehicle Drivers Instructors Act 1963;
the Motor Vehicle (Third Party Insurance) Act 1943;
the Rail Safety Act 1998;
the Road Traffic Act 1974; or
the Transport Co‑ordination Act 1966.
69. Regulations about transitional matters
If there is no sufficient provision in this Act for dealing with a transitional matter, regulations under an Act amended by this Act may include any provision that is required, or is necessary or convenient, for dealing with the transitional matter.
In subsection (1) —
transitional matter means a matter that needs to be dealt with for the purpose of effecting the transition from the provisions of the Acts amended by this Act as in force before this Act comes into operation to the provisions of those Acts as in force after this Act comes into operation.
Regulations including a provision described in subsection (1) may be expressed to have effect before the day on which they are published in the Gazette.
To the extent that a regulation including a provision described in subsection (1) may have effect before the day of its publication in the Gazette, it does not —
affect in a manner prejudicial to any person (other than the State or an agency of the State), the rights of that person existing before the day of its publication; or
impose liabilities on any person (other than the State or an agency of the State) in respect of anything done or omitted to be done before the day of its publication.
21 The Taxation Administration (Consequential Provisions) Act 2002 s. 30 and 32 will not come into operation (see s. 2(2)).
22 The amendment in the Statutes (Repeals and Minor Amendments) Act 2003 s. 105(4) is not included because the section it sought to amend had been replaced by the Sentencing Legislation Amendment and Repeal Act 2003 s. 28.
23 The Road Traffic Amendment (Dangerous Driving) Act 2004 s. 12 reads as follows:
12. Review
The Minister is to carry out a review of the operations and effectiveness of the amendments made to the Road Traffic Act 1974 by this Act as soon as is practicable after the expiry of 18 months from the commencement of the Road Traffic Amendment (Dangerous Driving) Act 2004.
The Minister is to prepare a report based on the review carried out under subsection (1) and is to cause that report to be laid before each House of Parliament as soon as practicable.
24 The Courts Legislation Amendment and Repeal Act 2004 Sch. 2 cl. 46 was deleted by the Criminal Law and Evidence Amendment Act 2008 s. 77(13).
25 The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.
26 The amendment in the Road Traffic Amendment Act 2006 s. 15(a) to amend the Table to s. 64(2) is not included because the subsection it sought to amend had been amended by the Road Traffic Amendment Act (No. 2) 2007 s. 6.
27 The amendment in the Road Traffic Amendment Act 2006 s. 22(9) to amend s. 76 is not included because the subsection it sought to amend had been amended by the Road Traffic Amendment (Vehicle Licensing) Act 2001 s. 23.
28 The Road Traffic Amendment Act 2006 s. 35(2) and Pt. 3 read as follows:
35. Sections 111AA and 111AB inserted and saving
A declaration under section 103A of the Road Traffic Act 1974 or regulation under section 103B of that Act made before the commencement of this section is to have effect after the commencement of this section as if it was made under section 111AA or 111AB, as the case requires, of that Act.
Part 3 — Transitional provision
36. Existing demerit points
Points currently recorded in respect of a person under section 103 of the Road Traffic Act 1974 immediately before that section is repealed by section 29, and details of any offence in respect of which the points were recorded, are to be recorded as demerit points against the person in the demerit points register referred to in Part VIA of the Road Traffic Act 1974 as inserted by section 31.
29 The Road Traffic Legislation Amendment (Disqualification by Notice) Act 2010 s. 12(2)(c), (5)(d) and (7)(b) had not come into operation when they were deleted by the Statutes (Repeals and Minor Amendments) Act 2014 s. 36.
30 The Road Traffic Amendment (Alcohol Interlocks and Other Matters) Act 2015 s. 9 had not come into operation when it was deleted by the Road Traffic Amendment (Blood Alcohol Content) Act 2019 s. 7.
31 The Road Traffic Amendment (Impounding and Confiscation of Vehicles) Act 2016 s. 5 and Pt. 3 Div. 3 will not come into operation (see. s. 57(1)).
32 The Taxi Drivers Licensing Act 2014 Pt. 10 Div. 1 could not come into operation because the sections it sought to amend were deleted by the Road Traffic Legislation Amendment Act 2012 s. 8. Subsequently, the Taxi Drivers Licensing Act 2014 was repealed by the Transport (Road Passenger Services) Act 2018 s. 304 before it purported to come into operation.
33 The Road Traffic Legislation Amendment Act 2016 s. 64 had not come into operation when it was deleted by the Road Traffic Amendment (Blood Alcohol Content) Act 2019 s. 9.
This provision refers to the regulations (the regulations
, any regulations
, a regulation
). Made under this Act:
- Road Traffic (Blood Sampling and Analysis) Regulations 1975
- Road Traffic (Breath Analysis) Regulations 1975
- Road Traffic (Drug Driving) Regulations 2007
5 more instruments made under this Act are listed on the Act’s overview.
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