Statutes Amendment (Transport Online Transactions and Other Matters) Bill

Introduction and First Reading

The Hon. S.C. MULLIGHAN (Lee—Minister for Transport and Infrastructure, Minister for Housing and Urban Development) (15:39): Obtained leave and introduced a bill for an act to amend the Harbors and Navigation Act 1993, the Heavy Vehicle National Law (South Australia) Act 2013, the Highways Act 1926, the Motor Vehicles Act 1959 and the Road Traffic Act 1961. Read a first time.

Second Reading

The Hon. S.C. MULLIGHAN (Lee—Minister for Transport and Infrastructure, Minister for Housing and Urban Development) (15:40): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

The Government introduces the Statutes Amendment (Transport Online Transactions and Other Matters) Bill 2017 with the aim of making small but important changes to multiple South Australian laws so they work more effectively for our community. The Bill makes a number of changes, including to the Motor Vehicles Act 1959, Road Traffic Act 1961, Highways Act 1926 and the Heavy Vehicle National Law (South Australia) Act 2013. The Schedule also amends transport legislation, including the Harbors and Navigation Act 1993, to remove gender specific language, reflecting the government's policy on gender identity and equality.

Motor Vehicles Act

Proposed changes to the Motor Vehicles Act support the Government's Digital by Default agenda in order to further modernise the ways in which customers are able to transact with government. The community wants to transact with government online; indeed the 2016 state Customer Satisfaction Measurement Survey showed that people are significantly more satisfied with government services when they are able to access them online. This also complements recent initiatives, such as the changes to the Act proposed in the Statutes Amendment and Repeal (Simplify) Bill 2016 which provide capacity for driver's licences to be in a digital form, to keep pace with contemporary society and expectations.

At present there are around 20 or so online services which already operate for the public in relation to the Act, mostly via the EzyReg website. However, of high frequency transactions such as transfers of vehicle registration, particularly after vehicle sales, and acknowledging licence disqualifications, customers are still required to mail or lodge paper-based forms and personally attend at service centre counters.

The Bill alleviates this situation by removing legislative barriers in the Motor Vehicles Act to the use of electronic 'online' processes so that vehicle registration transfers and notices of vehicle sales may be recorded online, instead of requiring lodgement of physical forms. Either or both parties may choose to use the existing methods, or the new online services via secure EzyReg online accounts. To provide flexibility, the legislation requires provision of information in an application, form or notice in a 'manner determined by the Minister'.

As amended by the Bill, section 139BD of the Motor Vehicles Act will enable the option for a notice of licence disqualification issued by the Registrar of Motor Vehicles to be acknowledged by the recipient online. The recipient will follow an online procedure via their EzyReg account, which includes a number of verification steps, much like an internet banking transaction, and payment of the requisite fees. The Bill also provides a presumption that the notice has been given on the day that the person acknowledges it electronically.

Each year around 430,000 registration transfers and associated transactions are processed and around 17,000 transactions connected to licence disqualification acknowledgements. These amendments will allow for this almost half a million additional transactions to take place online each year. These changes have the potential to positively impact large numbers of our community, resulting in a significant saving of time and inconvenience for the public by providing an alternative to physically attending at service centres in business hours. To ensure all members of our community are catered for, online methods will be optional, and existing methods for customer transactions, primarily focussed on the lodgement of paper forms, will also remain.

The Bill will also give members of the public the option to receive the communications by 'electronic means of a kind determined by the Minister', such as an EzyReg account, rather than by post.

With the goal of assisting the public and promote efficiencies, further changes to the Act contained in the Bill include changes to enable licence renewal applications to be made by telephone, and a power for the Minister to delegate his or her powers and functions under the Act. To cut red tape across government, provisions relating to the recovery and refund of small monetary amounts is deleted as this is managed across government by the Public Finance and Audit Act 1987.

The Bill also amends the Act's provisions for the accident towing roster scheme. To optimise health and safety for the holders of towtruck certificates, the requirement for certification to be fixed to clothing is removed.

Heavy Vehicle National Law Associated Amendments

Further amendments in the Bill involve changes to the Heavy Vehicle National Law (South Australia) Act 2013, the Road Traffic Act, and the Motor Vehicles Act, consequential upon the introduction and operation of the Heavy Vehicle National Law (National Law) on 10 February 2014. The National Law establishes a national heavy vehicle regulator and a national regulatory scheme for all heavy vehicles (over 4.5 tonnes gross vehicle mass) for participating Australian jurisdictions.

For the more efficient operation of the National Law in South Australia, the Bill introduces a power of delegation for the powers and/or functions conferred on road managers and road authorities in the local application Act.

Changes proposed to various sections of the Road Traffic Act will clarify that there are now separate legislative frameworks for light and heavy vehicles, clarify definitions and terminology consistent with the National Law, and make other minor amendments.

Bicycle Definition – Road Traffic Act

Other miscellaneous amendments in the Bill include updating the definition of a bicycle in the Road Traffic Act to remove unicycles and scooters from this category. This will achieve consistency with the more up to date definition in the Australian Road Rules. To avoid future inconsistencies, amendments to the Act are also made so that the definitions of a wheeled recreational device and a wheeled toy will now be dealt with by regulation.

To optimise the operation of the provision, the Bill also amends section 175A of the Road Traffic Act to clarify that an average speed Gazette notice made under that section may be varied or revoked.

Highways Act

The Statutes Amendment and Repeal Act 2012 (2012 Budget Act) incorporated amendments to the Highways Act that provided for certain roads to vest in the Commissioner of Highways so as to enable the Commissioner to enter into contracts to promote commercial activities on these roads.

A degree of ambiguity has however arisen as to how these roads are to be treated as a 'road' or a 'public road'. The proposed amendment to section 26 of the Highways Act clarifies beyond any doubt that the powers under Part 2 of Chapter 11 of the Local Government Act 1999 will apply to roads vested in the Commissioner as if such roads were public roads.

This change makes clear that the Commissioner has the same powers with regard to these roads as councils, as was intended by the 2012 Budget Act.

I commend the Bill to the House.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Heavy Vehicle National Law (South Australia) Act 2013

4—Insertion of sections 22A and 22B

This clause will insert new sections 22A and 22B at the beginning of Part 2 Division 6 (Miscellaneous) of the local application provisions of the Act.

22A—Delegation by road authority

Proposed new section 22A empowers the road authority (that is, the Minister to whom the administration of the Road Traffic Act 1961 is committed) to delegate the powers and functions of the road authority under the Act to a particular person or a person for the time being occupying a particular position (other than a road manager or a delegate of a road manager).

22B—Delegation by road manager

Proposed new section 22B empowers a road manager to delegate the powers and functions of a road manager under the Act (that is, an authority, person or body responsible for the care, control or management of a road) to a particular person or a person for the time being occupying a particular position (other than a road authority or a delegate of a road authority).

Part 3—Amendment of Highways Act 1926

5—Amendment of section 26—Powers of the Commissioner to carry out roadwork etc

This clause amends section 26 to ensure that Part 2 of Chapter 11 of the Local Government Act 1999 applies to roads vested in or under the care, control and management of the Commissioner of Highways as if those roads were public roads.

Part 4—Amendment of Motor Vehicles Act 1959

6—Insertion of section 6A

This clause inserts a new section to allow delegations by the Minister.

6A—Delegation by Minister

Proposed section 6A empowers the Minister to delegate powers and functions of the Minister under the Act.

7—Amendment of section 16—Permits to drive vehicles without registration

This clause amends section 16 so that an application for a permit to drive an unregistered motor vehicle can be made online, and so that notice to the holder of a permit under that section can be given by the Registrar online.

8—Amendment of section 20—Application for registration

This clause amends section 20 so that an application for registration of a motor vehicle can be made online and so that the particulars to be included in an application for renewal of registration can be prescribed by the regulations.

9—Amendment of section 21—Power of Registrar to decline application

This clause amends section 21 so that the Registrar can decline an application for registration made online.

10—Amendment of section 24A—Registrar may accept periodic renewal payments

This clause amends section 24A to make a minor amendment that is consequential on the amendments to section 56 proposed by this measure.

11—Amendment of section 43—Short payment etc

This clause amends section 43 so that notice to the registered owner or registered operator of a motor vehicle demanding payment of an amount for registration or insurance can be given by the Registrar online.

12—Amendment of section 47C—Return or recovery of number plates

This clause amends section 47C so that notice to the registered owner or registered operator of a motor vehicle requiring the return of number plates can be given by the Registrar online.

13—Substitution of section 56

This clause substitutes section 56 which sets out the obligations of the transferor upon transfer of the ownership of a motor vehicle.

56—Duty of transferor on transfer of vehicle

This section requires a person who transfers the ownership of a motor vehicle to another person to lodge an application for cancellation of the registration of the vehicle within 7 days of the transfer, or to give the transferee the prescribed documents in respect of the vehicle and complete and sign notice of the transfer of ownership within 7 days after the transfer, and within 14 days after the transfer lodge the notice of transfer of ownership. The maximum penalty for non-compliance is a $1,250 fine.

14—Amendment of section 57—Duty of transferee on transfer of vehicle

This clause amends section 57 to enable an application for the transfer of registration of a motor vehicle and the prescribed documents in respect of the vehicle to be lodged online.

15—Substitution of section 57A

This clause substitutes section 57A.

57A—Power of Registrar to record change of ownership of motor vehicle

This section allows the Registrar to record a change of ownership on the register without registering the name of the new owner if a notice of transfer of ownership has been lodged under section 56, or the Registrar is satisfied on the basis of other evidence that the ownership of the vehicle has been transferred to another person.

16—Amendment of section 58—Transfer of registration

This clause makes a minor amendment to section 58 which is consequential on the amendments to other sections which allow for online lodgement of applications and documents.

17—Amendment of section 60—Cancellation of registration where failure to transfer after change of ownership

This clause makes a minor amendment to section 60 which is consequential on the amendments to other sections which allow for online lodgement of applications and documents.

18—Insertion of section 60A

This clause inserts section 60A.

60A—Lodgement of applications, notices etc

This section provides that for the purposes of sections 56, 57, 57A, 58 and 60, a requirement to lodge an application, notice or other document with the Registrar will be taken to have been met if all the information required to be included in the application, notice or other document is provided to the Registrar in a manner determined by the Minister.

19—Amendment of section 75—Issue and renewal of licences

This clause amends section 75 to enable applications for the issue or renewal of driver's licences to be made online.

20—Amendment of section 75AA—Only one licence to be held at any time

This clause amends section 75AA to enable notice requiring a person to surrender a licence or permit to be given by the Registrar online.

21—Amendment of section 81F—Mandatory alcohol interlock scheme conditions

This clause amends section 81F so that a notice to produce a vehicle for inspection by an approved alcohol interlock provider can be given by the Registrar online.

22—Amendment of section 85—Procedures for suspension, cancellation or variation of licence or permit

This clause amends section 85 so that notice of a suspension, cancellation or variation of a licence or permit can be given by the Registrar online.

23—Substitution of section 98ML

This clause substitutes section 98ML.

98ML—Towtruck driver to carry and produce certificate

This section requires the holder of a towtruck certificate or temporary towtruck certificate to carry the certificate in accordance with the regulations. Currently section 98ML provides that the certificate must be fixed to the holder's clothing in accordance with the regulations.

24—Amendment of section 98V—Cancellation of permit

This clause amends section 98V to enable notice to be given to the holder of a disabled person's parking permit by the Registrar online.

25—Amendment of section 138B—Effect of dishonoured cheques etc on transactions under the Act

This clause amends section 138B to enable notices under that section to be given by the Registrar online.

26—Repeal of section 138C

This clause repeals section 138C which provides that if for any reason a fee payable under the Act is overpaid and the amount overpaid does not exceed $3 (indexed), the Registrar is not required to refund the amount overpaid unless the person who paid the fee demands a refund.

27—Amendment of section 139BA—Power to require production of licence etc

This clause amends section 139BA to enable a notice requiring the production of a licence or permit to be given to a person online.

28—Amendment of section 139BD—Service and commencement of notices of disqualification

This clause amends section 139BD to allow for the acknowledgement of the receipt of a notice of disqualification to be recorded by electronic means of a kind determined by the Minister.

29—Amendment of section 139C—Service of other notices and documents

This clause amends section 139C to enable the service of documents by electronic means of a kind determined by the Minister.

30—Amendment of section 139D—Confidentiality

This clause amends section 139D to enable information obtained in the administration of the Act to be disclosed in connection with the administration of the Heavy Vehicle National Law (South Australia) Act 2013, the Heavy Vehicle Regulations (South Australia), and the regulations made under that Act.

31—Amendment of section 141—Evidence by certificate etc

This clause amends section 141 so that, in the absence of proof to the contrary, in proceedings under the Act, a notice of disqualification will be taken to have been given to a person, in the case of a notice receipt of which is personally acknowledged by the person recording the acknowledgement, within the period specified in the notice, by electronic means of a kind determined by the Minister, on the day on which receipt of the notice is so acknowledged.

32—Amendment of section 142A—Evidence of ownership of motor vehicle

This clause amends section 142A to alter a cross-reference.

33—Amendment of section 145—Regulations

This clause amends section 145 to empower the Registrar to divide the declared area into zones for the purposes of the accident towing roster scheme, to enable regulations of savings or transitional nature to be made, and to make a minor consequential amendment.

Part 5—Amendment of Road Traffic Act 1961

34—Amendment of section 5—Interpretation

This clause amends definitions of words and phrases used in the Act. Among the changes are the following:

Australian Road Rules: The current definition, which is a reference to section 80 of the Act, is deleted. A new definition is inserted by proposed new section 8.

Journey documentation: The current definition is amended to replace 'log book' with 'work diary'.

Bicycle: The current definition is amended to exclude unicycles and scooters, as is the case in the Australian Road Rules.

Wheeled recreational device, wheeled toy: The current definitions of wheeled recreational device and wheeled toy are amended to enable their respective meanings to be prescribed by regulation.

The amendments also substitute a new definition of legal entitlements and insert a definition of quad-axle group.

35—Insertion of section 8

This clause inserts section 8.

8—References to Australian Road Rules

This clause inserts a new definition of Australian Road Rules in place of the definition deleted from section 5. The proposed new definition applies (unless the contrary intention appears) not just to the Road Traffic Act 1961 but to references to the Australian Road Rules in other Acts or laws and makes it clear that such references are to the Rules as they apply in this State.

36—Amendment of section 40P—Notice of removal of vehicle and disposal of vehicle if unclaimed

This clause amends section 40P to make a minor amendment to the definition of relevant authority.

37—Amendment of section 79B—Provisions applying where certain offences are detected by photographic detection devices

This clause amends section 79B so that offences against the Heavy Vehicle National Law (South Australia) Act 2013 prescribed by the regulations can be included in the offences to which the section applies.

38—Amendment of section 82—Speed limit while passing school bus

This clause amends section 82 to substitute the definition of vehicle standards for the purposes of the section.

39—Amendment of heading to Part 4 Division 4 Subdivision 1

This clause amends the heading to Subdivision 1 of Part 4 Division 4 to make it clear that it applies only in relation to light vehicles.

40—Amendment of section 145—Defect notices

This clause amends section 145 of the Act to so that references to vehicle standards in the section are references to the vehicle standards for light vehicles.

41—Amendment of section 175A—Average speed evidence

This clause amends section 175A to make it clear that notices in the Gazette by the Minister specifying locations, routes and distances relating to average speed camera locations can be varied or revoked by subsequent notices in the Gazette by the Minister.

Schedule 1—Statute law revision amendments

The Schedule replaces gender-specific language with gender-neutral language in the Harbors and Navigation Act 1993, the Heavy Vehicle National Law (South Australia) Act 2013, the Highways Act 1926, the Motor Vehicles Act 1959 and the Road Traffic Act 1961.

Debate adjourned on motion of Mr Pederick.