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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
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Bills

Motor Vehicles (Trials of Automotive Technologies) Amendment Bill

Committee Stage

In committee.

Clauses 1 to 3 passed.

Clause 4.

Mr WINGARD: I thank the minister for covering most of the questions that were raised by me. It appears in your references that the member for Schubert raised similar questions. I just want a little bit of clarity—and I do not think it will take long because you did cover it quite well—on part D and the bit about the public liability. You talked about the public liability matching the risk. At what stage will the public know the figure that was talked about that will be there for coverage for a test for an autonomous vehicle?

The Hon. S.C. MULLIGHAN: In my summating comments earlier, I made reference to the details of the trial being published a month earlier and that stands; however, I misspoke. I said that those details will be published in the Government Gazette. The bill does not require them to be published in the Government Gazette. The bill requires them to be published online according to section 134D(5) where it says '…authorised trial to be published on a website...'

The details of the trial are anticipated to include the nature of the trial, the conduct of the vehicles, and the details of the vehicles, etc. I should be absolutely clear that the legislation does not specifically require the insurance details to be published on that website; however, the government undertakes to do that within those notices published on the website.

Mr WINGARD: On the same one again: is there an ability for the government to investigate the insurance company to ensure that you are comfortable that it is adequate coverage and that we are covered?

The Hon. S.C. MULLIGHAN: I think the short answer is yes. In my earlier comments, I think the member for Schubert made a good point, and the point he was getting at is: how can we be comfortable that the insurance policy that they may have, that they advised the government of, is, for want of a better term or terms, operable and enforceable in Australia? I would anticipate that, amongst the other details of the trial, that will be a critical element for us to make sure that the level of insurance that we require for them to be able to undertake the trial is not just at a level which satisfies us but, importantly, that the policy is both operable and, in particular, enforceable in our state.

Clause passed.

Clause 5.

Mr WINGARD: I have a question on new section 134B(2), where it talks about vehicles. I just want clarification again. I know this was asked by me and the member for Schubert during our speeches, and you have touched on this, but I am again seeking clarification. We have talked about whether or not we can have autonomous buses, trams, trains or the like, and I think you indicated we could, so I just want to know, again for the record: have you ruled any vehicles out and/or, given the fact that we are looking deep into the future and who knows what vehicles we are going to have and what they will be called, how is that covered? Can we have autonomous buses and trucks, etc.?

The Hon. S.C. MULLIGHAN: The advice that has been provided to me is that we can countenance any vehicle which is defined by and provided for by the Motor Vehicles Act. I will just see if this bill gives me the ability to provide an exemption from those definitions within the Motor Vehicles Act to cast the net wider.

I am advised that the class of vehicles which we would be excluding are trains because they are not provided for by the Motor Vehicles Act, so the guidance will be provided by what is in the Motor Vehicles Act. What I might do is come back, perhaps between houses, and provide you with some advice about whether I have flexibility to provide for other vehicles which may not be countenanced by the Motor Vehicles Act through some sort of exemptive capacity through this legislation.

Mr WINGARD: I am looking at 134H, which reads:

(a) a policy of public liability insurance indemnifying the owner and any authorised driver or operator of the vehicle in an amount not less than the amount specified by the Minister in relation to the trial…

Again, that refers back to the answer I think you gave earlier that you will be publishing that on the website, as you pointed out.

The Hon. S.C. MULLIGHAN: I am advised that the legislation does not specifically require us to publish the insurance details; however, I undertake to the house that we will be publishing those details in association with the notice that we publish on the website.

Mr WINGARD: Fantastic, thank you. I will move on to 134I—Offence to hinder authorised trial or interfere with equipment:

(1) A person who, without reasonable excuse—

(a) hinders or obstructs the undertaking of an authorised trial; or

(b) interferes with any equipment or device relating to an authorised trial…

Maximum penalty: $10 000.

Given the scope and the possibility for terrorism in this day and age—not that we want to talk about it, but it is something we must cover off—are you happy and comfortable that that figure is a big enough deterrent to cover those sorts of concerns and where this could potentially go to, given the access that someone could have if they can tap into this sort of operation?

The Hon. S.C. MULLIGHAN: I am advised that there are other offences under other pieces of legislation which could quite possibly apply in the scenario which you allude to; in particular, cybercrime offences under the Criminal Law Consolidation Act. I assume that there are other national pieces of legislation which would also be of relevance.

Clause passed.

Title passed.

Bill reported without amendment.

Third Reading

The Hon. S.C. MULLIGHAN (Lee—Minister for Transport and Infrastructure, Minister Assisting the Minister for Planning, Minister Assisting the Minister for Housing and Urban Development) (17:29): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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