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House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
2021-09-08 Daily Xml
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Bills

Driver Training and Assessment Industry Bill

Introduction and First Reading

The Hon. C.L. WINGARD (Gibson—Minister for Infrastructure and Transport, Minister for Recreation, Sport and Racing) (16:00): Obtained leave and introduced a bill for an act to provide for the accreditation of driver trainer-examiners, to make related amendments to the Motor Vehicles Act 1959, and for other purposes. Read a first time.

Second Reading

The Hon. C.L. WINGARD (Gibson—Minister for Infrastructure and Transport, Minister for Recreation, Sport and Racing) (16:00): I move:

That this bill be now read a second time.

The Driver Training and Assessment Industry Bill 2021 provides the framework for more effective regulation of the driver training industry. It will enable high industry standards and enjoy the accurate and consistent driver training and assessment of novice drivers before obtaining a driver's licence. It contains a suite of reforms, including authorised officer powers, which will strengthen the regulation of the driver training and assessment industry. The bill also makes a number of consequential amendments to the Motor Vehicles Act 1959.

At the heart of it, the objectives of this bill are to strengthen regulations to improve transparency and accountability of the driver training and assessment industry and address the poor behaviour, corruption and misconduct within the industry. Unfortunately, in recent years we have seen numerous reports, some played out in court and subsequently via the media, about some quite reprehensible behaviour in this industry, particularly with respect to minors.

Aside from measures aimed at protecting students during training and assessment, particularly teenagers, this bill also aims to improve the overall standards within the industry. We know that young adults, those aged 16 to 24, are over-represented in the lives lost on our roads each year and improving the standards in the driver training industry could go some way to better preparing our young people for life on the road.

I commend the bill to the house and seek leave to have the remainder of the second reading explanation and the explanation of clauses inserted into Hansard without my reading them.

Leave granted.

In South Australia, Motor Driving Instructors (MDIs) and Authorised Examiners (AEs) provide driver training and driver assessment, with oversight provided by the Registrar of Motor Vehicles (the Registrar). MDIs are licensed by the Registrar under the Motor Vehicles Act, enabling them to provide driver training for fee or reward. Authorised Examiners are MDIs who have been appointed by the Registrar to conduct practical driving tests, the result of which the Registrar will accept for the issue of a driver's licence. There are currently approximately 300 MDIs and 300 AEs in South Australia. Most AEs operate as sole traders or as contractors to driving schools and Registered Training Organisations (in the case of heavy vehicles).

In South Australia, the Graduated Licensing Scheme (GLS) supports novice drivers to gain appropriate experience at an appropriate age, as they progress through the stages of holding a learner's permit, followed by a provisional licence and finally graduate to a full (unrestricted) licence. The training and assessment process ensures that novice drivers demonstrate their competency to drive a vehicle and their understanding of the road rules. In this way, the role played by the driver training and assessment industry is a significant contributor to the effectiveness of the driver licensing system in South Australia in helping keep our roads safe.

I also highlight that research shows that young people continue to be over-represented in road trauma statistics. Over the five year period from 2016 to 2020, on average 19 people aged 16 to 24 lost their lives on our roads every year and 133 were seriously injured. This Bill represents the most extensive reform to the regulation of the driver training and assessment industry since the early 1990s. It creates an intentionally agile regulatory framework that will be able to adapt in response to changes to the composition and culture of the industry over time and to the introduction of new technologies.

This Bill was prompted by a growing body of evidence about the inappropriate behaviour of some individual industry members leading to their arrest, prosecution and conviction. This behaviour places young people at risk of inappropriate behaviour, including unnecessary touching, inappropriate conversations and sexual assault. Corruption and poor standards also create a risk of people who have not been properly trained to drive being issued with a car or heavy vehicle driver's licence when they are not able to safely drive on our roads – placing the driver and other road users at risk.

A comprehensive community and industry consultation and engagement process has been conducted over the past three years. In total three formal consultation stages have occurred, two with the industry and one with the community. This extensive consultation identified what changes are required within the industry and helped shape the development of a suite of reforms that will be enabled by this Bill. The draft of the Bill was then shared with key bodies.

This reform presents a significant change to industry. The consultation indicated broad support for reform and a desire to address poor conduct. Some industry members expressed a concern about the impact of the reforms on them as an individual – such concern is to be expected when implementing significant reform. However the regulatory controls proposed will effectively bring the industry up to a level of control provided for in other occupational licensing schemes, which have been effective in regulating the standard of other professions. The suite of reforms is proposed to produce a significant improvement in industry standards by addressing the majority of the corruption, malpractice, inappropriate behaviour and poor performance within the industry.

The Bill proposes that all driver training and assessment would continue to be undertaken by the private sector with greater regulation and oversight by the Registrar through implementation of the suite of reforms.

The Bill sets up a regulatory framework which will be supported by other instruments, including Regulations and a Code of Practice which will be gazetted. The underpinning Regulations and the Code of Practice, which will apply to the entire industry, will contain much of the operational detail of the scheme. These subordinate instruments will be drafted upon successful passage of this Bill through this House and the other place, and I understand that industry are keen to provide input into both these instruments.

I now take this opportunity to outline to Members a summary of the key proposals within the Bill. The Bill contains authority for the Registrar to implement the following reforms:

Requiring higher standards to enter the industry and to remain in the industry. It is anticipated that this would involve new requirements such as a mandatory working with children check, higher medical fitness requirements and an enhanced driving assessment requirement.

Merging the two current accreditations, MDI and AE into a single Driver Trainer Examiner accreditation that enables the person to both train and assess novice drivers.

Provides for the Registrar to set standards for the use and installation of cameras and GPS in all driver training and assessment vehicles to record all driver training and all practical driving tests conducted by Trainer Examiners.

Creation of an online register of all industry members to enable the community to make an informed decision as to the best provider for their needs.

Creation of a Code of Practice to outline the day to day expectations of the Registrar.

A range of options for the Registrar to sanction industry members who do the wrong thing such as the suspension or cancellation of a Trainer Examiner accreditation and the creation of expiable offences.

The ability to impose mandatory driver training and assessment vehicle requirements and an age limit for light vehicles.

Mandating the training material that must be used for training novice drivers. Introducing mandatory training material for each licence class will help track the progress of each novice driver, should they change professional driver trainers, and also ensure that the Registrar can keep Trainer Examiners accountable.

I now take this opportunity to briefly summarise the structure and content of the legislation:

Part 1 contains the preliminary provisions, including the objects of the Bill in addition to a definition of a fit and proper person relevant to the driver training and assessment industry.

Part 2 contains the accreditation requirements for Trainer Examiners. It expands upon the current regulatory structure around MDIs and AEs and provides a more comprehensive regulatory framework that can be flexible in its future requirements as the industry continues to develop and evolve. A new offence provision has been created which makes it an offence to act for fee or reward as a driver trainer-examiner without holding an accreditation. This offence attracts a maximum penalty of $20,000. This Part includes an express authority for the Registrar to audit the industry in order to ensure compliance. It also provides authority for the new mandatory Code of Practice for all Trainer Examiners; authority to create and publish standards in the Government Gazette that will outline the technical requirements of the camera management scheme and finally provides authority for the online register of Trainer Examiners. I also specifically draw Members' attention to clause 16(10) which provides the House with visibility of the camera standards and an ability to disallow the standards, should there be any concern as to the technical requirements or specifications required by the Registrar.

In addition, Division 5 outlines the disciplinary action available to the Registrar and includes a new power in clause 21(7) for the Registrar to immediately suspend an accreditation if the Registrar considers that it is necessary to do so in the public interest. This enables the Registrar to intervene to protect the community.

Part 3 outlines a two stage review process for Trainer Examiners who may be aggrieved by decisions made by the Registrar. These mirror the existing provisions set out under the Motor Vehicles Act.

Part 4 of the Bill contains a suite of Authorised Officer powers which are commonly found in other legislation. These powers enable the provisions within the Bill to be enforced and include such powers as requiring a person to provide data from cameras and GPS tracking devices; or requiring by written notice that a person attend at a time and place specified to answer questions; requiring a vehicle to be examined, tested or weighed; or an ability for an Authorised Officer to take photos, films or audio video recordings. The Bill also contains an offence to hinder Authorised Officers which attracts a maximum penalty of $20,000.

Part 5 of the Bill provides for the requisite machinery provisions necessary when establishing a regulatory framework such as: delegation and evidentiary provisions, service of documents and regulation making authority.

Schedule 1 contains various consequential amendments to the Motor Vehicles Act to improve the effective operation and administration of the legislation. It also provides a suite of Authorised Officer powers in the Motor Vehicles Act to enable the Registrar to effectively regulate and administer all matters under that Act.

The Schedule also contains the transitional provisions for current driver training and assessment industry members to transition to the new scheme. These provisions allow for each existing industry member to receive 'deemed accreditation' which will be subject to the same terms and conditions as their current MDI licence or AE appointment. Each industry member will then need to apply to remain in the new scheme and must demonstrate their competency to meet the higher entry standards, which will include a practical Regulator Assessment in which their own driving standard and their competency standards in teaching and assessing others will be assessed. During the transition period industry members can continue to operate in the industry under their deemed accreditation until the end of the transition period. If, at this point, a deemed accreditation holder has been unable to meet the higher standards then they will need to exit the industry.

In summary, this Bill will deliver a strengthened Trainer Examiner accreditation scheme and conveys a clear message to current members of the driver training assessment industry that poor behaviour and misconduct has no place in this industry. It is a Bill which will give South Australia a modern and usable piece of legislation which will deliver a transition to a more skilled and competent driver training and assessment industry, the corollary of which is more skilled and competent novice drivers. I commend this Bill to the House and I seek leave to insert the explanation of clauses in Hansard without my reading it.

EXPLANATION OF CLAUSES

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

3—Objects of Act

This clause sets out the objects of the measure.

4—Interpretation

This clause defines terms used in the measure.

For the purposes of the measure a person acts as a driver trainer-examiner if the person—

(a) teaches another person to drive a motor vehicle; or

(b) conducts a practical driving test or any other test, assessment or examination to enable another person to—

(i) obtain a driver's licence; or

(ii) have the person's driver's licence assigned a particular classification for the purposes of the Motor Vehicles Act 1959.

5—Fit and proper person

This clause sets out detailed criteria for determining whether a person is a fit and proper person to hold driver trainer-examiner accreditation.

Part 2—Accreditation of driver trainer-examiners

Division 1—Requirement to hold accreditation

6—Requirement to hold accreditation

This clause makes it an offence for a person to act as a driver trainer-examiner for fee or reward unless the person holds driver trainer-examiner accreditation. The proposed maximum penalty is $20,000.

The offence does not apply to—

(a) a person who teaches another to drive a motor vehicle if both the teacher and the learner are employed by the same employer and are acting in the ordinary course of their employment; or

(b) a person, or class of persons, specified by the Registrar by notice in the Gazette.

The clause also makes it an offence for a person who does not hold driver trainer-examiner accreditation to—

(a) hold themself out as, or pretend to be, the holder driver trainer-examiner accreditation; or

(b) use any name, title or description likely to cause any person reasonably to believe that the person holds driver trainer-examiner accreditation; or

(c) use a prescribed word, or its derivatives, to describe themself or a service that the person provides.

The proposed maximum penalty is $20,000.

Division 2—Application for grant or renewal of accreditation

7—Application for accreditation

This clause sets out the process for applying for the issue or renewal of a driver trainer-examiner accreditation.

8—Grant or renewal of accreditation

This clause empowers the Registrar of Motor Vehicles to grant or renew a driver trainer-examiner accreditation.

The Registrar must not grant or renew a driver trainer-examiner accreditation unless satisfied that the person is a fit and proper person to hold such accreditation, is medically fit to act as a driver trainer-examiner, holds an unconditional licence, holds a qualification determined by the Registrar, has satisfactorily completed a course of training recognised by the Registrar and conducted by an approved provider, and the person complies with any requirements prescribed by the regulations.

The clause also sets out the matters to which the Registrar must have regard before granting or renewing accreditation. The Registrar may require the applicant to provide medical evidence or undergo a medical assessment to prove they are medically fit, and may require an applicant to complete a course or qualification or otherwise prove that they have the relevant skills and qualifications required to carry on the activities authorised by accreditation.

The Registrar may refuse to grant or renew accreditation if the Registrar determines that it would not be in the public interest to grant or renew accreditation.

Division 3—General provisions

9—Authority conferred by accreditation

This clause provides that an accreditation authorises the person named in the accreditation to act as a driver trainer-examiner for fee or reward subject to, and in accordance with, the terms and conditions of the accreditation.

10—Class of accreditation

This clause allows the Registrar to assign a class to each accreditation in accordance with a scheme for the classification of accreditations determined by the Registrar.

11—Term of accreditation

This clause provides that driver trainer-examiner accreditation remains in force for the period specified in the accreditation on its grant or renewal and takes effect on the date specified in the accreditation.

12—Conditions of accreditation

This clause empowers the Registrar to impose conditions on accreditations and makes it an offence for an accreditation holder to contravene a condition of their accreditation. The proposed maximum penalty is $15,000 and the proposed expiation fee is $1,200.

13—Audits

This clause empowers the Registrar to authorise a person to audit the activities of an accreditation holder.

The Registrar may require an accreditation holder to provide evidence of compliance with the conditions of their accreditation.

If an auditor identifies any contravention or failure on the part of the accreditation holder, in undertaking activities authorised by the accreditation, to comply with any requirements under this measure or any conditions of their accreditation in a significant respect or to a significant degree, the auditor must report that contravention or failure to the Registrar.

If an auditor is not satisfied that a person has passed a practical driving test or any other test, assessment or examination conducted by an accreditation holder, the auditor must advise the Registrar accordingly.

If the Registrar receives such advice or report, the Registrar may—

(a) make recommendations to the accreditation holder; or

(b) give directions to the accreditation holder to rectify any matter, or to take any other action (including, for example, acting under clause 12(3); or

(c) take disciplinary action against the accreditation holder.

If the Registrar makes a recommendation but the accreditation does not take appropriate action, the Registrar may give directions to the accreditation holder (and it is a condition of accreditation that the holder must not contravene such a direction).

14—Issue of duplicate accreditation

This clause empowers the Registrar to issue a duplicate accreditation if the original accreditation is lost, stolen or destroyed.

15—Medical assessment of accreditation holder

This clause empowers the Registrar to require an accreditation holder to provide medical evidence or undergo a medical or health assessment to determine whether the holder is medically fit to hold accreditation. The Registrar may cancel or suspend an accreditation if satisfied that the holder is not medically fit.

16—Standards for the use, installation and maintenance of devices and other equipment

This clause empowers the Registrar to publish standards (Registrar standards) setting out requirements to be observed by accreditation holders relating to—

(a) the installation and use of 1 or more designated devices in a motor vehicle used by an accreditation holder in the provision of services under the accreditation; and

(b) the downloading, uploading and storage of information and material on, from or in connection with designated devices, including in relation to the use of specified software or device-based or internet enabled applications; and

(c) the provision of information or material (including audio or visual information or material) to the Registrar; and

(d) the design, service, maintenance and testing of designated devices and any associated equipment or software; and

(e) any other matter related to designated devices and any associated equipment or software.

The term designated device is defined to mean a camera, GPS tracking device or any other device, equipment or vehicle fitting determined (from time to time) by the Registrar by notice in the Gazette.

The clause provides that information or material (including audio or visual recordings) derived from the use of a designated device and provided to the Registrar in accordance with this measure is the property of the Crown and may be may be used in evidence in civil or criminal proceedings against any person (including the person who provided the information or material).

The clause makes it an offence to fail to comply with Registrar's standards.

The standards must be published in the Gazette and section 10 (other than subsection (1)) and 10A of the Subordinate Legislation Act 1978 will apply to such a notice.

17—Requirement to produce accreditation

This clause requires an accreditation holder to produce their accreditation immediately if requested to do so by a police officer or authorised officer and to display the accreditation at all times when seated next to a learner driver in a vehicle being driven by the learner driver. The proposed maximum penalty is $5,000 and the proposed expiation fee is $500.

18—Surrender of accreditation

This clause allows an accreditation holder to surrender their accreditation to the Registrar.

19—Requirement to return accreditation on request

This clause requires an accreditation holder to return their accreditation if requested to do so by the Registrar, a court or a tribunal within the period stated by the Registrar, court or tribunal so that the accreditation can be replaced, or altered to record disciplinary actions, and makes it an offence to fail to do so. The proposed maximum penalty is $2,500 and the proposed expiation fee is $210.

Division 4—Code of practice

20—Code of practice for accreditation holders

This clause empowers the Registrar to publish a code of practice to be observed by accreditation holders.

A code of practice must be published in the Gazette.

It is a condition of every accreditation that an accreditation holder must not contravene a code of practice.

Division 5—Disciplinary action

21—Registrar may take disciplinary action

This clause empowers the Registrar to suspend or cancel an accreditation, or to vary or revoke the conditions of an accreditation. If the Registrar cancels a person's accreditation, the Registrar may also disqualify the person from obtaining accreditation.

The clause establishes what constitutes proper cause for the Registrar to take disciplinary action against an accreditation holder.

The clause provides that if the Registrar suspends or cancels an accreditation and requests the accreditation holder to return the accreditation to the Registrar, the accreditation holder must do so within 14 days of the request. The proposed maximum penalty for failing to do so is $2,500 and the proposed expiation fee is $210.

No civil liability attaches to the Registrar or the Crown in respect of the exercise of a power in good faith under this clause.

Division 6—Register of accreditations

22—Register

This clause requires the Registrar to keep a register of driver trainer-examiner accreditations. The register must include the name and contact details of the accreditation holder, any conditions of the accreditation, disciplinary actions taken under against the accreditation holder and any prescribed information. The register may also include any other information the Registrar thinks fit.

The Registrar may alter information in the register to ensure accuracy.

Part 3—Review

Division 1—Review

23—Internal Review by Registrar

This clause empowers a person aggrieved by a decision of the Registrar to apply to the Registrar for a review of the decision.

24—Review by Tribunal

This clause allows a person who is dissatisfied by the result of an internal review to seek a review of the decision by the Tribunal.

Part 4—Enforcement

Division 1—Appointment of authorised officers

25—Appointment of authorised officers

This clause establishes who is an authorised officer for the purposes of the measure and sets out the method of appointing authorised officers.

26—Proof of identity

This clause requires that authorised officers, other than police officers, be issued with proof of identity in a form approved by the Minister.

Authorised officers are required to comply with requests to identify themselves immediately or as soon as it is practicable to do so.

This clause requires authorised officers appointed under the measure who for any reason cease to be authorised officers to immediately return their proof of identity to the Minister.

Division 2—Powers of authorised officers

27—General powers of authorised officers

This clause sets out the general powers of authorised officers.

28—Provisions relating to warrants

This clause empowers magistrates to issue warrants on application by authorised officers.

Applications for warrants may be made in person or over telephone, and must be done in accordance with any requirements established by the regulations.

Warrants expire 1 month from the date of issue if not executed.

29—Provisions relating to seizure

This clause outlines requirements and procedures in relation to the use of seizure orders. A seizure order must be presented to the owner or controller of the thing to which the order relates and may be varied or revoked by further notice.

The clause makes it an offence to remove or interfere with the thing to which a seizure order relates without the approval of the Minister prior to either an order being made in respect of the thing, or the seizure order has been discharged. The proposed maximum penalty is $10,000.

30—Offences to hinder etc authorised officers

This clause establishes offences in relation to authorised officers. The proposed maximum penalty is $20,000.

31—Self-incrimination

This clause establishes that a person is required to answer a question, or to provide a copy of a document or information even if to do so would incriminate them or make them liable to a penalty, however such answers, documents or information will not be admissible against the person except in proceedings regarding making a false or misleading statement, or as otherwise provided by the measure.

Part 5—Miscellaneous

32—Learner driver to produce identification

This clause requires learner drivers to produce identification to an auditor or authorised officer should the auditor or authorised officer request it, and makes it an offence to fail to do so. The proposed maximum penalty is $1,250 and the proposed expiation fee is $110.

33—Delegation

This clause allows the Minister or Registrar to delegate powers under the measure, and sets out the requirements should they do so.

The clause establishes that further subdelegation is permitted so long as it is contemplated in the instrument of delegation.

34—False or misleading statements

This clause makes it an offence to make a false or misleading statement. The proposed maximum penalty is $10 000 if the person made the statement knowing it was false or misleading, and $5,000 in any other case.

35—Statutory declaration

This clause allows the Registrar to impose the requirement that information provided be verified by statutory declaration.

36—Commissioner of Police to give certain information to Registrar

This clause requires the Commissioner of Police to give to the Registrar, upon request from the Registrar, any information that is relevant to whether a particular person is a fit and proper person to hold an accreditation under the measure, or to have powers or functions of the Registrar delegated to them. The Police Commissioner may also provide this information at any other time.

37—Confidentiality

This clause requires persons who obtain information in the course of the administration or enforcement of the measure not to divulge any such information except in certain circumstances, and makes it an offence to do so. The maximum proposed penalty is $10,000.

A person involved in enforcing or administering the measure may provide information about disciplinary action taken by the Registrar to an agency or instrumentality of the State or another Australian jurisdiction for the purposes of the performance of its functions.

Any information disclosed under this clause must not be used for any other purpose by the person to whom it is disclosed, or by any other person who gains access to the information as a result of the disclosure, and it is an offence to do so. The maximum proposed penalty is $10,000.

38—Service of documents

This clause outlines how the Registrar may serve documents on people.

39—Commencement of proceedings

This clause establishes the time limits for the commencement of proceedings in respect of offences committed against the measure.

40—Evidence

This clause inserts an evidentiary provision so that where a document purporting to be a certificate signed by the Registrar saying that—

(a) a specified person was or was not the holder of a driver trainer-examiner accreditation on a specified day; or

(b) a specified person was or was not the holder of a driver trainer-examiner accreditation of a specified class or subject to specified conditions on a specified day; or

(c) a specified person was an authorised officer; or

(d) a specified person had specified powers under this Act; or

(e) a specified device or item of equipment (such as a camera or GPS tracking device) was or was not in use in a specified motor vehicle at a specified time,

is proof of the matter so stated in the absence of evidence to the contrary.

The clause inserts an evidentiary provision so that a document purporting to be an extract from, or copy of, an entry contained in a register kept by the Registrar, and purporting to be certified as such an extract or copy by the Registrar is, in the absence of proof to the contrary, proof of the matters stated without the production of any register, licence, notice or other document upon which any entry may be founded.

41—Regulations and fee notices

This clause provides power to make regulations and to prescribe fees by fee notice.

Schedule 1—Related amendments and transitional provisions Part 1—Preliminary

1—Amendment provisions

This clause is formal

Part 2—Amendment of Motor Vehicles Act 1959

2—Amendment of section 5—Interpretation

This clause amends section 5 of the principal Act to expand on the definition of authorised examiner and to insert a definition of authorised officer.

3—Amendment of section 72A—Qualified supervising drivers

This clause deletes section 72A(1)(c) of the principal Act.

4—Amendment of section 75A—Learner's Permit

This clause makes a minor, technical amendment to section 75A of the principal Act.

5—Repeal of section 98AA

This clause repeals section 98AA of the principal Act.

6—Amendment of section 98Z—Review by Registrar

This clause makes a consequential amendment to section 98Z of the principal Act.

7—Repeal of Part 3A

This clause repeals Part 3A of the principal Act.

8—Insertion of Part 4AB

This clause inserts new Part 4AB into the Motor Vehicles Act 1959

Part 4AB—Enforcement

Division 1—Appointment of authorised officers

134MA—Appointment of authorised officers

This clause allows the Minister to appoint a person or a class of persons as authorised officers. The appointment may be subject to conditions or limitations as are specified in the appointment. The Minister may vary or revoke an appointment or the conditions or limitations of an appointment at any time.

134MB—Proof of identity

This clause requires authorised officers to be issued with proof of identity in a form approved by the Minister. An authorised officer must, on request by a person in relation to whom the officer intends to exercise their powers, produce their proof of identity so that it may be inspected.

Division 2—Powers of authorised officers

134MC—General powers of authorised officers

This clause sets out the general powers of authorised officers.

134MD—Provisions relating to warrants

This clause enables a magistrate to issue a warrant on application by an authorised officer.

134ME—Provisions relating to seizure

This clause outlines requirements and procedures in relation to the use of seizure orders. A seizure order must be presented to the owner or controller of the thing to which the order relates and may be varied or revoked by further notice in the prescribed form.

The clause makes it an offence to remove or interfere with the thing to which a seizure order relates without the approval of the Minister. The proposed maximum penalty is $10,000.

134MF—Offences against authorised officers

This clause establishes offences in relation to authorised officers. The proposed maximum penalty is $20,000

134MG—Self-incrimination

This clause establishes that a person is required to answer a question, or to provide a copy of a document or information even if to do so would incriminate them or make them liable to a penalty, however such answers, documents or information will not be admissible against the person except in proceedings regarding making a false or misleading statement, or as otherwise provided by the measure.

134MH—Interaction of this Division with Part 2 Division 5 of Road Traffic Act

This clause establishes that this Division operates in addition to, and do not derogate from Part 2 Division 5 of the Road Traffic Act 1961.

Part 3—Transitional provisions

9—Interpretation

This clause defines terms used in the Part relating to the proposed transitional arrangements to support the measure.

10—Applications for motor driving instructor licences under Motor Vehicles Act 1959

This clause establishes that an application for the issue of a motor driving instructor's licence under section 98A of the Motor Vehicles Act 1959 cannot be made on or after the relevant day

This does not apply in relation to an application made by the holder of a motor driving instructor's licence for the issue of a further instructor's licence to the holder to take effect on the expiration of an earlier instructor's licence.

11—Current motor driving instructor licence holders

This clause sets out the transitional arrangements applying to a person who holds a motor driving instructor's licence in force under section 98A of the Motor Vehicles Act 1959 immediately before the designated day and to a person who also holds an appointment as an authorised examiner under paragraph (b) of the definition of authorised examiner in section 5 of the Motor Vehicles Act 1959.

12—Crown not liable to pay compensation

This clause provides that the Crown is not liable to pay compensation in respect of the transitional provisions.

Debate adjourned on motion of Mr Odenwalder.

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