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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-03-23 Daily Xml
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STATUTES AMENDMENT (TRANSPORT PORTFOLIO—PENALTIES) BILL

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. B.V. FINNIGAN (Minister for Industrial Relations, Minister for State/Local Government Relations, Minister for Gambling) (18:16): 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 purpose of this Bill is to increase the maximum penalties that can be imposed for a number of offences in the Road Traffic Act 1961, Motor Vehicles Act 1959 and Harbors and Navigation Act 1993 and the maximum level at which the Governor may set expiation fees for offences in the Acts and regulations in order to restore the deterrent effect of monetary penalties.

This Bill is further evidence of this Governments commitment to reducing death and injuries on our roads.

The Road Traffic Act, Motor Vehicles Act and Harbors and Navigation Act all contain penalties for offences and set out the level of expiation fees that might be imposed.

With the passage of time and inflation, the levels of many of the monetary penalties have lost their deterrent value and reduced the impact of the penalty on the offender. This creates complacency towards compliance with the road laws which ultimately adds to unacceptable and at times, dangerous behaviour on our roads.

Many offences under the Road Traffic Act and the Motor Vehicles Act may be satisfied by the payment of an expiation fee which represents a proportion of the fine laid down in the Acts or their regulations. In order to vary the fines set out in the Acts it is necessary that Parliament amend the Acts.

The expiation fee system is intended to provide alleged offenders with an option to accept responsibility for an offence without admitting guilt and to avoid the time and cost of having the matter dealt with before a court. It also reduces the time the courts spend dealing with minor matters and frees them to deal with more important cases. The alleged offender retains the right to elect to be prosecuted for an offence in order to have the matter determined by a court.

It has long been the practice of successive governments to increase expiation fees on an annual basis to ensure they keep pace with the cost of living. These fees increase while the fines remain static. Ultimately, the difference between the fine and the expiation fee is reduced to a level that makes having a matter determined before a court a viable option in anticipation that the court will impose a lower penalty than the expiation fee.

The present level of fines within Road Traffic Act and Motor Vehicles Act therefore no longer act as a deterrent and the diminishing difference between the fines and expiation fees encourages people to have relatively minor matters dealt with by the courts.

The election for prosecution leads to more people appearing before the courts and results in an increase in costs for the Courts Administration Authority, police, councils and other prosecuting authorities. It will also lead to extensive delays in matters being dealt with by the courts as the lists are increased to deal with the additional relatively minor matters.

Drink and drug driving continues to be a major concern to all involved with road safety. Despite on-going education campaigns and increasing enforcement, there are many drivers who do not heed the message and continue to put lives at risk. However, it is felt that the present penalty levels do not adequately represent the seriousness of these offences.

The present drink/drive penalties were set in 1991 and have not been adjusted since that time. The maximum penalty for driving with a lower range prescribed concentration of alcohol, which is an offence involving less than 0.08% blood alcohol concentration, is only $700.

The maximum fine for drink/driving offences is $2,500 and applies to a third or subsequent offence with a concentration of alcohol in excess of 0.15%. Current penalties for these offences are not seen as an effective deterrent, particularly with regard to the lower range penalty. Increasing the penalty for the lower range offence will necessitate a corresponding increase to the penalties for other drink/drive offences.

Drink and drug driving offence penalties in the Harbors and Navigation Act correspond with those for the same offences under the Road Traffic Act. Consequential amendments are required to this Act to keep the penalties aligned in both Acts.

The opportunity is also being taken to increase lower level penalties in the Motor Vehicles Act, which have not been increased for some time, from $125 and $250 to $250 and $750 respectively. This change will restore parity with penalties for other offences which have been increased and will provide a greater deterrent than the low levels currently provide.

Both the Road Traffic Act and the Motor Vehicles Act contain provisions which enable the Governor to set penalties under the regulations to a maximum of $2,500. The Bill amends these provisions to enable the Governor to increase penalties for offences in the regulations to a maximum of $5,000 to ensure, where necessary, consistency with those under the Act. It also increases the maximum level to which he may increase expiation fees from $750 to $1,250.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Harbors and Navigation Act 1993

4—Amendment of section 70—Alcohol and other drugs

This clause increases the monetary penalties for alcohol and drug offences in section 70 by $400 each.

5—Amendment of section 71—Authorised person may require alcotest or breath analysis

This clause increases the monetary penalties in section 71 by $400 each.

6—Amendment of section 72—Authorised person may require drug screening test, oral fluid analysis and blood test

This clause increases the monetary penalties in section 72 by $400 each.

7—Amendment of section 74—Compulsory blood tests of injured persons including water skiers

This clause increases the monetary penalties relating to compulsory blood tests in section 74(18) by $400.

Part 3—Amendment of Motor Vehicles Act 1959

8—Amendment of section 12—Exemption for certain trailers, agricultural implements and agricultural machines

This clause increases a $250 penalty to $750.

9—Amendment of section 12B—Exemption of certain vehicles from requirements of registration and insurance

This clause increases a $250 penalty to $750.

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

This clause increases a $125 penalty (relating to carrying a permit) and a $250 penalty (relating to contravening a permit) to $750 each.

11—Amendment of section 43A—Temporary configuration certificate for heavy vehicle

This clause increases a $125 penalty to $250.

12—Amendment of section 48—Certificate of registration and registration label

This clause increases a $125 penalty in section 48(1b) to $250 and the other penalties in the section to $750.

13—Amendment of section 52—Return or destruction of registration labels

This clause increases a $250 penalty to $750.

14—Amendment of section 53—Offences in connection with registration labels and permits

This clause increases two $250 penalties to $750 each.

15—Amendment of section 70—Return of trade plates and refunds

This clause increases a $250 penalty to $750.

16—Amendment of section 71—Transfer of trade plates

This clause increases a $250 penalty to $750.

17—Amendment of section 71B—Replacement of plates, certificates or labels

This clause increases a $250 penalty to $750.

18—Amendment of section 81B—Consequences of holder of learner's permit, provisional licence or probationary licence contravening conditions etc

This clause increases a $125 penalty (for failing to comply with a requirement of the Registrar) to $750.

19—Amendment of section 96—Duty to produce licence or permit

This clause increases a $250 penalty to $750.

20—Amendment of section 98A—Instructors' licences

This clause increases a $250 penalty to $750.

21—Amendment of section 98V—Cancellation of permit

This clause increases a $250 penalty to $750.

22—Amendment of section 99A—Insurance premium to be paid on applications for registration

This clause increases a $250 penalty to $750.

23—Amendment of section 110—Liability of insurer to pay for emergency treatment

This clause increases a $125 penalty to $250.

24—Amendment of section 124—Duty to cooperate with insurer

This clause increases three $250 penalties to $750 each.

25—Amendment of section 137—Duty to answer certain questions

This clause increases a $250 penalty to $750.

26—Amendment of section 137A—Obligation to provide evidence of design etc of motor vehicle

This clause increases a $250 penalty to $750.

27—Amendment of section 138—Obligation to provide information

This clause increases a $250 penalty to $750.

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

This clause increases a $250 penalty to $750.

29—Amendment of section 145—Regulations

This clause increases the maximum penalties and expiation fees that may be imposed by the regulations.

Part 4—Amendment of Road Traffic Act 1961

30—Amendment of section 45A—Excessive speed

This clause increases each penalty for excessive speed offences by $500.

31—Amendment of section 47—Driving under the influence

This clause increases each penalty for DUI offences by $400 (unless the relevant vehicle was not a motor vehicle, which increases by $200).

32—Amendment of section 47B—Driving while having prescribed concentration of alcohol in blood

This clause increases each penalty for driving while having the prescribed concentration of alcohol in blood offences by $400.

33—Amendment of section 47BA—Driving with prescribed drug in oral fluid or blood

This clause increases each penalty for driving while having a prescribed drug in oral fluid or blood offences by $400.

34—Amendment of section 47E—Police may require alcotest or breath analysis

This clause increases each penalty for refusing to submit to an alcotest or breath analysis by $400.

35—Amendment of section 47EAA—Police may require drug screening test, oral fluid analysis and blood test

This clause increases each penalty for refusing to submit to a drug screening test, oral fluid analysis or blood test by $400.

36—Amendment of section 47I—Compulsory blood tests

This clause increases each penalty for refusing to submit to the taking of a blood sample by $400 (other than where the person was not a driver of a motor vehicle, which increases by $200).

37—Amendment of section 47IA—Certain offenders to attend lectures

This clause increases the penalty for failing to comply with an order of the court by $150.

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

This clause increases maximum penalties for owner offences as follows:

(a) if the vehicle appears to have been involved in a red light offence and a speeding offence arising out of the same incident and the owner is a body corporate—an increase of $1,000;

(b) if the vehicle appears to have been involved in a red light offence and a speeding offence arising out of the same incident and the owner is a natural person—an increase of $1,500;

(c) in any other case where the owner is a body corporate—an increase of $2,000;

(d) in any other case where the owner is a natural person—an increase of $1,750.

39—Amendment of section 110AA—Fatigue

This clause increases the maximum expiation fee that may be imposed for certain offences under the regulations to $1250.

40—Amendment of section 110AB—Speed

This clause increases the maximum expiation fee that may be imposed for certain offences under the regulations to $1250.

41—Amendment of section 110AC—Intelligent Access Program

This clause increases the maximum expiation fee that may be imposed for certain offences under the regulations to $1250.

42—Amendment of section 176—Regulations and rules

This clause increases the penalty that may be imposed for an offence against the regulations to $5,000. It also increases the maximum expiation fees that may be imposed under the regulations to $1,250.

Debate adjourned on motion of Hon. D.W. Ridgway.

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