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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-02-16 Daily Xml
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Statutes Amendment (Transport Portfolio) Bill

Second Reading

The Hon. R.I. LUCAS (Treasurer) (16:42): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and the detailed explanation of clauses inserted in Hansard without my reading them.

Leave granted.

The Government introduces the Statutes Amendment (Transport Portfolio) Bill 2020 with the aim of making a number of changes to South Australian transport, and associated, legislation so that the laws work more effectively and efficiently for our community, with a particular focus on road safety.

The Bill makes a number of changes to the Road Traffic Act 1961 and to the Motor Vehicles Act 1959, with consequential changes to the Harbors and Navigation Act 1993, the Rail Safety National Law (South Australia) Act 2012, the Criminal Procedure Act 1921, the Expiation of Offences Act 1996, and the Fines Enforcement and Debt Recovery Act 2017.

I now take this opportunity to outline to Members each of the proposals in the Bill, and how they will significantly benefit our community.

Extend the blood alcohol concentration (BAC) presumptive period from 2 to 3 hours

This proposal is made under section 47K of the Road Traffic Act.

Evidentiary breath analysis results are currently valid for the 2 hours preceding the analysis. This is known as the presumptive period. Where the analysis occurs more than 2 hours after an incident, for example a road crash, Forensic Science SA is required to provide a retrospective estimate of the BAC at the time of the incident. This is known as the back calculation.

Research conducted by Forensic Science SA indicates that there is minimal difference between the actual analysis result (taken sometime between 2 and 3 hours after the incident) and the retrospective estimate of the BAC at the time of the incident. The actual analysis result in the second to third hour is marginally less (0.0066) than the retrospective back calculation. The variation between the third and fourth hour, however, was on average 4.3 times higher than the difference between the actual analysis and probable BAC for the second to third hour. That is, an actual analysis performed between 3-4 hours was moderately less (0.0287) than the retrospective back calculation.

Increasing the presumptive period to three hours would reduce Forensic Science SA's back calculation workload by approximately 30 per cent.

Restrict the post-incident consumption defence

This amendment is made under section 47GA of the Road Traffic Act.

Currently, the Road Traffic Act provides a defence to a charge of drink driving where the driver can satisfy a court that he or she consumed alcohol between the time of an incident and a breath test. This defence is designed to ensure that drivers are only convicted for drink driving where the alcohol is consumed prior to the incident, and not after.

South Australia Police has been unable to contest the defence due to lack of resources (e.g. sourcing expert evidence) and consequently does not elect to prosecute some offenders.

Forensic Science SA is required to perform a back calculation when the defence is used, attributing to approximately 40% of its back calculation workload.

Removing the defence will assist in the prosecution of repeat offenders who use the defence as a 'loop-hole' to avoid prosecution.

No other Australian jurisdiction has this defence.

The use of de-identified blood and oral fluid samples for research purposes, including research into other types of drugs that may affect a person's ability to safely operate a vehicle

This proposal is made under clause 8 of Schedule 1 of the Road Traffic Act.

Over 10,000 blood and oral fluid samples are submitted to Forensic Science SA for drug testing each year. Since 2006 the Road Traffic Act has provided that these samples must not be used for a purpose other than that contemplated by the Act, that is, the prosecution of offences. Currently in South Australia, drug testing of blood and oral fluid samples is limited to only the three prescribed drugs: cannabis, speed/ice, and ecstasy.

It is proposed to allow blood and oral fluid samples to be used for research into other types of drugs that may affect a person's ability to safely operate a vehicle. This in turn would support an evidence base for a variety of other matters such as: targeted education campaigns regarding the impact of drug use and driving performance; the improvement of drug driving policies through the identification and monitoring of drug trends; legislative changes to prohibit other drugs to improve road safety; and furthering forensic research and methodologies.

Currently, the samples collected are processed by a designated analyst and only tested for the three prescribed drugs. Under this proposal, a second independent analyst will then delete all unique identifiers including name, date of birth, address and postcode and any other information that has the potential to match the sample to an individual, other than age and sex. The edited de-identified list will be saved and forwarded to a third independent analyst for further analyses where it will be screened for a wide range of prescription and illicit drugs.

De-identified blood and oral fluid samples may be used for similar purposes (i.e. research) in several other Australian jurisdictions. Legislation in the ACT clearly allows this use of samples for research purposes, while in both Victoria and Queensland may perform research in collaboration with their respective police forces provided appropriate ethics approval has been obtained.

In the interests of protecting personal privacy, research projects undertaken in South Australia would be reviewed by the Forensic Science SA Ethics Committee and the relevant University Ethics Committee if the research project was a collaboration. To enable nurses to take blood samples in metropolitan Adelaide for the purposes of the transport Acts

This amendment has been made under Schedule 1 of the Road Traffic Act; Schedule 1A of the Harbors and Navigation Act; and section 21 of the Rail Safety National Law (South Australia) Act.

Currently, nurses' remit for taking blood samples for the purpose of transport Acts is haphazard and potentially confusing. For example, nurses cannot take blood samples in metropolitan Adelaide for the purposes of the transport Acts. They can however take samples from drivers outside metropolitan Adelaide in most situations, except when the person is admitted to hospital after an accident. And, they can only take samples from vessel operators outside metro Adelaide when the person is unable to take an alcotest, breath analysis, drug screening or an oral fluid analysis.

It is proposed to allow registered nurses and nurse practitioners to take blood samples in all situations across the entire State. This will create greater certainty amongst nurses regarding authority to take blood, and it will assist SAPOL and authorised officers to facilitate the taking of samples within the required time, which is no more than 8 hours after the giving rise to the requirement that the person undertake the blood test. It will also provide the ability for members of the public who wish to challenge the first set of results showing a positive reading for alcohol, to obtain a blood test in a timely manner, and within the required time, as a doctor may not always be readily available.

The amendments will create a uniform approach across the Transport Acts in both metro and non-metro areas.

To ensure clarity for those in the medical profession where blood samples may be taken in these circumstances, the definition sections of the Acts being amended state that the term 'registered nurse' also refers to 'nurse practitioners'.

To exclude licence suspensions from minimum period requirements

This amendment is made under Part 3 of the Motor Vehicles Act.

Disqualification and suspension have the same effect, in that they remove a person's authority to drive.

However, the Motor Vehicles Act currently only excludes periods of licence disqualification from counting towards minimum requirement qualifying periods and does not take into account periods of licence suspension.

Under the proposed amendments, the Registrar of Motor Vehicles must take into account periods of both disqualification and suspension when determining qualifying periods that count towards the minimum period that a driver must hold a licence or a learner's permit.

For example, a provisional P1 licence holder needs to have held a valid driver's licence for a minimum of 12 months before they can proceed to a P2 licence. Under the existing provisions, if a driver had their licence suspended for 6 months (due to a medical condition), they would still be deemed to have met the P1 qualifying period after 12 months, despite not being authorised to drive for six of those months, as periods of suspension are currently not counted. The proposed amendment will address this issue.

Nominate the driver

This amendment is made under sections 79B and 174A of the Road Traffic Act.

Offences detected by camera result in an expiation notice being sent to the registered owner of the vehicle in the first instance. If the owner was not the driver at the time, he or she has been able to nominate the driver by completing a statutory declaration, which, up until now, must ordinarily be witnessed by a Justice of the Peace or an enrolled lawyer.

This amendment will simplify that process by providing an alternative nomination procedure, which would be supported by similar penalties for providing false information.

By enabling the nomination to be in a manner and form determined by the Minister, it allows the capacity for an online nomination system in the future. The statutory declaration process will be retained for the relatively small number of suspected fraudulent nominations.

Changes to section 174A of the Road Traffic Act in the Bill will also allow for the nomination process to operate for certain parking offences in Part 12 of the Australian Road Rules and for regulation 66 of the Road Traffic (Miscellaneous) Regulations. This is for parking offences where the owner of a vehicle is deemed to be the driver of the vehicle at the relevant time. Vehicle owners are currently required to complete a statutory declaration to provide details of the actual driver at the time of the alleged offence.

Due to this amendment, consequential changes have been made to the Expiation of Offences Act, the Criminal Procedure Act, and Fines Enforcement and Debt Recovery Act to include nominations, along with statutory declarations.

To increase the unregistered/uninsured subsuming period

This amendment is being made under clause 2, Schedule 1 of the Motor Vehicles Act.

The Motor Vehicles Act currently provides for a subsuming period during which a person cannot be issued with a second or subsequent camera detected expiation notice for unregistered/uninsured driving if detected again within 7 days. This allows time for the first expiation notice to be prepared, mailed, received by the owner and acted upon. Increasing the subsuming period would formalise SAPOL policy and practice in not issuing a notice for a second or subsequent offence occurring within 14 days of the first offence.

Several years ago, SAPOL has noted that less frequent postal delivery provides insufficient opportunity for a person to be aware of the first offence and to take action to re-register. SAPOL changed its practice in February 2016 to allow for a 14 day subsuming period.

To enable parking fees to be paid by smartphone or other electronic device

This amendment is made under the regulation making power in section 176 of the Road Traffic Act.

Currently, the regulation making power in the Road Traffic Act section 176(1a)(c) only speaks to parking fees being payable by a parking ticket vending machine. The City of Adelaide's Smart Parking Project allows drivers to source and pay for on-street parking via a smartphone app, or other electronic device. The system locates and navigates drivers to available parking; it provides information on the parking bay control; it allows payment via the app; it sends a reminder when the time limit is about to expire; and provides the ability to 'top up' parking to the maximum time limit.

To be certain that councils can charge fees via an app or other electronic device, it is proposed that the power to allow them to do so should be broadened, and clearly included in the legislation.

A person using a smartphone for this purpose must ensure they are complying with Australian Road Rule 300 (relating to the use of mobile phones) at all times.

To control the display of offensive materials on a vehicle

This proposal is made under the Motor Vehicle Act.

Following complaints from members of the public about vehicles displaying sexist, discriminatory or otherwise offensive advertising in breach of an advertising standards code, the responsible Ministers of the Transport and Infrastructure Council, on 2 August 2019, nationally agreed for each jurisdiction to amend their relevant legislation with the aim of removing vehicles with offensive advertising from Australia's road network. It was agreed that the legislation would be based on Queensland's Transport Operations (Road Use Management) Act, which was amended in 2017, to introduce sanction for offensive advertising on vehicles.

Most of the complaints received related to a company known as 'Wicked Campers'.

This proposal is consistent with the Queensland legislation in that it (amongst other things):

Provides the Registrar with a discretionary power to cancel a vehicle's registration following a determination by Ad Standards;

Requires the Registrar to cease action against a motor vehicle's registered owner or operator where Ad Standards has withdrawn an advertising code breach notice;

Does not allow a refund of any part of the registration fee where a registration is cancelled.

Specific to South Australia, these amendments account for natural justice principles by allowing for the Registrar's decision to be appealed to the South Australian Civil and Administrative Tribunal; and allowing the Registrar to refuse to enter any transaction with the vehicle's owner.

Ad Standards, which deals with complaints about offensive advertising for business related vehicles, is an independent, non-government entity, whereby its Board applies a Code of Ethics, published by the Australian Association of National Advertisers. The Code seeks to ensure that advertisements and other forms of marketing communications are legal, decent, honest and truthful, and have been prepared with a sense of obligation to consumers and society, including a sense of fairness and responsibility to competitors.

The Board is independent of, and held in good regard within, the advertising industry. While its decisions are subject to review and are not enforceable, these amendments empower the Registrar to act if the vehicle's registered owner refuses to modify or remove the offensive material at the request of the Board.

To allow for drug test screening to support police searches of persons and vehicles

This amendment is made under schedule 1A, clause 8(2)(a) of the Road Traffic Act.

Currently, a positive drug screening test from a driver at the roadside is not able to be used as justification to conduct a search of a person or vehicle. SAPOL must form a 'reasonable suspicion' that a person has an illegal substance or equipment in their possession before they can undertake a search.

Police officers currently take into account a variety factors to assist in forming 'reasonable suspicion' required for a search, such as the physical behaviour displayed by a driver, any confessions made by a driver, the location, time of day or visibility of any drug in the vehicle.

It is an offence for a person to have on their person or in their vehicle a controlled substance under the Controlled Substances Act 1984. The current search powers in the Road Traffic Act are not defective. However, there is no power in the Road Traffic Act to rely on the results of a drug screening to undertake a search in order to enforce an offence against the Controlled Substances Act.

If passed, this amendment will not provide an automatic authority for a police officer to search the person or their motor vehicle where they return a positive roadside drug screening test. Instead, the amendment will allow the results of the test to be used as an additional factor in forming 'reasonable suspicion' and therefore the power to search the person or their vehicle in relation to an offence against the Controlled Substances Act.

Since 2018, following a positive drug screening test, SAPOL collects an oral fluid sample which is sent to Forensic Science SA for analysis. That analysis will confirm the presence of drugs in the driver's oral fluid before an offence is charged. The results of the analysis are sometimes not available for several weeks. The results of the drug screening test would be only one factor for the police officer to take into account when forming a reasonable suspicion, because of the potential for a negative result when tested by Forensic Science SA.

The prescription of fees

At the current time, fees under the Road Traffic Act, Harbors and Navigation Act and Motor Vehicles Act are set by regulations made under each of those Acts. With the operation of the Legislation (Fees) Act 2019, it is now possible to set these fees by a fee notice instead. From 1 July 2020, many fees under various pieces of legislation swapped to fee notices, without amendments to the relevant legislation being required, for example, fees under the Passenger Transport Act.

No changes to the three Acts are needed to allow for fees to be set by fee notice instead, but Parliamentary Counsel have taken this opportunity to make changes to expressly provide in each piece of legislation that fees may also be set by fee notice for the Road Traffic Act, Motor Vehicles Act and Harbors and Navigation Act. The regulation making powers to set fees in each Act have also been retained.

So in the future, it will be possible to set fees by either fee notice or by regulations under the three pieces of legislation.

I commend this Bill to members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Criminal Procedure Act 1921

4—Amendment of section 52—Limitation on time in which proceedings may be commenced

The amendment made by this clause is consequential on the amendments to section 79B(2) of the Road Traffic Act 1961 made by this measure.

Part 3—Amendment of Expiation of Offences Act 1996

5—Amendment of section 11—Expiation reminder notices

6—Amendment of section 11A—Expiation enforcement warning notices

7—Amendment of section 16—Withdrawal of expiation notices

The amendments made by these clauses to the Expiation of Offences Act 1996 are consequential on the amendments to section 79B(2) of the Road Traffic Act 1961 made by this measure

Part 4—Amendment of Fines Enforcement and Debt Recovery Act 2017

8—Amendment of section 22—Enforcement determinations

The amendment made by this clause is consequential on the amendments to section 79B(2) of the Road Traffic Act 1961 made by this measure.

Part 5—Amendment of Harbors and Navigation Act 1993

9—Amendment of section 4—Interpretation

This clause substitutes the definition of medical practitioner and inserts the definition of registered nurse.

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

This clause inserts references to registered nurse so that a registered nurse as well as a medical practitioner may take a sample for testing purposes.

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

This clause inserts references to registered nurse so that a registered nurse as well as a medical practitioner may take a sample for testing purposes.

12—Amendment of section 73—Evidence

This clause substitutes references to 2 hours with 3 hours. It also inserts references to registered nurse wherever there is a reference to medical practitioner.

13—Amendment of section 73A—Breath analysis where drinking occurs after operation of vessel

This clause amends section 73A of the principal Act to define the term relevant period that is used in subsection (2).

14—Amendment of section 73B—Oral fluid analysis or blood test where consumption of prescribed drug occurs after operation of vessel

This clause alters the meaning of relevant period in section 73B of the principal Act.

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

This clause amends section 74 of the Act to provide that a sample of blood under the section may be taken by a medical practitioner of a registered nurse. It also modernises and updates other aspects of the provision

16—Amendment of section 87—Evidentiary provision

This clause updates a reference to a complaint with a reference to an information.

17—Amendment of section 91—Regulations and fee notices

This clause amends the Act to expressly accommodate the prescribing of fees by notice under the Legislation (Fees) Act 2019.

18—Amendment of Schedule 1A—Blood and oral fluid sample processes

This clause amends Schedule 1A to broaden the capacity for samples to be taken by registered nurses as well as medical practitioners. It also makes some changes to the requirement to send, or keep copies of, certificates referred to in the Schedule. A further amendment is made to provide that evidence relating to a drug screening test, oral fluid analysis or blood test is not admissible other than in proceedings for an offence against the principal Act, an offence involving the operation or crewing of a vessel of an offence against the Controlled Substances Act 1984.

Part 6—Amendment of Motor Vehicles Act 1959

19—Amendment of section 5—Interpretation

This clause amends section 5 to provide that for the purposes of the Act (other than section 81A), in determining the period for which a person has held a licence, learner's permit, foreign licence, interstate licence or interstate learner's permit, any period during which the person's licence or permit has been suspended under the Act or another law of this State is not to be taken into account (unless the suspension came into operation before the commencement of this provision).

20—Amendment of section 24—Duty to grant registration

This clause amends section 24 of the principal Act so as to give the Registrar power to refuse to register a vehicle if the Registrar has made a decision under proposed section 71C.

21—Amendment of section 58—Transfer of registration

This clause amends section 58 of the principal Act so as to give the Registrar power to refuse to transfer the registration of a vehicle if the Registrar has made a decision under proposed section 71C

22—Insertion of Part 2 Division 13

This clause inserts section 71C into the principal Act

Division 13—Miscellaneous

71C—Powers of Registrar in relation to offensive material displayed on motor vehicles

Proposed section 71C gives the Registrar certain powers as a result of an advertising code breach notice for offensive material in relation to a motor vehicle.

23—Amendment of section 81A—Provisional licences

This clause amends section 81A to provide that for the purposes of that section—

(a) in determining the period for which a person has held a P1 licence or P2 licence or whether a person has completed a P1 qualifying period or a P2 qualifying period, any period during which the person's licence has been suspended under this Act or another law of this State is not to be taken into account; and

(b) in determining the period for which a person has held a non-provisional licence or non-provisional interstate licence, any period during which the person's licence has been suspended under this Act or another law of this State is not to be taken into account,

unless the suspension came into operation before the commencement of this subsection.

24—Amendment of section 81AB—Probationary licences

This clause amends section 81AB to provide that for the purposes of that section, in determining the period for which conditions imposed under this section have been effective on a licence, any period during which the licence has been suspended under this Act or another law of this State is not to be taken into account (unless the suspension came into operation before the commencement of this subsection).

25—Amendment of section 81E—Circumstances in which licence will be subject to mandatory alcohol interlock scheme conditions

This clause amends section 81E to provide that for the purposes of that section, in determining whether the mandatory alcohol interlock conditions of a person's licence have been effective for the prescribed period, any period during which the person's licence has been suspended under the Act or another law of this State is not to be taken into account (unless the suspension came into operation before the commencement of this provision).

26—Amendment of section 81G—Cessation of licence subject to mandatory alcohol interlock scheme conditions

This clause amends section 81G to provide that for the purposes of the section, a person ceases to hold a licence if the licence is suspended under the Act or another law of this State, and in determining a period for which mandatory alcohol interlock scheme conditions have applied in relation to a person, any period during which the person's licence has been suspended under the principal Act or another law of this State is not to be taken into account (unless the suspension came into operation before the commencement of this provision).

27—Amendment of section 83—Consequences of certain orders or administrative actions outside State

This clause amends section 83 so that if the Registrar becomes aware that a person's licence or other authority to drive in another State or Territory has been suspended, the Registrar must refuse to issue a licence or learner's permit during the period of suspension. It also amends the section to provide that if the Registrar becomes aware that a person's licence or other authority to drive in another country has been suspended, the Registrar may refuse to issue a licence or learner's permit during the period of suspension.

28—Amendment of section 98MD—Only persons directed by police to proceed to or be present at scene of accident for purposes related to removal, wrecking or repair

This clause makes a related amendment to substitute a reference to 'complaint' with a reference to 'information'.

29—Amendment of section 98O—Persons who may ride in towtruck

This clause makes a related amendment to substitute a reference to 'complaint' with a reference to 'information'.

30—Amendment of section 98Z—Review by Registrar

This clause inserts a reference to proposed section 71C.

31—Amendment of section 98ZA—Review by Tribunal

This clause provides that a person aggrieved by a decision under proposed section 71C or who is dissatisfied with a decision on a review under section 98Z may seek review under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.

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

This clause amends section 137A of the principal Act by including 'appearance' in the list of matters that the Registrar or an authorised officer may require evidence of from the owner or operator of a motor vehicle.

33—Amendment of section 142—Facilitation of proof

This clause makes a related amendment to substitute references to 'complaint' with references to 'information'.

34—Amendment of section 145—Regulations and fee notices

This clause amends the Act to expressly accommodate the prescribing of fees by notice under the Legislation (Fees) Act 2019.

35—Amendment of Schedule 1—Evidence obtained by photographic detection device

This clause amends Schedule 1 clause 2 so that the period during which offences are subsumed is increased from 7 days to 14 days.

Part 7—Amendment of Rail Safety National Law (South Australia) Act 2012

36—Amendment of section 9—Interpretation

This clause deletes a definition for the purposes of the measure.

37—Amendment of section 12—Conduct of preliminary breath test or breath analysis

This clause expands the capacity for a sample of blood to be taken for testing purposes by a registered nurse in addition to a medical practitioner.

38—Amendment of section 13—Conduct of drug screening tests, oral fluid analyses and blood tests

This clause expands the capacity for a sample of blood to be taken for testing purposes by a registered nurse in addition to a medical practitioner.

39—Amendment of section 14—Breath analysis where drinking occurs after rail safety work is carried out

This clause alters the meaning of relevant period for the purposes of section 14 of the principal Act.

40—Amendment of section 15—Oral fluid analysis or blood test where consumption of alcohol or drug occurs after rail safety work is carried out

This clause alters the meaning of relevant period for the purposes of section 15 of the principal Act.

41—Amendment of section 16—Compulsory blood testing following a prescribed notifiable occurrence

This clause amends section 16 of the principal Act to enable a registered nurse to take a sample of blood for the purposes of the provision.

42—Amendment of section 17—Processes relating to blood samples

This clause broadens the capacity for samples to be taken by a registered nurse as well as a medical practitioner. It also makes some changes to the requirement to send, or keep copies of, certificates referred to in the provision.

43—Amendment of section 18—Processes relating to oral fluid samples

This clause amends section 18 of the principal Act to changes to the requirement to send, or keep copies of, certificates referred to in the provision.

44—Amendment of section 20—Evidence

This clause amends section 20 of the principal Act to increase the period of time referred to from 2 to 3 hours. It also makes related amendments to include references to registered nurses.

45—Repeal of section 21

This clause repeals section 21 of the principal Act.

Part 8—Amendment of Road Traffic Act 1961

46—Amendment of section 5—Interpretation

This clause inserts definitions for the purposes of the measure.

47—Amendment of section 22—Proof of lawful installation etc of traffic control devices

This clause makes a related amendment to substitute a reference to complaint with information.

48—Amendment of section 47D—Payment by convicted person of costs incidental to apprehension etc

This clause makes related amendments to substitute references to complaint with information.

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

This clause inserts references to registered nurse.

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

This clause inserts references to registered nurse.

51—Amendment of section 47GA—Breath analysis where drinking occurs after driving

This clause amends section 47GA of the principal Act to substitute the term relevant period that is used in the provision.

52—Amendment of section 47GB—Oral fluid analysis or blood test where consumption of prescribed drug occurs after driving

This clause amends section 47GB of the principal Act to substitute the term relevant period that is used in the provision.

53—Amendment of section 47I—Compulsory blood tests

This clause amends section 47I of the principal Act to enable a registered nurse to take a sample of blood for the purposes of the provision.

54—Amendment of section 47K—Evidence

This clause amends section 47K of the principal Act to increase the period of time referred to from 2 to 3 hours. It also makes related amendments to include references to registered nurses.

55—Amendment of section 53B—Sale and seizure of radar detectors, jammers and similar devices

This clause makes a related amendment to substitute a reference to complaint with information.

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

This clause amends section 79B to alter the process for nominating another person as the driver of a vehicle involved in the commission of an offence detected by means of photographic detection devices. It replaces the requirement to furnish the Commissioner of Police with a statutory declaration stating the name and address of some person other than the owner who was driving the vehicle at the time of the alleged offence with a requirement to give the Commissioner of Police a nomination stating the name and address of some other person who was driving the vehicle.

57—Amendment of section 110C—Offences

This clause makes a technical change to substitute a reference to 'prescribed circumstances' with a reference to 'circumstances prescribed by regulation'.

58—Amendment of section 170—Disqualification where vehicle used for criminal purposes

This clause makes a related amendment to delete a reference to complaint.

59—Amendment of section 172—Removal of disqualification

This clause makes a related amendment to delete a reference to complaint.

60—Amendment of section 174A—Liability of vehicle owners and expiation of certain offences

The amendments made to section 174A by this clause alter the process for nominating another person as the driver of a vehicle involved in the commission of the offence and are largely analogous to the amendments to section 79B(2) of the Act made by this measure.

61—Amendment of section 174E—Presumption as to commencement of proceedings

This clause makes related amendments to substitute references to complaint with information.

62—Amendment of section 175—Evidence

This clause makes related amendments to substitute references to complaint with information.

63—Amendment of section 176—Regulations, rules and fee notices

This clause amends section 176 of the principal Act to enable the making of regulations to allow a council to fix fees for parking to be payable by the operation of an expanded range of electronic devices or methods.

64—Amendment of Schedule 1—Oral fluid and blood sample processes

This clause amends Schedule 1 of the principal Act to make changes to the requirement to send, or keep copies of, certificates referred to in the Schedule. It also makes provision for the use of a sample of oral fluid or blood for research for certain purposes according to limitations specified by the provision. A further amendment enables the results of a drug screening, test, oral fluid analysis or blood test to be admissible for certain proceedings specified by the provision.

Debate adjourned on motion of Hon. I.K. Hunter.

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