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2017
THE LEGISLATIVE
ASSEMBLY FOR THE
AUSTRALIAN CAPITAL TERRITORY
ROAD TRANSPORT REFORM
(LIGHT RAIL) LEGISLATION AMENDMENT BILL 2017
EXPLANATORY
STATEMENT
Presented by
Shane Rattenbury
MLA
Minister for Justice, Consumer Affairs and Road Safety
ROAD TRANSPORT REFORM (LIGHT RAIL) LEGISLATION AMENDMENT BILL 2017
Introduction
This explanatory statement relates to the Road Transport Reform (Light Rail) Legislation Amendment Bill 2017 (the Bill) as presented to the Legislative Assembly. It has been prepared in order to assist the reader of the Bill and to help inform debate on it. It does not form part of the Bill and has not been endorsed by the Assembly.
The Statement must be read in conjunction with the Bill. It is not, and is
not meant to be, a comprehensive description of the Bill. What is said about a
provision is not to be taken as an authoritative guide to the meaning of a
provision, this being a task for the courts.
Overview of the Bill
The Bill amends the road transport legislation to support the operation of light rail within the road environment of the ACT.
Light rail in Canberra will provide more transport options for Canberrans, as part of an integrated transport system. This Bill will help deliver a modern and sustainable transport system for Canberra.
Broadly, the amendments made to the road transport legislation by the Bill:
(a) support the operation of light rail vehicles on ACT roads in accordance with the Australian Road Rules (ARRs), noting that the ARRs apply to drivers of light rail vehicles;
(b) require that a light rail driver hold a valid Australian full car driver licence, but does not require a separate light rail vehicle driver licence;
(c) make the driver of a light rail vehicle subject to provisions about blood alcohol concentration limits for public vehicle drivers;
(d) enable infringement notices for offences such as speeding to be served where the offence has been committed by the driver of a light rail vehicle;
(e) clarify that light rail vehicles will not be subject to vehicle registration requirements;
(f) provide that light rail vehicles will not be subject to vehicle seizure provisions;
(g) exempt light rail vehicles from the requirements for vehicles to keep a safe lateral distance when passing bicycle riders. For the vast majority of its route light rail vehicles will run on isolated tracks not shared with bicycle riders. For the small sections of the route where these type of road users may interact (such as intersections) bicycle riders will be protected by the requirement in the ARRs for the light rail vehicle to maintain a ‘sufficient distance’ from other road users;
(h) provide that injuries arising from a collision with a light rail vehicle will come within the scope of the compulsory third party insurance (CTP) scheme, to ensure that personal injury arising from a traffic accident involving a light rail vehicle is treated in a consistent manner with accidents involving other types of vehicles; and
(i) provide that existing provisions for personal indemnity for individuals acting in good faith performing a function under the road transport legislation will not apply to the light rail operator or its employees. This reflects that it is not appropriate that the Territory should indemnify the operator, as a private sector organisation, for the conduct of its employees, and reflects the contract agreed with the rail operator.
The Bill also makes an amendment to the Criminal Code 2002 to make it an offence to take a light rail vehicle, a bus or heavy vehicle without consent. This amendment will ensure that people who unlawfully take heavy vehicles, buses or light rail vehicles face appropriate sanction.
Additionally, the Bill makes amendments to the Road Transport (Alcohol and Drugs) Act 1977 to make it an offence for a segway rider to be under the influence of, or drinking, alcohol while using the segway. This amendment is part of reforms to the Road Transport (Safety and Traffic Management) Regulation 2000 to enable the private use of segways on public land in the ACT.
The Bill also makes a number of consequential amendments to legislation other
than the road transport legislation that is set out in Schedule 1. The
amendments primarily standardise the definition of motor vehicle (as amended by
the Bill to include a light rail vehicle) so as to be consistent across ACT
legislation, clarify that references to the concept of ‘rail’ or
‘railways’ in other legislation extend to include light rail and
clarify how a number of existing provisions, including offences, that apply in
relation to motor vehicles or rail vehicles or rail operations, will apply in
relation to light rail. These amendments are intended to achieve a consistent
approach to the application of these laws in respect of light rail.
Human
rights implications
It is not considered that any provision of this Bill limits an individual’s human rights. If an individual’s human rights were limited, any limitation would be reasonable and justified.
Section 28 of the Human Rights Act 2004 (the HRA) provides that human rights are subject only to reasonable limits set by laws that can be demonstrably justified in a free and democratic society. Section 28 (2) of the HRA provides that in deciding whether a limit on a human right is reasonable, all relevant factors must be considered, including:
(a) the nature of the right affected;
(b) the importance of the purpose of the limitation;
(c) the nature and extent of the limitation;
(d) the relationship between the limitation and its purpose; and
(e) any less restrictive means reasonably available to achieve the purpose the limitation seeks to achieve.
The Bill primarily extends or modifies the application of the road transport legislation to light rail vehicles and drivers of light rail vehicles. A driver of a light rail vehicle will be subject to most of the same requirements as apply to drivers of other vehicles, including the need to be properly licensed, obey road rules and comply with restrictions on driving with a prescribed concentration of alcohol in the driver’s blood or breath. Regulating the manner of use of light rail vehicles consistent with the existing road transport legislation will ensure the safety of all road users.
The Bill does not create any new offences, although it amends three existing
offences: sections 24A (Driver etc intoxicated) and 25 (Consuming
alcohol—driver or driver trainer) of the Road Transport (Alcohol and
Drugs) Act 1977 and section 318 of the Criminal Code 2002
(Taking etc motor vehicle without consent).
Amendments to the Road
Transport (Alcohol and Drugs) Act 1977
Section 24A of the Road Transport (Alcohol and Drugs) Act 1977 (the Alcohol and Drugs Act) provides that a person must not drive or ride a vehicle or animal on a road, or be in charge of a vehicle or animal on a road, while under the influence of alcohol. The term vehicle is defined to include a bicycle or an animal-drawn vehicle. This Bill amends that offence to apply to riders of segways.
Section 25 of the Alcohol and Drugs Act provides that a person commits an offence if the person drives or rides a vehicle on a road or road related area, and consumes alcohol while driving or riding the vehicle. It is also an offence for a driver trainer to consume alcohol while in a motor vehicle on a road or road related area. Vehicle is defined to mean a bicycle or motor vehicle. This Bill amends the definition of vehicle to include a segway. The offence in section 25 is a strict liability offence, and also includes a presumption that a substance is alcohol if it is in a container that has a label or advertising material indicating that it contains alcohol.
The only change to these offences is amendment of the definition of vehicle
so that riders of segways are subject to the offences.
Nature of the right
affected
These amendments may engage the right to the presumption of innocence, particularly the strict liability offence in section 25 (section 33 (1), HRA) and the right to freedom of movement (section 13, HRA).
A detailed human rights assessment of section 25 was undertaken when the
offence was created in 2015 (see the Revised Explanatory Statement for the Road
Transport Legislation Amendment Bill 2015). That assessment remains applicable
for the amendment to the offence made by this Bill.
The importance of
the purpose of the limitation
The application of these offences to riders of segways reflects the skill and
attention required of these road users, and the potential for harm to other road
users arising from impaired riding as a result of consuming alcohol. The
amendments ensure that riders of segways are treated in a consistent manner to
other road users such as bicycle riders or drivers of motor vehicles. There is
long-standing acceptance of the need to restrict driving or riding while a
person is affected by alcohol. This is a matter of high importance to the
community, given the known risks of death and injury associated with drink
driving.
The nature and extent of the limitation
Any limitation is not extensive and would prevent a person from riding a
segway on a public road while under the influence of alcohol, or from consuming
alcohol while using a segway on a public road.
The relationship between
the limitation and its purpose
The amendments ensure that a rider of a segway is treated consistently with
other road users. For instance, riders of bicycles are also liable to the
offence in section 25 if they ride a bicycle on a public road while under the
influence of alcohol. Having regard to the speed at which segways can operate,
the size and weight of segways and the skill level required to safely operate a
segway, it is considered that riders of segways should be unimpaired when riding
on a road or road related area, for their own safety and the safety of other
road users.
Less restrictive means reasonably available to achieve this
purpose
It is not considered that there are any less restrictive means available to achieve the purpose of this amendment.
To the extent that there is any limitation on rights this is reasonable and
proportionate, noting the public interest benefits from reducing the risks
associated with people riding segways while drinking or under the influence of
alcohol.
Amendment to the Criminal Code 2002
The Bill also amends section 318 of the Criminal Code 2002. That section provides that a person commits an offence if the person dishonestly takes a motor vehicle belonging to someone else; and does not have consent to take the vehicle from a person to whom it belongs. Motor vehicle is currently defined to include a car, car derivative or motorbike, and does not extend to heavy vehicles or light rail vehicles.
This Bill aligns the definition of motor vehicle to the definition used in the road transport legislation, which is ‘a vehicle built to be propelled by a motor that forms part of the vehicle’ (Dictionary, Road Transport (General) Act 1999). This has the effect of extending the application of the offence to a person who dishonestly takes a heavy vehicle or a light rail vehicle.
The amendment brings the ACT into line with most other Australian jurisdictions, where the equivalent offence extends to all motor vehicles. The exception is Victoria where, instead, the conduct would be covered within the offence of theft. The amendment reflects the potential harm caused by unlawful use of a heavy vehicle, bus or light rail vehicle.
It is not considered that this amendment has any human rights implications.
No civil indemnity for rail transport operator employees
The
Bill excludes employees of a rail transport operator from the statutory
indemnity in section 230 of the Road Transport (General) Act 1999 and it
is possible that this may discriminate on the basis of occupation and engage the
right to recognition and equality before the law (section 8, HRA).
The
importance of the purpose of the limitation
Excluding rail transport
operator employees from this indemnity, which in practice has only been applied
to Territory employees, recognises that it is an employer’s responsibility
to indemnify and insure their employees’ acts or omissions, rather than
the Territory.
The nature and extent of the
limitation
Any limitation is not extensive as in practice any civil
liability would attach to the employer – the rail transport operator
– instead of the Territory. The limitation would only apply in relation to
functions performed under the road transport legislation, and it is not expected
that drivers would in the normal exercise of their duties exercise any functions
under the road transport legislation.
The relationship between the
limitation and its purpose
Any limitation seeks to reflect general
employment law principles, whereby the employer bears civil liability for
actions of its employees. It is consistent with standard business practice, and
ensures that the Territory is not civilly liable for the actions of the
employees of the rail transport operator, and the liability attaches to the
entity with legal and administrative responsibility and oversight of that
employee.
Less restrictive means reasonably available to achieve this
purpose
It is not considered that there are any less restrictive means available to
achieve the purpose of this amendment.
Climate Change
Considerations
The climate change impacts of these amendments have been considered. The
introduction of light rail provides the community with an additional mode of
public passenger transport which is environmentally friendly due to low carbon
emissions. The introduction of light rail will contribute to reduced reliance on
private car use, easing traffic congestion and associated vehicle carbon
emissions. In line with the Government’s target of 100 per cent renewable
electricity by 2020, the light rail will be powered by 100 per cent renewable
electricity.
CLAUSE NOTES
Part 1 Preliminary
Clause 1
Name of Act
This clause specifies the name of the Bill, once
enacted, as the Road Transport Reform (Light Rail) Legislation Amendment Act
2017.
Clause 2
Commencement
This clause provides that the Bill will commence
on the seventh day after its notification day.
Clause 3
Legislation amended
This clause names the legislation amended
by this Bill. This Bill amends the:
• Road Transport (Alcohol and
Drugs) Act 1977,
• Road Transport (Driver Licensing) Regulation
2000,
• Road Transport (General) Act 1999,
• Road Transport (Offences) Regulation 2005,
• Road
Transport (Public Passenger Services) Act 2001,
• Road Transport
(Safety and Traffic Management) Act 1999,
• Road Transport
(Safety and Traffic Management) Regulation 2000,
• Road
Transport (Third-Party Insurance) Act 2008,
• Road Transport
(Third-Party Insurance) Regulation 2008,
• Road Transport
(Vehicle Registration) Act 1999, and the
• Road Transport
(Vehicle Registration) Regulation 2000.
The Bill also makes a number
of consequential amendments to other legislation. This legislation is set out in
Schedule 1.
Part 2 Road Transport (Alcohol and Drugs) Act
1977
This part of the Bill makes amendments to the Road Transport
(Alcohol and Drugs) Act 1977 to ensure that drivers of light rail vehicles
are subject to the same blood alcohol concentration requirements, while driving
these public passenger vehicles, as already apply to existing public passenger
vehicle drivers. Part 2 also applies two existing offences to riders of segways
on roads or road related areas.
Clause 4 Meaning of special
driver
New section 4B (1) (h) (v)
This clause amends
the definition of special driver to include light rail drivers. Special drivers
currently include drivers of public passenger vehicles. The amendment ensures
that light rail drivers will be subject to the same requirement as other public
passenger vehicle drivers (such as bus drivers) to have a zero blood alcohol
concentration, when they are driving a light rail vehicle.
Clause 5 New section 4B (1) (m)
In addition to
holding a full car licence, a driver of a light rail vehicle will be required to
have training and instruction in operating a light rail vehicle. This clause
inserts a new requirement for the instructor or assessor of a light rail vehicle
driver to have a zero blood alcohol concentration while providing instruction
to, or assessing, the driver. This is consistent with existing requirements for
driver supervisors, assessors and instructors to have a zero blood alcohol
concentration while they are accompanying a learner driver.
Clause
6 Meaning of driver trainer
Section 4BA
The
amendment to this section relates to the definition of driver trainer and
is consequential on the changes made by clause 5.
Clause 7 Driver etc
intoxicated
Section 24A (2), definition of vehicle, new
paragraph (ab)
This clause amends section 24A of the Alcohol and
Drugs Act, which makes it an offence for a person to drive or ride, or be in
charge of, a vehicle or animal on a road or road related area while the person
is under the influence of alcohol.
Clause 7 amends the definition of
vehicle, for the purpose of section 24A, to include a segway. This change
makes it an offence for a person to ride or be in charge of a segway on a road
or road related area while under the influence of alcohol. This is consistent
with the treatment of cyclists and riders of animals and acknowledges the skill
and attention required to operate a segway and the potential for harm to a
segway rider and other road users arising from impaired use of a segway as a
result of alcohol intoxication.
Clause 8 Consuming
alcohol—driver or driver trainer
Section 25 (2) (b)
This clause amends section 25 of the Alcohol and Drugs Act which
makes it an offence for the driver or rider of a vehicle to consume alcohol
while driving or riding the vehicle on a road or road related area. Clause 8
amends the reference in section 25 (2) (b) to vehicle to motor
vehicle to address an inconsistency in the terminology used in section 25
(2) (a) and (b).
Clause 9 Section 25 (5), definition of vehicle
This clause amends section 25 of the Alcohol and Drugs Act which
makes it an offence for the driver or rider of a vehicle to consume alcohol
while driving or riding the vehicle on a road or road related
area.
Clause 9 amends the definition of vehicle, for the purpose
of section 25, to include a segway. This will make it an offence for a person to
consume alcohol while riding a segway on a road or road related area. This is
consistent with the treatment of cyclists and drivers of motor vehicles and
acknowledges the skill and attention required to operate a segway and the
potential for harm to the segway rider or other road users arising from impaired
use of a segway.
Clause 10 Dictionary, note 3
This clause
amends note 3 to the dictionary to point to light rail vehicle and
segway as terms defined in the Road Transport (General) Act
1999.
Part 3 Road Transport (Driver Licensing) Regulation
2000
This part of the Bill amends the Road Transport (Driver
Licensing) Regulation 2000 (the Driver Licensing Regulation) to clarify how
driver licensing requirements apply to light rail vehicle drivers.
Clause 11 New section 98A
Section 31 (1) of the Road
Transport (Driver Licensing) Act 1999 provides that a person must not drive
a motor vehicle unless they hold an Australian driver licence that authorises
them to drive that kind of motor vehicle or is exempted by regulation from the
requirement to hold an Australian driver licence.
Clause 11 inserts new
section 98A in the Driver Licensing Regulation to provide that a light rail
driver is not required to hold a driver licence that authorises the person to
drive a light rail vehicle provided the light rail driver holds a full car
licence. This ensures that the driver of a light rail vehicle has demonstrated
the knowledge of road rules required to drive a vehicle in the road environment,
in which light rail vehicles will operate.
In addition to holding a full
car licence, as required by this provision, light rail drivers will be required
to meet relevant requirements to operate light rail vehicles as determined by
the Office of the National Rail Safety Regulator (the Regulator), in order for
the ACT light rail operator to be accredited by the Regulator.
Clause
12 Dictionary, note 4
This clause amends note 4 to the dictionary to
point to light rail vehicle as a term defined in the Road Transport
(General) Act 1999.
Part 4 Road Transport (General) Act
1999
This part of the Bill amends the Road Transport (General) Act
1999 (the General Act) to clarify that light rail vehicles are not
registrable vehicles and to ensure that infringement notices for traffic
offences committed by a light rail driver can be issued and
managed.
Clause 13 Who is a responsible person for a vehicle?
New section 10 (ca)
This clause amends the definition of
responsible person for a vehicle. The responsible person for a motor
vehicle is, generally, the person in whose name a vehicle is registered. The
amendment is to the effect that the responsible person for a light rail vehicle
is the accredited rail transport operator for the light rail vehicle.
The concept of a responsible person for a vehicle is used in a number of
road transport legislation provisions. These include provisions relating to the
issue of infringements for traffic and parking offences, which require the issue
of such infringements to the responsible person for a vehicle involved in the
offence. The amendments in clauses 13 to 21 will enable infringements for
certain offences, such as speeding, involving light rail vehicles to be issued
to the light rail operator. The operator will be able to make a declaration to
the road transport authority, nominating the driver of the vehicle at the time
of the offence, so that appropriate action can be taken, consistent with the
action that would be taken against the driver of any other motor vehicle for
such an offence.
Clause 14 New section 10 (2)
This clause
is consequential on clause 13, and inserts a definition for the term
accredited rail transport operator. That term refers to an accredited
person within the meaning of the Rail Safety National Law (ACT).
Clause 15 Definitions—pt 3
Section 21A, definition
of illegal user declaration
This clause amends the definition
of illegal user declaration to extend its coverage to both registrable
and rail vehicles. An illegal user declaration is a declaration by a
responsible person for a registrable or rail vehicle in relation to an
infringement notice offence involving the vehicle stating that at the time of
the offence, another person was in possession or control of the vehicle without
the consent of the vehicle’s owner.
Clause 16 Section 21A,
definition of known user declaration
This clause amends the
definition of known user declaration to extend its coverage to both
registrable and rail vehicles. A known user declaration is a declaration
by a person in relation to an infringement notice offence involving a
registrable or rail vehicle stating that the person was not in possession or
control of the vehicle at the time of the offence and nominating an alternative
person who was in control of the vehicle at the time of the alleged offence.
Clause 17 Section 21A, definition of online
declaration
This clause amends the definition of online
declaration to reference the section by which the road transport authority
approves a website for online declarations (section 57). An online
declaration is a declaration that is made using a website approved by the
road transport authority.
Clause 18 Section 21A, new definition of
registrable or rail vehicle
This clause inserts a new
definition of registrable or rail vehicle which includes a vehicle that
must be registered (a registrable vehicle) and a light rail vehicle. Light rail
vehicles are not registrable vehicles.
Clause 19 Section 21A,
definition of unknown user declaration
This clause amends the
definition of unknown user declaration to extend its coverage to both
registrable and rail vehicles. An unknown user declaration is a
declaration by a person in relation to an infringement notice offence involving
a rail or registrable vehicle stating that the person does not know the identity
of the person in control of the vehicle at the time of the alleged
offence.
Clause 20 Division 3.3 heading
This is a
consequential amendment to the heading for division 3.3, reflecting that the
division now applies to both registrable vehicles and light rail
vehicles.
Clauses 21 and 22 Obligations of a responsible person for a
vehicle
Clauses 21 and 22 amend provisions in division 3.3 relating
to the obligations of a responsible person for a vehicle to assist in the
identification of the driver or person in charge of the vehicle at the time of
an alleged infringement notice offence involving the vehicle. These clauses add
references to a light rail vehicle so provisions in division 3.3 apply to
infringement notices issued to the responsible person for a registrable vehicle
or a rail vehicle.
Clause 23 New division 3.3AA
heading
This clause inserts a new division heading into division 3.3
to separate sections relating to a responsible person’s obligations with
respect to infringement notices from those relating to withdrawal of
infringement notices.
Clause 24 New division 3.3AB
heading
This clause inserts a new division heading into division 3.3
to separate sections relating to a responsible person’s obligations with
respect to infringement notices and withdrawal of infringement notices from
those relating to the effects of paying a penalty amount.
Clause
25 Infringement notice—effect of penalty payment etc
Section 39
(1) (c) (i)
This clause amends section 39 of the General Act,
relating to the effect paying a penalty amount has on liability, prosecution and
conviction for an offence. This clause inserts a reference to a rail vehicle so
the provision applies to infringement notices issued to the responsible person
for a registrable vehicle or a rail vehicle.
Clauses 26 to
28 References to registered owner
These clauses replace
references to registered owner with the term registered operator,
consistent with the practice adopted throughout the road transport
legislation.
Clauses 29 and 30 References to registrable
vehicle
These clauses insert references to rail vehicles
in sections 44 and 53AA of the General Act to ensure these provisions, dealing
with enforcement of infringement notices, apply to infringement notices for both
registrable vehicles and rail vehicles.
Clause 31 Police officer or
authorised person may require name,
date of birth, address and driver
licence—driver or rider
New section 58 (5)
This
clause amends section 58 of the General Act which provides that a police officer
or authorised person may require the provision of a driver’s name, address
and driver licence. It inserts a definition of heavy combination - a term
used in the section - by reference to the definition of this term in the Heavy
Vehicle National Law (ACT).
Clause 32 Certificate evidence and other
evidentiary provisions
Section 72 (6) (d)
This clause
amends section 72 which allows for the use, in court proceedings, of certificate
and other documentary evidence about the use of registrable vehicles. The
amendment inserts a reference to light rail vehicles to enable the
admission of a document that relates to matters about the use of light rail
vehicles on roads or road related areas.
Clause 33 Indemnity from
personal liability for honest and good
faith carrying out of duties
New section 230 (5)
Section 230 confers a civil indemnity
on individuals for an act or omission done honestly and in good faith in the
exercise of a function under the road transport legislation. Any civil liability
instead attaches to the Territory. The section also confers indemnity from
criminal liability for certain limited actions.
This clause provides that
these indemnities do not apply to individuals employed by a rail transport
operator when exercising a function under the road transport legislation in the
course of their employment. Noting these individuals are not public servants but
are employees of a rail transport operator, it is appropriate that any liability
attaches to the rail transport operator, not the Territory.
Clause
34 Dictionary, definition of all reasonable steps
paragraph
(a)
This clause amends the definition of all reasonable steps
and is consequential on the changes made by clause 21 and amends the
signpost reference to the heading of division 3.3, which is amended by clause
20.
Clause 35 Dictionary, new definitions
This clause
inserts definitions of light rail and light rail vehicle that will
apply in all ACT road transport legislation.
Clause 36 Dictionary,
definition of motor vehicle
This clause amends the definition
of motor vehicle to specifically exclude a segway and is consequential on
the changes made by clauses 7 and 9.
Clause 37 Dictionary, new
definitions
This clause inserts new definitions: a definition of
rail transport operator by reference to the definition in the Rail
Safety National Law (ACT); a new definition of registrable or rail
vehicle by reference to the definition inserted by clause 18 into section
21A of the General Act; and a definition of segway which is consequential
on the amendments made by clauses 7 and 9.
Clause 38 Dictionary,
definition of vehicle
This clause amends the definition of
vehicle, for the purpose of the road transport legislation, to include a
light rail vehicle. The definition of vehicle continues to exclude other
vehicles used exclusively on railways or tramways. Other rail vehicles, such as
heavy rail vehicles, are regulated under the National Rail Safety
Law.
Part 5 Road Transport (Offences) Regulation
2005
This part of the Bill amends the Road Transport (Offences)
Regulation 2005 (the Offences Regulation) to clarify the requirements for an
infringement notice issued for an offence involving a light rail
vehicle.
Clause 39 Meaning of identifying particulars—pt
2
Section 4A, definition of identifying particulars,
new
paragraph (ba)
This clause amends section 4A which
defines the term identifying particulars for certain infringement notice
offences, to point to new section 4CA, inserted by clause 40, and which sets out
the particulars to be included in an infringement notice for an offence
involving a light rail vehicle.
Clause 40 New section
4CA
This clause inserts new section 4CA which sets out the
particulars to be included in an infringement notice relating to an offence
involving a light rail vehicle. The infringement notice must include the unique
identification number that will be displayed on the light rail vehicle. Light
rail vehicles will be clearly identified with a large number located in multiple
locations, internally and externally.
Clause 41 Section
12
This clause remakes section 12 of the Offences Regulation into
three new sections: sections 12, 12A and 12B. Section 12 currently provides for
the service of infringement notices and prescribes how an infringement notice
may be served.
New section 12 provides for service of infringement
notices on a suspected offender where the identity of the person believed to
have committed the offence is known.
New section 12A provides for service
of an infringement notice where the offender is unknown and the offence involves
a registrable vehicle or a rail vehicle. This clause applies the current service
process for registrable vehicles to both registrable and rail
vehicles.
New section 12B preserves existing presumptions about service
of infringement notices under sections 12 and 12A where service was by
electronic means.
Clauses 42 to 49 References to registrable
vehicle
Part 2 of the Offences Regulation establishes procedures
for issuing infringement notices and reminder notices to a responsible person
for a registrable vehicle. As light rail vehicles will not need to be registered
under the Road Transport (Vehicle Registration) Act 1999, they do not
fall within the definition of registrable vehicle. These clauses add references
to a rail vehicle to the relevant provisions in Part 2, so the provisions
apply to infringement notices issued for offences involving a registrable
vehicle or a light rail vehicle. These clauses also amend signpost references to
the heading of division 3.3 of the General Act, amended by clause
20.
Clause 50 Dictionary, note 3
This clause amends note 3
to the dictionary to point to light rail vehicle and registrable or
rail vehicle as terms defined in the Road Transport (General) Act
1999.
Clause 51 Dictionary, new definition of corresponding
law
This clause inserts a definition of corresponding law
and is consequential on the changes made by clause 41.
Clause
52 Dictionary, new definition of identifying particulars
This
clause inserts a definition of identifying particulars and is
consequential on the changes made by clauses 39 and 40.
Part 6 Road
Transport (Public Passenger Services) Act 2001
This part of the Bill
amends the Road Transport (Public Passenger Services) Act 2001 (the
Public Passenger Services Act) to clarify that a light rail vehicle is not a
bus.
Clause 53 Meaning of bus and public
bus
Section 10A, definition of bus, paragraph
(b)
Section 10A of the Public Passenger Services Act defines
bus to mean a motor vehicle that seats over nine adults, but does not
include a limousine. This clause amends this section to clarify that this
definition does not extend to a light rail vehicle, and the provisions of that
Act applying to buses, therefore, do not apply to light rail
vehicles.
Part 7 Road Transport (Safety and Traffic Management)
Act 1999
This part of the Bill amends provisions of the Road
Transport (Safety and Traffic Management) Act 1999 (Safety and Traffic
Management Act) relating to notification of prosecutions for certain vehicle
offences.
Clause 54 New section 8A
This clause amends and
relocates section 10D (1) which sets out the requirements for notification to
the registered operator of a vehicle and other interested people about
commencement of a prosecution for certain motor vehicle offences. The amended
section is relocated as new section 8A in division 2.1 (Speeding and other
dangerous driving offences).
Clause 55 New section
10AAA
The Safety and Traffic Management Act provides for the seizure,
impounding and forfeiture of vehicles used to commit certain offences. This
clause inserts new section 10AAA which provides that the seizure, impounding and
forfeiture provisions do not apply to light rail vehicles.
Clause
56 Section 10D
This clause remakes current section 10D (2) into its
own stand alone provision. This clause relates to notices required to be given
by the chief police officer when seizing and impounding vehicles that have been
used to commit certain offences. This section will not apply to light rail
vehicles.
Clause 57 Inspection and purchase of images taken by
traffic
offence detection devices
Section 27 (1)
(b)
This clause amends a reference to the heading of division 3.3 of
the General Act and is consequential on the changes made by clause
20.
Clause 58 Dictionary, note 3
This clause amends note 3
to the dictionary to point to light rail vehicle as a term defined in the
Road Transport (General) Act 1999.
Part 8 Road Transport
(Safety and Traffic Management) Regulation 2000
This part of the Bill
amends the Road Transport (Safety and Traffic Management)
Regulation 2000 (Safety and Traffic Management Regulation) to clarify
the definition of light rail vehicle and exclude the driver of a light rail
vehicle from the provision requiring the driver of a motor vehicle to keep a
specified lateral distance when overtaking a bicycle rider.
Clause
59 Division 2.2.1 heading, note 2
This clause amends the table in
note 2 to include a reference to the Australian Road Rule provision for which
provision is made in division 2.2.1. This amendment is consequential on clause
60.
Clause 60 ARR dict—definitions for
dictionary
Section 33 (1), new definition of
bus
This clause amends the definition of bus for the
purposes of the application of the Australian Road Rules to specifically exclude
a light rail vehicle.
Clause 61 Keeping safe lateral distance when
passing bicycle rider
New section 38A (1A)
Section 38A of
the Safety and Traffic Management Regulation requires a driver of a motor
vehicle to keep a safe lateral distance when passing a bicycle rider. The
provision specifies that this is at least a metre in areas where the speed limit
is not more than 60 km per hour and at least one and a half metres where the
speed limit is 60 km per hour or more.
Section 38B allows a motor vehicle
driver passing a bicycle rider to make certain manoeuvres, where safe, to
achieve the safe lateral passing distance.
The safe lateral passing
distance requirement was introduced in 2015 to support reducing the number of
rear end and side swipe crashes involving bicycle riders.
Cyclists
wishing to ride on-road are required to use an on-road cycle lane unless this is
not practicable. It is not anticipated that cyclists using existing cycle lanes
would be within 1.5 metres of any passing light rail vehicle.
However,
should a cyclist travel in a vehicle lane close to a light rail vehicle, the
driver of the light rail vehicle will lack the ability to move the vehicle
sideways to provide a safe lateral distance from the cyclist. For this reason,
clause 61 amends section 38A so that it does not apply to a light rail vehicle
driver.
Drivers of light rail vehicles will, however, be subject to the
Australian Road Rules which require them to keep ‘sufficient
distance’ to avoid having a collision with a vehicle or obstructing the
path of a vehicle, including a bicycle.
Clause 62 Number of vehicles
that may be drawn
New section 41 (6) (f)
This clause
excludes light rail vehicles from the requirements relating to towing of
vehicles by an articulated vehicle. A light rail vehicle is not an
articulated vehicle for the purpose of the road transport legislation. A
light rail vehicle is designed so that the motor is spread throughout each
carriage and the driver area forms part of the front
carriage.
Clause 63 New section 41 (7)
This clause
moves the definition of articulated vehicle from the dictionary in line
with current drafting practice. This term is only used in this section. This
clause also excludes light rail vehicles from the definition of articulated
vehicle.
Clause 64 Definitions—div 3.1.3
Section
82, definition of heavy vehicle
This clause amends the
definition of heavy vehicle in section 82, which relates to heavy vehicle
parking laws, to specifically exclude a light rail vehicle. This amendment
ensures that a light rail vehicle is not treated as a heavy vehicle for the
purpose of heavy vehicle parking laws.
Clause 65 Tracked
vehicle—Act, dict, def vehicle, par (b)
Section
116
This clause removes the definition of tracked vehicle
which is now located in the Road Transport (General) Act 1999,
dictionary.
Clause 66 Dictionary, note 4
This clause
amends note 4 to the dictionary to point to light rail vehicle as a term
defined in the Road Transport (General) Act 1999.
Clause
67 Dictionary, definition of articulated vehicle
This
amendment is consequential upon the changes made by clause 63.
Part
9 Road Transport (Third-Party Insurance) Act 2008
This part of the
Bill makes amendments to the Road Transport (Third-Party Insurance) Act
2008 (the TPI Act) to provide that a light rail vehicle comes within the
scope of the compulsory third party (CTP) insurance scheme to ensure that
personal injury arising from a traffic accident involving a light rail vehicle
is treated in a consistent manner with accidents involving other types of
vehicles.
Clause 68 What is insured under a CTP
Policy?
New section 19 (ba)
This clause includes a light
right vehicle as a vehicle that can be insured under a CTP policy. It is an
offence under the TPI Act (section 17) to use a vehicle on a road or road
related area unless there is a CTP insurance policy in place for the
vehicle.
Clause 69 Section 19 (c)
This amendment is
consequential on the changes made by clause 68.
Clause 70 Who is
the CTP insurer?
Section 23, definition of CTP
insurer, paragraph (a)
This clause amends the definition of
CTP insurer and is consequential on the changes made by clauses 71 and
72.
Clause 71 Sections 28, 29 and 30 headings
The
amendments to sections 28 and 29 headings are consequential on changes made by
clauses 72 and 74 and separate out the processes for initial registration of a
CTP policy and subsequent renewals of CTP policies for registered vehicles. The
amendment to the heading to section 30 is to stipulate that it relates to motor
vehicles with trader’s plates, and is consequential on the changes made by
clause 73.
Clause 72 New section 30A
This clause creates a
new section 30A that sets out the process for how CTP insurance for light rail
vehicles will be selected and the period for which the CTP insurance will
apply.
Clause 73 Sections 31 and 34A headings
This clause
amends the heading to section 31 to stipulate that it relates to registered
motor vehicles, and is consequential on the amendments made by clause
74.
This clause amends the heading to section 34 to the effect that it
relates to when a CTP policy comes into effect for trader’s plates. It is
consequential on the amendments made by clause 74.
Clause 74 New
sections 34C and 34D
This clause creates new section 34C that sets
out when a CTP insurance policy for a light rail vehicle will come into effect.
New section 34D provides that the CTP insurer for a light rail vehicle is on
risk for the insurance period for the light rail vehicle, and that the CTP
insurer ceases to be on risk if the CTP policy is cancelled.
Clause
75 New section 36B
This clause creates new section 36B that sets out
the effect of changes to the accreditation status of the light rail operator
under the Rail National Safety Law on its CTP policy. It provides that a CTP
policy for a light rail vehicle is cancelled if the operator’s
accreditation is cancelled or surrendered.
Clause 76 Nominal defendant
may recover costs from responsible
person or driver
Section
174 (1) and note
Clause 76 amends section 174 which sets out when the
nominal defendant may recover costs from a responsible person for a vehicle or
from a driver. The amendment is consequential on the changes made by the Bill
which make separate provision for CTP insurance and coverage for light rail
vehicles, including clause 77 which inserts new section 174A.
Clause
77 New section 174A
This clause inserts new section 174A providing
that the nominal defendant may recover certain costs from a rail transport
operator. It is to the effect that the light rail operator must pay to the
nominal defendant any costs reasonably incurred by the nominal defendant in
relation to personal injury caused by the light rail operator’s uninsured
light rail vehicle.
Clause 78 Dictionary, note 3
This
clause amends note 3 to the dictionary to point to light rail vehicle and
registrable or rail vehicle as terms defined in the Road Transport
(General) Act 1999.
Clause 79 Dictionary, new definition of
rail transport operator
This clause inserts a definition of
rail transport operator by reference to the Rail Safety National Law
(ACT).
Part 10 Road Transport (Third-Party Insurance) Regulation
2008
This part of the Bill makes amendments to the Road
Transport (Third-Party Insurance) Regulation 2008 (the TPI Regulation),
consistent with the changes made in Part 9, to bring light rail vehicles within
the scope of the compulsory third party (CTP) insurance scheme.
Clause
80 CTP premiums for policies for less than 1 year
Section 11 (1) (c)
and note
This clause amends section 11 which is about working out the
CTP premium payable for a policy for less than one year. The amendment extends
the application of section 11 to CTP policies for light rail
vehicles.
Clause 81 CTP premium classes
Schedule 1, section
1.1, definition of bus, new
paragraph (f)
This
clause amends Schedule 1, section 1.1, which includes definitions for the
Schedule. It amends the definition of bus to exclude a light rail
vehicle.
Clause 82 Schedule 1, section 1.1, definition of passenger
vehicle,
new paragraph (j)
This clause amends Schedule
1, section 1.1, which includes definitions for the Schedule. It amends the
definition of passenger vehicle to exclude a light rail vehicle. For the
purposes of the CTP scheme a light rail vehicle will not be a passenger vehicle.
Separate provisions have been inserted regarding the requirements for a CTP
policy for light rail vehicles.
Clause 83 Schedule 1, part 1.2,
new items 22.1 and 22.2
This clause amends Schedule 1, Part 1.2 which
sets out a table of CTP premium classes. The amendment inserts a light rail
vehicle as a new type of vehicle for which there is a premium
class.
Clause 84 Dictionary, note 3
This clause amends
note 3 to the dictionary to point to motor accident and motor accident
claim as terms defined in the Road Transport (Third-Party Insurance) Act
2008.
Clause 85 Dictionary, note 4
This clause amends
note 4 to the dictionary to point to light rail vehicle and
vehicle as terms defined in the Road Transport (General) Act
1999.
Part 11 Road Transport (Vehicle Registration) Act
1999
This part of the Bill amends definitions in the Road
Transport (Vehicle Registration) Act 1999 (the Vehicle Registration
Act) to clarify that a light rail vehicle is not required to be
registered.
Clause 86 Dictionary, note 3
This clause amends
note 3 to the dictionary to point to light rail vehicle as a term defined
in the Road Transport (General) Act 1999.
Clause 87 Dictionary,
definition of heavy vehicle
This clause amends the definition
of heavy vehicle to exclude a light rail vehicle. This amendment ensures
that a light rail vehicle is not treated as a heavy vehicle.
Clause
88 Dictionary, definition of registrable vehicle, paragraph
(a)
This clause amends the definition of registrable vehicle
to exclude light rail vehicles, as light rail vehicles will not need to be
registered under the Vehicle Registration Act.
Part 12 Road Transport
(Vehicle Registration) Regulation 2000
This part of the Bill amends
the Road Transport (Vehicle Registration) Regulation 2000 consistent with
the amendments made by Part 11 to the effect that a light rail vehicle is not
required to be registered.
Clause 89 Using a heavy vehicle without
registration label etc
Section 45 (3) (c)
This clause
amends section 45 which requires the display of a registration label on a heavy
vehicle. It replaces the references to registered owner with the term
registered operator, consistent with the practice adopted throughout the
road transport legislation.
Clause 90 Vehicles to which sch 1 does not
apply etc
Schedule 1, new section 1.6 (1) (aa)
This clause
amends Schedule 1 which sets out technical requirements and standards for
vehicles used on roads and road related areas. It inserts a new section 1.6 (1)
(aa) to include light vehicle vehicles as vehicles to which these standards do
not apply. The technical standards with which light rail vehicles will be
required to comply will be those determined by the National Rail Safety
Regulator.
Schedule 1 Consequential Amendments
Schedule 1 to the Bill makes consequential amendments to the following
legislation:
• Building and Construction Industry (Security of
Payment) Act 2009
• Building and Construction Industry Training
Levy Act 1999
• Civil Law (Wrongs) Act
2002
• Crimes Act 1900
• Criminal Code
2002
• Dangerous Goods (Road Transport) Act
2009
• Environment Protection Act
1997
• Environment Protection Regulation
2005
• Legislation Act 2001
• Limitation Act
1985
• Litter Act 2004
• Long Service Leave
(Portable Schemes) Act 2009
• Planning and Development Act
2007
• Sale of Motor Vehicles Act 1977
• Spent
Convictions Act 2000
• Uncollected Goods Act
1996
• Work Health and Safety Regulation 2011
Part
1.1 Building and Construction Industry (Security of Payment) Act
2009
This Part of Schedule 1 amends a number of definitions in the
Building and Construction Industry (Security of Payment) Act 2009, which
is an act to ensure that a person who carries out construction work under
certain types of contracts is able to receive or recover progress payments for
the work.
Section 1.1 Section 7 (1), definition of construction
work,
paragraph (b)
This section amends the definition
of construction work to clarify that a reference to construction work on
railways includes construction work on light rail.
Section 1.2 New
section 7 (3)
This amendment is consequential on amendment 1.1 and
inserts a definition of light rail by a signpost to the definition in the
Road Transport (General) Act 1999, dictionary, inserted by clause
35.
Part 1.2 Building and Construction Industry Training Levy Act
1999
This Part of Schedule 1 amends definitions in the Building
and Construction Industry Training Levy Act 1999 which provides for a
training levy to be paid in respect of certain building work.
Section
1.3 Schedule 1, item 3
This section amends the definition of
work in Schedule 1 to clarify that a reference to work on railways
includes work on light rail.
Section 1.4 Dictionary, new definition of
light rail
This amendment inserts a definition of light
rail in the dictionary by a signpost to the definition in the Road
Transport (General) Act 1999, dictionary, inserted by clause
35.
Part 1.3 Civil Law (Wrongs) Act 2002
This Part of
Schedule 1 makes amendments to definitions in the Civil Law (Wrongs)
Act 2002, which includes provisions protecting certain people, such as
good Samaritans and volunteers from liability in certain circumstances. A number
of provisions limit the protection of the Act where the liability falls within
the ambit of the CTP motor vehicle insurance scheme.
Section
1.5 Dictionary, definition of motor vehicle, paragraph (a)
(i),
new note
This amendment inserts a note in the
definition of motor vehicle and is consequential on a light rail
vehicle being defined as a motor vehicle under the Road
Transport (General) Act 1999, dictionary.
Section
1.6 Dictionary, definition of motor vehicle, paragraph (a)
(ii)
This section amends the definition of motor vehicle and
is consequential on a light rail vehicle being defined as a motor
vehicle under the Road Transport (General) Act 1999.
Part
1.4 Crimes Act 1900
This Part of Schedule 1 amends provisions of the
Crimes Act 1900 to ensure that offences relating to railways and rail
apply to light rail and definitions in the Crimes Act 1900 are consistent
with those in the road transport legislation.
Section 1.7 Section 4,
notes
This amendment updates note 1 in section 4 of the Act,
consequentially on amendments to the definition of motor vehicle in the
Road Transport (General) Act 1999.
Section 1.8 Section 28A
(4), definition of railway
This amendment omits the definition
of railway for the purpose of the offence of throwing objects at vehicles
(section 28A of the Act). A definition of railway is inserted in the
dictionary for the Act by amendment 1.13.
Section 1.9 Section 28A (4),
definition of vehicle, paragraph (b)
This section amends the
definition of vehicle for the purpose of the offence of throwing objects
at vehicles (section 28A of the Act) to extend this offence to light rail
vehicles.
Section 1.10 Section 144
This section amends
section 144 which provides for offences in relation to obstructing, damaging or
destroying a railway engine by interfering with railway infrastructure. The
amendment extends the offence provisions to light rail.
Section
1.11 Section 145
This section amends section 145 which provides for
the offence of causing obstruction to the operation of a railway engine. The
amendment extends the offence so that it applies in relation to light rail
vehicles.
Section 1.12 Section 252F (4), definition of motor
vehicle
This amendment omits the definition of motor vehicle
from section 252F (4) in accordance with current drafting practice. This
term is defined in the dictionary by a signpost to the definition in the Road
Transport (General) Act 1999, dictionary, inserted by clause
36.
Section 1.13 Dictionary, new definitions of light rail, light
rail vehicle and railway
This amendment inserts
definitions, in the dictionary of the Crimes Act, of light rail and
light rail vehicle by a signpost to the definitions in the Road
Transport (General) Act 1999, dictionary, inserted by clause 35 and inserts
a definition of railway which includes light rail.
Part
1.5 Criminal Code 2002
This Part of Schedule 1 amends definitions of
motor vehicle in the Criminal Code 2002 to ensure that the provisions in
relation to the offence of taking a motor vehicle without consent are extended
to light rail vehicles, heavy vehicles and buses.
Section 1.14 Section
318 (3)
This amendment removes definitions of a number of terms,
including motor vehicle, from section 318 which provides the offence of
taking a motor vehicle without consent. Amendment 1.16 inserts a new definition
of motor vehicle by a signpost to the definition in the Road Transport
(General) Act 1999, dictionary, amended by clause 36.
Motor vehicle
as currently defined for the purpose of section 318 includes a car, car
derivative or motorbike, and does not extend to heavy vehicles or light rail
vehicles. This amendment aligns the definition of motor vehicle to the
definition used in the road transport legislation, which is ‘a vehicle
built to be propelled by a motor that forms part of the vehicle’
(Dictionary, Road Transport (General) Act 1999).
This ensures
that the offence of taking a motor vehicle without consent applies to a person
who unlawfully uses these vehicles without the consent of the owner (commonly
referred to as joyriding). The potential for harm caused by a person taking
these vehicles is significant.
Section 1.15 Section 369
(4)
This section amends section 369, which provides for a court to
impose a driver licence cancellation on a person found guilty of motor vehicle
theft or taking a motor vehicle without consent. It removes the definition of
motor vehicle as, in line with current drafting practice, this definition
has been relocated to the dictionary.
Section 1.16 Dictionary, new
definition of motor vehicle
This amendment inserts in the
dictionary a new definition of motor vehicle, by a signpost to the
definition in the Road Transport (General) Act 1999, dictionary, inserted
by clause 36.
Part 1.6 Dangerous Goods (Road Transport) Act
2009
This Part of Schedule 1 amends definitions in the Dangerous
Goods (Road Transport) Act 2009, which regulates the transport of
dangerous goods by motor vehicles.
Section 1.17 Dictionary, new
definition of light rail
This amendment inserts a
definition, in the dictionary for the Act, of light rail by a signpost to
the definition in the Road Transport (General) Act 1999, dictionary,
inserted by clause 35.
Section 1.18 Dictionary, definition of road
infrastructure,
paragraph (a) (v)
This section amends
the definition of road infrastructure to include light rail equipment
which ensures that the provisions in relation to transport of dangerous goods
and compensation orders for damage to road infrastructure apply to the light
rail and light rail equipment. The effect is that a person who commits an
offence under this Act which damages road infrastructure, including light rail,
may be subject to a roads compensation order requiring them to pay the Territory
the cost of repairing any damage.
Part 1.7 Environment Protection Act
1997
This Part of Schedule 1 amends provisions in the Environment
Protection Act 1997, which regulates noise and pollutant emissions, to
clarify that the existing exemption provisions for trains apply to light rail
vehicles.
Section 1.19 Section 8 (1) (a)
This section
amends section 8 of the Environment Protection Act 1997 which sets out
which people and things the Act doesn’t apply to. Trains are already
exempt from the application of the Act in relation to noise or pollution
emissions. The amendment adds a light rail vehicle to this exemption to treat
these types of vehicles consistently.
Section 1.20 Section 8 (3), new
definition of light rail vehicle
This amendment inserts a
definition in section 8 of light rail vehicle by a signpost to the
definition in the Road Transport (General) Act 1999, dictionary, inserted
by clause 35.
Part 1.8 Environment Protection Regulation
2005
This Part of Schedule 1 amends definitions in the Environment
Protection Regulation 2005, which regulates noise and pollutant emissions,
to extend the exemption provisions for trains to light rail
vehicles.
Section 1.21 Division 2.1 heading, note 1, paragraph
(a)
This section amends the note to the heading to Division
2.1 of the Environment Protection Regulation 2005, to reflect the
amendment to section 8 of the Environment Protection Act 1997 to
include a light rail vehicle as a thing to which pollution emission provisions
do not apply.
Section 1.22 Part 3 heading, note 1, paragraph
(a)
This section amends the note to the heading to Part 3 of the
Environment Protection Regulation 2005, to reflect the amendment to
section 8 of the Environment Protection Act 1997 to include a light
rail vehicle as a thing to which noise emission provisions do not apply.
Section 1.23 Schedule 2, section 2.2 (1), definition of light
rail
This section amends the definition of light rail in
Schedule 2 to signpost to the definition of light rail in the Road
Transport (General) Act 1999, dictionary, inserted by clause
35.
Section 1.24 Dictionary, definition of light
rail
This section amends the definition in the dictionary of
light rail consequential on amendments 1.21, 1.22 and
1.23.
Part 1.9 Legislation Act 2001
This Part of Schedule 1
amends definitions in the Legislation Act 2001, which regulates the
accessibility of legislation in the ACT and assists users of legislation to
understand and use legislation.
Section
1.25 Dictionary, part 1, new definition of Rail Safety
National
Law (ACT)
This amendment inserts a
definition of Rail Safety National Law (ACT) into the Legislation Act
2001. The Rail Safety National Law is national rail safety legislation,
overseen by a single national rail safety regulator. The light rail operator
will be subject to the Rail Safety National Law.
Part 1.10 Limitation
Act 1985
This Part of Schedule 1 amends definitions in the
Limitation Act 1985, which sets the periods in which civil proceedings
must be commenced in the ACT.
Section 1.26 Section 30A (8), definition
of motor vehicle, paragraph (a),
new note
This
amendment inserts a note to the definition of motor vehicle in section
30A, dealing with how the Limitation Act 1985 applies to children who
suffer personal injuries (including from a motor vehicle accident) giving rise
to a claim for damages. It signposts that a light rail vehicle is defined
as a motor vehicle under the Road Transport (General) Act 1999,
dictionary, amended by clause 36.
Section 1.27 Section 30A (8),
definition of motor vehicle, paragraph (b)
This
section amends the definition of motor vehicle in section 30A and is
consequential on a light rail vehicle being defined as a motor
vehicle under the Road Transport (General)
Act 1999.
Part 1.11 Litter Act 2004
This Part of
Schedule 1 of the Bill amends provisions in the Litter Act 2004, which
regulates the depositing of litter or material that may become litter and
facilitates the removal of litter.
Section 1.28 Section 13
(2)
Section 1.29 Section 13 (4)
Section 1.30 Section 13 (6),
new definition of light rail vehicle
These sections amend
section 13 of the Litter Act 2004, which makes it an offence for a person
to place an unsolicited leaflet in or on a motor vehicle at a public place and
for a person to commission the placement of leaflets on motor vehicles. Sections
13 (2) and (3) are to the effect that the offences don’t apply if the
leaflet is placed on the vehicle in accordance with a Territory law or is a
message of a personal nature and directed only to the owner or driver or rider
of the motor vehicle.
The amendments are to the effect that the
exceptions to the offences in section 13 do not apply in relation to light rail
vehicles. This reflects the safety risks associated with people seeking to place
messages on the outside of a light rail vehicle, as well as the need to avoid
damage to the inside of a light rail vehicle resulting from the posting of
advertising leaflets.
Part 1.12 Long Service Leave (Portable
Schemes) Act 2009
This Part of Schedule 1 amends definitions in the
Long Service Leave (Portable Schemes) Act 2009, which regulates the
portability of long service leave entitlements in certain industries, which
includes the building and construction industry. This amendment ensures that
construction of the light rail in treated in the same manner as construction of
railways.
Section 1.31 Schedule 1, section 1.1 (1) (a)
(ii)
This section amends the definition of building and
construction industry in Schedule 1 of the Long Service Leave (Portable
Schemes) Act 2009 to clarify that the existing reference to building and
constructing railways includes building and constructing light
rail.
Section 1.32 Schedule 1, new section 1.1 (3)
This
amendment inserts a signpost to the definition of light rail in the
Road Transport (General) Act 1999, dictionary, inserted by clause
35.
Part 1.13 Planning and Development Act 2007
This Part
of Schedule 1 amends definitions in the Planning and Development Act
2007, which regulates planning and development in the ACT.
Section
1.33 Dictionary, definition of light rail
This amendment
removes the definition of light rail in this Act and replaces it with a
signpost to the definition in the Road Transport (General) Act 1999,
dictionary, inserted by clause 35.
Part 1.14 Sale of Motor Vehicles
Act 1977
This Part of Schedule 1 of the Bill amends definitions in
the dictionary of the Sale of Motor Vehicles Act 1977, an act regulating
the sale of motor vehicles and licensing of motor vehicle dealers. The
amendments are to the effect that the act does not apply in relation to the sale
of light rail vehicles.
Section 1.34 Dictionary, new definition of
light rail vehicle
This amendment inserts a definition of
light rail vehicle by a signpost to the definition of light rail
vehicle in the Road Transport (General) Act 1999, dictionary,
inserted by clause 35.
Section 1.35 Dictionary, definition of motor
vehicle
This section amends the dictionary definition of motor
vehicle to specifically include a reference to a light rail vehicle as a
vehicle to which the definition does not apply.
Part 1.15 Spent
Convictions Act 2000
This Part of Schedule 1 amends definitions in
the Spent Convictions Act 2000, which regulates the disclosure of
information about a person’s conviction for certain offences where the
person completes a period of crime-free behaviour. This amendment ensures that
the manner in which traffic offences are dealt with extends to traffic offences
committed by a light rail driver.
Section 1.36 Section 14 (1),
definition of motor vehicle
This section amends section 14 of
the Spent Convictions Act 2000, which sets out how traffic offences are
dealt with under that Act. The amendment omits the definition of motor
vehicle in this Act and inserts a signpost to the definition of motor
vehicle in the Road Transport (General) Act 1999, dictionary, amended
by clause 36.
Part 1.16 Uncollected Goods Act 1996
This
Part of Schedule 1 amends definition provisions in the Uncollected Goods Act
1996 to bring goods left, lost or abandoned on a light rail vehicle within
the scope of the Act.
Section 1.37 Dictionary, new definition of
light rail vehicle
This amendment inserts a definition of
light rail vehicle by a signpost to the definition of light rail
vehicle in the Road Transport (General) Act 1999, dictionary,
inserted by clause 35.
Section 1.38 Dictionary, definition of
vehicle
This section amends the definition of vehicle
to include a light rail vehicle. This ensures that an authorised person has the
power to deal with lost property left inside a light rail vehicle or at a light
rail stop in accordance with the provisions of this Act.
Part
1.17 Work Health and Safety Regulation 2011
This Part of Schedule 1
amends provisions in the Work Health and Safety Regulation 2011 to bring
construction of the light rail within the scope of the
regulation.
Section 1.39 Section 291, definition of high risk
construction work,
paragraph (n)
This section amends
section 291 of the Work Health and Safety Regulation 2011 to extend the
definition of high risk construction work to include construction work
that is carried out on, in or adjacent to light rail. Currently the definition
refers to construction work that is carried out on, in or adjacent to, among
other things, a railway. This amendment ensures that the existing requirements
under the Regulation relating to high risk construction work apply to
construction work on, in or adjacent to light rail.
Section 1.40 New
section 291 (2)
This amendment inserts a definition of light rail
by a signpost to the definition of light rail in the Road
Transport (General) Act 1999, dictionary, inserted by clause 35.