Part 3 Offences

4   Negligent, furious or reckless driving

(1)  Any person who drives a motor vehicle upon a road or road related area, negligently, furiously, or recklessly, or at a speed or in a manner which is dangerous to the public, shall be guilty of an offence under this Act.

(2)  In considering whether an offence has been committed under this section, the court shall have regard to all the circumstances of the case, including the nature, condition, and use of the road or road related area upon which such offence is alleged to have been committed, and to the amount of traffic which actually is at the time, or which might reasonably be expected to be, upon such road or road related area.

(3)  A person convicted of the offence under this section of driving a motor vehicle negligently is liable:

(a)  for driving occasioning death:

(i)  in the case of a first offence—to a penalty not exceeding 30 penalty units or to imprisonment for a period not exceeding 18 months or to both such penalty and imprisonment, or

(ii)  in the case of a second or subsequent offence—to a penalty not exceeding 50 penalty units or to imprisonment for a period not exceeding 2 years or to both such penalty and imprisonment, or

(b)  for driving occasioning grievous bodily harm:

(i)  in the case of a first offence—to a penalty not exceeding 20 penalty units or to imprisonment for a period not exceeding 9 months or to both such penalty and imprisonment, or

(ii)  in the case of a second or subsequent offence—to a penalty not exceeding 30 penalty units or to imprisonment for a period not exceeding 12 months or to both such penalty and imprisonment, or

(c)  for driving not occasioning death or grievous bodily harm—to a penalty not exceeding 10 penalty units.

(3A)  A person convicted of the offence under this section of driving a motor vehicle furiously or recklessly, or at a speed or in a manner which is dangerous to the public, is liable:

(a)  in the case of a first offence—to a penalty not exceeding 20 penalty units or to imprisonment for a period not exceeding 9 months or to both such penalty and imprisonment, or

(b)  in the case of a second or subsequent offence—to a penalty not exceeding 30 penalty units or to imprisonment for a period not exceeding 12 months or to both such penalty and imprisonment.

(4)  For the purposes of subsection (3) or (3A), where a person is guilty of an offence under this section, that offence:

(a)  is a second or subsequent offence as referred to in that subsection if and only if, within the period of 5 years immediately before being convicted of that offence, the person was convicted of a major offence, and

(b)  otherwise shall be treated as a first offence.

(5)  In this section, grievous bodily harm includes any permanent or serious disfigurement.

4AA   Menacing driving

(1) Offence—intent to menace
A person is guilty of an offence against this Act if:

(a)  the person drives a motor vehicle on a road or road related area in a manner that menaces another person, and

(b)  the person intended to menace that other person.

Maximum penalty:

•  for a first offence—30 penalty units or imprisonment for 18 months, or both, and

•  for a second or subsequent offence—50 penalty units or imprisonment for 2 years, or both.

(2) Offence—possibility of menace
A person is guilty of an offence against this Act if:

(a)  the person drives a motor vehicle on a road or road related area in a manner that menaces another person, and

(b)  the person ought to have known that the other person might be menaced.

Maximum penalty:

•  for a first offence—20 penalty units or imprisonment for 12 months, or both, and

•  for a second or subsequent offence—30 penalty units or imprisonment for 18 months, or both.

(3) Application
This section applies:

(a)  whether the other person is menaced by a threat of personal injury or by a threat of damage to property, and

(b)  whether or not that person or that property is on a road or road related area.

(4) Defence
A person is not guilty of an offence under this section if the person could not, in the circumstances, reasonably avoid menacing the other person.

(5) Double jeopardy
A person is not liable to be convicted of:

(a)  both an offence under subsection (1) and an offence under subsection (2), or

(b)  both an offence under this section and an offence under section 4,

      arising out of a single incident.

(6) Second or subsequent offences
An offence under this section is a second or subsequent offence for the purposes of this section if:

(a)  it is the second or subsequent occasion on which the person is convicted of that same offence, or

(b)  within the period of 5 years immediately before the person is convicted of the offence, the person was convicted of a major offence.

4A   Speed limits

(1)  Any person who upon any length of road or road related area drives a motor vehicle at a speed in excess of the speed limit applicable to that length of road or road related area shall be guilty of an offence under this Act and liable to a penalty not exceeding 20 penalty units.

(1A)  A person who on any length of road or road related area drives a motor vehicle at a speed which exceeds, by more than 45 kilometres per hour, the speed limit applicable to that length of road or road related area is guilty of an offence under this Act and liable to a penalty not exceeding 30 penalty units in the case of a heavy motor vehicle or coach, or 20 penalty units in any other case, and, in addition:

(a)  the person is disqualified by a conviction for the offence (and without any specific order) for 3 months from holding a driver licence, or

(b)  where the court on the conviction thinks fit to order a longer period of disqualification, the person is disqualified for the period specified in the order.

(1B)  A person who on any length of road or road related area drives a motor vehicle at a speed which exceeds, by more than 30 kilometres per hour but not more than 45 kilometres per hour, the speed limit applicable to that length of road or road related area is guilty of an offence under this Act and liable to a penalty not exceeding 20 penalty units and, in addition:

(a)  the person is disqualified by a conviction for the offence (and without any specific order) for 1 month from holding a driver licence, or

(b)  where the court on the conviction thinks fit to order a longer period of disqualification, the person is disqualified for the period specified in the order.

(2)  For the purposes of this section, the speed limit:

(a)  is 60 kilometres per hour for a length of road or road related area (not being within a shared traffic zone) for which provision is made for it to be lit by road or road related area lighting and to which no direction given under subsection (3) applies,

(b)  is 100 kilometres per hour for a length of road or road related area (not being within a shared traffic zone) for which no provision is made for it to be lit by road or road related area lighting and to which no direction given under subsection (3) applies,

(c)  is 10 kilometres per hour for a length of road or road related area that is within a shared traffic zone, and

(d)  where the length of road or road related area is the subject of a direction given under subsection (3)—is the speed specified in the direction.

(2A)  If, on a prosecution of a person for an offence under subsection (1A), the court is satisfied that the person exceeded the relevant speed limit, but is not satisfied that it was exceeded by more than 45 kilometres per hour, the court may convict the person of an offence under subsection (1), or under subsection (1B) if satisfied that it was exceeded by more than 30 kilometres per hour.

(2B)  If, on a prosecution of a person for an offence under subsection (1B), the court is satisfied that the person exceeded the relevant speed limit, but is not satisfied that it was exceeded by more than 30 kilometres per hour, the court may convict the person of an offence under subsection (1).

(3)  The Authority may, at any time, with respect to any length of road or road related area (not being within a shared traffic zone), give a direction fixing the speed limit applicable to that length of road or road related area.

(3A)  The Authority may, at any time, revoke or vary any direction given under subsection (3).

(3B)  A reference in this Act, or any other instrument, to a direction given by the Authority under subsection (3) includes, where the direction has been varied by the Authority under subsection (3A), the direction as so varied.

(4)  The regulations:

(a)  shall provide for the display and form of signs to indicate, with respect to a length of road or road related area, the speed limit applicable to that length of road or road related area by virtue of a direction under subsection (3),

(b)  may provide for the display of any other signs necessary or convenient for carrying this section into effect, and

(c)  may prescribe any matter necessary or convenient to be prescribed in relation to any such signs.

(5)  In any proceedings in any court, evidence that a sign is, with respect to a length of road or road related area, displayed in accordance with the regulations made for the purposes of subsection (4) shall be prima facie evidence that the speed limit indicated by the sign applies to that length of road or road related area.

(5A)  In any proceedings in any court, evidence that a sign indicating the existence of a shared traffic zone is, with respect to a length of road or road related area that is within the zone, displayed in accordance with regulations made for the purposes of section 4D shall be prima facie evidence that the speed limit applicable to shared traffic zones applies to that length of road or road related area.

(5B)  A person who drives a motor vehicle on a road or road related area at a speed that exceeds, by more than 45 kilometres per hour, a speed fixed by the regulations as the maximum speed:

(a)  at which motor vehicles of a class that includes that motor vehicle may be driven, or

(b)  at which any motor vehicle, or any motor vehicle of a class that includes that motor vehicle, may be driven by drivers of a class that includes that person,

      is guilty of an offence under this Act and liable to the same penalties, and to be dealt with in the same manner, as for an offence under subsection (1A). This subsection applies only where the maximum speed fixed by the regulations is below the speed limit applicable to the length of road or road related area on which the vehicle is being driven.

(5BA)  A person who drives a motor vehicle on a road or road related area at a speed that exceeds, by more than 30 kilometres per hour but not more than 45 kilometres per hour, a speed fixed by the regulations as the maximum speed:

(a)  at which motor vehicles of a class that includes that motor vehicle may be driven, or

(b)  at which any motor vehicle, or any motor vehicle of a class that includes that motor vehicle, may be driven by drivers of a class that includes that person,

      is guilty of an offence under this Act and liable to the same penalties, and to be dealt with in the same manner, as for an offence under subsection (1B). This subsection applies only where the maximum speed limit fixed by the regulations is below the speed limit applicable to the length of road or road related area on which the vehicle is being driven.

(5C)  If, on a prosecution of a person for an offence under subsection (5B), the court is satisfied that the person exceeded the relevant maximum speed fixed by the regulations, but is not satisfied that it was exceeded by more than 45 kilometres per hour, the court may convict the person of an offence under subsection (5BA) if satisfied that it was exceeded by more than 30 kilometres per hour or may, to the extent that exceeding the speed so fixed constitutes an offence under the regulations, convict the person of that offence instead.

(5D)  If, on a prosecution of a person for an offence under subsection (5BA), the court is satisfied that the person exceeded the relevant maximum speed limit fixed by the regulations, but is not satisfied that it was exceeded by more than 30 kilometres per hour, the court may, to the extent that exceeding the speed limit so fixed constitutes an offence against the regulations, convict the person of that offence instead.

(6)  Nothing in this section shall be construed to justify the driving of any motor vehicle upon a road or road related area at a speed which:

(a)  having regard to all the circumstances of the case, is dangerous to the public, whether or not such speed is less than the limit fixed by this section, or

(b)  exceeds any maximum speed applicable to such vehicle and fixed by or under any Act, regulation or ordinance.

(7)  The provisions of this section shall not apply to the driver of:

(a)  any motor vehicle whilst conveying a member of the police force on urgent duty,

(b)  any fire engine, reel or other similar vehicle whilst proceeding to a fire,

(c)  any ambulance vehicle whilst proceeding to the scene of an accident or to a hospital with an injured person, or

(d)  any vehicle referred to in paragraph (a), (b) or (c) whilst proceeding to any place to deal with an emergency,

      if the observance of those provisions would be likely to hinder the use of the vehicle for any purpose aforesaid: Provided that such driver shall give the best practicable warning so as to enable way to be made for such vehicle.

(8)  The provisions of this section shall not apply to the driver of a motor vehicle which is taking part in a race, an attempt to break a motor vehicle speed record, a trial of speed or any competitive trial as referred to in section 4B (1) (a) in accordance with an approval given and any conditions imposed by the Commissioner of Police pursuant to section 4B.

(9)  In this section:

ambulance vehicle includes any motor vehicle or trailer used in the provision of ambulance services (as defined in the Ambulance Services Act 1976) and provided, conducted, operated or maintained by the Health Administration Corporation constituted by the Health Administration Act 1982.

motor vehicle includes a trailer.

4AAB   (Repealed)

4AB   Approved speed measuring devices

(1)  In proceedings for any offence in which evidence is given of a measurement of speed obtained by the use of an approved speed measuring device, a certificate purporting to be signed by a member of the police force certifying that:

(a)  the device is an approved speed measuring device within the meaning of the Act,

(b)  on a day specified in the certificate (being within the prescribed time before the alleged time of the offence) the device was tested in accordance with the regulations and sealed by a member of the police force, and

(c)  on that day the device was accurate and operating properly,

      is admissible and shall be prima facie evidence of the particulars certified in and by the certificate.

(2)  If a certificate which is so admissible is tendered in proceedings for an offence, evidence of the accuracy or reliability of the approved speed measuring device shall not be required in those proceedings unless evidence that the device was not accurate or not reliable has been adduced.

(3)  The Minister is not to recommend the making of an order by the Governor for the purposes of the definition of Approved speed measuring device in section 2 (1) except with the concurrence of the Attorney General.

(4)  A device which, immediately before the commencement of Schedule 1 (1) to the Traffic (Photographic Evidence) Amendment Act 1990, was an approved radar speed measuring device is to be taken to be an approved speed measuring device for the purposes of this Act.

4AC   Photographic evidence of speeding offence

(1)  In proceedings for an offence of driving at a speed in excess of a speed limit imposed by or under this Act or the regulations, evidence may be given of a measurement of speed obtained by the use of an approved speed measuring device and recorded by an approved camera recording device.

(2)  In proceedings where such evidence is given:

(a)  the provisions of section 4AB relating to the accuracy or reliability of the speed measuring device apply, and

(b)  subsections (3) and (4) apply in relation to the approved camera recording device.

(3)  A photograph tendered in evidence as a photograph taken by an approved camera recording device on a specified day at a specified location:

(a)  is to be accepted as having been so taken, unless evidence is adduced to the contrary, and

(b)  is prima facie evidence of the matters shown or recorded on the photograph.

(4)  When the photograph is tendered in evidence, a certificate purporting to be signed by a member of the police force and certifying the following particulars is also to be tendered in evidence and is prima facie evidence of those particulars:

(a)  that the member is authorised by the Commissioner of Police to install and inspect approved camera recording devices,

(b)  that within 84 hours before the time and day recorded on the photograph as the time at which and the day on which the photograph was taken, the member carried out the inspection specified in the certificate on the approved camera recording device that took the photograph,

(c)  that on that inspection the approved camera recording device was found to be operating correctly.

4AD   Sale, purchase and use of prohibited speed measuring evasion articles

(1)  A person must not sell or offer for sale, or purchase, a prohibited speed measuring evasion article.

Maximum penalty: 20 penalty units.

(2)  A person must not drive a motor vehicle, or cause a motor vehicle or trailer to stand, on a road or road related area if a prohibited speed measuring evasion article is fitted or applied to, or carried in, the vehicle.

Maximum penalty: 20 penalty units.

(3)  The owner of a motor vehicle or trailer which is driven or stands on a road or road related area in contravention of subsection (2) is guilty of an offence.

Maximum penalty: 20 penalty units.

(4)  It is a defence to a prosecution for an offence under this section if the defendant satisfies the court that the article concerned was not designed as a prohibited speed measuring evasion article but was designed for another purpose.

(5)  It is a defence to a prosecution for an offence under subsection (2) or (3) if the defendant satisfies the court that, at the time of the alleged offence:

(a)  the vehicle was in the course of a journey to a place appointed by a member of the police force, an officer of the Authority or a court, in order to surrender the article, or

(b)  the vehicle was the subject of a notice, issued in accordance with the regulations, requiring the owner of the vehicle to remove the article from the vehicle within a specified time and that time had not expired, or

(c)  the defendant did not know, and in the circumstances could not reasonably be expected to have known, that the article concerned was fitted or applied to, or was being carried in, the vehicle.

4AE   Surrender and forfeiture of prohibited speed measuring evasion articles

(1)  A police officer who reasonably believes that:

(a)  a prohibited speed measuring evasion article is being sold or offered for sale in contravention of section 4AD (1), or

(b)  a motor vehicle or trailer is standing or being driven in contravention of section 4AD (2) because of an article fitted or applied to, or carried in, the vehicle,

      may require a person in possession of the article to surrender it immediately to the police officer or, in the case of an article fitted or applied to a motor vehicle or trailer and not immediately removable, may by notice in writing served on the owner of the vehicle require the owner to surrender the article within a specified time and in a specified manner to the Commissioner of Police.

(2)  An officer of the Authority who is authorised in writing by the Authority for the purposes of this section and who finds a prohibited speed measuring evasion article fitted or applied to, or carried in, a motor vehicle or trailer may, by notice in writing served on the owner of the vehicle, require the owner to do either or both of the following:

(a)  remove the article (if it is fitted to the vehicle),

(b)  surrender the article within a specified time and in a specified manner to the Commissioner of Police.

(3)  A person must comply with a requirement under subsection (1) or (2), whether or not he or she is the owner of the article concerned.

Maximum penalty: 20 penalty units.

(4)  A court which finds an offence under section 4AD or under subsection (3) to have been proven against any person may order that the article concerned, if not already surrendered pursuant to a requirement under this section, be delivered to the Commissioner of Police within a time and in a manner specified by the court.

(5)  An article surrendered as required under this section is thereby forfeited to the Crown and may be destroyed or otherwise disposed of at the direction of the Commissioner of Police.

(6)  No liability attaches to any person on account of the surrender by the person, in pursuance of a requirement under this section, of a prohibited speed measuring evasion article of which that person is not the absolute owner.

4B   Races, attempts on speed records etc

(1) 

(a)  Any person who organises or promotes or takes part in:

(i)  any race between vehicles upon a road or road related area, or

(ii)  any attempt to break any vehicle speed record upon a road or road related area, or

(iii)  any trial of the speed of a vehicle upon a road or road related area, or

(iv)  any competitive trial designed to test the skill of any vehicle driver or the reliability or mechanical condition of any vehicle upon a road or road related area,

      shall be guilty of an offence under this Act, unless the approval in writing of the Commissioner of Police to the holding or making of the race, attempt or trial has been obtained.

(b)  The Commissioner of Police shall have power to grant or refuse such approval.

(c)  The Commissioner of Police may in any such approval impose any conditions he or she deems necessary in the interests of public safety and convenience.

Any such approval or conditions may be of general or limited application.

(d)  Where any person taking part in any such race, attempt or trial fails to observe or comply with any condition imposed as aforesaid, such person and the organiser or promoter of such race, attempt or trial shall be guilty of an offence under this Act.

(e)  This subsection shall not apply to any test of the slow running of a vehicle.

(2)  Where a person is convicted by a court of an offence under subsection (1) in relation to a motor vehicle or trailer:

(a)  except as provided by paragraph (b), the person is disqualified by the conviction and without any specific order for 12 months, or

(b)  if the court at the time of the conviction thinks fit to order a shorter or a longer period of disqualification—the person is disqualified for the period specified in the order,

      from holding a driver licence.

(2A)  Any disqualification under this section is in addition to any penalty imposed for the offence.

(3)  There shall be an appeal to a Local Court constituted by a Magistrate whose decision shall be final against:

(a)  the refusal to grant any approval under subsection (1),

(b)  any condition imposed upon the grant of any approval under such subsection.

The regulations may prescribe the manner of appeal and the Court to which it is to be brought.

4BA   Conduct associated with street and drag racing and other activities

(1)  A person who, on a road or road related area, operates a motor vehicle in such a manner as to cause the vehicle to undergo sustained loss of traction by one or more of the driving wheels (or, in the case of a motor cycle, the driving wheel) of the vehicle is guilty of an offence.

Maximum penalty: 5 penalty units.

(2)  A person who operates a motor vehicle contrary to subsection (1) knowing that any petrol, oil, diesel fuel or other inflammable liquid has been placed on the surface of the road or road related area beneath one or more tyres of the vehicle is guilty of an offence.

Maximum penalty: 7 penalty units.

(3)  In any proceedings for an offence under subsection (1) or (2), it is a defence if the person charged satisfies the court that the vehicle, although operated as referred to in subsection (1), was not so operated deliberately.

(4)  A person who, on a road or road related area, engages in conduct prescribed by regulations made for the purposes of this section, being conduct associated with the operation of a motor vehicle for speed competitions or other activities specified or described in the regulations, is guilty of an offence.

Maximum penalty: 5 penalty units.

(5)  Nothing in this section applies to the operation of a motor vehicle for the purposes of a race, attempt or trial undertaken in accordance with an approval given under section 4B by the Commissioner of Police.

Editorial note. The provisions of section 4BA continue in operation by a resolution passed by the Legislative Assembly on 17.6.1997 and the Legislative Council on 18.6.1997 in pursuance of section 4 of the Traffic Amendment (Street and Illegal Drag Racing) Act 1996.

4BB   Removal and impounding of vehicles used for certain offences

(1)  A police officer who reasonably believes that a motor vehicle:

(a)  is being or has (on that day or during the past 10 days) been operated on a road or road related area so as to commit an offence under section 4B or 4BA, or

(b)  is the subject of a period of impounding, or the subject of forfeiture, under section 4BC,

      may seize and take charge of the motor vehicle and cause it to be removed to a place determined by the Commissioner of Police.

(1A)  A motor vehicle may be seized under subsection (1) from:

(a)  a public place, or

(b)  any other place, with the consent of the owner or occupier of the place or under the authority of a search warrant issued under section 4BD.

(2)  For the purpose of exercising the powers conferred by subsection (1), a police officer may cause any locking device or other feature of the motor vehicle concerned that is impeding the exercise of those powers to be removed, dismantled or neutralised and may, if the driver or any other person will not surrender the keys to the vehicle, start the vehicle by other means.

(3)  Any motor vehicle removed to a place in accordance with subsection (1) may, subject to the regulations, be impounded at that place or may be moved to and impounded at any other place determined by the Commissioner of Police.

(4)  A motor vehicle that may be removed under subsection (1) or (3):

(a)  may be moved by its being driven, whether or not under power, or by its being towed or pushed, or in any other manner whatever, and

(b)  may be moved by one or more police officers or, at the direction of a police officer, by persons engaged by the Commissioner of Police, and may be impounded at premises under the control of the Commissioner or of another authority or person.

(5)  Schedule 2 has effect with respect to a motor vehicle impounded under this section.

(6)  The regulations may make provision for or with respect to requiring the owner or driver of a motor vehicle to pay a fee in relation to the towing of the vehicle under this section. The whole or any part of the fee that is unpaid may be recovered from the owner or driver of the motor vehicle by the Commissioner of Police as a debt due to the Crown in any court of competent jurisdiction. A certificate in writing given by a police officer as to the fact and cost of towing is evidence of those matters.

(7)  In this section:

public place includes any place that members of the public are entitled to use.

Editorial note. The provisions of section 4BB continue in operation by a resolution passed by the Legislative Assembly on 17.6.1997 and the Legislative Council on 18.6.1997 in pursuance of section 4 of the Traffic Amendment (Street and Illegal Drag Racing) Act 1996.

4BC   Impounding or forfeiture of vehicles on proof or admission of offence

(1)  A motor vehicle used in connection with an offence under section 4B or 4BA, being in either case the first offence by the offender under the provision concerned, that is found to be proven before any court is by the finding liable to be impounded for a period of 3 months, unless the court by order otherwise directs under subsection (3).

(2)  A motor vehicle used in connection with an offence under section 4B or 4BA, being in either case a second or subsequent offence by the offender under the provision concerned, that is found to be proven before any court is by the finding liable to be forfeited to the Crown, unless the court by order otherwise directs under subsection (3).

(3)  The court before which an offence under section 4B or 4BA is found to be proven may, for reasons of the avoidance of any undue hardship to any person or other injustice perceived by the court, by its order direct that a period of impounding imposed by this section be reduced or dispensed with, or that a forfeiture imposed by this section be commuted to a period of impounding.

(4)  The period for which a vehicle was impounded under section 4BB is to be reckoned as counting towards a period of impounding imposed by or under this section.

(5)  (Repealed)

(6)  Any impounding or forfeiture under this section is in addition to any other penalty that may be imposed for the offence concerned, but for the purposes of any rights of appeal against a penalty so imposed by the court finding the offence to be proven, the impounding or forfeiture is taken to be, or to be part of, that penalty.

(7)  For the purposes of this section, payment of the amount specified:

(a)  in a penalty notice prescribed under section 18B and issued in respect of an offence under section 4BA, or

(b)  in any process issued subsequent to such a penalty notice,

      as the amount that is payable in order to dispose of the alleged offence without having it dealt with by a court, has the same effect as a finding by a court that the offence was proven.

(8)  Schedule 2 has effect with respect to a motor vehicle impounded or forfeited under this section.

(9)  Subsections (1) and (2) do not apply to or in respect of an offence committed before the commencement of this section.

Editorial note. The provisions of section 4BC continue in operation by a resolution passed by the Legislative Assembly on 17.6.1997 and the Legislative Council on 18.6.1997 in pursuance of section 4 of the Traffic Amendment (Street and Illegal Drag Racing) Act 1996.

4BD   Search warrants

(1)  A police officer may apply to an authorised justice for a search warrant if the police officer has reasonable grounds for believing that there is or, within 72 hours, will be on any premises a motor vehicle that has been operated as referred to in section 4BB.

(2)  An authorised justice to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising a police officer named in the warrant:

(a)  to enter the premises, and

(b)  to search the premises for such a motor vehicle, and

(c)  to seize such a motor vehicle, and otherwise deal with it, in accordance with section 4BB.

(3)  Part 3 of the Search Warrants Act 1985 applies to a search warrant issued under this section.

(4)  In this section, authorised justice and premises have the same meanings as they have in the Search Warrants Act 1985.

4C   Schemes to assist children to cross roads or road related areas with safety

(1)  The Authority may:

(a)  from time to time give authorities for schemes, designed to assist children to cross roads or road related areas with safety, to be conducted by persons who are desirous of taking part in such schemes and are referred to in such authorities,

(b)  authorise any person or class of persons by whom such schemes may be conducted to exercise and discharge for the purposes of such schemes the powers, authorities, duties and functions specified in such authorities,

(c)  at any time revoke any such authority.

(2)  Each such scheme so authorised shall come into force upon the date specified in the scheme.

(3)  Any such scheme in force under this section may from time to time be amended or replaced by a subsequent scheme authorised in like manner.

(4)  The regulations may prescribe all matters necessary or convenient to be prescribed for the purpose of carrying out any scheme under this section. In particular, and without prejudice to the generality of the foregoing power, the regulations may for the purpose of carrying out any such scheme:

(a)  provide for “Stop” signs and the exhibition thereof,

(b)  provide for the placing of barriers across or partly across a road or road related area near a marked footcrossing or children’s footcrossing whilst a “Stop” sign is being exhibited,

(c)  prescribe conditions relating to the wearing or display of an insignia, badge, belt or other article of uniform by any persons taking part in the scheme.

(5)  Whilst a “Stop” sign is exhibited, as prescribed, at or near a marked footcrossing or children’s footcrossing and children are about to use, or are upon any portion of, the footcrossing, the driver or rider of a vehicle or horse facing such sign shall stop such vehicle or horse and cause it to remain stationary until all such children have completed the passage of the footcrossing. If the driver or rider fails to do so, he or she is guilty of an offence under this Act.

(6)  In any proceedings in any court evidence that a “Stop” sign was exhibited, as prescribed, by a person at or near a marked footcrossing or children’s footcrossing when children were about to use, or were upon, any portion of such footcrossing, shall be prima facie evidence that the exhibition of such sign by such person was authorised under this Act and the regulations.

4D   Traffic control signs

(1)  In this section traffic control sign means a standard, sign, notice or device in or similar to a form, or generally answering a description, prescribed for the purposes of this section and a reference to a road or road related area includes a reference to a road or road related area or part of a road or road related area for the time being designated as a shared traffic zone.

(2)  The Authority may, by notice in writing, give such a direction as, in its opinion, is necessary or desirable for the control of pedestrians or the drivers or riders of vehicles or horses on a specified road or road related area or specified roads or road related areas.

(2A)  A direction given under subsection (2) may be limited as to time, place or subject-matter.

(2B)  The Authority may from time to time, by notice in writing, vary or revoke a direction given under subsection (2).

(3)  A direction given under subsection (2) has effect only:

(a)  while there is erected or displayed on or near, or marked on, the road or road related area to which the direction relates a traffic control sign that is notice of the direction, or

(b)  where the direction relates to a network of 2 or more roads or road related areas within a defined area—while there is erected or displayed on or near, or marked on, each of the roads or road related areas that provides access to that area a traffic control sign that is notice of the direction.

(3A)  The fact that a direction given under subsection (2) relates to a network of roads or road related areas within a defined area does not preclude the erection or display of traffic control signs in accordance with subsection (3) (a).

(4)  The direction appearing upon, or prescribed as given by, a traffic control sign that is erected or displayed upon or near, or marked upon, a road or road related area with the authority of the Authority shall, whether the traffic control sign was so erected, displayed or marked before or after the commencement of section 3 of the Motor Traffic, Metropolitan Traffic and Transport (Amendment) Act 1968, be deemed to be a direction, for the time being in force, given pursuant to subsection (2) in relation to that road or road related area and the traffic control sign shall, for the purposes of subsection (3), be deemed to be notice of that direction.

(5)  Regulations may be made for and with respect to:

(a)  the control of pedestrians or the drivers or riders of vehicles or horses upon roads or road related areas by means of traffic control signs,

(b)  prescribing the form or description of traffic control signs,

(c)  the interpretation of words, figures, symbols or abbreviations appearing on a traffic control sign,

(d)  the direction represented by a sign or device comprising, or partly comprising, a traffic control sign,

(e)  the observance of a direction appearing on, or prescribed as being represented by, a traffic control sign.

(6)  Any person who:

(a)  without the authority of the Authority:

(i)  erects or displays upon or near, or marks upon, a road or road related area any traffic control sign, or

(ii)  interferes with, alters or removes any traffic control sign erected or displayed upon or near, or marked upon, a road or road related area, or

(b)  erects or displays upon or near, or marks upon, a road or road related area any standard, sign, notice or device that might reasonably be mistaken to be a traffic control sign,

      shall be guilty of an offence under this Act.

(7)  The Commissioner of Police or any member of the police force authorised by the Commissioner in that behalf may direct any person who contravenes subsection (6) to remove, within a time specified by the Commissioner when giving the direction, the standard, sign, notice or device in respect of which the contravention took place and any such person who fails to comply with such a direction within the time so specified shall be guilty of an offence under this Act.

(8)  Without affecting any liability of any person under subsection (6) or (7), the Commissioner of Police may remove, or cause to be removed, a standard, sign, notice or device erected, displayed or marked in contravention of subsection (6).

(9)  The allegation, in an information in respect of an offence under this Act or a breach of a regulation, that a standard, sign, notice or device was erected, displayed or marked with the authority of the Authority or that a standard, sign, notice or device was erected, displayed, marked, interfered with, altered or removed without the authority of the Authority, shall be accepted by the court as evidence of the truth of the allegation, unless the contrary is proved.

(10)  The provisions of this section shall be supplemental to, and not in derogation from, any other provision of this Act.

4DA   Photographic evidence of traffic light offences

(1)  In this section:

traffic control sign has the same meaning as it has in section 4D.

traffic light offence means an offence under the regulations of disobeying or failing to comply with a direction of a traffic control sign in the form of a traffic control light signal erected by authority of the Authority and displaying a red circle or a red arrow.

(2)  In proceedings for a traffic light offence:

(a)  a photograph tendered in evidence as a photograph taken by means of the operation, on a specified day, of an approved camera detection device installed at a specified location shall be deemed to have been so taken unless evidence is adduced to the contrary,

(b)  a photograph deemed to have been so taken shall be prima facie evidence of the matters shown or recorded on the photograph, and

(c)  evidence of the condition of the approved camera detection device shall not be required unless evidence that the device was not in proper condition has been adduced.

(3)  If a photograph referred to in subsection (2) is tendered in evidence in proceedings for a traffic light offence, a certificate purporting to be signed by a member of the police force certifying that:

(a)  the member is authorised by the Commissioner of Police to install and inspect approved camera detection devices,

(b)  on a day and at a time specified in the certificate (being within 84 hours before the time recorded on the photograph as the time at which the photograph was taken), the member carried out the inspection specified in the certificate on the approved camera detection device by means of which the photograph was taken, and

(c)  upon that inspection, the approved camera detection device was found to be properly operating,

      shall be tendered in evidence in those proceedings and shall be prima facie evidence of the particulars certified in and by the certificate.

4E   Prescribed concentration of alcohol in person’s blood

(1)  In this section:

driver licence does not (except in subsection (1B)) include a provisional licence or learner licence.

first-year provisional licence means a provisional licence issued under the Road Transport (Driver Licensing) Act 1998 to a person who has not previously held, for a period of 12 months or more, a driver licence authorising the person to drive a motor vehicle.

(1A)  A person who is the holder of a provisional licence issued under the Road Transport (Driver Licensing) Act 1998 shall, for the purposes of this section, be deemed to be the holder of a first-year provisional licence unless the person satisfies the court to the contrary.

(1B)  For the purposes of this section, a person is a special category driver in respect of a motor vehicle:

(a)  if the person:

(i)  is the holder of a learner licence, or

(ii)  is the holder of a first-year provisional licence,

      for motor vehicles of a class that includes that motor vehicle, or

(b)  if the person is not the holder of a licence which authorises the person to drive that motor vehicle because:

(i)  the person’s driver licence is suspended or has been cancelled, or

(ii)  the person has been disqualified from holding or obtaining a driver licence, or

(iii)  the person’s application for a driver licence has been refused, or

(iv)  the person (never having had authority to drive the vehicle in New South Wales by virtue of being the holder of a licence or permit issued in a place outside New South Wales) has never obtained a driver licence, or

(c)  if the person has no authority to drive that motor vehicle in New South Wales because:

(i)  the person is not the holder of a driver licence, and

(ii)  an authority which the person had to drive the vehicle in New South Wales by virtue of being the holder of a licence or permit issued in a place outside New South Wales is suspended or has been cancelled, or

(d)  if the person is under 25 years of age, unless the person has held a driver licence (apart from a learner licence) to drive a motor vehicle for a period of 3 years or more, or

(e)  if that motor vehicle is being driven for hire or reward, or in the course of any trade or business, as a public passenger vehicle within the meaning of the Passenger Transport Act 1990, or

(f)  if that motor vehicle is a coach or heavy motor vehicle, or

(g)  if that motor vehicle or trailer:

(i)  because it carries dangerous goods within the meaning of the Dangerous Goods Act 1975, is required by regulations under that Act, or under any code prescribed for the purposes of this paragraph by regulations under this Act, to have a sign exhibited on it, or

(ii)  carries any radioactive substance within the meaning of the Radiation Control Act 1990.

(1C)  For the purposes of this section, a person is a special category supervisor in respect of a motor vehicle if, were the person driving the motor vehicle, the person would be a special category driver in respect of the motor vehicle.

(1D)  Any person who, while there is present in the person’s blood the special range prescribed concentration of alcohol:

(a)  being a special category driver in respect of the motor vehicle, drives a motor vehicle, or

(b)  being a special category driver in respect of the motor vehicle, occupies the driving seat of a motor vehicle and attempts to put the motor vehicle in motion, or

(c)  being a special category supervisor in respect of the motor vehicle and the holder of a driver licence, occupies the seat in a motor vehicle next to a holder of a learner licence who is driving the vehicle,

      is guilty of an offence under this Act and is liable:

(d)  in the case of a first offence—to a penalty not exceeding 10 penalty units, or

(e)  in the case of a second or subsequent offence—to a penalty not exceeding 20 penalty units.

(1E)  Any person who while there is present in his or her blood the low range prescribed concentration of alcohol:

(a)  drives a motor vehicle, or

(b)  occupies the driving seat of a motor vehicle and attempts to put the motor vehicle in motion, or

(b1)  being the holder of a driver licence, occupies the seat in a motor vehicle next to a holder of a learner licence who is driving the vehicle,

      shall be guilty of an offence under this Act and shall be liable:

(c)  in the case of a first offence—to a penalty not exceeding 10 penalty units, or

(d)  in the case of a second or subsequent offence—to a penalty not exceeding 20 penalty units.

(1F)  Any person who while there is present in his or her blood the middle range prescribed concentration of alcohol:

(a)  drives a motor vehicle, or

(b)  occupies the driving seat of a motor vehicle and attempts to put the motor vehicle in motion, or

(b1)  being the holder of a driver licence, occupies the seat in a motor vehicle next to a holder of a learner licence who is driving the vehicle,

      shall be guilty of an offence under this Act and shall be liable:

(a)  in the case of a first offence—to a penalty not exceeding 20 penalty units or to imprisonment for a period not exceeding 9 months or to both such penalty and imprisonment, or

(b)  in the case of a second or subsequent offence—to a penalty not exceeding 30 penalty units or to imprisonment for a period not exceeding 12 months or to both such penalty and imprisonment.

(1G)  Any person who while there is present in his or her blood the high range prescribed concentration of alcohol:

(a)  drives a motor vehicle, or

(b)  occupies the driving seat of a motor vehicle and attempts to put the motor vehicle in motion, or

(b1)  being the holder of a driver licence, occupies the seat in a motor vehicle next to a holder of a learner licence who is driving the vehicle,

      shall be guilty of an offence under this Act and shall be liable:

(c)  in the case of a first offence—to a penalty not exceeding 30 penalty units or to imprisonment for a period not exceeding 18 months or to both such penalty and imprisonment, or

(d)  in the case of a second or subsequent offence—to a penalty not exceeding 50 penalty units or to imprisonment for a period not exceeding 2 years or to both such penalty and imprisonment.

(1H)  For the purposes of subsection (1D), (1E), (1F) or (1G), where a person is guilty of an offence under that subsection, that offence:

(a)  is a second or subsequent offence under that subsection if and only if, within the period of five years immediately before being convicted of that offence, the person was convicted of a major offence, and

(b)  otherwise shall be treated as a first offence.

(1I)  If, on a prosecution of a person for an offence under subsection (1F), the court is satisfied that, at the time the person did the act referred to in subsection (1F) (a), (b) or (b1), as the case may be, there was not present in the person’s blood the middle range prescribed concentration of alcohol but there was present in the person’s blood the low range prescribed concentration of alcohol, the court may convict the person of an offence under subsection (1E).

(1J)  If, on a prosecution of a person for an offence under subsection (1G), the court is satisfied that, at the time the person did the act referred to in subsection (1G) (a), (b) or (b1), as the case may be, there was not present in the person’s blood the high range prescribed concentration of alcohol but there was present in the person’s blood:

(a)  the middle range prescribed concentration of alcohol, the court may convict the person of an offence under subsection (1F), or

(b)  the low range prescribed concentration of alcohol, the court may convict the person of an offence under subsection (1E).

(1JA)  If, on a prosecution of a person for an offence under subsection (1E), (1F) or (1G), relating to driving a motor vehicle or to occupying the driving seat of a motor vehicle and attempting to put the motor vehicle in motion, the court is satisfied that, at the time the person drove the motor vehicle or occupied the driving seat and attempted to put the motor vehicle in motion:

(a)  the person was a special category driver in respect of the motor vehicle, and

(b)  there was not present in the person’s blood the high range prescribed concentration of alcohol, the middle range prescribed concentration of alcohol or the low range prescribed concentration of alcohol,

      but that there was present in the person’s blood the special range prescribed concentration of alcohol, the court may convict the person of an offence under subsection (1D).

(1K)  It is not a defence to a prosecution for:

(a1)  an offence under subsection (1D) if the defendant proves that, at the time the defendant did the act referred to in subsection (1D) (a), (b) or (c), as the case may be, there was present in the defendant’s blood a concentration of alcohol of 0.05 grammes or more in 100 millilitres of blood,

(a)  an offence under subsection (1E) if the defendant proves that, at the time he or she did the act referred to in subsection (1E) (a), (b) or (b1), as the case may be, there was present in the defendant’s blood a concentration of alcohol of 0.08 grammes or more in 100 millilitres of the defendant’s blood, or

(b)  an offence under subsection (1F) if the defendant proves that, at the time he or she did the act referred to in subsection (1F) (a), (b) or (b1), as the case may be, there was present in the defendant’s blood a concentration of alcohol of 0.15 grammes or more in 100 millilitres of the defendant’s blood.

(1L), (2)  (Repealed)

(2A)  Where a member of the police force has reasonable cause to believe that any person:

(a)  is or was driving a motor vehicle upon a road or road related area, or

(b)  is or was occupying the driving seat of a motor vehicle upon a road or road related area and attempting to put the motor vehicle in motion, or

(c)  being the holder of a driver licence, is or was occupying the seat in a motor vehicle next to a holder of a learner licence while the holder of the learner licence is or was driving the vehicle upon a road or road related area,

      a member of the police force may require that person to undergo a breath test in accordance with the directions of a member of the police force.

(2AA)  (Repealed)

(2B)  Without limiting any other power or authority, any member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle, and any person who fails to comply with any request or signal made or given pursuant to this subsection shall be guilty of an offence under this Act and shall be liable to a penalty not exceeding 10 penalty units.

(2C)  (Repealed)

(3)  Where:

(a)  it appears to a member of the police force in consequence of a breath test carried out under subsection (2A) by the member:

(i)  on a person the member has reasonable cause to believe is a special category driver in respect of the motor vehicle concerned—that the device by means of which the test was carried out indicates that there may be present in that person’s blood a concentration of alcohol of not less than 0.02 grammes in 100 millilitres of the blood, or

(ii)  on any person—that the device by means of which the test was carried out indicates that there may be present in that person’s blood a concentration of alcohol of not less than 0.05 grammes in 100 millilitres of the blood, or

(b)  a person required by a member of the police force under subsection (2A) to undergo a breath test refuses or fails to undergo that test in accordance with the directions of that member,

      that member may thereupon arrest that person without warrant and take that person or cause that person to be taken with such force as may be necessary to a police station or some other place as that member considers desirable and there detain the person or cause the person to be detained for the purposes of the provisions hereinafter in this section provided.

(4)  A member of the police force may require a person who has been arrested under subsection (3) to submit, in accordance with the directions of that member, to a breath analysis.

A breath analysis shall be carried out by a member of the police force authorised in that behalf by the Commissioner of Police at or near a police station or such other place as that member considers desirable.

(5)  A member of the police force shall not require a person to undergo a breath test or to submit to a breath analysis:

(a)  if that person has been admitted to hospital for medical treatment, unless the medical practitioner in immediate charge of his or her treatment has been notified of the intention to make the requisition and the medical practitioner does not object on the grounds that compliance therewith would be prejudicial to the proper care or treatment of that person,

(b)  if it appears to that member that it would by reason of injuries sustained by that person be dangerous to that person’s medical condition to undergo a breath test or submit to a breath analysis,

(c)  at any time after the expiration of two hours from the occurrence of the event by reason of which that member was entitled under subsection (2A) to require that person to undergo a breath test, or

(d)  at that person’s usual place of abode.

(6)  Any person who when required by a member of the police force to undergo a breath test under subsection (2A) refuses or fails to undergo the breath test in accordance with the directions of a member of the police force shall be guilty of an offence under this Act and shall be liable to a penalty not exceeding 10 penalty units.

(7)  Any person who:

(a)  upon being required under subsection (4) by a member of the police force to submit to a breath analysis refuses or fails to submit to that analysis in accordance with the directions of a member of the police force, or

(b)  between the time of the event referred to in subsection (2A) (a), (b) or (c) in respect of which the person has been required by a member of the police force to undergo a breath test and the time when the person undergoes that test or, if the person is required by a member of the police force to submit to a breath analysis, the time when the person submits to that analysis, wilfully does anything to alter the concentration of alcohol in the person’s blood,

      shall be guilty of an offence under this Act and shall be liable:

(c)  in the case of a first offence—to a penalty not exceeding 30 penalty units or to imprisonment for a period not exceeding 18 months or to both such penalty and imprisonment, or

(d)  in the case of a second or subsequent offence—to a penalty not exceeding 50 penalty units or to imprisonment for a period not exceeding 2 years or to both such penalty and imprisonment.

(7A)  For the purposes of subsection (7), where a person is guilty of an offence under that subsection, that offence:

(a)  is a second or subsequent offence under that subsection if and only if, within the period of 5 years immediately before being convicted of that offence, the person was convicted of a major offence, and

(b)  otherwise shall be treated as a first offence.

(8)  It shall be a defence to a prosecution for an offence under subsection (6) or (7) (a) if the defendant satisfies the court that the defendant was unable on medical grounds at the time the defendant was required to do so to undergo a breath test or to submit to a breath analysis, as the case may be.

(9) 

(a)  A person who is required pursuant to subsection (4) to submit to a breath analysis may request the member of the police force making the requisition to arrange for the taking, in the presence of a member of the police force, of a sample of that person’s blood for analysis at that person’s own expense, by a legally qualified medical practitioner nominated by the person or by a legally qualified medical practitioner nominated by that member at the person’s request, but the making of such a request or the taking of a sample of that person’s blood shall not absolve that person from the obligation imposed on the person to submit to a breath analysis in accordance with subsection (4).

(b)  A medical practitioner by whom a sample of a person’s blood is taken pursuant to an arrangement referred to in paragraph (a) shall divide the sample into two approximately equal parts of which one shall be handed to the person from whom it was taken or to some other person for the use and benefit of that person and one, enclosed in a suitable sealed container, shall be handed to the member of the police force present at the time the sample was taken.

(10)  As soon as practicable after a person has submitted to a breath analysis the member of the police force operating the breath analysing instrument shall deliver to that person a statement in writing signed by that member specifying:

(a)  the concentration of alcohol determined by the analysis to be present in that person’s blood and expressed in grammes of alcohol in 100 millilitres of blood, and

(b)  the day on and time of the day at which the breath analysis was completed.

(11)  In proceedings for an offence under subsection (1D), (1E), (1F) or (1G), evidence may be given of the concentration of alcohol present in the blood of the person charged, as determined by a breath analysing instrument operated by a member of the police force authorised in that behalf by the Commissioner of Police, and the concentration of alcohol determined as aforesaid shall be deemed to be the concentration of alcohol in the blood of that person at the time of the occurrence of the event referred to in subsection (2A) (a), (b) or (c), as the case may be, where the breath analysis was made within two hours after that event, unless the defendant proves that the concentration of alcohol in the defendant’s blood at that time was:

(a1)  in the case of an offence under subsection (1D), less than 0.02 grammes of alcohol in 100 millilitres of the blood,

(a)  in the case of an offence under subsection (1E), less than 0.05 grammes of alcohol in 100 millilitres of the defendant’s blood,

(b)  in the case of an offence under subsection (1F), less than 0.08 grammes of alcohol in 100 millilitres of the defendant’s blood, or

(c)  in the case of an offence under subsection (1G), less than 0.15 grammes of alcohol in 100 millilitres of the defendant’s blood,

      but nothing in this subsection affects the operation of subsection (1I), (1J) or (1JA).

(12) 

(a)  In proceedings for an offence under subsection (1D), (1E), (1F) or (1G) a certificate purporting to be signed by a member of the police force certifying that:

(i)  the member is authorised by the Commissioner of Police to operate breath analysing instruments,

(ii)  a person named therein submitted to a breath analysis,

(iii)  the apparatus used by the member to make the breath analysis was a breath analysing instrument within the meaning of this Act,

(iv)  the analysis was made on the day and completed at the time stated in the certificate,

(v)  a concentration of alcohol determined by that breath analysing instrument and expressed in grammes of alcohol in 100 millilitres of blood was present in the blood of that person on the day and at the time stated in the certificate, and

(vi)  a statement in writing required by subsection (10) was delivered in accordance with that subsection,

      shall be prima facie evidence of the particulars certified in and by the certificate.

(b)  In proceedings for an offence under this section a certificate purporting to be signed by the Commissioner of Police that the member of the police force named therein is authorised by the Commissioner of Police to operate breath analysing instruments shall be prima facie evidence of the particulars certified in and by the certificate.

(c)  In any proceedings for an offence under this section, evidence of the condition of a breath analysing instrument or the manner in which it was operated shall not be required unless evidence that the instrument was not in proper condition or was not properly operated has been adduced.

(13) 

(a)  The fact that a person has undergone a breath test or submitted to a breath test analysis, the result of a breath test or breath analysis or the fact that a person has been convicted of an offence under subsection (1D), (1E), (1F), (1G), (6) or (7) shall not, for the purposes of any contract of insurance, be admissible as evidence of the fact that that person was at any time under the influence of or in any way affected by intoxicating liquor or incapable of driving or of exercising effective control over a motor vehicle, but nothing in this subsection precludes the admission of any other evidence to show any such fact.

(b)  The provisions of this subsection have effect notwithstanding anything contained in any contract of insurance and any covenant, term, condition or provision therein is to the extent that the operation of this subsection is excluded, limited, modified or restricted, void.

(c)  Any covenant, term, condition or provision contained in any contract of insurance, to the extent that it purports to exclude or limit the liability of the insurer in the event of the owner or driver of a motor vehicle being convicted of an offence under this section, is void, but nothing in this subsection precludes the inclusion in a contract of insurance of any other covenant, term, condition or provision whereby the liability of the insurer is excluded or limited.

(14)  A person convicted of an offence:

(a)  under subsection (7), or

(b)  under section 5 (2),

      shall not be liable:

(c)  where the person has been convicted of an offence referred to in paragraph (a), to be convicted of an offence referred to in paragraph (b), or

(d)  where the person has been convicted of an offence referred to in paragraph (b), to be convicted of an offence referred to in paragraph (a),

      if the offence referred to in paragraph (a), and the offence referred to in paragraph (b), arose directly or indirectly out of the same circumstances.

(15)  Where by reason of the occurrence of an event referred to in subsection (2A) (a), (b) or (c) a person is required by a member of the police force to undergo a breath test and as a consequence thereof to submit to a breath analysis and the person submits to the breath analysis in accordance with the directions of a member of the police force, the person shall not be charged with an offence under section 5 (2), being the offence of driving a motor vehicle, at the time of that event, whilst the person was under the influence of intoxicating liquor or the offence of occupying the driving seat of a motor vehicle and attempting to put such motor vehicle in motion, at the time of that event, whilst the person was under the influence of intoxicating liquor.

4F   Blood samples to be taken in certain cases

(1)  Where a person of or above the age of 15 years attends at or is admitted into a hospital for examination or treatment in consequence of an accident upon a road or road related area (whether in New South Wales or elsewhere) involving a motor or other vehicle or a horse, it is the duty of any medical practitioner by whom the person is attended at the hospital to take as soon as practicable from the person a sample of the person’s blood for analysis, whether or not the person consents to the taking thereof.

(1A)  If there is no medical practitioner present to attend the person at the hospital, the blood sample is to be taken by a registered nurse who is attending the person and who is accredited by a hospital as competent to perform the sampling procedures.

(2)  This section does not require the taking of a sample of blood from a person involved in an accident upon a road or road related area involving a vehicle or horse unless the person was, at the time of the accident:

(a)  driving a motor vehicle involved in the accident, or

(b)  occupying the driving seat of a motor vehicle involved in the accident and attempting to put the motor vehicle in motion, or

(c)  a pedestrian involved in the accident, or

(d)  driving or riding a vehicle (not being a motor vehicle) involved in the accident, or

(e)  driving or riding a horse involved in the accident, or

(f)  the holder of a driver licence and occupying the seat in the motor vehicle next to a holder of a learner licence who was driving a motor vehicle involved in the accident.

(3)  A medical practitioner or nurse is not required by this section to take a sample of a person’s blood:

(a)  if a sample of the person’s blood has already been taken in accordance with this section by another medical practitioner or nurse, or

(b)  if the medical practitioner or nurse has been informed by a member of the police force or has reasonable grounds to believe that the sample is required to be taken for the purposes of section 5AA.

(4)  Where a medical practitioner or nurse fails to take a person’s blood sample as required by this section, he or she shall be guilty of an offence under this Act.

(5)  It is a defence to a prosecution for an offence under subsection (4) if the medical practitioner or nurse satisfies the court that:

(a)  he or she believed on reasonable grounds that the taking of blood from the person from whom he or she was required by this section to take a sample of blood would be prejudicial to the proper care and treatment of the person,

(b)  he or she did not believe that the person was of or above the age of 15 years and it was reasonable for him or her not to have so believed,

(c)  he or she did not believe that the person had attended at or been admitted into the hospital in consequence of an accident upon a road or road related area involving a vehicle or horse,

(d)  without limiting paragraph (c), he or she did not believe that the person was a person from whom he or she was required by this section to take a sample of blood and it was reasonable for him or her not to have so believed,

(da)  the requirement that he or she take a sample of blood from the person arose after the expiration of 12 hours after the accident concerned occurred or he or she believed on reasonable grounds that the requirement so arose,

(e)  he or she did not know, and could not with reasonable diligence have ascertained, which of 2 or more persons involved in an accident upon a road or road related area involving a vehicle or horse was or were a person or persons from whom he or she was required by this section to take a sample or samples of blood,

(f)  he or she was, by reason of the behaviour of the person, unable to take a sample of blood from the person at the time the person attended at or was admitted into the hospital or a reasonable time thereafter, or

(g)  there was reasonable cause for him or her not to take a sample of blood from the person in accordance with this section.

(6)  A person who hinders or obstructs a medical practitioner or nurse in attempting to take a sample of the blood of any other person in accordance with this section shall be guilty of an offence under this Act and shall be liable to a penalty not exceeding 20 penalty units.

(7)  Any person (other than a pedestrian or a person who was driving or riding a vehicle, not being a motor vehicle, or a horse, being a pedestrian or person involved in the accident concerned) who:

(a)  by reason of the person’s behaviour, prevents a medical practitioner or nurse from taking a sample of the person’s blood in accordance with this section, or

(b)  between the time of the accident concerned and the taking of a sample of the person’s blood in accordance with this section wilfully does anything to alter the concentration of alcohol in the person’s blood (except at the direction or under the supervision of a medical practitioner or nurse, or a person of a prescribed class or description, for the proper care and treatment of the person),

      shall be guilty of an offence under this Act and shall be liable:

(c)  in the case of a first offence—to a penalty not exceeding 30 penalty units or to imprisonment for a period not exceeding 18 months or to both such penalty and imprisonment, or

(d)  in the case of a second or subsequent offence—to a penalty not exceeding 50 penalty units or to imprisonment for a period not exceeding 2 years or to both such penalty and imprisonment,

      and, for the purposes of this subsection, where a person is guilty of an offence under this subsection, that offence:

(e)  is a second or subsequent offence under this subsection if and only if, within the period of 5 years immediately before being convicted of that offence, he or she was convicted of a major offence, and

(f)  otherwise shall be treated as a first offence.

(7A)  Any person (being a pedestrian or a person who was driving or riding a vehicle, not being a motor vehicle, or a horse, being a pedestrian or person involved in the accident concerned) who:

(a)  by reason of the person’s behaviour, prevents a medical practitioner or nurse from taking a sample of the person’s blood in accordance with this section, or

(b)  between the time of the accident concerned and the taking of a sample of the person’s blood in accordance with this section wilfully does anything to alter the concentration of alcohol in the person’s blood (except at the direction or under the supervision of a medical practitioner or nurse, or a person of a prescribed class or description, for the proper care and treatment of the person),

      shall be guilty of an offence under this Act and shall be liable to a penalty not exceeding 30 penalty units.

(7B)  It is a defence to a prosecution of a person for an offence under subsection (7) or (7A) of wilfully doing anything to alter the concentration of alcohol in the person’s blood if he or she satisfies the court that he or she did the thing after the expiration of 2 hours after the accident concerned occurred.

(8)  Any duty of a medical practitioner under this section and any relevant provisions of the regulations may be performed by a person acting under the supervision of the medical practitioner, and in that event the duty shall be deemed to have been performed by the medical practitioner.

(9)  A person convicted of an offence:

(a)  under subsection (7), or

(b)  under section 5 (2),

      shall not be liable:

(c)  where he or she has been convicted of an offence referred to in paragraph (a), to be convicted of an offence referred to in paragraph (b), or

(d)  where he or she has been convicted of an offence referred to in paragraph (b), to be convicted of an offence referred to in paragraph (a),

      if the offence referred to in paragraph (a), and the offence referred to in paragraph (b), arose directly or indirectly out of the same circumstances.

(10)  A person who has had a sample of blood taken in accordance with this section because of an accident is not to be charged with an offence under section 5 (2) if it is alleged as a component of the offence that the person was under the influence of alcohol and the offence relates to the same accident.

(11)  No civil or criminal liability is incurred by a medical practitioner or registered nurse in respect of anything properly and necessarily done by him or her in the course of taking a sample of the blood of a person where:

(a)  he or she believed on reasonable grounds that he or she was required to take the sample from the person under this section,

(b)  he or she believed on reasonable grounds that the person was involved in an accident upon a road or road related area (whether in New South Wales or elsewhere) involving a vehicle or horse and he or she did not know, and could not with reasonable diligence have ascertained, whether or not he or she was required to take the sample from the person under this section, or

(c)  he or she was informed by a member of the police force that the person was a person from whom he or she was required to take the sample under this section,

      nor by any person acting under the supervision of the medical practitioner as referred to in subsection (8).

(12)  In this section, a reference to a hospital includes a reference to any premises, institution or establishment prescribed as a hospital for the purposes of this section.

4G   Analysis of samples of blood

(1)  The medical practitioner or nurse by whom a sample of a person’s blood is taken in accordance with section 4F shall:

(a)  divide the sample into 2 approximately equal portions,

(b)  place each portion into a container,

(c)  fasten and seal each such container, and

(d)  mark or label each such container for future identification.

(2)  Of the 2 portions of a sample of blood:

(a)  one is to be used for any analysis under this section, and

(b)  the other is to be made available to or for the use and benefit of the person from whom the sample was taken.

(3)  The medical practitioner or nurse by whom a sample of a person’s blood is taken in accordance with section 4F shall, as soon as reasonably practicable after the sample is taken, arrange for a portion of the sample to be submitted for an analysis by an analyst to determine the concentration of alcohol in the blood.

(3A)  A medical practitioner who, in another State or Territory, takes a sample of blood:

(a)  from a person attended by the medical practitioner in consequence of an accident in New South Wales, and

(b)  in accordance with provisions of a law of that State or Territory that substantially correspond to the provisions of section 4F,

      may arrange for a portion of the sample to be submitted for an analysis by an analyst to determine the concentration of alcohol in the blood.

(4)  A member of the police force may arrange for a portion of a sample of a person’s blood taken in accordance with section 4F to be submitted for an analysis by an analyst to determine the concentration of alcohol, or of alcohol and other drugs, in the blood.

(4A)  A member of the police force may not make arrangements under subsection (4) for the analysis of a blood sample to determine the concentration in the blood of a drug other than alcohol except in circumstances where the member of the police force has reasonable grounds to believe that, at the time of the accident concerned, the person from whom the sample was taken was under the influence of a drug other than alcohol and where:

(a)  no member of the police force attended the scene of the accident that led to the taking of the sample, or

(b)  although a member or members of the police force attended the scene of the accident, there was no reasonable opportunity to require the person from whom the sample was taken to submit, in accordance with section 5AA, to an assessment of his or her sobriety.

(5)  An analyst to whom a portion of a sample of blood is submitted for analysis under this section may carry out an analysis of the portion to determine the concentration of alcohol (and, where required, of other drugs) in the blood.

(6)  An analysis referred to in subsection (5) may be carried out, and any act, matter or thing in connection with the analysis (including the receipt of the portion of the sample of blood to be analysed and the breaking of any seal securing the portion) may be done, by a person acting under the supervision of an analyst, and in that event shall be deemed to have been carried out or done by the analyst.

(7)  Any power or duty of a medical practitioner under this section and any relevant provisions of the regulations may be exercised or performed by a person acting under the supervision of the medical practitioner, and in that event the duty shall be deemed to have been exercised or performed by the medical practitioner.

(8)  In proceedings for an offence under section 4E (1D), (1E), (1F) or (1G) evidence may be given of the concentration of alcohol present in the blood of the person charged, as determined pursuant to an analysis under this section of a portion of a sample of that person’s blood, and the concentration of alcohol so determined shall be deemed to be the concentration of alcohol in the blood of that person at the time of the occurrence of the event referred to in section 4E (2A) (a), (b), or (c), as the case may be, where the sample of blood was taken within 2 hours after that event, unless the defendant proves that the concentration of alcohol in the defendant’s blood at that time was:

(a1)  in the case of an offence under section 4E (1D), less than 0.02 grammes of alcohol in 100 millilitres of the blood,

(a)  in the case of an offence under section 4E (1E), less than 0.05 grammes of alcohol in 100 millilitres of the defendant’s blood,

(b)  in the case of an offence under section 4E (1F), less than 0.08 grammes of alcohol in 100 millilitres of the defendant’s blood, or

(c)  in the case of an offence under section 4E (1G), less than 0.15 grammes of alcohol in 100 millilitres of the defendant’s blood,

      but nothing in this section affects the operation of section 4E (1I), (1J) or (1JA).

(9)  In proceedings for an offence under section 4E (1D), (1E), (1F) or (1G) a certificate purporting to be signed by a medical practitioner or nurse certifying any one or more of the following matters:

(a)  that he or she was a medical practitioner or nurse who attended a specified person who attended at or was admitted into a hospital as referred to in section 4F,

(b)  that he or she took a sample of the person’s blood in accordance with section 4F, and any relevant provisions of the regulations, on the day and at the time stated in the certificate,

(c)  that he or she dealt with the sample in accordance with subsection (1) and any relevant provisions of the regulations,

(d)  that he or she used equipment of a specified description in so taking and dealing with the sample,

(e)  that the container was sealed, and marked or labelled, in a specified manner,

      shall be prima facie evidence of the particulars certified in and by the certificate.

(10)  In proceedings for an offence under section 4E (1D), (1E), (1F) or (1G) a certificate purporting to be signed by a member of the police force certifying any one or more of the following matters:

(a)  that the member received a portion of a sample of a specified person’s blood taken in accordance with section 4F,

(b)  that the member arranged for the portion to be submitted for an analysis by an analyst to determine the concentration of alcohol in the blood,

(c)  that the container was sealed, and marked or labelled, in a specified manner,

      shall be prima facie evidence of the particulars certified in and by the certificate.

(11)  In proceedings for an offence under section 4E (1D), (1E), (1F) or (1G) a certificate purporting to be signed by an analyst certifying any one or more of the following matters:

(a)  that the analyst received, on a specified day, a portion of a sample of a specified person’s blood in a container submitted for analysis under this section,

(b)  that the container, as received by the analyst, was sealed, and marked or labelled, in a specified manner,

(c)  that on receipt by the analyst of the container, the seal was unbroken,

(d)  that the analyst carried out an analysis of the portion to determine the concentration of alcohol in the sample,

(e)  that the concentration of alcohol determined pursuant to the analysis and expressed in grammes of alcohol in 100 millilitres of blood was present in that sample,

(f)  that the analyst was, at the time of the analysis, an analyst within the meaning of this Act,

      shall be prima facie evidence:

(g)  of the particulars certified in and by the certificate,

(h)  that the sample was a portion of the sample of the blood of that specified person, and

(i)  that the portion had not been tampered with before it was received by the analyst.

(11A)  In proceedings for an offence under section 4E (1D), (1E), (1F) or (1G) a certificate purporting to be signed by a person who, in another State or Territory:

(a)  took a blood sample, or

(b)  analysed a blood sample,

      in accordance with provisions of a law of that State or Territory that substantially correspond to the provisions of section 4F or of this section is prima facie evidence of the particulars certified in and by the certificate, and an analysis to which any such certificate relates shall be taken to be an analysis under this section.

(12)  The result of an analysis under this section shall not, for the purpose of any contract of insurance, be admissible as evidence of the fact that a person was at any time under the influence of or in any way affected by intoxicating liquor or incapable of driving or of exercising effective control over a vehicle or horse, but nothing in this section precludes the admission of any other evidence to show any such fact.

(13)  The provisions of subsection (12) have effect notwithstanding anything in any contract of insurance and any covenant, term, condition or provision therein is, to the extent that the operation of that subsection is excluded, limited, modified or restricted, void.

(14)  Any medical practitioner or nurse who fails to comply with subsection (1) or (3) shall be guilty of an offence under this Act.

5   Offences

(1)  Any driver or rider of a vehicle or horse who, when required by a member of the police force in the execution of his or her duty under this Act or the regulations to produce his or her licence (in the case of the driver of a motor vehicle) and state his or her name and place of abode refuses to do so, or, when so required, states a false name or place of abode, shall be guilty of an offence under this Act.

(1A)  In subsection (1), a reference to a driver of a vehicle (in the case of a motor vehicle) includes, where the driver is the holder of a learner licence and the motor vehicle is not a motor cycle, a reference to a holder of a driver licence occupying the seat in or on the motor vehicle next to the driver.

(1B)  Where the driver of a motor vehicle (other than a motor cycle) is the holder of a learner licence, any person occupying the seat in or on the motor vehicle next to the driver must, when required to do so by a police officer or a person authorised in writing by the Authority for the purposes of this section, produce the person’s driver licence and state the person’s true name and place of abode. A person who does not comply with this requirement is guilty of an offence under this Act.

(1C)  A person accompanying another person who is attending a district registry for the purpose of undergoing any test or examination required by the regulations must, on request, produce his or her driver licence and state his or her true name and place of abode if:

(a)  the request is made by a police officer or a person authorised in writing by the Authority for the purposes of this section, and

(b)  the person making the request believes on reasonable grounds that the person accompanying the person who is to undergo the test or examination has been giving driving instruction to that person.

A person who does not comply with such a request is guilty of an offence under this Act.

(2)  Any person who, while under the influence of alcohol or any other drug:

(a)  drives a vehicle,

(b)  occupies the driving seat of a vehicle and attempts to put such vehicle in motion, or

(c)  being the holder of a driver licence (other than a provisional licence or a learner licence), occupies the seat in or on a motor vehicle next to a holder of a learner licence who is driving the motor vehicle,

      shall be guilty of an offence under this Act and shall be liable:

(d)  in the case of an offence to which paragraph (c) relates—to a penalty not exceeding 20 penalty units, or

(e)  in the case of a first offence to which paragraph (a) or (b) applies—to a penalty not exceeding 20 penalty units or to imprisonment for a period not exceeding 9 months or to both such penalty and imprisonment, or

(f)  in the case of a second or subsequent offence to which paragraph (a) or (b) applies—to a penalty not exceeding 30 penalty units or to imprisonment for a period not exceeding 12 months or to both such penalty and imprisonment.

(2AA)  For the purposes of subsection (2), if a person is guilty of an offence under subsection (2) (a) or (b), that offence:

(a)  is a second or subsequent offence if and only if, within the period of 5 years immediately before being convicted of that offence, the person was convicted of a major offence, or

(b)  otherwise is to be treated as a first offence.

(2A)  Where a person is charged with an offence under subsection (2):

(a)  the information may allege the person was under the influence of more than one drug and is not liable to be dismissed on the ground of uncertainty or duplicity if each of those drugs is described in the information, and

(b)  the offence is proved if the court is satisfied beyond reasonable doubt that the defendant was under the influence of:

(i)  a drug described in the information, or

(ii)  a combination of drugs any one or more of which was or were described in the information.

(3)  Where the driver of a motor vehicle is alleged to be guilty of an offence under this Act or any regulation:

(a)  the owner of the vehicle, or the person in whose name it is registered, or the person having the custody of the vehicle, shall, when required so to do by a member of the police force, forthwith give information (which shall, if so required, be given in the form of a statement in writing signed by such owner or person) as to the name and place of abode of such driver, and if any such owner or person fails to do so he or she shall be guilty of an offence under this Act, unless he or she proves to the satisfaction of the court that he or she did not know and could not with reasonable diligence have ascertained such name and place of abode, and

(b)  any other person shall, if required as aforesaid, give any information which it is in the person’s power to give and which may lead to the identification of such driver and, if the person fails to do so, the person shall be guilty of an offence under this Act.

(4)  Where a statement in writing purporting to be furnished under subsection (3) (a) and to contain particulars of the name and place of abode of the driver of a motor vehicle at the time of commission of an alleged offence under this Act or any regulation is produced in any court in proceedings against the person named therein as the driver for such offence, the statement shall, if such person does not appear before the court, be evidence without proof of signature that the person was the driver of such vehicle at such time.

5AA   Samples for detecting drugs

(1)  Where:

(a)  a person has undergone a breath test in accordance with section 4E, and

(b)  the result of the test does not permit the person to be required to submit to a breath analysis,

      a member of the police force may require the person to submit to an assessment of his or her sobriety in accordance with the directions of a member of the police force.

(2)  The person shall not be required to submit to the assessment unless:

(a)  a member of the police force has a reasonable belief that, by the way in which the person:

(i)  is or was driving a motor vehicle upon a road or road related area, or

(ii)  is or was occupying the driving seat of a motor vehicle upon a road or road related area and attempting to put the vehicle in motion,

      the person may be under the influence of a drug, and

(b)  the assessment is carried out by a member of the police force at or near the place where the person underwent the breath test.

(3)  If the person refuses to submit to the assessment or, after the assessment has been made, a member of the police force has a reasonable belief that the person is under the influence of a drug, the member may:

(a)  arrest that person without warrant, and

(b)  take the person or cause the person to be taken with such force as may be necessary to a hospital or a prescribed place and there detain the person or cause the person to be detained for the purposes of the following subsections.

(4)  Except as provided by subsection (5), a member of the police force may require a person who has been so arrested to provide samples of the person’s blood and urine, whether or not the person consents to them being taken, in accordance with the directions of a medical practitioner, who shall be informed by the member that the samples are required to be taken for the purposes of this section.

(5)  A member of the police force shall not require a person to submit to an assessment or to provide a sample:

(a)  if the person has been admitted to hospital for medical treatment, unless the medical practitioner in immediate charge of the person’s treatment has been notified of the intention to make the requirement and the medical practitioner does not object on the grounds that compliance would be prejudicial to the proper care and treatment of the person,

(b)  if it appears to that member that it would, because of the person’s injuries, be dangerous to the person’s medical condition to submit to the assessment or provide the sample,

(c)  at any time after the expiration of 2 hours from the occurrence of the event referred to in subsection (2) (a) (i) or (ii) because of which the member was entitled to require the person to submit to the assessment or provide the sample, or

(d)  at the person’s home.

(6)  The medical practitioner by whom or under whose directions a sample of blood or urine is taken in accordance with this section shall:

(a)  divide the sample into 2 approximately equal portions,

(b)  place each portion into a container,

(c)  fasten and seal each such container, and

(d)  mark or label each such container for future identification.

(7)  Of the 2 sealed containers:

(a)  one shall be handed by the medical practitioner to the person from whom it was taken or to some other person on behalf of that person, and

(b)  the other shall be handed by the practitioner to the member of the police force present when the sample was taken and forwarded to a prescribed laboratory for analysis by an analyst to determine whether the blood or urine contains a drug.

(8)  An analyst at a prescribed laboratory to whom any blood or urine is submitted for analysis under this section or any blood is submitted under section 4G may carry out an analysis of the blood or urine to determine whether it contains a drug.

(9)  Any duty of a medical practitioner under this section and any relevant provisions of the regulations may be performed by a person acting under the supervision of the practitioner and, in that event, the duty shall be deemed to have been performed by the practitioner.

(10)  An analysis under this section may be carried out, and anything in connection with the analysis (including the receipt of the blood or urine to be analysed and the breaking of any seal) may be done, by a person acting under the supervision of an analyst and, in that event, shall be deemed to have been carried out or done by the analyst.

5AB   Evidence of presence of drugs

(1)  In proceedings for an offence under section 5 (2):

(a)  evidence may be given of:

(i)  the presence of a drug, or

(ii)  the presence of a particular concentration of a drug,

      in the blood or urine of the person charged, as determined pursuant to an analysis under section 4G or 5AA of part of a sample of the person’s blood or urine, and

(b)  the drug the presence of which is so determined or the particular concentration of the drug the presence of which is so determined, as the case may be, shall be deemed to have been present in the blood or urine of that person when the event referred to in section 5 (2) (a) or (b), as the case may be, occurred,

      where the sample was taken within 2 hours after the event, unless the defendant proves the absence of the drug, or the presence of the drug in a different concentration, when the event occurred.

(2)  In proceedings for an offence under section 5 (2), a certificate purporting to be signed by a medical practitioner or nurse certifying any one or more of the following matters:

(a)  that the practitioner or nurse was a medical practitioner or nurse who attended a specified person who attended at or was admitted into a hospital or a prescribed place as referred to in section 5AA or 4F,

(b)  that the practitioner or nurse took a sample of the person’s blood or urine in accordance with section 5AA or 4F and any relevant provisions of the regulations, on the day and at the time stated in the certificate,

(c)  that the practitioner or nurse dealt with the sample in accordance with section 5AA or 4G and any relevant provisions of the regulations,

(d)  that the container was sealed, and marked or labelled, in a specified manner,

      is prima facie evidence of the particulars certified in and by the certificate.

(3)  In proceedings for an offence under section 5 (2), a certificate purporting to be signed by a member of the police force certifying any one or more of the following matters:

(a)  that the member received a part of a sample of a specified person’s blood or urine taken in accordance with section 5AA or 4F,

(b)  that the member arranged for the part to be submitted for an analysis by an analyst to determine whether any drug was present in the sample,

(c)  that the container was sealed, and marked or labelled, in a specified manner,

      is prima facie evidence of the particulars certified in and by the certificate.

(4)  In proceedings for an offence under section 5 (2), a certificate purporting to be signed by an analyst certifying any one or more of the following matters:

(a)  that the analyst received, on a specified day, a part of a sample of a specified person’s blood or urine in a container submitted for analysis under section 5AA or 4G,

(b)  that the container, as received by the analyst, was sealed, and marked or labelled, in a specified manner,

(c)  that on receipt by the analyst of the container, the seal was unbroken,

(d)  that the analyst carried out an analysis of the part to determine whether any drug was present in the sample,

(e)  that a specified drug ascertained pursuant to the analysis was present in that part and, if so certified, was present in that part in a specified concentration,

(f)  that the analyst was, at the time of the analysis, an analyst within the meaning of this Act,

      is prima facie evidence:

(g)  of the particulars certified in and by the certificate,

(h)  that the part was a part of the sample of the blood or urine of that specified person, and

(i)  that the part had not been tampered with before it was received by the analyst.

(4A)  Subsections (1)–(4):

(a)  do not apply to proceedings brought on a charge that, by the operation of section 4F (10), cannot be laid, and

(b)  do not enable evidence to be given of or in relation to:

(i)  the presence of a drug other than alcohol, or

(ii)  the presence of a particular concentration of a drug other than alcohol,

      in the blood of a person charged with an offence under section 5 (2), as determined by an analysis under section 4G, unless the court is satisfied that the analysis was not arranged in contravention of section 4G (4A).

(5)  The result of an analysis under section 5AA shall not, for the purpose of any contract of insurance, be admissible as evidence of the fact that a person was at any time under the influence of or in any way affected by a drug or incapable of driving or of exercising effective control over a motor vehicle, but nothing in section 5AA or this section precludes the admission of any other evidence to show any such fact.

(6)  The provisions of subsection (5) have effect notwithstanding anything in any contract of insurance and any covenant, term, condition or provision in it is, to the extent that the operation of that subsection is excluded, limited, modified or restricted, void.

5AC   Offences related to testing for drugs

(1)  Any person who, when required by a member of the police force to submit to an assessment under section 5AA, refuses or fails to submit to the assessment in accordance with the directions of a member of the police force is guilty of an offence under this Act and liable to a penalty not exceeding 10 penalty units.

(2)  Any person who:

(a)  upon being required under section 5AA by a member of the police force to provide samples of blood and urine:

(i)  refuses or fails to submit to the taking of the sample of blood, or

(ii)  refuses or fails to provide the sample of urine,

      in accordance with the directions of a medical practitioner, or

(b)  between the time of the event referred to in section 5AA (2) (a) (i) or (ii) in respect of which the person has been required by a member of the police force to submit to an assessment and the time when the person undergoes that assessment or, if the person is required by a member of the police force to provide a sample, the time when the person provides the sample, wilfully does anything to introduce, or alter the amount of, a drug in the person’s blood or urine,

      is guilty of an offence against this Act.

(2A)  A person who is guilty of an offence under subsection (2) is liable:

(a)  in the case of a first offence—to a penalty not exceeding 30 penalty units or to imprisonment for a period not exceeding 18 months or to both such penalty and imprisonment, or

(b)  in the case of a second or subsequent offence—to a penalty not exceeding 50 penalty units or to imprisonment for a period not exceeding 2 years or to both such penalty and imprisonment.

(2B)  For the purposes of subsection (2A), if a person is guilty of an offence under subsection (2), that offence:

(a)  is a second or subsequent offence if and only if, within the period of 5 years immediately before being convicted of that offence, the person was convicted of a major offence, or

(b)  otherwise is to be treated as a first offence.

(3)  It is a defence to a prosecution for an offence under subsection (1) or (2) (a) if the defendant satisfies the court that the defendant was unable on medical grounds when the defendant was required to do so to submit to an assessment or to provide a sample.

(4)  It is a defence to a prosecution of a person for an offence under subsection (2) (b) of wilfully doing anything to introduce, or alter the amount of, a drug in the person’s blood or urine if the person satisfies the court that the thing was done more than 2 hours after the time of the event referred to in section 5AA (2) (a) (i) or (ii).

(5)  A person convicted of an offence:

(a)  under subsection (2), or

(b)  under section 5 (2),

      is not liable:

(c)  where the person has been convicted of an offence referred to in paragraph (a), to be convicted of an offence referred to in paragraph (b), or

(d)  where the person has been convicted of an offence referred to in paragraph (b), to be convicted of an offence referred to in paragraph (a),

      if the offence referred to in paragraph (a) and the offence referred to in paragraph (b) arose directly or indirectly out of the same circumstances.

(6)  Where a medical practitioner is informed by a member of the police force in accordance with section 5AA that a sample is required to be taken for the purposes of that section, the practitioner is guilty of an offence under this Act if the practitioner:

(a)  fails to take the sample, or

(b)  fails to comply with any requirement made by section 5AA (6) or (7) in relation to the sample.

(7)  It is a defence to a prosecution for an offence under subsection (6) if the medical practitioner satisfies the court that:

(a)  the practitioner believed on reasonable grounds that the taking of the sample from the person would be prejudicial to the proper care and treatment of the person,

(b)  the practitioner did not believe that the person was of or above the age of 15 years and it was reasonable for the practitioner not to have so believed,

(c)  the practitioner was, because of the behaviour of the person, unable to take the sample, or

(d)  there was other reasonable cause for the practitioner not to take the sample.

(8)  A person who hinders or obstructs a medical practitioner in attempting to take a sample of the blood or urine of any other person in accordance with section 5AA is guilty of an offence under this Act and liable to a penalty not exceeding 20 penalty units.

(9)  No civil or criminal liability is incurred by a medical practitioner in respect of anything properly and necessarily done by the practitioner in the course of taking a sample of blood or urine from a person for the purpose of its being used by an analyst to detect the presence of any drug, where the practitioner:

(a)  believed on reasonable grounds that he or she was required under this Act to take the sample of blood or urine from the person, or

(b)  was informed by a member of the police force that the person was a person from whom the practitioner was required under this Act to take the sample of blood or urine,

      nor by any person acting under the supervision of the medical practitioner as referred to in section 5AA (9).

5A   Detention of vehicle in certain cases

Any member of the police force may take charge of and remove any vehicle in respect of which an offence has been committed against section 4E or section 5 (2) to any convenient place for safe keeping, and the court adjudicating may, if it be of opinion that there was reasonable cause for such taking charge, removal and safe keeping, order the costs, charges and expenses thereof to be paid by the offender.

5B, 5C   (Repealed)

6   Driver must be licensed

(1)  Any person who, unless exempted by the regulations:

(a)  drives a motor vehicle upon any road or road related area without being licensed for that purpose, or

(b)  employs or permits any person not so licensed to drive a motor vehicle upon any road or road related area, or

(c)  (Repealed)

      shall be guilty of an offence under this Act.

(1A)  (Repealed)

(1B)  A person who is guilty of an offence under subsection (1) is, except as provided in subsection (1C), liable to a penalty not exceeding 20 penalty units.

(1C)  A person who is guilty of an offence under subsection (1) (a) is, if the person has never been licensed, guilty of an offence under this subsection and is liable:

(a)  in the case of a first offence—to a penalty not exceeding 20 penalty units, or

(b)  in the case of a second or subsequent offence—to a penalty not exceeding 30 penalty units or to imprisonment for a period not exceeding 18 months or to both such penalty and imprisonment.

(1D)  If a person is convicted of an offence under subsection (1C) (being a second or subsequent offence), the person is disqualified by the conviction (and without any specific order) for a period of 3 years from holding a driver licence. The disqualification is in addition to any penalty imposed for the offence.

(1E)  For the purposes of subsection (1C), a person has not been licensed in connection with an offence if the person has not held a driver licence (or equivalent) of any kind in Australia for the period of at least 5 years immediately before being convicted of the offence.

(1F)  For the purposes of subsections (1C) and (1D), an offence under subsection (1C) is a second or subsequent offence if:

(a)  it is the second or subsequent occasion on which the person is convicted of the offence within the period of 5 years immediately before being convicted of the offence, or

(b)  it is the first occasion on which the person is convicted of the offence, but within the period of 5 years immediately before being convicted of the offence, the person was convicted of an offence under section 7A.

(1G)  A person who has never been licensed cannot be convicted under both this section and section 7A in respect of driving on the same occasion, but nothing in this section prevents such a person from being convicted of an offence under section 7A in respect of driving that constitutes an offence under this section.

(1H)  A person cannot be convicted under both subsection (1) (a) and subsection (1C) in respect of driving on the same occasion. A person charged with an offence under subsection (1C) can be convicted instead of an offence under subsection (1) (a), but a person charged with an offence under subsection (1) (a) cannot be convicted instead of an offence under subsection (1C).

(2)  Subsection (1) does not apply to or in respect of a light rail vehicle.

6A   (Repealed)

6B   Parents not to cause or permit children to drive upon roads or road related areas

(1)  In this section:

child means a person who has not attained the age of 16 years and 9 months.

parent, in relation to a child, includes a guardian of the child and any other person who stands in loco parentis to the child.

(2)  Any parent of a child who, unless exempted by the regulations, causes or permits the child to drive a motor vehicle upon a road or road related area shall be guilty of an offence under this Act.

7   (Repealed)

7A   Offences committed by disqualified drivers etc

(1)  (Repealed)

(2)  Where a person is disqualified from holding or obtaining a driver licence or the person’s driver licence is suspended or cancelled or an application by the person for a driver licence is refused and the person:

(a)  during the period of disqualification drives a motor vehicle upon a road or road related area,

(b)  during the period of suspension drives upon a road or road related area a motor vehicle of the class to which the driver licence so suspended relates,

(c)  after such cancellation or refusal drives upon a road or road related area a motor vehicle of the class to which the licence so cancelled or the application so refused related without having subsequently obtained a driver licence for a motor vehicle of that class,

(d)  during the period of disqualification makes application for a driver licence and in respect of the application states his or her name falsely or incorrectly or omits to mention such disqualification,

(e)  during the period of suspension makes application for a driver licence for a motor vehicle of the class to which the driver licence so suspended relates and in respect of such application states his or her name falsely or incorrectly or omits to mention such suspension, or

(f)  after such cancellation or refusal makes application for a driver licence for a motor vehicle of the class to which the licence so cancelled or the application so refused related and in respect of the application states his or her name falsely or incorrectly or omits to mention such cancellation or refusal,

      the person is guilty of an offence and is liable:

(g)  in the case of a first offence—to a penalty not exceeding 30 penalty units or to imprisonment for a period not exceeding 18 months, or to both such penalty and imprisonment, or

(h)  in the case of a second or subsequent offence—to a penalty not exceeding 50 penalty units or to imprisonment for a period not exceeding 2 years, or to both such penalty and imprisonment.

Provided that where after such cancellation or refusal a person has obtained a driver licence for a motor vehicle of the class to which the licence so cancelled or the application so refused related by means of an application which stated his or her name correctly and mentioned such cancellation or refusal, it shall not be necessary for such person to mention such cancellation or refusal in any application for a driver licence for a motor vehicle of that class made by the person after the person has so obtained the driver licence.

(2A)  Subsection (2) (a), (b) and (c) do not apply to the driving of a motor vehicle in circumstances prescribed by the regulations.

(2B)  For the purposes of subsection (2), an offence under subsection (2) is a second or subsequent offence if:

(a)  it is the second or subsequent occasion on which the person is convicted of the offence within the period of 5 years immediately before being convicted of the offence, or

(b)  within that 5-year period, the person was convicted of a major offence or an offence under section 6 (1C).

(3)  Where a person is convicted of an offence under subsection (2) (a), (b), (c), (d) or (e), the person shall be disqualified by such conviction and without any specific order for the relevant disqualification period from the date of expiration of the existing disqualification or suspension or from the date of such conviction, whichever is the later, from holding a driver licence and may also be disqualified, for such additional period as the court may order, from holding a driver licence.

(3A)  The relevant disqualification period referred to in subsection (3) is:

(a)  in the case of a first offence under subsection (2)—12 months, or

(b)  in the case of a second or subsequent offence under subsection (2)—2 years.

(4)  The disqualification referred to in subsection (3) shall be in addition to any penalty imposed for the offence.

(5)  Subsection (2) applies to a person who is disqualified from holding a licence, or whose licence is suspended or cancelled, by a court in Australia or under any law in this State or another State or Territory.

7B   Offences relating to identification numbers of engines and other parts of motor vehicles or trailers

(1)  Any person:

(a)  not being the manufacturer, who without the written authority of the Authority and except as prescribed stamps or affixes or causes or permits any person to stamp or affix any identification number on or to the engine, engine block or other prescribed part of a motor vehicle or trailer, or

(b)  who, except as required or permitted by or under this Act, alters, defaces, removes, or obliterates any identification number stamped on or otherwise affixed to the engine, engine block or other prescribed part of a motor vehicle or trailer, or

(c)  who, without lawful authority or excuse, has in the person’s possession any engine, engine block or other prescribed part of a motor vehicle or trailer knowing that the identification number stamped thereon or otherwise affixed thereto has been altered, defaced, removed or obliterated otherwise than as required or permitted by or under this Act,

      shall be guilty of an offence under this Act and shall be liable to a penalty not exceeding 5 penalty units or to imprisonment for a period not exceeding six months or to both such penalty and imprisonment.

(2)  (Repealed)

7C   Power of entry for tracing stolen motor vehicles or trailers or parts thereof

(1)  A member of the police force authorised in that behalf by the Commissioner of Police may enter at any time any premises or place on which the business of carrying out repairs, resulting from accidents, to damaged motor vehicles or trailers is ordinarily carried on and may inspect any motor vehicle or trailer or part of a motor vehicle or trailer that is found by the member in or upon those premises or that place for the purpose of ascertaining whether or not it is a stolen motor vehicle or trailer or part.

(2)  Any person who wilfully delays or obstructs a member of the police force in the exercise of his or her authority under subsection (1) shall be guilty of an offence under this Act and shall be liable to a penalty not exceeding 5 penalty units.

8   Requirements in case of accidents

(1)  Where, owing to the presence of a vehicle or horse upon a road or road related area, an accident occurs whereby the death of or injury to any person, is caused the driver or rider of every vehicle or horse concerned in the accident shall stop and give any assistance which may be necessary and which it is in his or her power to give.

(2)  Any person knowingly acting in contravention of subsection (1) shall be guilty of an offence under this Act and shall be liable:

(a)  in the case of a first offence—to a penalty not exceeding 30 penalty units or to imprisonment for a period not exceeding 18 months or to both such penalty and imprisonment, or

(b)  in the case of a second or subsequent offence—to a penalty not exceeding 50 penalty units or to imprisonment for a period not exceeding 2 years or to both such penalty and imprisonment.

(2A)  For the purposes of subsection (2), where a person is guilty of an offence under that subsection, that offence:

(a)  is a second or subsequent offence under that subsection if and only if, within the period of 5 years immediately before being convicted of that offence, the person was convicted of a major offence, and

(b)  otherwise shall be treated as a first offence.

(3)  Where, owing to the presence of a vehicle or horse upon a road or road related area, an accident occurs whereby the death of or injury to any person is caused or whereby damage to an extent apparently in excess of fifty dollars, or where some other amount is prescribed such other amount, is caused to any property (including an animal in charge of any person or a vehicle), the driver or rider of every vehicle or horse concerned in the accident shall, unless he or she is unable by reason of personal injury to do so, stop and shall:

(a)  if required so to do by any person having reasonable grounds for so requiring produce his or her licence (if the driver of a motor vehicle involved in the accident) and give particulars of his or her name and place of abode, the distinguishing numbers or letters of the registration (if any) of the vehicle (if a motor vehicle or trailer) and the name and place of abode of the owner of such vehicle or horse,

(b)  if required so to do by any member of the police force, forthwith give such particulars as it is in his or her power to give as to the time, place and nature of the accident, the distinguishing numbers or letters of the registration (if any) of every motor vehicle or trailer concerned therein, the name and place of abode of every person who was concerned in or who witnessed the accident, and the extent of any injury or damage caused by or resulting from the accident,

(c)  as soon as practicable and in any case within twenty-four hours after the accident, at the police station nearest to the scene of the accident, give to the officer-in-charge the particulars mentioned in paragraph (b), except where such particulars have already been given by the person to a member of the police force.

(4)  Where, owing to the presence of a vehicle or horse upon a road or road related area, an accident occurs whereby damage to an extent apparently not in excess of fifty dollars, or where some other amount is prescribed such other amount, is caused to any property (including an animal in charge of any person or a vehicle), the provisions of subsection (3) with the exception of paragraph (c) of that subsection shall apply to the driver or rider of every vehicle or horse concerned in the accident.

(5)  Any person who fails to comply with any provision of subsection (3) or subsection (4) or who wilfully furnishes any false or misleading particulars in respect of any matter pursuant to either of such subsections shall be guilty of an offence under this Act.

Editorial note. Prescribed amount (subsections (3) and (4)): $500. See Regulation 130C of the Motor Traffic Regulations 1935.

8A   Motor vehicles or trailers not to be driven or used without consent of owner

Any person who drives or uses any motor vehicle or trailer without first obtaining the consent of the owner thereof shall be guilty of an offence under this Act and liable to a maximum penalty of 20 penalty units.

Provided that the provisions of this section shall not apply to a member of the police force in the execution of his or her duty under this Act or the regulations.

8B   Procuring or hire of motor vehicle or trailer by fraud etc

Any person who procures the use or hire of any motor vehicle or trailer by fraud or misrepresentation, and any person who aids or abets any such person, shall be guilty of an offence under this Act.

8C   Unsafe loads

(1)  A person is guilty of an offence if:

(a)  the person knows, or ought reasonably to know, that a motor vehicle or trailer is loaded unsafely, and

(b)  the person drives or causes or permits the motor vehicle or trailer to be driven or to stand on a road or road related area, and

(c)  death or personal injury to a person, or damage to property (other than the motor vehicle, trailer or load), occurs while the motor vehicle or trailer is being so driven or stood because it is loaded unsafely.

Maximum penalty: 50 penalty units, or 12 months’ imprisonment, or both, in the case of an individual or 100 penalty units, in the case of a corporation.

(2)  The owner of a motor vehicle or trailer is guilty of an offence if:

(a)  the motor vehicle or trailer is loaded unsafely and is driven or stood on a road or road related area, and

(b)  the owner knows, or ought reasonably to know, that the motor vehicle or trailer is loaded unsafely, and

(c)  death or personal injury to a person, or damage to property (other than the motor vehicle, trailer or load), occurs while the motor vehicle or trailer is being so driven or stood because it is loaded unsafely.

Maximum penalty: 50 penalty units, or 12 months’ imprisonment, or both, in the case of an individual or 100 penalty units, in the case of a corporation.

(3)  A person is guilty of an offence if:

(a)  the person is a director of, or a person concerned in the management of, a corporation that is the owner of a motor vehicle or trailer that is loaded unsafely and is driven or stood on a road or road related area, and

(b)  the person knows, or ought reasonably to know, that the motor vehicle or trailer is loaded unsafely, and

(c)  death or personal injury to a person, or damage to property (other than the motor vehicle, trailer or load), occurs while the motor vehicle or trailer is being so driven or stood because it is loaded unsafely.

Maximum penalty: 50 penalty units, or 12 months’ imprisonment, or both, in the case of an individual or 100 penalty units, in the case of a corporation.

(4)  It is a defence to a prosecution for an offence under this section if a person establishes that the person was not in a position to prevent the motor vehicle or trailer from being driven or stood on a road or road related area while loaded unsafely.

(5)  For the purposes of this section, a motor vehicle or trailer is loaded unsafely if:

(a)  a load on the motor vehicle or trailer is placed in a way that makes the motor vehicle or trailer unstable or unsafe, or

(b)  a load on the motor vehicle or trailer is not secured in such a way that it is unlikely to fall or be dislodged from the motor vehicle or trailer, or

(c)  an appropriate method is not used to secure a load on the motor vehicle or trailer.

(6)  In proceedings for an offence under this section, it is sufficient to prove that a motor vehicle or trailer was loaded unsafely if the prosecution proves that the load on the vehicle or trailer was not placed, secured or restrained in a way that met the performance standards recommended in the Load Restraint Guide—Guidelines for the safe carriage of loads on road vehicles published by the Australian Government Publishing Service on 12 December 1994.

(7)  In this section:

motor vehicle includes a combination consisting of a motor vehicle connected to one or more vehicles.

9   Production of licence at court

Whenever a licensed driver is charged with any breach of this Act, or the regulations, the driver shall produce his or her licence to the court at the time of hearing, and if such driver fails without reasonable excuse to produce his or her licence as aforesaid, the driver shall be guilty of an offence under this Act.

10   Court may impose penalty and disqualify driver on conviction

(1)  Any court before which a person is convicted of an offence under this Act for which no penalty is specifically provided may impose a penalty not exceeding 20 penalty units for the offence.

(2)  Subject to sections 4B, 6, 7A and 10A, where:

(a)  a person is convicted by a court of an offence against this Act or the regulations, and

(b)  at the time of the conviction, the court so orders,

      the person is disqualified from holding a driver licence for such period as the court specifies.

(3)  Any disqualification under this section is in addition to any penalty imposed for the offence.

(3A)–(3AB)  (Repealed)

(3B)  The regulations under the Road Transport (Driver Licensing) Act 1998 may provide that any driver licence held by a person who has been convicted of the offence of driving a motor vehicle upon a road or road related area at a speed which is dangerous to the public or of any offence under section 4A, shall in all cases or in prescribed classes of cases be subject to a condition limiting the licence to the driving of a motor vehicle to which is affixed a sealed device which will prevent the engine from propelling the vehicle at a speed in excess of sixty kilometres per hour. The regulations under the Road Transport (Driver Licensing) Act 1998 may provide a penalty for any breach of such condition and may prescribe any matter necessary or convenient to be prescribed in relation to any such device.

(4)  The court shall cause particulars of each conviction or order under this Act or the regulations to be forwarded to the Authority.

(5)  The provisions of section 556A of the Crimes Act 1900 shall not apply where a person is charged before a court with the offence under section 4 of driving negligently (being driving occasioning death or grievous bodily harm), section 4 of driving a motor vehicle upon a road or road related area furiously or recklessly or at a speed or in a manner which is dangerous to the public, or with an offence under section 4AA, section 4E (1D), (1E), (1F), (1G) or (7), section 5 (2) or section 8 (1), or with aiding, abetting, counselling or procuring the commission of any such offence, if at the time of or during the period of five years immediately before the court’s determination in respect of the charge (whether such period commenced before or commences after the commencement of the Motor Traffic (Amendment) Act 1951), the provisions of the said section 556A are or have been applied to or in respect of such person in respect of a charge for another offence (whether of the same or a different kind) of the class referred to in this subsection.

10A   Disqualification for certain major offences

(1)  This section applies to a person (referred to in this section as the convicted person) who:

(a)  is, in respect of the death of or bodily harm to another person caused by or arising out of the use of a motor vehicle driven by the firstmentioned person at the time of the occurrence out of which the death or harm arose, convicted of:

(i)  the crime of murder or manslaughter, or

(ii)  an offence under section 33, 35, 53 or 54 or any other provision of the Crimes Act 1900,

(a1)  is convicted of an offence under section 51A of the Crimes Act 1900,

(b)  is convicted of:

(i)  the offence under section 4 of driving a motor vehicle upon a road or road related area furiously or recklessly or at a speed or in a manner which is dangerous to the public, or

(ia)  the offence under section 4 of driving a motor vehicle negligently (being driving occasioning death or grievous bodily harm), or

(ii)  an offence under section 4AA, section 4E (1D), (1E) (a) or (b), (1F) (a) or (b), (1G) (a) or (b) or (7), section 4F (7), section 5 (2) (a) or (b), section 5AC (2) or section 8 (2), or

(c)  is convicted of aiding, abetting, counselling or procuring the commission of, or being an accessory before the fact to, any such crime or offence,

      any such conviction being referred to in this section as the conviction.

(2)  If, at the time of the conviction of the convicted person or during the period of 5 years before the conviction (whether that period commenced before or commences after the commencement of this section), the convicted person is not or has not been convicted of any other major offence (whether of the same or a different kind), then:

(a1)  (Repealed)

(a)  where the conviction is for an offence under section 4E (1D) or (1E):

(i)  the person shall be disqualified by the conviction and without any specific order for 6 months from holding a driver licence, or

(ii)  where the court upon the conviction thinks fit to order a shorter period (but not shorter than 3 months) of disqualification, the person shall be disqualified for such shorter period as may be specified in the order,

(b)  where the conviction is for an offence under section 4E (1F) or 5 (2):

(i)  the person shall be disqualified by the conviction and without any specific order for 12 months from holding any such licence, or

(ii)  where the court upon the conviction thinks fit to order a shorter period (but not shorter than 6 months) or longer period of disqualification, the person shall be disqualified for such period as may be specified in the order, or

(b1)  where the conviction is for an offence under section 5AC (2):

(i)  the person shall be disqualified by the conviction and without any specific order for 3 years from holding any such licence, or

(ii)  where the court upon the conviction thinks fit to order a shorter period (but not shorter than 6 months) or longer period of disqualification, the person shall be disqualified for such period as may be specified in the order, or

(c)  except as provided in paragraphs (a), (b) and (b1):

(i)  the person shall be disqualified by the conviction and without any specific order for a period of 3 years from holding any such licence, or

(ii)  where the court upon the conviction thinks fit to order a shorter period (but not shorter than 12 months) or longer period of disqualification, the person shall be disqualified for such period as may be specified in the order.

(3)  If, at the time of the conviction of the convicted person or during the period of 5 years before the conviction (whether that period commenced before or commences after the commencement of this section), the convicted person is or has been convicted of one or more other major offences (whether of the same or a different kind), then:

(a1)  (Repealed)

(a)  where the conviction is for an offence under section 4E (1D) or (1E):

(i)  the person shall be disqualified by the conviction and without any specific order for 12 months from holding a driver licence, or

(ii)  where the court upon the conviction thinks fit to order a shorter period (but not shorter than 6 months) or longer period of disqualification, the person shall be disqualified for such period as may be specified in the order,

(b)  where the conviction is for an offence under section 4E (1F) or 5 (2):

(i)  the person shall be disqualified by the conviction and without any specific order for 3 years from holding any such licence, or

(ii)  where the court upon the conviction thinks fit to order a shorter period (but not shorter than 12 months) or longer period of disqualification, the person shall be disqualified for such period as may be specified in the order, or

(b1)  where the conviction is for an offence under section 5AC (2):

(i)  the person shall be disqualified by the conviction and without any specific order for 5 years from holding any such licence, or

(ii)  where the court upon the conviction thinks fit to order a shorter period (but not shorter than 12 months) or longer period of disqualification, the person shall be disqualified for such period as may be specified in the order, or

(c)  except as provided in paragraphs (a), (b) and (b1):

(i)  the person shall be disqualified by the conviction and without any specific order for 5 years from holding any such licence, or

(ii)  where the court upon the conviction thinks fit to order a shorter period (but not shorter than 2 years) or longer period of disqualification, the person shall be disqualified for such period as may be specified in the order.

(4)  Where 2 or more convictions of a person are made, whether or not at the same time, for crimes or offences arising out of a single incident involving the use of a motor vehicle or trailer, then:

(a)  for the purpose of ascertaining which of subsections (2) and (3) should apply in relation to any such conviction, the other or others of those convictions shall be disregarded, and subsection (2) or (3), as the case may require, shall accordingly be the applicable subsection,

(b)  the maximum period of automatic disqualification in respect of all those crimes or offences shall be:

(i)  where subsection (2) is applicable—3 years, or

(ii)  where subsection (3) is applicable—5 years, and

(c)  any minimum period of ordered disqualification shall, in respect of those crimes or offences, be disregarded to the extent that the total period of ordered and (where relevant) automatic disqualification would exceed:

(i)  where subsection (2) is applicable—12 months, or

(ii)  where subsection (3) is applicable—2 years,

      but nothing in paragraph (c) prevents the court, if it thinks fit, from making any order it could have made if that paragraph had not been enacted.

(5)  Any disqualification under this section is in addition to any penalty imposed for the offence.

(6), (7)  (Repealed)

(8)  A reference in this section to:

(a)  automatic disqualification is a reference to disqualification under this section without specific order of a court, and

(b)  ordered disqualification is a reference to disqualification under this section ordered by a court.

10AA   Effect of disqualification

(1)  If, as a consequence of being convicted of an offence by a court, a person is disqualified (whether or not by an order of the court) from holding a driver licence, the disqualification operates to cancel, permanently, any driver licence held by the person at the time of his or her disqualification.

(2)  A disqualification to hold an Australian driver licence (within the meaning of the Road Transport (Driver Licensing) Act 1998) held under a law in force in another State or internal Territory by a person who holds a driver licence issued in this State is, for the purposes of subsection (1), to be treated as if it were a disqualification to hold the driver licence issued in this State.

(2A)  A person who is so disqualified must:

(a)  if present at the court (being a court in this State) and in possession of his or her driver licence—surrender the licence to the court immediately after being convicted, or

(b)  if present at the court (being a court in this State) but not in possession of the licence or if not present at the court—surrender the licence to the Authority as soon as practicable after being convicted, or

(c)  if the person is to be treated under subsection (2) as having been disqualified from holding a driver licence issued in this State—surrender the licence to the Authority as soon as practicable after being disqualified from holding the Australian driver licence referred to in that subsection.

(3)  No licence may be obtained by the person during the period of disqualification.

(4)  If a licence is surrendered to the court, the licence is to be delivered to the Authority.

(5)  If a person fails to surrender a licence as required by this section, the person is guilty of an offence against this Act.

10B   Suspension of licence by Commissioner of Police

(1)  The Commissioner of Police may suspend for a period not exceeding fourteen days the licence granted under any Act, regulation or ordinance to any driver who is in the Commissioner’s opinion an incompetent, reckless or careless driver, or of any driver or conductor who is found under the influence of liquor.

(2)  The said Commissioner shall forthwith notify the authority by which the licence was granted of the suspension and the grounds thereof and report to the authority whether in the Commissioner’s opinion a further suspension or the cancellation of the licence is warranted or is desirable in the interest of public safety.

(3)  Where a licence is suspended under this section the licence shall be surrendered by the holder and forwarded to the licensing authority with the notification of the suspension.

(4)  (Repealed)

10C   Immediate suspension of driver licence in certain circumstances

(1)  If a person is charged by a member of the Police Force with an offence under section 4E (1F), (1G) or (7) or section 4F (7), the same or another member of the Police Force may, at any time within 48 hours after the person has been charged, give the person a notice, in a form approved by the Authority:

(a)  informing the person that every driver licence held by the person is suspended:

(i)  on and from a date specified in the notice, or

(ii)  if the notice so specifies—immediately on receipt of the notice,

      until the charge is heard and determined by a court (or until the charge is withdrawn, if that should happen), and

(b)  informing the person of the right of appeal conferred by section 10E, and

(c)  requiring the person:

(i)  to surrender every such driver licence, on or before a date specified in the notice, to a member of the Police Force, or

(ii)  if the notice so specifies—to surrender every such driver licence in the person’s possession immediately to the member of the Police Force who gave the person the notice.

(2)  Any driver licences held by a person to whom a notice under this section is given are suspended, in accordance with the terms of the notice, until the charge is heard and determined by a court or withdrawn.

(3)  Particulars of each notice given under this section are to be forwarded to the Authority immediately after the notice is given.

(4)  A person who is given a notice under this section and who does not surrender his or her driver licences in compliance with the notice is guilty of an offence.

(5)  If on the determination of the charge by a court the person is disqualified from holding or obtaining a driver licence for a specified time:

(a)  the court must take into account the period of suspension under this section when deciding whether to make any order under section 10A, and

(b)  to the extent (if any) that the court so orders, a suspension under this section may be regarded as satisfying all or part of any mandatory minimum period of disqualification required by that section to be imposed when the charge is proved.

(6)  For the purposes of this section:

(a)  a person is charged with an offence when particulars of the offence are notified in writing to the person by a member of the Police Force, and

(b)  a charge is withdrawn when the person charged is notified in writing of that fact by a member of the Police Force or when it is withdrawn before the court, and

(c)  a charge is determined by a court when the offence is proved or the information is dismissed.

10D   Suspension of driving privileges of visiting driver

(1)  If:

(a)  a person is charged by a member of the Police Force with an offence under section 4E (1F), (1G) or (7) or section 4F (7), and

(b)  the person is not the holder of a driver licence but, being the holder of a licence or permit issued in a place outside New South Wales, has the benefit of any provision of the Road Transport (Driver Licensing) Act 1998 or any regulations under that Act conferring on the person authority to drive in New South Wales,

      the same or another member of the Police Force may, at any time within 48 hours after the person has been charged, give the person a notice, in a form approved by the Authority, informing the person:

(c)  that his or her authority to drive in New South Wales is suspended:

(i)  on and from a date specified in the notice, or

(ii)  if the notice so specifies—immediately on receipt of the notice,

      until the charge is heard and determined by a court or is withdrawn (if that should happen), and

(d)  of the right of appeal conferred by section 10E.

(2)  Any authority of a person to whom a notice under this section is given to drive in New South Wales is suspended, in accordance with the terms of the notice, until the charge is heard and determined by a court or withdrawn.

(3)  Particulars of each notice given under this section are to be forwarded to the Authority immediately after the notice is given.

(4)  For the purposes of this section:

(a)  a person is charged with an offence when particulars of the offence are notified in writing to the person by a member of the Police Force, and

(b)  a charge is withdrawn when the person charged is notified in writing of that fact by a member of the Police Force or when it is withdrawn before the court, and

(c)  a charge is determined by a court when the offence is proved or the information is dismissed.

10E   Appeal against suspension of driver licence

(1)  A person whose driver licence is suspended under section 10C, or whose authority to drive in New South Wales is suspended under section 10D, may, at any time before the charge that occasioned the suspension has been heard and determined by a court or withdrawn, appeal against the suspension to a Local Court constituted by a Magistrate.

(2)  The suspension is not stayed by lodgment of an appeal under this section.

(3)  The court:

(a)  is not to uphold the appeal unless it is satisfied that there are exceptional circumstances justifying a lifting of the suspension, and

(b)  is not, for the purposes of this subsection, to take into account the circumstances of the offence.

10EA   Habitual traffic offenders—mandatory disqualifications after 3 convictions within 5 years

(1)  In this section, a relevant offence means an offence committed after the commencement of this section, being:

(a)  any of the following offences of which a person has been convicted by a court in this State:

(i)  a major offence,

(ii)  an offence under section 4A (1A) or (5B),

(iii)  an offence under section 6 (1C),

(iv)  an offence under section 7A (2) (a), (b) or (c), or

(b)  an offence of which a person has been convicted by a court in another State or Territory that would be an offence of the kind referred to in paragraph (a) if it had been committed in this State.

A relevant offence includes an offence of the kind referred to in paragraph (a) in respect of which the charge is found proven (but without proceeding to a conviction) under section 556A of the Crimes Act 1900 if the offence would, if it were a relevant offence, give rise to the declaration of the person under this section as a habitual traffic offender. In that case, a reference in this section to the conviction of the person for a relevant offence includes a finding that the charge for the offence is proven.

(2)  A person is, by this section, declared to be a habitual traffic offender if:

(a)  a court in this State convicts the person of a relevant offence, and

(b)  the person has, in the period of 5 years before the conviction, also been convicted of at least 2 other relevant offences committed on different occasions.

(3)  The declaration of a person as a habitual traffic offender by this section may be quashed by a court that convicts the person of a relevant offence (at the time of the conviction or at a later time) if it determines that the disqualification imposed by the declaration is a disproportionate and unjust consequence having regard to the total driving record of the person and the special circumstances of the case.

(4)  If a person is declared by this section to be a habitual traffic offender, the person is disqualified by the declaration (and without any specific order of a court) for a period of 5 years from holding a driver licence, except as provided by this section.

(5)  If the court that convicts the person of the offence giving rise to the declaration thinks fit, the court may order a longer period of disqualification (including disqualification for life).

(6)  If the court that convicts the person of the offence giving rise to the declaration determines that a 5-year disqualification is a disproportionate and unjust consequence having regard to the total driving record of the person and the special circumstances of the case, the court may order a shorter period of disqualification (but not shorter than 2 years).

(7)  If a court quashes a declaration or orders a shorter or longer period of disqualification, the court must state its reasons for doing so.

(8)  A declaration or disqualification under this section cannot be appealed to any court whether under this or any other Act.

(9)  A disqualification under this section is in addition to any penalty imposed for the offence giving rise to the declaration.

(10)  A declaration of a habitual traffic offender ceases to be in force when the period of disqualification imposed by the declaration is completed.

(11)  The period of any disqualification under this section does not commence until all other disqualifications, and all other periods of licence cancellation or suspension, imposed on the person by or under this or any other Act have been completed.

(12)  Further declarations have effect by this section even though they occur while an existing declaration is in force, and the consequent periods of disqualification do not commence until all existing disqualifications under this section have been completed. It does not matter that some of the relevant offences giving rise to a further declaration also gave rise to an earlier declaration.

(13)  If, while an existing disqualification under this section is in force, the person is disqualified by a court or automatically under another provision of this or any other Act, that further disqualification does not commence until all existing disqualifications under this section have been completed.

(14)  The Authority is required to give a written warning to the holders of driver licences who are liable to be declared to be habitual traffic offenders if they are convicted of another relevant offence. The declaration of a habitual traffic offender is not invalid merely because of a failure to give the warning, but any such failure may be taken into account by a court when determining whether a declaration should be quashed.