Motor Vehicles (Previous Offences) Amendment Bill 2024 (SA)

South Australia Motor Vehicles (Previous Offences) Amendment Bill 2024 A Bill For An Act to amend the Motor Vehicles Act 1959 and to make related amendments to the Road Traffic Act 1961.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Motor Vehicles Act 1959 3 Amendment of section 79B—Alcohol and drug dependency assessments and issue of licences 4 Amendment of section 81BB—Appeals to Magistrates Court 5 Amendment of section 81BC—Disqualification for certain offences relating to section 45C of the Road Traffic Act 1961 6 Amendment of section 81C—Disqualification for certain drink driving offences 7 Amendment of section 81D—Disqualification for certain drug driving offences 8 Amendment of section 139BD—Service and commencement of notices of disqualification Schedule 1—Related amendments and transitional provisions etc Part 1—Related amendment of Road Traffic Act 1961 1 Amendment of section 47B—Driving while having prescribed concentration of alcohol in blood 2 Amendment of section 47BA—Driving with prescribed drug in oral fluid or blood Part 2—Transitional provisions etc 3 Notices issued etc before commencement of Act 4 Notices issued after commencement of Act 5 Application of amendments to Road Traffic Act 1961

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Motor Vehicles (Previous Offences) Amendment Act 2024. 2—Commencement This Act comes into operation on the day on which it is assented to by the Governor.

Part 2—Amendment of Motor Vehicles Act 1959 3—Amendment of section 79B—Alcohol and drug dependency assessments and issue of licences Section 79B—after subsection (7) insert: (7a) For the avoidance of doubt, an offence may be taken into account as an offence committed or allegedly committed within the period of 5 years before the date of commission or alleged commission of an offence referred to in subsection (1)(a) or (2)(a)(i) (the disqualification offence) regardless of whether or not the person had been convicted of or expiated the offence at the time of commission of the disqualification offence. 4—Amendment of section 81BB—Appeals to Magistrates Court Section 81BB(1)—delete "or is liable to be" 5—Amendment of section 81BC—Disqualification for certain offences relating to section 45C of the Road Traffic Act 1961 (1) Section 81BC(1)(a) and (b)—delete "that is a second, third or subsequent offence" wherever occurring (2) Section 81BC(3)—after paragraph (a) insert: (ab) if the information available to the Registrar at the time indicates that the alleged offence is not a second or subsequent offence; or (3) Section 81BC—after subsection (3) insert: (3a) Where— (a) a person expiates an offence to which this section applies (the later offence); and (b) the information available to the Registrar at the time the Registrar becomes aware of that expiation indicates that it is not a second or subsequent offence; and (c) the Registrar subsequently becomes aware that the person has been convicted of or has expiated another offence to which this section applies (the previous offence) that was committed or allegedly committed before the later offence; and (d) the person would have received a notice under subsection (2) in respect of the later offence if the person had been convicted of or expiated the previous offence before they expiated the later offence (and if such information had been available to the Registrar at the time the Registrar became aware of the expiation of the later offence), the Registrar must, on becoming aware of those circumstances, give the person a notice under subsection (2) in respect of the later offence. (3b) The regulations may prescribe circumstances in which subsection (3a) will not apply or may modify the operation of subsection (3a) in prescribed circumstances. (4) Section 81BC(7)(b)(iii)—delete subparagraph (iii) and substitute: (iii) in any event, at the end of 6 months from the commencement of the relevant period, less any period of disqualification or suspension that has applied, or is applicable, to the person under section 45D of the Road Traffic Act 1961 in respect of the offence to which the notice under this section relates. (5) Section 81BC(8)—delete ", third" (6) Section 81BC—after subsection (8) insert: (8a) If a person expiates more than 1 offence to which this section applies at the same time, the person will, for the purposes of this section, be taken to have expiated the offences sequentially in the order in which the offences were allegedly committed (and the offences may be dealt with under this section accordingly as if the Registrar had become aware of the expiations in that order). (8b) For the avoidance of doubt, a person may be given a notice under this section in relation to a second or subsequent offence regardless of whether or not the person had been convicted of or expiated the previous offence or offences at the time of commission of the second or subsequent offence. 6—Amendment of section 81C—Disqualification for certain drink driving offences (1) Section 81C(1)—delete "a first offence or" (2) Section 81C(2)(a)—after "learner's permit for" insert: the relevant period being (3) Section 81C—after subsection (2) insert: (3) Subsection (2) does not apply if the information available to the Registrar at the time indicates that the alleged offence is not a second, third or subsequent offence. (4) Where— (a) a person expiates an offence to which this section applies (the later offence); and (b) the Registrar subsequently becomes aware that the person has been convicted of or expiated another offence to which this section applies (the previous offence) that was committed or allegedly committed before the later offence; and (c) if the person had been convicted of or expiated the previous offence before they expiated the later offence (and if such information had been available to the Registrar at the time the Registrar became aware of the expiation of the later offence)— (i) the person would have been given a notice under subsection (2) disqualifying them from holding or obtaining a licence or learner's permit for the relevant period; or (ii) the relevant period for which the person would have been disqualified by the notice under subsection (2) would have been longer, the Registrar must, on becoming aware of that fact, give the person written notice that— (d) the person is disqualified from holding or obtaining a licence or learner's permit— (i) in a case where paragraph (c)(i) applies—for the relevant period; or (ii) in any other case—for the prescribed additional period; and (e) if the person holds a licence or learner's permit when the notice takes effect—the licence or permit is cancelled. (5) The regulations may prescribe circumstances in which subsection (4) will not apply or may modify the operation of subsection (4) in prescribed circumstances. (4) Section 81C—after subsection (8) insert: (9) For the purposes of this section, the prescribed additional period for which a person is disqualified from holding or obtaining a licence or learner's permit by written notice under subsection (4)— (a) commences at the time the notice takes effect in accordance with section 139BD; and (b) ends at the end of the period equal to the difference between the following: (i) the relevant period for which the person would have been disqualified by the notice under subsection (2) if the person had been convicted of or expiated the previous offence before they expiated the later offence; (ii) the relevant period for which the person was disqualified by the notice given to them under subsection (2). (10) If a person expiates more than 1 offence to which this section applies at the same time, the person will, for the purposes of this section, be taken to have expiated the offences sequentially in the order in which the offences were allegedly committed (and the offences may be dealt with under this section accordingly). (11) For the avoidance of doubt, a person may be given a notice under this section in relation to a second, third or subsequent offence regardless of whether or not the person had been convicted of or expiated the previous offence or offences at the time of commission of the second, third or subsequent offence. 7—Amendment of section 81D—Disqualification for certain drug driving offences (1) Section 81D(2)(b)(i)—after "learner's permit for" insert: the relevant period being (2) Section 81D(2)(c)(i)—after "learner's permit for" insert: the relevant period being (3) Section 81D—after subsection (2) insert: (2a) Where— (a) a person expiates an offence to which this section applies (the later offence) and is given a notice under subsection (2)(a), (b) or (c) in respect of that offence; and (b) the Registrar subsequently becomes aware that the person has been convicted of or expiated another offence to which this section applies (the previous offence) that was committed or allegedly committed before the later offence; and (c) if the person had been convicted of or expiated the previous offence before they expiated the later offence (and if such information had been available to the Registrar at the time the Registrar became aware of the expiation of the later offence)— (i) the person would have been given a notice under subsection (2)(b) disqualifying them from holding or obtaining a licence or learner's permit for the relevant period; or (ii) the relevant period for which the person would have been disqualified by the notice under subsection (2)(b) or (c) would have been longer, the Registrar must, on becoming aware of that fact, give the person written notice that— (d) the person is disqualified from holding or obtaining a licence or learner's permit for the prescribed additional period; and (e) if the person holds a licence or learner's permit when the notice takes effect—the licence or permit is cancelled. (2b) The regulations may prescribe circumstances in which subsection (2a) will not apply or may modify the operation of subsection (2a) in prescribed circumstances. (4) Section 81D—after subsection (4) insert: (5) For the purposes of this section, the prescribed additional period for which a person is disqualified from holding or obtaining a licence or learner's permit by written notice under subsection (2a)— (a) commences at the time the notice takes effect in accordance with section 139BD; and (b) ends at the end of the period equal to the difference between the following: (i) the relevant period for which the person would have been disqualified by the notice under subsection (2) if the person had been convicted of or expiated the previous offence before they expiated the later offence; (ii) the period for which the person was disqualified in respect of the offence by the notice given to them under subsection (2) or by the notice of immediate licence disqualification or suspension under section 47IAA of the Road Traffic Act 1961 or by both such notices (as the case may be). (6) If a person expiates more than 1 offence to which this section applies at the same time, the person will, for the purposes of this section, be taken to have expiated the offences sequentially in the order in which the offences were allegedly committed (and the offences may be dealt with under this section accordingly). (7) For the avoidance of doubt, a person may be given a notice under this section in relation to a second, third or subsequent offence regardless of whether or not the person had been convicted of or expiated the previous offence or offences at the time of commission of the second, third or subsequent offence. 8—Amendment of section 139BD—Service and commencement of notices of disqualification (1) Section 139BD(8)—delete "subsection (9)" and substitute: subsections (9) and (9a) (2) Section 139BD—after subsection (9) insert: (9a) If, in accordance with subsection (8), 2 or more notices of disqualification would take effect at the same time, the notices of disqualification will instead take effect in the order determined by the Registrar, with each notice of disqualification taking effect on the termination of the prior disqualification or suspension.