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Legislative Assembly for the ACT: 1996 Week 8 Hansard (27 June) . . Page.. 2513 ..

As a result of the Land (Planning and Environment) (Consequential Provisions) Act 1991, the City Area Leases Act 1936 was repealed. The repealed Act defined "city area" for the purposes of the general speed limit of 60 km/h in the Motor Traffic Act 1936. An amendment is included to remove this anomaly.

Included in the provisions for the wearing of seat belts is an exemption from the mandatory requirement to have children appropriately restrained while in a Commonwealth car. The definition of a Commonwealth car is now outdated and no longer applicable, accordingly the definition has been amended to align with current identification of chauffeur driven Commonwealth cars.

Additional improvements include the removal of existing legislative anomalies in relation to refunds on licences or registration where a suspension has occurred as a result of fine default provisions in the Act. An amendment is provided to allow that refunds are not applicable for the period the licence or registration is suspended.

The Attorney-General's Department has advised the Registrar of Motor Vehicles that the appeal provisions in the Act need amending on the grounds of public safety. Currently a suspension of registration on the basis that a vehicle is defective can be held over until an appeal is heard. A similar situation arises in cases where licences may be suspended if granted in error. In these situations there is a very definite safety issue involved, and this Bill amends the Act to ensure that a suspension by the Registrar of Motor Vehicles is upheld pending an appeal determination, or withdrawal of the appeal.

The Act provides for the owner of an unregistered vehicle to obtain a temporary licence if the vehicle is required to be driven on a public street. A minor amendment is provided to require that this licence is displayed at all times during the validity period of the licence. The amendment is required to facilitate more efficient enforcement.

An amendment is provided to the licensing provisions to ensure demerit points are removed from the record following a suspension incurred under section 180U. This provision was inadvertently omitted when points demerit legislation was introduced.

Finally, a minor amendment makes appropriate additional decisions made by the Registrar subject to appeal.

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