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Legislative Assembly for the ACT: 1998 Week 10 Hansard (26 November) . . Page.. 3044 ..

MR SMYTH (continuing):

Mr Speaker, further amendments relate to the appeals provisions of the Motor Traffic Act 1936. An anomaly in the appeals provisions has been raised by the President of the Administrative Appeals Tribunal, and the Bill removes that anomaly. The amendment will effectively make the grounds on which the Registrar of Motor Vehicles can refuse to renew or cancel the registration of a motor vehicle consistent with those under which he or she could refuse to grant an original registration. This amendment will allow the Administrative Appeals Tribunal to consider appeals on consistent grounds, regardless of whether the registration has been refused or cancelled.

A further amendment to the appeal provisions will allow, largely for safety reasons, a stay to be granted on a decision of the registrar to cancel, suspend or not to renew the registration of a motor vehicle. This will apply where there is genuine dispute about the vehicle's condition or other good reason. This amendment is also based on advice from the President of the Administrative Appeals Tribunal.

The Bill also rectifies an anomaly relating to demerit points. The law relating to the application of demerit point penalties currently requires those points to be applied to the holder of a licence. In some cases this has allowed drivers to escape demerit point penalties because their licence was either suspended, cancelled or temporarily expired. Under the new rules, any demerit points accrued by an unlicensed person may be applied to their licence record. Demerit points will remain valid on a licence record for the same periods as apply to current licence holders. The amendment will ensure that demerit points are applied consistently to all drivers. Traffic offenders will no longer receive lesser penalties because of this technicality.

Finally, an amendment to the provisions relating to footcrossings controlled by traffic lights will align laws relating to them with both New South Wales and the proposed Australian Road Rules. These crossings will be defined as marked footcrossings in an amendment to the Traffic Act 1937. In mid-block situations, although similar to marked crossings at intersections, the lights have a flashing amber light phase. This phase allows traffic to drive through a crossing if no pedestrians are on it, thus improving traffic flow. The response required of motorists in relation to the flashing amber light is clearly spelt out in a table contained in the Act. The amendments in this Bill will also apply the same parking and overtaking requirements to marked footcrossings as apply to pedestrian and school crossings.

Mr Speaker, this series of amendments is a clear indication of the Government's commitment to improve road safety. It provides for efficient and consistent regulatory practice in the ACT. The Government intends to continue to demonstrate this commitment with practical and effective legislation.

Debate (on motion by Mr Hargreaves) adjourned.

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