Page 846 - Week 03 - Tuesday, 24 February 2009
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the bill, an incentive for drivers to pay off their fines earlier in order to avoid further periods of suspension. The bill also makes technical amendments with regard to traffic light offences in line with the Australian road rules. The opposition supports the bill.
MS BRESNAN (Brindabella) (10.10): The Greens will be supporting this bill. Its impact will be to advise people whose licence has been suspended of the consequences of further contraventions. The intention is to advise people of the cascading consequence of any decision they might make to continue to drive while their licence is suspended for whatever reasons. It will allow them to choose to manage their situation more effectively, such as paying off unpaid fines, organising for other transport options and so on.
I am not sure why this bill needs to be legislated and would have thought that it could have been handled as a regulation, in that it is an administrative action which would assist relevant people and does not, in fact, create or alter the definition of any offence. We often find complex details and prescriptions of offences and responsibilities prescribed in regulation on the basis that it is more convenient or efficient for government to manage complex regimes in that way. But here, when we are talking about a courtesy that is easy enough to set up and which will probably have some rolling benefit for people that are concerned, the government has formed the view that legislation is necessary. Nonetheless, I am happy to support this bill.
MR HARGREAVES (Brindabella—Minister for Disability and Housing, Minister for Ageing, Minister for Multicultural Affairs, Minister for Industrial Relations and Minister for Corrections) (10.11): The clauses in this bill amend provisions of the Road Transport (Driver Licensing) Act 1999 and the Road Transport (Driver Licensing) Regulation 2000 by inserting notice requirements for demerit point suspensions. It also makes minor technical amendments to the Road Transport (Safety and Traffic Management) Act 1999 relating to red light cameras. At the outset, let me make it clear that these amendments are not intended to change the policy regarding demerit point suspensions and red light cameras. Instead, they clarify the drafting of the amended provisions and improve their operation.
The first set of amendments deals with the demerit point system. Under the demerit point system, if a person incurs more than a specified number of demerit points for that person’s licence category, the person’s licence will be suspended or cancelled. When the relevant number of demerit points has been recorded the person is sent a notice advising that the person’s licence will be suspended or cancelled, as the case may be, from the date of effect set out in the notice.
Where a person’s licence has already been suspended under another law—for example, because the person failed to pay a fine and the person continues to drive and incurs enough demerit points to trigger a demerit point suspension or cancellation—he or she will not receive a notice about the demerit point suspension or cancellation until the person’s current suspension ends and the demerit points suspension or cancellation is about to begin. This means that in practice the driver may not receive a notice about the demerit point suspension or cancellation until after the current suspension is lifted, which may be months or longer after the person has committed
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