Page 4429 - Week 10 - Thursday, 23 September 2010
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The need for these amendments has arisen in light of comments and a decision by the Chief Magistrate in the recent case of Davies v Jilbert. At the outset, it should be noted that this bill is not directed at the primary ground for decision in the Jilbert case. The government has already acted to fix the problem identified by the Chief Magistrate when he found that the suspension notice issued to Mr Jilbert was invalid. It has since issued fresh suspension notices to several thousand drivers and registered vehicle operators as a consequence of that decision.
Instead, this bill is directed at other comments relating to the interpretation of section 44 of the Road Transport (General) Act 1999 that were made by the magistrate in the course of his judgement. Specifically, the Chief Magistrate stated that a suspension notice does not take effect until it has been served on the person to whom it is addressed. Previously, it had been thought that the suspension took effect on the date advised by the Road Transport Authority of the suspension notice served on the person. While these comments are not, strictly speaking, binding on other magistrates or on higher courts, it is nevertheless desirable to ensure that the legislature’s intention on the point is clear.
Accordingly, the bill clarifies that a suspension notice is to take effect on the date specified in the notice. This was always intended to be how the legislation operated. It is useful to consider the original wording of section 180F(3) of the Motor Traffic Act 1936, which provided:
(3) The Registrar shall not effect a suspension under subsection (1) unless, at least 10 days before the suspension takes effect, he or she notifies the person concerned, in writing, of the date on which the suspension is to take effect.
The amendments in this bill will ensure that section 44 operates as it was originally intended to operate, by specifying in the suspension notice the date on which the suspension will come into effect. The amendments will ensure that section 44 continues to form part of what has proved to be an extremely efficient and effective enforcement scheme for infringement notice penalties, compared to the previous court-based system for prosecuting minor traffic offenders. I am pleased that members will support the bill.
Question resolved in the affirmative.
Bill agreed to in principle.
Leave granted to dispense with the detail stage.
Bill agreed to.
Justice and Community Safety Legislation Amendment Bill 2010 (No 3)
Debate resumed from 26 August 2010, on motion by Mr Corbell:
That this bill be agreed to in principle.
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