Page 5731 - Week 13 - Thursday, 18 November 2010
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amendment substitutes new sections 61B(4)(a) and (aa). These provisions explain that if the person holds an ACT driver licence the person’s licence is suspended. And, of course, if the person holds an interstate or external driver licence the person’s right to drive in the ACT is suspended.
Similarly, amendment 6 is an amendment to section 61B(4). This provision sets out what happens when a person is given an immediate suspension notice. The amendment substitutes new sections 61B(4)(c) and (ca). These provisions explain that if the person holds an ACT driver licence the person must not drive a vehicle anywhere. If the person holds an interstate or external licence, the person must not drive a vehicle in the ACT.
Amendment 7 inserts new section 61BA. The amendment creates a new offence of “drive whilst suspension notice in effect”. Although there is an offence under section 32 of the Road Transport (Driver Licensing) Act of “drive while suspended”, that applies to an ACT driver whose licence is suspended by a court or by a territory law. That offence does not apply to interstate or external drivers. Accordingly, to ensure that immediate suspension notices can be enforced against interstate and external licence holders, it is necessary to create a specific offence of driving while a suspension notice is in effect.
Amendment 8 is a consequential amendment to insert definitions of “conditional licence” and “driver licence receipt” in the dictionary to the Road Transport (General) Act.
MR HANSON (Molonglo) (5.11): We have already foreshadowed that we will support these.
MS BRESNAN (Brindabella) (5.12): The ACT Greens will be supporting these amendments as they provide clarity as to the effect of suspension notices for ACT and interstate licence holders. The amendments also create a new offence of driving whilst a suspension notice is in effect, with a smaller penalty than an offence where a driver’s licence has been suspended by an order of a court. This is in recognition that violating a court order should rightfully be considered more serious than violating a non-judicial suspension notice. The penalties are equivalent to the other circumstance where a licence can be suspended without an order of court, where a person fails to pay an infringement notice.
Amendments agreed to.
Clause 131, as amended, agreed to.
Clauses 132 to 134, by leave, taken together and agreed to.
Clause 135.
MR STANHOPE (Ginninderra—Chief Minister, Minister for Transport, Minister for Territory and Municipal Services, Minister for Business and Economic Development, Minister for Land and Property Services, Minister for Aboriginal and Torres Strait Islander Affairs and Minister for the Arts and Heritage) (5.13), by leave: I move
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