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Traffic Act 2010 (NI)

  • Act Applied Law - C2021Q00022
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No. 12, 1982
Act Applied Law as amended, incorporating amendments up to Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021 (F2021L00975)
This is an Act of the previous Norfolk Island Legislative Assembly that was continued in force under s16 and 16A of the Norfolk Island Act 1979.
Administered by: Infrastructure, Transport, Cities and Regional Development
Registered 26 Oct 2021
Start Date 10 Jul 2021

 

NORFOLK                            ISLAND

 

Traffic Act 2010

No. 12, 1982

Compilation No. 7

Compilation date:                              10 July 2021

Includes amendments up to:            Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021 (F2021L00975)

 


 

 

NORFOLK                            ISLAND

 

 

TRAFFIC ACT 2010

TABLE OF PROVISIONS

PART 1  —  PRELIMINARY

      1.         Short title

      2.         Commencement

      3.         Interpretation

      4.         Offences to be tried summarily

PART 2  —  REGISTRAR OF MOTOR VEHICLES

      5.         Registrar of Motor Vehicles

      6.         Deputy Registrar of Motor Vehicles

PART 3 – REGISTRATION OF MOTOR VEHICLES

Division 1 - Registration

      7.         Motor Vehicles Register

      8.         Registration of motor vehicles

      8A.      ….

      9.         Registration of vehicle for public or private hire

11.       Certain vehicles not to be registered

12.       Transfer of registration of motor vehicle

      13.       Cancellation of registration

      14.       Failure to renew registration

      14B.    Registration label not required for Commonwealth vehicles

 

Division 2 – Inspection of motor vehicles

      14C.    Authorised inspectors of motor vehicles

 

Division 3 – Number plates

      14D.    Number plates

      14E.     Offence to change number plate

 

Division 4 – Identification mark for dealers

      14F.     Identification mark for dealers

PART 5  —  LICENCES TO DRIVE MOTOR VEHICLES

       15.      Licences to drive motor vehicles on roads

    15A.      Permitting an unlicensed driver to drive a motor vehicle

       16.      Learners licences

    16A.      Provisional licence

       17.      Drivers licences

    17A.      Register of licensed drivers

       18.      Medical examination and restrictions

       19.      Registrar’s powers in relation to persons unfit to hold a licence, or disqualified from driving

       20.      Registrar’s powers in relation to licence holders presenting danger to public

       21.      Notice to be given

       22.      Appeals

    22A.      Special provisions applicable to provisional licences and recognised licences

       23.      Special provisions applicable to learners licences

    23A.      Special provisions applicable to provisional licences and recognised provisional licences

    23B.      Special provisions relating to ute tray riding

       24.      Power of member of police force to require production of licence

    24A.      Driving with L or P plates without appropriate licence

PART 6  —  RULES OF THE ROAD

       25.      Traffic signs generally

       26.      Action to be taken at STOP signs

       27.      Action to be taken at GIVE WAY sign

       28.      Action to be taken at speed limit signs

    28A.      Action to be taken at a pedestrian crossing

    28B.      Action to be taken at a school crossing

       29.      Action to be taken at NO PARKING, etc, signs

    29A.      Giving way

    29B.      Give way rule to be observed at roundabouts

PART 7  —  MOTORING OFFENCES

       30.      Reckless and dangerous driving

       31.      Negligent and inconsiderate driving

    31A.      Use of mobile phones while driving        

       32.      Driving under the influence of drink or drugs

      32A.    Power to conduct random breath or saliva testing

      32B.    Arrest following failed breath or saliva test etc.

      32C.    Saliva analysis or blood testing following arrest

      33.       Offence of obtaining a licence or driving while disqualified, etc

      34.       Speeding

      35.       False statements and withholding material information

      36.       Forgery of documents, etc

      37.       Riding on motorcycle

      38.       Wearing motor cycle helmet and cycle helmet

      38A.    Exemption from requirement to wear safety helmet

      39.       Motor cyclist to wear footwear

      40.       Noise and smoke

      40A.    How persons must drive or travel in or on a motor vehicle

      40B.    Opening doors and getting out of a vehicle, etc

      40C.    Interfering with the driver’s control of the vehicle, etc

      40D.    Power to impound vehicles

      40E.     How persons must travel in or on a motor vehicle

      41.       Duty not to leave vehicle in dangerous position

      42.       Procuring use, etc of motor vehicle by fraud

      43.       Driver to comply with requirement of members of police force

      44.       Driving motor vehicles fitted with unapproved warning devices and lights

      44A.    Giving way to certain vehicles

      44B.    Directions to be complied with in the vicinity of a fire or accident

      44C.    Speed limit in vicinity of schools

      44D.    Wearing of seatbelts by drivers

      44E.     Wearing of seatbelts by passengers 16 years old, or older

      44F.     Wearing of seatbelts by passengers under 16 years old

      44G.    Exemptions from wearing seatbelts

      44H.    Interfering with seatbelts

      44J.      Fitting of seatbelts

      44K.    Airbags provide no exemption

PART 8  —  SUSPENSION, DISQUALIFICATION, ETC

      44L.     Suspension following refusal to submit to test

      44M.    Suspension or disqualification following charge with major driving offence

      45.       Suspension and disqualification following conviction

      46.       Disqualification, etc, compulsory in certain cases

      46A.    Special disqualification provisions in respect of offences committed by persons who have not obtained the age of 16 years

      47.       Court may vary disqualification, etc, in certain circumstances

PART 8A  —  TRAFFIC INFRINGEMENTS

      47A.    Traffic infringement notices

      47B.    Final notice - non-payment of penalty

      47C.    Disputing liability under traffic infringement notice

      47D.    Disputed notices - issue of proceedings                                                        

      47E.     Suspension of licences

      47F.     Cancellation of suspension

PART 8B  —  DEMERIT POINTS AND PROBATIONARY LICENCES

      47G.    Interpretation

      47H.    Demerit points

      47I.      Demerit Points Register

      47J.      Transfer of recordings on grant of new licence

      47K.    Suspension or cancellation of drivers licence

      47L.     Probationary licence

      47M.    Cancellation of probationary licence

      47N.    Suspension of learners licence

      47O.    Cancellation of special licence

      47P.     Cancellation of probationary licence under this Part

      47Q.    Suspension of provisional licence

      47R.    Cancellation of operation of recognised licence corresponding to drivers licence

      47S.     Cancellation of operation of recognised provisional licence

PART 9  —  MISCELLANEOUS PROVISIONS

      48.       Requirements in case of accident

      49.       Information to be given to identify driver

      49A.    ….

      50.       Temporary closing of roads

      51.       Police officer may drive away vehicle where driver arrested

      52.       Evidence

      52A.    Restriction on actions

      52B.    Road Safety Committee

      52C.    Certain offences not to be criminal offences

      53.       Application to Commonwealth and Administration

      54.       Repeals

      55.       Transitional

      56.       Regulations


 

NORFOLK                            ISLAND

 

Traffic Act 2010

_______________________________________________________________________

An Act to regulate the use of motor vehicles and for related purposes

PART 1  —  PRELIMINARY

Short title

      1.         This Act may be cited as the Traffic Act 2010.

Commencement

      2.         This Act shall come into operation on a date fixed by the Administrator by notice published in the Gazette.

Interpretation

      3.         (1)        In this Act, unless the contrary intention appears —

      “Act” includes the Regulations;

“approved speed measuring device’ means a device of a type approved by the Minister by notice published in the Gazette as being designed to measure the speed at which a motor vehicle is travelling;

      “articulated motor vehicle” means a motor vehicle to which is coupled a semi-trailer;

      “breath test” means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:

                                    (a)        Alcolizer LE;

                                    (b)        lion alcolmeter SD‑400;

                                    (c)        Alcolizer 5 Series;

                                    (d)       a device prescribed for the purposes of this paragraph.

      “bus” means a vehicle designed to carry more than 11 passengers;

      “commercial vehicle” means a motor vehicle that is used, or intended to be used, for carrying goods or passengers —

                                    (a)        for hire or reward or for a consideration; or

                                    (b)        in the course of a trade or business;

                        “Court” means the Court of Petty Sessions;

                        “Clerk” means the Clerk of the Court of Petty Sessions;

      “Commonwealth”, includes a Commonwealth authority;

“Commonwealth authority” has the meaning given by section 7 of the Commonwealth Authorities and Companies Act 1997 (Commonwealth);

“cycle” means a bicycle or tricycle operated solely by means of pedals operated by the rider or riders and does not except where the context requires, include a moped, motor bicycle or motor tricycle;

                        “disability” includes disease

                        “drivers licence” means a licence issued under section 17;

“driving” includes riding a moped, motor cycle motor tricycle cycle or horse drawn vehicle;

 

                        “drug” means —

           (a)  a substance that is a dangerous drug for the purposes of the Dangerous Drugs Act 1927; or

                  (b)        a substance prescribed for the purposes of this definition;

      “hire vehicle” means —

                  (a)        a private hire vehicle; or

                  (b)        a public hire vehicle;

      “learners licence” means a licence issued under section 16;

      “licence” means a drivers licence, learners licence, probationary licence, provisional licence, special licence or recognised licence;

      “major driving offence” means any of the following offences —

                  (a)  culpable driving, as constituted by  section 88 of the Criminal Code in its application to Norfolk Island;

                  (b)  murder or manslaughter where the death the subject of the offence was caused by the manner of driving of a motor vehicle;

                  (c)  the offence constituted by section 30 (reckless and dangerous driving);

                  (d) the offence constituted by subsection 32(1);

                 (da) an offence against subsection 32(9) because paragraph 32(9)(b) or (c) applies;

….

….

                              (e)  the offence constituted by section 33 (obtaining a licence or driving while disqualified);

                              (f)  the offence constituted by subsection 48(1) (action to be taken in case of an accident);

     “member of the police force” means a member of the Police Force for the purposes of the Police Act 1931;

      “minibus” means a vehicle designed to carry no more than 11 passengers;

      “minor driving offence” means an offence under this Act which is not a major driving offence;

      “moped” means a motor bicycle or tricycle, whether or not capable of operation by means of pedals, with an engine cylinder capacity of not over 50 millilitres, a maximum power output not exceeding 200 watts and a maximum speed of not over 50 kilometres an hour;

“motor cycle” means a motor vehicle with 2 wheels, and includes a 2-wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel;

“motor tricycle” means a motor vehicle with 3 wheels, but does not include a 2-wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel;

      “motor vehicle” means a mechanically propelled vehicle —

                  (a)        intended or adapted for use on roads; or

                  (b)        that is reasonably capable of being used on roads, and includes a trailer attached to, or intended to be attached to, a motor vehicle;

      “motor vehicles register” means the register maintained in accordance with section 7;

      “novice” or “novice driver” refers to a driver of a motor vehicle who is under the age of 18 years or the holder of a learners licence, a provisional licence or a recognised provisional licence;

      “outside jurisdiction” means:

                  (a)        a State; or

                  (b)        a Territory (other than Norfolk Island); or

                  (c)        a foreign country; or

                  (d)       a part of a foreign country.

      “passenger” means a person carried in a vehicle other than the driver;

      “pedestrian” includes a person —

               (a)           in a perambulator or similar carriage; or

               (b)           in a device designed for use as a toy; or

               (c)           in a wheel chair (including a motorised wheelchair);

      “pedestrian crossing” means a portion of a road —

                  (a)        defined by a series of longitudinal lines marked on the road laterally across, or partly across, the road; and

                  (b)        indicated by a traffic sign inscribed with the word “CROSSING”,

                              and includes the portion of the road —

                  (c)        lying between the lines; or

                  (d)       lying between the side of the road and a line adjacent to the side of the road;

“prescribed concentration of alcohol” or “PCA” means a concentration of alcohol described as follows─

                    “novice range PCA” ─ greater than zero but less than 0.05 grams of alcohol in 100 millilitres of blood;

                    “low range PCA” ─ 0.05 or more grams of alcohol in 100 millilitres of blood but less than 0.10;

                    “mid-range PCA” ─ 0.10 or more grams of alcohol in 100 millilitres of blood but less than 0.15; and

                    “high range PCA” ─ 0.15 or more grams of alcohol in 100 millilitres of blood;

      “private hire vehicle” means a motor vehicle that —

                  (a)        does not stand or ply for hire in a road for the conveyance of passengers; and

                  (b)        is used, or is intended to be used, for the conveyance of passengers under a contract that gives the hirer the exclusive use of the vehicle;

      “probationary licence” means a licence issued under section 47L;

“provisional licence’ means a licence issued under section 16A;

“psychotropic substance” means a substance that is listed in Part 2 of Schedule 5 to the Dangerous Drugs Act 1927.

      “public hire vehicle” means a motor vehicle plying or standing for hire in a road or used, or intended to be used, for the conveyance of passengers for hire or for a consideration;

      “public place” means a place, other than a road, that is —

                  (a)        a wharf, jetty or foreshore; or

                  (b)        a part of —

                              (i)   a reserve under the Public Reserves Act 1997;

                              (ii)  a recreational or sporting ground; or

                              (iii) any other open space,

to which the public has access, whether or not on payment of money for admission;

      “public road” means road open to or used by the public;

      “recognised licence” means a licence to drive a motor vehicle (not being —

                  (a)        a learners licence or permit; or

                  (c)        a licence or permit corresponding to a learners licence or permit),

issued by the competent authority of any place except Norfolk Island or a place declared by the Minister by notice in the Gazette to be a place the driving licences of which are not recognised licences for the purposes of this Act;

“recognised provisional licence” means a recognised licence that corresponds to a provisional licence.

“register of licensed drivers” means the register maintained in accordance with section 17A;

      “Registrar” means the Registrar of Motor Vehicles appointed under section 5;

      “road” means any highway and other road to which the public has access, and includes —

                  (a)        bridges over which a road passes; and

                  (b)        parking or stopping places; and

                  (c)        loading and unloading places;

      “roundabout” means an intersection that is laid out for the movement of vehicular traffic, in one direction, around a traffic island;

“saliva test” means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:

                  (a)        a Securetec Drugwipe II Twin device; or

                  (b)        a device prescribed for the purposes of this paragraph.

     “school crossing” means a portion of a road —

                  (a)        defined by two lines marked on the road laterally across, or partly across, the road; and

                  (b)        indicated by a traffic sign inscribed with the word “SCHOOL CROSSING” or “CHILDREN CROSSING”,

                  and includes the portion of the road lying between the lines;

      “second or subsequent conviction” means —

                  (a)        in respect of a conviction for a major driving offence under this Act - a conviction in respect of an offence committed by a person who has within the period of 5 years immediately preceding the commission of that offence been convicted of a major driving offence; and

                  (b)        in respect of a conviction for a minor driving offence - a conviction in respect of an offence committed by a person who has within the period of 3 years immediately preceding the commission of that offence been convicted of a major or minor driving offence;

Note:          See also subsection (9) of this section.

      “semi-trailer” means a trailer that —

                  (a)        has wheels towards the rear; and

                  (b)        is so constructed that the front of the trailer can be superimposed on and coupled to another vehicle so as to pivot about a point located forward of the most rearward axle of the vehicle to which it is coupled;

      “special licence” means a licence issued under section 47;

      “traffic infringement” means an offence prescribed under subsection 47A(1);

      “traffic infringement notice” means a notice referred to in subsection 47A(1);

      “traffic sign” means an object or device (whether fixed or portable), erected or displayed in accordance with this Act, for conveying to traffic on roads, or a particular class of traffic, warnings, information, requirements, restrictions or prohibitions of any description and includes a line or a mark on a road for so conveying such warning, information, requirements, restrictions or prohibitions.

                  (2)        In this Act a reference to a learners licence, a provisional licence, a drivers licence or a recognised licence does not include any such licence —

                  (a)        the period of validity of which has expired; or

                  (b)        that has been suspended in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or

                  (c)        that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or

                  (d)       the issue of which was obtained as a result of —

                              (i)   a false or misleading statement; or

                              (ii)  the non-disclosure of relevant information, either in Norfolk Island or an outside jurisdiction; or

                  (e)        the issue of which was obtained without the disclosure of relevant endorsements ordered to be made in accordance with a law in force in Norfolk Island or an outside jurisdiction.

                  (3)        For the purposes of this Act a licence ceases to be a recognised licence —

                  (a)        when the holder of the licence has been ordinarily resident in Norfolk Island for a period of 3 months; or

                  (b)        during such period as a Court may order the operation of the recognised licence in Norfolk Island to be cancelled.

                  (4)        Subject to subsection 3(5), a reference in this Act to a road includes a reference to a public place.

                  (5)        Subsection 3(4) does not apply to —

                  (a)        this section; or

                  (b)        a provision expressly providing that, for the purposes of the provision, a reference to a road does not include a reference to a public place.

                  (6)        For the purposes of Parts 8A and 8B the administrative charge is 3 fee units.

                  (7)        In this Act reference to a licence includes a licence that is restricted to one or more than one class of motor vehicle.

                  (8)        For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.

                  (9)        Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of “second or subsequent conviction” is taken to include a reference to a finding of guilt without the recording of a conviction.

Offences to be tried summarily

4.   All offences under this Act are summary offences.

PART 2  —  REGISTRAR OF MOTOR VEHICLES

Registrar of Motor Vehicles

      5.         (1)        The Chief Executive Officer shall, by notice in the Gazette, appoint a person to be the Registrar of Motor Vehicles.

                  (2)        The Registrar shall exercise such powers and functions as are prescribed.

                  (3)        The powers of the Registrar include―

      (a)        the power to do any act or thing, or to exercise any function or duty required of the Registrar of Motor Vehicles or as prescribed;

      (b)        the power to determine the nature, type, description, and category of any class or classes of motor vehicles for which a licence may be issued;

            (c)        the power to determine the content, manner, venue, and nature of any driving test required for the issue of a licence to drive any class of vehicle, and to determine the level or standard for passing such test;

                  (d)       the power to determine the particulars, nature, class, or category of any endorsement and condition to be attached to the issue of any licence.

Deputy Registrar of Motor Vehicles

      6.         (1)        The Chief Executive Officer shall, by notice in the Gazette, appoint a person to be the Deputy Registrar of Motor Vehicles.

                  (2)        The Deputy Registrar shall have and may exercise all the powers of the Registrar —

                  (a)        when the Registrar is for any reason unable to act; and

                  (b)        during a vacancy in the office of Registrar; and

                  (c)        subject to the control and direction of the Registrar - at any other time.

                  (3)        Where, under this Act —

                  (a)        the exercise of a power or function by the Registrar; or

                  (b)        the operation of this Act,

is dependent on the opinion, belief or state of mind of the Registrar in relation to a matter —

                  (c)        that power or function may be exercised by the Deputy Registrar; or

                  (d)       that provision may operate,

on the opinion, belief or state of mind of the Deputy Registrar in relation to the matter.

PART 3  —  REGISTRATION OF MOTOR VEHICLES

Division 1  —  Registration

Motor Vehicles Register

      7.         (1)        The Registrar shall open and maintain a register to be called the motor vehicles register.

                  (2)        The motor vehicles register shall, in respect of every vehicle registered under this Act, contain such information as the Registrar considers necessary to give effect to this Act.

                  (3)        The motor vehicles register shall be available for inspection by a member of the police force or for the approved fee, if any, by a member of the public.

Registration of motor vehicles

      8.         (1)        The Registrar, on receipt of an approved application for registration or re-registration of a motor vehicle accompanied by —

                  (a)        a certificate of inspection carried out by an authorised inspector; and

                  (ab)      evidence that the applicant has taken out third party personal injury insurance that will insure the owner and driver of the motor vehicle and that the amount of damage so covered is at least that prescribed by Regulation provided that such Regulations must not prescribe an amount exceeding ¾

                              (i)   in respect of motor vehicles including minibuses  ─ $1million; and

                              (ii)  in respect of buses─ $5million.

                  (b)        such additional information as he considers necessary or appropriate; and

                  (c)        the approved fee,

shall register or re-register the vehicle for the purposes of this Act.

                  (2)        If a motor vehicle is registered, the Registrar must assign an identifying number to the motor vehicle.

                  (3)        The registration of a motor vehicle continues in force for a period of one year from the date of registration.

                  (4)        A renewal of the registration of a motor vehicle continues in force for a period of one year commencing on the day after the date of expiration of the period for which the motor vehicle is, or was previously, registered when the registration is renewed.

                  (5)        A person must not drive a motor vehicle on a road unless it is registered under this section.

      Penalty:           6 penalty units.

                              In the case of a second or subsequent conviction – 12 penalty units.

                  (5A)     A person must not drive a motor vehicle, or being the owner of a motor vehicle permit another person to drive the motor vehicle, on a road unless there is in force in respect of the motor vehicle a third party personal injury insurance in accordance with paragraph 8(1)(ab).

   Penalty:  (a)        10 penalty units; or

                  (b)        in the case of a second or subsequent conviction – 15 penalty units.

                  (5B)     An owner of a registered motor vehicle must not cancel a third party personal injury policy or permit it to expire before the expiration of the registration of the motor vehicle without at the same time surrendering the registration of the motor vehicle to the Registrar.

      Penalty:           5 penalty units.

                  (5C)     Paragraph 8(1)(ab) does not apply in relation to a motor vehicle that is a trailer not capable of self propulsion.

                  (6)        It is a defence to a prosecution under subsection 8(5) if the defendant proves —

                  (a)        that —

                              (i)   he or she had no previous opportunity to register the motor vehicle;

                              (ii)  at the time of the alleged offence the vehicle was being driven or was brought on the road for the purposes of effecting its registration; or

                  (b)        that the motor vehicle —

                              (i)   was at the time of the alleged offence, registered in a State or Territory, or in New Zealand; and

                              (ii)  except in the case of a vehicle owned by the Commonwealth, had at the time of the alleged offence been in Norfolk Island for a period of less than 3 months.

                  (6A)     It is a defence to a prosecution under subsection (5) or (5A) if the defendant proves that the motor vehicle ¾

                  (a)        was a type of vehicle that was not registrable within the provisions of subsections 11(4) and (5); and

                  (b)        was driven in a public place as defined in subsection 3(1); or

                  (c)        if driven on a road that was not a public place, was driven on the road only for such reasonable time and by the shortest reasonable route as necessary to pass from one place that was not such a road to another.

                  (7)        A person being the owner of a motor vehicle must not permit or suffer a person to drive a motor vehicle on a public road or public place when the motor vehicle is not currently registered in accordance with section 8.

      Penalty:           10 penalty units.

If the motor vehicle is used for public or private hire – 15 penalty units.

….

 

Registration of vehicle for public or private hire

      9.         (1)        The Registrar may register a motor vehicle under section 8 for public or private hire and must specify the number of passengers including the driver that the vehicle may carry.

                  (2)        The Registrar must refuse to register a motor vehicle under section 8 for public or private hire if the Registrar

is of the opinion that —

                  (a)        the vehicle is not in a fit condition for carrying passengers; or

      (b)        the applicant is not ordinarily resident on Norfolk Island.

                  (3)        The Registrar must refuse to register a motor vehicle under section 8 for public or private hire unless he is satisfied that the applicant has taken out third party personal injury insurance that will insure the owner and the driver of the vehicle and that the amount of damage so covered is at least that prescribed by Regulation.

                  (4)        Paragraph 9(2)(b) does not apply in relation to a motor vehicle licensed to carry no more than 11 passengers if the applicant is a person who is the owner of a registered Tourist Accommodation House and the vehicle is intended only for the use of, and to be driven by, guests of the Tourist Accommodation House.

                  (5)        A person must not drive, or allow to be driven, a motor vehicle registered in accordance with subsection 9(1) with a number of passengers greater than the number specified under that subsection.

      Penalty:           3 penalty units.

In the case of a second or subsequent conviction —  6 penalty units.

                  (6)        The registered owner of a motor vehicle registered in accordance with subsection 9(1), must not allow the vehicle to be driven, if the insurance referred to in subsection 9(3) has expired or has otherwise ceased to apply to the driver of that motor vehicle.

      Penalty:           10 penalty units.

In the case of a second offence concerning the same vehicle – the vehicle shall be confiscated and become the property of the Administration.

                  (7)        A person shall not use or allow to be used a motor vehicle as a —

                  (a)        private hire vehicle; or

                  (b)        public hire vehicle,

unless the vehicle is registered as such under section 8.

      Penalty:           (a)  10 penalty units; or

                              (b)  in the case of a second or subsequent conviction —  25 penalty units.

Certain vehicles not to be registered

      11.       (1)        The Registrar must refuse to register or renew the registration of a motor vehicle if the Registrar is not satisfied that it complies with the requirements relating to the condition, construction and equipment of the vehicle as set by the manufacturer and/or any requirements that may be prescribed.

                  (2)        The Registrar must not register or renew the registration of a motor vehicle, other than a moped, motor cycle or motor tricycle having a piston displacement of 185 cubic centimetres or less, in the name of a person who has not attained the age of 16 years.

                  (3)        The Registrar must not register a motor vehicle in the name of a person under the age of 15 years.

                  (4)        The Registrar must not register a type of vehicle that is not registrable.

                  (5)        For the purpose of subsection (4), a type of vehicle that is not registrable means─

                  (a)        motor assisted pedal cycles with electric or petrol engines other than mopeds;

                  (b)        motorised wheelchairs and other types of disabled persons conveyances;

                  (c)        motorised lawn mowers with a tare weight of 300kgs or less;

                  (d)       motorised golf buggies (including buggies capable of carrying passengers); and

                  (e)        any other type of vehicle declared by Regulation to be not registrable.

Transfer of registration of motor vehicle

      12.       (1)        The registered owner of a motor vehicle must in writing within 7 days after relinquishing ownership of the vehicle for any reason including sale, trade-in, gift or otherwise, notify the Registrar of the change of ownership.

                              In the case of a second or subsequent conviction — 6 penalty units.

                  (2)        A person who acquires the ownership of a motor vehicle registered under section 8 must within 7 days apply in accordance with subsection 12(3) to have the registration of the motor vehicle transferred.

Penalty:

(a)        for breach of either subsection (1) or (2)─3 penalty units; or

(b)        in the case of a second or subsequent conviction─6 penalty units.

                  (3)        The Registrar shall —

                  (a)        on application being made in such manner and containing such particulars as the Registrar may specify; and

                  (aa)      upon production of evidence that the transferee has taken out third party personal injury insurance as described in paragraph 8(1)(ab); and

                  (b)        on payment of the approved fee,

transfer the registration of a motor vehicle.

Cancellation of registration

      13.       (1)        Subject to subsection 13(2), the Registrar shall, on the written application of the person in whose name a motor vehicle is registered —

                  (a)        cancel the registration; and

                  (b)        pay to that person an amount (if any) equivalent to an amount that bears the same proportion to the approved fee paid in respect of the registration of the motor vehicle as the unexpired portion of the period for which the registration was effected bears at the date of the cancellation of the registration to a period of 12 months; and

                  (c)        if the number plates are returned to the Registrar in an undamaged condition - pay to the applicant an amount equivalent to the approved fee paid in respect of the issue of the number plates.

                  (2)        The Registrar shall deduct the approved fees for cancelling the registration from any amount paid under subsection 13(1).

Failure to renew registration

      14.       (1)        Where the renewal of the registration of a motor vehicle is not effected within one month after the end of the period for which the motor vehicle was registered the Registrar may treat the motor vehicle as having ceased to be registered as from the end of the period of registration.

                  (2)        Nothing in subsection 14(1) shall affect the liability of a person in respect of an offence under subsection 8(6).

Registration label not required for Commonwealth vehicles

      14B.    The Registrar shall not be required to issue a registration label for a motor vehicle owned by the Commonwealth or a Commonwealth authority.

 

Division 2 – Inspection of motor vehicles

Authorised inspectors of motor vehicles

      14C.    (1)        The Registrar shall appoint such number of persons as he considers appropriate to be authorised inspectors of motor vehicles.

                  (2)        Authorised inspectors of motor vehicles must  —

                  (a)        possess such qualifications and/or experience as may be prescribed;

                  (b)        carry out inspections of vehicles for the purposes of Division 1 in specified premises that have been approved by the Registrar and comply with any requirement that may be prescribed;

                  (c)        pay the approved fee (if any) for being appointed as an inspector; and

                  (d)       collect the approved fees (if any) for the issue of certificates of inspection under paragraph 8(1)(a).

…..

Division 3 —  Number plates

Number plates

      14D.    (1)        The Registrar shall —

                  (a)        on the —

                              (i)   registration of a motor vehicle; or

                              (ii)  the assignment of a new identifying number to a motor vehicle under subsection 8(2); and

                  (b)        on payment of the approved fee in respect of the issue of the number plates,

issue to the person in whose name the vehicle is registered —

                  (c)        2 number plates; or

                  (d)       in the case of a moped, motor cycle or motor tricycle or a trailer - one number plate,

displaying the identifying number assigned to the vehicle in accordance with subsection 14D(9).

                  (2)        A number plate shall —

                  (a)        be of the colour, size and shape; and

                  (b)        contain the letters, figures or symbols, in addition to the identifying number assigned to the motor vehicle in accordance with subsection 14D(1),

as the Chief Executive Officer approves.

                  (3)        The Chief Executive Officer may determine different number plates in respect of different classes of vehicles.

                  (4)        The Registrar may, on the request of an owner of a motor vehicle and after receipt of the approved fee —

                  (a)        cancel the identifying number assigned to the vehicle; and

                  (b)        assign a different number to the vehicle.

                  (5)        If the Registrar is satisfied that a number plate has been lost or destroyed —

                  (a)        on application being made for the purpose; and

                  (b)        on payment of the approved fee,

the Registrar shall issue a replacement number plate.

                  (6)        A number plate remains the property of the Administration, and, unless it has been —

                  (a)        previously returned to the Registrar; or

                  (b)        lost or destroyed,

the person having custody of the motor vehicle or number plate, within 3 months after —

                  (c)        the relevant vehicle ceases to be registered; or

                  (d)       the number plate ceases to be valid in respect of any vehicle,

return it to the Registrar.

      Penalty:           3 penalty units.

                  (7)        If a person does not return a number plate to the Registrar in accordance with subsection 14D(6) the Registrar may require the person —

                  (a)        in whose name the vehicle was last registered; or

                  (b)        the person having the custody of the vehicle,

to pay a fee equivalent to one twelfth of the approved fee in respect of the registration of the vehicle for each month or part of a month that the number plate is not returned after —

                  (c)        the relevant motor vehicle ceased to be registered; or

                  (d)       the number plate ceased to be valid in respect of the vehicle.

                  (8)        A fee payable under subsection 14D(7) —

                  (a)        shall be a debt due to the Registrar recoverable in a Court of competent jurisdiction; and

                  (b)        is payable in addition to any penalty imposed under this Act in respect of the failure to return the number plate in accordance with subsection 14D(6).

                  (9)        A person must not drive or bring a motor vehicle on a road —

                  (a)        unless the number plate issued in respect of the vehicle is securely affixed —

                              (i)   in the case of a vehicle other than a motor cycle or trailer - in a central position on the front and on the back or rear part of the vehicle; or

                              (ii)  in the case of a motor cycle – on the rear part of the cycle; or

                              (iii) in the case of a trailer - on the back or rear part of the trailer;

                              or

                  (b)        if the number plate affixed to the vehicle is —

                              (i)   obscured; or

                              (ii)  the letters, figures or symbols on the number plate are not clearly distinguishable under normal daytime conditions.

      Penalty:           3 penalty units.

In the case of a second or subsequent conviction —  6 penalty units.

                  (10)      It is a defence to a prosecution under paragraph 14D(9)(a) if the defendant proves that, at the time of the alleged offence, the motor vehicle —

                  (a)        was registered in a State, in a Territory or in New Zealand; and

                  (b)        had number plates issued by that State, Territory or in New Zealand that are affixed in accordance with the law of that place; and

                  (c)        except in the case of a motor vehicle owned by the Commonwealth, had been in Norfolk Island for a period of less than 3 months.

                  (11)      It is a defence to a prosecution under paragraph 14D(9)(a) if the defendant proves that he or she took all reasonable steps to prevent —

                  (a)        the number plate being obscured; or

                  (b)        the letters, figures or symbols being rendered not clearly distinguishable.

                  (12)      This Division (except for payment of the approved fee referred to in paragraph 14D(1)(b)) applies to a vehicle owned by the Administration, the Commonwealth or a Commonwealth authority.

Offence to change number plates

      14E.    (1)        A person must not affix, or permit to be affixed, a number plate to a motor vehicle knowing that the vehicle is not the vehicle in respect of which the number plate was issued.

                  (2)        A person must not drive a vehicle on a road if the person knows that the number plate affixed to the vehicle was issued in respect of another vehicle.

      Penalty:           15 penalty units.

In the case of a second or subsequent conviction —  30 penalty units.

 

Division 4  —  Identification mark for dealers

Identification mark for dealers

      14F.     (1)        The Registrar may, on payment of the approved fee, assign to a dealer in motor vehicles a general identification mark which the dealer must fix to a motor vehicle when it is being used for any of the following trade purposes —

                  (a)        testing the vehicle;

                  (b)        demonstrating the vehicle to a purchaser, or potential purchaser;

                  (c)        delivering the vehicle after sale;

                  (d)       driving the motor vehicle from the point of lighterage or from the point of delivery at the airport to the dealer’s premises.

                  (2)        A dealer who does not cause an identification mark issued under subsection 14F(1) to be fixed to a vehicle being used as described in that subsection is guilty of an offence.

      Penalty:           3 penalty units.

                              For a second or subsequent offence — 6 penalty units.

                  (3)        It is a defence to a prosecution under subsection 8(5) if the defendant proves that, at the time of the alleged offence —

                  (a)        he or she was using the motor vehicle for a purpose specified in subsection 14F(1); and

                  (b)        a mark assigned under subsection 14F(1) was affixed to the vehicle in a conspicuous position.

PART 5  —  LICENCES TO DRIVE MOTOR VEHICLES

Licences to drive motor vehicles on roads

      15.       (1)        Subject to this Act, a person shall not drive a motor vehicle on a road unless the person is the holder of —

                  (a)        a learners licence; or

                  (b)        a provisional licence; or

                  (c)        a drivers licence; or

                  (d)       a probationary licence; or

                  (e)        a special licence; or

                  (f)        a recognised licence.

                              Penalty:

                              (a)        3 penalty units; or

                              (b)        in the case of a second or subsequent conviction —  6 penalty units.

                  (2)        Notwithstanding subsection (1), a person who has not attained the age of —

                  (a)        15 years - shall not drive a motor vehicle on a road; or

                  (b)        16 years - shall not, subject to section 23, drive a motor vehicle on a road except a motor cycle having a piston displacement of not more than 185 cubic centimetres.

                              Penalty:

                              (a)        3 penalty units; or

                              (b)        in the case of a second or subsequent conviction —  6 penalty units.

                  (3)        Notwithstanding subsection (1), a person who is the holder of a provisional licence or a recognised provisional licence must not —

                  (a)        (subject to an endorsement by the Registrar under subsection 23A(1)) drive a vehicle on a road or in a public place between the hours of 10:00pm and 6:00am;

                  (b)        act as the licensed driver when a person with a learners licence is driving a motor vehicle;

                  (c)        while driving a vehicle carry more than one passenger;

                  (3A)     An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:

                  (a)        for an offence against paragraph 15(3)(a) or (c)—suspension of the licence for not more than 6 months; or

                  (b)        for an offence against paragraph 15(3)(b)—either or both of the following:

                              (i)  suspension of the licence for not more than 6 months;

                             (ii)  a fine not exceeding 2 penalty units.

                  (3B)     An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:

                  (a)        for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or

                  (b)        for an offence against paragraph 15(3)(b)—either or both of the following:

                              (i)  cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;

                             (ii)  a fine not exceeding 2 penalty units.

                  (4)        (a)        Notwithstanding subsection 16(4), if a person who has been disqualified from obtaining a learners licence is, after the period of disqualification, issued with a new learners licence, that licence remains in force for a period of 1 year; and

                  (b)        a new learners licence issued under paragraph (a) can only be issued for the same class of vehicle as that previously held by the person disqualified.

                  (5)        It is a defence to a prosecution under subsection (1) if the defendant proves to the satisfaction of the Court that —

                  (a)        one month before the date when the alleged offence was committed he or she was the holder of a provisional licence or drivers licence or recognised licence; and

                  (b)        the period of validity of the licence referred to in paragraph (a) expired by effluxion of time during the period of one month immediately preceding the date when the alleged offence was committed; and

                  (c)        at no time between the termination of the period of validity of the licence referred to in paragraph (a) and the date when the alleged offence was committed did the defendant have a reasonable opportunity to renew the validity of that licence.

                  (6)        A person must not drive a motor vehicle on a road while —

                  (a)        a licence held by the person is suspended; or

                  (b)        the person is disqualified from holding or obtaining a licence; or

                  (c)        if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;

under a law in force in Norfolk Island unless the person is authorised to do so by a special licence.

                  Penalty:  50 penalty units or 12 months imprisonment or both.

Permitting an unlicensed driver to drive a motor vehicle

      15A.    A person who is the owner of, or not being the owner is in control of, a motor vehicle must not knowingly permit a person to drive the motor vehicle if that person would thereby be in breach of a provision of section 15.

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent conviction ¾ 10 penalty units.

Learners licences

      16.       (1)        Subject to this Act, the Registrar shall upon—

                  (a)        application being made in such manner and containing such particulars as the Registrar may specify; and

                  (b)        payment of the approved fee; and

                  (c)        being satisfied that the applicant has an adequate knowledge of the law relating to driving on Norfolk Island,

issue to the applicant a learners licence.

                  (2)        A learners licence shall be in a form approved by the Registrar.

                  (3)        The Registrar shall not issue a learners licence to an applicant unless satisfied that the applicant has attained the age of 15 years.

                  (4)        Subject to this Act, a learners licence remains in force for a period of 12 months after its date of issue.

                  (5)        The holder of a learner’s licence must at all times while driving have an “L” plate sign as approved by the Registrar affixed to the inside of the front and rear window of the vehicle (or if a motor cycle, at the rear) and be clearly visible.

                  (6)        The holder of a learners licence must not drive a vehicle that has been modified from the manufacturer’s specifications (other than the fitting of tyres or rear spoilers).

                  (7)        A person who drives a vehicle in breach of subsection (5) or (6) commits an offence ─

      Penalty:  (i)      for a first offence – not less than 0.5 or more than 2 penalty units; and

                     (ii)     for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.

Provisional licence

      16A.    (1)        Subject to this Act, the Registrar shall upon—

                  (a)        application being made in such manner and containing such particulars as the Registrar may specify; and

                  (b)        payment of the approved fee; and

                  (c)        being satisfied that the applicant ─

                              (i)   is over the age of 16 years;

                              (ii)  has held a learners licence for at least 3 months;

                              (iii) has an adequate knowledge of the law relating to driving on Norfolk Island; and

                              (iv) is not disqualified from holding a licence;

issue to the applicant a provisional licence.

                  (2)        A provisional licence shall be in a form approved by the Registrar.

….

                  (4)        Subject to this Act, a provisional licence remains in force for a period of 2 years after its date of issue.

                  (5)              The holder of a provisional licence or a recognised provisional licence must at all times while driving have a “P” plate sign as approved by the Registrar affixed to the inside of the front and rear window of the vehicle (or if a motor cycle, at the rear) and be clearly visible.

                  (6)              The holder of a provisional licence or a recognised provisional licence must not drive a vehicle that has been modified from the manufacturer’s specifications (other than the fitting of tyres or rear spoilers), unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject

                  (7)              A person who drives a vehicle in breach of subsection (5) or (6) commits an offence ─

Penalty:     (i)         for a first offence – not less than 0.5 or more than 2 penalty units; and

                  (ii)        for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and

                  (iii)       for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.

            (8)        (a)        Notwithstanding subsection (4), if a person who has been disqualified from obtaining a provisional licence is, after the period of disqualification, issued with a new provisional licence, that licence remains in force for a period of 2 years; and

                        (b)        a new provisional licence issued under paragraph (a) can only be issued for the same class of vehicle as that previously held by the person disqualified.”.

Drivers licences

      17.       (1)        Subject to this Act, the Registrar shall —

                  (a)        on application being made in such manner and containing such particulars as the Registrar may specify; and

                  (b)        on payment of the approved fee,

issue to the applicant a drivers licence if the Registrar is satisfied that the applicant —

                  (c)        is able to drive a motor vehicle with safety to the public; and

                  (d)       has an adequate knowledge of the law relating to driving on Norfolk Island.

                  (2)        A drivers licence shall be in a form approved by the Chief Executive Officer.

                  (2A)     A drivers licence issued―

                  (a)        under subsection (1) shall be issued for such class or classes of vehicle as applied for by the applicant or as the Registrar considers appropriate having regard to the matters in that subsection;

                  (b)        under subsection (3B) must be for a category of vehicle the same as or as near as practicable the same as that of the previous licence or recognised licence.

 

. . . .

 

                  (3A)     Subject to subsection 17(3B), the Registrar shall not issue a drivers licence unless the Registrar is satisfied that the applicant has held a provisional licence for a period of 2 years immediately before the making of the application.


                  (3B)     If the Registrar is satisfied that —

                  (a)        an applicant has previously held a drivers licence or recognised licence corresponding to a drivers licence; and

                  (b)        the licence ceased to be valid solely by reason of effluxion of time,

the Registrar may —

                  (c)        if the licence so ceased to be valid not more than  5 years before the making of the application - shorten the period referred to in subsection 17(3A) to such extent as the Registrar thinks fit; or

                  (d)       if the licence so ceased to be valid not more than 1 year before the making of the application - dispense with the requirement under subsection 17(3A) that the applicant hold a learners licence.

                  (4)        Subject to this Act, a drivers licence remains in force for a period of —

                  (a)        3 years; or

                  (b)        in the case of a licence issued to a person who at the date of issue of the licence has attained the age of 70 years - 2 years,

after the date of issue.

Register of licensed drivers

     17A.    (1)        The Registrar shall maintain a register to be called the register of licensed drivers.

                  (2)        The register of licensed drivers shall, in respect of every licence issued, cancelled, suspended or expired under this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:

                  (a)        each condition, restriction or endorsement that the licence is subject to; and

                  (b)        such other information as the Registrar considers necessary to give effect to this Act.

                  (3)        The register of licensed drivers shall be available for inspection by a member of the police force or for the approved fee, if any, by a member of the public.”.

Medical examination and restrictions

      18.       (1)        The Registrar shall not issue a licence to an applicant unless he is satisfied that the applicant is mentally and physically fit to drive a motor vehicle with safety to the public.

                  (2)        The Registrar —

                  (a)        may require an applicant for a licence; and

                  (b)        in the case of an applicant who has attained the age of 70 years - shall require an applicant for a licence,

to be examined by a registered medical practitioner (within the meaning of the Health Practitioners Act 1983).

                  (3)        Subsection 18(2) shall have effect even though the applicant —

                  (a)        may, at the time of the application, be the holder of a licence; or

                  (b)        has, at any time, been the holder of a licence.

                  (4)        If the Registrar is satisfied that by reason of a physical disability a person is not fit to drive a motor vehicle —

                  (a)        unless he is wearing appropriate spectacles; or

                  (b)        unless the vehicle has been modified to suit that physical disability; or

                  (c)        except of a certain class or type,

the Registrar shall endorse any licence he issues to that person accordingly.

                  (5)        For the purposes of subsection 15(1) where a licence is endorsed in accordance with subsection 18(4) or subsection 47(5) the holder of the licence shall be deemed not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle he is doing so in accordance with the terms of the endorsement.

                  (6)        For the purposes of subsection 15(1) where by reason of a physical disability of the holder of a recognised licence his licence is endorsed by its issuing authority with a restriction limiting in any way the holder’s authority to drive motor vehicles, the holder of the licence shall be deemed not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle he is doing so in accordance with the terms of that restriction.

Registrar’s powers in relation to persons unfit to hold a licence, or disqualified from driving

      19.       The Registrar shall —

                  (a)        refuse to issue a licence; or

                  (b)        cancel, or suspend for such period as he thinks fit, a licence; or

                  (ba)      for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or

                  (c)        refuse to renew a licence,

if the applicant or holder of the licence, as the case may be, is —

                  (d)       in the Registrar's opinion, unfit to be the holder of a licence, by virtue of a conviction in Norfolk Island or an outside jurisdiction; or

                  (e)        by virtue of a judgment, order or decision given or made under the law in force in Norfolk Island or an outside jurisdiction, disqualified from driving a motor vehicle —

                              (i)   on Norfolk Island; or

                              (ii)  in the place in which the judgment, order or decision was given or made,

as the case may be.

Registrar’s powers in relation to licence holders presenting danger to public

      20.       (1)        If the Registrar is satisfied that by reason of a mental or physical disability the holder of a licence would be a danger to the public if he were to drive a motor vehicle on a road he shall —

                  (a)        if the holder is the holder of a licence - revoke that licence; or

                  (b)        if the holder is the holder of a recognised licence—cancel the operation of the licence in Norfolk Island.

                  (2)        The holder of a licence revoked in accordance with paragraph 20(1)(a) shall within 7 days of receiving notice of the revocation return the licence to the Registrar.

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent conviction —  6 penalty units.

Notice to be given

      21.       (1)        If the Registrar —

                  (a)        refuses to grant a licence; or

                  (b)        cancels or suspends a licence; or

                  (ba)      cancels the operation of a recognised licence in Norfolk Island; or

                  (c)        refuses to renew a licence; or

                  (d)       revokes a licence; or

                  (e)        declares the holder of a recognised licence disqualified from obtaining a licence for a period;

he shall serve by post written notice of his action on the applicant or holder of the licence, as the case may be.

                  (2)        For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.

Appeals

      22.       (1)        Subject to subsection 22(2), a person aggrieved by an action of the Registrar in —

                  (a)        refusing to grant him a licence; or

                  (b)        cancelling or suspending his licence; or

                  (ba)      cancelling the operation of the person’s recognised licence in Norfolk Island; or

                  (c)        refusing to renew his licence; or

                  (d)       revoking a licence; or

                  (e)        declaring the person disqualified from obtaining a licence for a period;

may, within 28 days after service on him of a notice under section 21, appeal to the Court against the action of the Registrar.

                  (2)        Subsection 22(1) has no application where the Registrar acts under section 19 pursuant to a judgment, order or decision of the Court or the Supreme Court of Norfolk Island.

                  (3)        On an appeal under subsection 22(1) —

                  (a)        notice of the appeal shall be served on the Registrar; and

                  (b)        the Registrar shall be made a party in the action.

                  (4)        On an appeal under subsection 22(1) the Court may make such decision as it considers appropriate and that decision is final and conclusive.

Special provisions applicable to provisional licences and recognised licences

      22A     (1)        If:

                  (a)        a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and

                  (b)        the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;

then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.

                  (2)        For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:

                  (a)        the description of modifications that must be made to the motor vehicle; and

                  (b)        the description of equipment that must be fitted to the motor vehicle.

                  (3)        For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.

Special provisions applicable to learners licences

      23.       (1)        The Registrar may endorse on a learners licence the class or description of motor vehicle the holder of the licence may drive, and —

                  (a)        the hours; and

                  (b)        the localities,

during, and in which, the holder of the learners licence may drive a motor vehicle.

                  (2)        For the purposes of subsection 15(1) where a learners licence is endorsed in accordance with subsection 23(1) or subsection 47(5) the holder of the licence shall be deemed not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle he is doing so in accordance with the terms of the endorsement.

                  (3)        A person who is the holder of a learners licence shall not, subject to subsection (1) drive a motor vehicle, other than a motor cycle, on a road unless any seat next to him is occupied by a person who is the holder of —

                  (a)        a drivers licence; or

                  (b)        a recognised licence corresponding to a drivers licence,

not being a licence valid only for the purpose of driving motor cycles.

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent conviction —  6 penalty units.

                  (4)        A person who is the holder of a learners licence shall not drive a motor cycle on a road while the motor cycle is carrying a pillion rider.

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent conviction —  6 penalty units.

Special provisions applicable to provisional licences and recognised provisional licences

      23A.    (1)        The Registrar may endorse on a provisional licence or recognised provisional licence the class or description of motor vehicle the holder of the licence may drive, and —

                  (a)        the hours; and

                  (b)        the localities,

during, and in which, the holder of the provisional licence or recognised provisional licence may drive a motor vehicle.

                  (2)        For the purposes of subsection 15(1) where a provisional licence or recognised provisional licence is endorsed in accordance with subsection (1) or subsection 47(5) the holder of the licence shall be deemed not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement and this section.

                  (3)        A person who is the holder of a provisional licence or recognised provisional licence shall not during the first 12 months of issue of the licence, drive a motor cycle on a road while the motor cycle is carrying a pillion rider.

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent conviction —  6 penalty units.

Special provisions relating to ute tray riding

      23B.    (1)        The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.

                  (2)        If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.

Power of member of police force to require production of licence

      24.       (1)        This section applies to —

                  (a)        a person driving a motor vehicle on a road;

                  (b)        a person whom a member of the police force has reasonable cause to believe to have been the driver of a motor vehicle at a time when an accident occurred owing to the presence of the vehicle on a road;

                  (c)        a person whom a member of the police force has reasonable cause to believe to have committed an offence in relation to the use of a motor vehicle on a road;

                  (d)       a person supervising the holder of a learners licence while the holder is driving a motor vehicle on a road;

                  (e)        a person whom a member of the police force has reasonable cause to believe was supervising the holder of a learners licence while the holder was driving a motor vehicle on a road at a time when an accident occurred owing to the presence of the vehicle on a road; or

                  (f)        a person whom a member of the police force has reasonable cause to believe was supervising the holder of a learners licence while the holder of a learners licence was driving a motor vehicle on a road at a time when an offence is suspected of having been committed by the holder in relation to the use of the vehicle on a road.

                  (2)        Subject to subsection 24(3), a person to whom this section applies shall, on being required to do so by a member of the police force —

                  (a)        state his name and address and his date of birth; and

                  (b)        produce his licence for examination to enable that member of the police force to ascertain —

                              (i)   the name and address recorded on that licence; and

                              (ii)  its date of issue; and

                              (iii) the authority by which it was issued.

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent conviction —  6 penalty units.

                  (3)        A person shall not be guilty of an offence under subsection 24(2) if —

                  (a)        he correctly states his name and address and date of birth when required to do so under paragraph 24(2)(a); and

                  (b)        within 24 hours of being required to produce his licence under paragraph 24(2)(b) he does so in person at the police station.

Driving with L or P plates without appropriate licence

      24A.    (1)        A person commits an offence if:

                  (a)        the person drives a motor vehicle; and

                  (b)        an “L” plate sign is affixed to the vehicle; and

                  (c)        the person does not hold a learners licence.

      Penalty:           (a)  for a first offence—not less than 0.5 or more than 2 penalty units; and

                              (b)  for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.

                  (2)        A person commits an offence if:

                  (a)        the person drives a motor vehicle; and

                  (b)        a “P” plate sign is affixed to the vehicle; and

                  (c)        the person does not hold a provisional licence or a recognised provisional licence.

      Penalty for contravention of this subsection:

                              (a)  for a first offence—not less than 0.5 or more than 2 penalty units; and

                              (b)  for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.

 

PART 6  —  RULES OF THE ROAD

Traffic signs generally

      25.       (1)        Traffic signs shall be of a size, colour and type approved by the Minister.

                  (2)        Subject to subsection 25(10), the Minister may give such directions for the control of motor or horse drawn vehicles or cycles on a road as, in his opinion, may be necessary or desirable.

                  (3)        A direction under subsection 25(2) may be limited to time, place or subject matter.

                  (4)        A direction under subsection 25(2) shall have no effect unless there is erected or displayed on or near, or marked on, the road to which the direction relates a traffic sign that is notice of the direction and that is readily visible and legible to persons to whom it is applicable.

                  (5)        A driver of a motor or horse drawn vehicle or cycle shall comply with a direction given by a traffic sign which is applicable to him.

      Penalty:           Where this Act or any other enactment does not prescribe a penalty for failing to comply with a direction given by a traffic sign —

                  (a)        3 penalty units; or

                  (b)        in the case of a second or subsequent conviction —  6 penalty units.

                  (6)        A person shall not —

                  (a)        without the approval of the Minister interfere with, alter or remove a traffic sign erected, or displayed on, or near, or marked on, a road; or

                  (b)        erect or display on, or near, or mark on, a road a standard, sign, notice or device that might reasonably be mistaken to be a traffic sign.

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent conviction —  6 penalty units.

                  (7)        A person who has erected, displayed or marked a standard, sign, notice or device in contravention of subsection 25(6) shall, if requested to do so by a member of the police force, forthwith remove that standard, sign, notice or device.

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent conviction —  6 penalty units.

                  (8)        Without affecting the liability of a person under subsection 25(7), a member of the police force may remove a standard, sign, notice or device erected, displayed or marked in contravention of subsection 25(6).

                  (9)        In proceedings in respect of an offence under this Act a traffic sign shall be deemed —

                  (a)        to be of a size, colour and type approved by the Minister; and

                  (b)        to have been erected, displayed or marked with the approval of the Minister; and

                  (c)        to have been readily visible and legible to persons to whom it is applicable,

unless the contrary is proved.

(10)      The Minister shall not give a direction under subsection 25(2) which would permit a person to drive a motor vehicle on any section of road at a speed exceeding 50 kilometres an hour.

(11)      The provisions of this section apply to a traffic sign erected at any public place.

Action to be taken at STOP signs

      26.       (1)        A driver of a motor or horse drawn vehicle or cycle on a road approaching a traffic sign which —

                  (a)        is applicable to the vehicle or cycle he is driving; and

                  (b)        is inscribed with the word “STOP”; and

                  (c)        is facing in the direction from which he is travelling; and

                  (d)       is situated at or near a traffic sign comprising a line marked across or partly across the carriageway of the road at or near the junction or intersection of that road and another road,

shall —

                  (e)        stop the vehicle or cycle immediately before reaching the line marked on the road; and

                  (f)        not proceed beyond that line until able to do so without hindering the progress of any motor or horse drawn vehicle or cycle passing along that other road.

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent conviction —  6 penalty units.

                  (2)        For the purposes of subsection 26(1), a reference to a road does not include a reference to a public place.

Action to be taken at GIVE WAY sign

      27.       (1)        The driver of a motor or horse drawn vehicle or cycle on a road approaching a traffic sign which —

                  (a)        is applicable to the vehicle or cycle he is driving; and

                  (b)        is inscribed with the words “GIVE WAY”; and

                  (c)        is facing in the direction from which he is travelling; and

                  (d)       is situated at, near or within the junction or intersection of that road and another road,

shall if —

                  (e)        a motor or horse drawn vehicle or cycle is approaching the road on which he is driving from that other road; and

                  (f)        the circumstances are such that there is a reasonable possibility that —

                              (i)   the vehicles or cycles, as the case may be, might arrive at the same point simultaneously; or

                              (ii)  a dangerous situation might be created,

either decrease the speed of his vehicle or cycle to such an extent, or stop his vehicle or cycle for such time, as is necessary to avoid that possibility or situation.

      Penalty:           (a)  3 penalty units; or

                  (b)        in the case of a second or subsequent conviction —  6 penalty units.

                  (2)        For the purposes of subsection 27(1), a reference to a road does not include a reference to a public place.

Action to be taken at speed limit signs

      28.       (1)        The driver of a motor or horse drawn vehicle or cycle on a road approaching a traffic sign which —

                  (a)        is applicable to the vehicle or cycle he is driving; and

                  (b)        is inscribed with numbers or numbers and letters intended to indicate a certain number of kilometres an hour; and

                  (c)        is facing in the direction from which he is travelling,

shall not drive the vehicle or cycle at a speed exceeding the number of kilometres an hour indicated by the traffic sign on any part of that road that is between that traffic sign and the next succeeding traffic sign that —

                  (d)       is applicable to the vehicle or cycle he is driving and is inscribed with numbers or letters or numbers and letters intended to indicate —

                              (i)   a certain number of kilometres an hour; or

                              (ii)  the termination of the speed limit imposed by that previous traffic sign; and

                  (e)        is facing in the direction from which he is travelling.

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent conviction —  6 penalty units.

                  (2)        Nothing in subsection 28(1) shall be construed as justifying the driving of a motor or horse drawn vehicle or cycle at a speed which, having regard to the circumstances, is dangerous to users of the road, notwithstanding that the vehicle or cycle is being driven at a speed that does not exceed the permitted speed.

                  (3)        Subsection 28(1) shall not apply to a vehicle when it is being used for fire brigade, ambulance or police purposes, if the observance of that provision would be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion.

                  (4)        For the purposes of this section, a reference to a road does not include a reference to a public place.

Action to be taken at a pedestrian crossing

      28A.    (1)        The driver of a motor or horse drawn vehicle or cycle approaching a pedestrian crossing shall drive at a speed at which the driver is able to stop the vehicle or cycle before it reaches the pedestrian crossing.

                  (2)        If there is a reasonable possibility that a motor or horse drawn vehicle or cycle will collide with a pedestrian on a pedestrian crossing, the driver of the vehicle or cycle shall slow or stop the vehicle or cycle so as to allow the pedestrian to pass in front of it.

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent conviction — 6 penalty units.

Action to be taken at a school crossing

      28B.    (1)        The driver of a motor or horse drawn vehicle or cycle approaching a school crossing shall drive at a speed at which the driver is able to stop the vehicle or cycle before it reaches the school crossing.

                  (2)        The driver of a motor or horse drawn vehicle or cycle shall not drive the vehicle or cycle on a school crossing if a pedestrian is on the school crossing.

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent conviction — 6 penalty units.

Action to be taken at NO PARKING etc, signs

      29.       A person shall not stop or park a motor or horse drawn vehicle or cycle or cause such a vehicle or cycle to stand in contravention of the terms of a traffic sign.

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent conviction —  6 penalty units.

Giving way

      29A.    (1)        Where —

                  (a)        a motor or horse drawn vehicle or cycle (“the relevant vehicle”) on a road is approaching the junction or intersection of that road and another road;

                  (b)        another vehicle or cycle is approaching the same junction or intersection —

                              (i)   from his right; or

                              (ii)  where the first-mentioned road is a terminating road —  from either his right or his left; and

                  (c)        the circumstances are such that it is a reasonable possibility that the relevant vehicle and the other vehicle or cycle might arrive at the same point simultaneously or that a dangerous situation might otherwise be created,

the driver of the relevant vehicle must slow or stop it to avoid that possibility or situation.

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent conviction —  6 penalty units.

                  (2)        Subsection 29A(1) does not apply —

. . . .

                  (b)        where the other vehicle is facing or has passed a sign inscribed with the word “STOP” or the words “GIVE WAY” erected at or near the junction or intersection.

                  (3)        For the purposes of subsection 29A(1), a terminating road is a road that does not continue past its junction with another road.

                  (4)        For the purposes of this section, a reference to a road does not include a reference to a public place.

Give way rule to be observed at roundabouts

      29B.    Where —

                  (a)        a motor or horse drawn vehicle or cycle (“the relevant vehicle”) on a road is approaching a roundabout; and

                  (b)        another vehicle or cycle is being driven within the roundabout and is approaching the relevant vehicle from the right; and

                  (c)        the circumstances are such that it is a reasonable possibility that the relevant vehicle and the other vehicle or cycle might arrive at the same point simultaneously or that a dangerous situation might otherwise be created,

the driver of the relevant vehicle must slow or stop it to avoid that possibility or situation.

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent conviction - 6 penalty units.

PART 7  —  MOTORING OFFENCES

Reckless and dangerous driving

      30.       A person who drives a motor vehicle on a road —

                  (a)        recklessly; or

                  (b)        at a speed which is dangerous to the public; or

                  (c)        in a manner which is dangerous to the public,

having regard to all the circumstances of the case, including —

                  (d)       the nature, condition and use of the road; and

                  (e)        the amount of traffic which —

                              (i)   is actually at the time; or

                              (ii)  might reasonably be expected to be,

                  on the road,

is liable on conviction —

                  (f)        to a fine not exceeding 15 penalty units or to imprisonment for a term not exceeding 4 months or to both such fine and imprisonment; or

                  (g)        in the case of a second or subsequent conviction - to a fine not exceeding 30 penalty units or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment.

Negligent and inconsiderate driving

      31.       A person who drives a motor vehicle on a road —

                  (a)        negligently; or

                  (b)        without reasonable consideration for other road users,

is liable on conviction —

                  (c)        to a fine not exceeding 9 penalty units; or

                  (d)       in the case of a second or subsequent conviction - to a fine not exceeding 18 penalty units.

Use of mobile phones while driving

      31A.    (1)        The driver of a motor vehicle on a public road must not use a mobile phone while the vehicle is moving or is stationary but not parked.

      Penalty:           For a first offence 2 penalty units.

                              For a second or subsequent offence 5 penalty units.

                  (2)        Subsection 31A(1) does not apply to the driver of a police or fire services vehicle or ambulance.

                  (3)        In this section, a mobile phone is a hand held radio device utilised for the purpose of two-way radio communication between two or more points, and may connect to  —

                  (a)        a trunking system; or

                  (b)        a cellular mobile phone network,

and includes  —

                  (c)        a hand held radio transceiver; and

                  (d)       a walkie talkie device.

Driving under the influence of drink or drugs

      32.       (1)        A person who drives or attempts to drive a motor vehicle―

                  (a)        whilst under the influence of —

                              (i)         intoxicating liquor; or

                              (ii)        a drug or psychotropic substance; or

                  (b)        whose blood alcohol content─

                              (i)   being a novice driver falls within the novice range PCA; or

                              (ii)  being the driver of a commercial vehicle is greater than zero but does not fall within the high range PCA; or

                              (iia)      being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or

                              (iii) being any other class of driver, falls within the low range PCA, the mid-range PCA, or the high range PCA

                  is guilty of an offence.

                              Penalty:     (1)        paragraph (a)─

      (a)  for a first conviction―15 penalty units or 4 months imprisonment or both; or

      (b)  for a second or subsequent conviction―30 penalty units or 6 months imprisonment or both.

(2)  sub paragraph (b)(i)─

      (a)  for a first conviction─5 penalty units and cancellation of licence for not less than 3 or more than 6 months;

      (b)  for a second or subsequent conviction─15 penalty units and cancellation of licence for not less than 6 or more than 12 months.

(3)  sub-paragraph (b)(ii) or (iia)─ as for a mid-range PCA.

(4)  sub-paragraph (b)(iii)─

      If a low range PCA─

      (a)  for a first conviction─10 penalty units and cancellation of licence for not less than one or more than 3 months;

      (b)  for a second or subsequent conviction─ 30 penalty units and cancellation of licence for not less than one or more than 3 months;

      If a mid-range PCA─

      (a)  for a first conviction─15 penalty units or 4 months imprisonment or both, and cancellation of licence for not less than 3 or more than 6 months;

      (b)  for a second or subsequent conviction─ 30 penalty units or 6 months imprisonment or both, and cancellation of licence for not less than 6 or more than 12 months.

      If a high range PCA─

      (a)  for a first offence─20 penalty units or 6 months imprisonment or both and cancellation of licence for not less than 6 or more than 12 months;

      (b)  for a second or subsequent offence─40 penalty units or not less than 6 or more than 12 months imprisonment or both, and cancellation of licence for not less than 12 or more than 24 months

Note:       1.     An offence under this section is a ‘major driving offence’ (but see section 52C).

                2.     Part 8 provides for suspension and cancellation of licences.

                  (1A)     In subparagraph (1)(b)(iii) reference to “any other class of driver”, includes:

                  (a)        a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and

                  (b)        a novice driver whose blood alcohol content exceeds the novice range PCA; and

                  (c)        a driver of a commercial vehicle whose blood alcohol content falls within the high range PCA; and

                  (d)       a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility.

                  (2)        A member of the police force may arrest without warrant a person —

                  (a)        committing; or

                  (b)        whom he reasonably suspects is committing,

                  an offence under subsection (1).

                  (3)        A member of the police force who has reasonable cause to suspect that a person has committed an offence against subsection (1) may require a person to undergo a breath analysis, or to have a blood sample taken in accordance with the directions of the member, if the member has reasonable cause to believe that the person ―

                  (a)        is or was driving a motor vehicle on a road; or

                  (b)        is or was occupying the driving seat of a motor vehicle on a road and attempting to put the motor vehicle in motion,

or, if a motor vehicle is involved in an accident and —

                  (c)        the member has reasonable cause to suspect that the person was the driver of the motor vehicle at the time of the accident; or

                  (d)       the member does not know, or has doubt as to, who was the driver of the motor vehicle at the time of the accident but has reasonable cause to suspect that the person was in the vehicle at the time of the accident.

                  (4)        A person required to undergo a breath analysis may be detained, by the member of the police force who required the person to undergo the analysis or by another member, for the purpose of submitting breath for analysis.          

                  (5)        Where, in any proceedings in a Court, the Court is satisfied that one or 2 breath analyses were carried out on a sample or samples of a person’s breath before the expiration of 2 hours after the event referred to in subsection (3) as a result of which the breath analysis was or analyses were carried out, the person shall be deemed, whether or not evidence is given that the person consumed alcohol after the time of the event, to have had, at the time of the event, a concentration of alcohol in his or her blood not less than the concentration, or the lower concentration, assessed by the analysis or analyses.

                  (6)        A person may be convicted under paragraph (1)(a)―

                  (a)        if no breath analysis or blood test has been done; or

                  (b)        if a breath analysis or blood test has been done but the blood alcohol reading is less than a concentration of 0.05 grams of alcohol in 100 millilitres of blood,

if the court is satisfied that the person charged was under the influence of intoxicating liquor.

                  (7)              A breath analysis or blood test carried out under this section must be carried out in accordance with the Regulations.

                  (7B)     Where regulations for the purpose of subsection (7) require an approved breath analysis device to be operated by an authorised person that person must be a member of the Police Force authorised by the officer in charge of the Police Force to operate such a device.

      (7C)     (a)        a statement by a member of the Police Force, orally or in writing, given or produced in evidence in any court proceeding, that the member was at a stated time or times authorised by the officer in charge of the Police Force to operate an approved breath analysis device, shall be sufficient evidence of that fact unless the contrary is proven; and

                              (b)        a certificate in writing by the officer in charge of the Police Force that a member of the Police Force named in the certificate was at a stated time or times authorised to operate an approved breath analysis device shall be conclusive evidence of that fact.

                  (8)        In proceedings for an offence under this section a certificate purporting to be made and signed in accordance with the Act or the Regulations is admissible and is prima facie evidence of the particulars certified in and by the certificate.

                  (9)        A person who―

                  (a)        fails to comply with the reasonable directions of―

                              (i)         a member of the police force; or

                              (ii)        in accordance with Regulations for the taking of a blood sample, an approved person,

given for the purposes of taking a sample of breath for analysis or a blood sample under subsection (3);

                  (b)        if required by a police officer under subsection (3) to submit to a breath analysis, refuses or fails to submit to that analysis in accordance with the directions of the officer;

                  (c)        if detained under subsection (4), removes himself or herself from the presence of except with, and in accordance with, the permission of the member;

      (d)       fails to comply with a requirement or reasonable direction of a member of the police force issued in accordance with this section;

                  (e)        wilfully does anything to alter the concentration of alcohol in the person’s blood if the person is required by a police officer to submit to a breath analysis or blood analysis — between the time of the event referred to in subsection (3) in respect of which the person has been required by a police officer to undergo breath analysis and the time when the person submits to the breath analysis or blood test,

commits an offence.

                              Penalty ― 30 penalty units or 6 months imprisonment or both.

Note:      1.     An offence against paragraph (b) or (c) is a ‘major driving offence’.

                2.     Part 8 provides for suspension and cancellation of licences.

                  (11)      An offence under subsection (1) is an offence of strict liability.

                        Note: ¾ For strict liability see section 23 of the Criminal Code 2007.

Power to conduct random breath or saliva testing

      32A.    (1)        A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:

                  (a)        the person is or was driving a motor vehicle on a road; or

                  (b)        the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or

                  (c)        the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.

                  (2)        Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.

                  (3)        Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.

                  (4)        If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.

      Penalty:           10 penalty units.

Arrest following failed breath or saliva test etc.

      32B.    (1)        A member of the police force may exercise the powers mentioned in subsection (2) in respect of a person if:

                  (a)        both of the following apply:

                              (i)   it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;

                              (ii)  the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or

                  (aa)      both of the following apply:

                              (i)   it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;

                              (ii)  the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or

                  (b)        it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or

                  (c)        the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or

                  (d)       it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or

                  (e)        the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.

                  (2)        The powers that the member of the police force may exercise in respect of the person are as follows:

                  (a)        the power to arrest the person, without warrant;

                  (b)        the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;

                  (c)        the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);

                  (d)       if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.

Saliva analysis or blood testing following arrest

      32C.    (1)        If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.

                  (2)        The analysis must be done in accordance with regulations made for the purposes of this subsection.

                  (3)        If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.

                  (4)        A blood sample taken under subsection (3) must be taken in accordance with the Regulations.

Offence of obtaining a licence or driving while disqualified, etc

      33.       (1)        A person —

                  (a)        whose licence is suspended or cancelled; or

                  (aa)      who holds a recognised licence, the operation of which in Norfolk Island is cancelled; or

                  (b)        who is disqualified from obtaining a licence,

either under a law in force in Norfolk Island or an outside jurisdiction and who —

                  (c)        obtains a learners licence, a provisional licence or a drivers licence; or

                  (d)       drives or attempts to drive a motor vehicle on a road otherwise than with a special licence or a probationary licence,

….

is liable on conviction —

                  (f)        to a fine not exceeding 15 penalty units or to imprisonment for a term not exceeding 4 months or to both such fine and imprisonment; or

                  (g)        in the case of a second or subsequent conviction - to a fine not exceeding 30 penalty units or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment.

                  (2)        In proceedings in respect of an offence under subsection 33(1), a certificate signed or purporting to be signed by the Clerk that sets out the details of the relevant suspension, cancellation or disqualification is evidence of the details set out in that certificate.

Speeding

      34.       (1)        A person shall not drive a motor or horse drawn vehicle or cycle on a section of road or in a public place at a speed exceeding the maximum speed applicable in relation to that vehicle or cycle on that section of the road or in that public place.

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent conviction  —  6 penalty units.

                  (2)        Subject to any directions given by the Minister under subsection 25(2), the maximum speed applicable in relation to —

                  (a)        a section of road - is 50 kilometres an hour; and

                  (b)        a public place - is 25 kilometres an hour.

                  (3)        Subsection 34(1) shall not apply to a vehicle when it is being used for fire brigade, ambulance or police purposes, if the observance of that provision would be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion.

                  (4)        For the purposes of this section, a reference to a road does not include a reference to a public place.

False statements and withholding material information

      35.       A person shall not make a false statement or withhold material information for the purpose of obtaining —

                  (a)        the registration, renewal of the registration, of a motor vehicle under section 7; or

                  (b)        the transfer of the registration of a motor vehicle under section 9; or

                  (d)       the assignment to himself or to any other person of a general identification mark under section 12; or

                  (e)        the issue to himself or to any other person of a —

                              (i)   learners licence; or

                              (ii)  drivers licence; or

                  (f)        the issue to himself or any other person of a document or other thing issued by the Registrar or the Administration under this Act.

      Penalty:           (a)  15 penalty units; or

                              (b)  in the case of a second or subsequent conviction —  30 penalty units.

Forgery of documents, etc

      36.       (1)        This section applies to the following documents and other things —

                  (a)        a document issued by the Registrar in respect of the registration of a motor vehicle;

                  (b)        a number plate issued by the Registrar under section 8;

(c)        an identification mark assigned to a dealer by the Registrar under section 12;  

                  (d)       a licence; and

                  (e)        a document or other thing issued by the Registrar or the Administration under this Act.

                  (2)        A person shall not, with intent to deceive —

                  (a)        forge or alter, or use or lend to, or allow to be used by, any other person, a document or other thing to which this section applies; or

                  (b)        make or have in his possession a document or other thing so closely resembling a document or other thing to which this section applies as to be calculated to deceive.

      Penalty:           (a)  15 penalty units; or

in the case of a second or subsequent conviction —  30 penalty units.

Riding on motor cycle

      37.       (l)         The rider of a  moped, or a motor cycle or motor tricycle that is moving, or is stationary but not parked, must  —

                  (a)        sit astride the rider’s seat facing forwards; and ride with at least 1 hand on the handlebars; and

                  (b)        if the  moped, or a motor cycle or motor tricycle is moving  —  keep both feet on the footrests designed for use by the rider of the  moped, or a motor cycle or motor tricycle.

      Penalty:           3 penalty units.

                              For a second or subsequent offence 6 penalty units.

                  (2)        A passenger on a  moped, or a motor cycle or motor tricycle (except a passenger in a sidecar) that is moving, or is stationary but not parked, must  —

                  (a)        sit astride the pillion seat facing forwards; and

                  (b)        keep both feet on the footrests designed for use by a pillion passenger on the  moped, or a motor cycle or motor tricycle.

      Penalty:           3 penalty units.

                  (3)        The rider of a  moped, or a motor cycle or motor tricycle must not ride with a passenger (except a passenger in a sidecar) unless the passenger complies with subsection 37(2).

      Penalty:           3 penalty units.

                  (4)        The rider of a moped, or a motor cycle or motor tricycle must not ride with ¾

                  (a)        more than 1 passenger (excluding any passenger in a sidecar);

                  (b)        a passenger who has not attained the age of 4 years; or

                  (c)        with any animal or bird.

      Penalty:           3 penalty units.

                  (5)        The rider of a moped, or a motor cycle or motor tricycle must not ride with more passengers in a side car than the sidecar is designed to carry.

      Penalty:           3 penalty units.

                  (6)        A provision of this section does not apply to a person if the person is exempt from the provision under another law or by Regulations.

Wearing motor cycle and cycle helmet

      38.       (1)        The rider of a motor cycle that is moving, or is stationary but not parked, must  —

                  (a)        wear a prescribed motor cycle helmet securely fitted and fastened on the rider’s head; and

                  (b)        not ride with a passenger unless the passenger complies with subsection 38(2).

      Penalty:           3 penalty units.

In the case of a second or subsequent conviction  —  6 penalty units.

                  (2)        A passenger on a motor cycle that is moving, or is stationary but not parked, must wear a prescribed motor cycle helmet securely fitted and fastened on the passenger’s head.

      Penalty:           3 penalty units.

In the case of a second or subsequent conviction  —  6 penalty units.

                  (3)        The rider of a cycle that is moving must wear a prescribed cycle helmet securely fitted and fastened on the rider’s head.

      Penalty:           (a)     0.5 penalty unit.

                              (b)     in the case of a second or subsequent conviction  —  1 penalty unit.

….

                  (5)        In this section  —

prescribed cycle helmet” means a protective helmet for cycle riders (other than motor cycle riders) that conforms with Regulations;

      “prescribed motor cycle helmet” means a protective helmet for motor cycle riders that conforms with Regulations;

….

      “passenger”, of a motor cycle, includes a person on the pillion seat of the motor cycle, or in a sidecar.

Exemption from requirement to wear safety helmet

      38A.    (1)        Section 38 does not apply to a person —

                  (a)        in respect of whom an exemption certificate is in force under this section; and

                  (b)        who, if requested to do so by a member of the police force, immediately produces the certificate for the inspection of the member.

                  (2)        A person may apply in writing to the Chief Executive Officer for a certificate to be issued exempting the person from the requirements of section 38.

                  (3)        Such an application is to be accompanied by written information from a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) stating the practitioner’s views as to whether the wearing of a safety helmet does, or would, adversely affect the health of the applicant to an extent that does, or would, outweigh the benefits to be derived from wearing a safety helmet.

                  (4)        The Chief Executive Officer, after considering an application and the information referred to in subsection 38A(3), may grant or refuse to grant an exemption certificate.

                  (5)        An exemption certificate shall —

                  (a)        specify the name of the person exempted by it;

                  (b)        be signed by the Chief Executive Officer; and

                  (c)        specify the period, not exceeding 1 year, for which the certificate is to be in force.

Motor cyclist to wear footwear

      39.       (1)        A person shall not —

                  (a)        drive a  moped, or a motor cycle or motor tricycle on a road; or

            (b)        be carried as a passenger on a  moped, or a motor cycle or motor tricycle on a road,

unless he is wearing approved footwear which is appropriately adjusted on his feet.

      Penalty:           (a)  3 penalty units; or

                        (b)  in the case of a second or subsequent conviction —  6 penalty units.

                  (2)        The reference in subsection 39(1) to approved footwear means all types of footwear other than a type of footwear declared by the Chief Executive Officer by notice in the Gazette not to be approved footwear for the purposes of this section.

Noise and smoke

      40.       (1)        A person must not —

                  (a)        drive a motor vehicle on a road —

                              (i)   unless an efficient silencer is affixed to the exhaust pipe of the vehicle and is used in such a manner that the exhaust is projected through the silencer; or

                              (ii)  which causes undue noise that would annoy or distress other persons; or

                              (iii) from any part of which an undue amount of smoke or exhaust fumes is projected; or

                  (b)        make or permit to be made any offensive, loud or unnecessary noise with the horn or other means of alarm, or a radio or sound system installed, affixed to, or carried within a motor vehicle such as to annoy, or be a nuisance to, persons outside the vehicle.

      Penalty:           3 penalty units.

In the case of a second or subsequent conviction —  6 penalty units.

                  (2)        A person must not   —

                  (a)        drive a motor vehicle, in a way that causes the tyres or a substance poured onto the road surface, or both, to smoke when the drive wheels lose traction with the road surface; or

                  (b)        drive a motor vehicle in excess of the speed limit whilst racing another driver of a motor vehicle

      Penalty:           (a)  5 penalty units.

                              (b)  In a second or subsequent conviction —

                              (i)   10 penalty units;

                              (ii)  cancellation of all licences for 1 year;

                              (iii) the motor vehicle being driven may upon the order of the court be confiscated and become the property of the Administration.

How persons must drive or travel in or on a motor vehicle

      40A.    (1)        The driver of a motor vehicle that is a truck or utility vehicle must not permit a person—

                  (a)        under the age of 8 years at any time to travel in or on the open tray; or

                  (b)        at least 8 years old to travel in or on the open tray unless all of the following apply:

                              (i)   the person is seated, between 6 am and 8 pm, on the open tray;

                              (ii)  the sides of that tray are closed and extend at least 150 millimetres above the floor of the tray;

                              (iii) the driver holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);

                              (iv) the driver produces written evidence of that endorsement if required to do so by a member of the police force.

                  Penalty:       5 penalty units.

                  (2)        Nothing in this section relieves a person from any civil or criminal liability arising from the carriage of a person of any age on the back of an open tray of a truck or utility vehicle.

Opening doors and getting out of a vehicle, etc

      40B.    (1)        A person must not get off, or out of, a moving motor vehicle, unless the person is engaged in the door-to-door delivery or collection of goods, or in the collection of waste or garbage, and the motor vehicle is not travelling over 5 kilometres per hour.

      Penalty:           3 penalty units.

                  (2)        A person must not cause a hazard to any person or vehicle by opening a door of a motor vehicle, leaving a door of a motor vehicle open, or getting off, or out of, a motor vehicle.

      Penalty:           3 penalty units.

                  (3)        The driver of a bus must not drive the bus unless the doors of the bus are closed while the bus is moving.

      Penalty:           3 penalty units.

Interfering with the driver’s control of the vehicle, etc

40C.          A passenger in or on a vehicle must not  —

                  (a)        interfere with the driver's control of the vehicle; or

                  (b)        obstruct the driver’s view of the road or traffic.

Penalty:     5 penalty units.

Power to impound vehicles

40D.          (1)        A police officer may detain and impound a vehicle he or she considers has been driven by a person  ¾

                  (a)        recklessly, negligently or in a dangerous manner;

                  (b)        while under the influence of alcohol or drugs;

                  (c)        who is or appears, through a disability, to be unable to properly control the vehicle;

                  (d)       while the vehicle is in an un-roadworthy condition, or is unregistered or damaged and the driver is unable to give a satisfactory explanation for the damage;

                  (e)        and the vehicle appears to have been stolen or the person is not authorised to drive the vehicle;

                  (f)        has been driving the vehicle in breach of section 40.

                  (2)        A vehicle impounded under subsection (1) must not be impounded for more than 7 days unless a magistrate orders otherwise.

                  (3)        A vehicle impounded under this section must be held in a place of impoundment established by the Police Force.

                  (4)        A person who removes or attempts to remove a vehicle from a place of impoundment without the consent of a police officer or the order of a court commits an offence.

                  Penalty:  (a)     5 penalty units; and

                                 (b)     if the offender is the owner of the vehicle – permanent confiscation of the vehicle.

How persons must travel in or on a motor vehicle

      40E.    A person must not drive a motor vehicle with any person, dog or other animal, or bird on the driver’s lap or between the driver and the steering wheel or between the driver and the window nearest to the driver.

                  Penalty:     5 penalty units.

Duty not to leave vehicle in dangerous position

      41.       A person in charge of a motor vehicle or horse drawn vehicle shall not cause or permit the vehicle to remain at rest on a road —

                  (a)        in such a position; or

                  (b)        in such a condition; or

                  (c)        in such circumstances,

as to be likely to cause danger to other persons using the road.

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent conviction 6 penalty units.

Procuring use, etc of motor vehicle by fraud

      42.       A person shall not procure the use or hire of a motor vehicle by fraud or misrepresentation.

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent conviction —  6 penalty units.

Driver to comply with requirement of members of police force

      43.       (1)        The driver of a motor or horse drawn vehicle or cycle shall —

                  (a)        stop the vehicle or cycle; or

                  (b)        make the vehicle or cycle proceed in, or keep to a particular line of traffic,

when directed to do so by a member of the police force engaged in regulating traffic on a road.

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent conviction —  6 penalty units.

                  (2)        Where a member of the police force reasonably suspects that an offence under this Act is being committed he may direct the driver of any motor or horse drawn vehicle or cycle being used in connection with that suspected offence to stop his vehicle or cycle.

                  (3)        The driver of a motor or horse drawn vehicle or cycle shall comply with any directions given to him under subsection 43(2).

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent conviction —  6 penalty units.

Driving motor vehicles fitted with unapproved warning devices and lights

      44.       (1)        No person shall drive a motor vehicle which has fitted to it —

                  (a)        an exhaust whistle, compression whistle, siren horn or alternating dual or multi-tone horn; or

                  (b)        a device capable of producing a sound resembling that produced by a whistle or horn referred to in paragraph 44(1)(a),

unless that whistle, horn or device was fitted to the vehicle with the approval of the Chief Executive Officer.

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent conviction —  6 penalty units.

                  (2)        No person shall drive a vehicle, which —

                  (a)        is not a police vehicle, ambulance or a vehicle used in connection with firefighting; and

                  (b)        has fitted to it a light which might reasonably render the vehicle capable of being mistaken to be a police vehicle, ambulance or a vehicle used in connection with firefighting.

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent conviction —  6 penalty units.

Giving way to certain vehicles

      44A.    The person in charge of a motor vehicle on a road shall take such action with respect to the vehicle as is reasonably necessary to allow to proceed without interference a vehicle that is sounding a siren or a horn or other device that is emitting an alternating or intermittent dual-tone or multi-tone sound.

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent conviction —  6 penalty units.

Directions to be complied with in the vicinity of a fire or accident

      44B.    The driver of a motor vehicle shall —

                  (a)        when in the vicinity of a fire or accident - comply with any reasonable direction given to him by a member of the police force; or

                  (b)        when in the vicinity of a fire - comply with any reasonable direction given to him by a person, who is, or appears to be, extinguishing or controlling the fire or assisting in so doing,

as to moving, controlling, stopping or placing his vehicle.

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent conviction —  6 penalty units.

Speed limit in vicinity of schools

      44C.    A person shall not drive a motor vehicle at a speed exceeding 30 kilometres per hour upon part of a road that is adjacent to a school while scholars are entering or leaving the school or might reasonably be expected to be entering or leaving the school.

      Penalty:           (a)  3 penalty units; or

(b)  in the case of a second or subsequent conviction - 6 penalty units.

Wearing of seatbelts by drivers

      44D.    (1)        The driver of a motor vehicle that is moving, or is stationary but not parked, must wear a seat belt.

                  Penalty:           5 penalty units.

                  (2)        The driver must wear the seatbelt properly adjusted and fastened unless the driver is  —

                  (a)        reversing the vehicle; or

                  (b)        exempt from wearing a seatbelt under section 44G.

Wearing of seatbelts by passengers 16 years old, or older

      44E.    A passenger aged 16 years or older in a motor vehicle that is moving, or is stationary but not parked, must wear a seatbelt properly adjusted and fastened unless the passenger is exempt from wearing a seatbelt under section 44G.

                  Penalty:           5 penalty units.

Wearing of seatbelts by passengers under 16 years old

      44F.     (1)        The driver of a motor vehicle (except a bus, mini bus or motor cycle) that is moving, or is stationary but not parked, must ensure that this section is complied with for each passenger in or on the vehicle who is under 16 years old.

                  Penalty:           5 penalty units.

                  (2)        If the passenger is under 1 year old, the passenger must be restrained in a suitable approved child restraint that is properly fastened and adjusted.

                  (3)        If the passenger is at least 1 year old but under 16 years old, and not exempt from wearing a seatbelt under section 44G, the passenger must be restrained in a suitable approved child restraint that is properly fastened and adjusted, or occupy a seating position fitted with a suitable seatbelt and wear the seatbelt properly adjusted and fastened.

                  (4)        For this section  —

                  (a)        an approved child restraint is available in the vehicle for a passenger if an approved child restraint is fitted in the vehicle and is not occupied by someone else under 16 years old; and

                  (b)        a seating position (whether or not fitted with a seatbelt) is available in the vehicle for a passenger if it is not occupied by someone else under 16 years old; and    

                  (c)        an approved child restraint or seatbelt is suitable for a passenger if it is suitable for restraining, or to be worn by the passenger.

                  (5)        In this section  —

“approved child restraint” means a child restraint approved by or in accordance with Regulations.

Exemptions from wearing seatbelts

      44G.    (1)        A person is exempt from wearing a seatbelt if the person is exempt from wearing a seatbelt under another law and is complying with the conditions (if any) of the exemption under that law.

                  (2)        A person in or on a motor vehicle is exempt from wearing a seatbelt if  —

(a)        (i)         the person is engaged in the door-to-door delivery or collection of goods, or another occupation that requires the person to get in or out of the vehicle, or on or off the vehicle, at frequent intervals; and

                              (ii)        the vehicle is not travelling over 25 kilometres per hour; or

                  (b)        all of the following apply:

                              (i)   the person is at least 8 years old and seated, between 6 am and 8 pm, on the open tray of a truck or utility;

                              (ii)  the sides of that tray are closed and extend at least 150 millimetres above the floor of the tray;

                              (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);

                              (iv) the driver produces written evidence of that endorsement if required to do so by a member of the police force.

                  (3)        A person is exempt from wearing a seatbelt if  —

                  (a)        the person (or, for a passenger, the driver of the vehicle in which the person is a passenger) is carrying a certificate, issued under another law stating that the person is not required to wear a seatbelt; and

                  (b)        the person is complying with the conditions (if any) stated in the certificate.

                  (4)        A person is not exempt under subsection 44G(3) from wearing a seatbelt if the person (or, for a passenger, the driver of the vehicle in which the person is a passenger) does not immediately produce the certificate mentioned in the subsection for inspection when a member of the police force or authorised person asks the person (or the driver), whether the person is exempt from wearing a seatbelt.

                  (5)        A person is exempt from wearing a seatbelt if  —

                  (a)        the person is a passenger in a police or fire services vehicle, or ambulance; and

                  (b)        if the vehicle has 2 or more rows of seats ‑ the person is not in the front row of seats or there is not a seating position available for the person in another row of seats.

Interfering with seatbelts

      44H.    A person must not remove, disable or otherwise interfere with a seat belt, its fitting or anchorage in such a way as to render the seat belt inoperative or less effective.

                  Penalty:     5 penalty units.

Fitting of seatbelts

      44J.     (1)        Nothing in sections 44D to 44H requires a person to install seatbelts on any motor vehicle before the date that is 12 months after the commencement of this section.

                  (2)        After the date that is 6 months after the commencement of this section, no vehicle imported into Norfolk Island that has not been previously registered in Norfolk Island, may be registered unless it has been fitted with approved seatbelts or is exempt by Regulation from the requirements to fit seatbelts.

                  (3)        From the date that is 3 months after the commencement of this section no person shall drive a motor vehicle (other than a motor cycle) that is fitted with seatbelts if the seatbelts are inoperable or defective.

      Penalty:           5 penalty units.

                  (4)        From the date that is 12 months after the commencement of this section no motor vehicle (other than a motor cycle) may be  —

                  (a)        driven on a road; or

                  (b)        registered,

unless it has been fitted with approved seatbelts or is exempt by Regulation from the requirements to fit seatbelts.

      Penalty:           5 penalty units.

                  (5)        For the purposes of section 44J ‘approved seatbelt’ means a seatbelt that is of a kind approved by or in accordance with Regulations.

                  (6)        Nothing in this section or sections 44D to 4H requires a vehicle that is an historic, vintage or veteran vehicle to be fitted with a seat belt or a person travelling as a passenger in any such vehicle to wear a seat belt unless the vehicle is fitted with seatbelts and a seat with seatbelts is available for the passenger.

                  (7)        In subsection (6)─            

“historic vehicle” means a vehicle as close as possible to original condition and more than 30 years of age or older from year of manufacture;

      “veteran vehicle” means manufactured before and including 1918;

      “vintage vehicle” means manufactured between 1919 and 1930.

Airbags provide no exemption

      44K.    The provisions of sections 44D to 44J inclusive have full force and effect notwithstanding that a motor vehicle is fitted with one or more airbags intended to provide for a degree of protection in the event of accident or collision.

PART 8  —  SUSPENSION, DISQUALIFICATION ETC

Suspension following refusal to submit to test

      44L.    If a person who holds a licence refuses to:

                  (a)        undergo a breath analysis, or have a blood sample taken, as required or directed under subsection 32(3); or

                  (b)        submit to a breath test or saliva test as required under subsection 32A(1); or

                  (c)        undergo a saliva analysis as required under subsection 32C(1); or

                  (d)       have a blood sample taken under subsection 32C(3);

the person’s licence is suspended during the period:

                  (e)        beginning at the time of the refusal; and

                  (f)        ending:

                              (i)  if the person is charged with a major driving offence—immediately before the person is so charged; or

                             (ii)  otherwise—24 hours after the time of the refusal.

Suspension or disqualification following charge with major driving offence

      44M.   (1)        If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:

                  (a)        beginning when the person is so charged; and

                  (b)        ending when:

                              (i)   the charge is withdrawn; or

                              (ii)  the person is acquitted or convicted of the offence.

                  (2)        If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:

                  (a)        beginning when the person is so charged; and

                  (b)        ending when:

                              (i)   the charge is withdrawn; or

                              (ii)  the person is acquitted or convicted of the offence.

                  (3)        However, subsection (1) or (2) does not apply to a person if:

                  (a)        the person is charged with an offence against subsection 32(1) (driving under the influence of drink or drugs); and

                  (b)        the charge does not allege that:

                              (i)   the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or

                              (ii)  the person’s blood alcohol content fell within the high range PCA.

Suspension and disqualification following conviction

      45.       (1)        Where a person is convicted of an offence under this Act or in connection with the driving of a motor vehicle the Court may, in addition to any other penalty it imposes in respect of the offence —

                  (a)        if that person holds a licence —

                              (i)   in the case of a learners licence, a provisional licence, a special licence, a probationary licence or a drivers licence - suspend or cancel that licence; or

                              (ii)  in the case of a recognised licence - cancel the operation of that licence in Norfolk Island,

for such period after the conviction as the Court thinks fit, and, if the Court thinks fit, it may also declare the person convicted disqualified from holding or obtaining a learners licence, a provisional licence, a special licence, a probationary licence or a drivers licence, for such period after the conviction, as the Court thinks fit; or

                  (b)        if the person convicted does not hold a licence —

                              (i)   declare him disqualified from holding or obtaining a learners licence, a provisional licence, a special licence, a probationary licence or a drivers licence; and

                              (ii)  declare that the operation of any recognised licence he may obtain be cancelled in Norfolk Island,

                              for such period after the conviction as the Court thinks fit.

                  (2)        Where a Court suspends or cancels a licence, cancels the operation of a recognised licence in Norfolk Island or declares a person disqualified from obtaining a licence it may order that no application for a special licence under section 47 shall be made within a specified period after that suspension, cancellation or disqualification.

                  (3)        Where the Court suspends a licence for a period of 3 months or greater, it shall order the Registrar to delete from the register the relevant demerit points attached to that licence.

Disqualification, etc, compulsory in certain cases

      46.       (1)        Subject to subsection 46(2), where a person is convicted of a major driving offence, the Court which convicts him shall, in addition to any other penalty it imposes in respect of that offence —

                  (a)        order him to be disqualified from holding or obtaining a learners licence, a provisional licence or a drivers licence; and

                  (b)        cancel the operation of any recognised licence he holds or may hold in Norfolk Island,

for such period, being not less than 3 months, as the Court thinks fit.

                  (2)        Notwithstanding subsection 46(1), if the convicted person satisfies the Court that there are special circumstances why the provisions of that subsection should not apply to him, the Court may —

                  (a)        substitute a period shorter than the 3 months; or

                  (b)        not apply the provisions of that subsection in respect of that convicted person.

                  (3)        A period of disqualification and any cancellation of operation of a recognised licence under subsection 46(1) shall start on the date of —

                  (a)        the conviction; or

                  (b)        where a period of disqualification or cancellation is already in effect - the end of that period,

whichever is the later.

Special disqualification provisions in respect of offences committed by persons who have not attained the age of 16 years

      46A.    (1)        Where —

                  (a)        a person is convicted of an offence under this Act; and

                  (b)        that person had not, at the time the offence was committed, attained the age of 16 years,

the Court which convicts him shall, in addition to any other penalty it imposes —

                  (c)        if the convicted person is the holder of a licence - cancel that licence or, in the case of a recognised licence, cancel the operation of that licence in Norfolk Island and declare that person disqualified from obtaining a licence —

                              (i)   for a period which ends when he attains the age of 16 years 3 months; or

                              (ii)  for a period of 3 months after the date of the conviction,

                                    being whichever period ends last;

                  (d)       if the convicted person is not the holder of a licence - declare that person disqualified from obtaining a licence —

                              (i)   for a period which ends when he attains the age of 16 years 6 months; or

                              (ii)  for a period of 6 months after the date of the conviction,

                                    being whichever period ends last,

unless the convicted person satisfies the Court that there are extenuating circumstances why such a penalty should not be imposed.

                  (2)        For the purposes of subsection 46A(1) a person shall be deemed to be the holder of a learners licence although the offence may have been committed —

                  (a)        at a time; or

                  (b)        in a locality,

which constitutes a breach of condition imposed under section 23(1).

Court may vary disqualification, etc, in certain circumstances

      47.       (1)        Subject to subsection 45(2), a person —

                  (a)        whose licence has been suspended or cancelled; or

                  (aa)      who holds a recognised licence, the operation of which in Norfolk Island is cancelled; or

                  (b)        who is disqualified from obtaining a licence,

may apply to the Court for a special licence.

                  (2)        Where an application is made under subsection 47(1) —

                  (a)        notice of the application shall be served on the Registrar; and

                  (b)        the Registrar shall be made a party to the hearing of the application.

                  (3)        The Court, on an application under subsection 47(1), if it is satisfied that —

                  (a)        for the purposes of his or her employment or travelling to and from his or her place of employment, the applicant is required to drive a motor vehicle at certain times; and

                  (b)        in all the circumstances it is a proper case to do so,

shall order the Registrar to grant to the applicant a special licence for the relevant period entitling the applicant to drive a motor vehicle of such a class or description, between such hours of the day and in such localities as the Court orders to be specified in the special licence.

                  (4)        The Registrar shall endorse on the special licence the class or description of motor vehicle and the hours and localities that the Court orders to be specified under subsection 47(3) and such an endorsement is a condition of the special licence.

                  (5)        A special licence granted to a person whose licence has been suspended is subject to any condition or endorsement that the suspended licence is subject to.

                  (5A)     A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.

Note:          See, for example, subsections 18(6) and 22A(3).

                  (6)        A person to whom a special licence is granted under this section shall comply with the conditions and endorsements applicable to the licence under this section.

      Penalty:           (a)  15 penalty units; or

                              (b)  in the case of a second or subsequent conviction —  30 penalty units.

                  (7)        Despite the other provisions of this section, a person may not apply for a special licence in respect of a suspension or disqualification under —

                  (a)        subsection 47E(1) of this Act; or

                  (b)        section 184 of the Court of Petty Sessions Act 1960,

and that suspension or disqualification operates in respect of any special licence held by the person.

PART 8A  —  TRAFFIC INFRINGEMENTS

Traffic infringement notices

      47A.    (1)        Where a member of the police force has reason to believe that a person has committed a prescribed offence, he or she may serve, or cause to be served, on the person a traffic infringement notice in the prescribed form.

                  (2)        A member of the police force may, at any time, withdraw a traffic infringement notice by notice in writing served on the alleged infringer.

                  (3)        An information shall not be laid in respect of an offence arising out of the circumstances on which a traffic infringement notice is based unless, within 28 days after the date of the notice:

                  (a)        a notice under subsection 47A(2); and

                  (b)        a notice advising that such an information will be laid,

is served on the alleged infringer.

                  (4)        Where a traffic infringement notice has been served on a person and before —

                  (a)        the expiration of the period of 28 days after the date of the notice; or

                  (b)        the notice is withdrawn,

whichever first occurs, the amount of the prescribed penalty in relation to the alleged prescribed offence is paid in accordance with the notice —

                  (c)        any liability of the person in respect of the alleged prescribed offence shall be deemed to be discharged; and

                  (d)       no further proceedings shall be taken in respect of the alleged prescribed offence.

                  (5)        Payment of a penalty under this section or section 47B shall not be regarded as an admission of liability for the purpose of, nor in any way affect or prejudice, any civil claim action or proceeding arising out of the alleged offence.

                  (6)        Where —

                  (a)        a traffic infringement notice has been served on a person;

                  (b)        the person has paid the prescribed penalty in relation to the alleged prescribed offence in accordance with the notice; and

                  (c)        the notice is subsequently withdrawn,

an amount equal to the prescribed penalty so paid by the person shall be refunded to the person.

                  (7)        A notice under this section may be served on a person —

                  (a)        by delivering the notice to the person personally;

                  (b)        by sending the notice to the person by post addressed to the person at his or her last-known place of residence or business; or

                  (c)        by leaving the notice at the last-known place of residence or business of the person with a person apparently over the age of 16 years and apparently resident or employed at that place.

                  (8)        Where a person has been served with more than 1 traffic infringement notice in respect of the same prescribed offence, it is sufficient for the application of subsection 47A(4) to a person on whom more than 1 such notice has been served for that person to pay the prescribed penalty in relation to the prescribed offence in accordance with any 1 of the notices so served on him or her.

                  (9)        Nothing in this section shall be construed as requiring the serving of a traffic infringement notice under this section or as affecting the institution or prosecution of proceedings, or limiting the amount of the fine that may be imposed by the Court, in respect of an alleged prescribed offence in relation to which —

                  (a)        a traffic infringement notice has not been served; or

                  (b)        a traffic infringement notice has been served and withdrawn in accordance with this section.

Final notice - non-payment of penalty

      47B.    (1)        Where —

                  (a)        a traffic infringement notice has been served under section 47A; and

                  (b)        the person on whom it is served fails —

                              (i)   to pay the penalty for the traffic infringement within the period specified in the traffic infringement notice; or

                              (ii)  to lodge a notice under section 47D(1);

the person is liable to pay to the Registrar, within 14 days after the date of service by the Registrar of a notice in the prescribed form, or within such further time (not exceeding 28 days) as the Registrar, whether before or after the expiration of that period, allows, the sum of the penalty for the traffic infringement and the administrative charge.

                  (2)        Subsection 47B(1) does not apply where the notice is withdrawn.

                  (3)        Where a notice under subsection 47B(1), has been served on a person and, before the time for payment, or any extension of that time, expires, the penalty for the infringement, and the administrative charge is paid in accordance with the relevant notice any liability of a person in respect of the alleged traffic infringement shall be deemed to be discharged and no further proceedings shall be taken in respect of the traffic infringement.

Disputing liability under traffic infringement notice

      47C.    (1)        A person on whom a traffic infringement notice under section 47A is served may, by notice in writing lodged with a member of the police force within 28 days after the date of the notice, dispute liability for the alleged traffic infringement to which the notice relates.

                  (2)        A notice under subsection 47C(1) shall set out the grounds on which the person relies.

Disputed notices - issue of proceedings

      47D.    (1)        If a person to whom section 47C applies lodges a notice in accordance with that section, a member of the police force may, before the end of the period of 60 days after the lodgement of the notice, lay an information in the Court in respect of the alleged traffic infringement.

                  (2)        Where a person referred to in subsection 47D(1) before the hearing of proceedings in respect of the alleged traffic infringement commences, wishes to pay the penalty for the traffic infringement, the person is liable to pay to the Registrar the sum of —

                  (a)        the penalty for the traffic infringement; and

                  (b)        the administrative charge; and

                  (c)        the prescribed costs, if any, in commencing the proceedings, and disbursements, if any, incurred by the member of the police force to the date of the payment.

                  (3)        Where a person referred to in subsection 47D(1) pays the sum referred to in subsection 47D(2), the proceedings in respect of the traffic infringement shall be discontinued.

                  (4)        Where an information is not laid within the period referred to in subsection 47D(1), a member of the police force shall —

                  (a)        notify the person referred to in that subsection that no further action will be taken in relation to that person in respect of the alleged traffic infringement; and

                  (b)        take no further action in respect of it.

Suspension of licences

      47E.    (1)        Where a person on whom a notice under section 47B has been served —

                  (a)        fails to pay to the Registrar the penalty for the traffic infringement and the administrative charge in accordance with the notice; or

                  (b)        fails to lodge a notice under section 47C(1) in accordance with the notice,

the Registrar shall —

                  (c)        if, at the time the Registrar takes action under this subsection, the person —

                              (i)   is licensed in Norfolk Island - suspend a driving licence issued to that person; or

                              (ii)  is not licensed in Norfolk Island - suspend the person’s right to drive a motor vehicle in Norfolk Island.

                  (2)        A person whose licence to drive in Norfolk Island has been suspended under subsection 47E(1), is not entitled to a refund of fees for the remaining period for which the licence or registration was granted.

                  (3)        The Registrar shall not effect a suspension under subsection 47E(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.

                  (4)        A notice under subsection 47E(3) shall be served by post on the person at his or her last known place of residence or business.

                  (5)        The Registrar shall not issue a licence to a person while the person’s right to drive in Norfolk Island is suspended under subsection 47E(1).

Cancellation of suspension

      47F.     The Registrar shall cancel a suspension effected under section 47E on payment of all amounts payable under section 47B or 47D by the person concerned.

PART 8B  —  DEMERIT POINTS AND PROBATIONARY LICENCES

Interpretation

      47G.    In this Part —

“corresponding offence” means an offence under a law of a State or another Territory or New Zealand that corresponds to an offence prescribed for the purposes of this Part;

      “offence” means an offence prescribed for the purposes of this Part, committed after the commencement of this Part;

“register’ means the Demerits Points Register maintained under section 47I;

      “relevant demerit points”, in relation to a licence, means the demerit points incurred by the holder of the licence in relation to offences that have occurred within any period of 3 years, being demerit points that have been recorded in the register.

Demerit points

      47H.    A holder of a licence who —

                  (a)        is convicted of a prescribed offence; or

                  (b)        pays a penalty in respect of a prescribed offence in respect of which he or she has not been convicted; or

                  (c)        is convicted of a corresponding offence or pays a penalty in respect of such an offence,

incurs the prescribed number of demerit points.

Demerit Points Register

      47I.      (1)        The Registrar shall maintain a register to be known as the Demerit Points Register.

                  (2)        Where a person incurs 1 or more demerit points the Registrar shall record, in relation to the person's licence —

                  (a)        the date of the commission of the offence in respect of which a demerit point is incurred;

                  (b)        the date of the conviction or payment of the penalty; and

                  (c)        the number of demerit points recorded in respect of each offence.

                  (3)        A recording under subsection 47I(2) that is in respect of an offence of which a holder of a licence is convicted shall not be made until that person’s rights of appeal are exhausted and any appeal has been disposed of.

                  (4)        A recording under this section, unless deleted by the Registrar under this Part, is not affected by the expiry of the period for which the relevant licence is in force or by the cancellation of the relevant licence on the application of the holder of the licence.

Transfer of recordings on grant of new licence

      47J.     (1)        Where —

                  (a)        a licence is surrendered for the purpose of obtaining another licence; and

                  (b)        at the same time, or subsequently, another licence is granted to the same person,

the Registrar shall record in the register, in relation to the new licence, the number and relevant details of any relevant demerit points recorded in the register in relation to the previous licence.

                  (2)        Subsection 47J(1) does not apply where a person surrenders a learners licence in order to obtain a drivers licence.

Suspension or cancellation of drivers licence

      47K.    (1)        Where 12 or more relevant demerit points are recorded in the register in relation to a drivers licence, the Registrar shall send to the holder of the licence a written notice that —

                  (a)        sets out the particulars of the relevant demerit points recorded in relation to the licence; and

                  (b)        advises the person that the licence will be suspended for 3 months unless the person, within 14 days after the date of the notice, attends at the office of the Registrar in order to —

                              (i)   have the licence cancelled;

                              (ii)  surrender the licence; and

                              (iii) apply for a probationary licence for a period of 12 months; and

                  (c)        sets out the approved fee for an application for a probationary licence.

                  (2)        Where a person surrenders a drivers licence and applies for a probationary licence, the Registrar shall cancel the licence.

                  (3)        At the expiry of the period of 14 days referred to in paragraph 47K(1)(b) the Registrar shall suspend for 3 months the drivers licence held by the holder of a licence who has not surrendered his or her licence for cancellation and applied for a probationary licence.

                  (4)        The validity of a notice under subsection 47K(1) is not affected by a failure to comply with paragraph 47K(1)(a) or 47K(1)(c).

                  (5)        On taking action under subsection 47K(2) the Registrar shall delete from the register the relevant demerit points by virtue of which the notice under subsection 47K(1) had been sent.

Probationary licence

      47L.    (1)        The Registrar shall on payment of the approved fee grant a probationary licence valid for a period not exceeding 12 months to a person —

                  (a)        whose drivers licence is surrendered and cancelled under section 47K(2); or

                  (b)        who, being a person whose driving licence has been cancelled by the Court, is declared by the Court to be a fit and proper person to hold a driving licence.

                  (2)        A probationary licence shall be granted subject to any conditions that the last licence held by the applicant before obtaining the probationary licence had been subject.

                  (3)        On granting a probationary licence to a person referred to in paragraph 47L(1)(b), the Registrar shall delete from the register all demerit points recorded in relation to the cancelled drivers licence.

Cancellation of probationary licence

      47M.   (1)        Where 2 or more relevant demerit points are recorded in the register in relation to a probationary licence, the Registrar shall send to the holder of the licence a written notice that —

                  (a)        sets out the particulars of the demerit points recorded in the register in relation to the probationary licence; and

                  (b)        advises the holder of the licence that —

                              (i)   14 days after the date of the notice his or her probationary licence will be cancelled; and

                              (ii)  the holder of the licence will cease to be licensed and be disqualified from holding a licence for 6 months.

                  (2)        At the expiry of the period of 14 days after the date of the notice the Registrar shall    —

                  (a)        cancel the probationary licence held by the holder of the licence; and

                  (b)        delete from the register the demerit points by virtue of which the notice under subsection 47M(1) had been sent.

                  (3)        The validity of a notice under subsection 47M(1) is not affected by a failure to comply with paragraph 47M(1)(a).

Suspension of learners licence

      47N.    (1)        Where 4 or more relevant demerit points are recorded in the register in relation to a learners licence, the Registrar shall send to the holder of the licence a written notice that —

                  (a)        sets out the particulars of the relevant demerit points recorded in relation to the learners licence; and

                  (b)        advises the holder of the licence that 14 days after the date of the notice the learners licence will be suspended for 3 months.

                  (2)        At the expiry of the period of 14 days after the date of the notice the Registrar shall —

                  (a)        suspend the learners licence and declare the person disqualified from obtaining a learners licence for a period of 3 months; and

                  (b)        delete from the register the relevant demerit points by virtue of which the notice under subsection 47N(1) had been sent.

                  (3)        The validity of a notice under subsection 47N(1) is not affected by a failure to comply with paragraph 47N(1)(a).

Cancellation of special licence

      47O.    (1)        Where 2 or more relevant demerit points are recorded in the register in relation to a special licence, the Registrar shall send to the holder of the licence a written notice that —

                  (a)        sets out the particulars of the demerit points recorded in relation to the special licence; and

                  (b)        advises the holder of the licence that 14 days after the date of the notice the special licence will be cancelled.

                  (2)        At the expiry of the period of 14 days after the date of the notice the Registrar shall    —

                  (a)        cancel the special licence; and

                  (b)        delete from the register the demerit points by virtue of which the notice under subsection 47O(1) had been sent.

                  (3)        The validity of a notice under subsection 47O(1) is not affected by a failure to comply with paragraph 47O(1)(a).

Cancellation of probationary licence under this Part

      47P.     (1)        Where a probationary licence is cancelled under this Part the person who had been the licensee is disqualified from holding —

                  (a)        a drivers licence other than a special licence; or

                  (b)        a learners licence,

for a period of 6 months.

                  (2)        Where a probationary licence is cancelled under this Part, the person who had held the licence shall not, during the period of 6 months immediately following the cancellation —

                  (a)        obtain a drivers licence other than a special licence; or

                  (b)        obtain a learners licence; or

                  (c)        if he or she does not hold a special licence - drive a motor vehicle.

      Penalty:           40 penalty units or imprisonment for 12 months, or both.

Suspension of provisional licence

      47Q.    (1)        Where 6 or more relevant demerit points are recorded in the register in relation to a provisional licence, the Registrar shall send to the holder of the licence a written notice that─

                  (a)        sets out the particulars of the relevant demerit points recorded in relation to the provisional licence; and

                  (b)        advises the holder of the licence that 14 days after the date of the notice the provisional licence will be suspended for 3 months.

                  (2)        At the expiry of the period of 14 days after the date of the notice the Registrar shall─

                  (a)        suspend the provisional licence and declare the person disqualified from obtaining a provisional licence for a period of 3 months; and

                  (b)        delete from the register the relevant demerit points by virtue of which the notice under subsection (1) had been sent.

                  (3)        The validity of a notice under subsection (1) is not affected by a failure to comply with paragraph (1)(a).

Cancellation of operation of recognised licence corresponding to drivers licence

      47R.    (1)        If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:

                  (a)        sets out the particulars of the relevant demerit points recorded in relation to the licence; and

                  (b)        advises the person that 14 days after the date of the notice:

                              (i)   the operation of the licence in Norfolk Island will be cancelled; and

                              (ii)  the person will be disqualified from obtaining a licence for 3 months.

                  (2)        At the end of the period of 14 days after the date of the notice, the Registrar must:

                  (a)        cancel the operation of the recognised licence in Norfolk Island; and

                  (b)        declare the person disqualified from obtaining a licence for a period of 3 months; and

                  (c)        delete from the register the relevant demerit points because of which the notice under subsection (1) was sent.

                  (3)        The validity of a notice under subsection (1) is not affected by a failure to comply with paragraph (1)(a).

Cancellation of operation of recognised provisional licence

      47S.     (1)        If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:

                  (a)        sets out the particulars of the relevant demerit points recorded in relation to the licence; and

                  (b)        advises the person that 14 days after the date of the notice:

                              (i)   the operation of the licence in Norfolk Island will be cancelled; and

                              (ii)  the person will be disqualified from obtaining a licence for 3 months.

                  (2)        At the end of the period of 14 days after the date of the notice, the Registrar must:

                  (a)        cancel the operation of the recognised provisional licence in Norfolk Island; and

                  (b)        declare the person disqualified from obtaining a licence for a period of 3 months; and

                  (c)        delete from the register the relevant demerit points because of which the notice under subsection (1) was sent.

                  (3)        The validity of a notice under subsection (1) is not affected by a failure to comply with paragraph (1)(a).

PART 9  —  MISCELLANEOUS PROVISIONS

Requirements in case of accident

      48.       (1)        Where, owing to the presence of a motor vehicle on a road, an accident occurs whereby the death of or injury to a person is caused, the driver of every motor vehicle concerned in the accident shall stop and give any assistance which —

                  (a)        may be necessary; and

                  (b)        is in his power to give.

      Penalty:           (a)  15 penalty units; or

                              (b)  in the case of a second or subsequent conviction —  30 penalty units.

                  (2)        Where, owing to the presence of a motor vehicle on a road, an accident occurs whereby —

                  (a)        the death of or injury to a person is caused; or

                  (b)        damage to an extent apparently in excess of —

                              (i)   $500; or

                              (ii)  where some other amount is prescribed, such other amount,

                                    is caused to property,

the driver of every motor vehicle concerned in the accident shall, unless he is unable to do so by reason of personal injury, stop, and shall —

                  (c)        if required to do so by a person having reasonable grounds for so requiring - produce his licence and give particulars of —

                              (i)   his name and address; and

                              (ii)  the identifying number of the motor vehicle; and

                              (iii) the name and address of the owner of that vehicle,

                              and

                  (d)       if required to do so by a member of the police force - forthwith give such particulars as it is in his power to give as to —

                              (i)   the time, place and nature of the accident; and

                              (ii)  the identifying number of every motor vehicle concerned in the accident; and

                              (iii) the name and address of every person who was concerned in, or who witnessed, the accident; and

                              (iv) the extent of any injury or damage caused by, or resulting from, the accident;

                              and

                  (e)        as soon as practicable, and in any case within 24 hours after the accident - give to a member of the police force the particulars mentioned in paragraph 48(2)(d), except where those particulars have already been given by him to a member of the police force.

      Penalty:           (a)  6 penalty units; or

                              (b)  in the case of a second or subsequent conviction —  12 penalty units.

                  (3)        Where, owing to the presence of a motor vehicle on a road, an accident occurs whereby damage to an extent apparently not in excess of —

                  (a)        $500; or

                  (b)        where some other amount is prescribed, such other amount,

is caused to property, the provisions of subsection 48(2) (except paragraph 48(2)(e)) shall apply to the driver of every vehicle concerned in the accident.

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent conviction —  6 penalty units.

                  (4)        A person shall not furnish false or misleading particulars in respect of any matter pursuant to either subsection 48(2) or 48(3).

      Penalty:           (a)  6 penalty units; or

                              (b)  in the case of a second or subsequent conviction —  12 penalty units.

                  (5)        In this section “property” includes a horse, cattle, sheep, pig or dog.

Information to be given to identify driver

      49.       Where the driver of a motor vehicle is alleged to be guilty of an offence under this Act —

                  (a)        the —

                              (i)   owner of the vehicle; or

                              (ii)  person having custody of the vehicle; or

                              (iii) person in whose name it is registered,

shall, if required to do so by a member of the police force, forthwith give information (which shall, if so required, be given in the form of a written statement signed by that owner or person) as to the name and address of that driver; and

                  (b)        any other person shall, if required to do so by a member of the police force, give any information which it is in his power to give and which may lead to the identification of the driver.

      Penalty:           (a)  3 penalty units;

(b)  in the case of a second or subsequent conviction —  6 penalty units.

….

 

Temporary closing of roads

      50.       (1)        The Chief Executive Officer may by notice in the Gazette temporarily close a specified road

                  (a)        to all persons or to a specified class of persons; or

                  (b)        to all vehicles or to a specified class of vehicles; or

                  (c)        to all animals or to a specified class of animals,

if in the opinion of the Chief Executive Officer it is necessary or desirable to do so.

                  (1A)     Without limiting subsection 50(1), a road may be temporarily closed

                  (a)        for the purpose of enabling a public procession or public function to be held on or in the vicinity of the road; or

                  (b)        because the road has become impassable or unsafe for traffic; or

                  (c)        because the road has become liable to extensive damage by traffic; or

                  (d)       in order to carry out repairs or maintenance of the road or other necessary work.

                  (2)        A person shall comply with a notice under subsection 50(1).

      Penalty:           (a)  3 penalty units; or

                              (b)  in the case of a second or subsequent offence —  6 penalty units.

                  (3)        For the purposes of this section, a reference to a road includes a reference to part of a road but does not include a reference to a public place.

Police officer may drive away vehicle where driver arrested

      51.       (1)        Where the driver of a motor vehicle is arrested for an alleged offence under this Act a member of the police force may take possession of the motor vehicle and may drive it to any place and retain it there for such reasonable period as he considers appropriate in the circumstances.

                  (1A)     Where a member of the police force reasonably considers that the driver of a motor vehicle or a person whom the member reasonably considers is attempting to or about to drive a motor vehicle, is under the influence of intoxicating liquor or a drug, the member may, whether or not the member arrests the person or detains the person under section 32A —

                  (a)        direct the person not to drive a motor vehicle for a specified period not exceeding 12 hours;

                  (b)        direct the person to give to the member the keys of a motor vehicle which the person is driving or which the member reasonably considers the person is attempting to or about to drive; and

                  (c)        take such other measures as the member considers reasonable to immobilise a vehicle referred to in paragraph 51(1A)(b).

                  (1B)     A person shall not drive a motor vehicle while a direction under paragraph 51(1A)(a) is in force in relation to the person.

      Penalty:           (a)  15 penalty units or imprisonment for 4 months, or both; or

                              (b)  in the case of a second or subsequent conviction —  30 penalty units or imprisonment for 6 months, or both.

                  (1C)     A person shall not —

                  (a)        refuse to comply with a direction under paragraph 51(1A)(b); or

                  (b)        hinder or obstruct the taking by a member of the police force of measures under paragraph 51(1A)(c).

      Penalty:           15 penalty units.

                  (1D)     Where the keys of a motor vehicle are given to a member of the police force under paragraph 51(1A)(b), the member may retain the keys for such period, not exceeding 12 hours, as the member considers reasonable.

                  (2)        A member of the police force acting in accordance with this section is not liable for any loss or damage sustained by a person by reason of an act done or omission made by that member of the police force in good faith and without recklessness.

Evidence

      52.       (1)        In proceedings in respect of offences under this Act a certificate signed, or purporting to be signed, by the Registrar which states any of the following matters is evidence of the matters so stated, namely —

                  (a)        that on a specified date a specified motor vehicle was, or was not, registered under section 7;

                  (b)        that a number plate bearing a specified identifying number had not been returned to him by a specified date;

                  (c)        that application to him to transfer the registration of a specified motor vehicle had not been made to him by a specified date;

                  (d)       the maximum number of passengers (including the driver) that he had specified may be carried in a specified motor vehicle on the registration by him of that motor vehicle under subsection 13(1);

                  (e)        that a specified motor vehicle was, or was not, registered as —

                              (i)   a private hire vehicle; or

                              (ii)  a public hire vehicle,

                              under subsection 13(1) on a specified date;

                  (f)        that on a specified date a specified person was, or was not the holder of —

                              (i)   a learners licence; or

                              (ii)  a drivers licence;

                  (g)        the times and localities specified by him in a learners licence —

                              (i)   issued by him to a specified person; and

                              (ii)  in force on a specified date;

. . . .

                  (j)         that a licence held by a specified person and revoked in accordance with subsection 20(1) had not been returned to him by a specified date;

                  (k)        that on a specified date he served written notice in accordance with section 21 on a specified person of a specified matter mentioned in that section.

                  (2)        In proceedings in respect of offences under this Act a person shall be deemed not to be the holder of a recognised licence unless the contrary is proved.

                  (3)        Where in proceedings in respect of an alleged offence under this Act the age of a person is relevant to the commission of that offence and it is alleged that the defendant had not attained that relevant age at the time of commission of the alleged offence, the defendant shall be deemed not to have attained that age at that time unless the contrary is proved.

                  (4)        In proceedings in respect of an offence under this Act, a certificate signed, or purporting to be signed, by a police officer certifying that —

                  (a)        a device is an approved speed measuring device; and

                  (b)        the device was tested in the manner, and during the period, prescribed in respect of the device for the purposes of this subsection and was found to be accurate and working properly; and

                  (c)        the police officer used the device on a specified day at a specified time to measure the speed of a specified vehicle at a specified place and that the speed so measured was the speed specified,

is admissible and is evidence of those matters and of the facts on which they are based.

(5)        Where in proceedings in respect of an offence under this Act, evidence is given in accordance with subsection 52(4) of the speed at which a vehicle was travelling at a specified time and place, that vehicle will be taken to have been travelling at that speed at that time and place unless the contrary is proved.

Restriction on actions

      52A.    No action, suit or proceeding may be commenced against the Administration or any person in respect of any act done, or omitted to be done, in good faith in the performance, or purported performance, of a function under this Act.

Road Safety Committee

      52B.    (1)        There shall be a Road Safety Committee.

                  (2)        The Road Safety Committee shall consist of at least 3 but no more than 6 persons.

                  (3)        The Committee shall meet regularly and shall have power to inquire into and make recommendations concerning road safety and such other matters as the Regulations may provide.

                  (4)        The Committee is required to provide an annual report to the Chief Executive Officer on the operation of the Act for the preceding year ending 30 June, and its effectiveness, and may make recommendations for changes to the Act or the Regulations that may make it more effective in regulating road traffic for the purpose of improving road safety for persons in Norfolk Island.

                  (5)        The Administrator may make Regulations for the establishment of the Committee including the qualifications and method of appointment of members, the conduct of its meetings and the presentation of its various reports and recommendations.

Certain offences not to be criminal offences

      52C. A conviction for an offence under this Act whereby no penalty of imprisonment or fine more than 20 penalty units may be imposed is not a criminal offence and may not be referred to in any proceeding or prosecution under the Criminal Code 2007 or the Summary Offences Act 2005 or other like enactment.

Application to Commonwealth and Administration

      53.       (1)        Subject to subsection 53(2), this Act shall apply to —

                  (a)        a person employed by the Commonwealth or the Administration; and

                  (b)        motor vehicles owned by the Commonwealth or the Administration.

                  (2)        No fee shall be chargeable in respect of a motor vehicle owned by the Commonwealth or the Administration.

Repeals

      54.       The following Ordinances and Acts are repealed :

                  Motor Car Ordinance 1929;

                  Motor Car Ordinance 1932;

                  Motor Car Ordinance 1934;

                  Motor Car Ordinance 1936;

                  Motor Car Ordinance 1939;

                  Motor Car Ordinance 1954;

                  Motor Vehicle Ordinance 1960;

                  Motor Vehicles Ordinance 1966;

                  Motor Vehicles Ordinance 1969;

                  Traffic Ordinance 1969;

                  Motor Vehicles Ordinance 1970;

                  Motor Vehicles Ordinance 1973;

                  Motor Vehicles (Amendment) Ordinance 1977;

                  Motor Vehicles (Amendment) Act 1980;

                  Motor Vehicles (Amendment) Act 1981;

                  Motor Vehicle (Amendment No 2) Act 1981.

Transitional

      55.       (1)        In this section “the repealed Act” means the Motor Vehicles Act 1929.

                  (2)        Except as in this Act expressly or by necessary implication provided —

                  (a)        all persons, things and circumstances appointed or created by or under the repealed Ordinance or existing or continuing under that Ordinance immediately before the commencement of this Act shall on that commencement under and subject to this Act exist and continue to have the same status, operation and effect as they respectively would have had if they had been appointed or created under this Act as if this Act were in operation at the date of that appointment or creation;

                  (b)        in particular, paragraph 55(2)(a) shall have effect so that the repeal of the repealed Act shall not disturb the continuity of status, operation or effect of any regulation, application, licence, appointment, register, registration, identification mark or identifying number made, granted, kept or assigned or existing or continuing by or under the repealed Ordinance before the commencement of this Act.

                  (3)        Notwithstanding subsection 55(2), a thing continued in existence by virtue of that subsection shall cease to continue in existence on the same date as it would have ceased to continue in existence under the repealed Act if that Act had not been repealed.

                  (4)        A traffic sign or road marking authorised under the Traffic Act 1969 and in existence immediately before the commencement of this Act shall be deemed, on that commencement, to be a traffic sign approved by the Minister under this Act.

Regulations

      56.       (1)        The Administrator may make Regulations, not inconsistent with this Act, prescribing all matters that this Act requires or permits to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act and in particular may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations.

                  (2)        The Administrator may make Regulations generally as to the use of motor vehicles on roads, their construction and equipment and the conditions under which they may be so used, and in particular may make Regulations with respect to —

                  (a)        the width, height and length of motor vehicles and the load carried by motor vehicles, the diameter of wheels, and the width, nature and condition of tyres, of motor vehicles and trailers; and

                  (b)        the emission or consumption of smoke, fumes or vapour, and the emission of sparks, ashes and grit; and

                  (c)        noise; and

                  (d)       the maximum weight laden of motor vehicles and trailers and the maximum weight to be transmitted to the road or any specified area thereof by a motor vehicle or trailer of any class or description or by any part or parts of such a vehicle or trailer in contact with the road, and the conditions under which the weights may be required to be tested; and

                  (e)        the particulars to be marked on motor vehicles and trailers; and

                  (f)        the towing of or drawing of vehicles by motor vehicles; and

                  (g)        the number and nature of brakes, and for securing that brakes, silencers and steering gear shall be efficient and kept in proper working order; and

                  (h)        the testing and inspection, by persons authorised by or under the Regulations, of the brakes, silencers, steering gear, tyres, lighting equipment and reflectors of motor vehicles and trailers; and

                  (i)         the appliances to be fitted for signalling the approach of a motor vehicle, or enabling the driver of a motor vehicle to become aware of the approach of another vehicle from the rear, or for intimating any intended change of speed or direction of a motor vehicle, and the use of any such appliance, and for ensuring that they shall be efficient and kept in proper working order; and

                  (j)         prohibiting the use of appliances fitted to motor vehicles for signalling their approach, being appliances for signalling by sound, at any times, or on or in any roads or localities, specified in the Regulations; and

different Regulations may be made as respects different classes or descriptions of vehicles or as respects the same class or description of vehicles in different circumstances and as respects different times of the day or night and as respects roads in different localities.

                  (3)        The Administrator may make Regulations as to the use on roads of cycles, not being motor cycles, their construction and equipment and the conditions under which they may be so used, and in particular may make Regulations with respect to —

                  (a)        the number, nature and efficiency of brakes and their maintenance in proper working order; and

                  (b)        the appliances to be fitted for signalling approach and their maintenance in proper working order; and

                  (c)        the number, nature and efficiency of lights and reflectors and their maintenance in proper working order; and

                  (d)       the testing and inspection, by persons authorised under the Regulations of any equipment prescribed under this subsection.

                  (4)        The Administrator may make Regulations as to the use on roads of vehicles drawn by horses or other animals, their construction and equipment and the conditions under which they may be so used, and in particular may make regulations with respect to —

                  (a)        the number, nature and use of brakes, including skid-pans and locking chains and their maintenance in proper working order; and

                  (b)        the appliances to be fitted for signalling approach and their maintenance in proper working order; and

                  (c)        the number, nature and efficiency of lights and reflectors and their maintenance in proper working order; and

                  (d)       the testing and inspection, by persons under the Regulations of any equipment prescribed by this subsection.

                  (5)        The Administrator may make Regulations as to the registration of motor vehicles and in particular may make Regulations with respect to —

                  (a)        the records to be kept in respect of the registration of motor vehicles; and

                  (b)        the making of any particulars with respect to the registration, or refusal of registration, of any motor vehicle available for use by the police; and

                  (c)        the forms and other documents or things to be used or issued in respect of the registration, or transfer of registration of a motor vehicle; and

                  (d)       the transfer of registration of a motor vehicle; and

                  (e)        the display on motor vehicles of stickers or other forms indicating the registration of the vehicles; and

                  (f)        the providing for the issue of new forms, stickers or other documents in respect of the registration of motor vehicles in place of those lost or defaced; and

                  (g)        the exemption from registration of any motor vehicle or class of motor vehicle specified by the Minister and any conditions subject to which such exemption may be granted; and

                  (h)        the testing and inspection by persons authorised under the Regulations of any motor vehicle and its equipment in respect of the registration of the vehicle,

and different Regulations may be made as respects the registration of different classes or descriptions of vehicles or as respects the registration of the same class or description of vehicles in different circumstances.

                  (6)        The Administrator may make Regulations generally as to the operation of private hire vehicles and public hire vehicles, and in particular may make Regulations with respect to —

                  (a)        the conduct of persons driving public hire vehicles; and

                  (b)        the registration of hire vehicles; and

                  (c)        the documents, plates or marks to be carried by hire vehicles and the manner in which they are to be carried; and

                  (d)       the testing and inspection by persons authorised under the Regulations of hire vehicles; and

                  (e)        the registers and other records to be kept by persons owning or operating hire vehicles; and

                  (f)        the inspection by persons authorised under the Regulations of registers and records prescribed under this subsection,

and different Regulations may be made as respects different classes or descriptions of hire vehicles or as respects the same class or description of hire vehicles in different circumstances.

                  (7)        The Administrator may make Regulations as to the issue and use of licences generally and in particular may make Regulations with respect to —

                  (a)        the records to be kept of licences; and

                  (b)        the making of any particulars with respect to any persons who are disqualified from holding or obtaining licences or whose licences are suspended or endorsed available for use by the police; and

                  (c)        the preventing of a person holding more than one licence issued on Norfolk Island; and

                  (d)       the facilitating of identification of holders of licences; and

                  (e)        the providing for the issue of a new licence in the place of a licence lost or defaced; and

                  (f)        the size and form of plates to be displayed on motor vehicles driven by persons holding learners licences or persons who have held drivers licences for less than a prescribed period; and

                  (g)        the conditions or limitations which may or shall be imposed on the issue or use of a licence,

and different Regulations may be made as respects different classes or descriptions of vehicles or as respects the same class or description of vehicles in different circumstances.

                  (8)        The Administrator may make Regulations for controlling or regulating vehicular and other traffic (including pedestrian traffic) and in particular may make Regulations with respect to —

                  (a)        the routes to be followed by all classes of traffic, or by any class or classes of traffic or vehicles, from one specified point to another, either generally or between specified times; and

                  (b)        roads or any parts of roads which are not to be used for traffic by vehicles or by vehicles of any specified class or classes, either generally or at specified times; and

                  (c)        rules as to procedure to be observed as between vehicles proceeding in the same direction, in opposite directions, or when crossing or entering a road, whether from another road or otherwise; and

                  (d)       the procedure to be followed by specifying places in roads where vehicles, or vehicles of any class, may, or may not wait generally or at any particular times; and

                  (e)        vehicles when unattended; and

                  (f)        conditions subject to which and the times at which articles may be loaded or unloaded from vehicles on roads; and

                  (g)        conditions subject to which and the times at which vehicles delivering or collecting goods or merchandise, or goods or merchandise of any particular class or classes, may stand in roads.

                  (9)        The Administrator may make Regulations for―

                  (a)        prescribing devices or apparatus for the purposes of conducting breath analysis in accordance with section 32 and in particular may make Regulations with respect to the procedure for conducting a breath analysis;

                  (b)        establishing the procedure to be followed by a member of the police force if it is not possible or practicable for a breath analysis to be taken and a blood test is required to be taken;

                  (c)        the time within, and circumstances under, which a person who is requested to provide a sample of breath for analysis may request that a blood sample be taken and tested;

                  (d)       the procedure for taking blood samples from persons in hospital as a result of a motor vehicle accident, including the appointment of persons as approved persons for the purpose of taking blood samples;

                  (e)        the procedures for analysing blood samples and the recognition and appointment of persons or organisations to be approved analysts or for the purpose of certifying the concentration of alcohol in blood samples for the purposes of the Act and the presence and concentration of any drug or psychotropic substance in blood samples;

                  (f)        prescribing forms to be used for the purposes of section 32.

 

_______________________________________________________________________

 
NOTES

The Traffic Act 2010 as shown in this consolidation comprises Act No. 12 of 1982 and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

Road Traffic Act 1982

12, 1982

1.1.83

53, 55

 

 

 

 

Road Traffic (Minimum Driving Age) Act 1982

13, 1982

1.1.83

 

 

 

 

 

Road Traffic (Amendment) Act 1984

7, 1984

12.4.84

 

 

 

 

 

[Previously consolidated as at 1 March 1985 incorporating above amendments]

 

 

 

 

Statute Law (Miscellaneous Provisions) (No. 1) Act 1986

14, 1986

28.2.85

23.5.86

 

 

 

 

 

Road Traffic Amendment Act 1988

1, 1988

24.3.88

14

 

 

 

 

Road Traffic Amendment Act 1989

6, 1989

1.7.89

 

 

 

 

 

Road Traffic Amendment Act 1990

2, 1990

22.2.90

 

 

 

 

 

Road Traffic Amendment Act 1992

3, 1992

20.2.92

3

 

 

 

 

Road Traffic Amendment (No. 2) Act 1992

10, 1992

5.11.92

 

 

 

 

 

Road Traffic Amendment Act 1995

16, 1995

1.7.96

 

 

 

 

 

Road Traffic Amendment Act 1997

2, 1997

27.2.97

 

 

 

 

 

Public Reserves (Consequential Provisions) Act 1997

9, 1997

23.6.97

 

 

 

 

 

Road Traffic Amendment (No. 2) Act 1997

24, 1997

19.12.97

 

 

 

 

 

Road Traffic Amendment Act 1998

8, 1998

28.5.98

 

 

 

 

 

Road Traffic Amendment (No. 2) Act 1998

19, 1998

24.9.98

 

 

 

 

 

[Previously consolidated as at 5 July 2002 incorporating above amendments]

 

 

 

 

Road Traffic (Amendment) Act 2004

21, 2004

NB – sections 1 & 2 commenced 1.10.04; rem of Act, (except s. 10) comm 4.2.05; s. 10 comm 29.4.05

 

 

 

 

 

Road Traffic (Amendment) Act 2005

(NB – this enactment amends only Act No. 21 of 2004 – which in turn amends the Road Traffic Act 1982

6, 2005

24.3.05

 

 

 

 

 

Road Traffic (Amendment No. 2) Act 2005

22, 2005

30.9.05

 

 

 

 

 

[Previously consolidated as at 11 November 2005]

 

 

 

 

Road Traffic (Amendment) Act 2007

5, 2007

16.3.07

 

 

 

 

 

Road Traffic (Amendment No. 2) Act 2007

8, 2007

31.8.07

 

 

 

 

 

[Previously consolidated as at 22 October 2007]

 

 

 

 

Road Traffic (Amendment) Act 2009

4, 2009

20.3.09

 

 

 

 

 

Road Traffic (Amendment No. 2) Act 2009

5, 2009

20.3.09

 

 

 

 

 

[Previously consolidated as at 23 March 2009]

 

 

 

 

Road Traffic (Amendment No. 3) Act 2009

7, 2009

29.5.09

 

 

 

 

 

[Previously consolidated as at 30 May 2009]

 

 

 

 

Road Traffic (Amendment) Act 2010

8, 2010

16.7.10 with effect from 20.3.2009

 

 

 

 

 

[Previously consolidated as at 17 July 2010]

 

 

 

 

Road Traffic (Amendment) Act 2011

8, 2011

22.7.11

 

 

 

 

 

[Previously consolidated as at 25 July 2011

and re-issued on 29 November 2011 to amend some endnotes and to correct typographical errors]

 

 

 

 

Interpretation (Amendment) Act 2012

14, 2012

28.12.12

 

 

 

 

 

Traffic (Amendment) Act 2012

15, 2012

28.12.12

 

 

 

 

 

[Previously consolidated as at 29 December 2012]

 

 

Ordinance

Registration

Commencement

Application, saving and transitional provisions

Norfolk Island Continued Laws Amendment Ordinance 2015
(No. 2, 2015)
(now cited as Norfolk Island Continued Laws Ordinance 2015 (see F2015L01491))

17 June 2015 (F2015L00835)

18 June 2015 (s 2(1) item 1)

Sch 1 (items 344, 345, 382–396, 411, 412, 423)

as amended by

 

 

 

Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015
(No. 10, 2015)

14 Dec 2015 (F2015L01994)

Sch 5 (item 1): 15 Dec 2015 (s 2(1) item 3)
Sch 5 (items 3–5): 1 Dec 2016 (s 2(1) item 4)

Norfolk Island Continued Laws Amendment (2016 Measures No. 2) Ordinance 2016
(No. 5, 2016)

10 May 2016 (F2016L00751)

Sch 4 (item 54): 1 July 2016 (s 2(1) item 4)

Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018

28 Sept 2018 (F2018L01378)

Sch 1 (item 58): 29 Sept 2018 (s 2(1) item 1)

Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019

12 Aug 2019 (F2019L01048)

Sch 1 (items 95–99): 13 Aug 2019 (s 2(1) item 1)

Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020

18 Dec 2020 (F2020L01644)

Sch 1 (items 1–19): 19 Dec 2020 (s 2(1) item 1)

Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021

9 July 2021 (F2021L00975)

Sch 1 (item 21): 10 July 2021 (s 2(1) item 1)

Note:      The amendment history in the Table of Amendments below reflects the amendment of this title by the Norfolk Island Continued Laws Ordinance 2015 (Ord No 2, 2015) incorporating all amendments to the Norfolk Island Continued Laws Ordinance 2015 up to the compilation date. The as amended by information is not referenced in the Table of Amendments but can be seen in the legislation history above.

Table of Amendments

ad =    added or inserted

am = amended

rep = repealed

rs =      repealed and substituted

Provisions affected

How affected

1

am

8, 2011

3

am

1, 1988; 6, 1989; 16, 1995; 9, 1997; 8, 1998; 19, 1998; 21, 2004; 4, 2009; 5, 2009; 8, 2011; Ord No 2, 2015

5

rs

21, 2004

 

am

5, 2009; Ord No 2, 2015

6

rs

21, 2004

 

am

Ord No 2, 2015

7

am

6, 1989

 

rs

21, 2004

 

am

Ord No 2, 2015

8

am

3, 1992

 

rs

21, 2004

 

am

5, 2007; 8, 2011; Ord No 2, 2015

8A

ad

16, 1995

 

rep

21, 2004 (as amended by 6, 2005)

9

am

3, 1992;

 

rs

21, 2004

 

am

5, 2007; 8, 2011

10

rs

21, 2004

 

am

8, 2011

 

rep

Ord No 2, 2015

11

am

16, 1995

 

rs

21, 2004

 

am

5, 2009; 8, 2011

12

am

16, 1995

 

rs

21, 2004

 

am

8, 2011; Ord No 2, 2015

13

am

3, 1992

 

rs

21, 2004

 

am

Ord No 2, 2015

14

am

3, 1992

 

rs

21, 2004

14A

ad

21, 2004

 

rep

Ord No 2, 2015

14B

ad

21, 2004

14C

ad

21, 2004

 

am

8, 2011; Ord No 2, 2015

14D

ad

21, 2004

 

am

5, 2009; Ord No 2, 2015

14E

ad

21, 2004

14F

ad

21, 2004

 

am

Ord No 2, 2015

15

am

13, 1982; 3, 1992; 19, 1998; 5, 2009

 

rs

8, 2011

 

am

Ord No 2, 2015

15A

ad

21, 2004

16

am

13, 1982; 10, 1992; 16, 1995

 

rs

8, 2011

 

am

Ord No 2, 2015

16A

ad

8, 2011

 

am

Ord No 2, 2015

17

am

10, 1992; 16, 1995; 5, 2009; 8, 2011; Ord No 2, 2015

17A

ad

8, 2011

 

am

Ord No 2, 2015

18

am

8, 2011; Ord No 2, 2015

19

am

8, 2011; Ord No 2, 2015

20

am

3, 1992; 8, 2011; Ord No 2, 2015

21

am

8, 2011; Ord No 2, 2015

22

am

16, 1995; 8, 2011; Ord No 2, 2015

22A

ad

Ord No 2, 2015

23

am

3, 1992; 8, 2011; Ord No 2, 2015

23A

ad

8, 2011

 

am

Ord No 2, 2015

23B

ad

Ord No 2, 2015

24

am

1, 1988; 3, 1992

24A

ad

Ord No 2, 2015

Heading Part 6

rs

7, 1984

25

am

3, 1992; 15, 2012

26

am

1, 1988; 3, 1992

27

am

1, 1988; 3, 1992

28

am

1, 1988; 3, 1992

28A

ad

8, 1998

28B

ad

8, 1998

29

am

3, 1992

29A

ad

7, 1984

 

am

1, 1988; 3, 1992; 19, 1998

29B

ad

19, 1998

30

am

1, 1988; 3, 1992

31

am

3, 1992

31A

ad

21, 2004

32

am

1, 1988; 3, 1992

 

rs

4, 2009

 

am

8, 2010; 8, 2011; 15, 2012; Ord No 2, 2015

32A

ad

1, 1988

 

am

19, 1998; 8, 2007

 

rep

4, 2009

 

ad

Ord No 2, 2015

32AB

ad

19, 1998

 

am

8, 2007

 

rep

4, 2009

32AC

ad

19, 1998

 

rep

4, 2009

32B

ad

1, 1988

 

am

19, 1998

 

rep

4, 2009

 

ad

Ord No 2, 2015

32C

ad

1, 1988

 

am

19, 1998

 

rep

4, 2009

 

ad

Ord No 2, 2015

32D

ad

1, 1988

 

am

19, 1998

 

rep

4, 2009

32E

ad

1, 1988

 

am

16, 1995; 19, 1998

 

rep

4, 2009

32F

ad

1, 1988

 

am

3, 1992

 

rep

4, 2009

32G

ad

1, 1988

 

rep

4, 2009

32H

ad

8, 2007

 

rep

4, 2009

32I

ad

8, 2007

 

rep

4, 2009

32J

ad

8, 2007

 

rep

4, 2009

33

am

3, 1992; 16, 1995; Ord No 2, 2015

34

am

1, 1988; 3, 1992

35

am

3, 1992; Ord No 2, 2015

36

am

1, 1988; 3, 1992

37

am

3, 1992

 

rs

21, 2004

 

am

5, 2009

38

am

2, 1990; 3, 1992

 

rs

(21, 2004 - as amended by Act 6 of 2005)

 

am

8, 2011

38A

ad

2, 1990

 

am

Ord No 2, 2015

39

am

3, 1992; 5, 2009; Ord No 2, 2015

40

am

3, 1992

 

rs

21, 2004

 

am

22, 2005

40A

rep

(6, 2005 which amended 21, 2004)

 

ad

8, 2011

 

am

Ord No 2, 2015

40B

ad

21, 2004

40C

ad

21, 2004

40D

ad

22, 2005

40E

ad

8, 2011

41

am

3, 1992

42

am

3, 1992

43

am

3, 1992

44

am

3, 1992; Ord No 2, 2015

44A

ad

7, 1984

 

am

3, 1992

44B

ad

7, 1984

 

am

3, 1992

44C

ad

7, 1984

 

am

3, 1992; 2, 1997

44D

ad

8, 2011

44E

ad

8, 2011

44F

ad

8, 2011

44G

ad

8, 2011

 

am

Ord No 2, 2015

44H

ad

8, 2011

44J

ad

8, 2011

44K

ad

8, 2011

44L

ad

Ord No 2, 2015

44M

ad

Ord No 2, 2015

45

am

14, 1986; 16, 1995; Ord No 2, 2015

46

am

Ord No 2, 2015

46A

ad

13, 1982

47

am

1, 1988; 16, 1995; 19, 1998; Ord No 2, 2015

47A

ad

16, 1995

47B

ad

16, 1995

47C

ad

16, 1995

 

am

2, 1997

47D

ad

16, 1995

47E

ad

16, 1995

47F

ad

16, 1995

47G

ad

16, 1995

 

am

8, 2011

47H

ad

16, 1995

47I

ad

16, 1995

47J

ad

16, 1995

47K

ad

16, 1995

 

am

Ord No 2, 2015

47L

ad

16, 1995

 

am

Ord No 2, 2015

47M

ad

16, 1995

47N

ad

16, 1995

47O

ad

16, 1995

47P

ad

16, 1995

47Q

ad

8, 2011

47R

ad

Ord No 2, 2015

47S

ad

Ord No 2, 2015

48

am

3, 1992

49

am

3, 1992

49A

ad

5, 2007

 

rep

7, 2009

50

am

1, 1988; 3, 1992; 24, 1997; Ord No 2, 2015

51

am

1, 1988; 3, 1992

52

am

8, 1998

52A

ad

19, 1998

52B

ad

21, 2004

 

am

Ord No 2, 2015

52C

ad

8, 2011

56

am

14, 1986; 3, 1992, 8, 2007; 4, 2009; Ord No 2, 2015