Australian Capital Territory Numbered Acts

ROAD SAFETY LEGISLATION AMENDMENT ACT 2024 (NO. 20 OF 2024) - SECT 56

insert

61BA     When a suspension notice ceases to have effect

    (1)     This section applies if an immediate suspension notice is served on a person for an immediate suspension offence under section 61B (1).

    (2)     The suspension notice ceases to have effect if—

        (a)     the maximum suspension time has elapsed since the day the suspension notice was served; or

        (b)     the Magistrates Court orders a stay of the suspension notice; or

        (c)     the chief police officer or the DPP gives the person written notice that no proceeding will be brought for the offence; or

        (d)     the offence is found proved, dismissed or taken into account by a court; or

        (e)     if a proceeding was brought for the offence—any of the following happens:

              (i)     the chief police officer or the DPP gives the person written notice that the proceeding is to be withdrawn or discontinued;

              (ii)     the proceeding is withdrawn or discontinued other than under section 53 (3); or

        (f)     if an infringement notice was given for the offence and the person has not disputed the notice under section 51—the infringement notice is withdrawn; or

        (g)     if an infringement notice was given for the offence and the person has disputed the notice under section 51—any of the following happens:

              (i)     the administering authority tells the person under section 53 (5) that no further action will be taken against the person for the offence;

              (ii)     the administering authority has not brought a proceeding within the time allowed under section 53; or

        (h)     if the offence is an infringement notice offence—the administering authority gives the person written notice that no infringement notice will be given for the offence.

    (3)     In this section:

"maximum suspension time" means—

        (a)     if an infringement notice was given for the offence and the person does not dispute the notice under section 51—180 days; or

        (b)     if a proceeding is discontinued under section 53 (3) and 90 days have not elapsed since the day the suspension notice was served—180 days; or

        (c)     in any other case—90 days.

"bring", in relation to a proceeding for an offence, includes lay an information.

61BB     Additional suspension notice—discontinued infringement notice proceedings

    (1)     This section applies if—

        (a)     an immediate suspension notice is served on a person for an immediate suspension offence; and

        (b)     an infringement notice is given for the offence; and

        (c)     the person disputes the infringement notice under section 51; and

        (d)     90 days or more have elapsed since the day the immediate suspension notice was served; and

        (e)     a proceeding for the offence is discontinued under section 53 (3).

    (2)     A police officer may serve an additional immediate suspension notice on the person.

    (3)     An additional immediate suspension notice is taken to have been served under section 61B (1).

Note     The maximum suspension time for an additional suspension notice is 90 days (see s 61BA (3), def "maximum suspension time", par (c)).

61BC     Road transport authority to return surrendered licence

If a person has surrendered their driver licence under an immediate suspension notice and the suspension notice ceases to have effect, the road transport authority must return the driver licence to the person as soon as practicable.