ROAD TRANSPORT (DRIVER LICENSING) (NO. 78 OF 1999)

Australian Capital Territory Numbered Acts

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ROAD TRANSPORT (DRIVER LICENSING) (NO. 78 OF 1999) - NOTES

DICTIONARY (See s 4)

"additional provisional class", in relation to an Australian driver licence (including a provisional licence) of a particular class, means any other class of licence that is shown on the licence as a provisional class.
"another jurisdiction" means a jurisdiction other than the ACT.
"Australian driver licence" means—

(a) a driver licence; or

(b) a licence (including a conditional licence, learner licence, probationary licence, provisional licence or restricted licence or a driver licence receipt) issued under the law of another jurisdiction authorising the holder to drive a motor vehicle on a road or road related area.

"Australian Transport Council" means the Australian Transport Council mentioned in section 3 of the National Road Transport Commission Act 1991 (Cwlth) or its successor.
"authority"—see road transport authority".
"class, of a driver licence, means a class of driver licence prescribed under the regulations.
conditional licence means an Australian driver licence that is subject to a condition imposed by the road transport authority or the licensing authority of another jurisdiction.
"corresponding law" means a law of another jurisdiction under which authority is given to drive motor vehicles on roads or road related areas.
"demerit points register "means the register required to be kept under paragraph 6 (c) (Functions of road transport authority).
"drive" a vehicle includes—

(a) be in control of the steering, movement or propulsion of the vehicle; and

(b) if the vehicle is a trailer—draw or tow the vehicle; and

"driver licence" means—

(a) a licence (including a conditional licence, learner licence, probationary licence, provisional licence or restricted licence) issued under this Act authorising the holder to drive a motor vehicle on a road or road related area; or

(b) a driver licence receipt issued under this Act.

driver licence receipt means a receipt that—

(a) is issued following an application for an Australian driver licence and after payment of any applicable fee; and

(b) authorises the holder to drive a motor vehicle on a road or road related area.

"driver licence register" means the register required to be kept under paragraph 6 (b) (Functions of road transport authority).
"exercise "a function includes perform a duty.
"external driver licence" means—

(a) an external Territory driver licence; or

(b) a foreign driver licence.

external Territory driver licence means a licence to drive a motor vehicle (however described) issued under the law of an external Territory.
foreign driver licence means a licence to drive a motor vehicle (however described) issued under the law of a foreign country.
"function" includes power.
"infringement notice"—

(a) means a notice served under section 24 (Service of infringement notices generally) or 36 (Service of infringement notices on responsible persons for vehicles) of the Road Transport (General) Act 1999; and

(b) includes a notice (however described) served on a person under the law of another jurisdiction that gives the person the option of paying an amount for an offence instead of being charged with the offence.

infringement notice penalty—

(a) see the Road Transport (General) Act 1999, dictionary; and

(b) includes an amount payable under an infringement notice served on a person under the law of another jurisdiction.

"jurisdiction" means a State, the Commonwealth or an internal Territory, including the ACT.
"learner licence "means an Australian driver licence issued to a person under the law of any jurisdiction that authorises the person to drive a motor vehicle on a road or road related area for the purpose of learning to drive.
"licensing authority", for another jurisdiction, means the entity that has functions under the law of the other jurisdiction corresponding to the functions of the road transport authority under this Act.
"motor vehicle" means a vehicle that is built to be propelled by a motor that forms part of the vehicle.
National Road Transport Commission means the National Road Transport Commission established by the National Road Transport Commission Act 1991 (Cwlth) or its successor.
"national schedule of demerit points "means the offences, and the number of demerit points incurred for each offence, prescribed under the regulations under the Road Transport (General) Act 1999 as the national schedule of demerit points.
"photograph "includes a digitised, electronic or computer generated image in a form approved by the road transport authority.
probationary licence means—

(a) a driver licence, other than a learner licence, issued under this Act to a person who applies for a driver licence after a period of disqualification (whether or not by court order) from holding or obtaining an Australian driver licence; or

(b) an equivalent Australian driver licence issued under a corresponding law.

"provisional licence" means an Australian driver licence issued as a provisional licence, but does not include an Australian driver licence that includes an additional provisional class merely because it includes the additional provisional class.
public vehicle—see the Road Transport (General) Act 1999, section 100.
"public vehicle licence" means a driver licence that authorises the person to drive a public vehicle for hire or reward.
"restricted licence" means an Australian driver licence, issued under the authority of a court in Australia, that authorises the holder to drive only in the course of his or her employment or in other restricted circumstances.
"road" means an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles, but does not include an area that would otherwise be a road so far as an order under section 12 (Power to include or exclude areas in road transport legislation) of the Road Transport (General) Act 1999 declares that this Act does not apply to the area.
road related area means—

(a) an area that divides a road; or

(b) a footpath or nature strip adjacent to a road; or

(d) an area that is not a road and that is open to or used by the public for driving, riding, or parking vehicles; or

(e) a shoulder of a road; or

(f) any other area that is open to or used by the public so far as an order under section 12 (Power to include or exclude areas in road transport legislation) of the Road Transport (General) Act 1999 declares that this Act applies to the area;

but does not include an area that would otherwise be a road related area so far as an order under that section declares that this Act does not apply to the area.

"road transport authority" (or "authority") means the Australian Capital Territory Road Transport Authority.

Note The chief executive of the department responsible for the Road Transport (General) Act 1999 is the road transport authority (see Road Transport (General) Act 1999, s 16).

road transport legislation—see the Road Transport (General) Act 1999, section 6.
"the regulations" made under this Act includes any publication applied, adopted or incorporated under the regulations, whether entirely or in part and with or without changes.
"this Act" (or "the Act") includes the regulations under this Act.
"trailer" means a vehicle being towed, or built to be towed, by a motor vehicle, but does not include a motor vehicle being towed.
"use" a vehicle includes drive, park or stop the vehicle on a road or road related area.
"vehicle" means—

(a) any description of vehicle on wheels, other than a vehicle used on a railway or tramway; or

(b) any other vehicle prescribed under the regulations.

Section 33AA of the Interpretation Act 1967 deals with the meaning of offence penalties that are expressed in penalty units.

[Presentation speech made in Assembly on 21 October 1999]

AUSTRALIAN CAPITAL TERRITORY

CONTENTS

Section

DICTIONARY

AUSTRALIAN CAPITAL TERRITORY

Road Transport (Driver Licensing)
Act 1999

No. 78 of 1999

[Notified in ACT Gazette S65: 23 December 1999]

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