Australian Capital Territory Numbered Regulations

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ROAD TRANSPORT (OFFENCES) REGULATIONS AMENDMENT (2000 NO 57) - REG 5

Substitution

      Regulation 20 is omitted and the following regulations substituted:

20      Additional demerit points for offences committed during holiday periods (NSW(DL) cl 36 (3), (5))

(1)       This regulation applies to an offence against a Territory law for which demerit points are prescribed that is committed during a holiday period.

Note       This regulation applies despite reg 17 (see reg 17 (4)).

(2)       The number of demerit points prescribed for the offence is—

        (a)     for an offence mentioned in the schedule, part 2, item 1—double the number of demerit points mentioned in the item, column 6; or

        (b)     for any other offence mentioned in an item in the schedule for which demerit points are provided—1 more than the number mentioned in the item, column 6.

(3)       The Minister may declare that this regulation does not apply to all or part of a holiday period.

(4)       A declaration under subregulation (3) is a disallowable instrument.

21      Meaning of holiday period

(1)       For these regulations, a holiday period is any of the following periods:

        (a)     if a Thursday is a public holiday—the period beginning on the Wednesday before the public holiday and ending at the end of the following Sunday;

        (b)     if a Friday is a public holiday—the period beginning on the Thursday before the public holiday and ending at the end of the following Sunday;

        (c)     if a Monday is a public holiday—the period beginning on the Friday before the public holiday and ending at the end of the Monday;

        (d)     if a Tuesday is a public holiday—the period beginning on the Friday before the public holiday and ending at the end of the Tuesday;

        (e)     a period declared by the Minister to be a holiday period for this regulation.

(2)       However, if 2 or more holiday periods mentioned in
subregulation (1) coincide, the period beginning on the 1 st day of the
1 st holiday period, and ending at the end of the last day of the 2 nd or later holiday period, is a holiday period.

Example of coinciding holiday periods

Good Friday, and the Saturday and Monday after Good Friday, are each public holidays. The holiday period begins on the Thursday before Good Friday and ends at the end of Easter Monday.

(3)       For subregulation (2), 2 or more holiday periods coincide if holiday periods mentioned in subregulation (1) overlap or create consecutive holiday periods without any days in between those periods that are not part of a holiday period.

(4)       In this regulation, a public holiday is a day that is a public holiday under the Holidays Act 1958 , section 3 (1) (a), other than—

        (a)     the 3 rd Monday in March (Canberra Day); and

        (b)     a public holiday declared under the Holidays Act 1958 ,
section 3 (2) not to be a public holiday; and

        (c)     12 March 2001 (Canberra Day in 2001).

(5)       A declaration under subregulation (1) (e) is a disallowable instrument.

(6)       Subregulation (4) (c) and this subregulation expire on 31 March 2001.”.



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