ACT Numbered Regulations - Explanatory Statements

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ROAD TRANSPORT (OFFENCES) REGULATION 2005 (NO 11 OF 2005)

Australian Capital Territory

Road Transport (Offences) Regulation 2005

Disallowable instrument DI2005–11

made under the

Road Transport (General) Act 1999

EXPLANATORY STATEMENT

The Road Transport (General) Act 1999 permits an authorised person to issue an infringement notice for an infringement notice offence in the Road Transport legislation. Offences for which an infringement notice can be issued, and the applicable penalties, are listed in the Road Transport (Offences) Regulation 2001. The levels of infringement notice penalties for traffic and parking offences were aligned with those of NSW in September 1998 and successive ACT Governments have maintained this approach.

The Road Transport (Offences) Regulation 2005 repeals and replaces the Road Transport (Offences) Regulation 2001. This approach, rather than amending the 2001 Regulation, has been adopted because of the extensive amendments involved.

The penalty amounts in the following Schedules have been generally aligned with penalties for NSW parking and traffic infringements:

Schedule 1, Part 1.2 – Australian Road Rules
Schedule 1, Part 1.5 – Road Transport (Driver Licensing) Act 1999
Schedule 1, Part 1.6 – Road Transport (Driver Licensing) Regulations 2000
Schedule 1, Part 1.7 – Road Transport (General) Act 1999
Schedule 1 Part 1.8 – Road Transport (General) Regulations 2000
Schedule 1, Part 1.13 – Road Transport (Safety And Traffic Management) Act 1999
Schedule 1, Part 1.14 – Road Transport (Safety And Traffic Management) Regulations 2000
Schedule 1, Part 1.15 – Road Transport (Vehicle Registration) Act 1999
Schedule 1, Part 1.16 – Road Transport (Vehicle Registration) Regulations 2000

This will result in a general increase of 2.5% in penalty amounts, in line with the consumer price index.

This determination is a disallowable instrument and must be presented to the Legislative Assembly within 6 sitting days after its notification in pursuance of Section 64 of the Legislation Act 2001.