Tuesday, 12 November 2024

Roads and Road Safety Legislation Amendment Bill 2024

Council’s amendments

Message from Council relating to following amendments considered:

1. Clause 1, page 2, after line 14 insert –

“(va) to provide for discretion for a court in cancelling or disqualifying the licence or learner permit of a person who commits an offence against section 49(1)(bb), (h) or (i) of the Road Safety Act 1986 if it relates to the use of a prescription drug which is a legal medicinal cannabis product;”.

2. Clause 2, line 6, omit “subsection (3)” and insert “subsections (2A) and (3)”.

3. Clause 2, after line 8 insert –

“(2A) If Division 6 of Part 2 does not come into operation before 1 March 2025, it comes into operation on that day.”.

4. Clause 2, line 9, after “this Act” insert “(other than Division 6 of Part 2)”.

5. Insert the following New Clause to follow clause 9 –

‘9A New section 99D inserted

After section 99C of the Road Safety Act 1986 insert –

“99D Reporting incidence of camera detected no-truck zone offences

(1) As soon as practicable after the end of each calendar year elapsing during the reporting period, the Minister must cause to be published on the Department’s Internet site the following information in respect of that year –

(a) the number of heavy vehicles detected in a no-truck zone by a prescribed no-truck zone camera; and

(b) the number of alleged camera detected no-truck zone offences for which an official warning was served; and

(c) the number of alleged camera detected no-truck zone offences for which an infringement notice was served; and

(d) of the alleged camera detected no-truck zone offences for which a proceeding was commenced in a court, the number within each of the following classes –

(i) a penalty was imposed;

(ii) a community correction order was imposed;

(iii) any other sentence was imposed;

(iv) the accused in the proceeding was found not guilty of an offence against section 65BA(1);

(v) the proceeding was withdrawn or dismissed for any reason; and

(e) the number of alleged camera detected no-truck zone offences to which an exception under section 65BA(2) applied; and

(f) the prescribed matters (if any).

(2) In this section –

camera detected no-truck zone offence means an offence against section 65BA(1) detected by a prescribed no-truck zone camera;

community correction order has the same meaning as in section 3(1) of the Sentencing Act 1991;

official warning has the same meaning as in section 3(1) of the Infringements Act ‍2006;

reporting period means the period of five calendar years commencing on 1 January following the day on which this section comes into operation.

(3) This section is repealed on the seventh anniversary of the day on which it comes into operation.”.’.

6. Insert the following New Division to follow clause 42 –

‘Division 6 – Use of a prescription drug which is a legal medicinal cannabis product

42A Definitions

In section 3(1) of the Road Safety Act 1986, in the definition of drug-driving infringement, after “(1E)” insert “or (1F)”.

42B Provisions about cancellation and disqualification

(1) In section 50(1E) of the Road Safety Act 1986, for “On convicting” substitute “Subject to subsection (1F), on convicting”.

(2) After section 50(1E) of the Road Safety Act 1986 insert –

“(1F) If an offence under section 49(1)(bb), (h) or (i) is in relation to the use of a prescription drug that is a legal medicinal cannabis product by a person in accordance with a prescription or other authority, on convicting the person, or finding the person guilty of an offence under section 49(1)(bb), (h) or (i) –

(a) subsection (1E) does not apply; and

(b) the court may, if the offender holds a driver licence or learner permit, cancel that licence or permit and, whether or not the offender holds a driver licence or learner permit, disqualify the offender from obtaining one for –

(i) in the case of a first offence, a period not less than 6 months; and

(ii) in the case of a subsequent offence, a period not less than 12 months.”.

42C Previous convictions

In section 50AA of the Road Safety Act 1986 in item 4 of the Table, for “and (1E)” substitute “, (1E) and (1F)”.

42D New section 58BA inserted

After section 58B of the Road Safety Act 1986 insert –

“58BA Review of amendments made by Division 6 of Part 2 of the Roads and Roads Safety Legislation Amendment Act 2024

(1) The Minister must cause a review to be conducted of the operation of the amendments made to this Act by Division 6 of Part 2 of the Roads and Roads Safety Legislation Amendment Act 2024.

(2) The review must be commenced after the second anniversary of the commencement of Division 6 of Part 2 of the Roads and Roads Safety Legislation Amendment Act ‍2024.

(3) The Minister must cause a copy of the review to be laid before each House of the Parliament no later than 3 years after the commencement of Division 6 of Part 2 of the Roads and Roads Safety Legislation Amendment Act 2024.”.’.

Melissa HORNE (Williamstown – Minister for Casino, Gaming and Liquor Regulation, Minister for Local Government, Minister for Ports and Freight, Minister for Roads and Road Safety) (17:34): I ‍move:

That the amendments be agreed to.

These amendments are so important to me, particularly as the member for Williamstown and also being in the chamber with my good friend the member for Footscray, because the key thing in this is around ensuring that there is reporting of incidents of camera-detected no-truck zone offences. In the inner west we know that having trucks moving in and out of the port has had such an impact on our community, because whilst we live next to Australia’s largest container port, we also bear the brunt of those trucks moving in and out of our suburbs.

That is why when the West Gate Tunnel Project comes on board sometime next year and we have those six roads where there will be complete 24/7 truck bans, we need to have that detection in there as well. Having that reporting of incidents will be a game changer. It will be a game changer for the communities in Footscray. It will be a game changer for the communities in Yarraville and in Newport and surrounds. So I really speak to these amendments and think that these amendments will be an incredible addition to the bill.

Danny O’BRIEN (Gippsland South) (17:35): I am also pleased just to be very brief on these amendments. I am disappointed that the minister did not refer to this as the ‘Save Katie’ bill, but I am sure that the member for Footscray and the member for Williamstown are very interested to see this legislation pass. As stated in the previous debate here in the chamber, we have no issue with this legislation. The opposition was not of a mind particularly to support the Greens in any way, shape or form on these particular amendments, but we were largely ambivalent about them. Obviously the government has come to an arrangement to have these amendments passed. These amendments, as I understand them, are basically reporting mechanisms providing reporting metrics such as the number of trucks detected, trucks exempt, fines issued, warnings issued and proceedings before a court, for example, for the new inner-west no-truck zones. The opposition does not have any concerns about this and is happy for them to pass and form part of the bill, and we look forward to seeing how successful the bill is in both policy and political terms.

Motion agreed to.

The ACTING SPEAKER (Lauren Kathage): A message will now be sent to the Legislative Council informing them of the house’s decision.