Document ID: chunk:federal_register_of_legislation:F2016C00524:schedule:1:p1
Version: federal_register_of_legislation:F2016C00524
Segment Type: schedule
Provision Reference: sch 1 (pt 1/4)
Character Range: 3710–7435

Schedule 1—Model Amendments to the National Driver Licensing Scheme (Supporting Principles)—Package No. 1
(regulation 3)

Contents
1. Name
2. Purpose
3. Approval
4. Document being amended by these Regulations
5. Release of information in demerit point register and driver licence register
6. Substitution of demerit point table

Model Amendments to the National Driver Licensing Scheme (Supporting Principles)—Package No. 1
The following provisions are intended to provide the basis for nationally consistent transport laws on the topics with which they deal.  They do not, of themselves, have any legal effect.

1.  Name
  These are the Model Amendments to the National Driver Licensing Scheme (Supporting Principles) – Package No. 1.

2.  Purpose
  The purpose of these Amendments is to amend the Supporting Principles of the National Driver Licensing Scheme –
 (a) to insert a note enabling jurisdictions to refer to their own privacy legislation in regulating the release of information held in certain registers; and
 (b) to make changes to the demerit points table in clause 21.

3.  Approval
  These Amendments were approved by the Australian Transport Council on 7 November 2008.

4.  Document being amended by these Regulations
  These Amendments amend the Supporting Principles of the National Driver Licensing Scheme.

5.  Release of information in demerit point register and driver licence register
  At the end of clause 12 insert –
  "[Local variations – jurisdictions with their own privacy legislation may prefer to refer to the relevant equivalent provisions of that legislation rather than to the Commonwealth Act.]".

6.  Substitution of demerit point table
  For the table at the end of clause 21 substitute –
Table
Column 1                                                                                                               Column 2        Column 3
Offence                                                                                                                Demerit points  Australian Road Rules provision where offence created, or as otherwise indicated
Exceeding speed limit by 45 km/h or more                                                                               6               20
Exceeding speed limit by 30 km/h or more but less than 45 km/h.                                                        4               20
Fatigue driving (critical risk breach)                                                                                 4               National Transport Commission (Model Legislation – Heavy Vehicle Driver Fatigue) Regulations 2006: 44, 45, 46, 49, 51, 52
Fatigue driving exceed AFM outer limits (less than 7 days) 30 mins work/rest time (critical risk breach)               4               National Transport Commission (Model Legislation – Heavy Vehicle Driver Fatigue) Regulations 2006: 52A
Fatigue driving exceed AFM outer limits (7 days or more) >1 hour work time (critical risk breach)                      4               National Transport Commission (Model Legislation – Heavy Vehicle Driver Fatigue) Regulations 2006: 52A
Excessive speed approaching a children's or pedestrian crossing                                                        3               80(1), 81(1)
Disobeying traffic signal                                                                                              3               56(1), 56(2), 57(1), 57(2), 59(1), 60, 60A(1), 60A(2), 61(2), 66(1), 66(4), 152(1), 281, 282, 284, 286(2), 286(3)
Disobeying stop or give way traffic sign or line                                                                       3               67(1), 68(1), 69(1), 70, 71(1), 101(1), 101(2),
Disobeying traffic direction by a police