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Motor Vehicles Act.-1921.





8. 3.

s. 28.

44. (1) In addition to any power by any other section of this Act Regulations. conferred on the Governor to make regulations (which power shall Cf. N.S. W. 5, 1909, in every case be implied for the purpose of any section in which the cf. S.A.938, 1997, word "prescribed" is used), the Governor may make regulations prescribing all matters and things which by this Act are contemplated, required or permitted to be prescribed, or which appear to him to be necessary or convenient to be prescribed for the purpose of more effectually carrying out any of the provisions of this Act, or for better effecting the objects of this Act, and in particular (without limiting the effect of this section) for all or any of the following purposes, namely:

1. Regulating the use of motor vehicles and the conditions.
under which they may be used;

11. Regulating the speed of motor vehicles in particular
localities or under particular circumstances, and for
such purposes varying the rates of speed prescribed by
this Act;

II. Prescribing and regulating the affixing and use of bells or
alarms on motor vehicles;

Iv. Prescribing and regulating the affixing of efficient brakes
on motor vehicles;

v. Providing for minimising the noise, and the issue of smoke
or fumes, from the working of motor vehicles;

VI. Prohibiting the use of motor vehicles that, owing to defects
in construction or other causes, are unsuitable for safe


VII. Prohibiting or restricting the use of motor vehicles upon
any specified streets or roads, or within the streets and
roads in any specified area, either generally or within.
certain hours;

VIII. Providing for the regulation of the owners and drivers of
motor vehicles;

IX. Prohibiting or regulating the carrying of any person on
a motor cycle in addition to the rider thereof;

x. Regulating the form of the registered numbers assigned to
motor vehicles, the manner of placing them upon such

XI. Providing that any regulations under this section may be
of a local nature and limited in their application to a
particular area, or may be restricted in their operation
to any specified class of motor vehicle;
XII. Providing


Provision for

Motor Vehicles Act.-1921.

XII. Providing for the erection of uniform signs and notices for the guidance of motor drivers;

XIII. Providing for the temporary registration of motor vehicles. owned by persons resident outside this State and temporarily in this State, and the drivers thereof; and

XIV. Providing for any other purpose which the Governor may consider necessary for the safety or convenience of the public, or for the protection of property.

(2) Any such regulation may impose a penalty not exceeding Twenty Pounds for any breach of the same or any other regulation.

45. (1) The Minister may, upon application by any person who exemption from speed limits in certain cases. is desirous of holding races for motor vehicles or speed tests for S.A. 938, 1907, s. 26. motor vehicles in a particular place or on a particular road on a specified day, exempt the persons taking part in such races or tests whilst so taking part from the necessity to observe in such place or on such road any limit of speed prescribed under this Act which such persons would otherwise be bound to observe.

Temporary saving of certain provisions of repealed Act.

Inconsistency of

regulation or by-law.
Cf. S.A. 938, 1907,
s. 30.


(2) Such exemption shall apply only so long as the conditions (if any) prescribed by the Minister in granting the exemption are observed.

(3) No exemption shall be granted under this section unless the Minister is satisfied that the written consent of the Municipal or District Council, or other authority having the care, control, or management of the place or road in question, to hold such races or tests has been obtained.

46. (1) Until new forms are prescribed under this Act for the purposes of Part II. of this Act, the forms in the First, Second, Fourth, Fifth, Sixth, Seventh, and Eighth Schedules to the Act hereby repealed shall be deemed to be the forms prescribed for the purposes of the said Part II.

(2) Until regulations are made under this Act for the purposes of subsection (1) of section 10 of this Act, the provisions of sections 9 and 10 of the Act hereby repealed, and the provisions set out in the Third Schedule to the Act hereby repealed, shall, in so far as the same are not inconsistent with this Act, be deemed to have been prescribed for the purposes of the said section 10.

47. When any regulation or by-law made by any Municipal or District Council or other authority is inconsistent with a regulation made under this Act, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

48. Any contravention of or failure to observe any provision of this Act, whether by act or omission, shall be an offence against this Act.

49. Any

Motor Vehicles Act.-1921.


49. Any person guilty of an offence against this Act for which Penalties. no specific pecuniary penalty is provided shall be liable to a penalty of not more than Twenty Pounds.

registration and

s. 12.

50. A document purporting to be an extract from, or copy of, Copy of record of any entry contained in the Register of Motor Vehicles or in the licences to be Register of Licences and purporting to be certified under the hand evidence. of the Registrar shall, in all Courts and upon all occasions whatso- Cf. N.S.W. 5, 1909, ever, be admissible as evidence, and shall be prima facie evidence of the truth of the matters stated in such document without requiring the production of such Registers, or any licence, notice, or other document upon which any entry may be founded.

51. In any proceedings for an offence against this Act-
(a) proof that a motor vehicle has not upon it a distinguishing
number as prescribed by this Act shall be prima facie
evidence that such motor vehicle is not registered;

(b) proof that a person is registered as the owner of a motor
vehicle shall be prima facie evidence that such person
is the owner of such motor vehicle;

(c) the fact that any place is described as a street or road shall be prima facie evidence that such place is a street or road within the meaning of this Act; and

(d) the allegation that any street or road whereon it is alleged that any such offence was committed is situated in a Municipality, or in a town or township, shall be prima facie evidence that such street or road is situated as alleged.

52. (1) The Court before which a person is convicted of an offence against this Act may, in addition to imposing a penalty for the offence,

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Cf. S.A. 938, 1907,

(a) if the person convicted holds any licence under this Act, s. 27.
suspend such licence for such time as the Court thinks
fit, or cancel such licence, and in either case also declare
the person convicted disqualified for obtaining a licence
for such further time after the expiration of the licence
as the Court thinks fit; or

(b) if the person convicted does not hold any licence under this
Act, declare him disqualified for obtaining such a licence
for such time as the Court thinks fit.

(2) If the person convicted holds any licence under this Act, the Court may cause particulars of the conviction, and of any order made under this section, to be indorsed upon his licence. If such licence is cancelled, the licence shall be surrendered to the Clerk of the Court, who shall forward or deliver it to the Registrar.


Summary proceedings

for offences.


Special case.

Persons in service of the Crown bound.

Common law or statutory liability not affected.

Motor Vehicles Act.-1921.

(3) A licence suspended under this section shall, during the period of suspension, be of no effect, and a person whose licence is suspended, or who is declared by the Court to be disqualified for obtaining a licence, shall, during the period of suspension or disqualification, be disqualified for obtaining a licence.

(4) The Court may cause particulars of each conviction or order in respect of an offence under this Act to be forwarded to the Registrar.

53. All proceedings in respect of offences against this Act shall be disposed of summarily.

54. There shall be an appeal in respect of proceedings in respect of offences against this Act.

55. In the event of an appeal in respect of proceedings in respect of offences against this Act, a special case may be stated.

56. This Act applies to persons in the Public Service of the Crown while engaged on such service, as well as when not so engaged.

57. Nothing in this Act shall affect any liability of any person under any statute or at common law.

In the name and on behalf of His Majesty, I hereby assent to
this Bill.
W. E. G. A. WEIGALL, Governor.

Adelaide By authority, R. E. E. ROGERS, Government Printer, North Terrace.

[graphic][subsumed][subsumed][subsumed][subsumed][merged small][merged small][merged small][merged small][merged small]

An Act to further amend the South-Eastern Drainage
Act Amendment Act, 1908.

[Assented to, December 7th, 1921.]

E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as



1. (1) This Act may be cited alone as the "South-Eastern Short titles. Drainage Act Further Amendment Act, 1921."

(2) The South-Eastern Drainage Act Amendment Acts, 1908 to 1919, and this Act may be cited together as the "South-Eastern Drainage Act Amendment Acts, 1908 to 1921."

other Acts.

2. This Act is incorporated with the South-Eastern Drainage Incorporation with Act Amendment Act, 1908, and the Acts with which that Act is incorporated, and those Acts and this Act shall be read as one Act.

3. Section 8 of the South-Eastern Drainage Act Amendment Amendment of Act Act, 1908, is amended by striking out subsections (1) to (5) thereof No. 962 of 1908. (both inclusive) and substituting in lieu thereof the following sub


Nomination of

representative members of Assessment Board to be by

(1) Whenever the office of a representative member of the landholders. Assessment Board becomes vacant, or under section 12 is about to become vacant, the Commissioner shall, by notice published in the Gazette, call upon the landholders of land comprised within the ward, represented by the member whose office has become, or is about to become, vacant to nominate a person for election as a member to fill the vacant office.

(2) Thereupon

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