Road Transport Amendment (Demerit Points Reduction) Bill 2026
Consideration in Detail
Consideration of the Legislative Council amendments.
Schedule of amendments referred to in message of 28 May 2026 , together with an amendment to the long title
No. 1OPP No. 1 [c2026-091]
Page 5. Insert after line 10—
Schedule 3Amendment of Parliamentary Evidence Act 1901 No 43
[1]Sections 7 and 8
Omit sections 7–9. Insert instead—
7Non-attendance of witnesses
(1)This section applies if a person is summoned to attend and give evidence before the Council or Assembly or a Committee by a notice or order as referred to in section 4.
(2)If the person fails to attend and give evidence as required by the notice or order, the President or the Speaker, as the case requires, may issue a warrant for the apprehension of the person for the purpose of bringing the person before the Council, Assembly or Committee to give evidence.
(3)The President or the Speaker must not issue the warrant unless satisfied of the person's failure to attend and that the non-attendance is without just cause or reasonable excuse.
(4)The warrant must be in the form set out in Schedule 1 or a similar form.
8Warrants and orders of President or Speaker sufficient authority for acts under them
(1)A warrant issued under section 7 is sufficient authority for all persons acting under the warrant to apprehend the person named in the warrant, and to keep the person in custody, so the person may be—
(a)produced, from time to time, for the purpose of giving evidence, or
(b)remanded and finally discharged from custody, pursuant to an order under the hand and seal of the President or the Speaker, as the case requires (a discharge order).
(2)A discharge order is sufficient authority for all persons acting under the order.
(3)An individual does not incur civil or criminal liability for an act or omission done in good faith in the exercise or discharge, or purported exercise or discharge, of a function under this section.
[2]Schedule 1
Omit Schedules 2 and 3. Insert instead—
Schedule 1Warrants
section 7(4)
Form of warrant
To the [Usher of the Black Rod/Serjeant-at-Arms, as the case requires], the Commissioner of Police and all police officers.
WHEREAS of (the witness) has been duly summoned to attend and give evidence before the pursuant to the Parliamentary Evidence Act 1901, but has failed to appear.
This warrant requires you to immediately apprehend the witness and detain the witness in custody for the purpose of being brought before to give evidence and there to obey all further orders under the hand of the [President/Speaker, as the case requires] for the witness's remand or final discharge from custody.
Given under my hand and seal at this day of in the year .
[President/Speaker, as the case requires]
No. 2OPP No. 2 [c2026-091]
Omit "related". Insert instead "other".
Ms JENNY AITCHISON ( Maitland—Minister for Regional Transport, and Minister for Roads) (12:17:05): I move:
That the Legislative Council amendments be disagreed with.
The Road Transport Amendment (Demerit Points Reduction) Bill 2026 gives effect to a clear commitment made by this Government in January 2023, before the last election, to recognise and reward safe driving through a demerit point incentive that was initially trialled over 12 months. Throughout the trial, more than 1.2 million demerit points were returned to eligible drivers. We are moving to make that successful program permanent to ensure that more drivers—those who do the right thing and remain offence-free for a year—can benefit. At its heart, this reform is simple and fair. It encourages responsible behaviour on our roads while ensuring that those who consistently disregard the law face appropriate consequences through existing licence sanctions.
It is a balanced approach, rewarding safety and maintaining accountability. As I said in question time, it is balancing that carrot with the stick approach we use on some weekends—like the upcoming long weekend—for double demerit points. The results speak for themselves. Across the first two years of the trial, more than a million drivers earned the removal of a demerit point by demonstrating safe, lawful driving. They proved to themselves, the Government and all other road users that they could comply with the laws. This is not just a statistic; it is a clear indication that incentives work and that this policy contributes to safer roads for all. In March, when the Road Transport Amendment (Demerit Points Reduction) Bill 2026 bill passed through this place without any amendments, the shadow roads Minister said he supported measures that recognised safe driving, and the Opposition supported the bill. Yet members opposite have now chosen a very different course. Despite previously expressing support for measures that recognise safe driving, they have now placed obstacles in the path of the reform. In doing so, they have aligned themselves with some members in the other place to introduce amendments that are wholly unrelated to road safety.
While they emphasise shared responsibility, the Liberals and The Nationals have once again joined forces with Mark Latham and The Greens to undermine this important road safety initiative. With the support of Mark Latham and The Greens, the Opposition in the other place inserted these amendments to add provisions that are entirely unrelated to road safety, including measures around issuing arrest warrants. The provisions are not for bad behaviour or doing the wrong thing on the road; they are for completely unrelated matters. The amendments sit outside the scope and purpose of the bill. The Road Transport Amendment (Demerit Points Reduction) Bill 2026 is focused squarely on improving road safety—nothing more and nothing less. To burden it with unrelated provisions serves only to delay its passage and undermine its intent.
Members know that every delay has consequences. At the moment we lose someone on our road network for every day that members opposite hold things up. The longer this legislation is held up, the longer we postpone a proven initiative that encourages safer driving behaviour. In matters of road safety, delay is not without risk. Every life lost on our roads is one too many, and this Government will not stand for more delay to reforms that will help save lives. I urge all members to return to the substance of the bill, support a reform that works, prioritise the safety of our communities and pass the bill as originally intended.
Mr JAMES GRIFFIN ( Manly ) ( 12:21 :16 ): On behalf of the Opposition, I speak in support of the Legislative Council amendments to the Road Transport Amendment (Demerit Points Reduction) Bill 2026. What the Minister has just suggested is a mischaracterisation of what is going on, because every member in the other place other than the Government members supported the amendments to the bill. It was not simply the Government arguing against the Opposition. Members of the entire Legislative Council crossbench, including The Greens, supported the amendments.
We have heard time and again—it has been a theme of question time ad nauseam—that the Government wants legislation to come from the Legislative Council and be dealt with in an appropriate time frame, and here we are with an opportunity. Mind you, the Government gave the Opposition no forewarning of these amendments coming forward for consideration. We now have an opportunity speak objectively to any fair and reasonable person on the street and explain that the amendments being sought by the Legislative Council go to the heart of transparency and integrity in government—the non-attendance of witnesses at committees.
As has been reported in the media and discussed at length in this place, there has been an erosion of the ability of committees to do their proper work and get people to appear before them to answer important questions. That goes to the heart of the integrity and functioning of the Government. With due respect to the Minister and members opposite, surely their time in opposition gave them an appreciation and understanding of the fact that the Parliament should be allowed to do that good work. The compelling of witnesses to appear before committees to speak plainly and clearly allows that work to be done. I do not intend to unpack the politics of what happened with the Premier's chief of staff to lead us to this point, but any fair and reasonable person would agree that a committee's ability to call witnesses is a fundamental tenet of the democracy—
Ms Jenny Aitchison: You are putting politics ahead of road safety.
Mr JAMES GRIFFIN: No, it is not putting politics ahead of road safety. What issue does the Minister have with being able to call witnesses before a committee? Right now the Government has the opportunity to do two things at once. It can approve the Road Transport Amendment (Demerit Points Reduction) Bill 2026 without change so that we can do exactly what the Minister so eloquently argued for. The Opposition supports the legislation. Every member of the Legislative Council held the view that the Parliamentary Evidence Act amendment should be included.
Ms Jenny Aitchison: Which has nothing to do with the bill.
Mr JAMES GRIFFIN: That does not matter, because the Government is getting an opportunity to do two things at once. The Opposition is not blocking the bill.
TEMPORARY SPEAKER ( Ms Donna Davis ): Order! The member for Manly will be heard in silence.
Mr JAMES GRIFFIN: Let us be clear: The Government media release might say that the Opposition is blocking the Road Transport Amendment (Demerit Points Reduction) Bill 2026 today, but that is not the case. Opposition members stand ready to support the important bill that the Minister has just articulated the need for. It is unfortunate that the road toll is increasing; we agree with that.
Mr David Harris: Childish student politics is what you're engaged in. That's what this is.
Mr JAMES GRIFFIN: That might be your view, but every member of the Legislative Council had a different perspective.
Mr D avid Harris: It's never happened in my 20 years.
Mr JAMES GRIFFIN: Good for you. We are here right now, and there is a very simple opportunity—
TEMPORARY SPEAKER ( Ms Donna Davis ): The member for Wyong will come to order.
Mr David Harris: It's outrageous, Madam Temporary Speaker.
Mr JAMES GRIFFIN: What is outrageous is the Government's inability to face an ounce of scrutiny. The Government's concern about the ability of committees to call witnesses has been discussed time and again.
Ms Maryan ne Stuart: Shame on you.
Mr JAMES GRIFFIN: No, not "shame on you". Government members do not understand that they now have the opportunity to do two things. Opposition members will not stand in the way of the road demerit points reduction bill.
Ms Ma ryanne Stuart: You are.
Mr JAMES GRIFFIN: We're not. We just want the Government to agree with every member of the Legislative Council other than Government members and deal with the problem of the non-attendance of witnesses at committees. It is a simple contemplation.
Mr David Harris: Do you support moving unrelated amendments in bills for facetious purposes?
Mr JAMES GRIFFIN: If you want to chirp from the cheap seats up the back—
Mr Adam Crouch: Point of order: I draw attention to Standing Order 52. A member shall be heard in silence. Opposition members showed respect when the Minister was speaking. We expect the same in return.
TEMPORARY SPEAKER ( Ms Donna Davis ): I have asked members to remain silent, but there are interjections from both sides of the Chamber. The member for Manly has the call.
Mr JAMES GRIFFIN: I fully appreciate that this is a difficult issue for Government members to deal with. They do not want the amendments included in the legislation, but they have the opportunity to do the right thing—to show members of the public and people in their communities that placing a bit of scrutiny on the Government by providing committees the opportunity to call witnesses and have them appear is not a bad thing. If they are unable to comprehend that then they need to reflect on the role of the Parliament and the Opposition, which is to apply fair, reasonable and objective scrutiny to the work of the Government. Let the committees do their work by supporting the inclusion of the amendments in the legislation. As I said, the Government has the ability to do two things. It can pass an important bill, which the Minister eloquently explained the need for. Opposition members support the bill; we have no problem with it. We want to see it pass today, and we will vote for it as long as it includes the Legislative Council amendments.
Mr RON HOENIG: I move:
That the question be now put.
The House divided.
Ayes50
Noes35
Majority15
|
AYES |
||
|
Aitchison, J |
Hagarty, N (teller) |
O'Neill, M |
|
Atalla, E |
Harris, D |
Park, R |
|
Bali, S |
Harrison, J |
Quinnell, S |
|
Barr, C |
Haylen, J |
Regan, M |
|
Butler, L |
Hoenig, R |
Saffin, J |
|
Car, P |
Holland, M |
Saliba, D |
|
Catley, Y |
Hornery, S |
Scully, P |
|
Chanthivong, A |
Kaliyanda, C |
Stuart, M |
|
Cotsis, S |
Kamper, S |
Tesch, L (teller) |
|
Crakanthorp, T |
Kirby, W |
Vo, T |
|
Daley, M |
Li, J |
Voltz, L |
|
Dalton, H |
McDermott, H |
Warren, G |
|
Dib, J |
McGirr, J |
Washington, K |
|
Donato, P |
McInerney, K |
Watson, A |
|
Doyle, T |
McKeown, K |
Whan, S |
|
Finn, J |
Mehan, D |
Wilkinson, K |
|
Greenwich, A |
Minns, C |
|
|
NOES |
||
|
Anderson, K |
Henskens, A |
Shetty, K |
|
Ayyad, T |
Hodges, M |
Singh, G |
|
Butler, R |
Kemp, M |
Sloane, K |
|
Clancy, J |
Layzell, D |
Speakman, M |
|
Cooke, S |
Leong, J |
Thompson, T |
|
Coure, M |
Moylan, B |
Toole, P |
|
Cross, M |
Petinos, E |
Tuckerman, W |
|
Crouch, A (teller) |
Preston, R |
Wallace, J |
|
Davies, T |
Provest, G |
Williams, R |
|
Dwyer, R |
Roberts, A |
Williamson, R (teller) |
|
Griffin, J |
Saunders, D |
Wilson, F |
|
Hannan, J |
Scruby, J |
|
Motion agreed to.
TEMPORARY SPEAKER ( Ms Donna Davis ): The question is that the Legislative Council amendments be disagreed with.
The House divided.
Ayes51
Noes35
Majority16
|
AYES |
||
|
Aitchison, J |
Greenwich, A |
Minns, C |
|
Atalla, E |
Hagarty, N (teller) |
O'Neill, M |
|
Bali, S |
Harris, D |
Park, R |
|
Barr, C |
Harrison, J |
Quinnell, S |
|
Butler, L |
Haylen, J |
Regan, M |
|
Car, P |
Hoenig, R |
Saffin, J |
|
Catley, Y |
Holland, M |
Saliba, D |
|
Chanthivong, A |
Hornery, S |
Scully, P |
|
Cotsis, S |
Kaliyanda, C |
Stuart, M |
|
Crakanthorp, T |
Kamper, S |
Tesch, L (teller) |
|
Daley, M |
Kirby, W |
Vo, T |
|
Dalton, H |
Li, J |
Voltz, L |
|
Davis, D |
McDermott, H |
Warren, G |
|
Dib, J |
McGirr, J |
Washington, K |
|
Donato, P |
McInerney, K |
Watson, A |
|
Doyle, T |
McKeown, K |
Whan, S |
|
Finn, J |
Mehan, D |
Wilkinson, K |
|
NOES |
||
|
Anderson, K |
Henskens, A |
Shetty, K |
|
Ayyad, T |
Hodges, M |
Singh, G |
|
Butler, R |
Kemp, M |
Sloane, K |
|
Clancy, J |
Layzell, D |
Speakman, M |
|
Cooke, S |
Leong, J |
Thompson, T |
|
Coure, M |
Moylan, B |
Toole, P |
|
Cross, M |
Petinos, E |
Tuckerman, W |
|
Crouch, A (teller) |
Preston, R |
Wallace, J |
|
Davies, T |
Provest, G |
Williams, R |
|
Dwyer, R |
Roberts, A |
Williamson, R (teller) |
|
Griffin, J |
Saunders, D |
Wilson, F |
|
Hannan, J |
Scruby, J |
|
Motion agreed to.
Ms JENNY AITCHISON: I move:
That a message be sent to the Legislative Council advising it of the Legislative Assembly's disagreement with the Legislative Council amendments.
Division called for and Standing Order 185 applied.
The House divided.
Ayes51
Noes34
Majority17
|
AYES |
||
|
Aitchison, J |
Hagarty, N (teller) |
O'Neill, M |
|
Atalla, E |
Hannan, J |
Park, R |
|
Bali, S |
Harris, D |
Piper, G |
|
Barr, C |
Harrison, J |
Quinnell, S |
|
Butler, L |
Haylen, J |
Regan, M |
|
Car, P |
Hoenig, R |
Saffin, J |
|
Catley, Y |
Holland, M |
Saliba, D |
|
Chanthivong, A |
Hornery, S |
Scully, P |
|
Cotsis, S |
Kaliyanda, C |
Stuart, M |
|
Crakanthorp, T |
Kamper, S |
Tesch, L (teller) |
|
Daley, M |
Kirby, W |
Vo, T |
|
Dalton, H |
Li, J |
Voltz, L |
|
Dib, J |
McDermott, H |
Warren, G |
|
Donato, P |
McInerney, K |
Washington, K |
|
Doyle, T |
McKeown, K |
Watson, A |
|
Finn, J |
Mehan, D |
Whan, S |
|
Greenwich, A |
Minns, C |
Wilkinson, K |
|
NOES |
||
|
Anderson, K |
Hodges, M |
Shetty, K |
|
Ayyad, T |
Kemp, M |
Singh, G |
|
Butler, R |
Layzell, D |
Sloane, K |
|
Clancy, J |
Leong, J |
Speakman, M |
|
Cooke, S |
Moylan, B |
Thompson, T |
|
Coure, M |
Petinos, E |
Toole, P |
|
Cross, M |
Preston, R |
Tuckerman, W |
|
Crouch, A (teller) |
Provest, G |
Wallace, J |
|
Davies, T |
Roberts, A |
Williams, R |
|
Dwyer, R |
Saunders, D |
Williamson, R (teller) |
|
Griffin, J |
Scruby, J |
Wilson, F |
|
Henskens, A |
|
|
Motion agreed to.