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HEAVY VEHICLE NATIONAL LAW ACT 2012 - SECT 48

Particular orders continue to have effect under TORUM after commencement

48 Particular orders continue to have effect under TORUM after commencement

(1) The general savings and transitional provision does not apply to a TORUM order or VSS notice.
(2) TORUM, as in force before the commencement, continues to apply for the purposes of a TORUM order as if—
(a) the Law was not in force; and
(b) TORUM had not been amended on the commencement.
Example—
Before the commencement, a court made a supervisory intervention order under section 164B of TORUM, requiring a person to give a compliance report to the chief executive, as mentioned in section 164C of TORUM, by a stated time that is after the commencement. A failure to give the report by the stated time would be dealt with as an offence under section 164E of TORUM even though sections 164B and 164E are repealed on the commencement.
(3) TORUM, including the VSS regulation, as in force immediately before the commencement, continues to apply for the purposes of a VSS notice as if—
(a) the Law was not in force; and
(b) TORUM, including the VSS regulation, had not been amended on the commencement.
(4) Without limiting subsections (2) and (3)
(a) TORUM, including the VSS regulation, as in force before the commencement, continues to have effect for all matters arising after the commencement—
(i) in the investigation of a relevant offence; or
(ii) in the enforcement of TORUM, including the VSS regulation, in relation to a relevant offence; and
(b) a proceeding for a relevant offence may be started under TORUM as in force before the commencement; and
(c) the State Penalties Enforcement Act 1999 , as in force before the commencement, continues to have effect in relation to a relevant offence.
(5) Section 748 (5) of the Law applies to the prosecution of a relevant offence as if it were a prosecution referred to in section 748 (3) (c) of the Law.
(6) In this section—

"relevant offence" means an offence committed after the commencement relating to noncompliance with a TORUM order or VSS notice.

"TORUM order" means a requirement, direction, authorisation, notice or order if—
(a) it was made or given under a TORUM order provision before the commencement; and
(b) it applied to a vehicle that, on the commencement, becomes a heavy vehicle under the Law; and
(c) immediately before the commencement it was still in force to require a person to do or not to do something.

"TORUM order provision" means any of the following provisions of TORUM as in force before the commencement—
(a) section 36 ;
(b) section 37 (1) ;
(c) section 38 (2) ;
(d) section 39E (2) or (4) ;
(e) section 39F (2) ;
(f) section 39G (2) ;
(g) section 39K (2) or (3) ;
(h) section 39L (2) or (3) ;
(i) section 39M (2) ;
(j) section 39N (2) ;
(k) section 39Q (2) ;
(l) section 164B .

"VSS notice" means a defect notice given under section 8 (2) of the VSS regulation if—
(a) it was given before the commencement; and
(b) it applied to a vehicle that, on the commencement, becomes a heavy vehicle under the Law; and
(c) immediately before the commencement it was still in force to require a person to do or not to do something.

"VSS regulation" means the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010 of Queensland.



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