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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Heavy Vehicle National Law)
Bill 2013
A BILL FOR
An Act to amend the Motor
Vehicles Act 1959, the Road
Traffic Act 1961 and the Second-hand
Vehicle Dealers Act 1995.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment provisions
Part 2—Amendment of Motor Vehicles
Act 1959
4Amendment of section
5—Interpretation
5Repeal of Part 2A
6Amendment of section
139D—Confidentiality
7Amendment of section 141—Evidence by
certificate etc
Part 3—Amendment of Road Traffic
Act 1961
8Amendment of long title
9Amendment of
section 5—Interpretation
10Repeal of sections 8 and 9
11Amendment of
section 35—Appointment of authorised officers
12Repeal of section
36
13Substitution of section
38
38Identity
cards
14Amendment of section 39—Production of
identification
15Amendment of section 40—Return of
identity cards
16Repeal of section 40A
17Substitution
of section 40C
40CMeaning of
qualified, fit or authorised to drive or start or stop engine
18Amendment of
section 40D—Meaning of unattended vehicle and driver of disconnected
trailer
19Substitution of sections 40E and
40F
40EMeaning of broken
down vehicle
40FMeaning of compliance purposes
20Amendment of
section 40G—Application of Subdivision
21Insertion of section
40GA
40GAInterpretation
22Amendment of section
40H—Direction to stop vehicle to enable exercise of other
powers
23Amendment of section 40I—Direction to
move vehicle to enable exercise of other powers
24Amendment of section
40J—Direction to move vehicle if danger or obstruction
25Amendment of
section 40K—Direction to leave vehicle
26Amendment of section 40M—Moving
unattended vehicle to enable exercise of other powers
27Amendment of section
40N—Removing unattended or broken down vehicle if danger or
obstruction
28Amendment of section 40P—Notice of
removal of vehicle and disposal of vehicle if unclaimed
29Amendment of
section 40Q—Power to inspect vehicle on road or certain official
premises
30Amendment of section 40R—Power to search
vehicle on road or certain official premises
31Amendment of section 40S—Power
to inspect premises
32Amendment of section 40T—Power to search
premises
33Amendment of section 40V—Direction to
give name and other personal details
34Amendment of section 40W—Direction to
produce records, devices or other things
35Amendment of section 40X—Direction
to provide information
36Amendment of section 40Y—Direction to
provide reasonable assistance for powers of inspection and search
37Amendment of
section 40Z—Provisions relating to starting or stopping engine
38Amendment of
section 41B—Warrants
39Amendment of section 41C—Use of
assistants and equipment
40Amendment of section 41D—Use of
equipment to examine or process things
41Amendment of section 41E—Use or
seizure of electronic equipment
42Amendment of section 41F—Receipt for and
access to seized material
43Repeal of section 41G
44Substitution
of section 41I
41IVarious
powers may be exercised on same occasion
45Amendment of section
41J—Restoring vehicle or premises to original condition after action
taken
46Amendment of section 41M—Obstructing or
hindering authorised officers
47Amendment of section 41O—Division not to
affect other powers
48Repeal of Part 3AA
49Amendment of section
110C—Offences
50Amendment of heading to Part 4
51Substitution
of Part 4 Division 1
Division 1—Light vehicle
standards
111Rules prescribing light
vehicle standards
52Substitution of Part 4 Division
2
Division 2—Light vehicle mass and
loading requirements
113Regulations prescribing
light vehicle mass and loading requirements
53Repeal of Part 4 Division
3
54Amendment of heading to Part 4 Division
3A
55Amendment of section 116—Meaning of
breach of light vehicle standards or maintenance requirement
56Amendment of
section 117—Liability of driver
57Amendment of section 118—Liability
of operator
58Amendment of heading to Part 4 Division
3B
59Substitution of sections 119 and
120
119Meaning of breach of light
vehicle mass, dimension or load restraint requirement
60Repeal of
Part 4 Division 3B Subdivision 2
61Amendment of heading to Part 4 Division 3B
Subdivision 3
62Substitution of sections 123 and
124
123Liability of
driver
124Liability
of operator
63Repeal of sections 125 to 129
64Repeal of
Part 4 Division 3B Subdivisions 4 to 7
65Amendment of section 145—Defect
notices
66Substitution of Part 4 Division 4 Subdivisions
2 and 3
Subdivision 2—Powers relating to
breaches of light vehicle mass, dimension or load restrain
requirements
146Directions
and authorisations
67Amendment of section 161A—Driving of
certain light vehicles subject to Ministerial approval
68Repeal of Part 4 Division
6
69Substitution of section
163G
163GInspection of
certificates
70Repeal of Part 4B
71Substitution of section
164B
164BApproval or
exemption does not operate in favour of person who contravenes a
condition
72Repeal of section 173AA
73Section
173AB—Further defences
74Repeal of section 174F
75Amendment of
section 174G—Dismissal or other victimisation of employee or contractor
assisting with or reporting breaches
76Substitution of section
174I
174IAmendment or
revocation of directions or conditions
77Amendment of section
175—Evidence
78Amendment of section 176—Regulations
and rules
Part 4—Amendment of Second-hand
Vehicle Dealers Act 1995
79Amendment of section 23—Duty to
repair
Schedule 1—Statute law revision
amendment of Road Traffic Act 1961
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Heavy Vehicle National
Law) Act 2013.
(1) This Act will come into operation on a day to be fixed by
proclamation.
(2) Section 7(5) of the Acts
Interpretation Act 1915 does not apply to this Act or a provision
of this Act.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Motor Vehicles
Act 1959
4—Amendment
of section 5—Interpretation
(1) Section 5(1), definition of authorised
officer—delete the definition and substitute:
authorised officer means a person appointed as an authorised
officer under section 35 of the
Road
Traffic Act 1961 or a person of a class of persons appointed as
authorised officers under that section;
(2) Section 5(1), definition of garage address—delete
the definition and substitute:
garage address of a vehicle means—
(a) in the case of a vehicle normally kept at a depot when not in
use—the principal depot of the vehicle; or
(b) in any other case—the address of the place of business or
residence at which the vehicle is normally kept when not in use;
(3) Section 5(1), definition of heavy vehicle—delete
the definition and substitute:
heavy vehicle means a motor vehicle that is a heavy vehicle
for the purposes of the
Heavy
Vehicle National Law (South Australia);
Heavy Vehicle National Law (South Australia) has the same
meaning as in the
Heavy
Vehicle National Law (South Australia) Act 2013;
Heavy Vehicle National Regulations (South Australia) has the
same meaning as in the
Heavy
Vehicle National Law (South Australia) Act 2013;
(4) Section 5(1), definition of prime mover—delete
"built" and substitute:
designed
(5) Section 5(1), definition of semi-trailer—delete
the definition and substitute:
semi-trailer means a trailer that has—
(a) 1 axle group or a single axle (as those terms are defined in the Road
Traffic Act 1961) towards the rear; and
(b) a means of attachment to a prime mover that results in some of the
mass of the trailer's load being imposed on the prime mover;
Part 2A—delete the Part
6—Amendment
of section 139D—Confidentiality
Section 139D(1)(c)—delete paragraph (c) and substitute:
(c) in connection with the administration of this Act, the Heavy
Vehicle National Law (South Australia) or the Heavy
Vehicle National Regulations (South Australia)
7—Amendment
of section 141—Evidence by certificate etc
Section 141(2)—delete "under a corresponding law" and
substitute:
under the Heavy
Vehicle National Law (South Australia), the Heavy
Vehicle National Regulations (South Australia) or a corresponding
law
Part 3—Amendment
of Road Traffic
Act 1961
Long title—delete "to consolidate and amend certain enactments
relating to road traffic" and substitute:
to prescribe the duties of road users; to provide for nationally consistent
road rules; to provide for vehicle standards, mass and loading requirements and
other safety measures in relation to light vehicles; to regulate the
identification of vehicles; to provide for the installation, use and maintenance
of traffic control devices; to provide for the closing of roads for traffic
management and other purposes; to provide for the use of photographic detection
devices; to provide for the enforcement of Australian road laws and the
recognition of administrative actions and court orders of other Australian
jurisdictions
9—Amendment
of section 5—Interpretation
(1) Section 5(1), definitions of approved road transport compliance
scheme, associate and Australian police
officer—delete the definitions
(2) Section 5(1), definition of authorised
officer—delete the definition and substitute:
authorised officer means—
(a) a person appointed as an authorised officer under section 35 or a
person of a class of persons appointed as authorised officers under that
section; or
(b) a police officer;
(3) Section 5(1), definition of base—delete the
definition
(4) Section 5(1), definitions of breach of a mass, dimension or load
restraint requirement, breach of a mass, dimension or load
restraint requirement in this State, breach of a mass, dimension
or load restraint requirement in another jurisdiction, breach of a
vehicle standards or maintenance requirement and bus
—delete the definitions and substitute:
breach of a light vehicle mass, dimension or load restraint
requirement—see section 119;
breach of a light vehicle standards or maintenance
requirement—see section 116;
bus means a light motor vehicle built or fitted to carry more
than 12 adults (including the driver);
(5) Section 5(1), definition of combination—delete
"connected to one" and substitute:
towing 1
(6) Section 5(1), definition of commercial motor
vehicle—delete the definition
(7) Section 5(1), definition of conduct—delete the
definition and substitute:
conduct means an act, or an omission to perform an act, or a
state of affairs;
(8) Section 5(1), definitions of consignee,
consignor and container weight
declaration—delete the definitions
(9) Section 5(1), definitions of drive and
driver—delete the definitions and substitute:
drive a vehicle includes be in control of the steering,
movement or propulsion of the vehicle;
driver of a vehicle (other than a motor bike, bicycle, animal
or animal-drawn vehicle) means the person driving the vehicle but does not
include a person pushing a motorised wheelchair;
(10) Section 5(1), definition of employee—after
"training" insert:
or a contract for services
(11) Section 5(1), definitions of freight container and
garage address—delete the definitions and
substitute:
garage address of a vehicle means—
(a) in the case of a vehicle normally kept at a depot when not in
use—the principal depot of the vehicle; or
(b) in any other case—the address of the place of business or
residence at which the vehicle is normally kept when not in use;
(12) Section 5(1), definition of goods, (d)—delete
paragraph (d) and substitute:
(d) fuel, water, lubricants and readily removable equipment required for
the normal use of the vehicle in which they are carried; or
(e) personal items used by the driver of the vehicle, or someone else
necessary for the normal use of the vehicle, in which they are
carried;
(13) Section 5(1), definition of heavy vehicle—delete
the definition and substitute:
heavy vehicle means a vehicle that is a heavy vehicle for the
purposes of the
Heavy
Vehicle National Law (South Australia);
Heavy Vehicle National Law (South Australia) has the same
meaning as in the
Heavy
Vehicle National Law (South Australia) Act 2013;
Heavy Vehicle National Regulations (South Australia) has the
same meaning as in the
Heavy
Vehicle National Law (South Australia) Act 2013;
(14) Section 5(1), definitions of legal entitlements and
load—delete the definitions and substitute:
legal entitlements of a vehicle (or component of a vehicle)
means the particulars of the entitlements, conferred under an Australian road
law, that authorise the vehicle (or component) to be operated on a road, and
includes—
(a) any entitlements arising under or as affected by a permit,
registration, authorisation, approval, exemption, notice or anything else given
or issued in writing under such a law; and
(b) any entitlements arising under or as affected by restrictions, or by
the application of restrictions, under an Australian road law or other laws (for
example, sign-posted mass limits for bridges, hazardous weather condition
permits, and special road protection limits);
light motor vehicle means a motor vehicle that is not a heavy
vehicle;
light vehicle means a vehicle that is not a heavy
vehicle;
light vehicle mass and loading requirements—see
section 113;
light vehicle mass, dimension or load restraint requirement
means—
(a) a light vehicle mass and loading requirement; or
(b) a requirement of the Australian
Road Rules relating to mass limits where the mass limits are indicated
by signs (for example, sign-posted bridge limits);
light vehicle standards—see section 111;
load of a vehicle, or in or on a vehicle,
means—
(a) all the goods, passengers, drivers and other persons in or on the
vehicle; and
(b) all fuel, water, lubricants and readily removable equipment carried in
or on the vehicle and required for its normal use; and
(c) personal items used by the vehicle's driver or someone else necessary
for the normal use of the vehicle; and
(d) anything that is normally removed from the vehicle when not in
use,
and includes a part of a load as so defined;
(15) Section 5(1), definitions of loader, mass and
loading requirements and mass, dimension or load restraint
requirement—delete the definitions
(16) Section 5(1), definition of mass limit—before
"mass" second occurring insert:
light vehicle
(17) Section 5(1), definition of minor risk
breach—delete the definition
(18) Section 5(1), definition of operator—delete
"controlling or directing the operation" wherever occurring and substitute in
each case:
responsible for controlling or directing the use
(19) Section 5(1), definitions of package,
packaging and packer—delete the
definitions
(20) Section 5(1), definition of prime mover—delete
"built" and substitute:
designed
(21) Section 5(1), definitions of public safety and
quad-axle group—delete the definitions and
substitute:
public safety means the safety of persons or property,
including the safety of—
(a) the drivers of, and passengers and other persons in, vehicles;
and
(b) persons or property in or in the vicinity of, or likely to be in or in
the vicinity of, road infrastructure and public places; and
(c) vehicles and any loads in or on them;
(22) Section 5(1), definitions of reasonable steps defence,
registered industry code of practice and responsible
entity—delete the definitions
(23) Section 5(1), definitions of responsible person and
run—delete the definitions and substitute:
responsible person means a person having, at a relevant time,
a role or responsibilities associated with road transport, and includes any of
the following:
(a) an owner of a vehicle;
(b) a driver of a vehicle;
(c) an operator or registered operator of a vehicle;
(d) a person in charge or apparently in charge of a vehicle;
(e) a person in charge or apparently in charge of the garage address of a
vehicle;
(f) a person in charge of premises entered by an authorised officer under
this Act;
(g) an owner or operator of a weighbridge, or weighing facility, used to
weigh vehicles or an occupier of premises where such a weighbridge or weighing
facility is located;
(h) a person who controls or directly influences the loading or operation
of a vehicle;
(i) an agent, employer, employee, contractor or subcontractor of a person
referred to in any of the preceding paragraphs of this definition;
(24) Section 5(1), definitions of semi-trailer and
severe risk breach—delete the definitions and
substitute:
semi-trailer means a trailer that has—
(a) 1 axle group or a single axle towards the rear; and
(b) a means of attachment to a prime mover that results in some of the
mass of the trailer's load being imposed on the prime mover;
(25) Section 5(1), definition of substantial risk
breach—delete the definition and substitute:
start, in relation to a vehicle's engine, includes run the
engine;
(26) Section 5(1), definition of transport
documentation—delete ", sea carriage document, or container weight
declaration" and substitute:
or sea carriage document
(27) Section 5(1), definitions of two-up driver, unit
load and vehicle standards—delete the
definitions
Sections 8 and 9—delete the sections
11—Amendment
of section 35—Appointment of authorised officers
Section 35—after subsection (5) insert:
(6) An appointment
under this section may be subject to conditions, including—
(a) conditions limiting the exercise of powers by the authorised officer
to the enforcement of specified provisions of the Act or the enforcement of the
Act within a specified area of the State; and
(b) conditions on the
exercise of powers conferred on authorised officers by a road law.
(7) The Minister may, at any time, by instrument in writing applicable to
a specified authorised officer or each authorised officer of a specified
class—
(a) impose conditions of a kind referred to in
subsection (6);
or
(b) vary or revoke such conditions.
Sections 36—delete the section
Section 38—delete the section and substitute:
38—Identity cards
(1) Subject to this section, the Minister must issue an authorised officer
with an identity card.
(2) The Minister is not required to issue an identity card
if—
(a) the authorised officer is a police officer; or
(b) the Minister has designated a card issued to an authorised officer, or
to a class of authorised officers, by another person, body or authority (whether
or not of this State) as an identity card for the purposes of this
Act.
(3) An identity card issued under this section must—
(a) contain a recent photograph of the authorised officer; and
(b) identify the person as an authorised officer for the purposes of this
Act; and
(c) specify the identification number issued to the authorised officer by
the Minister.
14—Amendment
of section 39—Production of identification
(1) Section 39(1)—delete "or police officers"
(2) Section 39(2)—delete subsection (2) and substitute:
(2) An authorised officer (other than a police officer) must not exercise
a power unless an identity card has been issued to, or designated for, the
officer.
(3) Section 39(3)—after "authorised officer" insert:
(other than a police officer)
(4) Section 39(3)—delete "identification" and substitute:
identity
(5) Section 39(5)—delete "or police officer"
(6) Section 39(6)—delete "or police officer"
15—Amendment
of section 40—Return of identity cards
Section 40(1)(a)—delete "identification" and substitute:
identity
Section 40A—delete the section
17—Substitution
of section 40C
Section 40C—delete the section and substitute:
40C—Meaning of qualified, fit or authorised to
drive or start or stop engine
For the purposes of this Division—
(a) a person is qualified to drive a vehicle, or to start or
stop its engine, if the person—
(i) holds a driver's licence of the appropriate class to drive the vehicle
and the licence is not suspended; and
(ii) is not prevented under a law, including, for example, by the
conditions of the driver's licence, from driving the vehicle at the relevant
time;
(b) a person is fit to drive a vehicle, or to start or stop
its engine, if the person—
(i) is apparently physically and mentally fit to drive the vehicle, or
start or stop its engine; and
(ii) is not apparently affected by either or both of the
following:
(A) alcohol;
(B) a drug that affects a person’s ability to drive a vehicle;
and
(iii) the person has not at the time been found to have, and there are not
any reasonable grounds to suspect that the person has, a concentration of
alcohol in the person’s blood exceeding the amount permitted under a road
law; and
(iv) the person has not at the time been found to have, and there are not
any reasonable grounds to suspect that the person has, a prescribed drug in his
or her oral fluid or blood;
(c) a person is authorised to drive a vehicle, or to start
or stop its engine, if the person is its operator or has the authority of the
operator to drive it or to start or stop its engine (regardless of whether or
not the person is qualified to drive the vehicle, or to start or stop its
engine).
18—Amendment
of section 40D—Meaning of unattended vehicle and driver of disconnected
trailer
Section 40D(1)—delete subsection (1) and substitute:
(1) For the purposes of this Division, a vehicle is
unattended if—
(a) the authorised officer concerned is present at the scene and there is,
after inspection and enquiry by the officer that is reasonable in the
circumstances, apparently no person in, on or near the vehicle who appears to be
a driver of the vehicle; or
(b) the authorised officer concerned is not present at the scene but is
able to inspect the scene by means of camera or other remote surveillance system
and there is, after inspection by the officer that is reasonable in the
circumstances, apparently no person in, on or near the vehicle who appears to be
a driver of the vehicle; or
(c) there is a person in, on or near the vehicle who appears to be its
driver but the person is—
(i) unwilling, or not qualified or fit, to drive the vehicle; or
(ii) not authorised by the operator of the vehicle to drive it;
or
(iii) subject to a direction under section 40K in relation to the
vehicle.
19—Substitution
of sections 40E and 40F
Sections 40E and 40F—delete the sections and substitute:
40E—Meaning of broken down
vehicle
For the purposes of this Division, a vehicle is broken down
if—
(a) in the case of a motor vehicle—it is not possible to drive the
vehicle because it is disabled through damage, mechanical failure, lack of fuel
or any similar reason; or
(b) in the case of a trailer—it is not connected (either directly or
by one or more other trailers) to a towing vehicle, whether or not the trailer
is also disabled through damage, mechanical power or any similar reason;
or
(c) in the case of a combination—it is not possible to drive the
combination because the combination or a vehicle comprised in the combination is
disabled through damage, mechanical failure, lack of fuel or any similar reason;
or
(d) in any other case—it is not connected to a towing vehicle or an
animal by which it could be drawn or it is not possible to tow or draw the
vehicle because it is disabled through damage, mechanical failure or any similar
reason.
40F—Meaning of compliance
purposes
For the purposes of this Division, a power is exercised for
compliance purposes in relation to a person if the power is
exercised—
(a) to determine whether the Australian road laws are being complied with
by that or any other person; or
(b) to investigate a breach or suspected breach of an Australian road law
by that or any other person; or
(c) to investigate an accident in which that person or any other person
has been involved.
20—Amendment
of section 40G—Application of Subdivision
Section 40G(1)(c)—delete "the officer" and substitute:
an authorised officer
After section 40G insert:
40GA—Interpretation
In this Subdivision—
road law includes—
(a) the Heavy
Vehicle National Law (South Australia); and
(b) the Heavy
Vehicle National Regulations (South Australia); and
(c) Part 2 Divisions 4 and 5 of the Heavy
Vehicle National Law (South Australia) Act 2013; and
(d) the local regulations as defined in the Heavy
Vehicle National Law (South Australia) Act 2013.
22—Amendment
of section 40H—Direction to stop vehicle to enable exercise of other
powers
(1) Section 40H—delete "or police officer" wherever
occurring
(2) Section 40H(2)—before "officer" insert:
authorised
23—Amendment
of section 40I—Direction to move vehicle to enable exercise of other
powers
(1) Section 40I(1)—delete "or police officer"
(2) Section 40I(1)—delete "this Act" and substitute:
a road law
(3) Section 40I(2), penalty provision—delete the penalty provision
and substitute:
Maximum penalty: $5 000.
(4) Section 40I(3)—delete subsection (3)
(5) Section 40I(5), definition of suitable
location—delete "or police officer"
24—Amendment
of section 40J—Direction to move vehicle if danger or
obstruction
(1) Section 40J(1)—delete "or police officer"
(2) Section 40J(1)—before "vehicle" insert:
light
25—Amendment
of section 40K—Direction to leave vehicle
Section 40K(1), (2) and (3)—delete "or police officer" wherever
occurring
26—Amendment
of section 40M—Moving unattended vehicle to enable exercise of other
powers
(1) Section 40M(1)—delete "or police officer"
(2) Section 40M(1)(b)—delete "this Act" and substitute:
a road law
27—Amendment
of section 40N—Removing unattended or broken down vehicle if danger or
obstruction
(1) Section 40N(1)(a)—delete paragraph (a) and substitute:
(a) an authorised officer believes on reasonable grounds that a light
vehicle is unattended or broken down on a bridge, culvert or freeway;
or
(2) Section 40N(1)(b)—delete "or police officer"
(3) Section 40N(1)(b)(i)—before "vehicle" insert:
light
28—Amendment
of section 40P—Notice of removal of vehicle and disposal of vehicle if
unclaimed
Section 40P(1)—before "vehicle" insert:
light
29—Amendment
of section 40Q—Power to inspect vehicle on road or certain official
premises
(1) Section 40Q(2)—delete "or police officer"
(2) Section 40Q(5)—delete "or under an approved road transport
compliance scheme" wherever occurring
30—Amendment
of section 40R—Power to search vehicle on road or certain official
premises
(1) Section 40R(2)—delete "or police officer"
(2) Section 40R(2)(a)—delete "or in the commission of a breach of an
approved road transport compliance scheme"
(3) Section 40R(6)(a)—delete "or a breach of an approved road
transport compliance scheme"
(4) Section 40R(6)(c)(i)—delete "or under an approved road transport
compliance scheme"
(5) Section 40R(6)(c)(iii)—delete "or a breach of an approved road
transport compliance scheme"
(6) Section 40R(8)—delete "or a breach of an approved road transport
compliance scheme"
31—Amendment
of section 40S—Power to inspect premises
(1) Section 40S(1)—delete subsection (1) and substitute:
(1) This section applies to the following premises:
(a) premises at or from which a responsible person carries on business, or
that are occupied by a responsible person in connection with such a business, or
that are a registered office of a responsible person;
(b) the garage address of a vehicle;
(c) premises where records required to be kept under an Australian road
law are located or are required to be located.
(2) Section 40S(2)—delete "or police officer"
(3) Section 40S(7)—delete "or under an approved road transport
compliance scheme" wherever occurring
32—Amendment
of section 40T—Power to search premises
(1) Section 40T(1)—delete subsection (1) and substitute:
(1) This section applies to the following premises:
(a) premises at or from which a responsible person carries on business, or
that are occupied by a responsible person in connection with such a business, or
that are a registered office of a responsible person;
(b) the garage address of a vehicle;
(c) premises where records required to be kept under an Australian road
law are located or are required to be located;
(d) premises where the officer concerned believes on reasonable grounds
that—
(i) a vehicle is or has been located; or
(ii) transport documentation or journey documentation is
located.
(2) Section 40T(2)—delete "or police officer"
(3) Section 40T(2)(a)—delete "or of the commission of a breach of an
approved road transport compliance scheme"
(4) Section 40T(9)(a)—delete "or a breach of an approved road
transport compliance scheme"
(5) Section 40T(9)(c)(i)—delete "or under an approved road transport
compliance scheme"
(6) Section 40T(9)(c)(iii)—delete "or a breach of an approved road
transport compliance scheme"
(7) Section 40T(11)—delete "or a breach of an approved road
transport compliance scheme"
33—Amendment
of section 40V—Direction to give name and other personal
details
(1) Section 40V(2)—delete "or police officer"
(2) Section 40V(3)—delete "or police officer"
34—Amendment
of section 40W—Direction to produce records, devices or other
things
Section 40W(1)—delete "or police officer"
35—Amendment
of section 40X—Direction to provide information
Section 40X(1)—delete "or police officer"
36—Amendment
of section 40Y—Direction to provide reasonable assistance for powers of
inspection and search
(1) Section 40Y(1)—delete "or police officer"
(2) Section 40Y(3)—delete "run" and substitute:
start or stop
(3) Section 40Y(7)—delete "run" wherever occurring and substitute in
each case:
start or stop
37—Amendment
of section 40Z—Provisions relating to starting or stopping
engine
(1) Section 40Z—delete "run" wherever occurring and substitute in
each case:
start or stop
(2) Section 40Z(2)—delete "running" and substitute:
starting or stopping
38—Amendment
of section 41B—Warrants
Section 41B(1)—delete "or police officer"
39—Amendment
of section 41C—Use of assistants and equipment
Section 41C—delete "or police officer" wherever occurring
40—Amendment
of section 41D—Use of equipment to examine or process
things
Section 41D(1)—delete "or police officer"
41—Amendment
of section 41E—Use or seizure of electronic equipment
Section 41E(1)(c)—delete "or police officer" and "or
scheme"
42—Amendment
of section 41F—Receipt for and access to seized
material
Section 41F—delete "or police officer"
Section 41G—delete the section
44—Substitution
of section 41I
Section 41I—delete the section and substitute:
41I—Various powers may be exercised on same
occasion
(1) An authorised officer may exercise various powers under road laws on
the same occasion, whether the exercise of the powers is for the same purpose or
different purposes and whether the opportunity to exercise 1 power arises only
as a result of the exercise of another power.
(2) In this section—
road law includes—
(a) the Heavy
Vehicle National Law (South Australia); and
(b) the Heavy
Vehicle National Regulations (South Australia); and
(c) Part 2 Divisions 4 and 5 of the Heavy
Vehicle National Law (South Australia) Act 2013; and
(d) the local regulations as defined in the Heavy
Vehicle National Law (South Australia) Act 2013.
45—Amendment
of section 41J—Restoring vehicle or premises to original condition after
action taken
Section 41J(a)—delete "or police officer"
46—Amendment
of section 41M—Obstructing or hindering authorised
officers
Section 41M(a)—delete "or police officer"
47—Amendment
of section 41O—Division not to affect other powers
Section 41O—delete "on an authorised officer or police officer" and
substitute:
on a police officer or on any other authorised officer
Part 3AA—delete the Part
49—Amendment
of section 110C—Offences
Section 110C(7)—delete "A police officer or" and
substitute:
An
50—Amendment
of heading to Part 4
Heading to Part 4—after "provisions" insert:
applying to light vehicles
51—Substitution
of Part 4 Division 1
Part 4 Division 1—delete Division 1 and substitute:
Division 1—Light vehicle
standards
111—Rules prescribing light vehicle
standards
The Governor may make rules to set standards (light vehicle
standards) about the design, construction, efficiency and performance
of, and the equipment to be carried on, light vehicles that are motor vehicles,
trailers and combinations.
52—Substitution
of Part 4 Division 2
Part 4 Division 2—delete Division 2 and substitute:
Division 2—Light vehicle mass and loading
requirements
113—Regulations prescribing light vehicle mass and
loading requirements
The Governor may make regulations to prescribe requirements (light
vehicle mass and loading requirements) about the mass and loading of
light vehicles that are motor vehicles, trailers and combinations, including
dimensions and securing of loads and the coupling of such vehicles.
53—Repeal
of Part 4 Division 3
Part 4 Division 3—delete Division 3
54—Amendment
of heading to Part 4 Division 3A
Heading to Part 4 Division 3A—before "vehicle"
insert:
light
55—Amendment
of section 116—Meaning of breach of light vehicle standards or maintenance
requirement
(1) Section 116(1)—before "vehicle standards"
insert:
light
(2) Section 116(1)(a)—before "vehicle" insert:
light
(3) Section 116(1)(b)(i)—before "vehicle" insert:
light
(4) Section 116(2)—before "vehicle" first occurring
insert:
light
(5) Section 116(3)—before "vehicle" insert:
light
56—Amendment
of section 117—Liability of driver
Section 117(1)—before "vehicle" wherever occurring insert:
light
57—Amendment
of section 118—Liability of operator
Section 118(1)—before "vehicle" wherever occurring insert:
light
58—Amendment
of heading to Part 4 Division 3B
Heading to Part 4 Division 3B—before "mass" insert:
light vehicle
59—Substitution
of sections 119 and 120
Sections 119 and 120—delete the sections and substitute:
119—Meaning of breach of light vehicle mass,
dimension or load restraint requirement
For the purposes of this Act, there is a breach of a light vehicle
mass, dimension or load restraint requirement if—
(a) a light vehicle is driven on a road; and
(b) the vehicle does not comply with a light vehicle mass, dimension or
load restraint requirement.
60—Repeal
of Part 4 Division 3B Subdivision 2
Part 4 Division 3B Subdivision 2—delete Subdivision 2
61—Amendment
of heading to Part 4 Division 3B Subdivision 3
Heading to Part 4, Division 3B, Subdivision 3—before "mass"
insert:
light vehicle
62—Substitution
of sections 123 and 124
Section 123—delete the section and substitute:
123—Liability of driver
A person commits an offence if—
(a) there is a breach of a light vehicle mass, dimension or load restraint
requirement; and
(b) the person is the driver of the light vehicle concerned.
Maximum penalty: $2 500.
124—Liability of operator
(1) A person commits an offence if—
(a) there is a breach of a light vehicle mass, dimension or load restraint
requirement; and
(b) the person is the operator of the light vehicle concerned.
Maximum penalty: $2 500.
(2) It is a defence to a charge for an offence against this section if the
person charged establishes that the vehicle was being used at the relevant time
by—
(a) another person not entitled (whether by express or implied authority
or otherwise) to use it, other than an employee or agent of the person;
or
(b) by an employee of the person who was acting at the relevant time
outside the scope of the employment; or
(c) by an agent of the person who was acting at the relevant time outside
the scope of the agency.
63—Repeal
of sections 125 to 129
Sections 125 to 129 (inclusive)—delete the sections
64—Repeal
of Part 4 Division 3B Subdivisions 4 to 7
Part 4 Division 3B Subdivisions 4 to 7 (inclusive)—delete
Subdivisions 4 to 7
65—Amendment
of section 145—Defect notices
(1) Section 145(1), definition of safety risk—delete
the definition and substitute:
safety risk means a risk—
(a) to public safety; or
(b) of harm to the environment;
vehicle means a light vehicle;
(2) Section 145(1a) to (2a) (inclusive)—delete subsections (1a)
to (2a) and substitute:
(1a) An authorised
officer may direct the driver of a vehicle to stop the vehicle and may examine
the vehicle if the vehicle has deficiencies or the officer suspects on
reasonable grounds that the vehicle has deficiencies.
(1b) Despite subsection (1a), an authorised officer may direct the driver
of a vehicle of a prescribed class to stop the vehicle and may examine the
vehicle for the purposes of determining whether the vehicle has deficiencies
(whether or not there is reason to suspect that the vehicle has
deficiencies).
(2) If an authorised officer suspects on reasonable grounds that a vehicle
has deficiencies, the officer may direct the owner, the operator or the person
in charge of the vehicle to produce it for examination at a specified time and
place.
(2a) An authorised officer may, at any time when any premises where
vehicles are exhibited or kept for sale or hire are open for business, for the
purposes of determining whether a vehicle exhibited or kept for sale or hire on
those premises has deficiencies, examine the vehicle or direct the owner, the
operator or the person in charge of the vehicle to produce it for examination at
a time and place stated by the authorised officer.
(3) Section 145(4)—delete "A police officer or an" and
substitute:
An
(4) Section 145(4a)—delete subsection (4a) and substitute:
(4a) If, on examination of a vehicle, an authorised officer is of the
opinion that the vehicle has deficiencies but that further use of the vehicle on
roads would not give rise to a safety risk, the officer may issue a formal
written warning to the driver of the vehicle or, if the vehicle is unattended,
cause a formal written warning to be affixed to the vehicle.
(5) Section 145(4c)(b)—delete "police officer or"
(6) Section 145(5)—delete "a police officer or"
(7) Section 145(5)—delete "the police officer or authorised officer"
wherever occurring and substitute in each case:
the officer
(8) Section 145(5a)—delete "A police officer or" and
substitute:
An
(9) Section 145(5c)(b)—delete "police officer or"
(10) Section 145(5c)(g)(ii)—delete "a police officer,"
(11) Section 145(5c)(g)(iii)—delete "a police officer,"
(12) Section 145(5d)—delete "A police officer, an" and
substitute:
An
(13) Section 145(5e)(b)—delete "police officer or"
(14) Section 145(5g)—delete "A police officer or" and
substitute:
An
(15) Section 145(5h)—delete "A police officer or" and
substitute:
An
66—Substitution
of Part 4 Division 4 Subdivisions 2 and 3
Part 4 Division 4 Subdivisions 2 and 3—delete Subdivisions 2 and
3 and substitute:
Subdivision 2—Powers relating to breaches of light
vehicle mass, dimension or load restrain requirements
146—Directions and
authorisations
(1) If an authorised
officer believes on reasonable grounds that a light vehicle is the subject
of 1 or more breaches of light vehicle mass, dimension or load
restraint requirements, the officer may—
(a) if the officer does not give a direction under
paragraph (b)—authorise
the driver of the vehicle to continue its journey under this section;
or
(b) if the officer
believes on reasonable grounds that particular circumstances exist for the
purposes of this section warranting the giving of a direction under this
paragraph—direct the driver or operator of the vehicle—
(i) to rectify specified breaches of light vehicle mass, dimension or load
restraint requirements then and there; or
(ii) if the officer also believes on reasonable grounds that the vehicle
should be moved to another location—to move it or cause it to be moved to
a specified suitable location that is within the prescribed distance, and not to
proceed from there until specified breaches of light vehicle mass, dimension or
load restraint requirements are rectified.
(2) Without
limiting the above, particular circumstances exist for the purposes of this
section warranting the giving of a direction if—
(a) rectification is reasonable and can be carried out easily;
or
(b) rectification is necessary in the public interest to avoid potential
risk of harm to public safety, the environment, road infrastructure or public
amenity.
(3) A person commits an offence if—
(a) the person is subject to a direction under
subsection (1);
and
(b) the person engages in conduct that results in a contravention of the
direction.
Maximum penalty: $5 000.
(4) If a direction is
given in relation to a light vehicle that is a combination, nothing in this
section prevents a component vehicle of the combination from being separately
driven or moved if—
(a) the component vehicle is not itself the subject of a breach of a light
vehicle mass, dimension or load restraint requirement; and
(b) it is not otherwise unlawful for the component vehicle to be driven or
moved.
(5) However,
subsection (4) does
not apply if there is also a direction that prevents the component vehicle from
being separately driven or moved.
(6) If an authorised officer believes on reasonable grounds
that—
(a) a light vehicle is the subject of 1 or more breaches of light vehicle
mass, dimension or load restraint requirements; and
(b) the driver of the vehicle is not or is no longer the subject of a
direction for the rectification of the breach or breaches,
the officer may authorise the driver of the vehicle to continue its
journey.
(7) An authorisation may be granted under this section unconditionally or
subject to conditions imposed by the officer.
(8) A person commits an offence if—
(a) the person is granted an authorisation under this section;
and
(b) the authorisation is subject to a condition; and
(c) the person engages in conduct that results in a contravention of the
condition.
Maximum penalty: $5 000.
(9) An authorised officer may give a direction or authorisation under this
section orally or in writing.
(10) In this section—
component vehicle of a combination means a towing vehicle or
trailer of the combination;
prescribed distance means a distance (in any direction)
within a radius of 30 kilometres of—
(a) the location of the vehicle when the direction is given; or
(b) any point along the forward route of the journey, if the direction is
given in the course of a journey of the vehicle;
suitable location means a location that the officer believes
on reasonable grounds to be suitable for the purpose of complying with the
direction, having regard to any matters the officer considers relevant in the
circumstances.
(11) This section applies to a vehicle regardless of whether or not the
vehicle is, has been or becomes the subject of a direction under Part 2 Division
5.
(12) This section does not limit or prevent the exercise of powers under
Part 2 Division 5 for the purpose of determining whether there is or has been a
breach of a light vehicle mass, dimension or load restraint requirement (or any
other purpose).
67—Amendment
of section 161A—Driving of certain light vehicles subject to Ministerial
approval
Section 161A(1)—before "vehicle" insert:
light
68—Repeal
of Part 4 Division 6
Part 4 Division 6—delete Division 6
69—Substitution
of section 163G
Section 163G—delete the section and substitute:
163G—Inspection of
certificates
An authorised officer may require the driver of a vehicle to which this
Part applies to stop the vehicle for the purpose of permitting that officer to
inspect any certificate of inspection that may be attached to the
vehicle.
Part 4B—delete Part 4B
71—Substitution
of section 164B
Section 164B—delete the section and substitute:
164B—Approval or exemption does not operate in
favour of person who contravenes a condition
(1) If a person
contravenes or fails to comply with a condition or restriction specified in an
approval or exemption, the approval or exemption does not, while the
contravention or non-compliance continues, operate in that person's
favour.
(2) If, by virtue of
subsection (1)—
(a) a person is guilty of an offence against section 161A(1); or
(b) a person is guilty of an offence against the provision of this Act
from which the person was exempted by an exemption,
the person may be proceeded against either for that offence or for the
offence of contravening, or failing to comply with, a condition or restriction
of the approval or exemption.
(3) In this section—
approval means an approval granted by the Minister under
section 161A(1);
exemption means an exemption granted by the Minister under
this Act.
Section 173AA—delete the section
73—Section
173AB—Further defences
Section 173AB(1)(b)—delete "or police officer"
Sections 174F—delete the section
75—Amendment
of section 174G—Dismissal or other victimisation of employee or contractor
assisting with or reporting breaches
Section 174G(8), definition of public agency—delete the
definition and substitute:
public agency means—
(a) an Australian authority; or
(b) an authorised officer or police officer of any jurisdiction;
or
(c) any other public authority of any jurisdiction.
76—Substitution
of section 174I
Section 174I—delete the section and substitute:
174I—Amendment or revocation of directions or
conditions
(1) Subject to
subsection (2), an
authorised officer may amend or revoke a direction given, or conditions imposed,
by that officer or another authorised officer under this Act.
(2) An authorised
officer who is not a police officer cannot amend or revoke a direction given, or
conditions imposed, by a police officer.
77—Amendment
of section 175—Evidence
(1) Section 175(1)(eb)—delete paragraph (eb)
(2) Section 175(1)(g)—delete "or permit" and substitute:
, permit or approval
(3) Section 175(1)(h)—delete "or permit" and substitute:
, permit or approval
(4) Section 175(3)(a)—delete "or a police officer"
(5) Section 175(3)(c)—delete paragraph (c)
(6) Section 175(5)—delete "or a police officer" wherever
occurring
78—Amendment
of section 176—Regulations and rules
(1) Section 176(1a)(ga)—delete paragraph (ga)
(2) Section 176(2a)—delete subsection (2a)
Part 4—Amendment
of Second-hand Vehicle Dealers
Act 1995
79—Amendment
of section 23—Duty to repair
(1) Section 23(7)(d)(i)—after "Road
Traffic Act 1961" insert:
, the Heavy
Vehicle National Law (South Australia) or the Heavy
Vehicle National Regulations (South Australia)
(2) Section 23(10), definition of defect, (a)—after
Road
Traffic Act 1961 insert:
, the Heavy
Vehicle National Law (South Australia) or the Heavy
Vehicle National Regulations (South Australia)
(3) Section 23(10)—after the definition of defect
insert:
Heavy Vehicle National Law (South Australia) has the same
meaning as in the
Heavy
Vehicle National Law (South Australia) Act 2013;
Heavy Vehicle National Regulations (South Australia) has the
same meaning as in the
Heavy
Vehicle National Law (South Australia) Act 2013;
Schedule 1—Statute
law revision amendment of Road Traffic
Act 1961
Provision amended |
How amended |
---|---|
Section 5(3) |
Delete "notwithstanding" and substitute: despite the fact |
Section 11(2) |
Delete "Where" and substitute: If |
Section 16(2) |
Delete "pursuant to" and substitute: under |
Section 18(6) |
Delete "Where" and substitute: If |
Section 19(5) |
Delete "notwithstanding" and substitute: despite |
Section 19(5)(c) |
Delete "in pursuance of" and substitute: under |
Section 19A(1) |
Delete "Where" and substitute: If |
Section 19A(3) |
Delete "in pursuance of" wherever occurring and substitute in each
case: under |
Section 19A(4) |
Delete "Where" and substitute: If |
Section 19A(4) |
Delete "in pursuance of" and substitute: in accordance with |
Section 20(2a) |
Delete "in pursuance of" and substitute: in accordance with |
Section 32(1) |
Delete "in pursuance of" and substitute: in accordance with |
Section 33(4) |
Delete "upon" and substitute: on |
Section 33(9a) |
Delete "Where" and substitute: If |
Section 34(5) |
Delete "Where" and substitute: If |
Section 39(1) |
Delete "where" and substitute: if |
Section 43(2) |
Delete "Where" and substitute: If |
Section 44B(5) |
Delete "Where" and substitute: If |
Section 45A(3) |
Delete "Where" and substitute: If |
Section 46(3) |
Delete "Where" and substitute: If |
Section 47(3) |
Delete "Where" and substitute: If |
Section 47B(3) |
Delete "Where" and substitute: If |
Section 47C(2) |
Delete "notwithstanding" and substitute: despite |
Section 47D(2) |
Delete "General Revenue of the State" and substitute: Consolidated Account |
Section 47E(6) |
Delete "Where" and substitute: If |
Section 47EAA(16) |
Delete "Where" and substitute: If |
Section 47EB |
Delete "Where" and substitute: If |
Section 47GA(2)(c) |
Delete "where" and substitute: if |
Section 47H(1) |
Delete "published" |
Section 47I(1) |
Delete "Where" and substitute: If |
Section 47I(1) |
Delete "notwithstanding" and substitute: despite the fact |
Section 47I(4) |
Delete "Where" and substitute: If |
Section 47I(4) |
Delete "pursuant to" and substitute: under |
Section 47I(6) |
Delete "where" and substitute: if |
Section 47I(14) |
Delete "Any" and substitute: A |
Section 47I(14), penalty provision, (a) |
Delete "where" and substitute: if |
Section 47I(14a) |
Delete "Where" and substitute: If |
Section 47IA(1) |
Delete "Where" and substitute: If |
Section 47IA(1) |
Delete "pursuant to" and substitute: in accordance with |
Section 47J(1) |
Delete "Where" and substitute: If |
Section 47J(4) |
Delete "Where" and substitute: If |
Section 47J(4) |
Delete "notwithstanding" and substitute: despite |
Section 47J(9) |
Delete "Where" and substitute: If |
Section 47K(1) |
Delete "in pursuance of" and substitute: under |
Section 47K(2a) |
Delete "Where" and substitute: If |
Section 47K(3c) |
Delete "pursuant to" and substitute: in accordance with |
Section 53B(4) |
Delete "pursuant to" and substitute: under |
Section 79B(2) |
Delete "Where" and substitute: If |
Section 79B(2b) |
Delete "Where" and substitute: If |
Section 79B(3) |
Delete "Where" and substitute: If |
Section 79B(5) |
Delete "Where" and substitute: If |
Section 79B(6) |
Delete "Where" and substitute: If |
Section 79B(7) |
Delete "Where" and substitute: If |
Section 79B(8) |
Delete "Where" and substitute: If |
Section 79B(10)(c) |
Delete "where" and substitute: if |
Section 79D(1) |
Delete " of the Public Service" |
Section 79D(2)(a) |
Delete "monies" and substitute: money |
Section 85(3) |
Delete "notwithstanding" and substitute: despite |
Section 99A |
Delete "where" and substitute: if |
Section 99B(3) |
Delete "where" and substitute: if |
Section 145(15) |
Delete "Where" and substitute: If |
Section 162C(4) |
Delete "where" and substitute: if |
Section 163AA(1) |
Delete "published" |
Section 163A(2) |
Delete "published" |
Section 163A(2) |
Delete "department of Government" and substitute: administrative unit |
Section 163A(3) |
Delete "published" |
Section 163C(3) |
Delete "Where" and substitute: If |
Section 163D(3a) |
Delete "where" and substitute: if |
Section 163E(1) |
Delete "notwithstanding" and substitute: despite the fact |
Section 163J(1) |
Delete "pursuant to" and substitute: under |
Section 163J(1) |
Delete "where" and substitute: if |
Section 163K |
Delete "in pursuance or purported pursuance of" and substitute: under, or purportedly under, |
Section 165(1) |
Delete "pursuant to" and substitute: under |
Section 168(3) |
Delete "Where" and substitute: If |
Section 168(4) |
Delete "Notwithstanding" and substitute: Despite |
Section 168(4)(a) |
Delete "pursuant to" and substitute: under |
Section 168(4)(a) |
Delete "notwithstanding" and substitute: despite |
Section 168(5) |
Delete "Where" and substitute: If |
Section 169A |
Delete "Where, pursuant to" and substitute: If, under |
Section 172(1) |
Delete "Where" and substitute: If |
Schedule 1, clause 2 |
Delete "where" and substitute: if |
Schedule 1, clause 3 |
Delete "Where" and substitute: If |
Schedule 1, clause 7 |
Delete "where" and substitute: if |