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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
HEAVY VEHICLE ACCREDITATION SCHEME
VALIDATION BILL 2013
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - VALIDATION OF ADMINISTRATIVE ACTIONS
RELATING TO ALTERNATIVE COMPLIANCE
SCHEME
3. Interpretation of Part
4. Actions of officer of responsible department
5. Fees
6. Notification of accreditation
7. Conditions of accreditation
8. Period of accreditation
PART 3 - MISCELLANEOUS
9. Administration of Act
10. Consequential amendments
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
[Bill 66]-VII
2
HEAVY VEHICLE ACCREDITATION SCHEME
VALIDATION BILL 2013
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
17 October 2013
(Brought in by the Minister for Infrastructure, the Honourable
David James O'Byrne)
A BILL FOR
An Act to validate certain administrative actions taken for
the purposes of the Traffic Act 1925, to amend the Heavy
Vehicle National Law (Tasmania) Act 2013 and for related
purposes
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Heavy Vehicle
Accreditation Scheme Validation Act 2013.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 66] 3
Heavy Vehicle Accreditation Scheme Validation Act 2013
Act No. of
s. 3 Part 2 - Validation of Administrative Actions Relating to Alternative
Compliance Scheme
PART 2 - VALIDATION OF ADMINISTRATIVE
ACTIONS RELATING TO ALTERNATIVE
COMPLIANCE SCHEME
3. Interpretation of Part
In this Part -
alternative compliance accreditation means
accreditation as a member of an approved
alternative compliance scheme under Part
VII;
certificate of accreditation means -
(a) a document with that title, issued
by the responsible department to
a person whose application for
alternative compliance
accreditation was approved under
Part VII; or
(b) a document with that title, issued
by the responsible department as
a replacement for a document
referred to in paragraph (a) -
(i) on the renewal of, or
variation of, alternative
compliance accreditation,
under Part VII; or
(ii) on the imposition under
section 70 of Part VII of
conditions on the
4
Heavy Vehicle Accreditation Scheme Validation Act 2013
Act No. of
Part 2 - Validation of Administrative Actions Relating to Alternative s. 4
Compliance Scheme
alternative compliance
accreditation;
Commission means the Transport
Commission incorporated under the
Transport Act 1981;
Part VII means Part VII of the Traffic Act
1925, as in force during the validation
period;
responsible department means the responsible
Department in relation to the Traffic Act
1925;
specified date, in relation to a certificate of
accreditation, means the date which is
specified in the certificate of
accreditation as the date up to and
including which the certificate of
accreditation is valid;
validation period means the period
commencing on 26 June 2000 and ending
on the commencement of section 4 of the
Heavy Vehicle National Law (Tasmania)
Act 2013.
4. Actions of officer of responsible department
(1) If, during the validation period, an officer of the
responsible department exercised or performed,
or purportedly exercised or performed, a power
or function of the Commission under Part VII,
the officer of the responsible department is taken
5
Heavy Vehicle Accreditation Scheme Validation Act 2013
Act No. of
s. 5 Part 2 - Validation of Administrative Actions Relating to Alternative
Compliance Scheme
to have exercised or performed that function or
power as a delegate of the Commission.
(2) No action lies against the Crown in right of
Tasmania, or the Commission, in relation to any
loss incurred by a person, if the loss is only
incurred as a consequence of an officer of the
responsible department exercising or
performing, or purportedly exercising or
performing, a power or function of the
Commission under Part VII.
5. Fees
(1) For the purposes of section 66 of Part VII, the
prescribed fee for the validation period is taken
to be, and to have always been, $66, inclusive of
GST.
(2) For the avoidance of doubt, any fees,
accompanying an application for alternative
compliance accreditation, collected during the
validation period by the Commission, are taken
to have been validly imposed and collected.
(3) No action lies against the Crown in right of
Tasmania, or the Commission, in relation to any
loss incurred by a person if the loss is only
incurred as a consequence of the imposition of
the payment of a fee, that, but for this section,
would not have been validly imposed or
collected.
6
Heavy Vehicle Accreditation Scheme Validation Act 2013
Act No. of
Part 2 - Validation of Administrative Actions Relating to Alternative s. 6
Compliance Scheme
6. Notification of accreditation
For the purposes of section 69 of Part VII, if
there is a certificate of accreditation in relation to
an alternative compliance accreditation, the
Commission is taken to have given a person
notice in writing of its approval of that person's
application for alternative compliance
accreditation by way of the certificate of
accreditation.
7. Conditions of accreditation
(1) This section applies to a certificate of
accreditation, in respect of an alternative
compliance accreditation, that specified a list of
conditions to which the alternative compliance
accreditation was purportedly subject.
(2) The conditions listed in a certificate of
accreditation referred to in subsection (1) are
taken to be conditions imposed by the
Commission on the alternative compliance
accreditation specified in that certificate of
accreditation and to be so imposed -
(a) pursuant to section 70(1) of Part VII; and
(b) from the date of the certificate of
accreditation; and
(c) for the period the alternative compliance
accreditation is -
7
Heavy Vehicle Accreditation Scheme Validation Act 2013
Act No. of
s. 8 Part 2 - Validation of Administrative Actions Relating to Alternative
Compliance Scheme
(i) effective under section 69 of Part
VII; or
(ii) taken to be effective under this
Act.
(3) For the purposes of section 70(3) of Part VII, the
Commission is taken to have given a person
notice in writing of its intention to impose
conditions on that person's alternative
compliance accreditation, if there is a certificate
of accreditation which listed those conditions in
respect of that person's alternative compliance
accreditation.
(4) No action lies against the Crown in right of
Tasmania, or the Commission, in relation to any
loss incurred by a person if the loss is only
incurred by the person complying with a
condition, listed in a certificate of accreditation,
that the Commission is taken to have imposed
under subsection (2).
8. Period of accreditation
(1) In this section -
relevant period means the period between 26
June 2000 and 21 March 2010 (both days
inclusive);
transitional period means the period between
22 March 2010 and 20 January 2013
(both days inclusive).
8
Heavy Vehicle Accreditation Scheme Validation Act 2013
Act No. of
Part 2 - Validation of Administrative Actions Relating to Alternative s. 8
Compliance Scheme
(2) Despite section 69(2) of Part VII -
(a) if the Commission, during the relevant
period -
(i) approved an application for
alternative compliance
accreditation; or
(ii) renewed, or purportedly renewed,
alternative compliance
accreditation; and
(b) the certificate of accreditation for that
alternative compliance accreditation had
a specified date which was a date less
than 3 years from the date of the
certificate of accreditation -
that alternative compliance accreditation is taken
to have been, unless sooner cancelled under Part
VII, effective for a period commencing on the
date of the certificate of accreditation and ending
on the specified date.
(3) Despite section 69(2) of Part VII -
(a) if the Commission, during the
transitional period -
(i) approved an application for
alternative compliance
accreditation; or
9
Heavy Vehicle Accreditation Scheme Validation Act 2013
Act No. of
s. 8 Part 2 - Validation of Administrative Actions Relating to Alternative
Compliance Scheme
(ii) renewed, or purportedly renewed,
alternative compliance
accreditation; and
(b) the certificate of accreditation for that
alternative compliance accreditation (the
initial accreditation) had a specified date
which was a date less than 3 years from
the date of the certificate of
accreditation; and
(c) the Commission renewed or purported to
renew the initial accreditation after the
specified date-
the initial accreditation is taken to have been
effective for a period commencing on the date of
the certificate of accreditation and ending on the
specified date.
(4) No action lies against the Crown in right of
Tasmania, or the Commission, in relation to any
loss incurred by a person in relation to -
(a) a certificate of accreditation, if the loss is
incurred by reason only that the
certificate had a specified date which was
a date less than 3 years from the date of
the certificate of accreditation; or
(b) the renewal of an alternative compliance
accreditation, if the loss is incurred by
reason only that the accreditation was
renewed earlier than it was required
under Part VII to be so renewed.
10
Heavy Vehicle Accreditation Scheme Validation Act 2013
Act No. of
Part 3 - Miscellaneous s. 9
PART 3 - MISCELLANEOUS
9. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Infrastructure; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of
Infrastructure, Energy and Resources.
10. Consequential amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
11
Heavy Vehicle Accreditation Scheme Validation Act 2013
Act No. of
sch. 1
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
Section 10
Heavy Vehicle National Law (Tasmania) Act 2013
1. Section 39 is amended as follows:
(a) by omitting paragraph (a) from
subsection (2);
(b) by omitting from subsection (2)(b)
"other";
(c) by omitting paragraph (a) from
subsection (3);
(d) by omitting from subsection (3)(b)
"other";
(e) by omitting from subsection (4) "Part 8.2
of";
(f) by omitting from subsection (5) "Part 8.2
of".
12 Government Printer, Tasmania