Tasmanian Bills Clause Notes Tasmanian Bills Clause Notes[Index] [Search] [Download] [Bill] [Help]
HEAVY VEHICLE NATIONAL LAW (TASMANIA) BILL 2013
CLAUSE NOTES
PART 1 PREMLIMINARY
Clause 1 - Short title
Clause 2 - Commencement
This clause provides for the commencement of the provisions of the Bill. The Bill will
come into operation on a day or days to be proclaimed. As a national scheme, the
Heavy Vehicle National Law relies on each jurisdiction passing its application laws
before the agreed commencement date. To allow for any contingencies that may
occur in other jurisdictions passing their application laws, no default commencement
date is set. It is planned to commence the Heavy Vehicle National Law in all
participating jurisdictions on a common agreed date.
Clause 3 Interpretation
This clause defines certain terms for the purposes of the Bill.
PART 2 ADOPTION OF HEAVY VEHICLE NATIONAL LAW
Clause 4 - Application of Heavy Vehicle National Law
This clause formally applies the Heavy Vehicle National Law, which exists in a
Schedule to the Queensland Act, as a law of Tasmania.
Clause 5 - Application of national regulations
This clause states that the national regulations will apply as regulations in force for
the purposes of the Heavy Vehicle National Law (Tasmania).
Clause 6 - Exclusion of legislation of this jurisdiction
This clause excludes a number of oversight laws of Tasmania from the Heavy
Vehicle National Law (Tasmania) or to instruments under that law. The Heavy
Vehicle National Law and the National Heavy Vehicle Regulator are hosted in
Queensland. Therefore the oversight laws of Queensland will apply. Interpretation
provisions are also included in Schedule 1 of the HVNL. Clause 6 (3) ensures
Tasmania's oversight laws apply to a State entity or an employee of a State entity
exercising a function under the Heavy Vehicle National Law (Tasmania). For
example under a service agreement.
Clause 7 - Amendments to Heavy Vehicle National Law (Tasmania)
This clause specifies that any amendments to the Heavy Vehicle National Law will
be tabled in each House of the Tasmanian Parliament within 10 sitting days from the
date on which the amendment receives the Royal Assent in Queensland. This
clause does not affect the operation of the amendment.
Clause 8 - Procedure in relation to national regulations
This clause specifies that for the purposes of the Heavy Vehicle National Law
(Tasmania), New South Wales is designated to publish the national regulations. This
clause also provides that the national regulations will be notified in the Gazette and
laid before each House of the Tasmanian Parliament. If either House of Parliament
passes a resolution to disallow a regulation, the regulation does not cease to have
effect in this jurisdiction unless it is disallowed in a majority of participating
jurisdictions.
Clause 9 - Interpretation of certain expressions
This clause defines certain terms used in the Heavy Vehicle National Law in order to
give them particular meaning in this jurisdiction.
Clause 10 - Declaration about industrial relations status of Regulator
This clause applies for the purposes of industrial relations and to clarify the policy
intent to establish the Regulator as a single national entity and national employer for
the purpose of the Fair Work Act 2009.
Clause 11 - Particular law
This clause declares the WHS law for Tasmania and the applicable road rules.
Clause 12 - Local Government authority
This clause defines that a 'council' under the Local Government Act is a 'local
government' for the purposes of the Heavy Vehicle National Law (Tasmania).
Clause 13 - Relevant tribunal or court
This clause declares the term `relevant tribunal or court' in the Heavy Vehicle
National Law (Tasmania) means for the purposes of chapter 11 (review and appeals)
the Magistrates Court (Administrative Appeals Division) and for the purposes of all
other chapters of the law the Magistrates Court.
Clause 14 - Responsible Minister
This clause specifies the term `responsible Minister' in the Heavy Vehicle National
Law (Tasmania) means the Minister responsible for administering the Bill.
Clause 15 - Road authority
This clause specifies that the term `road authority' in the Heavy Vehicle National Law
(Tasmania) means the Registrar of Motor Vehicles for the purposes of s712
paragraphs (a), (b) and (c) and the Minister administering the Roads and Jetties Act
1935 for all other provisions.
Clause 16 - Road Manager
This clause lists the relevant road managers in Tasmania for the purposes of the
Heavy Vehicle National Law (Tasmania).
Clause 17 - Police officers who are authorised officers
This clause declares that for the purposes of the Heavy Vehicle National Law
(Tasmania) all police officers are authorised officers.
Clause 18 - Authorised warrant official
This clause specifies that for the purposes of the Heavy Vehicle National Law
(Tasmania) the term authorised warrant official means a magistrate within the
meaning of the Magistrates Court Act 1987.
Clause 19 - Offences for which persons charged do not have benefit of mistake
of face defence
This clause declares that a person charged with an offence under the Heavy Vehicle
National Law (Tasmania) does not have the benefit of mistake of fact defence where
it is specified in the National Law.
The clause also defines what the mistake of fact defence means in Tasmania.
Clause 20 - Authorised use of protected information
This clause provides that for the purposes of the Heavy Vehicle National Law
(Tasmania) the term `relevant law' refers to the laws specified in this clause.
PART 3 PROVISIONS SPECIFIC TO THIS JURISDICTION
Clause 21 - Authority to use force
This clause specifies that in the undertaking of a function under the Heavy Vehicle
National Law (Tasmania) a police officer may use force against a person and an
authorised officer may use force against property.
Clause 22 - Amendment or withdrawal of vehicle defect notices
This clause provides that for the purposes of the Heavy Vehicle National Law
(Tasmania) a police officer from another jurisdiction may amend or withdraw a
vehicle defect notice that has been issued in Tasmania by a police officer.
Clause 23 - Infringement notices
This clause specifies that the Monetary Penalties Enforcement Act 2005 is the
infringement notice offences law for Tasmania and procedures for dealing with
infringement notices under this law will apply for Tasmania.
The clause also provides that the infringement penalty is 10% of the maximum
penalty for the offence.
Clause 24 - Determination of wheel load, single axle load, axle group load or
aggregate axle load
This clause empowers authorised officers to determine, in accordance with
regulations, the wheel load, single axle load, axle group load or aggregate load of a
heavy vehicle or combination for the purposes of the Heavy Vehicle National Law
(Tasmania).
This clause also provides a power to make regulations relating to determining mass,
issuing certificates and methods for testing instruments.
Clause 25 - Contravening condition of mass or dimension exemption relating
to escort vehicle
This clause disapplies the Heavy Vehicle National Law (Tasmania) in the situation
where, for public safety reasons only, an authorised officer driving an escort vehicle
reasonably believes that a breach of the conditions of the permit in relation to the
positioning of the escort vehicle or distance is necessary.
Clause 26 - Fees for vehicle inspections
This clause allows for the identified persons to charge fees for vehicle inspections.
Clause 27- Fees for route assessments
This clause allows for the road manager to charge for supplying a route assessment.
Clause 28 - No double jeopardy
This clause provides that where an offence has been committed and punished under
the law of a participating jurisdiction and the offence is also an offence under the
Heavy Vehicle National Law (Tasmania), the offender cannot be punished again for
that same offence under the Heavy Vehicle National Law (Tasmania).
PART 4 SAVINGS AND TRANSITIONAL PROVISIONS
Clause 29 - Application of Division
This clause provides that the savings and transitional arrangements for fatigue
management will apply for the period between the initial proclamation date of the
Application Bill and the commencement of the Heavy Vehicle National Law fatigue
provisions in Tasmania six months later.
Clause 30 - Non-application of fatigue management provisions of Heavy
Vehicle National Law
This clause specifies that during the transitional period the fatigue management
provisions of the Heavy Vehicle National Law will not apply in Tasmania.
Clause 31 - Repeal of Division
This clause will repeal the application of transitional arrangements for fatigue
management provisions of the Heavy Vehicle National Law (Tasmania). This clause
will not be proclaimed until the six month transitional period is complete.
Clause 32 - Application of Division
This clause provides that the savings and transitional arrangements for registration
of heavy vehicles will apply for the period between the initial proclamation date of the
Application Bill and the commencement of Chapter 2 of the Heavy Vehicle National
Law (Tasmania).
Clause 33 - Non-application of registration provisions of Heavy Vehicle
National Law
This clause specifies that during the transitional period the registration provisions of
the Heavy Vehicle National Law (Tasmania), Chapter 2, will not apply in Tasmania.
Clause 34 - Meaning of GCM and GVM
This clause provides that the meaning of GCM and GVM for the purposes of the
Heavy Vehicle National Law (Tasmania) will have the same meanings as in the
Vehicle and Traffic Act 1999. Since the national registration system is being deferred
and therefore Chapter 2 of the Heavy Vehicle National Law (Tasmania) will not
apply, a slightly alternative definition of GCM and GVM is needed.
Clause 35 - Registration
This clause provides references for a number of terms in relation to registration
during the transitional period. Since the national registration system is being
deferred, and therefore Chapter 2 of the Heavy Vehicle National Law (Tasmania) will
not apply, an alternative definition of registration (for where the word occurs in other
parts of the Heavy Vehicle National Law) is needed. This means registration under
the current system in Tasmania will continue to apply.
Clause 36 - Requirements about vehicle defect notices
This clause provides that a reference to section 527(1)(i) of the Heavy Vehicle
National Law (Tasmania) should be read as a reference to the Vehicle and Traffic
Act 1999.
Clause 37 - Power to cancel or suspend vehicle registration
This clause provides that a reference to section 598(5) of the Heavy Vehicle National
Law (Tasmania) should be read as a reference to the Registrar of Motor Vehicles
appointed under section 5 of the Vehicle and Traffic Act 1999 or a corresponding
authority.
Clause 38 - Repeal of Division
This clause will repeal the application of transitional arrangements for registration
provisions of the Heavy Vehicle National Law.
This clause will not be proclaimed until there is national agreement by participating
jurisdictions to switch on Chapter 2 of the National Heavy Vehicle Law (Tasmania)
that deals with Registration.
Clause 39 - Accreditation
This clause provides savings and transitional provisions for mass management and
maintenance management accreditations made under the Traffic Act 1925 to
continue under the Heavy Vehicle National Law (Tasmania).
Clause 40 - Provision of information and assistance by Registrar
This clause provides for the provision of information and assistance by the Registrar
to the Regulator even if information is given to the Registrar in confidence.
Clause 41 - Validation of instruments and decisions by Regulator
This clause validates instruments and decisions made by the Regulator if it was
made under the Heavy Vehicle National Law Act 2012 but before the
commencement of the Heavy Vehicle National Law (Tasmania).
Clause 42 - Provisions relating to Part 14.2 of the Heavy Vehicle National Law
This clause identifies the Vehicle and Traffic Act 1999 as the former legislation for
the purposes of Part 14.2 of the Heavy Vehicle National Law.
The clause also identifies permits, notices and exemptions currently made under the
Vehicle and Traffic Act 1999 and their corresponding sections of the Heavy Vehicle
National Law (Tasmania) and provides savings and transitional provisions for them
to remain in place until they expire.
The clause also identifies that due to the introduction of national law fatigue
requirements, following the Tasmanian six month delay, those exemptions currently
granted for fatigue (primarily an exemption from keeping a driving hour record) will
expire as they no longer relate to the national law.
PART 5 MISCELLANEOUS
Clause 43 - Regulations
This clause provides a power for the making of regulations for the purposes of the
local application provisions.
Clause 44 - Consequential amendment of order does not prevent subsequent
amendment
This clause is a standard Office of Parliamentary Counsel clause for the avoidance
of doubt. Where an order, such as a statutory rule has been amended by an Act it is
not prevented from being amended or rescinded by a subsequent order.
Clause 45 - Administration of Act
This clause provides that the administration of this Act is assigned to the Minister for
Infrastructure and the department responsible to that Minister in relation to
administration of this Act is the Department of Infrastructure, Energy and Resources.
Clause 46 - Consequential Amendments
This clause specifies that consequential amendments are set out in Schedule 1.
Clause 47 - Legislation repealed
This clause specifies that legislation to be repealed is set out in Schedule 2.
Clause 48 - Legislation revoked
This clause specifies that legislation to be revoked is set out in Schedule 3.