Tasmanian Numbered Acts Tasmanian Numbered Acts
- Act 16 of 2010
- Royal Assent 17 September 2010
TABLE OF PROVISIONS
Long Title
PART 1 - Preliminary
1. Short title
2. Commencement
3. Purpose
4. Definitions
4A. Meaning of associate
4B. Meaning of consign and consignor
4C. Meaning of pack and packer
4D. Meaning of load and loader
4E. Meaning of operator
4F. References to rolling stock
4G. Meaning of qualified, fit or authorised to drive or to run an
engine
4H. Meaning of unattended vehicle and driver of disconnected trailer
4I. Meaning of broken down, in relation to vehicles
4J. Road and road-related areas
4K. Examples
4L. Notes
5. Binding the Crown
6. Application of Commonwealth Acts Interpretation Act
7. Scope of this Act
PART 2 - Regulations
8. Powers to make regulations and adoption of codes and standards
9. Penalties under the regulations
10. Applications for review
PART 3 - Competent Authorities and Authorised Officers Division 1 -
Appointment and arrangements
11. Appointment of Competent Authorities
12. Appointment of authorised officers
13. Identity cards
14. Return of identity cards
15. Impersonating authorised officers
16. Competent Authority may delegate powers
17. Competent Authority may provide information to corresponding authority
18. Reciprocal powers of authorised officers
Division 2 - General powers – road vehiclesSubdivision 1 -
Application
19. Application of Division
20. Direction to stop road vehicle
21. Direction to move road vehicle
22. Direction to produce documents
23. Direction to move road vehicle in case of danger or obstruction
24. Direction to leave vehicle
25. Moving unattended road vehicle to enable exercise of other powers
26. Powers of authorised officers – inspection
27. Powers of authorised officers – searches
28. Moving unattended or broken down road vehicle where danger or
obstruction
29. Powers of authorised officers – immobilised road vehicle
30. Powers of authorised officers in emergencies
31. Authorisation not required for driving under this Division
Division 3 - Directions in respect of rolling stock and
trainsSubdivision 1 - Application
32. Application
33. Powers of authorised officers – rail operators
34. Powers of authorised officers – train drivers
35. Powers of authorised officers – others
36. Powers of authorised officers – documents
37. Powers of authorised officers – inspection
38. Powers of authorised officers – search
39. Powers of authorised officers – immobilised train
40. Powers of authorised officers in emergencies
Division 4 - Powers to inspect and search premisesSubdivision 1 -
Preliminary
41. Application
42. Residential purposes
43. Power to inspect premises
44. Power to search premises
Division 5 - Other directions
45. Direction to give name and other personal details
46. Direction to produce records, devices or other things
47. Direction to provide information
48. Direction to provide reasonable assistance for powers of inspection
and search
Division 6 - Provisions regarding inspections and searches
49. Warrants
50. Use of assistants and equipment
51. Use of equipment to examine or process things
52. Use or seizure of electronic equipment
52A. Sample-taking procedure
Division 7 - Other provisions regarding seizure
53. Receipt for and access to seized material
54. Embargo notices
Division 8 - Miscellaneous
55. Limit on use of force
56. Consent
57. Manner of giving directions under this Part
58. Directions to state when to be complied with
59. Directions may be given under more than one provision
60. Restoring vehicle or premises to original condition after action
taken
61. Self-incrimination no excuse
62. Providing evidence to other authorities
63. Obstructing or hindering authorised officers
PART 4 - Exemptions
64. Exemptions
65. Variation and cancellation of exemptions and conditions
66. Review of exemption &c.
67. Application orders and emergency orders
PART 5 - Offences and Penalties
68. Reserved
69. Failure to hold licence &c.
70. Goods too dangerous to be transported
71. Duties concerning transport of dangerous goods
PART 6 - General Administrative Sanctions Division 1 - Improvement
notices
72. Improvement notices
73. Contravention of improvement notice
74. Amendment of improvement notices
75. Cancellation of improvement notices
76. Clearance certificates
Division 2 - Formal warnings
77. Formal warnings
78. Withdrawal of formal warnings
Division 3 - Infringement notices
79. Infringement notices
PART 7 - General Court-based Sanctions Division 1 - Proceedings for
offences
80. Proceedings for offences
81. Proceedings for an offence may be brought by authorised officers
82. Period within which proceedings for offences may be commenced
Division 2 - Available sanctions
83. Sanctions imposed by courts
Division 3 - Fines
84. Reserved
Division 4 - Commercial benefits penalty orders
85. Commercial benefits penalty orders
Division 5 - Licensing and registration sanctions
86. Power to affect licences
87. Power to affect road vehicle registration
Division 6 - Supervisory intervention orders
88. Supervisory intervention orders
89. Contravention of supervisory intervention order
Division 7 - Exclusion orders
90. Exclusion orders
91. Contravention of exclusion order
Division 8 - Forfeiture orders
92. Forfeiture
PART 8 - Compensation Orders Division 1 - Definitions
93. Definitions
93A. Compensation orders
Division 2 - General compensation orders
94. Compensation orders for damage to rail or road infrastructure
95. Assessment of compensation
96. Service of certificates
97. Limits on amount of compensation
Division 3 - Costs compensation orders
98. Recovery of costs
Division 4 - Costs and recovery
99. Costs
100. Enforcement of compensation order and costs
101. Relationship with orders or awards of other courts and tribunals
PART 9 - General Liability and Evidentiary Provisions Division 1 -
Basis of liability for offences
102. Multiple offenders
103. Double jeopardy
104. Liability of directors, partners, employers and others for offences
by bodies corporate, partnerships, associations and employees
105. Complicity and common purpose (aiding and abetting)
106. Causing or permitting
107. Coercing, inducing or offering incentive
Division 2 - General defences
108. Sudden or extraordinary emergency
109. Lawful authority
110. Other defences
Division 3 - Special defences
111. Special defence for owners or operators
112. Special defence of compliance with direction
Division 4 - General evidentiary provisions
113. Vicarious responsibility
114. Evidence
115. Evidence regarding weighing
116. Proof of appointments and signatures unnecessary
117. Transport documentation
118. Use of codes of practice &c. in proceedings
PART 10 - Prohibition Notices
119. Definition
120. Prohibition notice may be served
121. Prohibition notice
122. Contravention of prohibition notice
123. Oral direction may be given before prohibition notice is served
124. Withdrawal of prohibition notice
125. Amendment of prohibition notice
126. Proceedings for offence not affected by prohibition notice
PART 11 - Miscellaneous Division 1 - Indemnities
127. Protection from liability
128. Indemnity not affected by certain matters
129. Other indemnities not affected
Division 2 - General
130. Dismissal or other victimisation of employee or contractor assisting
with or reporting breaches
131. Confidentiality
132. False or misleading statements or records provided to Authority or
officials
133. Contracting out prohibited
134. Recovery of costs of public authorities
135. Assistance in emergencies or accidents
136. Minister to notify adoption of code &c.
137. Delegation
138. Administration of Act
139. Consequential amendments
140. Legislation repealed
141. Legislation rescinded
142. Consequential amendments of regulations do not prevent their
subsequent amendment
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
[ Note: This table has been automatically generated and may be incomplete. ]