Heavy Vehicle National Law Application (Transport Legislation Amendment Act 2019) Transitional Regulations 2019 (Vic)

Version No. 001

Heavy Vehicle National Law Application (Transport Legislation Amendment Act 2019) Transitional Regulations 2019

S.R. No. 170/2019

Version as at

1 January 2020

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Definitions

5Things done by the Roads Corporation before commencement day

6Things commenced but not completed by Roads Corporation before commencement day

7Superseded references

8Evidence by certificate by road authority

9Declaration of persons for the purposes of the definition of authorised use in Part 13.4 of the Law

10Persons who may commence proceedings for offences

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Heavy Vehicle National Law Application (Transport Legislation Amendment Act 2019) Transitional Regulations 2019

S.R. No. 170/2019

Version as at

1 January 2020

1Objective

The objective of these Regulations is to provide for matters of a transitional nature arising as a result of amendments made by the Transport Legislation Amendment Act 2019 that transfer the functions and powers of the Roads Corporation to the Head, Transport for Victoria and the Secretary under the Heavy Vehicle National Law Application Act 2013 and the Heavy Vehicle National Law (Victoria).

2Authorising provision

These Regulations are made under section 59B of the Heavy Vehicle National Law Application Act 2013.

3Commencement

These Regulations come into operation on 1 January 2020.

4Definitions

In these Regulations—

commencement day means the day on which section 154 of the Transport Legislation Amendment Act 2019 comes into operation;

the Act means the Heavy Vehicle National Law Application Act 2013;

the Law means the Heavy Vehicle National Law (Victoria).

5Things done by the Roads Corporation before commencement day

Anything done by the Roads Corporation in the performance of a function or duty, or exercise of a power, under the Act or under the Law as a road authority before the commencement day is taken, on that day, to have been done by the Head, Transport for Victoria in the performance of a function or duty, or exercise of a power, under the Act or under the Law as a road authority, as the case requires.

6Things commenced but not completed by Roads Corporation before commencement day

(1)This regulation applies if, before the commencement day, the Roads Corporation, in the performance of a function or duty, or exercise of a power, under the Act or under the Law as a road authority has commenced to do a thing and has not completed that thing before that day.

(2)On and after the commencement day, the Head, Transport for Victoria may complete that thing and, for the purposes of this regulation, anything done by the Roads Corporation before that day is taken to have been done by the Head, Transport for Victoria.

7Superseded references

A reference to the Roads Corporation in the Act or in any instrument (including a subordinate instrument) made under or for the purposes of the Act or under the Law, or any other document (by whatever name) prepared or made under or for the purposes of the Act or the Law, must be construed as a reference to the Head, Transport for Victoria—

(a)so far as the reference relates to any period on or after the commencement day; and

(b)if not inconsistent with the subject matter.

8Evidence by certificate by road authority

(1)A certificate purporting to be issued by the Roads Corporation as a road authority before the commencement day, and referred to in section 712(a), (b) or (c) of the Law, is taken, on that day, to be a certificate purporting to be issued by the Secretary under section 712(a), (b) or (c) of the Law, as the case requires, and continues on and after that day to have effect according to its tenor.

(2)A certificate purporting to be issued by the Roads Corporation as a road authority before the commencement day, and referred to in section 712(d) or (e) of the Law, is taken, on that day, to be a certificate purporting to be issued by the Head, Transport for Victoria under section 712(d) or (e) of the Law, as the case requires, and continues on and after that day to have effect according to its tenor.

9Declaration of persons for the purposes of the definition of authorised use in Part 13.4 of the Law

A declaration of a person as an entity by the Roads Corporation under section 28(c) of the Act that is in effect immediately before the commencement day is taken, on that day, to be a declaration of the person as an entity by the Head, Transport for Victoria under that section.

10Persons who may commence proceedings for offences

(1)This regulation applies to a proceeding for an offence against the Law or the national regulations commenced by a relevant authorised officer before the commencement day that has not been finally determined before that day.

(2)On and after the commencement day, the Secretary is substituted for the relevant authorised officer as a party to the proceeding and has the same rights and obligations in the proceeding as the relevant authorised officer.

(3)In this regulation—

relevant authorised officer means an officer of the Roads Corporation who was, immediately before the commencement day, authorised by the Roads Corporation, under section 31(1)(c) of the Act, to commence a proceeding for an offence against the Law or the national regulations.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Heavy Vehicle National Law Application (Transport Legislation Amendment Act 2019) Transitional Regulations 2019, S.R. No. 170/2019 were made on 23 December 2019 by the Governor in Council under section 59B of the Heavy Vehicle National Law Application Act 2013, No. 30/2013 and came into operation on 1 January 2020: regulation 3.

The Heavy Vehicle National Law Application (Transport Legislation Amendment Act 2019) Transitional Regulations 2019 will sunset 10 years after the day of making on 23 December 2029 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•    Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•    Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•    Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•    Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•    Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•    Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Heavy Vehicle National Law Application (Transport Legislation Amendment Act 2019) Transitional Regulations 2019 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

No entries at date of publication.