National Transport Commission (Road Transport Legislation Compliance and Enforcement Bill) Regulations 2006 (Cth)
National Transport Commission (Road Transport Legislation—Compliance and Enforcement Bill) Regulations 2006
Select Legislative Instrument No. 14, 2006
made under the
National Transport Commission Act 2003
Compilation No. 1
Compilation date: 5 March 2016
Includes amendments up to: F2016L00170
Registered: 5 July 2016
About this compilation
This compilation
This is a compilation of the National Transport Commission (Road Transport Legislation—Compliance and Enforcement Bill) Regulations 2006 that shows the text of the law as amended and in force on 5 March 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1............ Name of Regulations.................................................................................................... 1
2............ Commencement............................................................................................................ 1
3............ Road transport legislation—compliance and enforcement........................................... 1
Schedule 1—Text of the draft Road Transport Reform (Compliance and Enforcement) Bill 2003 2
Endnotes152
Endnote 1—About the endnotes 152
Endnote 2—Abbreviation key 153
Endnote 3—Legislation history 154
Endnote 4—Amendment history 155
1 Name of Regulations
These Regulations are the National Transport Commission (Road Transport Legislation—Compliance and Enforcement Bill) Regulations 2006.
2 Commencement
These Regulations commence on the day after they are registered.
3 Road transport legislation—compliance and enforcement
For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedule 1 sets out road transport legislation, in the form of a Bill for an Act, about compliance with, and enforcement of, road law.
Note 1: The road transport legislation set out in Schedule 1 does not have the force of law (see paragraph 7(2)(a) of the NTC Act).
Note 2: These Regulations must be made in accordance with the Agreement (see subparagraph 3(b)(ii) of the NTC Act).
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003.
Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003.
Note 5: The text set out in Schedule 1 is that of a draft Bill prepared for the former National Road Transport Commission and approved by the Australian Transport Council on 3 November 2003 (but never actually enacted). It has been reformatted somewhat but is otherwise unaltered.
Schedule 1—Text of the draft Road Transport Reform (Compliance and Enforcement) Bill 2003
(regulation 3)
Contents
Part 1—Preliminary 11
Division 1—Introductory 11
1............ Citation and purpose................................................................................................... 11
2............ Commencement.......................................................................................................... 11
3............ Objects of Act............................................................................................................. 11
4............ Binding the Crown...................................................................................................... 12
5............ Application of Act...................................................................................................... 12
Division 2—Interpretation and associated concepts 14
6............ Definitions.................................................................................................................. 14
7............ Application of Commonwealth Acts Interpretation Act............................................. 27
8............ Examples..................................................................................................................... 27
9............ Notes........................................................................................................................... 28
10.......... Roads and road‑related areas...................................................................................... 28
11.......... Operators..................................................................................................................... 28
12.......... Driver’s base............................................................................................................... 29
13.......... Associates................................................................................................................... 29
Part 2—Enforcement officers 30
14.......... Authorised officers..................................................................................................... 30
15.......... Exercise of powers by authorised officers.................................................................. 30
16.......... Exercise of powers by police officers......................................................................... 30
17.......... Delegation................................................................................................................... 31
18.......... Identification cards..................................................................................................... 31
19.......... Production of identification........................................................................................ 32
20.......... Return of identification cards..................................................................................... 32
21.......... Reciprocal powers of officers..................................................................................... 33
22.......... Authority may exercise powers of authorised officers............................................... 33
Part 3—General enforcement powers 34
Division 1—Preliminary 34
23.......... Meaning of qualified, fit or authorised to drive or run engine................................... 34
24.......... Meaning of unattended vehicle or combination and driver of disconnected trailer... 34
25.......... Meaning of broken down vehicle or combination...................................................... 35
26.......... Meaning of compliance purposes............................................................................... 35
Division 2—Directions to stop, move or leave vehicles or combinations 36
27.......... Application of Division.............................................................................................. 36
28.......... Direction to stop vehicle or combination: to enable exercise of other powers........... 36
29.......... Direction to move vehicle or combination: to enable exercise of other powers........ 37
30.......... Direction to move vehicle or combination: where danger or obstruction.................. 37
31.......... Direction to leave vehicle or combination.................................................................. 38
32.......... Manner of giving directions under this Division........................................................ 39
Division 3—Power to move unattended or broken down vehicles or combinations 40
33.......... Moving unattended vehicle or combination: to enable exercise of other powers...... 40
34.......... Moving unattended or broken down vehicle or combination: where danger or obstruction 40
35.......... Operator’s authorisation not required for driving under this Division....................... 41
Division 4—Powers of inspection and search 42
36.......... Power to inspect vehicle or combination on a road, public place or certain official premises.................................................................................................................................... 42
37.......... Power to search vehicle or combination on a road, public place or certain official premises 43
38.......... Power to inspect premises.......................................................................................... 45
39.......... Power to search premises............................................................................................ 46
40.......... Residential purposes................................................................................................... 49
Division 5—Directions to produce driver licence or give personal details 50
41.......... Direction to produce driver licence............................................................................ 50
42.......... Direction to give name and other personal details...................................................... 51
43.......... Manner of giving directions under this Division........................................................ 52
Division 6—Other directions 53
44.......... Direction to produce records, devices or other things................................................ 53
45.......... Direction to provide information................................................................................ 54
46.......... Direction to provide reasonable assistance for powers of inspection and search....... 55
47.......... Provisions relating to running engine......................................................................... 57
48.......... Manner of giving directions under this Division........................................................ 57
49.......... Directions to state when to be complied with............................................................. 58
Division 7—Warrants 59
50.......... Warrants...................................................................................................................... 59
Division 8—Other provisions regarding inspections and searches 60
51.......... Use of assistants and equipment................................................................................. 60
52.......... Use of equipment to examine or process things......................................................... 60
53.......... Use or seizure of electronic equipment...................................................................... 60
Division 9—Other provisions regarding seizure 62
54.......... Receipt for and access to seized material................................................................... 62
55.......... Embargo notices......................................................................................................... 62
Division 10—Miscellaneous 64
56.......... Power to use force against persons to be exercised only by police officers............... 64
57.......... Consent....................................................................................................................... 64
58.......... Directions may be given under more than one provision........................................... 64
59.......... Restoring vehicle, combination or premises to original condition after action taken 64
60.......... Self‑incrimination....................................................................................................... 65
61.......... Providing evidence to other authorities...................................................................... 66
62.......... Obstructing or hindering authorised officers or police officers.................................. 67
63.......... Impersonating authorised officers.............................................................................. 67
Part 4—Special provisions—mass, dimension and load restraint requirements 68
Division 1—Preliminary 68
64.......... Purpose and operation of this Part.............................................................................. 68
65.......... Determining whether a breach “involves” risk........................................................... 68
66.......... Meaning of “imminent” loss or shifting of load......................................................... 68
Division 2—Categorisation of breaches 69
Subdivision 1—Categories of breaches 69
67.......... Categories generally................................................................................................... 69
68.......... Minor risk breaches.................................................................................................... 69
69.......... Substantial risk breaches............................................................................................. 69
70.......... Severe risk breaches................................................................................................... 70
Subdivision 2—Lower limits (for substantial or severe risk breaches of mass or dimension requirements) 71
71.......... Lower limits—mass breaches..................................................................................... 71
72.......... Lower limits—width breaches: projection of load..................................................... 71
73.......... Lower limits—width breaches: overall width of laden vehicle or combination........ 72
74.......... Lower limits—height breaches: laden vehicle or combination.................................. 73
75.......... Lower limits—overall length breaches: laden vehicle............................................... 73
Subdivision 3—Recategorisation of certain breaches 73
76.......... Lower limits—width breaches: recategorisation of certain breaches......................... 73
77.......... Lower limits—overall length breaches: recategorisation of certain breaches involving rear projections................................................................................................................... 74
78.......... Lower limits—dimension breaches: recategorisation of certain breaches involving dangerous projections................................................................................................................... 74
Subdivision 4—Miscellaneous 75
79.......... Regulations for increasing lower limits...................................................................... 75
80.......... Special categorisation of breaches of requirements relating to dangerous projections 75
81.......... Other provisions for categorisation to prevail............................................................ 75
Division 3—Enforcement powers 76
82.......... Minor risk breaches.................................................................................................... 76
83.......... Substantial risk breaches............................................................................................. 78
84.......... Severe risk breaches................................................................................................... 79
85.......... Authorisation to continue journey where only minor risk breaches........................... 81
86.......... Operation of directions in relation to combinations................................................... 82
87.......... Directions and authorisations to be in writing............................................................ 82
88.......... Application of Division in relation to other directions............................................... 82
Division 4—Reasonable steps defence 83
89.......... Reasonable steps defence........................................................................................... 83
90.......... Reasonable steps defence—reliance on container weight declaration....................... 84
Division 5—Liability for breaches of mass, dimension or load restraint requirements 85
91.......... Liability of consignor................................................................................................. 85
92.......... Liability of packer....................................................................................................... 85
93.......... Liability of loader....................................................................................................... 86
94.......... Liability of operator.................................................................................................... 86
95.......... Liability of driver........................................................................................................ 86
96.......... Liability of consignee................................................................................................. 86
Division 6—Sanctions 88
97.......... Matters to be taken into consideration by courts........................................................ 88
98.......... Default categorisation................................................................................................. 88
Division 7—Container weight declarations 90
99.......... Application of Division.............................................................................................. 90
100........ Meaning of “responsible entity”................................................................................. 90
101........ Container weight declarations.................................................................................... 90
102........ Complying container weight declarations.................................................................. 90
103........ Duty of responsible entity........................................................................................... 91
104........ Duty of operator.......................................................................................................... 91
105........ Duty of driver............................................................................................................. 92
106........ Liability of consignee—knowledge of matters relating to container weight declaration....... 92
Division 8—Recovery of losses resulting from non‑provision of or inaccurate container weight declarations 93
107........ Recovery of losses for non‑provision of container weight declaration...................... 93
108........ Recovery of losses for provision of inaccurate container weight declaration............ 93
109........ Recovery of amount by responsible entity................................................................. 94
110........ Assessment of monetary value or attributable amount............................................... 95
111........ Costs........................................................................................................................... 95
Division 9—Transport documentation 96
112........ False or misleading transport documentation: liability of consignor, packer, loader, receiver and others.................................................................................................................... 96
Division 10—Concessions 99
113........ Definitions.................................................................................................................. 99
114........ Offence of contravening condition............................................................................. 99
115........ Effect of contravening condition—prosecutions or other action................................ 99
116........ Operation of Division............................................................................................... 100
Part 5—General administrative sanctions 101
Division 1—Improvement notices 101
117........ Definition.................................................................................................................. 101
118........ Improvement notices................................................................................................ 101
119........ Contravention of improvement notice...................................................................... 102
120........ Amendment of improvement notices........................................................................ 102
121........ Cancellation of improvement notices....................................................................... 103
122........ Clearance certificates................................................................................................ 103
Division 2—Formal warnings 104
123........ Formal warnings....................................................................................................... 104
124........ Withdrawal of formal warnings................................................................................ 104
Division 3—Infringement notices 105
125........ Infringement notices................................................................................................. 105
126........ Infringement penalty................................................................................................. 105
Part 6—General court‑based sanctions 106
Division 1—Proceedings for offences 106
127........ Proceedings for offences........................................................................................... 106
128........ Period within which proceedings for offences may be commenced........................ 106
Division 2—Available sanctions 107
129........ Penalties imposed by courts...................................................................................... 107
Division 3—Fines 108
130........ Penalty levels: offences referred to in Schedule 1.................................................... 108
131........ Penalty levels: offences referred to in Schedule 2 (mass, dimension and load restraint requirements)............................................................................................................ 108
132........ Provisions relating to first offences and second or subsequent offences.................. 109
Division 4—Commercial benefits penalty orders 111
133........ Commercial benefits penalty orders......................................................................... 111
Division 5—Licensing and registration sanctions 112
134........ Power to affect driver licence................................................................................... 112
135........ Power to affect vehicle registration.......................................................................... 112
Division 6—Supervisory intervention orders 114
136........ Supervisory intervention orders................................................................................ 114
137........ Contravention of supervisory intervention order...................................................... 115
Division 7—Prohibition orders 116
138........ Prohibition orders..................................................................................................... 116
139........ Contravention of prohibition order........................................................................... 116
Part 7—General compensation orders 117
140........ Compensation orders for damage to road infrastructure.......................................... 117
141........ Assessment of compensation.................................................................................... 117
142........ Service of certificates............................................................................................... 118
143........ Limits on amount of compensation.......................................................................... 118
144........ Costs......................................................................................................................... 118
145........ Enforcement of compensation order and costs......................................................... 119
146........ Relationship with orders or awards of other courts and tribunals............................ 119
Part 8—General liability and evidentiary provisions 120
Division 1—Basis of liability for road law offences 120
147........ Multiple offenders.................................................................................................... 120
148........ Double jeopardy........................................................................................................ 120
149........ Liability of directors, partners, employers and others for offences by bodies corporate, partnerships, associations and employees................................................................. 120
150........ Liability of registered operators................................................................................ 121
151........ Complicity and common purpose (aiding and abetting)........................................... 122
152........ Causing or permitting............................................................................................... 123
153........ Coercing, inducing or offering incentive.................................................................. 123
Division 2—General defences 124
154........ Sudden or extraordinary emergency......................................................................... 124
155........ Lawful authority....................................................................................................... 124
156........ Other defences.......................................................................................................... 124
Division 3—Special defences 125
157........ Meaning of “deficiency concerning a vehicle or combination”............................... 125
158........ Special defence for owners or operators................................................................... 125
159........ Special defence for drivers....................................................................................... 125
160........ Special defence of compliance with direction.......................................................... 126
Division 4—General evidentiary provisions 127
161........ Vicarious responsibility............................................................................................ 127
162........ Averments................................................................................................................. 127
163........ Certificate evidence.................................................................................................. 128
164........ Evidence regarding measuring and weighing........................................................... 131
165........ Evidence regarding weighing................................................................................... 131
166........ Evidence regarding manufacturer’s ratings.............................................................. 131
167........ Evidence not affected by nature of vehicle or combination..................................... 132
168........ Proof of appointments and signatures unnecessary.................................................. 132
169........ Transport documentation and journey documentation............................................. 132
Part 9—Miscellaneous 133
Division 1—Indemnities 133
170........ Indemnity for authorised officers............................................................................. 133
171........ Indemnity for persons authorised by authorised officers......................................... 134
172........ Indemnity for persons authorised by police officers................................................ 135
173........ Indemnity not affected by certain matters................................................................ 135
174........ Other indemnities not affected.................................................................................. 135
Division 2—Mutual recognition 136
175........ Effect of administrative actions of authorities of other jurisdictions....................... 136
176........ Effect of court orders of other jurisdictions.............................................................. 136
Division 3—General 138
177........ Other powers not affected......................................................................................... 138
178........ Guidelines for industry codes of practice................................................................. 138
179........ Registration of industry codes of practice................................................................ 138
180........ Declared zones and routes........................................................................................ 138
181........ Dismissal or other victimisation of employee or contractor assisting with or reporting breaches.................................................................................................................... 139
182........ Confidentiality.......................................................................................................... 140
183........ False or misleading statements or records provided to Authority or officials.......... 141
184........ False or misleading information provided to responsible persons........................... 142
185........ Amendment or revocation of directions or conditions............................................. 143
186........ Review of decisions.................................................................................................. 143
187........ Contracting out prohibited........................................................................................ 143
188........ Authority may provide information to corresponding Authorities........................... 144
189........ Regulations............................................................................................................... 144
Schedule 1—Penalty levels for certain offences—infringement penalties and maximum penalties 145
Schedule 2—Penalty levels for certain offences relating to mass, dimension or load restraint requirements 148
Introductory note from the National Road Transport Commission
This Bill is intended to provide a model, nationally consistent and best practice legislative scheme to improve compliance with and enforcement of the road transport laws.
Because the State, Territory and Commonwealth compliance frameworks for heavy vehicles need to be consistent not only with a national heavy vehicle compliance framework, but also with their own wider legal compliance contexts, the Bill has not been tailored as template legislation for uniform application throughout Australia. Instead, the provisions are in model form to allow for implementation in each jurisdiction using the most convenient and effective regulatory manner available.
‘Essential’ vs ‘desirable’ classification
Also, some aspects of the Bill have been classified as desirable only, rather than essential, for nationally consistent outcomes. Those classified desirable are considered valuable components of the proposed national best practice legislative compliance and enforcement scheme, but are not regarded as critical for nationally consistent outcomes. This classification allows flexibility for any jurisdiction that cannot implement a desirable only component, while identifying those aspects that are essential for implementation in every jurisdiction.
The following are the proposed ‘desirable only’ components of the Bill:
· Absolute liability, wherever an offence is specified to be an offence of absolute liability. Where a jurisdiction is unable to implement absolute liability, strict liability is the proposed alternative standard.
· Reasonable steps defence.
· Provisions for the limited abrogation of the privilege against self‑incrimination.
· Formal warning.
· Minimum fine for a second or subsequent mass, dimension or load restraint offence.
· Commercial benefits penalty.
· Supervisory intervention order.
· Restriction of an order affecting a vehicle registration or heavy vehicle licence in respect of a mass, dimension or load restraint offence to a severe risk offence.
· Prohibition order.
In addition, it is not essential to nationally consistent outcomes that the use of infringement penalties for mass, dimension and load restraint requirements be limited to minor risk breaches and substantial risk breaches only.
Note: These provisions are intended to be adapted for use in each jurisdiction according to local requirements and local law.
While this document is in the form of a Bill for ease of reference, these model provisions may need to be incorporated into the law of a jurisdiction by way of amendment of existing legislation. The provisions may need to be adapted to conform to local legislation and legislative practice, and to local legal and policy requirements.
The contents of the Bill do not necessarily reflect the views of any government.
A Bill for an Act to make provision for compliance with, and enforcement of, certain laws that form part of the system of nationally consistent road transport laws
Enacting formula
Part 1—Preliminary
Division 1—Introductory
1 Citation and purpose
(1) This Act may be cited as the Road Transport Reform (Compliance and Enforcement) Act 2003.
(2) The purpose of this Act is to make provision for compliance with, and enforcement of, certain laws that form part of the system of nationally consistent road transport laws.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Drafting note: Commencement of the legislation in a jurisdiction will be as determined by the jurisdiction.
3 Objects of Act
(1) The general objects of this Act are:
(a) to improve road transport safety; and
(b) to minimise adverse impacts of road transport on roads, bridges and road infrastructure; and
(c) to minimise adverse impacts of road transport on the environment; and
(d) to minimise adverse impacts of road transport on the community; and
(e) to promote effective and efficient observance of requirements of road transport law.
(2) The particular objects of this Act are:
(a) to provide a system that encourages effective and efficient compliance with requirements of road transport law; and
(b) to provide a system that:
(i) promotes improved outcomes for road safety, the environment, road infrastructure and traffic management; and
(ii) reduces unfair competitive advantage;
through improved compliance with and accountability for requirements of road transport law; and
(c) to provide an effective, efficient and equitable scheme for the enforcement of requirements of road transport law; and
(d) to recognise a chain of responsibility of parties who have a role in the transport of goods or passengers by road and to make the parties accountable for their acts and omissions; and
(e) to confer powers to promote safety in the use of vehicles in road transport.
(3) It is the intention of Parliament that the objects of this Act will be achieved in the context of nationally consistent road transport laws, and in particular in the context of nationally consistent compliance and enforcement laws, having regard to regional differences.
4 Binding the Crown
This Act binds the Crown in right of this jurisdiction and, in so far as the legislative power of the Parliament of this jurisdiction permits, the Crown in all its other capacities.
Note: Commonwealth legislation could contain the following provisions:
(1) It is intended that a corresponding law of a State or of the Northern Territory will bind the Crown in all its capacities.
(2) For that purpose, a corresponding law of a State or of the Northern Territory may bind the Crown in right of the Commonwealth.
5 Application of Act
(1) This Act contains provisions relating to compliance with and enforcement of certain Australian road laws in this jurisdiction, so far as those laws relate to heavy vehicles or heavy combinations or both.
Drafting note: The Bill in its current form applies to heavy vehicles and heavy combinations. It could, at a later time, be extended to light vehicles. Some jurisdictions may choose to apply some or all of the provisions to light vehicles, rather than have different legal regimes.
(2) Accordingly, in this Act (except in the provisions referred to in subsection (3)) references to vehicles or combinations are taken to be references to heavy vehicles or heavy combinations.
(3) The excepted provisions are as follows:
(a) the definitions of garage address, motor vehicle and trailer in section 6 (Definitions);
(b) section 162 (Averments);
(c) section 163 (Certificate evidence);
(d) section 167 (Evidence not affected by nature of vehicle or combination);
(e) section 173 (Indemnity not affected by certain matters);
(f) provisions specified in regulations made for the purposes of this subsection.
(4) References in this Act to a vehicle include a heavy vehicle that forms part of a combination of heavy vehicles and light vehicles.
Drafting note: Subclause (3)(f) may be omitted if all provisions are identified in other paragraphs of the subclause.
Division 2—Interpretation and associated concepts
6 Definitions
(1) In this Act, unless the contrary intention appears:
approved road transport compliance scheme means a scheme, agreement or arrangement that:
(a) is prescribed by the regulations; or
(b) is identified by, or is of a class identified by, the regulations;
and that makes provision for compliance with and enforcement of any Australian road laws, including (for example) a scheme, agreement or arrangement that provides for:
(c) a system of accreditation‑based compliance; or
(d) an intelligent transport system; or
(e) a system applying alternative legal entitlements to those otherwise applicable, such as one based on performance‑based standards.
Australian Authority means the Authority or a corresponding Authority.
Australian police officer means:
(a) a police officer; or
(b) a member (however described) of the police force or police service of another jurisdiction.
Australian road law means a road law or a corresponding road law.
Australian road law offence means an offence against an Australian road law.
authorised officer means a person appointed as an authorised officer, or of a class of persons appointed as authorised officers, under section 14 (Authorised officers).
Authority means [name or description of the local registration authority or other appropriate authority].
base of a driver—see section 12 (Driver’s base).
body corporate includes the Crown in any capacity and any body or entity that is not an individual.
capabilities of a vehicle means the functional capabilities of the vehicle or any of its components, as determined by the vehicle’s manufacturer or by an Australian Authority, and includes:
(a) its GCM and GVM; and
(b) its speed capabilities.
combination means a group consisting of a motor vehicle connected to one or more other vehicles.
commercial benefits penalty order means an order under Division 4 of Part 6.
compensation order means an order under Part 7.
condition includes a restriction.
conduct means an act, an omission to perform an act or a state of affairs.
consignee of goods means a person who:
(a) with the person’s authority, is named or otherwise identified as the intended consignee of the goods in the transport documentation relating to the transport of the goods by road; or
(b) actually receives the goods after completion of their transport by road;
but does not include a person who merely unloads the goods.
consignor of goods means a person who:
(a) with the person’s authority, is named or otherwise identified as the consignor of the goods in the transport documentation relating to the transport of the goods by road; or
(b) if paragraph (a) does not apply to the person or anyone else:
(i) engages an operator of a vehicle or combination, either directly or indirectly or through an agent or other intermediary, to transport the goods by road; or
(ii) has possession of, or control over, the goods immediately before the goods are transported by road; or
(iii) loads a vehicle with the goods, for transport by road, at a place where goods in bulk are stored or temporarily held and that is unattended (except by a driver of the vehicle, a trainee driver or any person necessary for the normal operation of the vehicle) during loading; or
(c) if paragraphs (a) and (b) do not apply to the person or anyone else, and the goods are imported into Australia—imports the goods.
container weight declaration means a declaration referred to in Division 7 of Part 4, and includes a copy of such a declaration or a version of such a declaration in electronic or other form.
contravene includes fail to comply with.
corresponding Authority means:
(a) the Authority as defined in a corresponding road law (except in the case of a jurisdiction for which a person is prescribed under paragraph (b)); or
(b) a person prescribed by the regulations as the corresponding Authority for another jurisdiction for the purposes of this Act.
corresponding law means:
(a) a law of another jurisdiction corresponding, or substantially corresponding, to this Act; or
(b) a law of another jurisdiction that is declared under the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act.
corresponding road law means a road law as defined in a corresponding law.
declared route means a road, or a part of a road, declared under section 180 (Declared zones and routes) to be a declared route for the purposes of this Act.
declared zone means a zone declared under section 180 (Declared zones and routes) to be a declared zone for the purposes of this Act.
depot includes a base of operations.
dimension requirement means a requirement of an Australian road law that relates to the dimensions of a vehicle or combination or a load or component of a vehicle or combination, including (for example):
(a) the dimensions of a vehicle or combination, disregarding its load (if any); or
(b) the dimensions of a vehicle or combination including its load; or
(c) the dimensions of the load on a vehicle or combination; or
(d) the internal measurements of a vehicle or combination, including (for example) the distance between:
(i) components of a vehicle or combination; or
(ii) vehicles in a combination; or
(iii) a vehicle in a combination and a component of another vehicle in the combination.
drive includes to be in control of a vehicle or combination.
driver of a vehicle or combination includes:
(a) a two‑up driver of the vehicle or combination who is present in or near the vehicle or combination; and
(b) a person who is driving the vehicle or combination as a driver under instruction or under an appropriate learner licence or learner permit.
driver licence means:
(a) a driver licence [or learner permit] issued under a road law and that is current; or
(b) a licence or permit to drive a motor vehicle issued elsewhere, while a road law exempts the holder of the licence or permit from holding a driver licence issued under that road law; or
(c) a licence, permit or other document of a kind prescribed by the regulations.
employee means an individual who works under a contract of employment, apprenticeship or training.
employer means a person who employs persons under:
(a) contracts of employment, apprenticeship or training; or
(b) contracts for services.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
equipment, in relation to a vehicle or combination, includes tools, devices and accessories in or on the vehicle or combination.
extract from a record, device or other thing else means a copy of any information contained in the record, device or other thing.
formal warning means a warning under Division 2 of Part 5.
freight container means:
(a) a re‑usable container of the kind mentioned in Australian/New Zealand Standard AS/NZS 3711.1:2000, Freight containers—Classification, dimensions and ratings, that is designed for repeated use for the transport of goods by one or more modes of transport; or
(b) a re‑usable container of the same or a similar design and construction to a container referred to in paragraph (a) though of different dimensions; or
(c) a container of a kind prescribed by the regulations;
but does not include anything declared by the regulations to be excluded from this definition.
garage address of a vehicle means:
(a) in the case of a heavy vehicle that is normally kept at a depot when not in use—the principal depot of the vehicle; or
(b) in the case of a heavy vehicle that is not normally kept at a depot when not in use:
(i) where the vehicle has only one registered operator—the home address of the registered operator; or
(ii) where the vehicle has more than one registered operator—each of the home addresses of the registered operators; or
(c) in the case of a vehicle that is not a heavy vehicle—the place nominated by the applicant for registration of the vehicle as the place where the vehicle is normally kept.
Drafting note: It may be that paragraph (c) is not needed at this stage, given the current application of the Bill to heavy vehicles and heavy combinations.
GCM (gross combination mass) of a vehicle means the greatest possible sum of the maximum loaded mass of the vehicle and of any vehicles that may be towed by it at the one time:
(a) as specified by the vehicle’s manufacturer on an identification plate on the vehicle; or
(b) as specified by the Authority if:
(i) a sum is not specified by the vehicle’s manufacturer on an identification plate on the vehicle; or
(ii) a sum so specified on an identification plate is no longer appropriate because the vehicle has been modified.
Drafting note: This refers to the vehicle’s “rating” as specified by the manufacturer (or by the Authority in default). It does not refer to the “legal entitlements” of the vehicle, nor its actual mass as measured. It is assumed that, in the case of an SPV (special purpose vehicle) and a passenger‑carrying vehicle for which the manufacturer does not specify a GCM, the Authority will assign a GCM. Similar considerations apply to the definition of GVM.
goods includes:
(a) animals (whether alive or dead); and
(b) a container (whether empty or not);
but does not include:
(c) people; or
(d) fuel, water, lubricants and equipment required for the normal operation of the vehicle or combination in which they are carried.
GVM (gross vehicle mass) of a vehicle means the maximum loaded mass of the vehicle:
(a) as specified by the vehicle’s manufacturer on an identification plate on the vehicle; or
(b) as specified by the Authority if:
(i) a mass is not specified by the vehicle’s manufacturer on an identification plate on the vehicle; or
(ii) a mass so specified on an identification plate is no longer appropriate because the vehicle has been modified.
heavy combination means a combination that includes a heavy vehicle.
heavy vehicle means a motor vehicle or trailer that has a GVM greater than 4.5 tonnes, and includes:
(a) a special purpose vehicle that has such a GVM; and
(b) a passenger‑carrying vehicle that has such a GVM.
home address of a person means:
(a) in the case of an individual—the person’s residential address or place of abode in Australia; or
(b) in the case of a body corporate that has a registered office in Australia—the address of the registered office; or
(c) in any other case—the address of the person’s principal or only place of business in Australia.
improvement notice means a notice under Division 1 of Part 5.
industry code of practice—see section 178 (Guidelines for industry codes of practice) and the definition of registered industry code of practice in this section.
infringement notice means a notice under Division 3 of Part 5.
intelligent transport system means a system involving the use of electronic or other technology (whether located in or on a vehicle or combination, or on or near a road, or elsewhere) that has the capacity and capability to monitor, collect, store, display, analyse, transmit or report information relating to:
(a) a vehicle or combination or its equipment or load, the driver of a vehicle or combination, the operator of a fleet of vehicles or combinations or another person involved in road transport; and
(b) without limiting the above, the operation of a vehicle or combination in relation to its legal entitlements.
journey documentation means any documentation (other than transport documentation) directly or indirectly associated with:
(a) the actual or proposed physical transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or
(b) goods or passengers themselves so far as the documentation is relevant to their actual or proposed physical transport;
whether the documentation is in paper, electronic or any other form, and whether or not the documentation has been transmitted physically, electronically or in any other manner, and whether or not the documentation relates to a particular journey or to journeys generally, and includes (for example) any of the following:
(c) records kept, used or obtained by a responsible person in connection with the transport of the goods or passengers;
(d) workshop, maintenance and repair records relating to a vehicle or combination used, or claimed to be used, for the transport of the goods or passengers;
(e) a subcontractor’s payment advice relating to the goods or passengers or the transport of the goods or passengers;
(f) records kept, used or obtained by the driver of the vehicle or combination used, or claimed to be used, for the transport of the goods or passengers, including (for example) a driver’s run sheet, a log book entry, a fuel docket or receipt, a food receipt, a tollway receipt, pay records and mobile or other phone records;
(g) information reported through the use of an intelligent transport system;
(h) driver manuals and instruction sheets;
(i) advice in any form from check weighing performed before, during or after a journey.
jurisdiction means the Commonwealth or a State or Territory.
legal entitlements of a vehicle or combination (or component of a vehicle or combination) means the particulars of the entitlements, conferred by or under an Australian road law, that authorise the vehicle or combination (or component) to be operated on a road, and includes:
(a) any entitlements arising under or as affected by a permit, 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); and
(c) any entitlements arising under or as affected by an approved road transport compliance scheme.
legislatively specified mass limit means:
(a) a mass limit specified in a road law or in another law of this jurisdiction; or
(b) a mass limit specified in writing under the authority of a road law or of another law of this jurisdiction; or
(c) a mass limit indicated by a sign erected or displayed under the authority of a road law or of another law of this jurisdiction.
load of a vehicle or combination, or in or on a vehicle or combination, means:
(a) all the goods, passengers and drivers in or on the vehicle or combination; and
(b) all fuel, water, lubricants and readily removable equipment carried in or on the vehicle or combination and required for its normal operation; and
(c) personal items used by a driver of the vehicle or combination; and
(d) anything that is normally removed from the vehicle or combination when not in use;
and includes a part of a load as so defined.
load restraint requirement means a requirement of an Australian road law that relates to the restraint or positioning of a load or any part of a load on a vehicle or combination.
loader means a person who:
(a) loads a vehicle or combination with goods for transport by road; or
(b) loads a vehicle or combination with a freight container (whether or not containing goods) for transport by road; or
(c) without limiting the above, loads a freight container already in or on a vehicle or combination with goods for transport by road; or
(d) supervises an activity mentioned in paragraph (a), (b) or (c); or
(e) manages or controls an activity mentioned in paragraph (a), (b), (c) or (d).
mass requirement means a requirement of an Australian road law that relates to the mass of a vehicle or combination or the mass of or on any component of a vehicle or combination, and includes:
(a) a requirement of an Australian road law concerning mass limits relating to:
(i) the tare mass of a vehicle or combination (that is, the actual mass of the vehicle or combination excluding any load in or on the vehicle or combination); or
(ii) the gross mass of a vehicle or combination (that is, the unladen mass of the vehicle or combination together with any load in or on the vehicle or combination); or
(iii) the mass of the load in or on a vehicle or combination; or
(iv) the mass on a tyre, an axle or an axle group of the vehicle or combination; and
(b) a requirement of an Australian road law concerning mass limits relating to axle spacing; and
(c) mass limits set out on signs erected or displayed under an Australian road law (for example, a sign‑posted bridge limit).
motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle, but does not include:
(a) a railway, tram or light rail vehicle while being used on a railway, tramway or light railway track; or
(b) anything declared by the regulations to be excluded from this definition.
night means the period between sunset on one day and sunrise on the next day.
operator—see section 11 (Operators).
owner:
(a) in relation to a vehicle (including a vehicle in a combination)—means a person who:
(i) is the sole owner, a joint owner or a part owner of the vehicle; or
(ii) has possession or use of the vehicle under a credit, hire‑purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else; or
(b) in relation to a combination—means a person who:
(i) is the sole owner, a joint owner or a part owner of the towing vehicle in the combination; or
(ii) has possession or use of the towing vehicle in the combination under a credit, hire‑purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else.
package of goods means the complete product of the packing of the goods for transport by road, consisting of the goods and their packaging.
packaging of goods means the container (including a freight container) in which the goods are received or held for transport by road, and includes anything that enables the container to receive or hold the goods or to be closed.
packer of goods means a person who:
(a) puts the goods in a packaging for transport by road; or
(b) assembles the goods as packaged goods in an outer packaging or unit load for transport by road; or
(c) supervises an activity mentioned in paragraph (a) or (b); or
(d) manages or controls an activity mentioned in paragraph (a), (b) or (c).
passenger, in relation to a vehicle or combination, does not include a driver of the vehicle or combination or any person necessary for the normal operation of the vehicle or combination.
passenger‑carrying vehicle means a vehicle where the primary purpose for which it was built, or permanently modified, was the carriage of passengers.
police officer means
Drafting note: Each jurisdiction to insert a suitable definition, eg a member of the police force (or police service) of this jurisdiction. There may be a need to check the status of special constables in each jurisdiction.
premises includes any structure, building, vessel or place (whether built on or not), and any part of any such structure, building, vessel or place.
prohibition order means an order under Division 7 of Part 6.
public authority means:
(a) the Crown in any capacity; or
(b) a body established by or under law, or the holder of an office established by or under law, for a public purpose, including a local government authority; or
(c) a police force or police service.
public place includes a place:
(a) of public resort open to or used by the public as of right; or
(b) for the time being:
(i) used for a public purpose; or
(ii) open to access by the public;
whether on payment or otherwise; or
(c) open to access by the public by the express or tacit consent or sufferance of the owner of that place, whether the place is or is not always open to the public;
but does not include:
(d) a track that at the material time is being used as a course for racing or testing motor vehicles and from which other traffic is excluded during that use; or
(e) a road; or
(f) a place declared by the regulations not to be a public place.
public safety means the safety of persons or property, including the safety of:
(a) the drivers of and passengers in vehicles and combinations; and
(b) persons in or in the vicinity of (or likely to be in or in the vicinity of) roads, road infrastructure and public places; and
(c) vehicles and combinations and any loads in or on them.
records means any documents, documentation or records, whether in paper, electronic or any other form.
registered industry code of practice means an industry code of practice that is registered by an Australian Authority under section 179 (Registration of industry codes of practice) or under a corresponding road law.
registered operator:
(a) in relation to a vehicle (including a vehicle in a combination)—means the person recorded by an Australian Authority on a register maintained in accordance with an Australian road law as the person responsible for the vehicle; or
(b) in relation to a combination—means the person recorded by an Australian Authority on a register maintained in accordance with an Australian road law as the person responsible for the towing vehicle in the combination.
registration of a vehicle means registration of the vehicle under an Australian road law.
regulations means regulations under this Act.
responsible entity in relation to a freight container—see section 100 (Meaning of “responsible entity”).
responsible person means any 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 or combination or of a vehicle in a combination;
(b) a driver of a vehicle or combination;
(c) an operator or registered operator of a vehicle or combination;
(d) a person in charge or apparently in charge of a vehicle or combination;
(e) a person in charge or apparently in charge of the garage address of a vehicle or combination or the base of the driver or drivers of a vehicle or combination;
(f) a person appointed under an approved road transport compliance scheme to have monitoring or other responsibilities under the scheme, including (for example) responsibilities for certifying, monitoring or approving vehicles or combinations under the scheme;
(g) an operator of an intelligent transport system;
(h) a person in charge of premises entered by an authorised officer or police officer under this Act;
(i) a person who consigns goods for transport by road;
(j) a person who packs goods in a freight container or other container or in a package or on a pallet for transport by road;
(k) a person who loads goods or a container on a vehicle or combination for transport by road;
(l) a person who unloads goods or a container containing goods consigned for transport by road;
(m) a person to whom goods are consigned for transport by road;
(n) a person who receives goods packed outside Australia in a freight container or other container or on a pallet for transport by road in Australia;
(o) an owner or operator of a weighbridge, or weighing facility, used to weigh vehicles or combinations or an occupier of premises where such a weighbridge or weighing facility is located;
(p) a responsible entity for a freight container;
(q) a person who controls or directly influences the loading or operation of a vehicle or combination;
(r) an agent, employer, employee or subcontractor of any person referred to in the preceding paragraphs of this definition.
road—see section 10 (Roads and road‑related areas).
road authority means:
(a) a public authority that is responsible for the care, control or management of roads; or
(b) any person or body (whether or not a public authority) prescribed by the regulations for the purposes of this definition, in relation to specified roads or specified classes of roads.
road infrastructure includes:
(a) a road, including its surface or pavement; and
(b) anything under or supporting a road or its surface or pavement and maintained by a road authority; and
(c) any bridge, tunnel, causeway, road‑ferry, ford or other work or structure forming part of a road system or supporting a road; and
(d) any bridge or other work or structure located above, in or on a road and maintained by a road authority; and
(e) any traffic control devices, railway or tramway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything referred to in paragraphs (a) – (d); and
(f) anything declared by the regulations to be included in this definition;
but does not include anything declared by the regulations to be excluded from this definition.
road law [Each State/Territory will need to identify its laws (Acts and subordinate legislation) for this purpose.]
Drafting note: It is intended that the road laws covered by the Bill will cover laws that involve or relate to heavy vehicles and heavy combinations, including:
· This Act and regulations under it.
· Jurisdictional laws giving effect to the Road Transport Reform (Vehicles and Traffic) Act 1993 and regulations under it.
· Jurisdictional laws giving effect to the Road Transport Reform (Heavy Vehicles Registration) Act 1997 and regulations under it.
· Jurisdictional laws giving effect to the National Driver Licensing Scheme Policy 1998 and regulations under it.
· Jurisdictional laws giving effect to the Speeding Heavy Vehicles Regulations.
· Jurisdictional laws giving effect to the Road Transport Charges (Australian Capital Territory) Act 1993.
It is currently intended that the road laws covered by the Bill will exclude the Australian Road Rules and the Dangerous Goods legislation.
road law offence means an offence against a road law.
road‑related area—see section 10 (Roads and road‑related areas).
road transport or transport by road means the transport of goods or passengers by road by means of a vehicle or combination.
run the engine of a vehicle or combination includes to start or stop the engine.
special purpose vehicle means:
(a) a vehicle (other than one that the regulations under [the relevant Act of the jurisdiction] declared not to be a special purpose vehicle for the purposes of the definition of special purpose vehicle in that Act) where the primary purpose for which it was built, or permanently modified, was not the carriage of goods or passengers; or
(b) a vehicle declared by those regulations to be a special purpose vehicle for the purposes of that definition.
Drafting note: Alternatively, this definition could refer to the definition of special purpose vehicle in the relevant Act of the enacting jurisdiction.
specifications of a vehicle means the physical dimensions and other physical attributes of the vehicle and its fittings.
supervisory intervention order means an order under Division 6 of Part 6.
this jurisdiction means [name of State or Territory or the Commonwealth].
traffic includes vehicular traffic, pedestrian traffic and all other forms of road traffic.
trailer means a vehicle that:
(a) is built to be towed, or is towed, by a motor vehicle; and
(b) is not capable of being propelled in the course of normal use on roads without being towed by a motor vehicle;
whether or not its movement is aided by some other power source, but does not include:
(c) a motor vehicle being towed; or
(d) anything declared by the regulations to be excluded from this definition.
transport documentation means:
(a) any contractual documentation directly or indirectly associated with:
(i) a transaction for or relating to the actual or proposed transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or
(ii) goods or passengers themselves so far as the documentation is relevant to their actual or proposed transport; or
(b) any associated documentation:
(i) contemplated in the contractual documentation; or
(ii) required by law, or customarily provided, in connection with the contractual documentation or with the transaction;
whether the documentation is in paper, electronic or any other form, and whether or not the documentation has been transmitted physically, electronically or in any other manner, and includes (for example) an invoice, vendor declaration, delivery order, consignment note, load manifest, export receival advice, bill of lading, contract of carriage, sea carriage document, or container weight declaration, relating to the goods or passengers.
two‑up driver means a person accompanying a driver of a vehicle or combination on a journey or part of a journey, who has been, is or will be sharing the task of driving the vehicle or combination during the journey.
unit load means a load of packaged goods that are:
(a) wrapped in plastics, and strapped or otherwise secured to a pallet or other base and to each other, for transport; or
(b) placed together in a protective outer container (except a freight container) for transport; or
(c) secured together in a sling for transport.
vehicle includes a trailer.
(2) A reference in this Act to a mass, dimension or load restraint requirement is a reference to a mass requirement, a dimension requirement or a load restraint requirement.
7 Application of Commonwealth Acts Interpretation Act
(1) The provisions of the Acts Interpretation Act 1901 of the Commonwealth apply to the interpretation of this Act and regulations, except that:
(a) Gazette is to refer to the Government Gazette of this jurisdiction; and
(b) Minister is to refer to the responsible Minister of this jurisdiction.
(2) This section does not prevent the [interpretation legislation of this jurisdiction] from applying to the interpretation of this Act and the regulations to the extent that it can do so consistently with the application of the provisions of the Acts Interpretation Act 1901 of the Commonwealth.
(3) This section has effect subject to section 6 (Definitions).
8 Examples
(1) An example (however expressed) in this Act is part of this Act.
(2) If this Act includes an example (however expressed) of the operation of a provision of this Act:
(a) the example is not exhaustive; and
(b) the example does not limit, but may extend, the meaning of the provision.
9 Notes
A note in this Act is explanatory and is not part of this Act.
10 Roads and road‑related areas
(1) Each reference in this Act (except in this section) to a road includes a reference to a road‑related area.
(2) The expressions road and road‑related area have the same meanings as they have in the Australian Road Rules.
Drafting note: Some jurisdictions may need to refer to other legislation, or may prefer to set the meanings of these expressions out in full.
(3) A reference in this section to a road‑related area includes any other area that is declared, under another law of this jurisdiction, to be a road‑related area, so far as the declaration has effect for the purposes of this Act.
(4) However, a reference in this section to a road‑related area does not include any area that is:
(a) declared, under another law of this jurisdiction, not to be a road‑related area, so far as the declaration has effect for the purposes of this Act; or
(b) declared by the regulations not to be a road‑related area for the purposes of this Act.
171 Indemnity for persons authorised by authorised officers
Definition
(1) In this section:
protected person means a person who is authorised under this Act by an authorised officer to do or to omit to do something.
Indemnity
(2) A protected person does not incur civil liability for an act or omission done honestly and in good faith when acting under the authorisation.
Transfer of liability
(3) A liability that would, apart from subsection (2), attach to the protected person attaches instead to:
(a) the Authority, if the authorised officer concerned was at the relevant time subject to the control and direction of the Authority in connection with the exercise of the power with respect to which the authorisation was given to the protected person; or
(b) another Australian Authority, if the authorised officer concerned was at the relevant time subject to the control and direction of the other Australian Authority in connection with the exercise of the power with respect to which the authorisation was given to the protected person; or
(c) the officer’s employer, if the authorised officer concerned was at the relevant time:
(i) not subject to the control and direction of an Australian Authority in connection with the exercise of the power with respect to which the authorisation was given to the protected person; and
(ii) acting in the capacity of an employee of a person or body; or
(d) in any other case—the Crown in right of this jurisdiction.
Giving effect to transfer of liability under corresponding law
(4) If:
(a) a prescribed corresponding law of another jurisdiction provides that a liability that would, apart from a provision of that law, attach to a person who is a protected person within the meaning of that law, attaches instead to the Authority; and
(b) the authorised officer concerned of the other jurisdiction was at the relevant time subject to the control and direction of the Authority in connection with the exercise of the power concerned;
the liability accordingly attaches to the Authority by force of this section.
Note: Subsection (4) is intended to complement and give effect to a provision of a corresponding law that transfers liability to the Authority of this jurisdiction, but only where the corresponding law is prescribed by the regulations.
172 Indemnity for persons authorised by police officers
(1) In this section:
protected person means a person who is authorised under this Act by a police officer to do or to omit to do something.
(2) A protected person does not incur civil liability for an act or omission done honestly and in good faith when acting under the authorisation.
(3) A liability that would, apart from this section, attach to the protected person attaches instead to the Crown in right of this jurisdiction.
173 Indemnity not affected by certain matters
(1) An indemnity under this Division is not affected merely because a vehicle or combination was in fact not a heavy vehicle or heavy combination.
(2) An indemnity under this Division is not affected merely because a vehicle or combination was in fact not subject to a particular category of breach of a mass, dimension or load restraint requirement.
174 Other indemnities not affected
This Division does not affect any other indemnity provided under another law, if the other indemnity is not inconsistent with an indemnity provided under this Division.
Division 2—Mutual recognition
Drafting note: The enacted legislation will need to ensure that judicial and administrative actions in a jurisdiction receive appropriate recognition in other jurisdictions, and that officers and bodies of a jurisdiction have appropriate powers in other jurisdictions. This Division may need to be reviewed to ensure that it complements these provisions and provides a suitable scheme for mutual recognition of activities in other jurisdictions. Consideration may need to be given to the types of activities that require recognition, and how this recognition will be achieved.
175 Effect of administrative actions of authorities of other jurisdictions
(1) In this section:
administrative action means an action of an administrative nature, as in force from time to time.
administrative authority means:
(a) a corresponding Authority; or
(b) a person holding an office constituted by or under the law of another jurisdiction and prescribed by the regulations; or
(c) a body constituted by or under the law of another jurisdiction and prescribed by the regulations.
(2) An administrative action of an administrative authority under or in connection with a corresponding road law has the same effect in this jurisdiction as it has in the other jurisdiction.
(3) Nothing in this section gives an administrative action effect in this jurisdiction or in a particular place in this jurisdiction:
(a) in so far as the action is incapable of having effect in or in relation to this jurisdiction or that place; or
(b) if any terms of the action expressly provide that the action does not extend or apply to or in relation to this jurisdiction or that place; or
(c) if any terms of the action expressly provide that the action has effect only in the other jurisdiction or a specified place in the other jurisdiction.
(4) This section applies only to administrative actions of kinds prescribed by the regulations.
176 Effect of court orders of other jurisdictions
(1) In this section:
order means an order in any judicial or other proceedings, civil or criminal, as in force from time to time.
(2) An order of a court or tribunal of another jurisdiction under or in connection with a corresponding road law has the same effect in this jurisdiction as it has in the other jurisdiction.
(3) Nothing in this section gives an order effect in this jurisdiction or in a particular place in this jurisdiction:
(a) in so far as the order is incapable of having effect in or in relation to this jurisdiction or that place; or
(b) if any terms of the order expressly provide that the order does not extend or apply to or in relation to this jurisdiction or that place; or
(c) if any terms of the order expressly provide that the order has effect only in the other jurisdiction or a specified place in the other jurisdiction.
(4) This section applies only to orders of kinds prescribed by the regulations.
Division 3—General
177 Other powers not affected
(1) Except where expressly provided in this Act, nothing in this Act affects any power that a court, a tribunal, the Authority or an authorised officer or police officer has apart from this Act.
(2) Without limiting the above, nothing in this Act affects a power or obligation under another law to modify, suspend, cancel or otherwise deal with any licence or registration.
178 Guidelines for industry codes of practice
(1) The Authority may issue guidelines with respect to the preparation and contents of industry codes of practice, and may from time to time cancel, amend or replace the guidelines.
(2) The guidelines may make provision for or with respect to:
(a) the review of registered industry codes of practice; and
(b) the period for which registration under section 179 (Registration of industry codes of practice) of an industry code of practice remains in force (unless sooner revoked).
179 Registration of industry codes of practice
(1) The Authority may register industry codes of practice prepared in accordance with the guidelines in force under this Division.
(2) The Authority may revoke the registration of an industry code of practice.
(3) The Authority may register an industry code of practice unconditionally or subject to conditions specified in the instrument of registration.
(4) The Authority may attach new conditions to an existing registration, and may revoke or amend any conditions attached to a registration.
(5) Registration of an industry code of practice remains in force (unless sooner revoked) until the earlier of the following:
(a) the end of the period of currency (if any) specified in the instrument of registration; or
(b) the end of the period specified in the guidelines.
180 Declared zones and routes
The Minister may, by notice in the Gazette, declare:
(a) a specified area to be a declared zone for the purposes of this Act; or
(b) a specified road, or a specified part of a specified road, to be a declared route for the purposes of this Act.
181 Dismissal or other victimisation of employee or contractor assisting with or reporting breaches
(Cf Occupational Health and Safety Act 1985 (Vic) s 54; Occupational Health and Safety Act 2000 (NSW) s 23)
(1) An employer must not dismiss an employee or contractor, injure an employee or contractor in his or her employment or alter an employee’s or contractor’s position to his or her detriment because the employee or contractor:
(a) has assisted or has given any information to a public agency in respect of a breach or alleged breach of an Australian road law; or
(b) has made a complaint about a breach or alleged breach of an Australian road law to the employer, a fellow employee or fellow contractor, a trade union or a public agency.
(2) An employer or prospective employer must not refuse or deliberately omit to offer employment to a prospective employee or prospective contractor or treat a prospective employee or prospective contractor less favourably than another prospective employee or prospective contractor would be treated in relation to the terms on which employment is offered because the first‑mentioned prospective employee or contractor:
(a) has assisted or has given any information to a public agency in respect of a breach or alleged breach of an Australian road law; or
(b) has made a complaint about a breach or alleged breach of an Australian road law to a former employer, a former fellow employee or former fellow contractor, a trade union or a public agency.
(3) A person commits an offence if:
(a) the person engages in conduct that results in a contravention of subsection (1); and
(b) the person is an employer of the person concerned.
(4) A person commits an offence if:
(a) the person engages in conduct that results in a contravention of subsection (2); and
(b) the person is an employer or prospective employer of the person concerned.
(5) In proceedings for an offence under this section, if all the facts constituting the offence other than the reason for the defendant’s action are proved, the onus of proving that the defendant’s action was not actuated by the reason alleged in the charge lies on the defendant.
(6) If a person is found guilty of an offence under this section, the court may, in addition to imposing a penalty on the offender, make either or both of the following orders:
(a) an order that the offender pay within a specified period to the employee or contractor or to the prospective employee or prospective contractor such damages as it thinks fit by way of compensation;
(b) an order that:
(i) the employee or contractor be reinstated or re‑employed in the employee’s or contractor’s former position or (if that position is not available) in a similar position; or
(ii) the prospective employee or prospective contractor be employed in the position for which the prospective employee or prospective contractor had applied or (if that position is not available) in a similar position.
(7) The maximum amount of damages cannot exceed the monetary jurisdictional limit of the court in civil proceedings.
(8) An order for payment of damages is enforceable as if it were a judgment of the court sitting in civil proceedings.
(9) A person who fails to comply with an order for employment, reinstatement or re‑employment is guilty of an offence.
(10) A person commits an offence if:
(a) the person is subject to an order under subsection (6)(b); and
(b) the person engages in conduct that results in a contravention of the order.
(11) The offence under subsection (10) is an offence of strict liability.
(12) In this section:
contractor means an individual who works under a contract for services.
public agency means an Australian Authority, an Australian authorised officer, an Australian police officer or any other public authority of any jurisdiction.
182 Confidentiality
(1) This section applies to a person engaged or previously engaged in the administration of this Act and (without limiting the foregoing) to:
(a) a person who is or was a delegate of the Authority; or
(b) a person who is or was employed by, or engaged to provide services to or on behalf of, the Authority; or
(c) a person who is or was employed by, or engaged to provide services to, a person or body engaged to provide services to the Authority.
(2) A person to whom this section applies must not divulge or communicate information obtained (whether by that person or otherwise) in the administration of this Act except:
(a) as required or authorised by or under this or any other Act; or
(b) with the consent of the person from whom the information was obtained or to whom the information relates; or
(c) in connection with the administration of road laws; or
(d) to an Australian Authority, an Australian authorised officer or an Australian police officer; or
(e) to a prescribed public authority of any jurisdiction; or
(f) to a public authority of any jurisdiction for law enforcement purposes; or
(g) to a court or in connection with any legal proceedings; or
(h) in accordance with guidelines approved by the Minister.
(3) Information that has been disclosed under subsection (2) for a particular purpose must not be used for any other purpose by:
(a) the person to whom the information was disclosed; or
(b) any other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure.
(4) A person commits an offence if the person engages in conduct that results in a contravention of subsection (2) or (3).
(5) The offence is an offence of strict liability.
(6) Nothing in this section prevents information from being used:
(a) to assist a person in deciding whether or not to withdraw a formal warning for any offence; or
(b) to enable the Authority to accumulate aggregate data and to enable the Authority to authorise use of the aggregate data for the purposes of research or education.
Drafting note: It is assumed that jurisdictional privacy law will apply or be applied appropriately.
183 False or misleading statements or records provided to Authority or officials
(1) A person commits an offence if:
(a) the person makes a statement to the Authority or to an official who is exercising a power under a road law; and
(b) the person knows that the statement is false or misleading in a material particular.
(2) A person commits an offence if:
(a) the person makes a statement to the Authority or to an official who is exercising a power under a road law; and
(b) the statement is false or misleading in a material particular; and
(c) the person is reckless as to whether the statement is false or misleading in a material particular.
(3) A person commits an offence if:
(a) the person gives a record to the Authority or to an official who is exercising a power under a road law; and
(b) the person knows that the record is false or misleading in a material particular.
(4) A person is guilty of an offence if:
(a) the person gives a record to the Authority or to an official who is exercising a power under a road law; and
(b) the record is false or misleading in a material particular; and
(c) the person is reckless as to whether the record is false or misleading in a material particular.
(5) Subsection (3) does not apply if, at the time the person gave the record to the Authority or official, the person informed the Authority or official that the record was false or misleading in a material particular and specified in what respect it was false or misleading.
(6) The penalty for an offence under this section committed in relation to an official exercising a power under a road law is:
(a) if there is one offence under the provision of the road law under which the power is exercised—the penalty for that offence; or
(b) if there is more than one offence under that provision—the penalties for those offences if the penalties are the same, or the lower or lowest of the penalties if they are different; or
(c) if there is no offence under that provision—a penalty of $... [to be specified].
(7) In this section:
official means an authorised officer or police officer or a person who is assisting an authorised officer or police officer.
184 False or misleading information provided to responsible persons
(1) A person is (subject to subsection (4)) guilty of an offence if:
(a) the person is a responsible person and provides information to another responsible person; and
(b) the person does so knowing that the information is false or misleading in a material particular.
(2) A person is (subject to subsection (4)) guilty of an offence if:
(a) the person is a responsible person and provides information to another responsible person; and
(b) the information is false or misleading in a material particular; and
(c) the person does so recklessly as to whether the information is false or misleading in a material particular.
(3) Subsection (1) does not apply if, at the time the person gave the information to another responsible person in written form, the person informed the other responsible person that the information was false or misleading in a material particular and specified in what respect it was false or misleading.
(4) A person is not guilty of an offence under this section unless it is established that:
(a) the material particular in which the information is alleged to be false or misleading relates to an ingredient of another Australian road law offence that is or could be committed by the other or any other responsible person (the affected person), if the affected person relies or were to rely on the material particular contained in the information; and
(b) the affected person did not know and could not reasonably be expected to know or ascertain that the information was false or misleading in that particular.
(5) In this section:
information means information in any form, whether written or not.
185 Amendment or revocation of directions or conditions
(1) An authorised officer may amend or revoke a direction given, or conditions imposed, by an authorised officer under this Act.
(2) A police officer may amend or revoke a direction given, or conditions imposed, by a police officer under this Act.
186 Review of decisions
The regulations may provide a system for review of decisions made under this Act and identified in the regulations.
Note: Individual jurisdictions may prefer to enact statutory provisions for the review of decisions, including those relating to improvement notices and formal warnings. It is expected that review mechanisms will provide for the stay of decisions in appropriate cases.
187 Contracting out prohibited
A term of any contract or agreement that purports to exclude, limit or modify the operation of this Act or of any provision of this Act is void to the extent that it would otherwise have that effect.
188 Authority may provide information to corresponding Authorities
(1) The Authority may provide information to a corresponding Authority about:
(a) any action taken by the Authority under any road law; or
(b) any information obtained under this Act, including any information contained in any records, devices or other things inspected or seized under this Act.
(2) This section has effect subject to applicable privacy legislation.
(3) This section neither affects nor is affected by section 61 (Providing evidence to other authorities).
189 Regulations
(1) The [appropriate authority] may make regulations prescribing matters:
(a) required or permitted to be prescribed by this Act; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) In particular, the regulations may make provision for or with respect to the provision of specified information to specified public authorities about specified action taken under this Act.
(3) The regulations may incorporate or adopt by reference, with or without modifications, provisions of other legislation and other documents.
(4) The regulations may create offences and may specify the maximum pecuniary penalty that may be imposed in relation to any such offence.
(5) A court may impose on a person who is found guilty of an offence against the regulations:
(a) if a maximum penalty is specified in the regulations in relation to the offence—a penalty not exceeding that maximum penalty; or
(b) if a maximum penalty is not specified in the regulations in relation to the offence—a penalty not exceeding $.... [to be specified].
(6) The maximum penalty that may be specified in the regulations in relation to an offence against the regulations must not exceed $.... [to be specified].
Schedule 1—Penalty levels for certain offences—infringement penalties and maximum penalties
Note 1: The penalties in this Schedule are indicative values only.
Note 2: Court‑imposed maximum penalties for bodies corporate are 5 times those for individuals. (Sections 126 and 130)
| Column 1 | Column 2 | Column 3 |
| Offence | Infringement penalty | Court‑imposed penalty on individual |
| Section 20—failure to return identification card | $400 | Maximum $2,000 |
| Section 28—failure to comply with direction to stop or not move vehicle/combination or not interfere with vehicle/combination or load | $1,200 | Maximum $6,000 |
| Section 29—failure to comply with direction to move vehicle/combination | $1,200 | Maximum $6,000 |
| Section 30—failure to comply with direction to move vehicle/combination | $1,200 | Maximum $6,000 |
| Section 31—failure to comply with direction to vacate driver’s seat or leave or not enter vehicle/combination | $1,200 | Maximum $6,000 |
| Section 41—failure to comply with direction to produce driver licence | $800 | Maximum $4,000 |
| Section 42—failure to comply with direction to state name and other personal details or providing false details | $800 | Maximum $4,000 |
| Section 44—failure to comply with direction to produce records, devices or other things | $800 | Maximum $4,000 |
| Section 45(3)—failure to comply with direction to provide information about vehicle/combination, load or equipment | $800 | Maximum $4,000 |
| Section 45(4)—providing information under section 45(1) that is false or misleading | Infringement notice not available | Maximum $10,000 |
| Section 46—failure to comply with direction to provide reasonable assistance | $1,200 | Maximum $6,000 |
| Section 55(6)—doing or instructing another to do anything forbidden by embargo notice | Infringement notice not available | Maximum $8,000 |
| Section 55(8)—failing to prevent another from doing anything forbidden by embargo notice | Infringement notice not available | Maximum $8,000 |
| Section 62—obstructing authorised officer or police officer | Infringement notice not available | Maximum $8,000 |
| Section 63—impersonating authorised officer | Infringement notice not available | Maximum $10,000 |
| Section 103—failure by responsible entity to provide container weight declaration | $800 | Maximum $4,000 |
| Section 104—failure by operator to comply with duties relating to container weight declarations | $1,200 | Maximum $6,000 |
| Section 105—failure by driver to comply with duties relating to container weight declarations | $1,200 | Maximum $6,000 |
| Section 119—failure to comply with requirement of improvement notice | Infringement notice not available | Maximum $10,000 |
| Section 137—failure to comply with requirement of supervisory intervention order | Infringement notice not available | Maximum $10,000 |
| Section 139—failure to comply with prohibition contained in prohibition order | Infringement notice not available | Maximum $10,000 |
| Section 153—coercing, inducing or offering incentive | Infringement notice not available | Maximum $10,000 |
| Section 181—Dismissal or victimisation of employee or contractor assisting with or reporting breaches | Infringement notice not available | Maximum $10,000 |
| Section 182—unauthorised release of information | Infringement notice not available | Maximum $10,000 |
| Section 183—providing false or misleading information to Authority or officials | Infringement notice not available | Maximum $10,000 |
| Section 184—providing false or misleading information to responsible persons | Infringement notice not available | Maximum $10,000 |
Schedule 2—Penalty levels for certain offences relating to mass, dimension or load restraint requirements
Note: The penalties in this Schedule are indicative values only. (Sections 126 and 131)
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 |
| Offence | Infringement penalty | Court-imposed penalty on individual for first offence | Court-imposed penalty on individual for subsequent offence | Court-imposed penalty on body corporate for first offence | Court-imposed penalty on body corporate for subsequent offence |
| Section 82, 83 or 84—failure to comply with direction of officer or condition imposed by officer for minor, substantial or severe risk breaches of mass, dimension or load restraint requirements | $1,200 | Maximum $3,000 | Maximum $6,000; minimum $1,200 | Maximum $15,000 | Maximum $30,000; minimum $1,200 |
| Section 85—failure to comply with condition imposed by officer in authorisation to continue journey where only minor risk breaches | $1,200 | Maximum $3,000 | Maximum $6,000; minimum $1,200 | Maximum $15,000 | Maximum $30,000; minimum $1,200 |
| Minor risk breach of mass requirement (including sections 91(1), 92(1), 93, 94 and 95—liability of consignor, packer, loader, operator or driver) | $300 | Maximum $1,000 | Maximum $2,000; minimum $300 | Maximum $5,000 | Maximum $10,000; minimum $300 |
| Substantial risk breach of mass requirement (including sections 91(1), 92(1), 93, 94 and 95—liability of consignor, packer, loader, operator or driver) | $600 | Maximum $2,000 | Maximum $4,000; minimum $600 | Maximum $10,000 | Maximum $20,000; minimum $600 |
| Severe risk breach of mass requirement (including sections 91(1), 92(1), 93, 94 and 95—liability of consignor, packer, loader, operator or driver) | Infringement notice not available | Maximum $5,000 plus maximum of $500 for every additional 1% over 120% overload | Maximum $10,000 plus maximum of $1,000 for every additional 1% over 120% overload; minimum $2,000 plus minimum of $200 for every additional 1% over 120% overload | Maximum $25,000 plus maximum of $2,500 for every additional 1% over 120% overload | Maximum $50,000 plus maximum of $5,000 for every additional 1% over 20% overload; minimum $2,000 plus minimum of $200 for every additional 1% over 120% overload |
| Minor risk breach of dimension or load restraint requirement (including sections 91(1), 92(1), 93, 94 and 95—liability of consignor, packer, loader, operator or driver) | $250 | Maximum $750 | Maximum $1,500; minimum $250 | Maximum $3,750 | Maximum $7,500; minimum $250 |
| Substantial risk breach of dimension or load restraint requirement (including sections 91(1), 92(1), 93, 94 and 95—liability of consignor, packer, loader, operator or driver) | $500 | Maximum $1,500 | Maximum: $3,000; minimum $500 | Maximum $7,500 | Maximum: $15,000; minimum $500 |
| Severe risk breach of dimension or load restraint requirement (including sections 91(1), 92(1), 93, 94 and 95—liability of consignor, packer, loader, operator or driver) | Infringement notice not available | Maximum $5,000 | Maximum $10,000; minimum $2,000 | Maximum $25,000 | Maximum $50,000; minimum $2,000 |
| Sections 91(2) and 92(2)—exceeding maximum gross weight marked on freight container | Infringement notice not available | Maximum $5,000 | Maximum $10,000; minimum $2,000 | Maximum $25,000 | Maximum $50,000; minimum $2,000 |
| Section 96—liability of consignee | Infringement notice not available | Maximum $5,000 | Maximum $10,000; minimum $2,000 | Maximum $25,000 | Maximum $50,000; minimum $2,000 |
| Section 112—false or misleading transport documentation | Infringement notice not available | Maximum $5,000 | Maximum $10,000; minimum $2,000 | Maximum $25,000 | Maximum $50,000; minimum $2,000 |
| Section 114—breach of condition of mass, dimension or load restraint concession | $1,200 | Maximum $3,000 | Maximum $6,000; minimum $1,200 | Maximum $15,000 | Maximum $30,000; minimum $1,200 |
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| ed = editorial change | reloc = relocated |
| exp = expires/expired or ceases/ceased to have | renum = renumbered |
| effect | rep = repealed |
| F = Federal Register of Legislation | rs = repealed and substituted |
| gaz = gazette | s = section(s)/subsection(s) |
| LA = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| National Transport Commission (Road Transport Legislation—Compliance and Enforcement Bill) Regulations 2006 (SLI No. 14, 2006) | 21 Feb 2006 (F2006L00254) | 22 Feb 2006 (r 2) | |
| Acts and Instruments (Framework Reform) (Consequential Amendments) Regulation 2016 | 29 Feb 2016 (F2016L00170) | Sch 1 (item 46): 5 Mar 2016 (s 2(1) item 1) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| r 3............................................. | am F2016L00170 |
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0
0