Road Traffic (Miscellaneous) Variation Regulations 2012 (SA)

South Australia

Road Traffic (Miscellaneous) Variation Regulations 2012

under the Road Traffic Act 1961

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Road Traffic (Miscellaneous) Regulations 1999

4            Variation of regulation 4—Interpretation

5            Variation of regulation 13—Declaration of hospitals for compulsory blood testing

6            Variation of regulation 23C—Administrative actions under corresponding road laws

7           Variation of regulation 23D—Court orders under corresponding road laws

Part 1—Preliminary

1—Short title

These regulations may be cited as the Road Traffic (Miscellaneous) Variation Regulations 2012.

2—Commencement

1. Subject to this regulation, these regulations come into operation on the day on which they are made.

(2)Regulation 4(2) will come into operation on the day on which section 4 of the Road Traffic (Administration) Act 2008 of Western Australia comes into operation.

(3)Regulations 6(2) and 6(4) will come into operation on the day on which Division 1, 2 or 4 of Part 6 of the Road Traffic (Vehicles) Act 2012 of Western Australia (whichever is the later) comes into operation.

(4)Regulation 7(2) will come into operation on the day on which Division 5 or 6 of Part 11 of the Road Traffic (Vehicles) Act 2012 of Western Australia (whichever is the later) comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Road Traffic (Miscellaneous) Regulations 1999

4—Variation of regulation 4—Interpretation

1. Regulation 4(3)—after paragraph (a) insert:

   (ab)the chief executive for the purposes of the Transport Operations (Road Use Management) Act 1995 of Queensland is declared to be the corresponding Authority for that State;

2. Regulation 4(3)—after paragraph (b) insert:

   (c)the CEO as defined in the Road Traffic (Administration) Act 2008 of Western Australia is declared to be the corresponding Authority for that State.

3. Regulation 4(4)—after paragraph (a) insert:

   (ab)the Transport Operations (Road Use Management) Act 1995 of Queensland;

4. Regulation 4(4)—after paragraph (b) insert:

   (c)the Road Traffic (Administration) Act 2008 of Western Australia and the Road Traffic (Vehicles) Act 2012 of Western Australia.

5. Regulation 4(5)—after paragraph (a) insert:

   (ab)the Transport Operations (Road Use Management) Act 1995 of Queensland is declared to be a corresponding road law for that State;

6. Regulation 4(5)—after paragraph (b) insert:

   (c)the following Acts are declared to be a corresponding road law for Western Australia:

   (i)the Road Traffic (Administration) Act 2008 of Western Australia;

   (ii)the Road Traffic (Vehicles) Act 2012 of Western Australia.

5—Variation of regulation 13—Declaration of hospitals for compulsory blood testing

Regulation 13(d)—after the item relating to "Millicent and District Hospital and Health Services" insert:

•Minlaton Health Centre;

6—Variation of regulation 23C—Administrative actions under corresponding road laws

1. Regulation 23C(2)(a)—after subparagraph (i) insert:

   (ia)Chapter 3 Part 3 Division 2 Subdivision 5 (Further powers in relation to heavy vehicles concerning mass, dimension or loading requirements) of the Transport Operations (Road Use Management) Act 1995 of Queensland; or

2. Regulation 23C(2)(a)—after subparagraph (ii) insert:

   or

   (iii)Part 6 Division 1 (General) and Division 2 (Rectification of breaches of mass, dimension or loading requirements) of the Road Traffic (Vehicles) Act 2012 of Western Australia;

3. Regulation 23C(2)(b)—after subparagraph (i) insert:

   (ia)Chapter 3 Part 3 Division 2 Subdivision 7 (Other powers in relation to heavy vehicles—improvement notices and formal warnings) of the Transport Operations (Road Use Management) Act 1995 of Queensland, but excluding section 39V (Formal warning) and section 39W (Withdrawal of formal warning); or

4. Regulation 23C(2)(b)—after subparagraph (ii) insert:

   or

   (iii)Part 6 Division 4 (Improvement notices) of the Road Traffic (Vehicles) Act 2012 of Western Australia.

7—Variation of regulation 23D—Court orders under corresponding road laws

1. Regulation 23D—after paragraph (a) insert:

   (ab)an order under Chapter 6, Part 3, Division 5 (Supervisory intervention orders) of the Transport Operations (Road Use Management) Act 1995 of Queensland;

2. Regulation 23D—after paragraph (b) insert:

   (c)an order under any of the following provisions of the Road Traffic (Vehicles) Act 2012 of Western Australia:

   (i)Part 11 Division 5 (Supervisory intervention orders);

   (ii)Part 11 Division 6 (Prohibition orders).

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 13 December 2012

No 252 of 2012

MTR/12/058