Interstate Road Transport Act 1985
INSTRUMENT OF APPOINTMENT OF INSPECTORS
I, ANDREW HYLES, Acting General Manager, Vehicle Regulation Reform Branch, a delegate of the Minister for Infrastructure and Regional Development under section 50 of the Interstate Road Transport Act 1985 (the Act) with the power to make appointments under subsection 44(7) of the Act:
REVOKE all prior instruments of appointment made under subsection 44(7) of the Act; and
APPOINT the persons within the classes of officers listed in the Schedule to this notice as inspectors for the purposes of the Act.
This Notice commences upon publication in the Gazette.
Dated: 4 July 2014
Andrew Hyles
Acting General Manager
Vehicle Regulation Reform Branch
Surface Transport Policy Division
SCHEDULE
INTERSTATE ROAD TRANSPORT ACT 1985
APPOINTMENT OF INSPECTORS
For the purposes of the Interstate Road Transport Act 1985 the following persons are appointed as inspectors:
- All Authorised Officers appointed by the National Heavy Vehicle Regulator under section 481 of the Heavy Vehicle National Law 2012 (Queensland) and as applied in the jurisdictions of New South Wales, Victoria, South Australia, Tasmania and the Australian Capital Territory; and
2. All classes of officer otherwise appointed under the following state and territory legislation;
State/Territory | Department/Authority | Classes of Officers |
New South Wales (NSW) | Roads and Maritime Services | All authorised officers appointed under section 251 of the Roads Act 1993 (NSW), section 166 of the Road Transport Act 2013 (NSW) and section 10 of the Heavy Vehicle (Adoption of National Law) Act 2013 (NSW). |
Victoria (Vic.) | VicRoads | All authorised officers appointed under section 221A and 229 of the Transport (Compliance and Miscellaneous) Act 1983 (Vic.) and section 12 of the Heavy Vehicle National Law Application Act 2013 (Vic.). |
Queensland (Qld) | Department of Transport and Main Roads | All authorised officers appointed under section 20 of the Transport Operations (Road Use Management) Act 1995 (Qld), and section 13 of the Heavy Vehicle National Law Act 2012 (Qld). |
Western Australia (WA) | Main Roads Western Australia; and Department of Transport | All transport wardens authorised under section 22 of the Road Traffic (Administration) Act 2008 (WA). |
South Australia (SA) | Department of Planning, Transport and Infrastructure | All authorised officers appointed under section 35 of the Road Traffic Act 1961 (SA). |
Tasmania (Tas.) | Department of Infrastructure, Energy and Resources | All authorised officers appointed under subsection 9(2) of the Traffic Act 1925 (Tas.). |
Australian Capital Territory (ACT) | Justice and Community Safety Directorate | All authorised persons appointed under sub-section 19(1) of the Road Transport (General) Act 1999 (ACT) and section 11 of the Heavy Vehicle National Law (ACT) Act 2013. |
Northern Territory (NT) | Department of Transport | All inspectors and other officers considered necessary, appointed under subsection 7(2) of the Motor Vehicles Act (NT) as in force on 28 August 2013. |
Overview
The Interstate Road Transport Act 1985, enacted by the Parliament of Australia, addresses the need for standardised regulation of interstate road transport across Australia. The Act establishes a framework for the oversight and enforcement of heavy vehicle regulations and standards, aiming to ensure the safety and efficiency of interstate road transport. In line with the policy objective of the Act to harmonise road transport regulation, this instrument of appointment under section 50 of the Interstate Road Transport Act 1985 revokes previous appointments and appoints new inspectors from various state and territory authorities to enforce the Act. These inspectors, including authorised officers from different state and territory departments, are designated to ensure compliance with the regulations and standards set forth by the Interstate Road Transport Act 1985.
Scope and Application
The Interstate Road Transport Act 1985 applies to various authorised officers appointed under state and territory legislation across Australia, who are responsible for enforcing compliance with the provisions of the Act. These inspectors are designated to oversee interstate road transport, ensuring adherence to the regulatory framework established by the Act. The geographic reach of the Act extends across the Commonwealth of Australia, with inspectors appointed in each state and territory to enforce the Act's provisions within their respective jurisdictions. The appointment of inspectors, as outlined in the Instrument of Appointment of Inspectors, is crucial for the enforcement of the Interstate Road Transport Act 1985 and its subordinate instruments, which may further detail specific regulations and enforcement mechanisms. The Act does not explicitly state exclusions or thresholds, but its application is inherently tied to the activities of authorised officers appointed under the various state and territory laws, thereby extending or restricting its application as necessary through subordinate instruments.
Key Provisions
The Interstate Road Transport Act 1985, through the Instrument of Appointment of Inspectors, establishes the framework for the appointment of inspectors who will enforce the provisions of the Act. Section 44(7) of the Act empowers the Minister for Infrastructure and Regional Development to appoint inspectors, and Andrew Hyles, as Acting General Manager of the Vehicle Regulation Reform Branch, has exercised this power. The instrument revokes all previous appointments of inspectors under the Act and appoints the individuals listed in the Schedule as inspectors for the purposes of the Act. These inspectors are authorised officers from various state and territory departments and authorities, as outlined in the Schedule.
Inspectors appointed under this Act are tasked with the responsibility of enforcing the provisions of the Interstate Road Transport Act 1985. These inspectors are empowered to carry out their duties in accordance with the Act and any related regulations. They are responsible for ensuring compliance with the Act, which includes overseeing the movement of heavy vehicles across state and territory borders, conducting inspections, and enforcing any applicable laws and regulations.
Breaches of the Interstate Road Transport Act 1985 can result in various consequences, depending on the nature and severity of the offence. The Act may impose administrative penalties, such as fines, for minor infractions. For more serious breaches, the Act may provide for criminal penalties, including imprisonment. The maximum penalties for offences under the Act are not specified in the Instrument of Appointment of Inspectors but would be detailed in the Act itself or related legislation. Inspectors have the authority to enforce these penalties and take appropriate action against those who violate the provisions of the Act.