Heavy Vehicle National Law
Notice of Revocation – New South Wales Class 1 Silage Trailer Mass and Dimension Exemption Notice 2018 (No.1)
1 Purpose
This Notice revokes the New South Wales Class 1 Silage Trailer Mass and Dimension Exemption Notice 2018 (No.1).
2 Authorising Provision
This Notice is made under the following section of the HVNL as applied in each participating jurisdiction:
a) Schedule 1, Section 23 – Power to make an instrument or decision includes the power to amend or repeal
3 Commencement
This Notice takes effect on 4 December 2022 and the cancellation of the relevant notices comes into force 28 days after that day.
4 Title
This Notice may be cited as the Notice of Revocation – New South Wales Class 1 Silage Trailer Mass and Dimension Exemption Notice 2018 (No.1).
5 Revocation
This Notice cancels the following Heavy Vehicle National Law exemptions:
a) New South Wales Class 1 Silage Trailer Mass and Dimension Exemption Notice 2018 (No.1)
Overview
The Notice of Revocation – New South Wales Class 1 Silage Trailer Mass and Dimension Exemption Notice 2018 (No.1), enacted in 2018, addresses the need to modify existing regulations concerning the mass and dimensions of silage trailers in New South Wales. This legislative instrument was introduced to address specific concerns and ensure compliance with the overarching framework of the Heavy Vehicle National Law (HVNL). Enacted by the relevant authority under Schedule 1, Section 23 of the HVNL, the Notice empowers the making of instruments or decisions, including the amendment or repeal of existing provisions. The policy objective behind this revocation is to ensure consistency and safety standards across participating jurisdictions, thereby enhancing road safety and uniformity in heavy vehicle regulations.
This Notice, which takes effect on 4 December 2022, revokes the previously established exemptions for New South Wales Class 1 Silage Trailer Mass and Dimension, with the cancellation of the relevant notices coming into force 28 days after the commencement date. This action signifies a pivotal shift in regulatory measures, reinforcing the commitment to stringent safety protocols and the harmonisation of heavy vehicle regulations within the participating jurisdictions.
Scope and Application
The Notice of Revocation – New South Wales Class 1 Silage Trailer Mass and Dimension Exemption Notice 2018 (No.1) is a legislative instrument made under the Heavy Vehicle National Law (HVNL) as applied in participating jurisdictions. Its purpose is to revoke the previously issued New South Wales Class 1 Silage Trailer Mass and Dimension Exemption Notice 2018 (No.1). This revocation is authorised under Schedule 1, Section 23 of the HVNL, which grants the power to amend or repeal certain instruments or decisions. The Notice applies specifically to the exemption previously provided for Class 1 silage trailers in New South Wales, and its effect is to cancel the specified exemption, which comes into force 28 days after the Notice’s effective date of 4 December 2022. This legislative instrument operates within the framework of the HVNL, ensuring consistency across participating jurisdictions by addressing the scope and application of heavy vehicle regulations in relation to silage trailers.
Key Provisions
The primary operative section of the Notice of Revocation – New South Wales Class 1 Silage Trailer Mass and Dimension Exemption Notice 2018 (No.1) is Section 2, which specifies that this Notice is made under Schedule 1, Section 23 of the Heavy Vehicle National Law (HVNL) as applied in each participating jurisdiction. This section empowers the making, amending, or repealing of instruments or decisions. Section 4 provides that the Notice revokes the New South Wales Class 1 Silage Trailer Mass and Dimension Exemption Notice 2018 (No.1), and Section 5 details the specific exemptions that are being cancelled.
This Act imposes specific obligations on the parties and entities it governs, including the requirement to adhere to the stipulations laid out in the HVNL. It mandates that the New South Wales Class 1 Silage Trailer Mass and Dimension Exemption Notice 2018 (No.1) is to be revoked as per Section 4 of the Notice. This means that the exemptions provided by the 2018 Notice will no longer apply from the effective date of the revocation Notice.
The Notice of Revocation – New South Wales Class 1 Silage Trailer Mass and Dimension Exemption Notice 2018 (No.1) also outlines the civil and criminal consequences for non-compliance. While the Notice does not explicitly state penalties, any breach of the HVNL and its related instruments can lead to significant consequences. In general, under the HVNL, breaches can result in substantial fines and potential imprisonment, depending on the severity of the offence. The exact penalties are determined by the specific provisions of the HVNL and any relevant state or territory laws that apply to the offence in question. The Notice ensures that the revocation of the 2018 exemption is effective from 4 December 2022, with the cancellation of the relevant notices coming into force 28 days after this date.