Heavy Vehicle National Law (South Australia) Act 2013

This

Act may be cited as the Heavy

Vehicle National Law (South Australia) Act 2013.

For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the South Australian Heavy

Vehicle National Law text.

In the local application provisions of this Act—

Heavy

Vehicle National Law (South Australia) means the provisions applying in this jurisdiction because of section 4 of this Act;

Heavy

Vehicle National Regulations or national regulations means the Heavy

Vehicle National Regulations made under the Heavy

Vehicle National Law;

Heavy

Vehicle National Regulations (South Australia) means the provisions applying in relation to this jurisdiction because of section 6;

instrument includes a document;

local regulations means regulations made under section 28, but does not include the Heavy

Vehicle National Regulations and the Heavy

Vehicle National Regulations (South Australia);

South

Australian Heavy Vehicle National Law text means the Heavy

Vehicle National Law set out in the Schedule (as in force for the time being);

State entity means a public sector agency within the meaning of the Public

Sector Act 2009.

Terms used in the local application provisions of this Act and also in the

South Australian Heavy Vehicle National Law text have the same meanings in those provisions as they have in that Law.

This section does not apply to the extent that the context or subject matter otherwise indicates or requires.

The

South Australian Heavy Vehicle National Law text—

applies as a law of South Australia; and

as so applying may be referred to as the Heavy

Vehicle National Law (South Australia).

If—

the

Parliament of Queensland enacts an amendment to the Heavy

Vehicle National Law set out in the Schedule to the Heavy

Vehicle National Law Act 2012 of Queensland; and

the

Governor is satisfied that an amendment that corresponds, or substantially corresponds, to the amendment made by the Parliament of Queensland should be made to the Heavy

Vehicle National Law (South Australia), the

Governor may, by regulation, amend the South Australian Heavy

Vehicle National Law text.

The

Governor may, as part of a regulation made under subsection (1), make any additional provisions (including so as to modify the terms of an amendment that has been made to the Heavy

Vehicle National Law by the Parliament of Queensland or to provide for related or transitional matters) considered by the Governor to be necessary to ensure that the amendment to the Heavy

Vehicle National Law has proper effect in South Australia.

A regulation made under this section may, if the regulation so provides, take effect from the day of the commencement of an amendment to the Heavy

Vehicle National Law made by the Parliament of Queensland (including a day that is earlier than the day of the regulation's publication in the

Gazette).

The

Heavy

Vehicle National Regulations, as in force from time to time—

apply as national regulations in force for the purposes of the Heavy

Vehicle National Law (South Australia), subject to modifications by the local regulations; and

as so applying may be referred to as the Heavy

Vehicle National Regulations (South Australia).

The

Acts

Interpretation Act 1915 does not apply to the Heavy

Vehicle National Law (South Australia) or to instruments made under that Law.

Subject to subsection (3), the following Acts of this jurisdiction do not apply to this Act or to instruments made under the Heavy

Vehicle National Law (South Australia) (except as applied under that Law):

the

Freedom of Information Act 1991;

the

Public

Finance and Audit Act 1987;

the

Public

Sector Act 2009;

the

State

Records Act 1997.

The

Acts referred to in subsection (2) apply to a State entity or an employee of a State entity exercising a function under the Heavy

Vehicle National Law (South Australia).

In this section—

State entity does not include the Regulator.

In the Heavy

Vehicle National Law (South Australia)—

infringement notice—a reference to an infringement notice in section 591 of the Law is a reference to an expiation notice issued under the

Expiation of Offences Act 1996;

Magistrates

Court means the Magistrates Court of South Australia;

police officer means a member of SA Police under the Police

Act 1998;

registration authority, for the registration of a heavy vehicle in this State, means the

Registrar of Motor Vehicles under the Motor

Vehicles Act 1959;

responsible

Minister for South Australia means the Minister to whom the administration of this Act is committed;

Supreme

Court means the Supreme Court of South Australia;

this jurisdiction means the State of South Australia.

It is declared that—

the

Regulator is not a public sector employer for the purposes of the

Fair

Work (Commonwealth Powers) Act 2009;

and

it is the intention of the Parliament that the Regulator be a national system employer for the purposes of the Fair

Work Act 2009 of the Commonwealth.

No

Act of South Australia can have effect to stop the Regulator from being a national system employer for the purposes of the Fair

Work Act 2009 of the Commonwealth.

For the purposes of the Heavy

Vehicle National Law (South Australia)—

each magistrate is declared to be an authorised warrant official;

and

each police officer is declared to be an authorised officer;

and

the

Expiation of Offences Act 1996 is declared to be the Infringement

Notice Offences Law;

and

each council under the Local

Government Act 1999 is declared to be a local government authority;

and

the

Work

Health and Safety Act 2012 is declared to be the primary

WHS Law;

and

subject to paragraph (g), the Administrative and Disciplinary Division of the District Court is declared to be the relevant tribunal or court;

and

the

Magistrates Court is declared to be the relevant tribunal or court for the purposes of sections 556 and 590D of the

Heavy

Vehicle National Law (South Australia);

and

an area that is a road or road‑related area within the meaning of the Road

Traffic Act 1961 is declared to be a road or road‑related area;

and

the

Minister to whom the administration of the Road

Traffic Act 1961 is committed is declared to be the road authority;

and

an authority, person or body responsible for the care, control or management of a road is declared to be a road manager;

and

the

Australian

Road Rules are declared to be the Road

Rules.

An authorised officer who is a police officer is authorised to use force against a person in the exercise or purported exercise of a function under the Heavy

Vehicle National Law (South Australia).

Note—

See section 491 of the Law.

An authorised officer is authorised to use force against property in the exercise or purported exercise of a function under the Heavy

Vehicle National Law (South Australia) in relation to this jurisdiction.

Note—

See section 492 of the Law.

An authorised officer who is a police officer of another jurisdiction may amend or withdraw a vehicle defect notice issued in this jurisdiction by an authorised officer who is a police officer.

Note—

See section 531 of the Law.

Section 552(1) of the Heavy

Vehicle National Law (South Australia) does not apply to an authorised officer who is a police officer impounding or seizing a heavy vehicle or thing under an Act or law of this jurisdiction.

Note—

See section 552(2) of the Law.