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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-07-03 Daily Xml
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STATUTES AMENDMENT (HEAVY VEHICLE NATIONAL LAW) BILL

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for the Status of Women, Minister for State/Local Government Relations) (22:10): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

I am pleased to introduce the Statutes Amendment (Heavy Vehicle National Law) Bill 2013 (the Consequential Amendments Bill).

This Bill accompanies and gives full effect to the Heavy Vehicle National Law (South Australia) Bill 2013 (the Application Bill). Passage of the two Bills will enable South Australia to fulfil its commitments under the Council of Australian Governments' Intergovernmental Agreement on Heavy Vehicle Regulatory Reform (IGA).

The purpose of the Application Bill is to establish a national system of heavy vehicle regulation governed by one national law (the National Law), that brings together model legislation developed through national heavy vehicle regulatory reforms over the last twenty years. This includes registration, fatigue management, accreditation schemes, mass, dimension and loading limits, compliance requirements and enforcement powers for all heavy vehicles over 4.5 tonnes.

The National Law also includes matters not the subject of the model legislation, but which are necessary for it to be self-contained and fully operational. Examples of such matters include provisions establishing a National Regulator as a corporate entity to administer the scheme, associated financial controls and governance structures, a review and appeals system, and requirements regulating the use and release of information.

The Consequential Amendments Bill principally amends the Road Traffic Act 1961. Amendments to that Act remove the heavy vehicle matters now covered in the National Law and its Application Bill. The Road Traffic Act will only cover light vehicle standards, defective light vehicles and light vehicle mass, dimension and load restraint requirements. However, drink and drug driving, careless and dangerous driving, excessive speed and the Australian Road Rules requirements, which are outside the ambit of the National Law, will continue to apply to heavy vehicles as well as light vehicles. The long title of the Act has been amended to reflect these changes.

Where relevant, definitions in the Road Traffic Act (e.g. 'garage address,' 'goods') have been aligned with provisions in the National Law for ease of interpretation and enforcement. Matters only relevant to heavy vehicles, heavy vehicle sanctions and the chain of responsibility concept have been removed.

In some cases, where there are equivalent enforcement powers in the National Law and the Road Traffic Act, those in the Act have been restricted to light vehicles only. Other powers continue to apply to both light and heavy vehicles as it is necessary to have powers to enforce the offences that continue to apply to both types of vehicle.

In terms of light vehicle mass, dimension and load restraint offences, there has been a return to the position before the national heavy vehicle compliance and enforcement model law was implemented into the Road Traffic Act in 2006. Concepts from this model law that are more applicable to heavy vehicles have been removed (such as the reasonable steps defence and the classification of breaches into minor, substantial and severe risk). The maximum penalty for a light vehicle mass, dimension and load restraint offence will be $2,500.

The Consequential Amendments Bill also amends the Motor Vehicles Act 1959. The main amendment to this Act is to repeal the heavy vehicles speeding control scheme. The Ministerial Council agreed that this policy initiative from 1999 overlapped with the heavy vehicle speeding compliance model law which the Ministerial Council approved in December 2007 and it was agreed the latter scheme achieved the same intent and provided greater consistency. Other amendments align definitions with the definitions in the National Law for ease of interpretation and enforcement; and to allow information gained in the administration of the Motor Vehicles Act, for example heavy vehicle registration information, to be provided to the National Regulator in connection with the administration of the National Law.

Minor amendments have also been made to section 23 of the Second-hand Vehicle Dealers Act 1995 to ensure that the duty of a second-hand vehicle dealer to repair a vehicle after sale will continue to apply to second-hand heavy vehicles when matters such as vehicle standards relating to heavy vehicles are covered under the National Law rather than under the Road Traffic Act as at present.

The Consequential Amendments Bill and the Application Bill form a package and both Bills need to be passed before the National Law can be commenced.

I commend the Bill to the House.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Motor Vehicles Act 1959

4—Amendment of section 5—Interpretation

This clause alters a number of definitions to make them consistent with those in the Heavy Vehicle National Law (HVNL) and redefines 'authorised officer' to reflect changes to the Road Traffic Act contained in this Bill.

5—Repeal of Part 2A

This clause repeals Part 2A of the Motor Vehicles Act which created the heavy vehicles speeding control scheme. This matter is now covered by the HVNL (see Chapter 5 of the HVNL text in Schedule 1 of the Heavy Vehicle National Law (South Australia) Bill 2013).

6—Amendment of section 139D—Confidentiality

This clause amends section 139D to enable information to be disclosed for the purpose of administering the HVNL.

7—Amendment of section 141—Evidence by certificate etc

This clause amends section 141 so that certificates issued under the HVNL in other jurisdictions can be admitted as evidence in relation to heavy vehicle matters.

Part 3—Amendment of Road Traffic Act 1961

8—Amendment of long title

This clause amends the long title of the Act to reflect its content. The long title has not been altered since the Act was originally enacted in 1961 when its purpose was then to consolidate the laws relating to road traffic.

9—Amendment of section 5—Interpretation

This clause alters a number of definitions to make them consistent with those in the HVNL (see section 5 of the HVNL text). It also removes definitions which are no longer needed. The definition of 'authorised officer' has been altered to include police officers so that it is not necessary to refer to police officers separately throughout the Act wherever the term 'authorised officer' is used.

10—Repeal of sections 8 and 9

This clause repeals sections 8 and 9 which contain redundant definitions ('driver's base' and 'associates').

11—Amendment of section 35—Appointment of authorised officers

This clause amends section 35 to consolidate the provisions relating to the power of the Minister to impose conditions on the appointment of authorised officers.

12—Repeal of section 36

This clause repeals section 36 as its content has been transferred to section 35.

13—Substitution of section 38

This clause substitutes section 38.

38—Identity cards

New section 38 relates to the issue of identity cards to authorised officers. The section has been redrafted to make it consistent with the HVNL (see section 486 of the HVNL text).

14—Amendment of section 39—Production of identification

This clause removes references to police officers.

15—Amendment of section 40—Return of identity cards

This clause makes a minor semantic change to section 40.

16—Repeal of section 40A

This clause repeals section 40A.

17—Substitution of section 40C

This clause substitutes a new section 40C.

40C—Meaning of qualified, fit or authorised to drive or start or stop engine

The definitions of 'qualified,' 'fit' and 'authorised' to drive a vehicle, or to start or stop its engine, have been altered to align these terms more closely with the HVNL and the definition of 'authorised to drive' has been restructured to simplify it.

18—Amendment of section 40D—Meaning of unattended vehicle and driver of disconnected trailer

This clause amends section 40D to align the meaning of 'unattended vehicle' more closely with the HVNL (see section 515 of the HVNL text).

19—Substitution of sections 40E and 40F

This clause substitutes sections 40E and 40F.

40E—Meaning of broken down vehicle

This section has been redrafted to simplify the structure of the provision.

40F—Meaning of compliance purposes

This section has also been redrafted in order to remove obsolete references to 'approved road transport compliance scheme.'

20—Amendment of section 40G—Application of Subdivision

This clause makes a minor semantic change to section 40G.

21—Insertion of section 40GA

This clause inserts a new interpretation provision.

40GA—Interpretation

This section defines 'road law' for the purposes of Part 2 Division 5 Subdivision 2 to include the HVNL legislation (including national and local regulations).

22—Amendment of section 40H—Direction to stop vehicle to enable exercise of other powers

This clause removes references to 'police officer.'

23—Amendment of section 40I—Direction to move vehicle to enable exercise of other powers

This clause removes references to 'police officer,' substitutes 'this Act' with 'a road law' in order to apply the definition of 'road law' inserted by clause 21 to section 40I and amends section 40I in relation to the maximum penalty for contravening such a direction.

24—Amendment of section 40J—Direction to move vehicle if danger or obstruction

This clause removes a reference to 'police officer' and restricts the application of section 40J to light vehicles.

25—Amendment of section 40K—Direction to leave vehicle

This clause removes references to 'police officer' in section 40K.

26—Amendment of section 40M—Moving unattended vehicle to enable exercise of other powers

This clause removes a reference to 'police officer' and substitutes 'this Act' with 'a road law' in order to apply the definition of 'road law' inserted by clause 21 to section 40M.

27—Amendment of section 40N—Removing unattended or broken down vehicle if danger or obstruction

This clause removes a reference to 'police officer' and restricts the application of section 40N to light vehicles.

28—Amendment of section 40P—Notice of removal of vehicle and disposal of vehicle if unclaimed

This clause restricts the application of section 40P to light vehicles.

29—Amendment of section 40Q—Power to inspect vehicle on road or certain official premises

This clause removes a reference to 'police officer' and 'approved road transport compliance scheme.'

30—Amendment of section 40R—Power to search vehicle on road or certain official premises

This clause removes a reference to 'police officer' and references to 'approved road transport compliance scheme.'

31—Amendment of section 40S—Power to inspect premises

This clause removes a reference to 'police officer' and 'approved road transport compliance scheme' and amends the types of premises covered by section 40S to reflect changes elsewhere in this Bill.

32—Amendment of section 40T—Power to search premises

This clause removes a reference to 'police officer' and references to 'approved road transport compliance scheme' and amends the types of premises covered by section 40T to reflect changes elsewhere in this Bill.

33—Amendment of section 40V—Direction to give name and other personal details

This clause removes references to 'police officer.'

34—Amendment of section 40W—Direction to produce records, devices or other things

This clause removes a reference to 'police officer.'

35—Amendment of section 40X—Direction to provide information

This clause removes a reference to 'police officer.'

36—Amendment of section 40Y—Direction to provide reasonable assistance for powers of inspection and search

This clause removes a reference to 'police officer' and substitutes 'run' an engine with 'start or stop' an engine to make the wording of the section consistent with the HVNL.

37—Amendment of section 40Z—Provisions relating to starting or stopping engine

This clause substitutes 'run' an engine with 'start or stop' an engine to make the wording of the section consistent with the HVNL.

38—Amendment of section 41B—Warrants

This clause removes a reference to 'police officer.'

39—Amendment of section 41C—Use of assistants and equipment

This clause removes references to 'police officer.'

40—Amendment of section 41D—Use of equipment to examine or process things

This clause removes a reference to 'police officer.'

41—Amendment of section 41E—Use or seizure of electronic equipment

This clause removes a reference to 'police officer' and a reference to 'scheme' (i.e. approved road transport compliance scheme).

42—Amendment of section 41F—Receipt for and access to seized material

This clause removes a reference to 'police officer.'

43—Repeal of section 41G

This clause repeals section 41G which provides for the issue of embargo notices in relation to heavy vehicles. This matter is now covered by the HVNL (see sections 557 to 560 of the HVNL text).

44—Substitution of section 41I

This clause substitutes section 41I.

41I—Various powers may be exercised on same occasion

This section has been redrafted to delete a reference to 'police officer' and expand the meaning of 'road law' for the purposes of section 41I to include the HVNL legislation (including national and local regulations).

45—Amendment of section 41J—Restoring vehicle or premises to original condition after action taken

This clause removes a reference to 'police officer.'

46—Amendment of section 41M—Obstructing or hindering authorised officers

This clause removes a reference to 'police officer.'

47—Amendment of section 41O—Division not to affect other powers

This clause makes a minor semantic change.

48—Repeal of Part 3AA

This clause repeals Part 3AA of the Act which contains provisions related to the management of heavy vehicles (fatigue, speed and intelligent access program). These matters are now covered by the HVNL (see Chapter 5 (Speeding), Chapter 6 (Driver Fatigue) and Chapter 7 (Intelligent access) of the HVNL text).

49—Amendment of section 110C—Offences

This clause removes a reference to 'police officer'

50—Amendment of heading to Part 4

This clause alters the heading to Part 4 to restrict its operation to light vehicles.

51—Substitution of Part 4 Division 1

This clause substitutes new provisions related to light vehicles.

Division 1—Light vehicle standards

111—Rules prescribing light vehicle standards

This section provides the Governor with power to make rules prescribing vehicle standards for light vehicles.

52—Substitution of Part 4 Division 2

This clause substitutes new provisions related to light vehicles.

Division 2—Light vehicle mass and loading requirements

113—Regulations prescribing light vehicle mass and loading requirements

This section provides the Governor with power to make regulations prescribing requirements relating to the mass and loading of light vehicles.

53—Repeal of Part 4 Division 3

This clause repeals Part 4 Division 3 of the Act which provides the Governor with power to make regulations prescribing standard form conditions applying to the driving of heavy vehicles the subject of oversize or overmass vehicle exemptions. This matter is now covered by the HVNL (see Chapter 4 Part 5 of the HVNL text).

54—Amendment of heading to Part 4 Division 3A

This clause amends the heading to Part 4 Division 3A to restrict its application to light vehicles.

55—Amendment of section 116—Meaning of breach of light vehicle standards or maintenance requirement

This clause amends section 116 to restrict its operation to light vehicles.

56—Amendment of section 117—Liability of driver

This clause amends section 117 to restrict its operation to drivers of light vehicles.

57—Amendment of section 118—Liability of operator

This clause amends section 118 to restrict its operation to operators of light vehicles.

58—Amendment of heading to Part 4 Division 3B

This clause amends the heading to Part 4 Division 3B to restrict its operation to light vehicles.

59—Substitution of sections 119 and 120

This clause deletes sections 119 and 120 and substitutes a new section 119.

119—Meaning of breach of light vehicle mass, dimension or load restraint requirement

This section defines 'breach of a light vehicle mass, dimension or load restraint requirement.'

60—Repeal of Part 4 Division 3B Subdivision 2

This clause repeals Part 4 Division 3B Subdivision 2 as the reasonable steps defence is now covered in the HVNL (see Chapter 10 Part 4 Division 1 of the HVNL text).

61—Amendment of heading to Part 4 Division 3B Subdivision 3

This clause amends the heading to Part 4 Division 3B Subdivision 3 to restrict its operation to light vehicles.

62—Substitution of sections 123 and 124

This clause substitutes sections 123 and 124.

123—Liability of driver

This section has been redrafted to limit its operation to drivers of light vehicles.

124—Liability of operator

This section has been redrafted to limit its operation to operators of light vehicles.

63—Repeal of sections 125 to 129

This clause repeals sections 125 to 129 which deal with the liability of consignors, packers, loaders and consignors and specifies penalties. These matters relate to heavy vehicles only and are covered by the HVNL. Penalties for the offences in the substituted sections 123 and 124 are inserted in those sections.

64—Repeal of Part 4 Division 3B Subdivisions 4 to 7

This clause repeals Part Division 3B Subdivisions 4 to 7 which deal with sanctions, container weight declarations, recovery of losses resulting from non-provision of or inaccurate container weight declarations and transport documentation. These matters relate to heavy vehicles only and are covered by the HVNL.

65—Amendment of section 145—Defect notices

This clause amends section 145 to align the definition of 'safety risk' with that in the HVNL, to restrict the section's application to light vehicles and to remove references to 'police officer.'

66—Substitution of Part 4 Division 4 Subdivisions 2 and 3

This clause repeals Part 4 Division 4 Subdivisions 2 and 3 and substitutes a new Subdivision 2 (which is limited to light vehicles). Formal warnings in relation to heavy vehicles are dealt with by the HVNL (see Chapter 10 Part 1 of the HVNL text).

Subdivision 2—Powers relating to breaches of light vehicle mass, dimension or load restrain requirements

146—Directions and authorisations.

This section consolidates the provisions of sections 148, 151, 152, 153 and 154.

67—Amendment of section 161A—Driving of certain light vehicles subject to Ministerial approval

This clause amends section 161A to limit its application to light vehicles.

68—Repeal of Part 4 Division 6

This clause repeals Part 4 Division 6 which requires prescribed vehicles to be marked in accordance with the regulations. This matter is dealt with in the HVNL.

69—Substitution of section 163G

This clause substitutes section 163G.

163G—Inspection of certificates

This section has been redrafted to remove references to 'police officer.'

70—Repeal of Part 4B

This clause repeals Part 4B which contains special provisions relating to heavy vehicle offences (improvement notices, sanctions for heavy vehicle offences and criminal responsibility in relation to organisations and employers). These matters are covered by the HVNL.

71—Substitution of section 164B

This clause substitutes section 164B.

164B—Approval or exemption does not operate in favour of person who contravenes a condition

This section has been redrafted so that it applies in relation to Ministerial approvals under section 161A and Ministerial exemptions granted under the Act.

72—Repeal of section 173AA

This clause repeals section 173AA which contains the reasonable steps defence now covered by the HVNL (see section 618 of the HVNL text).

73—Section 173AB—Further defences

This clause amends section 173AB to remove a reference to 'police officer.'

74—Repeal of section 174F

This clause repeals section 174F which deals with industry codes of practice which is covered by the HVNL (see Chapter 13 Part 2 of the HVNL text).

75—Amendment of section 174G—Dismissal or other victimisation of employee or contractor assisting with or reporting breaches

This clause amends section 174G by replacing the definition of 'public agency.' This change is consequential on the removal of certain definitions in section 5.

76—Substitution of section 174I

This clause substitutes section 174I.

174I—Amendment or revocation of directions or conditions

This section allows authorised officers to amend or revoke directions given, or conditions imposed, by them or other authorised officers (but authorised officers who are not police officers cannot amend or revoke the directions given or conditions imposed by police officers).

77—Amendment of section 175—Evidence

This clause amends section 175 to remove unnecessary evidentiary provisions, remove references to 'police officer' and make amendments consequential on clause 71.

78—Amendment of section 176—Regulations and rules

This clause amends section 176 to remove the power to make regulations relating to the establishment and administration of approved road transport compliance schemes.

Part 4—Amendment of Second-hand Vehicle Dealers Act 1995

79—Amendment of section 23—Duty to repair

This clause amends section 23 to insert references to the Heavy Vehicle National Law (South Australia) and Heavy Vehicle National Regulations (South Australia). This will ensure that defects in second-hand heavy vehicles found after sale are repaired by the second-hand vehicle dealer as required by the section.

Schedule 1—Statute law revision amendment of Road Traffic Act 1961

This Schedule contains statute law revision amendments to the Act. These minor semantic changes do not alter the substantive effect of the amended provisions.

Debate adjourned on motion of Hon. S.G. Wade.


At 22:11 the council adjourned until Thursday 4 July 2013 at 11:00.


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