Note— This Act and the regulations under it form part of the road transport legislation identified by section 6 of the. As part of the road transport legislation, this Act is subject to the various provisions of the Road Transport Act 2013 concerning the administration and enforcement of the road transport legislation generally. Road Transport Act 2013
(cf former Act, s 3, model provisions, s 6)
(cf former Act, s 71)
(1) This section applies to an intelligent transport system that is required or permitted to be used by or under an applicable road law or any exemption, authority or condition given or imposed by or under an applicable road law. (2) Regulations may be made for or with respect to the following matters relating to intelligent transport systems:
(a) conditions relating to intelligent transport systems, (b) regulating or prohibiting the collection, storage, use and disclosure of information obtained by the use of an intelligent transport system, or obtained for the purposes of such a system or a proposed system, (c) the records to be kept in relation to information obtained by the use of an intelligent transport system, (d) the reports to be made in relation to the operation of, or any other matter relating to, an intelligent transport system, (e) regulating or prohibiting tampering with intelligent transport systems, (f) notification of persons about whom or in respect of whom information is obtained by the use of an intelligent transport system, (g) certification of providers of intelligent transport systems or of intelligent transport systems, (h) the functions of providers and auditors of intelligent transport systems, (i) the operation of intelligent transport systems, (j) without limiting paragraph (b), the use of information obtained by the use of an intelligent transport system for compliance or other law enforcement purposes, (k) monitoring and auditing of intelligent transport systems, providers of intelligent transport systems and persons required or permitted to use intelligent transport systems, (l) the use of certificates relating to the following matters as evidence in any proceedings before a court or tribunal:
(i) conditions relating to the use of intelligent transport systems imposed under this Act or the regulations, (ii) vehicles, operators and drivers subject to conditions referred to in subparagraph (i), (iii) operators, providers and auditors of intelligent transport systems, (iv) information obtained by the use of intelligent transport systems, (v) whether an intelligent transport system was or was not subject to any malfunction at a specified time, (vi) the map used for the purposes of an intelligent transport system, (vii) reports relating to intelligent transport systems, (viii) the correct operation and functioning of an intelligent transport system, (ix) the position of a vehicle on the surface of the earth at a particular time, (x) mathematical (including statistical) procedures used in relation to information obtained by the use of an intelligent transport system, (m) the use of reports generated by an intelligent transport system as evidence in any proceedings before a court or tribunal, (n) evidentiary presumptions as to the correct operation and functioning of an intelligent transport system, other matters relating to the operation of an intelligent transport system and information obtained by using such a system, (o) specifying the nature of the evidence that may or may not be used to rebut an evidentiary presumption established by a regulation made under paragraph (n).
(1) Regulations may be made for or with respect to the management and prevention of driver fatigue in connection with the driving of heavy vehicles and heavy combinations.
(1) Regulations may be made for or with respect to the management and prevention of speeding in connection with heavy vehicles or heavy combinations.
(cf Roads Act, s 108)
(1) The Authority may issue an excess permit in respect of a vehicle.
(1) Regulations may be made for or with respect to the following matters:
(a) conditions of mass, dimension, load restraint or access concessions relating to incremental pricing charges, Note— See section 76 for the definition of mass, dimension, load restraint or access concession .(b) the determination of incremental pricing charges, (c) the notification of incremental pricing charges, (d) conditions of mass, dimension, load restraint or access concessions relating to payment (including prepayment) of incremental pricing charges, (e) the payment of money received by the Authority from incremental pricing charges to roads authorities and the use by roads authorities of that money, (f) the use of information obtained by the use of an intelligent transport system or by other means for the purposes of incremental pricing schemes, including (but not limited to) the calculation of incremental pricing charges, (g) the application of regulations made under section 11A to or in respect of the use, for the purposes of implementing and administering incremental pricing schemes, of information obtained by the use of an intelligent transport system, (h) the monitoring and auditing of incremental pricing schemes and participants in such schemes, (i) the records to be kept and information provided by such participants, (j) regulating or prohibiting the collection, storage, use and disclosure of information obtained for the purposes of incremental pricing schemes or proposed schemes, (k) without limiting paragraph (j), the use of information obtained for the purposes of an incremental pricing scheme for compliance or law enforcement purposes, (l) the use of certificates relating to the following matters as evidence in any proceedings before a court or tribunal:
(i) conditions relating to incremental pricing schemes, (ii) vehicles, operators and drivers subject to conditions referred to in subparagraph (i), (iii) information obtained by the use of intelligent transport systems or by other means and used for the purposes of incremental pricing schemes, (m) specifying the nature of the evidence that may or may not be used to rebut an evidentiary presumption established by a regulation made under paragraph (l), (n) refunds of excess charges, (o) any other matters ancillary or incidental to the operation of incremental pricing charges or schemes.
(cf model provisions, s 77)
(cf model provisions, s 78)
Note— The enforcement powers provided by this Division vary according to the risk category involved. The principal features are as follows:
(a) Minor risk breaches An authorised officer may authorise the driver to continue the journey (conditionally or unconditionally), but in particular circumstances the officer may direct the driver to rectify breaches then and there or to move the vehicle or combination to a suitable location (within a limited distance) and not proceed until breaches are rectified. (b) Substantial risk breaches An authorised officer must direct the driver not to proceed until breaches are rectified, but in particular circumstances (or acting under particular instructions) the officer may direct the driver to move the vehicle or combination to the nearest suitable location and not proceed until breaches are rectified. (c) Severe risk breaches An authorised officer must direct the driver not to proceed until breaches are rectified, but in limited particular circumstances (or acting under particular instructions) the officer may direct the driver to move the vehicle or combination to the nearest safe location and not proceed until breaches are rectified. Directions may instead be given to the operator of the vehicle or combination, who is required to ensure that the direction is carried out.
(cf model provisions, s 135) (1) This section applies to:
(a) an applicable road law offence that was committed in relation to a vehicle or combination, other than an applicable road law offence that involved a breach of a mass, dimension or load restraint requirement, or (b) an applicable road law offence that was committed in relation to a vehicle or combination and that involved a severe risk breach of a mass, dimension or load restraint requirement. (2) The court that finds a person guilty of an applicable road law offence to which this section applies may make an order that the registration of a vehicle in relation to which the offence was committed and of which the person is a registered operator is:
(a) cancelled, or (b) suspended for a specified period.
(cf model provisions, s 181) (1) An employer must not dismiss an employee or contractor, injure an employee or contractor in his or her employment or alter an employee’s or contractor’s position to his or her detriment because the employee or contractor:
(a) has assisted or has given any information to a public agency in respect of a breach or alleged breach of an Australian applicable road law, or (b) has made a complaint about a breach or alleged breach of an Australian applicable road law to the employer, a fellow employee or fellow contractor, a trade union or a public agency. (2) An employer or prospective employer must not refuse or deliberately omit to offer employment to a prospective employee or prospective contractor or treat a prospective employee or prospective contractor less favourably than another prospective employee or prospective contractor would be treated in relation to the terms on which employment is offered because the first-mentioned prospective employee or contractor:
(a) has assisted or has given any information to a public agency in respect of a breach or alleged breach of an Australian applicable road law, or (b) has made a complaint about a breach or alleged breach of an Australian applicable road law to a former employer, a former fellow employee or former fellow contractor, a trade union or a public agency. (3) A person is guilty of an offence if:
(a) the person engages in conduct that results in a contravention of subsection (1), and (b) the person is an employer of the person concerned. Maximum penalty: 100 penalty units (in the case of an individual) or 500 penalty units (in the case of a corporation). (4) A person is guilty of an offence if:
(a) the person engages in conduct that results in a contravention of subsection (2), and (b) the person is an employer or prospective employer of the person concerned. Maximum penalty: 100 penalty units (in the case of an individual) or 500 penalty units (in the case of a corporation).
(cf model provisions, s 182) (1) This section applies to a person engaged or previously engaged in the administration of this Act and (without limiting the foregoing) to:
(a) a person who is or was a delegate of the Authority, or (b) a person who is or was employed by, or engaged to provide services to or on behalf of, the Authority, or (c) a person who is or was employed by, or engaged to provide services to, a person or body engaged to provide services to the Authority.
(cf model provisions, s 188)
(cf model provisions, s 23)
Note— This Division authorises:
(a) premises of operators and a range of other premises to be inspected and searched. (b) vehicles or combinations to be inspected in any such premises and on roads, public places and certain official premises.
(1) Application of section This section applies to a vehicle or combination located at a place:
(a) on any road, or (b) in or on any public place, or (c) in or on any premises occupied or owned by the Authority or by any other public authority, whether or not the vehicle or combination is unattended. (2) Power to search An authorised officer may search a vehicle or combination for compliance purposes, if the officer believes on reasonable grounds that there may be in or on the vehicle or combination records, devices or other things that may provide evidence of an offence under a regulation made under section 11B. (3) The officer may form the necessary belief during or after an inspection or independently of an inspection.
(1) An authorised officer may exercise powers under this section if the officer believes on reasonable grounds that a driver has committed a fatigue-related offence and:
(a) that the driver is impaired by fatigue that may have been caused by the occurrence of the offence, or (b) that the commission of the offence occurred sufficiently recently that there is a risk that the driver may be impaired by fatigue.
(cf model provisions, s 50)
(cf model provisions, s 149) (1) If a body corporate commits an offence under an applicable road law, each director of the body corporate, and each person concerned in the management of the body corporate, is taken to have committed the offence and is punishable accordingly. (2) If a person who is a partner in a partnership commits an offence under an applicable road law in the course of the activities of the partnership, each other person who is a partner in the partnership, and each other person concerned in the management of the partnership, is taken to have committed the offence and is punishable accordingly. (3) If a person who is concerned in the management of an unincorporated association commits an applicable road law offence in the course of the activities of the unincorporated association, each other person concerned in the management of the unincorporated association is taken to have committed the offence and is punishable accordingly.
(1) The provisions of an applicable road law do not preclude, or otherwise affect, the operation of the work health and safety legislation.
(Section 245)