Table Of Contents

Heavy Vehicle (Adoption of National Law) Act 2013 No 42

An Act to make provision for a national scheme for facilitating and regulating the use of heavy vehicles on roads; and for other purposes.
Part 1 Preliminary
1   Name of Act
This Act is the Heavy Vehicle (Adoption of National Law) Act 2013.
2   Commencement
(1)  This Act commences on a day or days to be appointed by proclamation.
(2)  Different days may be appointed under subsection (1) for the commencement of different provisions of the Heavy Vehicle National Law (NSW).
3   Definitions
(1)  In this Act:
function includes a power, authority or duty, and exercise a function includes perform a duty.
Heavy Vehicle National Law (NSW) means the provisions applying in this jurisdiction because of section 4.
Heavy Vehicle National Regulations (NSW) means the provisions applying in this jurisdiction because of section 5.
modification includes addition, omission or substitution.
national regulations means the regulations, as amended from time to time, under the Heavy Vehicle National Law set out in the Schedule to the Queensland Act.
Queensland Act means the Heavy Vehicle National Law Act 2012 of Queensland.
RMS means Roads and Maritime Services constituted under the Transport Administration Act 1988.
(2)  Terms used in this Act and also in the Heavy Vehicle National Law set out in the Schedule to the Queensland Act have the same meanings in this Act as they have in that Law.
(3)  Notes included in this Act do not form part of this Act.
Part 2 Application of Heavy Vehicle National Law and National Regulations
4   Application of Heavy Vehicle National Law
The Heavy Vehicle National Law, as amended from time to time, set out in the Schedule to the Queensland Act:
(a)  applies as a law of this jurisdiction, and
(b)  as so applying may be referred to as the Heavy Vehicle National Law (NSW), and
(c)  so applies as if it were an Act.
5   Application of regulations under Heavy Vehicle National Law
The national regulations:
(a)  apply as regulations in force for the purposes of the Heavy Vehicle National Law (NSW), subject to modifications prescribed by the regulations under this Act, and
(b)  as so applying may be referred to as the Heavy Vehicle National Regulations (NSW).
6   Exclusion of legislation of this jurisdiction
(1)  The following Acts of this jurisdiction do not apply to the Heavy Vehicle National Law (NSW) or to instruments made under that Law:
(c)  the Interpretation Act 1987, except:
(i)  Part 6A, and
(ii)  sections 40 and 41, as applying under section 8 of this Act, and
(iii)  provisions prescribed by the regulations under this Act,
(2)  However, the Acts referred to in subsection (1) (so far as they are relevant) apply to a government sector agency or a government sector employee exercising a function under the Heavy Vehicle National Law (NSW).
(3)  The Public Finance and Audit Act 1983 does not apply to the Heavy Vehicle National Law (NSW) or to instruments made under that Law, except to the extent that that Law and those instruments apply to:
(a)  a government sector agency and the employees, decisions, actions and records of the government sector agency in carrying out a function, or
(b)  the Auditor-General in carrying out an audit as required by a national regulation made under section 693 (3) (b) of the Heavy Vehicle National Law (NSW).
(4)  To avoid doubt, this section does not limit the application of:
(a)  the Interpretation Act 1987 to a provision of this Act, or
(b)  the Subordinate Legislation Act 1989 to regulations under this Act.
(5)  In this section:
government sector agency means:
(a)  the Public Service or any other service of the Crown, or
(b)  a NSW Government agency, or
(c)  an entity constituted by or under an Act or exercising public functions (such as a State owned corporation), being an entity that is prescribed by the regulations under this Act for the purposes of this definition,
but does not include the Regulator.
government sector employee means a person employed on any basis, or on secondment, in a government sector agency.
7   Application of Ombudsman Act 1974
The Ombudsman Act 1974 applies to functions of the Regulator exercisable in relation to this jurisdiction as if the Regulator were a public authority under that Act.
8   Scrutiny and disallowance of national regulations
(1)  Sections 40 and 41 of the Interpretation Act 1987 and the provisions of the Legislation Review Act 1987 apply to a national regulation in the same way as they apply to a statutory rule.
(2)  However, if a national regulation is disallowed in this jurisdiction, the regulation does not cease to have effect in this jurisdiction unless the regulation is disallowed in a majority of the participating jurisdictions (and, in such a case, the regulation ceases to have effect on the date of its disallowance in the last of the jurisdictions forming the majority).
(3)  In this section:
national regulation includes a provision of a national regulation.
Part 3 Meaning of terms for Heavy Vehicle National Law (NSW) and National Regulations (NSW)
9   Interpretation of certain expressions
In the Heavy Vehicle National Law (NSW) and the Heavy Vehicle National Regulations (NSW):
police officer means a police officer within the meaning of the Interpretation Act 1987.
this jurisdiction means New South Wales.
10   Police officers who are authorised officers
Every police officer is declared to be an authorised officer for the purposes of the Heavy Vehicle National Law (NSW).
Note—
See section 5 of the Heavy Vehicle National Law (NSW) for the definition of authorised officer.
11   Authorised warrant official
A Magistrate is declared to be an authorised warrant official for this jurisdiction for the purposes of the Heavy Vehicle National Law (NSW).
Note—
See section 5 of the Heavy Vehicle National Law (NSW) for the definition of authorised warrant official.
12   Infringement Notice Offences Law
The following Acts (and the regulations under those Acts) are declared to be the Infringement Notice Offences Law for the purposes of the Heavy Vehicle National Law (NSW):
(a)  section 195 of the Road Transport Act 2013,
(b)  the Fines Act 1996.
Note—
See section 5 of the Heavy Vehicle National Law (NSW) for the definition of Infringement Notice Offences Law.
13   Local government authority
A council within the meaning of the Local Government Act 1993 is declared to be a local government authority for this jurisdiction for the purposes of the Heavy Vehicle National Law (NSW).
Note—
See section 5 of the Heavy Vehicle National Law (NSW) for the definition of local government authority.
14   Relevant tribunal or court
The Local Court is declared to be the relevant tribunal or court for this jurisdiction for the purposes of the Heavy Vehicle National Law (NSW).
Note—
See section 5 of the Heavy Vehicle National Law (NSW) for the definition of relevant tribunal or court.
15   Responsible Minister
The Minister responsible for administering this Act is nominated as the responsible Minister for this jurisdiction for the purposes of the Heavy Vehicle National Law (NSW).
Note—
See section 5 of the Heavy Vehicle National Law (NSW) for the definition of responsible Minister.
16   Road authority
RMS is declared to be the road authority for this jurisdiction for the purposes of the Heavy Vehicle National Law (NSW).
Note—
See section 5 of the Heavy Vehicle National Law (NSW) for the definition of road authority.
17   Road manager
(1)  A roads authority for a public road under the Roads Act 1993 is declared to be the road manager for that road for the purposes of the Heavy Vehicle National Law (NSW).
Note—
See section 5 of the Heavy Vehicle National Law (NSW) for the definition of road manager.
(2)  To avoid doubt, a reference in this section to a roads authority is not affected by section 16 (which declares RMS to be the road authority for the purposes of the Heavy Vehicle National Law (NSW)).
18   Road Rules
The Road Rules 2008 are declared to be the Road Rules for the purposes of the Heavy Vehicle National Law (NSW).
Note—
See section 5 of the Heavy Vehicle National Law (NSW) for the definition of Road Rules.
19   Meaning of road and road-related area
(1)  If a declaration in an order made under section 18 of the Road Transport Act 2013 is in force to the effect that the road transport legislation (within the meaning of that Act) applies to a specified area, the area to which the declaration relates is declared to be a road-related area for the purposes of the Heavy Vehicle National Law (NSW).
Note—
Section 8 (3) of the Heavy Vehicle National Law (NSW) provides for the declaration of an area to be a road or road-related area for the purposes of that Law.
(2)  If a declaration in an order made under section 18 of the Road Transport Act 2013 is in force to the effect that the road transport legislation (within the meaning of that Act) does not apply to a specified road, the road to which the declaration relates is taken not to be a road or road-related area (as the case requires) for the purposes of the Heavy Vehicle National Law (NSW).
20   Meaning of convicts and convicted of an offence
To avoid doubt, section 9 of the Heavy Vehicle National Law (NSW) applies only for the purposes of that Law and offences under that Law and not for the purposes of any other law of this jurisdiction.
21   Primary WHS Law
The Work Health and Safety Act 2011 and the regulations under that Act are declared to be the primary WHS Law for the purposes of the Heavy Vehicle National Law (NSW).
Note—
See section 18 (4) of the Heavy Vehicle National Law (NSW) for the definition of primary WHS Law.
22   Meaning of relevant law
The following Acts are specified for the purposes of the definition of relevant law in section 727 (1) of the Heavy Vehicle National Law (NSW):
(a)  the Roads Act 1993,
(d)  the Ombudsman Act 1974,
(e)  any other Act prescribed by the regulations under this Act.
Part 4 Registration of heavy vehicles
23   Application of Part
This Part applies for the period beginning on the commencement of section 4 and ending on the commencement of section 25.
24   Registration provisions of Heavy Vehicle National Law do not apply
Chapter 2 of the Heavy Vehicle National Law set out in the Schedule to the Queensland Act does not apply as a law of this jurisdiction.
25   Repeal of Part
This Part is repealed.
Part 5 Offences and legal proceedings
26   Persons who may commence proceedings for offences
Proceedings for an offence against the Heavy Vehicle National Law (NSW) or the Heavy Vehicle National Regulations (NSW) may be commenced by:
(a)  the Regulator, or
(b)  RMS, or
(c)  a person who is authorised in writing to do so either generally or in any particular case by the Regulator or RMS, or
(d)  a police officer.
27   Evidence of speed
(1)  This section provides for evidence that may be given in relation to the speed of a heavy vehicle where, in proceedings for an offence against the Heavy Vehicle National Law (NSW) or the Heavy Vehicle National Regulations (NSW), the speed at which the heavy vehicle travelled is relevant.
(2)  Evidence that is obtained or may be given under Part 5.3 of the Road Transport Act 2013 may be given in the proceedings.
(3)  Without limiting subsection (2), a certificate under Part 5.3 of the Road Transport Act 2013 is admissible in the proceedings and is prima facie evidence of the matters to which the certificate relates.
(4)  This section does not derogate from any other mode of proof of the speed of the heavy vehicle.
(5)  For the purpose of a proceeding for an offence against the Heavy Vehicle National Law (NSW) or the Heavy Vehicle National Regulations (NSW), in which the speed at which a heavy vehicle travelled is relevant, if a heavy vehicle that is being towed is attached to a heavy vehicle, the heavy vehicle and the towing heavy vehicle are to be taken to be travelling at the same speed.
Part 6 Miscellaneous
28   Regulations
(1)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2)  The power to make regulations includes the power to make such regulations as are contemplated by the Heavy Vehicle National Law (NSW) as being made under this Act.
(3)  Without limitation, the regulations may:
(a)  prescribe modifications to the national regulations, including modifications to the operation of those regulations, to the extent that they apply as a law of this jurisdiction, and
(b)  prescribe offences for the purposes of section 591 of the Heavy Vehicle National Law (NSW), and
(c)  prescribe a notice that may be served under section 591 of the Heavy Vehicle National Law (NSW), and
(d)  provide that a provision of a law of another participating jurisdiction is to have effect (generally or in particular circumstances, and with or without modifications, as provided in the regulations) as if the provision formed part of the Heavy Vehicle National Law set out in the Schedule to the Queensland Act or that Law as applied in a participating jurisdiction.
(4)  The regulations may create offences punishable by a penalty not exceeding 100 penalty units.
(5)  An offence created by the regulations is a summary offence.
Schedule 1 Savings, transitional and other provisions
Part 1 General
1   Regulations
(1)  The regulations under this Act may contain provisions of a savings or transitional nature consequent on the enactment of this Act, or the application of the Heavy Vehicle National Law (NSW), or any Act that amends this Act or that Law.
(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as:
(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.