An Act to amend the Heavy Vehicle (Adoption of National Law) Act 2013, the Road Transport Act 2013 and the Road Transport (Vehicle Registration) Regulation 2017 in connection with heavy vehicles; to amend the Local Government Act 1993 and the Motor Vehicles Taxation Act 1988 to increase certain penalties; and for other purposes.
1 Name of Act
This Act is the Road Transport Legislation Miscellaneous Amendments Act 2018.
2 Commencement
(1) This Act commences on 1 July 2018, except as provided by subsection (2).(2) Schedule 1.1 commences on a day or days to be appointed by proclamation.
Schedule 1 Amendment of legislation
[1] Section 25A Authorisation for section 688 of Heavy Vehicle National Law (NSW) (Payments into Fund)
Omit “any regulatory component that may be prescribed by the national regulations for the purposes of the definition of road use component in section 688 (3) of that Law”.Insert instead “the regulatory component of the charges payable for the registration of a heavy vehicle as prescribed by the national regulations”.
[2] Section 26 Requirement for driver of heavy motor vehicle to produce Australian driver licence
Omit the section.
[3] Section 27D Offences for which mistake of fact defence unavailable
Omit the section.
[4] Section 27F Section 10 of Crimes (Sentencing Procedure) Act 1999 not applicable in certain circumstances
Omit section 27F (2) (b).
[5] Schedule 1 Modification of Heavy Vehicle National Law as applying in New South Wales
Omit Schedule 1.2 [20].
[1] Section 650 Free parking areas
Omit “5 penalty units” from section 650 (1). Insert instead “10 penalty units”.
[2] Section 650A Strata parking areas and community scheme parking areas
Omit “5 penalty units” from section 650A (1). Insert instead “10 penalty units”.
Section 9 Unregistered vehicles and vehicles upon which tax has not been paid
Omit “6 penalty units” from section 9 (1). Insert instead “10 penalty units”.
[1] Section 4 Definitions
Insert in alphabetical order in section 4 (1):heavy vehicle number-plate means a number-plate issued by the Authority in connection with the registration of a heavy vehicle, but does not include a special number-plate or a number-plate, or class of number-plates, as may be determined by the Authority.
[2] Section 67A
Insert after section 67:67A Transfer of ownership of heavy vehicle number-plates to road authority of participating jurisdiction(1) Despite section 67, a heavy vehicle number-plate issued by the Authority in connection with the registration of a heavy vehicle becomes, on the subsequent registration of that heavy vehicle by the road authority of a participating jurisdiction, the property of that road authority.(2) In this section, participating jurisdiction and have the same meanings as in the Heavy Vehicle National Law (NSW).
[1] Clause 18 Definitions
Insert in alphabetical order:participating jurisdiction and have the same meanings as in the Heavy Vehicle National Law (NSW).
[2] Clause 20 Number-plates generally
Insert after clause 20 (3):(4) Despite subclauses (1) and (2), if the Authority registers a heavy vehicle that, immediately before that registration, was registered in a participating jurisdiction, the Authority may:(a) use the existing registration number of that vehicle, and(b) authorise the use of any number-plates already issued in respect of the heavy vehicle by the road authority of the participating jurisdiction.(5) If the Authority authorises the use of number-plates under subclause (4) (b), the number-plates are taken to have been issued under this Regulation.(6) Subclause (3) does not apply in respect of a heavy vehicle number-plate. However, a heavy vehicle number-plate must conform to any specifications that the Authority determines.
[3] Clause 22 Auxiliary number-plates
Insert after clause 22 (3):(3A) Subclause (3) does not apply in respect of an auxiliary number-plate that is issued in addition to a heavy vehicle number-plate. However, an auxiliary number-plate that is issued in addition to a heavy vehicle number-plate must conform to any specifications that the Authority determines.
[4] Clause 23 Authority may alter distinguishing number of registration
Insert after clause 23 (5):(6) This clause extends to a number-plate issued by a road authority of a participating jurisdiction in connection with the registration of a heavy vehicle if, at the time of the notice, the heavy vehicle is registered in this State.
[5] Schedule 3 Fees
Omit Part 3. Insert instead: