Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(regulation 3)
Contents
2 Commencement
3 Definitions
4 Approved road transport compliance schemes
5 Corresponding laws
6 Corresponding provisions of the road laws of other jurisdictions
7 Statutory declarations by registered operators
8 Mutual recognition of effect of certain administrative actions of authorities of other jurisdictions
9 Mutual recognition of effect of court orders of other jurisdictions
These Regulations are the Road Transport Reform (Compliance and Enforcement) Regulations 2006 .
These Regulations commence on ...
Drafting note: For each jurisdiction implementing these Regulations, a day of commencement will be appointed in accordance with the rules of the jurisdiction that relate to the commencement of regulations.
In these Regulations:
"Act" means the Road Transport Reform (Compliance and Enforcement) Act 2003 .
4 Approved road transport compliance sch emes
For the definition of approved road transport compliance scheme in subsection 6(1) of the Act, the National Heavy Vehicle Accreditation Scheme approved in November 1997 (including any changes to that Scheme approved from time to time) is an approved road transport compliance scheme.
Drafting note: The Regulations of e ach State and Territory should prescribe for the definition of approved road transport compliance scheme any r oad transport compliance scheme that is in operation in the jurisdiction .
For paragraph ( b) of the definition of corresponding law in subsection 6(1) of the Act, the following laws are declared to be corresponding laws:
(a)
(b) ...
Drafting note: The Regulations of each jurisdiction may declare , in this provision, any law of another jurisdiction to be a corresponding law.
6 Corresponding provisions of the road laws of other jurisdictions
(1) For subsection 132(7) of the Act, a court may treat a n offence provision of a road law of another jurisdiction as a corresponding provision of an offence provision mentioned in Column 1 of Schedule 2 to the Act if :
(a) the first - mentioned offence provision relates to mass, dimension or load restraint requirements; and
(b) the court is satisfied that:
(i ) conduct t hat contraven es the first - mentioned offence provision would , if it occurred within this jurisdiction , contravene the offence provision mentioned in Schedule 2 ; or
(ii ) conduct that contravenes the first - mentioned offence provision is sufficiently similar to conduct that contravenes the offence provision mentioned in Schedule 2 that it is just to treat the first - mentioned offence provision as a corresponding provision of the offence provision mentioned in Schedule 2.
( 2 ) For subregulation (1), it is immaterial, for the purpose of determining whether a provision of a road law corresponds to a provision mentioned in Column 1 of Schedule 2, that:
(a) strict liability or absolute liability applies to some or all of the physical elements of the offence created by 1 provision but not to any elements or the same elements of the offence created by the other provision; or
(b) either of the provisions has been repealed.
7 Statutory declarations by registered operators
(1) For subsection 150(4) of the Act :
(a) the prescribed period is 14 days after the registered operator concerned is served with an infringement notice in relation to the offence, or is otherwise notified of the commission of the offence; and
(b) the prescribed manner is that the declaration is made by:
(i) if the registered operator is not a body corporate -- by the registered operator, or one of the registered operators ; or
(ii) if the registered operator is a body corporate -- by a director or secretary of the registered operator; and
(c) the prescribed information is the information mentioned in subregulation (2) or (3), as the case requires.
( 2) I f the registered operator is not a body corporate , the information is:
(a ) a statement that the declaration is made for subsection 150(4) of the Act; and
(b ) a statement that he or she was not the operator of the vehicle or combination at the time of the offence; and
(c ) the name and address of the operator of the vehicle or combination at that time .
(3) I f the registered owner is a body corporate , the information is:
(a ) a statement that the declaration is made for subsection 150(4) of the Act; and
(b ) a statement that the vehicle or combination was not being used by , or for , the body corporate at the time of the offence; and
(c ) the name and address of the operator of the vehicle or combination at that time.
(4 ) A statutory declaration that complies with this section is admissible in any proceedings as evidence of the matters stated in it.
(5 ) In this regulation:
"statutory declaration" means a statutory declaration made under the Statutory Declarations Act 1959 .
8 Mutual recognition of effect of certain administrative actions of authorities of other jurisdictions
For subsection 175(4) of the Act, the kinds of administrative actions to which section 175 of the Act applies are:
(a) a n administrative action taken under Division 1 of Part 5 of the Act (Improvement notices) ; and
(b) an administrative action taken under Division 2 of that Part (Formal warnings) ; and
(c) an administrative action taken under Division 3 of that Part (Infringement notices) .
Drafting note: The Regulations of e ach State and Territory jurisdiction should prescribe relevant kinds of administrative actions taken under the laws of th e jurisdiction .
9 Mutual recognition of effect of court orders of other jurisdictions
For subsection 176(4) of the Act, the kind s of orders to which section 176 of the Act applies are:
(a) a n order made under Division 3 of Part 6 of the Act (Fines) ; and
(b) an order made under Division 4 of that Part (Commercial benefits penalty orders) ; and
(c) an order made under Division 5 of that Part (Licensing and registration sanctions) ; and
(d) a n order made under Division 6 of that Part (Supervisory intervention orders); and
(e) an order made under Division 7 of that Part (Prohibition orders) .
Drafting note: The Regulations of e ach S tate and Territory jurisdiction should prescribe relevant kinds of court orders made under the laws of th e jurisdiction .