Commonwealth Numbered Regulations Commonwealth Numbered RegulationsFor section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedule 1 sets out model legislation.
Note 1 The model legislation does not have the force of law (see paragraph 7 (2) (a) of the NTC Act).
Note 2 These Regulations are not subject to disallowance -- see the Legislative Instruments Act 2003 , subsection 44 (2) (table, item 44) and the Legislative Instruments Regulations 2004 , regulation 8 and Schedule 2 item 7.
Note 3 These Regulations are not subject to sunsetting -- see the Legislative Instruments Act 2003 , subsection 54 (2) (table, item 51) and the Legislative Instruments Regulations 2004 , regulation 9 and Schedule 3 item 4.
Schedule 1 Text of the Model Act on Heavy Vehicle Speeding Compliance
Contents
Part 1 Preliminary matters
Division 1 Introductory matters
1. Name 8
2. Approval 8
3. Purpose and outline 9
Division 2 Interpretative provisions
4. Definitions 10
5. Examples 12
6. Notes 12
7. Gender 12
8. This Act to be read with Compliance and Enforcement Act 12
9. Relationship of this Act to other laws 13
10. Crown to be bound 14
11. Intention irrelevant in determining causation 14
12. Cause includes "contribute to causing" and "encourage" 15
13. Objective reasonableness test to be used in determining causation 15
Part 2 Specific Duties and Offences
Division 1 Duties on employers, prime contractors and operators
14. Who is an employer ? 16
15. Who is a prime contractor ? 16
16. Who is an operator ? 16
17. Duty concerning business practices 17
18. Duty to ensure offences are not committed 19
Division 2 Duties on schedulers
19. Who is a scheduler ? 22
20. Duty concerning driver's schedule 22
Division 3 Duties on loading managers
21. Who is a loading manager ? 24
22. Duty on loading managers 25
Division 4 Duties on certain consignors and consignees
23. Consignors to whom this Division applies 26
24. Consignees to whom this Division applies 26
25. Duties on consignors and consignees 26
Division 5 Certain requests, contracts etc prohibited
26. Certain requests etc prohibited 28
27. Certain contracts etc prohibited 29
28. Who are the parties in the chain of responsibility ? 29
Part 3 Compliance and enforcement provisions
Division 1 Reasonable steps
29. One method of taking reasonable steps 30
30. Additional matters concerning taking reasonable steps 31
Division 2 Evidential matters
31. Deciding what a person ought reasonably to have known 33
32. Commission of speeding offence is irrelevant to Part 2 prosecutions 33
Division 3 Enforcement powers
33. General enforcement powers 34
Division 4 Penalties
34. Penalties 34
35. Provisions relating to first offences and second or subsequent offences 35
36. Regulations 36
Schedule 1 Text of the Model Act on Heavy Vehicle Speeding Compliance
The following provisions are intended to provide the basis for nationally consistent transport laws on the topics with which they deal. They do not, of themselves, have any legal effect.
Drafting note This Bill has been drafted on the understanding that it will be made in each jurisdiction in conjunction with the equivalent of the C & E Act.
This is the Model Act on Heavy Vehicle Speeding Compliance.
This Act was approved by the Australian Transport Council on 21 December 2007.