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Heavy Vehicle Accreditation Scheme Validation Bill 2013
Clause Notes
PART 1 - PRELIMINARY
Clause 1 Short title and citation
Clause 2 The Heavy Vehicle Accreditation Scheme Validation Act 2013
commences on Royal Assent.
PART 2 VALIDATION OF ADMINISTRATIVE ACTIONS RELATING TO ALTERNATIVE
COMPLIANCE SCHEME
Clause 3 Defines key terms for the purpose of Part 2 of the Act.
Sub-clause 4(1) Provides that an action taken by an officer of the Department of
Infrastructure, Energy and Resources for the purposes of administering
the alternative compliance accreditation scheme under Part VII of the
Traffic Act 1925, during the period commencing on 26 June 2000 and
ending on the commencement of section 4 of the Heavy Vehicle
National Law (Tasmania) Act 2013, is taken as being done by that
officer as a delegate of the Commission.
Sub-clause 4(2) Removes any right of action in relation to loss incurred as a
consequence of an action taken by an officer of the Department of
Infrastructure, Energy and Resources as referred to in sub-clause 4(1).
Sub-clause 5(1) Prescribes the amount of the application fee for alternative compliance
accreditation during the period commencing on 26 June 2000 and
ending on the commencement of section 4 of the Heavy Vehicle
National Law (Tasmania) Act 2013.
Sub-clause 5(2) Validates the imposition and collection of the fee referred to in sub-
clause 5(1) during the period referred to in that sub-clause.
Sub-clause 5(3) Removes any right of action in relation to loss incurred as a
consequence of the imposition and collection of the fee referred to in
sub-clause 5(1) during the period referred to in that sub-clause.
Clause 6 A certificate of accreditation issued to a person is taken to be a notice in
writing from the Commission that their application for alternative
compliance accreditation had been approved.
Sub-clause 7(1) This applies the provisions of section 7 of the Act to a certificate of
accreditation in respect of an alternative compliance accreditation that is
subject to conditions specified in that certificate.
Sub-clause 7(2) Provides that the conditions specified in a certificate of accreditation
referred to in sub-clause 7(1) are taken to be conditions imposed by the
Commission under section 70(1) of the Traffic Act 1925, commencing
Heavy Vehicle Accreditation Scheme Validation Bill 2013
Clause Notes
on the date the certificate of accreditation was issued and for the period
the accreditation is effective.
Sub-clause 7(3) The Commission's intention to impose conditions on a person's
alternative compliance accreditation is taken to be a notice in writing if a
certificate of accreditation listing those conditions has been issued to
the person.
Sub-clause 7(4) Removes any right of action in relation to loss incurred as a
consequence of the imposition of conditions referred to in sub-clause
7(2).
Sub-clause 8(1) Provides definitions for the purpose of section 8 of the Act.
Sub-clause 8(2) Section 69 of the Traffic Act 1925 currently provides that accreditation
period is for a 3 year period. This sub-clause validates the approval,
renewal, or purported renewal of an alternative compliance accreditation
during the period between 26 June 2000 and 21 March 2010(both days
inclusive) whereby a certificate of accreditation was issued to a person
with a specified date of less than 3 years from the date of the certificate
of accreditation. It sets the accreditation period as commencing on the
date of the certificate of accreditation and ending on the specified date
in that certificate.
Sub-clause 8(3) Section 69 of the Traffic Act 1925 currently provides that accreditation
period is for a 3 year period. This sub-clause validates an approval,
renewal, or purported renewal of an alternative compliance accreditation
during the period between 22 March 2010 and 20 January 2013 (both
days inclusive) whereby a certificate of accreditation was issued to a
person with a specified date of less than 3 years and the Commission
renewed or purported to renew an alternative compliance accreditation
after the specified date. The period of accreditation is taken to have
commenced on the date of the certificate and to have ended on the
specified date in that certificate.
Sub-clause 8(4) Removes any right of action that may have arisen in relation to loss
incurred as a consequence of a certificate of accreditation being issued
with a specified date of less than 3 years from the date of the certificate
or the renewal of an alternative compliance accreditation earlier than it
was required under Part VII of the Traffic Act.
PART 3 MISCELLANEOUS
Clause 9 Assigns administration of the Act to the Minister for Infrastructure and
the Department of Infrastructure, Energy and Resources.
Clause 10 Provides that the Heavy Vehicle National Law (Tasmania) Act 2013 is
amended as specified in Schedule 1 to the Act.
Heavy Vehicle Accreditation Scheme Validation Bill 2013
Clause Notes
Heavy Vehicle Accreditation Scheme Validation Bill 2013
Clause Notes
SCHEDULE 1 CONSEQUENTIAL AMENDMENTS
Clause 1 Amends section 39 of the Heavy Vehicle National Law (Tasmania) Act
2013 as follows:
(a) This sub-clause removes a provision that is no longer required
due to the periods of alternative compliance accreditation
being included in this Amendment Bill.
(b) This sub-clause removes a provision that is no longer required
due to the periods of alternative compliance accreditation
being included in this Amendment Bill
(c) This sub-clause clarifies that the alternative compliance
accreditation is subject to the terms and conditions that applied
immediately before the commencement day .
(d) This sub-clause clarifies that the alternative compliance
accreditation is subject to the terms and conditions that applied
immediately before the commencement day.
(e) This sub-clause clarifies that this section will apply to all
relevant provisions under the Heavy Vehicle National Law.
(f) This sub-clause clarifies that this section will apply to all
relevant provisions under the Heavy Vehicle National Law.