An Act to make provision for registration of heavy vehicles and
for related matters as part of the system of nationally consistent road
transport laws
Part 1—Preliminary
1
Short title [see
Note 1]
This Act may be cited as the Road
Transport Reform (Heavy Vehicles Registration) Act 1997.
2
Definitions
In this Act, unless the contrary
intention appears:
defective heavy vehicle means a heavy vehicle
that does not comply with a provision of the Road Transport Reform (Heavy
Vehicle Standards) Regulations 1995 that applies to it.
garage address of a vehicle means the
principal depot or base of operations of the vehicle.
GCM (gross combination mass) of a motor
vehicle means the greatest possible sum of the maximum loaded mass of the motor
vehicle and of any vehicles that may lawfully be towed by it at one time:
(a) as specified by the motor
vehicle’s manufacturer; or
(b) as specified by the registration authority
if:
(i) the manufacturer has
not specified the sum of the maximum loaded mass; or
(ii) the manufacturer
cannot be identified; or
(iii) the vehicle has been
modified to the extent that the manufacturer’s specification is no longer
appropriate.
GVM (gross vehicle mass) of a vehicle means
the maximum loaded mass of the vehicle:
(a) as specified by the vehicle’s
manufacturer; or
(b) as specified by the registration
authority if:
(i) the manufacturer has
not specified a maximum loaded mass; or
(ii) the manufacturer
cannot be identified; or
(iii) the vehicle has been
modified to the extent that the manufacturer’s specification is no longer
appropriate.
heavy vehicle means a motor vehicle or
trailer that has a GVM greater than 4.5 tonnes.
infringement notice means a notice giving a
person alleged to have committed an offence against the regulations the option
of paying an amount instead of being charged with the offence.
jurisdiction means the State or internal
Territory concerned.
motor vehicle means a vehicle that is built
to be propelled by a motor that forms part of the vehicle.
register means the register of heavy vehicles
maintained in accordance with the regulations.
registered operator of a heavy vehicle means
the person recorded on the register as the person responsible for the vehicle.
registration authority means the authority
appointed by the Minister under section 8.
road means an area that is open to or used by
the public and is developed for, or has as one of its main uses, the driving or
riding of motor vehicles.
road related area means:
(a) an area that divides a road; or
(b) a footpath or nature strip
adjacent to a road; or
(c) an area that is open to the public
and is designated for use by cyclists or animals; or
(d) an area that is not a road and
that is open to or used by the public for driving, riding or parking motor
vehicles; or
(e) any other area that is open to or
used by the public and that has been declared under section 27 to be an
area to which specified regulations apply.
stamp duty legislation means legislation
relating to the payment of stamp duty on the registration or transfer of
registration of a motor vehicle or trailer.
third party insurance legislation means
legislation relating to:
(a) compensation in respect of third
parties who are injured or killed by the use of motor vehicles or trailers; or
(b) payment of contributions towards
compensation of that kind.
trailer means a vehicle that is built to be
towed, or is towed, by a motor vehicle, but does not include a motor vehicle
that is being towed.
use of a vehicle includes standing the
vehicle on a road or road related area.
3
Purpose
(1) The purpose of this Act is to make
provision for the registration of heavy vehicles and for related matters in the
Australian Capital Territory and the Jervis Bay Territory.
(2) It is intended that:
(a) the States and the Northern Territory will:
(i) adopt section 2,
Division 1 of Part 2, and Parts 3 and 4, as in force from time
to time; and
(ii) adopt the regulations
as in force from time to time;
in accordance with the
agreements scheduled to the National Road Transport Commission Act
1991 as part of the uniform national road transport legislation envisaged
by that Act; and
(b) when adopted, section 2,
Division 1 of Part 2, and Parts 3 and 4 and the regulations,
will constitute the primary law of the States and the Northern Territory about
the registration of heavy vehicles.
(3) This Act and the adopted laws are
intended to improve road safety and transport efficiency, and reduce the costs
of administering road transport.
4
Binding the Crown
(1) This Act and the regulations bind the
Crown in all its capacities.
(2) It is intended that an adopting law of a
State or of the Northern Territory will bind the Crown in all its capacities.
(3) For that purpose, an adopting law of a
State or of the Northern Territory may bind the Crown in right of the
Commonwealth.
5
Application of Commonwealth Acts Interpretation Act
(1) The provisions of the Acts
Interpretation Act 1901 of the Commonwealth apply to the interpretation of
section 2 and Parts 2, 3 and 4 and of the regulations in their
application to the Australian Capital Territory and the Jervis Bay Territory,
except that:
(a) Gazette is to refer
to the Australian Capital Territory Gazette; and
(b) Minister is to refer
to the responsible Minister of the Australian Capital Territory.
(2) It is intended that the provisions of the
Acts Interpretation Act 1901 of the Commonwealth will be applied to the
interpretation of section 2 and Division 1 of Part 2 and Parts 3
and 4 and the regulations when they are adopted by each State and the Northern
Territory, except that:
(a) Gazette is to refer
to the Government Gazette of the jurisdiction concerned; and
(b) Minister is to refer
to the responsible Minister of the jurisdiction concerned.
(3) This section does not prevent the
interpretation legislation of a State or an internal Territory applying to the
interpretation of those provisions of this Act as it applies in the State or Territory
to the extent that it can do so consistently with the application of the Acts
Interpretation Act 1901 of the Commonwealth.
6
Status of this Act under Commonwealth and ACT laws
(1) For the purposes of the laws of the
Commonwealth and the laws of the Australian Capital Territory, this Act is
taken to be a law made by the Legislative Assembly for the Australian Capital
Territory under subsection 22(1) of the Australian Capital Territory
(Self‑Government) Act 1988.
(2) Subsection (1) does not empower the
Legislative Assembly for the Australian Capital Territory to make a law
amending or repealing this Act.
(3) In this section:
laws of the Commonwealth does not include:
(a) this section or section 4; or
(b) sections 31, 33 and 35 of the
Australian Capital Territory (Self‑Government) Act 1988.
7A Criminal
Code does not apply
Chapter 2 of the Criminal Code
does not apply in relation to, or in relation to matters arising under,
offences created by this Act.
Part 2—Registration system
Division 1—Registration authority
8
Minister to appoint a registration authority
The Minister is, by notice in the Gazette,
to appoint an authority to administer the registration system established by
the regulations.
9
Functions of registration authority
The functions of the registration
authority are:
(a) to administer the registration
system established by the regulations; and
(b) to maintain a register of heavy
vehicles in accordance with the regulations; and
(d) to provide information about heavy
vehicles and registered operators in accordance with the regulations.
10
Powers of registration authority
(1) For the purpose of carrying out its
functions, the registration authority may, in accordance with the regulations:
(a) register or refuse to register a
heavy vehicle; and
(b) renew or refuse to renew the
registration of a heavy vehicle; and
(c) transfer or refuse to transfer the
registration of a heavy vehicle from one person to another; and
(d) permit or refuse to permit the use
of an unregistered heavy vehicle; and
(e) impose conditions on the
registration of a heavy vehicle or on a permission to use an unregistered heavy
vehicle; and
(f) cancel or suspend the
registration of a heavy vehicle; and
(h) specify a GCM for a motor vehicle
in the circumstances envisaged in paragraph (b) of the definition of GCM
in section 2; and
(i) specify a GVM for a motor vehicle
or trailer in the circumstances envisaged in paragraph (b) of the
definition of GVM in section 2; and
(j) require proof of compliance with
any applicable third party insurance legislation and stamp duty legislation;
and
(k) fix fees for services provided by
the registration authority in connection with the registration, or the late
renewal of registration, of heavy vehicles; and
(l) exercise other powers conferred
by the regulations.
(2) The registration authority must cause
details of fees fixed under subsection (1) to be published in the Gazette.
11
Registration authority not to register heavy vehicles based outside the
jurisdiction
The registration authority must not
register a heavy vehicle unless it is satisfied that the vehicle’s garage
address is in the jurisdiction in which it is to be registered.
12
Register does not provide evidence of title
The register does not provide evidence
of title to any motor vehicle or trailer.
13
Security of information in register
The registration authority must ensure
that the information in the register that is of a personal nature or that has
commercial sensitivity for the person about whom it is kept is not released
except as provided by the regulations or under another law.
14
Delegation by registration authority
The registration authority may, by
signed instrument, delegate to a prescribed person all or any of its powers
under this Act or the regulations.
15
Ownership of documents etc.
Any devices, plates or documents issued
by the registration authority for the purpose of authorising the use of a heavy
vehicle remain the property of the authority.
Division 2—Regulations
16
Regulations
(1) The Governor‑General may make
regulations, to apply as laws of the Australian Capital Territory and of the Jervis Bay Territory, prescribing matters:
(a) required or permitted to be
prescribed by this Act; or
(b) necessary or convenient to be prescribed
for carrying out or giving effect to this Act.
(2) The regulations may specify that the
provisions of the regulations commence on a day or days specified by the
Commonwealth Minister for the time being administering this Act, by notice in
the Commonwealth of Australia Gazette.
17
Regulations to establish a registration system
(1) The regulations are to provide a system
of registration of heavy vehicles that are used on roads or road related areas
that:
(a) provides a means of authorising
the use of heavy vehicles on roads or road related areas; and
(b) enables the identification of each
heavy vehicle that is used on a road or a road related area, and of the person
responsible for it.
(2) Without limiting the scope of regulations
under subsection (1), the regulations may:
(a) fix the periods for which the
registration of heavy vehicles may be effected or renewed; and
(b) provide for the calculation of
registration charges for the registration of heavy vehicles for periods of less
than 12 months; and
(c) provide for the issue of
infringement notices for specified offences against the regulations; and
(d) provide for the recognition by the
registration authority of things done under a corresponding law of another
jurisdiction; and
(e) allow the registration authority
to enter into agreements with registered operators about rights to use special
number plates; and
(g) fix fees for services provided by
the registration authority in connection with the registration, or the late
renewal of registration, of heavy vehicles; and
(h) provide for the approval by the
registration authority of the form in which applications are to be made to the
authority, and the form in which documents are to be issued by the authority,
for the purposes of the regulations.
18
Regulations may exclude heavy vehicles from this Act
(1) The regulations may provide that this Act
does not apply to a heavy vehicle, or heavy vehicles of a kind, identified in
the regulations.
(2) The regulations may allow the
registration authority to exempt a heavy vehicle from the requirement to be
registered subject to compliance with conditions specified in the regulations.
19
Review of decisions
The regulations are to provide a system
for review of decisions of the registration authority identified in the
regulations.
Part 3—Offences, penalties and evidence
20
Prohibition on using unregistered heavy vehicles
(1) A person who uses a heavy vehicle that is
not registered in any jurisdiction on a road or on a road related area is guilty
of an offence.
(2) Subsection (1) does not apply to the
use of a heavy vehicle in such a place if:
(a) the vehicle is one to which this
Act does not apply; or
(b) the use is otherwise permitted
under the regulations.
21
Obtaining registration by false statements
(1) A person is guilty of an offence if the
person:
(a) by a false statement or any
misrepresentation or other dishonest means, attempts to register a heavy
vehicle, or renew the registration of a heavy vehicle, under this Act; or
(b) without lawful authority or excuse
possesses a device, plate or document obtained using those means.
(2) A device, plate or document so obtained
is void, and the registration authority may alter the register accordingly.
22
Using heavy vehicles contrary to conditions or prohibitions
A person who uses a heavy vehicle
contrary to conditions or a prohibition imposed under section 28 is guilty
of an offence.
23
Obligations of registered operator
(1) This Act and the regulations do not
affect the obligations of the registered operator of a heavy vehicle to comply
with any applicable third party insurance legislation and stamp duty
legislation.
(2) The registered operator of a heavy
vehicle must, in accordance with the regulations:
(a) ensure that any devices, plates
and documents issued by the registration authority are installed or displayed
on the vehicle; and
(b) while operating the vehicle, carry
or cause the driver to carry, documents prescribed by the regulations; and
(c) when required to do so by the
registration authority, produce documents prescribed by the regulations; and
(d) comply with any directions given
by, and conditions imposed by, the registration authority about the
registration of the vehicle; and
(e) keep records required to be kept by
the regulations about the registration of the vehicle.
24
Penalties for offences
(1) The maximum penalty for an offence
against this Act is:
(a) if the offender is an individual:
(i) $2,500 for a first
offence; and
(ii) $5,000 for a second or
subsequent offence; or
(b) if the offender is a body
corporate:
(i) $12,500 for a first
offence; and
(ii) $25,000 for a second
or subsequent offence.
(2) The regulations may create offences for
breaches of the regulations.
(3) The regulations may prescribe penalties,
not exceeding $2,000 for individuals or $10,000 for bodies corporate, for
offences against the regulations.
25
Evidentiary provisions
(1) A court may admit as evidence a document
that appears to be signed on behalf of the registration authority certifying a
matter that appears in or can be calculated from the register or another record
kept by the registration authority.
(2) A court may admit as evidence a document
that is issued under a corresponding law of another jurisdiction and that relates
to:
(a) the registration or non‑registration
of a heavy vehicle; or
(b) the person recorded on the
register as the registered operator of a heavy vehicle; or
(c) the GCM, GVM, load capacity or
identification of a motor vehicle; or
(d) another matter relating to the use
of heavy vehicles on roads or road related areas.
(3) The court must accept the documents as
proof of the facts stated in them if there is no evidence to the contrary.
(4) A court may admit into evidence other
documents prescribed by the regulations in the circumstances set out in the
regulations.
Part 4—General
26
Application orders and emergency orders
(1) The Minister may order, by notice in the Gazette,
that the operation of the regulations, or of specified parts of the regulations:
(a) is suspended for a specified
period; or
(b) is varied in a manner specified by
the Minister.
(2) An order must be consistent with the
provisions relating to application orders and emergency orders in the
agreements scheduled to the National Road Transport Commission Act
1991 of the Commonwealth.
(3) An order may have effect for the whole of
the jurisdiction or for a specified area.
(4) If the Ministerial Council for Road
Transport terminates an emergency order, the Minister must publish notice of
the termination in the Gazette.
27
Power to include or exclude areas
(1) The Minister may declare, by notice in
the Gazette, that this Act and the regulations, or specified provisions
of this Act or the regulations:
(a) apply to a specified area of the
jurisdiction that is open to or used by the public; or
(b) do not apply to a specified road
or road related area.
(2) The declaration has effect until it is
revoked, or for the period specified in the declaration.
28
Defective heavy vehicles
(1) A member of the police force, or the
registration authority, may inspect a heavy vehicle for the purpose of deciding
its identity, condition or the status of any registration or permit relating to
the vehicle.
(2) A member of the police force, or the registration
authority, may, in accordance with the regulations, on discovering a defective
heavy vehicle:
(a) issue a warning or a defect
notice; or
(b) impose conditions on the use of
the vehicle; or
(c) prohibit the use of the vehicle.
(3) A defect notice may be withdrawn in
accordance with the regulations.
(4) After inspecting a heavy vehicle, a
member of the police force, or the registration authority, may seize any
device, plate or document in or on the vehicle if it is suspected on reasonable
grounds that the device, plate or document is being used in committing an
offence against this Act or the regulations.
29
Indemnity
(1) An individual does not incur civil
liability for an act or omission done honestly and in good faith in the course
of his or her duties under this Act or the regulations
(2) A liability that would, apart from this
section, attach to an individual attaches instead to the registration
authority.