Heavy Vehicle National Law Moves Ahead Receiving Assent in South Australia

The Heavy Vehicle National Law (South Australia) Act 2013 (No 36) along with the Statutes Amendment (Heavy Vehicle National Law) Act 2013 (No 35) received assent on 1 August 2013 the purpose of the legislation is to establish a national system of heavy vehicle regulation governed by one national law, that brings together model legislation developed through national heavy vehicle regulatory reforms over the last 20 years and covering areas such as registration, fatigue management, accreditation schemes, mass, dimension and loading limits, compliance requirements and enforcement powers for all heavy vehicles over 4.5 tonnes. While enacted as yet both pieces of legislation remain to be proclaimed.

Background

In his second reading speech the Minister for Transport described the legislation as "enabling South Australia to fulfil its commitments under the Council of Australian Governments' Intergovernmental Agreement on Heavy Vehicle Regulatory Reform (IGA)".

The heavy vehicle reform is describe by the Minister as "one of the competition reform priorities under the National Partnership Agreement to Deliver a Seamless National Economy..." and is the last of three transport regulatory reforms to be considered by the South Australian Parliament, following on the passage of the Rail Safety National Law (South Australia) Act 2012 and the Marine Safety (Domestic Commercial Vessel) National Law (Application) Bill 2013.

The National Law also includes matters not the subject of the model legislation on which it is based but which are necessary for the National Law to be self-contained and fully operational, examples of such matters given by the Minister in his speech included:

• legislative provisions establishing a National Regulator as a corporate entity to administer the scheme,

• associated financial controls and governance structures;

• a review and appeals system; and

• requirements regulating the use and release of information.

The legislation also includes savings and transitional provisions "to enable the smooth transfer of business to the new national system, for example, recognition of things done under corresponding provisions of former jurisdictional laws".

The reform is described by the Minister as recognising "the importance of national consistency in heavy vehicle law and regulations, and the huge contribution made by the transport industry to the national economy."

Development of the National Law

The legislation came about through the Council of Australian Governments (COAG) where it was agreed that the National Regulator established under the legislation would be based in Queensland and that the National Law would be introduced in Queensland and then the various jurisdictions would apply the law as a law of their own jurisdiction.

The National Law was passed by the Parliament of Queensland on 23 August 2012 and the National Heavy Vehicle Regulator (National Regulator) Board and Chief Executive were appointed at the end of last year.

The Queensland legislation to date is as follows:

• Heavy Vehicle National Law Act 2012 (No 21 of 2012) (yet to fully commence)

• Heavy Vehicle National Law Amendment Act 2013 - No 4 of 2013

To date similar legislation has also been enacted in the following jurisdictions as follows:

New South Wales

• Heavy Vehicle (Adoption of National Law) Act 2013 (No 42 of 2013) (yet to commence)

Victoria

• Heavy Vehicle National Law Application Act 2013 (No 30 of 2013) (yet to commence)

Tasmania

• Heavy Vehicle National Law (Tasmania) Act 2013 (No 30 of 2013) (yet to commence)

Source 
Legislation and Ministers second reading speech as reported by the TimeBase LawOne Service.

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