Heavy Vehicle Accreditation Scheme Validation Act 2013
An Act to validate certain administrative actions taken for the purposes of the Traffic Act 1925, to amend the Heavy Vehicle National Law (Tasmania) Act 2013 and for related purposes
[Royal Assent 19 November 2013]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Heavy Vehicle Accreditation Scheme Validation Act 2013 .
This Act commences on the day on which this Act receives the Royal Assent.
PART 2 - Validation of Administrative Actions Relating to Alternative Compliance Scheme
In this Part –alternative compliance accreditation means accreditation as a member of an approved alternative compliance scheme under Part VII;certificate of accreditation means –(a) a document with that title, issued by the responsible department to a person whose application for alternative compliance accreditation was approved under Part VII; or(b) a document with that title, issued by the responsible department as a replacement for a document referred to in paragraph (a) –(i) on the renewal of, or variation of, alternative compliance accreditation, under Part VII; or(ii) on the imposition under section 70 of Part VII of conditions on the alternative compliance accreditation;Commission means the Transport Commission incorporated under the Transport Act 1981 ;Part VII means Part VII of the Traffic Act 1925 , as in force during the validation period;responsible department means the responsible Department in relation to the Traffic Act 1925 ;specified date, in relation to a certificate of accreditation, means the date which is specified in the certificate of accreditation as the date up to and including which the certificate of accreditation is valid;validation period means the period commencing on 26 June 2000 and ending on the commencement of section 4 of the Heavy Vehicle National Law (Tasmania) Act 2013 .
4. Actions of officer of responsible department
(1) If, during the validation period, an officer of the responsible department exercised or performed, or purportedly exercised or performed, a power or function of the Commission under Part VII, the officer of the responsible department is taken to have exercised or performed that function or power as a delegate of the Commission.(2) No action lies against the Crown in right of Tasmania, or the Commission, in relation to any loss incurred by a person, if the loss is only incurred as a consequence of an officer of the responsible department exercising or performing, or purportedly exercising or performing, a power or function of the Commission under Part VII.
(1) For the purposes of section 66 of Part VII, the prescribed fee for the validation period is taken to be, and to have always been, $66, inclusive of GST.(2) For the avoidance of doubt, any fees, accompanying an application for alternative compliance accreditation, collected during the validation period by the Commission, are taken to have been validly imposed and collected.(3) No action lies against the Crown in right of Tasmania, or the Commission, in relation to any loss incurred by a person if the loss is only incurred as a consequence of the imposition of the payment of a fee, that, but for this section, would not have been validly imposed or collected.
6. Notification of accreditation
For the purposes of section 69 of Part VII, if there is a certificate of accreditation in relation to an alternative compliance accreditation, the Commission is taken to have given a person notice in writing of its approval of that person's application for alternative compliance accreditation by way of the certificate of accreditation.
7. Conditions of accreditation
(1) This section applies to a certificate of accreditation, in respect of an alternative compliance accreditation, that specified a list of conditions to which the alternative compliance accreditation was purportedly subject.(2) The conditions listed in a certificate of accreditation referred to in subsection (1) are taken to be conditions imposed by the Commission on the alternative compliance accreditation specified in that certificate of accreditation and to be so imposed –(a) pursuant to section 70(1) of Part VII; and(b) from the date of the certificate of accreditation; and(c) for the period the alternative compliance accreditation is –(i) effective under section 69 of Part VII; or(ii) taken to be effective under this Act.(3) For the purposes of section 70(3) of Part VII, the Commission is taken to have given a person notice in writing of its intention to impose conditions on that person's alternative compliance accreditation, if there is a certificate of accreditation which listed those conditions in respect of that person's alternative compliance accreditation.(4) No action lies against the Crown in right of Tasmania, or the Commission, in relation to any loss incurred by a person if the loss is only incurred by the person complying with a condition, listed in a certificate of accreditation, that the Commission is taken to have imposed under subsection (2) .
(1) In this section –relevant period means the period between 26 June 2000 and 21 March 2010 (both days inclusive);transitional period means the period between 22 March 2010 and 20 January 2013 (both days inclusive).(2) Despite section 69(2) of Part VII –that alternative compliance accreditation is taken to have been, unless sooner cancelled under Part VII, effective for a period commencing on the date of the certificate of accreditation and ending on the specified date.(a) if the Commission, during the relevant period –(i) approved an application for alternative compliance accreditation; or(ii) renewed, or purportedly renewed, alternative compliance accreditation; and(b) the certificate of accreditation for that alternative compliance accreditation had a specified date which was a date less than 3 years from the date of the certificate of accreditation –(3) Despite section 69(2) of Part VII –the initial accreditation is taken to have been effective for a period commencing on the date of the certificate of accreditation and ending on the specified date.(a) if the Commission, during the transitional period –(i) approved an application for alternative compliance accreditation; or(ii) renewed, or purportedly renewed, alternative compliance accreditation; and(b) the certificate of accreditation for that alternative compliance accreditation (the initial accreditation) had a specified date which was a date less than 3 years from the date of the certificate of accreditation; and(c) the Commission renewed or purported to renew the initial accreditation after the specified date–(4) No action lies against the Crown in right of Tasmania, or the Commission, in relation to any loss incurred by a person in relation to –(a) a certificate of accreditation, if the loss is incurred by reason only that the certificate had a specified date which was a date less than 3 years from the date of the certificate of accreditation; or(b) the renewal of an alternative compliance accreditation, if the loss is incurred by reason only that the accreditation was renewed earlier than it was required under Part VII to be so renewed.
PART 3 - Miscellaneous
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Minister for Infrastructure; and(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Infrastructure, Energy and Resources.
See Schedule 1 .
SCHEDULE 1 - Consequential AmendmentsThe amendments effected by Section 10 and this Schedule have been incorporated into the authorised version of the Heavy Vehicle National Law (Tasmania) Act 2013 .