Tasmanian Numbered Acts Tasmanian Numbered Acts
- Act 19 of 2009
- Royal Assent 16 June 2009
TABLE OF PROVISIONS
Long Title
PART 1 - Preliminary Division 1 - Introduction
1. Short title
2. Commencement
3. Objects of Act
4. Act binds Crown
5. Application of Act
Division 2 - Interpretation and associated concepts
6. Interpretation
7. Examples
8. Notes
9. Relationship of this Act to other laws
10. Operators
11. Driver’s base
12. Associates
PART 2 - Enforcement Officers
13. Exercise of powers by authorised officers
14. Delegation
15. Identification cards
16. Production of identification
17. Return of identification cards
18. Reciprocal powers of officers
19. Authority may exercise powers of authorised officers
PART 3 - General Enforcement Powers Division 1 - Preliminary
20. Meaning of qualified, fit or authorised to drive or run engine
21. Meaning of unattended vehicle or combination and driver of
disconnected trailer
22. Meaning of broken down vehicle or combination
23. Meaning of compliance purposes
Division 2 - Directions to stop, move or leave vehicles or
combinations
24. Application of Division
25. Direction to stop vehicle or combination to enable exercise of other
powers
26. Direction to move vehicle or combination to enable exercise of other
powers
27. Direction to move vehicle or combination in case of danger or
obstruction
28. Direction to leave vehicle or combination
29. Manner of giving directions under this Division
Division 3 - Power to move unattended or broken down vehicles or
combinations
30. Moving unattended vehicle or combination: to enable exercise of other
powers
31. Moving unattended or broken down vehicle or combination where danger
or obstruction
32. Operator’s authorisation not required for driving under this Part
Division 4 - Powers of inspection and searchNote This Division
authorises:- premises of operators and a range of other premises to
be inspected and searched- vehicles or combinations to be inspected
in or on any such premises and on roads, public places and certain
official premises.
33. Power to inspect vehicle or combination on public street, public
place or certain official premises
34. Power to search vehicle or combination on public street, public
place or certain official premises
35. Power to inspect premises
36. Power to search premises
37. Residential purposes
Division 5 - Directions
38. Direction to produce records, devices or other things
39. Direction to provide information
40. Direction to provide reasonable assistance for powers of inspection
and search
41. Provisions relating to running engine
42. Manner of giving directions under this Division
43. Directions to state when to be complied with
Division 6 - Warrants
44. Warrants
Division 7 - Other provisions regarding inspections and searches
45. Use of assistants and equipment
46. Use of equipment to examine or process things
47. Use or seizure of electronic equipment
Division 8 - Other provisions regarding seizure
48. Receipt for and access to seized material
49. Embargo notices
Division 9 - Miscellaneous
50. Power to use force against persons to be exercised only by police
officers
51. Consent
52. Directions may be given under more than one provision
53. Restoring vehicle, combination or premises to original condition after
action taken
54. Self-incrimination no excuse
55. Providing evidence to other authorities
56. Obstructing or hindering officers
57. Impersonating authorised officers
PART 4 - Mass, Dimension and Load Restraint Requirements Division 1
- Preliminary
58. Purpose and operation of this Part
59. Definitions
60. Determining whether a breach involves risk
Division 2 - Categorisation of breaches
61. Meaning of minor, substantial or severe risk breaches
Division 3 - Enforcement powersNote The enforcement powers provided
by this Division vary according to the risk category involved. The
principal features are as follows:Minor risk breachesThe officer may
authorise the driver to continue the journey (conditionally or
unconditionally), but in particular circumstances the officer may
direct the driver to rectify breaches then and there or to move
the vehicle or combination to a suitable location (within a limited
distance) and not proceed until breaches are rectified.Substantial
risk breachesThe officer must direct the driver not to proceed until
breaches are rectified, but in particular circumstances (or acting
under particular instructions) the officer may direct the driver to
move the vehicle or combination to the nearest suitable location and
not proceed until breaches are rectified.Severe risk breachesThe
officer must direct the driver not to proceed until breaches are
rectified, but in limited particular circumstances (or acting under
particular instructions) the officer may direct the driver to move
the vehicle or combination to the nearest safe location and not
proceed until breaches are rectified.Directions may instead be given
to the operator of the vehicle or combination, who is required to
ensure that the direction is carried out.
62. Minor risk breaches
63. Substantial risk breaches
64. Severe risk breaches
65. Authorisation to continue journey where only minor risk breaches
66. Operation of directions in relation to combinations
67. Directions and authorisations to be in writing
68. Application of Division in relation to other directions
Division 4 - Reasonable steps defence
69. Reasonable steps defence
70. Reasonable steps defence – reliance on container weight
declaration
Division 5 - Liability for breaches of mass, dimension or load
restraint requirements
71. Liability of consignor
72. Liability of packer
73. Liability of loader
74. Liability of operator
75. Liability of driver
76. Liability of consignee
77. Penalty levels
Division 6 - Sanctions
78. Matters to be taken into consideration by courts
79. Default categorisation
Division 7 - Container weight declarations
80. Application of Division
81. Definition
82. Container weight declarations
83. Complying container weight declarations
84. Duty of responsible entity
85. Duty of operator
86. Duty of driver
87. Liability of consignee – knowledge of matters relating to
container weight declaration
Division 8 - Recovery of losses resulting from non-provision of or
inaccurate container weight declarations
88. Recovery of losses for non-provision of container weight declaration
89. Recovery of losses for provision of inaccurate container weight
declaration
90. Recovery of amount by responsible entity
91. Assessment of monetary value or attributable amount
92. Costs
Division 9 - Transport documentation
93. False or misleading transport documentation: liability of consignor,
packer, loader, receiver and others
Division 10 - Concessions
94. Definitions
95. Offence of contravening condition
96. Effect of contravening condition – prosecutions or other
action
97. Operation of Division
PART 5 - General Administrative SanctionsNote In addition to the
sanctions under this Part, an infringement notice may be issued for
an offence under this Act if that offence is a prescribed offence
under Part IVB of the Traffic Act 1925 . Division 1 - Improvement
notices
98. Definition
99. Improvement notices
100. Contravention of improvement notice
101. Amendment of improvement notices
102. Cancellation of improvement notices
103. Clearance certificates
Division 2 - Formal warnings
104. Formal warnings
105. Withdrawal of formal warnings
PART 6 - General Court-Based Sanctions Division 1 - Proceedings for
offences
106. Proceedings for offences
107. Period within which proceedings for offences may be commenced
Division 2 - Available sanctions
108. Penalties imposed by courts
Division 3 - Fines
109. Provisions relating to first offences and subsequent offences
Division 4 - Commercial benefits penalty orders
110. Commercial benefits penalty orders
Division 5 - Registration sanctions
111. Power to affect vehicle registration
Division 6 - Supervisory intervention orders
112. Supervisory intervention orders
113. Contravention of supervisory intervention order
Division 7 - Prohibition orders
114. Prohibition orders
115. Contravention of prohibition order
PART 7 - General Compensation Orders
116. Compensation orders for damage to road infrastructure
117. Assessment of compensation
118. Service of certificates
119. Limits on amount of compensation
120. Costs
121. Enforcement of compensation order and costs
122. Relationship with orders or awards of other courts and tribunals
PART 8 - General Liability and Evidentiary Provisions Division 1 -
Basis of liability for road law offences
123. Multiple offenders
124. Double jeopardy
125. Liability of directors, partners, employers and others for offences
by bodies corporate, partnerships, associations and employees
126. Liability of registered operators
127. Complicity and common purpose (aiding and abetting)
128. Causing or permitting
129. Coercing, inducing or offering incentive
Division 2 - General defences
130. Sudden or extraordinary emergency
131. Lawful authority
132. Other defences
Division 3 - Special defences
133. Meaning of “deficiency concerning a vehicle or combination”
134. Special defence for owners or operators
135. Special defence for drivers
136. Special defence of compliance with direction
Division 4 - General evidentiary provisions
137. Vicarious responsibility
138. Averments
139. Certificate evidence
140. Evidence regarding measurement
141. Evidence regarding weighing
142. Evidence regarding manufacturer’s ratings
143. Evidence not affected by nature of vehicle or combination
144. Proof of appointments and signatures unnecessary
145. Transport documentation and journey documentation
PART 9 - Miscellaneous Division 1 - Indemnities
146. Indemnity for authorised officers
147. Indemnity for persons authorised by authorised officers
148. Indemnity for persons authorised by police officers
149. Indemnity not affected by certain matters
150. Other indemnities not affected
Division 2 - Mutual recognition
151. Effect of administrative actions of authorities of other jurisdictions
152. Effect of court orders of other jurisdictions
Division 3 - General
153. Other powers not affected
154. Declared zones and routes
155. Dismissal or other victimisation of employee or contractor assisting
with or reporting breaches
156. Confidentiality
157. False or misleading statements or records provided to Authority or
officials
158. False or misleading information provided to responsible persons
159. Amendment or revocation of directions or conditions
160. Review of decisions
161. Contracting out prohibited
162. Authority may provide information to corresponding Authorities
163. Regulations
164. Administration of Act
SCHEDULE 1
[ Note: This table has been automatically generated and may be incomplete. ]