Heavy Vehicle National Law (South Australia) (Expiation Fees) Regulations 2013 (SA)

South Australia Heavy Vehicle National Law (South Australia) (Expiation Fees) Regulations 2013 under the Heavy Vehicle National Law (South Australia) Act 2013

Contents 1 Short title 3 Interpretation 4 Prescribed offences and expiation fees 5 Increase of expiation fees for prescribed offences Schedule 1—Offences, prescribed offences and expiation fees Part 1—Offences against the local application provisions of the Act Part 2—Prescribed offences against the Heavy Vehicle National Law (South Australia) Division 1—Prescribed offences for purposes of section 591 of the Law Division 2—Prescribed offences peculiar to South Australia Part 3—Prescribed offences against the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (South Australia) Part 4—Prescribed offences against the Heavy Vehicle (Fatigue Management) National Regulation (South Australia) Legislative history

1—Short title These regulations may be cited as the Heavy Vehicle National Law (South Australia) (Expiation Fees) Regulations 2013. 3—Interpretation (1) In these regulations, unless the contrary intention appears— Act means the Heavy Vehicle National Law (South Australia) Act 2013; Law means the Heavy Vehicle National Law (South Australia). (2) Text set out in italic type in a column headed "Description of offence" in a table in Schedule 1 is a description for convenience purposes only and is not to be taken to define the offence for which a particular amount is fixed as the expiation fee. 4—Prescribed offences and expiation fees (1) Pursuant to section 28(3)(f) of the Act, the expiation fees set out in a column headed "Fee" in the table in Part 1 of Schedule 1 are fixed for alleged offences against the local application provisions of the Act. (2) Pursuant to section 28(3)(g) of the Act— (a) an offence against a section of the Law referred to in a column headed "Section" in the table in Part 2 Division 1 of Schedule 1 is a prescribed offence for the purposes of section 591 of the Law; and (b) an offence against a section of the Law referred to in a column headed "Section" in the table in Part 2 Division 2 of Schedule 1 is a prescribed offence for the purposes of section 591 of the Law that is peculiar to South Australia; and (c) the expiation fees set out in a column headed "Fee" in the table in Part 2 Division 1 of Schedule 1 are the penalties fixed in accordance with section 737 of the Law for the alleged prescribed offences against the Law shown in the table and are included for convenience purposes only; and Note— See https://www.nhvr.gov.au/law-policies/penalties for the Regulator's list of penalties and see regulation 5. (d) the expiation fees set out in a column headed "Fee" in the table in Part 2 Division 2 of Schedule 1 are fixed for alleged prescribed offences against the Law that are peculiar to South Australia. (3) Pursuant to section 28(3)(g) of the Act— (a) an offence against the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (South Australia) referred to in a column headed "Regulation" in the table in Part 3 of Schedule 1 is a prescribed offence for the purposes of section 591 of the Law; and (b) the expiation fees set out in a column headed "Fee" in the table in Part 3 of Schedule 1 are the penalties fixed in accordance with section 737 of the Law for alleged prescribed offences against those national regulations and are included for convenience purposes only. Note— See https://www.nhvr.gov.au/law-policies/penalties for the Regulator's list of penalties and see regulation 5. (4) Pursuant to section 28(3)(g) of the Act— (a) an offence against the Heavy Vehicle (Fatigue Management) National Regulation (South Australia) referred to in a column headed "Regulation" in the table in Part 4 of Schedule 1 is a prescribed offence for the purposes of section 591 of the Law; and (b) the expiation fees set out in a column headed "Fee" in the table in Part 4 of Schedule 1 are the penalties fixed in accordance with section 737 of the Law for alleged prescribed offences against those national regulations and are included for convenience purposes only. Note— See https://www.nhvr.gov.au/law-policies/penalties for the Regulator's list of penalties and see regulation 5. 5—Increase of expiation fees for prescribed offences (1) Section 737 of the Law provides that, at the start of 1 July of each year, beginning with 1 July 2014, the amount of each penalty for an offence will be increased, from the amount that applied immediately before that 1 July, in accordance with the method prescribed by the national regulations for the purposes of that section. Note— As soon as practicable but before 1 July of each year, the Regulator will publish on the Regulator's website the amounts of each penalty applying as from that date—see https://www.nhvr.gov.au/law-policies/penalties. (3) The amount of the expiation fees for the financial year commencing 1 July 2014, and each subsequent financial year, for a prescribed offence against the Law is the adjusted amount for that financial year and will be the amount as shown and published on the Regulator's website. (4) Subregulation (3) does not apply to expiation fees fixed for a prescribed offence against the Law peculiar to South Australia (see Part 2 Division 1 of Schedule 1). Note— Expiation fees fixed for prescribed offences peculiar to South Australia may be adjusted from time to time by variation of these regulations.