South Australia: Heavy Vehicle National Law (South Australia) Act 2013 (SA)

South Australia Heavy Vehicle National Law (South Australia) Act 2013 An Act to make provision for a national scheme for facilitating and regulating the use of heavy vehicles on roads; and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Application of Heavy Vehicle National Law and Heavy Vehicle National Regulations Division 1—General 4 Application of Heavy Vehicle National Law 5 Amendments to Schedule to maintain national consistency 6 Application of Heavy Vehicle National Regulations 7 Exclusion of legislation of this jurisdiction Division 2—Definitions, declarations and other references for purposes of Heavy Vehicle National Law (South Australia) 8 Definition of generic terms and terms having meaning provided by this Act 9 Declarations about industrial relations status of Regulator 10 Other declarations for purposes of Heavy Vehicle National Law in this jurisdiction 11 References to mistake of fact defence Division 3—Authorisations for purposes of this jurisdiction 12 Authority to use force 13 Authority to amend or withdraw vehicle defect notices 14 Authority to seize heavy vehicles or things 15 Authorised use of protected information Division 4—Modification of Heavy Vehicle National Law (South Australia) for purposes of this jurisdiction 16 Modification of Law for certain purposes 17 Modification of Law for other purposes Division 5—Supplementary powers relating to enforcement in this jurisdiction 18 Application of this Division 19 Power to enter certain places 20 Person must not possess certain devices 21 Offence to sell or dispose of heavy vehicle in respect of which vehicle defect notice is in force 22 Moving unattended etc heavy vehicle if danger or obstruction Division 6—Miscellaneous 22A Delegation by road authority 22B Delegation by road manager 23 Approved vehicle examiners 24 Proof of lawful authority or lawful or reasonable excuse 25 Provision of information and assistance by Registrar of Motor Vehicles 26 Various powers may be exercised on same occasion Part 3—Regulations 27 National regulations 28 Local regulations Part 4—Savings and transitional provisions Division 1—Special transitional arrangements relating to Chapter 2 of Heavy Vehicle National Law 29 Definitions for this Division 30 Modification of Law in this jurisdiction until national registration scheme comes into operation 31 Declaratory regulation making power for general savings and transitional provision for purposes of this Division Division 2—Provisions relating to section 748 of Heavy Vehicle National Law 32 Definitions for this Division 33 Operation of general savings and transitional provision 34 Offences 35 Approvals and exemptions 36 Seizing of evidence 37 Declaratory regulation making power for general savings and transitional provision Division 3—Interpretative provision 38 References in documents to repealed or amended provisions Division 4—Savings and transitional provisions—general 39 Saving and transitional provisions—general Schedule—Heavy Vehicle National Law Chapter 1—Preliminary Part 1—Introductory matters 1 Short title 2 Commencement 3 Object of Law 4 Regulatory framework to achieve object Part 2—Interpretation 5 Definitions 6 Meaning of heavy vehicle 7 Meaning of fatigue‑regulated heavy vehicle 8 Meaning of road and road‑related area 9 Meaning of convicts and convicted of an offence 10 Interpretation generally 11 References to laws includes references to instruments made under laws 12 References to this Law as applied in a participating jurisdiction 13 References to road 14 References to particular ADR versions 15 References to categories of heavy vehicles Part 3—Application and operation of Law 16 Extraterritorial operation of Law 17 Law binds the State 18 Relationship with primary work health and safety laws Part 4—Performance based standards 19 Main purpose of this Part 20 Notification to road authority of PBS design approval 21 Notification by responsible Minister of non-application or restricted application of PBS design approval 22 Application for PBS design approval 23 Application for PBS vehicle approval 24 Exemption from stated vehicle standards 25 Authorisation of different mass or dimension requirement 25A Keeping copy of PBS vehicle approval while driving 26 National regulations Chapter 1A—Safety duties Part 1—Principles 26A Principle of shared responsibility 26B Principles applying to duties Part 2—Nature of duty 26C Primary duty 26D Duty of executive of legal entity 26E Prohibited requests and contracts Part 3—Failing to comply with duty 26F Category 1 offence 26G Category 2 offence 26H Category 3 offence Chapter 3—Vehicle operations—standards and safety Part 1—Preliminary 58 Main purpose of Chapter 3 Part 2—Compliance with heavy vehicle standards Division 1—Requirements 59 Heavy vehicle standards 60 Compliance with heavy vehicle standards Division 2—Exemptions by Commonwealth Gazette notice 61 Regulator's power to exempt category of heavy vehicles from compliance with heavy vehicle standard 62 Restriction on grant of vehicle standards exemption (notice) 63 Conditions of vehicle standards exemption (notice) 64 Period for which vehicle standards exemption (notice) applies 65 Requirements about Commonwealth Gazette notice 66 Amendment or cancellation of vehicle standards exemption (notice) 67 Immediate suspension on Regulator's initiative Division 3—Exemptions by permit 68 Regulator's power to exempt particular heavy vehicle from compliance with heavy vehicle standard 69 Application for vehicle standards exemption (permit) 70 Restriction on grant of vehicle standards exemption (permit) 71 Conditions of vehicle standards exemption (permit) 72 Period for which vehicle standards exemption (permit) applies 73 Permit for vehicle standards exemption (permit) etc 74 Refusal of application for vehicle standards exemption (permit) 75 Amendment or cancellation of vehicle standards exemption (permit) on application by permit holder 76 Amendment or cancellation of vehicle standards exemption (permit) on Regulator's initiative 77 Immediate suspension on Regulator's initiative 78 Minor amendment of vehicle standards exemption (permit) 79 Return of permit 80 Replacement of defaced etc permit Division 4—Operating under vehicle standards exemption 81 Contravening condition of vehicle standards exemption 82 Keeping relevant document while driving under vehicle standards exemption (notice) 83 Keeping copy of permit while driving under vehicle standards exemption (permit) Part 3—Modifying heavy vehicles 84 Definition for Chapter 3 Part 3 85 Modifying heavy vehicle requires approval 86 Approval of modifications by approved vehicle examiners 87 Approval of modification by Regulator 87A Person must not tamper with plate or label 88 National regulations for heavy vehicle modification Part 4—Other offences 89 Safety requirement 90 Requirement about properly operating emission control system 91 Person must not tamper with emission control system fitted to heavy vehicle 92 Display of warning signs required by heavy vehicle standards on vehicles to which the requirement does not apply 93 Person must not tamper with speed limiter fitted to heavy vehicle Chapter 4—Vehicle operations—mass, dimension and loading Part 1—Preliminary 94 Main purposes of Chapter 4 Part 2—Mass requirements Division 1—Requirements 95 Prescribed mass requirements 96 Compliance with mass requirements Division 2—Categories of breaches of mass requirements 97 Definitions for Division 2 98 Minor risk breach 99 Substantial risk breach 100 Severe risk breach Part 3—Dimension requirements Division 1—Requirements 101 Prescribed dimension requirements 102 Compliance with dimension requirements Division 2—Categories of breaches of dimension requirements 103 Application of Division 2 104 Definitions for Division 2 105 Minor risk breach 106 Substantial risk breach 107 Severe risk breach Division 3—Other provisions relating to load projections 108 Dangerous projections taken to be contravention of dimension requirement 109 Warning signals required for rear projection of loads Part 4—Loading requirements Division 1—Requirements 110 National regulations may prescribe loading requirements 111 Compliance with loading requirements Division 2—Categories of breaches of loading requirements 112 Minor risk breach 113 Substantial risk breach 114 Severe risk breach Division 3—Evidentiary provision 115 Proof of contravention of loading requirement Part 5—Exemptions for particular overmass or oversize vehicles Division 1—Preliminary 116 Class 1 heavy vehicles and class 3 heavy vehicles Division 2—Exemptions by Commonwealth Gazette notice 117 Regulator's power to exempt category of class 1 or 3 heavy vehicles from compliance with mass or dimension requirement 118 Restriction on grant of mass or dimension exemption (notice) 119 Conditions of mass or dimension exemption (notice) 119A Process for amending a stated map or stated list 120 Period for which mass or dimension exemption (notice) applies 121 Requirements about Commonwealth Gazette notice Division 3—Exemptions by permit 122 Regulator's power to exempt particular class 1 or class 3 heavy vehicle from compliance with mass or dimension requirement 123 Application for mass or dimension exemption (permit) 124 Restriction on grant of mass or dimension exemption (permit) 125 Conditions of mass or dimension exemption (permit) 126 Period for which mass or dimension exemption (permit) applies 127 Permit for mass or dimension exemption (permit) etc 128 Refusal of application for mass or dimension exemption (permit) Division 4—Operating under mass or dimension exemption 129 Contravening condition of mass or dimension exemption generally 130 Contravening condition of mass or dimension exemption relating to pilot or escort vehicle 131 Using pilot vehicle with a heavy vehicle that contravenes certain conditions of mass or dimension exemption 132 Keeping relevant document while driving under mass or dimension exemption (notice) 133 Keeping copy of permit while driving under mass or dimension exemption (permit) Division 5—Other provision 134 Displaying warning signs on vehicles if not required by dimension exemption Part 6—Restricting access to roads by large vehicles that are not overmass or oversize vehicles Division 1—Preliminary 135 Main purpose of Part 6 136 Class 2 heavy vehicles Division 2—Restriction 137 Using class 2 heavy vehicle Division 3—Authorisation by Commonwealth Gazette notice 138 Regulator's power to authorise use of all or stated categories of class 2 heavy vehicles 139 Restriction on grant of class 2 heavy vehicle authorisation (notice) 140 Conditions of class 2 heavy vehicle authorisations (notice) 141 Period for which class 2 heavy vehicle authorisation (notice) applies 142 Requirements about Commonwealth Gazette notice etc 142A Process for amending stated map or stated list Division 4—Authorisation by permit 143 Regulator's power to authorise use of a particular class 2 heavy vehicle 144 Application for class 2 heavy vehicle authorisation (permit) 145 Restriction on grant of class 2 heavy vehicle authorisation (permit) 146 Conditions of a class 2 heavy vehicle authorisation (permit) 147 Period for which class 2 heavy vehicle authorisation (permit) applies 148 Permit for class 2 heavy vehicle authorisation (permit) etc 149 Refusal of application for class 2 heavy vehicle authorisation (permit) Division 5—Operating under class 2 heavy vehicle authorisation 150 Contravening condition of class 2 heavy vehicle authorisation 151 Keeping relevant document while driving under class 2 heavy vehicle authorisation (notice) 152 Keeping copy of permit while driving under class 2 heavy vehicle authorisation (permit) Part 6A—Restricted access vehicles 153A Using restricted access vehicle Part 7—Particular provisions about mass or dimension authorities Division 1—Preliminary 154 Definitions for Chapter 4 Part 7 Division 2—Obtaining consent of relevant road managers 155 Application of Division 2 156 Period within which road manager must decide 156A Deciding request for consent generally 157 Obtaining third party's approval for giving consent for permit 158 Action pending consultation with third party 159 Deciding request for consent if route assessment required 160 Imposition of road conditions 161 Imposition of travel conditions 162 Imposition of vehicle conditions 163 Obtaining consent of road authority if particular road manager refuses to give consent 166 Information notice for decision to refuse application because road manager did not give consent 167 Expedited procedure for road manager's consent for renewal of mass or dimension authority 168 Operation of section 167 169 Granting limited consent for trial purposes 170 Renewal of limited consent for trial purposes 171 Period for which mass or dimension authority applies where limited consent 172 Requirements for statement explaining adverse decision of road manager Division 3—Amendment, cancellation or suspension of mass or dimension authority granted by Commonwealth Gazette notice 173 Amendment or cancellation on Regulator's initiative 174 Amendment or cancellation on request by relevant road manager 175 Immediate suspension 175A Minor amendment Division 4—Amendment, cancellation or suspension of mass or dimension authority granted by permit 176 Amendment or cancellation on application by permit holder 177 Amendment or cancellation on Regulator's initiative 178 Amendment or cancellation on request by relevant road manager 179 Immediate suspension 180 Minor amendment of permit for a mass or dimension authority Division 5—Provisions about permits for mass or dimension authorities 181 Return of permit 182 Replacement of defaced etc permit Part 9—Other offences Division 1—Towing restriction 184 Towing restriction Division 2—Coupling requirements 185 Requirements about coupling trailers Division 3—Transport documentation 186 False or misleading transport documentation for goods 187 False or misleading information in container weight declaration Division 4—Other offences about container weight declarations 188 Application of Division 4 189 Meaning of complying container weight declaration 190 Duty of responsible entity 191 Duty of operator 192 Duty of driver 192A Form of information in container weight declaration Division 5—Other offences 193 Weight of freight container exceeding weight stated on container or safety approval plate Part 10—Other provisions 195 Conflicting mass requirements 196 Conflicting dimension requirements 197 Exemption from compliance with particular requirements in emergency 198 Recovery of losses arising from non‑provision of container weight declaration 199 Recovery of losses for provision of inaccurate container weight declaration 200 Recovery by responsible entity of amount paid under section 199 201 Assessment of monetary value or attributable amount Chapter 6—Vehicle operations—driver fatigue Part 1—Preliminary 220 Main purpose of Chapter 6 221 Definitions for Chapter 6 222 Categories of breaches Part 2—Duties relating to fatigue Division 1—Preliminary 223 What is fatigue 224 Matters court may consider in deciding whether person was fatigued 225 What is impaired by fatigue 226 Matters court may consider in deciding whether person was impaired by fatigue Division 2—Duty to avoid fatigue 228 Duty of driver to avoid driving while fatigued Part 3—Requirements relating to work time and rest time Division 1—Preliminary 243 What is a driver's work and rest hours option 244 Counting time spent in participating jurisdictions 245 Counting time spent outside participating jurisdictions 246 Counting periods of less than 15 minutes—written work diaries 246A Counting periods of less than 15 minutes—electronic work diaries 247 Time to be counted after rest time ends 248 Time to be counted by reference to time zone of driver's base Division 2—Standard work and rest arrangements 249 Standard hours 250 Operating under standard hours—solo drivers 251 Operating under standard hours—two‑up drivers 252 Defence relating to short rest breaks for drivers operating under standard hours Division 3—BFM work and rest arrangements 253 BFM hours 254 Operating under BFM hours—solo drivers 255 Defence for solo drivers operating under BFM hours relating to split rest breaks 256 Operating under BFM hours—two‑up drivers Division 4—AFM work and rest arrangements 257 AFM hours 258 Operating under AFM hours Division 5—Arrangements under work and rest hours exemption 259 Exemption hours 260 Operating under exemption hours Division 7—Changing work and rest hours option 262 Changing work and rest hours option 263 Operating under new work and rest hours option after change 264 Duty of employer, prime contractor, operator and scheduler to ensure driver compliance Division 8—Exemptions relating to work times and rest times Subdivision 1—Exemption for emergency services 265 Emergency services exemption Subdivision 2—Exemptions by Commonwealth Gazette notice 266 Regulator's power to exempt class of drivers from particular maximum work requirements and minimum rest requirements 267 Restriction on grant of work and rest hours exemption (notice) 268 Conditions of work and rest hours exemption (notice) 269 Period for which work and rest hours exemption (notice) applies 270 Requirements about Commonwealth Gazette notice 271 Amendment or cancellation of work and rest hours exemption (notice) 272 Immediate suspension Subdivision 3—Exemptions by permit 273 Regulator's power to exempt drivers from particular maximum work requirements and minimum rest requirements 274 Application for work and rest hours exemption (permit) 275 Restriction on grant of work and rest hours exemption (permit) 276 Conditions of work and rest hours exemption (permit) 277 Period for which work and rest hours exemption (permit) applies 278 Permit for work and rest hours exemption (permit) etc 279 Refusal of application for work and rest hours exemption (permit) 280 Amendment or cancellation of work and rest hours exemption (permit) on application by permit holder 281 Amendment or cancellation of work and rest hours exemption (permit) on Regulator's initiative 282 Immediate suspension of work and rest hours exemption (permit) 283 Minor amendment of work and rest hours exemption (permit) 284 Return of permit 285 Replacement of defaced etc permit Subdivision 4—Offences relating to operating under work and rest hours exemption etc 286 Contravening condition of work and rest hours exemption 287 Keeping relevant document while operating under work and rest hours exemption (notice) 288 Keeping copy of permit while driving under work and rest hours exemption (permit) Part 4—Requirements about record keeping Division 1—Preliminary 289 What is 100km work and 100+km work 290 What is a driver's record location Division 2—Work diary requirements Subdivision 1—Requirement to carry work diary 291 Application of Subdivision 1 292 Meaning of work diary for Subdivision 1 293 Driver of fatigue‑regulated heavy vehicle must carry work diary Subdivision 2—Information required to be included in work diary 294 Purpose of and definition for Subdivision 2 295 National regulations for information to be included in work diary 296 Recording information under the national regulations—general 297 Information required to be recorded immediately after starting work 298 Failing to record information about odometer reading 299 Two‑up driver to provide details Subdivision 3—How information must be recorded in work diary 300 Purpose of Subdivision 3 301 Recording information in written work diary 302 Recording information in electronic work diary 303 Time zone of driver's base must be used Subdivision 4—Requirements about work diaries that are filled up etc 304 Application of Subdivision 4 305 Driver must make supplementary records in particular circumstances 306 Driver must notify Regulator if written work diary filled up etc 307 Driver who is record keeper must notify Regulator if electronic work diary filled up etc 308 What driver must do if lost or stolen written work diary found or returned 309 Information required to be recorded immediately after starting work 310 Intelligent access program reporting entity must notify record keeper if approved electronic recording system malfunctioning 311 What record keeper must do if electronic work diary filled up 312 What record keeper must do if electronic work diary destroyed, lost or stolen 313 What record keeper must do if electronic work diary not in working order or malfunctioning Subdivision 5—Use of electronic work diaries 314 How electronic work diary must be used Subdivision 6—Extended liability 315 Ensuring driver complies with Subdivisions 1 to 4 Division 3—Records relating to drivers Subdivision 1—Preliminary 316 Application of Division 3 317 Who is a driver's record keeper Subdivision 2—Record keeping obligations relating to drivers undertaking 100km work under standard hours 318 Application of Subdivision 2 319 Records record keeper must have 319A General requirements about driver recording and giving information to record keeper Subdivision 3—Record keeping obligations relating to drivers undertaking 100+km work under standard hours or operating under BFM hours, AFM hours or exemption hours 320 Application of Subdivision 3 321 Records record keeper must have 322 General requirements about driver giving information to record keeper 323 Requirements about driver giving information to record keeper if driver changes record keeper 324 Record keeper must give information from electronic work diary 324A Record keeper must give record to driver if requested Division 4—Provisions about false representations relating to work records 325 False or misleading entries 326 When possessing, or recording information in, more than 1 work diary relating to the same period is prohibited 327 Possession of purported work records etc prohibited 328 False representation about work records prohibited Division 5—Interfering with work records Subdivision 1—Work records generally 329 Defacing or changing work records etc prohibited 330 Making entries in someone else's work records prohibited 331 Destruction of particular work records prohibited 332 Offence to remove pages from written work diary Subdivision 2—Approved electronic recording systems 333 Application of Subdivision 2 334 Meaning of tamper 335 Person must not tamper with approved electronic recording system 336 Person using approved electronic recording system must not permit tampering with it 336A Reporting tampering or suspected tampering with electronic work diary 337 Intelligent access reporting entity must not permit tampering with approved electronic recording system Division 6—Obtaining written work diary 338 Form of written work diary 339 Application for written work diary 340 Issue of written work diary Division 7—Requirements about records record keeper must make or keep 341 Period for which, and way in which, records must be kept Division 8—Approval of electronic recording systems Subdivision 1—Approval of electronic recording systems 342 Application for approval of electronic recording system 343 Deciding application for approval 344 Steps after decision to grant approval 345 Steps after decision to refuse application 346 Effect of approval Subdivision 2—Using unapproved electronic recording system 347 Prohibition on using electronic work diary if it is not, and is not a part of, an approved electronic recording system Subdivision 3—Amendment or cancellation of approval 351 Amendment or cancellation of approval on application 352 Amendment or cancellation of approval on Regulator's initiative 353 Minor amendment of approval 354 Requirements if approval amended 355 Requirements if approval cancelled Division 9—Exemptions from work diary requirements Subdivision 1—Exemption for emergency services 356 Emergency services exemption Subdivision 2—Exemptions by Commonwealth Gazette notice 357 Regulator's power to exempt particular drivers from work diary requirements 358 Restriction on grant of work diary exemption (notice) 359 Conditions of work diary exemption (notice) 360 Period for which work diary exemption (notice) applies 361 Requirements about Commonwealth Gazette notice 362 Amendment or cancellation of work diary exemption (notice) Subdivision 3—Exemptions by permit 363 Regulator's power to exempt driver of fatigue‑regulated heavy vehicle from work diary requirement 364 Application for work diary exemption (permit) 365 Restriction on grant of work diary exemption (permit) 366 Conditions of work diary exemption (permit) 367 Period for which work diary exemption (permit) applies 368 Permit for work diary exemption (permit) etc 369 Refusal of application for work diary exemption (permit) 370 Amendment or cancellation of work diary exemption (permit) on application by permit holder 371 Amendment or cancellation of work diary exemption (permit) on Regulator's initiative 372 Minor amendment of work diary exemption (permit) 373 Return of permit 374 Replacement of defaced etc permit Subdivision 4—Operating under work diary exemption 375 Contravening condition of work diary exemption 376 Keeping relevant document while operating under work diary exemption (notice) 377 Keeping permit or copy while operating under work diary exemption (permit) Division 10—Exemptions from fatigue record keeping requirements of Division 3 Subdivision 1—Exemptions by Commonwealth Gazette notice 378 Regulator's power to exempt record keepers from fatigue record keeping requirements 379 Conditions of fatigue record keeping exemption (notice) 380 Period for which fatigue record keeping exemption (notice) applies 381 Requirements about Commonwealth Gazette notice 382 Amendment or cancellation of fatigue record keeping exemption (notice) Subdivision 2—Exemptions by permit 383 Regulator's power to exempt record keepers from fatigue record keeping requirements 384 Application for fatigue record keeping exemption (permit) 385 Conditions of fatigue record keeping exemption (permit) 386 Period for which fatigue record keeping exemption (permit) applies 387 Permit for fatigue record keeping exemption (permit) etc 388 Refusal of application for fatigue record keeping exemption (permit) 389 Amendment or cancellation of fatigue record keeping exemption (permit) on application by permit holder 390 Amendment or cancellation of fatigue record keeping exemption (permit) on Regulator's initiative 391 Minor amendment of fatigue record keeping exemption (permit) 392 Return of permit 393 Replacement of defaced etc permit Subdivision 3—Exemptions by national regulations 394 Exemptions from provisions of Division 3 Subdivision 4—Other provisions 395 Contravening condition of fatigue record keeping exemption Division 11—Requirements about odometers 396 Owner must maintain odometer 397 Driver must report malfunctioning odometer 398 What owner must do if odometer malfunctioning 399 What employer or operator must do if odometer malfunctioning Chapter 7—Intelligent Access Program Part 1—Preliminary 400 Main purposes of Chapter 7 401 What the Intelligent Access Program is 402 Application of Chapter 7 403 Definitions for Chapter 7 Part 2—Duties and obligations of operators of intelligent access program vehicles 404 Offence to give false or misleading information to intelligent access service provider 405 Advising vehicle driver of collection of information by intelligent access service provider 406 Reporting system malfunctions to Regulator 407 Advising driver of driver's obligations about reporting system malfunctions Part 3—Obligations of drivers of intelligent access program vehicles 408 Reporting system malfunctions to operator Part 4—Powers, duties and obligations of intelligent access program service providers 409 Powers to collect and hold intelligent access program information 410 Collecting intelligent access information 411 Keeping records of intelligent access program information collected 412 Protecting intelligent access program information 413 Making individuals aware of personal information held 414 Giving individuals access to their personal information 415 Correcting errors etc 416 General restriction on use and disclosure of intelligent access program information 417 Giving intelligent access program auditor access to records 418 Powers to use and disclose intelligent access program information 419 Keeping record of use or disclosure of intelligent access program information 420 Keeping noncompliance report 421 Destroying intelligent access program information 422 Reporting relevant contraventions to Regulator 423 Reporting tampering or suspected tampering with approved intelligent transport system 424 Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system Part 5—Functions, powers, duties and obligations of TCA 425 Functions of TCA 426 Powers to collect and hold intelligent access program information 427 Collecting intelligent access program information 428 Protecting intelligent access program information collected 429 Making individuals aware of personal information held 430 Giving individuals access to their personal information 431 Correcting errors etc 432 General restriction on use and disclosure of intelligent access program information 433 Powers to use and disclose intelligent access program information 434 Restriction about intelligent access program information that may be used or disclosed 435 Keeping record of use or disclosure of intelligent access program information 436 Keeping noncompliance reports 437 Destroying intelligent access program information or removing personal information from it 438 Reporting tampering or suspected tampering with, or malfunction or suspected malfunction of, approved intelligent transport system to Regulator 439 Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system Part 6—Powers, duties and obligations of intelligent access program auditors 440 Powers to collect and hold intelligent access program information 441 Collecting intelligent access information 442 Protecting intelligent access program information collected 443 Making individuals aware of personal information held 444 Giving individuals access to their personal information 445 Correcting errors etc 446 General restriction on use and disclosure of intelligent access program information 447 Powers to use and disclose intelligent access program information 448 Restriction about intelligent access program information that may be used or disclosed 449 Keeping record of use or disclosure of intelligent access program information 450 Destroying intelligent access program information or removing personal information from it 451 Reporting contraventions by intelligent access program service providers to TCA 452 Reporting tampering or suspected tampering with approved intelligent transport system to Regulator or TCA 453 Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system Part 7—Other provisions 454 Offence to tamper with approved intelligent transport system 455 Regulator may issue intelligent access program identifiers Chapter 8—Accreditation Part 1—Preliminary 456 Purpose of Chapter 8 457 Definitions for Chapter 8 Part 2—Grant of heavy vehicle accreditation 458 Regulator's power to grant heavy vehicle accreditation 459 Application for heavy vehicle accreditation 460 Obtaining criminal history information about applicant 461 Restriction on grant of heavy vehicle accreditation 462 Conditions of heavy vehicle accreditation 463 Period for which heavy vehicle accreditation applies 464 Accreditation certificate for heavy vehicle accreditation etc 465 Refusal of application for heavy vehicle accreditation 466 Accreditation labels for maintenance management accreditation and mass management accreditation Part 3—Operating under heavy vehicle accreditation 467 Compliance with conditions of BFM accreditation or AFM accreditation 468 Driver operating under BFM accreditation or AFM accreditation must carry accreditation details 469 Driver must return particular documents if stops operating under BFM accreditation or AFM accreditation etc 470 General requirements applying to operator with heavy vehicle accreditation 471 Operator must give notice of amendment, suspension or ending of heavy vehicle accreditation Part 4—Amendment or cancellation of heavy vehicle accreditation 472 Amendment or cancellation of heavy vehicle accreditation on application 473 Amendment, suspension or cancellation of heavy vehicle accreditation on Regulator's initiative 474 Immediate suspension of heavy vehicle accreditation 475 Minor amendment of heavy vehicle accreditation Part 5—Other provisions about heavy vehicle accreditations 476 Return of accreditation certificate 477 Replacement of defaced etc accreditation certificate 478 Offences relating to auditors Chapter 9—Enforcement Part 1—General matters about authorised officers Division 1—Functions 479 Functions of authorised officers Division 2—Appointment 480 Application of Division 2 481 Appointment and qualifications 482 Appointment conditions and limit on powers 483 When office ends 484 Resignation Division 3—Identity cards 485 Application of Division 3 486 Issue of identity card 487 Production or display of identity card 488 Return of identity card Division 4—Miscellaneous provisions 489 References to exercise of powers 490 Reference to document includes reference to reproduction from electronic document 491 Use of force against persons 492 Use of force against property 493 Exercise of functions in relation to light vehicles Part 2—Powers in relation to places Division 1—Preliminary 494 Definitions for Chapter 9 Part 2 Division 1A—Entry of relevant places for advice purposes 494A Non‑application to police officers 494B Power to enter relevant place 494C Power after entering relevant place Division 2—Entry of relevant places for monitoring purposes 495 Power to enter relevant place 496 General powers after entering relevant place Division 3—Entry of places for investigation purposes 497 General power to enter places 498 Power to enter a place if evidence suspected to be at the place 499 Power to enter particular places if incident involving death, injury or damage 500 General powers after entering a place Division 4—Procedure for entry by consent 501 Application of Division 4 502 Incidental entry to ask for access 503 Matters authorised officer must tell occupier 504 Consent acknowledgement 505 Procedure for entry with consent Division 5—Entry under warrant 506 Application for warrant 507 Issue of warrant 508 Application by electronic communication and duplicate warrant 509 Defect in relation to a warrant 510 Procedure for entry under warrant Part 3—Powers in relation to heavy vehicles Division 1—Preliminary 511 Application of Chapter 9 Part 3 512 Persons who are drivers for this Part Division 2—Stopping, not moving or not interfering with heavy vehicle etc 513 Direction to stop heavy vehicle to enable exercise of other powers 514 Direction not to move or interfere with heavy vehicle etc to enable exercise of other powers Division 3—Moving heavy vehicle 515 Definition for Division 3 516 Direction to move heavy vehicle to enable exercise of other powers 517 Direction to move heavy vehicle if causing harm etc 518 Moving unattended heavy vehicle on road to exercise another power 519 Moving unattended heavy vehicle on road if causing harm etc Division 4—Inspecting and searching heavy vehicles 520 Power to enter and inspect heavy vehicles for monitoring purposes 521 Power to enter and search heavy vehicle involved, or suspected to be involved, in an offence etc 522 Power to order presentation of heavy vehicles for inspection Division 5—Other powers in relation to all heavy vehicles 523 Starting or stopping heavy vehicle engine 524 Direction to leave heavy vehicle Division 6—Further powers in relation to heavy vehicles concerning heavy vehicle standards 525 Definitions for Division 6 526 Issue of vehicle defect notice 527 Requirements about vehicle defect notice 528 Defective vehicle labels 528A Information not included in notice or label 529 Using heavy vehicles contrary to vehicle defect notice 529AA Permission to use vehicle the subject of a self‑clearing defect notice 529A Permission to use vehicle the subject of a major or minor defect notice 529B Permitted use of vehicle the subject of a major or minor defect notice without permission of authorised officer 530 Clearance of major or minor defect notices 531 Amendment or withdrawal of vehicle defect notices Division 7—Further powers in relation to heavy vehicles concerning mass, dimension or loading requirements 532 Application of Division 7 533 Powers for minor risk breach of mass, dimension or loading requirement 534 Powers for substantial risk breach of mass, dimension or loading requirement 535 Powers for severe risk breach of mass, dimension or loading requirement 536 Operation of direction in relation to a combination Division 8—Further powers in relation to fatigue‑regulated heavy vehicles 537 Application of Division 8 538 Requiring driver to rest for contravention of maximum work requirement 539 Requiring driver to rest for contravention of minimum rest requirement 540 Requiring driver to stop working if impaired by fatigue 541 Requiring driver to stop working if work diary not produced or unreliable 542 Compliance with requirement under this Division Part 4—Other powers Division 1—Powers relating to equipment 543 Power to use equipment to access information 544 Power to use equipment to examine or process a thing Division 2—Seizure and embargo notices Subdivision 1—Power to seize 545 Seizing evidence at a place that may be entered without consent or warrant 546 Seizing evidence at a place that may be entered only with consent or warrant 547 Seizing evidence in a heavy vehicle entered under section 521 548 Additional seizure power relating to information stored electronically 549 Seizing thing or sample taken for examination under section 500 550 Seizure of property subject to security 551 Seizure of number plates 552 Restriction on power to seize certain things Subdivision 2—Powers to support seizure 553 Requirement of person in control of thing to be seized Subdivision 3—Safeguards for seized things or samples 554 Receipt for seized thing or sample 555 Access to seized thing 556 Return of seized things or samples Subdivision 4—Embargo notices 557 Power to issue embargo notice 558 Noncompliance with embargo notice 559 Power to secure embargoed thing 560 Withdrawal of embargo notice Division 3—Forfeiture and transfers 561 Power to forfeit particular things or samples 562 Information notice for forfeiture decision 563 Forfeited or transferred thing or sample becomes property of the Regulator 564 How property may be dealt with 565 Third party protection 566 National regulations Division 4—Information‑gathering powers 567 Power to require name, address and date of birth 568 Power to require production of document etc required to be in driver's possession 569 Power to require production of documents etc generally 570 Power to require information about heavy vehicles 570A Requiring information Division 5—Improvement notices 571 Authorised officers to whom Division applies 572 Improvement notices 573 Contravention of improvement notice 574 Amendment of improvement notice 575 Revocation of an improvement notice 576 Clearance certificate Division 5A—Prohibition notices 576A Power to issue prohibition notice 576B Contents of prohibition notice 576C Compliance with prohibition notice Division 5B—Injunctions 576D Application of Division 5B 576E Injunction for noncompliance with notice Division 6—Power to require reasonable help 577 Power to require reasonable help Part 5—Provisions about exercise of powers Division 1—Damage in exercising powers 578 Duty to minimise inconvenience or damage 579 Restoring damaged thing 580 Notice of damage Division 2—Compensation 581 Compensation because of exercise of powers Division 3—Provision about exercise of particular powers 582 Duty to record particular information in driver's work diary Part 6—Miscellaneous provisions Division 1—Powers of Regulator 583 Regulator may exercise powers of authorised officers Division 2—Other offences relating to authorised officers 584 Obstructing authorised officer 585 Impersonating authorised officer Division 3—Other provisions 586 Multiple requirements 587 Compliance with particular requirements 588 Evidential immunity for individuals complying with particular requirements 589 Effect of withdrawal of consent to enter under this Chapter Chapter 10—Sanctions and provisions about liability for offences Part 1—Formal warnings 590 Formal warning Part 1A—Enforceable undertakings 590A Accepting undertaking 590B Effect of undertaking 590C Withdrawing or changing undertaking 590D Contravening undertaking Part 2—Infringement notices 591 Infringement notices 592 Recording information about infringement penalties Part 3—Court sanctions Division 1—General provisions 593 Penalties court may impose 594 Matters court must consider when imposing sanction for noncompliance with mass, dimension or loading requirement 595 Court may treat noncompliance with mass, dimension or loading requirement as a different risk category Division 2—Provisions about imposing fines 596 Body corporate fines under penalty provision Division 2A—Injunctions 596A Injunctions Division 3—Commercial benefits penalty orders 597 Commercial benefits penalty order Division 4—Cancelling or suspending registration 598 Power to cancel or suspend vehicle registration Division 5—Supervisory intervention orders 599 Application of Division 5 600 Court may make supervisory intervention order 601 Limitation on making supervisory intervention order 602 Supervisory intervention order may suspend other sanctions 603 Amendment or revocation of supervisory intervention order 604 Contravention of supervisory intervention order 605 Effect of supervisory intervention order if prohibition order applies to same person Division 6—Prohibition orders 606 Application of Division 6 607 Court may make prohibition order 608 Limitation on making prohibition order 609 Amendment or revocation of prohibition order 610 Contravention of prohibition order Division 7—Compensation orders 611 Court may make compensation order 612 Assessment of compensation 613 Use of certificates in assessing compensation 614 Limits on amount of compensation 615 Costs 616 Enforcement of compensation order and costs 617 Relationship with orders or awards of other courts and tribunals Part 4—Provisions about liability Division 3—Defences 626 Definition for Division 3 627 Defence for owner or operator of vehicle if offence committed while vehicle used by unauthorised person 628 Defence for driver of vehicle subject to a deficiency 629 Defence of compliance with direction 630 Sudden or extraordinary emergency 631 Lawful authority Division 4—Other provisions about liability 632 Deciding whether person ought reasonably to have known something 632A Using code of practice in proceeding 633 Multiple offenders 634 Multiple offences 635 Responsibility for acts or omissions of representative 636 Liability of executive officers of corporation 637 Treatment of unincorporated partnerships 638 Treatment of other unincorporated bodies 639 Liability of registered operator Chapter 11—Reviews and appeals Part 1—Preliminary 640 Definitions for Chapter 11 Part 2—Internal review 641 Applying for internal review 642 Stay of reviewable decisions made by Regulator or authorised officer 643 Referral of applications for review of decisions made by road managers 644 Internal review 645 Review decision 646 Notice of review decision Part 3—Appeals 647 Appellable decisions 648 Stay of review decision 649 Powers of relevant appeal body on appeal 650 Effect of decision of relevant appeal body on appeal Chapter 12—Administration Part 1—Responsible Ministers 651 Policy directions 652 Referral of matters etc by responsible Minister 653 Approved guidelines for exemptions, authorisations, permits and other authorities 654 Other approvals 655 How responsible Ministers exercise functions 655A Delegation by responsible Ministers Part 2—National Heavy Vehicle Regulator Division 1—Establishment, functions and powers 656 Establishment of National Heavy Vehicle Regulator 657 Status of Regulator 658 General powers of Regulator 659 Functions of Regulator 660 Cooperation with participating jurisdictions and Commonwealth 661 Delegation Division 2—Governing board of Regulator Subdivision 1—Establishment and functions 662 Establishment of National Heavy Vehicle Regulator Board 663 Membership of Board 664 Functions of Board Subdivision 2—Members 665 Terms of office of members 666 Remuneration 667 Vacancy in office of member 668 Board member to give responsible Ministers notice of certain events 669 Extension of term of office during vacancy in membership 670 Members to act in public interest 671 Disclosure of conflict of interest Subdivision 3—Meetings 672 General procedure 673 Quorum 674 Chief executive officer may attend meetings 675 Presiding member 676 Voting 677 Minutes 678 First meeting 679 Defects in appointment of members Subdivision 4—Committees 680 Committees Division 3—Chief executive officer 681 Chief executive officer 682 Functions of chief executive officer 683 Delegation by chief executive officer Division 4—Staff 684 Staff 685 Staff seconded to Regulator 686 Consultants and contractors Part 2A—Database of heavy vehicles 686A Database of heavy vehicles 686B Regulator may share information in database of heavy vehicles Part 3—Miscellaneous Division 1—Finance 687 National Heavy Vehicle Regulator Fund 688 Payments into Fund 689 Payments out of Fund 690 Investment by Regulator 691 Financial management duties of Regulator 692 Amounts payable to other entities Division 2—Reporting and planning arrangements 693 Annual report 694 Other reports 695 Corporate plans Division 3—Oversight of the Regulator and Board 696 Application of particular Queensland Acts to this Law Division 4—Provisions relating to persons exercising functions under Law 697 General duties of persons exercising functions under this Law 698 Protection from personal liability for persons exercising Regulator's or Board's functions under this Law 698A No liability, right etc arising from particular functions of authorised officer or Regulator Chapter 13—General Part 1—General offences Division 1—Offence about discrimination or victimisation 699 Discrimination against or victimisation of employees 700 Order for damages or reinstatement Division 2—Offences about false or misleading information 701 False or misleading statements 702 False or misleading documents 703 False or misleading information given by responsible person to another responsible person 704 Offence to falsely represent that heavy vehicle authority is held etc Part 2—Industry codes of practice 705 Guidelines for industry codes of practice 706 Registration of industry codes of practice Part 3—Legal proceedings Division 1—Proceedings 707 Proceeding for indictable offences 707A Proceeding for other offences Division 2—Evidence 708 Proof of appointments unnecessary 709 Proof of signatures unnecessary 710 Averments 711 Evidence by certificate by Regulator generally 712 Evidence by certificate by road authority 713 Evidence by certificate by Regulator about matters stated in or worked out from records 714 Evidence by certificate by authorised officer about instruments 715 Challenging evidence by certificate 716 Evidence by record about mass 717 Manufacturer's statements 718 Measurement of weight on tyre 719 Transport and journey documentation 720 Evidence not affected by nature of vehicle 721 Certificates of TCA 722 Approved intelligent transport system 723 Evidence as to intelligent access map 724 Reports and statements made by approved intelligent transport system 725 Documents produced by an electronic recording system 726 Statement by person involved with use or maintenance of approved electronic recording system 726A Evidence of offence 726B Evidence obtained by police using other powers 726C Evidence obtained in another jurisdiction Division 3—Publication of court outcomes 726D Regulator may publish convictions, penalties, orders, etc Part 4—Protected information 727 Definitions for Chapter 13 Part 4 728 Duty of confidentiality for protected information 728A Duty of confidentiality for electronic work diary protected information 729 Protected information only to be used for authorised use 729A Electronic work diary protected information only to be used for electronic work diary authorised use 729B Warrant authorising use of electronic work diary protected information Part 5—National regulations 730 National regulations 731 National regulations for approved vehicle examiners 732 National regulations for publication of agreements for services to States or Territories 733 Publication of national regulations 734 Scrutiny of national regulations Part 6—Other 735 Approved forms 735A Legal professional privilege 736 Penalty at end of provision 737 Increase of penalty amounts 737A Application of section 737 to new penalties 738 Service of documents 739 Service by post 740 Fees 740A Increase of fee amounts 741 Recovery of amounts payable under Law 742 Contracting out prohibited 743 Other powers not affected Chapter 14—Savings and transitional provisions Part 1—Interim provisions relating to Ministers and Board 744 Responsible Ministers 745 Exercise of powers by Board between enactment and commencement Part 2—General provisions 746 Application of Part 2 747 Definitions for Part 2 748 General savings and transitional provisions 749 Expiry of certain permits, exemptions, notices and authorities 750 Amendment or cancellation of instruments carried over from former legislation 751 Expiry of industry codes of practice 752 Pending matters 753 Preservation of current PBS scheme 754 Preservation of contracts for current PBS scheme 755 National regulations for savings and transitional matters Part 3—Heavy Vehicle National Law Amendment Act 2015 (Queensland) 756 Application of section 87A to previously fitted plate or label 757 Saving of stated map and other matters under section 119 or 142 758 Application of section 737 to a new penalty Part 4—Heavy Vehicle National Law and Other Legislation Amendment Act 2016 (Queensland) 759 Application of section 737 to a new penalty Schedule 1—Miscellaneous provisions relating to interpretation Part 1—Preliminary 1 Displacement of Schedule by contrary intention Part 2—General 2 Law to be construed not to exceed legislative power of Parliament 3 Every section to be a substantive enactment 4 Material that is, and is not, part of this Law 5 References to particular Acts and to enactments 6 References taken to be included in Law or Act citation etc 7 Interpretation best achieving Law's purpose or object 8 Use of extrinsic material in interpretation 9 Effect of change of drafting practice 10 Use of examples 11 Compliance with forms Part 3—Terms and references 12 Definitions 13 Provisions relating to defined terms and gender and number 14 Meaning of 'may' and 'must' 15 Words and expressions used in statutory instruments 16 Effect of express references to bodies corporate and individuals 17 Production of records kept in computers etc 18 References to this jurisdiction to be implied 19 References to officers and holders of offices 20 Reference to certain provisions of Law 21 Reference to provisions of this Law or an Act is inclusive Part 4—Functions and powers 22 Exercise of statutory functions 23 Power to make instrument or decision includes power to amend or repeal 24 Matters for which statutory instruments may make provision 25 Presumption of validity and power to make 26 Appointments may be made by name or office 27 Acting appointments 28 Powers of appointment imply certain incidental powers 29 Delegation of functions 30 Exercise of powers between enactment and commencement Part 5—Distance, time and age 31 Matters relating to distance, time and age Part 6—Effect of repeal, amendment or expiration 32 Time of Law ceasing to have effect 33 Repealed Law provisions not revived 34 Saving of operation of repealed Law provisions 35 Continuance of repealed provisions 36 Law and amending Acts to be read as one Part 7—Instruments under Law 37 Schedule applies to statutory instruments Part 8—Application to coastal waters 38 Application Schedule 2—Subject matter for conditions of mass or dimension authorities Schedule 3—Reviewable decisions Part 1—Decisions of Regulator Part 2—Decisions of authorised officers Part 3—Decisions of relevant road managers Schedule 4—Liability provisions Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Heavy Vehicle National Law (South Australia) Act 2013. 3—Interpretation (1) For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the South Australian Heavy Vehicle National Law text. (2) In the local application provisions of this Act— Heavy Vehicle National Law (South Australia) means the provisions applying in this jurisdiction because of section 4 of this Act; Heavy Vehicle National Regulations or national regulations means the Heavy Vehicle National Regulations made under the Heavy Vehicle National Law; Heavy Vehicle National Regulations (South Australia) means the provisions applying in relation to this jurisdiction because of section 6; instrument includes a document; local regulations means regulations made under section 28, but does not include the Heavy Vehicle National Regulations and the Heavy Vehicle National Regulations (South Australia); South Australian Heavy Vehicle National Law text means the Heavy Vehicle National Law set out in the Schedule (as in force for the time being); State entity means a public sector agency within the meaning of the Public Sector Act 2009. (3) Terms used in the local application provisions of this Act and also in the South Australian Heavy Vehicle National Law text have the same meanings in those provisions as they have in that Law. (4) This section does not apply to the extent that the context or subject matter otherwise indicates or requires. Part 2—Application of Heavy Vehicle National Law and Heavy Vehicle National Regulations Division 1—General 4—Application of Heavy Vehicle National Law The South Australian Heavy Vehicle National Law text— (a) applies as a law of South Australia; and (b) as so applying may be referred to as the Heavy Vehicle National Law (South Australia). 5—Amendments to Schedule to maintain national consistency (1) If— (a) the Parliament of Queensland enacts an amendment to the Heavy Vehicle National Law set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland; and (b) the Governor is satisfied that an amendment that corresponds, or substantially corresponds, to the amendment made by the Parliament of Queensland should be made to the Heavy Vehicle National Law (South Australia), the Governor may, by regulation, amend the South Australian Heavy Vehicle National Law text. (2) The Governor may, as part of a regulation made under subsection (1), make any additional provisions (including so as to modify the terms of an amendment that has been made to the Heavy Vehicle National Law by the Parliament of Queensland or to provide for related or transitional matters) considered by the Governor to be necessary to ensure that the amendment to the Heavy Vehicle National Law has proper effect in South Australia. (3) A regulation made under this section may, if the regulation so provides, take effect from the day of the commencement of an amendment to the Heavy Vehicle National Law made by the Parliament of Queensland (including a day that is earlier than the day of the regulation's publication in the Gazette). 6—Application of Heavy Vehicle National Regulations The Heavy Vehicle National Regulations, as in force from time to time— (a) apply as national regulations in force for the purposes of the Heavy Vehicle National Law (South Australia), subject to modifications by the local regulations; and (b) as so applying may be referred to as the Heavy Vehicle National Regulations (South Australia). 7—Exclusion of legislation of this jurisdiction (1) The Acts Interpretation Act 1915 does not apply to the Heavy Vehicle National Law (South Australia) or to instruments made under that Law. (2) Subject to subsection (3), the following Acts of this jurisdiction do not apply to this Act or to instruments made under the Heavy Vehicle National Law (South Australia) (except as applied under that Law): (a) the Freedom of Information Act 1991; (b) the Public Finance and Audit Act 1987; (c) the Public Sector Act 2009; (d) the State Records Act 1997. (3) The Acts referred to in subsection (2) apply to a State entity or an employee of a State entity exercising a function under the Heavy Vehicle National Law (South Australia). (4) In this section— State entity does not include the Regulator. Division 2—Definitions, declarations and other references for purposes of Heavy Vehicle National Law (South Australia) 8—Definition of generic terms and terms having meaning provided by this Act In the Heavy Vehicle National Law (South Australia)— infringement notice—a reference to an infringement notice in section 591 of the Law is a reference to an expiation notice issued under the Expiation of Offences Act 1996; Magistrates Court means the Magistrates Court of South Australia; police officer means a member of SA Police under the Police Act 1998; responsible Minister for South Australia means the Minister to whom the administration of this Act is committed; this jurisdiction means the State of South Australia. 9—Declarations about industrial relations status of Regulator (1) It is declared that— (a) the Regulator is not a public sector employer for the purposes of the Fair Work (Commonwealth Powers) Act 2009; and (b) it is the intention of the Parliament that the Regulator be a national system employer for the purposes of the Fair Work Act 2009 of the Commonwealth. (2) No Act of South Australia can have effect to stop the Regulator from being a national system employer for the purposes of the Fair Work Act 2009 of the Commonwealth. 10—Other declarations for purposes of Heavy Vehicle National Law in this jurisdiction For the purposes of the Heavy Vehicle National Law (South Australia)— (a) each magistrate is declared to be an authorised warrant official; and (b) each police officer is declared to be an authorised officer; and (c) the Expiation of Offences Act 1996 is declared to be the Infringement Notice Offences Law; and (d) each council under the Local Government Act 1999 is declared to be a local government authority; and (e) the Work Health and Safety Act 2012 is declared to be the primary WHS Law; and (f) subject to paragraph (g), the Administrative and Disciplinary Division of the District Court is declared to be the relevant tribunal or court; and (g) the Magistrates Court is declared to be the relevant tribunal or court for the purposes of sections 556 and 590D of the Heavy Vehicle National Law (South Australia); and (h) an area that is a road or road‑related area within the meaning of the Road Traffic Act 1961 is declared to be a road or road‑related area; and (i) the Minister to whom the administration of the Road Traffic Act 1961 is committed is declared to be the road authority; and (j) an authority, person or body responsible for the care, control or management of a road is declared to be a road manager; and (k) the Australian Road Rules are declared to be the Road Rules. 11—References to mistake of fact defence The effect of a provision of the Heavy Vehicle National Law (South Australia) that states that a person charged with an offence does not have the benefit of the mistake of fact defence for the offence is that the person does not have the benefit of the mistake of fact defence for that offence. Note— See section 14 of the Law. Division 3—Authorisations for purposes of this jurisdiction 12—Authority to use force (1) An authorised officer who is a police officer is authorised to use force against a person in the exercise or purported exercise of a function under the Heavy Vehicle National Law (South Australia). Note— See section 491 of the Law. (2) An authorised officer is authorised to use force against property in the exercise or purported exercise of a function under the Heavy Vehicle National Law (South Australia) in relation to this jurisdiction. Note— See section 492 of the Law. 13—Authority to amend or withdraw vehicle defect notices An authorised officer who is a police officer of another jurisdiction may amend or withdraw a vehicle defect notice issued in this jurisdiction by an authorised officer who is a police officer. Note— See section 531 of the Law. 14—Authority to seize heavy vehicles or things Section 552(1) of the Heavy Vehicle National Law (South Australia) does not apply to an authorised officer who is a police officer impounding or seizing a heavy vehicle or thing under an Act or law of this jurisdiction. Note— See section 552(2) of the Law. 15—Authorised use of protected information For the purposes of Chapter 13 Part 4 of the Heavy Vehicle National Law (South Australia), the Motor Vehicles Act 1959 is specified as a relevant law. Note— See paragraph (k) of the definition of authorised use in respect of protected information in section 727(1) of the Law. Division 4—Modification of Heavy Vehicle National Law (South Australia) for purposes of this jurisdiction 16—Modification of Law for certain purposes The Heavy Vehicle National Law (South Australia) applies— (a) section 93 (Person must not tamper with speed limiter fitted to heavy vehicle)—as if subsection (8) were deleted; (b) section 498(1)(b) (Power to enter a place if evidence suspected to be at the place)—as if paragraph (b) were deleted and the following paragraph substituted: (b) there may be at the place evidence of an offence against this Law.; (c) section 499(1)(d) (Power to enter particular places if incident involving death, injury or damage)—as if paragraph (d) were deleted and the following paragraph substituted: (d) there may be at the place evidence of the offence mentioned in paragraph (b).; (d) section 517(1) (Direction to move heavy vehicle if causing harm etc)—as if paragraph (b) were deleted and the following paragraphs substituted: (b) obstructing, or likely to obstruct, traffic or any event lawfully authorised to be held on the road; or (c) obstructing or hindering, or likely to obstruct or hinder, vehicles from entering or leaving land adjacent to the road.; (e) section 572 (Improvement notices)— (i) as if subsections (1) and (2) were deleted and the following subsections substituted: (1) This section applies if an authorised officer reasonably believes a person has contravened, is contravening, or is likely to contravene, a provision of this Law. (2) The authorised officer may give the person a notice (an improvement notice) requiring the person to take action within a stated period to stop the contravention from occurring, continuing or occurring again or to remedy the matters or activities occasioning, or that would occasion, the contravention or likely contravention.; (ii) as if paragraphs (a) to (d) (inclusive) of subsection (4) were deleted and the following paragraphs substituted: (a) that the authorised officer reasonably believes the person has contravened, is contravening, or is likely to contravene, a provision of this Law; (b) the reasons for that belief; (c) the provision of this Law in relation to which that belief is held; (d) that the person must take action within a stated period to stop the contravention from occurring, continuing or occurring again or to remedy the matters or activities occasioning, or that would occasion, the contravention or likely contravention;; (f) with any other modifications that are necessary to give effect to any of the preceding paragraphs. 17—Modification of Law for other purposes The Heavy Vehicle National Law (South Australia) applies— (a) section 519 (Moving unattended heavy vehicle on road if causing harm etc)—as if the following subsection were inserted after subsection (7): (8) In this section— authorised officer includes, in relation to a heavy vehicle unattended on any road within the area of a council, an officer