{"id":"tas:act-2013-056","name":"Heavy Vehicle Accreditation Scheme Validation Act 2013","slug":"heavy-vehicle-accreditation-scheme-validation-act-2013","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"56 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31758,"registerId":"tas-act-2013-056-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Heavy Vehicle Accreditation Scheme Validation Act 2013](/view/html/inforce/2026-04-12/act-2013-056) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which this Act receives the Royal Assent.","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Validation of Administrative Actions Relating to Alternative Compliance Scheme","content":"# Part 2 Validation of Administrative Actions Relating to Alternative Compliance Scheme","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation of Part","content":"### 3 Interpretation of Part\n\n> In this Part –\n> \n> > ***alternative compliance accreditation*** means accreditation as a member of an approved alternative compliance scheme under Part VII;\n> \n> > ***certificate of accreditation*** means –\n> > \n> > > > (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\n> > > \n> > > > (b) a document with that title, issued by the responsible department as a replacement for a document referred to in [paragraph (a)](#GS3@Nd1972013202111@Hpa@EN)  –\n> > > > \n> > > > > > (i) on the renewal of, or variation of, alternative compliance accreditation, under Part VII; or\n> > > > > \n> > > > > > (ii) on the imposition under section 70 of Part VII of conditions on the alternative compliance accreditation;\n> \n> > ***Commission*** means the Transport Commission incorporated under the [Transport Act 1981](/view/html/inforce/2026-04-12/act-1981-020) ;\n> \n> > ***Part VII*** means Part VII of the [Traffic Act 1925](/view/html/inforce/2026-04-12/act-1925-038) , as in force during the validation period;\n> \n> > ***responsible department*** means the responsible Department in relation to the [Traffic Act 1925](/view/html/inforce/2026-04-12/act-1925-038) ;\n> \n> > ***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;\n> \n> > ***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](/view/html/inforce/2026-04-12/act-2013-030) .","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Actions of officer of responsible department","content":"### 4 Actions of officer of responsible department\n\n> > (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.\n> \n> > (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.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Fees","content":"### 5 Fees\n\n> > (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.\n> \n> > (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.\n> \n> > (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.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Notification of accreditation","content":"### 6 Notification of accreditation\n\n> 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.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Conditions of accreditation","content":"### 7 Conditions of accreditation\n\n> > (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.\n> \n> > (2)  The conditions listed in a certificate of accreditation referred to in [subsection (1)](#GS7@Gs1@EN) 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 –\n> > \n> > > > (a) pursuant to section 70(1) of Part VII; and\n> > > \n> > > > (b) from the date of the certificate of accreditation; and\n> > > \n> > > > (c) for the period the alternative compliance accreditation is –\n> > > > \n> > > > > > (i) effective under section 69 of Part VII; or\n> > > > > \n> > > > > > (ii) taken to be effective under this Act.\n> \n> > (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.\n> \n> > (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)](#GS7@Gs2@EN) .","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Period of accreditation","content":"### 8 Period of accreditation\n\n> > (1)  In this section –\n> > \n> > > ***relevant period*** means the period between 26 June 2000 and 21 March 2010 (both days inclusive);\n> > \n> > > ***transitional period*** means the period between 22 March 2010 and 20 January 2013 (both days inclusive).\n> \n> > (2)  Despite section 69(2) of Part VII –\n> > \n> > > > (a) if the Commission, during the relevant period –\n> > > > \n> > > > > > (i) approved an application for alternative compliance accreditation; or\n> > > > > \n> > > > > > (ii) renewed, or purportedly renewed, alternative compliance accreditation; and\n> > > \n> > > > (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 –\n> > \n> > 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.\n> \n> > (3)  Despite section 69(2) of Part VII –\n> > \n> > > > (a) if the Commission, during the transitional period –\n> > > > \n> > > > > > (i) approved an application for alternative compliance accreditation; or\n> > > > > \n> > > > > > (ii) renewed, or purportedly renewed, alternative compliance accreditation; and\n> > > \n> > > > (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\n> > > \n> > > > (c) the Commission renewed or purported to renew the initial accreditation after the specified date–\n> > \n> > 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.\n> \n> > (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 –\n> > \n> > > > (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\n> > > \n> > > > (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.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Administration of Act","content":"### 9 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Infrastructure; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Infrastructure, Energy and Resources.\n\n*\n\n**10.**   \n\n> See [Schedule 1](#JS1@EN) .\n\n*","sortOrder":11},{"sectionNumber":"10.","sectionType":"section","heading":null,"content":"### 10.\n\n> See [Schedule 1](#JS1@EN) .","sortOrder":12},{"sectionNumber":"SCHEDULE 1 - Consequential Ame","sectionType":"part","heading":"SCHEDULE 1 - Consequential Amendments","content":"# SCHEDULE 1 - Consequential Ame SCHEDULE 1 - Consequential Amendments\n\n[Section 10](#GS10@EN) [Heavy Vehicle National Law (Tasmania) Act 2013](/view/html/inforce/2026-04-12/act-2013-030)","sortOrder":13}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: validating administrative actions related to the alternative compliance scheme for heavy vehicles during a specific historical period (2000-2013). While it deals with multiple technical issues (officer authority, fees, conditions, time periods), all are directly connected to the core validation objective. There is no scope creep into broader transport policy or ongoing regulatory schemes."},"complexity_factors":["Multiple nested definitions in section 3 (certificate of accreditation has 2 levels of sub-paragraphs)","Cross-references to 3 other Acts (Traffic Act 1925, Transport Act 1981, Heavy Vehicle National Law (Tasmania) Act 2013)","Date-dependent conditional logic with 3 distinct periods (validation period, relevant period, transitional period)","Retrospective validation mechanism requiring tracking of purported vs actual legal authority","Multiple 'no action lies' immunity clauses (sections 4, 5, 7, 8) with conditional triggers","Incomplete Schedule 1 (appears truncated in source text)"],"plain_english_summary":"**What this law does:**\n\nThis Act fixes a legal mess in Tasmania involving heavy vehicle accreditation. Between 2000 and 2013, government officers were issuing accreditations and collecting fees for an \"alternative compliance scheme\" (a system letting trucking companies follow different safety rules). The problem? Those officers didn't actually have the legal power to do what they were doing — they were supposed to be acting on behalf of the Transport Commission, but technically weren't.\n\nThis law **backdates legal validity** to all those actions. It says: \"Even though there were technical problems with who was doing what, everything is now deemed valid.\"\n\n**Who it affects:**\n- **Trucking companies and operators** who received accreditation between June 2000 and early 2013\n- **The Tasmanian Government** — it protects the Crown and Transport Commission from being sued over these technical errors\n- **Anyone who paid fees** — the $66 fee is now locked in as valid, even if there were questions about whether it was properly set\n\n**Key fixes:**\n- **Officer actions validated**: Department officers who issued accreditations are now treated as proper delegates of the Transport Commission\n- **Fees protected**: The $66 fee is confirmed valid, and the government can't be sued over fee collection\n- **Certificates fixed**: Accreditation certificates that listed conditions or had unusual expiry dates are now legally sound\n- **Time periods sorted out**: Special rules for accreditations issued between 2000-2010 and 2010-2013 that had shorter-than-3-year validity periods\n- **No compensation**: The Act explicitly blocks anyone from suing the government for losses caused by these technical fixes\n\n**Why it matters:**\nWithout this law, hundreds of trucking accreditations could have been challenged as invalid. That would have created chaos for the transport industry — operators might have been driving illegally, insurance could have been void, and the government faced massive liability. This is a classic \"patch-up\" statute to prevent administrative errors from becoming legal disasters."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have remained within its original narrow purpose of validating actions taken under the Heavy Vehicle Accreditation Scheme. No amendments appear to have expanded or contracted its scope since commencement in November 2013."},"complexity_factors":["Retrospective (backdating) legal effect, which can raise questions about what actions are covered and from when","Requires understanding of the national Heavy Vehicle Accreditation Scheme and how it interacts with Tasmanian law","The actual operative text of the Act is not provided in full, limiting full analysis of specific provisions","Interaction with national heavy vehicle regulatory framework adds a layer of federalism complexity","Validation laws as a legal concept are unfamiliar to most laypeople"],"plain_english_summary":"This short Tasmanian Act retrospectively validates actions taken under the national Heavy Vehicle Accreditation Scheme, confirming accreditations and related decisions are legally effective despite any earlier technical defect. It primarily affects Tasmanian heavy vehicle operators, transport businesses and the agencies that administer the scheme — ensuring accreditation status and decisions cannot be challenged on the basis of that procedural/legal gap."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act retrospectively alters the legal effect of past administrative acts in respect of alternative compliance accreditation by deeming them valid (see ss4–8). It converts prior officer actions, fees, notices, listed conditions and certain accreditation durations into legally effective actions and limits civil liability tied solely to those validations. It does not otherwise rewrite the substantive requirements of Part VII going forward, but it changes the legal status of past conduct and outcomes during the validation period."},"complexity_factors":["Retrospective operation across a defined validation period (definitions in s3; validation effect in ss4–8).","Deeming provisions that create legal fictions (officers as delegates, certificates as notice, conditions deemed imposed) rather than affirmative re‑adoptions of prior decisions (ss4,6,7).","Multiple time windows with different legal effects (s8 defines 'relevant period' and 'transitional period' with distinct rules).","Broad immunity from civil actions against the Crown or the Commission for losses solely resulting from the validated acts (ss4(2),5(3),7(4),8(4)).","Retrospective specification of the prescribed fee as $66 and validation of previously collected fees (s5).","Dependence on and interaction with external statutes and instruments (Part VII of the Traffic Act 1925; Heavy Vehicle National Law (Tasmania) Act 2013) and on the content of certificates of accreditation (s3 defns; ss6–7).","Narrow subject-matter (alternative compliance accreditation) but technical drafting (multiple deeming clauses) that can complicate downstream legal interpretation.","Administrative assignment pending an Administrative Arrangements order (s9) and an unresolved Schedule 1 of consequential amendments adds cross‑reference complexity."],"plain_english_summary":"This Act retroactively validates administrative actions about \"alternative compliance accreditation\" under Part VII of the Traffic Act 1925 for a defined validation period (26 June 2000 to the commencement of s4 of the Heavy Vehicle National Law (Tasmania) Act 2013). It treats responsible-department officers as delegates of the Commission, fixes the prescribed fee at $66, treats certificates as written notice and as imposing listed conditions, deems certain accreditation periods effective, and limits civil actions tied solely to those validated acts. It affects applicants, accredited persons, the Commission and the responsible department."}},"importantCases":[],"_links":{"self":"/api/acts/heavy-vehicle-accreditation-scheme-validation-act-2013","history":"/api/acts/heavy-vehicle-accreditation-scheme-validation-act-2013/history","analysis":"/api/acts/heavy-vehicle-accreditation-scheme-validation-act-2013/analysis","conflicts":"/api/acts/heavy-vehicle-accreditation-scheme-validation-act-2013/conflicts","importantCases":"/api/acts/heavy-vehicle-accreditation-scheme-validation-act-2013/important-cases","documents":"/api/acts/heavy-vehicle-accreditation-scheme-validation-act-2013/documents"}}