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Heavy Vehicle (Adoption of National Law) Act 2013
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Turn the raw legal text into a practical explanation grounded in Heavy Vehicle (Adoption of National Law) Act 2013.
27F Section 10 of Crimes (Sentencing Procedure) Act 1999 not applicable in certain circumstances
(1) Section 10 of the Crimes (Sentencing Procedure) Act 1999 does not apply if a person is charged before a court with an applicable heavy vehicle offence if, at the time of or during the period of 5 years immediately before the court’s determination in respect of the charge, that section is or has been applied to or in respect of the person in respect of a charge for another applicable heavy vehicle offence (whether of the same or a different kind).
(2) Each of the following is an applicable heavy vehicle offence for the purposes of subsection (1)—
(a) an offence against the Heavy Vehicle National Law (NSW) that involves a severe risk breach of a mass, dimension or load restraint requirement under that Law,
(b) (Repealed)
(c) an offence against Chapter 6 (Vehicle operations—driver fatigue) of the Heavy Vehicle National Law (NSW),
(d) an offence referred to in section 203 (2) (e) or (f) of the Road Transport Act 2013 (as in force immediately before its amendment by the Heavy Vehicle (Adoption of National Law) Amendment Act 2013) or a former corresponding offence,
(e) an offence of aiding, abetting, counselling or procuring the commission of an offence referred to in paragraph (a), (b), (c) or (d).
(3) In this section—
former corresponding offence means an offence against a provision of an Act or statutory rule that is a former corresponding provision within the meaning of the Road Transport Act 2013 in relation to a provision referred to in section 203 (2) (e) or (f) of that Act (as in force immediately before its amendment by the Heavy Vehicle (Adoption of National Law) Amendment Act 2013).
s 27F: Ins 2013 No 71, Sch 1 [22]. Am 2018 No 23, Sch 1.1 [4].