HEAVY VEHICLE NATIONAL LAW (ACT)
Part 1Preliminary
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Part 1 Preliminary 1 Displacement of Schedule by contrary intention The application of this Schedule may be displaced, wholly or partly, by a contrary intention appearing in this Law.
2 Law to be construed not to exceed legislative power of Parliament (1) This Law is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Parliament of this (2) If a provision of this Law, or the application of a provision of this Law to a person, subject matter or circumstance, would, but for the purposes of this section, be construed as being in excess of the legislative power of the Parliament of this jurisdiction— (a) it is a valid provision to the extent to which it is not in excess of the power; and (b) the remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected. (3) This section applies to this Law in addition to, and without limiting the effect of, any provision of this Law. 3 Every section to be a substantive enactment Every section of this Law has effect as a substantive enactment without introductory words. 4 Material that is, and is not, part of this Law (1) The heading to a Chapter, Part, Division or Subdivision into which this Law is divided is part of this Law. (2) A Schedule to this Law is part of this Law. (3) Punctuation in this Law is part of this Law. (4) A heading to a section or subsection of this Law does not form part of this Law.
(5) Notes included in this Law (including footnotes and endnotes) do not form part of this Law. 5 References to particular Acts and to enactments (a) an Act of this jurisdiction may be cited— (ii) by reference to the year in which it was passed and its number; and (b) Commonwealth Act may be cited— (ii) in another way sufficient in a Commonwealth Act for the citation of such an Act; together with a reference to the Commonwealth; and (c) an Act of another jurisdiction may be cited— (ii) in another way sufficient in an Act of the jurisdiction for the citation of such an Act; together with a reference to the jurisdiction. 6 References taken to be included in Law or Act citation etc. (1) A reference in this Law to this Law or an Act includes a reference to— (a) this Law or the Act as originally enacted, and as amended from time to time since its original enactment; and
(b) if this Law or the Act has been repealed and re-enacted (with or without modification) since the enactment of the reference—this Law or the Act as re-enacted, and as amended from time to time since its re-enactment. (2) A reference in this Law to a provision of this Law or of an Act includes a reference to— (a) the provision as originally enacted, and as amended from time to time since its original enactment; and (b) if the provision has been omitted and re-enacted (with or without modification) since the enactment of the reference—the provision as re-enacted, and as amended from time to time since its re-enactment. (3) Subsections (1) and (2) apply to a reference in this Law to a law of the Commonwealth or another jurisdiction as they apply to a reference in this Law to an Act and to a provision of an Act. 7 Interpretation best achieving Law’s purpose or object (1) In the interpretation of a provision of this Law, the interpretation that will best achieve the purpose or object of this Law is to be preferred to any other interpretation. (2) Subsection (1) applies whether or not the purpose or object is expressly stated in this Law. 8 Use of extrinsic material in interpretation (1) In this section— extrinsic material means relevant material not forming part of this Law, including, for example— (a) material that is set out in the document containing the text of this Law as printed by the Government Printer; and