Heavy Vehicle National Law (South Australia) Act 2013
Div 4Modification of Heavy Vehicle National Law (South Australia) for purposes of this jurisdiction
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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— (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;; (ea) section 711 (Evidence by certificate by Regulator generally)—as if the following subsection were inserted after subsection (1): (1a) A certificate purporting to be issued by the Registrar of Motor Vehicles under the Motor Vehicles Act 1959 of South Australia (the Motor Vehicles Act) and stating that, at a stated time or during a stated period— (a) a stated vehicle was or was not registered under the Motor Vehicles Act; or (b) a stated vehicle was or was not registered under the Motor Vehicles Act on the basis it is a heavy vehicle; or (c) a stated vehicle registered under the Motor Vehicles Act was or was not registered as a heavy vehicle of a stated category; or (d) a stated person was or was not the registered operator of a stated vehicle registered under the Motor Vehicles Act; or (e) a stated exemption or authorisation under the Motor Vehicles Act applied or did not apply to a stated person or a stated heavy vehicle; or (f) a stated person is the holder of a stated permit or other authority under the Motor Vehicles Act; or (g) a stated registration, exemption, authorisation, permit or other authority under the Motor Vehicles Act was or was not amended, suspended or cancelled under the Motor Vehicles Act; or (h) a stated penalty, fee, charge or other amount was or was not, or is or is not, payable under the Motor Vehicles Act by a stated person; or (i) a stated fee, charge or other amount payable under the Motor Vehicles Act was or was not paid to the Registrar; or (j) a stated person has or has not notified the Registrar of any, or a stated, change of the person's address, is evidence of the matter.; (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): authorised officer includes, in relation to a heavy vehicle unattended on any road within the area of a council, an officer of the council; council means a council under the Local Government Act 1999 of South Australia.; (b) section 571(1) (Authorised officers to whom Division applies)—as if subsection (1) were deleted and the following subsection substituted: (1) This Division applies to an authorised officer who is a police officer, or a police officer of a class, who has the relevant police commissioner's written authority to issue improvement notices under this Division.; (c) section 576(3) (Clearance certificate), definition of approved authorised officer, (a)—as if "police officer and" were deleted and "police officer, or a police officer of a class," were substituted; (d) with any other modifications that are necessary to give effect to any of the preceding paragraphs.