Div 5Supplementary powers relating to enforcement in this jurisdiction

Division 5—Supplementary powers relating to enforcement in this jurisdiction 18—Application of this Division (1) The provisions set out in this Division are additional to the provisions of the Heavy Vehicle National Law (South Australia). (2) The powers that may be exercised by authorised officers in this jurisdiction under this Division are additional to the powers that may be exercised by an authorised officer under the Heavy Vehicle National Law (South Australia). 19—Power to enter certain places (1) At any time when a place where heavy vehicles are exhibited or kept for sale or hire is open for business, an authorised officer may, for the purposes of determining whether a vehicle exhibited or kept for sale or hire at that place is a defective heavy vehicle (within the meaning of section 525 of the Heavy Vehicle National Law (South Australia)), inspect the vehicle or direct the owner, the registered operator or the person in charge of the vehicle to produce it for inspection at a time and place stated by the authorised officer. (2) A person must comply with a direction given under this section. (3) An authorised officer may for the purposes of inspecting a heavy vehicle under this section— (a) cause the vehicle to be inspected by another person; and (b) drive or test, or cause another person to drive or test, the vehicle. (4) Chapter 9 Part 3 Division 6 of the Heavy Vehicle National Law (South Australia) applies if, after an inspection of a heavy vehicle under this section, an authorised officer reasonably believes— (a) the vehicle is a defective heavy vehicle; and (b) the use of the vehicle on a road poses a safety risk. 20—Person must not possess certain devices (1) A person must not, without reasonable excuse, have in his or her possession a device that is designed, or is adapted, to enable tampering with a speed limiter (a tampering device). (a) if the offender is a natural person—$10 000; (b) if the offender is a body corporate—$50 000. (2) An authorised officer may seize, retain and test any device that he or she has reasonable cause to suspect is a tampering device. (3) A court that has convicted a person of an offence against this section may order that the tampering device in relation to which the offence was committed be forfeited to the Crown. (4) In proceedings for an offence against this section, an allegation in the complaint that a specified device is designed, or is adapted, to enable tampering with a speed limiter is, in the absence of proof to the contrary, proof of the matter so alleged. (5) For the purposes of this section, a reference to a tampering device includes a reference to a computer or other electronic device on which a software program that is intended, or able, to be used to tamper with a speed limiter is installed or stored. 21—Offence to sell or dispose of heavy vehicle in respect of which vehicle defect notice is in force (1) A person must not sell or otherwise dispose of a heavy vehicle in respect of which a vehicle defect notice has been issued if the vehicle defect notice has not been cleared under the Heavy Vehicle National Law of a participating jurisdiction. (2) It is a defence to a charge under subsection (1) of having sold or otherwise disposed of a heavy vehicle in respect of which a vehicle defect notice is in force if the defendant satisfies the court that at the time of the sale or disposal he or she had reason to believe that the vehicle was not intended to be used on a road after the sale or disposal. 22—Moving unattended etc heavy vehicle if danger or obstruction (a) an authorised officer reasonably believes that a heavy vehicle is unattended or broken down on a bridge, culvert or freeway; or (b) an authorised officer reasonably believes that— (i) a heavy vehicle on a road is unattended; and (ii) the heavy vehicle is— (A) obstructing or likely to obstruct any event lawfully authorised to be held on the road; or (B) obstructing or hindering, or likely to obstruct or hinder, vehicles from entering or leaving land adjacent to the road; or (c) an authorised officer reasonably believes that— (i) a heavy vehicle on a road is broken down; and (ii) the heavy vehicle is— (A) causing, or creating an imminent risk of, serious harm to public safety, the environment or road infrastructure; or (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. (2) The authorised officer may move or authorise someone else (the assistant) to move the heavy vehicle or, if it is a combination, any component vehicle of the combination, to the extent it is reasonably necessary to avoid the harm or obstruction. by driving, pushing or towing the vehicle (3) The authorised officer or assistant may— (a) enter the heavy vehicle to enable the authorised officer or assistant to move it; and (b) for a combination—separate any or all of the component vehicles of the combination for the purpose of moving 1 or more of them. (4) The authorised officer or assistant may drive the heavy vehicle even if the officer or assistant is not qualified to drive it if the authorised officer reasonably believes there is no‑one else in or near the vehicle who is more capable of driving it and fit and willing to drive it. (6) In driving the heavy vehicle under subsection (4), the authorised officer or assistant is exempt from a provision of an Australian road law to the extent the provision would require the authorised officer or assistant to be qualified to drive the vehicle. (7) The authorised officer or assistant may use the force that is reasonably necessary to do anything that is reasonably necessary to avoid the harm or obstruction. authorised officer includes— (a) in relation to a heavy vehicle unattended or broken down on a freeway—a person authorised by the responsible Minister for the purposes of this section; and (b) in relation to a heavy vehicle unattended or broken down on any road within the area of a council—an officer of the council; broken down— (a) a heavy vehicle is broken down if it is not possible to drive the vehicle because it is disabled through damage, mechanical failure, lack of fuel or any similar reason; and (b) a trailer is broken down if it is not connected (either directly or by 1 or more other trailers) to a towing vehicle, whether or not the trailer is also disabled through damage, mechanical power or any similar reason; and (c) a combination is broken down if it is not possible to drive the combination because the combination or a vehicle comprised in the combination is disabled through damage, mechanical failure, lack of fuel or any similar reason; and (d) a vehicle of a kind not referred to in any of the preceding paragraphs is broken down if it is not connected to a towing vehicle or an animal by which it could be drawn or if it is not possible to tow or draw the vehicle because it is disabled through damage, mechanical failure or any similar reason; council means a council under the Local Government Act 1999; event means an organised sporting, recreational, political, artistic, cultural or other activity, and includes a street party; freeway means a length of road to which a freeway sign applies in accordance with the Australian Road Rules.