Div 6Miscellaneous

Division 6—Miscellaneous 22A—Delegation by road authority (1) Subject to subsection (2), the road authority may, by instrument in writing, delegate any of the powers or functions conferred on the road authority by or under this Act— (a) to a particular person; or (b) to the person for the time being occupying a particular position. (2) A delegation under this section cannot be made to a road manager or delegate of a road manager. (3) A power or function delegated under this section may, subject to the conditions of the instrument of delegation, be further delegated by instrument in writing. (4) A delegation under this section— (a) may be unconditional or subject to conditions specified by the delegator; and (b) does not derogate from the power of the delegator to act personally in any matter; and (c) is revocable at will by the delegator. 22B—Delegation by road manager (1) Subject to subsection (2), a road manager may, by instrument in writing, delegate any of the powers or functions conferred on a road manager by or under this Act— (a) to a particular person (including another road manager); or (b) to the person for the time being occupying a particular position. (2) A delegation under this section cannot be made to a road authority or delegate of a road authority. (3) A power or function delegated under this section may, subject to the conditions of the instrument of delegation, be further delegated by instrument in writing. (4) A delegation under this section— (a) may be unconditional or subject to conditions specified by the delegator; and (b) does not derogate from the power of the delegator to act personally in any matter; and (c) is revocable at will by the delegator. 23—Approved vehicle examiners A person who is, immediately before the commencement of this section, approved under the Recognised Engineering Signatory Scheme to inspect vehicle modifications for the purposes of the Road Traffic Act 1961 will be taken to be an approved vehicle examiner to inspect modifications of heavy vehicles for the purposes of the Heavy Vehicle National Law (South Australia). 24—Proof of lawful authority or lawful or reasonable excuse In proceedings for an offence against this Act in which it is material to establish whether an act was done with or without lawful authority, lawful excuse or reasonable excuse, unless a provision of the Heavy Vehicle National Law (South Australia) provides to the contrary, the onus of proving the authority or excuse lies on the defendant and, in the absence of such proof, it will be presumed that no such authority or excuse exists. 25—Provision of information and assistance by Registrar of Motor Vehicles (1) Despite any other Act or law, the Registrar is authorised, on his or her own initiative or at the request of the Regulator— (a) to provide the Regulator with such information (including information given in confidence) in the possession or control of the Registrar that is reasonably required by the Regulator for the purposes of this Act or the Heavy Vehicle National Law; and (b) to provide the Regulator with such other assistance as is reasonably required by the Regulator to exercise a function or power under this Act or the Heavy Vehicle National Law. (2) Despite any other Act or law, the Registrar may authorise the Regulator to disclose information provided under subsection (1) even if the information was given to the Registrar in confidence. (3) Nothing done, or authorised to be done, by the Registrar in acting under subsection (1) or (2)— (a) constitutes a breach of, or default under, an Act or other law; or (b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or (c) constitutes a breach of duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or (d) constitutes a civil or criminal wrong; or (e) terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or (f) releases a surety or any other obligee wholly or in part from an obligation. Registrar means the Registrar of Motor Vehicles under the Motor Vehicles Act 1959. 26—Various powers may be exercised on same occasion An authorised officer may exercise various powers under the Road Traffic Act 1961, the Motor Vehicles Act 1959 and this Act on the same occasion, whether the exercise of the powers is for the same purpose or different purposes and whether the opportunity to exercise 1 power arises only as a result of the exercise of another power.