Part 3Regulations

Part 3—Regulations 27—National regulations (1) The Subordinate Legislation Act 1978 does not apply to the national regulations. (2) The Minister is to make arrangements for the tabling of a regulation made under the Heavy Vehicle National Law in both Houses of Parliament. (3) The Minister must, after a regulation is tabled in each House of Parliament under subsection (2), forward a copy of the regulation to the Legislative Review Committee of the Parliament for inquiry and report. (4) A regulation made under the Heavy Vehicle National Law may be disallowed by a House of Parliament in the same way, and within the same period, that a regulation made under an Act of this jurisdiction may be disallowed. (5) However, if a regulation made by the designated authority pursuant to section 730 of the Heavy Vehicle National Law is disallowed in this jurisdiction, the regulation does not cease to have effect in this jurisdiction unless the regulation is disallowed in a majority of the participating jurisdictions (and, in such a case, the regulation will cease to have effect on the date of its disallowance in the last of the jurisdictions forming the majority). 28—Local regulations (1) The Governor may make regulations (the local regulations) for or with respect to any matter— (a) that by the local application provisions of this Act is required or permitted to be prescribed by the local regulations or that is necessary or convenient to be prescribed by the local regulations for carrying out or giving effect to the local application provisions of this Act; or (b) that by the Heavy Vehicle National Law (South Australia) is required or permitted to be prescribed by the local regulations. (2) Without limitation, the local regulations may make provision for or with respect to— (a) the administration of the Heavy Vehicle National Law (South Australia); and (b) procedural matters relating to any aspects of the Heavy Vehicle National Law (South Australia). (3) Without limiting subsection (1) or (2), the local regulations may— (a) confer on police officers or persons of a specified class power to give directions (including directions requiring action inconsistent with other requirements under the Heavy Vehicle National Law (South Australia) or the Heavy Vehicle National Regulations (South Australia)) or any other power for the safe and efficient regulation of traffic; and (b) provide for exemptions (conditional or unconditional) from specified provisions of the Heavy Vehicle National Law (South Australia) or the Heavy Vehicle National Regulations (South Australia); and (c) make provision for the inspection of vehicles for the purposes of the local application provisions of this Act, the Heavy Vehicle National Law (South Australia) or the Heavy Vehicle National Regulations (South Australia); and (d) prescribe and provide for the payment of fees in respect of specified matters under, or matters that relate to the purposes of, the local application provisions of this Act, the Heavy Vehicle National Law (South Australia) or the Heavy Vehicle National Regulations (South Australia) (including, for example, fees on the making of an application, an assessment or a booking, and fees for vehicle or other inspections); and (e) impose a penalty for a contravention of, or non-compliance with, a local regulation of not more than the amount specified in section 730(3)(b) of the Heavy Vehicle National Law (South Australia); and (f) fix expiation fees for an alleged offence against the local application provisions of this Act or the local regulations; and (g) prescribe offences for the purposes of section 591 of the Heavy Vehicle National Law (South Australia) and fix expiation fees for such alleged offences in respect of which an infringement notice has been issued. (4) An expiation fee fixed under the local regulations for an alleged offence against the local application provisions of this Act, the Heavy Vehicle National Law (South Australia), the Heavy Vehicle National Regulations (South Australia) or the local regulations may not exceed 10% of the penalty fixed for the relevant offence. (5) The local regulations may— (a) be of general application or limited application; and (b) make different provision according to the matters or circumstances to which they are expressed to apply. (6) Without limiting a preceding subsection, the Governor may, by regulation, modify the operation of the Heavy Vehicle National Regulations (South Australia) (even if to do so is inconsistent with the Heavy Vehicle National Law (South Australia)).