Part 4ACentral Inspection Authority

Part 4A—Central Inspection Authority 163A—The Authority (1) The Central Inspection Authority (in this Part referred to as the Authority) is established. (2) The Minister may, by notice in the Gazette, declare that any person, body or administrative unit constitutes the Authority, and the Authority is then constituted accordingly. (3) The Minister may, by further notice in the Gazette, vary or revoke any notice given under this section. (4) The Authority may, with the approval of the Minister, delegate to any person, body or department of Government any of the powers, duties or functions, other than this power of delegation, conferred or imposed on the Authority by this Act. (5) A delegation under subsection (4) is revocable at will and does not derogate from the power of the Authority to act in any matter. (6) The Authority is subject to the control and direction of the Minister. 163C—Application of Part (1) This Part applies to vehicles of a prescribed class. (1a) The Minister may, by notice in writing— (a) exempt a specified vehicle from this Part or from specified provisions of this Part; or (b) vary or revoke an exemption under paragraph (a). (1b) An exemption under subsection (1a) is subject to such conditions and limitations (if any) as the Minister thinks fit and specifies in the instrument of exemption. (3) If the Registrar of Motor Vehicles suspects on reasonable grounds that a motor vehicle has been driven in contravention of this Part, the Registrar may, on the recommendation of the Authority, suspend the registration of the vehicle until such time as a certificate of inspection is issued in relation to the vehicle. 163D—Inspection of vehicles and issue of certificates of inspection (1) A vehicle to which this Part applies must not be driven on a road while carrying passengers (other than the driver) unless the vehicle is the subject of a current certificate of inspection. (1a) The owner and the operator of a vehicle to which this Part applies must ensure that the vehicle is produced to the Authority for inspection at least once within each prescribed period or as the Authority may direct in a particular case. (2) Subject to subsections (3) and (3a), the Authority must, after inspection of a vehicle and on payment of the prescribed fee, issue a certificate of inspection in the prescribed form in respect of that vehicle and, subject to this Act, that certificate remains in force until the expiration of the next period, specified in the certificate, within which the vehicle must be again inspected. (3) The Authority must not issue a certificate of inspection— (a) if the inspection reveals a mechanical defect or inadequacy that may, in the opinion of the Authority, render the vehicle unsafe; or (b) if the vehicle does not comply with prescribed requirements relating to its design, construction or safety. (3a) The Authority may refuse a certificate of inspection if, in its opinion, the vehicle has not, since a certificate was last issued, been maintained in accordance with a prescribed scheme of maintenance that applies to the vehicle. (4) The Minister may exempt such persons, or persons of such class, from payment of the prescribed fee as the Minister thinks fit. (5) The Authority may, when issuing a certificate of inspection, attach such conditions to the certificate as it thinks fit. (6) If a vehicle is driven on a road in contravention of subsection (1), or when a condition of a certificate of inspection in respect of the vehicle has not been complied with, the driver, the owner and the operator of the vehicle are each guilty of an offence. 163E—Inspection of vehicles (1) A vehicle to which this Part applies may be inspected at any time by the Authority or an authorised officer despite the fact that a certificate of inspection relating to the vehicle is in force. (2) The Authority may, by notice given to the owner or the operator of a vehicle, direct that the vehicle be presented for inspection under this section at such place and time as is specified in the notice. (3) A person who fails to comply with a notice served under subsection (2) is guilty of an offence. (4) An authorised officer may inspect a vehicle under this section at any time and place and may enter any premises for the purpose of making the inspection. 163F—Cancellation of certificates of inspection The Authority may cancel a certificate of inspection on being satisfied— (a) that a notice given under section 163E in relation to the vehicle has not been complied with; or (b) that a condition of the certificate has not been complied with; or (c) that a vehicle to which the certificate relates is unsafe; or (d) that since the certificate was issued, there has been a failure to maintain the vehicle in accordance with a prescribed scheme of maintenance that applies to the vehicle; or (e) that a vehicle to which the certificate relates does not comply with prescribed requirements relating to its design, construction and safety. 163G—Inspection of certificates An authorised officer may require the driver of a vehicle to which this Part applies to stop the vehicle for the purpose of permitting that officer to inspect any certificate of inspection that may be attached to the vehicle. 163GA—Maintenance records (1) If a prescribed scheme of maintenance applies to a vehicle— (a) the following information must be recorded, in the English language, in a clear and legible manner, on the prescribed form in respect of the vehicle: (i) particulars of all prescribed maintenance and repair work carried out on the vehicle; and (ii) such other particulars as are prescribed; and (b) those records must be retained in South Australia for a period of three years, or for such shorter period as may be prescribed, in a form that permits quick and convenient reference. (1a) If there is a failure to comply with subsection (1) in respect of a vehicle to which subsection (1) applies, the owner and the operator of the vehicle are each guilty of an offence. (1b) If a vehicle is not maintained in accordance with a prescribed scheme of maintenance that applies to the vehicle, the owner and operator of the vehicle are each guilty of an offence. (2) The Authority may, by notice in writing, exempt a person from the requirement to use the prescribed form when making records under this section if, in its opinion, the records that that person will make under this section will be of a satisfactory standard. (3) The Authority may, by subsequent notice in writing, vary or revoke an exemption granted under subsection (2). 163I—Evidentiary An apparently genuine certificate purporting to be under the seal of the Authority to the effect that, at any specified time— (a) a vehicle was, or was not, the subject of a current certificate of inspection, is, in the absence of proof to the contrary, proof of the fact so certified. 163J—Recognition of interstate certificates of inspection (1) The Authority may recognise a certificate of inspection issued in respect of a vehicle under the law of another State or Territory of Australia if the Authority is satisfied that the issuing body observes standards of vehicle safety comparable to those observed by the Authority. (2) A certificate of inspection recognised by the Authority under this section will, for the purposes of this Part, be taken to be a certificate of inspection issued by the Authority. 163K—Limitation of liability No person who does any act under, or purportedly under, this Part, or omits to exercise any power conferred under this Part, is under any civil or criminal liability in respect of that act or omission if the person acted, or omitted to act, in good faith and with reasonable care.