Document ID: chunk:federal_register_of_legislation:F2016C00708:schedule:2:p1
Version: federal_register_of_legislation:F2016C00708
Segment Type: schedule
Provision Reference: sch 2 (pt 1/2)
Character Range: 14412–17473

Schedule 2—Penalty levels for certain offences relating to mass, dimension or load restraint requirements
Introductory note from the National Road Transport Commission
  This Bill is intended to provide a model, nationally consistent and best practice legislative scheme to improve compliance with and enforcement of the road transport laws.
  Because the State, Territory and Commonwealth compliance frameworks for heavy vehicles need to be consistent not only with a national heavy vehicle compliance framework, but also with their own wider legal compliance contexts, the Bill has not been tailored as template legislation for uniform application throughout Australia. Instead, the provisions are in model form to allow for implementation in each jurisdiction using the most convenient and effective regulatory manner available.
'Essential' vs 'desirable' classification
  Also, some aspects of the Bill have been classified as desirable only, rather than essential, for nationally consistent outcomes. Those classified desirable are considered valuable components of the proposed national best practice legislative compliance and enforcement scheme, but are not regarded as critical for nationally consistent outcomes. This classification allows flexibility for any jurisdiction that cannot implement a desirable only component, while identifying those aspects that are essential for implementation in every jurisdiction.
  The following are the proposed 'desirable only' components of the Bill:
  Absolute liability, wherever an offence is specified to be an offence of absolute liability. Where a jurisdiction is unable to implement absolute liability, strict liability is the proposed alternative standard.
  Reasonable steps defence.
  Provisions for the limited abrogation of the privilege against self‑incrimination.
  Formal warning.
  Minimum fine for a second or subsequent mass, dimension or load restraint offence.
  Commercial benefits penalty.
  Supervisory intervention order.
  Restriction of an order affecting a vehicle registration or heavy vehicle licence in respect of a mass, dimension or load restraint offence to a severe risk offence.
  Prohibition order.
  In addition, it is not essential to nationally consistent outcomes that the use of infringement penalties for mass, dimension and load restraint requirements be limited to minor risk breaches and substantial risk breaches only.
Note: These provisions are intended to be adapted for use in each jurisdiction according to local requirements and local law.
 While this document is in the form of a Bill for ease of reference, these model provisions may need to be incorporated into the law of a jurisdiction by way of amendment of existing legislation. The provisions may need to be adapted to conform to local legislation and legislative practice, and to local legal and policy requirements.
 The contents of the Bill do not necessarily reflect the views of any government.
A Bill for an Act to make provision for compliance with, and enforcement of, certain laws that