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South Australia hits back at NTC

State insists derogations are well-understood at both levels of government after NTC report

 

South Australia has produced a stout defence of its divergences on the Heavy Vehicle National Law (HVNL) following National Transport Commission (NTC) comments in its reform monitoring report.

The NTC’s annual National Transport Reform Implementation Report to the national Transport and Infrastructure Council aims to assess how well nationally agreed transport reforms are progressing.

Though the transport policy body made no mention of the fact and despite its size, the state had the second-largest number of diversions, or ‘derogations’, after New South Wales and the most derogations rated as ‘medium impact’ in a three level rating – no state gained a ‘high’ rating.

But an SA government spokesperson disagreed with or played down the significance of the ratings.

“South Australia diverged from the National Law in a small number of instances to preserve some enforcement powers and some offences that were implemented as part of the original national model compliance and enforcement law,” the spokesperson tells Owner//Driver in a written response. 

“These were omitted from the National Law due to legal frameworks in other States.

“South Australia notified the then Ministerial Council of these derogations and consulted with both the National Transport Commission, other States and Territories, and industry in relation to these variations. 

“It was agreed that the South Australian divergences would have minimal regulatory impact, nor would they create inconsistencies for compliant operators as they only affected enforcement powers or maintained existing offences for non-compliant behaviours.

“Retaining four offences that were previously expiable in South Australia, but not under the National Law, has similarly not increased the regulatory burden, but provided industry with a choice of paying the expiation fee, as opposed to the prosecution-only option.

“A number of South Australian derogations from the National Law will disappear as part of future amendment packages.

“South Australia continues to work actively with the heavy vehicle transport industry, the National Transport Commission, National Heavy Vehicle Regulator and Australian Governments on the national legislation and its application to ensure a safe and productive industry.”

The NTC declined to comment on the SA response.

 

 

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