Part 2.1 Inter-relationship between road transport legislation and other law
14 General relationship with other laws
(cf former Act, s 6)
(1) Other Acts and laws not affected except as provided by this section
Nothing in the road transport legislation:(a) affects any of the provisions of any other Act or any statutory rule, or takes away any powers vested in any person or body by any other Act or statutory rule, except as provided by this section, or(b) affects any liability of any person at common law except to the extent that the road transport legislation provides otherwise expressly or by necessary intendment.(2) This Act generally prevails over other legislation in cases of inconsistency
However (subject to subsection (3)):(a) an Act that forms part of the road transport legislation prevails over any other Act or statutory rule to the extent of any inconsistency, and(b) a statutory rule that forms part of the road transport legislation prevails over any other Act or statutory rule to the extent of any inconsistency in respect of driver licensing, vehicle registration or traffic on roads (or other related matters).(3) Regulations may displace operation of subsection (2)
Despite subsection (2), the regulations may provide that any other Act or a statutory rule (or any provision of another Act or statutory rule) prevails over an inconsistent provision of the road transport legislation.Note. The expression statutory rule is defined in section 21 (1) of the Interpretation Act 1987 to mean:(a) a regulation, by-law, rule or ordinance:(i) that is made by the Governor, or(ii) that is made by a person or body other than the Governor, but is required by law to be approved or confirmed by the Governor, or(b) a rule of court.
Part 2.2 Alteration of scope of operation of road transport legislation
15 Power to include or exclude areas in road transport legislation
(cf former Act, s 9)
(1) The Minister may declare, by order published in the Gazette, that the road transport legislation, or any specified provision of the road transport legislation:(a) applies to a specified area of the State that is open to or used by the public, or(b) does not apply to a specified road.(2) The declaration has effect until it is revoked, or for the period specified in the declaration.
16 Power to exclude vehicles, persons or animals from road transport legislation
(cf former Act, s 10)
(1) The Minister may declare, by order published in the Gazette, that the road transport legislation (or a specified provision of the road transport legislation) does not apply to a vehicle, person or animal in any location or circumstance specified in the order.(2) The declaration has effect until it is revoked, or for the period specified in the declaration.
17 Consultation required with Minister administering Motor Accidents Act 1988 in certain cases
(cf former Act, s 11)
Before making a declaration under this Part in respect of the Road Transport (Vehicle Registration) Act 1997 (or any regulation made under that Act), the Minister is to consult with the Minister administering the Motor Accidents Act 1988.
18 Authority to maintain database of declarations and orders made under this Part
(cf former Act, s 13)
(1) The Authority is to maintain a database, in accordance with the regulations, containing information about declarations and orders made under this Part that are in force from time to time.(2) The database may be kept in the form of, or as part of, a computer database or in such other form as the Authority considers appropriate.(3) The Authority is to give members of the public access to information contained in the database in accordance with the regulations.(4) A failure by the Authority to comply with this section does not affect the validity of any declaration or order.