New South Wales Consolidated Acts

ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 11

11 National road transport regulations

(cf Roads Act, s 264A)

(1) Without limiting the generality of section 10 or any other provision of this or any other Act authorising regulations to be made, regulations may be made under this Act, for the State, for or with respect to any matters referred to in section 9 of the Road Transport Reform (Vehicles and Traffic) Act 1993 of the Commonwealth.

(2) Any such regulations may apply to a vehicle, animal or person on a road.

(3) Any such regulations may make provision for a matter by applying, adopting or incorporating:

(a) any regulations as in force from time to time under the Road Transport Reform (Vehicles and Traffic) Act 1993 of the Commonwealth, and

(b) any national standards as in force from time to time under the Motor Vehicle Standards Act 1989 of the Commonwealth, and

(c) any other publication, as in force from time to time, relating to the construction, design or equipment of motor vehicles.

(4) Any such regulations may apply any provisions of the road transport legislation relating to the prosecution of offences, including liability for offences, or enforcement or relating to evidential matters to the exclusion of provisions of this Act or other regulations made under this Act relating to those matters.

(5) Any such regulations may:

(a) confer any function on the Minister for the purposes of administering their provisions, and

(b) exempt or provide for the granting of exemptions from their provisions, either conditionally or unconditionally.

(6) The Minister may declare, by notice published in the Gazette, that:

(a) a specified area that is open to or used by the public is an area to which specified regulations apply, or

(b) this Act and the regulations, or specified provisions of this Act or the regulations, do not apply to a specified road.

Such a declaration has effect until it is revoked by a further notice published in the Gazette, or for the period specified in the regulations.

(7) Without limiting any other power authorising the delegation of the Minister’s functions, the Minister may delegate to any other person any function conferred on the Minister by or under this section other than this power of delegation.