South Australian Consolidated Acts South Australian Consolidated Acts (1) In this
Part—
"bus" means a motor vehicle built mainly to carry people that seats more than
9 adults (including the driver);
"corresponding law" means a law of the Commonwealth or another State or
Territory of the Commonwealth declared by the regulations to be a
corresponding law for the purposes of this Part;
"heavy vehicle" means—
(a) a
bus with a GVM over 5 tonnes; or
(b) any
other motor vehicle with a GVM over 12 tonnes; or
(c) a
motor vehicle of a prescribed class;
"prescribed financial market" means a prescribed financial market within the
meaning of section 9 of the Corporations Act 2001 of the Commonwealth;
"prescribed speed", in relation to a heavy vehicle, means—
(a) if
different speeds are prescribed by regulation for the purposes of this
definition in relation to different classes of heavy vehicles—the speed
prescribed in relation to the class to which the heavy vehicle belongs; or
(b) in
any other case—the speed prescribed by regulation for the purposes of
this definition;
"registered date" of a relevant speeding offence means the date registered
under this Part in the register of motor vehicles as the date of the offence;
"registration authority" means the person or body responsible for registering
vehicles under a corresponding law;
"speed limiting device" means a device that limits the maximum road speed
capability of a vehicle to the prescribed speed;
"vehicle standards" means the vehicle standards under the Road Traffic
Act 1961 .
(2) For the purposes
of this Part, a heavy vehicle is to be taken to have
been "involved in a relevant speeding offence" if—
(a) a
person has been convicted of an offence in this State of driving the vehicle
at a speed 15 kilometres per hour or more over the speed limit applying to the
vehicle; or
(b) a
person has expiated an offence in this State in respect of which an expiation
notice has been issued alleging that the vehicle was driven at a speed 15
kilometres per hour or more over the speed limit applying to the vehicle; or
(c) the
registration authority under a corresponding law has notified the Registrar of
an offence in another State or Territory of the Commonwealth involving the
driving of the vehicle at a speed 15 kilometres per hour or more over the
speed limit applying to the vehicle and a person has—
(i)
been convicted of the offence; or
(ii)
paid the amount payable in connection with an
infringement notice or penalty notice issued under the law of that State or
Territory in respect of the offence.
(3) For the purposes
of this Part, a person is an "associate" of another if—
(a) one
is a spouse, parent, brother, sister or child of the other; or
(b) they
are members of the same household; or
(c) they
are partners; or
(d) they
are both trustees or beneficiaries of the same trust, or one is a trustee and
the other is a beneficiary of the same trust; or
(e) one
is a body corporate and the other is a director or member of the governing
body of the body corporate; or
(f) one
is a body corporate (other than a public company whose shares are quoted on a
prescribed financial market) and the other is a shareholder in the body
corporate; or
(g) they
are related bodies corporate within the meaning of the Corporations
Act 2001 of the Commonwealth; or
(h) a
chain of relationships can be traced between them under any one or more of the
above paragraphs.
(4) For the purposes
of subsection (3), a "beneficiary" of a trust includes an object of a
discretionary trust.