10. Government

​E.  Transport

i.  Legislation

Made under the Heavy Vehicle National Law in each participating jurisdiction:
  • National COVID-19 Emergency (Public Holiday Travel Condition) Derestriction Notice 2020 (No.3): The purpose of this Notice is to remove certain travel condition restrictions on heavy vehicle travel times during the COVID-19 Emergency. The restrictions are those relating to travel on State controlled roads during public holidays, such as Easter and Christmas, and at other specified times. These travel time restrictions normally serve to reduce heavy vehicle traffic at peak holiday travel times. This Notice suspends certain travel conditions in specified permits and Gazette Notices made under the Heavy Vehicle National Law (HVNL) because of reduced access to the roads by the general public during the COVID-19 Emergency.

Victoria:
Made under the Transport (Compliance and Miscellaneous) Act 1983 (Vic):
New South Wales:
​Made under the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 (NSW):
Queensland:
Made under the Tow Truck Act 1973 (Qld), Transport Operations (Road Use Management) Act 1995 (Qld) and Transport Operations (Passenger Transport) Act 1994 (Qld):  
Made under the Tow Truck Act 1973 (Qld):  
Made under the Transport Operations (Road Use Management) Act 1995 (Qld):  
Made under the Public Health Act 2005 (Qld):
Made under the COVID-19 Emergency Response Act 2020 (Qld), Rail Safety National Law (Queensland) Act 2017 (Qld), Transport Infrastructure Act 1994 (Qld) and Transport Operations (Marine Safety) Act 1994 (Qld):
  • Transport Legislation (COVID-19 Emergency Response) Regulation (No. 2) 2020: to provide financial relief to commercial operators in State-managed boat harbours; and provide a framework that will enable exemptions from, or otherwise modify the application of, requirements about certain marine authorities. The Regulation will also extend the expiry of a transitional regulation that preserves certain Queensland-specific definitions under national rail safety legislation. The Regulation will expire on 31 December 2020.

Tasmania:
COVID-19 Disease Emergency (Miscellaneous Provisions) Act (No. 2) 2020 (Tas):
  • Part 4 – Taxi Operation
  • Part 5 – Registration of Certain Vehicles

Made under the COVID-19 Disease Emergency (Miscellaneous Provisions) Act:
Western Australia:
Transport (Road Passenger Services) Act 2018 (WA) amended by the Transport (Road Passenger Services) Amendment (COVID-19 Response and Regional Assistance) Act 2020 (WA).
 
Made under the Transport (Road Passenger Services) Act 2018 (WA):  
Northern Territory:
Made under the Commercial Passenger (Road) Transport Act 1991 (NT):  
ii.  Case law

This is an area of substantive law that may result in case law. As of the last update, we are not aware of any relevant decision of a superior court in this area.