South Australian Consolidated Regulations South Australian Consolidated Regulations (1) In these
regulations—
"Act" means the Road Traffic Act 1961;
"approved intelligent transport system" means an intelligent transport system
approved for the purposes of the IAP by TCA;
"Authority" means the Minister;
"compliance purposes" has the same meaning as in section 40F of the Act;
"IAP" is the acronym for Intelligent Access Program;
"IAP agreement" means an agreement between the operator of a vehicle and an
IAP service provider under which the IAP service provider agrees to provide
IAP monitoring services to the operator;
"IAP audit"—see regulation 34;
"IAP auditor" means a person approved as an IAP auditor by TCA;
"IAP condition"—see regulation 6;
"IAP information" means information that has been generated or collected for
any purpose relating to the IAP;
"IAP service provider" means a person that is certified as an
IAP service provider by TCA;
"IAP vehicle" means a vehicle that is subject to an IAP condition, is equipped
for monitoring under the IAP, and is covered by an IAP agreement;
"intelligent access map" means the spatial data set, issued by TCA from time
to time, that defines the national public road system;
"Intelligent Access Program"—see regulation 4;
"law enforcement purposes" means the purposes of investigating or prosecuting
an offence (whether summary or indictable) against—
(a) a
road law; or
(b) a
corresponding road law; or
(c) a
law relating to the transport by road of dangerous goods;
"malfunction" of an approved intelligent transport system—see
subregulation (4);
"non-compliance report"—see subregulation (2);
"participating operator" means an operator of a vehicle or vehicles that has
entered into an IAP agreement, and operates at least 1 IAP vehicle;
"personal information" means information or an opinion (including information
or an opinion forming part of a database), whether true or not, and whether
recorded in a material form or not, about an individual whose identity is
apparent, or can reasonably be ascertained, from the information or opinion;
"tampering" with an approved intelligent transport system—see
regulation 44;
"TCA" means Transport Certification Australia Ltd ACN 113 379 936.
(2) A "non-compliance
report"—
(a) is a
report, generated by an approved intelligent transport system, of a
contravention by an IAP vehicle of an IAP condition; and
(b) may
include information, about apparent tampering with that system, electronically
generated by the system itself.
(3) A reference in a
provision of these regulations to an approved form is a reference to the form
approved by the Authority for the purposes of the provision.
(4) An
approved intelligent transport system "malfunctions" if—
(a) it
ceases to work at all, or works only intermittently; or
(b) it
does not perform 1 or more functions required under the IAP, or performs any
such function only intermittently; or
(c) it
performs such a function in such a way that the results of its doing so are
inaccurate or unreliable (including intermittently inaccurate or unreliable).