Heavy Vehicle National Law Amendment Act 2018

1Short title

This Act may be cited as the Heavy Vehicle National Law Amendment Act 2018.

2Commencement

The following provisions commence on 1 October 2018, immediately after the commencement of the Heavy Vehicle National Law and Other Legislation Amendment Act 2018, section 16—

(a)part 3;

(b)schedule 1, amendment of the Heavy Vehicle National Law as set out in the Schedule to the Heavy Vehicle National Law Act 2012.

3Act amended

This part amends the Heavy Vehicle National Law Act 2012.

4Insertion of new s 42E

Part 4A—
insert—

42EAmendment of s 707 (Proceedings for offences)

(1)National Law, section 707—
insert—

(3A)A complaint for a fatigue management offence may be heard at a place appointed for holding Magistrates Courts within the district within which the defendant was required to produce the defendant’s work diary under section 568.

Editor’s note—

This subsection is an additional Queensland provision.

(3B)Subsection (3A) has effect despite, but does not limit, the Justices Act 1886, section 139.

Editor’s note—

This subsection is an additional Queensland provision.

(2)National Law, section 707(4)—
insert—

fatigue management offence means an offence against any of the following provisions—

(a)section 250;

(b)section 251;

(c)section 254;

(d)section 256;

(e)section 258;

(f)part 6.4.

Editor’s note—

This definition is an additional Queensland provision.

5Law amended

This part amends the Heavy Vehicle National Law as set out in the Schedule to the Heavy Vehicle National Law Act 2012.

6Amendment of s 5 (Definitions)

(1)Section 5, definition notice—
omit.

(2)Section 5—
insert—

notice—

(a)means written notice; and

(b)for the purposes of Division 5B of Part 9.4, has the meaning given by section 576D.

prohibition notice has the meaning given by section 576A(3).

(3)Section 5, definitions container weight declaration, paragraph (a), extract, journey documentation, registration item and transport documentation—
insert—

Note—

See the definition document in section 12 of Schedule 1.

(4)Section 5, definition information, paragraph (a)—
omit, insert—

(a)information in the form of a printed document; and

Note—

See the definitions printed and document in section 12 of Schedule 1.

7Amendment of s 23 (Application for PBS vehicle approval)

Section 23—
insert—

(5A)The PBS vehicle approval must state the performance level for the approval.

8Insertion of new s 25A

Part 1.4—
insert—

25AKeeping copy of PBS vehicle approval while driving

(1)The driver of a PBS vehicle must keep a copy of the PBS vehicle approval in the driver’s possession while driving the PBS vehicle.

Maximum penalty—$3000.

(2)Each relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1), unless the relevant party has a reasonable excuse.

Maximum penalty—$3000.

(3)In this section—

relevant party, for the driver of a PBS vehicle, means—

(a)an employer of the driver if the driver is an employed driver; or

(b)a prime contractor of the driver if the driver is a self-employed driver; or

(c)an operator of the vehicle if the driver is making a journey for the operator.

9Amendment of s 26D (Duty of executive of legal entity)

Section 26D(3), definition safety duty—
relocate to section 5.

10Amendment of s 95 (Prescribed mass requirements)

Section 95(2)(b), ‘spacing.’—
omit, insert—

spacing;

(c)general mass limits applying to heavy vehicles or components of heavy vehicles.

11Amendment of s 96 (Compliance with mass requirements)

Section 96—
insert—

(5)This section does not apply to a specified PBS vehicle as defined in section 136(2).

Note—

If a specified PBS vehicle does not comply with the mass requirements applying to the vehicle, it would be a class 2 heavy vehicle and could be dealt with under section 137.

12Replacement of s 115 (Proof of contravention of loading requirement)

Section 115—
omit, insert—

115Proof of contravention of loading requirement

(1)In a proceeding for an offence against Division 1, the following is evidence that a load on a heavy vehicle was not placed, secured or restrained in compliance with a loading requirement applying to the vehicle—

(a)evidence that the load was not placed, secured or restrained in a way that met a loading performance standard;

(b)evidence that a load, or part of a load, has fallen off a heavy vehicle.

(2)The national regulations may prescribe standards (the loading performance standards) for heavy vehicles.

13Amendment of s 136 (Class 2 heavy vehicles)

(1)Section 136(b)—
omit, insert—

(b)it is a PBS vehicle other than a specified PBS vehicle.

(2)Section 136, before ‘A heavy’—
insert—

(1)

(3)Section 136—
insert—

(2)In this section—

specified PBS vehicle means a PBS vehicle that—

(a)is not a bus; and

(b)is not longer than 20m; and

(c)is the subject of a current PBS vehicle approval at performance level 1; and

(d)complies with the PBS vehicle approval; and

(e)complies with the general mass limits for the vehicle, regardless of whether the PBS vehicle approval authorises a higher mass limit.

Note—

General mass limits for a vehicle may be included in prescribed mass requirements under section 95.

14Omission of s 153 (Keeping copy of PBS vehicle approval while driving under class 2 heavy vehicle authorisation)

Section 153—
omit.

15Amendment of s 153A (Using restricted access vehicle)

Section 153A(3)—
omit, insert—

(3)This section does not apply to—

(a)a class 2 heavy vehicle; or

(b)a specified PBS vehicle as defined in section 136(2).

Note—

All other PBS vehicles are class 2 heavy vehicles (see section 136).

16Replacement of s 156 (Deciding request for consent generally)

Section 156—
omit, insert—

156Period within which road manager must decide

(1)If the Regulator asks a road manager for a road for the road manager’s consent to the grant of a mass or dimension authority, the road manager must decide to give or not to give the consent—

(a)within—

(i)28 days after the request is made, unless subparagraph (ii) applies; or

(ii)if this section applies because the road manager gave the Regulator a notice of objection to the grant under section 167—14 days after giving the notice of objection; or

(b)within a longer period, of not more than 6 months after the request is made, agreed to by the Regulator.

Note—

See, however, sections 159, 167 and 168.

(2)The road manager may ask for, and the Regulator may agree to, a longer period under subsection (1)(b) only if—

(a)consultation is required under a law with another entity (including, for example, for the purpose of obtaining that entity’s approval to give the consent); or

(b)the road manager considers a route assessment is necessary for deciding whether to give or not to give the consent; or

(c)the road manager is the road authority for the participating jurisdiction and considers that a local government authority that is not required under a law to be consulted should nevertheless be consulted before deciding whether to give or not to give the consent.

(3)If the Regulator agrees to a longer period under subsection (1)(b), the Regulator must give the applicant for the mass or dimension authority concerned a written statement of the decision—

(a)identifying the road manager concerned; and

(b)indicating the ground on which the road manager asked for a longer period.

156A Deciding request for consent generally

(1)If the Regulator asks a road manager for a road for the road manager’s consent to the grant of a mass or dimension authority, the road manager may decide not to give the consent only if the road manager is satisfied—

(a)the mass or dimension authority will, or is likely to—

(i)cause damage to road infrastructure; or

(ii)impose adverse effects on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or

(iii)pose significant risks to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions; and

(b)it is not possible to grant the authority subject to road conditions or travel conditions that will avoid, or significantly minimise—

(i)the damage or likely damage; or

(ii)the adverse effects or likely adverse effects; or

(iii)the significant risks or likely significant risks.

(2)If the road manager considers that the consent would be given if the mass of the vehicle under the application for the authority was less than applied for, the road manager must give the consent subject to a road condition that the vehicle not exceed the mass.

(3)Also, in deciding whether or not to give the consent, the road manager must have regard to—

(a)for a mass or dimension exemption—the approved guidelines for granting mass or dimension exemptions; or

(b)for a class 2 heavy vehicle authorisation—the approved guidelines for granting class 2 heavy vehicle authorisations.

(4)If a relevant road manager for a mass or dimension authority decides not to give consent to the grant of the authority, the relevant road manager must give the Regulator a written statement that explains the road manager’s decision and complies with section 172.

17Amendment of s 172 (Requirements for statement explaining adverse decision of road manager)

Section 172(1)(a), ‘section 156’—
omit, insert—

section 156A

18Amendment of s 490 (Reference to document includes reference to reproduction from electronic document)

Section 490—
insert—

Note—

See the definition document in section 12 of Schedule 1.

19Amendment of s 521 (Power to enter and search heavy vehicle involved, or suspected to be involved, in an offence etc.)

Section 521(6), after ‘police officer’—
insert—

or is acting under the direction of a police officer

20Amendment of s 522 (Power to order presentation of heavy vehicles for inspection)

(1)Section 522(1)(a), ‘30 days’—
omit, insert—

60 days

(2)Section 522(2)—
omit, insert—

(1A)An authorised officer may, by notice under subsection (2), require to be produced for inspection at a place and time stated in the notice, vehicles in a category of heavy vehicles that the officer reasonably believes have within the preceding 60 days been used or will be used on a road if the officer reasonably believes that—

(a)the vehicles in that category do not comply with this Law; or

(b)the vehicles in that category are defective heavy vehicles as defined in section 525.

(2)A notice must be served on—

(a)the person in charge of the heavy vehicle or category of heavy vehicles; or

(b)the registered operator or, if the heavy vehicle or category of heavy vehicles is not registered, an owner.

(3)Section 522—
insert—

(6)An authorised officer may act under subsection (1A) only if—

(a)for an authorised officer who is a police officer—the officer has the relevant police commissioner’s written authority to act under subsection (1A); or

(b)for an authorised officer who is not a police officer—the officer’s instrument of appointment provides that the authorised officer may act under subsection (1A).

21Amendment of s 568 (Power to require production of document etc. required to be in driver’s possession)

(1)Section 568(2) and (3)—
omit, insert—

(2)An authorised officer may, for compliance purposes, require the driver of the heavy vehicle to produce for inspection by the officer—

(a)if the driver is required by another law of this jurisdiction to keep their driver licence in their possession while driving the vehicle—the driver’s driver licence; or

(b)a document, device or other thing the driver is required under this Law to keep in the driver’s possession while driving the vehicle.

Examples—

•a copy of a Commonwealth Gazette notice or permit

•a work diary

Note—

Section 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically.

(3)A person of whom a requirement is made under subsection (2) must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—

(a)for a requirement under paragraph (2)(a)—$6000; or

(b)for a requirement under paragraph (2)(b)—an amount equal to the amount of the maximum penalty for an offence of failing to keep the document, device or other thing in the driver’s possession.

(2)Section 568(4)(a) and (8), before ‘document’—
insert—

licence,

(3)Section 568(4)—
insert—

Note—

Section 587 also deals with self-incrimination when complying with a requirement of an authorised officer.

(4)Section 568(5)(a), before ‘document’—
insert—

licence or

(5)Section 568(6)—
omit, insert—

(6)If, under subsection (5), the authorised officer copies, takes an extract from, or produces an image or writing from, a licence or document or an entry in a document, the officer may require the person responsible for keeping the licence or document to certify the copy as a true copy of the licence, document or entry.

22Amendment of s 569 (Power to require production of documents etc. generally)

(1)Section 569(1)—
insert—

Note—

Section 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically.

(2)Section 569(3)—
omit, insert—

(3)If, under subsection (1), an authorised officer requires a responsible person to make available or produce an electronic document—

(a)the authorised officer may require the responsible person to make available or produce—

(i)a printed copy of the electronic document; or

(ii)an electronic copy of the document; and

(b)compliance with the requirement made under subsection (1) requires the making available or production of the document in the way required under paragraph (a).

Notes—

1See the definitions document and printed in section 12 of Schedule 1.

2Section 17 of Schedule 1 and section 490 also deal with the production of documents and other information kept electronically.

(3)Section 569(4)—
insert—

Notes—

1Section 587 also deals with self-incrimination when complying with a requirement of an authorised officer.

2Section 588 deals with the admissibility of information provided in complying with a requirement under this section.

23Amendment of s 570 (Power to require information about heavy vehicles)

(1)Section 570(1)(b), ‘vehicle.’—
omit, insert—

vehicle; or

(c)personal details known to the responsible person about anyone else the responsible person reasonably believes holds information about the heavy vehicle.

Note—

Section 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically.

(2)Section 570(2), ‘the current or intended journey’—
omit, insert—

a past, current or intended journey

(3)Section 570—
insert—

(2A)An authorised officer requiring personal details under subsection (1)(c) must give the responsible person a notice stating—

(a)that the requirement is made under this section; and

(b)that failing to comply with the requirement is an offence; and

(c)the time, that is reasonable in the circumstances, in which the person must give the personal details; and

(d)the effect of subsection (5A) and section 735A.

(4)Section 570(5)—
insert—

Note—

Section 587 also deals with self-incrimination when complying with a requirement of an authorised officer.

(5)Section 570—
insert—

(5A)However, the following information is not admissible as evidence against an individual in a civil or criminal proceeding, other than a proceeding for false or misleading information—

(a)information, other than information in the form of a document, that the individual gives in complying with a requirement under subsection (1)(c);

(b)information that is directly or indirectly derived from information to which paragraph (a) applies.

Note—

Section 588 deals with the admissibility of information provided in complying with a requirement under subsection (1)(a) and (b).

24Amendment of s 570A (Requiring information)

(1)Section 570A(1) to (4)—
omit, insert—

(1)This section applies if an authorised officer reasonably believes that a person is capable of giving information, providing documents or giving evidence—

(a)in relation to a possible contravention of—

(i)a safety duty; or

(ii)a duty of an executive under section 26D; or

(b)that will assist the authorised officer to monitor or enforce compliance with—

(i)a safety duty; or

(ii)a duty of an executive under section 26D.

Note—

Section 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically.

(2)The authorised officer may, by notice, require the person to give the information, documents or evidence to the authorised officer.

(3) If the authorised officer, despite reasonable diligence, has not been able to obtain the information, documents or evidence under subsection (2), the authorised officer may, by notice given to the person, require the person to do either or both of the following—

(a)give information or produce documents to the authorised officer within the time and in the way stated in the notice;

(b)appear before a person appointed by the authorised officer on a day, and at a time and place, stated in the notice and give oral evidence.

(4)The notice must state—

(a)that—

(i)the requirement is made under this section; and

(ii)failing to comply with the requirement is an offence; and

(b)if the notice requires the person to give information or produce documents to the authorised officer—the time and way, that is reasonable in the circumstances, in which the person must give the information or documents; and

(c)if the notice requires the person to give oral evidence—

(i)the day, time and place, that is reasonable in the circumstances, for the person to appear before the person appointed by the authorised officer; and

(ii)that the person may appear with an Australian legal practitioner; and

(d)the effect of—

(i)subsections (7) and (8); and

(ii)section 735A.

(2)Section 570A(6)—
insert—

Note—

Section 587 also deals with self-incrimination when complying with a requirement of an authorised officer.

(3)Section 570A(7)—
omit, insert—

(7)However, the following information, documents and evidence are not admissible as evidence against an individual in a civil or criminal proceeding, other than a proceeding for false or misleading information—

(a)information, documents and evidence that the individual gives in complying with a requirement under this section;

(b)information, documents and evidence that is directly or indirectly derived from information, documents or evidence mentioned in paragraph (a).

25Insertion of new Pt 9.4, Divs 5A and 5B

Part 9.4—
insert—

Division 5A Prohibition notices

576A Power to issue prohibition notice

(1)This section applies if an authorised officer reasonably believes that an activity involving a heavy vehicle—

(a)is occurring and involves, or will involve, an immediate or imminent serious risk to the health or safety of a person; or

(b)may occur and, if it occurs, will involve an immediate or imminent serious risk to the health or safety of a person.

(2)The authorised officer may give a person who has control over the activity a direction prohibiting the carrying on of the activity, or the carrying on of the activity in a specified way, until an authorised officer is satisfied that the matters that give or will give rise to the risk have been remedied.

(3)The direction may be given orally, but must be confirmed by written notice (a prohibition notice) given to the person as soon as practicable.

576B Contents of prohibition notice

(1)A prohibition notice must state—

(a)that the authorised officer believes that grounds for the issue of the prohibition notice exist and the basis for that belief; and

(b)briefly, the activity that the authorised officer believes involves or will involve the risk and the matters that give or will give rise to the risk; and

(c)the provision of this Law that the authorised officer believes is being, or is likely to be, contravened by that activity.

(2)A prohibition notice may include directions on the measures to be taken to remedy the risk, activities or matters to which the notice relates, or the contravention or likely contravention mentioned in subsection (1)(c).

(3)Without limiting section 576A, a prohibition notice that prohibits the carrying on of an activity in a specified way may do so by stating 1 or more of the following—

(a)a heavy vehicle, or part of a heavy vehicle, in which the activity is not to be carried out;

(b)anything that is not to be used in connection with the activity;

(c)any procedure that is not to be followed in connection with the activity.

576C Compliance with prohibition notice

A person given a direction under section 576A(2) or a prohibition notice must comply with the direction or notice.

Maximum penalty—$10000.

Division 5B Injunctions

576D Application of Div 5B

In this Division—

notice means an improvement notice or a prohibition notice.

576E Injunction for noncompliance with notice

(1)An authorised officer may apply to the Supreme Court for an injunction—

(a)compelling a person to comply with a notice; or

(b)restraining a person from contravening a notice.

(2)The authorised officer may do so—

(a)whether or not a proceeding has been brought for an offence against this Law in connection with any matter in relation to which the notice was issued; and

(b)whether any period for compliance with the notice has expired.

(3)An authorised officer may make an application under this section only if—

(a)for an authorised officer who is a police officer—the officer has the relevant police commissioner’s written authority to make the application; or

(b)for an authorised officer who is not a police officer—the officer’s instrument of appointment provides that the authorised officer may make the application.

26Amendment of s 577 (Power to require reasonable help)

(1)Section 577(3)(a)—
insert—

Note—

Section 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically.

(2)Section 577(6)—
insert—

Notes—

1Section 587 also deals with self-incrimination when complying with a requirement of an authorised officer.

2Section 588 deals with the admissibility of information provided in complying with a requirement under this section.

27Amendment of s 588 (Evidential immunity for individuals complying with particular requirements)

Section 588(1), ‘570’—
omit, insert—

570(1)(a) and (b)

28Insertion of new Pt 10.3, Div 2A

Part 10.3—
insert—

Division 2A Injunctions

596A Injunctions

If a court convicts a person of an offence against this Law, the court may issue an injunction requiring the person to cease contravening this Law.

Note—

An injunction may also be obtained under section 576E for noncompliance with an improvement notice or prohibition notice.

29Amendment of s 641 (Applying for internal review)

Section 641(8), definition dissatisfied person, paragraph (f)—
omit, insert—

(f)for a reviewable decision of an authorised officer to give a person an improvement notice or prohibition notice, or to amend an improvement notice or prohibition notice given to a person—the person to whom the notice was given; or

30Amendment of s 653 (Approved guidelines for exemptions, authorisations, permits and other authorities)

Section 653(1)(l)(ii)—
omit, insert—

(ii)section 156A(1)(a)(ii); or

31Insertion of new ss 726B and 726C

Part 13.3, Division 2—
insert—

726B Evidence obtained by police using other powers

To remove any doubt, it is declared that evidence lawfully obtained by a police officer using powers other than the powers under this Law is not inadmissible in proceedings for a contravention of this Law only because the evidence was obtained using the other powers.

726C Evidence obtained in another jurisdiction

To remove any doubt, it is declared that evidence lawfully obtained in a jurisdiction (the first jurisdiction) is not inadmissible in proceedings for a contravention of this Law in another jurisdiction only because the evidence was obtained in the first jurisdiction.

32Insertion of new Pt 13.3, Div 3

Part 13.3—
insert—

Division 3 Publication of court outcomes

726D Regulator may publish convictions, penalties, orders, etc.

(1)This section applies if a court convicts a person of an offence against this Law.

Note—

Under section 9, a court convicts a person of an offence if the court finds the person guilty, or accepts the person’s plea of guilty, for the offence whether or not a conviction is recorded.

(2)The Regulator may publish the following information about the conviction on the Regulator’s website—

(a)the offence for which the person was convicted;

(b)if the court imposed a penalty for the conviction—the penalty imposed;

(c)if the court made an order against the person in relation to the conviction—information about the order made, other than information that could identify or lead to the identification of the person.

Note—

Orders the court may make include commercial benefits penalty orders (see section 597), supervisory intervention orders (see section 600), prohibition orders (see section 607) and compensation orders (see section 611).

33Amendment of s 727 (Definitions for Pt 13.4)

(1)Section 727(1), definition driver fatigue provision, before paragraph (a)—
insert—

(aa)Chapter 1A to the extent the Chapter relates to driver fatigue;

(2)Section 727(1), definition driver fatigue provision, paragraph (d), ‘paragraphs (a) and (b)’—
omit, insert—

paragraphs (aa), (a) and (b)

(3)Section 727(1), definition electronic work diary protected information, paragraph (b)(i)—
omit, insert—

(i)information obtained, collected or recorded other than for the purposes of Chapter 1A to the extent the Chapter relates to driver fatigue or Chapter 6 (the driver fatigue purposes), even if the information is—

(A)coincidentally relevant for a driver fatigue purpose; and

(B)recorded in an electronic work diary; or

34Amendment of s 730 (National regulations)

Section 730(3)(b)—
insert—

Note—

However, a maximum fine imposed by the regulations may be increased under section 737 to a higher amount.

35Amendment of s 737 (Increase of penalty amounts)

Section 737—
insert—

(2A)To remove any doubt, the maximum fine limits mentioned in section 730(3)(b) do not limit the application of subsection (2).

36Amendment of s 750 (Amendment or cancellation of instruments carried over from former legislation)

Section 750(4)—
omit, insert—

(4)Despite anything to the contrary in this Law other than subsection (3), the Regulator may amend or cancel the instrument simply by publishing a public notice of the amendment or cancellation.

37Amendment of Sch 3 (Reviewable decisions)

(1)Schedule 3, Part 2—
insert—

section 576A	decision of an authorised officer who is not a police officer to give a person a prohibition notice
section 576A	decision of an authorised officer who is not a police officer to amend a prohibition notice given to a personNote— Section 23 of Schedule 1 allows for the amendment of a prohibition notice.

(2)Schedule 3, Part 3, ‘section 156’—
omit, insert—

section 156A

38Amendment of Sch 4 (Liability provisions)

Schedule 4, table—
insert—

576C

576C

39Legislation amended

Schedule 1 amends the legislation it mentions.

section 39

1Section 45(1), inserted entry for section 319A(5)—

omit.

1Sections 412, 421(1)(a), 428, 437(1), 442 and 450(1), ‘access information’—

omit, insert—

access program information

2Section 421(1), ‘access service’—

omit, insert—

access program service

3Section 634(3)(b), ‘vehicle.’—

omit, insert—

vehicle; and

4Schedule 4, table, entries for sections 30 and 50—

omit.