QueenslandHeavyVehicleNationalLawAct2012Current as at [Not applicable]Indicative reprint noteThisisanunofficialversionofareprintofthisActthatincorporatesallproposedamendments to the
Act included in the Heavy Vehicle National Law and Other
LegislationAmendment Bill 2018 and the Heavy Vehicle
National Law Amendment Bill 2018. Thisindicative reprint
has been prepared for information only—it is not an
authorised reprintof the Act.Some
enacted but uncommenced amendments included in theHeavy
Vehicle National Lawand Other Legislation Amendment Act
2016No. 65 have also been incorporated in
thisindicative reprint.For the purposes
of this indicative reprint, it is assumed that all provisions of
the two Bills notalready in force when the remaining 2016 Act
No. 65 amendments commence will come intoforce immediately
after those 2016 Act No. 65 amendments.The point-in-time
date for this indicative reprint is the introduction date for the
Heavy VehicleNational Law Amendment Bill 2018—1 May
2018.Detailed information about indicative
reprints is available on the Information page of theQueensland legislation website.
757758Part 14.4759Schedule 1Part 11Part 2234567891011Part
312131415161718192021Part 422232425Heavy
Vehicle National Law Act 2012ContentsSaving of stated map and other matters under
s 119 or 142. . .660Application of s 737 to a new penalty. . .
. . . . . . . . . . . . . . . . . .662Heavy
Vehicle National Law and Other Legislation Amendment Act2016
(Queensland)Application of s 737 to a new penalty. . .
. . . . . . . . . . . . . . . . . .663Miscellaneous provisions relating to
interpretation. . . . . . . . . . .665PreliminaryDisplacement of
Schedule by contrary intention . . . . . . . . . . . . .665GeneralLaw to be construed not to exceed legislative
power of
Parliament665Every
section to be a substantive enactment. . . . . . . . . . . . . . .666Material that is, and is not, part of this Law . . . . . . . . . . . . . . . . .666References to
particular Acts and to enactments. . . . . . . . . . . .666References taken
to be
included in
Law or
Act citation etc.. . . .667Interpretation best achieving
Law’s
purpose or
object. . . . . . . .667Use
of extrinsic material in interpretation. . . . . . . . . . . . . . . . . .667Effect of change of drafting
practice. . . . . . . . . . . . . . . . . . . . . .669Use
of examples. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .669Compliance with
forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .670Terms
and referencesDefinitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .670Provisions relating to defined terms and gender and number . . .675Meaning of ‘may’ and ‘must’. . . . . . . . . . . . . . . . . . . . . . . . . . . .676Words
and expressions used in statutory
instruments. . . . . . . .676Effect of express references to
bodies corporate and
individuals676Production of records kept
in computers etc.. . . . . . . . . . . . . . .677References to
this jurisdiction to
be implied. . . . . . . . . . . . . . . .677References to
officers and holders
of offices. . . . . . . . . . . . . . .677Reference to certain provisions
of Law
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .678Reference to provisions of
this Law
or an
Act is
inclusive .
. .
. .
.679Functions and powersExercise of statutory functions. . . . . . . . . . . . . . . . . . . . . . . . . .679Power
to make instrument or decision
includes power to amend or repeal. . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
679Matters for which statutory instruments may
make provision. . .680Presumption of validity and power to make .
. . . . . . . . . . . . . . . .681Page
33Notauthorised—indicativeonly
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Contents2627282930Part 531Part
63233343536Part 737Part 838Schedule 2Schedule 3Schedule 4Appointments may
be made by name or office . . . . . . . . . . . . . .Acting appointments. . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .Powers of appointment imply certain
incidental powers. . . . . . .Delegation of
functions. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . .Exercise of powers between enactment and
commencement. .Distance, time and ageMatters relating to distance,
time and
age. . . . . . . . . . . . . . . . .Effect of repeal, amendment or
expirationTime of Law
ceasing to
have effect
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.Repealed Law
provisions not revived. . . . . . . . . . . . . . . . . . . . .Saving of operation of repealed
Law provisions. . . . . . . . . . . . .Continuance of repealed
provisions. . . . . . . . . . . . . . . . . . . . . .Law
and amending Acts to be read as one . . . . . . . . . . . . . . . . .Instruments under LawSchedule applies to statutory
instruments . . . . . . . . . . . . . . . . . .Application to
coastal watersApplication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Subject matter for conditions
of mass
or dimension authorities.Reviewable decisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Liability provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .682682683684686689690690690691691691692693694702Page
34
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Heavy Vehicle
National Law Act 2012Editor’s notes—1TheHeavyVehicleNationalLawandOtherLegislationAmendment Bill
2018, part 3 amends the Queensland adoption ActprovisionsoftheHeavyVehicleNationalLawAct2012.Thefollowingamendmentshavebeenincludedinthisindicativereprint—•amendments of sections 3, 4 and
31•insertion of new section 42A and new
part 4A•omission of part 6, division 4.2The Heavy Vehicle National Law
Amendment Bill 2018, part 2amendstheQueenslandadoptionActprovisionsoftheHeavyVehicleNationalLawAct2012. The following
amendment hasbeen included in this indicative
reprint—•insertion of new section 42E.3Uncommenced amendments to the
following Queensland adoptionAct provisions
of theHeavy Vehicle National Law Act 2012havebeen included in
this indicative reprint—•amendment of
section 10•omission of section 16.See
2016 Act No. 65 chapter 2, part 1.An Act providing
for the adoption of a national law regulatingthe use of heavy
vehiclesCurrent as at [Not applicable]Page
35
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Part 1 Preliminary[s 1]Part
1Preliminary1Short
titleThis Act may be cited as theHeavy Vehicle National Law Act2012.2Commencement(1)This
Act commences on a day to be fixed by proclamation.(2)However, if no day has been fixed by 1
July 2018, the Actcommences on that day.(3)TheActsInterpretationAct1954,section 15DAdoesnotapply to this Act.2ASpecial provision about commencement of
Heavy VehicleNational Law (Queensland)(1)The following provisions of the Heavy
Vehicle National Law(Queensland), as at the commencement
of section 12 of theHVNL Amendment Act, commence on the
day that sectioncommences—(a)Parts 1.1 to 1.3;(b)Chapter 12;(c)sections 705 and 707;(d)Parts 13.4 to 13.6;(e)Part
14.1;(f)section 755;(g)Schedule 1.(2)The
remaining provisions of the Heavy Vehicle National Law(Queensland), as at the commencement of
section 12 of theHVNL Amendment Act, commence on a day to be
fixed byproclamation.Page 36Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Part 1
Preliminary[s 3](3)This
section applies despite section 2(1) but does not limit theapplicationofsection 2(2)totheprovisionsoftheHeavyVehicle National
Law (Queensland).(4)In this section—HVNLAmendmentActmeanstheHeavyVehicleNationalLaw Amendment
Act 2013.Note—Section 12 of
the HVNL Amendment Act replaces the Schedule.3Definitions(1)For
the purposes of this Act, thelocal
application provisionsof this Actare the
provisions of this Act other than the HeavyVehicle National
Law set out in the Schedule.(2)In
the local application provisions of this Act—HeavyVehicleNationalLaw(Queensland)meanstheprovisions applying in this
jurisdiction because of section 4.National
Law, for part 4A, see section 42B.theLawmeanstheHeavyVehicleNationalLaw(Queensland).TORUMmeanstheTransportOperations(RoadUseManagement) Act 1995.transport Actsee TORUM,
schedule 4.(3)Terms used in the local application
provisions of this Act andalsointheHeavyVehicleNationalLawsetoutintheSchedule have the same meanings in
those provisions as theyhave in that Law.Current as at [Not
applicable]Page 37
Heavy
Vehicle National Law Act 2012Part 2 Adoption of
Heavy Vehicle National Law[s 4]Part 2Adoption of Heavy VehicleNational LawNotauthorised—indicativeonlyNote—ToensureharmonisationacrossAustralianjurisdictions,theHeavyVehicle National
Law, in the form set out in the Schedule, is intendedfor
adoption by other jurisdictions as well as Queensland.
Accordingly,theHeavyVehicleNationalLawisnotentirelyconsistentwithQueensland’s current drafting style.Division 1General4Application of Heavy Vehicle National
LawThe Heavy Vehicle National Law set out in
the Schedule—(a)applies as a law of this jurisdiction,
as modified by parts4 and 4A; and(b)as
so applying, may be referred to as the Heavy VehicleNational Law (Queensland); and(c)so applies as if it were part of this
Act.5Exclusion of legislation of this
jurisdiction(1)ThefollowingActsofthisjurisdictiondonotapplytotheHeavyVehicleNationalLaw(Queensland)ortotheinstrumentsmadeunderthatLaw,otherthantotheextentprovided for in
subsections (3) to (6) or section 17—(a)theActs Interpretation Act 1954;(b)theAuditor-General Act 2009;(c)theFinancial
Accountability Act 2009;(d)theInformation Privacy Act 2009;(e)thePublic Records Act 2002;(f)thePublic Sector
Ethics Act 1994;Page 38Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012Part 2 Adoption of
Heavy Vehicle National Law[s 5]Notauthorised—indicativeonly(g)thePublic Service
Act 2008;(h)theRight to Information Act 2009;(i)theStatutory Bodies Financial Arrangements Act
1982;(j)theStatutory Instruments Act 1992.(2)Also, theLegislative Standards Act 1992does
not apply to aregulationmadeundertheHeavyVehicleNationalLaw(Queensland),otherthantotheextentprovidedforinsection
17.(3)TheActs
Interpretation Act 1954, section 20C applies to theHeavyVehicleNationalLaw(Queensland)andinstrumentsmade under that
Law.(4)TheAuditor-General
Act 2009applies to the extent providedforinthenationalregulationsundertheHeavyVehicleNational Law.Note—See
the Heavy Vehicle National Law, sections 693 and 730.(5)The Acts mentioned subsection (1)(d),
(e) and (h) apply to theHeavyVehicleNationalLaw(Queensland),andtotheinstrumentsmadeunderthatLaw,inthewayprovidedbysection 696 of the Law.(6)TheActsmentionedinsubsection (1)(b)to(i)applytoanentityoftheStateexercisingfunctionsundertheHeavyVehicle National
Law (Queensland).(7)To remove any doubt, it is declared
that—(a)subsection (1)(a)doesnotlimittheapplicationoftheActsInterpretationAct1954tothelocalapplicationprovisions of
this Act; andExample—The terms
‘magistrate’ in section 14 and ‘QCAT’ in sections 10and
36 take their meaning from theActs
Interpretation Act 1954,schedule
1.(b)subsection (1)(j)doesnotlimittheapplicationoftheStatutoryInstrumentsAct1992toaregulationmadeunder the local application provisions of
this Act.Current as at [Not applicable]Page
39
Heavy
Vehicle National Law Act 2012Part 2 Adoption of
Heavy Vehicle National Law[s 6]Division 2Meaning of particular terms forHeavy Vehicle National Law(Queensland)Notauthorised—indicativeonly6Purpose of div
2Thisdivisiondefinesparticularterms,andmakesparticulardeclarations,
for the purposes of the Heavy Vehicle NationalLaw
(Queensland).7Definitions of generic terms and terms
having meaningprovided by this ActIn the Heavy
Vehicle National Law (Queensland)—police
officermeans a police officer within the meaning of
thePolice Service Administration Act
1990.this jurisdictionmeans
Queensland.8Particular laws(1)ForthepurposesoftheHeavyVehicleNationalLaw(Queensland)—(a)theState Penalties Enforcement Act
1999is declared tobetheInfringementNoticeOffencesLawforthisjurisdiction;
and(b)theWork Health and
Safety Act 2011is declared to bethe primary WHS
Law for this jurisdiction; and(c)theTransportOperations(RoadUseManagement—Road Rules)
Regulation 2009is declared to be the RoadRules for this jurisdiction.(2)AnoffenceagainsttheHeavyVehicleNationalLaw(Queensland)prescribedunderaregulationundertheStatePenaltiesEnforcementAct1999asaninfringementnoticeoffence is an offence prescribed by a law of
this jurisdictionfor the purposes of section 591 of the Heavy
Vehicle NationalLaw (Queensland).Page 40Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Part 2 Adoption of
Heavy Vehicle National Law[s 9](3)TheTransport Operations (Road Use
Management) Act 1995is specified for section 727(1),
definitionrelevant lawof theHeavy Vehicle National Law
(Queensland).9Local government authorityEachofthefollowingisdeclaredtobealocalgovernmentauthority for
this jurisdiction for the purposes of the HeavyVehicle National
Law (Queensland)—(a)the Brisbane City Council;(b)alocalgovernmentundertheLocalGovernmentAct2009.10Relevant tribunal or court(1)Subject to subsections (2) and (3),
QCAT is declared to be therelevant tribunal or court for this
jurisdiction for the purposesof the Heavy
Vehicle National Law (Queensland).(2)A
Magistrates Court is declared to be the relevant tribunal orcourtforthisjurisdictionforthepurposesofthefollowingprovisionsoftheHeavyVehicleNationalLaw(Queensland)—(a)section 556;(b)section 560;(c)section 565;(d)section 590D.(3)The
reference to a relevant tribunal or court in section 727(1),definitionprotectedinformation,paragraph(b)(iii)isareference to any
tribunal or court.11Road authorityThe chief
executive of the department in which theTransportOperations (Road Use Management) Act
1995is administeredCurrent as at [Not
applicable]Page 41
Heavy
Vehicle National Law Act 2012Part 2 Adoption of
Heavy Vehicle National Law[s 12]is declared to
be the road authority for this jurisdiction for thepurposes of the Heavy Vehicle National Law
(Queensland).Notauthorised—indicativeonly12Road manager for
a road(1)The following entity is declared to be
the road manager for aroad in this jurisdiction for the
purposes of the Heavy VehicleNational Law
(Queensland)—(a)for a State-controlled road—the chief
executive of thedepartmentinwhichtheTransportInfrastructureAct1994, chapter 6 is
administered;(b)for a road controlled by a local
government authority—the local government authority;(c)for the Airport Link franchised road—a
franchisee forthe road;(d)forafranchisedroadotherthantheAirportLinkfranchised road—the chief executive of the
departmentin which theTransport
Infrastructure Act 1994, chapter6 is
administered;(e)foralocalgovernmentfranchisedroad—alocalgovernment
franchisee of the road;(f)for another
road—an owner of the road.(2)In this
section—AirportLinkfranchisedroadmeansthefranchisedroadknown as the ‘Airport Link’ the subject of
the gazette noticeunder theTransport
Infrastructure Act 1994, section 93 madeon 18 July
2008.franchisedroadseetheTransportInfrastructureAct1994,schedule 6.franchisee,fortheAirportLinkfranchisedroad,meansaperson who, under theTransport
Infrastructure Act 1994, is afranchisee for
the road franchise agreement for the road.localgovernmentfranchisedroadseetheTransportInfrastructure Act 1994, section
105B.Page 42Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Part 2 Adoption of
Heavy Vehicle National Law[s 13]localgovernmentfranchisee,foralocalgovernmentfranchisedroad,meansapersonwho,undertheTransportInfrastructureAct1994,chapter6,part8,isalocalgovernmentfranchiseeforthelocalgovernmenttollwayfranchise agreement for the road.localgovernmenttollwayfranchiseagreementseetheTransport
Infrastructure Act 1994, section 105Y.roadfranchiseagreementseetheTransportInfrastructureAct 1994,
section 85.State-controlledroadseetheTransportInfrastructureAct1994, schedule
6.13Police officers who are authorised
officersEvery police officer is declared to be an
authorised officer forthepurposesoftheHeavyVehicleNationalLaw(Queensland).Note—See
also section 35.14Authorised warrant officialEachmagistrateisdeclaredtobeanauthorisedwarrantofficial for the purposes of the Heavy
Vehicle National Law(Queensland).15Areas
that are roadsAbuswaywithinthemeaninggivenbytheTransportInfrastructureAct1994isdeclaredtobearoadforthepurposes of the
Heavy Vehicle National Law (Queensland).Current as at [Not
applicable]Page 43
Heavy
Vehicle National Law Act 2012Part 3 National
regulations[s 17]Part 3National regulationsNotauthorised—indicativeonly17Parliamentary
scrutiny of national regulations(1)TheStatutory Instruments Act 1992,
sections 49 to 51 apply toa national regulation as if—(a)areferenceinthesectionstosubordinatelegislationwere a reference
to a national regulation; and(b)the
reference to notified under section 47 in section 49of
that Act were a reference to published as mentionedinsection 733(1)oftheHeavyVehicleNationalLaw(Queensland).Note—Generally speaking, theStatutory
Instruments Act 1992, sections 49 to51 deal with the
tabling and disallowance of subordinate legislation andthe
limited saving of operation of subordinate legislation that ceases
tohave effect.(2)TheLegislativeStandardsAct1992,part4appliestoanational regulation as if—(a)a reference in the part to subordinate
legislation were areference to a national regulation;
and(b)the reference to the responsible
Minister in section 22(2)ofthatActwereareferencetotheMinisterwhoadministerstheHeavyVehicleNationalLaw(Queensland).Note—Generally speaking, theLegislative
Standards Act 1992, part 4 dealswiththetablingandcontentofexplanatorynotesforBillsandsubordinate legislation.(3)AcommitteeoftheLegislativeAssemblymaydealwithanational regulation, under theParliament of Queensland Act2001, as if a
reference in the Act to subordinate legislation, oranitemofsubordinatelegislation,wereareferencetoanational regulation.(4)Forsubsection
(3),theLegislativeStandardsAct1992,section 4 applies to a national regulation
as if a reference inPage 44Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Part 4 Provisions
specific to this jurisdiction[s 18]thesectiontosubordinatelegislationwereareferencetoanational regulation.Note—Generally
speaking, theLegislative Standards Act 1992,
section 4 dealswith the application of fundamental
legislative principles to Bills andsubordinate
legislation.(5)If a national regulation ceases to
have effect because of theoperation of subsection (1), the
national regulation ceases tohave effect for
the purposesof the Heavy VehicleNationalLaw(Queensland),butthecessationdoesnotaffecttheapplication of the regulation in any other
jurisdiction.(6)In this section—national
regulationmeans a regulation, or a provision of
aregulation, made under the Heavy Vehicle
National Law setout in the Schedule.Part 4Provisions specific to thisjurisdictionDivision 1Preliminary18Definitions for pt 4In this
part—commissionermeansthepolicecommissionerofthisjurisdiction.public safety
conditionmeans a condition directed at
ensuringpublic safety.Current as at [Not
applicable]Page 45
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Part 4 Provisions specific to this
jurisdiction[s 19]Division 2Requirement for commissioner’sconsent for mass or dimensionexemptions19Definitions for div 2In this
division—commissioner’s amendment or cancellation
decisionmeansa decision of
the commissioner—(a)undersection
26,toasktheRegulatortoamendorcancel a mass or dimension exemption
(notice); or(b)undersection
27,toasktheRegulatortoamendorcancel a mass or dimension exemption
(permit).commissioner’s conditional decisionsee
section 23(3).commissioner’s refusal decisionsee
section 22(7).criticalareameansanareaofthisjurisdictionshownonarelevantmap,asinforcewhenaconsentmentionedinsection 20 or 21 is given, as a
critical area.criticalroadmeansaroadinthisjurisdictionshownonarelevantmap,asinforcewhenaconsentmentionedinsection 20 or 21 is given, as a
critical road.non-critical areameans this
jurisdiction, other than any partof this
jurisdiction that is a critical area or critical road.relevant mapmeans a
map—(a)developed by the chief executive in
relation to the givingof consents as mentioned in sections
20 and 21; and(b)as published on the department’s
website from time totime.reviewandappealinformation,foracommissioner’sconditional
decision, a commissioner’s refusal decision or acommissioner’samendmentorcancellationdecision,meansthe following
information—Page 46Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Part 4 Provisions
specific to this jurisdiction[s 20](a)that, under section 641 of the Law, as
applied under thisdivision, a dissatisfied person for the
decision may applyto the Regulator to have the decision
reviewed;(b)that, under section 643 of the Law, as
applied under thisdivision, the Regulator must refer the
application to thecommissioner for review;(c)that
the decision of the commissioner on the review isnot
subject to further review or appeal under the Law.20Other consents under s 118 of the
Law(1)Forsection
118(1)(c)oftheLaw,theconsentofthecommissioner is required for a mass or
dimension exemption(notice).(2)However,aconsentisrequiredundersubsection (1)foramass or dimension exemption (notice)
only to the extent theexemption applies to any of the
following—(a)the use of class 1 heavy vehicles, of
more than a widthorlengthprescribedunderaregulationforthisparagraph, in a
critical area or on a critical road;(b)the
use of class 1 heavy vehicles, of more than a widthorlengthprescribedunderaregulationforthisparagraph, in
the non-critical area.(3)Toremoveanydoubt,itisdeclaredthatsubsection (1),aslimited by subsection (2), is, for section
167(2)(d) of the Law,a law of this jurisdiction that
requires consultation with thirdparties.21Other consents under s 124 of the
Law(1)Forsection
124(1)(c)oftheLaw,theconsentofthecommissioner is required for a mass or
dimension exemption(permit).(2)However,aconsentisrequiredundersubsection (1)foramass or dimension exemption (permit)
only to the extent theexemption applies to any of the
following—Current as at [Not applicable]Page
47
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Part 4 Provisions specific to this
jurisdiction[s 22](a)the
use of a class 1 heavy vehicle, of more than a widthorlengthprescribedunderaregulationforthisparagraph, in a
critical area or on a critical road;(b)the
use of a class 1 heavy vehicle, of more than a widthorlengthprescribedunderaregulationforthisparagraph, in
the non-critical area.(3)Toremoveanydoubt,itisdeclaredthatsubsection (1),aslimited by subsection (2), is, for section
167(2)(d) of the Law,a law of this jurisdiction that
requires consultation with thirdparties.22Deciding request for consent
generally(1)This section applies if the
commissioner’s consent to the grantof a mass or
dimension exemption is required as mentioned insection 20 or
21.(2)The Regulator must ask the
commissioner for the consent.(3)Thecommissionermustdecidetogiveornottogivetheconsent within 28 days after the
request is made.(4)The commissioner may decide not to
give the consent only ifthe commissioner is satisfied—(a)the mass or dimension exemption will,
or is likely to,adversely affect public safety; and(b)itisnotpossibletogranttheexemptionsubjecttoconditions that will avoid, or
significantly minimise, theadverseeffects,orlikelyadverseeffects,onpublicsafety.(5)Also,indecidingwhetherornottogivetheconsent,thecommissioner must have regard to the
approved guidelines forgranting mass or dimension
exemptions.(6)If the commissioner decides not to
give consent to the grant oftheexemption,thecommissionermustgivetheRegulatorwritten reasons
for the commissioner’s decision.Page 48Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012Part 4 Provisions
specific to this jurisdiction[s 23](7)Adecisionofthecommissionernottogiveconsenttothegrantofamassordimensionexemption(permit)isacommissioner’s refusal decision.Notauthorised—indicativeonly23Imposition of conditions(1)Thecommissionermaydecidetoconsenttothegrantofamassordimensionexemptionsubjecttoaconditionthatastated public safety condition is
imposed on the exemption.(2)If the
commissioner decides to consent in a way mentioned insubsection (1)—(a)thecommissionermustgivetheRegulatorwrittenreasons for the commissioner’s decision to
give consentto the grant of the exemption subject to the
imposition ofthe public safety condition; and(b)the Regulator must impose the public
safety conditionon the exemption.(3)A
decision of the commissioner to consent to the grant of amass
or dimension exemption (permit) in a way mentioned insubsection (1) is acommissioner’s
conditional decision.24Information notice for decision to refuse
applicationbecause commissioner did not give
consent(1)This section applies if an application
for a mass or dimensionexemption (permit) is refused, wholly
or partly, because thecommissioner has refused to consent to
the exemption.(2)Theinformationnoticeforthedecisiontorefusetheapplicationgiventotheapplicantundersection
128oftheLawmuststatethefollowing,inadditiontoanyotherinformationrequiredtobeincludedintheinformationnotice—(a)that the commissioner has refused to
consent to the massor dimension exemption (permit);(b)the written reasons given for the
commissioner’s refusaldecision;Current as at [Not
applicable]Page 49
Heavy
Vehicle National Law Act 2012Part 4 Provisions
specific to this jurisdiction[s 25](c)thereviewandappealinformationforthecommissioner’s refusal
decision.Notauthorised—indicativeonly25Information
notice for imposition of condition requestedby
commissioner(1)This section applies if—(a)theRegulatorgrantsamassordimensionexemption(permit) to a person; and(b)theexemptionissubjecttoapublicsafetyconditionrequired by the
commissioner under section 23.(2)IftheRegulatorisnototherwiserequiredundersection 127(1)(b) of the Law to give the
person an informationnotice,theRegulatormustneverthelessgivethepersonaninformationnoticeforthecommissioner’sconditionaldecision.(3)If the Regulator is required under
section 127(1)(b) to give theperson an
information notice, the information notice must alsoapply to the commissioner’s conditional
decision.(4)Theinformationnotice,totheextentitappliestothecommissioner’sconditionaldecision,muststatethefollowing—(a)thatthecommissionerconsentedtothemassordimension exemption (permit) on the
condition that thepublic safety condition is imposed on the
exemption;(b)thewrittenreasonsgivenforthecommissioner’sconditional
decision;(c)thereviewandappealinformationforthecommissioner’s conditional
decision.26Amendment or cancellation of mass or
dimensionexemption (notice) on request by
commissioner(1)This section applies if the
commissioner is satisfied that theuse of heavy
vehicles on a road under a mass or dimensionexemption
(notice) for which the commissioner’s consent wasPage
50Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Part 4 Provisions
specific to this jurisdiction[s 27]given has adversely affected, or is likely
to adversely affect,public safety.(2)The
commissioner may ask the Regulator to—(a)amendthemassordimensionexemption(notice),including, for
example, by—(i)amendingtheareasorroutestowhichtheexemption applies; or(ii)amendingthedaysorhourstowhichtheexemption applies; or(iii)imposing or amending public safety
conditions; or(b)cancel the exemption to the extent
that, wholly or partly,the exemption has effect in this
jurisdiction.(3)The Regulator must comply with the
request.(4)TheRegulatormustpublishnoticeoftheamendmentorcancellation—(a)in
the Commonwealth Gazette; and(b)on
the Regulator’s website; and(c)iftheRegulatorconsidersitappropriate—inanotherway,
including, for example, in a national newspaper.(5)The amendment or cancellation takes
effect—(a)28daysaftertheCommonwealthGazettenoticeispublished under subsection (4); or(b)if a later time is stated in the
Commonwealth Gazettenotice, at the later time.27Amendment or cancellation of mass or
dimensionexemption (permit) on request by
commissioner(1)This section applies if the
commissioner is satisfied that theuse of heavy
vehicles on a road under a mass or dimensionexemption
(permit) for which the commissioner’s consent wasgiven has adversely affected, or is likely
to adversely affect,public safety.Current as at [Not
applicable]Page 51
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Part 4 Provisions specific to this
jurisdiction[s 28](2)The
commissioner may ask the Regulator to—(a)amendthemassordimensionexemption(permit),including, for
example, by—(i)amendingtheareasorroutestowhichtheexemption applies; or(ii)amendingthedaysorhourstowhichtheexemption applies; or(iii)imposing or amending public safety
conditions; or(b)cancel the exemption to the extent
that, wholly or partly,the exemption has effect in this
jurisdiction.(3)The Regulator must comply with the
request.(4)If the mass or dimension exemption
(permit) is amended orcancelledunderthissection,theRegulatormustgivetheholderoftheexemptionnoticeoftheamendmentorcancellationatleast28daysbeforetheamendmentorcancellation is to take effect.(5)The notice given to the holder must
state—(a)the day the amendment or cancellation
is to take effect;and(b)thereasonsgivenbythecommissionerfortheamendment or cancellation; and(c)thereviewandappealinformationforthecommissioner’s decision.28Reviewable decisionsEach
of the following is taken to be a reviewable decision forChapter 11 of the Law—(a)a
commissioner’s refusal decision;(b)a
commissioner’s conditional decision.(c)a
commissioner’s amendment or cancellation decision.Page
52Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Part 4 Provisions
specific to this jurisdiction[s 29]29Applying review and appeal provisions
of the Law(1)ThissectionmakesspecialprovisionabouthowtheLawappliesinrelationtoacommissioner’srefusaldecision,acommissioner’sconditionaldecisionoracommissioner’samendmentorcancellationdecision(thecommissioner’sdecision).(2)Forapplyingsection
641oftheLawtothecommissioner’sdecision, a
dissatisfied person includes—(a)foracommissioner’srefusaldecisionoracommissioner’s conditional
decision—the applicant forthe mass or dimension exemption
(permit) the subject ofthe decision; and(b)foracommissioner’samendmentorcancellationdecision—(i)ifamass
ordimensionexemption(notice)is thesubjectofthedecision—apersonadverselyaffected by the
decision; or(ii)if a mass or
dimension exemption (permit) is thesubjectofthedecision—thepersontowhomtheexemption was granted.(3)Section 642oftheLawdoesnotapplyinrelationtothecommissioner’s decision.(4)For applying sections 643 to 646 of
the Law, a reference to aroadmanagerforaroad,ortoaroadmanager,istakentoinclude a reference to the
commissioner.(5)The review decision for the
commissioner’s decision can notbe the subject
of an appeal under Part 11.3 of the Law.(6)Without limiting subsection (5)—(a)references to an appeal in section 645
of the Law maybe ignored; and(b)section 646(2) of the Law applies only to
the extent ofsection 646(2)(a) and (b).Current as at [Not applicable]Page
53
Heavy
Vehicle National Law Act 2012Part 4 Provisions
specific to this jurisdiction[s 30]Division 3Additional
evidentiary provisionsNotauthorised—indicativeonly30Additional Regulator
certificates(1)AcertificatepurportingtobeissuedbytheRegulatorandstating that, at a stated time or during a
stated period or by astated day—(a)a
stated thing was the property of the Regulator; or(b)astatedsignwasorwasnotanofficialtrafficsign,contained stated
words or was on a stated place; or(c)a
stated vehicle was or was not inspected under the Law;or(d)a stated vehicle
was or was not inspected in compliancewith a stated
requirement made by an authorised officer;or(e)aninspectionofastatedvehicleundertheLawgavestated results;
or(f)a stated application, or another
stated document requiredto be lodged under the Law, was or was
not received bythe Regulator; or(g)a
stated report or stated information required to be givento
the Regulator under the Law was received or was notreceived by the Regulator; or(h)no report or information of a stated
type, required to begiven to the Regulator under the Law,
was received bythe Regulator; or(i)a
stated vehicle was or was not of a stated type, or wascarrying stated goods; or(j)a stated heavy vehicle was or was not,
whether generallyor for the purposes of stated circumstances,
insured inaccordancewiththerequirementsofanythirdpartyinsurance legislation applying to the
vehicle; or(k)a stated copy of a document was a copy
of a documentissued, or required to be kept, under the
Law; orPage 54Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Part 4 Provisions
specific to this jurisdiction[s 31](l)astateddocumentwasamanufacturer’sspecificationfor a stated
type of vehicle;(m)a stated vehicle’s GCM or GVM was a
stated amount,and how the amount was identified;is
evidence of the matter.(2)Subsection (1)
does not limit section 711 of the Law.(3)Section 715oftheLawappliestoamattermentionedinsubsection (1)(a)to(m)asifthematterwasstatedinacertificate under section 711 of the
Law.31Additional road authority
certificates(1)A certificate purporting to be issued
by the entity that, undersection 11,istheroadauthorityforthisjurisdiction,andstating that, at a stated time or during a
stated period—(a)statedparticularsexistedinrelationtoastatedconviction,disqualification,suspension,cancellation,licence or other
stated matter under a transport Act or acorresponding
law to a transport Act; or(b)a stated copy of
a document was a copy of a documentissued, or
required to be kept, under a transport Act or acorresponding
law to a transport Act; or(c)a stated entity
was a corresponding authority; or(d)astatedvehiclewasorwasnotinspectedunderatransport Act; or(e)an
inspection of a stated vehicle under a transport Actgave
stated results;(f)a stated vehicle’s GCM or GVM was a
stated amount,and how the amount was identified;(g)astatedvehiclewasorwasnotregisteredunderTORUM as a heavy vehicle; or(h)astatedvehicleregisteredunderTORUMwasorwasnot registered
as a heavy vehicle of a stated category; orCurrent as at [Not
applicable]Page 55
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Part 4 Provisions specific to this
jurisdiction[s 32](i)a
stated person was or was not the registered operator,under TORUM, of a stated vehicle; or(j)astatedregistrationunderTORUMwasorwasnotamended or cancelled under that Act;is
evidence of the matter.(2)Subsection (1)
does not limit section 712 of the Law.(3)Section 715oftheLawappliestoamattermentionedinsubsection (1)(a)to(j)asifthematterwasstatedinacertificate under section 712 of the
Law.(4)In this section—corresponding
authoritysee theTransport
Operations (RoadUse Management) Act 1995, schedule
4.corresponding lawsee theTransport Operations (Road UseManagement) Act 1995, schedule
4.32Evidence of contents of document
examined byauthorised officerEvidencebyanauthorisedofficerofthecontentsofadocument issued,
or required to be kept, under the Law, thatwas examined by
the officer while it was in someone else’spossession, may
be given by the officer without the documentbeing
produced.Example—An authorised
officer who examines a driver’s work diary may returnthe
work diary to the driver to enable the driver to continue driving.
Theofficer may give evidence of the contents of
the work diary withoutproducing it.33Averments(1)In a
proceeding for an offence against the Law, a statement inthe
complaint for the offence that—(a)at a
stated time or during a stated period—Page 56Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Part 4 Provisions
specific to this jurisdiction[s 34](i)astatedpersonwasorwasnottheholderofadriverlicenceundertheTransportOperations(RoadUseManagement)Act1995ofanyparticular class or type; or(ii)astatedpersonwasorwasnottheholderofadriverlicenceundertheTransportOperations(Road Use
Management) Act 1995authorising theholder to drive
a motor vehicle on a stated road; or(b)anydistancementionedinthecomplaintisorwasastated distance or is or was greater
or less than a stateddistance;is evidence of
the matter.(2)Section 715oftheLawappliestothemattermentionedinsubsection (1)(b)asifthematterwereamatterstatedinacertificate to
which the section applies.Division 4Special
provisions about Regulator34Declarations
about industrial relations status ofRegulator(1)It is declared that —(a)theRegulatorisnotapublicsectoremployerforthepurposes of theFair Work
(Commonwealth Powers) andOther Provisions Act 2009;
and(b)it is the intention of the Parliament
that the Regulator bea national system employer for the
purposes of theFairWork Act
2009(Cwlth).(2)No
Act of Queensland can have effect to stop the Regulatorfrom
being a national system employer for the purposes of theFair
Work Act 2009(Cwlth).Current as at [Not
applicable]Page 57
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Part 4 Provisions specific to this
jurisdiction[s 35]Division 5Other specific provisions35Application of particular provisions
to police officersA provision of Chapter 9 of the Heavy
Vehicle National Law(Queensland)thatcorrespondstoaprovisionofthePolicePowersandResponsibilitiesAct2000doesnotapplytoanauthorised officer who is a police
officer.36Review of decision by QCAT as relevant
tribunal or courtA reference in the Heavy Vehicle National
Law (Queensland)to an appeal against a decision is, for an
appeal to QCAT asthe relevant tribunal or court, a reference
to a review of thedecision as provided under the QCAT
Act.37Use of force(1)For
section 491(2) of the Law, a police officer is authorised touse
force against a person in the exercise or purported exerciseof a
function under Chapter 9 of the Law if thePolice
Powersand Responsibilities Act 2000authorises the police officer touse
the force against the person.(2)For
section 492(1)(b) of the Law, the exercise of the power touse
force against property is authorised for the purposes of thefollowing provisions of the Law—(a)section 497(4)(a);(b)section 498(6);(c)section 500(2)(c);(d)section 518(6)(b);(e)section 519(7);(f)section 521(1);(g)section 523(2).Page 58Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Part 4 Provisions
specific to this jurisdiction[s 38]38Power to seizeIf, apart from
section 552(1) of the Law, a heavy vehicle, or athingmentionedinsection 552(1)(b)oftheLaw,isathingthatmaybeseizedunderChapter9oftheLaw,itmaybeseized under
Chapter 9 of the Law despite section 552(1).39Power
to require production of driver licence(1)An
authorised officer may, for compliance purposes, requirethe
driver of a heavy vehicle to produce for inspection by theofficer the driver’s driver licence.(2)A person of whom a requirement is made
under subsection (1)mustcomplywiththerequirement,unlessthepersonhasareasonable excuse.Maximum
penalty—45 penalty units.(3)It is not a
reasonable excuse for the person to fail to complywith
a requirement made under subsection (1)—(a)that
the person does not have the driver licence in his orher
immediate possession; or(b)thatcomplyingwiththerequirementmighttendtoincriminatethepersonormakethepersonliabletoapenalty.(4)The authorised officer may take a copy
of, or an extract from,the driver’s driver licence.40Commissioner consent for grant of blue
light vehiclestandards exemption(1)The
Regulator may, under the Law, grant a blue light vehiclestandardsexemptiononlywiththeconsentofthecommissioner.(2)The
Regulator must ask the commissioner for the consent.(3)Thecommissionermustdecidetogiveornottogivetheconsent within 28 days after the
request is made.Current as at [Not applicable]Page
59
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Part 4 Provisions specific to this
jurisdiction[s 40](4)The
commissioner may decide to give the consent only if thecommissioner is satisfied that the blue
light vehicle standardsexemption will not, or is not likely
to, adversely affect publicsafety.(5)Withoutlimitingsubsection (4),thecommissionermustbesatisfied that the exemption will not,
or is not likely to, operatetoreducetheeffectivenessofusingbluelightstoclearlyidentifytootherroadusersvehiclesbeingusedforlawenforcement or
for an emergency.(6)Also,indecidingwhetherornottogivetheconsent,thecommissioner must have regard to the
approved guidelines forgranting vehicle standards
exemptions.(7)Thecommissionermaydecidetoconsenttothegrantofablue light vehicle standards exemption
subject to a conditionthatastatedpublicsafetyconditionisimposedontheexemption.(8)If
the commissioner decides to consent in a way mentioned insubsection (7),theRegulatormustimposethepublicsafetycondition on the exemption.(9)Section 26 applies to a blue light
vehicle standards exemption(notice)asiftheexemptionwereamassordimensionexemption
(notice) for which the commissioner’s consent wasgiven.(10)Section 27,otherthansection
27(5)(b)and(c),appliestoabluelightvehiclestandardsexemption(permit)asiftheexemption were a
mass or dimension exemption (permit) forwhich the
commissioner’s consent was given.(11)This
section applies in relation to a blue light whether or not
itis a light that flashes.(12)In
this section—blue light vehicle standards
exemptionmeans—(a)a
blue light vehicle standards exemption (notice); or(b)a blue light vehicle standards
exemption (permit).Page 60Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Part 4 Provisions
specific to this jurisdiction[s 41]bluelightvehiclestandardsexemption(notice)meansavehiclestandardsexemption(notice)thatpermitsheavyvehiclesofthecategorythesubjectoftheexemptiontobefitted with a blue light.bluelightvehiclestandardsexemption(permit)meansavehicle standards exemption (permit) that
permits the heavyvehicle the subject of the exemption to be
fitted with a bluelight.41Commissioner permission for fitting of blue
light ifvehicle standards exemption is not
required(1)Thissectionappliestoaheavyvehicle,otherthanapolicevehicle, that
under the heavy vehicle standards may be fittedwith a blue
light.(2)The heavy vehicle standards are taken
to further provide thatthe heavy vehicle may be fitted with a
blue light only if thecommissioner has given written
permission for the fitting ofthe
light.(3)Awrittenpermissionforthefittingwithabluelightofaheavyvehicletowhichthissectionapplies,givenbythecommissioner before the commencement
of this section andstill in force immediately before the
commencement, is takentobeawrittenpermissionforthefittingofthelightgivenunder subsection (2).(4)This
section applies in relation to a blue light whether or not
itis a light that flashes.(5)In
this section—policevehiclemeansaheavyvehicledrivenbyapoliceofficer in the
course of the police officer’s duty.42Provision of information and assistance by
Queenslandinformation holder(1)DespiteanyotherActorlaw,aQueenslandinformationholder is
authorised, on the Queensland information holder’sown
initiative or at the request of the Regulator—Current as at [Not
applicable]Page 61
Heavy
Vehicle National Law Act 2012Part 4 Provisions
specific to this jurisdiction[s 42]Notauthorised—indicativeonly(a)toprovidetheRegulatorwithinformation(includingpersonalinformationandinformationgiveninconfidence)heldbythedepartmentandreasonablyrequiredbytheRegulatorforadministeringtheLaw;and(b)toprovidetheRegulatorwithotherassistancereasonablyrequiredbytheRegulatortoexerciseafunction under the Law.(2)To
remove any doubt, it is declared that information given tothe
Regulator as authorised under subsection (1) is taken to beinformation obtained in the course of
administering the Law,asmentionedinsection 727(1),definitionprotectedinformation, paragraph (a)
of the Law.(3)This section does not limit section
660 of the Law.(4)Nothingdone,orauthorisedtobedone,byaQueenslandinformation
holder in acting under subsection (1)—(a)constitutes a breach of, or default under,
an Act or otherlaw; or(b)constitutesabreachof,ordefaultunder,acontract,agreement,
understanding or undertaking; or(c)constitutesabreachofadutyofconfidence(whetherarisingbycontract,inequityorbycustomorinanyother way);
or(d)constitutes a civil or criminal wrong;
or(e)terminatesanagreementorobligation,orfulfilsanycondition that allows a person to terminate
an agreementor obligation, or gives rise to any other
right or remedy;or(f)releases a
surety or any other obligee wholly or in partfrom an
obligation.(5)In this section—Queensland
information holdermeans—(a)the
chief executive; orPage 62Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012Part 4A Other
modifications of National Law[s 42A](b)an officer or employee of the
department who has accesstoinformationheldbythedepartmentintheordinarycourse of
performing duties in the department.Notauthorised—indicativeonly42AAuthorisation for s 688 of the Law
(Payments into Fund)(1)Forsection688(1)(e)oftheLaw,anamountequaltotheregulatorycomponentofthechargespayablefortheregistration of heavy vehicles is to
be paid into the Fund.(2)In this
section—regulatorycomponent,ofthechargespayablefortheregistrationofheavyvehicles,meansthecomponentofthechargesprescribedunderTORUMastheregulatorycomponent of the
charges.Part 4AOther
modifications of NationalLaw42BMeaning of National LawIn this
part—National Lawmeans the Heavy
Vehicle National Law set outin the
Schedule.42COperation of pt 4AThis part states
other modifications of the National Law forthe purpose of
applying the Law as a law of this jurisdictionunder section
4.42DAmendment of s 598 (Power to cancel or
suspend vehicleregistration)National Law, s
598(2)—omit, insert—Current as at [Not
applicable]Page 63
Heavy
Vehicle National Law Act 2012Part 4A Other
modifications of National Law[s 42E](2)The court may make an order that the
registrationof a heavy vehicle in relation to which the
offencewascommittedandofwhichthepersonisaregistered operator is
cancelled.Editor’s note—This subsection
is a substituted Queensland provision.Notauthorised—indicativeonly42EAmendment of s
707 (Proceedings for offences)(1)National Law, section 707—insert—(3A)AcomplaintforafatiguemanagementoffencemaybeheardataplaceappointedforholdingMagistratesCourtswithinthedistrictwithinwhich the defendant was required to produce
thedefendant’s work diary under section
568.Editor’s note—This subsection
is an additional Queensland provision.(3B)Subsection(3A)haseffectdespite,butdoesnotlimit, the Justices Act 1886, section
139.Editor’s note—This subsection
is an additional Queensland provision.(2)National Law, section 707(4)—insert—fatiguemanagementoffencemeansanoffenceagainst any of
the following provisions—(a)section
250;(b)section 251;(c)section 254;(d)section 256;(e)section 258;(f)part
6.4.Page 64Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Part 5
Miscellaneous[s 43]Editor’s
note—This definition is an additional Queensland
provision.Part 5Miscellaneous43Regulation-making power(1)TheGovernorinCouncilmaymakeregulationsunderthelocal application provisions of this
Act.(2)Aregulationmaymodifytheapplicationofanationalregulation in
Queensland.43AFees payable under Heavy Vehicle
National Law(Queensland)(1)This
section provides for the fee payable for a matter underthe
Heavy Vehicle National Law (Queensland) if a provisionof
the Law refers to a fee that is or may be payable under alaw
of this jurisdiction for the matter.(2)The
fee payable for the matter, if any, is the amount prescribedunder a regulation for the matter.Part
6Savings and transitionalprovisionsDivision 1The
Regulator44Savings provision for Regulator(1)This section has effect for the
purposes of—(a)the commencement, on 12 October 2012,
of Chapters 12and 14 of the original HVNL(Q); andCurrent as at [Not applicable]Page
65
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Part 6 Savings and transitional
provisions[s 44](b)the
commencement, after 12 October 2012, of Chapter12 and Part 14.1
of the new HVNL(Q).(2)AnythingdoneunderChapter12or14oftheoriginalHVNL(Q) and still in effect immediately
before the relevantcommencementcontinuestohaveeffectaftertherelevantcommencementandmay,ifthecircumstancespermit,betaken to have been done under Chapter
12 or Part 14.1 of thenew HVNL(Q).(3)Without limiting subsection (2), the
following things continueto have effect after the relevant
commencement—(a)establishmentoftheRegulatorundertheoriginalHVNL(Q);(b)appointmentofmembersoftheBoardasinofficeimmediately
before the relevant commencement;(c)appointment of the chief executive officer
by the Board;(d)decisions of the Board still in force
immediately beforethe relevant commencement;(e)actions taken by the Regulator still
in effect immediatelybefore the relevant
commencement;(f)agreementsenteredintobytheRegulatorandstillinforce immediately before the relevant
commencement.(4)In this section—newHVNL(Q)meanstheHeavyVehicleNationalLaw(Queensland) as at the commencement of this
section.original HVNL(Q)means the Heavy
Vehicle National Law(Queensland) as at 12 October
2012.relevantcommencementmeansthecommencementofChapter 12 of the new HVNL(Q).Page
66Current as at [Not applicable]
Notauthorised—indicativeonlyDivision 2Heavy Vehicle
National Law Act 2012Part 6 Savings and transitional
provisions[s 45]Operation of
general savings andtransitional provision45Definitions for div 2In this
division—commencementmeans the
commencement of this division.general savings
and transitional provisionmeans section 748of the
Law.46Operation of general savings and
transitional provisionThisdivisiondoesnotaffecttheoperationofthegeneralsavingsandtransitionalprovisionexcepttotheextentexpressly
provided for.47Investigation and enforcement for
offences committedbefore commencement(1)To
remove any doubt, it is declared that the general savingsand
transitional provision does not affect the operation of theActsInterpretationAct1954,section 20inrelationtoarelevant offence.(2)AtransportAct,asinforcebeforethecommencement,continues to
apply for the purposes of a relevant offence—(a)as
if the Law was not in force; and(b)ifthetransportActwasamendedonthecommencement—asifthetransportActhadnotbeenamended on the commencement.Example—In the
investigation of a relevant offence, an embargo notice is
issued,before the commencement, under section 46B
of TORUM. A breach ofthe embargo notice after the
commencement would be dealt with as anoffence under
TORUM as in force before the commencement.(3)Without limiting subsections (1) and
(2)—Current as at [Not applicable]Page
67
Heavy
Vehicle National Law Act 2012Part 6 Savings and
transitional provisions[s 47]Notauthorised—indicativeonly(a)a transport Act,
as in force before the commencement,continues to
have effect for all matters arising, whetherbefore or after
the commencement—(i)in the investigation of the relevant
offence; or(ii)in the
enforcement of any transport Act in relationto the relevant
offence; and(b)aproceedingfortherelevantoffenceoranassociatedoffence may be
started under a transport Act as in forcebefore the
commencement; and(c)theStatePenaltiesEnforcementAct1999,asinforcebeforethecommencement,appliestotherelevantoffence and any associated offence.Examples—1In
the investigation of a relevant offence, an embargo notice
couldbeissued,afterthecommencement,undersection 46BofTORUM. A subsequent breach of the embargo
notice would bedealt with as an offence under TORUM as in
force before thecommencement.2A
provision of TORUM that is repealed on the commencement, butthat
was in force before the commencement as an aid to the givingof
evidence, would continue to apply, or could be applied, for
aproceeding for an offence against a
transport Act alleged to havebeen committed
before the commencement.(4)Section 748(5)
of the Law applies to a relevant prosecution asif it were a
prosecution referred to in section 748(3)(c) of theLaw.(5)In
this section—associatedoffencemeansanyoffencearisingoutofanyinvestigationorenforcementasmentionedinsubsection (3)(a).relevant
offencemeans an offence committed or suspected
tohavebeencommittedunderatransportActbeforethecommencement.relevant
prosecutionmeans the prosecution of—(a)a relevant offence; andPage
68Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012Part 6 Savings and
transitional provisions[s 48](b)any
other offence that, under this section, is dealt with asan
offence under a transport Act.Notauthorised—indicativeonly48Particular orders continue to have
effect under TORUMafter commencement(1)The
general savings and transitional provision does not applyto a
TORUM order or VSS notice.(2)TORUM, as in
force before the commencement, continues toapply for the
purposes of a TORUM order as if—(a)the
Law was not in force; and(b)TORUM had not
been amended on the commencement.Example—Before the commencement, a court made a
supervisory interventionorder under section 164B of TORUM,
requiring a person to give acompliance
report to the chief executive, as mentioned in section 164Cof
TORUM, by a stated time that is after the commencement. A
failureto give the report by the stated time would
be dealt with as an offenceunder section
164E of TORUM even though sections 164B and 164Eare
repealed on the commencement.(3)TORUM,includingtheVSSregulation,asinforceimmediatelybeforethecommencement,continuestoapplyfor the purposes
of a VSS notice as if—(a)the Law was not
in force; and(b)TORUM,includingtheVSSregulation,hadnotbeenamended on the
commencement.(4)Without limiting subsections (2) and
(3)—(a)TORUM,includingtheVSSregulation,asinforcebefore the
commencement, continues to have effect forall matters
arising after the commencement—(i)in
the investigation of a relevant offence; or(ii)in
the enforcement of TORUM, including the VSSregulation, in
relation to a relevant offence; and(b)a
proceeding for a relevant offence may be started underTORUM as in force before the commencement;
andCurrent as at [Not applicable]Page
69
Heavy
Vehicle National Law Act 2012Part 6 Savings and
transitional provisions[s 48]Notauthorised—indicativeonly(c)theStatePenaltiesEnforcementAct1999,asinforcebefore the commencement, continues to have
effect inrelation to a relevant offence.(5)Section 748(5)oftheLawappliestotheprosecutionofarelevantoffenceasifitwereaprosecutionreferredtoinsection
748(3)(c) of the Law.(6)In this
section—relevantoffencemeansanoffencecommittedafterthecommencementrelatingtononcompliancewithaTORUMorder or VSS
notice.TORUM ordermeans a
requirement, direction, authorisation,notice or order
if—(a)it was made or given under a TORUM
order provisionbefore the commencement; and(b)itappliedtoavehiclethat,onthecommencement,becomes a heavy
vehicle under the Law; and(c)immediatelybeforethecommencementitwasstillinforce to require a person to do or not to do
something.TORUMorderprovisionmeansanyofthefollowingprovisionsofTORUMasinforcebeforethecommencement—(a)section 36;(b)section 37(1);(c)section 38(2);(d)section 39E(2) or (4);(e)section 39F(2);(f)section 39G(2);(g)section 39K(2) or (3);(h)section 39L(2) or (3);(i)section 39M(2);(j)section 39N(2);Page 70Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Part 6 Savings and
transitional provisions[s 49](k)section 39Q(2);(l)section 164B.VSS
noticemeans a defect notice given under section
8(2) ofthe VSS regulation if—(a)it
was given before the commencement; and(b)itappliedtoavehiclethat,onthecommencement,becomes a heavy
vehicle under the Law; and(c)immediatelybeforethecommencementitwasstillinforce to require a person to do or not to do
something.VSS regulationmeans theTransport Operations (Road UseManagement—Vehicle Standards and Safety)
Regulation 2010of Queensland.49Continuation of work diary exemption(1)A relevant exemption continues in
force under the Law to thegreatestpracticableextentasifitwereaworkdiaryexemption (permit) under the Law.(2)However, for applying the Law to it,
the relevant exemption—(a)is not, and can
not be made, the subject of a standardhours condition;
and(b)can not, when subsection (1) commences
to have effectin relation to it, be made subject to any
other conditionsas mentioned in section 366(2) of the Law;
and(c)excepttotheextentitisamendedorcancelledundersection 370, 371 or 372 of the Law,
continues in forceuntilitwouldhaveexpirediftheLawhadnotbeenenacted.(3)Thissectiondoesnotlimittheapplicationofthegeneralsavings and
transitional provision to a work diary exemptionunder the fatigue regulation that is not a
relevant exemption.(4)In this section—Current as at [Not
applicable]Page 71
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Part 6 Savings and transitional
provisions[s 50]fatigueregulationmeanstheTransportOperations(RoadUse
Management—Fatigue Management) Regulation 2008ofQueensland.relevant
exemptionmeans a work diary exemption under
thefatigue regulation if the exemption—(a)wasgrantedonthebasisofthechiefexecutive’ssatisfactionundersection 158(3)(a)ofthefatigueregulation;
and(b)was in force immediately before the
commencement ofthis section.standard hours
conditionmeans a condition as mentioned insection 366(1) of the Law.50Declaratory regulation-making power
for general savingsand transitional provision(1)A regulation (adeclaratory
regulation) may make provisionof a declaratory
nature, as provided for in subsection (2), inrelation to the
operation of the general savings and transitionalprovision.(2)A
declaratory regulation may in relation to a particular thingdoneundertheformerlegislationbeforethecommencement—(a)declarethatthegeneralsavingsandtransitionalprovision
applies to it; or(b)declarehowthegeneralsavingsandtransitionalprovision
applies to it.(3)A declaratory regulation has effect
according to its terms.(4)Theoperationofthegeneralsavingsandtransitionalprovisionisnotlimitedbythemakingofadeclaratoryregulationotherthantotheextentprovidedforinthedeclaratory regulation.(5)The
transitional regulation-making power as provided for indivision 3 does not apply to a declaratory
regulation lawfullymade under this section even if, apart from
this section, thePage 72Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Part 6 Savings and
transitional provisions[s 52]declaratoryregulationcouldbemadeasatransitionalregulation.(6)Adeclaratoryregulationmaynothaveretrospectiveoperation.(7)Ifadeclaratoryregulationcommencesafterthecommencement, it does not affect the
operation of the generalsavings and transitional provision in
a way that disadvantagesa person by—(a)decreasing the person’s rights; or(b)imposing liabilities on the
person.(8)Adeclaratoryregulationmustdeclareitisadeclaratoryregulation.Division 3General transitional matters52References in documents to repealed or
amendedprovisions(1)This
section applies to a document if—(a)there is a reference in the document to a
provision (theaffectedprovision)ofTORUMasinforcebeforethecommencement of this section; and(b)theaffectedprovisionisrepealedoramendedonthecommencementofthissectionhavingregardtothecommencement of
the Law.(2)The reference may, if the context
permits, be taken to be areferencetoaprovisionoftheLawcorrespondingtotheaffected provision.(3)In this section—documentdoes
not include an Act.Current as at [Not applicable]Page
73
Heavy
Vehicle National Law Act 2012ScheduleScheduleHeavy Vehicle
National Lawsection 4Notauthorised—indicativeonlyPage 74Editor’s
notes—1TheHeavyVehicleNationalLawandOtherLegislationAmendment Bill
2018, part 4 amends the uniform National Lawprovisions in
the schedule of theHeavy Vehicle National Law Act2012.Thefollowingamendmentshavebeenincludedinthisindicative
reprint—•amendments of sections 4, 5, 6, 26D,
60, 105, 116, 192A, 319,520, 521, 522, 525, 527, 551, 569,
598, 636, 637, 638, 653,658, 659, 660, 688, 711, and schedule
4•insertion of new sections 319A and
737A, and new chapter 12,part 12.2A•omission of chapter 2.2The
Heavy Vehicle National Law Amendment Bill 2018, part 3amends the uniform National Law provisions
in the schedule of theHeavy Vehicle National Law Act
2012. The following amendmentshave
been included in this indicative reprint—•amendments of sections 5, 23, 26D, 95, 96,
136, 153A, 172,490, 521, 522, 568, 569, 570, 570A, 577,
588, 641, 653, 727730, 737, 750, schedule 3, and schedule
4•insertion of new sections 25A, 156A,
726B and 726C, newpart 9.4, divisions 5A and 5B, new part
10.3, division 2A, andnew part 13.3, division 3•replacement of sections 115 and
156•omission of section 153.3The following uncommenced amendments
of the uniform NationalLaw in the schedule of theHeavy Vehicle National Law Act 2012have
been included in this indicative reprint—•amendments of sections 5, 18, 33, 50, 82,
83, 91, 93, 96, 102,111, 130, 132, 133, 151–153, 186–187,
190, 191, 192, 193,199, 221, 250, 251, 254, 256, 258, 260, 263,
264, 287, 288,311–313, 319, 321–324, 325, 335–337, 341,
376, 396, 398,399, 404–405, 407, 410, 412, 421, 427–428,
437, 441–442,450, 459, 468, 518, 556–569, 570, 578–579,
588, 590, 592,Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule611,634,636,637–638,701–702,710,742,andpart6.2,division 2 heading•insertion of new sections 570A, 632A, 707A,
726A and 735A,new chapter 1A, and new part 10.1A•replacement of sections 315 and 707,
part 10.4, division 3heading, and schedule 4•omission of sections 14, 194, 227 and
229, part 4.8, part 6.2,divisions 3–8, part 6.3, division 6,
part 10.4, divisions 1 and 2,and chapter
5.See 2016 Act No. 65 chapter 2, part
2.4Section 84 was substituted (2015 Act
No. 12 s 5) and remainsuncommenced.Chapter 1PreliminaryPart 1.1Introductory matters1Short
titleThis Law may be cited as the Heavy Vehicle
National Law.2CommencementThisLawcommencesinaparticipatingjurisdictionasprovided by the Act of that jurisdiction
that applies this Lawas a law of that jurisdiction.3Object of LawThe object of
this Law is to establish a national scheme forfacilitating and
regulating the use of heavy vehicles on roadsin a way
that—(a)promotes public safety; andCurrent as at [Not applicable]Page
75
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)managestheimpactofheavyvehiclesontheenvironment,roadinfrastructureandpublicamenity;and(c)promotesindustryproductivityandefficiencyintheroadtransportofgoodsandpassengersbyheavyvehicles;
and(d)encouragesandpromotesproductive,efficient,innovative and
safe business practices.4Regulatory
framework to achieve objectTheobjectofthisLawistobeachievedbyaregulatoryframework
that—(a)establishesanentity(theNationalHeavyVehicleRegulator) with
functions directed at ensuring the objectis achieved;
and(b)provides for a database of heavy
vehicles; and(c)prescribes requirements about the
following—(i)the standards heavy vehicles must meet
when onroads;(ii)the
maximum permissible mass and dimensions ofheavy vehicles
used on roads;(iii)securingandrestrainingloadsonheavyvehiclesused
on roads;(iv)preventingdriversofheavyvehiclesexceedingspeed
limits;(v)preventing drivers of heavy vehicles
from drivingwhile fatigued; and(d)imposesdutiesandobligationsdirectedatensuringheavyvehiclesanddriversofheavyvehiclescomplywith
requirements mentioned in paragraph (c)(i) to (v)on
persons whose activities may influence whether thevehicles or drivers comply with the
requirements; andPage 76Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(e)includes measures directed at the
matters mentioned insection 3(c)and(d)byallowingimprovedaccesstoroads in certain circumstances,
including by—(i)allowing heavy vehicles, that would
otherwise beprevented from being used on roads, access
to theroadsthroughexemptionsorauthorisationsgrantedincircumstancesinwhichthemattersmentionedinsection 3(a)and(b)willnotbecompromised; and(ii)providingforaccreditationschemesallowingoperatorsofheavyvehicleswhoadoptbestpracticesdirectedatthemattersmentionedinsection 3 to be subject to alternative
requirementsmore suited to the operators’ business
operations.Part 1.2Interpretation5DefinitionsIn this
Law—100km work, for the
purposes of Chapter 6, has the meaninggiven by section
289(1).100+km work, for the
purposes of Chapter 6, has the meaninggiven by section
289(2).accreditation certificatemeans—(a)foraheavyvehicleaccreditationgrantedunderthisLaw—theaccreditationcertificategivenfortheaccreditation
under section 464; or(b)for a heavy
vehicle accreditation granted under anotherlawofaparticipatingjurisdiction—thecertificateofaccreditation(howevercalled)issuedfortheaccreditation
under that law.ADRmeans a national standard under
section 7 of theMotorVehicle
Standards Act 1989of the Commonwealth.AFM
accreditationmeans—Current as at [Not
applicable]Page 77
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(a)AFM
accreditation granted under section 458; or(b)accreditationofasimilarkindunderanotherlawofaparticipating jurisdiction.AFMfatiguemanagementsystem,forthepurposesofChapters 6 and 8, has the meaning given by
section 457.AFMhours,forthepurposesofChapters6and8,hasthemeaning given by section 257.AFMstandardsandbusinessrules,forthepurposesofChapter 8, has the meaning given by section
457.agriculturalimplementmeansavehiclewithoutitsownautomotivepower,builttoperformagriculturaltasks,andincludes an agricultural
trailer.Examples—•auger•conveyor•field bin•harvester front•irrigating equipment or machineryagriculturalmachinemeansavehiclewithitsownautomotive
power, built to perform agricultural tasks.Examples—harvester, tractoragricultural
taskmeans a task carried out in
agriculture.Examples of an agricultural task—•cultivating land•growing and harvesting crops•rearing livestockagricultural
trailermeans a trailer that is designed to carry
aloadandusedexclusivelytoperformagriculturaltasks,butdoes not include a semitrailer.agriculturalvehiclemeansanagriculturalimplementoragricultural machine.Page
78Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012ScheduleApplicationAct,ofthisjurisdiction,meanstheActofthisjurisdictionbywhichthisLawappliesasalawofthisjurisdiction.appropriatelyqualified,forafunction,includeshavingthequalifications, experience or standing
appropriate to exercisethe function.Example of
standing—a person’s classification level or position
in the public service or agovernment agency of a participating
jurisdictionapproved,bytheresponsibleMinisters,forthepurposesofChapter 8, has the meaning given by section
457.approvedauditor,forthepurposesofChapter8,hasthemeaning given by
section 457.approved electronic recording systemhas
the meaning givenby section 221.approvedformmeansaformapprovedbytheRegulatorunder section 735.approvedguidelinesmeansguidelinesapprovedbytheresponsible
Ministers under section 653.approved
intelligent transport systemhas the meaning
givenby section 403.approved sleeper
berth, for the purposes of Chapter 6, has
themeaning given by section 221.approvedvehicleexaminermeansapersonapprovedasavehicle examiner
under the national regulations (as referred toin section
731).articulatedbusmeansabuswith2ormorerigidsectionsconnected to one
another in a way that allows—(a)passenger access between the sections;
and(b)rotary movement between the
sections.ASmeansanAustralianstandardmadeorpublishedbyStandards Australia.associate, of
a person, means—Current as at [Not applicable]Page
79
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(a)if
the person is an individual—(i)the
individual’s spouse or de facto partner; or(ii)arelativeoftheindividual,whetherbyblood,spousal
relationship or adoption; or(iii)an
employee of the individual; or(iv)anemployeeofacorporationofwhichtheindividual is an executive officer;
or(v)a partner of the individual; or(vi)acorporationofwhichtheindividualisanexecutive officer; or(vii) acorporationinwhichtheindividualholdsacontrolling interest; or(viii) a person who is a trustee of a trust
of which theindividual is a trustee or beneficiary;
or(ix)a person who is
a beneficiary of a trust of whichthe individual
is a trustee or beneficiary; or(x)a
person who is accustomed or under an obligation,whetherformalorinformal,toactinaccordancewiththedirections,instructionsorwishesoftheindividual; or(xi)a
person who is an associate of someone who is anassociate of the
individual; or(b)if the person is a corporation—(i)an executive officer of the
corporation; or(ii)anassociateofanexecutiveofficerofthecorporation;
or(iii)an employee of
the corporation; or(iv)apersonwhoholdsacontrollinginterestinthecorporation;
or(v)a related body corporate, within the
meaning of theCorporations Act 2001of the
Commonwealth, ofthe corporation; orPage 80Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(vi)a person who is
an associate of someone who is anassociate of the
corporation.ATM(aggregate trailer mass), of a heavy
trailer, means thetotalmaximummassofthetrailer,asstatedbythemanufacturer, together with its load
and the mass imposed onthe towing vehicle by the trailer when
the towing vehicle andtrailer are on a horizontal
surface.AustralianAccountingStandardsmeansAccountingStandardsissuedbytheAustralianAccountingStandardsBoard.Australian road
lawmeans—(a)this
Law; or(b)another law of a State or Territory
that regulates the useof vehicles on roads.authorised officermeans—(a)apoliceofficerdeclaredbyalawofaparticipatingjurisdiction to
be an authorised officer for the purposesof this Law;
or(b)apersonwhoholdsofficeunderthisLawasanauthorised officer.authorised
use, for the purposes of Part 13.4, has the
meaninggiven by section 727.authorisedwarrantofficial,foraparticipatingjurisdiction,means an entity
that is declared by a law of that jurisdiction tobe
an authorised warrant official for that jurisdiction for thepurposes of this Law.axlemeans1ormoreshaftspositionedinalineacrossavehicle, on which 1 or more wheels
intended to support thevehicle turn.axle
groupmeans a tandem axle group, twinsteer axle
group,tri-axle group or quad-axle group.base, of the driver
of a heavy vehicle—1Thebaseof
the driver of a heavy vehicle, in relation toparticular
work—Current as at [Not applicable]Page
81
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(a)is
the place from which the driver normally doesthe work;
but(b)is,forthepurposesofChapter6,thegarageaddress of the
vehicle if—(i)thevehicleisafatigue-regulatedheavyvehicle; and(ii)thedriverisrequiredunderPart6.4,inrelationtothatparticularwork,tokeepawork
diary and to record the location of thedriver’s base in
the work diary, and has notdone so.Note—The driver of a
fatigue-regulated heavy vehicle may not berequired under
Part 6.4, in relation to particular work, tokeep a work
diary and to record the location of the driver’sbase
in the work diary, if, for example—•the
driver is undertaking 100km work under standardhours•the driver is working under a work
diary exemption2Foradriverwhoisaself-employeddriverandanemployed driver
at different times, the driver may haveonebaseasaself-employed driverunderparagraph1andanotherbaseasanemployeddriverunderthatparagraph.3For
a driver who has 2 or more employers, the drivermay
have a different base in relation to each employerunder paragraph 1.B-doublemeans a combination consisting of a prime
movertowing 2 semitrailers, with the first
semitrailer being attacheddirectly to the prime mover by a fifth
wheel coupling and thesecondsemitrailerbeingmountedontherearofthefirstsemitrailer by a
fifth wheel coupling on the first semitrailer.Page 82Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyTypicalB-doubleB-triplemeansacombinationconsistingofaprimemovertowing 3 semitrailers, with—(a)the first semitrailer being attached
directly to the primemover by a fifth wheel coupling;
and(b)the second semitrailer being mounted
on the rear of thefirstsemitrailerbyafifthwheelcouplingonthefirstsemitrailer;
and(c)thethirdsemitrailerbeingmountedontherearofthesecondsemitrailerbyafifthwheelcouplingonthesecond semitrailer.TypicalB-tripleBFM
accreditationmeans—(a)BFM
accreditation granted under section 458; or(b)accreditationofasimilarkindunderanotherlawofaparticipating jurisdiction.BFMfatiguemanagementsystem,forthepurposesofChapter 8, has the meaning given by section
457.BFMhours,forthepurposesofChapters6and8,hasthemeaning given by section 253.BFMstandardsandbusinessrules,forthepurposesofChapter 8, has the meaning given by section
457.BoardmeanstheNationalHeavyVehicleRegulatorBoardestablished
under section 662.Current as at [Not applicable]Page
83
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyPage 84body of fatigue
knowledgemeans any accreditation scheme,scientific knowledge, expert opinion,
guidelines, standards orother knowledge about preventing or
managing exposure torisks to safety either on a road or in
a workplace, arising fromfatigue.busmeans a heavy motor vehicle built or fitted
to carry morethan 9 adults (including the driver).business practices, of a person,
means the person’s practicesinrunningabusinessassociatedwiththeuseofaheavyvehicle on a
road, including—(a)theoperatingpoliciesandproceduresofthebusiness;and(b)thehumanresourceandcontractmanagementarrangements of
the business; and(c)thearrangementsforpreventingorminimisingpublicrisks associated with the person’s
practices.cancel, for the
purposes of Chapter 6 in relation to an unuseddaily sheet in a
written work diary, has the meaning given bysection
221.category, of heavy
vehicles, see section 15.cause, a thing,
includes—(a)contribute to causing the thing;
and(b)encourage the thing.centre-line, of an axle,
means—(a)for an axle consisting of 1 shaft—a
line parallel to thelength of the axle and passing through
its centre; and(b)for an axle consisting of 2 shafts—a
line in the verticalplane passing through—(i)the centre of both shafts; and(ii)the centres of
the wheels on the shafts.class 1 heavy vehiclehas
the meaning given by section 116(1)and (2).class 2 heavy vehiclehas the meaning
given by section 136.Current as at [Not
applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyclass 2 heavy vehicle authorisationmeans—(a)a
class 2 heavy vehicle authorisation (notice); or(b)a class 2 heavy vehicle authorisation
(permit).class 2 heavy vehicle authorisation
(notice)has the meaninggiven by section
138(2).class 2 heavy vehicle authorisation
(permit)has the meaninggiven by section
143(2).class3heavyvehiclehasthemeaninggivenbysection 116(3).combinationmeans a group of
vehicles consisting of a motorvehicle towing 1
or more other vehicles.CommonwealthGazettemeanstheCommonwealthofAustralia Gazette.Commonwealth
Gazette noticemeans notice published in theCommonwealth Gazette.CommonwealthresponsibleMinistermeanstheCommonwealth Minister nominated by the
Commonwealth astheresponsibleMinisterfortheCommonwealthforthepurposes of this Law.compensation orderhas the meaning
given by section 611(1).complaint, for an
offence, means a complaint, charge, noticeor other process
that starts a proceeding for the offence.compliance
purposesmeans—(a)monitoring purposes; or(b)investigation purposes.complyingcontainerweightdeclarationhasthemeaninggiven by section
189.component, of a heavy
vehicle that is a combination, means—(a)otherthaninPart3.3,acomponentvehicleofthecombination;
or(b)acomponentofanycomponentvehicleofthecombination.Current as at [Not
applicable]Page 85
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyPage 86componentvehicle,ofaheavycombination,meansthetowing vehicle or another vehicle in
the combination.conditionincludes a
restriction.conductmeansanact,anomissiontoperformanact,orastate of affairs.consentincludes an approval or concurrence.consignandconsignor—Apersonconsignsgoods,andisaconsignorofgoods,forroad
transport using a heavy vehicle, if—(a)thepersonhasconsentedtobeing,andis,namedorotherwise identified as a consignor of the
goods in thetransport documentation relating to the road
transport ofthe goods; or(b)thepersonengagesanoperatorofthevehicle,eitherdirectlyorindirectlyorthroughanagentorotherintermediary, to
transport the goods by road; or(c)if
paragraphs (a) and (b) do not apply—the person haspossessionof,orcontrolover,thegoodsimmediatelybefore the goods
are transported by road.consignee, of
goods—(a)means a person who—(i)has consented to being, and is, named
or otherwiseidentified as the intended consignee of the
goods inthetransportdocumentationrelatingtotheroadtransport of the goods; or(ii)actuallyreceivesthegoodsaftercompletionoftheir road transport; but(b)doesnotincludeapersonwhomerelyunloadsthegoods.container weight
declaration—(a)means a written
declaration, whether contained in 1 ormoredocuments,statingorpurportingtostatetheweight of a freight container and its
contents; andCurrent as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012ScheduleExamples—an email, a
placard fixed to the containerNote—See
the definition document in section 12 of Schedule 1.(b)includes a copy of a declaration
mentioned in paragraph(a).contractincludes an agreement.converter
dollymeans a pig trailer with a fifth wheel
couplingdesigned to convert a semitrailer into a dog
trailer.Typicalconverterdollyconvict,apersonofanoffence,hasthemeaninggivenbysection 9(1).convicted,ofanoffence,hasthemeaninggivenbysection 9(2).convicted
person—(a)forthepurposesofDivision5ofPart10.3,hasthemeaning given by
section 599(a); or(b)forthepurposesofDivision6ofPart10.3,hasthemeaning given by
section 606(a).corporationincludes a body
politic or corporate.corresponding fatigue law,
for the purposes of Chapter 6, hasthe meaning
given by section 221.criticalriskbreach,foramaximumworkrequirementorminimumrestrequirement,hasthemeaninggivenbysection 222(4).dailysheet,forawrittenworkdiary,forthepurposesofChapter 6, has the meaning given by
section 338(2)(b).databaseofheavyvehiclesmeansthedatabaseofheavyvehicles kept
under section 686A.Current as at [Not applicable]Page
87
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Scheduledaytimemeanstheperiodofadaybetweensunriseandsunset.de facto
partner, of a person, means a person (whether of
thesamegenderoradifferentgender)whoisinadefactorelationship,withinthemeaninggivenbysection 2FoftheActs Interpretation Act 1901of
the Commonwealth, with theperson.defective heavy
vehicle, for the purposes of Division 6 of
Part9.3, has the meaning given by section
525.defective vehicle label, for the
purposes of Division 6 of Part9.3, has the
meaning given by section 525.defendant,
for a proceeding for an offence, means the personcharged with the offence (whether called the
defendant or theaccused).deficiency, for the
purposes of Division 3 of Part 10.4, has themeaning given by
section 626.dimension requirementmeans—(a)aprescribeddimensionrequirement(undersection 101); or(b)a
requirement as to a dimension limit relating to a heavyvehicle under a condition to which a mass or
dimensionauthority is subject (where the dimension
limit is morerestrictivethantherelevantprescribeddimensionrequirement); or(c)arequirementastoadimensionlimitunderaPBSvehicle
approval; or(d)arequirementastoadimensionlimitindicatedbyanofficial traffic
sign; orNote—See the
definitionsindicatedandofficial traffic sign.(e)a requirement as to a dimension limit
for a componentvehicle as prescribed by a heavy vehicle
standard.drive, a vehicle or
combination, includes—Page 88Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(a)be in control of the steering,
movement or propulsion ofthe vehicle or combination; and(b)for a trailer—drive a vehicle towing
the trailer.driver, of a vehicle
or combination—(a)meansthepersondrivingthevehicleorcombination;and(b)includes—(i)apersonaccompanyingthepersondrivingthevehicleorcombinationonajourneyorpartofajourney,whohasbeen,isorwillbesharingthetask
of driving the vehicle or combination duringthe journey or
part; and(ii)a person who is
driving the vehicle or combinationasadriverunderinstructionorunderanappropriate learner licence or learner
permit; and(iii)where the driver
is a driver under instruction, theholder of a
driver licence occupying the seat in thevehicle or
combination next to the driver.driver fatigue
compliance function, for the purposes of Part13.4, has the meaning given by section
727(1).driver fatigue provision, for the
purposes of Part 13.4, has themeaning given by
section 727(1).driver licencemeans—(a)a driver licence issued under a law of
a State or Territorythat regulates the use of vehicles on
roads; or(b)a licence, permit or other
authorisation to drive a motorvehicle issued
under a law of another country if a lawmentionedinparagraph(a)exemptstheholderofthelicence,permitorotherauthorisationfromtherequirement to hold a driver licence
under that law todrive a motor vehicle.electronicrecordingsystemhasthemeaninggivenbysection 221.Current as at [Not
applicable]Page 89
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Scheduleelectronic
recording system approvalmeans an approval ofan
electronic recording system under Division 7 of Part 6.4.electronic work diaryhas the meaning
given by section 221.electronic work diary authorised
use, for the purposes of Part13.4, has the meaning given by section
727(1).electronic work diary information,
for the purposes of Part13.4, has the meaning given by section
727(1).electronic work diary protected
information, for the purposesof Part 13.4,
has the meaning given by section 727(1).embargo
noticehas the meaning given by section
557(2).embargoedthingmeansathingthesubjectofanembargonotice.employed driver, of a heavy
vehicle, means a person who isemployed by
someone else to drive the vehicle.employeemeans an individual who is employed by
someoneelse.employermeans a person who employs someone
else.encourageincludes give an
incentive.entityincludes a
person, an unincorporated partnership andan
unincorporated body.entry, in a work
record, for the purposes of Chapter 6, has themeaning given by
section 221.equipment,inrelationtoaheavyvehicle,includestools,devices and accessories in the
vehicle.escort vehiclemeans a pilot
vehicle that is driven by a policeofficer or
another person authorised to direct traffic under anAustralian road law.examineincludesanalyse,test,account,measure,weigh,grade, gauge or identify.executive officer, of a
corporation, means—(a)a director of the corporation;
orPage 90Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(b)any person, by whatever name called
and whether or notthepersonisadirectorofthecorporation,whoisconcernedortakespartinthemanagementofthecorporation.exemptionhours,forthepurposesofChapter6,hasthemeaning given by
section 259.exercise, for a
function, includes perform.extract, of
a document, device or other thing, means a copy ofany
information contained in the document, device or otherthing.Note—See
the definition document in section 12 of Schedule 1.false or misleadingmeans false or
misleading in a materialparticular.fatiguehas
the meaning given by section 223.fatigue record
keeping exemptionmeans—(a)a
fatigue record keeping exemption (notice); or(b)a
fatigue record keeping exemption (permit).fatigue record
keeping exemption (notice)has the meaninggiven by section
378.fatigue record keeping exemption
(permit)has the meaninggiven by section
383.fatigue-regulated busmeans a heavy
motor vehicle built orfitted to carry more than 12 adults
(including the driver).Note—A
fatigue-regulated bus is a bus that weighs more than 4.5t for
thepurposes of being regulated under this
Law.fatigue-regulatedheavyvehiclehasthemeaninggivenbysection 7.fifthwheelcouplingmeansadevice(otherthananupperrotatingelementandakingpin)usedwithaprimemover,semitrailer or converter dolly to—(a)permit quick coupling and uncoupling;
andCurrent as at [Not applicable]Page
91
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyPage 92(b)provide for articulation.film, a thing,
includes—(a)photograph or videotape the thing;
and(b)record an image of the thing in
another way.fit, to drive a heavy vehicle, or to
start or stop its engine, for aperson, means
the person—(a)isapparentlyphysicallyandmentallyfittodrivethevehicle, or start or stop its engine;
and(b)isnotapparentlyaffectedbyeitherorbothofthefollowing—(i)alcohol;(ii)adrugthataffectsaperson’sabilitytodriveavehicle; and(c)isnotfoundtohaveanalcoholconcentrationintheperson’sbloodorbreathexceedingtheamountpermitted,underanAustralianroadlawofthisjurisdiction, for the driver of a heavy
vehicle; and(d)is not found to be under the influence
of a drug or tohave present in the person’s blood or saliva
a drug thatthedriverofaheavyvehicleisnotpermittedtohavepresentinthedriver’sbloodorsalivaunderanAustralian road law of this
jurisdiction.freight containermeans—(a)are-usablecontainerofthekindmentionedinAS3711.1 that is
designed for repeated use for transportinggoods; orNote—AS3711.1maybepurchasedfromStandardsAustraliaatwww.standards.org.au.(b)a re-usable container of the same or a
similar design andconstruction to a container mentioned in
paragraph (a)though of different dimensions.FundmeanstheNationalHeavyVehicleRegulatorFundestablished
under section 687.Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlygarage address, of a heavy
vehicle, means—(a)for a heavy vehicle normally kept at a
depot when not inuse—the principal depot of the vehicle;
or(b)for a heavy vehicle not normally kept
at a depot whennotinuse—theaddressoftheplaceofbusinessorresidence at which the vehicle is normally
kept when notin use.GCM(gross combinationmass),ofa motorvehicle,meansthe total
maximum loaded mass of the motor vehicle and anyvehicles it may lawfully tow at any given
time—(a)iftheregistrationauthorityhasspecifiedthetotalmaximumloadedmassofthemotorvehicleandanyvehicles it may lawfully tow at any
given time—specifiedby the registration authority;
or(b)otherwise—stated by the motor
vehicle’s manufacturer.goods—(a)includes—(i)animals (whether alive or dead); and(ii)a container
(whether empty or not); but(b)does
not include—(i)people; or(ii)fuel,water,lubricantsandreadilyremovableequipmentrequiredforthenormaluseofthevehicle or combination in which they are
carried;or(iii)personal items
used by the driver of the vehicle orcombination,orsomeoneelsenecessaryforthenormaluseofthevehicle,inwhichtheyarecarried.GVM(gross vehicle mass), of a vehicle, means
the maximumloaded mass of the vehicle—(a)iftheregistrationauthorityhasspecifiedthevehicle’smaximumloadedmass—specifiedbytheregistrationauthority;
orCurrent as at [Not applicable]Page
93
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)otherwise—stated by the vehicle’s
manufacturer.haulingunitmeansamotorvehiclethatformspartofacombination, but does not include a
prime mover.heavycombinationmeansacombinationthatisaheavyvehicle.heavy motor
vehiclemeans a motor vehicle that is a heavyvehicle.heavy
trailermeans a trailer that is a heavy
vehicle.heavy vehiclehas the meaning
given by section 6.heavy vehicle accreditationmeans—(a)AFM
accreditation; or(b)BFM accreditation; or(c)maintenance management accreditation;
or(d)mass management accreditation.heavy vehicle standardshas the meaning
given by section 59.highermasslimits,forthepurposesofChapter7,hasthemeaning given by
section 403.HMLauthority,forthepurposesofChapter7,hasthemeaning given by
section 403.home addressmeans—(a)for an individual—the individual’s
residential address inAustralia; or(b)forabodycorporatewitharegisteredofficeinAustralia—the address of the
registered office; or(c)foranotherperson—theaddressoftheperson’sprincipal or only place of business in
Australia.identification details, for the
purposes of Division 6 of Part9.3, has the
meaning given by section 525.identification
platemeans a plate authorised to be placed on
avehicle, or taken to have been placed on a
vehicle, under theMotor Vehicle Standards Act 1989of
the Commonwealth.Page 94Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyimpaired by fatiguehas the meaning
given by section 225.improvement noticehas the meaning
given by section 572(2).in, a vehicle,
includes on the vehicle.indicated, by an official
traffic sign, includes—(a)indicatedbywayofadirectiononanofficialtrafficsign; and(b)indicatedbywayofadirection,indicationorrequirementthat,underalaw,isprescribedasbeinggiven or
imposed, because of an official traffic sign.indictable
offencemeans an offence mentioned in section
26F.informationincludes—(a)information in the form of a printed
document; andNote—Seethedefinitionsprintedanddocumentinsection12ofSchedule 1.(b)information stored electronically.information notice, for a
decision, means a notice stating thefollowing—(a)the
decision;(b)the reasons for the decision;(c)the review and appeal information for
the decision.infringement noticemeans—(a)an infringement notice issued under
section 591; or(b)an infringement notice, expiation
notice, penalty noticeorsimilarnoticeundertheInfringementNoticeOffences Law.InfringementNoticeOffencesLaw,foraparticipatingjurisdiction,
means the law that is declared by a law of thatjurisdiction to
be the Infringement Notice Offences Law forthe purposes of
this Law.inspect, a thing,
includes—(a)open the thing and examine its
contents; andCurrent as at [Not applicable]Page
95
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)test
the thing or its contents or both.intelligent
access mapmeans the spatial data set in
electronicform,issuedbyTCAfromtimetotime,thatdefinesthenational public road system.intelligentaccessprogramagreement,forthepurposesofChapter 7, has the meaning given by section
403.intelligent access program audit,
for the purposes of Chapter7, has the
meaning given by section 403.intelligent
access program auditormeans a person engagedby
TCA for auditing activities conducted by intelligent accessprogram service providers.intelligent access program conditionshas
the meaning givenby section 402.intelligent
access program information, for the purposes ofChapter 7, has the meaning given by section
403.intelligent access program reporting
entity, for the purposesof Chapter 6,
has the meaning given by section 221.intelligent
access program service providerhas the
meaninggiven by section 403.intelligentaccessprogramvehicle,forthepurposesofChapter 7, has the meaning given by section
403.intelligent transport systemmeans a system involving the useof
electronic or other technology, whether located in a heavyvehicleoronorneararoadorelsewhere,thatisabletomonitor, generate, record, store, display,
analyse, transmit orreport information about—(a)any or all of the following—(i)a heavy vehicle, its equipment or
load;(ii)the driver of a
heavy vehicle;(iii)an operator of a
heavy vehicle;(iv)anyoneelseinvolvedinroadtransportusingaheavy vehicle; andPage 96Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(b)withoutlimitingparagraph(a),thecomplianceornoncompliancewiththisLawoftheuseofaheavyvehicle on a road.investigation
purposesmeans investigating a contravention
orsuspected contravention of this Law.journey documentation—(a)means a document, other than transport
documentation,in any form—(i)directly or indirectly associated
with—(A)a transaction for the actual or
proposed roadtransportofgoodsorpassengersusingaheavy vehicle, or for a previous
transport ofthegoodsorpassengersbyanytransportmethod;
or(B)goodsorpassengers,totheextentthedocument is relevant to a transaction for
theiractual or proposed road transport;
and(ii)whetherrelatingtoaparticularjourneyortojourneys
generally; and(b)includes, for example, any or all of
the following—(i)a document kept, used or obtained by a
responsibleperson for a heavy vehicle in connection
with thetransport of goods or passengers;(ii)a workshop,
maintenance or repair record relatingto a heavy
vehicle used, or claimed to be used, fortransporting
goods or passengers;(iii)a
subcontractor’s payment advice relating to goodsor
passengers or their transport;(iv)recordskept,usedor obtained by
the driver of aheavyvehicleused,orclaimedtobeused,fortransporting goods or passengers;Examples—•driver’s run sheet•work
diary entryCurrent as at [Not applicable]Page
97
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule•fuel
docket or receipt•food receipt•tollway receipt•pay
record•mobile or other telephone
record(v)informationreportedthroughtheuseofanintelligent transport system;(vi)a driver manual
or instruction sheet;(vii) anadviceresultingfromcheckweighingofaheavyvehicle’smassorloadperformedbefore,during or after
a journey.Note—See the
definition document in section 12 of Schedule 1.law
enforcement agencymeans an agency that has functionsoractivitiesdirectedattheprevention,detection,investigation,
prosecution or punishment of offences and othercontraventions
of a law for which penalties or sanctions maybe
imposed.law enforcement purposes, for the
purposes of Chapter 7, hasthe meaning given by section
403.load, of a heavy
vehicle or in a heavy vehicle, means—(a)all
the goods, passengers, drivers and other persons inthe
vehicle; and(b)allfuel,water,lubricantsandreadilyremovableequipmentcarriedinthevehicleandrequiredforitsnormal use; and(c)personal items used by the vehicle’s driver
or someoneelse necessary for the normal use of the
vehicle; and(d)anythingthatisnormallyremovedfromthevehiclewhen not in
use.load, when used as a
verb, andloader—A
personloadsgoods in a heavy
vehicle, and is aloaderofgoods in a heavy vehicle, if the person is a
person who—Page 98Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(a)loads the vehicle, or any container
that is in or part ofthe vehicle, with the goods for road
transport; or(b)loads the vehicle with a freight
container, whether or notit contains goods, for road
transport.loaded mass, of a vehicle,
means the vehicle’s mass togetherwith the mass of
the vehicle’s load that is transmitted to theground.loading manager, for goods in a
heavy vehicle, means—(a)apersonwhomanages,orisresponsiblefortheoperation of, regular loading or
unloading premises forheavy vehicles where the goods
are—(i)loaded onto the heavy vehicle;
or(ii)unloaded from
the heavy vehicle; or(b)a person who has
been assigned by a person mentionedinparagraph(a)asresponsibleforsupervising,managing or
controlling, directly or indirectly, activitiescarried out by a
loader or unloader of goods at regularloading or
unloading premises for heavy vehicles.loading
requirementshas the meaning given by section 110.localgovernmentauthority,foraparticipatingjurisdiction,means an entity
that is declared by a law of that jurisdiction tobe a
local government authority for that jurisdiction for thepurposes of this Law.maintenance
management accreditationmeans—(a)maintenancemanagementaccreditationgrantedundersection 458;
or(b)accreditationofasimilarkindunderanotherlawofaparticipating jurisdiction.maintenance management standards and
business rules, forthepurposesofChapter8,hasthemeaninggivenbysection 457.maintenancemanagementsystem,forthepurposesofChapter 8, has the meaning given by section
457.Current as at [Not applicable]Page
99
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyPage 100majordefectnoticehasthemeaninggivenbysection 526(2)(a).majorrestbreak,forthepurposesofChapter6,hasthemeaning given by
section 221.malfunction—(a)for the purposes of Chapter 6, has the
meaning given bysection 221; and(b)for
the purposes of Chapter 7, has the meaning given bysection 403.management
member, of an unincorporated body, means—(a)if the body has a management
committee—each memberof the management committee; or(b)otherwise—eachmemberwhoisconcernedwith,ortakes part in, the body’s management,
whatever name isgiven to the member’s position in the
body.mass,dimensionorloadingrequirementmeansamassrequirement,
dimension requirement or loading requirement.mass management
accreditationmeans—(a)massmanagementaccreditationgrantedundersection458;
or(b)accreditationofasimilarkindunderanotherlawofaparticipating jurisdiction.massmanagementstandardsandbusinessrules,forthepurposes of Chapter 8, has the meaning given
by section 457.mass management system, for the
purposes of Chapter 8, hasthe meaning given by section
457.mass or dimension authoritymeans—(a)a
mass or dimension exemption; or(b)a
class 2 heavy vehicle authorisation.mass or
dimension exemptionmeans—(a)a
mass or dimension exemption (notice); or(b)a
mass or dimension exemption (permit).Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlymass
or dimension exemption (notice)has the meaning
givenby section 117(2).mass or
dimension exemption (permit)has the meaning
givenby section 122(3).mass
requirementmeans—(a)a
prescribed mass requirement (under section 95); or(b)arequirementastoamasslimitrelatingtoaheavyvehicle under a condition to which a mass or
dimensionauthority is subject (where the mass limit
is lower thanthe relevant prescribed mass requirement);
or(c)arequirementastoamasslimitunderaPBSvehicleapproval; or(d)a
requirement as to a mass limit indicated by an officialtraffic sign; orNote—See
the definitionsindicatedandofficial traffic sign.(e)arequirementastoamasslimitundertheGVMorGCM
for a heavy vehicle; or(f)a requirement as
to a mass limit for a component vehicleasstatedbythemanufacturerorasprescribedbyaheavy vehicle standard.maximum work requirementmeans a
requirement of Chapter6relatingtoamaximumworktimeforthedriverofafatigue-regulated heavy vehicle.maximum work timemeans the
maximum time the driver of afatigue-regulated heavy vehicle may drive a
fatigue-regulatedheavy vehicle, or otherwise work, without
taking a rest.minimum rest requirementmeans a
requirement of Chapter 6relatingtotheminimumresttimeforthedriverofafatigue-regulated heavy
vehicle.minimum rest timemeans the
minimum time the driver of afatigue-regulated heavy vehicle must rest in
order to break upthe period of time the driver drives a
fatigue-regulated heavyvehicle or otherwise works.Current as at [Not applicable]Page
101
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyPage 102minordefectnoticehasthemeaninggivenbysection 526(2)(b).minor risk
breach—(a)foramassrequirement—hasthemeaninggivenbysection 98; or(b)for
a dimension requirement—has the meaning given bysection 105; or(c)foraloadingrequirement—hasthemeaninggivenbysection 112; or(d)foramaximumworkrequirementorminimumrestrequirement—has the meaning given by section
222(1).modification, for the
purposes of Part 3.3, has the meaninggiven by section
84.monitoring purposesmeans finding
out whether this Law isbeing complied with.motor vehiclemeans a vehicle
built to be propelled by a motorthat forms part
of the vehicle.nationalregulationsmeanstheregulationsmadeundersection
730.NationalTransportCommissionmeanstheNationalTransport
Commission established by theNational
TransportCommission Act 2003of the
Commonwealth.nightmeans the period
between sunset on a day and sunriseon the next
day.night rest breakmeans—(a)7 continuous hours stationary rest
time between 10p.m.on a day and 8a.m. on the next day;
orNote—Under sections
248 and 303, the time must be based on the timezone of the
driver's base for drivers on a journey in a differenttime
zone to the driver's base.(b)24 continuous
hours stationary rest time.nightworktime,forthepurposesofChapter6,hasthemeaning given by
section 221.Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedulenoncompliance report, for the
purposes of Chapter 7, has themeaning given by
section 403.non-participating jurisdiction,
for the purposes of Chapter 6,has the meaning
given by section 221.notice—(a)means written notice; and(b)forthepurposesofDivision5BofPart9.4,hasthemeaning given by
section 576D.occupier, of a place,
includes the following—(a)if there is more
than 1 person who apparently occupiesthe place—any 1
of the persons;(b)any person at the place who is
apparently acting with theauthority of a person who apparently
occupies the place;(c)ifno-oneapparentlyoccupiestheplace—anypersonwho
is an owner of the place.officialmeansanyofthefollowingpersonsexercisingafunction under this Law—(a)the
Regulator;(b)a road authority;(c)an
authorised officer.official traffic signmeans a sign or
device erected or placed,under a law, by a public authority
(including, for example, apolice force or police service) to
regulate traffic.operateandoperator—Apersonoperatesavehicleorcombination,andisanoperatorofthevehicleorcombination,ifthepersonisresponsible for controlling or directing the
use of—(a)for a vehicle (including a vehicle in
a combination)—thevehicle; or(b)foracombination—thetowingvehicleinthecombination.Current as at [Not
applicable]Page 103
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyPage 104oversize
vehiclemeans a heavy vehicle that does not
complywith a dimension requirement applying to
it.owner—(a)of a vehicle means—(i)each person who is an owner, joint
owner or partowner of the vehicle; or(ii)a
person who has the use or control of the vehicleunderacreditagreement,hiringagreement,hire-purchaseagreementorleasingarrangement;or(b)of a combination means—(i)each person who is an owner, joint
owner or partowner of the towing vehicle in the
combination; or(ii)a person who has
the use or control of the towingvehicleinthecombinationunderacreditagreement,hiringagreement,hire-purchaseagreement or
leasing arrangement; or(c)of a sample
means an owner of the sample or the thingfrom which it
was taken.packandpacker—Apersonpacksgoods,andisapackerofgoods,iftheperson—(a)puts
the goods in packaging, even if that packaging isalready on a vehicle; orExample for the
purposes of paragraph (a)—A person who uses a hose to fill the
tank of a tank vehicle withpetrol packs the
petrol for transport.(b)assemblesthegoodsaspackagedgoodsinanouterpackaging,evenifthatpackagingisalreadyonavehicle; or(c)supervises an activity mentioned in
paragraph (a) or (b);or(d)manages or controls an activity mentioned in
paragraph(a), (b) or (c).Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedulepackaging, in relation to
goods, means anything that contains,holds,protectsorenclosesthegoods,whetherdirectlyorindirectly, to enable them to be received or
held for transport,or to be transported.Note—It
may be that a container constitutes the whole of the packaging
ofgoods, as in the case of a drum in which
goods are directly placed.participating jurisdiction—(a)forthepurposesofthisLawotherthanChapter6—means a State or Territory in which—(i)this Law applies as a law of the State
or Territory;or(ii)alawthatsubstantiallycorrespondstotheprovisions of this Law has been
enacted; or(iii)a law prescribed
by the national regulations for thepurposes of this
subparagraph has been enacted; or(b)for
the purposes of Chapter 6—has the meaning givenby section
221.partyinthechainofresponsibility,foraheavyvehicle,means each of
the following persons—(a)ifthevehicle’sdriverisanemployeddriver—anemployer of the
driver;(b)if the vehicle’s driver is a
self-employed driver—a primecontractor for
the driver;(c)an operator of the vehicle;(d)a scheduler for the vehicle;(e)a consignor of any goods in the
vehicle;(f)a consignee of any goods in the
vehicle;(g)a packer of any goods in the
vehicle;(h)a loading manager for any goods in the
vehicle;(i)a loader of any goods in the
vehicle;(j)an unloader of any goods in the
vehicle.Current as at [Not applicable]Page
105
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyPage 106passenger,ofavehicle,meansanypersoncarriedinthevehicleotherthanthevehicle’sdriverorsomeoneelsenecessary for the normal use of the
vehicle.PBS design approvalmeans a current
approval given undersection 22 for the design of a type of
heavy vehicle that, ifbuilt to the design, is eligible for
PBS vehicle approval.Note—‘PBS’ stands for
performance based standards.PBS Review
Panelmeans an advisory body appointed by
theRegulatortoprovideexpertadviceintheassessmentofapplicationsforPBSdesignapprovalsorPBSvehicleapprovals and of their impacts.Note—ThemembershipofthePBSReviewPanelconsistsofonerepresentative
of each State and Territory, an independent Chairpersonand
an independent Deputy Chairperson. The Commonwealth may, if
itdecides to do so, nominate a representative
of the Commonwealth. Theprocedure of the Panel is as
determined by the Regulator.PBSvehiclemeansaheavy vehiclethatisthesubjectofacurrent PBS
vehicle approval under Part 1.4.PBS vehicle
approvalmeans a current approval issued for aheavy vehicle by the Regulator under section
23.personal information—(a)generally,meansinformationoranopinion,includinginformationoranopinionformingpartofadatabase,whether true or
not, and whether recorded in a materialformornot,aboutanindividualwhoseidentityisapparent,orcanreasonablybefoundout,fromtheinformation or opinion; and(b)for the purposes of Chapter 7, has the
meaning given bysection 403.pig
trailermeans a trailer—(a)with
1 axle group or a single axle near the middle of itsload
carrying surface; and(b)connected to the
towing vehicle by a drawbar.Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedulepilotvehiclemeansamotorvehiclethataccompaniesanoversizevehicletowarnotherroadusersoftheoversizevehicle’s presence.placeofbusiness,forthepurposesofPart9.2,hasthemeaning given by
section 494.pole-type trailermeans a trailer
that—(a)isattachedtoatowingvehiclebyapoleoranattachment fitted to a pole;
and(b)isordinarilyusedfortransportingloads,suchaslogs,pipes,
structural members, or other long objects, that cangenerallysupportthemselveslikebeamsbetweensupports.Pole-typetrailerpolicecommissionermeanstheheadofthepoliceforceorpolice service (however called) of a
participating jurisdiction.premises—(a)means a building
or other structure, a vessel, or anotherplace (whether
built on or not)—(i)from which a business is carried out;
or(ii)atorfromwhichgoodsareloadedontoorunloaded from vehicles; and(b)includes a part of a building,
structure, vessel or placementioned in paragraph (a).prescribeddimensionrequirementmeansarequirementprescribed by
the national regulations under section 101.prescribedfeemeansafeeprescribedbythenationalregulations
under section 740(1).prescribed mass requirementmeans a requirement prescribedby
the national regulations under section 95.Current as at [Not
applicable]Page 107
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyPage 108previous
corresponding law—1Aprevious corresponding lawis a
law of a participatingjurisdictionthat,beforetheparticipationdayforthejurisdiction,
provided for the same, or substantially thesame, matters as
the provisions of this Law.2ApreviouscorrespondinglawforaprovisionofthisLawisaprovisionofapreviouscorrespondinglawwithin the meaning of paragraph 1 that
corresponds, orsubstantially corresponds, to the provision
of this Law.3For the purposes of paragraph 1, it is
irrelevant whetherthe law of the participating
jurisdiction—(a)is in 1 instrument or 2 or more
instruments; or(b)is part of an instrument; or(c)is part of an instrument and the whole
or part of 1or more other instruments.prime contractor, of the driver
of a heavy vehicle, means apersonwhoengagesthedriver todrivethevehicleunderacontract for services.Example—a logistics
business that engages a subcontractor to transport goods.prime movermeans a heavy
motor vehicle designed to tow asemitrailer.prohibition
noticehas the meaning given by section
576A(3).prohibition orderhas the meaning
given by section 607(1).promiseesee section
590A.protected information, for the
purposes of Part 13.4, has themeaning given by
section 727.public authoritymeans—(a)aStateorTerritoryortheCommonwealth,inanycapacity; or(b)a
body established under a law, or the holder of an officeestablished under a law, for a public
purpose, includinga local government authority.Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedulepublic noticemeans a
notice—(a)in the Commonwealth Gazette;
and(b)on the Regulator’s website; and(c)iftheRegulatorconsidersitappropriate—inanotherway,
including, for example, in a national newspaper.public placemeans a place or
part of a place—(a)that the public is entitled to use, is
open to members ofthe public or is used by the public, whether
or not onpayment of money; or(b)the
occupier of which allows members of the public toenter, whether or not on payment of
money.public riskmeans—(a)a safety risk; or(b)a
risk of damage to road infrastructure.publicsafetymeansthesafetyofpersonsorproperty,including the
safety of—(a)thedriversof,andpassengersandotherpersonsin,vehicles and combinations; and(b)persons or property in or in the
vicinity of, or likely tobe in or in the vicinity of, road
infrastructure and publicplaces; and(c)vehicles and combinations and any loads in
them.publicsafetyground,forareviewabledecision,hasthemeaning given by
section 640.quad-axlegroupmeansagroupof4axles,inwhichthehorizontal distance between the centre-lines
of the outermostaxles is more than 3.2m but not more than
4.9m.qualified,todriveaheavyvehicle,ortostartorstopitsengine, for a person, means the
person—(a)holds a driver licence of the
appropriate class to drivethe vehicle that is not suspended;
andCurrent as at [Not applicable]Page
109
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)is
not prevented under a law, including, for example, bytheconditionsofthedriverlicence,fromdrivingthevehicle at the relevant time.QueenslandMinistermeanstheresponsibleMinisterforQueensland.reasonablybelievesmeansbelievesongroundsthatarereasonable in the
circumstances.reasonablypracticable,inrelationtoaduty,meansthatwhich is, or was
at a particular time, reasonably able to bedone in relation
to the duty, weighing up all relevant matters,including—(a)thelikelihoodofasafetyrisk,ordamagetoroadinfrastructure,
happening; and(b)the harm that could result from the
risk or damage; and(c)whatthepersonknows,oroughtreasonablytoknow,about the risk
or damage; and(d)whatthepersonknows,oroughtreasonablytoknow,about the ways
of—(i)removing or minimising the risk;
or(ii)preventing or
minimising the damage; and(e)the availability
and suitability of those ways; and(f)thecostassociatedwiththeavailableways,includingwhetherthecostisgrosslydisproportionatetothelikelihood of the risk or
damage.reasonablysatisfiedmeanssatisfiedongroundsthatarereasonable in the
circumstances.reasonablysuspectsmeanssuspectsongroundsthatarereasonable in the
circumstances.record keeperhas the meaning
given by section 317.recordlocation,ofthedriverofafatigue-regulatedheavyvehicle, for the purposes of Chapter 6, has
the meaning givenby section 290.Page 110Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyregistered industry code of practicemeans an industry codeof practice
registered under section 706.registeredinterestmeansaninterestregisteredunderthePersonal Property Securities Act
2009of the Commonwealthby a secured
party for which the thing or sample is collateral.registeredoperator,ofaheavyvehicle,meansthepersonrecorded on a
vehicle register as the person responsible forthevehicle,howevernamed,keptunderanotherAustralianroad law.registration,ofaheavyvehicle,meansregistrationofthevehicle under an Australian road
law.registrationauthority,foraheavyvehicle,meanstheauthority responsible for the registration
of the vehicle underan Australian road law.registration itemmeans a
document, number plate, label orotherthingrelatingtotheregistrationorpurportedregistration of
a heavy vehicle.Note—See the
definition document in section 12 of Schedule 1.registrationnumber,foraheavyvehicle,meanstheidentifying registration number, however
described, given tothe vehicle under an Australian road
law.regular loading or unloading premises—1Regularloadingorunloadingpremises,forheavyvehicles, means premises at or from which an
average ofat least 5 heavy vehicles are loaded or
unloaded on eachday the premises are operated for loading or
unloadingheavy vehicles.2For
the purposes of paragraph 1, an average of at least 5heavyvehiclesareloadedorunloadedatorfrompremisesoneachdaythepremisesareoperatedforloading or unloading heavy vehicles
if—(a)forpremisesoperatedforloadingorunloadingheavy vehicles
for 12 months or more—during theprevious 12
months, an average of at least 5 heavyCurrent as at [Not
applicable]Page 111
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedulevehicleswereloadedorunloadedatorfromthepremises on each day the premises were
operatedfor loading or unloading heavy vehicles;
or(b)forpremisesoperatedforloadingorunloadingheavy vehicles
for less than 12 months—during theperiodthepremiseshavebeeninoperationforloading or unloading heavy vehicles, an
average ofat least 5 heavy vehicles were loaded or
unloadedat or from the premises on each day the
premiseswereoperatedforloadingorunloadingheavyvehicles.3Intheapplicationofthisdefinitiontothedefinitionloading
managerwhere used in Chapter 6, references
inparagraphs 1 and 2 to ‘an average of at
least 5 heavyvehicles’ are to be read as references to an
average of atleast 5 fatigue-regulated heavy
vehicles.Note—Consequently,Chapter6appliestoapersonasaloadingmanager only if
the premises concerned are premises at or fromwhich an average
of at least 5 fatigue-regulated heavy vehiclesare loaded or
unloaded on each day the premises are operatedfor loading or
unloading heavy vehicles.RegulatormeanstheNationalHeavyVehicleRegulatorestablished under section 656.Regulator’s websitemeans the
website of the Regulator on theinternet.relevant appeal body, for the
purposes of Chapter 11, has themeaning given by
section 640.relevant contravention, for the
purposes of Chapter 7, has themeaning given by
section 403.relevant emission, for a heavy
vehicle, means noise emission,gaseousemissionorparticleemissionemanatingfromthevehicle.relevant garage
address, of a heavy vehicle, means—(a)the heavy vehicle’s garage address;
orPage 112Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(b)iftheheavyvehicleisacombination—thegarageaddress of the towing vehicle in the
combination.relevant jurisdiction, for the
purposes of Chapter 11, has themeaning given by
section 640.relevant management system,
for the purposes of Chapter 8,has the meaning
given by section 457.relevant monitoring matters,
for the purposes of Chapter 7,has the meaning
given by section 403.relevant place, for the
purposes of Part 9.2, has the meaninggiven by section
494.relevant police commissioner, in
relation to a police officer,means the police
commissioner for the police force or policeservice(howevercalled)ofwhichthepoliceofficerisamember.relevantroadmanager,foramassordimensionauthority,means a road
manager for a road in the area, or on the route, towhich the authority applies.relevantstandardsandbusinessrules,forthepurposesofChapter 8, has the meaning given by section
457.relevanttribunalorcourt,foraparticipatingjurisdiction,meansatribunalorcourtthatisdeclaredbyalawofthatjurisdictiontobetherelevanttribunalorcourtforthatjurisdiction for
the purposes of this Law.residence, for the
purposes of Part 9.2, has the meaning givenby section
494(1).responsible entity, for a freight
container, means—(a)thepersonwho,inAustralia,consignedthecontainerfor road
transport using a heavy vehicle; or(b)if
there is no person as described in paragraph (a)—theperson who, in Australia, for a consignor,
arranged forthe container’s road transport using a heavy
vehicle; or(c)ifthereisnopersonasdescribedinparagraph(a)or(b)—the person who, in Australia,
physically offered thecontainer for road transport using a
heavy vehicle.Current as at [Not applicable]Page
113
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyPage 114responsibleMinister,foraparticipatingjurisdiction,meanstheMinisterofthatjurisdictionnominatedbyitasitsresponsible Minister for the purposes
of this Law.responsible Ministersmeans a group of
Ministers consistingof—(a)theresponsibleMinisterforeachparticipatingjurisdiction;
and(b)the Commonwealth responsible
Minister.Note—See also section
655(3).responsibleperson,foraheavyvehicle,meansapersonhaving, at a
relevant time, a role or responsibility associatedwith
road transport using the vehicle, and includes any of thefollowing—(a)anownerofthevehicleor,ifitisacombination,anownerofaheavyvehicleformingpartofthecombination;(b)the
vehicle’s driver;(c)an operator or registered operator of
the vehicle or, if itis a combination, an operator or
registered operator of aheavy vehicle forming part of the
combination;(d)a person in charge or apparently in
charge of—(i)the vehicle; or(ii)thevehicle’sgarageaddressor,ifitisacombination, the garage address of a
heavy vehicleforming part of the combination; or(iii)a base of the
vehicle’s driver;(e)a person appointed under a heavy
vehicle accreditationtohavemonitoringorotherresponsibilitiesundertheaccreditation,including,forexample,responsibilitiesfor certifying,
monitoring or approving the use of heavyvehicles under
the accreditation;(f)apersonwhoprovidestoanownerorregisteredoperatorofthevehicleor,ifitisacombination,anCurrent as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Scheduleowner or registered operator of a heavy
vehicle formingpart of the combination, an intelligent
transport systemfor the vehicle;(g)a
person in charge of a place entered by an authorisedofficer under this Law for the purpose of
exercising apower under this Law;(h)a
consignor of goods for road transport;(i)apackerofgoodsinafreightcontainerorothercontainerorinapackageoronapalletforroadtransport;(j)apersonwholoadsgoodsoracontainerforroadtransport;(k)a
person who unloads goods or a container containinggoods consigned for road transport;(l)apersontowhomgoodsareconsignedforroadtransport;(m)a
person who receives goods packed outside Australia ina
freight container or other container or on a pallet forroad
transport in Australia;(n)anowneroroperatorofaweighbridgeorweighingfacility used to
weigh the vehicle, or an occupier of theplacewheretheweighbridgeorweighingfacilityislocated;(o)aresponsibleentityforafreightcontaineronthevehicle;(p)a
loading manager for goods in heavy vehicles for roadtransportoranotherpersonwhocontrolsordirectlyinfluences the
loading of goods for road transport;(q)a
scheduler for the vehicle;(r)anemployer,employee,agentorsubcontractorofaperson mentioned in any of paragraphs
(a) to (q).rest, in relation to
a fatigue-regulated heavy vehicle, has themeaning given by
section 221.Current as at [Not applicable]Page
115
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyPage 116resttime,forthepurposesofChapter6,hasthemeaninggiven by section 221.review and
appeal information—(a)for a decision
made by the Regulator or an authorisedofficer who is
not a police officer, means the followinginformation—(i)that,undersection 641,adissatisfiedpersonforthedecisionmayaskforthedecisiontobereviewed by the Regulator;(ii)that, under
section 642, the person may apply forthe decision to
be stayed by a relevant tribunal orcourtunlessthedecisionwasmadebytheRegulator on the basis of a public
safety ground;(iii)that, in
relation to the Regulator’s decision on thereview, the
person may—(A)undersection
647,appealagainstthedecision to a relevant tribunal or
court; and(B)under section 648, apply for the
decision tobestayedbyarelevanttribunalorcourtunless the
reviewable decision to which thereviewdecisionrelateswasmadebytheRegulatoronthebasisofapublicsafetyground; and(b)for
a decision made by a road manager (for a road) thatis a
public authority, means the following information—(i)that,undersection 641,adissatisfiedpersonforthe decision may apply to the
Regulator to have thedecision reviewed;(ii)that,undersection 643,theRegulatormustreferthe application
to the road manager for review;(iii)that
the decision of the road manager on the reviewis not subject
to further review or appeal under thisLaw; and(c)for a decision made by an authorised
officer who is apolice officer, or a road manager (for a
road) that is not aCurrent as at [Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlypublic authority, means that the decision is
not subject toreview or appeal under this Law.reviewapplication,forthepurposesofChapter11,hasthemeaning given by
section 640.reviewdecision,forthepurposesofChapter11,hasthemeaning given by
section 640.reviewable decisionhas the meaning
given by section 640.reviewer,forthepurposesofChapter11,hasthemeaninggiven by section 640.rigid,
other than in the definitionarticulated
bus, means notarticulated.risk
category—(a)foracontraventionofamass,dimensionorloadingrequirement,
means 1 of the following categories—(i)minor risk breach;(ii)substantial risk breach;(iii)severe risk breach; or(b)for
a contravention of a maximum work requirement orminimumrestrequirement,means1ofthefollowingcategories—(i)minor risk breach;(ii)substantial risk breach;(iii)severe risk breach;(iv)critical risk breach.roadhas
the meaning given by section 8.Note—See
also section 13.roadauthority,foraparticipatingjurisdiction,meansanentity that is declared by a law of
that jurisdiction to be theroadauthorityforthatjurisdictionforthepurposesofthisLaw.road
conditionhas the meaning given by section 154.Current as at [Not applicable]Page
117
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Scheduleroad
infrastructureincludes—(a)a
road, including its surface or pavement; and(b)anythingunderorsupportingaroadoritssurfaceorpavement; and(c)any
bridge, tunnel, causeway, road-ferry, ford or otherworkorstructureformingpartofaroadsystemorsupporting a road; and(d)any bridge or other work or structure
located above, inor on a road; and(e)anytrafficcontroldevices,railwayequipment,electricity
equipment, emergency telephone systems orany other
facilities (whether of the same or a differentkind)in,on,over,underorconnectedwithanythingmentioned in
paragraphs (a) to (d).roadmanager,foraroadinaparticipatingjurisdiction,means an entity
that is declared by a law of that jurisdiction tobe
the road manager for the road for the purposes of this Law.road-related areahas the meaning
given by section 8.RoadRules,foraparticipatingjurisdiction,meansthelawthat is declared
by a law of that jurisdiction to be the RoadRules for the
purposes of this Law.road trainmeans—(a)a B-triple; or(b)acombination,otherthanaB-double,consistingofamotor vehicle towing at least 2
trailers, excluding anyconverter dolly supporting a
semitrailer.Typicaltripleroadtrainroad
transportmeans transport by road.routeassessment,forthepurposesofPart4.7,hasthemeaning given by
section 154.Page 118Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedulesafety dutymeans a duty
imposed under any of the followingprovisions—(a)section 26C;(b)section 26E(1) or (2);(c)section 89(1);(d)section 93(1), (2) or (3);(e)section 129(1), (2) or (3);(f)section 137;(g)section 150(1);(h)section 153A(1);(i)section 186(2), (3), (4) or (5);(j)section 187(2) or (3);(k)section 335(1);(l)section 336(1);(m)section 337(2);(n)section 454(1) or (2);(o)section 467;(p)section 470(2), (3) or (4);(q)section 604;(r)section 610.safety
riskmeans a risk—(a)to
public safety; or(b)of harm to the environment.schedule, for the driver
of a heavy vehicle, means—(a)the schedule for
the transport of any goods or passengersby the vehicle;
or(b)the schedule of the driver’s work
times and rest times.scheduler, for a heavy
vehicle, means a person who—Current as at [Not
applicable]Page 119
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(a)schedules the transport of any goods or
passengers bythe vehicle; or(b)schedules the work times and rest times of
the vehicle’sdriver.self-employed
driver, of a heavy vehicle, means a driver of
thevehicle who is not an employed driver of the
vehicle.semitrailermeans a trailer
that has—(a)1 axle group or a single axle towards
the rear; and(b)a means of attachment to a prime mover
that results insome of the mass of the trailer’s load being
imposed onthe prime mover.severe risk
breach—(a)foramassrequirement—hasthemeaninggivenbysection 100; or(b)for
a dimension requirement—has the meaning given bysection 107; or(c)foraloadingrequirement—hasthemeaninggivenbysection 114; or(d)foramaximumworkrequirementorminimumrestrequirement—has the meaning given by section
222(3).severe risk breach lower limit—(a)forthepurposesofDivision2ofPart4.2,hasthemeaning given by
section 97; or(b)forthepurposesofDivision2ofPart4.3,hasthemeaning given by
section 104.signoffatigue,forthepurposesofChapter6,hasthemeaning given by
section 221.single axlemeans—(a)1 axle; or(b)2axleswithcentresbetweentransverse,parallel,vertical planes spaced less than 1.0m
apart.Page 120Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlysolo
driver, for the purposes of Chapter 6, has the
meaninggiven by section 221.speed
limitmeans—(a)a
speed limit applying under this Law, the Road Rules oranother law; and(b)when
used in the context of a speed limit applying to thedriver of a heavy vehicle—a speed limit
applying to thedriver or the vehicle (or both) under this
Law, the RoadRules or another law (whether it applies
specifically tothe particular driver or the particular
vehicle or it appliestoalldriversorvehiclesortoaclassofdriversorvehicles to which the driver or vehicle
belongs).Note—A reference to a
speed limit applying under this Law, the Road Rules oranother law covers both—•a
speed limit specified in this Law, the Road Rules or other
law•a speed limit specified in an
instrument, or in some other manner,under this Law,
the Road Rules or other law (for example, a speedlimit specified in a permit or a
Commonwealth Gazette notice)standardhours,forthepurposesofChapter6,hasthemeaning given by
section 249.Standards Australiameans Standards
Australia Limited CAN087326690,andincludesareferencetotheStandardsAssociation of
Australia as constituted before 1 July 1999.stationary rest
timehas the meaning given by section 221.substantial risk breach—(a)foramassrequirement—hasthemeaninggivenbysection 99; or(b)for
a dimension requirement—has the meaning given bysection 106; or(c)foraloadingrequirement—hasthemeaninggivenbysection 113; or(d)foramaximumworkrequirementorminimumrestrequirement—has the meaning given by section
222(2).substantial risk breach lower limit—Current as at [Not applicable]Page
121
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyPage 122(a)forthepurposesofDivision2ofPart4.2,hasthemeaning given by
section 97; or(b)forthepurposesofDivision2ofPart4.3,hasthemeaning given by
section 104.suitablerestplace,forfatigue-regulatedheavyvehicles,means—(a)a rest area designated for use, and
able to be used, byfatigue-regulated heavy vehicles; or(b)a place at which a fatigue-regulated
heavy vehicle maybe safely and lawfully parked.supervisoryinterventionorderhasthemeaninggivenbysection 600(1).supplementary
record, for the purposes of Chapter 6, has
themeaning given by section 221.tamper—(a)withanemissioncontrolsystem,forthepurposesofsection 91, has the meaning given by that
section; or(b)with a plate or label, for the
purposes of section 87A,has the meaning given by that section;
or(c)with a speed limiter, for the purposes
of section 93, hasthe meaning given by that section; or(d)withanapprovedelectronicrecordingsystem,forthepurposesofChapter6,hasthemeaninggivenbysection 334; or(e)withanapprovedintelligenttransportsystem,forthepurposesofChapter7,hasthemeaninggivenbysection 403.tandem axle
groupmeans a group of at least 2 axles, in
whichthehorizontaldistancebetweenthecentre-linesoftheoutermost axles is at least 1m but not
more than 2m.TCAmeansTransportCertificationAustraliaLimitedACN113
379 936.TerritorymeanstheAustralianCapitalTerritoryortheNorthern Territory.Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlythe
Statemeans the Crown in right of this
jurisdiction, andincludes—(a)the
Government of this jurisdiction; and(b)a
Minister of the Crown in right of this jurisdiction; and(c)a statutory corporation, or other
entity, representing theCrown in right of this
jurisdiction.third party insurance legislationmeans—(a)legislation about compensation for third
parties who areinjured or killed by the use of motor
vehicles or trailers;or(b)legislationaboutpaymentofcontributionstowardscompensation of that kind; or(c)legislation requiring public liability
insurance.this jurisdictionsee the law of
each participating jurisdictionfor the meaning
of this term.this Lawmeans—(a)thisLawasitappliesasalawofaparticipatingjurisdiction;
or(b)a law of a participating jurisdiction
that—(i)substantially corresponds to the
provisions of thisLaw; or(ii)isprescribedbythenationalregulationsforthepurposesofparagraph(a)(iii)ofthedefinitionparticipating
jurisdiction.Note—See also section
11.tow truckmeans—(a)a heavy motor vehicle that is—(i)equipped with a crane, winch, ramp or
other liftingdevice; and(ii)used
or intended to be used for the towing of motorvehicles;
orCurrent as at [Not applicable]Page
123
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyPage 124(b)a
heavy motor vehicle to which is attached, temporarilyor
otherwise, a trailer or device that is—(i)equipped with a crane, winch, ramp or other
liftingdevice; and(ii)used
or intended to be used for the towing of motorvehicles.tractormeans a motor
vehicle used for towing purposes, otherthan—(a)a motor vehicle designed to carry
goods or passengers;or(b)a
tow truck.trafficincludesvehiculartraffic,pedestriantrafficandallother forms of
road traffic.trailermeans a vehicle
that is built to be towed, or is towed,by a motor
vehicle, but does not include a motor vehicle beingtowed.transportactivitiesmeansactivities,includingbusinesspractices and
making decisions, associated with the use of aheavy vehicle on
a road, including, for example—(a)contracting, directing or employing a
person—(i)to drive the vehicle; or(ii)tocarryoutanotheractivityassociatedwiththeuseofthevehicle(suchasmaintainingorrepairing the vehicle); or(b)consigning goods for transport using
the vehicle; or(c)schedulingthetransportofgoodsorpassengersusingthe
vehicle; or(d)packing goods for transport using the
vehicle; or(e)managingtheloadingofgoodsontoorunloadingofgoods from the vehicle; or(f)loadinggoodsontoorunloadinggoodsfromthevehicle; or(g)receiving goods unloaded from the
vehicle.Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Scheduletransport documentationmeans each of
the following—(a)eachcontractualdocumentdirectlyorindirectlyassociated
with—(i)atransactionfortheactualorproposedroadtransportofgoodsorpassengersoranyprevioustransportofthegoodsorpassengersbyanytransport method; or(ii)goods or
passengers, to the extent the document isrelevanttothetransactionfortheiractualorproposed road transport;(b)each document—(i)contemplated in a contractual document
mentionedin paragraph (a); or(ii)requiredbylaw,orcustomarilygiven,inconnectionwithacontractualdocumentortransaction mentioned in paragraph
(a).Examples—•bill
of lading•consignment note•container weight declaration•contract of carriage•delivery order•export receival advice•invoice•load
manifest•sea carriage document•vendor declarationNote—See
the definition document in section 12 of Schedule 1.travel conditionhas the meaning
given by section 154.tri-axle groupmeans a group of
at least 3 axles, in which thehorizontal
distance between the centre-lines of the outermostaxles is more than 2m but not more than
3.2m.Current as at [Not applicable]Page
125
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyPage 126truckmeansarigidmotorvehiclebuiltmainlyasaloadcarrying
vehicle.twinsteer axle groupmeans a group of
2 axles—(a)with single tyres; and(b)fitted to a motor vehicle; and(c)connected to the same steering
mechanism; and(d)thehorizontaldistancebetweenthecentre-linesofwhich is at least 1m but not more than
2m.two-up driving arrangement,
for the purposes of Chapter 6,has the meaning
given by section 221.unattended, for a heavy
vehicle, for the purposes of Division3 of Part 9.3,
has the meaning given by section 515.under,
for a law or a provision of a law, includes—(a)by;
and(b)for the purposes of; and(c)in accordance with; and(d)within the meaning of.unincorporatedbodyincludesanunincorporatedlocalgovernment authority, but does not include
an unincorporatedpartnership.unincorporatedlocalgovernmentauthoritymeansalocalgovernment
authority that is not a body corporate.unloadandunloader—A
personunloadsgoods in a heavy
vehicle, and is anunloaderof goods in a
heavy vehicle, if the person is a person who—(a)unloads from the vehicle, or any container
that is in orpart of the vehicle, goods that have been
transported byroad; or(b)unloads from the vehicle a freight
container, whether ornot it contains goods, that has been
transported by road.unregistered heavy vehiclemeans a heavy vehicle that is notregistered.Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Scheduleunregistered heavy vehicle permitmeans a permit granted orissued under an Australian road law
authorising the use of anunregistered heavy vehicle on a
road.use, a heavy vehicle on a road, includes
standing the vehicleon the road.vehicle
conditionhas the meaning given by section 154.vehicle defect noticemeans a major
defect notice or a minordefect notice.vehicle
identifier, for the purposes of Division 6 of Part
9.3,has the meaning given by section 525.vehicle standards exemptionmeans—(a)vehicle standards exemption (notice);
or(b)vehicle standards exemption
(permit).vehicle standards exemption (notice)has
the meaning givenby section 61(2).vehicle
standards exemption (permit)has the meaning
givenby section 68(2).VIN(vehicleidentificationnumber),foraheavyvehicle,means—(a)for a heavy vehicle built before 1
January 1989 with anidentification plate, the number
quoted on the vehicle’sidentification plate that—(i)uniquelyidentifiesthevehicleandsetsitapartfrom similar
vehicles; and(ii)correspondstotheidentificationnumberofthevehicle that is
permanently recorded elsewhere onthe vehicle;
or(b)otherwise,theuniquevehicleidentificationnumberassigned to the heavy vehicle under
theMotor VehicleStandards Act
1989of the Commonwealth.work, in
relation to a fatigue-regulated heavy vehicle, has themeaning given by section 221.Current as at [Not applicable]Page
127
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedulework and rest
change, for the purposes of Chapter 6, has
themeaning given by section 221.work
and rest hours exemptionmeans—(a)a
work and rest hours exemption (notice); or(b)a
work and rest hours exemption (permit).workandresthoursexemption(notice)hasthemeaninggiven by section 266(2).workandresthoursexemption(permit)hasthemeaninggiven by section 273(2).work and rest
hours option, for the purposes of Chapter 6,has
the meaning given by section 243.work
diary, for the purposes of Chapter 6, has the
meaninggiven by section 221.work diary
exemptionmeans—(a)a
work diary exemption (notice); or(b)a
work diary exemption (permit).workdiaryexemption(notice)hasthemeaninggivenbysection 357(2).workdiaryexemption(permit)hasthemeaninggivenbysection 363(2).work
record, for the purposes of Chapter 6, has the
meaninggiven by section 221.worktime,forthepurposesofChapter6,hasthemeaninggiven by section 221.writtenworkdiary,forthepurposesofChapter6,hasthemeaning given by
section 221.6Meaning ofheavy
vehicle(1)For the purposes of this Law, a
vehicle is aheavy vehicleif ithas
a GVM or ATM of more than 4.5t.Page 128Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(2)Also, for the purposes of this Law, a
combination that includesa vehicle with a GVM or ATM of more
than 4.5t is aheavyvehicle.(3)However, rolling
stock is not aheavy vehiclefor the
purposesof this Law.(4)In
this section—rolling stock—1Rolling stockis a vehicle
designed to operate or moveon a railway
track and includes a locomotive, carriage,railcar,railmotor,lightrailvehicle,tram,lightinspectionvehicle,self-propelledinfrastructuremaintenancevehicle,trolley,wagonormonorailvehicle.2A vehicle designed to operate both on
and off a railwaytrack isrolling
stockwhen the vehicle is being—(a)operated or moved on a railway track;
or(b)maintained, repaired or modified in
relation to theoperation or movement of the vehicle on a
railwaytrack.7Meaning offatigue-regulated heavy vehicle(1)ForthepurposesofthisLaw,aheavyvehicleisafatigue-regulated heavy vehicleif
it is any of the following—(a)a
motor vehicle with a GVM of more than 12t;(b)a
combination with a GVM of more than 12t;(c)a
fatigue-regulated bus.(2)However, subject
to subsection (3), a heavy vehicle is not afatigue-regulated heavy vehiclefor
the purposes of this Lawif it is any of the following—(a)a motor vehicle that—(i)is built, or has been modified, to
operate primarilyasamachineorimplementoff-road,onaCurrent as at [Not
applicable]Page 129
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Scheduleroad-relatedarea,oronanareaofroadthatisunder construction; and(ii)is not capable
of carrying goods or passengers byroad;Examples for the purposes of paragraph
(a)—agriculturalmachine,backhoe,bulldozer,excavator,forklift,front-endloader,grader,motorvehicleregisteredunderanAustralian road law as a special
purpose vehicle (type p)(b)a
motorhome.(3)ForthepurposesofthisLaw,atruck,oracombinationincluding a
truck, that has a machine or implement attached toit
is afatigue-regulated heavy vehicle—(a)iftheGVMofthetruckorcombinationwiththeattached machine or implement is more
than 12t; and(b)whether or not the truck or
combination has been builtormodifiedprimarilytooperateasamachineorimplement off-road, on a road-related area,
or on an areaof road that is under construction.Example for the purposes of subsection
(3)—a truck to which a crane or drilling rig is
attached(4)For the purposes of subsection (2)(b),
amotorhome—(a)isarigidorarticulatedmotorvehicleorcombinationthatisbuilt,orhasbeenmodified,primarilyforresidential purposes; and(b)does not include a motor vehicle that
is merely a motorvehicle constructed with a sleeper
berth.(5)For the purposes of this section, the
GVM of a combination isthe total of the GVMs of the vehicles
in the combination.8Meaning ofroadandroad-related area(1)For
the purposes of this Law, aroadis
an area that is open toor used by the public and is developed
for, or has as 1 of itsuses, the driving or riding of motor
vehicles.Page 130Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012ScheduleExamples of areas that are roads—bridges, cattle grids, culverts, ferries,
fords, railway crossings, tunnelsor
viaducts(2)For the purposes of this Law, aroad-related areais—(a)an area that divides a road; or(b)a footpath, shared path or nature
strip adjacent to a road;or(c)a
shoulder of a road; or(d)a bicycle path
or another area that is not a road and thatis open to the
public and designated for use by cyclistsor animals;
or(e)an area that is not a road and that is
open to, or used by,the public for driving, riding or
parking motor vehicles.(3)Also, an area is
aroadorroad-related areafor the
purposesof this Law or a particular provision of
this Law as applied ina participating jurisdiction, if the
area is declared by a law ofthatjurisdictiontobearoadorroad-relatedareaforthepurposes of this
Law or the particular provision.(4)In
this section—bicyclepathmeansanareaopentothepublicthatisdesignated for, or has as 1 of its main
uses, use by riders ofbicycles.footpathmeans an area open to the public that is
designatedfor, or has as 1 of its main uses, use by
pedestrians.sharedpathmeansanareaopentothepublicthatisdesignated for, or has as 1 of its main
uses, use by both theriders of bicycles and
pedestrians.shoulder, of a
road—(a)includes any part of the road that is
not designed to beused by motor vehicles in travelling along
the road; and(b)includes—(i)for
a kerbed road-any part of the kerb; andCurrent as at [Not
applicable]Page 131
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(ii)for
a sealed road-any unsealed part of the road, andany
sealed part of the road outside an edge line onthe road;
but(c)does not include a bicycle path,
footpath or shared path.9Meaning ofconvictsandconvictedof an
offence(1)For the purposes of this Law, a
courtconvictsa person of
anoffenceifthecourtfindsthepersonguilty,oracceptstheperson’spleaofguilty,fortheoffencewhetherornotaconviction is recorded.(2)ForthepurposesofthisLaw,apersonisconvictedofanoffence if a court convicts the person
of the offence.10Interpretation generallySchedule 1 applies in relation to this
Law.11References to laws includes references
to instrumentsmade under laws(1)In
this Law, a reference (either generally or specifically) to
alaw or a provision of a law (including this
Law) includes areference to—(a)eachinstrument(includingaregulation)madeorinforce under the
law or provision; and(b)eachinstrumentmadeorinforceunderanysuchinstrument.(2)In
this section—lawmeans a law of the Commonwealth or a
State or Territory.12References to this Law as applied in a
participatingjurisdictionIn this Law, a
reference to this Law as applied by an Act of aparticipating
jurisdiction includes a reference to—Page 132Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(a)a law that substantially corresponds
to this Law enactedin a participating jurisdiction; and(b)alawprescribedbythenationalregulationsforthepurposesofparagraph(a)(iii)ofthedefinitionparticipatingjurisdictioninsection 5,enactedinaparticipating
jurisdiction.13References to roadA reference in
this Law to a road includes a reference to aroad-related
area, unless a contrary intention appears in thisLaw.15References to
categories of heavy vehiclesIfaprovisionofthisLawprovidesfortheexemption,authorisation,prescriptionordescriptionofacategoryofheavyvehicles,heavyvehiclesmay,withoutlimitation,becategorised for the purposes of the
provision as being of anystated class, including, for
example—(a)a class of heavy vehicles used for a
particular task; and(b)a class of heavy
vehicles used by particular persons or aparticular class
of persons; and(c)a class of heavy vehicles with a
particular configuration.Part 1.3Application and
operation ofLaw16Extraterritorial
operation of LawIt is the intention of the Parliament of
this jurisdiction that theoperationofthisLawis,asfaraspossible,toincludeoperation in
relation to the following—(a)things situated
in or outside the territorial limits of thisjurisdiction;Current as at [Not
applicable]Page 133
Heavy
Vehicle National Law Act 2012Schedule(b)acts,transactionsandmattersdone,enteredintooroccurringinoroutsidetheterritoriallimitsofthisjurisdiction;(c)things, acts, transactions and matters
(wherever situated,done, entered into or occurring) that would,
apart fromthis Law, be governed or otherwise affected
by the lawof another jurisdiction.Notauthorised—indicativeonly17Law binds the
State(1)This Law binds the State.(2)NocriminalliabilityattachestotheStateitself(asdistinctfromitsagents,instrumentalities,officersandemployees)under this
Law.18Relationship with primary work health
and safety laws(1)If a provision of this Law and a
provision of the primary WHSLawdealwiththesamething,anditispossibletocomplywithbothprovisions,apersonmustcomplywithbothprovisions.(1A)However,totheextentitisnotpossibleforthepersontocomply with both provisions, the
person must comply with theprovision of the
primary WHS Law.(2)Evidence of a relevant contravention
of this Law is admissibleinanyproceedingforanoffenceagainsttheprimaryWHSLaw.(3)Compliance with this Law, or with any
requirement imposedunderthisLaw,isnot,initself,evidencethatapersonhascomplied with the primary WHS Law or any
regulations madeunder that Law or with a common law duty of
care.(3A)Ifanact,omissionorcircumstancesconstituteanoffenceunder this Law
and the primary WHS Law, the offender is notliabletobepunishedtwicefortheact,omissionorcircumstances.(4)In
this section—Page 134Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012Scheduleprimary WHS Law, for a
participating jurisdiction, means thelawthatisdeclaredbyalawofthatjurisdictiontobetheprimary WHS Law
for the purposes of this Law.Note—‘WHS’ stands for workplace health and
safety.Notauthorised—indicativeonlyPart
1.4Performance based standards19Main purpose of this Part(1)The main purposes of this Part and
other associated provisionsof this Law are
to enable PBS vehicles that meet a particularperformanceleveltooperate(unlessotherwisespecifiedbytheresponsibleMinister)onroadsthatareauthorisedtobeused by PBS vehicles that meet or
exceed that performancelevel.(2)It
is intended that authorisations or exemptions can be grantedunder this Law for PBS vehicles.20Notification to road authority of PBS
design approvalTheRegulatormust,assoonaspracticable,notifytheroadauthorityforthisjurisdiction,inwriting,ofaPBSdesignapproval,togetherwithadescriptionofthesignificantfeatures of the
design to which the approval relates.21Notification by responsible Minister of
non-application orrestricted application of PBS design
approval(1)The responsible Minister for this
jurisdiction may notify theRegulator in
writing that any heavy vehicle built to a designthat
is the subject of a PBS design approval—(a)is
not to be permitted to operate in this jurisdiction; or(b)isonlytobepermittedtooperateinthisjurisdictionsubject to
stated conditions.(2)A notice under this section can not be
about—Current as at [Not applicable]Page
135
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(a)a
particular person; or(b)a particular
heavy vehicle.(3)A notice under this section is not
valid for the purposes of thisLaw if it does
not set out reasons for why it has been issued.(4)On
receiving a notice under this section, the Regulator mustgive
a copy of the notice to the person who was given the PBSdesign approval.(5)On
receiving a notice under this section, the Regulator mustaccordingly impose on the PBS design
approval—(a)a condition giving effect to
subsection (1)(a); or(b)the stated
conditions referred to in subsection (1)(b).22Application for PBS design approval(1)An application for a PBS design
approval for the design of atype of heavy
vehicle may be made to the Regulator.(2)In
assessing the application, the Regulator must have regardto—(a)theapprovedguidelinesrelevanttothegrantofPBSdesign
approvals; and(b)any performance based standards and
assessment rulesprescribed in the national regulations for
the purposes ofthis paragraph; and(c)the
advice of the PBS Review Panel in relation to theapplication.(3)Having assessed the application, the
Regulator must approveor reject the application.(4)TheRegulatormayapprovetheapplicationsubjecttoanycondition the
Regulator considers appropriate.(5)The
PBS design approval must state the conditions (if any) towhich it is subject under subsection (4) or
section 21(5).Page 136Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule23Application for PBS vehicle
approval(1)An application for a PBS vehicle
approval for a heavy vehiclemay be made to
the Regulator.(2)In assessing the application, the
Regulator must have regardto—(a)theapprovedguidelinesrelevanttothegrantofPBSvehicle
approvals; and(b)any vehicle certification rules
prescribed in the nationalregulations for the purposes of this
paragraph; and(c)the advice of the PBS Review Panel in
relation to theapplication.(3)Having assessed the application, the
Regulator must approveor reject the application.(4)TheRegulatormayapprovetheapplicationsubjecttoconditions included in the PBS design
approval to which theheavy vehicle is built.(5)The PBS vehicle approval must state
the conditions (if any) towhich—(a)thePBSvehicleapprovalissubjectundersubsection (4); and(b)therelevantPBSdesignapprovalissubjectundersection 21(5).(5A)The
PBS vehicle approval must state the performance level forthe
approval.(6)A PBS vehicle approval can not be
given for a class 1 heavyvehicle.24Exemption from stated vehicle
standards(1)A PBS vehicle approval for a heavy
vehicle may provide thatthe vehicle is exempt from stated
vehicle standards.(2)Subsection (1)appliesonlytovehiclestandardsofakindprescribed by the national regulations for
the purposes of thissection.Current as at [Not
applicable]Page 137
Heavy
Vehicle National Law Act 2012ScheduleNote—See section
60(6).Notauthorised—indicativeonly25Authorisation of
different mass or dimensionrequirement(1)A
PBS vehicle approval for a heavy vehicle may provide thatthe
vehicle is authorised to have a mass limit that exceeds alimitthatwouldotherwiseapplytothevehicleunderaprescribed mass requirement.Note—See section
96(4).(2)A PBS vehicle approval for a heavy
vehicle may provide thatthe vehicle is authorised to have a
dimension that exceeds adimensionlimitthatwouldotherwiseapplytothevehicleunder a prescribed dimension
requirement.Note—See section
102(4).25AKeeping copy of PBS vehicle approval
while driving(1)ThedriverofaPBSvehiclemustkeepacopyofthePBSvehicle approval
in the driver’s possession while driving thePBS
vehicle.Maximum penalty—$3000.(2)Each
relevant party for a driver mentioned in subsection (1)mustensurethedrivercomplieswithsubsection(1),unlessthe relevant
party has a reasonable excuse.Maximum
penalty—$3000.(3)In this section—relevant
party, for the driver of a PBS vehicle,
means—(a)anemployerofthedriver ifthedriverisanemployeddriver;
or(b)aprimecontractorofthedriverifthedriverisaself-employed driver; orPage
138Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(c)anoperatorofthevehicleifthedriverismakingajourney for the operator.26National regulationsThe
national regulations may provide for—(a)the
procedures for determining an application for a PBSdesign approval or a PBS vehicle approval,
including,forexample,providingforthetimeformakingadecision on the application, the fee for the
applicationand forms relating to the application;
and(b)theproceduresforcancellingormodifyingaPBSdesign approval or PBS vehicle
approval; and(c)performancebasedstandards,andassessmentandcertification rules, relating to PBS design
approvals orPBS vehicle approvals; and(d)the appointment, functions and
management of personsas PBS assessors and PBS vehicle
certifiers.Chapter 1ASafety
dutiesPart 1A.1Principles26APrinciple of shared responsibility(1)The safety of transport activities
relating to a heavy vehicle isthesharedresponsibilityofeachpartyinthechainofresponsibility for the vehicle.(2)The level and nature of a party’s
responsibility for a transportactivity depends
on—(a)thefunctionsthepersonperformsorisrequiredtoperform,whetherexclusivelyoroccasionally,ratherthan—Current as at [Not
applicable]Page 139
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(i)the
person’s job title; or(ii)theperson’sfunctionsdescribedinawrittencontract;
and(b)the nature of the public risk created
by the carrying outof the transport activity; and(c)theparty’scapacitytocontrol,eliminateorminimisethe risk.26BPrinciples applying to duties(1)A person may have more than 1 duty
because of the functionsthe person performs or is required to
perform.(2)More than 1 person can concurrently
have a duty under thisLaw and each duty holder must comply
with that duty to thestandard required by this Law even if
another duty holder hasthe same duty.(3)Ifmorethan1personhasa
dutyforthesamematter,eachperson—(a)retains responsibility for the person’s duty
in relation tothe matter; and(b)must
discharge the person’s duty to the extent to whichthe
person—(i)hasthecapacitytoinfluenceandcontrolthematter; or(ii)would have had that capacity but for an
agreementor arrangement purporting to limit or remove
thatcapacity.(4)AdutyunderthisLawmaynotbetransferredtoanotherperson.Page
140Current as at [Not applicable]
Part
1A.2Heavy Vehicle National Law Act 2012ScheduleNature of
dutyNotauthorised—indicativeonly26CPrimary duty(1)Each
party in the chain of responsibility for a heavy vehiclemust
ensure, so far as is reasonably practicable, the safety ofthe
party’s transport activities relating to the vehicle.(2)Without limiting subsection (1), each
party must, so far as isreasonably practicable—(a)eliminatepublicrisksand,totheextentitisnotreasonablypracticabletoeliminatepublicrisks,minimise the
public risks; and(b)ensure the party’s conduct does not
directly or indirectlycause or encourage—(i)thedriveroftheheavyvehicletocontravenethisLaw;
or(ii)thedriveroftheheavyvehicletoexceedaspeedlimit applying
to the driver; or(iii)anotherperson,includinganotherpartyinthechain of
responsibility, to contravene this Law.(3)Forsubsection(2)(b),theparty’sconductincludes,forexample—(a)the
party asking, directing or requiring another personto
do, or not do, something; and(b)the
party entering into a contract—(i)with
another person for the other person to do, ornot do,
something; or(ii)thatpurportstoannul,exclude,restrictorotherwise change the effect of this
Law.26DDuty of executive of legal
entity(1)Ifalegalentityhasasafetyduty,anexecutiveofthelegalentitymustexerciseduediligencetoensurethelegalentitycomplies with the safety duty.Current as at [Not applicable]Page
141
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyMaximumpenalty—thepenaltyforacontraventionoftheprovision by an individual.(2)Theexecutivemaybeconvictedofanoffenceagainstsubsection (1)
even if the legal entity has not been proceededagainst for, or
convicted of, an offence relating to the safetyduty.(2A)Subsection(1)doesnotapplytoanexecutiveofthelegalentityactingonavoluntarybasis,whetherornottheexecutiveisreimbursedfortheexpensesincurredbytheexecutive for
carrying out activities for the legal entity.(3)In
this section—due diligenceincludes taking
reasonable steps—(a)toacquire,andkeepuptodate,knowledgeaboutthesafe
conduct of transport activities; and(b)to
gain an understanding of—(i)the nature of
the legal entity’s transport activities;and(ii)thehazardsandrisks,includingthepublicrisk,associated with those activities; and(c)toensurethelegalentityhas,anduses,appropriateresourcestoeliminateorminimisethosehazardsandrisks; and(d)toensurethelegalentityhas,andimplements,processes—(i)to
eliminate or minimise those hazards and risks;and(ii)forreceiving,considering,andrespondinginatimely way to, information about those
hazards andrisks and any incidents; and(iii)for complying
with the legal entity’s safety duties;and(e)toverifytheresourcesandprocessesmentionedinparagraphs(c)and(d)arebeingprovided,usedandimplemented.Page 142Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Scheduleexecutive, of a legal
entity, means—(a)foracorporation—anexecutiveofficerofthecorporation; or(b)foranunincorporatedpartnership—apartnerinthepartnership;
or(c)for an unincorporated body—a
management member ofthe body.legal
entitymeans—(a)a
corporation; or(b)an unincorporated partnership;
or(c)an unincorporated body.26EProhibited requests and
contracts(1)A person must not ask, direct or
require (directly or indirectly)thedriverofaheavyvehicleorapartyinthechainofresponsibility to do or not do
something the person knows, oroughtreasonablytoknow,wouldhavetheeffectofcausingthe
driver—(a)to exceed a speed limit applying to
the driver; or(b)todriveafatigue-regulatedheavyvehiclewhileimpaired by fatigue; or(c)todriveafatigue-regulatedheavyvehiclewhileinbreach of the driver’s work and rest
hours option; or(d)to drive a fatigue-regulated heavy
vehicle in breach ofanother law in order to avoid driving
while impaired byfatigue or while in breach of the driver’s
work and resthours option.Maximum
penalty—$10000.(2)A person must not enter into a
contract with the driver of aheavy vehicle or
a party in the chain of responsibility that theperson knows, or
ought reasonably to know, would have theeffect of
causing the driver, or would encourage the driver, orCurrent as at [Not applicable]Page
143
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedulewouldencourageapartyinthechainofresponsibilitytocause the driver—(a)to
exceed a speed limit applying to the driver; or(b)todriveafatigue-regulatedheavyvehiclewhileimpaired by fatigue; or(c)todriveafatigue-regulatedheavyvehiclewhileinbreach of the driver’s work and rest
hours option; or(d)to drive a fatigue-regulated heavy
vehicle in breach ofanother law in order to avoid driving
while impaired byfatigue or while in breach of the driver’s
work and resthours option.Maximum
penalty—$10000.Note—See section 632
for the matters a court may consider when decidingwhether a person ought reasonably to have
known something.Part 1A.3Failing to
comply with duty26FCategory 1 offence(1)A
person commits an offence if—(a)the
person has a duty under section 26C; and(b)theperson,withoutareasonableexcuse,engagesinconduct related to the duty that exposes an
individual toa risk of death or serious injury or
illness; and(c)the person is reckless as to the
risk.Maximum penalty—(a)ifanindividualcommitstheoffence—$300000or5years imprisonment or both; or(b)if a corporation commits the
offence—$3000000.(2)The prosecution bears the burden of
proving that the conductwas engaged in without reasonable
excuse.Page 144Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule26GCategory 2 offenceA person commits
an offence if—(a)the person has a duty under section
26C; and(b)the person contravenes the duty;
and(c)theperson’scontraventionexposesanindividual,orclass of individuals, to a risk of death or
serious injuryor illness.Maximum
penalty—(a)if an individual commits the
offence—$150000; or(b)if a corporation commits the
offence—$1500000.26HCategory 3 offenceA person commits
an offence if—(a)the person has a duty under section
26C; and(b)the person contravenes the
duty.Maximum penalty—(a)if
an individual commits the offence—$50000; or(b)if a
corporation commits the offence—$500000.Editor’s
note—Uncommenced amendments in 2016 Act No. 65
amend sections 33 and50 in chapter 2 of the Heavy Vehicle
National Law. However, theHeavy Vehicle National Law and Other
Legislation Amendment Bill2018 includes an amendment to omit
chapter 2.This indicative reprint reflects the Law
with chapter 2 omitted.Current as at [Not applicable]Page
145
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012ScheduleChapter 3Vehicle operations—standards and
safetyPart 3.1Preliminary58Main
purpose of Ch 3The main purpose of this Chapter is to
ensure heavy vehiclesusedonroadsareofastandardandinaconditionthatprevents or minimises safety risks.Part
3.2Compliance with heavy vehiclestandardsDivision 1Requirements59Heavy
vehicle standards(1)Thenationalregulationsmayprescribevehiclestandards(heavyvehiclestandards)withwhichheavyvehiclesmustcomply to use
roads.(2)Without limiting subsection (1), the
heavy vehicle standardsmay include requirements applying
to—(a)heavy vehicles; or(b)componentsofheavyvehicles,includingcomponentvehicles that are not heavy vehicles;
or(c)equipment of heavy vehicles.(3)Thenationalregulationsmayprescribeexemptionsordifferentrequirementsforcomponentvehiclesthatarenotheavy vehicles.Page 146Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule60Compliance with heavy vehicle
standards(1)A person must not use, or permit to be
used, on a road a heavyvehicle that contravenes a heavy
vehicle standard applying tothe
vehicle.Maximum penalty—(a)$3000, except as provided in paragraph (b);
or(b)$6000,forcontraventionofaheavyvehiclestandardrelating to a
speed limiter.(2)Subsection (1) does not apply
to—(a)a heavy vehicle that—(i)isonajourneytoaplacefortherepairofthevehicle,oranyofitscomponentsorequipment,and is
travelling on the most direct or convenientroutetothatplacefromtheplacewherethejourney began; andNote for the
purposes of subparagraph (i)—The subparagraph
does not operate to exempt a personfrom complying
with the requirements of a vehicle defectnotice applying
to the vehicle.(ii)does not have
any goods in it; and(iii)isusedonaroadinawaythatdoesnotposeasafety risk; or(b)a
heavy vehicle that—(i)is on a road for testing or analysis
of the vehicle, oranyofitscomponentsorequipment,byanapprovedvehicleexaminerforthepurposeofcheckingitscompliancewiththeheavyvehiclestandards; and(ii)does
not have any passengers in it; and(iii)does
not have any goods in it, unless—(A)it
has a quantity of goods that is necessary orappropriate for
the conduct of the testing oranalysis;
andCurrent as at [Not applicable]Page
147
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(B)without limiting
subparagraph (iv), there areno reasonable
grounds to believe the vehicleladenwiththosegoodsposesasignificantsafety risk;
and(iv)isusedonaroadinawaythatdoesnotposeasafety risk.(3)A
person does not commit an offence against subsection (1) inrelationtoaheavyvehicle’snoncompliancewithaheavyvehiclestandardif,andtotheextent,thenoncompliancerelatestoanoncomplianceknowntotheregistrationauthorityfortheheavyvehicleatthetimetheregistrationauthority
registered the vehicle under an Australian road law.(4)For the purposes of subsection (3),
the registration authorityis taken to have known of the heavy
vehicle’s noncompliancewithaheavyvehiclestandardatthetimetheregistrationauthorityregisteredthevehicleifthenoncompliancewasmentioned in—(a)an
operations plate that was installed on the vehicle atthe
time it was registered; or(b)acertificateofapprovedoperationsissuedforthevehicleandinforceatthetimethevehiclewasregistered; or(c)a
document obtained by the registration authority underanAustralianroadlawinconnectionwiththeregistering of the vehicle.(5)Subsection (3) applies only if the
heavy vehicle, and its use onaroad,complieswiththeconditionsoftheheavyvehicle’sregistration under an Australian road
law.(6)If a PBS vehicle is exempt from
vehicle standards stated in itsPBS vehicle
approval but it complies with the other applicablevehicle standards, the vehicle is regarded
for the purposes ofthis Law as complying with the vehicle
standards applying tothe vehicle.Note—Seealsosection
81(4)to(6)fortheeffectofavehiclestandardsexemption on compliance with subsection
(1).Page 148Current as at
[Not applicable]
Notauthorised—indicativeonlyDivision 2Heavy Vehicle
National Law Act 2012ScheduleExemptions by
CommonwealthGazette notice61Regulator’s power to exempt category of
heavy vehiclesfrom compliance with heavy vehicle
standard(1)TheRegulatormay,byCommonwealthGazettenoticecomplying with
section 65, exempt, for a period of not morethan5years,acategoryofheavyvehiclesfromtherequirement to comply with a heavy vehicle
standard.(2)Anexemptionundersubsection
(1)isavehiclestandardsexemption
(notice).62Restriction on
grant of vehicle standards exemption(notice)(1)TheRegulatormaygrantavehiclestandardsexemption(notice) for a
category of heavy vehicles only if—(a)1 of
the following applies—(i)the Regulator is
satisfied complying with the heavyvehicle standard
to which the exemption is to applywould prevent
heavy vehicles of that category fromoperating in the
way in which, or for the purposefor which, the
vehicles were built or modified;(ii)theRegulatorissatisfiedheavyvehiclesofthatcategoryareexperimental vehicles,prototypesorsimilarvehiclesthatcouldnotreasonablybeexpectedtocomplywiththeheavyvehiclestandard to which the exemption is to
apply;(iii)theexemptionhasbeenrequestedbyaroadauthority for a participating jurisdiction
for the useofheavyvehiclesofthatcategoryinthatjurisdiction;(iv)thecategoryofheavyvehiclesconsistsofheavyvehiclesthat,immediatelybeforethecommencementofthissectioninaparticipatingCurrent as at [Not
applicable]Page 149
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedulejurisdiction,werenotrequiredtocomplywithasimilar standard at that time and
were—(A)registeredunderanAustralianroadlawofthat
jurisdiction and not required to complywith a similar
standard at that time; or(B)operatingunderanunregisteredheavyvehiclepermitorexemptionfromregistration(howeverdescribed)grantedorissued under an Australian road law of
thatjurisdiction;(v)thecategoryofheavyvehiclesconsistsofheavyvehicles
referred to in the national regulations forthe purposes of
this subparagraph; and(b)the Regulator is
satisfied the use of heavy vehicles of thecategory to
which the exemption is to apply on a roadunder the
exemption will not pose a significant safetyrisk.(2)Indecidingwhethertograntavehiclestandardsexemption(notice),theRegulatormusthaveregardtotheapprovedguidelines for granting vehicle standards
exemptions.(3)Thenationalregulationsmayprescribeadditionalrequirementsorrestrictionsregardingthegrantingofavehicle standards exemption
(notice).63Conditions of vehicle standards
exemption (notice)A vehicle standards exemption (notice) may
be subject to anyconditions the Regulator considers
appropriate, including, forexample—(a)conditionsaboutprotectingroadinfrastructurefromdamage; and(b)aconditionthatthedriverofaheavyvehiclewhoisdriving the
vehicle under the exemption must keep in thedriver’s
possession a copy of—(i)theCommonwealthGazettenoticefortheexemption; orPage 150Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012Schedule(ii)aninformationsheetabouttheexemptionpublishedbytheRegulatorontheRegulator’swebsite.Notauthorised—indicativeonly64Period for which vehicle standards
exemption (notice)appliesA vehicle
standards exemption (notice)—(a)takes effect—(i)whentheCommonwealthGazettenoticefortheexemption is published; or(ii)ifalatertimeisstatedintheCommonwealthGazette notice,
at the later time; and(b)appliesfortheperiodstatedintheCommonwealthGazette
notice.65Requirements about Commonwealth
Gazette notice(1)ACommonwealthGazettenoticeforavehiclestandardsexemption (notice) must state the
following—(a)the category of heavy vehicles to
which the exemptionapplies;(b)theheavyvehiclestandardtowhichtheexemptionapplies;(c)the conditions of the
exemption;(d)the period for which the exemption
applies.(2)TheRegulatormustpublishacopyoftheCommonwealthGazette notice
on the Regulator’s website.66Amendment or
cancellation of vehicle standardsexemption
(notice)(1)Each of the following is a ground for
amending or cancellinga vehicle standards exemption
(notice)—(a)the use of heavy vehicles on a road
under the exemptionhas caused, or is likely to cause, a
significant safety risk;Current as at [Not applicable]Page
151
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(b)sincetheexemptionwasgranted,therehasbeenachangeincircumstancesthatwererelevanttotheRegulator’s
decision to grant the exemption and, had thechanged
circumstances existed when the exemption wasgranted,theRegulatorwouldnothavegrantedtheexemption, or would have granted the
exemption subjectto conditions or different
conditions.(2)If the Regulator considers a ground
exists to amend or cancelavehiclestandardsexemption(notice),theRegulatormayamendorcanceltheexemptionbycomplyingwithsubsections (3) to (5).(3)The
Regulator must publish a public notice—(a)stating that the Regulator believes a ground
mentionedinsubsection (1)(a)or(b)foramendingorcancellingthe exemption
exists; and(b)outlining the facts and circumstances
forming the basisfor the belief; and(c)statingtheactiontheRegulatorisproposingtotakeunder this
section (theproposed action); and(d)inviting persons who will be affected
by the proposedaction to make, within a stated time of at
least 14 daysaftertheCommonwealthGazettenoticeispublished,writtenrepresentationsabout whytheproposedactionshould not be taken.(4)If,afterconsideringallwrittenrepresentationsmadeundersubsection
(3)(d), the Regulator still considers a ground existsto
take the proposed action, the Regulator may—(a)iftheproposedactionwastoamendtheexemption—amendtheexemption,including,forexample,byimposing additional conditionson
the exemption, in away that is not substantially different from
the proposedaction; or(b)if
the proposed action was to cancel the exemption—(i)amend the exemption, including, for
example, byimposing additional conditions on the
exemption;orPage 152Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(ii)cancel the
exemption.(5)The Regulator must publish a public
notice of the amendmentor cancellation.(6)The
amendment or cancellation takes effect—(a)28daysaftertheCommonwealthGazettenoticeispublished under subsection (5); or(b)if a later time is stated in the
Commonwealth Gazettenotice, at the later time.67Immediate suspension on Regulator’s
initiative(1)This section applies if the Regulator
considers it is necessarytosuspendavehiclestandardsexemption(notice)immediatelytopreventorminimiseseriousharmtopublicsafety or
significant damage to road infrastructure.(2)TheRegulatormay,bypublicnotice,immediatelysuspendthe
exemption until the earliest of the following—(a)theendof56daysafterthedaythepublicnoticeispublished;(b)the
Regulator publishes a notice under section 66(5) andtheamendmentorcancellationtakeseffectundersection 66(6);(c)the
Regulator cancels the suspension by public notice.(4)The suspension, and (where relevant)
the cancellation of thesuspension, takes effect immediately
after the CommonwealthGazette notice is published under
subsection (3).(5)This section applies despite section
66.Current as at [Not applicable]Page
153
Heavy
Vehicle National Law Act 2012ScheduleDivision 3Exemptions by
permitNotauthorised—indicativeonly68Regulator’s power
to exempt particular heavy vehiclefrom compliance
with heavy vehicle standard(1)The
Regulator may, by giving a person a permit as mentionedin
section 73, exempt a heavy vehicle from compliance with aheavy vehicle standard for a period of not
more than 3 years.(2)Anexemptionundersubsection
(1)isavehiclestandardsexemption
(permit).(3)Avehiclestandardsexemption(permit)mayapplyto1ormore heavy
vehicles.69Application for vehicle standards
exemption (permit)(1)A person may apply to the Regulator
for a vehicle standardsexemption (permit).(2)The application must be—(a)in the approved form; and(b)accompanied by the prescribed fee for
the application.(3)TheRegulatormay,bynoticegiventotheapplicantforavehicle
standards exemption (permit), require the applicant togive
the Regulator any additional information the Regulatorreasonably requires to decide the
application.70Restriction on grant of vehicle
standards exemption(permit)(1)TheRegulatormaygrantavehiclestandardsexemption(permit) for a
heavy vehicle only if—(a)1 of the
following applies—(i)the Regulator is satisfied complying
with the heavyvehicle standard to which the exemption is
to applywould prevent the heavy vehicle from
operating inthe way in which, or for the purpose for
which, thevehicle was built or modified;Page
154Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(ii)theRegulatorissatisfiedtheheavyvehicleisanexperimental
vehicle, prototype or similar vehiclethatcouldnotreasonablybeexpectedtocomplywiththeheavyvehiclestandardtowhichtheexemption is to apply;(iii)theheavyvehicle,immediatelybeforethecommencementofthissectioninaparticipatingjurisdiction,wasnotrequiredtocomplywithasimilar standard at that time and
was—(A)registeredunderanAustralianroadlawofthat
jurisdiction; or(B)operatingunderanunregisteredheavyvehiclepermitorexemptionfromregistration(howeverdescribed)grantedorissued under an Australian road law of
thatjurisdiction; and(b)the
Regulator is satisfied the use of the heavy vehicle ona
road under the exemption will not pose a significantsafety risk.(2)Indecidingwhethertograntavehiclestandardsexemption(permit),theRegulatormusthaveregardtotheapprovedguidelines for granting vehicle standards
exemptions.71Conditions of vehicle standards
exemption (permit)A vehicle standards exemption (permit) may
be subject to anyconditions the Regulator considers
appropriate, including, forexample, a
condition about protecting road infrastructure fromdamage.72Period for which vehicle standards exemption
(permit)applies(1)A
vehicle standards exemption (permit) applies for the periodstated in the permit for the
exemption.(2)The period may be less than the period
sought by the applicantfor the vehicle standards exemption
(permit).Current as at [Not applicable]Page
155
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule73Permit for vehicle standards exemption
(permit) etc.(1)If the Regulator grants a vehicle
standards exemption (permit)to a person, the
Regulator must give the person—(a)a
permit for the exemption; and(b)iftheRegulatorhasimposedconditionsontheexemptionundersection 71orhasgrantedtheexemption for a period less than the period
of not morethan3yearssoughtbytheperson—aninformationnotice for the
decision to impose the conditions or grantthe exemption
for the shorter period.(2)Apermitforavehiclestandardsexemption(permit)muststate the
following—(a)the name of the person to whom the
permit is given;(b)eachheavyvehicletowhichtheexemptionapplies,includingtheregistrationnumberofthevehicleifknown when the permit is given;(c)theheavyvehiclestandardtowhichtheexemptionapplies;(d)the conditions of the
exemption;(e)the period for which the exemption
applies.74Refusal of application for vehicle
standards exemption(permit)If the Regulator
refuses an application for a vehicle standardsexemption
(permit), the Regulator must give the applicant aninformation notice for the decision to
refuse the application.75Amendment or
cancellation of vehicle standardsexemption
(permit) on application by permit holder(1)Theholderofapermitforavehiclestandardsexemption(permit)mayapplytotheRegulatorforanamendmentorcancellation of the exemption.(2)The application must—Page
156Current as at [Not applicable]
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Vehicle National Law Act 2012Schedule(a)be in the approved form; and(b)beaccompaniedbytheprescribedfeefortheapplication;
and(c)if the application is for an
amendment—state clearly theamendment sought
and the reasons for the amendment;and(d)be accompanied by the permit.(3)The Regulator may, by notice given to
the applicant, requirethe applicant to give the Regulator
any additional informationthe Regulator reasonably requires to
decide the application.(4)TheRegulatormustdecidetheapplicationassoonaspracticable after receiving it.(5)If the Regulator decides to grant the
application—(a)theRegulatormustgivetheapplicantnoticeofthedecision;
and(b)the amendment or cancellation takes
effect—(i)whennoticeofthedecisionisgiventotheapplicant; or(ii)ifalatertimeisstatedinthenotice,atthelatertime; and(c)if the Regulator amended the
exemption, the Regulatormustgivetheapplicantareplacementpermitfortheexemption as
amended.(6)If the Regulator decides not to amend
or cancel the exemptionas sought by the applicant, the
Regulator must—(a)give the applicant an information
notice for the decision;and(b)return the permit for the exemption to the
applicant.76Amendment or cancellation of vehicle
standardsexemption (permit) on Regulator’s
initiative(1)Each of the following is a ground for
amending or cancellinga vehicle standards exemption
(permit)—Current as at [Not applicable]Page
157
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(a)theexemptionwasgrantedbecauseofadocumentorrepresentation that was—(i)false or misleading; or(ii)obtained or made
in an improper way;(b)theholderofthepermitfortheexemptionhascontravened a condition of the
exemption;(c)the use of a heavy vehicle on a road
under the exemptionhas caused, or is likely to cause, a
significant safety risk;(d)since the
exemption was granted, there has been changeinthecircumstancesthatwererelevanttotheRegulator’s
decision to grant the exemption and, had thechanged
circumstances existed when the exemption wasgranted,theRegulatorwouldnothavegrantedtheexemption, or would have granted the
exemption subjectto conditions or different
conditions.(2)If the Regulator considers a ground
exists to amend or cancela vehicle standards exemption (permit)
(theproposed action),theRegulatormustgivetheholderofthepermitfortheexemption a notice—(a)stating the proposed action;
and(b)stating the ground for the proposed
action; and(c)outlining the facts and circumstances
forming the basisfor the ground; and(d)iftheproposedactionistoamendtheexemption(includingaconditionoftheexemption)—statingtheproposed amendment; and(e)inviting the holder to make, within a stated
time of atleast14daysafterthenoticeisgiventotheholder,writtenrepresentationsabout whytheproposedactionshould not be taken.(3)If,afterconsideringallwrittenrepresentationsmadeundersubsection
(2)(e), the Regulator still considers a ground existsto
take the proposed action, the Regulator may—(a)iftheproposedactionwastoamendtheexemption—amendtheexemption,including,forexample,byPage
158Current as at [Not applicable]
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Vehicle National Law Act 2012Scheduleimposing additional conditionson
the exemption, in away that is not substantially different from
the proposedaction; or(b)if
the proposed action was to cancel the exemption—(i)amend the exemption, including, for
example, byimposing additional conditions on the
exemption;or(ii)cancel the
exemption.(4)The Regulator must give the holder an
information notice forthe decision to amend or cancel the
exemption.(5)The amendment or cancellation takes
effect—(a)when the information notice is given
to the holder; or(b)if a later time is stated in the
information notice, at thelater time.77Immediate suspension on Regulator’s
initiative(1)This section applies if the Regulator
considers it is necessarytosuspendavehiclestandardsexemption(permit)immediatelytopreventorminimiseseriousharmtopublicsafety or
significant damage to road infrastructure.(2)The
Regulator may, by notice (immediate suspension notice)giventothepersontowhomthepermitwasgiven,immediatelysuspendtheexemptionuntiltheearliestofthefollowing—(a)theRegulatorgivesthepersonaninformationnoticeunder section 76(4) and the amendment or
cancellationtakes effect under section 76(5);(b)the Regulator cancels the
suspension;(c)theendof56daysafterthedaytheimmediatesuspension notice is given to the
person.(3)This section applies despite sections
75 and 76.Current as at [Not applicable]Page
159
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule78Minor
amendment of vehicle standards exemption(permit)The
Regulator may, by notice given to the holder of a permitforavehiclestandardsexemption(permit),amendtheexemption in a minor respect—(a)for a formal or clerical reason;
or(b)inanotherwaythatdoesnotadverselyaffecttheholder’s interests.79Return of permit(1)If a
person’s vehicle standards exemption (permit) is amendedor
cancelled, the Regulator may, by notice, require the persontoreturntheperson’spermitfortheexemptiontotheRegulator.(2)The
person must comply with the notice within 7 days afterthe
notice is given to the person or, if a longer period is
statedin the notice, within the longer
period.Maximum penalty—$4000.(3)If
the exemption has been amended, the Regulator must givethepersonareplacementpermitfortheexemptionasamended.80Replacement of defaced etc. permit(1)If a person’s permit for a vehicle
standards exemption (permit)is defaced,
destroyed, lost or stolen, the person must, as soonas
reasonably practicable after becoming aware of the matter,apply to the Regulator for a replacement
permit.Maximum penalty—$4000.(2)IftheRegulatorissatisfiedthepermithasbeendefaced,destroyed, lost or stolen, the Regulator
must give the person areplacement permit as soon as
practicable.(3)If the Regulator decides not to give
the person a replacementpermit,theRegulatormustgivethepersonaninformationnotice for the
decision.Page 160Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012Schedule(4)Subsection (1)doesnotapplytoavehiclestandardsexemption(permit)forwhichanapplicationtocancelthepermit has been made and is pending
determination.Notauthorised—indicativeonlyDivision 4Operating under
vehicle standardsexemption81Contravening condition of vehicle standards
exemption(1)Apersonmustnotcontraveneaconditionofavehiclestandards
exemption.Maximum penalty—$4000.(2)A
person must not use, or permit to be used, on a road a heavyvehiclethatcontravenesaconditionofavehiclestandardsexemption applying to the vehicle.Maximum penalty—$4000.(3)Apersonmustnotuseaheavyvehicle,orpermitaheavyvehicletobeused,onaroadinawaythatcontravenesaconditionofavehiclestandardsexemptionapplyingtothevehicle.Maximum penalty—$4000.(4)ApersondoesnotcommitanoffenceagainstthisLawinrelationtoaheavyvehiclecontraveningaheavyvehiclestandard if—(a)the
heavy vehicle is exempt, under a vehicle standardsexemption,fromcompliancewiththeheavyvehiclestandard; and(b)the
heavy vehicle, and its use on a road, complies withthe
conditions of the exemption.(5)However, if a person commits a condition
offence in relationto the exemption—(a)the
exemption does not operate in the person’s favourwhilethecontraventionconstitutingtheoffencecontinues;
andCurrent as at [Not applicable]Page
161
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)the
exemption must be disregarded in deciding whetherthepersonhascommittedanoffenceinrelationtoacontravention of a heavy vehicle
standard applying to aheavy vehicle.(6)If,becauseoftheoperationofsubsection (5),apersoncommits an
offence against a provision of this Law (theotheroffence provision) in relation to
a heavy vehicle standard towhich the
exemption applies, the person—(a)may
be charged with the condition offence or an offenceagainst the other offence provision;
but(b)must not be charged with both
offences.(7)Subsection (1)doesnotapplytoaconditionmentionedinsection 82(1).(8)In
this section—conditionoffencemeansanoffenceagainstsubsection (1),(2) or
(3).82Keeping relevant document while
driving under vehiclestandards exemption (notice)(1)This section applies if a vehicle
standards exemption (notice)is subject to
the condition that the driver of a heavy vehiclewho
is driving the vehicle under the exemption must keep arelevant document in the driver’s
possession.(2)A driver of the heavy vehicle who is
driving the vehicle underthevehiclestandardsexemption(notice)mustcomplywiththe
condition.Maximum penalty—$3000.(3)Each
relevant party for a driver mentioned in subsection (2)mustensurethedrivercomplieswithsubsection(2),unlessthe relevant
party has a reasonable excuse.Maximum
penalty—$3000.(7)In this section—relevantdocument,foravehiclestandardsexemption(notice), means a copy of—Page
162Current as at [Not applicable]
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Vehicle National Law Act 2012Schedule(a)the Commonwealth Gazette notice for
the exemption; or(b)an information sheet about the
exemption published bythe Regulator on the Regulator’s
website.relevant party, for the driver
of a heavy vehicle, means—(a)an employer of
the driver if the driver is an employeddriver;
or(b)aprimecontractorofthedriverifthedriverisaself-employed driver; or(c)anoperatorofthevehicleifthedriverismakingajourney for the operator.83Keeping copy of permit while driving
under vehiclestandards exemption (permit)(1)The driver of a heavy vehicle who is
driving the vehicle undera vehicle standards exemption (permit)
must keep a copy ofthe permit for the exemption in the driver’s
possession.Maximum penalty—$3000.(2)If
the driver of a heavy vehicle is driving the vehicle under avehiclestandardsexemption(permit)grantedtoarelevantparty for the
driver and the relevant party has given the drivera
copy of a permit for the purpose of subsection (1), the
drivermust, as soon as reasonably practicable,
return the copy to therelevantpartyifthedriverstopsworkingfortherelevantparty.Maximum
penalty—$3000.(3)Each relevant party for a driver
mentioned in subsection (2)mustensurethedrivercomplieswithsubsection(2),unlessthe relevant
party has a reasonable excuse.Maximum
penalty—$3000.(7)In this section—relevant
party, for the driver of a heavy vehicle,
means—(a)an employer of the driver if the
driver is an employeddriver; orCurrent as at [Not
applicable]Page 163
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)aprimecontractorofthedriverifthedriverisaself-employed driver; or(c)anoperatorofthevehicleifthedriverismakingajourney for the operator.Part
3.3Modifying heavy vehicles84Definition for Pt 3.3In this
Part—modification, of a heavy
vehicle, means—(a)theadditionofacomponentto,ortheremovalofacomponent from, the vehicle; or(b)achangetothevehiclefromthemanufacturer’sspecification
for the vehicle;butdoesnotincludeamodificationtothevehiclethathasbeen approved under the Motor Vehicle
Standards Act 1989 ofthe Commonwealth.85Modifying heavy vehicle requires
approval(1)Apersonmustnotmodifyaheavyvehicleunlessthemodification has been approved by—(a)an approved vehicle examiner under
section 86; or(b)the Regulator under section 87.Maximum penalty—$3000.(2)A
person must not use, or permit to be used, on a road a heavyvehiclethathasbeenmodifiedunlessthemodificationhasbeen
approved by—(a)an approved vehicle examiner under
section 86; or(b)the Regulator under section 87.Maximum penalty—$3000.Page 164Current as at [Not applicable]
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Vehicle National Law Act 2012Schedule(3)This section does not apply to a
modification that complieswith a code of practice prescribed by
the national regulationsfor the purposes of this section,
section 86 or 87 that expresslystatesthatamodificationofthattypedoesnotrequireapproval.86Approval of modifications by approved
vehicle examiners(1)Anapprovedvehicleexaminermay,ifauthorisedtodosounderthenationalregulations,approveamodificationofaheavy vehicle if, and only if, the
modification complies with acode of practice
prescribed by the national regulations for thepurposes of this
section.(2)If an approved vehicle examiner
approves a modification of aheavy vehicle,
the examiner must—(a)giveacertificateapprovingthemodification,intheapproved form, to—(i)the
registered operator of the vehicle; or(ii)if
there is no registered operator of the vehicle—anowner of the vehicle; and(b)ensure a plate or label that complies
with subsection (3)is fitted or affixed to a conspicuous part
of the vehicle.Maximum penalty—$3000.(3)Forthepurposesofsubsection (2)(b),aplateorlabelcomplies with
this subsection if—(a)it is of a type approved by the
Regulator; and(b)itisstamped,engravedormarkedsoastodisplayinformation that relates to the modification
and that is—(i)approved by the Regulator; or(ii)prescribedbythenationalregulationsforthepurposes of this section.Current as at [Not applicable]Page
165
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule87Approval of modification by Regulator(1)The Regulator may approve a
modification of a heavy vehicleif the Regulator
is satisfied—(a)the use on a road of the modified
vehicle will not pose asignificant safety risk; and(b)as to either or both of the following
(as relevant)—(i)the modified vehicle will comply with
applicablenoiseandemissionstandardsprescribedbynationalregulations,exceptasprovidedbysubparagraph (ii);(ii)the
Regulator has exempted the modified vehiclefromanoiseoremissionstandardreferredtoinsubparagraph (i) and the Regulator is
satisfied thatthemodifiedvehiclecomplieswiththerequirements of the exemption.(2)Subsection (1)applieswhetherornotthemodificationcomplies with a
code of practice prescribed by the nationalregulations
prescribed for the purposes of this section.(3)If
the Regulator approves a modification of a heavy vehicle,the
Regulator must—(a)giveacertificateapprovingthemodification,intheapproved form, to—(i)the
registered operator of the vehicle; or(ii)if
there is no registered operator of the vehicle—anowner of the vehicle; and(b)ensure a plate or label that complies
with subsection (4)is fitted or affixed to a conspicuous part
of the vehicle.(4)Forthepurposesofsubsection (3)(b),aplateorlabelcomplies with
this subsection if—(a)it is of a type approved by the
Regulator; and(b)itisstamped,engravedormarkedsoastodisplayinformation that relates to the modification
and that is—(i)approved by the Regulator; orPage
166Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012Schedule(ii)prescribedbythenationalregulationsforthepurposes of this section.Notauthorised—indicativeonly87APerson must not tamper with plate or
label(1)A person must not tamper with a plate
or label fitted or affixedto a heavy vehicle under section 86(2)
or 87(3).Maximum penalty—$3000.(2)In a
proceeding for an offence against subsection (1), it is adefence for the person to prove that the
tampering was donewith the written approval of the
Regulator.(3)In this section—tampermeansalter,damage,removeorotherwiseinterferewith.88National regulations for heavy vehicle
modificationThe national regulations may provide for any
matter relatingto the modification of heavy
vehicles.Part 3.4Other
offences89Safety requirement(1)A
person must not use, or permit to be used, on a road a heavyvehicle that is unsafe.Maximum
penalty—$6000.(2)For the purposes of subsection (1), a
heavy vehicle is unsafeonly if the condition of the vehicle,
or any of its componentsor equipment—(a)makes the use of the vehicle unsafe;
or(b)endangers public safety.(3)Subsection (1) does not apply to a
heavy vehicle for which avehicle defect notice is in force and
that is being moved inaccordance with the terms of the
notice.Current as at [Not applicable]Page
167
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule90Requirement about properly operating
emission controlsystem(1)A
person must not use, or permit to be used, on a road a heavyvehicle that is not fitted with an emission
control system foreachrelevantemissionifandasrequiredbyanapplicableheavy vehicle
standard.Maximum penalty—$3000.(2)A
person must not use, or permit to be used, on a road a heavyvehiclefittedwithanemissioncontrolsystemthatisnotoperating in
accordance with the manufacturer’s design.Maximum
penalty—$3000.(3)A person must not use, or permit to be
used, on a road a heavyvehicle fitted with an emission
control system if the operationof the system
results in a failure to comply with an applicableheavy vehicle standard (whether in relation
to the vehicle or inrelation to the system).Maximum penalty—$3000.(4)Subsections (2) and (3) do not apply to a
heavy vehicle that—(a)is on a journey to a place for the
repair of the emissioncontrolsystemoranyofthevehicle’scomponentsorequipmentthataffecttheoperationoftheemissioncontrol system;
and(b)istravellingonthemostdirectorconvenientroutetothat place from the place where the
journey began.(5)The national regulations may prescribe
testing standards forrelevant emissions from heavy
vehicles.(6)In this section—emission control
systemmeans a device or system fitted to aheavy vehicle that reduces the emission of a
relevant emissionfrom the vehicle.Page 168Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule91Person must not tamper with emission
control systemfitted to heavy vehicle(1)Apersonmustnottamperwithanemissioncontrolsystemfitted to a
heavy vehicle.Maximum penalty—$10000.(2)Anoperatorofaheavyvehiclemustnotuseorpermitthevehicle to be used on a road if the
vehicle is fitted with anemissioncontrolsystemthattheoperatorknowsoroughtreasonably to
know has been tampered with in contraventionof subsection
(1).Maximum penalty—$10000.(3)Subsection (1) does not apply to—(a)conductassociatedwithrepairingamalfunctioningemissioncontrolsystemormaintaininganemissioncontrol system;
or(b)anauthorisedofficerwhenexercisingfunctionsunderthis Law.(4)Subsection (2) does not apply to a
heavy vehicle that—(a)is on a journey to a place for the
repair of the emissioncontrolsystemoranyofthevehicle’scomponentsorequipmentthataffecttheoperationoftheemissioncontrol system;
and(b)istravellingonthemostdirectorconvenientroutetothat place from the place where the
journey began.(7)In this section—emission control
systemmeans a device or system fitted to aheavy vehicle that reduces the emission of a
relevant emissionfrom the vehicle.tamper,withanemissioncontrolsystemfittedtoaheavyvehicle, means alter, damage, remove,
override or otherwiseinterfere with—(a)thesysteminawaythatrendersthesystemtotallyineffectiveorlesseffectivethanasprovidedbyanCurrent as at [Not applicable]Page
169
Heavy
Vehicle National Law Act 2012Scheduleapplicable heavy vehicle standard or (in the
absence ofan applicable heavy vehicle standard) as
designed; or(b)the vehicle or any component of the
vehicle in a waythatrendersthesystemtotallyineffectiveorlesseffectivethanasprovidedbyanapplicableheavyvehiclestandardor(intheabsenceofanapplicableheavy vehicle
standard) as designed.Notauthorised—indicativeonly92Display of warning signs required by
heavy vehiclestandards on vehicles to which the
requirement does notapply(1)This
section applies if, under the heavy vehicle standards, awarning sign is required to be displayed on
a heavy vehicle ofa particular type, size or
configuration.(2)A person must not use, or permit to be
used, on a road a heavyvehicle that has the warning sign
displayed on it unless thevehicle is of the particular type,
size or configuration.Maximum penalty—$3000.(3)In this section—warningsignmeansasignindicatingthatthevehicletowhichitisattachedisofaparticulartype,sizeorconfiguration.Example of
warning sign—Asign(consistingof 1or
more parts) showingthewords‘LONGVEHICLE’ or ‘ROAD TRAIN’.93Person must not tamper with speed
limiter fitted to heavyvehicle(1)A
person must not tamper with a speed limiter that is requiredunderanAustralianroadlaworbyorderofanAustraliancourt to be, and
is, fitted to a heavy vehicle.Maximum
penalty—$10000.(2)A person must not fit, or direct the
fitting of, a speed limiter toa heavy vehicle
in circumstances where the person knows oroughtreasonablytoknowthatthespeedlimiterhasbeenPage 170Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Scheduletamperedwithinsuchawaythat,haditbeenfittedtothevehicle at the
time of the tampering, an offence would havebeen committed
against subsection (1).Maximum penalty—$10000.(3)Anoperatorofaheavyvehiclemustnotuseorpermitthevehicle to be used on a road if the operator
knows, or oughtreasonably to know, that a speed limiter
fitted to the vehicle,asrequiredunderanAustralianroadlaworbyorderofanAustralian court, has been tampered
with in contravention ofsubsection (1)orfittedtothevehicleincontraventionofsubsection (2).Maximum
penalty—$10000.(4)Subsections (1) and (2) do not apply
to—(a)conductassociatedwithrepairingamalfunctioningspeed limiter or
maintaining a speed limiter; or(b)anauthorisedofficerwhenexercisingfunctionsunderthis Law.(5)Subsection (3) does not apply to a
heavy vehicle that—(a)isonajourneytoaplacefortherepairofthespeedlimiter or any
of the vehicle’s components or equipmentthat affect the
operation of the speed limiter; and(b)istravellingonthemostdirectorconvenientroutetothat place from the place where the
journey began.(6)Subsection (3)applieswhetherornotapersonhasbeenproceededagainstorfoundguiltyofanoffenceagainstsubsection (1)
or (2) in relation to the tampering.(9)In
this section—speed limitermeans a device
or system that is used to limit themaximum road
speed of a heavy vehicle to which it is fittedand that
complies with any applicable heavy vehicle standard.tamper, with a speed
limiter fitted to a heavy vehicle, meansalter, damage,
remove, override or otherwise interfere with thespeed limiter in a way that—Current as at [Not applicable]Page
171
Heavy
Vehicle National Law Act 2012Schedule(a)enables the vehicle to be driven at a
speed higher thanthespeedpermittedbyanapplicableheavyvehiclestandard;
or(b)alters,ormayalter,anyinformationrecordedbythespeed limiter;
or(c)results,ormayresult,inthespeedlimiterrecordinginaccurate
information.Notauthorised—indicativeonlyChapter 4Vehicle
operations—mass,dimension and loadingPart 4.1Preliminary94Main
purposes of Ch 4(1)The main purposes of this Chapter
are—(a)to improve public safety by decreasing
risks to publicsafety caused by excessively loaded or
excessively largeheavy vehicles; and(b)to
minimise any adverse impact of excessively loaded orexcessively large heavy vehicles on road
infrastructureor public amenity.(2)The
purposes are achieved by—(a)imposingmassrequirementsforheavyvehicles,particular components of heavy vehicles, and
loads onheavy vehicles; and(b)imposingdimensionrequirementsonheavyvehiclesincludingonthevehicles(togetherwithequipment),components or
loads; and(c)imposingrequirementsaboutsecuringloadsonheavyvehicles;
andPage 172Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(d)restrictingaccesstoroadsbyheavyvehiclesofaparticularmass,sizeorconfigurationevenifthevehicles comply
with the mass requirements, dimensionrequirementsandotherrequirementsmentionedinparagraphs (a) to (c).(3)However,thisChapterrecognisesthattheuseofparticularheavyvehiclesthatdonotcomplywiththemassrequirements,
dimension requirements and other requirementsmentionedinsubsection (2)(a)to(c)maybepermittedonroadsinparticularcircumstancesandsubjecttoparticularconditions—(a)to
allow for—(i)the efficient road transport of goods
or passengersby heavy vehicles; or(ii)theefficientuseoflargeheavyvehiclesthataretransporting neither goods nor
passengers and needto use roads for special uses; and(b)without compromising the achievement
of the purposes.Part 4.2Mass
requirementsDivision 1Requirements95Prescribed mass requirements(1)Thenationalregulationsmayprescriberequirements(theprescribed mass requirements)
about the following—(a)the mass of
heavy vehicles;(b)the mass of components of heavy
vehicles.(2)Withoutlimitingsubsection (1),theprescribedmassrequirements may include the
following—(a)requirements about mass limits
relating to—(i)the tare mass of heavy vehicles;
orCurrent as at [Not applicable]Page
173
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Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(ii)themassofheavyvehiclestogetherwiththeirloads; or(iii)the mass on
tyres, axles or axle groups of heavyvehicles;(b)requirements about mass limits
relating to axle spacing;(c)generalmasslimitsapplyingtoheavyvehiclesorcomponents of heavy vehicles.(3)Also,withoutlimitingsubsection
(1)or(2),theprescribedmass
requirements may—(a)include mass limits that are to apply
only to particularareas or routes; and(b)authorise or require the Regulator to decide
the areas orroutes to which the mass limits are to
apply.(4)The national regulations may prescribe
requirements (that arenot prescribed mass requirements)
about the use on roads ofheavyvehiclesunderparticularmasslimits,including,forexample—(a)a
requirement that drivers of heavy vehicles using thevehiclesundermasslimitsapplyingonlytoparticularareas or routes
decided by the Regulator must complywith conditions
on the use of heavy vehicles on roadsunderthemasslimitsimposedbytheRegulator(including
conditions required by road managers for theroads);
and(b)arequirementthatdriversofheavyvehicleswhoaredrivingthevehiclesunderparticularmasslimitsmustcarry particular documents; and(c)a requirement that a particular
document or other thingmustbedisplayedonheavyvehiclesusedunderparticular mass limits.(5)In
this section—tare mass, of a heavy
vehicle, means the mass of the vehiclethat—(a)is ready for service; andPage
174Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)is fitted with all standard equipment,
together with anyoptions that are fitted; and(c)is unoccupied and unladen; and(d)hasallfluidreservoirs(otherthanforfuel)filledtonominal capacity; and(e)has10litresoffuelin thefuelreservoirorreservoirs(but excluding
any loaded fuel in excess of 10 litres).96Compliance with mass requirements(1)Apersonwhodrives,orpermitsanotherpersontodrive,aheavyvehicleonaroadmustensurethevehicle,andthevehicle’scomponentsandload,complywiththemassrequirements
applying to the vehicle, unless the person has areasonable excuse.Maximum
penalty—(a)for a minor risk breach—$4000;
or(b)for a substantial risk breach—$6000;
or(c)forasevereriskbreach—$10000,plusanadditionalmaximum$500foreveryadditional1%overa120%overload(butsothattheadditionalmaximumpenaltydoes not exceed
$20000).(4)If a PBS vehicle is authorised by its
PBS vehicle approval tohave a mass limit that exceeds a limit
that would otherwiseapply to the vehicle under a
prescribed mass requirement, theauthorisedlimitistakentobetheapplicablelimit,andthevehicle is
regarded for the purposes of this Law as complyingwith
the prescribed mass requirement.(5)ThissectiondoesnotapplytoaspecifiedPBSvehicleasdefined in section 136(2).Note—If a specified
PBS vehicle does not comply with the mass requirementsapplying to the vehicle, it would be a class
2 heavy vehicle and could bedealt with under
section 137.Current as at [Not applicable]Page
175
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012ScheduleDivision 2Categories of breaches of massrequirements97Definitions for Div 2In this
Division—severeriskbreachlowerlimit,foraparticularmassrequirementapplyingtoaheavyvehicle,meansamassequalling120%ofthemaximummass(roundeduptothenearest0.1t)permittedforthevehicleunderthatmassrequirement.substantialriskbreachlowerlimit,foraparticularmassrequirement applying to a heavy vehicle,
means the higher ofthe following—(a)a
mass equalling 105% of the maximum mass (roundedup
to the nearest 0.1t) permitted for the vehicle underthat
mass requirement;(b)0.5t.98Minor
risk breachA contravention of a mass requirement
applying to a heavyvehicleisaminorriskbreachifthesubjectmatterofthecontraventionislessthanthesubstantialriskbreachlowerlimit for the requirement.99Substantial risk breachA
contravention of a mass requirement applying to a heavyvehicle is asubstantial risk
breachif the subject matter of thecontravention is—(a)equal to or greater than the substantial
risk breach lowerlimit for the requirement; and(b)lessthanthesevereriskbreachlowerlimitfortherequirement.Page 176Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012Schedule100Severe risk breachA contravention
of a mass requirement applying to a heavyvehicleisasevereriskbreachifthesubjectmatterofthecontravention is equal to or greater
than the severe risk breachlower limit for
the requirement.Notauthorised—indicativeonlyPart
4.3Dimension requirementsDivision 1Requirements101Prescribed dimension requirements(1)Thenationalregulationsmayprescriberequirements(theprescribed dimension requirements)
about the following—(a)thedimensionsofaheavyvehicle(togetherwithitsequipment);(b)the
dimensions of a component of a heavy vehicle;(c)the
dimensions of a heavy vehicle’s load.(2)Withoutlimitingsubsection (1),theprescribeddimensionrequirements may include requirements about
the following—(a)thedimensionsofaheavyvehicle(togetherwithitsequipment) disregarding its
load;(b)thedimensionsofaheavyvehicletogetherwithitsequipment and load;(c)the dimensions by which a heavy
vehicle’s load projectsfrom the vehicle;(d)the
internal measurements of a heavy vehicle, including,for
example—(i)thedistancebetweencomponentsofthevehicle;and(ii)for a
combination, the distance between—(A)the
component vehicles of the combination;orCurrent as at [Not applicable]Page
177
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(B)a
component vehicle of the combination andacomponentofanothercomponentvehicleof the
combination.(3)Thenationalregulationsmayalsoprescriberequirements(that are not
prescribed dimension requirements) about the useofavehicletowhichadimensionrequirementapplies,including, for example, requirements about
the use of signsand warning devices.102Compliance with dimension
requirements(1)Apersonwhodrives,orpermitsanotherpersontodrive,aheavyvehicleonaroadmustensurethevehicle,andthevehicle’scomponentsandload,complywiththedimensionrequirements
applying to the vehicle, unless the person has areasonable excuse.Maximum
penalty—(a)if the heavy vehicle does not have
goods or passengersin it—$3000; or(b)if
the heavy vehicle has goods or passengers in it—(i)for a minor risk breach—$3000;
or(ii)for a
substantial risk breach—$5000; or(iii)for
a severe risk breach—$10000.(4)If a
PBS vehicle is authorised by its PBS vehicle approval tohave
a dimension that exceeds a dimension limit that wouldotherwise apply to the vehicle under a
prescribed dimensionrequirement,theauthoriseddimensionistakentobetheapplicabledimension,andthevehicleisregardedforthepurposesofthisLawascomplyingwiththeprescribeddimension
requirement.Page 178Current as at
[Not applicable]
Division 2Heavy Vehicle
National Law Act 2012ScheduleCategories of
breaches ofdimension requirementsNotauthorised—indicativeonly103Application of Div 2ThisDivisionappliestoaheavyvehicleonlywhileitiscarrying goods
or passengers.104Definitions for Div 2In
this Division—severe risk breach lower limitmeans—(a)foraparticulardimensionrequirementapplyingtoaheavyvehiclerelatingtoitslength—thelengthequalling the maximum length permitted for
the vehicleunder the dimension requirement plus 600mm;
or(b)foraparticulardimensionrequirementapplyingtoaheavy vehicle
relating to its width—the width equallingthe maximum
width permitted for the vehicle under thedimension
requirement plus 80mm; or(c)foraparticulardimensionrequirementapplyingtoaheavyvehiclerelatingtoitsheight—theheightequalling the maximum height permitted for
the vehicleunder the dimension requirement plus 300mm;
or(d)foraparticulardimensionrequirementapplyingtoaheavyvehiclerelatingtoitsloadprojection—theprojection of
the vehicle’s load equalling the maximumload projection
permitted from any side of the vehicleunder the
dimension requirement plus 80mm.substantial risk
breach lower limitmeans—(a)foraparticulardimensionrequirementapplyingtoaheavyvehiclerelatingtoitslength—thelengthequalling the maximum length permitted for
the vehicleunder the dimension requirement plus 350mm;
or(b)foraparticulardimensionrequirementapplyingtoaheavy vehicle
relating to its width—the width equallingCurrent as at [Not
applicable]Page 179
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedulethe maximum
width permitted for the vehicle under thedimension
requirement plus 40mm; or(c)foraparticulardimensionrequirementapplyingtoaheavyvehiclerelatingtoitsheight—theheightequalling the maximum height permitted for
the vehicleunder the dimension requirement plus 150mm;
or(d)foraparticulardimensionrequirementapplyingtoaheavyvehiclerelatingtoitsloadprojection—theprojection of
the vehicle’s load equalling the maximumload projection
permitted from any side of the vehicleunder the
dimension requirement plus 40mm.105Minor
risk breachAcontraventionofadimensionrequirementapplyingtoaheavy vehicle is
aminor risk breachif—(a)thedimensionrequirementrelatestothevehicle’sground clearance; or(b)foracontraventionofanyotherdimensionrequirement—the subject matter of the
contravention isless than the substantial risk breach lower
limit for therequirement.106Substantial risk breach(1)Acontraventionofadimensionrequirementapplyingtoaheavy vehicle is
asubstantial risk breachif—(a)the subject matter of the
contravention is—(i)equaltoorgreaterthanasubstantialriskbreachlower limit for
the requirement; and(ii)less than the
severe risk breach lower limit for therequirement;
or(b)therequirementisasubstantialriskbreachofadimension requirement under subsection
(2) or (3).Page 180Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(2)Acontraventionofadimensionrequirementapplyingtoaheavy vehicle
relating to its length is asubstantial risk
breachif—(a)the
contravention would only be a minor risk breach ofthedimensionrequirementifthissubsectionwerenotenacted; and(b)either—(i)the
rear of the vehicle’s load does not carry a signorwarningdevicerequiredbythenationalregulations;
or(ii)thevehicle’sloadprojectsinawaythatisdangerous to persons or
property.(3)Acontraventionofadimensionrequirementapplyingtoaheavy vehicle
relating to its width is asubstantial risk breachif—(a)the
contravention would only be a minor risk breach ofthedimensionrequirementifthissubsectionwerenotenacted; and(b)the
contravention happens—(i)at night;
or(ii)inhazardousweatherconditionscausingreducedvisibility.Note—See
also section 108(3).107Severe risk breach(1)Acontraventionofadimensionrequirementapplyingtoaheavy vehicle is
asevere risk breachif—(a)thesubjectmatterofthecontraventionisequaltoorgreaterthanthesevererisk
breachlowerlimitforthedimension
requirement; or(b)thecontraventionisasevereriskbreachofthedimension requirement under subsection
(2) or (3).Current as at [Not applicable]Page
181
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(2)Acontraventionofadimensionrequirementapplyingtoaheavy vehicle
relating to its length is asevere risk
breachif—(a)thecontraventionwouldonlybeasubstantialriskbreachofthedimensionrequirementasprovidedbysection 106(1)(a)ifthissubsectionwerenotenacted;and(b)either—(i)the
rear of the vehicle’s load does not carry a signorwarningdevicerequiredbythenationalregulations;
or(ii)the vehicle’s
load projects from it in a way that isdangerous to
persons or property.(3)Acontraventionofadimensionrequirementapplyingtoaheavy vehicle
relating to its width is asevere risk breachif—(a)thecontraventionwouldonlybeasubstantialriskbreachofthedimensionrequirementasprovidedbysection 106(1)(a)ifthissubsectionwerenotenacted;and(b)either—(i)the
contravention happens—(A)at night;
or(B)inhazardousweatherconditionscausingreduced visibility; or(ii)the
vehicle’s load projects from it in a way that isdangerous to persons or property.Division 3Other provisions
relating to loadprojections108Dangerous projections taken to be
contravention ofdimension requirement(1)This
section applies if a heavy vehicle’s load projects in a waythat
is dangerous to persons or property even if all dimensionPage
182Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedulerequirements,andallwarningandotherrequirementsprescribed by
the national regulations, are met.(2)The
projection of the load is taken to be—(a)a
contravention of a dimension requirement; and(b)aminorriskbreachofthatrequirementunlesssubsection (3) applies.(3)The
projection of the load is taken to be—(a)a
contravention of a dimension requirement; and(b)asubstantialriskbreachofthatrequirementifthecontravention happens—(i)at night; or(ii)inhazardousweatherconditionscausingreducedvisibility.109Warning signals required for rear projection
of loads(1)This section applies if—(a)a load projects more than 1.2m behind
a heavy vehicleconsisting of only a motor vehicle;
or(b)a load projects more than 1.2m behind
either the towingvehicle or a trailer in a heavy combination;
or(c)aloadprojectsfromapole-typetrailerinaheavycombination; or(d)aloadprojectsfromaheavyvehicleinawaythatitwouldnotbereadilyvisibletoapersonfollowingimmediately
behind the vehicle.(2)A person must not use the heavy
vehicle, or permit the heavyvehicle to be
used, on a road unless—(a)duringthedaytime—abrightlycolouredred,redandyellow,oryellowflagatleast300mmby300mmisfixed to the extreme back of the load;
or(b)at night—a light showing a clear red
light to the back,visibleatadistanceofatleast200m,isfixedtotheextreme back of the load.Current as at [Not applicable]Page
183
Heavy
Vehicle National Law Act 2012ScheduleMaximum penalty—$3000.Notauthorised—indicativeonlyPart 4.4Loading
requirementsDivision 1Requirements110National regulations may prescribe loading
requirements(1)Thenationalregulationsmayprescriberequirements(theloadingrequirements)aboutsecuringaloadonaheavyvehicle or a
component of a heavy vehicle.(2)Without limiting subsection (1), the loading
requirements mayincluderequirementsabouttherestraintorpositioningofaload or any part of it on a motor
vehicle or trailer.111Compliance with loading
requirements(1)Apersonwhodrives,orpermitsanotherpersontodrive,aheavyvehicleonaroadmustensurethevehicle,andthevehicle’scomponentsandload,complywiththeloadingrequirements
applying to the vehicle, unless the person has areasonable excuse.Maximum
penalty—(a)for a minor risk breach—$3000;
or(b)for a substantial risk breach—$5000;
or(c)for a severe risk
breach—$10000.Division 2Categories of
breaches of loadingrequirements112Minor
risk breachA contravention of a loading requirement
applying to a heavyvehicle is aminor risk
breachif—Page 184Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(a)the subject matter of the
contravention does not involvea loss or
shifting of the load; and(b)had the subject
matter of the contravention involved alossorshiftingoftheload, the lossorshiftingoftheload would not have been likely to
have involved—(i)an appreciable safety risk; or(ii)an appreciable
risk of—(A)damage to road infrastructure;
or(B)causing an adverse effect on public
amenity.113Substantial risk breach(1)A contravention of a loading
requirement applying to a heavyvehicle is
asubstantial risk breachif the subject
matter of thecontravention involves a loss or shifting of
the load that doesnot involve—(a)an
appreciable safety risk; or(b)an
appreciable risk of—(i)damage to road
infrastructure; or(ii)causing an
adverse effect on public amenity.(2)A
contravention of a loading requirement applying to a heavyvehicle is also asubstantial risk
breachif—(a)the subject
matter of the contravention does not involvea loss or
shifting of the load; and(b)had the subject
matter of the contravention involved alossorshiftingoftheload, the lossorshiftingoftheload would have been likely to have
involved—(i)an appreciable safety risk; or(ii)an appreciable
risk of—(A)damage to road infrastructure;
or(B)causing an adverse effect on public
amenity.Current as at [Not applicable]Page
185
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule114Severe risk breachA contravention
of a loading requirement applying to a heavyvehicleisasevereriskbreachifthesubjectmatterofthecontravention involves a loss or
shifting of the vehicle’s loadthat
involves—(a)an appreciable safety risk; or(b)an appreciable risk of—(i)damage to road infrastructure;
or(ii)causing an
adverse effect on public amenity.Division 3Evidentiary provision115Proof of contravention of loading
requirement(1)InaproceedingforanoffenceagainstDivision1,thefollowing is evidence that a load on a
heavy vehicle was notplaced,securedorrestrainedincompliancewithaloadingrequirement
applying to the vehicle—(a)evidencethattheloadwasnotplaced,securedorrestrainedinawaythatmetaloadingperformancestandard;(b)evidence that a load, or part of a
load, has fallen off aheavy vehicle.(2)Thenationalregulationsmayprescribestandards(theloading
performance standards) for heavy vehicles.Page
186Current as at [Not applicable]
Notauthorised—indicativeonlyPart
4.5Heavy Vehicle National Law Act 2012ScheduleExemptions for
particularovermass or oversize vehiclesDivision 1Preliminary116Class
1 heavy vehicles and class 3 heavy vehicles(1)A
heavy vehicle is aclass 1 heavy vehicleif it, together
withits load, does not comply with a prescribed
mass requirementor prescribed dimension requirement applying
to it, and—(a)it is a special purpose vehicle;
or(b)itisanagriculturalvehicleotherthananagriculturaltrailer;
orNote—See subsection
(2) for agricultural trailers.(c)it—(i)isaheavyvehiclecarrying,ordesignedforthepurposeofcarrying,alargeindivisibleitem,including, for example, a combination
including alow loader; but(ii)is
not a road train or B-double, or carrying a freightcontainer designed for multi-modal
transport.(2)An agricultural trailer is aclass 1 heavy vehicle,
irrespectiveof whether it, together with its load, does
or does not complywith a prescribed mass requirement or
prescribed dimensionrequirement applying to it.(3)A heavy vehicle is aclass 3 heavy vehicleif—(a)it,togetherwithitsload,doesnotcomplywithaprescribedmassrequirementorprescribeddimensionrequirement applying to it; and(b)it is not a class 1 heavy
vehicle.(4)In this section—Current as at [Not
applicable]Page 187
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Scheduleconcrete
pumpmeans a vehicle with a component that can
beused to transfer liquid concrete by
pumping.large indivisible itemmeans an item
that—(a)can not be divided without extreme
effort, expense orrisk of damage to it; and(b)cannotbecarriedonanyheavyvehiclewithoutcontraveningamassrequirementordimensionrequirement.low
loadermeans a trailer with a loading deck no more
than1m above the ground.special purpose
vehiclemeans—(a)amotorvehicleortrailer,otherthananagriculturalvehicleoratowtruck,builtforapurposeotherthantransporting goods by road; or(b)a concrete pump or fire truck.Division 2Exemptions by
CommonwealthGazette notice117Regulator’s power to exempt category of
class 1 or 3heavy vehicles from compliance with mass or
dimensionrequirement(1)TheRegulatormay,byCommonwealthGazettenoticecomplying with
section 121, exempt, for a period of not morethan 5 years, a
stated category of class 1 heavy vehicles orclass 3 heavy
vehicles from—(a)a prescribed mass requirement;
or(b)a prescribed dimension
requirement.(2)Anexemptionundersubsection
(1)isamassordimensionexemption
(notice).Note—See Division 3
of Part 4.7 in relation to amendment, suspension orcancellation of a mass or dimension
exemption (notice).Page 188Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule118Restriction on grant of mass or
dimension exemption(notice)(1)TheRegulatormaygrantamassordimensionexemption(notice) for a category of heavy vehicles
only if—(a)the Regulator is satisfied the use of
heavy vehicles ofthatcategoryonaroadundertheexemptionwillnotpose a significant risk to public
safety; and(b)eachrelevantroadmanagerfortheexemptionhasconsented to the grant; and(c)the Regulator is satisfied all other
consents required forthe exemption under the law of the
relevant jurisdictionhave been obtained or given.(2)In deciding whether to grant a mass or
dimension exemption(notice),theRegulatormusthaveregardtotheapprovedguidelines for granting mass or dimension
exemptions.119Conditions of mass or dimension
exemption (notice)(1)A mass or dimension exemption
(notice)—(a)mustincludeaconditionabouttheareasorroutestowhich the exemption applies; and(b)issubjecttoconditionsprescribedbythenationalregulations for
the exemption; and(c)mustbesubjecttotheroadconditionsortravelconditions
required for the exemption; and(d)maybesubjecttoanyotherconditionstheRegulatorconsiders
appropriate, including, for example—(i)conditions about 1 or more matters mentioned
inSchedule 2; and(ii)withoutlimitingsubparagraph(i),intelligentaccess program
conditions; and(iii)aconditionthatthedriverofaclass1heavyvehicle or class
3 heavy vehicle who is driving thevehicleundertheexemptionmustkeepinthedriver’s possession a copy of—Current as at [Not applicable]Page
189
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(A)theCommonwealthGazettenoticefortheexemption; or(B)aninformationsheetabouttheexemptionpublishedbytheRegulatorontheRegulator’s
website.(2)Withoutlimitingsubsection(1)(a),theconditionunderthesubsection about areas or routes may
be imposed by—(a)applying by reference a stated map or
stated list, not inthe notice, prepared and published by the
relevant roadauthority or the Regulator; and(b)referring to the areas or routes shown
on the stated mapor stated list.(3)Without limiting subsection (1)(c), road
conditions or travelconditions under the subsection may be
imposed by referringto road conditions or travel
conditions shown on a stated mapor stated list
applied under subsection (2)(a).(4)If
the notice applies a stated map or stated list—(a)the
Regulator may amend the stated map or stated listpreparedandpublishedbyitandtherelevantroadauthoritymayamendthestatedmaporstatedlistpreparedandpublishedbyit,butonlybyomitting,varying or
extending—(i)the areas or routes mentioned in
subsection (2)(b);or(ii)the road
conditions or travel conditions mentionedin subsection
(3);includingbyaddingadditionalareas,routes,roadconditions or travel conditions; and(b)the Regulator must ensure a copy of
the stated map orstated list as in force from time to time
is—(i)madeavailableforinspection,withoutcharge,during normal
business hours at each office of theRegulator;
andPage 190Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(ii)published on the
Regulator’s website or publishedbywayofareferenceorlinkpublishedontheRegulator’s
website.Note—The Regulator
must publish a stated map or stated list whether theRegulator or a relevant road authority
originally prepared and publishedit as mentioned
in subsection (2).(5)Despite subsection (4)(a), a road
authority may only amend amap or list in a way that affects a
particular road if—(a)the road authority is the road manager
for the road; or(b)the road authority is not the road
manager for the roadandhasbeenadvisedbytheRegulatorthattheRegulator has obtained the consent of the
road managerfor the amendment.(6)Without limiting the conditions that may be
prescribed undersubsection (1)(b), the national regulations
may—(a)prescribe conditions that are to apply
only to particularareas or roads; and(b)authorise the Regulator to decide the areas
or roads towhich the conditions are to apply.(7)In this section—relevant road
authority, for a mass or dimension exemption(notice),meanstheroadauthorityfortheparticipatingjurisdiction in
which the road likely to be travelled under theexemption is
situated.roadconditionsmeansroadconditionsrequiredbytherelevant road
manager under section 160.travelconditionsmeanstravelconditionsrequiredbytherelevant road
manager under section 161.119AProcess for
amending a stated map or stated list(1)Thissectionappliestotheamendmentofastatedmaporstated list mentioned in section
119.Current as at [Not applicable]Page
191
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(2)ForthepurposeofanamendmentbytheRegulatoronlyadding an
additional area or route to a stated map or statedlist—(a)section 118 applies; and(b)Division 2 of Part 4.7 applies to the extent
the divisionrelates to the grant of a mass or dimension
exemption(notice); and(c)Division 3 of Part 4.7 does not
apply.(3)For the purpose of subsection (2),
section 118 and Division 2of Part 4.7 apply as if—(a)areferencetothegrantofamassordimensionexemption(notice)oramassordimensionauthoritywere
a reference to the adding of the additional area orroute; and(b)a
reference to the relevant road manager for a mass ordimensionexemption(notice)oramassordimensionauthority were a
reference to the relevant road managerfortheexemptionorauthoritythatappliesthestatedmap or stated
list.(4)Forthepurposeofanamendmentbytherelevantroadauthority only adding an additional area or
route to, or onlyremoving a road condition or travel
condition from, a statedmap or stated list, section 118 and
Part 4.7 do not apply.(5)ForthepurposeofanamendmentbytheRegulatororarelevant road authority if subsections
(2) to (4) do not apply,Division 3 of Part 4.7 applies to the
extent the Division relatesto the amendment
of a mass or dimension exemption (notice).(6)For
subsection (5), Division 3 of Part 4.7 applies as if—(a)a reference to the amendment of a mass
or dimensionauthoritywereareferencetotheamendmentofthestated map or stated list; and(b)areferencetotheRegulatorwereareferencetotheRegulatorortherelevantroadauthority,whicheverisamending the stated map or stated
list; andPage 192Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(c)a reference to the relevant road
manager for a mass ordimensionauthoritywereareferencetotherelevantroadmanagerfortheauthoritythatappliesthestatedmap or stated
list.120Period for which mass or dimension
exemption (notice)appliesA mass or
dimension exemption (notice)—(a)takes effect—(i)whentheCommonwealthGazettenoticefortheexemption is published; or(ii)ifalatertimeisstatedintheCommonwealthGazette notice,
at the later time; and(b)appliesfortheperiodstatedintheCommonwealthGazette
notice.121Requirements about Commonwealth
Gazette notice(1)ACommonwealthGazettenoticeforamassordimensionexemption
(notice) must state the following—(a)the
category of heavy vehicles to which the exemptionapplies;(b)themassrequirementordimensionrequirementtowhich the exemption applies;(c)the areas or routes to which the
exemption applies;(d)theconditionsmentionedinsection 119(1)(b),including,forexample,byreferencingtherelevantprovision of the
national regulations;(e)theroadconditionsortravelconditionsrequiredbyarelevantroadmanagerfortheexemptionundersection 160 or
161;(f)the other conditions of the
exemption;(g)the period for which the exemption
applies.Current as at [Not applicable]Page
193
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(2)TheRegulatormustpublishacopyoftheCommonwealthGazette notice
on the Regulator’s website.Division 3Exemptions by permit122Regulator’s power to exempt particular class
1 or class 3heavy vehicle from compliance with mass or
dimensionrequirement(1)The
Regulator may, by giving a person a permit as mentionedinsection 127,exempt,foraperiodofnotmorethan3years—(a)a
class 1 heavy vehicle or class 3 heavy vehicle fromcompliance with—(i)a
prescribed mass requirement; or(ii)a
prescribed dimension requirement; or(b)a
class 1 heavy vehicle or class 3 heavy vehicle from arequirementrelatingtotheGCMofthevehicle,ifsubsection (2) applies.(2)TheRegulatormay,undersubsection (1),exemptaclass1heavy vehicle or class 3 heavy vehicle that
includes 2 or moreprimemoversor2ormorehaulingunitsfromcompliancewith a mass
requirement relating to the GCM of the individualprime movers or hauling units if the total
GCM of the primemovers or hauling units complies with the
mass requirementrelating to the GCM of the combined prime
movers or haulingunits.(3)Anexemptionundersubsection (1)isamassordimensionexemption
(permit).(4)A mass or
dimension exemption (permit) may apply to 1 ormore heavy
vehicles.Note—See Division 4
of Part 4.7 in relation to amendment, suspension orcancellation of a mass or dimension
exemption (permit).Page 194Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule123Application for mass or dimension
exemption (permit)(1)A person may apply to the Regulator
for a mass or dimensionexemption (permit).(2)The application must be—(a)in the approved form; and(b)accompanied by the prescribed fee for
the application.(3)The Regulator may, by notice given to
the applicant, requirethe applicant to give the Regulator
any additional informationthe Regulator reasonably requires to
decide the application.124Restriction on
grant of mass or dimension exemption(permit)(1)TheRegulatormaygrantamassordimensionexemption(permit) for a heavy vehicle only if—(a)the Regulator is satisfied the use of
the heavy vehicle ona road under the exemption will not
pose a significantrisk to public safety; and(b)eachrelevantroadmanagerfortheexemptionhasconsented to the grant; and(c)the Regulator is satisfied all other
consents required forthe exemption under the law of the
relevant jurisdictionhavebeenobtainedbytheapplicantorhavebeenotherwise given.(2)In
deciding whether to grant a mass or dimension exemption(permit),theRegulatormusthaveregardtotheapprovedguidelines for granting mass or dimension
exemptions.125Conditions of mass or dimension
exemption (permit)(1)A mass or dimension exemption
(permit)—(a)mustincludeaconditionabouttheareasorroutestowhich the exemption applies; and(b)issubjecttoconditionsprescribedbythenationalregulations for
the exemption; andCurrent as at [Not applicable]Page
195
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(c)mustbesubjecttotheroadconditionsortravelconditions
required by a relevant road manager for theexemption under
section 160 or 161; and(d)maybesubjecttoanyotherconditionstheRegulatorconsiders
appropriate, including, for example—(i)conditions about 1 or more matters mentioned
inSchedule 2; and(ii)withoutlimitingsubparagraph(i),intelligentaccess program
conditions.(2)Without limiting the conditions that
may be prescribed undersubsection (1)(b), the national
regulations may—(a)prescribe conditions that are to apply
only to particularareas or roads; and(b)authorise the Regulator to decide the areas
or roads towhich the conditions are to apply.126Period for which mass or dimension
exemption (permit)applies(1)Amassordimensionexemption(permit)appliesfortheperiod stated in
the permit for the exemption.(2)The
period may be less than the period sought by the applicantfor
the mass or dimension exemption (permit).127Permit for mass or dimension exemption
(permit) etc.(1)IftheRegulatorgrantsamassordimensionexemption(permit) to a person, the Regulator must
give the person—(a)a permit for the exemption; and(b)iftheRegulatorhasimposedconditionsontheexemptionundersection 125(1)(a),(c)or(d)orhasgranted the exemption for a period
less than the periodofnotmorethan3yearssoughtbytheperson—aninformationnoticeforthedecisiontoimposetheconditions or grant the exemption for the
shorter period.Page 196Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012ScheduleNote—Seesections 164and165fortherequirementsforaninformation notice relating to the
imposition of a road conditionor travel
condition at the request of a relevant road manager.(2)A permit for a mass or dimension
exemption (permit) muststate the following—(a)the name of the person to whom the
permit is given;(b)adescriptionofeachheavyvehicletowhichtheexemption applies, including the
registration number ofthe vehicle if it is
registered;(c)themassrequirementordimensionrequirementtowhich the exemption applies;(d)the areas or routes to which the
exemption applies;(e)theconditionsmentionedinsection 125(1)(b),including,forexample,byreferencingtherelevantprovision of the
national regulations;(f)theroadconditionsortravelconditionsrequiredbyarelevantroadmanagerfortheexemptionundersection 160 or
161;(g)the other conditions of the
exemption;(h)the period for which the exemption
applies.128Refusal of application for mass or
dimension exemption(permit)IftheRegulatorrefusesanapplicationforamassordimensionexemption(permit),theRegulatormustgivetheapplicant an information notice for the
decision to refuse theapplication.Note—See
section 166 for the requirements for an information notice
relatingto a relevant road manager’s decision not to
give consent to the grant ofa mass or
dimension exemption (permit).Current as at [Not
applicable]Page 197
Heavy
Vehicle National Law Act 2012ScheduleDivision 4Operating under
mass or dimensionexemptionNotauthorised—indicativeonly129Contravening
condition of mass or dimension exemptiongenerally(1)The driver or operator of a heavy
vehicle being used on a roadunder a mass or
dimension exemption must not contravene acondition of the
exemption.Maximum penalty—$6000.(2)A
person must not use, or permit to be used, on a road a heavyvehicle that contravenes a condition of a
mass or dimensionexemption applying to the vehicle.Maximum penalty—$6000.(3)Apersonmustnotuseaheavyvehicle,orpermitaheavyvehicletobeused,onaroadinawaythatcontravenesacondition of a mass or dimension exemption
applying to thevehicle.Maximum
penalty—$6000.(4)ApersondoesnotcommitanoffenceagainstthisLawinrelation to a heavy vehicle
contravening a mass requirementor dimension
requirement if—(a)thevehicleisexempt,underamassordimensionexemption, from
compliance with the mass requirementor dimension
requirement; and(b)thevehicle,anditsuseonaroad,complieswiththeconditions of the exemption.(5)However, if a person commits a
condition offence—(a)the exemption does not operate in the
person’s favourwhilethecontraventionconstitutingtheoffencecontinues;
and(b)the exemption must be disregarded in
deciding—(i)whetherthepersonhascommittedanoffenceinrelation to a contravention of a mass
requirementPage 198Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Scheduleordimensionrequirementapplyingtoaheavyvehicle; and(ii)the
risk category for the contravention.(6)If,becauseoftheoperationofsubsection (5),apersoncommits an
offence against a provision of this Law (theotheroffenceprovision)inrelationtoamassrequirementordimension requirement to which an exemption
under this Partapplies, the person—(a)may
be charged with the condition offence or an offenceagainst the other offence provision;
but(b)must not be charged with both
offences.(7)Subsection (1)doesnotapplytoaconditionmentionedinsection 132(1).(8)In
this section—conditionoffencemeansanoffenceagainstsubsection (1),(2) or
(3).130Contravening condition of mass or
dimension exemptionrelating to pilot or escort vehicle(1)Thissectionappliesifamassordimensionexemptionissubject to a condition requiring a
heavy vehicle to which theexemptionappliestobeaccompaniedbyapilotvehicleorescort vehicle while the heavy vehicle
is used on a road.(2)The driver of the pilot vehicle or
escort vehicle accompanyingtheheavyvehiclemustcomplywiththeconditionsofthemassordimensionexemptionabouttheuseofthepilotvehicle or
escort vehicle.Maximum penalty—$6000.(3)Theoperatoroftheheavyvehiclemustensure,sofarasisreasonablypracticable,thedriverofthepilotvehicleorescort vehicle complies with
subsection (2).Maximum penalty—$6000.Current as at [Not
applicable]Page 199
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule131Using
pilot vehicle with a heavy vehicle that contravenescertain conditions of mass or dimension
exemption(1)The driver of a pilot vehicle must
ensure the pilot vehicle doesnot accompany a
heavy vehicle to which a mass or dimensionexemption
applies if the heavy vehicle, or its use on a road,contravenes a condition of the exemption
because the heavyvehicle—(a)travels on a route not allowed under the
exemption; or(b)travelsatatimeotherthanatimeallowedundertheexemption; or(c)isaccompaniedbyfewerthanthenumberofpilotorescort vehicles required under the
exemption.Maximum penalty—$6000.(2)If a
person is both the driver of a pilot vehicle accompanying aheavyvehicletowhichamassordimensionexemptionapplies and an operator of the heavy
vehicle, the person may,inrelationtotheheavyvehicleoritsuseonaroadcontraveningaconditionoftheexemptionofthekindcontemplatedbysubsection (1),beprosecutedundersection 129 or subsection (1), but not
both.132Keeping relevant document while
driving under mass ordimension exemption (notice)(1)Thissectionappliesifamassordimensionexemption(notice) is subject to the condition that
the driver of a class 1heavyvehicleorclass3heavyvehiclewhoisdrivingthevehicle under the exemption must keep
a relevant document inthe driver’s possession.(2)A driver of the class 1 heavy vehicle
or class 3 heavy vehiclewhoisdrivingthevehicleunderthemassordimensionexemption
(notice) must comply with the condition.Maximum
penalty—$3000.(3)Each relevant party for a driver
mentioned in subsection (2)mustensurethedrivercomplieswithsubsection(2),unlessthe relevant
party has a reasonable excuse.Page 200Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012ScheduleMaximum penalty—$3000.(7)In
this section—relevantdocument,foramassordimensionexemption(notice), means a copy of—(a)the Commonwealth Gazette notice for
the exemption; or(b)an information sheet about the
exemption published bythe Regulator on the Regulator’s
website.relevantparty,forthedriverofaclass1heavyvehicleorclass 3 heavy vehicle, means—(a)an employer of the driver if the
driver is an employeddriver; or(b)aprimecontractorofthedriverifthedriverisaself-employed driver; or(c)anoperatorofthevehicleifthedriverismakingajourney for the operator.133Keeping copy of permit while driving
under mass ordimension exemption (permit)(1)The driver of a class 1 heavy vehicle
or class 3 heavy vehiclewhoisdrivingthevehicleunderamassordimensionexemption(permit)mustkeepacopyofthepermitfortheexemption in the driver’s
possession.Maximum penalty—$3000.(2)If
the driver of a class 1 heavy vehicle or class 3 heavy
vehicleis driving the vehicle under a mass or
dimension exemption(permit)grantedtoarelevantpartyforthedriverandtherelevant party has given the driver a
copy of a permit for thepurposeofsubsection (1),thedrivermust,assoonasreasonably practicable, return the copy to
the relevant party ifthe driver stops working for the
relevant party.Maximum penalty—$4000.(3)Each
relevant party for a driver mentioned in subsection (1)mustensurethedrivercomplieswithsubsection(1),unlessthe relevant
party has a reasonable excuse.Current as at [Not
applicable]Page 201
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012ScheduleMaximum
penalty—$3000.(7)In this section—relevantparty,forthedriverofaclass1heavyvehicleorclass 3 heavy vehicle, means—(a)an employer of the driver if the
driver is an employeddriver; or(b)aprimecontractorofthedriverifthedriverisaself-employed driver; or(c)anoperatorofthevehicleifthedriverismakingajourney for the operator.Division 5Other
provision134Displaying warning signs on vehicles
if not required bydimension exemption(1)Aheavyvehiclewarningsignmustnotbedisplayedonaheavyvehicleunlessitisbeingusedunderadimensionexemption.Maximum
penalty—$3000.(2)Apilotvehiclewarningsignmustnotbedisplayedonavehicle unless
it is being used as a pilot vehicle for a heavyvehicle being
used under a dimension exemption.Maximum
penalty—$3000.(3)In this section—dimensionexemptionmeansanexemptionunderthisPartfrom
compliance with a dimension requirement.heavy vehicle
warning signmeans a warning sign requiredunderthenationalregulationstobeattachedtoaheavyvehicle being
used under a dimension exemption.pilotvehiclewarningsignmeansawarningsignrequiredunder the
national regulations to be attached to a vehicle beingused
as a pilot vehicle for a heavy vehicle being used under adimension exemption.Page 202Current as at [Not applicable]
Notauthorised—indicativeonlyPart
4.6Heavy Vehicle National Law Act 2012ScheduleRestricting
access to roads bylarge vehicles that are notovermass or oversize vehiclesDivision 1Preliminary135Main
purpose of Pt 4.6The main purpose of this Part is to restrict
access to roads byheavy vehicles that, while complying with
mass requirementsand dimension requirements applying to them,
may, becauseof their size—(a)endanger public safety; or(b)damage road infrastructure; or(c)adversely affect public
amenity.136Class 2 heavy vehicles(1)A heavy vehicle is aclass 2 heavy vehicleif—(a)it—(i)complieswiththeprescribedmassrequirementsand prescribed
dimension requirements applying toit; and(ii)is—(A)a B-double; or(B)a
road train; or(C)abus,otherthananarticulatedbus,thatislonger than 12.5m; or(D)acombinationdesignedandbuilttocarryvehicles on more
than 1 deck that, togetherwithitsloadislongerthan19morhigherthan
4.3m; orCurrent as at [Not applicable]Page
203
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(E)amotorvehicle,oracombination,thatishigher than 4.3m and is built to carry
cattle,sheep, pigs or horses; or(b)it is a PBS vehicle other than a
specified PBS vehicle.(2)In this
section—specified PBS vehiclemeans a PBS
vehicle that—(a)is not a bus; and(b)is
not longer than 20m; and(c)isthesubjectofacurrentPBSvehicleapprovalatperformance level 1; and(d)complies with the PBS vehicle
approval; and(e)complieswiththegeneralmasslimitsforthevehicle,regardlessofwhetherthePBSvehicleapprovalauthorises a higher mass limit.Note—General mass
limits for a vehicle may be included in prescribed massrequirements under section 95.Division 2Restriction137Using
class 2 heavy vehicleA person must not use a class 2 heavy
vehicle, or permit aclass2heavyvehicletobeused,onaroadotherthaninaccordance with a class 2 heavy
vehicle authorisation.Maximum penalty—$6000.Page
204Current as at [Not applicable]
Notauthorised—indicativeonlyDivision 3Heavy Vehicle
National Law Act 2012ScheduleAuthorisation by
CommonwealthGazette notice138Regulator’s power to authorise use of all or
statedcategories of class 2 heavy vehicles(1)TheRegulatormay,byCommonwealthGazettenoticecomplyingwithsection
142,authorise,foraperiodofnotmore than 5 years, the use of all or
stated categories of class 2heavy vehicles
in one or more of the following ways—(a)in
stated areas or on stated routes;(b)during stated hours of stated days;(c)in the case of PBS vehicles, in
accordance with a statedrequirement that the vehicles are
operated in accordancewith the conditions contained in a PBS
vehicle approval.(2)Anauthorisationundersubsection (1)isaclass2heavyvehicle
authorisation (notice).Note—See
Division 3 of Part 4.7 in relation to amendment, suspension
orcancellation of a class 2 heavy vehicle
authorisation (notice).139Restriction on
grant of class 2 heavy vehicleauthorisation
(notice)(1)The Regulator may grant a class 2
heavy vehicle authorisation(notice) only
if—(a)theRegulatorissatisfiedtheuseofclass2heavyvehicles,orthestatedcategoriesofclass2heavyvehicles, on a
road under the authorisation will not posea significant
risk to public safety; and(b)eachrelevantroadmanagerfortheauthorisationhasconsented to the grant; and(c)the Regulator is satisfied all other
consents required fortheauthorisationunderthelawoftherelevantjurisdiction
have been obtained or given.Current as at [Not
applicable]Page 205
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(2)Indecidingwhethertograntaclass2heavyvehicleauthorisation (notice), the Regulator must
have regard to theapprovedguidelinesforgrantingclass2heavyvehicleauthorisations.140Conditions of class 2 heavy vehicle
authorisation (notice)A class 2 heavy vehicle authorisation
(notice)—(a)mustbesubjecttotheroadconditionsortravelconditionsrequiredbyaroadmanagerfortheauthorisation under section 160 or
161; andNote—Undersections160(1)(b)and(4),aroadmanagermayonlyrequireroadconditionsofatypeprescribedbythenationalregulations.(b)maybesubjecttootherconditionstheregulatorconsidersappropriate,including,forexample,acondition that the driver of a class 2 heavy
vehicle whois driving the vehicle under the
authorisation must keepin the driver’s possession a copy
of—(i)theCommonwealthGazettenoticefortheauthorisation; or(ii)aninformationsheetabouttheauthorisationpublishedbytheRegulatorontheRegulator’swebsite.141Period for which class 2 heavy vehicle
authorisation(notice) appliesA class 2 heavy
vehicle authorisation (notice)—(a)takes effect—(i)whentheCommonwealthGazettenoticefortheauthorisation is published; or(ii)ifalatertimeisstatedintheCommonwealthGazette notice,
at the later time; andPage 206Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)appliesfortheperiodstatedintheCommonwealthGazette
notice.142Requirements about Commonwealth
Gazette notice etc.(1)A Commonwealth Gazette notice for a
class 2 heavy vehicleauthorisation (notice) must state the
following—(a)thattheauthorisationappliestoallclass2heavyvehicles or, if
the authorisation only applies to particularcategoriesofclass2heavyvehicles,thecategoriesofclass2heavyvehiclestowhichtheauthorisationapplies;(b)the areas or routes to which the
authorisation applies;(c)the days and
hours to which the authorisation applies;(d)any
conditions applying to class 2 heavy vehicles beingused
on a road under the authorisation;(e)the
period for which the authorisation applies.(2)Withoutlimitingsubsection(1)(b),thenoticemaystatetheareas or routes under the subsection
by—(a)applying by reference a stated map or
stated list, not inthe notice, prepared and published by the
relevant roadauthority or the Regulator; and(b)referring to the areas or routes shown
on the stated mapor list.(3)Without limiting subsection (1)(d), the
notice may state roadconditionsortravelconditionsunderthesubsectionbyreferring to road conditions or travel
conditions shown on astated map or stated list applied
under subsection (2)(a).(4)TheRegulatormustpublishacopyofthenoticeontheRegulator’s website.(5)If the notice applies a stated map or
stated list—(a)the Regulator may amend the stated map
or stated listpreparedandpublishedbyitandtherelevantroadauthoritymayamendthestatedmaporstatedlistCurrent as at [Not applicable]Page
207
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlypreparedandpublishedbyit,butonlybyomitting,varying or
extending—(i)the areas or routes mentioned in
subsection (2)(b);or(ii)the road
conditions or travel conditions mentionedin subsection
(3);includingbyaddingadditionalareas,routes,roadconditions or travel conditions; and(b)the Regulator must ensure a copy of
the stated map orstated list as in force from time to time
is—(i)madeavailableforinspection,withoutcharge,during normal
business hours at each office of theRegulator;
and(ii)published on the
Regulator’s website or publishedbywayofareferenceorlinkpublishedontheRegulator’s
website.Note—The Regulator
must publish a stated map or stated list whetherthe
Regulator or a relevant road authority originally preparedand
published it as mentioned in subsection (2).(6)Despite subsection (5)(a), a road authority
may only amend amap or list in a way that affects a
particular road if—(a)the road authority is the road manager
for the road; or(b)the road authority is not the road
manager for the roadandhasbeenadvisedbytheRegulatorthattheRegulator has obtained the consent of the
road managerfor the amendment.(7)In
this section—relevantroadauthority,foraclass2heavyvehicleauthorisation(notice),meanstheroadauthorityfortheparticipatingjurisdictioninwhichtheroadlikelytobetravelled under
the authorisation is situated.roadconditionsmeansroadconditionsrequiredbytherelevant road
manager under section 160.Page 208Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Scheduletravelconditionsmeanstravelconditionsrequiredbytherelevant road
manager under section 161.142AProcess for
amending stated map or stated list(1)Thissectionappliestotheamendmentofastatedmaporstated list mentioned in section
142.(2)ForthepurposeofanamendmentbytheRegulatoronlyadding an additional area or route to a
stated map or statedlist—(a)section 139 applies; and(b)Division 2 of Part 4.7 applies to the extent
the divisionrelatestothegrantofaclass2heavyvehicleauthorisation (notice); and(c)Division 3 of Part 4.7 does not
apply.(3)For the purpose of subsection (2),
section 139 and Division 2of Part 4.7 apply as if—(a)areferencetothegrantofaclass2heavyvehicleauthorisation (notice) or a mass or
dimension authoritywere a reference to the adding of the
additional area orroute; and(b)a
reference to the relevant road manager for a class 2heavyvehicleauthorisation(notice)oramassordimensionauthoritywereareferencetotherelevantroadmanagerfortheauthorisationorauthoritythatapplies the stated map or stated
list.(4)Forthepurposeofanamendmentbytherelevantroadauthority only adding an additional area or
route to, or onlyremoving a road condition or travel
condition from, a statedmap or stated list, section 139 and
Part 4.7 do not apply.(5)ForthepurposeofanamendmentbytheRegulatororarelevant road authority if subsections
(2) to (4) do not apply,Division 3 of Part 4.7 applies to the
extent the division relatestotheamendmentofaclass2heavyvehicleauthorisation(notice).Current as at [Not applicable]Page
209
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(6)Forthepurposeofsubsection(5),Division3ofPart4.7applies as if—(a)a
reference to the amendment of a mass or dimensionauthoritywereareferencetotheamendmentofthestated map or stated list; and(b)areferencetotheRegulatorwereareferencetotheRegulatorortherelevantroadauthority,whicheverisamending the stated map or stated
list; and(c)a reference to the relevant road
manager for a mass ordimensionauthoritywereareferencetotherelevantroadmanagerfortheauthoritythatappliesthestatedmap or stated
list.Division 4Authorisation by
permit143Regulator’s power to authorise use of
a particular class 2heavy vehicle(1)The
Regulator may, by giving a person a permit as mentionedinsection 148,authorise,foraperiodofnotmorethan3years, the use of a class 2 heavy
vehicle—(a)in stated areas or on stated routes;
and(b)during stated hours of stated
days.(2)Anauthorisationundersubsection (1)isaclass2heavyvehicle
authorisation (permit).(3)A
class 2 heavy vehicle authorisation (permit) may apply to 1or
more heavy vehicles.Note—See Division 4
of Part 4.7 in relation to amendment, suspension orcancellation of a class 2 heavy vehicle
authorisation (permit).144Application for
class 2 heavy vehicle authorisation(permit)(1)ApersonmayapplytotheRegulatorforaclass2heavyvehicle
authorisation (permit).Page 210Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012Schedule(2)The application must be—(a)in the approved form; and(b)accompanied by the prescribed fee for
the application.(3)The Regulator may, by notice given to
the applicant, requirethe applicant to give the Regulator
any additional informationthe Regulator reasonably requires to
decide the application.Notauthorised—indicativeonly145Restriction on grant of class 2 heavy
vehicleauthorisation (permit)(1)The
Regulator may grant a class 2 heavy vehicle authorisation(permit) for a class 2 heavy vehicle only
if—(a)theRegulatorissatisfiedtheuseoftheclass2heavyvehicle on a
road under the authorisation will not pose asignificant risk
to public safety; and(b)eachrelevantroadmanagerfortheauthorisationhasconsented to the grant; and(c)the Regulator is satisfied all other
consents required fortheauthorisationunderthelawoftherelevantjurisdiction
have been obtained by the applicant or havebeen otherwise
given.(2)Indecidingwhethertograntaclass2heavyvehicleauthorisation (permit), the Regulator must
have regard to theapprovedguidelinesforgrantingclass2heavyvehicleauthorisations.146Conditions of class 2 heavy vehicle
authorisation (permit)A class 2 heavy vehicle authorisation
(permit)—(a)mustbesubjecttotheroadconditionsortravelconditions
required by a relevant road manager for theauthorisation
under section 160 or 161; and(b)maybesubjecttoanyotherconditionstheRegulatorconsiders
appropriate, including, for example—(i)conditions about 1 or more matters mentioned
inSchedule 2; andCurrent as at [Not
applicable]Page 211
Heavy
Vehicle National Law Act 2012Schedule(ii)withoutlimitingsubparagraph(i),intelligentaccess program
conditions.Notauthorised—indicativeonly147Period for which
class 2 heavy vehicle authorisation(permit)
applies(1)A class 2 heavy vehicle authorisation
(permit) applies for theperiod stated in the permit for the
authorisation.(2)The period may be less than the period
sought by the applicantfor the class 2 heavy vehicle
authorisation (permit).148Permit for class
2 heavy vehicle authorisation (permit)etc.(1)If the Regulator grants a class 2
heavy vehicle authorisation(permit) to a
person, the Regulator must give the person—(a)a
permit for the authorisation; and(b)iftheRegulatorhasimposedconditionsontheauthorisationundersection 146orhasgrantedtheauthorisationforaperiodlessthantheperiodofnotmore than 3 years sought by the
person—an informationnotice for the decision to impose the
conditions or grantthe authorisation for the shorter
period.Note—Seesections 164and165fortherequirementsforaninformation notice relating to the
imposition of a road conditionor travel
condition at the request of a relevant road manager.(2)Apermitforaclass2heavyvehicleauthorisation(permit)must
state the following—(a)the name and
address of the person to whom the permitis given;(b)iftheauthorisationappliestoparticularcategoriesofclass 2 heavy vehicles, the categories of
heavy vehiclesto which the authorisation applies;(c)the areas or routes to which the
authorisation applies;(d)the days and
hours to which the authorisation applies;Page 212Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012Schedule(e)theroadconditionsortravelconditionsrequiredbyarelevantroadmanagerfortheauthorisationundersection 160 or 161;(f)any
other conditions applying to a class 2 heavy vehiclebeing used on a road under the
authorisation;(g)the period for which the authorisation
applies.Notauthorised—indicativeonly149Refusal of application for class 2
heavy vehicleauthorisation (permit)IftheRegulatorrefusesanapplicationforaclass2heavyvehicleauthorisation(permit),theRegulatormustgivetheapplicant an information notice for the
decision to refuse theapplication.Note—See
section 166 for the requirements for an information notice
relatingto a road manager’s decision not to give
consent to the grant of a class 2heavy vehicle
authorisation (permit).Division 5Operating under
class 2 heavyvehicle authorisation150Contravening condition of class 2 heavy
vehicleauthorisation(1)The
driver or operator of a class 2 heavy vehicle being used ona
road under a class 2 heavy vehicle authorisation must notcontravene a condition of the
authorisation.Maximum penalty—$6000.(2)Subsection (1)doesnotapplytoaconditionmentionedinsection 151(1).151Keeping relevant document while driving
under class 2heavy vehicle authorisation (notice)(1)This section applies if a class 2
heavy vehicle authorisation(notice) is
subject to the condition that the driver of a class 2Current as at [Not applicable]Page
213
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Scheduleheavyvehiclewhoisdrivingthevehicleundertheauthorisation must keep a relevant
document in the driver’spossession.(2)Adriveroftheclass2heavyvehiclewhoisdrivingthevehicle under the class 2 heavy
vehicle authorisation (notice)must comply with
the condition.Maximum penalty—$3000.(3)Each
relevant party for a driver mentioned in subsection (2)mustensurethedrivercomplieswithsubsection(2),unlessthe relevant
party has a reasonable excuse.Maximum
penalty—$3000.(7)In this section—relevant
document, for a class 2 heavy vehicle
authorisation(notice), means a copy of—(a)the Commonwealth Gazette notice for
the authorisation;or(b)an information
sheet about the authorisation publishedby the Regulator
on the Regulator’s website.relevantparty,forthedriverofaclass2heavyvehicle,means—(a)an
employer of the driver if the driver is an employeddriver; or(b)aprimecontractorofthedriverifthedriverisaself-employed driver; or(c)anoperatorofthevehicleifthedriverismakingajourney for the operator.152Keeping copy of permit while driving
under class 2 heavyvehicle authorisation (permit)(1)Thedriverofaclass2heavyvehiclewhoisdrivingthevehicle under a class 2 heavy vehicle
authorisation (permit)mustkeepacopyofthepermitfortheauthorisationinthedriver’s possession.Maximum penalty—$3000.Page 214Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(2)If the driver of a class 2 heavy
vehicle is driving the vehicleunder a class 2
heavy vehicle authorisation (permit) granted toa relevant party
for the driver and the relevant party has giventhe driver a
copy of a permit for the purpose of subsection (1),the
driver must, as soon as reasonably practicable, return thecopy
to the relevant party if the driver stops working for therelevant party.Maximum
penalty—$4000.(3)Each relevant party for a driver
mentioned in subsection (1)mustensurethedrivercomplieswithsubsection(1),unlessthe relevant
party has a reasonable excuse.Maximum
penalty—$3000.(7)In this section—relevantparty,forthedriverofaclass2heavyvehicle,means—(a)an
employer of the driver if the driver is an employeddriver; or(b)aprimecontractorofthedriverifthedriverisaself-employed driver; or(c)anoperatorofthevehicleifthedriverismakingajourney for the operator.Editor’s note—An uncommenced
amendment in 2016 Act No. 65 amends section 153.However,theHeavyVehicleNationalLawAmendmentBill2018includes an
amendment to omit section 153.This indicative
reprint reflects the Law with section 153 omitted.Part
4.6ARestricted access vehicles153AUsing restricted access vehicle(1)A person must not use a restricted
access vehicle, or permit arestricted
access vehicle to be used, on a road unless the roadis
one on which the vehicle is allowed to be used under a massor
dimension authority applying to the vehicle.Current as at [Not
applicable]Page 215
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012ScheduleMaximum
penalty—$6000.(2)In this section—restricted
access vehiclemeans a heavy vehicle that (togetherwith
its load) is—(a)higher than 4.3m; or(b)wider than 2.5m; or(c)longer than—(i)if a
single vehicle other than an articulated bus—12.5m; or(ii)if an
articulated bus—18m; or(iii)if a
combination—19m.(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 section136).Part 4.7Particular provisions aboutmass
or dimension authoritiesDivision 1Preliminary154Definitions for Pt 4.7In this
Part—road condition—(a)means a condition directed at—(i)protecting road infrastructure;
or(ii)preventing or
minimising an adverse effect on thecommunity
arising from noise, emissions or trafficPage 216Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedulecongestionorfromothermattersstatedinapproved guidelines; or(iii)preventing or
minimising significant risks to publicsafetyarisingfromheavyvehicleusethatisincompatiblewithroadinfrastructureortrafficconditions;
but(b)does not include a condition requiring
the installation ofequipmentoranotherthinginavehicleunlesstheequipmentorthingisrequiredtobeinstalledinthevehicleforanintelligentaccessprogramconditionimposed in connection with a condition
directed at thematters mentioned in paragraph (a)(i), (ii)
or (iii).routeassessment,inrelationtoamassordimensionauthority, means
an assessment of the road infrastructure inthe areas or on
the routes to which the authority is to apply todecide the impact the grant of the authority
will have, or islikely to have, on the road
infrastructure.travel conditionmeans a
condition directed at ensuring thataccess to a
stated route or area is limited to either or both ofthe
following—(a)stated days or hours (or both);(b)travel in a stated direction.vehicleconditionmeansaconditiondirectedatensuringavehicle can operate safely on roads.Division 2Obtaining
consent of relevant roadmanagers155Application of Div 2ThisDivisionappliesinrelationtotheRegulatorobtainingthe
consent of the road manager for a road for the purpose ofgranting a mass or dimension
authority.Current as at [Not applicable]Page
217
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule156Period within which road manager must
decide(1)If the Regulator asks a road manager
for a road for the roadmanager’sconsenttothegrantofamassordimensionauthority, the
road manager must decide to give or not to givethe
consent—(a)within—(i)28daysaftertherequestismade,unlesssubparagraph (ii) applies; or(ii)ifthissectionappliesbecausetheroadmanagergavetheRegulatoranoticeofobjectiontothegrant under section 167—14 days after
giving thenotice of objection; or(b)within a longer period, of not more than 6
months afterthe 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 agreeto, a longer
period under subsection (1)(b) only if—(a)consultation is required under a law with
another entity(including,forexample,forthepurposeofobtainingthat entity’s
approval to give the consent); or(b)theroadmanagerconsidersarouteassessmentisnecessary for deciding whether to give or
not to give theconsent; or(c)theroadmanageristheroadauthorityfortheparticipatingjurisdictionandconsidersthatalocalgovernment
authority that is not required under a law tobeconsultedshouldneverthelessbeconsultedbeforedeciding 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 ordimensionauthorityconcernedawrittenstatementofthedecision—(a)identifying the road manager
concerned; andPage 218Current as at
[Not applicable]
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Vehicle National Law Act 2012Schedule(b)indicating the ground on which the
road manager askedfor a longer period.156ADeciding request for consent
generally(1)If the Regulator asks a road manager
for a road for the roadmanager’sconsenttothegrantofamassordimensionauthority,theroadmanagermaydecidenottogivetheconsent 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)imposeadverseeffectsonthecommunityarisingfrom noise,
emissions or traffic congestion or fromother matters
stated in approved guidelines; or(iii)pose
significant risks to public safety arising fromheavyvehicleusethatisincompatiblewithroadinfrastructure
or traffic conditions; and(b)it is not
possible to grant the authority subject to roadconditionsortravelconditionsthatwillavoid,orsignificantly 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 givenifthemassofthevehicleundertheapplicationfortheauthoritywaslessthanappliedfor,theroadmanagermustgive the consent
subject to a road condition that the vehiclenot exceed the
mass.(3)Also, in deciding whether or not to
give the consent, the roadmanager must have regard to—(a)foramassordimensionexemption—theapprovedguidelines for granting mass or dimension
exemptions;orCurrent as at [Not applicable]Page
219
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)for
a class 2 heavy vehicle authorisation—the approvedguidelinesforgrantingclass2heavyvehicleauthorisations.(4)If a
relevant road manager for a mass or dimension authoritydecides not to give consent to the grant of
the authority, therelevantroadmanagermustgivetheRegulatorawrittenstatementthatexplainstheroadmanager’sdecisionandcomplies with section 172.157Obtaining third party’s approval for
giving consent forpermit(1)This
section applies if—(a)a person (theapplicant)
applies for a mass or dimensionexemption(permit)orclass2heavyvehicleauthorisation (permit); and(b)consultation with another entity is
required under a law.(2)The Regulator
must—(a)notify the applicant that consultation
is required; and(b)notifytheroadmanagerthattheapplicanthasbeennotified of the
requirement.(3)TheRegulatormust,asfaraspracticable,givethenotificationsundersubsection (2)concurrentlywithaskingthe road manager
for the consent.158Action pending consultation with third
party(1)This section applies if—(a)consultation with another entity is
required under a law;and(b)the
road manager does not ask for a longer period undersection 156(1)(b) or the Regulator refuses
to agree to alonger period asked for under section
156(1)(b).(2)If the consultation with the other
entity is not yet completed,theroadmanagermust,asfaraspracticable,dealwiththerequestforconsentanddecidetogiveornottogivethePage 220Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Scheduleconsent (even though the consultation with
the other entity isnot completed).(3)If
the road manager decides to give the consent even thoughtheconsultationwiththeotherentityisnotcompleted,theconsent is not operative unless and
until—(a)the consultation is completed;
and(b)if the other entity’s approval is
required, the other entitygives its approval.(4)If—(a)the
consultation with the other entity is completed andthe
other entity’s approval is required; and(b)the
road manager has not yet decided to give or not togive
the consent;the road manager may—(c)decide not to give the consent, on the
ground that theconsent would be inoperative; or(d)decide to give the consent, but the
consent is inoperativewithout the other entity’s
approval.(5)The Regulator must not grant a mass or
dimension authorityif—(a)consultation is
required under a law with another entity;and(b)the other entity’s approval is
required; and(c)the other entity has declined to give
its approval.159Deciding request for consent if route
assessmentrequired(1)This
section applies if—(a)a person (theapplicant)
applies for a mass or dimensionexemption(permit)orclass2heavyvehicleauthorisation (permit); andCurrent as at [Not applicable]Page
221
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(b)theRegulatorasksaroadmanagerforaroadfortheroad manager’s
consent to the grant of the exemption orauthorisation;
and(c)theroadmanagerconsidersarouteassessmentisnecessary for deciding whether to give or
not to give theconsent.(2)TheroadmanagermaynotifytheRegulatorofthefollowing—(a)that
a route assessment is required for the road managerdeciding whether to give or not to give the
consent;(b)the fee payable (if any) for the route
assessment under alaw of the jurisdiction in which the road is
situated.(3)The Regulator must notify the
applicant of the following—(a)that
a route assessment is required for the road managerdeciding whether to give or not to give the
consent;(b)the fee payable (if any) for the route
assessment under alaw of the jurisdiction in which the road is
situated;(c)if a fee is payable for the route
assessment under a lawof the jurisdiction in which the road
is situated, that theroad manager may stop considering
whether to give ornot to give the consent until the fee is
paid;(d)if,undersection 156(1)(b),theRegulatoragreestoalonger period
for the road manager deciding whether togive or not to
give the consent, the longer period agreedby the
Regulator.(4)If a fee is payable for the route
assessment under a law of thejurisdiction in
which the road is situated—(a)the
road manager may stop considering whether to giveor
not to give the consent until the fee is paid; and(b)theperiodbetweenthedaytheapplicantisgiventhenotification under subsection (3) and the
day the fee ispaidmustnotbecountedinworkingouttheperiodtaken by the
road manager to decide whether to give ornot to give the
consent.Page 222Current as at
[Not applicable]
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Vehicle National Law Act 2012Schedule(5)If the applicant does not pay the fee
for the route assessmentwithin 28 days after the notification
is given to the applicantundersubsection
(3),oralongerperiodagreedtobytheRegulator, the application lapses.160Imposition of road conditions(1)A relevant road manager for a mass or
dimension authoritymay consent to the grant of the authority
subject to—(a)exceptinthecaseofaclass2heavyvehicleauthorisation (notice)—the condition that a
stated roadcondition is imposed on the authority;
or(b)inthecaseofaclass2heavyvehicleauthorisation(notice)—the
condition that a stated road condition of atype prescribed
by the national regulations is imposedon the
authority.(2)If a relevant road manager for a mass
or dimension authorityconsents to the grant of the authority
subject to a condition asmentioned in subsection (1)(a)—(a)therelevantroadmanagermustgivetheRegulatorawrittenstatementthatexplainstheroadmanager’sdecisiontogiveconsenttothegrantoftheauthoritysubject to the condition and complies with
section 172;and(b)the Regulator
must impose the stated road condition onthe
authority.(3)If a relevant road manager for a mass
or dimension authorityconsents to the grant of the authority
subject to a condition asmentionedinsubsection (1)(b),theRegulatormustimposethe stated road
condition on the authority.(4)Thenationalregulationsmayprescriberoadconditions,orkinds of road conditions, for the purposes
of subsection (1)(b)andmustprescribethecircumstancesinwhichitisappropriate to impose such a
condition.Current as at [Not applicable]Page
223
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule161Imposition of travel conditions(1)A relevant road manager for a mass or
dimension authoritymayconsenttothegrantoftheauthoritysubjecttotheconditionthatastatedtravelconditionisimposedontheauthority.(2)If a
relevant road manager for a mass or dimension authorityconsentstothegrantoftheauthorityasmentionedinsubsection (1)—(a)therelevantroadmanagermustgivetheRegulatorawrittenstatementthatexplainstheroadmanager’sdecisiontogiveconsenttothegrantoftheauthoritysubject to the condition and complies with
section 172;and(b)the Regulator
must impose the stated travel condition onthe
authority.162Imposition of vehicle
conditions(1)A relevant road manager for a mass or
dimension authoritywho gives consent to the grant of the
authority may ask theRegulatortoimposeastatedvehicleconditionontheauthority.(2)If a
relevant road manager for a mass or dimension authoritymakes a request as mentioned in subsection
(1), the Regulatormust—(a)consider the request and decide—(i)toimposethestatedvehicleconditionontheauthority (with or without
modification); or(ii)not to impose
the stated vehicle condition on theauthority;
and(b)notify the relevant road manager of
the decision underparagraph (a).Page 224Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly163Obtaining consent of road authority if
particular roadmanager refuses to give consent(1)This section applies if a relevant
road manager for a mass ordimension authority—(a)is a public authority other than a
road authority; and(b)either—(i)decides not to consent to the grant of the
mass ordimension authority; or(ii)consentstothegrantofthemassordimensionauthoritysubjecttotheimpositionofroadconditionsortravelconditionstheRegulatorconsidersarenotnecessarytoavoid,orsignificantly minimise—(A)damage,orlikelydamage,toroadinfrastructure;
or(B)adverse effects, or likely adverse
effects, onthe community arising from noise,
emissionsortrafficcongestionorfromothermattersstated in
approved guidelines; or(C)significant
risks, or likely significant risks, topublic safety
arising from heavy vehicle usethat is
incompatible with road infrastructureor traffic
conditions.(2)The Regulator may ask the relevant
road authority to consentto the grant.(3)If
the Regulator asks the relevant road authority for consentunder this section, the road authority must
decide to give ornot to give the consent—(a)within 3 months of the request; or(b)withinalongerperiod,ofnotmorethan6months,agreed to by the
Regulator.(4)If the relevant road authority gives
the consent or gives theconsent on the condition that a stated
road condition or travelcondition is imposed on the mass or
dimension authority—Current as at [Not applicable]Page
225
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(a)the
decision of the relevant road manager has no effectfor
the purposes of this Law; and(b)to
the extent this Law applies in relation to the consentof,
or the road conditions or travel conditions requiredby,
the relevant road manager, this Law (other than thissection) applies as if a reference in it to
the relevant roadmanager were a reference to the relevant
road authority.(5)In this section—relevantroadauthority,foradecisionofarelevantroadmanager for a mass or dimension authority,
means the roadauthority for the participating jurisdiction
in which the roadforwhichtherelevantroadmanagerisaroadmanagerissituated.164Information notice for imposition of road
conditionsrequested by road manager(1)This section applies if—(a)the Regulator grants a mass or
dimension authority bygiving a person a permit; and(b)the authority is subject to a road
condition required by arelevant road manager for the
authority when consentingto the grant of the authority.(2)Theinformationnoticeforthedecisiontoimposethecondition given to the person under this Law
must state thefollowing, in addition to any other
information required to beincluded in the information
notice—(a)thattheroadmanagerconsentedtothemassordimensionauthorityontheconditionthattheroadcondition is
imposed on the authority;(b)awrittenstatementthatexplainstheroadmanager’sdecisiontogivetheconsentontheconditionthattheroadconditionbeimposedontheauthorityandcomplies with section 172;Page
226Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012Schedule(c)thereviewandappealinformationfortheroadmanager’s
decision to give the consent on the conditionthat the road
condition be imposed on the authority.Notauthorised—indicativeonly165Information notice for imposition of
travel conditionsrequested by road manager(1)This section applies if—(a)the Regulator grants a mass or
dimension authority bygiving a person a permit; and(b)the authority is subject to a travel
condition required byarelevantroadmanagerfortheauthoritywhenconsenting to
the grant of the authority.(2)Theinformationnoticeforthedecisiontoimposethecondition given to the person under this Law
must state thefollowing, in addition to any other
information required to beincluded in the information
notice—(a)thattheroadmanagerconsentedtothemassordimensionauthorityontheconditionthatthetravelcondition is
imposed on the authority;(b)awrittenstatementthatexplainstheroadmanager’sdecisiontogivetheconsentontheconditionthatthetravelconditionbeimposedontheauthorityandcomplies with section 172;(c)thereviewandappealinformationfortheroadmanager’s
decision to give the consent on the conditionthat the travel
condition be imposed on the authority.166Information notice for decision to refuse
applicationbecause road manager did not give
consent(1)This section applies if an application
for a mass or dimensionauthority is refused, wholly or
partly, because a relevant roadmanagerfortheauthorityhasrefusedtoconsenttotheauthority.(2)Theinformationnoticeforthedecisiontorefusetheapplication given to the applicant under
this Law must stateCurrent as at [Not applicable]Page
227
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2012Schedulethe following,
in addition to any other information required tobe
included in the information notice—(a)that
the road manager has refused to consent to the massor
dimension authority;(b)awrittenstatementthatexplainstheroadmanager’sdecision to refuse to give the consent and
complies withsection 172;(c)thereviewandappealinformationfortheroadmanager’s
decision to refuse to give the consent.167Expedited procedure for road manager’s
consent forrenewal of mass or dimension
authority(1)This section applies if—(a)the relevant road manager has
previously consented to agrantofamassordimensionauthority(thepreviousauthority); and(b)theRegulatorproposestograntamassordimensionauthority
(theproposed replacement authority) by
wayof renewal so as to replace the previous
authority on itsexpiry; and(c)the
Regulator proposes to impose the same conditionson
the proposed replacement authority as applied to theprevious authority; and(d)the
Regulator informs the relevant road manager that theRegulator is seeking to obtain the manager’s
consent inaccordancewiththeprocedureunderthissection(theexpedited
procedure).(2)However, this
section does not apply, or ceases to apply, if—(a)there are differences between the terms of
the previousauthorityandthetermsoftheproposedreplacementauthority,
including, for example—(i)differences
relating to the description of the type ofheavyvehiclecoveredbytheproposedreplacement authority; andPage
228Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(ii)additional,
deleted or varied conditions; and(iii)the
inclusion of additional areas or routes; or(b)the
relevant road manager gives the Regulator a noticeofobjectiontotheapplicationofthissectiontotheproposedreplacementauthorityandthatnoticeofobjectionisgivenwithintheperiod(therelevantperiod)
of—(i)14 days after the request for consent
is made; or(ii)28 days after
the request for consent is made if theroadmanagerseekstheextensionoftimewithinthe
initial 14 days; or(c)the Regulator gives the relevant road
manager a noticethat the Regulator withdraws the proposed
replacementauthority from the expedited procedure;
or(d)a law of this jurisdiction requires
consultation with thirdpartiesbeforethegrantoftheproposedreplacementauthority or
before access to a particular route or areacovered by it is
given.(3)The road manager is taken to have
given the consent at the endof the relevant
period to the grant of the proposed replacementauthorityonthesameconditionsasappliedtothepreviousauthority,unlessbeforetheendofthatperiodtheroadmanagergiveswrittennoticetotheRegulatorthattheroadmanager gives or
refuses consent.168Operation of section 167(1)Sections156to166donotapplytoarequestforconsentwhileaproposedreplacementauthorityisbeingdealtwithunder the
expedited procedure under section 167.(2)Those sections apply to the request for
consent if section 167doesnotapplyorceasestoapply,asreferredtoinsection 167(2).Current as at [Not
applicable]Page 229
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2012Schedule169Granting limited consent for trial
purposes(1)A relevant road manager may give
consent to the grant of amass or dimension authority for a
trial period of no more than3 months
specified by the road manager.(2)The
trial period determines the maximum period for which themass
or dimension authority applies.(3)If
there is more than one relevant road manager in relation to
aproposed mass or dimension authority, the
consent of one ormore of the road managers is ineffective
unless all the roadmanagers give their consent to the same
effect.170Renewal of limited consent for trial
purposes(1)TheRegulatormustnotifyeachrelevantroadmanagerthatgaveconsentundersection 169thatthemassordimensionauthority
concerned will be renewed with effect from the endofthecurrentperiodofitsdurationunlessactionistakenunder this
section.(2)The notification must be given at
least one month before theend of the current trial
period.(3)The Regulator must renew the mass or
dimension authorityfor a further trial period of no more than 3
months, unless theRegulator receives a written objection to
its renewal from arelevant road manager within the current
trial period.(4)The mass or dimension authority is
renewable for one or morefurther trial periods.171Period for which mass or dimension
authority applieswhere limited consent(1)This
section applies where a mass or dimension exemption isgranted under section 169 or 170.(2)In the case of a mass or dimension
exemption (permit) or aclass2heavyvehicleauthorisation(permit),theperiodforwhichthepermitappliesmust
notexceedthelengthofthetrial period.Page 230Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(3)In the case of a mass or dimension
exemption (notice) or aclass2heavyvehicleauthorisation(notice),then,despitesection 120 or 141, the period for which the
notice applies isso much of the period stated in the
Commonwealth Gazettenotice referred to in that section as
does not exceed the trialperiod.172Requirements for statement explaining
adverse decisionof road manager(1)Thissectionappliestoawrittenstatementexplainingadecision of a relevant road manager under
this Division—(a)not to give consent to the grant of a
mass or dimensionauthority (as referred to in section 156A);
or(b)to consent to the grant of a mass or
dimension authorityon the condition that—(i)aroadconditionisimposedontheauthority(asreferred to in section 160); or(ii)a travel
condition is imposed on the authority (asreferred to in
section 161).(2)The written statement complies with
this section if it—(a)setsoutthefindingsonmaterialquestionsoffact,referringtotheevidenceorothermaterialonwhichthose findings
were based and giving the reasons for theroad manager’s
decision; and(b)identifies every document or part of a
document that isrelevant to the road manager’s decision and
is—(i)in the road manager’s possession;
or(ii)under the road
manager’s control; or(iii)otherwise
available to the road manager.Current as at [Not
applicable]Page 231
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Vehicle National Law Act 2012ScheduleDivision 3Amendment,
cancellation orsuspension of mass or dimensionauthority granted byCommonwealth
Gazette noticeNotauthorised—indicativeonly173Amendment or
cancellation on Regulator’s initiative(1)It
is a ground for amending or cancelling a mass or dimensionauthority granted by Commonwealth Gazette
notice if the useof heavy vehicles on a road under the
authority has caused, oris likely to cause, a significant risk
to public safety.(2)If the Regulator considers a ground
exists to amend or cancelthe mass or dimension authority, the
Regulator may amend orcancel the authority by complying with
subsections (3) to (5).(3)The Regulator
must publish a public notice—(a)statingthattheRegulatorbelievesagroundexiststoamend or cancel the authority;
and(b)outlining the facts and circumstances
forming the basisfor the belief; and(c)statingtheactiontheRegulatorisproposingtotakeunder this
section (theproposed action); and(d)inviting persons who will be affected
by the proposedaction to make, within a stated time of at
least 14 daysaftertheCommonwealthGazettenoticeispublished,writtenrepresentationsabout whytheproposedactionshould not be taken.(4)If,afterconsideringallwrittenrepresentationsmadeundersubsection
(3)(d), the Regulator still considers a ground existsto
take the proposed action, the Regulator may—(a)iftheproposedactionwastoamendthemassordimension authority—amend the authority in a
way thatis not substantially different from the
proposed action,including, for example, by—(i)amending the areas or routes to which
the authorityapplies; orPage 232Current as at [Not applicable]
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Vehicle National Law Act 2012Schedule(ii)amending the
days or hours to which the authorityapplies;
or(iii)imposingadditionalvehicleconditionsontheauthority; or(b)iftheproposedactionwastocancelthemassordimension authority—(i)amendtheauthority,including,forexample,asmentioned in paragraph (a)(i), (ii) or
(iii); or(ii)cancel the
authority.(5)The Regulator must publish a public
notice of the amendmentor cancellation.(6)The
amendment or cancellation takes effect—(a)28daysaftertheCommonwealthGazettenoticeispublished under subsection (5); or(b)if a later time is stated in the
Commonwealth Gazettenotice, at the later time.174Amendment or cancellation on request
by relevant roadmanager(1)This
section applies if a relevant road manager for a mass ordimensionauthoritygrantedbyCommonwealthGazettenotice is satisfied the use of heavy
vehicles on a road underthe authority—(a)hascaused,orislikelytocause,damagetoroadinfrastructure;
or(b)hashad,orislikelytohave,anadverseeffectonthecommunityarisingfromnoise,emissionsortrafficcongestionorfromothermattersstatedinapprovedguidelines;
or(c)has posed, or is likely to pose, a
significant risk to publicsafetyarisingfromheavyvehicleusethatisincompatiblewithroadinfrastructureortrafficconditions.(2)The
road manager may ask the Regulator to—Current as at [Not
applicable]Page 233
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(a)amend the mass
or dimension authority by—(ia)amendingthecategoryofvehicletowhichtheauthority applies; or(ib)amending the type of load that may be
carried byvehicles to which the authority applies;
or(i)amending the areas or routes to which
the authorityapplies; or(ii)amending the days or hours to which the
authorityapplies; or(iii)imposingoramendingroadconditionsortravelconditions;
or(b)cancel the authority.(3)The Regulator must comply with the
request.(4)However,ifconsenttothegrantofthemassordimensionauthority was
given by a road authority under section 163—(a)theRegulatormayrefertherequesttotheroadauthority;
and(b)iftheroadauthoritygivestheRegulatoritswrittenapproval of the
request, the Regulator must comply withthe request;
and(c)if the road authority does not give
written approval oftheroadmanager’srequestwithin28daysafterthereferral is made, the
Regulator—(i)must not comply with the request;
and(ii)mustnotifytheroadmanagerthattheroadauthority has
not given its written approval of therequestand,asaresult,theRegulatormustnotcomply with it.(5)The
Regulator must publish a public notice of the amendmentor
cancellation.(6)The amendment or cancellation takes
effect—(a)28daysaftertheCommonwealthGazettenoticeispublished under subsection (5); orPage
234Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)if a later time is stated in the
Commonwealth Gazettenotice, at the later time.175Immediate suspension(1)This section applies if the Regulator
considers it is necessarytosuspendamassordimensionauthoritygrantedbyCommonwealthGazettenoticeimmediatelytopreventorminimise serious harm to public safety or
significant damageto road infrastructure.(2)TheRegulatormay,bypublicnotice,immediatelysuspendthe
authority until the earliest of the following—(a)theendof56daysafterthedaythepublicnoticeispublished;(b)the
Regulator publishes a notice under section 173(5) or174(5) and the amendment or cancellation
takes effectunder section 173(6) or 174(6);(c)the Regulator cancels the suspension
by public notice.(4)The suspension, and (where relevant)
the cancellation of thesuspension, takes effect immediately
after the CommonwealthGazette notice is published under
subsection (3).(5)This section applies despite sections
173 and 174.175AMinor amendment(1)TheRegulatormayamendamassordimensionauthority,grantedbyCommonwealthGazettenotice,inaminorrespect—(a)for a formal or clerical reason;
or(b)inanotherwaythatdoesnotadverselyaffecttheinterestsofapersonwhoisoperatingundertheauthority.(2)The
Regulator must publish a public notice of the amendment.Current as at [Not applicable]Page
235
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Vehicle National Law Act 2012ScheduleDivision 4Amendment,
cancellation orsuspension of mass or dimensionauthority granted by permitNotauthorised—indicativeonly176Amendment or
cancellation on application by permitholder(1)The holder of a permit for a mass or
dimension authority mayapply to the Regulator for an
amendment or cancellation ofthe
authority.(2)The application must—(a)be in writing; and(b)beaccompaniedbytheprescribedfeefortheapplication;
and(c)if the application is for an
amendment, state clearly theamendment sought
and the reasons for the amendment;and(d)be accompanied by the permit.(3)The Regulator may, by notice given to
the applicant, requirethe applicant to give the Regulator
any additional informationthe Regulator reasonably requires to
decide the application.(4)Iftheproposedamendmentofthemassordimensionauthority
is—(a)toamendtheareasorroutestowhichtheauthorityapplies
(otherwise than by omitting an area or route orreducing an area
or route in size); or(b)to impose or
amend road conditions or travel conditions;then—(c)the Regulator must ask the relevant
road managers (fortheroadstowhichtheamendmentrelates)fortheirconsent to the
amendment; and(d)theprovisionsofDivision2applytotherequestforconsent in the same way as they apply to a
request forconsent under that Division, with the
modifications (ifPage 236Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Scheduleany)
prescribed by the national regulations and with anynecessary modifications.(5)TheRegulatormustdecidetheapplicationassoonaspracticable after receiving it.(6)If the Regulator decides to grant the
application—(a)theRegulatormustgivetheapplicantnoticeofthedecision;
and(b)the amendment or cancellation takes
effect—(i)whennoticeofthedecisionisgiventotheapplicant; or(ii)ifalatertimeisstatedinthenotice,atthelatertime; and(c)iftheRegulatoramendedtheauthority,theRegulatormustgivetheapplicantareplacementpermitfortheauthority as
amended; and(d)iftheauthorityisamendedtochangethevehicletowhich the authority applies to an equivalent
vehicle, theRegulatormustgivenoticeoftheamendmenttotherelevant road
manager within 28 days after the authorityis
amended.(7)If the Regulator decides not to amend
or cancel the mass ordimension authority as sought by the
applicant, the Regulatormust—(a)give
the applicant an information notice for the decision;and(b)return the
permit for the authority to the applicant.(8)In
this section—equivalent vehicle, of another
vehicle, means a vehicle that—(a)is
of the same category as the other vehicle; and(b)has
mass requirements that are no more than the massrequirements applying to the other vehicle;
andCurrent as at [Not applicable]Page
237
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(c)has
dimension requirements that are no more than thedimensionrequirementsapplyingtotheothervehicle;and(d)poses no greater public risk than the
other vehicle.177Amendment or cancellation on
Regulator’s initiative(1)Each of the
following is a ground for amending or cancellinga
mass or dimension authority granted by giving a person apermit—(a)theauthoritywasgrantedbecauseofadocumentorrepresentation that was—(i)false or misleading; or(ii)obtained or made
in an improper way;(b)theholderofthepermitfortheauthorityhascontravened a condition of the
authority;(c)the use of heavy vehicles on a road
under the authorityhascaused,orislikelytocause,asignificantrisktopublic safety.(2)If
the Regulator considers a ground exists to amend or cancela
mass or dimension authority granted by giving a person apermit(theproposedaction),theRegulatormustgivetheholder of the permit a notice—(a)stating the proposed action;
and(b)stating the ground for the proposed
action; and(c)outlining the facts and circumstances
forming the basisfor the ground; and(d)iftheproposedactionistoamendtheauthority(includingaconditionoftheauthority)—statingtheproposed amendment; and(e)inviting the holder to make, within a stated
time of atleast14daysafterthenoticeisgiventotheholder,writtenrepresentationsabout whytheproposedactionshould not be taken.Page 238Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(3)If,afterconsideringallwrittenrepresentationsmadeundersubsection
(2)(e), the Regulator still considers a ground existsto
take the proposed action, the Regulator may—(a)iftheproposedactionwastoamendthemassordimension authority—amend the authority in a
way thatis not substantially different from the
proposed action,including, for example, by—(i)amending the areas or routes to which
the authorityapplies; or(ii)amending the days or hours to which the
authorityapplies; or(iii)imposingadditionalvehicleconditionsontheauthority; or(b)if
the proposed action was to cancel the authority—(i)amendtheauthority,including,forexample,asmentioned in paragraph (a)(i), (ii) or
(iii); or(ii)cancel the
authority.(4)The Regulator must give the holder an
information notice forthe decision.(5)The
amendment or cancellation takes effect—(a)when
the information notice is given to the holder; or(b)if a later time is stated in the
information notice, at thelater time.178Amendment or cancellation on request by
relevant roadmanager(1)This
section applies if a relevant road manager for a mass ordimensionauthoritygrantedbygivingapersonapermitissatisfiedtheuseofheavyvehiclesonaroadundertheauthority—(a)hascaused,orislikelytocause,damagetoroadinfrastructure;
or(b)hashad,orislikelytohave,anadverseeffectonthecommunityarisingfromnoise,emissionsortrafficCurrent as at [Not
applicable]Page 239
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlycongestionorfromothermattersstatedinapprovedguidelines;
or(c)has posed, or is likely to pose, a
significant risk to publicsafetyarisingfromheavyvehicleusethatisincompatiblewithroadinfrastructureortrafficconditions.(2)The
road manager may ask the Regulator to—(a)amend the mass or dimension authority,
including, forexample, by—(i)amending the areas or routes to which the
authorityapplies; or(ii)amending the days or hours to which the
authorityapplies; or(iii)imposingoramendingroadconditionsortravelconditions on
the authority; or(b)cancel the authority.(3)The Regulator must comply with the
request.(4)However,ifconsenttothegrantofthemassordimensionauthority was
given by a road authority under section 163—(a)theRegulatormayrefertherequesttotheroadauthority;
and(b)iftheroadauthoritygivestheRegulatoritswrittenapproval of the
request, the Regulator must comply withthe request;
and(c)if the road authority does not give
written approval ofthe request within 28 days after the
referral is made, theRegulator—(i)must
not comply with the request; and(ii)mustnotifytheroadmanagerthattheroadauthority has
not given its written approval of therequestand,asaresult,theRegulatormustnotcomply with it.(5)If
the mass or dimension authority is amended or cancelledunder this section, the Regulator must give
the holder of thePage 240Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedulepermitfortheauthoritynoticeoftheamendmentorcancellationatleast28daysbeforetheamendmentorcancellation is to take effect.(6)The notice given to the holder must
state—(a)the day the amendment or cancellation
is to take effect;and(b)thereasonsgivenbytheroadmanagerfortheamendment or cancellation; and(c)thereviewandappealinformationfortheroadmanager’s
decision.179Immediate suspension(1)This section applies if the Regulator
considers it is necessaryto suspend a mass or dimension
authority granted by issuing apermittosomeoneimmediatelytopreventorminimiseseriousharmtopublicsafetyorsignificantdamagetoroadinfrastructure.(2)The
Regulator may, by notice (immediate suspension notice)giventothepersontowhomthepermitwasgiven,immediatelysuspendtheauthorityuntiltheearliestofthefollowing—(a)theRegulatorgivesthepersonanoticeundersection 177(4)or178(5)andtheamendmentorcancellation takes effect under section
177(5) or 178;(b)the Regulator cancels the
suspension;(c)theendof56daysafterthedaytheimmediatesuspension notice is given to the
person.(3)This section applies despite sections
176, 177 and 178.180Minor amendment of permit for a mass
or dimensionauthority(1)The
Regulator may, by notice given to the holder of a permitfor
a mass or dimension authority, amend the authority in aminor respect—Current as at [Not
applicable]Page 241
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(a)for
a formal or clerical reason; or(b)inanotherwaythatdoesnotadverselyaffecttheholder’s interests.(2)TheRegulatormustgivenoticeoftheamendmenttotherelevant road manager—(a)iftheauthorityisamendedforaformalorclericalreason—within 28
days after the authority is amended;or(b)if the authority is amended in another
way—as soon aspracticable, but no later than 7 days, after
the authorityis amended.Division 5Provisions about permits for massor
dimension authorities181Return of
permit(1)This section applies to a mass or
dimension authority grantedby giving a
person a permit.(2)If the mass or dimension authority is
amended or cancelled,the Regulator may, by notice, require
the person to return theperson’s permit for the authority to
the Regulator.(3)The person must comply with the notice
within 7 days afterthe notice is given to the person or, if a
longer period is statedin the notice, within the longer
period.Maximum penalty—$4000.(4)Ifthemassordimensionauthorityhasbeenamended,theRegulator must give the person a
replacement permit for theauthority as amended.182Replacement of defaced etc.
permit(1)Ifaperson’spermitforamassordimensionauthorityisdefaced, destroyed, lost or stolen,
the person must, as soon asPage 242Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedulereasonablypracticableafterbecomingawareofthematter,apply to the Regulator for a replacement
permit.Maximum penalty—$4000.(2)IftheRegulatorissatisfiedthepermithasbeendefaced,destroyed, lost or stolen, the Regulator
must give the person areplacement permit as soon as
practicable.(3)If the Regulator decides not to give a
replacement permit tothe person, the Regulator must give
the person an informationnotice for the decision.Part
4.9Other offencesDivision 1Towing restriction184Towing restriction(1)A
person must not drive a heavy motor vehicle towing morethan
1 other vehicle.Maximum penalty—$3000.(2)Subsection (1)doesnotapplytoapersondrivingaheavyvehicle—(a)under a mass or dimension authority;
or(b)in circumstances prescribed by the
national regulations.Division 2Coupling
requirements185Requirements about coupling
trailers(1)A person commits an offence if—(a)the person uses, or permits to be
used, on a road a heavycombination; and(b)a
trailer in the combination is not securely coupled tothe
vehicle in front of it.Current as at [Not applicable]Page
243
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012ScheduleMaximum
penalty—$6000.(2)A person commits an offence if—(a)the person uses, or permits to be
used, on a road a heavycombination; and(b)the
components of a coupling used between vehicles intheheavycombinationarenotcompatiblewith,orproperly connected to, each
other.Maximum penalty—$6000.(3)In
this section—couplingmeansadeviceusedtocoupleavehicleinacombination to the vehicle in front of
it.Division 3Transport
documentation186False or misleading transport
documentation for goods(1)This section
applies if goods are consigned for road transportusing a heavy vehicle, or for transport
partly by road using aheavy vehicle and partly by some other
means.(2)Theconsignorofthegoodsmustensure,sofarasisreasonably practicable, the
consignment documentation is notfalse or
misleading.Maximum penalty—$10000.(3)IfthegoodsareAustralian-packedgoods,thepackerofthegoodsmustensure,sofarasisreasonablypracticable,theconsignment documentation is not false or
misleading.Maximum penalty—$10000.(4)Ifthegoodsareoverseas-packedgoods,thereceiverofthegoodsmustensure,sofarasisreasonablypracticable,theconsignment documentation is not false or
misleading.Maximum penalty—$10000.(5)Ifthegoodsareloadedontheheavyvehicle,theloadingmanager for, or
loader of, the goods must ensure, so far as isPage 244Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedulereasonably practicable, the consignment
documentation is notfalse or misleading.Maximum penalty—$10000.(8)In a
proceeding for an offence against subsection (2), (3), (4)or(5),itisenoughforachargetostatethatthetransportdocumentation
was ‘false or misleading’, without specifyingwhether it was
false or whether it was misleading.(9)In
this section—Australian-packed goodsmeans goods
packed—(a)in Australia; and(b)on a
pallet or in a package, freight container or othercontainer.consignment
documentation, for goods, means the transportdocumentation for the consignment of the
goods, in so far asthe documentation relates to the mass,
dimension or loadingof any or all of the goods.overseas-packed goodsmeans goods
packed—(a)outside Australia; and(b)on a pallet or in a package, freight
container or othercontainer.receiver,ofgoodsinAustralia,meansapersonwho,otherthan the person
who merely unloads the goods—(a)first receives the goods in Australia;
or(b)unpacks the goods after the goods are
first unloaded inAustralia.187False
or misleading information in container weightdeclaration(1)Thissectionappliesinrelationtoafreightcontainertobetransported by
road using a heavy vehicle, or partly by roadusing a heavy
vehicle and partly by some other means.(2)The
responsible entity for the freight container must ensure,sofarasisreasonablypracticable,thecontainerweightCurrent as at [Not applicable]Page
245
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Scheduledeclaration for
the container that is given to an operator ofthe heavy
vehicle is not false or misleading.Maximum
penalty—$10000.(3)Anoperatoroftheheavyvehiclemustensure,sofarasisreasonably practicable, the container weight
declaration forthe container that is given to the vehicle’s
driver is not falseor misleading.Maximum
penalty—$10000.(4)Forthepurposesofthissection,informationinacontainerweight
declaration is not false or misleading merely because itoverstatestheactualweightofthefreightcontaineranditscontents.(7)In a
proceeding for an offence against subsection (2) or (3), itis
enough for a charge to state that information contained inthecontainerweightdeclarationwas‘falseormisleading’,withoutspecifyingwhetheritwasfalseorwhetheritwasmisleading.Division 4Other offences about containerweight declarations188Application of Div 4This Division
applies to a freight container consigned for roadtransport using a heavy vehicle, or for
transport partly by roadusing a heavy vehicle and partly by
some other means.189Meaning ofcomplying
container weight declarationAcontainerweightdeclarationforafreightcontainerisacomplying
container weight declarationif—(a)it contains the following additional
information—(i)thenumberandotherparticularsofthefreightcontainer
necessary to identify the container;Page 246Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012Schedule(ii)thenameandresidentialaddressorbusinessaddressinAustraliaoftheresponsibleentityforthe freight container;(iii)the date the
container weight declaration is made;and(b)it is written and easily
legible.Notauthorised—indicativeonly190Duty of responsible entity(1)The responsible entity for the freight
container must ensure anoperator or driver of a heavy vehicle
does not transport thefreightcontainerbyroadusingthevehiclewithoutacomplyingcontainerweightdeclarationforthefreightcontainer
containing information in the form required undersection 192A, unless the responsible entity
has a reasonableexcuse.Maximum
penalty—$6000.191Duty of operator(1)Anoperatorofaheavyvehiclemustensurethevehicle’sdriver does not
transport the freight container by road usingthe vehicle
without a complying container weight declarationforthefreightcontainercontaininginformationintheformrequired under
section 192A.Maximum penalty—$6000.(2)If
the driver of a heavy vehicle does not have the complyingcontainerweightdeclarationwhentransportingthefreightcontainer by
road using the vehicle, an operator of the vehicleistakentohavecontravenedsubsection
(1)unlesstheoperator—(a)proves that the driver was provided with the
declarationbeforethedriverstartedtransportingthefreightcontainer;
or(b)has a reasonable excuse.(3)If the freight container is to be
transported by another carrier,an operator of a
heavy vehicle must, unless the operator has aCurrent as at [Not
applicable]Page 247
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedulereasonable
excuse, ensure the freight container is not given tothe
carrier unless the carrier has been provided with—(a)a complying container weight
declaration for the freightcontainercontaininginformationintheformrequiredunder section 192A; or(b)theprescribedparticularscontainedinacomplyingcontainer weight declaration for the freight
container.Maximum penalty—$6000.(6)In
this section—another carriermeans another
operator of a heavy vehicle oranother person
who is to transport the freight container otherthan by
road.prescribedparticulars,containedinacomplyingcontainerweight declaration for a freight container,
means—(a)informationabouttheweightofthefreightcontainerand
its contents; and(b)the information mentioned in section
189(a).192Duty of driver(1)Apersonmustnotdriveaheavyvehicleloadedwiththefreightcontaineronaroadwithoutacomplyingweightdeclarationforthecontainer,unlessthepersonhasareasonable excuse.Maximum
penalty—$6000.(2)The driver of a heavy vehicle loaded
with the freight containermust, unless the driver has a
reasonable excuse, when drivingthevehicleonaroad,keepthecomplyingcontainerweightdeclaration for
the container—(a)in or about the vehicle; and(b)in a way that ensures information in
the declaration is inthe form required under section
192AMaximum penalty—$3000.Page 248Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule192AForm of information in container
weight declaration(1)Thissectionappliesforthepurposesofsections190(1),191(1) and (3)(a) and 192(2)(b).(2)Theresponsibleentity,operatorordrivermustensuretheinformation in the container weight
declaration is in a formreadilyavailabletoanauthorisedofficerwhoseekstoascertainitwhileinthepresenceofthefreightcontainer,including, for
example, by—(a)examiningdocumentslocatedintheheavyvehicleonwhich the freight container is loaded
or to be loaded; or(b)examining documents made available to
the authorisedofficer on an electronic device or otherwise
in electronicform.Division 5Other offences193Weight of freight container exceeding weight
stated oncontainer or safety approval plate(1)Thissectionappliesifafreightcontainercontainsgoodsconsignedforroadtransportusingaheavyvehicle,orfortransport partly
by road using a heavy vehicle and partly bysome other
means.(2)Each consignor or packer of the goods
must ensure, so far asis reasonably practicable, the weight
of the container does notexceed the maximum gross weight marked
on—(a)the container; or(b)the
container’s safety approval plate.Maximum
penalty—$10000.(5)In this section—safety approval
plate, for a freight container, means the
safetyapproval plate required to be attached to
the container undertheInternationalConventionforSafeContainerssetoutinSchedule 5 of
theNavigation Act 1912of the
Commonwealth.Current as at [Not applicable]Page
249
Heavy
Vehicle National Law Act 2012SchedulePart
4.10Other provisionsNotauthorised—indicativeonly195Conflicting mass
requirements(1)Thissectionappliesif2ormoreconflictingmassrequirements apply to a heavy
vehicle.(2)Of the conflicting requirements, the
requirement imposing thelower or lowest mass limit applies to
the heavy vehicle and theother requirement or requirements must
be disregarded to theextent of the conflict.196Conflicting dimension
requirements(1)Thissectionappliesif2ormoreconflictingdimensionrequirements apply to a heavy
vehicle.(2)Of the conflicting requirements, the
requirement imposing themore or most restrictive dimension
limit applies to the heavyvehicleandtheotherrequirementorrequirementsmustbedisregarded to the extent of the
conflict.197Exemption from compliance with
particular requirementsin emergency(1)TheRegulatormay,orallyorinwriting,exemptaheavyvehicle, or the
driver or operator of a heavy vehicle, from aprescribed
requirement if the Regulator is satisfied—(a)the
vehicle is being used, or is intended to be used, in anemergency, including, for example, a fire,
explosion ornatural disaster—(i)to
protect life or property; or(ii)to
restore communication or the supply of energyorwaterorservices,including,forexample,sewage disposal;
and(b)granting the exemption will not create
an unreasonabledanger to other road users.(2)An exemption granted under subsection
(1) may be subject toconditions the Regulator considers
appropriate.Page 250Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(3)Ifanexemptionisgrantedorallyundersubsection
(1),theRegulator must, as soon as
practicable—(a)makeawrittenrecordoftheexemptionandanyconditions to
which it is subject; and(b)give a copy of
the written record to an operator of theheavy vehicle to
which it relates.(4)Anexemptionunderthissectionhaseffectonlywhiletheconditions, if any, to which it is subject
are complied with.(5)The Regulator is to notify the
relevant road authority of thegrantofanexemptionundersubsection
(1)assoonaspracticable after it is granted.(6)In this section—prescribed
requirementmeans—(a)a
mass requirement; or(b)a dimension
requirement; or(c)a requirement under Part 4.5,
including, for example, arequirement to comply with a condition
of an exemptionunder that Part; or(d)a
requirement under Part 4.6, including, for example, arequirementtocomplywithaconditionofanauthorisation under that Part.relevantroadauthority,foranexemptiongrantedundersubsection (1), means the road authority for
the participatingjurisdiction in which the road likely to be
travelled under theexemption is situated.198Recovery of losses arising from
non-provision ofcontainer weight declaration(1)Thissectionappliesifthedriverofaheavyvehicletransporting a freight container by road
using the vehicle hasnot been provided with a container
weight declaration for thefreightcontainerbeforestartingtotransportthefreightcontainer.Current as at [Not
applicable]Page 251
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(2)A
person who has incurred a loss as a result of the
declarationnot being provided (theplaintiff)
has a right to recover theloss from the responsible entity for
the freight container.(3)Forthepurposesofsubsection (2),thelossesthatmayberecovered
include the following—(a)loss incurred
from delays in the delivery of the freightcontainer, any
of its contents or any other goods;(b)lossincurredfromthedamagetoorspoliationofanything contained in the freight
container;(c)loss incurred from providing another
heavy vehicle, andloss incurred from delays arising from
providing anotherheavy vehicle;(d)costsorexpensesincurredforweighingthefreightcontainer or any
of its contents.(4)Theplaintiffmayenforcetheplaintiff’srighttorecoveryundersubsection (2)bybringing aproceedinginacourtofcompetentjurisdictionforanorderforpaymentofthemonetary value of the loss.199Recovery of losses for provision of
inaccurate containerweight declaration(1)This
section applies if—(a)an operator or driver of a heavy
vehicle transporting afreightcontainerbyroadusingthevehiclehasbeenprovidedwithacontainerweightdeclarationforthefreight container; and(b)thedeclarationcontainsinformation(thefalseormisleadinginformation)thatisfalseormisleadingbecause
it—(i)understates the weight of the
container; or(ii)otherwise
indicates the weight of the container islower than its
actual weight; andPage 252Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(c)a contravention of a mass requirement
applying to theheavy vehicle occurs as a result of the
operator or driverrelying on the false or misleading
information; and(d)at the relevant time, the operator or
driver either—(i)hadareasonablebeliefthevehiclewasnotincontravention of
the mass requirement; or(ii)didnotknow,andoughtnotreasonablytohaveknown,thattheminimumweightstatedinthedeclaration was lower than the actual
weight of thecontainer.(2)A
person who has incurred a loss as a result of the
declarationcontaining the false or misleading
information (theplaintiff)has
a right to recover the loss from the responsible entity forthe
freight container.(3)Forthepurposesofsubsection (2),thelossesthatmayberecovered
include the following—(a)theamountofafineorotherpenaltyimposedontheplaintiff for an offence against this
Law;(b)theamountofafineorotherpenaltyimposedonanemployee or agent of the plaintiff for
an offence againstthis Law and reimbursed by the
plaintiff;(c)loss incurred from delays in the
delivery of the freightcontainer, any of its contents, or any
other goods;(d)lossincurredfromthedamagetoorspoliationofanything contained in the freight
container;(e)loss incurred from providing another
heavy vehicle, andloss incurred from delays arising from
providing anotherheavy vehicle;(f)costsorexpensesincurredforweighingthefreightcontainer or any
of its contents.(4)Theplaintiffmayenforcetheplaintiff’srighttorecoveryundersubsection (2)bybringing aproceedinginacourtofcompetentjurisdictionforanorderforpaymentofthemonetary value of the loss.Current as at [Not applicable]Page
253
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule200Recovery by responsible entity of amount
paid under s199(1)This section
applies if, under section 199, a person brings aproceeding(arecoveryproceeding)inacourtforanorderthattheresponsibleentityforafreightcontainerpaytheperson an amount for loss incurred by
the person as a result ofthecontainerweightdeclarationforthefreightcontainercontainingfalseormisleadinginformationmentionedinsection 199(1)(b).(2)Theresponsibleentityhasarighttorecoverfromaperson(theinformationprovider)whoprovidedtheresponsibleentity with all
or part of the false or misleading informationthe part of the
amount (theattributable amount)
attributableto the information provided by the
information provider.(3)Theresponsibleentitymayenforcetheentity’srighttorecovery under subsection (2)
by—(a)iftherecoveryproceedinghasnotbeendecided—joining the information provider in the
proceeding andapplying to the court for an order that the
informationprovider pay the attributable amount to the
responsibleentity if an order is made under section
199(4); or(b)if the recovery proceeding has been
decided—bringing aproceedinginacourtofcompetentjurisdictionforanorder that the information provider
pay the attributableamount to the responsible
entity.201Assessment of monetary value or
attributable amount(1)The court may assess the monetary
value of a loss recoverableundersection 198(2)or199(2),ortheattributableamountrecoverableundersection 200(2),inthewayitconsidersappropriate.(2)In
making the assessment, the court may have regard to themattersitconsidersappropriate,includinganyevidenceadduced in a
proceeding for an offence against this Law.Page 254Current as at [Not applicable]
Chapter 6Heavy Vehicle
National Law Act 2012ScheduleVehicle
operations—driverfatigueNotauthorised—indicativeonlyPart
6.1Preliminary220Main
purpose of Ch 6(1)The main purpose of this Chapter is to
provide for the safemanagementofthefatigueofdriversoffatigue-regulatedheavy vehicles
while they are driving on a road.(2)The
main purpose is achieved by—(a)imposingdutiesondriversoffatigue-regulatedheavyvehiclesandparticularpersonswhoseactivitiesinfluencetheconductofdriversoffatigue-regulatedheavy vehicles
in a way that affects the drivers’ fatiguewhen driving on
a road; and(b)imposing general duties directed at
preventing personsdriving fatigue-regulated heavy vehicles on
a road whileimpaired by fatigue; and(c)imposing additional duties directed at
helping drivers offatigue-regulatedheavyvehiclestocomplywiththisChapter, which
are imposed on particular parties in thechain of
responsibility; and(d)providingforthemaximumworkrequirementsandminimumrestrequirementsapplyingtodriversoffatigue-regulated heavy vehicles; and(e)providing for recording the work times
and rest times ofdrivers, amongst other things.221Definitions for Ch 6In
this Chapter—100km workhas the meaning
given by section 289(1).100+km workhas the meaning
given by section 289(2).Current as at [Not applicable]Page
255
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyPage 256AFM fatigue
management systemhas the meaning given bysection
457.AFM hourshas the meaning
given by section 257.approvedelectronicrecordingsystemmeansanelectronicrecordingsystemthesubjectofacurrentapprovalundersection 343 or a
corresponding fatigue law.approved sleeper berthmeans—(a)forafatigue-regulatedheavyvehicleotherthanafatigue-regulatedbus—adriver’ssleeperberththatcomplieswithADR42andisabletobeusedbythedriver when resting; or(b)forafatigue-regulatedbus—adriver’ssleeperberththat—(i)complies with a standard for sleeper
berths that isapprovedbytheresponsibleMinistersundersection 654;
and(ii)is able to be
used by the driver when resting.BFM hourshas
the meaning given by section 253.cancel, in
relation to an unused daily sheet in a written workdiary,meanscancelbywriting‘cancelled’inlargelettersacross the sheet.causeoffatiguemeansanyfactorthatcouldcauseorcontributetoapersonbeingfatiguedwhiledrivingafatigue-regulated heavy vehicle on a road
(whether or not thecause arises while the person is at
work).Examples—•physical or mental exertion•long periods of time awake•not enough sleep or not enough
restorative sleep•not enough rest time•a person’s circadian rhythm (body
clock)•environmental stress factors,
including heat, noise, vibrations•personal healthcorresponding
fatigue law—Current as at [Not
applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule1Acorrespondingfatiguelawisalawofanon-participating jurisdiction that provides
for the same,or substantially the same, matters as this
Chapter.2AcorrespondingfatiguelawforaprovisionofthisChapterisaprovisionofacorrespondingfatiguelawwithin the meaning of paragraph 1 that
corresponds, orsubstantiallycorresponds,totheprovisionofthisChapter.3For the purposes of paragraph 1, it is
irrelevant whetherthe law of the non-participating
jurisdiction—(a)is in 1 instrument or 2 or more
instruments; or(b)is part of an instrument; or(c)is part of an instrument and the whole
or part of 1or more other instruments.criticalriskbreach,foramaximumworkrequirementorminimumrestrequirement,hasthemeaninggivenbysection 222(4).daily
sheet, for a written work diary, has the meaning
given bysection 338(2)(b).electronicrecordingsystemmeansasystemofrecordinginformation
electronically.electronic work diary, in relation to
a fatigue-regulated heavyvehicle, means all or part of an
approved electronic recordingsystemthatisfittedtoorusedinrelationtothevehicletorecord information a driver of the vehicle
is required by thisLaw to record in a work diary for the
purposes of this Law.entry, in a work
record, means anything written or otherwiserecorded in the
work record.exemption hourshas the meaning
given by section 259.fatiguehas the meaning
given by section 223.impaired by fatiguehas
the meaning given by section 225.intelligent
access program reporting entity, for an
approvedintelligent transport system, means a person
on whom there isCurrent as at [Not applicable]Page
257
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyPage 258an obligation,
imposed by Chapter 7, to report a malfunctionof or tampering
with the system to the Regulator.loading
manager—Note—Section 5
contains the definition loading manager. That definition isaffected by the definition regular loading
or unloading premises, and isused in this
Chapter.As a result of the interaction of the 2
definitions, this Chapter applies toapersonasaloadingmanageronlyifthepremisesconcernedarepremises at or from which an average
of at least 5 fatigue-regulatedheavy vehicles
are loaded or unloaded on each day the premises areoperated for loading or unloading heavy
vehicles.majorrestbreakmeansresttimeofatleast5continuoushours.malfunction,ofanelectronicworkdiaryoranodometer,means the
workdiary or odometer—(a)ceases to work at all, or works only
intermittently; or(b)doesnotperform1ormorefunctionsrequiredunderthis
Chapter; or(c)performs the functions mentioned in
paragraph (b) onlyintermittently; or(d)performs the functions mentioned in
paragraph (b) in awaythatisinaccurateorunreliable,includingintermittently inaccurate or
unreliable.Examples of an electronic work diary
malfunctioning—•corruption of data held in the
electronic work diary•a software
program fault•physicaldamagethatimpairsthefunctioningoftheelectronicwork
diaryExample of an odometer
malfunctioning—•an odometer that no longer keeps an
accurate record of distancetravelledminor risk breachhas the meaning
given by section 222(1).nightworktimemeansworktimebetweenmidnightand6a.m.Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyNote—Under sections
248 and 303, the time must be based on the time zone ofthe
driver’s base for drivers on a journey in a different time zone to
thedriver’s base.non-participating jurisdictionmeans a State or Territory thatis
not a participating jurisdiction.participatingjurisdictionmeansaStateorTerritoryinwhich—(a)this
Chapter applies as a law of the State or Territory; or(b)alawcontainingprovisionsthatsubstantiallycorrespond to
the provisions of this Chapter is in force.record
keeperhas the meaning given by section 317.recordlocation,ofthedriverofafatigue-regulatedheavyvehicle, has the meaning given by section
290.rest, in relation to
a fatigue-regulated heavy vehicle, meansnot work in
relation to a fatigue-regulated heavy vehicle.rest time,
for the driver of a fatigue-regulated heavy vehicle,means any time that is not work time for the
driver.severe risk breachhas the meaning
given by section 222(3).sign of fatiguemeans any sign
that a person was, is or will befatigued while
driving a fatigue-regulated heavy vehicle on aroad (whether
the sign manifests itself before, during or afterthe
driver drove the vehicle).Examples—•lack
of alertness•inability to concentrate•reduced ability to recognise or
respond to external stimuli•poor
judgment or memory•making more mistakes than usual•drowsiness, or falling asleep, at work
(including microsleeps)•finding it
difficult to keep eyes open•needing more frequent naps than usual•not feeling refreshed after
sleep•excessive head-nodding or
yawningCurrent as at [Not applicable]Page
259
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyPage 260•blurred vision•moodchanges,increasedirritabilityorotherchangestotheperson’s mental
health•changes to the person’s health or
fitnesssolodrivermeansadriverwhoisnotapartytoatwo-updriving
arrangement.standard hourshas the meaning
given by section 249.stationary rest timemeans rest time a driver spends—(a)out of a fatigue-regulated heavy
vehicle; or(b)inanapprovedsleeperberthofastationaryfatigue-regulated heavy vehicle.substantialriskbreachhasthemeaninggivenbysection 222(2).supplementaryrecordmeansasupplementaryrecordmadeunder section
305.tamper, with an
approved electronic recording system, has themeaning given by
section 334.two-updrivingarrangementmeansanarrangementunderwhich 2 persons share the driving of a
fatigue-regulated heavyvehicle that has an approved sleeper
berth.work,inrelationtoafatigue-regulatedheavyvehicle,means—(a)drive a fatigue-regulated heavy
vehicle; or(b)instructanotherpersontodrive,orsuperviseanotherperson driving, a fatigue-regulated heavy
vehicle; or(c)performanothertaskrelatingtotheuseofafatigue-regulatedheavyvehicle,including,forexample—(i)load
things onto, or unload things from, the heavyvehicle;
and(ii)inspect, service
or repair the heavy vehicle; and(iii)inspectorattendtoaloadontheheavyvehicle;andCurrent as at [Not
applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(iv)if the heavy
vehicle is a bus, attend to passengerson the bus;
and(v)clean or refuel the heavy vehicle;
and(vi)performmarketingtasksinrelationtothe
useofthe vehicle; andExamples for the
purposes of subparagraph (vi)—•arranging for the transport of goods or
passengers bythe heavy vehicle•canvassing for orders for the transport of
goods orpassengers by the heavy vehicle(vii) helpanotherpersontoperform,orsuperviseanotherpersonperforming,ataskmentionedinany of subparagraphs (i) to (vi);
and(viii) recordinformationorcompleteadocument,asrequiredunderthisLaw,acorrespondingfatiguelaworotherwise,inrelationtotheuseofthevehicle; or(d)occupythedriver’sseatofafatigue-regulatedheavyvehicle while its engine is running.workandrestchange,forthedriverofafatigue-regulatedheavy vehicle,
means—(a)a change from work time to rest time;
or(b)a change from rest time to work time;
or(c)a change from being a solo driver to
being a driver whois a party to a two-up driving arrangement;
or(d)a change from being a driver who is a
party to a two-updriving arrangement to being a solo
driver.workandresthoursoptionhasthemeaninggivenbysection 243.workdiary,forthedriverofafatigue-regulatedheavyvehicle—(a)generally, means a written work diary or
electronic workdiary kept by the driver for the purposes of
this Law;andCurrent as at [Not applicable]Page
261
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)forSubdivision1ofDivision2ofPart6.4,seesection 292.work
recordmeans—(a)awrittenorelectronicworkdiaryofthedriverofafatigue-regulated heavy vehicle;
or(b)a supplementary record; or(c)arecordrequiredtobemadeorkeptunder(orbyacondition under) Division 2, 3, 8 or 8A of
Part 6.4; or(d)acopyofadocument,oranentryinadocument,mentioned in paragraph (a), (b) or
(c).work time, for the driver
of a fatigue-regulated heavy vehicle,means any time
the driver spends undertaking work in relationto the
vehicle.written work diarymeans a written
work diary issued to thedriver of a fatigue-regulated heavy
vehicle by the Regulatorunder section 340 or a corresponding
fatigue law.222Categories of breaches(1)Acontraventionofamaximumworkrequirementorminimumrestrequirementisaminorriskbreachifitisdeclared under
the national regulations to be a breach in theminor risk
category.(2)Acontraventionofamaximumworkrequirementorminimum rest requirement is asubstantial risk breachif it isdeclared under the national regulations to
be a breach in thesubstantial risk category.(3)Acontraventionofamaximumworkrequirementorminimumrestrequirementisasevereriskbreachifitisdeclared under
the national regulations to be a breach in thesevere risk
category.(4)Acontraventionofamaximumworkrequirementorminimumrestrequirementisacriticalriskbreachifitisdeclared under
the national regulations to be a breach in thecritical risk
category.Page 262Current as at
[Not applicable]
Notauthorised—indicativeonlyPart
6.2Heavy Vehicle National Law Act 2012ScheduleDuties relating
to fatigueDivision 1Preliminary223What
is fatigue(1)Fatigueincludes (but is
not limited to)—(a)feeling sleepy; and(b)feeling physically or mentally tired,
weary or drowsy;and(c)feeling
exhausted or lacking energy; and(d)behaving in a way consistent with paragraph
(a), (b) or(c).(2)Thenationalregulationsmaycontainprovisionssupplementing,clarifyingorprovidingexamplesforanyofthe
provisions of sections 223 to 226.224Matters court may consider in deciding
whether personwas fatigued(1)Whendecidingwhetherthedriverofafatigue-regulatedheavyvehiclewasfatigued,acourtmayconsiderthefollowing—(a)what
is commonly understood as being fatigued;(b)the
causes of fatigue;(c)the signs of fatigue;(d)any relevant body of fatigue
knowledge;(e)any other matter prescribed by the
national regulations.(2)Subsection
(1)doesnotlimitthemattersthecourtmayconsiderwhendecidingwhetheradriverwasimpairedbyfatigue.Current as at [Not
applicable]Page 263
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule225What
is impaired by fatigueA driver isimpaired by
fatigueif the driver’s ability to drive afatigue-regulated heavy vehicle safely is
affected by fatigue.226Matters court may consider in deciding
whether personwas impaired by fatigue(1)Whendecidingwhetherthedriverofafatigue-regulatedheavy vehicle
was impaired by fatigue, a court may considerany of the
following—(a)any relevant cause of fatigue or sign
of fatigue that wasevident, and the degree to which it may
indicate that thedriver was impaired by fatigue;(b)anybehaviourexhibitedbythedriverthatmayhaveresulted from
the driver being impaired by fatigue;Examples for the
purposes of paragraph (b)—•the
circumstances of any incident, crash or near miss•poor driving judgement•inattentive driving such as drifting
into other lanes on a roador not changing gears smoothly(c)the nature and extent of any physical
or mental exertionby the driver;(d)whether the driver was in breach of the
driver’s workand rest hours option.(2)Subsection (1)doesnotlimitthemattersthecourtmayconsiderwhendecidingwhetheradriverwasimpairedbyfatigue.(3)Acourtmayconsiderthedrivertobeimpairedbyfatigueeven if the
driver has complied with—(a)the requirements
of this Law, including, for example, themaximumworkrequirementsandminimumrestrequirements applying to the driver;
or(b)any other law.Page 264Current as at [Not applicable]
Notauthorised—indicativeonlyDivision 2Heavy Vehicle
National Law Act 2012ScheduleDuty to avoid
fatigue228Duty of driver to avoid driving while
fatigued(1)A person must not drive a
fatigue-regulated heavy vehicle on aroad while the
person is impaired by fatigue.Maximum
penalty—$6000.(2)If,inrelationtoconductataparticulartimeinrelationtowhichadriverhasbeenchargedwithanoffenceundersubsection (1), the driver has been
convicted of a prescribeddriver offence under another law in
relation to—(a)the same conduct; or(b)thesamekindofconductoccurringduringthesamejourney;the
court must discharge the proceedings against the driver.(3)If,inrelationtoconductataparticulartimeinrelationtowhichadriverhasbeenchargedwithanoffenceundersubsection (1),thedriverhasbeenconvictedoftheoffenceandisalsochargedwithaprescribeddriveroffenceunderanother law (theother
offence) in relation to—(a)the
same conduct; or(b)thesamekindofconductoccurringduringthesamejourney;thecourtdealingwiththeotheroffencemustdischargetheproceedings against the driver for the
other offence.(4)In this section—prescribeddriveroffenceunderanotherlawmeansanoffence under another law of any
jurisdiction prescribed forthisdefinitionbythenationalregulationsoralawofthatjurisdiction.Current as at [Not
applicable]Page 265
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012SchedulePart 6.3Requirements relating to worktime
and rest timeDivision 1Preliminary243What
is a driver’swork and rest hours option(1)Theworkandresthoursoptionofthedriverofafatigue-regulatedheavyvehicleisthemaximumworkrequirements and minimum rest requirements
applying to thedriver under this Law.(2)Thework and rest hours optionis—(a)the standard
work and rest arrangements, which—(i)apply to drivers of fatigue-regulated heavy
vehiclesoperatingotherthanunderaBFMaccreditation,AFMaccreditationorworkandresthoursexemption; and(ii)are
known as ‘standard hours’; or(b)the
BFM work and rest arrangements, which—(i)apply to drivers of fatigue-regulated heavy
vehiclesoperating under a BFM accreditation;
and(ii)are known as
‘BFM hours’; or(c)the AFM work and rest arrangements,
which—(i)apply to drivers of fatigue-regulated
heavy vehiclesoperating under an AFM accreditation;
and(ii)are known as
‘AFM hours’; or(d)themaximumworktimesandminimumresttimesstated in a work
and rest hours exemption, which—(i)apply to drivers of fatigue-regulated heavy
vehiclesoperating under the exemption; and(ii)are known as
‘exemption hours’.Page 266Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012Schedule244Counting time spent in participating
jurisdictionsWhen counting work time or rest time spent
by the driver of afatigue-regulated heavy vehicle for this
Part, the work time orrest time spent by the driver in any
participating jurisdictionmust be counted.Notauthorised—indicativeonly245Counting time spent outside
participating jurisdictions(1)This
section applies to the driver of a fatigue-regulated heavyvehicle if the driver drives a
fatigue-regulated heavy vehicleintoaparticipatingjurisdictionfromanon-participatingjurisdiction.(2)If,
within the last 7 days, the driver has spent any work time
ina participating jurisdiction, any time spent
by the driver in thenon-participating jurisdiction must be
treated in the same wayas it would have been treated if the
time had been spent in aparticipating jurisdiction.(3)If, within the last 7 days, the driver
spent work time only innon-participating
jurisdictions—(a)anytimespentbythedriverinthenon-participatingjurisdiction
before the start of the driver’s last major restbreakbeforeenteringaparticipatingjurisdictionmustbe
disregarded; and(b)anytimespentbythedriverinthenon-participatingjurisdictionafterthestartofthelastmajorrestbreakmentioned in paragraph (a) must be—(i)taken into account; and(ii)treatedinthesamewayasitwouldhavebeentreated if the
time had been spent in a participatingjurisdiction.246Counting periods of less than 15
minutes—written workdiaries(1)This
section applies if a driver uses a written work diary.(2)Work time must be counted in 15 minute
periods.Current as at [Not applicable]Page
267
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(3)A
period of work time of less than 15 minutes counts as 15minutes work time.Examples for the
purposes of subsection (3)—1A
period of working for 14 minutes counts as 15 minutes worktime.2A
period of working for 17 minutes counts as 30 minutes worktime.3A
period of working for 53 minutes counts as 1 hour work time.(4)Rest time must be counted in blocks of
time of no less than 15minutes.(5)Aperiodofresttimeoflessthan15minutesmustbedisregarded.Examples for the
purposes of subsection (5)—1A
period of not working for only 14 minutes does not count as
resttime, because 14 minutes is less than 15
minutes.2A period of not working for 17 minutes
counts as 15 minutes resttime, because 17 minutes is more than
15 minutes, but is less than2 lots of 15
minutes (30 minutes).246ACounting periods
of less than 15 minutes—electronicwork
diaries(1)This section applies if a driver uses
an electronic work diary.(2)Work time and
rest time must be counted in 1 minute periods.(3)A
period of work time or rest time of less than 1 minute mustnot
be counted.(4)A period of rest time of less than 15
minutes does not counttowards a minimum rest time.Examples for the purposes of subsection
(4)—1A period of not working for 10 minutes
does not count towards aminimum rest time because 10 minutes
is less than 15 minutes.2A period of not
working on 3 separate occasions for 14 minutes, 24minutes and 22 minutes does not count as 60
minutes rest timebecause the period of 14 minutes, being less
than 15 minutes, isdisregarded.Page 268Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNote—This section
relates to calculating whether a driver has complied withmaximum work requirements and minimum rest
requirements applyingto the driver. It does not matter if
the technology used by an electronicwork diary
counts a period less than 1 minute mentioned in subsections(2)
and (3) in the course of arriving at calculations that comply with
thesubsections.Notauthorised—indicativeonly247Time to be counted after rest time
endsWhen counting time in a period, the time
must not be countedfromwithinresttime,butinsteadmustbecountedforwardfrom—(a)if1ormoremajorrestbreaksarerelevanttotheperiod—the end of a relevant major
rest break; or(b)in any other case—the end of a
relevant period of resttime.Example—An
authorised officer intercepts the driver of a fatigue-regulated
heavyvehicle on a Friday and inspects the
driver’s work diary. The driveroperates under
standard hours. The officer examines the work diaryentriesforthepreviousMonday.Theentriesshowthatthedrivercompleted 7
continuous hours of stationary rest time at 6.30a.m. on thatday,
started work at that time, worked until 11a.m. that day, had
45minutes of rest time, worked until 5.00p.m.
that day, then had stationaryrest time until
4.30a.m. on the following day, Tuesday, and then workeduntil 6.30a.m. on that day.In
order to determine the total number of hours worked by the driver
ina24hourperiodstartingontheMonday,theninaccordancewithsection 247(a) the officer must commence
counting from the end of therelevant major
rest break, which in this case is from 6.30a.m. on theMonday until 6.30a.m. on the Tuesday. Adding
up the driver’s workperiods - 6.30a.m. to 11a.m.,
11.45a.m. to 5.00p.m. and 4.30a.m. to6.30a.m. -
results in a total of 113/4hours worked in the 24 hour
period.The officer might also decide to assess
whether the driver has compliedwith his or her
maximum work and minimum rest requirements for thesame
24 hour period.For instance, in any period of 51/2hours, a driver must not work formore
than 51/4hours and must have at least 15 minutes
continuous restwhen operating under standard hours. To
assess whether the driver hascomplied with
this requirement, then in accordance with section 247(b)the
officer must commence counting only from the end of a period
ofCurrent as at [Not applicable]Page
269
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedulerest-fromeither6.30a.m.or11.45a.m.ontheMonday,orfrom4.30a.m. on the
Tuesday. If the officer commenced counting at the endof
the rest time that finished at 11.45a.m., the officer would see
that thedriver had worked for 51/4continuous hours
before commencing rest.For the purposes of determining
whether on Monday the driver had aminimum of 7
continuous hours stationary rest in a 24 hour period asrequired under standard hours, the officer
must assess the length of theperiods of
stationary rest time the driver had between the end of themajor rest break that finished at 6.30a.m.
on the Monday and 6.30a.m.on the Tuesday. The officer sees that
between 5.00p.m. on the Mondayand 4.30a.m. on
the Tuesday the driver had a total of 111/2continuoushours of
stationary rest time.248Time to be
counted by reference to time zone of driver’sbaseIf
the driver of a fatigue-regulated heavy vehicle undertakes ajourney and is in a different time zone from
the time zone ofthe driver’s base at the time when a period
of time is relevantfor the purposes of this Law, the period
must be counted byreference to the time zone of the driver’s
base.Example—If, for the
driver of a fatigue-regulated heavy vehicle with a base inQueensland, it is necessary to work out the
hours of night work timewhile the driver is in Western
Australia on a journey, the hours of nightwork time are
the hours between midnight and 6a.m. in the Queenslandtime
zone (being the time zone in which the driver’s base is
situated),even though the hours equate to 10p.m. and
4a.m. in Western Australia.Division 2Standard work and restarrangements249Standard hours(1)Thenationalregulationsmayprescribethemaximumworktimes and minimum rest times (thestandard hours)
applyingto the driver of a fatigue-regulated heavy
vehicle for a periodif the driver is not operating under a
BFM accreditation, AFMaccreditation or work and rest hours
exemption.Page 270Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(2)Without limiting subsection (1), the
national regulations mayprescribe—(a)different standard hours for solo drivers,
solo drivers offatigue-regulated buses and drivers who are
a party to atwo-up driving arrangement; and(b)that a solo driver of a
fatigue-regulated bus may operateunder either,
but not both, the standard hours for solodriversorthestandardhoursforsolodriversoffatigue-regulated buses; and(c)thataminorriskbreachofamaximumworkrequirementprescribedintheregulationsisnottobetreated as a minor risk breach.(3)A minor risk breach prescribed for the
purposes of subsection(2)(c) is not a contravention of
section 250 or 251.250Operating under standard hours—solo
drivers(1)The solo driver of a fatigue-regulated
heavy vehicle commitsan offence if, in any period stated in
the standard hours for thedriver, the driver—(a)works for more than the maximum work
time stated inthe standard hours for the period; or(b)rests for less than the minimum rest
time stated in thestandard hours for the period.Maximum penalty—(a)for
a minor risk breach—$4000; or(b)for
a substantial risk breach—$6000; or(c)for
a severe risk breach—$10000; or(d)for
a critical risk breach—$15000.251Operating under standard hours—two-up
drivers(1)The driver of a fatigue-regulated
heavy vehicle who is a partyto a two-up
driving arrangement commits an offence if, in anyperiod stated in the standard hours for the
driver, the driver—Current as at [Not applicable]Page
271
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(a)works for more than the maximum work time
stated inthe standard hours for the period; or(b)rests for less than the minimum rest
time stated in thestandard hours for the period.Maximum penalty—(a)for
a minor risk breach—$4000; or(b)for
a substantial risk breach—$6000; or(c)for
a severe risk breach—$10000; or(d)for
a critical risk breach—$15000.252Defence relating to short rest breaks for
drivers operatingunder standard hours(1)Thissectionappliesif,ataparticulartime,thedriverofafatigue-regulated heavy vehicle is
required, under section 250or 251, to have
a short rest break.Examples of when this section
applies—Thedriverisrequiredtohave15continuousminutesresttimebecause—(a)the
driver has worked for 51/4hours; or(b)thedriverhasworkedfor71/2hoursandhasonlyhad15continuous minutes rest time during
that period; or(c)the driver has worked for 10 hours and
has only had 3 lots of15 continuous minutes rest time during
that period.(2)Inaproceedingforanoffenceagainstsection 250or251relating to the driver failing to have
the short rest break, it is adefence for the
driver to prove that—(a)at the time the
driver was required to have the short restbreak,therewasnosuitablerestplaceforfatigue-regulated heavy vehicles; and(b)the driver had the short rest
break—(i)at the next suitable rest place for
fatigue-regulatedheavyvehiclesavailableafterthattimeontheforward route of
the driver’s journey; andPage 272Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(ii)no later than 45
minutes after the time the driverwas required to
have the short rest break.Example of when the defence
applies—The driver of a fatigue-regulated heavy
vehicle fails to have a short restbreak after
51/4hours of work time because there was no
suitable restplaceforfatigue-regulatedheavyvehicleswhenthedriverwasscheduled to have the short rest break.
Instead, the driver has a shortrestbreakafter51/2hoursworkatasuitablerestplaceforfatigue-regulated heavy vehicles down
the road.(3)In this section—short rest
breakmeans rest time of less than 1 hour.Division 3BFM work and
rest arrangements253BFM hours(1)Thenationalregulationsmayprescribethemaximumworktimesandminimumresttimesapplyingtothedriverofafatigue-regulatedheavyvehicleforaperiodifthedriverisoperating under a BFM accreditation
(theBFM hours).(2)Without limiting subsection (1), the
national regulations mayprescribe—(a)different BFM hours for solo drivers and
drivers who area party to a two-up driving arrangement;
and(b)thataminorriskbreachofamaximumworkrequirementprescribedintheregulationsisnottobetreated as a minor risk breach.(3)A minor risk breach prescribed for the
purposes of subsection(2)(b) is not a contravention of
section 254 or 256.254Operating under BFM hours—solo
drivers(1)The solo driver of a fatigue-regulated
heavy vehicle commitsan offence if, in any period stated in
the BFM hours for thedriver, the driver—Current as at [Not applicable]Page
273
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(a)works for more than the maximum work time
stated inthe BFM hours for the period; or(b)rests for less than the minimum rest
time stated in theBFM hours for the period.Maximum penalty—(a)for
a minor risk breach—$4000; or(b)for
a substantial risk breach—$6000; or(c)for
a severe risk breach—$10000; or(d)for
a critical risk breach—$15000.255Defence for solo drivers operating under BFM
hoursrelating to split rest breaks(1)Thissectionappliesif,ataparticulartime,thedriverofafatigue-regulated heavy vehicle is
required under section 254to have 7 continuous hours of
stationary rest time in a periodof 24
hours.(2)In a proceeding for an offence against
section 254 for a solodriverofafatigue-regulatedheavyvehiclerelatingtothedriver failing
to have the 7 continuous hours of stationary resttime, it is a defence for the driver to
prove that—(a)atthetimethedriverwasrequiredtohavethe7continuous hours of stationary rest
time, the driver wasoperatingunderBFMhoursasasolodriverofafatigue-regulated heavy vehicle; and(b)during the period of 24 hours for
which the 7 continuoushours of stationary rest time was
required to be had, thedriver had 6 continuous hours of
stationary rest time and2 continuous hours of stationary rest
time (asplit restbreak);
and(c)the driver had not had a split rest
break in the previous24-hour period.Example of when
the defence applies—The driver of a fatigue-regulated
heavy vehicle stops work to have 7continuous hours
of stationary rest time, but can not sleep, so the driverhas
only 2 continuous hours of stationary rest time and then drives
onPage 274Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012Schedulefor
a further 2 hours and has a further 6 continuous hours of
stationaryrest time at another place down the road. In
the previous 24-hour periodthe driver had 7
continuous hours of stationary rest time.Notauthorised—indicativeonly256Operating under BFM hours—two-up
drivers(1)The driver of a fatigue-regulated
heavy vehicle who is a partyto a two-up
driving arrangement commits an offence if, in anyperiod stated in the BFM hours for the
driver, the driver—(a)works for more than the maximum work
time stated inthe BFM hours for the period; or(b)rests for less than the minimum rest
time stated in theBFM hours for the period.Maximum penalty—(a)for
a minor risk breach—$4000; or(b)for
a substantial risk breach—$6000; or(c)for
a severe risk breach—$10000; or(d)for
a critical risk breach—$15000.Division 4AFM
work and rest arrangements257AFM hoursAFM
hoursare the maximum work times and minimum
resttimesapplying,foraperiod,tothedriverofafatigue-regulatedheavyvehicleoperatingunderanAFMaccreditation, and stated in the
accreditation certificate for theaccreditation.258Operating under AFM hours(1)The driver of a
fatigue-regulatedheavyvehicle commits
anoffenceif,inanyperiodstatedintheAFMhoursforthedriver, the
driver—(a)works for more than the maximum work
time stated inthe AFM hours; orCurrent as at [Not
applicable]Page 275
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)rests for less than the minimum rest time
stated in theAFM hours.Maximum
penalty—(a)for a minor risk breach—$4000;
or(b)for a substantial risk breach—$6000;
or(c)for a severe risk breach—$10000;
or(d)for a critical risk
breach—$15000.Division 5Arrangements
under work and resthours exemption259Exemption hours(1)Exemption hoursare the maximum
work times and minimumresttimesapplying,foraperiod,tothedriverofafatigue-regulated heavy vehicle
operating under a work andrest hours exemption, and stated in
the relevant document forthe exemption.(2)In
this section—relevant documentmeans—(a)foraworkandresthoursexemption(notice)—theCommonwealth
Gazette notice for the exemption; or(b)foraworkandresthoursexemption(permit)—thepermit for the
exemption.260Operating under exemption hours(1)Thedriverofafatigue-regulatedheavyvehicleoperatingunder a work and rest hours exemption
commits an offence if,in any period stated in the exemption
hours for the exemption,the driver—(a)works for more than the maximum work time
stated inthe exemption hours; orPage 276Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)rests for less than the minimum rest
time stated in theexemption hours.Maximum
penalty—(a)for a minor risk breach—$4000;
or(b)for a substantial risk breach—$6000;
or(c)for a severe risk breach—$10000;
or(d)for a critical risk
breach—$15000.Division 7Changing work
and rest hoursoption262Changing work and rest hours option(1)The driver of a fatigue-regulated
heavy vehicle may operateunder only 1 work and rest hours
option at any 1 time.(2)However, the
driver of a fatigue-regulated heavy vehicle maychange from 1
work and rest hours option to a different workand rest hours
option.263Operating under new work and rest
hours option afterchange(1)The
driver of a fatigue-regulated heavy vehicle must not drivethe
vehicle after changing from 1 work and rest hours optionto a
different work and rest hours option unless—(a)ifthechangeisfromstandardhoursorBFMhours,either the
driver—(i)isincompliancewithallthemaximumworkrequirementsandminimumrestrequirementsunder the work
and rest hours option to which thedriver has
changed; or(ii)has had a reset
rest break; andExamples for the purposes of paragraph
(a)—1If the driver of a fatigue-regulated
heavy vehicle is changingfrom BFM hours to standard hours and
the minimum restCurrent as at [Not applicable]Page
277
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedulerequirements
applying to drivers operating under standardhours requires
the driver to have a longer rest time than isrequiredunderBFMhours,thedrivermaystartdrivingunder standard hours only if the driver has
had the longerrest time or a reset rest break.2If the driver of a fatigue-regulated
heavy vehicle is changingfrom BFM hours to standard hours and
the minimum restrequirements applying to drivers operating
under standardhours requires the driver to have rest time
earlier than isrequiredunderBFMhours,thedrivermaystartdrivingunder standard hours only if the driver has
had the earlierrest time or a reset rest break.(b)if the change is from AFM hours or
exemption hours,the driver has had a reset rest break;
and(c)thedrivercomplieswithallotherrequirementsoftheworkandresthoursoptiontowhichthedriverhaschanged.Example of other
requirements for the purposes of paragraph (c)—If the driver is
changing to BFM hours or AFM hours, the drivermustbeinductedintotherelevantoperator’sBFMorAFMfatigue
management system.Maximum penalty—$4000.(2)Ifthedriverofafatigue-regulatedheavyvehiclehashadareset rest break
between changing from 1 work and rest hoursoption to a
different work and rest hours option, the period towhichthenewworkandresthoursoptionappliesmustbecounted forward from the end of the reset
rest break.(5)In this section—resetrestbreakmeansaperiodofresttimeofatleast48continuous hours.264Duty
of employer, prime contractor, operator andscheduler to
ensure driver compliance(1)This section
applies if the driver of a fatigue-regulated heavyvehiclechangesfrom1workandresthoursoptiontoadifferent work and rest hours
option.(2)Arelevantpartyforthedrivermustensure,sofarasisreasonably practicable, the driver—Page
278Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(a)doesnotdriveafatigue-regulatedheavyvehicleaftermaking the change unless the driver has
complied withsection 263; and(b)can
comply with his or her obligations in relation to thechange.Maximum
penalty—$6000.(5)In this section—relevantparty,forthedriverofafatigue-regulatedheavyvehicle, means—(a)an
employer of the driver if the driver is an employeddriver; or(b)aprimecontractorofthedriverifthedriverisaself-employed driver; or(c)anoperatorofthevehicleifthedriverismakingajourney for the operator; or(d)a scheduler for the vehicle.Division 8Exemptions
relating to work timesand rest timesSubdivision
1Exemption for emergency services265Emergency services exemption(1)A person who is acting for an
emergency service and who hastime-critical
duties on the way to, or during, an emergency isexemptedinthecourseofcarryingoutthedutiesfromcompliance with this Part.(2)A person who is acting for an
emergency service and who isreturningfromattendinganemergencyisexemptedfromcompliance with this Part if the person
reasonably believes thenoncompliancedoesnotpresentanunreasonabledangertoother road users.Current as at [Not
applicable]Page 279
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(3)A
person who is acting for an emergency service is exemptedfromcompliancewiththisPartundersubsection
(1)or(2)onlyif,attherelevanttime,thepersoncomplieswithanyguidelines regarding the management of
fatigue issued by oron behalf of the emergency service or
an authority responsiblefor oversight of the emergency
service.(4)In this section—emergencymeans an event, or an anticipated event,
that—(a)endangers,ormayendanger,life,propertyortheenvironment; or(b)has
disrupted, or may disrupt, communications, energysupply, water supply or sewerage services;
or(c)is declared to be an emergency or
disaster by—(i)the Commonwealth or a State or
Territory; or(ii)aCommonwealthorStateorTerritoryauthorityresponsibleformanagingresponsestoemergencies or disasters.Examples of an emergency—fire, explosion or natural disasteremergencyservicemeansanentitythathasastatutoryresponsibilitytorespondtoanemergencyandincludesthefollowing—(a)an
ambulance service;(b)a fire brigade, including a volunteer
fire brigade;(c)a police force or police
service;(d)adisasteroremergencyorganisationoftheCommonwealth or a State or
Territory.Page 280Current as at
[Not applicable]
Notauthorised—indicativeonlySubdivision 2Heavy Vehicle
National Law Act 2012ScheduleExemptions by
CommonwealthGazette notice266Regulator’s power to exempt class of drivers
fromparticular maximum work requirements and
minimumrest requirements(1)TheRegulatormay,byCommonwealthGazettenoticecomplying with
section 270, grant an exemption to allow, foraperiodofnotmorethan3years,aclassofdriversoffatigue-regulatedheavyvehiclestooperateunderthemaximum work times and minimum rest
times stated in theexemption.(2)An
exemption under subsection (1) is awork and rest
hoursexemption (notice).267Restriction on grant of work and rest
hours exemption(notice)(1)TheRegulatormaygrantaworkandresthoursexemption(notice) only if
the Regulator is satisfied—(a)requiring the class of drivers to whom the
exemption isto apply to comply with the standard hours
would be anunreasonable restriction on operations
conducted by—(i)the class of drivers; or(ii)relevant parties
for the class of drivers; and(b)if
the maximum work times and minimum rest times toapplyundertheexemptioncouldbeaccommodatedwithinBFMhoursorAFMhours—therequirementsapplyingtoBFMaccreditationorAFMaccreditationunder this Law
would, having regard to the nature of theoperations,beunreasonablefortheoperationsconducted
by—(i)the class of drivers; or(ii)relevant parties
for the class of drivers; andCurrent as at [Not
applicable]Page 281
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(c)thedriverfatiguemanagementpracticesthataretoapply to drivers operating under the
exemption would, iffollowed, safely manage fatigue risks;
and(d)the class of drivers to whom the
exemption is to apply islikelytofollowthepracticesconsistentlyandeffectively.(2)Indecidingwhetherornottograntaworkandresthoursexemption(notice),theRegulatormusthaveregardtotheapprovedguidelinesforgrantingworkandresthoursexemptions.(3)In
this section—relevantparties,foraclassofdriversoffatigue-regulatedheavy vehicles,
means—(a)employers of the class of drivers if
they are employeddrivers; or(b)primecontractorsfortheclassofdriversiftheyareself-employed drivers; or(c)operatorsoffatigue-regulatedheavyvehiclesifthedriversoftheclassaretomakejourneysfortheoperators using
the vehicles.268Conditions of work and rest hours
exemption (notice)A work and rest hours exemption (notice) may
be subject toany conditions the Regulator considers
appropriate, including,for example—(a)conditionsaboutdriverfatiguemanagementpracticesthataretoapplytodriversoperatingundertheexemption; and(b)conditions about keeping records relating to
the driverfatigue management practices; and(c)a condition that the driver of a
fatigue-regulated heavyvehicle who is operating under the
exemption must keepin the driver’s possession a copy of—Page
282Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012Schedule(i)theCommonwealthGazettenoticefortheexemption; or(ii)aninformationsheetabouttheexemptionpublishedbytheRegulatorontheRegulator’swebsite.Notauthorised—indicativeonly269Period for which work and rest hours
exemption (notice)appliesA work and rest
hours exemption (notice)—(a)takes
effect—(i)whentheCommonwealthGazettenoticefortheexemption is published; or(ii)ifalatertimeisstatedintheCommonwealthGazette notice,
at the later time; and(b)appliesfortheperiodstatedintheCommonwealthGazette
notice.270Requirements about Commonwealth
Gazette notice(1)A Commonwealth Gazette notice for a
work and rest hoursexemption (notice) must state the
following—(a)the class of drivers of
fatigue-regulated heavy vehiclesto which the
exemption applies;(b)the maximum work times and minimum
rest times thatare to apply to drivers operating under the
exemption;(c)the other conditions of the
exemption;(d)the period for which the exemption
applies.(2)TheRegulatormustpublishacopyoftheCommonwealthGazette notice
on the Regulator’s website.271Amendment or
cancellation of work and rest hoursexemption
(notice)(1)Each of the following is a ground for
amending or cancellinga work and rest hours exemption
(notice)—Current as at [Not applicable]Page
283
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(a)sincetheexemptionwasgranted,therehasbeenachangeinthecircumstancesthatwererelevanttotheRegulator’s
decision to grant the exemption and, had thechanged
circumstances existed when the exemption wasgranted,theRegulatorwouldnothavegrantedtheexemption, or would have granted the
exemption subjectto conditions or different
conditions;(b)theuseoffatigue-regulatedheavyvehiclesundertheexemption has caused, or is likely to
cause, a significantrisk to public safety.(2)If the Regulator considers a ground
exists to amend or cancela work and rest hours exemption
(notice), the Regulator mayamendorcanceltheexemptionbycomplyingwithsubsections (3) to (5).(3)The
Regulator must publish a public notice—(a)stating that the Regulator believes a ground
mentionedinsubsection (1)(a)or(b)foramendingorcancellingthe exemption
exists; and(b)outlining the facts and circumstances
forming the basisfor the belief; and(c)statingtheactiontheRegulatorisproposingtotakeunder this
section (theproposed action); and(d)inviting persons who will be affected
by the proposedaction to make, within a stated time of at
least 14 daysaftertheCommonwealthGazettenoticeispublished,writtenrepresentationsabout whytheproposedactionshould not be taken.(4)If,afterconsideringallwrittenrepresentationsmadeundersubsection
(3)(d), the Regulator still considers a ground existsto
take the proposed action, the Regulator may—(a)iftheproposedactionwastoamendtheexemption—amendtheexemption,including,forexample,byimposing additional conditionson
the exemption, in away that is not substantially different from
the proposedaction; or(b)if
the proposed action was to cancel the exemption—Page
284Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(i)amend the exemption, including, for
example, byimposing additional conditions on the
exemption;or(ii)cancel the
exemption.(5)The Regulator must publish a public
notice of the amendmentor cancellation.(6)The
amendment or cancellation takes effect—(a)28daysaftertheCommonwealthGazettenoticeispublished under subsection (5); or(b)if a later time is stated in the
Commonwealth Gazettenotice, at the later time.272Immediate suspension(1)This section applies if the Regulator
considers—(a)agroundexiststocancelaworkandresthoursexemption (notice); and(b)it
is necessary to suspend the exemption immediately toprevent or minimise serious harm to public
safety.(2)TheRegulatormay,bypublicnotice,immediatelysuspendthe
exemption until the earliest of the following—(a)theendof56daysafterthedaythepublicnoticeispublished;(b)theRegulatorpublishesanoticeundersection271(5)andtheamendmentorcancellationtakeseffectundersection 271(6);(c)the
Regulator cancels the suspension by public notice.(4)Thesuspension,or(whererelevant)thecancellationofthesuspension, takes effect immediately
after the CommonwealthGazette notice is published under
subsection (3).(5)This section applies despite section
271.Current as at [Not applicable]Page
285
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012ScheduleSubdivision
3Exemptions by permit273Regulator’s power to exempt drivers from
particularmaximum work requirements and minimum
restrequirements(1)The
Regulator may, by giving a person a permit as mentionedin
section 278, grant an exemption to allow, for a period of
notmorethan3years,adriverofafatigue-regulatedheavyvehicle,oraclassofdriversoffatigue-regulatedheavyvehicles,tooperateunderthemaximumworktimesandminimum rest times stated in the
exemption.(2)An exemption under subsection (1) is
awork and rest hoursexemption
(permit).(3)TheRegulatormaygrantaworkandresthoursexemption(permit) to the
operator of a fatigue-regulated heavy vehicle incombination with the operator’s BFM
accreditation or AFMaccreditation.(4)TheRegulatormaygrantaworkandresthoursexemption(permit)—(a)in a way that does not cover all the
drivers sought by theapplicant; or(b)setting maximum work times and minimum rest
timesdifferent to the maximum work times and
minimum resttimes sought by the applicant.274Application for work and rest hours
exemption (permit)(1)Any of the following persons may apply
to the Regulator for awork and rest hours exemption
(permit)—(a)anemployerofadriverofafatigue-regulatedheavyvehicle;(b)aprimecontractorforadriverofafatigue-regulatedheavy
vehicle;(c)an operator of a fatigue-regulated
heavy vehicle;Page 286Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(d)aself-employeddriverofafatigue-regulatedheavyvehicle.(2)The
application must—(a)be in the approved form; and(b)state the following—(i)the period for which the exemption is
sought;(ii)any conditions
to which the exemption is sought tobe
subject;(iii)the name of the
driver of a fatigue-regulated heavyvehicle to whom
the exemption is sought to apply,ordetailsoftheclassofdriversoffatigue-regulatedheavyvehiclestowhomtheexemption is sought to apply;(iv)the proposed
maximum work times and minimumresttimesthatwouldbefollowedbydriversoperating under
the exemption;(v)iftheproposedmaximumworktimesandminimum rest times to apply under the
exemptioncouldbeaccommodatedwithinBFMhoursorAFM
hours—(A)the driver fatigue management
practices thatwouldbefollowedbytheapplicantanddrivers operating under the exemption;
and(B)howthepracticeswouldsafelymanagefatigue risks; and(C)howtherequirementsapplyingtoBFMaccreditationorAFMaccreditationunderthisLawwouldbeunreasonablefortheoperationsconductedbytheapplicant,having regard to
the nature of the operations;and(c)beaccompaniedbytheprescribedfeefortheapplication.Current as at [Not
applicable]Page 287
Heavy
Vehicle National Law Act 2012Schedule(3)The Regulator may, by notice given to
the applicant, requirethe applicant to give the Regulator
any additional informationthe Regulator reasonably requires to
decide the application.Notauthorised—indicativeonly275Restriction on grant of work and rest
hours exemption(permit)(1)TheRegulatormaygrantaworkandresthoursexemption(permit) only if
the Regulator is satisfied—(a)requiring the drivers to whom the exemption
is to applytocomplywiththestandardhourswouldbeanunreasonable restriction on operations
conducted by theapplicant; and(b)if
the maximum work times and minimum rest times toapplyundertheexemptioncouldbeaccommodatedwithinBFMhoursorAFMhours—therequirementsapplyingtoBFMaccreditationorAFMaccreditationunderthisLawwouldbeunreasonablefortheoperations conducted by the applicant,
having regard tothe nature of the operations; and(c)thedriverfatiguemanagementpracticesthataretoapply to drivers operating under the
exemption would, iffollowed, safely manage fatigue risks;
and(d)the drivers to whom the exemption is
to apply are likelyto follow the practices consistently and
effectively.(2)Indecidingwhetherornottograntaworkandresthoursexemption(permit),theRegulatormusthaveregardtotheapprovedguidelinesforgrantingworkandresthoursexemptions.276Conditions of work and rest hours exemption
(permit)(1)IftheRegulatorgrantsaworkandresthoursexemption(permit) to the
operator of a fatigue-regulated heavy vehicle incombination with the operator’s BFM
accreditation or AFMaccreditation,itisaconditionoftheexemptionthattheoperator must comply with all the conditions
of the operator’sBFM accreditation or AFM
accreditation.Page 288Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012Schedule(2)A work and rest hours exemption
(permit) may be subject toanyotherconditionstheRegulatorconsidersappropriate,including, for
example, conditions about—(a)driver fatigue
management practices that are to apply todrivers
operating under the exemption; and(b)keepingrecordsrelatingtothedriverfatiguemanagement practices.Notauthorised—indicativeonly277Period for which work and rest hours
exemption (permit)applies(1)Aworkandresthoursexemption(permit)appliesfortheperiod stated in the permit for the
exemption.(2)The period may be less than the period
sought by the applicantfor the work and rest hours exemption
(permit).278Permit for work and rest hours
exemption (permit) etc.(1)IftheRegulatorgrantsaworkandresthoursexemption(permit) to a
person, the Regulator must give the person—(a)a
permit for the exemption; and(b)ifprescribedcircumstancesapplytothegrantoftheexemption—aninformationnoticefortheprescribedcircumstances.(2)A
permit for a work and rest hours exemption (permit) muststate the following—(a)the
name of the person to whom the permit is given;(b)the
driver of a fatigue-regulated heavy vehicle, or classof
drivers of fatigue-regulated heavy vehicles, to whichthe
exemption applies;(c)the maximum work times and minimum
rest times thatapply to drivers operating under the
exemption;(d)the conditions of the exemption,
including, if applicable,the condition mentioned in section
276(1);(e)the period for which the exemption
applies.Current as at [Not applicable]Page
289
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(3)In
this section—prescribedcircumstances,foraworkandresthoursexemption (permit), means the Regulator
has—(a)imposedconditionsontheexemptionundersection 276(2); or(b)granted the exemption in a way that does not
cover allthe drivers sought by the applicant for the
exemption; or(c)granted the exemption setting maximum
work times andminimumresttimesdifferenttothemaximumworktimes and
minimum rest times sought by the applicantfor the
exemption; or(d)granted the exemption for a period
less than the periodof not more than 3 years sought by the
applicant for theexemption.279Refusal of application for work and rest
hours exemption(permit)IftheRegulatorrefusesanapplicationforaworkandresthoursexemption(permit),theRegulatormustgivetheapplicant an information notice for the
decision to refuse theapplication.280Amendment or cancellation of work and rest
hoursexemption (permit) on application by permit
holder(1)The holder of a permit for a work and
rest hours exemption(permit)mayapplytotheRegulatorforanamendmentorcancellation of the exemption.(2)The application must—(a)be in the approved form; and(b)beaccompaniedbytheprescribedfeefortheapplication;
and(c)if the application is for an
amendment—state clearly theamendment sought
and the reasons for the amendment;andPage
290Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(d)be accompanied by the permit.(3)The Regulator may, by notice given to
the applicant, requirethe applicant to give the Regulator
any additional informationthe Regulator reasonably requires to
decide the application.(4)TheRegulatormustdecidetheapplicationassoonaspracticable after receiving it.(5)If the Regulator decides to grant the
application—(a)theRegulatormustgivetheapplicantnoticeofthedecision;
and(b)the amendment or cancellation takes
effect—(i)whennoticeofthedecisionisgiventotheapplicant; or(ii)ifalatertimeisstatedinthenotice,atthelatertime; and(c)if the Regulator amended the
exemption, the Regulatormustgivetheapplicantareplacementpermitfortheexemption as
amended.(6)If the Regulator decides not to amend
or cancel the exemptionas sought by the applicant, the
Regulator must—(a)give the applicant an information
notice for the decision;and(b)return the permit for the exemption to the
applicant.281Amendment or cancellation of work and
rest hoursexemption (permit) on Regulator’s
initiative(1)Each of the following is a ground for
amending or cancellinga work and rest hours exemption
(permit)—(a)theexemptionwasgrantedbecauseofadocumentorrepresentation that was—(i)false or misleading; or(ii)obtained or made
in an improper way;(b)theholderofthepermitfortheexemptionhascontravened this Law or a
corresponding fatigue law;Current as at [Not applicable]Page
291
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(c)a
driver of a fatigue-regulated heavy vehicle to whomtheexemptionapplieshascontravenedthisLaworacorresponding fatigue law;(d)sincetheexemptionwasgranted,therehasbeenachangeinthecircumstancesthatwererelevanttotheRegulator’s
decision to grant the exemption and, had thechanged
circumstances existed when the exemption wasgranted,theRegulatorwouldnothavegrantedtheexemption, or would have granted the
exemption subjectto conditions or different
conditions.(2)If the Regulator considers a ground
exists to amend or cancelaworkandresthoursexemption(permit)(theproposedaction), the Regulator
must give the holder of the permit forthe exemption a
notice—(a)stating the proposed action;
and(b)stating the ground for the proposed
action; and(c)outlining the facts and circumstances
forming the basisfor the ground; and(d)iftheproposedactionistoamendtheexemption(includingaconditionoftheexemption)—statingtheproposed amendment; and(e)inviting the holder to make, within a stated
time of atleast14daysafterthenoticeisgiventotheholder,writtenrepresentationsabout whytheproposedactionshould not be taken.(3)If,afterconsideringallwrittenrepresentationsmadeundersubsection
(2)(e), the Regulator still considers a ground existsto
take the proposed action, the Regulator may—(a)iftheproposedactionwastoamendtheexemption—amendtheexemption,including,forexample,byimposing additional conditionson
the exemption, in away that is not substantially different from
the proposedaction; or(b)if
the proposed action was to cancel the exemption—Page
292Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(i)amend the exemption, including, for
example, byimposing additional conditions on the
exemption;or(ii)cancel the
exemption.(4)The Regulator must give the holder an
information notice forthe decision.(5)The
amendment or cancellation takes effect—(a)when
the information notice is given to the holder; or(b)if a later time is stated in the
information notice, at thelater time.282Immediate suspension of work and rest hours
exemption(permit)(1)This
section applies if the Regulator considers—(a)agroundexiststocancelaworkandresthoursexemption (permit); and(b)it
is necessary to suspend the exemption immediately toprevent or minimise serious harm to public
safety.(2)The Regulator may, by notice (immediate suspension notice)given to the person to whom the permit
for the exemption wasgiven, immediately suspend the
exemption until the earliest ofthe
following—(a)theRegulatorgivestheholderanoticeundersection 281(4) and the amendment or
cancellation takeseffect under section 281(5);(b)the Regulator cancels the
suspension;(c)theendof56daysafterthedaytheimmediatesuspension notice is given to the
holder.(3)This section applies despite sections
280 and 281.Current as at [Not applicable]Page
293
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule283Minor
amendment of work and rest hours exemption(permit)The
Regulator may, by notice given to the holder of a permitforaworkandresthoursexemption(permit),amendtheexemption in a minor respect—(a)for a formal or clerical reason;
or(b)inanotherwaythatdoesnotadverselyaffecttheholder’s interests.284Return of permit(1)Ifaperson’sworkandresthoursexemption(permit)isamended or cancelled, the Regulator
may, by notice given tothe person, require the person to
return the person’s permit forthe exemption to
the Regulator.(2)The person must comply with the notice
within 7 days afterthe notice is given to the person or, if a
longer period is statedin the notice, within the longer
period.Maximum penalty—$6000.(3)If
the exemption has been amended, the Regulator must givethepersonareplacementpermitfortheexemptionasamended.285Replacement of defaced etc. permit(1)Ifaperson’spermitforaworkandresthoursexemption(permit) is
defaced, destroyed, lost or stolen, the person must,as
soon as reasonably practicable after becoming aware of thematter, apply to the Regulator for a
replacement permit.Maximum penalty—$4000.(2)IftheRegulatorissatisfiedthepermithasbeendefaced,destroyed, lost or stolen, the Regulator
must give the person areplacement permit as soon as
practicable.(3)If the Regulator decides not to give a
replacement permit tothe person, the Regulator must give
the person an informationnotice for the decision.Page
294Current as at [Not applicable]
Subdivision 4Heavy Vehicle
National Law Act 2012ScheduleOffences
relating to operatingunder work and rest hoursexemption etc.Notauthorised—indicativeonly286Contravening condition of work and
rest hoursexemption(1)A
person must not contravene a condition of a work and resthours exemption.Maximum
penalty—$6000.(2)In this section—condition,ofaworkandresthoursexemption,doesnotinclude—(a)a
condition mentioned in section 287(1); or(b)anything stating the exemption hours for the
exemption.287Keeping relevant document while
operating under workand rest hours exemption (notice)(1)Thissectionappliesifaworkandresthoursexemption(notice)issubjecttotheconditionthatthedriverofafatigue-regulatedheavyvehiclewhoisoperatingundertheexemptionmustkeeparelevantdocumentinthedriver’spossession.(2)Adriverofthefatigue-regulatedheavyvehiclewhoisoperating under the work and rest
hours exemption (notice)must comply with the condition.Maximum penalty—$3000.(3)Each
relevant party for a driver mentioned in subsection (2)mustensurethedrivercomplieswithsubsection(2),unlessthe relevant
party has a reasonable excuse.Maximum
penalty—$3000.(7)In this section—relevantdocument,foraworkandresthoursexemption(notice), means
a copy of—Current as at [Not applicable]Page
295
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(a)the
Commonwealth Gazette notice for the exemption; or(b)an information sheet about the
exemption published bythe Regulator on the Regulator’s
website.relevantparty,forthedriverofafatigue-regulatedheavyvehicle, means—(a)an
employer of the driver if the driver is an employeddriver; or(b)aprimecontractorofthedriverifthedriverisaself-employed driver; or(c)anoperatorofthevehicleifthedriverismakingajourney for the operator.288Keeping copy of permit while driving
under work and resthours exemption (permit)(1)The
driver of a fatigue-regulated heavy vehicle who is drivingthe
vehicle under a work and rest hours exemption (permit)mustkeepacopyofthepermitfortheexemptioninthedriver’s possession.Maximum penalty—$3000.(2)If
the driver of a fatigue-regulated heavy vehicle is operatingunder a work and rest hours exemption
(permit) granted to arelevant party for the driver and the
relevant party has giventhe driver a copy of a permit for the
purpose of subsection (1),the driver must, as soon as reasonably
practicable, return thecopy to the relevant party if the
driver—(a)stops working for the relevant party;
or(b)stops operating under the relevant
party’s exemption; or(c)nolongermeetstherequirementsrelatingtodriversunder the
relevant party’s exemption.Maximum
penalty—$4000.(3)Each relevant party for a driver
mentioned in subsection (1)mustensurethedrivercomplieswithsubsection(1),unlessthe relevant
party has a reasonable excuse.Maximum
penalty—$3000.Page 296Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(7)In this section—relevantparty,forthedriverofafatigue-regulatedheavyvehicle, means—(a)an
employer of the driver if the driver is an employeddriver; or(b)aprimecontractorofthedriverifthedriverisaself-employed driver; or(c)anoperatorofthevehicleifthedriverismakingajourney for the operator.Part
6.4Requirements about recordkeepingDivision 1Preliminary289What
is100km workand100+km work(1)The
driver of a fatigue-regulated heavy vehicle is undertaking100km workif the driver is
driving in an area with a radius of100km or less
from the driver’s base.(2)The driver of a
fatigue-regulated heavy vehicle is undertaking100+km
workif the driver is driving in an area with a
radiusof more than 100km from the driver’s
base.(3)Toremoveanydoubt,itisdeclaredthatthedriverofafatigue-regulatedheavyvehicletowhomsubsection
(2)applies—(a)is
taken to be undertaking 100+km work even while thedriver is driving in an area within a radius
of 100km orless from the driver’s base; and(b)if the driver is required to record
information in a workdiaryunderthisPart,mustrecordparticularsofthejourney in the driver’s work diary
from the beginning ofthe journey.Current as at [Not
applicable]Page 297
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule290What
is a driver’srecord locationTherecord locationof the driver of
a fatigue-regulated heavyvehicle is—(a)if
the driver’s record keeper has advised the driver of theplacethatisthedriver’srecordlocation—theplaceadvised; or(b)otherwise—the driver’s base.Division 2Work diary
requirementsSubdivision 1Requirement to
carry work diary291Application of Sdiv 1This
Subdivision applies if the driver of a fatigue-regulatedheavy vehicle—(a)is
undertaking 100+km work under standard hours; or(b)was undertaking 100+km work under
standard hours inthe last 28 days; or(c)is
working under BFM hours, AFM hours or exemptionhours; or(d)wasworkingunderBFMhours,AFMhoursorexemption hours in the last 28 days.292Meaning ofwork
diaryfor Sdiv 1(1)In
this Subdivision, a reference to awork
diaryin relation tothe driver of a
fatigue-regulated heavy vehicle is a reference tothe
following—(a)ifthedriverhasusedonly1ormorewrittenworkdiaries in the last 28 days—(i)the written work diary the driver is
currently using;andPage 298Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(ii)any filled-up
written work diary the driver has usedduring the last
28 days;(b)ifthedriverhasusedonly1ormoreelectronicworkdiariesinthelast28days—informationineachelectronic work
diary relating to any period during thelast 28
days;(c)if the driver has used a combination
of 1 or more writtenwork diaries and 1 or more electronic
work diaries in thelast 28 days—(i)each
of the written work diaries the driver is usingor has used
during the last 28 days; and(ii)theinformationineachoftheelectronicworkdiaries the driver is using or has used
during thelast 28 days that relates to any period
during thelast 28 days.(2)If
the driver has made a supplementary record in the last 28days, for this Subdivision, the
supplementary record is takento be part of
the driver’s work diary.Note—Section
305(4)providesineffect thata driver
cannolongeruse asupplementary record if the driver is issued
with a new work diary, thedriver’s existing electronic work
diary is made capable of recordingnew information
or is brought back into working order, or 7 businessdays
have expired (whichever first happens).293Driver of fatigue-regulated heavy vehicle
must carry workdiary(1)The
driver of a fatigue-regulated heavy vehicle must—(a)keep a work diary; and(b)ensure—(i)thedriver’sworkdiaryrecordstheinformationrequiredtoberecordedunderSubdivision2foreach day in the previous 28 days;
and(ii)the driver’s
work diary is in the driver’s possessionwhile the driver
is driving the vehicle.Current as at [Not applicable]Page
299
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012ScheduleMaximum
penalty—$6000.Notes—1Fortherequirementtorecordparticularinformationinasupplementaryrecordiftheworkdiaryofthedriverofafatigue-regulated heavy vehicle is
filled up, destroyed, lost, stolenor, for an
electronic diary, is malfunctioning, see section 305.2Under section 568, an authorised
officer may require the driver of afatigue-regulatedheavyvehicletoproduceforinspectionthedriver’s work diary.(2)Subsection (1) applies irrespective of the
number of days inthe previous 28 days the driver spent
working in relation to afatigue-regulated heavy
vehicle.(3)In a proceeding for an offence against
subsection (1) relatingto the driver failing to keep a work
diary containing particularinformation, it
is a defence for the driver to prove that—(a)the
information was recorded in a work diary that, at thetime
of the offence, has been destroyed (other than bythe
driver) or lost or stolen; or(b)the
information was—(i)recorded in an electronic work diary;
and(ii)destroyed or
lost as a result of a malfunction of theelectronic work
diary before the information wasgiven to the
driver’s record keeper or recorded inany other
way.Subdivision 2Information
required to be includedin work diary294Purpose of and definition for Sdiv 2(1)This Subdivision provides for the
information the driver of afatigue-regulatedheavyvehiclemustrecordinthedriver’swork diary for
each day on which the driver—(a)undertakes 100+km work under standard hours;
or(b)worksunderBFMhours,AFMhoursorexemptionhours.Page
300Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(2)In this Subdivision—requiredinformationmeansinformationrequiredbythenational
regulations under section 295 to be recorded in thedriver’s work diary.295National regulations for information to be
included inwork diary(1)The
national regulations may provide for—(a)theinformationthatistoberecordedinthedriver’swork diary;
and(b)the manner in which information is to
be recorded in thedriver’s work diary; and(c)anyothermatterrelatingtoinformationthatistoberecorded in the driver’s work diary.(2)Without limiting subsection (1), the
national regulations mayprovide—(a)forinformationtoberecordedonadailybasis(including each period of work time and rest
time thedriver has on a day) or on some other stated
basis; and(b)forinformationtoberecordedimmediatelybeforeorafter a period of work time or rest
time; and(c)for information to be recorded when
finishing work for aday; and(d)for
information to be recorded when there is a change ofthe
driver’s base; and(e)for information to be recorded when
there is a change ofthe driver’s record location;
and(f)for information to be recorded
regarding the parties to atwo-up driving arrangement.(3)Withoutlimitingsubsections (1)and(2),thenationalregulations may
provide that, if the driver stops working on aday and starts a
major rest break that will continue until theend of the day,
the driver may stop recording information forCurrent as at [Not
applicable]Page 301
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedulethe day when the
driver stops working and starts the major restbreak.296Recording information under the
national regulations—general(1)The
driver must record the required information in the driver’swork
diary in the manner and at the time prescribed by thenational regulations.Maximum
penalty—$1500.(2)Subsection (1)doesnotapplytoinformationtowhichsection 297
applies.297Information required to be recorded
immediately afterstarting work(1)This
section applies to required information that the nationalregulations specify for the purposes of this
section as requiredto be recorded immediately after the driver
starts work on aday.(2)The
driver must record the required information to which thissection applies immediately after starting
work on a day.Maximum penalty—$6000.(3)Inaproceedingforanoffenceagainstsubsection (2)inrelationtothefailureofthedrivertorecordinformationimmediately
after starting to undertake 100+km work understandard hours
on a day, it is a defence for the driver to provethat
at the time of the offence—(a)thedriverwasunawarethatthedriverwouldbeundertaking 100+km work under standard
hours on theday; and(b)the
driver recorded the information in the driver’s workdiary as soon as practicable after becoming
aware thatthedriverwouldbeundertaking100+kmworkunderstandard hours on the day.Page
302Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule298Failing to record information about
odometer reading(1)The driver of a fatigue-regulated
heavy vehicle must recordthe odometer reading in the manner
prescribed by the nationalregulationsifandwhenrequiredtodosobythenationalregulations.Maximum
penalty—$1500.(2)In a proceeding for the offence
against subsection (1), it is adefence for the
driver to prove that—(a)atthetimeoftheoffence,theodometerwasmalfunctioning; and(b)the
driver has complied with section 397.299Two-up driver to provide detailsIf
the driver is a party to a two-up driving arrangement, thedriver must, at the request of the other
driver (theother driver)whoisapartytothearrangement,providetheotherdriverwith
the details relating to the arrangement that are prescribedby
the national regulations for the purposes of this section.Maximum penalty—$3000.Subdivision
3How information must be recordedin
work diary300Purpose of Sdiv 3This Subdivision
states how the driver of a fatigue-regulatedheavyvehiclewhoisrequiredtorecordinformationinthedriver’sworkdiaryunderSubdivision2mustrecordtheinformation.301Recording information in written work
diaryIf the driver’s work diary is a written work
diary, the drivermustrecordinformationintheworkdiaryinthefollowingway—Current as at [Not applicable]Page
303
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(a)theinformationforeachdaymustbewrittenonaseparate daily sheet in the work diary
that has not beencancelled by the Regulator;(b)if, on a day, the driver changes the
work and rest hoursoptionunderwhichthedriverisworking,theinformation for the part of the day after
the change mustbe written on a separate daily sheet in the
work diarythat has not been cancelled by the
Regulator;(c)information must be written on a daily
sheet in the waystated in the instructions in the work diary
for recordinginformation on daily sheets;(d)the daily sheets in the work diary
must be used in turnfrom the front of the work
diary;(e)each daily sheet must be—(i)signed and dated by the driver;
and(ii)ifthedriverisdrivingunderatwo-updrivingarrangement—signed by the other driver who
is aparty to the arrangement;(f)informationmustbewrittenonadailysheetwithenoughpressuretoensureareadablerecordoftheinformation
appears on the duplicate daily sheets;(g)information recorded other than on a daily
sheet must bewrittenintheworkdiaryinthewaystatedintheinstructions in the work diary for the
recording of theinformation.Maximum
penalty—$1500.302Recording information in electronic
work diaryIfthedriver’sworkdiaryisanelectronicworkdiary,thedrivermustrecordinformationintheworkdiaryinawaycomplying with—(a)iftheRegulatorhas,whenapprovingtheelectronicrecordingsystemconstitutingtheworkdiary,orofwhich the work
diary is a part, imposed any conditionsPage 304Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedulein
relation to the way information must be recorded inthe
work diary—those conditions; and(b)themanufacturer’sinstructions,ifany,forrecordinginformation in
the electronic work diary, to the extenttheinstructionsareconsistentwiththeconditionsmentioned in
paragraph (a).Maximum penalty—$1500.Note—TheRegulatormayimposeconditionsontheuseofanelectronicrecording system
under section 343.303Time zone of driver’s base must be
usedThedrivermustrecordtimeinthedriver’sworkdiaryaccording to the time zone in the place
where the driver’s baseis, rather than the time zone in the
place where the driver is.Maximum penalty—$1500.Note—See also section
248, which requires that time periods be counted byreference to the time zone of a driver’s
base when the driver’s journeyinvolves
travelling into a different time zone.Subdivision
4Requirements about work diariesthat
are filled up etc.304Application of Sdiv 4This
Subdivision applies to the driver of a fatigue-regulatedheavyvehiclewhoisrequiredtorecordinformationinthedriver’s work diary under Subdivision
2 if—(a)for a driver who uses a written work
diary—the driver’swork diary has been filled up, destroyed,
lost or stolen;or(b)foradriverwhousesanelectronicworkdiary—thedriver’s work
diary—(i)has been filled up, destroyed, lost or
stolen; orCurrent as at [Not applicable]Page
305
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(ii)is
not in working order because a part of the diaryhas
been destroyed, lost or stolen; or(iii)is
malfunctioning or has malfunctioned.305Driver must make supplementary records in
particularcircumstances(1)During any period in which the driver of a
fatigue-regulatedheavyvehicleisunabletousethedriver’sworkdiary(theexisting work
diary) because of circumstances mentioned
insection 304(a)or(b),thedrivermustrecordinasupplementaryrecordtheinformationthedriverisrequiredunderSubdivision2torecordfortheperiod(therequiredinformation).Maximum penalty—$6000.Note—Under Subdivision 1, the driver of a
fatigue-regulated heavy vehiclemust keep a
supplementary record for 28 days after it is made as part ofthe
driver’s work diary. See sections 292(2) and 293.Also,undersection 341,thedriver’srecordkeepermustkeepthesupplementary record for at least 3 years
after it is made (if the recordkeeper is the
driver) or received by the record keeper (if the recordkeeper is not the driver). However, the
period can be less than 3 years ifa condition of
an exemption states a record must be kept for a period ofless
than 3 years.(2)For a supplementary record that is not
in electronic form, therequiredinformationmustberecordedintherecordasfollows—(a)theinformationforeachdaymustbewrittenonaseparate page of the record;(b)if, on a day, the driver changes the
work and rest hoursoptionunderwhichthedriverisworking,theinformation for the part of the day after
the change mustbe written on a separate page of the
record;(c)each page of the record must
be—(i)signed and dated by the driver;
andPage 306Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(ii)ifthedriverisdrivingunderatwo-updrivingarrangement—signed by the other driver who
is aparty to the arrangement.Maximum penalty—$3000.(3)Thedrivermustrecordtimeinthesupplementaryrecordaccording to the time zone in the place
where the driver’s baseis, rather than the time zone in the
place where the driver is.Maximum penalty—$1500.(4)Subsections (1) to (3) cease to
apply—(a)if the existing work diary is a
written work diary, whenthe first of the following
happens—(i)thedriveris
issued anewwrittenworkdiary,orobtains an electronic work diary that is in
workingorder;(ii)theexpiryof7businessdaysafterthedayonwhich the driver
starts recording information underthis section;
or(b)if the existing work diary is an
electronic work diary,when the first of the following
happens—(i)the driver obtains a new electronic
work diary thatis in working order, or a written work
diary;(ii)the existing
work diary is—(A)ifthediaryisfilledup—madecapableofrecording new information; or(B)ifthediaryisnotinworkingorderasmentionedinsection 304(b)(ii)orismalfunctioning—broughtintoworkingorder;(iii)theexpiryof7businessdaysafterthedayonwhich the driver
starts recording information underthis
section.Note—If one of the
circumstances in subsection (4) applies, a driver may nolonger use a supplementary record to record
the information required tobe recorded
under Subdivision 2, and if the driver does not begin toCurrent as at [Not applicable]Page
307
Heavy
Vehicle National Law Act 2012Schedulekeepaworkdiaryinaccordancewithsection 293thenthedrivercommits an
offence against that section.(5)In
this section—supplementary recordmeans a record
that—(a)is not made in a written or electronic
work diary; but(b)is in a similar form to a written or
electronic work diary.Notauthorised—indicativeonly306Driver must notify Regulator if
written work diary filled upetc.Within 2 business days after the driver of a
fatigue-regulatedheavy vehicle becomes aware that the
driver’s written workdiary has been filled up, destroyed,
lost or stolen, the drivermustnotifytheRegulatorintheapprovedformofthathappening.Maximum
penalty—$3000.307Driver who is record keeper must
notify Regulator ifelectronic work diary filled up etc.(1)This section applies if the driver of
a fatigue-regulated heavyvehicle who is his or her own record
keeper—(a)becomesawarethatthedriver’selectronicworkdiaryhas been filled
up, destroyed, lost or stolen or is not inworking order as
mentioned in section 304(b)(ii); or(b)becomes aware or has reason to suspect that
the driver’selectronicworkdiaryismalfunctioningorhasmalfunctioned.(2)The
driver must notify the Regulator in the approved form ofthe
matter within 2 business days.Maximum
penalty—$3000.(3)WithinaperiodrequiredbytheRegulator,thedrivermustensure the electronic work diary is examined
and brought intoworking order.Maximum
penalty—$3000.Page 308Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule308What driver must do if lost or stolen
written work diaryfound or returned(1)If a
lost or stolen written work diary (theold work
diary) isfound by or
returned to the driver of a fatigue-regulated heavyvehicle after a replacement work diary has
been issued to thedriver, the driver must do the
following—(a)immediately cancel any unused daily
sheets in the oldwork diary;(b)if
the old work diary is found or returned within 28 daysafter it was lost or stolen—(i)immediately notify the Regulator in
the approvedform that it has been found or returned;
and(ii)give it to the
Regulator within 2 business days afterthe 28-day
period ends;(c)if the old work diary is found or
returned later than 28days after it was lost or stolen—give
it to the Regulatoras soon as practicable after it is found or
returned.Maximum penalty—$3000.(2)Ifadriverofafatigue-regulatedheavyvehiclegivesapreviously lost or stolen written work
diary to the Regulatorunder subsection (1), the Regulator
must—(a)ifthedriverhasnotcompliedwithsubsection (1)(a),cancel any
unused daily sheets in the work diary; and(b)return the work diary to the driver.309Driver must notify record keeper if
electronic work diaryfilled up etc.(1)This
section applies if—(a)the driver of a fatigue-regulated
heavy vehicle—(i)becomesawarethatthedriver’selectronicworkdiary has been filled up, destroyed, lost or
stolen orisnotinworkingorderasmentionedinsection 304(b)(ii); orCurrent as at [Not
applicable]Page 309
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(ii)becomesawareorhasreasontosuspectthatthedriver’s electronic work diary is
malfunctioning orhas malfunctioned; and(b)thedriver’srecordkeeperisapersonotherthanthedriver.(2)Thedrivermust,within2businessdaysafterthedriverbecomesawareofthematter,informthedriver’srecordkeeper of the matter.Maximum
penalty—$3000.310Intelligent access program reporting
entity must notifyrecord keeper if approved electronic
recording systemmalfunctioning(1)This
section applies if—(a)an approved electronic recording
system—(i)constitutes an electronic work diary
or has a partthat constitutes an electronic work diary;
and(ii)isorispartofanapprovedintelligenttransportsystem; and(b)anintelligentaccessprogramreportingentityfortheapproved intelligent transport system
becomes aware orhasreasontosuspectthattheapprovedelectronicrecordingsystemismalfunctioningorhasmalfunctioned.(2)The
intelligent access program reporting entity must informthedriver’srecordkeeperofthematterwithin2businessdays.Maximum penalty—$6000.311What
record keeper must do if electronic work diary filledup(1)This section
applies if—(a)therecordkeeperforthedriverofafatigue-regulatedheavy vehicle is
a person other than the driver; andPage 310Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)the driver uses an electronic work
diary supplied to thedriver by the record keeper;
and(c)therecordkeeperbecomesawareorhasreasontosuspect that the electronic work diary has
been filled up.(2)Therecordkeepermust,assoonasreasonablypracticableafterbecomingawareofthematterorhavingreasontosuspect the matter—(a)either—(i)maketheelectronicworkdiarycapableofrecording new information; or(ii)give the driver
a new electronic work diary that isin working
order; and(b)if the record keeper removes any
information relating toany period during the last 28 days
from the work diaryto make it capable of recording new
information—givethe driver the removed information in a way
that makesthe information readily available to the
driver; and(c)notifytheRegulatorintheapprovedformthattheelectronic work diary has been filled
up.Maximum penalty—$6000.(3)Iftherecordkeeperhasengagedanotherpersonunderacontractforservicestocomplywithsubsection (2)fortherecord keeper—(a)the
record keeper remains liable for an offence againstsubsection (2); and(b)theotherpersonisalsoliableforanoffenceagainstsubsection
(2)asiftheotherpersonweretherecordkeeper mentioned
in the subsection.312What record keeper must do if
electronic work diarydestroyed, lost or stolen(1)This section applies if—(a)therecordkeeperforthedriverofafatigue-regulatedheavy vehicle is
a person other than the driver; andCurrent as at [Not
applicable]Page 311
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)the
driver uses an electronic work diary supplied to thedriver by the record keeper; and(c)therecordkeeperbecomesawareorhasreasontosuspectthattheelectronicworkdiaryhasbeendestroyed, lost
or stolen.(2)Therecordkeepermust,assoonasreasonablypracticableafterbecomingawareofthematterorhavingreasontosuspect the matter—(a)inform the driver that the electronic
work diary has beendestroyed, lost or stolen unless the driver
informed therecord keeper about the fault under section
309; and(b)givethedriveranelectronicworkdiarythatisinworking order;
and(c)give the driver any information, in a
way that makes theinformation readily available to the driver,
that was inthe destroyed, lost or stolen electronic
work diary that—(i)is accessible to the record keeper;
and(ii)relates to any
period during the last 28 days; and(iii)is
not stored in the new electronic work diary.Maximum
penalty—$6000.(3)Therecordkeepermustwithin2businessdaysnotifytheRegulator in the approved form that the
electronic work diaryhasbeendestroyed,lostorstolen,unlesstherecordkeeperhas
a reasonable excuse.Maximum penalty—$6000.(4)Iftherecordkeeperhasengagedanotherpersonunderacontract for services to comply with
subsection (2) or (3) forthe record keeper—(a)the
record keeper remains liable for an offence againstsubsection (2) or (3); and(b)theotherpersonisalsoliableforanoffenceagainstsubsection
(2)or(3)asiftheotherpersonweretherecord keeper mentioned in the
subsection.Page 312Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly313What record keeper must do if
electronic work diary notin working order or
malfunctioning(1)This section applies if—(a)therecordkeeperforthedriverofafatigue-regulatedheavy vehicle is
a person other than the driver; and(b)the
driver uses an electronic work diary supplied to thedriver by the record keeper; and(c)therecordkeeperbecomesawareof,orhasreasontosuspect, either of the following
matters—(i)thattheelectronicworkdiaryisnotinworkingorder;(ii)that
the electronic work diary is malfunctioning orhas
malfunctioned.Note—The record
keeper may become aware as mentioned in paragraph(c)
whether or not the record keeper has been informed by thedriverundersection309oranintelligentaccessprogramreporting entity
under section 310.(2)Therecordkeepermustassoonasreasonablypracticableafterbecomingawareofthematterorhavingreasontosuspect the matter inform the driver
about the matter unlessthe driver informed the record keeper
about the matter undersection 309.Maximum
penalty—$6000.(3)The record keeper must, after becoming
aware of the matter orhaving reason to suspect the
matter—(a)as soon as reasonably practicable,
direct the driver in theapprovedformtouseasupplementaryrecordincompliance with section 305;
and(b)assoonasreasonablypracticable,givethedriverinformation that
was in the electronic work diary, in away that makes
the information readily available to thedriver,
that—(i)is accessible to the record keeper;
and(ii)relates to any
period during the last 28 days; andCurrent as at [Not
applicable]Page 313
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(iii)is
not stored in the electronic work diary becausethe electronic
work diary is not in working order oris
malfunctioning or has malfunctioned; and(c)within2businessdays,notifytheRegulatorintheapproved form that the electronic work
diary is not inworkingorderorismalfunctioningorhasmalfunctioned,unlesstherecordkeeperhasareasonable
excuse; and(d)withinaperiodrequiredbytheRegulator,ensuretheelectronicworkdiaryisexaminedandbroughtintoworking order and is not
malfunctioning.Maximum penalty—$6000.(4)Subsection(5)appliesifthedriverofthevehiclechangesduring any period that is relevant to the
duties imposed on therecord keeper by subsection (2) or
(3).(5)Eachreferencetothedriverinsubsection(2)or(3)isareference to the driver of the vehicle
when the record keeperacts under the subsection.(6)Iftherecordkeeperhasengagedanotherpersonunderacontract for services to comply with
subsection (2) or (3) forthe record keeper—(a)the
record keeper remains liable for an offence againstsubsection (2) or (3); and(b)theotherpersonisalsoliableforanoffenceagainstsubsection
(2)or(3)asiftheotherpersonweretherecord keeper mentioned in the
subsection.(7)Subsection (6) does not apply if the
other person is engagedunder a contract for services only to
repair or otherwise bringthe electronic work diary into working
order.Example for the purposes of subsection
(7)—A person in the business of repairing
electronic recording systems isengaged under a
contract for services to repair or otherwise bring theelectronic work diary into working order on
behalf of the record keeper.Page 314Current as at [Not applicable]
Subdivision 5Heavy Vehicle
National Law Act 2012ScheduleUse of
electronic work diariesNotauthorised—indicativeonly314How electronic work diary must be
used(1)This section applies if the driver of
a fatigue-regulated heavyvehicle who is required to record
information in the driver’swork diary under
Subdivision 2 uses an electronic work diary.(2)Thedrivermustusetheelectronicworkdiaryinawaycomplying
with—(a)anyconditionsapplyingunderthisLaworacorresponding fatigue law in relation to the
use of theapprovedelectronicrecordingsystemconstitutingthework
diary or of which the work diary is a part; and(b)themanufacturer’sspecificationsfortheelectronicrecording system
that is or includes the work diary, totheextentthespecificationsareconsistentwiththeconditions mentioned in paragraph
(a).Maximum penalty—$3000.Note—TheRegulatormayimposeconditionsontheuseofanelectronicrecording system
under section 343.(3)Therecordkeeperofadriverofafatigue-regulatedheavyvehiclewhousesanelectronicworkdiarymustensurethedriver complies with the requirements of
subsection (2).Maximum penalty—$6000.(4)Inaproceedingforanoffenceagainstsubsection (2)or(3)involvingapersonfailingtocomplywithaparticularspecificationofthemanufacturerofanelectronicrecordingsystem, it is a defence for the person to
prove that—(a)thespecificationwasnotintegraltotheeffectiveoperation of the
electronic recording system; or(b)whatwasdoneornotdoneinrelationtothespecification was in accordance with
industry practice inrelation to the handling or
maintenance of an electronicrecording system
of that type from that manufacturer.Current as at [Not
applicable]Page 315
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012ScheduleSubdivision
6Extended liability315Ensuring driver complies with Sdivs
1–4(1)Eachresponsiblepartyforthedriverofafatigue-regulatedheavy vehicle
must ensure, so far as is reasonably practicable,the
driver complies with each of Subdivisions 1, 2, 3 and 4 sofar
as they are applicable.Maximum penalty—$6000.(2)In this section—responsible
party, for the driver of a fatigue-regulated
heavyvehicle, means—(a)if
the driver is an employed driver—an employer of thedriver; or(b)ifthedriverisaself-employeddriver—aprimecontractor of
the driver; or(c)an operator of the vehicle; or(d)a scheduler for the vehicle.Division 3Records relating
to driversSubdivision 1Preliminary316Application of Div 3This
Division—(a)applies in relation to each record
keeper for the driver ofa fatigue-regulated heavy vehicle;
and(b)if there is more than 1 record keeper
for the driver of afatigue-regulatedheavyvehicle—appliesonlytotheextentthedriveriscarryingoutworkinrelationtowhich the record keeper is a record keeper
for the driver.Page 316Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012ScheduleExample for the purposes of paragraph
(b)—The driver of a fatigue-regulated heavy
vehicle is an employeddriver employed by employer A and
employer B, each of whomisarecordkeeperofthedriver.A’sobligationstorecordinformationunderthisDivisionapplyonlytotheextenttheinformation is about the work the
driver carries out for A.Forexample,undersection
319,Aneedonlyrecordtheregistration numbers of the
fatigue-regulated heavy vehicles thedriver drives
for carrying out work for A and the work times andrest
times of the driver while carrying out that work. A does notneed
to record the registration numbers for the fatigue-regulatedheavy vehicles the driver drives for
carrying out work for B orthe work times and rest times of the
driver while carrying outthat work.317Who
is a driver’srecord keeperThe following
person is therecord keeperfor the driver
of afatigue-regulated heavy vehicle—(a)if the driver is operating under a BFM
accreditation orAFMaccreditationofanoperatorofthevehicleoraworkandresthoursexemption(permit)grantedincombinationwithanoperator’sBFMaccreditationorAFM
accreditation—the operator;(b)otherwise—(i)foranemployeddriverofafatigue-regulatedheavy
vehicle—the driver’s employer; or(ii)foraself-employeddriverofafatigue-regulatedheavy
vehicle—the driver.Current as at [Not applicable]Page
317
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012ScheduleSubdivision
2Record keeping obligations relatingto
drivers undertaking 100km workunder standard
hours318Application of Sdiv 2ThisSubdivisionappliesinrelationtothedriverofafatigue-regulatedheavyvehiclewhoisundertakingonly100km work under standard hours.319Records record keeper must have(1)The driver’s record keeper must,
unless the record keeper hasa reasonable
excuse—(a)record the following information
within the prescribedperiod—(i)the
driver’s name and contact details;(ii)the
driver’s current driver licence number and thejurisdiction in
which the licence was issued;(iii)thedatesonwhichthedriverdrivesafatigue-regulated heavy vehicle on a
road;(iv)the registration
number for each fatigue-regulatedheavy vehicle
the driver drives, being—(A)inthecaseofavehiclethatisnotinacombination—that vehicle; or(B)inthecaseofavehiclethatisinacombination—thetowingvehicleinthecombination;(v)the
total of the driver’s work times and rest timesoneachdayonwhichthedriverdrivesafatigue-regulated heavy
vehicle;(vi)the total of the
driver’s work times and rest timesforeachweekduringwhichthedriverdrivesafatigue-regulated heavy
vehicle;Page 318Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(vii) thedriver’srostersandtripschedules,includingdetails of driver changeovers; and(viii) the location of the driver’s
base;(ix)ifthelocationofthedriver’sbasechanges—thedate on which
the location changes; and(b)keep a copy of
payment records relating to the driver,includingtimesheetrecordsifthedriverispaidaccording to
time at work.Maximum penalty—$6000.(2)Arequirementimposedonarecordkeeperbysubsection(1)(a)(ii) to
(vi) is taken to be satisfied if an electronic workdiaryusedbythedriver,theinformationinwhichismaintainedbytherecordkeeper,includestheinformationmentioned in the
provisions.(3)Iftherecordkeeperhasengagedanotherpersonunderacontractforservicestocomplywithsubsection (1)fortherecord keeper—(a)the
record keeper remains liable for an offence againstsubsection (1); and(b)theotherpersonisalsoliableforanoffenceagainstsubsection
(1)asiftheotherpersonweretherecordkeeper mentioned
in the subsection.(6)In this section—prescribedperiod,forrecordinginformationmentionedinsubsection (1)relatingtothedriverofafatigue-regulatedheavy vehicle,
means—(a)ifthedriver’srecordkeeperisthedriver—within24hours after the driver stops working on a
day for whichthe information is relevant; or(b)if the driver’s record keeper is a
person other than thedriver—as soon as possible after the
person receives theinformation.Current as at [Not
applicable]Page 319
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule319AGeneral requirements about driver recording
and givinginformation to record keeper(1)This section applies if the driver’s
record keeper on a relevantday is a person
other than the driver.(2)The driver must,
unless the driver has a reasonable excuse—(a)within24hoursafterthedriverstopsworkingontherelevantday,recordtheinformationmentionedinsection 319(1)(a)(iii) to (vi) for
that day; and(b)within21daysaftertherelevantday,givetheinformation mentioned in section 319(1) for
that day tothe driver’s record keeper.Maximum penalty—$3000.(3)The
requirement imposed on the driver by subsection (2)(a) istakentobesatisfiediftherecordkeeperrecordstheinformation within the period mentioned in
the provision.(4)The requirement imposed on the driver
by subsection (2)(b) istakentobesatisfiediftherecordkeeperobtainstheinformationwithintheperiodmentionedintheprovisioninany way,including,
forexample,becausetheinformation isrecorded—(a)inanelectronicworkdiaryusedbythedriver,theinformationinwhichismaintainedbytherecordkeeper;
or(b)by the record keeper.(5)The record keeper must, so far as is
reasonably practicable,ensure the driver complies with
subsection (2)(b).Maximum penalty—$3000.(6)Iftherecordkeeperhasengagedanotherpersonunderacontractforservicestocomplywithsubsection(5)fortherecord
keeper—(a)the record keeper remains liable for
an offence againstsubsection (5); andPage 320Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)theotherpersonisalsoliableforanoffenceagainstsubsection(5)asiftheotherpersonweretherecordkeeper mentioned
in the subsection.(7)In this section—relevantdaymeansadayonwhichthedriverdrivesafatigue-regulated heavy vehicle on a
road.Subdivision 3Record keeping
obligations relatingto drivers undertaking 100+km
workunder standard hours or operatingunder BFM hours, AFM hours orexemption hours320Application of Sdiv 3ThisSubdivisionappliesinrelationtothedriverofafatigue-regulated heavy vehicle who
is—(a)undertaking 100+km work under standard
hours; or(b)operating under BFM hours, AFM hours
or exemptionhours.321Records record keeper must have(1)The driver’s record keeper must,
unless the record keeper hasa reasonable
excuse—(a)record the following information
within the prescribedperiod—(i)the
driver’s name and contact details;(ii)the
driver’s current driver licence number and thejurisdiction in
which the licence was issued;(iii)thedriver’srostersandtripschedules,includingdetails of driver changeovers; andCurrent as at [Not applicable]Page
321
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)keepacopyofallduplicatepages,ifany,andothercopies of work
diary entries, including any entry madein a
supplementary record—(i)given to the
record keeper under section 322; or(ii)as
required to be made by the record keeper as aself-employed
driver under Division 2; and(c)keep
a copy of payment records relating to the driver,includingtimesheetrecordsifthedriverispaidaccording to
time at work.Maximum penalty—$6000.(2)The
requirement imposed on the record keeper by subsection(1)(a)(ii) is taken to be satisfied if an
electronic work diaryused by the driver, the information in
which is maintained bythe record keeper, includes the
information mentioned in theprovision.(3)If
the driver is operating under BFM hours or AFM hours, therecord keeper must, unless the record keeper
has a reasonableexcuse, also record the following
information—(a)the information required to be kept by
the record keeperasaconditionoftheBFMaccreditationorAFMaccreditation under which the driver
is operating;(b)the information required to be kept by
the record keeperundertheBFMstandardsandbusinessrulesorAFMstandards and
business rules.Maximum penalty—$6000.Note—See
also section 470 for other record-keeping requirements applying
toa record keeper who is an operator operating
under a BFM accreditationor AFM accreditation.(4)Iftherecordkeeperhasengagedanotherpersonunderacontract for services to comply with
subsection (1) or (3) forthe record keeper—(a)the
record keeper remains liable for an offence againstthe
subsection; andPage 322Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)the other person is also liable for an
offence against thesubsection as if the other person were the
record keepermentioned in the subsection.(7)This section does not apply to the
record keeper for the driverof a
fatigue-regulated heavy vehicle who—(a)isexemptfromtherequirementsofDivision2undersection 356;
or(b)is operating under a work diary
exemption (notice).Note—A record keeper
for the driver of a fatigue-regulated heavy vehicle whois
not exempt from the requirements of Division 2 under section
356and who is operating under a work diary
exemption (permit) is notexempt from this section and therefore
is subject to its requirements.(8)In
this section—AFM standards and business ruleshas
the meaning given bysection 457.BFM standards
and business ruleshas the meaning given bysection
457.prescribedperiod,forrecordinginformationmentionedinsubsection (1)relatingtothedriverofafatigue-regulatedheavy vehicle,
means—(a)ifthedriver’srecordkeeperisthedriver—within24hours after the driver stops working on a
day for whichthe information is relevant; or(b)if the driver’s record keeper is a
person other than thedriver—as soon as possible after the
person receives theinformation.322General requirements about driver giving
information torecord keeper(1)This
section applies if—(a)thedriverofafatigue-regulatedheavyvehicleisrequired to record information in the
driver’s work diaryunder Division 2; andCurrent as at [Not
applicable]Page 323
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)thedriver’srecordkeeperisapersonotherthanthedriver.(2)Thedrivermust,within21daysafterthedayonwhichthedriver drove the vehicle, give a copy of the
work diary entryrecordingtheinformation,includinganyentrymadeinasupplementary
record recording the information for that day,to each person
who was a record keeper for the driver on thatday, unless the
driver has a reasonable excuse.Maximum
penalty—$3000.(3)The requirement imposed on the driver
by subsection (2) istaken to be satisfied if an electronic
work diary used by thedriver, the information in which is
maintained by the recordkeeper, includes the information
mentioned in the provision.(4)Therecordkeepermustensure,sofarasisreasonablypracticable, the
driver complies with subsection (2).Maximum
penalty—$3000.(5)Iftherecordkeeperhasengagedanotherpersonunderacontractforservicestocomplywithsubsection (4)fortherecord keeper—(a)the
record keeper remains liable for an offence againstsubsection (4); and(b)theotherpersonisalsoliableforanoffenceagainstsubsection
(4)asiftheotherpersonweretherecordkeeper mentioned
in the subsection.323Requirements about driver giving
information to recordkeeper if driver changes record
keeper(1)This section applies if—(a)the driver of a fatigue-regulated
heavy vehicle is, or wasin the previous 28 days, required to
record informationin the driver’s work diary under Division 2;
and(b)the driver changes record keepers;
and(c)the new record keeper is a person
other than the driver.Page 324Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(2)Thedrivermust,beforedrivingafatigue-regulatedheavyvehicle for the driver’s new record keeper,
give the new recordkeeperacopyofinformationthedriverrecordedinaworkdiary in the 28 days before the change
happened that relatestothat28-dayperiod,unlessthedriverhasareasonableexcuse.Maximum penalty—$3000.(3)The
new record keeper must ensure, so far as is reasonablypracticable, the driver complies with
subsection (2).Maximum penalty—$3000.(4)The
requirement imposed on the driver or the record keeperby
subsection (2) or (3) is taken to be satisfied if an
electronicworkdiaryusedbythedriver,theinformationinwhichismaintainedbytherecordkeeper,includestheinformationmentioned in the
subsection.(5)If the new record keeper has engaged
another person under acontractforservicestocomplywithsubsection (3)forthenew record keeper—(a)thenewrecordkeeperremainsliableforanoffenceagainst
subsection (3); and(b)theotherpersonisalsoliableforanoffenceagainstsubsection (3)
as if the other person were the new recordkeeper mentioned
in the subsection.324Record keeper must give information
from electronicwork diary(1)This
section applies if—(a)thedriverofafatigue-regulatedheavyvehicleisrequired to record information in the
driver’s work diaryunder Division 2; and(b)thedriver’srecordkeeperisapersonotherthanthedriver; and(c)the
driver is using an electronic work diary supplied tothe
driver by the driver’s record keeper.Current as at [Not
applicable]Page 325
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(2)If
the driver stops using the electronic work diary, the
driver’srecord keeper must immediately give the
driver, in a way thatmakestheinformationreadilyavailabletothedriver,theinformation recorded in the work diary for
each day on whichthedriverwasusingtheelectronicworkdiary,unlesstherecord keeper has a reasonable
excuse.Maximum penalty—$3000.(3)Iftherecordkeeperhasengagedanotherpersonunderacontractforservicestocomplywithsubsection (2)fortherecord keeper—(a)the
record keeper remains liable for an offence againstsubsection (2); and(b)theotherpersonisalsoliableforanoffenceagainstsubsection
(2)asiftheotherpersonweretherecordkeeper mentioned
in the subsection.324ARecord keeper must give record to
driver if requested(1)This section applies if—(a)thedriverofafatigue-regulatedheavyvehicleisrequired to record information in the
driver’s work diaryunder Division 2; and(b)thedriver’srecordkeeperisapersonotherthanthedriver; and(c)the
driver requests a record held under this Division bythe
record keeper.(2)Thedriver’srecordkeepermust,assoonasreasonablypracticable—(a)give
the driver a copy of the record, or make the recordavailable to the driver; or(b)iftheinformationisrecordedinanelectronicworkdiary—givethedriver,inawaythatmakestheinformationreadilyavailabletothedriver,theinformation recorded in the work
diary.Maximum penalty—$1500.Page 326Current as at [Not applicable]
Division 4Heavy Vehicle
National Law Act 2012ScheduleProvisions about
falserepresentations relating to workrecordsNotauthorised—indicativeonly325False or misleading entries(1)A person must not record something in
a work record that thepersonknows,oroughtreasonablytoknow,isfalseormisleading.Maximum
penalty—$10000.Note—See section 632
for the matters a court may consider when decidingwhether a person ought reasonably to have
known something.(2)Inaproceedingforanoffenceagainstsubsection (1),itisenoughforachargetostatethattheentrywas‘falseormisleading’,withoutspecifyingwhetheritwasfalseorwhether it was misleading.326When possessing, or recording
information in, more than1 work diary relating to the same
period is prohibited(1)The driver of a
fatigue-regulated heavy vehicle must not havein the driver’s
possession more than 1 written work diary inwhich
information can be recorded on a daily sheet.Maximum
penalty—$10000.(2)Thedriverofafatigue-regulatedheavyvehiclemustnotrecord information for the same period
in—(a)a written work diary and an electronic
work diary; or(b)more than 1 electronic work
diary.Example—The driver of a
fatigue-regulated heavy vehicle works for A and B. Thedriver keeps a written work diary for work
done for A and an electronicwork diary for
work done for B. On a particular day, the driver worksfrom
1p.m. to 5p.m. for A and from 6p.m. to 11p.m. for B.The
driver must record the information about the period between
1p.m.and 5p.m. in the written work diary kept for
A, and the information forCurrent as at [Not applicable]Page
327
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedulethe period
between 6p.m. and 11p.m. in the electronic work diary keptfor
B.The driver must not record information about
the period between 1p.m.and 5p.m., or the period between 6p.m.
to 11p.m., in both the writtenwork diary and
electronic work diary.Maximum penalty—$10000.327Possession of purported work records
etc. prohibitedThe driver of a fatigue-regulated heavy
vehicle or the recordkeeper for a driver of a
fatigue-regulated heavy vehicle mustnot have in the
driver’s or record keeper’s possession a thingpurporting to be
a work record if the driver or record keeperknows,oroughtreasonablytoknow,thatitisnotaworkrecord.Maximum penalty—$10000.Note—See
section 632 for the matters a court may consider when
decidingwhether a person ought reasonably to have
known something.328False representation about work
records prohibitedA person must not falsely represent that a
work record wasmade by the person.Maximum
penalty—$10000.Division 5Interfering with
work recordsSubdivision 1Work records
generally329Defacing or changing work records etc.
prohibitedA person must not deface or change a work
record that theperson knows, or ought reasonably to know,
is correct.Maximum penalty—$10000.Page 328Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012ScheduleNote—1Giving a false or misleading document to an
official is prohibitedby section 702.2See
section 341 for the requirement that the record keeper for
thedriver of a fatigue-regulated heavy vehicle
keep particular recordsin a way that ensures they are
readable and reasonably capable ofbeing understood
and capable of being used as evidence.3Seesection 632forthemattersacourtmayconsiderwhendecidingwhetherapersonoughtreasonablytohaveknownsomething.330Making entries in someone else’s work
recordsprohibited(1)Apersonmustnotmakeanentryinsomeoneelse’sworkrecord.Maximum penalty—$10000.(2)Subsection (1) does not apply to—(a)a person who—(i)makesanentryinanotherperson’sworkdiaryunder a work diary exemption (permit)
applying tothe other person; and(ii)is
nominated by the other person to make the entry;or(b)an authorised
officer; or(c)a party to a two-up driving
arrangement—(i)signing the written work diary of the
other party tothe arrangement; or(ii)makinganentryintheotherparty’selectronicworkdiaryindicatingthe
party’sapprovaloftheinformation recorded in the work
diary.331Destruction of particular work records
prohibitedIf a work record is required under (or by a
condition under)thisParttobekeptforaparticularperiodbyaperson,theCurrent as at [Not applicable]Page
329
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Scheduleperson or
someone else must not destroy the record before theend
of the period.Maximum penalty—$10000.Note—See
section 341 for the period for which record keepers for drivers
offatigue-regulated heavy vehicles are
required to keep particular workrecords.332Offence to remove pages from written
work diaryA person must not remove a daily sheet, or
the duplicates of adaily sheet, from a written work diary
except as required orauthorised by this Law or a
corresponding fatigue law.Maximum penalty—$10000.Subdivision 2Approved
electronic recordingsystems333Application of Sdiv 2This Subdivision
applies to an approved electronic recordingsystem
constituting an electronic work diary or of which anelectronic work diary is a part.334Meaning oftamperTamperwithanapprovedelectronicrecordingsystemmeans—(a)engage in conduct that—(i)resultsinthesystem,orapartofthesystem,malfunctioning;
or(ii)could result in
the system, or a part of the system,malfunctioning;
or(iii)alters any of
the data recorded by the system or apart of the
system; orPage 330Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(iv)could alter any
of the data recorded by the systemor a part of the
system; or(v)results in inaccurate information
being recorded bythe system or a part of the system;
or(vi)couldresultininaccurateinformationbeingrecorded by the system or a part of the
system; or(b)engage in conduct that alters or
otherwise interferes withan electronic signal sent to or from
the system, or a partofthesystem,ifthealterationorinterferencehasorcould have an effect mentioned in
paragraph (a)(i), (iii)or (v).335Person must not tamper with approved
electronicrecording system(1)Apersonmustnottamperwithanapprovedelectronicrecording
system.Maximum penalty—$10000.(2)Subsection (1) does not apply to—(a)conductassociatedwithrepairinganapprovedelectronicrecordingsystem,orapartofanapprovedelectronicrecordingsystem,thatismalfunctioningorhas
malfunctioned; or(b)conductassociatedwithmaintaininganapprovedelectronic
recording system; or(c)anauthorisedofficerwhenexercisingfunctionsunderthis Law.(5)Inaproceedingforanoffenceagainstsubsection (1)involvingapersonengaginginconductthataltersorotherwise interferes with any electronic
signal sent to or fromanapprovedelectronicrecordingsystem,orapartofanapproved electronic recording system,
it is a defence for theperson to prove that the person was
not aware, and could notreasonably be expected to have been
aware, that the conductwould alter or otherwise interfere
with the electronic signal.Current as at [Not applicable]Page
331
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule336Person using approved electronic recording
system mustnot permit tampering with it(1)A person who uses an approved
electronic recording systemmust not permit
another person to tamper with the system.Maximum
penalty—$10000.Examples of a person who uses an approved
electronic recording system—•a
driver of a heavy vehicle•a driver’s
record keeper336AReporting tampering or suspected
tampering withelectronic work diary(1)If
the record keeper for the driver of a fatigue-regulated
heavyvehicleknows,orhasreasonablegroundstosuspect,anelectronicworkdiaryhasbeentamperedwith,therecordkeeper must
report the matter to the Regulator—(a)within 2 business days; and(b)in the approved form.Maximum penalty—$6000.(2)Iftherecordkeeperhasengagedanotherpersonunderacontractforservicestocomplywithsubsection(1)fortherecord
keeper—(a)the record keeper remains liable for
an offence againstsubsection (1); and(b)theotherpersonisalsoliableforanoffenceagainstsubsection(1)asiftheotherpersonweretherecordkeeper mentioned
in the subsection.337Intelligent access program reporting
entity must notpermit tampering with approved electronic
recordingsystem(1)Thissectionappliesifanapprovedelectronicrecordingsystemisorispartofanapprovedintelligenttransportsystem.Page 332Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012Schedule(2)Anintelligentaccessprogramreportingentityfortheapproved intelligent transport system
must not permit anotherpersontotamperwiththeapprovedelectronicrecordingsystem.Maximum
penalty—$10000.Notauthorised—indicativeonlyDivision 6Obtaining
written work diary338Form of written work diary(1)This section states the requirements
for written work diariesissued by the Regulator under this
Division.(2)A written work diary must
contain—(a)a unique identifying number for the
work diary; and(b)sheets (daily
sheets) that—(i)provide for recording information daily;
and(ii)are sequentially
numbered; and(c)2 duplicates of each daily sheet;
and(d)aduplicateofanyapplicationformcontainedinthework diary under subsection (3);
and(e)instructions for use of the work
diary.(3)Awrittenworkdiarymaycontainanapplicationintheapproved form for the issue of another
work diary.(4)Each daily sheet of a written work
diary must be in a form thatensures that, if
information is written on the daily sheet in theway
stated in the instructions in the work diary or this Law,theinformationshouldbeautomaticallycopiedontotheduplicates for the sheet.339Application for written work
diary(1)The driver of a fatigue-regulated
heavy vehicle may apply tothe Regulator for a written work
diary.(2)The application must be—Current as at [Not applicable]Page
333
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(a)in
the approved form; and(b)accompanied by
the prescribed fee for the application.(3)Iftheapplicationisforawrittenworkdiarytoreplaceawritten work diary previously issued to the
driver (theexistingwritten work
diary), the driver must give the existing
writtenwork diary to the Regulator with the
application, unless theexisting written work diary has been
destroyed, lost or stolen.(4)IfthedrivergivestheexistingwrittenworkdiarytotheRegulator, the
Regulator must—(a)cancel any unused daily sheets in the
written work diary;and(b)returnthewrittenworkdiarytothedriverwhentheRegulator issues the replacement
written work diary tothe driver.(5)Iftheapplicationisforawrittenworkdiarytoreplaceawritten work diary that has been destroyed,
lost or stolen, theapplication must—(a)state the previous work diary’s number and
that it hasbeen destroyed, lost or stolen; and(b)briefly outline the circumstances of
the destruction, lossor theft.340Issue
of written work diary(1)The Regulator
must issue a written work diary to the driver ofa
fatigue-regulated heavy vehicle if the driver—(a)applies for the work diary under section
339; and(b)identifieshimselforherselfbyshowinghisorhercurrent driver
licence to the Regulator; and(c)pays
the prescribed fee for the issue of the work diary.(2)If the Regulator issues a written work
diary to the driver of afatigue-regulated heavy vehicle, the
Regulator must note thedate, time and place of issue on the
written work diary.Page 334Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012Schedule(3)TheRegulatormaymakeothernotesonthewrittenworkdiary the Regulator considers
appropriate.Notauthorised—indicativeonlyDivision 6ARequirements
about records recordkeeper must make or keep341Period for which, and way in which,
records must be kept(1)The record
keeper of the driver of a fatigue-regulated heavyvehiclemust,unlesstherecordkeeperhasareasonableexcuse,keeparecordrequiredtobemadeorkeptunderDivision 3, or a copy of the record, for 3
years after—(a)forarecordmadebytherecordkeeper—thedaytherecord keeper makes the record;
or(b)for another record—the day the record
keeper receivesthe record.Maximum
penalty—$6000.(2)The record keeper of the driver of a
fatigue-regulated heavyvehiclemust,unlesstherecordkeeperhasareasonableexcuse, keep a
record required to be made or kept under (or bya condition
under) Division 8 or 8A, or a copy of the record,foraperiodof3years,or,ifaconditionofanexemptionstates a record
must be kept for a period of less than 3 years,the period
stated in the condition, after—(a)forarecordmadebytherecordkeeper—thedaytherecord keeper makes the record;
or(b)for another record—the day the record
keeper receivesthe record.Maximum
penalty—$6000.(3)Except where the driver is his or her
own record keeper, therecord keeper must, unless the record
keeper has a reasonableexcuse, keep the record or copy at the
driver’s record locationin a way that ensures it is readily
available to an authorisedofficer at the record location.Maximum penalty—$3000.Current as at [Not
applicable]Page 335
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(4)Ifthedriverishisorherownrecordkeeper,thedriverasrecord keeper must, unless the driver as
record keeper has areasonable excuse, ensure the record or copy
of the record iskept at the driver’s record location in a
way that ensures it isreadilyavailabletoanauthorisedofficerattherecordlocationbytheendofthe21-dayperiodafterthedaytherecord is
made.Maximum penalty—$3000.(5)Therecordkeepermust,unlesstherecordkeeperhasareasonableexcuse,keeptherecordorcopyinawaythatensures it is—(a)readableandreasonablycapableofbeingunderstood;and(b)capable of being used as
evidence.Example—Toensurearecordkeptinastoragefacilitydoesnotbecomeunreadable, for
example, by degrading, the record keeper could scan thehard
copy of the record and keep it in an electronic format that
isreadable.Maximum
penalty—$6000.(6)Areferenceinsubsection(1)tokeepingarecordofinformationrequiredtobemadeorkeptunderDivision3includesareferencetomaintainingarecordoftheinformation that is in an electronic
work diary, if that record istaken to have
satisfied the requirement under Division 3.(7)Ifthedriver’sworkdiaryisanelectronicworkdiary,thedriver’s record keeper must, unless the
record keeper has areasonable excuse, maintain a record of the
information thatis recorded in the work diary in a way
complying with—(a)iftheRegulatorhas,whenapprovingtheelectronicrecordingsystemconstitutingtheworkdiary,orofwhich the work
diary is a part, imposed any conditionsin relation to
the way information must be recorded inthe work
diary—those conditions; and(b)themanufacturer’sinstructions,ifany,forrecordinginformation in
the electronic work diary, to the extentPage 336Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Scheduletheinstructionsareconsistentwiththeconditionsmentioned in
paragraph (a).Maximum penalty—$1500.Note—TheRegulatormayimposeconditionsontheuseofanelectronicrecording system
under section 343.(8)Iftherecordkeeperhasengagedanotherpersonunderacontract for services to comply with
subsection (1), (2), (3),(5) or (7) for the record
keeper—(a)the record keeper remains liable for
an offence againstthe subsection; and(b)the
other person is also liable for an offence against thesubsection as if the other person were the
record keepermentioned in the subsection.Division 7Approval of
electronic recordingsystemsSubdivision
1Approval of electronic recordingsystems342Application for approval of electronic
recording system(1)A person may apply to the Regulator
for the approval of anelectronic recording system.Examples of persons who may apply for an
approval under this section—•manufacturers of electronic recording
systems•operators of fatigue-regulated heavy
vehicles•drivers of fatigue-regulated heavy
vehicles(2)The application must be—(a)in the approved form; and(b)accompanied by the prescribed fee for
the application.Current as at [Not applicable]Page
337
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule343Deciding application for approval(1)The Regulator must, as soon as
practicable after receiving anapplication for
an electronic recording system approval—(a)grant the approval, with or without
conditions about theuse or maintenance of the electronic
recording system towhich the approval relates; or(b)refuse the application.(2)TheRegulatormayapproveanelectronicrecordingsystemonly if the
Regulator is satisfied the system—(a)is
suitable or has a part that is suitable for fitting to, orfor
use in, a fatigue-regulated heavy vehicle; and(b)has
a mechanism that readily indicates to the driver ofthe
fatigue-regulated heavy vehicle to which it or a partof
it is fitted, or in which it or a part of it is used, that
thesystem is or is not properly functioning;
and(c)is capable of—(i)accuratelymonitoringandrecordingtheworktimesandresttimesofthedriverofthefatigue-regulatedheavyvehicletowhichitorapart of it is
fitted, or in which it or a part of it isused; and(ii)accuratelyrecordinganyotherinformationthedriver is required by this Law to record in
a workdiary; and(d)ifthesystemorapartofitistobefittedtoafatigue-regulatedheavyvehicleandistobeusedbymore
than 1 driver of the vehicle, is capable of ensuringthe
following—(i)all of the information mentioned in
paragraph (c)can be accurately monitored or recorded for
eachof the drivers;(ii)the
details recorded by, or in relation to, 1 of thedrivers are readily distinguishable from the
detailsrecorded by, or in relation to, the other
drivers;Page 338Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(iii)the name of the
driver in relation to whom detailsarerecordedisshownwheneverthedetailsareaccessed;(iv)1ofthedriverscannotrecordanyinformation,that the driver
is required by this Law to record in aworkdiary,inthesystemforanyoftheotherdrivers;
and(e)hasamechanismtoensurethedriverofthefatigue-regulated heavy vehicle to
which it or a part of itis fitted, or in which it or a part of
it is used, can not alteranyinformationthedriverrecordsinthesystemoncethedriverhashadanopportunitytoconfirmtheaccuracy of the information; and(f)is capable of enabling the driver of
the fatigue-regulatedheavy vehicle to which it or a part of
it is fitted, or inwhich it or a part of it is used, to send
information to thedriver’s record keeper; and(g)hasamechanismthat,atleastonceeachday,readilyindicatestothedriverwhetherinformationhasorhasnot been sent to
the record keeper; and(h)is capable of
readily reproducing, on being accessed bythe record
keeper for the driver of the fatigue-regulatedheavy vehicle to
which it or a part of it is fitted, or inwhich it or a
part of it is used, the information that thesystem contains;
and(i)is capable of readily reproducing, on
being accessed byan authorised officer while the vehicle to
which it or apart of it is fitted, or in which it or a
part of it is used, ison a road, the information the system
contains in a formthat—(i)is
readily accessible by the officer; and(ii)is
reasonably capable of being understood by theofficer;
and(iii)can be used as
evidence.Current as at [Not applicable]Page
339
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(3)In
deciding whether or not to grant the approval, the Regulatormusthaveregardtotheapprovedguidelinesforgrantingelectronic
recording system approvals.(4)An
approved electronic recording system may be, or be a partof,
an approved intelligent transport system.344Steps
after decision to grant approval(1)IftheRegulatorgrantsanapprovalundersection343,theRegulator must give the applicant a
numbered certificate ofapproval.(2)IftheRegulatorimposesconditionsontheapproval,thecertificateofapprovalgiventotheapplicantmuststatetheconditions.(3)IftheRegulatorimposesconditionsontheapprovalnotsought by the applicant, the Regulator must
give the applicantaninformationnoticeforthedecisiontoimposetheconditions.345Steps
after decision to refuse applicationIftheRegulatordecidesnottograntanapplicationforanelectronic recording system approval,
the Regulator must givethe applicant an information notice
for the decision.346Effect of approval(1)AnelectronicrecordingsystemapprovalgrantedunderthisSubdivisionappliestoanysystemidenticaltothesystemgiven to the
Regulator for approval.(2)The conditions
imposed on the approval under section 343, orSubdivision3,applytoeachidenticalsystemtowhichtheapproval applies.Page 340Current as at [Not applicable]
Notauthorised—indicativeonlySubdivision 2Heavy Vehicle
National Law Act 2012ScheduleUsing unapproved
electronicrecording system347Prohibition on using electronic work diary
if it is not, andis not a part of, an approved electronic
recording systemApersonmustnotuseasanelectronicworkdiaryforthepurposesofthisLawanelectronicrecordingsystemconstitutinganelectronicworkdiary,orofwhichanelectronic work diary is a part, if the
person knows, or oughtreasonably to know, the electronic
recording system is not anapproved electronic recording
system.Maximum penalty—$10000.Note—See
section 632 for the matters a court may consider when
decidingwhether a person ought reasonably to have
known something.Subdivision 3Amendment or
cancellation ofapproval351Amendment or cancellation of approval on
application(1)Theholderofanelectronicrecordingsystemapprovalmayapply to the Regulator for an
amendment or cancellation ofthe
approval.(2)The application must—(a)be in writing; and(b)beaccompaniedbytheprescribedfeefortheapplication;
and(c)if the application is for an amendment
of the approval,stateclearlytheamendmentsoughtandoutlinethereasons for the application; and(d)beaccompaniedbythecertificateofapprovalfortheapproval.Current as at [Not
applicable]Page 341
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(3)The
Regulator may, by notice given to the applicant, requirethe
applicant to give the Regulator any additional informationthe
Regulator reasonably requires to decide the application.(4)TheRegulatormustdecidetheapplicationassoonaspracticable after receiving it.(5)If the Regulator decides to grant the
application—(a)theRegulatormustgivetheapplicantnoticeofthedecision;
and(b)the amendment or cancellation takes
effect—(i)whennoticeofthedecisionisgiventotheapplicant; or(ii)ifalatertimeisstatedinthenotice,atthelatertime; and(c)iftheRegulatoramendedtheapproval,theRegulatormustgivetheapplicantareplacementcertificateofapproval for the approval as amended.(6)If the Regulator decides not to amend
or cancel the approvalas sought by the applicant, the
Regulator must—(a)give the applicant an information
notice for the decision;and(b)return the certificate of approval for the
approval to theapplicant.(7)In
this section—certificateofapproval,foranelectronicrecordingsystemapproval,meansthecertificateofapprovalissuedbytheRegulator under
section 344 for the approval.352Amendment or cancellation of approval on
Regulator’sinitiative(1)Each
of the following is a ground for amending or cancellingan
electronic recording system approval—(a)theapprovalwasgrantedbecauseofadocumentorrepresentation that was—Page
342Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(i)false or misleading; or(ii)obtained or made
in an improper way;(b)since the approval was granted, there
has been a changeinthecircumstancesthatwererelevanttotheRegulator’s
decision to grant the approval and, had thechanged
circumstances existed when the approval wasgranted,theRegulatorwouldnothavegrantedtheapproval, or would have granted the
approval subject toconditions or different conditions.(2)If the Regulator considers a ground
exists to amend or cancelanelectronicrecordingsystemapproval(theproposedaction), the Regulator
must give the holder of the approval anotice—(a)stating the proposed action;
and(b)stating the ground for the proposed
action; and(c)outlining the facts and circumstances
forming the basisfor the ground; and(d)iftheproposedactionistoamendtheapproval(includingaconditionoftheapproval)—statingtheproposed amendment; and(e)inviting the holder to make, within a stated
time of atleast14daysafterthenoticeisgiventotheholder,writtenrepresentationsabout whytheproposedactionshould not be taken.(3)If,afterconsideringallwrittenrepresentationsmadeundersubsection
(2)(e), the Regulator still considers a ground existsto
take the proposed action, the Regulator may—(a)iftheproposedactionwastoamendtheapproval—amendtheapproval,including,forexample,byimposing additional conditions on the
approval, in a waythatisnotsubstantiallydifferentfromtheproposedaction;
or(b)if the proposed action was to cancel
the approval—(i)amendtheapproval,including,forexample,byimposing additional conditions on the
approval; orCurrent as at [Not applicable]Page
343
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(ii)cancel the approval.(4)The
Regulator must give the holder an information notice forthe
decision.(5)The amendment or cancellation takes
effect—(a)when the information notice is given
to the holder; or(b)if a later time is stated in the
information notice, at thelater time.353Minor
amendment of approvalTheRegulatormay,bynoticegiventotheholderofanelectronic
recording system approval, amend the approval in aminor respect—(a)for
a formal or clerical reason; or(b)inanotherwaythatdoesnotadverselyaffecttheholder’s interests.354Requirements if approval
amended(1)This section applies if, under this
Subdivision—(a)theRegulatoramendsanelectronicrecordingsystemapprovaltochangetheconditionsabouttheuseormaintenanceoftheelectronicrecordingsystemthesubject of the approval; and(b)intheRegulator’sopinion,theamendmentwill,orislikelyto,significantlyaffectthewaytheelectronicrecordingsystemthesubjectoftheapprovalistobeused.(2)TheRegulatormay,bynotice,directtheholderoftheapproval to give each person to whom
the holder has suppliedan electronic recording system the
subject of the approval, oradeviceformingpartofthesystem,anoticestatingtheamended conditions of the
approval.(3)If the Regulator gives the holder of
the approval a directionundersubsection
(2),theholdermustcomplywiththedirection.Page 344Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyMaximum penalty—$6000.(4)With
the Regulator’s written consent, a person may complywithsubsection
(3)bypublishingtheamendedconditions,and any further
details stated by the Regulator, using at least 2of
the following methods—(a)bynoticepublishedinanewspaperstatedbytheRegulator;(b)by
notice published in a journal or newsletter stated bythe
Regulator;(c)on a website stated by the
Regulator.(5)If,undersubsection (3),theholderoftheapprovalgivesapersonanoticestatingtheamendedconditionsoftheapproval, the person must give a copy
of the notice to eachother person to whom the person has
supplied an electronicrecordingsystemthesubjectoftheapproval,oradeviceforming part of
the system.Example for the purposes of subsection
(5)—The holder of an approval is a manufacturer
and the manufacturer hassupplied an electronic recording
system the subject of the approval toan operator of a
fatigue-regulated heavy vehicle who has supplied thesystem to the vehicle’s driver. If, under
subsection (3), the manufacturergivestheoperatoranoticestatingtheamendedconditionsoftheapproval, the operator must, under
subsection (5), give the driver a copyof the
notice.Maximum penalty—$6000.(6)Nothing in this section prevents the
Regulator from publishingdetails of the amendment by whatever
means the Regulatorthinks appropriate.Example—TheRegulatormaypublishtheamendedconditionsintheCommonwealth Gazette or on a
website.(7)In this section—amendedconditions,ofanelectronicrecordingsystemapproval that
has been amended under this Division, meanstheconditionsoftheapprovalastheyapplyaftertheamendment.Current as at [Not
applicable]Page 345
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly355Requirements if
approval cancelled(1)This section applies if, under this
Subdivision, the Regulatornotifies the holder of an electronic
recording system approvalthat the approval has been
cancelled.(2)Iftheelectronicrecordingsystemconstitutesanelectronicwork diary, or
if part of the electronic recording system is anelectronic work diary, the holder of the
approval must, withinthe period stated by the Regulator in
the notification, removeany electronic message on the system’s
visual display statingthe system is or includes an
electronic work diary.Maximum penalty—$6000.(3)TheRegulatormay,bynotice,directtheholderoftheapproval to give each person to whom
the holder has suppliedan electronic recording system the
subject of the approval thatconstitutes an
electronic work diary, or of which an electronicwork
diary is a part, a notice stating that the approval has beencancelled.(4)If
the Regulator gives the holder of the approval a directionundersubsection
(3),theholdermustcomplywiththedirection.Maximum
penalty—$6000.(5)With the Regulator’s written consent,
a person may complywith subsection (4) by publishing details of
the cancellation,and any further details stated by the
Regulator, using at least 2of the following
methods—(a)bynoticepublishedinanewspaperstatedbytheRegulator;(b)by
notice published in a journal or newsletter stated bythe
Regulator;(c)on a website stated by the
Regulator.(6)If,undersubsection(4),theholderoftheapprovalgivesapersonanoticethattheapprovalhasbeencancelled,theperson must give a notice to each other
person to whom theperson has supplied an electronic recording
system the subjectof the approval that constitutes an
electronic work diary, or ofPage 346Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedulewhichanelectronicworkdiaryisapart,statingthattheapproval has been cancelled.Example for the purposes of subsection
(6)—The holder of an approval is a service
provider who has supplied to theoperator of a
fatigue-regulated heavy vehicle an approved electronicrecording system constituting an electronic
work diary or of which anelectronic work diary is a part. If,
under subsection (4), the serviceprovidergivestheoperatoranoticestatingtheapprovalhasbeencancelled, the
operator must give the driver of the vehicle a noticestating the approval has been
cancelled.Maximum penalty—$6000.(7)Nothing in this section prevents the
Regulator from publishingdetails of the cancellation by
whatever means the Regulatorthinks
appropriate.Example—TheRegulatormaypublishthecancellationintheCommonwealthGazette or on a
website.(8)In this section—holder,ofanelectronicrecordingsystemapprovalthathasbeencancelled,meansthepersonwho,immediatelybeforethe
cancellation took effect, held the approval.Division 8Exemptions from work diaryrequirements of Division 2Subdivision 1Exemption for
emergency services356Emergency services exemption(1)A person who is acting for an
emergency service and who hastime-critical
duties on the way to, or during, an emergency isexemptedinthecourseofcarryingoutthedutiesfromcompliance with Division 2.(2)A person who is acting for an
emergency service and who isreturningfromattendinganemergencyisexemptedfromcompliance with Division 2 if the person
reasonably believesCurrent as at [Not applicable]Page
347
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedulethe
noncompliance does not present an unreasonable dangerto
other road users.(3)A person who is acting for an
emergency service is exemptedfrom compliance
with Division 2 under subsection (1) or (2)onlyif,attherelevanttime,thepersoncomplieswithanyguidelines regarding the management of
fatigue issued by oron behalf of the emergency service or
an authority responsiblefor oversight of the emergency
service.(4)In this section—emergencymeans an event, or an anticipated event,
that—(a)endangers,ormayendanger,life,propertyortheenvironment; or(b)has
disrupted, or may disrupt, communications, energysupply, water supply or sewerage services;
or(c)is declared to be an emergency or
disaster by—(i)the Commonwealth or a State or
Territory; or(ii)aCommonwealthorStateorTerritoryauthorityresponsibleformanagingresponsestoemergencies or disasters.Examples of an emergency—fire, explosion or natural disasteremergencyservicemeansanentitythathasastatutoryresponsibilitytorespondtoanemergencyandincludesthefollowing—(a)an
ambulance service;(b)a fire brigade, including a volunteer
fire brigade;(c)a police force or police
service;(d)adisasteroremergencyorganisationoftheCommonwealth or a State or
Territory.Page 348Current as at
[Not applicable]
Subdivision 2Heavy Vehicle
National Law Act 2012ScheduleExemptions by
CommonwealthGazette noticeNotauthorised—indicativeonly357Regulator’s power to exempt particular
drivers from workdiary requirements(1)TheRegulatormay,byCommonwealthGazettenoticecomplying with
section 361, exempt, for a period of not morethan3years,driversoffatigue-regulatedheavyvehiclescarrying out a
class of work from the requirement to complywith
Subdivisions 1 to 5 of Division 2 for the work.(2)An
exemption under subsection (1) is awork diary
exemption(notice).358Restriction on grant of work diary
exemption (notice)(1)TheRegulatormaygrantaworkdiaryexemption(notice)only
if the Regulator is satisfied—(a)requiring the drivers to whom the exemption
is to applyto comply with Subdivisions 1 to 5 of
Division 2 wouldbe an unreasonable restriction on operations
conductedby the drivers; and(b)the
class of work to which the exemption is to apply willnot
pose—(i)a significant risk to public safety;
or(ii)asignificantriskofthedriverstowhomtheexemptionistoapplydrivingonaroadwhileimpaired by
fatigue.(2)In deciding whether or not to grant a
work diary exemption(notice),theRegulatormusthaveregardtotheapprovedguidelines for granting work diary
exemptions.359Conditions of work diary exemption
(notice)Aworkdiaryexemption(notice)maybesubjecttoanyconditions the
Regulator considers appropriate, including, forexample—Current as at [Not applicable]Page
349
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(a)conditions about recording information about
the workto which the exemption applies; and(b)a condition that the driver of a
fatigue-regulated heavyvehicle who is operating under the
exemption must keepin the driver’s possession a copy of—(i)theCommonwealthGazettenoticefortheexemption; or(ii)aninformationsheetabouttheexemptionpublishedbytheRegulatorontheRegulator’swebsite.360Period for which work diary exemption
(notice) appliesA work diary exemption (notice)—(a)takes effect—(i)whentheCommonwealthGazettenoticefortheexemption is published; or(ii)ifalatertimeisstatedintheCommonwealthGazette notice,
at the later time; and(b)appliesfortheperiodstatedintheCommonwealthGazette
notice.361Requirements about Commonwealth
Gazette notice(1)A Commonwealth Gazette notice for a
work diary exemption(notice) must state the
following—(a)the class of work to which the
exemption applies;(b)thatdriversoffatigue-regulatedheavyvehicleswhocarryouttheclassofworkareexemptfromtherequirementtocomplywithSubdivisions1to5ofDivision 2 for the work;(c)the
conditions of the exemption;(d)the
period for which the exemption applies.(2)TheRegulatormustpublishacopyoftheCommonwealthGazette notice
on the Regulator’s website.Page 350Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule362Amendment or cancellation of work
diary exemption(notice)(1)Itisagroundforamendingorcancellingaworkdiaryexemption (notice) if, since the exemption
was granted, therehas been a change in the circumstances that
were relevant tothe Regulator’s decision to grant the
exemption and, had thechangedcircumstancesexistedwhentheexemptionwasgranted, the Regulator would not have
granted the exemption,or would have granted the exemption
subject to conditions ordifferent conditions.(2)If the Regulator considers a ground
exists to amend or cancelthe work diary exemption (notice), the
Regulator may amendor cancel the exemption by complying with
subsections (3) to(5).(3)The
Regulator must publish a public notice—(a)statingthattheRegulatorbelievesagroundexiststoamend or cancel the exemption;
and(b)outlining the facts and circumstances
forming the basisfor the belief; and(c)statingtheactiontheRegulatorisproposingtotakeunder this
section (theproposed action); and(d)inviting persons who will be affected
by the proposedaction to make, within a stated time of at
least 14 daysaftertheCommonwealthGazettenoticeispublished,writtenrepresentationsabout whytheproposedactionshould not be taken.(4)If,afterconsideringallwrittenrepresentationsmadeundersubsection
(3)(d),theRegulatorstillconsidersthecircumstancesinwhichtheRegulatormaygranttheworkdiary exemption
(notice) are no longer satisfied, the Regulatormay—(a)iftheproposedactionwastoamendtheexemption—amend the
exemption in a way that is not substantiallydifferentfromtheproposedaction,including,forexample, by—Current as at [Not
applicable]Page 351
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(i)amendingtheclassofworktowhichtheexemption applies; or(ii)amending the conditions of the exemption;
or(b)if the proposed action was to cancel
the exemption—(i)amend the exemption, including, for
example, byamendingtheexemptioninawaymentionedinparagraph (a)(i) or (ii); or(ii)cancel the
exemption.(5)The Regulator must publish a public
notice of the amendmentor cancellation.(6)The
amendment or cancellation takes effect—(a)28daysaftertheCommonwealthGazettenoticeispublished under subsection (5); or(b)if a later time is stated in the
Commonwealth Gazettenotice, at the later time.Subdivision 3Exemptions by
permit363Regulator’s power to exempt driver of
fatigue-regulatedheavy vehicle from work diary
requirement(1)The Regulator may, by giving a person
a permit as mentionedin section 368, exempt, for a period
of not more than 3 years,adriverofafatigue-regulatedheavyvehiclefromtherequirement to comply with
Subdivisions 1 to 5 of Division 2.(2)An
exemption under subsection (1) is awork diary
exemption(permit).364Application for work diary exemption
(permit)(1)Thedriverofafatigue-regulatedheavyvehiclewhoisworking under standard hours may apply
to the Regulator fora work diary exemption
(permit).(2)The application must—Page
352Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(a)be in the approved form; and(b)state the following—(i)the period for which the exemption is
sought;(ii)anyconditionsfortheexemptionsoughtbytheapplicant;
and(c)nominate a person (thenominee) to make
written workrecords for the driver; and(d)be accompanied by the nominee’s
written agreement tothe nomination; and(e)beaccompaniedbytheprescribedfeefortheapplication.(3)An
employer of the driver of a fatigue-regulated heavy vehiclemay
make an application under subsection (1) on behalf of thedriver.(4)The
Regulator may, by notice given to the applicant, requirethe
applicant to give the Regulator any additional informationthe
Regulator reasonably requires to decide the application.365Restriction on grant of work diary
exemption (permit)(1)TheRegulatormaygrantaworkdiaryexemption(permit)only
if the Regulator is satisfied—(a)thedrivercannotmakerecordsinthedriver’sworkdiarybecauseofthedriver’sinadequateEnglishliteracy; and(b)the
nominee for the driver will be able to make recordsthat
are no less complete or accurate than records madeunder Subdivisions 1 to 5 of Division 2;
and(c)the driver works only under standard
hours.(2)In deciding whether or not to grant a
work diary exemption(permit),theRegulatormusthaveregardtotheapprovedguidelines for granting work diary
exemptions.(3)In this section—Current as at [Not
applicable]Page 353
Heavy
Vehicle National Law Act 2012Schedulenominee, for the driver
of a fatigue-regulated heavy vehicle,means the person
nominated, in the application for the workdiary exemption
(permit), by the driver to make written workrecords for the
driver.Notauthorised—indicativeonly366Conditions of
work diary exemption (permit)(1)A
work diary exemption (permit) is subject to the conditionthat
the driver to whom the exemption applies must carry outall
work as a driver of fatigue-regulated heavy vehicles understandard hours only.(2)A
work diary exemption (permit) may be subject to any otherconditions the Regulator considers
appropriate, including, forexample,
conditions about—(a)the information to be included in
records about the workcarriedoutbythedriverofafatigue-regulatedheavyvehicle to whom the exemption applies;
and(b)how the records are to be made.367Period for which work diary exemption
(permit) applies(1)A work diary exemption (permit)
applies for the period statedin the permit
for the exemption.(2)The period may be less than the period
sought by the applicantfor the work diary exemption
(permit).368Permit for work diary exemption
(permit) etc.(1)If the Regulator grants a work diary
exemption (permit) to aperson, the Regulator must give the
person—(a)a permit for the exemption; and(b)iftheRegulatorhasimposedconditionsontheexemptionundersection 366orhasgrantedtheexemption for a period less than the period
of not morethan3yearssoughtbytheperson—aninformationnotice for the
decision to impose the conditions or grantthe exemption
for the shorter period.Page 354Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(2)A permit for a work diary exemption
(permit) must state thefollowing—(a)thenameofthedriverofafatigue-regulatedheavyvehicle to whom the permit is given;(b)the name of the nominee for the
driver;(c)the conditions of the
exemption;(d)the period for which the exemption
applies.(3)In this section—nominee,
for the driver of a fatigue-regulated heavy vehicle,means the person nominated, in the
application for the workdiary exemption (permit), by the
driver to make written workrecords for the
driver.369Refusal of application for work diary
exemption (permit)IftheRegulatorrefusesanapplicationforaworkdiaryexemption (permit), the Regulator must give
the applicant aninformation notice for the decision to
refuse the application.370Amendment or
cancellation of work diary exemption(permit) on
application by permit holder(1)The
holder of a permit for a work diary exemption (permit)may
apply to the Regulator for an amendment or cancellationof
the exemption.(2)The application must—(a)be in the approved form; and(b)beaccompaniedbytheprescribedfeefortheapplication;
and(c)if the application is for an
amendment—state clearly theamendment sought
and the reasons for the amendment;and(d)iftheapplicationisforanamendmentofthepersonnominated by the holder to make written work
recordsCurrent as at [Not applicable]Page
355
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedulefortheholder—beaccompaniedbythenominee’swritten
agreement to the nomination; and(e)be
accompanied by the permit.(3)The Regulator
may, by notice given to the applicant, requirethe applicant to
give the Regulator any additional informationthe Regulator
reasonably requires to decide the application.(4)TheRegulatormustdecidetheapplicationassoonaspracticable after receiving it.(5)If the Regulator decides to grant the
application—(a)theRegulatormustgivetheapplicantnoticeofthedecision;
and(b)the amendment or cancellation takes
effect—(i)whennoticeofthedecisionisgiventotheapplicant; or(ii)ifalatertimeisstatedinthenotice,atthelatertime; and(c)iftheRegulatoramendstheexemption,theRegulatormustgivetheapplicantareplacementpermitfortheexemption as
amended.(6)If the Regulator decides not to amend
or cancel the work diaryexemption (permit), as sought by the
applicant, the Regulatormust—(a)give
the applicant an information notice for the decision;and(b)return the
permit for the exemption to the applicant.371Amendment or cancellation of work diary
exemption(permit) on Regulator’s initiative(1)Each of the following is a ground for
amending or cancellinga work diary exemption
(permit)—(a)theexemptionwasgrantedbecauseofadocumentorrepresentation that was—(i)false or misleading; orPage
356Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(ii)obtained or made
in an improper way;(b)thepersontowhomtheexemptionisgrantedhascontravened this Law or a corresponding
fatigue law;(c)thenomineehascontravenedaconditionoftheexemption;(d)sincetheexemptionwasgranted,therehasbeenachangeinthecircumstancesthatwererelevanttotheRegulator’s
decision to grant the exemption and, had thechanged
circumstances existed when the exemption wasgranted,theRegulatorwouldnothavegrantedtheexemption, or would have granted the
exemption subjectto conditions or different
conditions.(2)If the Regulator considers a ground
exists to amend or cancelaworkdiaryexemption(permit)(theproposedaction),theRegulatormustgivetheholderofthepermitfortheexemption a notice—(a)stating the proposed action;
and(b)stating the ground for the proposed
action; and(c)outlining the facts and circumstances
forming the basisfor the ground; and(d)iftheproposedactionistoamendtheexemption(includingaconditionoftheexemption)—statingtheproposed amendment; and(e)inviting the holder to make, within a stated
time of atleast14daysafterthenoticeisgiventotheholder,writtenrepresentationsabout whytheproposedactionshould not be taken.(3)If,afterconsideringallwrittenrepresentationsmadeundersubsection
(2)(e), the Regulator still considers a ground existsto
take the proposed action, the Regulator may—(a)iftheproposedactionwastoamendtheexemption—amendtheexemption,including,forexample,byimposing additional conditionson
the exemption, in away that is not substantially different from
the proposedaction; orCurrent as at [Not
applicable]Page 357
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)if
the proposed action was to cancel the exemption—(i)amend the exemption, including, for
example, byimposing additional conditions on the
exemption;or(ii)cancel the
exemption.(4)The Regulator must give the holder an
information notice forthe decision.(5)The
amendment or cancellation takes effect—(a)when
the information notice is given to the holder; or(b)if a later time is stated in the
information notice, at thelater time.(6)In
this section—nominee,forthepersontowhomaworkdiaryexemption(permit) is
granted, means the person stated in the permit forthe
exemption as the person nominated by the person to makewritten work records for the person.372Minor amendment of work diary
exemption (permit)The Regulator may, by notice given to the
holder of a permitfor a work diary exemption (permit), amend
the exemption ina minor respect—(a)for
a formal or clerical reason; or(b)inanotherwaythatdoesnotadverselyaffecttheholder’s interests.373Return of permit(1)Ifaperson’sworkdiaryexemption(permit)isamendedorcancelled under this Subdivision, the
Regulator may, by noticegiven to the person, require the
person to return the person’spermit for the
exemption to the Regulator.(2)The
person must comply with the notice within 7 days afterthe
notice is given to the person or, if a longer period is
statedin the notice, within the longer
period.Page 358Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012ScheduleMaximum penalty—$6000.(3)If
the exemption has been amended, the Regulator must givethepersonareplacementpermitfortheexemptionasamended.374Replacement of defaced etc. permit(1)If a person’s permit for a work diary
exemption (permit) isdefaced, destroyed, lost or stolen,
the person must, as soon asreasonablypracticableafterbecomingawareofthematter,apply to the Regulator for a replacement
permit.Maximum penalty—$4000.(2)IftheRegulatorissatisfiedthepermithasbeendefaced,destroyed, lost or stolen, the Regulator
must give the person areplacement permit as soon as
practicable.(3)If the Regulator decides not to give a
replacement permit tothe person, the Regulator must give
the person an informationnotice for the decision.Subdivision 4Operating under
work diaryexemption375Contravening condition of work diary
exemptionApersonmustnotcontraveneaconditionofaworkdiaryexemption.Maximum
penalty—$6000.376Keeping relevant document while
operating under workdiary exemption (notice)(1)Thissectionappliesifaworkdiaryexemption(notice)issubject to the condition that the
driver of a fatigue-regulatedheavyvehiclewhoisoperatingundertheexemptionmustkeep
a relevant document in the driver’s possession.Current as at [Not
applicable]Page 359
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(2)Adriverofthefatigue-regulatedheavyvehiclewhoisoperatingundertheworkdiaryexemption(notice)mustcomply with the
condition.Maximum penalty—$3000.(3)Each
relevant party for a driver mentioned in subsection (2)mustensurethedrivercomplieswithsubsection(2),unlessthe relevant
party has a reasonable excuse.Maximum
penalty—$3000.(7)In this section—relevantdocument,foraworkdiaryexemption(notice),means a copy
of—(a)the Commonwealth Gazette notice for
the exemption; or(b)an information sheet about the
exemption published bythe Regulator on the Regulator’s
website.relevantparty,forthedriverofafatigue-regulatedheavyvehicle, means—(a)an
employer of the driver if the driver is an employeddriver; or(b)aprimecontractorofthedriverifthedriverisaself-employed driver; or(c)anoperatorofthevehicleifthedriverismakingajourney for the operator.377Keeping permit or copy while operating
under work diaryexemption (permit)Thedriverofafatigue-regulatedheavyvehiclewhoisoperating under a work diary exemption
(permit) must keepthe permit or a copy of the permit in the
driver’s possession.Maximum penalty—$3000.Page
360Current as at [Not applicable]
Notauthorised—indicativeonlyDivision 8AHeavy Vehicle
National Law Act 2012ScheduleExemptions from
fatigue recordkeeping requirements of Division 3Subdivision 1Exemptions by
CommonwealthGazette notice378Regulator’s power to exempt record keepers
from fatiguerecord keeping requirements(1)TheRegulatormay,byCommonwealthGazettenoticecomplying with
section 381, exempt, for a period of not morethan 3 years,
record keepers for drivers of fatigue-regulatedheavyvehiclescarryingoutaclassofworkfromtherequirementtocomplywithallorstatedprovisionsofDivision 3 for the work.(2)Anexemptionundersubsection (1)isafatiguerecordkeeping exemption (notice).(3)In deciding
whether or not to grant a fatigue record keepingexemption(notice),theRegulatormusthaveregardtotheapprovedguidelinesforgrantingfatiguerecordkeepingexemptions.379Conditions of fatigue record keeping
exemption (notice)A fatigue record keeping exemption
(notice)—(a)issubjecttoconditionsprescribedbythenationalregulations for
the exemption; and(b)maybesubjecttoanyotherconditionstheRegulatorconsiders
appropriate, including, for example—(i)conditionsaboutrecordinginformationaboutthework to which the exemption applies;
and(ii)a condition that
a record keeper for the driver of afatigue-regulatedheavyvehiclewhoisoperatingundertheexemptionmustkeepintherecordkeeper’s
possession—Current as at [Not applicable]Page
361
Heavy
Vehicle National Law Act 2012Schedule(A)a copy of the Commonwealth Gazette
noticefor the exemption; or(B)astateddocumentorstatedkindofdocument relating to the
exemption.Notauthorised—indicativeonly380Period for which
fatigue record keeping exemption(notice)
appliesA fatigue record keeping exemption
(notice)—(a)takes effect—(i)whentheCommonwealthGazettenoticefortheexemption is published; or(ii)ifalatertimeisstatedintheCommonwealthGazette notice,
at the later time; and(b)appliesfortheperiodstatedintheCommonwealthGazette
notice.381Requirements about Commonwealth
Gazette notice(1)A Commonwealth Gazette notice for a
fatigue record keepingexemption (notice) must state the
following—(a)the class of work to which the
exemption applies;(b)thatrecordkeepersfordriversoffatigue-regulatedheavyvehicleswhocarryouttheclassofworkareexemptfromtherequirementtocomplywithallorstated
provisions of Division 3 for the work;(c)the
conditions of the exemption;(d)the
period for which the exemption applies.(2)TheRegulatormustpublishacopyoftheCommonwealthGazette notice
on the Regulator’s website.382Amendment or
cancellation of fatigue record keepingexemption
(notice)(1)Itisagroundforamendingorcancellingafatiguerecordkeepingexemption(notice)if,sincetheexemptionwasPage
362Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlygranted,therehasbeenachangeinthecircumstancesthatwererelevanttotheRegulator’sdecisiontogranttheexemption and, had the changed circumstances
existed whentheexemptionwasgranted,theRegulatorwouldnothavegranted the
exemption, or would have granted the exemptionsubject to
conditions or different conditions.(2)If
the Regulator considers a ground exists to amend or cancelafatiguerecordkeepingexemption(notice),theRegulatormayamendorcanceltheexemptionbycomplyingwithsubsections (3) to (5).(3)The
Regulator must publish a public notice—(a)statingthattheRegulatorbelievesagroundexiststoamend or cancel the exemption;
and(b)outlining the facts and circumstances
forming the basisfor the belief; and(c)statingtheactiontheRegulatorisproposingtotakeunder this
section (theproposed action); and(d)inviting persons who will be affected
by the proposedaction to make, within a stated time of at
least 14 daysaftertheCommonwealthGazettenoticeispublished,writtenrepresentationsabout whytheproposedactionshould not be taken.(4)If,afterconsideringallwrittenrepresentationsmadeundersubsection
(3)(d),theRegulatorstillconsidersthecircumstances in which the Regulator may
grant the fatiguerecord keeping exemption (notice) are no
longer satisfied, theRegulator may—(a)iftheproposedactionwastoamendtheexemption—amend the
exemption in a way that is not substantiallydifferentfromtheproposedaction,including,forexample, by—(i)amendingtheclassofworktowhichtheexemption applies; or(ii)amending the conditions of the exemption;
or(b)if the proposed action was to cancel
the exemption—Current as at [Not applicable]Page
363
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(i)amend the exemption, including, for example,
byamendingtheexemptioninawaymentionedinparagraph (a)(i) or (ii); or(ii)cancel the
exemption.(5)The Regulator must publish a public
notice of the amendmentor cancellation.(6)The
amendment or cancellation takes effect—(a)28daysaftertheCommonwealthGazettenoticeispublished under subsection (5); or(b)if a later time is stated in the
Commonwealth Gazettenotice, at the later time.Subdivision 2Exemptions by
permit383Regulator’s power to exempt record
keepers from fatiguerecord keeping requirements(1)The Regulator may, by giving a person
a permit as mentionedin section 387, exempt, for a period
of not more than 3 years,a record keeper for one or more
drivers of a fatigue-regulatedheavyvehiclefromtherequirementtocomplywithallorstated
provisions of Division 3.(2)Anexemptionundersubsection (1)isafatiguerecordkeeping exemption (permit).(3)The Regulator
may grant a fatigue record keeping exemption(permit) to the
operator of a fatigue-regulated heavy vehicle incombination with the operator’s BFM
accreditation or AFMaccreditation.(4)The
Regulator may grant a fatigue record keeping exemption(permit)—(a)in a
way that does not cover all the drivers sought by theapplicant; or(b)settingconditionsdifferentfromthosesoughtbytheapplicant.Page 364Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule384Application for fatigue record keeping
exemption (permit)(1)Therecordkeeperforadriverofafatigue-regulatedheavyvehiclemayapplytotheRegulatorforafatiguerecordkeeping exemption (permit).(2)The application must—(a)be in the approved form; and(b)state the following—(i)the period for which the exemption is
sought;(ii)anyconditionsfortheexemptionsoughtbytheapplicant;(iii)thenameanddetailsofeachdriverofafatigue-regulatedheavyvehicletowhomtheexemption sought is to apply;(iv)anyotherdetailsprescribedbythenationalregulations;
and(c)beaccompaniedbytheprescribedfeefortheapplication.(3)The
Regulator may, by notice given to the applicant, requirethe
applicant to give the Regulator any additional informationthe
Regulator reasonably requires to decide the application.(4)In deciding whether or not to grant a
fatigue record keepingexemption(permit),theRegulatormustcomplywithanyrequirementsprescribedbythenationalregulationsforthepurposes of this subsection and have
regard to the approvedguidelines for granting fatigue record
keeping exemptions.385Conditions of fatigue record keeping
exemption (permit)A fatigue record keeping exemption
(permit)—(a)issubjecttoconditionsprescribedbythenationalregulations for
the exemption; and(b)maybesubjecttoanyotherconditionstheRegulatorconsiders
appropriate, including, for example—Current as at [Not
applicable]Page 365
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(i)a
condition about the information to be included inrecordsabouttheworkcarriedoutbydriversoffatigue-regulatedheavyvehiclestowhomtheexemption applies; and(ii)a
condition about how the records are to be made;and(iii)a condition that
a record keeper for the driver of afatigue-regulatedheavyvehiclewhoisoperatingundertheexemptionmustkeepintherecordkeeper’s
possession—(A)the permit for the exemption;
or(B)astateddocumentorstatedkindofdocument relating to the
exemption.386Period for which fatigue record
keeping exemption(permit) applies(1)A
fatigue record keeping exemption (permit) applies for theperiod stated in the permit for the
exemption.(2)The period may be less than the period
sought by the applicantfor the fatigue record keeping
exemption (permit).387Permit for fatigue record keeping
exemption (permit) etc.(1)IftheRegulatorgrantsafatiguerecordkeepingexemption(permit) to a person, the Regulator must
give the person—(a)a permit for the exemption; and(b)iftheRegulatorhasimposedconditionsontheexemptionundersection 385orhasgrantedtheexemption for a period less than the period
of not morethan3yearssoughtbytheperson—aninformationnotice for the
decision to impose the conditions or grantthe exemption
for the shorter period.(2)Apermitforafatiguerecordkeepingexemption(permit)must state the
following—Page 366Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012Schedule(a)thenameofthedriversoffatigue-regulatedheavyvehicles to whom the permit applies;(b)the conditions of the
exemption;(c)the period for which the exemption
applies.Notauthorised—indicativeonly388Refusal of application for fatigue
record keepingexemption (permit)IftheRegulatorrefusesanapplicationforafatiguerecordkeepingexemption(permit),theRegulatormustgivetheapplicant an information notice for the
decision to refuse theapplication.389Amendment or cancellation of fatigue record
keepingexemption (permit) on application by permit
holder(1)The holder of a permit for a fatigue
record keeping exemption(permit)mayapplytotheRegulatorforanamendmentorcancellation of the exemption.(2)The application must—(a)be in the approved form; and(b)beaccompaniedbytheprescribedfeefortheapplication;
and(c)if the application is for an
amendment—state clearly theamendment sought
and the reasons for the amendment;and(d)be accompanied by the permit.(3)The Regulator may, by notice given to
the applicant, requirethe applicant to give the Regulator
any additional informationthe Regulator reasonably requires to
decide the application.(4)TheRegulatormustdecidetheapplicationassoonaspracticable after receiving it.(5)If the Regulator decides to grant the
application—(a)theRegulatormustgivetheapplicantnoticeofthedecision;
andCurrent as at [Not applicable]Page
367
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)the
amendment or cancellation takes effect—(i)whennoticeofthedecisionisgiventotheapplicant; or(ii)ifalatertimeisstatedinthenotice,atthelatertime; and(c)if the Regulator amended the
exemption, the Regulatormustgivetheapplicantareplacementpermitfortheexemption as
amended.(6)If the Regulator decides not to amend
or cancel the exemptionas sought by the applicant, the
Regulator must—(a)give the applicant an information
notice for the decision;and(b)return the permit for the exemption to the
applicant.390Amendment or cancellation of fatigue
record keepingexemption (permit) on Regulator’s
initiative(1)Each of the following is a ground for
amending or cancellinga fatigue record keeping exemption
(permit)—(a)theexemptionwasgrantedbecauseofadocumentorrepresentation that was—(i)false or misleading; or(ii)obtained or made
in an improper way;(b)theholderofthepermitfortheexemptionhascontravened this Law or a
corresponding fatigue law;(c)a driver of a
fatigue-regulated heavy vehicle to whomtheexemptionapplieshascontravenedthisLaworacorresponding fatigue law;(d)sincetheexemptionwasgranted,therehasbeenachangeinthecircumstancesthatwererelevanttotheRegulator’s
decision to grant the exemption and, had thechanged
circumstances existed when the exemption wasgranted,theRegulatorwouldnothavegrantedtheexemption, or would have granted the
exemption subjectto conditions or different
conditions.Page 368Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(2)If the Regulator considers a ground
exists to amend or cancelafatiguerecordkeepingexemption(permit)(theproposedaction), the Regulator
must give the holder of the permit forthe exemption a
notice—(a)stating the proposed action;
and(b)stating the ground for the proposed
action; and(c)outlining the facts and circumstances
forming the basisfor the ground; and(d)iftheproposedactionistoamendtheexemption(includingaconditionoftheexemption)—statingtheproposed amendment; and(e)inviting the holder to make, within a stated
time of atleast14daysafterthenoticeisgiventotheholder,writtenrepresentationsabout whytheproposedactionshould not be taken.(3)If,afterconsideringallwrittenrepresentationsmadeundersubsection
(2)(e), the Regulator still considers a ground existsto
take the proposed action, the Regulator may—(a)iftheproposedactionwastoamendtheexemption—amendtheexemption,including,forexample,byimposing additional conditionson
the exemption, in away that is not substantially different from
the proposedaction; or(b)if
the proposed action was to cancel the exemption—(i)amend the exemption, including, for
example, byimposing additional conditions on the
exemption;or(ii)cancel the
exemption.(4)The Regulator must give the holder an
information notice forthe decision.(5)The
amendment or cancellation takes effect—(a)when
the information notice is given to the holder; or(b)if a later time is stated in the
information notice, at thelater time.Current as at [Not
applicable]Page 369
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule391Minor
amendment of fatigue record keeping exemption(permit)The
Regulator may, by notice given to the holder of a permitfor
a fatigue record keeping exemption (permit), amend theexemption in a minor respect—(a)for a formal or clerical reason;
or(b)inanotherwaythatdoesnotadverselyaffecttheholder’s interests.392Return of permit(1)Ifaperson’sfatiguerecordkeepingexemption(permit)isamended or cancelled, the Regulator may, by
notice given tothe person, require the person to return the
person’s permit forthe exemption to the Regulator.(2)The person must comply with the notice
within 7 days afterthe notice is given to the person or, if a
longer period is statedin the notice, within the longer
period.Maximum penalty—$6000.(3)If
the exemption has been amended, the Regulator must givethepersonareplacementpermitfortheexemptionasamended.393Replacement of defaced etc. permit(1)If a person’s permit for a fatigue
record keeping exemption(permit) is defaced, destroyed, lost
or stolen, the person must,as soon as
reasonably practicable after becoming aware of thematter, apply to the Regulator for a
replacement permit.Maximum penalty—$4000.(2)IftheRegulatorissatisfiedthepermithasbeendefaced,destroyed, lost or stolen, the Regulator
must give the person areplacement permit as soon as
practicable.(3)If the Regulator decides not to give a
replacement permit tothe person, the Regulator must give
the person an informationnotice for the decision.Page
370Current as at [Not applicable]
Subdivision 3Heavy Vehicle
National Law Act 2012ScheduleExemptions by
national regulationsNotauthorised—indicativeonly394Exemptions from provisions of Division
3(1)Thenationalregulationsmayprovidefortheexemptionofrecord keepers for drivers of
fatigue-regulated heavy vehiclesfrom the
requirement to comply with all or stated provisionsof
Division 3.(2)Without limiting subsection (1), the
national regulations mayprescribe matters about—(a)oneormoreclassesofrecordkeepersforwhichanexemption is to apply; and(b)one or more classes of drivers of
fatigue-regulated heavyvehicles for which an exemption is to
apply; and(c)conditions to which an exemption is to
be subject.Subdivision 4Other
provisions395Contravening condition of fatigue
record keepingexemptionA person must
not contravene a condition of a fatigue recordkeeping
exemption.Maximum penalty—$6000.Division 9Requirements about odometers396Owner must maintain odometer(1)Thenationalregulationsmayrequirethefittingandmaintenanceofanodometertoafatigue-regulatedheavyvehicle.(2)An
owner of a fatigue-regulated heavy vehicle required by thenationalregulationstobefittedwithanodometermustmaintaintheodometerinaccordancewiththerequirementsCurrent as at [Not
applicable]Page 371
Heavy
Vehicle National Law Act 2012Scheduleprescribed by the national regulations,
unless the owner has areasonable excuse.Maximum
penalty—$6000.Notauthorised—indicativeonly397Driver must
report malfunctioning odometer(1)This
section applies if the driver of a fatigue-regulated heavyvehicle becomes aware or has reason to
suspect an odometerfitted to the vehicle is malfunctioning or
has malfunctioned.(2)The driver must inform the following
persons of the matterwithin 2 business days—(a)each owner of the vehicle;(b)the driver’s employer if the driver is
an employed driver;(c)each operator of the vehicle.Maximum penalty—$3000.(3)Subsection (2)doesnotapplytothedriverofafatigue-regulated heavy vehicle in
relation to a malfunction ofan odometer if
another driver of the vehicle has complied withthe subsection
in relation to the malfunction.398What
owner must do if odometer malfunctioning(1)This
section applies if an owner of a fatigue-regulated heavyvehicleisinformedundersection 397ofmalfunctioningorsuspected malfunctioning of the vehicle’s
odometer.(2)The owner must, as soon as reasonably
practicable after beinginformed of the matter, ensure the
odometer is examined andbrought into working order.Maximum penalty—$6000.399What
employer or operator must do if odometermalfunctioning(1)Thissectionappliesifanemployerofthedriverofafatigue-regulatedheavyvehicleoranoperatorofafatigue-regulated heavy vehicle is
informed under section 397Page 372Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012Scheduleofmalfunctioningorsuspectedmalfunctioningofthevehicle’s odometer.(2)Theemployeroroperatormustnot,withoutareasonableexcuse,drive,orpermitanotherpersontodrive,thefatigue-regulatedheavyvehicleunlesstheownerofthevehicle has complied with section
398.Maximum penalty—$6000.Notauthorised—indicativeonlyChapter 7Intelligent
Access ProgramPart 7.1Preliminary400Main
purposes of Ch 7(1)The main purposes of this Chapter
are—(a)to ensure the integrity of systems
used for compliancewith intelligent access program conditions;
and(b)toprovideforappropriatecollection,keepingandhandling of intelligent access program
information.(2)The purpose mentioned in subsection
(1)(a) is achieved by—(a)requiringparticularentitiestoreportrelevantcontraventions for intelligent access
program vehicles;and(b)requiringparticularentitiestoreporttamperingorsuspectedtamperingwith,ormalfunctioningof,approved intelligent transport systems;
and(c)prohibitingpersonsfromtamperingwithapprovedintelligent transport systems; and(d)giving particular entities functions
and powers to audittheactivitiesofintelligentaccessprogramserviceproviders.(3)The
purpose mentioned in subsection (1)(b) is achieved by—Current as at [Not applicable]Page
373
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(a)allowingentitiestocollect,hold,useanddiscloseintelligent access program information for
only limitedpurposes and subject to restrictions;
and(b)requiring entities with monitoring or
auditing functionstoensureintelligentaccessprograminformationcollected is
accurate, complete and up to date; and(c)requiring entities who collect intelligent
access programinformationtoprotecttheinformationanddestroyitwhen
it is no longer required by the entities; and(d)providingforpersonsaboutwhomanentityholdspersonal information to have access to the
informationand have it corrected in appropriate
circumstances.401What the Intelligent Access Program
isThe Intelligent Access Program is a program
to allow heavyvehiclestohaveaccess,orimprovedaccess,totheroadnetwork in return for monitoring, by an
intelligent transportsystem, of their compliance with
stated access conditions.402Application of Ch
7(1)This Chapter applies in relation to a
heavy vehicle for which amassordimensionauthorityisinforcewiththefollowingconditions
(intelligent access program conditions)—(a)aconditionabouttheareasorroutestowhichtheauthority applies;(b)conditions about the use of a heavy vehicle
on a roadunder the authority, including, for example,
conditionsabout one or more of the following—(i)the maximum permissible mass of the
vehicle, orthe vehicle together with its load, while it
is beingused on the road under the authority;(ii)the times when
the vehicle may be used on the roadunder the
authority;(iii)the maximum
speed at which the vehicle may bedriven on the
road under the authority;Page 374Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(c)conditions that—(i)a
heavy vehicle’s compliance with the conditionsmentioned in
paragraphs (a) and (b) is monitoredbyanapprovedintelligenttransportsystemusedby
an intelligent access program service provider;and(ii)any
noncompliance reports made by the system aresent to the
Regulator within a stated period.(2)ThisChapteralsoappliesinrelationtoaheavyvehicleforwhich an HML authority is in force
with the conditions (alsointelligent access program
conditions) that—(a)eitherorbothofthefollowingismonitoredbyanapprovedintelligenttransportsystemusedbyanintelligent
access program service provider—(i)the
roads on which the vehicle is used under thehigher mass
limits;(ii)the vehicle’s
compliance with conditions about theuse of a heavy
vehicle on a road under the highermasslimits,including,forexample,conditionsabout one or
more of the following—(A)the times when
the vehicle may be driven onthe road under
the higher mass limits;(B)themaximumspeedatwhichthevehiclemay be driven on
the road under the highermass limits; and(b)any
noncompliance reports made by the system are sentto
the Regulator within a stated period.403Definitions for Ch 7In this
Chapter—approvedintelligenttransportsystemmeansanintelligenttransportsystemapprovedbyTCA,forthepurposesoftheIntelligentAccessProgram,forusebyanintelligentaccessprogram service provider to monitor the
relevant monitoringmatters for an intelligent access program
vehicle.Current as at [Not applicable]Page
375
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyPage 376highermasslimitsmeansthehighermasslimitsapplyingunder the mass requirements.HML
authoritymeans a declaration made, or permit
granted,under the national regulations allowing a
heavy vehicle to beused on a road under the higher mass
limits.IntelligentAccessProgramhasthemeaninggiveninsection 401.intelligentaccessprogramagreementmeansanagreementbetweentheoperatorofaheavyvehicleandanintelligentaccessprogramserviceproviderunderwhichtheserviceprovider agrees
to monitor, by using an approved intelligenttransportsystem,therelevantmonitoringmattersforthevehicle.intelligent access program auditmeans the process of doing1 or
more of the following—(a)reviewingintelligentaccessprograminformationheldbyanintelligentaccessprogramserviceprovidertoassesswhethertheinformationisaccurate,completeand
up to date;(b)reviewingtheprocessesbywhichintelligentaccessprograminformationheldbyanintelligentaccessprogram service provider is generated,
recorded, stored,displayed, analysed, transmitted and
reported;(c)examining how intelligent access
program informationheld by an intelligent access program
service provider isused and disclosed by the service
provider;(d)examining an approved intelligent
transport system.intelligent access program conditionshas
the meaning givenby section 402.intelligentaccessprograminformationmeansinformationgenerated,
recorded, stored, displayed, analysed, transmittedor
reported by an approved intelligent transport system for anypurpose relating to the Intelligent Access
Program.intelligent access program service
providermeans a personcertifiedbyTCAasaserviceproviderformonitoring,byCurrent as at [Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyusinganapprovedintelligenttransportsystem,therelevantmonitoring
matters for an intelligent access program vehicle.intelligent access program vehiclemeans a heavy vehicle—(a)forwhichamassordimensionexemptionisinforcewith
intelligent access program conditions (as referredto
in section 402(1)); or(b)for which an HML
authority is in force with intelligentaccessprogramconditions(asreferredtoinsection 402(2)).lawenforcementpurposesmeansthepurposesofinvestigating or prosecuting an offence
against an Australianroad law.malfunction, in relation to
an approved intelligent transportsystem, means
the system—(a)ceases to work at all, or works only
intermittently; or(b)does not perform one or more functions
required underthe Intelligent Access Program; or(c)performs a function mentioned in
paragraph (b)—(i)only intermittently; or(ii)inawaythattheresultsofitdoingsoareinaccurateorunreliable,includingintermittentlyinaccurate or
unreliable.noncompliance reportmeans a report
made by an approvedintelligent transport system that reports
either or both of thefollowing—(a)arelevantcontraventionforanintelligentaccessprogram vehicle;(b)apparenttamperingwith,ormalfunctioningof,thesystem.personalinformationmeanspersonalinformationthatisintelligent access program information
or otherwise collectedfor the purposes of this
Chapter.Note—See also
definitionpersonal informationin section
5.Current as at [Not applicable]Page
377
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedulerelevant
contraventionmeans—(a)for
an intelligent access program vehicle used under amassordimensionexemption—thevehicle’scontraventionofconditionsmentionedinsection 402(1)(a) or (b) applying to
the vehicle; or(b)for an intelligent access program
vehicle used under thehigher mass limits—(i)the vehicle’s use under the higher
mass limits on aroad to which the higher mass limits do not
apply;or(ii)the vehicle’s
contravention of a condition about theuse of the
vehicle on a road under the higher masslimits.relevant monitoring mattersmeans—(a)foraheavyvehicleusedunderamassordimensionexemption—thevehicle’scompliancewithconditionsmentionedinsection 402(1)(a)or(b)applyingtothevehicle; or(b)for
a heavy vehicle used under the higher mass limits—the
matters mentioned in section 402(2)(a)(i) or (ii) forthe
vehicle.tamper, with an
approved intelligent transport system, meansengage in
conduct that has the result that—(a)the
system is changed; or(b)thesystemisinstalledorusedinawaythatisnotinaccordance with the conditions of its
approval by TCA;or(c)any operating
software that the system uses internally ischanged.Page
378Current as at [Not applicable]
Part
7.2Heavy Vehicle National Law Act 2012ScheduleDuties and
obligations ofoperators of intelligent accessprogram vehiclesNotauthorised—indicativeonly404Offence to give false or misleading
information tointelligent access program service
provider(1)The operator of an intelligent access
program vehicle commitsan offence if—(a)theoperatorgivesinformationtoanintelligentaccessprogramserviceproviderwithwhomtheoperatorhasentered into an intelligent access program
agreement forthe vehicle; and(b)the
information is relevant to the use of the vehicle; and(c)theoperatorknows,oroughtreasonablytoknow,theinformation is false or misleading.Maximum penalty—$10000.Note—See
section 632 for the matters a court may consider when
decidingwhether a person ought reasonably to have
known something.(2)Subsection (1)doesnotapplyiftheoperatorgivestheinformation in writing and, when
giving the information—(a)tells the
intelligent access program service provider, tothebestoftheoperator’sability,howitisfalseormisleading; and(b)if
the operator has, or can reasonably obtain, the correctinformation—gives the correct information in
writing.(3)Withoutlimitingsubsection (1)(b),informationabouttheintelligentaccessprogramconditionsapplyingtoanintelligent
access program vehicle is relevant to the use of thevehicle.(4)The
operator of a heavy vehicle commits an offence if—(a)theoperatorgivesinformationtoanintelligentaccessprogram service provider; andCurrent as at [Not applicable]Page
379
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)the
operator intends that the intelligent access programserviceproviderwillenterintoanintelligentaccessprogram agreement with the operator in
reliance on theinformation; and(c)theoperatorknows,oroughtreasonablytoknow,theinformation is false or misleading.Maximum penalty—$10000.Note—See
section 632 for the matters a court may consider when
decidingwhether a person ought reasonably to have
known something.(5)Subsection (4)doesnotapplyiftheoperatorgivestheinformation in writing and, when
giving the information—(a)tells the
intelligent access program service provider, tothebestoftheoperator’sability,howitisfalseormisleading; and(b)if
the operator has, or can reasonably obtain, the correctinformation—gives the correct information in
writing.(6)In a proceeding for an offence against
subsection (1) or (4), itis enough for a charge to state that
the information given was‘falseormisleading’totheoperator’sknowledge,withoutspecifying whether it was false or whether
it was misleading.405Advising vehicle driver of collection
of information byintelligent access program service
provider(1)The operator of an intelligentaccessprogram vehicle
must,unlesstheoperatorhasareasonableexcuse,ensurethevehicle’s driver is given the following
information before thevehicle begins a journey—(a)thatthevehiclewillbemonitoredbyanintelligentaccess program
service provider;(b)thatthisChapterprovidesforthecollectionofinformationbytheintelligentaccessprogramserviceprovider;(c)the
information that will be collected by the intelligentaccess program service provider;Page
380Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(d)thepurposesforwhichtheinformationwillbecollected;(e)the
entities to whom the information collected may bedisclosed;(f)that, under this Chapter, the driver has
rights of access topersonalinformationortohavepersonalinformationchangedtoensureitisaccurate,completeanduptodate;(g)howtherightsmentionedinparagraph(f)canbeexercised;(h)the
name and address of the intelligent access programservice provider.Maximum
penalty—$6000.(2)The operator of an intelligent access
program vehicle is takento comply with subsection (1) if the
operator—(a)givestheintelligentaccessprogramvehicle’sdriveranoticestatingtheinformationmentionedinthesubsection,
including, for example, by placing it in thevehicle’s
driving cabin in a clearly visible position; or(b)includes the information mentioned in the
subsection ina written contract of employment between the
operatorand the intelligent access program vehicle’s
driver.(3)The national regulations may
prescribe—(a)aformofnoticethatmaybeusedundersubsection
(2)(a); and(b)for the purposes of subsection (2)(b),
a standard form ofwords that may be used as part of a written
contract ofemployment.406Reporting system malfunctions to
Regulator(1)Ifanoperatorofanintelligentaccessprogramvehiclebecomes aware that a part of an approved
intelligent transportsystemfittedtothevehicleismalfunctioningorhasmalfunctioned, the operator must as
soon as practicable reportCurrent as at [Not applicable]Page
381
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedulethe matter to
the Regulator in person or by radio, telephone,fax or
email.Maximum penalty—$6000.(2)The
operator must keep, for at least 4 years, a written recordof a
report of a malfunction under subsection (1), containingthe
following particulars—(a)the type of
malfunction to which the report relates;(b)thedateandtimetheoperatorbecameawareofthemalfunction;(c)thelocationofthevehiclewhentheoperatorbecameaware of the malfunction;(d)the date and time the report was
made;(e)the location of the vehicle when the
report was made;(f)the way, in person or by radio,
telephone, fax or email,that the report was made;(g)the name of the operator or, if
someone else made thereport on behalf of the operator, the
name of the personwho made the report;(h)thenameoftheindividualtowhomthereportwasmade.Maximum
penalty—$6000.407Advising driver of driver’s
obligations about reportingsystem malfunctions(1)The operator of an intelligent access
program vehicle, beforethe vehicle begins a journey, must,
unless the operator has areasonable excuse, ensure the
vehicle’s driver is told—(a)about the
vehicle driver’s obligation under section 408;and(b)how the vehicle’s driver can make the
reports requiredby that obligation.Maximum
penalty—$6000.Page 382Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(2)The operator of an intelligent access
program vehicle is takento comply with subsection (1) if the
operator—(a)gives the vehicle’s driver a notice
stating the informationmentioned in the subsection,
including, for example, byplacingitinthevehicle’sdrivingcabininaclearlyvisible position; or(b)includes the information mentioned in the
subsection ina written contract of employment between the
operatorand the vehicle’s driver.(3)The national regulations may
prescribe—(a)aformofnoticethatmaybeusedundersubsection
(2)(a); and(b)for the purposes of subsection (2)(b),
a standard form ofwords that may be used as part of a written
contract ofemployment.Part 7.3Obligations of drivers ofintelligent access programvehicles408Reporting system malfunctions to
operator(1)If the driver of an intelligent access
program vehicle becomesaware that a part of an approved
intelligent transport systemfitted to the
vehicle is malfunctioning or has malfunctioned,the driver must
as soon as practicable report the malfunctionto the vehicle’s
operator in person or by radio, telephone, faxor email.Maximum penalty—$6000.(2)The
driver must keep, for at least 4 years, a written record of
areport of a malfunction under subsection
(1), containing thefollowing particulars—(a)the
type of malfunction to which the report relates;(b)thedateandtimethedriverbecameawareofthemalfunction;Current as at [Not
applicable]Page 383
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(c)thelocationofthevehiclewhenthedriverbecameaware of the malfunction;(d)the date and time the report was
made;(e)the location of the vehicle when the
report was made;(f)the way, in person or by radio,
telephone, fax or email,that the report was made;(g)the driver’s name;(h)thenameoftheindividualtowhomthereportwasmade.Maximum
penalty—$6000.(3)Subsection (1) does not apply to the
driver of a heavy vehiclein relation to a malfunction of a part
of an approved intelligenttransport system if another driver of
the vehicle has compliedwith the subsection in relation to the
malfunction.Part 7.4Powers, duties
and obligationsof intelligent access programservice providers409Powers to collect and hold intelligent
access programinformationAnintelligentaccessprogramserviceprovidermaycollectandholdintelligentaccessprograminformationformonitoring the relevant monitoring matters
for an intelligentaccess program vehicle.410Collecting intelligent access program
information(1)An intelligent access program service
provider must ensure,sofarasisreasonablypracticable,theintelligentaccessprogram information the service provider
collects—(a)is necessary for the purpose for which
it is collected or adirectly related purpose; andPage
384Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)is not excessive for that purpose;
and(c)is accurate, complete and up to
date.Maximum penalty—$6000.(2)An
intelligent access program service provider must ensure,sofarasisreasonablypracticable,thecollectionofintelligent access program information by
the service providerdoesnotintrudetoanunreasonableextentonthepersonalprivacy of any individual to whom the
information relates.Maximum penalty—$6000.411Keeping records of intelligent access
programinformation collected(1)An
intelligent access program service provider must keep, in away
complying with subsection (2), records of the intelligentaccess program information collected by the
service provider.Maximum penalty—$6000.(2)Records kept under subsection (1) must be
organised in a waythatallowstherecordstobeconvenientlyandproperlyaudited by an
intelligent access program auditor.412Protecting intelligent access program
informationAn intelligent access program service
provider must ensure,sofarasisreasonablypracticable,intelligentaccessinformationcollectedbytheserviceproviderisprotectedagainst
unauthorised access, unauthorised use, misuse, loss,modification or unauthorised
disclosure.Maximum penalty—$20000.413Making individuals aware of personal
information held(1)An intelligent access program service
provider must prepare,andmakepubliclyavailable,adocumentsettingouttheserviceprovider’spoliciesonthemanagementofpersonalinformation held
by the service provider.Current as at [Not applicable]Page
385
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012ScheduleExamples of how
a document is made publicly available—•making a document available at the service
provider’s office•making a document available on the
service provider’s websiteMaximum penalty—$6000.(2)Ifaskedbyanindividualaboutwhomanintelligentaccessprogramserviceproviderholdspersonalinformation,theserviceprovidermust,within28daysafterreceivingtherequest, give the individual the following
information if theservice provider can reasonably give the
information—(a)the kind of information the service
provider holds aboutthe individual;(b)the
purpose for which the information is held;(c)thewayinwhichtheserviceprovidercollects,holds,uses
and discloses the information;(d)the
entities to whom the information may be disclosed;(e)that,underthisChapter,theindividualhasrightsofaccesstotheinformationortohavetheinformationchangedtoensureitisaccurate,completeanduptodate;(f)howtherightsmentionedinparagraph(e)canbeexercised.Maximum
penalty—$6000.(3)Subsection (2) does not require an
intelligent access programservice provider to inform an
individual that a report undersection 422 or
423 exists or has been made.414Giving individuals access to their personal
information(1)An intelligent access program service
provider must, if askedbyanindividualaboutwhomtheserviceproviderholdspersonalinformation,givetheindividualaccesstotheinformation as
soon as practicable and without cost.Maximum
penalty—$6000.(2)Subsection (1) does not require an
intelligent access programservice provider to give an individual
access to a report madePage 386Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012Scheduleunder section 422 or 423 or information
showing that a reportof that kind exists or has been
made.Notauthorised—indicativeonly415Correcting errors etc.(1)This section applies if an individual
about whom an intelligentaccessprogramserviceproviderholdspersonalinformationasks the service
provider to make a particular change to thepersonal
information.(2)Theintelligentaccessprogramserviceprovidermustmakethechangeiftheserviceproviderissatisfiedthechangeisappropriatetoensurethepersonalinformationisaccurate,complete and up
to date.Maximum penalty—$6000.(3)Iftheintelligentaccessprogramserviceproviderisnotsatisfied as mentioned in subsection
(2), the service providermay refuse to comply with the
request.(4)If, under subsection (3), an
intelligent access program serviceprovider refuses
to comply with an individual’s request undersubsection (1),
the service provider must—(a)give the
individual a notice stating—(i)the
service provider’s reasons for refusing; and(ii)that
the individual may ask the service provider toattach to or
include with the personal informationthe individual’s
request or a record of it; and(b)if
asked by the individual, attach to or include with thepersonalinformationtherequestorarecordoftherequest.Maximum
penalty—$6000.416General restriction on use and
disclosure of intelligentaccess program informationAn
intelligent access program service provider must not useor
disclose intelligent access program information other thanas
required or authorised under this Law or another law.Current as at [Not applicable]Page
387
Heavy
Vehicle National Law Act 2012ScheduleMaximum penalty—$20000.Notauthorised—indicativeonly417Giving
intelligent access program auditor access torecordsAn
intelligent access program service provider must give anintelligent access program auditor access to
a record kept bythe service provider for the purposes of
this Chapter.Maximum penalty—$6000.418Powers to use and disclose intelligent
access programinformation(1)Anintelligentaccessprogramserviceprovidermayuseintelligentaccessprograminformationformonitoringtherelevant monitoring matters for an
intelligent access programvehicle.(2)An
intelligent access program service provider may discloseintelligentaccessprograminformationtotheRegulatorforcompliance purposes.(3)An
intelligent access program service provider may discloseintelligent access program information
to—(a)an authorised officer, other than a
police officer, for lawenforcementpurposesifsoauthorisedbyawarrantissued under
this Law; or(b)anauthorisedofficerwhoisapoliceofficer,forlawenforcementpurposesifsoauthorisedbyawarrantissued under
this Law or another law.(4)Ifanintelligentaccessprogramserviceproviderdisclosesintelligent access program information to an
authorised officeror a police officer under this section, the
officer must not usethe information, or disclose it to any
other person, unless—(a)the officer
believes the use or disclosure is reasonablynecessary for
law enforcement purposes; or(b)the
use or disclosure is otherwise authorised under thisLaw
or any other law.Page 388Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(5)An intelligent access program service
provider may discloseintelligent access program information
about an operator of anintelligent access program vehicle to
the operator.(6)Subsection (5) does not apply to the
following—(a)anoncompliancereportaboutanintelligentaccessprogram vehicle operated by the
operator;(b)information that a noncompliance
report has been madeabout an intelligent access program
vehicle operated bythe operator;(c)information disclosed under the authority of
a warrant asreferred to in subsection (3).(7)An intelligent access program service
provider may, with thewritten consent of an operator of an
intelligent access programvehicle, disclose intelligent access
program information abouttheoperatortoapersonotherthantheoperatorforanypurpose if the information—(a)does not identify any individual other
than the operator;and(b)contains nothing
by which the identity of any individual,other than the
operator, can reasonably be found out.(8)Anintelligentaccessprogramserviceprovidermayuseordiscloseintelligentaccessprograminformationthatispersonalinformationwiththewrittenconsentoftheindividual to
whom the personal information relates.(9)This
section is subject to section 424.419Keeping record of use or disclosure of
intelligent accessprogram information(1)Ifanintelligentaccessprogramserviceproviderusesordiscloses intelligent access program
information, the serviceprovider must, within 7 days after the
use or disclosure, makea record of the use or disclosure
that—(a)containstheinformationmentionedinsubsection (2);andCurrent as at [Not applicable]Page
389
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)is
in a form that ensures the record is readily accessiblebyanintelligentaccessprogramauditorattheplacewhere it is kept.Maximum
penalty—$6000.(2)The record must contain the following
information—(a)the intelligent access program service
provider’s nameor,ifsomeoneelseusedordisclosedtheintelligentaccessprograminformationonbehalfoftheserviceprovider, the
name of the person who used or disclosedthe intelligent
access program information;(b)the
date of the use or disclosure;(c)for
a use of intelligent access program information by oronbehalfoftheintelligentaccessprogramserviceprovider, a brief description of how the
information wasused;(d)foradisclosureofintelligentaccessprograminformationbyoronbehalfoftheintelligentaccessprogramserviceprovider,theentitytowhomtheinformation was disclosed;(e)the provision of this Law or another
law the intelligentaccess program service provider believes
authorises theuse or disclosure;(f)iftheuseordisclosureisauthorisedonlyunderaparticular document (including, for example,
a warrant,a certificate or a consent), a copy of the
document.(3)Anintelligentaccessprogram serviceprovider must
keep arecord made under this section for at least
2 years.Maximum penalty—$6000.420Keeping noncompliance report etc.(1)This section applies if a
noncompliance report is made by anapprovedintelligenttransportsystemoperatedbyanintelligent
access program service provider.Page 390Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(2)The intelligent access program service
provider must keep thefollowing for at least 4 years after
the noncompliance report ismade—(a)a copy of the report;(b)the information relied on to make the
report.Example of information that could be relied
on to make a noncompliancereport—GPS information
about a vehicle’s position at a particular timeMaximum
penalty—$6000.421Destroying intelligent access program
information etc.(1)An intelligent access service provider
must ensure, so far as isreasonably practicable—(a)intelligentaccessinformationcollectedbytheserviceproviderisdestroyed1yearaftertheinformationiscollected; and(b)arecordthattheserviceproviderisrequiredtokeepundersection419isdestroyedwithin1yearaftertheservice provider is no longer required
to keep the recordunder that section.Maximum
penalty—$6000.(2)Thissectiondoesnotapplytoanoncompliancereportorinformation the intelligent access
program service provider isrequired to keep
under section 420.422Reporting relevant contraventions to
Regulator(1)This section applies if an intelligent
access program serviceprovider knows of a relevant
contravention for an intelligentaccess program
vehicle.(2)The intelligent access program service
provider must, within 7days,givetheRegulatorareportabouttherelevantcontravention in
the approved form.Maximum penalty—$6000.Current as at [Not
applicable]Page 391
Heavy
Vehicle National Law Act 2012Schedule(3)Forthepurposesofsubsection (1),anintelligentaccessprogramserviceprovideristakentoknowofarelevantcontravention
for an intelligent access program vehicle if theserviceprovider’sapprovedintelligenttransportsystemhasdetected the contravention.Notauthorised—indicativeonly423Reporting
tampering or suspected tampering withapproved
intelligent transport system(1)Ifanintelligentaccessprogramserviceproviderknows,orhasreasonablegroundstosuspect,anapprovedintelligenttransport system
has been tampered with, the service providermust report the
matter to the Regulator—(a)within 7 days;
and(b)in the approved form.Maximum penalty—$6000.(2)Ifanintelligentaccessprogramserviceproviderknows,orhasreasonablegroundstosuspect,aback-officeintelligenttransport system
has been tampered with, the service providermust report the
matter to TCA—(a)within 7 days; and(b)in
the approved form.Maximum penalty—$6000.(3)Forthepurposesofsubsections (1)and(2),anintelligentaccessprogramserviceproviderdoesnotknow,orhavereasonablegroundstosuspect,anapprovedintelligenttransportsystemorback-officeintelligenttransportsystemhas been
tampered with merely because the service providerhas—(a)accessedareportmadebythesystem(includinganoncompliancereport)indicatingthatapparenttamperingwiththesystemhasbeendetectedelectronically; or(b)analysed information generated by the
system.(4)In this section—Page 392Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Scheduleback-office intelligent transport
systemmeans that part of anapproved
intelligent transport system that is not fitted, and isnotintendedtobefitted,toanintelligentaccessprogramvehicle.424Restriction on disclosing information
about tampering orsuspected tampering with approved
intelligent transportsystem(1)Ifanintelligentaccessprogramserviceproviderknows,orhasreasonablegroundstosuspect,anapprovedintelligenttransport system
has been tampered with, the service providermust not
disclose to any entity (other than the Regulator andTCA)
the following—(a)information that the service provider
has that knowledgeor suspicion;(b)information from which it could reasonably
be inferredthattheserviceproviderhasthatknowledgeorsuspicion.Maximum
penalty—$6000.(2)Forthepurposesofsubsection (1),anintelligentaccessprogram service provider does not know, or
have reasonablegrounds to suspect, an approved intelligent
transport systemhas been tampered with merely because the
service providerhas—(a)accessedareportmadebythesystem(includinganoncompliancereport)indicatingthatapparenttamperingwiththesystemhasbeendetectedelectronically; or(b)analysed information generated by the
system.(3)If an intelligent access program
service provider has made areporttotheRegulatorundersection
423(1)ofapparentorsuspected tampering, the service provider
must not disclose toany entity (other than the Regulator)
the following—(a)information that the report has been
made;Current as at [Not applicable]Page
393
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)information from which it could reasonably
be inferredthat the service provider has made the
report.Maximum penalty—$6000.(4)If
an intelligent access program service provider has made areport to TCA under section 423(2) of
apparent or suspectedtampering, the service provider must
not disclose to any entity(other than the Regulator and TCA) the
following—(a)information that the report has been
made;(b)information from which it could
reasonably be inferredthat the service provider has made the
report.Maximum penalty—$6000.(5)Subsection (1), (3) or (4) does not apply if
the disclosure ofthe information to which the subsection
applies is authorisedunder another law.Part 7.5Functions, powers, duties andobligations of TCA425Functions of TCA(1)TCAhasthefollowingfunctionsforthepurposesofthisChapter—(a)approving,andcancellingtheapprovalof,intelligenttransport
systems for use by intelligent access programserviceproviderstomonitortherelevantmonitoringmatters for an
intelligent access program vehicle;(b)managingthecertificationandauditregimefortheIntelligent
Access Program;(c)certifying and auditing, and
cancelling the certificationof, intelligent
access program service providers;(d)engagingindividuals,consultantsandcontractorstoassist TCA in the exercise of its auditing
activities.Page 394Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012Schedule(2)An approval, certification or
engagement under subsection (1)maybegivenormadeunconditionallyorsubjecttostatedconditions
imposed or varied from time to time.Notauthorised—indicativeonly426Powers to collect and hold intelligent
access programinformationTCAmaycollectandholdintelligentaccessprograminformation—(a)fortheexerciseofitsfunctionsmentionedinsection 425; or(b)for
law enforcement purposes.427Collecting
intelligent access program information(1)TCAmustensure,sofarasisreasonablypracticable,theintelligent access program information it
collects—(a)is necessary for the purpose for which
it is collected or adirectly related purpose; and(b)is not excessive for that purpose;
and(c)is accurate, complete and up to
date.Maximum penalty—$6000.(2)TCAmustensure,sofarasisreasonablypracticable,thecollection of intelligent access program
information by it doesnot intrude to an unreasonable extent
on the personal privacyof any individual to whom the
information relates.Maximum penalty—$6000.428Protecting intelligent access program
informationcollectedTCAmustensure,sofarasisreasonablypracticable,intelligentaccessinformationcollectedbyTCAisprotectedagainst
unauthorised access, unauthorised use, misuse, loss,modification or unauthorised
disclosure.Maximum penalty—$20000.Current as at [Not
applicable]Page 395
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule429Making individuals aware of personal
information held(1)TCA must prepare, and make publicly
available, a documentsettingoutitspoliciesonthemanagementofpersonalinformation held
by it.Examples of how a document is made publicly
available—•making a document available at TCA’s
office•making a document available on TCA’s
websiteMaximum penalty—$6000.(2)IfaskedbyanindividualaboutwhomTCAholdspersonalinformation,TCAmust,within28daysafterreceivingtherequest, give the individual the following
information if it canreasonably give the
information—(a)the kind of information it holds about
the individual;(b)the purpose for which the information
is held;(c)the way in which it collects, holds,
uses and disclosesthe information;(d)the
entities to whom the information may be disclosed;(e)that,underthisChapter,theindividualhasrightsofaccesstotheinformationortohavetheinformationchangedtoensureitisaccurate,completeanduptodate;(f)howtherightsmentionedinparagraph(e)canbeexercised.Maximum
penalty—$6000.(3)Subsection (2) does not require TCA to
inform an individualthat a report under section 422, 423,
438, 451 or 452 exists orhas been made.430Giving individuals access to their personal
information(1)TCA must, if asked by an individual
about whom TCA holdspersonalinformation,givetheindividualaccesstotheinformation as
soon as practicable and without cost.Maximum
penalty—$6000.Page 396Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(2)Subsection (1)doesnotrequireTCAtogiveanindividualaccess to a
report made under section 422, 423, 438, 451 or452 or
information showing that a report of that kind exists orhas
been made.431Correcting errors etc.(1)This section applies if an individual
about whom TCA holdspersonal information asks TCA to make
a particular change tothe personal information.(2)TCAmustmakethechangeifitissatisfiedthechangeisappropriatetoensurethepersonalinformationisaccurate,complete and up
to date.Maximum penalty—$6000.(3)If
TCA is not satisfied as mentioned in subsection (2), it mayrefuse to comply with the request.(4)IfTCArefuses,undersubsection (3),tocomplywithanindividual’srequest,itmustgivetheindividualanoticestating—(a)TCA’s reasons for refusing; and(b)that the individual may ask TCA to
attach to or includewith the personal information the
individual’s request ora record of it.(5)If
an individual referred to in subsection (4) asks TCA to doso,
it must attach to or include with the personal informationthe
request or a record of the request.Maximum
penalty—$6000.432General restriction on use and
disclosure of intelligentaccess program informationTCAmustnotuseordiscloseintelligentaccessprograminformationotherthanasrequiredorauthorisedunderthisLaw or another
law.Maximum penalty—$20000.Current as at [Not
applicable]Page 397
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule433Powers to use and disclose intelligent
access programinformation(1)TCAmayuseordiscloseintelligentaccessprograminformation—(a)fortheexerciseofitsfunctionsmentionedinsection 425; or(b)for
law enforcement purposes.(2)TCA may disclose
intelligent access program information tothe Regulator if
it is satisfied the information is relevant to theRegulator’s functions under this Law.(3)TCA may disclose intelligent access
program information toanintelligentaccessprogramauditorifitissatisfiedtheinformation is relevant to an intelligent
access program auditthe auditor is conducting.(4)TCAmaydiscloseintelligentaccessprograminformationrelatingtoaparticularoperatorofanintelligentaccessprogram vehicle to the operator.(5)TCAmay,withthewrittenconsentofanoperatorofanintelligent
access program vehicle, disclose intelligent accessprogram information about the operator to a
person other thanthe operator for any purpose if the
information—(a)does not identify any individual other
than the operator;and(b)contains nothing
by which the identity of any individual,other than the
operator, can reasonably be found out.(6)TCAmayuseordiscloseintelligentaccessprograminformation for
research purposes if the information containsno personal
information.(7)TCAmayuseordiscloseintelligentaccessprograminformationthatispersonalinformationwiththewrittenconsent of the
individual to whom the personal informationrelates.(8)This section is subject to section
439.Page 398Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule434Restriction about intelligent access
program informationthat may be used or disclosedTCAmustnotuseordiscloseintelligentaccessprograminformation
unless TCA is reasonably satisfied, having regardtothepurposeforwhichtheinformationistobeusedordisclosed,theinformationisaccurate,completeanduptodate.Maximum
penalty—$6000.435Keeping record of use or disclosure of
intelligent accessprogram information(1)IfTCAusesordisclosesintelligentaccessprograminformation,TCAmust,within7daysaftertheuseordisclosure, make a record of the use or
disclosure that—(a)containstheinformationmentionedinsubsection (2);and(b)is in a form that ensures the record
is readily accessibleby an authorised officer at the place
where it is kept.Maximum penalty—$6000.(2)The
record must contain the following information—(a)thenameofthepersonwhousedordisclosedtheintelligentaccessprograminformationonbehalfofTCA;(b)the
date of the use or disclosure;(c)for
a use of intelligent access program information by oronbehalfofTCA,abriefdescriptionofhowtheinformation was
used;(d)foradisclosureofintelligentaccessprograminformation by
or on behalf of TCA, the entity to whomthe information
was disclosed;(e)the provision of this Law or another
law TCA believesauthorises the use or disclosure;Current as at [Not applicable]Page
399
Heavy
Vehicle National Law Act 2012Schedule(f)iftheuseordisclosureisauthorisedonlywithaparticular document (including, for example,
a warrant,a certificate or a consent), a copy of the
document.(3)TCA must keep a record made under this
section for at least 2years.Maximum
penalty—$6000.Notauthorised—indicativeonly436Keeping
noncompliance reportsTCA must keep any noncompliance report
received by it for atleast 4 years after its
receipt.Maximum penalty—$6000.437Destroying intelligent access program
information orremoving personal information from it(1)TCAmustensure,sofarasisreasonablypracticable,intelligent
access information collected by TCA is destroyed—(a)generally—1 year after the information
is collected; or(b)if, at the end of that 1 year, the
information is requiredforlawenforcementpurposes—assoonaspracticableaftertheinformationisnolongerrequiredforlawenforcement
purposes.Maximum penalty—$6000.(2)TCAistakentohavecompliedwithsubsection
(1)forintelligentaccessprograminformationifitpermanentlyremovesanythingbywhichanindividualcanbeidentifiedfrom the
information.(3)This section does not apply to a
noncompliance report TCA isrequired to keep
under section 436.438Reporting tampering or suspected
tampering with, ormalfunction or suspected malfunction of,
approvedintelligent transport system to
Regulator(1)IfTCAknows,orhasreasonablegroundstosuspect,anapproved intelligent transport system has
been tampered withPage 400Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Scheduleorhasmalfunctioned,TCAmustreportthemattertotheRegulator within 7 days.Maximum penalty—$6000.(2)Forthepurposesofsubsection (1),TCAdoesnotknow,orhavereasonablegroundstosuspect,anapprovedintelligenttransport system
has been tampered with or has malfunctionedmerely because
it has—(a)accessedareportmadebythesystem(includinganoncompliancereport)indicatingthatapparenttamperingwith,ormalfunctioningof,thesystemhasbeen
detected electronically; or(b)analysed information generated by the
system.439Restriction on disclosing information
about tampering orsuspected tampering with approved
intelligent transportsystem(1)IfTCAknows,orhasreasonablegroundstosuspect,anapproved intelligent transport system has
been tampered with,TCA must not disclose the following to any
entity other thanthe Regulator—(a)information that TCA has that knowledge or
suspicion;(b)information from which it could
reasonably be inferredthat TCA has that knowledge or
suspicion.Maximum penalty—$6000.(2)Forthepurposesofsubsection (1),TCAdoesnotknoworhavereasonablegroundstosuspectanapprovedintelligenttransportsystemhasbeentamperedwithmerelybecauseithas—(a)accessedareportmadebythesystem(includinganoncompliancereport)indicatingthatapparenttamperingwiththesystemhasbeendetectedelectronically; or(b)analysed information generated by the
system.Current as at [Not applicable]Page
401
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(3)If
TCA has made a report of apparent or suspected tamperingto
the Regulator under section 438, TCA must not disclose toany
entity other than the Regulator the following—(a)information that the report has been
made;(b)information from which it could
reasonably be inferredthat TCA has made the report.Maximum penalty—$6000.(4)Subsection (1) or (3) does not apply if the
disclosure of theinformationtowhichthesubsectionappliesisauthorisedunder another
law.Part 7.6Powers, duties
and obligationsof intelligent access programauditors440Powers to collect and hold intelligent
access programinformationAnintelligentaccessprogramauditormaycollectandholdintelligentaccessprograminformationforconductinganintelligent access program audit.441Collecting intelligent access program
information(1)An intelligent access program auditor
must ensure, so far as isreasonablypracticable,intelligentaccessprograminformation the
auditor collects—(a)is necessary for the purpose for which
it is collected or adirectly related purpose; and(b)is not excessive for that purpose;
and(c)is accurate, complete and up to
date.Maximum penalty—$6000.(2)An
intelligent access program auditor must ensure, so far as isreasonablypracticable,thecollectionofintelligentaccessPage
402Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012Scheduleprograminformationbytheauditordoesnotintrudetoanunreasonable extent on the personal
privacy of any individualto whom the information
relates.Maximum penalty—$6000.Notauthorised—indicativeonly442Protecting intelligent access program
informationcollectedAn intelligent
access program auditor must ensure, so far as isreasonablypracticable,intelligentaccessinformationcollectedbytheauditorisprotectedagainstunauthorisedaccess,unauthoriseduse,misuse,loss,modificationorunauthorised disclosure.Maximum
penalty—$20000.443Making individuals aware of personal
information held(1)Ifaskedbyanindividualaboutwhomanintelligentaccessprogram auditor holds personal information,
the auditor must,within 28 days after receiving the request,
give the individualthe following information if the auditor can
reasonably givethe information—(a)thekindofinformationtheauditorholdsabouttheindividual;(b)the
purpose for which the information is held;(c)the
entities to whom the information may be disclosed;(d)that,underthisChapter,theindividualhasrightsofaccesstotheinformationortohavetheinformationchangedtoensureitisaccurate,completeanduptodate;(e)howtherightsmentionedinparagraph(d)canbeexercised.Maximum
penalty—$6000.(2)Subsection (1) does not require an
intelligent access programauditor to inform an individual that a
report under section 422,423, 438, 451 or 452 exists or has
been made.Current as at [Not applicable]Page
403
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule444Giving individuals access to their personal
information(1)Anintelligentaccessprogramauditormust,ifaskedbyanindividualaboutwhomtheauditorholdspersonalinformation,
give the individual access to the information assoon
as practicable and without cost.Maximum
penalty—$6000.(2)Subsection (1) does not require an
intelligent access programauditor to give an individual access
to a report made undersection 422, 423, 438, 451 or
452.445Correcting errors etc.(1)This section applies if an individual
about whom an intelligentaccessprogramauditorholdspersonalinformationaskstheauditortomakeaparticularchangetothepersonalinformation.(2)The
intelligent access program auditor must make the changeif
the auditor is satisfied the change is appropriate to ensurethe
personal information is accurate, complete and up to date.Maximum penalty—$6000.(3)Iftheintelligentaccessprogramauditorisnotsatisfiedasmentioned in subsection (2), the
auditor may refuse to complywith the
request.(4)If, under subsection (3), an
intelligent access program auditorrefusestocomplywithanindividual’srequest,theauditormust—(a)give the individual a notice
stating—(i)the auditor’s reasons for refusing;
and(ii)that the
individual may ask the auditor to attach toorincludewiththepersonalinformationtheindividual’s request or a record of it;
and(b)if asked by the individual, attach to
or include with thepersonalinformationtherequestorarecordoftherequest.Maximum
penalty—$6000.Page 404Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012Schedule446General restriction on use and
disclosure of intelligentaccess program informationAn
intelligent access program auditor must not use or discloseintelligent access program information other
than as requiredor authorised under this Law or another
law.Maximum penalty—$20000.Notauthorised—indicativeonly447Powers to use and disclose intelligent
access programinformation(1)An
intelligent access program auditor may use and discloseintelligent access program information
for—(a)conducting an intelligent access
program audit; or(b)reporting, to TCA, any of the
following—(i)arelevantcontraventionforanintelligentaccessprogram vehicle;(ii)tamperingorsuspectedtamperingwithanapprovedintelligenttransportsystembyanoperator of an intelligent access
program vehicle;(iii)tamperingorsuspectedtamperingwithanapprovedintelligenttransportsystembyanintelligent access program service
provider;(iv)a failure by an
intelligent access program serviceprovidertocomplywiththeserviceprovider’sobligations
under this Chapter.(2)An intelligent access program auditor
may disclose intelligentaccess program information to the
Regulator if the auditor isreasonablysatisfiedtheinformationisrelevanttotheRegulator’s functions under this
Law.(3)An intelligent access program auditor
may disclose intelligentaccessprograminformationtoTCAiftheauditorisreasonablysatisfiedtheinformationisrelevanttoTCA’sfunctions under
this Chapter.(4)An intelligent access program auditor
may disclose intelligentaccess program information relating to
a particular operator ofan intelligent access program vehicle
to the operator.Current as at [Not applicable]Page
405
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(5)An
intelligent access program auditor may use and discloseintelligentaccessprograminformationthatispersonalinformationwiththewrittenconsentoftheindividualtowhom
the personal information relates.(6)This
section is subject to section 453.448Restriction about intelligent access program
informationthat may be used or disclosedAn
intelligent access program auditor must not use or discloseintelligentaccessprograminformationunlesstheauditorisreasonably satisfied, having regard to the
purpose for whichthe information is to be used or disclosed,
the information isaccurate, complete and up to date.Maximum penalty—$6000.449Keeping record of use or disclosure of
intelligent accessprogram information(1)Ifanintelligentaccessprogramauditorusesordisclosesintelligentaccessprograminformation,theauditormust,within 7 days after the use or disclosure,
make a record of theuse or disclosure that—(a)containstheinformationmentionedinsubsection (2);and(b)is in a form that ensures the record
is readily accessibleby an authorised officer at the place
where it is kept.Maximum penalty—$6000.(2)The
record must contain the following information—(a)theintelligentaccessprogramauditor’snameor,ifsomeoneelseusedordisclosedtheintelligentaccessprogram information on behalf of the
auditor, the nameofthepersonwhousedordisclosedtheintelligentaccess program
information;(b)the date of the use or
disclosure;Page 406Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(c)for a use of intelligent access
program information by oron behalf of the auditor, a brief
description of how theinformation was used;(d)foradisclosureofintelligentaccessprograminformation by
or on behalf of the auditor, the entity towhom the
information was disclosed;(e)theprovisionofthisLaworanotherlawtheauditorbelieves
authorises the use or disclosure;(f)iftheuseordisclosureisauthorisedonlyunderaparticular document (including, for example,
a warrant,a certificate or a consent), a copy of the
document.Maximum penalty—$6000.(3)Anintelligentaccessprogramauditormustkeeparecordmade under this
section for at least 2 years.Maximum
penalty—$6000.450Destroying intelligent access program
information orremoving personal information from it(1)An intelligent access program auditor
must ensure, so far as isreasonably practicable, intelligent
access information held bytheauditorisdestroyedassoonaspracticableaftertheinformationisnolongerneededforanintelligentaccessprogram audit conducted by the
auditor.Maximum penalty—$6000.(2)Anintelligentaccessprogramauditoristakentohavecompliedwithsubsection
(1)forintelligentaccessprograminformation if
the auditor permanently removes anything bywhich an
individual can be identified from the information.451Reporting contraventions by
intelligent access programservice providers to TCAIfanintelligentaccessprogramauditorknows,orhasreasonable grounds to suspect, an
intelligent access programserviceproviderhascontravenedanobligationunderthisCurrent as at [Not applicable]Page
407
Heavy
Vehicle National Law Act 2012ScheduleChapter, the auditor must, as soon as
practicable, report thematter to TCA.Maximum
penalty—$6000.Notauthorised—indicativeonly452Reporting
tampering or suspected tampering withapproved
intelligent transport system to Regulator orTCAIfanintelligentaccessprogramauditorknows,orhasreasonablegroundstosuspect,anapprovedintelligenttransport system
has been tampered with, the auditor must, assoon as
practicable, report the matter—(a)for
tampering or suspected tampering by an operator ofan
intelligent access program vehicle—to the Regulator;or(b)for tampering or
suspected tampering by an intelligentaccess program
service provider—to TCA.Maximum penalty—$6000.453Restriction on disclosing information
about tampering orsuspected tampering with approved
intelligent transportsystem(1)Ifanintelligentaccessprogramauditorknows,orhasreasonablegroundstosuspect,anapprovedintelligenttransport system
has been tampered with, the auditor must notdisclose the
following to any entity other than the Regulator orTCA—(a)informationthattheauditorhasthatknowledgeorsuspicion;(b)information from which it could reasonably
be inferredthat the auditor has that knowledge or
suspicion.Maximum penalty—$6000.(2)If
an intelligent access program auditor has made a report totheRegulatororTCAundersection
452ofapparentorsuspectedtampering,theauditormustnotdisclosethefollowing to any entity other than the
Regulator or TCA—Page 408Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(a)information that the report has been
made;(b)information from which it could
reasonably be inferredthat the auditor has made the
report.Maximum penalty—$6000.(3)Subsection (1) or (2) does not apply if the
disclosure of theinformationtowhichthesubsectionappliesisauthorisedunder another
law.Part 7.7Other
provisions454Offence to tamper with approved
intelligent transportsystem(1)A
person commits an offence if—(a)thepersontamperswithanapprovedintelligenttransport
system; and(b)thepersondoessowiththeintentionofcausingthesystem to—(i)failtogenerate,record,store,display,analyse,transmitorreportintelligentaccessprograminformation;
or(ii)failtogenerate,record,store,display,analyse,transmitorreportintelligentaccessprograminformation
correctly.Maximum penalty—$10000.(2)A
person commits an offence if—(a)thepersontamperswithanapprovedintelligenttransport
system; and(b)the person is negligent or reckless as
to whether, as aresult of the tampering, the system
may—(i)failtogenerate,record,store,display,analyse,transmitorreportintelligentaccessprograminformation;
orCurrent as at [Not applicable]Page
409
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(ii)failtogenerate,record,store,display,analyse,transmitorreportintelligentaccessprograminformation
correctly.Maximum penalty—$8000.(3)In
this section—fail—(a)meansdoesnotperformasintendedinrelationtoaccuracy, timeliness, reliability,
verifiability or any otherperformance requirement or standard;
and(b)includesfailpermanently,failtemporarily,failonaparticular
occasion and fail in particular circumstances.455Regulator may issue intelligent access
programidentifiers(1)TheRegulatormayissueadistinguishingnumberforanintelligent
access program vehicle that indicates the vehicle isanintelligentaccessprogramvehicle(anintelligentaccessprogram identifier).(2)Theintelligentaccessprogramidentifiermayconsistofnumbers or letters or a combination of
numbers and letters.(3)Ifanintelligentaccessprogramidentifieris,orbecomes,known to an
entity that has the ability to associate it with aparticularindividual,theentitymusttreattheidentifieraspersonal information for the purposes of
this Chapter or a lawrelating to privacy.Page
410Current as at [Not applicable]
Chapter 8Heavy Vehicle
National Law Act 2012ScheduleAccreditationNotauthorised—indicativeonlyPart
8.1Preliminary456Purpose of Ch 8ThepurposeofaccreditationunderthisLawistoallowoperatorsofheavyvehicleswhoimplementmanagementsystems that
achieve the objectives of particular aspects of thisLaw
to be subject to alternative requirements under this Law,in
relation to the aspects, that are more suited to the
operators’business operations.457Definitions for Ch 8In this
Chapter—AFMfatiguemanagementsystem,foranoperatorofafatigue-regulatedheavyvehicle,meanstheoperator’smanagement
system for ensuring compliance with the AFMstandards and
business rules, including by—(a)recording the name, current driver licence
number andcontact details of each driver who is
currently operatingunder the operator’s AFM accreditation;
and(b)ensuring each of the drivers is in a
fit state—(i)to safely perform required duties;
and(ii)to meet any
specified medical requirements; and(c)ensuring each of the drivers—(i)has been inducted into the system;
and(ii)hasbeeninformedoftheAFMhoursapplyingunder the operator’s AFM accreditation;
and(d)ensuringanyoneemployedintheoperator’sbusiness,whohasresponsibilitiesrelatingtoschedulingormanaging the fatigue of the drivers—(i)has been inducted into the system;
andCurrent as at [Not applicable]Page
411
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyPage 412(ii)hasbeeninformedoftheAFMhoursapplyingunder the operator’s AFM
accreditation.AFM standards and business rulesmeans the standards andbusiness rules
for advanced fatigue management approved bythe responsible
Ministers.Note—A copy of the
AFM standards and business rules is published on theRegulator’s website.approved, by
the responsible Ministers, means approved bythe responsible
Ministers under section 654.approved
auditormeans an auditor of a class approved by
theresponsible Ministers.Note—DetailsoftheapprovedclassesarepublishedontheRegulator’swebsite.BFMfatiguemanagementsystem,foranoperatorofafatigue-regulatedheavyvehicle,meanstheoperator’smanagement
system for ensuring compliance with the BFMstandards and
business rules, including by—(a)recording the name, current driver licence
number andcontact details of each driver who is
currently operatingunder the operator’s BFM accreditation;
and(b)ensuring each of the drivers is in a
fit state—(i)to safely perform required duties;
and(ii)to meet any
specified medical requirements; and(c)ensuring each of the drivers—(i)has been inducted into the system;
and(ii)has been
informed of the BFM hours; and(d)ensuringanyoneemployedintheoperator’sbusiness,whohasresponsibilitiesrelatingtoschedulingormanaging the fatigue of the drivers—(i)has been inducted into the system;
and(ii)has been
informed of the BFM hours.Current as at [Not
applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012ScheduleBFM
standards and business rulesmeans the
standards andbusiness rules for basic fatigue management
approved by theresponsible Ministers.Note—A
copy of the BFM standards and business rules is published on
theRegulator’s website.maintenancemanagementstandardsandbusinessrulesmeansthestandardsandbusinessrulesforheavyvehiclemaintenancemanagementapprovedbytheresponsibleMinisters.Note—A
copy of the maintenance management standards and business rules
ispublished on the Regulator’s website.maintenance management system,
for an operator of a heavyvehicle,meanstheoperator’smanagementsystemforensuringcompliancewiththemaintenancemanagementstandards and
business rules, including by—(a)identifying each heavy vehicle currently
being operatedin accordance with the management system;
and(b)foreachheavyvehiclebeingoperatedinaccordancewith the
management system, having measures for thefollowing—(i)daily checks of the condition of the
vehicle, and itscomponents and equipment, for each day on
whichthe vehicle is driven on a road;(ii)recording and
reporting vehicle faults;(iii)identifying,
assessing and rectifying all identifiedfaults;(iv)periodic
maintenance of the vehicle; and(c)keepingrecordsrelatingtotheoperationofthemanagement system.mass management
standards and business rulesmeans thestandardsandbusinessrulesforheavyvehiclemassmanagement
approved by the responsible Ministers.Current as at [Not
applicable]Page 413
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyPage 414Note—Acopyofthemassmanagementstandardsandbusinessrulesispublished on the Regulator’s
website.mass management system, for an
operator of a heavy vehicle,meanstheoperator’smanagementsystemforensuringcompliancewiththemassmanagementstandardsandbusiness rules, including by—(a)identifying each heavy vehicle
currently being operatedin accordance with the management
system; and(b)foreachheavyvehiclebeingoperatedinaccordancewith the
management system, having measures for thefollowing—(i)weighing or otherwise assessing the weight
of thevehicleanditsloadbeforethevehiclestartsajourney, or starts a part of a
journey, after the loadis increased;(ii)recordingeachmeasurementmadeundersubparagraph (i)
in a form that allows the record tobe readily
available for inspection by an approvedauditor;(iii)ensuring the
vehicle’s suspension system accordswith the
specifications given by its manufacturer ora qualified
mechanical engineer; and(c)keepingrecordsrelatingtotheoperationofthemanagement
system.relevant management systemmeans—(a)formaintenancemanagementaccreditation—amaintenance
management system; or(b)formassmanagementaccreditation—amassmanagement system; or(c)forBFMaccreditation—aBFMfatiguemanagementsystem;
or(d)forAFMaccreditation—anAFMfatiguemanagementsystem.relevant standards and business rulesmeans—Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(a)formaintenancemanagementaccreditation—themaintenance
management standards and business rules;or(b)formassmanagementaccreditation—themassmanagement standards and business rules;
or(c)forBFMaccreditation—theBFMstandardsandbusiness rules; or(d)forAFMaccreditation—theAFMstandardsandbusiness rules.Part 8.2Grant of heavy vehicleaccreditation458Regulator’s power to grant heavy vehicle
accreditationThe Regulator may grant heavy vehicle
accreditation.459Application for heavy vehicle
accreditation(1)An operator of a heavy vehicle may
apply to the Regulator forheavy vehicle accreditation under this
Law.(2)The application must be—(a)in the approved form; and(b)accompanied by the following—(i)a statement by the applicant that the
applicant has arelevantmanagementsystemforensuringcompliancewiththerelevantstandardsandbusiness rules;(ii)astatementfromanapprovedauditorthattheauditorconsiderstheapplicant’srelevantmanagementsystemwillensurecompliancewiththe
relevant standards and business rules;(iii)any
other information required for the applicationunder the
relevant standards and business rules;Current as at [Not
applicable]Page 415
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(iv)the
prescribed fee for the application.(3)The
application must also be accompanied by a declarationby
the applicant, declared to be made after having exercisedreasonable diligence to find out the
following information, ofthe applicant’s knowledge of that
information—(a)whether,inthe5yearsimmediatelybeforetheapplication was made, the applicant or
an associate ofthe applicant has been convicted of any of
the followingoffences and, if so, details of the
conviction—(i)anoffenceagainstthisLaworapreviouscorresponding
law;(ii)anoffenceinvolvingfraudordishonestypunishableonconvictionbyimprisonmentof6monthsormore,whethercommittedinthisjurisdiction or
elsewhere;(b)whethertheapplicantoranassociateoftheapplicanthashadtheapplicant’sorassociate’saccreditationunderthisChapterorapreviouscorrespondinglaw,amended, suspended or cancelled under this
Chapter orthat law and, if so, details of the
amendment, suspensionor cancellation.(4)Subsection (3)(b)doesnotrequiretheapplicanttodeclareinformation
about an amendment, suspension or cancellationof an
accreditation that happened because of a conviction ifthe
operator is not required to declare the information aboutthe
conviction under subsection (3)(a).(5)The
Regulator may, by notice given to the applicant, requirethe
applicant—(a)togivetheRegulatoranyadditionalinformationtheRegulator reasonably requires to decide the
application;or(b)toverifybystatutorydeclarationanyinformationrelating to the
application given to the Regulator.Page 416Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule460Obtaining criminal history information
about applicant(1)TheRegulatormay,bynotice,askanapplicantforheavyvehicle
accreditation under this Law for written consent fortheRegulatortoobtaintheapplicant’sprescribedcriminalhistory.(2)Iftheapplicantdoesnotconsent,orwithdrawshisorherconsent, to the
Regulator obtaining the applicant’s prescribedcriminalhistory,theapplicationistakentohavebeenwithdrawn.(3)IftheapplicantgiveswrittenconsenttotheRegulatorobtainingtheapplicant’sprescribedcriminalhistory,theRegulator may ask a police commissioner for
a written reportabout the applicant’s prescribed criminal
history.(4)The request may include the
following—(a)the applicant’s name and any other
name the Regulatorbelieves the applicant may use or may have
used;(b)theapplicant’sdateandplaceofbirth,genderandaddress.(5)The
police commissioner must give the requested report to theRegulator.(6)In
this section—prescribed criminal history, of
an applicant for heavy vehicleaccreditation
under this Law, means information about eachconvictionoftheapplicant,withinthe5yearsimmediatelybefore the
application was made, of—(a)an offence
against this Law or a previous correspondinglaw; or(b)an offence involving fraud or
dishonesty punishable onconvictionbyimprisonmentof6monthsormore,whether
committed in this jurisdiction or elsewhere.461Restriction on grant of heavy vehicle
accreditation(1)TheRegulatormaygrantanapplicantheavyvehicleaccreditation
only if the Regulator is satisfied—Current as at [Not
applicable]Page 417
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(a)the
applicant has in place a relevant management systemfor
operations to be carried out under the accreditation;and(b)theapplicantisabletocomplywiththisLaw,havingregard
to—(i)theinformationprovidedtotheRegulatorunderthis Part;
and(ii)thematterstowhichtheRegulatormayormusthave regard
under subsection (4); and(c)theapplicantisasuitablepersontobegrantedtheaccreditation, having regard
to—(i)theinformationprovidedtotheRegulatorunderthis Part;
and(ii)thematterstowhichtheRegulatormayormusthave regard
under subsection (4); and(d)for AFM
accreditation—(i)the driver fatigue management
practices stated inthe applicant’s AFM fatigue management
system,togetherwiththemaximumworktimesandminimumresttimesthataretoapplytodriversoperatingundertheaccreditationwould,ifcompliedwith,safelymanagetheriskofdriverfatigue;
and(ii)theapplicantanddriversoperatingundertheaccreditation are likely to follow the
driver fatiguemanagement practices consistently and
effectively;and(iii)thedriversoperatingundertheaccreditationarelikelytocomplywiththemaximumworktimesandminimumresttimesthataretoapplytothedrivers under
the accreditation.(2)In considering the maximum work times
and minimum resttimesthataretoapplytodriversoperatingunderanAFMaccreditation, the Regulator—Page
418Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(a)mustbesatisfiedthemaximumworktimesandminimumresttimesappeartoprovideasafebalancebetweenwork,rest,riskmanagementandfatiguecountermeasures;
and(b)mustnotsetmaximumworktimesandminimumresttimes the Regulator considers would be
unsafe, havingregardtotheapplicant’sAFMfatiguemanagementsystem and any
relevant body of fatigue knowledge.(3)TheRegulatormaygrantanAFMaccreditationsettingmaximum work times and minimum rest times
different to themaximum work times and minimum rest times
sought by theapplicant.(4)In
deciding an application for a heavy vehicle accreditation,the
Regulator—(a)mayhaveregardtoanythingtheRegulatorconsidersrelevant including—(i)theresultsofanyauditscarriedoutontheapplicant’s relevant management system;
and(ii)forassessinganapplicant’sAFMfatiguemanagement
system—any relevant body of fatigueknowledge;
and(b)must have regard to the approved
guidelines for grantingheavy vehicle accreditations under
this Law.462Conditions of heavy vehicle
accreditation(1)AheavyvehicleaccreditationgrantedunderthisLawissubjecttotheconditionthattheoperatorwhoholdstheaccreditationmustcomplywiththerelevantstandardsandbusiness rules.(2)A
heavy vehicle accreditation granted under this Law may besubjecttoanyotherconditionstheRegulatorconsidersappropriate, including, for example—(a)a condition that a named person can
not operate underthe operator’s accreditation for a stated
period; andCurrent as at [Not applicable]Page
419
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)a
condition that a named employee or associate of theoperator can not be involved in the
operator’s relevantmanagement system at all or for a stated
period; and(c)a condition requiring additional
records to be kept, andaudits to be performed, to ensure
practices (for example,driver fatigue management practices)
applying under theaccreditation are followed consistently and
effectively.463Period for which heavy vehicle
accreditation applies(1)A heavy vehicle
accreditation granted under this Law appliesfortheperiodstatedintheaccreditationcertificatefortheaccreditation.(2)The
period may be less than the period sought by the applicantfor
the heavy vehicle accreditation.(3)ThemaximumperiodforwhichtheRegulatormaygrantheavy vehicle
accreditation is 3 years.464Accreditation
certificate for heavy vehicle accreditationetc.(1)IftheRegulatorgrantsaheavyvehicleaccreditationunderthis
Law to an operator of a heavy vehicle, the Regulator mustgive
the operator—(a)an accreditation certificate in the
approved form; and(b)ifprescribedcircumstancesapplytothegrantoftheaccreditation—an
information notice for the prescribedcircumstances.(2)An
accreditation certificate for a heavy vehicle accreditationmust
state the following—(a)thenameoftheoperatorwhohasbeengrantedtheaccreditation;(b)the
number identifying the accreditation;(c)anyconditionsimposedontheaccreditationbytheRegulator;Page 420Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(d)for an AFM accreditation, the maximum
work times andminimumresttimesthatapplytodriversoffatigue-regulatedheavyvehiclesoperatingundertheaccreditation;(e)the
period for which the accreditation applies.(3)In
this section—prescribed circumstances, for a heavy
vehicle accreditation,means the Regulator has—(a)imposedaconditionontheaccreditationthatwasnotsought by the
applicant for the accreditation; or(b)grantedtheaccreditationforaperiodlessthantheperiod of not more than 3 years sought by
the applicantfor the accreditation; or(c)for AFM accreditation, granted the AFM
accreditationsetting maximum work times and minimum rest
timesdifferent to the maximum work times and
minimum resttimes sought by the applicant for the
accreditation.465Refusal of application for heavy
vehicle accreditationIftheRegulatorrefusesanapplicationforheavyvehicleaccreditation,theRegulatormustgivetheapplicantaninformation notice for the decision to
refuse the application.466Accreditation
labels for maintenance managementaccreditation and
mass management accreditation(1)IftheRegulatorgrantsmaintenancemanagementaccreditationormassmanagementaccreditationtoanoperatorofaheavyvehicle,theRegulatormustgivetheoperatoranaccreditationlabelforeachrelevantvehicleforthe
accreditation.(2)Iftheoperatoramendstherelevantmanagementsystemtoidentify a new relevant vehicle for
the accreditation—(a)the operator may ask the Regulator for
an accreditationlabel for the new relevant vehicle;
andCurrent as at [Not applicable]Page
421
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)theRegulatormustgivetheaccreditationlabeltotheoperator.(2A)The operator
must attach the accreditation label for a relevantvehicle to the vehicle in a way that the
label—(a)is readable from outside the vehicle;
and(b)is not wholly or partly obscured,
defaced or otherwisenot legible.Maximum
penalty—$3000.(2B)Apersonmustnotdrivearelevantvehicleifthevehicle’saccreditation label—(a)is
not attached to the vehicle; or(b)isattachedtothevehicleinawaythatthelabeliswhollyorpartlyobscured,defacedorotherwisenotlegible.Maximum
penalty—$3000.(3)In this section—accreditation
label, for a relevant vehicle for a
maintenancemanagement accreditation or mass management
accreditation,means a label stating the number identifying
the accreditationfor attaching to the vehicle.relevant vehicle, for a
maintenance management accreditationor mass
management accreditation, means a vehicle identifiedintherelevantmanagementsystemascurrentlybeingoperated in accordance with the management
system.Part 8.3Operating under
heavy vehicleaccreditation467Compliance with conditions of BFM
accreditation or AFMaccreditationThe holder of a
BFM accreditation or AFM accreditation mustcomply with the
conditions of the accreditation.Maximum
penalty—$6000.Page 422Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule468Driver operating under BFM
accreditation or AFMaccreditation must carry accreditation
details(1)The driver of a heavy vehicle who is
operating under a BFMaccreditation or AFM accreditation
must keep in the driver’spossession—(a)acopyoftheaccreditationcertificatefortheaccreditation; and(b)a
document, signed by the operator of the vehicle whoholds the accreditation, stating that the
driver—(i)isoperatingundertheoperator’sBFMaccreditation or AFM accreditation;
and(ii)hasbeeninductedintotheoperator’srelevantmanagement system; and(iii)meetstherequirementsrelatingtodriversoperating under
the operator’s BFM accreditationor AFM
accreditation (if any); and(c)foradriveroperatingunderAFMaccreditation,adocumentstatingtheAFMhoursapplyingundertheaccreditation.Example for the
purposes of paragraph (c)—The driver records a statement of the
AFM hours applying undertheAFMaccreditationinthedriver’selectronicworkdiary(which is a
document).Maximum penalty—$3000.(2)Subsection (1) applies even if the driver
and operator are thesame person.(3)The
operator of the vehicle must ensure the driver complieswithsubsection(1),unlesstheoperatorhasareasonableexcuse.Maximum penalty—$3000.469Driver must return particular documents if
stopsoperating under BFM accreditation or AFM
accreditationetc.(1)This
section applies if—Current as at [Not applicable]Page
423
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(a)the
driver of a heavy vehicle is operating under a BFMaccreditation or AFM accreditation;
and(b)the operator of the heavy vehicle has
given the driver adocument for the purposes of section 468(1);
and(c)the driver—(i)stopsoperatingundertheoperator’sBFMaccreditation or AFM accreditation;
or(ii)nolongermeetstherequirementsrelatingtodriversoperatingundertheoperator’sBFMaccreditation or AFM accreditation (if
any).(2)The driver must return the document to
the operator as soon asreasonably practicable.Maximum penalty—$4000.470General requirements applying to operator
with heavyvehicle accreditation(1)Thissectionappliestoanoperatorofaheavyvehiclewhoholds a heavy vehicle
accreditation.(2)IftheaccreditationisBFMaccreditationorAFMaccreditation,theoperatormustensureeachdriverwhooperates under the accreditation—(a)isinductedintotheoperator’srelevantmanagementsystem;
and(b)at all times, meets the requirements
relating to driversoperating under the accreditation (if
any).Maximum penalty—$6000.(3)If
the accreditation is AFM accreditation, the operator mustalso
ensure each driver who operates under the accreditation isinformed of the AFM hours applying under the
accreditation.Maximum penalty—$6000.(4)The
operator must keep—(a)theaccreditationcertificatefortheoperator’sheavyvehicle accreditation; andPage
424Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)iftheoperator’sheavyvehicleaccreditationisBFMaccreditation or AFM
accreditation—(i)acurrentlistofdriversoperatingundertheoperator’s accreditation; and(ii)recordsdemonstratingtheoperatorhascompliedwith—(A)if the operator’s heavy vehicle
accreditationis BFM accreditation—subsection (2);
or(B)if the operator’s heavy vehicle
accreditationisAFMaccreditation—subsections (2)and(3); and(c)iftheoperator’sheavyvehicleaccreditationismassmanagement
accreditation or maintenance managementaccreditation—a
current list of heavy vehicles to whichthe operator’s
accreditation relates.Maximum penalty—$6000.(5)The operator must keep a document
required to be kept undersubsection (4) for the following
period—(a)foranaccreditationcertificate—whiletheoperator’sheavy vehicle
accreditation is current;(b)for each list or
record made under subsection (4)(b) or(c)—at least 3
years after the list or record is made.Maximum
penalty—$6000.(6)The operator must keep a document
required to be kept undersubsection (4) in a way that ensures
it is—(a)readily accessible by an authorised
officer at the placewhere the document is kept; and(b)reasonablycapableofbeingunderstoodbytheauthorised officer; and(c)capable of being used as
evidence.Maximum penalty—$3000.Current as at [Not
applicable]Page 425
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(7)The
Regulator may, by notice, require the operator to give theRegulator,intheformandwithinthetimerequiredbytheRegulator—(a)acopyofthelistmentionedinsubsection (4)(b)(i)or(c); and(b)details of any change to the list.(8)Theoperatormustcomplywitharequirementmadeundersubsection (7),
unless the operator has a reasonable excuse.Maximum
penalty—$3000.(9)Subsections (4) to (6) do not apply in
relation to—(a)an accreditation certificate given to
the Regulator undersection 472 or 476, unless the Regulator has
returned itorgiventheoperatorareplacementaccreditationcertificate;
or(b)anaccreditationcertificatethathasbeendefaced,destroyed, lost or stolen, unless the
Regulator has giventhe operator a replacement accreditation
certificate.Note—See section 477
for the requirement to apply to the Regulator for areplacement accreditation certificate for a
defaced, destroyed, lost orstolen
accreditation certificate.471Operator must
give notice of amendment, suspension orending of heavy
vehicle accreditation(1)This section
applies if—(a)anoperatorofaheavyvehicleholdsaheavyvehicleaccreditation; and(b)theaccreditationisamendedorsuspended,ortheoperator ceases to hold the
accreditation.(2)The operator must as soon as
practicable after the amendment,suspensionorcessationhappensgivenoticeoftheamendment,suspensionorcessationtoanydriverof,orschedulerfor,aheavyvehiclewhomaybeaffectedbytheamendment, suspension or
cessation.Page 426Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleMaximum penalty—$6000.(3)Ifthedriverofaheavyvehicleisgivenanoticeundersubsection (2),thedrivermust,assoonasreasonablypracticable,
return to the operator any document relevant tothe notice given
to the driver by the operator for the purposesof section
468(1).Maximum penalty—$4000.Notauthorised—indicativeonlyPart
8.4Amendment or cancellation ofheavy vehicle accreditation472Amendment or cancellation of heavy
vehicleaccreditation on application(1)ApersonmayapplytotheRegulatorforanamendmentorcancellationoftheperson’sheavyvehicleaccreditationgranted under
this Law.(2)The application must—(a)be in writing; and(b)beaccompaniedbytheprescribedfeefortheapplication;
and(c)if the application is for an
amendment—state clearly theamendment sought
and the reasons for the amendment;and(d)be accompanied by the accreditation
certificate for theaccreditation.(3)The
Regulator may, by notice given to the applicant, requirethe
applicant to give the Regulator any additional informationthe
Regulator reasonably requires to decide the application.(4)TheRegulatormustdecidetheapplicationassoonaspracticable after receiving it.(5)If the Regulator decides to grant the
application—(a)theRegulatormustgivetheapplicantnoticeofthedecision;
andCurrent as at [Not applicable]Page
427
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)the
amendment or cancellation takes effect—(i)whennoticeofthedecisionisgiventotheapplicant; or(ii)ifalatertimeisstatedinthenotice,atthelatertime; and(c)iftheRegulatoramendedtheaccreditation,theRegulatormustgivetheapplicantareplacementaccreditationcertificatefortheaccreditationasamended.(6)IftheRegulatordecidesnottoamendorcanceltheaccreditation as sought by the applicant,
the Regulator must—(a)give the applicant an information
notice for the decision;and(b)return the accreditation certificate to the
applicant.473Amendment, suspension or cancellation
of heavy vehicleaccreditation on Regulator’s
initiative(1)Each of the following is a ground for
amending, suspending orcancellingaheavyvehicleaccreditationgrantedunderthisLaw—(a)the
accreditation was granted because of a document orrepresentation that was—(i)false or misleading; or(ii)obtained or made in an improper way;(b)theholderoftheaccreditationhascontravenedacondition of the accreditation;(c)theholderoftheaccreditation,oranassociateoftheholder, has been convicted of—(i)anoffenceagainstthisLaworapreviouscorresponding
law; or(ii)anoffenceinvolvingfraudordishonestypunishableonconvictionbyimprisonmentof6monthsormore,whethercommittedinthisjurisdiction or
elsewhere;Page 428Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(d)sincetheaccreditationwasgranted,therehasbeenachangeinthecircumstancesthatwererelevanttotheRegulator’s
decision to grant the accreditation and, hadthechangedcircumstancesexistedwhentheaccreditation was granted, the Regulator
would not havegrantedtheaccreditation,orwouldhavegrantedtheaccreditationsubjecttoconditionsordifferentconditions;(e)foramaintenancemanagementaccreditationormassmanagement
accreditation—(i)public safety has been endangered, or
is likely tobe endangered, because of the accreditation;
or(ii)road
infrastructure has been damaged, or is likelyto be damaged,
because of the accreditation;(f)for
a BFM accreditation or AFM accreditation—publicsafetyhasbeenendangered,orislikelytobeendangered, because of the
accreditation;(g)theRegulatorconsidersitnecessaryinthepublicinterest.(2)If the Regulator considers a ground
exists to amend, suspendor cancel a heavy vehicle
accreditation granted under this Law(theproposed action), the Regulator
must give the holder ofthe accreditation a notice—(a)stating the proposed action;
and(b)stating the ground for the proposed
action; and(c)outlining the facts and circumstances
forming the basisfor the ground; and(d)iftheproposedactionistoamendtheaccreditation(including a
condition of the accreditation)—stating theproposed
amendment; and(e)if the proposed action is to suspend
the accreditation—stating the proposed suspension period;
and(f)inviting the holder to make, within a
stated time of atleast14daysafterthenoticeisgiventotheholder,Current as at [Not
applicable]Page 429
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedulewrittenrepresentationsabout whytheproposedactionshould not be taken.(3)If,afterconsideringallwrittenrepresentationsmadeundersubsection
(2)(f), the Regulator still considers a ground existsto
take the proposed action, the Regulator may—(a)if
the proposed action was to amend the accreditation—amendtheaccreditation,including,forexample,byimposing additional conditions on the
accreditation, in away that is not substantially different from
the proposedaction; or(b)iftheproposedactionwastosuspendtheaccreditation—suspendtheaccreditationfornolongerthan the period
stated in the notice; or(c)if the proposed
action was to cancel the accreditation—(i)amendtheaccreditation,including,forexample,byimposingadditionalconditionsontheaccreditation; or(ii)suspend the accreditation for a period;
or(iii)cancel the
accreditation.(4)The Regulator must give the holder an
information notice forthe decision.(5)The
decision takes effect—(a)when the
information notice is given to the holder; or(b)if a
later time is stated in the information notice, at thelater time.474Immediate suspension of heavy vehicle
accreditation(1)This section applies if the Regulator
considers—(a)agroundexiststosuspendorcancelaheavyvehicleaccreditation granted under this Law;
and(b)it is necessary to suspend the
accreditation immediatelyto prevent or minimise serious harm to
public safety.Page 430Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(2)The Regulator may, by notice given to
the holder, immediatelysuspendtheheavyvehicleaccreditationuntiltheearliestofthe
following—(a)theRegulatorgivestheholderaninformationnoticeunder section 473(4) and the decision takes
effect undersection 473(5);(b)the
Regulator cancels the suspension;(c)the
end of 56 days after the day the notice is given to theholder.(3)This
section applies despite sections 472 and 473.475Minor
amendment of heavy vehicle accreditationThe Regulator
may, by notice given to the holder of a heavyvehicleaccreditationgrantedunderthisLaw,amendtheaccreditation in a minor
respect—(a)for a formal or clerical reason;
or(b)inanotherwaythatdoesnotadverselyaffecttheholder’s interests.Part
8.5Other provisions about heavyvehicle accreditations476Return of accreditation certificate(1)Ifaperson’sheavyvehicleaccreditationgrantedunderthisLaw
is amended, suspended or cancelled, the Regulator may,bynotice,requirethepersontoreturntheperson’saccreditation
certificate to the Regulator.(2)The
person must comply with the notice within 7 days afterthe
notice is given to the person or, if a longer period is
statedin the notice, within the longer
period.Maximum penalty—$6000.Current as at [Not
applicable]Page 431
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(3)Iftheheavyvehicleaccreditationhasbeenamended,theRegulatormustgivethepersonareplacementaccreditationcertificate for
the accreditation as amended.(4)Iftheheavyvehicleaccreditationhasbeensuspended,theRegulator must give the person the
accreditation certificate fortheaccreditationor,iftheaccreditationhasalsobeenamended,areplacementaccreditationcertificatefortheaccreditationasamended,assoonaspracticableafterthesuspension ends.477Replacement of defaced etc. accreditation
certificate(1)Ifaperson’saccreditationcertificateforaheavyvehicleaccreditationgrantedunderthisLawisdefaced,destroyed,lostorstolen,thepersonmust,assoonasreasonablypracticable
after becoming aware of the matter, apply to theRegulator for a replacement accreditation
certificate.Maximum penalty—$4000.Note—See
section 470 for the requirement to keep an accreditation
certificatefor a heavy vehicle accreditation while the
accreditation is current.(2)IftheRegulatorissatisfiedtheaccreditationcertificatehasbeendefaced,destroyed,lostorstolen,theRegulatormustgive
the person a replacement accreditation certificate as soonas
practicable.(3)If the Regulator decides not to give
the person a replacementaccreditation certificate, the
Regulator must give the person aninformation
notice for the decision.478Offences relating
to auditors(1)Apersonmustnotfalselyrepresentthatthepersonisanapproved auditor.Maximum
penalty—$10000.(2)An approved auditor must not falsely
represent that the personis an auditor of a particular approved
class.Maximum penalty—$10000.Page 432Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(3)An approved auditor must not falsely
represent that the personhas audited an operator’s relevant
management system.Maximum penalty—$10000.(4)Apersonmustnotfalselyrepresenttheopinionofanapprovedauditorinrelationtoanoperator’srelevantmanagement system.Maximum
penalty—$10000.(5)In this section—approvedclassmeansaclassofauditorsapprovedbytheresponsible
Ministers under section 654.Chapter 9EnforcementPart 9.1General matters aboutauthorised
officersDivision 1Functions479Functions of authorised
officersAn authorised officer has the following
functions under thisLaw—(a)to
monitor, investigate and enforce compliance with thisLaw;(b)to
monitor or investigate whether an occasion has arisenfor
the exercise of powers under this Law;(c)to
facilitate the exercise of powers under this Law.Current as at [Not applicable]Page
433
Heavy
Vehicle National Law Act 2012ScheduleDivision 2AppointmentNotauthorised—indicativeonly480Application of
Div 2This Division does not apply to an
authorised officer who is apolice
officer.481Appointment and qualifications(1)TheRegulatormay,byinstrument,appointanyofthefollowing individuals as an authorised
officer for the purposesof this Law—(a)an
individual who is—(i)a member of the staff of the
Regulator; or(ii)a person whose
services are being used under anarrangement
under section 685; or(iii)aconsultantorcontractorengagedbytheRegulator under
section 686;(b)an employee of the State;(c)an employee of a local government
authority;(d)anindividualofaclassprescribedbythenationalregulations.(2)However, the Regulator may appoint a person
as an authorisedofficer only if the Regulator is satisfied
the person is qualifiedforappointmentbecausethepersonhasthenecessaryexpertise or
experience.482Appointment conditions and limit on
powers(1)Anauthorisedofficerholdsofficeonanyconditionsstatedin—(a)the officer’s
instrument of appointment; or(b)a
notice signed by the Regulator given to the officer; or(c)the national regulations.Page
434Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(2)The instrument of appointment, a
signed notice given to theauthorisedofficer,orthenationalregulationsmaylimittheofficer’s powers.483When
office ends(1)The office of a person as an
authorised officer ends if any ofthe following
happens—(a)the term of office stated in a
condition of office ends;(b)under another
condition of office, the office ends;(c)the
officer’s resignation under section 484 takes effect.(2)Subsection (1) does not limit the ways
an authorised officermay cease to hold office.(3)In this section—conditionofofficemeansaconditionunderwhichtheauthorised officer holds office.484Resignation(1)An
authorised officer may resign by signed notice given to theRegulator.(2)However,ifholdingofficeasanauthorisedofficerisacondition of the
officer holding another office, the officer maynot resign as an
authorised officer without resigning from theother
office.Division 3Identity
cards485Application of Div 3This
Division does not apply to an authorised officer who is apolice officer.Current as at [Not
applicable]Page 435
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule486Issue
of identity card(1)The Regulator must issue an identity
card to each authorisedofficer.(2)The
identity card must—(a)contain a recent photo of the
authorised officer; and(b)contain a copy
of the authorised officer’s signature; and(c)identifythepersonasanauthorisedofficerforthepurposes of this
Law; and(d)statetheidentificationnumberallocatedtotheauthorised officer; and(e)state an expiry date for the
card.(3)ThissectiondoesnotpreventtheissueofasingleidentitycardtoapersonforthepurposesofthisLawandotherpurposes.487Production or display of identity
card(1)In exercising a power in relation to a
person in the person’spresence, an authorised officer
must—(a)producetheofficer’sidentitycardfortheperson’sinspection
before exercising the power; or(b)have
the identity card displayed so it is clearly visible tothe
person when exercising the power.(2)However, if it is not practicable to comply
with subsection (1),the authorised officer must produce
the identity card for theperson’s inspection at the first
reasonable opportunity.(3)For the purposes
of subsection (1), an authorised officer doesnot exercise a
power in relation to a person only because theofficer has
entered a place as mentioned in section 495(1)(b)or
497(1)(b) or (d).Note—Sections 505 and
510 include provisions requiring the production ofidentification by an authorised officer in
circumstances mentioned inthose sections.Page 436Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule488Return of identity cardIftheofficeofapersonasanauthorisedofficerends,theperson must return the person’s identity
card to the Regulatorwithin 21 days after the office ends
unless the person has areasonable excuse.Maximum
penalty—$4000.Division 4Miscellaneous
provisions489References to exercise of
powersIf—(a)aprovisionofthisChapterreferstotheexerciseofapower by an authorised officer;
and(b)there is no reference to a specific
power;thereferenceistotheexerciseofalloranyauthorisedofficers’ powers
under this Chapter or a warrant, to the extentthe powers are
relevant.490Reference to document includes
reference toreproduction from electronic documentA
reference in this Chapter to a document includes a referenceto
an image or writing—(a)produced from an
electronic document; or(b)notyetproduced,butreasonablycapableofbeingproduced from an
electronic document, with or withoutthe aid of
another article or device.Note—See the
definition document in section 12 of Schedule 1.491Use of force against persons(1)This Chapter does not
authorise—Current as at [Not applicable]Page
437
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(a)an
authorised officer (or a person assisting or otherwiseacting under the direction or authority of
an authorisedofficer) to use force against a person in
the exercise orpurported exercise of a function under this
Chapter; or(b)withoutlimitingparagraph(a),awarranttobeissuedunderthisChapterauthorisingapersontouseforceagainst a
person.(2)However, subsection (1) does not
affect the powers of a policeofficer to the
extent (if any) the police officer is authorised touse
force against a person under the Application Act of thisjurisdiction.(3)ThissectionhaseffectdespiteanyotherprovisionofthisChapter in
relation to the use of force against a person, even ifthe
other provision is expressed as authorising the use of forcefor
the purposes of the provision.492Use
of force against property(1)A power to use
force against property under another section ofthis Chapter in
the exercise or purported exercise of a functioninrelationtothisjurisdictioncannotbeexercisedbyanauthorised officer (or a person
assisting or otherwise actingunderthedirectionorauthorityoftheauthorisedofficer)unless—(a)the
authorised officer is a police officer; or(b)theexerciseofthepowertouseforceisauthorisedunder the
Application Act of this jurisdiction.(2)Subsection (1)—(a)haseffectdespiteanyothersectionofthisChapterinrelation to the use of force against
property, even if theother section is expressed as
authorising the use of forcefor the purposes
of the section; but(b)does not affect any prohibition or
restriction on a powerto use force set out in the other
section.(3)Subsections (1) and (2) apply to a
power to use force againstproperty whether the power is express
or implied.Page 438Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(4)Despitesubsections
(1)to(3)andanyothersectionofthisChapter,thisChapterdoesnotprecludetheinclusionofadditionalcircumstancesintheApplicationActofthisjurisdiction in
which an authorised officer, whether or not apolice officer,
may use force against property in the exerciseorpurportedexerciseofafunctionunderthisChapterinrelation to this jurisdiction.493Exercise of functions in relation to
light vehicles(1)This Chapter does not authorise the
exercise of any functionunder this Chapter in relation to a
vehicle that is not a heavyvehicle.(2)However, a function under this Chapter
may be exercised inrelation to—(a)a
pilot vehicle or escort vehicle; or(b)avehicletotheextent(ifany)thatitisreasonablynecessary for
the purpose of determining if the vehicle isor is not a
heavy vehicle.Part 9.2Powers in
relation to placesDivision 1Preliminary494Definitions for Pt 9.2(1)In
this Part—place of business, of a
responsible person for a heavy vehicle,means a
place—(a)at or from which the person carries on
a business; or(b)occupiedbythepersoninconnectionwithabusinesscarried on by
the person; or(c)that is the registered office of the
person if the person isa body corporate.Current as at [Not
applicable]Page 439
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedulerelevant
placemeans—(a)a
place of business of a responsible person for a heavyvehicle; or(b)the
relevant garage address of a heavy vehicle; or(c)the
base of the driver or drivers of a heavy vehicle; or(d)a place where records required to be
kept under this Laworaheavyvehicleaccreditationarelocatedorarerequired to be located under this Law
or a heavy vehicleaccreditation.residence,
that is a relevant place, means a place or part of aplacementionedinthedefinitionrelevantplaceusedpredominantly for residential
purposes.(2)For the purposes of this Part, a place
or part of a place is takennottobeusedforresidentialpurposesmerelybecausetemporaryorcasualsleepingorotheraccommodationisprovided there for drivers of heavy
vehicles.Division 2Entry of
relevant places formonitoring purposes495Power
to enter relevant place(1)An authorised
officer may, for monitoring purposes, enter arelevant place
if—(a)an occupier of the place consents
under Division 4 to theentryandsection 503hasbeencompliedwithfortheoccupier; or(b)the
place is not a residence and is—(i)open
for carrying on a business; or(ii)otherwise open for entry; or(iii)required to be
open for inspection under this Law.(2)If
the power to enter arose only because an occupier of theplaceconsentedtotheentry,thepowerissubjecttoanyPage 440Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Scheduleconditionsoftheconsentandceasesiftheconsentiswithdrawn.(3)Subsection (1)(b)doesnotauthoriseanauthorisedofficer,without the occupier’s consent or a warrant,
to enter a relevantplace that is unattended, unless the officer
reasonably believesthe place is attended.(4)If
an authorised officer enters a place reasonably believing
theplace is attended, the officer must leave
the place immediatelyafter finding the place is or appears
to be unattended.(5)Anauthorisedofficermayopenunlockeddoorsandotherunlocked panels
and things at a place for gaining entry to theplace under
subsection (1).(6)Thissectiondoesnotauthorise anauthorisedofficertouseforce for
exercising a power under this section.496General powers after entering relevant
place(1)IfanauthorisedofficerentersarelevantplaceunderthisDivision, the officer may, for monitoring
purposes, do any ofthe following (each ageneral
power)—(a)inspect any part
of the place or a vehicle at the place;(b)inspect a relevant document at the
place;(c)copy, or take an extract from, a
relevant document at theplace;(d)produceanimageorwritingattheplacefromanelectronic relevant document at the
place or, if it is notpracticable to produce the image or
writing at the place,take a thing containing the electronic
relevant documentto another place to produce the image or
writing;(e)look for, and inspect, a relevant
device at the place;(f)takeanextractfromarelevantdeviceattheplace,including, for example—(i)by
taking a copy of, or an extract from, a readout orother data obtained from the device;
orCurrent as at [Not applicable]Page
441
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(ii)byaccessinganddownloadinginformationfromthe
device;(g)exerciseapowerinrelationtoaheavyvehicleattheplacethattheauthorisedofficermayexerciseundersection 520;(h)taketo,intoorontotheplaceanduseanypersons,equipment, materials, vehicles or other
things the officerreasonably requires for exercising the
officer’s powersunder this section.(2)The
authorised officer may take a necessary step to allow theexercise of a general power, including, for
example—(a)open an unlocked door or an unlocked
panel or thing atthe place; and(b)move
but not take away anything that is not locked up orsealed.(3)Forexercisingapowerundersubsection (1)(c)or(f),theauthorisedofficermayusephotocopyingequipmentattheplace free of
charge.Note—See also
sections 543 and 544 for use of particular equipment at aplace, or in a vehicle, entered under this
Chapter.(4)Iftheauthorisedofficertakesfromtheplaceathingcontaininganelectronicrelevantdocumenttoproduceanimageorwritingfromthedocument,theimageorwritingmust be
produced, and the thing must be returned to the place,as
soon as practicable.(5)However,iftheauthorisedofficerenteredtheplaceundersection 495(1)(a), the officer’s powers
under this section aresubject to the conditions of the
consent.(6)Thissectiondoesnotauthorise anauthorisedofficertouseforce for
exercising a power under this section.(7)In
this section—electronic relevant documentmeans a relevant document thatis
an electronic document.Page 442Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedulerelevant devicemeans a device
relating to a heavy vehicle andrequired to be
installed, used or maintained under this Law ora heavy vehicle
accreditation.Example of a device that may be a relevant
device—a weighing, measuring, recording or
monitoring devicerelevantdocumentmeansadocumentrelatingtoaheavyvehicleandrequiredtobekeptunderthisLaworaheavyvehicle accreditation.Division 3Entry of places for investigationpurposes497General power to enter places(1)An authorised officer may, for
investigation purposes, enter aplace if—(a)an occupier of the place consents
under Division 4 to theentryandsection 503hasbeencompliedwithfortheoccupier; or(b)it
is a public place and the entry is made when it is opento
the public; or(c)the entry is authorised under a
warrant and, if there is anoccupierattheplace,section 510hasbeencompliedwith
for the occupier; or(d)it is a relevant
place other than a residence and is—(i)open
for carrying on a business; or(ii)otherwise open for entry; or(iii)required to be
open for inspection under this Law;or(e)the entry is authorised under section
498 or 499.(2)The authorised officer may exercise
powers under this sectionat the place even if entry to the
place was originally effectedunder Division 2
for monitoring purposes.Current as at [Not applicable]Page
443
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(3)If
the power to enter arose only because an occupier of theplaceconsentedtotheentry,thepowerissubjecttoanyconditionsoftheconsentandceasesiftheconsentiswithdrawn.(4)If
the power to enter is under a warrant—(a)the
authorised officer may use force that is reasonablynecessary for gaining entry to the place;
and(b)the power to enter is subject to the
terms of the warrant.(5)Subsection
(1)(d)doesnotauthoriseanauthorisedofficer,without the occupier’s consent or a warrant,
to enter—(a)a place that is unattended, unless the
officer reasonablybelieves the place is attended; or(b)aplace,orpartofaplace,usedpredominantlyforresidential purposes.(6)If
an authorised officer enters a place reasonably believing
theplace is attended, the officer must leave
the place immediatelyafter finding the place is or appears
to be unattended.(7)Anauthorisedofficermayopenunlockeddoorsandotherunlocked panels
and things at a place for gaining entry to theplace under
subsection (1).(8)Thissectiondoesnotauthorise anauthorisedofficertouseforceforexercisingapowerunderthissectionunlessthepower is exercised under a warrant.498Power to enter a place if evidence
suspected to be at theplace(1)Thissectionappliesifanauthorisedofficerreasonablybelieves
that—(a)either—(i)a
heavy vehicle is or has been at a place; or(ii)transport documentation or journey
documentationis at a place; andPage 444Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)there may be at the place evidence of
an offence againstthis Law that may be concealed or destroyed
unless theplace is immediately entered and
searched.(2)The authorised officer may enter the
place if it is—(a)open for carrying on a business;
or(b)otherwise open for entry; or(c)required to be open for inspection
under this Law.(3)Subsection (2)doesnotauthoriseanauthorisedofficertoenter—(a)a
place that is unattended, unless the officer reasonablybelieves the place is attended; or(b)aplace,orpartofaplace,usedpredominantlyforresidential purposes.(4)If
an authorised officer enters a place reasonably believing
theplace is attended, the officer must leave
the place immediatelyafter finding the place is or appears
to be unattended.(5)Anauthorisedofficermayopenunlockeddoorsandotherunlocked panels
and things at a place for gaining entry to theplace under
subsection (2).(6)Anauthorisedofficermayuseforcethatisreasonablynecessaryforgainingentrytoaplacementionedinsubsection (2)(c).(7)Thissectiondoesnotauthorise anauthorisedofficertouseforce for
exercising a power under this section other than asprovided by subsection (6).499Power to enter particular places if
incident involvingdeath, injury or damage(1)Anauthorisedofficer,withoutanoccupier’sconsentorawarrant, may
enter a place at any time if the officer reasonablybelieves—(a)an
incident involving the death of, or injury to, a personor
damage to property involves or may have involved aheavy vehicle; andCurrent as at [Not
applicable]Page 445
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(b)the incident may
have involved an offence against thisLaw; and(c)there is a connection between the
place and the heavyvehicle; and(d)theremaybeattheplaceevidenceoftheoffencementionedinparagraph(b)thatmaybeconcealedordestroyedunlesstheplaceisimmediatelyenteredandsearched.(2)Forthepurposesofsubsection (1),thereisaconnectionbetween a place
and a heavy vehicle if—(a)the place is the
vehicle’s garage address or, if the vehicleis a
combination, the garage address of a heavy vehiclein
the combination; or(b)thevehicleis,orwithinthepast72hourshasbeen,located at the
place; or(c)the place is, or may be, otherwise
directly or indirectlyconnected with the vehicle or any part
of its equipmentor load.(3)This
section does not authorise an authorised officer to enter aplaceinrelationtoanincidentthatinvolvesthedeath,orinjuryto,apersonunlesstheauthorisedofficerisapoliceofficer.(4)This
section does not authorise an authorised officer, withoutthe
occupier’s consent or a warrant, to enter—(a)a
place that is unattended, unless the officer reasonablybelieves the place is attended; or(b)aplace,orpartofaplace,usedpredominantlyforresidential purposes.(5)If
an authorised officer enters a place without the occupier’sconsentorawarrant,reasonablybelievingtheplaceisattended, the officer must leave the place
immediately afterfinding the place is or appears to be
unattended.(6)Anauthorisedofficermayopenunlockeddoorsandotherunlocked panels
and things at a place for gaining entry to theplace under
subsection (1).Page 446Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(7)Thissectiondoesnotauthorise anauthorisedofficertouseforce for
exercising a power under this section.500General powers after entering a place(1)Ifanauthorisedofficerentersaplaceundersection 497(1),theofficermay,forinvestigationpurposes,doanyofthefollowing (each ageneral
power)—(a)searchanypartoftheplaceoravehicleattheplace,including—(i)searching any part of the place or a vehicle
at theplace for evidence of an offence against
this Law;and(ii)searching any
part of the place or a vehicle at theplace for a
document, device or other thing relatingto a heavy
vehicle or any part of its equipment orload;(b)inspect,examineorfilmanypartoftheplaceoranything at the place;(c)take
a thing, or a sample of or from a thing, at the placefor
examination;(d)place an identifying mark in or on
anything at the place;(e)take an extract
from a document, device or other thing atthe place,
including, for example—(i)by taking a copy
of, or an extract from, a readout orother data
obtained from a device or other thing atthe place;
or(ii)by accessing and
downloading information from adevice or other
thing at the place;Example of device or other thing—an
intelligent transport system(f)copy
a document at the place, or take a document at theplace to another place to copy it;Current as at [Not applicable]Page
447
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012ScheduleExamplesofdocumentsforthepurposesofparagraphs(e)and(f)—•a
document required to be kept at the place under this Lawor a
heavy vehicle accreditation•transport documentation•journey documentation•adocumenttheauthorisedofficerreasonablybelievesprovides, or may provide on further
inspection, evidence ofan offence against this Law(g)produceanimageorwritingattheplacefromanelectronicdocumentattheplaceor,ifitisnotpracticable to
produce the image or writing at the place,takeathingcontainingtheelectronicdocumenttoanother place to produce the image or
writing;(h)exerciseapowerinrelationtoaheavyvehicleattheplace that the
authorised officer may exercise under Part9.3;(i)taketo,intoorontotheplaceanduseanypersons,equipment, materials, vehicles or other
things the officerreasonably requires for exercising the
officer’s powersunder this section.Note—The
term ‘public place’ is defined in section 5 as a place or part of
aplace—(a)that
the public is entitled to use, is open to members of the
publicor is used by the public, whether or not on
payment of money; or(b)theoccupierofwhichallowsmembersofthepublictoenter,whether or not
on payment of money.Accordingly, the term ‘public place’
does not include an office area oran area behind a
reception counter, unless the public have access to thearea
as provided in the definition.(2)The
authorised officer may take a necessary step to allow theexercise of a general power, including, for
example—(a)open an unlocked door or an unlocked
panel or thing atthe place; and(b)move
anything that is not locked up or sealed; andPage 448Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(c)iftheauthorisedofficerenteredtheplaceundersection 497(1)(c),usetheforcethatisreasonablynecessary for
the exercise of the power.(3)If an authorised
officer takes, or authorises another person totake,athingorsampleforexaminationundersubsection (1)(c), the officer must—(a)give a receipt for the thing or sample
to—(i)the person in possession of the thing
or sample orthe thing from which the sample was taken;
or(ii)the person in
charge of the place from which thething or sample
was taken; and(b)attheendof6monthsafterthethingorsamplewastaken, return it to the person who appears
to be an ownerofit,apersontowhomareceiptwasgivenunderparagraph (a) for it, or a person in charge
of the placefrom which it was taken, unless the thing or
sample—(i)has been seized under section 549;
or(ii)does not have
any intrinsic value.Note—Seesection 561forwhathappensifathingorsamplecannotbereturned to its
owner or the owner can not be found.(4)However, if for any reason it is not
practicable to comply withsubsection (3)(a), the authorised
officer must leave the receiptattheplaceinaconspicuouspositionandinareasonablysecure
way.(5)For exercising a power under
subsection (1)(f), the authorisedofficer may use
photocopying equipment at the place free ofcharge.Note—See also
sections 543 and 544 for use of particular equipment at aplace, or in a vehicle, entered under this
Chapter.(6)If the authorised officer takes a
document from the place tocopyit,thedocumentmustbecopiedandreturnedtotheplace as soon as practicable.Current as at [Not applicable]Page
449
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(7)Iftheauthorisedofficertakesfromtheplaceathingcontaininganelectronicdocumenttoproduceanimageorwritingfromthedocument,theimageorwritingmustbeproduced, and the thing must be
returned to the place, as soonas
practicable.(8)However—(a)iftheauthorisedofficerenteredtheplaceundersection 497(1)(a), the officer’s powers
under this sectionare subject to the conditions of the
consent; and(b)iftheauthorisedofficerenteredtheplaceundersection 497(1)(c), the officer’s powers
under this sectionare subject to the terms of the
warrant.(9)Withoutlimitingsection 497(2),theauthorisedofficermayexercise powers under this section at
the place even if entry totheplacewasoriginallyeffectedunderDivision2formonitoring
purposes.(10)Thepowertosearchunderthissectiondoesnotincludeapower to search a person.Division 4Procedure for
entry by consent501Application of Div 4This
Division applies if an authorised officer intends to ask anoccupierofaplaceforconsenttotheofficeroranotherauthorised
officer entering the place under section 495(1)(a)or
497(1)(a).502Incidental entry to ask for
access(1)Forthepurposeofaskingtheoccupierfortheconsent,theauthorisedofficermay,withouttheoccupier’sconsentorawarrant—(a)enterlandaroundabuildingorotherstructureattheplacetoanextentthatisreasonabletocontacttheoccupier; orPage 450Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)enterpartoftheplacetheofficerreasonablybelievesmembersofthepublicordinarilyareallowedtoenterwhen they wish
to contact the occupier.(2)The authorised
officer must not enter land or a part of a placeunder subsection (1) if the officer knows or
ought reasonablyto know the place is unattended.(3)If the authorised officer enters land
or a part of a place undersubsection (1),theofficermustleaveitimmediatelyafterfinding the place is or appears to be
unattended.503Matters authorised officer must tell
occupierBefore asking for the consent, the
authorised officer must giveareasonableexplanationtotheoccupieraboutthefollowing—(a)the
purpose of the entry;(b)that the
occupier is not required to consent;(c)that
the consent may be given subject to conditions andmay
be withdrawn at any time;(d)any other powers
intended to be exercised to achieve thepurpose of the
entry.504Consent acknowledgement(1)Iftheconsentisgiven,theauthorisedofficermayasktheoccupier to sign an acknowledgement of the
consent.(2)The acknowledgement must state—(a)the purpose of the entry, including
the powers intendedto be exercised to achieve the purpose of
the entry; and(b)that the following have been explained
to the occupier—(i)thepurposeoftheentry,includingthepowersintended to be
exercised to achieve the purpose ofthe
entry;(ii)that the
occupier is not required to consent; andCurrent as at [Not
applicable]Page 451
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(c)that
the occupier gives the authorised officer consent toenter the place and exercise the powers;
and(d)the time and day the consent was
given; and(e)any conditions of the consent.(3)Iftheoccupiersignstheacknowledgement,theauthorisedofficer must
immediately give a copy to the occupier.(4)However, if it is impractical for the
authorised officer to givethe occupier a copy of the
acknowledgement immediately, theofficer must
give the copy as soon as practicable.(5)Iftheacknowledgmentstatessomebutnotallthepowersexercised or
intended to be exercised to achieve the purpose ofthe
entry—(a)theacknowledgmentisnotnecessarilyinvalidmerelybecause of the
omission; but(b)if an issue arises in a proceeding
about the validity of theacknowledgment—the court has a
discretion to decide iftheacknowledgmentisinvalidonthegroundthattheexerciseofthepowerwasofsuchsignificanceintheparticularcircumstancesastohavewarranteditsinclusion in the
acknowledgment.(6)If—(a)anissuearisesinaproceedingaboutwhethertheoccupier consented to the entry; and(b)an acknowledgement complying with
subsection (2) forthe entry is not produced in
evidence;the onus of proof is on the person relying
on the lawfulness ofthe entry to prove the occupier
consented.505Procedure for entry with
consent(1)This section applies if an authorised
officer is intending to askthe occupier for
consent to enter a place under this Division(otherwise than
under section 502).Page 452Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(2)Before asking for consent, the
authorised officer must identifyhimself or
herself to a person who is an occupier of the placeand
is present by producing—(a)foranauthorisedofficerwhoisapoliceofficer—anidentity card or
other document evidencing the officer’sappointment as a
police officer; or(b)for an authorised officer who is not a
police officer—theidentitycardissuedtotheofficerunderthisLaworanother document evidencing the
officer’s appointmentas an authorised officer.(3)Subsection (2)(a) does not apply to a
police officer in uniform.Division 5Entry under
warrant506Application for warrant(1)Anauthorisedofficermayapplytoanauthorisedwarrantofficial for a warrant for a place.(2)Theauthorisedofficermustprepareawrittenapplicationstating the
grounds on which the warrant is sought.(3)The
written application must be sworn.(4)Theauthorisedwarrantofficialmayrefusetoconsidertheapplication until the authorised officer
gives the official all theinformation the official requires
about the application in theway the official
requires.Example—Theauthorisedwarrantofficialmayrequireadditionalinformationsupporting the
written application to be given by statutory declaration.507Issue of warrant(1)The
authorised warrant official may issue the warrant for theplaceonlyiftheofficialissatisfiedtherearereasonablegrounds for
suspecting there is at the place, or will be at theplace within the next 72 hours, a particular
thing or activitythat may provide evidence of an offence
against this Law.Current as at [Not applicable]Page
453
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(2)The
warrant must state the following—(a)the
place to which the warrant applies;(b)that
a stated authorised officer or any authorised officermay,
with necessary and reasonable help and force—(i)enter the place and any other place
necessary forentry to the place; and(ii)exercise the authorised officer’s
powers;(c)particularsoftheoffencethattheauthorisedwarrantofficial considers appropriate in the
circumstances;(d)the name of the person suspected of
having committedtheoffenceunlessthenameisunknownortheauthorised warrant official considers
it inappropriate tostate the name;(e)the
evidence that may be seized under the warrant;(f)thehoursofthedayornightwhentheplacemaybeentered;(g)the
authorised warrant official’s name;(h)the
date and time of the warrant’s issue;(i)theday,within14daysafterthewarrant’sissue,thewarrant ends.508Application by electronic communication and
duplicatewarrant(1)Anapplicationundersection 506maybemadebyradio,telephone, fax,
email, video conferencing or another form ofelectronic
communication if the authorised officer reasonablybelieves it necessary because of—(a)urgent circumstances; or(b)other special circumstances,
including, for example, theofficer’s remote
location.(2)The application—(a)may
not be made before the authorised officer preparesthe
written application under section 506(2); butPage 454Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(b)may be made before the written
application is sworn.(3)Theauthorisedwarrantofficialmayissuethewarrant(theoriginal warrant) only if the
official is satisfied—(a)itwasnecessarytomaketheapplicationundersubsection (1); and(b)the
way the application was made under subsection (1)was
appropriate.(4)Aftertheauthorisedwarrantofficialissuestheoriginalwarrant—(a)if there is a reasonably practicable
way of immediatelygiving a copy of the warrant to the
authorised officer, forexample, by sending a copy by fax or
email, the officialmustimmediatelygiveacopyofthewarranttotheofficer; or(b)otherwise—(i)theofficialmusttelltheauthorisedofficertheinformation mentioned in section
507(2); and(ii)theauthorisedofficermustcompleteaformofwarrant, including by writing on it the
informationmentionedinsection 507(2)providedbytheofficial.(5)The copy of the warrant mentioned in
subsection (4)(a), or theform of warrant completed under
subsection (4)(b) (in eithercase theduplicate warrant), is a
duplicate of, and as effectualas, the original
warrant.(6)Theauthorisedofficermust,atthefirstreasonableopportunity,
send to the authorised warrant official—(a)thewrittenapplicationcomplyingwithsection
506(2)and (3); and(b)iftheofficercompletedaformofwarrantundersubsection (4)(b)—the completed form of
warrant.(7)The authorised warrant official must
keep the original warrantand, on receiving the documents under
subsection (6)—(a)attach the documents to the original
warrant; andCurrent as at [Not applicable]Page
455
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)file
the original warrant and documents in the relevantcourt.(8)Despite subsection (5), if—(a)anissuearisesinaproceedingaboutwhetheranexercise of a power was authorised by a
warrant issuedunder this section; and(b)the
original warrant is not produced in evidence;the onus of
proof is on the person relying on the lawfulness ofthe
exercise of the power to prove a warrant authorised theexercise of the power.(9)This
section does not limit section 506.509Defect in relation to a warrant(1)A warrant is not invalidated by a
defect in—(a)the warrant; or(b)compliance with this Division;unlessthedefectaffectsthesubstanceofthewarrantinamaterial particular.(2)In this section—warrantincludesaduplicatewarrantmentionedinsection 508(5).510Procedure for entry under warrant(1)Thissectionappliesifanauthorisedofficerisintendingtoenter a place under a warrant issued under
this Division.(2)Before entering the place, the
authorised officer must do ormake a
reasonable attempt to do the following things—(a)identifyhimselforherselftoapersonwhoisanoccupier of the
place and is present by producing—(i)for
an authorised officer who is a police officer—an identity card
or other document evidencing theofficer’s
appointment as a police officer; orPage 456Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(ii)foranauthorisedofficerwhoisnotapoliceofficer—theidentitycardissuedtotheofficerunderthisLaworanotherdocumentevidencingthe officer’s
appointment as an authorised officer;(b)give
the person a copy of the warrant;(c)tell
the person the officer is permitted by the warrant toenter the place;(d)givethepersonanopportunitytoallowtheofficerimmediate entry
to the place without using force.(3)However,theauthorisedofficerneednotcomplywithsubsection (2) if the officer reasonably
believes that entry tothe place is required to ensure the
execution of the warrant isnot
frustrated.(4)Subsection (2)(a)(i)doesnotapplytoapoliceofficerinuniform.(5)In
this section—warrantincludesaduplicatewarrantmentionedinsection 508(5).Part 9.3Powers in relation to heavyvehiclesDivision 1Preliminary511Application of Pt 9.3UnlessotherwisestatedinthisPart,thisPartappliestoaheavy vehicle—(a)on a
road; or(b)in or at a public place; or(c)in or at a place owned or occupied by
a road authority orby another public authority; orCurrent as at [Not applicable]Page
457
Heavy
Vehicle National Law Act 2012Schedule(d)in or at a place entered by an
authorised officer underPart 9.2.Notauthorised—indicativeonly512Persons who are
drivers for this PartInthisPart,areferencetothedriverofaheavyvehicleincludes a reference to a person in, on or
in the vicinity of thevehiclewhomanauthorisedofficerpresentatthescenereasonably
believes is the vehicle’s driver.Division 2Stopping, not moving or notinterfering with heavy vehicle etc.513Direction to stop heavy vehicle to
enable exercise ofother powers(1)To
enable an authorised officer to exercise a power under thisLaw,
the officer may direct the driver of a heavy vehicle tostop
the vehicle.Example—An authorised
officer may direct the driver of a heavy vehicle to stopthe
vehicle so that the authorised officer can enter and inspect it
undersection 520 or enter and search it under
section 521.(2)Thedirectionmaybegivenorallyorinanyotherway,including, for
example, by way of a sign or electronic or othersignal.(3)The
direction may require the heavy vehicle to be—(a)stopped immediately; or(b)stopped at a place indicated by the
authorised officer asthe nearest place for it to be safely
stopped.(4)A person given a direction under
subsection (1) must complywith the direction, unless the person
has a reasonable excuse.Maximum penalty—$6000.(5)When the heavy vehicle stops, the
authorised officer must assoon as practicable produce for the
inspection of the vehicle’sdriver—Page
458Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(a)foranauthorisedofficerwhoisapoliceofficer—anidentity card or
other document evidencing the officer’sappointment as a
police officer; or(b)for an authorised officer who is not a
police officer—theidentitycardissuedtotheofficerunderthisLaworanother document evidencing the
officer’s appointmentas an authorised officer.(6)Subsection (5)(a) does not apply to a
police officer in uniform.(7)In this
section—stopaheavyvehiclemeanstostopthevehicleandkeepitstationary.514Direction not to move or interfere with
heavy vehicle etc.to enable exercise of other powers(1)To enable an authorised officer to
exercise a power under thisLaw, the officer
may direct the driver of a heavy vehicle orany other person
not to—(a)move the vehicle; or(b)interfere with the vehicle or any
equipment in it; or(c)interfere with the vehicle’s
load.(2)Thedirectionmaybegivenorallyorinanyotherway,including, for
example, by way of a sign or electronic or othersignal.(3)A
person given a direction under subsection (1) must complywith
the direction, unless the person has a reasonable excuse.Maximum penalty—$6000.Division 3Moving heavy vehicle515Definition for Div 3In this
Division—unattended, for a heavy
vehicle, means—Current as at [Not applicable]Page
459
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(a)there is no-one in or near the vehicle who
appears to beits driver; or(b)there is a person in or near the vehicle who
appears to beits driver but the person is—(i)unwilling,ornotqualifiedorfit,todrivethevehicle; or(ii)notauthorisedbytheoperatorofthevehicletodrive it; or(iii)subject to a direction under section
524.516Direction to move heavy vehicle to
enable exercise ofother powers(1)To
enable an authorised officer to exercise a power under thisLaw,
the officer may direct the driver or operator of a heavyvehiclethatisstationaryorhasbeenstoppedundersection 513 to
move the vehicle, or cause it to be moved, to astated
reasonable place within a 30km radius from—(a)where the vehicle was stationary or stopped;
or(b)if the direction is given within the
course of the vehicle’sjourney—anypointalongtheforwardrouteofthejourney.Example—An authorised
officer may direct the driver of a heavy vehicle to movethe
vehicle onto a weighing or testing device.(2)Thedirectionmaybemadeorallyorinanyotherway,including, for example—(a)for
a direction given to the driver of a heavy vehicle—byway
of a sign or electronic or other signal; or(b)for
a direction given to the operator of a heavy vehicle—by
radio, telephone, fax or email.(3)A
person given a direction under subsection (1) must complywith
the direction, unless the person has a reasonable excuse.Maximum penalty—$6000.Page 460Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(4)Withoutlimitingwhatmaybeareasonableexcuseforthepurposesofsubsection (3),inaproceedingforanoffenceagainst the
subsection, it is a defence for the person charged toprove that—(a)it
was not possible to move the heavy vehicle because itwas
broken down; and(b)the breakdown happened for a physical
reason beyondthe person’s control; and(c)the breakdown could not be readily
rectified in a waythatwouldenablethedirectiontobecompliedwithwithin a reasonable time.517Direction to move heavy vehicle if
causing harm etc.(1)Thissectionappliesifanauthorisedofficerreasonablybelieves a
stationary heavy vehicle is—(a)causing,orcreatingariskof,seriousharmtopublicsafety, the
environment or road infrastructure; or(b)obstructing traffic or likely to obstruct
traffic.(2)The authorised officer may direct the
driver or operator of theheavy vehicle to do either or both of
the following—(a)move the vehicle, or cause it to be
moved, to the extentnecessary to avoid the harm or
obstruction;(b)do,orcausetobedone,anythingelsetheofficerreasonably
requires to avoid the harm or obstruction.(3)Thedirectionmaybemadeorallyorinanyotherway,including, for example—(a)for
a direction given to the driver of a heavy vehicle—byway
of a sign or electronic or other signal; or(b)for
a direction given to the operator of a heavy vehicle—by
radio, telephone, fax or email.(4)A
person given a direction under subsection (2) must complywith
the direction, unless the person has a reasonable excuse.Maximum penalty—$6000.Current as at [Not
applicable]Page 461
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(5)Withoutlimitingwhatmaybeareasonableexcuseforthepurposesofsubsection (4),inaproceedingforanoffenceagainst the
subsection, it is a defence for the person charged toprove that—(a)it
was not possible to move the heavy vehicle because itwas
broken down; and(b)the breakdown happened for a physical
reason beyondthe person’s control; and(c)the breakdown could not be readily
rectified in a waythatwouldenablethedirectiontobecompliedwithwithin a reasonable time.518Moving unattended heavy vehicle on
road to exerciseanother power(1)This
section applies if an authorised officer—(a)reasonablybelievesaheavyvehicleonaroadisunattended; and(b)intends to exercise a power under this Law
in relation tothe heavy vehicle; and(c)reasonablybelievesitisnecessarytomovetheheavyvehicle to
enable the exercise of the power.(2)To
the extent reasonably necessary to enable the exercise ofthe
power, the authorised officer—(a)may
move the heavy vehicle; or(b)authorisesomeoneelse(theassistant)tomovetheheavy vehicle.Example—by
driving, pushing or towing the heavy vehicle(3)The
authorised officer or assistant may enter the heavy vehicleto
enable the authorised officer or assistant to move it.(4)Despite subsection (2), the authorised
officer—(a)mayonlydrivetheheavyvehicleiftheofficerisqualified and fit to drive it;
andPage 462Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)mayonlyauthorisetheassistanttodrivetheheavyvehicle if the
assistant is qualified and fit to drive it.(5)It
is immaterial that—(a)the assistant is not the operator of
the heavy vehicle; or(b)theauthorisedofficeror
assistantisnotauthorisedbythe
operator to drive the heavy vehicle.(6)The
authorised officer or assistant may—(a)openunlockeddoorsandotherunlockedpanelsandthings in the heavy vehicle; and(b)use the force that is reasonably
necessary to—(i)gain access to the heavy vehicle, its
engine or othermechanical components to enable it to be
moved;or(ii)enable the heavy
vehicle to be towed.(7)The authorised
officer must exercise reasonable diligence toensure the
driver or operator is notified that the vehicle hasbeen
moved and the place to which it has been moved.(8)Thenotificationmaybegivenorallyorinanyotherway,including, for example, by radio, telephone,
fax or email.519Moving unattended heavy vehicle on
road if causingharm etc.(1)Thissectionappliesifanauthorisedofficerreasonablybelieves—(a)a heavy vehicle on a road is
unattended; and(b)the heavy vehicle is—(i)causing,orcreatinganimminentriskof,seriousharmtopublicsafety,theenvironmentorroadinfrastructure;
or(ii)obstructing
traffic or likely to obstruct traffic.(2)The
authorised officer may move or authorise someone else(theassistant)tomovetheheavyvehicleor,ifitisacombination, any
component vehicle of the combination, toCurrent as at [Not
applicable]Page 463
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Scheduletheextentitisreasonablynecessarytoavoidtheharmorobstruction.Example—by
driving, pushing or towing the vehicle(3)The
authorised officer or assistant may—(a)enter the heavy vehicle to enable the
authorised officeror assistant to move it; and(b)for a combination—separate any or all
of the componentvehicles of the combination for the purpose
of moving 1or more of them.(4)The
authorised officer or assistant may drive the heavy vehicleeven
if the officer or assistant is not qualified to drive it if
theauthorised officer reasonably believes there
is no-one else inor near the vehicle who is more capable of
driving it and fitand willing to drive it.(5)It
is immaterial that—(a)the assistant is not the operator of
the heavy vehicle; or(b)theauthorisedofficeror
assistantisnotauthorisedbythe
operator to drive the heavy vehicle.(6)Indrivingtheheavyvehicleundersubsection
(4),theauthorised officer or assistant is
exempt from a provision of anAustralian road
law to the extent the provision would requirethe authorised
officer or assistant to be qualified to drive thevehicle.(7)The
authorised officer or assistant may use the force that isreasonablynecessarytodoanythingthatisreasonablynecessary to
avoid the harm or obstruction.Page 464Current as at [Not applicable]
Notauthorised—indicativeonlyDivision 4Heavy Vehicle
National Law Act 2012ScheduleInspecting and
searching heavyvehicles520Power
to enter and inspect heavy vehicles for monitoringpurposes(1)An
authorised officer may enter and inspect a heavy vehiclefor
monitoring purposes.(2)Without limiting
subsection (1), the authorised officer may—(a)inspect, examine or film any part of the
heavy vehicle orany part of its equipment or load;
and(b)withoutlimitingparagraph(a),lookfor,checkthedetailsof,orfilmaregistrationitem,labelorotherthingrequiredtobedisplayedontheheavyvehicleunder an Australian road law; and(c)inspect a relevant document in the
heavy vehicle; and(d)copy, or take an extract from, a
relevant document in theheavy vehicle; and(e)produce an image or writing in or near the
vehicle froman electronic relevant document in the
vehicle or, if it isnotpracticabletoproducetheimageorwritinginornear the vehicle, take a thing
containing the electronicrelevant document somewhere else to
produce the imageor writing; and(f)take
an extract of relevant information from a device orotherthingfoundintheheavyvehicle,including,forexample—(i)by
taking a copy of, or an extract from, a readout orother data obtained from the device or other
thing;or(ii)byaccessinganddownloadingrelevantinformation from the device or other
thing.Example of device or other thing—an
intelligent transport systemCurrent as at [Not
applicable]Page 465
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(3)The
authorised officer may take a necessary step to allow theexercise of a power under subsection (1) or
(2), including, forexample—(a)open
an unlocked door or an unlocked panel or thing onthe
heavy vehicle; and(b)move but not take away anything that
is not locked up orsealed.(4)However, this section does not authorise an
authorised officerto use force for exercising a power under
this section.(5)If the authorised officer takes from
the heavy vehicle a thingcontaininganelectronicrelevantdocumenttoproduceanimageorwritingfromthedocument,theimageorwritingmustbeproduced,andthethingmustbereturnedtothevehicle, as soon as
practicable.(6)In this section—electronic
relevant documentmeans a relevant document thatis
an electronic document.relevantdocumentmeansadocumentrelatingtoaheavyvehicleandrequiredtobekeptunderthisLaworaheavyvehicleaccreditation,including,forexample,adocumentrequired to be
kept in the possession of the driver of a heavyvehicle.relevant informationmeans
information relating to a heavyvehicle required
to be kept under this Law or a heavy vehicleaccreditation.521Power
to enter and search heavy vehicle involved, orsuspected to be
involved, in an offence etc.(1)Anauthorisedofficermay,usingnecessaryandreasonablehelpandforce,enterandsearchaheavyvehicleforinvestigation purposes if the officer
reasonably believes—(a)thevehicleisbeing,orhasbeen,usedtocommitanoffence against this Law; orPage
466Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)thevehicle,orathinginthevehicle,mayprovideevidence of an
offence against this Law that is being, orhas been,
committed; or(c)the vehicle has been or may have been
involved in anincident involving the death of, or injury
to, a person ordamage to property.(2)The
authorised officer may form the necessary belief—(a)during or after an inspection of the
heavy vehicle underPart 9.2 or section 520; or(b)independentlyofaninspectionoftheheavyvehicleunder Part 9.2 or section 520.(3)Without limiting subsection (1), the
authorised officer may—(a)search any part
of the heavy vehicle or any part of itsequipmentorloadforevidenceofanoffenceagainstthis
Law; and(b)inspect, examine or film any part of
the heavy vehicle orany part of its equipment or load;
and(c)withoutlimitingparagraph(b),lookfor,checkthedetailsof,orfilmaregistrationitem,labelorotherthingrequiredtobedisplayedontheheavyvehicleunder an Australian road law; and(d)search for and inspect a document,
device or other thingin the heavy vehicle; and(e)take an extract from a document,
device or other thing inthe heavy vehicle, including, for
example—(i)by taking a copy of, or an extract
from, a readout orother data obtained from a device or other
thing inthe vehicle; or(ii)by
accessing and downloading information from adevice or other
thing in the vehicle; andExample of device or other
thing—an intelligent transport systemCurrent as at [Not applicable]Page
467
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(f)copyadocumentintheheavyvehicle,ortakeadocument in the heavy vehicle somewhere else
to copyit; andExamplesofdocumentsforthepurposesofparagraphs(e)and(f)—•a
document required to be kept in the vehicle under this Lawor a
heavy vehicle accreditation•transport documentation•journey documentation•adocumenttheauthorisedofficerreasonablybelievesprovides, or may provide on further
inspection, evidence ofan offence against this Law(g)produce an image or writing in or near
the vehicle fromanelectronicdocumentinthevehicleor,ifitisnotpracticable to
produce the image or writing in or nearthevehicle,takeathingcontainingtheelectronicdocumentsomewhereelsetoproducetheimageorwriting; and(h)takethepersons,equipmentormaterialstheofficerreasonably
requires into or onto the heavy vehicle.(4)Iftheauthorisedofficertakesadocumentfromtheheavyvehicle to copy
it, the document must be copied and returnedto the vehicle
as soon as practicable.(5)If the
authorised officer takes from the heavy vehicle a thingcontaininganelectronicdocumenttoproduceanimageorwritingfromthedocument,theimageorwritingmustbeproduced,andthethingmustbereturnedtothevehicle,assoon
as practicable.(6)Thissectiondoesnotauthoriseanauthorisedofficertoexercise a power under this section in
relation to an incidentthatinvolvesthedeathof,orinjuryto,apersonunlesstheauthorisedofficerisapoliceofficerorisactingunderthedirection of a police officer.(7)Thepowertosearchunderthissectiondoesnotincludeapower to search a person.Page
468Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule522Power to order presentation of heavy
vehicles forinspection(1)Anauthorisedofficermay,bynoticeundersubsection (2),requiretobeproducedforinspectionataplaceandtimestated in the
notice, a heavy vehicle—(a)thattheofficerreasonablybelieveshaswithinthepreceding 60 days been used or will be used
on a road ifthe officer reasonably believes that—(i)the driver of the vehicle has not
complied with thisLaw in driving a heavy vehicle of that kind;
or(ii)the vehicle does
not comply with this Law; or(iii)the
vehicle is a defective heavy vehicle as definedin section 525;
or(b)withoutlimitingparagraph(a),forthepurposeofdeciding if a vehicle defect notice
for the vehicle can becleared under section 530.(1A)Anauthorisedofficermay,bynoticeundersubsection(2),requiretobeproducedforinspectionataplaceandtimestated in the
notice, vehicles in a category of heavy vehiclesthat
the officer reasonably believes have within the preceding60daysbeenusedorwillbeusedonaroadiftheofficerreasonably
believes that—(a)thevehiclesinthatcategorydonotcomplywiththisLaw;
or(b)the vehicles in that category are
defective heavy vehiclesas defined in section 525.(2)A notice must be served on—(a)the person in charge of the heavy
vehicle or category ofheavy vehicles; or(b)theregisteredoperatoror,iftheheavyvehicleorcategory of heavy vehicles is not
registered, an owner.(3)If a notice has
been served on a person under this section—Current as at [Not
applicable]Page 469
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(a)the
person may, not later than 24 hours before the timestatedinthenotice,requestanauthorisedofficertochange the place or time of inspection
or both; and(b)subject to paragraph (c), the
authorised officer must—(i)consider the
request; and(ii)vary the notice
by changing the place or time; and(iii)notify the person of the change; and(c)theauthorisedofficermayrefusetherequestiftheofficer considers—(i)theremaybeasafetyriskinaccedingtotherequest; or(ii)the
request is made for an improper reason; or(iii)it
is otherwise not reasonable to vary the notice.(4)Aninspectionmayincludeanytestsanauthorisedofficerdecides to be appropriate.(5)Apersonmustnotfailtoproduceaheavyvehicleforinspection—(a)subject to paragraph (b), at the place and
time stated inthe notice served on the person; or(b)if the notice has been varied under
this section, at theplace and time stated in the notice as
varied.Maximum penalty—$6000.(6)An
authorised officer may act under subsection (1A) only if—(a)foranauthorisedofficerwhoisapoliceofficer—theofficerhastherelevantpolicecommissioner’swrittenauthority to act under subsection (1A);
or(b)for an authorised officer who is not a
police officer—theofficer’sinstrumentofappointmentprovidesthattheauthorised officer may act under subsection
(1A).Page 470Current as at
[Not applicable]
Division 5Heavy Vehicle
National Law Act 2012ScheduleOther powers in
relation to all heavyvehiclesNotauthorised—indicativeonly523Starting or stopping heavy vehicle
engine(1)To enable an authorised officer to
effectively exercise a powerunder this Law
in relation to a heavy vehicle, the officer mayenterthevehicleandstartorstopitsengine(taketheprescribed action) or authorise
someone else (theassistant) toenter the vehicle and take the prescribed
action if—(a)a person fails to comply with a
requirement made by anauthorisedofficerundersection
577totaketheprescribed action; or(b)no
responsible person for the heavy vehicle is availableor
willing to take the prescribed action; or(c)theauthorisedofficerreasonablybelievesthereisno-one else in or near the vehicle who is
more capableof taking the prescribed action and is fit
and willing todo so.(2)The
authorised officer or assistant may use the force that isreasonably necessary to enter the heavy
vehicle and take theprescribed action.(3)Subsection (2)doesnotauthorisetheauthorisedofficerorassistant to use force against a
person.(4)It is immaterial that—(a)the assistant is not the operator of
the heavy vehicle; or(b)the authorised
officer or assistant is not—(i)authorisedbytheoperatortotaketheprescribedaction;
or(ii)qualified to
take the prescribed action.(5)Thissectiondoesnotauthorisetheauthorisedofficerorassistant to drive the heavy
vehicle.(6)Intakingtheprescribedaction,theauthorisedofficerorassistant is exempt from a provision
of an Australian road lawCurrent as at [Not applicable]Page
471
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Scheduleto the extent
the provision would require the authorised officeror
assistant to be qualified to take the prescribed action.(7)In this section—start, in
relation to a heavy vehicle’s engine, includes run theengine.524Direction to leave heavy vehicle(1)This section applies if—(a)thedriverofaheavyvehiclefailstocomplywithadirectiongivenbyanauthorisedofficerunderthisChapter; or(b)an
authorised officer reasonably believes the driver of aheavy vehicle is not qualified, fit or
authorised by theoperator to drive the vehicle in order to
comply with adirectiontheauthorisedofficermaygiveunderthisChapter;
or(c)anauthorisedofficerreasonablybelievesitwouldbeunsafe to inspect or search a heavy vehicle
or any part ofit or any part of its equipment or load
while the driveroccupies the driver’s seat or is in the
vehicle or anotherperson accompanying the driver is in the
vehicle.(2)The authorised officer may direct the
driver to do 1 or more ofthe following—(a)to
vacate the driver’s seat;(b)to leave the
heavy vehicle;(c)nottooccupythedriver’sseatuntilpermittedbyanauthorised
officer;(d)nottoentertheheavyvehicleuntilpermittedbyanauthorised
officer.(3)Theauthorisedofficermaydirectanyotherpersonaccompanying the driver of the heavy vehicle
to do either orboth of the following—(a)to
leave the vehicle;Page 472Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)not to enter the vehicle until
permitted by an authorisedofficer.(4)A
direction under subsection (2) or (3) may be made orally orin
any other way, including, for example, by way of a sign orelectronic or other signal.(5)A person given a direction under
subsection (2) or (3) mustcomply with the direction, unless the
person has a reasonableexcuse.Maximum
penalty—$6000.Division 6Further powers
in relation to heavyvehicles concerning heavy
vehiclestandards525Definitions for Div 6In this
Division—defective heavy vehiclemeans a heavy
vehicle that—(a)contravenes the heavy vehicle
standards; or(b)has a part that—(i)does
not perform its intended function; or(ii)hasdeterioratedtoanextentthatitcannotbereasonablyreliedontoperformitsintendedfunction.defective vehicle labelmeans a
label—(a)forattachingtoaheavyvehicletowhichavehicledefect notice
applies; and(b)stating—(i)the
vehicle’s registration number or, if the vehicleis
not registered, a vehicle identifier of the vehicle;and(ii)that the vehicle
must not be used on a road exceptas specified in
the notice; andCurrent as at [Not applicable]Page
473
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(iii)the
identification details for the authorised officerwho
issued the notice; and(iv)the day and time
the notice was issued; and(v)the number of
the notice.identification details, for an
authorised officer, means detailsto identify the
authorised officer, including, for example—(a)the
officer’s name; or(b)an identification number allocated to
the officer underthis Law or another law.vehicle
identifiermeans—(a)a
VIN; or(b)engine number; or(c)chassis number; or(d)anotheridentifyingnumberissuedbyaregistrationauthority.Example—an
unregistered vehicle permit number526Issue
of vehicle defect notice(1)This section
applies if an authorised officer who has inspecteda
heavy vehicle under this Law reasonably believes—(a)the vehicle is a defective heavy
vehicle; and(b)the use of the vehicle on a road poses
a safety risk.(2)Theauthorisedofficermayissuethefollowingnoticeinrelationtotheheavyvehicle,inthewaymentionedinsubsection (3)—(a)iftheofficerreasonablybelievesthesafetyriskisanimminentandserioussafetyrisk—anotice(amajordefect
notice) stating the vehicle must not be used on
aroad after the notice is issued other than
to move it toone or more stated locations in one or more
stated ways;orPage 474Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)if the officer reasonably believes the
safety risk is not animminentandserioussafetyrisk—anotice(aminordefect
notice) stating the vehicle must not be used on
aroad after a stated time unless stated
action required tostop the vehicle from being a defective
heavy vehicle istaken.(3)Theauthorisedofficermayissuethevehicledefectnoticeby—(a)if the driver of the heavy vehicle is
present—giving thenotice to the driver; or(b)ifthedriveroftheheavyvehicleisnotpresent—attaching the
notice to the vehicle.(4)Ifthedriverofaheavyvehicleforwhichavehicledefectnotice is issued under this section is not
the operator of thevehicle, the driver must, as soon as
practicable, give the noticeto the
operator.Maximum penalty—$3000.527Requirements about vehicle defect
notice(1)Avehicledefectnoticeforaheavyvehiclemustbeintheapproved form and state the
following—(a)that the vehicle is a defective heavy
vehicle and detailsof how the vehicle is a defective heavy
vehicle;(b)foranoticegivenincircumstancesmentionedinsection 526(2)(a)—that the vehicle
must not be used ona road after the notice is issued other than
to move it toone or more locations stated in the notice
in one or moreways stated in the notice;(c)foranoticegivenincircumstancesmentionedinsection 526(2)(b)—that the vehicle
must not be used onaroadafteratimestatedinthenoticeunlessactionrequired to stop the vehicle from being a
defective heavyvehicle stated in the notice is
taken;(d)thenameofthevehicle’sdriverifknownbytheauthorised officer issuing the notice
when the notice isCurrent as at [Not applicable]Page
475
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Scheduleissued or, if
the driver is not present or the driver’s nameis not known by
the authorised officer issuing the noticewhen the notice
is issued, the term ‘registered operator’;(e)details to identify the vehicle, including,
for example—(i)the vehicle’s registration number, or
if the vehicleis not registered, a vehicle identifier of
the vehicle;or(ii)the vehicle’s
make and category;(f)the nature of the inspection that led
to the notice beingissued;(g)whether an infringement notice was also
given when thenotice was issued;(h)the
identification details for the authorised officer whoissued the notice;(i)that, if the notice is not cleared by the
Regulator undersection 530, the vehicle’s registration may
be suspendedandsubsequentlycancelledbyaregistrationauthorityunder an Australian road law;(j)any conditions imposed under
subsection (2).(2)Theauthorisedofficerissuingavehicledefectnoticemayimposeanyconditionsontheuseofthedefectiveheavyvehicle the officer considers appropriate
for use of the vehicleon a road.(3)Anyconditionsimposedundersubsection
(2)aretakentoform
part of the vehicle defect notice concerned.528Defective vehicle labels(1)Ifanauthorisedofficerissuesamajordefectnoticeforaheavy vehicle, the authorised officer
must attach a defectivevehicle label to the vehicle.(2)Ifanauthorisedofficerissuesaminordefectnoticeforaheavy vehicle, the authorised officer
may attach a defectivevehicle label to the vehicle.Page
476Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012Schedule(3)A person must not remove or deface a
defective vehicle labelattached to a heavy vehicle under
subsection (1) or (2).Maximum penalty—$3000.(4)Subsection (3)doesnotapplytoapersonremovingadefective vehicle label under section
530(2) or 531(5).Notauthorised—indicativeonly528AInformation not included in notice or
label(1)This section applies to information
required to be included—(a)in a defective
vehicle label under section 525, definitiondefective
vehicle labelparagraph (b)(i); or(b)in a
vehicle defect notice under section 527(1)(e).(2)Theinformationneedonlybeincludedifitisreasonablypracticableandsafefortheauthorisedofficertoobtaintheinformation.529Using
defective heavy vehicles contrary to vehicle defectnoticeA person must
not use, or permit to be used, on a road a heavyvehicle in contravention of a vehicle defect
notice.Maximum penalty—$6000.529APermission by authorised officer to use
vehicle thesubject of a vehicle defect notice(1)An authorised officer may, on request
made by the operator ofa heavy vehicle that is the subject of
a vehicle defect notice,give written permission for the
vehicle to be used on a roadduring a period
stated in the permission.(2)Theauthorisedofficermayonlygivethepermissioniftheofficer—(a)is
satisfied—(i)that the vehicle will be used only for
the purpose ofdrivingthevehicletoandfromaplacewhererepairs are to be carried out; orCurrent as at [Not applicable]Page
477
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(ii)that
the relevant repairs have been carried out andthe vehicle will
be taken within the stated period tobeinspectedforthepurposeofenablingthevehicledefectnoticetobeclearedundersection530; and(b)is satisfied that the request is
necessary and reasonable;and(c)issatisfiedthattheuseofthevehiclewillnotposeasafety risk.(3)Forthepurposesofsubsection(2)(c),anauthorisedofficermay
require evidence of adequate repairs or other measures.(4)The permission is subject to
conditions that—(a)the use of the vehicle will be as
mentioned in subsection(2)(a) and (c); and(b)inrelationtotheuseofthevehiclementionedinsubsection(2)(a)(i)—thevehiclewillnotbeusedtocarry goods or passengers.(5)Theauthorisedofficermayalsoimposeotherreasonableconditions on
the permission.(6)Theuseofthevehicleunderthepermissionisnotacontravention of
the vehicle defect notice.(7)Theuseofavehicleincontraventionofaconditionundersubsection (4) or (5) is a contravention of
the vehicle defectnotice.529BPermitted use of vehicle the subject of a
vehicle defectnotice without permission of authorised
officer(1)A heavy vehicle that is the subject of
a vehicle defect noticemay be used on a road if—(a)the relevant repairs have been carried
out; and(b)the vehicle is being taken to a place
to be inspected forthe purpose of enabling the vehicle defect
notice to becleared under section 530; and(c)the vehicle is not carrying goods or
passengers; andPage 478Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(d)the use of the vehicle does not pose a
safety risk.(2)Anauthorisedofficermayrequireadriveroftheheavyvehicletoproduceevidenceoftherelevantrepairstotheauthorisedofficerwithinareasonabletime,andinareasonable way, stated by the
officer.(3)Subsection (1) stops applying to the
vehicle if the driver failsto comply with
the requirement.(4)Theuseoftheheavyvehicleundersubsection(1)isnotacontravention of the vehicle defect
notice.530Clearance of vehicle defect
notices(1)A vehicle defect notice may be cleared
by the Regulator if—(a)theRegulatordecidesthevehicleisnolongeradefective heavy vehicle; or(b)the Regulator receives a notice, in
the approved form,from an authorised officer stating that the
heavy vehicleis no longer a defective heavy
vehicle.(2)If the Regulator clears a vehicle
defect notice applying to aheavy vehicle,
the Regulator must arrange for any defectivevehicle label
for the vehicle to be removed from the vehicle.531Amendment or withdrawal of vehicle defect
notices(1)Avehicledefectnoticeissuedinthisjurisdictionbyanauthorised officer who is a police
officer may be amended orwithdrawn by any authorised officer
who—(a)is a police officer of this
jurisdiction; or(b)isapoliceofficerofanotherjurisdictioniftheApplicationActofthisjurisdictionpermitsthistobedone; or(c)isnotapoliceofficerbutisofaclassofauthorisedofficers for the
time being approved by the Regulator forthe purposes of
this subsection.(2)A vehicle defect notice issued by an
authorised officer who isnotapoliceofficermaybeamendedorwithdrawnbyanyCurrent as at [Not applicable]Page
479
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Scheduleauthorised
officer who is of a class of authorised officers forthe
time being approved by the Regulator for the purposes ofthis
subsection.(3)If an authorised officer amends or
withdraws a vehicle defectnotice for a heavy vehicle, the
officer must give notice of theamendment or
withdrawal to—(a)the Regulator; and(b)one
of the following—(i)the person to whom the vehicle defect
notice wasgiven;(ii)the
person in charge of the vehicle;(iii)the
registered operator;(iv)if the vehicle
is not registered—an owner.(4)If
the person given the notice of amendment or withdrawal isnot
the operator of the vehicle, the person must, as soon asreasonably practicable, give the notice to
the operator.Maximum penalty—$3000.(5)Ifanauthorisedofficerwithdrawsavehicledefectnoticeapplying to a
heavy vehicle, the Regulator must arrange forthe defective
vehicle label for the vehicle to be removed fromthe
vehicle.531ASelf-clearing defect notices(1)This section applies if an authorised
officer who has inspecteda heavy vehicle under this Law
reasonably believes—(a)the vehicle is a
defective heavy vehicle, but the use ofthe vehicle on a
road does not pose a safety risk; or(b)anumberplateofthevehicleiswhollyorpartlyobscured,
defaced or otherwise not legible.(2)Theauthorisedofficermayissueanotice(aself-clearingdefect
notice), in the approved form, in relation to the
heavyvehicle.Page 480Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(3)Theauthorisedofficermayissuetheself-clearingdefectnotice by—(a)if
the driver of the heavy vehicle is present—giving thenotice to the driver; or(b)ifthedriveroftheheavyvehicleisnotpresent—attaching the
notice to the vehicle.(4)If the driver of
a heavy vehicle for which a self-clearing defectnotice is issued is not the operator of the
vehicle, the drivermust give the notice to the operator as soon
as practicable, butnot more than 14 days, after the notice is
issued.Maximum penalty—$3000.(5)A
person must not use, or permit to be used, on a road a heavyvehicle in contravention of a self-clearing
defect notice.Maximum penalty—$3000.531BRequirements about self-clearing vehicle
defect notice(1)A self-clearing defect notice for a
heavy vehicle must state—(a)that—(i)the vehicle is a defective heavy
vehicle and detailsof how the vehicle is a defective heavy
vehicle; or(ii)a number plate
of the vehicle is wholly or partlyobscured,
defaced or otherwise not legible; and(b)thatcorrectiveactionmustbetakenassoonaspracticable, but not more than 28 days,
after the notice isissued; and(c)thenameofthevehicle’sdriverifknownbytheauthorisedofficerwhenissuingthenoticeor,ifthedriver is not
present or the driver’s name is not knownbytheauthorisedofficerwhenissuingthenotice,theterm
‘registered operator’; and(d)details to
identify the vehicle, including, for example—Current as at [Not
applicable]Page 481
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(i)the
vehicle’s registration number or, if the vehicleis
not registered, a vehicle identifier of the vehicle;and(ii)the vehicle’s
make and category; and(e)the nature of
the inspection that led to the notice beingissued;
and(f)whether an infringement notice was
also given when thenotice was issued; and(g)the
identification details for the authorised officer; and(h)the day and time the notice was
issued; and(i)the number of the notice; and(j)that if the driver of the vehicle is
not the operator of thevehicle, the driver must give the
notice to the operator assoon as practicable, but not more than
14 days, after thenotice is issued; and(k)that
a person must not use, or permit to be used, on aroad
the heavy vehicle in contravention of the notice.(2)In this section—corrective
actionmeans the action that is required to
stop—(a)the vehicle from being a defective
heavy vehicle; or(b)anumberplateofthevehiclebeingwhollyorpartlyobscured,
defaced or otherwise not legible.Division 7Further powers in relation to heavyvehicles concerning mass,dimension or loading requirements532Application of Div 7This
Division applies to a heavy vehicle regardless of whetherthe
vehicle is, has been, or becomes the subject of a directionor
requirement given or made by an authorised officer underanother provision of this Chapter.Page
482Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly533Powers for minor risk breach of mass,
dimension orloading requirement(1)Thissectionappliesifanauthorisedofficerreasonablybelieves a heavy
vehicle—(a)is the subject of 1 or more minor risk
breaches of mass,dimension or loading requirements;
and(b)is not, or is no longer, also the
subject of a substantial, orsevere,riskbreachofamass,dimensionorloadingrequirement.(2)If
the authorised officer reasonably believes it appropriate inthe
circumstances, the officer may direct the driver or operatorof
the heavy vehicle—(a)toimmediatelyrectifystatedbreachesofmass,dimensionorloadingrequirementsrelatingtothevehicle;
or(b)to move the vehicle, or cause it to be
moved, to a statedplaceandnottomovethevehicle,orcauseittobemoved,fromthereuntilstatedbreachesofmass,dimensionorloadingrequirementsrelatingtothevehicle are
rectified.Examples of circumstances for the purposes
of subsection (2)—1Rectification is reasonable and can be
carried out easily.2Rectification is necessary in the
public interest to avoid a safetyrisk, damage to
road infrastructure or an adverse effect on publicamenity.(3)A
place mentioned in subsection (2)(b) must be—(a)aplacetheauthorisedofficerreasonablybelievesissuitable for the purpose of complying
with the direction;and(b)within a 30km
radius from—(i)wheretheheavyvehicleislocatedwhenthedirection is given; or(ii)if the direction
is given in the course of the heavyvehicle’sjourney—anypointalongtheforwardroute of the
journey.Current as at [Not applicable]Page
483
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(4)If
the authorised officer does not give the driver or operator
ofaheavyvehicleadirectionundersubsection (2)andtheauthorised officer reasonably believes
the driver or operator isnot, or is no longer, subject to a
direction for the rectificationofaminorriskbreachofamass,dimensionorloadingrequirement
relating to the vehicle, the officer may authorisethe
driver or operator to continue the vehicle’s journey.(5)A direction given under subsection (2)
must be in writing andmay be given with or without
conditions.(6)Despitesubsection
(5),adirectiontomoveaheavyvehiclemay
be given orally if the moving of the vehicle is carried outinthepresence,orunderthesupervision,ofanauthorisedofficer.(7)The person to whom a direction is
given under this sectionmustcomplywiththedirection,unlessthepersonhasareasonable excuse.Maximum
penalty—$10000.(8)In this section—statedmeans stated by the authorised
officer.534Powers for substantial risk breach of
mass, dimension orloading requirement(1)Thissectionappliesifanauthorisedofficerreasonablybelieves—(a)a heavy vehicle is the subject of 1 or
more substantialriskbreachesofmass,dimensionorloadingrequirements;
and(b)the heavy vehicle is not, or is no
longer, also the subjectof a severe risk breach of a mass,
dimension or loadingrequirement.(2)The
authorised officer must direct the driver or operator of theheavy vehicle—(a)not
to move the vehicle until stated breaches of mass,dimensionorloadingrequirementsrelatingtothevehicle are
rectified; orPage 484Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)to move the vehicle, or cause it to be
moved, to a statedreasonable place and not to move it, or
cause it to bemoved,fromthereuntilstatedbreachesofmass,dimensionorloadingrequirementsrelatingtothevehicle are
rectified.Examples of reasonable place for the
purposes of paragraph (b)—•the intended
destination of the heavy vehicle’s journey•a
depot of the heavy vehicle or, if the heavy vehicle is acombination, a depot of a vehicle in the
combination•a weighbridge•a
rest area•a place where the heavy vehicle can be
loaded or unloaded(3)A direction given under subsection (2)
must be in writing andmay be given with or without
conditions.(4)Despitesubsection
(3),adirectiontomoveaheavyvehiclemay
be given orally if the moving of the vehicle is carried outinthepresence,orunderthesupervision,ofanauthorisedofficer.(5)The person to whom a direction is
given under this sectionmustcomplywiththedirection,unlessthepersonhasareasonable excuse.Maximum
penalty—$10000.(6)In this section—statedmeans stated by the authorised
officer.535Powers for severe risk breach of mass,
dimension orloading requirement(1)Thissectionappliesifanauthorisedofficerreasonablybelieves a heavy
vehicle is the subject of 1 or more severe riskbreaches of
mass, dimension or loading requirements.(2)The
authorised officer must direct the driver or operator of theheavy vehicle—(a)not
to move the heavy vehicle until stated breaches ofmass, dimension or loading requirements
relating to thevehicle are rectified; orCurrent as at [Not applicable]Page
485
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(b)if the
prescribed circumstances exist—(i)to
move the vehicle, or cause it to be moved, to thenearest stated safe location; and(ii)not to proceed
from there until stated breaches ofmass, dimension
or loading requirements relatingto the vehicle
are rectified.(3)A direction given under subsection (2)
must be in writing andmay be given with or without
conditions.(4)Despitesubsection
(3),adirectiontomoveaheavyvehiclemay
be given orally if the moving of the vehicle is carried outinthepresence,orunderthesupervision,ofanauthorisedofficer.(5)The person to whom a direction is
given under this sectionmustcomplywiththedirection,unlessthepersonhasareasonable excuse.Maximum
penalty—$10000.(6)Nothinginthissectionpreventsanauthorisedofficerfromtaking into
account the safety of the heavy vehicle or any loadin
it if the officer reasonably believes the officer can do sowithout prejudicing the safety of other
property, people, theenvironment, road infrastructure or
public amenity.(7)In this section—prescribed
circumstancesmeans—(a)there is a risk of harm to public safety;
or(b)there is an appreciable risk of harm
to the environment,road infrastructure or public
amenity.risk of harm to public safety, in
relation to a heavy vehicle—(a)includes the risk of harm to the safety of
people, or liveanimals, in the vehicle; but(b)doesnotincludetheriskofharmtothesafetyofthevehicle or goods, other than a live
animal, in the vehicle.safe locationmeans a location
where the authorised officerreasonably
believes the heavy vehicle will pose a reduced riskPage
486Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Scheduleornoappreciableriskofharmtopublicsafety,theenvironment, road infrastructure or
public amenity.Example of a safe location—•adepotoftheheavyvehicleor,iftheheavyvehicleisacombination, a depot of a vehicle in
the combination•a weighbridge•a
rest area•a place where the heavy vehicle can be
loaded or unloadedstatedmeans stated by
the authorised officer.536Operation of
direction in relation to a combination(1)This
section applies if a direction is given under this Divisionin
relation to a heavy combination.(2)Subject to subsection (3), nothing in this
Division prevents acomponentvehicleoftheheavycombinationfrombeingseparately
driven or moved if—(a)thecomponentvehicleisnotitselfthesubjectofacontraventionofamass,dimensionorloadingrequirement;
and(b)it is not otherwise unlawful for the
component vehicle tobe driven or moved.(3)Subsection (2) does not apply if a
condition of the directionprevents the component vehicle from
being separately drivenor moved.Division 8Further powers in relation tofatigue-regulated heavy vehicles537Application of Div 8ThisDivisionappliestoafatigue-regulatedheavyvehicleregardless of
whether the vehicle is, has been, or becomes thesubjectofadirectionorrequirementgivenormadebyanauthorised officer under another
provision of this Chapter.Current as at [Not applicable]Page
487
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule538Requiring driver to rest for contravention
of maximumwork requirement(1)Thissectionappliesifanauthorisedofficerreasonablybelievesthedriverofafatigue-regulatedheavyvehiclehascontravened a maximum work requirement by
working for aperiod in excess of the maximum work time
allowed under therequirement.(2)If
the authorised officer reasonably believes the contraventionis a
critical risk breach or severe risk breach, the authorisedofficer must, by notice, require the
driver—(a)toimmediatelyrestforastatedperiodinaccordancewith a minimum
rest requirement applying to the driver;and(b)to work for a stated shorter period
when the driver nextworks to compensate for the excess
period worked.(3)If the authorised officer reasonably
believes the contraventionisasubstantialriskbreachorminorriskbreach,theauthorised officer may, by notice, require
the driver—(a)toimmediatelyrestforastatedperiodinaccordancewith a minimum
rest requirement applying to the driver;and(b)to work for a stated shorter period
when the driver nextworks to compensate for the excess
period worked.(4)Iftheauthorisedofficerimposesarequirementundersubsection (2) or (3), the authorised
officer must record detailsof the
requirement in the driver’s work diary.Note—Section 541 deals with the situation where
the driver does not producetheworkdiaryorproducessomethingasaworkdiarythattheauthorised officer reasonably believes
to be unacceptable.539Requiring driver to rest for
contravention of minimumrest requirement(1)Thissectionappliesifanauthorisedofficerreasonablybelievesthedriverofafatigue-regulatedheavyvehiclehascontravenedaminimumrestrequirementbyrestingforaPage 488Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyperiod shorter than the minimum rest time
required under therequirement.(2)If
the authorised officer reasonably believes the contraventionis a
critical risk breach or severe risk breach, the authorisedofficer must, by notice, require the
driver—(a)to immediately rest for a stated
period to compensate fortheshortfallbetweentheperiodofrestthedriverhadand
the minimum rest time required under the minimumrest
requirement; and(b)ifthedriverhasfailedtohave1ormorenightrestbreaks required
under a minimum rest requirement—tohave 1 or more
night rest breaks to compensate for theshortfallbetweenthenumberofnightrestbreaksthedriver had and the number of night rest
breaks requiredunder the minimum rest requirement.(3)If the authorised officer reasonably
believes the contraventionisasubstantialriskbreachorminorriskbreach,theauthorised officer may, by notice, require
the driver—(a)to immediately rest for a stated
period to compensate fortheshortfallbetweentheperiodofrestthedriverhadand
the minimum rest time required under the minimumrest
requirement; or(b)torestforanadditionalstatedperiod,atthenextrestbreak the driver is required to have under a
maximumworkrequirementorminimumrestrequirement,tocompensate for the shortfall between the
period of restthe driver had and the minimum rest time
required underthe minimum rest requirement; or(c)ifthedriverhasfailedtohave1ormorenightrestbreaks required
under a minimum rest requirement—tohave 1 or more
night rest breaks to compensate for theshortfallbetweenthenumberofnightrestbreaksthedriver had and the number of night rest
breaks requiredunder the minimum rest requirement.(4)Iftheauthorisedofficerimposesarequirementundersubsection (2)or(3),theauthorisedofficermustrecordthedetails of the requirement in the
driver’s work diary.Current as at [Not applicable]Page
489
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012ScheduleNote—Section 541 deals with the situation where
the driver does not producetheworkdiaryorproducessomethingasaworkdiarythattheauthorised officer reasonably believes
to be unacceptable.540Requiring driver to stop working if
impaired by fatigue(1)Thissectionappliesifanauthorisedofficerreasonablybelievesthedriverofafatigue-regulatedheavyvehicleisimpaired by fatigue.(2)The
authorised officer may, by notice—(a)requirethedrivertoimmediatelystopworkandnotwork again for a stated period;
and(b)if the officer has observed the driver
driving in a way theofficerconsidersonreasonablegroundstobedangerous,
require the driver to also immediately stopbeing in control
of the fatigue-regulated heavy vehicle.(3)A
stated period under subsection (2)(a) must be a reasonableperiodhavingregardtothemattersprescribedforthepurposes of this section by the
national regulations.(4)Iftheauthorisedofficerimposesarequirementundersubsection (2)(a), the authorised officer
must record details ofthe requirement in the driver’s work
diary.Note—Section 541
deals with the situation where the driver does not producetheworkdiaryorproducessomethingasaworkdiarythattheauthorised officer reasonably believes
to be unacceptable.(5)Iftheauthorisedofficerimposesarequirementundersubsection (2)(b),theauthorisedofficermayauthoriseapersontomovethefatigue-regulatedheavyvehicletoasuitablerestplaceforfatigue-regulatedheavyvehiclesbutonly
if the person is qualified and fit to drive the vehicle.(6)The national regulations may prescribe
the matters to whichtheauthorisedofficer,oracourt,mustormayhaveregardwhendecidingwhetherornotapersonwasimpairedbyfatigue for the purposes of this
section.Page 490Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule541Requiring driver to stop working if
work diary notproduced or unreliable(1)This
section applies if—(a)an authorised officer has, under
section 568, asked thedriver of a fatigue-regulated heavy
vehicle to produce awork diary the driver is required to
keep under this Law;and(b)either—(i)the
driver has failed to produce the diary without areasonable excuse; or(ii)the
driver produces a document that the authorisedofficerreasonablybelievesisnottheworkdiarythe
driver is required to keep under this Law; or(iii)the
authorised officer reasonably believes the workdiary,orpurportedworkdiary,producedbythedriver can not
be relied on as an accurate record ofthetimethedriverrecentlyspentworkingorresting.Examples for the
purposes of subparagraph (iii)—•Information in the work diary appears to be
incorrect.•Particular information appears to be
missing from thework diary.•The
work diary appears to have been tampered with.(2)Theauthorisedofficermay,bynotice,requirethedrivertoimmediatelystopworkandtonotworkagainforastatedperiod of up to
24 hours.542Compliance with requirement under this
Division(1)A person given a notice under this
Division must comply withthe notice, unless the person has a
reasonable excuse.Maximum penalty—$10000.(2)Anauthorisedofficerwhogivesapersonanoticeundersection 538, 539 or 541 may, by stating it
in the notice, allowthe person to delay complying with the
notice for a period ofup to 1 hour if the authorised officer
reasonably believes—Current as at [Not applicable]Page
491
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(a)the
delay is necessary to allow the person time to drivetherelevantfatigue-regulatedheavyvehicletothenearestsuitablerestplaceforfatigue-regulatedheavyvehicles and it is reasonably safe to allow
the person tocontinue driving the vehicle to that place;
or(b)the delay is necessary to allow the
person time to attendto,ortosecure,theloadontherelevantfatigue-regulated heavy vehicle before
resting.Part 9.4Other
powersDivision 1Powers relating
to equipment543Power to use equipment to access
information(1)This section applies if—(a)a thing found at a place, or in a
vehicle, entered by anauthorised officer under this Chapter
is, or includes, adisc, tape or other device used for storing
information(thestorage
device); and(b)equipment at the place, or in the vehicle,
may be usedwiththestoragedevicetoaccessinformationonthestorage device; and(c)theauthorisedofficerreasonablybelievesinformationstoredonthestoragedevicemayberelevantfordeciding whether this Law is being complied
with.(2)The authorised officer, or a person
helping the officer, mayoperate the equipment to access the
information.(3)A person may operate equipment under
subsection (2) only ifthepersonreasonablybelievestheoperationcanbecarriedout without
damaging the equipment.Note—See section 548
for action an authorised officer may take if the officer,orapersonhelpingtheofficer,findsadisc,tapeorotherdevicecontaining information the officer
reasonably believes is relevant fordeciding whether
this Law has been contravened.Page 492Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(4)In this section—equipment,ataplaceorinavehicle,includesequipmenttaken into the place or vehicle by the
authorised officer.544Power to use equipment to examine or
process a thing(1)Anauthorisedofficer,orapersonhelpinganauthorisedofficer,mayoperateequipmentataplace,orinavehicle,enteredunderthisChaptertoexamineorprocessathingfound at the
place, or in the vehicle, in order to decide whetherit
is a thing that may be seized under this Chapter.(2)Also,foraheavyvehicleenteredundersection 521,anauthorised officer, or a person helping the
authorised officer,may,fordecidingwhetherathingmaybeseizedundersection 547—(a)operate equipment in the vehicle to examine
or processthe thing; or(b)move
the thing to another place if it is not practicable toexamine or process the thing where it is
found, or thevehicle’sdriverconsentsinwriting,andoperateequipment at
that place to examine or process the thing.(3)However, subsections (1) and (2) only apply
if the authorisedofficer or person reasonably
believes—(a)the equipment is suitable for
exercising the power; and(b)thepowercanbeexercisedwithoutdamagingtheequipment or thing.(4)In
this section—equipment,ataplaceorinavehicle,includesequipmenttaken into the
place or vehicle by the authorised officer.Current as at [Not
applicable]Page 493
Heavy
Vehicle National Law Act 2012ScheduleDivision 2Seizure and
embargo noticesNotauthorised—indicativeonlySubdivision 1Power to
seize545Seizing evidence at a place that may
be entered withoutconsent or warrantAn authorised
officer who enters a place the officer may enterunderthisChapterwithouttheconsentofitsoccupierandwithout a warrant may seize a thing at the
place if the officerreasonably believes the thing is
evidence of an offence againstthis Law.546Seizing evidence at a place that may
be entered only withconsent or warrant(1)This
section applies if—(a)an authorised officer is authorised to
enter a place onlywith the consent of an occupier at the place
or a warrant;and(b)the authorised
officer enters the place after obtaining thenecessary
consent or under a warrant.(2)If
the authorised officer enters the place with the occupier’sconsent, the officer may seize a thing at
the place if—(a)the officer reasonably believes the
thing is evidence ofan offence against this Law;
and(b)seizureofthethingisconsistentwiththepurposeofentry as explained to the occupier when
asking for theoccupier’s consent.(3)If
the authorised officer enters the place under a warrant, theofficermayseizetheevidenceforwhichthewarrantwasissued.(4)Theauthorisedofficermayalsoseizeanythingelseattheplace if the
officer reasonably believes—(a)the
thing is evidence of an offence against this Law; andPage
494Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)the seizure is necessary to prevent
the thing being—(i)hidden, lost or destroyed; or(ii)used to
continue, or repeat, the offence.547Seizing evidence in a heavy vehicle entered
under s 521Anauthorisedofficerwhoentersaheavyvehicleundersection
521mayseizeathingintheheavyvehicleiftheofficer
reasonably believes the thing is evidence of an offenceagainst this Law.548Additional seizure power relating to
information storedelectronically(1)Thissectionappliesif,underthisChapter,anauthorisedofficer, or a
person helping an authorised officer—(a)enters a place or heavy vehicle; and(b)findsadisc,tapeorotherdeviceusedforstoringinformation(theoriginalinformationstoragedevice)containing information the authorised
officer reasonablybelieves is relevant for deciding whether
this Law hasbeen contravened.(2)The
authorised officer or person may—(a)put
the information in documentary form and seize thedocument; or(b)copytheinformationfromtheoriginalinformationstorage device
to another information storage device andseize the other
information storage device; or(c)seizetheoriginalinformationstoragedeviceandanyequipment at the place or in the
vehicle necessary foraccessing the information contained in
the device if—(i)it is not practicable to take action,
at the place or inthe vehicle, under paragraph (a) or (b) in
relation tothe information; andCurrent as at [Not
applicable]Page 495
Heavy
Vehicle National Law Act 2012Schedule(ii)the officer or
person reasonably believes the deviceandequipmentcanbeseizedwithoutbeingdamaged.Notauthorised—indicativeonly549Seizing thing or
sample taken for examination under s500Anauthorisedofficerwhotakesathingorsampleforexamination under section 500(1)(c) may,
after examining it,seize the thing or sample if—(a)theofficerreasonablybelievesthethingorsampleisevidence of an offence against this Law;
and(b)had the officer had the reasonable
belief when the thingor sample was taken, the officer could
have seized thethingorthethingfromwhichthesamplewastakenunder section
545 to 548.550Seizure of property subject to
security(1)An authorised officer may seize a
thing under this Chapter,andexercisepowersrelatingtothething,despitealienorother security over it claimed by another
person.(2)However, the seizure does not affect
the other person’s claimtothelienorothersecurity
againstapersonotherthantheauthorised officer or a person helping the
officer.551Seizure of number plates(1)Without limiting any other provision
of this Chapter, a powerunder this Chapter for an authorised
officer to seize a thingincludes a power to seize a number
plate for a heavy vehicleunder subsection (2) or (3).(2)An authorised officer may seize a
number plate (whether ornotdisplayedonaheavyvehicle)iftheofficerreasonablybelieves—(a)thatthenumberplateisbeingusedotherthaninaccordance with an Australian road
law; orPage 496Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)that the number plate was not issued
in accordance withan Australian road law.(3)Anauthorisedofficermayseizeanumberplateifitisdisplayedonaheavyvehicleandtheofficerreasonablybelieves—(a)thatthenumberplatedoesnotbeartheregistrationnumber last
assigned to the vehicle; or(b)that—(i)thevehicleisnotregisteredorexemptedfromregistration; and(ii)theperiodduringwhichtheregistrationofthevehicle may be renewed has
expired.(4)An authorised officer may
retain—(a)anumberplateseizedundersubsection
(2)untiltheofficer is satisfied that it was not being
so used and thatitwasissuedinaccordancewithanAustralianroadlaw;
or(b)anumberplateseizedundersubsection
(3)untiltheofficer is satisfied that circumstances
exist that allow itto be used without being subject to
retention under thissubsection.(5)An
authorised officer must return a number plate seized undersubsection (2) or (3) to—(a)thedriveroroperatorofthevehicle,iftheofficerissatisfiedastotherelevantmattersreferredtoinsubsection (4);
or(b)an appropriate authority, if the
officer is not satisfied asto those matters
after a reasonable period.(6)Thenationalregulationsmayprescribe,orprescribeguidelinesfordetermining,anappropriateauthorityforthepurposes of
subsection (5).Current as at [Not applicable]Page
497
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule552Restriction on power to seize certain
things(1)ThisChapterdoesnotauthoriseanauthorisedofficertoseize—(a)a
heavy vehicle; or(b)a thing, or a thing of a class,
prescribed by the nationalregulations.(2)Subsection (1)doesnotapplyiftheApplicationActoftheparticipatingjurisdictioninwhichthevehicleorthingislocatedprovidesthattheheavyvehicleorthingcanbeimpounded or seized under a law of
that jurisdiction.Subdivision 2Powers to
support seizure553Requirement of person in control of
thing to be seized(1)ToenableathingtobeseizedunderthisChapter,anauthorised officer may require the
person in control of it—(a)totakeittoastatedreasonableplacebyastatedreasonable time; and(b)if
necessary, to remain in control of it at the stated placefor
a stated reasonable period.(2)The
requirement—(a)must be made by notice; or(b)if for any reason it is not
practicable to give a notice,may be made
orally and confirmed by notice as soon aspracticable.(3)A
person of whom a requirement is made under this sectionmustcomplywiththerequirement,unlessthepersonhasareasonable excuse.Maximum
penalty—$10000.Page 498Current as at
[Not applicable]
Subdivision 3Heavy Vehicle
National Law Act 2012ScheduleSafeguards for
seized things orsamplesNotauthorised—indicativeonly554Receipt for seized thing or
sample(1)This section applies if an authorised
officer seizes a thing orsample under this Chapter
unless—(a)itisimpracticableorunreasonablefortheofficertoaccountforthethingorsamplegivenitscondition,nature and
value; or(b)forathingseizedotherthanundersection
549—theofficer reasonably believes there is no-one
apparently inpossession of the thing or the thing has
been abandoned.(2)The authorised officer must, as soon
as practicable after thething or sample is seized, give the
relevant person for the thingorsampleareceiptthatgenerallydescribesthethingorsample and its condition.(3)However, for a thing seized other than
under section 549, if arelevant person for the thing is not
present when the thing isseized, the receipt may be given by
leaving it in a conspicuousposition and in
a reasonably secure way at the place at whichthe thing was
seized.(4)The receipt may relate to more than 1
seized thing.(5)In this section—relevant
personmeans—(a)for
a thing or sample seized under section 549—(i)an
owner of the thing or sample; or(ii)apersoninpossessionofthething,orthethingfrom which the
sample was taken, before the thingorsamplewastakenforexaminationundersection 500(1)(c); or(b)for
a thing seized under this Chapter other than undersection 549—(i)an
owner of the thing; orCurrent as at [Not applicable]Page
499
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(ii)a
person in possession of the thing before it wasseized.555Access to seized thing(1)Until a thing seized under this
Chapter is forfeited or returned,theauthorisedofficerwhoseizedthethingmustallowanyowner of the thing—(a)toinspectitatanyreasonabletimeandfromtimetotime; and(b)if
it is a document—to copy it.(2)Subsection (1) does not apply if it is
impracticable or wouldbe unreasonable to allow the
inspection or copying.(3)The inspection
or copying must be allowed free of charge.556Return of seized things or samples(1)This section applies if—(a)an authorised officer has seized a
thing or sample underthis Chapter; and(b)the
thing or sample is not forfeited under Division 3.(2)If an authorised officer is satisfied
that—(a)thethingorsampleisnotrequired(orisnolongerrequired)asevidenceofanoffenceagainstthisLaw;and(b)thecontinuedretentionofthethingorsampleisnotnecessary to prevent the thing or
sample being used tocontinue, or repeat, an offence
against this Law; and(c)thethingorsampleisnotsubjecttoadisputeastoownership,whichwouldbeappropriatelyresolvedbymakinganapplicationundersubsection (3)forthereturn of the thing or sample;theauthorisedofficermustexercisereasonablediligencetoreturnthethingorsampletothepersonfromwhomitwasPage 500Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyseized or to the owner if that person is not
entitled to possessit.(3)An application
for the return of the thing or sample may bemade to the
relevant tribunal or court by—(a)the
person from whom it was seized; or(b)a
person who claims to be the owner; or(c)an
authorised officer.(4)If the relevant tribunal or court is
satisfied that—(a)thethingorsampleisnotrequired(orisnolongerrequired)asevidenceofanoffenceagainstthisLaw;and(b)thecontinuedretentionofthethingorsampleisnotnecessary to prevent the thing or
sample being used tocontinue, or repeat, an offence
against this Law; and(c)there are no
reasonable grounds to suspect that the thingorsampleislikelytobeusedbyanypersoninthecommission of an offence of a kind
prescribed by thenational regulations for the purposes of
this subsection;the relevant tribunal or court may make an
order for the returnof the thing or sample to the person
from whom it was seizedor to the owner if that person is not
entitled to possess it.(5)The national
regulations may—(a)providefortheprocedurestobefollowedwhenanapplication is made under subsection
(3); and(b)without limiting paragraph (a)—(i)provide for the notification of the
Regulator or anauthorisedofficer(orboth)ofthemakingoftheapplication if it is made by a person
who is not anauthorised officer; and(ii)specify the information that is to be
included in thenotification.(6)Nothing in this section affects a lien or
other security over athing.Current as at [Not
applicable]Page 501
Heavy
Vehicle National Law Act 2012Schedule(7)Nothing in this section prevents the
return of a thing or sampleto its owner at
any time if the Regulator considers there is noreason for its
continued retention.Notauthorised—indicativeonlySubdivision 4Embargo
notices557Power to issue embargo notice(1)This section applies if—(a)anauthorisedofficermayseizeathingunderthisChapter;
and(b)the thing can not, or can not readily,
be physically seizedand removed.(2)The
authorised officer may issue a notice (anembargo
notice)underthissectionprohibitinganydealingwiththethingorany
part of it without the written consent of the Regulator oran
authorised officer.(3)The embargo notice—(a)must be in the approved form;
and(b)must list the activities it prohibits;
and(c)must include a copy of section
558.(4)The authorised officer may issue the
embargo notice—(a)bycausingacopyofittobeservedontherelevantentity;
or(b)ifarelevantentitycannotbelocatedaftertheauthorised officer exercises
reasonable diligence to doso, by fixing a copy of the notice on
the thing the subjectofthenoticeinaconspicuouspositionandinareasonably secure way.(5)In
this section—dealing, with a thing
or part of a thing, includes—(a)moving, selling, leasing or transferring the
thing or part;andPage 502Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)changing information on, or deleting
information from,the thing or part.relevant
entity, for an embargo notice, means—(a)the driver of the heavy vehicle to
which the thing thesubject of the notice relates; or(b)the occupier of the place in which the
thing the subjectof the notice is located.558Noncompliance with embargo
notice(1)A person (therelevant
person) who knows an embargo noticerelates to a thing must not—(a)do anything the notice prohibits;
or(b)instruct someone else (theother person) to do
anythingthe notice prohibits—(i)anyone from doing; or(ii)the
relevant person or other person from doing.Maximum
penalty—$10000.(2)Inaproceedingforanoffenceagainstsubsection (1)totheextent it relates to a charge that the
person charged with theoffence (defendant)
moved an embargoed thing, or a part ofan embargoed
thing, it is a defence for the defendant to provethat
he or she—(a)movedtheembargoedthing,orpart,toprotectorpreserve it; and(b)notified the authorised officer who issued
the embargonotice of the move and new location of the
embargoedthing, or part, within 48 hours after the
move.(3)A person served with an embargo notice
must ensure, so farasisreasonablypracticable,anotherpersondoesnotdoanything
prohibited by the notice.Maximum penalty—$10000.Current as at [Not applicable]Page
503
Heavy
Vehicle National Law Act 2012Schedule(4)Despite any other Act or law, a sale,
lease, transfer or otherdealingwithanembargoedthingincontraventionofthissection is
void.Notauthorised—indicativeonly559Power to secure
embargoed thing(1)An authorised officer may take
reasonable action to restrictaccess to an
embargoed thing.(2)For the purposes of subsection (1),
the authorised officer may,for
example—(a)seal the embargoed thing, or the
entrance to the placewheretheembargoedthingislocated,andmarkthethingorplacetoshowaccesstothethingorplaceisrestricted; or(b)for
equipment—make it inoperable; orExample—dismantling equipment or removing a
component of equipmentwithout which the equipment can not be
used(c)requireapersontheauthorisedofficerreasonablybelievesisincontroloftheembargoedthing,ortheplace where the embargoed thing is
located, to do an actmentionedinparagraph(a)or(b)oranythingelseanauthorised officer could do under
subsection (1).(3)Apersonofwhomarequirementismadeundersubsection (2)(c)mustcomplywiththerequirement,unlessthe
person has a reasonable excuse.Maximum
penalty—$10000.(4)Ifaccesstoanembargoedthingisrestrictedunderthissection,apersonmustnottamperwiththethingorwithanything used to
restrict access to the thing without—(a)an
authorised officer’s approval; or(b)a
reasonable excuse.Maximum penalty—$10000.(5)If
access to a place is restricted under this section, a personmust
not enter the place in contravention of the restriction orPage
504Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Scheduletamperwithanythingusedtorestrictaccesstotheplacewithout—(a)an
authorised officer’s approval; or(b)a
reasonable excuse.Maximum penalty—$10000.(6)The
restricted access to an embargoed thing, or a place wherean
embargoed thing is located, under this section applies onlyfor
the period the thing is an embargoed thing.560Withdrawal of embargo notice(1)This section applies if—(a)an authorised officer has issued an
embargo notice for athing; and(b)the
thing has not been forfeited under Division 3.(2)The
authorised officer must withdraw the embargo notice—(a)generally—at the end of 3 months after
it is issued; or(b)if a relevant tribunal or court has
made an order undersubsection (5)extendingthetimeforwithdrawingthenotice—at the end of the extended time;
or(c)ifaproceedingforanoffenceinvolvingthethingisstartedbeforethenoticemustbewithdrawnunderparagraph (a) or (b)—at the end of the
proceeding andany appeal from the proceeding.(3)Despite subsection (2), if the embargo
notice is issued on thebasisthatthethingmayprovideevidenceofanoffenceagainstthisLaw,theauthorisedofficermustassoonaspracticable withdraw the notice if the
officer is satisfied—(a)the thing is no
longer required as evidence of an offenceagainst this
Law; and(b)it is not necessary for the notice to
continue to preventthe thing being used to continue, or repeat,
the offence.(4)An authorised officer may apply to a
relevant tribunal or courtwithin3monthsaftertheembargonoticeisissuedforanCurrent as at [Not applicable]Page
505
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Scheduleextension of the
time by which the notice must be withdrawnunder this
section.(5)The relevant tribunal or court may
order the extension if it issatisfiedthecontinuedoperationoftheembargonoticeisnecessary for investigation purposes.Division 3Forfeiture and
transfers561Power to forfeit particular things or
samples(1)If,underthisChapter,athingorsampleistakenforexamination by an authorised officer or a
person authorised byanauthorisedofficer,orathingorsampleisseizedbyanauthorised officer, the Regulator may
decide it is forfeited tothe Regulator if an authorised
officer—(a)aftermakingreasonableinquiries,cannotfinditsowner; or(b)after making reasonable efforts, can not
return it to itsowner.(2)However, the authorised officer is not
required to—(a)makeinquiriesifitwouldbeunreasonabletomakeinquiries to
find the owner; or(b)make efforts if it would be
unreasonable to make effortsto return the
thing or sample to its owner.Example for the
purposes of paragraph (b)—the owner of the thing or sample has
migrated to another country(3)Regardmustbehadtothething’sorsample’scondition,nature and value
in deciding—(a)whether it is reasonable to make
inquiries or efforts; and(b)ifinquiriesoreffortsaremade—whatinquiriesorefforts, including the period over
which they are made,are reasonable.Page 506Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(4)AthingorsampleseizedunderthisChapterbyapoliceofficer can not
be forfeited to the Regulator but must be dealtwith
under—(a)thenationalregulations,exceptasprovidedbyparagraph (b); or(b)applicable legislation of the relevant State
or Territory.562Information notice for forfeiture
decision(1)If the Regulator decides under section
561(1) to forfeit a thingor sample, the Regulator must as soon
as practicable give aninformation notice for the decision
to—(a)the person from whom the thing or
sample was seized;and(b)the person who
was the owner of the thing or sampleimmediately
before the forfeiture; and(c)each person
having a registered interest in the thing orsample.(2)The information notice may be
given—(a)by post; or(b)in
the case of the person from whom the thing or samplewasseized,byleavingthenoticeinaconspicuousposition and in
a reasonably secure way at—(i)forathingorsampletakenforexamination,whether or not
it is seized under section 549—theplace where the
thing or sample was taken; or(ii)forathingorsampleseizedunderthisChapterother than under
section 549—the place where thething or sample
was seized.(3)However, subsection (2)(b) does not
apply if the place is—(a)a public place;
or(b)a place where the notice is unlikely
to be read by theperson for whom it is intended.Current as at [Not applicable]Page
507
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule563Forfeited or transferred thing or sample
becomesproperty of the RegulatorA
thing or sample becomes the property of the Regulator if—(a)the thing or sample is forfeited to
the Regulator undersection 561(1); or(b)theownerofthethingorsampleandtheRegulatoragree, in
writing, to the transfer of the ownership of thething or sample to the Regulator.564How property may be dealt with(1)This section applies if, under section
563, a thing or samplebecomes the property of the
Regulator.(2)The Regulator may take action under
this section after giving28 days’ notice of the intention to do
so to—(a)the person from whom the thing or
sample was seized;and(b)the person who
was the owner of the thing or sampleimmediately
before the forfeiture; and(c)each person
having a registered interest in the thing orsample.(3)TheRegulatormaydealwiththethingorsampleastheRegulatorconsidersappropriate,including,forexample,bydestroying it or giving it away.(4)The Regulator must not deal with the
thing or sample in a waythat could prejudice the outcome of a
review of the decision toforfeit the thing or sample, or an
appeal against the decisionon that review,
under this Law.(5)If the Regulator sells the thing or
sample, the Regulator may,after deducting the costs of the sale,
return the proceeds of thesale to the person who was the owner
of the thing or sampleimmediately before the
forfeiture.Page 508Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule565Third party protection(1)This section applies if, under section
563, a thing or samplebecomesthepropertyoftheRegulatorandappliestothefollowing parties—(a)theownerofthethingorsample,exceptwheretheowner gave consent under section
563(b);(b)apersonwhohasaregisteredinterestinthethingorsample.(2)A
party mentioned in subsection (1) may apply to a relevanttribunal or court for an order—(a)that ownership of the thing or sample
be transferred tothe applicant, if the applicant had full
ownership of thething or sample immediately before the thing
or samplebecame the property of the Regulator under
section 561;or(b)that, if the
applicant had a registered interest in the thingor
sample immediately before it became the property ofthe
Regulator—(i)the thing or sample be sold;
and(ii)the Regulator
pay to the applicant, and any otherpersonswitharegisteredinterestinthethingorsample, an amount commensurate with
the value oftheir respective interest.(3)If the thing or sample has been sold
or otherwise disposed of,the Regulator must pay to—(a)an applicant who had a registered
interest in the thing orsample immediately before the thing or
sample was soldor otherwise disposed of, an amount
commensurate withthe value of the applicant’s interest;
or(b)an applicant who was an owner of the
thing or sample,the amount obtained through its sale or
disposal.(4)Leave of the relevant tribunal or
court is required to bring anapplication if 6
months or more have elapsed since the thingor sample became
the property of the Regulator.Current as at [Not
applicable]Page 509
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(5)Therelevanttribunalorcourtmaygrantleaveundersubsection (4)
only if it is satisfied that the delay in makingthe
application was not due to the applicant’s neglect.(6)The relevant tribunal or court may
make an order—(a)declaringthenature,extentand,ifnecessaryfortheorder, the value (at the time the
declaration is made) ofthe applicant’s registered interest;
and(b)directing the Regulator—(i)if the thing or sample is vested in
the Regulator andtheapplicanthasfullownershipofthethingorsample,totransferownershipofthethingorsample to the applicant; or(ii)ifthethingorsampleisnolongervestedintheRegulator,oriftheapplicantdoesnothavefullownershipofthethingorsample,topaytotheapplicantthevalueoftheapplicant’sregisteredinterest in the
thing or sample.(7)Therelevanttribunalorcourtmaymakeanorderundersubsection (6)onlyifitissatisfiedthattheoffencewithrespecttowhichthethingorsamplewasseizedoccurredwithout the knowledge or consent of the
applicant.(8)Any amount to be paid under this
section is to be paid out ofthe proceeds (if
any) of the sale of the thing or sample.(9)The
Regulator may deduct any reasonable costs incurred indealing with the thing or sample from an
amount ordered to bepaid under this section.566National regulationsThe
national regulations may prescribe—(a)the
circumstances in which the Regulator must apply tothe
Registrar of Personal Property Securities under thePersonalPropertySecuritiesAct2009oftheCommonwealthtoregister,amendorcancelaninstrument in relation to a sample or thing
referred to inthis Division; andPage 510Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)thepriorityinwhichtheproceedsofthedisposalofanything under this Division are to be
applied.Division 4Information-gathering powers567Power to require name, address and
date of birth(1)This section applies if an authorised
officer—(a)finds a person committing an offence
against this Law;or(b)finds a person
in circumstances that lead the officer toreasonably
suspect the person has committed an offenceagainst this
Law; or(c)hasinformationthatleadstheofficertoreasonablysuspect a person
has committed an offence against thisLaw; or(d)reasonably suspects a person is or was
the driver of orother person in charge of a heavy vehicle
that has beenor may have been involved in an incident
involving thedeath of, or injury to, a person or damage
to property; or(e)reasonably suspects a person is or may
be a responsibleperson for a heavy vehicle; or(f)reasonably suspects a person is or may
be able to help inthe investigation of an offence against this
Law.(2)Theauthorisedofficermayrequirethepersontostatetheperson’s name, address and date of
birth.(3)Theauthorisedofficermayalsorequirethepersontogiveevidence of the
correctness of the stated name, address or dateof birth
if—(a)theofficerreasonablysuspectsthatthestatedname,address or date of birth is incorrect;
and(b)in the circumstances, it would be
reasonable to expectthe person to—Current as at [Not
applicable]Page 511
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(i)be in possession
of evidence of the correctness ofthe stated name,
address or date of birth; or(ii)otherwise be able to give the
evidence.(4)A person of whom a requirement is made
under subsection (2)or (3) must comply with the
requirement, unless the personhas a reasonable
excuse.Maximum penalty—$3000.(5)Ifapersonofwhomarequirementismadeundersubsection (2) or (3) requests, when the
requirement is made,theauthorisedofficertoproducetheofficer’sidentificationdetails, the
officer must as soon as practicable produce for theinspection of the person—(a)foranauthorisedofficerwhoisapoliceofficer—anidentity card or
other document evidencing the officer’sappointment as a
police officer; or(b)for an authorised officer who is not a
police officer—theidentitycardissuedtotheofficerunderthisLaworanother document evidencing the
officer’s appointmentas an authorised officer.(6)Subsection (5)(a) does not apply to a
police officer in uniform.(7)In a proceeding
for an offence of contravening a requirementmade under
subsection (2) to state a business address, it is adefence for the person charged to prove
that—(a)the person did not have a business
address; or(b)theperson’sbusinessaddresswasnotconnected,directlyorindirectly,withroadtransportinvolvingheavy
vehicles.(8)This section does not authorise an
authorised officer to imposea requirement
under this section in relation to an incident thatinvolvesthedeathof,orinjuryto,apersonunlesstheauthorised officer is a police
officer.(9)In this section—address,ofaperson,includestheperson’sresidentialandbusinessaddressand,forapersontemporarilyinthisPage 512Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedulejurisdiction, includes the place where the
person is living inthis jurisdiction.568Power
to require production of document etc. required tobe in
driver’s possession(1)This section applies if a heavy
vehicle—(a)is stationary on a road; or(b)is in or at a place entered by an
authorised officer underPart 9.2; or(c)has
been stopped under section 513.(2)An
authorised officer may, for compliance purposes, requirethe
driver of the heavy vehicle to produce for inspection by theofficer—(a)ifthedriverisrequiredbyanotherlawofthisjurisdictiontokeeptheirdriverlicenceintheirpossession while
driving the vehicle—the driver’s driverlicence;
or(b)a document, device or other thing the
driver is requiredunder this Law to keep in the driver’s
possession whiledriving the vehicle.Examples—•a copy of a Commonwealth Gazette
notice or permit•a work diaryNote—Section 17 of Schedule 1 and section 490
deal with the production ofdocuments and
other information kept electronically.(3)A
person of whom a requirement is made under subsection (2)mustcomplywiththerequirement,unlessthepersonhasareasonable excuse.Maximum
penalty—(a)for a requirement under paragraph
(2)(a)—$6000; or(b)for a requirement under paragraph
(2)(b)—an amountequaltotheamountofthemaximumpenaltyforanCurrent as at [Not
applicable]Page 513
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Scheduleoffence of
failing to keep the document, device or otherthing in the
driver’s possession.(4)It is not a
reasonable excuse for the person to fail to complywith
a requirement made under subsection (2)—(a)thatthepersondoesnothavethelicence,document,deviceorotherthinginhisorherimmediatepossession;
or(b)thatcomplyingwiththerequirementmighttendtoincriminatethepersonormakethepersonliabletoapenalty.Note—Section 587 also
deals with self-incrimination when complying with arequirement of an authorised officer.(5)The authorised officer may—(a)take a copy of, or an extract from, a
licence or documentmentioned in subsection (2); or(b)produceanimageorwritingfromadocumentmentionedinsubsection (2)thatisanelectronicdocument;
or(c)take an extract from a device or other
thing mentioned insubsection (2), including, for
example—(i)by taking a copy of, or an extract
from, a readout orother data obtained from the device or other
thing;or(ii)byaccessinganddownloadinginformationfromthe
device or other thing; or(d)seizeadocument,deviceorotherthingmentionedinsubsection (2)iftheauthorisedofficerreasonablybelievesthedocument,deviceorotherthingmayprovide evidence of an offence against
this Law.(6)If, under subsection (5), the
authorised officer copies, takes anextract from, or
produces an image or writing from, a licenceordocumentoranentryinadocument,theofficermayrequirethepersonresponsibleforkeepingthelicenceorPage
514Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Scheduledocumenttocertifythecopyasatruecopyofthelicence,document or entry.(7)A
person of whom a requirement is made under subsection (6)mustcomplywiththerequirement,unlessthepersonhasareasonable excuse.Maximum
penalty—$3000.(8)If a licence, document, device or
other thing is produced to anauthorised
officer under this section and it is not seized undersubsection (5)(d), the officer must return
it to the person whoproduced it—(a)as
soon as practicable after the officer inspects it; or(b)if the officer takes a copy of,
extract from, or producesan image or writing from, it under
subsection (5)(a), (b)or (c), as soon as practicable after
the copy or extract istaken or the image or writing is
produced.(9)However,ifarequirementismadeofthepersonundersubsection (6)foradocument,theauthorisedofficermaykeepthedocumentuntilthepersoncomplieswiththerequirement.569Power
to require production of documents etc. generally(1)An authorised officer may require a
responsible person for aheavyvehicletomakeavailableforinspectionbyanauthorised officer, or to produce to
an authorised officer forinspection, at a reasonable time and
place nominated by theofficer—(a)a
document issued to the person under this Law; or(b)a document, device or other thing
required to be kept bythepersonunderthisLaworaheavyvehicleaccreditation; or(c)transportdocumentationorjourneydocumentationinthe
person’s possession or under the person’s control; or(d)adocumentintheperson’spossessionorundertheperson’s control relating to—Current as at [Not applicable]Page
515
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(i)theuse,performanceorconditionofaheavyvehicle;
or(ii)the ownership,
insurance, licensing or registrationof a heavy
vehicle; or(iii)theloadorequipmentcarriedorintendedtobecarried by a heavy vehicle, including,
for example,adocumentrelatingtoinsuranceoftheloadorequipment; or(e)adocumentintheperson’spossessionorundertheperson’s control relating to any business
practices; or(f)adocumentintheperson’spossessionorundertheperson’s control showing that a heavy
vehicle’s garageaddress recorded on a vehicle register,
however named,kept under another Australian road law is or
is not thevehicle’s actual garage address.Note—Section 17 of
Schedule 1 and section 490 deal with the production ofdocuments and other information kept
electronically.(2)A person of whom a requirement is made
under subsection (1)mustcomplywiththerequirement,unlessthepersonhasareasonable excuse.Maximum
penalty—$6000.(3)If,undersubsection(1),anauthorisedofficerrequiresaresponsible person to make available or
produce an electronicdocument—(a)theauthorisedofficermayrequiretheresponsibleperson 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 thedocument in the way required under paragraph
(a).Notes—1See
the definitions document and printed in section 12 of
Schedule1.Page 516Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly2Section17ofSchedule1andsection490alsodealwiththeproduction of documents and other
information kept electronically.(4)It
is not a reasonable excuse for the person to fail to complywith
a requirement made under subsection (1) that complyingwith
the requirement might tend to incriminate the person ormake
the person liable to a penalty.Notes—1Section587alsodealswithself-incriminationwhencomplyingwith a
requirement of an authorised officer.2Section 588 deals with the admissibility of
information provided incomplying with a requirement under
this section.(5)The authorised officer may—(a)takeacopyof,oranextractfrom,adocumentmentioned in
subsection (1); or(b)produceanimageorwritingfromadocumentmentionedinsubsection (1)thatisanelectronicdocument;
or(c)take an extract from a device or other
thing mentioned insubsection (1)(b), including, for
example—(i)by taking a copy of, or an extract
from, a readout orother data obtained from the device or other
thing;or(ii)byaccessinganddownloadinginformationfromthe
device or other thing; or(d)seizeadocument,deviceorotherthingmentionedinsubsection (1)iftheauthorisedofficerreasonablybelievesthedocument,deviceorotherthingmayprovide evidence of an offence against
this Law.(6)If, under subsection (5), the
authorised officer copies, takes anextractfrom,orproducesanimageorwritingfrom,adocument or an entry in a document,
the officer may requirethe person responsible for keeping the
document to certify thecopy as a true copy of the document or
entry.(7)A person of whom a requirement is made
under subsection (6)mustcomplywiththerequirement,unlessthepersonhasareasonable excuse.Current as at [Not
applicable]Page 517
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012ScheduleMaximum
penalty—$3000.(8)Ifadocument,deviceorotherthingisproducedtoanauthorised officer under this section
and it is not seized undersubsection (5)(d), the officer must
return it to the person whoproduced
it—(a)as soon as practicable after the
officer inspects it; or(b)if the officer
takes a copy of, extract from, or producesan image or
writing from, it under subsection (5)(a), (b)or (c), as soon
as practicable after the copy or extract istaken or the
image or writing is produced.(9)However,ifarequirementismadeofthepersonundersubsection (6)foradocument,theauthorisedofficermaykeepthedocumentuntilthepersoncomplieswiththerequirement.570Power
to require information about heavy vehicles(1)An
authorised officer may, for compliance purposes, require aresponsible person for a heavy vehicle to
give the officer—(a)information about the vehicle or any
load or equipmentcarried or intended to be carried by the
vehicle; or(b)personal details known to the
responsible person aboutany other responsible person for the
vehicle; or(c)personal details known to the
responsible person aboutanyone else the responsible person
reasonably believesholds information about the heavy
vehicle.Note—Section 17 of
Schedule 1 and section 490 deal with the production ofdocuments and other information kept
electronically.(2)Without limiting subsection (1), a
responsible person who isassociatedwithaparticularvehiclemayberequiredtoprovide information about a past,
current or intended journeyof the vehicle,
including, for example, the following—(a)the
location of the start or intended start of the journey;(b)the route or intended route of the
journey;Page 518Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(c)the location of the destination or
intended destination ofthe journey.(2A)Anauthorisedofficerrequiringpersonaldetailsundersubsection(1)(c)mustgivetheresponsiblepersonanoticestating—(a)that the requirement is made under
this section; and(b)that failing to comply with the
requirement is an offence;and(c)thetime,thatisreasonableinthecircumstances,inwhich the person must give the personal
details; and(d)the effect of subsection (5A) and
section 735A.(3)A person of whom a requirement is made
under subsection (1)mustcomplywiththerequirement,unlessthepersonhasareasonable excuse.Maximum
penalty—$6000.(4)Withoutlimitingwhatmaybeareasonableexcuseforthepurposes of
subsection (3), in a proceeding for an offence ofcontraveningarequirementundersubsection (1),itisadefence for the
person charged to prove that the person did notknow,andcouldnotbereasonablyexpectedtoknoworascertain, the required information.(5)It is not a reasonable excuse for a
person to fail to complywith a requirement made under
subsection (1) that complyingwith the
requirement might tend to incriminate the person ormake
the person liable to a penalty.Note—Section 587 also deals with
self-incrimination when complying with arequirement of
an authorised officer.(5A)However,thefollowinginformationisnotadmissibleasevidenceagainstanindividualinacivilorcriminalproceeding,
other than a proceeding for false or misleadinginformation—(a)information,otherthaninformationintheformofadocument, that the individual gives in
complying with arequirement under subsection (1)(c);Current as at [Not applicable]Page
519
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)informationthatisdirectlyorindirectlyderivedfrominformation to
which paragraph (a) applies.Note—Section588dealswiththeadmissibilityofinformationprovidedincomplying with a requirement under
subsection (1)(a) and (b).(6)In this
section—personal details, about a
responsible person, means—(a)the person’s
name; or(b)the person’s residential address or
business address.responsible person, for a heavy
vehicle, for the exercise of apowerunderthissectioninrelationtoaspeedingoffence,does
not include—(a)a person mentioned in section 5,
definitionresponsibleperson,
paragraph (i), (j), (k) or (n); orNote—Those paragraphs deal with persons who pack,
load or unloadgoodsorcontainers,andownersandoperatorsetc.ofweighbridges or weighbridge
facilities.(b)an employer, employee, agent or
subcontractor of thatperson.speeding
offencemeans an offence committed by the
driverof a heavy vehicle because the driver
exceeded a speed limitapplying to the driver.570ARequiring information(1)Thissectionappliesifanauthorisedofficerreasonablybelievesthatapersoniscapableofgivinginformation,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)thatwillassisttheauthorisedofficertomonitororenforce compliance with—Page 520Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(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 ofdocuments and
other information kept electronically.(2)The
authorised officer may, by notice, require the person togive
the information, documents or evidence to the authorisedofficer.(3)If
the authorised officer, despite reasonable diligence, has
notbeenabletoobtaintheinformation,documentsorevidenceundersubsection(2),theauthorisedofficermay,bynoticegiven to the
person, require the person to do either or both ofthe
following—(a)giveinformationorproducedocumentstotheauthorised
officer within the time and in the way statedin the
notice;(b)appearbeforeapersonappointedbytheauthorisedofficer on a
day, and at a time and place, stated in thenotice and give
oral evidence.(4)The notice must state—(a)that—(i)the
requirement is made under this section; and(ii)failingtocomplywiththerequirementisanoffence; and(b)if
the notice requires the person to give information orproducedocumentstotheauthorisedofficer—thetimeandway,thatisreasonableinthecircumstances,inwhichthepersonmustgivetheinformationordocuments; and(c)if
the notice requires the person to give oral evidence—(i)the day, time and place, that is
reasonable in thecircumstances, for the person to appear
before theperson appointed by the authorised officer;
andCurrent as at [Not applicable]Page
521
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(ii)thatthepersonmayappearwithanAustralianlegal
practitioner; and(d)the effect of—(i)subsections (7) and (8); and(ii)section
735A.(5)Thepersonmustcomplywitharequirementunderthissection, unless
the person has a reasonable excuse.Maximum
penalty—$10000.(6)It is not a reasonable excuse for the
person to fail to complywith a requirement made under this
section on the ground thatcomplying with the requirement might
tend to incriminate theperson or make the person liable to a
penalty.Note—Section 587 also
deals with self-incrimination when complying with arequirement of an authorised officer.(7)However, the following information,
documents and evidenceare not admissible as evidence against
an individual in a civilor criminal proceeding, other than a
proceeding for false ormisleading information—(a)information, documents and evidence
that the individualgivesincomplyingwitharequirementunderthissection;(b)information, documents and evidence
that is directly orindirectlyderivedfrominformation,documentsorevidence mentioned in paragraph
(a).(8)An authorised officer may act under
this section only if—(a)foranauthorisedofficerwhoisapoliceofficer—theofficerhastherelevantpolicecommissioner’swrittenauthority to act under this section;
or(b)for an authorised officer who is not a
police officer—theofficer’sinstrumentofappointmentprovidesthattheauthorised officer may act under this
section.Page 522Current as at
[Not applicable]
Division 5Heavy Vehicle
National Law Act 2012ScheduleImprovement
noticesNotauthorised—indicativeonly571Authorised officers to whom Division
applies(1)This Division applies to an authorised
officer who is a policeofficeronlyifthepoliceofficerhastherelevantpolicecommissioner’swrittenauthoritytoissueimprovementnotices under
this Division.(2)ThisDivisionappliestoanauthorisedofficerwhoisnotapolice officer only if the officer’s
instrument of appointmentprovidesthattheauthorisedofficermayissueimprovementnotices under
this Division.572Improvement notices(1)Thissectionappliesifanauthorisedofficerreasonablybelievesapersonhascontravenedoriscontraveningaprovision of this Law in circumstances that
make it likely thatthe contravention will continue or be
repeated.(2)Theauthorisedofficermaygivethepersonanotice(animprovementnotice)requiringthepersontotakeactionwithinastatedperiodtostopthecontraventionfromcontinuingoroccurringagainortoremedythemattersoractivities occasioning the
contravention.(3)The period stated in the improvement
notice within which theperson is required to comply with the
notice must be at least 7days after the notice is given unless
the authorised officer issatisfied it is reasonable to require
the person to comply withthe notice in a shorter period
because—(a)itisreasonablypracticableforthepersontocomplywith the notice
within the shorter period; and(b)requiringthepersontocomplywiththenoticewithinthe
shorter period is not likely to involve—(i)ahighercosttothepersontocomplywiththenotice; or(ii)amoreadverseeffectontheperson’sbusinessoperations.Current as at [Not
applicable]Page 523
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(4)The
improvement notice must be in the approved form andstate the following—(a)thattheauthorisedofficerreasonablybelievestheperson has contravened or is
contravening a provision ofthisLawincircumstancesthatmakeitlikelythatthecontravention will continue or be
repeated;(b)the reasons for that belief;(c)the provision of this Law in relation
to which that beliefis held;(d)that
the person must take action within a stated period tostopthecontraventionfromcontinuingoroccurringagain or to
remedy the matters or activities occasioningthe
contravention;(e)thereviewandappealinformationforthedecisiontogive
the notice;(f)that the notice is given under this
section.(5)The improvement notice may state the
way the action is to betaken.573Contravention of improvement notice(1)A person given an improvement notice
must comply with thenotice, unless the person has a
reasonable excuse.Maximum penalty—$10000.(2)In a
proceeding for an offence against subsection (1), it is adefenceforthepersonchargedtoprovethattheallegedcontravention,orthemattersoractivitiesoccasioningthealleged contravention, were remedied within
the period statedin the improvement notice, though in a way
different to thatstated in the notice.(3)A
person who is given an improvement notice in relation to acontravention of a provision of this Law can
not be proceededagainstforanoffenceconstitutedbythecontraventionunless—Page
524Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012Schedule(a)the person fails to comply with the
improvement noticeanddoesnothaveareasonableexcuseforthenoncompliance;
or(b)the improvement notice is revoked
under section 575.Notauthorised—indicativeonly574Amendment of improvement notice(1)An improvement notice given by an
authorised officer who isapoliceofficermaybeamendedbyanyauthorisedofficerwhoisapoliceofficerandwhohastherelevantpolicecommissioner’swrittenauthoritytoissueimprovementnotices under
this Division.(2)An improvement notice given by an
authorised officer who isnot a police officer may be amended by
any authorised officerwho is not a police officer.(3)An amendment of an improvement notice
given to a person isineffectivetotheextentitpurportstodealwithacontravention of a different provision
of this Law to that dealtwith in the improvement notice when
first given.(4)Ifanauthorisedofficerdecidestoamendanimprovementnoticegiventoaperson,theofficermustgivethepersonnotice of the
amendment stating the following—(a)the
amendment;(b)the reasons for the amendment;(c)thereviewandappealinformationforthedecisiontoamend the improvement notice.Note—Section 23 of
Schedule 1 allows for the amendment of an improvementnotice.575Revocation of an improvement notice(1)Animprovementnoticegiventoapersonbyanauthorisedofficerwhoisapoliceofficermayberevoked,bygivingnotice of the
revocation to the person, by—(a)the
relevant police commissioner; orCurrent as at [Not
applicable]Page 525
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)an
authorised officer who—(i)is a police
officer; and(ii)hastherelevantpolicecommissioner’swrittenauthority to issue improvement notices under
thisDivision; and(iii)ismoreseniorinranktothepoliceofficerwhogave the notice to the person.(2)AnimprovementnoticegiventoapersonbyanauthorisedofficerwhoisnotapoliceofficermayberevokedbytheRegulator by
giving notice of the revocation to the person.(3)Section 23ofSchedule 1doesnotapplyinrelationtotherevocation of the improvement
notice.576Clearance certificate(1)Anapprovedauthorisedofficermayissueacertificate(aclearance certificate) stating that
all or stated requirements ofan improvement
notice have been complied with.(2)If a
person to whom an improvement notice is given receives aclearancecertificateabouttheimprovementnotice,eachrequirementoftheimprovementnoticethatthecertificatestates has been
complied with stops being operative.(3)In
this section—approved authorised officermeans—(a)foranimprovementnoticegivenbyanauthorisedofficer who is a
police officer—any authorised officerwho is a police
officer and who has the relevant policecommissioner’s
written authority to issue improvementnotices under
this Division; or(b)foranimprovementnoticegivenbyanauthorisedofficerwhoisnotapoliceofficer—anyauthorisedofficer who is
not a police officer.Page 526Current as at
[Not applicable]
Division 5AHeavy Vehicle
National Law Act 2012ScheduleProhibition
noticesNotauthorised—indicativeonly576APower to issue prohibition
notice(1)Thissectionappliesifanauthorisedofficerreasonablybelieves that an
activity involving a heavy vehicle—(a)is
occurring and involves, or will involve, an immediateorimminentseriousrisktothehealthorsafetyofaperson; or(b)may
occur and, if it occurs, will involve an immediate orimminent serious risk to the health or
safety of a person.(2)The authorised officer may give a
person who has control overtheactivityadirectionprohibitingthecarryingonoftheactivity, or the
carrying on of the activity in a specified way,untilanauthorisedofficerissatisfiedthatthemattersthatgive
or will give rise to the risk have been remedied.(3)The direction may be given orally, but
must be confirmed bywrittennotice(aprohibitionnotice)giventothepersonassoon
as practicable.576BContents of prohibition notice(1)A prohibition notice must
state—(a)that the authorised officer believes
that grounds for theissue of the prohibition notice exist
and the basis for thatbelief; and(b)briefly,theactivitythattheauthorisedofficerbelievesinvolves or will
involve the risk and the matters that giveor will give
rise to the risk; and(c)theprovisionofthisLawthattheauthorisedofficerbelieves is being, or is likely to be,
contravened by thatactivity.(2)A
prohibition notice may include directions on the measuresto
be taken to remedy the risk, activities or matters to whichthe
notice relates, or the contravention or likely contraventionmentioned in subsection (1)(c).Current as at [Not applicable]Page
527
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(3)Withoutlimitingsection576A,aprohibitionnoticethatprohibits the
carrying on of an activity in a specified way maydo
so by stating 1 or more of the following—(a)a
heavy vehicle, or part of a heavy vehicle, in which theactivity is not to be carried out;(b)anythingthatisnottobeusedinconnectionwiththeactivity;(c)any
procedure that is not to be followed in connectionwith
the activity.576CCompliance with prohibition
noticeApersongivenadirectionundersection576A(2)oraprohibition
notice must comply with the direction or notice.Maximum penalty—$10000.Division
5BInjunctions576DApplication of Div 5BIn this
Division—noticemeans an
improvement notice or a prohibition notice.576EInjunction for noncompliance with
notice(1)An authorised officer may apply to the
Supreme Court for aninjunction—(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)whetherornotaproceedinghasbeenbroughtforanoffence against
this Law in connection with any matterin relation to
which the notice was issued; andPage 528Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)whether any period for compliance with
the notice hasexpired.(3)Anauthorisedofficermaymakeanapplicationunderthissection only
if—(a)foranauthorisedofficerwhoisapoliceofficer—theofficerhastherelevantpolicecommissioner’swrittenauthority to make the application; or(b)for an authorised officer who is not a
police officer—theofficer’sinstrumentofappointmentprovidesthattheauthorised officer may make the
application.Division 6Power to require
reasonable help577Power to require reasonable
help(1)An authorised officer who enters a
place under this Chaptermay require an occupier of the place
or a person at the place togive the officer
reasonable help to exercise a power under thisChapter.(2)AnauthorisedofficerwhoisexercisingapowerunderthisChapter in
relation to a heavy vehicle on a road may requirethevehicle’sdrivertogivetheofficerreasonablehelptoexercise the power.(3)Withoutlimitingsubsection (1)or(2),arequirementunderthe
subsection may be that the occupier, person or driver—(a)produceadocumentorgiveinformationtotheauthorised officer; orExample—Theauthorisedofficerwishestoobtaininformationrelatingtothepurpose of the
entry. Information of that type is stored or recorded on acomputer at the place. The authorised
officer may require the occupierto give
reasonable help to produce a reproduction of the informationfrom
the computer.Note—Section 17 of
Schedule 1 and section 490 deal with the production ofdocuments and other information kept
electronically.Current as at [Not applicable]Page
529
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(b)help the
authorised officer to find and gain access to adocumentorinformation,includingelectronicallystored
information; orExamples of documents or information—•a document about the heavy vehicle’s
performance, specifications(includingthedimensionsandotherphysicalattributesofthevehicleoritsfittings),functionalcapabilities(includingthevehicle’sGVM,GCMandspeedcapabilities)orauthorisedoperations
required to be kept in the vehicle under this Law or aheavy vehicle accreditation•aweighingdocumentforacontainerloadedontotheheavyvehicle•a telephone record(c)help
the authorised officer to weigh or measure—(i)a
heavy vehicle or a component of a heavy vehicle;or(ii)thewholeorpartofaheavyvehicle’sloadorequipment; or(d)startorstoptheengineofaheavyvehicleundersection 523;
or(e)helptheauthorisedofficertooperateequipmentorfacilitiesforapurposerelevanttothepowerbeingorproposed to be exercised; or(f)provideaccessfreeofchargetophotocopyingequipmentforthepurposeofcopyinganyrecordsorother material.(4)A
person of whom a requirement is made under subsection (1)or
(2) must comply with the requirement, unless the personhas
a reasonable excuse.Maximum penalty—$10000.(5)Withoutlimitingwhatmaybeareasonableexcuseforthepurposesofsubsection (4),itisareasonableexcuseforapersonnottocomplywitharequirementmadeundersubsection (1)
or (2) if doing so would require the person totake action that
is outside the scope of the business or otheractivities of
the person.Page 530Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(6)It is not a reasonable excuse for a
person to fail to complywitharequirementmadeundersubsection
(1)or(2),inrelation to a document or information that
is the subject of therequirement, if doing so might tend to
incriminate the personor make the person liable to a
penalty.Notes—1Section587alsodealswithself-incriminationwhencomplyingwith a
requirement of an authorised officer.2Section 588 deals with the admissibility of
information provided incomplying with a requirement under
this section.(7)If a requirement made under subsection
(1) or (2) is that theoccupier of, or person at, a place
start or stop the engine of aheavy
vehicle—(a)it is immaterial that the occupier or
person is not—(i)the operator of the vehicle; or(ii)authorised by
the operator to drive the vehicle orstart or stop
its engine; or(iii)qualifiedtodrivethevehicleorstartorstopitsengine; and(b)instartingorstoppingtheengineofthevehicleincompliance with the requirement, the
occupier or personis exempt from a provision of an Australian
road law tothe extent the provision would require the
occupier orperson to be qualified to start or stop the
engine.Part 9.5Provisions about
exercise ofpowersDivision 1Damage in exercising powers578Duty to minimise inconvenience or
damage(1)In exercising a power under this Law,
an authorised officermustexercisereasonablediligencetocauseaslittleinconvenience,
and do as little damage, as possible.Current as at [Not
applicable]Page 531
Heavy
Vehicle National Law Act 2012Schedule(2)Subsection (1)doesnotprovideforastatutoryrightofcompensation other than as provided
under Division 2.Note—Division 2
provides for compensation for costs, damage or loss incurredbecause of the exercise of a power by an
authorised officer under thisChapter.Notauthorised—indicativeonly579Restoring damaged
thing(1)This section applies if—(a)anauthorisedofficerdamagessomethingwhenexercising, or
purporting to exercise, a power under thisLawandthedamagewascausedbyanimproperorunreasonableexerciseofthepowerortheuseofunauthorised force; or(b)aperson(theassistant)actingunderthedirectionorauthorityofanauthorisedofficerdamagessomethingandthedamagewascausedbyanimproperorunreasonableexerciseofapowerortheuseofunauthorised force.(2)The authorised officer must exercise
reasonable diligence torestore the thing to the condition it
was in immediately beforetheofficerexercisedthepower,ortheassistanttookactionunder the
officer’s direction or authority.580Notice of damage(1)This
section applies if—(a)anauthorisedofficerdamagessomethingwhenexercising, or
purporting to exercise, a power under thisLaw; or(b)aperson(theassistant)actingunderthedirectionorauthority of an authorised officer damages
something.(2)However,thissectiondoesnotapplytodamageiftheauthorised officer reasonably
believes—(a)thethinghasbeenrestoredtotheconditionitwasinimmediately before the officer exercised the
power, orPage 532Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedulethe
assistant took action under the officer’s direction orauthority; or(b)the
damage is trivial; or(c)there is no-one
apparently in possession of the thing; or(d)the
thing has been abandoned; or(e)thedamagewasnotcausedbyanimproperorunreasonableexerciseofapowerortheuseofunauthorised force.(3)The authorised officer must give
notice of the damage to theperson who
appears to the officer to be an owner, or person incontrol, of the thing.(4)However, if for any reason it is not
practicable to comply withsubsection (3), the authorised officer
must—(a)leavethenoticeattheplacewherethedamagehappened;
and(b)ensureitisleftinaconspicuouspositionandinareasonably secure way.(5)The
notice must state—(a)particulars of the damage; and(b)thatthepersonwhosufferedthedamagemayclaimcompensation
under section 581.(6)If the authorised officer believes the
damage was caused by alatent defect in the thing or
circumstances beyond the controlof the officer
or the assistant the officer may state the belief inthe
notice.(7)Theauthorisedofficermaydelaycomplyingwithsubsection
(3)or(4)iftheofficerreasonablysuspectscomplyingwiththesubsectionmayfrustrateorotherwisehinder an
investigation by the officer under this Law.(8)The
delay may be only for so long as the authorised officercontinues to have the reasonable suspicion
and remains in thevicinity of the place.Current as at [Not
applicable]Page 533
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012ScheduleDivision 2Compensation581Compensation because of exercise of
powers(1)A person may claim compensation from
the Regulator if theperson incurs costs, damage or loss
because of the exercise, orpurported
exercise, of a power by or for an authorised officer,includingcosts,damageorlossincurredbecauseofcompliance with a requirement made of the
person under thisChapter.(2)However, subsection (1) does not
apply—(a)tocosts,damageorlossincurredbecauseofalawfulseizure or
forfeiture; or(b)ifthecosts,damageorlosswasnotcausedbyanimproper or unreasonable exercise of a
power or the useof unauthorised force.(3)Thecompensationmaybeclaimedandorderedinaproceeding—(a)brought in a court with jurisdiction for the
recovery ofthe amount of compensation claimed;
or(b)for an offence against this Law in
relation to which thepower was exercised or purportedly
exercised.(4)A court may order the payment of
compensation only if it issatisfied it is just to make the order
in the circumstances of theparticular
case.(5)Inconsideringwhetheritisjusttoordercompensation,thecourt must have regard to any relevant
offence committed bythe claimant.(6)The
national regulations may prescribe other matters that may,or
must, be taken into account by the court when consideringwhether it is just to order
compensation.Page 534Current as at
[Not applicable]
Notauthorised—indicativeonlyDivision 3Heavy Vehicle
National Law Act 2012ScheduleProvision about
exercise ofparticular powers582Duty
to record particular information in driver’s workdiary(1)This
section applies if, under this Law, an authorised officerdirects the driver of a fatigue-regulated
heavy vehicle to stopthe vehicle for compliance
purposes.(2)If, for the exercise or purported
exercise of a power under thisLaw, the
authorised officer detains the driver for 5 minutes orlonger, the driver may ask the officer to
record the followingdetails in the driver’s work
diary—(a)the officer’s identifying
details;(b)the time, date and place at which the
driver stopped theheavy vehicle in compliance with the
officer’s direction;(c)the length of
time the driver spent talking to the officerin the exercise
or purported exercise of a power underthis Law.(3)The authorised officer must comply
with the request.(4)Anauthorisedofficercomplieswithsubsection (2)(a)byrecording either his or her name, or his or
her identificationnumber.Part 9.6Miscellaneous provisionsDivision 1Powers of Regulator583Regulator may exercise powers of authorised
officers(1)TheRegulatormayexerciseapowerthatisconferredonauthorisedofficersunderthisLaw,andaccordinglythefunctions of the Regulator include the
powers exercisable bythe Regulator under this
subsection.Current as at [Not applicable]Page
535
Heavy
Vehicle National Law Act 2012Schedule(2)Subsection (1)doesnotapplytoapowerthatrequiresthephysical presence of an authorised
officer.Notauthorised—indicativeonlyDivision 2Other offences
relating toauthorised officers584Obstructing authorised officer(1)A person must not obstruct—(a)an authorised officer, or someone
helping an authorisedofficer, exercising a power under this
Law; or(b)anassistantmentionedinsection 518,519or523exercising a
power under that section.Maximum penalty—$10000.(2)In this section—obstructincludesassault,hinder,resist,attempttoobstructand threaten to
obstruct.585Impersonating authorised
officerA person must not impersonate an authorised
officer.Maximum penalty—$10000.Division 3Other provisions586Multiple requirementsAn authorised
officer may—(a)on the same occasion—(i)givemorethan1directionornoticeto,ormakemorethan1requirementof,apersonunderaprovision of this Chapter; or(ii)give a direction
or notice to, or make a requirementof, a person
under a provision of this Chapter andPage 536Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedulegive
a direction or notice to, or make a requirementof, the person
under 1 or more other provisions ofthis Chapter;
or(b)give a direction or notice to, or make
a requirement of, aperson under a provision and give a further
direction ornotice to, or make a further requirement of,
the personunder the same provision; or(ba)give a notice to
a person in relation to a heavy vehicleunder a
provision of this Chapter and give a notice to aperson in relation to the same heavy vehicle
under thesameprovisionor1ormoreotherprovisionsofthisChapter;
or(c)makeacombinationofdirections,noticesorrequirements under paragraph (a)(i) or
(ii), (b) or (ba).587Compliance with particular
requirements(1)A person is not excused from
compliance with a requirementimposedbyanauthorisedofficerunderthisChapterontheground that compliance might
incriminate the person or makethe person
liable to a penalty.(2)Subsection (1)
has effect subject to section 588.588Evidential immunity for individuals
complying withparticular requirements(1)This
section applies to a requirement made by an authorisedofficerundersection 569(1)(c)to(f),570(1)(a)and(b)or577.(2)Thefollowingisnotadmissibleinevidenceagainstanindividual in a criminal proceeding
(except a proceeding foran offence against this
Chapter)—(a)information,otherthaninformationintheformofadocument,thattheindividualgivesincomplyingwiththe
requirement;(b)informationthatisdirectlyorindirectlyderivedfrominformation to
which paragraph (a) applies.Current as at [Not
applicable]Page 537
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(3)Any
document produced by an individual in compliance withtherequirementisnotinadmissibleinevidenceagainsttheindividualinacriminalproceedingonthegroundthatthedocument might incriminate the
individual.(4)Subsection (2) does not apply to a
proceeding about the falseormisleadingnatureofanythingintheinformationorinwhichthefalseormisleadingnatureoftheinformationisrelevant evidence.589Effect of withdrawal of consent to enter
under thisChapter(1)This
section applies if—(a)an authorised officer enters a place
with the occupier’sconsent and has obtained evidence at the
place; but(b)the occupier’s consent is later
withdrawn.(2)The evidence obtained (including any
evidence seized) up tothetimetheconsentiswithdrawnisnotinvalidorinadmissible in proceedings for a
contravention of this Lawmerely because the consent was
withdrawn.Chapter 10Sanctions and
provisionsabout liability for offencesPart
10.1Formal warnings590Formal warning(1)Thissectionappliesifanauthorisedofficerreasonablybelieves—(a)a person has contravened this Law;
andPage 538Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(b)thepersonhadexercisedreasonablediligencetopreventthecontraventionandwasunawareofthecontravention; and(c)thecontraventionmayappropriatelybedealtwithbyway of a warning under this
section.(2)The authorised officer may give the
person a written warning.(3)However, a
warning must not be given for—(a)acontraventionofamass,dimensionorloadingrequirementconstitutingasubstantialriskbreachorsevere risk breach; or(b)a
contravention of a maximum work requirement or aminimum rest requirement constituting a
substantial riskbreach, severe risk breach or a critical
risk breach.(4)Subjecttosubsection (6),ifawarningisgiventoapersonunder this
section for a contravention of this Law, the personcan
not be proceeded against for an offence against this Lawconstituted by the contravention.(5)A warning given under this section
may, within 21 days afterit is given, be withdrawn by an
approved authorised officer bygiving the
person to whom the warning was given notice ofthe
withdrawal.(6)After a warning given under this
section is withdrawn undersubsection (5), a proceeding may be
taken against the persontowhomthewarningwasgivenforthecontraventionforwhich the warning was given.(7)In this section—approved
authorised officermeans—(a)for
a warning given under this section by an authorisedofficerwhoisapoliceofficer—anauthorisedofficerwho
is a police officer and who has the relevant policecommissioner’s written authority to withdraw
warningsgiven under this section; or(b)for a warning given under this section
by an authorisedofficer who is not a police officer—an
authorised officerwhoseinstrumentofappointmentprovidesthattheCurrent as at [Not applicable]Page
539
Heavy
Vehicle National Law Act 2012Scheduleauthorised officer may withdraw warnings
given underthis section.proceedingincludes action
by way of an infringement notice.Notauthorised—indicativeonlyPart 10.1AEnforceable
undertakings590AAccepting undertaking(1)This section applies if a person
contravenes or is alleged tohave contravened
this Law, other than section 26F.(2)TheRegulatororanauthorisedofficer(thepromisee)mayaccept an
undertaking made by the person in relation to thecontravention or alleged
contravention.(3)The undertaking must be in the
approved form.(4)The promisee may accept the
undertaking only if the promiseereasonablybelievestheundertakingwillensurethepersoncomplies with
this Law.(5)The promisee may accept the
undertaking at any time beforetheproceedingforthecontravention,orallegedcontravention,
ends.(6)If the promisee accepts an undertaking
before the proceedingends, the promisee must use reasonable
diligence to have theproceeding discontinued as soon as
possible.(7)The promisee must give the person
written notice of—(a)thepromisee’sdecisiontoacceptorrejecttheundertaking; and(b)the
reasons for the decision.(8)IfthepromiseedecidestoaccepttheundertakingandthepromiseeisnottheRegulator,thepromiseemustgivethefollowingdocumentstotheRegulatorwithin28daysafteraccepting the undertaking—(a)a copy of the undertaking;(b)a statement of the reasons for the
promisee’s decision toaccept the undertaking.Page
540Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(9)The Regulator must publish the
following information on theRegulator’s
website—(a)apromisee’sdecisiontoacceptanundertakingunderthis
section;(b)the reasons for the decision.(10)An authorised
officer may act under this section only if—(a)foranauthorisedofficerwhoisapoliceofficer—theofficerhastherelevantpolicecommissioner’swrittenauthority to act under this section;
or(b)for an authorised officer who is not a
police officer—theofficer’sinstrumentofappointmentprovidesthattheauthorised officer may act under this
section.590BEffect of undertaking(1)An undertaking takes effect—(a)when the promisee gives notice of the
decision to accepttheundertakingtothepersonwhomadetheundertaking; or(b)at a
later time stated in the notice.(2)Whiletheundertakingisineffect,thepersonmustcomplywith the
undertaking.Maximum penalty—$10000.(3)If
the person complies with the undertaking, no proceeding forthecontraventionorallegedcontraventionmaybetakenagainst the
person.(4)The offer to make, or the making of,
an undertaking is not anadmission of guilt by the person
offering to make, or making,the
undertaking.590CWithdrawing or changing
undertaking(1)The person who made an undertaking
may, at any time, withthe written agreement of the
promisee—(a)withdraw the undertaking; orCurrent as at [Not applicable]Page
541
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)change the undertaking.(2)However,theprovisionsoftheundertakingmaynotbechangedtoprovideforadifferentcontraventionorallegedcontravention of
this Law.(3)If the promisee is not the Regulator,
the promisee must givenotice of the withdrawal or change of
the undertaking to theRegulator.(4)TheRegulatormustpublishnoticeofthewithdrawalorchange on the Regulator’s website.590DContravening undertaking(1)The promisee may apply to a relevant
tribunal or court for anorder if the person who made an
undertaking fails to complywith the
undertaking.(2)Iftherelevanttribunalorcourtissatisfiedthepersonhasfailed to comply with the undertaking, the
relevant tribunal orcourt, as well as imposing any
penalty, may make—(a)anorderdirectingthepersontocomplywiththeundertaking; or(b)an
order discharging the undertaking.(3)Also, the relevant tribunal or court may
make any other orderthatthetribunalorcourtconsidersappropriateinthecircumstances, including an order
directing the person to payto the
State—(a)the costs of the proceeding;
and(b)thereasonablecostsofthepromiseeinmonitoringwhether the
person complies with the undertaking in thefuture.(4)Nothing in this section prevents a
proceeding being taken forthecontraventionorallegedcontraventiontowhichtheundertaking relates.Page 542Current as at [Not applicable]
Notauthorised—indicativeonlyPart
10.2Heavy Vehicle National Law Act 2012ScheduleInfringement
notices591Infringement notices(1)An authorised officer who reasonably
believes that a personhascommittedaprescribedoffenceagainstthisLawmayservethepersonwithaninfringementnoticeissuedasanalternative to prosecution in court
for the offence.(2)Theprocedurestobefollowedinconnectionwithinfringement notices issued for the purposes
of this Law asapplied in this jurisdiction are to be the
procedures prescribedbyorundertheInfringementNoticeOffencesLawofthisjurisdiction.(3)In
this section—prescribed offencemeans an offence
prescribed by a law ofthis jurisdiction for the purposes of
this section.592Recording information about
infringement penalties(1)The Regulator
may keep a record of—(a)each
infringement notice issued for the purposes of thisLaw;
and(b)the payment of a fine sought by an
infringement noticebyapersontowhomthenoticeisissuedforthepurposes of this Law.(2)Information in a record kept under
subsection (1) may be usedonly—(a)to
accumulate aggregate data for research or education;or(b)inaproceedingrelatingtotheoffenceforwhichtheinfringement notice was issued, including,
for example,an appeal against the conviction for the
offence; or(d)for the purposes of section 601(b) or
608(b); or(e)as authorised under subsection
(3).Current as at [Not applicable]Page
543
Heavy
Vehicle National Law Act 2012Schedule(3)Information in a record kept under
subsection (1)(a) may beused by authorised officers in
connection with the exercise offunctions under
this Law.Notauthorised—indicativeonlyPart 10.3Court
sanctionsDivision 1General
provisions593Penalties court may impose(1)A court that finds a person guilty of
an offence against thisLaw may impose any 1 or more of the
penalties provided forin this Part.(2)Without limiting the court’s discretion,
when imposing 2 ormorepenaltiesunderthisPart,thecourtmusttakeintoaccount the combined effect of the penalties
imposed.(3)This Part does not limit the powers or
discretion of the courtunder another law.594Matters court must consider when imposing
sanction fornoncompliance with mass, dimension or
loadingrequirement(1)The
purpose of this section is to bring to a court’s attention
theimplications and consequences of a
contravention of a mass,dimension or loading requirement when
deciding the kind andlevel of sanction to be imposed for
the contravention.(2)In deciding the sanction, including
the level of a fine, to beimposedforthecontravention,thecourtmustconsiderthefollowing matters—(a)aminorriskbreachofamass,dimensionorloadingrequirement
involves either or both of the following—(i)an
appreciable risk of accelerated road wear;(ii)anappreciableriskofunfaircommercialadvantage;Page 544Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)a substantial risk breach of a mass,
dimension or loadingrequirement involves 1 or more of the
following—(i)a substantial risk of accelerated road
wear;(ii)anappreciableriskofdamagetoroadinfrastructure;(iii)an
appreciable risk of increased traffic congestion;(iv)an appreciable
risk of diminished public amenity;(v)a
substantial risk of unfair commercial advantage;(c)asevereriskbreachofamass,dimensionorloadingrequirement
involves 1 or more of the following—(i)an
appreciable risk of harm to public safety or theenvironment;(ii)a
serious risk of accelerated road wear;(iii)a
serious risk of damage to road infrastructure;(iv)a
serious risk of increased traffic congestion;(v)a
serious risk of diminished public amenity;(vi)a
serious risk of unfair commercial advantage.(3)This
section does not limit the matters the court may considerin
deciding the sanction for the contravention.(4)Nothinginthissectionauthorisesorrequiresthecourttoassign the contravention to a different risk
category.(5)Nothing in this section requires
evidence to be adduced abouta matter
mentioned in subsection (2).595Court
may treat noncompliance with mass, dimension orloading
requirement as a different risk category(1)If a
court is satisfied there has been a contravention of a mass,dimensionorloadingrequirementbutisnotsatisfiedthecontraventionisasubstantialriskbreachorasevereriskbreach, the court may treat the
contravention as a minor riskbreach.Current as at [Not applicable]Page
545
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(2)If a
court is satisfied there has been a contravention of a mass,dimension or loading requirement and that
the contraventionisatleastasubstantialriskbreachbutisnotsatisfiedthecontravention is a severe risk breach,
the court may treat thecontravention as a substantial risk
breach.Division 2Provisions about
imposing fines596Body corporate fines under penalty
provision(1)This section applies to a provision of
this Law that—(a)prescribes a maximum fine for an
offence; and(b)does not expressly prescribe a maximum
fine for a bodycorporatedifferenttothemaximumfineforanindividual.(2)The
maximum fine is taken only to be the maximum fine foran
individual.(3)If a body corporate is found guilty of
the offence, the courtmay impose a maximum fine of an amount
equal to 5 timesthe maximum fine for an individual.Division 2AInjunctions596AInjunctionsIf a court
convicts a person of an offence against this Law, thecourtmayissueaninjunctionrequiring
theperson to ceasecontravening
this Law.Note—Aninjunctionmayalsobeobtainedundersection576Efornoncompliance with an improvement
notice or prohibition notice.Page 546Current as at [Not applicable]
Notauthorised—indicativeonlyDivision 3Heavy Vehicle
National Law Act 2012ScheduleCommercial
benefits penalty orders597Commercial
benefits penalty order(1)If a court
convicts a person of an offence against this Law, thecourt may, on application by the prosecutor,
make an order (acommercialbenefitspenaltyorder)requiringthepersontopay,
as a fine, an amount not exceeding 3 times the amountestimated by the court to be the gross
commercial benefit—(a)received or receivable, by the person
or by an associateof the person, from the commission of the
offence; and(b)forajourneythatwasinterruptedornotcommencedbecauseofactiontakenbyanauthorisedofficerinconnectionwiththecommissionoftheoffence—thatwould have been
received or receivable, by the person orby an associate
of the person, from the commission ofthe offence had
the journey been completed.(2)In
estimating the gross commercial benefit, the court may takeinto
account—(a)benefits of any kind, whether or not
monetary; and(b)anyothermattersitconsidersrelevant,including,forexample—(i)the
value of any goods involved in the offence; and(ii)the
distance over which the goods were, or were tobe,
carried.(3)However,inestimatingthegrosscommercialbenefit,thecourt must disregard any costs,
expenses or liabilities incurredby the person or
by an associate of the person.(4)Nothinginthissectionpreventsthecourtfromorderingpaymentofanamountthatislessthantheestimatedgrosscommercial benefit.Current as at [Not
applicable]Page 547
Heavy
Vehicle National Law Act 2012ScheduleDivision 4Cancelling or
suspendingregistrationNotauthorised—indicativeonly598Power to cancel
or suspend vehicle registration(1)This
section applies if a court convicts a person of—(a)an offence against this Law relating
to a contraventionofamass,dimensionorloadingrequirementconstituting a
severe risk breach; or(b)anoffenceagainstthisLawotherthananoffencerelatingtoacontraventionofamass,dimensionorloading requirement.(2)The court may make an order that the
registration of a heavyvehicle in relation to which the
offence was committed and ofwhich the person
is a registered operator is—(a)cancelled; or(b)suspended for a stated period.(3)Ifthecourtmakesanorderundersubsection (2)againstaperson, the court may also make an
order that the person, oran associate of the person, is
disqualified from applying forthe registration
of the heavy vehicle for a stated period.(4)If
the court considers that another person who is not present
incourtmaybesubstantiallyaffectedbyanorderundersubsection (2)
or (3), the court may issue a summons to thatperson to show
cause why the order should not be made.(5)The
court is to ensure that the registration authority for theheavyvehicleisnotifiedofthedecisiontomakeanorderundersubsection (2)or(3)andthetermsoftheorder,butfailure to do so does not invalidate the
decision or the order.Division 5Supervisory
intervention orders599Application of Div 5This
Division applies if a court—Page 548Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(a)convicts a person (theconvicted person) of an
offenceagainst this Law; and(b)considersthepersontobe,orlikelytobecome,asystematicorpersistentoffenderofthisLawhavingregard to the
circumstances of offences against this Lawand previous
corresponding laws for which the personhas previously
been convicted.600Court may make supervisory
intervention order(1)Thecourtmay,onapplicationbytheprosecutorortheRegulator, make an order (asupervisory intervention order)requiring the convicted person, at the
person’s own expenseand for a stated period of not more
than 1 year, to do 1 or moreof the
following—(a)statedthingsthecourtconsiderswillimprovetheperson’s compliance with this Law, or
stated aspects ofthis Law, including, for example—(i)appointingstaffto,orremovingstafffrom,particular positions; or(ii)training and supervising staff; or(iii)obtainingexpertadviceaboutmaintainingcompliance with
this Law, or stated aspects of thisLaw; or(iv)installingequipmentformonitoringormanagingcompliance with
this Law, or stated aspects of thisLaw, including,
for example, intelligent transportsystem
equipment; or(v)implementing practices, systems or
procedures formonitoring or ensuring compliance with this
Law,or stated aspects of this Law;(b)implementstatedpractices,systemsorproceduresformonitoringorensuringcompliancewiththisLaw,orstated aspects of this Law, subject to
the direction of theRegulator or a person nominated by the
Regulator;Current as at [Not applicable]Page
549
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(c)give
compliance reports about the convicted person tothe
Regulator or the court (or both), in a stated way andfor
stated periods;(d)appoint a person to have the following
responsibilities—(i)helpingtheconvictedpersontoimprovetheconvictedperson’scompliancewiththisLaworstated aspects of this Law;(ii)monitoring the
convicted person’s compliance withthis Law or
stated aspects of this Law and with theorder;(iii)givingcompliancereportsabouttheconvictedperson to the
Regulator or the court (or both), in astated way and
for stated periods.(2)In this section—compliancereport,aboutapersoninrelationtowhomasupervisory intervention order is made,
means a report aboutthe person’s compliance with this Law,
stated aspects of thisLaw, or the order, including, for
example, a report containingstated
information about—(a)thingsdonebythepersontoensurecompliancewiththis
Law or stated aspects of this Law; and(b)the
effect of the things mentioned in paragraph (a).601Limitation on making supervisory
intervention orderThe court may make a supervisory
intervention order only ifthecourtissatisfiedtheorderiscapableofimprovingtheconvicted person’s ability or willingness to
comply with thisLaw having regard to—(a)theoffencesagainstthisLaworapreviouscorresponding law for which the person has
previouslybeen convicted; and(b)theoffencesagainstthisLaworapreviouscorrespondinglawforwhichthepersonhasbeenproceeded
against by way of unwithdrawn infringementnotices;
andPage 550Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012Schedule(c)anyotheroffencesorothermattersthatthecourtconsiders
relevant to the person’s conduct in connectionwith road
transport.Notauthorised—indicativeonly602Supervisory intervention order may
suspend othersanctions(1)Asupervisoryinterventionordermaydirectthatanyotherpenalty or
sanction imposed for the offence to which it relatesissuspendeduntiltheorderendsunlessthecourtdecidesthere has been a substantial failure to
comply with the order.(2)For the purposes
of subsection (1), a court may decide that afailure to
comply with a supervisory intervention order is asubstantialfailureifthefailurecauses,orcreatesariskof,seriousharmtopublicsafety,theenvironmentorroadinfrastructure.603Amendment or revocation of supervisory
interventionorderA court that
makes a supervisory intervention order may, onapplication by
the Regulator or the person to whom the orderapplies,amendorrevoketheorderifthecourtissatisfiedtherehasbeenachangeincircumstanceswarrantingtheamendment or revocation.604Contravention of supervisory intervention
orderApersontowhomasupervisoryinterventionorderappliesmustcomplywiththeorder,unlessthepersonhasareasonable excuse.Maximum
penalty—$10000.605Effect of supervisory intervention
order if prohibitionorder applies to same person(1)This section applies if both a
supervisory intervention orderand a
prohibition order is in force at the same time against thesame
person.Current as at [Not applicable]Page
551
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(2)Thesupervisoryinterventionorderhasnoeffectwhiletheprohibition order has effect.Division 6Prohibition
orders606Application of Div 6This
Division applies if a court—(a)convicts a person (theconvicted
person) of an offenceagainst this
Law; and(b)considersthepersontobe,orlikelytobecome,asystematicorpersistentoffenderofthisLawhavingregard to the
circumstances of offences against this Lawand previous
corresponding laws for which the personhas previously
been convicted.607Court may make prohibition
order(1)Thecourtmay,onapplicationbytheprosecutorortheRegulator, make an order (aprohibition order) prohibiting
theconvicted person, for a stated period of not
more than 1 year,fromhavingastatedroleorresponsibilityassociatedwithroad
transport.(2)However,thecourtcannotmakeaprohibitionorderprohibitingtheconvictedpersonfromdrivingavehicleorhavingavehicleregisteredorlicensedunderanAustralianroad law in the
convicted person’s name.608Limitation on
making prohibition orderThe court may make a prohibition order
only if the court issatisfied the convicted person should
not continue to have theroleorresponsibilitiesprohibitedbytheorder,andthatasupervisoryinterventionorderisnotappropriate,havingregard to—Page 552Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(a)theoffencesagainstthisLaworapreviouscorresponding
law for which the person has previouslybeen convicted;
and(b)theoffencesagainstthisLaworapreviouscorrespondinglawforwhichthepersonhasbeenproceeded
against by way of unwithdrawn infringementnotices;
and(c)anyotheroffencesorothermattersthatthecourtconsiders
relevant to the person’s conduct in connectionwith road
transport.609Amendment or revocation of prohibition
orderA court that makes a prohibition order may,
on application bythe Regulator or the person to whom the
order applies, amendor revoke the order if the court is
satisfied there has been achangeincircumstanceswarrantingtheamendmentorrevocation.610Contravention of prohibition orderA
person to whom a prohibition order applies must complywith
the order, unless the person has a reasonable excuse.Maximum penalty—$10000.Division 7Compensation orders611Court
may make compensation order(1)A
court that convicts a person (theconvicted
person) of anoffence against
this Law may make an order (acompensationorder)
requiring the convicted person to pay the road managerforaroad,bywayofcompensation,anamountthecourtconsidersappropriateforlossincurred,orlikelytobeincurred,bytheroadmanagerfordamagecausedtoroadinfrastructure
as a result of the offence.Current as at [Not applicable]Page
553
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(2)A
compensation order may be made on the application of theprosecutor, the Regulator or the road
manager.(3)Thecourtmaymakeacompensationorderinrelationtodamage the court considers, on the balance
of probabilities,was caused or partly caused by the
commission of the offence.(4)The court may
make a compensation order—(a)when the court
gives its sentence for the offence; or(b)at a
later time, but not after the end of the period withinwhich a proceeding for the offence must
start under thisLaw.Note—Seesection707Afortheperiodwithinwhichaproceedingforanoffence against this Law, other than
an indictable offence, must start.612Assessment of compensation(1)Inmakingacompensationorder,thecourtmayassesstheamount of compensation required to be paid
by the order inthe way it considers appropriate, including,
for example, byreference to the estimated cost of remedying
the damage.(2)In assessing the amount of
compensation, the court may haveregard
to—(a)evidence adduced in connection with
the prosecution ofthe offence; and(b)anyevidencenotadducedinconnectionwiththeprosecutionoftheoffencebutadducedinconnectionwith the making
of the order; and(c)if the road manager is a public
authority—(i)any certificate of the public
authority stating thattheauthorityisresponsibleformaintainingtheroad
infrastructure in relation to which the order issought; and(ii)anyothercertificateofthepublicauthority,including, for
example, a certificate—Page 554Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(A)estimating the monetary value of all
or partof the road infrastructure in relation to
whichthe order is sought; or(B)estimating the monetary value of, or the
costofremedying,thedamagetotheroadinfrastructure
in relation to which the orderis sought;
or(C)estimatingtheextenttowhichthecommission of the offence contributed to
thedamage to the road infrastructure in
relationto which the order is sought; and(d)any other matters the court considers
relevant.(3)Apersonwhopurportedlysignsacertificateofatypementioned in
subsection (2)(c) on behalf of a public authorityispresumed,unlessthecontraryisproved,tohavebeenauthorised by the public authority to sign
the certificate on thepublic authority’s behalf.613Use of certificates in assessing
compensation(1)Ifapublicauthorityproposestosubmitacertificatementioned in
section 612(2)(c) in a proceeding for the makingof a
compensation order, the public authority must give a copyof
the certificate to the defendant at least 28 days before theday
fixed for the hearing of the proceeding.(2)Acertificateofthepublicauthoritycannotbeusedinaproceeding for the making of a
compensation order unless thepublic authority
has complied with subsection (1).(3)Adefendantwhointendstochallengeamatterstatedinacertificate
mentioned in section 612(2)(c) in a proceeding forthe
making of a compensation order must—(a)givethepublicauthoritynoticeoftheintentiontochallenge the matter; and(b)if the defendant is intending to
challenge the accuracy ofanymeasurement,analysisorreadinginthecertificate—Current as at [Not
applicable]Page 555
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(i)state the reason why the defendant alleges
that it isinaccurate; and(ii)state the measurement, analysis or reading
that thedefendant considers to be correct.(4)The notice must be—(a)signed by the defendant; and(b)givenatleast14daysbeforethedayfixedforthehearing of the
proceeding.(5)A defendant can not challenge a matter
stated in a certificatementioned in section 612(2)(c) in a
proceeding for the makingof a compensation order unless—(a)the defendant has complied with
subsections (3) and (4);or(b)the
court gives leave to the defendant to challenge thematter, in the interests of justice.614Limits on amount of
compensation(1)If, in making a compensation order,
the court is satisfied thatthecommissionoftheoffenceconcernedcontributedtodamagetoroadinfrastructurebutthatotherfactorsnotconnectedwiththecommissionoftheoffencealsocontributed to the damage, the court must
limit the amount ofcompensationpayableundertheordertotheamountitassesses as being attributable to the
defendant’s conduct.(2)The amount of
compensation payable under a compensationorder can not
exceed the monetary jurisdictional limit of thecourt in civil
proceedings.(3)Thecourtmaynotincludeinacompensationorderanyamount for—(a)personal injury or death; or(b)loss of income (whether suffered by
the road manager oranother entity); or(c)damagetopropertythatisnotpartoftheroadinfrastructure concerned.Page
556Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule615CostsThe court has
the same power to award costs in relation toproceedings for
the making of a compensation order as it hasin relation to
civil proceedings, and the relevant laws applyingto
costs in relation to civil proceedings before the court
applywith any necessary changes to costs in
relation to proceedingsfor the making of a compensation
order.616Enforcement of compensation order and
costsA compensation order, and any award of costs
in relation to aproceeding for the making of a compensation
order, are takento be, and are enforceable as, a judgment of
the court sitting incivil proceedings.617Relationship with orders or awards of other
courts andtribunals(1)A
compensation order may not be made in favour of a roadmanager for a road in relation to damage to
road infrastructureifanothercourtortribunalhasawardedcompensatorydamagesorcompensationincivilproceedingstotheroadmanagerinrelationtothedamagebasedonthesameorsimilar facts.(2)If a
court purports to make a compensation order contrary tosubsection (1)—(a)the
order is void to the extent it covers the same mattersas
the matters covered by the other award; and(b)anypaymentsmadeundertheordertotheextenttowhich it is void must be repaid by the road
manager.(3)The making of a compensation order in
relation to damage toroad infrastructure does not prevent
another court or tribunalfromlaterawardingdamagesorcompensationincivilproceedings in
relation to the damage based on the same orsimilarfacts,butthecourtortribunalmusttakethecompensation order into account when making
its award.Current as at [Not applicable]Page
557
Heavy
Vehicle National Law Act 2012Schedule(4)Nothing in this Division affects or
limits any liability to paycompensationunderanotherlaw,
otherthanasprovidedbythis
section.Notauthorised—indicativeonlyPart 10.4Provisions about
liabilityDivision 3Defences626Definition for Div 3In
this Division—deficiency, of a vehicle,
means—(a)adeficiencyofthevehicleoracomponentofthevehicle, including, for example, the
vehicle—(i)contravening a heavy vehicle standard;
or(ii)being unsafe;
or(b)a deficiency constituted by the
absence of a particularthingrequiredtobein,ordisplayedon,thevehicle,including,forexample,athingrequiredtobein,ordisplayed on, the vehicle
under—(i)a heavy vehicle standard; or(ii)aconditionofaheavyvehicleaccreditationoramass or dimension authority.627Defence for owner or operator of
vehicle if offencecommitted while vehicle used by unauthorised
person(1)This section applies in relation to an
offence against this Lawthat may be committed by a
person—(a)intheperson’scapacityasanowneroroperatorofavehicle; and(b)in
relation to the use of the vehicle by someone else.(2)Subjecttosubsection (3),inaproceedingforanoffencementionedinsubsection (1),itisadefenceforthepersonPage
558Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedulechargedtoprovethat,attherelevanttime,thevehiclewasbeing used by—(a)a
person not entitled (expressly, impliedly or otherwise)to
use the vehicle, other than an employee or agent ofthe
person; or(b)an employee of the person who was, at
the relevant time,acting outside the scope of the employment;
or(c)anagentofthepersonwhowas,attherelevanttime,acting outside the scope of the
agency.(3)If the offence relates to a deficiency
of the vehicle, the defenceunder subsection
(2) is not available unless the person chargedalso proves
that—(a)thevehiclehadnot,beforeitceasedtobeundertheperson’s control, been driven on a road in
contraventionofthis Lawarisinginconnectionwiththedeficiency;and(b)oneormorematerialchanges,resultinginthedeficiency, had
been made after the vehicle had ceasedto be under the
person’s control.628Defence for driver of vehicle subject
to a deficiency(1)This section applies to an offence
against this Law relating toa deficiency of
a heavy vehicle.(2)Inaproceedingforanoffencementionedinsubsection (1)alleged to be
committed by the driver of a heavy vehicle, it is adefence for the driver to prove that the
driver—(a)did not cause the deficiency and had
no responsibilityfor or control over the maintenance of the
vehicle or itsequipment at any relevant time; and(b)did not know and could not reasonably
be expected tohave known of the deficiency; and(c)couldnotreasonablybeexpectedtohavesoughttoascertainwhethertherewasorwaslikelytobeadeficiency of the kind to which the offence
relates.Current as at [Not applicable]Page
559
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule629Defence of compliance with directionIn a
proceeding for an offence against this Law, it is a defencefor
the person charged to prove that the conduct constitutingthe
offence was done in compliance with a direction given—(a)by an authorised officer; or(b)by the Regulator (including a delegate
of the Regulator);or(c)by a person
under a law of a State or Territory.630Sudden or extraordinary emergency(1)In a proceeding for an offence against
this Law, it is a defencefor the person charged to prove that
the conduct constitutingthe offence occurred in response to
circumstances of suddenor extraordinary emergency.(2)This section applies if and only if
the person carrying out theconduct
reasonably believed that—(a)circumstancesofsuddenorextraordinaryemergencyexisted; and(b)the
conduct was the only reasonable way to deal withthe
emergency; and(c)the conduct was a reasonable response
to the emergency.631Lawful authorityIn a proceeding
for an offence against this Law, it is a defencefor
the person charged to prove that the conduct constitutingthe
offence is authorised or excused by or under a law.Page
560Current as at [Not applicable]
Division 4Heavy Vehicle
National Law Act 2012ScheduleOther provisions
about liabilityNotauthorised—indicativeonly632Deciding whether person ought
reasonably to haveknown something(1)This
section applies in relation to a proceeding for an offenceagainst this Law if it is relevant to prove
that someone oughtreasonably to have known something.(2)A court may consider the following
when deciding whetherthe person ought reasonably to have
known the thing—(a)the person’s abilities, experience,
expertise, knowledge,qualifications and training;(b)the circumstances of the
offence;(c)anyotherrelevantmatterprescribedbythenationalregulations for
the purposes of this section.632AUsing code of practice in proceeding(1)Thissectionappliesinaproceedingforanoffenceagainstthis
Law.(2)AregisteredindustrycodeofpracticeisadmissibleasevidenceofwhetherornotadutyorobligationunderthisLaw has been
complied with.(3)The court may—(a)have
regard to the code as evidence of what is knownabout a hazard
or risk, risk assessment, or risk control,to which the
code relates; and(b)relyonthecodeindeterminingwhatisreasonablypracticableinthecircumstancestowhichthecoderelates.(4)Nothinginthissectionpreventsapersonfromintroducingevidence of
complying with this Law in a way that differs fromthe
code but that provides a standard of safety or protectionequivalent to or higher than the standard
required in the code.(5)However, the
person may introduce the evidence mentioned insubsection (4)
only if the person has given written notice ofCurrent as at [Not
applicable]Page 561
Heavy
Vehicle National Law Act 2012Schedulethe
person’s intention to do so to the complainant at least 28days
before the day fixed for the hearing of the offence.Notauthorised—indicativeonly633Multiple
offenders(1)This section applies if a provision of
this Law provides that,for a particular act or omission or
set of circumstances, eachof2ormorepersonsisliableforanoffenceagainstaprovision of this Law.(2)Proceedings may be taken against all
or any of the persons inrelation to the act, omission or
circumstances.(3)Proceedingsmaybetakenagainstanyofthepersonsinrelation to the act, omission or
circumstances—(a)regardlessofwhetherornotproceedingshavebeenstarted against
any of the other persons in relation to theact, omission or
circumstances; and(b)regardlessofwhetherornotanyproceedingstakenagainst any of the other persons in relation
to the act,omission or circumstances have ended;
and(c)regardlessoftheoutcomeofanyproceedingstakenagainst any of the other persons in relation
to the act,omission or circumstances.(4)This section is subject to section
634(1).634Multiple offences(1)A
person may be punished only once in relation to the samecontravention of this Law by the person or a
heavy vehicle,even if the person is liable in more than 1
capacity.(2)Apersonwhohasbeenpunishedforanactoromissionorcircumstances constituting an offence
against this Law as itappliesinanotherparticipatingjurisdictioncannotbepunished for an
offence against this Law as it applies in thisjurisdictionarisingfromthesameactoromissionorcircumstances.(3)Despite any Act or other law (including
subsections (1) and(2))—Page 562Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(a)a person may be punished for more than
1 contraventionof a requirement of this Law if the
contraventions relateto different parts of the same
vehicle; and(b)a person may be punished for 1 or more
contraventionsofarequirementofthisLawasitappliesinanotherparticipatingjurisdiction(interstatecontraventions),and
1 or more contraventions of a requirement of thisLawasitappliesinthisjurisdiction(localcontraventions),iftheinterstatecontraventionsandlocal contraventions relate to different
parts of the samevehicle.(c)2 or
more contraventions of a provision by a person thatarisefromthesamefactualcircumstancesmaybecharged as—(i)a
single offence; or(ii)separate
offences.(4)Subsection(3)(c)doesnotauthorisecontraventionsof2ormore provisions
to be charged as a single offence.(5)A
single penalty only may be imposed in relation to 2 or morecontraventionsofaprovisionthatarechargedasasingleoffence.635Responsibility for acts or omissions
of representative(1)This section applies in a proceeding
for an offence against thisLaw.(2)Ifitisrelevanttoproveaperson’sstateofmindaboutaparticular act or omission, it is
enough to show—(a)theactwasdoneoromittedtobedonebyarepresentativeofthepersonwithinthescopeoftherepresentative’s actual or apparent
authority; and(b)the representative had the state of
mind.(3)Anactdoneoromittedtobedoneforapersonbyarepresentativeofthepersonwithinthescopeoftherepresentative’s actual or apparent
authority is taken to havebeen done or omitted to be done also
by the person, unless theCurrent as at [Not applicable]Page
563
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedulepersonprovesthepersoncouldnot,bytheexerciseofreasonable diligence, have prevented the act
or omission.(4)In this section—representativemeans—(a)foranindividual—anemployeeoragentoftheindividual; or(b)foracorporation—anexecutiveofficer,employeeoragent of the corporation or
authority.state of mind, of a person,
includes—(a)theperson’sknowledge,intention,opinion,belieforpurpose; and(b)the
person’s reasons for the intention, opinion, belief orpurpose.636Liability of executive officers of
corporation(1)If a corporation commits an offence
against a provision of thisLawspecifiedincolumn2ofSchedule 4,eachexecutiveofficerofthecorporationwhoknowinglyauthorisedorpermitted the conduct constituting the
offence also commitsan offence against the
provision.Maximumpenalty—thepenaltyforacontraventionoftheprovision by an individual.Note—Seealsosection26Dforthedutyofanexecutiveofficerofacorporationtoexerciseduediligencetoensurethecorporationcomplies with
its safety duties under this Law.(4)Anexecutiveofficerofacorporationmaybeproceededagainstandconvictedforanoffenceagainsttheprovisionwhether or not
the corporation has been proceeded against orconvicted under
that provision.(5)Nothinginthissectionaffectsanyliabilityimposedonacorporationforanoffencecommittedbythecorporationunder the
provision.Page 564Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(6)Nothing in this section affects the
application of any other lawrelating to the
criminal liability of any persons (whether or notexecutive officers of the corporation) who
are accessories tothe commission of an offence or are
otherwise involved in thecontravention giving rise to an
offence.(7)This section does not apply to an
executive officer acting on avoluntary basis,
whether or not the officer is reimbursed forthe expenses
incurred by the officer for carrying out activitiesfor
the corporation.Editor’s note—An uncommenced
amendment in 2016 Act No. 65 replaces section636(2) and (3).
However, the Heavy Vehicle National Law and OtherLegislation Amendment Bill 2018 omits
section 636(2) and (3).This indicative reprint reflects the
Law with section 636(2) and (3)omitted.637Treatment of unincorporated
partnerships(1)ThisLaw(otherthansection 636)appliestoanunincorporatedpartnershipasifitwereacorporation,butwith
the changes set out in this section.(2)An
obligation or liability that would otherwise be imposed onthepartnershipbythisLawisimposedoneachpartnerinstead, but may be discharged by any of the
partners.(3)AnamountthatwouldbepayableunderthisLawbythepartnership is
jointly and severally payable by the partners.(4)An
offence against a provision of this Law specified in column2ofSchedule4thatwouldotherwisebecommittedbythepartnership is taken to have been
committed by each partnerwhoknowinglyauthorisedorpermittedtheconductconstituting the
offence.Maximumpenalty—thepenaltyforacontraventionoftheprovision by an individual.(7)Nothing in this section affects the
application of any other lawrelating to the
criminal liability of any persons (whether or notpartnersinthepartnership)whoareaccessoriestotheCurrent as at [Not applicable]Page
565
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedulecommissionofanoffenceorareotherwiseinvolvedinthecontravention
giving rise to an offence.(8)Subsection(4)doesnotapplytoapartneractingonavoluntary basis,
whether or not the partner is reimbursed fortheexpensesincurredbythepartnerforcarryingoutactivities for the partnership.(9)For the purposes of this section, a
change in the compositionofthepartnershipdoesnotaffectthecontinuityofthepartnership.Editor’s
note—An uncommenced amendment in 2016 Act No. 65
replaces section637(5) and (6). However, the Heavy Vehicle
National Law and OtherLegislation Amendment Bill 2018 omits
section 637(5) and (6).This indicative reprint reflects the
Law with section 637(5) and (6)omitted.638Treatment of other unincorporated
bodies(1)ThisLaw(otherthansection 636)appliestoanunincorporated
body as if it were a corporation, but with thechanges set out
in this section.(2)An obligation or liability that would
otherwise be imposed ontheunincorporatedbodybythisLawisimposedoneachmanagementmemberofthebodyinstead,butmaybedischarged by
any of the management members.(3)AnamountthatwouldbepayableunderthisLawbytheunincorporated
body is jointly andseverallypayablebythemanagement
members of the body.(4)An offence
against a provision of this Law specified in column2ofSchedule4thatwouldotherwisebecommittedbytheunincorporated body is taken to have
been committed by eachmanagement member of the body who
knowingly authorisedor permitted the conduct constituting
the offence.Maximumpenalty—thepenaltyforacontraventionoftheprovision by an individual.(7)Nothing in this section affects the
application of any other lawrelating to the
criminal liability of any persons (whether or notPage
566Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedulemanagement members of the unincorporated
body) who areaccessories to the commission of an offence
or are otherwiseinvolved in the contravention giving rise to
an offence.(8)Subsection (4) does not apply to a
management member of theunincorporated body acting on a
voluntary basis, whether ornot the member
is reimbursed for the expenses incurred by themember for
carrying out activities for the body.(9)For
the purposes of this section, a change in the compositionof
the unincorporated body does not affect the continuity ofthe
body.Editor’s note—An uncommenced
amendment in 2016 Act No. 65 replaced section638(5) and (6).
However, the Heavy Vehicle National Law and OtherLegislation Amendment Bill 2018 omits
section 638(5) and (6).This indicative reprint reflects the
Law with section 638(5) and (6)omitted.639Liability of registered
operator(1)This section applies to an offence
against this Law that maybe committed by the operator of a
heavy vehicle (whether ornot any other person can also commit
the offence).(2)If an offence to which this section
applies is committed, thefollowingpersonistakentobetheoperatoroftheheavyvehicle and, in that capacity, is taken to
have committed theoffence—(a)foraheavyvehiclethatisnotacombination—theregistered
operator of the vehicle;(b)for a heavy
combination or the towing vehicle in a heavycombination—theregisteredoperatorofthetowingvehicle in the combination;(c)for a trailer forming part of a heavy
combination—theregisteredoperatorofthetowingvehicleinthecombination and the registered
operator (if any) of thetrailer.Current as at [Not
applicable]Page 567
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(3)Theregisteredoperatorhasthesameexcusesanddefencesavailable to the
operator of the heavy vehicle under this Lawor another
law.(4)Subsection (2) does not apply if the
registered operator givesthe Regulator an operator
declaration—(a)if an infringement notice for the
offence is issued to theregisteredoperator—within14daysaftertheinfringement notice is issued;
or(b)if the registered operator is charged
with the offence—(i)if the charge is to be heard 28 days
or less after thechargecomestotheoperator’sknowledge—assoon as
practicable after the charge comes to theregistered
operator’s knowledge; or(ii)if the charge is
to be heard more than 28 days afterthe charge comes
to the operator’s knowledge—assoon as
practicable after the charge comes to theregisteredoperator’sknowledgebutatleast28days before the charge is
heard.(5)Iftheregisteredoperatorgivesanoperatordeclarationasmentioned in subsection (4)—(a)a proceeding for the offence may be
started against theperson named as the operator of the heavy
vehicle in theoperatordeclarationonlyifacopyoftheoperatordeclaration has been served on the person;
and(b)in a proceeding for the offence
against the person namedastheoperatoroftheheavyvehicleintheoperatordeclaration, the operator declaration is
evidence that theperson was the operator of the heavy vehicle
at the timeof the offence; and(c)inaproceedingfortheoffenceagainsttheregisteredoperator, a
court must not find the registered operatorguilty of the
offence in the registered operator’s capacityastheoperatoroftheheavyvehicleifitissatisfied,whether on the
statements in the operator declaration orotherwise, the
registered operator was not the operatorof the heavy
vehicle at the time of the offence.Page 568Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(6)To remove any doubt, it is declared
that this section does notaffect the liability of the registered
operator in a capacity otherthan as the
operator of the heavy vehicle.(7)In
this section—operator declarationmeans a
statutory declaration, made bythe registered
operator of a vehicle that is or forms part of aheavyvehiclethesubjectofanoffenceagainstthisLaw,stating—(a)the
registered operator was not the operator of the heavyvehicle at the time of the offence;
and(b)thenameandaddressoftheoperatoroftheheavyvehicle at the
time of the offence.registered operator, of
a vehicle other than a heavy vehicle,means the
registered or licensed operator of the vehicle underan
Australian road law.Chapter 11Reviews and
appealsPart 11.1Preliminary640Definitions for Ch 11In this
Chapter—publicsafetyground,forareviewabledecision,meanstheRegulatorbeingsatisfiedthatmakingthedecisionisnecessary to prevent a significant risk to
public safety.relevant appeal bodymeans the
relevant tribunal or court forthe relevant
jurisdiction.relevantjurisdiction,foranapplicantforthereviewofareviewabledecisionoranappellantforanappealagainstareview decision, means—Current as at [Not
applicable]Page 569
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyPage 570(a)for
a reviewable decision made under Division 3 of Part4.5orDivision4ofPart4.6,orareviewdecisionrelating to a reviewable decision made under
Division 3of Part 4.5 or Division 4 of Part
4.6—(i)iftheareasorroutesforwhichtheauthorisationthe subject of
the reviewable decision was soughtare situated in
the same participating jurisdiction—thejurisdictioninwhichtheareasorroutesaresituated; or(ii)iftheareasorroutesforwhichtheauthorisationthe subject of
the reviewable decision was soughtaresituatedin2ormoreparticipatingjurisdictions—(A)the
jurisdiction in which most of the areas orroutes are
situated, worked out by referenceto the length of
road covered by the areas orroutes;
or(B)if there is more than 1 jurisdiction
for whichsub-subparagraph(A)issatisfied—anyofthe
jurisdictions for which sub-subparagraph(A)issatisfiedchosenbytheapplicantorappellant; or(b)for
another reviewable decision or review decision—(i)ifthereviewabledecisionorreviewdecisionrelatestoonly1heavyvehiclewhoserelevantgarage address is in a participating
jurisdiction—thejurisdictioninwhichtherelevantgarageaddress is located; or(ii)ifthereviewabledecisionorreviewdecisionrelates to 2 or more heavy vehicles whose
relevantgarageaddressesareinthesameparticipatingjurisdiction—the
jurisdiction in which the relevantgarage addresses
are located; or(iii)ifthereviewabledecisionorreviewdecisionrelates to 2 or more heavy vehicles whose
relevantgarageaddressesarelocatedin2ormoreparticipatingjurisdictions—anyofthoseCurrent as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedulejurisdictionschosenbytheoperatorofthevehicles;
or(iv)otherwise—the
participating jurisdiction in whichtheapplicant’sorappellant’shomeaddressislocated.reviewapplicationmeansanapplicationforreviewofareviewable decision under Part
11.2.review decisionhas the meaning
given by section 645.reviewable decisionmeans—(a)a
decision mentioned in Schedule 3; or(b)adecisionmadeunderthenationalregulationsprescribed as a
reviewable decision for the purposes ofthis
Chapter.reviewermeans a person
deciding a review of a reviewabledecision under
Part 11.2.Part 11.2Internal
review641Applying for internal review(1)A dissatisfied person for a reviewable
decision may apply tothe Regulator for a review of the
decision.(2)Areviewapplicationmaybemadeonlywithin28daysafter—(a)the day the person is notified of the
decision; or(b)ifthepersonappliesforastatementofreasonsundersubsection (6)—thedaythestatementisgiventotheperson.(3)However, the Regulator may, at any time,
extend the time formaking a review application.(4)A review application must—(a)be written; andCurrent as at [Not
applicable]Page 571
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(b)beaccompaniedbytheprescribedfeefortheapplication;
and(c)state in detail the grounds on which
the person wants thereviewable decision to be
reviewed.(5)The person is entitled to receive a
statement of reasons for theoriginal
decision whether or not the provision under which thedecision is made requires that the person be
given a statementof reasons for the decision.(6)Ifthepersonwasnotgivenaninformationnoticefortheoriginaldecision,thepersonmayasktheRegulatorforastatement of
reasons for the decision and the Regulator mustprovide the
statement within 28 days after the request is made.(7)Themakingofareviewapplicationdoesnotaffectthereviewabledecision,orthecarryingoutofthereviewabledecision, unless
it is stayed under section 642.(8)In
this section—dissatisfied personmeans—(a)forareviewabledecisionoftheRegulatormadeinrelationtoanapplicationforanexemption,authorisation,approvalorheavyvehicleaccreditationunder this
Law—the applicant; or(b)for a reviewable
decision of the Regulator not to make adecision sought
in an application for an amendment ofan exemption,
authorisation, approval or heavy vehicleaccreditation
under this Law—the applicant; or(c)forareviewabledecisionoftheRegulatortoamend,cancel or
suspend an exemption, authorisation, approvalorheavyvehicleaccreditationunderthisLaw—theperson to whom the exemption, authorisation,
approvalor heavy vehicle accreditation was granted;
or(d)for a reviewable decision of the
Regulator not to give areplacementpermitforanexemptionorauthorisationunderthisLawornottogiveareplacementaccreditation
certificate for a heavy vehicle accreditationunderthisLaw—thepersontowhomtheexemption,Page 572Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Scheduleauthorisationorheavyvehicleaccreditationwasgranted; or(e)for
a reviewable decision of the Regulator that a thing orsampleisforfeitedtotheRegulator—anownerofthething or sample;
or(f)for a reviewable decision of an
authorised officer to giveapersonanimprovementnoticeorprohibitionnotice,ortoamendanimprovementnoticeorprohibitionnotice given to
a person—the person to whom the noticewas given;
or(g)for a reviewable decision of a
relevant road manager foramassordimensionauthority—apersonadverselyaffected by the
decision; or(h)forareviewabledecisionmadeunderthenationalregulations—thepersonprescribedasthedissatisfiedperson for the
decision under the national regulations.642Stay
of reviewable decisions made by Regulator orauthorised
officer(1)This section applies to—(a)a reviewable decision made by the
Regulator other thana decision made on the basis of a
public safety ground;or(b)a
reviewable decision made by an authorised officer.(2)Ifapersonmakesareviewapplicationforthereviewabledecision, the
person may immediately apply for a stay of thedecision to the
relevant appeal body.(3)The relevant
appeal body may stay the reviewable decision tosecure the
effectiveness of the review and any later appeal tothe
body.(4)Insettingthetimeforhearingthestayapplication,therelevantappealbodymustallowatleast3businessdaysbetween the day the application is filed
with it and the hearingday.(5)The
Regulator is a party to the application.Current as at [Not
applicable]Page 573
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(6)The
person must serve a copy of the application showing thetime
and place of the hearing, and any document filed in therelevant appeal body with the application,
on the Regulator atleast 2 business days before the
hearing.(7)The stay—(a)maybegivenonconditionstherelevantappealbodyconsiders
appropriate; and(b)operates for the period specified by
the relevant appealbody; and(c)may
be revoked or amended by the relevant appeal body.(8)The period of a stay under this
section must not extend pastthe time when
the reviewer reviews the reviewable decisionandanylaterperiodtherelevantappealbodyallowstheapplicanttoenabletheapplicanttoappealagainstthedecision.643Referral of applications for review of
decisions made byroad managers(1)Thissectionappliestoareviewapplicationrelatingtoareviewable
decision made by a road manager for a road.Note—In
Schedule 3, only decisions made by a road manager (for a road)
thatis a public authority are reviewable
decisions.(2)The Regulator must refer the
application to the road managerfor review
within 2 business days after receiving it.644Internal review(1)A
review of a reviewable decision that was not made by theRegulator or a road manager personally must
not be decidedby—(a)the person who
made the reviewable decision; or(b)a
person who holds a less senior position than the personwho
made the reviewable decision.(2)The
reviewer must conduct the review—Page 574Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(a)onthematerialbeforethepersonwhomadethereviewable decision; and(b)on
the reasons for the reviewable decision; and(c)any
other relevant material the reviewer allows.(3)Forthereview,thereviewermustgivetheapplicantareasonable opportunity to make written or
oral representationsto the reviewer.645Review decision(1)Thereviewermust,withintheprescribedperiod,makeadecision (thereview
decision) to—(a)confirm the reviewable decision; or(b)amend the reviewable decision;
or(c)substitute another decision for the
reviewable decision.(2)If the review
decision confirms the reviewable decision, forthe purpose of
an appeal, the reviewable decision is taken tobe the review
decision.(3)If the review decision amends the
reviewable decision, for thepurpose of an
appeal, the reviewable decision as amended istaken to be the
review decision.(4)Ifthereviewdecisionsubstitutesanotherdecisionforthereviewable decision, the substituted
decision is taken to be thereview
decision.(5)Ifthereviewerisaroadmanagerforaroad,thereviewermust, as soon as
practicable, give the Regulator notice of thereview decision
stating—(a)the decision; and(b)the
reasons for the decision.(6)In this
section—prescribed periodmeans—(a)for a review of a reviewable decision
made by a roadmanager for a road—Current as at [Not
applicable]Page 575
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(i)28
days after the application for the review is givento
the road manager; or(ii)if the Regulator
and road manager have agreed to alonger period,
of not more than 3 months after theapplicationforthereviewisgiventotheroadmanager, and the
Regulator has given notice of thelonger period to
the applicant—the longer period;or(b)forareviewofanotherreviewabledecision—28daysafter the application for the review is
made.646Notice of review decision(1)TheRegulatormust,withintheprescribedperiod,givetheapplicant notice (thereview
notice) of the review decision.(2)Ifthereviewdecisionisnotthedecisionsoughtbytheapplicant, the
review notice must state the following—(a)the
reasons for the decision;(b)for a review
decision relating to a reviewable decisionmadebyaroadmanagerforaroad—thatthereviewdecision is not
subject to further review or appeal underthis Law;(c)forareviewdecisionrelatingtoanotherreviewabledecision—(i)that the applicant may appeal against
the decisionunder Part 11.3; and(ii)how
to appeal;(d)for a review decision relating to a
reviewable decisionmade under Division 3 of Part 4.5 or
Division 4 of Part4.6 if the areas or routes for which the
authorisation thesubjectofthereviewabledecisionwassoughtaresituatedin2ormoreparticipatingjurisdictions—thejurisdictioninwhichmostoftheareasorroutesaresituated, worked out by reference to the
length of roadcovered by the areas or routes.Page
576Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(3)If the reviewer does not make a review
decision within theperiodrequiredundersection
645,therevieweristakentohavemadeareviewdecisionconfirmingthereviewabledecision.(4)In this section—prescribed
periodmeans—(a)for
a review of a reviewable decision made by a roadmanagerforaroad—assoonaspracticable,butnotmore than 7 days, after the reviewer
gives the Regulatornotice of the decision; or(b)for a review of another reviewable
decision—as soon aspracticable.Part 11.3Appeals647Appellable decisions(1)Apersonmayappealtotherelevantappealbodyagainstareview decision relating to a
reviewable decision made by theRegulator or an
authorised officer.(2)A person may appeal against the review
decision only within28 days after—(a)ifareviewnoticeisgiventothepersonundersection 646—the notice was given to the
person; or(b)if the reviewer is taken to have
confirmed the decisionundersection
646(3)—theperiodmentionedinthatsection
ends.(3)However, the relevant appeal body may
extend the period forappealing.(4)The
filing of an appeal does not affect the review decision, orthecarryingoutofthereviewdecision,unlessitisstayedunder section 648.Current as at [Not
applicable]Page 577
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule648Stay
of review decision(1)This section applies if, under this
Law, a person appeals to therelevant appeal
body against a review decision relating to—(a)a
reviewable decision made by the Regulator other thanon
the basis of a public safety ground; or(b)a
reviewable decision made by an authorised officer.(2)Thepersonmayimmediatelyapplytotherelevantappealbody for a stay
of the decision.(3)Therelevantappealbodymaystaythereviewdecisiontosecure the effectiveness of the
appeal.(4)Insettingthetimeforhearingthestayapplication,therelevantappealbodymustallowatleast3businessdaysbetween the day the application is filed
with it and the hearingday.(5)The
Regulator is a party to the application.(6)The
person must serve a copy of the application showing thetime
and place of the hearing, and any document filed in therelevant appeal body with the application,
on the Regulator atleast 2 business days before the
hearing.(7)The stay—(a)maybegivenonconditionstherelevantappealbodyconsiders
appropriate; and(b)operates for the period specified by
the relevant appealbody, but not extending past the time when
it decides theappeal; and(c)may
be revoked or amended by the relevant appeal body.649Powers of relevant appeal body on
appeal(1)Indeciding,underthisLaw,anappealagainstareviewdecision, the
relevant appeal body—(a)hasthesamepowersasthepersonwhomadethereviewabledecisiontowhichthereviewdecisionrelates; andPage 578Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)is not bound by the rules of evidence;
and(c)must comply with natural
justice.(2)An appeal is by way of
rehearing—(a)unaffected by the review decision;
and(b)on the material before the person who
made the reviewdecisionandanyfurtherevidenceallowedbytherelevant appeal body.(3)After hearing the appeal, the relevant
appeal body must—(a)confirm the review decision; or(b)setasidethereviewdecisionandsubstituteanotherdecision that it considers appropriate;
or(c)set aside the review decision and
return the issue to theperson who made the reviewable
decision to which thereviewdecisionrelateswiththedirectionsthatitconsiders appropriate.650Effect of decision of relevant appeal
body on appealIf,underthisLaw,therelevantappealbodysubstitutesanotherdecisionforareviewdecision,thesubstituteddecision is, for
the relevant provision of this Law, taken to bethat of the
person who made the reviewable decision to whichthe
review decision relates.Current as at [Not applicable]Page
579
Heavy
Vehicle National Law Act 2012ScheduleChapter 12AdministrationNotauthorised—indicativeonlyPart 12.1Responsible
Ministers651Policy directions(1)TheresponsibleMinistersmaygivedirectionstotheRegulator about the policies to be
applied by the Regulator inexercising its
functions under this Law.(2)A direction
under this section can not be about—(a)a
particular person; or(b)a particular
heavy vehicle; or(c)a particular application or
proceeding.(3)The Regulator must comply with a
direction given to it by theresponsible
Ministers under this section.(4)A
copy of a direction given by the responsible Ministers to
theRegulator is to be published in the
Regulator’s annual report.652Referral of
matters etc. by responsible Minister(1)TheresponsibleMinisterforaparticipatingjurisdictionmay—(a)referamatterrelevanttothatjurisdictiontotheRegulator for action under this Law;
or(b)ask the Regulator for information
about the exercise ofthe Regulator’s functions under this
Law as applied inthat jurisdiction.(2)However, the Minister can not—(a)refer a matter to the Regulator under
subsection (1)(a)thatmayrequiretheRegulatortotakeactionthatisinconsistent with—(i)adirectiongivenbytheresponsibleMinistersunder section 651; orPage 580Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(ii)the approved
guidelines; or(b)directtheRegulatortotakeornottotakeparticularaction in
relation to a matter referred to the Regulatorunder subsection
(1)(a); or(c)otherwiseinfluencetheexerciseoftheRegulator’sfunctions under
this Law.(3)The Regulator may charge a fee for
dealing with a referral orrequest made under subsection
(1).(4)A fee charged by the Regulator under
subsection (3) must bean amount—(a)the
Regulator considers reasonable; and(b)that
is no more than the reasonable cost of dealing withthe
referral or request.(5)Section
740(2)to(4)donotapplytoafeechargedbytheRegulator under
subsection (3).653Approved guidelines for exemptions,
authorisations,permits and other authorities(1)The responsible Ministers may approve
guidelines about anyof the following—(b)granting vehicle standards
exemptions;(c)granting mass or dimension
exemptions;(d)granting class 2 heavy vehicle
authorisations;(e)granting electronic recording system
approvals;(f)granting work and rest hours
exemptions;(g)granting work diary exemptions;(h)granting fatigue record keeping
exemptions;(i)granting heavy vehicle
accreditation;(j)granting or issuing an exemption,
authorisation, permitor authority, or making a declaration,
under the nationalregulations;Current as at [Not
applicable]Page 581
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(k)grantingPBSdesignapprovalsandPBSvehicleapprovals;(l)other matters as referred to in—(i)paragraph (a)(ii) of the
definitionroad conditioninsection 154; or(ii)section 156A(1)(a)(ii); or(iii)section
163(1)(b)(ii)(B); or(iv)section
174(1)(b); or(v)section 178(1)(b).(2)The
guidelines, and any instrument amending or repealing theguidelines, must be published in the
Commonwealth Gazette.(3)The Regulator
must ensure a copy of the guidelines as in forcefromtimetotimeandanydocumentapplied,adoptedorincorporated by the guidelines is—(a)madeavailableforinspection,withoutcharge,duringnormal business hours at each office of the
Regulator;and(b)published on the
Regulator’s website.654Other approvals(1)The
responsible Ministers may approve—(a)a
standard for sleeper berths; or(b)standards and business rules for—(i)advanced fatigue management; or(ii)basic fatigue
management; or(iii)heavy vehicle
maintenance management; or(iv)heavy vehicle
mass management; or(c)a class of auditors for the purposes
of Chapter 8.(2)The approval, and any instrument
amending or repealing theapproval, must be published in the
Commonwealth Gazette.Page 582Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012Schedule(3)TheRegulatormustensureacopyofanapprovalinforceundersubsection (1),andanydocumentthesubjectoftheapproval, is—(a)madeavailableforinspection,withoutcharge,duringnormal business hours at each office of the
Regulator;and(b)published on the
Regulator’s website.Notauthorised—indicativeonly655How responsible Ministers exercise
functions(1)The responsible Ministers are to give
a direction or approval,ormakearecommendation,requestordecision,forthepurposes of a provision of this Law by
a resolution passed bythe responsible Ministers in
accordance with the proceduresdecided by the
responsible Ministers.(2)Subsection (1)
applies subject to the following—(a)subsection (3);(b)a
provision of this Law that provides how a direction orapproval must be given, or a recommendation,
requestor decision must be made, by the responsible
Ministers,including, for example, a provision that
provides that arecommendationbytheresponsibleMinistersmustbeunanimous.(3)The
Commonwealth responsible Minister may decide whetheror
not to participate in the exercise of a function given to
theresponsibleMinistersunderthisLawand,iftheCommonwealthresponsibleMinisterdecidesnottoparticipate, the following apply in
relation to the exercise ofthe
function—(a)a reference in this Law to the
responsible Ministers istakentobeareferencetoagroupofMinistersconsistingoftheresponsibleMinisterforeachparticipating
jurisdiction;(b)adirection,approval,recommendation,requestordecisionbytheresponsibleMinistersistakentobeunanimousiftheresponsibleMinisterforeachCurrent as at [Not
applicable]Page 583
Heavy
Vehicle National Law Act 2012Scheduleparticipatingjurisdictionagreeswiththedirection,approval,
recommendation, request or decision.(4)An
act or thing done by the responsible Ministers (whether byresolution,instrumentorotherwise)doesnotceasetohaveeffect merely
because of a change in the Ministers comprisingthe responsible
Ministers.Notauthorised—indicativeonly655ADelegation by
responsible Ministers(1)TheresponsibleMinistersmaydelegatetotheBoardthefunction of approving a minor amendment
of—(a)a guideline mentioned in section 653;
or(b)an approval mentioned in section
654.(2)In this section—minoramendment,ofaguidelineorapproval,meansanamendment of the guideline or approval
in a minor respect—(a)for a formal or clerical reason;
or(b)in another way that does not—(i)increase a safety risk; or(ii)increase a risk
of damage to road infrastructure; or(iii)cause an adverse effect on public amenity;
or(iv)make a person
liable to a penalty.Part 12.2National Heavy
VehicleRegulatorDivision 1Establishment, functions andpowers656Establishment of National Heavy Vehicle
Regulator(1)The National Heavy Vehicle Regulator
is established.Page 584Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(2)It is the intention of the Parliament
of this jurisdiction that thisLaw as applied
by an Act of this jurisdiction, together withthisLawasappliedbyActsoftheotherparticipatingjurisdictions,
has the effect that the National Heavy VehicleRegulatorisonesinglenationalentity,withfunctionsconferred by this Law as so applied.(3)The Regulator has power to do acts in
or in relation to thisjurisdictionintheexerciseofafunctionexpressedtobeconferredonitbythisLawasappliedbyActsofeachparticipating
jurisdiction.(4)The Regulator may exercise its
functions in relation to—(a)one
participating jurisdiction; or(b)2 or
more or all participating jurisdictions collectively.657Status of Regulator(1)The Regulator—(a)is a
body corporate with perpetual succession; and(b)has
a common seal; and(c)may sue and be sued in its corporate
name.(2)The Regulator represents the
State.658General powers of Regulator(1)TheRegulatorhasallthepowersofanindividualand,inparticular, may—(a)enter into contracts; and(b)acquire,hold,disposeof,anddealwith,realandpersonal property; and(c)do
anything necessary or convenient to be done in theexercise of its functions.(2)Without limiting subsection (1), the
Regulator may enter intoan agreement with a State or Territory
that makes provisionfor—Current as at [Not
applicable]Page 585
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(a)theStateorTerritorytoprovideservicestotheRegulatorthatassisttheRegulatorinexercisingitsfunctions; or(b)theRegulatortoprovideservicestotheStateorTerritory relating to the functions of
the Regulator underthis Law.659Functions of Regulator(1)The
Regulator’s main function is to achieve the object of thisLaw.(2)Withoutlimitingsubsection (1),theRegulatorhasthefollowing functions—(a)to provide the necessary
administrative services for theoperation of
this Law, including, for example, collectingfees,chargesandotheramountspayableunderthisLaw;(aa)to keep the
database of heavy vehicles;(b)to
monitor compliance with this Law;(c)to
investigate contraventions or possible contraventionsof
provisions of this Law, including offences against thisLaw;(d)tobringandconductproceedingsinrelationtocontraventions or possible contraventions of
provisionsof this Law, including offences against this
Law;(e)tobringandconduct,orconductanddefend,appealsfrom
decisions in proceedings mentioned in paragraph(d);(f)to conduct reviews of particular
decisions made underthis Law by the Regulator or
authorised officers;(g)toconductanddefendappealsfromdecisionsonreviews mentioned in paragraph
(f);(h)to implement and manage an audit
program for heavyvehicle accreditations granted under this
Law;Page 586Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(i)tomonitorandreview,andreporttotheresponsibleMinisters on,
the operation of this Law, including, forexample,
monitoring, reviewing and reporting on—(i)theextenttowhichtheobjectofthisLaworparticular aspects of this Law are
being achieved;and(ii)the extent and
nature of noncompliance with thisLaw; and(iii)theoutcomeofactivitiesformonitoringandinvestigating compliance with this Law;
and(iv)theeffectofheavyvehicleaccreditationonachievingtheobjectofthisLaworparticularaspects of this
Law; and(v)the effect of modifications to this
Law as it appliesinaparticularparticipatingjurisdictiononachievingtheobjectofthisLaworparticularaspects of this
Law;(j)to identify and promote best practice
methods—(i)for complying with this Law;
and(ii)for managing
risks to public safety arising from theuse of heavy
vehicles on roads; and(iii)fortheproductiveandefficientroadtransportofgoods or passengers by heavy
vehicles;(k)to encourage and promote safe and
productive businesspracticesofpersonsinvolvedintheroadtransportofgoodsorpassengersbyheavyvehiclesthatdonotcompromise the object of this
Law;(l)toworkcollaborativelywithotherlawenforcementagencies to
ensure a nationally consistent approach forenforcingcontraventionsoflawsinvolvingheavyvehicles;(m)toworkcollaborativelywithroadmanagers,theNational Transport Commission and
industry bodies toensure a wide understanding of the object of
this Law orCurrent as at [Not applicable]Page
587
Heavy
Vehicle National Law Act 2012ScheduleparticularaspectsofthisLaw,andencourageparticipation in
achieving the object;(n)the other
functions conferred on it under this Law.Notauthorised—indicativeonly660Cooperation with
participating jurisdictions andCommonwealth(1)TheRegulatormayexerciseanyofitsfunctionsincooperationwithorwiththeassistanceofaparticipatingjurisdiction or
the Commonwealth, including in cooperationwithorwiththeassistanceofagovernmentagencyofaparticipating
jurisdiction or of the Commonwealth.(2)In
particular, the Regulator may—(a)ask
a government agency of a participating jurisdictionortheCommonwealthforinformationthattheRegulatorrequirestoexerciseitsfunctionsunderthisLaw; and(b)usetheinformationprovidedtoexerciseitsfunctionsunder this
Law.(c)giveinformationtoagovernmentagencyofaparticipating
jurisdiction or the Commonwealth that theagency requires
to exercise its functions under a law ofthe
participating jurisdiction or the Commonwealth.(3)A
government agency that receives a request for informationunder this section from the Regulator is
authorised to give theinformation to the Regulator.(4)AgovernmentagencythatreceivesinformationunderthissectionfromtheRegulatorisauthorisedtousetheinformationonlytoexerciseitsfunctionsmentionedinsubsection (2)(c).661Delegation(1)The
Regulator may delegate any of its functions to—(a)thechiefexecutiveofanentityoradepartmentofgovernmentofaparticipatingjurisdictionortheCommonwealth; orPage 588Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)thechiefexecutiveofficeroranothermemberofthestaff of the
Regulator; or(c)a person engaged as a contractor by
the Regulator; or(d)anyotherpersonwhomtheRegulatorconsidersisappropriately qualified to exercise
the function.(2)A delegation of a function may permit
the subdelegation ofthe function to an appropriately
qualified person.Note—See section 29
of Schedule 1 which provides for matters relating to thedelegation and subdelegation of
functions.Division 2Governing board
of RegulatorSubdivision 1Establishment
and functions662Establishment of National Heavy
Vehicle Regulator Board(1)The Regulator
has a governing board known as the NationalHeavy Vehicle
Regulator Board.(2)It is the intention of the Parliament
of this jurisdiction that thisLaw as applied
by an Act of this jurisdiction, together withthisLawasappliedbyActsoftheotherparticipatingjurisdictions,
has the effect that the National Heavy VehicleRegulator Board
is one single national entity, with functionsconferred by
this Law as so applied.(3)TheBoardhaspowertodoactsinorinrelationtothisjurisdictionintheexerciseofafunctionexpressedtobeconferredonitbythisLawasappliedbyActsofeachparticipating
jurisdiction.(4)The Board may exercise its functions
in relation to—(a)one participating jurisdiction;
or(b)2 or more or all participating
jurisdictions collectively.Current as at [Not applicable]Page
589
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule663Membership of Board(1)TheBoardconsistsof5membersappointedbytheQueenslandMinisterontheunanimousrecommendationofthe
responsible Ministers.(2)The members of
the Board must consist of—(a)atleast1memberwhohasexpertiseintransportationpolicy;
and(b)at least 1 other member who has
expertise in economics,law, accounting, social policy or
education and training;and(c)at
least 1 other member who has experience in managingrisks to public safety arising from the use
of vehicles onroads; and(d)at
least 1 other member who has financial managementskills, business skills, administrative
expertise or otherskills or experience the responsible
Ministers believe isappropriate.(3)Of
the members of the Board, one is to be appointed by theQueensland Minister, on the unanimous
recommendation ofthe responsible Ministers, as the
Chairperson of the Board andanother as the
Deputy Chairperson.664Functions of Board(1)The
affairs of the Regulator are to be controlled by the Board.(2)Without limiting subsection (1), the
Board’s functions includethe following—(a)subjecttoanydirectionsoftheresponsibleMinisters,deciding the
policies of the Regulator;(b)ensuringtheRegulatorexercisesitsfunctionsinaproper, effective and efficient
way.(3)All acts and things done in the name
of, or on behalf of, theRegulator by or with the authority of
the Board are taken tohave been done by the
Regulator.Page 590Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(4)The Board has any other functions
given to the Board underthis Law.Subdivision
2Members665Terms
of office of members(1)Subject to this
Division, a member of the Board holds officefortheperiod,notmorethan3years,specifiedinthemember’s
instrument of appointment.(2)If otherwise
qualified, a member of the Board is eligible forreappointment.666RemunerationA member of the
Board is entitled to be paid the remunerationandallowancesdecidedbytheresponsibleMinistersfromtime to
time.667Vacancy in office of member(1)The office of a member of the Board
becomes vacant if themember—(a)completes a term of office; or(b)resignstheofficebysignednoticegiventotheresponsible Ministers; or(c)hasbeenfoundguiltyofanoffence,whetherinaparticipatingjurisdictionorelsewhere,thattheresponsible Ministers consider renders
the member unfitto continue to hold the office of member;
or(d)becomes bankrupt, applies to take the
benefit of any lawforthereliefofbankruptorinsolventdebtors,compoundswiththemember’screditorsormakesanassignmentofthemember’sremunerationfortheirbenefit;
orCurrent as at [Not applicable]Page
591
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(e)isabsent,withoutleavefirstbeinggrantedbytherelevant entity,
from 3 or more consecutive meetings ofthe Board of
which reasonable notice has been given tothe member
personally or by post; or(f)isremovedfromofficebytheQueenslandMinisterunder this section; or(g)dies.(2)The
Queensland Minister may remove a member of the BoardfromofficeiftheresponsibleMinistersrecommendtheremovalofthememberonthebasisthatthememberhasengaged in misconduct or has failed to or is
unable to properlyexercise the member’s functions as a member
of the Board.(3)In this section—relevant
entitymeans—(a)for
a member who is the Chairperson of the Board—theresponsible Ministers; or(b)for another member—the Chairperson of
the Board.668Board member to give responsible
Ministers notice ofcertain eventsA member of the
Board must, within 7 days of either of thefollowingeventsoccurring,givetheresponsibleMinistersnotice of the event—(a)the
member is convicted of an offence;(b)thememberbecomesbankrupt,appliestotakethebenefit of any law for the relief of
bankrupt or insolventdebtors,compoundswiththemember’screditorsormakes an assignment of the member’s
remuneration fortheir benefit.669Extension of term of office during vacancy
inmembership(1)IftheofficeofamemberoftheBoardbecomesvacantbecausethememberhascompletedthemember’stermofPage 592Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Scheduleoffice, the member is taken to continue to
be a member duringthatvacancyuntilthedateonwhichthevacancyisfilled,whether by
re-appointment of the member or appointment of asuccessor to the member.(2)However, this section ceases to apply to the
member if—(a)thememberresignsthemember’sofficebysignednotice given to
the responsible Ministers; or(b)theresponsibleMinistersdecidetheservicesofthemember are no longer required.(3)ThemaximumperiodforwhichamemberoftheBoardistakentocontinuetobeamemberunderthissectionaftercompletion of the member’s term of office is
6 months.670Members to act in public
interestA member of the Board is to act impartially
and in the publicinterestintheexerciseofthemember’sfunctionsasamember.671Disclosure of conflict of
interest(1)If a member of the Board has a direct
or indirect pecuniary orother interest that conflicts or may
conflict with the exerciseof the member’s functions as a member,
the member must, assoonaspossibleaftertherelevantfactshavecometothemember’sknowledge,disclosethenatureofthemember’sinterest and the
conflict to—(a)for a member who is the Chairperson of
the Board—theresponsible Ministers; or(b)for another member—the Chairperson of
the Board.(2)Ifadisclosureismadeundersubsection (1),theentitytowhomthedisclosureismademustnotifytheBoardofthedisclosure.(3)Particulars of any disclosure made under
subsection (1) mustbe recorded by the Board in a register of
interests kept for thepurpose.Current as at [Not
applicable]Page 593
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(4)After a member of the Board has disclosed
the nature of aninterest and conflict or potential conflict
under subsection (1),the member must not be present during
any deliberation of theBoard with respect to any matter that
is, or may be, affectedby the conflict, or take part in any
decision of the Board withrespecttoanymatterthatis,ormaybe,affectedbytheconflict, unless—(a)for
a member who is the Chairperson of the Board, theresponsible Ministers otherwise decide;
or(b)for another member, the Board
otherwise decides.(5)ForthepurposesofthemakingofadecisionbytheBoardunder subsection
(4) in relation to a matter, a member of theBoard who has a
direct or indirect pecuniary or other interestthatconflictsormayconflictwiththeexerciseofthemember’s functions as a member with
respect to the mattermust not—(a)be
present during any deliberation of the Board for thepurpose of making the decision; or(b)take part in the making of the
decision by the Board.(6)AcontraventionofthissectiondoesnotinvalidateanydecisionoftheBoardbutiftheBoardbecomesawareamember of the Board contravened this
section, the Board mustreconsideranydecisionmadebytheBoardinwhichthemember took part in contravention of this
section.Subdivision 3Meetings672General procedure(1)The
procedure for the calling of meetings of the Board and forthe
conduct of business at the meetings is, subject to this Law,to
be decided by the Board.(2)Withoutlimitingsubsection
(1),theChairpersonoftheBoard—(a)may
at any time call a meeting of the Board; andPage 594Current as at [Not applicable]
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Vehicle National Law Act 2012Schedule(b)mustcallameetingifasked,inwriting,byatleast3other members of the Board.673QuorumThe quorum for a
meeting of the Board is a majority of itsmembers.674Chief executive officer may attend
meetings(1)ThechiefexecutiveofficeroftheRegulatormayattendmeetingsoftheBoardandparticipateindiscussionsoftheBoard.(2)However, the chief executive officer—(a)must, as soon as possible after
becoming aware that thechief executive officer has a direct
personal interest in amattertobeconsideredbytheBoard,disclosetheinterest to the Chairperson of the
Board; and(b)is not entitled to be present during
the consideration bytheBoardofanymatterinwhichthechiefexecutiveofficer has a direct personal interest;
and(c)is not entitled to vote at a
meeting.675Presiding member(1)The
Chairperson of the Board is to preside at a meeting of theBoard.(2)However, in the absence of the Chairperson
of the Board thefollowing person is to preside at a meeting
of the Board—(a)if the Deputy Chairperson of the Board
is present at themeeting, the Deputy Chairperson;(b)otherwise, a person elected by the
members of the Boardwho are present at the meeting.(3)The presiding member has a
deliberative vote and, in the eventof an equality
of votes, has a second or casting vote.Current as at [Not
applicable]Page 595
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule676VotingAdecisionsupportedbyamajorityofthevotescastatameetingoftheBoardatwhichaquorumispresentisthedecision of the Board.677MinutesThe Chairperson
or other member of the Board presiding at ameeting of the
Board must ensure minutes of the meeting aretaken.678First meetingThe Chairperson
of the Board may call the first meeting of theBoard in any way
the Chairperson thinks fit.679Defects in
appointment of membersA decision of the Board is not
invalidated by any defect orirregularity in
the appointment of any member of the Board.Subdivision
4Committees680Committees(1)TheBoardmayestablishcommitteestoassisttheBoardinexercising its functions.(2)ThemembersofacommitteeneednotbemembersoftheBoard.(3)AmemberofacommitteeisappointedonthetermsandconditionstheBoardconsidersappropriate,includingtermsabout
remuneration.(4)The procedure for the calling of
meetings of a committee andfor the conduct
of business at the meetings may be decided bytheBoardor,subjecttoanydecisionoftheBoard,bythecommittee.Page 596Current as at [Not applicable]
Notauthorised—indicativeonlyDivision 3Heavy Vehicle
National Law Act 2012ScheduleChief executive
officer681Chief executive officer(1)There is to be a chief executive
officer of the Regulator.(2)The chief
executive officer is to be appointed by the Board.(3)The chief executive officer is to be
appointed for a period, notmorethan5years,specifiedintheofficer’sinstrumentofappointment.(4)The
chief executive officer is eligible for re-appointment.(5)The chief executive officer is taken,
while holding that office,to be a member of the staff of the
Regulator.682Functions of chief executive
officerThe chief executive officer of the
Regulator—(a)isresponsiblefortheday-to-daymanagementoftheRegulator; and(b)has
any other functions conferred on the chief executiveofficer by the Board.683Delegation by chief executive officerThe
chief executive officer of the Regulator may delegate anyof
the functions conferred on the officer, other than this
powerof delegation, to—(a)anappropriatelyqualifiedmemberofthestaffoftheRegulator; or(b)thechiefexecutiveofanentity,oradepartmentofgovernment, of a participating
jurisdiction.Current as at [Not applicable]Page
597
Heavy
Vehicle National Law Act 2012ScheduleDivision 4StaffNotauthorised—indicativeonly684Staff(1)The Regulator may, for the purpose of
exercising its functions,employ staff.(2)The
staff of the Regulator are to be employed on the terms andconditions decided by the Regulator from
time to time.(3)Subsection (2) is subject to any
relevant industrial award oragreement that
applies to the staff.685Staff seconded to
RegulatorThe Regulator may make arrangements for the
services of anyof the following persons to be made
available to the Regulatorin connection with the exercise of its
functions—(a)amemberofthestaffofagovernmentagencyoftheCommonwealth, a
State or a Territory;(b)a member of the
staff of a local government authority.686Consultants and contractors(1)TheRegulatormayengagepersonswithsuitablequalifications and experience as consultants
or contractors.(2)Thetermsandconditionsofengagementofconsultantsorcontractors are as decided by the Regulator
from time to time.Part 12.2ADatabase of
heavy vehicles686ADatabase of heavy vehicles(1)TheRegulatormustkeepadatabaseofheavyvehiclesthatenables the
identification of a heavy vehicle registered underalawofaparticipatingjurisdictionandtheregisteredoperator of the
vehicle.(2)The database of heavy vehicles
must—Page 598Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(a)bekeptinthewayprescribedbythenationalregulations;
and(b)containtheinformationprescribedbythenationalregulations.(3)The
Regulator may include in the database of heavy vehiclesotherinformationtheRegulatorconsidersrelevanttotheobjectsofthisLaw,includinginformationgivenbyanotherAustralian
jurisdiction to the Regulator.(4)TheRegulatormayrequirearegistrationauthoritythatregistersaheavyvehicleunderalawofaparticipatingjurisdiction to
give the Regulator the information prescribedundersubsection(2)(b)assoonasreasonablypracticableafter the
registration authority receives the information.(5)If the registration authority becomes
aware of a change to theinformation given to the Regulator
under subsection (4), theregistration authority must, as soon
as reasonably practicableafter becoming aware of the change,
notify the Regulator ofthe change.686BRegulator may share information in database
of heavyvehiclesThe Regulator
may give information included in the databaseof heavy
vehicles to—(a)a registration authority for a
participating jurisdictionor another Australian jurisdiction;
or(b)apoliceforceorpoliceserviceforaparticipatingjurisdiction or
another Australian jurisdiction.Current as at [Not
applicable]Page 599
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012SchedulePart 12.3MiscellaneousDivision 1Finance687National Heavy Vehicle Regulator Fund(1)The National Heavy Vehicle Regulator
Fund is established.(2)The Fund is to
be administered by the Regulator.(3)TheRegulatormayestablishaccountswithanyfinancialinstitution for
money in the Fund.(4)TheFunddoesnotformpartoftheconsolidatedfundorconsolidatedaccount(howeverdescribed)ofaparticipatingjurisdiction or
the Commonwealth.688Payments into Fund(1)ThereispayableintotheFund(exceptasprovidedbysubsection (2))—(a)allmoneyappropriatedbytheParliamentofanyparticipating jurisdiction or the
Commonwealth for thepurposes of the Fund; and(b)all fees, charges, costs and expenses
paid to or recoveredby the Regulator under this Law;
and(c)the proceeds of the investment of
money in the Fund;and(d)all grants,
gifts and donations made to the Regulator, butsubject to any
trusts declared in relation to the grants,gifts or
donations; and(e)all money directed or authorised to be
paid into the Fundunder this Law, any law of a participating
jurisdiction orany law of the Commonwealth; and(f)any other money or property received
by the Regulatorin connection with the exercise of its
functions; andPage 600Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(g)anymoneypaidtotheRegulatorfortheprovisionofservicestoaStateorTerritoryunderanagreementmentioned in
section 658(2)(b).(2)Money that is received by the
Regulator under an agreementmentioned in
section 658(2)(b) and that is payable to anotherentity under the agreement is not payable
into the Fund.689Payments out of FundPayments may be made from the Fund for the
purpose of—(a)payinganycostsorexpenses,ordischarginganyliabilities, incurred in the administration
or enforcementof this Law, including, for example,
payments made to aState or Territory for the provision of
services under anagreement mentioned in section 658(2)(a);
and(b)paying any money directed or
authorised to be paid outof the Fund under this Law; and(c)makinganyotherpaymentsrecommendedbytheRegulator and approved by the
responsible Ministers.690Investment by
Regulator(1)The Regulator must invest its funds in
a way that is secure andprovides a low risk so that the
Regulator’s exposure to the lossof funds is
minimised.(2)The Regulator must keep records that
show it has invested in away that complies with subsection
(1).691Financial management duties of
RegulatorThe Regulator must—(a)ensureitsoperationsarecarriedoutefficiently,effectively and
economically; and(b)keep proper books and records in
relation to the Fundand other money received by the
Regulator; andCurrent as at [Not applicable]Page
601
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(c)ensureexpenditureismadefromtheFundforlawfulpurposesonlyand,asfaraspossible,thatreasonablevalue is
obtained for money expended from the Fund;and(d)ensureitsprocedures,includinginternalcontrolprocedures,affordadequatesafeguardswithrespectto—(i)thecorrectness,regularityandproprietyofpayments made from the Fund; and(ii)receiving and
accounting for payments made to theFund; and(iii)prevention of
fraud or mistake; and(e)take any action
necessary to ensure the preparation ofaccuratefinancialstatementsinaccordancewithAustralianAccountingStandardsforinclusioninitsannual report; and(f)takeanyactionnecessaryto
facilitatetheauditofthefinancial statements under this Law;
and(g)arrange for any further audit by a
qualified person of thebooks and records kept by the
Regulator if directed to doso by the
responsible Ministers.692Amounts payable
to other entities(1)TheRegulatormayestablishaccountswithanyfinancialinstitutionformoneyreferredtoinsection
688(2),pendingpayment of the
money to States, Territories or other entitiesentitled to
receive it under—(a)applicableagreementsmentionedinsection 658(2)(b);or(b)arrangements approved by the
responsible Ministers, tothe extent applicable agreements do
not make provisionfor payment.(2)Money in an account established under this
section does notformpartoftheconsolidatedfundorconsolidatedaccountPage
602Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012Schedule(howeverdescribed)ofaparticipatingjurisdictionortheCommonwealth.Notauthorised—indicativeonlyDivision 2Reporting and
planningarrangements693Annual report(1)TheRegulatormust,within3monthsaftertheendofeachfinancial year,
give the responsible Ministers an annual reportfor the
financial year.(2)The annual report must—(a)include for the period to which the
report relates—(i)the financial statements that have
been audited byanauditordecidedbytheresponsibleMinisters;and(ii)astatementofactualperformancemeasuredagainsttheNationalPerformanceMeasures(Standards and Indicators) outlined in the
currentcorporate plan under section 695; and(iii)astatementofexceptionswheretheNationalPerformance
Measures (Standards and Indicators)were not
achieved, including a statement of issuesthat impacted on
the achievement of the measures;and(iv)astatementoftrendanalysisrelatingtoperformancemeasuredagainsttheNationalPerformance
Measures (Standards and Indicators);and(v)astatementoftheoutcomeofconsultationstrategiesandactivities,includingasummaryofindustry comments; and(vi)astatementoftheachievementsattainedinimplementing,andthechallengesencounteredinimplementing, the Regulator’s objectives
stated inthe current corporate plan; andCurrent as at [Not applicable]Page
603
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(vii) astatementoftheachievementsattainedintheexercise of the
Regulator’s functions; and(viii) astatementofarrangementsinplacetosecurecollaboration
with State and Territory agencies andthe
effectiveness of those arrangements; and(ix)astatementindicatingthenatureofanyreportsrequestedbytheresponsibleMinistersundersection 694;
and(x)other matters required by the national
regulations;and(b)bepreparedinthewayrequiredbythenationalregulations.(3)Withoutlimitingsubsection (2)(b),thenationalregulationsmay
provide—(a)thatthefinancialstatementsaretobepreparedinaccordance with Australian Accounting
Standards; and(b)for the auditing of the financial
statements.(4)The responsible Ministers are to make
arrangements for thetabling of the Regulator’s annual
report in each House of theParliamentofeachparticipatingjurisdictionandoftheCommonwealth.(5)As
soon as practicable after the annual report has been tabledinatleastoneHouseoftheParliamentofaparticipatingjurisdiction,
the Regulator must publish a copy of the reporton the
Regulator’s website.694Other reportsThe responsible
Ministers may, by written direction given tothe Regulator,
require the Regulator to give to the responsibleMinisters, within the period stated in the
direction, a reportabout any matter that relates to the
exercise by the Regulatorof its functions.Page 604Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly695Corporate plans(1)The
Regulator must, on an annual basis, prepare and give totheresponsibleMinistersforapprovalbytheMinistersacorporate plan for each 3 year
period.(2)The corporate plan must—(a)outline the Regulator’s objectives for
the 3 year period;and(b)statehowtheRegulator’sobjectiveswillbeimplemented during the 3 year period;
and(c)contain a statement outlining the
National PerformanceMeasures (Standards and Indicators),
determined by theRegulatorundersubsection (4),forthe3yearperiod,including (but
not limited to) annual measures for eachof the 3 years
specifying—(i)thestandardsexpectedtobecompliedwithforeach year; and(ii)the
performance indicators proposed to be used formeasuringtheRegulator’sprogressinimplementing the Regulator’s
objectives during theyear; and(d)identifyanychallengesandrisksthattheRegulatorreasonablybelievesmayhaveasignificantimpact,during the 3 year period, on—(i)theRegulator’sabilitytoimplementtheRegulator’s objectives; and(ii)the achievement
of the object of this Law; and(iii)the
exercise of the Regulator’s functions; and(e)includetheRegulator’sproposedbudgetforeachfinancial year
commencing within the 3 year period.(3)TheRegulatormust,bynoticegiventotheresponsibleMinisters,advisetheMinistersifeitherofthefollowingoccurs—(a)theRegulatormakesasignificantamendmenttoitscorporate
plan;Current as at [Not applicable]Page
605
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)the
Regulator becomes aware of an issue that will have asignificantimpactonitsabilitytoimplementtheobjectives stated in the corporate
plan.(4)TheRegulatormustpublishdocumentationforNationalPerformanceMeasuresontheRegulator’swebsiteanddetermineNationalPerformanceMeasures(StandardsandIndicators) in accordance with the
documentation.Division 3Oversight of the
Regulator andBoard696Application of particular Queensland Acts to
this Law(1)The following Acts, as in force from
time to time, apply forthe purposes of this Law—(a)theInformation
Privacy Act 2009of Queensland;(b)thePublic Records Act 2002of
Queensland;(c)theRight to
Information Act 2009of Queensland.(2)However, the Acts mentioned in subsection
(1) do not applyfor the purposes of this Law to the extent
that—(a)functions under this Law are being
exercised by a Stateor Territory entity; or(b)withoutlimitingparagraph(a),functionsarebeingexercisedbyaStateorTerritoryentityunderanagreementmentionedinsection 658(2)(a)orunderadelegation under this Law.(3)ThenationalregulationsmaymodifyanActmentionedinsubsection (1) for the purposes of this
Law.(4)Withoutlimitingsubsection (3),thenationalregulationsmay—(a)provide that the Act applies as if a
provision of the Actspecified in the regulations were
omitted; orPage 606Current as at
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Vehicle National Law Act 2012Schedule(b)provide that the Act applies as if an
amendment to theAct made by a law of Queensland, and
specified in theregulations, had not taken effect; or(c)confer a function on a State or
Territory entity; or(d)conferjurisdictiononatribunalorcourtofaparticipating jurisdiction.(5)An Act mentioned in subsection (1)
applies for the purposesof this Law as if the Minister
responsible for a governmentagency were the
responsible Ministers in relation to a bodyestablished by
this Law.(6)Subsection (5) applies to an Act
mentioned in subsection (1)with the
modifications (if any) mentioned in subsection (3),but
does not apply in relation to any provisions of that Actspecified in the national regulations for
the purposes of thissubsection.(7)In
this section—State or Territory entitydoes
not include the Regulator.Division 4Provisions
relating to personsexercising functions under Law697General duties of persons exercising
functions under thisLaw(1)ApersonexercisingfunctionsunderthisLawmust,whenexercising the functions, act honestly and
with integrity.(2)A person exercising functions under
this Law must exercisethe person’s functions under this
Law—(a)in good faith; and(b)with
a reasonable degree of care, diligence and skill.(3)A person exercising functions under
this Law must not makeimproper use of the person’s position
or of information thatcomes to the person’s knowledge in the
course of, or becauseof, the person’s exercise of the
functions—Current as at [Not applicable]Page
607
Heavy
Vehicle National Law Act 2012Schedule(a)to gain an advantage for himself or
herself or anotherperson; or(b)to
cause a detriment to the implementation or operationof
this Law.Maximumpenaltyforthepurposesofsubsection (3)—$10000.Notauthorised—indicativeonly698Protection from
personal liability for persons exercisingRegulator’s or
Board’s functions under this Law(1)A
person who is or was a protected person does not incur civilliability personally for anything done or
omitted to be done ingood faith—(a)intheexerciseofafunctionoftheRegulatorortheBoard under this
Law; or(b)in the reasonable belief that the act
or omission was theexerciseofafunctionoftheRegulatorortheBoardunder this
Law.(2)Any liability resulting from an act or
omission that would, butfor the purposes of subsection (1),
attach to a protected personattaches instead
to the Regulator.(3)In this section—protectedpersonmeansanindividualwhoisanyofthefollowing—(a)a
member of the Board;(b)a member of a
committee of the Board;(c)a member of the
staff of the Regulator;(d)an authorised
officer;(e)a person to whom the Regulator has
delegated any of itsfunctionsortowhomfunctionsdelegatedbytheRegulator have been
subdelegated;(f)apersonactingunderthedirectionorauthorityofaperson mentioned in paragraphs (a) to
(e), including, forexample,apersonhelpinganauthorisedofficeroranassistant
mentioned in section 518, 519 or 523;Page 608Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(g)a person—(i)whoconstitutesabodycorporatethatexercisesfunctions of the Regulator under this Law;
and(ii)who is, or is of
a class, prescribed by the nationalregulations;(h)any
other person exercising functions of the Regulatorunder this Law.Chapter 13GeneralPart 13.1General offencesDivision 1Offence about discrimination orvictimisation699Discrimination against or victimisation of
employees(1)Anemployermustnotdismissanemployee,orotherwiseprejudice an
employee in the employee’s employment, for thereason that the
employee—(a)has helped or given information to a
public authority orlaw enforcement agency in relation to a
contravention oralleged contravention of this Law; or(b)has made a complaint about a
contravention or allegedcontraventionofthisLawtoanemployer,formeremployer,fellowemployee,formerfellowemployee,union or public
authority or law enforcement agency.Examplesofprejudicialconductinrelationtoanemployee’semployment—•demotion of the employee•unwarranted transfer of the employee•reducing the employee’s terms of
employmentCurrent as at [Not applicable]Page
609
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012ScheduleMaximum
penalty—$10000.(2)Anemployermustnotfailtoofferemploymenttoaprospectiveemployee,orinofferingemploymenttoaprospectiveemployeetreattheprospectiveemployeelessfavourablythananotherprospectiveemployeewouldbetreatedinsimilarcircumstances,forthereasonthattheprospective employee—(a)has helped or given information to a
public authority orlaw enforcement agency in relation to a
contravention oralleged contravention of this Law; or(b)has made a complaint about a
contravention or allegedcontraventionofthisLawtoanemployer,formeremployer,fellowemployee,formerfellowemployee,union or public
authority or law enforcement agency.Maximum
penalty—$10000.(3)In a proceeding for an offence against
subsection (1) or (2), ifall the facts constituting the offence
other than the reason forthe defendant’s action are proved, the
defendant has the onusof proving that the defendant’s action
was not for the reasonalleged in the charge for the
offence.(4)In this section—employeeincludes an individual who works under a
contractfor services.employer, of
a prospective employee, includes a prospectiveemployer of the
employee.700Order for damages or
reinstatement(1)Thissectionappliesifacourtconvictsanemployerofanoffenceagainstsection 699inrelationtoanemployeeorprospective employee.(2)In
addition to imposing a penalty, the court may make 1 ormore
of the following orders—(a)an order that
the employer pay, within a stated period,the employee or
prospective employee the damages thePage 610Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedulecourt considers appropriate to compensate
the employeeor prospective employee;(b)foranemployee—anorderthattheemployeebereinstatedorre-employedintheemployee’sformerposition or, if that position is not
available, in a similarposition;(c)foraprospectiveemployee—anorderthattheprospectiveemployeebeemployedinthepositionforwhichtheprospectiveemployeeappliedor,ifthatposition is not
available, in a similar position.(3)An
order for damages under subsection (2)(a)—(a)cannotbeforanamountexceedingthemonetaryjurisdictional
limit of the court in civil proceedings; and(b)is
taken to be, and is enforceable as, a judgment of thecourt sitting in civil proceedings.(4)Apersonagainstwhomanorderismadeundersubsection (2)(b) or (c) must comply with
the order.Maximum penalty—$10000.(5)In
this section—employeeincludes an
individual who works under a contractfor
services.employer, of a
prospective employee, includes a prospectiveemployer of the
employee.Division 2Offences about
false or misleadinginformation701False
or misleading statements(1)A person commits
an offence if the person makes a statementto an official
that the person knows is false or misleading.Maximum
penalty—$10000.(2)A person commits an offence if the
person—Current as at [Not applicable]Page
611
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(a)makesastatementtoanofficialthatisfalseormisleading; and(b)isrecklessastowhetherthestatementisfalseormisleading.Maximum
penalty—$8000.(3)Subsections (1) and (2) apply even if
the statement was notgiveninresponseto,orinpurportedcompliancewith,adirection or requirement under this
Law.(4)In a proceeding for an offence against
subsection (1) or (2), itis enough for a charge to state that
the statement made was‘false or misleading’, without
specifying whether it was falseor whether it
was misleading.(5)In this section—officialincludes—(a)TCA
exercising a function under Chapter 7; and(b)a
person exercising a function under this Law under thedirection or authority of an
official.702False or misleading documents(1)A person commits an offence if the
person gives an official adocument containing information the
person knows is false ormisleading.Maximum
penalty—$10000.(2)Subsection (1) does not apply if the
person, when giving thedocument—(a)tellstheofficialhowinformationcontainedinthedocument is
false or misleading; and(b)ifthepersonhasthecorrectinformation—givesthecorrect information.(3)A
person commits an offence if the person—(a)gives an official a document containing
information thatis false or misleading; andPage
612Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)isrecklessastowhetherinformationcontainedinthedocument is
false or misleading.Maximum penalty—$8000.(4)Subsections (1) and (3) apply even if
the document was notgiveninresponseto,orinpurportedcompliancewith,adirection or requirement under this
Law.(5)In a proceeding for an offence against
subsection (1) or (3), itis enough for a charge to state that
the information was ‘falseormisleading’,withoutspecifyingwhetheritwasfalseorwhether it was misleading.(6)In this section—officialincludes—(a)TCA
exercising a function under Chapter 7; and(b)a
person exercising a function under this Law under thedirection or authority of an
official.703False or misleading information given
by responsibleperson to another responsible person(1)Aresponsiblepersonforaheavyvehicle(theinformationgiver)
must not give another responsible person for a heavyvehicle(theaffectedperson)informationtheinformationgiverknows,oroughtreasonablytoknow,isfalseormisleading in a material particular.Maximum penalty—$10000.Note—See
section 632 for the matters a court may consider when
decidingwhether a person ought reasonably to have
known something.(2)Aresponsiblepersonforaheavyvehicle(alsotheinformation giver) must not give
another responsible personfor a heavy vehicle (theaffected person) information
that isfalse or misleading in a material particular
if the informationgiver does so recklessly as to whether the
information is falseor misleading in the material
particular.Maximum penalty—$8000.Current as at [Not
applicable]Page 613
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(3)Subsections (1)and(2)donotapplyiftheaffectedpersonknew,oroughtreasonablytohaveknown,thattheinformation was false or misleading in the
material particular.(4)Subsection (1)
or (2) does not apply if the information givergivestheinformationinwritingand,whengivingtheinformation—(a)tells the affected person how it is false or
misleading;and(b)iftheinformationgiverhasthecorrectinformation—gives the
correct information in writing.(5)Subsection (1) or (2) applies even if the
information was notgiveninresponseto,orinpurportedcompliancewith,adirection or requirement under this
Law.(6)In a proceeding for an offence against
subsection (1) or (2)—(a)it is enough for
a charge to state that the statement madewas ‘false or
misleading’, without specifying whether itwas false or
whether it was misleading; and(b)itisenoughforachargetostatethattheinformationgiven was false
or misleading to the information giver’sknowledge,
without specifying whether the informationgiverkneworoughtreasonablytohaveknowntheinformation was false or
misleading.(7)In this section—informationmeans
information in any form, whether or not inwriting.material particularmeans a
particular relating to an elementof an offence
against this Law that is or could be committedby a person
mentioned in paragraph (a) or (b) if the personrelies, or were
to rely, on the particular—(a)the
responsible person for a heavy vehicle to whom theinformation is given;(b)any
other responsible person for a heavy vehicle who, atany
time, is given the false or misleading information.Page
614Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly704Offence to falsely represent that
heavy vehicle authorityis held etc.(1)A
person must not represent—(a)thatthepersonhasbeengrantedaheavyvehicleauthority the person has not been granted;
or(b)thataheavyvehicleauthorityhasbeengrantedinrelation to a thing for which it has
not been granted; or(c)thatthepersonisoperatingunderaheavyvehicleauthority that the person is not entitled to
operate under;or(d)that a thing is
operating under a heavy vehicle authoritythat the thing
is not authorised to operate under.Maximum
penalty—$10000.(2)Apersonmustnotrepresentthatthepersonorathingisoperating under a heavy vehicle authority if
the authority is nolonger in force.Maximum
penalty—$10000.(3)A person must not possess a document
that falsely purports tobe—(a)anaccreditationcertificateforaheavyvehicleaccreditation; or(b)a
document mentioned in section 468(1)(b) or (c); or(c)adocumentevidencingthegrantofanelectronicrecordingsystemapproval,exemption,authorisation,permit or other
authority under this Law; orExamples—a
Commonwealth Gazette notice, a permit(d)a
copy of a document mentioned in paragraph (a), (b) or(c).Maximum
penalty—$10000.(4)In this section—heavy vehicle
authoritymeans—(a)a
heavy vehicle accreditation; orCurrent as at [Not
applicable]Page 615
Heavy
Vehicle National Law Act 2012Schedule(b)anelectronicrecordingsystemapproval,exemption,authorisation,
permit or other authority under this Law.Notauthorised—indicativeonlyPart 13.2Industry codes
of practice705Guidelines for industry codes of
practice(1)The Regulator may make guidelines
about the preparation andcontent of an industry code of
practice that may be registeredunder this
Law.(2)Withoutlimitingsubsection (1),theguidelinesmayprovidethatanindustrycodeofpracticeregisteredunderthisLawmust
provide for the review of the code of practice.(3)The
Regulator must—(a)keep a copy of the guidelines
available for inspection bythe public,
during office hours on business days, at theRegulator’s head
office; and(b)publishacopyoftheguidelinesontheRegulator’swebsite.706Registration of industry codes of
practice(1)The Regulator may register an industry
code of practice forthepurposesofthisLawpreparedinaccordancewithguidelines in force under section
705.(2)The registration must be subject to
the following conditionsimposed by the Regulator—(a)that the industry code of practice
must be reviewed aftera stated period;(b)that
a stated person, or a person of a stated class, mustbe
appointed to maintain the industry code of practiceandensureitisupdatedfollowingchangestobestpractice methods
for the industry to which it relates;(c)thattheindustrycodeofpracticemustbeupdatedfollowing
changes to the guidelines for the preparationPage 616Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Scheduleandcontentoftheindustrycodeofpracticeinforceunder section
705.(3)TheregistrationmaybesubjecttootherconditionstheRegulator considers appropriate.(4)Subsection (5) applies if—(a)aconditionapplyingtotheregistrationofanindustrycode of practice
is contravened; or(b)theguidelinesinforceundersection 705aboutthepreparation and content of an industry
code of practiceare changed and a registered industry code
of practicedoes not comply with the guidelines as
amended.(5)The Regulator may—(a)amendtheconditionsoftheregistration,includingbyadding new conditions; orExample of a condition for the purposes of
paragraph (a)—that the registered industry code of
practice be amended in astatedwaytoreflectachangetotheguidelinesforthepreparation and content of the code of
practice in force undersection 705(b)cancel the registration.(6)Conditionsmentionedinsubsection (2)canbeamendedundersubsection (5)solongastheamendedconditionsconformwithsubsection
(2),butcannototherwisebeamended.(7)The
Regulator incurs no liability for loss or damage sufferedby a
person because the person relied on a registered industrycode
of practice.Current as at [Not applicable]Page
617
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012SchedulePart 13.3Legal proceedingsDivision 1Proceedings707Proceeding for indictable offences(1)Theprosecutionmaybringaproceedingforanindictableoffence—(a)on indictment; or(b)in a
summary way.(2)However, a court of summary
jurisdiction must not hear anddecide an
indictable offence in a summary way if—(a)atthestartofthehearing,thedefendantasksforthecharge to be
prosecuted on indictment; or(b)the
court is satisfied—(i)afterhearingsubmissionsfromtheprosecutionanddefenceatanystageofthehearing,thatthedefendant,ifconvicted,maynotbeadequatelypunished for the
particular offence on a summaryconviction;
or(ii)onanapplicationmadebythedefence,thatthechargeshouldnotbeheardanddecidedinasummarywaybecauseofexceptionalcircumstances.(3)Ifthecourtdecidesthattheoffencebeprosecutedonindictment—(a)thecourtmustconducttheproceedingasacommittalproceeding;
and(b)any evidence given in the proceeding,
before the courtdecided that the offence be prosecuted on
indictment, istaken to be evidence in the committal
proceeding; and(c)thecourtmustdisregardanypleathatthedefendantmade at the
start of the proceeding.Page 618Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule707AProceeding for other offences(1)TheprosecutionmustbringaproceedingforanoffenceagainstthisLaw,otherthananindictableoffence,inasummary
way.(2)The proceeding must start—(a)within 2 years after the offence is
committed; or(b)within 1 year after the commission of
the offence comesto the complainant’s knowledge, but within 3
years afterthe offence is committed.(3)AstatementinacomplaintforanoffenceagainstthisLawthatthematterofthecomplaintcametothecomplainant’sknowledgeonastateddayisevidenceofwhenthemattercame to the
complainant’s knowledge.Division 2Evidence708Proof of appointments
unnecessaryFor the purposes of this Law, it is not
necessary to prove theappointment of the following
persons—(a)an official;(b)a
police commissioner.709Proof of signatures unnecessaryFor
the purposes of this Law, a signature purporting to be thesignatureof1ofthefollowingpersonsisevidenceofthesignature it purports to be—(a)an official;(b)a
police commissioner.Current as at [Not applicable]Page
619
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule710Averments(1)In a
proceeding for an offence against this Law, a statement inthe
complaint for the offence that, at a stated time or during astated period—(a)astatedvehicleorastatedcombinationwasaheavyvehicle;
or(b)a stated vehicle or a stated
combination was of a statedcategory of
heavy vehicle; or(c)a stated person was the registered
operator of a statedheavy vehicle; or(d)a
stated person held a permit for a mass or dimensionauthority,aheavyvehicleaccreditationoranotherauthority under
this Law; or(e)astatedlocationwas,orwasapartof,aroadorroad-related area; or(f)astatedlocationwas,underastatedprovisionofthisLaworanotherstatedlaw,subjecttoastatedprohibition,restrictionorotherrequirementabouttheuseofheavyvehiclesorstatedcategoriesofheavyvehicles;is
evidence of the matter.(2)In a proceeding
for an offence against this Law, a statement orallegationinthecomplaintfortheoffencethattheactoromission constituting the alleged offence
was done or made ina stated place, at a stated time, on a
stated date or during astated period, is evidence of the
matter.711Evidence by certificate by Regulator
generally(1)AcertificatepurportingtobeissuedbytheRegulatorandstating that, at a stated time or during a
stated period—(e)astatedpersonheldordidnotholdaheavyvehicleaccreditation granted under this Law;
orPage 620Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(f)astatedexemptionorauthorisationunderthisLawapplied or did not apply to a stated person
or a statedheavy vehicle; or(g)a
stated person is the holder of a stated permit or otherauthority under this Law; or(h)astatedheavyvehicleaccreditation,exemption,authorisation,
permit or other authority under this Lawwas or was not
amended, suspended or cancelled underthis Law;
or(i)a stated penalty, fee, charge or other
amount was or wasnot, or is or is not, payable under this Law
by a statedperson; or(j)a
stated fee, charge or other amount payable under thisLaw
was or was not paid to the Regulator; or(k)a
stated person has or has not notified the Regulator ofany,
or a stated, change of the person’s address; or(l)a
stated identification card (however called) was issuedby
the Regulator to a stated person and was or was notcurrent; or(m)astatedauthorisedofficer(otherthananauthorisedofficerwhoisapoliceofficer)wasauthorisedtoexercise a stated power under this Law
and—(i)was not restricted in the exercise of
the power bytheofficer’sconditionsofappointmentoradirection of the Regulator; or(ii)was not
restricted in a stated way in the exercise ofthepowerbytheofficer’sconditionsofappointment or a direction of the Regulator;
or(n)astatedindustrycodeofpracticewasorwasnotregistered under section 706; or(o)a stated road or road-related area, or
a stated part of aroad or road-related area, was in an area or
on a routedeclaredunderastatedprovisionofthisLaworthenational
regulations; orCurrent as at [Not applicable]Page
621
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(p)a
stated heavy vehicle, or a stated component of a statedheavy vehicle, was weighed by or in the
presence of astatedauthorisedofficeronastatedweighbridgeorweighingfacilityorbytheuseofastatedweighingdevice,andthatastatedmasswasthemassofthevehicle or
component; or(q)astatedmathematicalorstatisticalprocedurewascarried out in relation to stated
information generated,recorded,stored,displayed,analysed,transmittedorreported by an approved intelligent
transport system andthe results of the procedure being
carried out;is evidence of the matter.(2)A procedure specified in a certificate
under subsection (1)(q)is presumed, unless the contrary is
proved—(a)to be valid and reliable for the
purpose for which it wasused; and(b)to
have been carried out correctly.712Evidence by certificate by road
authorityA certificate purporting to be issued by a
road authority andstating that, at a stated time or during a
stated period—(a)astatedvehiclewasorwasnotregisteredorlicensedunder a law
administered by the authority; or(b)a
stated person was the person in whose name a statedvehiclewasregisteredorlicensedunderalawadministered by
the authority; or(c)a stated vehicle was not registered or
licensed under alawadministeredbytheauthorityinastatedperson’sname; or(d)a
stated location—(i)was, or was part of, a road or
road-related area; or(ii)was not a road
or road-related area or part of a roador road-related
area; orPage 622Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012Schedule(e)a stated location was or was not,
under a stated law of astatedparticipatingjurisdiction,subjecttoastatedprohibition,restrictionorotherrequirementabouttheuseofheavyvehiclesorstatedcategoriesofheavyvehicles;is
evidence of the matter.Notauthorised—indicativeonly713Evidence by certificate by Regulator
about matters statedin or worked out from records(1)AcertificatepurportingtobeissuedbytheRegulatorandstatinganyofthefollowingmattersisevidenceofthematter—(a)astatedmatterappearsinastatedrecordkeptbytheRegulator for the administration or
enforcement of thisLaw;(b)a
stated matter appears in a stated record accessed by theRegulator for the administration or
enforcement of thisLaw.(2)AcertificatepurportingtobeissuedbytheRegulatorandstating that a matter that has been worked
out from either ofthe following is evidence of the
matter—(a)astatedrecordkeptbytheRegulatorfortheadministration
or enforcement of this Law;(b)astatedrecordaccessedbytheRegulatorfortheadministration or enforcement of this
Law.(3)This section does not limit section
711.714Evidence by certificate by authorised
officer aboutinstruments(1)A
certificate purporting to be issued by an authorised officerand
stating that, on a stated day or at a stated time on a
statedday, a stated instrument—(a)was in a proper condition; or(b)had a stated level of accuracy;Current as at [Not applicable]Page
623
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Scheduleis evidence of
those matters on the stated day or at the statedtime.(2)Evidenceoftheconditionoftheinstrument,orthewayinwhich it was operated, is not required
unless evidence that theinstrument was not in proper condition
or was not properlyoperated has been given.(3)A
defendant in a proceeding for an offence against this Lawwho
intends to challenge the condition of an instrument, orthe
way in which it was operated, must give the complainantnotice of the intention to challenge.(4)The notice must be—(a)signed by the defendant; and(b)givenatleast14daysbeforethedayfixedforthehearing of the
charge.(5)In this section—instrumentmeans—(a)a weighing device; or(b)an intelligent transport
system.715Challenging evidence by
certificate(1)A defendant in a proceeding for an
offence against this Lawwhointendstochallengeamatterstatedinacertificatementioned in
section 711, 712, 713 or 714(1) must give thecomplainant
notice of the intention to challenge.(2)The
notice must be—(a)signed by the defendant; and(b)givenatleast14daysbeforethedayfixedforthehearing of the
charge.(3)If the matter intended to be
challenged is the accuracy of ameasurement,ananalysisorareadingfromadevice,thenotice must state—Page 624Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(a)thebasisonwhichthedefendantintendstochallengetheaccuracyofthemeasurement,analysisorreading;and(b)themeasurement,analysisorreadingthedefendantconsiderstobethecorrectmeasurement,analysisorreading.(4)A
defendant in a proceeding for an offence against this Lawcan
not challenge a matter stated in a certificate mentioned insection 711, 712, 713 or 714(1)
unless—(a)the defendant has complied with this
section; or(b)the court gives leave to the defendant
to challenge thematter, in the interests of justice.(5)This section applies only if the
defendant is given a copy ofthe certificate
at least 28 days before the appointed date forthe hearing of
the charge.716Evidence by record about massA
record of the mass of a heavy vehicle, or a component of aheavyvehicle,purportingtobemadebytheoperatorofaweighbridgeorweighingfacilityatwhichthevehicleorcomponent was weighed, or by the operator’s
employee—(a)is admissible in a proceeding under
this Law; and(b)is evidence of the mass of the vehicle
or component atthe time it was weighed.717Manufacturer’s statements(1)Awrittenstatementoftherecommendedmaximumloadedmass (mass
rating) for a heavy vehicle, or a component of
aheavy vehicle, purporting to be made by the
manufacturer ofthe vehicle or component is admissible in a
proceeding underthis Law and is evidence—(a)of the mass rating; and(b)of any conditions, stated in the
statement, to which themass rating is subject; andCurrent as at [Not applicable]Page
625
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(c)that
the statement was made by the manufacturer.(2)A
written statement of the strength or performance rating ofequipment used to restrain a load and
designed for use on aheavyvehicle,oronacomponentofaheavyvehicle,purporting to be made by the manufacturer of
the equipmentisadmissibleinaproceedingunderthisLawandisevidence—(a)that the equipment was designed for
the use; and(b)of the strength or performance rating
of the equipment;and(c)of any
conditions, stated in the statement, to which therating is subject; and(d)that
the statement was made by the manufacturer.Example of
equipment used to restrain a load—a chain or
strap718Measurement of weight on tyre(1)A mark or print on a tyre purporting
to be the maximum loadcapacity decided by the manufacturer
of the tyre is evidenceof the maximum load capacity for the
tyre at cold inflationpressure decided by the
manufacturer.(2)If it is impracticable to work out the
mass on each tyre in anaxle or axle group, the mass on the
axle or axle group dividedby the number of tyres in the axle or
axle group is taken to bethe mass on the tyre in the absence of
evidence to the contrary.719Transport and
journey documentation(1)Transportdocumentationandjourneydocumentationareadmissible in a proceeding under this Law
and are evidenceof—(a)the identity and
status of the parties to the transaction towhich the
documentation relates; and(b)thedestinationorintendeddestinationoftheloadtowhich the documentation relates; andPage
626Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(c)either or both the date on which and
the time at which—(i)anydocumentinthedocumentationwascreated;or(ii)anytransactionmentionedinthedocumentationwas effected or
carried out; or(iii)any journey
mentioned in the documentation wasstarted, carried
out or finished; or(iv)any other matter
mentioned in the documentationwas effected,
started, carried out or finished; and(d)the
location of any person, heavy vehicle, goods or othermatter or thing mentioned in the
documentation; and(e)the date and time at which any person,
heavy vehicle,goodsorothermatterorthingmentionedinthedocumentation
was present at a particular place.(2)In
this section—status,ofthepartiestoatransaction,includesthestatusofeachofthepartiesasaresponsiblepersonfortheheavyvehicle used or intended to be used for
transporting the goodsthe subject of the transaction.720Evidence not affected by nature of
vehicleEvidenceobtainedinrelationtoavehiclebecauseoftheexercise of a
power under this Law in the belief or suspicionthatthevehicleisaheavyvehicleisnotaffectedmerelybecause the
vehicle is not a heavy vehicle.721Certificates of TCA(1)A
certificate purporting to be signed by a person on behalf ofTCA
stating any of the following matters is evidence of thematter—(a)a
stated intelligent transport system was or was not anapproved intelligent transport system on a
stated date orduring a stated period;Current as at [Not
applicable]Page 627
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)astatedpersonwasorwasnotanintelligentaccessprogramserviceprovideronastateddateorduringastated period;(c)astatedpersonwasorwasnotanintelligentaccessprogramauditoronastateddateorduringastatedperiod.(2)Apersonwhopurportedlysignsacertificateofatypementioned in
subsection (1) on behalf of TCA is presumed,unless the
contrary is proved, to have been authorised by TCAto
sign the certificate on TCA’s behalf.722Approved intelligent transport system(1)Anapprovedintelligenttransportsystem,includingalltheequipmentandsoftwarethatmakesupthesystem,ispresumed,unlessthecontraryisproved,tohaveoperatedproperly on any particular occasion.(2)Withoutlimitingsubsection (1),informationgenerated,recorded,stored,displayed,analysed,transmittedandreportedbyanapprovedintelligenttransportsystemispresumed,unlessthecontraryisproved,tohavebeencorrectlygenerated,recorded,stored,displayed,analysed,transmitted and reported by the
system.(3)Without limiting subsection (1) or
(2), information generatedbyanapprovedintelligenttransportsystemispresumed,unlessthecontraryisproved,nottohavebeenchangedbybeingrecorded,stored,displayed,analysed,transmittedorreported by the system.(4)If
in a proceeding it is established by contrary evidence thatparticularinformationrecordedorstoredbyanapprovedintelligent
transport system is not a correct representation oftheinformationgeneratedbythesystem,thepresumptionmentionedinsubsection (3)continuestoapplytotheremaininginformationrecordedorstoredbythesystemdespite that
contrary evidence.(5)If a defendant in a proceeding for an
offence against this Lawintendstochallengeanyofthefollowingmatters,thePage
628Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Scheduledefendant must give the complainant notice
of the intention tochallenge—(a)thatanapprovedintelligenttransportsystemhasoperated properly;(b)that
information generated, recorded, stored, displayed,analysed,transmittedorreportedbyanapprovedintelligenttransportsystemhasbeencorrectlygenerated,recorded,stored,displayed,analysed,transmitted or reported by the
system;(c)thatinformationgeneratedbyanapprovedintelligenttransportsystemhasnotbeenchangedbybeingrecorded,stored,displayed,analysed,transmittedorreported by the system.(6)The
notice must—(a)be signed by the defendant; and(b)state the grounds on which the
defendant intends to relyto challenge a matter mentioned in
subsection (5)(a), (b)or (c); and(c)begivenatleast14daysbeforethedayfixedforthehearing of the
charge.(7)This section does not limit section
714.723Evidence as to intelligent access
map(1)A certificate purporting to be signed
by a person on behalf ofTCAstatingthataparticularmapwasorwasnottheintelligent
access map as issued by TCA on a stated date orduringastatedperiodisconclusiveevidenceofthematterstated in the certificate.(2)The intelligent access map, as issued
by TCA at a particulartime,ispresumed,unlessevidencesufficienttoraisedoubtaboutthepresumptionisadduced,tobeacorrectrepresentation of the national road network
at the time of itsissue.(3)Apersonwhopurportedlysignsacertificateofthekindreferred to in
subsection (1) on behalf of TCA is presumed,Current as at [Not
applicable]Page 629
Heavy
Vehicle National Law Act 2012Scheduleunlessevidencesufficienttoraisedoubtaboutthepresumption is adduced, to have been
authorised by TCA tosign the certificate on TCA’s
behalf.Notauthorised—indicativeonly724Reports and
statements made by approved intelligenttransport
system(1)Areportpurportingtobemadebyanapprovedintelligenttransport
system—(a)is presumed, unless the contrary is
proved—(i)to have been properly made by the
system; and(ii)tobeacorrectrepresentationoftheinformationgenerated,recorded,stored,displayed,analysed,transmitted and reported by the system;
and(b)is admissible in a proceeding under
this Law; and(c)is evidence of the matters stated in
it.(2)However,subsection
(1)(c)doesnotapplytoinformationstated in a
report made by an approved intelligent transportsystem that has been manually entered into
the system by anoperator or driver of a heavy
vehicle.Example—If the driver of
a heavy vehicle enters the mass of the vehicle into theintelligenttransportsystem,theinformationaboutthemassofthevehicle stated in a report made by the
system is not evidence of themass of the
vehicle.(3)Also, if in a proceeding it is
established by contrary evidencethat part of a
report made by an approved intelligent transportsystem is not a correct representation of
particular informationgenerated, recorded, stored,
displayed, analysed, transmittedorreportedbythesystem,thepresumptionmentionedinsubsection (1)(a) continues to apply
to the remaining parts ofthe report despite that contrary
evidence.(4)If a defendant in a proceeding for an
offence against this Lawintendstochallengeanyofthefollowingmatters,thedefendant must give the complainant notice
of the intention tochallenge—Page 630Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(a)that a report made by an approved
intelligent transportsystem has been properly made;(b)that a report made by an approved
intelligent transportsystemisacorrectrepresentationoftheinformationgenerated,recorded,stored,displayed,analysed,transmitted and reported by the
system;(c)the correctness of a statement of a
vehicle’s position onthe surface of the earth at a
particular time that is madeby an approved
intelligent transport system.(5)The
notice must—(a)be signed by the defendant; and(b)state the grounds on which the
defendant intends to relyto challenge the matter mentioned in
subsection (4)(a),(b) or (c); and(c)begivenatleast14daysbeforethedayfixedforthehearing of the
charge.(6)This section does not limit section
714.725Documents produced by an approved
electronicrecording system(1)Thissectionappliestoanapprovedelectronicrecordingsystem constituting an electronic work diary
or of which anelectronic work diary is a part.(2)A document purporting to be made by
the approved electronicrecording system—(a)is
presumed, unless the contrary is proved—(i)to
have been properly made by the system; and(ii)tobeacorrectrepresentationoftheinformationgenerated,recorded,stored,displayed,analysed,transmitted and reported by the system;
and(b)is admissible in a proceeding under
this Law relating toa fatigue-regulated heavy vehicle;
and(c)is evidence of the matters stated in
it.Current as at [Not applicable]Page
631
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule726Statement by person involved with use or
maintenance ofapproved electronic recording system(1)Thissectionappliestoanapprovedelectronicrecordingsystem constituting an electronic work diary
or of which anelectronic work diary is a part.(2)Awrittenstatementabouthowtheapprovedelectronicrecording system
has been used or maintained, and purportingto be made by
the person purporting to be involved in the useor
maintenance—(a)is admissible in a proceeding under
this Law relating toa fatigue-regulated heavy vehicle;
and(b)is evidence of the matters included in
the statement.Examples of statements—•a
statement made by the driver of a fatigue-regulated heavy
vehiclewho uses an electronic work diary about how
the driver operatedthe work diary•a
statement made by an owner of an approved electronic
recordingsystem about how the owner has maintained
the system•a statement made by the record keeper
(within the meaning givenby section 317) of the driver of a
fatigue-regulated heavy vehiclewho uses an
electronic work diary about how information wastransmitted from
the electronic work diary to the record keeper726AEvidence of offence(1)In a
proceeding for an offence against this Law—(a)evidenceofacourtconvictingapersonofaheavyvehicle offence
is evidence that the heavy vehicle offencehappenedatthetimeandplace,andinthecircumstances,statedinthecomplaintfortheheavyvehicle offence; and(b)evidenceofdetailsstatedinaninfringementnoticeissuedforaheavyvehicleoffenceisevidencethattheheavyvehicleoffencehappenedatthetimeandplace,andinthecircumstances,statedintheinfringementnotice.(2)In this section—Page 632Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012Scheduleheavy vehicle offencemeans—(a)an offence against this Law; or(b)an offence by the driver of a heavy
vehicle of exceedinga speed limit applying to the
driver.Notauthorised—indicativeonly726BEvidence obtained by police using
other powersToremoveanydoubt,itisdeclaredthatevidencelawfullyobtainedbyapoliceofficerusingpowersotherthanthepowers under this Law is not
inadmissible in proceedings foracontraventionofthisLawonlybecausetheevidencewasobtained using the other powers.726CEvidence obtained in another
jurisdictionToremoveanydoubt,itisdeclaredthatevidencelawfullyobtainedinajurisdiction(thefirstjurisdiction)isnotinadmissible in
proceedings for a contravention of this Law inanother
jurisdiction only because the evidence was obtainedin
the first jurisdiction.Division 3Publication of
court outcomes726DRegulator may publish convictions,
penalties, orders, etc.(1)This section
applies if a court convicts a person of an offenceagainst this Law.Note—Under section 9, a court convicts a person
of an offence if the courtfinds the person guilty, or accepts
the person’s plea of guilty, for theoffence whether
or not a conviction is recorded.(2)TheRegulatormaypublishthefollowinginformationaboutthe
conviction on the Regulator’s website—(a)the
offence for which the person was convicted;(b)ifthecourtimposedapenaltyfortheconviction—thepenalty
imposed;Current as at [Not applicable]Page
633
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(c)if
the court made an order against the person in relationtotheconviction—informationabouttheordermade,other than information that could identify
or lead to theidentification of the person.Note—Orders the court
may make include commercial benefits penaltyorders (see
section 597), supervisory intervention orders (seesection600),prohibitionorders(seesection607)andcompensation orders (see section
611).Part 13.4Protected
information727Definitions for Pt 13.4(1)In this Part—authorised
use, for protected information, means—(a)use by a person—(i)in
the exercise of a function under this Law; or(ii)whereuseoftheinformationisrequiredorauthorised under this Law (whether
explicitly or byimplication); or(b)use
by a public authority or law enforcement agency—(i)for the administration or enforcement
of a law orthe exercise of another function of the
authority oragency,including,forexample,investigatingacontravention or suspected contravention of
a law;or(ii)ifalawauthorises,requiresorpermitsthedisclosure of the information to, and the
use of theinformation by, the authority or agency;
or(c)usebyacourtortribunalinaproceedingunderanAustralian road law; or(d)usebyacourtortribunalifanorderofthecourtortribunal requires the disclosure of the
information to thecourt or tribunal; orPage 634Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(e)an activity associated with preventing
or minimising—(i)a risk of danger to the life of a
person; or(ii)a risk of
serious harm to the health of a person; or(iii)a
risk to public safety; or(f)a use authorised
by the person to whom the informationrelates;
or(g)researchpurposesiftheinformationcontainsnopersonal information; or(h)usebyanentity(whetherpublicorprivate)inconnection with road tolls; or(i)usebyanentity(whetherpublicorprivate)inconnectionwiththeadministrationofthirdpartyinsurance legislation; or(j)usebyanentity(whetherpublicorprivate)forthepurpose of determining the
registration status of a heavyvehicle;
or(k)a use required or authorised under a
relevant law of aparticipating jurisdiction; or(l)a use prescribed by the national
regulations; or(m)a use referred to in subsection
(2).driverfatiguecompliancefunctionmeansafunctionexercised for
the purpose of—(a)theadministrationorenforcementofadriverfatigueprovision; or(b)education,evaluationandsimilaractivitiessupportingadministrationorenforcementofadriverfatigueprovision.driver fatigue
provisionmeans any of the following—(aa)Chapter1AtotheextenttheChapterrelatestodriverfatigue;(a)Chapter 6;Current as at [Not
applicable]Page 635
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyPage 636(b)Chapter8totheextenttheChapterrelatestoBFMaccreditation or
AFM accreditation;(c)Division 8 of Part 9.3;(d)Chapter9,otherthanDivision8ofPart9.3,totheextenttheChapterappliestotheenforcementofprovisions mentioned in paragraphs (aa), (a)
and (b).electronicworkdiaryauthoriseduse,forelectronicworkdiary protected information, means—(a)use by a person—(i)intheexerciseofadriverfatiguecompliancefunction;
or(ii)not in the
exercise of a driver fatigue compliancefunction but
authorised under a warrant mentionedin section 729B;
or(b)usebyapersonintheexerciseofafunctionunderanother law if a warrant issued by a judge
or magistrateundertheotherlaworadifferentlawauthorisesorpermits the use of the information by the
person; or(c)usebyacourtortribunalinaproceedingunderanAustralian road law; or(d)usebyacourtortribunalifanorderofthecourtortribunal requires the disclosure of the
information to thecourt or tribunal; or(e)researchpurposesiftheinformationcontainsnopersonal information; or(f)use prescribed by the national
regulations; or(g)use referred to in subsection
(3).electronicworkdiaryinformationmeansinformationgenerated,
recorded, stored, displayed, analysed, transmittedor
reported by an approved electronic recording system thatconstitutes an electronic work diary, or of
which an electronicwork diary is a part.electronic work
diary protected information—(a)means electronic work diary
information; butCurrent as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(b)does not include the following—(i)information obtained, collected or
recorded otherthan for the purposes of Chapter 1A to the
extentthe Chapter relates to driver fatigue or
Chapter 6(thedriverfatiguepurposes),eveniftheinformation is—(A)coincidentallyrelevantforadriverfatiguepurpose;
and(B)recorded in an electronic work diary;
or(ii)informationrelatingtoproceedingsbeforearelevant tribunal or court that are or
were open tothe public.police
agencymeans a police force or police service
(howevercalled) of a participating jurisdiction, and
includes an entityprescribedbytheApplicationActofthisjurisdictionasanentity included in this
definition.protected information—(a)meansinformationobtainedinthecourseofadministeringthisLaworbecauseofanopportunityprovided by
involvement in administering this Law; but(b)does
not include—(i)intelligent access program
information; orNote—See Chapter 7
for the restrictions on the use and disclosureof intelligent
access program information.(ii)information mentioned in paragraph (a) in a
formthat does not identify a person; or(iii)informationrelatingtoproceedingsbeforearelevant tribunal or court that are or
were open tothe public; or(iv)electronic work diary protected
information.relevantlaw,ofaparticipatingjurisdiction,meansalawspecified for
this definition in a law of the jurisdiction.Current as at [Not
applicable]Page 637
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(2)Itisalsoanauthoriseduse,forprotectedinformationdisclosedtoorotherwiseheldbyapoliceagencyforanypurposeorforaparticularpurpose,todisclosetheinformationtoanotherpoliceagencyauthorisedtoholdprotected
information (whether or not for the same purpose).(3)It is also an authorised use, for
electronic work diary protectedinformation
disclosed to or otherwise held by a police agencyfor
the purpose of the exercise of a driver fatigue compliancefunction, to disclose the information to
another police agencyauthorised to hold electronic work
diary protected informationfor the purpose
of the exercise of a driver fatigue compliancefunction.(4)To remove any doubt, it is declared
that a reference in this Partto the
disclosure of protected information or electronic workdiary protected information to an entity
includes a reference tothedisclosureoftheinformationtoadulyauthorisedemployee or
agent of the entity.728Duty of confidentiality for protected
information(1)A person who is, or has been, a person
exercising functionsunderthisLawmustnotdiscloseprotectedinformationtoanother person.Maximum
penalty—$20000.(2)However, subsection (1) does not apply
to the Regulator—(a)disclosingprotectedinformationintheformofaconfirmationthatastatedpersonistheregisteredoperator of a
stated heavy vehicle; or(b)disclosingdetailsofheavyvehiclesregisteredinaperson’snametoanexecutororadministratorofthatperson’s
deceased estate.(3)Also, subsection (1) does not apply
if—(a)the disclosure is to an entity for an
authorised use; or(b)the disclosure is to, or made with the
agreement of, theperson to whom the information
relates.Page 638Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule728ADuty of confidentiality for electronic
work diary protectedinformation(1)A
person who is, or has been, a person exercising functionsunderthisLawmustnotdiscloseelectronicworkdiaryprotected
information to another person.Maximum
penalty—$20000.(2)Subsection (1) does not apply
if—(a)the disclosure is to an entity for an
electronic work diaryauthorised use; or(b)the
disclosure is to, or made with the agreement of, theperson to whom the information
relates.729Protected information only to be used
for authorised use(1)A person who is, or has been, a person
exercising functionsunder this Law must not use protected
information other thanfor an authorised use.Maximum penalty—$20000.(2)However, subsection (1) does not apply to
the Regulator usingprotected information for making a
disclosure mentioned insection 728(2).(3)A
person to whom protected information is disclosed undersection 728(3)(a) must not use the protected
information otherthan for the authorised use for which it was
disclosed to theperson.Maximum
penalty—$20000.729AElectronic work diary protected
information only to beused for electronic work diary
authorised use(1)A person who is, or has been, a person
exercising functionsunder this Law must not use electronic
work diary protectedinformation other than for an
electronic work diary authoriseduse.Maximum penalty—$20000.Current as at [Not
applicable]Page 639
Heavy
Vehicle National Law Act 2012Schedule(2)Apersontowhomelectronicworkdiaryprotectedinformationisdisclosedundersection728A(2)(a)mustnotuse the information other than for the
electronic work diaryauthorised use for which it was
disclosed to the person.Maximum penalty—$20000.Notauthorised—indicativeonly729BWarrant
authorising use of electronic work diaryprotected
information(1)A warrant issued under section 507 by
an authorised warrantofficial who is a judge or magistrate
may authorise electronicworkdiaryprotectedinformationtobeseizedunderthewarrant.(2)The
warrant must state the purpose for which the informationmay
be used.(3)Anauthorisedofficermayapplyfor,andtheauthorisedwarrant official
who is a judge or magistrate may issue, thewarrant for
entry of a vehicle at a place stated in the warrantor,
despite sections 506(1) and 507(2)(a), wherever the vehicleis
located.(4)Chapter 9 does not authorise an
authorised officer to obtainelectronicworkdiaryprotectedinformationforapurposeother than the
enforcement of a driver fatigue provision unlesstheinformationisauthorisedtobeseizedunderawarrantmentioned in
subsection (1).Part 13.5National
regulations730National regulations(1)For the purposes of this section, the
designated authority is theQueensland
Governor acting with the advice of the ExecutiveCouncilofQueenslandandontheunanimousrecommendation of the responsible
Ministers.(2)Thedesignatedauthoritymaymakeregulationsforthepurposes of this Law.Page
640Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(3)The regulations may provide
for—(a)anymatteraprovisionofthisLawstatesmaybeprovided for in the regulations;
and(b)the imposition of a maximum fine for a
contravention ofa provision of the regulations of not more
than—(i)for a contravention by an
individual—$4000; or(ii)in any other
case—$20000; andNote—However, a
maximum fine imposed by the regulations may be increasedunder section 737 to a higher amount.(c)any other matter that is necessary or
convenient to beprescribed for carrying out or giving effect
to this Law.(4)Subsection (3)(b)doesnotrequireaprovisionoftheregulationsprescribingamaximumfineforanoffencetoexpresslyprescribeamaximumfineforabodycorporatedifferent to the
maximum fine for an individual.Note—See
section 596 in relation to a provision of the regulations
prescribinga maximum fine that does not expressly
prescribe a maximum fine for abody corporate
different to the maximum fine for an individual.(5)In this section—QueenslandGovernormeanstheGovernoroftheStateofQueensland and includes—(a)a
person acting under a delegation under section 40 oftheConstitution of Queensland 2001;
and(b)apersonforthetimebeingadministeringtheGovernmentofQueenslandundersection 41oftheConstitution of Queensland 2001.731National
regulations for approved vehicle examiners(1)Without limiting any other provision of this
Law, the nationalregulations may provide for—(a)the approval of classes of vehicle
examiners to inspectvehicles for the purposes of this Law;
andCurrent as at [Not applicable]Page
641
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonlyPage 642(b)the
role of the Regulator in approving classes of vehicleexaminers and persons as vehicle examiners;
and(c)probity requirements for becoming and
being approvedvehicle examiners; and(d)the
functions of approved vehicle examiners or classesofapprovedvehicleexaminers,including,forexample—(i)the
examination and testing of heavy vehicles andequipment;
and(ii)the oversight of
entities involved in the inspectionor repair of
heavy vehicles; and(iii)the clearance of
vehicle defect notices; and(e)thepremisesorlocationwherefunctionsofapprovedvehicleexaminersarepermittedtobeconductedandany
matters relating to the premises or location wherethose functions are conducted; and(f)thefacilitiesandequipmentthatapprovedvehicleexaminers are required to have in connection
with theexercise of their functions; and(g)thetermsandconditionsofapprovalofpersonsasvehicleexaminers(including,forexample,fees,qualifications and responsibilities);
and(h)proceduresformonitoringandauditingcompliancewith—(i)the terms and conditions of approval
of a person asa vehicle examiner; and(ii)therelevantprovisionsofthisLawandanyapplicablecodeofpracticeprescribedbythenational regulations; and(iii)any other
relevant requirements; and(i)the discipline
of, and disciplinary procedures applyingto,approvedvehicleexaminersandentitieshavingresponsibilityfortheirfunctions(includingdirectors,managers and
employees), whether—Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(i)bywayofmonetarypenalties,restrictiononfunctions,impositionofconditions,variationofterms of appointment, suspension of
appointment,cancellation of appointment; or(ii)in some other
way.(2)The national regulations may make
provision with respect tovehicleexaminers(howeverdescribed)appointedorauthorisedunderalawofanyparticipatingjurisdictionandentitieshavingresponsibilityfortheirfunctions(includingdirectors,managersandemployees),includingprocessesrelating to
discipline and disciplinary procedures applying tothem.732National regulations for publication of
agreements forservices to States or TerritoriesWithout limiting any other provision of this
Law, the nationalregulations may provide that particular
matters contained in orrelatingtoagreementsreferredtosection 658(2)aretobepublished on the
Regulator’s website.733Publication of national
regulations(1)ThenationalregulationsaretobepublishedontheNSWlegislationwebsiteinaccordancewithPart
6AoftheInterpretation
Act 1987of New South Wales.(2)A
regulation commences on the day or days specified in theregulation for its commencement (being not
earlier than thedate it is published).734Scrutiny of national regulations(1)The responsible Minister for a
participating jurisdiction is toreferanyadversereportaboutanationalregulationfromalegislationscrutinybodyforthatjurisdictiontotheresponsible Ministers for
consideration and advice.Current as at [Not applicable]Page
643
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(2)The
responsible Ministers are to prepare advice on the adversereportandprovideareporttotherelevantresponsibleMinister about
the issues raised.(3)The report by the responsible
Ministers is to be provided totheresponsibleMinisterinsufficienttimetoensuretheresponsible Minister can provide the
response to the relevantscrutinybodywithinaperiodthatisappropriateinthecircumstances.(4)Subsections (1)to(3)donotaffectanylegislativeorotherarrangementsregardingscrutinyanddisallowanceinjurisdictions and do not limit a responsible
Minister’s abilityto respond independently to any issues
raised by a legislationscrutiny body.(5)In
this section—legislationscrutinybodymeansaparliamentarycommittee(orotherparliamentarybody)whosefunctionsincludethescrutiny of regulations and other
subordinate legislation.Part 13.6Other735Approved forms(1)The
Regulator may approve forms for use under this Law.(2)The approval of a form must be
notified on the Regulator’swebsite.(3)Failure to comply with subsection (2)
does not affect a form’svalidity.(4)Thefunctionofapprovingformsincludesthefunctionofapproving the format of forms.735ALegal professional privilegeNothing in this Law compels a person to give
information thatis the subject of legal professional
privilege to another person.Page 644Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule736Penalty at end of provisionIn
this Law, a penalty stated at the end of a provision
indicatesthat an offence mentioned in the provision
is punishable onconviction or, if no offence is mentioned, a
contravention ofthe provision constitutes an offence against
the provision thatis punishable on conviction, by a penalty
not more than thestated penalty.Note—See
also section 596 in relation to maximum fines for bodies
corporate.737Increase of penalty amounts(1)Thissectionappliestothepenaltystatedattheendofaprovision for an
offence (including a penalty whose amounthasalreadybeenincreasedbyapreviousapplicationorapplications of this section).(2)At the start of 1 July of each year,
beginning with 1 July 2014,the amount of
each penalty is increased, from the amount thatapplied
immediately before that 1 July, in accordance with themethod prescribed by the national
regulations for the purposesof this
section.Note—In some
circumstances, the operation of the method can result in noincreases occurring on a particular 1
July.(2A)To remove any
doubt, the maximum fine limits mentioned insection730(3)(b)donotlimittheapplicationofsubsection(2).(3)A recommendation of the responsible
Ministers for nationalregulations prescribing a method for
the increase of penaltiescan not be made unless the responsible
Ministers are satisfiedthat the method generally accords with
increases in relevantinflation indexes or similar
indexes.(4)Assoonaspracticablebutbefore1Julyofeachyear,theRegulatormustpublishontheRegulator’swebsitetheamounts of each penalty applying as
from that date.Current as at [Not applicable]Page
645
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule737AApplication of s 737 to new penalties(1)The enactment of a new penalty
includes the enactment of anincrease in the
amount of penalty applying under section 737,to take effect
when the new penalty commences.(2)Forapplyingsection737undersubsection(1)toanewpenalty, the amount of penalty applying
under section 737 isto be calculated as if—(a)the new penalty had commenced before 1
July 2014; and(b)theamountofpenaltyapplyinghadbeenincreasedunder section 737(2) on 1 July 2014 and any
later 1 Julyhappening before the new penalty actually
commences.(3)In this section—new
penaltymeansapenaltyamountstatedattheendofaprovisionforanoffenceinsertedintothisLawbyanamending Act.738Service of documents(1)If
this Law requires or permits a document to be served on aperson, the document may be served—(a)on an individual—(i)by
delivering it to the individual personally; or(ii)byleavingitat,orbysendingitbypostto,theaddress of the place of residence or
business of theindividuallastknowntothepersonservingthedocument; or(iii)by
sending it by fax to a fax number notified to thesenderbytheindividualasanaddressatwhichserviceofdocumentsunderthisLawwillbeaccepted; or(iv)bysendingitbyemailtoaninternetaddressnotifiedtothesenderbytheindividualasanaddress at which service of documents
under thisLaw will be accepted; or(b)on
another person—Page 646Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(i)byleavingitat,orbysendingitbypostto,thehead office, a registered office or a
principal officeof the person; or(ii)by
sending it by fax to a fax number notified to thesender by the person as an address at which
serviceof documents under this Law will be
accepted; or(iii)bysendingitbyemailtoaninternetaddressnotified to the sender by the person as an
address atwhich service of documents under this Law
will beaccepted.(2)Subsection (1)applieswhethertheexpression‘deliver’,‘give’,‘notify’,‘send’or‘serve’oranotherexpressionisused.(3)Subsection (1) does not affect—(a)the operation of another law that
authorises the serviceofadocumentotherwisethanasprovidedinthesubsection; or(b)the
power of a court or tribunal to authorise service of adocument otherwise than as provided in the
subsection.739Service by post(1)If a
document authorised or required to be served on a personunder this Law is served by post, service of
the document—(a)may be effected by properly
addressing, prepaying andposting the document as a letter;
and(b)is taken to have been effected at the
time at which theletter would be delivered in the ordinary
course of post,unless the contrary is proved.(2)Subsection (1)applieswhethertheexpression‘deliver’,‘give’,‘notify’,‘send’or‘serve’oranotherexpressionisused.Current as at [Not
applicable]Page 647
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule740Fees(1)The
national regulations may prescribe the fees payable forthe
following—(a)an application under this Law (whether
or not anotherprovisionofthisLawreferstopaymentoftheprescribed fee for the
application);(b)theissueofaworkdiaryforthedriverofafatigue-regulated heavy
vehicle.(2)TheRegulatormaysetfeespayablefortheprovisionofaserviceinconnectionwiththeadministrationofthisLaw(other than fees mentioned in subsection
(1)).(3)The national regulations may provide
that stated kinds of feesmay be set by the Regulator for
inspection services, except sofar as those
fees are provided for under another law of thisjurisdiction.(4)A
fee set by the Regulator under subsection (2) or (3) must bean
amount—(a)the Regulator considers reasonable;
and(b)that is no more than the reasonable
cost of providing theservice.(5)The
Regulator must publish a fee set by the Regulator undersubsection (2) or (3)—(a)in
the Commonwealth Gazette; and(b)on
the Regulator’s website.(6)The Regulator
may waive payment of the whole or part of afee in
circumstances, or in circumstances of a kind, prescribedby
the national regulations.(7)If a fee is
prescribed for an application or any other matterunder this Law, the decision-maker may
decline to deal withthe application or proceed with the
other matter until the fee ispaid.Page
648Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule740AIncrease of fee amounts(1)Thissectionappliestoafeepayableundersection740,including a fee
whose amount has already been increased by aprevious
application or applications of this section.(2)At
the start of 1 July of each year, starting with 1 July 2016,theamountofthefeeisincreasedfromtheamountthatapplied immediately before that 1 July, in
accordance with themethod prescribed by the national
regulations for the purposesof this
section.Note—In some
circumstances, the operation of the method can result in noincreases occurring on a particular 1
July.(3)A recommendation of the responsible
Ministers for nationalregulations prescribing a method for
the increase of fees maynot be made unless the responsible
Ministers are satisfied themethod generally
accords with increases in relevant inflationindexes or
similar indexes.(4)Assoonaspracticable,butbefore1Julyofeachyear,theRegulator must, by public notice,
publish the amounts of eachfee applying as
from that date.741Recovery of amounts payable under
Law(1)Afee,chargeorotheramountpayableunderthisLawisadebt due to the
Regulator and may be recovered by action fora debt in a
court of competent jurisdiction.(2)A
fee, charge or other amount payable under this Law mayalso
be recovered in a proceeding for an offence against thisLaw.(3)An
order made under subsection (2)—(a)cannotbeforanamountexceedingthemonetaryjurisdictional
limit of the court in civil proceedings; and(b)is
taken to be, and is enforceable as, a judgment of thecourt sitting in civil proceedings.Current as at [Not applicable]Page
649
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule742Contracting out prohibited(1)A contract is void to the extent to
which it—(a)is contrary to this Law; or(b)purports to annul, exclude, restrict
or otherwise changethe effect of a provision of this Law;
or(c)purports to require the payment or
reimbursement by aperson of all or part of a penalty that
another person hasbeen ordered to pay under this Law.(2)This section does not prevent the
parties to a contract fromincluding provisions in the contract
imposing greater or moreonerousobligationsonanentitythanareimposedbytherequirements of this Law.(3)This section applies to contracts
entered into before or afterthe commencement
of this section.743Other powers not affected(1)Unless otherwise provided in this Law,
nothing in this Lawaffects any power a court, tribunal or
official has apart fromthis Law.(2)Without limiting subsection (1), nothing in
this Law affects apowerorobligationunderanotherlawtoamend,suspend,cancelorotherwisedealwiththeregistrationofaheavyvehicle.Page
650Current as at [Not applicable]
Chapter 14Heavy Vehicle
National Law Act 2012ScheduleSavings and
transitionalprovisionsNotauthorised—indicativeonlyPart
14.1Interim provisions relating toMinisters and Board744Responsible Ministers(1)This
section applies if a jurisdiction—(a)is
not a participating jurisdiction; but(b)has
signed the Inter-governmental Agreement on HeavyVehicleRegulatoryReform,asinforcefromtimetotime, between the Commonwealth of
Australia and theStates and Territories of Australia.(2)ThejurisdictionmaynominateaMinistertobetheresponsibleMinisterforthejurisdictionforthepurposesofthis
Law until the prescribed day for the jurisdiction.(3)Untiltheprescribeddayforthejurisdiction,therelevantprovisions of
this Law apply as if—(a)the jurisdiction
were a participating jurisdiction; and(b)theMinisternominatedundersubsection
(2)weretheresponsible Minister for the jurisdiction
for the purposesof this Law.(4)To
remove any doubt, it is declared that this section does notpreventtheMinisternominatedundersubsection
(2)beingnominated as the
responsible Minister for the jurisdiction afterthe
participation day for the jurisdiction.(5)In
this section—participation day, for a
participating jurisdiction, means theday the
jurisdiction became a participating jurisdiction.prescribedday,forajurisdiction,meanstheearlierofthefollowing—(a)the
participation day for the jurisdiction;Current as at [Not
applicable]Page 651
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(b)30
June 2014.relevant provisionsmeans the
provisions of this Law relatingto the functions
of responsible Ministers under this Law otherthan section
652.745Exercise of powers by Board between
enactment andcommencement(1)This
section applies if—(a)undersection
30ofSchedule 1,theQueenslandMinister,ontheunanimousrecommendationoftheresponsibleMinisters,appointsthemembersoftheBoard before section 663 commences;
and(b)aprovisionofthisLawconferringafunctionontheBoard (arelevant
provision) has not commenced.(2)The
members—(a)may meet and exercise the function
under the relevantprovisioninthesamewayandsubjecttothesameconditions that
would apply if the relevant provision hadcommenced;
and(b)in doing so, are entitled to be paid
the remuneration andallowancestowhichthemembersareentitledundersection 666 whether or not that section has
commenced.(3)For the purposes of deciding the
duration of the term of officeofamemberoftheBoard,thetermdoesnotstartuntilsection 663 commences despite the exercise
of any functionby the member under subsection (2).(4)The exercise of a function under a
relevant provision does notconfer a right,
or impose a liability, on a personbeforetherelevant provision commences.(5)This section does not limit section 30
of Schedule 1.Page 652Current as at
[Not applicable]
Notauthorised—indicativeonlyPart
14.2Heavy Vehicle National Law Act 2012ScheduleGeneral
provisions746Application of Part 14.2(1)This Part has effect in relation to
this jurisdiction except to theextentanylawofthisjurisdictionexpresslyorimpliedlyoverrides a
provision of this Part.(2)Nothing in this
Part limits section 34 of Schedule 1, except totheextentthatthecontextorsubjectmatterotherwiseindicates or
requires.747Definitions for Part 14.2In
this Part—commencement day, for this
jurisdiction, means, with respectto a provision
of this Law, the day this jurisdiction became aparticipating
jurisdiction in relation to that provision.currentPBSschememeanstheschemeinoperationimmediatelybeforethecommencementdayrelatingtocompliance with legislative requirements for
heavy vehiclesby reference to performance based standards,
and comprisessuch of the following instruments as are in
force immediatelybefore the commencement day—(a)theStandardsandVehicleAssessmentRulesasat10November 2008;(b)the
Assessor Accreditation Rules (July 2007);(c)the
Vehicle Certification Rules (July 2007);(d)the
Network Classification Guidelines (July 2007);(e)theGuidelinesforDeterminingNationalOperatingConditions (July
2007).formerlegislation,ofthisjurisdiction,meanslegislationofthis
jurisdiction that is repealed on the participation day forthis
jurisdiction or is superseded by provisions of this Law onthat
day.Current as at [Not applicable]Page
653
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Scheduleparticipationday,forthisjurisdiction,meansthedaythisjurisdiction became a participating
jurisdiction.relevant instrument—(a)meansanapplication,permit,notice,authorityoranyother document;
and(b)without limiting paragraph (a),
includes any documentprescribed by a law of this
jurisdiction as being withinthis definition;
but(c)does not include any document
prescribed by a law ofthis jurisdiction as not being within
this definition.748General savings and transitional
provision(1)This section applies if a provision of
this Law corresponds toa provision of the former
legislation.(2)Anything done under the provision of
the former legislationbefore the commencement day has effect
as if—(a)this Law had been in force when the
thing was done; and(b)the thing had been done under this
Law; and(c)anyreferencetoapersonin,orinrelationto,theprovisionwereareferencetothenearestequivalentperson under
this Law; and(d)anyreferencein,orinrelationto,theprovisiontoanotherprovisionoftheformerlegislationwereareferencetothecorrespondingprovisionofthisLaw;and(e)any other
adaptations necessary to enable the thing to beeffective under
this Law have been made;and accordingly the thing is taken to
have been done underthis Law.(3)Subsection (2) does not apply to the
following—(a)any appointment of a person as an
authorised officer;Page 654Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(b)any appointment of any other person
who was employedbythedepartmentorbodyadministeringtheformerlegislation;(c)anyprosecutionofanoffencethathadnotbeencompleted immediately before the
commencement day;(d)any review or appeal, or anything
related to a review orappeal,thatwasunresolvedimmediatelybeforethecommencement day;(e)anything excluded from the operation of this
section bythe national regulations.(4)Anyprosecution,revieworappealreferredtoinsubsection
(3)(c)or(d)istoproceedasiftheformerlegislationwerestillinforceintheformitwasinattherelevant time before the commencement
day.(5)On the final completion of any
prosecution, review or appealreferred to in
subsection (3)(c) or (d), it is to be treated as if ithad
occurred under this Law.(6)The Regulator is
not liable for anything the Regulator is takentohavedoneunderthissectionthatwasdonebeforethecommencement day.(7)Proceedings are not to be commenced by the
Regulator for anoffence arising from any action or inaction
that was completedbeforethecommencementday,butnothinginthissectionaffects the commencement of proceedings by
another person.(8)Thenationalregulationsmayprovidefor,andfromcommencement day
could always provide for—(a)theissueofmassordimensionauthoritiesorHMLdeclarationsinreplacementofinstrumentsorauthorisationspreservedundersubsection(2),withoutfurther
procedural requirements under the Law; and(b)the
further preservation of anything not covered by thereplacement.(9)In
this section—HML declarationsmeans HML
declarations under theHeavyVehicle (Mass,
Dimension and Loading) National Regulation.Current as at [Not applicable]Page
655
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule749Expiry of certain permits, exemptions,
notices andauthorities(1)Thissectionappliesifapermit,exemption,noticeorauthority—(a)istakentohavebeenmadeunderthisLawundersection 748;
and(b)is not subject to an expiry date, or
is subject to an expirydate—(i)that, in the case of a permit, exceeds 3
years afterthe commencement day; or(ii)thatinanyothercaseexceeds5yearsafterthecommencement day.(2)Inthecaseofapermit,itexpires3yearsafterthecommencement day, unless it is
cancelled before that day.(3)In the case of
an exemption, notice or authority, it expires 5yearsafterthecommencementday,unlessitiscancelledbefore that
day.(4)Despitesubsections
(2)and(3),amodificationapprovalgranted in respect of a vehicle is to
continue for the life of thevehicle.(5)For the purposes of this section, a
permit that solely providesan exemption is
to be considered to be an exemption.750Amendment or cancellation of instruments
carried overfrom former legislation(1)This
section applies to any instrument—(a)that
is taken to have been made under this Law undersection 748;
and(b)that applies to more than one person
and that confers abenefit on at least one person; and(c)that is of a class of instrument that
is specified by theNational Regulations for the purposes of
this section.(2)Anamendmentorcancellationofpartoftheinstrumentbyimplication does not affect the remainder of
the instrument.Page 656Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012ScheduleExample—Ifaninstrumentrelatestomassandfatigueexemptions,anoticecancellingonlythefatigueexemptionswillnotcancelthemassexemptions. The
mass exemptions, and their associated conditions, willcontinue in force until they are separately
amended, or until they expire.(3)Despite anything to the contrary in this
Law, if the instrumentis amended or cancelled and the
amendment or cancellationhas the effect of removing or reducing
the benefit previouslyconferredonapersonbytheinstrument,thepersonmaycontinuetoenjoythebenefitasiftheamendmentorcancellation had not occurred until
the instrument would haveexpired had the amendment or
cancellation not occurred.(4)DespiteanythingtothecontraryinthisLawotherthansubsection(3),theRegulatormayamendorcanceltheinstrumentsimplybypublishingapublicnoticeoftheamendment or
cancellation.(5)The amendment or cancellation takes
effect—(a)28daysaftertheCommonwealthGazettenoticeispublished under subsection (4); or(b)if a later time is stated in the
Commonwealth Gazettenotice, at the later time.(6)Thissectionapplieseventoamendmentsandcancellationsthatoccurbyimplication,anditisnotnecessarythattheinstrumentbeingamendedorcancelledbeidentifiedintheamending or cancelling notice.751Expiry of industry codes of
practice(1)This section applies if a code of
practice—(a)istakentohavebeenmadeunderthisLawundersection 748;
and(b)is not subject to a review date, or is
subject to a reviewdate that exceeds 3 years after the
commencement day.(2)The code of practice expires 3 years
after the commencementday, unless it is cancelled before
that day.Current as at [Not applicable]Page
657
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule752Pending matters(1)This
section applies if—(a)section 748appliestoarelevantinstrument(forexample, an application); and(b)anymatter(forexample,thedeterminationofanapplication)ispendinginrespectoftheinstrumentimmediatelybeforetheparticipationdayforthisjurisdiction.(2)Whenthematterisbeingdealtwithonoraftertheparticipation day for this
jurisdiction—(a)theRegulator(orother personhavingfunctionsunderthis
Law in relation to the matter) may have regard toany
relevant provisions of the former legislation for thisjurisdiction; and(b)this
Law applies in relation to the matter—(i)withanyadaptationstheRegulator(orotherperson)considersappropriatetoachieveconsistencywithprovisionsoftheformerlegislation;
and(ii)with any
necessary adaptations.753Preservation of
current PBS scheme(1)The instruments that comprise the
current PBS scheme—(a)continue in force on and from the
commencement daydespitethecommencementofanyprovisionofthisLaw; and(b)apply with any necessary or
appropriate modificationswith respect to any relevant
provisions of this Law orany relevant functions of the
Regulator; and(c)soapplyasifareferenceintheinstrumentstotheNational Transport Commission included
a reference tothe Regulator.(2)This
section ceases to apply to an instrument if it is replacedby
approved guidelines or it is otherwise dispensed with.Page
658Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule754Preservation of contracts for current
PBS scheme(1)ThissectionappliestoacontractbetweentheNationalTransport
Commission and another person that relates to theappointment or functions of the person for
the purposes of thecurrent PBS scheme and that is in force
immediately beforethe commencement day.(2)A
contract to which this section applies and the arrangementsto
which the contract relates—(a)continue in force on and from the
commencement daydespitethecommencementofanyprovisionofthisLaw; and(b)apply with any necessary or
appropriate modificationswith respect to any relevant
provisions of this Law orany relevant functions of the
Regulator; and(c)so apply as if a reference in the
contract to the NationalTransportCommissionincludedareferencetotheRegulator.(3)This
section ceases to apply to a contract with another personreferred to in subsection (1) if—(a)the contract is terminated; or(b)a subsequent contract is entered into
with the Regulatorandtheotherpersonforasimilaroracorrespondingpurpose.755National regulations for savings and
transitional matters(1)The national
regulations may contain provisions of a savingsandtransitionalnatureconsequentontheenactmentorcommencement of provisions of this Law in a
jurisdiction.(2)Anysuchprovisionmay,ifthenationalregulationssoprovide,takeeffectinrelationtothisjurisdictionfromtheparticipation day for this
jurisdiction or a later day.(3)To
the extent any such provision takes effect from a day that
isearlier than the date of its publication,
the provision does notoperate so as—Current as at [Not
applicable]Page 659
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(a)to
affect, in a manner prejudicial to any person (otherthan
this jurisdiction or an authority of this jurisdiction),the
rights of that person existing before the date of itspublication; or(b)toimposeliabilitiesonanyperson(otherthanthisjurisdictionoranauthorityofthisjurisdiction)inrespect of anything done or omitted to be
done beforethe date of its publication.(4)Withoutlimitingsubsections (1)to(3),thenationalregulations may
contain provisions of a savings or transitionalnature
that—(a)have effect in circumstances where
some but not all theprovisions of this Law are commenced;
and(b)without limiting paragraph (a), modify
the operation ofthecommencedprovisionspendingandaftercommencement of
the uncommenced provisions.Part 14.3Heavy Vehicle National LawAmendment Act 2015(Queensland)756Application of s 87A to previously fitted
plate or labelSection 87A applies to tampering with a
plate or label fitted oraffixed to a heavy vehicle under
section 86(2) or 87(3) beforethe commencement
of section 87A.757Saving of stated map and other matters
under s 119 or142(1)Subsections (2)
to (5) apply to the following—(a)a
stated map applied under unamended section 119(2) inamassordimensionexemption(notice)inexistenceimmediately
before the commencement;(b)the areas or
routes shown on the stated map immediatelybefore the
commencement;Page 660Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012ScheduleNotauthorised—indicativeonly(c)a list of areas or routes applied,
adopted or incorporatedunder Schedule 1, section 24(1) in a
mass or dimensionexemption (notice) in existence immediately
before thecommencement;(d)road
conditions or travel conditions shown on a statedmap
or list mentioned in paragraph (a) or (c).(2)Thestatedmapistakentobeastatedmapappliedunderamended section 119(2).(3)The
list of areas or routes is taken to be a stated list appliedunder amended section 119(2).(4)Theroadconditionsortravelconditionsaretakentobeimposed under amended section
119(3).(5)The areas, routes, road conditions and
travel conditions shownon the stated map mentioned in
subsection (2) or stated listmentionedinsubsection(3)mayonlybeamendedunderamended section 119 and section 119A.(6)Subsections (7) to (10) apply to the
following—(a)a stated map applied under unamended
section 142(2) inaclass2heavyvehicleauthorisation(notice)inexistence immediately before the
commencement;(b)the areas or routes shown on the
stated map immediatelybefore the commencement;(c)a list of areas or routes applied,
adopted or incorporatedunderSchedule1,section24(1)inaclass2heavyvehicle
authorisation (notice) in existence immediatelybefore the
commencement;(d)road conditions or travel conditions
shown on a statedmap or list mentioned in paragraph (a) or
(c).(7)Thestatedmapistakentobeastatedmapappliedunderamended section 142(2).(8)The
list of areas or routes is taken to be a stated list appliedunder amended section 142(2).(9)Theroadconditionsortravelconditionsaretakentobeimposed under amended section
142(3).Current as at [Not applicable]Page
661
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(10)The
areas, routes, road conditions and travel conditions shownon
the stated map mentioned in subsection (7) or the stated
listmentionedinsubsection(8)mayonlybeamendedunderamended section 142 and section 142A.(11)In this
section—amended,inrelationtoasection,meansthesectionasamended by the amendment Act.amendmentActmeanstheHeavyVehicleNationalLawAmendment Act 2015(Queensland).commencementmeans—(a)for the purposes of subsection (1)—the
commencementof the amendment of section 119 under the
amendmentAct; or(b)for
the purposes of subsection (6)—the commencementof the amendment
of section 142 under the amendmentAct.roadconditionsmeansroadconditionsrequiredbytherelevant road
manager under section 160.travelconditionsmeanstravelconditionsrequiredbytherelevant road
manager under section 161.unamended, in relation to
a section, means the section as itexisted
immediately before it was amended by the amendmentAct.758Application of s
737 to a new penalty(1)The repeal of an
old penalty by the amendment Act repealsanyincrease,inforceimmediatelybeforetherepeal,intheamount of penalty applying under
section 737.(2)The enactment of a new penalty
includes the enactment of anincrease, to
take effect immediately on the commencement ofthenewpenalty,intheamountofpenaltyapplyingundersection
737.Page 662Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule(3)For the purpose of applying section
737 under subsection (2)toanewpenalty,theamountofpenaltyapplyingundersection 737 is
to be calculated as if—(a)thenewpenaltyhadcommencedbefore1July2014;and(b)theamountofpenaltyapplyinghadbeenincreasedunder section 737(2) on 1 July 2014 and any
later 1 Julyhappening before the new penalty actually
commences.(4)Before the commencement of the new
penalties, the Regulatormust publish on the Regulator’s
website the amounts of eachpenaltyapplyingundersubsections(2)and(3)andundersection 737 on
the commencement of the new penalties.Note—A
list of all penalties to which section 737 applies must be
published.(5)In this section—amendmentActmeanstheHeavyVehicleNationalLawAmendment Act 2015(Queensland).new
penaltymeans a penalty amount stated—(a)in column 3 of the schedule to the
amendment Act; or(b)at the end of a provision for an
offence inserted by theamendment Act into this Law.old
penaltymeans a penalty amount stated in column 2 of
theschedule to the amendment Act.Part
14.4Heavy Vehicle National Lawand
Other LegislationAmendment Act 2016(Queensland)759Application of s 737 to a new penalty(1)The enactment of a new penalty
includes the enactment of anincrease in the
amount of penalty applying under section 737,to take effect
when the new penalty commences.Current as at [Not
applicable]Page 663
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule(2)For
the purpose of applying section 737 under subsection (1)toanewpenalty,theamountofpenaltyapplyingundersection 737 is
to be calculated as if—(a)thenewpenaltyhadcommencedbefore1July2014;and(b)theamountofpenaltyapplyinghadbeenincreasedunder section 737(2) on 1 July 2014 and any
later 1 Julyhappening before the new penalty actually
commences.(3)In this section—new
penaltymeans a penalty stated at the end of a
provisionenactedbytheHeavyVehicleNationalLawandOtherLegislation
Amendment Act 2016(Queensland).Page 664Current as at [Not applicable]
Notauthorised—indicativeonlySchedule 1Heavy Vehicle
National Law Act 2012Schedule 1Miscellaneous
provisionsrelating to interpretationsection 10Part 1Preliminary1Displacement of Schedule by contrary
intentionThe application of this Schedule may be
displaced, wholly orpartly, by a contrary intention
appearing in this Law.Part 2General2Law to be construed not to exceed
legislative power ofParliament(1)This
Law is to be construed as operating to the full extent of,but
so as not to exceed, the legislative power of the Parliamentof
this jurisdiction.(2)If a provision of this Law, or the
application of a provision ofthis Law to a
person, subject matter or circumstance, would,but for the
purposes of this section, be construed as being inexcessofthelegislativepoweroftheParliamentofthisjurisdiction—(a)it
is a valid provision to the extent to which it is not inexcess of the power; and(b)theremainderofthisLaw,andtheapplicationoftheprovisiontootherpersons,subjectmattersorcircumstances, is not affected.(3)This section applies to this Law in
addition to, and withoutlimiting the effect of, any provision
of this Law.Current as at [Not applicable]Page
665
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule 13Every
section to be a substantive enactmentEverysectionofthisLawhaseffectasasubstantiveenactment
without introductory words.4Material that is,
and is not, part of this Law(1)The
heading to a Chapter, Part, Division or Subdivision intowhich this Law is divided is part of this
Law.(2)A Schedule to this Law is part of this
Law.(3)Punctuation in this Law is part of
this Law.(4)A heading to a section or subsection
of this Law does not formpart of this Law.(5)Notes included in this Law (including
footnotes and endnotes)do not form part of this Law.5References to particular Acts and to
enactmentsIn this Law—(a)an
Act of this jurisdiction may be cited—(i)by
its short title; or(ii)by reference to
the year in which it was passed andits number;
and(b)Commonwealth Act may be cited—(i)by its short title; or(ii)in another way
sufficient in a Commonwealth Actfor the citation
of such an Act;together with a reference to the
Commonwealth; and(c)an Act of another jurisdiction may be
cited—(i)by its short title; or(ii)inanotherwaysufficientinanActofthejurisdiction for the citation of such
an Act;together with a reference to the
jurisdiction.Page 666Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule 16References taken to be included in Law
or Act citationetc.(1)AreferenceinthisLawtothisLaworanActincludesareference to—(a)thisLawortheActasoriginallyenacted,andasamended from
time to time since its original enactment;and(b)if this Law or the Act has been
repealed and re-enacted(withorwithoutmodification)sincetheenactmentofthe
reference—this Law or the Act as re-enacted, and asamended from time to time since its
re-enactment.(2)A reference in this Law to a provision
of this Law or of an Actincludes a reference to—(a)theprovisionasoriginallyenacted,andasamendedfrom
time to time since its original enactment; and(b)if
the provision has been omitted and re-enacted (with orwithoutmodification)sincetheenactmentofthereference—the provision as re-enacted,
and as amendedfrom time to time since its
re-enactment.(3)Subsections (1) and (2) apply to a
reference in this Law to alawoftheCommonwealthoranotherjurisdictionastheyapply to a
reference in this Law to an Act and to a provision ofan
Act.7Interpretation best achieving Law’s
purpose or object(1)IntheinterpretationofaprovisionofthisLaw,theinterpretation that will best achieve
the purpose or object ofthis Law is to be preferred to any
other interpretation.(2)Subsection (1)
applies whether or not the purpose or object isexpressly stated
in this Law.8Use of extrinsic material in
interpretation(1)In this section—Current as at [Not
applicable]Page 667
Heavy
Vehicle National Law Act 2012Schedule 1Notauthorised—indicativeonlyextrinsic materialmeans relevant
material not forming part ofthis Law,
including, for example—(a)material that is
set out in the document containing thetext of this Law
as printed by the Government Printer;and(b)a relevant report of a Royal
Commission, Law ReformCommission, commission or committee of
inquiry, or asimilar body, that was laid before the
Parliament of thisjurisdiction before the provision concerned
was enacted;and(c)a relevant
report of a committee of the Parliament of thisjurisdiction
that was made to the Parliament before theprovision was
enacted; and(d)atreatyorotherinternationalagreementthatismentioned in this Law; and(e)an explanatory note or memorandum
relating to the Billthat contained the provision, or any
relevant document,thatwaslaidbefore,orgiventothemembersof,theParliament of this jurisdiction by the
member bringingin the Bill before the provision was
enacted; and(f)the speech made to the Parliament of
this jurisdiction bythe member in moving a motion that the
Bill be read asecond time; and(g)material in the Votes and Proceedings of the
Parliamentof this jurisdiction or in any official
record of debates inthe Parliament of this jurisdiction;
and(h)a document that is declared by this
Law to be a relevantdocument for the purposes of this
section.ordinary meaningmeans the
ordinary meaning conveyed by aprovision having
regard to its context in this Law and to thepurpose of this
Law.(2)Subject to subsection (3), in the
interpretation of a provisionof this Law,
consideration may be given to extrinsic materialcapable of assisting in the
interpretation—(a)if the provision is ambiguous or
obscure—to provide aninterpretation of it; orPage
668Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule 1(b)if the ordinary meaning of the
provision leads to a resultthat is
manifestly absurd or is unreasonable—to providean
interpretation that avoids such a result; or(c)inanyothercase—toconfirmtheinterpretationconveyed by the
ordinary meaning of the provision.(3)Indeterminingwhetherconsiderationshouldbegiventoextrinsic material, and in determining the
weight to be givento extrinsic material, regard is to be had
to—(a)thedesirabilityofaprovisionbeinginterpretedashaving its ordinary meaning; and(b)theundesirabilityofprolongingproceedingswithoutcompensating advantage; and(c)other relevant matters.9Effect of change of drafting
practiceIf—(a)a provision of
this Law expresses an idea in particularwords;
and(b)aprovisionenactedlaterappearstoexpressthesameidea in
different words for the purpose of implementingadifferentlegislativedraftingpractice,including,forexample—(i)the
use of a clearer or simpler style; or(ii)the
use of gender-neutral language;theideasmustnotbetakentobedifferentmerelybecausedifferent words are used.10Use of examplesIfthisLawincludesanexampleoftheoperationofaprovision—(a)the
example is not exhaustive; and(b)the
example does not limit, but may extend, the meaningof
the provision; andCurrent as at [Not applicable]Page
669
Heavy
Vehicle National Law Act 2012Schedule 1(c)theexampleandtheprovisionaretobereadinthecontextofeachotherandtheotherprovisionsofthisLaw, but, if the
example and the provision so read areinconsistent,
the provision prevails.Notauthorised—indicativeonly11Compliance with forms(1)If a form is prescribed or approved by
or for the purpose ofthis Law, strict compliance with the
form is not necessary andsubstantial compliance is
sufficient.(2)If a form prescribed or approved by or
for the purpose of thisLaw requires—(a)the
form to be completed in a specified way; or(b)specifiedinformationordocumentstobeincludedin,attached to or given with the form;
or(c)theform,orinformationordocumentsincludedin,attached to or given with the form, to
be verified in aspecified way;the form is not
properly completed unless the requirement iscomplied
with.Part 3Terms and
references12Definitions(1)In
this Law—Actmeans an Act of the Parliament of this
jurisdiction.adultmeans an
individual who is 18 or more.affidavit,inrelationtoapersonallowedbylawtoaffirm,declareorpromise,includesaffirmation,declarationandpromise.amendincludes—(a)omit
or omit and substitute; or(b)alter or vary;
orPage 670Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012Schedule 1Notauthorised—indicativeonly(c)amend by implication.appointincludes
reappoint.Australiameans the
Commonwealth of Australia but, whenusedinageographicalsense,doesnotincludeanexternalTerritory.business
daymeans a day that is not—(a)a
Saturday or Sunday; or(b)a public
holiday, special holiday or bank holiday in theplace in which
any relevant act is to be or may be done.calendar
monthmeans a period starting at the beginning
ofany day of one of the 12 named months and
ending—(a)immediately before the beginning of
the correspondingday of the next named month; or(b)if there is no such corresponding
day—at the end of thenext named month.calendar
yearmeans a period of 12 months beginning on
1January.commencement,inrelationtothisLaworanActoraprovision of
this Law or an Act, means the time at which thisLaw,
the Act or provision comes into operation.Commonwealthmeans the
Commonwealth of Australia but,whenusedinageographicalsense,doesnotincludeanexternal Territory.confer, in
relation to a function, includes impose.contraveneincludes fail to
comply with.countryincludes—(a)a federation; or(b)a
state, province or other part of a federation.date of
assent, in relation to an Act, means the day on
whichthe Act receives the Royal Assent.definitionmeans a
provision of this Law (however expressed)that—Current as at [Not applicable]Page
671
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Vehicle National Law Act 2012Schedule 1Notauthorised—indicativeonlyPage 672(a)gives a meaning to a word or expression;
or(b)limits or extends the meaning of a
word or expression.documentincludes—(a)any paper or other material on which
there is writing;and(b)any paper or
other material on which there are marks,figures, symbols
or perforations having a meaning for aperson qualified
to interpret them; and(c)anydisc,tapeorotherarticleoranymaterialfromwhich sounds,
images, writings or messages are capableof being
reproduced (with or without the aid of anotherarticle or
device).electronic communicationmeans—(a)a communication of information in the
form of data, textorimagesbymeansofguidedorunguidedelectromagnetic
energy, or both; or(b)a communication of information in the
form of sound bymeans of guided or unguided electromagnetic
energy, orboth, where the sound is processed at its
destination byan automated voice recognition
system.estateincludes
easement, charge, right, title, claim, demand,lien or
encumbrance, whether at law or in equity.expireincludes lapse or otherwise cease to have
effect.external Territorymeans a
Territory, other than an internalTerritory, for
the government of which as a Territory provisionis
made by a Commonwealth Act.failincludes refuse.financial
yearmeans a period of 12 months beginning on
1July.foreigncountrymeansacountry(whetherornotanindependentsovereignState)outsideAustraliaandtheexternal Territories.functionincludes a power
or duty.Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule 1GovernmentPrintermeanstheGovernmentPrinterofthisjurisdiction,
and includes any other person authorised by theGovernment of
this jurisdiction to print an Act or instrument.individualmeans a natural
person.information systemmeans a system
for generating, sending,receiving,storingorotherwiseprocessingelectroniccommunications.insert,inrelationtoaprovisionofthisLaw,includessubstitute.instrumentincludes a
statutory instrument.interest, in relation to
land or other property, means—(a)a
legal or equitable estate in the land or other property;or(b)a right, power
or privilege over, or in relation to, the landor other
property.internal Territorymeans the
Australian Capital Territory, theJervis Bay
Territory or the Northern Territory.JervisBayTerritorymeanstheTerritorymentionedintheJervisBayTerritoryAcceptanceAct1915oftheCommonwealth.makeincludes issue or grant.minormeans an individual who is under 18.modificationincludes
addition, omission or substitution.monthmeans a calendar month.named
monthmeans 1 of the 12 months of the year.Northern Territorymeans the
Northern Territory of Australia.numbermeans—(a)a
number expressed in figures or words; or(b)a
letter; or(c)a combination of a number so expressed
and a letter.Current as at [Not applicable]Page
673
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Vehicle National Law Act 2012Schedule 1Notauthorised—indicativeonlyPage 674oath, in
relation to a person allowed by law to affirm, declareor
promise, includes affirmation, declaration or promise.officeincludes
position.omit, in relation to
a provision of this Law or an Act, includesrepeal.partyincludes an
individual or a body politic or corporate.penaltyincludes forfeiture or punishment.personincludes an
individual or a body politic or corporate.powerincludes authority.prescribedmeans prescribed
by, or by regulations made or inforce for the
purposes of or under, this Law.printedincludestypewritten,lithographedorreproducedbyany
mechanical means.proceedingmeans a legal or
other action or proceeding.propertymeansanylegalorequitableestateorinterest(whether present
or future, vested or contingent, or tangible orintangible)inrealorpersonalpropertyofanydescription(including
money), and includes things in action.provision, in
relation to this Law or an Act, means words orother matter
that form or forms part of this Law or the Act,and
includes—(a)aChapter,Part,Division,Subdivision,section,subsection, paragraph, subparagraph,
sub-subparagraphor Schedule of or to this Law or the Act;
and(b)a section, clause, subclause, item,
column, table or formof or in a Schedule to this Law or the
Act; and(c)the long title and any preamble to the
Act.recordincludes
information stored or recorded by means of acomputer.repealincludes—(a)revoke or rescind; and(b)repeal by implication; andCurrent as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule 1(c)abrogate or limit the effect of this
Law or the instrumentconcerned; and(d)exclude from, or include in, the application
of this Lawor the instrument concerned any person,
subject matteror circumstance.signincludes the affixing of a seal or the
making of a mark.statutory declarationmeans a
declaration made under an Act,orunderaCommonwealthActoranActofanotherjurisdiction,thatauthorisesadeclarationtobemadeotherwise than
in the course of a judicial proceeding.statutoryinstrumentmeansaninstrument(includingaregulation) made or in force under or for
the purposes of thisLaw, and includes an instrument made
or in force under anysuch instrument.swear, in
relation to a person allowed by law to affirm, declareor
promise, includes affirm, declare or promise.wordincludes any symbol, figure or
drawing.writingincludesanymodeofrepresentingorreproducingwords in a
visible form.year,withoutspecifyingthetypeofyear,meanscalendaryear.(2)In a statutory instrument—the
Lawmeans this Law.13Provisions relating to defined terms and
gender andnumber(1)If
this Law defines a word or expression, other parts of speechandgrammaticalformsofthewordorexpressionhavecorresponding meanings.(2)Definitions in or applicable to this Law
apply except so far asthe context or subject matter
otherwise indicates or requires.(3)InthisLaw,wordsindicatingagenderincludeeachothergender.(4)In
this Law—Current as at [Not applicable]Page
675
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Vehicle National Law Act 2012Schedule 1(a)words in the singular include the
plural; and(b)words in the plural include the
singular.Notauthorised—indicativeonly14Meaning of ‘may’
and ‘must’(1)In this Law, the wordmay, or a similar word or
expression,used in relation to a power indicates that
the power may beexercised or not exercised, at
discretion.(2)In this Law, the wordmust, or a similar
word or expression,used in relation to a power indicates that
the power is requiredto be exercised.(3)This
section has effect despite any rule of construction to thecontrary.15Words
and expressions used in statutory instruments(1)Words and expressions used in a statutory
instrument have thesame meanings as they have, from time to
time, in this Law, orrelevant provisions of this Law, under
or for the purposes ofwhich the instrument is made or in
force.(2)Thissectionhaseffectinrelationtoastatutoryinstrumentexceptsofarasthecontraryintentionappearsintheinstrument.16Effect of express references to bodies
corporate andindividualsInthisLaw,areferencetoapersongenerally(whethertheexpression“person”,“party”,“someone”,“anyone”,“no-one”,“one”,“another”or“whoever”oranotherexpression is
used)—(a)does not exclude a reference to a body
corporate or anindividual merely because elsewhere in this
Law there isparticularreferencetoabodycorporate(howeverexpressed); and(b)does
not exclude a reference to a body corporate or anindividual merely because elsewhere in this
Law there isPage 676Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule 1particularreferencetoanindividual(howeverexpressed).17Production of records kept in computers
etc.If a person who keeps a record of
information by means of amechanical, electronic or other device
is required by or underthis Law—(a)to
produce the information or a document containing theinformation to a court, tribunal or person;
or(b)tomakeadocumentcontainingtheinformationavailable for
inspection by a court, tribunal or person;then, unless the
court, tribunal or person otherwise directs—(c)the
requirement obliges the person to produce or makeavailable for inspection, as the case may
be, a documentthatreproducestheinformationinaformcapableofbeing understood by the court,
tribunal or person; and(d)theproductiontothecourt,tribunalorpersonofthedocument in that form complies with
the requirement.18References to this jurisdiction to be
impliedIn this Law—(a)areferencetoanofficer, officeorstatutorybodyisareference to
such an officer, office or statutory body inand for this
jurisdiction; and(b)areferencetoalocalityorothermatterorthingisareference to such a locality or other
matter or thing inand of this jurisdiction.19References to officers and holders of
officesIn this Law, a reference to a particular
officer, or to the holderof a particular office, includes a
reference to the person for thetime being
occupying or acting in the office concerned.Current as at [Not
applicable]Page 677
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Vehicle National Law Act 2012Schedule 1Notauthorised—indicativeonly20Reference to
certain provisions of LawIf a provision of this Law
refers—(a)to a Chapter, Part, section or
Schedule by a number andwithoutreferencetothisLaw—thereferenceisareferencetotheChapter,Part,sectionorSchedule,designated by
the number, of or to this Law; or(b)to a
Schedule without reference to it by a number andwithout reference to this Law—the reference,
if there isonlyoneScheduletothisLaw,isareferencetotheSchedule;
or(c)toaDivision,Subdivision,subsection,paragraph,subparagraph,sub-subparagraph,clause,subclause,item,column,tableorformbyanumberandwithoutreference to
this Law—the reference is a reference to—(i)the
Division, designated by the number, of the Partin which the
reference occurs; and(ii)the Subdivision,
designated by the number, of theDivision in
which the reference occurs; and(iii)thesubsection,designatedbythenumber,ofthesection in which the reference occurs;
and(iv)theparagraph,designatedbythenumber,ofthesection, subsection, Schedule or other
provision inwhich the reference occurs; and(v)theparagraph,designatedbythenumber,oftheclause, subclause, item, column, table
or form of orin the Schedule in which the reference
occurs; and(vi)the
subparagraph, designated by the number, of theparagraph in
which the reference occurs; and(vii) thesub-subparagraph,designatedbythenumber,of the
subparagraph in which the reference occurs;and(viii) the section, clause, subclause, item,
column, tableorform,designatedbythenumber,oforintheSchedule in which the reference
occurs;as the case requires.Page 678Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule 121Reference to provisions of this Law or
an Act is inclusiveIn this Law, a reference to a portion of
this Law or an Actincludes—(a)a
reference to the Chapter, Part, Division, Subdivision,section, subsection or other provision of
this Law or theAct referred to that forms the beginning of
the portion;and(b)a reference to
the Chapter, Part, Division, Subdivision,section,
subsection or other provision of this Law or theAct
referred to that forms the end of the portion.Example—A
reference to “sections 5 to 9” includes both section 5 and section
9. Itis not necessary to refer to “sections 5 to
9 (both inclusive)” to ensurethat the
reference is given an inclusive interpretation.Part 4Functions and powers22Exercise of statutory functions(1)IfthisLawconfersafunctiononapersonorbody,thefunctionmaybeexercisedfromtimetotimeasoccasionrequires.(2)If this Law confers a function on a
particular officer or theholder of a particular office, the
function may be exercised bythe person for
the time being occupying or acting in the officeconcerned.(3)IfthisLawconfersafunctiononabody(whetherornotincorporated),theexerciseofthefunctionisnotaffectedmerely because
of vacancies in the membership of the body.23Power
to make instrument or decision includes power toamend
or repealIf this Law authorises or requires the
making of an instrumentor decision—Current as at [Not
applicable]Page 679
Heavy
Vehicle National Law Act 2012Schedule 1(a)thepowerincludespowertoamendorrepealtheinstrument or decision; and(b)the power to amend or repeal the
instrument or decisionis exercisable in the same way, and
subject to the sameconditions,asthepowertomaketheinstrumentordecision.Notauthorised—indicativeonly24Matters for which
statutory instruments may makeprovision(1)If this Law authorises or requires the
making of a statutoryinstrument in relation to a matter, a
statutory instrument madeunderthisLawmaymakeprovisionforthematterbyapplying,adoptingorincorporating(withorwithoutmodification)
the provisions of—(a)an Act or statutory instrument;
or(b)anotherdocument(whetherofthesameoradifferentkind);as
in force at a particular time or as in force from time to
time.(2)Ifastatutoryinstrumentapplies,adoptsorincorporatestheprovisionsofadocument,thestatutoryinstrumentapplies,adopts or incorporates the provisions as in
force from time totime,unlessthestatutoryinstrumentotherwiseexpresslyprovides.(3)A statutory instrument may—(a)applygenerallythroughoutthisjurisdictionorbelimitedinitsapplicationtoaparticularpartofthisjurisdiction;
or(b)apply generally to all persons,
matters or things or belimited in its application to—(i)particular persons, matters or things;
or(ii)particular
classes of persons, matters or things; or(c)otherwise apply generally or be limited in
its applicationby reference to specified exceptions or
factors.(4)A statutory instrument may—Page
680Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule 1(a)apply differently according to
different specified factors;or(b)otherwise make different provision in
relation to—(i)different persons, matters or things;
or(ii)different
classes of persons, matters or things.(5)A
statutory instrument may authorise a matter or thing to befromtimetotimedetermined,appliedorregulatedbyaspecified person or body.(6)If this Law authorises or requires a
matter to be regulated bystatutoryinstrument,thepowermaybeexercisedbyprohibiting by statutory instrument the
matter or any aspect ofthe matter.(7)If
this Law authorises or requires provision to be made withrespecttoamatterbystatutoryinstrument,astatutoryinstrumentmadeunderthisLawmaymakeprovisionwithrespect to a particular aspect of the matter
despite the fact thatprovision is made by this Law in
relation to another aspect ofthe matter or in
relation to another matter.(8)Astatutoryinstrumentmayprovideforthereviewof,oraright of appeal
against, a decision made under the statutoryinstrument,orthisLaw,andmay,forthatpurpose,conferjurisdiction on
any court, tribunal, person or body.(9)A
statutory instrument may require a form prescribed by orunder the statutory instrument, or
information or documentsincluded in, attached to or given with
the form, to be verifiedby statutory declaration.25Presumption of validity and power to
make(1)All conditions and preliminary steps
required for the makingof a statutory instrument are presumed
to have been satisfiedand performed in the absence of
evidence to the contrary.(2)A statutory
instrument is taken to be made under all powersunder which it
may be made, even though it purports to bemade under this
Law or a particular provision of this Law.Current as at [Not
applicable]Page 681
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule 126Appointments may be made by name or
office(1)If this Law authorises or requires a
person or body—(a)to appoint a person to an office;
or(b)to appoint a person or body to
exercise a power; or(c)to appoint a
person or body to do another thing;the person or
body may make the appointment by—(d)appointing a person or body by name;
or(e)appointingaparticularofficer,ortheholderofaparticular
office, by reference to the title of the officeconcerned.(2)Anappointmentofaparticularofficer,ortheholderofaparticular
office, is taken to be the appointment of the personfor
the time being occupying or acting in the office concerned.27Acting appointments(1)If this Law authorises a person or
body to appoint a person toact in an
office, the person or body may, in accordance withthis
Law, appoint—(a)a person by name; or(b)a particular officer, or the holder of
a particular office,by reference to the title of the
office concerned;to act in the office.(2)The
appointment may be expressed to have effect only in thecircumstances specified in the instrument of
appointment.(3)The appointer may—(a)determine the terms and conditions of the
appointment,including remuneration and allowances;
and(b)terminate the appointment at any
time.(4)The appointment, or the termination of
the appointment, mustbe in, or evidenced by, writing signed
by the appointer.(5)Theappointeemustnotactformorethan1yearduringavacancy in the office.Page
682Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule 1(6)If the appointee is acting in the
office otherwise than becauseof a vacancy in
the office and the office becomes vacant, then,subject to
subsection (2), the appointee may continue to actuntil—(a)the
appointer otherwise directs; or(b)the
vacancy is filled; or(c)the end of a
year from the day of the vacancy;whichever
happens first.(7)The appointment ceases to have effect
if the appointee resignsby writing signed and delivered to the
appointer.(8)While the appointee is acting in the
office—(a)theappointeehasallthepowersandfunctionsoftheholder of the office; and(b)this Law and other laws apply to the
appointee as if theappointee were the holder of the
office.(9)Anything done by or in relation to a
person purporting to actin the office is not invalid merely
because—(a)the occasion for the appointment had
not arisen; or(b)the appointment had ceased to have
effect; or(c)the occasion for the person to act had
not arisen or hadceased.(10)If
this Law authorises the appointer to appoint a person to actduring a vacancy in the office, an
appointment to act in theofficemaybemadebytheappointerwhetherornotanappointment has previously been made to the
office.28Powers of appointment imply certain
incidental powers(1)If this Law authorises or requires a
person or body to appointa person to an office—(a)thepowermaybeexercisedfromtimetotimeasoccasion requires; and(b)the
power includes—Current as at [Not applicable]Page
683
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule 1(i)power to remove or suspend, at any time, a
personappointed to the office; and(ii)power to appoint
another person to act in the officeif a person
appointed to the office is removed orsuspended;
and(iii)power to
reinstate or reappoint a person removedor suspended;
and(iv)power to appoint
a person to act in the office if it isvacant(whetherornottheofficehaseverbeenfilled); and(v)power to appoint a person to act in the
office if theperson appointed to the office is absent or
is unabletodischargethefunctionsoftheoffice(whetherbecause of illness or otherwise).(2)Thepowertoremoveorsuspendapersonundersubsection (1)(b) may be exercised even if
this Law providesthat the holder of the office to which the
person was appointedis to hold office for a specified
period.(3)Thepowertomakeanappointmentundersubsection (1)(b)may be exercised
from time to time as occasion requires.(4)An
appointment under subsection (1)(b) may be expressed tohaveeffectonlyinthecircumstancesspecifiedintheinstrument of
appointment.29Delegation of functions(1)If this Law authorises a person or
body to delegate a function,the person or
body may, in accordance with this Law and anyother applicable
law, delegate the function to—(a)a
person or body by name; or(b)a specified
officer, or the holder of a specified office, byreference to the title of the office
concerned.(2)The delegation may be—(a)general or limited; and(b)made from time to time; andPage
684Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012Schedule 1Notauthorised—indicativeonly(c)revoked, wholly or partly, by the
delegator.(3)The delegation, or a revocation of the
delegation, must be in,orevidencedby,writingsignedbythedelegatoror,ifthedelegator is a body, by a person authorised
by the body for thepurpose.(4)Adelegatedfunctionmaybeexercisedonlyinaccordancewith any
conditions to which the delegation is subject.(5)The
delegate may, in the exercise of a delegated function, doanything that is incidental to the delegated
function.(6)A delegated function that purports to
have been exercised bythe delegate is taken to have been
properly exercised by thedelegate unless the contrary is
proved.(7)A delegated function that is properly
exercised by the delegateis taken to have been exercised by the
delegator.(8)If, when exercised by the delegator, a
function is dependent onthedelegator’sopinion,belieforstateofmind,then,whenexercisedbythedelegate,thefunctionisdependentonthedelegate’s opinion, belief or state of
mind.(9)If—(a)thedelegatorisaspecifiedofficerortheholderofaspecified
office; and(b)the person who was the specified
officer or holder of thespecified office when the delegation
was made ceases tobe the holder of the office;then—(c)the
delegation continues in force; and(d)the
person for the time being occupying or acting in theofficeconcernedistakentobethedelegatorforthepurposes of this
section.(10)If—(a)the delegator is a body; and(b)there is a change in the membership of
the body;then—Current as at [Not
applicable]Page 685
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule 1(c)the
delegation continues in force; and(d)the
body as constituted for the time being is taken to bethe
delegator for the purposes of this section.(11)If a
function is delegated to a specified officer or the holder
ofa specified office—(a)thedelegationdoesnotceasetohaveeffectmerelybecause the
person who was the specified officer or theholderofthespecifiedofficewhenthefunctionwasdelegated ceases to be the officer or the
holder of theoffice; and(b)the
function may be exercised by the person for the timebeing occupying or acting in the office
concerned.(12)Afunctionthathasbeendelegatedmay,despitethedelegation, be exercised by the
delegator.(13)The delegation
of a function does not relieve the delegator ofthedelegator’sobligationtoensurethatthefunctionisproperly exercised.(14)Subjecttosubsection (15),thissectionappliestoasubdelegation of
a function in the same way as it applies to adelegation of a
function.(15)IfthisLawauthorisesthedelegationofafunction,thefunctionmaybesubdelegatedonlyiftheLawexpresslyauthorises the
function to be subdelegated.30Exercise of powers between enactment
andcommencement(1)IfaprovisionofthisLaw(theempoweringprovision)thatdoesnotcommenceonitsenactmentwould,haditcommenced,
confer a power—(a)to make an appointment; or(b)tomakeastatutoryinstrumentofalegislativeoradministrative character; or(c)to do another thing;then—Page 686Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule 1(d)the power may be exercised; and(e)anything may be done for the purpose
of enabling theexerciseofthepowerorof
bringingtheappointment,instrument or
other thing into effect;before the empowering provision
commences.(2)IfaprovisionofaQueenslandAct(theempoweringprovision)
that does not commence on its enactment would,had it
commenced, amend a provision of this Law so that itwould confer a power—(a)to
make an appointment; or(b)tomakeastatutoryinstrumentofalegislativeoradministrative character; or(c)to do another thing;then—(d)the
power may be exercised; and(e)anything may be done for the purpose of
enabling theexerciseofthepowerorof
bringingtheappointment,instrument or
other thing into effect;before the empowering provision
commences.(3)If—(a)this
Law has commenced and confers a power to make astatutoryinstrument(thebasicinstrument-makingpower);
and(b)aprovisionofaQueenslandActthatdoesnotcommence on its enactment would, had
it commenced,amendthisLawsoastoconferadditionalpowertomakeastatutoryinstrument(theadditionalinstrument-making power);then—(c)thebasicinstrument-makingpowerandtheadditionalinstrument-making power may be exercised by
makinga single instrument; andCurrent as at [Not
applicable]Page 687
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule 1(d)any
provision of the instrument that required an exerciseoftheadditionalinstrument-makingpoweristobetreated as made under subsection (2).(4)Ifaninstrument,oraprovisionofaninstrument,ismadeunder subsection
(1) or (2) that is necessary for the purposeof—(a)enablingtheexerciseofapowermentionedinthesubsection;
or(b)bringinganappointment,instrumentorotherthingmade
or done under such a power into effect;the instrument
or provision takes effect—(c)on the making of
the instrument; or(d)on such later day (if any) on which,
or at such later time(ifany)atwhich,theinstrumentorprovisionisexpressed to take effect.(5)If—(a)an
appointment is made under subsection (1) or (2); or(b)aninstrument,oraprovisionofaninstrument,madeundersubsection
(1)or(2)isnotnecessaryforapurpose mentioned in subsection
(4);the appointment, instrument or provision
takes effect—(c)onthecommencementoftherelevantempoweringprovision;
or(d)on such later day (if any) on which,
or at such later time(ifany)atwhich,theappointment,instrumentorprovision is expressed to take
effect.(6)Anything done under subsection (1) or
(2) does not confer aright,orimposealiability,onapersonbeforetherelevantempowering
provision commences.(7)Aftertheenactmentofaprovisionmentionedinsubsection (2) but before the
provision’s commencement, thissection applies
as if the references in subsections (2) and (5)tothecommencementoftheempoweringprovisionwerePage 688Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012Schedule 1references to the commencement of the
provision mentionedin subsection (2) as amended by the
empowering provision.(8)In the
application of this section to a statutory instrument, areference to the enactment of the instrument
is a reference tothe making of the instrument.Notauthorised—indicativeonlyPart
5Distance, time and age31Matters relating to distance, time and
age(1)In the measurement of distance for the
purposes of this Law,thedistanceistobemeasuredalongtheshortestroadordinarily used for travelling.(2)If a period beginning on a given day,
act or event is providedorallowedforapurposebythisLaw,theperiodistobecalculated by
excluding the day, or the day of the act or event,and—(a)if
the period is expressed to be a specified number ofcleardaysoratleastaspecifiednumberofdays—byexcludingthedayonwhichthepurposeistobefulfilled;
and(b)in any other case—by including the day
on which thepurpose is to be fulfilled.(3)If the last day of a period provided
or allowed by this Law fordoing anything is not a business day
in the place in which thething is to be or may be done, the
thing may be done on thenext business day in the place.(4)If the last day of a period provided
or allowed by this Law forthe filing or registration of a
document is a day on which theoffice is closed
where the filing or registration is to be or maybe
done, the document may be filed or registered at the officeon
the next day that the office is open.(5)If
no time is provided or allowed for doing anything, the thingistobedoneassoonaspossible,andasoftenastheprescribed occasion happens.Current as at [Not applicable]Page
689
Heavy
Vehicle National Law Act 2012Schedule 1(6)If, in this Law, there is a reference
to time, the reference is, inrelation to the
doing of anything in a jurisdiction, a referenceto
the legal time in the jurisdiction.(7)For
the purposes of this Law, a person attains an age in yearsat
the beginning of the person’s birthday for the age.Notauthorised—indicativeonlyPart 6Effect of
repeal, amendment orexpiration32Time
of Law ceasing to have effectIf a provision
of this Law is expressed—(a)to expire on a
specified day; or(b)to remain or continue in force, or
otherwise have effect,until a specified day;the
provision has effect until the last moment of the specifiedday.33Repealed Law
provisions not revivedIfaprovisionofthisLawisrepealedoramendedbyaQueenslandAct,oraprovisionofaQueenslandAct,theprovision is not revived merely
because the Queensland Actor the provision of the Queensland
Act—(a)is later repealed or amended;
or(b)later expires.34Saving of operation of repealed Law
provisions(1)The repeal, amendment or expiry of a
provision of this Lawdoes not—(a)revive anything not in force or existing at
the time therepeal, amendment or expiry takes effect;
or(b)affectthepreviousoperationoftheprovisionoranything suffered, done or begun under
the provision; orPage 690Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule 1(c)affect a right, privilege or liability
acquired, accrued orincurred under the provision;
or(d)affect a penalty incurred in relation
to an offence arisingunder the provision; or(e)affect an investigation, proceeding or
remedy in relationto such a right, privilege, liability or
penalty.(2)Any such penalty may be imposed and
enforced, and any suchinvestigation, proceeding or remedy
may be begun, continuedorenforced,asiftheprovisionhadnotbeenrepealedoramended or had not expired.35Continuance of repealed
provisionsIf a Queensland Act repeals some provisions
of this Law andenactsnewprovisionsinsubstitutionfortherepealedprovisions, the
repealed provisions continue in force until thenew provisions
commence.36Law and amending Acts to be read as
oneThis Law and all Queensland Acts amending
this Law are tobe read as one.Part 7Instruments under Law37Schedule applies to statutory
instruments(1)This Schedule applies to a statutory
instrument, and to thingsthat may be done or are required to be
done under a statutoryinstrument,inthesamewayasitappliestothisLaw,andthings that may be done or are
required to be done under thisLaw, except so
far as the context or subject matter otherwiseindicates or
requires.(2)The fact that a provision of this
Schedule refers to this Lawandnotalsotoastatutoryinstrumentdoesnot,byitself,indicatethattheprovisionisintendedtoapplyonlytothisLaw.Current as at [Not applicable]Page
691
Heavy
Vehicle National Law Act 2012Schedule 1Part
8Application to coastal waters38ApplicationThis Law has
effect in and in relation to the coastal waters ofthisjurisdictionasifthecoastalwaterswerepartofthisjurisdiction.Notauthorised—indicativeonlyPage 692Current as at
[Not applicable]
Notauthorised—indicativeonlySchedule 2Heavy Vehicle
National Law Act 2012Schedule 2Subject matter
for conditions ofmass or dimension authoritiessections 119, 125 and 1461the maximum permissible mass of a
heavy vehicle, a heavyvehicletogetherwithitsload,oracomponentofaheavyvehicle, being
used on a road2themaximumpermissibledimensionsofaheavyvehicle(including its equipment), or a component or
load of a heavyvehicle, being used on a road3the configuration of a heavy
vehicle4the types of loads a heavy vehicle may
carry5the use of signs and warning
devices6the use of a pilot vehicle or escort
vehicle7the times when a heavy vehicle may be
used on a road8the maximum speed at which a heavy
vehicle may be drivenon a road9requirementsaboutmonitoringthemovementofaheavyvehicle10the use of stated technology
to—(a)ensure the safe use of a heavy
vehicle; or(b)ensure a heavy vehicle will not cause
damage to roadinfrastructure; or(c)minimise the adverse effect of the use of a
heavy vehicleon public amenityCurrent as at [Not
applicable]Page 693
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule 3Schedule 3Reviewable decisionssection 640,
definitionreviewable decisionPart 1Decisions of RegulatorSection under
whichdecision madesection 22section 22section 23section 23section 68section 68section 71Description of decisiondecision of
Regulator not to grant a PBS designapprovaldecision of Regulator to impose a condition
inrelation to a PBS design approval, except to
theextent the decision relates to a condition
imposedas a result of a ministerial notice under
section 21decision of Regulator not to grant a PBS
vehicleapprovaldecision of
Regulator to impose a condition inrelation to a
PBS vehicle approval, except to theextent the
decision relates to a condition imposedas a result of a
ministerial notice under section 21decision of
Regulator not to grant a vehiclestandards
exemption (permit)decision of Regulator to grant a vehicle
standardsexemption (permit) for a period less than
theperiod of not more than 3 years sought by
theapplicantdecision of
Regulator to impose on a vehiclestandards
exemption (permit) a condition notsought by the
applicantPage 694Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule 3Section under whichdecision
madesection 75section 76section 77section 80section 122section
122section 125section
143section 143Description of
decisiondecision of Regulator not to make a
decisionsought in an application for amendment
orcancellation of a vehicle standards
exemption(permit)decision of
Regulator to amend or cancel avehicle
standards exemption (permit)decision of the
Regulator to immediately suspenda vehicle
standards exemption (permit)decision of
Regulator not to give a replacementpermit for a
vehicle standards exemption (permit)decision of
Regulator not to grant a mass ordimension
exemption (permit) other than becausea relevant road
manager for the exemption did notconsent to the
grantdecision of Regulator to grant a mass
ordimension exemption (permit) for a period
lessthan the period of not more than 3 years
sought bythe applicantdecision of
Regulator to impose on a mass ordimension
exemption (permit) a condition notsought by the
applicant and not a road conditionor travel
conditions required by a relevant roadmanager for the
exemptiondecision of Regulator not to grant a class 2
heavyvehicle authorisation (permit) other than
becausea relevant road manager for the
authorisation didnot consent to the grantdecision of
Regulator to grant a class 2 heavyvehicle
authorisation (permit) for a period lessthan the period
of not more than 3 years sought bythe
applicantCurrent as at [Not applicable]Page
695
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule 3Section under
whichdecision madesection
146section 176section
177section 179section
182section 273section
273section 273section
273Description of decisiondecision of
Regulator to impose on a class 2heavy vehicle
authorisation (permit) a conditionnot sought by
the applicant and not a roadcondition or
travel condition required by arelevant road
manager for the authorisationdecision of
Regulator not to make a decisionsought in an
application for amendment of a massor dimension
authority granted by giving a persona permitdecision of Regulator to amend or cancel a
massor dimension authority granted by giving a
persona permit, other than at the request of a
relevantroad managerdecision of
Regulator to immediately suspend amass or
dimension authority granted by giving aperson a
permitdecision of Regulator not to give a
replacementpermit for a mass or dimension
authoritydecision of Regulator not to grant a work
and resthours exemption (permit)decision of
Regulator to grant a work and resthours exemption
(permit) that does not cover allof the drivers
sought by the applicantdecision of Regulator to grant a work
and resthours exemption (permit) setting maximum
worktimes or minimum rest times different to
themaximum work times or minimum rest
timessought by the applicantdecision of
Regulator to grant a work and resthours exemption
(permit) for a period less thanthe period of
not more than 3 years sought by theapplicantPage
696Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule 3Section under whichdecision
madesection 276section
280section 281section
282section 285section
343section 343section
351section 352section
363section 363Description of
decisiondecision of Regulator to impose on a work
andrest hours exemption (permit) a condition
notsought by the applicantdecision of
Regulator not to make a decisionsought in an
application for the amendment orcancellation of
a work and rest hours exemption(permit)decision of Regulator to amend or cancel a
workand rest hours exemption (permit)decision of Regulator to immediately suspend
awork and rest hours exemption
(permit)decision of Regulator not to give a
replacementpermit for a work and rest hours
exemption(permit)decision of
Regulator not to grant an electronicrecording system
approvaldecision of Regulator to impose on an
electronicrecording system approval a condition not
soughtby the applicantdecision of
Regulator not to make a decisionsought in an
application for amendment orcancellation of
an electronic recording systemapprovaldecision of Regulator to amend or cancel
anelectronic recording system approvaldecision of Regulator not to grant a work
diaryexemption (permit)decision of
Regulator to grant a work diaryexemption
(permit) for a period less than theperiod of not
more than 3 years sought by theapplicantCurrent as at [Not applicable]Page
697
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule 3Section under
whichdecision madesection
366section 370section
371section 374section
379section 383section
383section 385section
387section 388section
389Description of decisiondecision of
Regulator to impose on a work diaryexemption
(permit) a condition not sought by theapplicantdecision of Regulator not to make a
decisionsought in an application for the amendment
orcancellation of a work exemption
(permit)decision of Regulator to amend or cancel a
workdiary exemption (permit)decision of
Regulator not to give a replacementpermit for work
diary exemption (permit)decision of Regulator to impose a
condition on afatigue record keeping exemption
(notice)decision of Regulator to grant a fatigue
recordkeeping exemption (permit) in a way that
does notcover all the drivers sought by the
applicantdecision of Regulator to grant a fatigue
recordkeeping exemption (permit) setting
conditionsdifferent from those sought by the
applicantdecision of Regulator to impose a condition
on afatigue record keeping exemption
(permit)decision of Regulator to give a fatigue
recordkeeping exemption (permit) for a period less
thanthe period of not more than 3 years sought
by theapplicantdecision of
Regulator not to grant a fatigue recordkeeping
exemption (permit)decision of Regulator not to make a
decisionsought in an application for amendment
orcancellation of a fatigue record
keepingexemption (permit)Page 698Current as at [Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule 3Section under whichdecision
madesection 390section
393section 458section
458section 458section
462(2)section 472section
473section 474section
477section 561Description of
decisiondecision of Regulator to amend or cancel a
fatiguerecord keeping exemption (permit)decision of Regulator not to give a
replacementfatigue record keeping exemption
permitdecision of Regulator not to grant a heavy
vehicleaccreditationdecision of
Regulator to grant a heavy vehicleaccreditation
for a period less than the period ofnot more than 3
years sought by the applicantdecision of
Regulator to grant an AFMaccreditation setting maximum work
times andminimum rest times different to the
maximumwork times and minimum rest times sought by
theapplicantdecision of
Regulator to impose on a heavyvehicle
accreditation a condition not sought by theapplicantdecision of Regulator not to make a
decisionsought in an application for amendment
orcancellation of a heavy vehicle
accreditationdecision of Regulator to amend, suspend or
cancela heavy vehicle accreditationdecision of Regulator to immediately suspend
aheavy vehicle accreditationdecision of Regulator not to give a
replacementaccreditation certificatedecision of Regulator that a thing or sample
isforfeited to the RegulatorCurrent as at [Not applicable]Page
699
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule 3Part 2Decisions of authorisedofficersSection under whichDescription of
decisiondecision madesection
572decision of an authorised officer who is not
apolice officer to give a person an
improvementnoticesections 572 and
574decision of an authorised officer who is not
apolice officer to amend an improvement
noticegiven to a personsection
576Adecisionofanauthorisedofficerwhoisnotapolice officer to give a person a
prohibition noticesection 576Adecisionofanauthorisedofficerwhoisnotapolice officer to amend a prohibition
notice givento a personNote—Section 23 of Schedule 1 allows for the
amendment of aprohibition notice.Part 3Decisions of relevant roadmanagersSection under
whichdecision madesection
156ADescription of decisiondecision of a
relevant road manager for a mass ordimension
authority, that is a public authority, notto consent to
the grant of the authorityPage 700Current as at
[Not applicable]
Notauthorised—indicativeonlyHeavy
Vehicle National Law Act 2012Schedule 3Section under whichdecision
madesection 160section
161section 174section
178Description of decisiondecision of a
relevant road manager for a mass ordimension
authority, that is a public authority, toconsent to the
grant of the authority subject to acondition that a
road condition be imposed on theauthoritydecision of a relevant road manager for a
mass ordimension authority, that is a public
authority, toconsent to the grant of the authority
subject to acondition that a travel condition be imposed
onthe authoritydecision of a
relevant road manager for a mass ordimension
authority (granted by CommonwealthGazette notice),
that is a public authority, torequest the
authority be amended or cancelleddecision of a
relevant road manager for a mass ordimension
authority (granted by giving a person apermit), that is
a public authority, to request theauthority be
amended or cancelledCurrent as at [Not applicable]Page
701
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule 4Schedule 4Liability provisionssections 636,
637 and 638Theprovisionsspecifiedincolumn2ofthefollowingtablearespecified for the purposes of sections
636(1), 637(4) and 638(4).Column 1Section ofthis
Law26E30506079818587A8993129130137150153A181185Column 2Provision specified for sections 636(1),
637(4) and 638(4)26E(1), 26E(2)30(1)50(1), 50(2)60(1)79(2)81(1), 81(2),
81(3)85(1), 85(2)87A(1)89(1)93(1), 93(2),
93(3)129(1), 129(2), 129(3)130(3)137150(1)153A(1)181(3)185(1),
185(2)Page 702Current as at
[Not applicable]
Heavy
Vehicle National Law Act 2012Schedule 4Notauthorised—indicativeonlyColumn 1Section ofthis
Law186187190191193264284286310311312313314315319321322323324324A327328329Column 2Provision specified for sections 636(1),
637(4) and 638(4)186(2), 186(3), 186(4), 186(5)187(2), 187(3)190(1)191(1), 191(3)193(2)264(2)284(2)286(1)310(2)311(2)312(2)313(2), 313(3)314(3)315(1)319(1)321(1), 321(3)322(4)323(3)324(2)324A(2)327328329Current as at [Not
applicable]Page 703
Heavy
Vehicle National Law Act 2012Schedule 4Notauthorised—indicativeonlyColumn 1Section ofthis
Law330331332335336336A337341347354355373375396398399404405406417422423424Column 2Provision specified for sections 636(1),
637(4) and 638(4)330(1)331332335(1)336(1)336A(1)337(2)341(1), 341(2), 341(3), 341(5)347354(3), 354(5)355(2), 355(4),
355(6)373(2)375396(2)398(2)399(2)404(1),
404(4)405(1)406(1),
406(2)417422(2)423(1)424(1), 424(3)Page 704Current as at [Not applicable]
Heavy
Vehicle National Law Act 2012Schedule 4Notauthorised—indicativeonlyColumn 1Section ofthis
Law451452453454467470471476478514516517528529531A533534535553558559567568Column 2Provision specified for sections 636(1),
637(4) and 638(4)451452453(1),
453(2)454(1), 454(2)467470(2), 470(3), 470(4), 470(5),
470(6)471(2)476(2)478(1), 478(2), 478(3), 478(4)514(3)516(3)517(4)528(3)529531A(5)533(7)534(5)535(5)553(3)558(1),
558(3)559(3), 559(4), 559(5)567(4)568(7)Current as at [Not
applicable]Page 705
Notauthorised—indicativeonlyHeavy Vehicle National Law Act
2012Schedule 4Column 1Section ofthis Law569570570A573576C577590B604610699700702703704728728A729729AColumn 2Provision
specified for sections 636(1), 637(4) and 638(4)569(2), 569(7)570(3)570A(5)573(1)576C577(4)590B(2)604610699(1), 699(2)700(4)702(1), 702(3)703(1),
703(2)704(1), 704(2), 704(3)728(1)728A(1)729(1),
729(3)729A(1), 729A(2)Page 706Current as at [Not applicable]