{"id":"nsw:act-2013-042","name":"Heavy Vehicle (Adoption of National Law) Act 2013","slug":"heavy-vehicle-adoption-of-national-law-act-2013","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"42 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30089,"registerId":"nsw-act-2013-042-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Heavy Vehicle (Adoption of National Law) Act 2013](/view/html/inforce/current/act-2013-042).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) This Act commences on a day or days to be appointed by proclamation.\n> \n> > (2) Different days may be appointed under subsection (1) for the commencement of different provisions of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > function includes a power, authority or duty, and exercise a function includes perform a duty.\n> > \n> > Heavy Vehicle National Law (NSW) means the provisions applying in this jurisdiction because of section 4.\n> > \n> > Heavy Vehicle National Regulations (NSW) means the provisions applying in this jurisdiction because of section 5.\n> > \n> > local regulations—see section 28.\n> > \n> > modification includes addition, exception, omission or substitution.\n> > \n> > national regulations means the regulations, as amended from time to time, under the Heavy Vehicle National Law set out in the Schedule to the Queensland Act.\n> > \n> > Queensland Act means the Heavy Vehicle National Law Act 2012 of Queensland.\n> > \n> > road transport legislation has the same meaning as in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> > \n> > TfNSW means Transport for NSW constituted under the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109).\n> \n> > (2) Terms used in this Act and also in the Heavy Vehicle National Law set out in the Schedule to the Queensland Act have the same meanings in this Act as they have in that Law.\n> \n> > (3) Notes included in this Act (other than in Schedules 1 and 2) do not form part of this Act.\n> \n> **s 3:** Am 2013 No 71, Sch 1 \\[1\\]–\\[3\\]; 2020 No 30, Sch 4.27\\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Application of Heavy Vehicle National Law and National Regulations","content":"# Part 2 Application of Heavy Vehicle National Law and National Regulations\n\nPart 2 Application of Heavy Vehicle National Law and National Regulations","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Application of Heavy Vehicle National Law","content":"#### 4 Application of Heavy Vehicle National Law\n\n4 Application of Heavy Vehicle National Law\n\n> The Heavy Vehicle National Law, as amended from time to time, set out in the Schedule to the Queensland Act—\n> \n> > (a) applies as a law of this jurisdiction, subject to the modifications set out in Schedule 1, and\n> \n> > (b) as so applying may be referred to as the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a), and\n> \n> > (c) so applies as if it were an Act.\n> \n> **s 4:** Am 2013 No 71, Sch 1 \\[4\\].","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Application of regulations under Heavy Vehicle National Law","content":"#### 5 Application of regulations under Heavy Vehicle National Law\n\n5 Application of regulations under Heavy Vehicle National Law\n\n> Each of the national regulations—\n> \n> > (a) applies as a regulation in force for the purposes of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a), subject to the modifications (if any) set out in Schedule 2 for that regulation, and\n> \n> > (b) as so applying may be referred to by its citation with “*(NSW)*” added at the end of that citation.\n> \n> **s 5:** Subst 2013 No 71, Sch 1 \\[5\\].","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Exclusion of legislation of this jurisdiction","content":"#### 6 Exclusion of legislation of this jurisdiction\n\n6 Exclusion of legislation of this jurisdiction\n\n> > (1) The following Acts of this jurisdiction do not apply to the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) or to instruments made under that Law—\n> > \n> > > (a) the [Government Information (Information Commissioner) Act 2009](/view/html/inforce/current/act-2009-053),\n> > \n> > > (b) the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052),\n> > \n> > > (c) the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), except—\n> > > \n> > > > (i) Part 6A, and\n> > > \n> > > > (ii) sections 40 and 41, as applying under section 8 of this Act, and\n> > > \n> > > > (iii) provisions prescribed by the local regulations,\n> > \n> > > (c1) the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133),\n> > \n> > > (d) the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146),\n> > \n> > > (e) the [State Records Act 1998](/view/html/inforce/current/act-1998-017).\n> \n> > (2) However, the Acts referred to in subsection (1) (so far as they are relevant) apply to a government sector agency or a government sector employee exercising a function under the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a).\n> \n> > (3) The [Government Sector Audit Act 1983](/view/html/inforce/current/act-1983-152) and the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) do not apply to the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) or to instruments made under that Law, except to the extent that that Law and those instruments apply to—\n> > \n> > > (a) a government sector agency and the employees, decisions, actions and records of the government sector agency in carrying out a function, or\n> > \n> > > (b) the Auditor-General in carrying out an audit as required by a national regulation made under section 693 (3) (b) of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a).\n> \n> > (4) To avoid doubt, this section does not limit the application of—\n> > \n> > > (a) the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) to a provision of this Act, or\n> > \n> > > (b) the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146) to local regulations.\n> \n> > (5) In this section—\n> > \n> > government sector agency means—\n> > \n> > > (a) the Public Service or any other service of the Crown, or\n> > \n> > > (b) a NSW Government agency, or\n> > \n> > > (c) an entity constituted by or under an Act or exercising public functions (such as a State owned corporation), being an entity that is prescribed by the local regulations for the purposes of this definition,\n> > \n> > but does not include the Regulator.\n> > \n> > government sector employee means a person employed on any basis, or on secondment, in a government sector agency.\n> \n> **s 6:** Am 2013 No 71, Sch 1 \\[6\\]; 2018 No 70, Sch 4.50; 2021 No 9, Sch 1\\[1\\].","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Application of Ombudsman Act 1974","content":"#### 7 Application of Ombudsman Act 1974\n\n7 Application of [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068)\n\n> The [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068) applies to functions of the Regulator exercisable in relation to this jurisdiction as if the Regulator were a public authority under that Act.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Scrutiny and disallowance of national regulations","content":"#### 8 Scrutiny and disallowance of national regulations\n\n8 Scrutiny and disallowance of national regulations\n\n> > (1) Sections 40 and 41 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) and the provisions of the [Legislation Review Act 1987](/view/html/inforce/current/act-1987-165) apply to a national regulation in the same way as they apply to a statutory rule.\n> \n> > (2) However, if a national regulation is disallowed in this jurisdiction, the regulation does not cease to have effect in this jurisdiction unless the regulation is disallowed in a majority of the participating jurisdictions (and, in such a case, the regulation ceases to have effect on the date of its disallowance in the last of the jurisdictions forming the majority).\n> \n> > (3) In this section—\n> > \n> > national regulation includes a provision of a national regulation.","sortOrder":9},{"sectionNumber":"8A","sectionType":"section","heading":"Declaration about industrial relations status of Regulator","content":"#### 8A Declaration about industrial relations status of Regulator\n\n8A Declaration about industrial relations status of Regulator\n\n> > (1) For the avoidance of doubt, it is declared that—\n> > \n> > > (a) the Regulator is not an employer of State public sector employees for the purposes of the [Industrial Relations (Commonwealth Powers) Act 2009](/view/html/inforce/current/act-2009-115), and\n> > \n> > > (b) it is the intention of the Parliament that the Regulator be a national system employer for the purposes of the [Fair Work Act 2009](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> > (2) Nothing in any Act (whether enacted before or after the commencement of this section) is to be taken to prevent the Regulator from being a national system employer for the purposes of the [Fair Work Act 2009](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **s 8A:** Ins 2013 No 71, Sch 1 \\[7\\].","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Meaning of terms for Heavy Vehicle National Law (NSW) and National Regulations (NSW)","content":"# Part 3 Meaning of terms for Heavy Vehicle National Law (NSW) and National Regulations (NSW)\n\nPart 3 Meaning of terms for [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) and National Regulations (NSW)","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Interpretation of certain expressions","content":"#### 9 Interpretation of certain expressions\n\n9 Interpretation of certain expressions\n\n> In the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) and the regulations in force for the purposes of that Law—\n> \n> police officer means a police officer within the meaning of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> \n> this jurisdiction means New South Wales.\n> \n> **s 9:** Am 2013 No 71, Sch 1 \\[8\\].","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Police officers who are authorised officers","content":"#### 10 Police officers who are authorised officers\n\n10 Police officers who are authorised officers\n\n> Every police officer is declared to be an authorised officer for the purposes of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a).\n> \n> Note.\n> \n> See section 5 of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) for the definition of authorised officer.\n> \n> **s 10:** Am 2013 No 71, Sch 1 \\[9\\].","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Authorised warrant official","content":"#### 11 Authorised warrant official\n\n11 Authorised warrant official\n\n> A Judge of the Local Court is declared to be an authorised warrant official for this jurisdiction for the purposes of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a).\n> \n> Note.\n> \n> See section 5 of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) for the definition of authorised warrant official.\n> \n> **s 11:** Am 2013 No 71, Sch 1 \\[10\\]; 2025 No 61, Sch 2.49.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Infringement notices","content":"#### 12 Infringement notices\n\n12 Infringement notices\n\n> > (1) The following are declared to be the Infringement Notice Offences Law for the purposes of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a)—\n> > \n> > > (a) the other provisions of this section and any local regulations made for the purposes of this section, and\n> > \n> > > (b) the [Fines Act 1996](/view/html/inforce/current/act-1996-099).\n> \n> > (2) An infringement notice issued under section 591 of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a)—\n> > \n> > > (a) may be called and issued as a penalty notice rather than as an infringement notice, and\n> > \n> > > (b) is declared to be a penalty notice for the purposes of the [Fines Act 1996](/view/html/inforce/current/act-1996-099).\n> \n> > (3) (Repealed)\n> \n> > (4) If the amount of penalty prescribed for an alleged offence is paid in respect of an infringement notice, no person is liable to any further proceedings for the alleged offence.\n> \n> > (5) Payment of an amount in respect of an infringement notice is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.\n> \n> > (6) The local regulations may—\n> > \n> > > (a) prescribe an offence for the purposes of section 591 of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) by specifying the offence or by referring to the provision creating the offence, and\n> > \n> > > (b) prescribe the amount of penalty payable for the offence if dealt with under that section, and\n> > \n> > > (c) prescribe different amounts of penalties for different offences or classes of offences, and\n> > \n> > > (d) prescribe different amounts of penalties for the same kind of offence or class of offence committed in specified circumstances.\n> \n> > (7) The amount of a penalty prescribed by the local regulations under this section for an offence is not to exceed 10 percent of the maximum amount of penalty that could be imposed for the offence by a court.\n> \n> > (8) This section and section 591 of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) do not limit the operation of any other provision of, or made under, this Act or the Law or any other Act relating to proceedings that may be taken in respect of offences.\n> \n> **s 12:** Subst 2013 No 71, Sch 1 \\[11\\]. Am 2021 No 9, Sch 1\\[2\\].","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Local government authority","content":"#### 13 Local government authority\n\n13 Local government authority\n\n> A council within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) is declared to be a local government authority for this jurisdiction for the purposes of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a).\n> \n> Note.\n> \n> See section 5 of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) for the definition of local government authority.\n> \n> **s 13:** Am 2013 No 71, Sch 1 \\[12\\].","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Relevant tribunal or court","content":"#### 14 Relevant tribunal or court\n\n14 Relevant tribunal or court\n\n> The Local Court is declared to be the relevant tribunal or court for this jurisdiction for the purposes of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a).\n> \n> Note.\n> \n> See section 5 of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) for the definition of relevant tribunal or court.\n> \n> **s 14:** Am 2013 No 71, Sch 1 \\[13\\].","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Responsible Minister","content":"#### 15 Responsible Minister\n\n15 Responsible Minister\n\n> The Minister responsible for administering this Act is nominated as the responsible Minister for this jurisdiction for the purposes of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a).\n> \n> Note.\n> \n> See section 5 of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) for the definition of responsible Minister.\n> \n> **s 15:** Am 2013 No 71, Sch 1 \\[14\\].","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Road authority","content":"#### 16 Road authority\n\n16 Road authority\n\n> TfNSW is declared to be the road authority for this jurisdiction for the purposes of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a).\n> \n> Note.\n> \n> See section 5 of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) for the definition of road authority.\n> \n> **s 16:** Am 2013 No 71, Sch 1 \\[15\\]; 2020 No 30, Sch 4.27\\[2\\].","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Road manager","content":"#### 17 Road manager\n\n17 Road manager\n\n> > (1) Except as provided by subsection (2), the following are declared to be the road manager for a road in this jurisdiction for the purposes of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a)—\n> > \n> > > (a) for a public road—the roads authority for the road under the [Roads Act 1993](/view/html/inforce/current/act-1993-033),\n> > \n> > > (b) for a private road—the owner of the road.\n> > \n> > Note.\n> > \n> > See section 5 of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) for the definition of road manager.\n> \n> > (2) TfNSW is declared to be the road manager for each of the following roads (regardless of whether it is the roads authority under the [Roads Act 1993](/view/html/inforce/current/act-1993-033) for the road or the owner of the road)—\n> > \n> > > (a) a road in respect of which TfNSW performs under that Act some or all of the functions of the roads authority instead of the authority (whether under an agreement or otherwise),\n> > \n> > > (b) a road that is a tollway or transitway.\n> \n> > (3) To avoid doubt, a reference in this section to a roads authority is not affected by section 16 (which declares TfNSW to be the road authority for the purposes of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a)).\n> \n> > (4) A term used in this section that is defined for the purposes of the [Roads Act 1993](/view/html/inforce/current/act-1993-033) has the same meaning as in that Act.\n> \n> **s 17:** Subst 2013 No 71, Sch 1 \\[16\\]. Am 2020 No 30, Sch 4.27\\[2\\].","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Road Rules","content":"#### 18 Road Rules\n\n18 Road Rules\n\n> The [Road Rules 2014](/view/html/inforce/current/sl-2014-0758) (or any rules made under the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) that replace those Rules) are declared to be the Road Rules for the purposes of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a).\n> \n> Note.\n> \n> See section 5 of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) for the definition of Road Rules.\n> \n> **s 18:** Subst 2013 No 71, Sch 1 \\[17\\]. Am 2014 (762), Sch 1.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Meaning of road and road-related area","content":"#### 19 Meaning of road and road-related area\n\n19 Meaning of road and road-related area\n\n> > (1) If a declaration in an order made under section 18 of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) is in force to the effect that the road transport legislation (within the meaning of that Act) applies to a specified area, the area to which the declaration relates is declared to be a road-related area for the purposes of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a).\n> > \n> > Note.\n> > \n> > Section 8 (3) of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) provides for the declaration of an area to be a road or road-related area for the purposes of that Law.\n> \n> > (2) If a declaration in an order made under section 18 of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) is in force to the effect that the road transport legislation (within the meaning of that Act) does not apply to a specified road, the road to which the declaration relates is taken not to be a road or road-related area (as the case requires) for the purposes of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a).","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Meaning of convicts and convicted of an offence","content":"#### 20 Meaning of convicts and convicted of an offence\n\n20 Meaning of convicts and convicted of an offence\n\n> To avoid doubt, section 9 of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) applies only for the purposes of that Law and offences under that Law and not for the purposes of any other law of this jurisdiction.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Primary WHS Law","content":"#### 21 Primary WHS Law\n\n21 Primary WHS Law\n\n> The [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010) and the regulations under that Act are declared to be the primary WHS Law for the purposes of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a).\n> \n> Note.\n> \n> See section 18 (4) of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) for the definition of primary WHS Law.\n> \n> **s 21:** Am 2013 No 71, Sch 1 \\[18\\].","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Meaning of relevant law","content":"#### 22 Meaning of relevant law\n\n22 Meaning of relevant law\n\n> The following Acts are specified for the purposes of the definition of relevant law in section 727 (1) of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a)—\n> \n> > (a) the [Roads Act 1993](/view/html/inforce/current/act-1993-033),\n> \n> > (b) the road transport legislation,\n> \n> > (c) the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109),\n> \n> > (d) the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068),\n> \n> > (e) the [Photo Card Act 2005](/view/html/inforce/current/act-2005-020),\n> \n> > (f) any other Act or statutory rule prescribed by the local regulations.\n> \n> **s 22:** Am 2013 No 71, Sch 1 \\[18\\] \\[19\\].","sortOrder":25},{"sectionNumber":"Part 4","sectionType":"part","heading":"Authorisations","content":"# Part 4 Authorisations\n\nPart 4 Authorisations\n\n**pt 4:** Subst 2013 No 71, Sch 1 \\[21\\].","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Authority to use force","content":"#### 23 Authority to use force\n\n23 Authority to use force\n\n> > (1) An authorised officer who is a police officer is authorised to use force against a person in the exercise, or purported exercise, of a function under the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a).\n> > \n> > Note.\n> > \n> > See section 491 (Use of force against persons) of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a).\n> \n> > (2) An authorised officer is authorised to use force against property for the purposes of a power referred to in section 492 (1) of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a).\n> \n> > (3) For the avoidance of doubt, the force that may be used by an authorised officer is such force as would be reasonably necessary in the circumstances for the exercise of the power concerned.\n> \n> **s 23:** Subst 2013 No 71, Sch 1 \\[21\\].","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Authority to seize heavy vehicles or things","content":"#### 24 Authority to seize heavy vehicles or things\n\n24 Authority to seize heavy vehicles or things\n\n> Section 552 (1) of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) does not apply to an authorised officer who is a police officer impounding or seizing a heavy vehicle or thing under an Act or other law of this jurisdiction.\n> \n> Note.\n> \n> See section 552 (2) of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a).\n> \n> **s 24:** Subst 2013 No 71, Sch 1 \\[21\\].","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"General power for TfNSW to obtain, provide and use information","content":"#### 25 General power for TfNSW to obtain, provide and use information\n\n25 General power for TfNSW to obtain, provide and use information\n\n> > (1) Despite this Act or another law, TfNSW may, on its own initiative or at the request of the Regulator, provide the Regulator with assistance, advice or the following information, as is reasonably required by the Regulator to exercise its functions under this Act, the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) or another law—\n> > \n> > > (a) information, including information given in confidence, in the possession or control of TfNSW,\n> > \n> > > (b) information, including personal information, kept in a register maintained by TfNSW under the road transport legislation,\n> > \n> > > (c) other information prescribed by the regulations.\n> \n> > (2) Despite this Act or another law, the Regulator may, at the request of TfNSW, disclose information to TfNSW, as is reasonably required by TfNSW to exercise its functions under this Act, the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) or another law.\n> \n> > (3) TfNSW may use information disclosed under this section for a purpose relating to the exercise of its functions, including its delegated functions, under this Act, the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) or another law.\n> \n> > (4) Nothing done, or authorised to be done, under this section—\n> > \n> > > (a) constitutes a breach of, or default under, an Act or another law, or\n> > \n> > > (b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking, or\n> > \n> > > (c) constitutes a breach of duty of confidence, whether arising by contract, in equity, by custom or otherwise, or\n> > \n> > > (d) constitutes a civil or criminal wrong, or\n> > \n> > > (e) terminates an agreement or obligation or fulfils a condition that allows a person to terminate an agreement or obligation, or gives rise to another right or remedy, or\n> > \n> > > (f) releases a surety or another obligee wholly or in part from an obligation.\n> \n> > (5) In this section—\n> > \n> > personal information has the same meaning as in the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133), section 4.\n> \n> **s 25:** Subst 2013 No 71, Sch 1 \\[21\\]. Am 2020 No 30, Sch 4.27\\[2\\]–\\[4\\]. Subst 2021 No 9, Sch 1\\[3\\].","sortOrder":29},{"sectionNumber":"25A","sectionType":"section","heading":"Authorisation for section 688 of Heavy Vehicle National Law (NSW) (Payments into Fund)","content":"#### 25A Authorisation for section 688 of Heavy Vehicle National Law (NSW) (Payments into Fund)\n\n25A Authorisation for section 688 of [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) (Payments into Fund)\n\n> For the purposes of section 688 of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a), an amount equal to the regulatory component of the charges payable for the registration of a heavy vehicle as prescribed by the national regulations, is authorised to be paid into the National Heavy Vehicle Regulator Fund until Chapter 2 of that Law comes into force in New South Wales.\n> \n> **s 25A:** Ins 2013 No 71, Sch 1 \\[21\\]. Am 2018 No 23, Sch 1.1 \\[1\\].","sortOrder":30},{"sectionNumber":"Part 5","sectionType":"part","heading":"Enforcement of Heavy Vehicle National Law (NSW)","content":"# Part 5 Enforcement of Heavy Vehicle National Law (NSW)\n\nPart 5 Enforcement of [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a)\n\n**pt 5:** Subst 2013 No 71, Sch 1 \\[22\\].","sortOrder":31},{"sectionNumber":"Division 1","sectionType":"division","heading":"Powers of authorised officers","content":"## Division 1 Powers of authorised officers\n\nDivision 1 Powers of authorised officers\n\n**pt 5, div 1:** Ins 2013 No 71, Sch 1 \\[22\\].","sortOrder":32},{"sectionNumber":"26","sectionType":"section","heading":null,"content":"#### 26\n\n26, 27 (Repealed)","sortOrder":33},{"sectionNumber":"27A","sectionType":"section","heading":"Exercise of powers under other law enforcement legislation","content":"#### 27A Exercise of powers under other law enforcement legislation\n\n27A Exercise of powers under other law enforcement legislation\n\n> > (1) This section applies if an authorised officer under the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) is also—\n> > \n> > > (a) an authorised officer under the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), or\n> > \n> > > (b) a police officer.\n> \n> > (2) For the avoidance of doubt, an authorised officer to whom this section applies may, on the same occasion, exercise the various powers conferred on the officer by or under law enforcement legislation as well as the powers conferred on the officer by or under this Act or the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) if the circumstances permit the exercise of both sets of powers on that occasion.\n> \n> > (3) In this section—\n> > \n> > law enforcement legislation means—\n> > \n> > > (a) the road transport legislation, or\n> > \n> > > (b) the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) or any other Act or statutory rule that confers or imposes law enforcement functions on police officers.\n> \n> **s 27A:** Ins 2013 No 71, Sch 1 \\[22\\].","sortOrder":35},{"sectionNumber":"Division 2","sectionType":"division","heading":"Offences and legal proceedings","content":"## Division 2 Offences and legal proceedings\n\nDivision 2 Offences and legal proceedings\n\n**pt 5, div 2:** Ins 2013 No 71, Sch 1 \\[22\\].","sortOrder":36},{"sectionNumber":"27B","sectionType":"section","heading":"Persons who may commence proceedings for offences","content":"#### 27B Persons who may commence proceedings for offences\n\n27B Persons who may commence proceedings for offences\n\n> Proceedings for an offence against the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) or the regulations in force for the purposes of that Law may be commenced by—\n> \n> > (a) the Regulator, or\n> \n> > (b) (Repealed)\n> \n> > (c) a person who is authorised in writing to do so either generally or in any particular case by the Regulator, or\n> \n> > (d) a police officer.\n> \n> **s 27B:** Ins 2013 No 71, Sch 1 \\[22\\]. Am 2020 No 30, Sch 4.27\\[2\\]; 2021 No 9, Sch 1\\[4\\] \\[5\\].","sortOrder":37},{"sectionNumber":"27C","sectionType":"section","heading":null,"content":"#### 27C\n\n27C, 27D (Repealed)","sortOrder":38},{"sectionNumber":"27E","sectionType":"section","heading":"Evidence of speed or vehicle dimension","content":"#### 27E Evidence of speed or vehicle dimension\n\n27E Evidence of speed or vehicle dimension\n\n> > (1) Evidence of speed or vehicle dimension obtained under the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), Part 5.3 may be given in proceedings for a speeding offence or a dimension offence against the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a), or the regulations in force for the purposes of that Law in accordance with the provisions of the Part, in the same way as for speeding offences or dimension offences against the road transport legislation.\n> > \n> > Note—\n> > \n> > The [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), Part 5.3 provides for the use of evidence obtained under the Part in connection with proceedings for speeding offences and dimension offences.\n> \n> > (2) To avoid doubt, if a heavy vehicle being towed is attached to a heavy vehicle, both vehicles are taken to be travelling at the same speed for the purposes of proceedings for a speeding offence or dimension offence involving the vehicles.\n> \n> > (3) Nothing in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), Part 5.3 or this section derogates from another mode of proof of the speed or vehicle dimension of a heavy vehicle for the purposes of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a).\n> \n> > (4) In this section—\n> > \n> > dimension offence has the same meaning as in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), Part 5.3, Division 5.\n> > \n> > speeding offence has the same meaning as in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), Part 5.3.\n> \n> **s 27E:** Ins 2013 No 71, Sch 1 \\[22\\]. Subst 2021 No 9, Sch 1\\[6\\].","sortOrder":40},{"sectionNumber":"27F","sectionType":"section","heading":"Section 10 of Crimes (Sentencing Procedure) Act 1999 not applicable in certain circumstances","content":"#### 27F Section 10 of Crimes (Sentencing Procedure) Act 1999 not applicable in certain circumstances\n\n27F Section 10 of [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) not applicable in certain circumstances\n\n> > (1) Section 10 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) does not apply if a person is charged before a court with an applicable heavy vehicle offence if, at the time of or during the period of 5 years immediately before the court’s determination in respect of the charge, that section is or has been applied to or in respect of the person in respect of a charge for another applicable heavy vehicle offence (whether of the same or a different kind).\n> \n> > (2) Each of the following is an applicable heavy vehicle offence for the purposes of subsection (1)—\n> > \n> > > (a) an offence against the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) that involves a severe risk breach of a mass, dimension or load restraint requirement under that Law,\n> > \n> > > (b) (Repealed)\n> > \n> > > (c) an offence against Chapter 6 (Vehicle operations—driver fatigue) of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a),\n> > \n> > > (d) an offence referred to in section 203 (2) (e) or (f) of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) (as in force immediately before its amendment by the [Heavy Vehicle (Adoption of National Law) Amendment Act 2013](/view/html/repealed/current/act-2013-071)) or a former corresponding offence,\n> > \n> > > (e) an offence of aiding, abetting, counselling or procuring the commission of an offence referred to in paragraph (a), (b), (c) or (d).\n> \n> > (3) In this section—\n> > \n> > former corresponding offence means an offence against a provision of an Act or statutory rule that is a former corresponding provision within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) in relation to a provision referred to in section 203 (2) (e) or (f) of that Act (as in force immediately before its amendment by the [Heavy Vehicle (Adoption of National Law) Amendment Act 2013](/view/html/repealed/current/act-2013-071)).\n> \n> **s 27F:** Ins 2013 No 71, Sch 1 \\[22\\]. Am 2018 No 23, Sch 1.1 \\[4\\].","sortOrder":41},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"# Part 6 Miscellaneous\n\nPart 6 Miscellaneous","sortOrder":42},{"sectionNumber":"28","sectionType":"section","heading":"Local regulations","content":"#### 28 Local regulations\n\n28 Local regulations\n\n> > (1) The Governor may make regulations (local regulations), not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) The power to make local regulations includes the power to make such regulations as are contemplated by the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) as being made under this Act.\n> \n> > (3) Without limitation, the local regulations may—\n> > \n> > > (a) amend Schedules 1 and 2 to insert, vary or omit modifications to the Heavy Vehicle National Law set out in the Schedule to the Queensland Act, or to the national regulations, for the purpose of altering their application in New South Wales to heavy vehicles and to persons and bodies in connection with heavy vehicles, and\n> > \n> > > (b), (c) (Repealed)\n> > \n> > > (d) provide that a provision of a law of another participating jurisdiction is to have effect (generally or in particular circumstances, and with or without modifications, as provided in the local regulations) as if the provision formed part of the Heavy Vehicle National Law set out in the Schedule to the Queensland Act or that Law as applied in a participating jurisdiction.\n> \n> > (3A) Without limiting subsection (3) (a), local regulations that amend Schedule 2 may amend that Schedule so as to insert, vary or omit modifications to any national regulations (including any national regulations that were not included in Schedule 2 when it first commenced).\n> \n> > (4) The local regulations may create offences punishable by a penalty not exceeding 100 penalty units.\n> \n> > (5) (Repealed)\n> \n> **s 28:** Am 2013 No 71, Sch 1 \\[23\\]–\\[30\\].","sortOrder":43},{"sectionNumber":"29","sectionType":"section","heading":"Proceedings for offences against this Act and the local regulations","content":"#### 29 Proceedings for offences against this Act and the local regulations\n\n29 Proceedings for offences against this Act and the local regulations\n\n> Proceedings for an offence against this Act or the local regulations are to be dealt with summarily before the Local Court.\n> \n> Note.\n> \n> Section 195 of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) enables an authorised officer to issue penalty notices for offences against this Act or the local regulations that are prescribed as a penalty notice offence by the statutory rules for the purposes of that section.\n> \n> **s 29:** Ins 2013 No 71, Sch 1 \\[31\\].","sortOrder":44},{"sectionNumber":"30","sectionType":"section","heading":"Effect of amendment, repeal or expiry of modification","content":"#### 30 Effect of amendment, repeal or expiry of modification\n\n30 Effect of amendment, repeal or expiry of modification\n\n> > (1) Part 6 of Schedule 1 to the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) applies to the amendment, repeal or expiry of a modification set out in Schedule 1 or 2 to this Act in the same way as it applies to the amendment, repeal or expiry of a provision of that Law.\n> \n> > (2) However, the repeal or expiry of a modification has the effect of reviving the modified provision to its unmodified state except to the extent (if any) that the local regulations otherwise provide, whether expressly or by implication.\n> \n> **s 30:** Ins 2013 No 71, Sch 1 \\[31\\].","sortOrder":45},{"sectionNumber":"31","sectionType":"section","heading":"Minister may enter agreement with Regulator","content":"#### 31 Minister may enter agreement with Regulator\n\n31 Minister may enter agreement with Regulator\n\n> The Minister for Transport and Roads may enter into an agreement with the Regulator in relation to a statement of expectations.\n> \n> **s 31:** Ins 2021 No 9, Sch 1\\[7\\].","sortOrder":46},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Modification of Heavy Vehicle National Law as applying in New South Wales","content":"# Schedule 1 Modification of Heavy Vehicle National Law as applying in New South Wales\n\nSchedule 1 Modification of Heavy Vehicle National Law as applying in New South Wales\n\n(Section 4 (a))\n\nNote.\n\nThe Heavy Vehicle National Law applies in this jurisdiction with the modifications set out in this Schedule.\n\n1.1 Modifications relating to registration\n\n1.2 Modifications relating to other matters\n\n**sch 1:** Subst 2013 No 71, Sch 1 \\[32\\]. Am 2014 (28), cl 3; 2016 No 27, Sch 2.20; 2017 No 63, Sch 4.21 \\[1\\]; 2018 (354), Sch 1 \\[1\\]–\\[5\\]; 2018 No 59, Sch 5.1, 5.3 \\[2\\]; 2018 No 23, Sch 1.1 \\[5\\]; 2020 No 30, Sch 4.27\\[2\\] \\[5\\] \\[6\\]; 2021 No 9, Sch 1\\[8\\]–\\[13\\]; 2025 No 48, Sch 2.6\\[1\\] \\[2\\].","sortOrder":47},{"sectionNumber":"1A","sectionType":"section","heading":"Section 2","content":"#### 1A Section 2\n\n\\[1A\\] Section 2\n\n> Omit the section. Insert instead—","sortOrder":51},{"sectionNumber":"1B","sectionType":"section","heading":"Section 5 Definitions","content":"#### 1B Section 5 Definitions\n\n\\[1B\\] Section 5 Definitions\n\n> Insert in alphabetical order—\n> \n> > hire vehicle means a hire vehicle within the meaning of the [Point to Point Transport (Taxis and Hire Vehicles) Act 2016](/view/html/inforce/current/act-2016-034) of New South Wales.\n> > \n> > Note—\n> > \n> > This definition is inserted for New South Wales.\n> > \n> > public passenger service means a public passenger service within the meaning of the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039) of New South Wales.\n> > \n> > Note—\n> > \n> > This definition is inserted for New South Wales.","sortOrder":53},{"sectionNumber":"1C","sectionType":"section","heading":"Chapter 1A, Part 1A.4","content":"#### 1C Chapter 1A, Part 1A.4\n\n\\[1C\\] Chapter 1A, Part 1A.4\n\n> Insert after Part 1A.3—","sortOrder":54},{"sectionNumber":"Part 1A","sectionType":"part","heading":"Exemptions","content":"# Part 1A Exemptions\n\nPart 1A.4 Exemptions","sortOrder":55},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Modification of national regulations as applying in New South Wales","content":"# Schedule 2 Modification of national regulations as applying in New South Wales\n\nSchedule 2 Modification of national regulations as applying in New South Wales\n\n(Section 5 (a))\n\nNote.\n\nThe national regulations referred to in this Schedule apply in this jurisdiction with the modifications set out in this Schedule.\n\n2.1 Heavy Vehicle (Vehicle Standards) National Regulation\n\n**sch 2:** Ins 2013 No 71, Sch 1 \\[32\\]. Am 2014 (762), Sch 1; 2017 No 63, Sch 4.21 \\[2\\]; 2018 (354), Sch 1 \\[6\\]; 2021 (487), Sch 7.2; 2022 (267), Sch 1.","sortOrder":87},{"sectionNumber":"Division 16","sectionType":"division","heading":"Warning lights and signs on buses carrying children","content":"## Division 16 Warning lights and signs on buses carrying children\n\nDivision 16 Warning lights and signs on buses carrying children\n\nNote—\n\nDivision 16 is omitted for New South Wales. For the use of warning lights and signs on school buses in New South Wales, see the [Road Rules 2014](/view/html/inforce/current/sl-2014-0758), rules 222–1, 222–2 and 300–4 and the [Road Transport (General) Regulation 2021](/view/html/inforce/current/sl-2021-0487), sections 17 and 18.","sortOrder":91},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 3 Savings, transitional and other provisions\n\nSchedule 3 Savings, transitional and other provisions\n\n**sch 3:** Ins 2013 No 71, Sch 1 \\[32\\]. Am 2020 No 30, Sch 4.27\\[2\\].","sortOrder":93},{"sectionNumber":"Division 3","sectionType":"division","heading":"Miscellaneous","content":"## Division 3 Miscellaneous\n\nDivision 3 Miscellaneous","sortOrder":107}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 2013 Act was a relatively focused adoption mechanism for the national law. Over 13+ years and 18+ amendments, its scope has expanded considerably — incorporating updates to the national law around fatigue management, access permits, vehicle standards, chain of responsibility obligations, and the role of the NHVR. There are also pending (uncommenced) amendments that would further adjust its interaction with passenger transport legislation, suggesting ongoing scope evolution."},"complexity_factors":["Adoption of an external 'template' law (Queensland's Heavy Vehicle National Law) by reference — meaning you must read two separate pieces of legislation together to understand the full picture","Multi-jurisdictional framework involving the Commonwealth, all states and territories, and the National Heavy Vehicle Regulator — understanding responsibilities requires knowledge of intergovernmental agreements","Extensive amendment history (18+ versions since 2013) meaning the current law looks significantly different from the original, and tracking changes requires reviewing multiple amending acts","Uncommenced amendments — at least one schedule of amendments has been passed but not yet brought into force, creating uncertainty about what the law will look like in future","The underlying national law itself is highly technical, covering mass/dimension limits, fatigue management schemes, accreditation systems, vehicle standards, and chain of responsibility — each a complex regulatory area in its own right","Chain of responsibility provisions impose obligations across the supply chain (not just drivers), requiring businesses to understand how the law applies to their specific role","Interaction with other NSW-specific transport legislation and regulations adds further layers of complexity"],"plain_english_summary":"This Act makes New South Wales adopt the national Heavy Vehicle National Law (originating in Queensland) so NSW uses the same legal regime for large trucks and buses as the rest of Australia. It puts regulation, safety obligations and enforcement for heavy vehicles under the National Heavy Vehicle Regulator, affecting drivers, operators, consignors, maintenance providers and employers.  \n\nThat harmonisation simplifies interstate operations and carries significant penalties for serious breaches; the law has been amended repeatedly since 2013."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Act transfers heavy vehicle regulation from standalone NSW road transport laws into the nationally framed Heavy Vehicle National Law as applied in NSW, while preserving and enabling NSW‑specific modifications, exemptions and transitional arrangements (see s4; s28; Schedule 1; Schedule 3). This changes who decides (national Regulator with NSW ministerial/local regulation inputs) and where compliance obligations and costs sit (operators pay nationally framed registration/fees but subject to NSW modifications and local regulations)."},"complexity_factors":["Cross‑jurisdictional incorporation: adopts an external Queensland Act (the Heavy Vehicle National Law) into NSW law and keeps it amended over time, producing ongoing dependency on another jurisdiction's instrument (s4; Schedule 1).","Local modification power: broad Governor/Regulation power to tailor national law and insert NSW modifications, including creating offences and penalties, producing many state‑specific variations (s28; Sch 1; Sch 2).","Interlocking statutory references: frequent cross‑references to multiple NSW Acts (Interpretation Act, Road Transport Act, Fines Act, WHS Act, Transport Administration Act) increase interpretive and compliance complexity (ss3,6,12,21,22).","Allocation of roles and delegations: declares TfNSW, the Local Court, police and councils to have specific national‑law roles, while leaving certain functions and ministerial powers to NSW (ss13–17; Sch 1 inserts s462A; s31).","Enforcement and prosecutorial structure: prosecutions may be commenced by the Regulator, authorised officers and police; infringement regime ties into the Fines Act with capped penalty‑notice amounts (s27B; s12(1)–(7)).","Information‑sharing and confidentiality carve‑outs: TfNSW and the Regulator may exchange confidential and personal information and use it for functional purposes, with explicit non‑liability and non‑breach clauses (s25(1)–(4)).","Use of force and search powers: authorised officers (including police) are expressly permitted to use 'reasonably necessary' force and exercise entry/search powers, creating operational discretion and legal thresholds (s23; Sch 1 [13]–[16]; [18]–[19]).","Transitional complexity: detailed savings and transitional provisions convert or preserve prior NSW accreditation schemes, authorised officers and existing prosecutions, requiring mapping of former to new provisions (Sch 3, cls 4–9).","Collective disallowance rule: a national regulation disallowed in one jurisdiction does not cease in NSW unless disallowed by a majority of participating jurisdictions, adding a multi‑jurisdictional governance layer (s8(2)).","Targeted exemptions and sectoral carve‑outs: multiple inserted exemptions (emergency services, hire vehicles, buses, accredited operators) and ministerial condition powers create patchwork compliance rules (Sch 1 inserts: cls 1C, 5, 8–12)."],"plain_english_summary":"This Act adopts the national Heavy Vehicle National Law into New South Wales as if it were an Act of this State, applies the national regulations (with NSW-specific modifications) and recognises the National Regulator, Transport for NSW, police and the Local Court in defined roles. It also permits NSW to make local regulations and carve out particular exemptions.\n\nIt affects heavy‑vehicle operators, councils, employers and service providers by moving regulatory decision‑making and compliance into the national framework while preserving NSW exemptions and transitional arrangements; costs include registration/fee charges and compliance; enforcement is by the Regulator, authorised officers and police."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as an adoption mechanism for national heavy vehicle law. While it has been amended multiple times (as evidenced by amendment notes throughout), these amendments appear to refine the adoption mechanism, update institutional references (such as changing from RTA to TfNSW), and adjust specific NSW modifications rather than expanding beyond the core purpose of implementing the national scheme."},"complexity_factors":["Legislation by reference: The Act imports an entire external law (Queensland's Heavy Vehicle National Law) and applies it as NSW law, meaning the full legal effect depends on understanding that external text which is not reproduced here","Extensive modification schedules: Schedule 1 contains 21 separate modification items and Schedule 2 contains multiple modifications, requiring cross-referencing between the base text and amendments","Nested definitions: Terms like 'national regulations', 'Heavy Vehicle National Law (NSW)', and 'Queensland Act' create a layered definitional structure (section 3)","Complex transitional provisions: Schedule 3 includes detailed savings provisions dealing with pre-existing offences, accreditations, and references to repealed legislation","Multiple interacting statutes: The Act explicitly excludes application of several other NSW Acts (section 6) while applying others conditionally, creating a complex web of applicable and inapplicable laws","Conditional logic in enforcement: Section 27F creates a 'stepped' offence regime where prior use of sentencing provisions affects future availability","Cross-border coordination mechanisms: Section 8 creates a multi-jurisdictional disallowance process where NSW parliamentary action only takes effect if matched by a majority of other states"],"plain_english_summary":"This Act is New South Wales's way of adopting a national scheme for regulating heavy vehicles (trucks, buses, and other large vehicles over 4.5 tonnes). Instead of writing its own detailed rules from scratch, NSW 'imports' the Heavy Vehicle National Law that was originally enacted in Queensland and applies it as if it were NSW law, with some local tweaks.\n\n**What it does:**\n- **Adopts national law**: The main Heavy Vehicle National Law (which covers vehicle standards, driver fatigue, mass limits, registration, and safety) automatically applies in NSW, including any future updates made in Queensland (section 4).\n- **Adopts national regulations**: Technical regulations about vehicle standards and operations also apply in NSW (section 5).\n- **NSW-specific modifications**: The Act includes two schedules of changes—Schedule 1 modifies the national law for NSW conditions (like declaring TfNSW as the road authority, specifying that Local Court judges can issue warrants, and adding special exemptions for emergency services and hire vehicles), while Schedule 2 modifies national regulations (such as special rules for bus seats and warning lights).\n- **Sets up local institutions**: It declares who does what in NSW—Transport for NSW (TfNSW) is the road authority, the Local Court handles cases, police officers are enforcement officers, and councils are local government authorities for the purposes of this law.\n- **Manages the transition**: It ensures that offences committed under old NSW laws can still be prosecuted, and existing accreditations (like safety schemes) continue under the new system.\n\n**Who it affects:**\n- Truck drivers and trucking companies operating in NSW\n- Bus operators (with special rules for school buses and hire vehicles)\n- Emergency services (who get specific exemptions from fatigue rules)\n- Local councils and road authorities\n- The National Heavy Vehicle Regulator (the national body that administers the scheme)\n\n**Why it matters:**\nThis creates consistent rules across Australian states so trucks can drive across borders without facing completely different regulations in each state. It reduces red tape for transport businesses while maintaining safety standards. The Act ensures NSW keeps some local control through 'local regulations' and specific modifications for NSW conditions."}},"importantCases":[],"_links":{"self":"/api/acts/heavy-vehicle-adoption-of-national-law-act-2013","history":"/api/acts/heavy-vehicle-adoption-of-national-law-act-2013/history","analysis":"/api/acts/heavy-vehicle-adoption-of-national-law-act-2013/analysis","conflicts":"/api/acts/heavy-vehicle-adoption-of-national-law-act-2013/conflicts","importantCases":"/api/acts/heavy-vehicle-adoption-of-national-law-act-2013/important-cases","documents":"/api/acts/heavy-vehicle-adoption-of-national-law-act-2013/documents"}}