{"id":"a-db-49155","name":"HEAVY VEHICLE NATIONAL LAW (ACT)","slug":"heavy-vehicle-national-law-act-","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":233516,"registerId":"act-heavy-vehicle-national-law-act-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Law may be cited as the Heavy Vehicle National Law.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Law commences in a participating jurisdiction as provided by\nthe Act of that jurisdiction that applies this Law as a law of that\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Object of Law","content":"3 Object of Law\nThe object of this Law is to establish a national scheme for facilitating\nand regulating the use of heavy vehicles on roads in a way that—\n(a) promotes public safety; and\n(b) manages the impact of heavy vehicles on the environment, road\ninfrastructure and public amenity; and\n(c) promotes industry productivity and efficiency in the road\ntransport of goods and passengers by heavy vehicles; and\n(d) encourages and promotes productive, efficient, innovative and\nsafe business practices.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Regulatory framework to achieve object","content":"4 Regulatory framework to achieve object\nThe object of this Law is to be achieved by a regulatory framework\n(a) establishes an entity (the National Heavy Vehicle Regulator)\nwith functions directed at ensuring the object is achieved; and\n(b) provides for a database of heavy vehicles; and\n\nIntroductory matters Part 1.1\n(c) prescribes requirements about the following—\n(i) the standards heavy vehicles must meet when on roads;\n(ii) the maximum permissible mass and dimensions of heavy\nvehicles used on roads;\n(iii) securing and restraining loads on heavy vehicles used on\nroads;\n(iv) preventing drivers of heavy vehicles exceeding speed\nlimits;\n(v) preventing drivers of heavy vehicles from driving while\nfatigued; and\n(d) imposes duties and obligations directed at ensuring heavy\nvehicles and drivers of heavy vehicles comply with\nrequirements mentioned in paragraph (c)(i) to (v) on persons\nwhose activities may influence whether the vehicles or drivers\ncomply with the requirements; and\n(e) includes measures directed at the matters mentioned in\nsection 3(c) and (d) by allowing improved access to roads in\ncertain circumstances, including by—\n(i) allowing heavy vehicles, that would otherwise be\nprevented from being used on roads, access to the roads\nthrough exemptions or authorisations granted in\ncircumstances in which the matters mentioned in\nsection 3(a) and (b) will not be compromised; and\n(ii) providing for accreditation schemes allowing operators of\nheavy vehicles who adopt best practices directed at the\nmatters mentioned in section 3 to be subject to alternative\nrequirements more suited to the operators’ business\noperations.\n\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"5 Definitions\n100km work, for the purposes of Chapter 6, has the meaning given\nby section 289(1).\n100+km work, for the purposes of Chapter 6, has the meaning given\nby section 289(2).\naccreditation certificate means—\n(a) for a heavy vehicle accreditation granted under this Law—the\naccreditation certificate given for the accreditation under\nsection 464; or\n(b) for a heavy vehicle accreditation granted under another law of a\nparticipating jurisdiction—the certificate of accreditation\n(however called) issued for the accreditation under that law.\nADR means—\n(a) a third edition ADR; or\n(b) a second edition ADR.\nadvice purposes means providing advice, information and education\nto persons with duties or obligations under this Law about compliance\nwith the duties or obligations.\nAFM accreditation means—\n(a) AFM accreditation granted under section 458; or\nAFM fatigue management system, for the purposes of Chapters 6\nand 8, has the meaning given by section 457.\n\nAFM hours, for the purposes of Chapters 6 and 8, has the meaning\ngiven by section 257.\nAFM standards and business rules, for the purposes of Chapter 8,\nagricultural implement means a vehicle without its own automotive\npower, built to perform agricultural tasks, and includes an agricultural\ntrailer.\n• auger\n• conveyor\n• field bin\n• harvester front\n• irrigating equipment or machinery\nagricultural machine means a vehicle with its own automotive\npower, built to perform agricultural tasks.\nharvester, tractor\nagricultural task means a task carried out in agriculture.\nExamples of an agricultural task—\n• cultivating land\n• growing and harvesting crops\n• rearing livestock\nagricultural trailer means a trailer that is designed to carry a load and\nused exclusively to perform agricultural tasks, but does not include a\nsemitrailer.\nagricultural vehicle means an agricultural implement or agricultural\nmachine.\nApplication Act, of this jurisdiction, means the Act of this jurisdiction\nby which this Law applies as a law of this jurisdiction.\n\nappropriately qualified, for a function, includes having the\nqualifications, experience or standing appropriate to exercise the\nfunction.\nExample of standing—\na person’s classification level or position in the public service or a government\nagency of a participating jurisdiction\napproved, by the responsible Ministers, for the purposes of Chapter 8,\napproved auditor, for the purposes of Chapter 8, has the meaning\ngiven by section 457.\napproved electronic recording system has the meaning given by\napproved form means a form approved by the Regulator under\nsection 735.\napproved guidelines means guidelines approved by the responsible\nMinisters under section 653.\napproved intelligent transport system has the meaning given by\napproved sleeper berth, for the purposes of Chapter 6, has the\napproved vehicle examiner means a person approved as a vehicle\nexaminer under the national regulations (as referred to in\nsection 731).\narticulated bus means a bus with 2 or more rigid sections connected\nto one another in a way that allows—\n(a) passenger access between the sections; and\n(b) rotary movement between the sections.\nAS means an Australian standard made or published by Standards\n\nassociate, of a person, means—\n(a) if the person is an individual—\n(i) the individual’s spouse or de facto partner; or\n(ii) a relative of the individual, whether by blood, spousal\nrelationship or adoption; or\n(iii) an employee of the individual; or\n(iv) an employee of a corporation of which the individual is an\nexecutive officer; or\n(v) a partner of the individual; or\n(vi) a corporation of which the individual is an executive\nofficer; or\n(vii) a corporation in which the individual holds a controlling\ninterest; or\n(viii) a person who is a trustee of a trust of which the individual\nis a trustee or beneficiary; or\n(ix) a person who is a beneficiary of a trust of which the\nindividual is a trustee or beneficiary; or\n(x) a person who is accustomed or under an obligation,\nwhether formal or informal, to act in accordance with the\ndirections, instructions or wishes of the individual; or\n(xi) a person who is an associate of someone who is an\nassociate of the individual; or\n(b) if the person is a corporation—\n(i) an executive officer of the corporation; or\n(ii) an associate of an executive officer of the corporation; or\n(iii) an employee of the corporation; or\n\n(iv) a person who holds a controlling interest in the corporation;\nor\n(v) a related body corporate, within the meaning of the\nCorporations Act 2001 of the Commonwealth, of the\ncorporation; or\n(vi) a person who is an associate of someone who is an\nassociate of the corporation.\nATM (aggregate trailer mass), of a heavy trailer, means the total\nmaximum mass of the trailer, as stated by the manufacturer, together\nwith its load and the mass imposed on the towing vehicle by the trailer\nwhen the towing vehicle and trailer are on a horizontal surface.\nAustralian Accounting Standards means Accounting Standards\nissued by the Australian Accounting Standards Board.\nAustralian road law means—\n(a) this Law; or\n(b) another law of a State or Territory that regulates the use of\nvehicles on roads.\nauthorised officer means—\n(a) a police officer declared by a law of a participating jurisdiction\nto be an authorised officer for the purposes of this Law; or\n(b) a person who holds office under this Law as an authorised\nauthorised use, for the purposes of Part 13.4, has the meaning given\nby section 727.\nauthorised warrant official, for a participating jurisdiction, means an\nentity that is declared by a law of that jurisdiction to be an authorised\nwarrant official for that jurisdiction for the purposes of this Law.\naxle means 1 or more shafts positioned in a line across a vehicle, on\nwhich 1 or more wheels intended to support the vehicle turn.\n\naxle group means a tandem axle group, twinsteer axle group, tri-axle\ngroup or quad-axle group.\nbase, of the driver of a heavy vehicle—\n1 The base of the driver of a heavy vehicle, in relation to particular\nwork—\n(a) is the place from which the driver normally does the work; but\n(b) is, for the purposes of Chapter 6, the garage address of the\nvehicle if—\n(i) the vehicle is a fatigue-regulated heavy vehicle; and\n(ii) the driver is required under Part 6.4, in relation to that\nparticular work, to keep a work diary and to record the\nlocation of the driver’s base in the work diary, and has not\ndone so.\nThe driver of a fatigue-regulated heavy vehicle may not be required\nunder Part 6.4, in relation to particular work, to keep a work diary\nand to record the location of the driver’s base in the work diary, if,\nfor example—\n• the driver is undertaking 100km work under standard hours\n• the driver is working under a work diary exemption\n2 For a driver who is a self-employed driver and an employed driver at\ndifferent times, the driver may have one base as a self-employed\ndriver under paragraph 1 and another base as an employed driver\nunder that paragraph.\n3 For a driver who has 2 or more employers, the driver may have a\ndifferent base in relation to each employer under paragraph 1.\n\nB-double means a combination consisting of a prime mover towing 2\nsemitrailers, with the first semitrailer being attached directly to the\nprime mover by a fifth wheel coupling and the second semitrailer\nbeing mounted on the rear of the first semitrailer by a fifth wheel\ncoupling on the first semitrailer.\nB-triple means a combination consisting of a prime mover towing 3\nsemitrailers, with—\n(a) the first semitrailer being attached directly to the prime mover\nby a fifth wheel coupling; and\n(b) the second semitrailer being mounted on the rear of the first\nsemitrailer by a fifth wheel coupling on the first semitrailer;\nand\n(c) the third semitrailer being mounted on the rear of the second\nsemitrailer by a fifth wheel coupling on the second semitrailer.\nTypical B-triple\nBFM accreditation means—\n(a) BFM accreditation granted under section 458; or\n\nBFM fatigue management system, for the purposes of Chapter 8, has\nthe meaning given by section 457.\nBFM hours, for the purposes of Chapters 6 and 8, has the meaning\ngiven by section 253.\nBFM standards and business rules, for the purposes of Chapter 8,\nBoard means the National Heavy Vehicle Regulator Board\nestablished under section 662.\nbody of fatigue knowledge means any accreditation scheme,\nscientific knowledge, expert opinion, guidelines, standards or other\nknowledge about preventing or managing exposure to risks to safety\neither on a road or in a workplace, arising from fatigue.\nbus means a heavy motor vehicle built or fitted to carry more than 9\nadults (including the driver).\nbusiness practices, of a person, means the person’s practices in\nrunning a business associated with the use of a heavy vehicle on a\nroad, including—\n(a) the operating policies and procedures of the business; and\n(b) the human resource and contract management arrangements of\nthe business; and\n(c) the arrangements for preventing or minimising public risks\nassociated with the person’s practices.\ncancel, for the purposes of Chapter 6 in relation to an unused daily\nsheet in a written work diary, has the meaning given by section 221.\ncategory, of heavy vehicles, see section 15.\ncause, a thing, includes—\n(a) contribute to causing the thing; and\n(b) encourage the thing.\n\ncentre-line, of an axle, means—\n(a) for an axle consisting of 1 shaft—a line parallel to the length of\nthe axle and passing through its centre; and\n(b) for an axle consisting of 2 shafts—a line in the vertical plane\npassing through—\n(i) the centre of both shafts; and\n(ii) the centres of the wheels on the shafts.\nclass 1 heavy vehicle has the meaning given by section 116(1)\nand (2).\nclass 2 heavy vehicle has the meaning given by section 136.\nclass 2 heavy vehicle authorisation means—\n(a) a class 2 heavy vehicle authorisation (notice); or\n(b) a class 2 heavy vehicle authorisation (permit).\nclass 2 heavy vehicle authorisation (notice) has the meaning given\nby section 138(2).\nclass 2 heavy vehicle authorisation (permit) has the meaning given\nby section 143(2).\nclass 3 heavy vehicle has the meaning given by section 116(3).\ncombination means a group of vehicles consisting of a motor vehicle\ntowing 1 or more other vehicles.\nCommonwealth Gazette means the Commonwealth of Australia\nGazette.\nCommonwealth Gazette notice means notice published in the\nCommonwealth Gazette.\nCommonwealth responsible Minister means the Commonwealth\nMinister nominated by the Commonwealth as the responsible\nMinister for the Commonwealth for the purposes of this Law.\n\ncompensation order has the meaning given by section 611(1).\ncomplaint, for an offence, means a complaint, charge, notice or other\nprocess that starts a proceeding for the offence.\ncompliance purposes means—\n(a) monitoring purposes; or\n(b) investigation purposes.\ncomplying container weight declaration has the meaning given by\nsection 189.\ncomponent, of a heavy vehicle that is a combination, means—\n(a) other than in Part 3.3, a component vehicle of the combination;\nor\n(b) a component of any component vehicle of the combination.\ncomponent vehicle, of a heavy combination, means the towing\nvehicle or another vehicle in the combination.\ncondition includes a restriction.\nconduct means an act, an omission to perform an act, or a state of\naffairs.\nconsent includes an approval or concurrence.\nconsign and consignor—\nA person consigns goods, and is a consignor of goods, for road\ntransport using a heavy vehicle, if—\n(a) the person has consented to being, and is, named or otherwise\nidentified as a consignor of the goods in the transport\ndocumentation relating to the road transport of the goods; or\n(b) the person engages an operator of the vehicle, either directly or\nindirectly or through an agent or other intermediary, to transport\nthe goods by road; or\n\n(c) if paragraphs (a) and (b) do not apply—the person has\npossession of, or control over, the goods immediately before the\ngoods are transported by road.\nconsignee, of goods—\n(a) means a person who—\n(i) has consented to being, and is, named or otherwise\nidentified as the intended consignee of the goods in the\ntransport documentation relating to the road transport of\nthe goods; or\n(ii) actually receives the goods after completion of their road\ntransport; but\n(b) does not include a person who merely unloads the goods.\ncontainer weight declaration—\n(a) means a written declaration, whether contained in 1 or more\ndocuments, stating or purporting to state the weight of a freight\ncontainer and its contents; and\nan email, a placard fixed to the container\n(b) includes a copy of a declaration mentioned in paragraph (a).\ncontract includes an agreement.\nconverter dolly means a pig trailer with a fifth wheel coupling\ndesigned to convert a semitrailer into a dog trailer.\n\nconvict, a person of an offence, has the meaning given by\nsection 9(1).\nconvicted, of an offence, has the meaning given by section 9(2).\nconvicted person—\n(a) for the purposes of Division 5 of Part 10.3, has the meaning\ngiven by section 599(a); or\n(b) for the purposes of Division 6 of Part 10.3, has the meaning\ngiven by section 606(a).\ncorporation includes a body politic or corporate.\ncorresponding fatigue law, for the purposes of Chapter 6, has the\ncritical risk breach, for a maximum work requirement or minimum\nrest requirement, has the meaning given by section 222(4).\ndaily sheet, for a written work diary, for the purposes of Chapter 6,\nhas the meaning given by section 338(2)(b).\ndatabase of heavy vehicles means the database of heavy vehicles kept\nunder section 686A.\ndaytime means the period of a day between sunrise and sunset.\nde facto partner, of a person, means a person (whether of the same\ngender or a different gender) who is in a de facto relationship, within\nthe meaning given by section 2F of the Acts Interpretation Act 1901\nof the Commonwealth, with the person.\ndefective heavy vehicle, for the purposes of Division 6 of Part 9.3,\nhas the meaning given by section 525.\ndefective vehicle label, for the purposes of Division 6 of Part 9.3, has\nthe meaning given by section 525.\ndefendant, for a proceeding for an offence, means the person charged\nwith the offence (whether called the defendant or the accused).\n\ndeficiency, for the purposes of Division 3 of Part 10.4, has the\nmeaning given by section 626.\ndimension requirement means—\n(a) a prescribed dimension requirement (under section 101); or\n(b) a requirement as to a dimension limit relating to a heavy vehicle\nunder a condition to which a mass or dimension authority is\nsubject (where the dimension limit is more restrictive than the\nrelevant prescribed dimension requirement); or\n(c) a requirement as to a dimension limit under a PBS vehicle\napproval; or\n(d) a requirement as to a dimension limit indicated by an official\ntraffic sign; or\nSee the definitions indicated and official traffic sign.\n(e) a requirement as to a dimension limit for a component vehicle\nas prescribed by a heavy vehicle standard.\ndrive, a vehicle or combination, includes—\n(a) be in control of the steering, movement or propulsion of the\nvehicle or combination; and\n(b) for a trailer—drive a vehicle towing the trailer.\ndriver, of a vehicle or combination—\n(a) means the person driving the vehicle or combination; and\n(b) includes—\n(i) a person accompanying the person driving the vehicle or\ncombination on a journey or part of a journey, who has\nbeen, is or will be sharing the task of driving the vehicle or\ncombination during the journey or part; and\n\n(ii) a person who is driving the vehicle or combination as a\ndriver under instruction or under an appropriate learner\nlicence or learner permit; and\n(iii) where the driver is a driver under instruction, the holder of\na driver licence occupying the seat in the vehicle or\ncombination next to the driver.\ndriver fatigue compliance function, for the purposes of Part 13.4,\nhas the meaning given by section 727(1).\ndriver fatigue provision, for the purposes of Part 13.4, has the\nmeaning given by section 727(1).\ndriver licence means—\n(a) a driver licence issued under a law of a State or Territory that\nregulates the use of vehicles on roads; or\n(b) a licence, permit or other authorisation to drive a motor vehicle\nissued under a law of another country if a law mentioned in\nparagraph (a) exempts the holder of the licence, permit or other\nauthorisation from the requirement to hold a driver licence under\nthat law to drive a motor vehicle.\nelectronic recording system has the meaning given by section 221.\nelectronic recording system approval means an approval of an\nelectronic recording system under Division 7 of Part 6.4.\nelectronic work diary has the meaning given by section 221.\nelectronic work diary authorised use, for the purposes of Part 13.4,\nhas the meaning given by section 727(1).\nelectronic work diary information, for the purposes of Part 13.4, has\nthe meaning given by section 727(1).\nelectronic work diary protected information, for the purposes of\n","sortOrder":4},{"sectionNumber":"Part 13","sectionType":"part","heading":"4, has the meaning given by section 727(1).","content":"Part 13.4, has the meaning given by section 727(1).\nembargo notice has the meaning given by section 557(2).\n\nembargoed thing means a thing the subject of an embargo notice.\nemployed driver, of a heavy vehicle, means a person who is employed\nby someone else to drive the vehicle.\nemployee means an individual who is employed by someone else.\nemployer means a person who employs someone else.\nencourage includes give an incentive.\nentity includes a person, an unincorporated partnership and an\nunincorporated body.\nentry, in a work record, for the purposes of Chapter 6, has the\nequipment, in relation to a heavy vehicle, includes tools, devices and\naccessories in the vehicle.\nescort vehicle means a pilot vehicle that is driven by a police officer\nor another person authorised to direct traffic under an Australian road\nlaw.\nexamine includes analyse, test, account, measure, weigh, grade,\ngauge or identify.\nexecutive officer, of a corporation, means—\n(a) a director of the corporation; or\n(b) any person, by whatever name called and whether or not the\nperson is a director of the corporation, who is concerned or takes\npart in the management of the corporation.\nexemption hours, for the purposes of Chapter 6, has the meaning\ngiven by section 259.\nexercise, for a function, includes perform.\n\nextract, of a document, device or other thing, means a copy of any\ninformation contained in the document, device or other thing.\nfalse or misleading means false or misleading in a material particular.\nfatigue has the meaning given by section 223.\nfatigue record keeping exemption means—\n(a) a fatigue record keeping exemption (notice); or\n(b) a fatigue record keeping exemption (permit).\nfatigue record keeping exemption (notice) has the meaning given by\nsection 378.\nfatigue record keeping exemption (permit) has the meaning given by\nsection 383.\nfatigue-regulated bus means a heavy motor vehicle built or fitted to\ncarry more than 12 adults (including the driver).\nA fatigue-regulated bus is a bus that weighs more than 4.5t for the\npurposes of being regulated under this Law.\nfatigue-regulated heavy vehicle has the meaning given by section 7.\nfifth wheel coupling means a device (other than an upper rotating\nelement and a kingpin) used with a prime mover, semitrailer or\nconverter dolly to—\n(a) permit quick coupling and uncoupling; and\n(b) provide for articulation.\nfilm, a thing, includes—\n(a) photograph or videotape the thing; and\n(b) record an image of the thing in another way.\n\nfit, to drive a heavy vehicle, or to start or stop its engine, for a person,\nmeans the person—\n(a) is apparently physically and mentally fit to drive the vehicle, or\nstart or stop its engine; and\n(b) is not apparently affected by either or both of the following—\n(i) alcohol;\n(ii) a drug that affects a person’s ability to drive a vehicle; and\n(c) is not found to have an alcohol concentration in the person’s\nblood or breath exceeding the amount permitted, under an\nAustralian road law of this jurisdiction, for the driver of a heavy\n(d) is not found to be under the influence of a drug or to have present\nin the person’s blood or saliva a drug that the driver of a heavy\nvehicle is not permitted to have present in the driver’s blood or\nsaliva under an Australian road law of this jurisdiction.\nfreight container means—\n(a) a re-usable container of the kind mentioned in AS 3711.1 that is\ndesigned for repeated use for transporting goods; or\nAS 3711.1 may be purchased from Standards Australia at\n<www.standards.org.au>.\n(b) a re-usable container of the same or a similar design and\nconstruction to a container mentioned in paragraph (a) though\nof different dimensions.\nFund means the National Heavy Vehicle Regulator Fund established\nunder section 687.\ngarage address, of a heavy vehicle, means—\n(a) for a heavy vehicle normally kept at a depot when not in use—\nthe principal depot of the vehicle; or\n\n(b) for a heavy vehicle not normally kept at a depot when not in\nuse—the address of the place of business or residence at which\nthe vehicle is normally kept when not in use.\nGCM (gross combination mass), of a motor vehicle, means the total\nmaximum loaded mass of the motor vehicle and any vehicles it may\nlawfully tow at any given time—\n(a) if the registration authority has specified the total maximum\nloaded mass of the motor vehicle and any vehicles it may\nlawfully tow at any given time—specified by the registration\n(b) otherwise—stated by the motor vehicle’s manufacturer.\ngoods—\n(a) includes—\n(i) animals (whether alive or dead); and\n(ii) a container (whether empty or not); but\n(b) does not include—\n(i) people; or\n(ii) fuel, water, lubricants and readily removable equipment\nrequired for the normal use of the vehicle or combination\nin which they are carried; or\n(iii) personal items used by the driver of the vehicle or\ncombination, or someone else necessary for the normal use\nof the vehicle, in which they are carried.\nGVM (gross vehicle mass), of a vehicle, means the maximum loaded\nmass of the vehicle—\n(a) if the registration authority has specified the vehicle’s maximum\nloaded mass—specified by the registration authority; or\n(b) otherwise—stated by the vehicle’s manufacturer.\n\nhauling unit means a motor vehicle that forms part of a combination,\nbut does not include a prime mover.\nheavy combination means a combination that is a heavy vehicle.\nheavy motor vehicle means a motor vehicle that is a heavy vehicle.\nheavy trailer means a trailer that is a heavy vehicle.\nheavy vehicle has the meaning given by section 6.\nheavy vehicle accreditation means—\n(a) AFM accreditation; or\n(b) BFM accreditation; or\n(c) maintenance management accreditation; or\n(d) mass management accreditation.\nheavy vehicle standards has the meaning given by section 59.\nhigher mass limits, for the purposes of Chapter 7, has the meaning\ngiven by section 403.\nHML authority, for the purposes of Chapter 7, has the meaning given\nby section 403.\nhome address means—\n(a) for an individual—the individual’s residential address in\nAustralia; or\n(b) for a body corporate with a registered office in Australia—the\naddress of the registered office; or\n(c) for another person—the address of the person’s principal or only\nplace of business in Australia.\nidentification details, for the purposes of Division 6 of Part 9.3, has\nthe meaning given by section 525.\n\nidentification plate means a plate approved to be placed on a vehicle, or\ntaken to have been placed on a vehicle, under the Motor Vehicle\nStandards Act 1989.\nimpaired by fatigue has the meaning given by section 225.\nimprovement notice has the meaning given by section 572(2).\nin, a vehicle, includes on the vehicle.\nindicated, by an official traffic sign, includes—\n(a) indicated by way of a direction on an official traffic sign; and\n(b) indicated by way of a direction, indication or requirement that,\nunder a law, is prescribed as being given or imposed, because of\nan official traffic sign.\nindictable offence means an offence mentioned in section 26F.\ninformation includes—\n(a) information in the form of a printed document; and\nSee the definitions printed and document in section 12 of Schedule 1.\n(b) information stored electronically.\ninformation notice, for a decision, means a notice stating the\n(a) the decision;\n(b) the reasons for the decision;\n(c) the review and appeal information for the decision.\ninfringement notice means—\n(a) an infringement notice issued under section 591; or\n(b) an infringement notice, expiation notice, penalty notice or\nsimilar notice under the Infringement Notice Offences Law.\n\nInfringement Notice Offences Law, for a participating jurisdiction,\nmeans the law that is declared by a law of that jurisdiction to be the\nInfringement Notice Offences Law for the purposes of this Law.\ninspect, a thing, includes—\n(a) open the thing and examine its contents; and\n(b) test the thing or its contents or both.\nintelligent access program agreement, for the purposes of Chapter 7,\nhas the meaning given by section 403.\nintelligent access program audit, for the purposes of Chapter 7, has\nthe meaning given by section 403.\nintelligent access program auditor means a person engaged by TCA\nfor auditing activities conducted by intelligent access program service\nproviders.\nintelligent access program conditions has the meaning given by\nsection 402.\nintelligent access program information, for the purposes of\nChapter 7, has the meaning given by section 403.\nintelligent access map means the spatial data set in electronic form,\nissued by TCA from time to time, that defines the national public road\nintelligent access program reporting entity, for the purposes of\nChapter 6, has the meaning given by section 221.\nintelligent access program service provider has the meaning given\nby section 403.\nintelligent access program vehicle, for the purposes of Chapter 7, has\nthe meaning given by section 403.\n\nintelligent transport system means a system involving the use of\nelectronic or other technology, whether located in a heavy vehicle or\non or near a road or elsewhere, that is able to monitor, generate,\nrecord, store, display, analyse, transmit or report information about—\n(a) any or all of the following—\n(i) a heavy vehicle, its equipment or load;\n(ii) the driver of a heavy vehicle;\n(iii) an operator of a heavy vehicle;\n(iv) anyone else involved in road transport using a heavy\n(b) without limiting paragraph (a), the compliance or\nnoncompliance with this Law of the use of a heavy vehicle on a\ninvestigation purposes means investigating a contravention or\nsuspected contravention of this Law.\njourney documentation—\n(a) means a document, other than transport documentation, in any\nform—\n(i) directly or indirectly associated with—\n(A) a transaction for the actual or proposed road transport\nof goods or passengers using a heavy vehicle, or for a\nprevious transport of the goods or passengers by any\ntransport method; or\n(B) goods or passengers, to the extent the document is\nrelevant to a transaction for their actual or proposed\nroad transport; and\n(ii) whether relating to a particular journey or to journeys\ngenerally; and\n\n(b) includes, for example, any or all of the following—\n(i) a document kept, used or obtained by a responsible person\nfor a heavy vehicle in connection with the transport of\ngoods or passengers;\n(ii) a workshop, maintenance or repair record relating to a\nheavy vehicle used, or claimed to be used, for transporting\ngoods or passengers;\n(iii) a subcontractor’s payment advice relating to goods or\npassengers or their transport;\n(iv) records kept, used or obtained by the driver of a heavy\nvehicle used, or claimed to be used, for transporting goods\nor passengers;\n• driver’s run sheet\n• work diary entry\n• fuel docket or receipt\n• food receipt\n• tollway receipt\n• pay record\n• mobile or other telephone record\n(v) information reported through the use of an intelligent transport\nsystem;\n(vi) a driver manual or instruction sheet;\n(vii) an advice resulting from check weighing of a heavy vehicle’s\nmass or load performed before, during or after a journey.\n\nlaw enforcement agency means an agency that has functions or\nactivities directed at the prevention, detection, investigation,\nprosecution or punishment of offences and other contraventions of a\nlaw for which penalties or sanctions may be imposed.\nlaw enforcement purposes, for the purposes of Chapter 7, has the\nload, of a heavy vehicle or in a heavy vehicle, means—\n(a) all the goods, passengers, drivers and other persons in the\n(b) all fuel, water, lubricants and readily removable equipment\ncarried in the vehicle and required for its normal use; and\n(c) personal items used by the vehicle’s driver or someone else\nnecessary for the normal use of the vehicle; and\n(d) anything that is normally removed from the vehicle when not in\nuse.\nload, when used as a verb, and loader—\nA person loads goods in a heavy vehicle, and is a loader of goods in\na heavy vehicle, if the person is a person who—\n(a) loads the vehicle, or any container that is in or part of the vehicle,\nwith the goods for road transport; or\n(b) loads the vehicle with a freight container, whether or not it\ncontains goods, for road transport.\nloaded mass, of a vehicle, means the vehicle’s mass together with the\nmass of the vehicle’s load that is transmitted to the ground.\n\nloading manager, for goods in a heavy vehicle, means—\n(a) a person who manages, or is responsible for the operation of,\nregular loading or unloading premises for heavy vehicles where\nthe goods are—\n(i) loaded onto the heavy vehicle; or\n(ii) unloaded from the heavy vehicle; or\n(b) a person who has been assigned by a person mentioned in\nparagraph (a) as responsible for supervising, managing or\ncontrolling, directly or indirectly, activities carried out by a\nloader or unloader of goods at regular loading or unloading\npremises for heavy vehicles.\nloading requirements has the meaning given by section 110.\nlocal government authority, for a participating jurisdiction, means an\nentity that is declared by a law of that jurisdiction to be a local\ngovernment authority for that jurisdiction for the purposes of this\nLaw.\nmaintenance management accreditation means—\n(a) maintenance management accreditation granted under\nsection 458; or\nmaintenance management standards and business rules, for the\npurposes of Chapter 8, has the meaning given by section 457.\nmaintenance management system, for the purposes of Chapter 8, has\nthe meaning given by section 457.\nmajor defect notice means a notice complying with the requirements\nfor a major defect notice under section 527.\nmajor rest break, for the purposes of Chapter 6, has the meaning\n\nmalfunction—\n(a) for the purposes of Chapter 6, has the meaning given by\nsection 221; and\n(b) for the purposes of Chapter 7, has the meaning given by\nmanagement member, of an unincorporated body, means—\n(a) if the body has a management committee—each member of the\nmanagement committee; or\n(b) otherwise—each member who is concerned with, or takes part\nin, the body’s management, whatever name is given to the\nmember’s position in the body.\nmass, dimension or loading requirement means a mass requirement,\ndimension requirement or loading requirement.\nmass management accreditation means—\n(a) mass management accreditation granted under section 458; or\nmass management standards and business rules, for the purposes of\nChapter 8, has the meaning given by section 457.\nmass management system, for the purposes of Chapter 8, has the\nmeaning given by section 457.\nmass or dimension authority means—\n(a) a mass or dimension exemption; or\n(b) a class 2 heavy vehicle authorisation.\nmass or dimension exemption means—\n(a) a mass or dimension exemption (notice); or\n(b) a mass or dimension exemption (permit).\n\nmass or dimension exemption (notice) has the meaning given by\nsection 117(2).\nmass or dimension exemption (permit) has the meaning given by\nsection 122(3).\nmass requirement means—\n(a) a prescribed mass requirement (under section 95); or\n(b) a requirement as to a mass limit relating to a heavy vehicle under\na condition to which a mass or dimension authority is subject\n(where the mass limit is lower than the relevant prescribed mass\nrequirement); or\n(c) a requirement as to a mass limit under a PBS vehicle approval;\nor\n(d) a requirement as to a mass limit indicated by an official traffic\nsign; or\nSee the definitions indicated and official traffic sign.\n(e) a requirement as to a mass limit under the GVM or GCM for a\nheavy vehicle; or\n(f) a requirement as to a mass limit for a component vehicle as\nstated by the manufacturer or as prescribed by a heavy vehicle\nstandard.\nmaximum work requirement means a requirement of Chapter 6\nrelating to a maximum work time for the driver of a fatigue-regulated\nmaximum work time means the maximum time the driver of a\nfatigue-regulated heavy vehicle may drive a fatigue-regulated heavy\nvehicle, or otherwise work, without taking a rest.\n\nminimum rest requirement means a requirement of Chapter 6\nrelating to the minimum rest time for the driver of a fatigue-regulated\nminimum rest time means the minimum time the driver of a fatigue-\nregulated heavy vehicle must rest in order to break up the period of\ntime the driver drives a fatigue-regulated heavy vehicle or otherwise\nworks.\nminor defect notice means a notice complying with the requirements\nfor a minor defect notice under section 527.\nminor risk breach—\n(a) for a mass requirement—has the meaning given by section 98;\nor\n(b) for a dimension requirement—has the meaning given by\nsection 105; or\nsection 112; or\nrequirement—has the meaning given by section 222(1).\nmodification, for the purposes of Part 3.3, has the meaning given by\nsection 84.\nmonitoring purposes means finding out whether this Law is being\ncomplied with.\nmotor vehicle means a vehicle built to be propelled by a motor that\nforms part of the vehicle.\nMotor Vehicle Standards Act 1989 means the repealed Motor Vehicle\nStandards Act 1989 of the Commonwealth as in force before its repeal.\nnational regulations means the regulations made under section 730.\n\nNational Transport Commission means the National Transport\nCommission established by the National Transport Commission Act\n2003 of the Commonwealth.\nnight means the period between sunset on a day and sunrise on the\nnext day.\nnight rest break means—\n(a) 7 continuous hours stationary rest time between 10p.m. on a day\nand 8a.m. on the next day; or\nUnder sections 248 and 303, the time must be based on the time\nzone of the driver's base for drivers on a journey in a different time\nzone to the driver's base.\n(b) 24 continuous hours stationary rest time.\nnight work time, for the purposes of Chapter 6, has the meaning given\nby section 221.\nnoncompliance report, for the purposes of Chapter 7, has the\nnon-participating jurisdiction, for the purposes of Chapter 6, has the\n(a) means written notice; and\n(b) for the purposes of Division 5B of Part 9.4, has the meaning\ngiven by section 576D.\noccupier, of a place, includes the following—\n(a) if there is more than 1 person who apparently occupies the\nplace—any 1 of the persons;\n(b) any person at the place who is apparently acting with the\nauthority of a person who apparently occupies the place;\n\n(c) if no-one apparently occupies the place—any person who is an\nowner of the place.\nofficial means any of the following persons exercising a function\nunder this Law—\n(a) the Regulator;\n(b) a road authority;\n(c) an authorised officer.\nofficial traffic sign means a sign or device erected or placed, under a\nlaw, by a public authority (including, for example, a police force or\npolice service) to regulate traffic.\noperate and operator—\nA person operates a vehicle or combination, and is an operator of the\nvehicle or combination, if the person is responsible for controlling or\ndirecting the use of—\n(a) for a vehicle (including a vehicle in a combination)—the\n(b) for a combination—the towing vehicle in the combination.\noversize vehicle means a heavy vehicle that does not comply with a\ndimension requirement applying to it.\nowner—\n(a) of a vehicle means—\n(i) each person who is an owner, joint owner or part owner of\nthe vehicle; or\n(ii) a person who has the use or control of the vehicle under a\ncredit agreement, hiring agreement, hire-purchase\nagreement or leasing arrangement; or\n\n(b) of a combination means—\n(i) each person who is an owner, joint owner or part owner of\nthe towing vehicle in the combination; or\n(ii) a person who has the use or control of the towing vehicle\nin the combination under a credit agreement, hiring\nagreement, hire-purchase agreement or leasing\narrangement; or\n(c) of a sample means an owner of the sample or the thing from\nwhich it was taken.\npack and packer—\nA person packs goods, and is a packer of goods, if the person—\n(a) puts the goods in packaging, even if that packaging is already on\na vehicle; or\nExample for the purposes of paragraph (a)—\nA person who uses a hose to fill the tank of a tank vehicle with petrol packs the\npetrol for transport.\n(b) assembles the goods as packaged goods in an outer packaging,\neven if that packaging is already on a vehicle; or\n(c) supervises an activity mentioned in paragraph (a) or (b); or\n(d) manages or controls an activity mentioned in paragraph (a), (b)\nor (c).\npackaging, in relation to goods, means anything that contains, holds,\nprotects or encloses the goods, whether directly or indirectly, to\nenable them to be received or held for transport, or to be transported.\nIt may be that a container constitutes the whole of the packaging of goods,\nas in the case of a drum in which goods are directly placed.\n\nparticipating jurisdiction—\n(a) for the purposes of this Law other than Chapter 6—means a\nState or Territory in which—\n(i) this Law applies as a law of the State or Territory; or\n(ii) a law that substantially corresponds to the provisions of\nthis Law has been enacted; or\n(iii) a law prescribed by the national regulations for the\npurposes of this subparagraph has been enacted; or\n(b) for the purposes of Chapter 6—has the meaning given by section\n221.\nparty in the chain of responsibility, for a heavy vehicle, means each\nof the following persons—\n(a) if the vehicle’s driver is an employed driver—an employer of\nthe driver;\n(b) if the vehicle’s driver is a self-employed driver—a prime\ncontractor for the driver;\n(c) an operator of the vehicle;\n(d) a scheduler for the vehicle;\n(e) a consignor of any goods in the vehicle;\n(f) a consignee of any goods in the vehicle;\n(g) a packer of any goods in the vehicle;\n(h) a loading manager for any goods in the vehicle;\n(i) a loader of any goods in the vehicle;\n(j) an unloader of any goods in the vehicle.\npassenger, of a vehicle, means any person carried in the vehicle other\nthan the vehicle’s driver or someone else necessary for the normal use\nof the vehicle.\n\nPBS design approval means a current approval given under\nsection 22 for the design of a type of heavy vehicle that, if built to the\ndesign, is eligible for PBS vehicle approval.\n‘PBS’ stands for performance based standards.\nPBS Review Panel means an advisory body appointed by the\nRegulator to provide expert advice in the assessment of applications\nfor PBS design approvals or PBS vehicle approvals and of their\nimpacts.\nThe membership of the PBS Review Panel consists of one representative\nof each State and Territory, an independent Chairperson and an\nindependent Deputy Chairperson. The Commonwealth may, if it decides\nto do so, nominate a representative of the Commonwealth. The procedure\nof the Panel is as determined by the Regulator.\nPBS vehicle means a heavy vehicle that is the subject of a current\nPBS vehicle approval under Part 1.4.\nPBS vehicle approval means a current approval issued for a heavy\nvehicle by the Regulator under section 23.\npersonal information—\n(a) generally, means information or an opinion, including\ninformation or an opinion forming part of a database, whether\ntrue or not, and whether recorded in a material form or not, about\nan individual whose identity is apparent, or can reasonably be\nfound out, from the information or opinion; and\n(b) for the purposes of Chapter 7, has the meaning given by\npig trailer means a trailer—\n(a) with 1 axle group or a single axle near the middle of its load\ncarrying surface; and\n(b) connected to the towing vehicle by a drawbar.\n\npilot vehicle means a motor vehicle that accompanies an oversize\nvehicle to warn other road users of the oversize vehicle’s presence.\nplace of business, for the purposes of Part 9.2, has the meaning given\nby section 494.\npole-type trailer means a trailer that—\n(a) is attached to a towing vehicle by a pole or an attachment fitted\nto a pole; and\n(b) is ordinarily used for transporting loads, such as logs, pipes,\nstructural members, or other long objects, that can generally\nsupport themselves like beams between supports.\npolice commissioner means the head of the police force or police\nservice (however called) of a participating jurisdiction.\npremises—\n(a) means a building or other structure, a vessel, or another place\n(whether built on or not)—\n(i) from which a business is carried out; or\n(ii) at or from which goods are loaded onto or unloaded from\n(b) includes a part of a building, structure, vessel or place mentioned\nin paragraph (a).\nprescribed dimension requirement means a requirement prescribed\nby the national regulations under section 101.\n\nprescribed fee means a fee prescribed by the national regulations\nunder section 740(1).\nprescribed mass requirement means a requirement prescribed by the\nnational regulations under section 95.\nprevious corresponding law—\n1 A previous corresponding law is a law of a participating\njurisdiction that, before the participation day for the jurisdiction,\nprovided for the same, or substantially the same, matters as the\nprovisions of this Law.\n2 A previous corresponding law for a provision of this Law is a\nprovision of a previous corresponding law within the meaning of\nparagraph 1 that corresponds, or substantially corresponds, to the\nprovision of this Law.\n3 For the purposes of paragraph 1, it is irrelevant whether the law\nof the participating jurisdiction—\n(a) is in 1 instrument or 2 or more instruments; or\n(b) is part of an instrument; or\n(c) is part of an instrument and the whole or part of 1 or more other\ninstruments.\n4 For the purposes of paragraph 1, if a provision of this Law does\nnot apply in a participating jurisdiction on the day the provision of its\nApplication Act corresponding to section 4 of the Heavy Vehicle\nNational Law Act 2012 of Queensland commences, and the provision\nlater applies in the jurisdiction, the participation day for the\njurisdiction in relation to the provision is taken to be the day the\nprovision applies.\n\nprime contractor, of the driver of a heavy vehicle, means a person\nwho engages the driver to drive the vehicle under a contract for\na logistics business that engages a subcontractor to transport goods.\nprime mover means a heavy motor vehicle designed to tow a\nsemitrailer.\nprohibition notice has the meaning given by section 576A(3).\nprohibition order has the meaning given by section 607(1).\npromisee see section 590A.\nprotected information, for the purposes of Part 13.4, has the meaning\ngiven by section 727.\npublic authority means—\n(a) a State or Territory or the Commonwealth, in any capacity; or\n(b) a body established under a law, or the holder of an office\nestablished under a law, for a public purpose, including a local\ngovernment authority.\npublic notice means a notice—\n(a) in the Commonwealth Gazette; and\n(b) on the Regulator’s website; and\n(c) if the Regulator considers it appropriate—in another way,\nincluding, for example, in a national newspaper.\npublic place means a place or part of a place—\n(a) that the public is entitled to use, is open to members of the public\nor is used by the public, whether or not on payment of money;\nor\n\n(b) the occupier of which allows members of the public to enter,\nwhether or not on payment of money.\npublic risk means—\n(a) a safety risk; or\n(b) a risk of damage to road infrastructure.\npublic safety means the safety of persons or property, including the\nsafety of—\n(a) the drivers of, and passengers and other persons in, vehicles and\ncombinations; and\n(b) persons or property in or in the vicinity of, or likely to be in or\nin the vicinity of, road infrastructure and public places; and\n(c) vehicles and combinations and any loads in them.\npublic safety ground, for a reviewable decision, has the meaning\nquad-axle group means a group of 4 axles, in which the horizontal\ndistance between the centre-lines of the outermost axles is more than\n3.2m but not more than 4.9m.\nqualified, to drive a heavy vehicle, or to start or stop its engine, for a\nperson, means the person—\n(a) holds a driver licence of the appropriate class to drive the vehicle\nthat is not suspended; and\n(b) is not prevented under a law, including, for example, by the\nconditions of the driver licence, from driving the vehicle at the\nrelevant time.\nQueensland Minister means the responsible Minister for\nQueensland.\nreasonably believes means believes on grounds that are reasonable in\nthe circumstances.\n\nreasonably practicable, in relation to a duty, means that which is, or\nwas at a particular time, reasonably able to be done in relation to the\nduty, weighing up all relevant matters, including—\n(a) the likelihood of a safety risk, or damage to road infrastructure,\nhappening; and\n(b) the harm that could result from the risk or damage; and\n(c) what the person knows, or ought reasonably to know, about the\nrisk or damage; and\n(d) what the person knows, or ought reasonably to know, about the\nways of—\n(i) removing or minimising the risk; or\n(ii) preventing or minimising the damage; and\n(e) the availability and suitability of those ways; and\n(f) the cost associated with the available ways, including whether\nthe cost is grossly disproportionate to the likelihood of the risk\nor damage.\nreasonably satisfied means satisfied on grounds that are reasonable\nin the circumstances.\nreasonably suspects means suspects on grounds that are reasonable\nin the circumstances.\nrecord keeper has the meaning given by section 317.\nrecord location, of the driver of a fatigue-regulated heavy vehicle, for\nthe purposes of Chapter 6, has the meaning given by section 290.\nregistered industry code of practice means an industry code of\npractice registered under section 706.\nregistered interest means an interest registered under the Personal\nProperty Securities Act 2009 of the Commonwealth by a secured\nparty for which the thing or sample is collateral.\n\nregistered operator, of a heavy vehicle, means the person recorded\non a vehicle register as the person responsible for the vehicle,\nhowever named, kept under another Australian road law.\nregistration, of a heavy vehicle, means registration of the vehicle\nunder an Australian road law.\nregistration authority, for a heavy vehicle, means the authority\nresponsible for the registration of the vehicle under an Australian road\nlaw.\nregistration item means a document, number plate, label or other\nthing relating to the registration or purported registration of a heavy\nregistration number, for a heavy vehicle, means the identifying\nregistration number, however described, given to the vehicle under\nan Australian road law.\nregular loading or unloading premises—\n1 Regular loading or unloading premises, for heavy vehicles, means\npremises at or from which an average of at least 5 heavy vehicles are\nloaded or unloaded on each day the premises are operated for loading\nor unloading heavy vehicles.\n2 For the purposes of paragraph 1, an average of at least 5 heavy\nvehicles are loaded or unloaded at or from premises on each day the\npremises are operated for loading or unloading heavy vehicles if—\n(a) for premises operated for loading or unloading heavy vehicles\nfor 12 months or more—during the previous 12 months, an\naverage of at least 5 heavy vehicles were loaded or unloaded at\nor from the premises on each day the premises were operated for\nloading or unloading heavy vehicles; or\n\n(b) for premises operated for loading or unloading heavy vehicles\nfor less than 12 months—during the period the premises have\nbeen in operation for loading or unloading heavy vehicles, an\naverage of at least 5 heavy vehicles were loaded or unloaded at\nor from the premises on each day the premises were operated for\nloading or unloading heavy vehicles.\n3 In the application of this definition to the definition loading manager\nwhere used in Chapter 6, references in paragraphs 1 and 2 to ‘an\naverage of at least 5 heavy vehicles’ are to be read as references to an\naverage of at least 5 fatigue-regulated heavy vehicles.\nConsequently, Chapter 6 applies to a person as a loading manager only if\nthe premises concerned are premises at or from which an average of at\nleast 5 fatigue-regulated heavy vehicles are loaded or unloaded on each\nday the premises are operated for loading or unloading heavy vehicles.\nRegulator means the National Heavy Vehicle Regulator established\nunder section 656.\nRegulator’s website means the website of the Regulator on the\ninternet.\nrelevant appeal body, for the purposes of Chapter 11, has the meaning\nrelevant contravention, for the purposes of Chapter 7, has the\nrelevant emission, for a heavy vehicle, means noise emission,\ngaseous emission or particle emission emanating from the vehicle.\nrelevant garage address, of a heavy vehicle, means—\n(a) the heavy vehicle’s garage address; or\n(b) if the heavy vehicle is a combination—the garage address of the\ntowing vehicle in the combination.\n\nrelevant jurisdiction, for the purposes of Chapter 11, has the meaning\nrelevant management system, for the purposes of Chapter 8, has the\nmeaning given by section 457.\nrelevant monitoring matters, for the purposes of Chapter 7, has the\nrelevant place, for the purposes of Part 9.2, has the meaning given by\nsection 494.\nrelevant police commissioner, in relation to a police officer, means\nthe police commissioner for the police force or police service\n(however called) of which the police officer is a member.\nrelevant road manager, for a mass or dimension authority, means a\nroad manager for a road in the area, or on the route, to which the\nauthority applies.\nrelevant standards and business rules, for the purposes of Chapter 8,\nrelevant tribunal or court, for a participating jurisdiction, means a\ntribunal or court that is declared by a law of that jurisdiction to be the\nrelevant tribunal or court for that jurisdiction for the purposes of this\nLaw.\nresidence, for the purposes of Part 9.2, has the meaning given by\nsection 494(1).\nresponsible entity, for a freight container, means—\n(a) the person who, in Australia, consigned the container for road\ntransport using a heavy vehicle; or\n(b) if there is no person as described in paragraph (a)—the person\nwho, in Australia, for a consignor, arranged for the container’s\nroad transport using a heavy vehicle; or\n\n(c) if there is no person as described in paragraph (a) or (b)—the\nperson who, in Australia, physically offered the container for\nroad transport using a heavy vehicle.\nresponsible Minister, for a participating jurisdiction, means the\nMinister of that jurisdiction nominated by it as its responsible\nMinister for the purposes of this Law.\nresponsible Ministers means a group of Ministers consisting of—\n(a) the responsible Minister for each participating jurisdiction; and\n(b) the Commonwealth responsible Minister.\nSee also section 655(3).\nresponsible person, for a heavy vehicle, means a person having, at a\nrelevant time, a role or responsibility associated with road transport\nusing the vehicle, and includes any of the following—\n(a) an owner of the vehicle or, if it is a combination, an owner of a\nheavy vehicle forming part of the combination;\n(b) the vehicle’s driver;\n(c) an operator or registered operator of the vehicle or, if it is a\ncombination, an operator or registered operator of a heavy\nvehicle forming part of the combination;\n(d) a person in charge or apparently in charge of—\n(i) the vehicle; or\n(ii) the vehicle’s garage address or, if it is a combination, the\ngarage address of a heavy vehicle forming part of the\ncombination; or\n(iii) a base of the vehicle’s driver;\n\n(e) a person appointed under a heavy vehicle accreditation to have\nmonitoring or other responsibilities under the accreditation,\nincluding, for example, responsibilities for certifying,\nmonitoring or approving the use of heavy vehicles under the\naccreditation;\n(f) a person who provides to an owner or registered operator of the\nvehicle or, if it is a combination, an owner or registered operator\nof a heavy vehicle forming part of the combination, an\nintelligent transport system for the vehicle;\n(g) a person in charge of a place entered by an authorised officer\nunder this Law for the purpose of exercising a power under this\nLaw;\n(h) a consignor of goods for road transport;\n(i) a packer of goods in a freight container or other container or in\na package or on a pallet for road transport;\n(j) a person who loads goods or a container for road transport;\n(k) a person who unloads goods or a container containing goods\nconsigned for road transport;\n(l) a person to whom goods are consigned for road transport;\n(m) a person who receives goods packed outside Australia in a\nfreight container or other container or on a pallet for road\ntransport in Australia;\n(n) an owner or operator of a weighbridge or weighing facility used\nto weigh the vehicle, or an occupier of the place where the\nweighbridge or weighing facility is located;\n(o) a responsible entity for a freight container on the vehicle;\n(p) a loading manager for goods in heavy vehicles for road transport\nor another person who controls or directly influences the loading\nof goods for road transport;\n\n(q) a scheduler for the vehicle;\n(r) an employer, employee, agent or subcontractor of a person\nmentioned in any of paragraphs (a) to (q).\nrest, in relation to a fatigue-regulated heavy vehicle, has the meaning\nrest time, for the purposes of Chapter 6, has the meaning given by\nreview and appeal information—\n(a) for a decision made by the Regulator or an authorised officer\nwho is not a police officer, means the following information—\n(i) that, under section 641, a dissatisfied person for the\ndecision may ask for the decision to be reviewed by the\n(ii) that, under section 642, the person may apply for the\ndecision to be stayed by a relevant tribunal or court unless\nthe decision was made by the Regulator on the basis of a\npublic safety ground;\n(iii) that, in relation to the Regulator’s decision on the review,\nthe person may—\n(A) under section 647, appeal against the decision to a\nrelevant tribunal or court; and\n(B) under section 648, apply for the decision to be stayed\nby a relevant tribunal or court unless the reviewable\ndecision to which the review decision relates was\nmade by the Regulator on the basis of a public safety\n\n(b) for a decision made by a road manager (for a road) that is a\npublic authority, means the following information—\n(i) that, under section 641, a dissatisfied person for the\ndecision may apply to the Regulator to have the decision\nreviewed;\n(ii) that, under section 643, the Regulator must refer the\napplication to the road manager for review;\n(iii) that the decision of the road manager on the review is not\nsubject to further review or appeal under this Law; and\n(c) for a decision made by an authorised officer who is a police\nofficer, or a road manager (for a road) that is not a public\nauthority, means that the decision is not subject to review or\nappeal under this Law.\nreview application, for the purposes of Chapter 11, has the meaning\nreview decision, for the purposes of Chapter 11, has the meaning\nreviewable decision has the meaning given by section 640.\nreviewer, for the purposes of Chapter 11, has the meaning given by\nsection 640.\nrigid, other than in the definition articulated bus, means not\narticulated.\nrisk category—\n(a) for a contravention of a mass, dimension or loading requirement,\nmeans 1 of the following categories—\n(i) minor risk breach;\n(ii) substantial risk breach;\n(iii) severe risk breach; or\n\n(b) for a contravention of a maximum work requirement or\nminimum rest requirement, means 1 of the following\ncategories—\n(i) minor risk breach;\n(ii) substantial risk breach;\n(iii) severe risk breach;\n(iv) critical risk breach.\nroad has the meaning given by section 8.\nSee also section 13.\nroad authority, for a participating jurisdiction, means an entity that is\ndeclared by a law of that jurisdiction to be the road authority for that\njurisdiction for the purposes of this Law.\nroad condition has the meaning given by section 154.\nroad infrastructure includes—\n(a) a road, including its surface or pavement; and\n(b) anything under or supporting a road or its surface or pavement;\nand\n(c) any bridge, tunnel, causeway, road-ferry, ford or other work or\nstructure forming part of a road system or supporting a road; and\n(d) any bridge or other work or structure located above, in or on a\nroad; and\n(e) any traffic control devices, railway equipment, electricity\nequipment, emergency telephone systems or any other facilities\n(whether of the same or a different kind) in, on, over, under or\nconnected with anything mentioned in paragraphs (a) to (d).\n\nroad manager, for a road in a participating jurisdiction, means an\nentity that is declared by a law of that jurisdiction to be the road\nmanager for the road for the purposes of this Law.\nroad-related area has the meaning given by section 8.\nRoad Rules, for a participating jurisdiction, means the law that is\ndeclared by a law of that jurisdiction to be the Road Rules for the\npurposes of this Law.\nroad train means—\n(a) a B-triple; or\n(b) a combination, other than a B-double, consisting of a motor\nvehicle towing at least 2 trailers, excluding any converter dolly\nsupporting a semitrailer.\nroad transport means transport by road.\nRoad Vehicle Standards Act 2018 means the Road Vehicle Standards\nAct 2018 of the Commonwealth.\nroute assessment, for the purposes of Part 4.7, has the meaning given\nby section 154.\nsafer freight vehicle has the meaning given by section 153A(2).\nsafety duty means a duty imposed under any of the following\nprovisions—\n(a) section 26C;\n(b) section 26E(1) or (2);\n(c) section 89(1);\n(d) section 93(1), (2) or (3);\n\n(e) section 129(1), (2) or (3);\n(f) section 137;\n(g) section 150(1);\n(h) section 153A(1);\n(i) section 186(2), (3), (4) or (5);\n(j) section 187(2) or (3);\n(k) section 335(1);\n(l) section 336(1);\n(m) section 337(2);\n(n) section 454(1) or (2);\n(o) section 467;\n(p) section 470(2), (3) or (4);\n(q) section 604;\n(r) section 610.\nsafety risk means a risk—\n(a) to public safety; or\n(b) of harm to the environment.\nschedule, for the driver of a heavy vehicle, means—\n(a) the schedule for the transport of any goods or passengers by the\n(b) the schedule of the driver’s work times and rest times.\nscheduler, for a heavy vehicle, means a person who—\n(a) schedules the transport of any goods or passengers by the\n\n(b) schedules the work times and rest times of the vehicle’s driver.\nsecond edition ADR means an ADR incorporated in the document\ndescribed as the ‘Australian Design Rules for Motor Vehicle Safety,\nSecond Edition’ originally published by the former Commonwealth\nDepartment of Transport.\nself-clearing defect notice means a notice complying with the\nrequirements for a self-clearing defect notice under section 527.\nself-employed driver, of a heavy vehicle, means a driver of the\nvehicle who is not an employed driver of the vehicle.\nsemitrailer means a trailer that has—\n(a) 1 axle group or a single axle towards the rear; and\n(b) a means of attachment to a prime mover that results in some of\nthe mass of the trailer’s load being imposed on the prime mover.\nsevere risk breach—\n(a) for a mass requirement—has the meaning given by section 100;\nor\n(b) for a dimension requirement—has the meaning given by\nsection 107; or\nsection 114; or\nrequirement—has the meaning given by section 222(3).\nsevere risk breach lower limit—\n(a) for the purposes of Division 2 of Part 4.2, has the meaning given\nby section 97; or\n(b) for the purposes of Division 2 of Part 4.3, has the meaning given\nby section 104.\n\nsign of fatigue, for the purposes of Chapter 6, has the meaning given\nby section 221.\nsingle axle means—\n(a) 1 axle; or\n(b) 2 axles with centres between transverse, parallel, vertical planes\nspaced less than 1.0m apart.\nsolo driver, for the purposes of Chapter 6, has the meaning given by\nspeed limit means—\n(a) a speed limit applying under this Law, the Road Rules or another\nlaw; and\n(b) when used in the context of a speed limit applying to the driver\nof a heavy vehicle—a speed limit applying to the driver or the\nvehicle (or both) under this Law, the Road Rules or another law\n(whether it applies specifically to the particular driver or the\nparticular vehicle or it applies to all drivers or vehicles or to a\nclass of drivers or vehicles to which the driver or vehicle\nbelongs).\nA reference to a speed limit applying under this Law, the Road Rules or\nanother law covers both—\n• a speed limit specified in this Law, the Road Rules or other law\n• a speed limit specified in an instrument, or in some other manner,\nunder this Law, the Road Rules or other law (for example, a speed\nlimit specified in a permit or a Commonwealth Gazette notice)\nstandard hours, for the purposes of Chapter 6, has the meaning given\nby section 249.\nStandards Australia means Standards Australia Limited CAN 087\n326 690, and includes a reference to the Standards Association of\nAustralia as constituted before 1 July 1999.\n\nstationary rest time has the meaning given by section 221.\nsubstantial risk breach—\n(a) for a mass requirement—has the meaning given by section 99;\nor\n(b) for a dimension requirement—has the meaning given by section\n106; or\nsection 113; or\nrequirement—has the meaning given by section 222(2).\nsubstantial risk breach lower limit—\n(a) for the purposes of Division 2 of Part 4.2, has the meaning given\nby section 97; or\n(b) for the purposes of Division 2 of Part 4.3, has the meaning given\nby section 104.\nsuitable rest place, for fatigue-regulated heavy vehicles, means—\n(a) a rest area designated for use, and able to be used, by fatigue-\nregulated heavy vehicles; or\n(b) a place at which a fatigue-regulated heavy vehicle may be safely\nand lawfully parked.\nsupervisory intervention order has the meaning given by\nsection 600(1).\nsupplementary record, for the purposes of Chapter 6, has the\ntamper—\n(a) with an emission control system, for the purposes of section 91,\nhas the meaning given by that section; or\n\n(b) with a plate or label, for the purposes of section 87A, has\nthe meaning given by that section; or\n(c) with a speed limiter, for the purposes of section 93, has the\nmeaning given by that section; or\n(d) with an approved electronic recording system, for the purposes\nof Chapter 6, has the meaning given by section 334; or\n(e) with an approved intelligent transport system, for the purposes\nof Chapter 7, has the meaning given by section 403.\ntandem axle group means a group of at least 2 axles, in which the\nhorizontal distance between the centre-lines of the outermost axles is\nat least 1m but not more than 2m.\nTCA means Transport Certification Australia Limited ACN 113 379\n936.\nTerritory means the Australian Capital Territory or the Northern\nTerritory.\nthe State means the Crown in right of this jurisdiction, and includes—\n(a) the Government of this jurisdiction; and\n(b) a Minister of the Crown in right of this jurisdiction; and\n(c) a statutory corporation, or other entity, representing the Crown\nin right of this jurisdiction.\nthird edition ADR means—\n(a) a national standard under section 7 of the Motor Vehicle\nStandards Act 1989; or\n(b) a national road vehicle standard under section 12 of the Road\nVehicle Standards Act 2018.\nthird party insurance legislation means—\n(a) legislation about compensation for third parties who are injured\nor killed by the use of motor vehicles or trailers; or\n\n(b) legislation about payment of contributions towards\ncompensation of that kind; or\n(c) legislation requiring public liability insurance.\nthis jurisdiction see the law of each participating jurisdiction for the\nmeaning of this term.\nthis Law means—\n(a) this Law as it applies as a law of a participating jurisdiction; or\n(b) a law of a participating jurisdiction that—\n(i) substantially corresponds to the provisions of this Law; or\n(ii) is prescribed by the national regulations for the purposes of\nparagraph (a) (iii) of the definition participating\nSee also section 11.\ntow truck means—\n(a) a heavy motor vehicle that is—\n(i) equipped with a crane, winch, ramp or other lifting device;\nand\n(ii) used or intended to be used for the towing of motor\n(b) a heavy motor vehicle to which is attached, temporarily or\notherwise, a trailer or device that is—\n(i) equipped with a crane, winch, ramp or other lifting device;\nand\n(ii) used or intended to be used for the towing of motor\nvehicles.\n\ntractor means a motor vehicle used for towing purposes, other than—\n(a) a motor vehicle designed to carry goods or passengers; or\n(b) a tow truck.\ntraffic includes vehicular traffic, pedestrian traffic and all other forms\nof road traffic.\ntrailer means a vehicle that is built to be towed, or is towed, by a\nmotor vehicle, but does not include a motor vehicle being towed.\ntransport activities means activities, including business practices and\nmaking decisions, associated with the use of a heavy vehicle on a\nroad, including, for example—\n(a) contracting, directing or employing a person—\n(i) to drive the vehicle; or\n(ii) to carry out another activity associated with the use of the\nvehicle (such as maintaining or repairing the vehicle); or\n(b) consigning goods for transport using the vehicle; or\n(c) scheduling the transport of goods or passengers using the\n(d) packing goods for transport using the vehicle; or\n(e) managing the loading of goods onto or unloading of goods from\nthe vehicle; or\n(f) loading goods onto or unloading goods from the vehicle; or\n(g) receiving goods unloaded from the vehicle.\n\ntransport documentation means each of the following—\n(a) each contractual document directly or indirectly associated\n(i) a transaction for the actual or proposed road transport of\ngoods or passengers or any previous transport of the goods\nor passengers by any transport method; or\n(ii) goods or passengers, to the extent the document is relevant\nto the transaction for their actual or proposed road\ntransport;\n(b) each document—\n(i) contemplated in a contractual document mentioned in\nparagraph (a); or\n(ii) required by law, or customarily given, in connection with\na contractual document or transaction mentioned in\n• bill of lading\n• consignment note\n• container weight declaration\n• contract of carriage\n• delivery order\n• export receival advice\n• invoice\n• load manifest\n• sea carriage document\n• vendor declaration\ntravel condition has the meaning given by section 154.\n\ntri-axle group means a group of at least 3 axles, in which the\nhorizontal distance between the centre-lines of the outermost axles is\nmore than 2m but not more than 3.2m.\ntruck means a rigid motor vehicle built mainly as a load carrying\ntwinsteer axle group means a group of 2 axles—\n(a) with single tyres; and\n(b) fitted to a motor vehicle; and\n(c) connected to the same steering mechanism; and\n(d) the horizontal distance between the centre-lines of which is at\nleast 1m but not more than 2m.\ntwo-up driving arrangement, for the purposes of Chapter 6, has the\nunattended, for a heavy vehicle, for the purposes of Division 3 of\n","sortOrder":5},{"sectionNumber":"Part 9","sectionType":"part","heading":"3, has the meaning given by section 515.","content":"Part 9.3, has the meaning given by section 515.\nunder, for a law or a provision of a law, includes—\n(a) by; and\n(b) for the purposes of; and\n(c) in accordance with; and\n(d) within the meaning of.\nunincorporated body includes an unincorporated local government\nauthority, but does not include an unincorporated partnership.\nunincorporated local government authority means a local\ngovernment authority that is not a body corporate.\nunload and unloader—\nA person unloads goods in a heavy vehicle, and is an unloader of\ngoods in a heavy vehicle, if the person is a person who—\n\n(a) unloads from the vehicle, or any container that is in or part of\nthe vehicle, goods that have been transported by road; or\n(b) unloads from the vehicle a freight container, whether or not it\ncontains goods, that has been transported by road.\nunregistered heavy vehicle means a heavy vehicle that is not\nregistered.\nunregistered heavy vehicle permit means a permit granted or issued\nunder an Australian road law authorising the use of an unregistered\nheavy vehicle on a road.\nuse, a heavy vehicle on a road, includes standing the vehicle on the\nvehicle condition has the meaning given by section 154.\nvehicle defect notice means a major defect notice, minor defect notice\nor self-clearing defect notice.\nvehicle identifier, for the purposes of Division 6 of Part 9.3, has the\nmeaning given by section 525.\nvehicle standards exemption means—\n(a) vehicle standards exemption (notice); or\n(b) vehicle standards exemption (permit).\nvehicle standards exemption (notice) has the meaning given by\nsection 61(2).\nvehicle standards exemption (permit) has the meaning given by\nsection 68(2).\n\nVIN (vehicle identification number), for a heavy vehicle, means—\n(a) for a heavy vehicle built before 1 January 1989 that has an\nidentification plate, the number quoted on the vehicle’s\nidentification plate that—\n(i) uniquely identifies the vehicle and sets it apart from similar\n(ii) corresponds to the identification number of the vehicle that\nis permanently recorded elsewhere on the vehicle; or\n(b) for a heavy vehicle built on or after 1 January 1989 that was\ngiven an approval under the Motor Vehicle Standards Act\n1989 or is given an approval under the Road Vehicle Standards\n(Consequential and Transitional Provisions) Act 2018 of the\nCommonwealth, the unique vehicle identification number\nassigned to the vehicle—\n(i) at the time the vehicle was manufactured, in accordance\nwith a third edition ADR; or\n(ii) by the department of government of the Commonwealth in\nwhich the Motor Vehicle Standards Act 1989 was\npreviously administered; or\n(c) otherwise, the unique number assigned to the heavy vehicle—\n(i) at the time the vehicle was manufactured, in accordance\nwith an ADR that is a national road vehicle standard under\nsection 12 of the Road Vehicle Standards Act 2018; or\n(ii) by the department of government of the Commonwealth in\nwhich the Road Vehicle Standards Act 2018 is\nadministered.\nwork, in relation to a fatigue-regulated heavy vehicle, has the\nwork and rest change, for the purposes of Chapter 6, has the meaning\n\nwork and rest hours exemption means—\n(a) a work and rest hours exemption (notice); or\n(b) a work and rest hours exemption (permit).\nwork and rest hours exemption (notice) has the meaning given by\nsection 266(2).\nwork and rest hours exemption (permit) has the meaning given by\nsection 273(2).\nwork and rest hours option, for the purposes of Chapter 6, has the\nmeaning given by section 243.\nwork diary, for the purposes of Chapter 6, has the meaning given by\nwork diary exemption means—\n(a) a work diary exemption (notice); or\n(b) a work diary exemption (permit).\nwork diary exemption (notice) has the meaning given by\nsection 357(2).\nwork diary exemption (permit) has the meaning given by\nsection 363(2).\nwork record, for the purposes of Chapter 6, has the meaning given by\nwork time, for the purposes of Chapter 6, has the meaning given by\nwritten work diary, for the purposes of Chapter 6, has the meaning\n\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of heavy vehicle","content":"6 Meaning of heavy vehicle\n(1) For the purposes of this Law, a vehicle is a heavy vehicle if it has a\nGVM or ATM of more than 4.5t.\n(2) Also, for the purposes of this Law, a combination that includes a\nvehicle with a GVM or ATM of more than 4.5t is a heavy vehicle.\n(3) However, rolling stock is not a heavy vehicle for the purposes of this\nLaw.\nrolling stock—\n1 Rolling stock is a vehicle designed to operate or move on a railway\ntrack and includes a locomotive, carriage, rail car, rail motor, light\nrail vehicle, tram, light inspection vehicle, self-propelled\ninfrastructure maintenance vehicle, trolley, wagon or monorail\n2 A vehicle designed to operate both on and off a railway track is\nrolling stock when the vehicle is being—\n(a) operated or moved on a railway track; or\n(b) maintained, repaired or modified in relation to the operation or\nmovement of the vehicle on a railway track.\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of fatigue-regulated heavy vehicle","content":"7 Meaning of fatigue-regulated heavy vehicle\n(1) For the purposes of this Law, a heavy vehicle is a fatigue-regulated\nheavy vehicle if it is any of the following—\n(a) a motor vehicle with a GVM of more than 12t;\n(b) a combination with a GVM of more than 12t;\n(c) a fatigue-regulated bus.\n\n(2) However, subject to subsection (3), a heavy vehicle is not a fatigue-\nregulated heavy vehicle for the purposes of this Law if it is any of the\n(a) a motor vehicle that—\n(i) is built, or has been modified, to operate primarily as a\nmachine or implement off-road, on a road-related area, or\non an area of road that is under construction; and\n(ii) is not capable of carrying goods or passengers by road;\nExamples for the purposes of paragraph (a)—\nagricultural machine, backhoe, bulldozer, excavator, forklift, front-end loader,\ngrader, motor vehicle registered under an Australian road law as a special purpose\nvehicle (type p)\n(b) a motorhome.\n(3) For the purposes of this Law, a truck, or a combination including a\ntruck, that has a machine or implement attached to it is a fatigue-\nregulated heavy vehicle—\n(a) if the GVM of the truck or combination with the attached\nmachine or implement is more than 12t; and\n(b) whether or not the truck or combination has been built or\nmodified primarily to operate as a machine or implement off-\nroad, on a road-related area, or on an area of road that is under\nconstruction.\nExample for the purposes of subsection (3)—\na truck to which a crane or drilling rig is attached\n(4) For the purposes of subsection (2)(b), a motorhome—\n(a) is a rigid or articulated motor vehicle or combination that is\nbuilt, or has been modified, primarily for residential purposes;\nand\n(b) does not include a motor vehicle that is merely a motor vehicle\nconstructed with a sleeper berth.\n\n(5) For the purposes of this section, the GVM of a combination is the\ntotal of the GVMs of the vehicles in the combination.\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of road and road-related area","content":"8 Meaning of road and road-related area\n(1) For the purposes of this Law, a road is an area that is open to or used\nby the public and is developed for, or has as 1 of its uses, the driving\nor riding of motor vehicles.\nExamples of areas that are roads—\nbridges, cattle grids, culverts, ferries, fords, railway crossings, tunnels or viaducts\n(2) For the purposes of this Law, a road-related area is—\n(a) an area that divides a road; or\n(b) a footpath, shared path or nature strip adjacent to a road; or\n(c) a shoulder of a road; or\n(d) a bicycle path or another area that is not a road and that is open\nto the public and designated for use by cyclists or animals; or\n(e) an area that is not a road and that is open to, or used by, the\npublic for driving, riding or parking motor vehicles.\n(3) Also, an area is a road or road-related area for the purposes of this\nLaw or a particular provision of this Law as applied in a participating\njurisdiction, if the area is declared by a law of that jurisdiction to be\na road or road-related area for the purposes of this Law or the\nparticular provision.\nbicycle path means an area open to the public that is designated for,\nor has as 1 of its main uses, use by riders of bicycles.\nfootpath means an area open to the public that is designated for, or\nhas as 1 of its main uses, use by pedestrians.\n\nshared path means an area open to the public that is designated for,\nor has as 1 of its main uses, use by both the riders of bicycles and\npedestrians.\nshoulder, of a road—\n(a) includes any part of the road that is not designed to be used by\nmotor vehicles in travelling along the road; and\n(b) includes—\n(i) for a kerbed road-any part of the kerb; and\n(ii) for a sealed road-any unsealed part of the road, and any\nsealed part of the road outside an edge line on the road; but\n(c) does not include a bicycle path, footpath or shared path.\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of convicts and convicted of an offence","content":"9 Meaning of convicts and convicted of an offence\n(1) For the purposes of this Law, a court convicts a person of an offence\nif the court finds the person guilty, or accepts the person’s plea of\nguilty, for the offence whether or not a conviction is recorded.\n(2) For the purposes of this Law, a person is convicted of an offence if a\ncourt convicts the person of the offence.\n10 Interpretation generally\nSchedule 1 applies in relation to this Law.\n11 References to laws includes references to instruments\nmade under laws\n(1) In this Law, a reference (either generally or specifically) to a law or a\nprovision of a law (including this Law) includes a reference to—\n(a) each instrument (including a regulation) made or in force under\nthe law or provision; and\n(b) each instrument made or in force under any such instrument.\n\nlaw means a law of the Commonwealth or a State or Territory.\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"References to this Law as applied in a participating","content":"12 References to this Law as applied in a participating\njurisdiction\nIn this Law, a reference to this Law as applied by an Act of a\nparticipating jurisdiction includes a reference to—\n(a) a law that substantially corresponds to this Law enacted in a\nparticipating jurisdiction; and\n(b) a law prescribed by the national regulations for the purposes of\nparagraph (a)(iii) of the definition participating jurisdiction in\nsection 5, enacted in a participating jurisdiction.\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"References to road","content":"13 References to road\nA reference in this Law to a road includes a reference to a road-related\narea, unless a contrary intention appears in this Law.\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"References to particular ADR versions","content":"14 References to particular ADR versions\nA reference in this Law to an ADR followed by a number is a\nreference to—\n(a) if the reference is to a second edition ADR—the ADR of that\nnumber in the ‘Australian Design Rules for Motor Vehicle\nSafety, Second Edition’; or\n(b) otherwise—the ADR of that number referenced in the relevant\nstandard.\n\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"References to categories of heavy vehicles","content":"15 References to categories of heavy vehicles\nIf a provision of this Law provides for the exemption, authorisation,\nprescription or description of a category of heavy vehicles, heavy\nvehicles may, without limitation, be categorised for the purposes of\nthe provision as being of any stated class, including, for example—\n(a) a class of heavy vehicles used for a particular task; and\n(b) a class of heavy vehicles used by particular persons or a\nparticular class of persons; and\n(c) a class of heavy vehicles with a particular configuration.\n\nApplication and operation of Law Part 1.3\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Extraterritorial operation of Law","content":"16 Extraterritorial operation of Law\nIt is the intention of the Parliament of this jurisdiction that the\noperation of this Law is, as far as possible, to include operation in\nrelation to the following—\n(a) things situated in or outside the territorial limits of this\njurisdiction;\n(b) acts, transactions and matters done, entered into or occurring in\nor outside the territorial limits of this jurisdiction;\n(c) things, acts, transactions and matters (wherever situated, done,\nentered into or occurring) that would, apart from this Law, be\ngoverned or otherwise affected by the law of another\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Law binds the State","content":"17 Law binds the State\n(1) This Law binds the State.\n(2) No criminal liability attaches to the State itself (as distinct from its\nagents, instrumentalities, officers and employees) under this Law.\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Relationship with primary work health and safety laws","content":"18 Relationship with primary work health and safety laws\n(1) If a provision of this Law and a provision of the primary WHS Law\ndeal with the same thing, and it is possible to comply with both\nprovisions, a person must comply with both provisions.\n(1A) However, to the extent it is not possible for the person to comply with\nboth provisions, the person must comply with the provision of the\nprimary WHS Law.\n(2) Evidence of a relevant contravention of this Law is admissible in any\nproceeding for an offence against the primary WHS Law.\n\n(3) Compliance with this Law, or with any requirement imposed under\nthis Law, is not, in itself, evidence that a person has complied with\nthe primary WHS Law or any regulations made under that Law or\nwith a common law duty of care.\n(3A) If an act, omission or circumstances constitute an offence under this\nLaw and the primary WHS Law, the offender is not liable to be\npunished twice for the act, omission or circumstances.\nprimary WHS Law, for a participating jurisdiction, means the law\nthat is declared by a law of that jurisdiction to be the primary WHS\nLaw for the purposes of this Law.\n‘WHS’ stands for workplace health and safety.\n\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Main purpose of this Part","content":"19 Main purpose of this Part\n(1) The main purposes of this Part and other associated provisions of this\nLaw are to enable PBS vehicles that meet a particular performance\nlevel to operate (unless otherwise specified by the responsible\nMinister) on roads that are authorised to be used by PBS vehicles that\nmeet or exceed that performance level.\n(2) It is intended that authorisations or exemptions can be granted under\nthis Law for PBS vehicles.\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Notification to road authority of PBS design approval","content":"20 Notification to road authority of PBS design approval\nThe Regulator must, as soon as practicable, notify the road authority\nfor this jurisdiction, in writing, of a PBS design approval, together\nwith a description of the significant features of the design to which\nthe approval relates.\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Notification by responsible Minister of non-application or","content":"21 Notification by responsible Minister of non-application or\nrestricted application of PBS design approval\n(1) The responsible Minister for this jurisdiction may notify the\nRegulator in writing that any heavy vehicle built to a design that is\nthe subject of a PBS design approval—\n(a) is not to be permitted to operate in this jurisdiction; or\n(b) is only to be permitted to operate in this jurisdiction subject to\nstated conditions.\n(2) A notice under this section can not be about—\n(a) a particular person; or\n(b) a particular heavy vehicle.\n(3) A notice under this section is not valid for the purposes of this Law if\nit does not set out reasons for why it has been issued.\n\n(4) On receiving a notice under this section, the Regulator must give a\ncopy of the notice to the person who was given the PBS design\napproval.\n(5) On receiving a notice under this section, the Regulator must\naccordingly impose on the PBS design approval—\n(a) a condition giving effect to subsection (1)(a); or\n(b) the stated conditions referred to in subsection (1)(b).\n","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Application for PBS design approval","content":"22 Application for PBS design approval\n(1) An application for a PBS design approval for the design of a type of\nheavy vehicle may be made to the Regulator.\n(2) In assessing the application, the Regulator must have regard to—\n(a) the approved guidelines relevant to the grant of PBS design\n(b) any performance based standards and assessment rules\nprescribed in the national regulations for the purposes of this\nparagraph; and\n(c) the advice of the PBS Review Panel in relation to the\n(3) Having assessed the application, the Regulator must approve or reject\nthe application.\n(4) The Regulator may approve the application subject to any condition\nthe Regulator considers appropriate.\n(5) The PBS design approval must state the conditions (if any) to which\nit is subject under subsection (4) or section 21(5).\n\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Application for PBS vehicle approval","content":"23 Application for PBS vehicle approval\n(1) An application for a PBS vehicle approval for a heavy vehicle may\nbe made to the Regulator.\n(2) In assessing the application, the Regulator must have regard to—\n(a) the approved guidelines relevant to the grant of PBS vehicle\n(b) any vehicle certification rules prescribed in the national\nregulations for the purposes of this paragraph; and\n(c) the advice of the PBS Review Panel in relation to the\n(3) Having assessed the application, the Regulator must approve or reject\nthe application.\n(4) The Regulator may approve the application subject to conditions\nincluded in the PBS design approval to which the heavy vehicle is\nbuilt.\n(5) The PBS vehicle approval must state the conditions (if any) to\nwhich—\n(a) the PBS vehicle approval is subject under subsection (4); and\n(b) the relevant PBS design approval is subject under section 21(5).\n(5A) The PBS vehicle approval must state the performance level for the\napproval.\n(6) A PBS vehicle approval can not be given for a class 1 heavy vehicle.\n\n","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Exemption from stated vehicle standards","content":"24 Exemption from stated vehicle standards\n(1) A PBS vehicle approval for a heavy vehicle may provide that the\nvehicle is exempt from stated vehicle standards.\n(2) Subsection (1) applies only to vehicle standards of a kind prescribed\nby the national regulations for the purposes of this section.\nSee section 60(6).\n","sortOrder":23},{"sectionNumber":"25","sectionType":"section","heading":"Authorisation of different mass or dimension requirement","content":"25 Authorisation of different mass or dimension requirement\n(1) A PBS vehicle approval for a heavy vehicle may provide that the\nvehicle is authorised to have a mass limit that exceeds a limit that\nwould otherwise apply to the vehicle under a prescribed mass\nSee section 96(4).\n(2) A PBS vehicle approval for a heavy vehicle may provide that the\nvehicle is authorised to have a dimension that exceeds a dimension\nlimit that would otherwise apply to the vehicle under a prescribed\ndimension requirement.\nSee section 102(4).\n","sortOrder":24},{"sectionNumber":"25A","sectionType":"section","heading":"Keeping copy of PBS vehicle approval while driving","content":"25A Keeping copy of PBS vehicle approval while driving\n(1) The driver of a PBS vehicle must keep a copy of the PBS vehicle\napproval in the driver’s possession while driving the PBS vehicle.\n(2) Each relevant party for a driver mentioned in subsection (1) must\n\nrelevant party, for the driver of a PBS vehicle, means—\n","sortOrder":25},{"sectionNumber":"26","sectionType":"section","heading":"National regulations","content":"26 National regulations\nThe national regulations may provide for—\n(a) the procedures for determining an application for a PBS design\napproval or a PBS vehicle approval, including, for example,\nproviding for the time for making a decision on the application,\nthe fee for the application and forms relating to the application;\nand\n(b) the procedures for cancelling or modifying a PBS design\napproval or PBS vehicle approval; and\n(c) performance based standards, and assessment and certification\nrules, relating to PBS design approvals or PBS vehicle\n(d) the appointment, functions and management of persons as PBS\nassessors and PBS vehicle certifiers.\n\n","sortOrder":26},{"sectionNumber":"26A","sectionType":"section","heading":"Principle of shared responsibility","content":"26A Principle of shared responsibility\n(1) The safety of transport activities relating to a heavy vehicle is the\nshared responsibility of each party in the chain of responsibility for\n(2) The level and nature of a party’s responsibility for a transport activity\ndepends on—\n(a) the functions the person performs or is required to perform,\nwhether exclusively or occasionally, rather than—\n(i) the person’s job title; or\n(ii) the person’s functions described in a written contract; and\n(b) the nature of the public risk created by the carrying out of the\ntransport activity; and\n(c) the party’s capacity to control, eliminate or minimise the risk.\n","sortOrder":27},{"sectionNumber":"26B","sectionType":"section","heading":"Principles applying to duties","content":"26B Principles applying to duties\n(1) A person may have more than 1 duty because of the functions the\nperson performs or is required to perform.\n(2) More than 1 person can concurrently have a duty under this Law and\neach duty holder must comply with that duty to the standard required\nby this Law even if another duty holder has the same duty.\n(3) If more than 1 person has a duty for the same matter, each person—\n(a) retains responsibility for the person’s duty in relation to the\nmatter; and\n\nPrinciples Part 1A.1\n(b) must discharge the person’s duty to the extent to which the\nperson—\n(i) has the capacity to influence and control the matter; or\n(ii) would have had that capacity but for an agreement or\narrangement purporting to limit or remove that capacity.\n(4) A duty under this Law may not be transferred to another person.\n\n","sortOrder":28},{"sectionNumber":"26C","sectionType":"section","heading":"Primary duty","content":"26C Primary duty\n(1) Each party in the chain of responsibility for a heavy vehicle must\nensure, so far as is reasonably practicable, the safety of the party’s\ntransport activities relating to the vehicle.\n(2) Without limiting subsection (1), each party must, so far as is\nreasonably practicable—\n(a) eliminate public risks and, to the extent it is not reasonably\npracticable to eliminate public risks, minimise the public risks;\nand\n(b) ensure the party’s conduct does not directly or indirectly cause\nor encourage—\n(i) the driver of the heavy vehicle to contravene this Law; or\n(ii) the driver of the heavy vehicle to exceed a speed limit\napplying to the driver; or\n(iii) another person, including another party in the chain of\nresponsibility, to contravene this Law.\n(3) For subsection (2)(b), the party’s conduct includes, for example—\n(a) the party asking, directing or requiring another person to do, or\nnot do, something; and\n(b) the party entering into a contract—\n(i) with another person for the other person to do, or not do,\nsomething; or\n(ii) that purports to annul, exclude, restrict or otherwise change\nthe effect of this Law.\n\nNature of duty Part 1A.2\n","sortOrder":29},{"sectionNumber":"26D","sectionType":"section","heading":"Duty of executive of legal entity","content":"26D Duty of executive of legal entity\n(1) If a legal entity has a safety duty, an executive of the legal entity must\nexercise due diligence to ensure the legal entity complies with the\nsafety duty.\n(2) The executive may be convicted of an offence against subsection (1)\neven if the legal entity has not been proceeded against for, or\nconvicted of, an offence relating to the safety duty.\n(2A) Subsection (1) does not apply to an executive of the legal entity acting\non a voluntary basis, whether or not the executive is reimbursed for\nthe expenses incurred by the executive for carrying out activities for\nthe legal entity.\ndue diligence includes taking reasonable steps—\n(a) to acquire, and keep up to date, knowledge about the safe\nconduct of transport activities; and\n(b) to gain an understanding of—\n(i) the nature of the legal entity’s transport activities; and\n(ii) the hazards and risks, including the public risk, associated\nwith those activities; and\n(c) to ensure the legal entity has, and uses, appropriate resources to\neliminate or minimise those hazards and risks; and\n(d) to ensure the legal entity has, and implements, processes—\n(i) to eliminate or minimise those hazards and risks; and\n(ii) for receiving, considering, and responding in a timely way\nto, information about those hazards and risks and any\nincidents; and\n\n(iii) for complying with the legal entity’s safety duties; and\n(e) to verify the resources and processes mentioned in\nparagraphs (c) and (d) are being provided, used and\nimplemented.\nexecutive, of a legal entity, means—\n(a) for a corporation—an executive officer of the corporation; or\n(b) for an unincorporated partnership—a partner in the partnership;\nor\n(c) for an unincorporated body—a management member of the\nbody.\nlegal entity means—\n(a) a corporation; or\n(b) an unincorporated partnership; or\n(c) an unincorporated body.\n","sortOrder":30},{"sectionNumber":"26E","sectionType":"section","heading":"Prohibited requests and contracts","content":"26E Prohibited requests and contracts\n(1) A person must not ask, direct or require (directly or indirectly) the\ndriver of a heavy vehicle or a party in the chain of responsibility to\ndo or not do something the person knows, or ought reasonably to\nknow, would have the effect of causing the driver—\n(a) to exceed a speed limit applying to the driver; or\n(b) to drive a fatigue-regulated heavy vehicle while impaired by\nfatigue; or\n(c) to drive a fatigue-regulated heavy vehicle while in breach of the\ndriver’s work and rest hours option; or\n\nNature of duty Part 1A.2\n(d) to drive a fatigue-regulated heavy vehicle in breach of another\nlaw in order to avoid driving while impaired by fatigue or while\nin breach of the driver’s work and rest hours option.\n(2) A person must not enter into a contract with the driver of a heavy\nvehicle or a party in the chain of responsibility that the person knows,\nor ought reasonably to know, would have the effect of causing the\ndriver, or would encourage the driver, or would encourage a party in\nthe chain of responsibility to cause the driver—\n(a) to exceed a speed limit applying to the driver; or\n(b) to drive a fatigue-regulated heavy vehicle while impaired by\nfatigue; or\n(c) to drive a fatigue-regulated heavy vehicle while in breach of the\ndriver’s work and rest hours option; or\n(d) to drive a fatigue-regulated heavy vehicle in breach of another\nlaw in order to avoid driving while impaired by fatigue or while\nin breach of the driver’s work and rest hours option.\n\n","sortOrder":31},{"sectionNumber":"26F","sectionType":"section","heading":"Category 1 offence","content":"26F Category 1 offence\n(b) the person, without a reasonable excuse, engages in conduct\nrelated to the duty that exposes an individual to a risk of death\nor serious injury or illness; and\n(c) the person is reckless as to the risk.\n(a) if an individual commits the offence—$300000 or 5 years\nimprisonment or both; or\n(b) if a corporation commits the offence—$3000000.\n(2) The prosecution bears the burden of proving that the conduct was\nengaged in without reasonable excuse.\n","sortOrder":32},{"sectionNumber":"26G","sectionType":"section","heading":"Category 2 offence","content":"26G Category 2 offence\nA person commits an offence if—\n(b) the person contravenes the duty; and\n(c) the person’s contravention exposes an individual, or class of\nindividuals, to a risk of death or serious injury or illness.\n(a) if an individual commits the offence—$150000; or\n(b) if a corporation commits the offence—$1500000.\n\nFailing to comply with duty Part 1A.3\n","sortOrder":33},{"sectionNumber":"26H","sectionType":"section","heading":"Category 3 offence","content":"26H Category 3 offence\nA person commits an offence if—\n(b) the person contravenes the duty.\n(a) if an individual commits the offence—$50000; or\n(b) if a corporation commits the offence—$500000.\n\n","sortOrder":34},{"sectionNumber":"Part 3","sectionType":"part","heading":"Vehicle operations—","content":"Chapter 3 Vehicle operations—\nstandards and safety\n","sortOrder":35},{"sectionNumber":"58","sectionType":"section","heading":"Main purpose of Ch 3","content":"58 Main purpose of Ch 3\nThe main purpose of this Chapter is to ensure heavy vehicles used on\nroads are of a standard and in a condition that prevents or minimises\nsafety risks.\n\nPart 3.2 Compliance with heavy vehicle\n","sortOrder":36},{"sectionNumber":"59","sectionType":"section","heading":"Heavy vehicle standards","content":"59 Heavy vehicle standards\n(1) The national regulations may prescribe vehicle standards (heavy\nvehicle standards) with which heavy vehicles must comply to use\nroads.\n(2) Without limiting subsection (1), the heavy vehicle standards may\ninclude requirements applying to—\n(a) heavy vehicles; or\n(b) components of heavy vehicles, including component vehicles\nthat are not heavy vehicles; or\n(c) equipment of heavy vehicles.\n(3) The national regulations may prescribe exemptions or different\nrequirements for component vehicles that are not heavy vehicles.\n","sortOrder":37},{"sectionNumber":"60","sectionType":"section","heading":"Compliance with heavy vehicle standards","content":"60 Compliance with heavy vehicle standards\nthat contravenes a heavy vehicle standard applying to the vehicle.\n(a) $3000, except as provided in paragraph (b); or\n(b) $6000, for contravention of a heavy vehicle standard relating to\na speed limiter.\n\n(a) a heavy vehicle that—\n(i) is on a journey to a place for the repair of the vehicle, or\nany of its components or equipment, and is travelling on\nthe most direct or convenient route to that place from the\nplace where the journey began; and\nNote for the purposes of subparagraph (i)—\nThe subparagraph does not operate to exempt a person from complying\nwith the requirements of a vehicle defect notice applying to the vehicle.\n(ii) does not have any goods in it; and\n(iii) is used on a road in a way that does not pose a safety risk;\nor\n(b) a heavy vehicle that—\n(i) is on a road for testing or analysis of the vehicle, or any of\nits components or equipment, by an approved vehicle\nexaminer for the purpose of checking its compliance with\nthe heavy vehicle standards; and\n(ii) does not have any passengers in it; and\n(iii) does not have any goods in it, unless—\n(A) it has a quantity of goods that is necessary or\nappropriate for the conduct of the testing or analysis;\nand\n(B) without limiting subparagraph (iv), there are no\nreasonable grounds to believe the vehicle laden with\nthose goods poses a significant safety risk; and\n(iv) is used on a road in a way that does not pose a safety risk.\n\n(3) A person does not commit an offence against subsection (1) in\nrelation to a heavy vehicle’s noncompliance with a heavy vehicle\nstandard if, and to the extent, the noncompliance relates to a\nnoncompliance known to the registration authority for the heavy\nvehicle at the time the registration authority registered the vehicle\nunder an Australian road law.\n(4) For the purposes of subsection (3), the registration authority is taken\nto have known of the heavy vehicle’s noncompliance with a heavy\nvehicle standard at the time the registration authority registered the\nvehicle if the noncompliance was mentioned in—\n(a) an operations plate that was installed on the vehicle at the time\nit was registered; or\n(b) a certificate of approved operations issued for the vehicle and in\nforce at the time the vehicle was registered; or\n(c) a document obtained by the registration authority under an\nAustralian road law in connection with the registering of the\n(5) Subsection (3) applies only if the heavy vehicle, and its use on a road,\ncomplies with the conditions of the heavy vehicle’s registration under\nan Australian road law.\n(6) If a PBS vehicle is exempt from vehicle standards stated in its PBS\nvehicle approval but it complies with the other applicable vehicle\nstandards, the vehicle is regarded for the purposes of this Law as\ncomplying with the vehicle standards applying to the vehicle.\nSee also section 81 (4) to (6) for the effect of a vehicle standards\nexemption on compliance with subsection (1).\n\n","sortOrder":38},{"sectionNumber":"Div 2","sectionType":"division","heading":"Exemptions by Commonwealth","content":"Division 2 Exemptions by Commonwealth\n","sortOrder":39},{"sectionNumber":"61","sectionType":"section","heading":"Regulator’s power to exempt category of heavy vehicles","content":"61 Regulator’s power to exempt category of heavy vehicles\nfrom compliance with heavy vehicle standard\nwith section 65, exempt, for a period of not more than 5 years, a\ncategory of heavy vehicles from the requirement to comply with a\nheavy vehicle standard.\n(2) An exemption under subsection (1) is a vehicle standards exemption\n","sortOrder":40},{"sectionNumber":"62","sectionType":"section","heading":"Restriction on grant of vehicle standards exemption","content":"62 Restriction on grant of vehicle standards exemption\n(1) The Regulator may grant a vehicle standards exemption (notice) for\na category of heavy vehicles only if—\n(a) 1 of the following applies—\n(i) the Regulator is satisfied complying with the heavy vehicle\nstandard to which the exemption is to apply would prevent\nheavy vehicles of that category from operating in the way\nin which, or for the purpose for which, the vehicles were\nbuilt or modified;\n(ii) the Regulator is satisfied heavy vehicles of that category\nare experimental vehicles, prototypes or similar vehicles\nthat could not reasonably be expected to comply with the\nheavy vehicle standard to which the exemption is to apply;\n(iii) the exemption has been requested by a road authority for a\nparticipating jurisdiction for the use of heavy vehicles of\nthat category in that jurisdiction;\n\n(iv) the category of heavy vehicles consists of heavy vehicles\nthat, immediately before the commencement of this section\nin a participating jurisdiction, were not required to comply\nwith a similar standard at that time and were—\n(A) registered under an Australian road law of that\njurisdiction and not required to comply with a similar\nstandard at that time; or\n(B) operating under an unregistered heavy vehicle permit\nor exemption from registration (however described)\ngranted or issued under an Australian road law of that\njurisdiction;\n(v) the category of heavy vehicles consists of heavy vehicles\nreferred to in the national regulations for the purposes of\nthis subparagraph; and\n(b) the Regulator is satisfied the use of heavy vehicles of the\ncategory to which the exemption is to apply on a road under the\nexemption will not pose a significant safety risk.\n(2) In deciding whether to grant a vehicle standards exemption (notice),\ngranting vehicle standards exemptions.\n(3) The national regulations may prescribe additional requirements or\nrestrictions regarding the granting of a vehicle standards exemption\n","sortOrder":41},{"sectionNumber":"63","sectionType":"section","heading":"Conditions of vehicle standards exemption (notice)","content":"63 Conditions of vehicle standards exemption (notice)\nA vehicle standards exemption (notice) may be subject to any\n(a) conditions about protecting road infrastructure from damage;\nand\n\n(b) a condition that the driver of a heavy vehicle who is driving the\nvehicle under the exemption must keep in the driver’s\n","sortOrder":42},{"sectionNumber":"64","sectionType":"section","heading":"Period for which vehicle standards exemption (notice)","content":"64 Period for which vehicle standards exemption (notice)\nA vehicle standards exemption (notice)—\n","sortOrder":43},{"sectionNumber":"65","sectionType":"section","heading":"Requirements about Commonwealth Gazette notice","content":"65 Requirements about Commonwealth Gazette notice\n(1) A Commonwealth Gazette notice for a vehicle standards exemption\n(a) the category of heavy vehicles to which the exemption applies;\n(b) the heavy vehicle standard to which the exemption applies;\n\n","sortOrder":44},{"sectionNumber":"66","sectionType":"section","heading":"Amendment or cancellation of vehicle standards","content":"66 Amendment or cancellation of vehicle standards\n(1) Each of the following is a ground for amending or cancelling a vehicle\nstandards exemption (notice)—\n(a) the use of heavy vehicles on a road under the exemption has\ncaused, or is likely to cause, a significant safety risk;\n(b) since the exemption was granted, there has been a change in\n(2) If the Regulator considers a ground exists to amend or cancel a\nvehicle standards exemption (notice), the Regulator may amend or\ncancel the exemption by complying with subsections (3) to (5).\n(a) stating that the Regulator believes a ground mentioned in\nsubsection (1)(a) or (b) for amending or cancelling the\nexemption exists; and\n\n","sortOrder":45},{"sectionNumber":"67","sectionType":"section","heading":"Immediate suspension on Regulator’s initiative","content":"67 Immediate suspension on Regulator’s initiative\nsuspend a vehicle standards exemption (notice) immediately to\nprevent or minimise serious harm to public safety or significant\ndamage to road infrastructure.\n(b) the Regulator publishes a notice under section 66(5) and the\namendment or cancellation takes effect under section 66(6);\n\n(4) The suspension, and (where relevant) the cancellation of the\n(5) This section applies despite section 66.\n","sortOrder":46},{"sectionNumber":"68","sectionType":"section","heading":"Regulator’s power to exempt particular heavy vehicle","content":"68 Regulator’s power to exempt particular heavy vehicle\nfrom compliance with heavy vehicle standard\nsection 73, exempt a heavy vehicle from compliance with a heavy\nvehicle standard for a period of not more than 3 years.\n(2) An exemption under subsection (1) is a vehicle standards exemption\n(3) A vehicle standards exemption (permit) may apply to 1 or more heavy\nvehicles.\n","sortOrder":47},{"sectionNumber":"69","sectionType":"section","heading":"Application for vehicle standards exemption (permit)","content":"69 Application for vehicle standards exemption (permit)\n(1) A person may apply to the Regulator for a vehicle standards\n(3) The Regulator may, by notice given to the applicant for a vehicle\nstandards exemption (permit), require the applicant to give the\nRegulator any additional information the Regulator reasonably\nrequires to decide the application.\n\n","sortOrder":48},{"sectionNumber":"70","sectionType":"section","heading":"Restriction on grant of vehicle standards exemption","content":"70 Restriction on grant of vehicle standards exemption\n(1) The Regulator may grant a vehicle standards exemption (permit) for\na heavy vehicle only if—\n(a) 1 of the following applies—\n(i) the Regulator is satisfied complying with the heavy vehicle\nstandard to which the exemption is to apply would prevent\nthe heavy vehicle from operating in the way in which, or\nfor the purpose for which, the vehicle was built or\nmodified;\n(ii) the Regulator is satisfied the heavy vehicle is an\nexperimental vehicle, prototype or similar vehicle that\ncould not reasonably be expected to comply with the heavy\nvehicle standard to which the exemption is to apply;\n(iii) the heavy vehicle, immediately before the commencement\nof this section in a participating jurisdiction, was not\nrequired to comply with a similar standard at that time and\nwas—\n(A) registered under an Australian road law of that\njurisdiction; or\n(B) operating under an unregistered heavy vehicle permit\nor exemption from registration (however described)\ngranted or issued under an Australian road law of that\njurisdiction; and\n(b) the Regulator is satisfied the use of the heavy vehicle on a road\nunder the exemption will not pose a significant safety risk.\n(2) In deciding whether to grant a vehicle standards exemption (permit),\ngranting vehicle standards exemptions.\n\n","sortOrder":49},{"sectionNumber":"71","sectionType":"section","heading":"Conditions of vehicle standards exemption (permit)","content":"71 Conditions of vehicle standards exemption (permit)\nA vehicle standards exemption (permit) may be subject to any\nexample, a condition about protecting road infrastructure from\ndamage.\n","sortOrder":50},{"sectionNumber":"72","sectionType":"section","heading":"Period for which vehicle standards exemption (permit)","content":"72 Period for which vehicle standards exemption (permit)\n(1) A vehicle standards exemption (permit) applies for the period stated\nin the permit for the exemption.\nvehicle standards exemption (permit).\n","sortOrder":51},{"sectionNumber":"73","sectionType":"section","heading":"Permit for vehicle standards exemption (permit) etc.","content":"73 Permit for vehicle standards exemption (permit) etc.\n(1) If the Regulator grants a vehicle standards exemption (permit) to a\n(b) if the Regulator’s decision to grant the exemption for a period\nor impose a condition on the exemption is a reviewable\ndecision—a notice stating the review and appeal information for\n(2) A permit for a vehicle standards exemption (permit) must state the\n(b) each heavy vehicle to which the exemption applies, including\nthe registration number of the vehicle if known when the permit\nis given;\n\n(c) the heavy vehicle standard to which the exemption applies;\n(d) the conditions of the exemption;\n(e) the period for which the exemption applies.\n","sortOrder":52},{"sectionNumber":"74","sectionType":"section","heading":"Refusal of application for vehicle standards exemption","content":"74 Refusal of application for vehicle standards exemption\nIf the Regulator refuses an application for a vehicle standards\n","sortOrder":53},{"sectionNumber":"75","sectionType":"section","heading":"Amendment or cancellation of vehicle standards","content":"75 Amendment or cancellation of vehicle standards\n(1) The holder of a permit for a vehicle standards exemption (permit)\nmay apply to the Regulator for an amendment or cancellation of the\n\n","sortOrder":54},{"sectionNumber":"76","sectionType":"section","heading":"Amendment or cancellation of vehicle standards","content":"76 Amendment or cancellation of vehicle standards\n(1) Each of the following is a ground for amending or cancelling a vehicle\nstandards exemption (permit)—\n(b) the holder of the permit for the exemption has contravened a\ncondition of the exemption;\n(c) the use of a heavy vehicle on a road under the exemption has\ncaused, or is likely to cause, a significant safety risk;\n(d) since the exemption was granted, there has been change in the\n\n(2) If the Regulator considers a ground exists to amend or cancel a\nvehicle standards exemption (permit) (the proposed action), the\nand\ndecision to amend or cancel the exemption.\n\n","sortOrder":55},{"sectionNumber":"77","sectionType":"section","heading":"Immediate suspension on Regulator’s initiative","content":"77 Immediate suspension on Regulator’s initiative\nsuspend a vehicle standards exemption (permit) immediately to\nprevent or minimise serious harm to public safety or significant\ndamage to road infrastructure.\nto the person to whom the permit was given, immediately suspend the\n(a) the Regulator gives the person an information notice under\nsection 76(4) and the amendment or cancellation takes effect\nunder section 76(5);\nis given to the person.\n(3) This section applies despite sections 75 and 76.\n","sortOrder":56},{"sectionNumber":"78","sectionType":"section","heading":"Minor amendment of vehicle standards exemption","content":"78 Minor amendment of vehicle standards exemption\nvehicle standards exemption (permit), amend the exemption in a\n\n","sortOrder":57},{"sectionNumber":"79","sectionType":"section","heading":"Return of permit","content":"79 Return of permit\n(1) If a person’s vehicle standards exemption (permit) is amended or\ncancelled, the Regulator may, by notice, require the person to return\nthe person’s permit for the exemption to the Regulator.\n","sortOrder":58},{"sectionNumber":"80","sectionType":"section","heading":"Replacement of defaced etc. permit","content":"80 Replacement of defaced etc. permit\n(1) If a person’s permit for a vehicle standards exemption (permit) is\ndefaced, destroyed, lost or stolen, the person must, as soon as\n(3) If the Regulator decides not to give the person a replacement permit,\nthe Regulator must give the person an information notice for the\n(4) Subsection (1) does not apply to a vehicle standards exemption\n(permit) for which an application to cancel the permit has been made\nand is pending determination.\n\nOperating under vehicle standards exemption Division 4\n","sortOrder":59},{"sectionNumber":"Div 4","sectionType":"division","heading":"Operating under vehicle standards","content":"Division 4 Operating under vehicle standards\n","sortOrder":60},{"sectionNumber":"81","sectionType":"section","heading":"Contravening condition of vehicle standards exemption","content":"81 Contravening condition of vehicle standards exemption\n(1) A person must not contravene a condition of a vehicle standards\nthat contravenes a condition of a vehicle standards exemption\napplying to the vehicle.\n(3) A person must not use a heavy vehicle, or permit a heavy vehicle to\nbe used, on a road in a way that contravenes a condition of a vehicle\nstandards exemption applying to the vehicle.\n(4) A person does not commit an offence against this Law in relation to\na heavy vehicle contravening a heavy vehicle standard if—\n(a) the heavy vehicle is exempt, under a vehicle standards\nexemption, from compliance with the heavy vehicle standard;\nand\n(b) the heavy vehicle, and its use on a road, complies with the\nconditions of the exemption.\n(5) However, if a person commits a condition offence in relation to the\nexemption—\n(a) the exemption does not operate in the person’s favour while the\ncontravention constituting the offence continues; and\n(b) the exemption must be disregarded in deciding whether the\nperson has committed an offence in relation to a contravention\nof a heavy vehicle standard applying to a heavy vehicle.\n\n(6) If, because of the operation of subsection (5), a person commits an\noffence against a provision of this Law (the other offence provision)\nin relation to a heavy vehicle standard to which the exemption applies,\nthe person—\n(a) may be charged with the condition offence or an offence against\nthe other offence provision; but\n(b) must not be charged with both offences.\n(7) Subsection (1) does not apply to a condition mentioned in\nsection 82(1).\ncondition offence means an offence against subsection (1), (2) or (3).\n","sortOrder":61},{"sectionNumber":"82","sectionType":"section","heading":"Keeping relevant document while driving under vehicle","content":"82 Keeping relevant document while driving under vehicle\nstandards exemption (notice)\n(1) This section applies if a vehicle standards exemption (notice) is\nsubject to the condition that the driver of a heavy vehicle who is\ndriving the vehicle under the exemption must keep a relevant\ndocument in the driver’s possession.\n(2) A driver of the heavy vehicle who is driving the vehicle under the\nvehicle standards exemption (notice) must comply with the condition.\nrelevant document, for a vehicle standards exemption (notice),\n\nOperating under vehicle standards exemption Division 4\nrelevant party, for the driver of a heavy vehicle, means—\n","sortOrder":62},{"sectionNumber":"83","sectionType":"section","heading":"Keeping copy of permit while driving under vehicle","content":"83 Keeping copy of permit while driving under vehicle\n(1) The driver of a heavy vehicle who is driving the vehicle under a\nvehicle standards exemption (permit) must keep a copy of the permit\nfor the exemption in the driver’s possession.\n(2) If the driver of a heavy vehicle is driving the vehicle under a vehicle\nstandards exemption (permit) granted to a relevant party for the driver\nand the relevant party has given the driver a copy of a permit for the\npurpose of subsection (1), the driver must, as soon as reasonably\npracticable, return the copy to the relevant party if the driver stops\nworking for the relevant party.\n\nrelevant party, for the driver of a heavy vehicle, means—\n\n","sortOrder":63},{"sectionNumber":"84","sectionType":"section","heading":"Definition for Pt 3.3","content":"84 Definition for Pt 3.3\nmodification, of a heavy vehicle, means—\n(a) the addition of a component to, or the removal of a component\nfrom, the vehicle; or\n(b) a change to the vehicle from the manufacturer’s specification\nfor the vehicle;\nbut does not include a modification to the vehicle that has been\napproved under the Road Vehicle Standards Act 2018, item 16(2) of\n","sortOrder":64},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"to the Road Vehicle Standards (Consequential and","content":"Schedule 3 to the Road Vehicle Standards (Consequential and\nTransitional Provisions) Act 2018 of the Commonwealth or the Motor\nVehicle Standards Act 1989 before the repeal of that Act.\n","sortOrder":65},{"sectionNumber":"85","sectionType":"section","heading":"Modifying heavy vehicle requires approval","content":"85 Modifying heavy vehicle requires approval\n(1) A person must not modify a heavy vehicle unless the modification\nhas been approved by—\n(a) an approved vehicle examiner under section 86; or\n(b) the Regulator under section 87.\nthat has been modified unless the modification has been approved\nby—\n(a) an approved vehicle examiner under section 86; or\n(b) the Regulator under section 87.\n\n(3) This section does not apply to a modification that complies with a\ncode of practice prescribed by the national regulations for the\npurposes of this section, section 86 or 87 that expressly states that a\nmodification of that type does not require approval.\n(4) A modification is taken to have been approved by an approved\nvehicle examiner under section 86 if—\n(a) the modification has been authorised under an Australian road\nlaw of a non-participating jurisdiction; and\n(b) a modification plate or label is fitted or affixed to a conspicuous\npart of the vehicle; and\n(c) the modification plate or label indicates that the modification\ncomplies with a code of practice prescribed by the national\nregulations for the purposes of section 86.\nauthorised includes approved and permitted.\nmodification plate or label means a plate or label that is stamped,\nengraved or marked so as to display information that relates to a\nmodification.\nnon-participating jurisdiction has the meaning given by section 221.\n","sortOrder":66},{"sectionNumber":"86","sectionType":"section","heading":"Approval of modifications by approved vehicle examiners","content":"86 Approval of modifications by approved vehicle examiners\n(1) An approved vehicle examiner may, if authorised to do so under the\nnational regulations, approve a modification of a heavy vehicle if, and\nonly if, the modification complies with a code of practice prescribed\nby the national regulations for the purposes of this section.\n\n(2) If an approved vehicle examiner approves a modification of a heavy\nvehicle, the examiner must—\n(a) give a certificate approving the modification, in the approved\nform, to—\n(i) the registered operator of the vehicle; or\n(ii) if there is no registered operator of the vehicle—an owner\nof the vehicle; and\n(b) ensure a plate or label that complies with subsection (3) is fitted\nor affixed to a conspicuous part of the vehicle.\n(3) For the purposes of subsection (2)(b), a plate or label complies with\nthis subsection if—\n(a) it is of a type approved by the Regulator; and\n(b) it is stamped, engraved or marked so as to display information\nthat relates to the modification and that is—\n(i) approved by the Regulator; or\n(ii) prescribed by the national regulations for the purposes of\n","sortOrder":67},{"sectionNumber":"87","sectionType":"section","heading":"Approval of modification by Regulator","content":"87 Approval of modification by Regulator\n(1) The Regulator may approve a modification of a heavy vehicle if the\n(a) the use on a road of the modified vehicle will not pose a\nsignificant safety risk; and\n(b) as to either or both of the following (as relevant)—\n(i) the modified vehicle will comply with applicable noise and\nemission standards prescribed by national regulations,\nexcept as provided by subparagraph (ii);\n\n(ii) the Regulator has exempted the modified vehicle from a\nnoise or emission standard referred to in subparagraph (i)\nand the Regulator is satisfied that the modified vehicle\ncomplies with the requirements of the exemption.\n(2) Subsection (1) applies whether or not the modification complies with\na code of practice prescribed by the national regulations prescribed\nfor the purposes of this section.\n(3) If the Regulator approves a modification of a heavy vehicle, the\nRegulator must—\n(a) give a certificate approving the modification, in the approved\nform, to—\n(i) the registered operator of the vehicle; or\n(ii) if there is no registered operator of the vehicle—an owner\nof the vehicle; and\n(b) ensure a plate or label that complies with subsection (4) is fitted\nor affixed to a conspicuous part of the vehicle.\n(4) For the purposes of subsection (3)(b), a plate or label complies with\nthis subsection if—\n(a) it is of a type approved by the Regulator; and\n(b) it is stamped, engraved or marked so as to display information\nthat relates to the modification and that is—\n(i) approved by the Regulator; or\n(ii) prescribed by the national regulations for the purposes of\n","sortOrder":68},{"sectionNumber":"87A","sectionType":"section","heading":"Person must not tamper with plate or label","content":"87A Person must not tamper with plate or label\n(1) A person must not tamper with a plate or label fitted or affixed to\na heavy vehicle under section 86(2) or 87(3).\n\n(2) In a proceeding for an offence against subsection (1), it is a defence\nfor the person to prove that the tampering was done with the written\napproval of the Regulator.\ntamper means alter, damage, remove or otherwise interfere with.\n","sortOrder":69},{"sectionNumber":"88","sectionType":"section","heading":"National regulations for heavy vehicle modification","content":"88 National regulations for heavy vehicle modification\nThe national regulations may provide for any matter relating to the\nmodification of heavy vehicles.\n\n","sortOrder":70},{"sectionNumber":"89","sectionType":"section","heading":"Safety requirement","content":"89 Safety requirement\nthat is unsafe.\n(2) For the purposes of subsection (1), a heavy vehicle is unsafe only if\nthe condition of the vehicle, or any of its components or equipment—\n(a) makes the use of the vehicle unsafe; or\n(b) endangers public safety.\n(3) Subsection (1) does not apply to a heavy vehicle for which a vehicle\ndefect notice is in force and that is being moved in accordance with\nthe terms of the notice.\n","sortOrder":71},{"sectionNumber":"90","sectionType":"section","heading":"Requirement about properly operating emission control","content":"90 Requirement about properly operating emission control\nthat is not fitted with an emission control system for each relevant\nemission if and as required by an applicable heavy vehicle standard.\nfitted with an emission control system that is not operating in\naccordance with the manufacturer’s design.\n\n(3) A person must not use, or permit to be used, on a road a heavy vehicle\nfitted with an emission control system if the operation of the system\nresults in a failure to comply with an applicable heavy vehicle\nstandard (whether in relation to the vehicle or in relation to the\nsystem).\n(4) Subsections (2) and (3) do not apply to a heavy vehicle that—\n(a) is on a journey to a place for the repair of the emission control\nsystem or any of the vehicle’s components or equipment that\naffect the operation of the emission control system; and\n(5) The national regulations may prescribe testing standards for relevant\nemissions from heavy vehicles.\nemission control system means a device or system fitted to a heavy\nvehicle that reduces the emission of a relevant emission from the\n","sortOrder":72},{"sectionNumber":"91","sectionType":"section","heading":"Person must not tamper with emission control system","content":"91 Person must not tamper with emission control system\nfitted to heavy vehicle\n(1) A person must not tamper with an emission control system fitted to a\n(2) An operator of a heavy vehicle must not use or permit the vehicle to\nbe used on a road if the vehicle is fitted with an emission control\nsystem that the operator knows or ought reasonably to know has been\ntampered with in contravention of subsection (1).\n\n(3) Subsection (1) does not apply to—\n(a) conduct associated with repairing a malfunctioning emission\ncontrol system or maintaining an emission control system; or\n(b) an authorised officer when exercising functions under this Law.\n(4) Subsection (2) does not apply to a heavy vehicle that—\n(a) is on a journey to a place for the repair of the emission control\nsystem or any of the vehicle’s components or equipment that\naffect the operation of the emission control system; and\nemission control system means a device or system fitted to a heavy\nvehicle that reduces the emission of a relevant emission from the\ntamper, with an emission control system fitted to a heavy vehicle,\nmeans alter, damage, remove, override or otherwise interfere with—\n(a) the system in a way that renders the system totally ineffective or\nless effective than as provided by an applicable heavy vehicle\nstandard or (in the absence of an applicable heavy vehicle\nstandard) as designed; or\n(b) the vehicle or any component of the vehicle in a way that renders\nthe system totally ineffective or less effective than as provided\nby an applicable heavy vehicle standard or (in the absence of an\napplicable heavy vehicle standard) as designed.\n\n","sortOrder":73},{"sectionNumber":"92","sectionType":"section","heading":"Display of warning signs required by heavy vehicle","content":"92 Display of warning signs required by heavy vehicle\nstandards on vehicles to which the requirement does not\napply\n(1) This section applies if, under the heavy vehicle standards, a warning\nsign is required to be displayed on a heavy vehicle of a particular type,\nsize or configuration.\nthat has the warning sign displayed on it unless the vehicle is of the\nparticular type, size or configuration.\nwarning sign means a sign indicating that the vehicle to which it is\nattached is of a particular type, size or configuration.\nExample of warning sign—\nA sign (consisting of 1 or more parts) showing the words ‘LONG VEHICLE’ or\n‘ROAD TRAIN’.\n","sortOrder":74},{"sectionNumber":"93","sectionType":"section","heading":"Person must not tamper with speed limiter fitted to heavy","content":"93 Person must not tamper with speed limiter fitted to heavy\nvehicle\n(1) A person must not tamper with a speed limiter that is required under\nan Australian road law or by order of an Australian court to be, and\nis, fitted to a heavy vehicle.\n(2) A person must not fit, or direct the fitting of, a speed limiter to a heavy\nvehicle in circumstances where the person knows or ought reasonably\nto know that the speed limiter has been tampered with in such a way\nthat, had it been fitted to the vehicle at the time of the tampering, an\noffence would have been committed against subsection (1).\n\n(3) An operator of a heavy vehicle must not use or permit the vehicle to\nbe used on a road if the operator knows, or ought reasonably to know,\nthat a speed limiter fitted to the vehicle, as required under an\nAustralian road law or by order of an Australian court, has been\ntampered with in contravention of subsection (1) or fitted to the\nvehicle in contravention of subsection (2).\n(4) Subsections (1) and (2) do not apply to—\n(a) conduct associated with repairing a malfunctioning speed\nlimiter or maintaining a speed limiter; or\n(b) an authorised officer when exercising functions under this Law.\n(5) Subsection (3) does not apply to a heavy vehicle that—\n(a) is on a journey to a place for the repair of the speed limiter or\nany of the vehicle’s components or equipment that affect the\noperation of the speed limiter; and\n(6) Subsection (3) applies whether or not a person has been proceeded\nagainst or found guilty of an offence against subsection (1) or (2) in\nrelation to the tampering.\nspeed limiter means a device or system that is used to limit the\nmaximum road speed of a heavy vehicle to which it is fitted and that\ncomplies with any applicable heavy vehicle standard.\n\ntamper, with a speed limiter fitted to a heavy vehicle, means alter,\ndamage, remove, override or otherwise interfere with the speed\nlimiter in a way that—\n(a) enables the vehicle to be driven at a speed higher than the speed\npermitted by an applicable heavy vehicle standard; or\n(b) alters, or may alter, any information recorded by the speed\nlimiter; or\n(c) results, or may result, in the speed limiter recording inaccurate\n\n","sortOrder":75},{"sectionNumber":"Part 4","sectionType":"part","heading":"Vehicle operations—mass,","content":"Chapter 4 Vehicle operations—mass,\ndimension and loading\n","sortOrder":76},{"sectionNumber":"94","sectionType":"section","heading":"Main purposes of Ch 4","content":"94 Main purposes of Ch 4\n(1) The main purposes of this Chapter are—\n(a) to improve public safety by decreasing risks to public safety\ncaused by excessively loaded or excessively large heavy\n(b) to minimise any adverse impact of excessively loaded or\nexcessively large heavy vehicles on road infrastructure or public\namenity.\n(2) The purposes are achieved by—\n(a) imposing mass requirements for heavy vehicles, particular\ncomponents of heavy vehicles, and loads on heavy vehicles; and\n(b) imposing dimension requirements on heavy vehicles including\non the vehicles (together with equipment), components or loads;\nand\n(c) imposing requirements about securing loads on heavy vehicles;\nand\n(d) restricting access to roads by heavy vehicles of a particular\nmass, size or configuration even if the vehicles comply with the\nmass requirements, dimension requirements and other\nrequirements mentioned in paragraphs (a) to (c).\n\nPreliminary Part 4.1\n(3) However, this Chapter recognises that the use of particular heavy\nvehicles that do not comply with the mass requirements, dimension\nrequirements and other requirements mentioned in subsection (2)(a)\nto (c) may be permitted on roads in particular circumstances and\nsubject to particular conditions—\n(a) to allow for—\n(i) the efficient road transport of goods or passengers by heavy\n(ii) the efficient use of large heavy vehicles that are\ntransporting neither goods nor passengers and need to use\nroads for special uses; and\n(b) without compromising the achievement of the purposes.\n\n","sortOrder":77},{"sectionNumber":"95","sectionType":"section","heading":"Prescribed mass requirements","content":"95 Prescribed mass requirements\n(1) The national regulations may prescribe requirements (the prescribed\nmass requirements) about the following—\n(a) the mass of heavy vehicles;\n(b) the mass of components of heavy vehicles.\n(2) Without limiting subsection (1), the prescribed mass requirements\nmay include the following—\n(a) requirements about mass limits relating to—\n(i) the tare mass of heavy vehicles; or\n(ii) the mass of heavy vehicles together with their loads; or\n(iii) the mass on tyres, axles or axle groups of heavy vehicles;\n(b) requirements about mass limits relating to axle spacing;\n(c) general mass limits applying to heavy vehicles or components\nof heavy vehicles.\n(3) Also, without limiting subsection (1) or (2), the prescribed mass\nrequirements may—\n(a) include mass limits that are to apply only to particular areas or\nroutes; and\n(b) authorise or require the Regulator to decide the areas or routes\nto which the mass limits are to apply.\n\nMass requirements Part 4.2\n(4) The national regulations may prescribe requirements (that are not\nprescribed mass requirements) about the use on roads of heavy\nvehicles under particular mass limits, including, for example—\n(a) a requirement that drivers of heavy vehicles using the vehicles\nunder mass limits applying only to particular areas or routes\ndecided by the Regulator must comply with conditions on the\nuse of heavy vehicles on roads under the mass limits imposed\nby the Regulator (including conditions required by road\nmanagers for the roads); and\n(b) a requirement that drivers of heavy vehicles who are driving the\nvehicles under particular mass limits must carry particular\ndocuments; and\n(c) a requirement that a particular document or other thing must be\ndisplayed on heavy vehicles used under particular mass limits.\ntare mass, of a heavy vehicle, means the mass of the vehicle that—\n(a) is ready for service; and\n(b) is fitted with all standard equipment, together with any options\nthat are fitted; and\n(c) is unoccupied and unladen; and\n(d) has all fluid reservoirs (other than for fuel) filled to nominal\ncapacity; and\n(e) has 10 litres of fuel in the fuel reservoir or reservoirs (but\nexcluding any loaded fuel in excess of 10 litres).\n\n","sortOrder":78},{"sectionNumber":"96","sectionType":"section","heading":"Compliance with mass requirements","content":"96 Compliance with mass requirements\ncomponents and load, comply with the mass requirements applying\nto the vehicle, unless the person has a reasonable excuse.\n(c) for a severe risk breach—$10000, plus an additional maximum\n$500 for every additional 1% over a 120% overload (but so that\nthe additional maximum penalty does not exceed $20000).\n(4) If a PBS vehicle is authorised by its PBS vehicle approval to have a\nmass limit that exceeds a limit that would otherwise apply to the\nvehicle under a prescribed mass requirement, the authorised limit is\ntaken to be the applicable limit, and the vehicle is regarded for the\npurposes of this Law as complying with the prescribed mass\n(4A) However, if a PBS vehicle is driven on a road other than in\naccordance with a class 2 heavy vehicle authorisation—\n(a) subsection (4) does not apply to the vehicle; and\n(b) the mass limit that would otherwise apply to the vehicle under a\nprescribed mass requirement applies to the vehicle.\n(5) This section does not apply to a specified PBS vehicle as defined in\nsection 136(2).\nIf a specified PBS vehicle does not comply with the mass requirements\napplying to the vehicle, it would be a class 2 heavy vehicle and could be\ndealt with under section 137.\n\nMass requirements Part 4.2\nCategories of breaches of mass requirements Division 2\nDivision 2 Categories of breaches of mass\n","sortOrder":79},{"sectionNumber":"97","sectionType":"section","heading":"Definitions for Div 2","content":"97 Definitions for Div 2\nsevere risk breach lower limit, for a particular mass requirement\napplying to a heavy vehicle, means a mass equalling 120% of the\nmaximum mass (rounded up to the nearest 0.1t) permitted for the\nvehicle under that mass requirement.\nsubstantial risk breach lower limit, for a particular mass requirement\napplying to a heavy vehicle, means the higher of the following—\n(a) a mass equalling 105% of the maximum mass (rounded up to the\nnearest 0.1t) permitted for the vehicle under that mass\nrequirement;\n(b) 0.5t.\n","sortOrder":80},{"sectionNumber":"98","sectionType":"section","heading":"Minor risk breach","content":"98 Minor risk breach\na minor risk breach if the subject matter of the contravention is less\nthan the substantial risk breach lower limit for the requirement.\n","sortOrder":81},{"sectionNumber":"99","sectionType":"section","heading":"Substantial risk breach","content":"99 Substantial risk breach\na substantial risk breach if the subject matter of the contravention\nis—\n(a) equal to or greater than the substantial risk breach lower limit\nfor the requirement; and\n(b) less than the severe risk breach lower limit for the requirement.\n\nDivision 2 Categories of breaches of mass requirements\n","sortOrder":82},{"sectionNumber":"100","sectionType":"section","heading":"Severe risk breach","content":"100 Severe risk breach\na severe risk breach if the subject matter of the contravention is equal\nto or greater than the severe risk breach lower limit for the\n\n","sortOrder":83},{"sectionNumber":"101","sectionType":"section","heading":"Prescribed dimension requirements","content":"101 Prescribed dimension requirements\n(1) The national regulations may prescribe requirements (the prescribed\ndimension requirements) about the following—\n(a) the dimensions of a heavy vehicle (together with its equipment);\n(b) the dimensions of a component of a heavy vehicle;\n(c) the dimensions of a heavy vehicle’s load.\n(2) Without limiting subsection (1), the prescribed dimension\nrequirements may include requirements about the following—\n(a) the dimensions of a heavy vehicle (together with its equipment)\ndisregarding its load;\n(b) the dimensions of a heavy vehicle together with its equipment\nand load;\n(c) the dimensions by which a heavy vehicle’s load projects from\nthe vehicle;\n(d) the internal measurements of a heavy vehicle, including, for\n(i) the distance between components of the vehicle; and\n(ii) for a combination, the distance between—\n(A) the component vehicles of the combination; or\n(B) a component vehicle of the combination and a\ncomponent of another component vehicle of the\ncombination.\n\n(3) The national regulations may also prescribe requirements (that are not\nprescribed dimension requirements) about the use of a vehicle to\nwhich a dimension requirement applies, including, for example,\nrequirements about the use of signs and warning devices.\n","sortOrder":84},{"sectionNumber":"102","sectionType":"section","heading":"Compliance with dimension requirements","content":"102 Compliance with dimension requirements\ncomponents and load, comply with the dimension requirements\napplying to the vehicle, unless the person has a reasonable excuse.\n(a) if the heavy vehicle does not have goods or passengers in it—\n$3000; or\n(b) if the heavy vehicle has goods or passengers in it—\n(i) for a minor risk breach—$3000; or\n(ii) for a substantial risk breach—$5000; or\n(iii) for a severe risk breach—$10000.\n(4) If a PBS vehicle is authorised by its PBS vehicle approval to have a\ndimension that exceeds a dimension limit that would otherwise apply\nto the vehicle under a prescribed dimension requirement, the\nauthorised dimension is taken to be the applicable dimension, and the\nvehicle is regarded for the purposes of this Law as complying with\nthe prescribed dimension requirement.\n(5) However, if a PBS vehicle is driven on a road other than in\naccordance with a class 2 heavy vehicle authorisation—\n(a) subsection (4) does not apply to the vehicle; and\n(b) the dimension limit that would otherwise apply to the vehicle\nunder a prescribed dimension requirement applies to the vehicle.\n\nCategories of breaches of dimension requirements Division 2\nDivision 2 Categories of breaches of dimension\n","sortOrder":85},{"sectionNumber":"103","sectionType":"section","heading":"Application of Div 2","content":"103 Application of Div 2\nThis Division applies to a heavy vehicle only while it is carrying\ngoods or passengers.\n","sortOrder":86},{"sectionNumber":"104","sectionType":"section","heading":"Definitions for Div 2","content":"104 Definitions for Div 2\nsevere risk breach lower limit means—\n(a) for a particular dimension requirement applying to a heavy\nvehicle relating to its length—the length equalling the maximum\nlength permitted for the vehicle under the dimension\nrequirement plus 600mm; or\n(b) for a particular dimension requirement applying to a heavy\nvehicle relating to its width—the width equalling the maximum\nwidth permitted for the vehicle under the dimension requirement\nplus 80mm; or\n(c) for a particular dimension requirement applying to a heavy\nvehicle relating to its height—the height equalling the maximum\nheight permitted for the vehicle under the dimension\nrequirement plus 300mm; or\n(d) for a particular dimension requirement applying to a heavy\nvehicle relating to its load projection—the projection of the\nvehicle’s load equalling the maximum load projection permitted\nfrom any side of the vehicle under the dimension requirement\nplus 80mm.\n\nsubstantial risk breach lower limit means—\n(a) for a particular dimension requirement applying to a heavy\nvehicle relating to its length—the length equalling the maximum\nlength permitted for the vehicle under the dimension\nrequirement plus 350mm; or\n(b) for a particular dimension requirement applying to a heavy\nvehicle relating to its width—the width equalling the maximum\nwidth permitted for the vehicle under the dimension requirement\nplus 40mm; or\n(c) for a particular dimension requirement applying to a heavy\nvehicle relating to its height—the height equalling the maximum\nheight permitted for the vehicle under the dimension\nrequirement plus 150mm; or\n(d) for a particular dimension requirement applying to a heavy\nvehicle relating to its load projection—the projection of the\nvehicle’s load equalling the maximum load projection permitted\nfrom any side of the vehicle under the dimension requirement\nplus 40mm.\n","sortOrder":87},{"sectionNumber":"105","sectionType":"section","heading":"Minor risk breach","content":"105 Minor risk breach\nA contravention of a dimension requirement applying to a heavy\nvehicle is a minor risk breach if—\n(a) the dimension requirement relates to the vehicle’s ground\nclearance; or\n(b) for a contravention of any other dimension requirement—the\nsubject matter of the contravention is less than the substantial\nrisk breach lower limit for the requirement.\n\nCategories of breaches of dimension requirements Division 2\n","sortOrder":88},{"sectionNumber":"106","sectionType":"section","heading":"Substantial risk breach","content":"106 Substantial risk breach\n(1) A contravention of a dimension requirement applying to a heavy\nvehicle is a substantial risk breach if—\n(a) the subject matter of the contravention is—\n(i) equal to or greater than a substantial risk breach lower limit\nfor the requirement; and\n(ii) less than the severe risk breach lower limit for the\n(b) the requirement is a substantial risk breach of a dimension\nrequirement under subsection (2) or (3).\n(2) A contravention of a dimension requirement applying to a heavy\nvehicle relating to its length is a substantial risk breach if—\n(a) the contravention would only be a minor risk breach of the\ndimension requirement if this subsection were not enacted; and\n(i) the rear of the vehicle’s load does not carry a sign or\nwarning device required by the national regulations; or\n(ii) the vehicle’s load projects in a way that is dangerous to\npersons or property.\n(3) A contravention of a dimension requirement applying to a heavy\nvehicle relating to its width is a substantial risk breach if—\n(a) the contravention would only be a minor risk breach of the\ndimension requirement if this subsection were not enacted; and\n\n(b) the contravention happens—\n(i) at night; or\n(ii) in hazardous weather conditions causing reduced visibility.\nSee also section 108(3).\n","sortOrder":89},{"sectionNumber":"107","sectionType":"section","heading":"Severe risk breach","content":"107 Severe risk breach\n(1) A contravention of a dimension requirement applying to a heavy\nvehicle is a severe risk breach if—\n(a) the subject matter of the contravention is equal to or greater than\nthe severe risk breach lower limit for the dimension\n(b) the contravention is a severe risk breach of the dimension\nrequirement under subsection (2) or (3).\n(2) A contravention of a dimension requirement applying to a heavy\nvehicle relating to its length is a severe risk breach if—\n(a) the contravention would only be a substantial risk breach of the\ndimension requirement as provided by section 106(1)(a) if this\nsubsection were not enacted; and\n(i) the rear of the vehicle’s load does not carry a sign or\nwarning device required by the national regulations; or\n(ii) the vehicle’s load projects from it in a way that is\ndangerous to persons or property.\n(3) A contravention of a dimension requirement applying to a heavy\nvehicle relating to its width is a severe risk breach if—\n(a) the contravention would only be a substantial risk breach of the\ndimension requirement as provided by section 106(1)(a) if this\nsubsection were not enacted; and\n\nOther provisions relating to load projections Division 3\n(i) the contravention happens—\n(A) at night; or\n(B) in hazardous weather conditions causing reduced\nvisibility; or\n(ii) the vehicle’s load projects from it in a way that is\ndangerous to persons or property.\n","sortOrder":90},{"sectionNumber":"Div 3","sectionType":"division","heading":"Other provisions relating to load","content":"Division 3 Other provisions relating to load\nprojections\n","sortOrder":91},{"sectionNumber":"108","sectionType":"section","heading":"Dangerous projections taken to be contravention of","content":"108 Dangerous projections taken to be contravention of\ndimension requirement\n(1) This section applies if a heavy vehicle’s load projects in a way that is\ndangerous to persons or property even if all dimension requirements,\nand all warning and other requirements prescribed by the national\nregulations, are met.\n(2) The projection of the load is taken to be—\n(a) a contravention of a dimension requirement; and\n(b) a minor risk breach of that requirement unless subsection (3)\n(3) The projection of the load is taken to be—\n(a) a contravention of a dimension requirement; and\n(b) a substantial risk breach of that requirement if the contravention\nhappens—\n(i) at night; or\n(ii) in hazardous weather conditions causing reduced visibility.\n\nDivision 3 Other provisions relating to load projections\n","sortOrder":92},{"sectionNumber":"109","sectionType":"section","heading":"Warning signals required for rear projection of loads","content":"109 Warning signals required for rear projection of loads\n(a) a load projects more than 1.2m behind a heavy vehicle\nconsisting of only a motor vehicle; or\n(b) a load projects more than 1.2m behind either the towing vehicle\nor a trailer in a heavy combination; or\n(c) a load projects from a pole-type trailer in a heavy combination;\nor\n(d) a load projects from a heavy vehicle in a way that it would not\nbe readily visible to a person following immediately behind the\n(2) A person must not use the heavy vehicle, or permit the heavy vehicle\nto be used, on a road unless—\n(a) during the daytime—a brightly coloured red, red and yellow, or\nyellow flag at least 300mm by 300mm is fixed to the extreme\nback of the load; or\n(b) at night—a light showing a clear red light to the back, visible at\na distance of at least 200m, is fixed to the extreme back of the\nload.\n\nLoading requirements Part 4.4\n","sortOrder":93},{"sectionNumber":"110","sectionType":"section","heading":"National regulations may prescribe loading requirements","content":"110 National regulations may prescribe loading requirements\n(1) The national regulations may prescribe requirements (the loading\nrequirements) about securing a load on a heavy vehicle or a\ncomponent of a heavy vehicle.\n(2) Without limiting subsection (1), the loading requirements may\ninclude requirements about the restraint or positioning of a load or\nany part of it on a motor vehicle or trailer.\n","sortOrder":94},{"sectionNumber":"111","sectionType":"section","heading":"Compliance with loading requirements","content":"111 Compliance with loading requirements\ncomponents and load, comply with the loading requirements applying\nto the vehicle, unless the person has a reasonable excuse.\n(a) for a minor risk breach—$3000; or\n(b) for a substantial risk breach—$5000; or\n(c) for a severe risk breach—$10000.\nDivision 2 Categories of breaches of loading\n","sortOrder":95},{"sectionNumber":"112","sectionType":"section","heading":"Minor risk breach","content":"112 Minor risk breach\nA contravention of a loading requirement applying to a heavy vehicle\nis a minor risk breach if—\n(a) the subject matter of the contravention does not involve a loss\nor shifting of the load; and\n\nDivision 2 Categories of breaches of loading requirements\n(b) had the subject matter of the contravention involved a loss or\nshifting of the load, the loss or shifting of the load would not\nhave been likely to have involved—\n(i) an appreciable safety risk; or\n(ii) an appreciable risk of—\n(A) damage to road infrastructure; or\n(B) causing an adverse effect on public amenity.\n","sortOrder":96},{"sectionNumber":"113","sectionType":"section","heading":"Substantial risk breach","content":"113 Substantial risk breach\n(1) A contravention of a loading requirement applying to a heavy vehicle\nis a substantial risk breach if the subject matter of the contravention\ninvolves a loss or shifting of the load that does not involve—\n(a) an appreciable safety risk; or\n(b) an appreciable risk of—\n(i) damage to road infrastructure; or\n(ii) causing an adverse effect on public amenity.\n(2) A contravention of a loading requirement applying to a heavy vehicle\nis also a substantial risk breach if—\n(a) the subject matter of the contravention does not involve a loss\nor shifting of the load; and\n(b) had the subject matter of the contravention involved a loss or\nshifting of the load, the loss or shifting of the load would have\nbeen likely to have involved—\n(i) an appreciable safety risk; or\n(ii) an appreciable risk of—\n(A) damage to road infrastructure; or\n(B) causing an adverse effect on public amenity.\n\nLoading requirements Part 4.4\nEvidentiary provision Division 3\n","sortOrder":97},{"sectionNumber":"114","sectionType":"section","heading":"Severe risk breach","content":"114 Severe risk breach\nA contravention of a loading requirement applying to a heavy vehicle\nis a severe risk breach if the subject matter of the contravention\ninvolves a loss or shifting of the vehicle’s load that involves—\n(a) an appreciable safety risk; or\n(b) an appreciable risk of—\n(i) damage to road infrastructure; or\n(ii) causing an adverse effect on public amenity.\nDivision 3 Evidentiary provision\n","sortOrder":98},{"sectionNumber":"115","sectionType":"section","heading":"Proof of contravention of loading requirement","content":"115 Proof of contravention of loading requirement\n(1) In a proceeding for an offence against Division 1, the following is\nevidence that a load on a heavy vehicle was not placed, secured or\nrestrained in compliance with a loading requirement applying to the\n(a) evidence that the load was not placed, secured or restrained in a\nway that met a loading performance standard;\n(b) evidence that a load, or part of a load, has fallen off a heavy\n(2) The national regulations may prescribe standards (the loading\nperformance standards) for heavy vehicles.\n\nPart 4.5 Exemptions for particular\novermass or oversize vehicles\n","sortOrder":99},{"sectionNumber":"116","sectionType":"section","heading":"Class 1 heavy vehicles and class 3 heavy vehicles","content":"116 Class 1 heavy vehicles and class 3 heavy vehicles\n(1) A heavy vehicle is a class 1 heavy vehicle if it, together with its load,\ndoes not comply with a prescribed mass requirement or prescribed\ndimension requirement applying to it, and—\n(a) it is a special purpose vehicle; or\n(b) it is an agricultural vehicle other than an agricultural trailer; or\nSee subsection (2) for agricultural trailers.\n(c) it—\n(i) is a heavy vehicle carrying, or designed for the purpose of\ncarrying, a large indivisible item, including, for example, a\ncombination including a low loader; but\n(ii) is not a road train or B-double, or carrying a freight\ncontainer designed for multi-modal transport.\n(2) An agricultural trailer is a class 1 heavy vehicle, irrespective of\nwhether it, together with its load, does or does not comply with a\nprescribed mass requirement or prescribed dimension requirement\napplying to it.\n(3) A heavy vehicle is a class 3 heavy vehicle if—\n(a) it, together with its load, does not comply with a prescribed mass\nrequirement or prescribed dimension requirement applying to it;\nand\n(b) it is not a class 1 heavy vehicle.\n\nconcrete pump means a vehicle with a component that can be used to\ntransfer liquid concrete by pumping.\nlarge indivisible item means an item that—\n(a) can not be divided without extreme effort, expense or risk of\ndamage to it; and\n(b) can not be carried on any heavy vehicle without contravening a\nmass requirement or dimension requirement.\nlow loader means a trailer with a loading deck no more than 1m above\nthe ground.\nspecial purpose vehicle means—\n(a) a motor vehicle or trailer, other than an agricultural vehicle or a\ntow truck, built for a purpose other than transporting goods by\nroad; or\n(b) a concrete pump or fire truck.\nDivision 2 Exemptions by Commonwealth\n","sortOrder":100},{"sectionNumber":"117","sectionType":"section","heading":"Regulator’s power to exempt category of class 1 or 3","content":"117 Regulator’s power to exempt category of class 1 or 3\nheavy vehicles from compliance with mass or dimension\nwith section 121, exempt, for a period of not more than 5 years, a\nstated category of class 1 heavy vehicles or class 3 heavy vehicles\nfrom—\n(a) a prescribed mass requirement; or\n(b) a prescribed dimension requirement.\n\n(2) An exemption under subsection (1) is a mass or dimension\nSee Division 3 of Part 4.7 in relation to amendment, suspension or\ncancellation of a mass or dimension exemption (notice).\n","sortOrder":101},{"sectionNumber":"118","sectionType":"section","heading":"Restriction on grant of mass or dimension exemption","content":"118 Restriction on grant of mass or dimension exemption\n(1) The Regulator may grant a mass or dimension exemption (notice) for\na category of heavy vehicles only if—\n(a) the Regulator is satisfied the use of heavy vehicles of that\ncategory on a road under the exemption will not pose a\nsignificant risk to public safety; and\n(b) each relevant road manager for the exemption has consented to\nthe grant; and\nexemption under the law of the relevant jurisdiction have been\nobtained or given.\n(2) In deciding whether to grant a mass or dimension exemption (notice),\ngranting mass or dimension exemptions.\n","sortOrder":102},{"sectionNumber":"119","sectionType":"section","heading":"Conditions of mass or dimension exemption (notice)","content":"119 Conditions of mass or dimension exemption (notice)\n(1) A mass or dimension exemption (notice)—\n(a) must include a condition about the areas or routes to which the\nexemption applies; and\n(b) is subject to conditions prescribed by the national regulations for\n(c) must be subject to the road conditions or travel conditions\nrequired for the exemption; and\n\n(d) may be subject to any other conditions the Regulator considers\n(i) conditions about 1 or more matters mentioned in Schedule\n2; and\nprogram conditions; and\n(iii) a condition that the driver of a class 1 heavy vehicle or class\n3 heavy vehicle who is driving the vehicle under the\nexemption must keep in the driver’s possession a copy of—\n(A) the Commonwealth Gazette notice for the exemption;\nor\n(B) an information sheet about the exemption published\nby the Regulator on the Regulator’s website.\n(2) Without limiting subsection (1)(a), the condition under the subsection\nabout areas or routes may be imposed by—\n(a) applying by reference a stated map or stated list, not in the\nnotice, prepared and published by the relevant road authority or\nthe Regulator; and\n(b) referring to the areas or routes shown on the stated map or stated\nlist.\n(3) Without limiting subsection (1)(c), road conditions or travel\nconditions under the subsection may be imposed by referring to road\nconditions or travel conditions shown on a stated map or stated list\napplied under subsection (2)(a).\n\n(4) If the notice applies a stated map or stated list—\n(a) the Regulator may amend the stated map or stated list prepared\nand published by it and the relevant road authority may amend\nthe stated map or stated list prepared and published by it, but\nonly by omitting, varying or extending—\n(i) the areas or routes mentioned in subsection (2)(b); or\n(ii) the road conditions or travel conditions mentioned in\nsubsection (3);\nincluding by adding additional areas, routes, road conditions or\ntravel conditions; and\n(b) the Regulator must ensure a copy of the stated map or stated list\nas in force from time to time is—\n(i) made available for inspection, without charge, during\nnormal business hours at each office of the Regulator; and\n(ii) published on the Regulator’s website or published by way\nof a reference or link published on the Regulator’s website.\nThe Regulator must publish a stated map or stated list whether the\nRegulator or a relevant road authority originally prepared and published\nit as mentioned in subsection (2).\n(5) Despite subsection (4)(a), a road authority may only amend a map or\nlist in a way that affects a particular road if—\n(a) the road authority is the road manager for the road; or\n(b) the road authority is not the road manager for the road and has\nbeen advised by the Regulator that the Regulator has obtained\nthe consent of the road manager for the amendment.\n\n(6) Without limiting the conditions that may be prescribed under\nsubsection (1)(b), the national regulations may—\n(a) prescribe conditions that are to apply only to particular areas or\nroads; and\n(b) authorise the Regulator to decide the areas or roads to which the\nconditions are to apply.\nrelevant road authority, for a mass or dimension exemption (notice),\nmeans the road authority for the participating jurisdiction in which\nthe road likely to be travelled under the exemption is situated.\n","sortOrder":103},{"sectionNumber":"119A","sectionType":"section","heading":"Process for amending a stated map or stated list","content":"119A Process for amending a stated map or stated list\n(1) This section applies to the amendment of a stated map or stated list\nmentioned in section 119.\n(2) For the purpose of an amendment by the Regulator only adding an\nadditional area or route to a stated map or stated list—\n(a) section 118 applies; and\n(b) Division 2 of Part 4.7 applies to the extent the division relates to\nthe grant of a mass or dimension exemption (notice); and\n(c) Division 3 of Part 4.7 does not apply.\n(3) For the purpose of subsection (2), section 118 and Division 2 of\nPart 4.7 apply as if—\n(a) a reference to the grant of a mass or dimension exemption\n(notice) or a mass or dimension authority were a reference to the\nadding of the additional area or route; and\n\n(b) a reference to the relevant road manager for a mass or dimension\nexemption (notice) or a mass or dimension authority were a\nreference to the relevant road manager for the exemption or\n(4) For the purpose of an amendment by the relevant road authority only\nadding an additional area or route to, or only removing a road\ncondition or travel condition from, a stated map or stated list, section\n118 and Part 4.7 do not apply.\n(5) For the purpose of an amendment by the Regulator or a relevant road\nauthority if subsections (2) to (4) do not apply, Division 3 of Part 4.7\napplies to the extent the Division relates to the amendment of a mass\nor dimension exemption (notice).\n(6) For subsection (5), Division 3 of Part 4.7 applies as if—\n(a) a reference to the amendment of a mass or dimension authority\nwere a reference to the amendment of the stated map or stated\nlist; and\n(b) a reference to the Regulator were a reference to the Regulator or\nthe relevant road authority, whichever is amending the stated\nmap or stated list; and\n(c) a reference to the relevant road manager for a mass or dimension\nauthority were a reference to the relevant road manager for the\n","sortOrder":104},{"sectionNumber":"120","sectionType":"section","heading":"Period for which mass or dimension exemption (notice)","content":"120 Period for which mass or dimension exemption (notice)\nA mass or dimension exemption (notice)—\n\n","sortOrder":105},{"sectionNumber":"121","sectionType":"section","heading":"Requirements about Commonwealth Gazette notice","content":"121 Requirements about Commonwealth Gazette notice\n(1) A Commonwealth Gazette notice for a mass or dimension exemption\n(a) the category of heavy vehicles to which the exemption applies;\n(b) the mass requirement or dimension requirement to which the\n(c) the areas or routes to which the exemption applies;\n(d) the conditions mentioned in section 119(1)(b), including, for\nexample, by referencing the relevant provision of the national\n(e) the road conditions or travel conditions required by a relevant\nroad manager for the exemption under section 160 or 161;\n(f) the other conditions of the exemption;\n(g) the period for which the exemption applies.\n\n","sortOrder":106},{"sectionNumber":"122","sectionType":"section","heading":"Regulator’s power to exempt particular class 1 or class 3","content":"122 Regulator’s power to exempt particular class 1 or class 3\nheavy vehicle from compliance with mass or dimension\nsection 127, exempt, for a period of not more than 3 years—\n(a) a class 1 heavy vehicle or class 3 heavy vehicle from compliance\n(i) a prescribed mass requirement; or\n(ii) a prescribed dimension requirement; or\n(b) a class 1 heavy vehicle or class 3 heavy vehicle from a\nrequirement relating to the GCM of the vehicle, if subsection (2)\n(2) The Regulator may, under subsection (1), exempt a class 1 heavy\nvehicle or class 3 heavy vehicle that includes 2 or more prime movers\nor 2 or more hauling units from compliance with a mass requirement\nrelating to the GCM of the individual prime movers or hauling units\nif the total GCM of the prime movers or hauling units complies with\nthe mass requirement relating to the GCM of the combined prime\nmovers or hauling units.\n(3) An exemption under subsection (1) is a mass or dimension\n(4) A mass or dimension exemption (permit) may apply to 1 or more\nSee Division 4 of Part 4.7 in relation to amendment, suspension or\ncancellation of a mass or dimension exemption (permit).\n\n","sortOrder":107},{"sectionNumber":"123","sectionType":"section","heading":"Application for mass or dimension exemption (permit)","content":"123 Application for mass or dimension exemption (permit)\n(1) A person may apply to the Regulator for a mass or dimension\n","sortOrder":108},{"sectionNumber":"124","sectionType":"section","heading":"Restriction on grant of mass or dimension exemption","content":"124 Restriction on grant of mass or dimension exemption\n(1) The Regulator may grant a mass or dimension exemption (permit) for\na heavy vehicle only if—\n(a) the Regulator is satisfied the use of the heavy vehicle on a road\nunder the exemption will not pose a significant risk to public\nsafety; and\n(b) each relevant road manager for the exemption has consented to\nthe grant; and\nexemption under the law of the relevant jurisdiction have been\nobtained by the applicant or have been otherwise given.\n(2) In deciding whether to grant a mass or dimension exemption (permit),\ngranting mass or dimension exemptions.\n\n","sortOrder":109},{"sectionNumber":"125","sectionType":"section","heading":"Conditions of mass or dimension exemption (permit)","content":"125 Conditions of mass or dimension exemption (permit)\n(1) A mass or dimension exemption (permit)—\n(a) must include a condition about the areas or routes to which the\nexemption applies; and\n(b) is subject to conditions prescribed by the national regulations for\n(c) must be subject to the road conditions or travel conditions\nrequired by a relevant road manager for the exemption under\n(d) may be subject to any other conditions the Regulator considers\n(i) conditions about 1 or more matters mentioned in\nSchedule 2; and\nprogram conditions.\n(2) Without limiting the conditions that may be prescribed under\nsubsection (1)(b), the national regulations may—\n(a) prescribe conditions that are to apply only to particular areas or\nroads; and\n(b) authorise the Regulator to decide the areas or roads to which the\nconditions are to apply.\n","sortOrder":110},{"sectionNumber":"126","sectionType":"section","heading":"Period for which mass or dimension exemption (permit)","content":"126 Period for which mass or dimension exemption (permit)\n(1) A mass or dimension exemption (permit) applies for the period stated\nin the permit for the exemption.\nmass or dimension exemption (permit).\n\n","sortOrder":111},{"sectionNumber":"127","sectionType":"section","heading":"Permit for mass or dimension exemption (permit) etc.","content":"127 Permit for mass or dimension exemption (permit) etc.\n(1) If the Regulator grants a mass or dimension exemption (permit) to a\n(b) a notice stating the review and appeal information for any of the\nfollowing decisions that is a reviewable decision—\n(i) the Regulator’s decision to grant the exemption for a period\nor impose a condition on the exemption;\n(ii) a relevant road manager’s decision to consent to the grant\nof the exemption subject to a condition that a road\ncondition or travel condition be imposed on the exemption.\n(2) A permit for a mass or dimension exemption (permit) must state the\n(b) a description of each heavy vehicle to which the exemption\napplies, including the registration number of the vehicle if it is\nregistered;\n(c) the mass requirement or dimension requirement to which the\n(d) the areas or routes to which the exemption applies;\n(e) the conditions mentioned in section 125(1)(b), including, for\nexample, by referencing the relevant provision of the national\n(f) the road conditions or travel conditions required by a relevant\nroad manager for the exemption under section 160 or 161;\n\n(g) the other conditions of the exemption;\n(h) the period for which the exemption applies.\n","sortOrder":112},{"sectionNumber":"128","sectionType":"section","heading":"Refusal of application for mass or dimension exemption","content":"128 Refusal of application for mass or dimension exemption\nIf the Regulator refuses an application for a mass or dimension\nSee section 166 for the requirements for an information notice relating to\na relevant road manager’s decision not to give consent to the grant of a\nmass or dimension exemption (permit).\nDivision 4 Operating under mass or dimension\n","sortOrder":113},{"sectionNumber":"129","sectionType":"section","heading":"Contravening condition of mass or dimension exemption","content":"129 Contravening condition of mass or dimension exemption\ngenerally\n(1) The driver or operator of a heavy vehicle being used on a road under\na mass or dimension exemption must not contravene a condition of\nthe exemption.\nthat contravenes a condition of a mass or dimension exemption\napplying to the vehicle.\n(3) A person must not use a heavy vehicle, or permit a heavy vehicle to\nbe used, on a road in a way that contravenes a condition of a mass or\ndimension exemption applying to the vehicle.\n\n(4) A person does not commit an offence against this Law in relation to\na heavy vehicle contravening a mass requirement or dimension\nrequirement if—\n(a) the vehicle is exempt, under a mass or dimension exemption,\nfrom compliance with the mass requirement or dimension\nrequirement; and\n(b) the vehicle, and its use on a road, complies with the conditions\nof the exemption.\n(5) However, if a person commits a condition offence—\n(a) the exemption does not operate in the person’s favour while the\ncontravention constituting the offence continues; and\n(b) the exemption must be disregarded in deciding—\n(i) whether the person has committed an offence in relation to\na contravention of a mass requirement or dimension\nrequirement applying to a heavy vehicle; and\n(ii) the risk category for the contravention.\n(6) If, because of the operation of subsection (5), a person commits an\noffence against a provision of this Law (the other offence provision)\nin relation to a mass requirement or dimension requirement to which\nan exemption under this Part applies, the person—\n(a) may be charged with the condition offence or an offence against\nthe other offence provision; but\n(b) must not be charged with both offences.\n(7) Subsection (1) does not apply to a condition mentioned in\nsection 132(1).\ncondition offence means an offence against subsection (1), (2) or (3).\n\n","sortOrder":114},{"sectionNumber":"130","sectionType":"section","heading":"Contravening condition of mass or dimension exemption","content":"130 Contravening condition of mass or dimension exemption\nrelating to pilot or escort vehicle\n(1) This section applies if a mass or dimension exemption is subject to a\ncondition requiring a heavy vehicle to which the exemption applies\nto be accompanied by a pilot vehicle or escort vehicle while the heavy\nvehicle is used on a road.\n(2) The driver of the pilot vehicle or escort vehicle accompanying the\nheavy vehicle must comply with the conditions of the mass or\ndimension exemption about the use of the pilot vehicle or escort\n(3) The operator of the heavy vehicle must ensure, so far as is reasonably\npracticable, the driver of the pilot vehicle or escort vehicle complies\nwith subsection (2).\n","sortOrder":115},{"sectionNumber":"131","sectionType":"section","heading":"Using pilot vehicle with a heavy vehicle that contravenes","content":"131 Using pilot vehicle with a heavy vehicle that contravenes\ncertain conditions of mass or dimension exemption\n(1) The driver of a pilot vehicle must ensure the pilot vehicle does not\naccompany a heavy vehicle to which a mass or dimension exemption\napplies if the heavy vehicle, or its use on a road, contravenes a\ncondition of the exemption because the heavy vehicle—\n(a) travels on a route not allowed under the exemption; or\n(b) travels at a time other than a time allowed under the exemption;\nor\n(c) is accompanied by fewer than the number of pilot or escort\nvehicles required under the exemption.\n\n(2) If a person is both the driver of a pilot vehicle accompanying a heavy\nvehicle to which a mass or dimension exemption applies and an\noperator of the heavy vehicle, the person may, in relation to the heavy\nvehicle or its use on a road contravening a condition of the exemption\nof the kind contemplated by subsection (1), be prosecuted under\nsection 129 or subsection (1), but not both.\n","sortOrder":116},{"sectionNumber":"132","sectionType":"section","heading":"Keeping relevant document while driving under mass or","content":"132 Keeping relevant document while driving under mass or\ndimension exemption (notice)\n(1) This section applies if a mass or dimension exemption (notice) is\nsubject to the condition that the driver of a class 1 heavy vehicle or\nclass 3 heavy vehicle who is driving the vehicle under the exemption\nmust keep a relevant document in the driver’s possession.\n(2) A driver of the class 1 heavy vehicle or class 3 heavy vehicle who is\ndriving the vehicle under the mass or dimension exemption (notice)\nmust comply with the condition.\nrelevant document, for a mass or dimension exemption (notice),\n\nrelevant party, for the driver of a class 1 heavy vehicle or class 3\nheavy vehicle, means—\n","sortOrder":117},{"sectionNumber":"133","sectionType":"section","heading":"Keeping copy of permit while driving under mass or","content":"133 Keeping copy of permit while driving under mass or\ndimension exemption (permit)\n(1) The driver of a class 1 heavy vehicle or class 3 heavy vehicle who is\ndriving the vehicle under a mass or dimension exemption (permit)\nmust keep a copy of the permit for the exemption in the driver’s\npossession.\n(2) If the driver of a class 1 heavy vehicle or class 3 heavy vehicle is\ndriving the vehicle under a mass or dimension exemption (permit)\ngranted to a relevant party for the driver and the relevant party has\ngiven the driver a copy of a permit for the purpose of subsection (1),\nthe driver must, as soon as reasonably practicable, return the copy to\nthe relevant party if the driver stops working for the relevant party.\n\nrelevant party, for the driver of a class 1 heavy vehicle or class 3\nheavy vehicle, means—\n\n","sortOrder":118},{"sectionNumber":"134","sectionType":"section","heading":"Displaying warning signs on vehicles if not required by","content":"134 Displaying warning signs on vehicles if not required by\ndimension exemption\n(1) A heavy vehicle warning sign must not be displayed on a heavy\nvehicle unless it is being used under a dimension exemption.\n(2) A pilot vehicle warning sign must not be displayed on a vehicle unless\nit is being used as a pilot vehicle for a heavy vehicle being used under\na dimension exemption.\ndimension exemption means an exemption under this Part from\ncompliance with a dimension requirement.\nheavy vehicle warning sign means a warning sign required under the\nnational regulations to be attached to a heavy vehicle being used\nunder a dimension exemption.\npilot vehicle warning sign means a warning sign required under the\nnational regulations to be attached to a vehicle being used as a pilot\nvehicle for a heavy vehicle being used under a dimension exemption.\n\nPart 4.6 Restricting access to roads by\nlarge vehicles that are not\novermass or oversize vehicles\n","sortOrder":119},{"sectionNumber":"135","sectionType":"section","heading":"Main purpose of Pt 4.6","content":"135 Main purpose of Pt 4.6\nThe main purpose of this Part is to restrict access to roads by heavy\nvehicles that, while complying with mass requirements and\ndimension requirements applying to them, may, because of their\nsize—\n(a) endanger public safety; or\n(b) damage road infrastructure; or\n(c) adversely affect public amenity.\n","sortOrder":120},{"sectionNumber":"136","sectionType":"section","heading":"Class 2 heavy vehicles","content":"136 Class 2 heavy vehicles\n(1) A heavy vehicle is a class 2 heavy vehicle if—\n(a) it—\n(i) complies with the prescribed mass requirements and\nprescribed dimension requirements applying to it; and\n(ii) is—\n(A) a B-double; or\n(B) a road train; or\n(C) a bus, other than an articulated bus, that is longer than\n12.5m; or\n\n(D) a combination designed and built to carry vehicles on\nmore than 1 deck that, together with its load is longer\nthan 19m or higher than 4.3m; or\n(E) a motor vehicle, or a combination, that is higher than\n4.3m and is built to carry cattle, sheep, pigs or horses;\nor\n(b) it is a PBS vehicle other than a specified PBS vehicle.\nspecified PBS vehicle means a PBS vehicle that—\n(a) is not a bus; and\n(b) is not longer than 20m; and\n(c) is the subject of a current PBS vehicle approval at performance\nlevel 1; and\n(d) complies with the PBS vehicle approval; and\n(e) complies with the general mass limits for the vehicle, regardless\nof whether the PBS vehicle approval authorises a higher mass\nlimit.\nGeneral mass limits for a vehicle may be included in prescribed mass\nrequirements under section 95.\n","sortOrder":121},{"sectionNumber":"137","sectionType":"section","heading":"Using class 2 heavy vehicle","content":"137 Using class 2 heavy vehicle\nA person must not use a class 2 heavy vehicle, or permit a class 2\nheavy vehicle to be used, on a road other than in accordance with a\nclass 2 heavy vehicle authorisation.\n\nDivision 3 Authorisation by Commonwealth\n","sortOrder":122},{"sectionNumber":"138","sectionType":"section","heading":"Regulator’s power to authorise use of all or stated","content":"138 Regulator’s power to authorise use of all or stated\ncategories of class 2 heavy vehicles\nwith section 142, authorise, for a period of not more than 5 years, the\nuse of all or stated categories of class 2 heavy vehicles in one or more\nof the following ways—\n(a) in stated areas or on stated routes;\n(b) during stated hours of stated days;\n(c) in the case of PBS vehicles, in accordance with a stated\nrequirement that the vehicles are operated in accordance with\nthe conditions contained in a PBS vehicle approval.\n(2) An authorisation under subsection (1) is a class 2 heavy vehicle\nauthorisation (notice).\nSee Division 3 of Part 4.7 in relation to amendment, suspension or\ncancellation of a class 2 heavy vehicle authorisation (notice).\n","sortOrder":123},{"sectionNumber":"139","sectionType":"section","heading":"Restriction on grant of class 2 heavy vehicle","content":"139 Restriction on grant of class 2 heavy vehicle\nauthorisation (notice)\n(1) The Regulator may grant a class 2 heavy vehicle authorisation\n(notice) only if—\n(a) the Regulator is satisfied the use of class 2 heavy vehicles, or the\nstated categories of class 2 heavy vehicles, on a road under the\nauthorisation will not pose a significant risk to public safety; and\n(b) each relevant road manager for the authorisation has consented\nto the grant; and\n\nauthorisation under the law of the relevant jurisdiction have\nbeen obtained or given.\n(2) In deciding whether to grant a class 2 heavy vehicle authorisation\n(notice), the Regulator must have regard to the approved guidelines\nfor granting class 2 heavy vehicle authorisations.\n","sortOrder":124},{"sectionNumber":"140","sectionType":"section","heading":"Conditions of class 2 heavy vehicle authorisation (notice)","content":"140 Conditions of class 2 heavy vehicle authorisation (notice)\nA class 2 heavy vehicle authorisation (notice)—\n(a) must be subject to the road conditions or travel conditions\nrequired by a road manager for the authorisation under\nUnder sections 160(1)(b) and (4), a road manager may only require road\nconditions of a type prescribed by the national regulations.\n(b) may be subject to other conditions the regulator considers\nappropriate, including, for example, a condition that the driver\nof a class 2 heavy vehicle who is driving the vehicle under the\nauthorisation must keep in the driver’s possession a copy of—\n(i) the Commonwealth Gazette notice for the authorisation; or\n(ii) an information sheet about the authorisation published by\nthe Regulator on the Regulator’s website.\n","sortOrder":125},{"sectionNumber":"141","sectionType":"section","heading":"Period for which class 2 heavy vehicle authorisation","content":"141 Period for which class 2 heavy vehicle authorisation\n(notice) applies\nA class 2 heavy vehicle authorisation (notice)—\n(i) when the Commonwealth Gazette notice for the\nauthorisation is published; or\n\n","sortOrder":126},{"sectionNumber":"142","sectionType":"section","heading":"Requirements about Commonwealth Gazette notice etc.","content":"142 Requirements about Commonwealth Gazette notice etc.\n(1) A Commonwealth Gazette notice for a class 2 heavy vehicle\nauthorisation (notice) must state the following—\n(a) that the authorisation applies to all class 2 heavy vehicles or, if\nthe authorisation only applies to particular categories of class 2\nheavy vehicles, the categories of class 2 heavy vehicles to which\nthe authorisation applies;\n(b) the areas or routes to which the authorisation applies;\n(c) the days and hours to which the authorisation applies;\n(d) any conditions applying to class 2 heavy vehicles being used on\na road under the authorisation;\n(e) the period for which the authorisation applies.\n(2) Without limiting subsection (1)(b), the notice may state the areas or\nroutes under the subsection by—\n(a) applying by reference a stated map or stated list, not in the\nnotice, prepared and published by the relevant road authority or\nthe Regulator; and\n(b) referring to the areas or routes shown on the stated map or list.\n(3) Without limiting subsection (1)(d), the notice may state road\nconditions or travel conditions under the subsection by referring to\nroad conditions or travel conditions shown on a stated map or stated\nlist applied under subsection (2)(a).\n(4) The Regulator must publish a copy of the notice on the Regulator’s\n\n(5) If the notice applies a stated map or stated list—\n(a) the Regulator may amend the stated map or stated list prepared\nand published by it and the relevant road authority may amend\nthe stated map or stated list prepared and published by it, but\nonly by omitting, varying or extending—\n(i) the areas or routes mentioned in subsection (2)(b); or\n(ii) the road conditions or travel conditions mentioned in\nsubsection (3);\nincluding by adding additional areas, routes, road conditions or\ntravel conditions; and\n(b) the Regulator must ensure a copy of the stated map or stated list\nas in force from time to time is—\n(i) made available for inspection, without charge, during\nnormal business hours at each office of the Regulator; and\n(ii) published on the Regulator’s website or published by way\nof a reference or link published on the Regulator’s website.\nThe Regulator must publish a stated map or stated list whether the\nRegulator or a relevant road authority originally prepared and published\nit as mentioned in subsection (2).\n(6) Despite subsection (5)(a), a road authority may only amend a map\nor list in a way that affects a particular road if—\n(a) the road authority is the road manager for the road; or\n(b) the road authority is not the road manager for the road and has\nbeen advised by the Regulator that the Regulator has obtained\nthe consent of the road manager for the amendment.\n\nrelevant road authority, for a class 2 heavy vehicle authorisation\n(notice), means the road authority for the participating jurisdiction in\nwhich the road likely to be travelled under the authorisation is\nsituated.\n","sortOrder":127},{"sectionNumber":"142A","sectionType":"section","heading":"Process for amending stated map or stated list","content":"142A Process for amending stated map or stated list\n(1) This section applies to the amendment of a stated map or stated list\nmentioned in section 142.\n(2) For the purpose of an amendment by the Regulator only adding an\nadditional area or route to a stated map or stated list—\n(a) section 139 applies; and\n(b) Division 2 of Part 4.7 applies to the extent the division relates to\nthe grant of a class 2 heavy vehicle authorisation (notice); and\n(c) Division 3 of Part 4.7 does not apply.\n(3) For the purpose of subsection (2), section 139 and Division 2 of\nPart 4.7 apply as if—\n(a) a reference to the grant of a class 2 heavy vehicle authorisation\n(notice) or a mass or dimension authority were a reference to the\nadding of the additional area or route; and\n(b) a reference to the relevant road manager for a class 2 heavy\nvehicle authorisation (notice) or a mass or dimension authority\nwere a reference to the relevant road manager for the\nauthorisation or authority that applies the stated map or stated\nlist.\n\n(4) For the purpose of an amendment by the relevant road authority only\nadding an additional area or route to, or only removing a road\ncondition or travel condition from, a stated map or stated list,\nsection 139 and Part 4.7 do not apply.\n(5) For the purpose of an amendment by the Regulator or a relevant road\nauthority if subsections (2) to (4) do not apply, Division 3 of Part 4.7\napplies to the extent the division relates to the amendment of a class 2\nheavy vehicle authorisation (notice).\n(6) For the purpose of subsection (5), Division 3 of Part 4.7 applies as\nif—\n(a) a reference to the amendment of a mass or dimension authority\nwere a reference to the amendment of the stated map or stated\nlist; and\n(b) a reference to the Regulator were a reference to the Regulator or\nthe relevant road authority, whichever is amending the stated\nmap or stated list; and\n(c) a reference to the relevant road manager for a mass or dimension\nauthority were a reference to the relevant road manager for the\n","sortOrder":128},{"sectionNumber":"143","sectionType":"section","heading":"Regulator’s power to authorise use of a particular class 2","content":"143 Regulator’s power to authorise use of a particular class 2\nheavy vehicle\nsection 148, authorise, for a period of not more than 3 years, the use\nof a class 2 heavy vehicle—\n(a) in stated areas or on stated routes; and\n(b) during stated hours of stated days.\n(2) An authorisation under subsection (1) is a class 2 heavy vehicle\nauthorisation (permit).\n\nAuthorisation by permit Division 4\n(3) A class 2 heavy vehicle authorisation (permit) may apply to 1 or more\nSee Division 4 of Part 4.7 in relation to amendment, suspension or\ncancellation of a class 2 heavy vehicle authorisation (permit).\n","sortOrder":129},{"sectionNumber":"144","sectionType":"section","heading":"Application for class 2 heavy vehicle authorisation","content":"144 Application for class 2 heavy vehicle authorisation\n(1) A person may apply to the Regulator for a class 2 heavy vehicle\nauthorisation (permit).\n","sortOrder":130},{"sectionNumber":"145","sectionType":"section","heading":"Restriction on grant of class 2 heavy vehicle","content":"145 Restriction on grant of class 2 heavy vehicle\n(1) The Regulator may grant a class 2 heavy vehicle authorisation\n(permit) for a class 2 heavy vehicle only if—\n(a) the Regulator is satisfied the use of the class 2 heavy vehicle on\na road under the authorisation will not pose a significant risk to\npublic safety; and\n(b) each relevant road manager for the authorisation has consented\nto the grant; and\nauthorisation under the law of the relevant jurisdiction have\nbeen obtained by the applicant or have been otherwise given.\n\n(2) In deciding whether to grant a class 2 heavy vehicle authorisation\n(permit), the Regulator must have regard to the approved guidelines\nfor granting class 2 heavy vehicle authorisations.\n","sortOrder":131},{"sectionNumber":"146","sectionType":"section","heading":"Conditions of class 2 heavy vehicle authorisation (permit)","content":"146 Conditions of class 2 heavy vehicle authorisation (permit)\nA class 2 heavy vehicle authorisation (permit)—\n(a) must be subject to the road conditions or travel conditions\nrequired by a relevant road manager for the authorisation under\n(i) conditions about 1 or more matters mentioned in Schedule\n2; and\nprogram conditions.\n","sortOrder":132},{"sectionNumber":"147","sectionType":"section","heading":"Period for which class 2 heavy vehicle authorisation","content":"147 Period for which class 2 heavy vehicle authorisation\n(permit) applies\n(1) A class 2 heavy vehicle authorisation (permit) applies for the period\nstated in the permit for the authorisation.\nclass 2 heavy vehicle authorisation (permit).\n\nAuthorisation by permit Division 4\n","sortOrder":133},{"sectionNumber":"148","sectionType":"section","heading":"Permit for class 2 heavy vehicle authorisation (permit)","content":"148 Permit for class 2 heavy vehicle authorisation (permit)\netc.\n(1) If the Regulator grants a class 2 heavy vehicle authorisation (permit)\nto a person, the Regulator must give the person—\n(a) a permit for the authorisation; and\n(b) a notice stating the review and appeal information for any of the\nfollowing decisions that is a reviewable decision—\n(i) the Regulator’s decision to grant the authorisation for a\nperiod or impose a condition on the authorisation;\n(ii) a relevant road manager’s decision to consent to the grant\nof the authorisation subject to a condition that a road\ncondition or travel condition be imposed on the\nauthorisation.\n(2) A permit for a class 2 heavy vehicle authorisation (permit) must state\nthe following—\n(a) the name and address of the person to whom the permit is given;\n(b) if the authorisation applies to particular categories of class 2\nheavy vehicles, the categories of heavy vehicles to which the\nauthorisation applies;\n(c) the areas or routes to which the authorisation applies;\n(d) the days and hours to which the authorisation applies;\n(e) the road conditions or travel conditions required by a relevant\nroad manager for the authorisation under section 160 or 161;\n(f) any other conditions applying to a class 2 heavy vehicle being\nused on a road under the authorisation;\n\n(g) the period for which the authorisation applies.\n","sortOrder":134},{"sectionNumber":"149","sectionType":"section","heading":"Refusal of application for class 2 heavy vehicle","content":"149 Refusal of application for class 2 heavy vehicle\nIf the Regulator refuses an application for a class 2 heavy vehicle\nauthorisation (permit), the Regulator must give the applicant an\nSee section 166 for the requirements for an information notice relating to\na road manager’s decision not to give consent to the grant of a class 2\nheavy vehicle authorisation (permit).\n","sortOrder":135},{"sectionNumber":"Div 5","sectionType":"division","heading":"Operating under class 2 heavy vehicle","content":"Division 5 Operating under class 2 heavy vehicle\nauthorisation\n","sortOrder":136},{"sectionNumber":"150","sectionType":"section","heading":"Contravening condition of class 2 heavy vehicle","content":"150 Contravening condition of class 2 heavy vehicle\nauthorisation\n(1) The driver or operator of a class 2 heavy vehicle being used on a road\nunder a class 2 heavy vehicle authorisation must not contravene a\ncondition of the authorisation.\n(2) Subsection (1) does not apply to a condition mentioned in\nsection 151(1).\n","sortOrder":137},{"sectionNumber":"151","sectionType":"section","heading":"Keeping relevant document while driving under class 2","content":"151 Keeping relevant document while driving under class 2\nheavy vehicle authorisation (notice)\n(1) This section applies if a class 2 heavy vehicle authorisation (notice)\nis subject to the condition that the driver of a class 2 heavy vehicle\nwho is driving the vehicle under the authorisation must keep a\nrelevant document in the driver’s possession.\n\nOperating under class 2 heavy vehicle authorisation Division 5\n(2) A driver of the class 2 heavy vehicle who is driving the vehicle under\nthe class 2 heavy vehicle authorisation (notice) must comply with the\ncondition.\nrelevant document, for a class 2 heavy vehicle authorisation (notice),\n(a) the Commonwealth Gazette notice for the authorisation; or\n(b) an information sheet about the authorisation published by the\nrelevant party, for the driver of a class 2 heavy vehicle, means—\n","sortOrder":138},{"sectionNumber":"152","sectionType":"section","heading":"Keeping copy of permit while driving under class 2 heavy","content":"152 Keeping copy of permit while driving under class 2 heavy\nvehicle authorisation (permit)\n(1) The driver of a class 2 heavy vehicle who is driving the vehicle under\na class 2 heavy vehicle authorisation (permit) must keep a copy of the\npermit for the authorisation in the driver’s possession.\n\n(2) If the driver of a class 2 heavy vehicle is driving the vehicle under a\nclass 2 heavy vehicle authorisation (permit) granted to a relevant\nparty for the driver and the relevant party has given the driver a copy\nof a permit for the purpose of subsection (1), the driver must, as soon\nas reasonably practicable, return the copy to the relevant party if the\ndriver stops working for the relevant party.\nrelevant party, for the driver of a class 2 heavy vehicle, means—\n\nRestricted access vehicles Part 4.6A\n","sortOrder":139},{"sectionNumber":"153A","sectionType":"section","heading":"Using restricted access vehicle","content":"153A Using restricted access vehicle\n(1) A person must not use a restricted access vehicle, or permit a\nrestricted access vehicle to be used, on a road unless the road is\none on which the vehicle is allowed to be used under a mass or\ndimension authority applying to the vehicle.\nrestricted access vehicle means a heavy vehicle that (together with its\nload) is—\n(a) higher than 4.3m; or\n(b) wider than 2.5m; or\n(c) longer than—\n(i) if a single vehicle other than an articulated bus—12.5m;\n(ii) if an articulated bus—18m; or\n(iii) if a combination—19m.\nsafer freight vehicle means a single heavy motor vehicle that meets\nthe requirements prescribed for the purposes of this definition by the\nnational regulations, but does not include a bus.\nsingle heavy motor vehicle means a motor vehicle that, on its own, is\na heavy vehicle.\nspecified semitrailer means a semitrailer that—\n(a) is not a PBS vehicle; and\n(b) has an air suspension system with effective dampers fitted; and\n\n(c) has a deck height not higher than 1.2m for at least 50% of its\ndeck length; and\n(d) if in a combination—the combination—\n(i) consists only of—\n(A) a prime mover towing a single semitrailer attached to\nthe prime mover by a fifth wheel coupling; or\n(B) a B-double; or\n(C) a B-triple; and\n(ii) has a mass not more than 90% of the prescribed mass\nrequirements for the combination.\nAlthough this section does not apply to certain combinations, a combination that is\na class 2 heavy vehicle will still need to have a class 2 heavy vehicle authorisation\n(see s 137).\n(3) This section does not apply to—\n(a) a class 2 heavy vehicle; or\n(b) a specified PBS vehicle as defined in section 136(2); or\nAll other PBS vehicles are class 2 heavy vehicles (see section 136).\n(c) a specified semitrailer; or\n(d) a safer freight vehicle; or\n(e) a combination that—\n(i) includes a safer freight vehicle, together with its load, that\nis the only component vehicle wider than 2.5m; and\n(ii) is not higher than 4.3m; and\n(iii) is not longer than 19m.\n\nPart 4.7 Particular provisions about mass\nor dimension authorities\n","sortOrder":140},{"sectionNumber":"154","sectionType":"section","heading":"Definitions for Pt 4.7","content":"154 Definitions for Pt 4.7\nroad condition—\n(a) means a condition directed at—\n(i) protecting road infrastructure; or\n(ii) preventing or minimising an adverse effect on the\ncommunity arising from noise, emissions or traffic\ncongestion or from other matters stated in approved\nguidelines; or\n(iii) preventing or minimising significant risks to public safety\narising from heavy vehicle use that is incompatible with\nroad infrastructure or traffic conditions; but\n(b) does not include a condition requiring the installation of\nequipment or another thing in a vehicle unless the equipment or\nthing is required to be installed in the vehicle for an intelligent\naccess program condition imposed in connection with a\ncondition directed at the matters mentioned in paragraph (a)(i),\n(ii) or (iii).\nroute assessment, in relation to a mass or dimension authority, means\nan assessment of the road infrastructure in the areas or on the routes\nto which the authority is to apply to decide the impact the grant of the\nauthority will have, or is likely to have, on the road infrastructure.\n\ntravel condition means a condition directed at ensuring that access to\na stated route or area is limited to either or both of the following—\n(a) stated days or hours (or both);\n(b) travel in a stated direction.\nvehicle condition means a condition directed at ensuring a vehicle\ncan operate safely on roads.\nDivision 2 Obtaining consent of relevant road\nmanagers\n","sortOrder":141},{"sectionNumber":"155","sectionType":"section","heading":"Application of Div 2","content":"155 Application of Div 2\nThis Division applies in relation to the Regulator obtaining the\nconsent of the road manager for a road for the purpose of granting a\nmass or dimension authority.\n","sortOrder":142},{"sectionNumber":"156","sectionType":"section","heading":"Period within which road manager must decide","content":"156 Period within which road manager must decide\n(1) If the Regulator asks a road manager for a road for the road manager’s\nconsent to the grant of a mass or dimension authority, the road\nmanager must decide to give or not to give the consent—\n(a) within—\n(i) 28 days after the request is made, unless subparagraph (ii)\n(ii) if this section applies because the road manager gave the\nRegulator a notice of objection to the grant under section\n167—14 days after giving the notice of objection; or\n(b) within a longer period, of not more than 6 months after the\nrequest is made, agreed to by the Regulator.\nSee, however, sections 159, 167 and 168.\n\n(2) The road manager may ask for, and the Regulator may agree to, a\nlonger period under subsection (1)(b) only if—\n(a) consultation is required under a law with another entity\n(including, for example, for the purpose of obtaining that\nentity’s approval to give the consent); or\n(b) the road manager considers a route assessment is necessary for\ndeciding whether to give or not to give the consent; or\n(c) the road manager is the road authority for the participating\njurisdiction and considers that a local government authority that\nis not required under a law to be consulted should nevertheless\nbe consulted before deciding whether to give or not to give the\n(3) If the Regulator agrees to a longer period under subsection (1)(b), the\nRegulator must give the applicant for the mass or dimension authority\nconcerned a written statement of the decision—\n(a) identifying the road manager concerned; and\n(b) indicating the ground on which the road manager asked for a\nlonger period.\n","sortOrder":143},{"sectionNumber":"156A","sectionType":"section","heading":"Deciding request for consent generally","content":"156A Deciding request for consent generally\n(1) If the Regulator asks a road manager for a road for the road manager’s\nconsent to the grant of a mass or dimension authority, the road\nmanager may decide not to give the consent only if the road manager\nis satisfied—\n(a) the mass or dimension authority will, or is likely to—\n(i) cause damage to road infrastructure; or\n(ii) impose adverse effects on the community arising from\nnoise, emissions or traffic congestion or from other matters\nstated in approved guidelines; or\n\n(iii) pose significant risks to public safety arising from heavy\nvehicle use that is incompatible with road infrastructure or\ntraffic conditions; and\n(b) it is not possible to grant the authority subject to road conditions\nor travel conditions that will avoid, or significantly minimise—\n(i) the damage or likely damage; or\n(ii) the adverse effects or likely adverse effects; or\n(iii) the significant risks or likely significant risks.\n(2) If the road manager considers that the consent would be given if the\nmass of the vehicle under the application for the authority was less\nthan applied for, the road manager must give the consent subject to a\nroad condition that the vehicle not exceed the mass.\n(3) Also, in deciding whether or not to give the consent, the road manager\nmust have regard to—\n(a) for a mass or dimension exemption—the approved guidelines\nfor granting mass or dimension exemptions; or\n(b) for a class 2 heavy vehicle authorisation—the approved\nguidelines for granting class 2 heavy vehicle authorisations.\n(4) If a relevant road manager for a mass or dimension authority decides\nnot to give consent to the grant of the authority, the relevant road\nmanager must give the Regulator a written statement that explains the\nroad manager’s decision and complies with section 172.\n","sortOrder":144},{"sectionNumber":"157","sectionType":"section","heading":"Obtaining third party’s approval for giving consent for","content":"157 Obtaining third party’s approval for giving consent for\npermit\n(a) a person (the applicant) applies for a mass or dimension\nexemption (permit) or class 2 heavy vehicle authorisation\n\n(b) consultation with another entity is required under a law.\n(2) The Regulator must—\n(a) notify the applicant that consultation is required; and\n(b) notify the road manager that the applicant has been notified of\nthe requirement.\n(3) The Regulator must, as far as practicable, give the notifications under\nsubsection (2) concurrently with asking the road manager for the\n","sortOrder":145},{"sectionNumber":"158","sectionType":"section","heading":"Action pending consultation with third party","content":"158 Action pending consultation with third party\n(a) consultation with another entity is required under a law; and\n(b) the road manager does not ask for a longer period under section\n156(1)(b) or the Regulator refuses to agree to a longer period\nasked for under section 156(1)(b).\n(2) If the consultation with the other entity is not yet completed, the road\nmanager must, as far as practicable, deal with the request for consent\nand decide to give or not to give the consent (even though the\nconsultation with the other entity is not completed).\n(3) If the road manager decides to give the consent even though the\nconsultation with the other entity is not completed, the consent is not\noperative unless and until—\n(a) the consultation is completed; and\n(b) if the other entity’s approval is required, the other entity gives\nits approval.\n(4) If—\n(a) the consultation with the other entity is completed and the other\nentity’s approval is required; and\n\n(b) the road manager has not yet decided to give or not to give the\nconsent;\nthe road manager may—\n(c) decide not to give the consent, on the ground that the consent\nwould be inoperative; or\n(d) decide to give the consent, but the consent is inoperative without\nthe other entity’s approval.\n(5) The Regulator must not grant a mass or dimension authority if—\n(a) consultation is required under a law with another entity; and\n(b) the other entity’s approval is required; and\n(c) the other entity has declined to give its approval.\n","sortOrder":146},{"sectionNumber":"159","sectionType":"section","heading":"Deciding request for consent if route assessment","content":"159 Deciding request for consent if route assessment\nrequired\n(a) a person (the applicant) applies for a mass or dimension\nexemption (permit) or class 2 heavy vehicle authorisation\n(b) the Regulator asks a road manager for a road for the road\nmanager’s consent to the grant of the exemption or\nauthorisation; and\n(c) the road manager considers a route assessment is necessary for\ndeciding whether to give or not to give the consent.\n(2) The road manager may notify the Regulator of the following—\n(a) that a route assessment is required for the road manager deciding\nwhether to give or not to give the consent;\n(b) the fee payable (if any) for the route assessment under a law of\nthe jurisdiction in which the road is situated.\n\n(3) The Regulator must notify the applicant of the following—\n(a) that a route assessment is required for the road manager deciding\nwhether to give or not to give the consent;\n(b) the fee payable (if any) for the route assessment under a law of\nthe jurisdiction in which the road is situated;\n(c) if a fee is payable for the route assessment under a law of the\njurisdiction in which the road is situated, that the road manager\nmay stop considering whether to give or not to give the consent\nuntil the fee is paid;\n(d) if, under section 156(1)(b), the Regulator agrees to a longer\nperiod for the road manager deciding whether to give or not to\ngive the consent, the longer period agreed by the Regulator.\n(4) If a fee is payable for the route assessment under a law of the\njurisdiction in which the road is situated—\n(a) the road manager may stop considering whether to give or not\nto give the consent until the fee is paid; and\n(b) the period between the day the applicant is given the notification\nunder subsection (3) and the day the fee is paid must not be\ncounted in working out the period taken by the road manager to\ndecide whether to give or not to give the consent.\n(5) If the applicant does not pay the fee for the route assessment within\n28 days after the notification is given to the applicant under\nsubsection (3), or a longer period agreed to by the Regulator, the\napplication lapses.\n\n","sortOrder":147},{"sectionNumber":"160","sectionType":"section","heading":"Imposition of road conditions","content":"160 Imposition of road conditions\n(1) A relevant road manager for a mass or dimension authority may\nconsent to the grant of the authority subject to—\n(a) except in the case of a class 2 heavy vehicle authorisation\n(notice)—the condition that a stated road condition is imposed\non the authority; or\n(b) in the case of a class 2 heavy vehicle authorisation (notice)—the\ncondition that a stated road condition of a type prescribed by the\nnational regulations is imposed on the authority.\n(2) If a relevant road manager for a mass or dimension authority consents\nto the grant of the authority subject to a condition as mentioned in\nsubsection (1)(a)—\n(a) the relevant road manager must give the Regulator a written\nstatement that explains the road manager’s decision to give\nconsent to the grant of the authority subject to the condition and\ncomplies with section 172; and\n(b) the Regulator must impose the stated road condition on the\n(3) If a relevant road manager for a mass or dimension authority consents\nto the grant of the authority subject to a condition as mentioned in\nsubsection (1)(b), the Regulator must impose the stated road\ncondition on the authority.\n(4) The national regulations may prescribe road conditions, or kinds of\nroad conditions, for the purposes of subsection (1)(b) and must\nprescribe the circumstances in which it is appropriate to impose such\na condition.\n\n","sortOrder":148},{"sectionNumber":"161","sectionType":"section","heading":"Imposition of travel conditions","content":"161 Imposition of travel conditions\n(1) A relevant road manager for a mass or dimension authority may\nconsent to the grant of the authority subject to the condition that a\nstated travel condition is imposed on the authority.\n(2) If a relevant road manager for a mass or dimension authority consents\nto the grant of the authority as mentioned in subsection (1)—\n(a) the relevant road manager must give the Regulator a written\nstatement that explains the road manager’s decision to give\nconsent to the grant of the authority subject to the condition and\ncomplies with section 172; and\n(b) the Regulator must impose the stated travel condition on the\n","sortOrder":149},{"sectionNumber":"162","sectionType":"section","heading":"Imposition of vehicle conditions","content":"162 Imposition of vehicle conditions\n(1) A relevant road manager for a mass or dimension authority who gives\nconsent to the grant of the authority may ask the Regulator to impose\na stated vehicle condition on the authority.\n(2) If a relevant road manager for a mass or dimension authority makes a\nrequest as mentioned in subsection (1), the Regulator must—\n(a) consider the request and decide—\n(i) to impose the stated vehicle condition on the authority\n(with or without modification); or\n(ii) not to impose the stated vehicle condition on the authority;\nand\n(b) notify the relevant road manager of the decision under\n\n","sortOrder":150},{"sectionNumber":"163","sectionType":"section","heading":"Obtaining consent of road authority if particular road","content":"163 Obtaining consent of road authority if particular road\nmanager refuses to give consent\ndimension authority—\n(a) is a public authority other than a road authority; and\n(i) decides not to consent to the grant of the mass or dimension\n(ii) consents to the grant of the mass or dimension authority\nsubject to the imposition of road conditions or travel\nconditions the Regulator considers are not necessary to\navoid, or significantly minimise—\n(A) damage, or likely damage, to road infrastructure; or\n(B) adverse effects, or likely adverse effects, on the\ncommunity arising from noise, emissions or traffic\ncongestion or from other matters stated in approved\nguidelines; or\n(C) significant risks, or likely significant risks, to public\nsafety arising from heavy vehicle use that is\nincompatible with road infrastructure or traffic\nconditions.\n(2) The Regulator may ask the relevant road authority to consent to the\ngrant.\n(3) If the Regulator asks the relevant road authority for consent under this\nsection, the road authority must decide to give or not to give the\nconsent—\n(a) within 3 months of the request; or\n(b) within a longer period, of not more than 6 months, agreed to by\n\n(4) If the relevant road authority gives the consent or gives the consent\non the condition that a stated road condition or travel condition is\nimposed on the mass or dimension authority—\n(a) the decision of the relevant road manager has no effect for the\npurposes of this Law; and\n(b) to the extent this Law applies in relation to the consent of, or the\nroad conditions or travel conditions required by, the relevant\nroad manager, this Law (other than this section) applies as if a\nreference in it to the relevant road manager were a reference to\nthe relevant road authority.\nrelevant road authority, for a decision of a relevant road manager for\na mass or dimension authority, means the road authority for the\nparticipating jurisdiction in which the road for which the relevant\nroad manager is a road manager is situated.\n","sortOrder":151},{"sectionNumber":"166","sectionType":"section","heading":"Information notice for decision to refuse application","content":"166 Information notice for decision to refuse application\nbecause road manager did not give consent\n(1) This section applies if an application for a mass or dimension\nauthority is refused, wholly or partly, because a relevant road\nmanager for the authority has refused to consent to the authority.\n(2) The information notice for the decision to refuse the application given\nto the applicant under this Law must state the following, in addition\nto any other information required to be included in the information\n(a) that the road manager has refused to consent to the mass or\ndimension authority;\n(b) a written statement that explains the road manager’s decision to\nrefuse to give the consent and complies with section 172;\n(c) the review and appeal information for the road manager’s\ndecision to refuse to give the consent.\n\n","sortOrder":152},{"sectionNumber":"167","sectionType":"section","heading":"Expedited procedure for road manager’s consent for","content":"167 Expedited procedure for road manager’s consent for\nrenewal of mass or dimension authority\n(a) the relevant road manager has previously consented to a grant of\na mass or dimension authority (the previous authority); and\n(b) the Regulator proposes to grant a mass or dimension authority\n(the proposed replacement authority) by way of renewal so as\nto replace the previous authority on its expiry; and\n(c) the Regulator proposes to impose the same conditions on the\nproposed replacement authority as applied to the previous\nauthority; and\n(d) the Regulator informs the relevant road manager that the\nRegulator is seeking to obtain the manager’s consent in\naccordance with the procedure under this section (the expedited\nprocedure).\n(2) However, this section does not apply, or ceases to apply, if—\n(a) there are differences between the terms of the previous authority\nand the terms of the proposed replacement authority, including,\nfor example—\n(i) differences relating to the description of the type of heavy\nvehicle covered by the proposed replacement authority;\nand\n(ii) additional, deleted or varied conditions; and\n(b) the relevant road manager gives the Regulator a notice of\nobjection to the application of this section to the proposed\nreplacement authority and that notice of objection is given\nwithin the period (the relevant period) of—\n(i) 14 days after the request for consent is made; or\n\n(ii) 28 days after the request for consent is made if the road\nmanager seeks the extension of time within the initial\n14 days; or\n(c) the Regulator gives the relevant road manager a notice that the\nRegulator withdraws the proposed replacement authority from\nthe expedited procedure; or\n(d) a law of this jurisdiction requires consultation with third parties\nbefore the grant of the proposed replacement authority or before\naccess to a particular route or area covered by it is given.\n(3) The road manager is taken to have given the consent at the end of the\nrelevant period to the grant of the proposed replacement authority on\nthe same conditions as applied to the previous authority, unless before\nthe end of that period the road manager gives written notice to the\nRegulator that the road manager gives or refuses consent.\n","sortOrder":153},{"sectionNumber":"168","sectionType":"section","heading":"Operation of section 167","content":"168 Operation of section 167\n(1) Sections 156 to 166 do not apply to a request for consent while a\nproposed replacement authority is being dealt with under the\nexpedited procedure under section 167.\n(2) Those sections apply to the request for consent if section 167 does not\napply or ceases to apply, as referred to in section 167(2).\n","sortOrder":154},{"sectionNumber":"169","sectionType":"section","heading":"Granting limited consent for trial purposes","content":"169 Granting limited consent for trial purposes\n(1) A relevant road manager may give consent to the grant of a mass or\ndimension authority for a trial period of no more than 3 months\nspecified by the road manager.\n(2) The trial period determines the maximum period for which the mass\nor dimension authority applies.\n\n(3) If there is more than one relevant road manager in relation to a\nproposed mass or dimension authority, the consent of one or more of\nthe road managers is ineffective unless all the road managers give\ntheir consent to the same effect.\n","sortOrder":155},{"sectionNumber":"170","sectionType":"section","heading":"Renewal of limited consent for trial purposes","content":"170 Renewal of limited consent for trial purposes\n(1) The Regulator must notify each relevant road manager that gave\nconsent under section 169 that the mass or dimension authority\nconcerned will be renewed with effect from the end of the current\nperiod of its duration unless action is taken under this section.\n(2) The notification must be given at least one month before the end of\nthe current trial period.\n(3) The Regulator must renew the mass or dimension authority for a\nfurther trial period of no more than 3 months, unless the Regulator\nreceives a written objection to its renewal from a relevant road\nmanager within the current trial period.\n(4) The mass or dimension authority is renewable for one or more further\ntrial periods.\n","sortOrder":156},{"sectionNumber":"171","sectionType":"section","heading":"Period for which mass or dimension authority applies","content":"171 Period for which mass or dimension authority applies\nwhere limited consent\n(1) This section applies where a mass or dimension exemption is granted\nunder section 169 or 170.\n(2) In the case of a mass or dimension exemption (permit) or a class 2\nheavy vehicle authorisation (permit), the period for which the permit\napplies must not exceed the length of the trial period.\n(3) In the case of a mass or dimension exemption (notice) or a class 2\nheavy vehicle authorisation (notice), then, despite section 120 or 141,\nthe period for which the notice applies is so much of the period stated\nin the Commonwealth Gazette notice referred to in that section as\ndoes not exceed the trial period.\n\n","sortOrder":157},{"sectionNumber":"172","sectionType":"section","heading":"Requirements for statement explaining adverse decision","content":"172 Requirements for statement explaining adverse decision\nof road manager\n(1) This section applies to a written statement explaining a decision of a\nrelevant road manager under this Division—\n(a) not to give consent to the grant of a mass or dimension authority\n(as referred to in section 156A); or\n(b) to consent to the grant of a mass or dimension authority on the\ncondition that—\n(i) a road condition is imposed on the authority (as referred to\nin section 160); or\n(ii) a travel condition is imposed on the authority (as referred\nto in section 161).\n(2) The written statement complies with this section if it sets out the\nfindings on material questions of fact, referring to the evidence or\nother material on which those findings were based and giving the\nreasons for the road manager’s decision.\n\nDivision 3 Amendment, cancellation or suspension of mass or dimension authority\nDivision 3 Amendment, cancellation or\nsuspension of mass or dimension\nauthority granted by Commonwealth\n","sortOrder":158},{"sectionNumber":"173","sectionType":"section","heading":"Amendment or cancellation on Regulator’s initiative","content":"173 Amendment or cancellation on Regulator’s initiative\n(1) It is a ground for amending or cancelling a mass or dimension\nauthority granted by Commonwealth Gazette notice if the use of\nheavy vehicles on a road under the authority has caused, or is likely\nto cause, a significant risk to public safety.\n(2) If the Regulator considers a ground exists to amend or cancel the mass\nor dimension authority, the Regulator may amend or cancel the\nauthority by complying with subsections (3) to (5).\ncancel the authority; and\n\nDivision 3\n(a) if the proposed action was to amend the mass or dimension\nauthority—amend the authority in a way that is not substantially\ndifferent from the proposed action, including, for example, by—\nor\nor\n(iii) imposing additional vehicle conditions on the authority; or\n(b) if the proposed action was to cancel the mass or dimension\nauthority—\n(i) amend the authority, including, for example, as mentioned\nin paragraph (a)(i), (ii) or (iii); or\n(ii) cancel the authority.\n\nDivision 3 Amendment, cancellation or suspension of mass or dimension authority\n","sortOrder":159},{"sectionNumber":"174","sectionType":"section","heading":"Amendment or cancellation on request by relevant road","content":"174 Amendment or cancellation on request by relevant road\ndimension authority granted by Commonwealth Gazette notice is\nsatisfied the use of heavy vehicles on a road under the authority—\n(a) has caused, or is likely to cause, damage to road infrastructure;\nor\n(b) has had, or is likely to have, an adverse effect on the community\narising from noise, emissions or traffic congestion or from other\nmatters stated in approved guidelines; or\n(c) has posed, or is likely to pose, a significant risk to public safety\narising from heavy vehicle use that is incompatible with road\ninfrastructure or traffic conditions.\n(2) The road manager may ask the Regulator to—\n(a) amend the mass or dimension authority by—\n(ia) amending the category of vehicle to which the authority\n(ib) amending the type of load that may be carried by vehicles\nto which the authority applies; or\nor\nor\n(iii) imposing or amending road conditions or travel conditions;\nor\n(b) cancel the authority.\n(3) The Regulator must comply with the request.\n\nDivision 3\n(4) However, if consent to the grant of the mass or dimension authority\nwas given by a road authority under section 163—\n(a) the Regulator may refer the request to the road authority; and\n(b) if the road authority gives the Regulator its written approval of\nthe request, the Regulator must comply with the request; and\n(c) if the road authority does not give written approval of the road\nmanager’s request within 28 days after the referral is made, the\n(i) must not comply with the request; and\n(ii) must notify the road manager that the road authority has\nnot given its written approval of the request and, as a result,\nthe Regulator must not comply with it.\n","sortOrder":160},{"sectionNumber":"175","sectionType":"section","heading":"Immediate suspension","content":"175 Immediate suspension\nsuspend a mass or dimension authority granted by Commonwealth\nGazette notice immediately to prevent or minimise serious harm to\npublic safety or significant damage to road infrastructure.\nauthority until the earliest of the following—\n\n(b) the Regulator publishes a notice under section 173(5) or 174(5)\nand the amendment or cancellation takes effect under\nsection 173(6) or 174(6);\n(4) The suspension, and (where relevant) the cancellation of the\n(5) This section applies despite sections 173 and 174.\n","sortOrder":161},{"sectionNumber":"175A","sectionType":"section","heading":"Minor amendment","content":"175A Minor amendment\n(1) The Regulator may amend a mass or dimension authority, granted by\nCommonwealth Gazette notice, in a minor respect—\n(b) in another way that does not adversely affect the interests of a\nperson who is operating under the authority.\n(2) The Regulator must publish a public notice of the amendment.\nDivision 4 Amendment, cancellation or\nsuspension of mass or dimension\nauthority granted by permit\n","sortOrder":162},{"sectionNumber":"176","sectionType":"section","heading":"Amendment or cancellation on application by permit","content":"176 Amendment or cancellation on application by permit\nholder\n(1) The holder of a permit for a mass or dimension authority may apply\nto the Regulator for an amendment or cancellation of the authority.\n\n(c) if the application is for an amendment, state clearly the\n(4) If the proposed amendment of the mass or dimension authority is—\n(a) to amend the areas or routes to which the authority applies\n(otherwise than by omitting an area or route or reducing an area\nor route in size); or\n(b) to impose or amend road conditions or travel conditions;\n(c) the Regulator must ask the relevant road managers (for the roads\nto which the amendment relates) for their consent to the\namendment; and\n(d) the provisions of Division 2 apply to the request for consent in\nthe same way as they apply to a request for consent under that\nDivision, with the modifications (if any) prescribed by the\nnational regulations and with any necessary modifications.\n(5) The Regulator must decide the application as soon as practicable after\n(6) If the Regulator decides to grant the application—\n\n(c) if the Regulator amended the authority, the Regulator must give\nthe applicant a replacement permit for the authority as amended;\nand\n(d) if the authority is amended to change the vehicle to which the\nauthority applies to an equivalent vehicle, the Regulator must\ngive notice of the amendment to the relevant road manager\nwithin 28 days after the authority is amended.\n(7) If the Regulator decides not to amend or cancel the mass or dimension\nauthority as sought by the applicant, the Regulator must—\n(b) return the permit for the authority to the applicant.\nequivalent vehicle, of another vehicle, means a vehicle that—\n(a) is of the same category as the other vehicle; and\n(b) has mass requirements that are no more than the mass\nrequirements applying to the other vehicle; and\n(c) has dimension requirements that are no more than the dimension\nrequirements applying to the other vehicle; and\n(d) poses no greater public risk than the other vehicle.\n","sortOrder":163},{"sectionNumber":"177","sectionType":"section","heading":"Amendment or cancellation on Regulator’s initiative","content":"177 Amendment or cancellation on Regulator’s initiative\n(1) Each of the following is a ground for amending or cancelling a mass\nor dimension authority granted by giving a person a permit—\n(a) the authority was granted because of a document or\n\n(b) the holder of the permit for the authority has contravened a\ncondition of the authority;\n(c) the use of heavy vehicles on a road under the authority has\ncaused, or is likely to cause, a significant risk to public safety.\n(2) If the Regulator considers a ground exists to amend or cancel a mass\nor dimension authority granted by giving a person a permit (the\nproposed action), the Regulator must give the holder of the permit a\n(d) if the proposed action is to amend the authority (including a\ncondition of the authority)—stating the proposed amendment;\nand\n(a) if the proposed action was to amend the mass or dimension\nauthority—amend the authority in a way that is not substantially\ndifferent from the proposed action, including, for example, by—\nor\nor\n\n(iii) imposing additional vehicle conditions on the authority; or\n(b) if the proposed action was to cancel the authority—\n(i) amend the authority, including, for example, as mentioned\nin paragraph (a)(i), (ii) or (iii); or\n(ii) cancel the authority.\n","sortOrder":164},{"sectionNumber":"178","sectionType":"section","heading":"Amendment or cancellation on request by relevant road","content":"178 Amendment or cancellation on request by relevant road\ndimension authority granted by giving a person a permit is satisfied\nthe use of heavy vehicles on a road under the authority—\n(a) has caused, or is likely to cause, damage to road infrastructure;\nor\n(b) has had, or is likely to have, an adverse effect on the community\narising from noise, emissions or traffic congestion or from other\nmatters stated in approved guidelines; or\n(c) has posed, or is likely to pose, a significant risk to public safety\narising from heavy vehicle use that is incompatible with road\ninfrastructure or traffic conditions.\n\n(2) The road manager may ask the Regulator to—\n(a) amend the mass or dimension authority, including, for example,\nby—\nor\nor\n(iii) imposing or amending road conditions or travel conditions\non the authority; or\n(b) cancel the authority.\n(3) The Regulator must comply with the request.\n(4) However, if consent to the grant of the mass or dimension authority\nwas given by a road authority under section 163—\n(a) the Regulator may refer the request to the road authority; and\n(b) if the road authority gives the Regulator its written approval of\nthe request, the Regulator must comply with the request; and\n(c) if the road authority does not give written approval of the request\nwithin 28 days after the referral is made, the Regulator—\n(i) must not comply with the request; and\n(ii) must notify the road manager that the road authority has\nnot given its written approval of the request and, as a result,\nthe Regulator must not comply with it.\n(5) If the mass or dimension authority is amended or cancelled under this\nsection, the Regulator must give the holder of the permit for the\nauthority notice of the amendment or cancellation at least 28 days\nbefore the amendment or cancellation is to take effect.\n(6) The notice given to the holder must state—\n(a) the day the amendment or cancellation is to take effect; and\n\n(b) the reasons given by the road manager for the amendment or\ncancellation; and\n(c) the review and appeal information for the road manager’s\n","sortOrder":165},{"sectionNumber":"179","sectionType":"section","heading":"Immediate suspension","content":"179 Immediate suspension\nsuspend a mass or dimension authority granted by issuing a permit to\nsomeone immediately to prevent or minimise serious harm to public\nsafety or significant damage to road infrastructure.\nto the person to whom the permit was given, immediately suspend the\nauthority until the earliest of the following—\n(a) the Regulator gives the person a notice under section 177(4) or\n178(5) and the amendment or cancellation takes effect under\nsection 177(5) or 178;\nis given to the person.\n(3) This section applies despite sections 176, 177 and 178.\n","sortOrder":166},{"sectionNumber":"180","sectionType":"section","heading":"Minor amendment of permit for a mass or dimension","content":"180 Minor amendment of permit for a mass or dimension\nauthority\n(1) The Regulator may, by notice given to the holder of a permit for a\nmass or dimension authority, amend the authority in a minor\nrespect—\n\n(2) The Regulator must give notice of the amendment to the relevant road\nmanager—\n(a) if the authority is amended for a formal or clerical reason—\nwithin 28 days after the authority is amended; or\n(b) if the authority is amended in another way—as soon as\npracticable, but no later than 7 days, after the authority is\n\nDivision 5 Provisions about permits for mass or dimension authorities\nDivision 5 Provisions about permits for mass or\ndimension authorities\n181 Return of permit\n(1) This section applies to a mass or dimension authority granted by\ngiving a person a permit.\n(2) If the mass or dimension authority is amended or cancelled, the\nRegulator may, by notice, require the person to return the person’s\npermit for the authority to the Regulator.\n(3) The person must comply with the notice within 7 days after the notice\n(4) If the mass or dimension authority has been amended, the Regulator\nmust give the person a replacement permit for the authority as\n","sortOrder":167},{"sectionNumber":"182","sectionType":"section","heading":"Replacement of defaced etc. permit","content":"182 Replacement of defaced etc. permit\n(1) If a person’s permit for a mass or dimension authority is defaced,\ndestroyed, lost or stolen, the person must, as soon as reasonably\npracticable after becoming aware of the matter, apply to the Regulator\nfor a replacement permit.\n\nTowing restriction Division 1\n","sortOrder":168},{"sectionNumber":"Div 1","sectionType":"division","heading":"Towing restriction","content":"Division 1 Towing restriction\n","sortOrder":169},{"sectionNumber":"184","sectionType":"section","heading":"Towing restriction","content":"184 Towing restriction\n(1) A person must not drive a heavy motor vehicle towing more than\n1 other vehicle.\n(2) Subsection (1) does not apply to a person driving a heavy vehicle—\n(a) under a mass or dimension authority; or\n(b) in circumstances prescribed by the national regulations.\nDivision 2 Coupling requirements\n","sortOrder":170},{"sectionNumber":"185","sectionType":"section","heading":"Requirements about coupling trailers","content":"185 Requirements about coupling trailers\n(a) the person uses, or permits to be used, on a road a heavy\ncombination; and\n(b) a trailer in the combination is not securely coupled to the vehicle\nin front of it.\n(2) A person commits an offence if—\n(a) the person uses, or permits to be used, on a road a heavy\ncombination; and\n(b) the components of a coupling used between vehicles in the\nheavy combination are not compatible with, or properly\nconnected to, each other.\n\ncoupling means a device used to couple a vehicle in a combination to\nthe vehicle in front of it.\n","sortOrder":171},{"sectionNumber":"186","sectionType":"section","heading":"False or misleading transport documentation for goods","content":"186 False or misleading transport documentation for goods\n(1) This section applies if goods are consigned for road transport using a\nheavy vehicle, or for transport partly by road using a heavy vehicle\nand partly by some other means.\n(2) The consignor of the goods must ensure, so far as is reasonably\npracticable, the consignment documentation is not false or\n(3) If the goods are Australian-packed goods, the packer of the goods\nmust ensure, so far as is reasonably practicable, the consignment\ndocumentation is not false or misleading.\n(4) If the goods are overseas-packed goods, the receiver of the goods\nmust ensure, so far as is reasonably practicable, the consignment\ndocumentation is not false or misleading.\n(5) If the goods are loaded on the heavy vehicle, the loading manager for,\nor loader of, the goods must ensure, so far as is reasonably\npracticable, the consignment documentation is not false or\n\nTransport documentation Division 3\n(8) In a proceeding for an offence against subsection (2), (3), (4) or (5),\nit is enough for a charge to state that the transport documentation was\n‘false or misleading’, without specifying whether it was false or\nwhether it was misleading.\nAustralian-packed goods means goods packed—\n(a) in Australia; and\n(b) on a pallet or in a package, freight container or other container.\nconsignment documentation, for goods, means the transport\ndocumentation for the consignment of the goods, in so far as the\ndocumentation relates to the mass, dimension or loading of any or all\nof the goods.\noverseas-packed goods means goods packed—\n(a) outside Australia; and\n(b) on a pallet or in a package, freight container or other container.\nreceiver, of goods in Australia, means a person who, other than the\nperson who merely unloads the goods—\n(a) first receives the goods in Australia; or\n(b) unpacks the goods after the goods are first unloaded in Australia.\n\n","sortOrder":172},{"sectionNumber":"187","sectionType":"section","heading":"False or misleading information in container weight","content":"187 False or misleading information in container weight\ndeclaration\n(1) This section applies in relation to a freight container to be transported\nby road using a heavy vehicle, or partly by road using a heavy vehicle\nand partly by some other means.\n(2) The responsible entity for the freight container must ensure, so far as\nis reasonably practicable, the container weight declaration for the\ncontainer that is given to an operator of the heavy vehicle is not false\nor misleading.\n(3) An operator of the heavy vehicle must ensure, so far as is reasonably\npracticable, the container weight declaration for the container that is\ngiven to the vehicle’s driver is not false or misleading.\n(4) For the purposes of this section, information in a container weight\ndeclaration is not false or misleading merely because it overstates the\nactual weight of the freight container and its contents.\n(7) In a proceeding for an offence against subsection (2) or (3), it is\nenough for a charge to state that information contained in the\ncontainer weight declaration was ‘false or misleading’, without\nspecifying whether it was false or whether it was misleading.\n\nOther offences about container weight declarations Division 4\nDivision 4 Other offences about container\nweight declarations\n","sortOrder":173},{"sectionNumber":"188","sectionType":"section","heading":"Application of Div 4","content":"188 Application of Div 4\nThis Division applies to a freight container consigned for road\ntransport using a heavy vehicle, or for transport partly by road using\na heavy vehicle and partly by some other means.\n","sortOrder":174},{"sectionNumber":"189","sectionType":"section","heading":"Meaning of complying container weight declaration","content":"189 Meaning of complying container weight declaration\nA container weight declaration for a freight container is a complying\ncontainer weight declaration if—\n(a) it contains the following additional information—\n(i) the number and other particulars of the freight container\nnecessary to identify the container;\n(ii) the name and residential address or business address in\nAustralia of the responsible entity for the freight container;\n(iii) the date the container weight declaration is made; and\n(b) it is written and easily legible.\n","sortOrder":175},{"sectionNumber":"190","sectionType":"section","heading":"Duty of responsible entity","content":"190 Duty of responsible entity\n(1) The responsible entity for the freight container must ensure an\noperator or driver of a heavy vehicle does not transport the freight\ncontainer by road using the vehicle without a complying container\nweight declaration for the freight container containing information in\nthe form required under section 192A, unless the responsible entity\nhas a reasonable excuse.\n\nDivision 4 Other offences about container weight declarations\n","sortOrder":176},{"sectionNumber":"191","sectionType":"section","heading":"Duty of operator","content":"191 Duty of operator\n(1) An operator of a heavy vehicle must ensure the vehicle’s driver does\nnot transport the freight container by road using the vehicle without a\ncomplying container weight declaration for the freight container\ncontaining information in the form required under section 192A.\n(2) If the driver of a heavy vehicle does not have the complying container\nweight declaration when transporting the freight container by road\nusing the vehicle, an operator of the vehicle is taken to have\ncontravened subsection (1) unless the operator—\n(a) proves that the driver was provided with the declaration before\nthe driver started transporting the freight container; or\n(b) has a reasonable excuse.\n(3) If the freight container is to be transported by another carrier, an\noperator of a heavy vehicle must, unless the operator has a reasonable\nexcuse, ensure the freight container is not given to the carrier unless\nthe carrier has been provided with—\n(a) a complying container weight declaration for the freight\ncontainer containing information in the form required under\nsection 192A; or\n(b) the prescribed particulars contained in a complying container\nweight declaration for the freight container.\n\nOther offences about container weight declarations Division 4\nanother carrier means another operator of a heavy vehicle or another\nperson who is to transport the freight container other than by road.\nprescribed particulars, contained in a complying container weight\ndeclaration for a freight container, means—\n(a) information about the weight of the freight container and its\ncontents; and\n(b) the information mentioned in section 189(a).\n","sortOrder":177},{"sectionNumber":"192","sectionType":"section","heading":"Duty of driver","content":"192 Duty of driver\n(1) A person must not drive a heavy vehicle loaded with the freight\ncontainer on a road without a complying weight declaration for the\ncontainer, unless the person has a reasonable excuse.\n(2) The driver of a heavy vehicle loaded with the freight container must,\nunless the driver has a reasonable excuse, when driving the vehicle\non a road, keep the complying container weight declaration for the\ncontainer—\n(a) in or about the vehicle; and\n(b) in a way that ensures information in the declaration is in the form\nrequired under section 192A.\n\n","sortOrder":178},{"sectionNumber":"192A","sectionType":"section","heading":"Form of information in container weight declaration","content":"192A Form of information in container weight declaration\n(1) This section applies for the purposes of sections 190(1), 191(1) and\n(3)(a) and 192(2)(b).\n(2) The responsible entity, operator or driver must ensure the information\nin the container weight declaration is in a form readily available to an\nauthorised officer who seeks to ascertain it while in the presence of\nthe freight container, including, for example, by—\n(a) examining documents located in the heavy vehicle on which the\nfreight container is loaded or to be loaded; or\n(b) examining documents made available to the authorised officer\non an electronic device or otherwise in electronic form.\n","sortOrder":179},{"sectionNumber":"193","sectionType":"section","heading":"Weight of freight container exceeding weight stated on","content":"193 Weight of freight container exceeding weight stated on\ncontainer or safety approval plate\n(1) This section applies if a freight container contains goods consigned\nfor road transport using a heavy vehicle, or for transport partly by\nroad using a heavy vehicle and partly by some other means.\n(2) Each consignor or packer of the goods must ensure, so far as is\nreasonably practicable, the weight of the container does not exceed\nthe maximum gross weight marked on—\n(a) the container; or\n(b) the container’s safety approval plate.\nsafety approval plate, for a freight container, means the safety\napproval plate required to be attached to the container under the\nInternational Convention for Safe Containers set out in Schedule 5 of\nthe Navigation Act 1912 of the Commonwealth.\n\n","sortOrder":180},{"sectionNumber":"195","sectionType":"section","heading":"Conflicting mass requirements","content":"195 Conflicting mass requirements\n(1) This section applies if 2 or more conflicting mass requirements apply\nto a heavy vehicle.\n(2) Of the conflicting requirements, the requirement imposing the lower\nor lowest mass limit applies to the heavy vehicle and the other\nrequirement or requirements must be disregarded to the extent of the\nconflict.\n","sortOrder":181},{"sectionNumber":"196","sectionType":"section","heading":"Conflicting dimension requirements","content":"196 Conflicting dimension requirements\n(1) This section applies if 2 or more conflicting dimension requirements\napply to a heavy vehicle.\n(2) Of the conflicting requirements, the requirement imposing the more\nor most restrictive dimension limit applies to the heavy vehicle and\nthe other requirement or requirements must be disregarded to the\nextent of the conflict.\n","sortOrder":182},{"sectionNumber":"197","sectionType":"section","heading":"Exemption from compliance with particular requirements","content":"197 Exemption from compliance with particular requirements\nin emergency\n(1) The Regulator may, orally or in writing, exempt a heavy vehicle, or\nthe driver or operator of a heavy vehicle, from a prescribed\nrequirement if the Regulator is satisfied—\n(a) the vehicle is being used, or is intended to be used, in an\nemergency, including, for example, a fire, explosion or natural\ndisaster—\n(i) to protect life or property; or\n(ii) to restore communication or the supply of energy or water\nor services, including, for example, sewage disposal; and\n\n(b) granting the exemption will not create an unreasonable danger\nto other road users.\n(2) An exemption granted under subsection (1) may be subject to\nconditions the Regulator considers appropriate.\n(3) If an exemption is granted orally under subsection (1), the Regulator\nmust, as soon as practicable—\n(a) make a written record of the exemption and any conditions to\nwhich it is subject; and\n(b) give a copy of the written record to an operator of the heavy\nvehicle to which it relates.\n(4) An exemption under this section has effect only while the conditions,\nif any, to which it is subject are complied with.\n(5) The Regulator is to notify the relevant road authority of the grant of\nan exemption under subsection (1) as soon as practicable after it is\ngranted.\nprescribed requirement means—\n(a) a mass requirement; or\n(b) a dimension requirement; or\n(c) a requirement under Part 4.5, including, for example, a\nrequirement to comply with a condition of an exemption under\nthat Part; or\n(d) a requirement under Part 4.6, including, for example, a\nrequirement to comply with a condition of an authorisation\nunder that Part.\nrelevant road authority, for an exemption granted under\nsubsection (1), means the road authority for the participating\njurisdiction in which the road likely to be travelled under the\nexemption is situated.\n\n","sortOrder":183},{"sectionNumber":"198","sectionType":"section","heading":"Recovery of losses arising from non-provision of","content":"198 Recovery of losses arising from non-provision of\ncontainer weight declaration\n(1) This section applies if the driver of a heavy vehicle transporting a\nfreight container by road using the vehicle has not been provided with\na container weight declaration for the freight container before starting\nto transport the freight container.\n(2) A person who has incurred a loss as a result of the declaration not\nbeing provided (the plaintiff) has a right to recover the loss from the\nresponsible entity for the freight container.\n(3) For the purposes of subsection (2), the losses that may be recovered\ninclude the following—\n(a) loss incurred from delays in the delivery of the freight container,\nany of its contents or any other goods;\n(b) loss incurred from the damage to or spoliation of anything\ncontained in the freight container;\n(c) loss incurred from providing another heavy vehicle, and loss\nincurred from delays arising from providing another heavy\n(d) costs or expenses incurred for weighing the freight container or\nany of its contents.\n(4) The plaintiff may enforce the plaintiff’s right to recovery under\nsubsection (2) by bringing a proceeding in a court of competent\njurisdiction for an order for payment of the monetary value of the loss.\n","sortOrder":184},{"sectionNumber":"199","sectionType":"section","heading":"Recovery of losses for provision of inaccurate container","content":"199 Recovery of losses for provision of inaccurate container\nweight declaration\n(a) an operator or driver of a heavy vehicle transporting a freight\ncontainer by road using the vehicle has been provided with a\ncontainer weight declaration for the freight container; and\n\n(b) the declaration contains information (the false or misleading\ninformation) that is false or misleading because it—\n(i) understates the weight of the container; or\n(ii) otherwise indicates the weight of the container is lower\nthan its actual weight; and\n(c) a contravention of a mass requirement applying to the heavy\nvehicle occurs as a result of the operator or driver relying on the\nfalse or misleading information; and\n(d) at the relevant time, the operator or driver either—\n(i) had a reasonable belief the vehicle was not in contravention\nof the mass requirement; or\n(ii) did not know, and ought not reasonably to have known,\nthat the minimum weight stated in the declaration was\nlower than the actual weight of the container.\n(2) A person who has incurred a loss as a result of the declaration\ncontaining the false or misleading information (the plaintiff) has a\nright to recover the loss from the responsible entity for the freight\ncontainer.\n(3) For the purposes of subsection (2), the losses that may be recovered\ninclude the following—\n(a) the amount of a fine or other penalty imposed on the plaintiff for\nan offence against this Law;\n(b) the amount of a fine or other penalty imposed on an employee\nor agent of the plaintiff for an offence against this Law and\nreimbursed by the plaintiff;\n(c) loss incurred from delays in the delivery of the freight container,\nany of its contents, or any other goods;\n(d) loss incurred from the damage to or spoliation of anything\ncontained in the freight container;\n\n(e) loss incurred from providing another heavy vehicle, and loss\nincurred from delays arising from providing another heavy\n(f) costs or expenses incurred for weighing the freight container or\nany of its contents.\n(4) The plaintiff may enforce the plaintiff’s right to recovery under\nsubsection (2) by bringing a proceeding in a court of competent\njurisdiction for an order for payment of the monetary value of the loss.\n","sortOrder":185},{"sectionNumber":"200","sectionType":"section","heading":"Recovery by responsible entity of amount paid","content":"200 Recovery by responsible entity of amount paid\nunder s 199\n(1) This section applies if, under section 199, a person brings a\nproceeding (a recovery proceeding) in a court for an order that the\nresponsible entity for a freight container pay the person an amount for\nloss incurred by the person as a result of the container weight\ndeclaration for the freight container containing false or misleading\ninformation mentioned in section 199(1)(b).\n(2) The responsible entity has a right to recover from a person (the\ninformation provider) who provided the responsible entity with all or\npart of the false or misleading information the part of the amount (the\nattributable amount) attributable to the information provided by the\ninformation provider.\n(3) The responsible entity may enforce the entity’s right to recovery\nunder subsection (2) by—\n(a) if the recovery proceeding has not been decided— joining the\ninformation provider in the proceeding and applying to the court\nfor an order that the information provider pay the attributable\namount to the responsible entity if an order is made under\nsection 199(4); or\n\n(b) if the recovery proceeding has been decided—bringing a\nproceeding in a court of competent jurisdiction for an order that\nthe information provider pay the attributable amount to the\nresponsible entity.\n","sortOrder":186},{"sectionNumber":"201","sectionType":"section","heading":"Assessment of monetary value or attributable amount","content":"201 Assessment of monetary value or attributable amount\n(1) The court may assess the monetary value of a loss recoverable under\nsection 198(2) or 199(2), or the attributable amount recoverable under\nsection 200(2), in the way it considers appropriate.\n(2) In making the assessment, the court may have regard to the matters it\nconsiders appropriate, including any evidence adduced in a\nproceeding for an offence against this Law.\n\n","sortOrder":187},{"sectionNumber":"Part 6","sectionType":"part","heading":"Vehicle operations—driver","content":"Chapter 6 Vehicle operations—driver\nfatigue\n","sortOrder":188},{"sectionNumber":"220","sectionType":"section","heading":"Main purpose of Ch 6","content":"220 Main purpose of Ch 6\n(1) The main purpose of this Chapter is to provide for the safe\nmanagement of the fatigue of drivers of fatigue-regulated heavy\nvehicles while they are driving on a road.\n(2) The main purpose is achieved by—\n(a) imposing duties on drivers of fatigue-regulated heavy vehicles\nand particular persons whose activities influence the conduct of\ndrivers of fatigue-regulated heavy vehicles in a way that affects\nthe drivers’ fatigue when driving on a road; and\n(b) imposing general duties directed at preventing persons driving\nfatigue-regulated heavy vehicles on a road while impaired by\nfatigue; and\n(c) imposing additional duties directed at helping drivers of fatigue-\nregulated heavy vehicles to comply with this Chapter, which are\nimposed on particular parties in the chain of responsibility; and\n(d) providing for the maximum work requirements and minimum\nrest requirements applying to drivers of fatigue-regulated heavy\n(e) providing for recording the work times and rest times of drivers,\namongst other things.\n\n","sortOrder":189},{"sectionNumber":"221","sectionType":"section","heading":"Definitions for Ch 6","content":"221 Definitions for Ch 6\n100km work has the meaning given by section 289(1).\n100+km work has the meaning given by section 289(2).\nAFM fatigue management system has the meaning given by\nAFM hours has the meaning given by section 257.\napproved electronic recording system means an electronic recording\nsystem the subject of a current approval under section 343 or a\ncorresponding fatigue law.\napproved sleeper berth means—\n(a) for a fatigue-regulated heavy vehicle other than a fatigue-\nregulated bus—a driver’s sleeper berth that complies with ADR\n42 and is able to be used by the driver when resting; or\n(b) for a fatigue-regulated bus—a driver’s sleeper berth that—\n(i) complies with a standard for sleeper berths that is approved\nby the responsible Ministers under section 654; and\n(ii) is able to be used by the driver when resting.\nBFM hours has the meaning given by section 253.\ncancel, in relation to an unused daily sheet in a written work diary,\nmeans cancel by writing ‘cancelled’ in large letters across the sheet.\n\ncause of fatigue means any factor that could cause or contribute to a\nperson being fatigued while driving a fatigue-regulated heavy vehicle\non a road (whether or not the cause arises while the person is at work).\n• physical or mental exertion\n• long periods of time awake\n• not enough sleep or not enough restorative sleep\n• not enough rest time\n• a person’s circadian rhythm (body clock)\n• environmental stress factors, including heat, noise, vibrations\n• personal health\ncorresponding fatigue law—\n1 A corresponding fatigue law is a law of a non-participating\njurisdiction that provides for the same, or substantially the same,\nmatters as this Chapter.\n2 A corresponding fatigue law for a provision of this Chapter is a\nprovision of a corresponding fatigue law within the meaning of\nparagraph 1 that corresponds, or substantially corresponds, to the\nprovision of this Chapter.\n3 For the purposes of paragraph 1, it is irrelevant whether the law of the\nnon-participating jurisdiction—\n(a) is in 1 instrument or 2 or more instruments; or\n(b) is part of an instrument; or\n(c) is part of an instrument and the whole or part of 1 or more other\ninstruments.\ncritical risk breach, for a maximum work requirement or minimum\nrest requirement, has the meaning given by section 222(4).\ndaily sheet, for a written work diary, has the meaning given by\nsection 338(2)(b).\n\nelectronic recording system means a system of recording information\nelectronically.\nelectronic work diary, in relation to a fatigue-regulated heavy\nvehicle, means all or part of an approved electronic recording system\nthat is fitted to or used in relation to the vehicle to record information\na driver of the vehicle is required by this Law to record in a work\ndiary for the purposes of this Law.\nentry, in a work record, means anything written or otherwise recorded\nin the work record.\nexemption hours has the meaning given by section 259.\nfatigue has the meaning given by section 223.\nimpaired by fatigue has the meaning given by section 225.\nintelligent access program reporting entity, for an approved\nintelligent transport system, means a person on whom there is an\nobligation, imposed by Chapter 7, to report a malfunction of or\ntampering with the system to the Regulator.\nloading manager—\nSection 5 contains the definition loading manager. That definition is\naffected by the definition regular loading or unloading premises, and is\nused in this Chapter.\nAs a result of the interaction of the 2 definitions, this Chapter applies to\na person as a loading manager only if the premises concerned are\npremises at or from which an average of at least 5 fatigue-regulated heavy\nvehicles are loaded or unloaded on each day the premises are operated\nfor loading or unloading heavy vehicles.\nmajor rest break means rest time of at least 5 continuous hours.\nmalfunction, of an electronic work diary or an odometer, means the\nwork diary or odometer—\n(a) ceases to work at all, or works only intermittently; or\n\n(b) does not perform 1 or more functions required under this\nChapter; or\n(c) performs the functions mentioned in paragraph (b) only\nintermittently; or\n(d) performs the functions mentioned in paragraph (b) in a way that\nis inaccurate or unreliable, including intermittently inaccurate or\nunreliable.\nExamples of an electronic work diary malfunctioning—\n• corruption of data held in the electronic work diary\n• a software program fault\n• physical damage that impairs the functioning of the electronic work diary\nExample of an odometer malfunctioning—\n• an odometer that no longer keeps an accurate record of distance travelled\nminor risk breach has the meaning given by section 222(1).\nnight work time means work time between midnight and 6a.m.\nUnder sections 248 and 303, the time must be based on the time zone of\nthe driver’s base for drivers on a journey in a different time zone to the\ndriver’s base.\nnon-participating jurisdiction means a State or Territory that is not a\nparticipating jurisdiction means a State or Territory in which—\n(a) this Chapter applies as a law of the State or Territory; or\n(b) a law containing provisions that substantially correspond to the\nprovisions of this Chapter is in force.\nrecord keeper has the meaning given by section 317.\nrecord location, of the driver of a fatigue-regulated heavy vehicle,\nhas the meaning given by section 290.\n\nrest, in relation to a fatigue-regulated heavy vehicle, means not work\nin relation to a fatigue-regulated heavy vehicle.\nrest time, for the driver of a fatigue-regulated heavy vehicle, means\nany time that is not work time for the driver.\nsevere risk breach has the meaning given by section 222(3).\nsign of fatigue means any sign that a person was, is or will be fatigued\nwhile driving a fatigue-regulated heavy vehicle on a road (whether\nthe sign manifests itself before, during or after the driver drove the\nvehicle).\n• lack of alertness\n• inability to concentrate\n• reduced ability to recognise or respond to external stimuli\n• poor judgment or memory\n• making more mistakes than usual\n• drowsiness, or falling asleep, at work (including microsleeps)\n• finding it difficult to keep eyes open\n• needing more frequent naps than usual\n• not feeling refreshed after sleep\n• excessive head-nodding or yawning\n• blurred vision\n• mood changes, increased irritability or other changes to the person’s mental\nhealth\n• changes to the person’s health or fitness\nsolo driver means a driver who is not a party to a two-up driving\narrangement.\nstandard hours has the meaning given by section 249.\n\nstationary rest time means rest time a driver spends—\n(a) out of a fatigue-regulated heavy vehicle; or\n(b) in an approved sleeper berth of a stationary fatigue-regulated\nsubstantial risk breach has the meaning given by section 222(2).\nsupplementary record means a supplementary record made under\nsection 305.\ntamper, with an approved electronic recording system, has the\nmeaning given by section 334.\ntwo-up driving arrangement means an arrangement under which 2\npersons share the driving of a fatigue-regulated heavy vehicle that has\nan approved sleeper berth.\nwork, in relation to a fatigue-regulated heavy vehicle, means—\n(a) drive a fatigue-regulated heavy vehicle; or\n(b) instruct another person to drive, or supervise another person\ndriving, a fatigue-regulated heavy vehicle; or\n(c) perform another task relating to the use of a fatigue-regulated\nheavy vehicle, including, for example—\n(i) load things onto, or unload things from, the heavy vehicle;\nand\n(ii) inspect, service or repair the heavy vehicle; and\n(iii) inspect or attend to a load on the heavy vehicle; and\n(iv) if the heavy vehicle is a bus, attend to passengers on the\nbus; and\n(v) clean or refuel the heavy vehicle; and\n\n(vi) perform marketing tasks in relation to the use of the\nExamples for the purposes of subparagraph (vi)—\n• arranging for the transport of goods or passengers by the heavy vehicle\n• canvassing for orders for the transport of goods or passengers by the heavy\nvehicle\n(vii) help another person to perform, or supervise another\nperson performing, a task mentioned in any of\nsubparagraphs (i) to (vi); and\n(viii) record information or complete a document, as required\nunder this Law, a corresponding fatigue law or otherwise,\nin relation to the use of the vehicle; or\n(d) occupy the driver’s seat of a fatigue-regulated heavy vehicle\nwhile its engine is running.\nwork and rest change, for the driver of a fatigue-regulated heavy\n(a) a change from work time to rest time; or\n(b) a change from rest time to work time; or\n(c) a change from being a solo driver to being a driver who is a party\nto a two-up driving arrangement; or\n(d) a change from being a driver who is a party to a two-up driving\narrangement to being a solo driver.\nwork and rest hours option has the meaning given by section 243.\nwork diary, for the driver of a fatigue-regulated heavy vehicle—\n(a) generally, means a written work diary or electronic work diary\nkept by the driver for the purposes of this Law; and\n(b) for Subdivision 1 of Division 2 of Part 6.4, see section 292.\n\nwork record means—\n(a) a written or electronic work diary of the driver of a fatigue-\nregulated heavy vehicle; or\n(b) a supplementary record; or\n(c) a record required to be made or kept under (or by a condition\nunder) Division 2, 3, 8 or 8A of Part 6.4; or\n(d) a copy of a document, or an entry in a document, mentioned in\nparagraph (a), (b) or (c).\nwork time, for the driver of a fatigue-regulated heavy vehicle, means\nany time the driver spends undertaking work in relation to the vehicle.\nwritten work diary means a written work diary issued to the driver of\na fatigue-regulated heavy vehicle by the Regulator under section 340\nor a corresponding fatigue law.\n","sortOrder":190},{"sectionNumber":"222","sectionType":"section","heading":"Categories of breaches","content":"222 Categories of breaches\n(1) A contravention of a maximum work requirement or minimum rest\nrequirement is a minor risk breach if it is declared under the national\nregulations to be a breach in the minor risk category.\n(2) A contravention of a maximum work requirement or minimum rest\nrequirement is a substantial risk breach if it is declared under the\nnational regulations to be a breach in the substantial risk category.\n(3) A contravention of a maximum work requirement or minimum rest\nrequirement is a severe risk breach if it is declared under the national\nregulations to be a breach in the severe risk category.\n(4) A contravention of a maximum work requirement or minimum rest\nrequirement is a critical risk breach if it is declared under the national\nregulations to be a breach in the critical risk category.\n\n","sortOrder":191},{"sectionNumber":"223","sectionType":"section","heading":"What is fatigue","content":"223 What is fatigue\n(1) Fatigue includes (but is not limited to)—\n(a) feeling sleepy; and\n(b) feeling physically or mentally tired, weary or drowsy; and\n(c) feeling exhausted or lacking energy; and\n(d) behaving in a way consistent with paragraph (a),(b) or (c).\n(2) The national regulations may contain provisions supplementing,\nclarifying or providing examples for any of the provisions of\nsections 223 to 226.\n","sortOrder":192},{"sectionNumber":"224","sectionType":"section","heading":"Matters court may consider in deciding whether person","content":"224 Matters court may consider in deciding whether person\nwas fatigued\n(1) When deciding whether the driver of a fatigue-regulated heavy\nvehicle was fatigued, a court may consider the following—\n(a) what is commonly understood as being fatigued;\n(b) the causes of fatigue;\n(c) the signs of fatigue;\n(d) any relevant body of fatigue knowledge;\n(e) any other matter prescribed by the national regulations.\n(2) Subsection (1) does not limit the matters the court may consider when\ndeciding whether a driver was impaired by fatigue.\n\nDuties relating to fatigue Part 6.2\n","sortOrder":193},{"sectionNumber":"225","sectionType":"section","heading":"What is impaired by fatigue","content":"225 What is impaired by fatigue\nA driver is impaired by fatigue if the driver’s ability to drive a\nfatigue-regulated heavy vehicle safely is affected by fatigue.\n","sortOrder":194},{"sectionNumber":"226","sectionType":"section","heading":"Matters court may consider in deciding whether person","content":"226 Matters court may consider in deciding whether person\nwas impaired by fatigue\n(1) When deciding whether the driver of a fatigue-regulated heavy\nvehicle was impaired by fatigue, a court may consider any of the\n(a) any relevant cause of fatigue or sign of fatigue that was evident,\nand the degree to which it may indicate that the driver was\nimpaired by fatigue;\n(b) any behaviour exhibited by the driver that may have resulted\nfrom the driver being impaired by fatigue;\nExamples for the purposes of paragraph (b)—\n• the circumstances of any incident, crash or near miss\n• poor driving judgement\n• inattentive driving such as drifting into other lanes on a road or not changing\ngears smoothly\n(c) the nature and extent of any physical or mental exertion by the\ndriver;\n(d) whether the driver was in breach of the driver’s work and rest\nhours option.\n(2) Subsection (1) does not limit the matters the court may consider when\ndeciding whether a driver was impaired by fatigue.\n\n(3) A court may consider the driver to be impaired by fatigue even if the\ndriver has complied with—\n(a) the requirements of this Law, including, for example, the\nmaximum work requirements and minimum rest requirements\napplying to the driver; or\n(b) any other law.\n","sortOrder":195},{"sectionNumber":"228","sectionType":"section","heading":"Duty of driver to avoid driving while fatigued","content":"228 Duty of driver to avoid driving while fatigued\n(1) A person must not drive a fatigue-regulated heavy vehicle on a road\nwhile the person is impaired by fatigue.\n(2) If, in relation to conduct at a particular time in relation to which a\ndriver has been charged with an offence under subsection (1), the\ndriver has been convicted of a prescribed driver offence under another\nlaw in relation to—\n(a) the same conduct; or\n(b) the same kind of conduct occurring during the same journey;\nthe court must discharge the proceedings against the driver.\n(3) If, in relation to conduct at a particular time in relation to which a\ndriver has been charged with an offence under subsection (1), the\ndriver has been convicted of the offence and is also charged with a\nprescribed driver offence under another law (the other offence) in\nrelation to—\n(a) the same conduct; or\n(b) the same kind of conduct occurring during the same journey;\nthe court dealing with the other offence must discharge the\nproceedings against the driver for the other offence.\n\nDuties relating to fatigue Part 6.2\nDuty to avoid fatigue Division 2\nprescribed driver offence under another law means an offence under\nanother law of any jurisdiction prescribed for this definition by the\nnational regulations or a law of that jurisdiction.\n\nPart 6.3 Requirements relating to work\ntime and rest time\n","sortOrder":196},{"sectionNumber":"243","sectionType":"section","heading":"What is a driver’s work and rest hours option","content":"243 What is a driver’s work and rest hours option\n(1) The work and rest hours option of the driver of a fatigue-regulated\nheavy vehicle is the maximum work requirements and minimum rest\nrequirements applying to the driver under this Law.\n(2) The work and rest hours option is—\n(a) the standard work and rest arrangements, which—\noperating other than under a BFM accreditation, AFM\naccreditation or work and rest hours exemption; and\n(ii) are known as ‘standard hours’; or\n(b) the BFM work and rest arrangements, which—\noperating under a BFM accreditation; and\n(ii) are known as ‘BFM hours’; or\n(c) the AFM work and rest arrangements, which—\noperating under an AFM accreditation; and\n(ii) are known as ‘AFM hours’; or\n(d) the maximum work times and minimum rest times stated in a\nwork and rest hours exemption, which—\noperating under the exemption; and\n(ii) are known as ‘exemption hours’.\n\n","sortOrder":197},{"sectionNumber":"244","sectionType":"section","heading":"Counting time spent in participating jurisdictions","content":"244 Counting time spent in participating jurisdictions\nWhen counting work time or rest time spent by the driver of a fatigue-\nregulated heavy vehicle for this Part, the work time or rest time spent\nby the driver in any participating jurisdiction must be counted.\n","sortOrder":198},{"sectionNumber":"245","sectionType":"section","heading":"Counting time spent outside participating jurisdictions","content":"245 Counting time spent outside participating jurisdictions\n(1) This section applies to the driver of a fatigue-regulated heavy vehicle\nif the driver drives a fatigue-regulated heavy vehicle into a\nparticipating jurisdiction from a non-participating jurisdiction.\n(2) If, within the last 7 days, the driver has spent any work time in a\nparticipating jurisdiction, any time spent by the driver in the non-\nparticipating jurisdiction must be treated in the same way as it would\nhave been treated if the time had been spent in a participating\n(3) If, within the last 7 days, the driver spent work time only in non-\nparticipating jurisdictions—\n(a) any time spent by the driver in the non-participating jurisdiction\nbefore the start of the driver’s last major rest break before\nentering a participating jurisdiction must be disregarded; and\n(b) any time spent by the driver in the non-participating jurisdiction\nafter the start of the last major rest break mentioned in paragraph\n(a) must be—\n(i) taken into account; and\n(ii) treated in the same way as it would have been treated if the\ntime had been spent in a participating jurisdiction.\n","sortOrder":199},{"sectionNumber":"246","sectionType":"section","heading":"Counting periods of less than 15 minutes—written work","content":"246 Counting periods of less than 15 minutes—written work\ndiaries\n(1) This section applies if a driver uses a written work diary.\n(2) Work time must be counted in 15 minute periods.\n\n(3) A period of work time of less than 15 minutes counts as 15 minutes\nwork time.\nExamples for the purposes of subsection (3)—\n1 A period of working for 14 minutes counts as 15 minutes work time.\n2 A period of working for 17 minutes counts as 30 minutes work time.\n3 A period of working for 53 minutes counts as 1 hour work time.\n(4) Rest time must be counted in blocks of time of no less than 15\nminutes.\n(5) A period of rest time of less than 15 minutes must be disregarded.\nExamples for the purposes of subsection (5)—\n1 A period of not working for only 14 minutes does not count as rest time,\nbecause 14 minutes is less than 15 minutes.\n2 A period of not working for 17 minutes counts as 15 minutes rest time, because\n17 minutes is more than 15 minutes, but is less than 2 lots of 15 minutes (30\nminutes).\n","sortOrder":200},{"sectionNumber":"246A","sectionType":"section","heading":"Counting periods of less than 15 minutes—electronic","content":"246A Counting periods of less than 15 minutes—electronic\nwork diaries\n(1) This section applies if a driver uses an electronic work diary.\n(2) Work time and rest time must be counted in 1 minute periods.\n(3) A period of work time or rest time of less than 1 minute must not be\ncounted.\n\n(4) A period of rest time of less than 15 minutes does not count towards\na minimum rest time.\nExamples for the purposes of subsection (4)—\n1 A period of not working for 10 minutes does not count towards a minimum\nrest time because 10 minutes is less than 15 minutes.\n2 A period of not working on 3 separate occasions for 14 minutes, 24 minutes\nand 22 minutes does not count as 60 minutes rest time because the period\nof 14 minutes, being less than 15 minutes, is disregarded.\nThis section relates to calculating whether a driver has complied with\nmaximum work requirements and minimum rest requirements applying\nto the driver. It does not matter if the technology used by an electronic\nwork diary counts a period less than 1 minute mentioned in subsections\n(2) and (3) in the course of arriving at calculations that comply with\nthe subsections.\n","sortOrder":201},{"sectionNumber":"247","sectionType":"section","heading":"Time to be counted after rest time ends","content":"247 Time to be counted after rest time ends\nWhen counting time in a period, the time must not be counted from\nwithin rest time, but instead must be counted forward from—\n(a) if 1 or more major rest breaks are relevant to the period—the\nend of a relevant major rest break; or\n(b) in any other case—the end of a relevant period of rest time.\nAn authorised officer intercepts the driver of a fatigue-regulated heavy vehicle on\na Friday and inspects the driver’s work diary. The driver operates under standard\nhours. The officer examines the work diary entries for the previous Monday. The\nentries show that the driver completed 7 continuous hours of stationary rest time at\n6.30a.m. on that day, started work at that time, worked until 11a.m. that day, had\n45 minutes of rest time, worked until 5.00p.m. that day, then had stationary rest\ntime until 4.30a.m. on the following day, Tuesday, and then worked until 6.30a.m.\non that day.\n\nIn order to determine the total number of hours worked by the driver in a 24 hour\nperiod starting on the Monday, then in accordance with section 247 (a) the officer\nmust commence counting from the end of the relevant major rest break, which in\nthis case is from 6.30a.m. on the Monday until 6.30a.m. on the Tuesday. Adding up\nthe driver’s work periods - 6.30a.m. to 11a.m., 11.45a.m. to 5.00p.m. and 4.30a.m.\nto 6.30a.m. - results in a total of 11¾ hours worked in the 24 hour period.\nThe officer might also decide to assess whether the driver has complied with his or\nher maximum work and minimum rest requirements for the same 24 hour period.\nFor instance, in any period of 5½ hours, a driver must not work for more than 5¼\nhours and must have at least 15 minutes continuous rest when operating under\nstandard hours. To assess whether the driver has complied with this requirement,\nthen in accordance with section 247 (b) the officer must commence counting only\nfrom the end of a period of rest - from either 6.30a.m. or 11.45a.m. on the Monday,\nor from 4.30a.m. on the Tuesday. If the officer commenced counting at the end of\nthe rest time that finished at 11.45a.m., the officer would see that the driver had\nworked for 5¼ continuous hours before commencing rest.\nFor the purposes of determining whether on Monday the driver had a minimum of\n7 continuous hours stationary rest in a 24 hour period as required under standard\nhours, the officer must assess the length of the periods of stationary rest time the\ndriver had between the end of the major rest break that finished at 6.30a.m. on the\nMonday and 6.30a.m. on the Tuesday. The officer sees that between 5.00p.m. on\nthe Monday and 4.30a.m. on the Tuesday the driver had a total of 11½ continuous\nhours of stationary rest time.\n","sortOrder":202},{"sectionNumber":"248","sectionType":"section","heading":"Time to be counted by reference to time zone of driver’s","content":"248 Time to be counted by reference to time zone of driver’s\nbase\nIf the driver of a fatigue-regulated heavy vehicle undertakes a journey\nand is in a different time zone from the time zone of the driver’s base\nat the time when a period of time is relevant for the purposes of this\nLaw, the period must be counted by reference to the time zone of the\ndriver’s base.\nIf, for the driver of a fatigue-regulated heavy vehicle with a base in Queensland, it\nis necessary to work out the hours of night work time while the driver is in Western\nAustralia on a journey, the hours of night work time are the hours between midnight\nand 6a.m. in the Queensland time zone (being the time zone in which the driver’s\nbase is situated), even though the hours equate to 10p.m. and 4a.m. in Western\n\nStandard work and rest arrangements Division 2\n","sortOrder":203},{"sectionNumber":"249","sectionType":"section","heading":"Standard hours","content":"249 Standard hours\n(1) The national regulations may prescribe the maximum work times and\nminimum rest times (the standard hours) applying to the driver of a\nfatigue-regulated heavy vehicle for a period if the driver is not\noperating under a BFM accreditation, AFM accreditation or work and\nrest hours exemption.\nprescribe—\n(a) different standard hours for solo drivers, solo drivers of fatigue-\nregulated buses and drivers who are a party to a two-up driving\narrangement; and\n(b) that a solo driver of a fatigue-regulated bus may operate under\neither, but not both, the standard hours for solo drivers or the\nstandard hours for solo drivers of fatigue-regulated buses; and\n(c) that a minor risk breach of a maximum work requirement\nprescribed in the regulations is not to be treated as a minor risk\nbreach.\n(3) A minor risk breach prescribed for the purposes of subsection (2)(c)\nis not a contravention of section 250 or 251.\n","sortOrder":204},{"sectionNumber":"250","sectionType":"section","heading":"Operating under standard hours—solo drivers","content":"250 Operating under standard hours—solo drivers\n(1) The solo driver of a fatigue-regulated heavy vehicle commits an\noffence if, in any period stated in the standard hours for the driver,\nthe driver—\nstandard hours for the period; or\n\n(b) rests for less than the minimum rest time stated in the standard\n","sortOrder":205},{"sectionNumber":"251","sectionType":"section","heading":"Operating under standard hours—two-up drivers","content":"251 Operating under standard hours—two-up drivers\n(1) The driver of a fatigue-regulated heavy vehicle who is a party to a\ntwo-up driving arrangement commits an offence if, in any period\nstated in the standard hours for the driver, the driver—\nstandard hours for the period; or\n(b) rests for less than the minimum rest time stated in the standard\n\nStandard work and rest arrangements Division 2\n","sortOrder":206},{"sectionNumber":"252","sectionType":"section","heading":"Defence relating to short rest breaks for drivers operating","content":"252 Defence relating to short rest breaks for drivers operating\nunder standard hours\n(1) This section applies if, at a particular time, the driver of a fatigue-\nregulated heavy vehicle is required, under section 250 or 251, to have\na short rest break.\nExamples of when this section applies—\nThe driver is required to have 15 continuous minutes rest time because—\n(a) the driver has worked for 51/4 hours; or\n(b) the driver has worked for 71/2 hours and has only had 15 continuous minutes\nrest time during that period; or\n(c) the driver has worked for 10 hours and has only had 3 lots of 15 continuous\nminutes rest time during that period.\n(2) In a proceeding for an offence against section 250 or 251 relating to\nthe driver failing to have the short rest break, it is a defence for the\ndriver to prove that—\n(a) at the time the driver was required to have the short rest break,\nthere was no suitable rest place for fatigue-regulated heavy\n(b) the driver had the short rest break—\n(i) at the next suitable rest place for fatigue-regulated heavy\nvehicles available after that time on the forward route of\nthe driver’s journey; and\n(ii) no later than 45 minutes after the time the driver was\nrequired to have the short rest break.\nExample of when the defence applies—\nThe driver of a fatigue-regulated heavy vehicle fails to have a short rest break after\n51/4 hours of work time because there was no suitable rest place for fatigue-\nregulated heavy vehicles when the driver was scheduled to have the short rest break.\nInstead, the driver has a short rest break after 51/2 hours work at a suitable rest place\nfor fatigue-regulated heavy vehicles down the road.\n\nshort rest break means rest time of less than 1 hour.\n","sortOrder":207},{"sectionNumber":"253","sectionType":"section","heading":"BFM hours","content":"253 BFM hours\n(1) The national regulations may prescribe the maximum work times and\nminimum rest times applying to the driver of a fatigue-regulated\nheavy vehicle for a period if the driver is operating under a BFM\naccreditation (the BFM hours).\nprescribe—\n(a) different BFM hours for solo drivers and drivers who are a party\nto a two-up driving arrangement; and\n(b) that a minor risk breach of a maximum work requirement\nprescribed in the regulations is not to be treated as a minor risk\nbreach.\n(3) A minor risk breach prescribed for the purposes of subsection (2)(b)\nis not a contravention of section 254 or 256.\n\nBFM work and rest arrangements Division 3\n","sortOrder":208},{"sectionNumber":"254","sectionType":"section","heading":"Operating under BFM hours—solo drivers","content":"254 Operating under BFM hours—solo drivers\n(1) The solo driver of a fatigue-regulated heavy vehicle commits an\noffence if, in any period stated in the BFM hours for the driver, the\n(a) works for more than the maximum work time stated in the BFM\nhours for the period; or\n(b) rests for less than the minimum rest time stated in the BFM\n","sortOrder":209},{"sectionNumber":"255","sectionType":"section","heading":"Defence for solo drivers operating under BFM hours","content":"255 Defence for solo drivers operating under BFM hours\nrelating to split rest breaks\n(1) This section applies if, at a particular time, the driver of a fatigue-\nregulated heavy vehicle is required under section 254 to have 7\ncontinuous hours of stationary rest time in a period of 24 hours.\n(2) In a proceeding for an offence against section 254 for a solo driver of\na fatigue-regulated heavy vehicle relating to the driver failing to have\nthe 7 continuous hours of stationary rest time, it is a defence for the\ndriver to prove that—\n(a) at the time the driver was required to have the 7 continuous\nhours of stationary rest time, the driver was operating under\nBFM hours as a solo driver of a fatigue-regulated heavy vehicle;\nand\n\n(b) during the period of 24 hours for which the 7 continuous hours\nof stationary rest time was required to be had, the driver had 6\ncontinuous hours of stationary rest time and 2 continuous hours\nof stationary rest time (a split rest break); and\n(c) the driver had not had a split rest break in the previous 24-hour\nperiod.\nExample of when the defence applies—\nThe driver of a fatigue-regulated heavy vehicle stops work to have 7 continuous\nhours of stationary rest time, but can not sleep, so the driver has only 2 continuous\nhours of stationary rest time and then drives on for a further 2 hours and has a\nfurther 6 continuous hours of stationary rest time at another place down the road.\nIn the previous 24-hour period the driver had 7 continuous hours of stationary rest\n","sortOrder":210},{"sectionNumber":"256","sectionType":"section","heading":"Operating under BFM hours—two-up drivers","content":"256 Operating under BFM hours—two-up drivers\n(1) The driver of a fatigue-regulated heavy vehicle who is a party to a\ntwo-up driving arrangement commits an offence if, in any period\nstated in the BFM hours for the driver, the driver—\n(a) works for more than the maximum work time stated in the BFM\nhours for the period; or\n(b) rests for less than the minimum rest time stated in the BFM\n\nAFM work and rest arrangements Division 4\nDivision 4 AFM work and rest arrangements\n","sortOrder":211},{"sectionNumber":"257","sectionType":"section","heading":"AFM hours","content":"257 AFM hours\nAFM hours are the maximum work times and minimum rest times\napplying, for a period, to the driver of a fatigue-regulated heavy\nvehicle operating under an AFM accreditation, and stated in the\naccreditation certificate for the accreditation.\n","sortOrder":212},{"sectionNumber":"258","sectionType":"section","heading":"Operating under AFM hours","content":"258 Operating under AFM hours\n(1) The driver of a fatigue-regulated heavy vehicle commits an offence\nif, in any period stated in the AFM hours for the driver, the driver—\n(a) works for more than the maximum work time stated in the AFM\nhours; or\n(b) rests for less than the minimum rest time stated in the AFM\n\nDivision 5 Arrangements under work and rest hours exemption\nDivision 5 Arrangements under work and rest\nhours exemption\n259 Exemption hours\n(1) Exemption hours are the maximum work times and minimum rest\ntimes applying, for a period, to the driver of a fatigue-regulated heavy\nvehicle operating under a work and rest hours exemption, and stated\nin the relevant document for the exemption.\nrelevant document means—\n(a) for a work and rest hours exemption (notice)—the\nCommonwealth Gazette notice for the exemption; or\n(b) for a work and rest hours exemption (permit)—the permit for\nthe exemption.\n","sortOrder":213},{"sectionNumber":"260","sectionType":"section","heading":"Operating under exemption hours","content":"260 Operating under exemption hours\n(1) The driver of a fatigue-regulated heavy vehicle operating under a\nwork and rest hours exemption commits an offence if, in any period\nstated in the exemption hours for the exemption, the driver—\nexemption hours; or\n(b) rests for less than the minimum rest time stated in the exemption\n\nChanging work and rest hours option Division 7\n","sortOrder":214},{"sectionNumber":"262","sectionType":"section","heading":"Changing work and rest hours option","content":"262 Changing work and rest hours option\n(1) The driver of a fatigue-regulated heavy vehicle may operate under\nonly 1 work and rest hours option at any 1 time.\n(2) However, the driver of a fatigue-regulated heavy vehicle may change\nfrom 1 work and rest hours option to a different work and rest hours\noption.\n","sortOrder":215},{"sectionNumber":"263","sectionType":"section","heading":"Operating under new work and rest hours option after","content":"263 Operating under new work and rest hours option after\nchange\n(1) The driver of a fatigue-regulated heavy vehicle must not drive the\nvehicle after changing from 1 work and rest hours option to a different\nwork and rest hours option unless—\n(a) if the change is from standard hours or BFM hours, either the\n(i) is in compliance with all the maximum work requirements\nand minimum rest requirements under the work and rest\nhours option to which the driver has changed; or\n(ii) has had a reset rest break; and\nExamples for the purposes of paragraph (a)—\n1 If the driver of a fatigue-regulated heavy vehicle is changing from BFM hours\nto standard hours and the minimum rest requirements applying to drivers\noperating under standard hours requires the driver to have a longer rest time\nthan is required under BFM hours, the driver may start driving under standard\nhours only if the driver has had the longer rest time or a reset rest break.\n2 If the driver of a fatigue-regulated heavy vehicle is changing from BFM hours\nto standard hours and the minimum rest requirements applying to drivers\noperating under standard hours requires the driver to have rest time earlier than\nis required under BFM hours, the driver may start driving under standard hours\nonly if the driver has had the earlier rest time or a reset rest break.\n(b) if the change is from AFM hours or exemption hours, the driver\nhas had a reset rest break; and\n\n(c) the driver complies with all other requirements of the work and\nrest hours option to which the driver has changed.\nExample of other requirements for the purposes of paragraph (c)—\nIf the driver is changing to BFM hours or AFM hours, the driver must be inducted\ninto the relevant operator’s BFM or AFM fatigue management system.\n(2) If the driver of a fatigue-regulated heavy vehicle has had a reset rest\nbreak between changing from 1 work and rest hours option to a\ndifferent work and rest hours option, the period to which the new\nwork and rest hours option applies must be counted forward from the\nend of the reset rest break.\nreset rest break means a period of rest time of at least 48 continuous\n","sortOrder":216},{"sectionNumber":"264","sectionType":"section","heading":"Duty of employer, prime contractor, operator and","content":"264 Duty of employer, prime contractor, operator and\nscheduler to ensure driver compliance\nchanges from 1 work and rest hours option to a different work and\nrest hours option.\n(2) A relevant party for the driver must ensure, so far as is reasonably\npracticable, the driver—\n(a) does not drive a fatigue-regulated heavy vehicle after making\nthe change unless the driver has complied with section 263; and\n(b) can comply with his or her obligations in relation to the change.\n\nthe operator; or\n(d) a scheduler for the vehicle.\n","sortOrder":217},{"sectionNumber":"Div 8","sectionType":"division","heading":"Exemptions relating to work times","content":"Division 8 Exemptions relating to work times\nand rest times\n","sortOrder":218},{"sectionNumber":"265","sectionType":"section","heading":"Emergency services exemption","content":"265 Emergency services exemption\n(1) A person who is acting for an emergency service and who has time-\ncritical duties on the way to, or during, an emergency is exempted in\nthe course of carrying out the duties from compliance with this Part.\n(2) A person who is acting for an emergency service and who is returning\nfrom attending an emergency is exempted from compliance with this\nPart if the person reasonably believes the noncompliance does not\npresent an unreasonable danger to other road users.\n(3) A person who is acting for an emergency service is exempted from\ncompliance with this Part under subsection (1) or (2) only if, at the\nrelevant time, the person complies with any guidelines regarding the\nmanagement of fatigue issued by or on behalf of the emergency\nservice or an authority responsible for oversight of the emergency\nservice.\n\nemergency means an event, or an anticipated event, that—\n(a) endangers, or may endanger, life, property or the environment;\nor\n(b) has disrupted, or may disrupt, communications, energy supply,\nwater supply or sewerage services; or\n(c) is declared to be an emergency or disaster by—\n(i) the Commonwealth or a State or Territory; or\n(ii) a Commonwealth or State or Territory authority\nresponsible for managing responses to emergencies or\ndisasters.\nExamples of an emergency—\nfire, explosion or natural disaster\nemergency service means an entity that has a statutory responsibility\nto respond to an emergency and includes the following—\n(a) an ambulance service;\n(b) a fire brigade, including a volunteer fire brigade;\n(c) a police force or police service;\n(d) a disaster or emergency organisation of the Commonwealth or a\nState or Territory.\n\n","sortOrder":219},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Exemptions by Commonwealth Gazette","content":"Subdivision 2 Exemptions by Commonwealth Gazette\n","sortOrder":220},{"sectionNumber":"266","sectionType":"section","heading":"Regulator’s power to exempt class of drivers from","content":"266 Regulator’s power to exempt class of drivers from\nparticular maximum work requirements and minimum\nrest requirements\nwith section 270, grant an exemption to allow, for a period of not\nmore than 3 years, a class of drivers of fatigue-regulated heavy\nvehicles to operate under the maximum work times and minimum rest\ntimes stated in the exemption.\n(2) An exemption under subsection (1) is a work and rest hours\n","sortOrder":221},{"sectionNumber":"267","sectionType":"section","heading":"Restriction on grant of work and rest hours exemption","content":"267 Restriction on grant of work and rest hours exemption\n(1) The Regulator may grant a work and rest hours exemption (notice)\n(a) requiring the class of drivers to whom the exemption is to apply\nto comply with the standard hours would be an unreasonable\nrestriction on operations conducted by—\n(i) the class of drivers; or\n(ii) relevant parties for the class of drivers; and\n(b) if the maximum work times and minimum rest times to apply\nunder the exemption could be accommodated within BFM hours\nor AFM hours—the requirements applying to BFM\naccreditation or AFM accreditation under this Law would,\nhaving regard to the nature of the operations, be unreasonable\nfor the operations conducted by—\n(i) the class of drivers; or\n(ii) relevant parties for the class of drivers; and\n\n(c) the driver fatigue management practices that are to apply to\ndrivers operating under the exemption would, if followed, safely\nmanage fatigue risks; and\n(d) the class of drivers to whom the exemption is to apply is likely\nto follow the practices consistently and effectively.\n(2) In deciding whether or not to grant a work and rest hours exemption\n(notice), the Regulator must have regard to the approved guidelines\nfor granting work and rest hours exemptions.\nrelevant parties, for a class of drivers of fatigue-regulated heavy\nvehicles, means—\n(a) employers of the class of drivers if they are employed drivers;\nor\n(b) prime contractors for the class of drivers if they are self-\nemployed drivers; or\n(c) operators of fatigue-regulated heavy vehicles if the drivers of the\nclass are to make journeys for the operators using the vehicles.\n","sortOrder":222},{"sectionNumber":"268","sectionType":"section","heading":"Conditions of work and rest hours exemption (notice)","content":"268 Conditions of work and rest hours exemption (notice)\nA work and rest hours exemption (notice) may be subject to any\n(a) conditions about driver fatigue management practices that are to\napply to drivers operating under the exemption; and\n(b) conditions about keeping records relating to the driver fatigue\nmanagement practices; and\n\n(c) a condition that the driver of a fatigue-regulated heavy vehicle\nwho is operating under the exemption must keep in the driver’s\n","sortOrder":223},{"sectionNumber":"269","sectionType":"section","heading":"Period for which work and rest hours exemption (notice)","content":"269 Period for which work and rest hours exemption (notice)\nA work and rest hours exemption (notice)—\n","sortOrder":224},{"sectionNumber":"270","sectionType":"section","heading":"Requirements about Commonwealth Gazette notice","content":"270 Requirements about Commonwealth Gazette notice\n(1) A Commonwealth Gazette notice for a work and rest hours exemption\n(a) the class of drivers of fatigue-regulated heavy vehicles to which\nthe exemption applies;\n(b) the maximum work times and minimum rest times that are to\napply to drivers operating under the exemption;\n(c) the other conditions of the exemption;\n\n","sortOrder":225},{"sectionNumber":"271","sectionType":"section","heading":"Amendment or cancellation of work and rest hours","content":"271 Amendment or cancellation of work and rest hours\nand rest hours exemption (notice)—\n(a) since the exemption was granted, there has been a change in the\nsubject to conditions or different conditions;\n(b) the use of fatigue-regulated heavy vehicles under the exemption\nhas caused, or is likely to cause, a significant risk to public\nsafety.\nand rest hours exemption (notice), the Regulator may amend or cancel\nthe exemption by complying with subsections (3) to (5).\n(a) stating that the Regulator believes a ground mentioned in\nsubsection (1)(a) or (b) for amending or cancelling the\nexemption exists; and\n\n","sortOrder":226},{"sectionNumber":"272","sectionType":"section","heading":"Immediate suspension","content":"272 Immediate suspension\n(a) a ground exists to cancel a work and rest hours exemption\n(notice); and\n(b) it is necessary to suspend the exemption immediately to prevent\nor minimise serious harm to public safety.\n\n(b) the Regulator publishes a notice under section 271(5) and the\namendment or cancellation takes effect under section 271(6);\n(4) The suspension, or (where relevant) the cancellation of the\n(5) This section applies despite section 271.\n","sortOrder":227},{"sectionNumber":"273","sectionType":"section","heading":"Regulator’s power to exempt drivers from particular","content":"273 Regulator’s power to exempt drivers from particular\nmaximum work requirements and minimum rest\nsection 278, grant an exemption to allow, for a period of not more\nthan 3 years, a driver of a fatigue-regulated heavy vehicle, or a class\nof drivers of fatigue-regulated heavy vehicles, to operate under the\nmaximum work times and minimum rest times stated in the\n(2) An exemption under subsection (1) is a work and rest hours\n(3) The Regulator may grant a work and rest hours exemption (permit)\nto the operator of a fatigue-regulated heavy vehicle in combination\nwith the operator’s BFM accreditation or AFM accreditation.\n(4) The Regulator may grant a work and rest hours exemption (permit)—\n(a) in a way that does not cover all the drivers sought by the\napplicant; or\n(b) setting maximum work times and minimum rest times different\nto the maximum work times and minimum rest times sought by\nthe applicant.\n\n","sortOrder":228},{"sectionNumber":"274","sectionType":"section","heading":"Application for work and rest hours exemption (permit)","content":"274 Application for work and rest hours exemption (permit)\n(1) Any of the following persons may apply to the Regulator for a work\nand rest hours exemption (permit)—\n(a) an employer of a driver of a fatigue-regulated heavy vehicle;\n(b) a prime contractor for a driver of a fatigue-regulated heavy\n(c) an operator of a fatigue-regulated heavy vehicle;\n(d) a self-employed driver of a fatigue-regulated heavy vehicle.\n(ii) any conditions to which the exemption is sought to be\nsubject;\n(iii) the name of the driver of a fatigue-regulated heavy vehicle\nto whom the exemption is sought to apply, or details of the\nclass of drivers of fatigue-regulated heavy vehicles to\nwhom the exemption is sought to apply;\n(iv) the proposed maximum work times and minimum rest\ntimes that would be followed by drivers operating under\nthe exemption;\n(v) if the proposed maximum work times and minimum rest\ntimes to apply under the exemption could be\naccommodated within BFM hours or AFM hours—\n(A) the driver fatigue management practices that would\nbe followed by the applicant and drivers operating\nunder the exemption; and\n\n(B) how the practices would safely manage fatigue risks;\nand\n(C) how the requirements applying to BFM accreditation\nor AFM accreditation under this Law would be\nunreasonable for the operations conducted by the\napplicant, having regard to the nature of the\noperations; and\n(D) be accompanied by the prescribed fee for the\n","sortOrder":229},{"sectionNumber":"275","sectionType":"section","heading":"Restriction on grant of work and rest hours exemption","content":"275 Restriction on grant of work and rest hours exemption\n(1) The Regulator may grant a work and rest hours exemption (permit)\n(a) requiring the drivers to whom the exemption is to apply to\ncomply with the standard hours would be an unreasonable\nrestriction on operations conducted by the applicant; and\n(b) if the maximum work times and minimum rest times to apply\nunder the exemption could be accommodated within BFM hours\nor AFM hours—the requirements applying to BFM\naccreditation or AFM accreditation under this Law would be\nunreasonable for the operations conducted by the applicant,\nhaving regard to the nature of the operations; and\n(c) the driver fatigue management practices that are to apply to\ndrivers operating under the exemption would, if followed, safely\nmanage fatigue risks; and\n(d) the drivers to whom the exemption is to apply are likely to\nfollow the practices consistently and effectively.\n\n(2) In deciding whether or not to grant a work and rest hours exemption\n(permit), the Regulator must have regard to the approved guidelines\nfor granting work and rest hours exemptions.\n","sortOrder":230},{"sectionNumber":"276","sectionType":"section","heading":"Conditions of work and rest hours exemption (permit)","content":"276 Conditions of work and rest hours exemption (permit)\n(1) If the Regulator grants a work and rest hours exemption (permit) to\nthe operator of a fatigue-regulated heavy vehicle in combination with\nthe operator’s BFM accreditation or AFM accreditation, it is a\ncondition of the exemption that the operator must comply with all the\nconditions of the operator’s BFM accreditation or AFM accreditation.\n(2) A work and rest hours exemption (permit) may be subject to any other\nexample, conditions about—\n(a) driver fatigue management practices that are to apply to drivers\noperating under the exemption; and\n(b) keeping records relating to the driver fatigue management\npractices.\n","sortOrder":231},{"sectionNumber":"277","sectionType":"section","heading":"Period for which work and rest hours exemption (permit)","content":"277 Period for which work and rest hours exemption (permit)\n(1) A work and rest hours exemption (permit) applies for the period\nstated in the permit for the exemption.\nwork and rest hours exemption (permit).\n","sortOrder":232},{"sectionNumber":"278","sectionType":"section","heading":"Permit for work and rest hours exemption (permit) etc.","content":"278 Permit for work and rest hours exemption (permit) etc.\n(1) If the Regulator grants a work and rest hours exemption (permit) to a\n\n(b) if prescribed circumstances apply to the grant of the\nexemption—an information notice for the prescribed\n(2) A permit for a work and rest hours exemption (permit) must state the\n(b) the driver of a fatigue-regulated heavy vehicle, or class of\ndrivers of fatigue-regulated heavy vehicles, to which the\n(c) the maximum work times and minimum rest times that apply to\ndrivers operating under the exemption;\n(d) the conditions of the exemption, including, if applicable, the\ncondition mentioned in section 276(1);\n(e) the period for which the exemption applies.\nprescribed circumstances, for a work and rest hours exemption\n(permit), means the Regulator has—\n(a) imposed conditions on the exemption under section 276(2); or\n(b) granted the exemption in a way that does not cover all the drivers\nsought by the applicant for the exemption; or\n(c) granted the exemption setting maximum work times and\nminimum rest times different to the maximum work times and\nminimum rest times sought by the applicant for the exemption;\nor\n(d) granted the exemption for a period less than the period of not\nmore than 3 years sought by the applicant for the exemption.\n\n","sortOrder":233},{"sectionNumber":"279","sectionType":"section","heading":"Refusal of application for work and rest hours exemption","content":"279 Refusal of application for work and rest hours exemption\nIf the Regulator refuses an application for a work and rest hours\n","sortOrder":234},{"sectionNumber":"280","sectionType":"section","heading":"Amendment or cancellation of work and rest hours","content":"280 Amendment or cancellation of work and rest hours\n(1) The holder of a permit for a work and rest hours exemption (permit)\nmay apply to the Regulator for an amendment or cancellation of the\n\n","sortOrder":235},{"sectionNumber":"281","sectionType":"section","heading":"Amendment or cancellation of work and rest hours","content":"281 Amendment or cancellation of work and rest hours\nand rest hours exemption (permit)—\n(b) the holder of the permit for the exemption has contravened this\nLaw or a corresponding fatigue law;\n(c) a driver of a fatigue-regulated heavy vehicle to whom the\nexemption applies has contravened this Law or a corresponding\nfatigue law;\n\nand rest hours exemption (permit) (the proposed action), the\nand\n(3) If, after considering all written representations made under subsection\n(2)(e), the Regulator still considers a ground exists to take the\nproposed action, the Regulator may—\n\n","sortOrder":236},{"sectionNumber":"282","sectionType":"section","heading":"Immediate suspension of work and rest hours exemption","content":"282 Immediate suspension of work and rest hours exemption\n(a) a ground exists to cancel a work and rest hours exemption\n(b) it is necessary to suspend the exemption immediately to prevent\nor minimise serious harm to public safety.\nto the person to whom the permit for the exemption was given,\nimmediately suspend the exemption until the earliest of the\n(a) the Regulator gives the holder a notice under section 281(4) and\nthe amendment or cancellation takes effect under\nsection 281(5);\nis given to the holder.\n(3) This section applies despite sections 280 and 281.\n","sortOrder":237},{"sectionNumber":"283","sectionType":"section","heading":"Minor amendment of work and rest hours exemption","content":"283 Minor amendment of work and rest hours exemption\nwork and rest hours exemption (permit), amend the exemption in a\n\n","sortOrder":238},{"sectionNumber":"284","sectionType":"section","heading":"Return of permit","content":"284 Return of permit\n(1) If a person’s work and rest hours exemption (permit) is amended or\ncancelled, the Regulator may, by notice given to the person, require\nthe person to return the person’s permit for the exemption to the\n","sortOrder":239},{"sectionNumber":"285","sectionType":"section","heading":"Replacement of defaced etc. permit","content":"285 Replacement of defaced etc. permit\n(1) If a person’s permit for a work and rest hours exemption (permit) is\ndefaced, destroyed, lost or stolen, the person must, as soon as\n\n","sortOrder":240},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Offences relating to operating under","content":"Subdivision 4 Offences relating to operating under\nwork and rest hours exemption etc.\n","sortOrder":241},{"sectionNumber":"286","sectionType":"section","heading":"Contravening condition of work and rest hours","content":"286 Contravening condition of work and rest hours\n(1) A person must not contravene a condition of a work and rest hours\ncondition, of a work and rest hours exemption, does not include—\n(a) a condition mentioned in section 287(1); or\n(b) anything stating the exemption hours for the exemption.\n","sortOrder":242},{"sectionNumber":"287","sectionType":"section","heading":"Keeping relevant document while operating under work","content":"287 Keeping relevant document while operating under work\nand rest hours exemption (notice)\n(1) This section applies if a work and rest hours exemption (notice) is\nsubject to the condition that the driver of a fatigue-regulated heavy\nvehicle who is operating under the exemption must keep a relevant\ndocument in the driver’s possession.\n(2) A driver of the fatigue-regulated heavy vehicle who is operating\nunder the work and rest hours exemption (notice) must comply with\nthe condition.\n\nrelevant document, for a work and rest hours exemption (notice),\n","sortOrder":243},{"sectionNumber":"288","sectionType":"section","heading":"Keeping copy of permit while driving under work and rest","content":"288 Keeping copy of permit while driving under work and rest\nhours exemption (permit)\n(1) The driver of a fatigue-regulated heavy vehicle who is driving the\nvehicle under a work and rest hours exemption (permit) must keep a\ncopy of the permit for the exemption in the driver’s possession.\n(2) If the driver of a fatigue-regulated heavy vehicle is operating under a\nwork and rest hours exemption (permit) granted to a relevant party\nfor the driver and the relevant party has given the driver a copy of a\npermit for the purpose of subsection (1), the driver must, as soon as\nreasonably practicable, return the copy to the relevant party if the\n(a) stops working for the relevant party; or\n(b) stops operating under the relevant party’s exemption; or\n\n(c) no longer meets the requirements relating to drivers under the\nrelevant party’s exemption.\n\nPart 6.4 Requirements about record\nkeeping\n","sortOrder":244},{"sectionNumber":"289","sectionType":"section","heading":"What is 100km work and 100+km work","content":"289 What is 100km work and 100+km work\n(1) The driver of a fatigue-regulated heavy vehicle is undertaking 100km\nwork if the driver is driving in an area with a radius of 100km or less\nfrom the driver’s base.\n(2) The driver of a fatigue-regulated heavy vehicle is undertaking\n100+km work if the driver is driving in an area with a radius of more\nthan 100km from the driver’s base.\n(3) To remove any doubt, it is declared that the driver of a fatigue-\nregulated heavy vehicle to whom subsection (2) applies—\n(a) is taken to be undertaking 100+km work even while the driver\nis driving in an area within a radius of 100km or less from the\ndriver’s base; and\n(b) if the driver is required to record information in a work diary\nunder this Part, must record particulars of the journey in the\ndriver’s work diary from the beginning of the journey.\n","sortOrder":245},{"sectionNumber":"290","sectionType":"section","heading":"What is a driver’s record location","content":"290 What is a driver’s record location\nThe record location of the driver of a fatigue-regulated heavy vehicle\nis—\n(a) if the driver’s record keeper has advised the driver of the place\nthat is the driver’s record location—the place advised; or\n(b) otherwise—the driver’s base.\n\n","sortOrder":246},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Requirement to carry work diary","content":"Subdivision 1 Requirement to carry work diary\n","sortOrder":247},{"sectionNumber":"291","sectionType":"section","heading":"Application of Sdiv 1","content":"291 Application of Sdiv 1\nThis Subdivision applies if the driver of a fatigue-regulated heavy\n(a) is undertaking 100+km work under standard hours; or\n(b) was undertaking 100+km work under standard hours in the last\n28 days; or\n(c) is working under BFM hours, AFM hours or exemption hours;\nor\n(d) was working under BFM hours, AFM hours or exemption hours\nin the last 28 days.\n","sortOrder":248},{"sectionNumber":"292","sectionType":"section","heading":"Meaning of work diary for Sdiv 1","content":"292 Meaning of work diary for Sdiv 1\n(1) In this Subdivision, a reference to a work diary in relation to the driver\nof a fatigue-regulated heavy vehicle is a reference to the following—\n(a) if the driver has used only 1 or more written work diaries in the\nlast 28 days—\n(i) the written work diary the driver is currently using; and\n(ii) any filled-up written work diary the driver has used during\nthe last 28 days;\n(b) if the driver has used only 1 or more electronic work diaries in\nthe last 28 days—information in each electronic work diary\nrelating to any period during the last 28 days;\n\n(c) if the driver has used a combination of 1 or more written work\ndiaries and 1 or more electronic work diaries in the last 28\ndays—\n(i) each of the written work diaries the driver is using or has\nused during the last 28 days; and\n(ii) the information in each of the electronic work diaries the\ndriver is using or has used during the last 28 days that\nrelates to any period during the last 28 days.\n(2) If the driver has made a supplementary record in the last 28 days, for\nthis Subdivision, the supplementary record is taken to be part of the\ndriver’s work diary.\nSection 305 (4) provides in effect that a driver can no longer use a\nsupplementary record if the driver is issued with a new work diary, the\ndriver’s existing electronic work diary is made capable of recording new\ninformation or is brought back into working order, or 7 business days\nhave expired (whichever first happens).\n","sortOrder":249},{"sectionNumber":"293","sectionType":"section","heading":"Driver of fatigue-regulated heavy vehicle must carry work","content":"293 Driver of fatigue-regulated heavy vehicle must carry work\ndiary\n(1) The driver of a fatigue-regulated heavy vehicle must—\n(a) keep a work diary; and\n(b) ensure—\n(i) the driver’s work diary records the information required to\nbe recorded under Subdivision 2 for each day in the\nprevious 28 days; and\n\n(ii) the driver’s work diary is in the driver’s possession while\nthe driver is driving the vehicle.\n1 For the requirement to record particular information in a supplementary record\nif the work diary of the driver of a fatigue-regulated heavy vehicle is filled up,\ndestroyed, lost, stolen or, for an electronic diary, is malfunctioning, see section\n305.\n2 Under section 568, an authorised officer may require the driver of a fatigue-\nregulated heavy vehicle to produce for inspection the driver’s work diary.\n(2) Subsection (1) applies irrespective of the number of days in the\nprevious 28 days the driver spent working in relation to a fatigue-\nregulated heavy vehicle.\n(3) In a proceeding for an offence against subsection (1) relating to the\ndriver failing to keep a work diary containing particular information,\nit is a defence for the driver to prove that—\n(a) the information was recorded in a work diary that, at the time of\nthe offence, has been destroyed (other than by the driver) or lost\nor stolen; or\n(b) the information was—\n(i) recorded in an electronic work diary; and\n(ii) destroyed or lost as a result of a malfunction of the\nelectronic work diary before the information was given to\nthe driver’s record keeper or recorded in any other way.\n\nSubdivision 2 Information required to be included in\n","sortOrder":250},{"sectionNumber":"294","sectionType":"section","heading":"Purpose of and definition for Sdiv 2","content":"294 Purpose of and definition for Sdiv 2\n(1) This Subdivision provides for the information the driver of a fatigue-\nregulated heavy vehicle must record in the driver’s work diary for\neach day on which the driver—\n(a) undertakes 100+km work under standard hours; or\n(b) works under BFM hours, AFM hours or exemption hours.\n(2) In this Subdivision—\nrequired information means information required by the national\nregulations under section 295 to be recorded in the driver’s work\ndiary.\n","sortOrder":251},{"sectionNumber":"295","sectionType":"section","heading":"National regulations for information to be included in","content":"295 National regulations for information to be included in\n(1) The national regulations may provide for—\n(a) the information that is to be recorded in the driver’s work diary;\nand\n(b) the manner in which information is to be recorded in the driver’s\nwork diary; and\n(c) any other matter relating to information that is to be recorded in\nthe driver’s work diary.\nprovide—\n(a) for information to be recorded on a daily basis (including each\nperiod of work time and rest time the driver has on a day) or on\nsome other stated basis; and\n\n(b) for information to be recorded immediately before or after a\nperiod of work time or rest time; and\n(c) for information to be recorded when finishing work for a day;\nand\n(d) for information to be recorded when there is a change of the\ndriver’s base; and\n(e) for information to be recorded when there is a change of the\ndriver’s record location; and\n(f) for information to be recorded regarding the parties to a two-up\ndriving arrangement.\n(3) Without limiting subsections (1) and (2), the national regulations may\nprovide that, if the driver stops working on a day and starts a major\nrest break that will continue until the end of the day, the driver may\nstop recording information for the day when the driver stops working\nand starts the major rest break.\n","sortOrder":252},{"sectionNumber":"296","sectionType":"section","heading":"Recording information under the national regulations—","content":"296 Recording information under the national regulations—\ngeneral\n(1) The driver must record the required information in the driver’s work\ndiary in the manner and at the time prescribed by the national\nregulations.\n(2) Subsection (1) does not apply to information to which section 297\n\n","sortOrder":253},{"sectionNumber":"297","sectionType":"section","heading":"Information required to be recorded immediately after","content":"297 Information required to be recorded immediately after\nstarting work\n(1) This section applies to required information that the national\nregulations specify for the purposes of this section as required to be\nrecorded immediately after the driver starts work on a day.\n(2) The driver must record the required information to which this section\napplies immediately after starting work on a day.\n(3) In a proceeding for an offence against subsection (2) in relation to the\nfailure of the driver to record information immediately after starting\nto undertake 100+km work under standard hours on a day, it is a\ndefence for the driver to prove that at the time of the offence—\n(a) the driver was unaware that the driver would be undertaking\n100+km work under standard hours on the day; and\n(b) the driver recorded the information in the driver’s work diary as\nsoon as practicable after becoming aware that the driver would\nbe undertaking 100+km work under standard hours on the day.\n","sortOrder":254},{"sectionNumber":"298","sectionType":"section","heading":"Failing to record information about odometer reading","content":"298 Failing to record information about odometer reading\n(1) The driver of a fatigue-regulated heavy vehicle must record the\nodometer reading in the manner prescribed by the national regulations\nif and when required to do so by the national regulations.\n(2) In a proceeding for the offence against subsection (1), it is a defence\nfor the driver to prove that—\n(a) at the time of the offence, the odometer was malfunctioning; and\n(b) the driver has complied with section 397.\n\n","sortOrder":255},{"sectionNumber":"299","sectionType":"section","heading":"Two-up driver to provide details","content":"299 Two-up driver to provide details\nIf the driver is a party to a two-up driving arrangement, the driver\nmust, at the request of the other driver (the other driver) who is a\nparty to the arrangement, provide the other driver with the details\nrelating to the arrangement that are prescribed by the national\nregulations for the purposes of this section.\n","sortOrder":256},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"How information must be recorded in","content":"Subdivision 3 How information must be recorded in\n","sortOrder":257},{"sectionNumber":"300","sectionType":"section","heading":"Purpose of Sdiv 3","content":"300 Purpose of Sdiv 3\nThis Subdivision states how the driver of a fatigue-regulated heavy\nvehicle who is required to record information in the driver’s work\ndiary under Subdivision 2 must record the information.\n","sortOrder":258},{"sectionNumber":"301","sectionType":"section","heading":"Recording information in written work diary","content":"301 Recording information in written work diary\nIf the driver’s work diary is a written work diary, the driver must\nrecord information in the work diary in the following way—\n(a) the information for each day must be written on a separate daily\nsheet in the work diary that has not been cancelled by the\n(b) if, on a day, the driver changes the work and rest hours option\nunder which the driver is working, the information for the part\nof the day after the change must be written on a separate daily\nsheet in the work diary that has not been cancelled by the\n(c) information must be written on a daily sheet in the way stated in\nthe instructions in the work diary for recording information on\ndaily sheets;\n\n(d) the daily sheets in the work diary must be used in turn from the\nfront of the work diary;\n(e) each daily sheet must be—\n(i) signed and dated by the driver; and\n(ii) if the driver is driving under a two-up driving\narrangement—signed by the other driver who is a party to\nthe arrangement;\n(f) information must be written on a daily sheet with enough\npressure to ensure a readable record of the information appears\non the duplicate daily sheets;\n(g) information recorded other than on a daily sheet must be written\nin the work diary in the way stated in the instructions in the work\ndiary for the recording of the information.\n","sortOrder":259},{"sectionNumber":"302","sectionType":"section","heading":"Recording information in electronic work diary","content":"302 Recording information in electronic work diary\nIf the driver’s work diary is an electronic work diary, the driver must\nrecord information in the work diary in a way complying with—\n(a) if the Regulator has, when approving the electronic recording\nsystem constituting the work diary, or of which the work diary\nis a part, imposed any conditions in relation to the way\ninformation must be recorded in the work diary—those\nconditions; and\n\n(b) the manufacturer’s instructions, if any, for recording\ninformation in the electronic work diary, to the extent the\ninstructions are consistent with the conditions mentioned in\n","sortOrder":260},{"sectionNumber":"303","sectionType":"section","heading":"Time zone of driver’s base must be used","content":"303 Time zone of driver’s base must be used\nThe driver must record time in the driver’s work diary according to\nthe time zone in the place where the driver’s base is, rather than the\ntime zone in the place where the driver is.\nSee also section 248, which requires that time periods be counted by\nreference to the time zone of a driver’s base when the driver’s journey\ninvolves travelling into a different time zone.\nSubdivision 4 Requirements about work diaries that\nare filled up etc.\n","sortOrder":261},{"sectionNumber":"304","sectionType":"section","heading":"Application of Sdiv 4","content":"304 Application of Sdiv 4\nThis Subdivision applies to the driver of a fatigue-regulated heavy\nvehicle who is required to record information in the driver’s work\ndiary under Subdivision 2 if—\n(a) for a driver who uses a written work diary—the driver’s work\ndiary has been filled up, destroyed, lost or stolen; or\n(b) for a driver who uses an electronic work diary—the driver’s\nwork diary—\n(i) has been filled up, destroyed, lost or stolen; or\n\n(ii) is not in working order because a part of the diary has been\ndestroyed, lost or stolen; or\n(iii) is malfunctioning or has malfunctioned.\n","sortOrder":262},{"sectionNumber":"305","sectionType":"section","heading":"Driver must make supplementary records in particular","content":"305 Driver must make supplementary records in particular\ncircumstances\n(1) During any period in which the driver of a fatigue-regulated heavy\nvehicle is unable to use the driver’s work diary (the existing work\ndiary) because of circumstances mentioned in section 304(a) or (b),\nthe driver must record in a supplementary record the information the\ndriver is required under Subdivision 2 to record for the period (the\nrequired information).\nUnder Subdivision 1, the driver of a fatigue-regulated heavy vehicle must\nkeep a supplementary record for 28 days after it is made as part of the\ndriver’s work diary. See sections 292(2) and 293.\nAlso, under section 341, the driver’s record keeper must keep the\nsupplementary record for at least 3 years after it is made (if the record\nkeeper is the driver) or received by the record keeper (if the record keeper\nis not the driver). However, the period can be less than 3 years if a\ncondition of an exemption states a record must be kept for a period of less\nthan 3 years.\n(2) For a supplementary record that is not in electronic form, the required\ninformation must be recorded in the record as follows—\n(a) the information for each day must be written on a separate page\nof the record;\n(b) if, on a day, the driver changes the work and rest hours option\nunder which the driver is working, the information for the part\nof the day after the change must be written on a separate page of\nthe record;\n\n(c) each page of the record must be—\n(i) signed and dated by the driver; and\n(ii) if the driver is driving under a two-up driving\narrangement—signed by the other driver who is a party to\nthe arrangement.\n(3) The driver must record time in the supplementary record according to\nthe time zone in the place where the driver’s base is, rather than the\ntime zone in the place where the driver is.\n(4) Subsections (1) to (3) cease to apply—\n(a) if the existing work diary is a written work diary, when the first\nof the following happens—\n(i) the driver is issued a new written work diary, or obtains an\nelectronic work diary that is in working order;\n(ii) the expiry of 7 business days after the day on which the\ndriver starts recording information under this section; or\n(b) if the existing work diary is an electronic work diary, when the\nfirst of the following happens—\n(i) the driver obtains a new electronic work diary that is in\nworking order, or a written work diary;\n(ii) the existing work diary is—\n(A) if the diary is filled up—made capable of recording\nnew information; or\n(B) if the diary is not in working order as mentioned in\nsection 304(b)(ii) or is malfunctioning—brought into\nworking order;\n\n(iii) the expiry of 7 business days after the day on which the\ndriver starts recording information under this section.\nIf one of the circumstances in subsection (4) applies, a driver may no\nlonger use a supplementary record to record the information required to\nbe recorded under Subdivision 2, and if the driver does not begin to keep\na work diary in accordance with section 293 then the driver commits an\noffence against that section.\nsupplementary record means a record that—\n(a) is not made in a written or electronic work diary; but\n(b) is in a similar form to a written or electronic work diary.\n","sortOrder":263},{"sectionNumber":"306","sectionType":"section","heading":"Driver must notify Regulator if written work diary filled up","content":"306 Driver must notify Regulator if written work diary filled up\netc.\nWithin 2 business days after the driver of a fatigue-regulated heavy\nvehicle becomes aware that the driver’s written work diary has been\nfilled up, destroyed, lost or stolen, the driver must notify the\nRegulator in the approved form of that happening.\n","sortOrder":264},{"sectionNumber":"307","sectionType":"section","heading":"Driver who is record keeper must notify Regulator if","content":"307 Driver who is record keeper must notify Regulator if\nelectronic work diary filled up etc.\nwho is his or her own record keeper—\n(a) becomes aware that the driver’s electronic work diary has been\nfilled up, destroyed, lost or stolen or is not in working order as\nmentioned in section 304(b)(ii); or\n(b) becomes aware or has reason to suspect that the driver’s\nelectronic work diary is malfunctioning or has malfunctioned.\n\n(2) The driver must notify the Regulator in the approved form of the\nmatter within 2 business days.\n(3) Within a period required by the Regulator, the driver must ensure the\nelectronic work diary is examined and brought into working order.\n","sortOrder":265},{"sectionNumber":"308","sectionType":"section","heading":"What driver must do if lost or stolen written work diary","content":"308 What driver must do if lost or stolen written work diary\nfound or returned\n(1) If a lost or stolen written work diary (the old work diary) is found by\nor returned to the driver of a fatigue-regulated heavy vehicle after a\nreplacement work diary has been issued to the driver, the driver must\ndo the following—\n(a) immediately cancel any unused daily sheets in the old work\ndiary;\n(b) if the old work diary is found or returned within 28 days after it\nwas lost or stolen—\n(i) immediately notify the Regulator in the approved form that\nit has been found or returned; and\n(ii) give it to the Regulator within 2 business days after the 28-\nday period ends;\n(c) if the old work diary is found or returned later than 28 days after\nit was lost or stolen—give it to the Regulator as soon as\npracticable after it is found or returned.\n\n(2) If a driver of a fatigue-regulated heavy vehicle gives a previously lost\nor stolen written work diary to the Regulator under subsection (1), the\nRegulator must—\n(a) if the driver has not complied with subsection (1)(a), cancel any\nunused daily sheets in the work diary; and\n(b) return the work diary to the driver.\n","sortOrder":266},{"sectionNumber":"309","sectionType":"section","heading":"Driver must notify record keeper if electronic work diary","content":"309 Driver must notify record keeper if electronic work diary\nfilled up etc.\n(a) the driver of a fatigue-regulated heavy vehicle—\n(i) becomes aware that the driver’s electronic work diary has\nbeen filled up, destroyed, lost or stolen or is not in working\norder as mentioned in section 304(b)(ii); or\n(ii) becomes aware or has reason to suspect that the driver’s\nelectronic work diary is malfunctioning or has\nmalfunctioned; and\n(b) the driver’s record keeper is a person other than the driver.\n(2) The driver must, within 2 business days after the driver becomes\naware of the matter, inform the driver’s record keeper of the matter.\n","sortOrder":267},{"sectionNumber":"310","sectionType":"section","heading":"Intelligent access program reporting entity must notify","content":"310 Intelligent access program reporting entity must notify\nrecord keeper if approved electronic recording system\n(a) an approved electronic recording system—\n(i) constitutes an electronic work diary or has a part that\nconstitutes an electronic work diary; and\n\n(ii) is or is part of an approved intelligent transport system; and\n(b) an intelligent access program reporting entity for the approved\nintelligent transport system becomes aware or has reason to\nsuspect that the approved electronic recording system is\nmalfunctioning or has malfunctioned.\n(2) The intelligent access program reporting entity must inform the\ndriver’s record keeper of the matter within 2 business days.\n","sortOrder":268},{"sectionNumber":"311","sectionType":"section","heading":"What record keeper must do if electronic work diary filled","content":"311 What record keeper must do if electronic work diary filled\nup\n(c) the record keeper becomes aware or has reason to suspect that\nthe electronic work diary has been filled up.\n(2) The record keeper must, as soon as reasonably practicable after\nbecoming aware of the matter or having reason to suspect the\nmatter—\n(a) either—\n(i) make the electronic work diary capable of recording new\n(ii) give the driver a new electronic work diary that is in\nworking order; and\n\n(b) if the record keeper removes any information relating to any\nperiod during the last 28 days from the work diary to make it\ncapable of recording new information—give the driver the\nremoved information in a way that makes the information\nreadily available to the driver; and\n(c) notify the Regulator in the approved form that the electronic\nwork diary has been filled up.\nservices to comply with subsection (2) for the record keeper—\nsubsection (2); and\n(2) as if the other person were the record keeper mentioned in\n","sortOrder":269},{"sectionNumber":"312","sectionType":"section","heading":"What record keeper must do if electronic work diary","content":"312 What record keeper must do if electronic work diary\ndestroyed, lost or stolen\n(c) the record keeper becomes aware or has reason to suspect that\nthe electronic work diary has been destroyed, lost or stolen.\n(2) The record keeper must, as soon as reasonably practicable after\nbecoming aware of the matter or having reason to suspect the matter—\n(a) inform the driver that the electronic work diary has been\ndestroyed, lost or stolen unless the driver informed the record\nkeeper about the fault under section 309; and\n\n(b) give the driver an electronic work diary that is in working order;\nand\n(c) give the driver any information, in a way that makes the\ninformation readily available to the driver, that was in the\ndestroyed, lost or stolen electronic work diary that—\n(i) is accessible to the record keeper; and\n(ii) relates to any period during the last 28 days; and\n(iii) is not stored in the new electronic work diary.\n(3) The record keeper must within 2 business days notify the Regulator\nin the approved form that the electronic work diary has been\ndestroyed, lost or stolen, unless the record keeper has a reasonable\n(4) If the record keeper has engaged another person under a contract for\nservices to comply with subsection (2) or (3) for the record keeper—\nsubsection (2) or (3); and\nsubsection (2) or (3) as if the other person were the record\nkeeper mentioned in the subsection.\n","sortOrder":270},{"sectionNumber":"313","sectionType":"section","heading":"What record keeper must do if electronic work diary not","content":"313 What record keeper must do if electronic work diary not\nin working order or malfunctioning\n\n(c) the record keeper becomes aware of, or has reason to suspect,\neither of the following matters—\n(i) that the electronic work diary is not in working order;\n(ii) that the electronic work diary is malfunctioning or has\nmalfunctioned.\nThe record keeper may become aware as mentioned in paragraph (c)\nwhether or not the record keeper has been informed by the driver under\nsection 309 or an intelligent access program reporting entity under section\n310.\n(2) The record keeper must as soon as reasonably practicable after\nbecoming aware of the matter or having reason to suspect the matter\ninform the driver about the matter unless the driver informed the\nrecord keeper about the matter under section 309.\n(3) The record keeper must, after becoming aware of the matter or having\nreason to suspect the matter—\n(a) as soon as reasonably practicable, direct the driver in the\napproved form to use a supplementary record in compliance\nwith section 305; and\n(b) as soon as reasonably practicable, give the driver information\nthat was in the electronic work diary, in a way that makes the\ninformation readily available to the driver, that—\n(i) is accessible to the record keeper; and\n(ii) relates to any period during the last 28 days; and\n(iii) is not stored in the electronic work diary because the\nelectronic work diary is not in working order or is\nmalfunctioning or has malfunctioned; and\n\n(c) within 2 business days, notify the Regulator in the approved\nform that the electronic work diary is not in working order or is\nmalfunctioning or has malfunctioned, unless the record keeper\nhas a reasonable excuse; and\n(d) within a period required by the Regulator, ensure the electronic\nwork diary is examined and brought into working order and is\nnot malfunctioning.\n(4) Subsection (5) applies if the driver of the vehicle changes during any\nperiod that is relevant to the duties imposed on the record keeper by\nsubsection (2) or (3).\n(5) Each reference to the driver in subsection (2) or (3) is a reference to\nthe driver of the vehicle when the record keeper acts under the\nsubsection.\n(6) If the record keeper has engaged another person under a contract for\nservices to comply with subsection (2) or (3) for the record keeper—\nsubsection (2) or (3); and\nsubsection (2) or (3) as if the other person were the record\nkeeper mentioned in the subsection.\n(7) Subsection (6) does not apply if the other person is engaged under a\ncontract for services only to repair or otherwise bring the electronic\nwork diary into working order.\nExample for the purposes of subsection (7)—\nA person in the business of repairing electronic recording systems is engaged under\na contract for services to repair or otherwise bring the electronic work diary into\nworking order on behalf of the record keeper.\n\nSubdivision 5 Use of electronic work diaries\n314 How electronic work diary must be used\nwho is required to record information in the driver’s work diary under\nSubdivision 2 uses an electronic work diary.\n(2) The driver must use the electronic work diary in a way complying\n(a) any conditions applying under this Law or a corresponding\nfatigue law in relation to the use of the approved electronic\nrecording system constituting the work diary or of which the\nwork diary is a part; and\n(b) the manufacturer’s specifications for the electronic recording\nsystem that is or includes the work diary, to the extent the\nspecifications are consistent with the conditions mentioned in\n(3) The record keeper of a driver of a fatigue-regulated heavy vehicle\nwho uses an electronic work diary must ensure the driver complies\nwith the requirements of subsection (2).\n(4) In a proceeding for an offence against subsection (2) or (3) involving\na person failing to comply with a particular specification of the\nmanufacturer of an electronic recording system, it is a defence for the\nperson to prove that—\n(a) the specification was not integral to the effective operation of\nthe electronic recording system; or\n\n(b) what was done or not done in relation to the specification was in\naccordance with industry practice in relation to the handling or\nmaintenance of an electronic recording system of that type from\nthat manufacturer.\n","sortOrder":271},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Extended liability","content":"Subdivision 6 Extended liability\n","sortOrder":272},{"sectionNumber":"315","sectionType":"section","heading":"Ensuring driver complies with Sdivs 1–4","content":"315 Ensuring driver complies with Sdivs 1–4\n(1) Each responsible party for the driver of a fatigue-regulated heavy\nvehicle must ensure, so far as is reasonably practicable, the driver\ncomplies with each of Subdivisions 1, 2, 3 and 4 so far as they are\napplicable.\nresponsible party, for the driver of a fatigue-regulated heavy vehicle,\n(a) if the driver is an employed driver—an employer of the driver;\nor\n(b) if the driver is a self-employed driver—a prime contractor of the\n(c) an operator of the vehicle; or\n(d) a scheduler for the vehicle.\n\nSubdivision 1 Preliminary\n","sortOrder":273},{"sectionNumber":"316","sectionType":"section","heading":"Application of Div 3","content":"316 Application of Div 3\nThis Division—\n(a) applies in relation to each record keeper for the driver of a\n(b) if there is more than 1 record keeper for the driver of a fatigue-\nregulated heavy vehicle—applies only to the extent the driver is\ncarrying out work in relation to which the record keeper is a\nrecord keeper for the driver.\nExample for the purposes of paragraph (b)—\nThe driver of a fatigue-regulated heavy vehicle is an employed driver employed by\nemployer A and employer B, each of whom is a record keeper of the driver. A’s\nobligations to record information under this Division apply only to the extent the\ninformation is about the work the driver carries out for A.\nFor example, under section 319, A need only record the registration numbers of the\nfatigue-regulated heavy vehicles the driver drives for carrying out work for A and\nthe work times and rest times of the driver while carrying out that work. A does not\nneed to record the registration numbers for the fatigue-regulated heavy vehicles the\ndriver drives for carrying out work for B or the work times and rest times of the\ndriver while carrying out that work.\n","sortOrder":274},{"sectionNumber":"317","sectionType":"section","heading":"Who is a driver’s record keeper","content":"317 Who is a driver’s record keeper\nThe following person is the record keeper for the driver of a fatigue-\nregulated heavy vehicle—\n(a) if the driver is operating under a BFM accreditation or AFM\naccreditation of an operator of the vehicle or a work and rest\nhours exemption (permit) granted in combination with an\noperator’s BFM accreditation or AFM accreditation—the\noperator;\n\n(b) otherwise—\n(i) for an employed driver of a fatigue-regulated heavy\nvehicle—the driver’s employer; or\n(ii) for a self-employed driver of a fatigue-regulated heavy\nvehicle—the driver.\nSubdivision 2 Record keeping obligations relating to\ndrivers undertaking 100km work under\nstandard hours\n","sortOrder":275},{"sectionNumber":"318","sectionType":"section","heading":"Application of Sdiv 2","content":"318 Application of Sdiv 2\nThis Subdivision applies in relation to the driver of a fatigue-\nregulated heavy vehicle who is undertaking only 100km work under\nstandard hours.\n","sortOrder":276},{"sectionNumber":"319","sectionType":"section","heading":"Records record keeper must have","content":"319 Records record keeper must have\n(1) The driver’s record keeper must, unless the record keeper has a\nreasonable excuse—\n(a) record the following information within the prescribed period—\n(i) the driver’s name and contact details;\n(ii) the driver’s current driver licence number and the\njurisdiction in which the licence was issued;\n(iii) the dates on which the driver drives a fatigue-regulated\nheavy vehicle on a road;\n(iv) the registration number for each fatigue-regulated heavy\nvehicle the driver drives, being—\n(A) in the case of a vehicle that is not in a combination—\nthat vehicle; or\n(B) in the case of a vehicle that is in a combination—the\ntowing vehicle in the combination;\n\n(v) the total of the driver’s work times and rest times on each\nday on which the driver drives a fatigue-regulated heavy\n(vi) the total of the driver’s work times and rest times for each\nweek during which the driver drives a fatigue-regulated\nheavy vehicle;\n(vii) the driver’s rosters and trip schedules, including details of\ndriver changeovers;\n(viii) the location of the driver’s base;\n(ix) if the location of the driver’s base changes—the date on\nwhich the location changes; and\n(b) keep a copy of payment records relating to the driver, including\ntime sheet records if the driver is paid according to time at work.\n(2) A requirement imposed on a record keeper by subsection (1)(a)(ii) to\n(vi) is taken to be satisfied if an electronic work diary used by the\ndriver, the information in which is maintained by the record keeper,\nincludes the information mentioned in the provisions.\nservices to comply with subsection (1) for the record keeper—\nsubsection (1); and\nsubsection (1) as if the other person were the record keeper\n\nprescribed period, for recording information mentioned in\nsubsection (1) relating to the driver of a fatigue-regulated heavy\n(a) if the driver’s record keeper is the driver—within 24 hours after\nthe driver stops working on a day for which the information is\nrelevant; or\n(b) if the driver’s record keeper is a person other than the driver—\nas soon as possible after the person receives the information.\n","sortOrder":277},{"sectionNumber":"319A","sectionType":"section","heading":"General requirements about driver recording and giving","content":"319A General requirements about driver recording and giving\ninformation to record keeper\n(1) This section applies if the driver’s record keeper on a relevant day is\na person other than the driver.\n(2) The driver must, unless the driver has a reasonable excuse—\n(a) within 24 hours after the driver stops working on the relevant\nday, record the information mentioned in section 319(1)(a)(iii)\nto (vi) for that day; and\n(b) within 21 days after the relevant day, give the information\nmentioned in section 319(1) for that day to the driver’s record\nkeeper.\n(3) The requirement imposed on the driver by subsection (2)(a) is taken\nto be satisfied if the record keeper records the information within the\nperiod mentioned in the provision.\n\n(4) The requirement imposed on the driver by subsection (2)(b) is taken\nto be satisfied if the record keeper obtains the information within the\nperiod mentioned in the provision in any way, including, for example,\nbecause the information is recorded—\n(a) in an electronic work diary used by the driver, the information\nin which is maintained by the record keeper; or\n(b) by the record keeper.\n(5) The record keeper must, so far as is reasonably practicable, ensure the\ndriver complies with subsection (2)(b).\n(6) If the record keeper has engaged another person under a contract for\nservices to comply with subsection (5) for the record keeper—\nsubsection (5); and\n(5) as if the other person were the record keeper mentioned in\nrelevant day means a day on which the driver drives a fatigue-\nregulated heavy vehicle on a road.\n\nSubdivision 3 Record keeping obligations relating to\ndrivers undertaking 100+km work under\nstandard hours or operating under BFM\nhours, AFM hours or exemption hours\n","sortOrder":278},{"sectionNumber":"320","sectionType":"section","heading":"Application of Sdiv 3","content":"320 Application of Sdiv 3\nThis Subdivision applies in relation to the driver of a fatigue-\nregulated heavy vehicle who is—\n(a) undertaking 100+km work under standard hours; or\n(b) operating under BFM hours, AFM hours or exemption hours.\n","sortOrder":279},{"sectionNumber":"321","sectionType":"section","heading":"Records record keeper must have","content":"321 Records record keeper must have\n(1) The driver’s record keeper must, unless the record keeper has a\nreasonable excuse—\n(a) record the following information within the prescribed period—\n(i) the driver’s name and contact details;\n(ii) the driver’s current driver licence number and the\njurisdiction in which the licence was issued;\n(iii) the driver’s rosters and trip schedules, including details of\ndriver changeovers; and\n(b) keep a copy of all duplicate pages, if any, and other copies of\nwork diary entries, including any entry made in a supplementary\nrecord—\n(i) given to the record keeper under section 322; or\n(ii) as required to be made by the record keeper as a self-\nemployed driver under Division 2; and\n(c) keep a copy of payment records relating to the driver, including\ntime sheet records if the driver is paid according to time at work.\n\n(2) The requirement imposed on the record keeper by\nsubsection (1)(a)(ii) is taken to be satisfied if an electronic work diary\nused by the driver, the information in which is maintained by the\nrecord keeper, includes the information mentioned in the provision.\n(3) If the driver is operating under BFM hours or AFM hours, the record\nkeeper must, unless the record keeper has a reasonable excuse, also\nrecord the following information—\n(a) the information required to be kept by the record keeper as a\ncondition of the BFM accreditation or AFM accreditation under\nwhich the driver is operating;\n(b) the information required to be kept by the record keeper under\nthe BFM standards and business rules or AFM standards and\nbusiness rules.\nSee also section 470 for other record-keeping requirements applying to a\nrecord keeper who is an operator operating under a BFM accreditation or\nAFM accreditation.\n(4) If the record keeper has engaged another person under a contract for\nservices to comply with subsection (1) or (3) for the record keeper—\n(a) the record keeper remains liable for an offence against the\nsubsection; and\n(b) the other person is also liable for an offence against the\nsubsection as if the other person were the record keeper\n(7) This section does not apply to the record keeper for the driver of a\nfatigue-regulated heavy vehicle who—\n(a) is exempt from the requirements of Division 2 under\nsection 356; or\n\n(b) is operating under a work diary exemption (notice).\nA record keeper for the driver of a fatigue-regulated heavy vehicle who\nis not exempt from the requirements of Division 2 under section 356 and\nwho is operating under a work diary exemption (permit) is not exempt\nfrom this section and therefore is subject to its requirements.\nAFM standards and business rules has the meaning given by\nBFM standards and business rules has the meaning given by\nprescribed period, for recording information mentioned in\nsubsection (1) relating to the driver of a fatigue-regulated heavy\n(a) if the driver’s record keeper is the driver—within 24 hours after\nthe driver stops working on a day for which the information is\nrelevant; or\n(b) if the driver’s record keeper is a person other than the driver—\nas soon as possible after the person receives the information.\n","sortOrder":280},{"sectionNumber":"322","sectionType":"section","heading":"General requirements about driver giving information to","content":"322 General requirements about driver giving information to\nrecord keeper\nand\n(b) the driver’s record keeper is a person other than the driver.\n\n(2) The driver must, within 21 days after the day on which the driver\ndrove the vehicle, give a copy of the work diary entry recording the\ninformation, including any entry made in a supplementary record\nrecording the information for that day, to each person who was a\nrecord keeper for the driver on that day, unless the driver has a\nreasonable excuse.\n(3) The requirement imposed on the driver by subsection (2) is taken to\nbe satisfied if an electronic work diary used by the driver, the\ninformation in which is maintained by the record keeper, includes the\ninformation mentioned in the provision.\n(4) The record keeper must ensure, so far as is reasonably practicable, the\ndriver complies with subsection (2).\n(5) If the record keeper has engaged another person under a contract for\nservices to comply with subsection (4) for the record keeper—\nsubsection (4); and\nsubsection (4) as if the other person were the record keeper\n","sortOrder":281},{"sectionNumber":"323","sectionType":"section","heading":"Requirements about driver giving information to record","content":"323 Requirements about driver giving information to record\nkeeper if driver changes record keeper\n(a) the driver of a fatigue-regulated heavy vehicle is, or was in the\nprevious 28 days, required to record information in the driver’s\nwork diary under Division 2; and\n(b) the driver changes record keepers; and\n(c) the new record keeper is a person other than the driver.\n\n(2) The driver must, before driving a fatigue-regulated heavy vehicle for\nthe driver’s new record keeper, give the new record keeper a copy of\ninformation the driver recorded in a work diary in the 28 days before\nthe change happened that relates to that 28-day period, unless the\ndriver has a reasonable excuse.\n(3) The new record keeper must ensure, so far as is reasonably\npracticable, the driver complies with subsection (2).\n(4) The requirement imposed on the driver or the record keeper by\nsubsection (2) or (3) is taken to be satisfied if an electronic work diary\nused by the driver, the information in which is maintained by the\nrecord keeper, includes the information mentioned in the subsection.\n(5) If the new record keeper has engaged another person under a contract\nfor services to comply with subsection (3) for the new record\nkeeper—\n(a) the new record keeper remains liable for an offence against\nsubsection (3); and\nsubsection (3) as if the other person were the new record keeper\n","sortOrder":282},{"sectionNumber":"324","sectionType":"section","heading":"Record keeper must give information from electronic","content":"324 Record keeper must give information from electronic\nand\n(b) the driver’s record keeper is a person other than the driver; and\n\n(c) the driver is using an electronic work diary supplied to the driver\nby the driver’s record keeper.\n(2) If the driver stops using the electronic work diary, the driver’s record\nkeeper must immediately give the driver, in a way that makes the\ninformation readily available to the driver, the information recorded\nin the work diary for each day on which the driver was using the\nelectronic work diary, unless the record keeper has a reasonable\nservices to comply with subsection (2) for the record keeper—\nsubsection (2); and\nsubsection (2) as if the other person were the record keeper\n","sortOrder":283},{"sectionNumber":"324A","sectionType":"section","heading":"Record keeper must give record to driver if requested","content":"324A Record keeper must give record to driver if requested\nand\n(b) the driver’s record keeper is a person other than the driver; and\n(c) the driver requests a record held under this Division by the\nrecord keeper.\n(2) The driver’s record keeper must, as soon as reasonably practicable—\n(a) give the driver a copy of the record, or make the record available\nto the driver; or\n\nDivision 4 Provisions about false representations relating to work records\n(b) if the information is recorded in an electronic work diary—give\nthe driver, in a way that makes the information readily available\nto the driver, the information recorded in the work diary.\nDivision 4 Provisions about false\nrepresentations relating to work\n","sortOrder":284},{"sectionNumber":"325","sectionType":"section","heading":"False or misleading entries","content":"325 False or misleading entries\n(1) A person must not record something in a work record that the person\nknows, or ought reasonably to know, is false or misleading.\n(2) In a proceeding for an offence against subsection (1), it is enough for\na charge to state that the entry was ‘false or misleading’, without\nspecifying whether it was false or whether it was misleading.\n","sortOrder":285},{"sectionNumber":"326","sectionType":"section","heading":"When possessing, or recording information in, more than","content":"326 When possessing, or recording information in, more than\n1 work diary relating to the same period is prohibited\n(1) The driver of a fatigue-regulated heavy vehicle must not have in the\ndriver’s possession more than 1 written work diary in which\ninformation can be recorded on a daily sheet.\n(2) The driver of a fatigue-regulated heavy vehicle must not record\ninformation for the same period in—\n(a) a written work diary and an electronic work diary; or\n\nProvisions about false representations relating to work records Division 4\n(b) more than 1 electronic work diary.\nThe driver of a fatigue-regulated heavy vehicle works for A and B. The driver keeps\na written work diary for work done for A and an electronic work diary for work\ndone for B. On a particular day, the driver works from 1p.m. to 5p.m. for A and\nfrom 6p.m. to 11p.m. for B.\nThe driver must record the information about the period between 1p.m. and 5p.m.\nin the written work diary kept for A, and the information for the period between\n6p.m. and 11p.m. in the electronic work diary kept for B.\nThe driver must not record information about the period between 1p.m. and 5p.m.,\nor the period between 6p.m. to 11p.m., in both the written work diary and electronic\nwork diary.\n","sortOrder":286},{"sectionNumber":"327","sectionType":"section","heading":"Possession of purported work records etc. prohibited","content":"327 Possession of purported work records etc. prohibited\nThe driver of a fatigue-regulated heavy vehicle or the record keeper\nfor a driver of a fatigue-regulated heavy vehicle must not have in the\ndriver’s or record keeper’s possession a thing purporting to be a work\nrecord if the driver or record keeper knows, or ought reasonably to\nknow, that it is not a work record.\n","sortOrder":287},{"sectionNumber":"328","sectionType":"section","heading":"False representation about work records prohibited","content":"328 False representation about work records prohibited\nA person must not falsely represent that a work record was made by\nthe person.\n\nSubdivision 1 Work records generally\n","sortOrder":288},{"sectionNumber":"329","sectionType":"section","heading":"Defacing or changing work records etc. prohibited","content":"329 Defacing or changing work records etc. prohibited\nA person must not deface or change a work record that the person\nknows, or ought reasonably to know, is correct.\n1 Giving a false or misleading document to an official is prohibited by\nsection 702.\n2 See section 341 for the requirement that the record keeper for the driver of a\nfatigue-regulated heavy vehicle keep particular records in a way that ensures\nthey are readable and reasonably capable of being understood and capable of\nbeing used as evidence.\n3 See section 632 for the matters a court may consider when deciding whether a\nperson ought reasonably to have known something.\n","sortOrder":289},{"sectionNumber":"330","sectionType":"section","heading":"Making entries in someone else’s work records","content":"330 Making entries in someone else’s work records\nprohibited\n(1) A person must not make an entry in someone else’s work record.\n(a) a person who—\n(i) makes an entry in another person’s work diary under a\nwork diary exemption (permit) applying to the other\nperson; and\n(ii) is nominated by the other person to make the entry; or\n(b) an authorised officer; or\n\nInterfering with work records Division 5\n(c) a party to a two-up driving arrangement—\n(i) signing the written work diary of the other party to the\narrangement; or\n(ii) making an entry in the other party’s electronic work diary\nindicating the party’s approval of the information recorded\nin the work diary.\n","sortOrder":290},{"sectionNumber":"331","sectionType":"section","heading":"Destruction of particular work records prohibited","content":"331 Destruction of particular work records prohibited\nIf a work record is required under (or by a condition under) this Part\nto be kept for a particular period by a person, the person or someone\nelse must not destroy the record before the end of the period.\nSee section 341 for the period for which record keepers for drivers of\nfatigue-regulated heavy vehicles are required to keep particular work\nrecords.\n","sortOrder":291},{"sectionNumber":"332","sectionType":"section","heading":"Offence to remove pages from written work diary","content":"332 Offence to remove pages from written work diary\nA person must not remove a daily sheet, or the duplicates of a daily\nsheet, from a written work diary except as required or authorised by\nthis Law or a corresponding fatigue law.\n\nSubdivision 2 Approved electronic recording systems\n333 Application of Sdiv 2\nThis Subdivision applies to an approved electronic recording system\n334 Meaning of tamper\nTamper with an approved electronic recording system means—\n(a) engage in conduct that—\n(i) results in the system, or a part of the system,\nmalfunctioning; or\n(ii) could result in the system, or a part of the system,\nmalfunctioning; or\n(iii) alters any of the data recorded by the system or a part of\nthe system; or\n(iv) could alter any of the data recorded by the system or a part\nof the system; or\n(v) results in inaccurate information being recorded by the\nsystem or a part of the system; or\n(vi) could result in inaccurate information being recorded by\nthe system or a part of the system; or\n(b) engage in conduct that alters or otherwise interferes with an\nelectronic signal sent to or from the system, or a part of the\nsystem, if the alteration or interference has or could have an\neffect mentioned in paragraph (a)(i), (iii) or (v).\n\nInterfering with work records Division 5\n","sortOrder":292},{"sectionNumber":"335","sectionType":"section","heading":"Person must not tamper with approved electronic","content":"335 Person must not tamper with approved electronic\nrecording system\n(1) A person must not tamper with an approved electronic recording\n(a) conduct associated with repairing an approved electronic\nrecording system, or a part of an approved electronic recording\nsystem, that is malfunctioning or has malfunctioned; or\n(b) conduct associated with maintaining an approved electronic\nrecording system; or\n(c) an authorised officer when exercising functions under this Law.\n(5) In a proceeding for an offence against subsection (1) involving a\nperson engaging in conduct that alters or otherwise interferes with\nany electronic signal sent to or from an approved electronic recording\nsystem, or a part of an approved electronic recording system, it is a\ndefence for the person to prove that the person was not aware, and\ncould not reasonably be expected to have been aware, that the conduct\nwould alter or otherwise interfere with the electronic signal.\n","sortOrder":293},{"sectionNumber":"336","sectionType":"section","heading":"Person using approved electronic recording system must","content":"336 Person using approved electronic recording system must\nnot permit tampering with it\n(1) A person who uses an approved electronic recording system must not\npermit another person to tamper with the system.\nExamples of a person who uses an approved electronic recording system—\n• a driver of a heavy vehicle\n• a driver’s record keeper\n\n","sortOrder":294},{"sectionNumber":"336A","sectionType":"section","heading":"Reporting tampering or suspected tampering with","content":"336A Reporting tampering or suspected tampering with\nelectronic work diary\n(1) If the record keeper for the driver of a fatigue-regulated heavy vehicle\nknows, or has reasonable grounds to suspect, an electronic work diary\nhas been tampered with, the record keeper must report the matter to\nthe Regulator—\n(a) within 2 business days; and\n(2) If the record keeper has engaged another person under a contract for\nservices to comply with subsection (1) for the record keeper—\nsubsection (1); and\n(1) as if the other person were the record keeper mentioned in\n","sortOrder":295},{"sectionNumber":"337","sectionType":"section","heading":"Intelligent access program reporting entity must not","content":"337 Intelligent access program reporting entity must not\npermit tampering with approved electronic recording\n(1) This section applies if an approved electronic recording system is or\nis part of an approved intelligent transport system.\n(2) An intelligent access program reporting entity for the approved\nintelligent transport system must not permit another person to tamper\nwith the approved electronic recording system.\n\nObtaining written work diary Division 6\n","sortOrder":296},{"sectionNumber":"338","sectionType":"section","heading":"Form of written work diary","content":"338 Form of written work diary\n(1) This section states the requirements for written work diaries issued\nby the Regulator under this Division.\n(2) A written work diary must contain—\n(a) a unique identifying number for the work diary; and\n(b) sheets (daily sheets) that—\n(i) provide for recording information daily; and\n(ii) are sequentially numbered; and\n(c) 2 duplicates of each daily sheet; and\n(d) a duplicate of any application form contained in the work diary\nunder subsection (3); and\n(e) instructions for use of the work diary.\n(3) A written work diary may contain an application in the approved form\nfor the issue of another work diary.\n(4) Each daily sheet of a written work diary must be in a form that ensures\nthat, if information is written on the daily sheet in the way stated in\nthe instructions in the work diary or this Law, the information should\nbe automatically copied on to the duplicates for the sheet.\n","sortOrder":297},{"sectionNumber":"339","sectionType":"section","heading":"Application for written work diary","content":"339 Application for written work diary\n(1) The driver of a fatigue-regulated heavy vehicle may apply to the\nRegulator for a written work diary.\n\n(3) If the application is for a written work diary to replace a written work\ndiary previously issued to the driver (the existing written work diary),\nthe driver must give the existing written work diary to the Regulator\nwith the application, unless the existing written work diary has been\ndestroyed, lost or stolen.\n(4) If the driver gives the existing written work diary to the Regulator,\nthe Regulator must—\n(a) cancel any unused daily sheets in the written work diary; and\n(b) return the written work diary to the driver when the Regulator\nissues the replacement written work diary to the driver.\n(5) If the application is for a written work diary to replace a written work\ndiary that has been destroyed, lost or stolen, the application must—\n(a) state the previous work diary’s number and that it has been\ndestroyed, lost or stolen; and\n(b) briefly outline the circumstances of the destruction, loss or theft.\n","sortOrder":298},{"sectionNumber":"340","sectionType":"section","heading":"Issue of written work diary","content":"340 Issue of written work diary\n(1) The Regulator must issue a written work diary to the driver of a\nfatigue-regulated heavy vehicle if the driver—\n(a) applies for the work diary under section 339; and\n(b) identifies himself or herself by showing his or her current driver\nlicence to the Regulator; and\n(c) pays the prescribed fee for the issue of the work diary.\n(2) If the Regulator issues a written work diary to the driver of a fatigue-\nregulated heavy vehicle, the Regulator must note the date, time and\nplace of issue on the written work diary.\n(3) The Regulator may make other notes on the written work diary the\nRegulator considers appropriate.\n\nRequirements about records record keeper must make or keep Division 6A\n","sortOrder":299},{"sectionNumber":"Div 6A","sectionType":"division","heading":"Requirements about records record","content":"Division 6A Requirements about records record\nkeeper must make or keep\n","sortOrder":300},{"sectionNumber":"341","sectionType":"section","heading":"Period for which, and way in which, records must be kept","content":"341 Period for which, and way in which, records must be kept\n(1) The record keeper of the driver of a fatigue-regulated heavy vehicle\nmust, unless the record keeper has a reasonable excuse, keep a record\nrequired to be made or kept under Division 3, or a copy of the record,\nfor 3 years after—\n(a) for a record made by the record keeper—the day the record\nkeeper makes the record; or\n(b) for another record—the day the record keeper receives the\nrecord.\n(2) The record keeper of the driver of a fatigue-regulated heavy vehicle\nmust, unless the record keeper has a reasonable excuse, keep a record\nrequired to be made or kept under (or by a condition under) Division 8\nor 8A, or a copy of the record, for a period of 3 years, or, if a condition\nof an exemption states a record must be kept for a period of less than\n3 years, the period stated in the condition, after—\n(a) for a record made by the record keeper—the day the record\nkeeper makes the record; or\n(b) for another record—the day the record keeper receives the\nrecord.\n(3) Except where the driver is his or her own record keeper, the record\nkeeper must, unless the record keeper has a reasonable excuse, keep\nthe record or copy at the driver’s record location in a way that ensures\nit is readily available to an authorised officer at the record location.\n\nDivision 6A Requirements about records record keeper must make or keep\n(4) If the driver is his or her own record keeper, the driver as record\nkeeper must, unless the driver as record keeper has a reasonable\nexcuse, ensure the record or copy of the record is kept at the driver’s\nrecord location in a way that ensures it is readily available to an\nauthorised officer at the record location by the end of the 21-day\nperiod after the day the record is made.\n(5) The record keeper must, unless the record keeper has a reasonable\nexcuse, keep the record or copy in a way that ensures it is—\n(a) readable and reasonably capable of being understood; and\n(b) capable of being used as evidence.\nTo ensure a record kept in a storage facility does not become unreadable, for\nexample, by degrading, the record keeper could scan the hard copy of the record\nand keep it in an electronic format that is readable.\n(6) A reference in subsection (1) to keeping a record of information\nrequired to be made or kept under Division 3 includes a reference to\nmaintaining a record of the information that is in an electronic work\ndiary, if that record is taken to have satisfied the requirement under\nDivision 3.\n(7) If the driver’s work diary is an electronic work diary, the driver’s\nrecord keeper must, unless the record keeper has a reasonable excuse,\nmaintain a record of the information that is recorded in the work\ndiary in a way complying with—\n(a) if the Regulator has, when approving the electronic recording\nsystem constituting the work diary, or of which the work diary\nis a part, imposed any conditions in relation to the way\ninformation must be recorded in the work diary—those\nconditions; and\n\n(b) the manufacturer’s instructions, if any, for recording\ninformation in the electronic work diary, to the extent the\ninstructions are consistent with the conditions mentioned in\n(8) If the record keeper has engaged another person under a contract for\nservices to comply with subsection (1), (2), (3), (5) or (7) for the\nrecord keeper—\n(a) the record keeper remains liable for an offence against the\nsubsection; and\n(b) the other person is also liable for an offence against the\nsubsection as if the other person were the record keeper\nDivision 7 Approval of electronic recording\nsystems\nSubdivision 1 Approval of electronic recording\nsystems\n342 Application for approval of electronic recording system\n(1) A person may apply to the Regulator for the approval of an electronic\nrecording system.\nExamples of persons who may apply for an approval under this section—\n• manufacturers of electronic recording systems\n• operators of fatigue-regulated heavy vehicles\n• drivers of fatigue-regulated heavy vehicles\n\n","sortOrder":301},{"sectionNumber":"343","sectionType":"section","heading":"Deciding application for approval","content":"343 Deciding application for approval\n(1) The Regulator must, as soon as practicable after receiving an\napplication for an electronic recording system approval—\n(a) grant the approval, with or without conditions about the use or\nmaintenance of the electronic recording system to which the\napproval relates; or\n(b) refuse the application.\n(2) The Regulator may approve an electronic recording system only if the\nRegulator is satisfied the system—\n(a) is suitable or has a part that is suitable for fitting to, or for use\nin, a fatigue-regulated heavy vehicle; and\n(b) has a mechanism that readily indicates to the driver of the\nfatigue-regulated heavy vehicle to which it or a part of it is fitted,\nor in which it or a part of it is used, that the system is or is not\nproperly functioning; and\n(c) is capable of—\n(i) accurately monitoring and recording the work times and\nrest times of the driver of the fatigue-regulated heavy\nvehicle to which it or a part of it is fitted, or in which it or\na part of it is used; and\n(ii) accurately recording any other information the driver is\nrequired by this Law to record in a work diary; and\n\n(d) if the system or a part of it is to be fitted to a fatigue-regulated\nheavy vehicle and is to be used by more than 1 driver of the\nvehicle, is capable of ensuring the following—\n(i) all of the information mentioned in paragraph (c) can be\naccurately monitored or recorded for each of the drivers;\n(ii) the details recorded by, or in relation to, 1 of the drivers are\nreadily distinguishable from the details recorded by, or in\nrelation to, the other drivers;\n(iii) the name of the driver in relation to whom details are\nrecorded is shown whenever the details are accessed;\n(iv) 1 of the drivers can not record any information, that the\ndriver is required by this Law to record in a work diary, in\nthe system for any of the other drivers; and\n(e) has a mechanism to ensure the driver of the fatigue-regulated\nheavy vehicle to which it or a part of it is fitted, or in which it or\na part of it is used, can not alter any information the driver\nrecords in the system once the driver has had an opportunity to\nconfirm the accuracy of the information; and\n(f) is capable of enabling the driver of the fatigue-regulated heavy\nvehicle to which it or a part of it is fitted, or in which it or a part\nof it is used, to send information to the driver’s record keeper;\nand\n(g) has a mechanism that, at least once each day, readily indicates\nto the driver whether information has or has not been sent to the\nrecord keeper; and\n(h) is capable of readily reproducing, on being accessed by the\nrecord keeper for the driver of the fatigue-regulated heavy\nvehicle to which it or a part of it is fitted, or in which it or a part\nof it is used, the information that the system contains; and\n\n(i) is capable of readily reproducing, on being accessed by an\nauthorised officer while the vehicle to which it or a part of it is\nfitted, or in which it or a part of it is used, is on a road, the\ninformation the system contains in a form that—\n(i) is readily accessible by the officer; and\n(ii) is reasonably capable of being understood by the officer;\nand\n(iii) can be used as evidence.\n(3) In deciding whether or not to grant the approval, the Regulator must\nhave regard to the approved guidelines for granting electronic\nrecording system approvals.\n(4) An approved electronic recording system may be, or be a part of, an\napproved intelligent transport system.\n","sortOrder":302},{"sectionNumber":"344","sectionType":"section","heading":"Steps after decision to grant approval","content":"344 Steps after decision to grant approval\n(1) If the Regulator grants an approval under section 343, the Regulator\nmust give the applicant a numbered certificate of approval.\n(2) If the Regulator imposes conditions on the approval, the certificate of\napproval given to the applicant must state the conditions.\n(3) If the Regulator imposes conditions on the approval not sought by the\napplicant, the Regulator must give the applicant an information notice\nfor the decision to impose the conditions.\n","sortOrder":303},{"sectionNumber":"345","sectionType":"section","heading":"Steps after decision to refuse application","content":"345 Steps after decision to refuse application\nIf the Regulator decides not to grant an application for an electronic\nrecording system approval, the Regulator must give the applicant an\ninformation notice for the decision.\n\n","sortOrder":304},{"sectionNumber":"346","sectionType":"section","heading":"Effect of approval","content":"346 Effect of approval\n(1) An electronic recording system approval granted under this\nSubdivision applies to any system identical to the system given to the\nRegulator for approval.\n(2) The conditions imposed on the approval under section 343, or\nSubdivision 3, apply to each identical system to which the approval\nSubdivision 2 Using unapproved electronic recording\n","sortOrder":305},{"sectionNumber":"347","sectionType":"section","heading":"Prohibition on using electronic work diary if it is not, and","content":"347 Prohibition on using electronic work diary if it is not, and\nis not a part of, an approved electronic recording system\nA person must not use as an electronic work diary for the purposes of\nthis Law an electronic recording system constituting an electronic\nwork diary, or of which an electronic work diary is a part, if the person\nknows, or ought reasonably to know, the electronic recording system\nis not an approved electronic recording system.\nSubdivision 3 Amendment or cancellation of approval\n","sortOrder":306},{"sectionNumber":"351","sectionType":"section","heading":"Amendment or cancellation of approval on application","content":"351 Amendment or cancellation of approval on application\n(1) The holder of an electronic recording system approval may apply to\nthe Regulator for an amendment or cancellation of the approval.\n\n(c) if the application is for an amendment of the approval, state\nclearly the amendment sought and outline the reasons for the\napplication; and\n(d) be accompanied by the certificate of approval for the approval.\n(c) if the Regulator amended the approval, the Regulator must give\nthe applicant a replacement certificate of approval for the\napproval as amended.\n(6) If the Regulator decides not to amend or cancel the approval as sought\nby the applicant, the Regulator must—\n(b) return the certificate of approval for the approval to the\napplicant.\ncertificate of approval, for an electronic recording system approval,\nmeans the certificate of approval issued by the Regulator under\nsection 344 for the approval.\n\n","sortOrder":307},{"sectionNumber":"352","sectionType":"section","heading":"Amendment or cancellation of approval on Regulator’s","content":"352 Amendment or cancellation of approval on Regulator’s\ninitiative\n(1) Each of the following is a ground for amending or cancelling an\nelectronic recording system approval—\n(a) the approval was granted because of a document or\n(b) since the approval was granted, there has been a change in the\ngrant the approval and, had the changed circumstances existed\nwhen the approval was granted, the Regulator would not have\ngranted the approval, or would have granted the approval subject\nto conditions or different conditions.\n(2) If the Regulator considers a ground exists to amend or cancel an\nelectronic recording system approval (the proposed action), the\nRegulator must give the holder of the approval a notice—\n(d) if the proposed action is to amend the approval (including a\ncondition of the approval)—stating the proposed amendment;\nand\n\n(a) if the proposed action was to amend the approval—amend the\napproval, including, for example, by imposing additional\nconditions on the approval, in a way that is not substantially\n(b) if the proposed action was to cancel the approval—\n(i) amend the approval, including, for example, by imposing\nadditional conditions on the approval; or\n(ii) cancel the approval.\n","sortOrder":308},{"sectionNumber":"353","sectionType":"section","heading":"Minor amendment of approval","content":"353 Minor amendment of approval\nThe Regulator may, by notice given to the holder of an electronic\nrecording system approval, amend the approval in a minor respect—\n","sortOrder":309},{"sectionNumber":"354","sectionType":"section","heading":"Requirements if approval amended","content":"354 Requirements if approval amended\n(1) This section applies if, under this Subdivision—\n(a) the Regulator amends an electronic recording system approval\nto change the conditions about the use or maintenance of the\nelectronic recording system the subject of the approval; and\n\n(b) in the Regulator’s opinion, the amendment will, or is likely to,\nsignificantly affect the way the electronic recording system the\nsubject of the approval is to be used.\n(2) The Regulator may, by notice, direct the holder of the approval to\ngive each person to whom the holder has supplied an electronic\nrecording system the subject of the approval, or a device forming part\nof the system, a notice stating the amended conditions of the approval.\n(3) If the Regulator gives the holder of the approval a direction under\nsubsection (2), the holder must comply with the direction.\n(4) With the Regulator’s written consent, a person may comply with\nsubsection (3) by publishing the amended conditions, and any further\ndetails stated by the Regulator, using at least 2 of the following\nmethods—\n(a) by notice published in a newspaper stated by the Regulator;\n(b) by notice published in a journal or newsletter stated by the\n(c) on a website stated by the Regulator.\n(5) If, under subsection (3), the holder of the approval gives a person a\nnotice stating the amended conditions of the approval, the person\nmust give a copy of the notice to each other person to whom the\nperson has supplied an electronic recording system the subject of the\napproval, or a device forming part of the system.\nExample for the purposes of subsection (5)—\nThe holder of an approval is a manufacturer and the manufacturer has supplied an\nelectronic recording system the subject of the approval to an operator of a fatigue-\nregulated heavy vehicle who has supplied the system to the vehicle’s driver. If,\nunder subsection (3), the manufacturer gives the operator a notice stating the\namended conditions of the approval, the operator must, under subsection (5), give\nthe driver a copy of the notice.\n\n(6) Nothing in this section prevents the Regulator from publishing details\nof the amendment by whatever means the Regulator thinks\nThe Regulator may publish the amended conditions in the Commonwealth Gazette\nor on a website.\namended conditions, of an electronic recording system approval that\nhas been amended under this Division, means the conditions of the\napproval as they apply after the amendment.\n","sortOrder":310},{"sectionNumber":"355","sectionType":"section","heading":"Requirements if approval cancelled","content":"355 Requirements if approval cancelled\n(1) This section applies if, under this Subdivision, the Regulator notifies\nthe holder of an electronic recording system approval that the\napproval has been cancelled.\n(2) If the electronic recording system constitutes an electronic work\ndiary, or if part of the electronic recording system is an electronic\nwork diary, the holder of the approval must, within the period stated\nby the Regulator in the notification, remove any electronic message\non the system’s visual display stating the system is or includes an\nelectronic work diary.\n(3) The Regulator may, by notice, direct the holder of the approval to\ngive each person to whom the holder has supplied an electronic\nrecording system the subject of the approval that constitutes an\nelectronic work diary, or of which an electronic work diary is a part,\na notice stating that the approval has been cancelled.\n(4) If the Regulator gives the holder of the approval a direction under\nsubsection (3), the holder must comply with the direction.\n\n(5) With the Regulator’s written consent, a person may comply with\nsubsection (4) by publishing details of the cancellation, and any\nfurther details stated by the Regulator, using at least 2 of the following\nmethods—\n(a) by notice published in a newspaper stated by the Regulator;\n(b) by notice published in a journal or newsletter stated by the\n(c) on a website stated by the Regulator.\n(6) If, under subsection (4), the holder of the approval gives a person a\nnotice that the approval has been cancelled, the person must give a\nnotice to each other person to whom the person has supplied an\nelectronic recording system the subject of the approval that\nconstitutes an electronic work diary, or of which an electronic work\ndiary is a part, stating that the approval has been cancelled.\nExample for the purposes of subsection (6)—\nThe holder of an approval is a service provider who has supplied to the operator of\na fatigue-regulated heavy vehicle an approved electronic recording system\nconstituting an electronic work diary or of which an electronic work diary is a part.\nIf, under subsection (4), the service provider gives the operator a notice stating the\napproval has been cancelled, the operator must give the driver of the vehicle a notice\nstating the approval has been cancelled.\n(7) Nothing in this section prevents the Regulator from publishing details\nof the cancellation by whatever means the Regulator thinks\nThe Regulator may publish the cancellation in the Commonwealth Gazette or on a\nholder, of an electronic recording system approval that has been\ncancelled, means the person who, immediately before the\ncancellation took effect, held the approval.\n\nDivision 8 Exemptions from work diary\nrequirements of Division 2\n","sortOrder":311},{"sectionNumber":"356","sectionType":"section","heading":"Emergency services exemption","content":"356 Emergency services exemption\n(1) A person who is acting for an emergency service and who has time-\ncritical duties on the way to, or during, an emergency is exempted in\nthe course of carrying out the duties from compliance with\nDivision 2.\n(2) A person who is acting for an emergency service and who is returning\nfrom attending an emergency is exempted from compliance with\nDivision 2 if the person reasonably believes the noncompliance does\nnot present an unreasonable danger to other road users.\n(3) A person who is acting for an emergency service is exempted from\ncompliance with Division 2 under subsection (1) or (2) only if, at the\nrelevant time, the person complies with any guidelines regarding the\nmanagement of fatigue issued by or on behalf of the emergency\nservice or an authority responsible for oversight of the emergency\nservice.\nemergency means an event, or an anticipated event, that—\n(a) endangers, or may endanger, life, property or the environment;\nor\n(b) has disrupted, or may disrupt, communications, energy supply,\nwater supply or sewerage services; or\n(c) is declared to be an emergency or disaster by—\n(i) the Commonwealth or a State or Territory; or\n\n(ii) a Commonwealth or State or Territory authority\nresponsible for managing responses to emergencies or\ndisasters.\nExamples of an emergency—\nfire, explosion or natural disaster\nemergency service means an entity that has a statutory responsibility\nto respond to an emergency and includes the following—\n(a) an ambulance service;\n(b) a fire brigade, including a volunteer fire brigade;\n(c) a police force or police service;\n(d) a disaster or emergency organisation of the Commonwealth or a\nState or Territory.\nSubdivision 2 Exemptions by Commonwealth Gazette\n","sortOrder":312},{"sectionNumber":"357","sectionType":"section","heading":"Regulator’s power to exempt particular drivers from work","content":"357 Regulator’s power to exempt particular drivers from work\ndiary requirements\nwith section 361, exempt, for a period of not more than 3 years,\ndrivers of fatigue-regulated heavy vehicles carrying out a class of\nwork from the requirement to comply with Subdivisions 1 to 5 of\nDivision 2 for the work.\n(2) An exemption under subsection (1) is a work diary exemption\n\n","sortOrder":313},{"sectionNumber":"358","sectionType":"section","heading":"Restriction on grant of work diary exemption (notice)","content":"358 Restriction on grant of work diary exemption (notice)\n(1) The Regulator may grant a work diary exemption (notice) only if the\n(a) requiring the drivers to whom the exemption is to apply to\ncomply with Subdivisions 1 to 5 of Division 2 would be an\nunreasonable restriction on operations conducted by the drivers;\nand\n(b) the class of work to which the exemption is to apply will not\npose—\n(i) a significant risk to public safety; or\n(ii) a significant risk of the drivers to whom the exemption is\nto apply driving on a road while impaired by fatigue.\n(2) In deciding whether or not to grant a work diary exemption (notice),\ngranting work diary exemptions.\n","sortOrder":314},{"sectionNumber":"359","sectionType":"section","heading":"Conditions of work diary exemption (notice)","content":"359 Conditions of work diary exemption (notice)\nA work diary exemption (notice) may be subject to any conditions the\nRegulator considers appropriate, including, for example—\n(a) conditions about recording information about the work to which\nthe exemption applies; and\n(b) a condition that the driver of a fatigue-regulated heavy vehicle\nwho is operating under the exemption must keep in the driver’s\n\n","sortOrder":315},{"sectionNumber":"360","sectionType":"section","heading":"Period for which work diary exemption (notice) applies","content":"360 Period for which work diary exemption (notice) applies\nA work diary exemption (notice)—\n","sortOrder":316},{"sectionNumber":"361","sectionType":"section","heading":"Requirements about Commonwealth Gazette notice","content":"361 Requirements about Commonwealth Gazette notice\n(1) A Commonwealth Gazette notice for a work diary exemption (notice)\nmust state the following—\n(a) the class of work to which the exemption applies;\n(b) that drivers of fatigue-regulated heavy vehicles who carry out\nthe class of work are exempt from the requirement to comply\nwith Subdivisions 1 to 5 of Division 2 for the work;\n\n","sortOrder":317},{"sectionNumber":"362","sectionType":"section","heading":"Amendment or cancellation of work diary exemption","content":"362 Amendment or cancellation of work diary exemption\n(1) It is a ground for amending or cancelling a work diary exemption\n(notice) if, since the exemption was granted, there has been a change\nin the circumstances that were relevant to the Regulator’s decision to\ngranted the exemption, or would have granted the exemption subject\nto conditions or different conditions.\n(2) If the Regulator considers a ground exists to amend or cancel the work\ndiary exemption (notice), the Regulator may amend or cancel the\nexemption by complying with subsections (3) to (5).\ncancel the exemption; and\n\nsubsection (3)(d), the Regulator still considers the circumstances in\nwhich the Regulator may grant the work diary exemption (notice) are\nno longer satisfied, the Regulator may—\nexemption in a way that is not substantially different from the\nproposed action, including, for example, by—\n(i) amending the class of work to which the exemption\n(ii) amending the conditions of the exemption; or\n(i) amend the exemption, including, for example, by\namending the exemption in a way mentioned in paragraph\n(a)(i) or (ii); or\n\n","sortOrder":318},{"sectionNumber":"363","sectionType":"section","heading":"Regulator’s power to exempt driver of fatigue-regulated","content":"363 Regulator’s power to exempt driver of fatigue-regulated\nheavy vehicle from work diary requirement\nsection 368, exempt, for a period of not more than 3 years, a driver of\na fatigue-regulated heavy vehicle from the requirement to comply\nwith Subdivisions 1 to 5 of Division 2.\n(2) An exemption under subsection (1) is a work diary exemption\n","sortOrder":319},{"sectionNumber":"364","sectionType":"section","heading":"Application for work diary exemption (permit)","content":"364 Application for work diary exemption (permit)\n(1) The driver of a fatigue-regulated heavy vehicle who is working under\nstandard hours may apply to the Regulator for a work diary exemption\n(ii) any conditions for the exemption sought by the applicant;\nand\n(c) nominate a person (the nominee) to make written work records\nfor the driver; and\n(d) be accompanied by the nominee’s written agreement to the\nnomination; and\n(e) be accompanied by the prescribed fee for the application.\n(3) An employer of the driver of a fatigue-regulated heavy vehicle may\nmake an application under subsection (1) on behalf of the driver.\n\n(4) The Regulator may, by notice given to the applicant, require the\n","sortOrder":320},{"sectionNumber":"365","sectionType":"section","heading":"Restriction on grant of work diary exemption (permit)","content":"365 Restriction on grant of work diary exemption (permit)\n(1) The Regulator may grant a work diary exemption (permit) only if the\n(a) the driver can not make records in the driver’s work diary\nbecause of the driver’s inadequate English literacy; and\n(b) the nominee for the driver will be able to make records that are\nno less complete or accurate than records made under\nSubdivisions 1 to 5 of Division 2; and\n(c) the driver works only under standard hours.\n(2) In deciding whether or not to grant a work diary exemption (permit),\ngranting work diary exemptions.\nnominee, for the driver of a fatigue-regulated heavy vehicle, means\nthe person nominated, in the application for the work diary exemption\n(permit), by the driver to make written work records for the driver.\n\n","sortOrder":321},{"sectionNumber":"366","sectionType":"section","heading":"Conditions of work diary exemption (permit)","content":"366 Conditions of work diary exemption (permit)\n(1) A work diary exemption (permit) is subject to the condition that the\ndriver to whom the exemption applies must carry out all work as a\ndriver of fatigue-regulated heavy vehicles under standard hours only.\n(2) A work diary exemption (permit) may be subject to any other\nexample, conditions about—\n(a) the information to be included in records about the work carried\nout by the driver of a fatigue-regulated heavy vehicle to whom\nthe exemption applies; and\n(b) how the records are to be made.\n","sortOrder":322},{"sectionNumber":"367","sectionType":"section","heading":"Period for which work diary exemption (permit) applies","content":"367 Period for which work diary exemption (permit) applies\n(1) A work diary exemption (permit) applies for the period stated in the\npermit for the exemption.\nwork diary exemption (permit).\n","sortOrder":323},{"sectionNumber":"368","sectionType":"section","heading":"Permit for work diary exemption (permit) etc.","content":"368 Permit for work diary exemption (permit) etc.\n(1) If the Regulator grants a work diary exemption (permit) to a person,\nthe Regulator must give the person—\n(b) if the Regulator has imposed conditions on the exemption under\nsection 366 or has granted the exemption for a period less than\nthe period of not more than 3 years sought by the person—an\ninformation notice for the decision to impose the conditions or\ngrant the exemption for the shorter period.\n\n(2) A permit for a work diary exemption (permit) must state the\n(a) the name of the driver of a fatigue-regulated heavy vehicle to\nwhom the permit is given;\n(b) the name of the nominee for the driver;\nnominee, for the driver of a fatigue-regulated heavy vehicle, means\nthe person nominated, in the application for the work diary exemption\n(permit), by the driver to make written work records for the driver.\n","sortOrder":324},{"sectionNumber":"369","sectionType":"section","heading":"Refusal of application for work diary exemption (permit)","content":"369 Refusal of application for work diary exemption (permit)\nIf the Regulator refuses an application for a work diary exemption\n(permit), the Regulator must give the applicant an information notice\nfor the decision to refuse the application.\n","sortOrder":325},{"sectionNumber":"370","sectionType":"section","heading":"Amendment or cancellation of work diary exemption","content":"370 Amendment or cancellation of work diary exemption\n(permit) on application by permit holder\n(1) The holder of a permit for a work diary exemption (permit) may apply\nto the Regulator for an amendment or cancellation of the exemption.\n\n(d) if the application is for an amendment of the person nominated\nby the holder to make written work records for the holder—be\naccompanied by the nominee’s written agreement to the\nnomination; and\n(e) be accompanied by the permit.\n(c) if the Regulator amends the exemption, the Regulator must give\nthe applicant a replacement permit for the exemption as\n(6) If the Regulator decides not to amend or cancel the work diary\nexemption (permit), as sought by the applicant, the Regulator must—\n\n","sortOrder":326},{"sectionNumber":"371","sectionType":"section","heading":"Amendment or cancellation of work diary exemption","content":"371 Amendment or cancellation of work diary exemption\n(permit) on Regulator’s initiative\ndiary exemption (permit)—\n(b) the person to whom the exemption is granted has contravened\nthis Law or a corresponding fatigue law;\n(c) the nominee has contravened a condition of the exemption;\ndiary exemption (permit) (the proposed action), the Regulator must\ngive the holder of the permit for the exemption a notice—\nand\n\nnominee, for the person to whom a work diary exemption (permit) is\ngranted, means the person stated in the permit for the exemption as\nthe person nominated by the person to make written work records for\nthe person.\n\n","sortOrder":327},{"sectionNumber":"372","sectionType":"section","heading":"Minor amendment of work diary exemption (permit)","content":"372 Minor amendment of work diary exemption (permit)\nwork diary exemption (permit), amend the exemption in a minor\nrespect—\n","sortOrder":328},{"sectionNumber":"373","sectionType":"section","heading":"Return of permit","content":"373 Return of permit\n(1) If a person’s work diary exemption (permit) is amended or cancelled\nunder this Subdivision, the Regulator may, by notice given to the\nperson, require the person to return the person’s permit for the\nexemption to the Regulator.\n","sortOrder":329},{"sectionNumber":"374","sectionType":"section","heading":"Replacement of defaced etc. permit","content":"374 Replacement of defaced etc. permit\n(1) If a person’s permit for a work diary exemption (permit) is defaced,\ndestroyed, lost or stolen, the person must, as soon as reasonably\npracticable after becoming aware of the matter, apply to the Regulator\nfor a replacement permit.\n\nSubdivision 4 Operating under work diary exemption\n375 Contravening condition of work diary exemption\nA person must not contravene a condition of a work diary exemption.\n376 Keeping relevant document while operating under work\ndiary exemption (notice)\n(1) This section applies if a work diary exemption (notice) is subject to\nthe condition that the driver of a fatigue-regulated heavy vehicle who\nis operating under the exemption must keep a relevant document in\nthe driver’s possession.\n(2) A driver of the fatigue-regulated heavy vehicle who is operating\nunder the work diary exemption (notice) must comply with the\ncondition.\nrelevant document, for a work diary exemption (notice), means a\ncopy of—\n\n","sortOrder":330},{"sectionNumber":"377","sectionType":"section","heading":"Keeping permit or copy while operating under work diary","content":"377 Keeping permit or copy while operating under work diary\nThe driver of a fatigue-regulated heavy vehicle who is operating\nunder a work diary exemption (permit) must keep the permit or a copy\nof the permit in the driver’s possession.\nDivision 8A Exemptions from fatigue record\nkeeping requirements of Division 3\nSubdivision 1 Exemptions by Commonwealth Gazette\n378 Regulator’s power to exempt record keepers from fatigue\nrecord keeping requirements\nwith section 381, exempt, for a period of not more than 3 years, record\nkeepers for drivers of fatigue-regulated heavy vehicles carrying out a\nclass of work from the requirement to comply with all or stated\nprovisions of Division 3 for the work.\n(2) An exemption under subsection (1) is a fatigue record keeping\n\n(3) In deciding whether or not to grant a fatigue record keeping\nexemption (notice), the Regulator must have regard to the approved\nguidelines for granting fatigue record keeping exemptions.\n","sortOrder":331},{"sectionNumber":"379","sectionType":"section","heading":"Conditions of fatigue record keeping exemption (notice)","content":"379 Conditions of fatigue record keeping exemption (notice)\nA fatigue record keeping exemption (notice)—\n(a) is subject to conditions prescribed by the national regulations for\n(i) conditions about recording information about the work to\nwhich the exemption applies; and\n(ii) a condition that a record keeper for the driver of a fatigue-\nregulated heavy vehicle who is operating under the\nexemption must keep in the record keeper’s possession—\n(A) a copy of the Commonwealth Gazette notice for the\nexemption; or\n(B) a stated document or stated kind of document relating\nto the exemption.\n","sortOrder":332},{"sectionNumber":"380","sectionType":"section","heading":"Period for which fatigue record keeping exemption","content":"380 Period for which fatigue record keeping exemption\n(notice) applies\nA fatigue record keeping exemption (notice)—\n\n","sortOrder":333},{"sectionNumber":"381","sectionType":"section","heading":"Requirements about Commonwealth Gazette notice","content":"381 Requirements about Commonwealth Gazette notice\n(1) A Commonwealth Gazette notice for a fatigue record keeping\nexemption (notice) must state the following—\n(a) the class of work to which the exemption applies;\n(b) that record keepers for drivers of fatigue-regulated heavy\nvehicles who carry out the class of work are exempt from the\nrequirement to comply with all or stated provisions of Division\n3 for the work;\n","sortOrder":334},{"sectionNumber":"382","sectionType":"section","heading":"Amendment or cancellation of fatigue record keeping","content":"382 Amendment or cancellation of fatigue record keeping\n(1) It is a ground for amending or cancelling a fatigue record keeping\nexemption (notice) if, since the exemption was granted, there has\nbeen a change in the circumstances that were relevant to the\nRegulator’s decision to grant the exemption and, had the changed\ncircumstances existed when the exemption was granted, the\nRegulator would not have granted the exemption, or would have\ngranted the exemption subject to conditions or different conditions.\n(2) If the Regulator considers a ground exists to amend or cancel a fatigue\nrecord keeping exemption (notice), the Regulator may amend or\ncancel the exemption by complying with subsections (3) to (5).\n\ncancel the exemption; and\nsubsection (3)(d), the Regulator still considers the circumstances in\nwhich the Regulator may grant the fatigue record keeping exemption\n(notice) are no longer satisfied, the Regulator may—\nexemption in a way that is not substantially different from the\nproposed action, including, for example, by—\n(i) amending the class of work to which the exemption\n(ii) amending the conditions of the exemption; or\n(i) amend the exemption, including, for example, by\namending the exemption in a way mentioned in paragraph\n(a)(i) or (ii); or\n\nSubdivision 2 Exemptions by permit\n","sortOrder":335},{"sectionNumber":"383","sectionType":"section","heading":"Regulator’s power to exempt record keepers from fatigue","content":"383 Regulator’s power to exempt record keepers from fatigue\nrecord keeping requirements\nsection 387, exempt, for a period of not more than 3 years, a record\nkeeper for one or more drivers of a fatigue-regulated heavy vehicle\nfrom the requirement to comply with all or stated provisions of\nDivision 3.\n(2) An exemption under subsection (1) is a fatigue record keeping\n(3) The Regulator may grant a fatigue record keeping exemption (permit)\nto the operator of a fatigue-regulated heavy vehicle in combination\nwith the operator’s BFM accreditation or AFM accreditation.\n(4) The Regulator may grant a fatigue record keeping exemption\n(permit)—\n(a) in a way that does not cover all the drivers sought by the\napplicant; or\n(b) setting conditions different from those sought by the applicant.\n\n","sortOrder":336},{"sectionNumber":"384","sectionType":"section","heading":"Application for fatigue record keeping exemption (permit)","content":"384 Application for fatigue record keeping exemption (permit)\n(1) The record keeper for a driver of a fatigue-regulated heavy vehicle\nmay apply to the Regulator for a fatigue record keeping exemption\n(ii) any conditions for the exemption sought by the applicant;\n(iii) the name and details of each driver of a fatigue-regulated\nheavy vehicle to whom the exemption sought is to apply;\n(iv) any other details prescribed by the national regulations;\nand\n(c) be accompanied by the prescribed fee for the application.\n(4) In deciding whether or not to grant a fatigue record keeping\nexemption (permit), the Regulator must comply with any\nrequirements prescribed by the national regulations for the purposes\nof this subsection and have regard to the approved guidelines for\ngranting fatigue record keeping exemptions.\n","sortOrder":337},{"sectionNumber":"385","sectionType":"section","heading":"Conditions of fatigue record keeping exemption (permit)","content":"385 Conditions of fatigue record keeping exemption (permit)\nA fatigue record keeping exemption (permit)—\n(a) is subject to conditions prescribed by the national regulations for\n\n(i) a condition about the information to be included in records\nabout the work carried out by drivers of fatigue-regulated\nheavy vehicles to whom the exemption applies; and\n(ii) a condition about how the records are to be made; and\n(iii) a condition that a record keeper for the driver of a fatigue-\nregulated heavy vehicle who is operating under the\nexemption must keep in the record keeper’s possession—\n(A) the permit for the exemption; or\n(B) a stated document or stated kind of document relating\nto the exemption.\n","sortOrder":338},{"sectionNumber":"386","sectionType":"section","heading":"Period for which fatigue record keeping exemption","content":"386 Period for which fatigue record keeping exemption\n(permit) applies\n(1) A fatigue record keeping exemption (permit) applies for the period\nstated in the permit for the exemption.\nfatigue record keeping exemption (permit).\n","sortOrder":339},{"sectionNumber":"387","sectionType":"section","heading":"Permit for fatigue record keeping exemption (permit) etc.","content":"387 Permit for fatigue record keeping exemption (permit) etc.\n(1) If the Regulator grants a fatigue record keeping exemption (permit)\nto a person, the Regulator must give the person—\n(b) if the Regulator has imposed conditions on the exemption under\nsection 385 or has granted the exemption for a period less than\nthe period of not more than 3 years sought by the person—an\ninformation notice for the decision to impose the conditions or\ngrant the exemption for the shorter period.\n\n(2) A permit for a fatigue record keeping exemption (permit) must state\nthe following—\n(a) the name of the drivers of fatigue-regulated heavy vehicles to\nwhom the permit applies;\n(b) the conditions of the exemption;\n(c) the period for which the exemption applies.\n","sortOrder":340},{"sectionNumber":"388","sectionType":"section","heading":"Refusal of application for fatigue record keeping","content":"388 Refusal of application for fatigue record keeping\nIf the Regulator refuses an application for a fatigue record keeping\n","sortOrder":341},{"sectionNumber":"389","sectionType":"section","heading":"Amendment or cancellation of fatigue record keeping","content":"389 Amendment or cancellation of fatigue record keeping\n(1) The holder of a permit for a fatigue record keeping exemption\n(permit) may apply to the Regulator for an amendment or cancellation\nof the exemption.\n\n","sortOrder":342},{"sectionNumber":"390","sectionType":"section","heading":"Amendment or cancellation of fatigue record keeping","content":"390 Amendment or cancellation of fatigue record keeping\n(1) Each of the following is a ground for amending or cancelling a fatigue\nrecord keeping exemption (permit)—\n(b) the holder of the permit for the exemption has contravened this\nLaw or a corresponding fatigue law;\n(c) a driver of a fatigue-regulated heavy vehicle to whom the\nexemption applies has contravened this Law or a corresponding\nfatigue law;\n\n(2) If the Regulator considers a ground exists to amend or cancel a fatigue\nrecord keeping exemption (permit) (the proposed action), the\nand\n\n","sortOrder":343},{"sectionNumber":"391","sectionType":"section","heading":"Minor amendment of fatigue record keeping exemption","content":"391 Minor amendment of fatigue record keeping exemption\nfatigue record keeping exemption (permit), amend the exemption in\na minor respect—\n","sortOrder":344},{"sectionNumber":"392","sectionType":"section","heading":"Return of permit","content":"392 Return of permit\n(1) If a person’s fatigue record keeping exemption (permit) is amended\nor cancelled, the Regulator may, by notice given to the person, require\nthe person to return the person’s permit for the exemption to the\n\n","sortOrder":345},{"sectionNumber":"393","sectionType":"section","heading":"Replacement of defaced etc. permit","content":"393 Replacement of defaced etc. permit\n(1) If a person’s permit for a fatigue record keeping exemption (permit)\nis defaced, destroyed, lost or stolen, the person must, as soon as\nSubdivision 3 Exemptions by national regulations\n","sortOrder":346},{"sectionNumber":"394","sectionType":"section","heading":"Exemptions from provisions of Division 3","content":"394 Exemptions from provisions of Division 3\n(1) The national regulations may provide for the exemption of record\nkeepers for drivers of fatigue-regulated heavy vehicles from the\nrequirement to comply with all or stated provisions of Division 3.\nprescribe matters about—\n(a) one or more classes of record keepers for which an exemption is\nto apply; and\n(b) one or more classes of drivers of fatigue-regulated heavy\nvehicles for which an exemption is to apply; and\n(c) conditions to which an exemption is to be subject.\n\nRequirements about odometers Division 9\nSubdivision 4 Other provisions\n395 Contravening condition of fatigue record keeping\nA person must not contravene a condition of a fatigue record keeping\n396 Owner must maintain odometer\n(1) The national regulations may require the fitting and maintenance of\nan odometer to a fatigue-regulated heavy vehicle.\n(2) An owner of a fatigue-regulated heavy vehicle required by the\nnational regulations to be fitted with an odometer must maintain the\nodometer in accordance with the requirements prescribed by the\nnational regulations, unless the owner has a reasonable excuse.\n","sortOrder":347},{"sectionNumber":"397","sectionType":"section","heading":"Driver must report malfunctioning odometer","content":"397 Driver must report malfunctioning odometer\nbecomes aware or has reason to suspect an odometer fitted to the\nvehicle is malfunctioning or has malfunctioned.\n(2) The driver must inform the following persons of the matter within 2\nbusiness days—\n(a) each owner of the vehicle;\n(b) the driver’s employer if the driver is an employed driver;\n(c) each operator of the vehicle.\n\n(3) Subsection (2) does not apply to the driver of a fatigue-regulated\nheavy vehicle in relation to a malfunction of an odometer if another\ndriver of the vehicle has complied with the subsection in relation to\nthe malfunction.\n","sortOrder":348},{"sectionNumber":"398","sectionType":"section","heading":"What owner must do if odometer malfunctioning","content":"398 What owner must do if odometer malfunctioning\n(1) This section applies if an owner of a fatigue-regulated heavy vehicle\nis informed under section 397 of malfunctioning or suspected\nmalfunctioning of the vehicle’s odometer.\n(2) The owner must, as soon as reasonably practicable after being\ninformed of the matter, ensure the odometer is examined and brought\ninto working order.\n","sortOrder":349},{"sectionNumber":"399","sectionType":"section","heading":"What employer or operator must do if odometer","content":"399 What employer or operator must do if odometer\n(1) This section applies if an employer of the driver of a fatigue-regulated\nheavy vehicle or an operator of a fatigue-regulated heavy vehicle is\ninformed under section 397 of malfunctioning or suspected\nmalfunctioning of the vehicle’s odometer.\n(2) The employer or operator must not, without a reasonable excuse,\ndrive, or permit another person to drive, the fatigue-regulated heavy\nvehicle unless the owner of the vehicle has complied with section 398.\n\n","sortOrder":350},{"sectionNumber":"400","sectionType":"section","heading":"Main purposes of Ch 7","content":"400 Main purposes of Ch 7\n(1) The main purposes of this Chapter are—\n(a) to ensure the integrity of systems used for compliance with\nintelligent access program conditions; and\n(b) to provide for appropriate collection, keeping and handling of\nintelligent access program information.\n(2) The purpose mentioned in subsection (1)(a) is achieved by—\n(a) requiring particular entities to report relevant contraventions for\nintelligent access program vehicles; and\n(b) requiring particular entities to report tampering or suspected\ntampering with, or malfunctioning of, approved intelligent\ntransport systems; and\n(c) prohibiting persons from tampering with approved intelligent\ntransport systems; and\n(d) giving particular entities functions and powers to audit the\nactivities of intelligent access program service providers.\n(3) The purpose mentioned in subsection (1)(b) is achieved by—\n(a) allowing entities to collect, hold, use and disclose intelligent\naccess program information for only limited purposes and\nsubject to restrictions; and\n(b) requiring entities with monitoring or auditing functions to\nensure intelligent access program information collected is\naccurate, complete and up to date; and\n\n(c) requiring entities who collect intelligent access program\ninformation to protect the information and destroy it when it is\nno longer required by the entities; and\n(d) providing for persons about whom an entity holds personal\ninformation to have access to the information and have it\ncorrected in appropriate circumstances.\n","sortOrder":351},{"sectionNumber":"401","sectionType":"section","heading":"What the Intelligent Access Program is","content":"401 What the Intelligent Access Program is\nThe Intelligent Access Program is a program to allow heavy vehicles\nto have access, or improved access, to the road network in return for\nmonitoring, by an intelligent transport system, of their compliance\nwith stated access conditions.\n","sortOrder":352},{"sectionNumber":"402","sectionType":"section","heading":"Application of Ch 7","content":"402 Application of Ch 7\n(1) This Chapter applies in relation to a heavy vehicle for which a mass\nor dimension authority is in force with the following conditions\n(intelligent access program conditions)—\n(a) a condition about the areas or routes to which the authority\napplies;\n(b) conditions about the use of a heavy vehicle on a road under the\nauthority, including, for example, conditions about one or more\nof the following—\n(i) the maximum permissible mass of the vehicle, or the\nvehicle together with its load, while it is being used on the\nroad under the authority;\n(ii) the times when the vehicle may be used on the road under\nthe authority;\n(iii) the maximum speed at which the vehicle may be driven on\nthe road under the authority;\n\n(c) conditions that—\n(i) a heavy vehicle’s compliance with the conditions\nmentioned in paragraphs (a) and (b) is monitored by an\napproved intelligent transport system used by an intelligent\naccess program service provider; and\n(ii) any noncompliance reports made by the system are sent to\nthe Regulator within a stated period.\n(2) This Chapter also applies in relation to a heavy vehicle for which an\nHML authority is in force with the conditions (also intelligent access\nprogram conditions) that—\n(a) either or both of the following is monitored by an approved\nintelligent transport system used by an intelligent access\nprogram service provider—\n(i) the roads on which the vehicle is used under the higher\nmass limits;\n(ii) the vehicle’s compliance with conditions about the use of\na heavy vehicle on a road under the higher mass limits,\nincluding, for example, conditions about one or more of the\n(A) the times when the vehicle may be driven on the road\nunder the higher mass limits;\n(B) the maximum speed at which the vehicle may be\ndriven on the road under the higher mass limits; and\n(b) any noncompliance reports made by the system are sent to the\nRegulator within a stated period.\n\n","sortOrder":353},{"sectionNumber":"403","sectionType":"section","heading":"Definitions for Ch 7","content":"403 Definitions for Ch 7\napproved intelligent transport system means an intelligent transport\nsystem approved by TCA, for the purposes of the Intelligent Access\nProgram, for use by an intelligent access program service provider to\nmonitor the relevant monitoring matters for an intelligent access\nprogram vehicle.\nhigher mass limits means the higher mass limits applying under the\nmass requirements.\nHML authority means a declaration made, or permit granted, under\nthe national regulations allowing a heavy vehicle to be used on a road\nunder the higher mass limits.\nintelligent access program agreement means an agreement between\nthe operator of a heavy vehicle and an intelligent access program\nservice provider under which the service provider agrees to monitor,\nby using an approved intelligent transport system, the relevant\nmonitoring matters for the vehicle.\nintelligent access program audit means the process of doing 1 or\nmore of the following—\n(a) reviewing intelligent access program information held by an\nintelligent access program service provider to assess whether the\ninformation is accurate, complete and up to date;\n(b) reviewing the processes by which intelligent access program\ninformation held by an intelligent access program service\nprovider is generated, recorded, stored, displayed, analysed,\ntransmitted and reported;\n(c) examining how intelligent access program information held by\nan intelligent access program service provider is used and\ndisclosed by the service provider;\n(d) examining an approved intelligent transport system.\n\nintelligent access program conditions has the meaning given by\nsection 402.\nintelligent access program information means information\ngenerated, recorded, stored, displayed, analysed, transmitted or\nreported by an approved intelligent transport system for any purpose\nrelating to the Intelligent Access Program.\nIntelligent Access Program has the meaning given in section 401.\nintelligent access program service provider means a person certified\nby TCA as a service provider for monitoring, by using an approved\nintelligent transport system, the relevant monitoring matters for an\nintelligent access program vehicle.\nintelligent access program vehicle means a heavy vehicle—\n(a) for which a mass or dimension exemption is in force with\nintelligent access program conditions (as referred to in\nsection 402(1)); or\n(b) for which an HML authority is in force with intelligent access\nprogram conditions (as referred to in section 402(2)).\nlaw enforcement purposes means the purposes of investigating or\nprosecuting an offence against an Australian road law.\nmalfunction, in relation to an approved intelligent transport system,\nmeans the system—\n(a) ceases to work at all, or works only intermittently; or\n(b) does not perform one or more functions required under the\nIntelligent Access Program; or\n(c) performs a function mentioned in paragraph (b)—\n(i) only intermittently; or\n(ii) in a way that the results of it doing so are inaccurate or\nunreliable, including intermittently inaccurate or\nunreliable.\n\nnoncompliance report means a report made by an approved\nintelligent transport system that reports either or both of the\n(a) a relevant contravention for an intelligent access program\n(b) apparent tampering with, or malfunctioning of, the system.\npersonal information means personal information that is intelligent\naccess program information or otherwise collected for the purposes\nof this Chapter.\nSee also definition personal information in section 5.\nrelevant contravention means—\n(a) for an intelligent access program vehicle used under a mass or\ndimension exemption—the vehicle’s contravention of\nconditions mentioned in section 402(1)(a) or (b) applying to the\n(b) for an intelligent access program vehicle used under the higher\nmass limits—\n(i) the vehicle’s use under the higher mass limits on a road to\nwhich the higher mass limits do not apply; or\n(ii) the vehicle’s contravention of a condition about the use of\nthe vehicle on a road under the higher mass limits.\nrelevant monitoring matters means—\n(a) for a heavy vehicle used under a mass or dimension\nexemption—the vehicle’s compliance with conditions\nmentioned in section 402(1)(a) or (b) applying to the vehicle; or\n(b) for a heavy vehicle used under the higher mass limits—the\nmatters mentioned in section 402(2)(a)(i) or (ii) for the vehicle.\n\ntamper, with an approved intelligent transport system, means engage\nin conduct that has the result that—\n(a) the system is changed; or\n(b) the system is installed or used in a way that is not in accordance\nwith the conditions of its approval by TCA; or\n(c) any operating software that the system uses internally is\nchanged.\n\n","sortOrder":354},{"sectionNumber":"Part 7","sectionType":"part","heading":"2 Duties and obligations of","content":"Part 7.2 Duties and obligations of\noperators of intelligent access\nprogram vehicles\n","sortOrder":355},{"sectionNumber":"404","sectionType":"section","heading":"Offence to give false or misleading information to","content":"404 Offence to give false or misleading information to\nintelligent access program service provider\n(1) The operator of an intelligent access program vehicle commits an\noffence if—\n(a) the operator gives information to an intelligent access program\nservice provider with whom the operator has entered into an\nintelligent access program agreement for the vehicle; and\n(b) the information is relevant to the use of the vehicle; and\n(c) the operator knows, or ought reasonably to know, the\ninformation is false or misleading.\n(2) Subsection (1) does not apply if the operator gives the information in\nwriting and, when giving the information—\n(a) tells the intelligent access program service provider, to the best\nof the operator’s ability, how it is false or misleading; and\n(b) if the operator has, or can reasonably obtain, the correct\ninformation—gives the correct information in writing.\n(3) Without limiting subsection (1)(b), information about the intelligent\naccess program conditions applying to an intelligent access program\nvehicle is relevant to the use of the vehicle.\n\nDuties and obligations of operators of intelligent access program vehicles Part 7.2\n(4) The operator of a heavy vehicle commits an offence if—\n(a) the operator gives information to an intelligent access program\nservice provider; and\n(b) the operator intends that the intelligent access program service\nprovider will enter into an intelligent access program agreement\nwith the operator in reliance on the information; and\n(c) the operator knows, or ought reasonably to know, the\ninformation is false or misleading.\n(5) Subsection (4) does not apply if the operator gives the information in\nwriting and, when giving the information—\n(a) tells the intelligent access program service provider, to the best\nof the operator’s ability, how it is false or misleading; and\n(b) if the operator has, or can reasonably obtain, the correct\ninformation—gives the correct information in writing.\n(6) In a proceeding for an offence against subsection (1) or (4), it is\nenough for a charge to state that the information given was ‘false or\nmisleading’ to the operator’s knowledge, without specifying whether\nit was false or whether it was misleading.\n","sortOrder":356},{"sectionNumber":"405","sectionType":"section","heading":"Advising vehicle driver of collection of information by","content":"405 Advising vehicle driver of collection of information by\nintelligent access program service provider\n(1) The operator of an intelligent access program vehicle must , unless\nthe operator has a reasonable excuse, ensure the vehicle’s driver is\ngiven the following information before the vehicle begins a journey—\n(a) that the vehicle will be monitored by an intelligent access\n\n(b) that this Chapter provides for the collection of information by\nthe intelligent access program service provider;\n(c) the information that will be collected by the intelligent access\n(d) the purposes for which the information will be collected;\n(e) the entities to whom the information collected may be disclosed;\n(f) that, under this Chapter, the driver has rights of access to\npersonal information or to have personal information changed\nto ensure it is accurate, complete and up to date;\n(g) how the rights mentioned in paragraph (f) can be exercised;\n(h) the name and address of the intelligent access program service\nprovider.\n(2) The operator of an intelligent access program vehicle is taken to\ncomply with subsection (1) if the operator—\n(a) gives the intelligent access program vehicle’s driver a notice\nstating the information mentioned in the subsection, including,\nfor example, by placing it in the vehicle’s driving cabin in a\nclearly visible position; or\n(b) includes the information mentioned in the subsection in a\nwritten contract of employment between the operator and the\nintelligent access program vehicle’s driver.\n(3) The national regulations may prescribe—\n(a) a form of notice that may be used under subsection (2)(a); and\n(b) for the purposes of subsection (2)(b), a standard form of words\nthat may be used as part of a written contract of employment.\n\nDuties and obligations of operators of intelligent access program vehicles Part 7.2\n","sortOrder":357},{"sectionNumber":"406","sectionType":"section","heading":"Reporting system malfunctions to Regulator","content":"406 Reporting system malfunctions to Regulator\n(1) If an operator of an intelligent access program vehicle becomes aware\nthat a part of an approved intelligent transport system fitted to the\nvehicle is malfunctioning or has malfunctioned, the operator must as\nsoon as practicable report the matter to the Regulator in person or by\n(2) The operator must keep, for at least 4 years, a written record of a\nreport of a malfunction under subsection (1), containing the following\nparticulars—\n(a) the type of malfunction to which the report relates;\n(b) the date and time the operator became aware of the malfunction;\n(c) the location of the vehicle when the operator became aware of\nthe malfunction;\n(d) the date and time the report was made;\n(e) the location of the vehicle when the report was made;\n(f) the way, in person or by radio, telephone, fax or email, that the\nreport was made;\n(g) the name of the operator or, if someone else made the report on\nbehalf of the operator, the name of the person who made the\nreport;\n(h) the name of the individual to whom the report was made.\n\n","sortOrder":358},{"sectionNumber":"407","sectionType":"section","heading":"Advising driver of driver’s obligations about reporting","content":"407 Advising driver of driver’s obligations about reporting\nsystem malfunctions\n(1) The operator of an intelligent access program vehicle, before the\nvehicle begins a journey, must, unless the operator has a reasonable\nexcuse, ensure the vehicle’s driver is told—\n(a) about the vehicle driver’s obligation under section 408; and\n(b) how the vehicle’s driver can make the reports required by that\nobligation.\n(2) The operator of an intelligent access program vehicle is taken to\ncomply with subsection (1) if the operator—\n(a) gives the vehicle’s driver a notice stating the information\nmentioned in the subsection, including, for example, by placing\nit in the vehicle’s driving cabin in a clearly visible position; or\n(b) includes the information mentioned in the subsection in a\nwritten contract of employment between the operator and the\nvehicle’s driver.\n(3) The national regulations may prescribe—\n(a) a form of notice that may be used under subsection (2)(a); and\n(b) for the purposes of subsection (2)(b), a standard form of words\nthat may be used as part of a written contract of employment.\n\nObligations of drivers of intelligent access program vehicles Part 7.3\nPart 7.3 Obligations of drivers of\n","sortOrder":359},{"sectionNumber":"408","sectionType":"section","heading":"Reporting system malfunctions to operator","content":"408 Reporting system malfunctions to operator\n(1) If the driver of an intelligent access program vehicle becomes aware\nthat a part of an approved intelligent transport system fitted to the\nvehicle is malfunctioning or has malfunctioned, the driver must as\nsoon as practicable report the malfunction to the vehicle’s operator in\nperson or by radio, telephone, fax or email.\n(2) The driver must keep, for at least 4 years, a written record of a report\nof a malfunction under subsection (1), containing the following\nparticulars—\n(a) the type of malfunction to which the report relates;\n(b) the date and time the driver became aware of the malfunction;\n(c) the location of the vehicle when the driver became aware of the\nmalfunction;\n(d) the date and time the report was made;\n(e) the location of the vehicle when the report was made;\n(f) the way, in person or by radio, telephone, fax or email, that the\nreport was made;\n(g) the driver’s name;\n(h) the name of the individual to whom the report was made.\n\nPart 7.3 Obligations of drivers of intelligent access program vehicles\n(3) Subsection (1) does not apply to the driver of a heavy vehicle in\nrelation to a malfunction of a part of an approved intelligent transport\nsystem if another driver of the vehicle has complied with the\nsubsection in relation to the malfunction.\n\nPart 7.4 Powers, duties and obligations of\nservice providers\n","sortOrder":360},{"sectionNumber":"409","sectionType":"section","heading":"Powers to collect and hold intelligent access program","content":"409 Powers to collect and hold intelligent access program\nAn intelligent access program service provider may collect and hold\nintelligent access program information for monitoring the relevant\nmonitoring matters for an intelligent access program vehicle.\n","sortOrder":361},{"sectionNumber":"410","sectionType":"section","heading":"Collecting intelligent access program information","content":"410 Collecting intelligent access program information\n(1) An intelligent access program service provider must ensure, so far as\nis reasonably practicable, the intelligent access program information\nthe service provider collects—\n(2) An intelligent access program service provider must ensure, so far as\nis reasonably practicable, the collection of intelligent access program\ninformation by the service provider does not intrude to an\nunreasonable extent on the personal privacy of any individual to\nwhom the information relates.\n\n","sortOrder":362},{"sectionNumber":"411","sectionType":"section","heading":"Keeping records of intelligent access program","content":"411 Keeping records of intelligent access program\ninformation collected\n(1) An intelligent access program service provider must keep, in a way\ncomplying with subsection (2), records of the intelligent access\nprogram information collected by the service provider.\n(2) Records kept under subsection (1) must be organised in a way that\nallows the records to be conveniently and properly audited by an\nintelligent access program auditor.\n","sortOrder":363},{"sectionNumber":"412","sectionType":"section","heading":"Protecting intelligent access program information","content":"412 Protecting intelligent access program information\nAn intelligent access program service provider must ensure, so far as\nis reasonably practicable, intelligent access program information\ncollected by the service provider is protected against unauthorised\naccess, unauthorised use, misuse, loss, modification or unauthorised\ndisclosure.\n","sortOrder":364},{"sectionNumber":"413","sectionType":"section","heading":"Making individuals aware of personal information held","content":"413 Making individuals aware of personal information held\n(1) An intelligent access program service provider must prepare, and\nmake publicly available, a document setting out the service provider’s\npolicies on the management of personal information held by the\nservice provider.\nExamples of how a document is made publicly available—\n• making a document available at the service provider’s office\n• making a document available on the service provider’s website\n\n(2) If asked by an individual about whom an intelligent access program\nservice provider holds personal information, the service provider\nmust, within 28 days after receiving the request, give the individual\nthe following information if the service provider can reasonably give\nthe information—\n(a) the kind of information the service provider holds about the\nindividual;\n(c) the way in which the service provider collects, holds, uses and\ndiscloses the information;\n(d) the entities to whom the information may be disclosed;\n(e) that, under this Chapter, the individual has rights of access to the\n(f) how the rights mentioned in paragraph (e) can be exercised.\n(3) Subsection (2) does not require an intelligent access program service\nprovider to inform an individual that a report under section 422 or\n423 exists or has been made.\n","sortOrder":365},{"sectionNumber":"414","sectionType":"section","heading":"Giving individuals access to their personal information","content":"414 Giving individuals access to their personal information\n(1) An intelligent access program service provider must, if asked by an\nindividual about whom the service provider holds personal\ninformation, give the individual access to the information as soon as\npracticable and without cost.\n(2) Subsection (1) does not require an intelligent access program service\nprovider to give an individual access to a report made under\nsection 422 or 423 or information showing that a report of that kind\nexists or has been made.\n\n","sortOrder":366},{"sectionNumber":"415","sectionType":"section","heading":"Correcting errors etc.","content":"415 Correcting errors etc.\n(1) This section applies if an individual about whom an intelligent access\nprogram service provider holds personal information asks the service\nprovider to make a particular change to the personal information.\n(2) The intelligent access program service provider must make the\nchange if the service provider is satisfied the change is appropriate to\nensure the personal information is accurate, complete and up to date.\n(3) If the intelligent access program service provider is not satisfied as\nmentioned in subsection (2), the service provider may refuse to\ncomply with the request.\n(4) If, under subsection (3), an intelligent access program service\nprovider refuses to comply with an individual’s request under\nsubsection (1), the service provider must—\n(a) give the individual a notice stating—\n(i) the service provider’s reasons for refusing; and\n(ii) that the individual may ask the service provider to attach to\nor include with the personal information the individual’s\nrequest or a record of it; and\n(b) if asked by the individual, attach to or include with the personal\ninformation the request or a record of the request.\n","sortOrder":367},{"sectionNumber":"416","sectionType":"section","heading":"General restriction on use and disclosure of intelligent","content":"416 General restriction on use and disclosure of intelligent\nAn intelligent access program service provider must not use or\ndisclose intelligent access program information other than as required\nor authorised under this Law or another law.\n\n","sortOrder":368},{"sectionNumber":"417","sectionType":"section","heading":"Giving intelligent access program auditor access to","content":"417 Giving intelligent access program auditor access to\nAn intelligent access program service provider must give an\nintelligent access program auditor access to a record kept by the\nservice provider for the purposes of this Chapter.\n","sortOrder":369},{"sectionNumber":"418","sectionType":"section","heading":"Powers to use and disclose intelligent access program","content":"418 Powers to use and disclose intelligent access program\n(1) An intelligent access program service provider may use intelligent\naccess program information for monitoring the relevant monitoring\nmatters for an intelligent access program vehicle.\n(2) An intelligent access program service provider may disclose\nintelligent access program information to the Regulator for\ncompliance purposes.\n(3) An intelligent access program service provider may disclose\nintelligent access program information to—\n(a) an authorised officer, other than a police officer, for law\nenforcement purposes if so authorised by a warrant issued under\n(b) an authorised officer who is a police officer, for law\nenforcement purposes if so authorised by a warrant issued under\nthis Law or another law.\n(4) If an intelligent access program service provider discloses intelligent\naccess program information to an authorised officer or a police officer\nunder this section, the officer must not use the information, or\ndisclose it to any other person, unless—\n(a) the officer believes the use or disclosure is reasonably necessary\nfor law enforcement purposes; or\n\n(b) the use or disclosure is otherwise authorised under this Law or\nany other law.\n(5) An intelligent access program service provider may disclose\nintelligent access program information about an operator of an\nintelligent access program vehicle to the operator.\n(6) Subsection (5) does not apply to the following—\n(a) a noncompliance report about an intelligent access program\nvehicle operated by the operator;\n(b) information that a noncompliance report has been made about\nan intelligent access program vehicle operated by the operator;\n(c) information disclosed under the authority of a warrant as\nreferred to in subsection (3).\n(7) An intelligent access program service provider may, with the written\nconsent of an operator of an intelligent access program vehicle,\ndisclose intelligent access program information about the operator to\na person other than the operator for any purpose if the information—\n(a) does not identify any individual other than the operator; and\n(b) contains nothing by which the identity of any individual, other\nthan the operator, can reasonably be found out.\n(8) An intelligent access program service provider may use or disclose\nintelligent access program information that is personal information\nwith the written consent of the individual to whom the personal\ninformation relates.\n(9) This section is subject to section 424.\n\n","sortOrder":370},{"sectionNumber":"419","sectionType":"section","heading":"Keeping record of use or disclosure of intelligent access","content":"419 Keeping record of use or disclosure of intelligent access\n(1) If an intelligent access program service provider uses or discloses\nintelligent access program information, the service provider must,\nwithin 7 days after the use or disclosure, make a record of the use or\ndisclosure that—\n(b) is in a form that ensures the record is readily accessible by an\nintelligent access program auditor at the place where it is kept.\n(a) the intelligent access program service provider’s name or, if\nsomeone else used or disclosed the intelligent access program\ninformation on behalf of the service provider, the name of the\nperson who used or disclosed the intelligent access program\ninformation;\nbehalf of the intelligent access program service provider, a brief\ndescription of how the information was used;\non behalf of the intelligent access program service provider, the\nentity to whom the information was disclosed;\n(e) the provision of this Law or another law the intelligent access\nprogram service provider believes authorises the use or\ndisclosure;\n(f) if the use or disclosure is authorised only under a particular\n\n(3) An intelligent access program service provider must keep a record\nmade under this section for at least 2 years.\n","sortOrder":371},{"sectionNumber":"420","sectionType":"section","heading":"Keeping noncompliance report etc.","content":"420 Keeping noncompliance report etc.\n(1) This section applies if a noncompliance report is made by an\napproved intelligent transport system operated by an intelligent\naccess program service provider.\n(2) The intelligent access program service provider must keep the\nfollowing for at least 4 years after the noncompliance report is\nmade—\n(a) a copy of the report;\n(b) the information relied on to make the report.\nExample of information that could be relied on to make a noncompliance\nreport—\nGPS information about a vehicle’s position at a particular time\n","sortOrder":372},{"sectionNumber":"421","sectionType":"section","heading":"Destroying intelligent access program information etc.","content":"421 Destroying intelligent access program information etc.\n(1) An intelligent access program service provider must ensure, so far as\nis reasonably practicable—\n(a) intelligent access program information collected by the service\nprovider is destroyed 1 year after the information is collected;\nand\n(b) a record that the service provider is required to keep under\nsection 419 is destroyed within 1 year after the service provider\nis no longer required to keep the record under that section.\n\n(2) This section does not apply to a noncompliance report or information\nthe intelligent access program service provider is required to keep\nunder section 420.\n","sortOrder":373},{"sectionNumber":"422","sectionType":"section","heading":"Reporting relevant contraventions to Regulator","content":"422 Reporting relevant contraventions to Regulator\n(1) This section applies if an intelligent access program service provider\nknows of a relevant contravention for an intelligent access program\n(2) The intelligent access program service provider must, within 7 days,\ngive the Regulator a report about the relevant contravention in the\napproved form.\n(3) For the purposes of subsection (1), an intelligent access program\nservice provider is taken to know of a relevant contravention for an\nintelligent access program vehicle if the service provider’s approved\nintelligent transport system has detected the contravention.\n","sortOrder":374},{"sectionNumber":"423","sectionType":"section","heading":"Reporting tampering or suspected tampering with","content":"423 Reporting tampering or suspected tampering with\napproved intelligent transport system\n(1) If an intelligent access program service provider knows, or has\nsystem has been tampered with, the service provider must report the\nmatter to the Regulator—\n(a) within 7 days; and\n\n(2) If an intelligent access program service provider knows, or has\nreasonable grounds to suspect, a back-office intelligent transport\nsystem has been tampered with, the service provider must report the\nmatter to TCA—\n(a) within 7 days; and\n(3) For the purposes of subsections (1) and (2), an intelligent access\nprogram service provider does not know, or have reasonable grounds\nto suspect, an approved intelligent transport system or back-office\nintelligent transport system has been tampered with merely because\nthe service provider has—\nback-office intelligent transport system means that part of an\napproved intelligent transport system that is not fitted, and is not\nintended to be fitted, to an intelligent access program vehicle.\n\n","sortOrder":375},{"sectionNumber":"424","sectionType":"section","heading":"Restriction on disclosing information about tampering or","content":"424 Restriction on disclosing information about tampering or\n(1) If an intelligent access program service provider knows, or has\nsystem has been tampered with, the service provider must not disclose\nto any entity (other than the Regulator and TCA) the following—\n(a) information that the service provider has that knowledge or\nsuspicion;\nservice provider has that knowledge or suspicion.\n(2) For the purposes of subsection (1), an intelligent access program\nservice provider does not know, or have reasonable grounds to\nsuspect, an approved intelligent transport system has been tampered\nwith merely because the service provider has—\n(3) If an intelligent access program service provider has made a report to\nthe Regulator under section 423 (1) of apparent or suspected\ntampering, the service provider must not disclose to any entity (other\nthan the Regulator) the following—\nservice provider has made the report.\n\n(4) If an intelligent access program service provider has made a report to\nTCA under section 423(2) of apparent or suspected tampering, the\nservice provider must not disclose to any entity (other than the\nRegulator and TCA) the following—\nservice provider has made the report.\n(5) Subsection (1), (3) or (4) does not apply if the disclosure of the\n\nPart 7.5 Functions, powers, duties and\nobligations of TCA\n","sortOrder":376},{"sectionNumber":"425","sectionType":"section","heading":"Functions of TCA","content":"425 Functions of TCA\n(1) TCA has the following functions for the purposes of this Chapter—\n(a) approving, and cancelling the approval of, intelligent transport\nsystems for use by intelligent access program service providers\nto monitor the relevant monitoring matters for an intelligent\naccess program vehicle;\n(b) managing the certification and audit regime for the Intelligent\nAccess Program;\n(c) certifying and auditing, and cancelling the certification of,\nintelligent access program service providers;\n(d) engaging individuals, consultants and contractors to assist TCA\nin the exercise of its auditing activities.\n(2) An approval, certification or engagement under subsection (1) may\nbe given or made unconditionally or subject to stated conditions\nimposed or varied from time to time.\n","sortOrder":377},{"sectionNumber":"426","sectionType":"section","heading":"Powers to collect and hold intelligent access program","content":"426 Powers to collect and hold intelligent access program\nTCA may collect and hold intelligent access program information—\n(a) for the exercise of its functions mentioned in section 425; or\n(b) for law enforcement purposes.\n\n","sortOrder":378},{"sectionNumber":"427","sectionType":"section","heading":"Collecting intelligent access program information","content":"427 Collecting intelligent access program information\n(1) TCA must ensure, so far as is reasonably practicable, the intelligent\naccess program information it collects—\n(2) TCA must ensure, so far as is reasonably practicable, the collection\nof intelligent access program information by it does not intrude to an\nunreasonable extent on the personal privacy of any individual to\nwhom the information relates.\n","sortOrder":379},{"sectionNumber":"428","sectionType":"section","heading":"Protecting intelligent access program information","content":"428 Protecting intelligent access program information\ncollected\nTCA must ensure, so far as is reasonably practicable, intelligent\naccess program information collected by TCA is protected against\nunauthorised access, unauthorised use, misuse, loss, modification or\nunauthorised disclosure.\n","sortOrder":380},{"sectionNumber":"429","sectionType":"section","heading":"Making individuals aware of personal information held","content":"429 Making individuals aware of personal information held\n(1) TCA must prepare, and make publicly available, a document setting\nout its policies on the management of personal information held by it.\nExamples of how a document is made publicly available—\n• making a document available at TCA’s office\n• making a document available on TCA’s website\n\n(2) If asked by an individual about whom TCA holds personal\ninformation, TCA must, within 28 days after receiving the request,\ngive the individual the following information if it can reasonably give\nthe information—\n(a) the kind of information it holds about the individual;\n(c) the way in which it collects, holds, uses and discloses the\ninformation;\n(d) the entities to whom the information may be disclosed;\n(e) that, under this Chapter, the individual has rights of access to the\n(f) how the rights mentioned in paragraph (e) can be exercised.\n(3) Subsection (2) does not require TCA to inform an individual that a\nreport under section 422, 423, 438, 451 or 452 exists or has been\nmade.\n","sortOrder":381},{"sectionNumber":"430","sectionType":"section","heading":"Giving individuals access to their personal information","content":"430 Giving individuals access to their personal information\n(1) TCA must, if asked by an individual about whom TCA holds personal\ninformation, give the individual access to the information as soon as\npracticable and without cost.\n(2) Subsection (1) does not require TCA to give an individual access to a\nreport made under section 422, 423, 438, 451 or 452 or information\nshowing that a report of that kind exists or has been made.\n\n","sortOrder":382},{"sectionNumber":"431","sectionType":"section","heading":"Correcting errors etc.","content":"431 Correcting errors etc.\n(1) This section applies if an individual about whom TCA holds personal\ninformation asks TCA to make a particular change to the personal\n(2) TCA must make the change if it is satisfied the change is appropriate\nto ensure the personal information is accurate, complete and up to\ndate.\n(3) If TCA is not satisfied as mentioned in subsection (2), it may refuse\nto comply with the request.\n(4) If TCA refuses, under subsection (3), to comply with an individual’s\nrequest, it must give the individual a notice stating—\n(a) TCA’s reasons for refusing; and\n(b) that the individual may ask TCA to attach to or include with the\npersonal information the individual’s request or a record of it.\n(5) If an individual referred to in subsection (4) asks TCA to do so, it\nmust attach to or include with the personal information the request or\na record of the request.\n","sortOrder":383},{"sectionNumber":"432","sectionType":"section","heading":"General restriction on use and disclosure of intelligent","content":"432 General restriction on use and disclosure of intelligent\nTCA must not use or disclose intelligent access program information\nother than as required or authorised under this Law or another law.\n\n","sortOrder":384},{"sectionNumber":"433","sectionType":"section","heading":"Powers to use and disclose intelligent access program","content":"433 Powers to use and disclose intelligent access program\n(1) TCA may use or disclose intelligent access program information—\n(a) for the exercise of its functions mentioned in section 425; or\n(b) for law enforcement purposes.\n(2) TCA may disclose intelligent access program information to the\nRegulator if it is satisfied the information is relevant to the\nRegulator’s functions under this Law.\n(3) TCA may disclose intelligent access program information to an\nintelligent access program auditor if it is satisfied the information is\nrelevant to an intelligent access program audit the auditor is\nconducting.\n(4) TCA may disclose intelligent access program information relating to\na particular operator of an intelligent access program vehicle to the\noperator.\n(5) TCA may, with the written consent of an operator of an intelligent\naccess program vehicle, disclose intelligent access program\ninformation about the operator to a person other than the operator for\nany purpose if the information—\n(a) does not identify any individual other than the operator; and\n(b) contains nothing by which the identity of any individual, other\nthan the operator, can reasonably be found out.\n(6) TCA may use or disclose intelligent access program information for\nresearch purposes if the information contains no personal\n(7) TCA may use or disclose intelligent access program information that\nis personal information with the written consent of the individual to\nwhom the personal information relates.\n(8) This section is subject to section 439.\n\n","sortOrder":385},{"sectionNumber":"434","sectionType":"section","heading":"Restriction about intelligent access program information","content":"434 Restriction about intelligent access program information\nthat may be used or disclosed\nTCA must not use or disclose intelligent access program information\nunless TCA is reasonably satisfied, having regard to the purpose for\nwhich the information is to be used or disclosed, the information is\naccurate, complete and up to date.\n","sortOrder":386},{"sectionNumber":"435","sectionType":"section","heading":"Keeping record of use or disclosure of intelligent access","content":"435 Keeping record of use or disclosure of intelligent access\n(1) If TCA uses or discloses intelligent access program information, TCA\nmust, within 7 days after the use or disclosure, make a record of the\nuse or disclosure that—\n(b) is in a form that ensures the record is readily accessible by\nan authorised officer at the place where it is kept.\n(a) the name of the person who used or disclosed the intelligent\naccess program information on behalf of TCA;\nbehalf of TCA, a brief description of how the information was\nused;\non behalf of TCA, the entity to whom the information was\ndisclosed;\n(e) the provision of this Law or another law TCA believes\nauthorises the use or disclosure;\n\n(f) if the use or disclosure is authorised only with a particular\n(3) TCA must keep a record made under this section for at least 2 years.\n","sortOrder":387},{"sectionNumber":"436","sectionType":"section","heading":"Keeping noncompliance reports","content":"436 Keeping noncompliance reports\nTCA must keep any noncompliance report received by it for at least\n4 years after its receipt.\n","sortOrder":388},{"sectionNumber":"437","sectionType":"section","heading":"Destroying intelligent access program information or","content":"437 Destroying intelligent access program information or\nremoving personal information from it\n(1) TCA must ensure, so far as is reasonably practicable, intelligent\naccess program information collected by TCA is destroyed—\n(a) generally—1 year after the information is collected; or\n(b) if, at the end of that 1 year, the information is required for law\nenforcement purposes—as soon as practicable after the\ninformation is no longer required for law enforcement purposes.\n(2) TCA is taken to have complied with subsection (1) for intelligent\naccess program information if it permanently removes anything by\nwhich an individual can be identified from the information.\n(3) This section does not apply to a noncompliance report TCA is\nrequired to keep under section 436.\n\n","sortOrder":389},{"sectionNumber":"438","sectionType":"section","heading":"Reporting tampering or suspected tampering with, or","content":"438 Reporting tampering or suspected tampering with, or\nmalfunction or suspected malfunction of, approved\nintelligent transport system to Regulator\n(1) If TCA knows, or has reasonable grounds to suspect, an approved\nintelligent transport system has been tampered with or has\nmalfunctioned, TCA must report the matter to the Regulator within 7\ndays.\n(2) For the purposes of subsection (1), TCA does not know, or have\nsystem has been tampered with or has malfunctioned merely because\nit has—\nnoncompliance report) indicating that apparent tampering with,\nor malfunctioning of, the system has been detected\nelectronically; or\n","sortOrder":390},{"sectionNumber":"439","sectionType":"section","heading":"Restriction on disclosing information about tampering or","content":"439 Restriction on disclosing information about tampering or\n(1) If TCA knows, or has reasonable grounds to suspect, an approved\nintelligent transport system has been tampered with, TCA must not\ndisclose the following to any entity other than the Regulator—\n(a) information that TCA has that knowledge or suspicion;\n(b) information from which it could reasonably be inferred that\nTCA has that knowledge or suspicion.\n\n(2) For the purposes of subsection (1), TCA does not know or have\nreasonable grounds to suspect an approved intelligent transport\nsystem has been tampered with merely because it has—\n(3) If TCA has made a report of apparent or suspected tampering to the\nRegulator under section 438, TCA must not disclose to any entity\nother than the Regulator the following—\n(b) information from which it could reasonably be inferred that\nTCA has made the report.\n(4) Subsection (1) or (3) does not apply if the disclosure of the\n\nPart 7.6 Powers, duties and obligations of\nauditors\n","sortOrder":391},{"sectionNumber":"440","sectionType":"section","heading":"Powers to collect and hold intelligent access program","content":"440 Powers to collect and hold intelligent access program\nAn intelligent access program auditor may collect and hold intelligent\naccess program information for conducting an intelligent access\nprogram audit.\n","sortOrder":392},{"sectionNumber":"441","sectionType":"section","heading":"Collecting intelligent access program information","content":"441 Collecting intelligent access program information\n(1) An intelligent access program auditor must ensure, so far as is\nreasonably practicable, intelligent access program information the\nauditor collects—\n(2) An intelligent access program auditor must ensure, so far as is\nreasonably practicable, the collection of intelligent access program\ninformation by the auditor does not intrude to an unreasonable extent\non the personal privacy of any individual to whom the information\n\n","sortOrder":393},{"sectionNumber":"442","sectionType":"section","heading":"Protecting intelligent access program information","content":"442 Protecting intelligent access program information\ncollected\nAn intelligent access program auditor must ensure, so far as is\nreasonably practicable, intelligent access program information\ncollected by the auditor is protected against unauthorised access,\nunauthorised use, misuse, loss, modification or unauthorised\ndisclosure.\n","sortOrder":394},{"sectionNumber":"443","sectionType":"section","heading":"Making individuals aware of personal information held","content":"443 Making individuals aware of personal information held\n(1) If asked by an individual about whom an intelligent access program\nauditor holds personal information, the auditor must, within 28 days\nafter receiving the request, give the individual the following\ninformation if the auditor can reasonably give the information—\n(a) the kind of information the auditor holds about the individual;\n(c) the entities to whom the information may be disclosed;\n(d) that, under this Chapter, the individual has rights of access to the\n(e) how the rights mentioned in paragraph (d) can be exercised.\n(2) Subsection (1) does not require an intelligent access program auditor\nto inform an individual that a report under section 422, 423, 438, 451\nor 452 exists or has been made.\n\n","sortOrder":395},{"sectionNumber":"444","sectionType":"section","heading":"Giving individuals access to their personal information","content":"444 Giving individuals access to their personal information\n(1) An intelligent access program auditor must, if asked by an individual\nabout whom the auditor holds personal information, give the\nindividual access to the information as soon as practicable and\nwithout cost.\n(2) Subsection (1) does not require an intelligent access program auditor\nto give an individual access to a report made under section 422, 423,\n438, 451 or 452.\n","sortOrder":396},{"sectionNumber":"445","sectionType":"section","heading":"Correcting errors etc.","content":"445 Correcting errors etc.\n(1) This section applies if an individual about whom an intelligent access\nprogram auditor holds personal information asks the auditor to make\na particular change to the personal information.\n(2) The intelligent access program auditor must make the change if the\nauditor is satisfied the change is appropriate to ensure the personal\ninformation is accurate, complete and up to date.\n(3) If the intelligent access program auditor is not satisfied as mentioned\nin subsection (2), the auditor may refuse to comply with the request.\n(4) If, under subsection (3), an intelligent access program auditor refuses\nto comply with an individual’s request, the auditor must—\n(a) give the individual a notice stating—\n(i) the auditor’s reasons for refusing; and\n(ii) that the individual may ask the auditor to attach to or\ninclude with the personal information the individual’s\nrequest or a record of it; and\n\n(b) if asked by the individual, attach to or include with the personal\ninformation the request or a record of the request.\n","sortOrder":397},{"sectionNumber":"446","sectionType":"section","heading":"General restriction on use and disclosure of intelligent","content":"446 General restriction on use and disclosure of intelligent\nAn intelligent access program auditor must not use or disclose\nintelligent access program information other than as required or\nauthorised under this Law or another law.\n","sortOrder":398},{"sectionNumber":"447","sectionType":"section","heading":"Powers to use and disclose intelligent access program","content":"447 Powers to use and disclose intelligent access program\n(1) An intelligent access program auditor may use and disclose intelligent\naccess program information for—\n(a) conducting an intelligent access program audit; or\n(b) reporting, to TCA, any of the following—\n(i) a relevant contravention for an intelligent access program\n(ii) tampering or suspected tampering with an approved\nintelligent transport system by an operator of an intelligent\naccess program vehicle;\n(iii) tampering or suspected tampering with an approved\nintelligent transport system by an intelligent access\n(iv) a failure by an intelligent access program service provider\nto comply with the service provider’s obligations under\nthis Chapter.\n\n(2) An intelligent access program auditor may disclose intelligent access\nprogram information to the Regulator if the auditor is reasonably\nsatisfied the information is relevant to the Regulator’s functions under\n(3) An intelligent access program auditor may disclose intelligent access\nprogram information to TCA if the auditor is reasonably satisfied the\ninformation is relevant to TCA’s functions under this Chapter.\n(4) An intelligent access program auditor may disclose intelligent access\nprogram information relating to a particular operator of an intelligent\naccess program vehicle to the operator.\n(5) An intelligent access program auditor may use and disclose intelligent\naccess program information that is personal information with the\nwritten consent of the individual to whom the personal information\n(6) This section is subject to section 453.\n","sortOrder":399},{"sectionNumber":"448","sectionType":"section","heading":"Restriction about intelligent access program information","content":"448 Restriction about intelligent access program information\nthat may be used or disclosed\nAn intelligent access program auditor must not use or disclose\nintelligent access program information unless the auditor is\nreasonably satisfied, having regard to the purpose for which the\ninformation is to be used or disclosed, the information is accurate,\ncomplete and up to date.\n","sortOrder":400},{"sectionNumber":"449","sectionType":"section","heading":"Keeping record of use or disclosure of intelligent access","content":"449 Keeping record of use or disclosure of intelligent access\n(1) If an intelligent access program auditor uses or discloses intelligent\naccess program information, the auditor must, within 7 days after the\nuse or disclosure, make a record of the use or disclosure that—\n\n(b) is in a form that ensures the record is readily accessible by\nan authorised officer at the place where it is kept.\n(a) the intelligent access program auditor’s name or, if someone else\nused or disclosed the intelligent access program information on\nbehalf of the auditor, the name of the person who used or\ndisclosed the intelligent access program information;\nbehalf of the auditor, a brief description of how the information\nwas used;\non behalf of the auditor, the entity to whom the information was\ndisclosed;\n(e) the provision of this Law or another law the auditor believes\nauthorises the use or disclosure;\n(f) if the use or disclosure is authorised only under a particular\n(3) An intelligent access program auditor must keep a record made under\nthis section for at least 2 years.\n\n","sortOrder":401},{"sectionNumber":"450","sectionType":"section","heading":"Destroying intelligent access program information or","content":"450 Destroying intelligent access program information or\nremoving personal information from it\n(1) An intelligent access program auditor must ensure, so far as is\nreasonably practicable, intelligent access program information held\nby the auditor is destroyed as soon as practicable after the information\nis no longer needed for an intelligent access program audit conducted\nby the auditor.\n(2) An intelligent access program auditor is taken to have complied with\nsubsection (1) for intelligent access program information if the\nauditor permanently removes anything by which an individual can be\nidentified from the information.\n","sortOrder":402},{"sectionNumber":"451","sectionType":"section","heading":"Reporting contraventions by intelligent access program","content":"451 Reporting contraventions by intelligent access program\nservice providers to TCA\nIf an intelligent access program auditor knows, or has reasonable\ngrounds to suspect, an intelligent access program service provider has\ncontravened an obligation under this Chapter, the auditor must, as\nsoon as practicable, report the matter to TCA.\n","sortOrder":403},{"sectionNumber":"452","sectionType":"section","heading":"Reporting tampering or suspected tampering with","content":"452 Reporting tampering or suspected tampering with\napproved intelligent transport system to Regulator or\nTCA\nIf an intelligent access program auditor knows, or has reasonable\ngrounds to suspect, an approved intelligent transport system has been\ntampered with, the auditor must, as soon as practicable, report the\nmatter—\n(a) for tampering or suspected tampering by an operator of an\nintelligent access program vehicle—to the Regulator; or\n\n(b) for tampering or suspected tampering by an intelligent access\nprogram service provider—to TCA.\n","sortOrder":404},{"sectionNumber":"453","sectionType":"section","heading":"Restriction on disclosing information about tampering or","content":"453 Restriction on disclosing information about tampering or\n(1) If an intelligent access program auditor knows, or has reasonable\ngrounds to suspect, an approved intelligent transport system has been\ntampered with, the auditor must not disclose the following to any\nentity other than the Regulator or TCA—\n(a) information that the auditor has that knowledge or suspicion;\nauditor has that knowledge or suspicion.\n(2) If an intelligent access program auditor has made a report to the\nRegulator or TCA under section 452 of apparent or suspected\ntampering, the auditor must not disclose the following to any entity\nother than the Regulator or TCA—\nauditor has made the report.\n(3) Subsection (1) or (2) does not apply if the disclosure of the\n\n","sortOrder":405},{"sectionNumber":"454","sectionType":"section","heading":"Offence to tamper with approved intelligent transport","content":"454 Offence to tamper with approved intelligent transport\n(a) the person tampers with an approved intelligent transport\n(b) the person does so with the intention of causing the system to—\n(i) fail to generate, record, store, display, analyse, transmit or\nreport intelligent access program information; or\n(ii) fail to generate, record, store, display, analyse, transmit or\nreport intelligent access program information correctly.\n(2) A person commits an offence if—\n(a) the person tampers with an approved intelligent transport\n(b) the person is negligent or reckless as to whether, as a result of\nthe tampering, the system may—\n(i) fail to generate, record, store, display, analyse, transmit or\nreport intelligent access program information; or\n(ii) fail to generate, record, store, display, analyse, transmit or\nreport intelligent access program information correctly.\n\nOther provisions Part 7.7\nfail—\n(a) means does not perform as intended in relation to accuracy,\ntimeliness, reliability, verifiability or any other performance\nrequirement or standard; and\n(b) includes fail permanently, fail temporarily, fail on a particular\noccasion and fail in particular circumstances.\n","sortOrder":406},{"sectionNumber":"455","sectionType":"section","heading":"Regulator may issue intelligent access program","content":"455 Regulator may issue intelligent access program\nidentifiers\n(1) The Regulator may issue a distinguishing number for an intelligent\naccess program vehicle that indicates the vehicle is an intelligent\naccess program vehicle (an intelligent access program identifier).\n(2) The intelligent access program identifier may consist of numbers or\nletters or a combination of numbers and letters.\n(3) If an intelligent access program identifier is, or becomes, known to\nan entity that has the ability to associate it with a particular individual,\nthe entity must treat the identifier as personal information for the\npurposes of this Chapter or a law relating to privacy.\n\n","sortOrder":407},{"sectionNumber":"456","sectionType":"section","heading":"Purpose of Ch 8","content":"456 Purpose of Ch 8\nThe purpose of accreditation under this Law is to allow operators of\nheavy vehicles who implement management systems that achieve the\nobjectives of particular aspects of this Law to be subject to alternative\nrequirements under this Law, in relation to the aspects, that are more\nsuited to the operators’ business operations.\n","sortOrder":408},{"sectionNumber":"457","sectionType":"section","heading":"Definitions for Ch 8","content":"457 Definitions for Ch 8\nAFM fatigue management system, for an operator of a fatigue-\nregulated heavy vehicle, means the operator’s management system\nfor ensuring compliance with the AFM standards and business rules,\nincluding by—\n(a) recording the name, current driver licence number and contact\ndetails of each driver who is currently operating under the\noperator’s AFM accreditation; and\n(b) ensuring each of the drivers is in a fit state—\n(i) to safely perform required duties; and\n(ii) to meet any specified medical requirements; and\n(c) ensuring each of the drivers—\n(ii) has been informed of the AFM hours applying under the\noperator’s AFM accreditation; and\n\nPreliminary Part 8.1\n(d) ensuring anyone employed in the operator’s business, who has\nresponsibilities relating to scheduling or managing the fatigue of\nthe drivers—\n(ii) has been informed of the AFM hours applying under the\noperator’s AFM accreditation.\nAFM standards and business rules means the standards and business\nrules for advanced fatigue management approved by the responsible\nA copy of the AFM standards and business rules is published on the\napproved, by the responsible Ministers, means approved by the\nresponsible Ministers under section 654.\napproved auditor means an auditor of a class approved by the\nDetails of the approved classes are published on the Regulator’s website.\nBFM fatigue management system, for an operator of a fatigue-\nregulated heavy vehicle, means the operator’s management system\nfor ensuring compliance with the BFM standards and business rules,\nincluding by—\n(a) recording the name, current driver licence number and contact\ndetails of each driver who is currently operating under the\noperator’s BFM accreditation; and\n(b) ensuring each of the drivers is in a fit state—\n(i) to safely perform required duties; and\n(ii) to meet any specified medical requirements; and\n\n(c) ensuring each of the drivers—\n(ii) has been informed of the BFM hours; and\n(d) ensuring anyone employed in the operator’s business, who has\nresponsibilities relating to scheduling or managing the fatigue of\nthe drivers—\n(ii) has been informed of the BFM hours.\nBFM standards and business rules means the standards and business\nrules for basic fatigue management approved by the responsible\nA copy of the BFM standards and business rules is published on the\nmaintenance management standards and business rules means the\nstandards and business rules for heavy vehicle maintenance\nmanagement approved by the responsible Ministers.\nA copy of the maintenance management standards and business rules is\npublished on the Regulator’s website.\nmaintenance management system, for an operator of a heavy\nvehicle, means the operator’s management system for ensuring\ncompliance with the maintenance management standards and\nbusiness rules, including by—\n(a) identifying each heavy vehicle currently being operated in\naccordance with the management system; and\n\nPreliminary Part 8.1\n(b) for each heavy vehicle being operated in accordance with the\nmanagement system, having measures for the following—\n(i) daily checks of the condition of the vehicle, and its\ncomponents and equipment, for each day on which the\nvehicle is driven on a road;\n(ii) recording and reporting vehicle faults;\n(iii) identifying, assessing and rectifying all identified faults;\n(iv) periodic maintenance of the vehicle; and\n(c) keeping records relating to the operation of the management\nmass management standards and business rules means the\nstandards and business rules for heavy vehicle mass management\napproved by the responsible Ministers.\nA copy of the mass management standards and business rules is published\non the Regulator’s website.\nmass management system, for an operator of a heavy vehicle, means\nthe operator’s management system for ensuring compliance with the\nmass management standards and business rules, including by—\n(a) identifying each heavy vehicle currently being operated in\naccordance with the management system; and\n(b) for each heavy vehicle being operated in accordance with the\nmanagement system, having measures for the following—\n(i) weighing or otherwise assessing the weight of the vehicle\nand its load before the vehicle starts a journey, or starts a\npart of a journey, after the load is increased;\n(ii) recording each measurement made under subparagraph (i)\nin a form that allows the record to be readily available for\ninspection by an approved auditor;\n\n(iii) ensuring the vehicle’s suspension system accords with the\nspecifications given by its manufacturer or a qualified\nmechanical engineer; and\n(c) keeping records relating to the operation of the management\nrelevant management system means—\n(a) for maintenance management accreditation—a maintenance\nmanagement system; or\n(b) for mass management accreditation—a mass management\nsystem; or\n(c) for BFM accreditation—a BFM fatigue management system; or\n(d) for AFM accreditation—an AFM fatigue management system.\nrelevant standards and business rules means—\n(a) for maintenance management accreditation—the maintenance\nmanagement standards and business rules; or\n(b) for mass management accreditation—the mass management\nstandards and business rules; or\n(c) for BFM accreditation—the BFM standards and business rules;\nor\n(d) for AFM accreditation—the AFM standards and business rules.\n\nPart 8.2 Grant of heavy vehicle\n458 Regulator’s power to grant heavy vehicle accreditation\nThe Regulator may grant heavy vehicle accreditation.\n459 Application for heavy vehicle accreditation\n(1) An operator of a heavy vehicle may apply to the Regulator for heavy\nvehicle accreditation under this Law.\n(b) accompanied by the following—\n(i) a statement by the applicant that the applicant has a\nrelevant management system for ensuring compliance with\nthe relevant standards and business rules;\n(ii) a statement from an approved auditor that the auditor\nconsiders the applicant’s relevant management system will\nensure compliance with the relevant standards and business\nrules;\n(iii) any other information required for the application under\nthe relevant standards and business rules;\n(iv) the prescribed fee for the application.\n\n(3) The application must also be accompanied by a declaration by the\napplicant, declared to be made after having exercised reasonable\ndiligence to find out the following information, of the applicant’s\nknowledge of that information—\n(a) whether, in the 5 years immediately before the application was\nmade, the applicant or an associate of the applicant has been\nconvicted of any of the following offences and, if so, details of\nthe conviction—\n(i) an offence against this Law or a previous corresponding\nlaw;\n(ii) an offence involving fraud or dishonesty punishable on\ncommitted in this jurisdiction or elsewhere;\n(b) whether the applicant or an associate of the applicant has had the\napplicant’s or associate’s accreditation under this Chapter or a\nprevious corresponding law, amended, suspended or cancelled\nunder this Chapter or that law and, if so, details of the\namendment, suspension or cancellation.\n(4) Subsection (3)(b) does not require the applicant to declare\ninformation about an amendment, suspension or cancellation of an\naccreditation that happened because of a conviction if the operator is\nnot required to declare the information about the conviction under\nsubsection (3)(a).\n(5) The Regulator may, by notice given to the applicant, require the\napplicant—\n(a) to give the Regulator any additional information the Regulator\nreasonably requires to decide the application; or\n(b) to verify by statutory declaration any information relating to the\napplication given to the Regulator.\n\n","sortOrder":409},{"sectionNumber":"460","sectionType":"section","heading":"Obtaining criminal history information about applicant","content":"460 Obtaining criminal history information about applicant\n(1) The Regulator may, by notice, ask an applicant for heavy vehicle\naccreditation under this Law for written consent for the Regulator to\nobtain the applicant’s prescribed criminal history.\n(2) If the applicant does not consent, or withdraws his or her consent, to\nthe Regulator obtaining the applicant’s prescribed criminal history,\nthe application is taken to have been withdrawn.\n(3) If the applicant gives written consent to the Regulator obtaining the\napplicant’s prescribed criminal history, the Regulator may ask a\npolice commissioner for a written report about the applicant’s\nprescribed criminal history.\n(4) The request may include the following—\n(a) the applicant’s name and any other name the Regulator believes\nthe applicant may use or may have used;\n(b) the applicant’s date and place of birth, gender and address.\n(5) The police commissioner must give the requested report to the\nprescribed criminal history, of an applicant for heavy vehicle\naccreditation under this Law, means information about each\nconviction of the applicant, within the 5 years immediately before the\napplication was made, of—\n(a) an offence against this Law or a previous corresponding law; or\n(b) an offence involving fraud or dishonesty punishable on\ncommitted in this jurisdiction or elsewhere.\n\n","sortOrder":410},{"sectionNumber":"461","sectionType":"section","heading":"Restriction on grant of heavy vehicle accreditation","content":"461 Restriction on grant of heavy vehicle accreditation\n(1) The Regulator may grant an applicant heavy vehicle accreditation\n(a) the applicant has in place a relevant management system for\noperations to be carried out under the accreditation; and\n(b) the applicant is able to comply with this Law, having regard to—\n(i) the information provided to the Regulator under this Part;\nand\n(ii) the matters to which the Regulator may or must have\nregard under subsection (4); and\n(c) the applicant is a suitable person to be granted the accreditation,\nhaving regard to—\n(i) the information provided to the Regulator under this Part;\nand\n(ii) the matters to which the Regulator may or must have\nregard under subsection (4); and\n(d) for AFM accreditation—\n(i) the driver fatigue management practices stated in the\napplicant’s AFM fatigue management system, together\nwith the maximum work times and minimum rest times\nthat are to apply to drivers operating under the\naccreditation would, if complied with, safely manage the\nrisk of driver fatigue; and\n(ii) the applicant and drivers operating under the accreditation\nare likely to follow the driver fatigue management\npractices consistently and effectively; and\n\n(iii) the drivers operating under the accreditation are likely to\ncomply with the maximum work times and minimum rest\ntimes that are to apply to the drivers under the\naccreditation.\n(2) In considering the maximum work times and minimum rest times that\nare to apply to drivers operating under an AFM accreditation, the\n(a) must be satisfied the maximum work times and minimum rest\ntimes appear to provide a safe balance between work, rest, risk\nmanagement and fatigue countermeasures; and\n(b) must not set maximum work times and minimum rest times the\nRegulator considers would be unsafe, having regard to the\napplicant’s AFM fatigue management system and any relevant\nbody of fatigue knowledge.\n(3) The Regulator may grant an AFM accreditation setting maximum\nwork times and minimum rest times different to the maximum work\ntimes and minimum rest times sought by the applicant.\n(4) In deciding an application for a heavy vehicle accreditation, the\n(a) may have regard to anything the Regulator considers relevant\nincluding—\n(i) the results of any audits carried out on the applicant’s\nrelevant management system; and\n(ii) for assessing an applicant’s AFM fatigue management\nsystem—any relevant body of fatigue knowledge; and\n(b) must have regard to the approved guidelines for granting heavy\nvehicle accreditations under this Law.\n\n","sortOrder":411},{"sectionNumber":"462","sectionType":"section","heading":"Conditions of heavy vehicle accreditation","content":"462 Conditions of heavy vehicle accreditation\n(1) A heavy vehicle accreditation granted under this Law is subject to the\ncondition that the operator who holds the accreditation must comply\nwith the relevant standards and business rules.\n(2) A heavy vehicle accreditation granted under this Law may be subject\nto any other conditions the Regulator considers appropriate,\nincluding, for example—\n(a) a condition that a named person can not operate under the\noperator’s accreditation for a stated period; and\n(b) a condition that a named employee or associate of the operator\ncan not be involved in the operator’s relevant management\nsystem at all or for a stated period; and\n(c) a condition requiring additional records to be kept, and audits to\nbe performed, to ensure practices (for example, driver fatigue\nmanagement practices) applying under the accreditation are\nfollowed consistently and effectively.\n","sortOrder":412},{"sectionNumber":"463","sectionType":"section","heading":"Period for which heavy vehicle accreditation applies","content":"463 Period for which heavy vehicle accreditation applies\n(1) A heavy vehicle accreditation granted under this Law applies for the\nperiod stated in the accreditation certificate for the accreditation.\nheavy vehicle accreditation.\n(3) The maximum period for which the Regulator may grant heavy\nvehicle accreditation is 3 years.\n\n","sortOrder":413},{"sectionNumber":"464","sectionType":"section","heading":"Accreditation certificate for heavy vehicle accreditation","content":"464 Accreditation certificate for heavy vehicle accreditation\netc.\n(1) If the Regulator grants a heavy vehicle accreditation under this Law\nto an operator of a heavy vehicle, the Regulator must give the\noperator—\n(a) an accreditation certificate in the approved form; and\n(b) if prescribed circumstances apply to the grant of the\naccreditation—an information notice for the prescribed\n(2) An accreditation certificate for a heavy vehicle accreditation must\nstate the following—\n(a) the name of the operator who has been granted the accreditation;\n(b) the number identifying the accreditation;\n(c) any conditions imposed on the accreditation by the Regulator;\n(d) for an AFM accreditation, the maximum work times and\nminimum rest times that apply to drivers of fatigue-regulated\nheavy vehicles operating under the accreditation;\n(e) the period for which the accreditation applies.\nprescribed circumstances, for a heavy vehicle accreditation, means\nthe Regulator has—\n(a) imposed a condition on the accreditation that was not sought by\nthe applicant for the accreditation; or\n(b) granted the accreditation for a period less than the period of not\nmore than 3 years sought by the applicant for the accreditation;\nor\n\n(c) for AFM accreditation, granted the AFM accreditation setting\nmaximum work times and minimum rest times different to the\nmaximum work times and minimum rest times sought by the\napplicant for the accreditation.\n","sortOrder":414},{"sectionNumber":"465","sectionType":"section","heading":"Refusal of application for heavy vehicle accreditation","content":"465 Refusal of application for heavy vehicle accreditation\nIf the Regulator refuses an application for heavy vehicle\naccreditation, the Regulator must give the applicant an information\nnotice for the decision to refuse the application.\n","sortOrder":415},{"sectionNumber":"466","sectionType":"section","heading":"Accreditation labels for maintenance management","content":"466 Accreditation labels for maintenance management\naccreditation and mass management accreditation\n(1) If the Regulator grants maintenance management accreditation or\nmass management accreditation to an operator of a heavy vehicle, the\nRegulator must give the operator an accreditation label for each\nrelevant vehicle for the accreditation.\n(2) If the operator amends the relevant management system to identify a\nnew relevant vehicle for the accreditation—\n(a) the operator may ask the Regulator for an accreditation label for\nthe new relevant vehicle; and\n(b) the Regulator must give the accreditation label to the operator.\n(2A) The operator must attach the accreditation label for a relevant vehicle\nto the vehicle in a way that the label—\n(a) is readable from outside the vehicle; and\n(b) is not wholly or partly obscured, defaced or otherwise not\nlegible.\n\n(2B) A person must not drive a relevant vehicle if the vehicle’s\naccreditation label—\n(a) is not attached to the vehicle; or\n(b) is attached to the vehicle in a way that the label is wholly or\npartly obscured, defaced or otherwise not legible.\naccreditation label, for a relevant vehicle for a maintenance\nmanagement accreditation or mass management accreditation, means\na label stating the number identifying the accreditation for attaching\nto the vehicle.\nrelevant vehicle, for a maintenance management accreditation or\nmass management accreditation, means a vehicle identified in the\nrelevant management system as currently being operated in\naccordance with the management system.\n\n","sortOrder":416},{"sectionNumber":"Part 8","sectionType":"part","heading":"3 Operating under heavy vehicle","content":"Part 8.3 Operating under heavy vehicle\n","sortOrder":417},{"sectionNumber":"467","sectionType":"section","heading":"Compliance with conditions of BFM accreditation or AFM","content":"467 Compliance with conditions of BFM accreditation or AFM\nThe holder of a BFM accreditation or AFM accreditation must\ncomply with the conditions of the accreditation.\n","sortOrder":418},{"sectionNumber":"468","sectionType":"section","heading":"Driver operating under BFM accreditation or AFM","content":"468 Driver operating under BFM accreditation or AFM\naccreditation must carry accreditation details\n(1) The driver of a heavy vehicle who is operating under a BFM\naccreditation or AFM accreditation must keep in the driver’s\npossession—\n(a) a copy of the accreditation certificate for the accreditation; and\n(b) a document, signed by the operator of the vehicle who holds the\naccreditation, stating that the driver—\n(i) is operating under the operator’s heavy vehicle\n(ii) has been inducted into the operator’s relevant management\n(iii) meets the requirements relating to drivers operating under\nthe operator’s heavy vehicle accreditation (if any); and\n(c) for a driver operating under AFM accreditation, a document\nstating the AFM hours applying under the accreditation.\nExample for the purposes of paragraph (c)—\nThe driver records a statement of the AFM hours applying under the AFM\naccreditation in the driver’s electronic work diary (which is a document).\n\nOperating under heavy vehicle accreditation Part 8.3\n(2) Subsection (1) applies even if the driver and operator are the same\n(3) The operator of the vehicle must ensure the driver complies with\nsubsection (1), unless the operator has a reasonable excuse.\n","sortOrder":419},{"sectionNumber":"469","sectionType":"section","heading":"Driver must return particular documents if stops","content":"469 Driver must return particular documents if stops\noperating under BFM accreditation or AFM accreditation\netc.\n(a) the driver of a heavy vehicle is operating under a BFM\naccreditation or AFM accreditation; and\n(b) the operator of the heavy vehicle has given the driver a\ndocument for the purposes of section 468(1); and\n(c) the driver—\n(i) stops operating under the operator’s BFM accreditation or\nAFM accreditation; or\n(ii) no longer meets the requirements relating to drivers\noperating under the operator’s BFM accreditation or AFM\naccreditation (if any).\n(2) The driver must return the document to the operator as soon as\nreasonably practicable.\n\n","sortOrder":420},{"sectionNumber":"470","sectionType":"section","heading":"General requirements applying to operator with heavy","content":"470 General requirements applying to operator with heavy\n(1) This section applies to an operator of a heavy vehicle who holds a\nheavy vehicle accreditation.\n(2) If the accreditation is BFM accreditation or AFM accreditation, the\noperator must ensure each driver who operates under the\naccreditation—\n(a) is inducted into the operator’s relevant management system; and\n(b) at all times, meets the requirements relating to drivers operating\nunder the accreditation (if any).\n(3) If the accreditation is AFM accreditation, the operator must also\nensure each driver who operates under the accreditation is informed\nof the AFM hours applying under the accreditation.\n(4) The operator must keep—\n(a) the accreditation certificate for the operator’s heavy vehicle\n(b) if the operator’s heavy vehicle accreditation is BFM\naccreditation or AFM accreditation—\n(i) a current list of drivers operating under the operator’s\n(ii) records demonstrating the operator has complied with—\n(A) if the operator’s heavy vehicle accreditation is BFM\naccreditation—subsection (2); or\n(B) if the operator’s heavy vehicle accreditation is AFM\naccreditation—subsections (2) and (3); and\n\nOperating under heavy vehicle accreditation Part 8.3\n(c) if the operator’s heavy vehicle accreditation is mass\nmanagement accreditation or maintenance management\naccreditation—a current list of heavy vehicles to which the\noperator’s accreditation relates; and\n(5) The operator must keep a document required to be kept under\nsubsection (4) for the following period—\n(a) for an accreditation certificate—while the operator’s heavy\nvehicle accreditation is current;\n(b) for each list or record made under subsection (4)(b) or (c)—at\nleast 3 years after the list or record is made.\n(6) The operator must keep a document required to be kept under\nsubsection (4) in a way that ensures it is—\n(a) readily accessible by an authorised officer at the place where the\ndocument is kept; and\n(b) reasonably capable of being understood by the authorised\nofficer; and\n(c) capable of being used as evidence.\n(7) The Regulator may, by notice, require the operator to give the\nRegulator, in the form and within the time required by the\n(a) a copy of the list mentioned in subsection (4)(b)(i) or (c); and\n(b) details of any change to the list.\n(8) The operator must comply with a requirement made under subsection\n(7), unless the operator has a reasonable excuse.\n\n(9) Subsections (4) to (6) do not apply in relation to—\n(a) an accreditation certificate given to the Regulator under\nsection 472 or 476, unless the Regulator has returned it or given\nthe operator a replacement accreditation certificate; or\n(b) an accreditation certificate that has been defaced, destroyed, lost\nor stolen, unless the Regulator has given the operator a\nreplacement accreditation certificate.\nSee section 477 for the requirement to apply to the Regulator for a\nreplacement accreditation certificate for a defaced, destroyed, lost or\nstolen accreditation certificate.\n","sortOrder":421},{"sectionNumber":"471","sectionType":"section","heading":"Operator must give notice of amendment, suspension or","content":"471 Operator must give notice of amendment, suspension or\nending of heavy vehicle accreditation\n(a) an operator of a heavy vehicle holds a heavy vehicle\n(b) the accreditation is amended or suspended, or the operator\nceases to hold the accreditation.\n(2) The operator must as soon as practicable after the amendment,\nsuspension or cessation happens give notice of the amendment,\nsuspension or cessation to any driver of, or scheduler for, a heavy\nvehicle who may be affected by the amendment, suspension or\ncessation.\n(3) If the driver of a heavy vehicle is given a notice under subsection (2),\nthe driver must, as soon as reasonably practicable, return to the\noperator any document relevant to the notice given to the driver by\nthe operator for the purposes of section 468(1).\n\nPart 8.4 Amendment or cancellation of\nheavy vehicle accreditation\n","sortOrder":422},{"sectionNumber":"472","sectionType":"section","heading":"Amendment or cancellation of heavy vehicle","content":"472 Amendment or cancellation of heavy vehicle\naccreditation on application\n(1) A person may apply to the Regulator for an amendment or\ncancellation of the person’s heavy vehicle accreditation granted under\n(d) be accompanied by the accreditation certificate for the\naccreditation.\n(c) if the Regulator amended the accreditation, the Regulator must\ngive the applicant a replacement accreditation certificate for the\naccreditation as amended.\n\nPart 8.4 Amendment or cancellation of heavy vehicle accreditation\n(6) If the Regulator decides not to amend or cancel the accreditation as\n(b) return the accreditation certificate to the applicant.\n","sortOrder":423},{"sectionNumber":"473","sectionType":"section","heading":"Amendment, suspension or cancellation of heavy vehicle","content":"473 Amendment, suspension or cancellation of heavy vehicle\naccreditation on Regulator’s initiative\n(1) Each of the following is a ground for amending, suspending or\ncancelling a heavy vehicle accreditation granted under this Law—\n(a) the accreditation was granted because of a document or\n(b) the holder of the accreditation has contravened a condition of\nthe accreditation;\n(c) the holder of the accreditation, or an associate of the holder, has\nbeen convicted of—\n(i) an offence against this Law or a previous corresponding\nlaw; or\n(ii) an offence involving fraud or dishonesty punishable on\ncommitted in this jurisdiction or elsewhere;\n(d) since the accreditation was granted, there has been a change in\nthe circumstances that were relevant to the Regulator’s decision\nto grant the accreditation and, had the changed circumstances\nexisted when the accreditation was granted, the Regulator would\nnot have granted the accreditation, or would have granted the\naccreditation subject to conditions or different conditions;\n\n(e) for a maintenance management accreditation or mass\nmanagement accreditation—\n(i) public safety has been endangered, or is likely to be\nendangered, because of the accreditation; or\n(ii) road infrastructure has been damaged, or is likely to be\ndamaged, because of the accreditation;\n(f) for a BFM accreditation or AFM accreditation—public safety\nhas been endangered, or is likely to be endangered, because of\nthe accreditation;\n(g) the Regulator considers it necessary in the public interest.\n(2) If the Regulator considers a ground exists to amend, suspend or cancel\na heavy vehicle accreditation granted under this Law (the proposed\naction), the Regulator must give the holder of the accreditation a\n(d) if the proposed action is to amend the accreditation (including a\ncondition of the accreditation)—stating the proposed\namendment; and\n(e) if the proposed action is to suspend the accreditation—stating\nthe proposed suspension period; and\n(f) inviting the holder to make, within a stated time of at least\n14 days after the notice is given to the holder, written\n\nPart 8.4 Amendment or cancellation of heavy vehicle accreditation\nsubsection (2)(f), the Regulator still considers a ground exists to take\n(a) if the proposed action was to amend the accreditation—amend\nthe accreditation, including, for example, by imposing\nadditional conditions on the accreditation, in a way that is not\nsubstantially different from the proposed action; or\n(b) if the proposed action was to suspend the accreditation—\nsuspend the accreditation for no longer than the period stated in\nthe notice; or\n(c) if the proposed action was to cancel the accreditation—\n(i) amend the accreditation, including, for example, by\nimposing additional conditions on the accreditation; or\n(ii) suspend the accreditation for a period; or\n(iii) cancel the accreditation.\n(5) The decision takes effect—\n","sortOrder":424},{"sectionNumber":"474","sectionType":"section","heading":"Immediate suspension of heavy vehicle accreditation","content":"474 Immediate suspension of heavy vehicle accreditation\n(a) a ground exists to suspend or cancel a heavy vehicle\naccreditation granted under this Law; and\n(b) it is necessary to suspend the accreditation immediately to\nprevent or minimise serious harm to public safety.\n\n(2) The Regulator may, by notice given to the holder, immediately\nsuspend the heavy vehicle accreditation until the earliest of the\n(a) the Regulator gives the holder an information notice under\nsection 473(4) and the decision takes effect under\nsection 473(5);\n(c) the end of 56 days after the day the notice is given to the holder.\n(3) This section applies despite sections 472 and 473.\n","sortOrder":425},{"sectionNumber":"475","sectionType":"section","heading":"Minor amendment of heavy vehicle accreditation","content":"475 Minor amendment of heavy vehicle accreditation\nThe Regulator may, by notice given to the holder of a heavy vehicle\naccreditation granted under this Law, amend the accreditation in a\n\nPart 8.5 Other provisions about heavy vehicle accreditations\nPart 8.5 Other provisions about heavy\nvehicle accreditations\n476 Return of accreditation certificate\n(1) If a person’s heavy vehicle accreditation granted under this Law is\namended, suspended or cancelled, the Regulator may, by notice,\nrequire the person to return the person’s accreditation certificate to\n(3) If the heavy vehicle accreditation has been amended, the Regulator\nmust give the person a replacement accreditation certificate for the\naccreditation as amended.\n(4) If the heavy vehicle accreditation has been suspended, the Regulator\nmust give the person the accreditation certificate for the accreditation\nor, if the accreditation has also been amended, a replacement\naccreditation certificate for the accreditation as amended, as soon as\npracticable after the suspension ends.\n","sortOrder":426},{"sectionNumber":"477","sectionType":"section","heading":"Replacement of defaced etc. accreditation certificate","content":"477 Replacement of defaced etc. accreditation certificate\n(1) If a person’s accreditation certificate for a heavy vehicle accreditation\ngranted under this Law is defaced, destroyed, lost or stolen, the person\nmust, as soon as reasonably practicable after becoming aware of the\nmatter, apply to the Regulator for a replacement accreditation\ncertificate.\nSee section 470 for the requirement to keep an accreditation certificate\nfor a heavy vehicle accreditation while the accreditation is current.\n\nOther provisions about heavy vehicle accreditations Part 8.5\n(2) If the Regulator is satisfied the accreditation certificate has been\ndefaced, destroyed, lost or stolen, the Regulator must give the person\na replacement accreditation certificate as soon as practicable.\n(3) If the Regulator decides not to give the person a replacement\naccreditation certificate, the Regulator must give the person an\ninformation notice for the decision.\n","sortOrder":427},{"sectionNumber":"478","sectionType":"section","heading":"Offences relating to auditors","content":"478 Offences relating to auditors\n(1) A person must not falsely represent that the person is an approved\nauditor.\n(2) An approved auditor must not falsely represent that the person is an\nauditor of a particular approved class.\n(3) An approved auditor must not falsely represent that the person has\naudited an operator’s relevant management system.\n(4) A person must not falsely represent the opinion of an approved\nauditor in relation to an operator’s relevant management system.\napproved class means a class of auditors approved by the responsible\nMinisters under section 654.\n\nPart 9.1 General matters about\nauthorised officers\n","sortOrder":428},{"sectionNumber":"479","sectionType":"section","heading":"Functions of authorised officers","content":"479 Functions of authorised officers\n(1) An authorised officer has the following functions under this Law—\n(a) to monitor, investigate and enforce compliance with this Law;\n(b) to monitor or investigate whether an occasion has arisen for the\nexercise of powers under this Law;\n(c) to facilitate the exercise of powers under this Law.\n(2) Also, an authorised officer who is not a police officer has the function\nunder this Law to provide advice, information and education to\npersons with duties or obligations under this Law about compliance\nwith the duties or obligations.\nDivision 2 Appointment\n480 Application of Div 2\n481 Appointment and qualifications\n(1) The Regulator may, by instrument, appoint any of the following\nindividuals as an authorised officer for the purposes of this Law—\n(a) an individual who is—\n(i) a member of the staff of the Regulator; or\n\nAppointment Division 2\n(ii) a person whose services are being used under an\narrangement under section 685; or\n(iii) a consultant or contractor engaged by the Regulator under\nsection 686;\n(b) an employee of the State;\n(c) an employee of a local government authority;\n(d) an individual of a class prescribed by the national regulations.\n(2) However, the Regulator may appoint a person as an authorised officer\nonly if the Regulator is satisfied the person is qualified for\nappointment because the person has the necessary expertise or\nexperience.\n","sortOrder":429},{"sectionNumber":"482","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"482 Appointment conditions and limit on powers\n(1) An authorised officer holds office on any conditions stated in—\n(a) the officer’s instrument of appointment; or\n(b) a notice signed by the Regulator given to the officer; or\n(c) the national regulations.\n(2) The instrument of appointment, a signed notice given to the\nauthorised officer, or the national regulations may limit the officer’s\npowers.\n","sortOrder":430},{"sectionNumber":"483","sectionType":"section","heading":"When office ends","content":"483 When office ends\n(1) The office of a person as an authorised officer ends if any of the\nfollowing happens—\n(a) the term of office stated in a condition of office ends;\n(b) under another condition of office, the office ends;\n(c) the officer’s resignation under section 484 takes effect.\n\n(2) Subsection (1) does not limit the ways an authorised officer may\ncease to hold office.\ncondition of office means a condition under which the authorised\nofficer holds office.\n","sortOrder":431},{"sectionNumber":"484","sectionType":"section","heading":"Resignation","content":"484 Resignation\n(1) An authorised officer may resign by signed notice given to the\n(2) However, if holding office as an authorised officer is a condition of\nthe officer holding another office, the officer may not resign as an\nauthorised officer without resigning from the other office.\n","sortOrder":432},{"sectionNumber":"485","sectionType":"section","heading":"Application of Div 3","content":"485 Application of Div 3\n","sortOrder":433},{"sectionNumber":"486","sectionType":"section","heading":"Issue of identity card","content":"486 Issue of identity card\n(1) The Regulator must issue an identity card to each authorised officer.\n(2) The identity card must—\n(a) contain a recent photo of the authorised officer; and\n(b) contain a copy of the authorised officer’s signature; and\n(c) identify the person as an authorised officer for the purposes of\n(d) state the identification number allocated to the authorised\nofficer; and\n(e) state an expiry date for the card.\n\nIdentity cards Division 3\n(3) This section does not prevent the issue of a single identity card to a\nperson for the purposes of this Law and other purposes.\n","sortOrder":434},{"sectionNumber":"487","sectionType":"section","heading":"Production or display of identity card","content":"487 Production or display of identity card\n(1) In exercising a power in relation to a person in the person’s presence,\nan authorised officer must—\n(a) produce the officer’s identity card for the person’s inspection\nbefore exercising the power; or\n(b) have the identity card displayed so it is clearly visible to the\nperson when exercising the power.\n(2) However, if it is not practicable to comply with subsection (1), the\nauthorised officer must produce the identity card for the person’s\ninspection at the first reasonable opportunity.\n(3) For the purposes of subsection (1), an authorised officer does not\nexercise a power in relation to a person only because the officer has\nentered a place as mentioned in section 495(1)(b) or 497(1)(b) or (d).\nSections 505 and 510 include provisions requiring the production of\nidentification by an authorised officer in circumstances mentioned in\nthose sections.\n","sortOrder":435},{"sectionNumber":"488","sectionType":"section","heading":"Return of identity card","content":"488 Return of identity card\nIf the office of a person as an authorised officer ends, the person must\nreturn the person’s identity card to the Regulator within 21 days after\nthe office ends unless the person has a reasonable excuse.\n\n","sortOrder":436},{"sectionNumber":"489","sectionType":"section","heading":"References to exercise of powers","content":"489 References to exercise of powers\nIf—\n(a) a provision of this Chapter refers to the exercise of a power by\nan authorised officer; and\n(b) there is no reference to a specific power;\nthe reference is to the exercise of all or any authorised officers’\npowers under this Chapter or a warrant, to the extent the powers are\nrelevant.\n","sortOrder":437},{"sectionNumber":"490","sectionType":"section","heading":"Reference to document includes reference to","content":"490 Reference to document includes reference to\nreproduction from electronic document\nA reference in this Chapter to a document includes a reference to an\nimage or writing—\n(a) produced from an electronic document; or\n(b) not yet produced, but reasonably capable of being produced\nfrom an electronic document, with or without the aid of another\narticle or device.\n","sortOrder":438},{"sectionNumber":"491","sectionType":"section","heading":"Use of force against persons","content":"491 Use of force against persons\n(1) This Chapter does not authorise—\n(a) an authorised officer (or a person assisting or otherwise acting\nunder the direction or authority of an authorised officer) to use\nforce against a person in the exercise or purported exercise of a\nfunction under this Chapter; or\n(b) without limiting paragraph (a), a warrant to be issued under this\nChapter authorising a person to use force against a person.\n\nMiscellaneous provisions Division 4\n(2) However, subsection (1) does not affect the powers of a police officer\nto the extent (if any) the police officer is authorised to use force\nagainst a person under the Application Act of this jurisdiction.\n(3) This section has effect despite any other provision of this Chapter in\nrelation to the use of force against a person, even if the other provision\nis expressed as authorising the use of force for the purposes of the\n","sortOrder":439},{"sectionNumber":"492","sectionType":"section","heading":"Use of force against property","content":"492 Use of force against property\n(1) A power to use force against property under another section of this\nChapter in the exercise or purported exercise of a function in relation\nto this jurisdiction cannot be exercised by an authorised officer (or a\nperson assisting or otherwise acting under the direction or authority\nof the authorised officer) unless—\n(a) the authorised officer is a police officer; or\n(b) the exercise of the power to use force is authorised under the\nApplication Act of this jurisdiction.\n(2) Subsection (1)—\n(a) has effect despite any other section of this Chapter in relation to\nthe use of force against property, even if the other section is\nexpressed as authorising the use of force for the purposes of the\nsection; but\n(b) does not affect any prohibition or restriction on a power to use\nforce set out in the other section.\n(3) Subsections (1) and (2) apply to a power to use force against property\nwhether the power is express or implied.\n\n(4) Despite subsections (1) to (3) and any other section of this Chapter,\nthis Chapter does not preclude the inclusion of additional\ncircumstances in the Application Act of this jurisdiction in which an\nauthorised officer, whether or not a police officer, may use force\nagainst property in the exercise or purported exercise of a function\nunder this Chapter in relation to this jurisdiction.\n","sortOrder":440},{"sectionNumber":"493","sectionType":"section","heading":"Exercise of functions in relation to light vehicles","content":"493 Exercise of functions in relation to light vehicles\n(1) This Chapter does not authorise the exercise of any function under\nthis Chapter in relation to a vehicle that is not a heavy vehicle.\n(2) However, a function under this Chapter may be exercised in relation\nto—\n(a) a pilot vehicle or escort vehicle; or\n(b) a vehicle to the extent (if any) that it is reasonably necessary for\nthe purpose of determining if the vehicle is or is not a heavy\n\n","sortOrder":441},{"sectionNumber":"494","sectionType":"section","heading":"Definitions for Pt 9.2","content":"494 Definitions for Pt 9.2\n(1) In this Part—\nplace of business, of a responsible person for a heavy vehicle, means\na place—\n(a) at or from which the person carries on a business; or\n(b) occupied by the person in connection with a business carried on\nby the person; or\n(c) that is the registered office of the person if the person is a body\ncorporate.\nrelevant place means—\n(a) a place of business of a responsible person for a heavy vehicle;\nor\n(b) the relevant garage address of a heavy vehicle; or\n(c) the base of the driver or drivers of a heavy vehicle; or\n(d) a place where records required to be kept under this Law or a\nheavy vehicle accreditation are located or are required to be\nlocated under this Law or a heavy vehicle accreditation.\nresidence, that is a relevant place, means a place or part of a place\nmentioned in the definition relevant place used predominantly for\nresidential purposes.\n(2) For the purposes of this Part, a place or part of a place is taken not to\nbe used for residential purposes merely because temporary or casual\nsleeping or other accommodation is provided there for drivers of\n\nDivision 1A Entry of relevant places for advice purposes\nDivision 1A Entry of relevant places for advice\n494A Non-application to police officers\n494B Power to enter relevant place\nAn authorised officer may, for advice purposes, enter a relevant place\nif—\n(b) the place is not a residence and is—\n(iii) required to be open for inspection under this Law.\n","sortOrder":442},{"sectionNumber":"494C","sectionType":"section","heading":"Power after entering relevant place","content":"494C Power after entering relevant place\nIf an authorised officer enters a relevant place under this Division, the\nofficer may, for advice purposes, provide advice, information and\neducation.\nDivision 2 Entry of relevant places for\nmonitoring purposes\n","sortOrder":443},{"sectionNumber":"495","sectionType":"section","heading":"Power to enter relevant place","content":"495 Power to enter relevant place\n(1) An authorised officer may, for monitoring purposes, enter a relevant\nplace if—\n\nEntry of relevant places for monitoring purposes Division 2\n(b) the place is not a residence and is—\n(iii) required to be open for inspection under this Law.\n(2) If the power to enter arose only because an occupier of the place\nconsented to the entry, the power is subject to any conditions of the\nconsent and ceases if the consent is withdrawn.\n(3) Subsection (1)(b) does not authorise an authorised officer, without the\noccupier’s consent or a warrant, to enter a relevant place that is\nunattended, unless the officer reasonably believes the place is\nattended.\n(4) If an authorised officer enters a place reasonably believing the place\n(5) An authorised officer may open unlocked doors and other unlocked\n(6) This section does not authorise an authorised officer to use force for\n","sortOrder":444},{"sectionNumber":"496","sectionType":"section","heading":"General powers after entering relevant place","content":"496 General powers after entering relevant place\n(1) If an authorised officer enters a relevant place under this Division, the\nofficer may, for monitoring purposes, do any of the following (each\na general power)—\n(a) inspect any part of the place or a vehicle at the place;\n(b) inspect a relevant document at the place;\n(c) copy, or take an extract from, a relevant document at the place;\n\nDivision 2 Entry of relevant places for monitoring purposes\n(d) produce an image or writing at the place from an electronic\nrelevant document at the place or, if it is not practicable to\nproduce the image or writing at the place, take a thing containing\nthe electronic relevant document to another place to produce the\nimage or writing;\n(e) look for, and inspect, a relevant device at the place;\n(f) take an extract from a relevant device at the place, including, for\ndata obtained from the device; or\n(ii) by accessing and downloading information from the\ndevice;\n(g) exercise a power in relation to a heavy vehicle at the place that\nthe authorised officer may exercise under section 520;\n(h) take to, into or onto the place and use any persons, equipment,\nmaterials, vehicles or other things the officer reasonably\nrequires for exercising the officer’s powers under this section.\n(2) The authorised officer may take a necessary step to allow the exercise\nof a general power, including, for example—\n(a) open an unlocked door or an unlocked panel or thing at the\n(b) move but not take away anything that is not locked up or sealed.\n(3) For exercising a power under subsection (1)(c) or (f), the authorised\nofficer may use photocopying equipment at the place free of charge.\nSee also sections 543 and 544 for use of particular equipment at a place,\nor in a vehicle, entered under this Chapter.\n\n(4) If the authorised officer takes from the place a thing containing an\nelectronic relevant document to produce an image or writing from the\ndocument, the image or writing must be produced, and the thing must\nbe returned to the place, as soon as practicable.\n(5) However, if the authorised officer entered the place under\nsection 495(1)(a), the officer’s powers under this section are subject\nto the conditions of the consent.\n(6) This section does not authorise an authorised officer to use force for\n(6A) If the authorised officer is not a police officer, the officer may, for\nadvice purposes, provide advice, information and education.\nelectronic relevant document means a relevant document that is an\nelectronic document.\nrelevant device means a device relating to a heavy vehicle and\nrequired to be installed, used or maintained under this Law or a heavy\nvehicle accreditation.\nExample of a device that may be a relevant device—\na weighing, measuring, recording or monitoring device\nrelevant document means a document relating to a heavy vehicle and\nrequired to be kept under this Law or a heavy vehicle accreditation.\nDivision 3 Entry of places for investigation\n","sortOrder":445},{"sectionNumber":"497","sectionType":"section","heading":"General power to enter places","content":"497 General power to enter places\n(1) An authorised officer may, for investigation purposes, enter a place\nif—\n\n(b) it is a public place and the entry is made when it is open to the\npublic; or\n(c) the entry is authorised under a warrant and, if there is an\noccupier at the place, section 510 has been complied with for the\noccupier; or\n(d) it is a relevant place other than a residence and is—\n(iii) required to be open for inspection under this Law; or\n(e) the entry is authorised under section 498 or 499.\n(2) The authorised officer may exercise powers under this section at the\nplace even if entry to the place was originally effected under Division\n2 for monitoring purposes.\n(3) If the power to enter arose only because an occupier of the place\nconsented to the entry, the power is subject to any conditions of the\nconsent and ceases if the consent is withdrawn.\n(4) If the power to enter is under a warrant—\n(a) the authorised officer may use force that is reasonably necessary\nfor gaining entry to the place; and\n(b) the power to enter is subject to the terms of the warrant.\n(5) Subsection (1)(d) does not authorise an authorised officer, without the\noccupier’s consent or a warrant, to enter—\n\n(6) If an authorised officer enters a place reasonably believing the place\n(7) An authorised officer may open unlocked doors and other unlocked\n(8) This section does not authorise an authorised officer to use force for\nexercising a power under this section unless the power is exercised\nunder a warrant.\n","sortOrder":446},{"sectionNumber":"498","sectionType":"section","heading":"Power to enter a place if evidence suspected to be at the","content":"498 Power to enter a place if evidence suspected to be at the\nplace\n(1) This section applies if an authorised officer reasonably believes\n(a) either—\n(i) a heavy vehicle is or has been at a place; or\n(ii) transport documentation or journey documentation is at a\n(b) there may be at the place evidence of an offence against this Law\nthat may be concealed or destroyed unless the place is\nimmediately entered and searched.\n(2) The authorised officer may enter the place if it is—\n(a) open for carrying on a business; or\n(b) otherwise open for entry; or\n(c) required to be open for inspection under this Law.\n(3) Subsection (2) does not authorise an authorised officer to enter—\n\n(4) If an authorised officer enters a place reasonably believing the place\n(5) An authorised officer may open unlocked doors and other unlocked\nsubsection (2).\n(6) An authorised officer may use force that is reasonably necessary for\ngaining entry to a place mentioned in subsection (2)(c).\n(7) This section does not authorise an authorised officer to use force for\nexercising a power under this section other than as provided by\nsubsection (6).\n","sortOrder":447},{"sectionNumber":"499","sectionType":"section","heading":"Power to enter particular places if incident involving","content":"499 Power to enter particular places if incident involving\ndeath, injury or damage\n(1) An authorised officer, without an occupier’s consent or a warrant,\nmay enter a place at any time if the officer reasonably believes—\n(a) an incident involving the death of, or injury to, a person or\ndamage to property involves or may have involved a heavy\n(b) the incident may have involved an offence against this Law; and\n(c) there is a connection between the place and the heavy vehicle;\nand\n(d) there may be at the place evidence of the offence mentioned in\nparagraph (b) that may be concealed or destroyed unless the\nplace is immediately entered and searched.\n\n(2) For the purposes of subsection (1), there is a connection between a\nplace and a heavy vehicle if—\n(a) the place is the vehicle’s garage address or, if the vehicle is a\ncombination, the garage address of a heavy vehicle in the\ncombination; or\n(b) the vehicle is, or within the past 72 hours has been, located at\nthe place; or\n(c) the place is, or may be, otherwise directly or indirectly\nconnected with the vehicle or any part of its equipment or load.\n(3) This section does not authorise an authorised officer to enter a place\nin relation to an incident that involves the death, or injury to, a person\nunless the authorised officer is a police officer.\n(4) This section does not authorise an authorised officer, without the\noccupier’s consent or a warrant, to enter—\n(5) If an authorised officer enters a place without the occupier’s consent\nor a warrant, reasonably believing the place is attended, the officer\nmust leave the place immediately after finding the place is or appears\nto be unattended.\n(6) An authorised officer may open unlocked doors and other unlocked\n(7) This section does not authorise an authorised officer to use force for\n\n","sortOrder":448},{"sectionNumber":"500","sectionType":"section","heading":"General powers after entering a place","content":"500 General powers after entering a place\n(1) If an authorised officer enters a place under section 497(1), the officer\nmay, for investigation purposes, do any of the following (each a\ngeneral power)—\n(a) search any part of the place or a vehicle at the place, including—\n(i) searching any part of the place or a vehicle at the place for\n(ii) searching any part of the place or a vehicle at the place for\na document, device or other thing relating to a heavy\nvehicle or any part of its equipment or load;\n(b) inspect, examine or film any part of the place or anything at the\nplace;\n(c) take a thing, or a sample of or from a thing, at the place for\nexamination;\n(d) place an identifying mark in or on anything at the place;\n(e) take an extract from a document, device or other thing at the\nplace, including, for example—\ndata obtained from a device or other thing at the place; or\n(ii) by accessing and downloading information from a device\nor other thing at the place;\n\n(f) copy a document at the place, or take a document at the place to\nanother place to copy it;\nExamples of documents for the purposes of paragraphs (e) and (f)—\n• a document required to be kept at the place under this Law or a heavy vehicle\n• transport documentation\n• journey documentation\n• a document the authorised officer reasonably believes provides, or may\nprovide on further inspection, evidence of an offence against this Law\n(g) produce an image or writing at the place from an electronic\ndocument at the place or, if it is not practicable to produce the\nimage or writing at the place, take a thing containing the\nelectronic document to another place to produce the image or\nwriting;\n(h) exercise a power in relation to a heavy vehicle at the place that\nthe authorised officer may exercise under Part 9.3;\n(i) take to, into or onto the place and use any persons, equipment,\nmaterials, vehicles or other things the officer reasonably\nrequires for exercising the officer’s powers under this section.\nThe term ‘public place’ is defined in section 5 as a place or part of a\nplace—\n(a) that the public is entitled to use, is open to members of the public\nor is used by the public, whether or not on payment of money; or\n(b) the occupier of which allows members of the public to enter,\nwhether or not on payment of money.\nAccordingly, the term ‘public place’ does not include an office area or an\narea behind a reception counter, unless the public have access to the area\nas provided in the definition.\n(2) The authorised officer may take a necessary step to allow the exercise\nof a general power, including, for example—\n(a) open an unlocked door or an unlocked panel or thing at the\n\n(b) move anything that is not locked up or sealed; and\n(c) if the authorised officer entered the place under\nsection 497(1)(c), use the force that is reasonably necessary for\nthe exercise of the power.\n(3) If an authorised officer takes, or authorises another person to take, a\nthing or sample for examination under subsection (1)(c), the officer\nmust—\n(a) give a receipt for the thing or sample to—\n(i) the person in possession of the thing or sample or the thing\nfrom which the sample was taken; or\n(ii) the person in charge of the place from which the thing or\nsample was taken; and\n(b) at the end of 6 months after the thing or sample was taken, return\nit to the person who appears to be an owner of it, a person to\nwhom a receipt was given under paragraph (a) for it, or a person\nin charge of the place from which it was taken, unless the thing\nor sample—\n(i) has been seized under section 549; or\n(ii) does not have any intrinsic value.\nSee section 561 for what happens if a thing or sample can not be returned\nto its owner or the owner can not be found.\n(4) However, if for any reason it is not practicable to comply with\nsubsection (3)(a), the authorised officer must leave the receipt at the\nplace in a conspicuous position and in a reasonably secure way.\n(5) For exercising a power under subsection (1)(f), the authorised officer\nmay use photocopying equipment at the place free of charge.\nSee also sections 543 and 544 for use of particular equipment at a place,\nor in a vehicle, entered under this Chapter.\n\n(6) If the authorised officer takes a document from the place to copy it,\nthe document must be copied and returned to the place as soon as\n(7) If the authorised officer takes from the place a thing containing an\nelectronic document to produce an image or writing from the\ndocument, the image or writing must be produced, and the thing must\nbe returned to the place, as soon as practicable.\n(8) However—\n(a) if the authorised officer entered the place under\nsection 497(1)(a), the officer’s powers under this section are\nsubject to the conditions of the consent; and\n(b) if the authorised officer entered the place under\nsection 497(1)(c), the officer’s powers under this section are\nsubject to the terms of the warrant.\n(9) Without limiting section 497(2), the authorised officer may exercise\npowers under this section at the place even if entry to the place was\noriginally effected under Division 2 for monitoring purposes.\n(10) The power to search under this section does not include a power to\nsearch a person.\n(11) If the authorised officer is not a police officer, the officer may, for\nadvice purposes, provide advice, information and education.\n\n","sortOrder":449},{"sectionNumber":"501","sectionType":"section","heading":"Application of Div 4","content":"501 Application of Div 4\nThis Division applies if an authorised officer intends to ask an\noccupier of a place for consent to the officer or another authorised\nofficer entering the place under section 494B(a), 495(1)(a) or\n497(1)(a).\n","sortOrder":450},{"sectionNumber":"502","sectionType":"section","heading":"Incidental entry to ask for access","content":"502 Incidental entry to ask for access\n(1) For the purpose of asking the occupier for the consent, the authorised\nofficer may, without the occupier’s consent or a warrant—\n(a) enter land around a building or other structure at the place to an\nextent that is reasonable to contact the occupier; or\n(b) enter part of the place the officer reasonably believes members\nof the public ordinarily are allowed to enter when they wish to\ncontact the occupier.\n(2) The authorised officer must not enter land or a part of a place under\nsubsection (1) if the officer knows or ought reasonably to know the\nplace is unattended.\n(3) If the authorised officer enters land or a part of a place under\nsubsection (1), the officer must leave it immediately after finding the\nplace is or appears to be unattended.\n","sortOrder":451},{"sectionNumber":"503","sectionType":"section","heading":"Matters authorised officer must tell occupier","content":"503 Matters authorised officer must tell occupier\nBefore asking for the consent, the authorised officer must give a\nreasonable explanation to the occupier about the following—\n(a) the purpose of the entry;\n(b) that the occupier is not required to consent;\n(c) that the consent may be given subject to conditions and may be\nwithdrawn at any time;\n\nProcedure for entry by consent Division 4\n(d) any other powers intended to be exercised to achieve the purpose\nof the entry.\n","sortOrder":452},{"sectionNumber":"504","sectionType":"section","heading":"Consent acknowledgement","content":"504 Consent acknowledgement\n(1) If the consent is given, the authorised officer may ask the occupier to\nsign an acknowledgement of the consent.\n(2) The acknowledgement must state—\n(a) the purpose of the entry, including the powers intended to be\nexercised to achieve the purpose of the entry; and\n(b) that the following have been explained to the occupier—\n(i) the purpose of the entry, including the powers intended to\nbe exercised to achieve the purpose of the entry;\n(ii) that the occupier is not required to consent; and\n(c) that the occupier gives the authorised officer consent to enter the\nplace and exercise the powers; and\n(d) the time and day the consent was given; and\n(e) any conditions of the consent.\n(3) If the occupier signs the acknowledgement, the authorised officer\nmust immediately give a copy to the occupier.\n(4) However, if it is impractical for the authorised officer to give the\noccupier a copy of the acknowledgement immediately, the officer\nmust give the copy as soon as practicable.\n(5) If the acknowledgment states some but not all the powers exercised\nor intended to be exercised to achieve the purpose of the entry—\n(a) the acknowledgment is not necessarily invalid merely because\nof the omission; but\n\n(b) if an issue arises in a proceeding about the validity of the\nacknowledgment—the court has a discretion to decide if the\nacknowledgment is invalid on the ground that the exercise of the\npower was of such significance in the particular circumstances\nas to have warranted its inclusion in the acknowledgment.\n(6) If—\n(a) an issue arises in a proceeding about whether the occupier\nconsented to the entry; and\n(b) an acknowledgement complying with subsection (2) for the\nentry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the\nentry to prove the occupier consented.\n","sortOrder":453},{"sectionNumber":"505","sectionType":"section","heading":"Procedure for entry with consent","content":"505 Procedure for entry with consent\n(1) This section applies if an authorised officer is intending to ask the\noccupier for consent to enter a place under this Division (otherwise\nthan under section 502).\n(2) Before asking for consent, the authorised officer must identify\nhimself or herself to a person who is an occupier of the place and is\npresent by producing—\n(3) Subsection (2)(a) does not apply to a police officer in uniform.\n\n","sortOrder":454},{"sectionNumber":"506","sectionType":"section","heading":"Application for warrant","content":"506 Application for warrant\n(1) An authorised officer may apply to an authorised warrant official for\na warrant for a place.\n(2) The authorised officer must prepare a written application stating the\ngrounds on which the warrant is sought.\n(3) The written application must be sworn.\n(4) The authorised warrant official may refuse to consider the application\nuntil the authorised officer gives the official all the information the\nofficial requires about the application in the way the official requires.\nThe authorised warrant official may require additional information supporting the\nwritten application to be given by statutory declaration.\n","sortOrder":455},{"sectionNumber":"507","sectionType":"section","heading":"Issue of warrant","content":"507 Issue of warrant\n(1) The authorised warrant official may issue the warrant for the place\nonly if the official is satisfied there are reasonable grounds for\nsuspecting there is at the place, or will be at the place within the next\n72 hours, a particular thing or activity that may provide evidence of\nan offence against this Law.\n(2) The warrant must state the following—\n(a) the place to which the warrant applies;\n(b) that a stated authorised officer or any authorised officer may,\nwith necessary and reasonable help and force—\n(i) enter the place and any other place necessary for entry to\nthe place; and\n(ii) exercise the authorised officer’s powers;\n(c) particulars of the offence that the authorised warrant official\nconsiders appropriate in the circumstances;\n\n(d) the name of the person suspected of having committed the\noffence unless the name is unknown or the authorised warrant\nofficial considers it inappropriate to state the name;\n(e) the evidence that may be seized under the warrant;\n(f) the hours of the day or night when the place may be entered;\n(g) the authorised warrant official’s name;\n(h) the date and time of the warrant’s issue;\n(i) the day, within 14 days after the warrant’s issue, the warrant\nends.\n","sortOrder":456},{"sectionNumber":"508","sectionType":"section","heading":"Application by electronic communication and duplicate","content":"508 Application by electronic communication and duplicate\nwarrant\n(1) An application under section 506 may be made by radio, telephone,\nfax, email, video conferencing or another form of electronic\ncommunication if the authorised officer reasonably believes it\nnecessary because of—\n(a) urgent circumstances; or\n(b) other special circumstances, including, for example, the\nofficer’s remote location.\n(2) The application—\n(a) may not be made before the authorised officer prepares the\nwritten application under section 506(2); but\n(b) may be made before the written application is sworn.\n(3) The authorised warrant official may issue the warrant (the original\nwarrant) only if the official is satisfied—\n(a) it was necessary to make the application under subsection (1);\nand\n\n(b) the way the application was made under subsection (1) was\n(4) After the authorised warrant official issues the original warrant—\n(a) if there is a reasonably practicable way of immediately giving a\ncopy of the warrant to the authorised officer, for example, by\nsending a copy by fax or email, the official must immediately\ngive a copy of the warrant to the officer; or\n(b) otherwise—\n(i) the official must tell the authorised officer the information\nmentioned in section 507(2); and\n(ii) the authorised officer must complete a form of warrant,\nincluding by writing on it the information mentioned in\nsection 507(2) provided by the official.\n(5) The copy of the warrant mentioned in subsection (4)(a), or the form\nof warrant completed under subsection (4)(b) (in either case the\nduplicate warrant), is a duplicate of, and as effectual as, the original\nwarrant.\n(6) The authorised officer must, at the first reasonable opportunity, send\nto the authorised warrant official—\n(a) the written application complying with section 506(2) and (3);\nand\n(b) if the officer completed a form of warrant under\nsubsection (4)(b)—the completed form of warrant.\n(7) The authorised warrant official must keep the original warrant and,\non receiving the documents under subsection (6)—\n(a) attach the documents to the original warrant; and\n(b) file the original warrant and documents in the relevant court.\n\n(8) Despite subsection (5), if—\n(a) an issue arises in a proceeding about whether an exercise of a\npower was authorised by a warrant issued under this section; and\n(b) the original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the\nexercise of the power to prove a warrant authorised the exercise of\nthe power.\n(9) This section does not limit section 506.\n","sortOrder":457},{"sectionNumber":"509","sectionType":"section","heading":"Defect in relation to a warrant","content":"509 Defect in relation to a warrant\n(1) A warrant is not invalidated by a defect in—\n(a) the warrant; or\n(b) compliance with this Division;\nunless the defect affects the substance of the warrant in a material\nparticular.\nwarrant includes a duplicate warrant mentioned in section 508(5).\n","sortOrder":458},{"sectionNumber":"510","sectionType":"section","heading":"Procedure for entry under warrant","content":"510 Procedure for entry under warrant\n(1) This section applies if an authorised officer is intending to enter a\nplace under a warrant issued under this Division.\n(2) Before entering the place, the authorised officer must do or make a\nreasonable attempt to do the following things—\n(a) identify himself or herself to a person who is an occupier of the\nplace and is present by producing—\n(i) for an authorised officer who is a police officer—an\nidentity card or other document evidencing the officer’s\nappointment as a police officer; or\n\n(ii) for an authorised officer who is not a police officer—the\nidentity card issued to the officer under this Law or another\ndocument evidencing the officer’s appointment as an\nauthorised officer;\n(b) give the person a copy of the warrant;\n(c) tell the person the officer is permitted by the warrant to enter the\nplace;\n(d) give the person an opportunity to allow the officer immediate\nentry to the place without using force.\n(3) However, the authorised officer need not comply with subsection (2)\nif the officer reasonably believes that entry to the place is required to\nensure the execution of the warrant is not frustrated.\n(4) Subsection (2)(a)(i) does not apply to a police officer in uniform.\nwarrant includes a duplicate warrant mentioned in section 508(5).\n\nPart 9.3 Powers in relation to heavy\n","sortOrder":459},{"sectionNumber":"511","sectionType":"section","heading":"Application of Pt 9.3","content":"511 Application of Pt 9.3\nUnless otherwise stated in this Part, this Part applies to a heavy\n(a) on a road; or\n(b) in or at a public place; or\n(c) in or at a place owned or occupied by a road authority or by\nanother public authority; or\n(d) in or at a place entered by an authorised officer under Part 9.2.\n","sortOrder":460},{"sectionNumber":"512","sectionType":"section","heading":"Persons who are drivers for this Part","content":"512 Persons who are drivers for this Part\nIn this Part, a reference to the driver of a heavy vehicle includes a\nreference to a person in, on or in the vicinity of the vehicle whom an\nauthorised officer present at the scene reasonably believes is the\nvehicle’s driver.\nDivision 2 Stopping, not moving or not\ninterfering with heavy vehicle etc.\n","sortOrder":461},{"sectionNumber":"513","sectionType":"section","heading":"Direction to stop heavy vehicle to enable exercise of","content":"513 Direction to stop heavy vehicle to enable exercise of\nother powers\nthe officer may direct the driver of a heavy vehicle to stop the vehicle.\nAn authorised officer may direct the driver of a heavy vehicle to stop the vehicle so\nthat the authorised officer can enter and inspect it under section 520 or enter and\nsearch it under section 521.\n\nStopping, not moving or not interfering with heavy vehicle etc. Division 2\n(2) The direction may be given orally or in any other way, including, for\nexample, by way of a sign or electronic or other signal.\n(3) The direction may require the heavy vehicle to be—\n(a) stopped immediately; or\n(b) stopped at a place indicated by the authorised officer as the\nnearest place for it to be safely stopped.\n(4) A person given a direction under subsection (1) must comply with the\n(5) When the heavy vehicle stops, the authorised officer must as soon as\npracticable produce for the inspection of the vehicle’s driver—\n(6) Subsection (5)(a) does not apply to a police officer in uniform.\nstop a heavy vehicle means to stop the vehicle and keep it stationary.\n","sortOrder":462},{"sectionNumber":"514","sectionType":"section","heading":"Direction not to move or interfere with heavy vehicle etc.","content":"514 Direction not to move or interfere with heavy vehicle etc.\nto enable exercise of other powers\nthe officer may direct the driver of a heavy vehicle or any other person\nnot to—\n(a) move the vehicle; or\n(b) interfere with the vehicle or any equipment in it; or\n\n(c) interfere with the vehicle’s load.\n(2) The direction may be given orally or in any other way, including, for\nexample, by way of a sign or electronic or other signal.\n(3) A person given a direction under subsection (1) must comply with the\n","sortOrder":463},{"sectionNumber":"515","sectionType":"section","heading":"Definition for Div 3","content":"515 Definition for Div 3\nunattended, for a heavy vehicle, means—\n(a) there is no-one in or near the vehicle who appears to be its driver;\nor\n(b) there is a person in or near the vehicle who appears to be its\ndriver but the person is—\n(i) unwilling, or not qualified or fit, to drive the vehicle; or\n(ii) not authorised by the operator of the vehicle to drive it; or\n(iii) subject to a direction under section 524.\n","sortOrder":464},{"sectionNumber":"516","sectionType":"section","heading":"Direction to move heavy vehicle to enable exercise of","content":"516 Direction to move heavy vehicle to enable exercise of\nother powers\nthe officer may direct the driver or operator of a heavy vehicle that is\nstationary or has been stopped under section 513 to move the vehicle,\nor cause it to be moved, to a stated reasonable place within a 30km\nradius from—\n(a) where the vehicle was stationary or stopped; or\n\n(b) if the direction is given within the course of the vehicle’s\njourney—any point along the forward route of the journey.\nAn authorised officer may direct the driver of a heavy vehicle to move the vehicle\nonto a weighing or testing device.\n(2) The direction may be made orally or in any other way, including, for\n(a) for a direction given to the driver of a heavy vehicle—by way of\na sign or electronic or other signal; or\n(b) for a direction given to the operator of a heavy vehicle—by\n(3) A person given a direction under subsection (1) must comply with the\n(4) Without limiting what may be a reasonable excuse for the purposes\nof subsection (3), in a proceeding for an offence against the\nsubsection, it is a defence for the person charged to prove that—\n(a) it was not possible to move the heavy vehicle because it was\nbroken down; and\n(b) the breakdown happened for a physical reason beyond the\nperson’s control; and\n(c) the breakdown could not be readily rectified in a way that would\nenable the direction to be complied with within a reasonable\n","sortOrder":465},{"sectionNumber":"517","sectionType":"section","heading":"Direction to move heavy vehicle if causing harm etc.","content":"517 Direction to move heavy vehicle if causing harm etc.\nstationary heavy vehicle is—\n(a) causing, or creating a risk of, serious harm to public safety, the\nenvironment or road infrastructure; or\n\n(b) obstructing traffic or likely to obstruct traffic.\n(2) The authorised officer may direct the driver or operator of the heavy\nvehicle to do either or both of the following—\n(a) move the vehicle, or cause it to be moved, to the extent\nnecessary to avoid the harm or obstruction;\n(b) do, or cause to be done, anything else the officer reasonably\nrequires to avoid the harm or obstruction.\n(3) The direction may be made orally or in any other way, including, for\n(a) for a direction given to the driver of a heavy vehicle—by way of\na sign or electronic or other signal; or\n(b) for a direction given to the operator of a heavy vehicle—by\n(4) A person given a direction under subsection (2) must comply with the\n(5) Without limiting what may be a reasonable excuse for the purposes\nof subsection (4), in a proceeding for an offence against the\nsubsection, it is a defence for the person charged to prove that—\n(a) it was not possible to move the heavy vehicle because it was\nbroken down; and\n(b) the breakdown happened for a physical reason beyond the\nperson’s control; and\n(c) the breakdown could not be readily rectified in a way that would\nenable the direction to be complied with within a reasonable\n\n","sortOrder":466},{"sectionNumber":"518","sectionType":"section","heading":"Moving unattended heavy vehicle on road to exercise","content":"518 Moving unattended heavy vehicle on road to exercise\nanother power\n(1) This section applies if an authorised officer—\n(a) reasonably believes a heavy vehicle on a road is unattended; and\n(b) intends to exercise a power under this Law in relation to the\n(c) reasonably believes it is necessary to move the heavy vehicle to\nenable the exercise of the power.\n(2) To the extent reasonably necessary to enable the exercise of the\npower, the authorised officer—\n(a) may move the heavy vehicle; or\n(b) authorise someone else (the assistant) to move the heavy\nby driving, pushing or towing the heavy vehicle\n(3) The authorised officer or assistant may enter the heavy vehicle to\nenable the authorised officer or assistant to move it.\n(4) Despite subsection (2), the authorised officer—\n(a) may only drive the heavy vehicle if the officer is qualified and\nfit to drive it; and\n(b) may only authorise the assistant to drive the heavy vehicle if the\nassistant is qualified and fit to drive it.\n(5) It is immaterial that—\n(b) the authorised officer or assistant is not authorised by the\noperator to drive the heavy vehicle.\n\n(6) The authorised officer or assistant may—\n(a) open unlocked doors and other unlocked panels and things in the\n(b) use the force that is reasonably necessary to—\n(i) gain access to the heavy vehicle, its engine or other\nmechanical components to enable it to be moved; or\n(ii) enable the heavy vehicle to be towed.\n(7) The authorised officer must exercise reasonable diligence to ensure\nthe driver or operator is notified that the vehicle has been moved and\nthe place to which it has been moved.\n(8) The notification may be given orally or in any other way, including,\nfor example, by radio, telephone, fax or email.\n","sortOrder":467},{"sectionNumber":"519","sectionType":"section","heading":"Moving unattended heavy vehicle on road if causing","content":"519 Moving unattended heavy vehicle on road if causing\nharm etc.\n(a) a heavy vehicle on a road is unattended; and\n(b) the heavy vehicle is—\n(i) causing, or creating an imminent risk of, serious harm to\npublic safety, the environment or road infrastructure; or\n(ii) obstructing traffic or likely to obstruct traffic.\n(2) The authorised officer may move or authorise someone else (the\nassistant) to move the heavy vehicle or, if it is a combination, any\ncomponent vehicle of the combination, to the extent it is reasonably\nnecessary to avoid the harm or obstruction.\nby driving, pushing or towing the vehicle\n\n(3) The authorised officer or assistant may—\n(a) enter the heavy vehicle to enable the authorised officer or\nassistant to move it; and\n(b) for a combination—separate any or all of the component\nvehicles of the combination for the purpose of moving 1 or more\nof them.\n(4) The authorised officer or assistant may drive the heavy vehicle even\nif the officer or assistant is not qualified to drive it if the authorised\nofficer reasonably believes there is no-one else in or near the vehicle\nwho is more capable of driving it and fit and willing to drive it.\n(5) It is immaterial that—\n(b) the authorised officer or assistant is not authorised by the\noperator to drive the heavy vehicle.\n(6) In driving the heavy vehicle under subsection (4), the authorised\nofficer or assistant is exempt from a provision of an Australian road\nlaw to the extent the provision would require the authorised officer or\nassistant to be qualified to drive the vehicle.\n(7) The authorised officer or assistant may use the force that is reasonably\nnecessary to do anything that is reasonably necessary to avoid the\nharm or obstruction.\n\nDivision 4 Inspecting and searching heavy\n","sortOrder":468},{"sectionNumber":"520","sectionType":"section","heading":"Power to enter and inspect heavy vehicles for monitoring","content":"520 Power to enter and inspect heavy vehicles for monitoring\n(1) An authorised officer may enter and inspect a heavy vehicle for\nmonitoring purposes.\n(2) Without limiting subsection (1), the authorised officer may—\n(a) inspect, examine or film any part of the heavy vehicle or any\npart of its equipment or load; and\n(b) without limiting paragraph (a), look for, check the details of, or\nfilm a registration item, label or other thing required to be\ndisplayed on the heavy vehicle under an Australian road law;\nand\n(c) inspect a relevant document in the heavy vehicle; and\n(d) copy, or take an extract from, a relevant document in the heavy\n(e) produce an image or writing in or near the vehicle from an\nelectronic relevant document in the vehicle or, if it is not\npracticable to produce the image or writing in or near the\nvehicle, take a thing containing the electronic relevant document\nsomewhere else to produce the image or writing; and\n(f) take an extract of relevant information from a device or other\nthing found in the heavy vehicle, including, for example—\n(ii) by accessing and downloading relevant information from\nthe device or other thing.\n\n(3) The authorised officer may take a necessary step to allow the exercise\nof a power under subsection (1) or (2), including, for example—\n(a) open an unlocked door or an unlocked panel or thing on the\n(b) move but not take away anything that is not locked up or sealed.\n(4) However, this section does not authorise an authorised officer to use\nforce for exercising a power under this section.\n(5) If the authorised officer takes from the heavy vehicle a thing\ncontaining an electronic relevant document to produce an image or\nwriting from the document, the image or writing must be produced,\nand the thing must be returned to the vehicle, as soon as practicable.\nelectronic relevant document means a relevant document that is an\nelectronic document.\nrelevant document means a document relating to a heavy vehicle and\nrequired to be kept under this Law or a heavy vehicle accreditation,\nincluding, for example, a document required to be kept in the\npossession of the driver of a heavy vehicle.\nrelevant information means information relating to a heavy vehicle\nrequired to be kept under this Law or a heavy vehicle accreditation.\n","sortOrder":469},{"sectionNumber":"521","sectionType":"section","heading":"Power to enter and search heavy vehicle involved, or","content":"521 Power to enter and search heavy vehicle involved, or\nsuspected to be involved, in an offence etc.\n(1) An authorised officer may, using necessary and reasonable help and\nforce, enter and search a heavy vehicle for investigation purposes if\nthe officer reasonably believes—\n(a) the vehicle is being, or has been, used to commit an offence\nagainst this Law; or\n\n(b) the vehicle, or a thing in the vehicle, may provide evidence of\nan offence against this Law that is being, or has been,\ncommitted; or\n(c) the vehicle has been or may have been involved in an incident\ninvolving the death of, or injury to, a person or damage to\nproperty.\n(2) The authorised officer may form the necessary belief—\n(a) during or after an inspection of the heavy vehicle under Part 9.2\nor section 520; or\n(b) independently of an inspection of the heavy vehicle under\nPart 9.2 or section 520.\n(3) Without limiting subsection (1), the authorised officer may—\n(a) search any part of the heavy vehicle or any part of its equipment\nor load for evidence of an offence against this Law; and\n(b) inspect, examine or film any part of the heavy vehicle or any\npart of its equipment or load; and\n(c) without limiting paragraph (b), look for, check the details of, or\nfilm a registration item, label or other thing required to be\ndisplayed on the heavy vehicle under an Australian road law;\nand\n(d) search for and inspect a document, device or other thing in the\n(e) take an extract from a document, device or other thing in the\nheavy vehicle, including, for example—\ndata obtained from a device or other thing in the vehicle;\nor\n\n(ii) by accessing and downloading information from a device\nor other thing in the vehicle; and\n(f) copy a document in the heavy vehicle, or take a document in the\nheavy vehicle somewhere else to copy it; and\nExamples of documents for the purposes of paragraphs (e) and (f)—\n• a document required to be kept in the vehicle under this Law or a heavy vehicle\n• transport documentation\n• journey documentation\n• a document the authorised officer reasonably believes provides, or may\nprovide on further inspection, evidence of an offence against this Law\n(g) produce an image or writing in or near the vehicle from an\nelectronic document in the vehicle or, if it is not practicable to\nproduce the image or writing in or near the vehicle, take a thing\ncontaining the electronic document somewhere else to produce\nthe image or writing; and\n(h) take the persons, equipment or materials the officer reasonably\nrequires into or onto the heavy vehicle.\n(4) If the authorised officer takes a document from the heavy vehicle to\ncopy it, the document must be copied and returned to the vehicle as\nsoon as practicable.\n(5) If the authorised officer takes from the heavy vehicle a thing\ncontaining an electronic document to produce an image or writing\nfrom the document, the image or writing must be produced, and the\nthing must be returned to the vehicle, as soon as practicable.\n(6) This section does not authorise an authorised officer to exercise a\npower under this section in relation to an incident that involves the\ndeath of, or injury to, a person unless the authorised officer is a police\nofficer or is acting under the direction of a police officer.\n\n(7) The power to search under this section does not include a power to\nsearch a person.\n","sortOrder":470},{"sectionNumber":"522","sectionType":"section","heading":"Power to order presentation of heavy vehicles for","content":"522 Power to order presentation of heavy vehicles for\ninspection\n(1) An authorised officer may, by notice under subsection (2), require to\nbe produced for inspection at a place and time stated in the notice, a\n(a) that the officer reasonably believes has within the preceding\n60 days been used or will be used on a road if the officer\nreasonably believes that—\n(i) the driver of the vehicle has not complied with this Law in\ndriving a heavy vehicle of that kind; or\n(ii) the vehicle does not comply with this Law; or\n(iii) the vehicle is a defective heavy vehicle as defined in\nsection 525; or\n(b) without limiting paragraph (a), for the purpose of deciding if a\nvehicle defect notice for the vehicle can be cleared under section\n530.\n(1A) An authorised officer may, by notice under subsection (2), require to\nbe produced for inspection at a place and time stated in the notice,\nvehicles in a category of heavy vehicles that the officer reasonably\nbelieves have within the preceding 60 days been used or will be used\non a road if the officer reasonably believes that—\n(a) the vehicles in that category do not comply with this Law; or\n(b) the vehicles in that category are defective heavy vehicles as\ndefined in section 525.\n(2) A notice must be served on—\n(a) the person in charge of the heavy vehicle or category of heavy\n\n(b) the registered operator or, if the heavy vehicle or category of\nheavy vehicles is not registered, an owner.\n(3) If a notice has been served on a person under this section—\n(a) the person may, not later than 24 hours before the time stated in\nthe notice, request an authorised officer to change the place or\ntime of inspection or both; and\n(b) subject to paragraph (c), the authorised officer must—\n(i) consider the request; and\n(ii) vary the notice by changing the place or time; and\n(iii) notify the person of the change; and\n(c) the authorised officer may refuse the request if the officer\nconsiders—\n(i) there may be a safety risk in acceding to the request; or\n(ii) the request is made for an improper reason; or\n(iii) it is otherwise not reasonable to vary the notice.\n(4) An inspection may include any tests an authorised officer decides to\nbe appropriate.\n(5) A person must not fail to produce a heavy vehicle for inspection—\n(a) subject to paragraph (b), at the place and time stated in the notice\nserved on the person; or\n(b) if the notice has been varied under this section, at the place and\ntime stated in the notice as varied.\n(6) An authorised officer may act under subsection (1A) only if—\nsubsection (1A); or\n\nDivision 5 Other powers in relation to all heavy vehicles\nofficer may act under subsection (1A).\nDivision 5 Other powers in relation to all heavy\n523 Starting or stopping heavy vehicle engine\n(1) To enable an authorised officer to effectively exercise a power under\nthis Law in relation to a heavy vehicle, the officer may enter the\nvehicle and start or stop its engine (take the prescribed action) or\nauthorise someone else (the assistant) to enter the vehicle and take\nthe prescribed action if—\n(a) a person fails to comply with a requirement made by an\nauthorised officer under section 577 to take the prescribed\naction; or\n(b) no responsible person for the heavy vehicle is available or\nwilling to take the prescribed action; or\n(c) the authorised officer reasonably believes there is no-one else in\nor near the vehicle who is more capable of taking the prescribed\naction and is fit and willing to do so.\n(2) The authorised officer or assistant may use the force that is reasonably\nnecessary to enter the heavy vehicle and take the prescribed action.\n(3) Subsection (2) does not authorise the authorised officer or assistant to\nuse force against a person.\n(4) It is immaterial that—\n(b) the authorised officer or assistant is not—\n(i) authorised by the operator to take the prescribed action; or\n(ii) qualified to take the prescribed action.\n\nOther powers in relation to all heavy vehicles Division 5\n(5) This section does not authorise the authorised officer or assistant to\ndrive the heavy vehicle.\n(6) In taking the prescribed action, the authorised officer or assistant is\nexempt from a provision of an Australian road law to the extent the\nprovision would require the authorised officer or assistant to be\nqualified to take the prescribed action.\nstart, in relation to a heavy vehicle’s engine, includes run the engine.\n","sortOrder":471},{"sectionNumber":"524","sectionType":"section","heading":"Direction to leave heavy vehicle","content":"524 Direction to leave heavy vehicle\n(a) the driver of a heavy vehicle fails to comply with a direction\ngiven by an authorised officer under this Chapter; or\n(b) an authorised officer reasonably believes the driver of a heavy\nvehicle is not qualified, fit or authorised by the operator to drive\nthe vehicle in order to comply with a direction the authorised\nofficer may give under this Chapter; or\n(c) an authorised officer reasonably believes it would be unsafe to\ninspect or search a heavy vehicle or any part of it or any part of\nits equipment or load while the driver occupies the driver’s seat\nor is in the vehicle or another person accompanying the driver is\nin the vehicle.\n(2) The authorised officer may direct the driver to do 1 or more of the\n(a) to vacate the driver’s seat;\n(b) to leave the heavy vehicle;\n(c) not to occupy the driver’s seat until permitted by an authorised\nofficer;\n\n(d) not to enter the heavy vehicle until permitted by an authorised\n(3) The authorised officer may direct any other person accompanying the\ndriver of the heavy vehicle to do either or both of the following—\n(a) to leave the vehicle;\n(b) not to enter the vehicle until permitted by an authorised officer.\n(4) A direction under subsection (2) or (3) may be made orally or in any\nother way, including, for example, by way of a sign or electronic or\nother signal.\n(5) A person given a direction under subsection (2) or (3) must comply\nwith the direction, unless the person has a reasonable excuse.\n","sortOrder":472},{"sectionNumber":"Div 6","sectionType":"division","heading":"Further powers in relation to heavy","content":"Division 6 Further powers in relation to heavy\nvehicles concerning heavy vehicle\n","sortOrder":473},{"sectionNumber":"525","sectionType":"section","heading":"Definitions for Div 6","content":"525 Definitions for Div 6\ndefective heavy vehicle means a heavy vehicle that—\n(a) contravenes the heavy vehicle standards; or\n(b) has a part that—\n(i) does not perform its intended function; or\n(ii) has deteriorated to an extent that it can not be reasonably\nrelied on to perform its intended function.\n\ndefective vehicle label means a label—\n(a) for attaching to a heavy vehicle to which a major defect notice\nor minor defect notice applies; and\n(b) stating—\n(i) the vehicle’s registration number or, if the vehicle is not\nregistered, a vehicle identifier of the vehicle; and\n(ii) that the vehicle must not be used on a road except as\nspecified in the notice; and\n(iii) the identification details for the authorised officer who\nissued the notice; and\n(iv) the day and time the notice was issued; and\n(v) the number of the notice.\nidentification details, for an authorised officer, means details to\nidentify the authorised officer, including, for example—\n(a) the officer’s name; or\n(b) an identification number allocated to the officer under this Law\nor another law.\nvehicle identifier means—\n(a) a VIN; or\n(b) engine number; or\n(c) chassis number; or\n(d) another identifying number issued by a registration authority.\nan unregistered vehicle permit number\n\n","sortOrder":474},{"sectionNumber":"526","sectionType":"section","heading":"Issue of vehicle defect notice","content":"526 Issue of vehicle defect notice\n(1) This section applies if an authorised officer who has inspected a\nheavy vehicle under this Law reasonably believes—\n(a) the vehicle is a defective heavy vehicle; or\n(b) a number plate of the vehicle is wholly or partly obscured,\ndefaced or otherwise not legible.\n(2) The authorised officer may issue the following vehicle defect notice\nin relation to the heavy vehicle, in the way mentioned in\nsubsection (3)—\n(a) if the officer reasonably believes the vehicle is a defective heavy\nvehicle and use of the vehicle on a road poses an imminent and\nserious safety risk—a major defect notice;\n(b) if the officer reasonably believes the vehicle is a defective heavy\nvehicle and use of the vehicle on a road poses a safety risk other\nthan an imminent and serious safety risk—a minor defect notice;\n(c) if the officer reasonably believes that use of the vehicle on a road\ndoes not pose a safety risk or subsection (1)(b) applies—a self-\nclearing defect notice.\n(3) The authorised officer may issue the vehicle defect notice by—\n(a) if the driver of the heavy vehicle is present—giving the notice\nto the driver; or\n(b) if the driver of the heavy vehicle is not present—attaching the\nnotice to the vehicle.\n(4) If the driver of a heavy vehicle for which a vehicle defect notice is\nissued under this section is not the operator of the vehicle, the driver\nmust give the notice to the operator as soon as practicable, but not\nmore than 14 days, after the notice is issued.\n\n","sortOrder":475},{"sectionNumber":"527","sectionType":"section","heading":"Requirements about vehicle defect notice","content":"527 Requirements about vehicle defect notice\n(1) A vehicle defect notice for a heavy vehicle must be in the approved\nform and state the following—\n(a) that the notice is a major defect notice, minor defect notice or\nself-clearing defect notice;\n(aa) that—\n(i) the vehicle is a defective heavy vehicle; or\n(ii) a number plate of the vehicle is wholly or partly obscured,\ndefaced or otherwise not legible;\n(ab) if the vehicle is a defective heavy vehicle—details of how the\nvehicle is a defective heavy vehicle;\n(b) for a major defect notice—that the vehicle must not be used on\na road after the notice is issued other than to move it to one or\nmore locations stated in the notice in one or more ways stated in\nthe notice;\n(c) for a minor defect notice—\n(i) that corrective action must be taken by a stated time (the\ndue time); and\n(ii) that, after the due time, the vehicle must not be used on a\nroad unless corrective action has been taken;\n(ca) for a self-clearing defect notice—\n(i) that corrective action must be taken by a stated day (the\ndue day) not more than 28 days after the notice is issued;\nand\n(ii) that, after the due day, the vehicle must not be used on a\nroad unless corrective action has been taken;\n\n(d) the name of the vehicle’s driver if known by the authorised\nofficer issuing the notice when the notice is issued or, if the\ndriver is not present or the driver’s name is not known by the\nauthorised officer issuing the notice when the notice is issued,\nthe term ‘registered operator’;\n(e) details to identify the vehicle, including, for example—\n(i) the vehicle’s registration number, or if the vehicle is not\nregistered, a vehicle identifier of the vehicle; or\n(ii) the vehicle’s make and category;\n(f) the nature of the inspection that led to the notice being issued;\n(g) whether an infringement notice was also given when the notice\nwas issued;\n(h) the identification details for the authorised officer who issued\nthe notice;\n(i) the day and time the notice was issued;\n(j) for a major defect notice or minor defect notice—\n(i) that, if the notice is not cleared by the Regulator under\nsection 530, the vehicle’s registration may be suspended\nand subsequently cancelled by a registration authority\nunder an Australian road law; and\n(ii) any conditions imposed under subsection (2).\n(2) The authorised officer issuing a major defect notice or minor defect\nnotice may impose any conditions on the use of the defective heavy\nvehicle the officer considers appropriate for use of the vehicle on a\n(3) Any conditions imposed under subsection (2) are taken to form part\nof the vehicle defect notice concerned.\n\ncorrective action, for a vehicle, means action that stops—\n(a) the vehicle from being a defective heavy vehicle; or\n(b) a number plate of the vehicle being wholly or partly obscured,\ndefaced or otherwise not legible.\n","sortOrder":476},{"sectionNumber":"528","sectionType":"section","heading":"Defective vehicle labels","content":"528 Defective vehicle labels\n(1) If an authorised officer issues a major defect notice for a heavy\nvehicle, the authorised officer must attach a defective vehicle label to\n(2) If an authorised officer issues a minor defect notice for a heavy\nvehicle, the authorised officer may attach a defective vehicle label to\n(3) A person must not remove or deface a defective vehicle label attached\nto a heavy vehicle under subsection (1) or (2).\n(4) Subsection (3) does not apply to a person removing a defective\nvehicle label under section 530(2) or 531(5).\n","sortOrder":477},{"sectionNumber":"528A","sectionType":"section","heading":"Information not included in notice or label","content":"528A Information not included in notice or label\n(1) This section applies to information required to be included—\n(a) in a defective vehicle label under section 525, definition\ndefective vehicle label paragraph (b)(i); or\n(b) in a vehicle defect notice under section 527(1)(e).\n(2) The information need only be included if it is reasonably practicable\nand safe for the authorised officer to obtain the information.\n\n","sortOrder":478},{"sectionNumber":"529","sectionType":"section","heading":"Using heavy vehicles contrary to vehicle defect notice","content":"529 Using heavy vehicles contrary to vehicle defect notice\nA person must not use, or permit to be used, on a road a heavy vehicle\nin contravention of a vehicle defect notice.\n(a) for a major defect notice or minor defect notice—$6000; or\n(b) for a self-clearing defect notice—$3000.\n529AA Permission to use vehicle the subject of a self-clearing\n(1) An authorised officer may, on request made by the operator of a\nheavy vehicle that is the subject of a self-clearing defect notice, give\nwritten permission for the vehicle to be used on a road during a period\nstated in the permission.\n(2) The permission is subject to the condition that the vehicle will be used\nonly for the purpose of driving the vehicle to and from a place where\nrepairs are to be carried out.\n(3) The use of the vehicle under the permission, in accordance with the\ncondition, is not a contravention of the self-clearing defect notice.\n","sortOrder":479},{"sectionNumber":"529A","sectionType":"section","heading":"Permission to use vehicle the subject of a major or minor","content":"529A Permission to use vehicle the subject of a major or minor\n(1) An authorised officer may, on request made by the operator of a\nheavy vehicle that is the subject of a major defect notice or minor\ndefect notice, give written permission for the vehicle to be used on a\nroad during a period stated in the permission.\n(2) The authorised officer may give the permission only if—\n(a) the officer is satisfied—\n(i) the vehicle will be used only for the purpose of driving the\nvehicle to and from a place where repairs are to be carried\nout; and\n\n(ii) the use of the vehicle will not pose an imminent and serious\nsafety risk; and\n(iii) the request is necessary and reasonable; or\n(b) the officer is satisfied—\n(i) the relevant repairs have been carried out and the vehicle\nwill be taken within the stated period to be inspected for\nthe purpose of enabling the vehicle defect notice to be\ncleared under section 530; and\n(ii) the use of the vehicle will not pose a safety risk; and\n(iii) the request is necessary and reasonable.\n(3) For the purpose of subsection (2)(a)(ii) or (b)(ii), an authorised officer\nmay require evidence of adequate repairs or other measures.\n(4) The permission is subject to conditions that—\n(a) the use of the vehicle will be as mentioned in subsection (2)(a)(i)\nor (b)(i); and\n(b) in relation to the use of the vehicle mentioned in subsection\n(2)(a)(i)—the vehicle will not be used to carry goods or\npassengers.\n(5) The authorised officer may also impose other reasonable conditions\non the permission.\n(6) The use of the vehicle under the permission is not a contravention of\nthe vehicle defect notice.\n(7) The use of a vehicle in contravention of a condition under\nsubsection (4) or (5) is a contravention of the vehicle defect notice.\n\n","sortOrder":480},{"sectionNumber":"529B","sectionType":"section","heading":"Permitted use of vehicle the subject of a major or minor","content":"529B Permitted use of vehicle the subject of a major or minor\ndefect notice without permission of authorised officer\n(1) A heavy vehicle that is the subject of a major defect notice or minor\ndefect notice may be used on a road if—\n(a) the relevant repairs have been carried out; and\n(b) the vehicle is being taken to a place to be inspected for the\npurpose of enabling the major defect notice or minor defect\nnotice to be cleared under section 530; and\n(c) the vehicle is not carrying goods or passengers; and\n(d) the use of the vehicle does not pose a safety risk.\n(2) An authorised officer may require a driver of the heavy vehicle to\nproduce evidence of the relevant repairs to the authorised officer\nwithin a reasonable time, and in a reasonable way, stated by the\n(3) Subsection (1) stops applying to the vehicle if the driver fails to\ncomply with the requirement.\n(4) The use of the heavy vehicle under subsection (1) is not a\ncontravention of the vehicle defect notice.\n","sortOrder":481},{"sectionNumber":"530","sectionType":"section","heading":"Clearance of major or minor defect notices","content":"530 Clearance of major or minor defect notices\n(1) A major defect notice or minor defect notice may be cleared by the\nRegulator if—\n(a) the Regulator decides the vehicle is no longer a defective heavy\n(b) the Regulator receives a notice, in the approved form, from an\nauthorised officer stating that the heavy vehicle is no longer a\ndefective heavy vehicle.\n\n(2) If the Regulator clears a major defect notice or minor defect notice\napplying to a heavy vehicle, the Regulator must arrange for any\ndefective vehicle label for the vehicle to be removed from the vehicle.\n","sortOrder":482},{"sectionNumber":"531","sectionType":"section","heading":"Amendment or withdrawal of vehicle defect notices","content":"531 Amendment or withdrawal of vehicle defect notices\n(1) A vehicle defect notice issued in this jurisdiction by an authorised\nofficer who is a police officer may be amended or withdrawn by any\nauthorised officer who—\n(a) is a police officer of this jurisdiction; or\n(b) is a police officer of another jurisdiction if the Application Act\nof this jurisdiction permits this to be done; or\n(c) is not a police officer but is of a class of authorised officers for\nthe time being approved by the Regulator for the purposes of\nthis subsection.\n(2) A vehicle defect notice issued by an authorised officer who is not a\npolice officer may be amended or withdrawn by any authorised\nofficer who is of a class of authorised officers for the time being\napproved by the Regulator for the purposes of this subsection.\n(3) If an authorised officer amends or withdraws a vehicle defect notice\nfor a heavy vehicle, the officer must give notice of the amendment or\nwithdrawal to—\n(a) the Regulator; and\n(b) one of the following—\n(i) the person to whom the vehicle defect notice was given;\n(ii) the person in charge of the vehicle;\n(iii) the registered operator;\n(iv) if the vehicle is not registered—an owner.\n\n(4) If the person given the notice of amendment or withdrawal is not the\noperator of the vehicle, the person must, as soon as reasonably\npracticable, give the notice to the operator.\n(5) If an authorised officer withdraws a vehicle defect notice applying to\na heavy vehicle, the Regulator must arrange for the defective vehicle\nlabel for the vehicle to be removed from the vehicle.\n\n","sortOrder":483},{"sectionNumber":"Div 7","sectionType":"division","heading":"Further powers in relation to heavy","content":"Division 7 Further powers in relation to heavy\nvehicles concerning mass, dimension\n","sortOrder":484},{"sectionNumber":"532","sectionType":"section","heading":"Application of Div 7","content":"532 Application of Div 7\nThis Division applies to a heavy vehicle regardless of whether the\nvehicle is, has been, or becomes the subject of a direction or\nrequirement given or made by an authorised officer under another\nprovision of this Chapter.\n","sortOrder":485},{"sectionNumber":"533","sectionType":"section","heading":"Powers for minor risk breach of mass, dimension or","content":"533 Powers for minor risk breach of mass, dimension or\n(a) is the subject of 1 or more minor risk breaches of mass,\ndimension or loading requirements; and\n(b) is not, or is no longer, also the subject of a substantial, or severe,\nrisk breach of a mass, dimension or loading requirement.\n(2) If the authorised officer reasonably believes it appropriate in the\ncircumstances, the officer may direct the driver or operator of the\n(a) to immediately rectify stated breaches of mass, dimension or\nloading requirements relating to the vehicle; or\n(b) to move the vehicle, or cause it to be moved, to a stated place\nand not to move the vehicle, or cause it to be moved, from there\nuntil stated breaches of mass, dimension or loading\nrequirements relating to the vehicle are rectified.\nExamples of circumstances for the purposes of subsection (2)—\n1 Rectification is reasonable and can be carried out easily.\n\n2 Rectification is necessary in the public interest to avoid a safety risk, damage\nto road infrastructure or an adverse effect on public amenity.\n(3) A place mentioned in subsection (2)(b) must be—\n(a) a place the authorised officer reasonably believes is suitable for\nthe purpose of complying with the direction; and\n(b) within a 30km radius from—\n(i) where the heavy vehicle is located when the direction is\ngiven; or\n(ii) if the direction is given in the course of the heavy vehicle’s\njourney—any point along the forward route of the journey.\n(4) If the authorised officer does not give the driver or operator of a heavy\nvehicle a direction under subsection (2) and the authorised officer\nreasonably believes the driver or operator is not, or is no longer,\nsubject to a direction for the rectification of a minor risk breach of a\nmass, dimension or loading requirement relating to the vehicle, the\nofficer may authorise the driver or operator to continue the vehicle’s\njourney.\n(5) A direction given under subsection (2) must be in writing and may be\n(6) Despite subsection (5), a direction to move a heavy vehicle may be\n(7) The person to whom a direction is given under this section must\n\n","sortOrder":486},{"sectionNumber":"534","sectionType":"section","heading":"Powers for substantial risk breach of mass, dimension or","content":"534 Powers for substantial risk breach of mass, dimension or\n(a) a heavy vehicle is the subject of 1 or more substantial risk\nbreaches of mass, dimension or loading requirements; and\n(b) the heavy vehicle is not, or is no longer, also the subject of a\nsevere risk breach of a mass, dimension or loading requirement.\n(2) The authorised officer must direct the driver or operator of the heavy\n(a) not to move the vehicle until stated breaches of mass, dimension\nor loading requirements relating to the vehicle are rectified; or\n(b) to move the vehicle, or cause it to be moved, to a stated\nreasonable place and not to move it, or cause it to be moved,\nfrom there until stated breaches of mass, dimension or loading\nrequirements relating to the vehicle are rectified.\nExamples of reasonable place for the purposes of paragraph (b)—\n• the intended destination of the heavy vehicle’s journey\n• a depot of the heavy vehicle or, if the heavy vehicle is a combination, a depot\nof a vehicle in the combination\n• a weighbridge\n• a rest area\n• a place where the heavy vehicle can be loaded or unloaded\n(3) A direction given under subsection (2) must be in writing and may be\n(4) Despite subsection (3), a direction to move a heavy vehicle may be\n(5) The person to whom a direction is given under this section must\n\n","sortOrder":487},{"sectionNumber":"535","sectionType":"section","heading":"Powers for severe risk breach of mass, dimension or","content":"535 Powers for severe risk breach of mass, dimension or\nheavy vehicle is the subject of 1 or more severe risk breaches of mass,\ndimension or loading requirements.\n(2) The authorised officer must direct the driver or operator of the heavy\n(a) not to move the heavy vehicle until stated breaches of mass,\ndimension or loading requirements relating to the vehicle are\nrectified; or\n(b) if the prescribed circumstances exist—\n(i) to move the vehicle, or cause it to be moved, to the nearest\nstated safe location; and\n(ii) not to proceed from there until stated breaches of mass,\ndimension or loading requirements relating to the vehicle\nare rectified.\n(3) A direction given under subsection (2) must be in writing and may be\n(4) Despite subsection (3), a direction to move a heavy vehicle may be\n(5) The person to whom a direction is given under this section must\n\n(6) Nothing in this section prevents an authorised officer from taking into\naccount the safety of the heavy vehicle or any load in it if the officer\nreasonably believes the officer can do so without prejudicing the\nsafety of other property, people, the environment, road infrastructure\nor public amenity.\nprescribed circumstances means—\n(a) there is a risk of harm to public safety; or\n(b) there is an appreciable risk of harm to the environment, road\ninfrastructure or public amenity.\nrisk of harm to public safety, in relation to a heavy vehicle—\n(a) includes the risk of harm to the safety of people, or live animals,\nin the vehicle; but\n(b) does not include the risk of harm to the safety of the vehicle or\ngoods, other than a live animal, in the vehicle.\nsafe location means a location where the authorised officer\nreasonably believes the heavy vehicle will pose a reduced risk or no\nappreciable risk of harm to public safety, the environment, road\ninfrastructure or public amenity.\nExample of a safe location—\n• a depot of the heavy vehicle or, if the heavy vehicle is a combination, a depot\nof a vehicle in the combination\n• a weighbridge\n• a rest area\n• a place where the heavy vehicle can be loaded or unloaded\n\n","sortOrder":488},{"sectionNumber":"536","sectionType":"section","heading":"Operation of direction in relation to a combination","content":"536 Operation of direction in relation to a combination\n(1) This section applies if a direction is given under this Division in\nrelation to a heavy combination.\n(2) Subject to subsection (3), nothing in this Division prevents a\ncomponent vehicle of the heavy combination from being separately\ndriven or moved if—\n(a) the component vehicle is not itself the subject of a contravention\nof a mass, dimension or loading requirement; and\n(b) it is not otherwise unlawful for the component vehicle to be\ndriven or moved.\n(3) Subsection (2) does not apply if a condition of the direction prevents\nthe component vehicle from being separately driven or moved.\n\nDivision 8 Further powers in relation to fatigue-\nregulated heavy vehicles\n","sortOrder":489},{"sectionNumber":"537","sectionType":"section","heading":"Application of Div 8","content":"537 Application of Div 8\nThis Division applies to a fatigue-regulated heavy vehicle regardless\nof whether the vehicle is, has been, or becomes the subject of a\ndirection or requirement given or made by an authorised officer under\nanother provision of this Chapter.\n","sortOrder":490},{"sectionNumber":"538","sectionType":"section","heading":"Requiring driver to rest for contravention of maximum","content":"538 Requiring driver to rest for contravention of maximum\nwork requirement\ndriver of a fatigue-regulated heavy vehicle has contravened a\nmaximum work requirement by working for a period in excess of the\nmaximum work time allowed under the requirement.\n(2) If the authorised officer reasonably believes the contravention is a\ncritical risk breach or severe risk breach, the authorised officer must,\nby notice, require the driver—\n(a) to immediately rest for a stated period in accordance with a\nminimum rest requirement applying to the driver; and\n(b) to work for a stated shorter period when the driver next works\nto compensate for the excess period worked.\n(3) If the authorised officer reasonably believes the contravention is a\nsubstantial risk breach or minor risk breach, the authorised officer\nmay, by notice, require the driver—\n(a) to immediately rest for a stated period in accordance with a\nminimum rest requirement applying to the driver; and\n(b) to work for a stated shorter period when the driver next works\nto compensate for the excess period worked.\n\n(4) If the authorised officer imposes a requirement under subsection (2)\nor (3), the authorised officer must record details of the requirement in\nthe driver’s work diary.\n","sortOrder":491},{"sectionNumber":"539","sectionType":"section","heading":"Requiring driver to rest for contravention of minimum","content":"539 Requiring driver to rest for contravention of minimum\nrest requirement\ndriver of a fatigue-regulated heavy vehicle has contravened a\nminimum rest requirement by resting for a period shorter than the\nminimum rest time required under the requirement.\n(2) If the authorised officer reasonably believes the contravention is a\ncritical risk breach or severe risk breach, the authorised officer must,\nby notice, require the driver—\n(a) to immediately rest for a stated period to compensate for the\nshortfall between the period of rest the driver had and the\nminimum rest time required under the minimum rest\nrequirement; and\n(b) if the driver has failed to have 1 or more night rest breaks\nrequired under a minimum rest requirement—to have 1 or more\nnight rest breaks to compensate for the shortfall between the\nnumber of night rest breaks the driver had and the number of\nnight rest breaks required under the minimum rest requirement.\n\n(3) If the authorised officer reasonably believes the contravention is a\nsubstantial risk breach or minor risk breach, the authorised officer\nmay, by notice, require the driver—\n(a) to immediately rest for a stated period to compensate for the\nshortfall between the period of rest the driver had and the\nminimum rest time required under the minimum rest\n(b) to rest for an additional stated period, at the next rest break the\ndriver is required to have under a maximum work requirement\nor minimum rest requirement, to compensate for the shortfall\nbetween the period of rest the driver had and the minimum rest\ntime required under the minimum rest requirement; or\n(c) if the driver has failed to have 1 or more night rest breaks\nrequired under a minimum rest requirement—to have 1 or more\nnight rest breaks to compensate for the shortfall between the\nnumber of night rest breaks the driver had and the number of\nnight rest breaks required under the minimum rest requirement.\n(4) If the authorised officer imposes a requirement under subsection (2)\nor (3), the authorised officer must record the details of the\nrequirement in the driver’s work diary.\n","sortOrder":492},{"sectionNumber":"540","sectionType":"section","heading":"Requiring driver to stop working if impaired by fatigue","content":"540 Requiring driver to stop working if impaired by fatigue\ndriver of a fatigue-regulated heavy vehicle is impaired by fatigue.\n(2) The authorised officer may, by notice—\n(a) require the driver to immediately stop work and not work again\nfor a stated period; and\n\n(b) if the officer has observed the driver driving in a way the officer\nconsiders on reasonable grounds to be dangerous, require the\ndriver to also immediately stop being in control of the fatigue-\nregulated heavy vehicle.\n(3) A stated period under subsection (2)(a) must be a reasonable period\nhaving regard to the matters prescribed for the purposes of this section\nby the national regulations.\n(4) If the authorised officer imposes a requirement under\nsubsection (2)(a), the authorised officer must record details of the\nrequirement in the driver’s work diary.\n(5) If the authorised officer imposes a requirement under\nsubsection (2)(b), the authorised officer may authorise a person to\nmove the fatigue-regulated heavy vehicle to a suitable rest place for\nfatigue-regulated heavy vehicles but only if the person is qualified\nand fit to drive the vehicle.\n(6) The national regulations may prescribe the matters to which the\nauthorised officer, or a court, must or may have regard when deciding\nwhether or not a person was impaired by fatigue for the purposes of\n\n","sortOrder":493},{"sectionNumber":"541","sectionType":"section","heading":"Requiring driver to stop working if work diary not","content":"541 Requiring driver to stop working if work diary not\nproduced or unreliable\n(a) an authorised officer has, under section 568, asked the driver of\na fatigue-regulated heavy vehicle to produce a work diary the\ndriver is required to keep under this Law; and\n(i) the driver has failed to produce the diary without a\nreasonable excuse; or\n(ii) the driver produces a document that the authorised officer\nreasonably believes is not the work diary the driver is\nrequired to keep under this Law; or\n(iii) the authorised officer reasonably believes the work diary,\nor purported work diary, produced by the driver can not be\nrelied on as an accurate record of the time the driver\nrecently spent working or resting.\nExamples for the purposes of subparagraph (iii)—\n• Information in the work diary appears to be incorrect.\n• Particular information appears to be missing from the work diary.\n• The work diary appears to have been tampered with.\n(2) The authorised officer may, by notice, require the driver to\nimmediately stop work and to not work again for a stated period of\nup to 24 hours.\n\n","sortOrder":494},{"sectionNumber":"542","sectionType":"section","heading":"Compliance with requirement under this Division","content":"542 Compliance with requirement under this Division\n(1) A person given a notice under this Division must comply with the\nnotice, unless the person has a reasonable excuse.\n(2) An authorised officer who gives a person a notice under section 538,\n539 or 541 may, by stating it in the notice, allow the person to delay\ncomplying with the notice for a period of up to 1 hour if the authorised\n(a) the delay is necessary to allow the person time to drive the\nrelevant fatigue-regulated heavy vehicle to the nearest suitable\nrest place for fatigue-regulated heavy vehicles and it is\nreasonably safe to allow the person to continue driving the\nvehicle to that place; or\n(b) the delay is necessary to allow the person time to attend to, or to\nsecure, the load on the relevant fatigue-regulated heavy vehicle\nbefore resting.\n\nPowers relating to equipment Division 1\n","sortOrder":495},{"sectionNumber":"543","sectionType":"section","heading":"Power to use equipment to access information","content":"543 Power to use equipment to access information\n(a) a thing found at a place, or in a vehicle, entered by an authorised\nofficer under this Chapter is, or includes, a disc, tape or other\ndevice used for storing information (the storage device); and\n(b) equipment at the place, or in the vehicle, may be used with the\nstorage device to access information on the storage device; and\n(c) the authorised officer reasonably believes information stored on\nthe storage device may be relevant for deciding whether this\nLaw is being complied with.\n(2) The authorised officer, or a person helping the officer, may operate\nthe equipment to access the information.\n(3) A person may operate equipment under subsection (2) only if the\nperson reasonably believes the operation can be carried out without\ndamaging the equipment.\nSee section 548 for action an authorised officer may take if the officer, or\na person helping the officer, finds a disc, tape or other device containing\ninformation the officer reasonably believes is relevant for deciding\nwhether this Law has been contravened.\nequipment, at a place or in a vehicle, includes equipment taken into\nthe place or vehicle by the authorised officer.\n\n","sortOrder":496},{"sectionNumber":"544","sectionType":"section","heading":"Power to use equipment to examine or process a thing","content":"544 Power to use equipment to examine or process a thing\n(1) An authorised officer, or a person helping an authorised officer, may\noperate equipment at a place, or in a vehicle, entered under this\nChapter to examine or process a thing found at the place, or in the\nvehicle, in order to decide whether it is a thing that may be seized\nunder this Chapter.\n(2) Also, for a heavy vehicle entered under section 521, an authorised\nofficer, or a person helping the authorised officer, may, for deciding\nwhether a thing may be seized under section 547—\n(a) operate equipment in the vehicle to examine or process the\nthing; or\n(b) move the thing to another place if it is not practicable to examine\nor process the thing where it is found, or the vehicle’s driver\nconsents in writing, and operate equipment at that place to\nexamine or process the thing.\n(3) However, subsections (1) and (2) only apply if the authorised officer\nor person reasonably believes—\n(a) the equipment is suitable for exercising the power; and\n(b) the power can be exercised without damaging the equipment or\nthing.\nequipment, at a place or in a vehicle, includes equipment taken into\nthe place or vehicle by the authorised officer.\n\nSubdivision 1 Power to seize\n","sortOrder":497},{"sectionNumber":"545","sectionType":"section","heading":"Seizing evidence at a place that may be entered without","content":"545 Seizing evidence at a place that may be entered without\nconsent or warrant\nAn authorised officer who enters a place the officer may enter under\nthis Chapter without the consent of its occupier and without a warrant\nmay seize a thing at the place if the officer reasonably believes the\nthing is evidence of an offence against this Law.\n","sortOrder":498},{"sectionNumber":"546","sectionType":"section","heading":"Seizing evidence at a place that may be entered only with","content":"546 Seizing evidence at a place that may be entered only with\nconsent or warrant\n(a) an authorised officer is authorised to enter a place only with the\nconsent of an occupier at the place or a warrant; and\n(b) the authorised officer enters the place after obtaining the\nnecessary consent or under a warrant.\n(2) If the authorised officer enters the place with the occupier’s consent,\nthe officer may seize a thing at the place if—\n(a) the officer reasonably believes the thing is evidence of an\noffence against this Law; and\n(b) seizure of the thing is consistent with the purpose of entry as\nexplained to the occupier when asking for the occupier’s\n(3) If the authorised officer enters the place under a warrant, the officer\nmay seize the evidence for which the warrant was issued.\n(4) The authorised officer may also seize anything else at the place if the\n(a) the thing is evidence of an offence against this Law; and\n\n(b) the seizure is necessary to prevent the thing being—\n(i) hidden, lost or destroyed; or\n(ii) used to continue, or repeat, the offence.\n","sortOrder":499},{"sectionNumber":"547","sectionType":"section","heading":"Seizing evidence in a heavy vehicle entered under s 521","content":"547 Seizing evidence in a heavy vehicle entered under s 521\nAn authorised officer who enters a heavy vehicle under section 521\nmay seize a thing in the heavy vehicle if the officer reasonably\nbelieves the thing is evidence of an offence against this Law.\n","sortOrder":500},{"sectionNumber":"548","sectionType":"section","heading":"Additional seizure power relating to information stored","content":"548 Additional seizure power relating to information stored\nelectronically\n(1) This section applies if, under this Chapter, an authorised officer, or a\nperson helping an authorised officer—\n(a) enters a place or heavy vehicle; and\n(b) finds a disc, tape or other device used for storing information\n(the original information storage device) containing\ninformation the authorised officer reasonably believes is\nrelevant for deciding whether this Law has been contravened.\n(2) The authorised officer or person may—\n(a) put the information in documentary form and seize the\ndocument; or\n(b) copy the information from the original information storage\ndevice to another information storage device and seize the other\ninformation storage device; or\n(c) seize the original information storage device and any equipment\nat the place or in the vehicle necessary for accessing the\ninformation contained in the device if—\n(i) it is not practicable to take action, at the place or in the\nvehicle, under paragraph (a) or (b) in relation to the\ninformation; and\n\n(ii) the officer or person reasonably believes the device and\nequipment can be seized without being damaged.\n","sortOrder":501},{"sectionNumber":"549","sectionType":"section","heading":"Seizing thing or sample taken for examination under s","content":"549 Seizing thing or sample taken for examination under s\nAn authorised officer who takes a thing or sample for examination\nunder section 500(1)(c) may, after examining it, seize the thing or\nsample if—\n(a) the officer reasonably believes the thing or sample is evidence\nof an offence against this Law; and\n(b) had the officer had the reasonable belief when the thing or\nsample was taken, the officer could have seized the thing or the\nthing from which the sample was taken under section 545 to 548.\n","sortOrder":502},{"sectionNumber":"550","sectionType":"section","heading":"Seizure of property subject to security","content":"550 Seizure of property subject to security\n(1) An authorised officer may seize a thing under this Chapter, and\nexercise powers relating to the thing, despite a lien or other security\nover it claimed by another person.\n(2) However, the seizure does not affect the other person’s claim to the\nlien or other security against a person other than the authorised officer\nor a person helping the officer.\n","sortOrder":503},{"sectionNumber":"551","sectionType":"section","heading":"Seizure of number plates","content":"551 Seizure of number plates\n(1) Without limiting any other provision of this Chapter, a power under\nthis Chapter for an authorised officer to seize a thing includes a power\nto seize a number plate for a heavy vehicle under subsection (2) or\n(3).\n(2) An authorised officer may seize a number plate (whether or not\ndisplayed on a heavy vehicle) if the officer reasonably believes—\n(a) that the number plate is being used other than in accordance with\nan Australian road law; or\n\n(b) that the number plate was not issued in accordance with an\nAustralian road law.\n(3) An authorised officer may seize a number plate if it is displayed on a\nheavy vehicle and the officer reasonably believes—\n(a) that the number plate does not bear the registration number last\nassigned to the vehicle; or\n(b) that—\n(i) the vehicle is not registered or exempted from registration;\nand\n(ii) the period during which the registration of the vehicle may\nbe renewed has expired.\n(4) An authorised officer may retain—\n(a) a number plate seized under subsection (2) until the officer is\nsatisfied that it was not being so used and that it was issued in\naccordance with an Australian road law; or\n(b) a number plate seized under subsection (3) until the officer is\nsatisfied that circumstances exist that allow it to be used without\nbeing subject to retention under this subsection.\n(5) An authorised officer must return a number plate seized under\nsubsection (2) or (3) to—\n(a) the driver or operator of the vehicle, if the officer is satisfied as\nto the relevant matters referred to in subsection (4); or\n(b) an appropriate authority, if the officer is not satisfied as to those\nmatters after a reasonable period.\n(6) The national regulations may prescribe, or prescribe guidelines for\ndetermining, an appropriate authority for the purposes of\nsubsection (5).\n\n","sortOrder":504},{"sectionNumber":"552","sectionType":"section","heading":"Restriction on power to seize certain things","content":"552 Restriction on power to seize certain things\n(1) This Chapter does not authorise an authorised officer to seize—\n(a) a heavy vehicle; or\n(b) a thing, or a thing of a class, prescribed by the national\nregulations.\n(2) Subsection (1) does not apply if the Application Act of the\nparticipating jurisdiction in which the vehicle or thing is located\nprovides that the heavy vehicle or thing can be impounded or seized\nunder a law of that jurisdiction.\nSubdivision 2 Powers to support seizure\n","sortOrder":505},{"sectionNumber":"553","sectionType":"section","heading":"Requirement of person in control of thing to be seized","content":"553 Requirement of person in control of thing to be seized\n(1) To enable a thing to be seized under this Chapter, an authorised\nofficer may require the person in control of it—\n(a) to take it to a stated reasonable place by a stated reasonable time;\nand\n(b) if necessary, to remain in control of it at the stated place for a\nstated reasonable period.\n(2) The requirement—\n(a) must be made by notice; or\n(b) if for any reason it is not practicable to give a notice, may be\nmade orally and confirmed by notice as soon as practicable.\n(3) A person of whom a requirement is made under this section must\n\nSubdivision 3 Safeguards for seized things or samples\n","sortOrder":506},{"sectionNumber":"554","sectionType":"section","heading":"Receipt for seized thing or sample","content":"554 Receipt for seized thing or sample\n(1) This section applies if an authorised officer seizes a thing or sample\nunder this Chapter unless—\n(a) it is impracticable or unreasonable for the officer to account for\nthe thing or sample given its condition, nature and value; or\n(b) for a thing seized other than under section 549—the officer\nreasonably believes there is no-one apparently in possession of\nthe thing or the thing has been abandoned.\n(2) The authorised officer must, as soon as practicable after the thing or\nsample is seized, give the relevant person for the thing or sample a\nreceipt that generally describes the thing or sample and its condition.\n(3) However, for a thing seized other than under section 549, if a relevant\nperson for the thing is not present when the thing is seized, the receipt\nmay be given by leaving it in a conspicuous position and in a\nreasonably secure way at the place at which the thing was seized.\n(4) The receipt may relate to more than 1 seized thing.\nrelevant person means—\n(a) for a thing or sample seized under section 549—\n(i) an owner of the thing or sample; or\n(ii) a person in possession of the thing, or the thing from which\nthe sample was taken, before the thing or sample was taken\nfor examination under section 500(1)(c); or\n\n(b) for a thing seized under this Chapter other than under\nsection 549—\n(i) an owner of the thing; or\n(ii) a person in possession of the thing before it was seized.\n","sortOrder":507},{"sectionNumber":"555","sectionType":"section","heading":"Access to seized thing","content":"555 Access to seized thing\n(1) Until a thing seized under this Chapter is forfeited or returned, the\nauthorised officer who seized the thing must allow any owner of the\nthing—\n(a) to inspect it at any reasonable time and from time to time; and\n(b) if it is a document—to copy it.\n(2) Subsection (1) does not apply if it is impracticable or would be\nunreasonable to allow the inspection or copying.\n(3) The inspection or copying must be allowed free of charge.\n","sortOrder":508},{"sectionNumber":"556","sectionType":"section","heading":"Return of seized things or samples","content":"556 Return of seized things or samples\n(a) an authorised officer has seized a thing or sample under this\nChapter; and\n(b) the thing or sample is not forfeited under Division 3.\n(2) If an authorised officer is satisfied that—\n(a) the thing or sample is not required (or is no longer required) as\n(b) the continued retention of the thing or sample is not necessary\nto prevent the thing or sample being used to continue, or repeat,\nan offence against this Law; and\n\n(c) the thing or sample is not subject to a dispute as to ownership,\nwhich would be appropriately resolved by making an\napplication under subsection (3) for the return of the thing or\nsample;\nthe authorised officer must exercise reasonable diligence to return the\nthing or sample to the person from whom it was seized or to the owner\nif that person is not entitled to possess it.\n(3) An application for the return of the thing or sample may be made to\nthe relevant tribunal or court by—\n(a) the person from whom it was seized; or\n(b) a person who claims to be the owner; or\n(c) an authorised officer.\n(4) If the relevant tribunal or court is satisfied that—\n(a) the thing or sample is not required (or is no longer required) as\n(b) the continued retention of the thing or sample is not necessary\nto prevent the thing or sample being used to continue, or repeat,\nan offence against this Law; and\n(c) there are no reasonable grounds to suspect that the thing or\nsample is likely to be used by any person in the commission of\nan offence of a kind prescribed by the national regulations for\nthe purposes of this subsection;\nthe relevant tribunal or court may make an order for the return of the\nthing or sample to the person from whom it was seized or to the owner\nif that person is not entitled to possess it.\n\n(5) The national regulations may—\n(a) provide for the procedures to be followed when an application\nis made under subsection (3); and\n(b) without limiting paragraph (a)—\n(i) provide for the notification of the Regulator or an\nauthorised officer (or both) of the making of the application\nif it is made by a person who is not an authorised officer;\nand\n(ii) specify the information that is to be included in the\nnotification.\n(6) Nothing in this section affects a lien or other security over a thing.\n(7) Nothing in this section prevents the return of a thing or sample to its\nowner at any time if the Regulator considers there is no reason for its\ncontinued retention.\nSubdivision 4 Embargo notices\n","sortOrder":509},{"sectionNumber":"557","sectionType":"section","heading":"Power to issue embargo notice","content":"557 Power to issue embargo notice\n(a) an authorised officer may seize a thing under this Chapter; and\n(b) the thing can not, or can not readily, be physically seized and\nremoved.\n(2) The authorised officer may issue a notice (an embargo notice) under\nthis section prohibiting any dealing with the thing or any part of it\nwithout the written consent of the Regulator or an authorised officer.\n(3) The embargo notice—\n(a) must be in the approved form; and\n(b) must list the activities it prohibits; and\n\n(c) must include a copy of section 558.\n(4) The authorised officer may issue the embargo notice—\n(a) by causing a copy of it to be served on the relevant entity; or\n(b) if a relevant entity can not be located after the authorised officer\nexercises reasonable diligence to do so, by fixing a copy of the\nnotice on the thing the subject of the notice in a conspicuous\nposition and in a reasonably secure way.\ndealing, with a thing or part of a thing, includes—\n(a) moving, selling, leasing or transferring the thing or part; and\n(b) changing information on, or deleting information from, the thing\nor part.\nrelevant entity, for an embargo notice, means—\n(a) the driver of the heavy vehicle to which the thing the subject of\nthe notice relates; or\n(b) the occupier of the place in which the thing the subject of the\nnotice is located.\n","sortOrder":510},{"sectionNumber":"558","sectionType":"section","heading":"Noncompliance with embargo notice","content":"558 Noncompliance with embargo notice\n(1) A person (the relevant person) who knows an embargo notice relates\nto a thing must not—\n(a) do anything the notice prohibits; or\n(b) instruct someone else (the other person) to do anything the\nnotice prohibits—\n(i) anyone from doing; or\n(ii) the relevant person or other person from doing.\n\n(2) In a proceeding for an offence against subsection (1) to the extent it\nrelates to a charge that the person charged with the offence\n(defendant) moved an embargoed thing, or a part of an embargoed\nthing, it is a defence for the defendant to prove that he or she—\n(a) moved the embargoed thing, or part, to protect or preserve it;\nand\n(b) notified the authorised officer who issued the embargo notice of\nthe move and new location of the embargoed thing, or part,\nwithin 48 hours after the move.\n(3) A person served with an embargo notice must ensure, so far as is\nreasonably practicable, another person does not do anything\nprohibited by the notice.\n(4) Despite any other Act or law, a sale, lease, transfer or other dealing\nwith an embargoed thing in contravention of this section is void.\n","sortOrder":511},{"sectionNumber":"559","sectionType":"section","heading":"Power to secure embargoed thing","content":"559 Power to secure embargoed thing\n(1) An authorised officer may take reasonable action to restrict access to\nan embargoed thing.\n(2) For the purposes of subsection (1), the authorised officer may, for\n(a) seal the embargoed thing, or the entrance to the place where the\nembargoed thing is located, and mark the thing or place to show\naccess to the thing or place is restricted; or\n(b) for equipment—make it inoperable; or\ndismantling equipment or removing a component of equipment without which the\nequipment can not be used\n\n(c) require a person the authorised officer reasonably believes is in\ncontrol of the embargoed thing, or the place where the\nembargoed thing is located, to do an act mentioned in\nparagraph (a) or (b) or anything else an authorised officer could\ndo under subsection (1).\n(3) A person of whom a requirement is made under subsection (2)(c)\n(4) If access to an embargoed thing is restricted under this section, a\nperson must not tamper with the thing or with anything used to restrict\naccess to the thing without—\n(a) an authorised officer’s approval; or\n(b) a reasonable excuse.\n(5) If access to a place is restricted under this section, a person must not\nenter the place in contravention of the restriction or tamper with\nanything used to restrict access to the place without—\n(a) an authorised officer’s approval; or\n(b) a reasonable excuse.\n(6) The restricted access to an embargoed thing, or a place where an\nembargoed thing is located, under this section applies only for the\nperiod the thing is an embargoed thing.\n\n","sortOrder":512},{"sectionNumber":"560","sectionType":"section","heading":"Withdrawal of embargo notice","content":"560 Withdrawal of embargo notice\n(a) an authorised officer has issued an embargo notice for a thing;\nand\n(b) the thing has not been forfeited under Division 3.\n(2) The authorised officer must withdraw the embargo notice—\n(a) generally—at the end of 3 months after it is issued; or\n(b) if a relevant tribunal or court has made an order under subsection\n(5) extending the time for withdrawing the notice—at the end of\nthe extended time; or\n(c) if a proceeding for an offence involving the thing is started\nbefore the notice must be withdrawn under paragraph (a) or\n(b)—at the end of the proceeding and any appeal from the\n(3) Despite subsection (2), if the embargo notice is issued on the basis\nthat the thing may provide evidence of an offence against this Law,\nthe authorised officer must as soon as practicable withdraw the notice\nif the officer is satisfied—\n(a) the thing is no longer required as evidence of an offence against\n(b) it is not necessary for the notice to continue to prevent the thing\nbeing used to continue, or repeat, the offence.\n(4) An authorised officer may apply to a relevant tribunal or court within\n3 months after the embargo notice is issued for an extension of the\ntime by which the notice must be withdrawn under this section.\n(5) The relevant tribunal or court may order the extension if it is satisfied\nthe continued operation of the embargo notice is necessary for\ninvestigation purposes.\n\n","sortOrder":513},{"sectionNumber":"561","sectionType":"section","heading":"Power to forfeit particular things or samples","content":"561 Power to forfeit particular things or samples\n(1) If, under this Chapter, a thing or sample is taken for examination by\nan authorised officer or a person authorised by an authorised officer,\nor a thing or sample is seized by an authorised officer, the Regulator\nmay decide it is forfeited to the Regulator if an authorised officer—\n(a) after making reasonable inquiries, can not find its owner; or\n(b) after making reasonable efforts, can not return it to its owner.\n(2) However, the authorised officer is not required to—\n(a) make inquiries if it would be unreasonable to make inquiries to\nfind the owner; or\n(b) make efforts if it would be unreasonable to make efforts to return\nthe thing or sample to its owner.\nExample for the purposes of paragraph (b)—\nthe owner of the thing or sample has migrated to another country\n(3) Regard must be had to the thing’s or sample’s condition, nature and\nvalue in deciding—\n(a) whether it is reasonable to make inquiries or efforts; and\n(b) if inquiries or efforts are made—what inquiries or efforts,\nincluding the period over which they are made, are reasonable.\n(4) A thing or sample seized under this Chapter by a police officer can\nnot be forfeited to the Regulator but must be dealt with under—\n(a) the national regulations, except as provided by paragraph (b); or\n(b) applicable legislation of the relevant State or Territory.\n\nForfeiture and transfers Division 3\n","sortOrder":514},{"sectionNumber":"562","sectionType":"section","heading":"Information notice for forfeiture decision","content":"562 Information notice for forfeiture decision\n(1) If the Regulator decides under section 561(1) to forfeit a thing or\nsample, the Regulator must as soon as practicable give an information\nnotice for the decision to—\n(a) the person from whom the thing or sample was seized; and\n(b) the person who was the owner of the thing or sample\nimmediately before the forfeiture; and\n(c) each person having a registered interest in the thing or sample.\n(2) The information notice may be given—\n(a) by post; or\n(b) in the case of the person from whom the thing or sample was\nseized, by leaving the notice in a conspicuous position and in a\nreasonably secure way at—\n(i) for a thing or sample taken for examination, whether or not\nit is seized under section 549—the place where the thing or\nsample was taken; or\n(ii) for a thing or sample seized under this Chapter other than\nunder section 549—the place where the thing or sample\nwas seized.\n(3) However, subsection (2)(b) does not apply if the place is—\n(a) a public place; or\n(b) a place where the notice is unlikely to be read by the person for\nwhom it is intended.\n\n","sortOrder":515},{"sectionNumber":"563","sectionType":"section","heading":"Forfeited or transferred thing or sample becomes","content":"563 Forfeited or transferred thing or sample becomes\nproperty of the Regulator\nA thing or sample becomes the property of the Regulator if—\n(a) the thing or sample is forfeited to the Regulator under\nsection 561(1); or\n(b) the owner of the thing or sample and the Regulator agree, in\nwriting, to the transfer of the ownership of the thing or sample\n","sortOrder":516},{"sectionNumber":"564","sectionType":"section","heading":"How property may be dealt with","content":"564 How property may be dealt with\n(1) This section applies if, under section 563, a thing or sample becomes\nthe property of the Regulator.\n(2) The Regulator may take action under this section after giving 28 days’\nnotice of the intention to do so to—\n(a) the person from whom the thing or sample was seized; and\n(b) the person who was the owner of the thing or sample\nimmediately before the forfeiture; and\n(c) each person having a registered interest in the thing or sample.\n(3) The Regulator may deal with the thing or sample as the Regulator\nconsiders appropriate, including, for example, by destroying it or\ngiving it away.\n(4) The Regulator must not deal with the thing or sample in a way that\ncould prejudice the outcome of a review of the decision to forfeit the\nthing or sample, or an appeal against the decision on that review,\n(5) If the Regulator sells the thing or sample, the Regulator may, after\ndeducting the costs of the sale, return the proceeds of the sale to the\nperson who was the owner of the thing or sample immediately before\nthe forfeiture.\n\nForfeiture and transfers Division 3\n","sortOrder":517},{"sectionNumber":"565","sectionType":"section","heading":"Third party protection","content":"565 Third party protection\n(1) This section applies if, under section 563, a thing or sample becomes\nthe property of the Regulator and applies to the following parties—\n(a) the owner of the thing or sample, except where the owner gave\nconsent under section 563(b);\n(b) a person who has a registered interest in the thing or sample.\n(2) A party mentioned in subsection (1) may apply to a relevant tribunal\nor court for an order—\n(a) that ownership of the thing or sample be transferred to the\napplicant, if the applicant had full ownership of the thing or\nsample immediately before the thing or sample became the\nproperty of the Regulator under section 561; or\n(b) that, if the applicant had a registered interest in the thing or\nsample immediately before it became the property of the\n(i) the thing or sample be sold; and\n(ii) the Regulator pay to the applicant, and any other persons\nwith a registered interest in the thing or sample, an amount\ncommensurate with the value of their respective interest.\n(3) If the thing or sample has been sold or otherwise disposed of, the\nRegulator must pay to—\n(a) an applicant who had a registered interest in the thing or sample\nimmediately before the thing or sample was sold or otherwise\ndisposed of, an amount commensurate with the value of the\napplicant’s interest; or\n(b) an applicant who was an owner of the thing or sample, the\namount obtained through its sale or disposal.\n\n(4) Leave of the relevant tribunal or court is required to bring an\napplication if 6 months or more have elapsed since the thing or sample\nbecame the property of the Regulator.\n(5) The relevant tribunal or court may grant leave under subsection (4)\nonly if it is satisfied that the delay in making the application was not\ndue to the applicant’s neglect.\n(6) The relevant tribunal or court may make an order—\n(a) declaring the nature, extent and, if necessary for the order, the\nvalue (at the time the declaration is made) of the applicant’s\nregistered interest; and\n(b) directing the Regulator—\n(i) if the thing or sample is vested in the Regulator and the\napplicant has full ownership of the thing or sample, to\ntransfer ownership of the thing or sample to the applicant;\nor\n(ii) if the thing or sample is no longer vested in the Regulator,\nor if the applicant does not have full ownership of the thing\nor sample, to pay to the applicant the value of the\napplicant’s registered interest in the thing or sample.\n(7) The relevant tribunal or court may make an order under subsection (6)\nonly if it is satisfied that the offence with respect to which the thing\nor sample was seized occurred without the knowledge or consent of\nthe applicant.\n(8) Any amount to be paid under this section is to be paid out of the\nproceeds (if any) of the sale of the thing or sample.\n(9) The Regulator may deduct any reasonable costs incurred in dealing\nwith the thing or sample from an amount ordered to be paid under this\n\n","sortOrder":518},{"sectionNumber":"566","sectionType":"section","heading":"National regulations","content":"566 National regulations\nThe national regulations may prescribe—\n(a) the circumstances in which the Regulator must apply to the\nRegistrar of Personal Property Securities under the Personal\nProperty Securities Act 2009 of the Commonwealth to register,\namend or cancel an instrument in relation to a sample or thing\nreferred to in this Division; and\n(b) the priority in which the proceeds of the disposal of anything\nunder this Division are to be applied.\n","sortOrder":519},{"sectionNumber":"567","sectionType":"section","heading":"Power to require name, address and date of birth","content":"567 Power to require name, address and date of birth\n(1) This section applies if an authorised officer—\n(a) finds a person committing an offence against this Law; or\n(b) finds a person in circumstances that lead the officer to\nreasonably suspect the person has committed an offence against\n(c) has information that leads the officer to reasonably suspect a\nperson has committed an offence against this Law; or\n(d) reasonably suspects a person is or was the driver of or other\nperson in charge of a heavy vehicle that has been or may have\nbeen involved in an incident involving the death of, or injury to,\na person or damage to property; or\n(e) reasonably suspects a person is or may be a responsible person\nfor a heavy vehicle; or\n(f) reasonably suspects a person is or may be able to help in the\ninvestigation of an offence against this Law.\n(2) The authorised officer may require the person to state the person’s\nname, address and date of birth.\n\n(3) The authorised officer may also require the person to give evidence\nof the correctness of the stated name, address or date of birth if—\n(a) the officer reasonably suspects that the stated name, address or\ndate of birth is incorrect; and\n(b) in the circumstances, it would be reasonable to expect the person\nto—\n(i) be in possession of evidence of the correctness of the stated\nname, address or date of birth; or\n(ii) otherwise be able to give the evidence.\n(4) A person of whom a requirement is made under subsection (2) or (3)\n(5) If a person of whom a requirement is made under subsection (2) or\n(3) requests, when the requirement is made, the authorised officer to\nproduce the officer’s identification details, the officer must as soon as\npracticable produce for the inspection of the person—\n(6) Subsection (5)(a) does not apply to a police officer in uniform.\n(7) In a proceeding for an offence of contravening a requirement made\nunder subsection (2) to state a business address, it is a defence for the\nperson charged to prove that—\n(a) the person did not have a business address; or\n\n(b) the person’s business address was not connected, directly or\nindirectly, with road transport involving heavy vehicles.\n(8) This section does not authorise an authorised officer to impose a\nrequirement under this section in relation to an incident that involves\nthe death of, or injury to, a person unless the authorised officer is a\npolice officer.\naddress, of a person, includes the person’s residential and business\naddress and, for a person temporarily in this jurisdiction, includes the\nplace where the person is living in this jurisdiction.\n","sortOrder":520},{"sectionNumber":"568","sectionType":"section","heading":"Power to require production of document etc. required to","content":"568 Power to require production of document etc. required to\nbe in driver’s possession\n(1) This section applies if a heavy vehicle—\n(a) is stationary on a road; or\n(b) is in or at a place entered by an authorised officer under Part 9.2;\nor\n(c) has been stopped under section 513.\n(2) An authorised officer may, for compliance purposes, require the\ndriver of the heavy vehicle to produce for inspection by the officer—\n(a) if the driver is required by another law of this jurisdiction to keep\ntheir driver licence in their possession while driving the\nvehicle—the driver’s driver licence; or\n\n(b) a document, device or other thing the driver is required under\nthis Law to keep in the driver’s possession while driving the\n• a copy of a Commonwealth Gazette notice or permit\n• a work diary\n(3) A person of whom a requirement is made under subsection (2) must\n(a) for a requirement under paragraph (2)(a)—$6000; or\n(b) for a requirement under paragraph (2)(b)—an amount equal to\nthe amount of the maximum penalty for an offence of failing to\nkeep the document, device or other thing in the driver’s\npossession.\n(4) It is not a reasonable excuse for the person to fail to comply with a\nrequirement made under subsection (2)—\n(a) that the person does not have the licence, document, device or\nother thing in his or her immediate possession; or\n(b) that complying with the requirement might tend to incriminate\nthe person or make the person liable to a penalty.\n(5) The authorised officer may—\n(a) take a copy of, or an extract from, a licence or document\nmentioned in subsection (2); or\n\n(b) produce an image or writing from a document mentioned in\nsubsection (2) that is an electronic document; or\n(c) take an extract from a device or other thing mentioned in\nsubsection (2), including, for example—\n(ii) by accessing and downloading information from the device\nor other thing; or\n(d) seize a document, device or other thing mentioned in subsection\n(2) if the authorised officer reasonably believes the document,\ndevice or other thing may provide evidence of an offence against\n(6) If, under subsection (5), the authorised officer copies, takes an extract\nfrom, or produces an image or writing from, a licence or document or\nan entry in a document, the officer may require the person responsible\nfor keeping the licence or document to certify the copy as a true copy\nof the licence, document or entry.\n(7) A person of whom a requirement is made under subsection (6) must\n(8) If a licence, document, device or other thing is produced to an\nauthorised officer under this section and it is not seized under\nsubsection (5)(d), the officer must return it to the person who\nproduced it—\n(a) as soon as practicable after the officer inspects it; or\n(b) if the officer takes a copy of, extract from, or produces an image\nor writing from, it under subsection (5)(a), (b) or (c), as soon as\npracticable after the copy or extract is taken or the image or\nwriting is produced.\n\n(9) However, if a requirement is made of the person under subsection (6)\nfor a document, the authorised officer may keep the document until\nthe person complies with the requirement.\n","sortOrder":521},{"sectionNumber":"569","sectionType":"section","heading":"Power to require production of documents etc. generally","content":"569 Power to require production of documents etc. generally\n(1) An authorised officer may require a responsible person for a heavy\nvehicle to make available for inspection by an authorised officer, or\nto produce to an authorised officer for inspection, at a reasonable time\nand place nominated by the officer—\n(a) a document issued to the person under this Law; or\n(b) a document, device or other thing required to be kept by the\nperson under this Law or a heavy vehicle accreditation; or\n(c) transport documentation or journey documentation in the\nperson’s possession or under the person’s control; or\n(d) a document in the person’s possession or under the person’s\ncontrol relating to—\n(i) the use, performance or condition of a heavy vehicle; or\n(ii) the ownership, insurance, licensing or registration of a\nheavy vehicle; or\n(iii) the load or equipment carried or intended to be carried by\na heavy vehicle, including, for example, a document\nrelating to insurance of the load or equipment; or\n(e) a document in the person’s possession or under the person’s\ncontrol relating to any business practices; or\n\n(f) a document in the person’s possession or under the person’s\ncontrol showing that a heavy vehicle’s garage address recorded\non a vehicle register, however named, kept under another\nAustralian road law is or is not the vehicle’s actual garage\naddress.\n(2) A person of whom a requirement is made under subsection (1) must\n(3) If, under subsection (1), an authorised officer requires a responsible\nperson to make available or produce an electronic document—\n(a) the authorised officer may require the responsible person to\nmake available or produce—\n(i) a printed copy of the electronic document; or\n(ii) an electronic copy of the document; and\n(b) compliance with the requirement made under subsection (1)\nrequires the making available or production of the document in\nthe way required under paragraph (a).\n1 See the definitions document and printed in section 12 of Schedule\n1.\n2 Section 17 of Schedule 1 and section 490 also deal with the\nproduction of documents and other information kept electronically.\n\n(4) It is not a reasonable excuse for the person to fail to comply with a\nrequirement made under subsection (1) that complying with the\nrequirement might tend to incriminate the person or make the person\n1 Section 587 also deals with self-incrimination when complying\nwith a requirement of an authorised officer.\n2 Section 588 deals with the admissibility of information provided in\ncomplying with a requirement under this section.\n(5) The authorised officer may—\n(a) take a copy of, or an extract from, a document mentioned in\nsubsection (1); or\n(b) produce an image or writing from a document mentioned in\nsubsection (1) that is an electronic document; or\n(c) take an extract from a device or other thing mentioned in\nsubsection (1)(b), including, for example—\n(ii) by accessing and downloading information from the device\nor other thing; or\n(d) seize a document, device or other thing mentioned in subsection\n(1) if the authorised officer reasonably believes the document,\ndevice or other thing may provide evidence of an offence against\n(6) If, under subsection (5), the authorised officer copies, takes an extract\nfrom, or produces an image or writing from, a document or an entry\nin a document, the officer may require the person responsible for\nkeeping the document to certify the copy as a true copy of the\ndocument or entry.\n\n(7) A person of whom a requirement is made under subsection (6) must\n(8) If a document, device or other thing is produced to an authorised\nofficer under this section and it is not seized under subsection (5)(d),\nthe officer must return it to the person who produced it—\n(a) as soon as practicable after the officer inspects it; or\n(b) if the officer takes a copy of, extract from, or produces an image\nor writing from, it under subsection (5)(a), (b) or (c), as soon as\npracticable after the copy or extract is taken or the image or\nwriting is produced.\n(9) However, if a requirement is made of the person under subsection (6)\nfor a document, the authorised officer may keep the document until\nthe person complies with the requirement.\n","sortOrder":522},{"sectionNumber":"570","sectionType":"section","heading":"Power to require information about heavy vehicles","content":"570 Power to require information about heavy vehicles\n(1) An authorised officer may, for compliance purposes, require a\nresponsible person for a heavy vehicle to give the officer—\n(a) information about the vehicle or any load or equipment carried\nor intended to be carried by the vehicle; or\n(b) personal details known to the responsible person about any other\nresponsible person for the vehicle; or\n(c) personal details known to the responsible person about anyone\nelse the responsible person reasonably believes holds\ninformation about the heavy vehicle.\n\n(2) Without limiting subsection (1), a responsible person who is\nassociated with a particular vehicle may be required to provide\ninformation about a past, current or intended journey of the vehicle,\nincluding, for example, the following—\n(a) the location of the start or intended start of the journey;\n(b) the route or intended route of the journey;\n(c) the location of the destination or intended destination of the\njourney.\n(2A) An authorised officer requiring personal details under\nsubsection (1)(c) must give the responsible person a notice stating—\n(a) that the requirement is made under this section; and\n(b) that failing to comply with the requirement is an offence; and\n(c) the time, that is reasonable in the circumstances, in which the\nperson must give the personal details; and\n(d) the effect of subsection (5A) and section 735A.\n(3) A person of whom a requirement is made under subsection (1) must\n(4) Without limiting what may be a reasonable excuse for the purposes\nof subsection (3), in a proceeding for an offence of contravening a\nrequirement under subsection (1), it is a defence for the person\ncharged to prove that the person did not know, and could not be\nreasonably expected to know or ascertain, the required information.\n\n(5) It is not a reasonable excuse for a person to fail to comply with a\nrequirement made under subsection (1) that complying with the\nrequirement might tend to incriminate the person or make the person\n(5A) However, the following information is not admissible as evidence\nagainst an individual in a civil or criminal proceeding, other than a\nproceeding for false or misleading information—\n(a) information, other than information in the form of a document,\nthat the individual gives in complying with a requirement under\nsubsection (1)(c);\n(b) information that is directly or indirectly derived from\ninformation to which paragraph (a) applies.\nSection 588 deals with the admissibility of information provided in\ncomplying with a requirement under subsection (1)(a) and (b).\npersonal details, about a responsible person, means—\n(a) the person’s name; or\n(b) the person’s residential address or business address.\nresponsible person, for a heavy vehicle, for the exercise of a power\nunder this section in relation to a speeding offence, does not include—\n(a) a person mentioned in section 5, definition responsible person,\nparagraph (i), (j), (k) or (n); or\nThose paragraphs deal with persons who pack, load or unload goods or\ncontainers, and owners and operators etc. of weighbridges or weighbridge\nfacilities.\n\n(b) an employer, employee, agent or subcontractor of that person.\nspeeding offence means an offence committed by the driver of a\nheavy vehicle because the driver exceeded a speed limit applying to\nthe driver.\n","sortOrder":523},{"sectionNumber":"570A","sectionType":"section","heading":"Requiring information","content":"570A Requiring information\n(1) This section applies if an authorised officer reasonably believes that\na person is capable of giving information, providing documents or\ngiving evidence—\n(a) in relation to a possible contravention of—\n(i) a safety duty; or\n(ii) a duty of an executive under section 26D; or\n(b) that will assist the authorised officer to monitor or enforce\ncompliance with—\n(i) a safety duty; or\n(ii) a duty of an executive under section 26D.\n(2) The authorised officer may, by notice, require the person to give the\ninformation, documents or evidence to the authorised officer.\n(3) If the authorised officer, despite reasonable diligence, has not been\nable to obtain the information, documents or evidence under\nsubsection (2), the authorised officer may, by notice given to the\nperson, require the person to do either or both of the following—\n(a) give information or produce documents to the authorised officer\nwithin the time and in the way stated in the notice;\n\n(b) appear before a person appointed by the authorised officer on a\nday, and at a time and place, stated in the notice and give oral\nevidence.\n(4) The notice must state—\n(a) that—\n(i) the requirement is made under this section; and\n(ii) failing to comply with the requirement is an offence; and\n(b) if the notice requires the person to give information or produce\ndocuments to the authorised officer—the time and way, that is\nreasonable in the circumstances, in which the person must give\nthe information or documents; and\n(c) if the notice requires the person to give oral evidence—\n(i) the day, time and place, that is reasonable in the\ncircumstances, for the person to appear before the person\nappointed by the authorised officer; and\n(ii) that the person may appear with an Australian legal\npractitioner; and\n(d) the effect of—\n(i) subsections (7) and (8); and\n(ii) section 735A.\n(5) The person must comply with a requirement under this section, unless\nthe person has a reasonable excuse.\n\n(6) It is not a reasonable excuse for the person to fail to comply with a\nrequirement made under this section on the ground that complying\nwith the requirement might tend to incriminate the person or make\nthe person liable to a penalty.\n(7) However, the following information, documents and evidence are not\nadmissible as evidence against an individual in a civil or criminal\nproceeding, other than a proceeding for false or misleading\ninformation—\n(a) information, documents and evidence that the individual gives\nin complying with a requirement under this section;\n(b) information, documents and evidence that is directly or\nindirectly derived from information, documents or evidence\nmentioned in paragraph (a).\n(8) An authorised officer may act under this section only if—\nthis section; or\nofficer may act under this section.\n\nImprovement notices Division 5\n","sortOrder":524},{"sectionNumber":"571","sectionType":"section","heading":"Authorised officers to whom Division applies","content":"571 Authorised officers to whom Division applies\n(1) This Division applies to an authorised officer who is a police officer\nonly if the police officer has the relevant police commissioner’s\nwritten authority to issue improvement notices under this Division.\n(2) This Division applies to an authorised officer who is not a police\nofficer only if the officer’s instrument of appointment provides that\nthe authorised officer may issue improvement notices under this\nDivision.\n","sortOrder":525},{"sectionNumber":"572","sectionType":"section","heading":"Improvement notices","content":"572 Improvement notices\nperson has contravened or is contravening a provision of this Law in\ncircumstances that make it likely that the contravention will continue\nor be repeated.\n(2) The authorised officer may give the person a notice (an improvement\nnotice) requiring the person to take action within a stated period to\nstop the contravention from continuing or occurring again or to\nremedy the matters or activities occasioning the contravention.\n(3) The period stated in the improvement notice within which the person\nis required to comply with the notice must be at least 7 days after the\nnotice is given unless the authorised officer is satisfied it is reasonable\nto require the person to comply with the notice in a shorter period\nbecause—\n(a) it is reasonably practicable for the person to comply with the\nnotice within the shorter period; and\n(b) requiring the person to comply with the notice within the shorter\nperiod is not likely to involve—\n(i) a higher cost to the person to comply with the notice; or\n(ii) a more adverse effect on the person’s business operations.\n\n(4) The improvement notice must be in the approved form and state the\n(a) that the authorised officer reasonably believes the person has\ncontravened or is contravening a provision of this Law in\ncircumstances that make it likely that the contravention will\ncontinue or be repeated;\n(b) the reasons for that belief;\n(c) the provision of this Law in relation to which that belief is held;\n(d) that the person must take action within a stated period to stop\nthe contravention from continuing or occurring again or to\nremedy the matters or activities occasioning the contravention;\n(e) the review and appeal information for the decision to give the\nnotice;\n(f) that the notice is given under this section.\n(5) The improvement notice may state the way the action is to be taken.\n","sortOrder":526},{"sectionNumber":"573","sectionType":"section","heading":"Contravention of improvement notice","content":"573 Contravention of improvement notice\n(1) A person given an improvement notice must comply with the notice,\nunless the person has a reasonable excuse.\n(2) In a proceeding for an offence against subsection (1), it is a defence\nfor the person charged to prove that the alleged contravention, or the\nmatters or activities occasioning the alleged contravention, were\nremedied within the period stated in the improvement notice, though\nin a way different to that stated in the notice.\n\nImprovement notices Division 5\n(3) A person who is given an improvement notice in relation to a\ncontravention of a provision of this Law can not be proceeded against\nfor an offence constituted by the contravention unless—\n(a) the person fails to comply with the improvement notice and does\nnot have a reasonable excuse for the noncompliance; or\n(b) the improvement notice is revoked under section 575.\n","sortOrder":527},{"sectionNumber":"574","sectionType":"section","heading":"Amendment of improvement notice","content":"574 Amendment of improvement notice\n(1) An improvement notice given by an authorised officer who is a police\nofficer may be amended by any authorised officer who is a police\nofficer and who has the relevant police commissioner’s written\nauthority to issue improvement notices under this Division.\n(2) An improvement notice given by an authorised officer who is not a\npolice officer may be amended by any authorised officer who is not a\npolice officer.\n(3) An amendment of an improvement notice given to a person is\nineffective to the extent it purports to deal with a contravention of a\ndifferent provision of this Law to that dealt with in the improvement\nnotice when first given.\n(4) If an authorised officer decides to amend an improvement notice\ngiven to a person, the officer must give the person notice of the\namendment stating the following—\n(a) the amendment;\n(b) the reasons for the amendment;\n(c) the review and appeal information for the decision to amend the\nimprovement notice.\nSection 23 of Schedule 1 allows for the amendment of an improvement\n\n","sortOrder":528},{"sectionNumber":"575","sectionType":"section","heading":"Revocation of an improvement notice","content":"575 Revocation of an improvement notice\n(1) An improvement notice given to a person by an authorised officer\nwho is a police officer may be revoked, by giving notice of the\nrevocation to the person, by—\n(a) the relevant police commissioner; or\n(b) an authorised officer who—\n(i) is a police officer; and\n(ii) has the relevant police commissioner’s written authority to\nissue improvement notices under this Division; and\n(iii) is more senior in rank to the police officer who gave the\nnotice to the person.\n(2) An improvement notice given to a person by an authorised officer\nwho is not a police officer may be revoked by the Regulator by giving\nnotice of the revocation to the person.\n(3) Section 23 of Schedule 1 does not apply in relation to the revocation\nof the improvement notice.\n","sortOrder":529},{"sectionNumber":"576","sectionType":"section","heading":"Clearance certificate","content":"576 Clearance certificate\n(1) An approved authorised officer may issue a certificate (a clearance\ncertificate) stating that all or stated requirements of an improvement\nnotice have been complied with.\n(2) If a person to whom an improvement notice is given receives a\nclearance certificate about the improvement notice, each requirement\nof the improvement notice that the certificate states has been\ncomplied with stops being operative.\n\nProhibition notices Division 5A\napproved authorised officer means—\n(a) for an improvement notice given by an authorised officer who is\na police officer—any authorised officer who is a police officer\nand who has the relevant police commissioner’s written\nauthority to issue improvement notices under this Division; or\n(b) for an improvement notice given by an authorised officer who is\nnot a police officer—any authorised officer who is not a police\n","sortOrder":530},{"sectionNumber":"576A","sectionType":"section","heading":"Power to issue prohibition notice","content":"576A Power to issue prohibition notice\n(1) This section applies if an authorised officer reasonably believes that\nan activity involving a heavy vehicle—\n(a) is occurring and involves, or will involve, an immediate or\nimminent serious risk to the health or safety of a person; or\n(b) may occur and, if it occurs, will involve an immediate or\nimminent serious risk to the health or safety of a person.\n(2) The authorised officer may give a person who has control over the\nactivity a direction prohibiting the carrying on of the activity, or the\ncarrying on of the activity in a specified way, until an authorised\nofficer is satisfied that the matters that give or will give rise to the risk\nhave been remedied.\n(3) The direction may be given orally, but must be confirmed by written\nnotice (a prohibition notice) given to the person as soon as\n\n","sortOrder":531},{"sectionNumber":"576B","sectionType":"section","heading":"Contents of prohibition notice","content":"576B Contents of prohibition notice\n(1) A prohibition notice must state—\n(a) that the authorised officer believes that grounds for the issue of\nthe prohibition notice exist and the basis for that belief; and\n(b) briefly, the activity that the authorised officer believes involves\nor will involve the risk and the matters that give or will give rise\nto the risk; and\n(c) the provision of this Law that the authorised officer believes is\nbeing, or is likely to be, contravened by that activity.\n(2) A prohibition notice may include directions on the measures to be\ntaken to remedy the risk, activities or matters to which the notice\nrelates, or the contravention or likely contravention mentioned in\nsubsection (1)(c).\n(3) Without limiting section 576A, a prohibition notice that prohibits the\ncarrying on of an activity in a specified way may do so by stating 1\nor more of the following—\n(a) a heavy vehicle, or part of a heavy vehicle, in which the activity\nis not to be carried out;\n(b) anything that is not to be used in connection with the activity;\n(c) any procedure that is not to be followed in connection with the\nactivity.\n","sortOrder":532},{"sectionNumber":"576C","sectionType":"section","heading":"Compliance with prohibition notice","content":"576C Compliance with prohibition notice\nA person given a direction under section 576A(2) or a prohibition\nnotice must comply with the direction or notice.\n\nInjunctions Division 5B\nDivision 5B Injunctions\n576D Application of Div 5B\nnotice means an improvement notice or a prohibition notice.\n576E Injunction for noncompliance with notice\n(1) An authorised officer may apply to the Supreme Court for an\ninjunction—\n(a) compelling a person to comply with a notice; or\n(b) restraining a person from contravening a notice.\n(2) The authorised officer may do so—\n(a) whether or not a proceeding has been brought for an offence\nagainst this Law in connection with any matter in relation to\nwhich the notice was issued; and\n(b) whether any period for compliance with the notice has expired.\n(3) An authorised officer may make an application under this section\nonly if—\nthe relevant police commissioner’s written authority to make the\napplication; or\nofficer may make the application.\n\n","sortOrder":533},{"sectionNumber":"577","sectionType":"section","heading":"Power to require reasonable help","content":"577 Power to require reasonable help\n(1) An authorised officer who enters a place under this Chapter may\nrequire an occupier of the place or a person at the place to give the\nofficer reasonable help to exercise a power under this Chapter.\n(2) An authorised officer who is exercising a power under this Chapter\nin relation to a heavy vehicle on a road may require the vehicle’s\ndriver to give the officer reasonable help to exercise the power.\n(3) Without limiting subsection (1) or (2), a requirement under the\nsubsection may be that the occupier, person or driver—\n(a) produce a document or give information to the authorised\nofficer; or\nThe authorised officer wishes to obtain information relating to the purpose of the\nentry. Information of that type is stored or recorded on a computer at the place. The\nauthorised officer may require the occupier to give reasonable help to produce a\nreproduction of the information from the computer.\n(b) help the authorised officer to find and gain access to a document\nor information, including electronically stored information; or\nExamples of documents or information—\n• a document about the heavy vehicle’s performance, specifications (including\nthe dimensions and other physical attributes of the vehicle or its fittings),\nfunctional capabilities (including the vehicle’s GVM, GCM and speed\ncapabilities) or authorised operations required to be kept in the vehicle under\nthis Law or a heavy vehicle accreditation\n• a weighing document for a container loaded on to the heavy vehicle\n• a telephone record\n\nPower to require reasonable help Division 6\n(c) help the authorised officer to weigh or measure—\n(i) a heavy vehicle or a component of a heavy vehicle; or\n(ii) the whole or part of a heavy vehicle’s load or equipment;\nor\n(d) start or stop the engine of a heavy vehicle under section 523; or\n(e) help the authorised officer to operate equipment or facilities for\na purpose relevant to the power being or proposed to be\nexercised; or\n(f) provide access free of charge to photocopying equipment for the\npurpose of copying any records or other material.\n(4) A person of whom a requirement is made under subsection (1) or (2)\n(5) Without limiting what may be a reasonable excuse for the purposes\nof subsection (4), it is a reasonable excuse for a person not to comply\nwith a requirement made under subsection (1) or (2) if doing so would\nrequire the person to take action that is outside the scope of the\nbusiness or other activities of the person.\n(6) It is not a reasonable excuse for a person to fail to comply with a\nrequirement made under subsection (1) or (2), in relation to a\ndocument or information that is the subject of the requirement, if\ndoing so might tend to incriminate the person or make the person\n1 Section 587 also deals with self-incrimination when complying\nwith a requirement of an authorised officer.\n2 Section 588 deals with the admissibility of information provided in\ncomplying with a requirement under this section.\n\n(7) If a requirement made under subsection (1) or (2) is that the occupier\nof, or person at, a place start or stop the engine of a heavy vehicle—\n(a) it is immaterial that the occupier or person is not—\n(i) the operator of the vehicle; or\n(ii) authorised by the operator to drive the vehicle or start or\nstop its engine; or\n(iii) qualified to drive the vehicle or start or stop its engine; and\n(b) in starting or stopping the engine of the vehicle in compliance\nwith the requirement, the occupier or person is exempt from a\nprovision of an Australian road law to the extent the provision\nwould require the occupier or person to be qualified to start or\nstop the engine.\n\nDamage in exercising powers Division 1\nPart 9.5 Provisions about exercise of\npowers\n","sortOrder":534},{"sectionNumber":"578","sectionType":"section","heading":"Duty to minimise inconvenience or damage","content":"578 Duty to minimise inconvenience or damage\n(1) In exercising a power under this Law, an authorised officer must\nexercise reasonable diligence to cause as little inconvenience, and do\nas little damage, as possible.\n(2) Subsection (1) does not provide for a statutory right of compensation\nother than as provided under Division 2.\nDivision 2 provides for compensation for costs, damage or loss incurred\nbecause of the exercise of a power by an authorised officer under this\nChapter.\n","sortOrder":535},{"sectionNumber":"579","sectionType":"section","heading":"Restoring damaged thing","content":"579 Restoring damaged thing\n(a) an authorised officer damages something when exercising, or\npurporting to exercise, a power under this Law and the damage\nwas caused by an improper or unreasonable exercise of the\npower or the use of unauthorised force; or\n(b) a person (the assistant) acting under the direction or authority of\nan authorised officer damages something and the damage was\ncaused by an improper or unreasonable exercise of a power or\nthe use of unauthorised force.\n(2) The authorised officer must exercise reasonable diligence to restore\nthe thing to the condition it was in immediately before the officer\nexercised the power, or the assistant took action under the officer’s\ndirection or authority.\n\n","sortOrder":536},{"sectionNumber":"580","sectionType":"section","heading":"Notice of damage","content":"580 Notice of damage\n(a) an authorised officer damages something when exercising, or\npurporting to exercise, a power under this Law; or\n(b) a person (the assistant) acting under the direction or authority of\nan authorised officer damages something.\n(2) However, this section does not apply to damage if the authorised\n(a) the thing has been restored to the condition it was in immediately\nbefore the officer exercised the power, or the assistant took\naction under the officer’s direction or authority; or\n(b) the damage is trivial; or\n(c) there is no-one apparently in possession of the thing; or\n(d) the thing has been abandoned; or\n(e) the damage was not caused by an improper or unreasonable\nexercise of a power or the use of unauthorised force.\n(3) The authorised officer must give notice of the damage to the person\nwho appears to the officer to be an owner, or person in control, of the\nthing.\n(4) However, if for any reason it is not practicable to comply with\nsubsection (3), the authorised officer must—\n(a) leave the notice at the place where the damage happened; and\n(b) ensure it is left in a conspicuous position and in a reasonably\nsecure way.\n\nCompensation Division 2\n(5) The notice must state—\n(a) particulars of the damage; and\n(b) that the person who suffered the damage may claim\ncompensation under section 581.\n(6) If the authorised officer believes the damage was caused by a latent\ndefect in the thing or circumstances beyond the control of the officer\nor the assistant the officer may state the belief in the notice.\n(7) The authorised officer may delay complying with subsection (3) or\n(4) if the officer reasonably suspects complying with the subsection\nmay frustrate or otherwise hinder an investigation by the officer under\n(8) The delay may be only for so long as the authorised officer continues\nto have the reasonable suspicion and remains in the vicinity of the\nplace.\nDivision 2 Compensation\n","sortOrder":537},{"sectionNumber":"581","sectionType":"section","heading":"Compensation because of exercise of powers","content":"581 Compensation because of exercise of powers\n(1) A person may claim compensation from the Regulator if the person\nincurs costs, damage or loss because of the exercise, or purported\nexercise, of a power by or for an authorised officer, including costs,\ndamage or loss incurred because of compliance with a requirement\nmade of the person under this Chapter.\n(2) However, subsection (1) does not apply—\n(a) to costs, damage or loss incurred because of a lawful seizure or\nforfeiture; or\n(b) if the costs, damage or loss was not caused by an improper or\nunreasonable exercise of a power or the use of unauthorised\nforce.\n\nDivision 3 Provision about exercise of particular powers\n(3) The compensation may be claimed and ordered in a proceeding—\n(a) brought in a court with jurisdiction for the recovery of the\namount of compensation claimed; or\n(b) for an offence against this Law in relation to which the power\nwas exercised or purportedly exercised.\n(4) A court may order the payment of compensation only if it is satisfied\nit is just to make the order in the circumstances of the particular case.\n(5) In considering whether it is just to order compensation, the court must\nhave regard to any relevant offence committed by the claimant.\n(6) The national regulations may prescribe other matters that may, or\nmust, be taken into account by the court when considering whether it\nis just to order compensation.\nDivision 3 Provision about exercise of particular\npowers\n","sortOrder":538},{"sectionNumber":"582","sectionType":"section","heading":"Duty to record particular information in driver’s work","content":"582 Duty to record particular information in driver’s work\ndiary\n(1) This section applies if, under this Law, an authorised officer directs\nthe driver of a fatigue-regulated heavy vehicle to stop the vehicle for\ncompliance purposes.\n(2) If, for the exercise or purported exercise of a power under this Law,\nthe authorised officer detains the driver for 5 minutes or longer, the\ndriver may ask the officer to record the following details in the\ndriver’s work diary—\n(a) the officer’s identifying details;\n(b) the time, date and place at which the driver stopped the heavy\nvehicle in compliance with the officer’s direction;\n(c) the length of time the driver spent talking to the officer in the\nexercise or purported exercise of a power under this Law.\n\nProvision about exercise of particular powers Division 3\n(3) The authorised officer must comply with the request.\n(4) An authorised officer complies with subsection (2)(a) by recording\neither his or her name, or his or her identification number.\n\n","sortOrder":539},{"sectionNumber":"583","sectionType":"section","heading":"Regulator may exercise powers of authorised officers","content":"583 Regulator may exercise powers of authorised officers\n(1) The Regulator may exercise a power that is conferred on authorised\nofficers under this Law, and accordingly the functions of the\nRegulator include the powers exercisable by the Regulator under this\nsubsection.\n(2) Subsection (1) does not apply to a power that requires the physical\npresence of an authorised officer.\nDivision 2 Other offences relating to authorised\nofficers\n","sortOrder":540},{"sectionNumber":"584","sectionType":"section","heading":"Obstructing authorised officer","content":"584 Obstructing authorised officer\n(1) A person must not obstruct—\n(a) an authorised officer, or someone helping an authorised officer,\nexercising a power under this Law; or\n(b) an assistant mentioned in section 518, 519 or 523 exercising a\npower under that section.\nobstruct includes assault, hinder, resist, attempt to obstruct and\nthreaten to obstruct.\n","sortOrder":541},{"sectionNumber":"585","sectionType":"section","heading":"Impersonating authorised officer","content":"585 Impersonating authorised officer\nA person must not impersonate an authorised officer.\n\nMiscellaneous provisions Part 9.6\nOther provisions Division 3\n","sortOrder":542},{"sectionNumber":"586","sectionType":"section","heading":"Multiple requirements","content":"586 Multiple requirements\nAn authorised officer may—\n(a) on the same occasion—\n(i) give more than 1 direction or notice to, or make more than\n1 requirement of, a person under a provision of this\nChapter; or\n(ii) give a direction or notice to, or make a requirement of, a\nperson under a provision of this Chapter and give a\ndirection to, or make a requirement of, the person under 1\nor more other provisions of this Chapter; or\n(b) give a direction or notice to, or make a requirement of, a person\nunder a provision and give a further direction or notice to, or\nmake a further requirement of, the person under the same\nprovision; or\n(ba) give a notice to a person in relation to a heavy vehicle under a\nprovision of this Chapter and give a notice to a person in relation\nto the same heavy vehicle under the same provision or 1 or more\nother provisions of this Chapter; or\n(c) make a combination of directions, notices or requirements under\nparagraph (a)(i) or (ii), (b) or (ba).\n","sortOrder":543},{"sectionNumber":"587","sectionType":"section","heading":"Compliance with particular requirements","content":"587 Compliance with particular requirements\n(1) A person is not excused from compliance with a requirement imposed\nby an authorised officer under this Chapter on the ground that\ncompliance might incriminate the person or make the person liable to\na penalty.\n(2) Subsection (1) has effect subject to section 588.\n\n","sortOrder":544},{"sectionNumber":"588","sectionType":"section","heading":"Evidential immunity for individuals complying with","content":"588 Evidential immunity for individuals complying with\nparticular requirements\n(1) This section applies to a requirement made by an authorised officer\nunder section 569(1)(c) to (f), 570(1)(a) and (b) or 577.\n(2) The following is not admissible in evidence against an individual in\na criminal proceeding (except a proceeding for an offence against this\nChapter)—\n(a) information, other than information in the form of a document,\nthat the individual gives in complying with the requirement;\n(b) information that is directly or indirectly derived from\ninformation to which paragraph (a) applies.\n(3) Any document produced by an individual in compliance with the\nrequirement is not inadmissible in evidence against the individual in\na criminal proceeding on the ground that the document might\nincriminate the individual.\n(4) Subsection (2) does not apply to a proceeding about the false or\nmisleading nature of anything in the information or in which the false\nor misleading nature of the information is relevant evidence.\n","sortOrder":545},{"sectionNumber":"589","sectionType":"section","heading":"Effect of withdrawal of consent to enter under this","content":"589 Effect of withdrawal of consent to enter under this\nChapter\n(a) an authorised officer enters a place with the occupier’s consent\nand has obtained evidence at the place; but\n(b) the occupier’s consent is later withdrawn.\n(2) The evidence obtained (including any evidence seized) up to the time\nthe consent is withdrawn is not invalid or inadmissible in proceedings\nfor a contravention of this Law merely because the consent was\nwithdrawn.\n\nFormal warnings Part 10.1\n","sortOrder":546},{"sectionNumber":"Part 10","sectionType":"part","heading":"Sanctions and provisions","content":"Chapter 10 Sanctions and provisions\nabout liability for offences\n","sortOrder":547},{"sectionNumber":"590","sectionType":"section","heading":"Formal warning","content":"590 Formal warning\n(a) a person has contravened this Law; and\n(b) the person had exercised reasonable diligence to prevent the\ncontravention and was unaware of the contravention; and\n(c) the contravention may appropriately be dealt with by way of a\nwarning under this section.\n(2) The authorised officer may give the person a written warning.\n(3) However, a warning must not be given for—\n(a) a contravention of a mass, dimension or loading requirement\nconstituting a substantial risk breach or severe risk breach; or\n(b) a contravention of a maximum work requirement or a minimum\nrest requirement constituting a substantial risk breach, severe\nrisk breach or a critical risk breach.\n(4) Subject to subsection (6), if a warning is given to a person under this\nsection for a contravention of this Law, the person can not be\nproceeded against for an offence against this Law constituted by the\ncontravention.\n(5) A warning given under this section may, within 21 days after it is\ngiven, be withdrawn by an approved authorised officer by giving the\nperson to whom the warning was given notice of the withdrawal.\n\n(6) After a warning given under this section is withdrawn under\nsubsection (5), a proceeding may be taken against the person to whom\nthe warning was given for the contravention for which the warning\nwas given.\napproved authorised officer means—\n(a) for a warning given under this section by an authorised officer\nwho is a police officer—an authorised officer who is a police\nofficer and who has the relevant police commissioner’s written\nauthority to withdraw warnings given under this section; or\n(b) for a warning given under this section by an authorised officer\nwho is not a police officer—an authorised officer whose\ninstrument of appointment provides that the authorised officer\nmay withdraw warnings given under this section.\nproceeding includes action by way of an infringement notice.\n\nEnforceable undertakings Part 10.1A\n","sortOrder":548},{"sectionNumber":"590A","sectionType":"section","heading":"Accepting undertaking","content":"590A Accepting undertaking\n(1) This section applies if a person contravenes or is alleged to have\ncontravened this Law, other than section 26F.\n(2) The Regulator or an authorised officer (the promisee) may accept an\nundertaking made by the person in relation to the contravention or\nalleged contravention.\n(3) The undertaking must be in the approved form.\n(4) The promisee may accept the undertaking only if the promisee\nreasonably believes the undertaking will ensure the person complies\nwith this Law.\n(5) The promisee may accept the undertaking at any time before the\nproceeding for the contravention, or alleged contravention, ends.\n(6) If the promisee accepts an undertaking before the proceeding ends,\nthe promisee must use reasonable diligence to have the proceeding\ndiscontinued as soon as possible.\n(7) The promisee must give the person written notice of—\n(a) the promisee’s decision to accept or reject the undertaking; and\n(8) If the promisee decides to accept the undertaking and the promisee is\nnot the Regulator, the promisee must give the following documents\nto the Regulator within 28 days after accepting the undertaking—\n(a) a copy of the undertaking;\n(b) a statement of the reasons for the promisee’s decision to accept\nthe undertaking.\n\n(9) The Regulator must publish the following information on the\nRegulator’s website—\n(a) a promisee’s decision to accept an undertaking under this\nsection;\n(10) An authorised officer may act under this section only if—\nthis section; or\nofficer may act under this section.\n","sortOrder":549},{"sectionNumber":"590B","sectionType":"section","heading":"Effect of undertaking","content":"590B Effect of undertaking\n(1) An undertaking takes effect—\n(a) when the promisee gives notice of the decision to accept the\nundertaking to the person who made the undertaking; or\n(b) at a later time stated in the notice.\n(2) While the undertaking is in effect, the person must comply with the\n(3) If the person complies with the undertaking, no proceeding for the\ncontravention or alleged contravention may be taken against the\n(4) The offer to make, or the making of, an undertaking is not an\nadmission of guilt by the person offering to make, or making, the\n\nEnforceable undertakings Part 10.1A\n","sortOrder":550},{"sectionNumber":"590C","sectionType":"section","heading":"Withdrawing or changing undertaking","content":"590C Withdrawing or changing undertaking\n(1) The person who made an undertaking may, at any time, with the\nwritten agreement of the promisee—\n(a) withdraw the undertaking; or\n(b) change the undertaking.\n(2) However, the provisions of the undertaking may not be changed to\nprovide for a different contravention or alleged contravention of this\nLaw.\n(3) If the promisee is not the Regulator, the promisee must give notice of\nthe withdrawal or change of the undertaking to the Regulator.\n(4) The Regulator must publish notice of the withdrawal or change on the\n","sortOrder":551},{"sectionNumber":"590D","sectionType":"section","heading":"Contravening undertaking","content":"590D Contravening undertaking\n(1) The promisee may apply to a relevant tribunal or court for an order if\nthe person who made an undertaking fails to comply with the\n(2) If the relevant tribunal or court is satisfied the person has failed to\ncomply with the undertaking, the relevant tribunal or court, as well as\nimposing any penalty, may make—\n(a) an order directing the person to comply with the undertaking; or\n(b) an order discharging the undertaking.\n(3) Also, the relevant tribunal or court may make any other order that the\ntribunal or court considers appropriate in the circumstances, including\nan order directing the person to pay to the State—\n(a) the costs of the proceeding; and\n(b) the reasonable costs of the promisee in monitoring whether the\nperson complies with the undertaking in the future.\n\n(4) Nothing in this section prevents a proceeding being taken for the\ncontravention or alleged contravention to which the undertaking\n\nInfringement notices Part 10.2\n","sortOrder":552},{"sectionNumber":"591","sectionType":"section","heading":"Infringement notices","content":"591 Infringement notices\n(1) An authorised officer who reasonably believes that a person has\ncommitted a prescribed offence against this Law may serve the\nperson with an infringement notice issued as an alternative to\nprosecution in court for the offence.\n(2) The procedures to be followed in connection with infringement\nnotices issued for the purposes of this Law as applied in this\njurisdiction are to be the procedures prescribed by or under the\nInfringement Notice Offences Law of this jurisdiction.\nprescribed offence means an offence prescribed by a law of this\njurisdiction for the purposes of this section.\n","sortOrder":553},{"sectionNumber":"592","sectionType":"section","heading":"Recording information about infringement penalties","content":"592 Recording information about infringement penalties\n(1) The Regulator may keep a record of—\n(a) each infringement notice issued for the purposes of this Law;\nand\n(b) the payment of a fine sought by an infringement notice by a\nperson to whom the notice is issued for the purposes of this Law.\n(2) Information in a record kept under subsection (1) may be used only—\n(a) to accumulate aggregate data for research or education; or\n(b) in a proceeding relating to the offence for which the\ninfringement notice was issued, including, for example, an\nappeal against the conviction for the offence; or\n(d) for the purposes of section 601(b) or 608(b); or\n(e) as authorised under subsection (3).\n\n(3) Information in a record kept under subsection (1)(a) may be used by\nauthorised officers in connection with the exercise of functions under\n\nGeneral provisions Division 1\n","sortOrder":554},{"sectionNumber":"593","sectionType":"section","heading":"Penalties court may impose","content":"593 Penalties court may impose\n(1) A court that finds a person guilty of an offence against this Law may\nimpose any 1 or more of the penalties provided for in this Part.\n(2) Without limiting the court’s discretion, when imposing 2 or more\npenalties under this Part, the court must take into account the\ncombined effect of the penalties imposed.\n(3) This Part does not limit the powers or discretion of the court under\n","sortOrder":555},{"sectionNumber":"594","sectionType":"section","heading":"Matters court must consider when imposing sanction for","content":"594 Matters court must consider when imposing sanction for\nnoncompliance with mass, dimension or loading\n(1) The purpose of this section is to bring to a court’s attention the\nimplications and consequences of a contravention of a mass,\ndimension or loading requirement when deciding the kind and level\nof sanction to be imposed for the contravention.\n(2) In deciding the sanction, including the level of a fine, to be imposed\nfor the contravention, the court must consider the following matters—\n(a) a minor risk breach of a mass, dimension or loading requirement\ninvolves either or both of the following—\n(i) an appreciable risk of accelerated road wear;\n(ii) an appreciable risk of unfair commercial advantage;\n(b) a substantial risk breach of a mass, dimension or loading\nrequirement involves 1 or more of the following—\n(i) a substantial risk of accelerated road wear;\n(ii) an appreciable risk of damage to road infrastructure;\n\n(iii) an appreciable risk of increased traffic congestion;\n(iv) an appreciable risk of diminished public amenity;\n(v) a substantial risk of unfair commercial advantage;\n(c) a severe risk breach of a mass, dimension or loading requirement\ninvolves 1 or more of the following—\n(i) an appreciable risk of harm to public safety or the\nenvironment;\n(ii) a serious risk of accelerated road wear;\n(iii) a serious risk of damage to road infrastructure;\n(iv) a serious risk of increased traffic congestion;\n(v) a serious risk of diminished public amenity;\n(vi) a serious risk of unfair commercial advantage.\n(3) This section does not limit the matters the court may consider in\ndeciding the sanction for the contravention.\n(4) Nothing in this section authorises or requires the court to assign the\ncontravention to a different risk category.\n(5) Nothing in this section requires evidence to be adduced about a matter\nmentioned in subsection (2).\n\nProvisions about imposing fines Division 2\n","sortOrder":556},{"sectionNumber":"595","sectionType":"section","heading":"Court may treat noncompliance with mass, dimension or","content":"595 Court may treat noncompliance with mass, dimension or\nloading requirement as a different risk category\n(1) If a court is satisfied there has been a contravention of a mass,\ndimension or loading requirement but is not satisfied the\ncontravention is a substantial risk breach or a severe risk breach, the\ncourt may treat the contravention as a minor risk breach.\n(2) If a court is satisfied there has been a contravention of a mass,\ndimension or loading requirement and that the contravention is at\nleast a substantial risk breach but is not satisfied the contravention is\na severe risk breach, the court may treat the contravention as a\nsubstantial risk breach.\nDivision 2 Provisions about imposing fines\n","sortOrder":557},{"sectionNumber":"596","sectionType":"section","heading":"Body corporate fines under penalty provision","content":"596 Body corporate fines under penalty provision\n(1) This section applies to a provision of this Law that—\n(a) prescribes a maximum fine for an offence; and\n(b) does not expressly prescribe a maximum fine for a body\ncorporate different to the maximum fine for an individual.\n(2) The maximum fine is taken only to be the maximum fine for an\nindividual.\n(3) If a body corporate is found guilty of the offence, the court may\nimpose a maximum fine of an amount equal to 5 times the maximum\nfine for an individual.\n\n","sortOrder":558},{"sectionNumber":"596A","sectionType":"section","heading":"Injunctions","content":"596A Injunctions\nIf a court convicts a person of an offence against this Law, the court\nmay issue an injunction requiring the person to cease contravening\nAn injunction may also be obtained under section 576E for\nnoncompliance with an improvement notice or prohibition notice.\nDivision 3 Commercial benefits penalty orders\n","sortOrder":559},{"sectionNumber":"597","sectionType":"section","heading":"Commercial benefits penalty order","content":"597 Commercial benefits penalty order\n(1) If a court convicts a person of an offence against this Law, the court\nmay, on application by the prosecutor, make an order (a commercial\nbenefits penalty order) requiring the person to pay, as a fine, an\namount not exceeding 3 times the amount estimated by the court to\nbe the gross commercial benefit—\n(a) received or receivable, by the person or by an associate of the\nperson, from the commission of the offence; and\n(b) for a journey that was interrupted or not commenced because of\naction taken by an authorised officer in connection with the\ncommission of the offence—that would have been received or\nreceivable, by the person or by an associate of the person, from\nthe commission of the offence had the journey been completed.\n(2) In estimating the gross commercial benefit, the court may take into\naccount—\n(a) benefits of any kind, whether or not monetary; and\n(b) any other matters it considers relevant, including, for example—\n(i) the value of any goods involved in the offence; and\n\nCancelling or suspending registration Division 4\n(ii) the distance over which the goods were, or were to be,\ncarried.\n(3) However, in estimating the gross commercial benefit, the court must\ndisregard any costs, expenses or liabilities incurred by the person or\nby an associate of the person.\n(4) Nothing in this section prevents the court from ordering payment of\nan amount that is less than the estimated gross commercial benefit.\nDivision 4 Cancelling or suspending registration\n","sortOrder":560},{"sectionNumber":"598","sectionType":"section","heading":"Power to cancel or suspend vehicle registration","content":"598 Power to cancel or suspend vehicle registration\n(1) This section applies if a court convicts a person of—\n(a) an offence against this Law relating to a contravention of a mass,\ndimension or loading requirement constituting a severe risk\nbreach; or\n(b) an offence against this Law other than an offence relating to a\ncontravention of a mass, dimension or loading requirement.\n(2) The court may make an order that the registration of a heavy vehicle\nin relation to which the offence was committed and of which the\nperson is a registered operator is—\n(a) cancelled; or\n(b) suspended for a stated period.\n(3) If the court makes an order under subsection (2) against a person, the\ncourt may also make an order that the person, or an associate of the\nperson, is disqualified from applying for the registration of the heavy\nvehicle for a stated period.\n(4) If the court considers that another person who is not present in court\nmay be substantially affected by an order under subsection (2) or (3),\nthe court may issue a summons to that person to show cause why the\norder should not be made.\n\n","sortOrder":561},{"sectionNumber":"Div 4A","sectionType":"division","heading":"Cancelling, varying or suspending driver licences or disqualifying drivers","content":"Division 4A Cancelling, varying or suspending driver licences or disqualifying drivers\n(5) The court is to ensure that the registration authority for the heavy\nvehicle is notified of the decision to make an order under\nsubsection (2) or (3) and the terms of the order, but failure to do so\ndoes not invalidate the decision or the order.\nDivision 4A Cancelling, varying or suspending\ndriver licences or disqualifying\ndrivers\n","sortOrder":562},{"sectionNumber":"598A","sectionType":"section","heading":"Sanctions involving driver licences","content":"598A Sanctions involving driver licences\n(1) This section applies if a court convicts the driver of a heavy vehicle\nof an offence against this Law relating to a mass, dimension or\nloading requirement other than an offence that involves only a minor\nrisk breach, or substantial risk breach, of a mass, dimension or loading\n(2) The court may make an order for either or both of the following:\n(a) that a stated Australian driver licence issued to the driver is—\n(i) cancelled; or\n(ii) varied or suspended for a stated period;\n(b) that the driver is disqualified from obtaining or holding an\nAustralian driver licence (either generally or of a stated kind) for\na stated period.\n(3) An order under this section operates automatically and takes effect\nimmediately or, if a later day is stated in the order, on the stated day.\n(4) To remove any doubt, this section is additional to, and does not limit,\nthe court’s powers under—\n(a) the Road Transport (Driver Licensing) Regulation 2000,\ndivision 5.2 (Variation, suspension or cancellation of driver\nlicences); or\n\nSupervisory intervention orders Division 5\n(b) the Road Transport (General) Act 1999, division 4.2 (Licence\nsuspension, disqualification and related matters).\n(5) The registrar must give particulars of the conviction to the road\n(6) In this section:\nAustralian driver licence—see the Road Transport (Driver\nLicensing) Act 1999, dictionary.\n","sortOrder":563},{"sectionNumber":"599","sectionType":"section","heading":"Application of Div 5","content":"599 Application of Div 5\nThis Division applies if a court—\n(a) convicts a person (the convicted person) of an offence against\n(b) considers the person to be, or likely to become, a systematic or\npersistent offender of this Law having regard to the\ncircumstances of offences against this Law and previous\ncorresponding laws for which the person has previously been\nconvicted.\n","sortOrder":564},{"sectionNumber":"600","sectionType":"section","heading":"Court may make supervisory intervention order","content":"600 Court may make supervisory intervention order\n(1) The court may, on application by the prosecutor or the Regulator,\nmake an order (a supervisory intervention order) requiring the\nconvicted person, at the person’s own expense and for a stated period\nof not more than 1 year, to do 1 or more of the following—\n(a) stated things the court considers will improve the person’s\ncompliance with this Law, or stated aspects of this Law,\nincluding, for example—\n(i) appointing staff to, or removing staff from, particular\npositions; or\n\n(ii) training and supervising staff; or\n(iii) obtaining expert advice about maintaining compliance\nwith this Law, or stated aspects of this Law; or\n(iv) installing equipment for monitoring or managing\ncompliance with this Law, or stated aspects of this Law,\nincluding, for example, intelligent transport system\nequipment; or\n(v) implementing practices, systems or procedures for\nmonitoring or ensuring compliance with this Law, or stated\naspects of this Law;\n(b) implement stated practices, systems or procedures for\nmonitoring or ensuring compliance with this Law, or stated\naspects of this Law, subject to the direction of the Regulator or\na person nominated by the Regulator;\n(c) give compliance reports about the convicted person to the\nRegulator or the court (or both), in a stated way and for stated\nperiods;\n(d) appoint a person to have the following responsibilities—\n(i) helping the convicted person to improve the convicted\nperson’s compliance with this Law or stated aspects of this\nLaw;\n(ii) monitoring the convicted person’s compliance with this\nLaw or stated aspects of this Law and with the order;\n(iii) giving compliance reports about the convicted person to\nthe Regulator or the court (or both), in a stated way and for\nstated periods.\n\nSupervisory intervention orders Division 5\ncompliance report, about a person in relation to whom a supervisory\nintervention order is made, means a report about the person’s\ncompliance with this Law, stated aspects of this Law, or the order,\nincluding, for example, a report containing stated information\nabout—\n(a) things done by the person to ensure compliance with this Law\nor stated aspects of this Law; and\n(b) the effect of the things mentioned in paragraph (a).\n","sortOrder":565},{"sectionNumber":"601","sectionType":"section","heading":"Limitation on making supervisory intervention order","content":"601 Limitation on making supervisory intervention order\nThe court may make a supervisory intervention order only if the court\nis satisfied the order is capable of improving the convicted person’s\nability or willingness to comply with this Law having regard to—\n(a) the offences against this Law or a previous corresponding law\nfor which the person has previously been convicted; and\n(b) the offences against this Law or a previous corresponding law\nfor which the person has been proceeded against by way of\nunwithdrawn infringement notices; and\n(c) any other offences or other matters that the court considers\nrelevant to the person’s conduct in connection with road\ntransport.\n\n","sortOrder":566},{"sectionNumber":"602","sectionType":"section","heading":"Supervisory intervention order may suspend other","content":"602 Supervisory intervention order may suspend other\nsanctions\n(1) A supervisory intervention order may direct that any other penalty or\nsanction imposed for the offence to which it relates is suspended until\nthe order ends unless the court decides there has been a substantial\nfailure to comply with the order.\n(2) For the purposes of subsection (1), a court may decide that a failure\nto comply with a supervisory intervention order is a substantial failure\nif the failure causes, or creates a risk of, serious harm to public safety,\nthe environment or road infrastructure.\n","sortOrder":567},{"sectionNumber":"603","sectionType":"section","heading":"Amendment or revocation of supervisory intervention","content":"603 Amendment or revocation of supervisory intervention\norder\nA court that makes a supervisory intervention order may, on\napplication by the Regulator or the person to whom the order applies,\namend or revoke the order if the court is satisfied there has been a\nchange in circumstances warranting the amendment or revocation.\n","sortOrder":568},{"sectionNumber":"604","sectionType":"section","heading":"Contravention of supervisory intervention order","content":"604 Contravention of supervisory intervention order\nA person to whom a supervisory intervention order applies must\ncomply with the order, unless the person has a reasonable excuse.\n","sortOrder":569},{"sectionNumber":"605","sectionType":"section","heading":"Effect of supervisory intervention order if prohibition","content":"605 Effect of supervisory intervention order if prohibition\norder applies to same person\n(1) This section applies if both a supervisory intervention order and a\nprohibition order is in force at the same time against the same person.\n(2) The supervisory intervention order has no effect while the prohibition\norder has effect.\n\nProhibition orders Division 6\nDivision 6 Prohibition orders\n","sortOrder":570},{"sectionNumber":"606","sectionType":"section","heading":"Application of Div 6","content":"606 Application of Div 6\nThis Division applies if a court—\n(a) convicts a person (the convicted person) of an offence against\n(b) considers the person to be, or likely to become, a systematic or\npersistent offender of this Law having regard to the\ncircumstances of offences against this Law and previous\ncorresponding laws for which the person has previously been\nconvicted.\n","sortOrder":571},{"sectionNumber":"607","sectionType":"section","heading":"Court may make prohibition order","content":"607 Court may make prohibition order\n(1) The court may, on application by the prosecutor or the Regulator,\nmake an order (a prohibition order) prohibiting the convicted person,\nfor a stated period of not more than 1 year, from having a stated role\nor responsibility associated with road transport.\n(2) However, the court can not make a prohibition order prohibiting the\nconvicted person from driving a vehicle or having a vehicle registered\nor licensed under an Australian road law in the convicted person’s\nname.\n","sortOrder":572},{"sectionNumber":"608","sectionType":"section","heading":"Limitation on making prohibition order","content":"608 Limitation on making prohibition order\nThe court may make a prohibition order only if the court is satisfied\nthe convicted person should not continue to have the role or\nresponsibilities prohibited by the order, and that a supervisory\nintervention order is not appropriate, having regard to—\n(a) the offences against this Law or a previous corresponding law\nfor which the person has previously been convicted; and\n\n(b) the offences against this Law or a previous corresponding law\nfor which the person has been proceeded against by way of\nunwithdrawn infringement notices; and\n(c) any other offences or other matters that the court considers\nrelevant to the person’s conduct in connection with road\ntransport.\n","sortOrder":573},{"sectionNumber":"609","sectionType":"section","heading":"Amendment or revocation of prohibition order","content":"609 Amendment or revocation of prohibition order\nA court that makes a prohibition order may, on application by the\nRegulator or the person to whom the order applies, amend or revoke\nthe order if the court is satisfied there has been a change in\ncircumstances warranting the amendment or revocation.\n","sortOrder":574},{"sectionNumber":"610","sectionType":"section","heading":"Contravention of prohibition order","content":"610 Contravention of prohibition order\nA person to whom a prohibition order applies must comply with the\norder, unless the person has a reasonable excuse.\n","sortOrder":575},{"sectionNumber":"611","sectionType":"section","heading":"Court may make compensation order","content":"611 Court may make compensation order\n(1) A court that convicts a person (the convicted person) of an offence\nagainst this Law may make an order (a compensation order)\nrequiring the convicted person to pay the road manager for a road, by\nway of compensation, an amount the court considers appropriate for\nloss incurred, or likely to be incurred, by the road manager for damage\ncaused to road infrastructure as a result of the offence.\n(2) A compensation order may be made on the application of the\nprosecutor, the Regulator or the road manager.\n(3) The court may make a compensation order in relation to damage the\ncourt considers, on the balance of probabilities, was caused or partly\ncaused by the commission of the offence.\n\n(4) The court may make a compensation order—\n(a) when the court gives its sentence for the offence; or\n(b) at a later time, but not after the end of the period within which a\nproceeding for the offence must start under this Law.\nSee section 707A for the period within which a proceeding for an offence\nagainst this Law, other than an indictable offence, must start.\n","sortOrder":576},{"sectionNumber":"612","sectionType":"section","heading":"Assessment of compensation","content":"612 Assessment of compensation\n(1) In making a compensation order, the court may assess the amount of\ncompensation required to be paid by the order in the way it considers\nappropriate, including, for example, by reference to the estimated cost\nof remedying the damage.\n(2) In assessing the amount of compensation, the court may have regard\nto—\n(a) evidence adduced in connection with the prosecution of the\noffence; and\n(b) any evidence not adduced in connection with the prosecution of\nthe offence but adduced in connection with the making of the\norder; and\n(c) if the road manager is a public authority—\n(i) any certificate of the public authority stating that the\nauthority is responsible for maintaining the road\ninfrastructure in relation to which the order is sought; and\n(ii) any other certificate of the public authority, including, for\nexample, a certificate—\n(A) estimating the monetary value of all or part of the road\ninfrastructure in relation to which the order is sought;\nor\n\n(B) estimating the monetary value of, or the cost of\nremedying, the damage to the road infrastructure in\nrelation to which the order is sought; or\n(C) estimating the extent to which the commission of the\noffence contributed to the damage to the road\ninfrastructure in relation to which the order is sought;\nand\n(D) any other matters the court considers relevant.\n(3) A person who purportedly signs a certificate of a type mentioned in\nsubsection (2)(c) on behalf of a public authority is presumed, unless\nthe contrary is proved, to have been authorised by the public authority\nto sign the certificate on the public authority’s behalf.\n","sortOrder":577},{"sectionNumber":"613","sectionType":"section","heading":"Use of certificates in assessing compensation","content":"613 Use of certificates in assessing compensation\n(1) If a public authority proposes to submit a certificate mentioned in\nsection 612(2)(c) in a proceeding for the making of a compensation\norder, the public authority must give a copy of the certificate to the\ndefendant at least 28 days before the day fixed for the hearing of the\n(2) A certificate of the public authority can not be used in a proceeding\nfor the making of a compensation order unless the public authority\nhas complied with subsection (1).\n(3) A defendant who intends to challenge a matter stated in a certificate\nmentioned in section 612(2)(c) in a proceeding for the making of a\ncompensation order must—\n(a) give the public authority notice of the intention to challenge the\nmatter; and\n(b) if the defendant is intending to challenge the accuracy of any\nmeasurement, analysis or reading in the certificate—\n(i) state the reason why the defendant alleges that it is\ninaccurate; and\n\n(ii) state the measurement, analysis or reading that the\ndefendant considers to be correct.\n(4) The notice must be—\n(5) A defendant can not challenge a matter stated in a certificate\nmentioned in section 612(2)(c) in a proceeding for the making of a\ncompensation order unless—\n(a) the defendant has complied with subsections (3) and (4); or\n(b) the court gives leave to the defendant to challenge the matter, in\nthe interests of justice.\n","sortOrder":578},{"sectionNumber":"614","sectionType":"section","heading":"Limits on amount of compensation","content":"614 Limits on amount of compensation\n(1) If, in making a compensation order, the court is satisfied that the\ncommission of the offence concerned contributed to damage to road\ninfrastructure but that other factors not connected with the\ncommission of the offence also contributed to the damage, the court\nmust limit the amount of compensation payable under the order to the\namount it assesses as being attributable to the defendant’s conduct.\n(2) The amount of compensation payable under a compensation order can\nnot exceed the monetary jurisdictional limit of the court in civil\nproceedings.\n(3) The court may not include in a compensation order any amount for—\n(a) personal injury or death; or\n(b) loss of income (whether suffered by the road manager or another\nentity); or\n(c) damage to property that is not part of the road infrastructure\nconcerned.\n\n","sortOrder":579},{"sectionNumber":"615","sectionType":"section","heading":"Costs","content":"615 Costs\nThe court has the same power to award costs in relation to\nproceedings for the making of a compensation order as it has in\nrelation to civil proceedings, and the relevant laws applying to costs\nin relation to civil proceedings before the court apply with any\nnecessary changes to costs in relation to proceedings for the making\nof a compensation order.\n","sortOrder":580},{"sectionNumber":"616","sectionType":"section","heading":"Enforcement of compensation order and costs","content":"616 Enforcement of compensation order and costs\nA compensation order, and any award of costs in relation to a\nproceeding for the making of a compensation order, are taken to be,\nand are enforceable as, a judgment of the court sitting in civil\nproceedings.\n","sortOrder":581},{"sectionNumber":"617","sectionType":"section","heading":"Relationship with orders or awards of other courts and","content":"617 Relationship with orders or awards of other courts and\ntribunals\n(1) A compensation order may not be made in favour of a road manager\nfor a road in relation to damage to road infrastructure if another court\nor tribunal has awarded compensatory damages or compensation in\ncivil proceedings to the road manager in relation to the damage based\non the same or similar facts.\n(2) If a court purports to make a compensation order contrary to\nsubsection (1)—\n(a) the order is void to the extent it covers the same matters as the\nmatters covered by the other award; and\n(b) any payments made under the order to the extent to which it is\nvoid must be repaid by the road manager.\n\n(3) The making of a compensation order in relation to damage to road\ninfrastructure does not prevent another court or tribunal from later\nawarding damages or compensation in civil proceedings in relation to\nthe damage based on the same or similar facts, but the court or\ntribunal must take the compensation order into account when making\nits award.\n(4) Nothing in this Division affects or limits any liability to pay\ncompensation under another law, other than as provided by this\n\n","sortOrder":582},{"sectionNumber":"626","sectionType":"section","heading":"Definition for Div 3","content":"626 Definition for Div 3\ndeficiency, of a vehicle, means—\n(a) a deficiency of the vehicle or a component of the vehicle,\nincluding, for example, the vehicle—\n(i) contravening a heavy vehicle standard; or\n(ii) being unsafe; or\n(b) a deficiency constituted by the absence of a particular thing\nrequired to be in, or displayed on, the vehicle, including, for\nexample, a thing required to be in, or displayed on, the vehicle\nunder—\n(i) a heavy vehicle standard; or\n(ii) a condition of a heavy vehicle accreditation or a mass or\ndimension authority.\n","sortOrder":583},{"sectionNumber":"627","sectionType":"section","heading":"Defence for owner or operator of vehicle if offence","content":"627 Defence for owner or operator of vehicle if offence\ncommitted while vehicle used by unauthorised person\n(1) This section applies in relation to an offence against this Law that\nmay be committed by a person—\n(a) in the person’s capacity as an owner or operator of a vehicle;\nand\n(b) in relation to the use of the vehicle by someone else.\n\nDefences Division 3\n(2) Subject to subsection (3), in a proceeding for an offence mentioned\nin subsection (1), it is a defence for the person charged to prove that,\nat the relevant time, the vehicle was being used by—\n(a) a person not entitled (expressly, impliedly or otherwise) to use\nthe vehicle, other than an employee or agent of the person; or\n(b) an employee of the person who was, at the relevant time, acting\noutside the scope of the employment; or\n(c) an agent of the person who was, at the relevant time, acting\noutside the scope of the agency.\n(3) If the offence relates to a deficiency of the vehicle, the defence under\nsubsection (2) is not available unless the person charged also proves\n(a) the vehicle had not, before it ceased to be under the person’s\ncontrol, been driven on a road in contravention of this Law\narising in connection with the deficiency; and\n(b) one or more material changes, resulting in the deficiency, had\nbeen made after the vehicle had ceased to be under the person’s\ncontrol.\n","sortOrder":584},{"sectionNumber":"628","sectionType":"section","heading":"Defence for driver of vehicle subject to a deficiency","content":"628 Defence for driver of vehicle subject to a deficiency\n(1) This section applies to an offence against this Law relating to a\ndeficiency of a heavy vehicle.\n(2) In a proceeding for an offence mentioned in subsection (1) alleged to\nbe committed by the driver of a heavy vehicle, it is a defence for the\ndriver to prove that the driver—\n(a) did not cause the deficiency and had no responsibility for or\ncontrol over the maintenance of the vehicle or its equipment at\nany relevant time; and\n(b) did not know and could not reasonably be expected to have\nknown of the deficiency; and\n\n(c) could not reasonably be expected to have sought to ascertain\nwhether there was or was likely to be a deficiency of the kind to\nwhich the offence relates.\n","sortOrder":585},{"sectionNumber":"629","sectionType":"section","heading":"Defence of compliance with direction","content":"629 Defence of compliance with direction\nIn a proceeding for an offence against this Law, it is a defence for the\nperson charged to prove that the conduct constituting the offence was\ndone in compliance with a direction given—\n(a) by an authorised officer; or\n(b) by the Regulator (including a delegate of the Regulator); or\n(c) by a person under a law of a State or Territory.\n","sortOrder":586},{"sectionNumber":"630","sectionType":"section","heading":"Sudden or extraordinary emergency","content":"630 Sudden or extraordinary emergency\n(1) In a proceeding for an offence against this Law, it is a defence for the\nperson charged to prove that the conduct constituting the offence\noccurred in response to circumstances of sudden or extraordinary\nemergency.\n(2) This section applies if and only if the person carrying out the conduct\nreasonably believed that—\n(a) circumstances of sudden or extraordinary emergency existed;\nand\n(b) the conduct was the only reasonable way to deal with the\nemergency; and\n(c) the conduct was a reasonable response to the emergency.\n","sortOrder":587},{"sectionNumber":"631","sectionType":"section","heading":"Lawful authority","content":"631 Lawful authority\nIn a proceeding for an offence against this Law, it is a defence for the\nperson charged to prove that the conduct constituting the offence is\nauthorised or excused by or under a law.\n\n","sortOrder":588},{"sectionNumber":"632","sectionType":"section","heading":"Deciding whether person ought reasonably to have","content":"632 Deciding whether person ought reasonably to have\nknown something\n(1) This section applies in relation to a proceeding for an offence against\nthis Law if it is relevant to prove that someone ought reasonably to\nhave known something.\n(2) A court may consider the following when deciding whether the\nperson ought reasonably to have known the thing—\n(a) the person’s abilities, experience, expertise, knowledge,\nqualifications and training;\n(b) the circumstances of the offence;\n(c) any other relevant matter prescribed by the national regulations\nfor the purposes of this section.\n","sortOrder":589},{"sectionNumber":"632A","sectionType":"section","heading":"Using code of practice in proceeding","content":"632A Using code of practice in proceeding\n(1) This section applies in a proceeding for an offence against this Law.\n(2) A registered industry code of practice is admissible as evidence of\nwhether or not a duty or obligation under this Law has been complied\nwith.\n(3) The court may—\n(a) have regard to the code as evidence of what is known about a\nhazard or risk, risk assessment, or risk control, to which the code\nrelates; and\n(b) rely on the code in determining what is reasonably practicable\nin the circumstances to which the code relates.\n(4) Nothing in this section prevents a person from introducing evidence\nof complying with this Law in a way that differs from the code but\nthat provides a standard of safety or protection equivalent to or higher\nthan the standard required in the code.\n\n(5) However, the person may introduce the evidence mentioned in\nsubsection (4) only if the person has given written notice of the\nperson’s intention to do so to the complainant at least 28 days before\nthe day fixed for the hearing of the offence.\n","sortOrder":590},{"sectionNumber":"633","sectionType":"section","heading":"Multiple offenders","content":"633 Multiple offenders\n(1) This section applies if a provision of this Law provides that, for a\nparticular act or omission or set of circumstances, each of 2 or more\npersons is liable for an offence against a provision of this Law.\n(2) Proceedings may be taken against all or any of the persons in relation\nto the act, omission or circumstances.\n(3) Proceedings may be taken against any of the persons in relation to the\nact, omission or circumstances—\n(a) regardless of whether or not proceedings have been started\nagainst any of the other persons in relation to the act, omission\nor circumstances; and\n(b) regardless of whether or not any proceedings taken against any\nof the other persons in relation to the act, omission or\ncircumstances have ended; and\n(c) regardless of the outcome of any proceedings taken against any\nof the other persons in relation to the act, omission or\n(4) This section is subject to section 634(1).\n\n","sortOrder":591},{"sectionNumber":"634","sectionType":"section","heading":"Multiple offences","content":"634 Multiple offences\n(1) A person may be punished only once in relation to the same\ncontravention of this Law by the person or a heavy vehicle, even if\nthe person is liable in more than 1 capacity.\n(2) A person who has been punished for an act or omission or\ncircumstances constituting an offence against this Law as it applies in\nanother participating jurisdiction can not be punished for an offence\nagainst this Law as it applies in this jurisdiction arising from the same\nact or omission or circumstances.\n(3) Despite any Act or other law (including subsections (1) and (2))—\n(a) a person may be punished for more than 1 contravention of a\nrequirement of this Law if the contraventions relate to different\nparts of the same vehicle; and\n(b) a person may be punished for 1 or more contraventions of a\nrequirement of this Law as it applies in another participating\njurisdiction (interstate contraventions), and 1 or more\ncontraventions of a requirement of this Law as it applies in this\njurisdiction (local contraventions), if the interstate\ncontraventions and local contraventions relate to different parts\nof the same vehicle; and\n(c) 2 or more contraventions of a provision by a person that arise\nfrom the same factual circumstances may be charged as—\n(i) a single offence; or\n(ii) separate offences.\n(4) Subsection (3)(c) does not authorise contraventions of 2 or more\nprovisions to be charged as a single offence.\n(5) A single penalty only may be imposed in relation to 2 or more\ncontraventions of a provision that are charged as a single offence.\n\n","sortOrder":592},{"sectionNumber":"635","sectionType":"section","heading":"Responsibility for acts or omissions of representative","content":"635 Responsibility for acts or omissions of representative\n(1) This section applies in a proceeding for an offence against this Law.\n(2) If it is relevant to prove a person’s state of mind about a particular act\nor omission, it is enough to show—\n(a) the act was done or omitted to be done by a representative of the\nperson within the scope of the representative’s actual or\napparent authority; and\n(b) the representative had the state of mind.\n(3) An act done or omitted to be done for a person by a representative of\nthe person within the scope of the representative’s actual or apparent\nauthority is taken to have been done or omitted to be done also by the\nperson, unless the person proves the person could not, by the exercise\nof reasonable diligence, have prevented the act or omission.\nrepresentative means—\n(a) for an individual—an employee or agent of the individual; or\n(b) for a corporation—an executive officer, employee or agent of\nthe corporation or authority.\nstate of mind, of a person, includes—\n(a) the person’s knowledge, intention, opinion, belief or purpose;\nand\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n\n","sortOrder":593},{"sectionNumber":"636","sectionType":"section","heading":"Liability of executive officers of corporation","content":"636 Liability of executive officers of corporation\n(1) If a corporation commits an offence against a provision of this Law\nspecified in column 2 of Schedule 4, each executive officer of the\ncorporation who knowingly authorised or permitted the conduct\nconstituting the offence also commits an offence against the\nSee also section 26D for the duty of an executive officer of a corporation\nto exercise due diligence to ensure the corporation complies with its\nsafety duties under this Law.\n(4) An executive officer of a corporation may be proceeded against and\nconvicted for an offence against the provision whether or not the\ncorporation has been proceeded against or convicted under that\n(5) Nothing in this section affects any liability imposed on a corporation\nfor an offence committed by the corporation under the provision.\n(6) Nothing in this section affects the application of any other law\nexecutive officers of the corporation) who are accessories to the\ncommission of an offence or are otherwise involved in the\ncontravention giving rise to an offence.\n(7) This section does not apply to an executive officer acting on a\nvoluntary basis, whether or not the officer is reimbursed for the\nexpenses incurred by the officer for carrying out activities for the\ncorporation.\n\n","sortOrder":594},{"sectionNumber":"637","sectionType":"section","heading":"Treatment of unincorporated partnerships","content":"637 Treatment of unincorporated partnerships\n(1) This Law (other than section 636) applies to an unincorporated\npartnership as if it were a corporation, but with the changes set out in\n(2) An obligation or liability that would otherwise be imposed on the\npartnership by this Law is imposed on each partner instead, but may\nbe discharged by any of the partners.\n(3) An amount that would be payable under this Law by the partnership\nis jointly and severally payable by the partners.\n(4) An offence against a provision of this Law specified in column 2 of\n","sortOrder":595},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"that would otherwise be committed by the partnership is","content":"Schedule 4 that would otherwise be committed by the partnership is\ntaken to have been committed by each partner who knowingly\nauthorised or permitted the conduct constituting the offence.\n(7) Nothing in this section affects the application of any other law\npartners in the partnership) who are accessories to the commission of\nan offence or are otherwise involved in the contravention giving rise\nto an offence.\n(8) Subsection (4) does not apply to a partner acting on a voluntary basis,\nwhether or not the partner is reimbursed for the expenses incurred by\nthe partner for carrying out activities for the partnership.\n(9) For the purposes of this section, a change in the composition of the\npartnership does not affect the continuity of the partnership.\n\n","sortOrder":596},{"sectionNumber":"638","sectionType":"section","heading":"Treatment of other unincorporated bodies","content":"638 Treatment of other unincorporated bodies\n(1) This Law (other than section 636) applies to an unincorporated body\nas if it were a corporation, but with the changes set out in this section.\n(2) An obligation or liability that would otherwise be imposed on the\nunincorporated body by this Law is imposed on each management\nmember of the body instead, but may be discharged by any of the\nmanagement members.\n(3) An amount that would be payable under this Law by the\nunincorporated body is jointly and severally payable by the\nmanagement members of the body.\n(4) An offence against a provision of this Law specified in column 2 of\nSchedule 4 that would otherwise be committed by the unincorporated\nbody is taken to have been committed by each management member\nof the body who knowingly authorised or permitted the conduct\nconstituting the offence.\n(7) Nothing in this section affects the application of any other law\nmanagement members of the unincorporated body) who are\naccessories to the commission of an offence or are otherwise involved\nin the contravention giving rise to an offence.\n(8) Subsection (4) does not apply to a management member of the\nunincorporated body acting on a voluntary basis, whether or not the\nmember is reimbursed for the expenses incurred by the member for\ncarrying out activities for the body.\n(9) For the purposes of this section, a change in the composition of the\nunincorporated body does not affect the continuity of the body.\n\n","sortOrder":597},{"sectionNumber":"639","sectionType":"section","heading":"Liability of registered operator","content":"639 Liability of registered operator\n(1) This section applies to an offence against this Law that may be\ncommitted by the operator of a heavy vehicle (whether or not any\nother person can also commit the offence).\n(2) If an offence to which this section applies is committed, the following\nperson is taken to be the operator of the heavy vehicle and, in that\ncapacity, is taken to have committed the offence—\n(a) for a heavy vehicle that is not a combination—the registered\noperator of the vehicle;\n(b) for a heavy combination or the towing vehicle in a heavy\ncombination—the registered operator of the towing vehicle in\nthe combination;\n(c) for a trailer forming part of a heavy combination—the registered\noperator of the towing vehicle in the combination and the\nregistered operator (if any) of the trailer.\n(3) The registered operator has the same excuses and defences available\nto the operator of the heavy vehicle under this Law or another law.\n(4) Subsection (2) does not apply if the registered operator gives the\nRegulator an operator declaration—\n(a) if an infringement notice for the offence is issued to the\nregistered operator—within 14 days after the infringement\nnotice is issued; or\n(b) if the registered operator is charged with the offence—\n(i) if the charge is to be heard 28 days or less after the charge\ncomes to the operator’s knowledge—as soon as practicable\nafter the charge comes to the registered operator’s\nknowledge; or\n\n(ii) if the charge is to be heard more than 28 days after the\ncharge comes to the operator’s knowledge—as soon as\npracticable after the charge comes to the registered\noperator’s knowledge but at least 28 days before the charge\nis heard.\n(5) If the registered operator gives an operator declaration as mentioned\nin subsection (4)—\n(a) a proceeding for the offence may be started against the person\nnamed as the operator of the heavy vehicle in the operator\ndeclaration only if a copy of the operator declaration has been\nserved on the person; and\n(b) in a proceeding for the offence against the person named as the\noperator of the heavy vehicle in the operator declaration, the\noperator declaration is evidence that the person was the operator\nof the heavy vehicle at the time of the offence; and\n(c) in a proceeding for the offence against the registered operator, a\ncourt must not find the registered operator guilty of the offence\nin the registered operator’s capacity as the operator of the heavy\nvehicle if it is satisfied, whether on the statements in the operator\ndeclaration or otherwise, the registered operator was not the\noperator of the heavy vehicle at the time of the offence.\n(6) To remove any doubt, it is declared that this section does not affect\nthe liability of the registered operator in a capacity other than as the\noperator of the heavy vehicle.\noperator declaration means a statutory declaration, made by the\nregistered operator of a vehicle that is or forms part of a heavy vehicle\nthe subject of an offence against this Law, stating—\n(a) the registered operator was not the operator of the heavy vehicle\nat the time of the offence; and\n\n(b) the name and address of the operator of the heavy vehicle at the\ntime of the offence.\nregistered operator, of a vehicle other than a heavy vehicle, means\nthe registered or licensed operator of the vehicle under an Australian\nroad law.\n\nPreliminary Part 11.1\n","sortOrder":598},{"sectionNumber":"640","sectionType":"section","heading":"Definitions for Ch 11","content":"640 Definitions for Ch 11\npublic safety ground, for a reviewable decision, means the Regulator\nbeing satisfied that making the decision is necessary to prevent a\nsignificant risk to public safety.\nrelevant appeal body means the relevant tribunal or court for the\nrelevant jurisdiction.\nrelevant jurisdiction, for an applicant for the review of a reviewable\ndecision or an appellant for an appeal against a review decision,\n(a) for a reviewable decision made under Division 3 of Part 4.5 or\nDivision 4 of Part 4.6, or a review decision relating to a\nreviewable decision made under Division 3 of Part 4.5 or\nDivision 4 of Part 4.6—\n(i) if the areas or routes for which the authorisation the subject\nof the reviewable decision was sought are situated in the\nsame participating jurisdiction—the jurisdiction in which\nthe areas or routes are situated; or\n(ii) if the areas or routes for which the authorisation the subject\nof the reviewable decision was sought are situated in 2 or\nmore participating jurisdictions—\n(A) the jurisdiction in which most of the areas or routes\nare situated, worked out by reference to the length of\nroad covered by the areas or routes; or\n\n(B) if there is more than 1 jurisdiction for which sub-\nsubparagraph (A) is satisfied—any of the\njurisdictions for which sub-subparagraph (A) is\nsatisfied chosen by the applicant or appellant; or\n(b) for another reviewable decision or review decision—\n(i) if the reviewable decision or review decision relates to only\n1 heavy vehicle whose relevant garage address is in a\nparticipating jurisdiction—the jurisdiction in which the\nrelevant garage address is located; or\n(ii) if the reviewable decision or review decision relates to 2 or\nmore heavy vehicles whose relevant garage addresses are\nin the same participating jurisdiction—the jurisdiction in\nwhich the relevant garage addresses are located; or\n(iii) if the reviewable decision or review decision relates to 2 or\nmore heavy vehicles whose relevant garage addresses are\nlocated in 2 or more participating jurisdictions—any of\nthose jurisdictions chosen by the operator of the vehicles;\nor\n(iv) otherwise—the participating jurisdiction in which the\napplicant’s or appellant’s home address is located.\nreview application means an application for review of a reviewable\ndecision under Part 11.2.\nreview decision has the meaning given by section 645.\nreviewable decision means—\n(a) a decision mentioned in Schedule 3; or\n(b) a decision made under the national regulations prescribed as a\nreviewable decision for the purposes of this Chapter.\nreviewer means a person deciding a review of a reviewable decision\nunder Part 11.2.\n\n","sortOrder":599},{"sectionNumber":"641","sectionType":"section","heading":"Applying for internal review","content":"641 Applying for internal review\n(1) A dissatisfied person for a reviewable decision may apply to the\nRegulator for a review of the decision.\n(2) A review application may be made only within 28 days after—\n(a) the day the person is notified of the decision; or\n(b) if a provision of this Law requires that the person be given a\nstatement of reasons for the decision—the day the statement is\ngiven to the person.\n(3) However, the Regulator may, at any time, extend the time for making\na review application.\n(4) A review application must—\n(a) be written; and\n(c) state in detail the grounds on which the person wants the\nreviewable decision to be reviewed.\n(5) The person is entitled to receive a statement of reasons for the\nreviewable decision whether or not the provision under which the\ndecision is made requires that the person be given a statement of\nreasons for the decision.\n(6) If the person is given a decision notice, but not an information notice,\nfor the reviewable decision—\n(a) the decision notice must state that, within 28 days after the\nnotice is given to the person, the person may ask the Regulator\nfor a statement of reasons for the decision; and\n\n(b) the person may, within 28 days after a decision notice\ncomplying with paragraph (a) is given to the person, ask the\nRegulator for a statement of reasons for the decision.\n(6A) Within 28 days after the request is made under subsection (6)(b), the\nRegulator must give the person a statement of reasons.\n(7) The making of a review application does not affect the reviewable\ndecision, or the carrying out of the reviewable decision, unless it is\nstayed under section 642.\ndecision notice, for a decision, means a notice stating—\n(a) the decision; or\n(b) the review and appeal information for the decision.\ndissatisfied person means—\n(a) for a reviewable decision of the Regulator made in relation to an\napplication for an exemption, authorisation, approval or heavy\nvehicle accreditation under this Law—the applicant; or\n(b) for a reviewable decision of the Regulator not to make a decision\nsought in an application for an amendment of an exemption,\nauthorisation, approval or heavy vehicle accreditation under this\nLaw—the applicant; or\n(c) for a reviewable decision of the Regulator to amend, cancel or\nsuspend an exemption, authorisation, approval or heavy vehicle\naccreditation under this Law—the person to whom the\nexemption, authorisation, approval or heavy vehicle\naccreditation was granted; or\n(d) for a reviewable decision of the Regulator not to give a\nreplacement permit for an exemption or authorisation under this\nLaw or not to give a replacement accreditation certificate for a\nheavy vehicle accreditation under this Law—the person to\n\nwhom the exemption, authorisation or heavy vehicle\naccreditation was granted; or\n(e) for a reviewable decision of the Regulator that a thing or sample\nis forfeited to the Regulator—an owner of the thing or sample;\nor\n(f) for a reviewable decision of an authorised officer to give a\nperson an improvement notice or prohibition notice, or to amend\nan improvement notice or prohibition notice given to a person—\nthe person to whom the notice was given; or\n(g) for a reviewable decision of a relevant road manager for a mass\nor dimension authority—a person adversely affected by the\ndecision; or\n(h) for a reviewable decision made under the national regulations—\nthe person prescribed as the dissatisfied person for the decision\nunder the national regulations.\n","sortOrder":600},{"sectionNumber":"642","sectionType":"section","heading":"Stay of reviewable decisions made by Regulator or","content":"642 Stay of reviewable decisions made by Regulator or\nauthorised officer\n(1) This section applies to—\n(a) a reviewable decision made by the Regulator other than a\ndecision made on the basis of a public safety ground; or\n(b) a reviewable decision made by an authorised officer.\n(2) If a person makes a review application for the reviewable decision,\nthe person may immediately apply for a stay of the decision to the\nrelevant appeal body.\n(3) The relevant appeal body may stay the reviewable decision to secure\nthe effectiveness of the review and any later appeal to the body.\n(4) In setting the time for hearing the stay application, the relevant appeal\nbody must allow at least 3 business days between the day the\napplication is filed with it and the hearing day.\n\n(5) The Regulator is a party to the application.\n(6) The person must serve a copy of the application showing the time and\nplace of the hearing, and any document filed in the relevant appeal\nbody with the application, on the Regulator at least 2 business days\nbefore the hearing.\n(7) The stay—\n(a) may be given on conditions the relevant appeal body considers\nappropriate; and\n(b) operates for the period specified by the relevant appeal body;\nand\n(c) may be revoked or amended by the relevant appeal body.\n(8) The period of a stay under this section must not extend past the time\nwhen the reviewer reviews the reviewable decision and any later\nperiod the relevant appeal body allows the applicant to enable the\napplicant to appeal against the decision.\n","sortOrder":601},{"sectionNumber":"643","sectionType":"section","heading":"Referral of applications for review of decisions made by","content":"643 Referral of applications for review of decisions made by\nroad managers\n(1) This section applies to a review application relating to a reviewable\ndecision made by a road manager for a road.\nIn Schedule 3, only decisions made by a road manager (for a road) that is\na public authority are reviewable decisions.\n(2) The Regulator must refer the application to the road manager for\nreview within 2 business days after receiving it.\n","sortOrder":602},{"sectionNumber":"644","sectionType":"section","heading":"Internal review","content":"644 Internal review\n(1) A review of a reviewable decision that was not made by the Regulator\nor a road manager personally must not be decided by—\n(a) the person who made the reviewable decision; or\n\n(b) a person who holds a less senior position than the person who\nmade the reviewable decision.\n(2) The reviewer must conduct the review—\n(a) on the material before the person who made the reviewable\ndecision; and\n(b) on the reasons for the reviewable decision; and\n(c) any other relevant material the reviewer allows.\n(3) For the review, the reviewer must give the applicant a reasonable\nopportunity to make written or oral representations to the reviewer.\n","sortOrder":603},{"sectionNumber":"645","sectionType":"section","heading":"Review decision","content":"645 Review decision\n(1) The reviewer must, within the prescribed period, make a decision (the\nreview decision) to—\n(a) confirm the reviewable decision; or\n(b) amend the reviewable decision; or\n(c) substitute another decision for the reviewable decision.\n(2) If the review decision confirms the reviewable decision, for the\npurpose of an appeal, the reviewable decision is taken to be the review\n(3) If the review decision amends the reviewable decision, for the\npurpose of an appeal, the reviewable decision as amended is taken to\nbe the review decision.\n(4) If the review decision substitutes another decision for the reviewable\ndecision, the substituted decision is taken to be the review decision.\n(5) If the reviewer is a road manager for a road, the reviewer must, as\nsoon as practicable, give the Regulator notice of the review decision\nstating—\n(a) the decision; and\n\nprescribed period means—\n(a) for a review of a reviewable decision made by a road manager\nfor a road—\n(i) 28 days after the application for the review is given to the\nroad manager; or\n(ii) if the Regulator and road manager have agreed to a longer\nperiod, of not more than 3 months after the application for\nthe review is given to the road manager, and the Regulator\nhas given notice of the longer period to the applicant—the\nlonger period; or\n(b) for a review of another reviewable decision—28 days after the\napplication for the review is made.\n","sortOrder":604},{"sectionNumber":"646","sectionType":"section","heading":"Notice of review decision","content":"646 Notice of review decision\n(1) The Regulator must, within the prescribed period, give the applicant\nnotice (the review notice) of the review decision.\n(2) If the review decision is not the decision sought by the applicant, the\nreview notice must state the following—\n(a) the reasons for the decision;\n(b) for a review decision relating to a reviewable decision made by\na road manager for a road—that the review decision is not\nsubject to further review or appeal under this Law;\n(c) for a review decision relating to another reviewable decision—\n(i) that the applicant may appeal against the decision under\n","sortOrder":605},{"sectionNumber":"Part 11","sectionType":"part","heading":"3; and","content":"Part 11.3; and\n(ii) how to appeal;\n\n(d) for a review decision relating to a reviewable decision made\nunder Division 3 of Part 4.5 or Division 4 of Part 4.6 if the areas\nor routes for which the authorisation the subject of the\nreviewable decision was sought are situated in 2 or more\nparticipating jurisdictions—the jurisdiction in which most of the\nareas or routes are situated, worked out by reference to the\nlength of road covered by the areas or routes.\n(3) If the reviewer does not make a review decision within the period\nrequired under section 645, the reviewer is taken to have made a\nreview decision confirming the reviewable decision.\nprescribed period means—\n(a) for a review of a reviewable decision made by a road manager\nfor a road—as soon as practicable, but not more than 7 days,\nafter the reviewer gives the Regulator notice of the decision; or\n(b) for a review of another reviewable decision—as soon as\n\n","sortOrder":606},{"sectionNumber":"647","sectionType":"section","heading":"Appellable decisions","content":"647 Appellable decisions\n(1) A person may appeal to the relevant appeal body against a review\ndecision relating to a reviewable decision made by the Regulator or\nan authorised officer.\n(2) A person may appeal against the review decision only within 28 days\nafter—\n(a) if a review notice is given to the person under section 646—the\nnotice was given to the person; or\n(b) if the reviewer is taken to have confirmed the decision under\nsection 646(3)—the period mentioned in that section ends.\n(3) However, the relevant appeal body may extend the period for\nappealing.\n(4) The filing of an appeal does not affect the review decision, or the\ncarrying out of the review decision, unless it is stayed under\nsection 648.\n","sortOrder":607},{"sectionNumber":"648","sectionType":"section","heading":"Stay of review decision","content":"648 Stay of review decision\n(1) This section applies if, under this Law, a person appeals to the\nrelevant appeal body against a review decision relating to—\n(a) a reviewable decision made by the Regulator other than on the\nbasis of a public safety ground; or\n(b) a reviewable decision made by an authorised officer.\n(2) The person may immediately apply to the relevant appeal body for a\nstay of the decision.\n(3) The relevant appeal body may stay the review decision to secure the\neffectiveness of the appeal.\n\nAppeals Part 11.3\n(4) In setting the time for hearing the stay application, the relevant appeal\nbody must allow at least 3 business days between the day the\napplication is filed with it and the hearing day.\n(5) The Regulator is a party to the application.\n(6) The person must serve a copy of the application showing the time and\nplace of the hearing, and any document filed in the relevant appeal\nbody with the application, on the Regulator at least 2 business days\nbefore the hearing.\n(7) The stay—\n(a) may be given on conditions the relevant appeal body considers\nappropriate; and\n(b) operates for the period specified by the relevant appeal body, but\nnot extending past the time when it decides the appeal; and\n(c) may be revoked or amended by the relevant appeal body.\n","sortOrder":608},{"sectionNumber":"649","sectionType":"section","heading":"Powers of relevant appeal body on appeal","content":"649 Powers of relevant appeal body on appeal\n(1) In deciding, under this Law, an appeal against a review decision, the\nrelevant appeal body—\n(a) has the same powers as the person who made the reviewable\ndecision to which the review decision relates; and\n(b) is not bound by the rules of evidence; and\n(c) must comply with natural justice.\n(2) An appeal is by way of rehearing—\n(a) unaffected by the review decision; and\n(b) on the material before the person who made the review decision\nand any further evidence allowed by the relevant appeal body.\n\n(3) After hearing the appeal, the relevant appeal body must—\n(a) confirm the review decision; or\n(b) set aside the review decision and substitute another decision that\nit considers appropriate; or\n(c) set aside the review decision and return the issue to the person\nwho made the reviewable decision to which the review decision\nrelates with the directions that it considers appropriate.\n","sortOrder":609},{"sectionNumber":"650","sectionType":"section","heading":"Effect of decision of relevant appeal body on appeal","content":"650 Effect of decision of relevant appeal body on appeal\nIf, under this Law, the relevant appeal body substitutes another\ndecision for a review decision, the substituted decision is, for the\nrelevant provision of this Law, taken to be that of the person who\nmade the reviewable decision to which the review decision relates.\n\n","sortOrder":610},{"sectionNumber":"651","sectionType":"section","heading":"Policy directions","content":"651 Policy directions\n(1) The responsible Ministers may give directions to the Regulator about\nthe policies to be applied by the Regulator in exercising its functions\n(2) A direction under this section can not be about—\n(a) a particular person; or\n(b) a particular heavy vehicle; or\n(c) a particular application or proceeding.\n(3) The Regulator must comply with a direction given to it by the\nresponsible Ministers under this section.\n(4) A copy of a direction given by the responsible Ministers to the\nRegulator is to be published in the Regulator’s annual report.\n","sortOrder":611},{"sectionNumber":"652","sectionType":"section","heading":"Referral of matters etc. by responsible Minister","content":"652 Referral of matters etc. by responsible Minister\n(1) The responsible Minister for a participating jurisdiction may—\n(a) refer a matter relevant to that jurisdiction to the Regulator for\naction under this Law; or\n(b) ask the Regulator for information about the exercise of the\nRegulator’s functions under this Law as applied in that\n\n(2) However, the Minister can not—\n(a) refer a matter to the Regulator under subsection (1)(a) that may\nrequire the Regulator to take action that is inconsistent with—\n(i) a direction given by the responsible Ministers under\nsection 651; or\n(ii) the approved guidelines; or\n(b) direct the Regulator to take or not to take particular action in\nrelation to a matter referred to the Regulator under\nsubsection (1)(a); or\n(c) otherwise influence the exercise of the Regulator’s functions\n(3) The Regulator may charge a fee for dealing with a referral or request\nmade under subsection (1).\n(4) A fee charged by the Regulator under subsection (3) must be an\namount—\n(a) the Regulator considers reasonable; and\n(b) that is no more than the reasonable cost of dealing with the\nreferral or request.\n(5) Section 740(2) to (4) do not apply to a fee charged by the Regulator\nunder subsection (3).\n","sortOrder":612},{"sectionNumber":"653","sectionType":"section","heading":"Approved guidelines for exemptions, authorisations,","content":"653 Approved guidelines for exemptions, authorisations,\npermits and other authorities\n(1) The responsible Ministers may approve guidelines about any of the\n(b) granting vehicle standards exemptions;\n(c) granting mass or dimension exemptions;\n(d) granting class 2 heavy vehicle authorisations;\n\n(e) granting electronic recording system approvals;\n(f) granting work and rest hours exemptions;\n(g) granting work diary exemptions;\n(h) granting fatigue record keeping exemptions;\n(i) granting heavy vehicle accreditation;\n(j) granting or issuing an exemption, authorisation, permit or\nauthority, or making a declaration, under the national\n(k) granting PBS design approvals and PBS vehicle approvals;\n(l) other matters as referred to in—\n(i) paragraph (a)(ii) of the definition road condition in section\n154; or\n(ii) section 156A(1)(a)(ii); or\n(iii) section 163(1)(b)(ii)(B); or\n(iv) section 174(1)(b); or\n(v) section 178(1)(b).\n(2) The guidelines, and any instrument amending or repealing the\nguidelines, must be published in the Commonwealth Gazette.\n(3) The Regulator must ensure a copy of the guidelines as in force from\ntime to time and any document applied, adopted or incorporated by\nthe guidelines is—\n(a) made available for inspection, without charge, during normal\nbusiness hours at each office of the Regulator; and\n(b) published on the Regulator’s website.\n\n","sortOrder":613},{"sectionNumber":"654","sectionType":"section","heading":"Other approvals","content":"654 Other approvals\n(1) The responsible Ministers may approve—\n(a) a standard for sleeper berths; or\n(b) standards and business rules for—\n(i) advanced fatigue management; or\n(ii) basic fatigue management; or\n(iii) heavy vehicle maintenance management; or\n(iv) heavy vehicle mass management; or\n(c) a class of auditors for the purposes of Chapter 8.\n(2) The approval, and any instrument amending or repealing the\napproval, must be published in the Commonwealth Gazette.\n(3) The Regulator must ensure a copy of an approval in force under\nsubsection (1), and any document the subject of the approval, is—\n(a) made available for inspection, without charge, during normal\nbusiness hours at each office of the Regulator; and\n(b) published on the Regulator’s website.\n","sortOrder":614},{"sectionNumber":"655","sectionType":"section","heading":"How responsible Ministers exercise functions","content":"655 How responsible Ministers exercise functions\n(1) The responsible Ministers are to give a direction or approval, or make\na recommendation, request or decision, for the purposes of a\nprovision of this Law by a resolution passed by the responsible\nMinisters in accordance with the procedures decided by the\n(2) Subsection (1) applies subject to the following—\n(a) subsection (3);\n\n(b) a provision of this Law that provides how a direction or approval\nmust be given, or a recommendation, request or decision must\nbe made, by the responsible Ministers, including, for example, a\nprovision that provides that a recommendation by the\nresponsible Ministers must be unanimous.\n(3) The Commonwealth responsible Minister may decide whether or not\nto participate in the exercise of a function given to the responsible\nMinisters under this Law and, if the Commonwealth responsible\nMinister decides not to participate, the following apply in relation to\nthe exercise of the function—\n(a) a reference in this Law to the responsible Ministers is taken to\nbe a reference to a group of Ministers consisting of the\nresponsible Minister for each participating jurisdiction;\n(b) a direction, approval, recommendation, request or decision by\nthe responsible Ministers is taken to be unanimous if the\nresponsible Minister for each participating jurisdiction agrees\nwith the direction, approval, recommendation, request or\n(4) An act or thing done by the responsible Ministers (whether by\nresolution, instrument or otherwise) does not cease to have effect\nmerely because of a change in the Ministers comprising the\n","sortOrder":615},{"sectionNumber":"655A","sectionType":"section","heading":"Delegation by responsible Ministers","content":"655A Delegation by responsible Ministers\n(1) The responsible Ministers may delegate to the Board the function of\napproving a minor amendment of—\n(a) a guideline mentioned in section 653; or\n(b) an approval mentioned in section 654.\n\nminor amendment, of a guideline or approval, means an amendment\nof the guideline or approval in a minor respect—\n(b) in another way that does not—\n(i) increase a safety risk; or\n(ii) increase a risk of damage to road infrastructure; or\n(iii) cause an adverse effect on public amenity; or\n(iv) make a person liable to a penalty.\n\n","sortOrder":616},{"sectionNumber":"656","sectionType":"section","heading":"Establishment of National Heavy Vehicle Regulator","content":"656 Establishment of National Heavy Vehicle Regulator\n(1) The National Heavy Vehicle Regulator is established.\n(2) It is the intention of the Parliament of this jurisdiction that this Law\nas applied by an Act of this jurisdiction, together with this Law as\napplied by Acts of the other participating jurisdictions, has the effect\nthat the National Heavy Vehicle Regulator is one single national\nentity, with functions conferred by this Law as so applied.\n(3) The Regulator has power to do acts in or in relation to this jurisdiction\nin the exercise of a function expressed to be conferred on it by this\nLaw as applied by Acts of each participating jurisdiction.\n(4) The Regulator may exercise its functions in relation to—\n(a) one participating jurisdiction; or\n(b) 2 or more or all participating jurisdictions collectively.\n","sortOrder":617},{"sectionNumber":"657","sectionType":"section","heading":"Status of Regulator","content":"657 Status of Regulator\n(1) The Regulator—\n(a) is a body corporate with perpetual succession; and\n(b) has a common seal; and\n(c) may sue and be sued in its corporate name.\n(2) The Regulator represents the State.\n\n","sortOrder":618},{"sectionNumber":"658","sectionType":"section","heading":"General powers of Regulator","content":"658 General powers of Regulator\n(1) The Regulator has all the powers of an individual and, in particular,\nmay—\n(a) enter into contracts; and\n(b) acquire, hold, dispose of, and deal with, real and personal\nproperty; and\n(c) do anything necessary or convenient to be done in the exercise\nof its functions.\n(2) Without limiting subsection (1), the Regulator may enter into an\nagreement with a State or Territory that makes provision for—\n(a) the State or Territory to provide services to the Regulator that\nassist the Regulator in exercising its functions; or\n(b) the Regulator to provide services to the State or Territory\nrelating to the functions of the Regulator under this Law.\n","sortOrder":619},{"sectionNumber":"659","sectionType":"section","heading":"Functions of Regulator","content":"659 Functions of Regulator\n(1) The Regulator’s main function is to achieve the object of this Law.\n(2) Without limiting subsection (1), the Regulator has the following\nfunctions—\n(a) to provide the necessary administrative services for the\noperation of this Law, including, for example, collecting fees,\ncharges and other amounts payable under this Law;\n(aa) to keep the database of heavy vehicles;\n(b) to monitor compliance with this Law;\n(c) to investigate contraventions or possible contraventions of\nprovisions of this Law, including offences against this Law;\n\n(d) to bring and conduct proceedings in relation to contraventions\nor possible contraventions of provisions of this Law, including\noffences against this Law;\n(e) to bring and conduct, or conduct and defend, appeals from\ndecisions in proceedings mentioned in paragraph (d);\n(f) to conduct reviews of particular decisions made under this Law\nby the Regulator or authorised officers;\n(g) to conduct and defend appeals from decisions on reviews\nmentioned in paragraph (f);\n(h) to implement and manage an audit program for heavy vehicle\naccreditations granted under this Law;\n(i) to monitor and review, and report to the responsible Ministers\non, the operation of this Law, including, for example,\nmonitoring, reviewing and reporting on—\n(i) the extent to which the object of this Law or particular\naspects of this Law are being achieved; and\n(ii) the extent and nature of noncompliance with this Law; and\n(iii) the outcome of activities for monitoring and investigating\ncompliance with this Law; and\n(iv) the effect of heavy vehicle accreditation on achieving the\nobject of this Law or particular aspects of this Law; and\n(v) the effect of modifications to this Law as it applies in a\nparticular participating jurisdiction on achieving the object\nof this Law or particular aspects of this Law;\n(j) to identify and promote best practice methods—\n(i) for complying with this Law; and\n(ii) for managing risks to public safety arising from the use of\nheavy vehicles on roads; and\n\n(iii) for the productive and efficient road transport of goods or\npassengers by heavy vehicles;\n(k) to encourage and promote safe and productive business practices\nof persons involved in the road transport of goods or passengers\nby heavy vehicles that do not compromise the object of this Law;\n(ka) to provide advice, information and education to persons with\nduties or obligations under this Law about compliance with the\nduties or obligations;\n(l) to work collaboratively with other law enforcement agencies to\nensure a nationally consistent approach for enforcing\ncontraventions of laws involving heavy vehicles;\n(m) to work collaboratively with road managers, the National\nTransport Commission and industry bodies to ensure a wide\nunderstanding of the object of this Law or particular aspects of\nthis Law, and encourage participation in achieving the object;\n(n) the other functions conferred on it under this Law.\n","sortOrder":620},{"sectionNumber":"660","sectionType":"section","heading":"Cooperation with participating jurisdictions and","content":"660 Cooperation with participating jurisdictions and\nCommonwealth\n(1) The Regulator may exercise any of its functions in cooperation with\nor with the assistance of a participating jurisdiction or the\nCommonwealth, including in cooperation with or with the assistance\nof a government agency of a participating jurisdiction or of the\nCommonwealth.\n(2) In particular, the Regulator may—\n(a) ask a government agency of a participating jurisdiction or the\nCommonwealth for information that the Regulator requires to\nexercise its functions under this Law; and\n(b) use the information provided to exercise its functions under this\nLaw.\n\n(c) give information to a government agency of a participating\njurisdiction or the Commonwealth that the agency requires to\nexercise its functions under a law of the participating\njurisdiction or the Commonwealth.\n(3) A government agency that receives a request for information under\nthis section from the Regulator is authorised to give the information\n(4) A government agency that receives information under this section\nfrom the Regulator is authorised to use the information only to\nexercise its functions mentioned in subsection (2)(c).\n","sortOrder":621},{"sectionNumber":"661","sectionType":"section","heading":"Delegation","content":"661 Delegation\n(1) The Regulator may delegate any of its functions to—\n(a) the chief executive of an entity or a department of government\nof a participating jurisdiction or the Commonwealth; or\n(b) the chief executive officer or another member of the staff of the\n(c) a person engaged as a contractor by the Regulator; or\n(d) any other person whom the Regulator considers is appropriately\nqualified to exercise the function.\n(2) A delegation of a function may permit the subdelegation of the\nfunction to an appropriately qualified person.\nSee section 29 of Schedule 1 which provides for matters relating to the\ndelegation and subdelegation of functions.\n\nSubdivision 1 Establishment and functions\n","sortOrder":622},{"sectionNumber":"662","sectionType":"section","heading":"Establishment of National Heavy Vehicle Regulator Board","content":"662 Establishment of National Heavy Vehicle Regulator Board\n(1) The Regulator has a governing board known as the National Heavy\nVehicle Regulator Board.\n(2) It is the intention of the Parliament of this jurisdiction that this Law\nas applied by an Act of this jurisdiction, together with this Law as\napplied by Acts of the other participating jurisdictions, has the effect\nthat the National Heavy Vehicle Regulator Board is one single\nnational entity, with functions conferred by this Law as so applied.\n(3) The Board has power to do acts in or in relation to this jurisdiction in\nthe exercise of a function expressed to be conferred on it by this Law\nas applied by Acts of each participating jurisdiction.\n(4) The Board may exercise its functions in relation to—\n(a) one participating jurisdiction; or\n(b) 2 or more or all participating jurisdictions collectively.\n","sortOrder":623},{"sectionNumber":"663","sectionType":"section","heading":"Membership of Board","content":"663 Membership of Board\n(1) The Board consists of 5 members appointed by the Queensland\nMinister on the unanimous recommendation of the responsible\n(2) The members of the Board must consist of—\n(a) at least 1 member who has expertise in transportation policy; and\n(b) at least 1 other member who has expertise in economics, law,\naccounting, social policy or education and training; and\n(c) at least 1 other member who has experience in managing risks\nto public safety arising from the use of vehicles on roads; and\n\n(d) at least 1 other member who has financial management skills,\nbusiness skills, administrative expertise or other skills or\nexperience the responsible Ministers believe is appropriate.\n(3) Of the members of the Board, one is to be appointed by the\nQueensland Minister, on the unanimous recommendation of the\nresponsible Ministers, as the Chairperson of the Board and another as\nthe Deputy Chairperson.\n","sortOrder":624},{"sectionNumber":"664","sectionType":"section","heading":"Functions of Board","content":"664 Functions of Board\n(1) The affairs of the Regulator are to be controlled by the Board.\n(2) Without limiting subsection (1), the Board’s functions include the\n(a) subject to any directions of the responsible Ministers, deciding\nthe policies of the Regulator;\n(b) ensuring the Regulator exercises its functions in a proper,\neffective and efficient way.\n(3) All acts and things done in the name of, or on behalf of, the Regulator\nby or with the authority of the Board are taken to have been done by\n(4) The Board has any other functions given to the Board under this Law.\nSubdivision 2 Members\n","sortOrder":625},{"sectionNumber":"665","sectionType":"section","heading":"Terms of office of members","content":"665 Terms of office of members\n(1) Subject to this Division, a member of the Board holds office for the\nperiod, not more than 3 years, specified in the member’s instrument\nof appointment.\n(2) If otherwise qualified, a member of the Board is eligible for\nreappointment.\n\n","sortOrder":626},{"sectionNumber":"666","sectionType":"section","heading":"Remuneration","content":"666 Remuneration\nA member of the Board is entitled to be paid the remuneration and\nallowances decided by the responsible Ministers from time to time.\n","sortOrder":627},{"sectionNumber":"667","sectionType":"section","heading":"Vacancy in office of member","content":"667 Vacancy in office of member\n(1) The office of a member of the Board becomes vacant if the member—\n(a) completes a term of office; or\n(b) resigns the office by signed notice given to the responsible\nMinisters; or\n(c) has been found guilty of an offence, whether in a participating\njurisdiction or elsewhere, that the responsible Ministers consider\nrenders the member unfit to continue to hold the office of\nmember; or\n(d) becomes bankrupt, applies to take the benefit of any law for the\nrelief of bankrupt or insolvent debtors, compounds with the\nmember’s creditors or makes an assignment of the member’s\nremuneration for their benefit; or\n(e) is absent, without leave first being granted by the relevant entity,\nfrom 3 or more consecutive meetings of the Board of which\nreasonable notice has been given to the member personally or\nby post; or\n(f) is removed from office by the Queensland Minister under this\nsection; or\n(g) dies.\n(2) The Queensland Minister may remove a member of the Board from\noffice if the responsible Ministers recommend the removal of the\nmember on the basis that the member has engaged in misconduct or\nhas failed to or is unable to properly exercise the member’s functions\nas a member of the Board.\n\nrelevant entity means—\n(a) for a member who is the Chairperson of the Board—the\nresponsible Ministers; or\n(b) for another member—the Chairperson of the Board.\n","sortOrder":628},{"sectionNumber":"668","sectionType":"section","heading":"Board member to give responsible Ministers notice of","content":"668 Board member to give responsible Ministers notice of\ncertain events\nA member of the Board must, within 7 days of either of the following\nevents occurring, give the responsible Ministers notice of the event—\n(a) the member is convicted of an offence;\n(b) the member becomes bankrupt, applies to take the benefit of any\nlaw for the relief of bankrupt or insolvent debtors, compounds\nwith the member’s creditors or makes an assignment of the\nmember’s remuneration for their benefit.\n","sortOrder":629},{"sectionNumber":"669","sectionType":"section","heading":"Extension of term of office during vacancy in","content":"669 Extension of term of office during vacancy in\nmembership\n(1) If the office of a member of the Board becomes vacant because the\nmember has completed the member’s term of office, the member is\ntaken to continue to be a member during that vacancy until the date\non which the vacancy is filled, whether by re-appointment of the\nmember or appointment of a successor to the member.\n(2) However, this section ceases to apply to the member if—\n(a) the member resigns the member’s office by signed notice given\nto the responsible Ministers; or\n(b) the responsible Ministers decide the services of the member are\nno longer required.\n\n(3) The maximum period for which a member of the Board is taken to\ncontinue to be a member under this section after completion of the\nmember’s term of office is 6 months.\n","sortOrder":630},{"sectionNumber":"670","sectionType":"section","heading":"Members to act in public interest","content":"670 Members to act in public interest\nA member of the Board is to act impartially and in the public interest\nin the exercise of the member’s functions as a member.\n","sortOrder":631},{"sectionNumber":"671","sectionType":"section","heading":"Disclosure of conflict of interest","content":"671 Disclosure of conflict of interest\n(1) If a member of the Board has a direct or indirect pecuniary or other\ninterest that conflicts or may conflict with the exercise of the\nmember’s functions as a member, the member must, as soon as\npossible after the relevant facts have come to the member’s\nknowledge, disclose the nature of the member’s interest and the\nconflict to—\n(a) for a member who is the Chairperson of the Board—the\nresponsible Ministers; or\n(b) for another member—the Chairperson of the Board.\n(2) If a disclosure is made under subsection (1), the entity to whom the\ndisclosure is made must notify the Board of the disclosure.\n(3) Particulars of any disclosure made under subsection (1) must be\nrecorded by the Board in a register of interests kept for the purpose.\n(4) After a member of the Board has disclosed the nature of an interest\nand conflict or potential conflict under subsection (1), the member\nmust not be present during any deliberation of the Board with respect\nto any matter that is, or may be, affected by the conflict, or take part\nin any decision of the Board with respect to any matter that is, or may\nbe, affected by the conflict, unless—\n(a) for a member who is the Chairperson of the Board, the\nresponsible Ministers otherwise decide; or\n(b) for another member, the Board otherwise decides.\n\n(5) For the purposes of the making of a decision by the Board under\nsubsection (4) in relation to a matter, a member of the Board who has\na direct or indirect pecuniary or other interest that conflicts or may\nconflict with the exercise of the member’s functions as a member with\nrespect to the matter must not—\n(a) be present during any deliberation of the Board for the purpose\nof making the decision; or\n(b) take part in the making of the decision by the Board.\n(6) A contravention of this section does not invalidate any decision of the\nBoard but if the Board becomes aware a member of the Board\ncontravened this section, the Board must reconsider any decision\nmade by the Board in which the member took part in contravention\nof this section.\nSubdivision 3 Meetings\n","sortOrder":632},{"sectionNumber":"672","sectionType":"section","heading":"General procedure","content":"672 General procedure\n(1) The procedure for the calling of meetings of the Board and for the\nconduct of business at the meetings is, subject to this Law, to be\ndecided by the Board.\n(2) Without limiting subsection (1), the Chairperson of the Board—\n(a) may at any time call a meeting of the Board; and\n(b) must call a meeting if asked, in writing, by at least 3 other\nmembers of the Board.\n","sortOrder":633},{"sectionNumber":"673","sectionType":"section","heading":"Quorum","content":"673 Quorum\nThe quorum for a meeting of the Board is a majority of its members.\n\n","sortOrder":634},{"sectionNumber":"674","sectionType":"section","heading":"Chief executive officer may attend meetings","content":"674 Chief executive officer may attend meetings\n(1) The chief executive officer of the Regulator may attend meetings of\nthe Board and participate in discussions of the Board.\n(2) However, the chief executive officer—\n(a) must, as soon as possible after becoming aware that the chief\nexecutive officer has a direct personal interest in a matter to be\nconsidered by the Board, disclose the interest to the Chairperson\nof the Board; and\n(b) is not entitled to be present during the consideration by the\nBoard of any matter in which the chief executive officer has a\ndirect personal interest; and\n(c) is not entitled to vote at a meeting.\n","sortOrder":635},{"sectionNumber":"675","sectionType":"section","heading":"Presiding member","content":"675 Presiding member\n(1) The Chairperson of the Board is to preside at a meeting of the Board.\n(2) However, in the absence of the Chairperson of the Board the\nfollowing person is to preside at a meeting of the Board—\n(a) if the Deputy Chairperson of the Board is present at the meeting,\nthe Deputy Chairperson;\n(b) otherwise, a person elected by the members of the Board who\nare present at the meeting.\n(3) The presiding member has a deliberative vote and, in the event of an\nequality of votes, has a second or casting vote.\n","sortOrder":636},{"sectionNumber":"676","sectionType":"section","heading":"Voting","content":"676 Voting\nA decision supported by a majority of the votes cast at a meeting of\nthe Board at which a quorum is present is the decision of the Board.\n\nChief executive officer Division 3\n","sortOrder":637},{"sectionNumber":"677","sectionType":"section","heading":"Minutes","content":"677 Minutes\nThe Chairperson or other member of the Board presiding at a meeting\nof the Board must ensure minutes of the meeting are taken.\n","sortOrder":638},{"sectionNumber":"678","sectionType":"section","heading":"First meeting","content":"678 First meeting\nThe Chairperson of the Board may call the first meeting of the Board\nin any way the Chairperson thinks fit.\n","sortOrder":639},{"sectionNumber":"679","sectionType":"section","heading":"Defects in appointment of members","content":"679 Defects in appointment of members\nA decision of the Board is not invalidated by any defect or irregularity\nin the appointment of any member of the Board.\nSubdivision 4 Committees\n","sortOrder":640},{"sectionNumber":"680","sectionType":"section","heading":"Committees","content":"680 Committees\n(1) The Board may establish committees to assist the Board in exercising\nits functions.\n(2) The members of a committee need not be members of the Board.\n(3) A member of a committee is appointed on the terms and conditions\nthe Board considers appropriate, including terms about remuneration.\n(4) The procedure for the calling of meetings of a committee and for the\nconduct of business at the meetings may be decided by the Board or,\nsubject to any decision of the Board, by the committee.\nDivision 3 Chief executive officer\n","sortOrder":641},{"sectionNumber":"681","sectionType":"section","heading":"Chief executive officer","content":"681 Chief executive officer\n(1) There is to be a chief executive officer of the Regulator.\n(2) The chief executive officer is to be appointed by the Board.\n(3) The chief executive officer is to be appointed for a period, not more\nthan 5 years, specified in the officer’s instrument of appointment.\n\n(4) The chief executive officer is eligible for re-appointment.\n(5) The chief executive officer is taken, while holding that office, to be a\nmember of the staff of the Regulator.\n","sortOrder":642},{"sectionNumber":"682","sectionType":"section","heading":"Functions of chief executive officer","content":"682 Functions of chief executive officer\nThe chief executive officer of the Regulator—\n(a) is responsible for the day-to-day management of the Regulator;\nand\n(b) has any other functions conferred on the chief executive officer\nby the Board.\n","sortOrder":643},{"sectionNumber":"683","sectionType":"section","heading":"Delegation by chief executive officer","content":"683 Delegation by chief executive officer\nThe chief executive officer of the Regulator may delegate any of the\nfunctions conferred on the officer, other than this power of\ndelegation, to—\n(a) an appropriately qualified member of the staff of the Regulator;\nor\n(b) the chief executive of an entity, or a department of government,\nof a participating jurisdiction.\n","sortOrder":644},{"sectionNumber":"684","sectionType":"section","heading":"Staff","content":"684 Staff\n(1) The Regulator may, for the purpose of exercising its functions,\nemploy staff.\n(2) The staff of the Regulator are to be employed on the terms and\nconditions decided by the Regulator from time to time.\n(3) Subsection (2) is subject to any relevant industrial award or\nagreement that applies to the staff.\n\nStaff Division 4\n","sortOrder":645},{"sectionNumber":"685","sectionType":"section","heading":"Staff seconded to Regulator","content":"685 Staff seconded to Regulator\nThe Regulator may make arrangements for the services of any of the\nfollowing persons to be made available to the Regulator in connection\nwith the exercise of its functions—\n(a) a member of the staff of a government agency of the\nCommonwealth, a State or a Territory;\n(b) a member of the staff of a local government authority.\n","sortOrder":646},{"sectionNumber":"686","sectionType":"section","heading":"Consultants and contractors","content":"686 Consultants and contractors\n(1) The Regulator may engage persons with suitable qualifications and\nexperience as consultants or contractors.\n(2) The terms and conditions of engagement of consultants or contractors\nare as decided by the Regulator from time to time.\n\n","sortOrder":647},{"sectionNumber":"686A","sectionType":"section","heading":"Database of heavy vehicles","content":"686A Database of heavy vehicles\n(1) The Regulator must keep a database of heavy vehicles that enables\nthe identification of a heavy vehicle registered under a law of a\nparticipating jurisdiction and the registered operator of the vehicle.\n(2) The database of heavy vehicles must—\n(a) be kept in the way prescribed by the national regulations; and\n(b) contain the information prescribed by the national regulations.\n(3) The Regulator may include in the database of heavy vehicles other\ninformation the Regulator considers relevant to the objects of this\nLaw, including information given by another Australian jurisdiction\n(4) The Regulator may require a registration authority that registers a\nheavy vehicle under a law of a participating jurisdiction to give the\nRegulator the information prescribed under subsection (2)(b) as soon\nas reasonably practicable after the registration authority receives the\n(5) If the registration authority becomes aware of a change to the\ninformation given to the Regulator under subsection (4), the\nregistration authority must, as soon as reasonably practicable after\nbecoming aware of the change, notify the Regulator of the change.\n\nDatabase of heavy vehicles Part 12.2A\n","sortOrder":648},{"sectionNumber":"686B","sectionType":"section","heading":"Regulator may share information in database of heavy","content":"686B Regulator may share information in database of heavy\nThe Regulator may give information included in the database of\nheavy vehicles to—\n(a) a registration authority for a participating jurisdiction or another\nAustralian jurisdiction; or\n(b) a police force or police service for a participating jurisdiction or\nanother Australian jurisdiction.\n\n","sortOrder":649},{"sectionNumber":"687","sectionType":"section","heading":"National Heavy Vehicle Regulator Fund","content":"687 National Heavy Vehicle Regulator Fund\n(1) The National Heavy Vehicle Regulator Fund is established.\n(2) The Fund is to be administered by the Regulator.\n(3) The Regulator may establish accounts with any financial institution\nfor money in the Fund.\n(4) The Fund does not form part of the consolidated fund or consolidated\naccount (however described) of a participating jurisdiction or the\nCommonwealth.\n","sortOrder":650},{"sectionNumber":"688","sectionType":"section","heading":"Payments into Fund","content":"688 Payments into Fund\n(1) There is payable into the Fund (except as provided by\nsubsection (2))—\n(a) all money appropriated by the Parliament of any participating\njurisdiction or the Commonwealth for the purposes of the Fund;\nand\n(b) all fees, charges, costs and expenses paid to or recovered by the\nRegulator under this Law; and\n(c) the proceeds of the investment of money in the Fund; and\n(d) all grants, gifts and donations made to the Regulator, but subject\nto any trusts declared in relation to the grants, gifts or donations;\nand\n(e) all money directed or authorised to be paid into the Fund under\nthis Law, any law of a participating jurisdiction or any law of\nthe Commonwealth; and\n(f) any other money or property received by the Regulator in\nconnection with the exercise of its functions; and\n\nFinance Division 1\n(g) any money paid to the Regulator for the provision of services to\na State or Territory under an agreement mentioned in\nsection 658(2)(b).\n(2) Money that is received by the Regulator under an agreement\nmentioned in section 658(2)(b) and that is payable to another entity\nunder the agreement is not payable into the Fund.\n","sortOrder":651},{"sectionNumber":"689","sectionType":"section","heading":"Payments out of Fund","content":"689 Payments out of Fund\nPayments may be made from the Fund for the purpose of—\n(a) paying any costs or expenses, or discharging any liabilities,\nincurred in the administration or enforcement of this Law,\nincluding, for example, payments made to a State or Territory\nfor the provision of services under an agreement mentioned in\nsection 658(2)(a); and\n(b) paying any money directed or authorised to be paid out of the\nFund under this Law; and\n(c) making any other payments recommended by the Regulator and\napproved by the responsible Ministers.\n","sortOrder":652},{"sectionNumber":"690","sectionType":"section","heading":"Investment by Regulator","content":"690 Investment by Regulator\n(1) The Regulator must invest its funds in a way that is secure and\nprovides a low risk so that the Regulator’s exposure to the loss of\nfunds is minimised.\n(2) The Regulator must keep records that show it has invested in a way\nthat complies with subsection (1).\n","sortOrder":653},{"sectionNumber":"691","sectionType":"section","heading":"Financial management duties of Regulator","content":"691 Financial management duties of Regulator\nThe Regulator must—\n(a) ensure its operations are carried out efficiently, effectively and\neconomically; and\n\n(b) keep proper books and records in relation to the Fund and other\nmoney received by the Regulator; and\n(c) ensure expenditure is made from the Fund for lawful purposes\nonly and, as far as possible, that reasonable value is obtained for\nmoney expended from the Fund; and\n(d) ensure its procedures, including internal control procedures,\nafford adequate safeguards with respect to—\n(i) the correctness, regularity and propriety of payments made\nfrom the Fund; and\n(ii) receiving and accounting for payments made to the Fund;\nand\n(iii) prevention of fraud or mistake; and\n(e) take any action necessary to ensure the preparation of accurate\nfinancial statements in accordance with Australian Accounting\nStandards for inclusion in its annual report; and\n(f) take any action necessary to facilitate the audit of the financial\nstatements under this Law; and\n(g) arrange for any further audit by a qualified person of the books\nand records kept by the Regulator if directed to do so by the\n","sortOrder":654},{"sectionNumber":"692","sectionType":"section","heading":"Amounts payable to other entities","content":"692 Amounts payable to other entities\n(1) The Regulator may establish accounts with any financial institution\nfor money referred to in section 688(2), pending payment of the\nmoney to States, Territories or other entities entitled to receive it\nunder—\n(a) applicable agreements mentioned in section 658(2)(b); or\n(b) arrangements approved by the responsible Ministers, to the\nextent applicable agreements do not make provision for\npayment.\n\nReporting and planning arrangements Division 2\n(2) Money in an account established under this section does not form part\nof the consolidated fund or consolidated account (however described)\nof a participating jurisdiction or the Commonwealth.\n","sortOrder":655},{"sectionNumber":"693","sectionType":"section","heading":"Annual report","content":"693 Annual report\n(1) The Regulator must, within 3 months after the end of each financial\nyear, give the responsible Ministers an annual report for the financial\nyear.\n(2) The annual report must—\n(a) include for the period to which the report relates—\n(i) the financial statements that have been audited by an\nauditor decided by the responsible Ministers; and\n(ii) a statement of actual performance measured against the\nNational Performance Measures (Standards and\nIndicators) outlined in the current corporate plan under\nsection 695; and\n(iii) a statement of exceptions where the National Performance\nMeasures (Standards and Indicators) were not achieved,\nincluding a statement of issues that impacted on the\nachievement of the measures; and\n(iv) a statement of trend analysis relating to performance\nmeasured against the National Performance Measures\n(Standards and Indicators); and\n(v) a statement of the outcome of consultation strategies and\nactivities, including a summary of industry comments; and\n(vi) a statement of the achievements attained in implementing,\nand the challenges encountered in implementing, the\nRegulator’s objectives stated in the current corporate plan;\nand\n\n(vii) a statement of the achievements attained in the exercise of\nthe Regulator’s functions; and\n(viii) a statement of arrangements in place to secure\ncollaboration with State and Territory agencies and the\neffectiveness of those arrangements; and\n(ix) a statement indicating the nature of any reports requested\nby the responsible Ministers under section 694; and\n(x) other matters required by the national regulations; and\n(b) be prepared in the way required by the national regulations.\n(3) Without limiting subsection (2)(b), the national regulations may\nprovide—\n(a) that the financial statements are to be prepared in accordance\nwith Australian Accounting Standards; and\n(b) for the auditing of the financial statements.\n(4) The responsible Ministers are to make arrangements for the tabling\nof the Regulator’s annual report in each House of the Parliament of\neach participating jurisdiction and of the Commonwealth.\n(5) As soon as practicable after the annual report has been tabled in at\nleast one House of the Parliament of a participating jurisdiction, the\nRegulator must publish a copy of the report on the Regulator’s\n","sortOrder":656},{"sectionNumber":"694","sectionType":"section","heading":"Other reports","content":"694 Other reports\nThe responsible Ministers may, by written direction given to the\nRegulator, require the Regulator to give to the responsible Ministers,\nwithin the period stated in the direction, a report about any matter that\nrelates to the exercise by the Regulator of its functions.\n\nReporting and planning arrangements Division 2\n","sortOrder":657},{"sectionNumber":"695","sectionType":"section","heading":"Corporate plans","content":"695 Corporate plans\n(1) The Regulator must, on an annual basis, prepare and give to the\nresponsible Ministers for approval by the Ministers a corporate plan\nfor each 3 year period.\n(2) The corporate plan must—\n(a) outline the Regulator’s objectives for the 3 year period; and\n(b) state how the Regulator’s objectives will be implemented during\nthe 3 year period; and\n(c) contain a statement outlining the National Performance\nMeasures (Standards and Indicators), determined by the\nRegulator under subsection (4), for the 3 year period, including\n(but not limited to) annual measures for each of the 3 years\nspecifying—\n(i) the standards expected to be complied with for each year;\nand\n(ii) the performance indicators proposed to be used for\nmeasuring the Regulator’s progress in implementing the\nRegulator’s objectives during the year; and\n(d) identify any challenges and risks that the Regulator reasonably\nbelieves may have a significant impact, during the 3 year period,\non—\n(i) the Regulator’s ability to implement the Regulator’s\nobjectives; and\n(ii) the achievement of the object of this Law; and\n(iii) the exercise of the Regulator’s functions; and\n(e) include the Regulator’s proposed budget for each financial year\ncommencing within the 3 year period.\n\n(3) The Regulator must, by notice given to the responsible Ministers,\nadvise the Ministers if either of the following occurs—\n(a) the Regulator makes a significant amendment to its corporate\nplan;\n(b) the Regulator becomes aware of an issue that will have a\nsignificant impact on its ability to implement the objectives\nstated in the corporate plan.\n(4) The Regulator must publish documentation for National Performance\nMeasures on the Regulator’s website and determine National\nPerformance Measures (Standards and Indicators) in accordance with\nthe documentation.\n","sortOrder":658},{"sectionNumber":"696","sectionType":"section","heading":"Application of particular Queensland Acts to this Law","content":"696 Application of particular Queensland Acts to this Law\n(1) The following Acts, as in force from time to time, apply for the\npurposes of this Law—\n(a) the Information Privacy Act 2009 of Queensland;\n(b) the Public Records Act 2002 of Queensland;\n(c) the Right to Information Act 2009 of Queensland.\n(2) However, the Acts mentioned in subsection (1) do not apply for the\npurposes of this Law to the extent that—\n(a) functions under this Law are being exercised by a State or\nTerritory entity; or\n(b) without limiting paragraph (a), functions are being exercised by\na State or Territory entity under an agreement mentioned in\nsection 658(2)(a) or under a delegation under this Law.\n(3) The national regulations may modify an Act mentioned in\nsubsection (1) for the purposes of this Law.\n\nProvisions relating to persons exercising functions under Law Division 4\n(4) Without limiting subsection (3), the national regulations may—\n(a) provide that the Act applies as if a provision of the Act specified\nin the regulations were omitted; or\n(b) provide that the Act applies as if an amendment to the Act made\nby a law of Queensland, and specified in the regulations, had not\ntaken effect; or\n(c) confer a function on a State or Territory entity; or\n(d) confer jurisdiction on a tribunal or court of a participating\n(5) An Act mentioned in subsection (1) applies for the purposes of this\nLaw as if the Minister responsible for a government agency were the\nresponsible Ministers in relation to a body established by this Law.\n(6) Subsection (5) applies to an Act mentioned in subsection (1) with the\nmodifications (if any) mentioned in subsection (3), but does not apply\nin relation to any provisions of that Act specified in the national\nregulations for the purposes of this subsection.\nState or Territory entity does not include the Regulator.\nDivision 4 Provisions relating to persons\nexercising functions under Law\n","sortOrder":659},{"sectionNumber":"697","sectionType":"section","heading":"General duties of persons exercising functions under this","content":"697 General duties of persons exercising functions under this\nLaw\n(1) A person exercising functions under this Law must, when exercising\nthe functions, act honestly and with integrity.\n(2) A person exercising functions under this Law must exercise the\nperson’s functions under this Law—\n(a) in good faith; and\n\nDivision 4 Provisions relating to persons exercising functions under Law\n(b) with a reasonable degree of care, diligence and skill.\n(3) A person exercising functions under this Law must not make\nimproper use of the person’s position or of information that comes to\nthe person’s knowledge in the course of, or because of, the person’s\nexercise of the functions—\n(a) to gain an advantage for himself or herself or another person; or\n(b) to cause a detriment to the implementation or operation of this\nLaw.\nMaximum penalty for the purposes of subsection (3)—$10000.\n","sortOrder":660},{"sectionNumber":"698","sectionType":"section","heading":"Protection from personal liability for persons exercising","content":"698 Protection from personal liability for persons exercising\nRegulator’s or Board’s functions under this Law\n(1) A person who is or was a protected person does not incur civil liability\npersonally for anything done or omitted to be done in good faith—\n(a) in the exercise of a function of the Regulator or the Board under\n(b) in the reasonable belief that the act or omission was the exercise\nof a function of the Regulator or the Board under this Law.\n(2) Any liability resulting from an act or omission that would, but for the\npurposes of subsection (1), attach to a protected person attaches\ninstead to the Regulator.\nprotected person means an individual who is any of the following—\n(a) a member of the Board;\n(b) a member of a committee of the Board;\n(c) a member of the staff of the Regulator;\n(d) an authorised officer;\n\nProvisions relating to persons exercising functions under Law Division 4\n(e) a person to whom the Regulator has delegated any of its\nfunctions or to whom functions delegated by the Regulator have\nbeen subdelegated;\n(f) a person acting under the direction or authority of a person\nmentioned in paragraphs (a) to (e), including, for example, a\nperson helping an authorised officer or an assistant mentioned\nin section 518, 519 or 523;\n(g) a person—\n(i) who constitutes a body corporate that exercises functions\nof the Regulator under this Law; and\n(ii) who is, or is of a class, prescribed by the national\n(h) any other person exercising functions of the Regulator under this\nLaw.\n","sortOrder":661},{"sectionNumber":"698A","sectionType":"section","heading":"No liability, right etc. arising from particular functions of","content":"698A No liability, right etc. arising from particular functions of\nauthorised officer or Regulator\n(1) This section applies in relation to anything done by the Regulator or\na protected person in the exercise of—\n(a) a function of an authorised officer under section 479(2); or\n(b) a function of the Regulator under section 659(2)(ka).\n(2) The doing of the thing does not, of itself, give rise to—\n(a) a civil liability of the Regulator or protected person; or\n(b) a right, expectation, duty or obligation that would not otherwise\nbe conferred or imposed on a person in relation to whom the\nthing was done; or\n(c) a defence that would not otherwise be available to a person in\nrelation to whom the thing was done.\n\nDivision 4 Provisions relating to persons exercising functions under Law\n(3) However, subsection (2)(a) applies only to a thing done by the\nRegulator or a protected person in good faith.\nSee also section 698 in relation to civil liability for a thing done in good faith.\n(4) A reference in this section to doing a thing includes a reference to\nomitting to do a thing.\nprotected person see section 698(3).\n\nOffence about discrimination or victimisation Division 1\nDivision 1 Offence about discrimination or\nvictimisation\n","sortOrder":662},{"sectionNumber":"699","sectionType":"section","heading":"Discrimination against or victimisation of employees","content":"699 Discrimination against or victimisation of employees\n(1) An employer must not dismiss an employee, or otherwise prejudice\nan employee in the employee’s employment, for the reason that the\nemployee—\n(a) has helped or given information to a public authority or law\nenforcement agency in relation to a contravention or alleged\ncontravention of this Law; or\n(b) has made a complaint about a contravention or alleged\ncontravention of this Law to an employer, former employer,\nfellow employee, former fellow employee, union or public\nauthority or law enforcement agency.\nExamples of prejudicial conduct in relation to an employee’s employment—\n• demotion of the employee\n• unwarranted transfer of the employee\n• reducing the employee’s terms of employment\n(2) An employer must not fail to offer employment to a prospective\nemployee, or in offering employment to a prospective employee treat\nthe prospective employee less favourably than another prospective\nemployee would be treated in similar circumstances, for the reason\nthat the prospective employee—\n(a) has helped or given information to a public authority or law\nenforcement agency in relation to a contravention or alleged\ncontravention of this Law; or\n\nDivision 1 Offence about discrimination or victimisation\n(b) has made a complaint about a contravention or alleged\ncontravention of this Law to an employer, former employer,\nfellow employee, former fellow employee, union or public\nauthority or law enforcement agency.\n(3) In a proceeding for an offence against subsection (1) or (2), if all the\nfacts constituting the offence other than the reason for the defendant’s\naction are proved, the defendant has the onus of proving that the\ndefendant’s action was not for the reason alleged in the charge for the\noffence.\nemployee includes an individual who works under a contract for\nemployer, of a prospective employee, includes a prospective\nemployer of the employee.\n","sortOrder":663},{"sectionNumber":"700","sectionType":"section","heading":"Order for damages or reinstatement","content":"700 Order for damages or reinstatement\n(1) This section applies if a court convicts an employer of an offence\nagainst section 699 in relation to an employee or prospective\nemployee.\n(2) In addition to imposing a penalty, the court may make 1 or more of\nthe following orders—\n(a) an order that the employer pay, within a stated period, the\nemployee or prospective employee the damages the court\nconsiders appropriate to compensate the employee or\nprospective employee;\n(b) for an employee—an order that the employee be reinstated or\nre-employed in the employee’s former position or, if that\nposition is not available, in a similar position;\n\n(c) for a prospective employee—an order that the prospective\nemployee be employed in the position for which the prospective\nemployee applied or, if that position is not available, in a similar\nposition.\n(3) An order for damages under subsection (2)(a)—\n(a) can not be for an amount exceeding the monetary jurisdictional\nlimit of the court in civil proceedings; and\n(b) is taken to be, and is enforceable as, a judgment of the court\nsitting in civil proceedings.\n(4) A person against whom an order is made under subsection (2)(b) or\n(c) must comply with the order.\nemployee includes an individual who works under a contract for\nemployer, of a prospective employee, includes a prospective\nemployer of the employee.\nDivision 2 Offences about false or misleading\n","sortOrder":664},{"sectionNumber":"701","sectionType":"section","heading":"False or misleading statements","content":"701 False or misleading statements\n(1) A person commits an offence if the person makes a statement to an\nofficial that the person knows is false or misleading.\n(2) A person commits an offence if the person—\n(a) makes a statement to an official that is false or misleading; and\n\n(b) is reckless as to whether the statement is false or misleading.\n(3) Subsections (1) and (2) apply even if the statement was not given in\n(4) In a proceeding for an offence against subsection (1) or (2), it is\nenough for a charge to state that the statement made was ‘false or\nmisleading’, without specifying whether it was false or whether it was\nofficial includes—\n(a) TCA exercising a function under Chapter 7; and\n(b) a person exercising a function under this Law under the direction\nor authority of an official.\n","sortOrder":665},{"sectionNumber":"702","sectionType":"section","heading":"False or misleading documents","content":"702 False or misleading documents\n(1) A person commits an offence if the person gives an official a\ndocument containing information the person knows is false or\n(2) Subsection (1) does not apply if the person, when giving the\ndocument—\n(a) tells the official how information contained in the document is\nfalse or misleading; and\n(b) if the person has the correct information—gives the correct\n\n(3) A person commits an offence if the person—\n(a) gives an official a document containing information that is false\nor misleading; and\n(b) is reckless as to whether information contained in the document\nis false or misleading.\n(4) Subsections (1) and (3) apply even if the document was not given in\n(5) In a proceeding for an offence against subsection (1) or (3), it is\nenough for a charge to state that the information was ‘false or\nmisleading’, without specifying whether it was false or whether it was\nofficial includes—\n(a) TCA exercising a function under Chapter 7; and\n(b) a person exercising a function under this Law under the direction\nor authority of an official.\n","sortOrder":666},{"sectionNumber":"703","sectionType":"section","heading":"False or misleading information given by responsible","content":"703 False or misleading information given by responsible\nperson to another responsible person\n(1) A responsible person for a heavy vehicle (the information giver)\nmust not give another responsible person for a heavy vehicle (the\naffected person) information the information giver knows, or ought\nreasonably to know, is false or misleading in a material particular.\n\n(2) A responsible person for a heavy vehicle (also the information giver)\nmust not give another responsible person for a heavy vehicle (the\naffected person) information that is false or misleading in a material\nparticular if the information giver does so recklessly as to whether the\ninformation is false or misleading in the material particular.\n(3) Subsections (1) and (2) do not apply if the affected person knew, or\nought reasonably to have known, that the information was false or\nmisleading in the material particular.\n(4) Subsection (1) or (2) does not apply if the information giver gives the\ninformation in writing and, when giving the information—\n(a) tells the affected person how it is false or misleading; and\n(b) if the information giver has the correct information—gives the\ncorrect information in writing.\n(5) Subsection (1) or (2) applies even if the information was not given in\n(6) In a proceeding for an offence against subsection (1) or (2)—\n(a) it is enough for a charge to state that the statement made was\n‘false or misleading’, without specifying whether it was false or\nwhether it was misleading; and\n(b) it is enough for a charge to state that the information given was\nfalse or misleading to the information giver’s knowledge,\nwithout specifying whether the information giver knew or ought\nreasonably to have known the information was false or\n\ninformation means information in any form, whether or not in\nwriting.\nmaterial particular means a particular relating to an element of an\noffence against this Law that is or could be committed by a person\nmentioned in paragraph (a) or (b) if the person relies, or were to rely,\non the particular—\n(a) the responsible person for a heavy vehicle to whom the\ninformation is given;\n(b) any other responsible person for a heavy vehicle who, at any\ntime, is given the false or misleading information.\n","sortOrder":667},{"sectionNumber":"704","sectionType":"section","heading":"Offence to falsely represent that heavy vehicle authority","content":"704 Offence to falsely represent that heavy vehicle authority\nis held etc.\n(1) A person must not represent—\n(a) that the person has been granted a heavy vehicle authority the\nperson has not been granted; or\n(b) that a heavy vehicle authority has been granted in relation to a\nthing for which it has not been granted; or\n(c) that the person is operating under a heavy vehicle authority that\nthe person is not entitled to operate under; or\n(d) that a thing is operating under a heavy vehicle authority that the\nthing is not authorised to operate under.\n(2) A person must not represent that the person or a thing is operating\nunder a heavy vehicle authority if the authority is no longer in force.\n\n(3) A person must not possess a document that falsely purports to be—\n(a) an accreditation certificate for a heavy vehicle accreditation; or\n(b) a document mentioned in section 468(1)(b) or (c); or\n(c) a document evidencing the grant of an electronic recording\nsystem approval, exemption, authorisation, permit or other\nauthority under this Law; or\na Commonwealth Gazette notice, a permit\n(d) a copy of a document mentioned in paragraph (a), (b) or (c).\nheavy vehicle authority means—\n(a) a heavy vehicle accreditation; or\n(b) an electronic recording system approval, exemption,\nauthorisation, permit or other authority under this Law.\n\nIndustry codes of practice Part 13.2\n","sortOrder":668},{"sectionNumber":"705","sectionType":"section","heading":"Guidelines for industry codes of practice","content":"705 Guidelines for industry codes of practice\n(1) The Regulator may make guidelines about the preparation and\ncontent of an industry code of practice that may be registered under\n(2) Without limiting subsection (1), the guidelines may provide that an\nindustry code of practice registered under this Law must provide for\nthe review of the code of practice.\n(3) The Regulator must—\n(a) keep a copy of the guidelines available for inspection by the\npublic, during office hours on business days, at the Regulator’s\nhead office; and\n(b) publish a copy of the guidelines on the Regulator’s website.\n","sortOrder":669},{"sectionNumber":"706","sectionType":"section","heading":"Registration of industry codes of practice","content":"706 Registration of industry codes of practice\n(1) The Regulator may register an industry code of practice for the\npurposes of this Law prepared in accordance with guidelines in force\nunder section 705.\n(2) The registration must be subject to the following conditions imposed\nby the Regulator—\n(a) that the industry code of practice must be reviewed after a stated\nperiod;\n(b) that a stated person, or a person of a stated class, must be\nappointed to maintain the industry code of practice and ensure it\nis updated following changes to best practice methods for the\nindustry to which it relates;\n(c) that the industry code of practice must be updated following\nchanges to the guidelines for the preparation and content of the\nindustry code of practice in force under section 705.\n\n(3) The registration may be subject to other conditions the Regulator\nconsiders appropriate.\n(4) Subsection (5) applies if—\n(a) a condition applying to the registration of an industry code of\npractice is contravened; or\n(b) the guidelines in force under section 705 about the preparation\nand content of an industry code of practice are changed and a\nregistered industry code of practice does not comply with the\nguidelines as amended.\n(5) The Regulator may—\n(a) amend the conditions of the registration, including by adding\nnew conditions; or\nExample of a condition for the purposes of paragraph (a)—\nthat the registered industry code of practice be amended in a stated way to reflect a\nchange to the guidelines for the preparation and content of the code of practice in\nforce under section 705\n(b) cancel the registration.\n(6) Conditions mentioned in subsection (2) can be amended under\nsubsection (5) so long as the amended conditions conform with\nsubsection (2), but cannot otherwise be amended.\n(7) The Regulator incurs no liability for loss or damage suffered by a\nperson because the person relied on a registered industry code of\npractice.\n\nProceedings Division 1\nDivision 1 Proceedings\n","sortOrder":670},{"sectionNumber":"707","sectionType":"section","heading":"Proceeding for indictable offences","content":"707 Proceeding for indictable offences\n(1) The prosecution may bring a proceeding for an indictable offence—\n(a) on indictment; or\n(b) in a summary way.\n(2) However, a court of summary jurisdiction must not hear and decide\nan indictable offence in a summary way if—\n(a) at the start of the hearing, the defendant asks for the charge to\nbe prosecuted on indictment; or\n(b) the court is satisfied—\n(i) after hearing submissions from the prosecution and\ndefence at any stage of the hearing, that the defendant, if\nconvicted, may not be adequately punished for the\nparticular offence on a summary conviction; or\n(ii) on an application made by the defence, that the charge\nshould not be heard and decided in a summary way because\nof exceptional circumstances.\n(3) If the court decides that the offence be prosecuted on indictment—\n(a) the court must conduct the proceeding as a committal\nproceeding; and\n(b) any evidence given in the proceeding, before the court decided\nthat the offence be prosecuted on indictment, is taken to be\nevidence in the committal proceeding; and\n(c) the court must disregard any plea that the defendant made at the\nstart of the proceeding.\n\n","sortOrder":671},{"sectionNumber":"707A","sectionType":"section","heading":"Proceeding for other offences","content":"707A Proceeding for other offences\n(1) The prosecution must bring a proceeding for an offence against this\nLaw, other than an indictable offence, in a summary way.\n(2) The proceeding must start—\n(a) within 2 years after the offence is committed; or\n(b) within 1 year after the commission of the offence comes to the\ncomplainant’s knowledge, but within 3 years after the offence is\ncommitted.\n(3) A statement in a complaint for an offence against this Law that the\nmatter of the complaint came to the complainant’s knowledge on a\nstated day is evidence of when the matter came to the complainant’s\nknowledge.\n","sortOrder":672},{"sectionNumber":"708","sectionType":"section","heading":"Proof of appointments unnecessary","content":"708 Proof of appointments unnecessary\nFor the purposes of this Law, it is not necessary to prove the\nappointment of the following persons—\n(a) an official;\n(b) a police commissioner.\n","sortOrder":673},{"sectionNumber":"709","sectionType":"section","heading":"Proof of signatures unnecessary","content":"709 Proof of signatures unnecessary\nFor the purposes of this Law, a signature purporting to be the\nsignature of 1 of the following persons is evidence of the signature it\npurports to be—\n(a) an official;\n(b) a police commissioner.\n\n","sortOrder":674},{"sectionNumber":"709A","sectionType":"section","heading":"Evidence of speed","content":"709A Evidence of speed\n(1) This section applies if the speed of a heavy vehicle is relevant in a\nproceeding for an offence against this Law.\n(2) Evidence that is obtained or may be given under the Road Transport\n(Safety and Traffic Management) Act 1999 may be given in the\n(3) Without limiting subsection (2), a certificate about a matter under the\nRoad Transport (Safety and Traffic Management) Act 1999, part 6\n(Traffic offence detection devices) is—\n(a) admissible in the proceeding; and\n(b) evidence of the matter.\n(4) If the heavy vehicle is being towed by another heavy vehicle, the\nheavy vehicle and towing vehicle are taken to be travelling at the\nsame speed.\n(5) This section does not limit evidence that can be presented apart from\n","sortOrder":675},{"sectionNumber":"710","sectionType":"section","heading":"Averments","content":"710 Averments\n(1) In a proceeding for an offence against this Law, a statement in the\ncomplaint for the offence that, at a stated time or during a stated\nperiod—\n(a) a stated vehicle or a stated combination was a heavy vehicle; or\n(b) a stated vehicle or a stated combination was of a stated category\nof heavy vehicle; or\n(c) a stated person was the registered operator of a stated heavy\n(d) a stated person held a permit for a mass or dimension authority,\na heavy vehicle accreditation or another authority under this\nLaw; or\n\n(e) a stated location was, or was a part of, a road or road-related\narea; or\n(f) a stated location was, under a stated provision of this Law or\nanother stated law, subject to a stated prohibition, restriction or\nother requirement about the use of heavy vehicles or stated\ncategories of heavy vehicles;\n(1A) In a proceeding for an offence against this Law, a statement in the\ncomplaint for the offence that—\n(a) at a stated time or during a stated period—\n(i) a stated person was or was not the holder of a driver licence\nunder the Road Transport (Driver Licensing) Act 1999 of\nany particular class or type; or\n(ii) a stated person was or was not the holder of a driver licence\nunder the Road Transport (Driver Licensing) Act 1999\nauthorising the holder to drive a motor vehicle on a stated\nroad; or\n(b) any distance mentioned in the complaint is or was a stated\ndistance or is or was greater or less than a stated distance;\n(1B) Section 715 applies to a matter mentioned in subsection (1A)(b) as if\nthe matter were a matter stated in a certificate to which the section\n(2) In a proceeding for an offence against this Law, a statement or\nallegation in the complaint for the offence that the act or omission\nconstituting the alleged offence was done or made in a stated place,\nat a stated time, on a stated date or during a stated period, is evidence\nof the matter.\n\n","sortOrder":676},{"sectionNumber":"711","sectionType":"section","heading":"Evidence by certificate by Regulator generally","content":"711 Evidence by certificate by Regulator generally\n(1) A certificate purporting to be issued by the Regulator and stating that,\nat a stated time or during a stated period—\n(e) a stated person held or did not hold a heavy vehicle accreditation\ngranted under this Law; or\n(f) a stated exemption or authorisation under this Law applied or\ndid not apply to a stated person or a stated heavy vehicle; or\n(g) a stated person is the holder of a stated permit or other authority\nunder this Law; or\n(h) a stated heavy vehicle accreditation, exemption, authorisation,\npermit or other authority under this Law was or was not\namended, suspended or cancelled under this Law; or\n(i) a stated penalty, fee, charge or other amount was or was not, or\nis or is not, payable under this Law by a stated person; or\n(j) a stated fee, charge or other amount payable under this Law was\nor was not paid to the Regulator; or\n(k) a stated person has or has not notified the Regulator of any, or a\nstated, change of the person’s address; or\n(l) a stated identification card (however called) was issued by the\nRegulator to a stated person and was or was not current; or\n(m) a stated authorised officer (other than an authorised officer who\nis a police officer) was authorised to exercise a stated power\nunder this Law and—\n(i) was not restricted in the exercise of the power by the\nofficer’s conditions of appointment or a direction of the\n(ii) was not restricted in a stated way in the exercise of the\npower by the officer’s conditions of appointment or a\ndirection of the Regulator; or\n\n(n) a stated industry code of practice was or was not registered under\nsection 706; or\n(o) a stated road or road-related area, or a stated part of a road or\nroad-related area, was in an area or on a route declared under a\nstated provision of this Law or the national regulations; or\n(p) a stated heavy vehicle, or a stated component of a stated heavy\nvehicle, was weighed by or in the presence of a stated authorised\nofficer on a stated weighbridge or weighing facility or by the use\nof a stated weighing device, and that a stated mass was the mass\nof the vehicle or component; or\n(q) a stated mathematical or statistical procedure was carried out in\nrelation to stated information generated, recorded, stored,\ndisplayed, analysed, transmitted or reported by an approved\nintelligent transport system and the results of the procedure\nbeing carried out;\n(r) a stated thing was the property of the Regulator; or\n(s) a stated sign was or was not an official traffic sign, contained\nstated words or was on a stated place; or\n(t) a stated vehicle was or was not inspected under this Law; or\n(u) a stated vehicle was or was not inspected in compliance with a\nstated requirement made by an authorised officer; or\n(v) an inspection of a stated vehicle under this Law gave stated\nresults; or\n(w) a stated application, or another stated document required to be\nlodged under this Law, was or was not received by the\n(x) a stated report or stated information required to be given to the\nRegulator under this Law was received or was not received by\nthe Regulator; or\n\n(y) no report or information of a stated type, required to be given to\nthe Regulator under this Law, was received by the Regulator; or\n(z) a stated vehicle was or was not of a stated type, or was carrying\nstated goods; or\n(za) a stated copy of a document was a copy of a document issued,\nor required to be kept, under the Law; or\n(zb) a stated document was a manufacturer’s specification for a\nstated type of vehicle; or\n(zc) a stated vehicle’s GCM or GVM was a stated amount, and how\nthe amount was identified;\n(2) A procedure specified in a certificate under subsection (1)(q) is\npresumed, unless the contrary is proved—\n(a) to be valid and reliable for the purpose for which it was used;\nand\n(b) to have been carried out correctly.\n(3) A certificate mentioned in the Road Transport (General) Act 1999,\nsection 56 signed by or on behalf of the Regulator as administering\nauthority that states a matter is evidence of the matter.\n","sortOrder":677},{"sectionNumber":"712","sectionType":"section","heading":"Evidence by certificate by road authority","content":"712 Evidence by certificate by road authority\n(1) A certificate purporting to be issued by a road authority and stating\nthat, at a stated time or during a stated period—\n(a) a stated vehicle was or was not registered or licensed under a\nlaw administered by the authority; or\n(b) a stated person was the person in whose name a stated vehicle\nwas registered or licensed under a law administered by the\n\n(c) a stated vehicle was not registered or licensed under a law\nadministered by the authority in a stated person’s name; or\n(ca) a stated vehicle was or was not registered under the Road\nTransport (Vehicle Registration) Act 1999 on the basis of it\nbeing a heavy vehicle; or\nNote A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including any\nregulation (see Legislation Act 2001, s 104 and Heavy Vehicle\nNational Law (ACT) Act 2013, s 8 (3)).\n(cb) a stated vehicle registered under the Road Transport (Vehicle\nRegistration) Act 1999 was or was not registered as a heavy\nvehicle of a stated category; or\n(cc) a stated vehicle was or was not exempt from registration under\nthe Road Transport (Vehicle Registration) Act 1999; or\n(cd) a stated person was or was not a responsible person (within the\nmeaning of the Road Transport (General) Act 1999) for a stated\nvehicle registered under the Road Transport (Vehicle\nRegistration) Act 1999; or\n(ce) a stated person is the holder of a stated permit or other authority\nunder the Road Transport (Vehicle Registration) Act 1999; or\n(cf) a stated registration, exemption, authorisation, permit or other\nauthority under the Road Transport (Vehicle Registration)\nAct 1999 was or was not amended, suspended or cancelled; or\n(cg) a stated penalty, fee, charge or other amount was or was not, or\nis or is not, payable under the Road Transport (General)\nAct 1999 by a stated person in relation to a heavy vehicle; or\n(ch) a stated fee, charge or other amount payable under the Road\nTransport (General) Act 1999 in relation to a heavy vehicle was\nor was not paid to the road authority; or\n\n(d) a stated location—\n(i) was, or was part of, a road or road-related area; or\n(ii) was not a road or road-related area or part of a road or road-\nrelated area; or\n(e) a stated location was or was not, under a stated law of a stated\nparticipating jurisdiction, subject to a stated prohibition,\nrestriction or other requirement about the use of heavy vehicles\nor stated categories of heavy vehicles;\n(2) A certificate mentioned in the Road Transport (General) Act 1999,\nsection 72 signed by or on behalf of the road transport authority that\nstates a matter is evidence of the matter.\n","sortOrder":678},{"sectionNumber":"713","sectionType":"section","heading":"Evidence by certificate by Regulator about matters stated","content":"713 Evidence by certificate by Regulator about matters stated\nin or worked out from records\n(1) A certificate purporting to be issued by the Regulator and stating any\nof the following matters is evidence of the matter—\n(a) a stated matter appears in a stated record kept by the Regulator\nfor the administration or enforcement of this Law;\n(b) a stated matter appears in a stated record accessed by the\nRegulator for the administration or enforcement of this Law.\n(2) A certificate purporting to be issued by the Regulator and stating that\na matter that has been worked out from either of the following is\nevidence of the matter—\n(a) a stated record kept by the Regulator for the administration or\nenforcement of this Law;\n(b) a stated record accessed by the Regulator for the administration\nor enforcement of this Law.\n(3) This section does not limit section 711.\n\n","sortOrder":679},{"sectionNumber":"714","sectionType":"section","heading":"Evidence by certificate by authorised officer about","content":"714 Evidence by certificate by authorised officer about\ninstruments\n(1) A certificate purporting to be issued by an authorised officer and\nstating that, on a stated day or at a stated time on a stated day, a stated\ninstrument—\n(a) was in a proper condition; or\n(b) had a stated level of accuracy;\nis evidence of those matters on the stated day or at the stated time.\n(2) Evidence of the condition of the instrument, or the way in which it\nwas operated, is not required unless evidence that the instrument was\nnot in proper condition or was not properly operated has been given.\n(3) A defendant in a proceeding for an offence against this Law who\nintends to challenge the condition of an instrument, or the way in\nwhich it was operated, must give the complainant notice of the\nintention to challenge.\n(4) The notice must be—\ncharge.\ninstrument means—\n(a) a weighing device; or\n(b) an intelligent transport system.\n\n","sortOrder":680},{"sectionNumber":"715","sectionType":"section","heading":"Challenging evidence by certificate","content":"715 Challenging evidence by certificate\n(1) A defendant in a proceeding for an offence against this Law who\nintends to challenge a matter stated in a certificate mentioned in\nsection 711, 712, 713 or 714 (1) must give the complainant notice of\nthe intention to challenge.\n(2) The notice must be—\ncharge.\n(3) If the matter intended to be challenged is the accuracy of a\nmeasurement, an analysis or a reading from a device, the notice must\nstate—\n(a) the basis on which the defendant intends to challenge the\naccuracy of the measurement, analysis or reading; and\n(b) the measurement, analysis or reading the defendant considers to\nbe the correct measurement, analysis or reading.\n(4) A defendant in a proceeding for an offence against this Law can not\nchallenge a matter stated in a certificate mentioned in section 711,\n712, 713 or 714 (1) unless—\n(a) the defendant has complied with this section; or\n(b) the court gives leave to the defendant to challenge the matter, in\nthe interests of justice.\n(5) This section applies only if the defendant is given a copy of the\ncertificate at least 28 days before the appointed date for the hearing\nof the charge.\n\n","sortOrder":681},{"sectionNumber":"715A","sectionType":"section","heading":"Evidence of contents of document examined by","content":"715A Evidence of contents of document examined by\nauthorised officer\nEvidence by an authorised officer of the contents of a document\nissued, or required to be kept, under this Law, that was examined by\nthe officer while it was in someone else’s possession, may be given\nby the officer without the document being produced.\nAn authorised officer who examines a driver’s work diary may return\nthe work diary to the driver to enable the driver to continue driving.\nThe officer may give evidence of the contents of the work diary\nwithout producing it.\n","sortOrder":682},{"sectionNumber":"716","sectionType":"section","heading":"Evidence by record about mass","content":"716 Evidence by record about mass\nA record of the mass of a heavy vehicle, or a component of a heavy\nvehicle, purporting to be made by the operator of a weighbridge or\nweighing facility at which the vehicle or component was weighed, or\nby the operator’s employee—\n(a) is admissible in a proceeding under this Law; and\n(b) is evidence of the mass of the vehicle or component at the time\nit was weighed.\n","sortOrder":683},{"sectionNumber":"717","sectionType":"section","heading":"Manufacturer’s statements","content":"717 Manufacturer’s statements\n(1) A written statement of the recommended maximum loaded mass\n(mass rating) for a heavy vehicle, or a component of a heavy vehicle,\npurporting to be made by the manufacturer of the vehicle or\ncomponent is admissible in a proceeding under this Law and is\nevidence—\n(a) of the mass rating; and\n(b) of any conditions, stated in the statement, to which the mass\nrating is subject; and\n\n(c) that the statement was made by the manufacturer.\n(2) A written statement of the strength or performance rating of\nequipment used to restrain a load and designed for use on a heavy\nvehicle, or on a component of a heavy vehicle, purporting to be made\nby the manufacturer of the equipment is admissible in a proceeding\nunder this Law and is evidence—\n(a) that the equipment was designed for the use; and\n(b) of the strength or performance rating of the equipment; and\n(c) of any conditions, stated in the statement, to which the rating is\nsubject; and\n(d) that the statement was made by the manufacturer.\nExample of equipment used to restrain a load—\na chain or strap\n","sortOrder":684},{"sectionNumber":"718","sectionType":"section","heading":"Measurement of weight on tyre","content":"718 Measurement of weight on tyre\n(1) A mark or print on a tyre purporting to be the maximum load capacity\ndecided by the manufacturer of the tyre is evidence of the maximum\nload capacity for the tyre at cold inflation pressure decided by the\nmanufacturer.\n(2) If it is impracticable to work out the mass on each tyre in an axle or\naxle group, the mass on the axle or axle group divided by the number\nof tyres in the axle or axle group is taken to be the mass on the tyre in\nthe absence of evidence to the contrary.\n","sortOrder":685},{"sectionNumber":"719","sectionType":"section","heading":"Transport and journey documentation","content":"719 Transport and journey documentation\n(1) Transport documentation and journey documentation are admissible\nin a proceeding under this Law and are evidence of—\n(a) the identity and status of the parties to the transaction to which\nthe documentation relates; and\n\n(b) the destination or intended destination of the load to which the\ndocumentation relates; and\n(c) either or both the date on which and the time at which—\n(i) any document in the documentation was created; or\n(ii) any transaction mentioned in the documentation was\neffected or carried out; or\n(iii) any journey mentioned in the documentation was started,\ncarried out or finished; or\n(iv) any other matter mentioned in the documentation was\neffected, started, carried out or finished; and\n(d) the location of any person, heavy vehicle, goods or other matter\nor thing mentioned in the documentation; and\n(e) the date and time at which any person, heavy vehicle, goods or\nother matter or thing mentioned in the documentation was\npresent at a particular place.\nstatus, of the parties to a transaction, includes the status of each of the\nparties as a responsible person for the heavy vehicle used or intended\nto be used for transporting the goods the subject of the transaction.\n","sortOrder":686},{"sectionNumber":"720","sectionType":"section","heading":"Evidence not affected by nature of vehicle","content":"720 Evidence not affected by nature of vehicle\nEvidence obtained in relation to a vehicle because of the exercise of\na power under this Law in the belief or suspicion that the vehicle is a\nheavy vehicle is not affected merely because the vehicle is not a heavy\n\n","sortOrder":687},{"sectionNumber":"721","sectionType":"section","heading":"Certificates of TCA","content":"721 Certificates of TCA\n(1) A certificate purporting to be signed by a person on behalf of TCA\nstating any of the following matters is evidence of the matter—\n(a) a stated intelligent transport system was or was not an approved\nintelligent transport system on a stated date or during a stated\nperiod;\n(b) a stated person was or was not an intelligent access program\nservice provider on a stated date or during a stated period;\n(c) a stated person was or was not an intelligent access program\nauditor on a stated date or during a stated period.\n(2) A person who purportedly signs a certificate of a type mentioned in\nsubsection (1) on behalf of TCA is presumed, unless the contrary is\nproved, to have been authorised by TCA to sign the certificate on\nTCA’s behalf.\n","sortOrder":688},{"sectionNumber":"722","sectionType":"section","heading":"Approved intelligent transport system","content":"722 Approved intelligent transport system\n(1) An approved intelligent transport system, including all the equipment\nand software that makes up the system, is presumed, unless the\ncontrary is proved, to have operated properly on any particular\noccasion.\n(2) Without limiting subsection (1), information generated, recorded,\nstored, displayed, analysed, transmitted and reported by an approved\nintelligent transport system is presumed, unless the contrary is\nproved, to have been correctly generated, recorded, stored, displayed,\nanalysed, transmitted and reported by the system.\n(3) Without limiting subsection (1) or (2), information generated by an\napproved intelligent transport system is presumed, unless the contrary\nis proved, not to have been changed by being recorded, stored,\ndisplayed, analysed, transmitted or reported by the system.\n\n(4) If in a proceeding it is established by contrary evidence that particular\ninformation recorded or stored by an approved intelligent transport\nsystem is not a correct representation of the information generated by\nthe system, the presumption mentioned in subsection (3) continues to\napply to the remaining information recorded or stored by the system\ndespite that contrary evidence.\n(5) If a defendant in a proceeding for an offence against this Law intends\nto challenge any of the following matters, the defendant must give the\ncomplainant notice of the intention to challenge—\n(a) that an approved intelligent transport system has operated\nproperly;\n(b) that information generated, recorded, stored, displayed,\nanalysed, transmitted or reported by an approved intelligent\ntransport system has been correctly generated, recorded, stored,\ndisplayed, analysed, transmitted or reported by the system;\n(c) that information generated by an approved intelligent transport\nsystem has not been changed by being recorded, stored,\ndisplayed, analysed, transmitted or reported by the system.\n(6) The notice must—\n(a) be signed by the defendant; and\n(b) state the grounds on which the defendant intends to rely to\nchallenge a matter mentioned in subsection (5)(a), (b) or (c); and\n(c) be given at least 14 days before the day fixed for the hearing of\nthe charge.\n(7) This section does not limit section 714.\n\n","sortOrder":689},{"sectionNumber":"723","sectionType":"section","heading":"Evidence as to intelligent access map","content":"723 Evidence as to intelligent access map\n(1) A certificate purporting to be signed by a person on behalf of TCA\nstating that a particular map was or was not the intelligent access map\nas issued by TCA on a stated date or during a stated period is\nconclusive evidence of the matter stated in the certificate.\n(2) The intelligent access map, as issued by TCA at a particular time, is\npresumed, unless evidence sufficient to raise doubt about the\npresumption is adduced, to be a correct representation of the national\nroad network at the time of its issue.\n(3) A person who purportedly signs a certificate of the kind referred to in\nsubsection (1) on behalf of TCA is presumed, unless evidence\nsufficient to raise doubt about the presumption is adduced, to have\nbeen authorised by TCA to sign the certificate on TCA’s behalf.\n","sortOrder":690},{"sectionNumber":"724","sectionType":"section","heading":"Reports and statements made by approved intelligent","content":"724 Reports and statements made by approved intelligent\ntransport system\n(1) A report purporting to be made by an approved intelligent transport\nsystem—\n(a) is presumed, unless the contrary is proved—\n(i) to have been properly made by the system; and\n(ii) to be a correct representation of the information generated,\nrecorded, stored, displayed, analysed, transmitted and\nreported by the system; and\n(b) is admissible in a proceeding under this Law; and\n(c) is evidence of the matters stated in it.\n\n(2) However, subsection (1)(c) does not apply to information stated in a\nreport made by an approved intelligent transport system that has been\nmanually entered into the system by an operator or driver of a heavy\nIf the driver of a heavy vehicle enters the mass of the vehicle into the intelligent\ntransport system, the information about the mass of the vehicle stated in a report\nmade by the system is not evidence of the mass of the vehicle.\n(3) Also, if in a proceeding it is established by contrary evidence that part\nof a report made by an approved intelligent transport system is not a\ncorrect representation of particular information generated, recorded,\nstored, displayed, analysed, transmitted or reported by the system, the\npresumption mentioned in subsection (1)(a) continues to apply to the\nremaining parts of the report despite that contrary evidence.\n(4) If a defendant in a proceeding for an offence against this Law intends\nto challenge any of the following matters, the defendant must give the\ncomplainant notice of the intention to challenge—\n(a) that a report made by an approved intelligent transport system\nhas been properly made;\n(b) that a report made by an approved intelligent transport system is\na correct representation of the information generated, recorded,\nstored, displayed, analysed, transmitted and reported by the\nsystem;\n(c) the correctness of a statement of a vehicle’s position on the\nsurface of the earth at a particular time that is made by an\napproved intelligent transport system.\n(5) The notice must—\n(a) be signed by the defendant; and\n(b) state the grounds on which the defendant intends to rely to\nchallenge the matter mentioned in subsection (4)(a), (b) or (c);\nand\n\n(c) be given at least 14 days before the day fixed for the hearing of\nthe charge.\n(6) This section does not limit section 714.\n","sortOrder":691},{"sectionNumber":"725","sectionType":"section","heading":"Documents produced by an approved electronic","content":"725 Documents produced by an approved electronic\nrecording system\n(1) This section applies to an approved electronic recording system\n(2) A document purporting to be made by the approved electronic\nrecording system—\n(a) is presumed, unless the contrary is proved—\n(i) to have been properly made by the system; and\n(ii) to be a correct representation of the information generated,\nrecorded, stored, displayed, analysed, transmitted and\nreported by the system; and\n(b) is admissible in a proceeding under this Law relating to a\n(c) is evidence of the matters stated in it.\n","sortOrder":692},{"sectionNumber":"726","sectionType":"section","heading":"Statement by person involved with use or maintenance of","content":"726 Statement by person involved with use or maintenance of\napproved electronic recording system\n(1) This section applies to an approved electronic recording system\n(2) A written statement about how the approved electronic recording\nsystem has been used or maintained, and purporting to be made by\nthe person purporting to be involved in the use or maintenance—\n(a) is admissible in a proceeding under this Law relating to a\n\n(b) is evidence of the matters included in the statement.\nExamples of statements—\n• a statement made by the driver of a fatigue-regulated heavy vehicle who uses\nan electronic work diary about how the driver operated the work diary\n• a statement made by an owner of an approved electronic recording system\nabout how the owner has maintained the system\n• a statement made by the record keeper (within the meaning given by\nsection 317) of the driver of a fatigue-regulated heavy vehicle who uses an\nelectronic work diary about how information was transmitted from the\nelectronic work diary to the record keeper\n","sortOrder":693},{"sectionNumber":"726A","sectionType":"section","heading":"Evidence of offence","content":"726A Evidence of offence\n(1) In a proceeding for an offence against this Law—\n(a) evidence of a court convicting a person of a heavy vehicle\noffence is evidence that the heavy vehicle offence happened at\nthe time and place, and in the circumstances, stated in the\ncomplaint for the heavy vehicle offence; and\n(b) evidence of details stated in an infringement notice issued for a\nheavy vehicle offence is evidence that the heavy vehicle offence\nhappened at the time and place, and in the circumstances, stated\nin the infringement notice.\nheavy vehicle offence means—\n(a) an offence against this Law; or\n(b) an offence by the driver of a heavy vehicle of exceeding a speed\nlimit applying to the driver.\n","sortOrder":694},{"sectionNumber":"726B","sectionType":"section","heading":"Evidence obtained by police using other powers","content":"726B Evidence obtained by police using other powers\nTo remove any doubt, it is declared that evidence lawfully obtained\nby a police officer using powers other than the powers under this Law\nis not inadmissible in proceedings for a contravention of this Law\nonly because the evidence was obtained using the other powers.\n\nPublication of court outcomes Division 3\n","sortOrder":695},{"sectionNumber":"726C","sectionType":"section","heading":"Evidence obtained in another jurisdiction","content":"726C Evidence obtained in another jurisdiction\nTo remove any doubt, it is declared that evidence lawfully obtained\nin a jurisdiction (the first jurisdiction) is not inadmissible in\nproceedings for a contravention of this Law in another jurisdiction\nonly because the evidence was obtained in the first jurisdiction.\nDivision 3 Publication of court outcomes\n","sortOrder":696},{"sectionNumber":"726D","sectionType":"section","heading":"Regulator may publish convictions, penalties, orders, etc.","content":"726D Regulator may publish convictions, penalties, orders, etc.\n(1) This section applies if a court convicts a person of an offence against\nUnder section 9, a court convicts a person of an offence if the court finds\nthe person guilty, or accepts the person’s plea of guilty, for the offence\nwhether or not a conviction is recorded.\n(2) The Regulator may publish the following information about the\nconviction on the Regulator’s website—\n(a) the offence for which the person was convicted;\n(b) if the court imposed a penalty for the conviction—the penalty\nimposed;\n(c) if the court made an order against the person in relation to the\nconviction—information about the order made, other than\ninformation that could identify or lead to the identification of the\nOrders the court may make include commercial benefits penalty orders\n(see section 597), supervisory intervention orders (see section 600),\nprohibition orders (see section 607) and compensation orders (see\nsection 611).\n\n","sortOrder":697},{"sectionNumber":"727","sectionType":"section","heading":"Definitions for Pt 13.4","content":"727 Definitions for Pt 13.4\n(1) In this Part—\nauthorised use, for protected information, means—\n(a) use by a person—\n(i) in the exercise of a function under this Law; or\n(ii) where use of the information is required or authorised\nunder this Law (whether explicitly or by implication); or\n(b) use by a public authority or law enforcement agency—\n(i) for the administration or enforcement of a law or the\nexercise of another function of the authority or agency,\nincluding, for example, investigating a contravention or\nsuspected contravention of a law; or\n(ii) if a law authorises, requires or permits the disclosure of the\ninformation to, and the use of the information by, the\nauthority or agency; or\n(c) use by a court or tribunal in a proceeding under an Australian\nroad law; or\n(d) use by a court or tribunal if an order of the court or tribunal\nrequires the disclosure of the information to the court or tribunal;\nor\n(e) an activity associated with preventing or minimising—\n(i) a risk of danger to the life of a person; or\n(ii) a risk of serious harm to the health of a person; or\n(iii) a risk to public safety; or\n\n(f) a use authorised by the person to whom the information relates;\nor\n(g) research purposes if the information contains no personal\n(h) use by an entity (whether public or private) in connection with\nroad tolls; or\n(i) use by an entity (whether public or private) in connection with\nthe administration of third party insurance legislation; or\n(j) use by an entity (whether public or private) for the purpose of\ndetermining the registration status of a heavy vehicle; or\n(k) a use required or authorised under a relevant law of a\nparticipating jurisdiction; or\n(l) a use prescribed by the national regulations; or\n(m) a use referred to in subsection (2).\ndriver fatigue compliance function means a function exercised for\nthe purpose of—\n(a) the administration or enforcement of a driver fatigue provision;\nor\n(b) education, evaluation and similar activities supporting\nadministration or enforcement of a driver fatigue provision.\ndriver fatigue provision means any of the following—\n(aa) Chapter 1A to the extent the Chapter relates to driver fatigue;\n(a) Chapter 6;\n(b) Chapter 8 to the extent the Chapter relates to BFM accreditation\nor AFM accreditation;\n(c) Division 8 of Part 9.3;\n\n(d) Chapter 9, other than Division 8 of Part 9.3, to the extent the\nChapter applies to the enforcement of provisions mentioned in\nparagraphs (aa), (a) and (b).\nelectronic work diary authorised use, for electronic work diary\nprotected information, means—\n(a) use by a person—\n(i) in the exercise of a driver fatigue compliance function; or\n(ii) not in the exercise of a driver fatigue compliance function\nbut authorised under a warrant mentioned in section 729B;\nor\n(b) use by a person in the exercise of a function under another law\nif a warrant issued by a judge or magistrate under the other law\nor a different law authorises or permits the use of the information\nby the person; or\n(c) use by a court or tribunal in a proceeding under an Australian\nroad law; or\n(d) use by a court or tribunal if an order of the court or tribunal\nrequires the disclosure of the information to the court or tribunal;\nor\n(e) research purposes if the information contains no personal\n(f) use prescribed by the national regulations; or\n(g) use referred to in subsection (3).\nelectronic work diary information means information generated,\nrecorded, stored, displayed, analysed, transmitted or reported by an\napproved electronic recording system that constitutes an electronic\nwork diary, or of which an electronic work diary is a part.\n\nelectronic work diary protected information—\n(a) means electronic work diary information; but\n(b) does not include the following—\n(i) information obtained, collected or recorded other than for\nthe purposes of Chapter 1A to the extent the Chapter relates\nto driver fatigue or Chapter 6 (the driver fatigue purposes),\neven if the information is—\n(A) coincidentally relevant for a driver fatigue purpose;\nand\n(B) recorded in an electronic work diary; or\n(ii) information relating to proceedings before a relevant\ntribunal or court that are or were open to the public.\npolice agency means a police force or police service (however called)\nof a participating jurisdiction, and includes an entity prescribed by the\nApplication Act of this jurisdiction as an entity included in this\ndefinition.\nprotected information—\n(a) means information obtained in the course of administering this\nLaw or because of an opportunity provided by involvement in\nadministering this Law; but\n(b) does not include—\n(i) intelligent access program information; or\nSee Chapter 7 for the restrictions on the use and disclosure of\nintelligent access program information.\n(ii) information mentioned in paragraph (a) in a form that does\nnot identify a person; or\n\n(iii) information relating to proceedings before a relevant\ntribunal or court that are or were open to the public; or\n(iv) electronic work diary protected information.\nrelevant law, of a participating jurisdiction, means a law specified for\nthis definition in a law of the jurisdiction.\n(2) It is also an authorised use, for protected information disclosed to or\notherwise held by a police agency for any purpose or for a particular\npurpose, to disclose the information to another police agency\nauthorised to hold protected information (whether or not for the same\npurpose).\n(3) It is also an authorised use, for electronic work diary protected\ninformation disclosed to or otherwise held by a police agency for the\npurpose of the exercise of a driver fatigue compliance function, to\ndisclose the information to another police agency authorised to hold\nelectronic work diary protected information for the purpose of the\nexercise of a driver fatigue compliance function.\n(4) To remove any doubt, it is declared that a reference in this Part to the\ndisclosure of protected information or electronic work diary protected\ninformation to an entity includes a reference to the disclosure of the\ninformation to a duly authorised employee or agent of the entity.\n","sortOrder":698},{"sectionNumber":"728","sectionType":"section","heading":"Duty of confidentiality for protected information","content":"728 Duty of confidentiality for protected information\nLaw must not disclose protected information to another person.\n(2) However, subsection (1) does not apply to the Regulator—\n(a) disclosing protected information in the form of a confirmation\nthat a stated person is the registered operator of a stated heavy\n\n(b) disclosing details of heavy vehicles registered in a person’s\nname to an executor or administrator of that person’s deceased\nestate.\n(3) Also, subsection (1) does not apply if—\n(a) the disclosure is to an entity for an authorised use; or\n(b) the disclosure is to, or made with the agreement of, the person\nto whom the information relates.\n","sortOrder":699},{"sectionNumber":"728A","sectionType":"section","heading":"Duty of confidentiality for electronic work diary protected","content":"728A Duty of confidentiality for electronic work diary protected\nLaw must not disclose electronic work diary protected information to\nanother person.\n(2) Subsection (1) does not apply if—\n(a) the disclosure is to an entity for an electronic work diary\nauthorised use; or\n(b) the disclosure is to, or made with the agreement of, the person\nto whom the information relates.\n","sortOrder":700},{"sectionNumber":"729","sectionType":"section","heading":"Protected information only to be used for authorised use","content":"729 Protected information only to be used for authorised use\nLaw must not use protected information other than for an authorised\nuse.\n(2) However, subsection (1) does not apply to the Regulator using\nprotected information for making a disclosure mentioned in\nsection 728(2).\n\n(3) A person to whom protected information is disclosed under\nsection 728(3)(a) must not use the protected information other than\nfor the authorised use for which it was disclosed to the person.\n","sortOrder":701},{"sectionNumber":"729A","sectionType":"section","heading":"Electronic work diary protected information only to be","content":"729A Electronic work diary protected information only to be\nused for electronic work diary authorised use\nLaw must not use electronic work diary protected information other\nthan for an electronic work diary authorised use.\n(2) A person to whom electronic work diary protected information is\ndisclosed under section 728A(2)(a) must not use the information\nother than for the electronic work diary authorised use for which it\nwas disclosed to the person.\n","sortOrder":702},{"sectionNumber":"729B","sectionType":"section","heading":"Warrant authorising use of electronic work diary","content":"729B Warrant authorising use of electronic work diary\nprotected information\n(1) A warrant issued under section 507 by an authorised warrant official\nwho is a judge or magistrate may authorise electronic work diary\nprotected information to be seized under the warrant.\n(2) The warrant must state the purpose for which the information may be\nused.\n(3) An authorised officer may apply for, and the authorised warrant\nofficial who is a judge or magistrate may issue, the warrant for entry\nof a vehicle at a place stated in the warrant or, despite sections 506(1)\nand 507(2)(a), wherever the vehicle is located.\n\n(4) Chapter 9 does not authorise an authorised officer to obtain electronic\nwork diary protected information for a purpose other than the\nenforcement of a driver fatigue provision unless the information is\nauthorised to be seized under a warrant mentioned in subsection (1).\n\n","sortOrder":703},{"sectionNumber":"730","sectionType":"section","heading":"National regulations","content":"730 National regulations\n(1) For the purposes of this section, the designated authority is the\nQueensland Governor acting with the advice of the Executive Council\nof Queensland and on the unanimous recommendation of the\n(2) The designated authority may make regulations for the purposes of\n(3) The regulations may provide for—\n(a) any matter a provision of this Law states may be provided for in\nthe regulations; and\n(b) the imposition of a maximum fine for a contravention of a\nprovision of the regulations of not more than—\n(i) for a contravention by an individual—$4000; or\n(ii) in any other case—$20000; and\nHowever, a maximum fine imposed by the regulations may be\nincreased under section 737 to a higher amount.\n(c) any other matter that is necessary or convenient to be prescribed\nfor carrying out or giving effect to this Law.\n(4) Subsection (3)(b) does not require a provision of the regulations\nprescribing a maximum fine for an offence to expressly prescribe a\nmaximum fine for a body corporate different to the maximum fine for\nan individual.\nSee section 596 in relation to a provision of the regulations prescribing a\nmaximum fine that does not expressly prescribe a maximum fine for a body\ncorporate different to the maximum fine for an individual.\n\nNational regulations Part 13.5\nQueensland Governor means the Governor of the State of\nQueensland and includes—\n(a) a person acting under a delegation under section 40 of the\nConstitution of Queensland 2001; and\n(b) a person for the time being administering the Government of\nQueensland under section 41 of the Constitution of Queensland\n2001.\n","sortOrder":704},{"sectionNumber":"731","sectionType":"section","heading":"National regulations for approved vehicle examiners","content":"731 National regulations for approved vehicle examiners\n(1) Without limiting any other provision of this Law, the national\nregulations may provide for—\n(a) the approval of classes of vehicle examiners to inspect vehicles\nfor the purposes of this Law; and\n(b) the role of the Regulator in approving classes of vehicle\nexaminers and persons as vehicle examiners; and\n(c) probity requirements for becoming and being approved vehicle\nexaminers; and\n(d) the functions of approved vehicle examiners or classes of\napproved vehicle examiners, including, for example—\n(i) the examination and testing of heavy vehicles and\nequipment; and\n(ii) the oversight of entities involved in the inspection or repair\nof heavy vehicles; and\n(iii) the clearance of vehicle defect notices; and\n(e) the premises or location where functions of approved vehicle\nexaminers are permitted to be conducted and any matters\nrelating to the premises or location where those functions are\nconducted; and\n\n(f) the facilities and equipment that approved vehicle examiners are\nrequired to have in connection with the exercise of their\nfunctions; and\n(g) the terms and conditions of approval of persons as vehicle\nexaminers (including, for example, fees, qualifications and\nresponsibilities); and\n(h) procedures for monitoring and auditing compliance with—\n(i) the terms and conditions of approval of a person as a\nvehicle examiner; and\n(ii) the relevant provisions of this Law and any applicable code\nof practice prescribed by the national regulations; and\n(iii) any other relevant requirements; and\n(i) the discipline of, and disciplinary procedures applying to,\napproved vehicle examiners and entities having responsibility\nfor their functions (including directors, managers and\nemployees), whether—\n(i) by way of monetary penalties, restriction on functions,\nimposition of conditions, variation of terms of\nappointment, suspension of appointment, cancellation of\nappointment; or\n(ii) in some other way.\n(2) The national regulations may make provision with respect to vehicle\nexaminers (however described) appointed or authorised under a law\nof any participating jurisdiction and entities having responsibility for\ntheir functions (including directors, managers and employees),\nincluding processes relating to discipline and disciplinary procedures\napplying to them.\n\nNational regulations Part 13.5\n","sortOrder":705},{"sectionNumber":"732","sectionType":"section","heading":"National regulations for publication of agreements for","content":"732 National regulations for publication of agreements for\nservices to States or Territories\nWithout limiting any other provision of this Law, the national\nregulations may provide that particular matters contained in or\nrelating to agreements referred to section 658(2) are to be published\non the Regulator’s website.\n","sortOrder":706},{"sectionNumber":"733","sectionType":"section","heading":"Publication of national regulations","content":"733 Publication of national regulations\n(1) The national regulations are to be published on the NSW legislation\nwebsite in accordance with Part 6A of the Interpretation Act 1987 of\nNew South Wales.\n(2) A regulation commences on the day or days specified in the\nregulation for its commencement (being not earlier than the date it is\npublished).\n","sortOrder":707},{"sectionNumber":"734","sectionType":"section","heading":"Scrutiny of national regulations","content":"734 Scrutiny of national regulations\n(1) The responsible Minister for a participating jurisdiction is to refer any\nadverse report about a national regulation from a legislation scrutiny\nbody for that jurisdiction to the responsible Ministers for\nconsideration and advice.\n(2) The responsible Ministers are to prepare advice on the adverse report\nand provide a report to the relevant responsible Minister about the\nissues raised.\n(3) The report by the responsible Ministers is to be provided to the\nresponsible Minister in sufficient time to ensure the responsible\nMinister can provide the response to the relevant scrutiny body within\na period that is appropriate in the circumstances.\n(4) Subsections (1) to (3) do not affect any legislative or other\narrangements regarding scrutiny and disallowance in jurisdictions\nand do not limit a responsible Minister’s ability to respond\nindependently to any issues raised by a legislation scrutiny body.\n\nlegislation scrutiny body means a parliamentary committee (or other\nparliamentary body) whose functions include the scrutiny of\nregulations and other subordinate legislation.\n\n","sortOrder":708},{"sectionNumber":"735","sectionType":"section","heading":"Approved forms","content":"735 Approved forms\n(1) The Regulator may approve forms for use under this Law.\n(2) The approval of a form must be notified on the Regulator’s website.\n(3) Failure to comply with subsection (2) does not affect a form’s\nvalidity.\n(4) The function of approving forms includes the function of approving\nthe format of forms.\n","sortOrder":709},{"sectionNumber":"735A","sectionType":"section","heading":"Legal professional privilege","content":"735A Legal professional privilege\nNothing in this Law compels a person to give information that is the\nsubject of legal professional privilege to another person.\n","sortOrder":710},{"sectionNumber":"736","sectionType":"section","heading":"Penalty at end of provision","content":"736 Penalty at end of provision\nIn this Law, a penalty stated at the end of a provision indicates that\nan offence mentioned in the provision is punishable on conviction or,\nif no offence is mentioned, a contravention of the provision\nconstitutes an offence against the provision that is punishable on\nconviction, by a penalty not more than the stated penalty.\nSee also section 596 in relation to maximum fines for bodies corporate.\n","sortOrder":711},{"sectionNumber":"737","sectionType":"section","heading":"Increase of penalty amounts","content":"737 Increase of penalty amounts\n(1) This section applies to the penalty stated at the end of a provision for\nan offence (including a penalty whose amount has already been\nincreased by a previous application or applications of this section).\n\n(2) At the start of 1 July of each year, beginning with 1 July 2014, the\namount of each penalty is increased, from the amount that applied\nimmediately before that 1 July, in accordance with the method\nprescribed by the national regulations for the purposes of this section.\nIn some circumstances, the operation of the method can result in no increases\noccurring on a particular 1 July.\n(2A) To remove any doubt, the maximum fine limits mentioned in\nsection 730(3)(b) do not limit the application of subsection (2).\n(3) A recommendation of the responsible Ministers for national\nregulations prescribing a method for the increase of penalties can not\nbe made unless the responsible Ministers are satisfied that the method\ngenerally accords with increases in relevant inflation indexes or\nsimilar indexes.\n(4) As soon as practicable but before 1 July of each year, the Regulator\nmust publish on the Regulator’s website the amounts of each penalty\napplying as from that date.\n","sortOrder":712},{"sectionNumber":"737A","sectionType":"section","heading":"Application of s 737 to new penalties","content":"737A Application of s 737 to new penalties\n(1) The enactment of a new penalty includes the enactment of an increase\nin the amount of penalty applying under section 737, to take effect\nwhen the new penalty commences.\n(2) For applying section 737 under subsection (1) to a new penalty, the\namount of penalty applying under section 737 is to be calculated as\nif—\n\nnew penalty means a penalty amount stated at the end of a provision\nfor an offence inserted into this Law by an amending Act.\n","sortOrder":713},{"sectionNumber":"738","sectionType":"section","heading":"Service of documents","content":"738 Service of documents\n(1) If this Law requires or permits a document to be served on a person,\nthe document may be served—\n(a) on an individual—\n(i) by delivering it to the individual personally; or\n(ii) by leaving it at, or by sending it by post to, the address of\nthe place of residence or business of the individual last\nknown to the person serving the document; or\n(iii) by sending it by fax to a fax number notified to the sender\nby the individual as an address at which service of\ndocuments under this Law will be accepted; or\n(iv) by sending it by email to an internet address notified to the\nsender by the individual as an address at which service of\ndocuments under this Law will be accepted; or\n(b) on another person—\n(i) by leaving it at, or by sending it by post to, the head office,\na registered office or a principal office of the person; or\n(ii) by sending it by fax to a fax number notified to the sender\nby the person as an address at which service of documents\nunder this Law will be accepted; or\n(iii) by sending it by email to an internet address notified to the\nsender by the person as an address at which service of\ndocuments under this Law will be accepted.\n(2) Subsection (1) applies whether the expression ‘deliver’, ‘give’,\n‘notify’, ‘send’ or ‘serve’ or another expression is used.\n\n(3) Subsection (1) does not affect—\n(a) the operation of another law that authorises the service of a\ndocument otherwise than as provided in the subsection; or\n(b) the power of a court or tribunal to authorise service of a\ndocument otherwise than as provided in the subsection.\n","sortOrder":714},{"sectionNumber":"739","sectionType":"section","heading":"Service by post","content":"739 Service by post\n(1) If a document authorised or required to be served on a person under\nthis Law is served by post, service of the document—\n(a) may be effected by properly addressing, prepaying and posting\nthe document as a letter; and\n(b) is taken to have been effected at the time at which the letter\nwould be delivered in the ordinary course of post, unless the\ncontrary is proved.\n(2) Subsection (1) applies whether the expression ‘deliver’, ‘give’,\n‘notify’, ‘send’ or ‘serve’ or another expression is used.\n740 Fees\n(1) The national regulations may prescribe the fees payable for the\n(a) an application under this Law (whether or not another provision\nof this Law refers to payment of the prescribed fee for the\napplication);\n(b) the issue of a work diary for the driver of a fatigue-regulated\n(2) The Regulator may set fees payable for the provision of a service in\nconnection with the administration of this Law (other than fees\nmentioned in subsection (1)).\n\n(3) The national regulations may provide that stated kinds of fees may be\nset by the Regulator for inspection services, except so far as those fees\nare provided for under another law of this jurisdiction.\n(4) A fee set by the Regulator under subsection (2) or (3) must be an\namount—\n(a) the Regulator considers reasonable; and\n(b) that is no more than the reasonable cost of providing the service.\n(5) The Regulator must publish a fee set by the Regulator under\nsubsection (2) or (3)—\n(a) in the Commonwealth Gazette; and\n(b) on the Regulator’s website.\n(6) The Regulator may waive payment of the whole or part of a fee in\ncircumstances, or in circumstances of a kind, prescribed by the\nnational regulations.\n(7) If a fee is prescribed for an application or any other matter under this\nLaw, the decision-maker may decline to deal with the application or\nproceed with the other matter until the fee is paid.\n","sortOrder":715},{"sectionNumber":"740A","sectionType":"section","heading":"Increase of fee amounts","content":"740A Increase of fee amounts\n(1) This section applies to a fee payable under section 740, including a\nfee whose amount has already been increased by a previous\napplication or applications of this section.\n(2) At the start of 1 July of each year, starting with 1 July 2016, the\namount of the fee is increased from the amount that applied\nimmediately before that 1 July, in accordance with the method\nprescribed by the national regulations for the purposes of this section.\nIn some circumstances, the operation of the method can result in no increases\noccurring on a particular 1 July.\n\n(3) A recommendation of the responsible Ministers for national\nregulations prescribing a method for the increase of fees may not be\nmade unless the responsible Ministers are satisfied the method\ngenerally accords with increases in relevant inflation indexes or\nsimilar indexes.\n(4) As soon as practicable, but before 1 July of each year, the Regulator\nmust, by public notice, publish the amounts of each fee applying as\nfrom that date.\n","sortOrder":716},{"sectionNumber":"741","sectionType":"section","heading":"Recovery of amounts payable under Law","content":"741 Recovery of amounts payable under Law\n(1) A fee, charge or other amount payable under this Law is a debt due\nto the Regulator and may be recovered by action for a debt in a court\nof competent jurisdiction.\n(2) A fee, charge or other amount payable under this Law may also be\nrecovered in a proceeding for an offence against this Law.\n(3) An order made under subsection (2)—\n(a) can not be for an amount exceeding the monetary jurisdictional\nlimit of the court in civil proceedings; and\n(b) is taken to be, and is enforceable as, a judgment of the court\nsitting in civil proceedings.\n","sortOrder":717},{"sectionNumber":"742","sectionType":"section","heading":"Contracting out prohibited","content":"742 Contracting out prohibited\n(1) A contract is void to the extent to which it—\n(a) is contrary to this Law; or\n(b) purports to annul, exclude, restrict or otherwise change the\neffect of a provision of this Law; or\n(c) purports to require the payment or reimbursement by a person\nof all or part of a penalty that another person has been ordered\nto pay under this Law.\n\n(2) This section does not prevent the parties to a contract from including\nprovisions in the contract imposing greater or more onerous\nobligations on an entity than are imposed by the requirements of this\nLaw.\n(3) This section applies to contracts entered into before or after the\ncommencement of this section.\n","sortOrder":718},{"sectionNumber":"743","sectionType":"section","heading":"Other powers not affected","content":"743 Other powers not affected\n(1) Unless otherwise provided in this Law, nothing in this Law affects\nany power a court, tribunal or official has apart from this Law.\n(2) Without limiting subsection (1), nothing in this Law affects a power\nor obligation under another law to amend, suspend, cancel or\notherwise deal with the registration of a heavy vehicle.\n\nPart 14.1 Interim provisions relating to Ministers and Board\nChapter 14 Savings and transitional\nprovisions\nPart 14.1 Interim provisions relating to\nMinisters and Board\n744 Responsible Ministers\n(1) This section applies if a jurisdiction—\n(a) is not a participating jurisdiction; but\n(b) has signed the Inter-governmental Agreement on Heavy Vehicle\nRegulatory Reform, as in force from time to time, between the\nCommonwealth of Australia and the States and Territories of\n(2) The jurisdiction may nominate a Minister to be the responsible\nMinister for the jurisdiction for the purposes of this Law until the\nprescribed day for the jurisdiction.\n(3) Until the prescribed day for the jurisdiction, the relevant provisions\nof this Law apply as if—\n(a) the jurisdiction were a participating jurisdiction; and\n(b) the Minister nominated under subsection (2) were the\nresponsible Minister for the jurisdiction for the purposes of this\nLaw.\n(4) To remove any doubt, it is declared that this section does not prevent\nthe Minister nominated under subsection (2) being nominated as the\nresponsible Minister for the jurisdiction after the participation day for\nthe jurisdiction.\n\nInterim provisions relating to Ministers and Board Part 14.1\nparticipation day, for a participating jurisdiction, means the day the\njurisdiction became a participating jurisdiction.\nprescribed day, for a jurisdiction, means the earlier of the\n(a) the participation day for the jurisdiction;\n(b) 30 June 2014.\nrelevant provisions means the provisions of this Law relating to the\nfunctions of responsible Ministers under this Law other than\nsection 652.\n","sortOrder":719},{"sectionNumber":"745","sectionType":"section","heading":"Exercise of powers by Board between enactment and","content":"745 Exercise of powers by Board between enactment and\ncommencement\n(a) under section 30 of Schedule 1, the Queensland Minister, on the\nunanimous recommendation of the responsible Ministers,\nappoints the members of the Board before section 663\ncommences; and\n(b) a provision of this Law conferring a function on the Board (a\nrelevant provision) has not commenced.\n(2) The members—\n(a) may meet and exercise the function under the relevant provision\nin the same way and subject to the same conditions that would\napply if the relevant provision had commenced; and\n(b) in doing so, are entitled to be paid the remuneration and\nallowances to which the members are entitled under section 666\nwhether or not that section has commenced.\n\n","sortOrder":720},{"sectionNumber":"Part 14","sectionType":"part","heading":"1 Interim provisions relating to Ministers and Board","content":"Part 14.1 Interim provisions relating to Ministers and Board\n(3) For the purposes of deciding the duration of the term of office of a\nmember of the Board, the term does not start until section 663\ncommences despite the exercise of any function by the member under\nsubsection (2).\n(4) The exercise of a function under a relevant provision does not confer\na right, or impose a liability, on a person before the relevant provision\ncommences.\n(5) This section does not limit section 30 of Schedule 1.\n\n","sortOrder":721},{"sectionNumber":"746","sectionType":"section","heading":"Application of Part 14.2","content":"746 Application of Part 14.2\n(1) This Part has effect in relation to this jurisdiction except to the extent\nany law of this jurisdiction expressly or impliedly overrides a\nprovision of this Part.\n(2) Nothing in this Part limits section 34 of Schedule 1, except to the\nextent that the context or subject matter otherwise indicates or\nrequires.\n","sortOrder":722},{"sectionNumber":"747","sectionType":"section","heading":"Definitions for Part 14.2","content":"747 Definitions for Part 14.2\ncommencement day, for this jurisdiction, means, with respect to a\nprovision of this Law, the day this jurisdiction became a participating\njurisdiction in relation to that provision.\ncurrent PBS scheme means the scheme in operation immediately\nbefore the commencement day relating to compliance with legislative\nrequirements for heavy vehicles by reference to performance based\nstandards, and comprises such of the following instruments as are in\nforce immediately before the commencement day—\n(a) the Standards and Vehicle Assessment Rules as at 10 November\n2008;\n(b) the Assessor Accreditation Rules (July 2007);\n(c) the Vehicle Certification Rules (July 2007);\n(d) the Network Classification Guidelines (July 2007);\n(e) the Guidelines for Determining National Operating Conditions\n(July 2007).\nformer legislation, of this jurisdiction, means legislation of this\njurisdiction that is repealed on the participation day for this\njurisdiction or is superseded by provisions of this Law on that day.\n\nparticipation day, for this jurisdiction, means the day this jurisdiction\nbecame a participating jurisdiction.\nrelevant instrument—\n(a) means an application, permit, notice, authority or any other\ndocument; and\n(b) without limiting paragraph (a), includes any document\nprescribed by a law of this jurisdiction as being within this\ndefinition; but\n(c) does not include any document prescribed by a law of this\njurisdiction as not being within this definition.\n","sortOrder":723},{"sectionNumber":"748","sectionType":"section","heading":"General savings and transitional provision","content":"748 General savings and transitional provision\n(1) This section applies if a provision of this Law corresponds to a\nprovision of the former legislation.\n(2) Anything done under the provision of the former legislation before\nthe commencement day has effect as if—\n(a) this Law had been in force when the thing was done; and\n(b) the thing had been done under this Law; and\n(c) any reference to a person in, or in relation to, the provision were\na reference to the nearest equivalent person under this Law; and\n(d) any reference in, or in relation to, the provision to another\nprovision of the former legislation were a reference to the\ncorresponding provision of this Law; and\n(e) any other adaptations necessary to enable the thing to be\neffective under this Law have been made;\nand accordingly the thing is taken to have been done under this Law.\n\n(3) Subsection (2) does not apply to the following—\n(a) any appointment of a person as an authorised officer;\n(b) any appointment of any other person who was employed by the\ndepartment or body administering the former legislation;\n(c) any prosecution of an offence that had not been completed\nimmediately before the commencement day;\n(d) any review or appeal, or anything related to a review or appeal,\nthat was unresolved immediately before the commencement\nday;\n(e) anything excluded from the operation of this section by the\nnational regulations.\n(4) Any prosecution, review or appeal referred to in subsection (3)(c) or\n(d) is to proceed as if the former legislation were still in force in the\nform it was in at the relevant time before the commencement day.\n(5) On the final completion of any prosecution, review or appeal referred\nto in subsection (3)(c) or (d), it is to be treated as if it had occurred\n(6) The Regulator is not liable for anything the Regulator is taken to have\ndone under this section that was done before the commencement day.\n(7) Proceedings are not to be commenced by the Regulator for an offence\narising from any action or inaction that was completed before the\ncommencement day, but nothing in this section affects the\ncommencement of proceedings by another person.\n\n(8) The national regulations may provide for, and from\ncommencement day could always provide for—\n(a) the issue of mass or dimension authorities or HML declarations\nin replacement of instruments or authorisations preserved under\nsubsection (2), without further procedural requirements under\nthe Law; and\n(b) the further preservation of anything not covered by the\nreplacement.\nHML declarations means HML declarations under the Heavy Vehicle\n(Mass, Dimension and Loading) National Regulation.\n","sortOrder":724},{"sectionNumber":"749","sectionType":"section","heading":"Expiry of certain permits, exemptions, notices and","content":"749 Expiry of certain permits, exemptions, notices and\n(1) This section applies if a permit, exemption, notice or authority—\n(a) is taken to have been made under this Law under section 748;\nand\n(b) is not subject to an expiry date, or is subject to an expiry date—\n(i) that, in the case of a permit, exceeds 3 years after the\ncommencement day; or\n(ii) that in any other case exceeds 5 years after the\ncommencement day.\n(2) In the case of a permit, it expires 3 years after the commencement\nday, unless it is cancelled before that day.\n(3) In the case of an exemption, notice or authority, it expires 5 years\nafter the commencement day, unless it is cancelled before that day.\n(4) Despite subsections (2) and (3), a modification approval granted in\nrespect of a vehicle is to continue for the life of the vehicle.\n\n(5) For the purposes of this section, a permit that solely provides an\nexemption is to be considered to be an exemption.\n","sortOrder":725},{"sectionNumber":"750","sectionType":"section","heading":"Amendment or cancellation of instruments carried over","content":"750 Amendment or cancellation of instruments carried over\nfrom former legislation\n(1) This section applies to any instrument—\n(a) that is taken to have been made under this Law under\nsection 748; and\n(b) that applies to more than one person and that confers a benefit\non at least one person; and\n(c) that is of a class of instrument that is specified by the National\nRegulations for the purposes of this section.\n(2) An amendment or cancellation of part of the instrument by\nimplication does not affect the remainder of the instrument.\nIf an instrument relates to mass and fatigue exemptions, a notice cancelling only\nthe fatigue exemptions will not cancel the mass exemptions. The mass exemptions,\nand their associated conditions, will continue in force until they are separately\namended, or until they expire.\n(3) Despite anything to the contrary in this Law, if the instrument is\namended or cancelled and the amendment or cancellation has the\neffect of removing or reducing the benefit previously conferred on a\nperson by the instrument, the person may continue to enjoy the benefit\nas if the amendment or cancellation had not occurred until the\ninstrument would have expired had the amendment or cancellation\nnot occurred.\n(4) Despite anything to the contrary in this Law other than subsection (3),\nthe Regulator may amend or cancel the instrument simply by\npublishing a public notice of the amendment or cancellation.\n\nunder subsection (4); or\n(6) This section applies even to amendments and cancellations that occur\nby implication, and it is not necessary that the instrument being\namended or cancelled be identified in the amending or cancelling\n","sortOrder":726},{"sectionNumber":"751","sectionType":"section","heading":"Expiry of industry codes of practice","content":"751 Expiry of industry codes of practice\n(1) This section applies if a code of practice—\n(a) is taken to have been made under this Law under section 748;\nand\n(b) is not subject to a review date, or is subject to a review date that\nexceeds 3 years after the commencement day.\n(2) The code of practice expires 3 years after the commencement day,\nunless it is cancelled before that day.\n","sortOrder":727},{"sectionNumber":"752","sectionType":"section","heading":"Pending matters","content":"752 Pending matters\n(a) section 748 applies to a relevant instrument (for example, an\napplication); and\n(b) any matter (for example, the determination of an application) is\npending in respect of the instrument immediately before the\nparticipation day for this jurisdiction.\n\n(2) When the matter is being dealt with on or after the participation day\nfor this jurisdiction—\n(a) the Regulator (or other person having functions under this Law\nin relation to the matter) may have regard to any relevant\nprovisions of the former legislation for this jurisdiction; and\n(b) this Law applies in relation to the matter—\n(i) with any adaptations the Regulator (or other person)\nconsiders appropriate to achieve consistency with\nprovisions of the former legislation; and\n(ii) with any necessary adaptations.\n","sortOrder":728},{"sectionNumber":"753","sectionType":"section","heading":"Preservation of current PBS scheme","content":"753 Preservation of current PBS scheme\n(1) The instruments that comprise the current PBS scheme—\n(a) continue in force on and from the commencement day despite\nthe commencement of any provision of this Law; and\n(b) apply with any necessary or appropriate modifications with\nrespect to any relevant provisions of this Law or any relevant\nfunctions of the Regulator; and\n(c) so apply as if a reference in the instruments to the National\nTransport Commission included a reference to the Regulator.\n(2) This section ceases to apply to an instrument if it is replaced by\napproved guidelines or it is otherwise dispensed with.\n","sortOrder":729},{"sectionNumber":"754","sectionType":"section","heading":"Preservation of contracts for current PBS scheme","content":"754 Preservation of contracts for current PBS scheme\n(1) This section applies to a contract between the National Transport\nCommission and another person that relates to the appointment or\nfunctions of the person for the purposes of the current PBS scheme\nand that is in force immediately before the commencement day.\n\n(2) A contract to which this section applies and the arrangements to\nwhich the contract relates—\n(a) continue in force on and from the commencement day despite\nthe commencement of any provision of this Law; and\n(b) apply with any necessary or appropriate modifications with\nrespect to any relevant provisions of this Law or any relevant\nfunctions of the Regulator; and\n(c) so apply as if a reference in the contract to the National\nTransport Commission included a reference to the Regulator.\n(3) This section ceases to apply to a contract with another person referred\nto in subsection (1) if—\n(a) the contract is terminated; or\n(b) a subsequent contract is entered into with the Regulator and the\nother person for a similar or a corresponding purpose.\n","sortOrder":730},{"sectionNumber":"755","sectionType":"section","heading":"National regulations for savings and transitional matters","content":"755 National regulations for savings and transitional matters\n(1) The national regulations may contain provisions of a savings and\ntransitional nature consequent on the enactment or commencement of\nprovisions of this Law in a jurisdiction.\n(2) Any such provision may, if the national regulations so provide, take\neffect in relation to this jurisdiction from the participation day for this\njurisdiction or a later day.\n(3) To the extent any such provision takes effect from a day that is earlier\nthan the date of its publication, the provision does not operate so as—\n(a) to affect, in a manner prejudicial to any person (other than this\njurisdiction or an authority of this jurisdiction), the rights of that\nperson existing before the date of its publication; or\n(b) to impose liabilities on any person (other than this jurisdiction\nor an authority of this jurisdiction) in respect of anything done\nor omitted to be done before the date of its publication.\n\n(4) Without limiting subsections (1) to (3), the national regulations may\ncontain provisions of a savings or transitional nature that—\n(a) have effect in circumstances where some but not all the\nprovisions of this Law are commenced; and\n(b) without limiting paragraph (a), modify the operation of the\ncommenced provisions pending and after commencement of the\nuncommenced provisions.\n\nPart 14.3 Heavy Vehicle National Law Amendment Act 2015 (Queensland)\nPart 14.3 Heavy Vehicle National Law\nAmendment Act 2015\n756 Application of s 87A to previously fitted plate or label\nSection 87A applies to tampering with a plate or label fitted or affixed\nto a heavy vehicle under section 86(2) or 87(3) before the\ncommencement of section 87A.\n","sortOrder":731},{"sectionNumber":"757","sectionType":"section","heading":"Saving of stated map and other matters under s 119 or","content":"757 Saving of stated map and other matters under s 119 or\n(1) Subsections (2) to (5) apply to the following—\n(a) a stated map applied under unamended section 119(2) in a\nmass or dimension exemption (notice) in existence immediately\nbefore the commencement;\n(b) the areas or routes shown on the stated map immediately before\nthe commencement;\n(c) a list of areas or routes applied, adopted or incorporated under\nSchedule 1, section 24(1) in a mass or dimension exemption\n(notice) in existence immediately before the commencement;\n(d) road conditions or travel conditions shown on a stated map\nor list mentioned in paragraph (a) or (c).\n(2) The stated map is taken to be a stated map applied under amended\nsection 119(2).\n(3) The list of areas or routes is taken to be a stated list applied under\namended section 119(2).\n(4) The road conditions or travel conditions are taken to be imposed\nunder amended section 119(3).\n\nHeavy Vehicle National Law Amendment Act 2015 (Queensland) Part 14.3\n(5) The areas, routes, road conditions and travel conditions shown on the\nstated map mentioned in subsection (2) or stated list mentioned in\nsubsection (3) may only be amended under amended section 119 and\nsection 119A.\n(6) Subsections (7) to (10) apply to the following—\n(a) a stated map applied under unamended section 142(2) in a class\n2 heavy vehicle authorisation (notice) in existence immediately\nbefore the commencement;\n(b) the areas or routes shown on the stated map immediately before\nthe commencement;\n(c) a list of areas or routes applied, adopted or incorporated under\nSchedule 1, section 24(1) in a class 2 heavy vehicle\nauthorisation (notice) in existence immediately before the\ncommencement;\n(d) road conditions or travel conditions shown on a stated map or\nlist mentioned in paragraph (a) or (c).\n(7) The stated map is taken to be a stated map applied under amended\nsection 142(2).\n(8) The list of areas or routes is taken to be a stated list applied under\namended section 142(2).\n(9) The road conditions or travel conditions are taken to be imposed\nunder amended section 142(3).\n(10) The areas, routes, road conditions and travel conditions shown on the\nstated map mentioned in subsection (7) or the stated list mentioned in\nsubsection (8) may only be amended under amended section 142 and\nsection 142A.\n(11) In this section—\namended, in relation to a section, means the section as amended by\nthe amendment Act.\n\nPart 14.3 Heavy Vehicle National Law Amendment Act 2015 (Queensland)\namendment Act means the Heavy Vehicle National Law Amendment\nAct 2015 (Queensland).\ncommencement means—\n(a) for the purposes of subsection (1)—the commencement of the\namendment of section 119 under the amendment Act; or\n(b) for the purposes of subsection (6)—the commencement of the\namendment of section 142 under the amendment Act.\nunamended, in relation to a section, means the section as it existed\nimmediately before it was amended by the amendment Act.\n","sortOrder":732},{"sectionNumber":"758","sectionType":"section","heading":"Application of s 737 to a new penalty","content":"758 Application of s 737 to a new penalty\n(1) The repeal of an old penalty by the amendment Act repeals any\nincrease, in force immediately before the repeal, in the amount of\npenalty applying under section 737.\n(2) The enactment of a new penalty includes the enactment of an\nincrease, to take effect immediately on the commencement of the new\npenalty, in the amount of penalty applying under section 737.\n(3) For the purpose of applying section 737 under subsection (2) to a new\npenalty, the amount of penalty applying under section 737 is to be\ncalculated as if—\n\nHeavy Vehicle National Law Amendment Act 2015 (Queensland) Part 14.3\n(4) Before the commencement of the new penalties, the Regulator must\npublish on the Regulator’s website the amounts of each penalty\napplying under subsections (2) and (3) and under section 737 on the\ncommencement of the new penalties.\nA list of all penalties to which section 737 applies must be published.\namendment Act means the Heavy Vehicle National Law Amendment\nAct 2015 (Queensland).\nold penalty means a penalty amount stated in column 2 of the\nschedule to the amendment Act.\nnew penalty means a penalty amount stated—\n(a) in column 3 of the schedule to the amendment Act; or\n(b) at the end of a provision for an offence inserted by the\namendment Act into this Law.\n\nPart 14.4 Heavy Vehicle National Law and Other Legislation Amendment Act 2016\nPart 14.4 Heavy Vehicle National Law and\nOther Legislation Amendment\nAct 2016 (Queensland)\n","sortOrder":733},{"sectionNumber":"759","sectionType":"section","heading":"Application of s 737 to a new penalty","content":"759 Application of s 737 to a new penalty\n(1) The enactment of a new penalty includes the enactment of an increase\nin the amount of penalty applying under section 737, to take effect\nwhen the new penalty commences.\n(2) For the purpose of applying section 737 under subsection (1) to a new\npenalty, the amount of penalty applying under section 737 is to be\ncalculated as if—\nnew penalty means a penalty stated at the end of a provision enacted\nby the Heavy Vehicle National Law and Other Legislation\nAmendment Act 2016 (Queensland).\n\nPreliminary Part 1\n","sortOrder":734},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Miscellaneous provisions","content":"Schedule 1 Miscellaneous provisions\nrelating to interpretation\nsection 10\n","sortOrder":735},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1 Preliminary\n1 Displacement of Schedule by contrary intention\nThe application of this Schedule may be displaced, wholly or partly,\nby a contrary intention appearing in this Law.\n\n2 Law to be construed not to exceed legislative power of\nParliament\n(1) This Law is to be construed as operating to the full extent of, but so\nas not to exceed, the legislative power of the Parliament of this\n(2) If a provision of this Law, or the application of a provision of this\nLaw to a person, subject matter or circumstance, would, but for the\npurposes of this section, be construed as being in excess of the\nlegislative power of the Parliament of this jurisdiction—\n(a) it is a valid provision to the extent to which it is not in excess of\nthe power; and\n(b) the remainder of this Law, and the application of the provision\nto other persons, subject matters or circumstances, is not\naffected.\n(3) This section applies to this Law in addition to, and without limiting\nthe effect of, any provision of this Law.\n3 Every section to be a substantive enactment\nEvery section of this Law has effect as a substantive enactment\nwithout introductory words.\n4 Material that is, and is not, part of this Law\n(1) The heading to a Chapter, Part, Division or Subdivision into which\nthis Law is divided is part of this Law.\n(2) A Schedule to this Law is part of this Law.\n(3) Punctuation in this Law is part of this Law.\n(4) A heading to a section or subsection of this Law does not form part\nof this Law.\n\n(5) Notes included in this Law (including footnotes and endnotes) do not\nform part of this Law.\n5 References to particular Acts and to enactments\n(a) an Act of this jurisdiction may be cited—\n(ii) by reference to the year in which it was passed and its\nnumber; and\n(b) Commonwealth Act may be cited—\n(ii) in another way sufficient in a Commonwealth Act for the\ncitation of such an Act;\ntogether with a reference to the Commonwealth; and\n(c) an Act of another jurisdiction may be cited—\n(ii) in another way sufficient in an Act of the jurisdiction for\nthe citation of such an Act;\ntogether with a reference to the jurisdiction.\n6 References taken to be included in Law or Act citation\netc.\n(1) A reference in this Law to this Law or an Act includes a reference\nto—\n(a) this Law or the Act as originally enacted, and as amended from\ntime to time since its original enactment; and\n\n(b) if this Law or the Act has been repealed and re-enacted (with or\nwithout modification) since the enactment of the reference—this\nLaw or the Act as re-enacted, and as amended from time to time\nsince its re-enactment.\n(2) A reference in this Law to a provision of this Law or of an Act\nincludes a reference to—\n(a) the provision as originally enacted, and as amended from time\nto time since its original enactment; and\n(b) if the provision has been omitted and re-enacted (with or without\nmodification) since the enactment of the reference—the\nprovision as re-enacted, and as amended from time to time since\nits re-enactment.\n(3) Subsections (1) and (2) apply to a reference in this Law to a law of\nthe Commonwealth or another jurisdiction as they apply to a\nreference in this Law to an Act and to a provision of an Act.\n7 Interpretation best achieving Law’s purpose or object\n(1) In the interpretation of a provision of this Law, the interpretation that\nwill best achieve the purpose or object of this Law is to be preferred\nto any other interpretation.\n(2) Subsection (1) applies whether or not the purpose or object is\nexpressly stated in this Law.\n8 Use of extrinsic material in interpretation\n(1) In this section—\nextrinsic material means relevant material not forming part of this\nLaw, including, for example—\n(a) material that is set out in the document containing the text of this\nLaw as printed by the Government Printer; and\n\n(b) a relevant report of a Royal Commission, Law Reform\nCommission, commission or committee of inquiry, or a similar\nbody, that was laid before the Parliament of this jurisdiction\nbefore the provision concerned was enacted; and\n(c) a relevant report of a committee of the Parliament of this\njurisdiction that was made to the Parliament before the provision\nwas enacted; and\n(d) a treaty or other international agreement that is mentioned in this\nLaw; and\n(e) an explanatory note or memorandum relating to the Bill that\ncontained the provision, or any relevant document, that was laid\nbefore, or given to the members of, the Parliament of this\njurisdiction by the member bringing in the Bill before the\nprovision was enacted; and\n(f) the speech made to the Parliament of this jurisdiction by the\nmember in moving a motion that the Bill be read a second time;\nand\n(g) material in the Votes and Proceedings of the Parliament of this\njurisdiction or in any official record of debates in the Parliament\nof this jurisdiction; and\n(h) a document that is declared by this Law to be a relevant\ndocument for the purposes of this section.\nordinary meaning means the ordinary meaning conveyed by a\nprovision having regard to its context in this Law and to the purpose\nof this Law.\n(2) Subject to subsection (3), in the interpretation of a provision of this\nLaw, consideration may be given to extrinsic material capable of\nassisting in the interpretation—\n(a) if the provision is ambiguous or obscure—to provide an\ninterpretation of it; or\n\n(b) if the ordinary meaning of the provision leads to a result that is\nmanifestly absurd or is unreasonable—to provide an\ninterpretation that avoids such a result; or\n(c) in any other case—to confirm the interpretation conveyed by the\nordinary meaning of the provision.\n(3) In determining whether consideration should be given to extrinsic\nmaterial, and in determining the weight to be given to extrinsic\nmaterial, regard is to be had to—\n(a) the desirability of a provision being interpreted as having its\nordinary meaning; and\n(b) the undesirability of prolonging proceedings without\ncompensating advantage; and\n(c) other relevant matters.\n9 Effect of change of drafting practice\nIf—\n(a) a provision of this Law expresses an idea in particular words;\nand\n(b) a provision enacted later appears to express the same idea in\ndifferent words for the purpose of implementing a different\nlegislative drafting practice, including, for example—\n(i) the use of a clearer or simpler style; or\n(ii) the use of gender-neutral language;\nthe ideas must not be taken to be different merely because different\nwords are used.\n\n","sortOrder":736},{"sectionNumber":"10","sectionType":"section","heading":"Use of examples","content":"10 Use of examples\nIf this Law includes an example of the operation of a provision—\n(a) the example is not exhaustive; and\n(b) the example does not limit, but may extend, the meaning of the\nprovision; and\n(c) the example and the provision are to be read in the context of\neach other and the other provisions of this Law, but, if the\nexample and the provision so read are inconsistent, the provision\nprevails.\n","sortOrder":737},{"sectionNumber":"11","sectionType":"section","heading":"Compliance with forms","content":"11 Compliance with forms\n(1) If a form is prescribed or approved by or for the purpose of this Law,\nstrict compliance with the form is not necessary and substantial\ncompliance is sufficient.\n(2) If a form prescribed or approved by or for the purpose of this Law\nrequires—\n(a) the form to be completed in a specified way; or\n(b) specified information or documents to be included in, attached\nto or given with the form; or\n(c) the form, or information or documents included in, attached to\nor given with the form, to be verified in a specified way;\nthe form is not properly completed unless the requirement is complied\nwith.\n\n12 Definitions\n(1) In this Law—\nAct means an Act of the Parliament of this jurisdiction.\nadult means an individual who is 18 or more.\naffidavit, in relation to a person allowed by law to affirm, declare or\npromise, includes affirmation, declaration and promise.\namend includes—\n(a) omit or omit and substitute; or\n(b) alter or vary; or\n(c) amend by implication.\nappoint includes reappoint.\nAustralia means the Commonwealth of Australia but, when used in a\ngeographical sense, does not include an external Territory.\nbusiness day means a day that is not—\n(a) a Saturday or Sunday; or\n(b) a public holiday, special holiday or bank holiday in the place in\nwhich any relevant act is to be or may be done.\ncalendar month means a period starting at the beginning of any day\nof one of the 12 named months and ending—\n(a) immediately before the beginning of the corresponding day of\nthe next named month; or\n(b) if there is no such corresponding day—at the end of the next\nnamed month.\ncalendar year means a period of 12 months beginning on 1 January.\n\ncommencement, in relation to this Law or an Act or a provision of\nthis Law or an Act, means the time at which this Law, the Act or\nprovision comes into operation.\nCommonwealth means the Commonwealth of Australia but, when\nused in a geographical sense, does not include an external Territory.\nconfer, in relation to a function, includes impose.\ncontravene includes fail to comply with.\ncountry includes—\n(a) a federation; or\n(b) a state, province or other part of a federation.\ndate of assent, in relation to an Act, means the day on which the Act\nreceives the Royal Assent.\ndefinition means a provision of this Law (however expressed) that—\n(a) gives a meaning to a word or expression; or\n(b) limits or extends the meaning of a word or expression.\ndocument includes—\n(a) any paper or other material on which there is writing; and\n(b) any paper or other material on which there are marks, figures,\nsymbols or perforations having a meaning for a person qualified\nto interpret them; and\n(c) any disc, tape or other article or any material from which sounds,\nimages, writings or messages are capable of being reproduced\n(with or without the aid of another article or device).\nelectronic communication means—\n(a) a communication of information in the form of data, text or\nimages by means of guided or unguided electromagnetic energy,\nor both; or\n\n(b) a communication of information in the form of sound by means\nof guided or unguided electromagnetic energy, or both, where\nthe sound is processed at its destination by an automated voice\nrecognition system.\nestate includes easement, charge, right, title, claim, demand, lien or\nencumbrance, whether at law or in equity.\nexpire includes lapse or otherwise cease to have effect.\nexternal Territory means a Territory, other than an internal Territory,\nfor the government of which as a Territory provision is made by a\nCommonwealth Act.\nfail includes refuse.\nfinancial year means a period of 12 months beginning on 1 July.\nforeign country means a country (whether or not an independent\nsovereign State) outside Australia and the external Territories.\nfunction includes a power or duty.\nGovernment Printer means the Government Printer of this\njurisdiction, and includes any other person authorised by the\nGovernment of this jurisdiction to print an Act or instrument.\nindividual means a natural person.\ninformation system means a system for generating, sending,\nreceiving, storing or otherwise processing electronic\ncommunications.\ninsert, in relation to a provision of this Law, includes substitute.\ninstrument includes a statutory instrument.\ninterest, in relation to land or other property, means—\n(a) a legal or equitable estate in the land or other property; or\n(b) a right, power or privilege over, or in relation to, the land or\nother property.\n\ninternal Territory means the Australian Capital Territory, the Jervis\nBay Territory or the Northern Territory.\nJervis Bay Territory means the Territory mentioned in the Jervis Bay\nTerritory Acceptance Act 1915 of the Commonwealth.\nmake includes issue or grant.\nminor means an individual who is under 18.\nmodification includes addition, omission or substitution.\nmonth means a calendar month.\nnamed month means 1 of the 12 months of the year.\nNorthern Territory means the Northern Territory of Australia.\nnumber means—\n(a) a number expressed in figures or words; or\n(b) a letter; or\n(c) a combination of a number so expressed and a letter.\noath, in relation to a person allowed by law to affirm, declare or\npromise, includes affirmation, declaration or promise.\noffice includes position.\nomit, in relation to a provision of this Law or an Act, includes repeal.\nparty includes an individual or a body politic or corporate.\npenalty includes forfeiture or punishment.\nperson includes an individual or a body politic or corporate.\npower includes authority.\nprescribed means prescribed by, or by regulations made or in force\nfor the purposes of or under, this Law.\n\nprinted includes typewritten, lithographed or reproduced by any\nmechanical means.\nproceeding means a legal or other action or proceeding.\nproperty means any legal or equitable estate or interest (whether\npresent or future, vested or contingent, or tangible or intangible) in\nreal or personal property of any description (including money), and\nincludes things in action.\nprovision, in relation to this Law or an Act, means words or other\nmatter that form or forms part of this Law or the Act, and includes—\n(a) a Chapter, Part, Division, Subdivision, section, subsection,\nparagraph, subparagraph, sub-subparagraph or Schedule of or to\nthis Law or the Act; and\n(b) a section, clause, subclause, item, column, table or form of or in\na Schedule to this Law or the Act; and\n(c) the long title and any preamble to the Act.\nrecord includes information stored or recorded by means of a\ncomputer.\nrepeal includes—\n(a) revoke or rescind; and\n(b) repeal by implication; and\n(c) abrogate or limit the effect of this Law or the instrument\nconcerned; and\n(d) exclude from, or include in, the application of this Law or the\ninstrument concerned any person, subject matter or\ncircumstance.\nsign includes the affixing of a seal or the making of a mark.\n\nstatutory declaration means a declaration made under an Act, or\nunder a Commonwealth Act or an Act of another jurisdiction, that\nauthorises a declaration to be made otherwise than in the course of a\njudicial proceeding.\nstatutory instrument means an instrument (including a regulation)\nmade or in force under or for the purposes of this Law, and includes\nan instrument made or in force under any such instrument.\nswear, in relation to a person allowed by law to affirm, declare or\npromise, includes affirm, declare or promise.\nword includes any symbol, figure or drawing.\nwriting includes any mode of representing or reproducing words in a\nvisible form.\nyear, without specifying the type of year, means calendar year.\n(2) In a statutory instrument—\nthe Law means this Law.\n13 Provisions relating to defined terms and gender and\nnumber\n(1) If this Law defines a word or expression, other parts of speech and\ngrammatical forms of the word or expression have corresponding\nmeanings.\n(2) Definitions in or applicable to this Law apply except so far as the\ncontext or subject matter otherwise indicates or requires.\n(3) In this Law, words indicating a gender include each other gender.\n(4) In this Law—\n(a) words in the singular include the plural; and\n(b) words in the plural include the singular.\n\n14 Meaning of ‘may’ and ‘must’\n(1) In this Law, the word may, or a similar word or expression, used in\nrelation to a power indicates that the power may be exercised or not\nexercised, at discretion.\n(2) In this Law, the word must, or a similar word or expression, used in\nrelation to a power indicates that the power is required to be\nexercised.\n(3) This section has effect despite any rule of construction to the contrary.\n15 Words and expressions used in statutory instruments\n(1) Words and expressions used in a statutory instrument have the same\nmeanings as they have, from time to time, in this Law, or relevant\nprovisions of this Law, under or for the purposes of which the\ninstrument is made or in force.\n(2) This section has effect in relation to a statutory instrument except so\nfar as the contrary intention appears in the instrument.\n16 Effect of express references to bodies corporate and\nindividuals\nIn this Law, a reference to a person generally (whether the expression\n“person”, “party”, “someone”, “anyone”, “no-one”, “one”, “another”\nor “whoever” or another expression is used)—\n(a) does not exclude a reference to a body corporate or an individual\nmerely because elsewhere in this Law there is particular\nreference to a body corporate (however expressed); and\n(b) does not exclude a reference to a body corporate or an individual\nmerely because elsewhere in this Law there is particular\nreference to an individual (however expressed).\n\n17 Production of records kept in computers etc.\nIf a person who keeps a record of information by means of a\nmechanical, electronic or other device is required by or under this\nLaw—\n(a) to produce the information or a document containing the\ninformation to a court, tribunal or person; or\n(b) to make a document containing the information available for\ninspection by a court, tribunal or person;\nthen, unless the court, tribunal or person otherwise directs—\n(c) the requirement obliges the person to produce or make available\nfor inspection, as the case may be, a document that reproduces\nthe information in a form capable of being understood by the\ncourt, tribunal or person; and\n(d) the production to the court, tribunal or person of the document\nin that form complies with the requirement.\n18 References to this jurisdiction to be implied\n(a) a reference to an officer, office or statutory body is a reference\nto such an officer, office or statutory body in and for this\njurisdiction; and\n(b) a reference to a locality or other matter or thing is a reference to\nsuch a locality or other matter or thing in and of this jurisdiction.\n19 References to officers and holders of offices\nIn this Law, a reference to a particular officer, or to the holder of a\nparticular office, includes a reference to the person for the time being\n\n20 Reference to certain provisions of Law\nIf a provision of this Law refers—\n(a) to a Chapter, Part, section or Schedule by a number and without\nreference to this Law—the reference is a reference to the\nChapter, Part, section or Schedule, designated by the number, of\nor to this Law; or\n(b) to a Schedule without reference to it by a number and without\nreference to this Law—the reference, if there is only one\nSchedule to this Law, is a reference to the Schedule; or\n(c) to a Division, Subdivision, subsection, paragraph, subparagraph,\nsub-subparagraph, clause, subclause, item, column, table or\nform by a number and without reference to this Law—the\nreference is a reference to—\n(i) the Division, designated by the number, of the Part in\nwhich the reference occurs; and\n(ii) the Subdivision, designated by the number, of the Division\nin which the reference occurs; and\n(iii) the subsection, designated by the number, of the section in\nwhich the reference occurs; and\n(iv) the paragraph, designated by the number, of the section,\nsubsection, Schedule or other provision in which the\nreference occurs; and\n(v) the paragraph, designated by the number, of the clause,\nsubclause, item, column, table or form of or in the Schedule\nin which the reference occurs; and\n(vi) the subparagraph, designated by the number, of the\nparagraph in which the reference occurs; and\n(vii) the sub-subparagraph, designated by the number, of the\nsubparagraph in which the reference occurs; and\n\n(viii) the section, clause, subclause, item, column, table or form,\ndesignated by the number, of or in the Schedule in which\nthe reference occurs;\nas the case requires.\n21 Reference to provisions of this Law or an Act is inclusive\nIn this Law, a reference to a portion of this Law or an Act includes—\n(a) a reference to the Chapter, Part, Division, Subdivision, section,\nsubsection or other provision of this Law or the Act referred to\nthat forms the beginning of the portion; and\n(b) a reference to the Chapter, Part, Division, Subdivision, section,\nsubsection or other provision of this Law or the Act referred to\nthat forms the end of the portion.\nA reference to “sections 5 to 9” includes both section 5 and section 9. It is not\nnecessary to refer to “sections 5 to 9 (both inclusive)” to ensure that the reference\nis given an inclusive interpretation.\n\n22 Exercise of statutory functions\n(1) If this Law confers a function on a person or body, the function may\nbe exercised from time to time as occasion requires.\n(2) If this Law confers a function on a particular officer or the holder of\na particular office, the function may be exercised by the person for\nthe time being occupying or acting in the office concerned.\n(3) If this Law confers a function on a body (whether or not\nincorporated), the exercise of the function is not affected merely\nbecause of vacancies in the membership of the body.\n23 Power to make instrument or decision includes power to\namend or repeal\nIf this Law authorises or requires the making of an instrument or\ndecision—\n(a) the power includes power to amend or repeal the instrument or\ndecision; and\n(b) the power to amend or repeal the instrument or decision is\nexercisable in the same way, and subject to the same conditions,\nas the power to make the instrument or decision.\n24 Matters for which statutory instruments may make\nprovision\n(1) If this Law authorises or requires the making of a statutory instrument\nin relation to a matter, a statutory instrument made under this Law\nmay make provision for the matter by applying, adopting or\nincorporating (with or without modification) the provisions of—\n(a) an Act or statutory instrument; or\n\n(b) another document (whether of the same or a different kind);\nas in force at a particular time or as in force from time to time.\n(2) If a statutory instrument applies, adopts or incorporates the provisions\nof a document, the statutory instrument applies, adopts or\nincorporates the provisions as in force from time to time, unless the\nstatutory instrument otherwise expressly provides.\n(3) A statutory instrument may—\n(a) apply generally throughout this jurisdiction or be limited in its\napplication to a particular part of this jurisdiction; or\n(b) apply generally to all persons, matters or things or be limited in\nits application to—\n(i) particular persons, matters or things; or\n(ii) particular classes of persons, matters or things; or\n(c) otherwise apply generally or be limited in its application by\nreference to specified exceptions or factors.\n(4) A statutory instrument may—\n(a) apply differently according to different specified factors; or\n(b) otherwise make different provision in relation to—\n(i) different persons, matters or things; or\n(ii) different classes of persons, matters or things.\n(5) A statutory instrument may authorise a matter or thing to be from time\nto time determined, applied or regulated by a specified person or\nbody.\n(6) If this Law authorises or requires a matter to be regulated by statutory\ninstrument, the power may be exercised by prohibiting by statutory\ninstrument the matter or any aspect of the matter.\n\n(7) If this Law authorises or requires provision to be made with respect\nto a matter by statutory instrument, a statutory instrument made under\nthis Law may make provision with respect to a particular aspect of\nthe matter despite the fact that provision is made by this Law in\nrelation to another aspect of the matter or in relation to another matter.\n(8) A statutory instrument may provide for the review of, or a right of\nappeal against, a decision made under the statutory instrument, or this\nLaw, and may, for that purpose, confer jurisdiction on any court,\ntribunal, person or body.\n(9) A statutory instrument may require a form prescribed by or under the\nstatutory instrument, or information or documents included in,\nattached to or given with the form, to be verified by statutory\ndeclaration.\n25 Presumption of validity and power to make\n(1) All conditions and preliminary steps required for the making of a\nstatutory instrument are presumed to have been satisfied and\nperformed in the absence of evidence to the contrary.\n(2) A statutory instrument is taken to be made under all powers under\nwhich it may be made, even though it purports to be made under this\nLaw or a particular provision of this Law.\n26 Appointments may be made by name or office\n(1) If this Law authorises or requires a person or body—\n(a) to appoint a person to an office; or\n(b) to appoint a person or body to exercise a power; or\n(c) to appoint a person or body to do another thing;\nthe person or body may make the appointment by—\n(d) appointing a person or body by name; or\n\n(e) appointing a particular officer, or the holder of a particular\noffice, by reference to the title of the office concerned.\n(2) An appointment of a particular officer, or the holder of a particular\noffice, is taken to be the appointment of the person for the time being\n","sortOrder":738},{"sectionNumber":"27","sectionType":"section","heading":"Acting appointments","content":"27 Acting appointments\n(1) If this Law authorises a person or body to appoint a person to act in\nan office, the person or body may, in accordance with this Law,\nappoint—\n(a) a person by name; or\n(b) a particular officer, or the holder of a particular office, by\nreference to the title of the office concerned;\nto act in the office.\n(2) The appointment may be expressed to have effect only in the\ncircumstances specified in the instrument of appointment.\n(3) The appointer may—\n(a) determine the terms and conditions of the appointment,\nincluding remuneration and allowances; and\n(b) terminate the appointment at any time.\n(4) The appointment, or the termination of the appointment, must be in,\nor evidenced by, writing signed by the appointer.\n(5) The appointee must not act for more than 1 year during a vacancy in\nthe office.\n(6) If the appointee is acting in the office otherwise than because of a\nvacancy in the office and the office becomes vacant, then, subject to\nsubsection (2), the appointee may continue to act until—\n(a) the appointer otherwise directs; or\n\n(b) the vacancy is filled; or\n(c) the end of a year from the day of the vacancy;\nwhichever happens first.\n(7) The appointment ceases to have effect if the appointee resigns by\nwriting signed and delivered to the appointer.\n(8) While the appointee is acting in the office—\n(a) the appointee has all the powers and functions of the holder of\nthe office; and\n(b) this Law and other laws apply to the appointee as if the\nappointee were the holder of the office.\n(9) Anything done by or in relation to a person purporting to act in the\noffice is not invalid merely because—\n(a) the occasion for the appointment had not arisen; or\n(b) the appointment had ceased to have effect; or\n(c) the occasion for the person to act had not arisen or had ceased.\n(10) If this Law authorises the appointer to appoint a person to act during\na vacancy in the office, an appointment to act in the office may be\nmade by the appointer whether or not an appointment has previously\nbeen made to the office.\n","sortOrder":739},{"sectionNumber":"28","sectionType":"section","heading":"Powers of appointment imply certain incidental powers","content":"28 Powers of appointment imply certain incidental powers\n(1) If this Law authorises or requires a person or body to appoint a person\nto an office—\n(a) the power may be exercised from time to time as occasion\nrequires; and\n(b) the power includes—\n(i) power to remove or suspend, at any time, a person\nappointed to the office; and\n\n(ii) power to appoint another person to act in the office if a\nperson appointed to the office is removed or suspended;\nand\n(iii) power to reinstate or reappoint a person removed or\nsuspended; and\n(iv) power to appoint a person to act in the office if it is vacant\n(whether or not the office has ever been filled); and\n(v) power to appoint a person to act in the office if the person\nappointed to the office is absent or is unable to discharge\nthe functions of the office (whether because of illness or\notherwise).\n(2) The power to remove or suspend a person under subsection (1)(b)\nmay be exercised even if this Law provides that the holder of the\noffice to which the person was appointed is to hold office for a\nspecified period.\n(3) The power to make an appointment under subsection (1)(b) may be\nexercised from time to time as occasion requires.\n(4) An appointment under subsection (1)(b) may be expressed to have\neffect only in the circumstances specified in the instrument of\nappointment.\n","sortOrder":740},{"sectionNumber":"29","sectionType":"section","heading":"Delegation of functions","content":"29 Delegation of functions\n(1) If this Law authorises a person or body to delegate a function, the\nperson or body may, in accordance with this Law and any other\napplicable law, delegate the function to—\n(a) a person or body by name; or\n(b) a specified officer, or the holder of a specified office, by\nreference to the title of the office concerned.\n(2) The delegation may be—\n(a) general or limited; and\n\n(b) made from time to time; and\n(c) revoked, wholly or partly, by the delegator.\n(3) The delegation, or a revocation of the delegation, must be in, or\nevidenced by, writing signed by the delegator or, if the delegator is a\nbody, by a person authorised by the body for the purpose.\n(4) A delegated function may be exercised only in accordance with any\nconditions to which the delegation is subject.\n(5) The delegate may, in the exercise of a delegated function, do anything\nthat is incidental to the delegated function.\n(6) A delegated function that purports to have been exercised by the\ndelegate is taken to have been properly exercised by the delegate\nunless the contrary is proved.\n(7) A delegated function that is properly exercised by the delegate is\ntaken to have been exercised by the delegator.\n(8) If, when exercised by the delegator, a function is dependent on the\ndelegator’s opinion, belief or state of mind, then, when exercised by\nthe delegate, the function is dependent on the delegate’s opinion,\nbelief or state of mind.\n(9) If—\n(a) the delegator is a specified officer or the holder of a specified\noffice; and\n(b) the person who was the specified officer or holder of the\nspecified office when the delegation was made ceases to be the\nholder of the office;\n(c) the delegation continues in force; and\n(d) the person for the time being occupying or acting in the office\nconcerned is taken to be the delegator for the purposes of this\n\n(10) If—\n(a) the delegator is a body; and\n(b) there is a change in the membership of the body;\n(c) the delegation continues in force; and\n(d) the body as constituted for the time being is taken to be the\ndelegator for the purposes of this section.\n(11) If a function is delegated to a specified officer or the holder of a\nspecified office—\n(a) the delegation does not cease to have effect merely because the\nperson who was the specified officer or the holder of the\nspecified office when the function was delegated ceases to be\nthe officer or the holder of the office; and\n(b) the function may be exercised by the person for the time being\n(12) A function that has been delegated may, despite the delegation, be\nexercised by the delegator.\n(13) The delegation of a function does not relieve the delegator of the\ndelegator’s obligation to ensure that the function is properly\nexercised.\n(14) Subject to subsection (15), this section applies to a subdelegation of\na function in the same way as it applies to a delegation of a function.\n(15) If this Law authorises the delegation of a function, the function may\nbe subdelegated only if the Law expressly authorises the function to\nbe subdelegated.\n\n","sortOrder":741},{"sectionNumber":"30","sectionType":"section","heading":"Exercise of powers between enactment and","content":"30 Exercise of powers between enactment and\ncommencement\n(1) If a provision of this Law (the empowering provision) that does not\ncommence on its enactment would, had it commenced, confer a\npower—\n(a) to make an appointment; or\n(b) to make a statutory instrument of a legislative or administrative\ncharacter; or\n(c) to do another thing;\n(d) the power may be exercised; and\n(e) anything may be done for the purpose of enabling the exercise\nof the power or of bringing the appointment, instrument or other\nthing into effect;\nbefore the empowering provision commences.\n(2) If a provision of a Queensland Act (the empowering provision) that\ndoes not commence on its enactment would, had it commenced,\namend a provision of this Law so that it would confer a power—\n(a) to make an appointment; or\n(b) to make a statutory instrument of a legislative or administrative\ncharacter; or\n(c) to do another thing;\n(d) the power may be exercised; and\n\n(e) anything may be done for the purpose of enabling the exercise\nof the power or of bringing the appointment, instrument or other\nthing into effect;\nbefore the empowering provision commences.\n(3) If—\n(a) this Law has commenced and confers a power to make a\nstatutory instrument (the basic instrument-making power); and\n(b) a provision of a Queensland Act that does not commence on its\nenactment would, had it commenced, amend this Law so as to\nconfer additional power to make a statutory instrument (the\nadditional instrument-making power);\n(c) the basic instrument-making power and the additional\ninstrument-making power may be exercised by making a single\ninstrument; and\n(d) any provision of the instrument that required an exercise of the\nadditional instrument-making power is to be treated as made\nunder subsection (2).\n(4) If an instrument, or a provision of an instrument, is made under\nsubsection (1) or (2) that is necessary for the purpose of—\n(a) enabling the exercise of a power mentioned in the subsection; or\n(b) bringing an appointment, instrument or other thing made or done\nunder such a power into effect;\nthe instrument or provision takes effect—\n(c) on the making of the instrument; or\n(d) on such later day (if any) on which, or at such later time (if any)\nat which, the instrument or provision is expressed to take effect.\n\n(5) If—\n(a) an appointment is made under subsection (1) or (2); or\n(b) an instrument, or a provision of an instrument, made under\nsubsection (1) or (2) is not necessary for a purpose mentioned in\nsubsection (4);\nthe appointment, instrument or provision takes effect—\n(c) on the commencement of the relevant empowering provision; or\n(d) on such later day (if any) on which, or at such later time (if any)\nat which, the appointment, instrument or provision is expressed\nto take effect.\n(6) Anything done under subsection (1) or (2) does not confer a right, or\nimpose a liability, on a person before the relevant empowering\nprovision commences.\n(7) After the enactment of a provision mentioned in subsection (2) but\nbefore the provision’s commencement, this section applies as if the\nreferences in subsections (2) and (5) to the commencement of the\nempowering provision were references to the commencement of the\nprovision mentioned in subsection (2) as amended by the empowering\n(8) In the application of this section to a statutory instrument, a reference\nto the enactment of the instrument is a reference to the making of the\ninstrument.\n\nDistance, time and age Part 5\n","sortOrder":742},{"sectionNumber":"Part 5","sectionType":"part","heading":"Distance, time and age","content":"Part 5 Distance, time and age\n","sortOrder":743},{"sectionNumber":"31","sectionType":"section","heading":"Matters relating to distance, time and age","content":"31 Matters relating to distance, time and age\n(1) In the measurement of distance for the purposes of this Law, the\ndistance is to be measured along the shortest road ordinarily used for\ntravelling.\n(2) If a period beginning on a given day, act or event is provided or\nallowed for a purpose by this Law, the period is to be calculated by\nexcluding the day, or the day of the act or event, and—\n(a) if the period is expressed to be a specified number of clear days\nor at least a specified number of days—by excluding the day on\nwhich the purpose is to be fulfilled; and\n(b) in any other case—by including the day on which the purpose is\nto be fulfilled.\n(3) If the last day of a period provided or allowed by this Law for doing\nanything is not a business day in the place in which the thing is to be\nor may be done, the thing may be done on the next business day in\nthe place.\n(4) If the last day of a period provided or allowed by this Law for the\nfiling or registration of a document is a day on which the office is\nclosed where the filing or registration is to be or may be done, the\ndocument may be filed or registered at the office on the next day that\nthe office is open.\n(5) If no time is provided or allowed for doing anything, the thing is to\nbe done as soon as possible, and as often as the prescribed occasion\nhappens.\n\nPart 5 Distance, time and age\n(6) If, in this Law, there is a reference to time, the reference is, in relation\nto the doing of anything in a jurisdiction, a reference to the legal time\nin the jurisdiction.\n(7) For the purposes of this Law, a person attains an age in years at the\nbeginning of the person’s birthday for the age.\n\nEffect of repeal, amendment or expiration Part 6\nPart 6 Effect of repeal, amendment or\nexpiration\n","sortOrder":744},{"sectionNumber":"32","sectionType":"section","heading":"Time of Law ceasing to have effect","content":"32 Time of Law ceasing to have effect\nIf a provision of this Law is expressed—\n(a) to expire on a specified day; or\n(b) to remain or continue in force, or otherwise have effect, until a\nspecified day;\nthe provision has effect until the last moment of the specified day.\n","sortOrder":745},{"sectionNumber":"33","sectionType":"section","heading":"Repealed Law provisions not revived","content":"33 Repealed Law provisions not revived\nIf a provision of this Law is repealed or amended by a Queensland\nAct, or a provision of a Queensland Act, the provision is not revived\nmerely because the Queensland Act or the provision of the\nQueensland Act—\n(a) is later repealed or amended; or\n(b) later expires.\n","sortOrder":746},{"sectionNumber":"34","sectionType":"section","heading":"Saving of operation of repealed Law provisions","content":"34 Saving of operation of repealed Law provisions\n(1) The repeal, amendment or expiry of a provision of this Law does\nnot—\n(a) revive anything not in force or existing at the time the repeal,\namendment or expiry takes effect; or\n(b) affect the previous operation of the provision or anything\nsuffered, done or begun under the provision; or\n(c) affect a right, privilege or liability acquired, accrued or incurred\nunder the provision; or\n(d) affect a penalty incurred in relation to an offence arising under\nthe provision; or\n\nPart 6 Effect of repeal, amendment or expiration\n(e) affect an investigation, proceeding or remedy in relation to such\na right, privilege, liability or penalty.\n(2) Any such penalty may be imposed and enforced, and any such\ninvestigation, proceeding or remedy may be begun, continued or\nenforced, as if the provision had not been repealed or amended or had\nnot expired.\n","sortOrder":747},{"sectionNumber":"35","sectionType":"section","heading":"Continuance of repealed provisions","content":"35 Continuance of repealed provisions\nIf a Queensland Act repeals some provisions of this Law and enacts\nnew provisions in substitution for the repealed provisions, the\nrepealed provisions continue in force until the new provisions\ncommence.\n","sortOrder":748},{"sectionNumber":"36","sectionType":"section","heading":"Law and amending Acts to be read as one","content":"36 Law and amending Acts to be read as one\nThis Law and all Queensland Acts amending this Law are to be read\nas one.\n\nInstruments under Law Part 7\nPart 7 Instruments under Law\n","sortOrder":749},{"sectionNumber":"37","sectionType":"section","heading":"Schedule applies to statutory instruments","content":"37 Schedule applies to statutory instruments\n(1) This Schedule applies to a statutory instrument, and to things that may\nbe done or are required to be done under a statutory instrument, in the\nsame way as it applies to this Law, and things that may be done or are\nrequired to be done under this Law, except so far as the context or\nsubject matter otherwise indicates or requires.\n(2) The fact that a provision of this Schedule refers to this Law and not\nalso to a statutory instrument does not, by itself, indicate that the\nprovision is intended to apply only to this Law.\n\nPart 8 Application to coastal waters\nPart 8 Application to coastal waters\n38 Application\nThis Law has effect in and in relation to the coastal waters of this\njurisdiction as if the coastal waters were part of this jurisdiction.\n\nSubject matter for conditions of mass or dimension authorities Schedule 2\n","sortOrder":750},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Subject matter for conditions","content":"Schedule 2 Subject matter for conditions\nof mass or dimension\nsections 119, 125 and 146\n1 the maximum permissible mass of a heavy vehicle, a heavy vehicle\ntogether with its load, or a component of a heavy vehicle, being used\non a road\n2 the maximum permissible dimensions of a heavy vehicle (including\nits equipment), or a component or load of a heavy vehicle, being used\non a road\n3 the configuration of a heavy vehicle\n4 the types of loads a heavy vehicle may carry\n5 the use of signs and warning devices\n6 the use of a pilot vehicle or escort vehicle\n7 the times when a heavy vehicle may be used on a road\n8 the maximum speed at which a heavy vehicle may be driven on a road\n9 requirements about monitoring the movement of a heavy vehicle\n10 the use of stated technology to—\n(a) ensure the safe use of a heavy vehicle; or\n(b) ensure a heavy vehicle will not cause damage to road\ninfrastructure; or\n(c) minimise the adverse effect of the use of a heavy vehicle on\npublic amenity\n\nsection 640, definition reviewable decision\nsection 22 decision of Regulator not to grant a PBS design approval\nsection 22 decision of Regulator to impose a condition in relation to a\nPBS design approval, except to the extent the decision\nrelates to a condition imposed as a result of a ministerial\nnotice under section 21\nsection 23 decision of Regulator not to grant a PBS vehicle approval\nsection 23 decision of Regulator to impose a condition in relation to a\nPBS vehicle approval, except to the extent the decision\nrelates to a condition imposed as a result of a ministerial\nnotice under section 21\nsection 68 decision of Regulator not to grant a vehicle standards\nsection 68 decision of Regulator to grant a vehicle standards\nsection 71 decision of Regulator to impose on a vehicle standards\nsection 75 decision of Regulator not to make a decision sought in an\napplication for amendment or cancellation of a vehicle\n\nsection 76 decision of Regulator to amend or cancel a vehicle\nsection 77 decision of the Regulator to immediately suspend a vehicle\nsection 80 decision of Regulator not to give a replacement permit for a\nvehicle standards exemption (permit)\nsection 122 decision of Regulator not to grant a mass or dimension\nexemption (permit) other than because a relevant road\nmanager for the exemption did not consent to the grant\nsection 122 decision of Regulator to grant a mass or dimension\nsection 125 decision of Regulator to impose on a mass or dimension\nand not a road condition or travel conditions required by a\nrelevant road manager for the exemption\nsection 143 decision of Regulator not to grant a class 2 heavy vehicle\nauthorisation (permit) other than because a relevant road\nmanager for the authorisation did not consent to the grant\nsection 143 decision of Regulator to grant a class 2 heavy vehicle\nauthorisation (permit) for a period less than the period of\nnot more than 3 years sought by the applicant\n\nsection 146 decision of Regulator to impose on a class 2 heavy vehicle\nauthorisation (permit) a condition not sought by the\napplicant and not a road condition or travel condition\nrequired by a relevant road manager for the authorisation\nsection 176 decision of Regulator not to make a decision sought in an\napplication for amendment of a mass or dimension\nauthority granted by giving a person a permit\nsection 177 decision of Regulator to amend or cancel a mass or\ndimension authority granted by giving a person a permit,\nother than at the request of a relevant road manager\nsection 179 decision of Regulator to immediately suspend a mass or\ndimension authority granted by giving a person a permit\nsection 182 decision of Regulator not to give a replacement permit for a\nmass or dimension authority\nsection 273 decision of Regulator not to grant a work and rest hours\nexemption (permit) that does not cover all of the drivers\nexemption (permit) setting maximum work times or\nminimum rest times different to the maximum work times\nor minimum rest times sought by the applicant\n\nsection 276 decision of Regulator to impose on a work and rest hours\nsection 280 decision of Regulator not to make a decision sought in an\napplication for the amendment or cancellation of a work\nand rest hours exemption (permit)\nsection 281 decision of Regulator to amend or cancel a work and rest\nhours exemption (permit)\nsection 282 decision of Regulator to immediately suspend a work and\nrest hours exemption (permit)\nsection 285 decision of Regulator not to give a replacement permit for a\nwork and rest hours exemption (permit)\nsection 343 decision of Regulator not to grant an electronic recording\nsystem approval\nsection 343 decision of Regulator to impose on an electronic recording\nsystem approval a condition not sought by the applicant\nsection 351 decision of Regulator not to make a decision sought in an\napplication for amendment or cancellation of an electronic\nrecording system approval\nsection 352 decision of Regulator to amend or cancel an electronic\nrecording system approval\nsection 363 decision of Regulator not to grant a work diary exemption\n\nsection 363 decision of Regulator to grant a work diary exemption\n(permit) for a period less than the period of not more than 3\nyears sought by the applicant\nsection 366 decision of Regulator to impose on a work diary exemption\n(permit) a condition not sought by the applicant\nsection 370 decision of Regulator not to make a decision sought in an\napplication for the amendment or cancellation of a work\nsection 371 decision of Regulator to amend or cancel a work diary\nsection 374 decision of Regulator not to give a replacement permit for\nwork diary exemption (permit)\nsection 379 decision of Regulator to impose a condition on a fatigue\nrecord keeping exemption (notice)\nsection 383 decision of Regulator to grant a fatigue record keeping\nexemption (permit) in a way that does not cover all the\ndrivers sought by the applicant\nsection 383 decision of Regulator to grant a fatigue record keeping\nexemption (permit) setting conditions different from those\nsection 385 decision of Regulator to impose a condition on a fatigue\nrecord keeping exemption (permit)\nsection 387 decision of Regulator to give a fatigue record keeping\nsection 388 decision of Regulator not to grant a fatigue record keeping\n\nsection 389 decision of Regulator not to make a decision sought in an\napplication for amendment or cancellation of a fatigue\nrecord keeping exemption (permit)\nsection 390 decision of Regulator to amend or cancel a fatigue record\nkeeping exemption (permit)\nsection 393 decision of Regulator not to give a replacement fatigue\nrecord keeping exemption permit\nsection 458 decision of Regulator not to grant a heavy vehicle\nsection 458 decision of Regulator to grant a heavy vehicle accreditation\nfor a period less than the period of not more than 3 years\nsection 458 decision of Regulator to grant an AFM accreditation setting\nmaximum work times and minimum rest times different to\nthe maximum work times and minimum rest times sought\nby the applicant\nsection 462(2) decision of Regulator to impose on a heavy vehicle\naccreditation a condition not sought by the applicant\nsection 472 decision of Regulator not to make a decision sought in an\napplication for amendment or cancellation of a heavy\nsection 473 decision of Regulator to amend, suspend or cancel a heavy\nsection 474 decision of Regulator to immediately suspend a heavy\nsection 477 decision of Regulator not to give a replacement\naccreditation certificate\n\nsection 561 decision of Regulator that a thing or sample is forfeited to\nthe Regulator\n\nDecisions of authorised officers Part 2\n","sortOrder":751},{"sectionNumber":"Part 2","sectionType":"part","heading":"Decisions of authorised officers","content":"Part 2 Decisions of authorised officers\nsection 572 decision of an authorised officer who is not a police officer\nto give a person an improvement notice\nsections 572 and 574 decision of an authorised officer who is not a police officer\nto amend an improvement notice given to a person\nsection 576A decision of an authorised officer who is not a police officer\nto give a person a prohibition notice\ndecision of an authorised officer who is not a police officer\nto amend a prohibition notice given to a person\nsection 576A Note—\nSection 23 of Schedule 1 allows for the amendment of a\nprohibition notice.\n\nPart 3 Decisions of relevant road managers\nPart 3 Decisions of relevant road\nmanagers\nsection 156A decision of a relevant road manager for a mass or\ndimension authority, that is a public authority, not to\nconsent to the grant of the authority\nsection 160 decision of a relevant road manager for a mass or\ndimension authority, that is a public authority, to consent to\nthe grant of the authority subject to a condition that a road\ncondition be imposed on the authority\nsection 161 decision of a relevant road manager for a mass or\ndimension authority, that is a public authority, to consent to\nthe grant of the authority subject to a condition that a travel\ncondition be imposed on the authority\nsection 174 decision of a relevant road manager for a mass or\ndimension authority (granted by Commonwealth Gazette\nnotice), that is a public authority, to request the authority be\namended or cancelled\nsection 178 decision of a relevant road manager for a mass or\ndimension authority (granted by giving a person a permit),\nthat is a public authority, to request the authority be\namended or cancelled\n\nsections 636, 637 and 638\nThe provisions specified in column 2 of the following table are\nspecified for the purposes of sections 636(1), 637(4) and 638(4).\nLaw\n26E 26E(1), 26E(2)\n60 60(1)\n79 79(2)\n81 81(1), 81(2), 81(3)\n85 85(2)\n87A 87A(1)\n89 89(1)\n93 93(1), 93(2), 93(3)\n129 129(1), 129(2), 129(3)\n130 130(3)\n137 137\n150 150(1)\n153A 153A(1)\n181 181(3)\n185 185(1), 185(2)\n186 186(2), 186(3), 186(4), 186(5)\n187 187(2), 187(3)\n190 190(1)\n191 191(1), 191(3)\n\nLaw\n193 193(2)\n264 264(2)\n284 284(2)\n286 286(1)\n310 310(2)\n311 311(2)\n312 312(2)\n313 313(2), 313(3)\n314 314(3)\n315 315(1)\n319 319(1)\n321 321(1), 321(3)\n322 322(4)\n323 323(3)\n324 324(2)\n324A 324A(2)\n327 327\n328 328\n329 329\n330 330(1)\n331 331\n332 332\n335 335(1)\n336 336(1)\n336A 336A(1)\n\nLaw\n337 337(2)\n341 341(1), 341(2), 341(3), 341(5)\n347 347\n354 354(3), 354(5)\n355 355(2), 355(4), 355(6)\n373 373(2)\n375 375\n396 396(2)\n398 398(2)\n399 399(2)\n404 404(1), 404(4)\n405 405(1)\n406 406(1), 406(2)\n417 417\n422 422(2)\n423 423(1)\n424 424(1), 424(3)\n451 451\n452 452\n453 453(1), 453(2)\n454 454(1), 454(2)\n467 467\n470 470(2), 470(3), 470(4), 470(5), 470(6)\n471 471(2)\n476 476(2)\n\nLaw\n478 478(1), 478(2), 478(3), 478(4)\n514 514(3)\n516 516(3)\n517 517(4)\n528 528(3)\n529 529\n533 533(7)\n534 534(5)\n535 535(5)\n553 553(3)\n558 558(1), 558(3)\n559 559(3), 559(4), 559(5)\n567 567(4)\n568 568(7)\n569 569(2), 569(7)\n570 570(3)\n570A 570A(5)\n573 573(1)\n576C 576C\n577 577(4)\n590B 590B(2)\n604 604\n610 610\n699 699(1), 699(2)\n700 700(4)\n\nLaw\n702 702(1), 702(3)\n703 703(1), 703(2)\n704 704(1), 704(2), 704(3)\n728 728(1)\n728A 728A(1)\n729 729(1), 729(3)\n729A 729A(1), 729A(2)\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history.\nUncommenced amending laws and expiries are listed in the legislation history and\nthe amendment history. These details are underlined. Uncommenced provisions\nand amendments are not included in the republished law but are set out in the last\nendnote.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nLegislation history 3\n3 Legislation history\nHeavy Vehicle National Law (ACT) (comprising Heavy Vehicle\nNational Law Act 2012 A2012-21 (Qld) sch (as amended by A2013-4\n(Qld) and applied in the ACT by the Heavy Vehicle National Law\n(ACT) Act 2013 A2013-51)\ndate of assent 29 August 2012\npts 1-4 commenced 12 October 2012 (SL2012-175 (Qld))\norig Law chs 1, 12, 13 pt 13.4, 14, sch 1 commenced 12 October 2012\n(SL2012-175 (Qld))\nremaining provisions of orig Law never proclaimed into force and om\nby A2013-4 (Qld), s 12\npres Law pts 1.1-1.3, ch 12, ss 705 and 707, pts 13.4-13.6, pt 14.1,\ns 755, sch 1 commenced 26 February 2013 (see s 2A (1) as ins by\nA2013-4 (Qld), s 4)\nprev Law ch 2 never proclaimed into force and om A2018-10 s 17 (Qld)\npres Law s 84 commenced 1 July 2018 (see the Heavy Vehicle\nNational Law Act 2012 (Qld) s 2 (1)-(2))\nremaining provisions of pres Law commenced 10 February 2014\nimmediately after the commencement of the Transport and Other\nLegislation (Heavy Vehicle National Law) Amendment Act 2013, pt 2\n(SL2014-5 (Qld))\nNote Acts Interpretation Act 1954 (Qld) s 15DA does not apply (see\nHeavy Vehicle National Law Act 2012 (Qld), s 2 (3))\nas applied and as modified by\nHeavy Vehicle National Law (ACT) Act 2013 A2013-51 (as am by\nA2018-42 sch 3 pt 3.18, A2022-5 pt 2)\nnotified LR 9 December 2013\ns 1, s 2 commenced 9 December 2013 (LA s 75 (1))\ns 32 om before commenced by A2018-42 amdt 3.58\nss 34, 36, 38, 40 commenced 1 July 2019 (s 2 and CN2019-12)\nremainder commenced 10 February 2014 (s 2 and CN2014-2)\n\n3 Legislation history\nas amended by\nTransport and Other Legislation Amendment Act 2014 A2014-43 (Qld)\npt 3\ndate of assent 5 September 2014\npt 3 commenced 29 September 2014 (SL2014-217 (Qld))\nHeavy Vehicle National Law Amendment Act 2015 A2015-12 (Qld)\ndate of assent 24 September 2015\nss 1–2 commenced on date of assent\nremaining provisions commenced 6 February 2016 (SL2015-186 (Qld))\n","sortOrder":752},{"sectionNumber":"2016","sectionType":"section","heading":"A2016-65 (Qld)","content":"2016 A2016-65 (Qld)\ndate of assent 9 December 2016\nss 1-2, ch 4 commenced on date of assent\nch 2 (other than ss 11, 12) commenced 1 October 2018 (SL2018-142\n(Qld)) (postponed commencement 10 December 2018 (automatic\ncommencement under AIA s 15DA (2) (SL2017-217 (Qld)))\nss 11, 12 commenced 1 October 2018 (SL2018-142 (Qld)) (postponed\ncommencement 10 December 2018 (automatic commencement under\nAIA s 15DA (2) (SL2017-217 (Qld))) (amdts could not be given effect)\nch 3 commenced 1 July 2017 (SL2017-102 (Qld))\n","sortOrder":753},{"sectionNumber":"2018","sectionType":"section","heading":"A2018-10 (Qld) pt 4","content":"2018 A2018-10 (Qld) pt 4\ndate of assent 18 June 2018\nss 12-15, 17-18, 24-31, 35-41 commenced 1 July 2018 (see s 2 (2))\nss 16, 32-34, 43 commenced 1 October 2018 immediately after the\ncommencement of the Heavy Vehicle National Law and Other\nLegislation Amendment Act 2016 (A2016-65 (Qld)), s 10 (see s 2 (1))\nss 19-23, 42 commenced 1 October 2018 (SL2018-143 (Qld))\nHeavy Vehicle National Law Amendment Act 2018 A2018-18 (Qld)\ndate of assent 11 September 2018\npt 2 commenced on date of assent\npt 3, sch 1 (amdt of Heavy Vehicle National Law) commenced\n1 October 2018, immediately after the commencement of the Heavy\nVehicle National Law and Other Legislation Amendment Act 2018\nA2018-10 (Qld), s 16 (see s 2)\n\nLegislation history 3\nStatute Law Amendment Act 2018 A2018-42 sch 3 pt 3.18\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 3 pt 3.18 taken to have commenced 1 July 2018 (s 2 (2))\nNote This Act only amends the Heavy Vehicle National Law (ACT)\nAct 2013 A2013-51.\n","sortOrder":754},{"sectionNumber":"2019","sectionType":"section","heading":"A2019-29 (Qld) pt 2 div 1, pt 3","content":"2019 A2019-29 (Qld) pt 2 div 1, pt 3\ndate of assent 26 September 2019\npt 2 div 1 commenced 1 July 2021 (s 2 (1) and see Road Vehicle\nStandards Act 2018 (Cwlth), s 15)\ns 10, s 11 commenced 27 September 2021 (see s 2 (2) and\nSL2020-135 (Qld))\npt 3 remainder commenced 28 February 2020 (s (2) and\nSL2020-18 (Qld))\nRoad Transport Legislation Amendment Act 2022 (No 2) A2022-5 pt 2\nnotified LR 13 April 2022\ns 1, s 2 commenced 13 April 2022 (LA s 75 (1))\npt 2 commenced 27 April 2022 (s 2 (1))\nNote This Act only amends the Heavy Vehicle National Law (ACT)\nAct 2013 A2013-51.\nTransport and Other Legislation Amendment Act 2024 A2024-2 (Qld)\npt 3A\ndate of assent 19 February 2024\nss 1-2, pt 3A commenced on date of assent\n\nRegulatory framework to achieve object\ns 4 mod A2013-51 mod 1.12, mod 1.13 (mod om A2018-42\nam A2018-10 (Qld) s 13\nDefinitions\ns 5 def advice purposes ins A2019-29 (Qld) s 7\ndef ADR sub A2019-29 (Qld) s 4\ndef AFM accreditation am A2015-12 (Qld) s 4\ndef B-triple ins A2015-12 (Qld) s 4\ndef BFM accreditation am A2015-12 (Qld) s 4\ndef business practices ins A2016-65 (Qld) s 7\ndef commercial consignor om A2016-65 (Qld) s 7\ndef complaint ins A2016-65 (Qld) s 7\ndef component am A2015-12 (Qld) s 4\ndef conditionally registered om A2018-10 (Qld) s 14\ndef consign and consignor am A2016-65 (Qld) s 7\ndef container weight declaration am A2018-18 (Qld) s 6\ndef contract ins A2016-65 (Qld) s 7\ndef corresponding registration law ins as mod A2013-51\nmod 1.14 (mod om A2018-42 amdt 3.61)\ndef database of heavy vehicles ins A2018-10 (Qld) s 14\ndef driver fatigue compliance function ins A2015-12 (Qld)\ns 4\ndef driver fatigue compliance function ins A2015-12 (Qld)\ns 4\ndef electronic work diary authorised use ins A2015-12 (Qld)\ns 4\ndef electronic work diary information ins A2015-12 (Qld) s 4\ndef electronic work diary label om A2015-12 (Qld) s 4\ndef electronic work diary protected information ins\nA2015-12 (Qld) s 4\ndef encourage ins A2016-65 (Qld) s 7\ndef entity am A2016-65 (Qld) s 7\ndef extract am A2018-18 (Qld) s 6\ndef false or misleading ins A2016-65 (Qld) s 7\ndef GCM sub as mod A2013-51 mod 1.15 (mod om A2018-42\nam A2018-10 (Qld) s 14\ndef GVM sub as mod A2013-51 mod 1.16 (mod om A2018-42\nam A2018-10 (Qld) s 14\ndef identification plate sub A2019-29 (Qld) s 4\ndef indictable offence ins A2016-65 (Qld) s 7\ndef information ins A2016-65 (Qld) s 7\nam A2018-18 (Qld) s 6\n\ndef insurer om A2018-10 (Qld) s 14\ndef intelligent access agreement om A2016-65 (Qld) s 139\ndef intelligent access audit om A2016-65 (Qld) s 139\ndef intelligent access auditor om A2016-65 (Qld) s 139\ndef intelligent access conditions om A2016-65 (Qld) s 139\ndef intelligent access information om A2016-65 (Qld) s 139\ndef intelligent access program agreement ins A2016-65\ndef intelligent access program audit ins A2016-65 (Qld)\ndef intelligent access program auditor ins A2016-65 (Qld)\ndef intelligent access program conditions ins A2016-65\ndef intelligent access program information ins A2016-65\ndef intelligent access program reporting entity ins\ndef intelligent access program service provider ins\ndef intelligent access program service providers ins\ndef intelligent access program vehicle ins A2016-65 (Qld)\ndef intelligent access reporting entity om A2016-65 (Qld)\ndef intelligent access service provider om A2016-65 (Qld)\ndef intelligent access service providers om A2016-65 (Qld)\ndef intelligent access vehicle om A2016-65 (Qld) s 139\ndef journey documentation am A2018-18 (Qld) s 6\ndef loading manager sub A2016-65 (Qld) s 7\ndef maintenance management accreditation am A2015-12\n(Qld) s 4\ndef major defect notice sub A2019-29 (Qld) s 7\ndef management member ins A2016-65 (Qld) s 7\ndef mass management accreditation am A2015-12 (Qld) s 4\ndef minor defect notice sub A2019-29 (Qld) s 7\ndef mistake of fact defence om A2016-65 (Qld) s 7\ndef modification ins A2015-12 (Qld) s 4\ndef Motor Vehicle Standards Act 1989 ins A2019-29 (Qld)\ns 4\ndef notice sub A2018-18 (Qld) s 6\ndef party in the chain of responsibility sub A2016-65 (Qld)\ns 7\ndef previous corresponding law mod A2013-51 mod 1.1\n\ndef prohibition notice ins A2018-18 (Qld) s 6\ndef promisee ins A2016-65 (Qld) s 7\ndef public notice ins A2016-65 (Qld) s 117\ndef public risk ins A2016-65 (Qld) s 7\ndef reasonable steps defence om A2016-65 (Qld) s 7\ndef reasonably practicable ins A2016-65 (Qld) s 7\ndef record keeper am A2016-65 (Qld) s 7\ndef registered operator sub A2018-10 (Qld) s 14\ndef registration sub as mod A2013-51 mod 1.17 (mod om\ndef registration authority ins A2015-12 (Qld) s 4\ndef registration exemption om A2018-10 (Qld) s 14\ndef registration item sub A2018-10 (Qld) s 14\nam A2018-18 (Qld) s 6\ndef registration number sub as mod A2013-51 mod 1.18\n(mod om A2018-42 amdt 3.61)\ndef regular loading or unloading premises am A2016-65\n(Qld) s 7\ndef self-clearing defect notice ins A2019-29 (Qld) s 7\ndef residence ins A2015-12 (Qld) s 4\ndef road train am A2015-12 (Qld) s 4\ndef Road Vehicle Standards Act 2018 ins A2019-29 (Qld) s 4\ndef safer freight vehicle ins A2024-2 (Qld) s 8B\ndef safety duty reloc from s 26D by A2018-18 (Qld) s 9\ndef second edition ADR ins A2019-29 (Qld) s 4\ndef tamper am A2015-12 (Qld) s 4\ndef transport activities ins A2016-65 (Qld) s 7\ndef transport documentation am A2018-18 (Qld) s 6\ndef third edition ADR ins A2019-29 (Qld) s 4\ndef unincorporated body ins A2016-65 (Qld) s 7\ndef unregistered heavy vehicle permit sub as mod\nA2013–51 mod 1.19 (mod om A2018-42 amdt 3.61)\ndef vehicle defect notice sub A2019-29 (Qld) s 7\ndef vehicle identifier ins A2015-12 (Qld) s 4\ndef vehicle register sub as mod A2013-51 mod 1.20 (mod om\ndef vehicle registration duty om A2018-10 (Qld) s 14\ndef vehicle registration duty legislation om A2018-10 (Qld)\ns 14\ndef VIN sub A2019-29 (Qld) s 4\n\ndef wrecked om as mod A2013-51 mod 1.21 (mod om\ndef written-off om as mod A2013-51 mod 1.21 (mod om\nMeaning of heavy vehicle\ns 6 am A2018-10 (Qld) s 15\nReferences to particular ADR versions\ns 14 om A2016-65 (Qld) s 8\nins A2019-29 (Qld) s 5\nRelationship with primary work health and safety laws\ns 18 am A2016-65 (Qld) s 9\nApplication for PBS vehicle approval\ns 23 am A2018-18 (Qld) s 7\nKeeping copy of PBS vehicle approval while driving\ns 25A ins A2018-18 (Qld) s 8\nSafety duties\nch 1A hdg ins A2016-65 (Qld) s 10\nPrinciples\npt 1A.1 hdg ins A2016-65 (Qld) s 10\nPrinciple of shared responsibility\ns 26A ins A2016-65 (Qld) s 10\nPrinciples applying to duties\ns 26B ins A2016-65 (Qld) s 10\nNature of duty\npt 1A.2 hdg ins A2016-65 (Qld) s 10\nPrimary duty\ns 26C ins A2016-65 (Qld) s 10\nDuty of executive of legal entity\ns 26D ins A2016-65 (Qld) s 10\nam A2018-10 (Qld) s 16; A2018-18 (Qld) s 9\nProhibited requests and contracts\ns 26E ins A2016-65 (Qld) s 10\nFailing to comply with duty\npt 1A.3 hdg ins A2016-65 (Qld) s 10\nCategory 1 offence\ns 26F ins A2016-65 (Qld) s 10\n\nCategory 2 offence\ns 26G ins A2016-65 (Qld) s 10\nCategory 3 offence\ns 26H ins A2016-65 (Qld) s 10\nRegistration\nch 2 hdg never commenced and om A2018-10 (Qld) s 17\npt 2.1 hdg never commenced and om A2018-10 (Qld) s 17\nMain purpose of Ch 2\ns 27 never commenced and om A2018-10 (Qld) s 17\nRegistration scheme\npt 2.2 hdg never commenced and om A2018-10 (Qld) s 17\ndiv 1 hdg never commenced and om A2018-10 (Qld) s 17\nScheme for registration of heavy vehicles\ns 28 never commenced and om A2018-10 (Qld) s 17\nRegistration not evidence of title\ns 29 never commenced and om A2018-10 (Qld) s 17\nRequirement for heavy vehicle to be registered\ndiv 2 hdg never commenced and om A2018-10 (Qld) s 17\nRegistration requirement\ns 30 never commenced and om A2018-10 (Qld) s 17\nAuthorised use of unregistered heavy vehicle\ndiv 3 hdg never commenced and om A2018-10 (Qld) s 17\nPurpose of Div 3\ns 31 never commenced and om A2018-10 (Qld) s 17\nUnregistered heavy vehicle on journey for obtaining registration\ns 32 never commenced and om A2018-10 (Qld) s 17\nUnregistered heavy vehicle temporarily in Australia\ns 33 never commenced and om A2018-10 (Qld) s 17\nUnregistered heavy vehicle used for short term only\ns 34 never commenced and om A2018-10 (Qld) s 17\nUnregistered heavy vehicle used locally only\ns 35 never commenced and om A2018-10 (Qld) s 17\nUnregistered heavy vehicle that is an agricultural vehicle\ns 36 never commenced and om A2018-10 (Qld) s 17\n\nUnregistered heavy vehicle being towed\ns 37 never commenced and om A2018-10 (Qld) s 17\nUnregistered heavy vehicle to which exemption under Div 4 applies\ns 38 never commenced and om A2018-10 (Qld) s 17\nDriver to carry proof of compliance with third party insurance legislation\ns 39 never commenced and om A2018-10 (Qld) s 17\nExemption from requirement to be registered\ndiv 4 hdg never commenced and om A2018-10 (Qld) s 17\nExemption by Regulator\nsdiv 1 hdg never commenced and om A2018-10 (Qld) s 17\nRegulator’s power to exempt category of heavy vehicles from requirement to\nbe registered\ns 40 never commenced and om A2018-10 (Qld) s 17\nRestriction on grant of registration exemption\ns 41 never commenced and om A2018-10 (Qld) s 17\nConditions of registration exemption\ns 42 never commenced and om A2018-10 (Qld) s 17\nPeriod for which registration exemption applies\ns 43 never commenced and om A2018-10 (Qld) s 17\nRequirements about Commonwealth Gazette notice\ns 44 never commenced and om A2018-10 (Qld) s 17\nAmendment or cancellation of registration exemption\ns 45 am A2016-65 (Qld) s 118\nnever commenced and om A2018-10 (Qld) s 17\ns 46 am A2016-65 (Qld) s 119\nnever commenced and om A2018-10 (Qld) s 17\nExemption by national regulations\nsdiv 2 hdg never commenced and om A2018-10 (Qld) s 17\nNational regulations exempting heavy vehicles from requirement\nto be registered\ns 47 never commenced and om A2018-10 (Qld) s 17\nVehicle register\npt 2.3 hdg never commenced and om A2018-10 (Qld) s 17\nVehicle register\ns 48 never commenced and om A2018-10 (Qld) s 17\nOther provisions relating to registration\npt 2.4 hdg never commenced and om A2018-10 (Qld) s 17\n\nOwnership of registration items\ns 49 never commenced and om A2018-10 (Qld) s 17\nObtaining registration or registration items by false statements etc.\ns 50 never commenced and om A2018-10 (Qld) s 17\nReplacement and recovery of certain registration items\ns 51 never commenced and om A2018-10 (Qld) s 17\nVerification of particular records\ns 52 never commenced and om A2018-10 (Qld) s 17\nWritten-off and wrecked heavy vehicles\npt 2.5 hdg never commenced and om A2018-10 (Qld) s 17\nPurpose of Pt 2.5\ns 53 never commenced and om A2018-10 (Qld) s 17\nDefinitions for Pt 2.5\ns 54 never commenced and om A2018-10 (Qld) s 17\nWritten-off and wrecked heavy vehicles register\ns 55 never commenced and om A2018-10 (Qld) s 17\nOther provisions\npt 2.6 hdg never commenced and om A2018-10 (Qld) s 17\nRegulator may specify GCM in particular circumstances\ns 56 never commenced and om A2018-10 (Qld) s 17\nRegulator may specify GVM in particular circumstances\ns 57 never commenced and om A2018-10 (Qld) s 17\nCompliance with heavy vehicle standards\ns 60 mod A2013-51 mod 1.22 (mod om A2018-42 amdt 3.61)\nam A2018-10 (Qld) s 18\nAmendment or cancellation of vehicle standards exemption (notice)\ns 66 am A2016-65 (Qld) s 120\nImmediate suspension on Regulator’s initiative\ns 67 am A2016-65 (Qld) s 121\nPermit for vehicle standards exemption (permit) etc.\ns 73 am A2019-29 (Qld) s 8\nContravening condition of vehicle standards exemption\ns 81 am A2015-12 (Qld) s 67\nKeeping relevant document while driving under vehicle standards\ns 82 am A2016-65 (Qld) s 13\n\nKeeping copy of permit while driving under vehicle standards\ns 83 am A2016-65 (Qld) s 14\nDefinition for Pt 3.3\ns 84 sub A2015-12 (Qld) s 5\ndef modification sub A2015-12 (Qld) s 5\nam A2019-29 (Qld) s 6\nModifying heavy vehicle requires approval\ns 85 am A2015-12 (Qld) s 6; A2019-29 (Qld) s 9\nPerson must not tamper with plate or label\ns 87A ins A2015-12 (Qld) s 7\nPerson must not tamper with emission control system fitted to heavy vehicle\ns 91 am A2016-65 (Qld) s 15\nPerson must not tamper with speed limiter fitted to heavy vehicle\ns 93 am A2016-65 (Qld) s 16\nMain purposes of Ch 4\ns 94 am A2015-12 (Qld) s 8\nPrescribed mass requirements\ns 95 am A2018-18 (Qld) s 10\nCompliance with mass requirements\ns 96 am A2016-65 (Qld) s 17; A2018-18 (Qld) s 11; A2019-29 s 10\nCompliance with dimension requirements\ns 102 am A2016-65 (Qld) s 18; A2019-29 s 11\nMinor risk breach\ns 105 am A2018-10 (Qld) s 19\nCompliance with loading requirements\ns 111 am A2016-65 (Qld) s 19\nProof of contravention of loading requirement\ns 115 sub A2018-18 (Qld) s 12\nClass 1 heavy vehicles and class 3 heavy vehicles\ns 116 am A2018-10 (Qld) s 20\nConditions of mass or dimension exemption (notice)\ns 119 am A2015-12 (Qld) s 9; A2016-65 (Qld) s 139\nProcess for amending a stated map or stated list\ns 119A ins A2015-12 (Qld) s 10\nConditions of mass or dimension exemption (permit)\ns 125 am A2016-65 (Qld) s 139\n\nPermit for mass or dimension exemption (permit) etc.\ns 127 am A2019-29 (Qld) s 12\nContravening condition of mass or dimension exemption relating to pilot or\nescort vehicle\ns 130 am A2016-65 (Qld) s 20\nKeeping relevant document while driving under mass or\ndimension exemption (notice)\ns 132 am A2016-65 (Qld) s 21\nKeeping copy of permit while driving under mass or dimension exemption\ns 133 am A2016-65 (Qld) s 22\nClass 2 heavy vehicles\ns 136 am A2018-18 (Qld) s 13\nConditions of class 2 heavy vehicle authorisation (notice)\ns 140 sub A2015-12 (Qld) s 11\nRequirements about Commonwealth Gazette notice etc.\ns 142 am A2015-12 (Qld) s 12\nProcess for amending stated map or stated list\ns 142A ins A2015-12 (Qld) s 13\nConditions of class 2 heavy vehicle authorisation (permit)\ns 146 am A2016-65 (Qld) s 139\nPermit for class 2 heavy vehicle authorisation (permit) etc.\ns 148 am A2019-29 (Qld) s 13\nKeeping relevant document while driving under class 2 heavy\nvehicle authorisation (notice)\ns 151 am A2016-65 (Qld) s 23\nKeeping copy of permit while driving under class 2 heavy vehicle\ns 152 am A2016-65 (Qld) s 24\nKeeping copy of PBS vehicle approval while driving under class\n2 heavy vehicle authorisation\ns 153 am A2016-65 (Qld) s 25\nom A2018-18 (Qld) s 14\nRestricted access vehicles\npt 4.6A hdg ins A2015-12 (Qld) s 14\nUsing restricted access vehicle\ns 153A ins A2015-12 (Qld) s 14\nam A2018-18 (Qld) s 15; A2019-29 (Qld) s 14; A2024-2 (Qld)\ns 8C\n\nDefinitions for Pt 4.7\ns 154 def road condition am A2016-65 (Qld) s 139\nPeriod within which road manager must decide\ns 156 sub A2018-18 (Qld) s 16\nDeciding request for consent generally\ns 156A ins A2018-18 (Qld) s 16\nInformation notice for imposition of road conditions requested by road\ns 164 om A2019-29 (Qld) s 15\nInformation notice for imposition of travel conditions requested by road\ns 165 om A2019-29 (Qld) s 15\nRequirements for statement explaining adverse decision of road manager\ns 172 am A2018-18 (Qld) s 17; A2019-29 (Qld) s 16\nAmendment or cancellation on Regulator’s initiative\ns 173 am A2016-65 (Qld) s 122\nAmendment or cancellation on request by relevant road manager\ns 174 am A2016-65 (Qld) s 123\ns 175 am A2016-65 (Qld) s 124\nMinor amendment\ns 175A ins A2016-65 (Qld) s 125\nAmendment or cancellation on application by permit holder\ns 176 am A2016-65 (Qld) s 126\nMinor amendment of permit for a mass or dimension authority\ns 180 am A2016-65 (Qld) s 127\npt 4.8 hdg om A2016-65 (Qld) s 26\nLiability of employer etc. for contravention of mass, dimension or\ns 183 om A2016-65 (Qld) s 26\nFalse or misleading transport documentation for goods\ns 186 am A2016-65 (Qld) s 27\nFalse or misleading information in container weight declaration\ns 187 am A2016-65 (Qld) s 28\nMeaning of complying container weight declaration\ns 189 am A2015-12 (Qld) s 15\n\nDuty of responsible entity\ns 190 am A2015-12 (Qld) s 16; A2016-65 (Qld) s 29\nDuty of operator\ns 191 am A2015-12 (Qld) s 17; A2016-65 (Qld) s 30\nDuty of driver\ns 192 am A2015-12 (Qld) s 18; A2016-65 (Qld) s 31\nForm of information in container weight declaration\ns 192A ins A2015-12 (Qld) s 19\nam A2018-10 (Qld) s 21\nWeight of freight container exceeding weight stated on container or safety\napproval plate\ns 193 am A2016-65 (Qld) s 32\nConduct of consignee resulting or potentially resulting in contravention of\nmass, dimension or loading requirement\ns 194 om A2016-65 (Qld) s 33\nRecovery of losses for provision of inaccurate container weight declaration\ns 199 am A2016-65 (Qld) s 34\nVehicle operations—speeding\nch 5 hdg om A2016-65 (Qld) s 35\npt 5.1 hdg om A2016-65 (Qld) s 35\nMain purpose of Ch 5\ns 202 om A2016-65 (Qld) s 35\nOutline of the main features of Ch 5\ns 203 om A2016-65 (Qld) s 35\nParticular duties and offences\npt 5.2 hdg om A2016-65 (Qld) s 35\nEmployers, prime contractors and operators\npt 5.2 div 1 hdg om A2016-65 (Qld) s 35\nDuty of employer, prime contractor or operator to ensure business practices\nwill not cause driver to exceed speed limit\ns 204 om A2016-65 (Qld) s 35\nDuty of employer not to cause driver to drive if particular requirements not\ncomplied with\ns 205 om A2016-65 (Qld) s 35\nDuty of prime contractor or operator not to cause driver to drive if particular\nrequirements not complied with\ns 206 om A2016-65 (Qld) s 35\n\nSchedulers\npt 5.2 div 2 hdg om A2016-65 (Qld) s 35\nDuty to ensure driver’s schedule will not cause driver to exceed speed limit\ns 207 om A2016-65 (Qld) s 35\ns 208 am A2015-12 (Qld) s 67\nom A2016-65 (Qld) s 35\nLoading managers\npt 5.2 div 3 hdg om A2016-65 (Qld) s 35\nDuty to ensure loading arrangements will not cause driver to exceed speed\nlimit\ns 209 om A2016-65 (Qld) s 35\nParticular consignors and consignees\npt 5.2 div 4 hdg om A2016-65 (Qld) s 35\nConsignors to whom Div 4 applies\ns 210 om A2016-65 (Qld) s 35\nConsignees to whom Div 4 applies\ns 211 om A2016-65 (Qld) s 35\nDuty to ensure terms of consignment will not cause driver to exceed speed\nlimit etc.\ns 212 om A2016-65 (Qld) s 35\nDuty not to make a demand that may result in driver exceeding the speed\nlimit\ns 213 am A2015-12 (Qld) s 67\nom A2016-65 (Qld) s 35\nParticular requests etc. and contracts etc. prohibited\npt 5.2 div 5 hdg om A2016-65 (Qld) s 35\nWho is a party in the chain of responsibility\ns 214 om A2016-65 (Qld) s 35\nParticular requests etc. prohibited\ns 215 om A2016-65 (Qld) s 35\nParticular contracts etc. prohibited\ns 216 om A2016-65 (Qld) s 35\nProvisions about offences against this Part\npt 5.2 div 6 hdg om A2016-65 (Qld) s 35\nObjective reasonableness test to be used in deciding causation\ns 217 om A2016-65 (Qld) s 35\n\nCommission of speeding offence is irrelevant to Pt 5.2 prosecution\ns 218 om A2016-65 (Qld) s 35\npt 5.3 hdg om A2016-65 (Qld) s 35\nLiability of employer etc. for speeding offence\ns 219 om A2016-65 (Qld) s 35\nDefinitions for Ch 6\ns 221 def electronic work diary sub A2015-12 (Qld) s 20\ndef electronic work diary label om A2015-12 (Qld) s 20\ndef entry am A2015-12 (Qld) s 20\ndef intelligent access program reporting entity ins\ndef intelligent access reporting entity om A2016-65 (Qld)\ndef loading manager am A2016-65 (Qld) s 36\ndef party in the chain of responsibility om A2016-65 (Qld)\ns 36\nWho is a party in the chain of responsibility\ns 227 om A2016-65 (Qld) s 37\nDuty to avoid fatigue\npt 6.2 div 2 hdg am A2016-65 (Qld) s 38\nDuty of party in the chain of responsibility to prevent driver\ndriving while fatigued\ns 229 om A2016-65 (Qld) s 39\nAdditional duties of employers, prime contractors and operators\npt 6.2 div 3 hdg om A2016-65 (Qld) s 40\nDuty of employer, prime contractor or operator to ensure business practices\nwill not cause driver to drive while fatigued etc.\ns 230 om A2016-65 (Qld) s 40\nDuty of employer not to cause driver to drive if particular requirements not\ncomplied with\ns 231 om A2016-65 (Qld) s 40\nDuty of prime contractor or operator not to cause driver to drive if particular\nrequirements not complied with\ns 232 om A2016-65 (Qld) s 40\nAdditional duties of schedulers\npt 6.2 div 4 hdg om A2016-65 (Qld) s 40\n\nDuty to ensure driver’s schedule will not cause driver to drive while fatigued\netc.\ns 233 am A2015-12 (Qld) s 67\nom A2016-65 (Qld) s 40\ns 234 om A2016-65 (Qld) s 40\nAdditional duties of consignors and consignees\npt 6.2 div 5 hdg om A2016-65 (Qld) s 40\nDuty to ensure terms of consignment will not cause driver to\ndrive while fatigued etc.\ns 235 om A2016-65 (Qld) s 40\ns 236 om A2016-65 (Qld) s 40\nDuty not to make a demand that may result in driver driving while fatigued\netc.\ns 237 om A2016-65 (Qld) s 40\nAdditional duties of loading managers\npt 6.2 div 6 hdg om A2016-65 (Qld) s 40\nDuty to ensure loading arrangements will not cause driver to\ndrive while fatigued etc.\ns 238 om A2016-65 (Qld) s 40\nDuty to ensure drivers can rest in particular circumstances\ns 239 om A2016-65 (Qld) s 40\nParticular requests etc. and contracts etc. prohibited\npt 6.2 div 7 hdg om A2016-65 (Qld) s 40\nParticular requests etc. prohibited\ns 240 om A2016-65 (Qld) s 40\nParticular contracts etc. prohibited\ns 241 om A2016-65 (Qld) s 40\nProvisions about offences against this Part\npt 6.2 div 8 hdg om A2016-65 (Qld) s 40\nObjective reasonableness test to be used in deciding causation\ns 242 om A2016-65 (Qld) s 40\nCounting periods of less than 15 minutes-written work diaries\ns 246 hdg am A2015-12 (Qld) s 21\ns 246 am A2015-12 (Qld) s 21\nCounting periods of less than 15 minutes-electronic work diaries\ns 246A ins A2015-12 (Qld) s 22\n\nStandard hours\ns 249 am A2015-12 (Qld) s 23\nOperating under standard hours—solo drivers\ns 250 am A2016-65 (Qld) s 41\nOperating under standard hours—two-up drivers\ns 251 am A2016-65 (Qld) s 42\nBFM hours\ns 253 am A2015-12 (Qld) s 24\nOperating under BFM hours—solo drivers\ns 254 am A2016-65 (Qld) s 43\nOperating under BFM hours—two-up drivers\ns 256 am A2016-65 (Qld) s 44\nOperating under AFM hours\ns 258 am A2016-65 (Qld) s 45\nOperating under exemption hours\ns 260 am A2016-65 (Qld) s 46\npt 6.3 div 6 hdg om A2016-65 (Qld) s 47\nLiability of employer etc. for driver’s contravention of maximum\nwork requirement or minimum rest requirement\ns 261 om A2016-65 (Qld) s 47\nOperating under new work and rest hours option after change\ns 263 am A2016-65 (Qld) s 48\nDuty of employer, prime contractor, operator and scheduler to ensure driver\ncompliance\ns 264 am A2016-65 (Qld) s 49\nAmendment or cancellation of work and rest hours exemption (notice)\ns 271 am A2016-65 (Qld) s 128\ns 272 am A2016-65 (Qld) s 129\nKeeping relevant document while operating under work and rest\nhours exemption (notice)\ns 287 am A2016-65 (Qld) s 50\nKeeping copy of permit while driving under work and rest hours exemption\ns 288 am A2016-65 (Qld) s 51\nMeaning of work diary for Sdiv 1\ns 292 am A2015-12 (Qld) s 25\n\nInformation required to be recorded immediately after starting work\ns 297 am A2015-12 (Qld) s 67\nRecording information in electronic work diary\ns 302 am A2015-12 (Qld) s 26\nDriver must make supplementary records in particular circumstances\ns 305 am A2015-12 (Qld) s 27\nDriver who is record keeper must notify Regulator if electronic diary filled up\netc.\ns 307 hdg am A2015-12 (Qld) s 28\ns 307 am A2015-12 (Qld) s 28\nDriver must notify record keeper if electronic work diary filled up etc.\ns 309 am A2015-12 (Qld) s 67\nIntelligent access program reporting entity must notify record keeper if\napproved electronic recording system malfunctioning\ns 310 hdg am A2016-65 (Qld) s 139\ns 310 am A2016-65 (Qld) s 139\nWhat record keeper must do if electronic work diary filled up\ns 311 am A2015-12 (Qld) s 29; A2016-65 (Qld) s 52\nWhat record keeper must do if electronic work diary destroyed, lost or stolen\ns 312 am A2015-12 (Qld) s 30; A2016-65 (Qld) s 53\nWhat record keeper must do if electronic work diary not in working order or\ns 313 am A2015-12 (Qld) s 31; A2016-65 (Qld) s 54, s 139\nEnsuring driver complies with Sdivs 1–4\ns 315 sub A2016-65 (Qld) s 55\nRecords record keeper must have\ns 319 am A2015-12 (Qld) s 32; A2016-65 (Qld) s 56; A2018-10 (Qld)\ns 22; A2019-29 (Qld) s 17\nGeneral requirements about driver recording and giving information to\nrecord keeper\ns 319A ins A2018-10 (Qld) s 23\nRecords record keeper must have\ns 321 am A2015-12 (Qld) s 33; A2016-65 (Qld) s 57\nGeneral requirements about driver giving information to record keeper\ns 322 am A2015-12 (Qld) s 34; A2016-65 (Qld) s 58\nGeneral requirements about driver giving information to record keeper\ns 323 am A2015-12 (Qld) s 35; A2016-65 (Qld) s 59\n\nRecord keeper must give information from electronic work diary\ns 324 hdg am A2015-12 (Qld) s 36\ns 324 am A2015-12 (Qld) s 36; A2016-65 (Qld) s 60\nRecord keeper must give record to driver if requested\ns 324A ins A2015-12 (Qld) s 37\nFalse or misleading entries\ns 325 am A2016-65 (Qld) s 61\nWhen possessing, or recording information in, more than 1 work diary\nrelating to the same period is prohibited\ns 326 hdg sub A2015-12 (Qld) s 38\nPerson must not tamper with approved electronic recording system\ns 335 am A2016-65 (Qld) s 62\nPerson using approved electronic recording system must not\npermit tampering with it\ns 336 am A2016-65 (Qld) s 63\nReporting tampering or suspected tampering with electronic work diary\ns 336A ins A2015-12 (Qld) s 39\nam A2016-65 (Qld) s 64\nIntelligent access program reporting entity must not permit tampering\nwith approved electronic recording system\ns 337 hdg am A2016-65 (Qld) s 139\ns 337 am A2016-65 (Qld) s 139; A2016-65 (Qld) s 65\nPeriod for which, and way in which, records must be kept\ns 341 am A2015-12 (Qld) s 40; A2016-65 (Qld) s 66\nDeciding application for approval\ns 343 am A2015-12 (Qld) s 41\nSteps after decision to grant approval\ns 344 am A2015-12 (Qld) s 42\nUsing unapproved electronic recording system\nPt 6.4, Div 7,\nSdiv 2 hdg sub A2015-12 (Qld) s 43\nProhibition on using electronic work diary if it is not, and is not a part of, an\napproved electronic recording system\ns 347 sub A2015-12 (Qld) s 43\nParticular label indicates device is an approved electronic recording system\ns 348 om A2015-12 (Qld) s 43\nEffect of electronic work diary label on device\ns 349 om A2015-12 (Qld) s 43\n\nProhibition on using device as electronic work diary if it is not, and is not a\npart of, an approved electronic recording system\ns 350 om A2015-12 (Qld) s 43\nRequirements if approval cancelled\ns 355 am A2015-12 (Qld) s 44\nAmendment or cancellation of work diary exemption (notice)\ns 362 am A2016-65 (Qld) s 130\nKeeping relevant document while operating under work diary\ns 376 am A2016-65 (Qld) s 67\nAmendment or cancellation of fatigue record keeping exemption (notice)\ns 382 am A2016-65 (Qld) s 131\nOwner must maintain odometer\ns 396 am A2016-65 (Qld) s 68\nWhat owner must do if odometer malfunctioning\ns 398 am A2016-65 (Qld) s 69\nWhat employer or operator must do if odometer malfunctioning\ns 399 am A2016-65 (Qld) s 70\nMain purposes of Ch 7\ns 400 am A2016-65 (Qld) s 139\nApplication of Ch 7\ns 402 am A2016-65 (Qld) s 139\nDefinitions for Ch 7\ns 403 def intelligent access agreement om A2016-65 (Qld) s 139\ndef intelligent access audit om A2016-65 (Qld) s 139\ndef intelligent access conditions om A2016-65 (Qld) s 139\ndef intelligent access information om A2016-65 (Qld) s 139\ndef intelligent access program agreement ins A2016-65\ndef intelligent access program audit ins A2016-65 (Qld)\ndef intelligent access program conditions ins A2016-65\ndef intelligent access program information ins A2016-65\ndef intelligent access program service provider ins\ndef intelligent access program vehicle ins A2016-65 (Qld)\ndef intelligent access service provider om A2016-65 (Qld)\ndef intelligent access vehicle om A2016-65 (Qld) s 139\n\nDuties and obligations of operators of intelligent access program vehicles\npt 7.2 hdg am A2016-65 (Qld) s 139\nOffence to give false or misleading information to intelligent access program\nservice provider\ns 404 hdg am A2016-65 (Qld) s 139\ns 404 am A2016-65 (Qld) s 71, s 139\nAdvising vehicle driver of collection of information by intelligent\naccess program service provider\ns 405 hdg am A2016-65 (Qld) s 139\ns 405 am A2016-65 (Qld) s 72, s 139\nReporting system malfunctions to Regulator\ns 406 am A2016-65 (Qld) s 139\nAdvising driver of driver’s obligations about reporting system malfunctions\ns 407 am A2016-65 (Qld) s 73, s 139\nObligations of drivers of intelligent access program vehicles\npt 7.3 hdg am A2016-65 (Qld) s 139\nReporting system malfunctions to operator\ns 408 am A2016-65 (Qld) s 139\npt 7.4 hdg am A2016-65 (Qld) s 139\ns 409 hdg am A2016-65 (Qld) s 139\ns 409 am A2016-65 (Qld) s 139\ns 410 hdg am A2016-65 (Qld) s 139\ns 410 am A2016-65 (Qld) s 74, s 139\nKeeping records of intelligent access program information collected\ns 411 hdg am A2016-65 (Qld) s 139\ns 411 am A2016-65 (Qld) s 139\nProtecting intelligent access program information\ns 412 hdg am A2016-65 (Qld) s 139\ns 412 am A2015-12 (Qld) s 67; A2016-65 (Qld) s 75, s 139;\nMaking individuals aware of personal information held\ns 413 am A2016-65 (Qld) s 139\nGiving individuals access to their personal information\ns 414 am A2016-65 (Qld) s 139\n\nCorrecting errors etc.\ns 415 am A2016-65 (Qld) s 139\ns 416 hdg am A2016-65 (Qld) s 139\ns 416 am A2015-12 (Qld) s 67; A2016-65 (Qld) s 139\nGiving intelligent access program auditor access to records\ns 417 hdg am A2016-65 (Qld) s 139\ns 417 am A2016-65 (Qld) s 139\ns 418 hdg am A2016-65 (Qld) s 139\ns 418 am A2016-65 (Qld) s 139\ns 419 hdg am A2016-65 (Qld) s 139\ns 419 am A2016-65 (Qld) s 139\nKeeping noncompliance report etc.\ns 420 am A2016-65 (Qld) s 139\nDestroying intelligent access program information etc.\ns 421 hdg am A2016-65 (Qld) s 139\ns 421 am A2016-65 (Qld) s 76, s 139; A2018-18 (Qld) sch 1\nReporting relevant contraventions to Regulator\ns 422 am A2016-65 (Qld) s 139\nReporting tampering or suspected tampering with approved\nintelligent transport system\ns 423 am A2016-65 (Qld) s 139\nRestriction on disclosing information about tampering or\nsuspected tampering with approved intelligent transport system\ns 424 am A2016-65 (Qld) s 139\nFunctions of TCA\ns 425 am A2016-65 (Qld) s 139\ns 426 hdg am A2016-65 (Qld) s 139\ns 426 am A2016-65 (Qld) s 139\ns 427 hdg am A2016-65 (Qld) s 139\ns 427 am A2016-65 (Qld) s 77, s 139\n\nProtecting intelligent access program information collected\ns 428 hdg am A2016-65 (Qld) s 139\ns 428 am A2015-12 (Qld) s 67; A2016-65 (Qld) s 78, s 139;\ns 432 hdg am A2016-65 (Qld) s 139\ns 432 am A2015-12 (Qld) s 67; A2016-65 (Qld) s 139\ns 433 hdg am A2016-65 (Qld) s 139\ns 433 am A2016-65 (Qld) s 139\nRestriction about intelligent access program information that may be used\nor disclosed\ns 434 hdg am A2016-65 (Qld) s 139\ns 434 am A2016-65 (Qld) s 139\ns 435 hdg am A2016-65 (Qld) s 139\ns 435 am A2016-65 (Qld) s 139\nDestroying intelligent access program information or removing personal\ninformation from it\ns 437 hdg am A2016-65 (Qld) s 139\ns 437 am A2016-65 (Qld) s 79, s 139; A2018-18 (Qld) sch 1\nPowers, duties and obligations of intelligent access program auditors\npt 7.6 hdg am A2016-65 (Qld) s 139\ns 440 hdg am A2016-65 (Qld) s 139\ns 440 am A2016-65 (Qld) s 139\ns 441 hdg am A2016-65 (Qld) s 139\ns 441 am A2016-65 (Qld) s 80, s 139\nProtecting intelligent access program information collected\ns 442 hdg am A2016-65 (Qld) s 139\ns 442 am A2015-12 (Qld) s 67; A2016-65 (Qld) s 81, s 139;\nMaking individuals aware of personal information held\ns 443 am A2016-65 (Qld) s 139\nGiving individuals access to their personal information\ns 444 am A2016-65 (Qld) s 139\n\nCorrecting errors etc.\ns 445 am A2016-65 (Qld) s 139\ns 446 hdg am A2016-65 (Qld) s 139\ns 446 am A2015-12 (Qld) s 67; A2016-65 (Qld) s 139\ns 447 hdg am A2016-65 (Qld) s 139\ns 447 am A2016-65 (Qld) s 139\nRestriction about intelligent access program information that may be\nused or disclosed\ns 448 hdg am A2016-65 (Qld) s 139\ns 448 am A2016-65 (Qld) s 139\ns 449 hdg am A2016-65 (Qld) s 139\ns 449 am A2016-65 (Qld) s 139\nDestroying intelligent access program information or removing personal\ninformation from it\ns 450 hdg am A2016-65 (Qld) s 139\ns 450 am A2016-65 (Qld) s 82, s 139; A2018-18 (Qld) sch 1\nReporting contraventions by intelligent access program service providers\nto TCA\ns 451 hdg am A2016-65 (Qld) s 139\ns 451 am A2016-65 (Qld) s 139\nReporting tampering or suspected tampering with approved\nintelligent transport system to Regulator or TCA\ns 452 am A2016-65 (Qld) s 139\nRestriction on disclosing information about tampering or\nsuspected tampering with approved intelligent transport system\ns 453 am A2016-65 (Qld) s 139\nOffence to tamper with approved intelligent transport system\ns 454 am A2016-65 (Qld) s 139\nRegulator may issue intelligent access program identifiers\ns 455 hdg am A2016-65 (Qld) s 139\ns 455 am A2016-65 (Qld) s 139\nDefinitions for Ch 8\ns 457 def mass management system am A2016-65 (Qld) s 132\n\nRegulator’s power to grant heavy vehicle accreditation\ns 458 mod A2013-51 mod 1.23\nsub A2015-12 (Qld) s 45\nApplication for heavy vehicle accreditation\ns 459 am A2016-65 (Qld) s 83\nPeriod for which heavy vehicle accreditation applies\ns 463 am A2015-12 (Qld) s 46\nAccreditation labels for maintenance management accreditation and mass\nmanagement accreditation\ns 466 am A2016-65 (Qld) s 133\nDriver operating under BFM accreditation or AFM accreditation must carry\naccreditation details\ns 468 hdg am A2014-43 (Qld) s 6\ns 468 am A2014-43 (Qld) s 6; A2016-65 (Qld) s 84\nDriver must return particular documents if stops operating under BFM\naccreditation or AFM accreditation etc.\ns 469 hdg am A2014-43 (Qld) s 7\ns 469 am A2014-43 (Qld) s 7\nGeneral requirements applying to operator with heavy vehicle accreditation\ns 470 am A2014-43 (Qld) s 8\nFunctions of authorised officers\ns 479 am A2019-29 (Qld) s 18\nReturn of identity card\ns 488 am A2015-12 (Qld) s 67\nReference to document includes reference to reproduction from electronic\ndocument\ns 490 am A2018-18 (Qld) s 18\nDefinitions for Pt 9.2\ns 494 def relevant place sub A2015-12 (Qld) s 47\nEntry of relevant places for advice purposes\npt 9.2 div 1A hdg ins A2019-29 (Qld) s 19\nNon-application to police officers\ns 494A ins A2019-29 (Qld) s 19\nPower to enter relevant place\ns 494B ins A2019-29 (Qld) s 19\nPower after entering relevant place\ns 494C ins A2019-29 (Qld) s 19\nPower to enter relevant place\ns 495 am A2015-12 (Qld) s 48\n\nGeneral powers after entering relevant place\ns 496 am A2019-29 (Qld) s 20\nGeneral power to enter places\ns 497 am A2015-12 (Qld) s 49\nGeneral powers after entering a place\ns 500 am A2019-29 (Qld) s 21\nApplication of Div 4\ns 501 am A2019-29 (Qld) s 22\nMoving unattended heavy vehicle on road to exercise another power\ns 518 am A2016-65 (Qld) s 85\nPower to enter and inspect heavy vehicles for monitoring purposes\ns 520 mod A2013-51 mod 1.24 (mod om A2018-42 amdt 3.61)\nam A2018-10 (Qld) s 24\nPower to enter and search heavy vehicle involved, or suspected\nto be involved, in an offence etc.\ns 521 mod A2013-51 mod 1.25 (mod om A2018-42 amdt 3.61)\nam A2018-10 (Qld) s 25; A2018-18 (Qld) s 19\nPower to order presentation of heavy vehicles for inspection\ns 522 mod A2013-51 mod 1.26 (mod om A2018-42 amdt 3.61)\nam A2018-10 (Qld) s 26; A2018-18 (Qld) s 20\nDefinitions for Div 6\ns 525 def defective vehicle label am A2015-12 (Qld) s 50;\nA2019-29 (Qld) s 23\ndef registration authority ins A2015-12 (Qld) s 50\nam A2018-10 (Qld) s 27\ndef vehicle identifier ins A2015-12 (Qld) s 50\nIssue of vehicle defect notice\ns 526 am A2015-12 (Qld) s 51; A2019-29 (Qld) s 24\nRequirements about vehicle defect notice\ns 527 mod A2013-51 mod 1.27 (mod om A2018-42 amdt 3.61)\nam A2015-12 (Qld) s 52; A2018-10 (Qld) s 28; A2019-29 (Qld)\ns 25\nDefective vehicle labels\ns 528 am A2015-12 (Qld) s 53\nInformation not included in notice or label\ns 528A ins A2015-12 (Qld) s 54\nUsing heavy vehicles contrary to vehicle defect notice\ns 529 hdg am A2019-29 (Qld) s 26\ns 529 am A2015-12 (Qld) s 67; A2019-29 (Qld) s 26\n\nPermission to use vehicle the subject of a self-clearing defect notice\ns 529AA ins A2019-29 (Qld) s 27\nPermission by authorised officer to use vehicle the subject of a vehicle\ns 529A ins A2015-12 (Qld) s 55\nsub A2019-29 (Qld) s 28\nPermitted use of vehicle the subject of a major or minor defect notice\nwithout permission of authorised officer\ns 529B hdg am A2019-29 (Qld) s 29\ns 529B ins A2015-12 (Qld) s 55\nam A2019-29 (Qld) s 29\nClearance of major or minor defect notices\ns 530 hdg am A2019-29 (Qld) s 30\ns 530 am A2019-29 (Qld) s 30\nAmendment or withdrawal of vehicle defect notices\ns 531 am A2015-12 (Qld) s 56\nSelf-clearing defect notices\ns 531A ins A2016-65 (Qld) s 134\nom A2019-29 (Qld) s 31\nRequirements about self-clearing vehicle defect notice\ns 531B ins A2016-65 (Qld) s 134\nom A2019-29 (Qld) s 31\nSeizure of number plates\ns 551 am A2018-10 (Qld) s 29\nReturn of seized things or samples\ns 556 am A2016-65 (Qld) s 86\nPower to issue embargo notice\ns 557 am A2016-65 (Qld) s 87\nNoncompliance with embargo notice\ns 558 am A2016-65 (Qld) s 88\nPower to require production of driver licence\ns 567A ins as mod A2013-51 mod 1.2 (mod om A2022-5 s 4)\nPower to require people to disclose identity of driver\ns 567B ins as mod A2013-51 mod 1.2 (mod om A2022-5 s 4)\nPower to require production of document etc. required to be in\ndriver’s possession\ns 568 am A2018-18 (Qld) s 21\n\nPower to require production of documents etc. generally\ns 569 am A2018-10 (Qld) s 30; A2016-65 (Qld) s 89; A2018-18 (Qld)\ns 22\nPower to require information about heavy vehicles\ns 570 am A2016-65 (Qld) s 90; A2018-18 (Qld) s 23\nRequiring information\ns 570A ins A2016-65 (Qld) s 91\nam A2018-18 (Qld) s 24\nProhibition notices\npt 9.4 div 5A hdg ins A2018-18 (Qld) s 25\nPower to issue prohibition notice\ns 576A ins A2018-18 (Qld) s 25\nContents of prohibition notice\ns 576B ins A2018-18 (Qld) s 25\nCompliance with prohibition notice\ns 576C ins A2018-18 (Qld) s 25\npt 9.4 div 5B hdg ins A2018-18 (Qld) s 25\nApplication of Div 5B\ns 576D ins A2018-18 (Qld) s 25\nInjunction for noncompliance with notice\ns 576E ins A2018-18 (Qld) s 25\nPower to require reasonable help\ns 577 am A2018-18 (Qld) s 26\nDuty to minimise inconvenience or damage\ns 578 am A2016-65 (Qld) s 92\nRestoring damaged thing\ns 579 am A2016-65 (Qld) s 93\nMultiple requirements\ns 586 am A2016-65 (Qld) s 135\nEvidential immunity for individuals complying with particular requirements\ns 588 am A2016-65 (Qld) s 94; A2018-18 (Qld) s 27\nFormal warning\ns 590 am A2015-12 (Qld) s 57; A2016-65 (Qld) s 95\nEnforceable undertakings\npt 10.1A hdg ins A2016-65 (Qld) s 96\nAccepting undertaking\ns 590A ins A2016-65 (Qld) s 96\n\nEffect of undertaking\ns 590B ins A2016-65 (Qld) s 96\nWithdrawing or changing undertaking\ns 590C ins A2016-65 (Qld) s 96\nContravening undertaking\ns 590D ins A2016-65 (Qld) s 96\nRecording information about infringement penalties\ns 592 am A2016-65 (Qld) s 97\npt 10.3 div 2A ins A2018-18 (Qld) s 28\ns 596A ins A2018-18 (Qld) s 28\nPower to cancel or suspend vehicle registration\ns 598 mod A2013-51 mod 1.28, mod 1.29 (mod om A2018-42\nam A2018-10 (Qld) s 31\nCancelling, varying or suspending driver licences or disqualifying drivers\nPt 10.3, Div 4A hdg ins as mod A2013-51 mod 1.3\nSanctions involving driver licences\ns 598A ins as mod A2013-51 mod 1.3\nCourt may make compensation order\ns 611 am A2016-65 (Qld) s 98\nReasonable steps defence\npt 10.4 div 1 hdg om A2016-65 (Qld) s 99\nReasonable steps defence\ns 618 om A2016-65 (Qld) s 99\nMatters relating to reasonable steps\npt 10.4 div 2 hdg om A2016-65 (Qld) s 99\nApplication of Div 2\ns 619 om A2016-65 (Qld) s 99\nMatters court may consider for deciding whether person took all reasonable\nsteps—mass, dimension or loading offences\ns 620 om A2016-65 (Qld) s 99\nReliance on container weight declaration—offences about mass\ns 621 om A2016-65 (Qld) s 99\nMatters court may consider for deciding whether person took all reasonable\nsteps—speeding or fatigue management offences\ns 622 om A2016-65 (Qld) s 99\n\nWhen particular persons regarded to have taken all reasonable steps—\nspeeding or fatigue management offences\ns 623 om A2016-65 (Qld) s 99\nRegulation for s 623\ns 624 om A2016-65 (Qld) s 99\nProof of compliance with registered industry code of practice\ns 625 om A2016-65 (Qld) s 99\nDefences\npt 10.4 div 3 hdg sub A2016-65 (Qld) s 100\nUsing code of practice in proceeding\ns 632A ins A2016-65 (Qld) s 101\nMultiple offences\ns 634 am A2016-65 (Qld) s 102; A2018-18 (Qld) sch 1\nLiability of executive officers of corporation\ns 636 am A2016-65 (Qld) s 103; A2018-10 (Qld) s 32\nTreatment of unincorporated partnerships\ns 637 am A2016-65 (Qld) s 104; A2018-10 (Qld) s 33\nTreatment of other unincorporated bodies\ns 638 am A2016-65 (Qld) s 105; A2018-10 (Qld) s 34\nApplying for internal review\ns 641 am A2018-18 (Qld) s 29; A2019-29 (Qld) s 32\nApproved guidelines for exemptions, authorisations, permits and other\ns 653 mod A2013-51 mod 1.30 (mod om A2018-42 amdt 3.61)\nam A2018-10 (Qld) s 35; A2018-18 (Qld) s 30\nDelegation by responsible Ministers\ns 655A ins A2016-65 (Qld) s 136\nGeneral powers of Regulator\ns 658 am A2018-10 (Qld) s 36\nFunctions of Regulator\ns 659 am A2018-10 (Qld) s 37; A2019-29 (Qld) s 33\nCooperation with participating jurisdictions and Commonwealth\ns 660 am A2018-10 (Qld) s 38\nDatabase of heavy vehicles\nPt 12.2A hdg ins A2018-10 (Qld) s 39\nDatabase of heavy vehicles\ns 686A ins A2018-10 (Qld) s 39\n\nRegulator may share information in database of heavy vehicles\ns 686B ins A2018-10 (Qld) s 39\nPayments into Fund\ns 688 am A2018-10 (Qld) s 40\nNo liability, right etc. arising from particular functions of authorised officer\nor Regulator\ns 698A ins A2019-29 (Qld) s 34\nFalse or misleading statements\ns 701 am A2016-65 (Qld) s 106\nFalse or misleading documents\ns 702 am A2016-65 (Qld) s 107\nOffence to falsely represent that heavy vehicle authority is held etc.\ns 704 am A2015-12 (Qld) s 58\nProceeding for indictable offences\ns 707 sub A2016-65 (Qld) s 108\nProceeding for other offences\ns 707A ins A2016-65 (Qld) s 108\nEvidence of speed\ns 709A ins as mod A2013-51 mod 1.4\nAverments\ns 710 mod A2013-51 mod 1.5\nam A2016-65 (Qld) s 109\nEvidence by certificate by Regulator generally\ns 711 mod A2013-51 mod 1.6, mod 1.7\nam A2018-10 (Qld) s 41\nEvidence by certificate by Regulator generally\ns 712 mod A2013-51 mod 1.8, mod 1.9, mod 1.31\nEvidence of contents of document examined by authorised officer\ns 715A ins as mod A2013-51 mod 1.10\nCertificates of TCA\ns 721 am A2016-65 (Qld) s 139\nDocuments produced by an electronic recording system\ns 725 am A2015-12 (Qld) s 59\nEvidence of offence\ns 726A ins A2016-65 (Qld) s 110\nEvidence obtained by police using other powers\ns 726B ins A2018-18 (Qld) s 31\n\nEvidence obtained in another jurisdiction\ns 726C ins A2018-18 (Qld) s 31\nPublication of court outcomes\npt 13.3 div 3 hdg ins A2018-18 (Qld) s 32\nRegulator may publish convictions, penalties, orders, etc.\ns 726D ins A2018-18 (Qld) s 32\nDefinitions for Pt 13.4\ns 727 am A2016-65 (Qld) s 139\ndef driver fatigue compliance function ins A2015-12 (Qld) s\ndef driver fatigue provision ins A2015-12 (Qld) s 60\nam A2018-18 (Qld) s 33\ndef electronic work diary authorised use ins A2015-12 (Qld)\ns 60\ndef electronic work diary information ins A2015-12 (Qld)\ns 60\ndef electronic work diary protected information ins\nA2015-12 (Qld) s 60\nam A2018-18 (Qld) s 33\nDuty of confidentiality for protected information\ns 728 hdg am A2015-12 (Qld) s 61\nDuty of confidentiality for electronic work diary protected information\ns 728A ins A2015-12 (Qld) s 62\nElectronic work diary protected information only to be used for electronic\nwork diary authorised use\ns 729A ins A2015-12 (Qld) s 63\nWarrant authorising use of electronic work diary protected information\ns 729B ins A2015-12 (Qld) s 63\nNational regulations\ns 730 am A2018-18 (Qld) s 34\nLegal professional privilege\ns 735A ins A2016-65 (Qld) s 111\nIncrease of penalty amounts\ns 737 mod A2013-51 mod 1.11 (mod om A2022-5 s 4)\nam A2018-18 (Qld) s 35\nApplication of s 737 to new penalties\ns 737A ins A2018-10 (Qld) s 42\nIncrease of fee amounts\ns 740A ins A2016-65 (Qld) s 137\n\nContracting out prohibited\ns 742 am A2016-65 (Qld) s 112\nGeneral savings and transitional provision\ns 748 am A2015-12 (Qld) s 64\nAmendment or cancellation of instruments carried over from\nformer legislation\ns 750 am A2018-18 (Qld) s 36\nHeavy Vehicle National Law Amendment Act 2015 (Queensland)\nPt 14.3 hdg ins A2015-12 (Qld) s 65\nApplication of s 87A to previously fitted plate or label\ns 756 ins A2015-12 (Qld) s 65\nSaving of stated map and other matters under s 119 or 142\ns 757 ins A2015-12 (Qld) s 65\nApplication of s 737 to a new penalty\ns 758 ins A2015-12 (Qld) s 65\nHeavy Vehicle National Law and Other Legislation Amendment Act 2016\nPt 14.4 hdg ins A2016-65 (Qld) s 138\nApplication of s 737 to a new penalty\ns 759 ins A2016-65 (Qld) s 138\nReviewable decisions\nsch 3 am A2018-18 (Qld) s 37\nLiability provisions\nsch 4 am A2015-12 (Qld) s 66\nsub A2016-65 (Qld) s 113\nam A2018-10 (Qld) s 43; A2018-18 (Qld) s 38, sch 1;\nA2019-29 (Qld) s 35\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nNo and date\nEffective Last\namendment\nmade by\nfor\n10 Feb 2014\n10 Feb 2014–\n28 Sept 2014\nnot amended new Law and\nmodifications by\nA2013-51\n29 Sept 2014\n29 Sept 2014–\n5 Feb 2016\nA2014-43 (Qld) amendments by\nA2014-43 (Qld)\n6 Feb 2016\n6 Feb 2016\nA2015-12 (Qld) amendments by\nA2015-12 (Qld)\n22 Dec 2017\n1 July 2017–\nA2016-65 (Qld) amendments by\nA2016-65 (Qld)\n1 July 2018–\n30 Sept 2018\nA2018-10 (Qld) commenced\nprovision and\namendments by\nA2018-10 (Qld)\n11 Jan 2019\n1 Oct 2018–\nA2018-18 (Qld) amendments by\nA2016-65 (Qld),\nA2018-10 (Qld)\nand A2018-18\n(Qld)\n1 July 2019–\n27 Feb 2020\nA2018-42 updated endnotes\nfor the\ncommencement of\nA2013-51 (ss 34,\n36, 38 and 40)\n28 Feb 2020\n28 Feb 2020–\n1 July 2021–\n26 Sept 2021\n\n5 Earlier republications\nNo and date\nEffective Last\namendment\nmade by\nfor\n27 Sept 2021\n27 Sept 2021–\n26 Apr 2022\n27 Apr 2022\n27 Apr 2022–\n18 Feb 2024\nA2019-29 (Qld) modifications by\nA2013-51\nas amended by\nA2022-5","sortOrder":755}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond simple vehicle regulation. Originally intended to standardise heavy vehicle rules across states, it has expanded into a comprehensive national regulatory scheme covering: (1) complex fatigue management with multiple accreditation tiers; (2) sophisticated GPS monitoring through the Intelligent Access Program; (3) broad 'chain of responsibility' safety duties affecting the entire supply chain; (4) detailed data protection regimes for electronic work diaries; and (5) extensive administrative law procedures for reviews and appeals. The ACT version specifically incorporates modifications and transitional provisions that add another layer of local adaptation to the national scheme."},"complexity_factors":["Extensive cross-referencing scheme: The ACT version is a 'schedule' to the Queensland Act and must be read with the Heavy Vehicle National Law (ACT) Act 2013, creating a multi-layered legislative framework","Massive defined terms section: Section 5 contains hundreds of defined terms spanning 60+ pages, including complex nested definitions (e.g., 'associate' has 11 sub-clauses for individuals and 6 for corporations)","Multiple overlapping regulatory regimes: Four different fatigue management schemes (Standard Hours, BFM, AFM, Exemption Hours) with different rules for solo vs two-up drivers","Complex exemption and permit structures: Separate divisions and subdivisions for Gazette notices vs permits for vehicle standards, mass/dimension, work/rest hours, and work diaries, each with different application processes, conditions, and appeal rights","Intricate enforcement provisions: Chapter 9 contains detailed powers for authorised officers including entry warrants, seizure powers, embargo notices, improvement notices, and prohibition notices, each with specific procedural safeguards","National regulations dependency: Many operational details are left to 'national regulations' (section 730), meaning the full regulatory picture requires reading subordinate legislation","Jurisdictional modifications: The ACT application includes specific modifications and savings provisions that alter how the national law operates locally","Heavy conditional logic: Extensive use of 'if/then' structures, exceptions to exceptions (e.g., Division 8 of Part 6.4 has exemptions from exemptions), and tiered offence categories (Category 1/2/3 for safety duties; minor/substantial/severe for mass/dimension)","Multi-party liability: Complex 'chain of responsibility' provisions extending liability to employers, prime contractors, operators, schedulers, consignors, and loaders","Electronic work diary provisions: Technical requirements for approved electronic recording systems with tampering offences and data protection rules (Part 13.4)"],"plain_english_summary":"This legislation is the ACT's version of the Heavy Vehicle National Law (HVNL), which creates a single national scheme for regulating trucks, buses, and other heavy vehicles across Australia. It applies in the ACT as if it were part of the local Heavy Vehicle National Law (ACT) Act 2013.\n\n**What it does:**\n- **Establishes the National Heavy Vehicle Regulator (NHVR)** – a national body that oversees heavy vehicle operations, grants permits, and enforces rules.\n- **Sets safety standards** – covers vehicle standards (brakes, lights, emissions), mass limits (how heavy vehicles can be), dimension limits (how big they can be), and how loads must be secured.\n- **Manages driver fatigue** – sets strict rules about how long drivers can work and how much rest they must take, with different schemes for standard hours, Basic Fatigue Management (BFM), and Advanced Fatigue Management (AFM).\n- **Controls access to roads** – requires permits or notices for oversized or overmass vehicles (Class 1 and 3) and restricts certain large vehicles (Class 2) unless authorised.\n- **Creates safety duties** – imposes legal duties on everyone in the supply chain (drivers, operators, consignors, loaders) to ensure safety, with serious penalties for breaches (Category 1, 2, and 3 offences).\n- **Provides enforcement powers** – gives authorised officers powers to stop vehicles, inspect them, issue defect notices, seize evidence, and enter premises.\n- **Establishes the Intelligent Access Program (IAP)** – a GPS-based system that monitors heavy vehicle compliance in exchange for access to higher mass limits.\n- **Sets up accreditation schemes** – allows operators with good safety records to access more flexible rules under BFM or AFM accreditation.\n\n**Who it affects:**\n- Truck and bus drivers\n- Transport operators and companies\n- Consignors and consignees (people sending and receiving goods)\n- Loaders and packers\n- Road managers (those responsible for roads)\n- The NHVR and its authorised officers\n\n**Why it matters:**\nThis law aims to balance road safety with industry productivity. It replaces multiple state and territory laws with one national framework, making it easier for trucks to operate across borders while ensuring they don't damage roads or endanger the public. The \"chain of responsibility\" concept means everyone involved in transport can be held accountable for safety breaches, not just the driver."}},"importantCases":[],"_links":{"self":"/api/acts/heavy-vehicle-national-law-act-","history":"/api/acts/heavy-vehicle-national-law-act-/history","analysis":"/api/acts/heavy-vehicle-national-law-act-/analysis","conflicts":"/api/acts/heavy-vehicle-national-law-act-/conflicts","importantCases":"/api/acts/heavy-vehicle-national-law-act-/important-cases","documents":"/api/acts/heavy-vehicle-national-law-act-/documents"}}