{"id":"qld:act-2012-021","name":"Heavy Vehicle National Law Act 2012","slug":"heavy-vehicle-national-law-act-2012","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"21 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29770,"registerId":"qld-act-2012-021-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Heavy Vehicle National Law Act 2012 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.\nHowever, if no day has been fixed by 1 July 2018, the Act commences on that day.\nThe Acts Interpretation Act 1954 , section 15DA does not apply to this Act.\ns 2 amd 2015 No. 6 s 23\n(sec.2-ssec.1) This Act commences on a day to be fixed by proclamation.\n(sec.2-ssec.2) However, if no day has been fixed by 1 July 2018, the Act commences on that day.\n(sec.2-ssec.3) The Acts Interpretation Act 1954 , section 15DA does not apply to this Act.","sortOrder":2},{"sectionNumber":"sec.2A","sectionType":"section","heading":"Special provision about commencement of Heavy Vehicle National Law (Queensland)","content":"### sec.2A Special provision about commencement of Heavy Vehicle National Law (Queensland)\n\nThe following provisions of the Heavy Vehicle National Law (Queensland) , as at the commencement of section 12 of the HVNL Amendment Act, commence on the day that section commences—\nParts 1.1 to 1.3 ;\nChapter 12 ;\nsections 705 and 707 ;\nParts 13.4 to 13.6 ;\nPart 14.1 ;\nsection 755 ;\nSchedule 1 .\nThe remaining provisions of the Heavy Vehicle National Law (Queensland) , as at the commencement of section 12 of the HVNL Amendment Act, commence on a day to be fixed by proclamation.\nThis section applies despite section 2 (1) but does not limit the application of section 2 (2) to the provisions of the Heavy Vehicle National Law (Queensland) .\nIn this section—\nHVNL Amendment Act means the Heavy Vehicle National Law Amendment Act 2013 .\nSection 12 of the HVNL Amendment Act replaces the Schedule.\ns 2A ins 2013 No. 4 s 4\n(sec.2A-ssec.1) The following provisions of the Heavy Vehicle National Law (Queensland) , as at the commencement of section 12 of the HVNL Amendment Act, commence on the day that section commences— Parts 1.1 to 1.3 ; Chapter 12 ; sections 705 and 707 ; Parts 13.4 to 13.6 ; Part 14.1 ; section 755 ; Schedule 1 .\n(sec.2A-ssec.2) The remaining provisions of the Heavy Vehicle National Law (Queensland) , as at the commencement of section 12 of the HVNL Amendment Act, commence on a day to be fixed by proclamation.\n(sec.2A-ssec.3) This section applies despite section 2 (1) but does not limit the application of section 2 (2) to the provisions of the Heavy Vehicle National Law (Queensland) .\n(sec.2A-ssec.4) In this section— HVNL Amendment Act means the Heavy Vehicle National Law Amendment Act 2013 . Section 12 of the HVNL Amendment Act replaces the Schedule.\n- (a) Parts 1.1 to 1.3 ;\n- (b) Chapter 12 ;\n- (c) sections 705 and 707 ;\n- (d) Parts 13.4 to 13.6 ;\n- (e) Part 14.1 ;\n- (f) section 755 ;\n- (g) Schedule 1 .","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nFor the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Heavy Vehicle National Law set out in the Schedule.\nIn the local application provisions of this Act—\nHeavy Vehicle National Law (Queensland) means the provisions applying in this jurisdiction because of section 4 .\nNational Law , for part 4A , see section 42B .\nthe Law means the Heavy Vehicle National Law (Queensland) .\nTORUM means the Transport Operations (Road Use Management) Act 1995 .\ntransport Act see TORUM , schedule 4 .\nTerms used in the local application provisions of this Act and also in the Heavy Vehicle National Law set out in the Schedule have the same meanings in those provisions as they have in that Law.\ns 3 amd 2013 No. 26 s 4 ; 2018 No. 10 s 6\n(sec.3-ssec.1) For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Heavy Vehicle National Law set out in the Schedule.\n(sec.3-ssec.2) In the local application provisions of this Act— Heavy Vehicle National Law (Queensland) means the provisions applying in this jurisdiction because of section 4 . National Law , for part 4A , see section 42B . the Law means the Heavy Vehicle National Law (Queensland) . TORUM means the Transport Operations (Road Use Management) Act 1995 . transport Act see TORUM , schedule 4 .\n(sec.3-ssec.3) Terms used in the local application provisions of this Act and also in the Heavy Vehicle National Law set out in the Schedule have the same meanings in those provisions as they have in that Law.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Adoption of Heavy Vehicle National Law","content":"# Adoption of Heavy Vehicle National Law","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":6},{"sectionNumber":"sec.4","sectionType":"section","heading":"Application of Heavy Vehicle National Law","content":"### sec.4 Application of Heavy Vehicle National Law\n\nThe Heavy Vehicle National Law set out in the Schedule—\napplies as a law of this jurisdiction, as modified by parts 4 and 4A ; and\nas so applying, may be referred to as the Heavy Vehicle National Law (Queensland) ; and\nso applies as if it were part of this Act.\ns 4 amd 2018 No. 10 s 7\n- (a) applies as a law of this jurisdiction, as modified by parts 4 and 4A ; and\n- (b) as so applying, may be referred to as the Heavy Vehicle National Law (Queensland) ; and\n- (c) so applies as if it were part of this Act.","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Exclusion of legislation of this jurisdiction","content":"### sec.5 Exclusion of legislation of this jurisdiction\n\nThe following Acts of this jurisdiction do not apply to the Heavy Vehicle National Law (Queensland) or to the instruments made under that Law, other than to the extent provided for in subsections (3) to (6) or section 17 —\nthe Acts Interpretation Act 1954 ;\nthe Auditor-General Act 2009 ;\nthe Financial Accountability Act 2009 ;\nthe Information Privacy Act 2009 ;\nthe Public Records Act 2023 ;\nthe Public Sector Ethics Act 1994 ;\nthe Public Sector Act 2022 ;\nthe Right to Information Act 2009 ;\nthe Statutory Bodies Financial Arrangements Act 1982 ;\nthe Statutory Instruments Act 1992 .\nAlso, the Legislative Standards Act 1992 does not apply to a regulation made under the Heavy Vehicle National Law (Queensland) , other than to the extent provided for in section 17 .\nThe Acts Interpretation Act 1954 , section 20C applies to the Heavy Vehicle National Law (Queensland) and instruments made under that Law.\nThe Auditor-General Act 2009 applies to the extent provided for in the national regulations under the Heavy Vehicle National Law.\nSee the Heavy Vehicle National Law , sections 693 and 730 .\nThe Act s mentioned subsection (1) (d) , (e) and (h) apply to the Heavy Vehicle National Law (Queensland) , and to the instruments made under that Law, in the way provided by section 696 of the Law .\nThe Act s mentioned in subsection (1) (b) to (i) apply to an entity of the State exercising functions under the Heavy Vehicle National Law (Queensland) .\nTo remove any doubt, it is declared that—\nsubsection (1) (a) does not limit the application of the Acts Interpretation Act 1954 to the local application provisions of this Act; and\nThe terms ‘magistrate’ in section 14 and ‘QCAT’ in sections 10 and 36 take their meaning from the Acts Interpretation Act 1954 , schedule 1 .\nsubsection (1) (j) does not limit the application of the Statutory Instruments Act 1992 to a regulation made under the local application provisions of this Act.\ns 5 amd 2013 No. 4 s 6 ; 2013 No. 39 s 110 (1) sch 3 pt 1 ; 2022 No. 34 s 365 sch 3 ; 2023 No. 33 s 107 sch 4\n(sec.5-ssec.1) The following Acts of this jurisdiction do not apply to the Heavy Vehicle National Law (Queensland) or to the instruments made under that Law, other than to the extent provided for in subsections (3) to (6) or section 17 — the Acts Interpretation Act 1954 ; the Auditor-General Act 2009 ; the Financial Accountability Act 2009 ; the Information Privacy Act 2009 ; the Public Records Act 2023 ; the Public Sector Ethics Act 1994 ; the Public Sector Act 2022 ; the Right to Information Act 2009 ; the Statutory Bodies Financial Arrangements Act 1982 ; the Statutory Instruments Act 1992 .\n(sec.5-ssec.2) Also, the Legislative Standards Act 1992 does not apply to a regulation made under the Heavy Vehicle National Law (Queensland) , other than to the extent provided for in section 17 .\n(sec.5-ssec.3) The Acts Interpretation Act 1954 , section 20C applies to the Heavy Vehicle National Law (Queensland) and instruments made under that Law.\n(sec.5-ssec.4) The Auditor-General Act 2009 applies to the extent provided for in the national regulations under the Heavy Vehicle National Law. See the Heavy Vehicle National Law , sections 693 and 730 .\n(sec.5-ssec.5) The Act s mentioned subsection (1) (d) , (e) and (h) apply to the Heavy Vehicle National Law (Queensland) , and to the instruments made under that Law, in the way provided by section 696 of the Law .\n(sec.5-ssec.6) The Act s mentioned in subsection (1) (b) to (i) apply to an entity of the State exercising functions under the Heavy Vehicle National Law (Queensland) .\n(sec.5-ssec.7) To remove any doubt, it is declared that— subsection (1) (a) does not limit the application of the Acts Interpretation Act 1954 to the local application provisions of this Act; and The terms ‘magistrate’ in section 14 and ‘QCAT’ in sections 10 and 36 take their meaning from the Acts Interpretation Act 1954 , schedule 1 . subsection (1) (j) does not limit the application of the Statutory Instruments Act 1992 to a regulation made under the local application provisions of this Act.\n- (a) the Acts Interpretation Act 1954 ;\n- (b) the Auditor-General Act 2009 ;\n- (c) the Financial Accountability Act 2009 ;\n- (d) the Information Privacy Act 2009 ;\n- (e) the Public Records Act 2023 ;\n- (f) the Public Sector Ethics Act 1994 ;\n- (g) the Public Sector Act 2022 ;\n- (h) the Right to Information Act 2009 ;\n- (i) the Statutory Bodies Financial Arrangements Act 1982 ;\n- (j) the Statutory Instruments Act 1992 .\n- (a) subsection (1) (a) does not limit the application of the Acts Interpretation Act 1954 to the local application provisions of this Act; and Example— The terms ‘magistrate’ in section 14 and ‘QCAT’ in sections 10 and 36 take their meaning from the Acts Interpretation Act 1954 , schedule 1 .\n- (b) subsection (1) (j) does not limit the application of the Statutory Instruments Act 1992 to a regulation made under the local application provisions of this Act.","sortOrder":8},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Meaning of particular terms for Heavy Vehicle National Law (Queensland)","content":"## Meaning of particular terms for Heavy Vehicle National Law (Queensland)","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":"Purpose of div 2","content":"### sec.6 Purpose of div 2\n\nThis division defines particular terms, and makes particular declarations, for the purposes of the Heavy Vehicle National Law (Queensland) .","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Definitions of generic terms and terms having meaning provided by this Act","content":"### sec.7 Definitions of generic terms and terms having meaning provided by this Act\n\nIn the Heavy Vehicle National Law (Queensland) —\nMagistrates Court ...\ns 7 def Magistrates Court om 2013 No. 26 s 5\npolice officer means a police officer within the meaning of the Police Service Administration Act 1990.\nthis jurisdiction means Queensland.","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Particular laws","content":"### sec.8 Particular laws\n\nFor the purposes of the Heavy Vehicle National Law (Queensland) —\nthe State Penalties Enforcement Act 1999 is declared to be the Infringement Notice Offences Law for this jurisdiction; and\nthe Work Health and Safety Act 2011 is declared to be the primary WHS Law for this jurisdiction; and\nthe Transport Operations (Road Use Management—Road Rules) Regulation 2009 is declared to be the Road Rules for this jurisdiction.\nAn offence against the Heavy Vehicle National Law (Queensland) prescribed under a regulation under the State Penalties Enforcement Act 1999 as an infringement notice offence is an offence prescribed by a law of this jurisdiction for the purposes of section 591 of the Heavy Vehicle National Law (Queensland) .\nThe Transport Operations (Road Use Management) Act 1995 is specified for section 727 (1), definition relevant law of the Heavy Vehicle National Law (Queensland) .\ns 8 amd 2013 No. 26 s 6\n(sec.8-ssec.1) For the purposes of the Heavy Vehicle National Law (Queensland) — the State Penalties Enforcement Act 1999 is declared to be the Infringement Notice Offences Law for this jurisdiction; and the Work Health and Safety Act 2011 is declared to be the primary WHS Law for this jurisdiction; and the Transport Operations (Road Use Management—Road Rules) Regulation 2009 is declared to be the Road Rules for this jurisdiction.\n(sec.8-ssec.2) An offence against the Heavy Vehicle National Law (Queensland) prescribed under a regulation under the State Penalties Enforcement Act 1999 as an infringement notice offence is an offence prescribed by a law of this jurisdiction for the purposes of section 591 of the Heavy Vehicle National Law (Queensland) .\n(sec.8-ssec.3) The Transport Operations (Road Use Management) Act 1995 is specified for section 727 (1), definition relevant law of the Heavy Vehicle National Law (Queensland) .\n- (a) the State Penalties Enforcement Act 1999 is declared to be the Infringement Notice Offences Law for this jurisdiction; and\n- (b) the Work Health and Safety Act 2011 is declared to be the primary WHS Law for this jurisdiction; and\n- (c) the Transport Operations (Road Use Management—Road Rules) Regulation 2009 is declared to be the Road Rules for this jurisdiction.","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Local government authority","content":"### sec.9 Local government authority\n\nEach of the following is declared to be a local government authority for this jurisdiction for the purposes of the Heavy Vehicle National Law (Queensland) —\nthe Brisbane City Council;\na local government under the Local Government Act 2009 .\n- (a) the Brisbane City Council;\n- (b) a local government under the Local Government Act 2009 .","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Relevant tribunal or court","content":"### sec.10 Relevant tribunal or court\n\nSubject to subsections (2) and (3) , QCAT is declared to be the relevant tribunal or court for this jurisdiction for the purposes of the Heavy Vehicle National Law (Queensland) .\nA Magistrates Court is declared to be the relevant tribunal or court for this jurisdiction for the purposes of the following provisions of the Heavy Vehicle National Law (Queensland) —\nsection 556 ;\nsection 560 ;\nsection 565 ;\nsection 590D .\nThe reference to a relevant tribunal or court in section 727 (1), definition protected information , paragraph (b) (iii) is a reference to any tribunal or court.\ns 10 amd 2013 No. 26 s 7 ; 2016 No. 65 s 4\n(sec.10-ssec.1) Subject to subsections (2) and (3) , QCAT is declared to be the relevant tribunal or court for this jurisdiction for the purposes of the Heavy Vehicle National Law (Queensland) .\n(sec.10-ssec.2) A Magistrates Court is declared to be the relevant tribunal or court for this jurisdiction for the purposes of the following provisions of the Heavy Vehicle National Law (Queensland) — section 556 ; section 560 ; section 565 ; section 590D .\n(sec.10-ssec.3) The reference to a relevant tribunal or court in section 727 (1), definition protected information , paragraph (b) (iii) is a reference to any tribunal or court.\n- (a) section 556 ;\n- (b) section 560 ;\n- (c) section 565 ;\n- (d) section 590D .","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Road authority","content":"### sec.11 Road authority\n\nThe chief executive of the department in which the Transport Operations (Road Use Management) Act 1995 is administered is declared to be the road authority for this jurisdiction for the purposes of the Heavy Vehicle National Law (Queensland) .","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Road manager for a road","content":"### sec.12 Road manager for a road\n\nThe following entity is declared to be the road manager for a road in this jurisdiction for the purposes of the Heavy Vehicle National Law (Queensland) —\nfor a State-controlled road—the chief executive of the department in which the Transport Infrastructure Act 1994 , chapter 6 is administered;\nfor a road controlled by a local government authority—the local government authority;\nfor the Airport Link franchised road—a franchisee for the road;\nfor a franchised road other than the Airport Link franchised road—the chief executive of the department in which the Transport Infrastructure Act 1994 , chapter 6 is administered;\nfor a local government franchised road—a local government franchisee of the road;\nfor another road—an owner of the road.\nIn this section—\nAirport Link franchised road means the franchised road known as the ‘Airport Link’ the subject of the gazette notice under the Transport Infrastructure Act 1994 , section 93 made on 18 July 2008.\nfranchised road see the Transport Infrastructure Act 1994 , schedule 6 .\nfranchisee , for the Airport Link franchised road, means a person who, under the Transport Infrastructure Act 1994 , is a franchisee for the road franchise agreement for the road.\nlocal government franchised road see the Transport Infrastructure Act 1994 , section 105B .\nlocal government franchisee , for a local government franchised road, means a person who, under the Transport Infrastructure Act 1994 , chapter 6 , part 8 , is a local government franchisee for the local government tollway franchise agreement for the road.\nlocal government tollway franchise agreement see the Transport Infrastructure Act 1994 , section 105Y .\nroad franchise agreement see the Transport Infrastructure Act 1994 , section 85 .\nState-controlled road see the Transport Infrastructure Act 1994 , schedule 6 .\n(sec.12-ssec.1) The following entity is declared to be the road manager for a road in this jurisdiction for the purposes of the Heavy Vehicle National Law (Queensland) — for a State-controlled road—the chief executive of the department in which the Transport Infrastructure Act 1994 , chapter 6 is administered; for a road controlled by a local government authority—the local government authority; for the Airport Link franchised road—a franchisee for the road; for a franchised road other than the Airport Link franchised road—the chief executive of the department in which the Transport Infrastructure Act 1994 , chapter 6 is administered; for a local government franchised road—a local government franchisee of the road; for another road—an owner of the road.\n(sec.12-ssec.2) In this section— Airport Link franchised road means the franchised road known as the ‘Airport Link’ the subject of the gazette notice under the Transport Infrastructure Act 1994 , section 93 made on 18 July 2008. franchised road see the Transport Infrastructure Act 1994 , schedule 6 . franchisee , for the Airport Link franchised road, means a person who, under the Transport Infrastructure Act 1994 , is a franchisee for the road franchise agreement for the road. local government franchised road see the Transport Infrastructure Act 1994 , section 105B . local government franchisee , for a local government franchised road, means a person who, under the Transport Infrastructure Act 1994 , chapter 6 , part 8 , is a local government franchisee for the local government tollway franchise agreement for the road. local government tollway franchise agreement see the Transport Infrastructure Act 1994 , section 105Y . road franchise agreement see the Transport Infrastructure Act 1994 , section 85 . State-controlled road see the Transport Infrastructure Act 1994 , schedule 6 .\n- (a) for a State-controlled road—the chief executive of the department in which the Transport Infrastructure Act 1994 , chapter 6 is administered;\n- (b) for a road controlled by a local government authority—the local government authority;\n- (c) for the Airport Link franchised road—a franchisee for the road;\n- (d) for a franchised road other than the Airport Link franchised road—the chief executive of the department in which the Transport Infrastructure Act 1994 , chapter 6 is administered;\n- (e) for a local government franchised road—a local government franchisee of the road;\n- (f) for another road—an owner of the road.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Police officers who are authorised officers","content":"### sec.13 Police officers who are authorised officers\n\nEvery police officer is declared to be an authorised officer for the purposes of the Heavy Vehicle National Law (Queensland) .\nSee also section 35 .\ns 13 amd 2013 No. 4 s 7","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Authorised warrant official","content":"### sec.14 Authorised warrant official\n\nEach magistrate is declared to be an authorised warrant official for the purposes of the Heavy Vehicle National Law (Queensland) .","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Areas that are roads","content":"### sec.15 Areas that are roads\n\nA busway within the meaning given by the Transport Infrastructure Act 1994 is declared to be a road for the purposes of the Heavy Vehicle National Law (Queensland) .","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":null,"content":"### Section sec.16\n\ns 16 om 2016 No. 65 s 5","sortOrder":20},{"sectionNumber":"pt.3","sectionType":"part","heading":"National regulations","content":"# National regulations","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Parliamentary scrutiny of national regulations","content":"### sec.17 Parliamentary scrutiny of national regulations\n\nThe Statutory Instruments Act 1992 , sections 49 to 51 apply to a national regulation as if—\na reference in the sections to subordinate legislation were a reference to a national regulation; and\nthe reference to notified under section 47 in section 49 of that Act were a reference to published as mentioned in section 733 (1) of the Heavy Vehicle National Law (Queensland) .\nGenerally speaking, the Statutory Instruments Act 1992 , sections 49 to 51 deal with the tabling and disallowance of subordinate legislation and the limited saving of operation of subordinate legislation that ceases to have effect.\nThe Legislative Standards Act 1992 , part 4 applies to a national regulation as if—\na reference in the part to subordinate legislation were a reference to a national regulation; and\nthe reference to the responsible Minister in section 22 (2) of that Act were a reference to the Minister who administers the Heavy Vehicle National Law (Queensland) .\nGenerally speaking, the Legislative Standards Act 1992 , part 4 deals with the tabling and content of explanatory notes for Bills and subordinate legislation.\nA committee of the Legislative Assembly may deal with a national regulation, under the Parliament of Queensland Act 2001 , as if a reference in the Act to subordinate legislation, or an item of subordinate legislation, were a reference to a national regulation.\nFor subsection (3) , the Legislative Standards Act 1992 , section 4 applies to a national regulation as if a reference in the section to subordinate legislation were a reference to a national regulation.\nGenerally speaking, the Legislative Standards Act 1992 , section 4 deals with the application of fundamental legislative principles to Bills and subordinate legislation.\nIf a national regulation ceases to have effect because of the operation of subsection (1) , the national regulation ceases to have effect for the purposes of the Heavy Vehicle National Law (Queensland) , but the cessation does not affect the application of the regulation in any other jurisdiction.\nIn this section—\nnational regulation means a regulation, or a provision of a regulation, made under the Heavy Vehicle National Law set out in the Schedule.\ns 17 amd 2013 No. 4 s 8 ; 2013 No. 39 s 111 sch 4\n(sec.17-ssec.1) The Statutory Instruments Act 1992 , sections 49 to 51 apply to a national regulation as if— a reference in the sections to subordinate legislation were a reference to a national regulation; and the reference to notified under section 47 in section 49 of that Act were a reference to published as mentioned in section 733 (1) of the Heavy Vehicle National Law (Queensland) . Generally speaking, the Statutory Instruments Act 1992 , sections 49 to 51 deal with the tabling and disallowance of subordinate legislation and the limited saving of operation of subordinate legislation that ceases to have effect.\n(sec.17-ssec.2) The Legislative Standards Act 1992 , part 4 applies to a national regulation as if— a reference in the part to subordinate legislation were a reference to a national regulation; and the reference to the responsible Minister in section 22 (2) of that Act were a reference to the Minister who administers the Heavy Vehicle National Law (Queensland) . Generally speaking, the Legislative Standards Act 1992 , part 4 deals with the tabling and content of explanatory notes for Bills and subordinate legislation.\n(sec.17-ssec.3) A committee of the Legislative Assembly may deal with a national regulation, under the Parliament of Queensland Act 2001 , as if a reference in the Act to subordinate legislation, or an item of subordinate legislation, were a reference to a national regulation.\n(sec.17-ssec.4) For subsection (3) , the Legislative Standards Act 1992 , section 4 applies to a national regulation as if a reference in the section to subordinate legislation were a reference to a national regulation. Generally speaking, the Legislative Standards Act 1992 , section 4 deals with the application of fundamental legislative principles to Bills and subordinate legislation.\n(sec.17-ssec.5) If a national regulation ceases to have effect because of the operation of subsection (1) , the national regulation ceases to have effect for the purposes of the Heavy Vehicle National Law (Queensland) , but the cessation does not affect the application of the regulation in any other jurisdiction.\n(sec.17-ssec.6) In this section— national regulation means a regulation, or a provision of a regulation, made under the Heavy Vehicle National Law set out in the Schedule.\n- (a) a reference in the sections to subordinate legislation were a reference to a national regulation; and\n- (b) the reference to notified under section 47 in section 49 of that Act were a reference to published as mentioned in section 733 (1) of the Heavy Vehicle National Law (Queensland) .\n- (a) a reference in the part to subordinate legislation were a reference to a national regulation; and\n- (b) the reference to the responsible Minister in section 22 (2) of that Act were a reference to the Minister who administers the Heavy Vehicle National Law (Queensland) .","sortOrder":22},{"sectionNumber":"pt.4","sectionType":"part","heading":"Provisions specific to this jurisdiction","content":"# Provisions specific to this jurisdiction","sortOrder":23},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":24},{"sectionNumber":"sec.18","sectionType":"section","heading":"Definitions for pt 4","content":"### sec.18 Definitions for pt 4\n\nIn this part—\ncommissioner means the police commissioner of this jurisdiction.\npublic safety condition means a condition directed at ensuring public safety.\ns 18 ins 2013 No. 4 s 10\nsub 2013 No. 26 s 8","sortOrder":25},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Requirement for commissioner’s consent for mass or dimension exemptions","content":"## Requirement for commissioner’s consent for mass or dimension exemptions","sortOrder":26},{"sectionNumber":"sec.19","sectionType":"section","heading":"Definitions for div 2","content":"### sec.19 Definitions for div 2\n\nIn this division—\ncommissioner ...\ns 19 def commissioner om 2013 No. 26 s 9 (2)\ncommissioner’s amendment or cancellation decision means a decision of the commissioner—\nunder section 26 , to ask the Regulator to amend or cancel a mass or dimension exemption (notice); or\nunder section 27 , to ask the Regulator to amend or cancel a mass or dimension exemption (permit).\ncommissioner’s conditional decision see section 23 (3) .\ncommissioner’s refusal decision see section 22 (7) .\ncritical area means an area of this jurisdiction shown on a relevant map, as in force when a consent mentioned in section 20 or 21 is given, as a critical area.\ncritical road means a road in this jurisdiction shown on a relevant map, as in force when a consent mentioned in section 20 or 21 is given, as a critical road.\nnon-critical area means this jurisdiction, other than any part of this jurisdiction that is a critical area or critical road.\npublic safety condition ...\ns 19 def public safety condition om 2013 No. 26 s 9 (2)\nrelevant map means a map—\ndeveloped by the chief executive in relation to the giving of consents as mentioned in sections 20 and 21 ; and\nas published on the department’s website from time to time.\nreview and appeal information , for a commissioner’s conditional decision, a commissioner’s refusal decision or a commissioner’s amendment or cancellation decision, means the following information—\nthat, under section 641 of the Law , as applied under this division, a dissatisfied person for the decision may apply to the Regulator to have the decision reviewed;\nthat, under section 643 of the Law , as applied under this division, the Regulator must refer the application to the commissioner for review;\nthat the decision of the commissioner on the review is not subject to further review or appeal under the Law .\ns 19 ins 2013 No. 4 s 10\namd 2013 No. 26 s 9 (1)\n- (a) under section 26 , to ask the Regulator to amend or cancel a mass or dimension exemption (notice); or\n- (b) under section 27 , to ask the Regulator to amend or cancel a mass or dimension exemption (permit).\n- (a) developed by the chief executive in relation to the giving of consents as mentioned in sections 20 and 21 ; and\n- (b) as published on the department’s website from time to time.\n- (a) that, under section 641 of the Law , as applied under this division, a dissatisfied person for the decision may apply to the Regulator to have the decision reviewed;\n- (b) that, under section 643 of the Law , as applied under this division, the Regulator must refer the application to the commissioner for review;\n- (c) that the decision of the commissioner on the review is not subject to further review or appeal under the Law .","sortOrder":27},{"sectionNumber":"sec.20","sectionType":"section","heading":"Other consents under s 118 of the Law","content":"### sec.20 Other consents under s 118 of the Law\n\nFor section 118 (1) (c) of the Law , the consent of the commissioner is required for a mass or dimension exemption (notice).\nHowever, a consent is required under subsection (1) for a mass or dimension exemption (notice) only to the extent the exemption applies to any of the following—\nthe use of class 1 heavy vehicles, of more than a width or length prescribed under a regulation for this paragraph, in a critical area or on a critical road;\nthe use of class 1 heavy vehicles, of more than a width or length prescribed under a regulation for this paragraph, in the non-critical area.\nTo remove any doubt, it is declared that subsection (1) , as limited by subsection (2) , is, for section 167 (2) (d) of the Law , a law of this jurisdiction that requires consultation with third parties.\ns 20 ins 2013 No. 4 s 10\namd 2013 No. 26 s 10\n(sec.20-ssec.1) For section 118 (1) (c) of the Law , the consent of the commissioner is required for a mass or dimension exemption (notice).\n(sec.20-ssec.2) However, a consent is required under subsection (1) for a mass or dimension exemption (notice) only to the extent the exemption applies to any of the following— the use of class 1 heavy vehicles, of more than a width or length prescribed under a regulation for this paragraph, in a critical area or on a critical road; the use of class 1 heavy vehicles, of more than a width or length prescribed under a regulation for this paragraph, in the non-critical area.\n(sec.20-ssec.3) To remove any doubt, it is declared that subsection (1) , as limited by subsection (2) , is, for section 167 (2) (d) of the Law , a law of this jurisdiction that requires consultation with third parties.\n- (a) the use of class 1 heavy vehicles, of more than a width or length prescribed under a regulation for this paragraph, in a critical area or on a critical road;\n- (b) the use of class 1 heavy vehicles, of more than a width or length prescribed under a regulation for this paragraph, in the non-critical area.","sortOrder":28},{"sectionNumber":"sec.21","sectionType":"section","heading":"Other consents under s 124 of the Law","content":"### sec.21 Other consents under s 124 of the Law\n\nFor section 124 (1) (c) of the Law , the consent of the commissioner is required for a mass or dimension exemption (permit).\nHowever, a consent is required under subsection (1) for a mass or dimension exemption (permit) only to the extent the exemption applies to any of the following—\nthe use of a class 1 heavy vehicle, of more than a width or length prescribed under a regulation for this paragraph, in a critical area or on a critical road;\nthe use of a class 1 heavy vehicle, of more than a width or length prescribed under a regulation for this paragraph, in the non-critical area.\nTo remove any doubt, it is declared that subsection (1) , as limited by subsection (2) , is, for section 167 (2)(d) of the Law , a law of this jurisdiction that requires consultation with third parties.\ns 21 ins 2013 No. 4 s 10\namd 2013 No. 26 s 11\namd 2025 No. 26 s 4 (uncommenced amendment)\n(sec.21-ssec.1) For section 124 (1) (c) of the Law , the consent of the commissioner is required for a mass or dimension exemption (permit).\n(sec.21-ssec.2) However, a consent is required under subsection (1) for a mass or dimension exemption (permit) only to the extent the exemption applies to any of the following— the use of a class 1 heavy vehicle, of more than a width or length prescribed under a regulation for this paragraph, in a critical area or on a critical road; the use of a class 1 heavy vehicle, of more than a width or length prescribed under a regulation for this paragraph, in the non-critical area.\n(sec.21-ssec.3) To remove any doubt, it is declared that subsection (1) , as limited by subsection (2) , is, for section 167 (2)(d) of the Law , a law of this jurisdiction that requires consultation with third parties.\n- (a) the use of a class 1 heavy vehicle, of more than a width or length prescribed under a regulation for this paragraph, in a critical area or on a critical road;\n- (b) the use of a class 1 heavy vehicle, of more than a width or length prescribed under a regulation for this paragraph, in the non-critical area.","sortOrder":29},{"sectionNumber":"sec.22","sectionType":"section","heading":"Deciding request for consent generally","content":"### sec.22 Deciding request for consent generally\n\nThis section applies if the commissioner’s consent to the grant of a mass or dimension exemption is required as mentioned in section 20 or 21 .\nThe Regulator must ask the commissioner for the consent.\nThe commissioner must decide to give or not to give the consent within 28 days after the request is made.\nThe commissioner may decide not to give the consent only if the commissioner is satisfied—\nthe mass or dimension exemption will, or is likely to, adversely affect public safety; and\nit is not possible to grant the exemption subject to conditions that will avoid, or significantly minimise, the adverse effects, or likely adverse effects, on public safety.\nAlso, in deciding whether or not to give the consent, the commissioner must have regard to the approved guidelines for granting mass or dimension exemptions.\nIf the commissioner decides not to give consent to the grant of the exemption, the commissioner must give the Regulator written reasons for the commissioner’s decision.\nA decision of the commissioner not to give consent to the grant of a mass or dimension exemption (permit) is a commissioner’s refusal decision .\ns 22 ins 2013 No. 4 s 10\n(sec.22-ssec.1) This section applies if the commissioner’s consent to the grant of a mass or dimension exemption is required as mentioned in section 20 or 21 .\n(sec.22-ssec.2) The Regulator must ask the commissioner for the consent.\n(sec.22-ssec.3) The commissioner must decide to give or not to give the consent within 28 days after the request is made.\n(sec.22-ssec.4) The commissioner may decide not to give the consent only if the commissioner is satisfied— the mass or dimension exemption will, or is likely to, adversely affect public safety; and it is not possible to grant the exemption subject to conditions that will avoid, or significantly minimise, the adverse effects, or likely adverse effects, on public safety.\n(sec.22-ssec.5) Also, in deciding whether or not to give the consent, the commissioner must have regard to the approved guidelines for granting mass or dimension exemptions.\n(sec.22-ssec.6) If the commissioner decides not to give consent to the grant of the exemption, the commissioner must give the Regulator written reasons for the commissioner’s decision.\n(sec.22-ssec.7) A decision of the commissioner not to give consent to the grant of a mass or dimension exemption (permit) is a commissioner’s refusal decision .\n- (a) the mass or dimension exemption will, or is likely to, adversely affect public safety; and\n- (b) it is not possible to grant the exemption subject to conditions that will avoid, or significantly minimise, the adverse effects, or likely adverse effects, on public safety.","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":"Imposition of conditions","content":"### sec.23 Imposition of conditions\n\nThe commissioner may decide to consent to the grant of a mass or dimension exemption subject to a condition that a stated public safety condition is imposed on the exemption.\nIf the commissioner decides to consent in a way mentioned in subsection (1) —\nthe commissioner must give the Regulator written reasons for the commissioner’s decision to give consent to the grant of the exemption subject to the imposition of the public safety condition; and\nthe Regulator must impose the public safety condition on the exemption.\nA decision of the commissioner to consent to the grant of a mass or dimension exemption (permit) in a way mentioned in subsection (1) is a commissioner’s conditional decision .\ns 23 ins 2013 No. 4 s 10\n(sec.23-ssec.1) The commissioner may decide to consent to the grant of a mass or dimension exemption subject to a condition that a stated public safety condition is imposed on the exemption.\n(sec.23-ssec.2) If the commissioner decides to consent in a way mentioned in subsection (1) — the commissioner must give the Regulator written reasons for the commissioner’s decision to give consent to the grant of the exemption subject to the imposition of the public safety condition; and the Regulator must impose the public safety condition on the exemption.\n(sec.23-ssec.3) A decision of the commissioner to consent to the grant of a mass or dimension exemption (permit) in a way mentioned in subsection (1) is a commissioner’s conditional decision .\n- (a) the commissioner must give the Regulator written reasons for the commissioner’s decision to give consent to the grant of the exemption subject to the imposition of the public safety condition; and\n- (b) the Regulator must impose the public safety condition on the exemption.","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":"Information notice for decision to refuse application because commissioner did not give consent","content":"### sec.24 Information notice for decision to refuse application because commissioner did not give consent\n\nThis section applies if an application for a mass or dimension exemption (permit) is refused, wholly or partly, because the commissioner has refused to consent to the exemption.\nThe information notice for the decision to refuse the application given to the applicant under section 128 of the Law must state the following, in addition to any other information required to be included in the information notice—\nthat the commissioner has refused to consent to the mass or dimension exemption (permit);\nthe written reasons given for the commissioner’s refusal decision;\nthe review and appeal information for the commissioner’s refusal decision.\ns 24 ins 2013 No. 4 s 10\namd 2025 No. 26 s 5 (uncommenced amendment)\n(sec.24-ssec.1) This section applies if an application for a mass or dimension exemption (permit) is refused, wholly or partly, because the commissioner has refused to consent to the exemption.\n(sec.24-ssec.2) The information notice for the decision to refuse the application given to the applicant under section 128 of the Law must state the following, in addition to any other information required to be included in the information notice— that the commissioner has refused to consent to the mass or dimension exemption (permit); the written reasons given for the commissioner’s refusal decision; the review and appeal information for the commissioner’s refusal decision.\n- (a) that the commissioner has refused to consent to the mass or dimension exemption (permit);\n- (b) the written reasons given for the commissioner’s refusal decision;\n- (c) the review and appeal information for the commissioner’s refusal decision.","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"Information notice for imposition of condition requested by commissioner","content":"### sec.25 Information notice for imposition of condition requested by commissioner\n\nThis section applies if—\nthe Regulator grants a mass or dimension exemption (permit) to a person; and\nthe exemption is subject to a public safety condition required by the commissioner under section 23 .\nIf the Regulator is not otherwise required under section 127 (1) (b) of the Law to give the person an information notice, the Regulator must nevertheless give the person an information notice for the commissioner’s conditional decision.\nIf the Regulator is required under section 127 (1) (b) to give the person an information notice, the information notice must also apply to the commissioner’s conditional decision.\nThe information notice, to the extent it applies to the commissioner’s conditional decision, must state the following—\nthat the commissioner consented to the mass or dimension exemption (permit) on the condition that the public safety condition is imposed on the exemption;\nthe written reasons given for the commissioner’s conditional decision;\nthe review and appeal information for the commissioner’s conditional decision.\ns 25 ins 2013 No. 4 s 10\namd 2025 No. 26 s 6 (uncommenced amendment)\n(sec.25-ssec.1) This section applies if— the Regulator grants a mass or dimension exemption (permit) to a person; and the exemption is subject to a public safety condition required by the commissioner under section 23 .\n(sec.25-ssec.2) If the Regulator is not otherwise required under section 127 (1) (b) of the Law to give the person an information notice, the Regulator must nevertheless give the person an information notice for the commissioner’s conditional decision.\n(sec.25-ssec.3) If the Regulator is required under section 127 (1) (b) to give the person an information notice, the information notice must also apply to the commissioner’s conditional decision.\n(sec.25-ssec.4) The information notice, to the extent it applies to the commissioner’s conditional decision, must state the following— that the commissioner consented to the mass or dimension exemption (permit) on the condition that the public safety condition is imposed on the exemption; the written reasons given for the commissioner’s conditional decision; the review and appeal information for the commissioner’s conditional decision.\n- (a) the Regulator grants a mass or dimension exemption (permit) to a person; and\n- (b) the exemption is subject to a public safety condition required by the commissioner under section 23 .\n- (a) that the commissioner consented to the mass or dimension exemption (permit) on the condition that the public safety condition is imposed on the exemption;\n- (b) the written reasons given for the commissioner’s conditional decision;\n- (c) the review and appeal information for the commissioner’s conditional decision.","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"Amendment or cancellation of mass or dimension exemption (notice) on request by commissioner","content":"### sec.26 Amendment or cancellation of mass or dimension exemption (notice) on request by commissioner\n\nThis section applies if the commissioner is satisfied that the use of heavy vehicles on a road under a mass or dimension exemption (notice) for which the commissioner’s consent was given has adversely affected, or is likely to adversely affect, public safety.\nThe commissioner may ask the Regulator to—\namend the mass or dimension exemption (notice), including, for example, by—\namending the areas or routes to which the exemption applies; or\namending the days or hours to which the exemption applies; or\nimposing or amending public safety conditions; or\ncancel the exemption to the extent that, wholly or partly, the exemption has effect in this jurisdiction.\nThe Regulator must comply with the request.\nThe Regulator must publish notice of the amendment or cancellation—\nin the Commonwealth Gazette; and\non the Regulator’s website; and\nif the Regulator considers it appropriate—in another way, including, for example, in a national newspaper.\nThe amendment or cancellation takes effect—\n28 days after the Commonwealth Gazette notice is published under subsection (4) ; or\nif a later time is stated in the Commonwealth Gazette notice, at the later time.\ns 26 ins 2013 No. 4 s 10\namd 2016 No. 65 s 115\n(sec.26-ssec.1) This section applies if the commissioner is satisfied that the use of heavy vehicles on a road under a mass or dimension exemption (notice) for which the commissioner’s consent was given has adversely affected, or is likely to adversely affect, public safety.\n(sec.26-ssec.2) The commissioner may ask the Regulator to— amend the mass or dimension exemption (notice), including, for example, by— amending the areas or routes to which the exemption applies; or amending the days or hours to which the exemption applies; or imposing or amending public safety conditions; or cancel the exemption to the extent that, wholly or partly, the exemption has effect in this jurisdiction.\n(sec.26-ssec.3) The Regulator must comply with the request.\n(sec.26-ssec.4) The Regulator must publish notice of the amendment or cancellation— in the Commonwealth Gazette; and on the Regulator’s website; and if the Regulator considers it appropriate—in another way, including, for example, in a national newspaper.\n(sec.26-ssec.5) The amendment or cancellation takes effect— 28 days after the Commonwealth Gazette notice is published under subsection (4) ; or if a later time is stated in the Commonwealth Gazette notice, at the later time.\n- (a) amend the mass or dimension exemption (notice), including, for example, by— (i) amending the areas or routes to which the exemption applies; or (ii) amending the days or hours to which the exemption applies; or (iii) imposing or amending public safety conditions; or\n- (i) amending the areas or routes to which the exemption applies; or\n- (ii) amending the days or hours to which the exemption applies; or\n- (iii) imposing or amending public safety conditions; or\n- (b) cancel the exemption to the extent that, wholly or partly, the exemption has effect in this jurisdiction.\n- (i) amending the areas or routes to which the exemption applies; or\n- (ii) amending the days or hours to which the exemption applies; or\n- (iii) imposing or amending public safety conditions; or\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, including, for example, in a national newspaper.\n- (a) 28 days after the Commonwealth Gazette notice is published under subsection (4) ; or\n- (b) if a later time is stated in the Commonwealth Gazette notice, at the later time.","sortOrder":34},{"sectionNumber":"sec.27","sectionType":"section","heading":"Amendment or cancellation of mass or dimension exemption (permit) on request by commissioner","content":"### sec.27 Amendment or cancellation of mass or dimension exemption (permit) on request by commissioner\n\nThis section applies if the commissioner is satisfied that the use of heavy vehicles on a road under a mass or dimension exemption (permit) for which the commissioner’s consent was given has adversely affected, or is likely to adversely affect, public safety.\nThe commissioner may ask the Regulator to—\namend the mass or dimension exemption (permit), including, for example, by—\namending the areas or routes to which the exemption applies; or\namending the days or hours to which the exemption applies; or\nimposing or amending public safety conditions; or\ncancel the exemption to the extent that, wholly or partly, the exemption has effect in this jurisdiction.\nThe Regulator must comply with the request.\nIf the mass or dimension exemption (permit) is amended or cancelled under this section, the Regulator must give the holder of the exemption notice of the amendment or cancellation at least 28 days before the amendment or cancellation is to take effect.\nThe notice given to the holder must state—\nthe day the amendment or cancellation is to take effect; and\nthe reasons given by the commissioner for the amendment or cancellation; and\nthe review and appeal information for the commissioner’s decision.\ns 27 ins 2013 No. 4 s 10\n(sec.27-ssec.1) This section applies if the commissioner is satisfied that the use of heavy vehicles on a road under a mass or dimension exemption (permit) for which the commissioner’s consent was given has adversely affected, or is likely to adversely affect, public safety.\n(sec.27-ssec.2) The commissioner may ask the Regulator to— amend the mass or dimension exemption (permit), including, for example, by— amending the areas or routes to which the exemption applies; or amending the days or hours to which the exemption applies; or imposing or amending public safety conditions; or cancel the exemption to the extent that, wholly or partly, the exemption has effect in this jurisdiction.\n(sec.27-ssec.3) The Regulator must comply with the request.\n(sec.27-ssec.4) If the mass or dimension exemption (permit) is amended or cancelled under this section, the Regulator must give the holder of the exemption notice of the amendment or cancellation at least 28 days before the amendment or cancellation is to take effect.\n(sec.27-ssec.5) The notice given to the holder must state— the day the amendment or cancellation is to take effect; and the reasons given by the commissioner for the amendment or cancellation; and the review and appeal information for the commissioner’s decision.\n- (a) amend the mass or dimension exemption (permit), including, for example, by— (i) amending the areas or routes to which the exemption applies; or (ii) amending the days or hours to which the exemption applies; or (iii) imposing or amending public safety conditions; or\n- (i) amending the areas or routes to which the exemption applies; or\n- (ii) amending the days or hours to which the exemption applies; or\n- (iii) imposing or amending public safety conditions; or\n- (b) cancel the exemption to the extent that, wholly or partly, the exemption has effect in this jurisdiction.\n- (i) amending the areas or routes to which the exemption applies; or\n- (ii) amending the days or hours to which the exemption applies; or\n- (iii) imposing or amending public safety conditions; or\n- (a) the day the amendment or cancellation is to take effect; and\n- (b) the reasons given by the commissioner for the amendment or cancellation; and\n- (c) the review and appeal information for the commissioner’s decision.","sortOrder":35},{"sectionNumber":"sec.28","sectionType":"section","heading":"Reviewable decisions","content":"### sec.28 Reviewable decisions\n\nEach of the following is taken to be a reviewable decision for Chapter 11 of the Law —\na commissioner’s refusal decision;\na commissioner’s conditional decision.\na commissioner’s amendment or cancellation decision.\ns 28 ins 2013 No. 4 s 10\n- (a) a commissioner’s refusal decision;\n- (b) a commissioner’s conditional decision.\n- (c) a commissioner’s amendment or cancellation decision.","sortOrder":36},{"sectionNumber":"sec.29","sectionType":"section","heading":"Applying review and appeal provisions of the Law","content":"### sec.29 Applying review and appeal provisions of the Law\n\nThis section makes special provision about how the Law applies in relation to a commissioner’s refusal decision, a commissioner’s conditional decision or a commissioner’s amendment or cancellation decision (the commissioner’s decision ).\nFor applying section 641 of the Law to the commissioner’s decision, a dissatisfied person includes—\nfor a commissioner’s refusal decision or a commissioner’s conditional decision—the applicant for the mass or dimension exemption (permit) the subject of the decision; and\nfor a commissioner’s amendment or cancellation decision—\nif a mass or dimension exemption (notice) is the subject of the decision—a person adversely affected by the decision; or\nif a mass or dimension exemption (permit) is the subject of the decision—the person to whom the exemption was granted.\nSection 642 of the Law does not apply in relation to the commissioner’s decision.\nFor applying sections 643 to 646 of the Law , a reference to a road manager for a road, or to a road manager, is taken to include a reference to the commissioner.\nThe review decision for the commissioner’s decision can not be the subject of an appeal under Part 11.3 of the Law .\nWithout limiting subsection (5) —\nreferences to an appeal in section 645 of the Law may be ignored; and\nsection 646 (2) of the Law applies only to the extent of section 646 (2) (a) and (b) .\ns 29 ins 2013 No. 4 s 10\n(sec.29-ssec.1) This section makes special provision about how the Law applies in relation to a commissioner’s refusal decision, a commissioner’s conditional decision or a commissioner’s amendment or cancellation decision (the commissioner’s decision ).\n(sec.29-ssec.2) For applying section 641 of the Law to the commissioner’s decision, a dissatisfied person includes— for a commissioner’s refusal decision or a commissioner’s conditional decision—the applicant for the mass or dimension exemption (permit) the subject of the decision; and for a commissioner’s amendment or cancellation decision— if a mass or dimension exemption (notice) is the subject of the decision—a person adversely affected by the decision; or if a mass or dimension exemption (permit) is the subject of the decision—the person to whom the exemption was granted.\n(sec.29-ssec.3) Section 642 of the Law does not apply in relation to the commissioner’s decision.\n(sec.29-ssec.4) For applying sections 643 to 646 of the Law , a reference to a road manager for a road, or to a road manager, is taken to include a reference to the commissioner.\n(sec.29-ssec.5) The review decision for the commissioner’s decision can not be the subject of an appeal under Part 11.3 of the Law .\n(sec.29-ssec.6) Without limiting subsection (5) — references to an appeal in section 645 of the Law may be ignored; and section 646 (2) of the Law applies only to the extent of section 646 (2) (a) and (b) .\n- (a) for a commissioner’s refusal decision or a commissioner’s conditional decision—the applicant for the mass or dimension exemption (permit) the subject of the decision; and\n- (b) for a commissioner’s amendment or cancellation decision— (i) if a mass or dimension exemption (notice) is the subject of the decision—a person adversely affected by the decision; or (ii) if a mass or dimension exemption (permit) is the subject of the decision—the person to whom the exemption was granted.\n- (i) if a mass or dimension exemption (notice) is the subject of the decision—a person adversely affected by the decision; or\n- (ii) if a mass or dimension exemption (permit) is the subject of the decision—the person to whom the exemption was granted.\n- (i) if a mass or dimension exemption (notice) is the subject of the decision—a person adversely affected by the decision; or\n- (ii) if a mass or dimension exemption (permit) is the subject of the decision—the person to whom the exemption was granted.\n- (a) references to an appeal in section 645 of the Law may be ignored; and\n- (b) section 646 (2) of the Law applies only to the extent of section 646 (2) (a) and (b) .","sortOrder":37},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Additional evidentiary provisions","content":"## Additional evidentiary provisions","sortOrder":38},{"sectionNumber":"sec.30","sectionType":"section","heading":"Additional Regulator certificates","content":"### sec.30 Additional Regulator certificates\n\nA certificate purporting to be issued by the Regulator and stating that, at a stated time or during a stated period or by a stated day—\na stated thing was the property of the Regulator; or\na stated sign was or was not an official traffic sign, contained stated words or was on a stated place; or\na stated vehicle was or was not inspected under the Law ; or\na stated vehicle was or was not inspected in compliance with a stated requirement made by an authorised officer; or\nan inspection of a stated vehicle under the Law gave stated results; or\na stated application, or another stated document required to be lodged under the Law , was or was not received by the Regulator; or\na stated report or stated information required to be given to the Regulator under the Law was received or was not received by the Regulator; or\nno report or information of a stated type, required to be given to the Regulator under the Law , was received by the Regulator; or\na stated vehicle was or was not of a stated type, or was carrying stated goods; or\na stated heavy vehicle was or was not, whether generally or for the purposes of stated circumstances, insured in accordance with the requirements of any third party insurance legislation applying to the vehicle; or\na stated copy of a document was a copy of a document issued, or required to be kept, under the Law ; or\na stated document was a manufacturer’s specification for a stated type of vehicle;\na stated vehicle’s GCM or GVM was a stated amount, and how the amount was identified;\nis evidence of the matter.\nSubsection (1) does not limit section 711 of the Law .\nSection 715 of the Law applies to a matter mentioned in subsection (1) (a) to (m) as if the matter was stated in a certificate under section 711 of the Law .\ns 30 ins 2013 No. 4 s 10\namd 2013 No. 26 s 12\n(sec.30-ssec.1) A certificate purporting to be issued by the Regulator and stating that, at a stated time or during a stated period or by a stated day— a stated thing was the property of the Regulator; or a stated sign was or was not an official traffic sign, contained stated words or was on a stated place; or a stated vehicle was or was not inspected under the Law ; or a stated vehicle was or was not inspected in compliance with a stated requirement made by an authorised officer; or an inspection of a stated vehicle under the Law gave stated results; or a stated application, or another stated document required to be lodged under the Law , was or was not received by the Regulator; or a stated report or stated information required to be given to the Regulator under the Law was received or was not received by the Regulator; or no report or information of a stated type, required to be given to the Regulator under the Law , was received by the Regulator; or a stated vehicle was or was not of a stated type, or was carrying stated goods; or a stated heavy vehicle was or was not, whether generally or for the purposes of stated circumstances, insured in accordance with the requirements of any third party insurance legislation applying to the vehicle; or a stated copy of a document was a copy of a document issued, or required to be kept, under the Law ; or a stated document was a manufacturer’s specification for a stated type of vehicle; a stated vehicle’s GCM or GVM was a stated amount, and how the amount was identified; is evidence of the matter.\n(sec.30-ssec.2) Subsection (1) does not limit section 711 of the Law .\n(sec.30-ssec.3) Section 715 of the Law applies to a matter mentioned in subsection (1) (a) to (m) as if the matter was stated in a certificate under section 711 of the Law .\n- (a) a stated thing was the property of the Regulator; or\n- (b) a stated sign was or was not an official traffic sign, contained stated words or was on a stated place; or\n- (c) a stated vehicle was or was not inspected under the Law ; or\n- (d) a stated vehicle was or was not inspected in compliance with a stated requirement made by an authorised officer; or\n- (e) an inspection of a stated vehicle under the Law gave stated results; or\n- (f) a stated application, or another stated document required to be lodged under the Law , was or was not received by the Regulator; or\n- (g) a stated report or stated information required to be given to the Regulator under the Law was received or was not received by the Regulator; or\n- (h) no report or information of a stated type, required to be given to the Regulator under the Law , was received by the Regulator; or\n- (i) a stated vehicle was or was not of a stated type, or was carrying stated goods; or\n- (j) a stated heavy vehicle was or was not, whether generally or for the purposes of stated circumstances, insured in accordance with the requirements of any third party insurance legislation applying to the vehicle; or\n- (k) a stated copy of a document was a copy of a document issued, or required to be kept, under the Law ; or\n- (l) a stated document was a manufacturer’s specification for a stated type of vehicle;\n- (m) a stated vehicle’s GCM or GVM was a stated amount, and how the amount was identified;","sortOrder":39},{"sectionNumber":"sec.31","sectionType":"section","heading":"Additional road authority certificates","content":"### sec.31 Additional road authority certificates\n\nA certificate purporting to be issued by the entity that, under section 11 , is the road authority for this jurisdiction, and stating that, at a stated time or during a stated period—\nstated particulars existed in relation to a stated conviction, disqualification, suspension, cancellation, licence or other stated matter under a transport Act or a corresponding law to a transport Act; or\na stated copy of a document was a copy of a document issued, or required to be kept, under a transport Act or a corresponding law to a transport Act; or\na stated entity was a corresponding authority; or\na stated vehicle was or was not inspected under a transport Act; or\nan inspection of a stated vehicle under a transport Act gave stated results; or\na stated vehicle’s GCM or GVM was a stated amount, and how the amount was identified; or\na stated vehicle was or was not registered under TORUM as a heavy vehicle; or\na stated vehicle registered under TORUM was or was not registered as a heavy vehicle of a stated category; or\na stated person was or was not the registered operator, under TORUM , of a stated vehicle; or\na stated registration under TORUM was or was not amended or cancelled under that Act;\nis evidence of the matter.\nSubsection (1) does not limit section 712 of the Law .\nSection 715 of the Law applies to a matter mentioned in subsection (1) (a) to (f) as if the matter was stated in a certificate under section 712 of the Law .\nIn this section—\ncorresponding authority see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .\ncorresponding law see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .\ns 31 ins 2013 No. 4 s 10\namd 2013 No. 26 s 13 ; 2018 No. 10 s 8\n(sec.31-ssec.1) A certificate purporting to be issued by the entity that, under section 11 , is the road authority for this jurisdiction, and stating that, at a stated time or during a stated period— stated particulars existed in relation to a stated conviction, disqualification, suspension, cancellation, licence or other stated matter under a transport Act or a corresponding law to a transport Act; or a stated copy of a document was a copy of a document issued, or required to be kept, under a transport Act or a corresponding law to a transport Act; or a stated entity was a corresponding authority; or a stated vehicle was or was not inspected under a transport Act; or an inspection of a stated vehicle under a transport Act gave stated results; or a stated vehicle’s GCM or GVM was a stated amount, and how the amount was identified; or a stated vehicle was or was not registered under TORUM as a heavy vehicle; or a stated vehicle registered under TORUM was or was not registered as a heavy vehicle of a stated category; or a stated person was or was not the registered operator, under TORUM , of a stated vehicle; or a stated registration under TORUM was or was not amended or cancelled under that Act; is evidence of the matter.\n(sec.31-ssec.2) Subsection (1) does not limit section 712 of the Law .\n(sec.31-ssec.3) Section 715 of the Law applies to a matter mentioned in subsection (1) (a) to (f) as if the matter was stated in a certificate under section 712 of the Law .\n(sec.31-ssec.4) In this section— corresponding authority see the Transport Operations (Road Use Management) Act 1995 , schedule 4 . corresponding law see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .\n- (a) stated particulars existed in relation to a stated conviction, disqualification, suspension, cancellation, licence or other stated matter under a transport Act or a corresponding law to a transport Act; or\n- (b) a stated copy of a document was a copy of a document issued, or required to be kept, under a transport Act or a corresponding law to a transport Act; or\n- (c) a stated entity was a corresponding authority; or\n- (d) a stated vehicle was or was not inspected under a transport Act; or\n- (e) an inspection of a stated vehicle under a transport Act gave stated results; or\n- (f) a stated vehicle’s GCM or GVM was a stated amount, and how the amount was identified; or\n- (g) a stated vehicle was or was not registered under TORUM as a heavy vehicle; or\n- (h) a stated vehicle registered under TORUM was or was not registered as a heavy vehicle of a stated category; or\n- (i) a stated person was or was not the registered operator, under TORUM , of a stated vehicle; or\n- (j) a stated registration under TORUM was or was not amended or cancelled under that Act;","sortOrder":40},{"sectionNumber":"sec.32","sectionType":"section","heading":"Evidence of contents of document examined by authorised officer","content":"### sec.32 Evidence of contents of document examined by authorised officer\n\nEvidence by an authorised officer of the contents of a document issued, or required to be kept, under the Law , that was examined by the officer while it was in someone else’s possession, may be given by the officer without the document being produced.\nAn authorised officer who examines a driver’s work diary may return the work diary to the driver to enable the driver to continue driving. The officer may give evidence of the contents of the work diary without producing it.\ns 32 ins 2013 No. 4 s 10","sortOrder":41},{"sectionNumber":"sec.33","sectionType":"section","heading":"Averments","content":"### sec.33 Averments\n\nIn a proceeding for an offence against the Law , a statement in the complaint for the offence that—\nat a stated time or during a stated period—\na stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 of any particular class or type; or\na stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 authorising the holder to drive a motor vehicle on a stated road; or\nany distance mentioned in the complaint is or was a stated distance or is or was greater or less than a stated distance;\nis evidence of the matter.\nSection 715 of the Law applies to the matter mentioned in subsection (1) (b) as if the matter were a matter stated in a certificate to which the section applies.\ns 33 ins 2013 No. 4 s 10\n(sec.33-ssec.1) In a proceeding for an offence against the Law , a statement in the complaint for the offence that— at a stated time or during a stated period— a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 of any particular class or type; or a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 authorising the holder to drive a motor vehicle on a stated road; or any distance mentioned in the complaint is or was a stated distance or is or was greater or less than a stated distance; is evidence of the matter.\n(sec.33-ssec.2) Section 715 of the Law applies to the matter mentioned in subsection (1) (b) as if the matter were a matter stated in a certificate to which the section applies.\n- (a) at a stated time or during a stated period— (i) a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 of any particular class or type; or (ii) a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 authorising the holder to drive a motor vehicle on a stated road; or\n- (i) a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 of any particular class or type; or\n- (ii) a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 authorising the holder to drive a motor vehicle on a stated road; or\n- (b) any distance mentioned in the complaint is or was a stated distance or is or was greater or less than a stated distance;\n- (i) a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 of any particular class or type; or\n- (ii) a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 authorising the holder to drive a motor vehicle on a stated road; or","sortOrder":42},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Special provisions about Regulator","content":"## Special provisions about Regulator","sortOrder":43},{"sectionNumber":"sec.34","sectionType":"section","heading":"Declarations about industrial relations status of Regulator","content":"### sec.34 Declarations about industrial relations status of Regulator\n\nIt is declared that —\nthe Regulator is not a public sector employer for the purposes of the Fair Work (Commonwealth Powers) and Other Provisions Act 2009 ; and\nit is the intention of the Parliament that the Regulator be a national system employer for the purposes of the Fair Work Act 2009 (Cwlth) .\nNo Act of Queensland can have effect to stop the Regulator from being a national system employer for the purposes of the Fair Work Act 2009 (Cwlth) .\ns 34 ins 2013 No. 4 s 10\n(sec.34-ssec.1) It is declared that — the Regulator is not a public sector employer for the purposes of the Fair Work (Commonwealth Powers) and Other Provisions Act 2009 ; and it is the intention of the Parliament that the Regulator be a national system employer for the purposes of the Fair Work Act 2009 (Cwlth) .\n(sec.34-ssec.2) No Act of Queensland can have effect to stop the Regulator from being a national system employer for the purposes of the Fair Work Act 2009 (Cwlth) .\n- (a) the Regulator is not a public sector employer for the purposes of the Fair Work (Commonwealth Powers) and Other Provisions Act 2009 ; and\n- (b) it is the intention of the Parliament that the Regulator be a national system employer for the purposes of the Fair Work Act 2009 (Cwlth) .","sortOrder":44},{"sectionNumber":"pt.4-div.4A","sectionType":"division","heading":"Transfer of particular employees, vehicles and proceedings","content":"## Transfer of particular employees, vehicles and proceedings","sortOrder":45},{"sectionNumber":"sec.34A","sectionType":"section","heading":"Definitions for division","content":"### sec.34A Definitions for division\n\nIn this division—\ndirective means a directive made under the Public Sector Act 2022 .\nTMR means the department administering the Transport Operations (Road Use Management) Act 1995 .\ntransfer day see section 34B (2) .\ntransferring employee means an employee of TMR identified in a transfer schedule.\ntransfer schedule see section 34B (1) .\ns 34A ins 2024 No. 2 s 6","sortOrder":46},{"sectionNumber":"sec.34B","sectionType":"section","heading":"Transfer schedule","content":"### sec.34B Transfer schedule\n\nThe Minister may make 1 or more schedules (a transfer schedule ) identifying the following matters—\nthe employees of TMR that are to be transferred to the Regulator under this division;\nthe directives that are to apply to an employee mentioned in paragraph (a) for the purpose of section 34C ;\nthe vehicles operated by the State that are to be transferred to the Regulator and to which section 34E applies.\nIf a transfer schedule identifies employees or vehicles for the purpose of transferring the employees or vehicles to the Regulator, the Minister must state in the schedule the day (the transfer day ) the employees or vehicles are transferred to the Regulator under this division.\ns 34B ins 2024 No. 2 s 6\n(sec.34B-ssec.1) The Minister may make 1 or more schedules (a transfer schedule ) identifying the following matters— the employees of TMR that are to be transferred to the Regulator under this division; the directives that are to apply to an employee mentioned in paragraph (a) for the purpose of section 34C ; the vehicles operated by the State that are to be transferred to the Regulator and to which section 34E applies.\n(sec.34B-ssec.2) If a transfer schedule identifies employees or vehicles for the purpose of transferring the employees or vehicles to the Regulator, the Minister must state in the schedule the day (the transfer day ) the employees or vehicles are transferred to the Regulator under this division.\n- (a) the employees of TMR that are to be transferred to the Regulator under this division;\n- (b) the directives that are to apply to an employee mentioned in paragraph (a) for the purpose of section 34C ;\n- (c) the vehicles operated by the State that are to be transferred to the Regulator and to which section 34E applies.","sortOrder":47},{"sectionNumber":"sec.34C","sectionType":"section","heading":"Transferring TMR employees","content":"### sec.34C Transferring TMR employees\n\nOn the transfer day—\na transferring employee ceases to be an employee of TMR; and\na transferring employee becomes an employee of the Regulator; and\nTMR’s records, to the extent they relate to the employment of transferring employees, become records of the Regulator; and\nTMR’s liabilities relating to a transferring employee’s accrued rights to annual, sick, long service or other leave become the liabilities of the Regulator.\nThe Regulator and TMR must do all things necessary to enable the transfer of a transferring employee under subsection (1) .\nTMR may retain copies of the records mentioned in subsection (1) (c) .\nTMR must pay to the Regulator an amount equivalent to the liabilities of TMR mentioned in subsection (1) (d) .\nA reference in this section to an employee’s rights to recreation, sick, long service or other leave includes a reference to the employee’s rights under a directive identified in a transfer schedule for the employee as that directive applies to the employee on the transfer day.\ns 34C ins 2024 No. 2 s 6\n(sec.34C-ssec.1) On the transfer day— a transferring employee ceases to be an employee of TMR; and a transferring employee becomes an employee of the Regulator; and TMR’s records, to the extent they relate to the employment of transferring employees, become records of the Regulator; and TMR’s liabilities relating to a transferring employee’s accrued rights to annual, sick, long service or other leave become the liabilities of the Regulator.\n(sec.34C-ssec.2) The Regulator and TMR must do all things necessary to enable the transfer of a transferring employee under subsection (1) .\n(sec.34C-ssec.3) TMR may retain copies of the records mentioned in subsection (1) (c) .\n(sec.34C-ssec.4) TMR must pay to the Regulator an amount equivalent to the liabilities of TMR mentioned in subsection (1) (d) .\n(sec.34C-ssec.5) A reference in this section to an employee’s rights to recreation, sick, long service or other leave includes a reference to the employee’s rights under a directive identified in a transfer schedule for the employee as that directive applies to the employee on the transfer day.\n- (a) a transferring employee ceases to be an employee of TMR; and\n- (b) a transferring employee becomes an employee of the Regulator; and\n- (c) TMR’s records, to the extent they relate to the employment of transferring employees, become records of the Regulator; and\n- (d) TMR’s liabilities relating to a transferring employee’s accrued rights to annual, sick, long service or other leave become the liabilities of the Regulator.","sortOrder":48},{"sectionNumber":"sec.34D","sectionType":"section","heading":"Rights of transferring employees","content":"### sec.34D Rights of transferring employees\n\nThe transfer of an employee of TMR under section 34C does not—\naffect the employee’s benefits, entitlements or remuneration; or\nprejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\ninterrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\nentitle the employee to a payment or other benefit from the State because the employee is no longer employed by TMR; or\nrequire TMR to make any payment to the employee in relation to the employee’s accrued rights to recreation, sick, long service or other leave.\nDespite any other law, employment arrangement or directive, the transfer of an employee under section 34C (1) (a) does not—\nentitle the transferring employee to a payment or other benefit for a retrenchment or redundancy; or\nrequire TMR or the State to find the employee alternative employment.\nA reference in this section to an employee’s benefits, entitlements or remuneration, or rights to superannuation or recreation, sick, long service or other leave, includes a reference to the employee’s benefits, entitlements, remuneration or rights under a directive identified in a transfer schedule for the employee as that directive applies to the employee on the transfer day.\nA directive identified in a transfer schedule that is not a copied State instrument under the Fair Work Act 2009 (Cwlth) ceases to operate for a transferring employee when the directives that are copied State instruments under the Fair Work Act 2009 (Cwlth) cease to operate under section 768AO of that Act.\nIn this section—\ncopied State instrument see the Fair Work Act 2009 (Cwlth) , section 768AH .\ns 34D ins 2024 No. 2 s 6\n(sec.34D-ssec.1) The transfer of an employee of TMR under section 34C does not— affect the employee’s benefits, entitlements or remuneration; or prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or entitle the employee to a payment or other benefit from the State because the employee is no longer employed by TMR; or require TMR to make any payment to the employee in relation to the employee’s accrued rights to recreation, sick, long service or other leave.\n(sec.34D-ssec.2) Despite any other law, employment arrangement or directive, the transfer of an employee under section 34C (1) (a) does not— entitle the transferring employee to a payment or other benefit for a retrenchment or redundancy; or require TMR or the State to find the employee alternative employment.\n(sec.34D-ssec.3) A reference in this section to an employee’s benefits, entitlements or remuneration, or rights to superannuation or recreation, sick, long service or other leave, includes a reference to the employee’s benefits, entitlements, remuneration or rights under a directive identified in a transfer schedule for the employee as that directive applies to the employee on the transfer day.\n(sec.34D-ssec.4) A directive identified in a transfer schedule that is not a copied State instrument under the Fair Work Act 2009 (Cwlth) ceases to operate for a transferring employee when the directives that are copied State instruments under the Fair Work Act 2009 (Cwlth) cease to operate under section 768AO of that Act.\n(sec.34D-ssec.5) In this section— copied State instrument see the Fair Work Act 2009 (Cwlth) , section 768AH .\n- (a) affect the employee’s benefits, entitlements or remuneration; or\n- (b) prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\n- (c) interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\n- (d) entitle the employee to a payment or other benefit from the State because the employee is no longer employed by TMR; or\n- (e) require TMR to make any payment to the employee in relation to the employee’s accrued rights to recreation, sick, long service or other leave.\n- (a) entitle the transferring employee to a payment or other benefit for a retrenchment or redundancy; or\n- (b) require TMR or the State to find the employee alternative employment.","sortOrder":49},{"sectionNumber":"sec.34E","sectionType":"section","heading":"Transferring vehicles","content":"### sec.34E Transferring vehicles\n\nThis section applies to a vehicle operated by the State identified in a transfer schedule and transferred to the Regulator.\nThe State and the Regulator are exempt from complying with a process or requirement under the following laws that the entities would otherwise be required to comply with for the purpose of registering or recording the transfer of the vehicle—\nthe Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 , part 3 , division 3 ;\nthe Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , part 6 .\ns 34E ins 2024 No. 2 s 6\n(sec.34E-ssec.1) This section applies to a vehicle operated by the State identified in a transfer schedule and transferred to the Regulator.\n(sec.34E-ssec.2) The State and the Regulator are exempt from complying with a process or requirement under the following laws that the entities would otherwise be required to comply with for the purpose of registering or recording the transfer of the vehicle— the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 , part 3 , division 3 ; the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , part 6 .\n- (a) the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 , part 3 , division 3 ;\n- (b) the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , part 6 .","sortOrder":50},{"sectionNumber":"sec.34F","sectionType":"section","heading":"Current proceedings","content":"### sec.34F Current proceedings\n\nIf a proceeding by or against TMR, relating to an employee transferred under section 34C , has not been concluded before the transfer day—\nthe proceeding must be continued and concluded by or against TMR; and\nTMR is liable for any liability of TMR that arose before the transfer day, or arises after the transfer day, as a result of—\nthe proceeding; or\na judgment debt\na liability incurred as a result of discontinuing the proceeding\ncosts of the proceeding\nan act or omission that is the subject of the proceeding.\ns 34F ins 2024 No. 2 s 6\n- (a) the proceeding must be continued and concluded by or against TMR; and\n- (b) TMR is liable for any liability of TMR that arose before the transfer day, or arises after the transfer day, as a result of— (i) the proceeding; or Examples of liabilities for subparagraph (i) — • a judgment debt • a liability incurred as a result of discontinuing the proceeding • costs of the proceeding (ii) an act or omission that is the subject of the proceeding.\n- (i) the proceeding; or Examples of liabilities for subparagraph (i) — • a judgment debt • a liability incurred as a result of discontinuing the proceeding • costs of the proceeding\n- • a judgment debt\n- • a liability incurred as a result of discontinuing the proceeding\n- • costs of the proceeding\n- (ii) an act or omission that is the subject of the proceeding.\n- (i) the proceeding; or Examples of liabilities for subparagraph (i) — • a judgment debt • a liability incurred as a result of discontinuing the proceeding • costs of the proceeding\n- • a judgment debt\n- • a liability incurred as a result of discontinuing the proceeding\n- • costs of the proceeding\n- (ii) an act or omission that is the subject of the proceeding.\n- • a judgment debt\n- • a liability incurred as a result of discontinuing the proceeding\n- • costs of the proceeding","sortOrder":51},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Other specific provisions","content":"## Other specific provisions","sortOrder":52},{"sectionNumber":"sec.35","sectionType":"section","heading":"Application of particular provisions to police officers","content":"### sec.35 Application of particular provisions to police officers\n\nA provision of Chapter 9 of the Heavy Vehicle National Law (Queensland) that corresponds to a provision of the Police Powers and Responsibilities Act 2000 does not apply to an authorised officer who is a police officer.\ns 35 (prev s 18) renum 2013 No. 4 s 9","sortOrder":53},{"sectionNumber":"sec.36","sectionType":"section","heading":"Review of decision by QCAT as relevant tribunal or court","content":"### sec.36 Review of decision by QCAT as relevant tribunal or court\n\nA reference in the Heavy Vehicle National Law (Queensland) to an appeal against a decision is, for an appeal to QCAT as the relevant tribunal or court, a reference to a review of the decision as provided under the QCAT Act .\ns 36 (prev s 19) renum 2013 No. 4 s 9","sortOrder":54},{"sectionNumber":"sec.37","sectionType":"section","heading":"Use of force","content":"### sec.37 Use of force\n\nFor section 491 (2) of the Law , a police officer is authorised to use force against a person in the exercise or purported exercise of a function under Chapter 9 of the Law if the Police Powers and Responsibilities Act 2000 authorises the police officer to use the force against the person.\nFor section 492 (1)(b) of the Law , the exercise of the power to use force against property is authorised for the purposes of the following provisions of the Law —\nsection 497 (4) (a) ;\nsection 498 (6) ;\nsection 500 (2) (c) ;\nsection 518 (6) (b) ;\nsection 519 (7) ;\nsection 521 (1) ;\nsection 523 (2) .\ns 37 ins 2013 No. 26 s 15\n(sec.37-ssec.1) For section 491 (2) of the Law , a police officer is authorised to use force against a person in the exercise or purported exercise of a function under Chapter 9 of the Law if the Police Powers and Responsibilities Act 2000 authorises the police officer to use the force against the person.\n(sec.37-ssec.2) For section 492 (1)(b) of the Law , the exercise of the power to use force against property is authorised for the purposes of the following provisions of the Law — section 497 (4) (a) ; section 498 (6) ; section 500 (2) (c) ; section 518 (6) (b) ; section 519 (7) ; section 521 (1) ; section 523 (2) .\n- (a) section 497 (4) (a) ;\n- (b) section 498 (6) ;\n- (c) section 500 (2) (c) ;\n- (d) section 518 (6) (b) ;\n- (e) section 519 (7) ;\n- (f) section 521 (1) ;\n- (g) section 523 (2) .","sortOrder":55},{"sectionNumber":"sec.38","sectionType":"section","heading":"Power to seize","content":"### sec.38 Power to seize\n\nIf, apart from section 552 (1) of the Law , a heavy vehicle, or a thing mentioned in section 552 (1)(b) of the Law , is a thing that may be seized under Chapter 9 of the Law , it may be seized under Chapter 9 of the Law despite section 552 (1).\ns 38 ins 2013 No. 26 s 15","sortOrder":56},{"sectionNumber":"sec.39","sectionType":"section","heading":"Power to require production of driver licence","content":"### sec.39 Power to require production of driver licence\n\nAn authorised officer may, for compliance purposes, require the driver of a heavy vehicle to produce for inspection by the officer the driver’s driver licence.\nA person of whom a requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—45 penalty units.\nIt is not a reasonable excuse for the person to fail to comply with a requirement made under subsection (1) —\nthat the person does not have the driver licence in his or her immediate possession; or\nthat complying with the requirement might tend to incriminate the person or make the person liable to a penalty.\nThe authorised officer may take a copy of, or an extract from, the driver’s driver licence.\ns 39 ins 2013 No. 26 s 15\nom 2025 No. 26 s 7 (uncommenced amendment)\n(sec.39-ssec.1) An authorised officer may, for compliance purposes, require the driver of a heavy vehicle to produce for inspection by the officer the driver’s driver licence.\n(sec.39-ssec.2) A person of whom a requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—45 penalty units.\n(sec.39-ssec.3) It is not a reasonable excuse for the person to fail to comply with a requirement made under subsection (1) — that the person does not have the driver licence in his or her immediate possession; or that complying with the requirement might tend to incriminate the person or make the person liable to a penalty.\n(sec.39-ssec.4) The authorised officer may take a copy of, or an extract from, the driver’s driver licence.\n- (a) that the person does not have the driver licence in his or her immediate possession; or\n- (b) that complying with the requirement might tend to incriminate the person or make the person liable to a penalty.","sortOrder":57},{"sectionNumber":"sec.40","sectionType":"section","heading":"Commissioner consent for grant of blue light vehicle standards exemption","content":"### sec.40 Commissioner consent for grant of blue light vehicle standards exemption\n\nThe Regulator may, under the Law , grant a blue light vehicle standards exemption only with the consent of the commissioner.\nThe Regulator must ask the commissioner for the consent.\nThe commissioner must decide to give or not to give the consent within 28 days after the request is made.\nThe commissioner may decide to give the consent only if the commissioner is satisfied that the blue light vehicle standards exemption will not, or is not likely to, adversely affect public safety.\nWithout limiting subsection (4) , the commissioner must be satisfied that the exemption will not, or is not likely to, operate to reduce the effectiveness of using blue lights to clearly identify to other road users vehicles being used for law enforcement or for an emergency.\nAlso, in deciding whether or not to give the consent, the commissioner must have regard to the approved guidelines for granting vehicle standards exemptions.\nThe commissioner may decide to consent to the grant of a blue light vehicle standards exemption subject to a condition that a stated public safety condition is imposed on the exemption.\nIf the commissioner decides to consent in a way mentioned in subsection (7) , the Regulator must impose the public safety condition on the exemption.\nSection 26 applies to a blue light vehicle standards exemption (notice) as if the exemption were a mass or dimension exemption (notice) for which the commissioner’s consent was given.\nSection 27 , other than section 27 (5) (b) and (c) , applies to a blue light vehicle standards exemption (permit) as if the exemption were a mass or dimension exemption (permit) for which the commissioner’s consent was given.\nThis section applies in relation to a blue light whether or not it is a light that flashes.\nIn this section—\nblue light vehicle standards exemption means—\na blue light vehicle standards exemption (notice); or\na blue light vehicle standards exemption (permit).\nblue light vehicle standards exemption (notice) means a vehicle standards exemption (notice) that permits heavy vehicles of the category the subject of the exemption to be fitted with a blue light.\nblue light vehicle standards exemption (permit) means a vehicle standards exemption (permit) that permits the heavy vehicle the subject of the exemption to be fitted with a blue light.\ns 40 ins 2013 No. 26 s 15\n(sec.40-ssec.1) The Regulator may, under the Law , grant a blue light vehicle standards exemption only with the consent of the commissioner.\n(sec.40-ssec.2) The Regulator must ask the commissioner for the consent.\n(sec.40-ssec.3) The commissioner must decide to give or not to give the consent within 28 days after the request is made.\n(sec.40-ssec.4) The commissioner may decide to give the consent only if the commissioner is satisfied that the blue light vehicle standards exemption will not, or is not likely to, adversely affect public safety.\n(sec.40-ssec.5) Without limiting subsection (4) , the commissioner must be satisfied that the exemption will not, or is not likely to, operate to reduce the effectiveness of using blue lights to clearly identify to other road users vehicles being used for law enforcement or for an emergency.\n(sec.40-ssec.6) Also, in deciding whether or not to give the consent, the commissioner must have regard to the approved guidelines for granting vehicle standards exemptions.\n(sec.40-ssec.7) The commissioner may decide to consent to the grant of a blue light vehicle standards exemption subject to a condition that a stated public safety condition is imposed on the exemption.\n(sec.40-ssec.8) If the commissioner decides to consent in a way mentioned in subsection (7) , the Regulator must impose the public safety condition on the exemption.\n(sec.40-ssec.9) Section 26 applies to a blue light vehicle standards exemption (notice) as if the exemption were a mass or dimension exemption (notice) for which the commissioner’s consent was given.\n(sec.40-ssec.10) Section 27 , other than section 27 (5) (b) and (c) , applies to a blue light vehicle standards exemption (permit) as if the exemption were a mass or dimension exemption (permit) for which the commissioner’s consent was given.\n(sec.40-ssec.11) This section applies in relation to a blue light whether or not it is a light that flashes.\n(sec.40-ssec.12) In this section— blue light vehicle standards exemption means— a blue light vehicle standards exemption (notice); or a blue light vehicle standards exemption (permit). blue light vehicle standards exemption (notice) means a vehicle standards exemption (notice) that permits heavy vehicles of the category the subject of the exemption to be fitted with a blue light. blue light vehicle standards exemption (permit) means a vehicle standards exemption (permit) that permits the heavy vehicle the subject of the exemption to be fitted with a blue light.\n- (a) a blue light vehicle standards exemption (notice); or\n- (b) a blue light vehicle standards exemption (permit).","sortOrder":58},{"sectionNumber":"sec.41","sectionType":"section","heading":"Commissioner permission for fitting of blue light if vehicle standards exemption is not required","content":"### sec.41 Commissioner permission for fitting of blue light if vehicle standards exemption is not required\n\nThis section applies to a heavy vehicle, other than a police vehicle, that under the heavy vehicle standards may be fitted with a blue light.\nThe heavy vehicle standards are taken to further provide that the heavy vehicle may be fitted with a blue light only if the commissioner has given written permission for the fitting of the light.\nA written permission for the fitting with a blue light of a heavy vehicle to which this section applies, given by the commissioner before the commencement of this section and still in force immediately before the commencement, is taken to be a written permission for the fitting of the light given under subsection (2) .\nThis section applies in relation to a blue light whether or not it is a light that flashes.\nIn this section—\npolice vehicle means a heavy vehicle driven by a police officer in the course of the police officer’s duty.\ns 41 ins 2013 No. 26 s 15\n(sec.41-ssec.1) This section applies to a heavy vehicle, other than a police vehicle, that under the heavy vehicle standards may be fitted with a blue light.\n(sec.41-ssec.2) The heavy vehicle standards are taken to further provide that the heavy vehicle may be fitted with a blue light only if the commissioner has given written permission for the fitting of the light.\n(sec.41-ssec.3) A written permission for the fitting with a blue light of a heavy vehicle to which this section applies, given by the commissioner before the commencement of this section and still in force immediately before the commencement, is taken to be a written permission for the fitting of the light given under subsection (2) .\n(sec.41-ssec.4) This section applies in relation to a blue light whether or not it is a light that flashes.\n(sec.41-ssec.5) In this section— police vehicle means a heavy vehicle driven by a police officer in the course of the police officer’s duty.","sortOrder":59},{"sectionNumber":"sec.42","sectionType":"section","heading":"Provision of information and assistance by Queensland information holder","content":"### sec.42 Provision of information and assistance by Queensland information holder\n\nDespite any other Act or law, a Queensland information holder is authorised, on the Queensland information holder’s own initiative or at the request of the Regulator—\nto provide the Regulator with information (including personal information and information given in confidence) held by the department and reasonably required by the Regulator for administering the Law ; and\nto provide the Regulator with other assistance reasonably required by the Regulator to exercise a function under the Law .\nTo remove any doubt, it is declared that information given to the Regulator as authorised under subsection (1) is taken to be information obtained in the course of administering the Law , as mentioned in section 727 (1), definition protected information , paragraph (a) of the Law .\nThis section does not limit section 660 of the Law .\nNothing done, or authorised to be done, by a Queensland information holder in acting under subsection (1) —\nconstitutes a breach of, or default under, an Act or other law; or\nconstitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\nconstitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or\nconstitutes a civil or criminal wrong; or\nterminates an agreement or obligation, or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or\nreleases a surety or any other obligee wholly or in part from an obligation.\nIn this section—\nQueensland information holder means—\nthe chief executive; or\nan officer or employee of the department who has access to information held by the department in the ordinary course of performing duties in the department.\ns 42 ins 2013 No. 26 s 15\n(sec.42-ssec.1) Despite any other Act or law, a Queensland information holder is authorised, on the Queensland information holder’s own initiative or at the request of the Regulator— to provide the Regulator with information (including personal information and information given in confidence) held by the department and reasonably required by the Regulator for administering the Law ; and to provide the Regulator with other assistance reasonably required by the Regulator to exercise a function under the Law .\n(sec.42-ssec.2) To remove any doubt, it is declared that information given to the Regulator as authorised under subsection (1) is taken to be information obtained in the course of administering the Law , as mentioned in section 727 (1), definition protected information , paragraph (a) of the Law .\n(sec.42-ssec.3) This section does not limit section 660 of the Law .\n(sec.42-ssec.4) Nothing done, or authorised to be done, by a Queensland information holder in acting under subsection (1) — constitutes a breach of, or default under, an Act or other law; or constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or constitutes a civil or criminal wrong; or terminates an agreement or obligation, or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or releases a surety or any other obligee wholly or in part from an obligation.\n(sec.42-ssec.5) In this section— Queensland information holder means— the chief executive; or an officer or employee of the department who has access to information held by the department in the ordinary course of performing duties in the department.\n- (a) to provide the Regulator with information (including personal information and information given in confidence) held by the department and reasonably required by the Regulator for administering the Law ; and\n- (b) to provide the Regulator with other assistance reasonably required by the Regulator to exercise a function under the Law .\n- (a) constitutes a breach of, or default under, an Act or other law; or\n- (b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\n- (c) constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or\n- (d) constitutes a civil or criminal wrong; or\n- (e) terminates an agreement or obligation, or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or\n- (f) releases a surety or any other obligee wholly or in part from an obligation.\n- (a) the chief executive; or\n- (b) an officer or employee of the department who has access to information held by the department in the ordinary course of performing duties in the department.","sortOrder":60},{"sectionNumber":"sec.42A","sectionType":"section","heading":"Authorisation for s 688 of the Law (Payments into Fund)","content":"### sec.42A Authorisation for s 688 of the Law (Payments into Fund)\n\nFor section 688 (1)(e) of the Law , an amount equal to the regulatory component of the charges payable for the registration of heavy vehicles is to be paid into the Fund.\nIn this section—\nregulatory component , of the charges payable for the registration of heavy vehicles, means the component of the charges prescribed under TORUM as the regulatory component of the charges.\ns 42A ins 2018 No. 10 s 9\n(sec.42A-ssec.1) For section 688 (1)(e) of the Law , an amount equal to the regulatory component of the charges payable for the registration of heavy vehicles is to be paid into the Fund.\n(sec.42A-ssec.2) In this section— regulatory component , of the charges payable for the registration of heavy vehicles, means the component of the charges prescribed under TORUM as the regulatory component of the charges.","sortOrder":61},{"sectionNumber":"pt.4A","sectionType":"part","heading":"Other modifications of National Law","content":"# Other modifications of National Law","sortOrder":62},{"sectionNumber":"sec.42B","sectionType":"section","heading":"Meaning of National Law","content":"### sec.42B Meaning of National Law\n\nIn this part—\nNational Law means the Heavy Vehicle National Law set out in the Schedule.\ns 42B ins 2018 No. 10 s 10","sortOrder":63},{"sectionNumber":"sec.42C","sectionType":"section","heading":"Operation of pt 4A","content":"### sec.42C Operation of pt 4A\n\nThis part states other modifications of the National Law for the purpose of applying the Law as a law of this jurisdiction under section 4 .\ns 42C ins 2018 No. 10 s 10","sortOrder":64},{"sectionNumber":"sec.42CA","sectionType":"section","heading":"Amendment of s 479 (Functions of authorised officers)","content":"### sec.42CA Amendment of s 479 (Functions of authorised officers)\n\nNational Law, section 479 —\ninsert—\nAn authorised officer also has the functions conferred on the officer under another law of this jurisdiction.\nThis subsection is an additional Queensland provision.\ns 42CA ins 2024 No. 2 s 7\n(sec.42CA-frag-ssec.3) An authorised officer also has the functions conferred on the officer under another law of this jurisdiction. This subsection is an additional Queensland provision.","sortOrder":65},{"sectionNumber":"sec.42CB","sectionType":"section","heading":"Amendment of s 583 (Regulator may exercise powers of authorised officers)","content":"### sec.42CB Amendment of s 583 (Regulator may exercise powers of authorised officers)\n\nNational Law, section 583 (1) —\nomit, insert—\nThe Regulator may exercise a power that is conferred on authorised officers under this Law or another law of this jurisdiction, and accordingly the functions of the Regulator include the powers exercisable by the Regulator under this subsection.\nThis subsection is a substituted Queensland provision.\ns 42CB ins 2024 No. 2 s 7\n(sec.42CB-frag-ssec.1) The Regulator may exercise a power that is conferred on authorised officers under this Law or another law of this jurisdiction, and accordingly the functions of the Regulator include the powers exercisable by the Regulator under this subsection.","sortOrder":66},{"sectionNumber":"sec.42D","sectionType":"section","heading":"Amendment of s 598 (Power to cancel or suspend vehicle registration)","content":"### sec.42D Amendment of s 598 (Power to cancel or suspend vehicle registration)\n\nNational Law, s 598 (2) —\nomit, insert —\nThe court may make an order that the registration of a heavy vehicle in relation to which the offence was committed and of which the person is a registered operator is cancelled.\nThis subsection is a substituted Queensland provision.\ns 42D ins 2018 No. 10 s 10\n(sec.42D-frag-ssec.2) The court may make an order that the registration of a heavy vehicle in relation to which the offence was committed and of which the person is a registered operator is cancelled.","sortOrder":67},{"sectionNumber":"sec.42DA","sectionType":"section","heading":"Amendment of s 659 (Functions of Regulator)","content":"### sec.42DA Amendment of s 659 (Functions of Regulator)\n\nNational Law, section 659 —\ninsert—\nThe Regulator also has the functions conferred on it under another law of this jurisdiction.\nThis subsection is an additional Queensland provision.\ns 42DA ins 2024 No. 2 s 8\n(sec.42DA-frag-ssec.3) The Regulator also has the functions conferred on it under another law of this jurisdiction. This subsection is an additional Queensland provision.","sortOrder":68},{"sectionNumber":"sec.42E","sectionType":"section","heading":"Amendment of s 707A (Proceeding for other offences)","content":"### sec.42E Amendment of s 707A (Proceeding for other offences)\n\nNational Law, section 707A —\ninsert—\nA complaint for a fatigue management offence may be heard at a place appointed for holding Magistrates Courts within the district within which the defendant was required to produce the defendant’s work diary under section 568.\nThis subsection is an additional Queensland provision.\nSubsection (4) has effect despite, but does not limit, the Justices Act 1886 , section 139 .\nThis subsection is an additional Queensland provision.\nIn this section—\nfatigue management offence means an offence against any of the following provisions—\nsection 250;\nsection 251;\nsection 254;\nsection 256;\nsection 258;\npart 6.4.\nThis subsection is an additional Queensland provision.\ns 42E ins 2018 No. 18 s 4\nsub 2019 No. 25 s 4\namd 2025 No. 26 s 8 (uncommenced amendment)\n(sec.42E-frag-ssec.4) A complaint for a fatigue management offence may be heard at a place appointed for holding Magistrates Courts within the district within which the defendant was required to produce the defendant’s work diary under section 568. This subsection is an additional Queensland provision.\n(sec.42E-frag-ssec.5) Subsection (4) has effect despite, but does not limit, the Justices Act 1886 , section 139 . This subsection is an additional Queensland provision.\n(sec.42E-frag-ssec.6) In this section— fatigue management offence means an offence against any of the following provisions— section 250; section 251; section 254; section 256; section 258; part 6.4. This subsection is an additional Queensland provision.\n- (a) section 250;\n- (b) section 251;\n- (c) section 254;\n- (d) section 256;\n- (e) section 258;\n- (f) part 6.4.","sortOrder":69},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":70},{"sectionNumber":"sec.43","sectionType":"section","heading":"Regulation-making power","content":"### sec.43 Regulation-making power\n\nThe Governor in Council may make regulations under the local application provisions of this Act.\nA regulation may modify the application of a national regulation in Queensland.\ns 43 (prev s 37) ins 2013 No. 4 s 11\nrenum 2013 No. 26 s 14\namd 2013 No. 26 s 16\n(sec.43-ssec.1) The Governor in Council may make regulations under the local application provisions of this Act.\n(sec.43-ssec.2) A regulation may modify the application of a national regulation in Queensland.","sortOrder":71},{"sectionNumber":"sec.43A","sectionType":"section","heading":"Fees payable under Heavy Vehicle National Law (Queensland)","content":"### sec.43A Fees payable under Heavy Vehicle National Law (Queensland)\n\nThis section provides for the fee payable for a matter under the Heavy Vehicle National Law (Queensland) if a provision of the Law refers to a fee that is or may be payable under a law of this jurisdiction for the matter.\nThe fee payable for the matter, if any, is the amount prescribed under a regulation for the matter.\ns 43A ins 2017 No. 25 s 41\n(sec.43A-ssec.1) This section provides for the fee payable for a matter under the Heavy Vehicle National Law (Queensland) if a provision of the Law refers to a fee that is or may be payable under a law of this jurisdiction for the matter.\n(sec.43A-ssec.2) The fee payable for the matter, if any, is the amount prescribed under a regulation for the matter.","sortOrder":72},{"sectionNumber":"pt.6","sectionType":"part","heading":"Savings and transitional provisions","content":"# Savings and transitional provisions","sortOrder":73},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"The Regulator","content":"## The Regulator","sortOrder":74},{"sectionNumber":"sec.44","sectionType":"section","heading":"Savings provision for Regulator","content":"### sec.44 Savings provision for Regulator\n\nThis section has effect for the purposes of—\nthe commencement, on 12 October 2012, of Chapters 12 and 14 of the original HVNL(Q); and\nthe commencement, after 12 October 2012, of Chapter 12 and Part 14.1 of the new HVNL(Q).\nAnything done under Chapter 12 or 14 of the original HVNL(Q) and still in effect immediately before the relevant commencement continues to have effect after the relevant commencement and may, if the circumstances permit, be taken to have been done under Chapter 12 or Part 14.1 of the new HVNL(Q).\nWithout limiting subsection (2), the following things continue to have effect after the relevant commencement—\nestablishment of the Regulator under the original HVNL(Q);\nappointment of members of the Board as in office immediately before the relevant commencement;\nappointment of the chief executive officer by the Board;\ndecisions of the Board still in force immediately before the relevant commencement;\nactions taken by the Regulator still in effect immediately before the relevant commencement;\nagreements entered into by the Regulator and still in force immediately before the relevant commencement.\nIn this section—\nnew HVNL(Q) means the Heavy Vehicle National Law (Queensland) as at the commencement of this section.\noriginal HVNL(Q) means the Heavy Vehicle National Law (Queensland) as at 12 October 2012.\nrelevant commencement means the commencement of Chapter 12 of the new HVNL(Q).\ns 44 (prev s 38) ins 2013 No. 4 s 11\nrenum 2013 No. 26 s 14\n(sec.44-ssec.1) This section has effect for the purposes of— the commencement, on 12 October 2012, of Chapters 12 and 14 of the original HVNL(Q); and the commencement, after 12 October 2012, of Chapter 12 and Part 14.1 of the new HVNL(Q).\n(sec.44-ssec.2) Anything done under Chapter 12 or 14 of the original HVNL(Q) and still in effect immediately before the relevant commencement continues to have effect after the relevant commencement and may, if the circumstances permit, be taken to have been done under Chapter 12 or Part 14.1 of the new HVNL(Q).\n(sec.44-ssec.3) Without limiting subsection (2), the following things continue to have effect after the relevant commencement— establishment of the Regulator under the original HVNL(Q); appointment of members of the Board as in office immediately before the relevant commencement; appointment of the chief executive officer by the Board; decisions of the Board still in force immediately before the relevant commencement; actions taken by the Regulator still in effect immediately before the relevant commencement; agreements entered into by the Regulator and still in force immediately before the relevant commencement.\n(sec.44-ssec.4) In this section— new HVNL(Q) means the Heavy Vehicle National Law (Queensland) as at the commencement of this section. original HVNL(Q) means the Heavy Vehicle National Law (Queensland) as at 12 October 2012. relevant commencement means the commencement of Chapter 12 of the new HVNL(Q).\n- (a) the commencement, on 12 October 2012, of Chapters 12 and 14 of the original HVNL(Q); and\n- (b) the commencement, after 12 October 2012, of Chapter 12 and Part 14.1 of the new HVNL(Q).\n- (a) establishment of the Regulator under the original HVNL(Q);\n- (b) appointment of members of the Board as in office immediately before the relevant commencement;\n- (c) appointment of the chief executive officer by the Board;\n- (d) decisions of the Board still in force immediately before the relevant commencement;\n- (e) actions taken by the Regulator still in effect immediately before the relevant commencement;\n- (f) agreements entered into by the Regulator and still in force immediately before the relevant commencement.","sortOrder":75},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Operation of general savings and transitional provision","content":"## Operation of general savings and transitional provision","sortOrder":76},{"sectionNumber":"sec.45","sectionType":"section","heading":"Definitions for div 2","content":"### sec.45 Definitions for div 2\n\nIn this division—\ncommencement means the commencement of this division.\ngeneral savings and transitional provision means section 748 of the Law.\ns 45 ins 2013 No. 26 s 18","sortOrder":77},{"sectionNumber":"sec.46","sectionType":"section","heading":"Operation of general savings and transitional provision","content":"### sec.46 Operation of general savings and transitional provision\n\nThis division does not affect the operation of the general savings and transitional provision except to the extent expressly provided for.\ns 46 ins 2013 No. 26 s 18","sortOrder":78},{"sectionNumber":"sec.47","sectionType":"section","heading":"Investigation and enforcement for offences committed before commencement","content":"### sec.47 Investigation and enforcement for offences committed before commencement\n\nTo remove any doubt, it is declared that the general savings and transitional provision does not affect the operation of the Acts Interpretation Act 1954 , section 20 in relation to a relevant offence.\nA transport Act, as in force before the commencement, continues to apply for the purposes of a relevant offence—\nas if the Law was not in force; and\nif the transport Act was amended on the commencement—as if the transport Act had not been amended on the commencement.\nIn the investigation of a relevant offence, an embargo notice is issued, before the commencement, under section 46B of TORUM. A breach of the embargo notice after the commencement would be dealt with as an offence under TORUM as in force before the commencement.\nWithout limiting subsections (1) and (2)—\na transport Act, as in force before the commencement, continues to have effect for all matters arising, whether before or after the commencement—\nin the investigation of the relevant offence; or\nin the enforcement of any transport Act in relation to the relevant offence; and\na proceeding for the relevant offence or an associated offence may be started under a transport Act as in force before the commencement; and\nthe State Penalties Enforcement Act 1999 , as in force before the commencement, applies to the relevant offence and any associated offence.\nIn the investigation of a relevant offence, an embargo notice could be issued, after the commencement, under section 46B of TORUM. A subsequent breach of the embargo notice would be dealt with as an offence under TORUM as in force before the commencement.\nA provision of TORUM that is repealed on the commencement, but that was in force before the commencement as an aid to the giving of evidence, would continue to apply, or could be applied, for a proceeding for an offence against a transport Act alleged to have been committed before the commencement.\nSection 748 (5) of the Law applies to a relevant prosecution as if it were a prosecution referred to in section 748 (3)(c) of the Law.\nIn this section—\nassociated offence means any offence arising out of any investigation or enforcement as mentioned in subsection (3)(a).\nrelevant offence means an offence committed or suspected to have been committed under a transport Act before the commencement.\nrelevant prosecution means the prosecution of—\na relevant offence; and\nany other offence that, under this section, is dealt with as an offence under a transport Act.\ns 47 ins 2013 No. 26 s 18\n(sec.47-ssec.1) To remove any doubt, it is declared that the general savings and transitional provision does not affect the operation of the Acts Interpretation Act 1954 , section 20 in relation to a relevant offence.\n(sec.47-ssec.2) A transport Act, as in force before the commencement, continues to apply for the purposes of a relevant offence— as if the Law was not in force; and if the transport Act was amended on the commencement—as if the transport Act had not been amended on the commencement. In the investigation of a relevant offence, an embargo notice is issued, before the commencement, under section 46B of TORUM. A breach of the embargo notice after the commencement would be dealt with as an offence under TORUM as in force before the commencement.\n(sec.47-ssec.3) Without limiting subsections (1) and (2)— a transport Act, as in force before the commencement, continues to have effect for all matters arising, whether before or after the commencement— in the investigation of the relevant offence; or in the enforcement of any transport Act in relation to the relevant offence; and a proceeding for the relevant offence or an associated offence may be started under a transport Act as in force before the commencement; and the State Penalties Enforcement Act 1999 , as in force before the commencement, applies to the relevant offence and any associated offence. In the investigation of a relevant offence, an embargo notice could be issued, after the commencement, under section 46B of TORUM. A subsequent breach of the embargo notice would be dealt with as an offence under TORUM as in force before the commencement. A provision of TORUM that is repealed on the commencement, but that was in force before the commencement as an aid to the giving of evidence, would continue to apply, or could be applied, for a proceeding for an offence against a transport Act alleged to have been committed before the commencement.\n(sec.47-ssec.4) Section 748 (5) of the Law applies to a relevant prosecution as if it were a prosecution referred to in section 748 (3)(c) of the Law.\n(sec.47-ssec.5) In this section— associated offence means any offence arising out of any investigation or enforcement as mentioned in subsection (3)(a). relevant offence means an offence committed or suspected to have been committed under a transport Act before the commencement. relevant prosecution means the prosecution of— a relevant offence; and any other offence that, under this section, is dealt with as an offence under a transport Act.\n- (a) as if the Law was not in force; and\n- (b) if the transport Act was amended on the commencement—as if the transport Act had not been amended on the commencement.\n- (a) a transport Act, as in force before the commencement, continues to have effect for all matters arising, whether before or after the commencement— (i) in the investigation of the relevant offence; or (ii) in the enforcement of any transport Act in relation to the relevant offence; and\n- (i) in the investigation of the relevant offence; or\n- (ii) in the enforcement of any transport Act in relation to the relevant offence; and\n- (b) a proceeding for the relevant offence or an associated offence may be started under a transport Act as in force before the commencement; and\n- (c) the State Penalties Enforcement Act 1999 , as in force before the commencement, applies to the relevant offence and any associated offence.\n- (i) in the investigation of the relevant offence; or\n- (ii) in the enforcement of any transport Act in relation to the relevant offence; and\n- 1 In the investigation of a relevant offence, an embargo notice could be issued, after the commencement, under section 46B of TORUM. A subsequent breach of the embargo notice would be dealt with as an offence under TORUM as in force before the commencement.\n- 2 A provision of TORUM that is repealed on the commencement, but that was in force before the commencement as an aid to the giving of evidence, would continue to apply, or could be applied, for a proceeding for an offence against a transport Act alleged to have been committed before the commencement.\n- (a) a relevant offence; and\n- (b) any other offence that, under this section, is dealt with as an offence under a transport Act.","sortOrder":79},{"sectionNumber":"sec.48","sectionType":"section","heading":"Particular orders continue to have effect under TORUM after commencement","content":"### sec.48 Particular orders continue to have effect under TORUM after commencement\n\nThe general savings and transitional provision does not apply to a TORUM order or VSS notice.\nTORUM, as in force before the commencement, continues to apply for the purposes of a TORUM order as if—\nthe Law was not in force; and\nTORUM had not been amended on the commencement.\nBefore the commencement, a court made a supervisory intervention order under section 164B of TORUM, requiring a person to give a compliance report to the chief executive, as mentioned in section 164C of TORUM, by a stated time that is after the commencement. A failure to give the report by the stated time would be dealt with as an offence under section 164E of TORUM even though sections 164B and 164E are repealed on the commencement.\nTORUM, including the VSS regulation, as in force immediately before the commencement, continues to apply for the purposes of a VSS notice as if—\nthe Law was not in force; and\nTORUM, including the VSS regulation, had not been amended on the commencement.\nWithout limiting subsections (2) and (3)—\nTORUM, including the VSS regulation, as in force before the commencement, continues to have effect for all matters arising after the commencement—\nin the investigation of a relevant offence; or\nin the enforcement of TORUM, including the VSS regulation, in relation to a relevant offence; and\na proceeding for a relevant offence may be started under TORUM as in force before the commencement; and\nthe State Penalties Enforcement Act 1999 , as in force before the commencement, continues to have effect in relation to a relevant offence.\nSection 748 (5) of the Law applies to the prosecution of a relevant offence as if it were a prosecution referred to in section 748 (3)(c) of the Law.\nIn this section—\nrelevant offence means an offence committed after the commencement relating to noncompliance with a TORUM order or VSS notice.\nTORUM order means a requirement, direction, authorisation, notice or order if—\nit was made or given under a TORUM order provision before the commencement; and\nit applied to a vehicle that, on the commencement, becomes a heavy vehicle under the Law; and\nimmediately before the commencement it was still in force to require a person to do or not to do something.\nTORUM order provision means any of the following provisions of TORUM as in force before the commencement—\nsection 36 ;\nsection 37 (1);\nsection 38 (2);\nsection 39E (2) or (4);\nsection 39F (2);\nsection 39G (2);\nsection 39K (2) or (3);\nsection 39L (2) or (3);\nsection 39M (2);\nsection 39N (2);\nsection 39Q (2);\nsection 164B .\nVSS notice means a defect notice given under section 8 (2) of the VSS regulation if—\nit was given before the commencement; and\nit applied to a vehicle that, on the commencement, becomes a heavy vehicle under the Law; and\nimmediately before the commencement it was still in force to require a person to do or not to do something.\nVSS regulation means the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010 of Queensland.\ns 48 ins 2013 No. 26 s 18\n(sec.48-ssec.1) The general savings and transitional provision does not apply to a TORUM order or VSS notice.\n(sec.48-ssec.2) TORUM, as in force before the commencement, continues to apply for the purposes of a TORUM order as if— the Law was not in force; and TORUM had not been amended on the commencement. Before the commencement, a court made a supervisory intervention order under section 164B of TORUM, requiring a person to give a compliance report to the chief executive, as mentioned in section 164C of TORUM, by a stated time that is after the commencement. A failure to give the report by the stated time would be dealt with as an offence under section 164E of TORUM even though sections 164B and 164E are repealed on the commencement.\n(sec.48-ssec.3) TORUM, including the VSS regulation, as in force immediately before the commencement, continues to apply for the purposes of a VSS notice as if— the Law was not in force; and TORUM, including the VSS regulation, had not been amended on the commencement.\n(sec.48-ssec.4) Without limiting subsections (2) and (3)— TORUM, including the VSS regulation, as in force before the commencement, continues to have effect for all matters arising after the commencement— in the investigation of a relevant offence; or in the enforcement of TORUM, including the VSS regulation, in relation to a relevant offence; and a proceeding for a relevant offence may be started under TORUM as in force before the commencement; and the State Penalties Enforcement Act 1999 , as in force before the commencement, continues to have effect in relation to a relevant offence.\n(sec.48-ssec.5) Section 748 (5) of the Law applies to the prosecution of a relevant offence as if it were a prosecution referred to in section 748 (3)(c) of the Law.\n(sec.48-ssec.6) In this section— relevant offence means an offence committed after the commencement relating to noncompliance with a TORUM order or VSS notice. TORUM order means a requirement, direction, authorisation, notice or order if— it was made or given under a TORUM order provision before the commencement; and it applied to a vehicle that, on the commencement, becomes a heavy vehicle under the Law; and immediately before the commencement it was still in force to require a person to do or not to do something. TORUM order provision means any of the following provisions of TORUM as in force before the commencement— section 36 ; section 37 (1); section 38 (2); section 39E (2) or (4); section 39F (2); section 39G (2); section 39K (2) or (3); section 39L (2) or (3); section 39M (2); section 39N (2); section 39Q (2); section 164B . VSS notice means a defect notice given under section 8 (2) of the VSS regulation if— it was given before the commencement; and it applied to a vehicle that, on the commencement, becomes a heavy vehicle under the Law; and immediately before the commencement it was still in force to require a person to do or not to do something. VSS regulation means the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010 of Queensland.\n- (a) the Law was not in force; and\n- (b) TORUM had not been amended on the commencement.\n- (a) the Law was not in force; and\n- (b) TORUM, including the VSS regulation, had not been amended on the commencement.\n- (a) TORUM, including the VSS regulation, as in force before the commencement, continues to have effect for all matters arising after the commencement— (i) in the investigation of a relevant offence; or (ii) in the enforcement of TORUM, including the VSS regulation, in relation to a relevant offence; and\n- (i) in the investigation of a relevant offence; or\n- (ii) in the enforcement of TORUM, including the VSS regulation, in relation to a relevant offence; and\n- (b) a proceeding for a relevant offence may be started under TORUM as in force before the commencement; and\n- (c) the State Penalties Enforcement Act 1999 , as in force before the commencement, continues to have effect in relation to a relevant offence.\n- (i) in the investigation of a relevant offence; or\n- (ii) in the enforcement of TORUM, including the VSS regulation, in relation to a relevant offence; and\n- (a) it was made or given under a TORUM order provision before the commencement; and\n- (b) it applied to a vehicle that, on the commencement, becomes a heavy vehicle under the Law; and\n- (c) immediately before the commencement it was still in force to require a person to do or not to do something.\n- (a) section 36 ;\n- (b) section 37 (1);\n- (c) section 38 (2);\n- (d) section 39E (2) or (4);\n- (e) section 39F (2);\n- (f) section 39G (2);\n- (g) section 39K (2) or (3);\n- (h) section 39L (2) or (3);\n- (i) section 39M (2);\n- (j) section 39N (2);\n- (k) section 39Q (2);\n- (l) section 164B .\n- (a) it was given before the commencement; and\n- (b) it applied to a vehicle that, on the commencement, becomes a heavy vehicle under the Law; and\n- (c) immediately before the commencement it was still in force to require a person to do or not to do something.","sortOrder":80},{"sectionNumber":"sec.49","sectionType":"section","heading":"Continuation of work diary exemption","content":"### sec.49 Continuation of work diary exemption\n\nA relevant exemption continues in force under the Law to the greatest practicable extent as if it were a work diary exemption (permit) under the Law.\nHowever, for applying the Law to it, the relevant exemption—\nis not, and can not be made, the subject of a standard hours condition; and\ncan not, when subsection (1) commences to have effect in relation to it, be made subject to any other conditions as mentioned in section 366 (2) of the Law; and\nexcept to the extent it is amended or cancelled under section 370 , 371 or 372 of the Law, continues in force until it would have expired if the Law had not been enacted.\nThis section does not limit the application of the general savings and transitional provision to a work diary exemption under the fatigue regulation that is not a relevant exemption.\nIn this section—\nfatigue regulation means the Transport Operations (Road Use Management—Fatigue Management) Regulation 2008 of Queensland.\nrelevant exemption means a work diary exemption under the fatigue regulation if the exemption—\nwas granted on the basis of the chief executive’s satisfaction under section 158 (3)(a) of the fatigue regulation; and\nwas in force immediately before the commencement of this section.\nstandard hours condition means a condition as mentioned in section 366 (1) of the Law.\ns 49 ins 2013 No. 26 s 18\n(sec.49-ssec.1) A relevant exemption continues in force under the Law to the greatest practicable extent as if it were a work diary exemption (permit) under the Law.\n(sec.49-ssec.2) However, for applying the Law to it, the relevant exemption— is not, and can not be made, the subject of a standard hours condition; and can not, when subsection (1) commences to have effect in relation to it, be made subject to any other conditions as mentioned in section 366 (2) of the Law; and except to the extent it is amended or cancelled under section 370 , 371 or 372 of the Law, continues in force until it would have expired if the Law had not been enacted.\n(sec.49-ssec.3) This section does not limit the application of the general savings and transitional provision to a work diary exemption under the fatigue regulation that is not a relevant exemption.\n(sec.49-ssec.4) In this section— fatigue regulation means the Transport Operations (Road Use Management—Fatigue Management) Regulation 2008 of Queensland. relevant exemption means a work diary exemption under the fatigue regulation if the exemption— was granted on the basis of the chief executive’s satisfaction under section 158 (3)(a) of the fatigue regulation; and was in force immediately before the commencement of this section. standard hours condition means a condition as mentioned in section 366 (1) of the Law.\n- (a) is not, and can not be made, the subject of a standard hours condition; and\n- (b) can not, when subsection (1) commences to have effect in relation to it, be made subject to any other conditions as mentioned in section 366 (2) of the Law; and\n- (c) except to the extent it is amended or cancelled under section 370 , 371 or 372 of the Law, continues in force until it would have expired if the Law had not been enacted.\n- (a) was granted on the basis of the chief executive’s satisfaction under section 158 (3)(a) of the fatigue regulation; and\n- (b) was in force immediately before the commencement of this section.","sortOrder":81},{"sectionNumber":"sec.50","sectionType":"section","heading":"Declaratory regulation-making power for general savings and transitional provision","content":"### sec.50 Declaratory regulation-making power for general savings and transitional provision\n\nA regulation (a declaratory regulation ) may make provision of a declaratory nature, as provided for in subsection (2), in relation to the operation of the general savings and transitional provision.\nA declaratory regulation may in relation to a particular thing done under the former legislation before the commencement—\ndeclare that the general savings and transitional provision applies to it; or\ndeclare how the general savings and transitional provision applies to it.\nA declaratory regulation has effect according to its terms.\nThe operation of the general savings and transitional provision is not limited by the making of a declaratory regulation other than to the extent provided for in the declaratory regulation.\nThe transitional regulation-making power as provided for in division 3 does not apply to a declaratory regulation lawfully made under this section even if, apart from this section, the declaratory regulation could be made as a transitional regulation.\nA declaratory regulation may not have retrospective operation.\nIf a declaratory regulation commences after the commencement, it does not affect the operation of the general savings and transitional provision in a way that disadvantages a person by—\ndecreasing the person’s rights; or\nimposing liabilities on the person.\nA declaratory regulation must declare it is a declaratory regulation.\ns 50 ins 2013 No. 26 s 18\n(sec.50-ssec.1) A regulation (a declaratory regulation ) may make provision of a declaratory nature, as provided for in subsection (2), in relation to the operation of the general savings and transitional provision.\n(sec.50-ssec.2) A declaratory regulation may in relation to a particular thing done under the former legislation before the commencement— declare that the general savings and transitional provision applies to it; or declare how the general savings and transitional provision applies to it.\n(sec.50-ssec.3) A declaratory regulation has effect according to its terms.\n(sec.50-ssec.4) The operation of the general savings and transitional provision is not limited by the making of a declaratory regulation other than to the extent provided for in the declaratory regulation.\n(sec.50-ssec.5) The transitional regulation-making power as provided for in division 3 does not apply to a declaratory regulation lawfully made under this section even if, apart from this section, the declaratory regulation could be made as a transitional regulation.\n(sec.50-ssec.6) A declaratory regulation may not have retrospective operation.\n(sec.50-ssec.7) If a declaratory regulation commences after the commencement, it does not affect the operation of the general savings and transitional provision in a way that disadvantages a person by— decreasing the person’s rights; or imposing liabilities on the person.\n(sec.50-ssec.8) A declaratory regulation must declare it is a declaratory regulation.\n- (a) declare that the general savings and transitional provision applies to it; or\n- (b) declare how the general savings and transitional provision applies to it.\n- (a) decreasing the person’s rights; or\n- (b) imposing liabilities on the person.","sortOrder":82},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"General transitional matters","content":"## General transitional matters","sortOrder":83},{"sectionNumber":"sec.51","sectionType":"section","heading":null,"content":"### Section sec.51\n\ns 51 ins 2013 No. 26 s 18\nexp 10 February 2016 (see s 51(6))","sortOrder":84},{"sectionNumber":"sec.52","sectionType":"section","heading":"References in documents to repealed or amended provisions","content":"### sec.52 References in documents to repealed or amended provisions\n\nThis section applies to a document if—\nthere is a reference in the document to a provision (the affected provision ) of TORUM as in force before the commencement of this section; and\nthe affected provision is repealed or amended on the commencement of this section having regard to the commencement of the Law.\nThe reference may, if the context permits, be taken to be a reference to a provision of the Law corresponding to the affected provision.\nIn this section—\ndocument does not include an Act.\ns 52 ins 2013 No. 26 s 18\n(sec.52-ssec.1) This section applies to a document if— there is a reference in the document to a provision (the affected provision ) of TORUM as in force before the commencement of this section; and the affected provision is repealed or amended on the commencement of this section having regard to the commencement of the Law.\n(sec.52-ssec.2) The reference may, if the context permits, be taken to be a reference to a provision of the Law corresponding to the affected provision.\n(sec.52-ssec.3) In this section— document does not include an Act.\n- (a) there is a reference in the document to a provision (the affected provision ) of TORUM as in force before the commencement of this section; and\n- (b) the affected provision is repealed or amended on the commencement of this section having regard to the commencement of the Law.","sortOrder":85},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":null,"content":"","sortOrder":86},{"sectionNumber":"sec.53","sectionType":"section","heading":null,"content":"### Section sec.53\n\ns 53 ins 2013 No. 26 s 18\nom 2018 No. 10 s 11","sortOrder":87},{"sectionNumber":"sec.54","sectionType":"section","heading":null,"content":"### Section sec.54\n\ns 54 ins 2013 No. 26 s 18\nom 2018 No. 10 s 11","sortOrder":88},{"sectionNumber":"sec.55","sectionType":"section","heading":null,"content":"### Section sec.55\n\ns 55 ins 2013 No. 26 s 18\nom 2018 No. 10 s 11","sortOrder":89},{"sectionNumber":"sec.56","sectionType":"section","heading":null,"content":"### Section sec.56\n\ns 56 ins 2013 No. 26 s 18\nom 2018 No. 10 s 11","sortOrder":90},{"sectionNumber":"sec.57","sectionType":"section","heading":null,"content":"### Section sec.57\n\ns 57 ins 2013 No. 26 s 18\nom 2018 No. 10 s 11","sortOrder":91},{"sectionNumber":"sec.58","sectionType":"section","heading":null,"content":"### Section sec.58\n\ns 58 ins 2013 No. 26 s 18\nom 2018 No. 10 s 11","sortOrder":92},{"sectionNumber":"sec.59","sectionType":"section","heading":null,"content":"### Section sec.59\n\ns 59 ins 2013 No. 26 s 18\nom 2018 No. 10 s 11","sortOrder":93},{"sectionNumber":"sec.60","sectionType":"section","heading":null,"content":"### Section sec.60\n\ns 60 ins 2013 No. 26 s 18\nom 2018 No. 10 s 11","sortOrder":94},{"sectionNumber":"sec.61","sectionType":"section","heading":null,"content":"### Section sec.61\n\ns 61 ins 2013 No. 26 s 18\nom 2018 No. 10 s 11","sortOrder":95},{"sectionNumber":"sec.62","sectionType":"section","heading":null,"content":"### Section sec.62\n\ns 62 ins 2013 No. 26 s 18\nom 2018 No. 10 s 11","sortOrder":96},{"sectionNumber":"sec.63","sectionType":"section","heading":null,"content":"### Section sec.63\n\ns 63 ins 2013 No. 26 s 18\nom 2018 No. 10 s 11","sortOrder":97},{"sectionNumber":"sch-inc-ch.1-pt.1.1","sectionType":"part","heading":"Introductory matters","content":"# Introductory matters","sortOrder":98},{"sectionNumber":"sec.1-oc.2","sectionType":"section","heading":"Short title","content":"### sec.1-oc.2 Short title\n\nThis Law may be cited as the Heavy Vehicle National Law.\nsch s 1 sub 2013 No. 4 s 12","sortOrder":99},{"sectionNumber":"sec.2-oc.2","sectionType":"section","heading":"Commencement","content":"### sec.2-oc.2 Commencement\n\nThis Law commences in a participating jurisdiction as provided by the Act of that jurisdiction that applies this Law as a law of that jurisdiction.\nsch s 2 sub 2013 No. 4 s 12","sortOrder":100},{"sectionNumber":"sec.3-oc.2","sectionType":"section","heading":"Object of Law","content":"### sec.3-oc.2 Object of Law\n\nThe object of this Law is to establish a national scheme for facilitating and regulating the use of heavy vehicles on roads in a way that—\npromotes public safety; and\nmanages the impact of heavy vehicles on the environment, road infrastructure and public amenity; and\npromotes industry productivity and efficiency in the road transport of goods and passengers by heavy vehicles; and\nencourages and promotes productive, efficient, innovative and safe business practices.\nsch s 3 sub 2013 No. 4 s 12\n- (a) promotes public safety; and\n- (b) manages the impact of heavy vehicles on the environment, road infrastructure and public amenity; and\n- (c) promotes industry productivity and efficiency in the road transport of goods and passengers by heavy vehicles; and\n- (d) encourages and promotes productive, efficient, innovative and safe business practices.","sortOrder":101},{"sectionNumber":"sec.4-oc.2","sectionType":"section","heading":"Regulatory framework to achieve object","content":"### sec.4-oc.2 Regulatory framework to achieve object\n\nThe object of this Law is to be achieved by a regulatory framework that—\nestablishes an entity (the National Heavy Vehicle Regulator) with functions directed at ensuring the object is achieved; and\nprovides for a database of heavy vehicles; and\nprescribes requirements about the following—\nthe standards heavy vehicles must meet when on roads;\nthe maximum permissible mass and dimensions of heavy vehicles used on roads;\nsecuring and restraining loads on heavy vehicles used on roads;\npreventing drivers of heavy vehicles exceeding speed limits;\npreventing drivers of heavy vehicles from driving while fatigued; and\nimposes duties and obligations directed at ensuring heavy vehicles and drivers of heavy vehicles comply with requirements mentioned in paragraph (c) (i) to (v) on persons whose activities may influence whether the vehicles or drivers comply with the requirements; and\nincludes measures directed at the matters mentioned in section 3 (c) and (d) by allowing improved access to roads in certain circumstances, including by—\nallowing heavy vehicles, that would otherwise be prevented from being used on roads, access to the roads through exemptions or authorisations granted in circumstances in which the matters mentioned in section 3 (a) and (b) will not be compromised; and\nproviding for accreditation schemes allowing operators of heavy vehicles who adopt best practices directed at the matters mentioned in section 3 to be subject to alternative requirements more suited to the operators’ business operations.\nsch s 4 sub 2013 No. 4 s 12\namd 2018 No. 10 s 13\namd 2025 No. 26 s 10 (uncommenced amendment)\n- (a) establishes an entity (the National Heavy Vehicle Regulator) with functions directed at ensuring the object is achieved; and\n- (b) provides for a database of heavy vehicles; and\n- (c) prescribes requirements about the following— (i) the standards heavy vehicles must meet when on roads; (ii) the maximum permissible mass and dimensions of heavy vehicles used on roads; (iii) securing and restraining loads on heavy vehicles used on roads; (iv) preventing drivers of heavy vehicles exceeding speed limits; (v) preventing drivers of heavy vehicles from driving while fatigued; and\n- (i) the standards heavy vehicles must meet when on roads;\n- (ii) the maximum permissible mass and dimensions of heavy vehicles used on roads;\n- (iii) securing and restraining loads on heavy vehicles used on roads;\n- (iv) preventing drivers of heavy vehicles exceeding speed limits;\n- (v) preventing drivers of heavy vehicles from driving while fatigued; and\n- (d) imposes duties and obligations directed at ensuring heavy vehicles and drivers of heavy vehicles comply with requirements mentioned in paragraph (c) (i) to (v) on persons whose activities may influence whether the vehicles or drivers comply with the requirements; and\n- (e) includes measures directed at the matters mentioned in section 3 (c) and (d) by allowing improved access to roads in certain circumstances, including by— (i) allowing heavy vehicles, that would otherwise be prevented from being used on roads, access to the roads through exemptions or authorisations granted in circumstances in which the matters mentioned in section 3 (a) and (b) will not be compromised; and (ii) providing for accreditation schemes allowing operators of heavy vehicles who adopt best practices directed at the matters mentioned in section 3 to be subject to alternative requirements more suited to the operators’ business operations.\n- (i) allowing heavy vehicles, that would otherwise be prevented from being used on roads, access to the roads through exemptions or authorisations granted in circumstances in which the matters mentioned in section 3 (a) and (b) will not be compromised; and\n- (ii) providing for accreditation schemes allowing operators of heavy vehicles who adopt best practices directed at the matters mentioned in section 3 to be subject to alternative requirements more suited to the operators’ business operations.\n- (i) the standards heavy vehicles must meet when on roads;\n- (ii) the maximum permissible mass and dimensions of heavy vehicles used on roads;\n- (iii) securing and restraining loads on heavy vehicles used on roads;\n- (iv) preventing drivers of heavy vehicles exceeding speed limits;\n- (v) preventing drivers of heavy vehicles from driving while fatigued; and\n- (i) allowing heavy vehicles, that would otherwise be prevented from being used on roads, access to the roads through exemptions or authorisations granted in circumstances in which the matters mentioned in section 3 (a) and (b) will not be compromised; and\n- (ii) providing for accreditation schemes allowing operators of heavy vehicles who adopt best practices directed at the matters mentioned in section 3 to be subject to alternative requirements more suited to the operators’ business operations.","sortOrder":102},{"sectionNumber":"sch-inc-ch.1-pt.1.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":103},{"sectionNumber":"sec.5-oc.2","sectionType":"section","heading":"Definitions","content":"### sec.5-oc.2 Definitions\n\nIn this Law—\n100km work , for the purposes of Chapter 6 , has the meaning given by section 289 (1) .\nsch s 5 def 100km work sub 2013 No. 4 s 12\n100+km work , for the purposes of Chapter 6 , has the meaning given by section 289 (2) .\nsch s 5 def 100+km work sub 2013 No. 4 s 12\naccreditation certificate means—\nfor a heavy vehicle accreditation granted under this Law—the accreditation certificate given for the accreditation under section 464 ; or\nfor a heavy vehicle accreditation granted under another law of a participating jurisdiction—the certificate of accreditation (however called) issued for the accreditation under that law.\nsch s 5 def accreditation certificate sub 2013 No. 4 s 12\nADR means—\na third edition ADR; or\na second edition ADR.\nsch s 5 def ADR sub 2013 No. 4 s 12 ; 2019 No. 29 s 4\nadvice purposes means providing advice, information and education to persons with duties or obligations under this Law about compliance with the duties or obligations.\nsch s 5 def advice purposes ins 2019 No. 29 s 7 (2)\nAFM accreditation means—\nAFM accreditation granted under section 458 ; or\naccreditation of a similar kind under another law of a participating jurisdiction.\nsch s 5 def AFM accreditation sub 2013 No. 4 s 12\namd 2015 No. 12 s 4 (1)\nom 2025 No. 26 s 11 (1) (uncommenced amendment)\nAFM fatigue management system , for the purposes of Chapters 6 and 8 , has the meaning given by section 457 .\nsch s 5 def AFM fatigue management system sub 2013 No. 4 s 12\nom 2025 No. 26 s 11 (1) (uncommenced annotation)\nAFM hours , for the purposes of Chapters 6 and 8 , has the meaning given by section 257 .\nsch s 5 def AFM hours sub 2013 No. 4 s 12\nom 2025 No. 26 s 11 (1) (uncommenced annotation)\nAFM standards and business rules , for the purposes of Chapter 8 , has the meaning given by section 457 .\nsch s 5 def AFM standards and business rules sub 2013 No. 4 s 12\nom 2025 No. 26 s 11 (1) (uncommenced annotation)\nagricultural implement means a vehicle without its own automotive power, built to perform agricultural tasks, and includes an agricultural trailer.\nauger\nconveyor\nfield bin\nharvester front\nirrigating equipment or machinery\nsch s 5 def agricultural implement sub 2013 No. 4 s 12\nagricultural machine means a vehicle with its own automotive power, built to perform agricultural tasks.\nharvester, tractor\nsch s 5 def agricultural machine sub 2013 No. 4 s 12\nagricultural task means a task carried out in agriculture.\ncultivating land\ngrowing and harvesting crops\nrearing livestock\nsch s 5 def agricultural task sub 2013 No. 4 s 12\nagricultural trailer means a trailer that is designed to carry a load and used exclusively to perform agricultural tasks, but does not include a semitrailer.\nsch s 5 def agricultural trailer ins 2013 No. 4 s 12\nagricultural vehicle means an agricultural implement or agricultural machine.\nsch s 5 def agricultural vehicle sub 2013 No. 4 s 12\n_____\nsch s 5 def alternative compliance accreditation ins 2025 No. 26 s 11 (2) (uncommenced amendment)\nsch s 5 def alternative compliance hours ins 2025 No. 26 s 11 (2) (uncommenced amendment)\nApplication Act , of this jurisdiction, means the Act of this jurisdiction by which this Law applies as a law of this jurisdiction.\nsch s 5 def Application Act ins 2013 No. 4 s 12\nappropriately qualified , for a function, includes having the qualifications, experience or standing appropriate to exercise the function.\na person’s classification level or position in the public service or a government agency of a participating jurisdiction\nsch s 5 def appropriately qualified sub 2013 No. 4 s 12\napproved , by the responsible Ministers, for the purposes of Chapter 8 , has the meaning given by section 457 .\nsch s 5 def approved sub 2013 No. 4 s 12\nom 2025 No. 26 s 11 (1) (uncommenced annotation)\napproved auditor , for the purposes of Chapter 8 , has the meaning given by section 457 .\nsch s 5 def approved auditor sub 2013 No. 4 s 12\nsub 2025 No. 26 s 11 (1) – (2) (uncommenced amendment)\napproved electronic recording system has the meaning given by section 221 .\nsch s 5 def approved electronic recording system sub 2013 No. 4 s 12\nsub 2025 No. 26 s 11 (1) – (2) (uncommenced amendment)\napproved form means a form approved by the Regulator under section 735 .\nsch s 5 def approved form sub 2013 No. 4 s 12\napproved guidelines means guidelines approved by the responsible Ministers under section 653 .\nsch s 5 def approved guidelines sub 2013 No. 4 s 12\napproved intelligent transport system has the meaning given by section 403 .\nsch s 5 def approved intelligent transport system sub 2013 No. 4 s 12\napproved sleeper berth , for the purposes of Chapter 6 , has the meaning given by section 221 .\nsch s 5 def approved sleeper berth sub 2013 No. 4 s 12\napproved vehicle examiner means a person approved as a vehicle examiner under the national regulations (as referred to in section 731 ).\nsch s 5 def approved vehicle examiner ins 2013 No. 4 s 12\narticulated bus means a bus with 2 or more rigid sections connected to one another in a way that allows—\npassenger access between the sections; and\nrotary movement between the sections.\nsch s 5 def articulated bus sub 2013 No. 4 s 12\nAS means an Australian standard made or published by Standards Australia.\nsch s 5 def AS sub 2013 No. 4 s 12\nassociate , of a person, means—\nif the person is an individual—\nthe individual’s spouse or de facto partner; or\na relative of the individual, whether by blood, spousal relationship or adoption; or\nan employee of the individual; or\nan employee of a corporation of which the individual is an executive officer; or\na partner of the individual; or\na corporation of which the individual is an executive officer; or\na corporation in which the individual holds a controlling interest; or\na person who is a trustee of a trust of which the individual is a trustee or beneficiary; or\na person who is a beneficiary of a trust of which the individual is a trustee or beneficiary; or\na person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the individual; or\na person who is an associate of someone who is an associate of the individual; or\nif the person is a corporation—\nan executive officer of the corporation; or\nan associate of an executive officer of the corporation; or\nan employee of the corporation; or\na person who holds a controlling interest in the corporation; or\na related body corporate, within the meaning of the Corporations Act 2001 of the Commonwealth, of the corporation; or\na person who is an associate of someone who is an associate of the corporation.\nsch s 5 def associate sub 2013 No. 4 s 12\nATM (aggregate trailer mass), of a heavy trailer, means the total maximum mass of the trailer, as stated by the manufacturer, together with its load and the mass imposed on the towing vehicle by the trailer when the towing vehicle and trailer are on a horizontal surface.\nsch s 5 def ATM ins 2013 No. 4 s 12\n_____\nsch s 5 def audit standard ins 2025 No. 26 s 11 (2) (uncommenced amendment)\nAustralian Accounting Standards means Accounting Standards issued by the Australian Accounting Standards Board.\nsch s 5 def Australian Accounting Standards sub 2013 No. 4 s 12\nAustralian road law means—\nthis Law; or\nanother law of a State or Territory that regulates the use of vehicles on roads.\nsch s 5 def Australian road law sub 2013 No. 4 s 12\nauthorised officer means—\na police officer declared by a law of a participating jurisdiction to be an authorised officer for the purposes of this Law; or\na person who holds office under this Law as an authorised officer.\nsch s 5 def authorised officer sub 2013 No. 4 s 12\nauthorised use , for the purposes of Part 13.4 , has the meaning given by section 727 .\nsch s 5 def authorised use sub 2013 No. 4 s 12\nauthorised warrant official , for a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be an authorised warrant official for that jurisdiction for the purposes of this Law.\nsch s 5 def authorised warrant official sub 2013 No. 4 s 12\naxle means 1 or more shafts positioned in a line across a vehicle, on which 1 or more wheels intended to support the vehicle turn.\nsch s 5 def axle sub 2013 No. 4 s 12\naxle group means a tandem axle group, twinsteer axle group, tri-axle group or quad-axle group.\nsch s 5 def axle group sub 2013 No. 4 s 12\nbase , of the driver of a heavy vehicle—\nThe base of the driver of a heavy vehicle, in relation to particular work—\nis the place from which the driver normally does the work; but\nis, for the purposes of Chapter 6 , the garage address of the vehicle if—\nthe vehicle is a fatigue-regulated heavy vehicle; and\nthe driver is required under Part 6.4 , in relation to that particular work, to keep a work diary and to record the location of the driver’s base in the work diary, and has not done so.\nThe driver of a fatigue-regulated heavy vehicle may not be required under Part 6.4 , in relation to particular work, to keep a work diary and to record the location of the driver’s base in the work diary, if, for example—\nthe driver is undertaking 100km work under standard hours\nthe driver is working under a work diary exemption\nFor a driver who is a self-employed driver and an employed driver at different times, the driver may have one base as a self-employed driver under paragraph 1 and another base as an employed driver under that paragraph.\nFor a driver who has 2 or more employers, the driver may have a different base in relation to each employer under paragraph 1.\nsch s 5 def base sub 2013 No. 4 s 12\nB-double means a combination consisting of a prime mover towing 2 semitrailers, with the first semitrailer being attached directly to the prime mover by a fifth wheel coupling and the second semitrailer being mounted on the rear of the first semitrailer by a fifth wheel coupling on the first semitrailer.\nsch s 5 def B-double sub 2013 No. 4 s 12\nB-triple means a combination consisting of a prime mover towing 3 semitrailers, with—\nthe first semitrailer being attached directly to the prime mover by a fifth wheel coupling; and\nthe second semitrailer being mounted on the rear of the first semitrailer by a fifth wheel coupling on the first semitrailer; and\nthe third semitrailer being mounted on the rear of the second semitrailer by a fifth wheel coupling on the second semitrailer.\nsch s 5 def B-triple ins 2015 No. 12 s 4 (2)\nBFM accreditation means—\nBFM accreditation granted under section 458 ; or\naccreditation of a similar kind under another law of a participating jurisdiction.\nsch s 5 def BFM accreditation sub 2013 No. 4 s 12\namd 2015 No. 12 s 4 (3)\nom 2025 No. 26 s 11 (1) (uncommenced annotation)\nBFM fatigue management system , for the purposes of Chapter 8 , has the meaning given by section 457 .\nsch s 5 def BFM fatigue management system sub 2013 No. 4 s 12\nom 2025 No. 26 s 11 (1) (uncommenced annotation)\nBFM hours , for the purposes of Chapters 6 and 8 , has the meaning given by section 253 .\nsch s 5 def BFM hours sub 2013 No. 4 s 12\nom 2025 No. 26 s 11 (1) (uncommenced annotation)\nBFM standards and business rules , for the purposes of Chapter 8 , has the meaning given by section 457 .\nsch s 5 def BFM standards and business rules sub 2013 No. 4 s 12\nom 2025 No. 26 s 11 (1) (uncommenced annotation)\nBoard means the National Heavy Vehicle Regulator Board established under section 662 .\nsch s 5 def Board sub 2013 No. 4 s 12\nbody of fatigue knowledge means any accreditation scheme, scientific knowledge, expert opinion, guidelines, standards or other knowledge about preventing or managing exposure to risks to safety either on a road or in a workplace, arising from fatigue.\nsch s 5 def body of fatigue knowledge sub 2013 No. 4 s 12\nbus means a heavy motor vehicle built or fitted to carry more than 9 adults (including the driver).\nsch s 5 def bus sub 2013 No. 4 s 12\nbusiness practices , of a person, means the person’s practices in running a business associated with the use of a heavy vehicle on a road, including—\nthe operating policies and procedures of the business; and\nthe human resource and contract management arrangements of the business; and\nthe arrangements for preventing or minimising public risks associated with the person’s practices.\nsch s 5 def business practices ins 2016 No. 65 s 7 (2)\ncancel , for the purposes of Chapter 6 in relation to an unused daily sheet in a written work diary, has the meaning given by section 221 .\nsch s 5 def cancel sub 2013 No. 4 s 12\nom 2025 No. 26 s 11 (1) (uncommenced annotation)\ncategory , of heavy vehicles, see section 15 .\nsch s 5 def category ins 2013 No. 4 s 12\ncause , a thing, includes—\ncontribute to causing the thing; and\nencourage the thing.\nsch s 5 def cause sub 2013 No. 4 s 12\ncause of fatigue ...\nsch s 5 def cause of fatigue om 2013 No. 4 s 12\n_____\nsch s 5 def cause of fatigue or being unfit to drive ins 2025 No. 2 s 11 (2) (uncommenced amendment)\ncentre-line , of an axle, means—\nfor an axle consisting of 1 shaft—a line parallel to the length of the axle and passing through its centre; and\nfor an axle consisting of 2 shafts—a line in the vertical plane passing through—\nthe centre of both shafts; and\nthe centres of the wheels on the shafts.\nsch s 5 def centre-line sub 2013 No. 4 s 12\nclass 1 heavy vehicle has the meaning given by section 116 (1) and (2) .\nsch s 5 def class 1 heavy vehicle sub 2013 No. 4 s 12\nclass 2 heavy vehicle has the meaning given by section 136 .\nsch s 5 def class 2 heavy vehicle sub 2013 No. 4 s 12\nclass 2 heavy vehicle authorisation means—\na class 2 heavy vehicle authorisation (notice); or\na class 2 heavy vehicle authorisation (permit).\nsch s 5 def class 2 heavy vehicle authorisation sub 2013 No. 4 s 12\nclass 2 heavy vehicle authorisation (notice) has the meaning given by section 138 (2) .\nsch s 5 def class 2 heavy vehicle authorisation (notice) sub 2013 No. 4 s 12\nclass 2 heavy vehicle authorisation (permit) has the meaning given by section 143 (2) .\nsch s 5 def class 2 heavy vehicle authorisation (permit) sub 2013 No. 4 s 12\namd 2025 No. 26 s 11 (3) (uncommenced amendment)\nclass 3 heavy vehicle has the meaning given by section 116 (3) .\nsch s 5 def class 3 heavy vehicle sub 2013 No. 4 s 12\ncombination means a group of vehicles consisting of a motor vehicle towing 1 or more other vehicles.\nsch s 5 def combination sub 2013 No. 4 s 12\ncommercial consignor ...\nsch s 5 def commercial consignor sub 2013 No. 4 s 12\nom 2016 No. 65 s 7 (1)\nCommonwealth Gazette means the Commonwealth of Australia Gazette.\nsch s 5 def Commonwealth Gazette sub 2013 No. 4 s 12\nCommonwealth Gazette notice means notice published in the Commonwealth Gazette.\nsch s 5 def Commonwealth Gazette notice sub 2013 No. 4 s 12\nCommonwealth responsible Minister means the Commonwealth Minister nominated by the Commonwealth as the responsible Minister for the Commonwealth for the purposes of this Law.\nsch s 5 def Commonwealth responsible Minister sub 2013 No. 4 s 12\ncompensation order has the meaning given by section 611 (1) .\nsch s 5 def compensation order sub 2013 No. 4 s 12\ncomplaint , for an offence, means a complaint, charge, notice or other process that starts a proceeding for the offence.\nsch s 5 def complaint ins 2016 No. 65 s 7 (2)\ncompliance purposes means—\nmonitoring purposes; or\ninvestigation purposes.\nsch s 5 def compliance purposes sub 2013 No. 4 s 12\ncomplying container weight declaration has the meaning given by section 189 .\nsch s 5 def complying container weight declaration sub 2013 No. 4 s 12\ncomponent , of a heavy vehicle that is a combination, means—\nother than in Part 3.3 , a component vehicle of the combination; or\na component of any component vehicle of the combination.\nsch s 5 def component sub 2013 No. 4 s 12\namd 2015 No. 12 s 4 (4)\ncomponent vehicle , of a heavy combination, means the towing vehicle or another vehicle in the combination.\nsch s 5 def component vehicle sub 2013 No. 4 s 12\ncondition includes a restriction.\nsch s 5 def condition ins 2013 No. 4 s 12\nconditionally registered ...\nsch s 5 def conditionally registered sub 2013 No. 4 s 12\nom 2018 No. 10 s 14 (1)\nconduct means an act, an omission to perform an act, or a state of affairs.\nsch s 5 def conduct ins 2013 No. 4 s 12\nconsent includes an approval or concurrence.\nsch s 5 def consent ins 2013 No. 4 s 12\nconsign and consignor —\nA person consigns goods, and is a consignor of goods, for road transport using a heavy vehicle, if—\nthe person has consented to being, and is, named or otherwise identified as a consignor of the goods in the transport documentation relating to the road transport of the goods; or\nthe person engages an operator of the vehicle, either directly or indirectly or through an agent or other intermediary, to transport the goods by road; or\nif paragraphs (a) and (b) do not apply—the person has possession of, or control over, the goods immediately before the goods are transported by road.\nsch s 5 def consign and consignor sub 2013 No. 4 s 12\namd 2016 No. 65 s 7 (3)\nconsignee , of goods—\nmeans a person who—\nhas consented to being, and is, named or otherwise identified as the intended consignee of the goods in the transport documentation relating to the road transport of the goods; or\nactually receives the goods after completion of their road transport; but\ndoes not include a person who merely unloads the goods.\nsch s 5 def consignee sub 2013 No. 4 s 12\ncontainer weight declaration —\nmeans a written declaration, whether contained in 1 or more documents, stating or purporting to state the weight of a freight container and its contents; and\nan email, a placard fixed to the container\nSee the definition document in section 12 of Schedule 1 .\nincludes a copy of a declaration mentioned in paragraph (a) .\nsch s 5 def container weight declaration sub 2013 No. 4 s 12\namd 2018 No. 18 s 6 (3)\ncontract includes an agreement.\nsch s 5 def contract ins 2016 No. 65 s 7 (2)\nconverter dolly means a pig trailer with a fifth wheel coupling designed to convert a semitrailer into a dog trailer.\nsch s 5 def converter dolly sub 2013 No. 4 s 12\nconvict , a person of an offence, has the meaning given by section 9 (1) .\nsch s 5 def convict sub 2013 No. 4 s 12\nconvicted , of an offence, has the meaning given by section 9 (2) .\nsch s 5 def convicted sub 2013 No. 4 s 12\nconvicted person —\nfor the purposes of Division 5 of Part 10.3 , has the meaning given by section 599 (a) ; or\nfor the purposes of Division 6 of Part 10.3 , has the meaning given by section 606 (a) .\nsch s 5 def convicted person sub 2013 No. 4 s 12\ncorporation includes a body politic or corporate.\nsch s 5 def corporation sub 2013 No. 4 s 12\ncorresponding fatigue law , for the purposes of Chapter 6 , has the meaning given by section 221 .\nsch s 5 def corresponding fatigue law sub 2013 No. 4 s 12\ncritical risk breach , for a maximum work requirement or minimum rest requirement, has the meaning given by section 222 (4) .\nsch s 5 def critical risk breach sub 2013 No. 4 s 12\ndaily sheet , for a written work diary, for the purposes of Chapter 6 , has the meaning given by section 338 (2) (b) .\nsch s 5 def daily sheet sub 2013 No. 4 s 12\nom 2025 No. 26 s 11 (1) (uncommenced annotation)\ndatabase of heavy vehicles means the database of heavy vehicles kept under section 686A .\nsch s 5 def database of heavy vehicles ins 2018 No. 10 s 14 (2)\ndaytime means the period of a day between sunrise and sunset.\nsch s 5 def daytime sub 2013 No. 4 s 12\nde facto partner , of a person, means a person (whether of the same gender or a different gender) who is in a de facto relationship, within the meaning given by section 2F of the Acts Interpretation Act 1901 of the Commonwealth, with the person.\nsch s 5 def de facto partner sub 2013 No. 4 s 12\ndefective heavy vehicle , for the purposes of Division 6 of Part 9.3 , has the meaning given by section 525 .\nsch s 5 def defective heavy vehicle sub 2013 No. 4 s 12\ndefective vehicle label , for the purposes of Division 6 of Part 9.3 , has the meaning given by section 525 .\nsch s 5 def defective vehicle label sub 2013 No. 4 s 12\ndefendant , for a proceeding for an offence, means the person charged with the offence (whether called the defendant or the accused).\nsch s 5 def defendant sub 2013 No. 4 s 12\ndeficiency , for the purposes of Division 3 of Part 10.4 , has the meaning given by section 626 .\nsch s 5 def deficiency sub 2013 No. 4 s 12\ndimension requirement means—\na prescribed dimension requirement (under section 101 ); or\na requirement as to a dimension limit relating to a heavy vehicle under a condition to which a mass or dimension authority is subject (where the dimension limit is more restrictive than the relevant prescribed dimension requirement); or\na requirement as to a dimension limit under a PBS vehicle approval; or\na requirement as to a dimension limit indicated by an official traffic sign; or\nSee the definitions indicated and official traffic sign .\na requirement as to a dimension limit for a component vehicle as prescribed by a heavy vehicle standard.\nsch s 5 def dimension requirement ins 2013 No. 4 s 12\ndimension requirements ...\nsch s 5 def dimension requirements om 2013 No. 4 s 12\ndrive , a vehicle or combination, includes—\nbe in control of the steering, movement or propulsion of the vehicle or combination; and\nfor a trailer—drive a vehicle towing the trailer.\nsch s 5 def drive sub 2013 No. 4 s 12\ndriver , of a vehicle or combination—\nmeans the person driving the vehicle or combination; and\nincludes—\na person accompanying the person driving the vehicle or combination on a journey or part of a journey, who has been, is or will be sharing the task of driving the vehicle or combination during the journey or part; and\na person who is driving the vehicle or combination as a driver under instruction or under an appropriate learner licence or learner permit; and\nwhere the driver is a driver under instruction, the holder of a driver licence occupying the seat in the vehicle or combination next to the driver.\nsch s 5 def driver sub 2013 No. 4 s 12\ndriver fatigue compliance function , for the purposes of Part 13.4 , has the meaning given by section 727 (1) .\nsch s 5 def driver fatigue compliance function ins 2015 No. 12 s 4 (5)\ndriver fatigue provision , for the purposes of Part 13.4 , has the meaning given by section 727 (1) .\nsch s 5 def driver fatigue provision ins 2015 No. 12 s 4 (5)\ndriver licence means—\na driver licence issued under a law of a State or Territory that regulates the use of vehicles on roads; or\na licence, permit or other authorisation to drive a motor vehicle issued under a law of another country if a law mentioned in paragraph (a) exempts the holder of the licence, permit or other authorisation from the requirement to hold a driver licence under that law to drive a motor vehicle.\nsch s 5 def driver licence sub 2013 No. 4 s 12\nelectronic recording system has the meaning given by section 221 .\nsch s 5 def electronic recording system sub 2013 No. 4 s 12\nsub 2025 No. 26 s 11 (1) – (2) (uncommenced amendment)\nelectronic recording system approval means an approval of an electronic recording system under Division 7 of Part 6.4 .\nsch s 5 def electronic recording system approval sub 2013 No. 4 s 12\nelectronic work diary has the meaning given by section 221 .\nsch s 5 def electronic work diary sub 2013 No. 4 s 12\nelectronic work diary authorised use , for the purposes of Part 13.4 , has the meaning given by section 727 (1) .\nsch s 5 def electronic work diary authorised use ins 2015 No. 12 s 4 (7)\nelectronic work diary information , for the purposes of Part 13.4 , has the meaning given by section 727 (1) .\nsch s 5 def electronic work diary information ins 2015 No. 12 s 4 (7)\nelectronic work diary label ...\nsch s 5 def electronic work diary label sub 2013 No. 4 s 12\nom 2015 No. 12 s 4 (6)\nelectronic work diary protected information , for the purposes of Part 13.4 , has the meaning given by section 727 (1) .\nsch s 5 def electronic work diary protected information ins 2015 No. 12 s 4 (7)\nembargo notice has the meaning given by section 557 (2) .\nsch s 5 def embargo notice sub 2013 No. 4 s 12\nembargoed thing means a thing the subject of an embargo notice.\nsch s 5 def embargoed thing sub 2013 No. 4 s 12\nemployed driver , of a heavy vehicle, means a person who is employed by someone else to drive the vehicle.\nsch s 5 def employed driver sub 2013 No. 4 s 12\nemployee means an individual who is employed by someone else.\nsch s 5 def employee sub 2013 No. 4 s 12\nemployer means a person who employs someone else.\nsch s 5 def employer sub 2013 No. 4 s 12\nencourage includes give an incentive.\nsch s 5 def encourage ins 2016 No. 65 s 7 (2)\nengage ...\nsch s 5 def engage om 2013 No. 4 s 12\nentity includes a person, an unincorporated partnership and an unincorporated body.\nsch s 5 def entity sub 2013 No. 4 s 12\namd 2016 No. 65 s 7 (4)\nentry , in a work record, for the purposes of Chapter 6 , has the meaning given by section 221 .\nsch s 5 def entry sub 2013 No. 4 s 12\nequipment , in relation to a heavy vehicle, includes tools, devices and accessories in the vehicle.\nsch s 5 def equipment sub 2013 No. 4 s 12\nescort vehicle means a pilot vehicle that is driven by a police officer or another person authorised to direct traffic under an Australian road law.\nsch s 5 def escort vehicle sub 2013 No. 4 s 12\nexamine includes analyse, test, account, measure, weigh, grade, gauge or identify.\nsch s 5 def examine sub 2013 No. 4 s 12\nexecutive officer , of a corporation, means—\na director of the corporation; or\nany person, by whatever name called and whether or not the person is a director of the corporation, who is concerned or takes part in the management of the corporation.\nsch s 5 def executive officer sub 2013 No. 4 s 12\nexemption hours , for the purposes of Chapter 6 , has the meaning given by section 259 .\nsch s 5 def exemption hours sub 2013 No. 4 s 12\nexercise , for a function, includes perform.\nsch s 5 def exercise sub 2013 No. 4 s 12\nextract , of a document, device or other thing, means a copy of any information contained in the document, device or other thing.\nSee the definition document in section 12 of Schedule 1 .\nsch s 5 def extract sub 2013 No. 4 s 12\namd 2018 No. 18 s 6 (3)\nfalse or misleading means false or misleading in a material particular.\nsch s 5 def false or misleading ins 2016 No. 65 s 7 (2)\nfatigue has the meaning given by section 223 .\nsch s 5 def fatigue sub 2013 No. 4 s 12\n_____\nsch s 5 def fatigue alternative compliance accreditation ins 2025 No. 26 s 11 (2) (uncommenced amendment)\nfatigue record keeping exemption means—\na fatigue record keeping exemption (notice); or\na fatigue record keeping exemption (permit).\nsch s 5 def fatigue record keeping exemption ins 2013 No. 4 s 12\nfatigue record keeping exemption (notice) has the meaning given by section 378 .\nsch s 5 def fatigue record keeping exemption (notice) ins 2013 No. 4 s 12\nfatigue record keeping exemption (permit) has the meaning given by section 383 .\nsch s 5 def fatigue record keeping exemption (permit) ins 2013 No. 4 s 12\nfatigue-regulated bus means a heavy motor vehicle built or fitted to carry more than 12 adults (including the driver).\nA fatigue-regulated bus is a bus that weighs more than 4.5t for the purposes of being regulated under this Law.\nsch s 5 def fatigue-regulated bus sub 2013 No. 4 s 12\nfatigue-regulated heavy vehicle has the meaning given by section 7 .\nsch s 5 def fatigue-regulated heavy vehicle sub 2013 No. 4 s 12\nfifth wheel coupling means a device (other than an upper rotating element and a kingpin) used with a prime mover, semitrailer or converter dolly to—\npermit quick coupling and uncoupling; and\nprovide for articulation.\nsch s 5 def fifth wheel coupling sub 2013 No. 4 s 12\nfilm , a thing, includes—\nphotograph or videotape the thing; and\nrecord an image of the thing in another way.\nsch s 5 def film sub 2013 No. 4 s 12\nfit , to drive a heavy vehicle, or to start or stop its engine, for a person, means the person—\nis apparently physically and mentally fit to drive the vehicle, or start or stop its engine; and\nis not apparently affected by either or both of the following—\nalcohol;\na drug that affects a person’s ability to drive a vehicle; and\nis not found to have an alcohol concentration in the person’s blood or breath exceeding the amount permitted, under an Australian road law of this jurisdiction, for the driver of a heavy vehicle; and\nis not found to be under the influence of a drug or to have present in the person’s blood or saliva a drug that the driver of a heavy vehicle is not permitted to have present in the driver’s blood or saliva under an Australian road law of this jurisdiction.\nsch s 5 def fit sub 2013 No. 4 s 12\nsub 2025 No. 26 s 11 (1) – (2) (uncommenced amendment)\nfreight container means—\na re-usable container of the kind mentioned in AS 3711.1 that is designed for repeated use for transporting goods; or\nAS 3711.1 may be purchased from Standards Australia at www.standards.org.au.\na re-usable container of the same or a similar design and construction to a container mentioned in paragraph (a) though of different dimensions.\nsch s 5 def freight container sub 2013 No. 4 s 12\nFund means the National Heavy Vehicle Regulator Fund established under section 687 .\nsch s 5 def Fund sub 2013 No. 4 s 12\ngarage address , of a heavy vehicle, means—\nfor a heavy vehicle normally kept at a depot when not in use—the principal depot of the vehicle; or\nfor a heavy vehicle not normally kept at a depot when not in use—the address of the place of business or residence at which the vehicle is normally kept when not in use.\nsch s 5 def garage address sub 2013 No. 4 s 12\nGCM (gross combination mass), of a motor vehicle, means the total maximum loaded mass of the motor vehicle and any vehicles it may lawfully tow at any given time—\nif the registration authority has specified the total maximum loaded mass of the motor vehicle and any vehicles it may lawfully tow at any given time—specified by the registration authority; or\notherwise—stated by the motor vehicle’s manufacturer.\nsch s 5 def GCM sub 2013 No. 4 s 12\namd 2018 No. 10 s 14 (3)\n_____\nsch s 5 def general safety accreditation ins 2025 No. 26 s 11 (2) (uncommenced amendment)\ngoods —\nincludes—\nanimals (whether alive or dead); and\na container (whether empty or not); but\ndoes not include—\npeople; or\nfuel, water, lubricants and readily removable equipment required for the normal use of the vehicle or combination in which they are carried; or\npersonal items used by the driver of the vehicle or combination, or someone else necessary for the normal use of the vehicle, in which they are carried.\nsch s 5 def goods sub 2013 No. 4 s 12\nGVM (gross vehicle mass), of a vehicle, means the maximum loaded mass of the vehicle—\nif the registration authority has specified the vehicle’s maximum loaded mass—specified by the registration authority; or\notherwise—stated by the vehicle’s manufacturer.\nsch s 5 def GVM sub 2013 No. 4 s 12\namd 2018 No. 10 s 14 (4)\nhauling unit means a motor vehicle that forms part of a combination, but does not include a prime mover.\nsch s 5 def hauling unit ins 2013 No. 4 s 12\nheavy combination means a combination that is a heavy vehicle.\nsch s 5 def heavy combination sub 2013 No. 4 s 12\nheavy motor vehicle means a motor vehicle that is a heavy vehicle.\nsch s 5 def heavy motor vehicle sub 2013 No. 4 s 12\nheavy trailer means a trailer that is a heavy vehicle.\nsch s 5 def heavy trailer ins 2013 No. 4 s 12\nheavy vehicle has the meaning given by section 6 .\nsch s 5 def heavy vehicle sub 2013 No. 4 s 12\nheavy vehicle accreditation means—\nAFM accreditation; or\nBFM accreditation; or\nmaintenance management accreditation; or\nmass management accreditation.\nsch s 5 def heavy vehicle accreditation sub 2013 No. 4 s 12\nsub 2025 No. 26 s 11 (1) – (2) (uncommenced amendment)\nheavy vehicle standards has the meaning given by section 59 .\nsch s 5 def heavy vehicle standards sub 2013 No. 4 s 12\nhigher mass limits , for the purposes of Chapter 7 , has the meaning given by section 403 .\nsch s 5 def higher mass limits sub 2013 No. 4 s 12\nHML authority , for the purposes of Chapter 7 , has the meaning given by section 403 .\nsch s 5 def HML authority sub 2013 No. 4 s 12\nhome address means—\nfor an individual—the individual’s residential address in Australia; or\nfor a body corporate with a registered office in Australia—the address of the registered office; or\nfor another person—the address of the person’s principal or only place of business in Australia.\nsch s 5 def home address sub 2013 No. 4 s 12\nidentification details , for the purposes of Division 6 of Part 9.3 , has the meaning given by section 525 .\nsch s 5 def identification details sub 2013 No. 4 s 12\nidentification plate means a plate approved to be placed on a vehicle, or taken to have been placed on a vehicle, under the Motor Vehicle Standards Act 1989 .\nsch s 5 def identification plate sub 2013 No. 4 s 12 ; 2019 No. 29 s 4\nimpaired by fatigue has the meaning given by section 225 .\nsch s 5 def impaired by fatigue sub 2013 No. 4 s 12\namd 2025 No. 26 s 11 (4) (uncommenced amendment)\nimprovement notice has the meaning given by section 572 (2) .\nsch s 5 def improvement notice sub 2013 No. 4 s 12\nin , a vehicle, includes on the vehicle.\nsch s 5 def in sub 2013 No. 4 s 12\nindicated , by an official traffic sign, includes—\nindicated by way of a direction on an official traffic sign; and\nindicated by way of a direction, indication or requirement that, under a law, is prescribed as being given or imposed, because of an official traffic sign.\nsch s 5 def indicated ins 2013 No. 4 s 12\nindictable offence means an offence mentioned in section 26F .\nsch s 5 def indictable offence ins 2016 No. 65 s 7 (2)\namd 2025 No. 26 s 11 (5) (uncommenced amendment)\ninformation includes—\ninformation in the form of a printed document; and\nSee the definitions printed and document in section 12 of Schedule 1 .\ninformation stored electronically.\nsch s 5 def information ins 2016 No. 65 s 7 (2)\namd 2018 No. 18 s 6 (4)\ninformation notice , for a decision, means a notice stating the following—\nthe decision;\nthe reasons for the decision;\nthe review and appeal information for the decision.\nsch s 5 def information notice sub 2013 No. 4 s 12\ninfringement notice means—\nan infringement notice issued under section 591 ; or\nan infringement notice, expiation notice, penalty notice or similar notice under the Infringement Notice Offences Law.\nsch s 5 def infringement notice sub 2013 No. 4 s 12\nInfringement Notice Offences Law , for a participating jurisdiction, means the law that is declared by a law of that jurisdiction to be the Infringement Notice Offences Law for the purposes of this Law.\nsch s 5 def Infringement Notice Offences Law sub 2013 No. 4 s 12\ninspect , a thing, includes—\nopen the thing and examine its contents; and\ntest the thing or its contents or both.\nsch s 5 def inspect sub 2013 No. 4 s 12\ninsurer ...\nsch s 5 def insurer sub 2013 No. 4 s 12\nom 2018 No. 10 s 14 (1)\nintelligent access map means the spatial data set in electronic form, issued by TCA from time to time, that defines the national public road system.\nsch s 5 def intelligent access map ins 2013 No. 4 s 12\nintelligent access program agreement , for the purposes of Chapter 7 , has the meaning given by section 403 .\nsch s 5 def intelligent access program agreement sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\nintelligent access program audit , for the purposes of Chapter 7 , has the meaning given by section 403 .\nsch s 5 def intelligent access program audit sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\nintelligent access program auditor means a person engaged by TCA for auditing activities conducted by intelligent access program service providers.\nsch s 5 def intelligent access program auditor sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\nintelligent access program conditions has the meaning given by section 402 .\nsch s 5 def intelligent access program conditions sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\nintelligent access program information , for the purposes of Chapter 7 , has the meaning given by section 403 .\nsch s 5 def intelligent access program information sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\nintelligent access program reporting entity , for the purposes of Chapter 6 , has the meaning given by section 221 .\nsch s 5 def intelligent access program reporting entity sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\nintelligent access program service provider has the meaning given by section 403 .\nsch s 5 def intelligent access program service provider sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\nintelligent access program vehicle , for the purposes of Chapter 7 , has the meaning given by section 403 .\nsch s 5 def intelligent access program vehicle sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\nintelligent transport system means a system involving the use of electronic or other technology, whether located in a heavy vehicle or on or near a road or elsewhere, that is able to monitor, generate, record, store, display, analyse, transmit or report information about—\nany or all of the following—\na heavy vehicle, its equipment or load;\nthe driver of a heavy vehicle;\nan operator of a heavy vehicle;\nanyone else involved in road transport using a heavy vehicle; and\nwithout limiting paragraph (a) , the compliance or noncompliance with this Law of the use of a heavy vehicle on a road.\nsch s 5 def intelligent transport system sub 2013 No. 4 s 12\ninvestigation purposes means investigating a contravention or suspected contravention of this Law.\nsch s 5 def investigation purposes sub 2013 No. 4 s 12\njourney documentation —\nmeans a document, other than transport documentation, in any form—\ndirectly or indirectly associated with—\na transaction for the actual or proposed road transport of goods or passengers using a heavy vehicle, or for a previous transport of the goods or passengers by any transport method; or\ngoods or passengers, to the extent the document is relevant to a transaction for their actual or proposed road transport; and\nwhether relating to a particular journey or to journeys generally; and\nincludes, for example, any or all of the following—\na document kept, used or obtained by a responsible person for a heavy vehicle in connection with the transport of goods or passengers;\na workshop, maintenance or repair record relating to a heavy vehicle used, or claimed to be used, for transporting goods or passengers;\na subcontractor’s payment advice relating to goods or passengers or their transport;\nrecords kept, used or obtained by the driver of a heavy vehicle used, or claimed to be used, for transporting goods or passengers;\ndriver’s run sheet\nwork diary entry\nfuel docket or receipt\nfood receipt\ntollway receipt\npay record\nmobile or other telephone record\ninformation reported through the use of an intelligent transport system;\na driver manual or instruction sheet;\nan advice resulting from check weighing of a heavy vehicle’s mass or load performed before, during or after a journey.\nSee the definition document in section 12 of Schedule 1 .\nsch s 5 def journey documentation sub 2013 No. 4 s 12\namd 2018 No. 18 s 6 (3)\nlaw enforcement agency means an agency that has functions or activities directed at the prevention, detection, investigation, prosecution or punishment of offences and other contraventions of a law for which penalties or sanctions may be imposed.\nsch s 5 def law enforcement agency sub 2013 No. 4 s 12\nlaw enforcement purposes , for the purposes of Chapter 7 , has the meaning given by section 403 .\nsch s 5 def law enforcement purposes sub 2013 No. 4 s 12\nload , of a heavy vehicle or in a heavy vehicle, means—\nall the goods, passengers, drivers and other persons in the vehicle; and\nall fuel, water, lubricants and readily removable equipment carried in the vehicle and required for its normal use; and\npersonal items used by the vehicle’s driver or someone else necessary for the normal use of the vehicle; and\nanything that is normally removed from the vehicle when not in use.\nsch s 5 def load , of a heavy vehicle or in a heavy vehicle, sub 2013 No. 4 s 12\nload , when used as a verb, and loader —\nA person loads goods in a heavy vehicle, and is a loader of goods in a heavy vehicle, if the person is a person who—\nloads the vehicle, or any container that is in or part of the vehicle, with the goods for road transport; or\nloads the vehicle with a freight container, whether or not it contains goods, for road transport.\nsch s 5 def load , when used as a verb, and loader sub 2013 No. 4 s 12\nloaded mass , of a vehicle, means the vehicle’s mass together with the mass of the vehicle’s load that is transmitted to the ground.\nsch s 5 def loaded mass sub 2013 No. 4 s 12\nloading manager , for goods in a heavy vehicle, means—\na person who manages, or is responsible for the operation of, regular loading or unloading premises for heavy vehicles where the goods are—\nloaded onto the heavy vehicle; or\nunloaded from the heavy vehicle; or\na person who has been assigned by a person mentioned in paragraph (a) as responsible for supervising, managing or controlling, directly or indirectly, activities carried out by a loader or unloader of goods at regular loading or unloading premises for heavy vehicles.\nsch s 5 def loading manager sub 2013 No. 4 s 12 ; 2016 No. 65 s 7 (1) – (2)\nloading requirements has the meaning given by section 110 .\nsch s 5 def loading requirements sub 2013 No. 4 s 12\nlocal government authority , for a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be a local government authority for that jurisdiction for the purposes of this Law.\nsch s 5 def local government authority sub 2013 No. 4 s 12\nmaintenance management accreditation means—\nmaintenance management accreditation granted under section 458 ; or\naccreditation of a similar kind under another law of a participating jurisdiction.\nsch s 5 def maintenance management accreditation sub 2013 No. 4 s 12\namd 2015 No. 12 s 4 (8)\nom 2025 No. 26 s 11 (1) (uncommenced amendment)\nmaintenance management standards and business rules , for the purposes of Chapter 8 , has the meaning given by section 457 .\nsch s 5 def maintenance management standards and business rules sub 2013 No. 4 s 12\nom 2025 No. 26 s 11 (1) (uncommenced amendment)\nmaintenance management system , for the purposes of Chapter 8 , has the meaning given by section 457 .\nsch s 5 def maintenance management system sub 2013 No. 4 s 12\nom 2025 No. 26 s 11 (1) (uncommenced amendment)\nmajor defect notice means a notice complying with the requirements for a major defect notice under section 527 .\nsch s 5 def major defect notice sub 2013 No. 4 s 12 ; 2019 No. 29 s 7\nmajor rest break , for the purposes of Chapter 6 , has the meaning given by section 221 .\nsch s 5 def major rest break sub 2013 No. 4 s 12\nmalfunction —\nfor the purposes of Chapter 6 , has the meaning given by section 221 ; and\nfor the purposes of Chapter 7 , has the meaning given by section 403 .\nsch s 5 def malfunction sub 2013 No. 4 s 12\nmanagement member , of an unincorporated body, means—\nif the body has a management committee—each member of the management committee; or\notherwise—each member who is concerned with, or takes part in, the body’s management, whatever name is given to the member’s position in the body.\nsch s 5 def management member ins 2016 No. 65 s 7 (2)\nmass, dimension or loading requirement means a mass requirement, dimension requirement or loading requirement.\nsch s 5 def mass, dimension or loading requirement sub 2013 No. 4 s 12\nmass management accreditation means—\nmass management accreditation granted under section 458 ; or\naccreditation of a similar kind under another law of a participating jurisdiction.\nsch s 5 def mass management accreditation sub 2013 No. 4 s 12\namd 2015 No. 12 s 4 (9)\nom 2025 No. 26 s 11 (1) (uncommenced amendment)\nmass management standards and business rules , for the purposes of Chapter 8 , has the meaning given by section 457 .\nsch s 5 def mass management standards and business rules sub 2013 No. 4 s 12\nom 2025 No. 26 s 11 (1) (uncommenced amendment)\nmass management system , for the purposes of Chapter 8 , has the meaning given by section 457 .\nsch s 5 def mass management system sub 2013 No. 4 s 12\nom 2025 No. 26 s 11 (1) (uncommenced amendment)\nmass or dimension authority means—\na mass or dimension exemption; or\na class 2 heavy vehicle authorisation.\nsch s 5 def mass or dimension authority sub 2013 No. 4 s 12\nmass or dimension exemption means—\na mass or dimension exemption (notice); or\na mass or dimension exemption (permit).\nsch s 5 def mass or dimension exemption sub 2013 No. 4 s 12\nmass or dimension exemption (notice) has the meaning given by section 117 (2) .\nsch s 5 def mass or dimension exemption (notice) sub 2013 No. 4 s 12\nmass or dimension exemption (permit) has the meaning given by section 122 (3) .\nsch s 5 def mass or dimension exemption (permit) sub 2013 No. 4 s 12\namd 2025 No. 26 s 11 (6) (uncommenced amendment)\nmass requirement means—\na prescribed mass requirement (under section 95 ); or\na requirement as to a mass limit relating to a heavy vehicle under a condition to which a mass or dimension authority is subject (where the mass limit is lower than the relevant prescribed mass requirement); or\na requirement as to a mass limit under a PBS vehicle approval; or\na requirement as to a mass limit indicated by an official traffic sign; or\nSee the definitions indicated and official traffic sign .\na requirement as to a mass limit under the GVM or GCM for a heavy vehicle; or\na requirement as to a mass limit for a component vehicle as stated by the manufacturer or as prescribed by a heavy vehicle standard.\nsch s 5 def mass requirement ins 2013 No. 4 s 12\nmass requirements ...\nsch s 5 def mass requirements om 2013 No. 4 s 12\nmaximum work requirement means a requirement of Chapter 6 relating to a maximum work time for the driver of a fatigue-regulated heavy vehicle.\nsch s 5 def maximum work requirement sub 2013 No. 4 s 12\nmaximum work time means the maximum time the driver of a fatigue-regulated heavy vehicle may drive a fatigue-regulated heavy vehicle, or otherwise work, without taking a rest.\nsch s 5 def maximum work time sub 2013 No. 4 s 12\nminimum rest requirement means a requirement of Chapter 6 relating to the minimum rest time for the driver of a fatigue-regulated heavy vehicle.\nsch s 5 def minimum rest requirement sub 2013 No. 4 s 12\nminimum rest time means the minimum time the driver of a fatigue-regulated heavy vehicle must rest in order to break up the period of time the driver drives a fatigue-regulated heavy vehicle or otherwise works.\nsch s 5 def minimum rest time sub 2013 No. 4 s 12\nminor defect notice means a notice complying with the requirements for a minor defect notice under section 527 .\nsch s 5 def minor defect notice sub 2013 No. 4 s 12 ; 2019 No. 29 s 7\nminor risk breach —\nfor a mass requirement—has the meaning given by section 98 ; or\nfor a dimension requirement—has the meaning given by section 105 ; or\nfor a loading requirement—has the meaning given by section 112 ; or\nfor a maximum work requirement or minimum rest requirement—has the meaning given by section 222 (1) .\nsch s 5 def minor risk breach sub 2013 No. 4 s 12\nmistake of fact defence ...\nsch s 5 def mistake of fact defence sub 2013 No. 4 s 12\nom 2016 No. 65 s 7 (1)\nmodification , for the purposes of Part 3.3 , has the meaning given by section 84 .\nsch s 5 def modification ins 2015 No. 12 s 4 (10)\nmonitoring purposes means finding out whether this Law is being complied with.\nsch s 5 def monitoring purposes sub 2013 No. 4 s 12\nmotor vehicle means a vehicle built to be propelled by a motor that forms part of the vehicle.\nsch s 5 def motor vehicle sub 2013 No. 4 s 12\nMotor Vehicle Standards Act 1989 means the repealed Motor Vehicle Standards Act 1989 of the Commonwealth as in force before its repeal.\nsch s 5 def Motor Vehicle Standards Act 1989 ins 2019 No. 29 s 4 (2)\nnational regulations means the regulations made under section 730 .\nsch s 5 def national regulations sub 2013 No. 4 s 12\nNational Transport Commission means the National Transport Commission established by the National Transport Commission Act 2003 of the Commonwealth.\nsch s 5 def National Transport Commission sub 2013 No. 4 s 12\nnight means the period between sunset on a day and sunrise on the next day.\nsch s 5 def night sub 2013 No. 4 s 12\nnight rest break means—\n7 continuous hours stationary rest time between 10p.m. on a day and 8a.m. on the next day; or\nUnder sections 248 and 303 , the time must be based on the time zone of the driver's base for drivers on a journey in a different time zone to the driver's base.\n24 continuous hours stationary rest time.\nsch s 5 def night rest break sub 2013 No. 4 s 12\namd 2025 No. 26 s 11 (7) (uncommenced amendment)\nnight work time , for the purposes of Chapter 6 , has the meaning given by section 221 .\nsch s 5 def night work time sub 2013 No. 4 s 12\nnoncompliance report , for the purposes of Chapter 7 , has the meaning given by section 403 .\nsch s 5 def noncompliance report sub 2013 No. 4 s 12\nnon-participating jurisdiction , for the purposes of Chapter 6 , has the meaning given by section 221 .\nsch s 5 def non-participating jurisdiction sub 2013 No. 4 s 12\nnotice —\nmeans written notice; and\nfor the purposes of Division 5B of Part 9.4 , has the meaning given by section 576D .\nsch s 5 def notice sub 2013 No. 4 s 12 ; 2018 No. 18 s 6 (1) – (2)\noccupier , of a place, includes the following—\nif there is more than 1 person who apparently occupies the place—any 1 of the persons;\nany person at the place who is apparently acting with the authority of a person who apparently occupies the place;\nif no-one apparently occupies the place—any person who is an owner of the place.\nsch s 5 def occupier sub 2013 No. 4 s 12\noffence warning ...\nsch s 5 def offence warning om 2013 No. 4 s 12\nofficial means any of the following persons exercising a function under this Law—\nthe Regulator;\na road authority;\nan authorised officer.\nsch s 5 def official sub 2013 No. 4 s 12\nofficial traffic sign means a sign or device erected or placed, under a law, by a public authority (including, for example, a police force or police service) to regulate traffic.\nsch s 5 def official traffic sign ins 2013 No. 4 s 12\noperate and operator —\nA person operates a vehicle or combination, and is an operator of the vehicle or combination, if the person is responsible for controlling or directing the use of—\nfor a vehicle (including a vehicle in a combination)—the vehicle; or\nfor a combination—the towing vehicle in the combination.\nsch s 5 def operate and operator sub 2013 No. 4 s 12\noversize vehicle means a heavy vehicle that does not comply with a dimension requirement applying to it.\nsch s 5 def oversize vehicle sub 2013 No. 4 s 12\nowner —\nof a vehicle means—\neach person who is an owner, joint owner or part owner of the vehicle; or\na person who has the use or control of the vehicle under a credit agreement, hiring agreement, hire-purchase agreement or leasing arrangement; or\nof a combination means—\neach person who is an owner, joint owner or part owner of the towing vehicle in the combination; or\na person who has the use or control of the towing vehicle in the combination under a credit agreement, hiring agreement, hire-purchase agreement or leasing arrangement; or\nof a sample means an owner of the sample or the thing from which it was taken.\nsch s 5 def owner sub 2013 No. 4 s 12\npack and packer —\nA person packs goods, and is a packer of goods, if the person—\nputs the goods in packaging, even if that packaging is already on a vehicle; or\nA person who uses a hose to fill the tank of a tank vehicle with petrol packs the petrol for transport.\nassembles the goods as packaged goods in an outer packaging, even if that packaging is already on a vehicle; or\nsupervises an activity mentioned in paragraph (a) or (b) ; or\nmanages or controls an activity mentioned in paragraph (a) , (b) or (c) .\nsch s 5 def pack and packer sub 2013 No. 4 s 12\npackaging , in relation to goods, means anything that contains, holds, protects or encloses the goods, whether directly or indirectly, to enable 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, as in the case of a drum in which goods are directly placed.\nsch s 5 def packaging sub 2013 No. 4 s 12\nparticipating jurisdiction —\nfor the purposes of this Law other than Chapter 6 —means a State or Territory in which—\nthis Law applies as a law of the State or Territory; or\na law that substantially corresponds to the provisions of this Law has been enacted; or\na law prescribed by the national regulations for the purposes of this subparagraph has been enacted; or\nfor the purposes of Chapter 6 —has the meaning given by section 221 .\nsch s 5 def participating jurisdiction sub 2013 No. 4 s 12\nparticipation day ...\nsch s 5 def participation day om 2013 No. 4 s 12\nparty in the chain of responsibility , for a heavy vehicle, means each of the following persons—\nif the vehicle’s driver is an employed driver—an employer of the driver;\nif the vehicle’s driver is a self-employed driver—a prime contractor for the driver;\nan operator of the vehicle;\na scheduler for the vehicle;\na consignor of any goods in the vehicle;\na consignee of any goods in the vehicle;\na packer of any goods in the vehicle;\na loading manager for any goods in the vehicle;\na loader of any goods in the vehicle;\nan unloader of any goods in the vehicle.\nsch s 5 def party in the chain of responsibility sub 2013 No. 4 s 12 ; 2016 No. 65 s 7 (1) – (2)\npassenger , of a vehicle, means any person carried in the vehicle other than the vehicle’s driver or someone else necessary for the normal use of the vehicle.\nsch s 5 def passenger sub 2013 No. 4 s 12\nPBS design approval means a current approval given under section 22 for the design of a type of heavy vehicle that, if built to the design, is eligible for PBS vehicle approval.\n‘PBS’ stands for performance based standards.\nsch s 5 def PBS design approval ins 2013 No. 4 s 12\nPBS Review Panel means an advisory body appointed by the Regulator to provide expert advice in the assessment of applications for PBS design approvals or PBS vehicle approvals and of their impacts.\nThe membership of the PBS Review Panel consists of one representative of each State and Territory, an independent Chairperson and an independent Deputy Chairperson. The Commonwealth may, if it decides to do so, nominate a representative of the Commonwealth. The procedure of the Panel is as determined by the Regulator.\nsch s 5 def PBS Review Panel ins 2013 No. 4 s 12\nPBS vehicle means a heavy vehicle that is the subject of a current PBS vehicle approval under Part 1.4 .\nsch s 5 def PBS vehicle ins 2013 No. 4 s 12\nPBS vehicle approval means a current approval issued for a heavy vehicle by the Regulator under section 23 .\nsch s 5 def PBS vehicle approval ins 2013 No. 4 s 12\npersonal information —\ngenerally, means information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be found out, from the information or opinion; and\nfor the purposes of Chapter 7 , has the meaning given by section 403 .\nsch s 5 def personal information sub 2013 No. 4 s 12\npig trailer means a trailer—\nwith 1 axle group or a single axle near the middle of its load carrying surface; and\nconnected to the towing vehicle by a drawbar.\nsch s 5 def pig trailer ins 2013 No. 4 s 12\npilot vehicle means a motor vehicle that accompanies an oversize vehicle to warn other road users of the oversize vehicle’s presence.\nsch s 5 def pilot vehicle sub 2013 No. 4 s 12\nplace of business , for the purposes of Part 9.2 , has the meaning given by section 494 .\nsch s 5 def place of business sub 2013 No. 4 s 12\npole-type trailer means a trailer that—\nis attached to a towing vehicle by a pole or an attachment fitted to a pole; and\nis ordinarily used for transporting loads, such as logs, pipes, structural members, or other long objects, that can generally support themselves like beams between supports.\nsch s 5 def pole-type trailer sub 2013 No. 4 s 12\npolice commissioner means the head of the police force or police service (however called) of a participating jurisdiction.\nsch s 5 def police commissioner sub 2013 No. 4 s 12\npremises —\nmeans a building or other structure, a vessel, or another place (whether built on or not)—\nfrom which a business is carried out; or\nat or from which goods are loaded onto or unloaded from vehicles; and\nincludes a part of a building, structure, vessel or place mentioned in paragraph (a) .\nsch s 5 def premises sub 2013 No. 4 s 12\nprescribed dimension requirement means a requirement prescribed by the national regulations under section 101 .\nsch s 5 def prescribed dimension requirement ins 2013 No. 4 s 12\nprescribed fee means a fee prescribed by the national regulations under section 740 (1) .\nsch s 5 def prescribed fee sub 2013 No. 4 s 12\nprescribed mass requirement means a requirement prescribed by the national regulations under section 95 .\nsch s 5 def prescribed mass requirement ins 2013 No. 4 s 12\n_____\nsch s 5 def prescribed operations requirement ins 2025 No. 26 s 11 (1) (uncommenced amendment)\nprevious corresponding law —\nA previous corresponding law is a law of a participating jurisdiction that, before the participation day for the jurisdiction, provided for the same, or substantially the same, matters as the provisions of this Law.\nA previous corresponding law for a provision of this Law is a provision of a previous corresponding law within the meaning of paragraph 1 that corresponds, or substantially corresponds, to the provision of this Law.\nFor the purposes of paragraph 1, it is irrelevant whether the law of the participating jurisdiction—\nis in 1 instrument or 2 or more instruments; or\nis part of an instrument; or\nis part of an instrument and the whole or part of 1 or more other instruments.\nsch s 5 def previous corresponding law sub 2013 No. 4 s 12\nprime contractor , of the driver of a heavy vehicle, means a person who engages the driver to drive the vehicle under a contract for services.\na logistics business that engages a subcontractor to transport goods.\nsch s 5 def prime contractor sub 2013 No. 4 s 12\nprime mover means a heavy motor vehicle designed to tow a semitrailer.\nsch s 5 def prime mover sub 2013 No. 4 s 12\nprohibition notice has the meaning given by section 576A (3) .\nsch s 5 def prohibition notice ins 2018 No. 18 s 6 (2)\nprohibition order has the meaning given by section 607 (1) .\nsch s 5 def prohibition order sub 2013 No. 4 s 12\npromisee see section 590A .\nsch s 5 def promisee ins 2016 No. 65 s 7 (2)\nprotected information , for the purposes of Part 13.4 , has the meaning given by section 727 .\nsch s 5 def protected information sub 2013 No. 4 s 12\npublic authority means—\na State or Territory or the Commonwealth, in any capacity; or\na body established under a law, or the holder of an office established under a law, for a public purpose, including a local government authority.\nsch s 5 def public authority sub 2013 No. 4 s 12\npublic notice means a notice—\nin the Commonwealth Gazette; and\non the Regulator’s website; and\nif the Regulator considers it appropriate—in another way, including, for example, in a national newspaper.\nsch s 5 def public notice ins 2016 No. 65 s 117\npublic place means a place or part of a place—\nthat the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or\nthe occupier of which allows members of the public to enter, whether or not on payment of money.\nsch s 5 def public place sub 2013 No. 4 s 12\npublic risk means—\na safety risk; or\na risk of damage to road infrastructure.\nsch s 5 def public risk ins 2016 No. 65 s 7 (2)\npublic safety means the safety of persons or property, including the safety of—\nthe drivers of, and passengers and other persons in, vehicles and combinations; and\npersons or property in or in the vicinity of, or likely to be in or in the vicinity of, road infrastructure and public places; and\nvehicles and combinations and any loads in them.\nsch s 5 def public safety sub 2013 No. 4 s 12\npublic safety ground , for a reviewable decision, has the meaning given by section 640 .\nsch s 5 def public safety ground sub 2013 No. 4 s 12\nquad-axle group means a group of 4 axles, in which the horizontal distance between the centre-lines of the outermost axles is more than 3.2m but not more than 4.9m.\nsch s 5 def quad-axle group sub 2013 No. 4 s 12\nqualified , to drive a heavy vehicle, or to start or stop its engine, for a person, means the person—\nholds a driver licence of the appropriate class to drive the vehicle that is not suspended; and\nis not prevented under a law, including, for example, by the conditions of the driver licence, from driving the vehicle at the relevant time.\nsch s 5 def qualified sub 2013 No. 4 s 12\nQueensland Minister means the responsible Minister for Queensland.\nsch s 5 def Queensland Minister sub 2013 No. 4 s 12\nreasonable steps defence ...\nsch s 5 def reasonable steps defence sub 2013 No. 4 s 12\nom 2016 No. 65 s 7 (1)\nreasonably believes means believes on grounds that are reasonable in the circumstances.\nsch s 5 def reasonably believes sub 2013 No. 4 s 12\nreasonably practicable , in relation to a duty, means that which is, or was at a particular time, reasonably able to be done in relation to the duty, weighing up all relevant matters, including—\nthe likelihood of a safety risk, or damage to road infrastructure, happening; and\nthe harm that could result from the risk or damage; and\nwhat the person knows, or ought reasonably to know, about the risk or damage; and\nwhat the person knows, or ought reasonably to know, about the ways of—\nremoving or minimising the risk; or\npreventing or minimising the damage; and\nthe availability and suitability of those ways; and\nthe cost associated with the available ways, including whether the cost is grossly disproportionate to the likelihood of the risk or damage.\nsch s 5 def reasonably practicable ins 2016 No. 65 s 7 (2)\nreasonably satisfied means satisfied on grounds that are reasonable in the circumstances.\nsch s 5 def reasonably satisfied sub 2013 No. 4 s 12\nreasonably suspects means suspects on grounds that are reasonable in the circumstances.\nsch s 5 def reasonably suspects sub 2013 No. 4 s 12\nrecord keeper has the meaning given by section 317 .\nsch s 5 def record keeper sub 2013 No. 4 s 12\namd 2016 No. 65 s 7 (5)\nrecord location , of the driver of a fatigue-regulated heavy vehicle, for the purposes of Chapter 6 , has the meaning given by section 290 .\nsch s 5 def record location sub 2013 No. 4 s 12\nregistered industry code of practice means an industry code of practice registered under section 706 .\nsch s 5 def registered industry code of practice sub 2013 No. 4 s 12\nom 2025 No. 26 s 11 (1) (uncommenced amendment)\nregistered interest means an interest registered under the Personal Property Securities Act 2009 of the Commonwealth by a secured party for which the thing or sample is collateral.\nsch s 5 def registered interest ins 2013 No. 4 s 12\nregistered operator , of a heavy vehicle, means the person recorded on a vehicle register as the person responsible for the vehicle, however named, kept under another Australian road law.\nsch s 5 def registered operator sub 2013 No. 4 s 12 ; 2018 No. 10 s 14 (1) – (2)\nregistration , of a heavy vehicle, means registration of the vehicle under an Australian road law.\nsch s 5 def registration sub 2013 No. 4 s 12 ; 2018 No. 10 s 14 (1) – (2)\nregistration authority , for a heavy vehicle, means the authority responsible for the registration of the vehicle under an Australian road law.\nsch s 5 def registration authority ins 2015 No. 12 s 4 (11)\nsub 2018 No. 10 s 14 (1) – (2)\nregistration certificate ...\nsch s 5 def registration certificate om 2013 No. 4 s 12\nregistration exemption ...\nsch s 5 def registration exemption sub 2013 No. 4 s 12\nom 2018 No. 10 s 14 (1)\nregistration item means a document, number plate, label or other thing relating to the registration or purported registration of a heavy vehicle.\nSee the definition document in section 12 of Schedule 1 .\nsch s 5 def registration item sub 2013 No. 4 s 12 ; 2018 No. 10 s 14 (1) – (2)\namd 2018 No. 18 s 6 (3)\nregistration number , for a heavy vehicle, means the identifying registration number, however described, given to the vehicle under an Australian road law.\nsch s 5 def registration number sub 2013 No. 4 s 12 ; 2018 No. 10 s 14 (1) – (2)\nregular loading or unloading premises —\nRegular loading or unloading premises , for heavy vehicles, means premises at or from which an average of at least 5 heavy vehicles are loaded or unloaded on each day the premises are operated for loading or unloading heavy vehicles.\nFor the purposes of paragraph 1, an average of at least 5 heavy vehicles are loaded or unloaded at or from premises on each day the premises are operated for loading or unloading heavy vehicles if—\nfor premises operated for loading or unloading heavy vehicles for 12 months or more—during the previous 12 months, an average of at least 5 heavy vehicles were loaded or unloaded at or from the premises on each day the premises were operated for loading or unloading heavy vehicles; or\nfor premises operated for loading or unloading heavy vehicles for less than 12 months—during the period the premises have been in operation for loading or unloading heavy vehicles, an average of at least 5 heavy vehicles were loaded or unloaded at or from the premises on each day the premises were operated for loading or unloading heavy vehicles.\nIn the application of this definition to the definition loading manager where used in Chapter 6 , references in paragraphs 1 and 2 to ‘an average of at least 5 heavy vehicles’ are to be read as references to an average of at least 5 fatigue-regulated heavy vehicles.\nConsequently, Chapter 6 applies to a person as a loading manager only if the premises concerned are premises at or from which an average of at least 5 fatigue-regulated heavy vehicles are loaded or unloaded on each day the premises are operated for loading or unloading heavy vehicles.\nsch s 5 def regular loading or unloading premises sub 2013 No. 4 s 12\namd 2016 No. 65 s 7 (6)\nRegulator means the National Heavy Vehicle Regulator established under section 656 .\nsch s 5 def Regulator sub 2013 No. 4 s 12\nRegulator’s website means the website of the Regulator on the internet.\nsch s 5 def Regulator’s website sub 2013 No. 4 s 12\nrelevant appeal body , for the purposes of Chapter 11 , has the meaning given by section 640 .\nsch s 5 def relevant appeal body sub 2013 No. 4 s 12\nrelevant contravention , for the purposes of Chapter 7 , has the meaning given by section 403 .\nsch s 5 def relevant contravention sub 2013 No. 4 s 12\nrelevant emission , for a heavy vehicle, means noise emission, gaseous emission or particle emission emanating from the vehicle.\nsch s 5 def relevant emission ins 2013 No. 4 s 12\nrelevant garage address , of a heavy vehicle, means—\nthe heavy vehicle’s garage address; or\nif the heavy vehicle is a combination—the garage address of the towing vehicle in the combination.\nsch s 5 def relevant garage address sub 2013 No. 4 s 12\nrelevant jurisdiction , for the purposes of Chapter 11 , has the meaning given by section 640 .\nsch s 5 def relevant jurisdiction sub 2013 No. 4 s 12\nrelevant management system , for the purposes of Chapter 8 , has the meaning given by section 457 .\nsch s 5 def relevant management system sub 2013 No. 4 s 12\nom 2025 No. 26 s 11 (1) (uncommenced amendment)\nrelevant monitoring matters , for the purposes of Chapter 7 , has the meaning given by section 403 .\nsch s 5 def relevant monitoring matters sub 2013 No. 4 s 12\nrelevant place , for the purposes of Part 9.2 , has the meaning given by section 494 .\nsch s 5 def relevant place sub 2013 No. 4 s 12\nrelevant police commissioner , in relation to a police officer, means the police commissioner for the police force or police service (however called) of which the police officer is a member.\nsch s 5 def relevant police commissioner sub 2013 No. 4 s 12\nrelevant road manager , for a mass or dimension authority, means a road manager for a road in the area, or on the route, to which the authority applies.\nsch s 5 def relevant road manager sub 2013 No. 4 s 12\nrelevant standards and business rules , for the purposes of Chapter 8 , has the meaning given by section 457 .\nsch s 5 def relevant standards and business rules sub 2013 No. 4 s 12\nom 2025 No. 26 s 11 (1) (uncommenced amendment)\nrelevant tribunal or court , for a participating jurisdiction, means a tribunal or court that is declared by a law of that jurisdiction to be the relevant tribunal or court for that jurisdiction for the purposes of this Law.\nsch s 5 def relevant tribunal or court sub 2013 No. 4 s 12\nresidence , for the purposes of Part 9.2 , has the meaning given by section 494 (1) .\nsch s 5 def residence ins 2015 No. 12 s 4 (12)\nresponsible entity , for a freight container, means—\nthe person who, in Australia, consigned the container for road transport using a heavy vehicle; or\nif there is no person as described in paragraph (a) —the person who, in Australia, for a consignor, arranged for the container’s road transport using a heavy vehicle; or\nif there is no person as described in paragraph (a) or (b) —the person who, in Australia, physically offered the container for road transport using a heavy vehicle.\nsch s 5 def responsible entity sub 2013 No. 4 s 12\nresponsible Minister , for a participating jurisdiction, means the Minister of that jurisdiction nominated by it as its responsible Minister for the purposes of this Law.\nsch s 5 def responsible Minister sub 2013 No. 4 s 12\nresponsible Ministers means a group of Ministers consisting of—\nthe responsible Minister for each participating jurisdiction; and\nthe Commonwealth responsible Minister.\nSee also section 655 (3) .\nsch s 5 def responsible Ministers sub 2013 No. 4 s 12\nresponsible person , for a heavy vehicle, means a person having, at a relevant time, a role or responsibility associated with road transport using the vehicle, and includes any of the following—\nan owner of the vehicle or, if it is a combination, an owner of a heavy vehicle forming part of the combination;\nthe vehicle’s driver;\nan operator or registered operator of the vehicle or, if it is a combination, an operator or registered operator of a heavy vehicle forming part of the combination;\na person in charge or apparently in charge of—\nthe vehicle; or\nthe vehicle’s garage address or, if it is a combination, the garage address of a heavy vehicle forming part of the combination; or\na base of the vehicle’s driver;\na person appointed under a heavy vehicle accreditation to have monitoring or other responsibilities under the accreditation, including, for example, responsibilities for certifying, monitoring or approving the use of heavy vehicles under the accreditation;\na person who provides to an owner or registered operator of the vehicle or, if it is a combination, an owner or registered operator of a heavy vehicle forming part of the combination, an intelligent transport system for the vehicle;\na person in charge of a place entered by an authorised officer under this Law for the purpose of exercising a power under this Law;\na consignor of goods for road transport;\na packer of goods in a freight container or other container or in a package or on a pallet for road transport;\na person who loads goods or a container for road transport;\na person who unloads goods or a container containing goods consigned for road transport;\na person to whom goods are consigned for road transport;\na person who receives goods packed outside Australia in a freight container or other container or on a pallet for road transport in Australia;\nan owner or operator of a weighbridge or weighing facility used to weigh the vehicle, or an occupier of the place where the weighbridge or weighing facility is located;\na responsible entity for a freight container on the vehicle;\na loading manager for goods in heavy vehicles for road transport or another person who controls or directly influences the loading of goods for road transport;\na scheduler for the vehicle;\nan employer, employee, agent or subcontractor of a person mentioned in any of paragraphs (a) to (q).\nsch s 5 def responsible person sub 2013 No. 4 s 12\nrest , in relation to a fatigue-regulated heavy vehicle, has the meaning given by section 221 .\nsch s 5 def rest sub 2013 No. 4 s 12\nrest time , for the purposes of Chapter 6 , has the meaning given by section 221 .\nsch s 5 def rest time sub 2013 No. 4 s 12\nreview and appeal information —\nfor a decision made by the Regulator or an authorised officer who is not a police officer, means the following information—\nthat, under section 641 , a dissatisfied person for the decision may ask for the decision to be reviewed by the Regulator;\nthat, under section 642 , the person may apply for the decision to be stayed by a relevant tribunal or court unless the decision was made by the Regulator on the basis of a public safety ground;\nthat, in relation to the Regulator’s decision on the review, the person may—\nunder section 647 , appeal against the decision to a relevant tribunal or court; and\nunder section 648 , apply for the decision to be stayed by a relevant tribunal or court unless the reviewable decision to which the review decision relates was made by the Regulator on the basis of a public safety ground; and\nfor a decision made by a road manager (for a road) that is a public authority, means the following information—\nthat, under section 641 , a dissatisfied person for the decision may apply to the Regulator to have the decision reviewed;\nthat, under section 643 , the Regulator must refer the application to the road manager for review;\nthat the decision of the road manager on the review is not subject to further review or appeal under this Law; and\nfor a decision made by an authorised officer who is a police officer, or a road manager (for a road) that is not a public authority, means that the decision is not subject to review or appeal under this Law.\nsch s 5 def review and appeal information sub 2013 No. 4 s 12\nreview application , for the purposes of Chapter 11 , has the meaning given by section 640 .\nsch s 5 def review application sub 2013 No. 4 s 12\nreview decision , for the purposes of Chapter 11 , has the meaning given by section 640 .\nsch s 5 def review decision sub 2013 No. 4 s 12\nreviewable decision has the meaning given by section 640 .\nsch s 5 def reviewable decision sub 2013 No. 4 s 12\nreviewer , for the purposes of Chapter 11 , has the meaning given by section 640 .\nsch s 5 def reviewer sub 2013 No. 4 s 12\nrigid , other than in the definition articulated bus , means not articulated.\nsch s 5 def rigid sub 2013 No. 4 s 12\nrisk category —\nfor a contravention of a mass, dimension or loading requirement, means 1 of the following categories—\nminor risk breach;\nsubstantial risk breach;\nsevere risk breach; or\nfor a contravention of a maximum work requirement or minimum rest requirement, means 1 of the following categories—\nminor risk breach;\nsubstantial risk breach;\nsevere risk breach;\ncritical risk breach.\nsch s 5 def risk category sub 2013 No. 4 s 12\nroad has the meaning given by section 8 .\nSee also section 13 .\nsch s 5 def road sub 2013 No. 4 s 12\nroad authority , for a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be the road authority for that jurisdiction for the purposes of this Law.\nsch s 5 def road authority sub 2013 No. 4 s 12\nroad condition has the meaning given by section 154 .\nsch s 5 def road condition sub 2013 No. 4 s 12\nroad infrastructure includes—\na road, including its surface or pavement; and\nanything under or supporting a road or its surface or pavement; and\nany bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of a road system or supporting a road; and\nany bridge or other work or structure located above, in or on a road; and\nany traffic control devices, railway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything mentioned in paragraphs (a) to (d).\nsch s 5 def road infrastructure sub 2013 No. 4 s 12\nroad manager , for a road in a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be the road manager for the road for the purposes of this Law.\nsch s 5 def road manager sub 2013 No. 4 s 12\nroad-related area has the meaning given by section 8 .\nsch s 5 def road-related area sub 2013 No. 4 s 12\nRoad Rules , for a participating jurisdiction, means the law that is declared by a law of that jurisdiction to be the Road Rules for the purposes of this Law.\nsch s 5 def Road Rules sub 2013 No. 4 s 12\nroad train means—\na B-triple; or\na combination, other than a B-double, consisting of a motor vehicle towing at least 2 trailers, excluding any converter dolly supporting a semitrailer.\nsch s 5 def road train sub 2013 No. 4 s 12\namd 2015 No. 12 s 4 (13)\nroad transport means transport by road.\nsch s 5 def road transport sub 2013 No. 4 s 12\nRoad Vehicle Standards Act 2018 means the Road Vehicle Standards Act 2018 of the Commonwealth.\nsch s 5 def Road Vehicle Standards Act 2018 ins 2019 No. 29 s 4 (2)\nroute assessment , for the purposes of Part 4.7 , has the meaning given by section 154 .\nsch s 5 def route assessment sub 2013 No. 4 s 12\nsafer freight vehicle has the meaning given by section 153A (2) .\nsch s 5 def safer freight vehicle ins 2024 No. 2 s 8B\nsafety duty means a duty imposed under any of the following provisions—\nsection 26C ;\nsection 26E (1) or (2) ;\nsection 89 (1) ;\nsection 93 (1) , (2) or (3) ;\nsection 129 (1) , (2) or (3) ;\nsection 137 ;\nsection 150 (1) ;\nsection 153A (1) ;\nsection 186 (2) , (3) , (4) or (5) ;\nsection 187 (2) or (3) ;\nsection 335 (1) ;\nsection 336 (1) ;\nsection 337 (2) ;\nsection 454 (1) or (2) ;\nsection 467 ;\nsection 470 (2) , (3) or (4) ;\nsection 604 ;\nsection 610 .\nsch s 5 def safety duty reloc 2018 No. 18 s 9\n_____\nsch s 5 def safety management system ins 2025 No. 26 s 11 (2) (uncommenced amendment)\nsch s 5 def safety management system standard ins 2025 No. 26 s 11 (2) (uncommenced amendment)\nsafety risk means a risk—\nto public safety; or\nof harm to the environment.\nsch s 5 def safety risk sub 2013 No. 4 s 12\nschedule , for the driver of a heavy vehicle, means—\nthe schedule for the transport of any goods or passengers by the vehicle; or\nthe schedule of the driver’s work times and rest times.\nsch s 5 def schedule sub 2013 No. 4 s 12\nscheduler , for a heavy vehicle, means a person who—\nschedules the transport of any goods or passengers by the vehicle; or\nschedules the work times and rest times of the vehicle’s driver.\nsch s 5 def scheduler sub 2013 No. 4 s 12\nsecond edition ADR means an ADR incorporated in the document described as the ‘Australian Design Rules for Motor Vehicle Safety, Second Edition’ originally published by the former Commonwealth Department of Transport.\nsch s 5 def second edition ADR ins 2019 No. 29 s 4 (2)\nself-clearing defect notice means a notice complying with the requirements for a self-clearing defect notice under section 527 .\nsch s 5 def self-clearing defect notice ins 2019 No. 29 s 7 (2)\nself-employed driver , of a heavy vehicle, means a driver of the vehicle who is not an employed driver of the vehicle.\nsch s 5 def self-employed driver sub 2013 No. 4 s 12\nsemitrailer means a trailer that has—\n1 axle group or a single axle towards the rear; and\na means of attachment to a prime mover that results in some of the mass of the trailer’s load being imposed on the prime mover.\nsch s 5 def semitrailer sub 2013 No. 4 s 12\nsevere risk breach —\nfor a mass requirement—has the meaning given by section 100 ; or\nfor a dimension requirement—has the meaning given by section 107 ; or\nfor a loading requirement—has the meaning given by section 114 ; or\nfor a maximum work requirement or minimum rest requirement—has the meaning given by section 222 (3) .\nsch s 5 def severe risk breach sub 2013 No. 4 s 12\nsevere risk breach lower limit —\nfor the purposes of Division 2 of Part 4.2 , has the meaning given by section 97 ; or\nfor the purposes of Division 2 of Part 4.3 , has the meaning given by section 104 .\nsch s 5 def severe risk breach lower limit sub 2013 No. 4 s 12\nsign of fatigue , for the purposes of Chapter 6 , has the meaning given by section 221 .\nsch s 5 def sign of fatigue sub 2013 No. 4 s 12\nom 2025 No. 26 s 11 (1) (uncommenced amendment)\n_____\nsch s 5 def sign of fatigue or being unfit to drive ins 2025 No. 26 s 11 (2) (uncommenced amendment)\nsingle axle means—\n1 axle; or\n2 axles with centres between transverse, parallel, vertical planes spaced less than 1.0m apart.\nsch s 5 def single axle sub 2013 No. 4 s 12\nsingle axle group ...\nsch s 5 def single axle group om 2013 No. 4 s 12\nsolo driver , for the purposes of Chapter 6 , has the meaning given by section 221 .\nsch s 5 def solo driver sub 2013 No. 4 s 12\nspeed limit means—\na speed limit applying under this Law, the Road Rules or another law; and\nwhen used in the context of a speed limit applying to the driver of a heavy vehicle—a speed limit applying to the driver or the vehicle (or both) under this Law, the Road Rules or another law (whether it applies specifically to the particular driver or the particular vehicle or it applies to all drivers or vehicles or to a class of drivers or vehicles to which the driver or vehicle belongs).\nA reference to a speed limit applying under this Law, the Road Rules or another law covers both—\na speed limit specified in this Law, the Road Rules or other law\na speed limit specified in an instrument, or in some other manner, under this Law, the Road Rules or other law (for example, a speed limit specified in a permit or a Commonwealth Gazette notice)\nsch s 5 def speed limit sub 2013 No. 4 s 12\n_____\nsch s 5 def standard for alternative compliance hours ins 2025 No. 26 s 11 (2) (uncommenced amendment)\nstandard hours , for the purposes of Chapter 6 , has the meaning given by section 249 .\nsch s 5 def standard hours sub 2013 No. 4 s 12\nStandards Australia means Standards Australia Limited CAN 087 326 690, and includes a reference to the Standards Association of Australia as constituted before 1 July 1999.\nsch s 5 def Standards Australia sub 2013 No. 4 s 12\nstationary rest time has the meaning given by section 221 .\nsch s 5 def stationary rest time sub 2013 No. 4 s 12\nsubstantial risk breach —\nfor a mass requirement—has the meaning given by section 99 ; or\nfor a dimension requirement—has the meaning given by section 106 ; or\nfor a loading requirement—has the meaning given by section 113 ; or\nfor a maximum work requirement or minimum rest requirement—has the meaning given by section 222 (2) .\nsch s 5 def substantial risk breach sub 2013 No. 4 s 12\nsubstantial risk breach lower limit —\nfor the purposes of Division 2 of Part 4.2 , has the meaning given by section 97 ; or\nfor the purposes of Division 2 of Part 4.3 , has the meaning given by section 104 .\nsch s 5 def substantial risk breach lower limit sub 2013 No. 4 s 12\nsuitable rest place , for fatigue-regulated heavy vehicles, means—\na rest area designated for use, and able to be used, by fatigue-regulated heavy vehicles; or\na place at which a fatigue-regulated heavy vehicle may be safely and lawfully parked.\nsch s 5 def suitable rest place sub 2013 No. 4 s 12\nsupervisory intervention order has the meaning given by section 600 (1) .\nsch s 5 def supervisory intervention order sub 2013 No. 4 s 12\nsupplementary record , for the purposes of Chapter 6 , has the meaning given by section 221 .\nsch s 5 def supplementary record sub 2013 No. 4 s 12\ntamper —\nwith an emission control system, for the purposes of section 91 , has the meaning given by that section; or\nwith a plate or label, for the purposes of section 87A , has the meaning given by that section; or\nwith a speed limiter, for the purposes of section 93 , has the meaning given by that section; or\nwith an approved electronic recording system, for the purposes of Chapter 6 , has the meaning given by section 334 ; or\nwith an approved intelligent transport system, for the purposes of Chapter 7 , has the meaning given by section 403 .\nsch s 5 def tamper sub 2013 No. 4 s 12\namd 2015 No. 12 s 4 (14–15)\namd 2025 No. 26 s 11 (8) (uncommenced amendment)\ntandem axle group means a group of at least 2 axles, in which the horizontal distance between the centre-lines of the outermost axles is at least 1m but not more than 2m.\nsch s 5 def tandem axle group sub 2013 No. 4 s 12\nTCA means Transport Certification Australia Limited ACN 113 379 936.\nsch s 5 def TCA sub 2013 No. 4 s 12\nTerritory means the Australian Capital Territory or the Northern Territory.\nsch s 5 def Territory sub 2013 No. 4 s 12\nthe State means the Crown in right of this jurisdiction, and includes—\nthe Government of this jurisdiction; and\na Minister of the Crown in right of this jurisdiction; and\na statutory corporation, or other entity, representing the Crown in right of this jurisdiction.\nsch s 5 def the State sub 2013 No. 4 s 12\nthird edition ADR means—\na national standard under section 7 of the Motor Vehicle Standards Act 1989 ; or\na national road vehicle standard under section 12 of the Road Vehicle Standards Act 2018 .\nsch s 5 def third edition ADR ins 2019 No. 29 s 4 (2)\nthird party insurance legislation means—\nlegislation about compensation for third parties who are injured or killed by the use of motor vehicles or trailers; or\nlegislation about payment of contributions towards compensation of that kind; or\nlegislation requiring public liability insurance.\nsch s 5 def third party insurance legislation sub 2013 No. 4 s 12\nthis jurisdiction see the law of each participating jurisdiction for the meaning of this term.\nsch s 5 def this jurisdiction ins 2013 No. 4 s 12\nthis Law means—\nthis Law as it applies as a law of a participating jurisdiction; or\na law of a participating jurisdiction that—\nsubstantially corresponds to the provisions of this Law; or\nis prescribed by the national regulations for the purposes of paragraph (a) (iii) of the definition participating jurisdiction .\nSee also section 11 .\nsch s 5 def this Law sub 2013 No. 4 s 12\ntow truck means—\na heavy motor vehicle that is—\nequipped with a crane, winch, ramp or other lifting device; and\nused or intended to be used for the towing of motor vehicles; or\na heavy motor vehicle to which is attached, temporarily or otherwise, a trailer or device that is—\nequipped with a crane, winch, ramp or other lifting device; and\nused or intended to be used for the towing of motor vehicles.\nsch s 5 def tow truck sub 2013 No. 4 s 12\ntractor means a motor vehicle used for towing purposes, other than—\na motor vehicle designed to carry goods or passengers; or\na tow truck.\nsch s 5 def tractor sub 2013 No. 4 s 12\ntraffic includes vehicular traffic, pedestrian traffic and all other forms of road traffic.\nsch s 5 def traffic sub 2013 No. 4 s 12\ntrailer means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle being towed.\nsch s 5 def trailer sub 2013 No. 4 s 12\ntransport activities means activities, including business practices and making decisions, associated with the use of a heavy vehicle on a road, including, for example—\ncontracting, directing or employing a person—\nto drive the vehicle; or\nto carry out another activity associated with the use of the vehicle (such as maintaining or repairing the vehicle); or\nconsigning goods for transport using the vehicle; or\nscheduling the transport of goods or passengers using the vehicle; or\npacking goods for transport using the vehicle; or\nmanaging the loading of goods onto or unloading of goods from the vehicle; or\nloading goods onto or unloading goods from the vehicle; or\nreceiving goods unloaded from the vehicle.\nsch s 5 def transport activities ins 2016 No. 65 s 7 (2)\ntransport documentation means each of the following—\neach contractual document directly or indirectly associated with—\na transaction for the actual or proposed road transport of goods or passengers or any previous transport of the goods or passengers by any transport method; or\ngoods or passengers, to the extent the document is relevant to the transaction for their actual or proposed road transport;\neach document—\ncontemplated in a contractual document mentioned in paragraph (a) ; or\nrequired by law, or customarily given, in connection with a contractual document or transaction mentioned in paragraph (a) .\nbill of lading\nconsignment note\ncontainer weight declaration\ncontract of carriage\ndelivery order\nexport receival advice\ninvoice\nload manifest\nsea carriage document\nvendor declaration\nSee the definition document in section 12 of Schedule 1 .\nsch s 5 def transport documentation sub 2013 No. 4 s 12\namd 2018 No. 18 s 6 (3)\ntravel condition has the meaning given by section 154 .\nsch s 5 def travel condition ins 2013 No. 4 s 12\ntri-axle group means a group of at least 3 axles, in which the horizontal distance between the centre-lines of the outermost axles is more than 2m but not more than 3.2m.\nsch s 5 def tri-axle group sub 2013 No. 4 s 12\ntruck means a rigid motor vehicle built mainly as a load carrying vehicle.\nsch s 5 def truck sub 2013 No. 4 s 12\ntwinsteer axle group means a group of 2 axles—\nwith single tyres; and\nfitted to a motor vehicle; and\nconnected to the same steering mechanism; and\nthe horizontal distance between the centre-lines of which is at least 1m but not more than 2m.\nsch s 5 def twinsteer axle group sub 2013 No. 4 s 12\nsub 2025 No. 26 s 11 (1) – (2) (uncommenced amendment)\ntwo-up driving arrangement , for the purposes of Chapter 6 , has the meaning given by section 221 .\nsch s 5 def two-up driving arrangement sub 2013 No. 4 s 12\nunattended , for a heavy vehicle, for the purposes of Division 3 of Part 9.3 , has the meaning given by section 515 .\nsch s 5 def unattended sub 2013 No. 4 s 12\nunder , for a law or a provision of a law, includes—\nby; and\nfor the purposes of; and\nin accordance with; and\nwithin the meaning of.\nsch s 5 def under sub 2013 No. 4 s 12\n_____\nsch s 5 def unfit to drive ins 2025 No. 26 s 11 (2) (uncommenced amendment)\nunincorporated body includes an unincorporated local government authority, but does not include an unincorporated partnership.\nsch s 5 def unincorporated body ins 2016 No. 65 s 7 (2)\nunincorporated local government authority means a local government authority that is not a body corporate.\nsch s 5 def unincorporated local government authority sub 2013 No. 4 s 12\nunload ...\nsch s 5 def unload om 2013 No. 4 s 12\nunload and unloader —\nA person unloads goods in a heavy vehicle, and is an unloader of goods in a heavy vehicle, if the person is a person who—\nunloads from the vehicle, or any container that is in or part of the vehicle, goods that have been transported by road; or\nunloads from the vehicle a freight container, whether or not it contains goods, that has been transported by road.\nsch s 5 def unload and unloader ins 2013 No. 4 s 12\nunloader ...\nsch s 5 def unloader om 2013 No. 4 s 12\nunregistered heavy vehicle means a heavy vehicle that is not registered.\nsch s 5 def unregistered heavy vehicle sub 2013 No. 4 s 12\nunregistered heavy vehicle permit means a permit granted or issued under an Australian road law authorising the use of an unregistered heavy vehicle on a road.\nsch s 5 def unregistered heavy vehicle permit sub 2013 No. 4 s 12 ; 2018 No. 10 s 14 (1) – (2)\nuse , a heavy vehicle on a road, includes standing the vehicle on the road.\nsch s 5 def use sub 2013 No. 4 s 12\nvehicle condition has the meaning given by section 154 .\nsch s 5 def vehicle condition sub 2013 No. 4 s 12\nvehicle defect notice means a major defect notice, minor defect notice or self-clearing defect notice.\nsch s 5 def vehicle defect notice sub 2013 No. 4 s 12 ; 2019 No. 29 s 7\nvehicle identifier , for the purposes of Division 6 of Part 9.3 , has the meaning given by section 525 .\nsch s 5 def vehicle identifier ins 2015 No. 12 s 4 (16)\nvehicle register ...\nsch s 5 def vehicle register sub 2013 No. 4 s 12\nom 2018 No. 10 s 14 (1)\nvehicle registration duty ...\nsch s 5 def vehicle registration duty sub 2013 No. 4 s 12\nom 2018 No. 10 s 14 (1)\nvehicle registration duty legislation ...\nsch s 5 def vehicle registration duty legislation ins 2013 No. 4 s 12\nom 2018 No. 10 s 14 (1)\nvehicle standards exemption means—\nvehicle standards exemption (notice); or\nvehicle standards exemption (permit).\nsch s 5 def vehicle standards exemption sub 2013 No. 4 s 12\nvehicle standards exemption (notice) has the meaning given by section 61 (2) .\nsch s 5 def vehicle standards exemption (notice) sub 2013 No. 4 s 12\nvehicle standards exemption (permit) has the meaning given by section 68 (2) .\nsch s 5 def vehicle standards exemption (permit) sub 2013 No. 4 s 12\namd 2025 No. 26 s 11 (9) (uncommenced amendment)\nVIN (vehicle identification number), for a heavy vehicle, means—\nfor a heavy vehicle built before 1 January 1989 that has an identification plate, the number quoted on the vehicle’s identification plate that—\nuniquely identifies the vehicle and sets it apart from similar vehicles; and\ncorresponds to the identification number of the vehicle that is permanently recorded elsewhere on the vehicle; or\nfor a heavy vehicle built on or after 1 January 1989 that was given an approval under the Motor Vehicle Standards Act 1989 or is given an approval under the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 of the Commonwealth, the unique vehicle identification number assigned to the vehicle—\nat the time the vehicle was manufactured, in accordance with a third edition ADR; or\nby the department of government of the Commonwealth in which the Motor Vehicle Standards Act 1989 was previously administered; or\notherwise, the unique number assigned to the heavy vehicle—\nat the time the vehicle was manufactured, in accordance with an ADR that is a national road vehicle standard under section 12 of the Road Vehicle Standards Act 2018 ; or\nby the department of government of the Commonwealth in which the Road Vehicle Standards Act 2018 is administered.\nsch s 5 def VIN sub 2013 No. 4 s 12 ; 2019 No. 29 s 4\nwork , in relation to a fatigue-regulated heavy vehicle, has the meaning given by section 221 .\nsch s 5 def work sub 2013 No. 4 s 12\nwork and rest change , for the purposes of Chapter 6 , has the meaning given by section 221 .\nsch s 5 def work and rest change sub 2013 No. 4 s 12\nwork and rest hours exemption means—\na work and rest hours exemption (notice); or\na work and rest hours exemption (permit).\nsch s 5 def work and rest hours exemption sub 2013 No. 4 s 12\nwork and rest hours exemption (notice) has the meaning given by section 266 (2) .\nsch s 5 def work and rest hours exemption (notice) sub 2013 No. 4 s 12\nwork and rest hours exemption (permit) has the meaning given by section 273 (2) .\nsch s 5 def work and rest hours exemption (permit) sub 2013 No. 4 s 12\namd 2025 No. 26 s 11 (10) (uncommenced amendment)\nwork and rest hours option , for the purposes of Chapter 6 , has the meaning given by section 243 .\nsch s 5 def work and rest hours option sub 2013 No. 4 s 12\nwork diary , for the purposes of Chapter 6 , has the meaning given by section 221 .\nsch s 5 def work diary sub 2013 No. 4 s 12\nwork diary exemption means—\na work diary exemption (notice); or\na work diary exemption (permit).\nsch s 5 def work diary exemption sub 2013 No. 4 s 12\nwork diary exemption (notice) has the meaning given by section 357 (2) .\nsch s 5 def work diary exemption (notice) sub 2013 No. 4 s 12\nwork diary exemption (permit) has the meaning given by section 363 (2) .\nsch s 5 def work diary exemption (permit) sub 2013 No. 4 s 12\namd 2025 No. 26 11(11) (uncommenced amendment)\nwork record , for the purposes of Chapter 6 , has the meaning given by section 221 .\nsch s 5 def work record sub 2013 No. 4 s 12\nwork time , for the purposes of Chapter 6 , has the meaning given by section 221 .\nsch s 5 def work time sub 2013 No. 4 s 12\nwrecked ...\nsch s 5 def wrecked sub 2013 No. 4 s 12\nom 2018 No. 10 s 14 (1)\nwritten-off ...\nsch s 5 def written-off sub 2013 No. 4 s 12\nom 2018 No. 10 s 14 (1)\nwritten work diary , for the purposes of Chapter 6 , has the meaning given by section 221 .\nsch s 5 def written work diary sub 2013 No. 4 s 12\n- (a) for a heavy vehicle accreditation granted under this Law—the accreditation certificate given for the accreditation under section 464 ; or\n- (b) for a heavy vehicle accreditation granted under another law of a participating jurisdiction—the certificate of accreditation (however called) issued for the accreditation under that law.\n- (a) a third edition ADR; or\n- (b) a second edition ADR.\n- (a) AFM accreditation granted under section 458 ; or\n- (b) accreditation of a similar kind under another law of a participating jurisdiction.\n- • auger\n- • conveyor\n- • field bin\n- • harvester front\n- • irrigating equipment or machinery\n- • cultivating land\n- • growing and harvesting crops\n- • rearing livestock\n- (a) passenger access between the sections; and\n- (b) rotary movement between the sections.\n- (a) if the person is an individual— (i) the individual’s spouse or de facto partner; or (ii) a relative of the individual, whether by blood, spousal relationship or adoption; or (iii) an employee of the individual; or (iv) an employee of a corporation of which the individual is an executive officer; or (v) a partner of the individual; or (vi) a corporation of which the individual is an executive officer; or (vii) a corporation in which the individual holds a controlling interest; or (viii) a person who is a trustee of a trust of which the individual is a trustee or beneficiary; or (ix) a person who is a beneficiary of a trust of which the individual is a trustee or beneficiary; or (x) a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the individual; or (xi) a person who is an associate of someone who is an associate of the individual; or\n- (i) the individual’s spouse or de facto partner; or\n- (ii) a relative of the individual, whether by blood, spousal relationship or adoption; or\n- (iii) an employee of the individual; or\n- (iv) an employee of a corporation of which the individual is an executive officer; or\n- (v) a partner of the individual; or\n- (vi) a corporation of which the individual is an executive officer; or\n- (vii) a corporation in which the individual holds a controlling interest; or\n- (viii) a person who is a trustee of a trust of which the individual is a trustee or beneficiary; or\n- (ix) a person who is a beneficiary of a trust of which the individual is a trustee or beneficiary; or\n- (x) a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the individual; or\n- (xi) a person who is an associate of someone who is an associate of the individual; or\n- (b) if the person is a corporation— (i) an executive officer of the corporation; or (ii) an associate of an executive officer of the corporation; or (iii) an employee of the corporation; or (iv) a person who holds a controlling interest in the corporation; or (v) a related body corporate, within the meaning of the Corporations Act 2001 of the Commonwealth, of the corporation; or (vi) a person who is an associate of someone who is an associate of the 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- (iv) a person who holds a controlling interest in the corporation; or\n- (v) a related body corporate, within the meaning of the Corporations Act 2001 of the Commonwealth, of the corporation; or\n- (vi) a person who is an associate of someone who is an associate of the corporation.\n- (i) the individual’s spouse or de facto partner; or\n- (ii) a relative of the individual, whether by blood, spousal relationship or adoption; or\n- (iii) an employee of the individual; or\n- (iv) an employee of a corporation of which the individual is an executive officer; or\n- (v) a partner of the individual; or\n- (vi) a corporation of which the individual is an executive officer; or\n- (vii) a corporation in which the individual holds a controlling interest; or\n- (viii) a person who is a trustee of a trust of which the individual is a trustee or beneficiary; or\n- (ix) a person who is a beneficiary of a trust of which the individual is a trustee or beneficiary; or\n- (x) a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the individual; or\n- (xi) a person who is an associate of someone who is an associate of the individual; or\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- (iv) a person who holds a controlling interest in the corporation; or\n- (v) a related body corporate, within the meaning of the Corporations Act 2001 of the Commonwealth, of the corporation; or\n- (vi) a person who is an associate of someone who is an associate of the corporation.\n- (a) this Law; or\n- (b) another law of a State or Territory that regulates the use of vehicles on roads.\n- (a) a police officer declared by a law of a participating jurisdiction to be an authorised officer for the purposes of this Law; or\n- (b) a person who holds office under this Law as an authorised officer.\n- 1 The base of the driver of a heavy vehicle, in relation to particular work— (a) is the place from which the driver normally does the work; but (b) is, for the purposes of Chapter 6 , the garage address of the vehicle if— (i) the vehicle is a fatigue-regulated heavy vehicle; and (ii) the driver is required under Part 6.4 , in relation to that particular work, to keep a work diary and to record the location of the driver’s base in the work diary, and has not done so. Note— The driver of a fatigue-regulated heavy vehicle may not be required under Part 6.4 , in relation to particular work, to keep a work diary and to record the location of the driver’s base in the work diary, if, for example— • the driver is undertaking 100km work under standard hours • the driver is working under a work diary exemption\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 vehicle if— (i) the vehicle is a fatigue-regulated heavy vehicle; and (ii) the driver is required under Part 6.4 , in relation to that particular work, to keep a work diary and to record the location of the driver’s base in the work diary, and has not done so. Note— The driver of a fatigue-regulated heavy vehicle may not be required under Part 6.4 , in relation to particular work, to keep a work diary and to record the location of the driver’s base in the work diary, if, for example— • the driver is undertaking 100km work under standard hours • the driver is working under a work diary exemption\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 particular work, to keep a work diary and to record the location of the driver’s base in the work diary, and has not done so.\n- • the driver is undertaking 100km work under standard hours\n- • the driver is working under a work diary exemption\n- 2 For a driver who is a self-employed driver and an employed driver at different times, the driver may have one base as a self-employed driver under paragraph 1 and another base as an employed driver under that paragraph.\n- 3 For a driver who has 2 or more employers, the driver may have a different base in relation to each employer under paragraph 1.\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 vehicle if— (i) the vehicle is a fatigue-regulated heavy vehicle; and (ii) the driver is required under Part 6.4 , in relation to that particular work, to keep a work diary and to record the location of the driver’s base in the work diary, and has not done so. Note— The driver of a fatigue-regulated heavy vehicle may not be required under Part 6.4 , in relation to particular work, to keep a work diary and to record the location of the driver’s base in the work diary, if, for example— • the driver is undertaking 100km work under standard hours • the driver is working under a work diary exemption\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 particular work, to keep a work diary and to record the location of the driver’s base in the work diary, and has not done so.\n- • the driver is undertaking 100km work under standard hours\n- • the driver is working under a work diary exemption\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 particular work, to keep a work diary and to record the location of the driver’s base in the work diary, and has not done so.\n- • the driver is undertaking 100km work under standard hours\n- • the driver is working under a work diary exemption\n- (a) the first semitrailer being attached directly to the prime mover by a fifth wheel coupling; and\n- (b) the second semitrailer being mounted on the rear of the first semitrailer by a fifth wheel coupling on the first semitrailer; and\n- (c) the third semitrailer being mounted on the rear of the second semitrailer by a fifth wheel coupling on the second semitrailer.\n- (a) BFM accreditation granted under section 458 ; or\n- (b) accreditation of a similar kind under another law of a participating jurisdiction.\n- (a) the operating policies and procedures of the business; and\n- (b) the human resource and contract management arrangements of the business; and\n- (c) the arrangements for preventing or minimising public risks associated with the person’s practices.\n- (a) contribute to causing the thing; and\n- (b) encourage the thing.\n- (a) for an axle consisting of 1 shaft—a line parallel to the length of the axle and passing through its centre; and\n- (b) for an axle consisting of 2 shafts—a line in the vertical plane passing through— (i) the centre of both shafts; and (ii) the centres of the wheels on the shafts.\n- (i) the centre of both shafts; and\n- (ii) the centres of the wheels on the shafts.\n- (i) the centre of both shafts; and\n- (ii) the centres of the wheels on the shafts.\n- (a) a class 2 heavy vehicle authorisation (notice); or\n- (b) a class 2 heavy vehicle authorisation (permit).\n- (a) monitoring purposes; or\n- (b) investigation purposes.\n- (a) other than in Part 3.3 , a component vehicle of the combination; or\n- (b) a component of any component vehicle of the combination.\n- (a) the person has consented to being, and is, named or otherwise identified as a consignor of the goods in the transport documentation relating to the road transport of the goods; or\n- (b) the person engages an operator of the vehicle, either directly or indirectly or through an agent or other intermediary, to transport the goods by road; or\n- (c) if paragraphs (a) and (b) do not apply—the person has possession of, or control over, the goods immediately before the goods are transported by road.\n- (a) means a person who— (i) has consented to being, and is, named or otherwise identified as the intended consignee of the goods in the transport documentation relating to the road transport of the goods; or (ii) actually receives the goods after completion of their road transport; but\n- (i) has consented to being, and is, named or otherwise identified as the intended consignee of the goods in the transport documentation relating to the road transport of the goods; or\n- (ii) actually receives the goods after completion of their road transport; but\n- (b) does not include a person who merely unloads the goods.\n- (i) has consented to being, and is, named or otherwise identified as the intended consignee of the goods in the transport documentation relating to the road transport of the goods; or\n- (ii) actually receives the goods after completion of their road transport; but\n- (a) means a written declaration, whether contained in 1 or more documents, stating or purporting to state the weight of a freight container and its contents; and Examples— an email, a placard fixed to the container Note— See the definition document in section 12 of Schedule 1 .\n- (b) includes a copy of a declaration mentioned in paragraph (a) .\n- (a) for the purposes of Division 5 of Part 10.3 , has the meaning given by section 599 (a) ; or\n- (b) for the purposes of Division 6 of Part 10.3 , has the meaning given by section 606 (a) .\n- (a) a prescribed dimension requirement (under section 101 ); or\n- (b) a requirement as to a dimension limit relating to a heavy vehicle under a condition to which a mass or dimension authority is subject (where the dimension limit is more restrictive than the relevant prescribed dimension requirement); or\n- (c) a requirement as to a dimension limit under a PBS vehicle approval; or\n- (d) a requirement as to a dimension limit indicated by an official traffic sign; or Note— See the definitions indicated and official traffic sign .\n- (e) a requirement as to a dimension limit for a component vehicle as prescribed by a heavy vehicle standard.\n- (a) be in control of the steering, movement or propulsion of the vehicle or combination; and\n- (b) for a trailer—drive a vehicle towing the trailer.\n- (a) means the person driving the vehicle or combination; and\n- (b) includes— (i) a person accompanying the person driving the vehicle or combination on a journey or part of a journey, who has been, is or will be sharing the task of driving the vehicle or combination during the journey or part; and (ii) a person who is driving the vehicle or combination as a driver under instruction or under an appropriate learner licence or learner permit; and (iii) where the driver is a driver under instruction, the holder of a driver licence occupying the seat in the vehicle or combination next to the driver.\n- (i) a person accompanying the person driving the vehicle or combination on a journey or part of a journey, who has been, is or will be sharing the task of driving the vehicle or combination during the journey or part; and\n- (ii) a person who is driving the vehicle or combination as a driver under instruction or under an appropriate learner licence or learner permit; and\n- (iii) where the driver is a driver under instruction, the holder of a driver licence occupying the seat in the vehicle or combination next to the driver.\n- (i) a person accompanying the person driving the vehicle or combination on a journey or part of a journey, who has been, is or will be sharing the task of driving the vehicle or combination during the journey or part; and\n- (ii) a person who is driving the vehicle or combination as a driver under instruction or under an appropriate learner licence or learner permit; and\n- (iii) where the driver is a driver under instruction, the holder of a driver licence occupying the seat in the vehicle or combination next to the driver.\n- (a) a driver licence issued under a law of a State or Territory that regulates the use of vehicles on roads; or\n- (b) a licence, permit or other authorisation to drive a motor vehicle issued under a law of another country if a law mentioned in paragraph (a) exempts the holder of the licence, permit or other authorisation from the requirement to hold a driver licence under that law to drive a motor vehicle.\n- (a) a director of the corporation; or\n- (b) any person, by whatever name called and whether or not the person is a director of the corporation, who is concerned or takes part in the management of the corporation.\n- (a) a fatigue record keeping exemption (notice); or\n- (b) a fatigue record keeping exemption (permit).\n- (a) permit quick coupling and uncoupling; and\n- (b) provide for articulation.\n- (a) photograph or videotape the thing; and\n- (b) record an image of the thing in another way.\n- (a) is apparently physically and mentally fit to drive the vehicle, or start or stop its engine; and\n- (b) is not apparently affected by either or both of the following— (i) alcohol; (ii) a drug that affects a person’s ability to drive a vehicle; and\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 blood or breath exceeding the amount permitted, under an Australian road law of this jurisdiction, for the driver of a heavy vehicle; and\n- (d) is not found to be under the influence of a drug or to have present in the person’s blood or saliva a drug that the driver of a heavy vehicle is not permitted to have present in the driver’s blood or saliva under an Australian road law of this jurisdiction.\n- (i) alcohol;\n- (ii) a drug that affects a person’s ability to drive a vehicle; and\n- (a) a re-usable container of the kind mentioned in AS 3711.1 that is designed for repeated use for transporting goods; or Note— AS 3711.1 may be purchased from Standards Australia at www.standards.org.au.\n- (b) a re-usable container of the same or a similar design and construction to a container mentioned in paragraph (a) though of different dimensions.\n- (a) for a heavy vehicle normally kept at a depot when not in use—the principal depot of the vehicle; or\n- (b) for a heavy vehicle not normally kept at a depot when not in use—the address of the place of business or residence at which the vehicle is normally kept when not in use.\n- (a) if the registration authority has specified the total maximum loaded mass of the motor vehicle and any vehicles it may lawfully tow at any given time—specified by the registration authority; or\n- (b) otherwise—stated by the motor vehicle’s manufacturer.\n- (a) includes— (i) animals (whether alive or dead); and (ii) a container (whether empty or not); but\n- (i) animals (whether alive or dead); and\n- (ii) a container (whether empty or not); but\n- (b) does not include— (i) people; or (ii) fuel, water, lubricants and readily removable equipment required for the normal use of the vehicle or combination in which they are carried; or (iii) personal items used by the driver of the vehicle or combination, or someone else necessary for the normal use of the vehicle, in which they are carried.\n- (i) people; or\n- (ii) fuel, water, lubricants and readily removable equipment required for the normal use of the vehicle or combination in which they are carried; or\n- (iii) personal items used by the driver of the vehicle or combination, or someone else necessary for the normal use of the vehicle, in which they are carried.\n- (i) animals (whether alive or dead); and\n- (ii) a container (whether empty or not); but\n- (i) people; or\n- (ii) fuel, water, lubricants and readily removable equipment required for the normal use of the vehicle or combination in which they are carried; or\n- (iii) personal items used by the driver of the vehicle or combination, or someone else necessary for the normal use of the vehicle, in which they are carried.\n- (a) if the registration authority has specified the vehicle’s maximum loaded mass—specified by the registration authority; or\n- (b) otherwise—stated by the vehicle’s manufacturer.\n- (a) AFM accreditation; or\n- (b) BFM accreditation; or\n- (c) maintenance management accreditation; or\n- (d) mass management accreditation.\n- (a) for an individual—the individual’s residential address in Australia; or\n- (b) for a body corporate with a registered office in Australia—the address of the registered office; or\n- (c) for another person—the address of the person’s principal or only place of business in Australia.\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, under a law, is prescribed as being given or imposed, because of an official traffic sign.\n- (a) information in the form of a printed document; and Note— See the definitions printed and document in section 12 of Schedule 1 .\n- (b) information stored electronically.\n- (a) the decision;\n- (b) the reasons for the decision;\n- (c) the review and appeal information for the decision.\n- (a) an infringement notice issued under section 591 ; or\n- (b) an infringement notice, expiation notice, penalty notice or similar notice under the Infringement Notice Offences Law.\n- (a) open the thing and examine its contents; and\n- (b) test the thing or its contents or both.\n- (a) any or all of the following— (i) a heavy vehicle, its equipment or load; (ii) the driver of a heavy vehicle; (iii) an operator of a heavy vehicle; (iv) anyone else involved in road transport using a heavy vehicle; and\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 vehicle; and\n- (b) without limiting paragraph (a) , the compliance or noncompliance with this Law of the use of a heavy vehicle on a road.\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 vehicle; and\n- (a) means a document, other than transport documentation, in any form— (i) directly or indirectly associated with— (A) a transaction for the actual or proposed road transport of goods or passengers using a heavy vehicle, or for a previous transport of the goods or passengers by any transport method; or (B) goods or passengers, to the extent the document is relevant to a transaction for their actual or proposed road transport; and (ii) whether relating to a particular journey or to journeys generally; and\n- (i) directly or indirectly associated with— (A) a transaction for the actual or proposed road transport of goods or passengers using a heavy vehicle, or for a previous transport of the goods or passengers by any transport method; or (B) goods or passengers, to the extent the document is relevant to a transaction for their actual or proposed road transport; and\n- (A) a transaction for the actual or proposed road transport of goods or passengers using a heavy vehicle, or for a previous transport of the goods or passengers by any transport method; or\n- (B) goods or passengers, to the extent the document is relevant to a transaction for their actual or proposed road transport; and\n- (ii) whether relating to a particular journey or to journeys generally; and\n- (b) includes, for example, any or all of the following— (i) a document kept, used or obtained by a responsible person for a heavy vehicle in connection with the transport of goods or passengers; (ii) a workshop, maintenance or repair record relating to a heavy vehicle used, or claimed to be used, for transporting goods or passengers; (iii) a subcontractor’s payment advice relating to goods or passengers or their transport; (iv) records kept, used or obtained by the driver of a heavy vehicle used, or claimed to be used, for transporting goods or passengers; Examples— • driver’s run sheet • work diary entry • fuel docket or receipt • food receipt • tollway receipt • pay record • mobile or other telephone record (v) information reported through the use of an intelligent transport system; (vi) a driver manual or instruction sheet; (vii) an advice resulting from check weighing of a heavy vehicle’s mass or load performed before, during or after a journey.\n- (i) a document kept, used or obtained by a responsible person for a heavy vehicle in connection with the transport of goods or passengers;\n- (ii) a workshop, maintenance or repair record relating to a heavy vehicle used, or claimed to be used, for transporting goods or passengers;\n- (iii) a subcontractor’s payment advice relating to goods or passengers or their transport;\n- (iv) records kept, used or obtained by the driver of a heavy vehicle used, or claimed to be used, for transporting goods or passengers; Examples— • driver’s run sheet • work diary entry • fuel docket or receipt • food receipt • tollway receipt • pay record • mobile or other telephone record\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 system;\n- (vi) a driver manual or instruction sheet;\n- (vii) an advice resulting from check weighing of a heavy vehicle’s mass or load performed before, during or after a journey.\n- (i) directly or indirectly associated with— (A) a transaction for the actual or proposed road transport of goods or passengers using a heavy vehicle, or for a previous transport of the goods or passengers by any transport method; or (B) goods or passengers, to the extent the document is relevant to a transaction for their actual or proposed road transport; and\n- (A) a transaction for the actual or proposed road transport of goods or passengers using a heavy vehicle, or for a previous transport of the goods or passengers by any transport method; or\n- (B) goods or passengers, to the extent the document is relevant to a transaction for their actual or proposed road transport; and\n- (ii) whether relating to a particular journey or to journeys generally; and\n- (A) a transaction for the actual or proposed road transport of goods or passengers using a heavy vehicle, or for a previous transport of the goods or passengers by any transport method; or\n- (B) goods or passengers, to the extent the document is relevant to a transaction for their actual or proposed road transport; and\n- (i) a document kept, used or obtained by a responsible person for a heavy vehicle in connection with the transport of goods or passengers;\n- (ii) a workshop, maintenance or repair record relating to a heavy vehicle used, or claimed to be used, for transporting goods or passengers;\n- (iii) a subcontractor’s payment advice relating to goods or passengers or their transport;\n- (iv) records kept, used or obtained by the driver of a heavy vehicle used, or claimed to be used, for transporting goods or passengers; Examples— • driver’s run sheet • work diary entry • fuel docket or receipt • food receipt • tollway receipt • pay record • mobile or other telephone record\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 system;\n- (vi) a driver manual or instruction sheet;\n- (vii) an advice resulting from check weighing of a heavy vehicle’s mass or load performed before, during or after a journey.\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- (a) all the goods, passengers, drivers and other persons in the vehicle; and\n- (b) all fuel, water, lubricants and readily removable equipment carried in the vehicle and required for its normal use; and\n- (c) personal items used by the vehicle’s driver or someone else necessary for the normal use of the vehicle; and\n- (d) anything that is normally removed from the vehicle when not in use.\n- (a) loads the vehicle, or any container that is in or part of the vehicle, with the goods for road transport; or\n- (b) loads the vehicle with a freight container, whether or not it contains goods, for road transport.\n- (a) a person who manages, or is responsible for the operation of, regular loading or unloading premises for heavy vehicles where the goods are— (i) loaded onto the heavy vehicle; or (ii) unloaded from the heavy vehicle; or\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 paragraph (a) as responsible for supervising, managing or controlling, directly or indirectly, activities carried out by a loader or unloader of goods at regular loading or unloading premises for heavy vehicles.\n- (i) loaded onto the heavy vehicle; or\n- (ii) unloaded from the heavy vehicle; or\n- (a) maintenance management accreditation granted under section 458 ; or\n- (b) accreditation of a similar kind under another law of a participating jurisdiction.\n- (a) for the purposes of Chapter 6 , has the meaning given by section 221 ; and\n- (b) for the purposes of Chapter 7 , has the meaning given by section 403 .\n- (a) if the body has a management committee—each member of the management committee; or\n- (b) otherwise—each member who is concerned with, or takes part in, the body’s management, whatever name is given to the member’s position in the body.\n- (a) mass management accreditation granted under section 458 ; or\n- (b) accreditation of a similar kind under another law of a participating jurisdiction.\n- (a) a mass or dimension exemption; or\n- (b) a class 2 heavy vehicle authorisation.\n- (a) a mass or dimension exemption (notice); or\n- (b) a mass or dimension exemption (permit).\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 a condition to which a mass or dimension authority is subject (where the mass limit is lower than the relevant prescribed mass requirement); or\n- (c) a requirement as to a mass limit under a PBS vehicle approval; or\n- (d) a requirement as to a mass limit indicated by an official traffic sign; or Note— See the definitions indicated and official traffic sign .\n- (e) a requirement as to a mass limit under the GVM or GCM for a heavy vehicle; or\n- (f) a requirement as to a mass limit for a component vehicle as stated by the manufacturer or as prescribed by a heavy vehicle standard.\n- (a) for a mass requirement—has the meaning given by section 98 ; or\n- (b) for a dimension requirement—has the meaning given by section 105 ; or\n- (c) for a loading requirement—has the meaning given by section 112 ; or\n- (d) for a maximum work requirement or minimum rest requirement—has the meaning given by section 222 (1) .\n- (a) 7 continuous hours stationary rest time between 10p.m. on a day and 8a.m. on the next day; or Note— Under sections 248 and 303 , the time must be based on the time zone of the driver's base for drivers on a journey in a different time zone to the driver's base.\n- (b) 24 continuous hours stationary rest time.\n- (a) means written notice; and\n- (b) for the purposes of Division 5B of Part 9.4 , has the meaning given by section 576D .\n- (a) if there is more than 1 person who apparently occupies the place—any 1 of the persons;\n- (b) any person at the place who is apparently acting with the authority of a person who apparently occupies the place;\n- (c) if no-one apparently occupies the place—any person who is an owner of the place.\n- (a) the Regulator;\n- (b) a road authority;\n- (c) an authorised officer.\n- (a) for a vehicle (including a vehicle in a combination)—the vehicle; or\n- (b) for a combination—the towing vehicle in the combination.\n- (a) of a vehicle means— (i) each person who is an owner, joint owner or part owner of the vehicle; or (ii) a person who has the use or control of the vehicle under a credit agreement, hiring agreement, hire-purchase agreement or leasing arrangement; or\n- (i) each person who is an owner, joint owner or part owner of the vehicle; or\n- (ii) a person who has the use or control of the vehicle under a credit agreement, hiring agreement, hire-purchase agreement or leasing arrangement; or\n- (b) of a combination means— (i) each person who is an owner, joint owner or part owner of the towing vehicle in the combination; or (ii) a person who has the use or control of the towing vehicle in the combination under a credit agreement, hiring agreement, hire-purchase agreement or leasing arrangement; or\n- (i) each person who is an owner, joint owner or part owner of the towing vehicle in the combination; or\n- (ii) a person who has the use or control of the towing vehicle in the combination under a credit agreement, hiring agreement, hire-purchase agreement or leasing arrangement; or\n- (c) of a sample means an owner of the sample or the thing from which it was taken.\n- (i) each person who is an owner, joint owner or part owner of the vehicle; or\n- (ii) a person who has the use or control of the vehicle under a credit agreement, hiring agreement, hire-purchase agreement or leasing arrangement; or\n- (i) each person who is an owner, joint owner or part owner of the towing vehicle in the combination; or\n- (ii) a person who has the use or control of the towing vehicle in the combination under a credit agreement, hiring agreement, hire-purchase agreement or leasing arrangement; or\n- (a) puts the goods in packaging, even if that packaging is already on a vehicle; or Example for the purposes of paragraph (a) — A person who uses a hose to fill the tank of a tank vehicle with petrol packs the petrol for transport.\n- (b) assembles the goods as packaged goods in an outer packaging, even 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) or (c) .\n- (a) for the purposes of this Law other than Chapter 6 —means a State or Territory in which— (i) this Law applies as a law of the State or Territory; or (ii) a law that substantially corresponds to the provisions of this Law has been enacted; or (iii) a law prescribed by the national regulations for the purposes of this subparagraph has been enacted; or\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 this Law has been enacted; or\n- (iii) a law prescribed by the national regulations for the purposes of this subparagraph has been enacted; or\n- (b) for the purposes of Chapter 6 —has the meaning given by section 221 .\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 this Law has been enacted; or\n- (iii) a law prescribed by the national regulations for the purposes of this subparagraph has been enacted; or\n- (a) if the vehicle’s driver is an employed driver—an employer of the driver;\n- (b) if the vehicle’s driver is a self-employed driver—a prime contractor 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.\n- (a) generally, means information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be found out, from the information or opinion; and\n- (b) for the purposes of Chapter 7 , has the meaning given by section 403 .\n- (a) with 1 axle group or a single axle near the middle of its load carrying surface; and\n- (b) connected to the towing vehicle by a drawbar.\n- (a) is attached to a towing vehicle by a pole or an attachment fitted to a pole; and\n- (b) is ordinarily used for transporting loads, such as logs, pipes, structural members, or other long objects, that can generally support themselves like beams between supports. Pole-type trailer\n- (a) means a building or other structure, a vessel, or another place (whether built on or not)— (i) from which a business is carried out; or (ii) at or from which goods are loaded onto or unloaded from vehicles; and\n- (i) from which a business is carried out; or\n- (ii) at or from which goods are loaded onto or unloaded from vehicles; and\n- (b) includes a part of a building, structure, vessel or place mentioned in paragraph (a) .\n- (i) from which a business is carried out; or\n- (ii) at or from which goods are loaded onto or unloaded from vehicles; and\n- 1 A previous corresponding law is a law of a participating jurisdiction that, before the participation day for the jurisdiction, provided for the same, or substantially the same, matters as the provisions of this Law.\n- 2 A previous corresponding law for a provision of this Law is a provision of a previous corresponding law within the meaning of paragraph 1 that corresponds, or substantially corresponds, to the provision of this Law.\n- 3 For the purposes of paragraph 1, it is irrelevant whether the law of the participating jurisdiction— (a) is in 1 instrument or 2 or more instruments; or (b) is part of an instrument; or (c) is part of an instrument and the whole or part of 1 or more other instruments.\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 instruments.\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 instruments.\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 established under a law, for a public purpose, including a local government authority.\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, including, for example, in a national newspaper.\n- (a) that the public is entitled to use, is open to members of the public or 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, whether or not on payment of money.\n- (a) a safety risk; or\n- (b) a risk of damage to road infrastructure.\n- (a) the drivers of, and passengers and other persons in, vehicles and combinations; and\n- (b) persons or property in or in the vicinity of, or likely to be in or in the vicinity of, road infrastructure and public places; and\n- (c) vehicles and combinations and any loads in them.\n- (a) holds a driver licence of the appropriate class to drive the vehicle that is not suspended; and\n- (b) is not prevented under a law, including, for example, by the conditions of the driver licence, from driving the vehicle at the relevant time.\n- (a) the likelihood of a safety risk, or damage to road infrastructure, happening; 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 risk or damage; and\n- (d) what the person knows, or ought reasonably to know, about the ways of— (i) removing or minimising the risk; or (ii) preventing or minimising the damage; and\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 the cost is grossly disproportionate to the likelihood of the risk or damage.\n- (i) removing or minimising the risk; or\n- (ii) preventing or minimising the damage; and\n- 1 Regular loading or unloading premises , for heavy vehicles, means premises at or from which an average of at least 5 heavy vehicles are loaded or unloaded on each day the premises are operated for loading or unloading heavy vehicles.\n- 2 For the purposes of paragraph 1, an average of at least 5 heavy vehicles are loaded or unloaded at or from premises on each day the premises are operated for loading or unloading heavy vehicles if— (a) for premises operated for loading or unloading heavy vehicles for 12 months or more—during the previous 12 months, an average of at least 5 heavy vehicles were loaded or unloaded at or from the premises on each day the premises were operated for loading or unloading heavy vehicles; or (b) for premises operated for loading or unloading heavy vehicles for less than 12 months—during the period the premises have been in operation for loading or unloading heavy vehicles, an average of at least 5 heavy vehicles were loaded or unloaded at or from the premises on each day the premises were operated for loading or unloading heavy vehicles.\n- (a) for premises operated for loading or unloading heavy vehicles for 12 months or more—during the previous 12 months, an average of at least 5 heavy vehicles were loaded or unloaded at or from the premises on each day the premises were operated for loading or unloading heavy vehicles; or\n- (b) for premises operated for loading or unloading heavy vehicles for less than 12 months—during the period the premises have been in operation for loading or unloading heavy vehicles, an average of at least 5 heavy vehicles were loaded or unloaded at or from the premises on each day the premises were operated for loading or unloading heavy vehicles.\n- 3 In the application of this definition to the definition loading manager where used in Chapter 6 , references in paragraphs 1 and 2 to ‘an average of at least 5 heavy vehicles’ are to be read as references to an average of at least 5 fatigue-regulated heavy vehicles. Note— Consequently, Chapter 6 applies to a person as a loading manager only if the premises concerned are premises at or from which an average of at least 5 fatigue-regulated heavy vehicles are loaded or unloaded on each day the premises are operated for loading or unloading heavy vehicles.\n- (a) for premises operated for loading or unloading heavy vehicles for 12 months or more—during the previous 12 months, an average of at least 5 heavy vehicles were loaded or unloaded at or from the premises on each day the premises were operated for loading or unloading heavy vehicles; or\n- (b) for premises operated for loading or unloading heavy vehicles for less than 12 months—during the period the premises have been in operation for loading or unloading heavy vehicles, an average of at least 5 heavy vehicles were loaded or unloaded at or from the premises on each day the premises were operated for loading or unloading heavy vehicles.\n- (a) the heavy vehicle’s garage address; or\n- (b) if the heavy vehicle is a combination—the garage address of the towing vehicle in the combination.\n- (a) the person who, in Australia, consigned the container for road transport using a heavy vehicle; or\n- (b) if there is no person as described in paragraph (a) —the person who, in Australia, for a consignor, arranged for the container’s road transport using a heavy vehicle; or\n- (c) if there is no person as described in paragraph (a) or (b) —the person who, in Australia, physically offered the container for road transport using a heavy vehicle.\n- (a) the responsible Minister for each participating jurisdiction; and\n- (b) the Commonwealth responsible Minister.\n- (a) an owner of the vehicle or, if it is a combination, an owner of a heavy 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 combination, an operator or registered operator of a heavy vehicle forming part of the combination;\n- (d) a person in charge or apparently in charge of— (i) the vehicle; or (ii) the vehicle’s garage address or, if it is a combination, the garage address of a heavy vehicle forming part of the combination; or (iii) a base of the vehicle’s driver;\n- (i) the vehicle; or\n- (ii) the vehicle’s garage address or, if it is a combination, the garage address of a heavy vehicle forming part of the combination; or\n- (iii) a base of the vehicle’s driver;\n- (e) a person appointed under a heavy vehicle accreditation to have monitoring or other responsibilities under the accreditation, including, for example, responsibilities for certifying, monitoring or approving the use of heavy vehicles under the accreditation;\n- (f) a person who provides to an owner or registered operator of the vehicle or, if it is a combination, an owner or registered operator of a heavy vehicle forming part of the combination, an intelligent transport system for the vehicle;\n- (g) a person in charge of a place entered by an authorised officer under this Law for the purpose of exercising a power under this Law;\n- (h) a consignor of goods for road transport;\n- (i) a packer of goods in a freight container or other container or in a 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 consigned 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 freight container or other container or on a pallet for road transport in Australia;\n- (n) an owner or operator of a weighbridge or weighing facility used to weigh the vehicle, or an occupier of the place where the weighbridge 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 or another person who controls or directly influences the loading of goods for road transport;\n- (q) a scheduler for the vehicle;\n- (r) an employer, employee, agent or subcontractor of a person mentioned in any of paragraphs (a) to (q).\n- (i) the vehicle; or\n- (ii) the vehicle’s garage address or, if it is a combination, the garage address of a heavy vehicle forming part of the combination; or\n- (iii) a base of the vehicle’s driver;\n- (a) for a decision made by the Regulator or an authorised officer who is not a police officer, means the following information— (i) that, under section 641 , a dissatisfied person for the decision may ask for the decision to be reviewed by the Regulator; (ii) that, under section 642 , the person may apply for the decision to be stayed by a relevant tribunal or court unless the decision was made by the Regulator on the basis of a public safety ground; (iii) that, in relation to the Regulator’s decision on the review, the person may— (A) under section 647 , appeal against the decision to a relevant tribunal or court; and (B) under section 648 , apply for the decision to be stayed by a relevant tribunal or court unless the reviewable decision to which the review decision relates was made by the Regulator on the basis of a public safety ground; and\n- (i) that, under section 641 , a dissatisfied person for the decision may ask for the decision to be reviewed by the Regulator;\n- (ii) that, under section 642 , the person may apply for the decision to be stayed by a relevant tribunal or court unless the decision was made by the Regulator on the basis of a public safety ground;\n- (iii) that, in relation to the Regulator’s decision on the review, the person may— (A) under section 647 , appeal against the decision to a relevant tribunal or court; and (B) under section 648 , apply for the decision to be stayed by a relevant tribunal or court unless the reviewable decision to which the review decision relates was made by the Regulator on the basis of a public safety ground; and\n- (A) under section 647 , appeal against the decision to a relevant tribunal or court; and\n- (B) under section 648 , apply for the decision to be stayed by a relevant tribunal or court unless the reviewable decision to which the review decision relates was made by the Regulator on the basis of a public safety ground; and\n- (b) for a decision made by a road manager (for a road) that is a public authority, means the following information— (i) that, under section 641 , a dissatisfied person for the decision may apply to the Regulator to have the decision reviewed; (ii) that, under section 643 , the Regulator must refer the application to the road manager for review; (iii) that the decision of the road manager on the review is not subject to further review or appeal under this Law; and\n- (i) that, under section 641 , a dissatisfied person for the decision may apply to the Regulator to have the decision reviewed;\n- (ii) that, under section 643 , the Regulator must refer the application to the road manager for review;\n- (iii) that the decision of the road manager on the review is not subject to further review or appeal under this Law; and\n- (c) for a decision made by an authorised officer who is a police officer, or a road manager (for a road) that is not a public authority, means that the decision is not subject to review or appeal under this Law.\n- (i) that, under section 641 , a dissatisfied person for the decision may ask for the decision to be reviewed by the Regulator;\n- (ii) that, under section 642 , the person may apply for the decision to be stayed by a relevant tribunal or court unless the decision was made by the Regulator on the basis of a public safety ground;\n- (iii) that, in relation to the Regulator’s decision on the review, the person may— (A) under section 647 , appeal against the decision to a relevant tribunal or court; and (B) under section 648 , apply for the decision to be stayed by a relevant tribunal or court unless the reviewable decision to which the review decision relates was made by the Regulator on the basis of a public safety ground; and\n- (A) under section 647 , appeal against the decision to a relevant tribunal or court; and\n- (B) under section 648 , apply for the decision to be stayed by a relevant tribunal or court unless the reviewable decision to which the review decision relates was made by the Regulator on the basis of a public safety ground; and\n- (A) under section 647 , appeal against the decision to a relevant tribunal or court; and\n- (B) under section 648 , apply for the decision to be stayed by a relevant tribunal or court unless the reviewable decision to which the review decision relates was made by the Regulator on the basis of a public safety ground; and\n- (i) that, under section 641 , a dissatisfied person for the decision may apply to the Regulator to have the decision reviewed;\n- (ii) that, under section 643 , the Regulator must refer the application to the road manager for review;\n- (iii) that the decision of the road manager on the review is not subject to further review or appeal under this Law; and\n- (a) for a contravention of a mass, dimension or loading requirement, means 1 of the following categories— (i) minor risk breach; (ii) substantial risk breach; (iii) severe risk breach; or\n- (i) minor risk breach;\n- (ii) substantial risk breach;\n- (iii) severe risk breach; or\n- (b) for a contravention of a maximum work requirement or minimum rest requirement, means 1 of the following categories— (i) minor risk breach; (ii) substantial risk breach; (iii) severe risk breach; (iv) critical risk breach.\n- (i) minor risk breach;\n- (ii) substantial risk breach;\n- (iii) severe risk breach;\n- (iv) critical risk breach.\n- (i) minor risk breach;\n- (ii) substantial risk breach;\n- (iii) severe risk breach; or\n- (i) minor risk breach;\n- (ii) substantial risk breach;\n- (iii) severe risk breach;\n- (iv) critical risk breach.\n- (a) a road, including its surface or pavement; and\n- (b) anything under or supporting a road or its surface or pavement; and\n- (c) any bridge, tunnel, causeway, road-ferry, ford or other work or structure 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 road; and\n- (e) any traffic control devices, railway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything mentioned in paragraphs (a) to (d).\n- (a) a B-triple; or\n- (b) a combination, other than a B-double, consisting of a motor vehicle towing at least 2 trailers, excluding any converter dolly supporting a semitrailer.\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- (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 .\n- (a) to public safety; or\n- (b) of harm to the environment.\n- (a) the schedule for the transport of any goods or passengers by the vehicle; or\n- (b) the schedule of the driver’s work times and rest times.\n- (a) schedules the transport of any goods or passengers by the vehicle; or\n- (b) schedules the work times and rest times of the vehicle’s driver.\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 the mass of the trailer’s load being imposed on the prime mover.\n- (a) for a mass requirement—has the meaning given by section 100 ; or\n- (b) for a dimension requirement—has the meaning given by section 107 ; or\n- (c) for a loading requirement—has the meaning given by section 114 ; or\n- (d) for a maximum work requirement or minimum rest requirement—has the meaning given by section 222 (3) .\n- (a) for the purposes of Division 2 of Part 4.2 , has the meaning given by section 97 ; or\n- (b) for the purposes of Division 2 of Part 4.3 , has the meaning given by section 104 .\n- (a) 1 axle; or\n- (b) 2 axles with centres between transverse, parallel, vertical planes spaced less than 1.0m apart.\n- (a) a speed limit applying under this Law, the Road Rules or another law; and\n- (b) when used in the context of a speed limit applying to the driver of a heavy vehicle—a speed limit applying to the driver or the vehicle (or both) under this Law, the Road Rules or another law (whether it applies specifically to the particular driver or the particular vehicle or it applies to all drivers or vehicles or to a class of drivers or vehicles to which the driver or vehicle belongs).\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, under this Law, the Road Rules or other law (for example, a speed limit specified in a permit or a Commonwealth Gazette notice)\n- (a) for a mass requirement—has the meaning given by section 99 ; or\n- (b) for a dimension requirement—has the meaning given by section 106 ; or\n- (c) for a loading requirement—has the meaning given by section 113 ; or\n- (d) for a maximum work requirement or minimum rest requirement—has the meaning given by section 222 (2) .\n- (a) for the purposes of Division 2 of Part 4.2 , has the meaning given by section 97 ; or\n- (b) for the purposes of Division 2 of Part 4.3 , has the meaning given by section 104 .\n- (a) a rest area designated for use, and able to be used, by fatigue-regulated heavy vehicles; or\n- (b) a place at which a fatigue-regulated heavy vehicle may be safely and lawfully parked.\n- (a) with an emission control system, for the purposes of section 91 , has the meaning given by that section; or\n- (b) with a plate or label, for the purposes of section 87A , has the meaning given by that section; or\n- (c) with a speed limiter, for the purposes of section 93 , has the meaning given by that section; or\n- (d) with an approved electronic recording system, for the purposes of Chapter 6 , has the meaning given by section 334 ; or\n- (e) with an approved intelligent transport system, for the purposes of Chapter 7 , has the meaning given by section 403 .\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 in right of this jurisdiction.\n- (a) a national standard under section 7 of the Motor Vehicle Standards Act 1989 ; or\n- (b) a national road vehicle standard under section 12 of the Road Vehicle Standards Act 2018 .\n- (a) legislation about compensation for third parties who are injured or killed by the use of motor vehicles or trailers; or\n- (b) legislation about payment of contributions towards compensation of that kind; or\n- (c) legislation requiring public liability insurance.\n- (a) this Law as it applies as a law of a participating jurisdiction; or\n- (b) a law of a participating jurisdiction that— (i) substantially corresponds to the provisions of this Law; or (ii) is prescribed by the national regulations for the purposes of paragraph (a) (iii) of the definition participating jurisdiction .\n- (i) substantially corresponds to the provisions of this Law; or\n- (ii) is prescribed by the national regulations for the purposes of paragraph (a) (iii) of the definition participating jurisdiction .\n- (i) substantially corresponds to the provisions of this Law; or\n- (ii) is prescribed by the national regulations for the purposes of paragraph (a) (iii) of the definition participating jurisdiction .\n- (a) a heavy motor vehicle that is— (i) equipped with a crane, winch, ramp or other lifting device; and (ii) used or intended to be used for the towing of motor vehicles; or\n- (i) equipped with a crane, winch, ramp or other lifting device; and\n- (ii) used or intended to be used for the towing of motor vehicles; or\n- (b) a heavy motor vehicle to which is attached, temporarily or otherwise, a trailer or device that is— (i) equipped with a crane, winch, ramp or other lifting device; and (ii) used or intended to be used for the towing of motor vehicles.\n- (i) equipped with a crane, winch, ramp or other lifting device; and\n- (ii) used or intended to be used for the towing of motor vehicles.\n- (i) equipped with a crane, winch, ramp or other lifting device; and\n- (ii) used or intended to be used for the towing of motor vehicles; or\n- (i) equipped with a crane, winch, ramp or other lifting device; and\n- (ii) used or intended to be used for the towing of motor vehicles.\n- (a) a motor vehicle designed to carry goods or passengers; or\n- (b) a tow truck.\n- (a) contracting, directing or employing a person— (i) to drive the vehicle; or (ii) to carry out another activity associated with the use of the vehicle (such as maintaining or repairing the vehicle); or\n- (i) to drive the vehicle; or\n- (ii) to carry out another activity associated with the use of the vehicle (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 vehicle; or\n- (d) packing goods for transport using the vehicle; or\n- (e) managing the loading of goods onto or unloading of goods from the vehicle; or\n- (f) loading goods onto or unloading goods from the vehicle; or\n- (g) receiving goods unloaded from the vehicle.\n- (i) to drive the vehicle; or\n- (ii) to carry out another activity associated with the use of the vehicle (such as maintaining or repairing the vehicle); or\n- (a) each contractual document directly or indirectly associated with— (i) a transaction for the actual or proposed road transport of goods or passengers or any previous transport of the goods or passengers by any transport method; or (ii) goods or passengers, to the extent the document is relevant to the transaction for their actual or proposed road transport;\n- (i) a transaction for the actual or proposed road transport of goods or passengers or any previous transport of the goods or passengers by any transport method; or\n- (ii) goods or passengers, to the extent the document is relevant to the transaction for their actual or proposed road transport;\n- (b) each document— (i) contemplated in a contractual document mentioned in paragraph (a) ; or (ii) required by law, or customarily given, in connection with a contractual document or transaction mentioned in paragraph (a) .\n- (i) contemplated in a contractual document mentioned in paragraph (a) ; or\n- (ii) required by law, or customarily given, in connection with a contractual document or transaction mentioned in paragraph (a) .\n- (i) a transaction for the actual or proposed road transport of goods or passengers or any previous transport of the goods or passengers by any transport method; or\n- (ii) goods or passengers, to the extent the document is relevant to the transaction for their actual or proposed road transport;\n- (i) contemplated in a contractual document mentioned in paragraph (a) ; or\n- (ii) required by law, or customarily given, in connection with a contractual document or transaction mentioned in paragraph (a) .\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\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 least 1m but not more than 2m.\n- (a) by; and\n- (b) for the purposes of; and\n- (c) in accordance with; and\n- (d) within the meaning of.\n- (a) unloads from the vehicle, or any container that is in or part of the vehicle, goods that have been transported by road; or\n- (b) unloads from the vehicle a freight container, whether or not it contains goods, that has been transported by road.\n- (a) vehicle standards exemption (notice); or\n- (b) vehicle standards exemption (permit).\n- (a) for a heavy vehicle built before 1 January 1989 that has an identification plate, the number quoted on the vehicle’s identification plate that— (i) uniquely identifies the vehicle and sets it apart from similar vehicles; and (ii) corresponds to the identification number of the vehicle that is permanently recorded elsewhere on the vehicle; or\n- (i) uniquely identifies the vehicle and sets it apart from similar vehicles; and\n- (ii) corresponds to the identification number of the vehicle that is permanently recorded elsewhere on the vehicle; or\n- (b) for a heavy vehicle built on or after 1 January 1989 that was given an approval under the Motor Vehicle Standards Act 1989 or is given an approval under the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 of the Commonwealth, the unique vehicle identification number assigned to the vehicle— (i) at the time the vehicle was manufactured, in accordance with a third edition ADR; or (ii) by the department of government of the Commonwealth in which the Motor Vehicle Standards Act 1989 was previously administered; or\n- (i) at the time the vehicle was manufactured, in accordance with a third edition ADR; or\n- (ii) by the department of government of the Commonwealth in which the Motor Vehicle Standards Act 1989 was previously administered; or\n- (c) otherwise, the unique number assigned to the heavy vehicle— (i) at the time the vehicle was manufactured, in accordance with an ADR that is a national road vehicle standard under section 12 of the Road Vehicle Standards Act 2018 ; or (ii) by the department of government of the Commonwealth in which the Road Vehicle Standards Act 2018 is administered.\n- (i) at the time the vehicle was manufactured, in accordance with an ADR that is a national road vehicle standard under section 12 of the Road Vehicle Standards Act 2018 ; or\n- (ii) by the department of government of the Commonwealth in which the Road Vehicle Standards Act 2018 is administered.\n- (i) uniquely identifies the vehicle and sets it apart from similar vehicles; and\n- (ii) corresponds to the identification number of the vehicle that is permanently recorded elsewhere on the vehicle; or\n- (i) at the time the vehicle was manufactured, in accordance with a third edition ADR; or\n- (ii) by the department of government of the Commonwealth in which the Motor Vehicle Standards Act 1989 was previously administered; or\n- (i) at the time the vehicle was manufactured, in accordance with an ADR that is a national road vehicle standard under section 12 of the Road Vehicle Standards Act 2018 ; or\n- (ii) by the department of government of the Commonwealth in which the Road Vehicle Standards Act 2018 is administered.\n- (a) a work and rest hours exemption (notice); or\n- (b) a work and rest hours exemption (permit).\n- (a) a work diary exemption (notice); or\n- (b) a work diary exemption (permit).","sortOrder":104},{"sectionNumber":"sec.6-oc.2","sectionType":"section","heading":"Meaning of heavy vehicle","content":"### sec.6-oc.2 Meaning of heavy vehicle\n\nFor the purposes of this Law, a vehicle is a heavy vehicle if it has a GVM or ATM of more than 4.5t.\nAlso, for the purposes of this Law, a combination that includes a vehicle with a GVM or ATM of more than 4.5t is a heavy vehicle .\nHowever, rolling stock is not a heavy vehicle for the purposes of this Law.\nIn this section—\nrolling stock —\nRolling stock is a vehicle designed to operate or move on a railway track and includes a locomotive, carriage, rail car, rail motor, light rail vehicle, tram, light inspection vehicle, self-propelled infrastructure maintenance vehicle, trolley, wagon or monorail vehicle.\nA vehicle designed to operate both on and off a railway track is rolling stock when the vehicle is being—\noperated or moved on a railway track; or\nmaintained, repaired or modified in relation to the operation or movement of the vehicle on a railway track.\nsch s 6 sub 2013 No. 4 s 12\namd 2018 No. 10 s 15\n(sec.6-oc.2-ssec.1) For the purposes of this Law, a vehicle is a heavy vehicle if it has a GVM or ATM of more than 4.5t.\n(sec.6-oc.2-ssec.2) Also, for the purposes of this Law, a combination that includes a vehicle with a GVM or ATM of more than 4.5t is a heavy vehicle .\n(sec.6-oc.2-ssec.3) However, rolling stock is not a heavy vehicle for the purposes of this Law.\n(sec.6-oc.2-ssec.4) In this section— rolling stock — Rolling stock is a vehicle designed to operate or move on a railway track and includes a locomotive, carriage, rail car, rail motor, light rail vehicle, tram, light inspection vehicle, self-propelled infrastructure maintenance vehicle, trolley, wagon or monorail vehicle. A vehicle designed to operate both on and off a railway track is rolling stock when the vehicle is being— operated or moved on a railway track; or maintained, repaired or modified in relation to the operation or movement of the vehicle on a railway track.\n- 1 Rolling stock is a vehicle designed to operate or move on a railway track and includes a locomotive, carriage, rail car, rail motor, light rail vehicle, tram, light inspection vehicle, self-propelled infrastructure maintenance vehicle, trolley, wagon or monorail vehicle.\n- 2 A vehicle designed to operate both on and off a railway track is rolling stock when the vehicle is being— (a) operated or moved on a railway track; or (b) maintained, repaired or modified in relation to the operation or movement of the vehicle on a railway track.\n- (a) operated or moved on a railway track; or\n- (b) maintained, repaired or modified in relation to the operation or movement of the vehicle on a railway track.\n- (a) operated or moved on a railway track; or\n- (b) maintained, repaired or modified in relation to the operation or movement of the vehicle on a railway track.","sortOrder":105},{"sectionNumber":"sec.7-oc.2","sectionType":"section","heading":"Meaning of fatigue-regulated heavy vehicle","content":"### sec.7-oc.2 Meaning of fatigue-regulated heavy vehicle\n\nFor the purposes of this Law, a heavy vehicle is a fatigue-regulated heavy vehicle if it is any of the following—\na motor vehicle with a GVM of more than 12t;\na combination with a GVM of more than 12t;\na fatigue-regulated bus.\nHowever, subject to subsection (3) , a heavy vehicle is not a fatigue-regulated heavy vehicle for the purposes of this Law if it is any of the following—\na motor vehicle that—\nis built, or has been modified, to operate primarily as a machine or implement off-road, on a road-related area, or on an area of road that is under construction; and\nis not capable of carrying goods or passengers by road;\nagricultural machine, backhoe, bulldozer, excavator, forklift, front-end loader, grader, motor vehicle registered under an Australian road law as a special purpose vehicle (type p)\na motorhome.\nFor the purposes of this Law, a truck, or a combination including a truck, that has a machine or implement attached to it is a fatigue-regulated heavy vehicle —\nif the GVM of the truck or combination with the attached machine or implement is more than 12t; and\nwhether or not the truck or combination has been built or modified primarily to operate as a machine or implement off-road, on a road-related area, or on an area of road that is under construction.\na truck to which a crane or drilling rig is attached\nFor the purposes of subsection (2) (b) , a motorhome —\nis a rigid or articulated motor vehicle or combination that is built, or has been modified, primarily for residential purposes; and\ndoes not include a motor vehicle that is merely a motor vehicle constructed with a sleeper berth.\nFor the purposes of this section, the GVM of a combination is the total of the GVMs of the vehicles in the combination.\nsch s 7 sub 2013 No. 4 s 12\namd 2025 No. 26 s 12 (uncommenced amendment)\n(sec.7-oc.2-ssec.1) For the purposes of this Law, a heavy vehicle is a fatigue-regulated heavy vehicle if it is any of the following— a motor vehicle with a GVM of more than 12t; a combination with a GVM of more than 12t; a fatigue-regulated bus.\n(sec.7-oc.2-ssec.2) However, subject to subsection (3) , a heavy vehicle is not a fatigue-regulated heavy vehicle for the purposes of this Law if it is any of the following— a motor vehicle that— is built, or has been modified, to operate primarily as a machine or implement off-road, on a road-related area, or on an area of road that is under construction; and is not capable of carrying goods or passengers by road; agricultural machine, backhoe, bulldozer, excavator, forklift, front-end loader, grader, motor vehicle registered under an Australian road law as a special purpose vehicle (type p) a motorhome.\n(sec.7-oc.2-ssec.3) For the purposes of this Law, a truck, or a combination including a truck, that has a machine or implement attached to it is a fatigue-regulated heavy vehicle — if the GVM of the truck or combination with the attached machine or implement is more than 12t; and whether or not the truck or combination has been built or modified primarily to operate as a machine or implement off-road, on a road-related area, or on an area of road that is under construction. a truck to which a crane or drilling rig is attached\n(sec.7-oc.2-ssec.4) For the purposes of subsection (2) (b) , a motorhome — is a rigid or articulated motor vehicle or combination that is built, or has been modified, primarily for residential purposes; and does not include a motor vehicle that is merely a motor vehicle constructed with a sleeper berth.\n(sec.7-oc.2-ssec.5) For the purposes of this section, the GVM of a combination is the total of the GVMs of the vehicles in the combination.\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- (a) a motor vehicle that— (i) is built, or has been modified, to operate primarily as a machine or implement off-road, on a road-related area, or on an area of road that is under construction; and (ii) is not capable of carrying goods or passengers by road; Examples for the purposes of paragraph (a) — agricultural machine, backhoe, bulldozer, excavator, forklift, front-end loader, grader, motor vehicle registered under an Australian road law as a special purpose vehicle (type p)\n- (i) is built, or has been modified, to operate primarily as a machine or implement off-road, on a road-related area, or on an area of road that is under construction; and\n- (ii) is not capable of carrying goods or passengers by road;\n- (b) a motorhome.\n- (i) is built, or has been modified, to operate primarily as a machine or implement off-road, on a road-related area, or on an area of road that is under construction; and\n- (ii) is not capable of carrying goods or passengers by road;\n- (a) if the GVM of the truck or combination with the attached machine or implement is more than 12t; and\n- (b) whether or not the truck or combination has been built or modified primarily to operate as a machine or implement off-road, on a road-related area, or on an area of road that is under construction.\n- (a) is a rigid or articulated motor vehicle or combination that is built, or has been modified, primarily for residential purposes; and\n- (b) does not include a motor vehicle that is merely a motor vehicle constructed with a sleeper berth.","sortOrder":106},{"sectionNumber":"sec.8-oc.2","sectionType":"section","heading":"Meaning of road and road-related area","content":"### sec.8-oc.2 Meaning of road and road-related area\n\nFor the purposes of this Law, a road is an area that is open to or used by the public and is developed for, or has as 1 of its uses, the driving or riding of motor vehicles.\nbridges, cattle grids, culverts, ferries, fords, railway crossings, tunnels or viaducts\nFor the purposes of this Law, a road-related area is—\nan area that divides a road; or\na footpath, shared path or nature strip adjacent to a road; or\na shoulder of a road; or\na bicycle path or another area that is not a road and that is open to the public and designated for use by cyclists or animals; or\nan area that is not a road and that is open to, or used by, the public for driving, riding or parking motor vehicles.\nAlso, an area is a road or road-related area for the purposes of this Law or a particular provision of this Law as applied in a participating jurisdiction, if the area is declared by a law of that jurisdiction to be a road or road-related area for the purposes of this Law or the particular provision.\nIn this section—\nbicycle path means an area open to the public that is designated for, or 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 has as 1 of its main uses, use by pedestrians.\nshared path means an area open to the public that is designated for, or has as 1 of its main uses, use by both the riders of bicycles and pedestrians.\nshoulder , of a road—\nincludes any part of the road that is not designed to be used by motor vehicles in travelling along the road; and\nincludes—\nfor a kerbed road-any part of the kerb; and\nfor a sealed road-any unsealed part of the road, and any sealed part of the road outside an edge line on the road; but\ndoes not include a bicycle path, footpath or shared path.\nsch s 8 sub 2013 No. 4 s 12\n(sec.8-oc.2-ssec.1) For the purposes of this Law, a road is an area that is open to or used by the public and is developed for, or has as 1 of its uses, the driving or riding of motor vehicles. bridges, cattle grids, culverts, ferries, fords, railway crossings, tunnels or viaducts\n(sec.8-oc.2-ssec.2) For the purposes of this Law, a road-related area is— an area that divides a road; or a footpath, shared path or nature strip adjacent to a road; or a shoulder of a road; or a bicycle path or another area that is not a road and that is open to the public and designated for use by cyclists or animals; or an area that is not a road and that is open to, or used by, the public for driving, riding or parking motor vehicles.\n(sec.8-oc.2-ssec.3) Also, an area is a road or road-related area for the purposes of this Law or a particular provision of this Law as applied in a participating jurisdiction, if the area is declared by a law of that jurisdiction to be a road or road-related area for the purposes of this Law or the particular provision.\n(sec.8-oc.2-ssec.4) In this section— bicycle path means an area open to the public that is designated for, or has as 1 of its main uses, use by riders of bicycles. footpath means an area open to the public that is designated for, or has as 1 of its main uses, use by pedestrians. shared path means an area open to the public that is designated for, or has as 1 of its main uses, use by both the riders of bicycles and pedestrians. shoulder , of a road— includes any part of the road that is not designed to be used by motor vehicles in travelling along the road; and includes— for a kerbed road-any part of the kerb; and for a sealed road-any unsealed part of the road, and any sealed part of the road outside an edge line on the road; but does not include a bicycle path, footpath or shared path.\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 to 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 public for driving, riding or parking motor vehicles.\n- (a) includes any part of the road that is not designed to be used by motor vehicles in travelling along the road; and\n- (b) includes— (i) for a kerbed road-any part of the kerb; and (ii) for a sealed road-any unsealed part of the road, and any sealed part of the road outside an edge line on the road; but\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 sealed 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- (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 sealed part of the road outside an edge line on the road; but","sortOrder":107},{"sectionNumber":"sec.9-oc.2","sectionType":"section","heading":"Meaning of convicts and convicted of an offence","content":"### sec.9-oc.2 Meaning of convicts and convicted of an offence\n\nFor the purposes of this Law, a court convicts a person of an offence if the court finds the person guilty, or accepts the person’s plea of guilty, for the offence whether or not a conviction is recorded.\nFor the purposes of this Law, a person is convicted of an offence if a court convicts the person of the offence.\nsch s 9 sub 2013 No. 4 s 12\n(sec.9-oc.2-ssec.1) For the purposes of this Law, a court convicts a person of an offence if the court finds the person guilty, or accepts the person’s plea of guilty, for the offence whether or not a conviction is recorded.\n(sec.9-oc.2-ssec.2) For the purposes of this Law, a person is convicted of an offence if a court convicts the person of the offence.","sortOrder":108},{"sectionNumber":"sec.10-oc.2","sectionType":"section","heading":"Interpretation generally","content":"### sec.10-oc.2 Interpretation generally\n\nSchedule 1 applies in relation to this Law.\nsch s 10 sub 2013 No. 4 s 12","sortOrder":109},{"sectionNumber":"sec.11-oc.2","sectionType":"section","heading":"References to laws includes references to instruments made under laws","content":"### sec.11-oc.2 References to laws includes references to instruments made under laws\n\nIn this Law, a reference (either generally or specifically) to a law or a provision of a law (including this Law) includes a reference to—\neach instrument (including a regulation) made or in force under the law or provision; and\neach instrument made or in force under any such instrument.\nIn this section—\nlaw means a law of the Commonwealth or a State or Territory.\nsch s 11 sub 2013 No. 4 s 12\n(sec.11-oc.2-ssec.1) In this Law, a reference (either generally or specifically) to a law or a provision of a law (including this Law) includes a reference to— each instrument (including a regulation) made or in force under the law or provision; and each instrument made or in force under any such instrument.\n(sec.11-oc.2-ssec.2) In this section— law means a law of the Commonwealth or a State or Territory.\n- (a) each instrument (including a regulation) made or in force under the law or provision; and\n- (b) each instrument made or in force under any such instrument.","sortOrder":110},{"sectionNumber":"sec.12-oc.2","sectionType":"section","heading":"References to this Law as applied in a participating jurisdiction","content":"### sec.12-oc.2 References to this Law as applied in a participating jurisdiction\n\nIn this Law, a reference to this Law as applied by an Act of a participating jurisdiction includes a reference to—\na law that substantially corresponds to this Law enacted in a participating jurisdiction; and\na law prescribed by the national regulations for the purposes of paragraph (a) (iii) of the definition participating jurisdiction in section 5 , enacted in a participating jurisdiction.\nsch s 12 sub 2013 No. 4 s 12\n- (a) a law that substantially corresponds to this Law enacted in a participating jurisdiction; and\n- (b) a law prescribed by the national regulations for the purposes of paragraph (a) (iii) of the definition participating jurisdiction in section 5 , enacted in a participating jurisdiction.","sortOrder":111},{"sectionNumber":"sec.13-oc.2","sectionType":"section","heading":"References to road","content":"### sec.13-oc.2 References to road\n\nA reference in this Law to a road includes a reference to a road-related area, unless a contrary intention appears in this Law.\nsch s 13 sub 2013 No. 4 s 12","sortOrder":112},{"sectionNumber":"sec.14-oc.2","sectionType":"section","heading":"References to particular ADR versions","content":"### sec.14-oc.2 References to particular ADR versions\n\nA reference in this Law to an ADR followed by a number is a reference to—\nif the reference is to a second edition ADR—the ADR of that number in the ‘Australian Design Rules for Motor Vehicle Safety, Second Edition’; or\notherwise—the ADR of that number referenced in the relevant standard.\nsch s 14 prev sch s 14 sub 2013 No. 4 s 12\nom 2016 No. 65 s 8\npres sch s 14 ins 2019 No. 29 s 5\n- (a) if the reference is to a second edition ADR—the ADR of that number in the ‘Australian Design Rules for Motor Vehicle Safety, Second Edition’; or\n- (b) otherwise—the ADR of that number referenced in the relevant standard.","sortOrder":113},{"sectionNumber":"sec.15-oc.2","sectionType":"section","heading":"References to categories of heavy vehicles","content":"### sec.15-oc.2 References to categories of heavy vehicles\n\nIf a provision of this Law provides for the exemption, authorisation, prescription or description of a category of heavy vehicles, heavy vehicles may, without limitation, be categorised for the purposes of the provision as being of any stated class, including, for example—\na class of heavy vehicles used for a particular task; and\na class of heavy vehicles used by particular persons or a particular class of persons; and\na class of heavy vehicles with a particular configuration.\nsch s 15 sub 2013 No. 4 s 12\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 particular class of persons; and\n- (c) a class of heavy vehicles with a particular configuration.","sortOrder":114},{"sectionNumber":"sch-inc-ch.1-pt.1.3","sectionType":"part","heading":"Application and operation of Law","content":"# Application and operation of Law","sortOrder":115},{"sectionNumber":"sec.16-oc.2","sectionType":"section","heading":"Extraterritorial operation of Law","content":"### sec.16-oc.2 Extraterritorial operation of Law\n\nIt is the intention of the Parliament of this jurisdiction that the operation of this Law is, as far as possible, to include operation in relation to the following—\nthings situated in or outside the territorial limits of this jurisdiction;\nacts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;\nthings, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction.\nsch s 16 sub 2013 No. 4 s 12\n- (a) things situated in or outside the territorial limits of this jurisdiction;\n- (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;\n- (c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction.","sortOrder":116},{"sectionNumber":"sec.17-oc.2","sectionType":"section","heading":"Law binds the State","content":"### sec.17-oc.2 Law binds the State\n\nThis Law binds the State.\nNo criminal liability attaches to the State itself (as distinct from its agents, instrumentalities, officers and employees) under this Law.\nsch s 17 sub 2013 No. 4 s 12\n(sec.17-oc.2-ssec.1) This Law binds the State.\n(sec.17-oc.2-ssec.2) No criminal liability attaches to the State itself (as distinct from its agents, instrumentalities, officers and employees) under this Law.","sortOrder":117},{"sectionNumber":"sec.18-oc.2","sectionType":"section","heading":"Relationship with primary work health and safety laws","content":"### sec.18-oc.2 Relationship with primary work health and safety laws\n\nIf a provision of this Law and a provision of the primary WHS Law deal with the same thing, and it is possible to comply with both provisions, a person must comply with both provisions.\nHowever, to the extent it is not possible for the person to comply with both provisions, the person must comply with the provision of the primary WHS Law.\nEvidence of a relevant contravention of this Law is admissible in any proceeding for an offence against the primary WHS Law.\nCompliance with this Law, or with any requirement imposed under this Law, is not, in itself, evidence that a person has complied with the primary WHS Law or any regulations made under that Law or with a common law duty of care.\nIf an act, omission or circumstances constitute an offence under this Law and the primary WHS Law, the offender is not liable to be punished twice for the act, omission or circumstances.\nIn this section—\nprimary WHS Law , for a participating jurisdiction, means the law that is declared by a law of that jurisdiction to be the primary WHS Law for the purposes of this Law.\n‘WHS’ stands for workplace health and safety.\nsch s 18 ins 2013 No. 4 s 12\namd 2016 No. 65 s 9\n(sec.18-oc.2-ssec.1) If a provision of this Law and a provision of the primary WHS Law deal with the same thing, and it is possible to comply with both provisions, a person must comply with both provisions.\n(sec.18-oc.2-ssec.1A) However, to the extent it is not possible for the person to comply with both provisions, the person must comply with the provision of the primary WHS Law.\n(sec.18-oc.2-ssec.2) Evidence of a relevant contravention of this Law is admissible in any proceeding for an offence against the primary WHS Law.\n(sec.18-oc.2-ssec.3) Compliance with this Law, or with any requirement imposed under this Law, is not, in itself, evidence that a person has complied with the primary WHS Law or any regulations made under that Law or with a common law duty of care.\n(sec.18-oc.2-ssec.3A) If an act, omission or circumstances constitute an offence under this Law and the primary WHS Law, the offender is not liable to be punished twice for the act, omission or circumstances.\n(sec.18-oc.2-ssec.4) In this section— primary WHS Law , for a participating jurisdiction, means the law that is declared by a law of that jurisdiction to be the primary WHS Law for the purposes of this Law. ‘WHS’ stands for workplace health and safety.","sortOrder":118},{"sectionNumber":"sch-inc-ch.1-pt.1.4","sectionType":"part","heading":"Performance based standards","content":"# Performance based standards","sortOrder":119},{"sectionNumber":"sec.19-oc.2","sectionType":"section","heading":"Main purpose of this Part","content":"### sec.19-oc.2 Main purpose of this Part\n\nThe main purposes of this Part and other associated provisions of this Law are to enable PBS vehicles that meet a particular performance level to operate (unless otherwise specified by the responsible Minister) on roads that are authorised to be used by PBS vehicles that meet or exceed that performance level.\nIt is intended that authorisations or exemptions can be granted under this Law for PBS vehicles.\n(sec.19-oc.2-ssec.1) The main purposes of this Part and other associated provisions of this Law are to enable PBS vehicles that meet a particular performance level to operate (unless otherwise specified by the responsible Minister) on roads that are authorised to be used by PBS vehicles that meet or exceed that performance level.\n(sec.19-oc.2-ssec.2) It is intended that authorisations or exemptions can be granted under this Law for PBS vehicles.","sortOrder":120},{"sectionNumber":"sec.20-oc.2","sectionType":"section","heading":"Notification to road authority of PBS design approval","content":"### sec.20-oc.2 Notification to road authority of PBS design approval\n\nThe Regulator must, as soon as practicable, notify the road authority for this jurisdiction, in writing, of a PBS design approval, together with a description of the significant features of the design to which the approval relates.","sortOrder":121},{"sectionNumber":"sec.21-oc.2","sectionType":"section","heading":"Notification by responsible Minister of non-application or restricted application of PBS design approval","content":"### sec.21-oc.2 Notification by responsible Minister of non-application or restricted application of PBS design approval\n\nThe responsible Minister for this jurisdiction may notify the Regulator in writing that any heavy vehicle built to a design that is the subject of a PBS design approval—\nis not to be permitted to operate in this jurisdiction; or\nis only to be permitted to operate in this jurisdiction subject to stated conditions.\nA notice under this section can not be about—\na particular person; or\na particular heavy vehicle.\nA notice under this section is not valid for the purposes of this Law if it does not set out reasons for why it has been issued.\nOn receiving a notice under this section, the Regulator must give a copy of the notice to the person who was given the PBS design approval.\nOn receiving a notice under this section, the Regulator must accordingly impose on the PBS design approval—\na condition giving effect to subsection (1) (a) ; or\nthe stated conditions referred to in subsection (1) (b) .\n(sec.21-oc.2-ssec.1) The responsible Minister for this jurisdiction may notify the Regulator in writing that any heavy vehicle built to a design that is the subject of a PBS design approval— is not to be permitted to operate in this jurisdiction; or is only to be permitted to operate in this jurisdiction subject to stated conditions.\n(sec.21-oc.2-ssec.2) A notice under this section can not be about— a particular person; or a particular heavy vehicle.\n(sec.21-oc.2-ssec.3) A notice under this section is not valid for the purposes of this Law if it does not set out reasons for why it has been issued.\n(sec.21-oc.2-ssec.4) On receiving a notice under this section, the Regulator must give a copy of the notice to the person who was given the PBS design approval.\n(sec.21-oc.2-ssec.5) On receiving a notice under this section, the Regulator must accordingly impose on the PBS design approval— a condition giving effect to subsection (1) (a) ; or the stated conditions referred to in subsection (1) (b) .\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 stated conditions.\n- (a) a particular person; or\n- (b) a particular heavy vehicle.\n- (a) a condition giving effect to subsection (1) (a) ; or\n- (b) the stated conditions referred to in subsection (1) (b) .","sortOrder":122},{"sectionNumber":"sec.22-oc.2","sectionType":"section","heading":"Application for PBS design approval","content":"### sec.22-oc.2 Application for PBS design approval\n\nAn application for a PBS design approval for the design of a type of heavy vehicle may be made to the Regulator.\nIn assessing the application, the Regulator must have regard to—\nthe approved guidelines relevant to the grant of PBS design approvals; and\nany performance based standards and assessment rules prescribed in the national regulations for the purposes of this paragraph; and\nthe advice of the PBS Review Panel in relation to the application.\nHaving assessed the application, the Regulator must approve or reject the application.\nThe Regulator may approve the application subject to any condition the Regulator considers appropriate.\nThe PBS design approval must state the conditions (if any) to which it is subject under subsection (4) or section 21 (5) .\namd 2025 No. 26 s 13 (uncommenced amendment)\n(sec.22-oc.2-ssec.1) An application for a PBS design approval for the design of a type of heavy vehicle may be made to the Regulator.\n(sec.22-oc.2-ssec.2) In assessing the application, the Regulator must have regard to— the approved guidelines relevant to the grant of PBS design approvals; and any performance based standards and assessment rules prescribed in the national regulations for the purposes of this paragraph; and the advice of the PBS Review Panel in relation to the application.\n(sec.22-oc.2-ssec.3) Having assessed the application, the Regulator must approve or reject the application.\n(sec.22-oc.2-ssec.4) The Regulator may approve the application subject to any condition the Regulator considers appropriate.\n(sec.22-oc.2-ssec.5) The PBS design approval must state the conditions (if any) to which it is subject under subsection (4) or section 21 (5) .\n- (a) the approved guidelines relevant to the grant of PBS design approvals; and\n- (b) any performance based standards and assessment rules prescribed in the national regulations for the purposes of this paragraph; and\n- (c) the advice of the PBS Review Panel in relation to the application.","sortOrder":123},{"sectionNumber":"sec.23-oc.2","sectionType":"section","heading":"Application for PBS vehicle approval","content":"### sec.23-oc.2 Application for PBS vehicle approval\n\nAn application for a PBS vehicle approval for a heavy vehicle may be made to the Regulator.\nIn assessing the application, the Regulator must have regard to—\nthe approved guidelines relevant to the grant of PBS vehicle approvals; and\nany vehicle certification rules prescribed in the national regulations for the purposes of this paragraph; and\nthe advice of the PBS Review Panel in relation to the application.\nHaving assessed the application, the Regulator must approve or reject the application.\nThe Regulator may approve the application subject to conditions included in the PBS design approval to which the heavy vehicle is built.\nThe PBS vehicle approval must state the conditions (if any) to which—\nthe PBS vehicle approval is subject under subsection (4) ; and\nthe relevant PBS design approval is subject under section 21 (5) .\nThe PBS vehicle approval must state the performance level for the approval.\nA PBS vehicle approval can not be given for a class 1 heavy vehicle.\nsch s 23 amd 2018 No. 18 s 7\namd 2025 No. 26 s 14 (uncommenced amendment)\n(sec.23-oc.2-ssec.1) An application for a PBS vehicle approval for a heavy vehicle may be made to the Regulator.\n(sec.23-oc.2-ssec.2) In assessing the application, the Regulator must have regard to— the approved guidelines relevant to the grant of PBS vehicle approvals; and any vehicle certification rules prescribed in the national regulations for the purposes of this paragraph; and the advice of the PBS Review Panel in relation to the application.\n(sec.23-oc.2-ssec.3) Having assessed the application, the Regulator must approve or reject the application.\n(sec.23-oc.2-ssec.4) The Regulator may approve the application subject to conditions included in the PBS design approval to which the heavy vehicle is built.\n(sec.23-oc.2-ssec.5) The PBS vehicle approval must state the conditions (if any) to which— the PBS vehicle approval is subject under subsection (4) ; and the relevant PBS design approval is subject under section 21 (5) .\n(sec.23-oc.2-ssec.5A) The PBS vehicle approval must state the performance level for the approval.\n(sec.23-oc.2-ssec.6) A PBS vehicle approval can not be given for a class 1 heavy vehicle.\n- (a) the approved guidelines relevant to the grant of PBS vehicle approvals; and\n- (b) any vehicle certification rules prescribed in the national regulations for the purposes of this paragraph; and\n- (c) the advice of the PBS Review Panel in relation to the application.\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) .","sortOrder":124},{"sectionNumber":"sec.24-oc.2","sectionType":"section","heading":"Exemption from stated vehicle standards","content":"### sec.24-oc.2 Exemption from stated vehicle standards\n\nA PBS vehicle approval for a heavy vehicle may provide that the vehicle is exempt from stated vehicle standards.\nSubsection (1) applies only to vehicle standards of a kind prescribed by the national regulations for the purposes of this section.\nSee section 60 (6) .\n(sec.24-oc.2-ssec.1) A PBS vehicle approval for a heavy vehicle may provide that the vehicle is exempt from stated vehicle standards.\n(sec.24-oc.2-ssec.2) Subsection (1) applies only to vehicle standards of a kind prescribed by the national regulations for the purposes of this section. See section 60 (6) .","sortOrder":125},{"sectionNumber":"sec.25-oc.2","sectionType":"section","heading":"Authorisation of different mass or dimension requirement","content":"### sec.25-oc.2 Authorisation of different mass or dimension requirement\n\nA PBS vehicle approval for a heavy vehicle may provide that the vehicle is authorised to have a mass limit that exceeds a limit that would otherwise apply to the vehicle under a prescribed mass requirement.\nSee section 96 (4) .\nA PBS vehicle approval for a heavy vehicle may provide that the vehicle is authorised to have a dimension that exceeds a dimension limit that would otherwise apply to the vehicle under a prescribed dimension requirement.\nSee section 102 (4) .\n(sec.25-oc.2-ssec.1) A PBS vehicle approval for a heavy vehicle may provide that the vehicle is authorised to have a mass limit that exceeds a limit that would otherwise apply to the vehicle under a prescribed mass requirement. See section 96 (4) .\n(sec.25-oc.2-ssec.2) A PBS vehicle approval for a heavy vehicle may provide that the vehicle is authorised to have a dimension that exceeds a dimension limit that would otherwise apply to the vehicle under a prescribed dimension requirement. See section 102 (4) .","sortOrder":126},{"sectionNumber":"sec.25A","sectionType":"section","heading":"Keeping copy of PBS vehicle approval while driving","content":"### sec.25A Keeping copy of PBS vehicle approval while driving\n\nThe driver of a PBS vehicle must keep a copy of the PBS vehicle approval in the driver’s possession while driving the PBS vehicle.\nMaximum penalty—$3000.\nEach relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1) , unless the relevant party has a reasonable excuse.\nMaximum penalty—$3000.\nIn this section—\nrelevant party , for the driver of a PBS vehicle, means—\nan employer of the driver if the driver is an employed driver; or\na prime contractor of the driver if the driver is a self-employed driver; or\nan operator of the vehicle if the driver is making a journey for the operator.\nsch s 25A ins 2018 No. 18 s 8\nom 2025 No. 26 s 15 (uncommenced amendment)\n(sec.25A-ssec.1) The driver of a PBS vehicle must keep a copy of the PBS vehicle approval in the driver’s possession while driving the PBS vehicle. Maximum penalty—$3000.\n(sec.25A-ssec.2) Each relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1) , unless the relevant party has a reasonable excuse. Maximum penalty—$3000.\n(sec.25A-ssec.3) In this section— relevant party , for the driver of a PBS vehicle, means— an employer of the driver if the driver is an employed driver; or a prime contractor of the driver if the driver is a self-employed driver; or an operator of the vehicle if the driver is making a journey for the operator.\n- (a) an employer of the driver if the driver is an employed driver; or\n- (b) a prime contractor of the driver if the driver is a self-employed driver; or\n- (c) an operator of the vehicle if the driver is making a journey for the operator.","sortOrder":127},{"sectionNumber":"sec.26-oc.2","sectionType":"section","heading":"National regulations","content":"### sec.26-oc.2 National regulations\n\nThe national regulations may provide for—\nthe procedures for determining an application for a PBS design approval or a PBS vehicle approval, including, for example, providing for the time for making a decision on the application, the fee for the application and forms relating to the application; and\nthe procedures for cancelling or modifying a PBS design approval or PBS vehicle approval; and\nperformance based standards, and assessment and certification rules, relating to PBS design approvals or PBS vehicle approvals; and\nthe appointment, functions and management of persons as PBS assessors and PBS vehicle certifiers.\namd 2025 No. 26 s 16 (uncommenced amendment)\n- (a) the procedures for determining an application for a PBS design approval or a PBS vehicle approval, including, for example, providing for the time for making a decision on the application, the fee for the application and forms relating to the application; and\n- (b) the procedures for cancelling or modifying a PBS design approval or PBS vehicle approval; and\n- (c) performance based standards, and assessment and certification rules, relating to PBS design approvals or PBS vehicle approvals; and\n- (d) the appointment, functions and management of persons as PBS assessors and PBS vehicle certifiers.","sortOrder":128},{"sectionNumber":"sch-inc-ch.1A-pt.1A.1","sectionType":"part","heading":"Principles","content":"# Principles","sortOrder":129},{"sectionNumber":"sec.26A","sectionType":"section","heading":"Principle of shared responsibility","content":"### sec.26A Principle of shared responsibility\n\nThe safety of transport activities relating to a heavy vehicle is the shared responsibility of each party in the chain of responsibility for the vehicle.\nThe level and nature of a party’s responsibility for a transport activity depends on—\nthe functions the person performs or is required to perform, whether exclusively or occasionally, rather than—\nthe person’s job title; or\nthe person’s functions described in a written contract; and\nthe nature of the public risk created by the carrying out of the transport activity; and\nthe party’s capacity to control, eliminate or minimise the risk.\nsch s 26A ins 2016 No. 65 s 10\n(sec.26A-ssec.1) The safety of transport activities relating to a heavy vehicle is the shared responsibility of each party in the chain of responsibility for the vehicle.\n(sec.26A-ssec.2) The level and nature of a party’s responsibility for a transport activity depends on— the functions the person performs or is required to perform, whether exclusively or occasionally, rather than— the person’s job title; or the person’s functions described in a written contract; and the nature of the public risk created by the carrying out of the transport activity; and the party’s capacity to control, eliminate or minimise the risk.\n- (a) the functions the person performs or is required to perform, whether exclusively or occasionally, rather than— (i) the person’s job title; or (ii) the person’s functions described in a written contract; and\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 transport activity; and\n- (c) the party’s capacity to control, eliminate or minimise the risk.\n- (i) the person’s job title; or\n- (ii) the person’s functions described in a written contract; and","sortOrder":130},{"sectionNumber":"sec.26B","sectionType":"section","heading":"Principles applying to duties","content":"### sec.26B Principles applying to duties\n\nA person may have more than 1 duty because of the functions the person performs or is required to perform.\nMore than 1 person can concurrently have a duty under this Law and each duty holder must comply with that duty to the standard required by this Law even if another duty holder has the same duty.\nIf more than 1 person has a duty for the same matter, each person—\nretains responsibility for the person’s duty in relation to the matter; and\nmust discharge the person’s duty to the extent to which the person—\nhas the capacity to influence and control the matter; or\nwould have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.\nA duty under this Law may not be transferred to another person.\nsch s 26B ins 2016 No. 65 s 10\n(sec.26B-ssec.1) A person may have more than 1 duty because of the functions the person performs or is required to perform.\n(sec.26B-ssec.2) More than 1 person can concurrently have a duty under this Law and each duty holder must comply with that duty to the standard required by this Law even if another duty holder has the same duty.\n(sec.26B-ssec.3) If more than 1 person has a duty for the same matter, each person— retains responsibility for the person’s duty in relation to the matter; and must discharge the person’s duty to the extent to which the person— has the capacity to influence and control the matter; or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.\n(sec.26B-ssec.4) A duty under this Law may not be transferred to another person.\n- (a) retains responsibility for the person’s duty in relation to the matter; and\n- (b) must discharge the person’s duty to the extent to which the person— (i) has the capacity to influence and control the matter; or (ii) would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.\n- (i) has the capacity to influence and control the matter; or\n- (ii) would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.\n- (i) has the capacity to influence and control the matter; or\n- (ii) would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.","sortOrder":131},{"sectionNumber":"sch-inc-ch.1A-pt.1A.2","sectionType":"part","heading":"Nature of duty","content":"# Nature of duty","sortOrder":132},{"sectionNumber":"sec.26C","sectionType":"section","heading":"Primary duty","content":"### sec.26C Primary duty\n\nEach party in the chain of responsibility for a heavy vehicle must ensure, so far as is reasonably practicable, the safety of the party’s transport activities relating to the vehicle.\nWithout limiting subsection (1) , each party must, so far as is reasonably practicable—\neliminate public risks and, to the extent it is not reasonably practicable to eliminate public risks, minimise the public risks; and\nensure the party’s conduct does not directly or indirectly cause or encourage—\nthe driver of the heavy vehicle to contravene this Law; or\nthe driver of the heavy vehicle to exceed a speed limit applying to the driver; or\nanother person, including another party in the chain of responsibility, to contravene this Law.\nFor subsection (2) (b) , the party’s conduct includes, for example—\nthe party asking, directing or requiring another person to do, or not do, something; and\nthe party entering into a contract—\nwith another person for the other person to do, or not do, something; or\nthat purports to annul, exclude, restrict or otherwise change the effect of this Law.\nsch s 26C ins 2016 No. 65 s 10\n(sec.26C-ssec.1) Each party in the chain of responsibility for a heavy vehicle must ensure, so far as is reasonably practicable, the safety of the party’s transport activities relating to the vehicle.\n(sec.26C-ssec.2) Without limiting subsection (1) , each party must, so far as is reasonably practicable— eliminate public risks and, to the extent it is not reasonably practicable to eliminate public risks, minimise the public risks; and ensure the party’s conduct does not directly or indirectly cause or encourage— the driver of the heavy vehicle to contravene this Law; or the driver of the heavy vehicle to exceed a speed limit applying to the driver; or another person, including another party in the chain of responsibility, to contravene this Law.\n(sec.26C-ssec.3) For subsection (2) (b) , the party’s conduct includes, for example— the party asking, directing or requiring another person to do, or not do, something; and the party entering into a contract— with another person for the other person to do, or not do, something; or that purports to annul, exclude, restrict or otherwise change the effect of this Law.\n- (a) eliminate public risks and, to the extent it is not reasonably practicable to eliminate public risks, minimise the public risks; and\n- (b) ensure the party’s conduct does not directly or indirectly cause or encourage— (i) the driver of the heavy vehicle to contravene this Law; or (ii) the driver of the heavy vehicle to exceed a speed limit applying to the driver; or (iii) another person, including another party in the chain of responsibility, to contravene this Law.\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 applying to the driver; or\n- (iii) another person, including another party in the chain of responsibility, to contravene this Law.\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 applying to the driver; or\n- (iii) another person, including another party in the chain of responsibility, to contravene this Law.\n- (a) the party asking, directing or requiring another person to do, or not do, something; and\n- (b) the party entering into a contract— (i) with another person for the other person to do, or not do, something; or (ii) that purports to annul, exclude, restrict or otherwise change the effect of this Law.\n- (i) with another person for the other person to do, or not do, something; or\n- (ii) that purports to annul, exclude, restrict or otherwise change the effect of this Law.\n- (i) with another person for the other person to do, or not do, something; or\n- (ii) that purports to annul, exclude, restrict or otherwise change the effect of this Law.","sortOrder":133},{"sectionNumber":"sec.26D","sectionType":"section","heading":"Duty of executive of legal entity","content":"### sec.26D Duty of executive of legal entity\n\nIf a legal entity has a safety duty, an executive of the legal entity must exercise due diligence to ensure the legal entity complies with the safety duty.\nMaximum penalty—the penalty for a contravention of the provision by an individual.\nThe executive may be convicted of an offence against subsection (1) even if the legal entity has not been proceeded against for, or convicted of, an offence relating to the safety duty.\nSubsection (1) does not apply to an executive of the legal entity acting on a voluntary basis, whether or not the executive is reimbursed for the expenses incurred by the executive for carrying out activities for the legal entity.\nIn this section—\ndue diligence includes taking reasonable steps—\nto acquire, and keep up to date, knowledge about the safe conduct of transport activities; and\nto gain an understanding of—\nthe nature of the legal entity’s transport activities; and\nthe hazards and risks, including the public risk, associated with those activities; and\nto ensure the legal entity has, and uses, appropriate resources to eliminate or minimise those hazards and risks; and\nto ensure the legal entity has, and implements, processes—\nto eliminate or minimise those hazards and risks; and\nfor receiving, considering, and responding in a timely way to, information about those hazards and risks and any incidents; and\nfor complying with the legal entity’s safety duties; and\nto verify the resources and processes mentioned in paragraphs (c) and (d) are being provided, used and implemented.\nexecutive , of a legal entity, means—\nfor a corporation—an executive officer of the corporation; or\nfor an unincorporated partnership—a partner in the partnership; or\nfor an unincorporated body—a management member of the body.\nlegal entity means—\na corporation; or\nan unincorporated partnership; or\nan unincorporated body.\nsch s 26D ins 2016 No. 65 s 10\namd 2018 No. 10 s 16 ; 2018 No. 18 s 9\namd 2025 No. 26 s 17 (uncommenced amendment)\n(sec.26D-ssec.1) If a legal entity has a safety duty, an executive of the legal entity must exercise due diligence to ensure the legal entity complies with the safety duty. Maximum penalty—the penalty for a contravention of the provision by an individual.\n(sec.26D-ssec.2) The executive may be convicted of an offence against subsection (1) even if the legal entity has not been proceeded against for, or convicted of, an offence relating to the safety duty.\n(sec.26D-ssec.2A) Subsection (1) does not apply to an executive of the legal entity acting on a voluntary basis, whether or not the executive is reimbursed for the expenses incurred by the executive for carrying out activities for the legal entity.\n(sec.26D-ssec.3) In this section— due diligence includes taking reasonable steps— to acquire, and keep up to date, knowledge about the safe conduct of transport activities; and to gain an understanding of— the nature of the legal entity’s transport activities; and the hazards and risks, including the public risk, associated with those activities; and to ensure the legal entity has, and uses, appropriate resources to eliminate or minimise those hazards and risks; and to ensure the legal entity has, and implements, processes— to eliminate or minimise those hazards and risks; and for receiving, considering, and responding in a timely way to, information about those hazards and risks and any incidents; and for complying with the legal entity’s safety duties; and to verify the resources and processes mentioned in paragraphs (c) and (d) are being provided, used and implemented. executive , of a legal entity, means— for a corporation—an executive officer of the corporation; or for an unincorporated partnership—a partner in the partnership; or for an unincorporated body—a management member of the body. legal entity means— a corporation; or an unincorporated partnership; or an unincorporated body.\n- (a) to acquire, and keep up to date, knowledge about the safe conduct of transport activities; and\n- (b) to gain an understanding of— (i) the nature of the legal entity’s transport activities; and (ii) the hazards and risks, including the public risk, associated with those activities; and\n- (i) the nature of the legal entity’s transport activities; and\n- (ii) the hazards and risks, including the public risk, associated with those activities; and\n- (c) to ensure the legal entity has, and uses, appropriate resources to eliminate or minimise those hazards and risks; and\n- (d) to ensure the legal entity has, and implements, processes— (i) to eliminate or minimise those hazards and risks; and (ii) for receiving, considering, and responding in a timely way to, information about those hazards and risks and any incidents; and (iii) for complying with the legal entity’s safety duties; and\n- (i) to eliminate or minimise those hazards and risks; and\n- (ii) for receiving, considering, and responding in a timely way to, information about those hazards and risks and any incidents; and\n- (iii) for complying with the legal entity’s safety duties; and\n- (e) to verify the resources and processes mentioned in paragraphs (c) and (d) are being provided, used and implemented.\n- (i) the nature of the legal entity’s transport activities; and\n- (ii) the hazards and risks, including the public risk, associated with those activities; and\n- (i) to eliminate or minimise those hazards and risks; and\n- (ii) for receiving, considering, and responding in a timely way to, information about those hazards and risks and any incidents; and\n- (iii) for complying with the legal entity’s safety duties; and\n- (a) for a corporation—an executive officer of the corporation; or\n- (b) for an unincorporated partnership—a partner in the partnership; or\n- (c) for an unincorporated body—a management member of the body.\n- (a) a corporation; or\n- (b) an unincorporated partnership; or\n- (c) an unincorporated body.","sortOrder":134},{"sectionNumber":"sec.26E","sectionType":"section","heading":"Prohibited requests and contracts","content":"### sec.26E Prohibited requests and contracts\n\nA person must not ask, direct or require (directly or indirectly) the driver of a heavy vehicle or a party in the chain of responsibility to do or not do something the person knows, or ought reasonably to know, would have the effect of causing the driver—\nto exceed a speed limit applying to the driver; or\nto drive a fatigue-regulated heavy vehicle while impaired by fatigue; or\nto drive a fatigue-regulated heavy vehicle while in breach of the driver’s work and rest hours option; or\nto drive a fatigue-regulated heavy vehicle in breach of another law in order to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option.\nMaximum penalty—$10000.\nA person must not enter into a contract with the driver of a heavy vehicle or a party in the chain of responsibility that the person knows, or ought reasonably to know, would have the effect of causing the driver, or would encourage the driver, or would encourage a party in the chain of responsibility to cause the driver—\nto exceed a speed limit applying to the driver; or\nto drive a fatigue-regulated heavy vehicle while impaired by fatigue; or\nto drive a fatigue-regulated heavy vehicle while in breach of the driver’s work and rest hours option; or\nto drive a fatigue-regulated heavy vehicle in breach of another law in order to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option.\nMaximum penalty—$10000.\nSee section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.\nsch s 26E ins 2016 No. 65 s 10\namd 2025 No. 26 s 18 (uncommenced amendment)\n(sec.26E-ssec.1) A person must not ask, direct or require (directly or indirectly) the driver of a heavy vehicle or a party in the chain of responsibility to do or not do something the person knows, or ought reasonably to know, would have the effect of causing the driver— to exceed a speed limit applying to the driver; or to drive a fatigue-regulated heavy vehicle while impaired by fatigue; or to drive a fatigue-regulated heavy vehicle while in breach of the driver’s work and rest hours option; or to drive a fatigue-regulated heavy vehicle in breach of another law in order to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option. Maximum penalty—$10000.\n(sec.26E-ssec.2) A person must not enter into a contract with the driver of a heavy vehicle or a party in the chain of responsibility that the person knows, or ought reasonably to know, would have the effect of causing the driver, or would encourage the driver, or would encourage a party in the chain of responsibility to cause the driver— to exceed a speed limit applying to the driver; or to drive a fatigue-regulated heavy vehicle while impaired by fatigue; or to drive a fatigue-regulated heavy vehicle while in breach of the driver’s work and rest hours option; or to drive a fatigue-regulated heavy vehicle in breach of another law in order to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option. Maximum penalty—$10000. See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.\n- (a) to exceed a speed limit applying to the driver; or\n- (b) to drive a fatigue-regulated heavy vehicle while impaired by fatigue; or\n- (c) to drive a fatigue-regulated heavy vehicle while in breach of the driver’s work and rest hours option; or\n- (d) to drive a fatigue-regulated heavy vehicle in breach of another law in order to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option.\n- (a) to exceed a speed limit applying to the driver; or\n- (b) to drive a fatigue-regulated heavy vehicle while impaired by fatigue; or\n- (c) to drive a fatigue-regulated heavy vehicle while in breach of the driver’s work and rest hours option; or\n- (d) to drive a fatigue-regulated heavy vehicle in breach of another law in order to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option.","sortOrder":135},{"sectionNumber":"sch-inc-ch.1A-pt.1A.3","sectionType":"part","heading":"Failing to comply with duty","content":"# Failing to comply with duty","sortOrder":136},{"sectionNumber":"sec.26F","sectionType":"section","heading":"Category 1 offence","content":"### sec.26F Category 1 offence\n\nA person commits an offence if—\nthe person has a duty under section 26C ; and\nthe person, without a reasonable excuse, engages in conduct related to the duty that exposes an individual to a risk of death or serious injury or illness; and\nthe person is reckless as to the risk.\nMaximum penalty—\nif an individual commits the offence—$300000 or 5 years imprisonment or both; or\nif a corporation commits the offence—$3000000.\nThe prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.\nsch s 26F ins 2016 No. 65 s 10\n(sec.26F-ssec.1) A person commits an offence if— the person has a duty under section 26C ; and the person, without a reasonable excuse, engages in conduct related to the duty that exposes an individual to a risk of death or serious injury or illness; and the person is reckless as to the risk. Maximum penalty— if an individual commits the offence—$300000 or 5 years imprisonment or both; or if a corporation commits the offence—$3000000.\n(sec.26F-ssec.2) The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.\n- (a) the person has a duty under section 26C ; and\n- (b) the person, without a reasonable excuse, engages in conduct related to the duty that exposes an individual to a risk of death or 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 imprisonment or both; or\n- (b) if a corporation commits the offence—$3000000.","sortOrder":137},{"sectionNumber":"sec.26G","sectionType":"section","heading":"Category 2 offence","content":"### sec.26G Category 2 offence\n\nA person commits an offence if—\nthe person has a duty under section 26C ; and\nthe person contravenes the duty; and\nthe person’s contravention exposes an individual, or class of individuals, to a risk of death or serious injury or illness.\nMaximum penalty—\nif an individual commits the offence—$150000; or\nif a corporation commits the offence—$1500000.\nsch s 26G ins 2016 No. 65 s 10\n- (a) the person has a duty under section 26C ; and\n- (b) the person contravenes the duty; and\n- (c) the person’s contravention exposes an individual, or class of individuals, 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.","sortOrder":138},{"sectionNumber":"sec.26H","sectionType":"section","heading":"Category 3 offence","content":"### sec.26H Category 3 offence\n\nA person commits an offence if—\nthe person has a duty under section 26C ; and\nthe person contravenes the duty.\nMaximum penalty—\nif an individual commits the offence—$50000; or\nif a corporation commits the offence—$500000.\nsch s 26H ins 2016 No. 65 s 10\n_____\nsch s 26I ins 2025 No. 26 s 19 (uncommenced amendment)\n- (a) the person has a duty under section 26C ; and\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.","sortOrder":139},{"sectionNumber":"sch-inc-ch.2-pt.2.1","sectionType":"part","heading":null,"content":"","sortOrder":140},{"sectionNumber":"sec.27-oc.2","sectionType":"section","heading":null,"content":"### Section sec.27-oc.2\n\nsch s 27 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":141},{"sectionNumber":"sch-inc-ch.2-pt.2.2","sectionType":"part","heading":null,"content":"","sortOrder":142},{"sectionNumber":"sch-inc-ch.2-pt.2.2-div.1","sectionType":"division","heading":null,"content":"","sortOrder":143},{"sectionNumber":"sec.28-oc.2","sectionType":"section","heading":null,"content":"### Section sec.28-oc.2\n\nsch s 28 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":144},{"sectionNumber":"sec.29-oc.2","sectionType":"section","heading":null,"content":"### Section sec.29-oc.2\n\nsch s 29 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":145},{"sectionNumber":"sch-inc-ch.2-pt.2.2-div.2","sectionType":"division","heading":null,"content":"","sortOrder":146},{"sectionNumber":"sec.30-oc.2","sectionType":"section","heading":null,"content":"### Section sec.30-oc.2\n\nsch s 30 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":147},{"sectionNumber":"sch-inc-ch.2-pt.2.2-div.3","sectionType":"division","heading":null,"content":"","sortOrder":148},{"sectionNumber":"sec.31-oc.2","sectionType":"section","heading":null,"content":"### Section sec.31-oc.2\n\nsch s 31 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":149},{"sectionNumber":"sec.32-oc.2","sectionType":"section","heading":null,"content":"### Section sec.32-oc.2\n\nsch s 32 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":150},{"sectionNumber":"sec.33-oc.2","sectionType":"section","heading":null,"content":"### Section sec.33-oc.2\n\nsch s 33 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":151},{"sectionNumber":"sec.34-oc.2","sectionType":"section","heading":null,"content":"### Section sec.34-oc.2\n\nsch s 34 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":152},{"sectionNumber":"sec.35-oc.2","sectionType":"section","heading":null,"content":"### Section sec.35-oc.2\n\nsch s 35 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":153},{"sectionNumber":"sec.36-oc.2","sectionType":"section","heading":null,"content":"### Section sec.36-oc.2\n\nsch s 36 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":154},{"sectionNumber":"sec.37-oc.2","sectionType":"section","heading":null,"content":"### Section sec.37-oc.2\n\nsch s 37 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":155},{"sectionNumber":"sec.38-oc.2","sectionType":"section","heading":null,"content":"### Section sec.38-oc.2\n\nsch s 38 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":156},{"sectionNumber":"sec.39-oc.2","sectionType":"section","heading":null,"content":"### Section sec.39-oc.2\n\nsch s 39 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":157},{"sectionNumber":"sch-inc-ch.2-pt.2.2-div.4","sectionType":"division","heading":null,"content":"","sortOrder":158},{"sectionNumber":"sec.40-oc.2","sectionType":"section","heading":null,"content":"### Section sec.40-oc.2\n\nsch s 40 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":159},{"sectionNumber":"sec.41-oc.2","sectionType":"section","heading":null,"content":"### Section sec.41-oc.2\n\nsch s 41 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":160},{"sectionNumber":"sec.42-oc.2","sectionType":"section","heading":null,"content":"### Section sec.42-oc.2\n\nsch s 42 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":161},{"sectionNumber":"sec.43-oc.2","sectionType":"section","heading":null,"content":"### Section sec.43-oc.2\n\nsch s 43 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":162},{"sectionNumber":"sec.44-oc.2","sectionType":"section","heading":null,"content":"### Section sec.44-oc.2\n\nsch s 44 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":163},{"sectionNumber":"sec.45-oc.2","sectionType":"section","heading":null,"content":"### Section sec.45-oc.2\n\nsch s 45 amd 2016 No. 65 s 118\nnever proclaimed into force and om 2018 No. 10 s 17","sortOrder":164},{"sectionNumber":"sec.46-oc.2","sectionType":"section","heading":null,"content":"### Section sec.46-oc.2\n\nsch s 46 amd 2016 No. 65 s 119\nnever proclaimed into force and om 2018 No. 10 s 17","sortOrder":165},{"sectionNumber":"sec.47-oc.2","sectionType":"section","heading":null,"content":"### Section sec.47-oc.2\n\nsch s 47 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":166},{"sectionNumber":"sch-inc-ch.2-pt.2.3","sectionType":"part","heading":null,"content":"","sortOrder":167},{"sectionNumber":"sec.48-oc.2","sectionType":"section","heading":null,"content":"### Section sec.48-oc.2\n\nsch s 48 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":168},{"sectionNumber":"sch-inc-ch.2-pt.2.4","sectionType":"part","heading":null,"content":"","sortOrder":169},{"sectionNumber":"sec.49-oc.2","sectionType":"section","heading":null,"content":"### Section sec.49-oc.2\n\nsch s 49 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":170},{"sectionNumber":"sec.50-oc.2","sectionType":"section","heading":null,"content":"### Section sec.50-oc.2\n\nsch s 50 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":171},{"sectionNumber":"sec.51-oc.2","sectionType":"section","heading":null,"content":"### Section sec.51-oc.2\n\nsch s 51 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":172},{"sectionNumber":"sec.52-oc.2","sectionType":"section","heading":null,"content":"### Section sec.52-oc.2\n\nsch s 52 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":173},{"sectionNumber":"sch-inc-ch.2-pt.2.5","sectionType":"part","heading":null,"content":"","sortOrder":174},{"sectionNumber":"sec.53-oc.2","sectionType":"section","heading":null,"content":"### Section sec.53-oc.2\n\nsch s 53 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":175},{"sectionNumber":"sec.54-oc.2","sectionType":"section","heading":null,"content":"### Section sec.54-oc.2\n\nsch s 54 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":176},{"sectionNumber":"sec.55-oc.2","sectionType":"section","heading":null,"content":"### Section sec.55-oc.2\n\nsch s 55 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":177},{"sectionNumber":"sch-inc-ch.2-pt.2.6","sectionType":"part","heading":null,"content":"","sortOrder":178},{"sectionNumber":"sec.56-oc.2","sectionType":"section","heading":null,"content":"### Section sec.56-oc.2\n\nsch s 56 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":179},{"sectionNumber":"sec.57-oc.2","sectionType":"section","heading":null,"content":"### Section sec.57-oc.2\n\nsch s 57 never proclaimed into force and om 2018 No. 10 s 17","sortOrder":180},{"sectionNumber":"sch-inc-ch.3-pt.3.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":181},{"sectionNumber":"sec.58-oc.2","sectionType":"section","heading":"Main purpose of Ch 3","content":"### sec.58-oc.2 Main purpose of Ch 3\n\nThe main purpose of this Chapter is to ensure heavy vehicles used on roads are of a standard and in a condition that prevents or minimises safety risks.","sortOrder":182},{"sectionNumber":"sch-inc-ch.3-pt.3.2","sectionType":"part","heading":"Compliance with heavy vehicle standards","content":"# Compliance with heavy vehicle standards","sortOrder":183},{"sectionNumber":"sch-inc-ch.3-pt.3.2-div.1","sectionType":"division","heading":"Requirements","content":"## Requirements","sortOrder":184},{"sectionNumber":"sec.59-oc.2","sectionType":"section","heading":"Heavy vehicle standards","content":"### sec.59-oc.2 Heavy vehicle standards\n\nThe national regulations may prescribe vehicle standards ( heavy vehicle standards ) with which heavy vehicles must comply to use roads.\nWithout limiting subsection (1) , the heavy vehicle standards may include requirements applying to—\nheavy vehicles; or\ncomponents of heavy vehicles, including component vehicles that are not heavy vehicles; or\nequipment of heavy vehicles.\nThe national regulations may prescribe exemptions or different requirements for component vehicles that are not heavy vehicles.\n(sec.59-oc.2-ssec.1) The national regulations may prescribe vehicle standards ( heavy vehicle standards ) with which heavy vehicles must comply to use roads.\n(sec.59-oc.2-ssec.2) Without limiting subsection (1) , the heavy vehicle standards may include requirements applying to— heavy vehicles; or components of heavy vehicles, including component vehicles that are not heavy vehicles; or equipment of heavy vehicles.\n(sec.59-oc.2-ssec.3) The national regulations may prescribe exemptions or different requirements for component vehicles that are not heavy vehicles.\n- (a) heavy vehicles; or\n- (b) components of heavy vehicles, including component vehicles that are not heavy vehicles; or\n- (c) equipment of heavy vehicles.","sortOrder":185},{"sectionNumber":"sec.60-oc.2","sectionType":"section","heading":"Compliance with heavy vehicle standards","content":"### sec.60-oc.2 Compliance with heavy vehicle standards\n\nA person must not use, or permit to be used, on a road a heavy vehicle that contravenes a heavy vehicle standard applying to the vehicle.\nMaximum penalty—\n$3000, except as provided in paragraph (b) ; or\n$6000, for contravention of a heavy vehicle standard relating to a speed limiter.\nSubsection (1) does not apply to—\na heavy vehicle that—\nis on a journey to a place for the repair of the vehicle, or any of its components or equipment, and is travelling on the most direct or convenient route to that place from the place where the journey began; and\nThe subparagraph does not operate to exempt a person from complying with the requirements of a vehicle defect notice applying to the vehicle.\ndoes not have any goods in it; and\nis used on a road in a way that does not pose a safety risk; or\na heavy vehicle that—\nis on a road for testing or analysis of the vehicle, or any of its components or equipment, by an approved vehicle examiner for the purpose of checking its compliance with the heavy vehicle standards; and\ndoes not have any passengers in it; and\ndoes not have any goods in it, unless—\nit has a quantity of goods that is necessary or appropriate for the conduct of the testing or analysis; and\nwithout limiting subparagraph (iv) , there are no reasonable grounds to believe the vehicle laden with those goods poses a significant safety risk; and\nis used on a road in a way that does not pose a safety risk.\nA person does not commit an offence against subsection (1) in relation to a heavy vehicle’s noncompliance with a heavy vehicle standard if, and to the extent, the noncompliance relates to a noncompliance known to the registration authority for the heavy vehicle at the time the registration authority registered the vehicle under an Australian road law.\nFor the purposes of subsection (3) , the registration authority is taken to have known of the heavy vehicle’s noncompliance with a heavy vehicle standard at the time the registration authority registered the vehicle if the noncompliance was mentioned in—\nan operations plate that was installed on the vehicle at the time it was registered; or\na certificate of approved operations issued for the vehicle and in force at the time the vehicle was registered; or\na document obtained by the registration authority under an Australian road law in connection with the registering of the vehicle.\nSubsection (3) applies only if the heavy vehicle, and its use on a road, complies with the conditions of the heavy vehicle’s registration under an Australian road law.\nIf a PBS vehicle is exempt from vehicle standards stated in its PBS vehicle approval but it complies with the other applicable vehicle standards, the vehicle is regarded for the purposes of this Law as complying with the vehicle standards applying to the vehicle.\nSee also section 81 (4) to (6) for the effect of a vehicle standards exemption on compliance with subsection (1) .\nsch s 60 amd 2018 No. 10 s 18\namd 2025 No. 26 s 20 (uncommenced amendment)\n(sec.60-oc.2-ssec.1) A person must not use, or permit to be used, on a road a heavy vehicle that contravenes a heavy vehicle standard applying to the vehicle. Maximum penalty— $3000, except as provided in paragraph (b) ; or $6000, for contravention of a heavy vehicle standard relating to a speed limiter.\n(sec.60-oc.2-ssec.2) Subsection (1) does not apply to— a heavy vehicle that— is on a journey to a place for the repair of the vehicle, or any of its components or equipment, and is travelling on the most direct or convenient route to that place from the place where the journey began; and The subparagraph does not operate to exempt a person from complying with the requirements of a vehicle defect notice applying to the vehicle. does not have any goods in it; and is used on a road in a way that does not pose a safety risk; or a heavy vehicle that— is on a road for testing or analysis of the vehicle, or any of its components or equipment, by an approved vehicle examiner for the purpose of checking its compliance with the heavy vehicle standards; and does not have any passengers in it; and does not have any goods in it, unless— it has a quantity of goods that is necessary or appropriate for the conduct of the testing or analysis; and without limiting subparagraph (iv) , there are no reasonable grounds to believe the vehicle laden with those goods poses a significant safety risk; and is used on a road in a way that does not pose a safety risk.\n(sec.60-oc.2-ssec.3) A person does not commit an offence against subsection (1) in relation to a heavy vehicle’s noncompliance with a heavy vehicle standard if, and to the extent, the noncompliance relates to a noncompliance known to the registration authority for the heavy vehicle at the time the registration authority registered the vehicle under an Australian road law.\n(sec.60-oc.2-ssec.4) For the purposes of subsection (3) , the registration authority is taken to have known of the heavy vehicle’s noncompliance with a heavy vehicle standard at the time the registration authority registered the vehicle if the noncompliance was mentioned in— an operations plate that was installed on the vehicle at the time it was registered; or a certificate of approved operations issued for the vehicle and in force at the time the vehicle was registered; or a document obtained by the registration authority under an Australian road law in connection with the registering of the vehicle.\n(sec.60-oc.2-ssec.5) Subsection (3) applies only if the heavy vehicle, and its use on a road, complies with the conditions of the heavy vehicle’s registration under an Australian road law.\n(sec.60-oc.2-ssec.6) If a PBS vehicle is exempt from vehicle standards stated in its PBS vehicle approval but it complies with the other applicable vehicle standards, the vehicle is regarded for the purposes of this Law as complying with the vehicle standards applying to the vehicle. See also section 81 (4) to (6) for the effect of a vehicle standards exemption on compliance with subsection (1) .\n- (a) $3000, except as provided in paragraph (b) ; or\n- (b) $6000, for contravention of a heavy vehicle standard relating to a speed limiter.\n- (a) a heavy vehicle that— (i) is on a journey to a place for the repair of the vehicle, or any of its components or equipment, and is travelling on the most direct or convenient route to that place from the place where the journey began; and Note for the purposes of subparagraph (i) — The subparagraph does not operate to exempt a person from complying with the requirements of a vehicle defect notice applying to the vehicle. (ii) does not have any goods in it; and (iii) is used on a road in a way that does not pose a safety risk; or\n- (i) is on a journey to a place for the repair of the vehicle, or any of its components or equipment, and is travelling on the most direct or convenient route to that place from the place where the journey began; and Note for the purposes of subparagraph (i) — The subparagraph does not operate to exempt a person from complying with 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; or\n- (b) a heavy vehicle that— (i) is on a road for testing or analysis of the vehicle, or any of its components or equipment, by an approved vehicle examiner for the purpose of checking its compliance with the heavy vehicle standards; and (ii) does not have any passengers in it; and (iii) does not have any goods in it, unless— (A) it has a quantity of goods that is necessary or appropriate for the conduct of the testing or analysis; and (B) without limiting subparagraph (iv) , there are no reasonable grounds to believe the vehicle laden with those goods poses a significant safety risk; and (iv) is used on a road in a way that does not pose a safety risk.\n- (i) is on a road for testing or analysis of the vehicle, or any of its components or equipment, by an approved vehicle examiner for the purpose of checking its compliance with the heavy vehicle standards; and\n- (ii) does not have any passengers in it; and\n- (iii) does not have any goods in it, unless— (A) it has a quantity of goods that is necessary or appropriate for the conduct of the testing or analysis; and (B) without limiting subparagraph (iv) , there are no reasonable grounds to believe the vehicle laden with those goods poses a significant safety risk; and\n- (A) it has a quantity of goods that is necessary or appropriate for the conduct of the testing or analysis; and\n- (B) without limiting subparagraph (iv) , there are no reasonable grounds to believe the vehicle laden with those 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- (i) is on a journey to a place for the repair of the vehicle, or any of its components or equipment, and is travelling on the most direct or convenient route to that place from the place where the journey began; and Note for the purposes of subparagraph (i) — The subparagraph does not operate to exempt a person from complying with 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; or\n- (i) is on a road for testing or analysis of the vehicle, or any of its components or equipment, by an approved vehicle examiner for the purpose of checking its compliance with the heavy vehicle standards; and\n- (ii) does not have any passengers in it; and\n- (iii) does not have any goods in it, unless— (A) it has a quantity of goods that is necessary or appropriate for the conduct of the testing or analysis; and (B) without limiting subparagraph (iv) , there are no reasonable grounds to believe the vehicle laden with those goods poses a significant safety risk; and\n- (A) it has a quantity of goods that is necessary or appropriate for the conduct of the testing or analysis; and\n- (B) without limiting subparagraph (iv) , there are no reasonable grounds to believe the vehicle laden with those 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- (A) it has a quantity of goods that is necessary or appropriate for the conduct of the testing or analysis; and\n- (B) without limiting subparagraph (iv) , there are no reasonable grounds to believe the vehicle laden with those goods poses a significant safety risk; and\n- (a) an operations plate that was installed on the vehicle at the time it was registered; or\n- (b) a certificate of approved operations issued for the vehicle and in force at the time the vehicle was registered; or\n- (c) a document obtained by the registration authority under an Australian road law in connection with the registering of the vehicle.","sortOrder":186},{"sectionNumber":"sch-inc-ch.3-pt.3.2-div.2","sectionType":"division","heading":"Exemptions by Commonwealth Gazette notice","content":"## Exemptions by Commonwealth Gazette notice","sortOrder":187},{"sectionNumber":"sec.61-oc.2","sectionType":"section","heading":"Regulator’s power to exempt category of heavy vehicles from compliance with heavy vehicle standard","content":"### sec.61-oc.2 Regulator’s power to exempt category of heavy vehicles from compliance with heavy vehicle standard\n\nThe Regulator may, by Commonwealth Gazette notice complying with section 65 , exempt, for a period of not more than 5 years, a category of heavy vehicles from the requirement to comply with a heavy vehicle standard.\nAn exemption under subsection (1) is a vehicle standards exemption (notice) .\n(sec.61-oc.2-ssec.1) The Regulator may, by Commonwealth Gazette notice complying with section 65 , exempt, for a period of not more than 5 years, a category of heavy vehicles from the requirement to comply with a heavy vehicle standard.\n(sec.61-oc.2-ssec.2) An exemption under subsection (1) is a vehicle standards exemption (notice) .","sortOrder":188},{"sectionNumber":"sec.62-oc.2","sectionType":"section","heading":"Restriction on grant of vehicle standards exemption (notice)","content":"### sec.62-oc.2 Restriction on grant of vehicle standards exemption (notice)\n\nThe Regulator may grant a vehicle standards exemption (notice) for a category of heavy vehicles only if—\n1 of the following applies—\nthe Regulator is satisfied complying with the heavy vehicle standard to which the exemption is to apply would prevent heavy vehicles of that category from operating in the way in which, or for the purpose for which, the vehicles were built or modified;\nthe Regulator is satisfied heavy vehicles of that category are experimental vehicles, prototypes or similar vehicles that could not reasonably be expected to comply with the heavy vehicle standard to which the exemption is to apply;\nthe exemption has been requested by a road authority for a participating jurisdiction for the use of heavy vehicles of that category in that jurisdiction;\nthe category of heavy vehicles consists of heavy vehicles that, immediately before the commencement of this section in a participating jurisdiction, were not required to comply with a similar standard at that time and were—\nregistered under an Australian road law of that jurisdiction and not required to comply with a similar standard at that time; or\noperating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction;\nthe category of heavy vehicles consists of heavy vehicles referred to in the national regulations for the purposes of this subparagraph; and\nthe Regulator is satisfied the use of heavy vehicles of the category to which the exemption is to apply on a road under the exemption will not pose a significant safety risk.\nIn deciding whether to grant a vehicle standards exemption (notice), the Regulator must have regard to the approved guidelines for granting vehicle standards exemptions.\nThe national regulations may prescribe additional requirements or restrictions regarding the granting of a vehicle standards exemption (notice).\nsch s 62 amd 2025 No. 26 s 21 (uncommenced amendment)\n(sec.62-oc.2-ssec.1) The Regulator may grant a vehicle standards exemption (notice) for a category of heavy vehicles only if— 1 of the following applies— the Regulator is satisfied complying with the heavy vehicle standard to which the exemption is to apply would prevent heavy vehicles of that category from operating in the way in which, or for the purpose for which, the vehicles were built or modified; the Regulator is satisfied heavy vehicles of that category are experimental vehicles, prototypes or similar vehicles that could not reasonably be expected to comply with the heavy vehicle standard to which the exemption is to apply; the exemption has been requested by a road authority for a participating jurisdiction for the use of heavy vehicles of that category in that jurisdiction; the category of heavy vehicles consists of heavy vehicles that, immediately before the commencement of this section in a participating jurisdiction, were not required to comply with a similar standard at that time and were— registered under an Australian road law of that jurisdiction and not required to comply with a similar standard at that time; or operating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction; the category of heavy vehicles consists of heavy vehicles referred to in the national regulations for the purposes of this subparagraph; and the Regulator is satisfied the use of heavy vehicles of the category to which the exemption is to apply on a road under the exemption will not pose a significant safety risk.\n(sec.62-oc.2-ssec.2) In deciding whether to grant a vehicle standards exemption (notice), the Regulator must have regard to the approved guidelines for granting vehicle standards exemptions.\n(sec.62-oc.2-ssec.3) The national regulations may prescribe additional requirements or restrictions regarding the granting of a vehicle standards exemption (notice).\n- (a) 1 of the following applies— (i) the Regulator is satisfied complying with the heavy vehicle standard to which the exemption is to apply would prevent heavy vehicles of that category from operating in the way in which, or for the purpose for which, the vehicles were built or modified; (ii) the Regulator is satisfied heavy vehicles of that category are experimental vehicles, prototypes or similar vehicles that could not reasonably be expected to comply with the heavy vehicle standard to which the exemption is to apply; (iii) the exemption has been requested by a road authority for a participating jurisdiction for the use of heavy vehicles of that category in that jurisdiction; (iv) the category of heavy vehicles consists of heavy vehicles that, immediately before the commencement of this section in a participating jurisdiction, were not required to comply with a similar standard at that time and were— (A) registered under an Australian road law of that jurisdiction and not required to comply with a similar standard at that time; or (B) operating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction; (v) the category of heavy vehicles consists of heavy vehicles referred to in the national regulations for the purposes of this subparagraph; and\n- (i) the Regulator is satisfied complying with the heavy vehicle standard to which the exemption is to apply would prevent heavy vehicles of that category from operating in the way in which, or for the purpose for which, the vehicles were built or modified;\n- (ii) the Regulator is satisfied heavy vehicles of that category are experimental vehicles, prototypes or similar vehicles that could not reasonably be expected to comply with the heavy vehicle standard to which the exemption is to apply;\n- (iii) the exemption has been requested by a road authority for a participating jurisdiction for the use of heavy vehicles of that category in that jurisdiction;\n- (iv) the category of heavy vehicles consists of heavy vehicles that, immediately before the commencement of this section in a participating jurisdiction, were not required to comply with a similar standard at that time and were— (A) registered under an Australian road law of that jurisdiction and not required to comply with a similar standard at that time; or (B) operating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction;\n- (A) registered under an Australian road law of that jurisdiction and not required to comply with a similar standard at that time; or\n- (B) operating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction;\n- (v) the category of heavy vehicles consists of heavy vehicles referred to in the national regulations for the purposes of this subparagraph; and\n- (b) the Regulator is satisfied the use of heavy vehicles of the category to which the exemption is to apply on a road under the exemption will not pose a significant safety risk.\n- (i) the Regulator is satisfied complying with the heavy vehicle standard to which the exemption is to apply would prevent heavy vehicles of that category from operating in the way in which, or for the purpose for which, the vehicles were built or modified;\n- (ii) the Regulator is satisfied heavy vehicles of that category are experimental vehicles, prototypes or similar vehicles that could not reasonably be expected to comply with the heavy vehicle standard to which the exemption is to apply;\n- (iii) the exemption has been requested by a road authority for a participating jurisdiction for the use of heavy vehicles of that category in that jurisdiction;\n- (iv) the category of heavy vehicles consists of heavy vehicles that, immediately before the commencement of this section in a participating jurisdiction, were not required to comply with a similar standard at that time and were— (A) registered under an Australian road law of that jurisdiction and not required to comply with a similar standard at that time; or (B) operating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction;\n- (A) registered under an Australian road law of that jurisdiction and not required to comply with a similar standard at that time; or\n- (B) operating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction;\n- (v) the category of heavy vehicles consists of heavy vehicles referred to in the national regulations for the purposes of this subparagraph; and\n- (A) registered under an Australian road law of that jurisdiction and not required to comply with a similar standard at that time; or\n- (B) operating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction;","sortOrder":189},{"sectionNumber":"sec.63-oc.2","sectionType":"section","heading":"Conditions of vehicle standards exemption (notice)","content":"### sec.63-oc.2 Conditions of vehicle standards exemption (notice)\n\nA vehicle standards exemption (notice) may be subject to any conditions the Regulator considers appropriate, including, for example—\nconditions about protecting road infrastructure from damage; and\na condition that the driver of a heavy vehicle who is driving the vehicle under the exemption must keep in the driver’s possession a copy of—\nthe Commonwealth Gazette notice for the exemption; or\nan information sheet about the exemption published by the Regulator on the Regulator’s website.\n- (a) conditions about protecting road infrastructure from damage; and\n- (b) a condition that the driver of a heavy vehicle who is driving the vehicle under the exemption must keep in the driver’s possession a copy of— (i) the Commonwealth Gazette notice for the exemption; or (ii) an information sheet about the exemption published by the Regulator on the Regulator’s website.\n- (i) the Commonwealth Gazette notice for the exemption; or\n- (ii) an information sheet about the exemption published by the Regulator on the Regulator’s website.\n- (i) the Commonwealth Gazette notice for the exemption; or\n- (ii) an information sheet about the exemption published by the Regulator on the Regulator’s website.","sortOrder":190},{"sectionNumber":"sec.64","sectionType":"section","heading":"Period for which vehicle standards exemption (notice) applies","content":"### sec.64 Period for which vehicle standards exemption (notice) applies\n\nA vehicle standards exemption (notice)—\ntakes effect—\nwhen the Commonwealth Gazette notice for the exemption is published; or\nif a later time is stated in the Commonwealth Gazette notice, at the later time; and\napplies for the period stated in the Commonwealth Gazette notice.\n- (a) takes effect— (i) when the Commonwealth Gazette notice for the exemption is published; or (ii) if a later time is stated in the Commonwealth Gazette notice, at the later time; and\n- (i) when the Commonwealth Gazette notice for the exemption is published; or\n- (ii) if a later time is stated in the Commonwealth Gazette notice, at the later time; and\n- (b) applies for the period stated in the Commonwealth Gazette notice.\n- (i) when the Commonwealth Gazette notice for the exemption is published; or\n- (ii) if a later time is stated in the Commonwealth Gazette notice, at the later time; and","sortOrder":191},{"sectionNumber":"sec.65","sectionType":"section","heading":"Requirements about Commonwealth Gazette notice","content":"### sec.65 Requirements about Commonwealth Gazette notice\n\nA Commonwealth Gazette notice for a vehicle standards exemption (notice) must state the following—\nthe category of heavy vehicles to which the exemption applies;\nthe heavy vehicle standard to which the exemption applies;\nthe conditions of the exemption;\nthe period for which the exemption applies.\nThe Regulator must publish a copy of the Commonwealth Gazette notice on the Regulator’s website.\n(sec.65-ssec.1) A Commonwealth Gazette notice for a vehicle standards exemption (notice) must state the following— the category of heavy vehicles to which the exemption applies; the heavy vehicle standard to which the exemption applies; the conditions of the exemption; the period for which the exemption applies.\n(sec.65-ssec.2) The Regulator must publish a copy of the Commonwealth Gazette notice on the Regulator’s website.\n- (a) the category of heavy vehicles to which the exemption applies;\n- (b) the heavy vehicle standard to which the exemption applies;\n- (c) the conditions of the exemption;\n- (d) the period for which the exemption applies.","sortOrder":192},{"sectionNumber":"sec.66","sectionType":"section","heading":"Amendment or cancellation of vehicle standards exemption (notice)","content":"### sec.66 Amendment or cancellation of vehicle standards exemption (notice)\n\nEach of the following is a ground for amending or cancelling a vehicle standards exemption (notice)—\nthe use of heavy vehicles on a road under the exemption has caused, or is likely to cause, a significant safety risk;\nsince the exemption was granted, there has been a change in circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.\nIf the Regulator considers a ground exists to amend or cancel a vehicle standards exemption (notice), the Regulator may amend or cancel the exemption by complying with subsections (3) to (5) .\nThe Regulator must publish a public notice—\nstating that the Regulator believes a ground mentioned in subsection (1) (a) or (b) for amending or cancelling the exemption exists; and\noutlining the facts and circumstances forming the basis for the belief; and\nstating the action the Regulator is proposing to take under this section (the proposed action ); and\ninviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.\nIf, after considering all written representations made under subsection (3) (d) , the Regulator still considers a ground exists to take the proposed action, the Regulator may—\nif the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or\nif the proposed action was to cancel the exemption—\namend the exemption, including, for example, by imposing additional conditions on the exemption; or\ncancel the exemption.\nThe Regulator must publish a public notice of the amendment or cancellation.\nThe amendment or cancellation takes effect—\n28 days after the Commonwealth Gazette notice is published under subsection (5) ; or\nif a later time is stated in the Commonwealth Gazette notice, at the later time.\nsch s 66 amd 2016 No. 65 s 120\n(sec.66-ssec.1) Each of the following is a ground for amending or cancelling a vehicle standards exemption (notice)— the use of heavy vehicles on a road under the exemption has caused, or is likely to cause, a significant safety risk; since the exemption was granted, there has been a change in circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.\n(sec.66-ssec.2) If the Regulator considers a ground exists to amend or cancel a vehicle standards exemption (notice), the Regulator may amend or cancel the exemption by complying with subsections (3) to (5) .\n(sec.66-ssec.3) The Regulator must publish a public notice— stating that the Regulator believes a ground mentioned in subsection (1) (a) or (b) for amending or cancelling the exemption exists; and outlining the facts and circumstances forming the basis for the belief; and stating the action the Regulator is proposing to take under this section (the proposed action ); and inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.\n(sec.66-ssec.4) If, after considering all written representations made under subsection (3) (d) , the Regulator still considers a ground exists to take the proposed action, the Regulator may— if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or if the proposed action was to cancel the exemption— amend the exemption, including, for example, by imposing additional conditions on the exemption; or cancel the exemption.\n(sec.66-ssec.5) The Regulator must publish a public notice of the amendment or cancellation.\n(sec.66-ssec.6) The amendment or cancellation takes effect— 28 days after the Commonwealth Gazette notice is published under subsection (5) ; or if a later time is stated in the Commonwealth Gazette notice, at the later time.\n- (a) the use of heavy vehicles on a road under the exemption has caused, or is likely to cause, a significant safety risk;\n- (b) since the exemption was granted, there has been a change in circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.\n- (a) stating that the Regulator believes a ground mentioned in subsection (1) (a) or (b) for amending or cancelling the exemption exists; and\n- (b) outlining the facts and circumstances forming the basis for the belief; and\n- (c) stating the action the Regulator is proposing to take under this section (the proposed action ); and\n- (d) inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.\n- (a) if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or\n- (b) if the proposed action was to cancel the exemption— (i) amend the exemption, including, for example, by imposing additional conditions on the exemption; or (ii) cancel the exemption.\n- (i) amend the exemption, including, for example, by imposing additional conditions on the exemption; or\n- (ii) cancel the exemption.\n- (i) amend the exemption, including, for example, by imposing additional conditions on the exemption; or\n- (ii) cancel the exemption.\n- (a) 28 days after the Commonwealth Gazette notice is published under subsection (5) ; or\n- (b) if a later time is stated in the Commonwealth Gazette notice, at the later time.","sortOrder":193},{"sectionNumber":"sec.67","sectionType":"section","heading":"Immediate suspension on Regulator’s initiative","content":"### sec.67 Immediate suspension on Regulator’s initiative\n\nThis section applies if the Regulator considers it is necessary to suspend a vehicle standards exemption (notice) immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure.\nThe Regulator may, by public notice, immediately suspend the exemption until the earliest of the following—\nthe end of 56 days after the day the public notice is published;\nthe Regulator publishes a notice under section 66 (5) and the amendment or cancellation takes effect under section 66 (6) ;\nthe Regulator cancels the suspension by public notice.\nThe suspension, and (where relevant) the cancellation of the suspension, takes effect immediately after the Commonwealth Gazette notice is published under subsection (3) .\nThis section applies despite section 66 .\nsch s 67 amd 2016 No. 65 s 121\n(sec.67-ssec.1) This section applies if the Regulator considers it is necessary to suspend a vehicle standards exemption (notice) immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure.\n(sec.67-ssec.2) The Regulator may, by public notice, immediately suspend the exemption until the earliest of the following— the end of 56 days after the day the public notice is published; the Regulator publishes a notice under section 66 (5) and the amendment or cancellation takes effect under section 66 (6) ; the Regulator cancels the suspension by public notice.\n(sec.67-ssec.4) The suspension, and (where relevant) the cancellation of the suspension, takes effect immediately after the Commonwealth Gazette notice is published under subsection (3) .\n(sec.67-ssec.5) This section applies despite section 66 .\n- (a) the end of 56 days after the day the public notice is published;\n- (b) the Regulator publishes a notice under section 66 (5) and the amendment or cancellation takes effect under section 66 (6) ;\n- (c) the Regulator cancels the suspension by public notice.","sortOrder":194},{"sectionNumber":"sch-inc-ch.3-pt.3.2-div.3","sectionType":"division","heading":"Exemptions by permit","content":"## Exemptions by permit","sortOrder":195},{"sectionNumber":"sec.68","sectionType":"section","heading":"Regulator’s power to exempt particular heavy vehicle from compliance with heavy vehicle standard","content":"### sec.68 Regulator’s power to exempt particular heavy vehicle from compliance with heavy vehicle standard\n\nThe Regulator may, by giving a person a permit as mentioned in section 73 , exempt a heavy vehicle from compliance with a heavy vehicle standard for a period of not more than 3 years.\nAn exemption under subsection (1) is a vehicle standards exemption (permit) .\nA vehicle standards exemption (permit) may apply to 1 or more heavy vehicles.\nsch s 68 sub 2025 No. 26 s 22 (uncommenced amendment)\n(sec.68-ssec.1) The Regulator may, by giving a person a permit as mentioned in section 73 , exempt a heavy vehicle from compliance with a heavy vehicle standard for a period of not more than 3 years.\n(sec.68-ssec.2) An exemption under subsection (1) is a vehicle standards exemption (permit) .\n(sec.68-ssec.3) A vehicle standards exemption (permit) may apply to 1 or more heavy vehicles.","sortOrder":196},{"sectionNumber":"sec.69","sectionType":"section","heading":"Application for vehicle standards exemption (permit)","content":"### sec.69 Application for vehicle standards exemption (permit)\n\nA person may apply to the Regulator for a vehicle standards exemption (permit).\nThe application must be—\nin the approved form; and\naccompanied by the prescribed fee for the application.\nThe Regulator may, by notice given to the applicant for a vehicle standards exemption (permit), require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\nsch s 69 om 2025 No. 26 s 22 (uncommenced amendment)\n(sec.69-ssec.1) A person may apply to the Regulator for a vehicle standards exemption (permit).\n(sec.69-ssec.2) The application must be— in the approved form; and accompanied by the prescribed fee for the application.\n(sec.69-ssec.3) The Regulator may, by notice given to the applicant for a vehicle standards exemption (permit), require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\n- (a) in the approved form; and\n- (b) accompanied by the prescribed fee for the application.","sortOrder":197},{"sectionNumber":"sec.70","sectionType":"section","heading":"Restriction on grant of vehicle standards exemption (permit)","content":"### sec.70 Restriction on grant of vehicle standards exemption (permit)\n\nThe Regulator may grant a vehicle standards exemption (permit) for a heavy vehicle only if—\n1 of the following applies—\nthe Regulator is satisfied complying with the heavy vehicle standard to which the exemption is to apply would prevent the heavy vehicle from operating in the way in which, or for the purpose for which, the vehicle was built or modified;\nthe Regulator is satisfied the heavy vehicle is an experimental vehicle, prototype or similar vehicle that could not reasonably be expected to comply with the heavy vehicle standard to which the exemption is to apply;\nthe heavy vehicle, immediately before the commencement of this section in a participating jurisdiction, was not required to comply with a similar standard at that time and was—\nregistered under an Australian road law of that jurisdiction; or\noperating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction; and\nthe Regulator is satisfied the use of the heavy vehicle on a road under the exemption will not pose a significant safety risk.\nIn deciding whether to grant a vehicle standards exemption (permit), the Regulator must have regard to the approved guidelines for granting vehicle standards exemptions.\nsch s 70 om 2025 No. 26 s 22 (uncommenced amendment)\n(sec.70-ssec.1) The Regulator may grant a vehicle standards exemption (permit) for a heavy vehicle only if— 1 of the following applies— the Regulator is satisfied complying with the heavy vehicle standard to which the exemption is to apply would prevent the heavy vehicle from operating in the way in which, or for the purpose for which, the vehicle was built or modified; the Regulator is satisfied the heavy vehicle is an experimental vehicle, prototype or similar vehicle that could not reasonably be expected to comply with the heavy vehicle standard to which the exemption is to apply; the heavy vehicle, immediately before the commencement of this section in a participating jurisdiction, was not required to comply with a similar standard at that time and was— registered under an Australian road law of that jurisdiction; or operating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction; and the Regulator is satisfied the use of the heavy vehicle on a road under the exemption will not pose a significant safety risk.\n(sec.70-ssec.2) In deciding whether to grant a vehicle standards exemption (permit), the Regulator must have regard to the approved guidelines for granting vehicle standards exemptions.\n- (a) 1 of the following applies— (i) the Regulator is satisfied complying with the heavy vehicle standard to which the exemption is to apply would prevent the heavy vehicle from operating in the way in which, or for the purpose for which, the vehicle was built or modified; (ii) the Regulator is satisfied the heavy vehicle is an experimental vehicle, prototype or similar vehicle that could not reasonably be expected to comply with the heavy vehicle standard to which the exemption is to apply; (iii) the heavy vehicle, immediately before the commencement of this section in a participating jurisdiction, was not required to comply with a similar standard at that time and was— (A) registered under an Australian road law of that jurisdiction; or (B) operating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction; and\n- (i) the Regulator is satisfied complying with the heavy vehicle standard to which the exemption is to apply would prevent the heavy vehicle from operating in the way in which, or for the purpose for which, the vehicle was built or modified;\n- (ii) the Regulator is satisfied the heavy vehicle is an experimental vehicle, prototype or similar vehicle that could not reasonably be expected to comply with the heavy vehicle standard to which the exemption is to apply;\n- (iii) the heavy vehicle, immediately before the commencement of this section in a participating jurisdiction, was not required to comply with a similar standard at that time and was— (A) registered under an Australian road law of that jurisdiction; or (B) operating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction; and\n- (A) registered under an Australian road law of that jurisdiction; or\n- (B) operating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction; and\n- (b) the Regulator is satisfied the use of the heavy vehicle on a road under the exemption will not pose a significant safety risk.\n- (i) the Regulator is satisfied complying with the heavy vehicle standard to which the exemption is to apply would prevent the heavy vehicle from operating in the way in which, or for the purpose for which, the vehicle was built or modified;\n- (ii) the Regulator is satisfied the heavy vehicle is an experimental vehicle, prototype or similar vehicle that could not reasonably be expected to comply with the heavy vehicle standard to which the exemption is to apply;\n- (iii) the heavy vehicle, immediately before the commencement of this section in a participating jurisdiction, was not required to comply with a similar standard at that time and was— (A) registered under an Australian road law of that jurisdiction; or (B) operating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction; and\n- (A) registered under an Australian road law of that jurisdiction; or\n- (B) operating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction; and\n- (A) registered under an Australian road law of that jurisdiction; or\n- (B) operating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction; and","sortOrder":198},{"sectionNumber":"sec.71","sectionType":"section","heading":"Conditions of vehicle standards exemption (permit)","content":"### sec.71 Conditions of vehicle standards exemption (permit)\n\nA vehicle standards exemption (permit) may be subject to any conditions the Regulator considers appropriate, including, for example, a condition about protecting road infrastructure from damage.\nsch s 71 om 2025 No. 26 s 22 (uncommenced amendment)","sortOrder":199},{"sectionNumber":"sec.72","sectionType":"section","heading":"Period for which vehicle standards exemption (permit) applies","content":"### sec.72 Period for which vehicle standards exemption (permit) applies\n\nA vehicle standards exemption (permit) applies for the period stated in the permit for the exemption.\nThe period may be less than the period sought by the applicant for the vehicle standards exemption (permit).\nsch s 72 om 2025 No. 26 s 22 (uncommenced amendment)\n(sec.72-ssec.1) A vehicle standards exemption (permit) applies for the period stated in the permit for the exemption.\n(sec.72-ssec.2) The period may be less than the period sought by the applicant for the vehicle standards exemption (permit).","sortOrder":200},{"sectionNumber":"sec.73","sectionType":"section","heading":"Permit for vehicle standards exemption (permit) etc.","content":"### sec.73 Permit for vehicle standards exemption (permit) etc.\n\nIf the Regulator grants a vehicle standards exemption (permit) to a person, the Regulator must give the person—\na permit for the exemption; and\nif the Regulator’s decision to grant the exemption for a period or impose a condition on the exemption is a reviewable decision—a notice stating the review and appeal information for the decision.\nUnder section 641 (6) (a) , this notice must also state particular information about obtaining a statement of reasons for the decision.\nA permit for a vehicle standards exemption (permit) must state the following—\nthe name of the person to whom the permit is given;\neach heavy vehicle to which the exemption applies, including the registration number of the vehicle if known when the permit is given;\nthe heavy vehicle standard to which the exemption applies;\nthe conditions of the exemption;\nthe period for which the exemption applies.\nsch s 73 amd 2019 No. 29 s 8\nom 2025 No. 26 s 22 (uncommenced amendment)\n(sec.73-ssec.1) If the Regulator grants a vehicle standards exemption (permit) to a person, the Regulator must give the person— a permit for the exemption; and if the Regulator’s decision to grant the exemption for a period or impose a condition on the exemption is a reviewable decision—a notice stating the review and appeal information for the decision. Under section 641 (6) (a) , this notice must also state particular information about obtaining a statement of reasons for the decision.\n(sec.73-ssec.2) A permit for a vehicle standards exemption (permit) must state the following— the name of the person to whom the permit is given; each heavy vehicle to which the exemption applies, including the registration number of the vehicle if known when the permit is given; the heavy vehicle standard to which the exemption applies; the conditions of the exemption; the period for which the exemption applies.\n- (a) a permit for the exemption; and\n- (b) if the Regulator’s decision to grant the exemption for a period or impose a condition on the exemption is a reviewable decision—a notice stating the review and appeal information for the decision. Note— Under section 641 (6) (a) , this notice must also state particular information about obtaining a statement of reasons for the decision.\n- (a) the name of the person to whom the permit is given;\n- (b) each heavy vehicle to which the exemption applies, including the registration number of the vehicle if known when the permit is given;\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.","sortOrder":201},{"sectionNumber":"sec.74","sectionType":"section","heading":"Refusal of application for vehicle standards exemption (permit)","content":"### sec.74 Refusal of application for vehicle standards exemption (permit)\n\nIf the Regulator refuses an application for a vehicle standards exemption (permit), the Regulator must give the applicant an information notice for the decision to refuse the application.\nsch s 74 om 2025 No. 26 s 22 (uncommenced amendment)","sortOrder":202},{"sectionNumber":"sec.75","sectionType":"section","heading":"Amendment or cancellation of vehicle standards exemption (permit) on application by permit holder","content":"### sec.75 Amendment or cancellation of vehicle standards exemption (permit) on application by permit holder\n\nThe holder of a permit for a vehicle standards exemption (permit) may apply to the Regulator for an amendment or cancellation of the exemption.\nThe application must—\nbe in the approved form; and\nbe accompanied by the prescribed fee for the application; and\nif the application is for an amendment—state clearly the amendment sought and the reasons for the amendment; and\nbe accompanied by the permit.\nThe Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\nThe Regulator must decide the application as soon as practicable after receiving it.\nIf the Regulator decides to grant the application—\nthe Regulator must give the applicant notice of the decision; and\nthe amendment or cancellation takes effect—\nwhen notice of the decision is given to the applicant; or\nif a later time is stated in the notice, at the later time; and\nif the Regulator amended the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended.\nIf the Regulator decides not to amend or cancel the exemption as sought by the applicant, the Regulator must—\ngive the applicant an information notice for the decision; and\nreturn the permit for the exemption to the applicant.\nsch s 75 om 2025 No. 26 s 22 (uncommenced amendment)\n(sec.75-ssec.1) The holder of a permit for a vehicle standards exemption (permit) may apply to the Regulator for an amendment or cancellation of the exemption.\n(sec.75-ssec.2) The application must— be in the approved form; and be accompanied by the prescribed fee for the application; and if the application is for an amendment—state clearly the amendment sought and the reasons for the amendment; and be accompanied by the permit.\n(sec.75-ssec.3) The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\n(sec.75-ssec.4) The Regulator must decide the application as soon as practicable after receiving it.\n(sec.75-ssec.5) If the Regulator decides to grant the application— the Regulator must give the applicant notice of the decision; and the amendment or cancellation takes effect— when notice of the decision is given to the applicant; or if a later time is stated in the notice, at the later time; and if the Regulator amended the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended.\n(sec.75-ssec.6) If the Regulator decides not to amend or cancel the exemption as sought by the applicant, the Regulator must— give the applicant an information notice for the decision; and return the permit for the exemption to the applicant.\n- (a) be in the approved form; and\n- (b) be accompanied by the prescribed fee for the application; and\n- (c) if the application is for an amendment—state clearly the amendment sought and the reasons for the amendment; and\n- (d) be accompanied by the permit.\n- (a) the Regulator must give the applicant notice of the decision; and\n- (b) the amendment or cancellation takes effect— (i) when notice of the decision is given to the applicant; or (ii) if a later time is stated in the notice, at the later time; and\n- (i) when notice of the decision is given to the applicant; or\n- (ii) if a later time is stated in the notice, at the later time; and\n- (c) if the Regulator amended the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended.\n- (i) when notice of the decision is given to the applicant; or\n- (ii) if a later time is stated in the notice, at the later time; and\n- (a) give the applicant an information notice for the decision; and\n- (b) return the permit for the exemption to the applicant.","sortOrder":203},{"sectionNumber":"sec.76","sectionType":"section","heading":"Amendment or cancellation of vehicle standards exemption (permit) on Regulator’s initiative","content":"### sec.76 Amendment or cancellation of vehicle standards exemption (permit) on Regulator’s initiative\n\nEach of the following is a ground for amending or cancelling a vehicle standards exemption (permit)—\nthe exemption was granted because of a document or representation that was—\nfalse or misleading; or\nobtained or made in an improper way;\nthe holder of the permit for the exemption has contravened a condition of the exemption;\nthe use of a heavy vehicle on a road under the exemption has caused, or is likely to cause, a significant safety risk;\nsince the exemption was granted, there has been change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.\nIf the Regulator considers a ground exists to amend or cancel a vehicle standards exemption (permit) (the proposed action ), the Regulator must give the holder of the permit for the exemption a notice—\nstating the proposed action; and\nstating the ground for the proposed action; and\noutlining the facts and circumstances forming the basis for the ground; and\nif the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and\ninviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.\nIf, after considering all written representations made under subsection (2) (e) , the Regulator still considers a ground exists to take the proposed action, the Regulator may—\nif the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or\nif the proposed action was to cancel the exemption—\namend the exemption, including, for example, by imposing additional conditions on the exemption; or\ncancel the exemption.\nThe Regulator must give the holder an information notice for the decision to amend or cancel the exemption.\nThe amendment or cancellation takes effect—\nwhen the information notice is given to the holder; or\nif a later time is stated in the information notice, at the later time.\nsch s 76 om 2025 No. 26 s 22 (uncommenced amendment)\n(sec.76-ssec.1) Each of the following is a ground for amending or cancelling a vehicle standards exemption (permit)— the exemption was granted because of a document or representation that was— false or misleading; or obtained or made in an improper way; the holder of the permit for the exemption has contravened a condition of the exemption; the use of a heavy vehicle on a road under the exemption has caused, or is likely to cause, a significant safety risk; since the exemption was granted, there has been change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.\n(sec.76-ssec.2) If the Regulator considers a ground exists to amend or cancel a vehicle standards exemption (permit) (the proposed action ), the Regulator must give the holder of the permit for the exemption a notice— stating the proposed action; and stating the ground for the proposed action; and outlining the facts and circumstances forming the basis for the ground; and if the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.\n(sec.76-ssec.3) If, after considering all written representations made under subsection (2) (e) , the Regulator still considers a ground exists to take the proposed action, the Regulator may— if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or if the proposed action was to cancel the exemption— amend the exemption, including, for example, by imposing additional conditions on the exemption; or cancel the exemption.\n(sec.76-ssec.4) The Regulator must give the holder an information notice for the decision to amend or cancel the exemption.\n(sec.76-ssec.5) The amendment or cancellation takes effect— when the information notice is given to the holder; or if a later time is stated in the information notice, at the later time.\n- (a) the exemption was granted because of a document or representation that was— (i) false or misleading; or (ii) obtained or made in an improper way;\n- (i) false or misleading; or\n- (ii) obtained or made in an improper way;\n- (b) the holder of the permit for the exemption has contravened a condition of the exemption;\n- (c) the use of a heavy vehicle on a road under the exemption has caused, or is likely to cause, a significant safety risk;\n- (d) since the exemption was granted, there has been change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.\n- (i) false or misleading; or\n- (ii) obtained or made in an improper way;\n- (a) stating the proposed action; and\n- (b) stating the ground for the proposed action; and\n- (c) outlining the facts and circumstances forming the basis for the ground; and\n- (d) if the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and\n- (e) inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.\n- (a) if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or\n- (b) if the proposed action was to cancel the exemption— (i) amend the exemption, including, for example, by imposing additional conditions on the exemption; or (ii) cancel the exemption.\n- (i) amend the exemption, including, for example, by imposing additional conditions on the exemption; or\n- (ii) cancel the exemption.\n- (i) amend the exemption, including, for example, by imposing additional conditions on the exemption; or\n- (ii) cancel the exemption.\n- (a) when the information notice is given to the holder; or\n- (b) if a later time is stated in the information notice, at the later time.","sortOrder":204},{"sectionNumber":"sec.77","sectionType":"section","heading":"Immediate suspension on Regulator’s initiative","content":"### sec.77 Immediate suspension on Regulator’s initiative\n\nThis section applies if the Regulator considers it is necessary to suspend a vehicle standards exemption (permit) immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure.\nThe Regulator may, by notice ( immediate suspension notice ) given to the person to whom the permit was given, immediately suspend the exemption until the earliest of the following—\nthe Regulator gives the person an information notice under section 76 (4) and the amendment or cancellation takes effect under section 76 (5) ;\nthe Regulator cancels the suspension;\nthe end of 56 days after the day the immediate suspension notice is given to the person.\nThis section applies despite sections 75 and 76 .\nsch s 77 om 2025 No. 26 s 22 (uncommenced amendment)\n(sec.77-ssec.1) This section applies if the Regulator considers it is necessary to suspend a vehicle standards exemption (permit) immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure.\n(sec.77-ssec.2) The Regulator may, by notice ( immediate suspension notice ) given to the person to whom the permit was given, immediately suspend the exemption until the earliest of the following— the Regulator gives the person an information notice under section 76 (4) and the amendment or cancellation takes effect under section 76 (5) ; the Regulator cancels the suspension; the end of 56 days after the day the immediate suspension notice is given to the person.\n(sec.77-ssec.3) This section applies despite sections 75 and 76 .\n- (a) the Regulator gives the person an information notice under section 76 (4) and the amendment or cancellation takes effect under section 76 (5) ;\n- (b) the Regulator cancels the suspension;\n- (c) the end of 56 days after the day the immediate suspension notice is given to the person.","sortOrder":205},{"sectionNumber":"sec.78","sectionType":"section","heading":"Minor amendment of vehicle standards exemption (permit)","content":"### sec.78 Minor amendment of vehicle standards exemption (permit)\n\nThe Regulator may, by notice given to the holder of a permit for a vehicle standards exemption (permit), amend the exemption in a minor respect—\nfor a formal or clerical reason; or\nin another way that does not adversely affect the holder’s interests.\nsch s 78 om 2025 No. 26 s 22 (uncommenced amendment)\n- (a) for a formal or clerical reason; or\n- (b) in another way that does not adversely affect the holder’s interests.","sortOrder":206},{"sectionNumber":"sec.79","sectionType":"section","heading":"Return of permit","content":"### sec.79 Return of permit\n\nIf a person’s vehicle standards exemption (permit) is amended or cancelled, the Regulator may, by notice, require the person to return the person’s permit for the exemption to the Regulator.\nThe person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period.\nMaximum penalty—$4000.\nIf the exemption has been amended, the Regulator must give the person a replacement permit for the exemption as amended.\nsch s 79 om 2025 No. 26 s 22 (uncommenced amendment)\n(sec.79-ssec.1) If a person’s vehicle standards exemption (permit) is amended or cancelled, the Regulator may, by notice, require the person to return the person’s permit for the exemption to the Regulator.\n(sec.79-ssec.2) The person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period. Maximum penalty—$4000.\n(sec.79-ssec.3) If the exemption has been amended, the Regulator must give the person a replacement permit for the exemption as amended.","sortOrder":207},{"sectionNumber":"sec.80","sectionType":"section","heading":"Replacement of defaced etc. permit","content":"### sec.80 Replacement of defaced etc. permit\n\nIf a person’s permit for a vehicle standards exemption (permit) is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement permit.\nMaximum penalty—$4000.\nIf the Regulator is satisfied the permit has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement permit as soon as practicable.\nIf the Regulator decides not to give the person a replacement permit, the Regulator must give the person an information notice for the decision.\nSubsection (1) does not apply to a vehicle standards exemption (permit) for which an application to cancel the permit has been made and is pending determination.\nsch s 80 om 2025 No. 26 s 22 (uncommenced amendment)\n(sec.80-ssec.1) If a person’s permit for a vehicle standards exemption (permit) is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement permit. Maximum penalty—$4000.\n(sec.80-ssec.2) If the Regulator is satisfied the permit has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement permit as soon as practicable.\n(sec.80-ssec.3) If the Regulator decides not to give the person a replacement permit, the Regulator must give the person an information notice for the decision.\n(sec.80-ssec.4) Subsection (1) does not apply to a vehicle standards exemption (permit) for which an application to cancel the permit has been made and is pending determination.","sortOrder":208},{"sectionNumber":"sch-inc-ch.3-pt.3.2-div.4","sectionType":"division","heading":"Operating under vehicle standards exemption","content":"## Operating under vehicle standards exemption","sortOrder":209},{"sectionNumber":"sec.81","sectionType":"section","heading":"Contravening condition of vehicle standards exemption","content":"### sec.81 Contravening condition of vehicle standards exemption\n\nA person must not contravene a condition of a vehicle standards exemption.\nMaximum penalty—$4000.\nA person must not use, or permit to be used, on a road a heavy vehicle that contravenes a condition of a vehicle standards exemption applying to the vehicle.\nMaximum penalty—$4000.\nA person must not use a heavy vehicle, or permit a heavy vehicle to be used, on a road in a way that contravenes a condition of a vehicle standards exemption applying to the vehicle.\nMaximum penalty—$4000.\nA person does not commit an offence against this Law in relation to a heavy vehicle contravening a heavy vehicle standard if—\nthe heavy vehicle is exempt, under a vehicle standards exemption, from compliance with the heavy vehicle standard; and\nthe heavy vehicle, and its use on a road, complies with the conditions of the exemption.\nHowever, if a person commits a condition offence in relation to the exemption—\nthe exemption does not operate in the person’s favour while the contravention constituting the offence continues; and\nthe exemption must be disregarded in deciding whether the person has committed an offence in relation to a contravention of a heavy vehicle standard applying to a heavy vehicle.\nIf, because of the operation of subsection (5) , a person commits an offence against a provision of this Law (the other offence provision ) in relation to a heavy vehicle standard to which the exemption applies, the person—\nmay be charged with the condition offence or an offence against the other offence provision; but\nmust not be charged with both offences.\nSubsection (1) does not apply to a condition mentioned in section 82 (1) .\nIn this section—\ncondition offence means an offence against subsection (1) , (2) or (3) .\nsch s 81 amd 2015 No. 12 s 67 sch\namd 2025 No. 26 s 23 (uncommenced amendment)\n(sec.81-ssec.1) A person must not contravene a condition of a vehicle standards exemption. Maximum penalty—$4000.\n(sec.81-ssec.2) A person must not use, or permit to be used, on a road a heavy vehicle that contravenes a condition of a vehicle standards exemption applying to the vehicle. Maximum penalty—$4000.\n(sec.81-ssec.3) A person must not use a heavy vehicle, or permit a heavy vehicle to be used, on a road in a way that contravenes a condition of a vehicle standards exemption applying to the vehicle. Maximum penalty—$4000.\n(sec.81-ssec.4) A person does not commit an offence against this Law in relation to a heavy vehicle contravening a heavy vehicle standard if— the heavy vehicle is exempt, under a vehicle standards exemption, from compliance with the heavy vehicle standard; and the heavy vehicle, and its use on a road, complies with the conditions of the exemption.\n(sec.81-ssec.5) However, if a person commits a condition offence in relation to the exemption— the exemption does not operate in the person’s favour while the contravention constituting the offence continues; and the exemption must be disregarded in deciding whether the person has committed an offence in relation to a contravention of a heavy vehicle standard applying to a heavy vehicle.\n(sec.81-ssec.6) If, because of the operation of subsection (5) , a person commits an offence against a provision of this Law (the other offence provision ) in relation to a heavy vehicle standard to which the exemption applies, the person— may be charged with the condition offence or an offence against the other offence provision; but must not be charged with both offences.\n(sec.81-ssec.7) Subsection (1) does not apply to a condition mentioned in section 82 (1) .\n(sec.81-ssec.8) In this section— condition offence means an offence against subsection (1) , (2) or (3) .\n- (a) the heavy vehicle is exempt, under a vehicle standards exemption, from compliance with the heavy vehicle standard; and\n- (b) the heavy vehicle, and its use on a road, complies with the conditions of the exemption.\n- (a) the exemption does not operate in the person’s favour while the contravention constituting the offence continues; and\n- (b) the exemption must be disregarded in deciding whether the person has committed an offence in relation to a contravention of a heavy vehicle standard applying to a heavy vehicle.\n- (a) may be charged with the condition offence or an offence against the other offence provision; but\n- (b) must not be charged with both offences.","sortOrder":210},{"sectionNumber":"sec.82","sectionType":"section","heading":"Keeping relevant document while driving under vehicle standards exemption (notice)","content":"### sec.82 Keeping relevant document while driving under vehicle standards exemption (notice)\n\nThis section applies if a vehicle standards exemption (notice) is subject to the condition that the driver of a heavy vehicle who is driving the vehicle under the exemption must keep a relevant document in the driver’s possession.\nA driver of the heavy vehicle who is driving the vehicle under the vehicle standards exemption (notice) must comply with the condition.\nMaximum penalty—$3000.\nEach relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2) , unless the relevant party has a reasonable excuse.\nMaximum penalty—$3000.\nIn this section—\nrelevant document , for a vehicle standards exemption (notice), means a copy of—\nthe Commonwealth Gazette notice for the exemption; or\nan information sheet about the exemption published by the Regulator on the Regulator’s website.\nrelevant party , for the driver of a heavy vehicle, means—\nan employer of the driver if the driver is an employed driver; or\na prime contractor of the driver if the driver is a self-employed driver; or\nan operator of the vehicle if the driver is making a journey for the operator.\nsch s 82 amd 2016 No. 65 s 13\n(sec.82-ssec.1) This section applies if a vehicle standards exemption (notice) is subject to the condition that the driver of a heavy vehicle who is driving the vehicle under the exemption must keep a relevant document in the driver’s possession.\n(sec.82-ssec.2) A driver of the heavy vehicle who is driving the vehicle under the vehicle standards exemption (notice) must comply with the condition. Maximum penalty—$3000.\n(sec.82-ssec.3) Each relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2) , unless the relevant party has a reasonable excuse. Maximum penalty—$3000.\n(sec.82-ssec.7) In this section— relevant document , for a vehicle standards exemption (notice), means a copy of— the Commonwealth Gazette notice for the exemption; or an information sheet about the exemption published by the Regulator on the Regulator’s website. relevant party , for the driver of a heavy vehicle, means— an employer of the driver if the driver is an employed driver; or a prime contractor of the driver if the driver is a self-employed driver; or an operator of the vehicle if the driver is making a journey for the operator.\n- (a) the Commonwealth Gazette notice for the exemption; or\n- (b) an information sheet about the exemption published by the Regulator on the Regulator’s website.\n- (a) an employer of the driver if the driver is an employed driver; or\n- (b) a prime contractor of the driver if the driver is a self-employed driver; or\n- (c) an operator of the vehicle if the driver is making a journey for the operator.","sortOrder":211},{"sectionNumber":"sec.83","sectionType":"section","heading":"Keeping copy of permit while driving under vehicle standards exemption (permit)","content":"### sec.83 Keeping copy of permit while driving under vehicle standards exemption (permit)\n\nThe driver of a heavy vehicle who is driving the vehicle under a vehicle standards exemption (permit) must keep a copy of the permit for the exemption in the driver’s possession.\nMaximum penalty—$3000.\nIf the driver of a heavy vehicle is driving the vehicle under a vehicle standards exemption (permit) granted to a relevant party for the driver and the relevant party has given the driver a copy of a permit for the purpose of subsection (1) , the driver must, as soon as reasonably practicable, return the copy to the relevant party if the driver stops working for the relevant party.\nMaximum penalty—$3000.\nEach relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2) , unless the relevant party has a reasonable excuse.\nMaximum penalty—$3000.\nIn this section—\nrelevant party , for the driver of a heavy vehicle, means—\nan employer of the driver if the driver is an employed driver; or\na prime contractor of the driver if the driver is a self-employed driver; or\nan operator of the vehicle if the driver is making a journey for the operator.\nsch s 83 amd 2016 No. 65 s 14\nom 2025 No. 26 s 24 (uncommenced amendment)\n(sec.83-ssec.1) The driver of a heavy vehicle who is driving the vehicle under a vehicle standards exemption (permit) must keep a copy of the permit for the exemption in the driver’s possession. Maximum penalty—$3000.\n(sec.83-ssec.2) If the driver of a heavy vehicle is driving the vehicle under a vehicle standards exemption (permit) granted to a relevant party for the driver and the relevant party has given the driver a copy of a permit for the purpose of subsection (1) , the driver must, as soon as reasonably practicable, return the copy to the relevant party if the driver stops working for the relevant party. Maximum penalty—$3000.\n(sec.83-ssec.3) Each relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2) , unless the relevant party has a reasonable excuse. Maximum penalty—$3000.\n(sec.83-ssec.7) In this section— relevant party , for the driver of a heavy vehicle, means— an employer of the driver if the driver is an employed driver; or a prime contractor of the driver if the driver is a self-employed driver; or an operator of the vehicle if the driver is making a journey for the operator.\n- (a) an employer of the driver if the driver is an employed driver; or\n- (b) a prime contractor of the driver if the driver is a self-employed driver; or\n- (c) an operator of the vehicle if the driver is making a journey for the operator.","sortOrder":212},{"sectionNumber":"sch-inc-ch.3-pt.3.3","sectionType":"part","heading":"Modifying heavy vehicles","content":"# Modifying heavy vehicles","sortOrder":213},{"sectionNumber":"sec.84","sectionType":"section","heading":"Definition for Pt 3.3","content":"### sec.84 Definition for Pt 3.3\n\nIn this Part—\nmodification , of a heavy vehicle, means—\nthe addition of a component to, or the removal of a component from, the vehicle; or\na change to the vehicle from the manufacturer’s specification for the vehicle;\nbut does not include a modification to the vehicle that has been approved under the Road Vehicle Standards Act 2018 , item 16(2) of Schedule 3 to the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 of the Commonwealth or the Motor Vehicle Standards Act 1989 before the repeal of that Act.\nsch s 84 sub 2015 No. 12 s 5\namd 2019 No. 29 s 6\n- (a) the addition of a component to, or the removal of a component from, the vehicle; or\n- (b) a change to the vehicle from the manufacturer’s specification for the vehicle;","sortOrder":214},{"sectionNumber":"sec.85","sectionType":"section","heading":"Modifying heavy vehicle requires approval","content":"### sec.85 Modifying heavy vehicle requires approval\n\nA person must not modify a heavy vehicle unless the modification has been approved by—\nan approved vehicle examiner under section 86 ; or\nthe Regulator under section 87 .\nMaximum penalty—$3000.\nA person must not use, or permit to be used, on a road a heavy vehicle that has been modified unless the modification has been approved by—\nan approved vehicle examiner under section 86 ; or\nthe Regulator under section 87 .\nMaximum penalty—$3000.\nThis section does not apply to a modification that complies with a code of practice prescribed by the national regulations for the purposes of this section, section 86 or 87 that expressly states that a modification of that type does not require approval.\nA modification is taken to have been approved by an approved vehicle examiner under section 86 if—\nthe modification has been authorised under an Australian road law of a non-participating jurisdiction; and\na modification plate or label is fitted or affixed to a conspicuous part of the vehicle; and\nthe modification plate or label indicates that the modification complies with a code of practice prescribed by the national regulations for the purposes of section 86 .\nIn this section—\nauthorised includes approved and permitted.\nmodification plate or label means a plate or label that is stamped, engraved or marked so as to display information that relates to a modification.\nnon-participating jurisdiction has the meaning given by section 221 .\nsch s 85 amd 2015 No. 12 s 6 ; 2019 No. 29 s 9\nom 2025 No. 26 s 25 (uncommenced amendment)\n(sec.85-ssec.1) A person must not modify a heavy vehicle unless the modification has been approved by— an approved vehicle examiner under section 86 ; or the Regulator under section 87 . Maximum penalty—$3000.\n(sec.85-ssec.2) A person must not use, or permit to be used, on a road a heavy vehicle that has been modified unless the modification has been approved by— an approved vehicle examiner under section 86 ; or the Regulator under section 87 . Maximum penalty—$3000.\n(sec.85-ssec.3) This section does not apply to a modification that complies with a code of practice prescribed by the national regulations for the purposes of this section, section 86 or 87 that expressly states that a modification of that type does not require approval.\n(sec.85-ssec.4) A modification is taken to have been approved by an approved vehicle examiner under section 86 if— the modification has been authorised under an Australian road law of a non-participating jurisdiction; and a modification plate or label is fitted or affixed to a conspicuous part of the vehicle; and the modification plate or label indicates that the modification complies with a code of practice prescribed by the national regulations for the purposes of section 86 .\n(sec.85-ssec.5) In this section— authorised includes approved and permitted. modification plate or label means a plate or label that is stamped, engraved or marked so as to display information that relates to a modification. non-participating jurisdiction has the meaning given by section 221 .\n- (a) an approved vehicle examiner under section 86 ; or\n- (b) the Regulator under section 87 .\n- (a) an approved vehicle examiner under section 86 ; or\n- (b) the Regulator under section 87 .\n- (a) the modification has been authorised under an Australian road law of a non-participating jurisdiction; and\n- (b) a modification plate or label is fitted or affixed to a conspicuous part of the vehicle; and\n- (c) the modification plate or label indicates that the modification complies with a code of practice prescribed by the national regulations for the purposes of section 86 .","sortOrder":215},{"sectionNumber":"sec.86","sectionType":"section","heading":"Approval of modifications by approved vehicle examiners","content":"### sec.86 Approval of modifications by approved vehicle examiners\n\nAn approved vehicle examiner may, if authorised to do so under the national regulations, approve a modification of a heavy vehicle if, and only if, the modification complies with a code of practice prescribed by the national regulations for the purposes of this section.\nIf an approved vehicle examiner approves a modification of a heavy vehicle, the examiner must—\ngive a certificate approving the modification, in the approved form, to—\nthe registered operator of the vehicle; or\nif there is no registered operator of the vehicle—an owner of the vehicle; and\nensure a plate or label that complies with subsection (3) is fitted or affixed to a conspicuous part of the vehicle.\nMaximum penalty—$3000.\nFor the purposes of subsection (2) (b) , a plate or label complies with this subsection if—\nit is of a type approved by the Regulator; and\nit is stamped, engraved or marked so as to display information that relates to the modification and that is—\napproved by the Regulator; or\nprescribed by the national regulations for the purposes of this section.\nsch s 86 om 2025 No. 26 s 25 (uncommenced amendment)\n(sec.86-ssec.1) An approved vehicle examiner may, if authorised to do so under the national regulations, approve a modification of a heavy vehicle if, and only if, the modification complies with a code of practice prescribed by the national regulations for the purposes of this section.\n(sec.86-ssec.2) If an approved vehicle examiner approves a modification of a heavy vehicle, the examiner must— give a certificate approving the modification, in the approved form, to— the registered operator of the vehicle; or if there is no registered operator of the vehicle—an owner of the vehicle; and ensure a plate or label that complies with subsection (3) is fitted or affixed to a conspicuous part of the vehicle. Maximum penalty—$3000.\n(sec.86-ssec.3) For the purposes of subsection (2) (b) , a plate or label complies with this subsection if— it is of a type approved by the Regulator; and it is stamped, engraved or marked so as to display information that relates to the modification and that is— approved by the Regulator; or prescribed by the national regulations for the purposes of this section.\n- (a) give a certificate approving the modification, in the approved form, to— (i) the registered operator of the vehicle; or (ii) if there is no registered operator of the vehicle—an owner of the vehicle; and\n- (i) the registered operator of the vehicle; or\n- (ii) if there is no registered operator of the vehicle—an owner of the vehicle; and\n- (b) ensure a plate or label that complies with subsection (3) is fitted or affixed to a conspicuous part of the vehicle.\n- (i) the registered operator of the vehicle; or\n- (ii) if there is no registered operator of the vehicle—an owner of the vehicle; and\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 that relates to the modification and that is— (i) approved by the Regulator; or (ii) prescribed by the national regulations for the purposes of this section.\n- (i) approved by the Regulator; or\n- (ii) prescribed by the national regulations for the purposes of this section.\n- (i) approved by the Regulator; or\n- (ii) prescribed by the national regulations for the purposes of this section.","sortOrder":216},{"sectionNumber":"sec.87","sectionType":"section","heading":"Approval of modification by Regulator","content":"### sec.87 Approval of modification by Regulator\n\nThe Regulator may approve a modification of a heavy vehicle if the Regulator is satisfied—\nthe use on a road of the modified vehicle will not pose a significant safety risk; and\nas to either or both of the following (as relevant)—\nthe modified vehicle will comply with applicable noise and emission standards prescribed by national regulations, except as provided by subparagraph (ii) ;\nthe Regulator has exempted the modified vehicle from a noise or emission standard referred to in subparagraph (i) and the Regulator is satisfied that the modified vehicle complies with the requirements of the exemption.\nSubsection (1) applies whether or not the modification complies with a code of practice prescribed by the national regulations prescribed for the purposes of this section.\nIf the Regulator approves a modification of a heavy vehicle, the Regulator must—\ngive a certificate approving the modification, in the approved form, to—\nthe registered operator of the vehicle; or\nif there is no registered operator of the vehicle—an owner of the vehicle; and\nensure a plate or label that complies with subsection (4) is fitted or affixed to a conspicuous part of the vehicle.\nFor the purposes of subsection (3) (b) , a plate or label complies with this subsection if—\nit is of a type approved by the Regulator; and\nit is stamped, engraved or marked so as to display information that relates to the modification and that is—\napproved by the Regulator; or\nprescribed by the national regulations for the purposes of this section.\nsch s 87 om 2025 No. 26 s 25 (uncommenced amendment)\n(sec.87-ssec.1) The Regulator may approve a modification of a heavy vehicle if the Regulator is satisfied— the use on a road of the modified vehicle will not pose a significant safety risk; and as to either or both of the following (as relevant)— the modified vehicle will comply with applicable noise and emission standards prescribed by national regulations, except as provided by subparagraph (ii) ; the Regulator has exempted the modified vehicle from a noise or emission standard referred to in subparagraph (i) and the Regulator is satisfied that the modified vehicle complies with the requirements of the exemption.\n(sec.87-ssec.2) Subsection (1) applies whether or not the modification complies with a code of practice prescribed by the national regulations prescribed for the purposes of this section.\n(sec.87-ssec.3) If the Regulator approves a modification of a heavy vehicle, the Regulator must— give a certificate approving the modification, in the approved form, to— the registered operator of the vehicle; or if there is no registered operator of the vehicle—an owner of the vehicle; and ensure a plate or label that complies with subsection (4) is fitted or affixed to a conspicuous part of the vehicle.\n(sec.87-ssec.4) For the purposes of subsection (3) (b) , a plate or label complies with this subsection if— it is of a type approved by the Regulator; and it is stamped, engraved or marked so as to display information that relates to the modification and that is— approved by the Regulator; or prescribed by the national regulations for the purposes of this section.\n- (a) the use on a road of the modified vehicle will not pose a significant safety risk; and\n- (b) as to either or both of the following (as relevant)— (i) the modified vehicle will comply with applicable noise and emission standards prescribed by national regulations, except as provided by subparagraph (ii) ; (ii) the Regulator has exempted the modified vehicle from a noise or emission standard referred to in subparagraph (i) and the Regulator is satisfied that the modified vehicle complies with the requirements of the exemption.\n- (i) the modified vehicle will comply with applicable noise and emission standards prescribed by national regulations, except as provided by subparagraph (ii) ;\n- (ii) the Regulator has exempted the modified vehicle from a noise or emission standard referred to in subparagraph (i) and the Regulator is satisfied that the modified vehicle complies with the requirements of the exemption.\n- (i) the modified vehicle will comply with applicable noise and emission standards prescribed by national regulations, except as provided by subparagraph (ii) ;\n- (ii) the Regulator has exempted the modified vehicle from a noise or emission standard referred to in subparagraph (i) and the Regulator is satisfied that the modified vehicle complies with the requirements of the exemption.\n- (a) give a certificate approving the modification, in the approved form, to— (i) the registered operator of the vehicle; or (ii) if there is no registered operator of the vehicle—an owner of the vehicle; and\n- (i) the registered operator of the vehicle; or\n- (ii) if there is no registered operator of the vehicle—an owner of the vehicle; and\n- (b) ensure a plate or label that complies with subsection (4) is fitted or affixed to a conspicuous part of the vehicle.\n- (i) the registered operator of the vehicle; or\n- (ii) if there is no registered operator of the vehicle—an owner of the vehicle; and\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 that relates to the modification and that is— (i) approved by the Regulator; or (ii) prescribed by the national regulations for the purposes of this section.\n- (i) approved by the Regulator; or\n- (ii) prescribed by the national regulations for the purposes of this section.\n- (i) approved by the Regulator; or\n- (ii) prescribed by the national regulations for the purposes of this section.","sortOrder":217},{"sectionNumber":"sec.87A","sectionType":"section","heading":"Person must not tamper with plate or label","content":"### sec.87A Person must not tamper with plate or label\n\nA person must not tamper with a plate or label fitted or affixed to a heavy vehicle under section 86 (2) or 87 (3) .\nMaximum penalty—$3000.\nIn a proceeding for an offence against subsection (1) , it is a defence for the person to prove that the tampering was done with the written approval of the Regulator.\nIn this section—\ntamper means alter, damage, remove or otherwise interfere with.\nsch s 87A ins 2015 No. 12 s 7\nom 2025 No. 26 s 25 (uncommenced amendment)\n(sec.87A-ssec.1) A person must not tamper with a plate or label fitted or affixed to a heavy vehicle under section 86 (2) or 87 (3) . Maximum penalty—$3000.\n(sec.87A-ssec.2) In a proceeding for an offence against subsection (1) , it is a defence for the person to prove that the tampering was done with the written approval of the Regulator.\n(sec.87A-ssec.3) In this section— tamper means alter, damage, remove or otherwise interfere with.","sortOrder":218},{"sectionNumber":"sec.88","sectionType":"section","heading":"National regulations for heavy vehicle modification","content":"### sec.88 National regulations for heavy vehicle modification\n\nThe national regulations may provide for any matter relating to the modification of heavy vehicles.\nsch s 88 amd 2025 No. 26 s 26 (uncommenced amendment)","sortOrder":219},{"sectionNumber":"sch-inc-ch.3-pt.3.4","sectionType":"part","heading":"Other offences","content":"# Other offences","sortOrder":220},{"sectionNumber":"sec.89","sectionType":"section","heading":"Safety requirement","content":"### sec.89 Safety requirement\n\nA person must not use, or permit to be used, on a road a heavy vehicle that is unsafe.\nMaximum penalty—$6000.\nFor the purposes of subsection (1) , a heavy vehicle is unsafe only if the condition of the vehicle, or any of its components or equipment—\nmakes the use of the vehicle unsafe; or\nendangers public safety.\nSubsection (1) does not apply to a heavy vehicle for which a vehicle defect notice is in force and that is being moved in accordance with the terms of the notice.\n(sec.89-ssec.1) A person must not use, or permit to be used, on a road a heavy vehicle that is unsafe. Maximum penalty—$6000.\n(sec.89-ssec.2) For the purposes of subsection (1) , a heavy vehicle is unsafe only if the condition of the vehicle, or any of its components or equipment— makes the use of the vehicle unsafe; or endangers public safety.\n(sec.89-ssec.3) Subsection (1) does not apply to a heavy vehicle for which a vehicle defect notice is in force and that is being moved in accordance with the terms of the notice.\n- (a) makes the use of the vehicle unsafe; or\n- (b) endangers public safety.","sortOrder":221},{"sectionNumber":"sec.90","sectionType":"section","heading":"Requirement about properly operating emission control system","content":"### sec.90 Requirement about properly operating emission control system\n\nA person must not use, or permit to be used, on a road a heavy vehicle that is not fitted with an emission control system for each relevant emission if and as required by an applicable heavy vehicle standard.\nMaximum penalty—$3000.\nA person must not use, or permit to be used, on a road a heavy vehicle fitted with an emission control system that is not operating in accordance with the manufacturer’s design.\nMaximum penalty—$3000.\nA person must not use, or permit to be used, on a road a heavy vehicle fitted with an emission control system if the operation of the system results in a failure to comply with an applicable heavy vehicle standard (whether in relation to the vehicle or in relation to the system).\nMaximum penalty—$3000.\nSubsections (2) and (3) do not apply to a heavy vehicle that—\nis on a journey to a place for the repair of the emission control system or any of the vehicle’s components or equipment that affect the operation of the emission control system; and\nis travelling on the most direct or convenient route to that place from the place where the journey began.\nThe national regulations may prescribe testing standards for relevant emissions from heavy vehicles.\nIn this section—\nemission control system means a device or system fitted to a heavy vehicle that reduces the emission of a relevant emission from the vehicle.\n(sec.90-ssec.1) A person must not use, or permit to be used, on a road a heavy vehicle that is not fitted with an emission control system for each relevant emission if and as required by an applicable heavy vehicle standard. Maximum penalty—$3000.\n(sec.90-ssec.2) A person must not use, or permit to be used, on a road a heavy vehicle fitted with an emission control system that is not operating in accordance with the manufacturer’s design. Maximum penalty—$3000.\n(sec.90-ssec.3) A person must not use, or permit to be used, on a road a heavy vehicle fitted with an emission control system if the operation of the system results in a failure to comply with an applicable heavy vehicle standard (whether in relation to the vehicle or in relation to the system). Maximum penalty—$3000.\n(sec.90-ssec.4) Subsections (2) and (3) do not apply to a heavy vehicle that— is on a journey to a place for the repair of the emission control system or any of the vehicle’s components or equipment that affect the operation of the emission control system; and is travelling on the most direct or convenient route to that place from the place where the journey began.\n(sec.90-ssec.5) The national regulations may prescribe testing standards for relevant emissions from heavy vehicles.\n(sec.90-ssec.6) In this section— emission control system means a device or system fitted to a heavy vehicle that reduces the emission of a relevant emission from the vehicle.\n- (a) is on a journey to a place for the repair of the emission control system or any of the vehicle’s components or equipment that affect the operation of the emission control system; and\n- (b) is travelling on the most direct or convenient route to that place from the place where the journey began.","sortOrder":222},{"sectionNumber":"sec.91","sectionType":"section","heading":"Person must not tamper with emission control system fitted to heavy vehicle","content":"### sec.91 Person must not tamper with emission control system fitted to heavy vehicle\n\nA person must not tamper with an emission control system fitted to a heavy vehicle.\nMaximum penalty—$10000.\nAn operator of a heavy vehicle must not use or permit the vehicle to be used on a road if the vehicle is fitted with an emission control system that the operator knows or ought reasonably to know has been tampered with in contravention of subsection (1) .\nMaximum penalty—$10000.\nSubsection (1) does not apply to—\nconduct associated with repairing a malfunctioning emission control system or maintaining an emission control system; or\nan authorised officer when exercising functions under this Law.\nSubsection (2) does not apply to a heavy vehicle that—\nis on a journey to a place for the repair of the emission control system or any of the vehicle’s components or equipment that affect the operation of the emission control system; and\nis travelling on the most direct or convenient route to that place from the place where the journey began.\nIn this section—\nemission control system means a device or system fitted to a heavy vehicle that reduces the emission of a relevant emission from the vehicle.\ntamper , with an emission control system fitted to a heavy vehicle, means alter, damage, remove, override or otherwise interfere with—\nthe system in a way that renders the system totally ineffective or less effective than as provided by an applicable heavy vehicle standard or (in the absence of an applicable heavy vehicle standard) as designed; or\nthe vehicle or any component of the vehicle in a way that renders the system totally ineffective or less effective than as provided by an applicable heavy vehicle standard or (in the absence of an applicable heavy vehicle standard) as designed.\nsch s 91 amd 2016 No. 65 s 15\n(sec.91-ssec.1) A person must not tamper with an emission control system fitted to a heavy vehicle. Maximum penalty—$10000.\n(sec.91-ssec.2) An operator of a heavy vehicle must not use or permit the vehicle to be used on a road if the vehicle is fitted with an emission control system that the operator knows or ought reasonably to know has been tampered with in contravention of subsection (1) . Maximum penalty—$10000.\n(sec.91-ssec.3) Subsection (1) does not apply to— conduct associated with repairing a malfunctioning emission control system or maintaining an emission control system; or an authorised officer when exercising functions under this Law.\n(sec.91-ssec.4) Subsection (2) does not apply to a heavy vehicle that— is on a journey to a place for the repair of the emission control system or any of the vehicle’s components or equipment that affect the operation of the emission control system; and is travelling on the most direct or convenient route to that place from the place where the journey began.\n(sec.91-ssec.7) In this section— emission control system means a device or system fitted to a heavy vehicle that reduces the emission of a relevant emission from the vehicle. tamper , with an emission control system fitted to a heavy vehicle, means alter, damage, remove, override or otherwise interfere with— the system in a way that renders the system totally ineffective or less effective than as provided by an applicable heavy vehicle standard or (in the absence of an applicable heavy vehicle standard) as designed; or the vehicle or any component of the vehicle in a way that renders the system totally ineffective or less effective than as provided by an applicable heavy vehicle standard or (in the absence of an applicable heavy vehicle standard) as designed.\n- (a) conduct associated with repairing a malfunctioning emission control system or maintaining an emission control system; or\n- (b) an authorised officer when exercising functions under this Law.\n- (a) is on a journey to a place for the repair of the emission control system or any of the vehicle’s components or equipment that affect the operation of the emission control system; and\n- (b) is travelling on the most direct or convenient route to that place from the place where the journey began.\n- (a) the system in a way that renders the system totally ineffective or less effective than as provided by an applicable heavy vehicle standard or (in the absence of an applicable heavy vehicle standard) as designed; or\n- (b) the vehicle or any component of the vehicle in a way that renders the system totally ineffective or less effective than as provided by an applicable heavy vehicle standard or (in the absence of an applicable heavy vehicle standard) as designed.","sortOrder":223},{"sectionNumber":"sec.92","sectionType":"section","heading":"Display of warning signs required by heavy vehicle standards on vehicles to which the requirement does not apply","content":"### sec.92 Display of warning signs required by heavy vehicle standards on vehicles to which the requirement does not apply\n\nThis section applies if, under the heavy vehicle standards, a warning sign is required to be displayed on a heavy vehicle of a particular type, size or configuration.\nA person must not use, or permit to be used, on a road a heavy vehicle that has the warning sign displayed on it unless the vehicle is of the particular type, size or configuration.\nMaximum penalty—$3000.\nIn this section—\nwarning sign means a sign indicating that the vehicle to which it is attached is of a particular type, size or configuration.\nA sign (consisting of 1 or more parts) showing the words ‘LONG VEHICLE’ or ‘ROAD TRAIN’.\nsch s 92 sub 2025 No. 26 s 27 (uncommenced amendment)\n(sec.92-ssec.1) This section applies if, under the heavy vehicle standards, a warning sign is required to be displayed on a heavy vehicle of a particular type, size or configuration.\n(sec.92-ssec.2) A person must not use, or permit to be used, on a road a heavy vehicle that has the warning sign displayed on it unless the vehicle is of the particular type, size or configuration. Maximum penalty—$3000.\n(sec.92-ssec.3) In this section— warning sign means a sign indicating that the vehicle to which it is attached is of a particular type, size or configuration. A sign (consisting of 1 or more parts) showing the words ‘LONG VEHICLE’ or ‘ROAD TRAIN’.","sortOrder":224},{"sectionNumber":"sec.93","sectionType":"section","heading":"Person must not tamper with speed limiter fitted to heavy vehicle","content":"### sec.93 Person must not tamper with speed limiter fitted to heavy vehicle\n\nA person must not tamper with a speed limiter that is required under an Australian road law or by order of an Australian court to be, and is, fitted to a heavy vehicle.\nMaximum penalty—$10000.\nA person must not fit, or direct the fitting of, a speed limiter to a heavy vehicle in circumstances where the person knows or ought reasonably to know that the speed limiter has been tampered with in such a way that, had it been fitted to the vehicle at the time of the tampering, an offence would have been committed against subsection (1) .\nMaximum penalty—$10000.\nAn operator of a heavy vehicle must not use or permit the vehicle to be used on a road if the operator knows, or ought reasonably to know, that a speed limiter fitted to the vehicle, as required under an Australian road law or by order of an Australian court, has been tampered with in contravention of subsection (1) or fitted to the vehicle in contravention of subsection (2) .\nMaximum penalty—$10000.\nSubsections (1) and (2) do not apply to—\nconduct associated with repairing a malfunctioning speed limiter or maintaining a speed limiter; or\nan authorised officer when exercising functions under this Law.\nSubsection (3) does not apply to a heavy vehicle that—\nis on a journey to a place for the repair of the speed limiter or any of the vehicle’s components or equipment that affect the operation of the speed limiter; and\nis travelling on the most direct or convenient route to that place from the place where the journey began.\nSubsection (3) applies whether or not a person has been proceeded against or found guilty of an offence against subsection (1) or (2) in relation to the tampering.\nIn this section—\nspeed limiter means a device or system that is used to limit the maximum road speed of a heavy vehicle to which it is fitted and that complies with any applicable heavy vehicle standard.\ntamper , with a speed limiter fitted to a heavy vehicle, means alter, damage, remove, override or otherwise interfere with the speed limiter in a way that—\nenables the vehicle to be driven at a speed higher than the speed permitted by an applicable heavy vehicle standard; or\nalters, or may alter, any information recorded by the speed limiter; or\nresults, or may result, in the speed limiter recording inaccurate information.\nsch s 93 amd 2016 No. 65 s 16\n(sec.93-ssec.1) A person must not tamper with a speed limiter that is required under an Australian road law or by order of an Australian court to be, and is, fitted to a heavy vehicle. Maximum penalty—$10000.\n(sec.93-ssec.2) A person must not fit, or direct the fitting of, a speed limiter to a heavy vehicle in circumstances where the person knows or ought reasonably to know that the speed limiter has been tampered with in such a way that, had it been fitted to the vehicle at the time of the tampering, an offence would have been committed against subsection (1) . Maximum penalty—$10000.\n(sec.93-ssec.3) An operator of a heavy vehicle must not use or permit the vehicle to be used on a road if the operator knows, or ought reasonably to know, that a speed limiter fitted to the vehicle, as required under an Australian road law or by order of an Australian court, has been tampered with in contravention of subsection (1) or fitted to the vehicle in contravention of subsection (2) . Maximum penalty—$10000.\n(sec.93-ssec.4) Subsections (1) and (2) do not apply to— conduct associated with repairing a malfunctioning speed limiter or maintaining a speed limiter; or an authorised officer when exercising functions under this Law.\n(sec.93-ssec.5) Subsection (3) does not apply to a heavy vehicle that— is on a journey to a place for the repair of the speed limiter or any of the vehicle’s components or equipment that affect the operation of the speed limiter; and is travelling on the most direct or convenient route to that place from the place where the journey began.\n(sec.93-ssec.6) Subsection (3) applies whether or not a person has been proceeded against or found guilty of an offence against subsection (1) or (2) in relation to the tampering.\n(sec.93-ssec.9) In this section— speed limiter means a device or system that is used to limit the maximum road speed of a heavy vehicle to which it is fitted and that complies with any applicable heavy vehicle standard. tamper , with a speed limiter fitted to a heavy vehicle, means alter, damage, remove, override or otherwise interfere with the speed limiter in a way that— enables the vehicle to be driven at a speed higher than the speed permitted by an applicable heavy vehicle standard; or alters, or may alter, any information recorded by the speed limiter; or results, or may result, in the speed limiter recording inaccurate information.\n- (a) conduct associated with repairing a malfunctioning speed limiter or maintaining a speed limiter; or\n- (b) an authorised officer when exercising functions under this Law.\n- (a) is on a journey to a place for the repair of the speed limiter or any of the vehicle’s components or equipment that affect the operation of the speed limiter; and\n- (b) is travelling on the most direct or convenient route to that place from the place where the journey began.\n- (a) enables the vehicle to be driven at a speed higher than the speed permitted by an applicable heavy vehicle standard; or\n- (b) alters, or may alter, any information recorded by the speed limiter; or\n- (c) results, or may result, in the speed limiter recording inaccurate information.","sortOrder":225},{"sectionNumber":"sch-inc-ch.4-pt.4.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":226},{"sectionNumber":"sec.94","sectionType":"section","heading":"Main purposes of Ch 4","content":"### sec.94 Main purposes of Ch 4\n\nThe main purposes of this Chapter are—\nto improve public safety by decreasing risks to public safety caused by excessively loaded or excessively large heavy vehicles; and\nto minimise any adverse impact of excessively loaded or excessively large heavy vehicles on road infrastructure or public amenity.\nThe purposes are achieved by—\nimposing mass requirements for heavy vehicles, particular components of heavy vehicles, and loads on heavy vehicles; and\nimposing dimension requirements on heavy vehicles including on the vehicles (together with equipment), components or loads; and\nimposing requirements about securing loads on heavy vehicles; and\nrestricting access to roads by heavy vehicles of a particular mass, size or configuration even if the vehicles comply with the mass requirements, dimension requirements and other requirements mentioned in paragraphs (a) to (c).\nHowever, this Chapter recognises that the use of particular heavy vehicles that do not comply with the mass requirements, dimension requirements and other requirements mentioned in subsection (2) (a) to (c) may be permitted on roads in particular circumstances and subject to particular conditions—\nto allow for—\nthe efficient road transport of goods or passengers by heavy vehicles; or\nthe efficient use of large heavy vehicles that are transporting neither goods nor passengers and need to use roads for special uses; and\nwithout compromising the achievement of the purposes.\nsch s 94 amd 2015 No. 12 s 8\n(sec.94-ssec.1) The main purposes of this Chapter are— to improve public safety by decreasing risks to public safety caused by excessively loaded or excessively large heavy vehicles; and to minimise any adverse impact of excessively loaded or excessively large heavy vehicles on road infrastructure or public amenity.\n(sec.94-ssec.2) The purposes are achieved by— imposing mass requirements for heavy vehicles, particular components of heavy vehicles, and loads on heavy vehicles; and imposing dimension requirements on heavy vehicles including on the vehicles (together with equipment), components or loads; and imposing requirements about securing loads on heavy vehicles; and restricting access to roads by heavy vehicles of a particular mass, size or configuration even if the vehicles comply with the mass requirements, dimension requirements and other requirements mentioned in paragraphs (a) to (c).\n(sec.94-ssec.3) However, this Chapter recognises that the use of particular heavy vehicles that do not comply with the mass requirements, dimension requirements and other requirements mentioned in subsection (2) (a) to (c) may be permitted on roads in particular circumstances and subject to particular conditions— to allow for— the efficient road transport of goods or passengers by heavy vehicles; or the efficient use of large heavy vehicles that are transporting neither goods nor passengers and need to use roads for special uses; and without compromising the achievement of the purposes.\n- (a) to improve public safety by decreasing risks to public safety caused by excessively loaded or excessively large heavy vehicles; and\n- (b) to minimise any adverse impact of excessively loaded or excessively large heavy vehicles on road infrastructure or public amenity.\n- (a) imposing mass requirements for heavy vehicles, particular components of heavy vehicles, and loads on heavy vehicles; and\n- (b) imposing dimension requirements on heavy vehicles including on the vehicles (together with equipment), components or loads; and\n- (c) imposing requirements about securing loads on heavy vehicles; and\n- (d) restricting access to roads by heavy vehicles of a particular mass, size or configuration even if the vehicles comply with the mass requirements, dimension requirements and other requirements mentioned in paragraphs (a) to (c).\n- (a) to allow for— (i) the efficient road transport of goods or passengers by heavy vehicles; or (ii) the efficient use of large heavy vehicles that are transporting neither goods nor passengers and need to use roads for special uses; and\n- (i) the efficient road transport of goods or passengers by heavy vehicles; or\n- (ii) the efficient use of large heavy vehicles that are transporting neither goods nor passengers and need to use roads for special uses; and\n- (b) without compromising the achievement of the purposes.\n- (i) the efficient road transport of goods or passengers by heavy vehicles; or\n- (ii) the efficient use of large heavy vehicles that are transporting neither goods nor passengers and need to use roads for special uses; and","sortOrder":227},{"sectionNumber":"sch-inc-ch.4-pt.4.2","sectionType":"part","heading":"Mass requirements","content":"# Mass requirements","sortOrder":228},{"sectionNumber":"sch-inc-ch.4-pt.4.2-div.1","sectionType":"division","heading":"Requirements","content":"## Requirements","sortOrder":229},{"sectionNumber":"sec.95","sectionType":"section","heading":"Prescribed mass requirements","content":"### sec.95 Prescribed mass requirements\n\nThe national regulations may prescribe requirements (the prescribed mass requirements ) about the following—\nthe mass of heavy vehicles;\nthe mass of components of heavy vehicles.\nWithout limiting subsection (1) , the prescribed mass requirements may include the following—\nrequirements about mass limits relating to—\nthe tare mass of heavy vehicles; or\nthe mass of heavy vehicles together with their loads; or\nthe mass on tyres, axles or axle groups of heavy vehicles;\nrequirements about mass limits relating to axle spacing;\ngeneral mass limits applying to heavy vehicles or components of heavy vehicles.\nAlso, without limiting subsection (1) or (2) , the prescribed mass requirements may—\ninclude mass limits that are to apply only to particular areas or routes; and\nauthorise or require the Regulator to decide the areas or routes to which the mass limits are to apply.\nThe national regulations may prescribe requirements (that are not prescribed mass requirements) about the use on roads of heavy vehicles under particular mass limits, including, for example—\na requirement that drivers of heavy vehicles using the vehicles under mass limits applying only to particular areas or routes decided by the Regulator must comply with conditions on the use of heavy vehicles on roads under the mass limits imposed by the Regulator (including conditions required by road managers for the roads); and\na requirement that drivers of heavy vehicles who are driving the vehicles under particular mass limits must carry particular documents; and\na requirement that a particular document or other thing must be displayed on heavy vehicles used under particular mass limits.\nIn this section—\ntare mass , of a heavy vehicle, means the mass of the vehicle that—\nis ready for service; and\nis fitted with all standard equipment, together with any options that are fitted; and\nis unoccupied and unladen; and\nhas all fluid reservoirs (other than for fuel) filled to nominal capacity; and\nhas 10 litres of fuel in the fuel reservoir or reservoirs (but excluding any loaded fuel in excess of 10 litres).\nsch s 95 amd 2018 No. 18 s 10\n(sec.95-ssec.1) The national regulations may prescribe requirements (the prescribed mass requirements ) about the following— the mass of heavy vehicles; the mass of components of heavy vehicles.\n(sec.95-ssec.2) Without limiting subsection (1) , the prescribed mass requirements may include the following— requirements about mass limits relating to— the tare mass of heavy vehicles; or the mass of heavy vehicles together with their loads; or the mass on tyres, axles or axle groups of heavy vehicles; requirements about mass limits relating to axle spacing; general mass limits applying to heavy vehicles or components of heavy vehicles.\n(sec.95-ssec.3) Also, without limiting subsection (1) or (2) , the prescribed mass requirements may— include mass limits that are to apply only to particular areas or routes; and authorise or require the Regulator to decide the areas or routes to which the mass limits are to apply.\n(sec.95-ssec.4) The national regulations may prescribe requirements (that are not prescribed mass requirements) about the use on roads of heavy vehicles under particular mass limits, including, for example— a requirement that drivers of heavy vehicles using the vehicles under mass limits applying only to particular areas or routes decided by the Regulator must comply with conditions on the use of heavy vehicles on roads under the mass limits imposed by the Regulator (including conditions required by road managers for the roads); and a requirement that drivers of heavy vehicles who are driving the vehicles under particular mass limits must carry particular documents; and a requirement that a particular document or other thing must be displayed on heavy vehicles used under particular mass limits.\n(sec.95-ssec.5) In this section— tare mass , of a heavy vehicle, means the mass of the vehicle that— is ready for service; and is fitted with all standard equipment, together with any options that are fitted; and is unoccupied and unladen; and has all fluid reservoirs (other than for fuel) filled to nominal capacity; and has 10 litres of fuel in the fuel reservoir or reservoirs (but excluding any loaded fuel in excess of 10 litres).\n- (a) the mass of heavy vehicles;\n- (b) the mass of components of heavy vehicles.\n- (a) requirements about mass limits relating to— (i) the tare mass of heavy vehicles; or (ii) the mass of heavy vehicles together with their loads; or (iii) the mass on tyres, axles or axle groups of heavy vehicles;\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 of heavy vehicles.\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- (a) include mass limits that are to apply only to particular areas or routes; and\n- (b) authorise or require the Regulator to decide the areas or routes to which the mass limits are to apply.\n- (a) a requirement that drivers of heavy vehicles using the vehicles under mass limits applying only to particular areas or routes decided by the Regulator must comply with conditions on the use of heavy vehicles on roads under the mass limits imposed by the Regulator (including conditions required by road managers for the roads); and\n- (b) a requirement that drivers of heavy vehicles who are driving the vehicles under particular mass limits must carry particular documents; and\n- (c) a requirement that a particular document or other thing must be displayed on heavy vehicles used under particular mass limits.\n- (a) is ready for service; and\n- (b) is fitted with all standard equipment, together with any options that are fitted; and\n- (c) is unoccupied and unladen; and\n- (d) has all fluid reservoirs (other than for fuel) filled to nominal capacity; and\n- (e) has 10 litres of fuel in the fuel reservoir or reservoirs (but excluding any loaded fuel in excess of 10 litres).","sortOrder":230},{"sectionNumber":"sec.96","sectionType":"section","heading":"Compliance with mass requirements","content":"### sec.96 Compliance with mass requirements\n\nA person who drives, or permits another person to drive, a heavy vehicle on a road must ensure the vehicle, and the vehicle’s components and load, comply with the mass requirements applying to the vehicle, unless the person has a reasonable excuse.\nMaximum penalty—\nfor a minor risk breach—$4000; or\nfor a substantial risk breach—$6000; or\nfor a severe risk breach—$10000, plus an additional maximum $500 for every additional 1% over a 120% overload (but so that the additional maximum penalty does not exceed $20000).\nIf a PBS vehicle is authorised by its PBS vehicle approval to have a mass limit that exceeds a limit that would otherwise apply to the vehicle under a prescribed mass requirement, the authorised limit is taken to be the applicable limit, and the vehicle is regarded for the purposes of this Law as complying with the prescribed mass requirement.\nThis section does not apply to a specified PBS vehicle as defined in section 136 (2) .\nIf a specified PBS vehicle does not comply with the mass requirements applying to the vehicle, it would be a class 2 heavy vehicle and could be dealt with under section 137 .\nsch s 96 amd 2016 No. 65 s 17 ; 2018 No. 18 s 11\namd 2025 No. 26 s 28 (uncommenced amendment)\n(sec.96-ssec.1) A person who drives, or permits another person to drive, a heavy vehicle on a road must ensure the vehicle, and the vehicle’s components and load, comply with the mass requirements applying to the vehicle, unless the person has a reasonable excuse. Maximum penalty— for a minor risk breach—$4000; or for a substantial risk breach—$6000; or for a severe risk breach—$10000, plus an additional maximum $500 for every additional 1% over a 120% overload (but so that the additional maximum penalty does not exceed $20000).\n(sec.96-ssec.4) If a PBS vehicle is authorised by its PBS vehicle approval to have a mass limit that exceeds a limit that would otherwise apply to the vehicle under a prescribed mass requirement, the authorised limit is taken to be the applicable limit, and the vehicle is regarded for the purposes of this Law as complying with the prescribed mass requirement.\n(sec.96-ssec.5) This section does not apply to a specified PBS vehicle as defined in section 136 (2) . If a specified PBS vehicle does not comply with the mass requirements applying to the vehicle, it would be a class 2 heavy vehicle and could be dealt with under section 137 .\n- (a) for a minor risk breach—$4000; or\n- (b) for a substantial risk breach—$6000; or\n- (c) for a severe risk breach—$10000, plus an additional maximum $500 for every additional 1% over a 120% overload (but so that the additional maximum penalty does not exceed $20000).","sortOrder":231},{"sectionNumber":"sch-inc-ch.4-pt.4.2-div.2","sectionType":"division","heading":"Categories of breaches of mass requirements","content":"## Categories of breaches of mass requirements","sortOrder":232},{"sectionNumber":"sec.97","sectionType":"section","heading":"Definitions for Div 2","content":"### sec.97 Definitions for Div 2\n\nIn this Division—\nsevere risk breach lower limit , for a particular mass requirement applying to a heavy vehicle, means a mass equalling 120% of the maximum mass (rounded up to the nearest 0.1t) permitted for the vehicle under that mass requirement.\nsubstantial risk breach lower limit , for a particular mass requirement applying to a heavy vehicle, means the higher of the following—\na mass equalling 105% of the maximum mass (rounded up to the nearest 0.1t) permitted for the vehicle under that mass requirement;\n0.5t.\n- (a) a mass equalling 105% of the maximum mass (rounded up to the nearest 0.1t) permitted for the vehicle under that mass requirement;\n- (b) 0.5t.","sortOrder":233},{"sectionNumber":"sec.98","sectionType":"section","heading":"Minor risk breach","content":"### sec.98 Minor risk breach\n\nA contravention of a mass requirement applying to a heavy vehicle is a minor risk breach if the subject matter of the contravention is less than the substantial risk breach lower limit for the requirement.","sortOrder":234},{"sectionNumber":"sec.99","sectionType":"section","heading":"Substantial risk breach","content":"### sec.99 Substantial risk breach\n\nA contravention of a mass requirement applying to a heavy vehicle is a substantial risk breach if the subject matter of the contravention is—\nequal to or greater than the substantial risk breach lower limit for the requirement; and\nless than the severe risk breach lower limit for the requirement.\n- (a) equal to or greater than the substantial risk breach lower limit for the requirement; and\n- (b) less than the severe risk breach lower limit for the requirement.","sortOrder":235},{"sectionNumber":"sec.100","sectionType":"section","heading":"Severe risk breach","content":"### sec.100 Severe risk breach\n\nA contravention of a mass requirement applying to a heavy vehicle is a severe risk breach if the subject matter of the contravention is equal to or greater than the severe risk breach lower limit for the requirement.","sortOrder":236},{"sectionNumber":"sch-inc-ch.4-pt.4.3","sectionType":"part","heading":"Dimension requirements","content":"# Dimension requirements","sortOrder":237},{"sectionNumber":"sch-inc-ch.4-pt.4.3-div.1","sectionType":"division","heading":"Requirements","content":"## Requirements","sortOrder":238},{"sectionNumber":"sec.101","sectionType":"section","heading":"Prescribed dimension requirements","content":"### sec.101 Prescribed dimension requirements\n\nThe national regulations may prescribe requirements (the prescribed dimension requirements ) about the following—\nthe dimensions of a heavy vehicle (together with its equipment);\nthe dimensions of a component of a heavy vehicle;\nthe dimensions of a heavy vehicle’s load.\nWithout limiting subsection (1) , the prescribed dimension requirements may include requirements about the following—\nthe dimensions of a heavy vehicle (together with its equipment) disregarding its load;\nthe dimensions of a heavy vehicle together with its equipment and load;\nthe dimensions by which a heavy vehicle’s load projects from the vehicle;\nthe internal measurements of a heavy vehicle, including, for example—\nthe distance between components of the vehicle; and\nfor a combination, the distance between—\nthe component vehicles of the combination; or\na component vehicle of the combination and a component of another component vehicle of the combination.\nThe national regulations may also prescribe requirements (that are not prescribed dimension requirements) about the use of a vehicle to which a dimension requirement applies, including, for example, requirements about the use of signs and warning devices.\n(sec.101-ssec.1) The national regulations may prescribe requirements (the prescribed dimension requirements ) about the following— the dimensions of a heavy vehicle (together with its equipment); the dimensions of a component of a heavy vehicle; the dimensions of a heavy vehicle’s load.\n(sec.101-ssec.2) Without limiting subsection (1) , the prescribed dimension requirements may include requirements about the following— the dimensions of a heavy vehicle (together with its equipment) disregarding its load; the dimensions of a heavy vehicle together with its equipment and load; the dimensions by which a heavy vehicle’s load projects from the vehicle; the internal measurements of a heavy vehicle, including, for example— the distance between components of the vehicle; and for a combination, the distance between— the component vehicles of the combination; or a component vehicle of the combination and a component of another component vehicle of the combination.\n(sec.101-ssec.3) The national regulations may also prescribe requirements (that are not prescribed dimension requirements) about the use of a vehicle to which a dimension requirement applies, including, for example, requirements about the use of signs and warning devices.\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- (a) the dimensions of a heavy vehicle (together with its equipment) disregarding its load;\n- (b) the dimensions of a heavy vehicle together with its equipment and load;\n- (c) the dimensions by which a heavy vehicle’s load projects from the vehicle;\n- (d) the internal measurements of a heavy vehicle, including, for example— (i) the distance between components of the vehicle; and (ii) for a combination, the distance between— (A) the component vehicles of the combination; or (B) a component vehicle of the combination and a component of another component vehicle of the combination.\n- (i) the distance between components of the vehicle; and\n- (ii) for a combination, the distance between— (A) the component vehicles of the combination; or (B) a component vehicle of the combination and a component of another component vehicle of the combination.\n- (A) the component vehicles of the combination; or\n- (B) a component vehicle of the combination and a component of another component vehicle of the combination.\n- (i) the distance between components of the vehicle; and\n- (ii) for a combination, the distance between— (A) the component vehicles of the combination; or (B) a component vehicle of the combination and a component of another component vehicle of the combination.\n- (A) the component vehicles of the combination; or\n- (B) a component vehicle of the combination and a component of another component vehicle of the combination.\n- (A) the component vehicles of the combination; or\n- (B) a component vehicle of the combination and a component of another component vehicle of the combination.","sortOrder":239},{"sectionNumber":"sec.102","sectionType":"section","heading":"Compliance with dimension requirements","content":"### sec.102 Compliance with dimension requirements\n\nA person who drives, or permits another person to drive, a heavy vehicle on a road must ensure the vehicle, and the vehicle’s components and load, comply with the dimension requirements applying to the vehicle, unless the person has a reasonable excuse.\nMaximum penalty—\nif the heavy vehicle does not have goods or passengers in it—$3000; or\nif the heavy vehicle has goods or passengers in it—\nfor a minor risk breach—$3000; or\nfor a substantial risk breach—$5000; or\nfor a severe risk breach—$10000.\nIf a PBS vehicle is authorised by its PBS vehicle approval to have a dimension that exceeds a dimension limit that would otherwise apply to the vehicle under a prescribed dimension requirement, the authorised dimension is taken to be the applicable dimension, and the vehicle is regarded for the purposes of this Law as complying with the prescribed dimension requirement.\nsch s 102 amd 2016 No. 65 s 18\namd 2025 No. 26 s 29 (uncommenced amendment)\n(sec.102-ssec.1) A person who drives, or permits another person to drive, a heavy vehicle on a road must ensure the vehicle, and the vehicle’s components and load, comply with the dimension requirements applying to the vehicle, unless the person has a reasonable excuse. Maximum penalty— if the heavy vehicle does not have goods or passengers in it—$3000; or if the heavy vehicle has goods or passengers in it— for a minor risk breach—$3000; or for a substantial risk breach—$5000; or for a severe risk breach—$10000.\n(sec.102-ssec.4) If a PBS vehicle is authorised by its PBS vehicle approval to have a dimension that exceeds a dimension limit that would otherwise apply to the vehicle under a prescribed dimension requirement, the authorised dimension is taken to be the applicable dimension, and the vehicle is regarded for the purposes of this Law as complying with the prescribed dimension requirement.\n- (a) if the heavy vehicle does not have goods or passengers in it—$3000; or\n- (b) if the heavy vehicle has goods or passengers in it— (i) for a minor risk breach—$3000; or (ii) for a substantial risk breach—$5000; or (iii) for a severe risk breach—$10000.\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- (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.","sortOrder":240},{"sectionNumber":"sch-inc-ch.4-pt.4.3-div.2","sectionType":"division","heading":"Categories of breaches of dimension requirements","content":"## Categories of breaches of dimension requirements","sortOrder":241},{"sectionNumber":"sec.103","sectionType":"section","heading":"Application of Div 2","content":"### sec.103 Application of Div 2\n\nThis Division applies to a heavy vehicle only while it is carrying goods or passengers.","sortOrder":242},{"sectionNumber":"sec.104","sectionType":"section","heading":"Definitions for Div 2","content":"### sec.104 Definitions for Div 2\n\nIn this Division—\nsevere risk breach lower limit means—\nfor a particular dimension requirement applying to a heavy vehicle relating to its length—the length equalling the maximum length permitted for the vehicle under the dimension requirement plus 600mm; or\nfor a particular dimension requirement applying to a heavy vehicle relating to its width—the width equalling the maximum width permitted for the vehicle under the dimension requirement plus 80mm; or\nfor a particular dimension requirement applying to a heavy vehicle relating to its height—the height equalling the maximum height permitted for the vehicle under the dimension requirement plus 300mm; or\nfor a particular dimension requirement applying to a heavy vehicle relating to its load projection—the projection of the vehicle’s load equalling the maximum load projection permitted from any side of the vehicle under the dimension requirement plus 80mm.\nsubstantial risk breach lower limit means—\nfor a particular dimension requirement applying to a heavy vehicle relating to its length—the length equalling the maximum length permitted for the vehicle under the dimension requirement plus 350mm; or\nfor a particular dimension requirement applying to a heavy vehicle relating to its width—the width equalling the maximum width permitted for the vehicle under the dimension requirement plus 40mm; or\nfor a particular dimension requirement applying to a heavy vehicle relating to its height—the height equalling the maximum height permitted for the vehicle under the dimension requirement plus 150mm; or\nfor a particular dimension requirement applying to a heavy vehicle relating to its load projection—the projection of the vehicle’s load equalling the maximum load projection permitted from any side of the vehicle under the dimension requirement plus 40mm.\n- (a) for a particular dimension requirement applying to a heavy vehicle relating to its length—the length equalling the maximum length permitted for the vehicle under the dimension requirement plus 600mm; or\n- (b) for a particular dimension requirement applying to a heavy vehicle relating to its width—the width equalling the maximum width permitted for the vehicle under the dimension requirement plus 80mm; or\n- (c) for a particular dimension requirement applying to a heavy vehicle relating to its height—the height equalling the maximum height permitted for the vehicle under the dimension requirement plus 300mm; or\n- (d) for a particular dimension requirement applying to a heavy vehicle relating to its load projection—the projection of the vehicle’s load equalling the maximum load projection permitted from any side of the vehicle under the dimension requirement plus 80mm.\n- (a) for a particular dimension requirement applying to a heavy vehicle relating to its length—the length equalling the maximum length permitted for the vehicle under the dimension requirement plus 350mm; or\n- (b) for a particular dimension requirement applying to a heavy vehicle relating to its width—the width equalling the maximum width permitted for the vehicle under the dimension requirement plus 40mm; or\n- (c) for a particular dimension requirement applying to a heavy vehicle relating to its height—the height equalling the maximum height permitted for the vehicle under the dimension requirement plus 150mm; or\n- (d) for a particular dimension requirement applying to a heavy vehicle relating to its load projection—the projection of the vehicle’s load equalling the maximum load projection permitted from any side of the vehicle under the dimension requirement plus 40mm.","sortOrder":243},{"sectionNumber":"sec.105","sectionType":"section","heading":"Minor risk breach","content":"### sec.105 Minor risk breach\n\nA contravention of a dimension requirement applying to a heavy vehicle is a minor risk breach if—\nthe dimension requirement relates to the vehicle’s ground clearance; or\nfor a contravention of any other dimension requirement—the subject matter of the contravention is less than the substantial risk breach lower limit for the requirement.\nsch s 105 amd 2018 No. 10 s 19\n- (a) the dimension requirement relates to the vehicle’s ground clearance; or\n- (b) for a contravention of any other dimension requirement—the subject matter of the contravention is less than the substantial risk breach lower limit for the requirement.","sortOrder":244},{"sectionNumber":"sec.106","sectionType":"section","heading":"Substantial risk breach","content":"### sec.106 Substantial risk breach\n\nA contravention of a dimension requirement applying to a heavy vehicle is a substantial risk breach if—\nthe subject matter of the contravention is—\nequal to or greater than a substantial risk breach lower limit for the requirement; and\nless than the severe risk breach lower limit for the requirement; or\nthe requirement is a substantial risk breach of a dimension requirement under subsection (2) or (3) .\nA contravention of a dimension requirement applying to a heavy vehicle relating to its length is a substantial risk breach if—\nthe contravention would only be a minor risk breach of the dimension requirement if this subsection were not enacted; and\neither—\nthe rear of the vehicle’s load does not carry a sign or warning device required by the national regulations; or\nthe vehicle’s load projects in a way that is dangerous to persons or property.\nA contravention of a dimension requirement applying to a heavy vehicle relating to its width is a substantial risk breach if—\nthe contravention would only be a minor risk breach of the dimension requirement if this subsection were not enacted; and\nthe contravention happens—\nat night; or\nin hazardous weather conditions causing reduced visibility.\nSee also section 108 (3) .\n(sec.106-ssec.1) A contravention of a dimension requirement applying to a heavy vehicle is a substantial risk breach if— the subject matter of the contravention is— equal to or greater than a substantial risk breach lower limit for the requirement; and less than the severe risk breach lower limit for the requirement; or the requirement is a substantial risk breach of a dimension requirement under subsection (2) or (3) .\n(sec.106-ssec.2) A contravention of a dimension requirement applying to a heavy vehicle relating to its length is a substantial risk breach if— the contravention would only be a minor risk breach of the dimension requirement if this subsection were not enacted; and either— the rear of the vehicle’s load does not carry a sign or warning device required by the national regulations; or the vehicle’s load projects in a way that is dangerous to persons or property.\n(sec.106-ssec.3) A contravention of a dimension requirement applying to a heavy vehicle relating to its width is a substantial risk breach if— the contravention would only be a minor risk breach of the dimension requirement if this subsection were not enacted; and the contravention happens— at night; or in hazardous weather conditions causing reduced visibility. See also section 108 (3) .\n- (a) the subject matter of the contravention is— (i) equal to or greater than a substantial risk breach lower limit for the requirement; and (ii) less than the severe risk breach lower limit for the requirement; or\n- (i) equal to or greater than a substantial risk breach lower limit for the requirement; and\n- (ii) less than the severe risk breach lower limit for the requirement; or\n- (b) the requirement is a substantial risk breach of a dimension requirement under subsection (2) or (3) .\n- (i) equal to or greater than a substantial risk breach lower limit for the requirement; and\n- (ii) less than the severe risk breach lower limit for the requirement; or\n- (a) the contravention would only be a minor risk breach of the dimension requirement if this subsection were not enacted; and\n- (b) either— (i) the rear of the vehicle’s load does not carry a sign or warning device required by the national regulations; or (ii) the vehicle’s load projects in a way that is dangerous to persons or property.\n- (i) the rear of the vehicle’s load does not carry a sign or warning device required by the national regulations; or\n- (ii) the vehicle’s load projects in a way that is dangerous to persons or property.\n- (i) the rear of the vehicle’s load does not carry a sign or warning device required by the national regulations; or\n- (ii) the vehicle’s load projects in a way that is dangerous to persons or property.\n- (a) the contravention would only be a minor risk breach of the dimension requirement if this subsection were not enacted; and\n- (b) the contravention happens— (i) at night; or (ii) in hazardous weather conditions causing reduced visibility.\n- (i) at night; or\n- (ii) in hazardous weather conditions causing reduced visibility.\n- (i) at night; or\n- (ii) in hazardous weather conditions causing reduced visibility.","sortOrder":245},{"sectionNumber":"sec.107","sectionType":"section","heading":"Severe risk breach","content":"### sec.107 Severe risk breach\n\nA contravention of a dimension requirement applying to a heavy vehicle is a severe risk breach if—\nthe subject matter of the contravention is equal to or greater than the severe risk breach lower limit for the dimension requirement; or\nthe contravention is a severe risk breach of the dimension requirement under subsection (2) or (3) .\nA contravention of a dimension requirement applying to a heavy vehicle relating to its length is a severe risk breach if—\nthe contravention would only be a substantial risk breach of the dimension requirement as provided by section 106 (1) (a) if this subsection were not enacted; and\neither—\nthe rear of the vehicle’s load does not carry a sign or warning device required by the national regulations; or\nthe vehicle’s load projects from it in a way that is dangerous to persons or property.\nA contravention of a dimension requirement applying to a heavy vehicle relating to its width is a severe risk breach if—\nthe contravention would only be a substantial risk breach of the dimension requirement as provided by section 106 (1) (a) if this subsection were not enacted; and\neither—\nthe contravention happens—\nat night; or\nin hazardous weather conditions causing reduced visibility; or\nthe vehicle’s load projects from it in a way that is dangerous to persons or property.\n(sec.107-ssec.1) A contravention of a dimension requirement applying to a heavy vehicle is a severe risk breach if— the subject matter of the contravention is equal to or greater than the severe risk breach lower limit for the dimension requirement; or the contravention is a severe risk breach of the dimension requirement under subsection (2) or (3) .\n(sec.107-ssec.2) A contravention of a dimension requirement applying to a heavy vehicle relating to its length is a severe risk breach if— the contravention would only be a substantial risk breach of the dimension requirement as provided by section 106 (1) (a) if this subsection were not enacted; and either— the rear of the vehicle’s load does not carry a sign or warning device required by the national regulations; or the vehicle’s load projects from it in a way that is dangerous to persons or property.\n(sec.107-ssec.3) A contravention of a dimension requirement applying to a heavy vehicle relating to its width is a severe risk breach if— the contravention would only be a substantial risk breach of the dimension requirement as provided by section 106 (1) (a) if this subsection were not enacted; and either— the contravention happens— at night; or in hazardous weather conditions causing reduced visibility; or the vehicle’s load projects from it in a way that is dangerous to persons or property.\n- (a) the subject matter of the contravention is equal to or greater than the severe risk breach lower limit for the dimension requirement; or\n- (b) the contravention is a severe risk breach of the dimension requirement under subsection (2) or (3) .\n- (a) the contravention would only be a substantial risk breach of the dimension requirement as provided by section 106 (1) (a) if this subsection were not enacted; and\n- (b) either— (i) the rear of the vehicle’s load does not carry a sign or warning device required by the national regulations; or (ii) the vehicle’s load projects from it in a way that is dangerous to persons or property.\n- (i) the rear of the vehicle’s load does not carry a sign or warning device required by the national regulations; or\n- (ii) the vehicle’s load projects from it in a way that is dangerous to persons or property.\n- (i) the rear of the vehicle’s load does not carry a sign or warning device required by the national regulations; or\n- (ii) the vehicle’s load projects from it in a way that is dangerous to persons or property.\n- (a) the contravention would only be a substantial risk breach of the dimension requirement as provided by section 106 (1) (a) if this subsection were not enacted; and\n- (b) either— (i) the contravention happens— (A) at night; or (B) in hazardous weather conditions causing reduced visibility; or (ii) the vehicle’s load projects from it in a way that is dangerous to persons or property.\n- (i) the contravention happens— (A) at night; or (B) in hazardous weather conditions causing reduced visibility; or\n- (A) at night; or\n- (B) in hazardous weather conditions causing reduced visibility; or\n- (ii) the vehicle’s load projects from it in a way that is dangerous to persons or property.\n- (i) the contravention happens— (A) at night; or (B) in hazardous weather conditions causing reduced visibility; or\n- (A) at night; or\n- (B) in hazardous weather conditions causing reduced visibility; or\n- (ii) the vehicle’s load projects from it in a way that is dangerous to persons or property.\n- (A) at night; or\n- (B) in hazardous weather conditions causing reduced visibility; or","sortOrder":246},{"sectionNumber":"sch-inc-ch.4-pt.4.3-div.3","sectionType":"division","heading":"Other provisions relating to load projections","content":"## Other provisions relating to load projections","sortOrder":247},{"sectionNumber":"sec.108","sectionType":"section","heading":"Dangerous projections taken to be contravention of dimension requirement","content":"### sec.108 Dangerous projections taken to be contravention of dimension requirement\n\nThis section applies if a heavy vehicle’s load projects in a way that is dangerous to persons or property even if all dimension requirements, and all warning and other requirements prescribed by the national regulations, are met.\nThe projection of the load is taken to be—\na contravention of a dimension requirement; and\na minor risk breach of that requirement unless subsection (3) applies.\nThe projection of the load is taken to be—\na contravention of a dimension requirement; and\na substantial risk breach of that requirement if the contravention happens—\nat night; or\nin hazardous weather conditions causing reduced visibility.\n(sec.108-ssec.1) This section applies if a heavy vehicle’s load projects in a way that is dangerous to persons or property even if all dimension requirements, and all warning and other requirements prescribed by the national regulations, are met.\n(sec.108-ssec.2) The projection of the load is taken to be— a contravention of a dimension requirement; and a minor risk breach of that requirement unless subsection (3) applies.\n(sec.108-ssec.3) The projection of the load is taken to be— a contravention of a dimension requirement; and a substantial risk breach of that requirement if the contravention happens— at night; or in hazardous weather conditions causing reduced visibility.\n- (a) a contravention of a dimension requirement; and\n- (b) a minor risk breach of that requirement unless subsection (3) applies.\n- (a) a contravention of a dimension requirement; and\n- (b) a substantial risk breach of that requirement if the contravention happens— (i) at night; or (ii) in hazardous weather conditions causing reduced visibility.\n- (i) at night; or\n- (ii) in hazardous weather conditions causing reduced visibility.\n- (i) at night; or\n- (ii) in hazardous weather conditions causing reduced visibility.","sortOrder":248},{"sectionNumber":"sec.109","sectionType":"section","heading":"Warning signals required for rear projection of loads","content":"### sec.109 Warning signals required for rear projection of loads\n\nThis section applies if—\na load projects more than 1.2m behind a heavy vehicle consisting of only a motor vehicle; or\na load projects more than 1.2m behind either the towing vehicle or a trailer in a heavy combination; or\na load projects from a pole-type trailer in a heavy combination; or\na load projects from a heavy vehicle in a way that it would not be readily visible to a person following immediately behind the vehicle.\nA person must not use the heavy vehicle, or permit the heavy vehicle to be used, on a road unless—\nduring the daytime—a brightly coloured red, red and yellow, or yellow flag at least 300mm by 300mm is fixed to the extreme back of the load; or\nat night—a light showing a clear red light to the back, visible at a distance of at least 200m, is fixed to the extreme back of the load.\nMaximum penalty—$3000.\nsch s 109 om 2025 No. 26 s 30 (uncommenced amendment)\n(sec.109-ssec.1) This section applies if— a load projects more than 1.2m behind a heavy vehicle consisting of only a motor vehicle; or a load projects more than 1.2m behind either the towing vehicle or a trailer in a heavy combination; or a load projects from a pole-type trailer in a heavy combination; or a load projects from a heavy vehicle in a way that it would not be readily visible to a person following immediately behind the vehicle.\n(sec.109-ssec.2) A person must not use the heavy vehicle, or permit the heavy vehicle to be used, on a road unless— during the daytime—a brightly coloured red, red and yellow, or yellow flag at least 300mm by 300mm is fixed to the extreme back of the load; or at night—a light showing a clear red light to the back, visible at a distance of at least 200m, is fixed to the extreme back of the load. Maximum penalty—$3000.\n- (a) a load projects more than 1.2m behind a heavy vehicle consisting of only a motor vehicle; or\n- (b) a load projects more than 1.2m behind either the towing vehicle or a trailer in a heavy combination; or\n- (c) a load projects from a pole-type trailer in a heavy combination; or\n- (d) a load projects from a heavy vehicle in a way that it would not be readily visible to a person following immediately behind the vehicle.\n- (a) during the daytime—a brightly coloured red, red and yellow, or yellow flag at least 300mm by 300mm is fixed to the extreme back of the load; or\n- (b) at night—a light showing a clear red light to the back, visible at a distance of at least 200m, is fixed to the extreme back of the load.","sortOrder":249},{"sectionNumber":"sch-inc-ch.4-pt.4.4","sectionType":"part","heading":"Loading requirements","content":"# Loading requirements","sortOrder":250},{"sectionNumber":"sch-inc-ch.4-pt.4.4-div.1","sectionType":"division","heading":"Requirements","content":"## Requirements","sortOrder":251},{"sectionNumber":"sec.110","sectionType":"section","heading":"National regulations may prescribe loading requirements","content":"### sec.110 National regulations may prescribe loading requirements\n\nThe national regulations may prescribe requirements (the loading requirements ) about securing a load on a heavy vehicle or a component of a heavy vehicle.\nWithout limiting subsection (1) , the loading requirements may include requirements about the restraint or positioning of a load or any part of it on a motor vehicle or trailer.\n(sec.110-ssec.1) The national regulations may prescribe requirements (the loading requirements ) about securing a load on a heavy vehicle or a component of a heavy vehicle.\n(sec.110-ssec.2) Without limiting subsection (1) , the loading requirements may include requirements about the restraint or positioning of a load or any part of it on a motor vehicle or trailer.","sortOrder":252},{"sectionNumber":"sec.111","sectionType":"section","heading":"Compliance with loading requirements","content":"### sec.111 Compliance with loading requirements\n\nA person who drives, or permits another person to drive, a heavy vehicle on a road must ensure the vehicle, and the vehicle’s components and load, comply with the loading requirements applying to the vehicle, unless the person has a reasonable excuse.\nMaximum penalty—\nfor a minor risk breach—$3000; or\nfor a substantial risk breach—$5000; or\nfor a severe risk breach—$10000.\nsch s 111 amd 2016 No. 65 s 19\n(sec.111-ssec.1) A person who drives, or permits another person to drive, a heavy vehicle on a road must ensure the vehicle, and the vehicle’s components and load, comply with the loading requirements applying to the vehicle, unless the person has a reasonable excuse. Maximum penalty— for a minor risk breach—$3000; or for a substantial risk breach—$5000; or for a severe risk breach—$10000.\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.","sortOrder":253},{"sectionNumber":"sch-inc-ch.4-pt.4.4-div.2","sectionType":"division","heading":"Categories of breaches of loading requirements","content":"## Categories of breaches of loading requirements","sortOrder":254},{"sectionNumber":"sec.112","sectionType":"section","heading":"Minor risk breach","content":"### sec.112 Minor risk breach\n\nA contravention of a loading requirement applying to a heavy vehicle is a minor risk breach if—\nthe subject matter of the contravention does not involve a loss or shifting of the load; and\nhad the subject matter of the contravention involved a loss or shifting of the load, the loss or shifting of the load would not have been likely to have involved—\nan appreciable safety risk; or\nan appreciable risk of—\ndamage to road infrastructure; or\ncausing an adverse effect on public amenity.\n- (a) the subject matter of the contravention does not involve a loss or shifting of the load; and\n- (b) had the subject matter of the contravention involved a loss or shifting of the load, the loss or shifting of the load would not have been likely to have involved— (i) an appreciable safety risk; or (ii) an appreciable risk of— (A) damage to road infrastructure; or (B) causing an adverse effect on public amenity.\n- (i) an appreciable safety risk; or\n- (ii) an appreciable risk of— (A) damage to road infrastructure; or (B) causing an adverse effect on public amenity.\n- (A) damage to road infrastructure; or\n- (B) causing an adverse effect on public amenity.\n- (i) an appreciable safety risk; or\n- (ii) an appreciable risk of— (A) damage to road infrastructure; or (B) causing an adverse effect on public amenity.\n- (A) damage to road infrastructure; or\n- (B) causing an adverse effect on public amenity.\n- (A) damage to road infrastructure; or\n- (B) causing an adverse effect on public amenity.","sortOrder":255},{"sectionNumber":"sec.113","sectionType":"section","heading":"Substantial risk breach","content":"### sec.113 Substantial risk breach\n\nA contravention of a loading requirement applying to a heavy vehicle is a substantial risk breach if the subject matter of the contravention involves a loss or shifting of the load that does not involve—\nan appreciable safety risk; or\nan appreciable risk of—\ndamage to road infrastructure; or\ncausing an adverse effect on public amenity.\nA contravention of a loading requirement applying to a heavy vehicle is also a substantial risk breach if—\nthe subject matter of the contravention does not involve a loss or shifting of the load; and\nhad the subject matter of the contravention involved a loss or shifting of the load, the loss or shifting of the load would have been likely to have involved—\nan appreciable safety risk; or\nan appreciable risk of—\ndamage to road infrastructure; or\ncausing an adverse effect on public amenity.\n(sec.113-ssec.1) A contravention of a loading requirement applying to a heavy vehicle is a substantial risk breach if the subject matter of the contravention involves a loss or shifting of the load that does not involve— an appreciable safety risk; or an appreciable risk of— damage to road infrastructure; or causing an adverse effect on public amenity.\n(sec.113-ssec.2) A contravention of a loading requirement applying to a heavy vehicle is also a substantial risk breach if— the subject matter of the contravention does not involve a loss or shifting of the load; and had the subject matter of the contravention involved a loss or shifting of the load, the loss or shifting of the load would have been likely to have involved— an appreciable safety risk; or an appreciable risk of— damage to road infrastructure; or causing an adverse effect on public amenity.\n- (a) an appreciable safety risk; or\n- (b) an appreciable risk of— (i) damage to road infrastructure; or (ii) causing an adverse effect on public amenity.\n- (i) damage to road infrastructure; or\n- (ii) causing an adverse effect on public amenity.\n- (i) damage to road infrastructure; or\n- (ii) causing an adverse effect on public amenity.\n- (a) the subject matter of the contravention does not involve a loss or shifting of the load; and\n- (b) had the subject matter of the contravention involved a loss or shifting of the load, the loss or shifting of the load would have been likely to have involved— (i) an appreciable safety risk; or (ii) an appreciable risk of— (A) damage to road infrastructure; or (B) causing an adverse effect on public amenity.\n- (i) an appreciable safety risk; or\n- (ii) an appreciable risk of— (A) damage to road infrastructure; or (B) causing an adverse effect on public amenity.\n- (A) damage to road infrastructure; or\n- (B) causing an adverse effect on public amenity.\n- (i) an appreciable safety risk; or\n- (ii) an appreciable risk of— (A) damage to road infrastructure; or (B) causing an adverse effect on public amenity.\n- (A) damage to road infrastructure; or\n- (B) causing an adverse effect on public amenity.\n- (A) damage to road infrastructure; or\n- (B) causing an adverse effect on public amenity.","sortOrder":256},{"sectionNumber":"sec.114","sectionType":"section","heading":"Severe risk breach","content":"### sec.114 Severe risk breach\n\nA contravention of a loading requirement applying to a heavy vehicle is a severe risk breach if the subject matter of the contravention involves a loss or shifting of the vehicle’s load that involves—\nan appreciable safety risk; or\nan appreciable risk of—\ndamage to road infrastructure; or\ncausing an adverse effect on public amenity.\n- (a) an appreciable safety risk; or\n- (b) an appreciable risk of— (i) damage to road infrastructure; or (ii) causing an adverse effect on public amenity.\n- (i) damage to road infrastructure; or\n- (ii) causing an adverse effect on public amenity.\n- (i) damage to road infrastructure; or\n- (ii) causing an adverse effect on public amenity.","sortOrder":257},{"sectionNumber":"sch-inc-ch.4-pt.4.4-div.3","sectionType":"division","heading":"Evidentiary provision","content":"## Evidentiary provision","sortOrder":258},{"sectionNumber":"sec.115","sectionType":"section","heading":"Proof of contravention of loading requirement","content":"### sec.115 Proof of contravention of loading requirement\n\nIn a proceeding for an offence against Division 1 , the following is evidence that a load on a heavy vehicle was not placed, secured or restrained in compliance with a loading requirement applying to the vehicle—\nevidence that the load was not placed, secured or restrained in a way that met a loading performance standard;\nevidence that a load, or part of a load, has fallen off a heavy vehicle.\nThe national regulations may prescribe standards (the loading performance standards ) for heavy vehicles.\nsch s 115 sub 2013 No. 4 s 12 ; 2018 No. 18 s 12\n(sec.115-ssec.1) In a proceeding for an offence against Division 1 , the following is evidence that a load on a heavy vehicle was not placed, secured or restrained in compliance with a loading requirement applying to the vehicle— evidence that the load was not placed, secured or restrained in a way that met a loading performance standard; evidence that a load, or part of a load, has fallen off a heavy vehicle.\n(sec.115-ssec.2) The national regulations may prescribe standards (the loading performance standards ) for heavy vehicles.\n- (a) evidence that the load was not placed, secured or restrained in a way that met a loading performance standard;\n- (b) evidence that a load, or part of a load, has fallen off a heavy vehicle.","sortOrder":259},{"sectionNumber":"sch-inc-ch.4-pt.4.5","sectionType":"part","heading":"Exemptions for particular overmass or oversize vehicles","content":"# Exemptions for particular overmass or oversize vehicles","sortOrder":260},{"sectionNumber":"sch-inc-ch.4-pt.4.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":261},{"sectionNumber":"sec.116","sectionType":"section","heading":"Class 1 heavy vehicles and class 3 heavy vehicles","content":"### sec.116 Class 1 heavy vehicles and class 3 heavy vehicles\n\nA heavy vehicle is a class 1 heavy vehicle if it, together with its load, does not comply with a prescribed mass requirement or prescribed dimension requirement applying to it, and—\nit is a special purpose vehicle; or\nit is an agricultural vehicle other than an agricultural trailer; or\nSee subsection (2) for agricultural trailers.\nit—\nis a heavy vehicle carrying, or designed for the purpose of carrying, a large indivisible item, including, for example, a combination including a low loader; but\nis not a road train or B-double, or carrying a freight container designed for multi-modal transport.\nAn agricultural trailer is a class 1 heavy vehicle , irrespective of whether it, together with its load, does or does not comply with a prescribed mass requirement or prescribed dimension requirement applying to it.\nA heavy vehicle is a class 3 heavy vehicle if—\nit, together with its load, does not comply with a prescribed mass requirement or prescribed dimension requirement applying to it; and\nit is not a class 1 heavy vehicle.\nIn this section—\nconcrete pump means a vehicle with a component that can be used to transfer liquid concrete by pumping.\nlarge indivisible item means an item that—\ncan not be divided without extreme effort, expense or risk of damage to it; and\ncan not be carried on any heavy vehicle without contravening a mass requirement or dimension requirement.\nlow loader means a trailer with a loading deck no more than 1m above the ground.\nspecial purpose vehicle means—\na motor vehicle or trailer, other than an agricultural vehicle or a tow truck, built for a purpose other than transporting goods by road; or\na concrete pump or fire truck.\nsch s 116 amd 2018 No. 10 s 20\n(sec.116-ssec.1) A heavy vehicle is a class 1 heavy vehicle if it, together with its load, does not comply with a prescribed mass requirement or prescribed dimension requirement applying to it, and— it is a special purpose vehicle; or it is an agricultural vehicle other than an agricultural trailer; or See subsection (2) for agricultural trailers. it— is a heavy vehicle carrying, or designed for the purpose of carrying, a large indivisible item, including, for example, a combination including a low loader; but is not a road train or B-double, or carrying a freight container designed for multi-modal transport.\n(sec.116-ssec.2) An agricultural trailer is a class 1 heavy vehicle , irrespective of whether it, together with its load, does or does not comply with a prescribed mass requirement or prescribed dimension requirement applying to it.\n(sec.116-ssec.3) A heavy vehicle is a class 3 heavy vehicle if— it, together with its load, does not comply with a prescribed mass requirement or prescribed dimension requirement applying to it; and it is not a class 1 heavy vehicle.\n(sec.116-ssec.4) In this section— concrete pump means a vehicle with a component that can be used to transfer liquid concrete by pumping. large indivisible item means an item that— can not be divided without extreme effort, expense or risk of damage to it; and can not be carried on any heavy vehicle without contravening a mass requirement or dimension requirement. low loader means a trailer with a loading deck no more than 1m above the ground. special purpose vehicle means— a motor vehicle or trailer, other than an agricultural vehicle or a tow truck, built for a purpose other than transporting goods by road; or a concrete pump or fire truck.\n- (a) it is a special purpose vehicle; or\n- (b) it is an agricultural vehicle other than an agricultural trailer; or Note— See subsection (2) for agricultural trailers.\n- (c) it— (i) is a heavy vehicle carrying, or designed for the purpose of carrying, a large indivisible item, including, for example, a combination including a low loader; but (ii) is not a road train or B-double, or carrying a freight container designed for multi-modal transport.\n- (i) is a heavy vehicle carrying, or designed for the purpose of carrying, a large indivisible item, including, for example, a combination including a low loader; but\n- (ii) is not a road train or B-double, or carrying a freight container designed for multi-modal transport.\n- (i) is a heavy vehicle carrying, or designed for the purpose of carrying, a large indivisible item, including, for example, a combination including a low loader; but\n- (ii) is not a road train or B-double, or carrying a freight container designed for multi-modal transport.\n- (a) it, together with its load, does not comply with a prescribed mass requirement or prescribed dimension requirement applying to it; and\n- (b) it is not a class 1 heavy vehicle.\n- (a) can not be divided without extreme effort, expense or risk of damage to it; and\n- (b) can not be carried on any heavy vehicle without contravening a mass requirement or dimension requirement.\n- (a) a motor vehicle or trailer, other than an agricultural vehicle or a tow truck, built for a purpose other than transporting goods by road; or\n- (b) a concrete pump or fire truck.","sortOrder":262},{"sectionNumber":"sch-inc-ch.4-pt.4.5-div.2","sectionType":"division","heading":"Exemptions by Commonwealth Gazette notice","content":"## Exemptions by Commonwealth Gazette notice","sortOrder":263},{"sectionNumber":"sec.117","sectionType":"section","heading":"Regulator’s power to exempt category of class 1 or 3 heavy vehicles from compliance with mass or dimension requirement","content":"### sec.117 Regulator’s power to exempt category of class 1 or 3 heavy vehicles from compliance with mass or dimension requirement\n\nThe Regulator may, by Commonwealth Gazette notice complying with section 121 , exempt, for a period of not more than 5 years, a stated category of class 1 heavy vehicles or class 3 heavy vehicles from—\na prescribed mass requirement; or\na prescribed dimension requirement.\nAn exemption under subsection (1) is a mass or dimension exemption (notice) .\nSee Division 3 of Part 4.7 in relation to amendment, suspension or cancellation of a mass or dimension exemption (notice).\n(sec.117-ssec.1) The Regulator may, by Commonwealth Gazette notice complying with section 121 , exempt, for a period of not more than 5 years, a stated category of class 1 heavy vehicles or class 3 heavy vehicles from— a prescribed mass requirement; or a prescribed dimension requirement.\n(sec.117-ssec.2) An exemption under subsection (1) is a mass or dimension exemption (notice) . See Division 3 of Part 4.7 in relation to amendment, suspension or cancellation of a mass or dimension exemption (notice).\n- (a) a prescribed mass requirement; or\n- (b) a prescribed dimension requirement.","sortOrder":264},{"sectionNumber":"sec.118","sectionType":"section","heading":"Restriction on grant of mass or dimension exemption (notice)","content":"### sec.118 Restriction on grant of mass or dimension exemption (notice)\n\nThe Regulator may grant a mass or dimension exemption (notice) for a category of heavy vehicles only if—\nthe Regulator is satisfied the use of heavy vehicles of that category on a road under the exemption will not pose a significant risk to public safety; and\neach relevant road manager for the exemption has consented to the grant; and\nthe Regulator is satisfied all other consents required for the exemption under the law of the relevant jurisdiction have been obtained or given.\nIn deciding whether to grant a mass or dimension exemption (notice), the Regulator must have regard to the approved guidelines for granting mass or dimension exemptions.\n(sec.118-ssec.1) The Regulator may grant a mass or dimension exemption (notice) for a category of heavy vehicles only if— the Regulator is satisfied the use of heavy vehicles of that category on a road under the exemption will not pose a significant risk to public safety; and each relevant road manager for the exemption has consented to the grant; and the Regulator is satisfied all other consents required for the exemption under the law of the relevant jurisdiction have been obtained or given.\n(sec.118-ssec.2) In deciding whether to grant a mass or dimension exemption (notice), the Regulator must have regard to the approved guidelines for granting mass or dimension exemptions.\n- (a) the Regulator is satisfied the use of heavy vehicles of that category on a road under the exemption will not pose a significant risk to public safety; and\n- (b) each relevant road manager for the exemption has consented to the grant; and\n- (c) the Regulator is satisfied all other consents required for the exemption under the law of the relevant jurisdiction have been obtained or given.","sortOrder":265},{"sectionNumber":"sec.119","sectionType":"section","heading":"Conditions of mass or dimension exemption (notice)","content":"### sec.119 Conditions of mass or dimension exemption (notice)\n\nA mass or dimension exemption (notice)—\nmust include a condition about the areas or routes to which the exemption applies; and\nis subject to conditions prescribed by the national regulations for the exemption; and\nmust be subject to the road conditions or travel conditions required for the exemption; and\nmay be subject to any other conditions the Regulator considers appropriate, including, for example—\nconditions about 1 or more matters mentioned in Schedule 2 ; and\nwithout limiting subparagraph (i) , intelligent access program conditions; and\na condition that the driver of a class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under the exemption must keep in the driver’s possession a copy of—\nthe Commonwealth Gazette notice for the exemption; or\nan information sheet about the exemption published by the Regulator on the Regulator’s website.\nWithout limiting subsection (1) (a) , the condition under the subsection about areas or routes may be imposed by—\napplying by reference a stated map or stated list, not in the notice, prepared and published by the relevant road authority or the Regulator; and\nreferring to the areas or routes shown on the stated map or stated list.\nWithout limiting subsection (1) (c) , road conditions or travel conditions under the subsection may be imposed by referring to road conditions or travel conditions shown on a stated map or stated list applied under subsection (2) (a) .\nIf the notice applies a stated map or stated list—\nthe Regulator may amend the stated map or stated list prepared and published by it and the relevant road authority may amend the stated map or stated list prepared and published by it, but only by omitting, varying or extending—\nthe areas or routes mentioned in subsection (2) (b) ; or\nthe road conditions or travel conditions mentioned in subsection (3) ;\nincluding by adding additional areas, routes, road conditions or travel conditions; and\nthe Regulator must ensure a copy of the stated map or stated list as in force from time to time is—\nmade available for inspection, without charge, during normal business hours at each office of the Regulator; and\npublished on the Regulator’s website or published by way of a reference or link published on the Regulator’s website.\nThe Regulator must publish a stated map or stated list whether the Regulator or a relevant road authority originally prepared and published it as mentioned in subsection (2) .\nDespite subsection (4) (a) , a road authority may only amend a map or list in a way that affects a particular road if—\nthe road authority is the road manager for the road; or\nthe road authority is not the road manager for the road and has been advised by the Regulator that the Regulator has obtained the consent of the road manager for the amendment.\nWithout limiting the conditions that may be prescribed under subsection (1) (b) , the national regulations may—\nprescribe conditions that are to apply only to particular areas or roads; and\nauthorise the Regulator to decide the areas or roads to which the conditions are to apply.\nIn this section—\nrelevant road authority , for a mass or dimension exemption (notice), means the road authority for the participating jurisdiction in which the road likely to be travelled under the exemption is situated.\nroad conditions means road conditions required by the relevant road manager under section 160 .\ntravel conditions means travel conditions required by the relevant road manager under section 161 .\nsch s 119 amd 2015 No. 12 s 9 ; 2016 No. 65 s 139\n(sec.119-ssec.1) A mass or dimension exemption (notice)— must include a condition about the areas or routes to which the exemption applies; and is subject to conditions prescribed by the national regulations for the exemption; and must be subject to the road conditions or travel conditions required for the exemption; and may be subject to any other conditions the Regulator considers appropriate, including, for example— conditions about 1 or more matters mentioned in Schedule 2 ; and without limiting subparagraph (i) , intelligent access program conditions; and a condition that the driver of a class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under the exemption must keep in the driver’s possession a copy of— the Commonwealth Gazette notice for the exemption; or an information sheet about the exemption published by the Regulator on the Regulator’s website.\n(sec.119-ssec.2) Without limiting subsection (1) (a) , the condition under the subsection about areas or routes may be imposed by— applying by reference a stated map or stated list, not in the notice, prepared and published by the relevant road authority or the Regulator; and referring to the areas or routes shown on the stated map or stated list.\n(sec.119-ssec.3) Without limiting subsection (1) (c) , road conditions or travel conditions under the subsection may be imposed by referring to road conditions or travel conditions shown on a stated map or stated list applied under subsection (2) (a) .\n(sec.119-ssec.4) If the notice applies a stated map or stated list— the Regulator may amend the stated map or stated list prepared and published by it and the relevant road authority may amend the stated map or stated list prepared and published by it, but only by omitting, varying or extending— the areas or routes mentioned in subsection (2) (b) ; or the road conditions or travel conditions mentioned in subsection (3) ; including by adding additional areas, routes, road conditions or travel conditions; and the Regulator must ensure a copy of the stated map or stated list as in force from time to time is— made available for inspection, without charge, during normal business hours at each office of the Regulator; and published on the Regulator’s website or published by way of a reference or link published on the Regulator’s website. The Regulator must publish a stated map or stated list whether the Regulator or a relevant road authority originally prepared and published it as mentioned in subsection (2) .\n(sec.119-ssec.5) Despite subsection (4) (a) , a road authority may only amend a map or list in a way that affects a particular road if— the road authority is the road manager for the road; or the road authority is not the road manager for the road and has been advised by the Regulator that the Regulator has obtained the consent of the road manager for the amendment.\n(sec.119-ssec.6) Without limiting the conditions that may be prescribed under subsection (1) (b) , the national regulations may— prescribe conditions that are to apply only to particular areas or roads; and authorise the Regulator to decide the areas or roads to which the conditions are to apply.\n(sec.119-ssec.7) In this section— relevant road authority , for a mass or dimension exemption (notice), means the road authority for the participating jurisdiction in which the road likely to be travelled under the exemption is situated. road conditions means road conditions required by the relevant road manager under section 160 . travel conditions means travel conditions required by the relevant road manager under section 161 .\n- (a) must include a condition about the areas or routes to which the exemption applies; and\n- (b) is subject to conditions prescribed by the national regulations for the exemption; and\n- (c) must be subject to the road conditions or travel conditions required for the exemption; and\n- (d) may be subject to any other conditions the Regulator considers appropriate, including, for example— (i) conditions about 1 or more matters mentioned in Schedule 2 ; and (ii) without limiting subparagraph (i) , intelligent access program conditions; and (iii) a condition that the driver of a class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under the exemption must keep in the driver’s possession a copy of— (A) the Commonwealth Gazette notice for the exemption; or (B) an information sheet about the exemption published by the Regulator on the Regulator’s website.\n- (i) conditions about 1 or more matters mentioned in Schedule 2 ; and\n- (ii) without limiting subparagraph (i) , intelligent access program conditions; and\n- (iii) a condition that the driver of a class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under the exemption must keep in the driver’s possession a copy of— (A) the Commonwealth Gazette notice for the exemption; or (B) an information sheet about the exemption published by the Regulator on the Regulator’s website.\n- (A) the Commonwealth Gazette notice for the exemption; or\n- (B) an information sheet about the exemption published by the Regulator on the Regulator’s website.\n- (i) conditions about 1 or more matters mentioned in Schedule 2 ; and\n- (ii) without limiting subparagraph (i) , intelligent access program conditions; and\n- (iii) a condition that the driver of a class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under the exemption must keep in the driver’s possession a copy of— (A) the Commonwealth Gazette notice for the exemption; or (B) an information sheet about the exemption published by the Regulator on the Regulator’s website.\n- (A) the Commonwealth Gazette notice for the exemption; or\n- (B) an information sheet about the exemption published by the Regulator on the Regulator’s website.\n- (A) the Commonwealth Gazette notice for the exemption; or\n- (B) an information sheet about the exemption published by the Regulator on the Regulator’s website.\n- (a) applying by reference a stated map or stated list, not in the notice, prepared and published by the relevant road authority or the Regulator; and\n- (b) referring to the areas or routes shown on the stated map or stated list.\n- (a) the Regulator may amend the stated map or stated list prepared and published by it and the relevant road authority may amend the stated map or stated list prepared and published by it, but only by omitting, varying or extending— (i) the areas or routes mentioned in subsection (2) (b) ; or (ii) the road conditions or travel conditions mentioned in subsection (3) ; including by adding additional areas, routes, road conditions or travel conditions; and\n- (i) the areas or routes mentioned in subsection (2) (b) ; or\n- (ii) the road conditions or travel conditions mentioned in subsection (3) ;\n- (b) the Regulator must ensure a copy of the stated map or stated list as in force from time to time is— (i) made available for inspection, without charge, during normal business hours at each office of the Regulator; and (ii) published on the Regulator’s website or published by way of a reference or link published on the Regulator’s website.\n- (i) made available for inspection, without charge, during normal business hours at each office of the Regulator; and\n- (ii) published on the Regulator’s website or published by way of a reference or link published on the Regulator’s website.\n- (i) the areas or routes mentioned in subsection (2) (b) ; or\n- (ii) the road conditions or travel conditions mentioned in subsection (3) ;\n- (i) made available for inspection, without charge, during normal business hours at each office of the Regulator; and\n- (ii) published on the Regulator’s website or published by way of a reference or link published on the Regulator’s website.\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 been advised by the Regulator that the Regulator has obtained the consent of the road manager for the amendment.\n- (a) prescribe conditions that are to apply only to particular areas or roads; and\n- (b) authorise the Regulator to decide the areas or roads to which the conditions are to apply.","sortOrder":266},{"sectionNumber":"sec.119A","sectionType":"section","heading":"Process for amending a stated map or stated list","content":"### sec.119A Process for amending a stated map or stated list\n\nThis section applies to the amendment of a stated map or stated list mentioned in section 119 .\nFor the purpose of an amendment by the Regulator only adding an additional area or route to a stated map or stated list—\nsection 118 applies; and\nDivision 2 of Part 4.7 applies to the extent the division relates to the grant of a mass or dimension exemption (notice); and\nDivision 3 of Part 4.7 does not apply.\nFor the purpose of subsection (2) , section 118 and Division 2 of Part 4.7 apply as if—\na reference to the grant of a mass or dimension exemption (notice) or a mass or dimension authority were a reference to the adding of the additional area or route; and\na reference to the relevant road manager for a mass or dimension exemption (notice) or a mass or dimension authority were a reference to the relevant road manager for the exemption or authority that applies the stated map or stated list.\nFor the purpose of an amendment by the relevant road authority only adding an additional area or route to, or only removing a road condition or travel condition from, a stated map or stated list, section 118 and Part 4.7 do not apply.\nFor the purpose of an amendment by the Regulator or a relevant road authority if subsections (2) to (4) do not apply, Division 3 of Part 4.7 applies to the extent the Division relates to the amendment of a mass or dimension exemption (notice).\nFor subsection (5) , Division 3 of Part 4.7 applies as if—\na reference to the amendment of a mass or dimension authority were a reference to the amendment of the stated map or stated list; and\na reference to the Regulator were a reference to the Regulator or the relevant road authority, whichever is amending the stated map or stated list; and\na reference to the relevant road manager for a mass or dimension authority were a reference to the relevant road manager for the authority that applies the stated map or stated list.\nsch s 119A ins 2015 No. 12 s 10\n(sec.119A-ssec.1) This section applies to the amendment of a stated map or stated list mentioned in section 119 .\n(sec.119A-ssec.2) For the purpose of an amendment by the Regulator only adding an additional area or route to a stated map or stated list— section 118 applies; and Division 2 of Part 4.7 applies to the extent the division relates to the grant of a mass or dimension exemption (notice); and Division 3 of Part 4.7 does not apply.\n(sec.119A-ssec.3) For the purpose of subsection (2) , section 118 and Division 2 of Part 4.7 apply as if— a reference to the grant of a mass or dimension exemption (notice) or a mass or dimension authority were a reference to the adding of the additional area or route; and a reference to the relevant road manager for a mass or dimension exemption (notice) or a mass or dimension authority were a reference to the relevant road manager for the exemption or authority that applies the stated map or stated list.\n(sec.119A-ssec.4) For the purpose of an amendment by the relevant road authority only adding an additional area or route to, or only removing a road condition or travel condition from, a stated map or stated list, section 118 and Part 4.7 do not apply.\n(sec.119A-ssec.5) For the purpose of an amendment by the Regulator or a relevant road authority if subsections (2) to (4) do not apply, Division 3 of Part 4.7 applies to the extent the Division relates to the amendment of a mass or dimension exemption (notice).\n(sec.119A-ssec.6) For subsection (5) , Division 3 of Part 4.7 applies as if— a reference to the amendment of a mass or dimension authority were a reference to the amendment of the stated map or stated list; and a reference to the Regulator were a reference to the Regulator or the relevant road authority, whichever is amending the stated map or stated list; and a reference to the relevant road manager for a mass or dimension authority were a reference to the relevant road manager for the authority that applies the 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 the grant of a mass or dimension exemption (notice); and\n- (c) Division 3 of Part 4.7 does not apply.\n- (a) a reference to the grant of a mass or dimension exemption (notice) or a mass or dimension authority were a reference to the adding of the additional area or route; and\n- (b) a reference to the relevant road manager for a mass or dimension exemption (notice) or a mass or dimension authority were a reference to the relevant road manager for the exemption or authority that applies the stated map or stated list.\n- (a) a reference to the amendment of a mass or dimension authority were a reference to the amendment of the stated map or stated list; and\n- (b) a reference to the Regulator were a reference to the Regulator or the relevant road authority, whichever is amending the stated map or stated list; and\n- (c) a reference to the relevant road manager for a mass or dimension authority were a reference to the relevant road manager for the authority that applies the stated map or stated list.","sortOrder":267},{"sectionNumber":"sec.120","sectionType":"section","heading":"Period for which mass or dimension exemption (notice) applies","content":"### sec.120 Period for which mass or dimension exemption (notice) applies\n\nA mass or dimension exemption (notice)—\ntakes effect—\nwhen the Commonwealth Gazette notice for the exemption is published; or\nif a later time is stated in the Commonwealth Gazette notice, at the later time; and\napplies for the period stated in the Commonwealth Gazette notice.\n- (a) takes effect— (i) when the Commonwealth Gazette notice for the exemption is published; or (ii) if a later time is stated in the Commonwealth Gazette notice, at the later time; and\n- (i) when the Commonwealth Gazette notice for the exemption is published; or\n- (ii) if a later time is stated in the Commonwealth Gazette notice, at the later time; and\n- (b) applies for the period stated in the Commonwealth Gazette notice.\n- (i) when the Commonwealth Gazette notice for the exemption is published; or\n- (ii) if a later time is stated in the Commonwealth Gazette notice, at the later time; and","sortOrder":268},{"sectionNumber":"sec.121","sectionType":"section","heading":"Requirements about Commonwealth Gazette notice","content":"### sec.121 Requirements about Commonwealth Gazette notice\n\nA Commonwealth Gazette notice for a mass or dimension exemption (notice) must state the following—\nthe category of heavy vehicles to which the exemption applies;\nthe mass requirement or dimension requirement to which the exemption applies;\nthe areas or routes to which the exemption applies;\nthe conditions mentioned in section 119 (1) (b) , including, for example, by referencing the relevant provision of the national regulations;\nthe road conditions or travel conditions required by a relevant road manager for the exemption under section 160 or 161 ;\nthe other conditions of the exemption;\nthe period for which the exemption applies.\nThe Regulator must publish a copy of the Commonwealth Gazette notice on the Regulator’s website.\n(sec.121-ssec.1) A Commonwealth Gazette notice for a mass or dimension exemption (notice) must state the following— the category of heavy vehicles to which the exemption applies; the mass requirement or dimension requirement to which the exemption applies; the areas or routes to which the exemption applies; the conditions mentioned in section 119 (1) (b) , including, for example, by referencing the relevant provision of the national regulations; the road conditions or travel conditions required by a relevant road manager for the exemption under section 160 or 161 ; the other conditions of the exemption; the period for which the exemption applies.\n(sec.121-ssec.2) The Regulator must publish a copy of the Commonwealth Gazette notice on the Regulator’s website.\n- (a) the category of heavy vehicles to which the exemption applies;\n- (b) the mass requirement or dimension requirement to which the exemption applies;\n- (c) the areas or routes to which the exemption applies;\n- (d) the conditions mentioned in section 119 (1) (b) , including, for example, by referencing the relevant provision of the national regulations;\n- (e) the road conditions or travel conditions required by a relevant road 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.","sortOrder":269},{"sectionNumber":"sch-inc-ch.4-pt.4.5-div.3","sectionType":"division","heading":"Exemptions by permit","content":"## Exemptions by permit","sortOrder":270},{"sectionNumber":"sec.122","sectionType":"section","heading":"Regulator’s power to exempt particular class 1 or class 3 heavy vehicle from compliance with mass or dimension requirement","content":"### sec.122 Regulator’s power to exempt particular class 1 or class 3 heavy vehicle from compliance with mass or dimension requirement\n\nThe Regulator may, by giving a person a permit as mentioned in section 127 , exempt, for a period of not more than 3 years—\na class 1 heavy vehicle or class 3 heavy vehicle from compliance with—\na prescribed mass requirement; or\na prescribed dimension requirement; or\na class 1 heavy vehicle or class 3 heavy vehicle from a requirement relating to the GCM of the vehicle, if subsection (2) applies.\nThe Regulator may, under subsection (1) , exempt a class 1 heavy vehicle or class 3 heavy vehicle that includes 2 or more prime movers or 2 or more hauling units from compliance with a mass requirement relating to the GCM of the individual prime movers or hauling units if the total GCM of the prime movers or hauling units complies with the mass requirement relating to the GCM of the combined prime movers or hauling units.\nAn exemption under subsection (1) is a mass or dimension exemption (permit) .\nA mass or dimension exemption (permit) may apply to 1 or more heavy vehicles.\nSee Division 4 of Part 4.7 in relation to amendment, suspension or cancellation of a mass or dimension exemption (permit).\nsch s 122 sub 2025 No. 26 s 31 (uncommenced amendment)\n(sec.122-ssec.1) The Regulator may, by giving a person a permit as mentioned in section 127 , exempt, for a period of not more than 3 years— a class 1 heavy vehicle or class 3 heavy vehicle from compliance with— a prescribed mass requirement; or a prescribed dimension requirement; or a class 1 heavy vehicle or class 3 heavy vehicle from a requirement relating to the GCM of the vehicle, if subsection (2) applies.\n(sec.122-ssec.2) The Regulator may, under subsection (1) , exempt a class 1 heavy vehicle or class 3 heavy vehicle that includes 2 or more prime movers or 2 or more hauling units from compliance with a mass requirement relating to the GCM of the individual prime movers or hauling units if the total GCM of the prime movers or hauling units complies with the mass requirement relating to the GCM of the combined prime movers or hauling units.\n(sec.122-ssec.3) An exemption under subsection (1) is a mass or dimension exemption (permit) .\n(sec.122-ssec.4) A mass or dimension exemption (permit) may apply to 1 or more heavy vehicles. See Division 4 of Part 4.7 in relation to amendment, suspension or cancellation of a mass or dimension exemption (permit).\n- (a) a class 1 heavy vehicle or class 3 heavy vehicle from compliance with— (i) a prescribed mass requirement; or (ii) a prescribed dimension requirement; or\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 requirement relating to the GCM of the vehicle, if subsection (2) applies.\n- (i) a prescribed mass requirement; or\n- (ii) a prescribed dimension requirement; or","sortOrder":271},{"sectionNumber":"sec.123","sectionType":"section","heading":"Application for mass or dimension exemption (permit)","content":"### sec.123 Application for mass or dimension exemption (permit)\n\nA person may apply to the Regulator for a mass or dimension exemption (permit).\nThe application must be—\nin the approved form; and\naccompanied by the prescribed fee for the application.\nThe Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\nsch s 123 om 2025 No. 26 s 31 (uncommenced amendment)\n(sec.123-ssec.1) A person may apply to the Regulator for a mass or dimension exemption (permit).\n(sec.123-ssec.2) The application must be— in the approved form; and accompanied by the prescribed fee for the application.\n(sec.123-ssec.3) The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\n- (a) in the approved form; and\n- (b) accompanied by the prescribed fee for the application.","sortOrder":272},{"sectionNumber":"sec.124","sectionType":"section","heading":"Restriction on grant of mass or dimension exemption (permit)","content":"### sec.124 Restriction on grant of mass or dimension exemption (permit)\n\nThe Regulator may grant a mass or dimension exemption (permit) for a heavy vehicle only if—\nthe Regulator is satisfied the use of the heavy vehicle on a road under the exemption will not pose a significant risk to public safety; and\neach relevant road manager for the exemption has consented to the grant; and\nthe Regulator is satisfied all other consents required for the exemption under the law of the relevant jurisdiction have been obtained by the applicant or have been otherwise given.\nIn deciding whether to grant a mass or dimension exemption (permit), the Regulator must have regard to the approved guidelines for granting mass or dimension exemptions.\nsch s 124 om 2025 No. 26 s 31 (uncommenced amendment)\n(sec.124-ssec.1) The Regulator may grant a mass or dimension exemption (permit) for a heavy vehicle only if— the Regulator is satisfied the use of the heavy vehicle on a road under the exemption will not pose a significant risk to public safety; and each relevant road manager for the exemption has consented to the grant; and the Regulator is satisfied all other consents required for the exemption under the law of the relevant jurisdiction have been obtained by the applicant or have been otherwise given.\n(sec.124-ssec.2) In deciding whether to grant a mass or dimension exemption (permit), the Regulator must have regard to the approved guidelines for granting mass or dimension exemptions.\n- (a) the Regulator is satisfied the use of the heavy vehicle on a road under the exemption will not pose a significant risk to public safety; and\n- (b) each relevant road manager for the exemption has consented to the grant; and\n- (c) the Regulator is satisfied all other consents required for the exemption under the law of the relevant jurisdiction have been obtained by the applicant or have been otherwise given.","sortOrder":273},{"sectionNumber":"sec.125","sectionType":"section","heading":"Conditions of mass or dimension exemption (permit)","content":"### sec.125 Conditions of mass or dimension exemption (permit)\n\nA mass or dimension exemption (permit)—\nmust include a condition about the areas or routes to which the exemption applies; and\nis subject to conditions prescribed by the national regulations for the exemption; and\nmust be subject to the road conditions or travel conditions required by a relevant road manager for the exemption under section 160 or 161 ; and\nmay be subject to any other conditions the Regulator considers appropriate, including, for example—\nconditions about 1 or more matters mentioned in Schedule 2 ; and\nwithout limiting subparagraph (i) , intelligent access program conditions.\nWithout limiting the conditions that may be prescribed under subsection (1) (b) , the national regulations may—\nprescribe conditions that are to apply only to particular areas or roads; and\nauthorise the Regulator to decide the areas or roads to which the conditions are to apply.\nsch s 125 amd 2016 No. 65 s 139\nom 2025 No. 26 s 31 (uncommenced amendment)\n(sec.125-ssec.1) A mass or dimension exemption (permit)— must include a condition about the areas or routes to which the exemption applies; and is subject to conditions prescribed by the national regulations for the exemption; and must be subject to the road conditions or travel conditions required by a relevant road manager for the exemption under section 160 or 161 ; and may be subject to any other conditions the Regulator considers appropriate, including, for example— conditions about 1 or more matters mentioned in Schedule 2 ; and without limiting subparagraph (i) , intelligent access program conditions.\n(sec.125-ssec.2) Without limiting the conditions that may be prescribed under subsection (1) (b) , the national regulations may— prescribe conditions that are to apply only to particular areas or roads; and authorise the Regulator to decide the areas or roads to which the conditions are to apply.\n- (a) must include a condition about the areas or routes to which the exemption applies; and\n- (b) is subject to conditions prescribed by the national regulations for the exemption; and\n- (c) must be subject to the road conditions or travel conditions required by a relevant road manager for the exemption under section 160 or 161 ; and\n- (d) may be subject to any other conditions the Regulator considers appropriate, including, for example— (i) conditions about 1 or more matters mentioned in Schedule 2 ; and (ii) without limiting subparagraph (i) , intelligent access program conditions.\n- (i) conditions about 1 or more matters mentioned in Schedule 2 ; and\n- (ii) without limiting subparagraph (i) , intelligent access program conditions.\n- (i) conditions about 1 or more matters mentioned in Schedule 2 ; and\n- (ii) without limiting subparagraph (i) , intelligent access program conditions.\n- (a) prescribe conditions that are to apply only to particular areas or roads; and\n- (b) authorise the Regulator to decide the areas or roads to which the conditions are to apply.","sortOrder":274},{"sectionNumber":"sec.126","sectionType":"section","heading":"Period for which mass or dimension exemption (permit) applies","content":"### sec.126 Period for which mass or dimension exemption (permit) applies\n\nA mass or dimension exemption (permit) applies for the period stated in the permit for the exemption.\nThe period may be less than the period sought by the applicant for the mass or dimension exemption (permit).\nsch s 126 om 2025 No. 26 s 31 (uncommenced amendment)\n(sec.126-ssec.1) A mass or dimension exemption (permit) applies for the period stated in the permit for the exemption.\n(sec.126-ssec.2) The period may be less than the period sought by the applicant for the mass or dimension exemption (permit).","sortOrder":275},{"sectionNumber":"sec.127","sectionType":"section","heading":"Permit for mass or dimension exemption (permit) etc.","content":"### sec.127 Permit for mass or dimension exemption (permit) etc.\n\nIf the Regulator grants a mass or dimension exemption (permit) to a person, the Regulator must give the person—\na permit for the exemption; and\na notice stating the review and appeal information for any of the following decisions that is a reviewable decision—\nthe Regulator’s decision to grant the exemption for a period or impose a condition on the exemption;\na relevant road manager’s decision to consent to the grant of the exemption subject to a condition that a road condition or travel condition be imposed on the exemption.\nUnder section 641 (6) (a) , this notice must also state particular information about obtaining a statement of reasons for the decision.\nA permit for a mass or dimension exemption (permit) must state the following—\nthe name of the person to whom the permit is given;\na description of each heavy vehicle to which the exemption applies, including the registration number of the vehicle if it is registered;\nthe mass requirement or dimension requirement to which the exemption applies;\nthe areas or routes to which the exemption applies;\nthe conditions mentioned in section 125 (1) (b) , including, for example, by referencing the relevant provision of the national regulations;\nthe road conditions or travel conditions required by a relevant road manager for the exemption under section 160 or 161 ;\nthe other conditions of the exemption;\nthe period for which the exemption applies.\nsch s 127 amd 2019 No. 29 s 12\nom 2025 No. 26 s 31 (uncommenced amendment)\n(sec.127-ssec.1) If the Regulator grants a mass or dimension exemption (permit) to a person, the Regulator must give the person— a permit for the exemption; and a notice stating the review and appeal information for any of the following decisions that is a reviewable decision— the Regulator’s decision to grant the exemption for a period or impose a condition on the exemption; a relevant road manager’s decision to consent to the grant of the exemption subject to a condition that a road condition or travel condition be imposed on the exemption. Under section 641 (6) (a) , this notice must also state particular information about obtaining a statement of reasons for the decision.\n(sec.127-ssec.2) A permit for a mass or dimension exemption (permit) must state the following— the name of the person to whom the permit is given; a description of each heavy vehicle to which the exemption applies, including the registration number of the vehicle if it is registered; the mass requirement or dimension requirement to which the exemption applies; the areas or routes to which the exemption applies; the conditions mentioned in section 125 (1) (b) , including, for example, by referencing the relevant provision of the national regulations; the road conditions or travel conditions required by a relevant road manager for the exemption under section 160 or 161 ; the other conditions of the exemption; the period for which the exemption applies.\n- (a) a permit for the exemption; and\n- (b) a notice stating the review and appeal information for any of the following decisions that is a reviewable decision— (i) the Regulator’s decision to grant the exemption for a period or impose a condition on the exemption; (ii) a relevant road manager’s decision to consent to the grant of the exemption subject to a condition that a road condition or travel condition be imposed on the exemption. Note— Under section 641 (6) (a) , this notice must also state particular information about obtaining a statement of reasons for the decision.\n- (i) the Regulator’s decision to grant the exemption for a period or impose a condition on the exemption;\n- (ii) a relevant road manager’s decision to consent to the grant of the exemption subject to a condition that a road condition or travel condition be imposed on the exemption. Note— Under section 641 (6) (a) , this notice must also state particular information about obtaining a statement of reasons for the decision.\n- (i) the Regulator’s decision to grant the exemption for a period or impose a condition on the exemption;\n- (ii) a relevant road manager’s decision to consent to the grant of the exemption subject to a condition that a road condition or travel condition be imposed on the exemption. Note— Under section 641 (6) (a) , this notice must also state particular information about obtaining a statement of reasons for the decision.\n- (a) the name of the person to whom the permit is given;\n- (b) a description of each heavy vehicle to which the exemption applies, including the registration number of the vehicle if it is registered;\n- (c) the mass requirement or dimension requirement to which the exemption applies;\n- (d) the areas or routes to which the exemption applies;\n- (e) the conditions mentioned in section 125 (1) (b) , including, for example, by referencing the relevant provision of the national regulations;\n- (f) the road conditions or travel conditions required by a relevant road manager for the exemption under section 160 or 161 ;\n- (g) the other conditions of the exemption;\n- (h) the period for which the exemption applies.","sortOrder":276},{"sectionNumber":"sec.128","sectionType":"section","heading":"Refusal of application for mass or dimension exemption (permit)","content":"### sec.128 Refusal of application for mass or dimension exemption (permit)\n\nIf the Regulator refuses an application for a mass or dimension exemption (permit), the Regulator must give the applicant an information notice for the decision to refuse the application.\nSee section 166 for the requirements for an information notice relating to a relevant road manager’s decision not to give consent to the grant of a mass or dimension exemption (permit).\nsch s 128 om 2025 No. 26 s 31 (uncommenced amendment)","sortOrder":277},{"sectionNumber":"sch-inc-ch.4-pt.4.5-div.4","sectionType":"division","heading":"Operating under mass or dimension exemption","content":"## Operating under mass or dimension exemption","sortOrder":278},{"sectionNumber":"sec.129","sectionType":"section","heading":"Contravening condition of mass or dimension exemption generally","content":"### sec.129 Contravening condition of mass or dimension exemption generally\n\nThe driver or operator of a heavy vehicle being used on a road under a mass or dimension exemption must not contravene a condition of the exemption.\nMaximum penalty—$6000.\nA person must not use, or permit to be used, on a road a heavy vehicle that contravenes a condition of a mass or dimension exemption applying to the vehicle.\nMaximum penalty—$6000.\nA person must not use a heavy vehicle, or permit a heavy vehicle to be used, on a road in a way that contravenes a condition of a mass or dimension exemption applying to the vehicle.\nMaximum penalty—$6000.\nA person does not commit an offence against this Law in relation to a heavy vehicle contravening a mass requirement or dimension requirement if—\nthe vehicle is exempt, under a mass or dimension exemption, from compliance with the mass requirement or dimension requirement; and\nthe vehicle, and its use on a road, complies with the conditions of the exemption.\nHowever, if a person commits a condition offence—\nthe exemption does not operate in the person’s favour while the contravention constituting the offence continues; and\nthe exemption must be disregarded in deciding—\nwhether the person has committed an offence in relation to a contravention of a mass requirement or dimension requirement applying to a heavy vehicle; and\nthe risk category for the contravention.\nIf, because of the operation of subsection (5) , a person commits an offence against a provision of this Law (the other offence provision ) in relation to a mass requirement or dimension requirement to which an exemption under this Part applies, the person—\nmay be charged with the condition offence or an offence against the other offence provision; but\nmust not be charged with both offences.\nSubsection (1) does not apply to a condition mentioned in section 132 (1) .\nIn this section—\ncondition offence means an offence against subsection (1) , (2) or (3) .\n(sec.129-ssec.1) The driver or operator of a heavy vehicle being used on a road under a mass or dimension exemption must not contravene a condition of the exemption. Maximum penalty—$6000.\n(sec.129-ssec.2) A person must not use, or permit to be used, on a road a heavy vehicle that contravenes a condition of a mass or dimension exemption applying to the vehicle. Maximum penalty—$6000.\n(sec.129-ssec.3) A person must not use a heavy vehicle, or permit a heavy vehicle to be used, on a road in a way that contravenes a condition of a mass or dimension exemption applying to the vehicle. Maximum penalty—$6000.\n(sec.129-ssec.4) A person does not commit an offence against this Law in relation to a heavy vehicle contravening a mass requirement or dimension requirement if— the vehicle is exempt, under a mass or dimension exemption, from compliance with the mass requirement or dimension requirement; and the vehicle, and its use on a road, complies with the conditions of the exemption.\n(sec.129-ssec.5) However, if a person commits a condition offence— the exemption does not operate in the person’s favour while the contravention constituting the offence continues; and the exemption must be disregarded in deciding— whether the person has committed an offence in relation to a contravention of a mass requirement or dimension requirement applying to a heavy vehicle; and the risk category for the contravention.\n(sec.129-ssec.6) If, because of the operation of subsection (5) , a person commits an offence against a provision of this Law (the other offence provision ) in relation to a mass requirement or dimension requirement to which an exemption under this Part applies, the person— may be charged with the condition offence or an offence against the other offence provision; but must not be charged with both offences.\n(sec.129-ssec.7) Subsection (1) does not apply to a condition mentioned in section 132 (1) .\n(sec.129-ssec.8) In this section— condition offence means an offence against subsection (1) , (2) or (3) .\n- (a) the vehicle is exempt, under a mass or dimension exemption, from compliance with the mass requirement or dimension requirement; and\n- (b) the vehicle, and its use on a road, complies with the conditions of the exemption.\n- (a) the exemption does not operate in the person’s favour while the contravention constituting the offence continues; and\n- (b) the exemption must be disregarded in deciding— (i) whether the person has committed an offence in relation to a contravention of a mass requirement or dimension requirement applying to a heavy vehicle; and (ii) the risk category for the contravention.\n- (i) whether the person has committed an offence in relation to a contravention of a mass requirement or dimension requirement applying to a heavy vehicle; and\n- (ii) the risk category for the contravention.\n- (i) whether the person has committed an offence in relation to a contravention of a mass requirement or dimension requirement applying to a heavy vehicle; and\n- (ii) the risk category for the contravention.\n- (a) may be charged with the condition offence or an offence against the other offence provision; but\n- (b) must not be charged with both offences.","sortOrder":279},{"sectionNumber":"sec.130","sectionType":"section","heading":"Contravening condition of mass or dimension exemption relating to pilot or escort vehicle","content":"### sec.130 Contravening condition of mass or dimension exemption relating to pilot or escort vehicle\n\nThis section applies if a mass or dimension exemption is subject to a condition requiring a heavy vehicle to which the exemption applies to be accompanied by a pilot vehicle or escort vehicle while the heavy vehicle is used on a road.\nThe driver of the pilot vehicle or escort vehicle accompanying the heavy vehicle must comply with the conditions of the mass or dimension exemption about the use of the pilot vehicle or escort vehicle.\nMaximum penalty—$6000.\nThe operator of the heavy vehicle must ensure, so far as is reasonably practicable, the driver of the pilot vehicle or escort vehicle complies with subsection (2) .\nMaximum penalty—$6000.\nsch s 130 amd 2016 No. 65 s 20\n(sec.130-ssec.1) This section applies if a mass or dimension exemption is subject to a condition requiring a heavy vehicle to which the exemption applies to be accompanied by a pilot vehicle or escort vehicle while the heavy vehicle is used on a road.\n(sec.130-ssec.2) The driver of the pilot vehicle or escort vehicle accompanying the heavy vehicle must comply with the conditions of the mass or dimension exemption about the use of the pilot vehicle or escort vehicle. Maximum penalty—$6000.\n(sec.130-ssec.3) The operator of the heavy vehicle must ensure, so far as is reasonably practicable, the driver of the pilot vehicle or escort vehicle complies with subsection (2) . Maximum penalty—$6000.","sortOrder":280},{"sectionNumber":"sec.131","sectionType":"section","heading":"Using pilot vehicle with a heavy vehicle that contravenes certain conditions of mass or dimension exemption","content":"### sec.131 Using pilot vehicle with a heavy vehicle that contravenes certain conditions of mass or dimension exemption\n\nThe driver of a pilot vehicle must ensure the pilot vehicle does not accompany a heavy vehicle to which a mass or dimension exemption applies if the heavy vehicle, or its use on a road, contravenes a condition of the exemption because the heavy vehicle—\ntravels on a route not allowed under the exemption; or\ntravels at a time other than a time allowed under the exemption; or\nis accompanied by fewer than the number of pilot or escort vehicles required under the exemption.\nMaximum penalty—$6000.\nIf a person is both the driver of a pilot vehicle accompanying a heavy vehicle to which a mass or dimension exemption applies and an operator of the heavy vehicle, the person may, in relation to the heavy vehicle or its use on a road contravening a condition of the exemption of the kind contemplated by subsection (1) , be prosecuted under section 129 or subsection (1) , but not both.\n(sec.131-ssec.1) The driver of a pilot vehicle must ensure the pilot vehicle does not accompany a heavy vehicle to which a mass or dimension exemption applies if the heavy vehicle, or its use on a road, contravenes a condition of the exemption because the heavy vehicle— travels on a route not allowed under the exemption; or travels at a time other than a time allowed under the exemption; or is accompanied by fewer than the number of pilot or escort vehicles required under the exemption. Maximum penalty—$6000.\n(sec.131-ssec.2) If a person is both the driver of a pilot vehicle accompanying a heavy vehicle to which a mass or dimension exemption applies and an operator of the heavy vehicle, the person may, in relation to the heavy vehicle or its use on a road contravening a condition of the exemption of the kind contemplated by subsection (1) , be prosecuted under section 129 or subsection (1) , but not both.\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; or\n- (c) is accompanied by fewer than the number of pilot or escort vehicles required under the exemption.","sortOrder":281},{"sectionNumber":"sec.132","sectionType":"section","heading":"Keeping relevant document while driving under mass or dimension exemption (notice)","content":"### sec.132 Keeping relevant document while driving under mass or dimension exemption (notice)\n\nThis section applies if a mass or dimension exemption (notice) is subject to the condition that the driver of a class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under the exemption must keep a relevant document in the driver’s possession.\nA driver of the class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under the mass or dimension exemption (notice) must comply with the condition.\nMaximum penalty—$3000.\nEach relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2) , unless the relevant party has a reasonable excuse.\nMaximum penalty—$3000.\nIn this section—\nrelevant document , for a mass or dimension exemption (notice), means a copy of—\nthe Commonwealth Gazette notice for the exemption; or\nan information sheet about the exemption published by the Regulator on the Regulator’s website.\nrelevant party , for the driver of a class 1 heavy vehicle or class 3 heavy vehicle, means—\nan employer of the driver if the driver is an employed driver; or\na prime contractor of the driver if the driver is a self-employed driver; or\nan operator of the vehicle if the driver is making a journey for the operator.\nsch s 132 amd 2016 No. 65 s 21\n(sec.132-ssec.1) This section applies if a mass or dimension exemption (notice) is subject to the condition that the driver of a class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under the exemption must keep a relevant document in the driver’s possession.\n(sec.132-ssec.2) A driver of the class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under the mass or dimension exemption (notice) must comply with the condition. Maximum penalty—$3000.\n(sec.132-ssec.3) Each relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2) , unless the relevant party has a reasonable excuse. Maximum penalty—$3000.\n(sec.132-ssec.7) In this section— relevant document , for a mass or dimension exemption (notice), means a copy of— the Commonwealth Gazette notice for the exemption; or an information sheet about the exemption published by the Regulator on the Regulator’s website. relevant party , for the driver of a class 1 heavy vehicle or class 3 heavy vehicle, means— an employer of the driver if the driver is an employed driver; or a prime contractor of the driver if the driver is a self-employed driver; or an operator of the vehicle if the driver is making a journey for the operator.\n- (a) the Commonwealth Gazette notice for the exemption; or\n- (b) an information sheet about the exemption published by the Regulator on the Regulator’s website.\n- (a) an employer of the driver if the driver is an employed driver; or\n- (b) a prime contractor of the driver if the driver is a self-employed driver; or\n- (c) an operator of the vehicle if the driver is making a journey for the operator.","sortOrder":282},{"sectionNumber":"sec.133","sectionType":"section","heading":"Keeping copy of permit while driving under mass or dimension exemption (permit)","content":"### sec.133 Keeping copy of permit while driving under mass or dimension exemption (permit)\n\nThe driver of a class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under a mass or dimension exemption (permit) must keep a copy of the permit for the exemption in the driver’s possession.\nMaximum penalty—$3000.\nIf the driver of a class 1 heavy vehicle or class 3 heavy vehicle is driving the vehicle under a mass or dimension exemption (permit) granted to a relevant party for the driver and the relevant party has given the driver a copy of a permit for the purpose of subsection (1) , the driver must, as soon as reasonably practicable, return the copy to the relevant party if the driver stops working for the relevant party.\nMaximum penalty—$4000.\nEach relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1) , unless the relevant party has a reasonable excuse.\nMaximum penalty—$3000.\nIn this section—\nrelevant party , for the driver of a class 1 heavy vehicle or class 3 heavy vehicle, means—\nan employer of the driver if the driver is an employed driver; or\na prime contractor of the driver if the driver is a self-employed driver; or\nan operator of the vehicle if the driver is making a journey for the operator.\nsch s 133 amd 2016 No. 65 s 22\nom 2025 No. 26 s 32 (uncommenced amendment)\n(sec.133-ssec.1) The driver of a class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under a mass or dimension exemption (permit) must keep a copy of the permit for the exemption in the driver’s possession. Maximum penalty—$3000.\n(sec.133-ssec.2) If the driver of a class 1 heavy vehicle or class 3 heavy vehicle is driving the vehicle under a mass or dimension exemption (permit) granted to a relevant party for the driver and the relevant party has given the driver a copy of a permit for the purpose of subsection (1) , the driver must, as soon as reasonably practicable, return the copy to the relevant party if the driver stops working for the relevant party. Maximum penalty—$4000.\n(sec.133-ssec.3) Each relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1) , unless the relevant party has a reasonable excuse. Maximum penalty—$3000.\n(sec.133-ssec.7) In this section— relevant party , for the driver of a class 1 heavy vehicle or class 3 heavy vehicle, means— an employer of the driver if the driver is an employed driver; or a prime contractor of the driver if the driver is a self-employed driver; or an operator of the vehicle if the driver is making a journey for the operator.\n- (a) an employer of the driver if the driver is an employed driver; or\n- (b) a prime contractor of the driver if the driver is a self-employed driver; or\n- (c) an operator of the vehicle if the driver is making a journey for the operator.","sortOrder":283},{"sectionNumber":"sch-inc-ch.4-pt.4.5-div.5","sectionType":"division","heading":"Other provision","content":"## Other provision","sortOrder":284},{"sectionNumber":"sec.134","sectionType":"section","heading":"Displaying warning signs on vehicles if not required by dimension exemption","content":"### sec.134 Displaying warning signs on vehicles if not required by dimension exemption\n\nA heavy vehicle warning sign must not be displayed on a heavy vehicle unless it is being used under a dimension exemption.\nMaximum penalty—$3000.\nA pilot vehicle warning sign must not be displayed on a vehicle unless it is being used as a pilot vehicle for a heavy vehicle being used under a dimension exemption.\nMaximum penalty—$3000.\nIn this section—\ndimension exemption means an exemption under this Part from compliance with a dimension requirement.\nheavy vehicle warning sign means a warning sign required under the national regulations to be attached to a heavy vehicle being used under a dimension exemption.\npilot vehicle warning sign means a warning sign required under the national regulations to be attached to a vehicle being used as a pilot vehicle for a heavy vehicle being used under a dimension exemption.\nsch s 134 om 2025 No. 26 s 33 (uncommenced amendment)\n(sec.134-ssec.1) A heavy vehicle warning sign must not be displayed on a heavy vehicle unless it is being used under a dimension exemption. Maximum penalty—$3000.\n(sec.134-ssec.2) A pilot vehicle warning sign must not be displayed on a vehicle unless it is being used as a pilot vehicle for a heavy vehicle being used under a dimension exemption. Maximum penalty—$3000.\n(sec.134-ssec.3) In this section— dimension exemption means an exemption under this Part from compliance with a dimension requirement. heavy vehicle warning sign means a warning sign required under the national regulations to be attached to a heavy vehicle being used under a dimension exemption. pilot vehicle warning sign means a warning sign required under the national regulations to be attached to a vehicle being used as a pilot vehicle for a heavy vehicle being used under a dimension exemption.","sortOrder":285},{"sectionNumber":"sch-inc-ch.4-pt.4.6","sectionType":"part","heading":"Restricting access to roads by large vehicles that are not overmass or oversize vehicles","content":"# Restricting access to roads by large vehicles that are not overmass or oversize vehicles","sortOrder":286},{"sectionNumber":"sch-inc-ch.4-pt.4.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":287},{"sectionNumber":"sec.135","sectionType":"section","heading":"Main purpose of Pt 4.6","content":"### sec.135 Main purpose of Pt 4.6\n\nThe main purpose of this Part is to restrict access to roads by heavy vehicles that, while complying with mass requirements and dimension requirements applying to them, may, because of their size—\nendanger public safety; or\ndamage road infrastructure; or\nadversely affect public amenity.\n- (a) endanger public safety; or\n- (b) damage road infrastructure; or\n- (c) adversely affect public amenity.","sortOrder":288},{"sectionNumber":"sec.136","sectionType":"section","heading":"Class 2 heavy vehicles","content":"### sec.136 Class 2 heavy vehicles\n\nA heavy vehicle is a class 2 heavy vehicle if—\nit—\ncomplies with the prescribed mass requirements and prescribed dimension requirements applying to it; and\nis—\na B-double; or\na road train; or\na bus, other than an articulated bus, that is longer than 12.5m; or\na combination designed and built to carry vehicles on more than 1 deck that, together with its load is longer than 19m or higher than 4.3m; or\na motor vehicle, or a combination, that is higher than 4.3m and is built to carry cattle, sheep, pigs or horses; or\nit is a PBS vehicle other than a specified PBS vehicle.\nIn this section—\nspecified PBS vehicle means a PBS vehicle that—\nis not a bus; and\nis not longer than 20m; and\nis the subject of a current PBS vehicle approval at performance level 1; and\ncomplies with the PBS vehicle approval; and\ncomplies with the general mass limits for the vehicle, regardless of whether the PBS vehicle approval authorises a higher mass limit.\nGeneral mass limits for a vehicle may be included in prescribed mass requirements under section 95 .\nsch s 136 sub 2013 No. 4 s 12\namd 2018 No. 18 s 13\nsub 2025 No. 26 s 34 (uncommenced amendment)\n(sec.136-ssec.1) A heavy vehicle is a class 2 heavy vehicle if— it— complies with the prescribed mass requirements and prescribed dimension requirements applying to it; and is— a B-double; or a road train; or a bus, other than an articulated bus, that is longer than 12.5m; or a combination designed and built to carry vehicles on more than 1 deck that, together with its load is longer than 19m or higher than 4.3m; or a motor vehicle, or a combination, that is higher than 4.3m and is built to carry cattle, sheep, pigs or horses; or it is a PBS vehicle other than a specified PBS vehicle.\n(sec.136-ssec.2) In this section— specified PBS vehicle means a PBS vehicle that— is not a bus; and is not longer than 20m; and is the subject of a current PBS vehicle approval at performance level 1; and complies with the PBS vehicle approval; and complies with the general mass limits for the vehicle, regardless of whether the PBS vehicle approval authorises a higher mass limit. General mass limits for a vehicle may be included in prescribed mass requirements under section 95 .\n- (a) it— (i) complies with the prescribed mass requirements and prescribed dimension requirements applying to it; and (ii) is— (A) a B-double; or (B) a road train; or (C) a bus, other than an articulated bus, that is longer than 12.5m; or (D) a combination designed and built to carry vehicles on more than 1 deck that, together with its load is longer than 19m or higher than 4.3m; or (E) a motor vehicle, or a combination, that is higher than 4.3m and is built to carry cattle, sheep, pigs or horses; or\n- (i) complies with the prescribed mass requirements and prescribed dimension requirements applying to it; and\n- (ii) is— (A) a B-double; or (B) a road train; or (C) a bus, other than an articulated bus, that is longer than 12.5m; or (D) a combination designed and built to carry vehicles on more than 1 deck that, together with its load is longer than 19m or higher than 4.3m; or (E) a motor vehicle, or a combination, that is higher than 4.3m and is built to carry cattle, sheep, pigs or horses; or\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 12.5m; or\n- (D) a combination designed and built to carry vehicles on more than 1 deck that, together with its load is longer than 19m or higher than 4.3m; or\n- (E) a motor vehicle, or a combination, that is higher than 4.3m and is built to carry cattle, sheep, pigs or horses; or\n- (b) it is a PBS vehicle other than a specified PBS vehicle.\n- (i) complies with the prescribed mass requirements and prescribed dimension requirements applying to it; and\n- (ii) is— (A) a B-double; or (B) a road train; or (C) a bus, other than an articulated bus, that is longer than 12.5m; or (D) a combination designed and built to carry vehicles on more than 1 deck that, together with its load is longer than 19m or higher than 4.3m; or (E) a motor vehicle, or a combination, that is higher than 4.3m and is built to carry cattle, sheep, pigs or horses; or\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 12.5m; or\n- (D) a combination designed and built to carry vehicles on more than 1 deck that, together with its load is longer than 19m or higher than 4.3m; or\n- (E) a motor vehicle, or a combination, that is higher than 4.3m and is built to carry cattle, sheep, pigs or horses; or\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 12.5m; or\n- (D) a combination designed and built to carry vehicles on more than 1 deck that, together with its load is longer than 19m or higher than 4.3m; or\n- (E) a motor vehicle, or a combination, that is higher than 4.3m and is built to carry cattle, sheep, pigs or horses; or\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 level 1; and\n- (d) complies with the PBS vehicle approval; and\n- (e) complies with the general mass limits for the vehicle, regardless of whether the PBS vehicle approval authorises a higher mass limit.","sortOrder":289},{"sectionNumber":"sch-inc-ch.4-pt.4.6-div.2","sectionType":"division","heading":"Restriction","content":"## Restriction","sortOrder":290},{"sectionNumber":"sec.137","sectionType":"section","heading":"Using class 2 heavy vehicle","content":"### sec.137 Using class 2 heavy vehicle\n\nA person must not use a class 2 heavy vehicle, or permit a class 2 heavy vehicle to be used, on a road other than in accordance with a class 2 heavy vehicle authorisation.\nMaximum penalty—$6000.","sortOrder":291},{"sectionNumber":"sch-inc-ch.4-pt.4.6-div.3","sectionType":"division","heading":"Authorisation by Commonwealth Gazette notice","content":"## Authorisation by Commonwealth Gazette notice","sortOrder":292},{"sectionNumber":"sec.138","sectionType":"section","heading":"Regulator’s power to authorise use of all or stated categories of class 2 heavy vehicles","content":"### sec.138 Regulator’s power to authorise use of all or stated categories of class 2 heavy vehicles\n\nThe Regulator may, by Commonwealth Gazette notice complying with section 142 , authorise, for a period of not more than 5 years, the use of all or stated categories of class 2 heavy vehicles in one or more of the following ways—\nin stated areas or on stated routes;\nduring stated hours of stated days;\nin the case of PBS vehicles, in accordance with a stated requirement that the vehicles are operated in accordance with the conditions contained in a PBS vehicle approval.\nAn authorisation under subsection (1) is a class 2 heavy vehicle authorisation (notice) .\nSee Division 3 of Part 4.7 in relation to amendment, suspension or cancellation of a class 2 heavy vehicle authorisation (notice).\n(sec.138-ssec.1) The Regulator may, by Commonwealth Gazette notice complying with section 142 , authorise, for a period of not more than 5 years, the use of all or stated categories of class 2 heavy vehicles in one or more of the following ways— in stated areas or on stated routes; during stated hours of stated days; in the case of PBS vehicles, in accordance with a stated requirement that the vehicles are operated in accordance with the conditions contained in a PBS vehicle approval.\n(sec.138-ssec.2) An authorisation under subsection (1) is a class 2 heavy vehicle authorisation (notice) . See Division 3 of Part 4.7 in relation to amendment, suspension or cancellation of a class 2 heavy vehicle authorisation (notice).\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 requirement that the vehicles are operated in accordance with the conditions contained in a PBS vehicle approval.","sortOrder":293},{"sectionNumber":"sec.139","sectionType":"section","heading":"Restriction on grant of class 2 heavy vehicle authorisation (notice)","content":"### sec.139 Restriction on grant of class 2 heavy vehicle authorisation (notice)\n\nThe Regulator may grant a class 2 heavy vehicle authorisation (notice) only if—\nthe Regulator is satisfied the use of class 2 heavy vehicles, or the stated categories of class 2 heavy vehicles, on a road under the authorisation will not pose a significant risk to public safety; and\neach relevant road manager for the authorisation has consented to the grant; and\nthe Regulator is satisfied all other consents required for the authorisation under the law of the relevant jurisdiction have been obtained or given.\nIn deciding whether to grant a class 2 heavy vehicle authorisation (notice), the Regulator must have regard to the approved guidelines for granting class 2 heavy vehicle authorisations.\n(sec.139-ssec.1) The Regulator may grant a class 2 heavy vehicle authorisation (notice) only if— the Regulator is satisfied the use of class 2 heavy vehicles, or the stated categories of class 2 heavy vehicles, on a road under the authorisation will not pose a significant risk to public safety; and each relevant road manager for the authorisation has consented to the grant; and the Regulator is satisfied all other consents required for the authorisation under the law of the relevant jurisdiction have been obtained or given.\n(sec.139-ssec.2) In deciding whether to grant a class 2 heavy vehicle authorisation (notice), the Regulator must have regard to the approved guidelines for granting class 2 heavy vehicle authorisations.\n- (a) the Regulator is satisfied the use of class 2 heavy vehicles, or the stated categories of class 2 heavy vehicles, on a road under the authorisation will not pose a significant risk to public safety; and\n- (b) each relevant road manager for the authorisation has consented to the grant; and\n- (c) the Regulator is satisfied all other consents required for the authorisation under the law of the relevant jurisdiction have been obtained or given.","sortOrder":294},{"sectionNumber":"sec.140","sectionType":"section","heading":"Conditions of class 2 heavy vehicle authorisation (notice)","content":"### sec.140 Conditions of class 2 heavy vehicle authorisation (notice)\n\nA class 2 heavy vehicle authorisation (notice)—\nmust be subject to the road conditions or travel conditions required by a road manager for the authorisation under section 160 or 161 ; and\nUnder sections 160 (1) (b) and (4) , a road manager may only require road conditions of a type prescribed by the national regulations.\nmay be subject to other conditions the regulator considers appropriate, including, for example, a condition that the driver of a class 2 heavy vehicle who is driving the vehicle under the authorisation must keep in the driver’s possession a copy of—\nthe Commonwealth Gazette notice for the authorisation; or\nan information sheet about the authorisation published by the Regulator on the Regulator’s website.\nsch s 140 sub 2015 No. 12 s 11\n- (a) must be subject to the road conditions or travel conditions required by a road manager for the authorisation under section 160 or 161 ; and Note— Under sections 160 (1) (b) and (4) , a road manager may only require road conditions of a type prescribed by the national regulations.\n- (b) may be subject to other conditions the regulator considers appropriate, including, for example, a condition that the driver of a class 2 heavy vehicle who is driving the vehicle under the authorisation must keep in the driver’s possession a copy of— (i) the Commonwealth Gazette notice for the authorisation; or (ii) an information sheet about the authorisation published by the Regulator on the Regulator’s website.\n- (i) the Commonwealth Gazette notice for the authorisation; or\n- (ii) an information sheet about the authorisation published by the Regulator on the Regulator’s website.\n- (i) the Commonwealth Gazette notice for the authorisation; or\n- (ii) an information sheet about the authorisation published by the Regulator on the Regulator’s website.","sortOrder":295},{"sectionNumber":"sec.141","sectionType":"section","heading":"Period for which class 2 heavy vehicle authorisation (notice) applies","content":"### sec.141 Period for which class 2 heavy vehicle authorisation (notice) applies\n\nA class 2 heavy vehicle authorisation (notice)—\ntakes effect—\nwhen the Commonwealth Gazette notice for the authorisation is published; or\nif a later time is stated in the Commonwealth Gazette notice, at the later time; and\napplies for the period stated in the Commonwealth Gazette notice.\n- (a) takes effect— (i) when the Commonwealth Gazette notice for the authorisation is published; or (ii) if a later time is stated in the Commonwealth Gazette notice, at the later time; and\n- (i) when the Commonwealth Gazette notice for the authorisation is published; or\n- (ii) if a later time is stated in the Commonwealth Gazette notice, at the later time; and\n- (b) applies for the period stated in the Commonwealth Gazette notice.\n- (i) when the Commonwealth Gazette notice for the authorisation is published; or\n- (ii) if a later time is stated in the Commonwealth Gazette notice, at the later time; and","sortOrder":296},{"sectionNumber":"sec.142","sectionType":"section","heading":"Requirements about Commonwealth Gazette notice etc.","content":"### sec.142 Requirements about Commonwealth Gazette notice etc.\n\nA Commonwealth Gazette notice for a class 2 heavy vehicle authorisation (notice) must state the following—\nthat the authorisation applies to all class 2 heavy vehicles or, if the authorisation only applies to particular categories of class 2 heavy vehicles, the categories of class 2 heavy vehicles to which the authorisation applies;\nthe areas or routes to which the authorisation applies;\nthe days and hours to which the authorisation applies;\nany conditions applying to class 2 heavy vehicles being used on a road under the authorisation;\nthe period for which the authorisation applies.\nWithout limiting subsection (1) (b) , the notice may state the areas or routes under the subsection by—\napplying by reference a stated map or stated list, not in the notice, prepared and published by the relevant road authority or the Regulator; and\nreferring to the areas or routes shown on the stated map or list.\nWithout limiting subsection (1) (d) , the notice may state road conditions or travel conditions under the subsection by referring to road conditions or travel conditions shown on a stated map or stated list applied under subsection (2) (a) .\nThe Regulator must publish a copy of the notice on the Regulator’s website.\nIf the notice applies a stated map or stated list—\nthe Regulator may amend the stated map or stated list prepared and published by it and the relevant road authority may amend the stated map or stated list prepared and published by it, but only by omitting, varying or extending—\nthe areas or routes mentioned in subsection (2) (b) ; or\nthe road conditions or travel conditions mentioned in subsection (3) ;\nincluding by adding additional areas, routes, road conditions or travel conditions; and\nthe Regulator must ensure a copy of the stated map or stated list as in force from time to time is—\nmade available for inspection, without charge, during normal business hours at each office of the Regulator; and\npublished on the Regulator’s website or published by way of a reference or link published on the Regulator’s website.\nThe Regulator must publish a stated map or stated list whether the Regulator or a relevant road authority originally prepared and published it as mentioned in subsection (2) .\nDespite subsection (5) (a) , a road authority may only amend a map or list in a way that affects a particular road if—\nthe road authority is the road manager for the road; or\nthe road authority is not the road manager for the road and has been advised by the Regulator that the Regulator has obtained the consent of the road manager for the amendment.\nIn this section—\nrelevant road authority , for a class 2 heavy vehicle authorisation (notice), means the road authority for the participating jurisdiction in which the road likely to be travelled under the authorisation is situated.\nroad conditions means road conditions required by the relevant road manager under section 160 .\ntravel conditions means travel conditions required by the relevant road manager under section 161 .\nsch s 142 amd 2015 No. 12 s 12\n(sec.142-ssec.1) A Commonwealth Gazette notice for a class 2 heavy vehicle authorisation (notice) must state the following— that the authorisation applies to all class 2 heavy vehicles or, if the authorisation only applies to particular categories of class 2 heavy vehicles, the categories of class 2 heavy vehicles to which the authorisation applies; the areas or routes to which the authorisation applies; the days and hours to which the authorisation applies; any conditions applying to class 2 heavy vehicles being used on a road under the authorisation; the period for which the authorisation applies.\n(sec.142-ssec.2) Without limiting subsection (1) (b) , the notice may state the areas or routes under the subsection by— applying by reference a stated map or stated list, not in the notice, prepared and published by the relevant road authority or the Regulator; and referring to the areas or routes shown on the stated map or list.\n(sec.142-ssec.3) Without limiting subsection (1) (d) , the notice may state road conditions or travel conditions under the subsection by referring to road conditions or travel conditions shown on a stated map or stated list applied under subsection (2) (a) .\n(sec.142-ssec.4) The Regulator must publish a copy of the notice on the Regulator’s website.\n(sec.142-ssec.5) If the notice applies a stated map or stated list— the Regulator may amend the stated map or stated list prepared and published by it and the relevant road authority may amend the stated map or stated list prepared and published by it, but only by omitting, varying or extending— the areas or routes mentioned in subsection (2) (b) ; or the road conditions or travel conditions mentioned in subsection (3) ; including by adding additional areas, routes, road conditions or travel conditions; and the Regulator must ensure a copy of the stated map or stated list as in force from time to time is— made available for inspection, without charge, during normal business hours at each office of the Regulator; and published on the Regulator’s website or published by way of a reference or link published on the Regulator’s website. The Regulator must publish a stated map or stated list whether the Regulator or a relevant road authority originally prepared and published it as mentioned in subsection (2) .\n(sec.142-ssec.6) Despite subsection (5) (a) , a road authority may only amend a map or list in a way that affects a particular road if— the road authority is the road manager for the road; or the road authority is not the road manager for the road and has been advised by the Regulator that the Regulator has obtained the consent of the road manager for the amendment.\n(sec.142-ssec.7) In this section— relevant road authority , for a class 2 heavy vehicle authorisation (notice), means the road authority for the participating jurisdiction in which the road likely to be travelled under the authorisation is situated. road conditions means road conditions required by the relevant road manager under section 160 . travel conditions means travel conditions required by the relevant road manager under section 161 .\n- (a) that the authorisation applies to all class 2 heavy vehicles or, if the authorisation only applies to particular categories of class 2 heavy vehicles, the categories of class 2 heavy vehicles to which the 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 a road under the authorisation;\n- (e) the period for which the authorisation applies.\n- (a) applying by reference a stated map or stated list, not in the notice, prepared and published by the relevant road authority or the Regulator; and\n- (b) referring to the areas or routes shown on the stated map or list.\n- (a) the Regulator may amend the stated map or stated list prepared and published by it and the relevant road authority may amend the stated map or stated list prepared and published by it, but only by omitting, varying or extending— (i) the areas or routes mentioned in subsection (2) (b) ; or (ii) the road conditions or travel conditions mentioned in subsection (3) ; including by adding additional areas, routes, road conditions or travel conditions; and\n- (i) the areas or routes mentioned in subsection (2) (b) ; or\n- (ii) the road conditions or travel conditions mentioned in subsection (3) ;\n- (b) the Regulator must ensure a copy of the stated map or stated list as in force from time to time is— (i) made available for inspection, without charge, during normal business hours at each office of the Regulator; and (ii) published on the Regulator’s website or published by way of a reference or link published on the Regulator’s website. Note— The Regulator must publish a stated map or stated list whether the Regulator or a relevant road authority originally prepared and published it as mentioned in subsection (2) .\n- (i) made available for inspection, without charge, during normal business hours at each office of the Regulator; and\n- (ii) published on the Regulator’s website or published by way of a reference or link published on the Regulator’s website.\n- (i) the areas or routes mentioned in subsection (2) (b) ; or\n- (ii) the road conditions or travel conditions mentioned in subsection (3) ;\n- (i) made available for inspection, without charge, during normal business hours at each office of the Regulator; and\n- (ii) published on the Regulator’s website or published by way of a reference or link published on the Regulator’s website.\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 been advised by the Regulator that the Regulator has obtained the consent of the road manager for the amendment.","sortOrder":297},{"sectionNumber":"sec.142A","sectionType":"section","heading":"Process for amending stated map or stated list","content":"### sec.142A Process for amending stated map or stated list\n\nThis section applies to the amendment of a stated map or stated list mentioned in section 142 .\nFor the purpose of an amendment by the Regulator only adding an additional area or route to a stated map or stated list—\nsection 139 applies; and\nDivision 2 of Part 4.7 applies to the extent the division relates to the grant of a class 2 heavy vehicle authorisation (notice); and\nDivision 3 of Part 4.7 does not apply.\nFor the purpose of subsection (2) , section 139 and Division 2 of Part 4.7 apply as if—\na reference to the grant of a class 2 heavy vehicle authorisation (notice) or a mass or dimension authority were a reference to the adding of the additional area or route; and\na reference to the relevant road manager for a class 2 heavy vehicle authorisation (notice) or a mass or dimension authority were a reference to the relevant road manager for the authorisation or authority that applies the stated map or stated list.\nFor the purpose of an amendment by the relevant road authority only adding an additional area or route to, or only removing a road condition or travel condition from, a stated map or stated list, section 139 and Part 4.7 do not apply.\nFor the purpose of an amendment by the Regulator or a relevant road authority if subsections (2) to (4) do not apply, Division 3 of Part 4.7 applies to the extent the division relates to the amendment of a class 2 heavy vehicle authorisation (notice).\nFor the purpose of subsection (5) , Division 3 of Part 4.7 applies as if—\na reference to the amendment of a mass or dimension authority were a reference to the amendment of the stated map or stated list; and\na reference to the Regulator were a reference to the Regulator or the relevant road authority, whichever is amending the stated map or stated list; and\na reference to the relevant road manager for a mass or dimension authority were a reference to the relevant road manager for the authority that applies the stated map or stated list.\nsch s 142A ins 2015 No. 12 s 13\n(sec.142A-ssec.1) This section applies to the amendment of a stated map or stated list mentioned in section 142 .\n(sec.142A-ssec.2) For the purpose of an amendment by the Regulator only adding an additional area or route to a stated map or stated list— section 139 applies; and Division 2 of Part 4.7 applies to the extent the division relates to the grant of a class 2 heavy vehicle authorisation (notice); and Division 3 of Part 4.7 does not apply.\n(sec.142A-ssec.3) For the purpose of subsection (2) , section 139 and Division 2 of Part 4.7 apply as if— a reference to the grant of a class 2 heavy vehicle authorisation (notice) or a mass or dimension authority were a reference to the adding of the additional area or route; and a reference to the relevant road manager for a class 2 heavy vehicle authorisation (notice) or a mass or dimension authority were a reference to the relevant road manager for the authorisation or authority that applies the stated map or stated list.\n(sec.142A-ssec.4) For the purpose of an amendment by the relevant road authority only adding an additional area or route to, or only removing a road condition or travel condition from, a stated map or stated list, section 139 and Part 4.7 do not apply.\n(sec.142A-ssec.5) For the purpose of an amendment by the Regulator or a relevant road authority if subsections (2) to (4) do not apply, Division 3 of Part 4.7 applies to the extent the division relates to the amendment of a class 2 heavy vehicle authorisation (notice).\n(sec.142A-ssec.6) For the purpose of subsection (5) , Division 3 of Part 4.7 applies as if— a reference to the amendment of a mass or dimension authority were a reference to the amendment of the stated map or stated list; and a reference to the Regulator were a reference to the Regulator or the relevant road authority, whichever is amending the stated map or stated list; and a reference to the relevant road manager for a mass or dimension authority were a reference to the relevant road manager for the authority that applies the 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 the grant of a class 2 heavy vehicle authorisation (notice); and\n- (c) Division 3 of Part 4.7 does not apply.\n- (a) a reference to the grant of a class 2 heavy vehicle authorisation (notice) or a mass or dimension authority were a reference to the adding of the additional area or route; and\n- (b) a reference to the relevant road manager for a class 2 heavy vehicle authorisation (notice) or a mass or dimension authority were a reference to the relevant road manager for the authorisation or authority that applies the stated map or stated list.\n- (a) a reference to the amendment of a mass or dimension authority were a reference to the amendment of the stated map or stated list; and\n- (b) a reference to the Regulator were a reference to the Regulator or the relevant road authority, whichever is amending the stated map or stated list; and\n- (c) a reference to the relevant road manager for a mass or dimension authority were a reference to the relevant road manager for the authority that applies the stated map or stated list.","sortOrder":298},{"sectionNumber":"sch-inc-ch.4-pt.4.6-div.4","sectionType":"division","heading":"Authorisation by permit","content":"## Authorisation by permit","sortOrder":299},{"sectionNumber":"sec.143","sectionType":"section","heading":"Regulator’s power to authorise use of a particular class 2 heavy vehicle","content":"### sec.143 Regulator’s power to authorise use of a particular class 2 heavy vehicle\n\nThe Regulator may, by giving a person a permit as mentioned in section 148 , authorise, for a period of not more than 3 years, the use of a class 2 heavy vehicle—\nin stated areas or on stated routes; and\nduring stated hours of stated days.\nAn authorisation under subsection (1) is a class 2 heavy vehicle authorisation (permit) .\nA class 2 heavy vehicle authorisation (permit) may apply to 1 or more heavy vehicles.\nSee Division 4 of Part 4.7 in relation to amendment, suspension or cancellation of a class 2 heavy vehicle authorisation (permit).\nsch s 143 sub 2025 No. 26 s 35 (uncommenced amendment)\n(sec.143-ssec.1) The Regulator may, by giving a person a permit as mentioned in section 148 , authorise, for a period of not more than 3 years, the use of a class 2 heavy vehicle— in stated areas or on stated routes; and during stated hours of stated days.\n(sec.143-ssec.2) An authorisation under subsection (1) is a class 2 heavy vehicle authorisation (permit) .\n(sec.143-ssec.3) A class 2 heavy vehicle authorisation (permit) may apply to 1 or more heavy vehicles. See Division 4 of Part 4.7 in relation to amendment, suspension or cancellation of a class 2 heavy vehicle authorisation (permit).\n- (a) in stated areas or on stated routes; and\n- (b) during stated hours of stated days.","sortOrder":300},{"sectionNumber":"sec.144","sectionType":"section","heading":"Application for class 2 heavy vehicle authorisation (permit)","content":"### sec.144 Application for class 2 heavy vehicle authorisation (permit)\n\nA person may apply to the Regulator for a class 2 heavy vehicle authorisation (permit).\nThe application must be—\nin the approved form; and\naccompanied by the prescribed fee for the application.\nThe Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\nsch s 144 om 2025 No. 26 s 35 (uncommenced amendment)\n(sec.144-ssec.1) A person may apply to the Regulator for a class 2 heavy vehicle authorisation (permit).\n(sec.144-ssec.2) The application must be— in the approved form; and accompanied by the prescribed fee for the application.\n(sec.144-ssec.3) The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\n- (a) in the approved form; and\n- (b) accompanied by the prescribed fee for the application.","sortOrder":301},{"sectionNumber":"sec.145","sectionType":"section","heading":"Restriction on grant of class 2 heavy vehicle authorisation (permit)","content":"### sec.145 Restriction on grant of class 2 heavy vehicle authorisation (permit)\n\nThe Regulator may grant a class 2 heavy vehicle authorisation (permit) for a class 2 heavy vehicle only if—\nthe Regulator is satisfied the use of the class 2 heavy vehicle on a road under the authorisation will not pose a significant risk to public safety; and\neach relevant road manager for the authorisation has consented to the grant; and\nthe Regulator is satisfied all other consents required for the authorisation under the law of the relevant jurisdiction have been obtained by the applicant or have been otherwise given.\nIn deciding whether to grant a class 2 heavy vehicle authorisation (permit), the Regulator must have regard to the approved guidelines for granting class 2 heavy vehicle authorisations.\nsch s 145 om 2025 No. 26 s 35 (uncommenced amendment)\n(sec.145-ssec.1) The Regulator may grant a class 2 heavy vehicle authorisation (permit) for a class 2 heavy vehicle only if— the Regulator is satisfied the use of the class 2 heavy vehicle on a road under the authorisation will not pose a significant risk to public safety; and each relevant road manager for the authorisation has consented to the grant; and the Regulator is satisfied all other consents required for the authorisation under the law of the relevant jurisdiction have been obtained by the applicant or have been otherwise given.\n(sec.145-ssec.2) In deciding whether to grant a class 2 heavy vehicle authorisation (permit), the Regulator must have regard to the approved guidelines for granting class 2 heavy vehicle authorisations.\n- (a) the Regulator is satisfied the use of the class 2 heavy vehicle on a road under the authorisation will not pose a significant risk to public safety; and\n- (b) each relevant road manager for the authorisation has consented to the grant; and\n- (c) the Regulator is satisfied all other consents required for the authorisation under the law of the relevant jurisdiction have been obtained by the applicant or have been otherwise given.","sortOrder":302},{"sectionNumber":"sec.146","sectionType":"section","heading":"Conditions of class 2 heavy vehicle authorisation (permit)","content":"### sec.146 Conditions of class 2 heavy vehicle authorisation (permit)\n\nA class 2 heavy vehicle authorisation (permit)—\nmust be subject to the road conditions or travel conditions required by a relevant road manager for the authorisation under section 160 or 161 ; and\nmay be subject to any other conditions the Regulator considers appropriate, including, for example—\nconditions about 1 or more matters mentioned in Schedule 2 ; and\nwithout limiting subparagraph (i) , intelligent access program conditions.\nsch s 146 amd 2016 No. 65 s 139\nom 2025 No. 26 s 35 (uncommenced amendment)\n- (a) must be subject to the road conditions or travel conditions required by a relevant road manager for the authorisation under section 160 or 161 ; and\n- (b) may be subject to any other conditions the Regulator considers appropriate, including, for example— (i) conditions about 1 or more matters mentioned in Schedule 2 ; and (ii) without limiting subparagraph (i) , intelligent access program conditions.\n- (i) conditions about 1 or more matters mentioned in Schedule 2 ; and\n- (ii) without limiting subparagraph (i) , intelligent access program conditions.\n- (i) conditions about 1 or more matters mentioned in Schedule 2 ; and\n- (ii) without limiting subparagraph (i) , intelligent access program conditions.","sortOrder":303},{"sectionNumber":"sec.147","sectionType":"section","heading":"Period for which class 2 heavy vehicle authorisation (permit) applies","content":"### sec.147 Period for which class 2 heavy vehicle authorisation (permit) applies\n\nA class 2 heavy vehicle authorisation (permit) applies for the period stated in the permit for the authorisation.\nThe period may be less than the period sought by the applicant for the class 2 heavy vehicle authorisation (permit).\nsch s 147 om 2025 No. 26 s 35 (uncommenced amendment)\n(sec.147-ssec.1) A class 2 heavy vehicle authorisation (permit) applies for the period stated in the permit for the authorisation.\n(sec.147-ssec.2) The period may be less than the period sought by the applicant for the class 2 heavy vehicle authorisation (permit).","sortOrder":304},{"sectionNumber":"sec.148","sectionType":"section","heading":"Permit for class 2 heavy vehicle authorisation (permit) etc.","content":"### sec.148 Permit for class 2 heavy vehicle authorisation (permit) etc.\n\nIf the Regulator grants a class 2 heavy vehicle authorisation (permit) to a person, the Regulator must give the person—\na permit for the authorisation; and\na notice stating the review and appeal information for any of the following decisions that is a reviewable decision—\nthe Regulator’s decision to grant the authorisation for a period or impose a condition on the authorisation;\na relevant road manager’s decision to consent to the grant of the authorisation subject to a condition that a road condition or travel condition be imposed on the authorisation.\nUnder section 641 (6) (a) , this notice must also state particular information about obtaining a statement of reasons for the decision.\nA permit for a class 2 heavy vehicle authorisation (permit) must state the following—\nthe name and address of the person to whom the permit is given;\nif the authorisation applies to particular categories of class 2 heavy vehicles, the categories of heavy vehicles to which the authorisation applies;\nthe areas or routes to which the authorisation applies;\nthe days and hours to which the authorisation applies;\nthe road conditions or travel conditions required by a relevant road manager for the authorisation under section 160 or 161 ;\nany other conditions applying to a class 2 heavy vehicle being used on a road under the authorisation;\nthe period for which the authorisation applies.\nsch s 148 amd 2019 No. 29 s 13\nom 2025 No. 26 s 35 (uncommenced amendment)\n(sec.148-ssec.1) If the Regulator grants a class 2 heavy vehicle authorisation (permit) to a person, the Regulator must give the person— a permit for the authorisation; and a notice stating the review and appeal information for any of the following decisions that is a reviewable decision— the Regulator’s decision to grant the authorisation for a period or impose a condition on the authorisation; a relevant road manager’s decision to consent to the grant of the authorisation subject to a condition that a road condition or travel condition be imposed on the authorisation. Under section 641 (6) (a) , this notice must also state particular information about obtaining a statement of reasons for the decision.\n(sec.148-ssec.2) A permit for a class 2 heavy vehicle authorisation (permit) must state the following— the name and address of the person to whom the permit is given; if the authorisation applies to particular categories of class 2 heavy vehicles, the categories of heavy vehicles to which the authorisation applies; the areas or routes to which the authorisation applies; the days and hours to which the authorisation applies; the road conditions or travel conditions required by a relevant road manager for the authorisation under section 160 or 161 ; any other conditions applying to a class 2 heavy vehicle being used on a road under the authorisation; the period for which the authorisation applies.\n- (a) a permit for the authorisation; and\n- (b) a notice stating the review and appeal information for any of the following decisions that is a reviewable decision— (i) the Regulator’s decision to grant the authorisation for a period or impose a condition on the authorisation; (ii) a relevant road manager’s decision to consent to the grant of the authorisation subject to a condition that a road condition or travel condition be imposed on the authorisation. Note— Under section 641 (6) (a) , this notice must also state particular information about obtaining a statement of reasons for the decision.\n- (i) the Regulator’s decision to grant the authorisation for a period or impose a condition on the authorisation;\n- (ii) a relevant road manager’s decision to consent to the grant of the authorisation subject to a condition that a road condition or travel condition be imposed on the authorisation. Note— Under section 641 (6) (a) , this notice must also state particular information about obtaining a statement of reasons for the decision.\n- (i) the Regulator’s decision to grant the authorisation for a period or impose a condition on the authorisation;\n- (ii) a relevant road manager’s decision to consent to the grant of the authorisation subject to a condition that a road condition or travel condition be imposed on the authorisation. Note— Under section 641 (6) (a) , this notice must also state particular information about obtaining a statement of reasons for the decision.\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 heavy vehicles, the categories of heavy vehicles to which the authorisation 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 road manager for the authorisation under section 160 or 161 ;\n- (f) any other conditions applying to a class 2 heavy vehicle being used on a road under the authorisation;\n- (g) the period for which the authorisation applies.","sortOrder":305},{"sectionNumber":"sec.149","sectionType":"section","heading":"Refusal of application for class 2 heavy vehicle authorisation (permit)","content":"### sec.149 Refusal of application for class 2 heavy vehicle authorisation (permit)\n\nIf the Regulator refuses an application for a class 2 heavy vehicle authorisation (permit), the Regulator must give the applicant an information notice for the decision to refuse the application.\nSee section 166 for the requirements for an information notice relating to a road manager’s decision not to give consent to the grant of a class 2 heavy vehicle authorisation (permit).\nsch s 149 om 2025 No. 26 s 35 (uncommenced amendment)","sortOrder":306},{"sectionNumber":"sch-inc-ch.4-pt.4.6-div.5","sectionType":"division","heading":"Operating under class 2 heavy vehicle authorisation","content":"## Operating under class 2 heavy vehicle authorisation","sortOrder":307},{"sectionNumber":"sec.150","sectionType":"section","heading":"Contravening condition of class 2 heavy vehicle authorisation","content":"### sec.150 Contravening condition of class 2 heavy vehicle authorisation\n\nThe driver or operator of a class 2 heavy vehicle being used on a road under a class 2 heavy vehicle authorisation must not contravene a condition of the authorisation.\nMaximum penalty—$6000.\nSubsection (1) does not apply to a condition mentioned in section 151 (1) .\nsch s 150 sub 2013 No. 4 s 12\n(sec.150-ssec.1) The driver or operator of a class 2 heavy vehicle being used on a road under a class 2 heavy vehicle authorisation must not contravene a condition of the authorisation. Maximum penalty—$6000.\n(sec.150-ssec.2) Subsection (1) does not apply to a condition mentioned in section 151 (1) .","sortOrder":308},{"sectionNumber":"sec.151","sectionType":"section","heading":"Keeping relevant document while driving under class 2 heavy vehicle authorisation (notice)","content":"### sec.151 Keeping relevant document while driving under class 2 heavy vehicle authorisation (notice)\n\nThis section applies if a class 2 heavy vehicle authorisation (notice) is subject to the condition that the driver of a class 2 heavy vehicle who is driving the vehicle under the authorisation must keep a relevant document in the driver’s possession.\nA driver of the class 2 heavy vehicle who is driving the vehicle under the class 2 heavy vehicle authorisation (notice) must comply with the condition.\nMaximum penalty—$3000.\nEach relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2) , unless the relevant party has a reasonable excuse.\nMaximum penalty—$3000.\nIn this section—\nrelevant document , for a class 2 heavy vehicle authorisation (notice), means a copy of—\nthe Commonwealth Gazette notice for the authorisation; or\nan information sheet about the authorisation published by the Regulator on the Regulator’s website.\nrelevant party , for the driver of a class 2 heavy vehicle, means—\nan employer of the driver if the driver is an employed driver; or\na prime contractor of the driver if the driver is a self-employed driver; or\nan operator of the vehicle if the driver is making a journey for the operator.\nsch s 151 sub 2013 No. 4 s 12\namd 2016 No. 65 s 23\n(sec.151-ssec.1) This section applies if a class 2 heavy vehicle authorisation (notice) is subject to the condition that the driver of a class 2 heavy vehicle who is driving the vehicle under the authorisation must keep a relevant document in the driver’s possession.\n(sec.151-ssec.2) A driver of the class 2 heavy vehicle who is driving the vehicle under the class 2 heavy vehicle authorisation (notice) must comply with the condition. Maximum penalty—$3000.\n(sec.151-ssec.3) Each relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2) , unless the relevant party has a reasonable excuse. Maximum penalty—$3000.\n(sec.151-ssec.7) In this section— relevant document , for a class 2 heavy vehicle authorisation (notice), means a copy of— the Commonwealth Gazette notice for the authorisation; or an information sheet about the authorisation published by the Regulator on the Regulator’s website. relevant party , for the driver of a class 2 heavy vehicle, means— an employer of the driver if the driver is an employed driver; or a prime contractor of the driver if the driver is a self-employed driver; or an operator of the vehicle if the driver is making a journey for the operator.\n- (a) the Commonwealth Gazette notice for the authorisation; or\n- (b) an information sheet about the authorisation published by the Regulator on the Regulator’s website.\n- (a) an employer of the driver if the driver is an employed driver; or\n- (b) a prime contractor of the driver if the driver is a self-employed driver; or\n- (c) an operator of the vehicle if the driver is making a journey for the operator.","sortOrder":309},{"sectionNumber":"sec.152","sectionType":"section","heading":"Keeping copy of permit while driving under class 2 heavy vehicle authorisation (permit)","content":"### sec.152 Keeping copy of permit while driving under class 2 heavy vehicle authorisation (permit)\n\nThe driver of a class 2 heavy vehicle who is driving the vehicle under a class 2 heavy vehicle authorisation (permit) must keep a copy of the permit for the authorisation in the driver’s possession.\nMaximum penalty—$3000.\nIf the driver of a class 2 heavy vehicle is driving the vehicle under a class 2 heavy vehicle authorisation (permit) granted to a relevant party for the driver and the relevant party has given the driver a copy of a permit for the purpose of subsection (1) , the driver must, as soon as reasonably practicable, return the copy to the relevant party if the driver stops working for the relevant party.\nMaximum penalty—$4000.\nEach relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1) , unless the relevant party has a reasonable excuse.\nMaximum penalty—$3000.\nIn this section—\nrelevant party , for the driver of a class 2 heavy vehicle, means—\nan employer of the driver if the driver is an employed driver; or\na prime contractor of the driver if the driver is a self-employed driver; or\nan operator of the vehicle if the driver is making a journey for the operator.\nsch s 152 sub 2013 No. 4 s 12\namd 2016 No. 65 s 24\nom 2025 No. 26 s 36 (uncommenced amendment)\n(sec.152-ssec.1) The driver of a class 2 heavy vehicle who is driving the vehicle under a class 2 heavy vehicle authorisation (permit) must keep a copy of the permit for the authorisation in the driver’s possession. Maximum penalty—$3000.\n(sec.152-ssec.2) If the driver of a class 2 heavy vehicle is driving the vehicle under a class 2 heavy vehicle authorisation (permit) granted to a relevant party for the driver and the relevant party has given the driver a copy of a permit for the purpose of subsection (1) , the driver must, as soon as reasonably practicable, return the copy to the relevant party if the driver stops working for the relevant party. Maximum penalty—$4000.\n(sec.152-ssec.3) Each relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1) , unless the relevant party has a reasonable excuse. Maximum penalty—$3000.\n(sec.152-ssec.7) In this section— relevant party , for the driver of a class 2 heavy vehicle, means— an employer of the driver if the driver is an employed driver; or a prime contractor of the driver if the driver is a self-employed driver; or an operator of the vehicle if the driver is making a journey for the operator.\n- (a) an employer of the driver if the driver is an employed driver; or\n- (b) a prime contractor of the driver if the driver is a self-employed driver; or\n- (c) an operator of the vehicle if the driver is making a journey for the operator.","sortOrder":310},{"sectionNumber":"sec.153","sectionType":"section","heading":null,"content":"### Section sec.153\n\nsch s 153 sub 2013 No. 4 s 12\namd 2016 No. 65 s 25\nom 2018 No. 18 s 14","sortOrder":311},{"sectionNumber":"sch-inc-ch.4-pt.4.6A","sectionType":"part","heading":"Restricted access vehicles","content":"# Restricted access vehicles","sortOrder":312},{"sectionNumber":"sec.153A","sectionType":"section","heading":"Using restricted access vehicle","content":"### sec.153A Using restricted access vehicle\n\nA person must not use a restricted access vehicle, or permit a restricted access vehicle to be used, on a road unless the road is one on which the vehicle is allowed to be used under a mass or dimension authority applying to the vehicle.\nMaximum penalty—$6000.\nIn this section—\nrestricted access vehicle means a heavy vehicle that (together with its load) is—\nhigher than 4.3m; or\nwider than 2.5m; or\nlonger than—\nif a single vehicle other than an articulated bus—12.5m;\nif an articulated bus—18m; or\nif a combination—19m.\nsafer freight vehicle means a single heavy motor vehicle that meets the requirements prescribed for the purposes of this definition by the national regulations, but does not include a bus.\nsingle heavy motor vehicle means a motor vehicle that, on its own, is a heavy vehicle.\nspecified semitrailer means a semitrailer that—\nis not a PBS vehicle; and\nhas an air suspension system with effective dampers fitted; and\nhas a deck height not higher than 1.2m for at least 50% of its deck length; and\nif in a combination—the combination—\nconsists only of—\na prime mover towing a single semitrailer attached to the prime mover by a fifth wheel coupling; or\na B-double; or\na B-triple; and\nhas a mass not more than 90% of the prescribed mass requirements for the combination.\nAlthough this section does not apply to certain combinations, a combination that is a class 2 heavy vehicle will still need to have a class 2 heavy vehicle authorisation (see s 137).\nThis section does not apply to—\na class 2 heavy vehicle; or\na specified PBS vehicle as defined in section 136 (2) ; or\nAll other PBS vehicles are class 2 heavy vehicles (see section 136 ).\na specified semitrailer; or\na safer freight vehicle; or\na combination that—\nincludes a safer freight vehicle, together with its load, that is the only component vehicle wider than 2.5m; and\nis not higher than 4.3m; and\nis not longer than 19m.\nsch s 153A ins 2015 No. 12 s 14\namd 2018 No. 18 s 15 ; 2019 No. 29 s 14 ; 2024 No. 2 s 8C\namd 2025 No. 26 s 37 (uncommenced amendment)\n(sec.153A-ssec.1) A person must not use a restricted access vehicle, or permit a restricted access vehicle to be used, on a road unless the road is one on which the vehicle is allowed to be used under a mass or dimension authority applying to the vehicle. Maximum penalty—$6000.\n(sec.153A-ssec.2) In this section— restricted access vehicle means a heavy vehicle that (together with its load) is— higher than 4.3m; or wider than 2.5m; or longer than— if a single vehicle other than an articulated bus—12.5m; if an articulated bus—18m; or if a combination—19m. safer freight vehicle means a single heavy motor vehicle that meets the requirements prescribed for the purposes of this definition by the national regulations, but does not include a bus. single heavy motor vehicle means a motor vehicle that, on its own, is a heavy vehicle. specified semitrailer means a semitrailer that— is not a PBS vehicle; and has an air suspension system with effective dampers fitted; and has a deck height not higher than 1.2m for at least 50% of its deck length; and if in a combination—the combination— consists only of— a prime mover towing a single semitrailer attached to the prime mover by a fifth wheel coupling; or a B-double; or a B-triple; and has a mass not more than 90% of the prescribed mass requirements for the combination. Although this section does not apply to certain combinations, a combination that is a class 2 heavy vehicle will still need to have a class 2 heavy vehicle authorisation (see s 137).\n(sec.153A-ssec.3) This section does not apply to— a class 2 heavy vehicle; or a specified PBS vehicle as defined in section 136 (2) ; or All other PBS vehicles are class 2 heavy vehicles (see section 136 ). a specified semitrailer; or a safer freight vehicle; or a combination that— includes a safer freight vehicle, together with its load, that is the only component vehicle wider than 2.5m; and is not higher than 4.3m; and is not longer than 19m.\n- (a) higher than 4.3m; or\n- (b) wider than 2.5m; or\n- (c) longer than— (i) if a single vehicle other than an articulated bus—12.5m; (ii) if an articulated bus—18m; or (iii) if a combination—19m.\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.\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.\n- (a) is not a PBS vehicle; and\n- (b) has an air suspension system with effective dampers fitted; and\n- (c) has a deck height not higher than 1.2m for at least 50% of its deck length; and\n- (d) if in a combination—the combination— (i) consists only of— (A) a prime mover towing a single semitrailer attached to the prime mover by a fifth wheel coupling; or (B) a B-double; or (C) a B-triple; and (ii) has a mass not more than 90% of the prescribed mass requirements for the combination.\n- (i) consists only of— (A) a prime mover towing a single semitrailer attached to the prime mover by a fifth wheel coupling; or (B) a B-double; or (C) a B-triple; and\n- (A) a prime mover towing a single semitrailer attached to the 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 requirements for the combination.\n- (i) consists only of— (A) a prime mover towing a single semitrailer attached to the prime mover by a fifth wheel coupling; or (B) a B-double; or (C) a B-triple; and\n- (A) a prime mover towing a single semitrailer attached to the 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 requirements for the combination.\n- (A) a prime mover towing a single semitrailer attached to the prime mover by a fifth wheel coupling; or\n- (B) a B-double; or\n- (C) a B-triple; and\n- (a) a class 2 heavy vehicle; or\n- (b) a specified PBS vehicle as defined in section 136 (2) ; or Note— All 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— (i) includes a safer freight vehicle, together with its load, that is the only component vehicle wider than 2.5m; and (ii) is not higher than 4.3m; and (iii) is not longer than 19m.\n- (i) includes a safer freight vehicle, together with its load, that is 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- (i) includes a safer freight vehicle, together with its load, that is 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.","sortOrder":313},{"sectionNumber":"sch-inc-ch.4-pt.4.7","sectionType":"part","heading":"Particular provisions about mass or dimension authorities","content":"# Particular provisions about mass or dimension authorities","sortOrder":314},{"sectionNumber":"sch-inc-ch.4-pt.4.7-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":315},{"sectionNumber":"sec.154","sectionType":"section","heading":"Definitions for Pt 4.7","content":"### sec.154 Definitions for Pt 4.7\n\nIn this Part—\nroad condition —\nmeans a condition directed at—\nprotecting road infrastructure; or\npreventing or minimising an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or\npreventing or minimising significant risks to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions; but\ndoes not include a condition requiring the installation of equipment or another thing in a vehicle unless the equipment or thing is required to be installed in the vehicle for an intelligent access program condition imposed in connection with a condition directed at the matters mentioned in paragraph (a) (i) , (ii) or (iii) .\nsch s 154 def road condition amd 2016 No. 65 s 139\nroute assessment , in relation to a mass or dimension authority, means an assessment of the road infrastructure in the areas or on the routes to which the authority is to apply to decide the impact the grant of the authority will have, or is likely to have, on the road infrastructure.\ntravel condition means a condition directed at ensuring that access to a stated route or area is limited to either or both of the following—\nstated days or hours (or both);\ntravel in a stated direction.\nvehicle condition means a condition directed at ensuring a vehicle can operate safely on roads.\n- (a) means a condition directed at— (i) protecting road infrastructure; or (ii) preventing or minimising an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or (iii) preventing or minimising significant risks to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions; but\n- (i) protecting road infrastructure; or\n- (ii) preventing or minimising an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or\n- (iii) preventing or minimising significant risks to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions; but\n- (b) does not include a condition requiring the installation of equipment or another thing in a vehicle unless the equipment or thing is required to be installed in the vehicle for an intelligent access program condition imposed in connection with a condition directed at the matters mentioned in paragraph (a) (i) , (ii) or (iii) .\n- (i) protecting road infrastructure; or\n- (ii) preventing or minimising an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or\n- (iii) preventing or minimising significant risks to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions; but\n- (a) stated days or hours (or both);\n- (b) travel in a stated direction.","sortOrder":316},{"sectionNumber":"sch-inc-ch.4-pt.4.7-div.2","sectionType":"division","heading":"Obtaining consent of relevant road managers","content":"## Obtaining consent of relevant road managers","sortOrder":317},{"sectionNumber":"sec.155","sectionType":"section","heading":"Application of Div 2","content":"### sec.155 Application of Div 2\n\nThis Division applies in relation to the Regulator obtaining the consent of the road manager for a road for the purpose of granting a mass or dimension authority.\nsch s 155 sub 2013 No. 4 s 12","sortOrder":318},{"sectionNumber":"sec.156","sectionType":"section","heading":"Period within which road manager must decide","content":"### sec.156 Period within which road manager must decide\n\nIf the Regulator asks a road manager for a road for the road manager’s consent to the grant of a mass or dimension authority, the road manager must decide to give or not to give the consent—\nwithin—\n28 days after the request is made, unless subparagraph (ii) applies; or\nif this section applies because the road manager gave the Regulator a notice of objection to the grant under section 167 —14 days after giving the notice of objection; or\nwithin a longer period, of not more than 6 months after the request is made, agreed to by the Regulator.\nSee, however, sections 159 , 167 and 168 .\nThe road manager may ask for, and the Regulator may agree to, a longer period under subsection (1) (b) only if—\nconsultation is required under a law with another entity (including, for example, for the purpose of obtaining that entity’s approval to give the consent); or\nthe road manager considers a route assessment is necessary for deciding whether to give or not to give the consent; or\nthe road manager is the road authority for the participating jurisdiction and considers that a local government authority that is not required under a law to be consulted should nevertheless be consulted before deciding whether to give or not to give the consent.\nIf the Regulator agrees to a longer period under subsection (1) (b) , the Regulator must give the applicant for the mass or dimension authority concerned a written statement of the decision—\nidentifying the road manager concerned; and\nindicating the ground on which the road manager asked for a longer period.\nsch s 156 sub 2013 No. 4 s 12 ; 2018 No. 18 s 16\n(sec.156-ssec.1) If the Regulator asks a road manager for a road for the road manager’s consent to the grant of a mass or dimension authority, the road manager must decide to give or not to give the consent— within— 28 days after the request is made, unless subparagraph (ii) applies; or if this section applies because the road manager gave the Regulator a notice of objection to the grant under section 167 —14 days after giving the notice of objection; or within a longer period, of not more than 6 months after the request is made, agreed to by the Regulator. See, however, sections 159 , 167 and 168 .\n(sec.156-ssec.2) The road manager may ask for, and the Regulator may agree to, a longer period under subsection (1) (b) only if— consultation is required under a law with another entity (including, for example, for the purpose of obtaining that entity’s approval to give the consent); or the road manager considers a route assessment is necessary for deciding whether to give or not to give the consent; or the road manager is the road authority for the participating jurisdiction and considers that a local government authority that is not required under a law to be consulted should nevertheless be consulted before deciding whether to give or not to give the consent.\n(sec.156-ssec.3) If the Regulator agrees to a longer period under subsection (1) (b) , the Regulator must give the applicant for the mass or dimension authority concerned a written statement of the decision— identifying the road manager concerned; and indicating the ground on which the road manager asked for a longer period.\n- (a) within— (i) 28 days after the request is made, unless subparagraph (ii) applies; or (ii) if this section applies because the road manager gave the Regulator a notice of objection to the grant under section 167 —14 days after giving the notice of objection; or\n- (i) 28 days after the request is made, unless subparagraph (ii) applies; or\n- (ii) if this section applies because the road manager gave the Regulator a notice of objection to the grant under section 167 —14 days after giving the notice of objection; or\n- (b) within a longer period, of not more than 6 months after the request is made, agreed to by the Regulator.\n- (i) 28 days after the request is made, unless subparagraph (ii) applies; or\n- (ii) if this section applies because the road manager gave the Regulator a notice of objection to the grant under section 167 —14 days after giving the notice of objection; or\n- (a) consultation is required under a law with another entity (including, for example, for the purpose of obtaining that entity’s approval to give the consent); or\n- (b) the road manager considers a route assessment is necessary for deciding whether to give or not to give the consent; or\n- (c) the road manager is the road authority for the participating jurisdiction and considers that a local government authority that is not required under a law to be consulted should nevertheless be consulted before deciding whether to give or not to give the consent.\n- (a) identifying the road manager concerned; and\n- (b) indicating the ground on which the road manager asked for a longer period.","sortOrder":319},{"sectionNumber":"sec.156A","sectionType":"section","heading":"Deciding request for consent generally","content":"### sec.156A Deciding request for consent generally\n\nIf the Regulator asks a road manager for a road for the road manager’s consent to the grant of a mass or dimension authority, the road manager may decide not to give the consent only if the road manager is satisfied—\nthe mass or dimension authority will, or is likely to—\ncause damage to road infrastructure; or\nimpose adverse effects on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or\npose significant risks to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions; and\nit is not possible to grant the authority subject to road conditions or travel conditions that will avoid, or significantly minimise—\nthe damage or likely damage; or\nthe adverse effects or likely adverse effects; or\nthe significant risks or likely significant risks.\nIf the road manager considers that the consent would be given if the mass of the vehicle under the application for the authority was less than applied for, the road manager must give the consent subject to a road condition that the vehicle not exceed the mass.\nAlso, in deciding whether or not to give the consent, the road manager must have regard to—\nfor a mass or dimension exemption—the approved guidelines for granting mass or dimension exemptions; or\nfor a class 2 heavy vehicle authorisation—the approved guidelines for granting class 2 heavy vehicle authorisations.\nIf a relevant road manager for a mass or dimension authority decides not to give consent to the grant of the authority, the relevant road manager must give the Regulator a written statement that explains the road manager’s decision and complies with section 172 .\nsch s 156A ins 2018 No. 18 s 16\n(sec.156A-ssec.1) If the Regulator asks a road manager for a road for the road manager’s consent to the grant of a mass or dimension authority, the road manager may decide not to give the consent only if the road manager is satisfied— the mass or dimension authority will, or is likely to— cause damage to road infrastructure; or impose adverse effects on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or pose significant risks to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions; and it is not possible to grant the authority subject to road conditions or travel conditions that will avoid, or significantly minimise— the damage or likely damage; or the adverse effects or likely adverse effects; or the significant risks or likely significant risks.\n(sec.156A-ssec.2) If the road manager considers that the consent would be given if the mass of the vehicle under the application for the authority was less than applied for, the road manager must give the consent subject to a road condition that the vehicle not exceed the mass.\n(sec.156A-ssec.3) Also, in deciding whether or not to give the consent, the road manager must have regard to— for a mass or dimension exemption—the approved guidelines for granting mass or dimension exemptions; or for a class 2 heavy vehicle authorisation—the approved guidelines for granting class 2 heavy vehicle authorisations.\n(sec.156A-ssec.4) If a relevant road manager for a mass or dimension authority decides not to give consent to the grant of the authority, the relevant road manager must give the Regulator a written statement that explains the road manager’s decision and complies with section 172 .\n- (a) the mass or dimension authority will, or is likely to— (i) cause damage to road infrastructure; or (ii) impose adverse effects on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or (iii) pose significant risks to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions; and\n- (i) cause damage to road infrastructure; or\n- (ii) impose adverse effects on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or\n- (iii) pose significant risks to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions; and\n- (b) it is not possible to grant the authority subject to road conditions or travel conditions that will avoid, or significantly minimise— (i) the damage or likely damage; or (ii) the adverse effects or likely adverse effects; or (iii) the significant risks or likely significant risks.\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- (i) cause damage to road infrastructure; or\n- (ii) impose adverse effects on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or\n- (iii) pose significant risks to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions; and\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- (a) for a mass or dimension exemption—the approved guidelines for granting mass or dimension exemptions; or\n- (b) for a class 2 heavy vehicle authorisation—the approved guidelines for granting class 2 heavy vehicle authorisations.","sortOrder":320},{"sectionNumber":"sec.157","sectionType":"section","heading":"Obtaining third party’s approval for giving consent for permit","content":"### sec.157 Obtaining third party’s approval for giving consent for permit\n\nThis section applies if—\na person (the applicant ) applies for a mass or dimension exemption (permit) or class 2 heavy vehicle authorisation (permit); and\nconsultation with another entity is required under a law.\nThe Regulator must—\nnotify the applicant that consultation is required; and\nnotify the road manager that the applicant has been notified of the requirement.\nThe Regulator must, as far as practicable, give the notifications under subsection (2) concurrently with asking the road manager for the consent.\nsch s 157 sub 2013 No. 4 s 12\n(sec.157-ssec.1) This section applies if— a person (the applicant ) applies for a mass or dimension exemption (permit) or class 2 heavy vehicle authorisation (permit); and consultation with another entity is required under a law.\n(sec.157-ssec.2) The Regulator must— notify the applicant that consultation is required; and notify the road manager that the applicant has been notified of the requirement.\n(sec.157-ssec.3) The Regulator must, as far as practicable, give the notifications under subsection (2) concurrently with asking the road manager for the consent.\n- (a) a person (the applicant ) applies for a mass or dimension exemption (permit) or class 2 heavy vehicle authorisation (permit); and\n- (b) consultation with another entity is required under a law.\n- (a) notify the applicant that consultation is required; and\n- (b) notify the road manager that the applicant has been notified of the requirement.","sortOrder":321},{"sectionNumber":"sec.158","sectionType":"section","heading":"Action pending consultation with third party","content":"### sec.158 Action pending consultation with third party\n\nThis section applies if—\nconsultation with another entity is required under a law; and\nthe road manager does not ask for a longer period under section 156 (1) (b) or the Regulator refuses to agree to a longer period asked for under section 156 (1) (b) .\nIf the consultation with the other entity is not yet completed, the road manager must, as far as practicable, deal with the request for consent and decide to give or not to give the consent (even though the consultation with the other entity is not completed).\nIf the road manager decides to give the consent even though the consultation with the other entity is not completed, the consent is not operative unless and until—\nthe consultation is completed; and\nif the other entity’s approval is required, the other entity gives its approval.\nIf—\nthe consultation with the other entity is completed and the other entity’s approval is required; and\nthe road manager has not yet decided to give or not to give the consent;\nthe road manager may—\ndecide not to give the consent, on the ground that the consent would be inoperative; or\ndecide to give the consent, but the consent is inoperative without the other entity’s approval.\nThe Regulator must not grant a mass or dimension authority if—\nconsultation is required under a law with another entity; and\nthe other entity’s approval is required; and\nthe other entity has declined to give its approval.\nsch s 158 sub 2013 No. 4 s 12\n(sec.158-ssec.1) This section applies if— consultation with another entity is required under a law; and the road manager does not ask for a longer period under section 156 (1) (b) or the Regulator refuses to agree to a longer period asked for under section 156 (1) (b) .\n(sec.158-ssec.2) If the consultation with the other entity is not yet completed, the road manager must, as far as practicable, deal with the request for consent and decide to give or not to give the consent (even though the consultation with the other entity is not completed).\n(sec.158-ssec.3) If the road manager decides to give the consent even though the consultation with the other entity is not completed, the consent is not operative unless and until— the consultation is completed; and if the other entity’s approval is required, the other entity gives its approval.\n(sec.158-ssec.4) If— the consultation with the other entity is completed and the other entity’s approval is required; and the road manager has not yet decided to give or not to give the consent; the road manager may— decide not to give the consent, on the ground that the consent would be inoperative; or decide to give the consent, but the consent is inoperative without the other entity’s approval.\n(sec.158-ssec.5) The Regulator must not grant a mass or dimension authority if— consultation is required under a law with another entity; and the other entity’s approval is required; and the other entity has declined to give its approval.\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 156 (1) (b) or the Regulator refuses to agree to a longer period asked for under section 156 (1) (b) .\n- (a) the consultation is completed; and\n- (b) if the other entity’s approval is required, the other entity gives its approval.\n- (a) the consultation with the other entity is completed and the other entity’s approval is required; and\n- (b) the road manager has not yet decided to give or not to give the consent;\n- (c) decide not to give the consent, on the ground that the consent would be inoperative; or\n- (d) decide to give the consent, but the consent is inoperative without the other entity’s approval.\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.","sortOrder":322},{"sectionNumber":"sec.159","sectionType":"section","heading":"Deciding request for consent if route assessment required","content":"### sec.159 Deciding request for consent if route assessment required\n\nThis section applies if—\na person (the applicant ) applies for a mass or dimension exemption (permit) or class 2 heavy vehicle authorisation (permit); and\nthe Regulator asks a road manager for a road for the road manager’s consent to the grant of the exemption or authorisation; and\nthe road manager considers a route assessment is necessary for deciding whether to give or not to give the consent.\nThe road manager may notify the Regulator of the following—\nthat a route assessment is required for the road manager deciding whether to give or not to give the consent;\nthe fee payable (if any) for the route assessment under a law of the jurisdiction in which the road is situated.\nThe Regulator must notify the applicant of the following—\nthat a route assessment is required for the road manager deciding whether to give or not to give the consent;\nthe fee payable (if any) for the route assessment under a law of the jurisdiction in which the road is situated;\nif a fee is payable for the route assessment under a law of the jurisdiction in which the road is situated, that the road manager may stop considering whether to give or not to give the consent until the fee is paid;\nif, under section 156 (1) (b) , the Regulator agrees to a longer period for the road manager deciding whether to give or not to give the consent, the longer period agreed by the Regulator.\nIf a fee is payable for the route assessment under a law of the jurisdiction in which the road is situated—\nthe road manager may stop considering whether to give or not to give the consent until the fee is paid; and\nthe period between the day the applicant is given the notification under subsection (3) and the day the fee is paid must not be counted in working out the period taken by the road manager to decide whether to give or not to give the consent.\nIf the applicant does not pay the fee for the route assessment within 28 days after the notification is given to the applicant under subsection (3) , or a longer period agreed to by the Regulator, the application lapses.\nsch s 159 sub 2013 No. 4 s 12\n(sec.159-ssec.1) This section applies if— a person (the applicant ) applies for a mass or dimension exemption (permit) or class 2 heavy vehicle authorisation (permit); and the Regulator asks a road manager for a road for the road manager’s consent to the grant of the exemption or authorisation; and the road manager considers a route assessment is necessary for deciding whether to give or not to give the consent.\n(sec.159-ssec.2) The road manager may notify the Regulator of the following— that a route assessment is required for the road manager deciding whether to give or not to give the consent; the fee payable (if any) for the route assessment under a law of the jurisdiction in which the road is situated.\n(sec.159-ssec.3) The Regulator must notify the applicant of the following— that a route assessment is required for the road manager deciding whether to give or not to give the consent; the fee payable (if any) for the route assessment under a law of the jurisdiction in which the road is situated; if a fee is payable for the route assessment under a law of the jurisdiction in which the road is situated, that the road manager may stop considering whether to give or not to give the consent until the fee is paid; if, under section 156 (1) (b) , the Regulator agrees to a longer period for the road manager deciding whether to give or not to give the consent, the longer period agreed by the Regulator.\n(sec.159-ssec.4) If a fee is payable for the route assessment under a law of the jurisdiction in which the road is situated— the road manager may stop considering whether to give or not to give the consent until the fee is paid; and the period between the day the applicant is given the notification under subsection (3) and the day the fee is paid must not be counted in working out the period taken by the road manager to decide whether to give or not to give the consent.\n(sec.159-ssec.5) If the applicant does not pay the fee for the route assessment within 28 days after the notification is given to the applicant under subsection (3) , or a longer period agreed to by the Regulator, the application lapses.\n- (a) a person (the applicant ) applies for a mass or dimension exemption (permit) or class 2 heavy vehicle authorisation (permit); and\n- (b) the Regulator asks a road manager for a road for the road manager’s consent to the grant of the exemption or authorisation; and\n- (c) the road manager considers a route assessment is necessary for deciding whether to give or not to give the consent.\n- (a) that a route assessment is required for the road manager deciding whether to give or not to give the consent;\n- (b) the fee payable (if any) for the route assessment under a law of the jurisdiction in which the road is situated.\n- (a) that a route assessment is required for the road manager deciding whether to give or not to give the consent;\n- (b) the fee payable (if any) for the route assessment under a law of the jurisdiction in which the road is situated;\n- (c) if a fee is payable for the route assessment under a law of the jurisdiction in which the road is situated, that the road manager may stop considering whether to give or not to give the consent until the fee is paid;\n- (d) if, under section 156 (1) (b) , the Regulator agrees to a longer period for the road manager deciding whether to give or not to give the consent, the longer period agreed by the Regulator.\n- (a) the road manager may stop considering whether to give or not to give the consent until the fee is paid; and\n- (b) the period between the day the applicant is given the notification under subsection (3) and the day the fee is paid must not be counted in working out the period taken by the road manager to decide whether to give or not to give the consent.","sortOrder":323},{"sectionNumber":"sec.160","sectionType":"section","heading":"Imposition of road conditions","content":"### sec.160 Imposition of road conditions\n\nA relevant road manager for a mass or dimension authority may consent to the grant of the authority subject to—\nexcept in the case of a class 2 heavy vehicle authorisation (notice)—the condition that a stated road condition is imposed on the authority; or\nin the case of a class 2 heavy vehicle authorisation (notice)—the condition that a stated road condition of a type prescribed by the national regulations is imposed on the authority.\nIf a relevant road manager for a mass or dimension authority consents to the grant of the authority subject to a condition as mentioned in subsection (1) (a) —\nthe relevant road manager must give the Regulator a written statement that explains the road manager’s decision to give consent to the grant of the authority subject to the condition and complies with section 172 ; and\nthe Regulator must impose the stated road condition on the authority.\nIf a relevant road manager for a mass or dimension authority consents to the grant of the authority subject to a condition as mentioned in subsection (1) (b) , the Regulator must impose the stated road condition on the authority.\nThe national regulations may prescribe road conditions, or kinds of road conditions, for the purposes of subsection (1) (b) and must prescribe the circumstances in which it is appropriate to impose such a condition.\nsch s 160 sub 2013 No. 4 s 12\n(sec.160-ssec.1) A relevant road manager for a mass or dimension authority may consent to the grant of the authority subject to— except in the case of a class 2 heavy vehicle authorisation (notice)—the condition that a stated road condition is imposed on the authority; or in the case of a class 2 heavy vehicle authorisation (notice)—the condition that a stated road condition of a type prescribed by the national regulations is imposed on the authority.\n(sec.160-ssec.2) If a relevant road manager for a mass or dimension authority consents to the grant of the authority subject to a condition as mentioned in subsection (1) (a) — the relevant road manager must give the Regulator a written statement that explains the road manager’s decision to give consent to the grant of the authority subject to the condition and complies with section 172 ; and the Regulator must impose the stated road condition on the authority.\n(sec.160-ssec.3) If a relevant road manager for a mass or dimension authority consents to the grant of the authority subject to a condition as mentioned in subsection (1) (b) , the Regulator must impose the stated road condition on the authority.\n(sec.160-ssec.4) The national regulations may prescribe road conditions, or kinds of road conditions, for the purposes of subsection (1) (b) and must prescribe the circumstances in which it is appropriate to impose such a condition.\n- (a) except in the case of a class 2 heavy vehicle authorisation (notice)—the condition that a stated road condition is imposed on the authority; or\n- (b) in the case of a class 2 heavy vehicle authorisation (notice)—the condition that a stated road condition of a type prescribed by the national regulations is imposed on the authority.\n- (a) the relevant road manager must give the Regulator a written statement that explains the road manager’s decision to give consent to the grant of the authority subject to the condition and complies with section 172 ; and\n- (b) the Regulator must impose the stated road condition on the authority.","sortOrder":324},{"sectionNumber":"sec.161","sectionType":"section","heading":"Imposition of travel conditions","content":"### sec.161 Imposition of travel conditions\n\nA relevant road manager for a mass or dimension authority may consent to the grant of the authority subject to the condition that a stated travel condition is imposed on the authority.\nIf a relevant road manager for a mass or dimension authority consents to the grant of the authority as mentioned in subsection (1) —\nthe relevant road manager must give the Regulator a written statement that explains the road manager’s decision to give consent to the grant of the authority subject to the condition and complies with section 172 ; and\nthe Regulator must impose the stated travel condition on the authority.\nsch s 161 sub 2013 No. 4 s 12\n(sec.161-ssec.1) A relevant road manager for a mass or dimension authority may consent to the grant of the authority subject to the condition that a stated travel condition is imposed on the authority.\n(sec.161-ssec.2) If a relevant road manager for a mass or dimension authority consents to the grant of the authority as mentioned in subsection (1) — the relevant road manager must give the Regulator a written statement that explains the road manager’s decision to give consent to the grant of the authority subject to the condition and complies with section 172 ; and the Regulator must impose the stated travel condition on the authority.\n- (a) the relevant road manager must give the Regulator a written statement that explains the road manager’s decision to give consent to the grant of the authority subject to the condition and complies with section 172 ; and\n- (b) the Regulator must impose the stated travel condition on the authority.","sortOrder":325},{"sectionNumber":"sec.162","sectionType":"section","heading":"Imposition of vehicle conditions","content":"### sec.162 Imposition of vehicle conditions\n\nA relevant road manager for a mass or dimension authority who gives consent to the grant of the authority may ask the Regulator to impose a stated vehicle condition on the authority.\nIf a relevant road manager for a mass or dimension authority makes a request as mentioned in subsection (1) , the Regulator must—\nconsider the request and decide—\nto impose the stated vehicle condition on the authority (with or without modification); or\nnot to impose the stated vehicle condition on the authority; and\nnotify the relevant road manager of the decision under paragraph (a) .\nsch s 162 sub 2013 No. 4 s 12\n(sec.162-ssec.1) A relevant road manager for a mass or dimension authority who gives consent to the grant of the authority may ask the Regulator to impose a stated vehicle condition on the authority.\n(sec.162-ssec.2) If a relevant road manager for a mass or dimension authority makes a request as mentioned in subsection (1) , the Regulator must— consider the request and decide— to impose the stated vehicle condition on the authority (with or without modification); or not to impose the stated vehicle condition on the authority; and notify the relevant road manager of the decision under paragraph (a) .\n- (a) consider the request and decide— (i) to impose the stated vehicle condition on the authority (with or without modification); or (ii) not to impose the stated vehicle condition on the authority; and\n- (i) to impose the stated vehicle condition on the authority (with or without modification); or\n- (ii) not to impose the stated vehicle condition on the authority; and\n- (b) notify the relevant road manager of the decision under paragraph (a) .\n- (i) to impose the stated vehicle condition on the authority (with or without modification); or\n- (ii) not to impose the stated vehicle condition on the authority; and","sortOrder":326},{"sectionNumber":"sec.163","sectionType":"section","heading":"Obtaining consent of road authority if particular road manager refuses to give consent","content":"### sec.163 Obtaining consent of road authority if particular road manager refuses to give consent\n\nThis section applies if a relevant road manager for a mass or dimension authority—\nis a public authority other than a road authority; and\neither—\ndecides not to consent to the grant of the mass or dimension authority; or\nconsents to the grant of the mass or dimension authority subject to the imposition of road conditions or travel conditions the Regulator considers are not necessary to avoid, or significantly minimise—\ndamage, or likely damage, to road infrastructure; or\nadverse effects, or likely adverse effects, on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or\nsignificant risks, or likely significant risks, to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.\nThe Regulator may ask the relevant road authority to consent to the grant.\nIf the Regulator asks the relevant road authority for consent under this section, the road authority must decide to give or not to give the consent—\nwithin 3 months of the request; or\nwithin a longer period, of not more than 6 months, agreed to by the Regulator.\nIf the relevant road authority gives the consent or gives the consent on the condition that a stated road condition or travel condition is imposed on the mass or dimension authority—\nthe decision of the relevant road manager has no effect for the purposes of this Law; and\nto the extent this Law applies in relation to the consent of, or the road conditions or travel conditions required by, the relevant road manager, this Law (other than this section) applies as if a reference in it to the relevant road manager were a reference to the relevant road authority.\nIn this section—\nrelevant road authority , for a decision of a relevant road manager for a mass or dimension authority, means the road authority for the participating jurisdiction in which the road for which the relevant road manager is a road manager is situated.\nsch s 163 sub 2013 No. 4 s 12\n(sec.163-ssec.1) This section applies if a relevant road manager for a mass or dimension authority— is a public authority other than a road authority; and either— decides not to consent to the grant of the mass or dimension authority; or consents to the grant of the mass or dimension authority subject to the imposition of road conditions or travel conditions the Regulator considers are not necessary to avoid, or significantly minimise— damage, or likely damage, to road infrastructure; or adverse effects, or likely adverse effects, on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or significant risks, or likely significant risks, to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.\n(sec.163-ssec.2) The Regulator may ask the relevant road authority to consent to the grant.\n(sec.163-ssec.3) If the Regulator asks the relevant road authority for consent under this section, the road authority must decide to give or not to give the consent— within 3 months of the request; or within a longer period, of not more than 6 months, agreed to by the Regulator.\n(sec.163-ssec.4) If the relevant road authority gives the consent or gives the consent on the condition that a stated road condition or travel condition is imposed on the mass or dimension authority— the decision of the relevant road manager has no effect for the purposes of this Law; and to the extent this Law applies in relation to the consent of, or the road conditions or travel conditions required by, the relevant road manager, this Law (other than this section) applies as if a reference in it to the relevant road manager were a reference to the relevant road authority.\n(sec.163-ssec.5) In this section— relevant road authority , for a decision of a relevant road manager for a mass or dimension authority, means the road authority for the participating jurisdiction in which the road for which the relevant road manager is a road manager is situated.\n- (a) is a public authority other than a road authority; and\n- (b) either— (i) decides not to consent to the grant of the mass or dimension authority; or (ii) consents to the grant of the mass or dimension authority subject to the imposition of road conditions or travel conditions the Regulator considers are not necessary to avoid, or significantly minimise— (A) damage, or likely damage, to road infrastructure; or (B) adverse effects, or likely adverse effects, on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or (C) significant risks, or likely significant risks, to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.\n- (i) decides not to consent to the grant of the mass or dimension authority; or\n- (ii) consents to the grant of the mass or dimension authority subject to the imposition of road conditions or travel conditions the Regulator considers are not necessary to avoid, or significantly minimise— (A) damage, or likely damage, to road infrastructure; or (B) adverse effects, or likely adverse effects, on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or (C) significant risks, or likely significant risks, to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.\n- (A) damage, or likely damage, to road infrastructure; or\n- (B) adverse effects, or likely adverse effects, on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or\n- (C) significant risks, or likely significant risks, to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.\n- (i) decides not to consent to the grant of the mass or dimension authority; or\n- (ii) consents to the grant of the mass or dimension authority subject to the imposition of road conditions or travel conditions the Regulator considers are not necessary to avoid, or significantly minimise— (A) damage, or likely damage, to road infrastructure; or (B) adverse effects, or likely adverse effects, on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or (C) significant risks, or likely significant risks, to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.\n- (A) damage, or likely damage, to road infrastructure; or\n- (B) adverse effects, or likely adverse effects, on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or\n- (C) significant risks, or likely significant risks, to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.\n- (A) damage, or likely damage, to road infrastructure; or\n- (B) adverse effects, or likely adverse effects, on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or\n- (C) significant risks, or likely significant risks, to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.\n- (a) within 3 months of the request; or\n- (b) within a longer period, of not more than 6 months, agreed to by the Regulator.\n- (a) the decision of the relevant road manager has no effect for the purposes of this Law; and\n- (b) to the extent this Law applies in relation to the consent of, or the road conditions or travel conditions required by, the relevant road manager, this Law (other than this section) applies as if a reference in it to the relevant road manager were a reference to the relevant road authority.","sortOrder":327},{"sectionNumber":"sec.164","sectionType":"section","heading":null,"content":"### Section sec.164\n\nsch s 164 sub 2013 No. 4 s 12\nom 2019 No. 29 s 15","sortOrder":328},{"sectionNumber":"sec.165","sectionType":"section","heading":null,"content":"### Section sec.165\n\nsch s 165 sub 2013 No. 4 s 12\nom 2019 No. 29 s 15","sortOrder":329},{"sectionNumber":"sec.166","sectionType":"section","heading":"Information notice for decision to refuse application because road manager did not give consent","content":"### sec.166 Information notice for decision to refuse application because road manager did not give consent\n\nThis section applies if an application for a mass or dimension authority is refused, wholly or partly, because a relevant road manager for the authority has refused to consent to the authority.\nThe information notice for the decision to refuse the application given to the applicant under this Law must state the following, in addition to any other information required to be included in the information notice—\nthat the road manager has refused to consent to the mass or dimension authority;\na written statement that explains the road manager’s decision to refuse to give the consent and complies with section 172 ;\nthe review and appeal information for the road manager’s decision to refuse to give the consent.\nsch s 166 sub 2013 No. 4 s 12\n(sec.166-ssec.1) This section applies if an application for a mass or dimension authority is refused, wholly or partly, because a relevant road manager for the authority has refused to consent to the authority.\n(sec.166-ssec.2) The information notice for the decision to refuse the application given to the applicant under this Law must state the following, in addition to any other information required to be included in the information notice— that the road manager has refused to consent to the mass or dimension authority; a written statement that explains the road manager’s decision to refuse to give the consent and complies with section 172 ; the review and appeal information for the road manager’s decision to refuse to give the consent.\n- (a) that the road manager has refused to consent to the mass or dimension authority;\n- (b) a written statement that explains the road manager’s decision to refuse to give the consent and complies with section 172 ;\n- (c) the review and appeal information for the road manager’s decision to refuse to give the consent.","sortOrder":330},{"sectionNumber":"sec.167","sectionType":"section","heading":"Expedited procedure for road manager’s consent for renewal of mass or dimension authority","content":"### sec.167 Expedited procedure for road manager’s consent for renewal of mass or dimension authority\n\nThis section applies if—\nthe relevant road manager has previously consented to a grant of a mass or dimension authority (the previous authority ); and\nthe Regulator proposes to grant a mass or dimension authority (the proposed replacement authority ) by way of renewal so as to replace the previous authority on its expiry; and\nthe Regulator proposes to impose the same conditions on the proposed replacement authority as applied to the previous authority; and\nthe Regulator informs the relevant road manager that the Regulator is seeking to obtain the manager’s consent in accordance with the procedure under this section (the expedited procedure ).\nHowever, this section does not apply, or ceases to apply, if—\nthere are differences between the terms of the previous authority and the terms of the proposed replacement authority, including, for example—\ndifferences relating to the description of the type of heavy vehicle covered by the proposed replacement authority; and\nadditional, deleted or varied conditions; and\nthe inclusion of additional areas or routes; or\nthe relevant road manager gives the Regulator a notice of objection to the application of this section to the proposed replacement authority and that notice of objection is given within the period (the relevant period ) of—\n14 days after the request for consent is made; or\n28 days after the request for consent is made if the road manager seeks the extension of time within the initial 14 days; or\nthe Regulator gives the relevant road manager a notice that the Regulator withdraws the proposed replacement authority from the expedited procedure; or\na law of this jurisdiction requires consultation with third parties before the grant of the proposed replacement authority or before access to a particular route or area covered by it is given.\nThe road manager is taken to have given the consent at the end of the relevant period to the grant of the proposed replacement authority on the same conditions as applied to the previous authority, unless before the end of that period the road manager gives written notice to the Regulator that the road manager gives or refuses consent.\nsch s 167 sub 2013 No. 4 s 12\n(sec.167-ssec.1) This section applies if— the relevant road manager has previously consented to a grant of a mass or dimension authority (the previous authority ); and the Regulator proposes to grant a mass or dimension authority (the proposed replacement authority ) by way of renewal so as to replace the previous authority on its expiry; and the Regulator proposes to impose the same conditions on the proposed replacement authority as applied to the previous authority; and the Regulator informs the relevant road manager that the Regulator is seeking to obtain the manager’s consent in accordance with the procedure under this section (the expedited procedure ).\n(sec.167-ssec.2) However, this section does not apply, or ceases to apply, if— there are differences between the terms of the previous authority and the terms of the proposed replacement authority, including, for example— differences relating to the description of the type of heavy vehicle covered by the proposed replacement authority; and additional, deleted or varied conditions; and the inclusion of additional areas or routes; or the relevant road manager gives the Regulator a notice of objection to the application of this section to the proposed replacement authority and that notice of objection is given within the period (the relevant period ) of— 14 days after the request for consent is made; or 28 days after the request for consent is made if the road manager seeks the extension of time within the initial 14 days; or the Regulator gives the relevant road manager a notice that the Regulator withdraws the proposed replacement authority from the expedited procedure; or a law of this jurisdiction requires consultation with third parties before the grant of the proposed replacement authority or before access to a particular route or area covered by it is given.\n(sec.167-ssec.3) The road manager is taken to have given the consent at the end of the relevant period to the grant of the proposed replacement authority on the same conditions as applied to the previous authority, unless before the end of that period the road manager gives written notice to the Regulator that the road manager gives or refuses consent.\n- (a) the relevant road manager has previously consented to a grant of a mass or dimension authority (the previous authority ); and\n- (b) the Regulator proposes to grant a mass or dimension authority (the proposed replacement authority ) by way of renewal so as to replace the previous authority on its expiry; and\n- (c) the Regulator proposes to impose the same conditions on the proposed replacement authority as applied to the previous authority; and\n- (d) the Regulator informs the relevant road manager that the Regulator is seeking to obtain the manager’s consent in accordance with the procedure under this section (the expedited procedure ).\n- (a) there are differences between the terms of the previous authority and the terms of the proposed replacement authority, including, for example— (i) differences relating to the description of the type of heavy vehicle covered by the proposed replacement authority; and (ii) additional, deleted or varied conditions; and (iii) the inclusion of additional areas or routes; or\n- (i) differences relating to the description of the type of heavy vehicle covered by the proposed replacement authority; and\n- (ii) additional, deleted or varied conditions; and\n- (iii) the inclusion of additional areas or routes; or\n- (b) the relevant road manager gives the Regulator a notice of objection to the application of this section to the proposed replacement authority and that notice of objection is given within the period (the relevant period ) of— (i) 14 days after the request for consent is made; or (ii) 28 days after the request for consent is made if the road manager seeks the extension of time within the initial 14 days; or\n- (i) 14 days after the request for consent is made; or\n- (ii) 28 days after the request for consent is made if the road manager seeks the extension of time within the initial 14 days; or\n- (c) the Regulator gives the relevant road manager a notice that the Regulator withdraws the proposed replacement authority from the expedited procedure; or\n- (d) a law of this jurisdiction requires consultation with third parties before the grant of the proposed replacement authority or before access to a particular route or area covered by it is given.\n- (i) differences relating to the description of the type of heavy vehicle covered by the proposed replacement authority; and\n- (ii) additional, deleted or varied conditions; and\n- (iii) the inclusion of additional areas or routes; or\n- (i) 14 days after the request for consent is made; or\n- (ii) 28 days after the request for consent is made if the road manager seeks the extension of time within the initial 14 days; or","sortOrder":331},{"sectionNumber":"sec.168","sectionType":"section","heading":"Operation of section 167","content":"### sec.168 Operation of section 167\n\nSections 156 to 166 do not apply to a request for consent while a proposed replacement authority is being dealt with under the expedited procedure under section 167 .\nThose sections apply to the request for consent if section 167 does not apply or ceases to apply, as referred to in section 167 (2) .\nsch s 168 sub 2013 No. 4 s 12\n(sec.168-ssec.1) Sections 156 to 166 do not apply to a request for consent while a proposed replacement authority is being dealt with under the expedited procedure under section 167 .\n(sec.168-ssec.2) Those sections apply to the request for consent if section 167 does not apply or ceases to apply, as referred to in section 167 (2) .","sortOrder":332},{"sectionNumber":"sec.169","sectionType":"section","heading":"Granting limited consent for trial purposes","content":"### sec.169 Granting limited consent for trial purposes\n\nA relevant road manager may give consent to the grant of a mass or dimension authority for a trial period of no more than 3 months specified by the road manager.\nThe trial period determines the maximum period for which the mass or dimension authority applies.\nIf there is more than one relevant road manager in relation to a proposed mass or dimension authority, the consent of one or more of the road managers is ineffective unless all the road managers give their consent to the same effect.\nsch s 169 sub 2013 No. 4 s 12\n(sec.169-ssec.1) A relevant road manager may give consent to the grant of a mass or dimension authority for a trial period of no more than 3 months specified by the road manager.\n(sec.169-ssec.2) The trial period determines the maximum period for which the mass or dimension authority applies.\n(sec.169-ssec.3) If there is more than one relevant road manager in relation to a proposed mass or dimension authority, the consent of one or more of the road managers is ineffective unless all the road managers give their consent to the same effect.","sortOrder":333},{"sectionNumber":"sec.170","sectionType":"section","heading":"Renewal of limited consent for trial purposes","content":"### sec.170 Renewal of limited consent for trial purposes\n\nThe Regulator must notify each relevant road manager that gave consent under section 169 that the mass or dimension authority concerned will be renewed with effect from the end of the current period of its duration unless action is taken under this section.\nThe notification must be given at least one month before the end of the current trial period.\nThe Regulator must renew the mass or dimension authority for a further trial period of no more than 3 months, unless the Regulator receives a written objection to its renewal from a relevant road manager within the current trial period.\nThe mass or dimension authority is renewable for one or more further trial periods.\nsch s 170 sub 2013 No. 4 s 12\n(sec.170-ssec.1) The Regulator must notify each relevant road manager that gave consent under section 169 that the mass or dimension authority concerned will be renewed with effect from the end of the current period of its duration unless action is taken under this section.\n(sec.170-ssec.2) The notification must be given at least one month before the end of the current trial period.\n(sec.170-ssec.3) The Regulator must renew the mass or dimension authority for a further trial period of no more than 3 months, unless the Regulator receives a written objection to its renewal from a relevant road manager within the current trial period.\n(sec.170-ssec.4) The mass or dimension authority is renewable for one or more further trial periods.","sortOrder":334},{"sectionNumber":"sec.171","sectionType":"section","heading":"Period for which mass or dimension authority applies where limited consent","content":"### sec.171 Period for which mass or dimension authority applies where limited consent\n\nThis section applies where a mass or dimension exemption is granted under section 169 or 170 .\nIn the case of a mass or dimension exemption (permit) or a class 2 heavy vehicle authorisation (permit), the period for which the permit applies must not exceed the length of the trial period.\nIn the case of a mass or dimension exemption (notice) or a class 2 heavy vehicle authorisation (notice), then, despite section 120 or 141 , the period for which the notice applies is so much of the period stated in the Commonwealth Gazette notice referred to in that section as does not exceed the trial period.\nsch s 171 sub 2013 No. 4 s 12\n(sec.171-ssec.1) This section applies where a mass or dimension exemption is granted under section 169 or 170 .\n(sec.171-ssec.2) In the case of a mass or dimension exemption (permit) or a class 2 heavy vehicle authorisation (permit), the period for which the permit applies must not exceed the length of the trial period.\n(sec.171-ssec.3) In the case of a mass or dimension exemption (notice) or a class 2 heavy vehicle authorisation (notice), then, despite section 120 or 141 , the period for which the notice applies is so much of the period stated in the Commonwealth Gazette notice referred to in that section as does not exceed the trial period.","sortOrder":335},{"sectionNumber":"sec.172","sectionType":"section","heading":"Requirements for statement explaining adverse decision of road manager","content":"### sec.172 Requirements for statement explaining adverse decision of road manager\n\nThis section applies to a written statement explaining a decision of a relevant road manager under this Division—\nnot to give consent to the grant of a mass or dimension authority (as referred to in section 156A ); or\nto consent to the grant of a mass or dimension authority on the condition that—\na road condition is imposed on the authority (as referred to in section 160 ); or\na travel condition is imposed on the authority (as referred to in section 161 ).\nThe written statement complies with this section if it sets out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the road manager’s decision.\nsch s 172 sub 2013 No. 4 s 12\namd 2018 No. 18 s 17 ; 2019 No. 29 s 16\n(sec.172-ssec.1) This section applies to a written statement explaining a decision of a relevant road manager under this Division— not to give consent to the grant of a mass or dimension authority (as referred to in section 156A ); or to consent to the grant of a mass or dimension authority on the condition that— a road condition is imposed on the authority (as referred to in section 160 ); or a travel condition is imposed on the authority (as referred to in section 161 ).\n(sec.172-ssec.2) The written statement complies with this section if it sets out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the road manager’s decision.\n- (a) not to give consent to the grant of a mass or dimension authority (as referred to in section 156A ); or\n- (b) to consent to the grant of a mass or dimension authority on the condition that— (i) a road condition is imposed on the authority (as referred to in section 160 ); or (ii) a travel condition is imposed on the authority (as referred to in section 161 ).\n- (i) a road condition is imposed on the authority (as referred to in section 160 ); or\n- (ii) a travel condition is imposed on the authority (as referred to in section 161 ).\n- (i) a road condition is imposed on the authority (as referred to in section 160 ); or\n- (ii) a travel condition is imposed on the authority (as referred to in section 161 ).","sortOrder":336},{"sectionNumber":"sch-inc-ch.4-pt.4.7-div.3","sectionType":"division","heading":"Amendment, cancellation or suspension of mass or dimension authority granted by Commonwealth Gazette notice","content":"## Amendment, cancellation or suspension of mass or dimension authority granted by Commonwealth Gazette notice","sortOrder":337},{"sectionNumber":"sec.173","sectionType":"section","heading":"Amendment or cancellation on Regulator’s initiative","content":"### sec.173 Amendment or cancellation on Regulator’s initiative\n\nIt is a ground for amending or cancelling a mass or dimension authority granted by Commonwealth Gazette notice if the use of heavy vehicles on a road under the authority has caused, or is likely to cause, a significant risk to public safety.\nIf the Regulator considers a ground exists to amend or cancel the mass or dimension authority, the Regulator may amend or cancel the authority by complying with subsections (3) to (5) .\nThe Regulator must publish a public notice—\nstating that the Regulator believes a ground exists to amend or cancel the authority; and\noutlining the facts and circumstances forming the basis for the belief; and\nstating the action the Regulator is proposing to take under this section (the proposed action ); and\ninviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.\nIf, after considering all written representations made under subsection (3) (d) , the Regulator still considers a ground exists to take the proposed action, the Regulator may—\nif the proposed action was to amend the mass or dimension authority—amend the authority in a way that is not substantially different from the proposed action, including, for example, by—\namending the areas or routes to which the authority applies; or\namending the days or hours to which the authority applies; or\nimposing additional vehicle conditions on the authority; or\nif the proposed action was to cancel the mass or dimension authority—\namend the authority, including, for example, as mentioned in paragraph (a) (i) , (ii) or (iii) ; or\ncancel the authority.\nThe Regulator must publish a public notice of the amendment or cancellation.\nThe amendment or cancellation takes effect—\n28 days after the Commonwealth Gazette notice is published under subsection (5) ; or\nif a later time is stated in the Commonwealth Gazette notice, at the later time.\nsch s 173 amd 2016 No. 65 s 122\n(sec.173-ssec.1) It is a ground for amending or cancelling a mass or dimension authority granted by Commonwealth Gazette notice if the use of heavy vehicles on a road under the authority has caused, or is likely to cause, a significant risk to public safety.\n(sec.173-ssec.2) If the Regulator considers a ground exists to amend or cancel the mass or dimension authority, the Regulator may amend or cancel the authority by complying with subsections (3) to (5) .\n(sec.173-ssec.3) The Regulator must publish a public notice— stating that the Regulator believes a ground exists to amend or cancel the authority; and outlining the facts and circumstances forming the basis for the belief; and stating the action the Regulator is proposing to take under this section (the proposed action ); and inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.\n(sec.173-ssec.4) If, after considering all written representations made under subsection (3) (d) , the Regulator still considers a ground exists to take the proposed action, the Regulator may— if the proposed action was to amend the mass or dimension authority—amend the authority in a way that is not substantially different from the proposed action, including, for example, by— amending the areas or routes to which the authority applies; or amending the days or hours to which the authority applies; or imposing additional vehicle conditions on the authority; or if the proposed action was to cancel the mass or dimension authority— amend the authority, including, for example, as mentioned in paragraph (a) (i) , (ii) or (iii) ; or cancel the authority.\n(sec.173-ssec.5) The Regulator must publish a public notice of the amendment or cancellation.\n(sec.173-ssec.6) The amendment or cancellation takes effect— 28 days after the Commonwealth Gazette notice is published under subsection (5) ; or if a later time is stated in the Commonwealth Gazette notice, at the later time.\n- (a) stating that the Regulator believes a ground exists to amend or cancel the authority; and\n- (b) outlining the facts and circumstances forming the basis for the belief; and\n- (c) stating the action the Regulator is proposing to take under this section (the proposed action ); and\n- (d) inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.\n- (a) if the proposed action was to amend the mass or dimension authority—amend the authority in a way that is not substantially different from the proposed action, including, for example, by— (i) amending the areas or routes to which the authority applies; or (ii) amending the days or hours to which the authority applies; or (iii) imposing additional vehicle conditions on the authority; or\n- (i) amending the areas or routes to which the authority applies; or\n- (ii) amending the days or hours to which the authority applies; or\n- (iii) imposing additional vehicle conditions on the authority; or\n- (b) if the proposed action was to cancel the mass or dimension authority— (i) amend the authority, including, for example, as mentioned in paragraph (a) (i) , (ii) or (iii) ; or (ii) cancel the authority.\n- (i) amend the authority, including, for example, as mentioned in paragraph (a) (i) , (ii) or (iii) ; or\n- (ii) cancel the authority.\n- (i) amending the areas or routes to which the authority applies; or\n- (ii) amending the days or hours to which the authority applies; or\n- (iii) imposing additional vehicle conditions on the authority; or\n- (i) amend the authority, including, for example, as mentioned in paragraph (a) (i) , (ii) or (iii) ; or\n- (ii) cancel the authority.\n- (a) 28 days after the Commonwealth Gazette notice is published under subsection (5) ; or\n- (b) if a later time is stated in the Commonwealth Gazette notice, at the later time.","sortOrder":338},{"sectionNumber":"sec.174","sectionType":"section","heading":"Amendment or cancellation on request by relevant road manager","content":"### sec.174 Amendment or cancellation on request by relevant road manager\n\nThis section applies if a relevant road manager for a mass or dimension authority granted by Commonwealth Gazette notice is satisfied the use of heavy vehicles on a road under the authority—\nhas caused, or is likely to cause, damage to road infrastructure; or\nhas had, or is likely to have, an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or\nhas posed, or is likely to pose, a significant risk to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.\nThe road manager may ask the Regulator to—\namend the mass or dimension authority by—\namending the category of vehicle to which the authority applies; or\namending the type of load that may be carried by vehicles to which the authority applies; or\namending the areas or routes to which the authority applies; or\namending the days or hours to which the authority applies; or\nimposing or amending road conditions or travel conditions; or\ncancel the authority.\nThe Regulator must comply with the request.\nHowever, if consent to the grant of the mass or dimension authority was given by a road authority under section 163 —\nthe Regulator may refer the request to the road authority; and\nif the road authority gives the Regulator its written approval of the request, the Regulator must comply with the request; and\nif the road authority does not give written approval of the road manager’s request within 28 days after the referral is made, the Regulator—\nmust not comply with the request; and\nmust notify the road manager that the road authority has not given its written approval of the request and, as a result, the Regulator must not comply with it.\nThe Regulator must publish a public notice of the amendment or cancellation.\nThe amendment or cancellation takes effect—\n28 days after the Commonwealth Gazette notice is published under subsection (5) ; or\nif a later time is stated in the Commonwealth Gazette notice, at the later time.\nsch s 174 amd 2016 No. 65 s 123\n(sec.174-ssec.1) This section applies if a relevant road manager for a mass or dimension authority granted by Commonwealth Gazette notice is satisfied the use of heavy vehicles on a road under the authority— has caused, or is likely to cause, damage to road infrastructure; or has had, or is likely to have, an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or has posed, or is likely to pose, a significant risk to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.\n(sec.174-ssec.2) The road manager may ask the Regulator to— amend the mass or dimension authority by— amending the category of vehicle to which the authority applies; or amending the type of load that may be carried by vehicles to which the authority applies; or amending the areas or routes to which the authority applies; or amending the days or hours to which the authority applies; or imposing or amending road conditions or travel conditions; or cancel the authority.\n(sec.174-ssec.3) The Regulator must comply with the request.\n(sec.174-ssec.4) However, if consent to the grant of the mass or dimension authority was given by a road authority under section 163 — the Regulator may refer the request to the road authority; and if the road authority gives the Regulator its written approval of the request, the Regulator must comply with the request; and if the road authority does not give written approval of the road manager’s request within 28 days after the referral is made, the Regulator— must not comply with the request; and must notify the road manager that the road authority has not given its written approval of the request and, as a result, the Regulator must not comply with it.\n(sec.174-ssec.5) The Regulator must publish a public notice of the amendment or cancellation.\n(sec.174-ssec.6) The amendment or cancellation takes effect— 28 days after the Commonwealth Gazette notice is published under subsection (5) ; or if a later time is stated in the Commonwealth Gazette notice, at the later time.\n- (a) has caused, or is likely to cause, damage to road infrastructure; or\n- (b) has had, or is likely to have, an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or\n- (c) has posed, or is likely to pose, a significant risk to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.\n- (a) amend the mass or dimension authority by— (ia) amending the category of vehicle to which the authority applies; or (ib) amending the type of load that may be carried by vehicles to which the authority applies; or (i) amending the areas or routes to which the authority applies; or (ii) amending the days or hours to which the authority applies; or (iii) imposing or amending road conditions or travel conditions; or\n- (ia) amending the category of vehicle to which the authority applies; or\n- (ib) amending the type of load that may be carried by vehicles to which the authority applies; or\n- (i) amending the areas or routes to which the authority applies; or\n- (ii) amending the days or hours to which the authority applies; or\n- (iii) imposing or amending road conditions or travel conditions; or\n- (b) cancel the authority.\n- (ia) amending the category of vehicle to which the authority applies; or\n- (ib) amending the type of load that may be carried by vehicles to which the authority applies; or\n- (i) amending the areas or routes to which the authority applies; or\n- (ii) amending the days or hours to which the authority applies; or\n- (iii) imposing or amending road conditions or travel conditions; or\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 the request, the Regulator must comply with the request; and\n- (c) if the road authority does not give written approval of the road manager’s request within 28 days after the referral is made, the Regulator— (i) must not comply with the request; and (ii) must notify the road manager that the road authority has not given its written approval of the request and, as a result, the Regulator must not comply with it.\n- (i) must not comply with the request; and\n- (ii) must notify the road manager that the road authority has not given its written approval of the request and, as a result, the Regulator must not comply with it.\n- (i) must not comply with the request; and\n- (ii) must notify the road manager that the road authority has not given its written approval of the request and, as a result, the Regulator must not comply with it.\n- (a) 28 days after the Commonwealth Gazette notice is published under subsection (5) ; or\n- (b) if a later time is stated in the Commonwealth Gazette notice, at the later time.","sortOrder":339},{"sectionNumber":"sec.175","sectionType":"section","heading":"Immediate suspension","content":"### sec.175 Immediate suspension\n\nThis section applies if the Regulator considers it is necessary to suspend a mass or dimension authority granted by Commonwealth Gazette notice immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure.\nThe Regulator may, by public notice, immediately suspend the authority until the earliest of the following—\nthe end of 56 days after the day the public notice is published;\nthe Regulator publishes a notice under section 173 (5) or 174 (5) and the amendment or cancellation takes effect under section 173 (6) or 174 (6) ;\nthe Regulator cancels the suspension by public notice.\nThe suspension, and (where relevant) the cancellation of the suspension, takes effect immediately after the Commonwealth Gazette notice is published under subsection (3) .\nThis section applies despite sections 173 and 174 .\nsch s 175 amd 2016 No. 65 s 124\n(sec.175-ssec.1) This section applies if the Regulator considers it is necessary to suspend a mass or dimension authority granted by Commonwealth Gazette notice immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure.\n(sec.175-ssec.2) The Regulator may, by public notice, immediately suspend the authority until the earliest of the following— the end of 56 days after the day the public notice is published; the Regulator publishes a notice under section 173 (5) or 174 (5) and the amendment or cancellation takes effect under section 173 (6) or 174 (6) ; the Regulator cancels the suspension by public notice.\n(sec.175-ssec.4) The suspension, and (where relevant) the cancellation of the suspension, takes effect immediately after the Commonwealth Gazette notice is published under subsection (3) .\n(sec.175-ssec.5) This section applies despite sections 173 and 174 .\n- (a) the end of 56 days after the day the public notice is published;\n- (b) the Regulator publishes a notice under section 173 (5) or 174 (5) and the amendment or cancellation takes effect under section 173 (6) or 174 (6) ;\n- (c) the Regulator cancels the suspension by public notice.","sortOrder":340},{"sectionNumber":"sec.175A","sectionType":"section","heading":"Minor amendment","content":"### sec.175A Minor amendment\n\nThe Regulator may amend a mass or dimension authority, granted by Commonwealth Gazette notice, in a minor respect—\nfor a formal or clerical reason; or\nin another way that does not adversely affect the interests of a person who is operating under the authority.\nThe Regulator must publish a public notice of the amendment.\nsch s 175A ins 2016 No. 65 s 125\n(sec.175A-ssec.1) The Regulator may amend a mass or dimension authority, granted by Commonwealth Gazette notice, in a minor respect— for a formal or clerical reason; or in another way that does not adversely affect the interests of a person who is operating under the authority.\n(sec.175A-ssec.2) The Regulator must publish a public notice of the amendment.\n- (a) for a formal or clerical reason; or\n- (b) in another way that does not adversely affect the interests of a person who is operating under the authority.","sortOrder":341},{"sectionNumber":"sch-inc-ch.4-pt.4.7-div.4","sectionType":"division","heading":"Amendment, cancellation or suspension of mass or dimension authority granted by permit","content":"## Amendment, cancellation or suspension of mass or dimension authority granted by permit","sortOrder":342},{"sectionNumber":"sec.176","sectionType":"section","heading":"Amendment or cancellation on application by permit holder","content":"### sec.176 Amendment or cancellation on application by permit holder\n\nThe holder of a permit for a mass or dimension authority may apply to the Regulator for an amendment or cancellation of the authority.\nThe application must—\nbe in writing; and\nbe accompanied by the prescribed fee for the application; and\nif the application is for an amendment, state clearly the amendment sought and the reasons for the amendment; and\nbe accompanied by the permit.\nThe Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\nIf the proposed amendment of the mass or dimension authority is—\nto amend the areas or routes to which the authority applies (otherwise than by omitting an area or route or reducing an area or route in size); or\nto impose or amend road conditions or travel conditions;\nthen—\nthe Regulator must ask the relevant road managers (for the roads to which the amendment relates) for their consent to the amendment; and\nthe provisions of Division 2 apply to the request for consent in the same way as they apply to a request for consent under that Division, with the modifications (if any) prescribed by the national regulations and with any necessary modifications.\nThe Regulator must decide the application as soon as practicable after receiving it.\nIf the Regulator decides to grant the application—\nthe Regulator must give the applicant notice of the decision; and\nthe amendment or cancellation takes effect—\nwhen notice of the decision is given to the applicant; or\nif a later time is stated in the notice, at the later time; and\nif the Regulator amended the authority, the Regulator must give the applicant a replacement permit for the authority as amended.\nif the authority is amended to change the vehicle to which the authority applies to an equivalent vehicle, the Regulator must give notice of the amendment to the relevant road manager within 28 days after the authority is amended.\nIf the Regulator decides not to amend or cancel the mass or dimension authority as sought by the applicant, the Regulator must—\ngive the applicant an information notice for the decision; and\nreturn the permit for the authority to the applicant.\nIn this section—\nequivalent vehicle , of another vehicle, means a vehicle that—\nis of the same category as the other vehicle; and\nhas mass requirements that are no more than the mass requirements applying to the other vehicle; and\nhas dimension requirements that are no more than the dimension requirements applying to the other vehicle; and\nposes no greater public risk than the other vehicle.\nsch s 176 amd 2016 No. 65 s 126\nom 2025 No. 26 s 38 (uncommenced amendment)\n(sec.176-ssec.1) The holder of a permit for a mass or dimension authority may apply to the Regulator for an amendment or cancellation of the authority.\n(sec.176-ssec.2) The application must— be in writing; and be accompanied by the prescribed fee for the application; and if the application is for an amendment, state clearly the amendment sought and the reasons for the amendment; and be accompanied by the permit.\n(sec.176-ssec.3) The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\n(sec.176-ssec.4) If the proposed amendment of the mass or dimension authority is— to amend the areas or routes to which the authority applies (otherwise than by omitting an area or route or reducing an area or route in size); or to impose or amend road conditions or travel conditions; then— the Regulator must ask the relevant road managers (for the roads to which the amendment relates) for their consent to the amendment; and the provisions of Division 2 apply to the request for consent in the same way as they apply to a request for consent under that Division, with the modifications (if any) prescribed by the national regulations and with any necessary modifications.\n(sec.176-ssec.5) The Regulator must decide the application as soon as practicable after receiving it.\n(sec.176-ssec.6) If the Regulator decides to grant the application— the Regulator must give the applicant notice of the decision; and the amendment or cancellation takes effect— when notice of the decision is given to the applicant; or if a later time is stated in the notice, at the later time; and if the Regulator amended the authority, the Regulator must give the applicant a replacement permit for the authority as amended. if the authority is amended to change the vehicle to which the authority applies to an equivalent vehicle, the Regulator must give notice of the amendment to the relevant road manager within 28 days after the authority is amended.\n(sec.176-ssec.7) If the Regulator decides not to amend or cancel the mass or dimension authority as sought by the applicant, the Regulator must— give the applicant an information notice for the decision; and return the permit for the authority to the applicant.\n(sec.176-ssec.8) In this section— equivalent vehicle , of another vehicle, means a vehicle that— is of the same category as the other vehicle; and has mass requirements that are no more than the mass requirements applying to the other vehicle; and has dimension requirements that are no more than the dimension requirements applying to the other vehicle; and poses no greater public risk than the other vehicle.\n- (a) be in writing; and\n- (b) be accompanied by the prescribed fee for the application; and\n- (c) if the application is for an amendment, state clearly the amendment sought and the reasons for the amendment; and\n- (d) be accompanied by the permit.\n- (a) to amend the areas or routes to which the authority applies (otherwise than by omitting an area or route or reducing an area or 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 to which the amendment relates) for their consent to the amendment; and\n- (d) the provisions of Division 2 apply to the request for consent in the same way as they apply to a request for consent under that Division, with the modifications (if any) prescribed by the national regulations and with any necessary modifications.\n- (a) the Regulator must give the applicant notice of the decision; and\n- (b) the amendment or cancellation takes effect— (i) when notice of the decision is given to the applicant; or (ii) if a later time is stated in the notice, at the later time; and\n- (i) when notice of the decision is given to the applicant; or\n- (ii) if a later time is stated in the notice, at the later time; and\n- (c) if the Regulator amended the authority, the Regulator must give the applicant a replacement permit for the authority as amended.\n- (d) if the authority is amended to change the vehicle to which the authority applies to an equivalent vehicle, the Regulator must give notice of the amendment to the relevant road manager within 28 days after the authority is amended.\n- (i) when notice of the decision is given to the applicant; or\n- (ii) if a later time is stated in the notice, at the later time; and\n- (a) give the applicant an information notice for the decision; and\n- (b) return the permit for the authority to the applicant.\n- (a) is of the same category as the other vehicle; and\n- (b) has mass requirements that are no more than the mass requirements applying to the other vehicle; and\n- (c) has dimension requirements that are no more than the dimension requirements applying to the other vehicle; and\n- (d) poses no greater public risk than the other vehicle.","sortOrder":343},{"sectionNumber":"sec.177","sectionType":"section","heading":"Amendment or cancellation on Regulator’s initiative","content":"### sec.177 Amendment or cancellation on Regulator’s initiative\n\nEach of the following is a ground for amending or cancelling a mass or dimension authority granted by giving a person a permit—\nthe authority was granted because of a document or representation that was—\nfalse or misleading; or\nobtained or made in an improper way;\nthe holder of the permit for the authority has contravened a condition of the authority;\nthe use of heavy vehicles on a road under the authority has caused, or is likely to cause, a significant risk to public safety.\nIf the Regulator considers a ground exists to amend or cancel a mass or dimension authority granted by giving a person a permit (the proposed action ), the Regulator must give the holder of the permit a notice—\nstating the proposed action; and\nstating the ground for the proposed action; and\noutlining the facts and circumstances forming the basis for the ground; and\nif the proposed action is to amend the authority (including a condition of the authority)—stating the proposed amendment; and\ninviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.\nIf, after considering all written representations made under subsection (2) (e) , the Regulator still considers a ground exists to take the proposed action, the Regulator may—\nif the proposed action was to amend the mass or dimension authority—amend the authority in a way that is not substantially different from the proposed action, including, for example, by—\namending the areas or routes to which the authority applies; or\namending the days or hours to which the authority applies; or\nimposing additional vehicle conditions on the authority; or\nif the proposed action was to cancel the authority—\namend the authority, including, for example, as mentioned in paragraph (a) (i) , (ii) or (iii) ; or\ncancel the authority.\nThe Regulator must give the holder an information notice for the decision.\nThe amendment or cancellation takes effect—\nwhen the information notice is given to the holder; or\nif a later time is stated in the information notice, at the later time.\nsch s 177 om 2025 No. 26 s 38 (uncommenced amendment)\n(sec.177-ssec.1) Each of the following is a ground for amending or cancelling a mass or dimension authority granted by giving a person a permit— the authority was granted because of a document or representation that was— false or misleading; or obtained or made in an improper way; the holder of the permit for the authority has contravened a condition of the authority; the use of heavy vehicles on a road under the authority has caused, or is likely to cause, a significant risk to public safety.\n(sec.177-ssec.2) If the Regulator considers a ground exists to amend or cancel a mass or dimension authority granted by giving a person a permit (the proposed action ), the Regulator must give the holder of the permit a notice— stating the proposed action; and stating the ground for the proposed action; and outlining the facts and circumstances forming the basis for the ground; and if the proposed action is to amend the authority (including a condition of the authority)—stating the proposed amendment; and inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.\n(sec.177-ssec.3) If, after considering all written representations made under subsection (2) (e) , the Regulator still considers a ground exists to take the proposed action, the Regulator may— if the proposed action was to amend the mass or dimension authority—amend the authority in a way that is not substantially different from the proposed action, including, for example, by— amending the areas or routes to which the authority applies; or amending the days or hours to which the authority applies; or imposing additional vehicle conditions on the authority; or if the proposed action was to cancel the authority— amend the authority, including, for example, as mentioned in paragraph (a) (i) , (ii) or (iii) ; or cancel the authority.\n(sec.177-ssec.4) The Regulator must give the holder an information notice for the decision.\n(sec.177-ssec.5) The amendment or cancellation takes effect— when the information notice is given to the holder; or if a later time is stated in the information notice, at the later time.\n- (a) the authority was granted because of a document or representation that was— (i) false or misleading; or (ii) obtained or made in an improper way;\n- (i) false or misleading; or\n- (ii) obtained or made in an improper way;\n- (b) the holder of the permit for the authority has contravened a condition of the authority;\n- (c) the use of heavy vehicles on a road under the authority has caused, or is likely to cause, a significant risk to public safety.\n- (i) false or misleading; or\n- (ii) obtained or made in an improper way;\n- (a) stating the proposed action; and\n- (b) stating the ground for the proposed action; and\n- (c) outlining the facts and circumstances forming the basis for the ground; and\n- (d) if the proposed action is to amend the authority (including a condition of the authority)—stating the proposed amendment; and\n- (e) inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.\n- (a) if the proposed action was to amend the mass or dimension authority—amend the authority in a way that is not substantially different from the proposed action, including, for example, by— (i) amending the areas or routes to which the authority applies; or (ii) amending the days or hours to which the authority applies; or (iii) imposing additional vehicle conditions on the authority; or\n- (i) amending the areas or routes to which the authority applies; or\n- (ii) amending the days or hours to which the authority applies; or\n- (iii) imposing additional vehicle conditions on the authority; or\n- (b) if the proposed action was to cancel the authority— (i) amend the authority, including, for example, as mentioned in paragraph (a) (i) , (ii) or (iii) ; or (ii) cancel the authority.\n- (i) amend the authority, including, for example, as mentioned in paragraph (a) (i) , (ii) or (iii) ; or\n- (ii) cancel the authority.\n- (i) amending the areas or routes to which the authority applies; or\n- (ii) amending the days or hours to which the authority applies; or\n- (iii) imposing additional vehicle conditions on the authority; or\n- (i) amend the authority, including, for example, as mentioned in paragraph (a) (i) , (ii) or (iii) ; or\n- (ii) cancel the authority.\n- (a) when the information notice is given to the holder; or\n- (b) if a later time is stated in the information notice, at the later time.","sortOrder":344},{"sectionNumber":"sec.178","sectionType":"section","heading":"Amendment or cancellation on request by relevant road manager","content":"### sec.178 Amendment or cancellation on request by relevant road manager\n\nThis section applies if a relevant road manager for a mass or dimension authority granted by giving a person a permit is satisfied the use of heavy vehicles on a road under the authority—\nhas caused, or is likely to cause, damage to road infrastructure; or\nhas had, or is likely to have, an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or\nhas posed, or is likely to pose, a significant risk to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.\nThe road manager may ask the Regulator to—\namend the mass or dimension authority, including, for example, by—\namending the areas or routes to which the authority applies; or\namending the days or hours to which the authority applies; or\nimposing or amending road conditions or travel conditions on the authority; or\ncancel the authority.\nThe Regulator must comply with the request.\nHowever, if consent to the grant of the mass or dimension authority was given by a road authority under section 163 —\nthe Regulator may refer the request to the road authority; and\nif the road authority gives the Regulator its written approval of the request, the Regulator must comply with the request; and\nif the road authority does not give written approval of the request within 28 days after the referral is made, the Regulator—\nmust not comply with the request; and\nmust notify the road manager that the road authority has not given its written approval of the request and, as a result, the Regulator must not comply with it.\nIf the mass or dimension authority is amended or cancelled under this section, the Regulator must give the holder of the permit for the authority notice of the amendment or cancellation at least 28 days before the amendment or cancellation is to take effect.\nThe notice given to the holder must state—\nthe day the amendment or cancellation is to take effect; and\nthe reasons given by the road manager for the amendment or cancellation; and\nthe review and appeal information for the road manager’s decision.\nsch s 178 om 2025 No. 26 s 38 (uncommenced amendment)\n(sec.178-ssec.1) This section applies if a relevant road manager for a mass or dimension authority granted by giving a person a permit is satisfied the use of heavy vehicles on a road under the authority— has caused, or is likely to cause, damage to road infrastructure; or has had, or is likely to have, an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or has posed, or is likely to pose, a significant risk to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.\n(sec.178-ssec.2) The road manager may ask the Regulator to— amend the mass or dimension authority, including, for example, by— amending the areas or routes to which the authority applies; or amending the days or hours to which the authority applies; or imposing or amending road conditions or travel conditions on the authority; or cancel the authority.\n(sec.178-ssec.3) The Regulator must comply with the request.\n(sec.178-ssec.4) However, if consent to the grant of the mass or dimension authority was given by a road authority under section 163 — the Regulator may refer the request to the road authority; and if the road authority gives the Regulator its written approval of the request, the Regulator must comply with the request; and if the road authority does not give written approval of the request within 28 days after the referral is made, the Regulator— must not comply with the request; and must notify the road manager that the road authority has not given its written approval of the request and, as a result, the Regulator must not comply with it.\n(sec.178-ssec.5) If the mass or dimension authority is amended or cancelled under this section, the Regulator must give the holder of the permit for the authority notice of the amendment or cancellation at least 28 days before the amendment or cancellation is to take effect.\n(sec.178-ssec.6) The notice given to the holder must state— the day the amendment or cancellation is to take effect; and the reasons given by the road manager for the amendment or cancellation; and the review and appeal information for the road manager’s decision.\n- (a) has caused, or is likely to cause, damage to road infrastructure; or\n- (b) has had, or is likely to have, an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or\n- (c) has posed, or is likely to pose, a significant risk to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.\n- (a) amend the mass or dimension authority, including, for example, by— (i) amending the areas or routes to which the authority applies; or (ii) amending the days or hours to which the authority applies; or (iii) imposing or amending road conditions or travel conditions on the authority; or\n- (i) amending the areas or routes to which the authority applies; or\n- (ii) amending the days or hours to which the authority applies; or\n- (iii) imposing or amending road conditions or travel conditions on the authority; or\n- (b) cancel the authority.\n- (i) amending the areas or routes to which the authority applies; or\n- (ii) amending the days or hours to which the authority applies; or\n- (iii) imposing or amending road conditions or travel conditions on the authority; or\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 the request, the Regulator must comply with the request; and\n- (c) if the road authority does not give written approval of the request within 28 days after the referral is made, the Regulator— (i) must not comply with the request; and (ii) must notify the road manager that the road authority has not given its written approval of the request and, as a result, the Regulator must not comply with it.\n- (i) must not comply with the request; and\n- (ii) must notify the road manager that the road authority has not given its written approval of the request and, as a result, the Regulator must not comply with it.\n- (i) must not comply with the request; and\n- (ii) must notify the road manager that the road authority has not given its written approval of the request and, as a result, the Regulator must not comply with it.\n- (a) the day the amendment or cancellation is to take effect; and\n- (b) the reasons given by the road manager for the amendment or cancellation; and\n- (c) the review and appeal information for the road manager’s decision.","sortOrder":345},{"sectionNumber":"sec.179","sectionType":"section","heading":"Immediate suspension","content":"### sec.179 Immediate suspension\n\nThis section applies if the Regulator considers it is necessary to suspend a mass or dimension authority granted by issuing a permit to someone immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure.\nThe Regulator may, by notice ( immediate suspension notice ) given to the person to whom the permit was given, immediately suspend the authority until the earliest of the following—\nthe Regulator gives the person a notice under section 177 (4) or 178 (5) and the amendment or cancellation takes effect under section 177 (5) or 178 ;\nthe Regulator cancels the suspension;\nthe end of 56 days after the day the immediate suspension notice is given to the person.\nThis section applies despite sections 176 , 177 and 178 .\nsch s 179 om 2025 No. 26 s 38 (uncommenced amendment)\n(sec.179-ssec.1) This section applies if the Regulator considers it is necessary to suspend a mass or dimension authority granted by issuing a permit to someone immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure.\n(sec.179-ssec.2) The Regulator may, by notice ( immediate suspension notice ) given to the person to whom the permit was given, immediately suspend the authority until the earliest of the following— the Regulator gives the person a notice under section 177 (4) or 178 (5) and the amendment or cancellation takes effect under section 177 (5) or 178 ; the Regulator cancels the suspension; the end of 56 days after the day the immediate suspension notice is given to the person.\n(sec.179-ssec.3) This section applies despite sections 176 , 177 and 178 .\n- (a) the Regulator gives the person a notice under section 177 (4) or 178 (5) and the amendment or cancellation takes effect under section 177 (5) or 178 ;\n- (b) the Regulator cancels the suspension;\n- (c) the end of 56 days after the day the immediate suspension notice is given to the person.","sortOrder":346},{"sectionNumber":"sec.180","sectionType":"section","heading":"Minor amendment of permit for a mass or dimension authority","content":"### sec.180 Minor amendment of permit for a mass or dimension authority\n\nThe Regulator may, by notice given to the holder of a permit for a mass or dimension authority, amend the authority in a minor respect—\nfor a formal or clerical reason; or\nin another way that does not adversely affect the holder’s interests.\nThe Regulator must give notice of the amendment to the relevant road manager—\nif the authority is amended for a formal or clerical reason—within 28 days after the authority is amended; or\nif the authority is amended in another way—as soon as practicable, but no later than 7 days, after the authority is amended.\nsch s 180 amd 2016 No. 65 s 127\nom 2025 No. 26 s 38 (uncommenced amendment)\n(sec.180-ssec.1) The Regulator may, by notice given to the holder of a permit for a mass or dimension authority, amend the authority in a minor respect— for a formal or clerical reason; or in another way that does not adversely affect the holder’s interests.\n(sec.180-ssec.2) The Regulator must give notice of the amendment to the relevant road manager— if the authority is amended for a formal or clerical reason—within 28 days after the authority is amended; or if the authority is amended in another way—as soon as practicable, but no later than 7 days, after the authority is amended.\n- (a) for a formal or clerical reason; or\n- (b) in another way that does not adversely affect the holder’s interests.\n- (a) if the authority is amended for a formal or clerical reason—within 28 days after the authority is amended; or\n- (b) if the authority is amended in another way—as soon as practicable, but no later than 7 days, after the authority is amended.","sortOrder":347},{"sectionNumber":"sch-inc-ch.4-pt.4.7-div.5","sectionType":"division","heading":"Provisions about permits for mass or dimension authorities","content":"## Provisions about permits for mass or dimension authorities","sortOrder":348},{"sectionNumber":"sec.181","sectionType":"section","heading":"Return of permit","content":"### sec.181 Return of permit\n\nThis section applies to a mass or dimension authority granted by giving a person a permit.\nIf the mass or dimension authority is amended or cancelled, the Regulator may, by notice, require the person to return the person’s permit for the authority to the Regulator.\nThe person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period.\nMaximum penalty—$4000.\nIf the mass or dimension authority has been amended, the Regulator must give the person a replacement permit for the authority as amended.\nsch s 181 om 2025 No. 26 s 38 (uncommenced amendment)\n(sec.181-ssec.1) This section applies to a mass or dimension authority granted by giving a person a permit.\n(sec.181-ssec.2) If the mass or dimension authority is amended or cancelled, the Regulator may, by notice, require the person to return the person’s permit for the authority to the Regulator.\n(sec.181-ssec.3) The person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period. Maximum penalty—$4000.\n(sec.181-ssec.4) If the mass or dimension authority has been amended, the Regulator must give the person a replacement permit for the authority as amended.","sortOrder":349},{"sectionNumber":"sec.182","sectionType":"section","heading":"Replacement of defaced etc. permit","content":"### sec.182 Replacement of defaced etc. permit\n\nIf a person’s permit for a mass or dimension authority is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement permit.\nMaximum penalty—$4000.\nIf the Regulator is satisfied the permit has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement permit as soon as practicable.\nIf the Regulator decides not to give a replacement permit to the person, the Regulator must give the person an information notice for the decision.\nsch s 182 om 2025 No. 26 s 38 (uncommenced amendment)\n(sec.182-ssec.1) If a person’s permit for a mass or dimension authority is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement permit. Maximum penalty—$4000.\n(sec.182-ssec.2) If the Regulator is satisfied the permit has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement permit as soon as practicable.\n(sec.182-ssec.3) If the Regulator decides not to give a replacement permit to the person, the Regulator must give the person an information notice for the decision.","sortOrder":350},{"sectionNumber":"sch-inc-ch.4-pt.4.8","sectionType":"part","heading":null,"content":"","sortOrder":351},{"sectionNumber":"sec.183","sectionType":"section","heading":null,"content":"### Section sec.183\n\nsch s 183 om 2016 No. 65 s 26","sortOrder":352},{"sectionNumber":"sch-inc-ch.4-pt.4.9","sectionType":"part","heading":"Other offences","content":"# Other offences","sortOrder":353},{"sectionNumber":"sch-inc-ch.4-pt.4.9-div.1","sectionType":"division","heading":"Towing restriction","content":"## Towing restriction","sortOrder":354},{"sectionNumber":"sec.184","sectionType":"section","heading":"Towing restriction","content":"### sec.184 Towing restriction\n\nA person must not drive a heavy motor vehicle towing more than 1 other vehicle.\nMaximum penalty—$3000.\nSubsection (1) does not apply to a person driving a heavy vehicle—\nunder a mass or dimension authority; or\nin circumstances prescribed by the national regulations.\n(sec.184-ssec.1) A person must not drive a heavy motor vehicle towing more than 1 other vehicle. Maximum penalty—$3000.\n(sec.184-ssec.2) Subsection (1) does not apply to a person driving a heavy vehicle— under a mass or dimension authority; or in circumstances prescribed by the national regulations.\n- (a) under a mass or dimension authority; or\n- (b) in circumstances prescribed by the national regulations.","sortOrder":355},{"sectionNumber":"sch-inc-ch.4-pt.4.9-div.2","sectionType":"division","heading":"Coupling requirements","content":"## Coupling requirements","sortOrder":356},{"sectionNumber":"sec.185","sectionType":"section","heading":"Requirements about coupling trailers","content":"### sec.185 Requirements about coupling trailers\n\nA person commits an offence if—\nthe person uses, or permits to be used, on a road a heavy combination; and\na trailer in the combination is not securely coupled to the vehicle in front of it.\nMaximum penalty—$6000.\nA person commits an offence if—\nthe person uses, or permits to be used, on a road a heavy combination; and\nthe components of a coupling used between vehicles in the heavy combination are not compatible with, or properly connected to, each other.\nMaximum penalty—$6000.\nIn this section—\ncoupling means a device used to couple a vehicle in a combination to the vehicle in front of it.\n(sec.185-ssec.1) A person commits an offence if— the person uses, or permits to be used, on a road a heavy combination; and a trailer in the combination is not securely coupled to the vehicle in front of it. Maximum penalty—$6000.\n(sec.185-ssec.2) A person commits an offence if— the person uses, or permits to be used, on a road a heavy combination; and the components of a coupling used between vehicles in the heavy combination are not compatible with, or properly connected to, each other. Maximum penalty—$6000.\n(sec.185-ssec.3) In this section— coupling means a device used to couple a vehicle in a combination to the vehicle in front of it.\n- (a) the person uses, or permits to be used, on a road a heavy combination; and\n- (b) a trailer in the combination is not securely coupled to the vehicle in front of it.\n- (a) the person uses, or permits to be used, on a road a heavy combination; and\n- (b) the components of a coupling used between vehicles in the heavy combination are not compatible with, or properly connected to, each other.","sortOrder":357},{"sectionNumber":"sch-inc-ch.4-pt.4.9-div.3","sectionType":"division","heading":"Transport documentation","content":"## Transport documentation","sortOrder":358},{"sectionNumber":"sec.186","sectionType":"section","heading":"False or misleading transport documentation for goods","content":"### sec.186 False or misleading transport documentation for goods\n\nThis section applies if goods are consigned for road transport using a heavy vehicle, or for transport partly by road using a heavy vehicle and partly by some other means.\nThe consignor of the goods must ensure, so far as is reasonably practicable, the consignment documentation is not false or misleading.\nMaximum penalty—$10000.\nIf the goods are Australian-packed goods, the packer of the goods must ensure, so far as is reasonably practicable, the consignment documentation is not false or misleading.\nMaximum penalty—$10000.\nIf the goods are overseas-packed goods, the receiver of the goods must ensure, so far as is reasonably practicable, the consignment documentation is not false or misleading.\nMaximum penalty—$10000.\nIf the goods are loaded on the heavy vehicle, the loading manager for, or loader of, the goods must ensure, so far as is reasonably practicable, the consignment documentation is not false or misleading.\nMaximum penalty—$10000.\nIn a proceeding for an offence against subsection (2) , (3) , (4) or (5) , it is enough for a charge to state that the transport documentation was ‘false or misleading’, without specifying whether it was false or whether it was misleading.\nIn this section—\nAustralian-packed goods means goods packed—\nin Australia; and\non a pallet or in a package, freight container or other container.\nconsignment documentation , for goods, means the transport documentation for the consignment of the goods, in so far as the documentation relates to the mass, dimension or loading of any or all of the goods.\noverseas-packed goods means goods packed—\noutside Australia; and\non a pallet or in a package, freight container or other container.\nreceiver , of goods in Australia, means a person who, other than the person who merely unloads the goods—\nfirst receives the goods in Australia; or\nunpacks the goods after the goods are first unloaded in Australia.\nsch s 186 amd 2016 No. 65 s 27\namd 2025 No. 26 s 39 (uncommenced amendment)\n(sec.186-ssec.1) This section applies if goods are consigned for road transport using a heavy vehicle, or for transport partly by road using a heavy vehicle and partly by some other means.\n(sec.186-ssec.2) The consignor of the goods must ensure, so far as is reasonably practicable, the consignment documentation is not false or misleading. Maximum penalty—$10000.\n(sec.186-ssec.3) If the goods are Australian-packed goods, the packer of the goods must ensure, so far as is reasonably practicable, the consignment documentation is not false or misleading. Maximum penalty—$10000.\n(sec.186-ssec.4) If the goods are overseas-packed goods, the receiver of the goods must ensure, so far as is reasonably practicable, the consignment documentation is not false or misleading. Maximum penalty—$10000.\n(sec.186-ssec.5) If the goods are loaded on the heavy vehicle, the loading manager for, or loader of, the goods must ensure, so far as is reasonably practicable, the consignment documentation is not false or misleading. Maximum penalty—$10000.\n(sec.186-ssec.8) In a proceeding for an offence against subsection (2) , (3) , (4) or (5) , it is enough for a charge to state that the transport documentation was ‘false or misleading’, without specifying whether it was false or whether it was misleading.\n(sec.186-ssec.9) In this section— Australian-packed goods means goods packed— in Australia; and on a pallet or in a package, freight container or other container. consignment documentation , for goods, means the transport documentation for the consignment of the goods, in so far as the documentation relates to the mass, dimension or loading of any or all of the goods. overseas-packed goods means goods packed— outside Australia; and on a pallet or in a package, freight container or other container. receiver , of goods in Australia, means a person who, other than the person who merely unloads the goods— first receives the goods in Australia; or unpacks the goods after the goods are first unloaded in Australia.\n- (a) in Australia; and\n- (b) on a pallet or in a package, freight container or other container.\n- (a) outside Australia; and\n- (b) on a pallet or in a package, freight container or other container.\n- (a) first receives the goods in Australia; or\n- (b) unpacks the goods after the goods are first unloaded in Australia.","sortOrder":359},{"sectionNumber":"sec.187","sectionType":"section","heading":"False or misleading information in container weight declaration","content":"### sec.187 False or misleading information in container weight declaration\n\nThis section applies in relation to a freight container to be transported by road using a heavy vehicle, or partly by road using a heavy vehicle and partly by some other means.\nThe responsible entity for the freight container must ensure, so far as is reasonably practicable, the container weight declaration for the container that is given to an operator of the heavy vehicle is not false or misleading.\nMaximum penalty—$10000.\nAn operator of the heavy vehicle must ensure, so far as is reasonably practicable, the container weight declaration for the container that is given to the vehicle’s driver is not false or misleading.\nMaximum penalty—$10000.\nFor the purposes of this section, information in a container weight declaration is not false or misleading merely because it overstates the actual weight of the freight container and its contents.\nIn a proceeding for an offence against subsection (2) or (3) , it is enough for a charge to state that information contained in the container weight declaration was ‘false or misleading’, without specifying whether it was false or whether it was misleading.\nsch s 187 amd 2016 No. 65 s 28\namd 2025 No. 26 s 40 (uncommenced amendment)\n(sec.187-ssec.1) This section applies in relation to a freight container to be transported by road using a heavy vehicle, or partly by road using a heavy vehicle and partly by some other means.\n(sec.187-ssec.2) The responsible entity for the freight container must ensure, so far as is reasonably practicable, the container weight declaration for the container that is given to an operator of the heavy vehicle is not false or misleading. Maximum penalty—$10000.\n(sec.187-ssec.3) An operator of the heavy vehicle must ensure, so far as is reasonably practicable, the container weight declaration for the container that is given to the vehicle’s driver is not false or misleading. Maximum penalty—$10000.\n(sec.187-ssec.4) For the purposes of this section, information in a container weight declaration is not false or misleading merely because it overstates the actual weight of the freight container and its contents.\n(sec.187-ssec.7) In a proceeding for an offence against subsection (2) or (3) , it is enough for a charge to state that information contained in the container weight declaration was ‘false or misleading’, without specifying whether it was false or whether it was misleading.","sortOrder":360},{"sectionNumber":"sch-inc-ch.4-pt.4.9-div.4","sectionType":"division","heading":"Other offences about container weight declarations","content":"## Other offences about container weight declarations","sortOrder":361},{"sectionNumber":"sec.188","sectionType":"section","heading":"Application of Div 4","content":"### sec.188 Application of Div 4\n\nThis Division applies to a freight container consigned for road transport using a heavy vehicle, or for transport partly by road using a heavy vehicle and partly by some other means.","sortOrder":362},{"sectionNumber":"sec.189","sectionType":"section","heading":"Meaning of complying container weight declaration","content":"### sec.189 Meaning of complying container weight declaration\n\nA container weight declaration for a freight container is a complying container weight declaration if—\nit contains the following additional information—\nthe number and other particulars of the freight container necessary to identify the container;\nthe name and residential address or business address in Australia of the responsible entity for the freight container;\nthe date the container weight declaration is made; and\nit is written and easily legible.\nsch s 189 amd 2015 No. 12 s 15\n- (a) it contains the following additional information— (i) the number and other particulars of the freight container necessary to identify the container; (ii) the name and residential address or business address in Australia of the responsible entity for the freight container; (iii) the date the container weight declaration is made; and\n- (i) the number and other particulars of the freight container necessary to identify the container;\n- (ii) the name and residential address or business address in Australia 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- (i) the number and other particulars of the freight container necessary to identify the container;\n- (ii) the name and residential address or business address in Australia of the responsible entity for the freight container;\n- (iii) the date the container weight declaration is made; and","sortOrder":363},{"sectionNumber":"sec.190","sectionType":"section","heading":"Duty of responsible entity","content":"### sec.190 Duty of responsible entity\n\nThe responsible entity for the freight container must ensure an operator or driver of a heavy vehicle does not transport the freight container by road using the vehicle without a complying container weight declaration for the freight container containing information in the form required under section 192A , unless the responsible entity has a reasonable excuse.\nMaximum penalty—$6000.\nsch s 190 amd 2015 No. 12 s 16 ; 2016 No. 65 s 29\n(sec.190-ssec.1) The responsible entity for the freight container must ensure an operator or driver of a heavy vehicle does not transport the freight container by road using the vehicle without a complying container weight declaration for the freight container containing information in the form required under section 192A , unless the responsible entity has a reasonable excuse. Maximum penalty—$6000.","sortOrder":364},{"sectionNumber":"sec.191","sectionType":"section","heading":"Duty of operator","content":"### sec.191 Duty of operator\n\nAn operator of a heavy vehicle must ensure the vehicle’s driver does not transport the freight container by road using the vehicle without a complying container weight declaration for the freight container containing information in the form required under section 192A .\nMaximum penalty—$6000.\nIf the driver of a heavy vehicle does not have the complying container weight declaration when transporting the freight container by road using the vehicle, an operator of the vehicle is taken to have contravened subsection (1) unless the operator—\nproves that the driver was provided with the declaration before the driver started transporting the freight container; or\nhas a reasonable excuse.\nIf the freight container is to be transported by another carrier, an operator of a heavy vehicle must, unless the operator has a reasonable excuse, ensure the freight container is not given to the carrier unless the carrier has been provided with—\na complying container weight declaration for the freight container containing information in the form required under section 192A ; or\nthe prescribed particulars contained in a complying container weight declaration for the freight container.\nMaximum penalty—$6000.\nIn this section—\nanother carrier means another operator of a heavy vehicle or another person who is to transport the freight container other than by road.\nprescribed particulars , contained in a complying container weight declaration for a freight container, means—\ninformation about the weight of the freight container and its contents; and\nthe information mentioned in section 189 (a) .\nsch s 191 amd 2015 No. 12 s 17 ; 2016 No. 65 s 30\n(sec.191-ssec.1) An operator of a heavy vehicle must ensure the vehicle’s driver does not transport the freight container by road using the vehicle without a complying container weight declaration for the freight container containing information in the form required under section 192A . Maximum penalty—$6000.\n(sec.191-ssec.2) If the driver of a heavy vehicle does not have the complying container weight declaration when transporting the freight container by road using the vehicle, an operator of the vehicle is taken to have contravened subsection (1) unless the operator— proves that the driver was provided with the declaration before the driver started transporting the freight container; or has a reasonable excuse.\n(sec.191-ssec.3) If the freight container is to be transported by another carrier, an operator of a heavy vehicle must, unless the operator has a reasonable excuse, ensure the freight container is not given to the carrier unless the carrier has been provided with— a complying container weight declaration for the freight container containing information in the form required under section 192A ; or the prescribed particulars contained in a complying container weight declaration for the freight container. Maximum penalty—$6000.\n(sec.191-ssec.6) In this section— another carrier means another operator of a heavy vehicle or another person who is to transport the freight container other than by road. prescribed particulars , contained in a complying container weight declaration for a freight container, means— information about the weight of the freight container and its contents; and the information mentioned in section 189 (a) .\n- (a) proves that the driver was provided with the declaration before the driver started transporting the freight container; or\n- (b) has a reasonable excuse.\n- (a) a complying container weight declaration for the freight container containing information in the form required under section 192A ; or\n- (b) the prescribed particulars contained in a complying container weight declaration for the freight container.\n- (a) information about the weight of the freight container and its contents; and\n- (b) the information mentioned in section 189 (a) .","sortOrder":365},{"sectionNumber":"sec.192","sectionType":"section","heading":"Duty of driver","content":"### sec.192 Duty of driver\n\nA person must not drive a heavy vehicle loaded with the freight container on a road without a complying weight declaration for the container, unless the person has a reasonable excuse.\nMaximum penalty—$6000.\nThe driver of a heavy vehicle loaded with the freight container must, unless the driver has a reasonable excuse, when driving the vehicle on a road, keep the complying container weight declaration for the container—\nin or about the vehicle; and\nin a way that ensures information in the declaration is in the form required under section 192A .\nMaximum penalty—$3000.\nsch s 192 amd 2015 No. 12 s 18 ; 2016 No. 65 s 31\n(sec.192-ssec.1) A person must not drive a heavy vehicle loaded with the freight container on a road without a complying weight declaration for the container, unless the person has a reasonable excuse. Maximum penalty—$6000.\n(sec.192-ssec.2) The driver of a heavy vehicle loaded with the freight container must, unless the driver has a reasonable excuse, when driving the vehicle on a road, keep the complying container weight declaration for the container— in or about the vehicle; and in a way that ensures information in the declaration is in the form required under section 192A . Maximum penalty—$3000.\n- (a) in or about the vehicle; and\n- (b) in a way that ensures information in the declaration is in the form required under section 192A .","sortOrder":366},{"sectionNumber":"sec.192A","sectionType":"section","heading":"Form of information in container weight declaration","content":"### sec.192A Form of information in container weight declaration\n\nThis section applies for the purposes of sections 190 (1) , 191 (1) and (3) (a) and 192 (2) (b) .\nThe responsible entity, operator or driver must ensure the information in the container weight declaration is in a form readily available to an authorised officer who seeks to ascertain it while in the presence of the freight container, including, for example, by—\nexamining documents located in the heavy vehicle on which the freight container is loaded or to be loaded; or\nexamining documents made available to the authorised officer on an electronic device or otherwise in electronic form.\nsch s 192A ins 2015 No. 12 s 19\namd 2018 No. 10 s 21\n(sec.192A-ssec.1) This section applies for the purposes of sections 190 (1) , 191 (1) and (3) (a) and 192 (2) (b) .\n(sec.192A-ssec.2) The responsible entity, operator or driver must ensure the information in the container weight declaration is in a form readily available to an authorised officer who seeks to ascertain it while in the presence of the freight container, including, for example, by— examining documents located in the heavy vehicle on which the freight container is loaded or to be loaded; or examining documents made available to the authorised officer on an electronic device or otherwise in electronic form.\n- (a) examining documents located in the heavy vehicle on which the freight container is loaded or to be loaded; or\n- (b) examining documents made available to the authorised officer on an electronic device or otherwise in electronic form.","sortOrder":367},{"sectionNumber":"sch-inc-ch.4-pt.4.9-div.5","sectionType":"division","heading":"Other offences","content":"## Other offences","sortOrder":368},{"sectionNumber":"sec.193","sectionType":"section","heading":"Weight of freight container exceeding weight stated on container or safety approval plate","content":"### sec.193 Weight of freight container exceeding weight stated on container or safety approval plate\n\nThis section applies if a freight container contains goods consigned for road transport using a heavy vehicle, or for transport partly by road using a heavy vehicle and partly by some other means.\nEach consignor or packer of the goods must ensure, so far as is reasonably practicable, the weight of the container does not exceed the maximum gross weight marked on—\nthe container; or\nthe container’s safety approval plate.\nMaximum penalty—$10000.\nIn this section—\nsafety approval plate , for a freight container, means the safety approval plate required to be attached to the container under the International Convention for Safe Containers set out in Schedule 5 of the Navigation Act 1912 of the Commonwealth.\nsch s 193 amd 2016 No. 65 s 32\n(sec.193-ssec.1) This section applies if a freight container contains goods consigned for road transport using a heavy vehicle, or for transport partly by road using a heavy vehicle and partly by some other means.\n(sec.193-ssec.2) Each consignor or packer of the goods must ensure, so far as is reasonably practicable, the weight of the container does not exceed the maximum gross weight marked on— the container; or the container’s safety approval plate. Maximum penalty—$10000.\n(sec.193-ssec.5) In this section— safety approval plate , for a freight container, means the safety approval plate required to be attached to the container under the International Convention for Safe Containers set out in Schedule 5 of the Navigation Act 1912 of the Commonwealth.\n- (a) the container; or\n- (b) the container’s safety approval plate.","sortOrder":369},{"sectionNumber":"sec.194","sectionType":"section","heading":null,"content":"### Section sec.194\n\nsch s 194 om 2016 No. 65 s 33","sortOrder":370},{"sectionNumber":"sch-inc-ch.4-pt.4.10","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":371},{"sectionNumber":"sec.195","sectionType":"section","heading":"Conflicting mass requirements","content":"### sec.195 Conflicting mass requirements\n\nThis section applies if 2 or more conflicting mass requirements apply to a heavy vehicle.\nOf the conflicting requirements, the requirement imposing the lower or lowest mass limit applies to the heavy vehicle and the other requirement or requirements must be disregarded to the extent of the conflict.\n(sec.195-ssec.1) This section applies if 2 or more conflicting mass requirements apply to a heavy vehicle.\n(sec.195-ssec.2) Of the conflicting requirements, the requirement imposing the lower or lowest mass limit applies to the heavy vehicle and the other requirement or requirements must be disregarded to the extent of the conflict.","sortOrder":372},{"sectionNumber":"sec.196","sectionType":"section","heading":"Conflicting dimension requirements","content":"### sec.196 Conflicting dimension requirements\n\nThis section applies if 2 or more conflicting dimension requirements apply to a heavy vehicle.\nOf the conflicting requirements, the requirement imposing the more or most restrictive dimension limit applies to the heavy vehicle and the other requirement or requirements must be disregarded to the extent of the conflict.\n(sec.196-ssec.1) This section applies if 2 or more conflicting dimension requirements apply to a heavy vehicle.\n(sec.196-ssec.2) Of the conflicting requirements, the requirement imposing the more or most restrictive dimension limit applies to the heavy vehicle and the other requirement or requirements must be disregarded to the extent of the conflict.","sortOrder":373},{"sectionNumber":"sec.197","sectionType":"section","heading":"Exemption from compliance with particular requirements in emergency","content":"### sec.197 Exemption from compliance with particular requirements in emergency\n\nThe Regulator may, orally or in writing, exempt a heavy vehicle, or the driver or operator of a heavy vehicle, from a prescribed requirement if the Regulator is satisfied—\nthe vehicle is being used, or is intended to be used, in an emergency, including, for example, a fire, explosion or natural disaster—\nto protect life or property; or\nto restore communication or the supply of energy or water or services, including, for example, sewage disposal; and\ngranting the exemption will not create an unreasonable danger to other road users.\nAn exemption granted under subsection (1) may be subject to conditions the Regulator considers appropriate.\nIf an exemption is granted orally under subsection (1) , the Regulator must, as soon as practicable—\nmake a written record of the exemption and any conditions to which it is subject; and\ngive a copy of the written record to an operator of the heavy vehicle to which it relates.\nAn exemption under this section has effect only while the conditions, if any, to which it is subject are complied with.\nThe Regulator is to notify the relevant road authority of the grant of an exemption under subsection (1) as soon as practicable after it is granted.\nIn this section—\nprescribed requirement means—\na mass requirement; or\na dimension requirement; or\na requirement under Part 4.5 , including, for example, a requirement to comply with a condition of an exemption under that Part; or\na requirement under Part 4.6 , including, for example, a requirement to comply with a condition of an authorisation under that Part.\nrelevant road authority , for an exemption granted under subsection (1) , means the road authority for the participating jurisdiction in which the road likely to be travelled under the exemption is situated.\n(sec.197-ssec.1) The Regulator may, orally or in writing, exempt a heavy vehicle, or the driver or operator of a heavy vehicle, from a prescribed requirement if the Regulator is satisfied— the vehicle is being used, or is intended to be used, in an emergency, including, for example, a fire, explosion or natural disaster— to protect life or property; or to restore communication or the supply of energy or water or services, including, for example, sewage disposal; and granting the exemption will not create an unreasonable danger to other road users.\n(sec.197-ssec.2) An exemption granted under subsection (1) may be subject to conditions the Regulator considers appropriate.\n(sec.197-ssec.3) If an exemption is granted orally under subsection (1) , the Regulator must, as soon as practicable— make a written record of the exemption and any conditions to which it is subject; and give a copy of the written record to an operator of the heavy vehicle to which it relates.\n(sec.197-ssec.4) An exemption under this section has effect only while the conditions, if any, to which it is subject are complied with.\n(sec.197-ssec.5) The Regulator is to notify the relevant road authority of the grant of an exemption under subsection (1) as soon as practicable after it is granted.\n(sec.197-ssec.6) In this section— prescribed requirement means— a mass requirement; or a dimension requirement; or a requirement under Part 4.5 , including, for example, a requirement to comply with a condition of an exemption under that Part; or a requirement under Part 4.6 , including, for example, a requirement to comply with a condition of an authorisation under that Part. relevant road authority , for an exemption granted under subsection (1) , means the road authority for the participating jurisdiction in which the road likely to be travelled under the exemption is situated.\n- (a) the vehicle is being used, or is intended to be used, in an emergency, including, for example, a fire, explosion or natural disaster— (i) to protect life or property; or (ii) to restore communication or the supply of energy or water or services, including, for example, sewage disposal; and\n- (i) to protect life or property; or\n- (ii) to restore communication or the supply of energy or water or services, including, for example, sewage disposal; and\n- (b) granting the exemption will not create an unreasonable danger to other road users.\n- (i) to protect life or property; or\n- (ii) to restore communication or the supply of energy or water or services, including, for example, sewage disposal; and\n- (a) make a written record of the exemption and any conditions to which it is subject; and\n- (b) give a copy of the written record to an operator of the heavy vehicle to which it relates.\n- (a) a mass requirement; or\n- (b) a dimension requirement; or\n- (c) a requirement under Part 4.5 , including, for example, a requirement to comply with a condition of an exemption under that Part; or\n- (d) a requirement under Part 4.6 , including, for example, a requirement to comply with a condition of an authorisation under that Part.","sortOrder":374},{"sectionNumber":"sec.198","sectionType":"section","heading":"Recovery of losses arising from non-provision of container weight declaration","content":"### sec.198 Recovery of losses arising from non-provision of container weight declaration\n\nThis section applies if the driver of a heavy vehicle transporting a freight container by road using the vehicle has not been provided with a container weight declaration for the freight container before starting to transport the freight container.\nA person who has incurred a loss as a result of the declaration not being provided (the plaintiff ) has a right to recover the loss from the responsible entity for the freight container.\nFor the purposes of subsection (2) , the losses that may be recovered include the following—\nloss incurred from delays in the delivery of the freight container, any of its contents or any other goods;\nloss incurred from the damage to or spoliation of anything contained in the freight container;\nloss incurred from providing another heavy vehicle, and loss incurred from delays arising from providing another heavy vehicle;\ncosts or expenses incurred for weighing the freight container or any of its contents.\nThe plaintiff may enforce the plaintiff’s right to recovery under subsection (2) by bringing a proceeding in a court of competent jurisdiction for an order for payment of the monetary value of the loss.\n(sec.198-ssec.1) This section applies if the driver of a heavy vehicle transporting a freight container by road using the vehicle has not been provided with a container weight declaration for the freight container before starting to transport the freight container.\n(sec.198-ssec.2) A person who has incurred a loss as a result of the declaration not being provided (the plaintiff ) has a right to recover the loss from the responsible entity for the freight container.\n(sec.198-ssec.3) For the purposes of subsection (2) , the losses that may be recovered include the following— loss incurred from delays in the delivery of the freight container, any of its contents or any other goods; loss incurred from the damage to or spoliation of anything contained in the freight container; loss incurred from providing another heavy vehicle, and loss incurred from delays arising from providing another heavy vehicle; costs or expenses incurred for weighing the freight container or any of its contents.\n(sec.198-ssec.4) The plaintiff may enforce the plaintiff’s right to recovery under subsection (2) by bringing a proceeding in a court of competent jurisdiction for an order for payment of the monetary value of the loss.\n- (a) loss incurred from delays in the delivery of the freight container, any of its contents or any other goods;\n- (b) loss incurred from the damage to or spoliation of anything contained in the freight container;\n- (c) loss incurred from providing another heavy vehicle, and loss incurred from delays arising from providing another heavy vehicle;\n- (d) costs or expenses incurred for weighing the freight container or any of its contents.","sortOrder":375},{"sectionNumber":"sec.199","sectionType":"section","heading":"Recovery of losses for provision of inaccurate container weight declaration","content":"### sec.199 Recovery of losses for provision of inaccurate container weight declaration\n\nThis section applies if—\nan operator or driver of a heavy vehicle transporting a freight container by road using the vehicle has been provided with a container weight declaration for the freight container; and\nthe declaration contains information (the false or misleading information ) that is false or misleading because it—\nunderstates the weight of the container; or\notherwise indicates the weight of the container is lower than its actual weight; and\na contravention of a mass requirement applying to the heavy vehicle occurs as a result of the operator or driver relying on the false or misleading information; and\nat the relevant time, the operator or driver either—\nhad a reasonable belief the vehicle was not in contravention of the mass requirement; or\ndid not know, and ought not reasonably to have known, that the minimum weight stated in the declaration was lower than the actual weight of the container.\nA person who has incurred a loss as a result of the declaration containing the false or misleading information (the plaintiff ) has a right to recover the loss from the responsible entity for the freight container.\nFor the purposes of subsection (2) , the losses that may be recovered include the following—\nthe amount of a fine or other penalty imposed on the plaintiff for an offence against this Law;\nthe amount of a fine or other penalty imposed on an employee or agent of the plaintiff for an offence against this Law and reimbursed by the plaintiff;\nloss incurred from delays in the delivery of the freight container, any of its contents, or any other goods;\nloss incurred from the damage to or spoliation of anything contained in the freight container;\nloss incurred from providing another heavy vehicle, and loss incurred from delays arising from providing another heavy vehicle;\ncosts or expenses incurred for weighing the freight container or any of its contents.\nThe plaintiff may enforce the plaintiff’s right to recovery under subsection (2) by bringing a proceeding in a court of competent jurisdiction for an order for payment of the monetary value of the loss.\nsch s 199 amd 2016 No. 65 s 34\n(sec.199-ssec.1) This section applies if— an operator or driver of a heavy vehicle transporting a freight container by road using the vehicle has been provided with a container weight declaration for the freight container; and the declaration contains information (the false or misleading information ) that is false or misleading because it— understates the weight of the container; or otherwise indicates the weight of the container is lower than its actual weight; and a contravention of a mass requirement applying to the heavy vehicle occurs as a result of the operator or driver relying on the false or misleading information; and at the relevant time, the operator or driver either— had a reasonable belief the vehicle was not in contravention of the mass requirement; or did not know, and ought not reasonably to have known, that the minimum weight stated in the declaration was lower than the actual weight of the container.\n(sec.199-ssec.2) A person who has incurred a loss as a result of the declaration containing the false or misleading information (the plaintiff ) has a right to recover the loss from the responsible entity for the freight container.\n(sec.199-ssec.3) For the purposes of subsection (2) , the losses that may be recovered include the following— the amount of a fine or other penalty imposed on the plaintiff for an offence against this Law; the amount of a fine or other penalty imposed on an employee or agent of the plaintiff for an offence against this Law and reimbursed by the plaintiff; loss incurred from delays in the delivery of the freight container, any of its contents, or any other goods; loss incurred from the damage to or spoliation of anything contained in the freight container; loss incurred from providing another heavy vehicle, and loss incurred from delays arising from providing another heavy vehicle; costs or expenses incurred for weighing the freight container or any of its contents.\n(sec.199-ssec.4) The plaintiff may enforce the plaintiff’s right to recovery under subsection (2) by bringing a proceeding in a court of competent jurisdiction for an order for payment of the monetary value of the loss.\n- (a) an operator or driver of a heavy vehicle transporting a freight container by road using the vehicle has been provided with a container weight declaration for the freight container; and\n- (b) the declaration contains information (the false or misleading information ) that is false or misleading because it— (i) understates the weight of the container; or (ii) otherwise indicates the weight of the container is lower than its actual weight; and\n- (i) understates the weight of the container; or\n- (ii) otherwise indicates the weight of the container is lower than its actual weight; and\n- (c) a contravention of a mass requirement applying to the heavy vehicle occurs as a result of the operator or driver relying on the false or misleading information; and\n- (d) at the relevant time, the operator or driver either— (i) had a reasonable belief the vehicle was not in contravention of the mass requirement; or (ii) did not know, and ought not reasonably to have known, that the minimum weight stated in the declaration was lower than the actual weight of the container.\n- (i) had a reasonable belief the vehicle was not in contravention of the mass requirement; or\n- (ii) did not know, and ought not reasonably to have known, that the minimum weight stated in the declaration was lower than the actual weight of the container.\n- (i) understates the weight of the container; or\n- (ii) otherwise indicates the weight of the container is lower than its actual weight; and\n- (i) had a reasonable belief the vehicle was not in contravention of the mass requirement; or\n- (ii) did not know, and ought not reasonably to have known, that the minimum weight stated in the declaration was lower than the actual weight of the container.\n- (a) the amount of a fine or other penalty imposed on the plaintiff for an offence against this Law;\n- (b) the amount of a fine or other penalty imposed on an employee or agent of the plaintiff for an offence against this Law and reimbursed by the plaintiff;\n- (c) loss incurred from delays in the delivery of the freight container, any of its contents, or any other goods;\n- (d) loss incurred from the damage to or spoliation of anything contained in the freight container;\n- (e) loss incurred from providing another heavy vehicle, and loss incurred from delays arising from providing another heavy vehicle;\n- (f) costs or expenses incurred for weighing the freight container or any of its contents.","sortOrder":376},{"sectionNumber":"sec.200","sectionType":"section","heading":"Recovery by responsible entity of amount paid under s 199","content":"### sec.200 Recovery by responsible entity of amount paid under s 199\n\nThis section applies if, under section 199 , a person brings a proceeding (a recovery proceeding ) in a court for an order that the responsible entity for a freight container pay the person an amount for loss incurred by the person as a result of the container weight declaration for the freight container containing false or misleading information mentioned in section 199 (1) (b) .\nThe responsible entity has a right to recover from a person (the information provider ) who provided the responsible entity with all or part of the false or misleading information the part of the amount (the attributable amount ) attributable to the information provided by the information provider.\nThe responsible entity may enforce the entity’s right to recovery under subsection (2) by—\nif the recovery proceeding has not been decided— joining the information provider in the proceeding and applying to the court for an order that the information provider pay the attributable amount to the responsible entity if an order is made under section 199 (4) ; or\nif the recovery proceeding has been decided—bringing a proceeding in a court of competent jurisdiction for an order that the information provider pay the attributable amount to the responsible entity.\n(sec.200-ssec.1) This section applies if, under section 199 , a person brings a proceeding (a recovery proceeding ) in a court for an order that the responsible entity for a freight container pay the person an amount for loss incurred by the person as a result of the container weight declaration for the freight container containing false or misleading information mentioned in section 199 (1) (b) .\n(sec.200-ssec.2) The responsible entity has a right to recover from a person (the information provider ) who provided the responsible entity with all or part of the false or misleading information the part of the amount (the attributable amount ) attributable to the information provided by the information provider.\n(sec.200-ssec.3) The responsible entity may enforce the entity’s right to recovery under subsection (2) by— if the recovery proceeding has not been decided— joining the information provider in the proceeding and applying to the court for an order that the information provider pay the attributable amount to the responsible entity if an order is made under section 199 (4) ; or if the recovery proceeding has been decided—bringing a proceeding in a court of competent jurisdiction for an order that the information provider pay the attributable amount to the responsible entity.\n- (a) if the recovery proceeding has not been decided— joining the information provider in the proceeding and applying to the court for an order that the information provider pay the attributable amount to the responsible entity if an order is made under section 199 (4) ; or\n- (b) if the recovery proceeding has been decided—bringing a proceeding in a court of competent jurisdiction for an order that the information provider pay the attributable amount to the responsible entity.","sortOrder":377},{"sectionNumber":"sec.201","sectionType":"section","heading":"Assessment of monetary value or attributable amount","content":"### sec.201 Assessment of monetary value or attributable amount\n\nThe court may assess the monetary value of a loss recoverable under section 198 (2) or 199 (2) , or the attributable amount recoverable under section 200 (2) , in the way it considers appropriate.\nIn making the assessment, the court may have regard to the matters it considers appropriate, including any evidence adduced in a proceeding for an offence against this Law.\n(sec.201-ssec.1) The court may assess the monetary value of a loss recoverable under section 198 (2) or 199 (2) , or the attributable amount recoverable under section 200 (2) , in the way it considers appropriate.\n(sec.201-ssec.2) In making the assessment, the court may have regard to the matters it considers appropriate, including any evidence adduced in a proceeding for an offence against this Law.","sortOrder":378},{"sectionNumber":"sch-inc-ch.5-pt.5.1","sectionType":"part","heading":null,"content":"","sortOrder":379},{"sectionNumber":"sec.202","sectionType":"section","heading":null,"content":"### Section sec.202\n\nsch s 202 om 2016 No. 65 s 35","sortOrder":380},{"sectionNumber":"sec.203","sectionType":"section","heading":null,"content":"### Section sec.203\n\nsch s 203 om 2016 No. 65 s 35","sortOrder":381},{"sectionNumber":"sch-inc-ch.5-pt.5.2","sectionType":"part","heading":null,"content":"","sortOrder":382},{"sectionNumber":"sch-inc-ch.5-pt.5.2-div.1","sectionType":"division","heading":null,"content":"","sortOrder":383},{"sectionNumber":"sec.204","sectionType":"section","heading":null,"content":"### Section sec.204\n\nsch s 204 om 2016 No. 65 s 35","sortOrder":384},{"sectionNumber":"sec.205","sectionType":"section","heading":null,"content":"### Section sec.205\n\nsch s 205 om 2016 No. 65 s 35","sortOrder":385},{"sectionNumber":"sec.206","sectionType":"section","heading":null,"content":"### Section sec.206\n\nsch s 206 om 2016 No. 65 s 35","sortOrder":386},{"sectionNumber":"sch-inc-ch.5-pt.5.2-div.2","sectionType":"division","heading":null,"content":"","sortOrder":387},{"sectionNumber":"sec.207","sectionType":"section","heading":null,"content":"### Section sec.207\n\nsch s 207 om 2016 No. 65 s 35","sortOrder":388},{"sectionNumber":"sec.208","sectionType":"section","heading":null,"content":"### Section sec.208\n\nsch s 208 amd 2015 No. 12 s 67 sch\nom 2016 No. 65 s 35","sortOrder":389},{"sectionNumber":"sch-inc-ch.5-pt.5.2-div.3","sectionType":"division","heading":null,"content":"","sortOrder":390},{"sectionNumber":"sec.209","sectionType":"section","heading":null,"content":"### Section sec.209\n\nsch s 209 om 2016 No. 65 s 35","sortOrder":391},{"sectionNumber":"sch-inc-ch.5-pt.5.2-div.4","sectionType":"division","heading":null,"content":"","sortOrder":392},{"sectionNumber":"sec.210","sectionType":"section","heading":null,"content":"### Section sec.210\n\nsch s 210 om 2016 No. 65 s 35","sortOrder":393},{"sectionNumber":"sec.211","sectionType":"section","heading":null,"content":"### Section sec.211\n\nsch s 211 om 2016 No. 65 s 35","sortOrder":394},{"sectionNumber":"sec.212","sectionType":"section","heading":null,"content":"### Section sec.212\n\nsch s 212 om 2016 No. 65 s 35","sortOrder":395},{"sectionNumber":"sec.213","sectionType":"section","heading":null,"content":"### Section sec.213\n\nsch s 213 amd 2015 No. 12 s 67 sch\nom 2016 No. 65 s 35","sortOrder":396},{"sectionNumber":"sch-inc-ch.5-pt.5.2-div.5","sectionType":"division","heading":null,"content":"","sortOrder":397},{"sectionNumber":"sec.214","sectionType":"section","heading":null,"content":"### Section sec.214\n\nsch s 214 om 2016 No. 65 s 35","sortOrder":398},{"sectionNumber":"sec.215","sectionType":"section","heading":null,"content":"### Section sec.215\n\nsch s 215 om 2016 No. 65 s 35","sortOrder":399},{"sectionNumber":"sec.216","sectionType":"section","heading":null,"content":"### Section sec.216\n\nsch s 216 om 2016 No. 65 s 35","sortOrder":400},{"sectionNumber":"sch-inc-ch.5-pt.5.2-div.6","sectionType":"division","heading":null,"content":"","sortOrder":401},{"sectionNumber":"sec.217","sectionType":"section","heading":null,"content":"### Section sec.217\n\nsch s 217 om 2016 No. 65 s 35","sortOrder":402},{"sectionNumber":"sec.218","sectionType":"section","heading":null,"content":"### Section sec.218\n\nsch s 218 om 2016 No. 65 s 35","sortOrder":403},{"sectionNumber":"sch-inc-ch.5-pt.5.3","sectionType":"part","heading":null,"content":"","sortOrder":404},{"sectionNumber":"sec.219","sectionType":"section","heading":null,"content":"### Section sec.219\n\nsch s 219 om 2016 No. 65 s 35","sortOrder":405},{"sectionNumber":"sch-inc-ch.6-pt.6.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":406},{"sectionNumber":"sec.220","sectionType":"section","heading":"Main purpose of Ch 6","content":"### sec.220 Main purpose of Ch 6\n\nThe main purpose of this Chapter is to provide for the safe management of the fatigue of drivers of fatigue-regulated heavy vehicles while they are driving on a road.\nThe main purpose is achieved by—\nimposing duties on drivers of fatigue-regulated heavy vehicles and particular persons whose activities influence the conduct of drivers of fatigue-regulated heavy vehicles in a way that affects the drivers’ fatigue when driving on a road; and\nimposing general duties directed at preventing persons driving fatigue-regulated heavy vehicles on a road while impaired by fatigue; and\nimposing additional duties directed at helping drivers of fatigue-regulated heavy vehicles to comply with this Chapter, which are imposed on particular parties in the chain of responsibility; and\nproviding for the maximum work requirements and minimum rest requirements applying to drivers of fatigue-regulated heavy vehicles; and\nproviding for recording the work times and rest times of drivers, amongst other things.\nsch s 220 amd 2025 No. 26 s 42 (uncommenced amendment)\n(sec.220-ssec.1) The main purpose of this Chapter is to provide for the safe management of the fatigue of drivers of fatigue-regulated heavy vehicles while they are driving on a road.\n(sec.220-ssec.2) The main purpose is achieved by— imposing duties on drivers of fatigue-regulated heavy vehicles and particular persons whose activities influence the conduct of drivers of fatigue-regulated heavy vehicles in a way that affects the drivers’ fatigue when driving on a road; and imposing general duties directed at preventing persons driving fatigue-regulated heavy vehicles on a road while impaired by fatigue; and imposing additional duties directed at helping drivers of fatigue-regulated heavy vehicles to comply with this Chapter, which are imposed on particular parties in the chain of responsibility; and providing for the maximum work requirements and minimum rest requirements applying to drivers of fatigue-regulated heavy vehicles; and providing for recording the work times and rest times of drivers, amongst other things.\n- (a) imposing duties on drivers of fatigue-regulated heavy vehicles and particular persons whose activities influence the conduct of drivers of fatigue-regulated heavy vehicles in a way that affects the drivers’ fatigue when driving on a road; and\n- (b) imposing general duties directed at preventing persons driving fatigue-regulated heavy vehicles on a road while impaired by fatigue; and\n- (c) imposing additional duties directed at helping drivers of fatigue-regulated heavy vehicles to comply with this Chapter, which are imposed on particular parties in the chain of responsibility; and\n- (d) providing for the maximum work requirements and minimum rest requirements applying to drivers of fatigue-regulated heavy vehicles; and\n- (e) providing for recording the work times and rest times of drivers, amongst other things.","sortOrder":407},{"sectionNumber":"sec.221","sectionType":"section","heading":"Definitions for Ch 6","content":"### sec.221 Definitions for Ch 6\n\nIn this Chapter—\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 section 457 .\nsch s 221 def AFM fatigue management system om 2025 No. 26 s 43 (1) (uncommenced amendment)\nAFM hours has the meaning given by section 257 .\nsch s 221 def AFM hours om 2025 No. 26 s 43 (1) (uncommenced amendment)\napproved electronic recording system means an electronic recording system the subject of a current approval under section 343 or a corresponding fatigue law.\nsch s 221 def approved electronic recording system om 2025 No. 26 s 43 (1) (uncommenced amendment)\napproved sleeper berth means—\nfor a fatigue-regulated heavy vehicle other than a fatigue-regulated bus—a driver’s sleeper berth that complies with ADR 42 and is able to be used by the driver when resting; or\nfor a fatigue-regulated bus—a driver’s sleeper berth that—\ncomplies with a standard for sleeper berths that is approved by the responsible Ministers under section 654 ; and\nis able to be used by the driver when resting.\nsch s 221 def approved sleeper berth sub 2025 No. 26 s 43 (1) – (2) (uncommenced amendment)\nBFM hours has the meaning given by section 253 .\nsch s 221 def BFM hours om 2025 No. 26 s 43 (1) (uncommenced amendment)\ncancel , in relation to an unused daily sheet in a written work diary, means cancel by writing ‘cancelled’ in large letters across the sheet.\nsch s 221 def cancel om 2025 No. 26 s 43 (1) (uncommenced amendment)\ncause of fatigue means any factor that could cause or contribute to a person being fatigued while driving a fatigue-regulated heavy vehicle on a road (whether or not the cause arises while the person is at work).\nphysical or mental exertion\nlong periods of time awake\nnot enough sleep or not enough restorative sleep\nnot enough rest time\na person’s circadian rhythm (body clock)\nenvironmental stress factors, including heat, noise, vibrations\npersonal health\nsch s 221 def cause of fatigue amd 2025 No. 26 s 43 (3) – (4) (uncommenced amendment)\ncorresponding fatigue law —\nA corresponding fatigue law is a law of a non-participating jurisdiction that provides for the same, or substantially the same, matters as this Chapter.\nA corresponding fatigue law for a provision of this Chapter is a provision of a corresponding fatigue law within the meaning of paragraph 1 that corresponds, or substantially corresponds, to the provision of this Chapter.\nFor the purposes of paragraph 1, it is irrelevant whether the law of the non-participating jurisdiction—\nis in 1 instrument or 2 or more instruments; or\nis part of an instrument; or\nis part of an instrument and the whole or part of 1 or more other instruments.\ncritical risk breach , for a maximum work requirement or minimum rest requirement, has the meaning given by section 222 (4) .\ndaily sheet , for a written work diary, has the meaning given by section 338 (2) (b) .\nsch s 221 def daily sheet om 2025 No. 26 s 43 (1) (uncommenced amendment)\nelectronic recording system means a system of recording information electronically.\nsch s 221 def electronic recording system om 2025 No. 26 s 43 (1) (uncommenced amendment)\nelectronic work diary , in relation to a fatigue-regulated heavy vehicle, means all or part of an approved electronic recording system that is fitted to or used in relation to the vehicle to record information a driver of the vehicle is required by this Law to record in a work diary for the purposes of this Law.\nsch s 221 def electronic work diary sub 2015 No. 12 s 20 (1) – (2)\nelectronic work diary label ...\nsch s 221 def electronic work diary label om 2015 No. 12 s 20 (1)\nentry , in a work record, means anything written or otherwise recorded in the work record.\nsch s 221 def entry amd 2015 No. 12 s 20 (3)\nexemption hours has the meaning given by section 259 .\nfatigue has the meaning given by section 223 .\nsch s 221 def fatigue om 2025 No. 26 s 43 (1) (uncommenced amendment)\nimpaired by fatigue has the meaning given by section 225 .\nsch s 221 def impaired by fatigue om 2025 No. 26 s 43 (1) (uncommenced amendment)\nintelligent access program reporting entity , for an approved intelligent transport system, means a person on whom there is an obligation, imposed by Chapter 7 , to report a malfunction of or tampering with the system to the Regulator.\nsch s 221 def intelligent access program reporting entity amd 2016 No. 65 s 139\nloading manager —\nSection 5 contains the definition loading manager . That definition is affected by the definition regular loading or unloading premises , and is used in this Chapter.\nAs a result of the interaction of the 2 definitions, this Chapter applies to a person as a loading manager only if the premises concerned are premises at or from which an average of at least 5 fatigue-regulated heavy vehicles are loaded or unloaded on each day the premises are operated for loading or unloading heavy vehicles.\nsch s 221 def loading manager amd 2016 No. 65 s 36 (1)\nmajor rest break means rest time of at least 5 continuous hours.\nmalfunction , of an electronic work diary or an odometer, means the work diary or odometer —\nceases to work at all, or works only intermittently; or\ndoes not perform 1 or more functions required under this Chapter; or\nperforms the functions mentioned in paragraph (b) only intermittently; or\nperforms the functions mentioned in paragraph (b) in a way that is inaccurate or unreliable, including intermittently inaccurate or unreliable.\ncorruption of data held in the electronic work diary\na software program fault\nphysical damage that impairs the functioning of the electronic work diary\nan 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 the driver’s base for drivers on a journey in a different time zone to the driver’s base.\nsch s 221 def night work time amd 2025 No. 26 s 43 (5) (uncommenced amendment)\nnon-participating jurisdiction means a State or Territory that is not a participating jurisdiction.\nparticipating jurisdiction means a State or Territory in which—\nthis Chapter applies as a law of the State or Territory; or\na law containing provisions that substantially correspond to the provisions of this Chapter is in force.\nparty in the chain of responsibility ...\nsch s 221 def party in the chain of responsibility om 2016 No. 65 s 36 (2)\nrecord keeper has the meaning given by section 317 .\nrecord location , of the driver of a fatigue-regulated heavy vehicle, has the meaning given by section 290 .\nrest , in relation to a fatigue-regulated heavy vehicle, means not work in relation to a fatigue-regulated heavy vehicle.\nrest time , for the driver of a fatigue-regulated heavy vehicle, means any 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 while driving a fatigue-regulated heavy vehicle on a road (whether the sign manifests itself before, during or after the driver drove the vehicle).\nlack of alertness\ninability to concentrate\nreduced ability to recognise or respond to external stimuli\npoor judgment or memory\nmaking more mistakes than usual\ndrowsiness, or falling asleep, at work (including microsleeps)\nfinding it difficult to keep eyes open\nneeding more frequent naps than usual\nnot feeling refreshed after sleep\nexcessive head-nodding or yawning\nblurred vision\nmood changes, increased irritability or other changes to the person’s mental health\nchanges to the person’s health or fitness\nsch s 221 def sign of fatigue amd 2025 No. 26 s 43 (6) – (7) (uncommenced amendment)\nsolo driver means a driver who is not a party to a two-up driving arrangement.\nstandard hours has the meaning given by section 249 .\nstationary rest time means rest time a driver spends—\nout of a fatigue-regulated heavy vehicle; or\nin an approved sleeper berth of a stationary fatigue-regulated heavy vehicle.\nsubstantial risk breach has the meaning given by section 222 (2) .\nsupplementary record means a supplementary record made under section 305 .\ntamper , with an approved electronic recording system, has the meaning given by section 334 .\ntwo-up driving arrangement means an arrangement under which 2 persons share the driving of a fatigue-regulated heavy vehicle that has an approved sleeper berth.\nwork , in relation to a fatigue-regulated heavy vehicle, means—\ndrive a fatigue-regulated heavy vehicle; or\ninstruct another person to drive, or supervise another person driving, a fatigue-regulated heavy vehicle; or\nperform another task relating to the use of a fatigue-regulated heavy vehicle, including, for example—\nload things onto, or unload things from, the heavy vehicle; and\ninspect, service or repair the heavy vehicle; and\ninspect or attend to a load on the heavy vehicle; and\nif the heavy vehicle is a bus, attend to passengers on the bus; and\nclean or refuel the heavy vehicle; and\nperform marketing tasks in relation to the use of the vehicle; and\narranging for the transport of goods or passengers by the heavy vehicle\ncanvassing for orders for the transport of goods or passengers by the heavy vehicle\nhelp another person to perform, or supervise another person performing, a task mentioned in any of subparagraphs (i) to (vi) ; and\nrecord information or complete a document, as required under this Law, a corresponding fatigue law or otherwise, in relation to the use of the vehicle; or\noccupy the driver’s seat of a fatigue-regulated heavy vehicle while its engine is running.\nwork and rest change , for the driver of a fatigue-regulated heavy vehicle, means—\na change from work time to rest time; or\na change from rest time to work time; or\na change from being a solo driver to being a driver who is a party to a two-up driving arrangement; or\na change from being a driver who is a party to a two-up driving arrangement 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—\ngenerally, means a written work diary or electronic work diary kept by the driver for the purposes of this Law; and\nfor Subdivision 1 of Division 2 of Part 6.4 , see section 292 .\nwork record means—\na written or electronic work diary of the driver of a fatigue-regulated heavy vehicle; or\na supplementary record; or\na record required to be made or kept under (or by a condition under) Division 2 , 3 , 8 or 8A of Part 6.4 ; or\na copy of a document, or an entry in a document, mentioned in paragraph (a) , (b) or (c) .\nwork time , for the driver of a fatigue-regulated heavy vehicle, means any time the driver spends undertaking work in relation to the vehicle.\nwritten work diary means a written work diary issued to the driver of a fatigue-regulated heavy vehicle by the Regulator under section 340 or a corresponding fatigue law.\nsch s 221 def written work diary amd 2025 No. 26 s 43 (8) (uncommenced amendment)\n- (a) for a fatigue-regulated heavy vehicle other than a fatigue-regulated bus—a driver’s sleeper berth that complies with ADR 42 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— (i) complies with a standard for sleeper berths that is approved by the responsible Ministers under section 654 ; and (ii) is able to be used by the driver when resting.\n- (i) complies with a standard for sleeper berths that is approved by the responsible Ministers under section 654 ; and\n- (ii) is able to be used by the driver when resting.\n- (i) complies with a standard for sleeper berths that is approved by the responsible Ministers under section 654 ; and\n- (ii) is able to be used by the driver when resting.\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\n- 1 A corresponding fatigue law is a law of a non-participating jurisdiction that provides for the same, or substantially the same, matters as this Chapter.\n- 2 A corresponding fatigue law for a provision of this Chapter is a provision of a corresponding fatigue law within the meaning of paragraph 1 that corresponds, or substantially corresponds, to the provision of this Chapter.\n- 3 For the purposes of paragraph 1, it is irrelevant whether the law of the non-participating jurisdiction— (a) is in 1 instrument or 2 or more instruments; or (b) is part of an instrument; or (c) is part of an instrument and the whole or part of 1 or more other instruments.\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 instruments.\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 instruments.\n- (a) ceases to work at all, or works only intermittently; or\n- (b) does not perform 1 or more functions required under this Chapter; or\n- (c) performs the functions mentioned in paragraph (b) only intermittently; or\n- (d) performs the functions mentioned in paragraph (b) in a way that is inaccurate or unreliable, including intermittently inaccurate or unreliable.\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\n- • an odometer that no longer keeps an accurate record of distance travelled\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 provisions of this Chapter is in force.\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 health\n- • changes to the person’s health or fitness\n- (a) out of a fatigue-regulated heavy vehicle; or\n- (b) in an approved sleeper berth of a stationary fatigue-regulated heavy vehicle.\n- (a) drive a fatigue-regulated heavy vehicle; or\n- (b) instruct another person to drive, or supervise another person driving, a fatigue-regulated heavy vehicle; or\n- (c) perform another task relating to the use of a fatigue-regulated heavy vehicle, including, for example— (i) load things onto, or unload things from, the heavy vehicle; and (ii) inspect, service or repair the heavy vehicle; and (iii) inspect or attend to a load on the heavy vehicle; and (iv) if the heavy vehicle is a bus, attend to passengers on the bus; and (v) clean or refuel the heavy vehicle; and (vi) perform marketing tasks in relation to the use of the vehicle; and Examples for the purposes of subparagraph (vi) — • arranging for the transport of goods or passengers by the heavy vehicle • canvassing for orders for the transport of goods or passengers by the heavy vehicle (vii) help another person to perform, or supervise another person performing, a task mentioned in any of subparagraphs (i) to (vi) ; and (viii) record information or complete a document, as required under this Law, a corresponding fatigue law or otherwise, in relation to the use of the vehicle; or\n- (i) load things onto, or unload things from, the heavy vehicle; and\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 bus; and\n- (v) clean or refuel the heavy vehicle; and\n- (vi) perform marketing tasks in relation to the use of the vehicle; and Examples for the purposes of subparagraph (vi) — • arranging for the transport of goods or passengers by the heavy vehicle • canvassing for orders for the transport of goods or passengers by the heavy vehicle\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 vehicle\n- (vii) help another person to perform, or supervise another person performing, a task mentioned in any of subparagraphs (i) to (vi) ; and\n- (viii) record information or complete a document, as required under this Law, a corresponding fatigue law or otherwise, in relation to the use of the vehicle; or\n- (d) occupy the driver’s seat of a fatigue-regulated heavy vehicle while its engine is running.\n- (i) load things onto, or unload things from, the heavy vehicle; and\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 bus; and\n- (v) clean or refuel the heavy vehicle; and\n- (vi) perform marketing tasks in relation to the use of the vehicle; and Examples for the purposes of subparagraph (vi) — • arranging for the transport of goods or passengers by the heavy vehicle • canvassing for orders for the transport of goods or passengers by the heavy vehicle\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 vehicle\n- (vii) help another person to perform, or supervise another person performing, a task mentioned in any of subparagraphs (i) to (vi) ; and\n- (viii) record information or complete a document, as required under this Law, a corresponding fatigue law or otherwise, in relation to the use of the vehicle; or\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 vehicle\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 to a two-up driving arrangement; or\n- (d) a change from being a driver who is a party to a two-up driving arrangement to being a solo driver.\n- (a) generally, means a written work diary or electronic work diary kept 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- (a) a written or electronic work diary of the driver of a fatigue-regulated heavy vehicle; or\n- (b) a supplementary record; or\n- (c) a record required to be made or kept under (or by a condition under) 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 paragraph (a) , (b) or (c) .","sortOrder":408},{"sectionNumber":"sec.222","sectionType":"section","heading":"Categories of breaches","content":"### sec.222 Categories of breaches\n\nA contravention of a maximum work requirement or minimum rest requirement is a minor risk breach if it is declared under the national regulations to be a breach in the minor risk category.\nA contravention of a maximum work requirement or minimum rest requirement is a substantial risk breach if it is declared under the national regulations to be a breach in the substantial risk category.\nA contravention of a maximum work requirement or minimum rest requirement is a severe risk breach if it is declared under the national regulations to be a breach in the severe risk category.\nA contravention of a maximum work requirement or minimum rest requirement is a critical risk breach if it is declared under the national regulations to be a breach in the critical risk category.\n(sec.222-ssec.1) A contravention of a maximum work requirement or minimum rest requirement is a minor risk breach if it is declared under the national regulations to be a breach in the minor risk category.\n(sec.222-ssec.2) A contravention of a maximum work requirement or minimum rest requirement is a substantial risk breach if it is declared under the national regulations to be a breach in the substantial risk category.\n(sec.222-ssec.3) A contravention of a maximum work requirement or minimum rest requirement is a severe risk breach if it is declared under the national regulations to be a breach in the severe risk category.\n(sec.222-ssec.4) A contravention of a maximum work requirement or minimum rest requirement is a critical risk breach if it is declared under the national regulations to be a breach in the critical risk category.","sortOrder":409},{"sectionNumber":"sch-inc-ch.6-pt.6.2","sectionType":"part","heading":"Duties relating to fatigue","content":"# Duties relating to fatigue","sortOrder":410},{"sectionNumber":"sch-inc-ch.6-pt.6.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":411},{"sectionNumber":"sec.223","sectionType":"section","heading":"What is fatigue","content":"### sec.223 What is fatigue\n\nFatigue includes (but is not limited to)—\nfeeling sleepy; and\nfeeling physically or mentally tired, weary or drowsy; and\nfeeling exhausted or lacking energy; and\nbehaving in a way consistent with paragraph (a) , (b) or (c) .\nThe national regulations may contain provisions supplementing, clarifying or providing examples for any of the provisions of sections 223 to 226 .\n(sec.223-ssec.1) Fatigue includes (but is not limited to)— feeling sleepy; and feeling physically or mentally tired, weary or drowsy; and feeling exhausted or lacking energy; and behaving in a way consistent with paragraph (a) , (b) or (c) .\n(sec.223-ssec.2) The national regulations may contain provisions supplementing, clarifying or providing examples for any of the provisions of sections 223 to 226 .\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) .","sortOrder":412},{"sectionNumber":"sec.224","sectionType":"section","heading":"Matters court may consider in deciding whether person was fatigued","content":"### sec.224 Matters court may consider in deciding whether person was fatigued\n\nWhen deciding whether the driver of a fatigue-regulated heavy vehicle was fatigued, a court may consider the following—\nwhat is commonly understood as being fatigued;\nthe causes of fatigue;\nthe signs of fatigue;\nany relevant body of fatigue knowledge;\nany other matter prescribed by the national regulations.\nSubsection (1) does not limit the matters the court may consider when deciding whether a driver was impaired by fatigue.\nsch s 224 sub 2025 No. 26 s 46 (uncommenced amendment)\n(sec.224-ssec.1) When deciding whether the driver of a fatigue-regulated heavy vehicle was fatigued, a court may consider the following— what is commonly understood as being fatigued; the causes of fatigue; the signs of fatigue; any relevant body of fatigue knowledge; any other matter prescribed by the national regulations.\n(sec.224-ssec.2) Subsection (1) does not limit the matters the court may consider when deciding whether a driver was impaired by fatigue.\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.","sortOrder":413},{"sectionNumber":"sec.225","sectionType":"section","heading":"What is impaired by fatigue","content":"### sec.225 What is impaired by fatigue\n\nA driver is impaired by fatigue if the driver’s ability to drive a fatigue-regulated heavy vehicle safely is affected by fatigue.\nsch s 225 sub 2025 No. 26 s 46 (uncommenced amendment)","sortOrder":414},{"sectionNumber":"sec.226","sectionType":"section","heading":"Matters court may consider in deciding whether person was impaired by fatigue","content":"### sec.226 Matters court may consider in deciding whether person was impaired by fatigue\n\nWhen deciding whether the driver of a fatigue-regulated heavy vehicle was impaired by fatigue, a court may consider any of the following—\nany relevant cause of fatigue or sign of fatigue that was evident, and the degree to which it may indicate that the driver was impaired by fatigue;\nany behaviour exhibited by the driver that may have resulted from the driver being impaired by fatigue;\nthe circumstances of any incident, crash or near miss\npoor driving judgement\ninattentive driving such as drifting into other lanes on a road or not changing gears smoothly\nthe nature and extent of any physical or mental exertion by the driver;\nwhether the driver was in breach of the driver’s work and rest hours option.\nSubsection (1) does not limit the matters the court may consider when deciding whether a driver was impaired by fatigue.\nA court may consider the driver to be impaired by fatigue even if the driver has complied with—\nthe requirements of this Law, including, for example, the maximum work requirements and minimum rest requirements applying to the driver; or\nany other law.\nsch s 226 amd 2025 No. 26 s 47 (uncommenced amendment)\n(sec.226-ssec.1) When deciding whether the driver of a fatigue-regulated heavy vehicle was impaired by fatigue, a court may consider any of the following— any relevant cause of fatigue or sign of fatigue that was evident, and the degree to which it may indicate that the driver was impaired by fatigue; any behaviour exhibited by the driver that may have resulted from the driver being impaired by fatigue; the circumstances of any incident, crash or near miss poor driving judgement inattentive driving such as drifting into other lanes on a road or not changing gears smoothly the nature and extent of any physical or mental exertion by the driver; whether the driver was in breach of the driver’s work and rest hours option.\n(sec.226-ssec.2) Subsection (1) does not limit the matters the court may consider when deciding whether a driver was impaired by fatigue.\n(sec.226-ssec.3) A court may consider the driver to be impaired by fatigue even if the driver has complied with— the requirements of this Law, including, for example, the maximum work requirements and minimum rest requirements applying to the driver; or any other law.\n- (a) any relevant cause of fatigue or sign of fatigue that was evident, and the degree to which it may indicate that the driver was impaired by fatigue;\n- (b) any behaviour exhibited by the driver that may have resulted from the driver being impaired by fatigue; Examples for the purposes of paragraph (b) — • the circumstances of any incident, crash or near miss • poor driving judgement • inattentive driving such as drifting into other lanes on a road or not changing gears smoothly\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 gears smoothly\n- (c) the nature and extent of any physical or mental exertion by the driver;\n- (d) whether the driver was in breach of the driver’s work and rest hours option.\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 gears smoothly\n- (a) the requirements of this Law, including, for example, the maximum work requirements and minimum rest requirements applying to the driver; or\n- (b) any other law.","sortOrder":415},{"sectionNumber":"sec.227","sectionType":"section","heading":null,"content":"### Section sec.227\n\nsch s 227 om 2016 No. 65 s 37","sortOrder":416},{"sectionNumber":"sch-inc-ch.6-pt.6.2-div.2","sectionType":"division","heading":"Duty to avoid fatigue","content":"## Duty to avoid fatigue","sortOrder":417},{"sectionNumber":"sec.228","sectionType":"section","heading":"Duty of driver to avoid driving while fatigued","content":"### sec.228 Duty of driver to avoid driving while fatigued\n\nA person must not drive a fatigue-regulated heavy vehicle on a road while the person is impaired by fatigue.\nMaximum penalty—$6000.\nIf, in relation to conduct at a particular time in relation to which a driver has been charged with an offence under subsection (1) , the driver has been convicted of a prescribed driver offence under another law in relation to—\nthe same conduct; or\nthe same kind of conduct occurring during the same journey;\nthe court must discharge the proceedings against the driver.\nIf, in relation to conduct at a particular time in relation to which a driver has been charged with an offence under subsection (1) , the driver has been convicted of the offence and is also charged with a prescribed driver offence under another law (the other offence ) in relation to—\nthe same conduct; or\nthe same kind of conduct occurring during the same journey;\nthe court dealing with the other offence must discharge the proceedings against the driver for the other offence.\nIn this section—\nprescribed driver offence under another law means an offence under another law of any jurisdiction prescribed for this definition by the national regulations or a law of that jurisdiction.\nsch s 228 amd 2025 No. 26 s 49 (uncommenced amendment)\n(sec.228-ssec.1) A person must not drive a fatigue-regulated heavy vehicle on a road while the person is impaired by fatigue. Maximum penalty—$6000.\n(sec.228-ssec.2) If, in relation to conduct at a particular time in relation to which a driver has been charged with an offence under subsection (1) , the driver has been convicted of a prescribed driver offence under another law in relation to— the same conduct; or the same kind of conduct occurring during the same journey; the court must discharge the proceedings against the driver.\n(sec.228-ssec.3) If, in relation to conduct at a particular time in relation to which a driver has been charged with an offence under subsection (1) , the driver has been convicted of the offence and is also charged with a prescribed driver offence under another law (the other offence ) in relation to— the same conduct; or the same kind of conduct occurring during the same journey; the court dealing with the other offence must discharge the proceedings against the driver for the other offence.\n(sec.228-ssec.4) In this section— prescribed driver offence under another law means an offence under another law of any jurisdiction prescribed for this definition by the national regulations or a law of that jurisdiction.\n- (a) the same conduct; or\n- (b) the same kind of conduct occurring during the same journey;\n- (a) the same conduct; or\n- (b) the same kind of conduct occurring during the same journey;","sortOrder":418},{"sectionNumber":"sec.229","sectionType":"section","heading":null,"content":"### Section sec.229\n\nsch s 229 om 2016 No. 65 s 39","sortOrder":419},{"sectionNumber":"sch-inc-ch.6-pt.6.2-div.3","sectionType":"division","heading":null,"content":"","sortOrder":420},{"sectionNumber":"sec.230","sectionType":"section","heading":null,"content":"### Section sec.230\n\nsch s 230 om 2016 No. 65 s 40","sortOrder":421},{"sectionNumber":"sec.231","sectionType":"section","heading":null,"content":"### Section sec.231\n\nsch s 231 om 2016 No. 65 s 40","sortOrder":422},{"sectionNumber":"sec.232","sectionType":"section","heading":null,"content":"### Section sec.232\n\nsch s 232 om 2016 No. 65 s 40","sortOrder":423},{"sectionNumber":"sch-inc-ch.6-pt.6.2-div.4","sectionType":"division","heading":null,"content":"","sortOrder":424},{"sectionNumber":"sec.233","sectionType":"section","heading":null,"content":"### Section sec.233\n\nsch s 233 amd 2015 No. 12 s 67 sch\nom 2016 No. 65 s 40","sortOrder":425},{"sectionNumber":"sec.234","sectionType":"section","heading":null,"content":"### Section sec.234\n\nsch s 234 om 2016 No. 65 s 40","sortOrder":426},{"sectionNumber":"sch-inc-ch.6-pt.6.2-div.5","sectionType":"division","heading":null,"content":"","sortOrder":427},{"sectionNumber":"sec.235","sectionType":"section","heading":null,"content":"### Section sec.235\n\nsch s 235 om 2016 No. 65 s 40","sortOrder":428},{"sectionNumber":"sec.236","sectionType":"section","heading":null,"content":"### Section sec.236\n\nsch s 236 om 2016 No. 65 s 40","sortOrder":429},{"sectionNumber":"sec.237","sectionType":"section","heading":null,"content":"### Section sec.237\n\nsch s 237 om 2016 No. 65 s 40","sortOrder":430},{"sectionNumber":"sch-inc-ch.6-pt.6.2-div.6","sectionType":"division","heading":null,"content":"","sortOrder":431},{"sectionNumber":"sec.238","sectionType":"section","heading":null,"content":"### Section sec.238\n\nsch s 238 om 2016 No. 65 s 40","sortOrder":432},{"sectionNumber":"sec.239","sectionType":"section","heading":null,"content":"### Section sec.239\n\nsch s 239 om 2016 No. 65 s 40","sortOrder":433},{"sectionNumber":"sch-inc-ch.6-pt.6.2-div.7","sectionType":"division","heading":null,"content":"","sortOrder":434},{"sectionNumber":"sec.240","sectionType":"section","heading":null,"content":"### Section sec.240\n\nsch s 240 om 2016 No. 65 s 40","sortOrder":435},{"sectionNumber":"sec.241","sectionType":"section","heading":null,"content":"### Section sec.241\n\nsch s 241 om 2016 No. 65 s 40","sortOrder":436},{"sectionNumber":"sch-inc-ch.6-pt.6.2-div.8","sectionType":"division","heading":null,"content":"","sortOrder":437},{"sectionNumber":"sec.242","sectionType":"section","heading":null,"content":"### Section sec.242\n\nsch s 242 om 2016 No. 65 s 40","sortOrder":438},{"sectionNumber":"sch-inc-ch.6-pt.6.3","sectionType":"part","heading":"Requirements relating to work time and rest time","content":"# Requirements relating to work time and rest time","sortOrder":439},{"sectionNumber":"sch-inc-ch.6-pt.6.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":440},{"sectionNumber":"sec.243","sectionType":"section","heading":"What is a driver’s work and rest hours option","content":"### sec.243 What is a driver’s work and rest hours option\n\nThe work and rest hours option of the driver of a fatigue-regulated heavy vehicle is the maximum work requirements and minimum rest requirements applying to the driver under this Law.\nThe work and rest hours option is—\nthe standard work and rest arrangements, which—\napply to drivers of fatigue-regulated heavy vehicles operating other than under a BFM accreditation, AFM accreditation or work and rest hours exemption; and\nare known as ‘standard hours’; or\nthe BFM work and rest arrangements, which—\napply to drivers of fatigue-regulated heavy vehicles operating under a BFM accreditation; and\nare known as ‘BFM hours’; or\nthe AFM work and rest arrangements, which—\napply to drivers of fatigue-regulated heavy vehicles operating under an AFM accreditation; and\nare known as ‘AFM hours’; or\nthe maximum work times and minimum rest times stated in a work and rest hours exemption, which—\napply to drivers of fatigue-regulated heavy vehicles operating under the exemption; and\nare known as ‘exemption hours’.\nsch s 243 amd 2025 No. 26 s 50 (uncommenced amendment)\n(sec.243-ssec.1) The work and rest hours option of the driver of a fatigue-regulated heavy vehicle is the maximum work requirements and minimum rest requirements applying to the driver under this Law.\n(sec.243-ssec.2) The work and rest hours option is— the standard work and rest arrangements, which— apply to drivers of fatigue-regulated heavy vehicles operating other than under a BFM accreditation, AFM accreditation or work and rest hours exemption; and are known as ‘standard hours’; or the BFM work and rest arrangements, which— apply to drivers of fatigue-regulated heavy vehicles operating under a BFM accreditation; and are known as ‘BFM hours’; or the AFM work and rest arrangements, which— apply to drivers of fatigue-regulated heavy vehicles operating under an AFM accreditation; and are known as ‘AFM hours’; or the maximum work times and minimum rest times stated in a work and rest hours exemption, which— apply to drivers of fatigue-regulated heavy vehicles operating under the exemption; and are known as ‘exemption hours’.\n- (a) the standard work and rest arrangements, which— (i) apply to drivers of fatigue-regulated heavy vehicles operating other than under a BFM accreditation, AFM accreditation or work and rest hours exemption; and (ii) are known as ‘standard hours’; or\n- (i) apply to drivers of fatigue-regulated heavy vehicles operating other than under a BFM accreditation, AFM accreditation or work and rest hours exemption; and\n- (ii) are known as ‘standard hours’; or\n- (b) the BFM work and rest arrangements, which— (i) apply to drivers of fatigue-regulated heavy vehicles operating under a BFM accreditation; and (ii) are known as ‘BFM hours’; or\n- (i) apply to drivers of fatigue-regulated heavy vehicles operating under a BFM accreditation; and\n- (ii) are known as ‘BFM hours’; or\n- (c) the AFM work and rest arrangements, which— (i) apply to drivers of fatigue-regulated heavy vehicles operating under an AFM accreditation; and (ii) are known as ‘AFM hours’; or\n- (i) apply to drivers of fatigue-regulated heavy vehicles operating 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 work and rest hours exemption, which— (i) apply to drivers of fatigue-regulated heavy vehicles operating under the exemption; and (ii) are known as ‘exemption hours’.\n- (i) apply to drivers of fatigue-regulated heavy vehicles operating under the exemption; and\n- (ii) are known as ‘exemption hours’.\n- (i) apply to drivers of fatigue-regulated heavy vehicles operating other than under a BFM accreditation, AFM accreditation or work and rest hours exemption; and\n- (ii) are known as ‘standard hours’; or\n- (i) apply to drivers of fatigue-regulated heavy vehicles operating under a BFM accreditation; and\n- (ii) are known as ‘BFM hours’; or\n- (i) apply to drivers of fatigue-regulated heavy vehicles operating under an AFM accreditation; and\n- (ii) are known as ‘AFM hours’; or\n- (i) apply to drivers of fatigue-regulated heavy vehicles operating under the exemption; and\n- (ii) are known as ‘exemption hours’.","sortOrder":441},{"sectionNumber":"sec.244","sectionType":"section","heading":"Counting time spent in participating jurisdictions","content":"### sec.244 Counting time spent in participating jurisdictions\n\nWhen counting work time or rest time spent by the driver of a fatigue-regulated heavy vehicle for this Part, the work time or rest time spent by the driver in any participating jurisdiction must be counted.","sortOrder":442},{"sectionNumber":"sec.245","sectionType":"section","heading":"Counting time spent outside participating jurisdictions","content":"### sec.245 Counting time spent outside participating jurisdictions\n\nThis section applies to the driver of a fatigue-regulated heavy vehicle if the driver drives a fatigue-regulated heavy vehicle into a participating jurisdiction from a non-participating jurisdiction.\nIf, within the last 7 days, the driver has spent any work time in a participating jurisdiction, any time spent by the driver in the non-participating jurisdiction must be treated in the same way as it would have been treated if the time had been spent in a participating jurisdiction.\nIf, within the last 7 days, the driver spent work time only in non-participating jurisdictions—\nany time spent by the driver in the non-participating jurisdiction before the start of the driver’s last major rest break before entering a participating jurisdiction must be disregarded; and\nany time spent by the driver in the non-participating jurisdiction after the start of the last major rest break mentioned in paragraph (a) must be—\ntaken into account; and\ntreated in the same way as it would have been treated if the time had been spent in a participating jurisdiction.\n(sec.245-ssec.1) This section applies to the driver of a fatigue-regulated heavy vehicle if the driver drives a fatigue-regulated heavy vehicle into a participating jurisdiction from a non-participating jurisdiction.\n(sec.245-ssec.2) If, within the last 7 days, the driver has spent any work time in a participating jurisdiction, any time spent by the driver in the non-participating jurisdiction must be treated in the same way as it would have been treated if the time had been spent in a participating jurisdiction.\n(sec.245-ssec.3) If, within the last 7 days, the driver spent work time only in non-participating jurisdictions— any time spent by the driver in the non-participating jurisdiction before the start of the driver’s last major rest break before entering a participating jurisdiction must be disregarded; and any time spent by the driver in the non-participating jurisdiction after the start of the last major rest break mentioned in paragraph (a) must be— taken into account; and treated in the same way as it would have been treated if the time had been spent in a participating jurisdiction.\n- (a) any time spent by the driver in the non-participating jurisdiction before the start of the driver’s last major rest break before entering a participating jurisdiction must be disregarded; and\n- (b) any time spent by the driver in the non-participating jurisdiction after the start of the last major rest break mentioned in paragraph (a) must be— (i) taken into account; and (ii) treated in the same way as it would have been treated if the time had been spent in a participating jurisdiction.\n- (i) taken into account; and\n- (ii) treated in the same way as it would have been treated if the time had been spent in a participating jurisdiction.\n- (i) taken into account; and\n- (ii) treated in the same way as it would have been treated if the time had been spent in a participating jurisdiction.","sortOrder":443},{"sectionNumber":"sec.246","sectionType":"section","heading":"Counting periods of less than 15 minutes—written work diaries","content":"### sec.246 Counting periods of less than 15 minutes—written work diaries\n\nThis section applies if a driver uses a written work diary.\nWork time must be counted in 15 minute periods.\nA period of work time of less than 15 minutes counts as 15 minutes work time.\nA period of working for 14 minutes counts as 15 minutes work time.\nA period of working for 17 minutes counts as 30 minutes work time.\nA period of working for 53 minutes counts as 1 hour work time.\nRest time must be counted in blocks of time of no less than 15 minutes.\nA period of rest time of less than 15 minutes must be disregarded.\nA period of not working for only 14 minutes does not count as rest time, because 14 minutes is less than 15 minutes.\nA period of not working for 17 minutes counts as 15 minutes rest time, because 17 minutes is more than 15 minutes, but is less than 2 lots of 15 minutes (30 minutes).\nsch s 246 amd 2015 No. 12 s 21\nom 2025 No. 26 s 51 (uncommenced amendment)\n(sec.246-ssec.1) This section applies if a driver uses a written work diary.\n(sec.246-ssec.2) Work time must be counted in 15 minute periods.\n(sec.246-ssec.3) A period of work time of less than 15 minutes counts as 15 minutes work time. A period of working for 14 minutes counts as 15 minutes work time. A period of working for 17 minutes counts as 30 minutes work time. A period of working for 53 minutes counts as 1 hour work time.\n(sec.246-ssec.4) Rest time must be counted in blocks of time of no less than 15 minutes.\n(sec.246-ssec.5) A period of rest time of less than 15 minutes must be disregarded. A period of not working for only 14 minutes does not count as rest time, because 14 minutes is less than 15 minutes. A period of not working for 17 minutes counts as 15 minutes rest time, because 17 minutes is more than 15 minutes, but is less than 2 lots of 15 minutes (30 minutes).\n- 1 A period of working for 14 minutes counts as 15 minutes work time.\n- 2 A period of working for 17 minutes counts as 30 minutes work time.\n- 3 A period of working for 53 minutes counts as 1 hour work time.\n- 1 A period of not working for only 14 minutes does not count as rest time, because 14 minutes is less than 15 minutes.\n- 2 A period of not working for 17 minutes counts as 15 minutes rest time, because 17 minutes is more than 15 minutes, but is less than 2 lots of 15 minutes (30 minutes).","sortOrder":444},{"sectionNumber":"sec.246A","sectionType":"section","heading":"Counting periods of less than 15 minutes—electronic work diaries","content":"### sec.246A Counting periods of less than 15 minutes—electronic work diaries\n\nThis section applies if a driver uses an electronic work diary.\nWork time and rest time must be counted in 1 minute periods.\nA period of work time or rest time of less than 1 minute must not be counted.\nA period of rest time of less than 15 minutes does not count towards a minimum rest time.\nA period of not working for 10 minutes does not count towards a minimum rest time because 10 minutes is less than 15 minutes.\nA period of not working on 3 separate occasions for 14 minutes, 24 minutes and 22 minutes does not count as 60 minutes rest time because the period of 14 minutes, being less than 15 minutes, is disregarded.\nThis section relates to calculating whether a driver has complied with maximum work requirements and minimum rest requirements applying to the driver. It does not matter if the technology used by an electronic work diary counts a period less than 1 minute mentioned in subsections (2) and (3) in the course of arriving at calculations that comply with the subsections.\nsch s 246A ins 2015 No. 12 s 22\nom 2025 No. 26 s 51 (uncommenced amendment)\n(sec.246A-ssec.1) This section applies if a driver uses an electronic work diary.\n(sec.246A-ssec.2) Work time and rest time must be counted in 1 minute periods.\n(sec.246A-ssec.3) A period of work time or rest time of less than 1 minute must not be counted.\n(sec.246A-ssec.4) A period of rest time of less than 15 minutes does not count towards a minimum rest time. A period of not working for 10 minutes does not count towards a minimum rest time because 10 minutes is less than 15 minutes. A period of not working on 3 separate occasions for 14 minutes, 24 minutes and 22 minutes does not count as 60 minutes rest time because the period of 14 minutes, being less than 15 minutes, is disregarded. This section relates to calculating whether a driver has complied with maximum work requirements and minimum rest requirements applying to the driver. It does not matter if the technology used by an electronic work diary counts a period less than 1 minute mentioned in subsections (2) and (3) in the course of arriving at calculations that comply with the subsections.\n- 1 A period of not working for 10 minutes does not count towards a minimum rest time because 10 minutes is less than 15 minutes.\n- 2 A period of not working on 3 separate occasions for 14 minutes, 24 minutes and 22 minutes does not count as 60 minutes rest time because the period of 14 minutes, being less than 15 minutes, is disregarded.","sortOrder":445},{"sectionNumber":"sec.247","sectionType":"section","heading":"Time to be counted after rest time ends","content":"### sec.247 Time to be counted after rest time ends\n\nWhen counting time in a period, the time must not be counted from within rest time, but instead must be counted forward from—\nif 1 or more major rest breaks are relevant to the period—the end of a relevant major rest break; or\nin 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 a Friday and inspects the driver’s work diary. The driver operates under standard hours. The officer examines the work diary entries for the previous Monday. The entries show that the driver completed 7 continuous hours of stationary rest time at 6.30a.m. on that day, started work at that time, worked until 11a.m. that day, had 45 minutes of rest time, worked until 5.00p.m. that day, then had stationary rest time until 4.30a.m. on the following day, Tuesday, and then worked until 6.30a.m. on that day.\nIn order to determine the total number of hours worked by the driver in a 24 hour period starting on the Monday, then in accordance with section 247 (a) the officer must commence counting from the end of the relevant major rest break, which in this case is from 6.30a.m. on the Monday until 6.30a.m. on the Tuesday. Adding up the driver’s work periods - 6.30a.m. to 11a.m., 11.45a.m. to 5.00p.m. and 4.30a.m. to 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 her 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 hours and must have at least 15 minutes continuous rest when operating under standard hours. To assess whether the driver has complied with this requirement, then in accordance with section 247 (b) the officer must commence counting only from the end of a period of rest - from either 6.30a.m. or 11.45a.m. on the Monday, or from 4.30a.m. on the Tuesday. If the officer commenced counting at the end of the rest time that finished at 11.45a.m., the officer would see that the driver had worked for 5¼ continuous hours before commencing rest.\nFor the purposes of determining whether on Monday the driver had a minimum of 7 continuous hours stationary rest in a 24 hour period as required under standard hours, the officer must assess the length of the periods of stationary rest time the driver had between the end of the major rest break that finished at 6.30a.m. on the Monday and 6.30a.m. on the Tuesday. The officer sees that between 5.00p.m. on the Monday and 4.30a.m. on the Tuesday the driver had a total of 11½ continuous hours of stationary rest time.\nsch s 247 amd 2025 No. 26 s 52 (uncommenced amendment)\n- (a) if 1 or more major rest breaks are relevant to the period—the end of a relevant major rest break; or\n- (b) in any other case—the end of a relevant period of rest time.","sortOrder":446},{"sectionNumber":"sec.248","sectionType":"section","heading":"Time to be counted by reference to time zone of driver’s base","content":"### sec.248 Time to be counted by reference to time zone of driver’s base\n\nIf the driver of a fatigue-regulated heavy vehicle undertakes a journey and is in a different time zone from the time zone of the driver’s base at the time when a period of time is relevant for the purposes of this Law, the period must be counted by reference to the time zone of the driver’s base.\nIf, for the driver of a fatigue-regulated heavy vehicle with a base in Queensland, it is necessary to work out the hours of night work time while the driver is in Western Australia on a journey, the hours of night work time are the hours between midnight and 6a.m. in the Queensland time zone (being the time zone in which the driver’s base is situated), even though the hours equate to 10p.m. and 4a.m. in Western Australia.","sortOrder":447},{"sectionNumber":"sch-inc-ch.6-pt.6.3-div.2","sectionType":"division","heading":"Standard work and rest arrangements","content":"## Standard work and rest arrangements","sortOrder":448},{"sectionNumber":"sec.249","sectionType":"section","heading":"Standard hours","content":"### sec.249 Standard hours\n\nThe national regulations may prescribe the maximum work times and minimum rest times (the standard hours ) applying to the driver of a fatigue-regulated heavy vehicle for a period if the driver is not operating under a BFM accreditation, AFM accreditation or work and rest hours exemption.\nWithout limiting subsection (1) , the national regulations may prescribe—\ndifferent standard hours for solo drivers, solo drivers of fatigue-regulated buses and drivers who are a party to a two-up driving arrangement; and\nthat a solo driver of a fatigue-regulated bus may operate under either, but not both, the standard hours for solo drivers or the standard hours for solo drivers of fatigue-regulated buses; and\nthat a minor risk breach of a maximum work requirement prescribed in the regulations is not to be treated as a minor risk breach.\nA minor risk breach prescribed for the purposes of subsection (2) (c) is not a contravention of section 250 or 251 .\nsch s 249 amd 2015 No. 12 s 23\namd 2025 No. 26 s 53 (uncommenced amendment)\n(sec.249-ssec.1) The national regulations may prescribe the maximum work times and minimum rest times (the standard hours ) applying to the driver of a fatigue-regulated heavy vehicle for a period if the driver is not operating under a BFM accreditation, AFM accreditation or work and rest hours exemption.\n(sec.249-ssec.2) Without limiting subsection (1) , the national regulations may prescribe— different standard hours for solo drivers, solo drivers of fatigue-regulated buses and drivers who are a party to a two-up driving arrangement; and that a solo driver of a fatigue-regulated bus may operate under either, but not both, the standard hours for solo drivers or the standard hours for solo drivers of fatigue-regulated buses; and that a minor risk breach of a maximum work requirement prescribed in the regulations is not to be treated as a minor risk breach.\n(sec.249-ssec.3) A minor risk breach prescribed for the purposes of subsection (2) (c) is not a contravention of section 250 or 251 .\n- (a) different standard hours for solo drivers, solo drivers of fatigue-regulated buses and drivers who are a party to a two-up driving arrangement; and\n- (b) that a solo driver of a fatigue-regulated bus may operate under either, but not both, the standard hours for solo drivers or the standard hours for solo drivers of fatigue-regulated buses; and\n- (c) that a minor risk breach of a maximum work requirement prescribed in the regulations is not to be treated as a minor risk breach.","sortOrder":449},{"sectionNumber":"sec.250","sectionType":"section","heading":"Operating under standard hours—solo drivers","content":"### sec.250 Operating under standard hours—solo drivers\n\nThe solo driver of a fatigue-regulated heavy vehicle commits an offence if, in any period stated in the standard hours for the driver, the driver—\nworks for more than the maximum work time stated in the standard hours for the period; or\nrests for less than the minimum rest time stated in the standard hours for the period.\nMaximum penalty—\nfor a minor risk breach—$4000; or\nfor a substantial risk breach—$6000; or\nfor a severe risk breach—$10000; or\nfor a critical risk breach—$15000.\nsch s 250 amd 2016 No. 65 s 41\namd 2025 No. 26 s 54 (uncommenced amendment)\n(sec.250-ssec.1) The solo driver of a fatigue-regulated heavy vehicle commits an offence if, in any period stated in the standard hours for the driver, the driver— works for more than the maximum work time stated in the standard hours for the period; or rests for less than the minimum rest time stated in the standard hours for the period. Maximum penalty— for a minor risk breach—$4000; or for a substantial risk breach—$6000; or for a severe risk breach—$10000; or for a critical risk breach—$15000.\n- (a) works for more than the maximum work time stated in the standard hours for the period; or\n- (b) rests for less than the minimum rest time stated in the standard hours for the period.\n- (a) for a minor risk breach—$4000; or\n- (b) for a substantial risk breach—$6000; or\n- (c) for a severe risk breach—$10000; or\n- (d) for a critical risk breach—$15000.","sortOrder":450},{"sectionNumber":"sec.251","sectionType":"section","heading":"Operating under standard hours—two-up drivers","content":"### sec.251 Operating under standard hours—two-up drivers\n\nThe driver of a fatigue-regulated heavy vehicle who is a party to a two-up driving arrangement commits an offence if, in any period stated in the standard hours for the driver, the driver—\nworks for more than the maximum work time stated in the standard hours for the period; or\nrests for less than the minimum rest time stated in the standard hours for the period.\nMaximum penalty—\nfor a minor risk breach—$4000; or\nfor a substantial risk breach—$6000; or\nfor a severe risk breach—$10000; or\nfor a critical risk breach—$15000.\nsch s 251 amd 2016 No. 65 s 42\namd 2025 No. 26 s 55 (uncommenced amendment)\n(sec.251-ssec.1) The driver of a fatigue-regulated heavy vehicle who is a party to a two-up driving arrangement commits an offence if, in any period stated in the standard hours for the driver, the driver— works for more than the maximum work time stated in the standard hours for the period; or rests for less than the minimum rest time stated in the standard hours for the period. Maximum penalty— for a minor risk breach—$4000; or for a substantial risk breach—$6000; or for a severe risk breach—$10000; or for a critical risk breach—$15000.\n- (a) works for more than the maximum work time stated in the standard hours for the period; or\n- (b) rests for less than the minimum rest time stated in the standard hours for the period.\n- (a) for a minor risk breach—$4000; or\n- (b) for a substantial risk breach—$6000; or\n- (c) for a severe risk breach—$10000; or\n- (d) for a critical risk breach—$15000.","sortOrder":451},{"sectionNumber":"sec.252","sectionType":"section","heading":"Defence relating to short rest breaks for drivers operating under standard hours","content":"### sec.252 Defence relating to short rest breaks for drivers operating under standard hours\n\nThis section applies if, at a particular time, the driver of a fatigue-regulated heavy vehicle is required, under section 250 or 251 , to have a short rest break.\nThe driver is required to have 15 continuous minutes rest time because—\nthe driver has worked for 5 1 / 4 hours; or\nthe driver has worked for 7 1 / 2 hours and has only had 15 continuous minutes rest time during that period; or\nthe driver has worked for 10 hours and has only had 3 lots of 15 continuous minutes rest time during that period.\nIn a proceeding for an offence against section 250 or 251 relating to the driver failing to have the short rest break, it is a defence for the driver to prove that—\nat the time the driver was required to have the short rest break, there was no suitable rest place for fatigue-regulated heavy vehicles; and\nthe driver had the short rest break—\nat the next suitable rest place for fatigue-regulated heavy vehicles available after that time on the forward route of the driver’s journey; and\nno later than 45 minutes after the time the driver was required to have the short rest break.\nThe driver of a fatigue-regulated heavy vehicle fails to have a short rest break after 5 1 / 4 hours of work time because there was no suitable rest place for fatigue-regulated heavy vehicles when the driver was scheduled to have the short rest break. Instead, the driver has a short rest break after 5 1 / 2 hours work at a suitable rest place for fatigue-regulated heavy vehicles down the road.\nIn this section—\nshort rest break means rest time of less than 1 hour.\n(sec.252-ssec.1) This section applies if, at a particular time, the driver of a fatigue-regulated heavy vehicle is required, under section 250 or 251 , to have a short rest break. The driver is required to have 15 continuous minutes rest time because— the driver has worked for 5 1 / 4 hours; or the driver has worked for 7 1 / 2 hours and has only had 15 continuous minutes rest time during that period; or the driver has worked for 10 hours and has only had 3 lots of 15 continuous minutes rest time during that period.\n(sec.252-ssec.2) In a proceeding for an offence against section 250 or 251 relating to the driver failing to have the short rest break, it is a defence for the driver to prove that— at the time the driver was required to have the short rest break, there was no suitable rest place for fatigue-regulated heavy vehicles; and the driver had the short rest break— at the next suitable rest place for fatigue-regulated heavy vehicles available after that time on the forward route of the driver’s journey; and no later than 45 minutes after the time the driver was required to have the short rest break. The driver of a fatigue-regulated heavy vehicle fails to have a short rest break after 5 1 / 4 hours of work time because there was no suitable rest place for fatigue-regulated heavy vehicles when the driver was scheduled to have the short rest break. Instead, the driver has a short rest break after 5 1 / 2 hours work at a suitable rest place for fatigue-regulated heavy vehicles down the road.\n(sec.252-ssec.3) In this section— short rest break means rest time of less than 1 hour.\n- (a) the driver has worked for 5 1 / 4 hours; or (b) the driver has worked for 7 1 / 2 hours and has only had 15 continuous minutes rest time during that period; or (c) the driver has worked for 10 hours and has only had 3 lots of 15 continuous minutes rest time during that period.\n- (a) the driver has worked for 5 1 / 4 hours; or\n- (b) the driver has worked for 7 1 / 2 hours and has only had 15 continuous minutes rest time during that period; or\n- (c) the driver has worked for 10 hours and has only had 3 lots of 15 continuous minutes rest time during that period.\n- (a) the driver has worked for 5 1 / 4 hours; or\n- (b) the driver has worked for 7 1 / 2 hours and has only had 15 continuous minutes rest time during that period; or\n- (c) the driver has worked for 10 hours and has only had 3 lots of 15 continuous minutes rest time during that period.\n- (a) at the time the driver was required to have the short rest break, there was no suitable rest place for fatigue-regulated heavy vehicles; and\n- (b) the driver had the short rest break— (i) at the next suitable rest place for fatigue-regulated heavy vehicles available after that time on the forward route of the driver’s journey; and (ii) no later than 45 minutes after the time the driver was required to have the short rest break.\n- (i) at the next suitable rest place for fatigue-regulated heavy vehicles available after that time on the forward route of the driver’s journey; and\n- (ii) no later than 45 minutes after the time the driver was required to have the short rest break.\n- (i) at the next suitable rest place for fatigue-regulated heavy vehicles available after that time on the forward route of the driver’s journey; and\n- (ii) no later than 45 minutes after the time the driver was required to have the short rest break.","sortOrder":452},{"sectionNumber":"sch-inc-ch.6-pt.6.3-div.3","sectionType":"division","heading":"BFM work and rest arrangements","content":"## BFM work and rest arrangements","sortOrder":453},{"sectionNumber":"sec.253","sectionType":"section","heading":"BFM hours","content":"### sec.253 BFM hours\n\nThe national regulations may prescribe the maximum work times and minimum rest times applying to the driver of a fatigue-regulated heavy vehicle for a period if the driver is operating under a BFM accreditation (the BFM hours ).\nWithout limiting subsection (1) , the national regulations may prescribe—\ndifferent BFM hours for solo drivers and drivers who are a party to a two-up driving arrangement; and\nthat a minor risk breach of a maximum work requirement prescribed in the regulations is not to be treated as a minor risk breach.\nA minor risk breach prescribed for the purposes of subsection (2) (b) is not a contravention of section 254 or 256 .\nsch s 253 amd 2015 No. 12 s 24\nsub 2025 No. 26 s 56 (uncommenced amendment)\n(sec.253-ssec.1) The national regulations may prescribe the maximum work times and minimum rest times applying to the driver of a fatigue-regulated heavy vehicle for a period if the driver is operating under a BFM accreditation (the BFM hours ).\n(sec.253-ssec.2) Without limiting subsection (1) , the national regulations may prescribe— different BFM hours for solo drivers and drivers who are a party to a two-up driving arrangement; and that a minor risk breach of a maximum work requirement prescribed in the regulations is not to be treated as a minor risk breach.\n(sec.253-ssec.3) A minor risk breach prescribed for the purposes of subsection (2) (b) is not a contravention of section 254 or 256 .\n- (a) different BFM hours for solo drivers and drivers who are a party to a two-up driving arrangement; and\n- (b) that a minor risk breach of a maximum work requirement prescribed in the regulations is not to be treated as a minor risk breach.","sortOrder":454},{"sectionNumber":"sec.254","sectionType":"section","heading":"Operating under BFM hours—solo drivers","content":"### sec.254 Operating under BFM hours—solo drivers\n\nThe solo driver of a fatigue-regulated heavy vehicle commits an offence if, in any period stated in the BFM hours for the driver, the driver—\nworks for more than the maximum work time stated in the BFM hours for the period; or\nrests for less than the minimum rest time stated in the BFM hours for the period.\nMaximum penalty—\nfor a minor risk breach—$4000; or\nfor a substantial risk breach—$6000; or\nfor a severe risk breach—$10000; or\nfor a critical risk breach—$15000.\nsch s 254 amd 2016 No. 65 s 43\nsub 2025 No. 26 s 56 (uncommenced amendment)\n(sec.254-ssec.1) The solo driver of a fatigue-regulated heavy vehicle commits an offence if, in any period stated in the BFM hours for the driver, the driver— works for more than the maximum work time stated in the BFM hours for the period; or rests for less than the minimum rest time stated in the BFM hours for the period. Maximum penalty— for a minor risk breach—$4000; or for a substantial risk breach—$6000; or for a severe risk breach—$10000; or for a critical risk breach—$15000.\n- (a) works for more than the maximum work time stated in the BFM hours for the period; or\n- (b) rests for less than the minimum rest time stated in the BFM hours for the period.\n- (a) for a minor risk breach—$4000; or\n- (b) for a substantial risk breach—$6000; or\n- (c) for a severe risk breach—$10000; or\n- (d) for a critical risk breach—$15000.","sortOrder":455},{"sectionNumber":"sec.255","sectionType":"section","heading":"Defence for solo drivers operating under BFM hours relating to split rest breaks","content":"### sec.255 Defence for solo drivers operating under BFM hours relating to split rest breaks\n\nThis section applies if, at a particular time, the driver of a fatigue-regulated heavy vehicle is required under section 254 to have 7 continuous hours of stationary rest time in a period of 24 hours.\nIn a proceeding for an offence against section 254 for a solo driver of a fatigue-regulated heavy vehicle relating to the driver failing to have the 7 continuous hours of stationary rest time, it is a defence for the driver to prove that—\nat the time the driver was required to have the 7 continuous hours of stationary rest time, the driver was operating under BFM hours as a solo driver of a fatigue-regulated heavy vehicle; and\nduring the period of 24 hours for which the 7 continuous hours of stationary rest time was required to be had, the driver had 6 continuous hours of stationary rest time and 2 continuous hours of stationary rest time (a split rest break ); and\nthe driver had not had a split rest break in the previous 24-hour period.\nThe driver of a fatigue-regulated heavy vehicle stops work to have 7 continuous hours of stationary rest time, but can not sleep, so the driver has only 2 continuous hours of stationary rest time and then drives on for a further 2 hours and has a further 6 continuous hours of stationary rest time at another place down the road. In the previous 24-hour period the driver had 7 continuous hours of stationary rest time.\nsch s 255 om 2025 No. 26 s 56 (uncommenced amendment)\n(sec.255-ssec.1) This section applies if, at a particular time, the driver of a fatigue-regulated heavy vehicle is required under section 254 to have 7 continuous hours of stationary rest time in a period of 24 hours.\n(sec.255-ssec.2) In a proceeding for an offence against section 254 for a solo driver of a fatigue-regulated heavy vehicle relating to the driver failing to have the 7 continuous hours of stationary rest time, it is a defence for the driver to prove that— at the time the driver was required to have the 7 continuous hours of stationary rest time, the driver was operating under BFM hours as a solo driver of a fatigue-regulated heavy vehicle; and during the period of 24 hours for which the 7 continuous hours of stationary rest time was required to be had, the driver had 6 continuous hours of stationary rest time and 2 continuous hours of stationary rest time (a split rest break ); and the driver had not had a split rest break in the previous 24-hour period. The driver of a fatigue-regulated heavy vehicle stops work to have 7 continuous hours of stationary rest time, but can not sleep, so the driver has only 2 continuous hours of stationary rest time and then drives on for a further 2 hours and has a further 6 continuous hours of stationary rest time at another place down the road. In the previous 24-hour period the driver had 7 continuous hours of stationary rest time.\n- (a) at the time the driver was required to have the 7 continuous hours of stationary rest time, the driver was operating under BFM hours as a solo driver of a fatigue-regulated heavy vehicle; and\n- (b) during the period of 24 hours for which the 7 continuous hours of stationary rest time was required to be had, the driver had 6 continuous hours of stationary rest time and 2 continuous hours of stationary rest time (a split rest break ); and\n- (c) the driver had not had a split rest break in the previous 24-hour period.","sortOrder":456},{"sectionNumber":"sec.256","sectionType":"section","heading":"Operating under BFM hours—two-up drivers","content":"### sec.256 Operating under BFM hours—two-up drivers\n\nThe driver of a fatigue-regulated heavy vehicle who is a party to a two-up driving arrangement commits an offence if, in any period stated in the BFM hours for the driver, the driver—\nworks for more than the maximum work time stated in the BFM hours for the period; or\nrests for less than the minimum rest time stated in the BFM hours for the period.\nMaximum penalty—\nfor a minor risk breach—$4000; or\nfor a substantial risk breach—$6000; or\nfor a severe risk breach—$10000; or\nfor a critical risk breach—$15000.\nsch s 256 amd 2016 No. 65 s 44\nom 2025 No. 26 s 56 (uncommenced amendment)\n(sec.256-ssec.1) The driver of a fatigue-regulated heavy vehicle who is a party to a two-up driving arrangement commits an offence if, in any period stated in the BFM hours for the driver, the driver— works for more than the maximum work time stated in the BFM hours for the period; or rests for less than the minimum rest time stated in the BFM hours for the period. Maximum penalty— for a minor risk breach—$4000; or for a substantial risk breach—$6000; or for a severe risk breach—$10000; or for a critical risk breach—$15000.\n- (a) works for more than the maximum work time stated in the BFM hours for the period; or\n- (b) rests for less than the minimum rest time stated in the BFM hours for the period.\n- (a) for a minor risk breach—$4000; or\n- (b) for a substantial risk breach—$6000; or\n- (c) for a severe risk breach—$10000; or\n- (d) for a critical risk breach—$15000.","sortOrder":457},{"sectionNumber":"sch-inc-ch.6-pt.6.3-div.4","sectionType":"division","heading":"AFM work and rest arrangements","content":"## AFM work and rest arrangements","sortOrder":458},{"sectionNumber":"sec.257","sectionType":"section","heading":"AFM hours","content":"### sec.257 AFM hours\n\nAFM hours are the maximum work times and minimum rest times applying, for a period, to the driver of a fatigue-regulated heavy vehicle operating under an AFM accreditation, and stated in the accreditation certificate for the accreditation.\nsch s 257 om 2025 No. 26 s 56 (uncommenced amendment)","sortOrder":459},{"sectionNumber":"sec.258","sectionType":"section","heading":"Operating under AFM hours","content":"### sec.258 Operating under AFM hours\n\nThe driver of a fatigue-regulated heavy vehicle commits an offence if, in any period stated in the AFM hours for the driver, the driver—\nworks for more than the maximum work time stated in the AFM hours; or\nrests for less than the minimum rest time stated in the AFM hours.\nMaximum penalty—\nfor a minor risk breach—$4000; or\nfor a substantial risk breach—$6000; or\nfor a severe risk breach—$10000; or\nfor a critical risk breach—$15000.\nsch s 258 amd 2016 No. 65 s 45\nom 2025 No. 26 s 56 (uncommenced amendment)\n(sec.258-ssec.1) The driver of a fatigue-regulated heavy vehicle commits an offence if, in any period stated in the AFM hours for the driver, the driver— works for more than the maximum work time stated in the AFM hours; or rests for less than the minimum rest time stated in the AFM hours. Maximum penalty— for a minor risk breach—$4000; or for a substantial risk breach—$6000; or for a severe risk breach—$10000; or for a critical risk breach—$15000.\n- (a) works for more than the maximum work time stated in the AFM hours; or\n- (b) rests for less than the minimum rest time stated in the AFM hours.\n- (a) for a minor risk breach—$4000; or\n- (b) for a substantial risk breach—$6000; or\n- (c) for a severe risk breach—$10000; or\n- (d) for a critical risk breach—$15000.","sortOrder":460},{"sectionNumber":"sch-inc-ch.6-pt.6.3-div.5","sectionType":"division","heading":"Arrangements under work and rest hours exemption","content":"## Arrangements under work and rest hours exemption","sortOrder":461},{"sectionNumber":"sec.259","sectionType":"section","heading":"Exemption hours","content":"### sec.259 Exemption hours\n\nExemption hours are the maximum work times and minimum rest times applying, for a period, to the driver of a fatigue-regulated heavy vehicle operating under a work and rest hours exemption, and stated in the relevant document for the exemption.\nIn this section—\nrelevant document means—\nfor a work and rest hours exemption (notice)—the Commonwealth Gazette notice for the exemption; or\nfor a work and rest hours exemption (permit)—the permit for the exemption.\n(sec.259-ssec.1) Exemption hours are the maximum work times and minimum rest times applying, for a period, to the driver of a fatigue-regulated heavy vehicle operating under a work and rest hours exemption, and stated in the relevant document for the exemption.\n(sec.259-ssec.2) In this section— relevant document means— for a work and rest hours exemption (notice)—the Commonwealth Gazette notice for the exemption; or for a work and rest hours exemption (permit)—the permit for the exemption.\n- (a) for a work and rest hours exemption (notice)—the Commonwealth Gazette notice for the exemption; or\n- (b) for a work and rest hours exemption (permit)—the permit for the exemption.","sortOrder":462},{"sectionNumber":"sec.260","sectionType":"section","heading":"Operating under exemption hours","content":"### sec.260 Operating under exemption hours\n\nThe driver of a fatigue-regulated heavy vehicle operating under a work and rest hours exemption commits an offence if, in any period stated in the exemption hours for the exemption, the driver—\nworks for more than the maximum work time stated in the exemption hours; or\nrests for less than the minimum rest time stated in the exemption hours.\nMaximum penalty—\nfor a minor risk breach—$4000; or\nfor a substantial risk breach—$6000; or\nfor a severe risk breach—$10000; or\nfor a critical risk breach—$15000.\nsch s 260 amd 2016 No. 65 s 46\namd 2025 No. 26 s 57 (uncommenced amendment)\n(sec.260-ssec.1) The driver of a fatigue-regulated heavy vehicle operating under a work and rest hours exemption commits an offence if, in any period stated in the exemption hours for the exemption, the driver— works for more than the maximum work time stated in the exemption hours; or rests for less than the minimum rest time stated in the exemption hours. Maximum penalty— for a minor risk breach—$4000; or for a substantial risk breach—$6000; or for a severe risk breach—$10000; or for a critical risk breach—$15000.\n- (a) works for more than the maximum work time stated in the exemption hours; or\n- (b) rests for less than the minimum rest time stated in the exemption hours.\n- (a) for a minor risk breach—$4000; or\n- (b) for a substantial risk breach—$6000; or\n- (c) for a severe risk breach—$10000; or\n- (d) for a critical risk breach—$15000.","sortOrder":463},{"sectionNumber":"sch-inc-ch.6-pt.6.3-div.6","sectionType":"division","heading":null,"content":"","sortOrder":464},{"sectionNumber":"sec.261","sectionType":"section","heading":null,"content":"### Section sec.261\n\nsch s 261 om 2016 No. 65 s 47","sortOrder":465},{"sectionNumber":"sch-inc-ch.6-pt.6.3-div.7","sectionType":"division","heading":"Changing work and rest hours option","content":"## Changing work and rest hours option","sortOrder":466},{"sectionNumber":"sec.262","sectionType":"section","heading":"Changing work and rest hours option","content":"### sec.262 Changing work and rest hours option\n\nThe driver of a fatigue-regulated heavy vehicle may operate under only 1 work and rest hours option at any 1 time.\nHowever, the driver of a fatigue-regulated heavy vehicle may change from 1 work and rest hours option to a different work and rest hours option.\n(sec.262-ssec.1) The driver of a fatigue-regulated heavy vehicle may operate under only 1 work and rest hours option at any 1 time.\n(sec.262-ssec.2) However, the driver of a fatigue-regulated heavy vehicle may change from 1 work and rest hours option to a different work and rest hours option.","sortOrder":467},{"sectionNumber":"sec.263","sectionType":"section","heading":"Operating under new work and rest hours option after change","content":"### sec.263 Operating under new work and rest hours option after change\n\nThe driver of a fatigue-regulated heavy vehicle must not drive the vehicle after changing from 1 work and rest hours option to a different work and rest hours option unless—\nif the change is from standard hours or BFM hours, either the driver—\nis in compliance with all the maximum work requirements and minimum rest requirements under the work and rest hours option to which the driver has changed; or\nhas had a reset rest break; and\nIf the driver of a fatigue-regulated heavy vehicle is changing from BFM hours to standard hours and the minimum rest requirements applying to drivers operating under standard hours requires the driver to have a longer rest time than is required under BFM hours, the driver may start driving under standard hours only if the driver has had the longer rest time or a reset rest break.\nIf the driver of a fatigue-regulated heavy vehicle is changing from BFM hours to standard hours and the minimum rest requirements applying to drivers operating under standard hours requires the driver to have rest time earlier than is required under BFM hours, the driver may start driving under standard hours only if the driver has had the earlier rest time or a reset rest break.\nif the change is from AFM hours or exemption hours, the driver has had a reset rest break; and\nthe driver complies with all other requirements of the work and rest hours option to which the driver has changed.\nIf the driver is changing to BFM hours or AFM hours, the driver must be inducted into the relevant operator’s BFM or AFM fatigue management system.\nMaximum penalty—$4000.\nIf the driver of a fatigue-regulated heavy vehicle has had a reset rest break between changing from 1 work and rest hours option to a different work and rest hours option, the period to which the new work and rest hours option applies must be counted forward from the end of the reset rest break.\nIn this section—\nreset rest break means a period of rest time of at least 48 continuous hours.\nsch s 263 amd 2016 No. 65 s 48\namd 2025 No. 26 s 58 (uncommenced amendment)\n(sec.263-ssec.1) The driver of a fatigue-regulated heavy vehicle must not drive the vehicle after changing from 1 work and rest hours option to a different work and rest hours option unless— if the change is from standard hours or BFM hours, either the driver— is in compliance with all the maximum work requirements and minimum rest requirements under the work and rest hours option to which the driver has changed; or has had a reset rest break; and If the driver of a fatigue-regulated heavy vehicle is changing from BFM hours to standard hours and the minimum rest requirements applying to drivers operating under standard hours requires the driver to have a longer rest time than is required under BFM hours, the driver may start driving under standard hours only if the driver has had the longer rest time or a reset rest break. If the driver of a fatigue-regulated heavy vehicle is changing from BFM hours to standard hours and the minimum rest requirements applying to drivers operating under standard hours requires the driver to have rest time earlier than is required under BFM hours, the driver may start driving under standard hours only if the driver has had the earlier rest time or a reset rest break. if the change is from AFM hours or exemption hours, the driver has had a reset rest break; and the driver complies with all other requirements of the work and rest hours option to which the driver has changed. If the driver is changing to BFM hours or AFM hours, the driver must be inducted into the relevant operator’s BFM or AFM fatigue management system. Maximum penalty—$4000.\n(sec.263-ssec.2) If the driver of a fatigue-regulated heavy vehicle has had a reset rest break between changing from 1 work and rest hours option to a different work and rest hours option, the period to which the new work and rest hours option applies must be counted forward from the end of the reset rest break.\n(sec.263-ssec.5) In this section— reset rest break means a period of rest time of at least 48 continuous hours.\n- (a) if the change is from standard hours or BFM hours, either the driver— (i) is in compliance with all the maximum work requirements and minimum rest requirements under the work and rest hours option to which the driver has changed; or (ii) has had a reset rest break; and Examples for the purposes of paragraph (a) — 1 If the driver of a fatigue-regulated heavy vehicle is changing from BFM hours to standard hours and the minimum rest requirements applying to drivers operating under standard hours requires the driver to have a longer rest time than is required under BFM hours, the driver may start driving under standard hours only if the driver has had the longer rest time or a reset rest break. 2 If the driver of a fatigue-regulated heavy vehicle is changing from BFM hours to standard hours and the minimum rest requirements applying to drivers operating under standard hours requires the driver to have rest time earlier than is required under BFM hours, the driver may start driving under standard hours only if the driver has had the earlier rest time or a reset rest break.\n- (i) is in compliance with all the maximum work requirements and minimum rest requirements under the work and rest hours option to which the driver has changed; or\n- (ii) has had a reset rest break; and\n- 1 If the driver of a fatigue-regulated heavy vehicle is changing from BFM hours to standard hours and the minimum rest requirements applying to drivers operating under standard hours requires the driver to have a longer rest time than is required under BFM hours, the driver may start driving under standard hours only if the driver has had the longer rest time or a reset rest break.\n- 2 If the driver of a fatigue-regulated heavy vehicle is changing from BFM hours to standard hours and the minimum rest requirements applying to drivers operating under standard hours requires the driver to have rest time earlier than is required under BFM hours, the driver may start driving under standard hours only 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 has had a reset rest break; and\n- (c) the driver complies with all other requirements of the work and rest hours option to which the driver has changed. Example of other requirements for the purposes of paragraph (c) — If the driver is changing to BFM hours or AFM hours, the driver must be inducted into the relevant operator’s BFM or AFM fatigue management system.\n- (i) is in compliance with all the maximum work requirements and minimum rest requirements under the work and rest hours option to which the driver has changed; or\n- (ii) has had a reset rest break; and\n- 1 If the driver of a fatigue-regulated heavy vehicle is changing from BFM hours to standard hours and the minimum rest requirements applying to drivers operating under standard hours requires the driver to have a longer rest time than is required under BFM hours, the driver may start driving under standard hours only if the driver has had the longer rest time or a reset rest break.\n- 2 If the driver of a fatigue-regulated heavy vehicle is changing from BFM hours to standard hours and the minimum rest requirements applying to drivers operating under standard hours requires the driver to have rest time earlier than is required under BFM hours, the driver may start driving under standard hours only if the driver has had the earlier rest time or a reset rest break.","sortOrder":468},{"sectionNumber":"sec.264","sectionType":"section","heading":"Duty of employer, prime contractor, operator and scheduler to ensure driver compliance","content":"### sec.264 Duty of employer, prime contractor, operator and scheduler to ensure driver compliance\n\nThis section applies if the driver of a fatigue-regulated heavy vehicle changes from 1 work and rest hours option to a different work and rest hours option.\nA relevant party for the driver must ensure, so far as is reasonably practicable, the driver—\ndoes not drive a fatigue-regulated heavy vehicle after making the change unless the driver has complied with section 263 ; and\ncan comply with his or her obligations in relation to the change.\nMaximum penalty—$6000.\nIn this section—\nrelevant party , for the driver of a fatigue-regulated heavy vehicle, means—\nan employer of the driver if the driver is an employed driver; or\na prime contractor of the driver if the driver is a self-employed driver; or\nan operator of the vehicle if the driver is making a journey for the operator; or\na scheduler for the vehicle.\nsch s 264 amd 2016 No. 65 s 49\namd 2025 No. 26 s 59 (uncommenced amendment)\n(sec.264-ssec.1) This section applies if the driver of a fatigue-regulated heavy vehicle changes from 1 work and rest hours option to a different work and rest hours option.\n(sec.264-ssec.2) A relevant party for the driver must ensure, so far as is reasonably practicable, the driver— does not drive a fatigue-regulated heavy vehicle after making the change unless the driver has complied with section 263 ; and can comply with his or her obligations in relation to the change. Maximum penalty—$6000.\n(sec.264-ssec.5) In this section— relevant party , for the driver of a fatigue-regulated heavy vehicle, means— an employer of the driver if the driver is an employed driver; or a prime contractor of the driver if the driver is a self-employed driver; or an operator of the vehicle if the driver is making a journey for the operator; or a scheduler for the vehicle.\n- (a) does not drive a fatigue-regulated heavy vehicle after making the 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- (a) an employer of the driver if the driver is an employed driver; or\n- (b) a prime contractor of the driver if the driver is a self-employed driver; or\n- (c) an operator of the vehicle if the driver is making a journey for the operator; or\n- (d) a scheduler for the vehicle.","sortOrder":469},{"sectionNumber":"sch-inc-ch.6-pt.6.3-div.8","sectionType":"division","heading":"Exemptions relating to work times and rest times","content":"## Exemptions relating to work times and rest times","sortOrder":470},{"sectionNumber":"sec.265","sectionType":"section","heading":"Emergency services exemption","content":"### sec.265 Emergency services exemption\n\nA person who is acting for an emergency service and who has time-critical duties on the way to, or during, an emergency is exempted in the course of carrying out the duties from compliance with this Part.\nA person who is acting for an emergency service and who is returning from attending an emergency is exempted from compliance with this Part if the person reasonably believes the noncompliance does not present an unreasonable danger to other road users.\nA person who is acting for an emergency service is exempted from compliance with this Part under subsection (1) or (2) only if, at the relevant time, the person complies with any guidelines regarding the management of fatigue issued by or on behalf of the emergency service or an authority responsible for oversight of the emergency service.\nIn this section—\nemergency means an event, or an anticipated event, that—\nendangers, or may endanger, life, property or the environment; or\nhas disrupted, or may disrupt, communications, energy supply, water supply or sewerage services; or\nis declared to be an emergency or disaster by—\nthe Commonwealth or a State or Territory; or\na Commonwealth or State or Territory authority responsible for managing responses to emergencies or disasters.\nfire, explosion or natural disaster\nemergency service means an entity that has a statutory responsibility to respond to an emergency and includes the following—\nan ambulance service;\na fire brigade, including a volunteer fire brigade;\na police force or police service;\na disaster or emergency organisation of the Commonwealth or a State or Territory.\n(sec.265-ssec.1) A person who is acting for an emergency service and who has time-critical duties on the way to, or during, an emergency is exempted in the course of carrying out the duties from compliance with this Part.\n(sec.265-ssec.2) A person who is acting for an emergency service and who is returning from attending an emergency is exempted from compliance with this Part if the person reasonably believes the noncompliance does not present an unreasonable danger to other road users.\n(sec.265-ssec.3) A person who is acting for an emergency service is exempted from compliance with this Part under subsection (1) or (2) only if, at the relevant time, the person complies with any guidelines regarding the management of fatigue issued by or on behalf of the emergency service or an authority responsible for oversight of the emergency service.\n(sec.265-ssec.4) In this section— emergency means an event, or an anticipated event, that— endangers, or may endanger, life, property or the environment; or has disrupted, or may disrupt, communications, energy supply, water supply or sewerage services; or is declared to be an emergency or disaster by— the Commonwealth or a State or Territory; or a Commonwealth or State or Territory authority responsible for managing responses to emergencies or disasters. fire, explosion or natural disaster emergency service means an entity that has a statutory responsibility to respond to an emergency and includes the following— an ambulance service; a fire brigade, including a volunteer fire brigade; a police force or police service; a disaster or emergency organisation of the Commonwealth or a State or Territory.\n- (a) endangers, or may endanger, life, property or the environment; or\n- (b) has disrupted, or may disrupt, communications, energy supply, water supply or sewerage services; or\n- (c) is declared to be an emergency or disaster by— (i) the Commonwealth or a State or Territory; or (ii) a Commonwealth or State or Territory authority responsible for managing responses to emergencies or disasters.\n- (i) the Commonwealth or a State or Territory; or\n- (ii) a Commonwealth or State or Territory authority responsible for managing responses to emergencies or disasters.\n- (i) the Commonwealth or a State or Territory; or\n- (ii) a Commonwealth or State or Territory authority responsible for managing responses to emergencies or disasters.\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 State or Territory.","sortOrder":471},{"sectionNumber":"sec.266","sectionType":"section","heading":"Regulator’s power to exempt class of drivers from particular maximum work requirements and minimum rest requirements","content":"### sec.266 Regulator’s power to exempt class of drivers from particular maximum work requirements and minimum rest requirements\n\nThe Regulator may, by Commonwealth Gazette notice complying with section 270 , grant an exemption to allow, for a period of not more than 3 years, a class of drivers of fatigue-regulated heavy vehicles to operate under the maximum work times and minimum rest times stated in the exemption.\nAn exemption under subsection (1) is a work and rest hours exemption (notice) .\n(sec.266-ssec.1) The Regulator may, by Commonwealth Gazette notice complying with section 270 , grant an exemption to allow, for a period of not more than 3 years, a class of drivers of fatigue-regulated heavy vehicles to operate under the maximum work times and minimum rest times stated in the exemption.\n(sec.266-ssec.2) An exemption under subsection (1) is a work and rest hours exemption (notice) .","sortOrder":472},{"sectionNumber":"sec.267","sectionType":"section","heading":"Restriction on grant of work and rest hours exemption (notice)","content":"### sec.267 Restriction on grant of work and rest hours exemption (notice)\n\nThe Regulator may grant a work and rest hours exemption (notice) only if the Regulator is satisfied—\nrequiring the class of drivers to whom the exemption is to apply to comply with the standard hours would be an unreasonable restriction on operations conducted by—\nthe class of drivers; or\nrelevant parties for the class of drivers; and\nif the maximum work times and minimum rest times to apply under the exemption could be accommodated within BFM hours or AFM hours—the requirements applying to BFM accreditation or AFM accreditation under this Law would, having regard to the nature of the operations, be unreasonable for the operations conducted by—\nthe class of drivers; or\nrelevant parties for the class of drivers; and\nthe driver fatigue management practices that are to apply to drivers operating under the exemption would, if followed, safely manage fatigue risks; and\nthe class of drivers to whom the exemption is to apply is likely to follow the practices consistently and effectively.\nIn deciding whether or not to grant a work and rest hours exemption (notice), the Regulator must have regard to the approved guidelines for granting work and rest hours exemptions.\nIn this section—\nrelevant parties , for a class of drivers of fatigue-regulated heavy vehicles, means—\nemployers of the class of drivers if they are employed drivers; or\nprime contractors for the class of drivers if they are self-employed drivers; or\noperators of fatigue-regulated heavy vehicles if the drivers of the class are to make journeys for the operators using the vehicles.\nsch s 267 amd 2025 No. 26 s 60 (uncommenced amendment)\n(sec.267-ssec.1) The Regulator may grant a work and rest hours exemption (notice) only if the Regulator is satisfied— requiring the class of drivers to whom the exemption is to apply to comply with the standard hours would be an unreasonable restriction on operations conducted by— the class of drivers; or relevant parties for the class of drivers; and if the maximum work times and minimum rest times to apply under the exemption could be accommodated within BFM hours or AFM hours—the requirements applying to BFM accreditation or AFM accreditation under this Law would, having regard to the nature of the operations, be unreasonable for the operations conducted by— the class of drivers; or relevant parties for the class of drivers; and the driver fatigue management practices that are to apply to drivers operating under the exemption would, if followed, safely manage fatigue risks; and the class of drivers to whom the exemption is to apply is likely to follow the practices consistently and effectively.\n(sec.267-ssec.2) In deciding whether or not to grant a work and rest hours exemption (notice), the Regulator must have regard to the approved guidelines for granting work and rest hours exemptions.\n(sec.267-ssec.3) In this section— relevant parties , for a class of drivers of fatigue-regulated heavy vehicles, means— employers of the class of drivers if they are employed drivers; or prime contractors for the class of drivers if they are self-employed drivers; or operators of fatigue-regulated heavy vehicles if the drivers of the class are to make journeys for the operators using the vehicles.\n- (a) requiring the class of drivers to whom the exemption is to apply to comply with the standard hours would be an unreasonable restriction on operations conducted by— (i) the class of drivers; or (ii) relevant parties for the class of drivers; and\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 under the exemption could be accommodated within BFM hours or AFM hours—the requirements applying to BFM accreditation or AFM accreditation under this Law would, having regard to the nature of the operations, be unreasonable for the operations conducted by— (i) the class of drivers; or (ii) relevant parties for the class of drivers; and\n- (i) the class of drivers; or\n- (ii) relevant parties for the class of drivers; and\n- (c) the driver fatigue management practices that are to apply to drivers operating under the exemption would, if followed, safely manage fatigue risks; and\n- (d) the class of drivers to whom the exemption is to apply is likely to follow the practices consistently and effectively.\n- (i) the class of drivers; or\n- (ii) relevant parties for the class of drivers; and\n- (i) the class of drivers; or\n- (ii) relevant parties for the class of drivers; and\n- (a) employers of the class of drivers if they are employed drivers; or\n- (b) prime contractors for the class of drivers if they are self-employed drivers; or\n- (c) operators of fatigue-regulated heavy vehicles if the drivers of the class are to make journeys for the operators using the vehicles.","sortOrder":473},{"sectionNumber":"sec.268","sectionType":"section","heading":"Conditions of work and rest hours exemption (notice)","content":"### sec.268 Conditions of work and rest hours exemption (notice)\n\nA work and rest hours exemption (notice) may be subject to any conditions the Regulator considers appropriate, including, for example—\nconditions about driver fatigue management practices that are to apply to drivers operating under the exemption; and\nconditions about keeping records relating to the driver fatigue management practices; and\na condition that the driver of a fatigue-regulated heavy vehicle who is operating under the exemption must keep in the driver’s possession a copy of—\nthe Commonwealth Gazette notice for the exemption; or\nan information sheet about the exemption published by the Regulator on the Regulator’s website.\n- (a) conditions about driver fatigue management practices that are to apply to drivers operating under the exemption; and\n- (b) conditions about keeping records relating to the driver fatigue management practices; and\n- (c) a condition that the driver of a fatigue-regulated heavy vehicle who is operating under the exemption must keep in the driver’s possession a copy of— (i) the Commonwealth Gazette notice for the exemption; or (ii) an information sheet about the exemption published by the Regulator on the Regulator’s website.\n- (i) the Commonwealth Gazette notice for the exemption; or\n- (ii) an information sheet about the exemption published by the Regulator on the Regulator’s website.\n- (i) the Commonwealth Gazette notice for the exemption; or\n- (ii) an information sheet about the exemption published by the Regulator on the Regulator’s website.","sortOrder":474},{"sectionNumber":"sec.269","sectionType":"section","heading":"Period for which work and rest hours exemption (notice) applies","content":"### sec.269 Period for which work and rest hours exemption (notice) applies\n\nA work and rest hours exemption (notice)—\ntakes effect—\nwhen the Commonwealth Gazette notice for the exemption is published; or\nif a later time is stated in the Commonwealth Gazette notice, at the later time; and\napplies for the period stated in the Commonwealth Gazette notice.\n- (a) takes effect— (i) when the Commonwealth Gazette notice for the exemption is published; or (ii) if a later time is stated in the Commonwealth Gazette notice, at the later time; and\n- (i) when the Commonwealth Gazette notice for the exemption is published; or\n- (ii) if a later time is stated in the Commonwealth Gazette notice, at the later time; and\n- (b) applies for the period stated in the Commonwealth Gazette notice.\n- (i) when the Commonwealth Gazette notice for the exemption is published; or\n- (ii) if a later time is stated in the Commonwealth Gazette notice, at the later time; and","sortOrder":475},{"sectionNumber":"sec.270","sectionType":"section","heading":"Requirements about Commonwealth Gazette notice","content":"### sec.270 Requirements about Commonwealth Gazette notice\n\nA Commonwealth Gazette notice for a work and rest hours exemption (notice) must state the following—\nthe class of drivers of fatigue-regulated heavy vehicles to which the exemption applies;\nthe maximum work times and minimum rest times that are to apply to drivers operating under the exemption;\nthe other conditions of the exemption;\nthe period for which the exemption applies.\nThe Regulator must publish a copy of the Commonwealth Gazette notice on the Regulator’s website.\n(sec.270-ssec.1) A Commonwealth Gazette notice for a work and rest hours exemption (notice) must state the following— the class of drivers of fatigue-regulated heavy vehicles to which the exemption applies; the maximum work times and minimum rest times that are to apply to drivers operating under the exemption; the other conditions of the exemption; the period for which the exemption applies.\n(sec.270-ssec.2) The Regulator must publish a copy of the Commonwealth Gazette notice on the Regulator’s website.\n- (a) the class of drivers of fatigue-regulated heavy vehicles to which the exemption applies;\n- (b) the maximum work times and minimum rest times that are to apply to drivers operating under the exemption;\n- (c) the other conditions of the exemption;\n- (d) the period for which the exemption applies.","sortOrder":476},{"sectionNumber":"sec.271","sectionType":"section","heading":"Amendment or cancellation of work and rest hours exemption (notice)","content":"### sec.271 Amendment or cancellation of work and rest hours exemption (notice)\n\nEach of the following is a ground for amending or cancelling a work and rest hours exemption (notice)—\nsince the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions;\nthe use of fatigue-regulated heavy vehicles under the exemption has caused, or is likely to cause, a significant risk to public safety.\nIf the Regulator considers a ground exists to amend or cancel a work and rest hours exemption (notice), the Regulator may amend or cancel the exemption by complying with subsections (3) to (5) .\nThe Regulator must publish a public notice—\nstating that the Regulator believes a ground mentioned in subsection (1) (a) or (b) for amending or cancelling the exemption exists; and\noutlining the facts and circumstances forming the basis for the belief; and\nstating the action the Regulator is proposing to take under this section (the proposed action ); and\ninviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.\nIf, after considering all written representations made under subsection (3) (d) , the Regulator still considers a ground exists to take the proposed action, the Regulator may—\nif the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or\nif the proposed action was to cancel the exemption—\namend the exemption, including, for example, by imposing additional conditions on the exemption; or\ncancel the exemption.\nThe Regulator must publish a public notice of the amendment or cancellation.\nThe amendment or cancellation takes effect—\n28 days after the Commonwealth Gazette notice is published under subsection (5) ; or\nif a later time is stated in the Commonwealth Gazette notice, at the later time.\nsch s 271 amd 2016 No. 65 s 128\n(sec.271-ssec.1) Each of the following is a ground for amending or cancelling a work and rest hours exemption (notice)— since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions; the use of fatigue-regulated heavy vehicles under the exemption has caused, or is likely to cause, a significant risk to public safety.\n(sec.271-ssec.2) If the Regulator considers a ground exists to amend or cancel a work and rest hours exemption (notice), the Regulator may amend or cancel the exemption by complying with subsections (3) to (5) .\n(sec.271-ssec.3) The Regulator must publish a public notice— stating that the Regulator believes a ground mentioned in subsection (1) (a) or (b) for amending or cancelling the exemption exists; and outlining the facts and circumstances forming the basis for the belief; and stating the action the Regulator is proposing to take under this section (the proposed action ); and inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.\n(sec.271-ssec.4) If, after considering all written representations made under subsection (3) (d) , the Regulator still considers a ground exists to take the proposed action, the Regulator may— if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or if the proposed action was to cancel the exemption— amend the exemption, including, for example, by imposing additional conditions on the exemption; or cancel the exemption.\n(sec.271-ssec.5) The Regulator must publish a public notice of the amendment or cancellation.\n(sec.271-ssec.6) The amendment or cancellation takes effect— 28 days after the Commonwealth Gazette notice is published under subsection (5) ; or if a later time is stated in the Commonwealth Gazette notice, at the later time.\n- (a) since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions;\n- (b) the use of fatigue-regulated heavy vehicles under the exemption has caused, or is likely to cause, a significant risk to public safety.\n- (a) stating that the Regulator believes a ground mentioned in subsection (1) (a) or (b) for amending or cancelling the exemption exists; and\n- (b) outlining the facts and circumstances forming the basis for the belief; and\n- (c) stating the action the Regulator is proposing to take under this section (the proposed action ); and\n- (d) inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.\n- (a) if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or\n- (b) if the proposed action was to cancel the exemption— (i) amend the exemption, including, for example, by imposing additional conditions on the exemption; or (ii) cancel the exemption.\n- (i) amend the exemption, including, for example, by imposing additional conditions on the exemption; or\n- (ii) cancel the exemption.\n- (i) amend the exemption, including, for example, by imposing additional conditions on the exemption; or\n- (ii) cancel the exemption.\n- (a) 28 days after the Commonwealth Gazette notice is published under subsection (5) ; or\n- (b) if a later time is stated in the Commonwealth Gazette notice, at the later time.","sortOrder":477},{"sectionNumber":"sec.272","sectionType":"section","heading":"Immediate suspension","content":"### sec.272 Immediate suspension\n\nThis section applies if the Regulator considers—\na ground exists to cancel a work and rest hours exemption (notice); and\nit is necessary to suspend the exemption immediately to prevent or minimise serious harm to public safety.\nThe Regulator may, by public notice, immediately suspend the exemption until the earliest of the following—\nthe end of 56 days after the day the public notice is published;\nthe Regulator publishes a notice under section 271 (5) and the amendment or cancellation takes effect under section 271 (6) ;\nthe Regulator cancels the suspension by public notice.\nThe suspension, or (where relevant) the cancellation of the suspension, takes effect immediately after the Commonwealth Gazette notice is published under subsection (3) .\nThis section applies despite section 271 .\nsch s 272 amd 2016 No. 65 s 129\n(sec.272-ssec.1) This section applies if the Regulator considers— a ground exists to cancel a work and rest hours exemption (notice); and it is necessary to suspend the exemption immediately to prevent or minimise serious harm to public safety.\n(sec.272-ssec.2) The Regulator may, by public notice, immediately suspend the exemption until the earliest of the following— the end of 56 days after the day the public notice is published; the Regulator publishes a notice under section 271 (5) and the amendment or cancellation takes effect under section 271 (6) ; the Regulator cancels the suspension by public notice.\n(sec.272-ssec.4) The suspension, or (where relevant) the cancellation of the suspension, takes effect immediately after the Commonwealth Gazette notice is published under subsection (3) .\n(sec.272-ssec.5) This section applies despite section 271 .\n- (a) a ground exists to cancel a work and rest hours exemption (notice); and\n- (b) it is necessary to suspend the exemption immediately to prevent or minimise serious harm to public safety.\n- (a) the end of 56 days after the day the public notice is published;\n- (b) the Regulator publishes a notice under section 271 (5) and the amendment or cancellation takes effect under section 271 (6) ;\n- (c) the Regulator cancels the suspension by public notice.","sortOrder":478},{"sectionNumber":"sec.273","sectionType":"section","heading":"Regulator’s power to exempt drivers from particular maximum work requirements and minimum rest requirements","content":"### sec.273 Regulator’s power to exempt drivers from particular maximum work requirements and minimum rest requirements\n\nThe Regulator may, by giving a person a permit as mentioned in section 278 , grant an exemption to allow, for a period of not more than 3 years, a driver of a fatigue-regulated heavy vehicle, or a class of drivers of fatigue-regulated heavy vehicles, to operate under the maximum work times and minimum rest times stated in the exemption.\nAn exemption under subsection (1) is a work and rest hours exemption (permit) .\nThe Regulator may grant a work and rest hours exemption (permit) to the operator of a fatigue-regulated heavy vehicle in combination with the operator’s BFM accreditation or AFM accreditation.\nThe Regulator may grant a work and rest hours exemption (permit)—\nin a way that does not cover all the drivers sought by the applicant; or\nsetting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant.\nsch s 273 sub 2025 No. 26 s 61 (uncommenced amendment)\n(sec.273-ssec.1) The Regulator may, by giving a person a permit as mentioned in section 278 , grant an exemption to allow, for a period of not more than 3 years, a driver of a fatigue-regulated heavy vehicle, or a class of drivers of fatigue-regulated heavy vehicles, to operate under the maximum work times and minimum rest times stated in the exemption.\n(sec.273-ssec.2) An exemption under subsection (1) is a work and rest hours exemption (permit) .\n(sec.273-ssec.3) The Regulator may grant a work and rest hours exemption (permit) to the operator of a fatigue-regulated heavy vehicle in combination with the operator’s BFM accreditation or AFM accreditation.\n(sec.273-ssec.4) The Regulator may grant a work and rest hours exemption (permit)— in a way that does not cover all the drivers sought by the applicant; or setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant.\n- (a) in a way that does not cover all the drivers sought by the applicant; or\n- (b) setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant.","sortOrder":479},{"sectionNumber":"sec.274","sectionType":"section","heading":"Application for work and rest hours exemption (permit)","content":"### sec.274 Application for work and rest hours exemption (permit)\n\nAny of the following persons may apply to the Regulator for a work and rest hours exemption (permit)—\nan employer of a driver of a fatigue-regulated heavy vehicle;\na prime contractor for a driver of a fatigue-regulated heavy vehicle;\nan operator of a fatigue-regulated heavy vehicle;\na self-employed driver of a fatigue-regulated heavy vehicle.\nThe application must—\nbe in the approved form; and\nstate the following—\nthe period for which the exemption is sought;\nany conditions to which the exemption is sought to be subject;\nthe name of the driver of a fatigue-regulated heavy vehicle to whom the exemption is sought to apply, or details of the class of drivers of fatigue-regulated heavy vehicles to whom the exemption is sought to apply;\nthe proposed maximum work times and minimum rest times that would be followed by drivers operating under the exemption;\nif the proposed maximum work times and minimum rest times to apply under the exemption could be accommodated within BFM hours or AFM hours—\nthe driver fatigue management practices that would be followed by the applicant and drivers operating under the exemption; and\nhow the practices would safely manage fatigue risks; and\nhow the requirements applying to BFM accreditation or AFM accreditation under this Law would be unreasonable for the operations conducted by the applicant, having regard to the nature of the operations; and\nbe accompanied by the prescribed fee for the application.\nThe Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\nsch s 274 om 2025 No. 26 s 61 (uncommenced amendment)\n(sec.274-ssec.1) Any of the following persons may apply to the Regulator for a work and rest hours exemption (permit)— an employer of a driver of a fatigue-regulated heavy vehicle; a prime contractor for a driver of a fatigue-regulated heavy vehicle; an operator of a fatigue-regulated heavy vehicle; a self-employed driver of a fatigue-regulated heavy vehicle.\n(sec.274-ssec.2) The application must— be in the approved form; and state the following— the period for which the exemption is sought; any conditions to which the exemption is sought to be subject; the name of the driver of a fatigue-regulated heavy vehicle to whom the exemption is sought to apply, or details of the class of drivers of fatigue-regulated heavy vehicles to whom the exemption is sought to apply; the proposed maximum work times and minimum rest times that would be followed by drivers operating under the exemption; if the proposed maximum work times and minimum rest times to apply under the exemption could be accommodated within BFM hours or AFM hours— the driver fatigue management practices that would be followed by the applicant and drivers operating under the exemption; and how the practices would safely manage fatigue risks; and how the requirements applying to BFM accreditation or AFM accreditation under this Law would be unreasonable for the operations conducted by the applicant, having regard to the nature of the operations; and be accompanied by the prescribed fee for the application.\n(sec.274-ssec.3) The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\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 vehicle;\n- (c) an operator of a fatigue-regulated heavy vehicle;\n- (d) a self-employed driver of a fatigue-regulated heavy vehicle.\n- (a) be in the approved form; and\n- (b) state the following— (i) the period for which the exemption is sought; (ii) any conditions to which the exemption is sought to be subject; (iii) the name of the driver of a fatigue-regulated heavy vehicle to whom the exemption is sought to apply, or details of the class of drivers of fatigue-regulated heavy vehicles to whom the exemption is sought to apply; (iv) the proposed maximum work times and minimum rest times that would be followed by drivers operating under the exemption; (v) if the proposed maximum work times and minimum rest times to apply under the exemption could be accommodated within BFM hours or AFM hours— (A) the driver fatigue management practices that would be followed by the applicant and drivers operating under the exemption; and (B) how the practices would safely manage fatigue risks; and (C) how the requirements applying to BFM accreditation or AFM accreditation under this Law would be unreasonable for the operations conducted by the applicant, having regard to the nature of the operations; and\n- (i) the period for which the exemption is sought;\n- (ii) any conditions to which the exemption is sought to be subject;\n- (iii) the name of the driver of a fatigue-regulated heavy vehicle to whom the exemption is sought to apply, or details of the class of drivers of fatigue-regulated heavy vehicles to whom the exemption is sought to apply;\n- (iv) the proposed maximum work times and minimum rest times that would be followed by drivers operating under the exemption;\n- (v) if the proposed maximum work times and minimum rest times to apply under the exemption could be accommodated within BFM hours or AFM hours— (A) the driver fatigue management practices that would be followed by the applicant and drivers operating under the exemption; and (B) how the practices would safely manage fatigue risks; and (C) how the requirements applying to BFM accreditation or AFM accreditation under this Law would be unreasonable for the operations conducted by the applicant, having regard to the nature of the operations; and\n- (A) the driver fatigue management practices that would be followed by the applicant and drivers operating under the exemption; and\n- (B) how the practices would safely manage fatigue risks; and\n- (C) how the requirements applying to BFM accreditation or AFM accreditation under this Law would be unreasonable for the operations conducted by the applicant, having regard to the nature of the operations; and\n- (c) be accompanied by the prescribed fee for the application.\n- (i) the period for which the exemption is sought;\n- (ii) any conditions to which the exemption is sought to be subject;\n- (iii) the name of the driver of a fatigue-regulated heavy vehicle to whom the exemption is sought to apply, or details of the class of drivers of fatigue-regulated heavy vehicles to whom the exemption is sought to apply;\n- (iv) the proposed maximum work times and minimum rest times that would be followed by drivers operating under the exemption;\n- (v) if the proposed maximum work times and minimum rest times to apply under the exemption could be accommodated within BFM hours or AFM hours— (A) the driver fatigue management practices that would be followed by the applicant and drivers operating under the exemption; and (B) how the practices would safely manage fatigue risks; and (C) how the requirements applying to BFM accreditation or AFM accreditation under this Law would be unreasonable for the operations conducted by the applicant, having regard to the nature of the operations; and\n- (A) the driver fatigue management practices that would be followed by the applicant and drivers operating under the exemption; and\n- (B) how the practices would safely manage fatigue risks; and\n- (C) how the requirements applying to BFM accreditation or AFM accreditation under this Law would be unreasonable for the operations conducted by the applicant, having regard to the nature of the operations; and\n- (A) the driver fatigue management practices that would be followed by the applicant and drivers operating under the exemption; and\n- (B) how the practices would safely manage fatigue risks; and\n- (C) how the requirements applying to BFM accreditation or AFM accreditation under this Law would be unreasonable for the operations conducted by the applicant, having regard to the nature of the operations; and","sortOrder":480},{"sectionNumber":"sec.275","sectionType":"section","heading":"Restriction on grant of work and rest hours exemption (permit)","content":"### sec.275 Restriction on grant of work and rest hours exemption (permit)\n\nThe Regulator may grant a work and rest hours exemption (permit) only if the Regulator is satisfied—\nrequiring the drivers to whom the exemption is to apply to comply with the standard hours would be an unreasonable restriction on operations conducted by the applicant; and\nif the maximum work times and minimum rest times to apply under the exemption could be accommodated within BFM hours or AFM hours—the requirements applying to BFM accreditation or AFM accreditation under this Law would be unreasonable for the operations conducted by the applicant, having regard to the nature of the operations; and\nthe driver fatigue management practices that are to apply to drivers operating under the exemption would, if followed, safely manage fatigue risks; and\nthe drivers to whom the exemption is to apply are likely to follow the practices consistently and effectively.\nIn deciding whether or not to grant a work and rest hours exemption (permit), the Regulator must have regard to the approved guidelines for granting work and rest hours exemptions.\nsch s 275 om 2025 No. 26 s 61 (uncommenced amendment)\n(sec.275-ssec.1) The Regulator may grant a work and rest hours exemption (permit) only if the Regulator is satisfied— requiring the drivers to whom the exemption is to apply to comply with the standard hours would be an unreasonable restriction on operations conducted by the applicant; and if the maximum work times and minimum rest times to apply under the exemption could be accommodated within BFM hours or AFM hours—the requirements applying to BFM accreditation or AFM accreditation under this Law would be unreasonable for the operations conducted by the applicant, having regard to the nature of the operations; and the driver fatigue management practices that are to apply to drivers operating under the exemption would, if followed, safely manage fatigue risks; and the drivers to whom the exemption is to apply are likely to follow the practices consistently and effectively.\n(sec.275-ssec.2) In deciding whether or not to grant a work and rest hours exemption (permit), the Regulator must have regard to the approved guidelines for granting work and rest hours exemptions.\n- (a) requiring the drivers to whom the exemption is to apply to comply with the standard hours would be an unreasonable restriction on operations conducted by the applicant; and\n- (b) if the maximum work times and minimum rest times to apply under the exemption could be accommodated within BFM hours or AFM hours—the requirements applying to BFM accreditation or AFM accreditation under this Law would be unreasonable for the operations conducted by the applicant, having regard to the nature of the operations; and\n- (c) the driver fatigue management practices that are to apply to drivers operating under the exemption would, if followed, safely manage fatigue risks; and\n- (d) the drivers to whom the exemption is to apply are likely to follow the practices consistently and effectively.","sortOrder":481},{"sectionNumber":"sec.276","sectionType":"section","heading":"Conditions of work and rest hours exemption (permit)","content":"### sec.276 Conditions of work and rest hours exemption (permit)\n\nIf the Regulator grants a work and rest hours exemption (permit) to the operator of a fatigue-regulated heavy vehicle in combination with the operator’s BFM accreditation or AFM accreditation, it is a condition of the exemption that the operator must comply with all the conditions of the operator’s BFM accreditation or AFM accreditation.\nA work and rest hours exemption (permit) may be subject to any other conditions the Regulator considers appropriate, including, for example, conditions about—\ndriver fatigue management practices that are to apply to drivers operating under the exemption; and\nkeeping records relating to the driver fatigue management practices.\nsch s 276 om 2025 No. 26 s 61 (uncommenced amendment)\n(sec.276-ssec.1) If the Regulator grants a work and rest hours exemption (permit) to the operator of a fatigue-regulated heavy vehicle in combination with the operator’s BFM accreditation or AFM accreditation, it is a condition of the exemption that the operator must comply with all the conditions of the operator’s BFM accreditation or AFM accreditation.\n(sec.276-ssec.2) A work and rest hours exemption (permit) may be subject to any other conditions the Regulator considers appropriate, including, for example, conditions about— driver fatigue management practices that are to apply to drivers operating under the exemption; and keeping records relating to the driver fatigue management practices.\n- (a) driver fatigue management practices that are to apply to drivers operating under the exemption; and\n- (b) keeping records relating to the driver fatigue management practices.","sortOrder":482},{"sectionNumber":"sec.277","sectionType":"section","heading":"Period for which work and rest hours exemption (permit) applies","content":"### sec.277 Period for which work and rest hours exemption (permit) applies\n\nA work and rest hours exemption (permit) applies for the period stated in the permit for the exemption.\nThe period may be less than the period sought by the applicant for the work and rest hours exemption (permit).\nsch s 277 om 2025 No. 26 s 61 (uncommenced amendment)\n(sec.277-ssec.1) A work and rest hours exemption (permit) applies for the period stated in the permit for the exemption.\n(sec.277-ssec.2) The period may be less than the period sought by the applicant for the work and rest hours exemption (permit).","sortOrder":483},{"sectionNumber":"sec.278","sectionType":"section","heading":"Permit for work and rest hours exemption (permit) etc.","content":"### sec.278 Permit for work and rest hours exemption (permit) etc.\n\nIf the Regulator grants a work and rest hours exemption (permit) to a person, the Regulator must give the person—\na permit for the exemption; and\nif prescribed circumstances apply to the grant of the exemption—an information notice for the prescribed circumstances.\nA permit for a work and rest hours exemption (permit) must state the following—\nthe name of the person to whom the permit is given;\nthe driver of a fatigue-regulated heavy vehicle, or class of drivers of fatigue-regulated heavy vehicles, to which the exemption applies;\nthe maximum work times and minimum rest times that apply to drivers operating under the exemption;\nthe conditions of the exemption, including, if applicable, the condition mentioned in section 276 (1) ;\nthe period for which the exemption applies.\nIn this section—\nprescribed circumstances , for a work and rest hours exemption (permit), means the Regulator has—\nimposed conditions on the exemption under section 276 (2) ; or\ngranted the exemption in a way that does not cover all the drivers sought by the applicant for the exemption; or\ngranted the exemption setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant for the exemption; or\ngranted the exemption for a period less than the period of not more than 3 years sought by the applicant for the exemption.\nsch s 278 om 2025 No. 26 s 61 (uncommenced amendment)\n(sec.278-ssec.1) If the Regulator grants a work and rest hours exemption (permit) to a person, the Regulator must give the person— a permit for the exemption; and if prescribed circumstances apply to the grant of the exemption—an information notice for the prescribed circumstances.\n(sec.278-ssec.2) A permit for a work and rest hours exemption (permit) must state the following— the name of the person to whom the permit is given; the driver of a fatigue-regulated heavy vehicle, or class of drivers of fatigue-regulated heavy vehicles, to which the exemption applies; the maximum work times and minimum rest times that apply to drivers operating under the exemption; the conditions of the exemption, including, if applicable, the condition mentioned in section 276 (1) ; the period for which the exemption applies.\n(sec.278-ssec.3) In this section— prescribed circumstances , for a work and rest hours exemption (permit), means the Regulator has— imposed conditions on the exemption under section 276 (2) ; or granted the exemption in a way that does not cover all the drivers sought by the applicant for the exemption; or granted the exemption setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant for the exemption; or granted the exemption for a period less than the period of not more than 3 years sought by the applicant for the exemption.\n- (a) a permit for the exemption; and\n- (b) if prescribed circumstances apply to the grant of the exemption—an information notice for the prescribed circumstances.\n- (a) the name of the person to whom the permit is given;\n- (b) the driver of a fatigue-regulated heavy vehicle, or class of drivers of fatigue-regulated heavy vehicles, to which the exemption applies;\n- (c) the maximum work times and minimum rest times that apply to drivers operating under the exemption;\n- (d) the conditions of the exemption, including, if applicable, the condition mentioned in section 276 (1) ;\n- (e) the period for which the exemption applies.\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 sought by the applicant for the exemption; or\n- (c) granted the exemption setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant for the exemption; or\n- (d) granted the exemption for a period less than the period of not more than 3 years sought by the applicant for the exemption.","sortOrder":484},{"sectionNumber":"sec.279","sectionType":"section","heading":"Refusal of application for work and rest hours exemption (permit)","content":"### sec.279 Refusal of application for work and rest hours exemption (permit)\n\nIf the Regulator refuses an application for a work and rest hours exemption (permit), the Regulator must give the applicant an information notice for the decision to refuse the application.\nsch s 279 om 2025 No. 26 s 61 (uncommenced amendment)","sortOrder":485},{"sectionNumber":"sec.280","sectionType":"section","heading":"Amendment or cancellation of work and rest hours exemption (permit) on application by permit holder","content":"### sec.280 Amendment or cancellation of work and rest hours exemption (permit) on application by permit holder\n\nThe holder of a permit for a work and rest hours exemption (permit) may apply to the Regulator for an amendment or cancellation of the exemption.\nThe application must—\nbe in the approved form; and\nbe accompanied by the prescribed fee for the application; and\nif the application is for an amendment—state clearly the amendment sought and the reasons for the amendment; and\nbe accompanied by the permit.\nThe Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\nThe Regulator must decide the application as soon as practicable after receiving it.\nIf the Regulator decides to grant the application—\nthe Regulator must give the applicant notice of the decision; and\nthe amendment or cancellation takes effect—\nwhen notice of the decision is given to the applicant; or\nif a later time is stated in the notice, at the later time; and\nif the Regulator amended the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended.\nIf the Regulator decides not to amend or cancel the exemption as sought by the applicant, the Regulator must—\ngive the applicant an information notice for the decision; and\nreturn the permit for the exemption to the applicant.\nsch s 280 om 2025 No. 26 s 61 (uncommenced amendment)\n(sec.280-ssec.1) The holder of a permit for a work and rest hours exemption (permit) may apply to the Regulator for an amendment or cancellation of the exemption.\n(sec.280-ssec.2) The application must— be in the approved form; and be accompanied by the prescribed fee for the application; and if the application is for an amendment—state clearly the amendment sought and the reasons for the amendment; and be accompanied by the permit.\n(sec.280-ssec.3) The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\n(sec.280-ssec.4) The Regulator must decide the application as soon as practicable after receiving it.\n(sec.280-ssec.5) If the Regulator decides to grant the application— the Regulator must give the applicant notice of the decision; and the amendment or cancellation takes effect— when notice of the decision is given to the applicant; or if a later time is stated in the notice, at the later time; and if the Regulator amended the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended.\n(sec.280-ssec.6) If the Regulator decides not to amend or cancel the exemption as sought by the applicant, the Regulator must— give the applicant an information notice for the decision; and return the permit for the exemption to the applicant.\n- (a) be in the approved form; and\n- (b) be accompanied by the prescribed fee for the application; and\n- (c) if the application is for an amendment—state clearly the amendment sought and the reasons for the amendment; and\n- (d) be accompanied by the permit.\n- (a) the Regulator must give the applicant notice of the decision; and\n- (b) the amendment or cancellation takes effect— (i) when notice of the decision is given to the applicant; or (ii) if a later time is stated in the notice, at the later time; and\n- (i) when notice of the decision is given to the applicant; or\n- (ii) if a later time is stated in the notice, at the later time; and\n- (c) if the Regulator amended the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended.\n- (i) when notice of the decision is given to the applicant; or\n- (ii) if a later time is stated in the notice, at the later time; and\n- (a) give the applicant an information notice for the decision; and\n- (b) return the permit for the exemption to the applicant.","sortOrder":486},{"sectionNumber":"sec.281","sectionType":"section","heading":"Amendment or cancellation of work and rest hours exemption (permit) on Regulator’s initiative","content":"### sec.281 Amendment or cancellation of work and rest hours exemption (permit) on Regulator’s initiative\n\nEach of the following is a ground for amending or cancelling a work and rest hours exemption (permit)—\nthe exemption was granted because of a document or representation that was—\nfalse or misleading; or\nobtained or made in an improper way;\nthe holder of the permit for the exemption has contravened this Law or a corresponding fatigue law;\na driver of a fatigue-regulated heavy vehicle to whom the exemption applies has contravened this Law or a corresponding fatigue law;\nsince the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.\nIf the Regulator considers a ground exists to amend or cancel a work and rest hours exemption (permit) (the proposed action ), the Regulator must give the holder of the permit for the exemption a notice—\nstating the proposed action; and\nstating the ground for the proposed action; and\noutlining the facts and circumstances forming the basis for the ground; and\nif the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and\ninviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.\nIf, after considering all written representations made under subsection (2) (e) , the Regulator still considers a ground exists to take the proposed action, the Regulator may—\nif the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or\nif the proposed action was to cancel the exemption—\namend the exemption, including, for example, by imposing additional conditions on the exemption; or\ncancel the exemption.\nThe Regulator must give the holder an information notice for the decision.\nThe amendment or cancellation takes effect—\nwhen the information notice is given to the holder; or\nif a later time is stated in the information notice, at the later time.\nsch s 281 om 2025 No. 26 s 61 (uncommenced amendment)\n(sec.281-ssec.1) Each of the following is a ground for amending or cancelling a work and rest hours exemption (permit)— the exemption was granted because of a document or representation that was— false or misleading; or obtained or made in an improper way; the holder of the permit for the exemption has contravened this Law or a corresponding fatigue law; a driver of a fatigue-regulated heavy vehicle to whom the exemption applies has contravened this Law or a corresponding fatigue law; since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.\n(sec.281-ssec.2) If the Regulator considers a ground exists to amend or cancel a work and rest hours exemption (permit) (the proposed action ), the Regulator must give the holder of the permit for the exemption a notice— stating the proposed action; and stating the ground for the proposed action; and outlining the facts and circumstances forming the basis for the ground; and if the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.\n(sec.281-ssec.3) If, after considering all written representations made under subsection (2) (e) , the Regulator still considers a ground exists to take the proposed action, the Regulator may— if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or if the proposed action was to cancel the exemption— amend the exemption, including, for example, by imposing additional conditions on the exemption; or cancel the exemption.\n(sec.281-ssec.4) The Regulator must give the holder an information notice for the decision.\n(sec.281-ssec.5) The amendment or cancellation takes effect— when the information notice is given to the holder; or if a later time is stated in the information notice, at the later time.\n- (a) the exemption was granted because of a document or representation that was— (i) false or misleading; or (ii) obtained or made in an improper way;\n- (i) false or misleading; or\n- (ii) obtained or made in an improper way;\n- (b) the holder of the permit for the exemption has contravened this Law or a corresponding fatigue law;\n- (c) a driver of a fatigue-regulated heavy vehicle to whom the exemption applies has contravened this Law or a corresponding fatigue law;\n- (d) since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.\n- (i) false or misleading; or\n- (ii) obtained or made in an improper way;\n- (a) stating the proposed action; and\n- (b) stating the ground for the proposed action; and\n- (c) outlining the facts and circumstances forming the basis for the ground; and\n- (d) if the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and\n- (e) inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.\n- (a) if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or\n- (b) if the proposed action was to cancel the exemption— (i) amend the exemption, including, for example, by imposing additional conditions on the exemption; or (ii) cancel the exemption.\n- (i) amend the exemption, including, for example, by imposing additional conditions on the exemption; or\n- (ii) cancel the exemption.\n- (i) amend the exemption, including, for example, by imposing additional conditions on the exemption; or\n- (ii) cancel the exemption.\n- (a) when the information notice is given to the holder; or\n- (b) if a later time is stated in the information notice, at the later time.","sortOrder":487},{"sectionNumber":"sec.282","sectionType":"section","heading":"Immediate suspension of work and rest hours exemption (permit)","content":"### sec.282 Immediate suspension of work and rest hours exemption (permit)\n\nThis section applies if the Regulator considers—\na ground exists to cancel a work and rest hours exemption (permit); and\nit is necessary to suspend the exemption immediately to prevent or minimise serious harm to public safety.\nThe Regulator may, by notice ( immediate suspension notice ) given to the person to whom the permit for the exemption was given, immediately suspend the exemption until the earliest of the following—\nthe Regulator gives the holder a notice under section 281 (4) and the amendment or cancellation takes effect under section 281 (5) ;\nthe Regulator cancels the suspension;\nthe end of 56 days after the day the immediate suspension notice is given to the holder.\nThis section applies despite sections 280 and 281 .\nsch s 282 om 2025 No. 26 s 61 (uncommenced amendment)\n(sec.282-ssec.1) This section applies if the Regulator considers— a ground exists to cancel a work and rest hours exemption (permit); and it is necessary to suspend the exemption immediately to prevent or minimise serious harm to public safety.\n(sec.282-ssec.2) The Regulator may, by notice ( immediate suspension notice ) given to the person to whom the permit for the exemption was given, immediately suspend the exemption until the earliest of the following— the Regulator gives the holder a notice under section 281 (4) and the amendment or cancellation takes effect under section 281 (5) ; the Regulator cancels the suspension; the end of 56 days after the day the immediate suspension notice is given to the holder.\n(sec.282-ssec.3) This section applies despite sections 280 and 281 .\n- (a) a ground exists to cancel a work and rest hours exemption (permit); and\n- (b) it is necessary to suspend the exemption immediately to prevent or minimise serious harm to public safety.\n- (a) the Regulator gives the holder a notice under section 281 (4) and the amendment or cancellation takes effect under section 281 (5) ;\n- (b) the Regulator cancels the suspension;\n- (c) the end of 56 days after the day the immediate suspension notice is given to the holder.","sortOrder":488},{"sectionNumber":"sec.283","sectionType":"section","heading":"Minor amendment of work and rest hours exemption (permit)","content":"### sec.283 Minor amendment of work and rest hours exemption (permit)\n\nThe Regulator may, by notice given to the holder of a permit for a work and rest hours exemption (permit), amend the exemption in a minor respect—\nfor a formal or clerical reason; or\nin another way that does not adversely affect the holder’s interests.\nsch s 283 om 2025 No. 26 s 61 (uncommenced amendment)\n- (a) for a formal or clerical reason; or\n- (b) in another way that does not adversely affect the holder’s interests.","sortOrder":489},{"sectionNumber":"sec.284","sectionType":"section","heading":"Return of permit","content":"### sec.284 Return of permit\n\nIf a person’s work and rest hours exemption (permit) is amended or cancelled, the Regulator may, by notice given to the person, require the person to return the person’s permit for the exemption to the Regulator.\nThe person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period.\nMaximum penalty—$6000.\nIf the exemption has been amended, the Regulator must give the person a replacement permit for the exemption as amended.\nsch s 284 om 2025 No. 26 s 61 (uncommenced amendment)\n(sec.284-ssec.1) If a person’s work and rest hours exemption (permit) is amended or cancelled, the Regulator may, by notice given to the person, require the person to return the person’s permit for the exemption to the Regulator.\n(sec.284-ssec.2) The person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period. Maximum penalty—$6000.\n(sec.284-ssec.3) If the exemption has been amended, the Regulator must give the person a replacement permit for the exemption as amended.","sortOrder":490},{"sectionNumber":"sec.285","sectionType":"section","heading":"Replacement of defaced etc. permit","content":"### sec.285 Replacement of defaced etc. permit\n\nIf a person’s permit for a work and rest hours exemption (permit) is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement permit.\nMaximum penalty—$4000.\nIf the Regulator is satisfied the permit has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement permit as soon as practicable.\nIf the Regulator decides not to give a replacement permit to the person, the Regulator must give the person an information notice for the decision.\nsch s 285 om 2025 No. 26 s 61 (uncommenced amendment)\n(sec.285-ssec.1) If a person’s permit for a work and rest hours exemption (permit) is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement permit. Maximum penalty—$4000.\n(sec.285-ssec.2) If the Regulator is satisfied the permit has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement permit as soon as practicable.\n(sec.285-ssec.3) If the Regulator decides not to give a replacement permit to the person, the Regulator must give the person an information notice for the decision.","sortOrder":491},{"sectionNumber":"sec.286","sectionType":"section","heading":"Contravening condition of work and rest hours exemption","content":"### sec.286 Contravening condition of work and rest hours exemption\n\nA person must not contravene a condition of a work and rest hours exemption.\nMaximum penalty—$6000.\nIn this section—\ncondition , of a work and rest hours exemption, does not include—\na condition mentioned in section 287 (1) ; or\nanything stating the exemption hours for the exemption.\n(sec.286-ssec.1) A person must not contravene a condition of a work and rest hours exemption. Maximum penalty—$6000.\n(sec.286-ssec.2) In this section— condition , of a work and rest hours exemption, does not include— a condition mentioned in section 287 (1) ; or anything stating the exemption hours for the exemption.\n- (a) a condition mentioned in section 287 (1) ; or\n- (b) anything stating the exemption hours for the exemption.","sortOrder":492},{"sectionNumber":"sec.287","sectionType":"section","heading":"Keeping relevant document while operating under work and rest hours exemption (notice)","content":"### sec.287 Keeping relevant document while operating under work and rest hours exemption (notice)\n\nThis section applies if a work and rest hours exemption (notice) is subject to the condition that the driver of a fatigue-regulated heavy vehicle who is operating under the exemption must keep a relevant document in the driver’s possession.\nA driver of the fatigue-regulated heavy vehicle who is operating under the work and rest hours exemption (notice) must comply with the condition.\nMaximum penalty—$3000.\nEach relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2) , unless the relevant party has a reasonable excuse.\nMaximum penalty—$3000.\nIn this section—\nrelevant document , for a work and rest hours exemption (notice), means a copy of—\nthe Commonwealth Gazette notice for the exemption; or\nan information sheet about the exemption published by the Regulator on the Regulator’s website.\nrelevant party , for the driver of a fatigue-regulated heavy vehicle, means—\nan employer of the driver if the driver is an employed driver; or\na prime contractor of the driver if the driver is a self-employed driver; or\nan operator of the vehicle if the driver is making a journey for the operator.\nsch s 287 amd 2016 No. 65 s 50\namd 2025 No. 26 s 62 (uncommenced amendment)\n(sec.287-ssec.1) This section applies if a work and rest hours exemption (notice) is subject to the condition that the driver of a fatigue-regulated heavy vehicle who is operating under the exemption must keep a relevant document in the driver’s possession.\n(sec.287-ssec.2) A driver of the fatigue-regulated heavy vehicle who is operating under the work and rest hours exemption (notice) must comply with the condition. Maximum penalty—$3000.\n(sec.287-ssec.3) Each relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2) , unless the relevant party has a reasonable excuse. Maximum penalty—$3000.\n(sec.287-ssec.7) In this section— relevant document , for a work and rest hours exemption (notice), means a copy of— the Commonwealth Gazette notice for the exemption; or an information sheet about the exemption published by the Regulator on the Regulator’s website. relevant party , for the driver of a fatigue-regulated heavy vehicle, means— an employer of the driver if the driver is an employed driver; or a prime contractor of the driver if the driver is a self-employed driver; or an operator of the vehicle if the driver is making a journey for the operator.\n- (a) the Commonwealth Gazette notice for the exemption; or\n- (b) an information sheet about the exemption published by the Regulator on the Regulator’s website.\n- (a) an employer of the driver if the driver is an employed driver; or\n- (b) a prime contractor of the driver if the driver is a self-employed driver; or\n- (c) an operator of the vehicle if the driver is making a journey for the operator.","sortOrder":493},{"sectionNumber":"sec.288","sectionType":"section","heading":"Keeping copy of permit while driving under work and rest hours exemption (permit)","content":"### sec.288 Keeping copy of permit while driving under work and rest hours exemption (permit)\n\nThe driver of a fatigue-regulated heavy vehicle who is driving the vehicle under a work and rest hours exemption (permit) must keep a copy of the permit for the exemption in the driver’s possession.\nMaximum penalty—$3000.\nIf the driver of a fatigue-regulated heavy vehicle is operating under a work and rest hours exemption (permit) granted to a relevant party for the driver and the relevant party has given the driver a copy of a permit for the purpose of subsection (1) , the driver must, as soon as reasonably practicable, return the copy to the relevant party if the driver—\nstops working for the relevant party; or\nstops operating under the relevant party’s exemption; or\nno longer meets the requirements relating to drivers under the relevant party’s exemption.\nMaximum penalty—$4000.\nEach relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1) , unless the relevant party has a reasonable excuse.\nMaximum penalty—$3000.\nIn this section—\nrelevant party , for the driver of a fatigue-regulated heavy vehicle, means—\nan employer of the driver if the driver is an employed driver; or\na prime contractor of the driver if the driver is a self-employed driver; or\nan operator of the vehicle if the driver is making a journey for the operator.\nsch s 288 amd 2016 No. 65 s 51\nom 2025 No. 26 s 63 (uncommenced amendment)\n(sec.288-ssec.1) The driver of a fatigue-regulated heavy vehicle who is driving the vehicle under a work and rest hours exemption (permit) must keep a copy of the permit for the exemption in the driver’s possession. Maximum penalty—$3000.\n(sec.288-ssec.2) If the driver of a fatigue-regulated heavy vehicle is operating under a work and rest hours exemption (permit) granted to a relevant party for the driver and the relevant party has given the driver a copy of a permit for the purpose of subsection (1) , the driver must, as soon as reasonably practicable, return the copy to the relevant party if the driver— stops working for the relevant party; or stops operating under the relevant party’s exemption; or no longer meets the requirements relating to drivers under the relevant party’s exemption. Maximum penalty—$4000.\n(sec.288-ssec.3) Each relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1) , unless the relevant party has a reasonable excuse. Maximum penalty—$3000.\n(sec.288-ssec.7) In this section— relevant party , for the driver of a fatigue-regulated heavy vehicle, means— an employer of the driver if the driver is an employed driver; or a prime contractor of the driver if the driver is a self-employed driver; or an operator of the vehicle if the driver is making a journey for the operator.\n- (a) stops working for the relevant party; or\n- (b) stops operating under the relevant party’s exemption; or\n- (c) no longer meets the requirements relating to drivers under the relevant party’s exemption.\n- (a) an employer of the driver if the driver is an employed driver; or\n- (b) a prime contractor of the driver if the driver is a self-employed driver; or\n- (c) an operator of the vehicle if the driver is making a journey for the operator.","sortOrder":494},{"sectionNumber":"sch-inc-ch.6-pt.6.4","sectionType":"part","heading":"Requirements about record keeping","content":"# Requirements about record keeping","sortOrder":495},{"sectionNumber":"sch-inc-ch.6-pt.6.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":496},{"sectionNumber":"sec.289","sectionType":"section","heading":"What is 100km work and 100+km work","content":"### sec.289 What is 100km work and 100+km work\n\nThe driver of a fatigue-regulated heavy vehicle is undertaking 100km work if the driver is driving in an area with a radius of 100km or less from the driver’s base.\nThe driver of a fatigue-regulated heavy vehicle is undertaking 100+km work if the driver is driving in an area with a radius of more than 100km from the driver’s base.\nTo remove any doubt, it is declared that the driver of a fatigue-regulated heavy vehicle to whom subsection (2) applies—\nis taken to be undertaking 100+km work even while the driver is driving in an area within a radius of 100km or less from the driver’s base; and\nif the driver is required to record information in a work diary under this Part, must record particulars of the journey in the driver’s work diary from the beginning of the journey.\n(sec.289-ssec.1) The driver of a fatigue-regulated heavy vehicle is undertaking 100km work if the driver is driving in an area with a radius of 100km or less from the driver’s base.\n(sec.289-ssec.2) The driver of a fatigue-regulated heavy vehicle is undertaking 100+km work if the driver is driving in an area with a radius of more than 100km from the driver’s base.\n(sec.289-ssec.3) To remove any doubt, it is declared that the driver of a fatigue-regulated heavy vehicle to whom subsection (2) applies— is taken to be undertaking 100+km work even while the driver is driving in an area within a radius of 100km or less from the driver’s base; and if the driver is required to record information in a work diary under this Part, must record particulars of the journey in the driver’s work diary from the beginning of the journey.\n- (a) is taken to be undertaking 100+km work even while the driver is driving in an area within a radius of 100km or less from the driver’s base; and\n- (b) if the driver is required to record information in a work diary under this Part, must record particulars of the journey in the driver’s work diary from the beginning of the journey.","sortOrder":497},{"sectionNumber":"sec.290","sectionType":"section","heading":"What is a driver’s record location","content":"### sec.290 What is a driver’s record location\n\nThe record location of the driver of a fatigue-regulated heavy vehicle is—\nif the driver’s record keeper has advised the driver of the place that is the driver’s record location—the place advised; or\notherwise—the driver’s base.\n- (a) if the driver’s record keeper has advised the driver of the place that is the driver’s record location—the place advised; or\n- (b) otherwise—the driver’s base.","sortOrder":498},{"sectionNumber":"sch-inc-ch.6-pt.6.4-div.2","sectionType":"division","heading":"Work diary requirements","content":"## Work diary requirements","sortOrder":499},{"sectionNumber":"sec.291","sectionType":"section","heading":"Application of S div 1","content":"### sec.291 Application of S div 1\n\nThis Subdivision applies if the driver of a fatigue-regulated heavy vehicle—\nis undertaking 100+km work under standard hours; or\nwas undertaking 100+km work under standard hours in the last 28 days; or\nis working under BFM hours, AFM hours or exemption hours; or\nwas working under BFM hours, AFM hours or exemption hours in the last 28 days.\nsch s 291 amd 2025 No. 26 s 64 (uncommenced amendment)\n- (a) is undertaking 100+km work under standard hours; or\n- (b) was undertaking 100+km work under standard hours in the last 28 days; or\n- (c) is working under BFM hours, AFM hours or exemption hours; or\n- (d) was working under BFM hours, AFM hours or exemption hours in the last 28 days.","sortOrder":500},{"sectionNumber":"sec.292","sectionType":"section","heading":"Meaning of work diary for S div 1","content":"### sec.292 Meaning of work diary for S div 1\n\nIn this Subdivision, a reference to a work diary in relation to the driver of a fatigue-regulated heavy vehicle is a reference to the following—\nif the driver has used only 1 or more written work diaries in the last 28 days—\nthe written work diary the driver is currently using; and\nany filled-up written work diary the driver has used during the last 28 days;\nif the driver has used only 1 or more electronic work diaries in the last 28 days—information in each electronic work diary relating to any period during the last 28 days;\nif the driver has used a combination of 1 or more written work diaries and 1 or more electronic work diaries in the last 28 days—\neach of the written work diaries the driver is using or has used during the last 28 days; and\nthe information in each of the electronic work diaries the driver is using or has used during the last 28 days that relates to any period during the last 28 days.\nIf the driver has made a supplementary record in the last 28 days, for this Subdivision, the supplementary record is taken to be part of the driver’s work diary.\nSection 305 (4) provides in effect that a driver can no longer use a supplementary record if the driver is issued with a new work diary, the driver’s existing electronic work diary is made capable of recording new information or is brought back into working order, or 7 business days have expired (whichever first happens).\nsch s 292 amd 2015 No. 12 s 25\n(sec.292-ssec.1) In this Subdivision, a reference to a work diary in relation to the driver of a fatigue-regulated heavy vehicle is a reference to the following— if the driver has used only 1 or more written work diaries in the last 28 days— the written work diary the driver is currently using; and any filled-up written work diary the driver has used during the last 28 days; if the driver has used only 1 or more electronic work diaries in the last 28 days—information in each electronic work diary relating to any period during the last 28 days; if the driver has used a combination of 1 or more written work diaries and 1 or more electronic work diaries in the last 28 days— each of the written work diaries the driver is using or has used during the last 28 days; and the information in each of the electronic work diaries the driver is using or has used during the last 28 days that relates to any period during the last 28 days.\n(sec.292-ssec.2) If the driver has made a supplementary record in the last 28 days, for this Subdivision, the supplementary record is taken to be part of the driver’s work diary. Section 305 (4) provides in effect that a driver can no longer use a supplementary record if the driver is issued with a new work diary, the driver’s existing electronic work diary is made capable of recording new information or is brought back into working order, or 7 business days have expired (whichever first happens).\n- (a) if the driver has used only 1 or more written work diaries in the last 28 days— (i) the written work diary the driver is currently using; and (ii) any filled-up written work diary the driver has used during the last 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 the last 28 days;\n- (b) if the driver has used only 1 or more electronic work diaries in the last 28 days—information in each electronic work diary relating to any period during the last 28 days;\n- (c) if the driver has used a combination of 1 or more written work diaries and 1 or more electronic work diaries in the last 28 days— (i) each of the written work diaries the driver is using or has used during the last 28 days; and (ii) the information in each of the electronic work diaries the driver is using or has used during the last 28 days that relates to any period during the last 28 days.\n- (i) each of the written work diaries the driver is using or has used during the last 28 days; and\n- (ii) the information in each of the electronic work diaries the driver is using or has used during the last 28 days that relates to any period during the last 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 the last 28 days;\n- (i) each of the written work diaries the driver is using or has used during the last 28 days; and\n- (ii) the information in each of the electronic work diaries the driver is using or has used during the last 28 days that relates to any period during the last 28 days.","sortOrder":501},{"sectionNumber":"sec.293","sectionType":"section","heading":"Driver of fatigue-regulated heavy vehicle must carry work diary","content":"### sec.293 Driver of fatigue-regulated heavy vehicle must carry work diary\n\nThe driver of a fatigue-regulated heavy vehicle must—\nkeep a work diary; and\nensure—\nthe driver’s work diary records the information required to be recorded under Subdivision 2 for each day in the previous 28 days; and\nthe driver’s work diary is in the driver’s possession while the driver is driving the vehicle.\nMaximum penalty—$6000.\nFor the requirement to record particular information in a supplementary record if the work diary of the driver of a fatigue-regulated heavy vehicle is filled up, destroyed, lost, stolen or, for an electronic diary, is malfunctioning, see section 305 .\nUnder section 568 , an authorised officer may require the driver of a fatigue-regulated heavy vehicle to produce for inspection the driver’s work diary.\nSubsection (1) applies irrespective of the number of days in the previous 28 days the driver spent working in relation to a fatigue-regulated heavy vehicle.\nIn a proceeding for an offence against subsection (1) relating to the driver failing to keep a work diary containing particular information, it is a defence for the driver to prove that—\nthe information was recorded in a work diary that, at the time of the offence, has been destroyed (other than by the driver) or lost or stolen; or\nthe information was—\nrecorded in an electronic work diary; and\ndestroyed or lost as a result of a malfunction of the electronic work diary before the information was given to the driver’s record keeper or recorded in any other way.\nsch s 293 amd 2025 No. 26 s 65 (uncommenced amendment)\n_____\nsch s 293A ins 2025 No. 26 s 66 (uncommenced amendment)\n(sec.293-ssec.1) The driver of a fatigue-regulated heavy vehicle must— keep a work diary; and ensure— the driver’s work diary records the information required to be recorded under Subdivision 2 for each day in the previous 28 days; and the driver’s work diary is in the driver’s possession while the driver is driving the vehicle. Maximum penalty—$6000. For the requirement to record particular information in a supplementary record if the work diary of the driver of a fatigue-regulated heavy vehicle is filled up, destroyed, lost, stolen or, for an electronic diary, is malfunctioning, see section 305 . Under section 568 , an authorised officer may require the driver of a fatigue-regulated heavy vehicle to produce for inspection the driver’s work diary.\n(sec.293-ssec.2) Subsection (1) applies irrespective of the number of days in the previous 28 days the driver spent working in relation to a fatigue-regulated heavy vehicle.\n(sec.293-ssec.3) In a proceeding for an offence against subsection (1) relating to the driver failing to keep a work diary containing particular information, it is a defence for the driver to prove that— the information was recorded in a work diary that, at the time of the offence, has been destroyed (other than by the driver) or lost or stolen; or the information was— recorded in an electronic work diary; and destroyed or lost as a result of a malfunction of the electronic work diary before the information was given to the driver’s record keeper or recorded in any other way.\n- (a) keep a work diary; and\n- (b) ensure— (i) the driver’s work diary records the information required to be recorded under Subdivision 2 for each day in the previous 28 days; and (ii) the driver’s work diary is in the driver’s possession while the driver is driving the vehicle.\n- (i) the driver’s work diary records the information required to be recorded under Subdivision 2 for each day in the previous 28 days; and\n- (ii) the driver’s work diary is in the driver’s possession while the driver is driving the vehicle.\n- (i) the driver’s work diary records the information required to be recorded under Subdivision 2 for each day in the previous 28 days; and\n- (ii) the driver’s work diary is in the driver’s possession while the driver is driving the vehicle.\n- 1 For the requirement to record particular information in a supplementary record if the work diary of the driver of a fatigue-regulated heavy vehicle is filled up, destroyed, lost, stolen or, for an electronic diary, is malfunctioning, see section 305 .\n- 2 Under section 568 , an authorised officer may require the driver of a fatigue-regulated heavy vehicle to produce for inspection the driver’s work diary.\n- (a) the information was recorded in a work diary that, at the time of the offence, has been destroyed (other than by the driver) or lost or stolen; or\n- (b) the information was— (i) recorded in an electronic work diary; and (ii) destroyed or lost as a result of a malfunction of the electronic work diary before the information was given to the driver’s record keeper or recorded in any other way.\n- (i) recorded in an electronic work diary; and\n- (ii) destroyed or lost as a result of a malfunction of the electronic work diary before the information was given to the driver’s record keeper or recorded in any other way.\n- (i) recorded in an electronic work diary; and\n- (ii) destroyed or lost as a result of a malfunction of the electronic work diary before the information was given to the driver’s record keeper or recorded in any other way.","sortOrder":502},{"sectionNumber":"sec.294","sectionType":"section","heading":"Purpose of and definition for S div 2","content":"### sec.294 Purpose of and definition for S div 2\n\nThis Subdivision provides for the information the driver of a fatigue-regulated heavy vehicle must record in the driver’s work diary for each day on which the driver—\nundertakes 100+km work under standard hours; or\nworks under BFM hours, AFM hours or exemption hours.\nIn this Subdivision—\nrequired information means information required by the national regulations under section 295 to be recorded in the driver’s work diary.\nsch s 294 amd 2025 No. 26 s 67 (uncommenced amendment)\n(sec.294-ssec.1) This Subdivision provides for the information the driver of a fatigue-regulated heavy vehicle must record in the driver’s work diary for each day on which the driver— undertakes 100+km work under standard hours; or works under BFM hours, AFM hours or exemption hours.\n(sec.294-ssec.2) In this Subdivision— required information means information required by the national regulations under section 295 to be recorded in the driver’s work diary.\n- (a) undertakes 100+km work under standard hours; or\n- (b) works under BFM hours, AFM hours or exemption hours.","sortOrder":503},{"sectionNumber":"sec.295","sectionType":"section","heading":"National regulations for information to be included in work diary","content":"### sec.295 National regulations for information to be included in work diary\n\nThe national regulations may provide for—\nthe information that is to be recorded in the driver’s work diary; and\nthe manner in which information is to be recorded in the driver’s work diary; and\nany other matter relating to information that is to be recorded in the driver’s work diary.\nWithout limiting subsection (1) , the national regulations may provide—\nfor information to be recorded on a daily basis (including each period of work time and rest time the driver has on a day) or on some other stated basis; and\nfor information to be recorded immediately before or after a period of work time or rest time; and\nfor information to be recorded when finishing work for a day; and\nfor information to be recorded when there is a change of the driver’s base; and\nfor information to be recorded when there is a change of the driver’s record location; and\nfor information to be recorded regarding the parties to a two-up driving arrangement.\nWithout limiting subsections (1) and (2) , the national regulations may provide that, if the driver stops working on a day and starts a major rest break that will continue until the end of the day, the driver may stop recording information for the day when the driver stops working and starts the major rest break.\nsch s 295 amd 2025 No. 26 s 68 (uncommenced amendment)\n(sec.295-ssec.1) The national regulations may provide for— the information that is to be recorded in the driver’s work diary; and the manner in which information is to be recorded in the driver’s work diary; and any other matter relating to information that is to be recorded in the driver’s work diary.\n(sec.295-ssec.2) Without limiting subsection (1) , the national regulations may provide— for information to be recorded on a daily basis (including each period of work time and rest time the driver has on a day) or on some other stated basis; and for information to be recorded immediately before or after a period of work time or rest time; and for information to be recorded when finishing work for a day; and for information to be recorded when there is a change of the driver’s base; and for information to be recorded when there is a change of the driver’s record location; and for information to be recorded regarding the parties to a two-up driving arrangement.\n(sec.295-ssec.3) Without limiting subsections (1) and (2) , the national regulations may provide that, if the driver stops working on a day and starts a major rest break that will continue until the end of the day, the driver may stop recording information for the day when the driver stops working and starts the major rest break.\n- (a) the information that is to be recorded in the driver’s work diary; and\n- (b) the manner in which information is to be recorded in the driver’s work diary; and\n- (c) any other matter relating to information that is to be recorded in the driver’s work diary.\n- (a) for information to be recorded on a daily basis (including each period of work time and rest time the driver has on a day) or on some other stated basis; and\n- (b) for information to be recorded immediately before or after a period of work time or rest time; and\n- (c) for information to be recorded when finishing work for a day; and\n- (d) for information to be recorded when there is a change of the driver’s base; and\n- (e) for information to be recorded when there is a change of the driver’s record location; and\n- (f) for information to be recorded regarding the parties to a two-up driving arrangement.","sortOrder":504},{"sectionNumber":"sec.296","sectionType":"section","heading":"Recording information under the national regulations—general","content":"### sec.296 Recording information under the national regulations—general\n\nThe driver must record the required information in the driver’s work diary in the manner and at the time prescribed by the national regulations.\nMaximum penalty—$1500.\nSubsection (1) does not apply to information to which section 297 applies.\n(sec.296-ssec.1) The driver must record the required information in the driver’s work diary in the manner and at the time prescribed by the national regulations. Maximum penalty—$1500.\n(sec.296-ssec.2) Subsection (1) does not apply to information to which section 297 applies.","sortOrder":505},{"sectionNumber":"sec.297","sectionType":"section","heading":"Information required to be recorded immediately after starting work","content":"### sec.297 Information required to be recorded immediately after starting work\n\nThis section applies to required information that the national regulations specify for the purposes of this section as required to be recorded immediately after the driver starts work on a day.\nThe driver must record the required information to which this section applies immediately after starting work on a day.\nMaximum penalty—$6000.\nIn a proceeding for an offence against subsection (2) in relation to the failure of the driver to record information immediately after starting to undertake 100+km work under standard hours on a day, it is a defence for the driver to prove that at the time of the offence—\nthe driver was unaware that the driver would be undertaking 100+km work under standard hours on the day; and\nthe driver recorded the information in the driver’s work diary as soon as practicable after becoming aware that the driver would be undertaking 100+km work under standard hours on the day.\nsch s 297 amd 2015 No. 12 s 67 sch\namd 2025 No. 26 s 69 (uncommenced amendment)\n(sec.297-ssec.1) This section applies to required information that the national regulations specify for the purposes of this section as required to be recorded immediately after the driver starts work on a day.\n(sec.297-ssec.2) The driver must record the required information to which this section applies immediately after starting work on a day. Maximum penalty—$6000.\n(sec.297-ssec.3) In a proceeding for an offence against subsection (2) in relation to the failure of the driver to record information immediately after starting to undertake 100+km work under standard hours on a day, it is a defence for the driver to prove that at the time of the offence— the driver was unaware that the driver would be undertaking 100+km work under standard hours on the day; and the driver recorded the information in the driver’s work diary as soon as practicable after becoming aware that the driver would be undertaking 100+km work under standard hours on the day.\n- (a) the driver was unaware that the driver would be undertaking 100+km work under standard hours on the day; and\n- (b) the driver recorded the information in the driver’s work diary as soon as practicable after becoming aware that the driver would be undertaking 100+km work under standard hours on the day.","sortOrder":506},{"sectionNumber":"sec.298","sectionType":"section","heading":"Failing to record information about odometer reading","content":"### sec.298 Failing to record information about odometer reading\n\nThe driver of a fatigue-regulated heavy vehicle must record the odometer reading in the manner prescribed by the national regulations if and when required to do so by the national regulations.\nMaximum penalty—$1500.\nIn a proceeding for the offence against subsection (1) , it is a defence for the driver to prove that—\nat the time of the offence, the odometer was malfunctioning; and\nthe driver has complied with section 397 .\n(sec.298-ssec.1) The driver of a fatigue-regulated heavy vehicle must record the odometer reading in the manner prescribed by the national regulations if and when required to do so by the national regulations. Maximum penalty—$1500.\n(sec.298-ssec.2) In a proceeding for the offence against subsection (1) , it is a defence for the driver to prove that— at the time of the offence, the odometer was malfunctioning; and the driver has complied with section 397 .\n- (a) at the time of the offence, the odometer was malfunctioning; and\n- (b) the driver has complied with section 397 .","sortOrder":507},{"sectionNumber":"sec.299","sectionType":"section","heading":"Two-up driver to provide details","content":"### sec.299 Two-up driver to provide details\n\nIf the driver is a party to a two-up driving arrangement, the driver must, at the request of the other driver (the other driver ) who is a party to the arrangement, provide the other driver with the details relating to the arrangement that are prescribed by the national regulations for the purposes of this section.\nMaximum penalty—$3000.","sortOrder":508},{"sectionNumber":"sec.300","sectionType":"section","heading":"Purpose of S div 3","content":"### sec.300 Purpose of S div 3\n\nThis Subdivision states how the driver of a fatigue-regulated heavy vehicle who is required to record information in the driver’s work diary under Subdivision 2 must record the information.\nsch s 300 om 2025 No. 26 s 70 (uncommenced amendment)","sortOrder":509},{"sectionNumber":"sec.301","sectionType":"section","heading":"Recording information in written work diary","content":"### sec.301 Recording information in written work diary\n\nIf the driver’s work diary is a written work diary, the driver must record information in the work diary in the following way—\nthe information for each day must be written on a separate daily sheet in the work diary that has not been cancelled by the Regulator;\nif, on a day, the driver changes the work and rest hours option under which the driver is working, the information for the part of the day after the change must be written on a separate daily sheet in the work diary that has not been cancelled by the Regulator;\ninformation must be written on a daily sheet in the way stated in the instructions in the work diary for recording information on daily sheets;\nthe daily sheets in the work diary must be used in turn from the front of the work diary;\neach daily sheet must be—\nsigned and dated by the driver; and\nif the driver is driving under a two-up driving arrangement—signed by the other driver who is a party to the arrangement;\ninformation must be written on a daily sheet with enough pressure to ensure a readable record of the information appears on the duplicate daily sheets;\ninformation recorded other than on a daily sheet must be written in the work diary in the way stated in the instructions in the work diary for the recording of the information.\nMaximum penalty—$1500.\nsch s 301 om 2025 No. 26 s 70 (uncommenced amendment)\n- (a) the information for each day must be written on a separate daily sheet in the work diary that has not been cancelled by the Regulator;\n- (b) if, on a day, the driver changes the work and rest hours option under which the driver is working, the information for the part of the day after the change must be written on a separate daily sheet in the work diary that has not been cancelled by the Regulator;\n- (c) information must be written on a daily sheet in the way stated in the instructions in the work diary for recording information on daily sheets;\n- (d) the daily sheets in the work diary must be used in turn from the front of the work diary;\n- (e) each daily sheet must be— (i) signed and dated by the driver; and (ii) if the driver is driving under a two-up driving arrangement—signed by the other driver who is a party to the arrangement;\n- (i) signed and dated by the driver; and\n- (ii) if the driver is driving under a two-up driving arrangement—signed by the other driver who is a party to the arrangement;\n- (f) information must be written on a daily sheet with enough pressure to ensure a readable record of the information appears on the duplicate daily sheets;\n- (g) information recorded other than on a daily sheet must be written in the work diary in the way stated in the instructions in the work diary for the recording of the information.\n- (i) signed and dated by the driver; and\n- (ii) if the driver is driving under a two-up driving arrangement—signed by the other driver who is a party to the arrangement;","sortOrder":510},{"sectionNumber":"sec.302","sectionType":"section","heading":"Recording information in electronic work diary","content":"### sec.302 Recording information in electronic work diary\n\nIf the driver’s work diary is an electronic work diary, the driver must record information in the work diary in a way complying with—\nif the Regulator has, when approving the electronic recording system constituting the work diary, or of which the work diary is a part, imposed any conditions in relation to the way information must be recorded in the work diary—those conditions; and\nthe manufacturer’s instructions, if any, for recording information in the electronic work diary, to the extent the instructions are consistent with the conditions mentioned in paragraph (a) .\nMaximum penalty—$1500.\nThe Regulator may impose conditions on the use of an electronic recording system under section 343 .\nsch s 302 amd 2015 No. 12 s 26\nom 2025 No. 26 s 70 (uncommenced amendment)\n- (a) if the Regulator has, when approving the electronic recording system constituting the work diary, or of which the work diary is a part, imposed any conditions in relation to the way information must be recorded in the work diary—those conditions; and\n- (b) the manufacturer’s instructions, if any, for recording information in the electronic work diary, to the extent the instructions are consistent with the conditions mentioned in paragraph (a) .","sortOrder":511},{"sectionNumber":"sec.303","sectionType":"section","heading":"Time zone of driver’s base must be used","content":"### sec.303 Time zone of driver’s base must be used\n\nThe driver must record time in the driver’s work diary according to the time zone in the place where the driver’s base is, rather than the time zone in the place where the driver is.\nMaximum penalty—$1500.\nSee also section 248 , which requires that time periods be counted by reference to the time zone of a driver’s base when the driver’s journey involves travelling into a different time zone.\nsch s 303 om 2025 No. 26 s 70 (uncommenced amendment)","sortOrder":512},{"sectionNumber":"sec.304","sectionType":"section","heading":"Application of S div 4","content":"### sec.304 Application of S div 4\n\nThis Subdivision applies to the driver of a fatigue-regulated heavy vehicle who is required to record information in the driver’s work diary under Subdivision 2 if—\nfor a driver who uses a written work diary—the driver’s work diary has been filled up, destroyed, lost or stolen; or\nfor a driver who uses an electronic work diary—the driver’s work diary—\nhas been filled up, destroyed, lost or stolen; or\nis not in working order because a part of the diary has been destroyed, lost or stolen; or\nis malfunctioning or has malfunctioned.\n- (a) for a driver who uses a written work diary—the driver’s work diary has been filled up, destroyed, lost or stolen; or\n- (b) for a driver who uses an electronic work diary—the driver’s work diary— (i) has been filled up, destroyed, lost or stolen; or (ii) is not in working order because a part of the diary has been destroyed, lost or stolen; or (iii) is malfunctioning or has malfunctioned.\n- (i) has been filled up, destroyed, lost or stolen; or\n- (ii) is not in working order because a part of the diary has been destroyed, lost or stolen; or\n- (iii) is malfunctioning or has malfunctioned.\n- (i) has been filled up, destroyed, lost or stolen; or\n- (ii) is not in working order because a part of the diary has been destroyed, lost or stolen; or\n- (iii) is malfunctioning or has malfunctioned.","sortOrder":513},{"sectionNumber":"sec.305","sectionType":"section","heading":"Driver must make supplementary records in particular circumstances","content":"### sec.305 Driver must make supplementary records in particular circumstances\n\nDuring any period in which the driver of a fatigue-regulated heavy vehicle is unable to use the driver’s work diary (the existing work diary ) because of circumstances mentioned in section 304 (a) or (b) , the driver must record in a supplementary record the information the driver is required under Subdivision 2 to record for the period (the required information ).\nMaximum penalty—$6000.\nUnder Subdivision 1 , the driver of a fatigue-regulated heavy vehicle must keep a supplementary record for 28 days after it is made as part of the driver’s work diary. See sections 292 (2) and 293 .\nAlso, under section 341 , the driver’s record keeper must keep the supplementary record for at least 3 years after it is made (if the record keeper is the driver) or received by the record keeper (if the record keeper is not the driver). However, the period can be less than 3 years if a condition of an exemption states a record must be kept for a period of less than 3 years.\nFor a supplementary record that is not in electronic form, the required information must be recorded in the record as follows—\nthe information for each day must be written on a separate page of the record;\nif, on a day, the driver changes the work and rest hours option under which the driver is working, the information for the part of the day after the change must be written on a separate page of the record;\neach page of the record must be—\nsigned and dated by the driver; and\nif the driver is driving under a two-up driving arrangement—signed by the other driver who is a party to the arrangement.\nMaximum penalty—$3000.\nThe driver must record time in the supplementary record according to the time zone in the place where the driver’s base is, rather than the time zone in the place where the driver is.\nMaximum penalty—$1500.\nSubsections (1) to (3) cease to apply—\nif the existing work diary is a written work diary, when the first of the following happens—\nthe driver is issued a new written work diary, or obtains an electronic work diary that is in working order;\nthe expiry of 7 business days after the day on which the driver starts recording information under this section; or\nif the existing work diary is an electronic work diary, when the first of the following happens—\nthe driver obtains a new electronic work diary that is in working order, or a written work diary;\nthe existing work diary is—\nif the diary is filled up—made capable of recording new information; or\nif the diary is not in working order as mentioned in section 304 (b) (ii) or is malfunctioning—brought into working order;\nthe expiry of 7 business days after the day on which the driver starts recording information under this section.\nIf one of the circumstances in subsection (4) applies, a driver may no longer use a supplementary record to record the information required to be recorded under Subdivision 2 , and if the driver does not begin to keep a work diary in accordance with section 293 then the driver commits an offence against that section.\nIn this section—\nsupplementary record means a record that—\nis not made in a written or electronic work diary; but\nis in a similar form to a written or electronic work diary.\nsch s 305 amd 2015 No. 12 s 27\n(sec.305-ssec.1) During any period in which the driver of a fatigue-regulated heavy vehicle is unable to use the driver’s work diary (the existing work diary ) because of circumstances mentioned in section 304 (a) or (b) , the driver must record in a supplementary record the information the driver is required under Subdivision 2 to record for the period (the required information ). Maximum penalty—$6000. Under Subdivision 1 , the driver of a fatigue-regulated heavy vehicle must keep a supplementary record for 28 days after it is made as part of the driver’s work diary. See sections 292 (2) and 293 . Also, under section 341 , the driver’s record keeper must keep the supplementary record for at least 3 years after it is made (if the record keeper is the driver) or received by the record keeper (if the record keeper is not the driver). However, the period can be less than 3 years if a condition of an exemption states a record must be kept for a period of less than 3 years.\n(sec.305-ssec.2) For a supplementary record that is not in electronic form, the required information must be recorded in the record as follows— the information for each day must be written on a separate page of the record; if, on a day, the driver changes the work and rest hours option under which the driver is working, the information for the part of the day after the change must be written on a separate page of the record; each page of the record must be— signed and dated by the driver; and if the driver is driving under a two-up driving arrangement—signed by the other driver who is a party to the arrangement. Maximum penalty—$3000.\n(sec.305-ssec.3) The driver must record time in the supplementary record according to the time zone in the place where the driver’s base is, rather than the time zone in the place where the driver is. Maximum penalty—$1500.\n(sec.305-ssec.4) Subsections (1) to (3) cease to apply— if the existing work diary is a written work diary, when the first of the following happens— the driver is issued a new written work diary, or obtains an electronic work diary that is in working order; the expiry of 7 business days after the day on which the driver starts recording information under this section; or if the existing work diary is an electronic work diary, when the first of the following happens— the driver obtains a new electronic work diary that is in working order, or a written work diary; the existing work diary is— if the diary is filled up—made capable of recording new information; or if the diary is not in working order as mentioned in section 304 (b) (ii) or is malfunctioning—brought into working order; the expiry of 7 business days after the day on which the driver starts recording information under this section. If one of the circumstances in subsection (4) applies, a driver may no longer use a supplementary record to record the information required to be recorded under Subdivision 2 , and if the driver does not begin to keep a work diary in accordance with section 293 then the driver commits an offence against that section.\n(sec.305-ssec.5) In this section— supplementary record means a record that— is not made in a written or electronic work diary; but is in a similar form to a written or electronic work diary.\n- (a) the information for each day must be written on a separate page of the record;\n- (b) if, on a day, the driver changes the work and rest hours option under which the driver is working, the information for the part of the day after the change must be written on a separate page of the record;\n- (c) each page of the record must be— (i) signed and dated by the driver; and (ii) if the driver is driving under a two-up driving arrangement—signed by the other driver who is a party to the arrangement.\n- (i) signed and dated by the driver; and\n- (ii) if the driver is driving under a two-up driving arrangement—signed by the other driver who is a party to the arrangement.\n- (i) signed and dated by the driver; and\n- (ii) if the driver is driving under a two-up driving arrangement—signed by the other driver who is a party to the arrangement.\n- (a) if the existing work diary is a written work diary, when the first of the following happens— (i) the driver is issued a new written work diary, or obtains an electronic work diary that is in working order; (ii) the expiry of 7 business days after the day on which the driver starts recording information under this section; or\n- (i) the driver is issued a new written work diary, or obtains an electronic work diary that is in working order;\n- (ii) the expiry of 7 business days after the day on which the driver starts recording information under this section; or\n- (b) if the existing work diary is an electronic work diary, when the first of the following happens— (i) the driver obtains a new electronic work diary that is in working order, or a written work diary; (ii) the existing work diary is— (A) if the diary is filled up—made capable of recording new information; or (B) if the diary is not in working order as mentioned in section 304 (b) (ii) or is malfunctioning—brought into working order; (iii) the expiry of 7 business days after the day on which the driver starts recording information under this section.\n- (i) the driver obtains a new electronic work diary that is in working order, or a written work diary;\n- (ii) the existing work diary is— (A) if the diary is filled up—made capable of recording new information; or (B) if the diary is not in working order as mentioned in section 304 (b) (ii) or is malfunctioning—brought into working order;\n- (A) if the diary is filled up—made capable of recording new information; or\n- (B) if the diary is not in working order as mentioned in section 304 (b) (ii) or is malfunctioning—brought into working order;\n- (iii) the expiry of 7 business days after the day on which the driver starts recording information under this section.\n- (i) the driver is issued a new written work diary, or obtains an electronic work diary that is in working order;\n- (ii) the expiry of 7 business days after the day on which the driver starts recording information under this section; or\n- (i) the driver obtains a new electronic work diary that is in working order, or a written work diary;\n- (ii) the existing work diary is— (A) if the diary is filled up—made capable of recording new information; or (B) if the diary is not in working order as mentioned in section 304 (b) (ii) or is malfunctioning—brought into working order;\n- (A) if the diary is filled up—made capable of recording new information; or\n- (B) if the diary is not in working order as mentioned in section 304 (b) (ii) or is malfunctioning—brought into working order;\n- (iii) the expiry of 7 business days after the day on which the driver starts recording information under this section.\n- (A) if the diary is filled up—made capable of recording new information; or\n- (B) if the diary is not in working order as mentioned in section 304 (b) (ii) or is malfunctioning—brought into working order;\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.","sortOrder":514},{"sectionNumber":"sec.306","sectionType":"section","heading":"Driver must notify Regulator if written work diary filled up etc.","content":"### sec.306 Driver must notify Regulator if written work diary filled up etc.\n\nWithin 2 business days after the driver of a fatigue-regulated heavy vehicle becomes aware that the driver’s written work diary has been filled up, destroyed, lost or stolen, the driver must notify the Regulator in the approved form of that happening.\nMaximum penalty—$3000.","sortOrder":515},{"sectionNumber":"sec.307","sectionType":"section","heading":"Driver who is record keeper must notify Regulator if electronic work diary filled up etc.","content":"### sec.307 Driver who is record keeper must notify Regulator if electronic work diary filled up etc.\n\nThis section applies if the driver of a fatigue-regulated heavy vehicle who is his or her own record keeper—\nbecomes aware that the driver’s electronic work diary has been filled up, destroyed, lost or stolen or is not in working order as mentioned in section 304 (b) (ii) ; or\nbecomes aware or has reason to suspect that the driver’s electronic work diary is malfunctioning or has malfunctioned.\nThe driver must notify the Regulator in the approved form of the matter within 2 business days.\nMaximum penalty—$3000.\nWithin a period required by the Regulator, the driver must ensure the electronic work diary is examined and brought into working order.\nMaximum penalty—$3000.\nsch s 307 amd 2015 No. 12 s 28\namd 2025 No. 26 s 71 (uncommenced amendment)\n(sec.307-ssec.1) This section applies if the driver of a fatigue-regulated heavy vehicle who is his or her own record keeper— becomes aware that the driver’s electronic work diary has been filled up, destroyed, lost or stolen or is not in working order as mentioned in section 304 (b) (ii) ; or becomes aware or has reason to suspect that the driver’s electronic work diary is malfunctioning or has malfunctioned.\n(sec.307-ssec.2) The driver must notify the Regulator in the approved form of the matter within 2 business days. Maximum penalty—$3000.\n(sec.307-ssec.3) Within a period required by the Regulator, the driver must ensure the electronic work diary is examined and brought into working order. Maximum penalty—$3000.\n- (a) becomes aware that the driver’s electronic work diary has been filled up, destroyed, lost or stolen or is not in working order as mentioned in section 304 (b) (ii) ; or\n- (b) becomes aware or has reason to suspect that the driver’s electronic work diary is malfunctioning or has malfunctioned.","sortOrder":516},{"sectionNumber":"sec.308","sectionType":"section","heading":"What driver must do if lost or stolen written work diary found or returned","content":"### sec.308 What driver must do if lost or stolen written work diary found or returned\n\nIf a lost or stolen written work diary (the old work diary ) is found by or returned to the driver of a fatigue-regulated heavy vehicle after a replacement work diary has been issued to the driver, the driver must do the following—\nimmediately cancel any unused daily sheets in the old work diary;\nif the old work diary is found or returned within 28 days after it was lost or stolen—\nimmediately notify the Regulator in the approved form that it has been found or returned; and\ngive it to the Regulator within 2 business days after the 28-day period ends;\nif the old work diary is found or returned later than 28 days after it was lost or stolen—give it to the Regulator as soon as practicable after it is found or returned.\nMaximum penalty—$3000.\nIf a driver of a fatigue-regulated heavy vehicle gives a previously lost or stolen written work diary to the Regulator under subsection (1) , the Regulator must—\nif the driver has not complied with subsection (1) (a) , cancel any unused daily sheets in the work diary; and\nreturn the work diary to the driver.\nsch s 308 om 2025 No. 26 s 72 (uncommenced amendment)\n(sec.308-ssec.1) If a lost or stolen written work diary (the old work diary ) is found by or returned to the driver of a fatigue-regulated heavy vehicle after a replacement work diary has been issued to the driver, the driver must do the following— immediately cancel any unused daily sheets in the old work diary; if the old work diary is found or returned within 28 days after it was lost or stolen— immediately notify the Regulator in the approved form that it has been found or returned; and give it to the Regulator within 2 business days after the 28-day period ends; if the old work diary is found or returned later than 28 days after it was lost or stolen—give it to the Regulator as soon as practicable after it is found or returned. Maximum penalty—$3000.\n(sec.308-ssec.2) If a driver of a fatigue-regulated heavy vehicle gives a previously lost or stolen written work diary to the Regulator under subsection (1) , the Regulator must— if the driver has not complied with subsection (1) (a) , cancel any unused daily sheets in the work diary; and return the work diary to the driver.\n- (a) immediately cancel any unused daily sheets in the old work diary;\n- (b) if the old work diary is found or returned within 28 days after it was lost or stolen— (i) immediately notify the Regulator in the approved form that it has been found or returned; and (ii) give it to the Regulator within 2 business days after the 28-day period ends;\n- (i) immediately notify the Regulator in the approved form that it has been found or returned; and\n- (ii) give it to the Regulator within 2 business days after the 28-day period ends;\n- (c) if the old work diary is found or returned later than 28 days after it was lost or stolen—give it to the Regulator as soon as practicable after it is found or returned.\n- (i) immediately notify the Regulator in the approved form that it has been found or returned; and\n- (ii) give it to the Regulator within 2 business days after the 28-day period ends;\n- (a) if the driver has not complied with subsection (1) (a) , cancel any unused daily sheets in the work diary; and\n- (b) return the work diary to the driver.","sortOrder":517},{"sectionNumber":"sec.309","sectionType":"section","heading":"Driver must notify record keeper if electronic work diary filled up etc.","content":"### sec.309 Driver must notify record keeper if electronic work diary filled up etc.\n\nThis section applies if—\nthe driver of a fatigue-regulated heavy vehicle—\nbecomes aware that the driver’s electronic work diary has been filled up, destroyed, lost or stolen or is not in working order as mentioned in section 304 (b) (ii) ; or\nbecomes aware or has reason to suspect that the driver’s electronic work diary is malfunctioning or has malfunctioned; and\nthe driver’s record keeper is a person other than the driver.\nThe driver must, within 2 business days after the driver becomes aware of the matter, inform the driver’s record keeper of the matter.\nMaximum penalty—$3000.\nsch s 309 amd 2015 No. 12 s 67 sch\namd 2025 No. 26 s 73 (uncommenced amendment)\n(sec.309-ssec.1) This section applies if— the driver of a fatigue-regulated heavy vehicle— becomes aware that the driver’s electronic work diary has been filled up, destroyed, lost or stolen or is not in working order as mentioned in section 304 (b) (ii) ; or becomes aware or has reason to suspect that the driver’s electronic work diary is malfunctioning or has malfunctioned; and the driver’s record keeper is a person other than the driver.\n(sec.309-ssec.2) The driver must, within 2 business days after the driver becomes aware of the matter, inform the driver’s record keeper of the matter. Maximum penalty—$3000.\n- (a) the driver of a fatigue-regulated heavy vehicle— (i) becomes aware that the driver’s electronic work diary has been filled up, destroyed, lost or stolen or is not in working order as mentioned in section 304 (b) (ii) ; or (ii) becomes aware or has reason to suspect that the driver’s electronic work diary is malfunctioning or has malfunctioned; and\n- (i) becomes aware that the driver’s electronic work diary has been filled up, destroyed, lost or stolen or is not in working order as mentioned in section 304 (b) (ii) ; or\n- (ii) becomes aware or has reason to suspect that the driver’s electronic work diary is malfunctioning or has malfunctioned; and\n- (b) the driver’s record keeper is a person other than the driver.\n- (i) becomes aware that the driver’s electronic work diary has been filled up, destroyed, lost or stolen or is not in working order as mentioned in section 304 (b) (ii) ; or\n- (ii) becomes aware or has reason to suspect that the driver’s electronic work diary is malfunctioning or has malfunctioned; and","sortOrder":518},{"sectionNumber":"sec.310","sectionType":"section","heading":"Intelligent access program reporting entity must notify record keeper if approved electronic recording system malfunctioning","content":"### sec.310 Intelligent access program reporting entity must notify record keeper if approved electronic recording system malfunctioning\n\nThis section applies if—\nan approved electronic recording system—\nconstitutes an electronic work diary or has a part that constitutes an electronic work diary; and\nis or is part of an approved intelligent transport system; and\nan intelligent access program reporting entity for the approved intelligent transport system becomes aware or has reason to suspect that the approved electronic recording system is malfunctioning or has malfunctioned.\nThe intelligent access program reporting entity must inform the driver’s record keeper of the matter within 2 business days.\nMaximum penalty—$6000.\nsch s 310 amd 2016 No. 65 s 139\n(sec.310-ssec.1) This section applies if— an approved electronic recording system— constitutes an electronic work diary or has a part that constitutes an electronic work diary; and is or is part of an approved intelligent transport system; and an intelligent access program reporting entity for the approved intelligent transport system becomes aware or has reason to suspect that the approved electronic recording system is malfunctioning or has malfunctioned.\n(sec.310-ssec.2) The intelligent access program reporting entity must inform the driver’s record keeper of the matter within 2 business days. Maximum penalty—$6000.\n- (a) an approved electronic recording system— (i) constitutes an electronic work diary or has a part that constitutes an electronic work diary; and (ii) is or is part of an approved intelligent transport system; and\n- (i) constitutes an electronic work diary or has a part that constitutes an electronic work diary; and\n- (ii) is or is part of an approved intelligent transport system; and\n- (b) an intelligent access program reporting entity for the approved intelligent transport system becomes aware or has reason to suspect that the approved electronic recording system is malfunctioning or has malfunctioned.\n- (i) constitutes an electronic work diary or has a part that constitutes an electronic work diary; and\n- (ii) is or is part of an approved intelligent transport system; and","sortOrder":519},{"sectionNumber":"sec.311","sectionType":"section","heading":"What record keeper must do if electronic work diary filled up","content":"### sec.311 What record keeper must do if electronic work diary filled up\n\nThis section applies if—\nthe record keeper for the driver of a fatigue-regulated heavy vehicle is a person other than the driver; and\nthe driver uses an electronic work diary supplied to the driver by the record keeper; and\nthe record keeper becomes aware or has reason to suspect that the electronic work diary has been filled up.\nThe record keeper must, as soon as reasonably practicable after becoming aware of the matter or having reason to suspect the matter—\neither—\nmake the electronic work diary capable of recording new information; or\ngive the driver a new electronic work diary that is in working order; and\nif the record keeper removes any information relating to any period during the last 28 days from the work diary to make it capable of recording new information—give the driver the removed information in a way that makes the information readily available to the driver; and\nnotify the Regulator in the approved form that the electronic work diary has been filled up.\nMaximum penalty—$6000.\nIf the record keeper has engaged another person under a contract for services to comply with subsection (2) for the record keeper—\nthe record keeper remains liable for an offence against subsection (2) ; and\nthe other person is also liable for an offence against subsection (2) as if the other person were the record keeper mentioned in the subsection.\nsch s 311 amd 2015 No. 12 s 29 ; 2016 No. 65 s 52\n(sec.311-ssec.1) This section applies if— the record keeper for the driver of a fatigue-regulated heavy vehicle is a person other than the driver; and the driver uses an electronic work diary supplied to the driver by the record keeper; and the record keeper becomes aware or has reason to suspect that the electronic work diary has been filled up.\n(sec.311-ssec.2) The record keeper must, as soon as reasonably practicable after becoming aware of the matter or having reason to suspect the matter— either— make the electronic work diary capable of recording new information; or give the driver a new electronic work diary that is in working order; and if the record keeper removes any information relating to any period during the last 28 days from the work diary to make it capable of recording new information—give the driver the removed information in a way that makes the information readily available to the driver; and notify the Regulator in the approved form that the electronic work diary has been filled up. Maximum penalty—$6000.\n(sec.311-ssec.3) If the record keeper has engaged another person under a contract for services to comply with subsection (2) for the record keeper— the record keeper remains liable for an offence against subsection (2) ; and the other person is also liable for an offence against subsection (2) as if the other person were the record keeper mentioned in the subsection.\n- (a) the record keeper for the driver of a fatigue-regulated heavy vehicle is a person other than the driver; and\n- (b) the driver uses an electronic work diary supplied to the driver by the record keeper; and\n- (c) the record keeper becomes aware or has reason to suspect that the electronic work diary has been filled up.\n- (a) either— (i) make the electronic work diary capable of recording new information; or (ii) give the driver a new electronic work diary that is in working order; and\n- (i) make the electronic work diary capable of recording new information; or\n- (ii) give the driver a new electronic work diary that is in working order; and\n- (b) if the record keeper removes any information relating to any period during the last 28 days from the work diary to make it capable of recording new information—give the driver the removed information in a way that makes the information readily available to the driver; and\n- (c) notify the Regulator in the approved form that the electronic work diary has been filled up.\n- (i) make the electronic work diary capable of recording new information; or\n- (ii) give the driver a new electronic work diary that is in working order; and\n- (a) the record keeper remains liable for an offence against subsection (2) ; and\n- (b) the other person is also liable for an offence against subsection (2) as if the other person were the record keeper mentioned in the subsection.","sortOrder":520},{"sectionNumber":"sec.312","sectionType":"section","heading":"What record keeper must do if electronic work diary destroyed, lost or stolen","content":"### sec.312 What record keeper must do if electronic work diary destroyed, lost or stolen\n\nThis section applies if—\nthe record keeper for the driver of a fatigue-regulated heavy vehicle is a person other than the driver; and\nthe driver uses an electronic work diary supplied to the driver by the record keeper; and\nthe record keeper becomes aware or has reason to suspect that the electronic work diary has been destroyed, lost or stolen.\nThe record keeper must, as soon as reasonably practicable after becoming aware of the matter or having reason to suspect the matter—\ninform the driver that the electronic work diary has been destroyed, lost or stolen unless the driver informed the record keeper about the fault under section 309 ; and\ngive the driver an electronic work diary that is in working order; and\ngive the driver any information, in a way that makes the information readily available to the driver, that was in the destroyed, lost or stolen electronic work diary that—\nis accessible to the record keeper; and\nrelates to any period during the last 28 days; and\nis not stored in the new electronic work diary.\nMaximum penalty—$6000.\nThe record keeper must within 2 business days notify the Regulator in the approved form that the electronic work diary has been destroyed, lost or stolen, unless the record keeper has a reasonable excuse.\nMaximum penalty—$6000.\nIf the record keeper has engaged another person under a contract for services to comply with subsection (2) or (3) for the record keeper—\nthe record keeper remains liable for an offence against subsection (2) or (3) ; and\nthe other person is also liable for an offence against subsection (2) or (3) as if the other person were the record keeper mentioned in the subsection.\nsch s 312 amd 2015 No. 12 s 30 ; 2016 No. 65 s 53\namd 2025 No. 26 s 74 (uncommenced amendment)\n(sec.312-ssec.1) This section applies if— the record keeper for the driver of a fatigue-regulated heavy vehicle is a person other than the driver; and the driver uses an electronic work diary supplied to the driver by the record keeper; and the record keeper becomes aware or has reason to suspect that the electronic work diary has been destroyed, lost or stolen.\n(sec.312-ssec.2) The record keeper must, as soon as reasonably practicable after becoming aware of the matter or having reason to suspect the matter— inform the driver that the electronic work diary has been destroyed, lost or stolen unless the driver informed the record keeper about the fault under section 309 ; and give the driver an electronic work diary that is in working order; and give the driver any information, in a way that makes the information readily available to the driver, that was in the destroyed, lost or stolen electronic work diary that— is accessible to the record keeper; and relates to any period during the last 28 days; and is not stored in the new electronic work diary. Maximum penalty—$6000.\n(sec.312-ssec.3) The record keeper must within 2 business days notify the Regulator in the approved form that the electronic work diary has been destroyed, lost or stolen, unless the record keeper has a reasonable excuse. Maximum penalty—$6000.\n(sec.312-ssec.4) If the record keeper has engaged another person under a contract for services to comply with subsection (2) or (3) for the record keeper— the record keeper remains liable for an offence against subsection (2) or (3) ; and the other person is also liable for an offence against subsection (2) or (3) as if the other person were the record keeper mentioned in the subsection.\n- (a) the record keeper for the driver of a fatigue-regulated heavy vehicle is a person other than the driver; and\n- (b) the driver uses an electronic work diary supplied to the driver by the record keeper; and\n- (c) the record keeper becomes aware or has reason to suspect that the electronic work diary has been destroyed, lost or stolen.\n- (a) inform the driver that the electronic work diary has been destroyed, lost or stolen unless the driver informed the record keeper about the fault under section 309 ; and\n- (b) give the driver an electronic work diary that is in working order; and\n- (c) give the driver any information, in a way that makes the information readily available to the driver, that was in the destroyed, lost or stolen electronic work diary that— (i) is accessible to the record keeper; and (ii) relates to any period during the last 28 days; and (iii) is not stored in the new electronic work diary.\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- (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- (a) the record keeper remains liable for an offence against subsection (2) or (3) ; and\n- (b) the other person is also liable for an offence against subsection (2) or (3) as if the other person were the record keeper mentioned in the subsection.","sortOrder":521},{"sectionNumber":"sec.313","sectionType":"section","heading":"What record keeper must do if electronic work diary not in working order or malfunctioning","content":"### sec.313 What record keeper must do if electronic work diary not in working order or malfunctioning\n\nThis section applies if—\nthe record keeper for the driver of a fatigue-regulated heavy vehicle is a person other than the driver; and\nthe driver uses an electronic work diary supplied to the driver by the record keeper; and\nthe record keeper becomes aware of, or has reason to suspect, either of the following matters—\nthat the electronic work diary is not in working order;\nthat the electronic work diary is malfunctioning or has malfunctioned.\nThe record keeper may become aware as mentioned in paragraph (c) whether or not the record keeper has been informed by the driver under section 309 or an intelligent access program reporting entity under section 310 .\nThe record keeper must as soon as reasonably practicable after becoming aware of the matter or having reason to suspect the matter inform the driver about the matter unless the driver informed the record keeper about the matter under section 309 .\nMaximum penalty—$6000.\nThe record keeper must, after becoming aware of the matter or having reason to suspect the matter—\nas soon as reasonably practicable, direct the driver in the approved form to use a supplementary record in compliance with section 305 ; and\nas soon as reasonably practicable, give the driver information that was in the electronic work diary, in a way that makes the information readily available to the driver, that—\nis accessible to the record keeper; and\nrelates to any period during the last 28 days; and\nis not stored in the electronic work diary because the electronic work diary is not in working order or is malfunctioning or has malfunctioned; and\nwithin 2 business days, notify the Regulator in the approved form that the electronic work diary is not in working order or is malfunctioning or has malfunctioned, unless the record keeper has a reasonable excuse; and\nwithin a period required by the Regulator, ensure the electronic work diary is examined and brought into working order and is not malfunctioning.\nMaximum penalty—$6000.\nSubsection (5) applies if the driver of the vehicle changes during any period that is relevant to the duties imposed on the record keeper by subsection (2) or (3) .\nEach reference to the driver in subsection (2) or (3) is a reference to the driver of the vehicle when the record keeper acts under the subsection.\nIf the record keeper has engaged another person under a contract for services to comply with subsection (2) or (3) for the record keeper—\nthe record keeper remains liable for an offence against subsection (2) or (3) ; and\nthe other person is also liable for an offence against subsection (2) or (3) as if the other person were the record keeper mentioned in the subsection.\nSubsection (6) does not apply if the other person is engaged under a contract for services only to repair or otherwise bring the electronic work diary into working order.\nA person in the business of repairing electronic recording systems is engaged under a contract for services to repair or otherwise bring the electronic work diary into working order on behalf of the record keeper.\nsch s 313 amd 2015 No. 12 s 31 ; 2016 No. 65 ss 54, 139\n(sec.313-ssec.1) This section applies if— the record keeper for the driver of a fatigue-regulated heavy vehicle is a person other than the driver; and the driver uses an electronic work diary supplied to the driver by the record keeper; and the record keeper becomes aware of, or has reason to suspect, either of the following matters— that the electronic work diary is not in working order; that the electronic work diary is malfunctioning or has malfunctioned. The record keeper may become aware as mentioned in paragraph (c) whether or not the record keeper has been informed by the driver under section 309 or an intelligent access program reporting entity under section 310 .\n(sec.313-ssec.2) The record keeper must as soon as reasonably practicable after becoming aware of the matter or having reason to suspect the matter inform the driver about the matter unless the driver informed the record keeper about the matter under section 309 . Maximum penalty—$6000.\n(sec.313-ssec.3) The record keeper must, after becoming aware of the matter or having reason to suspect the matter— as soon as reasonably practicable, direct the driver in the approved form to use a supplementary record in compliance with section 305 ; and as soon as reasonably practicable, give the driver information that was in the electronic work diary, in a way that makes the information readily available to the driver, that— is accessible to the record keeper; and relates to any period during the last 28 days; and is not stored in the electronic work diary because the electronic work diary is not in working order or is malfunctioning or has malfunctioned; and within 2 business days, notify the Regulator in the approved form that the electronic work diary is not in working order or is malfunctioning or has malfunctioned, unless the record keeper has a reasonable excuse; and within a period required by the Regulator, ensure the electronic work diary is examined and brought into working order and is not malfunctioning. Maximum penalty—$6000.\n(sec.313-ssec.4) Subsection (5) applies if the driver of the vehicle changes during any period that is relevant to the duties imposed on the record keeper by subsection (2) or (3) .\n(sec.313-ssec.5) Each reference to the driver in subsection (2) or (3) is a reference to the driver of the vehicle when the record keeper acts under the subsection.\n(sec.313-ssec.6) If the record keeper has engaged another person under a contract for services to comply with subsection (2) or (3) for the record keeper— the record keeper remains liable for an offence against subsection (2) or (3) ; and the other person is also liable for an offence against subsection (2) or (3) as if the other person were the record keeper mentioned in the subsection.\n(sec.313-ssec.7) Subsection (6) does not apply if the other person is engaged under a contract for services only to repair or otherwise bring the electronic work diary into working order. A person in the business of repairing electronic recording systems is engaged under a contract for services to repair or otherwise bring the electronic work diary into working order on behalf of the record keeper.\n- (a) the record keeper for the driver of a fatigue-regulated heavy vehicle is a person other than the driver; and\n- (b) the driver uses an electronic work diary supplied to the driver by the record keeper; and\n- (c) the record keeper becomes aware of, or has reason to suspect, either of the following matters— (i) that the electronic work diary is not in working order; (ii) that the electronic work diary is malfunctioning or has malfunctioned. Note— The record keeper may become aware as mentioned in paragraph (c) whether or not the record keeper has been informed by the driver under section 309 or an intelligent access program reporting entity under section 310 .\n- (i) that the electronic work diary is not in working order;\n- (ii) that the electronic work diary is malfunctioning or has malfunctioned.\n- (i) that the electronic work diary is not in working order;\n- (ii) that the electronic work diary is malfunctioning or has malfunctioned.\n- (a) as soon as reasonably practicable, direct the driver in the approved form to use a supplementary record in compliance with section 305 ; and\n- (b) as soon as reasonably practicable, give the driver information that was in the electronic work diary, in a way that makes the information readily available to the driver, that— (i) is accessible to the record keeper; and (ii) relates to any period during the last 28 days; and (iii) is not stored in the electronic work diary because the electronic work diary is not in working order or is malfunctioning or has malfunctioned; and\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 electronic work diary is not in working order or is malfunctioning or has malfunctioned; and\n- (c) within 2 business days, notify the Regulator in the approved form that the electronic work diary is not in working order or is malfunctioning or has malfunctioned, unless the record keeper has a reasonable excuse; and\n- (d) within a period required by the Regulator, ensure the electronic work diary is examined and brought into working order and is not malfunctioning.\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 electronic work diary is not in working order or is malfunctioning or has malfunctioned; and\n- (a) the record keeper remains liable for an offence against subsection (2) or (3) ; and\n- (b) the other person is also liable for an offence against subsection (2) or (3) as if the other person were the record keeper mentioned in the subsection.","sortOrder":522},{"sectionNumber":"sec.314","sectionType":"section","heading":"How electronic work diary must be used","content":"### sec.314 How electronic work diary must be used\n\nThis section applies if the driver of a fatigue-regulated heavy vehicle who is required to record information in the driver’s work diary under Subdivision 2 uses an electronic work diary.\nThe driver must use the electronic work diary in a way complying with—\nany conditions applying under this Law or a corresponding fatigue law in relation to the use of the approved electronic recording system constituting the work diary or of which the work diary is a part; and\nthe manufacturer’s specifications for the electronic recording system that is or includes the work diary, to the extent the specifications are consistent with the conditions mentioned in paragraph (a) .\nMaximum penalty—$3000.\nThe Regulator may impose conditions on the use of an electronic recording system under section 343 .\nThe record keeper of a driver of a fatigue-regulated heavy vehicle who uses an electronic work diary must ensure the driver complies with the requirements of subsection (2) .\nMaximum penalty—$6000.\nIn a proceeding for an offence against subsection (2) or (3) involving a person failing to comply with a particular specification of the manufacturer of an electronic recording system, it is a defence for the person to prove that—\nthe specification was not integral to the effective operation of the electronic recording system; or\nwhat was done or not done in relation to the specification was in accordance with industry practice in relation to the handling or maintenance of an electronic recording system of that type from that manufacturer.\nsch s 314 amd 2025 No. 26 s 75 (uncommenced amendment)\n(sec.314-ssec.1) This section applies if the driver of a fatigue-regulated heavy vehicle who is required to record information in the driver’s work diary under Subdivision 2 uses an electronic work diary.\n(sec.314-ssec.2) The driver must use the electronic work diary in a way complying with— any conditions applying under this Law or a corresponding fatigue law in relation to the use of the approved electronic recording system constituting the work diary or of which the work diary is a part; and the manufacturer’s specifications for the electronic recording system that is or includes the work diary, to the extent the specifications are consistent with the conditions mentioned in paragraph (a) . Maximum penalty—$3000. The Regulator may impose conditions on the use of an electronic recording system under section 343 .\n(sec.314-ssec.3) The record keeper of a driver of a fatigue-regulated heavy vehicle who uses an electronic work diary must ensure the driver complies with the requirements of subsection (2) . Maximum penalty—$6000.\n(sec.314-ssec.4) In a proceeding for an offence against subsection (2) or (3) involving a person failing to comply with a particular specification of the manufacturer of an electronic recording system, it is a defence for the person to prove that— the specification was not integral to the effective operation of the electronic recording system; or what was done or not done in relation to the specification was in accordance with industry practice in relation to the handling or maintenance of an electronic recording system of that type from that manufacturer.\n- (a) any conditions applying under this Law or a corresponding fatigue law in relation to the use of the approved electronic recording system constituting the work diary or of which the work diary is a part; and\n- (b) the manufacturer’s specifications for the electronic recording system that is or includes the work diary, to the extent the specifications are consistent with the conditions mentioned in paragraph (a) .\n- (a) the specification was not integral to the effective operation of the electronic recording system; or\n- (b) what was done or not done in relation to the specification was in accordance with industry practice in relation to the handling or maintenance of an electronic recording system of that type from that manufacturer.","sortOrder":523},{"sectionNumber":"sec.315","sectionType":"section","heading":"Ensuring driver complies with S divs 1 – 4","content":"### sec.315 Ensuring driver complies with S divs 1 – 4\n\nEach responsible party for the driver of a fatigue-regulated heavy vehicle must ensure, so far as is reasonably practicable, the driver complies with each of Subdivisions 1 , 2 , 3 and 4 so far as they are applicable.\nMaximum penalty—$6000.\nIn this section—\nresponsible party , for the driver of a fatigue-regulated heavy vehicle, means—\nif the driver is an employed driver—an employer of the driver; or\nif the driver is a self-employed driver—a prime contractor of the driver; or\nan operator of the vehicle; or\na scheduler for the vehicle.\nsch s 315 sub 2016 No. 65 s 55\namd 2025 No. 26 s 76 (uncommenced amendment)\n(sec.315-ssec.1) Each responsible party for the driver of a fatigue-regulated heavy vehicle must ensure, so far as is reasonably practicable, the driver complies with each of Subdivisions 1 , 2 , 3 and 4 so far as they are applicable. Maximum penalty—$6000.\n(sec.315-ssec.2) In this section— responsible party , for the driver of a fatigue-regulated heavy vehicle, means— if the driver is an employed driver—an employer of the driver; or if the driver is a self-employed driver—a prime contractor of the driver; or an operator of the vehicle; or a scheduler for the vehicle.\n- (a) if the driver is an employed driver—an employer of the driver; or\n- (b) if the driver is a self-employed driver—a prime contractor of the driver; or\n- (c) an operator of the vehicle; or\n- (d) a scheduler for the vehicle.","sortOrder":524},{"sectionNumber":"sch-inc-ch.6-pt.6.4-div.3","sectionType":"division","heading":"Records relating to drivers","content":"## Records relating to drivers","sortOrder":525},{"sectionNumber":"sec.316","sectionType":"section","heading":"Application of Div 3","content":"### sec.316 Application of Div 3\n\nThis Division—\napplies in relation to each record keeper for the driver of a fatigue-regulated heavy vehicle; and\nif there is more than 1 record keeper for the driver of a fatigue-regulated heavy vehicle—applies only to the extent the driver is carrying out work in relation to which the record keeper is a record keeper for the driver.\nThe driver of a fatigue-regulated heavy vehicle is an employed driver employed by employer A and employer B, each of whom is a record keeper of the driver. A’s obligations to record information under this Division apply only to the extent the information is about the work the driver carries out for A.\nFor example, under section 319 , A need only record the registration numbers of the fatigue-regulated heavy vehicles the driver drives for carrying out work for A and the work times and rest times of the driver while carrying out that work. A does not need to record the registration numbers for the fatigue-regulated heavy vehicles the driver drives for carrying out work for B or the work times and rest times of the driver while carrying out that work.\n- (a) applies in relation to each record keeper for the driver of a fatigue-regulated heavy vehicle; and\n- (b) if there is more than 1 record keeper for the driver of a fatigue-regulated heavy vehicle—applies only to the extent the driver is carrying out work in relation to which the record keeper is a record keeper for the driver. Example for the purposes of paragraph (b) — The driver of a fatigue-regulated heavy vehicle is an employed driver employed by employer A and employer B, each of whom is a record keeper of the driver. A’s obligations to record information under this Division apply only to the extent the information is about the work the driver carries out for A. For example, under section 319 , A need only record the registration numbers of the fatigue-regulated heavy vehicles the driver drives for carrying out work for A and the work times and rest times of the driver while carrying out that work. A does not need to record the registration numbers for the fatigue-regulated heavy vehicles the driver drives for carrying out work for B or the work times and rest times of the driver while carrying out that work.","sortOrder":526},{"sectionNumber":"sec.317","sectionType":"section","heading":"Who is a driver’s record keeper","content":"### sec.317 Who is a driver’s record keeper\n\nThe following person is the record keeper for the driver of a fatigue-regulated heavy vehicle—\nif the driver is operating under a BFM accreditation or AFM accreditation of an operator of the vehicle or a work and rest hours exemption (permit) granted in combination with an operator’s BFM accreditation or AFM accreditation—the operator;\notherwise—\nfor an employed driver of a fatigue-regulated heavy vehicle—the driver’s employer; or\nfor a self-employed driver of a fatigue-regulated heavy vehicle—the driver.\nsch s 317 amd 2025 No. 26 s 77 (uncommenced amendment)\n- (a) if the driver is operating under a BFM accreditation or AFM accreditation of an operator of the vehicle or a work and rest hours exemption (permit) granted in combination with an operator’s BFM accreditation or AFM accreditation—the operator;\n- (b) otherwise— (i) for an employed driver of a fatigue-regulated heavy vehicle—the driver’s employer; or (ii) for a self-employed driver of a fatigue-regulated heavy vehicle—the driver.\n- (i) for an employed driver of a fatigue-regulated heavy vehicle—the driver’s employer; or\n- (ii) for a self-employed driver of a fatigue-regulated heavy vehicle—the driver.\n- (i) for an employed driver of a fatigue-regulated heavy vehicle—the driver’s employer; or\n- (ii) for a self-employed driver of a fatigue-regulated heavy vehicle—the driver.","sortOrder":527},{"sectionNumber":"sec.318","sectionType":"section","heading":"Application of S div 2","content":"### sec.318 Application of S div 2\n\nThis Subdivision applies in relation to the driver of a fatigue-regulated heavy vehicle who is undertaking only 100km work under standard hours.","sortOrder":528},{"sectionNumber":"sec.319","sectionType":"section","heading":"Records record keeper must have","content":"### sec.319 Records record keeper must have\n\nThe driver’s record keeper must, unless the record keeper has a reasonable excuse—\nrecord the following information within the prescribed period—\nthe driver’s name and contact details;\nthe driver’s current driver licence number and the jurisdiction in which the licence was issued;\nthe dates on which the driver drives a fatigue-regulated heavy vehicle on a road;\nthe registration number for each fatigue-regulated heavy vehicle the driver drives, being—\nin the case of a vehicle that is not in a combination—that vehicle; or\nin the case of a vehicle that is in a combination—the towing vehicle in the combination;\nthe total of the driver’s work times and rest times on each day on which the driver drives a fatigue-regulated heavy vehicle;\nthe total of the driver’s work times and rest times for each week during which the driver drives a fatigue-regulated heavy vehicle;\nthe driver’s rosters and trip schedules, including details of driver changeovers;\nthe location of the driver’s base;\nif the location of the driver’s base changes—the date on which the location changes; and\nkeep a copy of payment records relating to the driver, including time sheet records if the driver is paid according to time at work.\nMaximum penalty—$6000.\nA requirement imposed on a record keeper by subsection (1) (a) (ii) to (vi) is taken to be satisfied if an electronic work diary used by the driver, the information in which is maintained by the record keeper, includes the information mentioned in the provisions.\nIf the record keeper has engaged another person under a contract for services to comply with subsection (1) for the record keeper—\nthe record keeper remains liable for an offence against subsection (1) ; and\nthe other person is also liable for an offence against subsection (1) as if the other person were the record keeper mentioned in the subsection.\nIn this section—\nprescribed period , for recording information mentioned in subsection (1) relating to the driver of a fatigue-regulated heavy vehicle, means—\nif the driver’s record keeper is the driver—within 24 hours after the driver stops working on a day for which the information is relevant; or\nif the driver’s record keeper is a person other than the driver—as soon as possible after the person receives the information.\nsch s 319 amd 2015 No. 12 s 32 ; 2016 No. 65 s 56 ; 2018 No. 10 s 22 ; 2019 No. 29 s 17\n(sec.319-ssec.1) The driver’s record keeper must, unless the record keeper has a reasonable excuse— record the following information within the prescribed period— the driver’s name and contact details; the driver’s current driver licence number and the jurisdiction in which the licence was issued; the dates on which the driver drives a fatigue-regulated heavy vehicle on a road; the registration number for each fatigue-regulated heavy vehicle the driver drives, being— in the case of a vehicle that is not in a combination—that vehicle; or in the case of a vehicle that is in a combination—the towing vehicle in the combination; the total of the driver’s work times and rest times on each day on which the driver drives a fatigue-regulated heavy vehicle; the total of the driver’s work times and rest times for each week during which the driver drives a fatigue-regulated heavy vehicle; the driver’s rosters and trip schedules, including details of driver changeovers; the location of the driver’s base; if the location of the driver’s base changes—the date on which the location changes; and keep a copy of payment records relating to the driver, including time sheet records if the driver is paid according to time at work. Maximum penalty—$6000.\n(sec.319-ssec.2) A requirement imposed on a record keeper by subsection (1) (a) (ii) to (vi) is taken to be satisfied if an electronic work diary used by the driver, the information in which is maintained by the record keeper, includes the information mentioned in the provisions.\n(sec.319-ssec.3) If the record keeper has engaged another person under a contract for services to comply with subsection (1) for the record keeper— the record keeper remains liable for an offence against subsection (1) ; and the other person is also liable for an offence against subsection (1) as if the other person were the record keeper mentioned in the subsection.\n(sec.319-ssec.6) In this section— prescribed period , for recording information mentioned in subsection (1) relating to the driver of a fatigue-regulated heavy vehicle, means— if the driver’s record keeper is the driver—within 24 hours after the driver stops working on a day for which the information is relevant; or if the driver’s record keeper is a person other than the driver—as soon as possible after the person receives the information.\n- (a) record the following information within the prescribed period— (i) the driver’s name and contact details; (ii) the driver’s current driver licence number and the jurisdiction in which the licence was issued; (iii) the dates on which the driver drives a fatigue-regulated heavy vehicle on a road; (iv) the registration number for each fatigue-regulated heavy vehicle the driver drives, being— (A) in the case of a vehicle that is not in a combination—that vehicle; or (B) in the case of a vehicle that is in a combination—the towing vehicle in the combination; (v) the total of the driver’s work times and rest times on each day on which the driver drives a fatigue-regulated heavy vehicle; (vi) the total of the driver’s work times and rest times for each week during which the driver drives a fatigue-regulated heavy vehicle; (vii) the driver’s rosters and trip schedules, including details of driver changeovers; (viii) the location of the driver’s base; (ix) if the location of the driver’s base changes—the date on which the location changes; and\n- (i) the driver’s name and contact details;\n- (ii) the driver’s current driver licence number and the jurisdiction in which the licence was issued;\n- (iii) the dates on which the driver drives a fatigue-regulated heavy vehicle on a road;\n- (iv) the registration number for each fatigue-regulated heavy vehicle the driver drives, being— (A) in the case of a vehicle that is not in a combination—that vehicle; or (B) in the case of a vehicle that is in a combination—the towing vehicle in the combination;\n- (A) in the case of a vehicle that is not in a combination—that vehicle; or\n- (B) in the case of a vehicle that is in a combination—the towing vehicle in the combination;\n- (v) the total of the driver’s work times and rest times on each day on which the driver drives a fatigue-regulated heavy vehicle;\n- (vi) the total of the driver’s work times and rest times for each week during which the driver drives a fatigue-regulated heavy vehicle;\n- (vii) the driver’s rosters and trip schedules, including details of driver changeovers;\n- (viii) the location of the driver’s base;\n- (ix) if the location of the driver’s base changes—the date on which the location changes; and\n- (b) keep a copy of payment records relating to the driver, including time sheet records if the driver is paid according to time at work.\n- (i) the driver’s name and contact details;\n- (ii) the driver’s current driver licence number and the jurisdiction in which the licence was issued;\n- (iii) the dates on which the driver drives a fatigue-regulated heavy vehicle on a road;\n- (iv) the registration number for each fatigue-regulated heavy vehicle the driver drives, being— (A) in the case of a vehicle that is not in a combination—that vehicle; or (B) in the case of a vehicle that is in a combination—the towing vehicle in the combination;\n- (A) in the case of a vehicle that is not in a combination—that vehicle; or\n- (B) in the case of a vehicle that is in a combination—the towing vehicle in the combination;\n- (v) the total of the driver’s work times and rest times on each day on which the driver drives a fatigue-regulated heavy vehicle;\n- (vi) the total of the driver’s work times and rest times for each week during which the driver drives a fatigue-regulated heavy vehicle;\n- (vii) the driver’s rosters and trip schedules, including details of driver changeovers;\n- (viii) the location of the driver’s base;\n- (ix) if the location of the driver’s base changes—the date on which the location changes; and\n- (A) in the case of a vehicle that is not in a combination—that vehicle; or\n- (B) in the case of a vehicle that is in a combination—the towing vehicle in the combination;\n- (a) the record keeper remains liable for an offence against subsection (1) ; and\n- (b) the other person is also liable for an offence against subsection (1) as if the other person were the record keeper mentioned in the subsection.\n- (a) if the driver’s record keeper is the driver—within 24 hours after the driver stops working on a day for which the information is relevant; or\n- (b) if the driver’s record keeper is a person other than the driver—as soon as possible after the person receives the information.","sortOrder":529},{"sectionNumber":"sec.319A","sectionType":"section","heading":"General requirements about driver recording and giving information to record keeper","content":"### sec.319A General requirements about driver recording and giving information to record keeper\n\nThis section applies if the driver’s record keeper on a relevant day is a person other than the driver.\nThe driver must, unless the driver has a reasonable excuse—\nwithin 24 hours after the driver stops working on the relevant day, record the information mentioned in section 319 (1) (a) (iii) to (vi) for that day; and\nwithin 21 days after the relevant day, give the information mentioned in section 319 (1) for that day to the driver’s record keeper.\nMaximum penalty—$3000.\nThe requirement imposed on the driver by subsection (2) (a) is taken to be satisfied if the record keeper records the information within the period mentioned in the provision.\nThe requirement imposed on the driver by subsection (2) (b) is taken to be satisfied if the record keeper obtains the information within the period mentioned in the provision in any way, including, for example, because the information is recorded—\nin an electronic work diary used by the driver, the information in which is maintained by the record keeper; or\nby the record keeper.\nThe record keeper must, so far as is reasonably practicable, ensure the driver complies with subsection (2) (b) .\nMaximum penalty—$3000.\nIf the record keeper has engaged another person under a contract for services to comply with subsection (5) for the record keeper—\nthe record keeper remains liable for an offence against subsection (5) ; and\nthe other person is also liable for an offence against subsection (5) as if the other person were the record keeper mentioned in the subsection.\nIn this section—\nrelevant day means a day on which the driver drives a fatigue-regulated heavy vehicle on a road.\nsch s 319A ins 2018 No. 10 s 23\n(sec.319A-ssec.1) This section applies if the driver’s record keeper on a relevant day is a person other than the driver.\n(sec.319A-ssec.2) The driver must, unless the driver has a reasonable excuse— within 24 hours after the driver stops working on the relevant day, record the information mentioned in section 319 (1) (a) (iii) to (vi) for that day; and within 21 days after the relevant day, give the information mentioned in section 319 (1) for that day to the driver’s record keeper. Maximum penalty—$3000.\n(sec.319A-ssec.3) The requirement imposed on the driver by subsection (2) (a) is taken to be satisfied if the record keeper records the information within the period mentioned in the provision.\n(sec.319A-ssec.4) The requirement imposed on the driver by subsection (2) (b) is taken to be satisfied if the record keeper obtains the information within the period mentioned in the provision in any way, including, for example, because the information is recorded— in an electronic work diary used by the driver, the information in which is maintained by the record keeper; or by the record keeper.\n(sec.319A-ssec.5) The record keeper must, so far as is reasonably practicable, ensure the driver complies with subsection (2) (b) . Maximum penalty—$3000.\n(sec.319A-ssec.6) If the record keeper has engaged another person under a contract for services to comply with subsection (5) for the record keeper— the record keeper remains liable for an offence against subsection (5) ; and the other person is also liable for an offence against subsection (5) as if the other person were the record keeper mentioned in the subsection.\n(sec.319A-ssec.7) In this section— relevant day means a day on which the driver drives a fatigue-regulated heavy vehicle on a road.\n- (a) within 24 hours after the driver stops working on the relevant day, record the information mentioned in section 319 (1) (a) (iii) to (vi) for that day; and\n- (b) within 21 days after the relevant day, give the information mentioned in section 319 (1) for that day to the driver’s record keeper.\n- (a) in an electronic work diary used by the driver, the information in which is maintained by the record keeper; or\n- (b) by the record keeper.\n- (a) the record keeper remains liable for an offence against subsection (5) ; and\n- (b) the other person is also liable for an offence against subsection (5) as if the other person were the record keeper mentioned in the subsection.","sortOrder":530},{"sectionNumber":"sec.320","sectionType":"section","heading":"Application of S div 3","content":"### sec.320 Application of S div 3\n\nThis Subdivision applies in relation to the driver of a fatigue-regulated heavy vehicle who is—\nundertaking 100+km work under standard hours; or\noperating under BFM hours, AFM hours or exemption hours.\nsch s 320 amd 2025 No. 26 s 79 (uncommenced amendment)\n- (a) undertaking 100+km work under standard hours; or\n- (b) operating under BFM hours, AFM hours or exemption hours.","sortOrder":531},{"sectionNumber":"sec.321","sectionType":"section","heading":"Records record keeper must have","content":"### sec.321 Records record keeper must have\n\nThe driver’s record keeper must, unless the record keeper has a reasonable excuse—\nrecord the following information within the prescribed period—\nthe driver’s name and contact details;\nthe driver’s current driver licence number and the jurisdiction in which the licence was issued;\nthe driver’s rosters and trip schedules, including details of driver changeovers; and\nkeep a copy of all duplicate pages, if any, and other copies of work diary entries, including any entry made in a supplementary record—\ngiven to the record keeper under section 322 ; or\nas required to be made by the record keeper as a self-employed driver under Division 2 ; and\nkeep a copy of payment records relating to the driver, including time sheet records if the driver is paid according to time at work.\nMaximum penalty—$6000.\nThe requirement imposed on the record keeper by subsection (1) (a) (ii) is taken to be satisfied if an electronic work diary used by the driver, the information in which is maintained by the record keeper, includes the information mentioned in the provision.\nIf the driver is operating under BFM hours or AFM hours, the record keeper must, unless the record keeper has a reasonable excuse, also record the following information—\nthe information required to be kept by the record keeper as a condition of the BFM accreditation or AFM accreditation under which the driver is operating;\nthe information required to be kept by the record keeper under the BFM standards and business rules or AFM standards and business rules.\nMaximum penalty—$6000.\nSee also section 470 for other record-keeping requirements applying to a record keeper who is an operator operating under a BFM accreditation or AFM accreditation.\nIf the record keeper has engaged another person under a contract for services to comply with subsection (1) or (3) for the record keeper—\nthe record keeper remains liable for an offence against the subsection; and\nthe other person is also liable for an offence against the subsection as if the other person were the record keeper mentioned in the subsection.\nThis section does not apply to the record keeper for the driver of a fatigue-regulated heavy vehicle who—\nis exempt from the requirements of Division 2 under section 356 ; or\nis operating under a work diary exemption (notice).\nA record keeper for the driver of a fatigue-regulated heavy vehicle who is not exempt from the requirements of Division 2 under section 356 and who is operating under a work diary exemption (permit) is not exempt from this section and therefore is subject to its requirements.\nIn this section—\nAFM standards and business rules has the meaning given by section 457 .\nBFM standards and business rules has the meaning given by section 457 .\nprescribed period , for recording information mentioned in subsection (1) relating to the driver of a fatigue-regulated heavy vehicle, means—\nif the driver’s record keeper is the driver—within 24 hours after the driver stops working on a day for which the information is relevant; or\nif the driver’s record keeper is a person other than the driver—as soon as possible after the person receives the information.\nsch s 321 amd 2015 No. 12 s 33 ; 2016 No. 65 s 57\namd 2025 No. 26 s 80 (uncommenced amendment)\n(sec.321-ssec.1) The driver’s record keeper must, unless the record keeper has a reasonable excuse— record the following information within the prescribed period— the driver’s name and contact details; the driver’s current driver licence number and the jurisdiction in which the licence was issued; the driver’s rosters and trip schedules, including details of driver changeovers; and keep a copy of all duplicate pages, if any, and other copies of work diary entries, including any entry made in a supplementary record— given to the record keeper under section 322 ; or as required to be made by the record keeper as a self-employed driver under Division 2 ; and keep a copy of payment records relating to the driver, including time sheet records if the driver is paid according to time at work. Maximum penalty—$6000.\n(sec.321-ssec.2) The requirement imposed on the record keeper by subsection (1) (a) (ii) is taken to be satisfied if an electronic work diary used by the driver, the information in which is maintained by the record keeper, includes the information mentioned in the provision.\n(sec.321-ssec.3) If the driver is operating under BFM hours or AFM hours, the record keeper must, unless the record keeper has a reasonable excuse, also record the following information— the information required to be kept by the record keeper as a condition of the BFM accreditation or AFM accreditation under which the driver is operating; the information required to be kept by the record keeper under the BFM standards and business rules or AFM standards and business rules. Maximum penalty—$6000. See also section 470 for other record-keeping requirements applying to a record keeper who is an operator operating under a BFM accreditation or AFM accreditation.\n(sec.321-ssec.4) If the record keeper has engaged another person under a contract for services to comply with subsection (1) or (3) for the record keeper— the record keeper remains liable for an offence against the subsection; and the other person is also liable for an offence against the subsection as if the other person were the record keeper mentioned in the subsection.\n(sec.321-ssec.7) This section does not apply to the record keeper for the driver of a fatigue-regulated heavy vehicle who— is exempt from the requirements of Division 2 under section 356 ; or is operating under a work diary exemption (notice). A record keeper for the driver of a fatigue-regulated heavy vehicle who is not exempt from the requirements of Division 2 under section 356 and who is operating under a work diary exemption (permit) is not exempt from this section and therefore is subject to its requirements.\n(sec.321-ssec.8) In this section— AFM standards and business rules has the meaning given by section 457 . BFM standards and business rules has the meaning given by section 457 . prescribed period , for recording information mentioned in subsection (1) relating to the driver of a fatigue-regulated heavy vehicle, means— if the driver’s record keeper is the driver—within 24 hours after the driver stops working on a day for which the information is relevant; or if the driver’s record keeper is a person other than the driver—as soon as possible after the person receives the information.\n- (a) record the following information within the prescribed period— (i) the driver’s name and contact details; (ii) the driver’s current driver licence number and the jurisdiction in which the licence was issued; (iii) the driver’s rosters and trip schedules, including details of driver changeovers; and\n- (i) the driver’s name and contact details;\n- (ii) the driver’s current driver licence number and the jurisdiction in which the licence was issued;\n- (iii) the driver’s rosters and trip schedules, including details of driver changeovers; and\n- (b) keep a copy of all duplicate pages, if any, and other copies of work diary entries, including any entry made in a supplementary record— (i) given to the record keeper under section 322 ; or (ii) as required to be made by the record keeper as a self-employed driver under Division 2 ; and\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-employed driver under Division 2 ; and\n- (c) keep a copy of payment records relating to the driver, including time sheet records if the driver is paid according to time at work.\n- (i) the driver’s name and contact details;\n- (ii) the driver’s current driver licence number and the jurisdiction in which the licence was issued;\n- (iii) the driver’s rosters and trip schedules, including details of driver changeovers; and\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-employed driver under Division 2 ; and\n- (a) the information required to be kept by the record keeper as a condition of the BFM accreditation or AFM accreditation under which the driver is operating;\n- (b) the information required to be kept by the record keeper under the BFM standards and business rules or AFM standards and business rules.\n- (a) the record keeper remains liable for an offence against the subsection; and\n- (b) the other person is also liable for an offence against the subsection as if the other person were the record keeper mentioned in the subsection.\n- (a) is exempt from the requirements of Division 2 under section 356 ; or\n- (b) is operating under a work diary exemption (notice).\n- (a) if the driver’s record keeper is the driver—within 24 hours after the driver stops working on a day for which the information is relevant; or\n- (b) if the driver’s record keeper is a person other than the driver—as soon as possible after the person receives the information.","sortOrder":532},{"sectionNumber":"sec.322","sectionType":"section","heading":"General requirements about driver giving information to record keeper","content":"### sec.322 General requirements about driver giving information to record keeper\n\nThis section applies if—\nthe driver of a fatigue-regulated heavy vehicle is required to record information in the driver’s work diary under Division 2 ; and\nthe driver’s record keeper is a person other than the driver.\nThe driver must, within 21 days after the day on which the driver drove the vehicle, give a copy of the work diary entry recording the information, including any entry made in a supplementary record recording the information for that day, to each person who was a record keeper for the driver on that day, unless the driver has a reasonable excuse.\nMaximum penalty—$3000.\nThe requirement imposed on the driver by subsection (2) is taken to be satisfied if an electronic work diary used by the driver, the information in which is maintained by the record keeper, includes the information mentioned in the provision.\nThe record keeper must ensure, so far as is reasonably practicable, the driver complies with subsection (2) .\nMaximum penalty—$3000.\nIf the record keeper has engaged another person under a contract for services to comply with subsection (4) for the record keeper—\nthe record keeper remains liable for an offence against subsection (4) ; and\nthe other person is also liable for an offence against subsection (4) as if the other person were the record keeper mentioned in the subsection.\nsch s 322 amd 2015 No. 12 s 34 ; 2016 No. 65 s 58\n(sec.322-ssec.1) This section applies if— the driver of a fatigue-regulated heavy vehicle is required to record information in the driver’s work diary under Division 2 ; and the driver’s record keeper is a person other than the driver.\n(sec.322-ssec.2) The driver must, within 21 days after the day on which the driver drove the vehicle, give a copy of the work diary entry recording the information, including any entry made in a supplementary record recording the information for that day, to each person who was a record keeper for the driver on that day, unless the driver has a reasonable excuse. Maximum penalty—$3000.\n(sec.322-ssec.3) The requirement imposed on the driver by subsection (2) is taken to be satisfied if an electronic work diary used by the driver, the information in which is maintained by the record keeper, includes the information mentioned in the provision.\n(sec.322-ssec.4) The record keeper must ensure, so far as is reasonably practicable, the driver complies with subsection (2) . Maximum penalty—$3000.\n(sec.322-ssec.5) If the record keeper has engaged another person under a contract for services to comply with subsection (4) for the record keeper— the record keeper remains liable for an offence against subsection (4) ; and the other person is also liable for an offence against subsection (4) as if the other person were the record keeper mentioned in the subsection.\n- (a) the driver of a fatigue-regulated heavy vehicle is required to record information in the driver’s work diary under Division 2 ; and\n- (b) the driver’s record keeper is a person other than the driver.\n- (a) the record keeper remains liable for an offence against subsection (4) ; and\n- (b) the other person is also liable for an offence against subsection (4) as if the other person were the record keeper mentioned in the subsection.","sortOrder":533},{"sectionNumber":"sec.323","sectionType":"section","heading":"Requirements about driver giving information to record keeper if driver changes record keeper","content":"### sec.323 Requirements about driver giving information to record keeper if driver changes record keeper\n\nThis section applies if—\nthe driver of a fatigue-regulated heavy vehicle is, or was in the previous 28 days, required to record information in the driver’s work diary under Division 2 ; and\nthe driver changes record keepers; and\nthe new record keeper is a person other than the driver.\nThe driver must, before driving a fatigue-regulated heavy vehicle for the driver’s new record keeper, give the new record keeper a copy of information the driver recorded in a work diary in the 28 days before the change happened that relates to that 28-day period, unless the driver has a reasonable excuse.\nMaximum penalty—$3000.\nThe new record keeper must ensure, so far as is reasonably practicable, the driver complies with subsection (2) .\nMaximum penalty—$3000.\nThe requirement imposed on the driver or the record keeper by subsection (2) or (3) is taken to be satisfied if an electronic work diary used by the driver, the information in which is maintained by the record keeper, includes the information mentioned in the subsection.\nIf the new record keeper has engaged another person under a contract for services to comply with subsection (3) for the new record keeper—\nthe new record keeper remains liable for an offence against subsection (3) ; and\nthe other person is also liable for an offence against subsection (3) as if the other person were the new record keeper mentioned in the subsection.\nsch s 323 amd 2015 No. 12 s 35 ; 2016 No. 65 s 59\n(sec.323-ssec.1) This section applies if— the driver of a fatigue-regulated heavy vehicle is, or was in the previous 28 days, required to record information in the driver’s work diary under Division 2 ; and the driver changes record keepers; and the new record keeper is a person other than the driver.\n(sec.323-ssec.2) The driver must, before driving a fatigue-regulated heavy vehicle for the driver’s new record keeper, give the new record keeper a copy of information the driver recorded in a work diary in the 28 days before the change happened that relates to that 28-day period, unless the driver has a reasonable excuse. Maximum penalty—$3000.\n(sec.323-ssec.3) The new record keeper must ensure, so far as is reasonably practicable, the driver complies with subsection (2) . Maximum penalty—$3000.\n(sec.323-ssec.4) The requirement imposed on the driver or the record keeper by subsection (2) or (3) is taken to be satisfied if an electronic work diary used by the driver, the information in which is maintained by the record keeper, includes the information mentioned in the subsection.\n(sec.323-ssec.5) If the new record keeper has engaged another person under a contract for services to comply with subsection (3) for the new record keeper— the new record keeper remains liable for an offence against subsection (3) ; and the other person is also liable for an offence against subsection (3) as if the other person were the new record keeper mentioned in the subsection.\n- (a) the driver of a fatigue-regulated heavy vehicle is, or was in the previous 28 days, required to record information in the driver’s work 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- (a) the new record keeper remains liable for an offence against subsection (3) ; and\n- (b) the other person is also liable for an offence against subsection (3) as if the other person were the new record keeper mentioned in the subsection.","sortOrder":534},{"sectionNumber":"sec.324","sectionType":"section","heading":"Record keeper must give information from electronic work diary","content":"### sec.324 Record keeper must give information from electronic work diary\n\nThis section applies if—\nthe driver of a fatigue-regulated heavy vehicle is required to record information in the driver’s work diary under Division 2 ; and\nthe driver’s record keeper is a person other than the driver; and\nthe driver is using an electronic work diary supplied to the driver by the driver’s record keeper.\nIf the driver stops using the electronic work diary, the driver’s record keeper must immediately give the driver, in a way that makes the information readily available to the driver, the information recorded in the work diary for each day on which the driver was using the electronic work diary, unless the record keeper has a reasonable excuse.\nMaximum penalty—$3000.\nIf the record keeper has engaged another person under a contract for services to comply with subsection (2) for the record keeper—\nthe record keeper remains liable for an offence against subsection (2) ; and\nthe other person is also liable for an offence against subsection (2) as if the other person were the record keeper mentioned in the subsection.\nsch s 324 amd 2015 No. 12 s 36 ; 2016 No. 65 s 60\n(sec.324-ssec.1) This section applies if— the driver of a fatigue-regulated heavy vehicle is required to record information in the driver’s work diary under Division 2 ; and the driver’s record keeper is a person other than the driver; and the driver is using an electronic work diary supplied to the driver by the driver’s record keeper.\n(sec.324-ssec.2) If the driver stops using the electronic work diary, the driver’s record keeper must immediately give the driver, in a way that makes the information readily available to the driver, the information recorded in the work diary for each day on which the driver was using the electronic work diary, unless the record keeper has a reasonable excuse. Maximum penalty—$3000.\n(sec.324-ssec.3) If the record keeper has engaged another person under a contract for services to comply with subsection (2) for the record keeper— the record keeper remains liable for an offence against subsection (2) ; and the other person is also liable for an offence against subsection (2) as if the other person were the record keeper mentioned in the subsection.\n- (a) the driver of a fatigue-regulated heavy vehicle is required to record information in the driver’s work diary under Division 2 ; and\n- (b) the driver’s record keeper is a person other than the driver; and\n- (c) the driver is using an electronic work diary supplied to the driver by the driver’s record keeper.\n- (a) the record keeper remains liable for an offence against subsection (2) ; and\n- (b) the other person is also liable for an offence against subsection (2) as if the other person were the record keeper mentioned in the subsection.","sortOrder":535},{"sectionNumber":"sec.324A","sectionType":"section","heading":"Record keeper must give record to driver if requested","content":"### sec.324A Record keeper must give record to driver if requested\n\nThis section applies if—\nthe driver of a fatigue-regulated heavy vehicle is required to record information in the driver’s work diary under Division 2 ; and\nthe driver’s record keeper is a person other than the driver; and\nthe driver requests a record held under this Division by the record keeper.\nThe driver’s record keeper must, as soon as reasonably practicable—\ngive the driver a copy of the record, or make the record available to the driver; or\nif the information is recorded in an electronic work diary—give the driver, in a way that makes the information readily available to the driver, the information recorded in the work diary.\nMaximum penalty—$1500.\nsch s 324A ins 2015 No. 12 s 37\n(sec.324A-ssec.1) This section applies if— the driver of a fatigue-regulated heavy vehicle is required to record information in the driver’s work diary under Division 2 ; and the driver’s record keeper is a person other than the driver; and the driver requests a record held under this Division by the record keeper.\n(sec.324A-ssec.2) The driver’s record keeper must, as soon as reasonably practicable— give the driver a copy of the record, or make the record available to the driver; or if the information is recorded in an electronic work diary—give the driver, in a way that makes the information readily available to the driver, the information recorded in the work diary. Maximum penalty—$1500.\n- (a) the driver of a fatigue-regulated heavy vehicle is required to record information in the driver’s work diary under Division 2 ; and\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 record keeper.\n- (a) give the driver a copy of the record, or make the record available to the driver; or\n- (b) if the information is recorded in an electronic work diary—give the driver, in a way that makes the information readily available to the driver, the information recorded in the work diary.","sortOrder":536},{"sectionNumber":"sch-inc-ch.6-pt.6.4-div.4","sectionType":"division","heading":"Provisions about false representations relating to work records","content":"## Provisions about false representations relating to work records","sortOrder":537},{"sectionNumber":"sec.325","sectionType":"section","heading":"False or misleading entries","content":"### sec.325 False or misleading entries\n\nA person must not record something in a work record that the person knows, or ought reasonably to know, is false or misleading.\nMaximum penalty—$10000.\nSee section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.\nIn a proceeding for an offence against subsection (1) , it is enough for a charge to state that the entry was ‘false or misleading’, without specifying whether it was false or whether it was misleading.\nsch s 325 amd 2016 No. 65 s 61\namd 2025 No. 26 s 81 (uncommenced amendment)\n(sec.325-ssec.1) A person must not record something in a work record that the person knows, or ought reasonably to know, is false or misleading. Maximum penalty—$10000. See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.\n(sec.325-ssec.2) In a proceeding for an offence against subsection (1) , it is enough for a charge to state that the entry was ‘false or misleading’, without specifying whether it was false or whether it was misleading.","sortOrder":538},{"sectionNumber":"sec.326","sectionType":"section","heading":"When possessing, or recording information in, more than 1 work diary relating to the same period is prohibited","content":"### sec.326 When possessing, or recording information in, more than 1 work diary relating to the same period is prohibited\n\nThe driver of a fatigue-regulated heavy vehicle must not have in the driver’s possession more than 1 written work diary in which information can be recorded on a daily sheet.\nMaximum penalty—$10000.\nThe driver of a fatigue-regulated heavy vehicle must not record information for the same period in—\na written work diary and an electronic work diary; or\nmore than 1 electronic work diary.\nThe driver of a fatigue-regulated heavy vehicle works for A and B. The driver keeps a written work diary for work done for A and an electronic work diary for work done for B. On a particular day, the driver works from 1p.m. to 5p.m. for A and from 6p.m. to 11p.m. for B.\nThe driver must record the information about the period between 1p.m. and 5p.m. in the written work diary kept for A, and the information for the period between 6p.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., or the period between 6p.m. to 11p.m., in both the written work diary and electronic work diary.\nMaximum penalty—$10000.\nsch s 326 amd 2015 No. 12 s 38\namd 2025 No. 26 s 82 (uncommenced amendment)\n(sec.326-ssec.1) The driver of a fatigue-regulated heavy vehicle must not have in the driver’s possession more than 1 written work diary in which information can be recorded on a daily sheet. Maximum penalty—$10000.\n(sec.326-ssec.2) The driver of a fatigue-regulated heavy vehicle must not record information for the same period in— a written work diary and an electronic work diary; or more than 1 electronic work diary. The driver of a fatigue-regulated heavy vehicle works for A and B. The driver keeps a written work diary for work done for A and an electronic work diary for work done for B. On a particular day, the driver works from 1p.m. to 5p.m. for A and from 6p.m. to 11p.m. for B. The driver must record the information about the period between 1p.m. and 5p.m. in the written work diary kept for A, and the information for the period between 6p.m. and 11p.m. in the electronic work diary kept for B. The driver must not record information about the period between 1p.m. and 5p.m., or the period between 6p.m. to 11p.m., in both the written work diary and electronic work diary. Maximum penalty—$10000.\n- (a) a written work diary and an electronic work diary; or\n- (b) more than 1 electronic work diary.","sortOrder":539},{"sectionNumber":"sec.327","sectionType":"section","heading":"Possession of purported work records etc. prohibited","content":"### sec.327 Possession of purported work records etc. prohibited\n\nThe driver of a fatigue-regulated heavy vehicle or the record keeper for a driver of a fatigue-regulated heavy vehicle must not have in the driver’s or record keeper’s possession a thing purporting to be a work record if the driver or record keeper knows, or ought reasonably to know, that it is not a work record.\nMaximum penalty—$10000.\nSee section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.\nsch s 327 amd 2025 No. 26 s 83 (uncommenced amendment)","sortOrder":540},{"sectionNumber":"sec.328","sectionType":"section","heading":"False representation about work records prohibited","content":"### sec.328 False representation about work records prohibited\n\nA person must not falsely represent that a work record was made by the person.\nMaximum penalty—$10000.\nsch s 328 amd 2025 No. 26 s 84 (uncommenced amendment)","sortOrder":541},{"sectionNumber":"sch-inc-ch.6-pt.6.4-div.5","sectionType":"division","heading":"Interfering with work records","content":"## Interfering with work records","sortOrder":542},{"sectionNumber":"sec.329","sectionType":"section","heading":"Defacing or changing work records etc. prohibited","content":"### sec.329 Defacing or changing work records etc. prohibited\n\nA person must not deface or change a work record that the person knows, or ought reasonably to know, is correct.\nMaximum penalty—$10000.\nGiving a false or misleading document to an official is prohibited by section 702 .\nSee section 341 for the requirement that the record keeper for the driver of a fatigue-regulated heavy vehicle keep particular records in a way that ensures they are readable and reasonably capable of being understood and capable of being used as evidence.\nSee section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.\nsch s 329 amd 2025 No. 26 s 85 (uncommenced amendment)\n- 1 Giving a false or misleading document to an official is prohibited by section 702 .\n- 2 See section 341 for the requirement that the record keeper for the driver of a fatigue-regulated heavy vehicle keep particular records in a way that ensures they are readable and reasonably capable of being understood and capable of being used as evidence.\n- 3 See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.","sortOrder":543},{"sectionNumber":"sec.330","sectionType":"section","heading":"Making entries in someone else’s work records prohibited","content":"### sec.330 Making entries in someone else’s work records prohibited\n\nA person must not make an entry in someone else’s work record.\nMaximum penalty—$10000.\nSubsection (1) does not apply to—\na person who—\nmakes an entry in another person’s work diary under a work diary exemption (permit) applying to the other person; and\nis nominated by the other person to make the entry; or\nan authorised officer; or\na party to a two-up driving arrangement—\nsigning the written work diary of the other party to the arrangement; or\nmaking an entry in the other party’s electronic work diary indicating the party’s approval of the information recorded in the work diary.\nsch s 330 amd 2025 No. 26 s 86 (uncommenced amendment)\n(sec.330-ssec.1) A person must not make an entry in someone else’s work record. Maximum penalty—$10000.\n(sec.330-ssec.2) Subsection (1) does not apply to— a person who— makes an entry in another person’s work diary under a work diary exemption (permit) applying to the other person; and is nominated by the other person to make the entry; or an authorised officer; or a party to a two-up driving arrangement— signing the written work diary of the other party to the arrangement; or making an entry in the other party’s electronic work diary indicating the party’s approval of the information recorded in the work diary.\n- (a) a person who— (i) makes an entry in another person’s work diary under a work diary exemption (permit) applying to the other person; and (ii) is nominated by the other person to make the entry; or\n- (i) makes an entry in another person’s work diary under a work diary exemption (permit) applying to the other person; and\n- (ii) is nominated by the other person to make the entry; or\n- (b) an authorised officer; or\n- (c) a party to a two-up driving arrangement— (i) signing the written work diary of the other party to the arrangement; or (ii) making an entry in the other party’s electronic work diary indicating the party’s approval of the information recorded in the work diary.\n- (i) signing the written work diary of the other party to the arrangement; or\n- (ii) making an entry in the other party’s electronic work diary indicating the party’s approval of the information recorded in the work diary.\n- (i) makes an entry in another person’s work diary under a work diary exemption (permit) applying to the other person; and\n- (ii) is nominated by the other person to make the entry; or\n- (i) signing the written work diary of the other party to the arrangement; or\n- (ii) making an entry in the other party’s electronic work diary indicating the party’s approval of the information recorded in the work diary.","sortOrder":544},{"sectionNumber":"sec.331","sectionType":"section","heading":"Destruction of particular work records prohibited","content":"### sec.331 Destruction of particular work records prohibited\n\nIf a work record is required under (or by a condition under) this Part to be kept for a particular period by a person, the person or someone else must not destroy the record before the end of the period.\nMaximum penalty—$10000.\nSee section 341 for the period for which record keepers for drivers of fatigue-regulated heavy vehicles are required to keep particular work records.\nsch s 331 amd 2025 No. 26 s 87 (uncommenced amendment)","sortOrder":545},{"sectionNumber":"sec.332","sectionType":"section","heading":"Offence to remove pages from written work diary","content":"### sec.332 Offence to remove pages from written work diary\n\nA person must not remove a daily sheet, or the duplicates of a daily sheet, from a written work diary except as required or authorised by this Law or a corresponding fatigue law.\nMaximum penalty—$10000.\nsch s 332 amd 2025 No. 26 s 88 (uncommenced amendment)","sortOrder":546},{"sectionNumber":"sec.333","sectionType":"section","heading":"Application of S div 2","content":"### sec.333 Application of S div 2\n\nThis Subdivision applies to an approved electronic recording system constituting an electronic work diary or of which an electronic work diary is a part.","sortOrder":547},{"sectionNumber":"sec.334","sectionType":"section","heading":"Meaning of tamper","content":"### sec.334 Meaning of tamper\n\nTamper with an approved electronic recording system means—\nengage in conduct that—\nresults in the system, or a part of the system, malfunctioning; or\ncould result in the system, or a part of the system, malfunctioning; or\nalters any of the data recorded by the system or a part of the system; or\ncould alter any of the data recorded by the system or a part of the system; or\nresults in inaccurate information being recorded by the system or a part of the system; or\ncould result in inaccurate information being recorded by the system or a part of the system; or\nengage in conduct that alters or otherwise interferes with an electronic signal sent to or from the system, or a part of the system, if the alteration or interference has or could have an effect mentioned in paragraph (a) (i) , (iii) or (v) .\n- (a) engage in conduct that— (i) results in the system, or a part of the system, malfunctioning; or (ii) could result in the system, or a part of the system, malfunctioning; or (iii) alters any of the data recorded by the system or a part of the system; or (iv) could alter any of the data recorded by the system or a part of the system; or (v) results in inaccurate information being recorded by the system or a part of the system; or (vi) could result in inaccurate information being recorded by the system or a part of the system; or\n- (i) results in the system, or a part of the system, malfunctioning; or\n- (ii) could result in the system, or a part of the system, malfunctioning; or\n- (iii) alters any of the data recorded by the system or a part of the system; or\n- (iv) could alter any of the data recorded by the system or a part of the system; or\n- (v) results in inaccurate information being recorded by the system or a part of the system; or\n- (vi) could result in inaccurate information being recorded by the system or a part of the system; or\n- (b) engage in conduct that alters or otherwise interferes with an electronic signal sent to or from the system, or a part of the system, if the alteration or interference has or could have an effect mentioned in paragraph (a) (i) , (iii) or (v) .\n- (i) results in the system, or a part of the system, malfunctioning; or\n- (ii) could result in the system, or a part of the system, malfunctioning; or\n- (iii) alters any of the data recorded by the system or a part of the system; or\n- (iv) could alter any of the data recorded by the system or a part of the system; or\n- (v) results in inaccurate information being recorded by the system or a part of the system; or\n- (vi) could result in inaccurate information being recorded by the system or a part of the system; or","sortOrder":548},{"sectionNumber":"sec.335","sectionType":"section","heading":"Person must not tamper with approved electronic recording system","content":"### sec.335 Person must not tamper with approved electronic recording system\n\nA person must not tamper with an approved electronic recording system.\nMaximum penalty—$10000.\nSubsection (1) does not apply to—\nconduct associated with repairing an approved electronic recording system, or a part of an approved electronic recording system, that is malfunctioning or has malfunctioned; or\nconduct associated with maintaining an approved electronic recording system; or\nan authorised officer when exercising functions under this Law.\nIn a proceeding for an offence against subsection (1) involving a person engaging in conduct that alters or otherwise interferes with any electronic signal sent to or from an approved electronic recording system, or a part of an approved electronic recording system, it is a defence for the person to prove that the person was not aware, and could not reasonably be expected to have been aware, that the conduct would alter or otherwise interfere with the electronic signal.\nsch s 335 amd 2016 No. 65 s 62\namd 2025 No. 26 s 89 (uncommenced amendment)\n(sec.335-ssec.1) A person must not tamper with an approved electronic recording system. Maximum penalty—$10000.\n(sec.335-ssec.2) Subsection (1) does not apply to— conduct associated with repairing an approved electronic recording system, or a part of an approved electronic recording system, that is malfunctioning or has malfunctioned; or conduct associated with maintaining an approved electronic recording system; or an authorised officer when exercising functions under this Law.\n(sec.335-ssec.5) In a proceeding for an offence against subsection (1) involving a person engaging in conduct that alters or otherwise interferes with any electronic signal sent to or from an approved electronic recording system, or a part of an approved electronic recording system, it is a defence for the person to prove that the person was not aware, and could not reasonably be expected to have been aware, that the conduct would alter or otherwise interfere with the electronic signal.\n- (a) conduct associated with repairing an approved electronic recording system, or a part of an approved electronic recording system, that is malfunctioning or has malfunctioned; or\n- (b) conduct associated with maintaining an approved electronic recording system; or\n- (c) an authorised officer when exercising functions under this Law.","sortOrder":549},{"sectionNumber":"sec.336","sectionType":"section","heading":"Person using approved electronic recording system must not permit tampering with it","content":"### sec.336 Person using approved electronic recording system must not permit tampering with it\n\nA person who uses an approved electronic recording system must not permit another person to tamper with the system.\nMaximum penalty—$10000.\na driver of a heavy vehicle\na driver’s record keeper\nsch s 336 amd 2016 No. 65 s 63\namd 2025 No. 26 s 90 (uncommenced amendment)\n(sec.336-ssec.1) A person who uses an approved electronic recording system must not permit another person to tamper with the system. Maximum penalty—$10000. a driver of a heavy vehicle a driver’s record keeper\n- • a driver of a heavy vehicle\n- • a driver’s record keeper","sortOrder":550},{"sectionNumber":"sec.336A","sectionType":"section","heading":"Reporting tampering or suspected tampering with electronic work diary","content":"### sec.336A Reporting tampering or suspected tampering with electronic work diary\n\nIf the record keeper for the driver of a fatigue-regulated heavy vehicle knows, or has reasonable grounds to suspect, an electronic work diary has been tampered with, the record keeper must report the matter to the Regulator—\nwithin 2 business days; and\nin the approved form.\nMaximum penalty—$6000.\nIf the record keeper has engaged another person under a contract for services to comply with subsection (1) for the record keeper—\nthe record keeper remains liable for an offence against subsection (1) ; and\nthe other person is also liable for an offence against subsection (1) as if the other person were the record keeper mentioned in the subsection.\nsch s 336A ins 2015 No. 12 s 39\namd 2016 No. 65 s 64\n(sec.336A-ssec.1) If the record keeper for the driver of a fatigue-regulated heavy vehicle knows, or has reasonable grounds to suspect, an electronic work diary has been tampered with, the record keeper must report the matter to the Regulator— within 2 business days; and in the approved form. Maximum penalty—$6000.\n(sec.336A-ssec.2) If the record keeper has engaged another person under a contract for services to comply with subsection (1) for the record keeper— the record keeper remains liable for an offence against subsection (1) ; and the other person is also liable for an offence against subsection (1) as if the other person were the record keeper mentioned in the subsection.\n- (a) within 2 business days; and\n- (b) in the approved form.\n- (a) the record keeper remains liable for an offence against subsection (1) ; and\n- (b) the other person is also liable for an offence against subsection (1) as if the other person were the record keeper mentioned in the subsection.","sortOrder":551},{"sectionNumber":"sec.337","sectionType":"section","heading":"Intelligent access program reporting entity must not permit tampering with approved electronic recording system","content":"### sec.337 Intelligent access program reporting entity must not permit tampering with approved electronic recording system\n\nThis section applies if an approved electronic recording system is or is part of an approved intelligent transport system.\nAn intelligent access program reporting entity for the approved intelligent transport system must not permit another person to tamper with the approved electronic recording system.\nMaximum penalty—$10000.\nsch s 337 amd 2016 No. 65 ss 65, 139\n(sec.337-ssec.1) This section applies if an approved electronic recording system is or is part of an approved intelligent transport system.\n(sec.337-ssec.2) An intelligent access program reporting entity for the approved intelligent transport system must not permit another person to tamper with the approved electronic recording system. Maximum penalty—$10000.","sortOrder":552},{"sectionNumber":"sch-inc-ch.6-pt.6.4-div.6","sectionType":"division","heading":"Obtaining written work diary","content":"## Obtaining written work diary","sortOrder":553},{"sectionNumber":"sec.338","sectionType":"section","heading":"Form of written work diary","content":"### sec.338 Form of written work diary\n\nThis section states the requirements for written work diaries issued by the Regulator under this Division.\nA written work diary must contain—\na unique identifying number for the work diary; and\nsheets ( daily sheets ) that—\nprovide for recording information daily; and\nare sequentially numbered; and\n2 duplicates of each daily sheet; and\na duplicate of any application form contained in the work diary under subsection (3) ; and\ninstructions for use of the work diary.\nA written work diary may contain an application in the approved form for the issue of another work diary.\nEach daily sheet of a written work diary must be in a form that ensures that, if information is written on the daily sheet in the way stated in the instructions in the work diary or this Law, the information should be automatically copied on to the duplicates for the sheet.\nsch s 338 om 2025 No. 26 s 91 (uncommenced amendment)\n(sec.338-ssec.1) This section states the requirements for written work diaries issued by the Regulator under this Division.\n(sec.338-ssec.2) A written work diary must contain— a unique identifying number for the work diary; and sheets ( daily sheets ) that— provide for recording information daily; and are sequentially numbered; and 2 duplicates of each daily sheet; and a duplicate of any application form contained in the work diary under subsection (3) ; and instructions for use of the work diary.\n(sec.338-ssec.3) A written work diary may contain an application in the approved form for the issue of another work diary.\n(sec.338-ssec.4) Each daily sheet of a written work diary must be in a form that ensures that, if information is written on the daily sheet in the way stated in the instructions in the work diary or this Law, the information should be automatically copied on to the duplicates for the sheet.\n- (a) a unique identifying number for the work diary; and\n- (b) sheets ( daily sheets ) that— (i) provide for recording information daily; and (ii) are sequentially numbered; and\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 under subsection (3) ; and\n- (e) instructions for use of the work diary.\n- (i) provide for recording information daily; and\n- (ii) are sequentially numbered; and","sortOrder":554},{"sectionNumber":"sec.339","sectionType":"section","heading":"Application for written work diary","content":"### sec.339 Application for written work diary\n\nThe driver of a fatigue-regulated heavy vehicle may apply to the Regulator for a written work diary.\nThe application must be—\nin the approved form; and\naccompanied by the prescribed fee for the application.\nIf the application is for a written work diary to replace a written work diary previously issued to the driver (the existing written work diary ), the driver must give the existing written work diary to the Regulator with the application, unless the existing written work diary has been destroyed, lost or stolen.\nIf the driver gives the existing written work diary to the Regulator, the Regulator must—\ncancel any unused daily sheets in the written work diary; and\nreturn the written work diary to the driver when the Regulator issues the replacement written work diary to the driver.\nIf the application is for a written work diary to replace a written work diary that has been destroyed, lost or stolen, the application must—\nstate the previous work diary’s number and that it has been destroyed, lost or stolen; and\nbriefly outline the circumstances of the destruction, loss or theft.\nsch s 339 om 2025 No. 26 s 91 (uncommenced amendment)\n(sec.339-ssec.1) The driver of a fatigue-regulated heavy vehicle may apply to the Regulator for a written work diary.\n(sec.339-ssec.2) The application must be— in the approved form; and accompanied by the prescribed fee for the application.\n(sec.339-ssec.3) If the application is for a written work diary to replace a written work diary previously issued to the driver (the existing written work diary ), the driver must give the existing written work diary to the Regulator with the application, unless the existing written work diary has been destroyed, lost or stolen.\n(sec.339-ssec.4) If the driver gives the existing written work diary to the Regulator, the Regulator must— cancel any unused daily sheets in the written work diary; and return the written work diary to the driver when the Regulator issues the replacement written work diary to the driver.\n(sec.339-ssec.5) If the application is for a written work diary to replace a written work diary that has been destroyed, lost or stolen, the application must— state the previous work diary’s number and that it has been destroyed, lost or stolen; and briefly outline the circumstances of the destruction, loss or theft.\n- (a) in the approved form; and\n- (b) accompanied by the prescribed fee for the application.\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 issues the replacement written work diary to the driver.\n- (a) state the previous work diary’s number and that it has been destroyed, lost or stolen; and\n- (b) briefly outline the circumstances of the destruction, loss or theft.","sortOrder":555},{"sectionNumber":"sec.340","sectionType":"section","heading":"Issue of written work diary","content":"### sec.340 Issue of written work diary\n\nThe Regulator must issue a written work diary to the driver of a fatigue-regulated heavy vehicle if the driver—\napplies for the work diary under section 339 ; and\nidentifies himself or herself by showing his or her current driver licence to the Regulator; and\npays the prescribed fee for the issue of the work diary.\nIf the Regulator issues a written work diary to the driver of a fatigue-regulated heavy vehicle, the Regulator must note the date, time and place of issue on the written work diary.\nThe Regulator may make other notes on the written work diary the Regulator considers appropriate.\nsch s 340 om 2025 No. 26 s 91 (uncommenced amendment)\n(sec.340-ssec.1) The Regulator must issue a written work diary to the driver of a fatigue-regulated heavy vehicle if the driver— applies for the work diary under section 339 ; and identifies himself or herself by showing his or her current driver licence to the Regulator; and pays the prescribed fee for the issue of the work diary.\n(sec.340-ssec.2) If the Regulator issues a written work diary to the driver of a fatigue-regulated heavy vehicle, the Regulator must note the date, time and place of issue on the written work diary.\n(sec.340-ssec.3) The Regulator may make other notes on the written work diary the Regulator considers appropriate.\n- (a) applies for the work diary under section 339 ; and\n- (b) identifies himself or herself by showing his or her current driver licence to the Regulator; and\n- (c) pays the prescribed fee for the issue of the work diary.","sortOrder":556},{"sectionNumber":"sch-inc-ch.6-pt.6.4-div.6A","sectionType":"division","heading":"Requirements about records record keeper must make or keep","content":"## Requirements about records record keeper must make or keep","sortOrder":557},{"sectionNumber":"sec.341","sectionType":"section","heading":"Period for which, and way in which, records must be kept","content":"### sec.341 Period for which, and way in which, records must be kept\n\nThe record keeper of the driver of a fatigue-regulated heavy vehicle must, unless the record keeper has a reasonable excuse, keep a record required to be made or kept under Division 3 , or a copy of the record, for 3 years after—\nfor a record made by the record keeper—the day the record keeper makes the record; or\nfor another record—the day the record keeper receives the record.\nMaximum penalty—$6000.\nThe record keeper of the driver of a fatigue-regulated heavy vehicle must, unless the record keeper has a reasonable excuse, keep a record required to be made or kept under (or by a condition under) Division 8 or 8A , or a copy of the record, for a period of 3 years, or, if a condition of an exemption states a record must be kept for a period of less than 3 years, the period stated in the condition, after—\nfor a record made by the record keeper—the day the record keeper makes the record; or\nfor another record—the day the record keeper receives the record.\nMaximum penalty—$6000.\nExcept where the driver is his or her own record keeper, the record keeper must, unless the record keeper has a reasonable excuse, keep the record or copy at the driver’s record location in a way that ensures it is readily available to an authorised officer at the record location.\nMaximum penalty—$3000.\nIf the driver is his or her own record keeper, the driver as record keeper must, unless the driver as record keeper has a reasonable excuse, ensure the record or copy of the record is kept at the driver’s record location in a way that ensures it is readily available to an authorised officer at the record location by the end of the 21-day period after the day the record is made.\nMaximum penalty—$3000.\nThe record keeper must, unless the record keeper has a reasonable excuse, keep the record or copy in a way that ensures it is—\nreadable and reasonably capable of being understood; and\ncapable of being used as evidence.\nTo ensure a record kept in a storage facility does not become unreadable, for example, by degrading, the record keeper could scan the hard copy of the record and keep it in an electronic format that is readable.\nMaximum penalty—$6000.\nA reference in subsection (1) to keeping a record of information required to be made or kept under Division 3 includes a reference to maintaining a record of the information that is in an electronic work diary, if that record is taken to have satisfied the requirement under Division 3 .\nIf the driver’s work diary is an electronic work diary, the driver’s record keeper must, unless the record keeper has a reasonable excuse, maintain a record of the information that is recorded in the work diary in a way complying with—\nif the Regulator has, when approving the electronic recording system constituting the work diary, or of which the work diary is a part, imposed any conditions in relation to the way information must be recorded in the work diary—those conditions; and\nthe manufacturer’s instructions, if any, for recording information in the electronic work diary, to the extent the instructions are consistent with the conditions mentioned in paragraph (a) .\nMaximum penalty—$1500.\nThe Regulator may impose conditions on the use of an electronic recording system under section 343 .\nIf the record keeper has engaged another person under a contract for services to comply with subsection (1) , (2) , (3) , (5) or (7) for the record keeper—\nthe record keeper remains liable for an offence against the subsection; and\nthe other person is also liable for an offence against the subsection as if the other person were the record keeper mentioned in the subsection.\nsch s 341 amd 2015 No. 12 s 40 ; 2016 No. 65 s 66\namd 2025 No. 26 s 92 (uncommenced amendment)\n(sec.341-ssec.1) The record keeper of the driver of a fatigue-regulated heavy vehicle must, unless the record keeper has a reasonable excuse, keep a record required to be made or kept under Division 3 , or a copy of the record, for 3 years after— for a record made by the record keeper—the day the record keeper makes the record; or for another record—the day the record keeper receives the record. Maximum penalty—$6000.\n(sec.341-ssec.2) The record keeper of the driver of a fatigue-regulated heavy vehicle must, unless the record keeper has a reasonable excuse, keep a record required to be made or kept under (or by a condition under) Division 8 or 8A , or a copy of the record, for a period of 3 years, or, if a condition of an exemption states a record must be kept for a period of less than 3 years, the period stated in the condition, after— for a record made by the record keeper—the day the record keeper makes the record; or for another record—the day the record keeper receives the record. Maximum penalty—$6000.\n(sec.341-ssec.3) Except where the driver is his or her own record keeper, the record keeper must, unless the record keeper has a reasonable excuse, keep the record or copy at the driver’s record location in a way that ensures it is readily available to an authorised officer at the record location. Maximum penalty—$3000.\n(sec.341-ssec.4) If the driver is his or her own record keeper, the driver as record keeper must, unless the driver as record keeper has a reasonable excuse, ensure the record or copy of the record is kept at the driver’s record location in a way that ensures it is readily available to an authorised officer at the record location by the end of the 21-day period after the day the record is made. Maximum penalty—$3000.\n(sec.341-ssec.5) The record keeper must, unless the record keeper has a reasonable excuse, keep the record or copy in a way that ensures it is— readable and reasonably capable of being understood; and capable of being used as evidence. To ensure a record kept in a storage facility does not become unreadable, for example, by degrading, the record keeper could scan the hard copy of the record and keep it in an electronic format that is readable. Maximum penalty—$6000.\n(sec.341-ssec.6) A reference in subsection (1) to keeping a record of information required to be made or kept under Division 3 includes a reference to maintaining a record of the information that is in an electronic work diary, if that record is taken to have satisfied the requirement under Division 3 .\n(sec.341-ssec.7) If the driver’s work diary is an electronic work diary, the driver’s record keeper must, unless the record keeper has a reasonable excuse, maintain a record of the information that is recorded in the work diary in a way complying with— if the Regulator has, when approving the electronic recording system constituting the work diary, or of which the work diary is a part, imposed any conditions in relation to the way information must be recorded in the work diary—those conditions; and the manufacturer’s instructions, if any, for recording information in the electronic work diary, to the extent the instructions are consistent with the conditions mentioned in paragraph (a) . Maximum penalty—$1500. The Regulator may impose conditions on the use of an electronic recording system under section 343 .\n(sec.341-ssec.8) If the record keeper has engaged another person under a contract for services to comply with subsection (1) , (2) , (3) , (5) or (7) for the record keeper— the record keeper remains liable for an offence against the subsection; and the other person is also liable for an offence against the subsection as if the other person were the record keeper mentioned in the subsection.\n- (a) for a record made by the record keeper—the day the record keeper makes the record; or\n- (b) for another record—the day the record keeper receives the record.\n- (a) for a record made by the record keeper—the day the record keeper makes the record; or\n- (b) for another record—the day the record keeper receives the record.\n- (a) readable and reasonably capable of being understood; and\n- (b) capable of being used as evidence.\n- (a) if the Regulator has, when approving the electronic recording system constituting the work diary, or of which the work diary is a part, imposed any conditions in relation to the way information must be recorded in the work diary—those conditions; and\n- (b) the manufacturer’s instructions, if any, for recording information in the electronic work diary, to the extent the instructions are consistent with the conditions mentioned in paragraph (a) .\n- (a) the record keeper remains liable for an offence against the subsection; and\n- (b) the other person is also liable for an offence against the subsection as if the other person were the record keeper mentioned in the subsection.","sortOrder":558},{"sectionNumber":"sch-inc-ch.6-pt.6.4-div.7","sectionType":"division","heading":"Approval of electronic recording systems","content":"## Approval of electronic recording systems","sortOrder":559},{"sectionNumber":"sec.342","sectionType":"section","heading":"Application for approval of electronic recording system","content":"### sec.342 Application for approval of electronic recording system\n\nA person may apply to the Regulator for the approval of an electronic recording system.\nmanufacturers of electronic recording systems\noperators of fatigue-regulated heavy vehicles\ndrivers of fatigue-regulated heavy vehicles\nThe application must be—\nin the approved form; and\naccompanied by the prescribed fee for the application.\n(sec.342-ssec.1) A person may apply to the Regulator for the approval of an electronic recording system. manufacturers of electronic recording systems operators of fatigue-regulated heavy vehicles drivers of fatigue-regulated heavy vehicles\n(sec.342-ssec.2) The application must be— in the approved form; and accompanied by the prescribed fee for the application.\n- • manufacturers of electronic recording systems\n- • operators of fatigue-regulated heavy vehicles\n- • drivers of fatigue-regulated heavy vehicles\n- (a) in the approved form; and\n- (b) accompanied by the prescribed fee for the application.","sortOrder":560},{"sectionNumber":"sec.343","sectionType":"section","heading":"Deciding application for approval","content":"### sec.343 Deciding application for approval\n\nThe Regulator must, as soon as practicable after receiving an application for an electronic recording system approval—\ngrant the approval, with or without conditions about the use or maintenance of the electronic recording system to which the approval relates; or\nrefuse the application.\nThe Regulator may approve an electronic recording system only if the Regulator is satisfied the system—\nis suitable or has a part that is suitable for fitting to, or for use in, a fatigue-regulated heavy vehicle; and\nhas a mechanism that readily indicates to the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, that the system is or is not properly functioning; and\nis capable of—\naccurately monitoring and recording the work times and rest times of the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used; and\naccurately recording any other information the driver is required by this Law to record in a work diary; and\nif the system or a part of it is to be fitted to a fatigue-regulated heavy vehicle and is to be used by more than 1 driver of the vehicle, is capable of ensuring the following—\nall of the information mentioned in paragraph (c) can be accurately monitored or recorded for each of the drivers;\nthe details recorded by, or in relation to, 1 of the drivers are readily distinguishable from the details recorded by, or in relation to, the other drivers;\nthe name of the driver in relation to whom details are recorded is shown whenever the details are accessed;\n1 of the drivers can not record any information, that the driver is required by this Law to record in a work diary, in the system for any of the other drivers; and\nhas a mechanism to ensure the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, can not alter any information the driver records in the system once the driver has had an opportunity to confirm the accuracy of the information; and\nis capable of enabling the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, to send information to the driver’s record keeper; and\nhas a mechanism that, at least once each day, readily indicates to the driver whether information has or has not been sent to the record keeper; and\nis capable of readily reproducing, on being accessed by the record keeper for the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, the information that the system contains; and\nis capable of readily reproducing, on being accessed by an authorised officer while the vehicle to which it or a part of it is fitted, or in which it or a part of it is used, is on a road, the information the system contains in a form that—\nis readily accessible by the officer; and\nis reasonably capable of being understood by the officer; and\ncan be used as evidence.\nIn deciding whether or not to grant the approval, the Regulator must have regard to the approved guidelines for granting electronic recording system approvals.\nAn approved electronic recording system may be, or be a part of, an approved intelligent transport system.\nsch s 343 amd 2015 No. 12 s 41\n(sec.343-ssec.1) The Regulator must, as soon as practicable after receiving an application for an electronic recording system approval— grant the approval, with or without conditions about the use or maintenance of the electronic recording system to which the approval relates; or refuse the application.\n(sec.343-ssec.2) The Regulator may approve an electronic recording system only if the Regulator is satisfied the system— is suitable or has a part that is suitable for fitting to, or for use in, a fatigue-regulated heavy vehicle; and has a mechanism that readily indicates to the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, that the system is or is not properly functioning; and is capable of— accurately monitoring and recording the work times and rest times of the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used; and accurately recording any other information the driver is required by this Law to record in a work diary; and if the system or a part of it is to be fitted to a fatigue-regulated heavy vehicle and is to be used by more than 1 driver of the vehicle, is capable of ensuring the following— all of the information mentioned in paragraph (c) can be accurately monitored or recorded for each of the drivers; the details recorded by, or in relation to, 1 of the drivers are readily distinguishable from the details recorded by, or in relation to, the other drivers; the name of the driver in relation to whom details are recorded is shown whenever the details are accessed; 1 of the drivers can not record any information, that the driver is required by this Law to record in a work diary, in the system for any of the other drivers; and has a mechanism to ensure the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, can not alter any information the driver records in the system once the driver has had an opportunity to confirm the accuracy of the information; and is capable of enabling the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, to send information to the driver’s record keeper; and has a mechanism that, at least once each day, readily indicates to the driver whether information has or has not been sent to the record keeper; and is capable of readily reproducing, on being accessed by the record keeper for the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, the information that the system contains; and is capable of readily reproducing, on being accessed by an authorised officer while the vehicle to which it or a part of it is fitted, or in which it or a part of it is used, is on a road, the information the system contains in a form that— is readily accessible by the officer; and is reasonably capable of being understood by the officer; and can be used as evidence.\n(sec.343-ssec.3) In deciding whether or not to grant the approval, the Regulator must have regard to the approved guidelines for granting electronic recording system approvals.\n(sec.343-ssec.4) An approved electronic recording system may be, or be a part of, an approved intelligent transport system.\n- (a) grant the approval, with or without conditions about the use or maintenance of the electronic recording system to which the approval relates; or\n- (b) refuse the application.\n- (a) is suitable or has a part that is suitable for fitting to, or for use in, a fatigue-regulated heavy vehicle; and\n- (b) has a mechanism that readily indicates to the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, that the system is or is not properly functioning; and\n- (c) is capable of— (i) accurately monitoring and recording the work times and rest times of the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used; and (ii) accurately recording any other information the driver is required by this Law to record in a work diary; and\n- (i) accurately monitoring and recording the work times and rest times of the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used; and\n- (ii) accurately recording any other information the driver is required by this Law to record in a work diary; and\n- (d) if the system or a part of it is to be fitted to a fatigue-regulated heavy vehicle and is to be used by more than 1 driver of the vehicle, is capable of ensuring the following— (i) all of the information mentioned in paragraph (c) can be accurately monitored or recorded for each of the drivers; (ii) the details recorded by, or in relation to, 1 of the drivers are readily distinguishable from the details recorded by, or in relation to, the other drivers; (iii) the name of the driver in relation to whom details are recorded is shown whenever the details are accessed; (iv) 1 of the drivers can not record any information, that the driver is required by this Law to record in a work diary, in the system for any of the other drivers; and\n- (i) all of the information mentioned in paragraph (c) can be accurately monitored or recorded for each of the drivers;\n- (ii) the details recorded by, or in relation to, 1 of the drivers are readily distinguishable from the details recorded by, or in relation to, the other drivers;\n- (iii) the name of the driver in relation to whom details are recorded is shown whenever the details are accessed;\n- (iv) 1 of the drivers can not record any information, that the driver is required by this Law to record in a work diary, in the system for any of the other drivers; and\n- (e) has a mechanism to ensure the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, can not alter any information the driver records in the system once the driver has had an opportunity to confirm the accuracy of the information; and\n- (f) is capable of enabling the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, to send information to the driver’s record keeper; and\n- (g) has a mechanism that, at least once each day, readily indicates to the driver whether information has or has not been sent to the record keeper; and\n- (h) is capable of readily reproducing, on being accessed by the record keeper for the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, the information that the system contains; and\n- (i) is capable of readily reproducing, on being accessed by an authorised officer while the vehicle to which it or a part of it is fitted, or in which it or a part of it is used, is on a road, the information the system contains in a form that— (i) is readily accessible by the officer; and (ii) is reasonably capable of being understood by the officer; and (iii) can be used as evidence.\n- (i) is readily accessible by the officer; and\n- (ii) is reasonably capable of being understood by the officer; and\n- (iii) can be used as evidence.\n- (i) accurately monitoring and recording the work times and rest times of the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used; and\n- (ii) accurately recording any other information the driver is required by this Law to record in a work diary; and\n- (i) all of the information mentioned in paragraph (c) can be accurately monitored or recorded for each of the drivers;\n- (ii) the details recorded by, or in relation to, 1 of the drivers are readily distinguishable from the details recorded by, or in relation to, the other drivers;\n- (iii) the name of the driver in relation to whom details are recorded is shown whenever the details are accessed;\n- (iv) 1 of the drivers can not record any information, that the driver is required by this Law to record in a work diary, in the system for any of the other drivers; and\n- (i) is readily accessible by the officer; and\n- (ii) is reasonably capable of being understood by the officer; and\n- (iii) can be used as evidence.","sortOrder":561},{"sectionNumber":"sec.344","sectionType":"section","heading":"Steps after decision to grant approval","content":"### sec.344 Steps after decision to grant approval\n\nIf the Regulator grants an approval under section 343 , the Regulator must give the applicant a numbered certificate of approval.\nIf the Regulator imposes conditions on the approval, the certificate of approval given to the applicant must state the conditions.\nIf the Regulator imposes conditions on the approval not sought by the applicant, the Regulator must give the applicant an information notice for the decision to impose the conditions.\nsch s 344 amd 2015 No. 12 s 42\n(sec.344-ssec.1) If the Regulator grants an approval under section 343 , the Regulator must give the applicant a numbered certificate of approval.\n(sec.344-ssec.2) If the Regulator imposes conditions on the approval, the certificate of approval given to the applicant must state the conditions.\n(sec.344-ssec.3) If the Regulator imposes conditions on the approval not sought by the applicant, the Regulator must give the applicant an information notice for the decision to impose the conditions.","sortOrder":562},{"sectionNumber":"sec.345","sectionType":"section","heading":"Steps after decision to refuse application","content":"### sec.345 Steps after decision to refuse application\n\nIf the Regulator decides not to grant an application for an electronic recording system approval, the Regulator must give the applicant an information notice for the decision.","sortOrder":563},{"sectionNumber":"sec.346","sectionType":"section","heading":"Effect of approval","content":"### sec.346 Effect of approval\n\nAn electronic recording system approval granted under this Subdivision applies to any system identical to the system given to the Regulator for approval.\nThe conditions imposed on the approval under section 343 , or Subdivision 3 , apply to each identical system to which the approval applies.\n(sec.346-ssec.1) An electronic recording system approval granted under this Subdivision applies to any system identical to the system given to the Regulator for approval.\n(sec.346-ssec.2) The conditions imposed on the approval under section 343 , or Subdivision 3 , apply to each identical system to which the approval applies.","sortOrder":564},{"sectionNumber":"sec.347","sectionType":"section","heading":"Prohibition on using electronic work diary if it is not, and is not a part of, an approved electronic recording system","content":"### sec.347 Prohibition on using electronic work diary if it is not, and is not a part of, an approved electronic recording system\n\nA person must not use as an electronic work diary for the purposes of this Law an electronic recording system constituting an electronic work diary, or of which an electronic work diary is a part, if the person knows, or ought reasonably to know, the electronic recording system is not an approved electronic recording system.\nMaximum penalty—$10000.\nSee section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.\nsch s 347 sub 2015 No. 12 s 43","sortOrder":565},{"sectionNumber":"sec.348","sectionType":"section","heading":null,"content":"### Section sec.348\n\nsch s 348 om 2015 No. 12 s 43","sortOrder":566},{"sectionNumber":"sec.349","sectionType":"section","heading":null,"content":"### Section sec.349\n\nsch s 349 om 2015 No. 12 s 43","sortOrder":567},{"sectionNumber":"sec.350","sectionType":"section","heading":null,"content":"### Section sec.350\n\nsch s 350 om 2015 No. 12 s 43","sortOrder":568},{"sectionNumber":"sec.351","sectionType":"section","heading":"Amendment or cancellation of approval on application","content":"### sec.351 Amendment or cancellation of approval on application\n\nThe holder of an electronic recording system approval may apply to the Regulator for an amendment or cancellation of the approval.\nThe application must—\nbe in writing; and\nbe accompanied by the prescribed fee for the application; and\nif the application is for an amendment of the approval, state clearly the amendment sought and outline the reasons for the application; and\nbe accompanied by the certificate of approval for the approval.\nThe Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\nThe Regulator must decide the application as soon as practicable after receiving it.\nIf the Regulator decides to grant the application—\nthe Regulator must give the applicant notice of the decision; and\nthe amendment or cancellation takes effect—\nwhen notice of the decision is given to the applicant; or\nif a later time is stated in the notice, at the later time; and\nif the Regulator amended the approval, the Regulator must give the applicant a replacement certificate of approval for the approval as amended.\nIf the Regulator decides not to amend or cancel the approval as sought by the applicant, the Regulator must—\ngive the applicant an information notice for the decision; and\nreturn the certificate of approval for the approval to the applicant.\nIn this section—\ncertificate of approval , for an electronic recording system approval, means the certificate of approval issued by the Regulator under section 344 for the approval.\nsch s 351 amd 2025 No. 26 s 93 (uncommenced amendment)\n(sec.351-ssec.1) The holder of an electronic recording system approval may apply to the Regulator for an amendment or cancellation of the approval.\n(sec.351-ssec.2) The application must— be in writing; and be accompanied by the prescribed fee for the application; and if the application is for an amendment of the approval, state clearly the amendment sought and outline the reasons for the application; and be accompanied by the certificate of approval for the approval.\n(sec.351-ssec.3) The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\n(sec.351-ssec.4) The Regulator must decide the application as soon as practicable after receiving it.\n(sec.351-ssec.5) If the Regulator decides to grant the application— the Regulator must give the applicant notice of the decision; and the amendment or cancellation takes effect— when notice of the decision is given to the applicant; or if a later time is stated in the notice, at the later time; and if the Regulator amended the approval, the Regulator must give the applicant a replacement certificate of approval for the approval as amended.\n(sec.351-ssec.6) If the Regulator decides not to amend or cancel the approval as sought by the applicant, the Regulator must— give the applicant an information notice for the decision; and return the certificate of approval for the approval to the applicant.\n(sec.351-ssec.7) In this section— certificate of approval , for an electronic recording system approval, means the certificate of approval issued by the Regulator under section 344 for the approval.\n- (a) be in writing; and\n- (b) be accompanied by the prescribed fee for the application; and\n- (c) if the application is for an amendment of the approval, state clearly the amendment sought and outline the reasons for the application; and\n- (d) be accompanied by the certificate of approval for the approval.\n- (a) the Regulator must give the applicant notice of the decision; and\n- (b) the amendment or cancellation takes effect— (i) when notice of the decision is given to the applicant; or (ii) if a later time is stated in the notice, at the later time; and\n- (i) when notice of the decision is given to the applicant; or\n- (ii) if a later time is stated in the notice, at the later time; and\n- (c) if the Regulator amended the approval, the Regulator must give the applicant a replacement certificate of approval for the approval as amended.\n- (i) when notice of the decision is given to the applicant; or\n- (ii) if a later time is stated in the notice, at the later time; and\n- (a) give the applicant an information notice for the decision; and\n- (b) return the certificate of approval for the approval to the applicant.","sortOrder":569},{"sectionNumber":"sec.352","sectionType":"section","heading":"Amendment or cancellation of approval on Regulator’s initiative","content":"### sec.352 Amendment or cancellation of approval on Regulator’s initiative\n\nEach of the following is a ground for amending or cancelling an electronic recording system approval—\nthe approval was granted because of a document or representation that was—\nfalse or misleading; or\nobtained or made in an improper way;\nsince the approval was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the approval and, had the changed circumstances existed when the approval was granted, the Regulator would not have granted the approval, or would have granted the approval subject to conditions or different conditions.\nIf the Regulator considers a ground exists to amend or cancel an electronic recording system approval (the proposed action ), the Regulator must give the holder of the approval a notice—\nstating the proposed action; and\nstating the ground for the proposed action; and\noutlining the facts and circumstances forming the basis for the ground; and\nif the proposed action is to amend the approval (including a condition of the approval)—stating the proposed amendment; and\ninviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.\nIf, after considering all written representations made under subsection (2) (e) , the Regulator still considers a ground exists to take the proposed action, the Regulator may—\nif the proposed action was to amend the approval—amend the approval, including, for example, by imposing additional conditions on the approval, in a way that is not substantially different from the proposed action; or\nif the proposed action was to cancel the approval—\namend the approval, including, for example, by imposing additional conditions on the approval; or\ncancel the approval.\nThe Regulator must give the holder an information notice for the decision.\nThe amendment or cancellation takes effect—\nwhen the information notice is given to the holder; or\nif a later time is stated in the information notice, at the later time.\n(sec.352-ssec.1) Each of the following is a ground for amending or cancelling an electronic recording system approval— the approval was granted because of a document or representation that was— false or misleading; or obtained or made in an improper way; since the approval was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the approval and, had the changed circumstances existed when the approval was granted, the Regulator would not have granted the approval, or would have granted the approval subject to conditions or different conditions.\n(sec.352-ssec.2) If the Regulator considers a ground exists to amend or cancel an electronic recording system approval (the proposed action ), the Regulator must give the holder of the approval a notice— stating the proposed action; and stating the ground for the proposed action; and outlining the facts and circumstances forming the basis for the ground; and if the proposed action is to amend the approval (including a condition of the approval)—stating the proposed amendment; and inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.\n(sec.352-ssec.3) If, after considering all written representations made under subsection (2) (e) , the Regulator still considers a ground exists to take the proposed action, the Regulator may— if the proposed action was to amend the approval—amend the approval, including, for example, by imposing additional conditions on the approval, in a way that is not substantially different from the proposed action; or if the proposed action was to cancel the approval— amend the approval, including, for example, by imposing additional conditions on the approval; or cancel the approval.\n(sec.352-ssec.4) The Regulator must give the holder an information notice for the decision.\n(sec.352-ssec.5) The amendment or cancellation takes effect— when the information notice is given to the holder; or if a later time is stated in the information notice, at the later time.\n- (a) the approval was granted because of a document or representation that was— (i) false or misleading; or (ii) obtained or made in an improper way;\n- (i) false or misleading; or\n- (ii) obtained or made in an improper way;\n- (b) since the approval was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the approval and, had the changed circumstances existed when the approval was granted, the Regulator would not have granted the approval, or would have granted the approval subject to conditions or different conditions.\n- (i) false or misleading; or\n- (ii) obtained or made in an improper way;\n- (a) stating the proposed action; and\n- (b) stating the ground for the proposed action; and\n- (c) outlining the facts and circumstances forming the basis for the ground; and\n- (d) if the proposed action is to amend the approval (including a condition of the approval)—stating the proposed amendment; and\n- (e) inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.\n- (a) if the proposed action was to amend the approval—amend the approval, including, for example, by imposing additional conditions on the approval, in a way that is not substantially different from the proposed action; or\n- (b) if the proposed action was to cancel the approval— (i) amend the approval, including, for example, by imposing additional conditions on the approval; or (ii) cancel the approval.\n- (i) amend the approval, including, for example, by imposing additional conditions on the approval; or\n- (ii) cancel the approval.\n- (i) amend the approval, including, for example, by imposing additional conditions on the approval; or\n- (ii) cancel the approval.\n- (a) when the information notice is given to the holder; or\n- (b) if a later time is stated in the information notice, at the later time.","sortOrder":570},{"sectionNumber":"sec.353","sectionType":"section","heading":"Minor amendment of approval","content":"### sec.353 Minor amendment of approval\n\nThe Regulator may, by notice given to the holder of an electronic recording system approval, amend the approval in a minor respect—\nfor a formal or clerical reason; or\nin another way that does not adversely affect the holder’s interests.\n- (a) for a formal or clerical reason; or\n- (b) in another way that does not adversely affect the holder’s interests.","sortOrder":571},{"sectionNumber":"sec.354","sectionType":"section","heading":"Requirements if approval amended","content":"### sec.354 Requirements if approval amended\n\nThis section applies if, under this Subdivision—\nthe Regulator amends an electronic recording system approval to change the conditions about the use or maintenance of the electronic recording system the subject of the approval; and\nin the Regulator’s opinion, the amendment will, or is likely to, significantly affect the way the electronic recording system the subject of the approval is to be used.\nThe Regulator may, by notice, direct the holder of the approval to give each person to whom the holder has supplied an electronic recording system the subject of the approval, or a device forming part of the system, a notice stating the amended conditions of the approval.\nIf the Regulator gives the holder of the approval a direction under subsection (2) , the holder must comply with the direction.\nMaximum penalty—$6000.\nWith the Regulator’s written consent, a person may comply with subsection (3) by publishing the amended conditions, and any further details stated by the Regulator, using at least 2 of the following methods—\nby notice published in a newspaper stated by the Regulator;\nby notice published in a journal or newsletter stated by the Regulator;\non a website stated by the Regulator.\nIf, under subsection (3) , the holder of the approval gives a person a notice stating the amended conditions of the approval, the person must give a copy of the notice to each other person to whom the person has supplied an electronic recording system the subject of the approval, or a device forming part of the system.\nThe holder of an approval is a manufacturer and the manufacturer has supplied an electronic recording system the subject of the approval to an operator of a fatigue-regulated heavy vehicle who has supplied the system to the vehicle’s driver. If, under subsection (3) , the manufacturer gives the operator a notice stating the amended conditions of the approval, the operator must, under subsection (5) , give the driver a copy of the notice.\nMaximum penalty—$6000.\nNothing in this section prevents the Regulator from publishing details of the amendment by whatever means the Regulator thinks appropriate.\nThe Regulator may publish the amended conditions in the Commonwealth Gazette or on a website.\nIn this section—\namended conditions , of an electronic recording system approval that has been amended under this Division, means the conditions of the approval as they apply after the amendment.\n(sec.354-ssec.1) This section applies if, under this Subdivision— the Regulator amends an electronic recording system approval to change the conditions about the use or maintenance of the electronic recording system the subject of the approval; and in the Regulator’s opinion, the amendment will, or is likely to, significantly affect the way the electronic recording system the subject of the approval is to be used.\n(sec.354-ssec.2) The Regulator may, by notice, direct the holder of the approval to give each person to whom the holder has supplied an electronic recording system the subject of the approval, or a device forming part of the system, a notice stating the amended conditions of the approval.\n(sec.354-ssec.3) If the Regulator gives the holder of the approval a direction under subsection (2) , the holder must comply with the direction. Maximum penalty—$6000.\n(sec.354-ssec.4) With the Regulator’s written consent, a person may comply with subsection (3) by publishing the amended conditions, and any further details stated by the Regulator, using at least 2 of the following methods— by notice published in a newspaper stated by the Regulator; by notice published in a journal or newsletter stated by the Regulator; on a website stated by the Regulator.\n(sec.354-ssec.5) If, under subsection (3) , the holder of the approval gives a person a notice stating the amended conditions of the approval, the person must give a copy of the notice to each other person to whom the person has supplied an electronic recording system the subject of the approval, or a device forming part of the system. The holder of an approval is a manufacturer and the manufacturer has supplied an electronic recording system the subject of the approval to an operator of a fatigue-regulated heavy vehicle who has supplied the system to the vehicle’s driver. If, under subsection (3) , the manufacturer gives the operator a notice stating the amended conditions of the approval, the operator must, under subsection (5) , give the driver a copy of the notice. Maximum penalty—$6000.\n(sec.354-ssec.6) Nothing in this section prevents the Regulator from publishing details of the amendment by whatever means the Regulator thinks appropriate. The Regulator may publish the amended conditions in the Commonwealth Gazette or on a website.\n(sec.354-ssec.7) In this section— amended conditions , of an electronic recording system approval that has been amended under this Division, means the conditions of the approval as they apply after the amendment.\n- (a) the Regulator amends an electronic recording system approval to change the conditions about the use or maintenance of the electronic recording system the subject of the approval; and\n- (b) in the Regulator’s opinion, the amendment will, or is likely to, significantly affect the way the electronic recording system the subject of the approval is to be used.\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 Regulator;\n- (c) on a website stated by the Regulator.","sortOrder":572},{"sectionNumber":"sec.355","sectionType":"section","heading":"Requirements if approval cancelled","content":"### sec.355 Requirements if approval cancelled\n\nThis section applies if, under this Subdivision, the Regulator notifies the holder of an electronic recording system approval that the approval has been cancelled.\nIf the electronic recording system constitutes an electronic work diary, or if part of the electronic recording system is an electronic work diary, the holder of the approval must, within the period stated by the Regulator in the notification, remove any electronic message on the system’s visual display stating the system is or includes an electronic work diary.\nMaximum penalty—$6000.\nThe Regulator may, by notice, direct the holder of the approval to give each person to whom the holder has supplied an electronic recording system the subject of the approval that constitutes an electronic work diary, or of which an electronic work diary is a part, a notice stating that the approval has been cancelled.\nIf the Regulator gives the holder of the approval a direction under subsection (3) , the holder must comply with the direction.\nMaximum penalty—$6000.\nWith the Regulator’s written consent, a person may comply with subsection (4) by publishing details of the cancellation, and any further details stated by the Regulator, using at least 2 of the following methods—\nby notice published in a newspaper stated by the Regulator;\nby notice published in a journal or newsletter stated by the Regulator;\non a website stated by the Regulator.\nIf, under subsection (4) , the holder of the approval gives a person a notice that the approval has been cancelled, the person must give a notice to each other person to whom the person has supplied an electronic recording system the subject of the approval that constitutes an electronic work diary, or of which an electronic work diary is a part, stating that the approval has been cancelled.\nThe holder of an approval is a service provider who has supplied to the operator of a fatigue-regulated heavy vehicle an approved electronic recording system constituting an electronic work diary or of which an electronic work diary is a part. If, under subsection (4) , the service provider gives the operator a notice stating the approval has been cancelled, the operator must give the driver of the vehicle a notice stating the approval has been cancelled.\nMaximum penalty—$6000.\nNothing in this section prevents the Regulator from publishing details of the cancellation by whatever means the Regulator thinks appropriate.\nThe Regulator may publish the cancellation in the Commonwealth Gazette or on a website.\nIn this section—\nholder , of an electronic recording system approval that has been cancelled, means the person who, immediately before the cancellation took effect, held the approval.\nsch s 355 amd 2015 No. 12 s 44\n(sec.355-ssec.1) This section applies if, under this Subdivision, the Regulator notifies the holder of an electronic recording system approval that the approval has been cancelled.\n(sec.355-ssec.2) If the electronic recording system constitutes an electronic work diary, or if part of the electronic recording system is an electronic work diary, the holder of the approval must, within the period stated by the Regulator in the notification, remove any electronic message on the system’s visual display stating the system is or includes an electronic work diary. Maximum penalty—$6000.\n(sec.355-ssec.3) The Regulator may, by notice, direct the holder of the approval to give each person to whom the holder has supplied an electronic recording system the subject of the approval that constitutes an electronic work diary, or of which an electronic work diary is a part, a notice stating that the approval has been cancelled.\n(sec.355-ssec.4) If the Regulator gives the holder of the approval a direction under subsection (3) , the holder must comply with the direction. Maximum penalty—$6000.\n(sec.355-ssec.5) With the Regulator’s written consent, a person may comply with subsection (4) by publishing details of the cancellation, and any further details stated by the Regulator, using at least 2 of the following methods— by notice published in a newspaper stated by the Regulator; by notice published in a journal or newsletter stated by the Regulator; on a website stated by the Regulator.\n(sec.355-ssec.6) If, under subsection (4) , the holder of the approval gives a person a notice that the approval has been cancelled, the person must give a notice to each other person to whom the person has supplied an electronic recording system the subject of the approval that constitutes an electronic work diary, or of which an electronic work diary is a part, stating that the approval has been cancelled. The holder of an approval is a service provider who has supplied to the operator of a fatigue-regulated heavy vehicle an approved electronic recording system constituting an electronic work diary or of which an electronic work diary is a part. If, under subsection (4) , the service provider gives the operator a notice stating the approval has been cancelled, the operator must give the driver of the vehicle a notice stating the approval has been cancelled. Maximum penalty—$6000.\n(sec.355-ssec.7) Nothing in this section prevents the Regulator from publishing details of the cancellation by whatever means the Regulator thinks appropriate. The Regulator may publish the cancellation in the Commonwealth Gazette or on a website.\n(sec.355-ssec.8) In this section— holder , of an electronic recording system approval that has been cancelled, means the person who, immediately before the cancellation took effect, held the approval.\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 Regulator;\n- (c) on a website stated by the Regulator.","sortOrder":573},{"sectionNumber":"sch-inc-ch.6-pt.6.4-div.8","sectionType":"division","heading":"Exemptions from work diary requirements of Division 2","content":"## Exemptions from work diary requirements of Division 2","sortOrder":574},{"sectionNumber":"sec.356","sectionType":"section","heading":"Emergency services exemption","content":"### sec.356 Emergency services exemption\n\nA person who is acting for an emergency service and who has time-critical duties on the way to, or during, an emergency is exempted in the course of carrying out the duties from compliance with Division 2 .\nA person who is acting for an emergency service and who is returning from attending an emergency is exempted from compliance with Division 2 if the person reasonably believes the noncompliance does not present an unreasonable danger to other road users.\nA person who is acting for an emergency service is exempted from compliance with Division 2 under subsection (1) or (2) only if, at the relevant time, the person complies with any guidelines regarding the management of fatigue issued by or on behalf of the emergency service or an authority responsible for oversight of the emergency service.\nIn this section—\nemergency means an event, or an anticipated event, that—\nendangers, or may endanger, life, property or the environment; or\nhas disrupted, or may disrupt, communications, energy supply, water supply or sewerage services; or\nis declared to be an emergency or disaster by—\nthe Commonwealth or a State or Territory; or\na Commonwealth or State or Territory authority responsible for managing responses to emergencies or disasters.\nfire, explosion or natural disaster\nemergency service means an entity that has a statutory responsibility to respond to an emergency and includes the following—\nan ambulance service;\na fire brigade, including a volunteer fire brigade;\na police force or police service;\na disaster or emergency organisation of the Commonwealth or a State or Territory.\n(sec.356-ssec.1) A person who is acting for an emergency service and who has time-critical duties on the way to, or during, an emergency is exempted in the course of carrying out the duties from compliance with Division 2 .\n(sec.356-ssec.2) A person who is acting for an emergency service and who is returning from attending an emergency is exempted from compliance with Division 2 if the person reasonably believes the noncompliance does not present an unreasonable danger to other road users.\n(sec.356-ssec.3) A person who is acting for an emergency service is exempted from compliance with Division 2 under subsection (1) or (2) only if, at the relevant time, the person complies with any guidelines regarding the management of fatigue issued by or on behalf of the emergency service or an authority responsible for oversight of the emergency service.\n(sec.356-ssec.4) In this section— emergency means an event, or an anticipated event, that— endangers, or may endanger, life, property or the environment; or has disrupted, or may disrupt, communications, energy supply, water supply or sewerage services; or is declared to be an emergency or disaster by— the Commonwealth or a State or Territory; or a Commonwealth or State or Territory authority responsible for managing responses to emergencies or disasters. fire, explosion or natural disaster emergency service means an entity that has a statutory responsibility to respond to an emergency and includes the following— an ambulance service; a fire brigade, including a volunteer fire brigade; a police force or police service; a disaster or emergency organisation of the Commonwealth or a State or Territory.\n- (a) endangers, or may endanger, life, property or the environment; or\n- (b) has disrupted, or may disrupt, communications, energy supply, water supply or sewerage services; or\n- (c) is declared to be an emergency or disaster by— (i) the Commonwealth or a State or Territory; or (ii) a Commonwealth or State or Territory authority responsible for managing responses to emergencies or disasters.\n- (i) the Commonwealth or a State or Territory; or\n- (ii) a Commonwealth or State or Territory authority responsible for managing responses to emergencies or disasters.\n- (i) the Commonwealth or a State or Territory; or\n- (ii) a Commonwealth or State or Territory authority responsible for managing responses to emergencies or disasters.\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 State or Territory.","sortOrder":575},{"sectionNumber":"sec.357","sectionType":"section","heading":"Regulator’s power to exempt particular drivers from work diary requirements","content":"### sec.357 Regulator’s power to exempt particular drivers from work diary requirements\n\nThe Regulator may, by Commonwealth Gazette notice complying with section 361 , exempt, for a period of not more than 3 years, drivers of fatigue-regulated heavy vehicles carrying out a class of work from the requirement to comply with Subdivisions 1 to 5 of Division 2 for the work.\nAn exemption under subsection (1) is a work diary exemption (notice) .\n(sec.357-ssec.1) The Regulator may, by Commonwealth Gazette notice complying with section 361 , exempt, for a period of not more than 3 years, drivers of fatigue-regulated heavy vehicles carrying out a class of work from the requirement to comply with Subdivisions 1 to 5 of Division 2 for the work.\n(sec.357-ssec.2) An exemption under subsection (1) is a work diary exemption (notice) .","sortOrder":576},{"sectionNumber":"sec.358","sectionType":"section","heading":"Restriction on grant of work diary exemption (notice)","content":"### sec.358 Restriction on grant of work diary exemption (notice)\n\nThe Regulator may grant a work diary exemption (notice) only if the Regulator is satisfied—\nrequiring the drivers to whom the exemption is to apply to comply with Subdivisions 1 to 5 of Division 2 would be an unreasonable restriction on operations conducted by the drivers; and\nthe class of work to which the exemption is to apply will not pose—\na significant risk to public safety; or\na significant risk of the drivers to whom the exemption is to apply driving on a road while impaired by fatigue.\nIn deciding whether or not to grant a work diary exemption (notice), the Regulator must have regard to the approved guidelines for granting work diary exemptions.\nsch s 358 amd 2025 No. 26 s 94 (uncommenced amendment)\n(sec.358-ssec.1) The Regulator may grant a work diary exemption (notice) only if the Regulator is satisfied— requiring the drivers to whom the exemption is to apply to comply with Subdivisions 1 to 5 of Division 2 would be an unreasonable restriction on operations conducted by the drivers; and the class of work to which the exemption is to apply will not pose— a significant risk to public safety; or a significant risk of the drivers to whom the exemption is to apply driving on a road while impaired by fatigue.\n(sec.358-ssec.2) In deciding whether or not to grant a work diary exemption (notice), the Regulator must have regard to the approved guidelines for granting work diary exemptions.\n- (a) requiring the drivers to whom the exemption is to apply to comply with Subdivisions 1 to 5 of Division 2 would be an unreasonable restriction on operations conducted by the drivers; and\n- (b) the class of work to which the exemption is to apply will not pose— (i) a significant risk to public safety; or (ii) a significant risk of the drivers to whom the exemption is to apply driving on a road while impaired by fatigue.\n- (i) a significant risk to public safety; or\n- (ii) a significant risk of the drivers to whom the exemption is to apply driving on a road while impaired by fatigue.\n- (i) a significant risk to public safety; or\n- (ii) a significant risk of the drivers to whom the exemption is to apply driving on a road while impaired by fatigue.","sortOrder":577},{"sectionNumber":"sec.359","sectionType":"section","heading":"Conditions of work diary exemption (notice)","content":"### sec.359 Conditions of work diary exemption (notice)\n\nA work diary exemption (notice) may be subject to any conditions the Regulator considers appropriate, including, for example—\nconditions about recording information about the work to which the exemption applies; and\na condition that the driver of a fatigue-regulated heavy vehicle who is operating under the exemption must keep in the driver’s possession a copy of—\nthe Commonwealth Gazette notice for the exemption; or\nan information sheet about the exemption published by the Regulator on the Regulator’s website.\n- (a) conditions about recording information about the work to which the exemption applies; and\n- (b) a condition that the driver of a fatigue-regulated heavy vehicle who is operating under the exemption must keep in the driver’s possession a copy of— (i) the Commonwealth Gazette notice for the exemption; or (ii) an information sheet about the exemption published by the Regulator on the Regulator’s website.\n- (i) the Commonwealth Gazette notice for the exemption; or\n- (ii) an information sheet about the exemption published by the Regulator on the Regulator’s website.\n- (i) the Commonwealth Gazette notice for the exemption; or\n- (ii) an information sheet about the exemption published by the Regulator on the Regulator’s website.","sortOrder":578},{"sectionNumber":"sec.360","sectionType":"section","heading":"Period for which work diary exemption (notice) applies","content":"### sec.360 Period for which work diary exemption (notice) applies\n\nA work diary exemption (notice)—\ntakes effect—\nwhen the Commonwealth Gazette notice for the exemption is published; or\nif a later time is stated in the Commonwealth Gazette notice, at the later time; and\napplies for the period stated in the Commonwealth Gazette notice.\n- (a) takes effect— (i) when the Commonwealth Gazette notice for the exemption is published; or (ii) if a later time is stated in the Commonwealth Gazette notice, at the later time; and\n- (i) when the Commonwealth Gazette notice for the exemption is published; or\n- (ii) if a later time is stated in the Commonwealth Gazette notice, at the later time; and\n- (b) applies for the period stated in the Commonwealth Gazette notice.\n- (i) when the Commonwealth Gazette notice for the exemption is published; or\n- (ii) if a later time is stated in the Commonwealth Gazette notice, at the later time; and","sortOrder":579},{"sectionNumber":"sec.361","sectionType":"section","heading":"Requirements about Commonwealth Gazette notice","content":"### sec.361 Requirements about Commonwealth Gazette notice\n\nA Commonwealth Gazette notice for a work diary exemption (notice) must state the following—\nthe class of work to which the exemption applies;\nthat drivers of fatigue-regulated heavy vehicles who carry out the class of work are exempt from the requirement to comply with Subdivisions 1 to 5 of Division 2 for the work;\nthe conditions of the exemption;\nthe period for which the exemption applies.\nThe Regulator must publish a copy of the Commonwealth Gazette notice on the Regulator’s website.\n(sec.361-ssec.1) A Commonwealth Gazette notice for a work diary exemption (notice) must state the following— the class of work to which the exemption applies; that drivers of fatigue-regulated heavy vehicles who carry out the class of work are exempt from the requirement to comply with Subdivisions 1 to 5 of Division 2 for the work; the conditions of the exemption; the period for which the exemption applies.\n(sec.361-ssec.2) The Regulator must publish a copy of the Commonwealth Gazette notice on the Regulator’s website.\n- (a) the class of work to which the exemption applies;\n- (b) that drivers of fatigue-regulated heavy vehicles who carry out the class of work are exempt from the requirement to comply with Subdivisions 1 to 5 of Division 2 for the work;\n- (c) the conditions of the exemption;\n- (d) the period for which the exemption applies.","sortOrder":580},{"sectionNumber":"sec.362","sectionType":"section","heading":"Amendment or cancellation of work diary exemption (notice)","content":"### sec.362 Amendment or cancellation of work diary exemption (notice)\n\nIt is a ground for amending or cancelling a work diary exemption (notice) if, since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.\nIf the Regulator considers a ground exists to amend or cancel the work diary exemption (notice), the Regulator may amend or cancel the exemption by complying with subsections (3) to (5) .\nThe Regulator must publish a public notice—\nstating that the Regulator believes a ground exists to amend or cancel the exemption; and\noutlining the facts and circumstances forming the basis for the belief; and\nstating the action the Regulator is proposing to take under this section (the proposed action ); and\ninviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.\nIf, after considering all written representations made under subsection (3) (d) , the Regulator still considers the circumstances in which the Regulator may grant the work diary exemption (notice) are no longer satisfied, the Regulator may—\nif the proposed action was to amend the exemption—amend the exemption in a way that is not substantially different from the proposed action, including, for example, by—\namending the class of work to which the exemption applies; or\namending the conditions of the exemption; or\nif the proposed action was to cancel the exemption—\namend the exemption, including, for example, by amending the exemption in a way mentioned in paragraph (a) (i) or (ii) ; or\ncancel the exemption.\nThe Regulator must publish a public notice of the amendment or cancellation.\nThe amendment or cancellation takes effect—\n28 days after the Commonwealth Gazette notice is published under subsection (5) ; or\nif a later time is stated in the Commonwealth Gazette notice, at the later time.\nsch s 362 amd 2016 No. 65 s 130\n(sec.362-ssec.1) It is a ground for amending or cancelling a work diary exemption (notice) if, since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.\n(sec.362-ssec.2) If the Regulator considers a ground exists to amend or cancel the work diary exemption (notice), the Regulator may amend or cancel the exemption by complying with subsections (3) to (5) .\n(sec.362-ssec.3) The Regulator must publish a public notice— stating that the Regulator believes a ground exists to amend or cancel the exemption; and outlining the facts and circumstances forming the basis for the belief; and stating the action the Regulator is proposing to take under this section (the proposed action ); and inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.\n(sec.362-ssec.4) If, after considering all written representations made under subsection (3) (d) , the Regulator still considers the circumstances in which the Regulator may grant the work diary exemption (notice) are no longer satisfied, the Regulator may— if the proposed action was to amend the exemption—amend the exemption in a way that is not substantially different from the proposed action, including, for example, by— amending the class of work to which the exemption applies; or amending the conditions of the exemption; or if the proposed action was to cancel the exemption— amend the exemption, including, for example, by amending the exemption in a way mentioned in paragraph (a) (i) or (ii) ; or cancel the exemption.\n(sec.362-ssec.5) The Regulator must publish a public notice of the amendment or cancellation.\n(sec.362-ssec.6) The amendment or cancellation takes effect— 28 days after the Commonwealth Gazette notice is published under subsection (5) ; or if a later time is stated in the Commonwealth Gazette notice, at the later time.\n- (a) stating that the Regulator believes a ground exists to amend or cancel the exemption; and\n- (b) outlining the facts and circumstances forming the basis for the belief; and\n- (c) stating the action the Regulator is proposing to take under this section (the proposed action ); and\n- (d) inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.\n- (a) if the proposed action was to amend the exemption—amend the exemption in a way that is not substantially different from the proposed action, including, for example, by— (i) amending the class of work to which the exemption applies; or (ii) amending the conditions of the exemption; or\n- (i) amending the class of work to which the exemption applies; or\n- (ii) amending the conditions of the exemption; or\n- (b) if the proposed action was to cancel the exemption— (i) amend the exemption, including, for example, by amending the exemption in a way mentioned in paragraph (a) (i) or (ii) ; or (ii) cancel the exemption.\n- (i) amend the exemption, including, for example, by amending the exemption in a way mentioned in paragraph (a) (i) or (ii) ; or\n- (ii) cancel the exemption.\n- (i) amending the class of work to which the exemption applies; or\n- (ii) amending the conditions of the exemption; or\n- (i) amend the exemption, including, for example, by amending the exemption in a way mentioned in paragraph (a) (i) or (ii) ; or\n- (ii) cancel the exemption.\n- (a) 28 days after the Commonwealth Gazette notice is published under subsection (5) ; or\n- (b) if a later time is stated in the Commonwealth Gazette notice, at the later time.","sortOrder":581},{"sectionNumber":"sec.363","sectionType":"section","heading":"Regulator’s power to exempt driver of fatigue-regulated heavy vehicle from work diary requirement","content":"### sec.363 Regulator’s power to exempt driver of fatigue-regulated heavy vehicle from work diary requirement\n\nThe Regulator may, by giving a person a permit as mentioned in section 368 , exempt, for a period of not more than 3 years, a driver of a fatigue-regulated heavy vehicle from the requirement to comply with Subdivisions 1 to 5 of Division 2 .\nAn exemption under subsection (1) is a work diary exemption (permit) .\nsch s 363 sub 2025 No. 26 s 95 (uncommenced amendment)\n(sec.363-ssec.1) The Regulator may, by giving a person a permit as mentioned in section 368 , exempt, for a period of not more than 3 years, a driver of a fatigue-regulated heavy vehicle from the requirement to comply with Subdivisions 1 to 5 of Division 2 .\n(sec.363-ssec.2) An exemption under subsection (1) is a work diary exemption (permit) .","sortOrder":582},{"sectionNumber":"sec.364","sectionType":"section","heading":"Application for work diary exemption (permit)","content":"### sec.364 Application for work diary exemption (permit)\n\nThe driver of a fatigue-regulated heavy vehicle who is working under standard hours may apply to the Regulator for a work diary exemption (permit).\nThe application must—\nbe in the approved form; and\nstate the following—\nthe period for which the exemption is sought;\nany conditions for the exemption sought by the applicant; and\nnominate a person (the nominee ) to make written work records for the driver; and\nbe accompanied by the nominee’s written agreement to the nomination; and\nbe accompanied by the prescribed fee for the application.\nAn employer of the driver of a fatigue-regulated heavy vehicle may make an application under subsection (1) on behalf of the driver.\nThe Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\nsch s 364 om 2025 No. 26 s 95 (uncommenced amendment)\n(sec.364-ssec.1) The driver of a fatigue-regulated heavy vehicle who is working under standard hours may apply to the Regulator for a work diary exemption (permit).\n(sec.364-ssec.2) The application must— be in the approved form; and state the following— the period for which the exemption is sought; any conditions for the exemption sought by the applicant; and nominate a person (the nominee ) to make written work records for the driver; and be accompanied by the nominee’s written agreement to the nomination; and be accompanied by the prescribed fee for the application.\n(sec.364-ssec.3) An employer of the driver of a fatigue-regulated heavy vehicle may make an application under subsection (1) on behalf of the driver.\n(sec.364-ssec.4) The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\n- (a) be in the approved form; and\n- (b) state the following— (i) the period for which the exemption is sought; (ii) any conditions for the exemption sought by the applicant; and\n- (i) the period for which the exemption is sought;\n- (ii) any conditions for the exemption sought by the applicant; and\n- (c) nominate a person (the nominee ) to make written work records for the driver; and\n- (d) be accompanied by the nominee’s written agreement to the nomination; and\n- (e) be accompanied by the prescribed fee for the application.\n- (i) the period for which the exemption is sought;\n- (ii) any conditions for the exemption sought by the applicant; and","sortOrder":583},{"sectionNumber":"sec.365","sectionType":"section","heading":"Restriction on grant of work diary exemption (permit)","content":"### sec.365 Restriction on grant of work diary exemption (permit)\n\nThe Regulator may grant a work diary exemption (permit) only if the Regulator is satisfied—\nthe driver can not make records in the driver’s work diary because of the driver’s inadequate English literacy; and\nthe nominee for the driver will be able to make records that are no less complete or accurate than records made under Subdivisions 1 to 5 of Division 2 ; and\nthe driver works only under standard hours.\nIn deciding whether or not to grant a work diary exemption (permit), the Regulator must have regard to the approved guidelines for granting work diary exemptions.\nIn this section—\nnominee , for the driver of a fatigue-regulated heavy vehicle, means the person nominated, in the application for the work diary exemption (permit), by the driver to make written work records for the driver.\nsch s 365 om 2025 No. 26 s 95 (uncommenced amendment)\n(sec.365-ssec.1) The Regulator may grant a work diary exemption (permit) only if the Regulator is satisfied— the driver can not make records in the driver’s work diary because of the driver’s inadequate English literacy; and the nominee for the driver will be able to make records that are no less complete or accurate than records made under Subdivisions 1 to 5 of Division 2 ; and the driver works only under standard hours.\n(sec.365-ssec.2) In deciding whether or not to grant a work diary exemption (permit), the Regulator must have regard to the approved guidelines for granting work diary exemptions.\n(sec.365-ssec.3) In this section— nominee , for the driver of a fatigue-regulated heavy vehicle, means the person nominated, in the application for the work diary exemption (permit), by the driver to make written work records for the driver.\n- (a) the driver can not make records in the driver’s work diary because of the driver’s inadequate English literacy; and\n- (b) the nominee for the driver will be able to make records that are no less complete or accurate than records made under Subdivisions 1 to 5 of Division 2 ; and\n- (c) the driver works only under standard hours.","sortOrder":584},{"sectionNumber":"sec.366","sectionType":"section","heading":"Conditions of work diary exemption (permit)","content":"### sec.366 Conditions of work diary exemption (permit)\n\nA work diary exemption (permit) is subject to the condition that the driver to whom the exemption applies must carry out all work as a driver of fatigue-regulated heavy vehicles under standard hours only.\nA work diary exemption (permit) may be subject to any other conditions the Regulator considers appropriate, including, for example, conditions about—\nthe information to be included in records about the work carried out by the driver of a fatigue-regulated heavy vehicle to whom the exemption applies; and\nhow the records are to be made.\nsch s 366 om 2025 No. 26 s 95 (uncommenced amendment)\n(sec.366-ssec.1) A work diary exemption (permit) is subject to the condition that the driver to whom the exemption applies must carry out all work as a driver of fatigue-regulated heavy vehicles under standard hours only.\n(sec.366-ssec.2) A work diary exemption (permit) may be subject to any other conditions the Regulator considers appropriate, including, for example, conditions about— the information to be included in records about the work carried out by the driver of a fatigue-regulated heavy vehicle to whom the exemption applies; and how the records are to be made.\n- (a) the information to be included in records about the work carried out by the driver of a fatigue-regulated heavy vehicle to whom the exemption applies; and\n- (b) how the records are to be made.","sortOrder":585},{"sectionNumber":"sec.367","sectionType":"section","heading":"Period for which work diary exemption (permit) applies","content":"### sec.367 Period for which work diary exemption (permit) applies\n\nA work diary exemption (permit) applies for the period stated in the permit for the exemption.\nThe period may be less than the period sought by the applicant for the work diary exemption (permit).\nsch s 367 om 2025 No. 26 s 95 (uncommenced amendment)\n(sec.367-ssec.1) A work diary exemption (permit) applies for the period stated in the permit for the exemption.\n(sec.367-ssec.2) The period may be less than the period sought by the applicant for the work diary exemption (permit).","sortOrder":586},{"sectionNumber":"sec.368","sectionType":"section","heading":"Permit for work diary exemption (permit) etc.","content":"### sec.368 Permit for work diary exemption (permit) etc.\n\nIf the Regulator grants a work diary exemption (permit) to a person, the Regulator must give the person—\na permit for the exemption; and\nif the Regulator has imposed conditions on the exemption under section 366 or has granted the exemption for a period less than the period of not more than 3 years sought by the person—an information notice for the decision to impose the conditions or grant the exemption for the shorter period.\nA permit for a work diary exemption (permit) must state the following—\nthe name of the driver of a fatigue-regulated heavy vehicle to whom the permit is given;\nthe name of the nominee for the driver;\nthe conditions of the exemption;\nthe period for which the exemption applies.\nIn this section—\nnominee , for the driver of a fatigue-regulated heavy vehicle, means the person nominated, in the application for the work diary exemption (permit), by the driver to make written work records for the driver.\nsch s 368 om 2025 No. 26 s 95 (uncommenced amendment)\n(sec.368-ssec.1) If the Regulator grants a work diary exemption (permit) to a person, the Regulator must give the person— a permit for the exemption; and if the Regulator has imposed conditions on the exemption under section 366 or has granted the exemption for a period less than the period of not more than 3 years sought by the person—an information notice for the decision to impose the conditions or grant the exemption for the shorter period.\n(sec.368-ssec.2) A permit for a work diary exemption (permit) must state the following— the name of the driver of a fatigue-regulated heavy vehicle to whom the permit is given; the name of the nominee for the driver; the conditions of the exemption; the period for which the exemption applies.\n(sec.368-ssec.3) In this section— nominee , for the driver of a fatigue-regulated heavy vehicle, means the person nominated, in the application for the work diary exemption (permit), by the driver to make written work records for the driver.\n- (a) a permit for the exemption; and\n- (b) if the Regulator has imposed conditions on the exemption under section 366 or has granted the exemption for a period less than the period of not more than 3 years sought by the person—an information notice for the decision to impose the conditions or grant the exemption for the shorter period.\n- (a) the name of the driver of a fatigue-regulated heavy vehicle to whom the permit is given;\n- (b) the name of the nominee for the driver;\n- (c) the conditions of the exemption;\n- (d) the period for which the exemption applies.","sortOrder":587},{"sectionNumber":"sec.369","sectionType":"section","heading":"Refusal of application for work diary exemption (permit)","content":"### sec.369 Refusal of application for work diary exemption (permit)\n\nIf the Regulator refuses an application for a work diary exemption (permit), the Regulator must give the applicant an information notice for the decision to refuse the application.\nsch s 369 om 2025 No. 26 s 95 (uncommenced amendment)","sortOrder":588},{"sectionNumber":"sec.370","sectionType":"section","heading":"Amendment or cancellation of work diary exemption (permit) on application by permit holder","content":"### sec.370 Amendment or cancellation of work diary exemption (permit) on application by permit holder\n\nThe holder of a permit for a work diary exemption (permit) may apply to the Regulator for an amendment or cancellation of the exemption.\nThe application must—\nbe in the approved form; and\nbe accompanied by the prescribed fee for the application; and\nif the application is for an amendment—state clearly the amendment sought and the reasons for the amendment; and\nif the application is for an amendment of the person nominated by the holder to make written work records for the holder—be accompanied by the nominee’s written agreement to the nomination; and\nbe accompanied by the permit.\nThe Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\nThe Regulator must decide the application as soon as practicable after receiving it.\nIf the Regulator decides to grant the application—\nthe Regulator must give the applicant notice of the decision; and\nthe amendment or cancellation takes effect—\nwhen notice of the decision is given to the applicant; or\nif a later time is stated in the notice, at the later time; and\nif the Regulator amends the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended.\nIf the Regulator decides not to amend or cancel the work diary exemption (permit), as sought by the applicant, the Regulator must—\ngive the applicant an information notice for the decision; and\nreturn the permit for the exemption to the applicant.\nsch s 370 om 2025 No. 26 s 95 (uncommenced amendment)\n(sec.370-ssec.1) The holder of a permit for a work diary exemption (permit) may apply to the Regulator for an amendment or cancellation of the exemption.\n(sec.370-ssec.2) The application must— be in the approved form; and be accompanied by the prescribed fee for the application; and if the application is for an amendment—state clearly the amendment sought and the reasons for the amendment; and if the application is for an amendment of the person nominated by the holder to make written work records for the holder—be accompanied by the nominee’s written agreement to the nomination; and be accompanied by the permit.\n(sec.370-ssec.3) The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\n(sec.370-ssec.4) The Regulator must decide the application as soon as practicable after receiving it.\n(sec.370-ssec.5) If the Regulator decides to grant the application— the Regulator must give the applicant notice of the decision; and the amendment or cancellation takes effect— when notice of the decision is given to the applicant; or if a later time is stated in the notice, at the later time; and if the Regulator amends the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended.\n(sec.370-ssec.6) If the Regulator decides not to amend or cancel the work diary exemption (permit), as sought by the applicant, the Regulator must— give the applicant an information notice for the decision; and return the permit for the exemption to the applicant.\n- (a) be in the approved form; and\n- (b) be accompanied by the prescribed fee for the application; and\n- (c) if the application is for an amendment—state clearly the amendment sought and the reasons for the amendment; and\n- (d) if the application is for an amendment of the person nominated by the holder to make written work records for the holder—be accompanied by the nominee’s written agreement to the nomination; and\n- (e) be accompanied by the permit.\n- (a) the Regulator must give the applicant notice of the decision; and\n- (b) the amendment or cancellation takes effect— (i) when notice of the decision is given to the applicant; or (ii) if a later time is stated in the notice, at the later time; and\n- (i) when notice of the decision is given to the applicant; or\n- (ii) if a later time is stated in the notice, at the later time; and\n- (c) if the Regulator amends the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended.\n- (i) when notice of the decision is given to the applicant; or\n- (ii) if a later time is stated in the notice, at the later time; and\n- (a) give the applicant an information notice for the decision; and\n- (b) return the permit for the exemption to the applicant.","sortOrder":589},{"sectionNumber":"sec.371","sectionType":"section","heading":"Amendment or cancellation of work diary exemption (permit) on Regulator’s initiative","content":"### sec.371 Amendment or cancellation of work diary exemption (permit) on Regulator’s initiative\n\nEach of the following is a ground for amending or cancelling a work diary exemption (permit)—\nthe exemption was granted because of a document or representation that was—\nfalse or misleading; or\nobtained or made in an improper way;\nthe person to whom the exemption is granted has contravened this Law or a corresponding fatigue law;\nthe nominee has contravened a condition of the exemption;\nsince the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.\nIf the Regulator considers a ground exists to amend or cancel a work diary exemption (permit) (the proposed action ), the Regulator must give the holder of the permit for the exemption a notice—\nstating the proposed action; and\nstating the ground for the proposed action; and\noutlining the facts and circumstances forming the basis for the ground; and\nif the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and\ninviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.\nIf, after considering all written representations made under subsection (2) (e) , the Regulator still considers a ground exists to take the proposed action, the Regulator may—\nif the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or\nif the proposed action was to cancel the exemption—\namend the exemption, including, for example, by imposing additional conditions on the exemption; or\ncancel the exemption.\nThe Regulator must give the holder an information notice for the decision.\nThe amendment or cancellation takes effect—\nwhen the information notice is given to the holder; or\nif a later time is stated in the information notice, at the later time.\nIn this section—\nnominee , for the person to whom a work diary exemption (permit) is granted, means the person stated in the permit for the exemption as the person nominated by the person to make written work records for the person.\nsch s 371 om 2025 No. 26 s 95 (uncommenced amendment)\n(sec.371-ssec.1) Each of the following is a ground for amending or cancelling a work diary exemption (permit)— the exemption was granted because of a document or representation that was— false or misleading; or obtained or made in an improper way; the person to whom the exemption is granted has contravened this Law or a corresponding fatigue law; the nominee has contravened a condition of the exemption; since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.\n(sec.371-ssec.2) If the Regulator considers a ground exists to amend or cancel a work diary exemption (permit) (the proposed action ), the Regulator must give the holder of the permit for the exemption a notice— stating the proposed action; and stating the ground for the proposed action; and outlining the facts and circumstances forming the basis for the ground; and if the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.\n(sec.371-ssec.3) If, after considering all written representations made under subsection (2) (e) , the Regulator still considers a ground exists to take the proposed action, the Regulator may— if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or if the proposed action was to cancel the exemption— amend the exemption, including, for example, by imposing additional conditions on the exemption; or cancel the exemption.\n(sec.371-ssec.4) The Regulator must give the holder an information notice for the decision.\n(sec.371-ssec.5) The amendment or cancellation takes effect— when the information notice is given to the holder; or if a later time is stated in the information notice, at the later time.\n(sec.371-ssec.6) In this section— nominee , for the person to whom a work diary exemption (permit) is granted, means the person stated in the permit for the exemption as the person nominated by the person to make written work records for the person.\n- (a) the exemption was granted because of a document or representation that was— (i) false or misleading; or (ii) obtained or made in an improper way;\n- (i) false or misleading; or\n- (ii) obtained or made in an improper way;\n- (b) the person to whom the exemption is granted has contravened this Law or a corresponding fatigue law;\n- (c) the nominee has contravened a condition of the exemption;\n- (d) since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.\n- (i) false or misleading; or\n- (ii) obtained or made in an improper way;\n- (a) stating the proposed action; and\n- (b) stating the ground for the proposed action; and\n- (c) outlining the facts and circumstances forming the basis for the ground; and\n- (d) if the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and\n- (e) inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.\n- (a) if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or\n- (b) if the proposed action was to cancel the exemption— (i) amend the exemption, including, for example, by imposing additional conditions on the exemption; or (ii) cancel the exemption.\n- (i) amend the exemption, including, for example, by imposing additional conditions on the exemption; or\n- (ii) cancel the exemption.\n- (i) amend the exemption, including, for example, by imposing additional conditions on the exemption; or\n- (ii) cancel the exemption.\n- (a) when the information notice is given to the holder; or\n- (b) if a later time is stated in the information notice, at the later time.","sortOrder":590},{"sectionNumber":"sec.372","sectionType":"section","heading":"Minor amendment of work diary exemption (permit)","content":"### sec.372 Minor amendment of work diary exemption (permit)\n\nThe Regulator may, by notice given to the holder of a permit for a work diary exemption (permit), amend the exemption in a minor respect—\nfor a formal or clerical reason; or\nin another way that does not adversely affect the holder’s interests.\nsch s 372 om 2025 No. 26 s 95 (uncommenced amendment)\n- (a) for a formal or clerical reason; or\n- (b) in another way that does not adversely affect the holder’s interests.","sortOrder":591},{"sectionNumber":"sec.373","sectionType":"section","heading":"Return of permit","content":"### sec.373 Return of permit\n\nIf a person’s work diary exemption (permit) is amended or cancelled under this Subdivision, the Regulator may, by notice given to the person, require the person to return the person’s permit for the exemption to the Regulator.\nThe person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period.\nMaximum penalty—$6000.\nIf the exemption has been amended, the Regulator must give the person a replacement permit for the exemption as amended.\nsch s 373 om 2025 No. 26 s 95 (uncommenced amendment)\n(sec.373-ssec.1) If a person’s work diary exemption (permit) is amended or cancelled under this Subdivision, the Regulator may, by notice given to the person, require the person to return the person’s permit for the exemption to the Regulator.\n(sec.373-ssec.2) The person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period. Maximum penalty—$6000.\n(sec.373-ssec.3) If the exemption has been amended, the Regulator must give the person a replacement permit for the exemption as amended.","sortOrder":592},{"sectionNumber":"sec.374","sectionType":"section","heading":"Replacement of defaced etc. permit","content":"### sec.374 Replacement of defaced etc. permit\n\nIf a person’s permit for a work diary exemption (permit) is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement permit.\nMaximum penalty—$4000.\nIf the Regulator is satisfied the permit has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement permit as soon as practicable.\nIf the Regulator decides not to give a replacement permit to the person, the Regulator must give the person an information notice for the decision.\nsch s 374 om 2025 No. 26 s 95 (uncommenced amendment)\n(sec.374-ssec.1) If a person’s permit for a work diary exemption (permit) is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement permit. Maximum penalty—$4000.\n(sec.374-ssec.2) If the Regulator is satisfied the permit has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement permit as soon as practicable.\n(sec.374-ssec.3) If the Regulator decides not to give a replacement permit to the person, the Regulator must give the person an information notice for the decision.","sortOrder":593},{"sectionNumber":"sec.375","sectionType":"section","heading":"Contravening condition of work diary exemption","content":"### sec.375 Contravening condition of work diary exemption\n\nA person must not contravene a condition of a work diary exemption.\nMaximum penalty—$6000.","sortOrder":594},{"sectionNumber":"sec.376","sectionType":"section","heading":"Keeping relevant document while operating under work diary exemption (notice)","content":"### sec.376 Keeping relevant document while operating under work diary exemption (notice)\n\nThis section applies if a work diary exemption (notice) is subject to the condition that the driver of a fatigue-regulated heavy vehicle who is operating under the exemption must keep a relevant document in the driver’s possession.\nA driver of the fatigue-regulated heavy vehicle who is operating under the work diary exemption (notice) must comply with the condition.\nMaximum penalty—$3000.\nEach relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2) , unless the relevant party has a reasonable excuse.\nMaximum penalty—$3000.\nIn this section—\nrelevant document , for a work diary exemption (notice), means a copy of—\nthe Commonwealth Gazette notice for the exemption; or\nan information sheet about the exemption published by the Regulator on the Regulator’s website.\nrelevant party , for the driver of a fatigue-regulated heavy vehicle, means—\nan employer of the driver if the driver is an employed driver; or\na prime contractor of the driver if the driver is a self-employed driver; or\nan operator of the vehicle if the driver is making a journey for the operator.\nsch s 376 amd 2016 No. 65 s 67\n(sec.376-ssec.1) This section applies if a work diary exemption (notice) is subject to the condition that the driver of a fatigue-regulated heavy vehicle who is operating under the exemption must keep a relevant document in the driver’s possession.\n(sec.376-ssec.2) A driver of the fatigue-regulated heavy vehicle who is operating under the work diary exemption (notice) must comply with the condition. Maximum penalty—$3000.\n(sec.376-ssec.3) Each relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2) , unless the relevant party has a reasonable excuse. Maximum penalty—$3000.\n(sec.376-ssec.7) In this section— relevant document , for a work diary exemption (notice), means a copy of— the Commonwealth Gazette notice for the exemption; or an information sheet about the exemption published by the Regulator on the Regulator’s website. relevant party , for the driver of a fatigue-regulated heavy vehicle, means— an employer of the driver if the driver is an employed driver; or a prime contractor of the driver if the driver is a self-employed driver; or an operator of the vehicle if the driver is making a journey for the operator.\n- (a) the Commonwealth Gazette notice for the exemption; or\n- (b) an information sheet about the exemption published by the Regulator on the Regulator’s website.\n- (a) an employer of the driver if the driver is an employed driver; or\n- (b) a prime contractor of the driver if the driver is a self-employed driver; or\n- (c) an operator of the vehicle if the driver is making a journey for the operator.","sortOrder":595},{"sectionNumber":"sec.377","sectionType":"section","heading":"Keeping permit or copy while operating under work diary exemption (permit)","content":"### sec.377 Keeping permit or copy while operating under work diary exemption (permit)\n\nThe driver of a fatigue-regulated heavy vehicle who is operating under a work diary exemption (permit) must keep the permit or a copy of the permit in the driver’s possession.\nMaximum penalty—$3000.\nsch s 377 om 2025 No. 26 s 96 (uncommenced amendment)","sortOrder":596},{"sectionNumber":"sch-inc-ch.6-pt.6.4-div.8A","sectionType":"division","heading":"Exemptions from fatigue record keeping requirements of Division 3","content":"## Exemptions from fatigue record keeping requirements of Division 3","sortOrder":597},{"sectionNumber":"sec.378","sectionType":"section","heading":"Regulator’s power to exempt record keepers from fatigue record keeping requirements","content":"### sec.378 Regulator’s power to exempt record keepers from fatigue record keeping requirements\n\nThe Regulator may, by Commonwealth Gazette notice complying with section 381 , exempt, for a period of not more than 3 years, record keepers for drivers of fatigue-regulated heavy vehicles carrying out a class of work from the requirement to comply with all or stated provisions of Division 3 for the work.\nAn exemption under subsection (1) is a fatigue record keeping exemption (notice) .\nIn deciding whether or not to grant a fatigue record keeping exemption (notice), the Regulator must have regard to the approved guidelines for granting fatigue record keeping exemptions.\n(sec.378-ssec.1) The Regulator may, by Commonwealth Gazette notice complying with section 381 , exempt, for a period of not more than 3 years, record keepers for drivers of fatigue-regulated heavy vehicles carrying out a class of work from the requirement to comply with all or stated provisions of Division 3 for the work.\n(sec.378-ssec.2) An exemption under subsection (1) is a fatigue record keeping exemption (notice) .\n(sec.378-ssec.3) In deciding whether or not to grant a fatigue record keeping exemption (notice), the Regulator must have regard to the approved guidelines for granting fatigue record keeping exemptions.","sortOrder":598},{"sectionNumber":"sec.379","sectionType":"section","heading":"Conditions of fatigue record keeping exemption (notice)","content":"### sec.379 Conditions of fatigue record keeping exemption (notice)\n\nA fatigue record keeping exemption (notice)—\nis subject to conditions prescribed by the national regulations for the exemption; and\nmay be subject to any other conditions the Regulator considers appropriate, including, for example—\nconditions about recording information about the work to which the exemption applies; and\na condition that a record keeper for the driver of a fatigue-regulated heavy vehicle who is operating under the exemption must keep in the record keeper’s possession—\na copy of the Commonwealth Gazette notice for the exemption; or\na stated document or stated kind of document relating to the exemption.\n- (a) is subject to conditions prescribed by the national regulations for the exemption; and\n- (b) may be subject to any other conditions the Regulator considers appropriate, including, for example— (i) conditions about recording information about the work to which the exemption applies; and (ii) a condition that a record keeper for the driver of a fatigue-regulated heavy vehicle who is operating under the exemption must keep in the record keeper’s possession— (A) a copy of the Commonwealth Gazette notice for the exemption; or (B) a stated document or stated kind of document relating to the exemption.\n- (i) conditions about recording information about the work to which the exemption applies; and\n- (ii) a condition that a record keeper for the driver of a fatigue-regulated heavy vehicle who is operating under the exemption must keep in the record keeper’s possession— (A) a copy of the Commonwealth Gazette notice for the exemption; or (B) a stated document or stated kind of document relating to the exemption.\n- (A) a copy of the Commonwealth Gazette notice for the exemption; or\n- (B) a stated document or stated kind of document relating to the exemption.\n- (i) conditions about recording information about the work to which the exemption applies; and\n- (ii) a condition that a record keeper for the driver of a fatigue-regulated heavy vehicle who is operating under the exemption must keep in the record keeper’s possession— (A) a copy of the Commonwealth Gazette notice for the exemption; or (B) a stated document or stated kind of document relating to the exemption.\n- (A) a copy of the Commonwealth Gazette notice for the exemption; or\n- (B) a stated document or stated kind of document relating to the exemption.\n- (A) a copy of the Commonwealth Gazette notice for the exemption; or\n- (B) a stated document or stated kind of document relating to the exemption.","sortOrder":599},{"sectionNumber":"sec.380","sectionType":"section","heading":"Period for which fatigue record keeping exemption (notice) applies","content":"### sec.380 Period for which fatigue record keeping exemption (notice) applies\n\nA fatigue record keeping exemption (notice)—\ntakes effect—\nwhen the Commonwealth Gazette notice for the exemption is published; or\nif a later time is stated in the Commonwealth Gazette notice, at the later time; and\napplies for the period stated in the Commonwealth Gazette notice.\n- (a) takes effect— (i) when the Commonwealth Gazette notice for the exemption is published; or (ii) if a later time is stated in the Commonwealth Gazette notice, at the later time; and\n- (i) when the Commonwealth Gazette notice for the exemption is published; or\n- (ii) if a later time is stated in the Commonwealth Gazette notice, at the later time; and\n- (b) applies for the period stated in the Commonwealth Gazette notice.\n- (i) when the Commonwealth Gazette notice for the exemption is published; or\n- (ii) if a later time is stated in the Commonwealth Gazette notice, at the later time; and","sortOrder":600},{"sectionNumber":"sec.381","sectionType":"section","heading":"Requirements about Commonwealth Gazette notice","content":"### sec.381 Requirements about Commonwealth Gazette notice\n\nA Commonwealth Gazette notice for a fatigue record keeping exemption (notice) must state the following—\nthe class of work to which the exemption applies;\nthat record keepers for drivers of fatigue-regulated heavy vehicles who carry out the class of work are exempt from the requirement to comply with all or stated provisions of Division 3 for the work;\nthe conditions of the exemption;\nthe period for which the exemption applies.\nThe Regulator must publish a copy of the Commonwealth Gazette notice on the Regulator’s website.\n(sec.381-ssec.1) A Commonwealth Gazette notice for a fatigue record keeping exemption (notice) must state the following— the class of work to which the exemption applies; that record keepers for drivers of fatigue-regulated heavy vehicles who carry out the class of work are exempt from the requirement to comply with all or stated provisions of Division 3 for the work; the conditions of the exemption; the period for which the exemption applies.\n(sec.381-ssec.2) The Regulator must publish a copy of the Commonwealth Gazette notice on the Regulator’s website.\n- (a) the class of work to which the exemption applies;\n- (b) that record keepers for drivers of fatigue-regulated heavy vehicles who carry out the class of work are exempt from the requirement to comply with all or stated provisions of Division 3 for the work;\n- (c) the conditions of the exemption;\n- (d) the period for which the exemption applies.","sortOrder":601},{"sectionNumber":"sec.382","sectionType":"section","heading":"Amendment or cancellation of fatigue record keeping exemption (notice)","content":"### sec.382 Amendment or cancellation of fatigue record keeping exemption (notice)\n\nIt is a ground for amending or cancelling a fatigue record keeping exemption (notice) if, since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.\nIf the Regulator considers a ground exists to amend or cancel a fatigue record keeping exemption (notice), the Regulator may amend or cancel the exemption by complying with subsections (3) to (5) .\nThe Regulator must publish a public notice—\nstating that the Regulator believes a ground exists to amend or cancel the exemption; and\noutlining the facts and circumstances forming the basis for the belief; and\nstating the action the Regulator is proposing to take under this section (the proposed action ); and\ninviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.\nIf, after considering all written representations made under subsection (3) (d) , the Regulator still considers the circumstances in which the Regulator may grant the fatigue record keeping exemption (notice) are no longer satisfied, the Regulator may—\nif the proposed action was to amend the exemption—amend the exemption in a way that is not substantially different from the proposed action, including, for example, by—\namending the class of work to which the exemption applies; or\namending the conditions of the exemption; or\nif the proposed action was to cancel the exemption—\namend the exemption, including, for example, by amending the exemption in a way mentioned in paragraph (a) (i) or (ii) ; or\ncancel the exemption.\nThe Regulator must publish a public notice of the amendment or cancellation.\nThe amendment or cancellation takes effect—\n28 days after the Commonwealth Gazette notice is published under subsection (5) ; or\nif a later time is stated in the Commonwealth Gazette notice, at the later time.\nsch s 382 amd 2016 No. 65 s 131\n(sec.382-ssec.1) It is a ground for amending or cancelling a fatigue record keeping exemption (notice) if, since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.\n(sec.382-ssec.2) If the Regulator considers a ground exists to amend or cancel a fatigue record keeping exemption (notice), the Regulator may amend or cancel the exemption by complying with subsections (3) to (5) .\n(sec.382-ssec.3) The Regulator must publish a public notice— stating that the Regulator believes a ground exists to amend or cancel the exemption; and outlining the facts and circumstances forming the basis for the belief; and stating the action the Regulator is proposing to take under this section (the proposed action ); and inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.\n(sec.382-ssec.4) If, after considering all written representations made under subsection (3) (d) , the Regulator still considers the circumstances in which the Regulator may grant the fatigue record keeping exemption (notice) are no longer satisfied, the Regulator may— if the proposed action was to amend the exemption—amend the exemption in a way that is not substantially different from the proposed action, including, for example, by— amending the class of work to which the exemption applies; or amending the conditions of the exemption; or if the proposed action was to cancel the exemption— amend the exemption, including, for example, by amending the exemption in a way mentioned in paragraph (a) (i) or (ii) ; or cancel the exemption.\n(sec.382-ssec.5) The Regulator must publish a public notice of the amendment or cancellation.\n(sec.382-ssec.6) The amendment or cancellation takes effect— 28 days after the Commonwealth Gazette notice is published under subsection (5) ; or if a later time is stated in the Commonwealth Gazette notice, at the later time.\n- (a) stating that the Regulator believes a ground exists to amend or cancel the exemption; and\n- (b) outlining the facts and circumstances forming the basis for the belief; and\n- (c) stating the action the Regulator is proposing to take under this section (the proposed action ); and\n- (d) inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.\n- (a) if the proposed action was to amend the exemption—amend the exemption in a way that is not substantially different from the proposed action, including, for example, by— (i) amending the class of work to which the exemption applies; or (ii) amending the conditions of the exemption; or\n- (i) amending the class of work to which the exemption applies; or\n- (ii) amending the conditions of the exemption; or\n- (b) if the proposed action was to cancel the exemption— (i) amend the exemption, including, for example, by amending the exemption in a way mentioned in paragraph (a) (i) or (ii) ; or (ii) cancel the exemption.\n- (i) amend the exemption, including, for example, by amending the exemption in a way mentioned in paragraph (a) (i) or (ii) ; or\n- (ii) cancel the exemption.\n- (i) amending the class of work to which the exemption applies; or\n- (ii) amending the conditions of the exemption; or\n- (i) amend the exemption, including, for example, by amending the exemption in a way mentioned in paragraph (a) (i) or (ii) ; or\n- (ii) cancel the exemption.\n- (a) 28 days after the Commonwealth Gazette notice is published under subsection (5) ; or\n- (b) if a later time is stated in the Commonwealth Gazette notice, at the later time.","sortOrder":602},{"sectionNumber":"sec.383","sectionType":"section","heading":"Regulator’s power to exempt record keepers from fatigue record keeping requirements","content":"### sec.383 Regulator’s power to exempt record keepers from fatigue record keeping requirements\n\nThe Regulator may, by giving a person a permit as mentioned in section 387 , exempt, for a period of not more than 3 years, a record keeper for one or more drivers of a fatigue-regulated heavy vehicle from the requirement to comply with all or stated provisions of Division 3 .\nAn exemption under subsection (1) is a fatigue record keeping exemption (permit) .\nThe Regulator may grant a fatigue record keeping exemption (permit) to the operator of a fatigue-regulated heavy vehicle in combination with the operator’s BFM accreditation or AFM accreditation.\nThe Regulator may grant a fatigue record keeping exemption (permit)—\nin a way that does not cover all the drivers sought by the applicant; or\nsetting conditions different from those sought by the applicant.\nsch s 383 sub 2025 No. 26 s 97 (uncommenced amendment)\n(sec.383-ssec.1) The Regulator may, by giving a person a permit as mentioned in section 387 , exempt, for a period of not more than 3 years, a record keeper for one or more drivers of a fatigue-regulated heavy vehicle from the requirement to comply with all or stated provisions of Division 3 .\n(sec.383-ssec.2) An exemption under subsection (1) is a fatigue record keeping exemption (permit) .\n(sec.383-ssec.3) The Regulator may grant a fatigue record keeping exemption (permit) to the operator of a fatigue-regulated heavy vehicle in combination with the operator’s BFM accreditation or AFM accreditation.\n(sec.383-ssec.4) The Regulator may grant a fatigue record keeping exemption (permit)— in a way that does not cover all the drivers sought by the applicant; or setting conditions different from those sought by the applicant.\n- (a) in a way that does not cover all the drivers sought by the applicant; or\n- (b) setting conditions different from those sought by the applicant.","sortOrder":603},{"sectionNumber":"sec.384","sectionType":"section","heading":"Application for fatigue record keeping exemption (permit)","content":"### sec.384 Application for fatigue record keeping exemption (permit)\n\nThe record keeper for a driver of a fatigue-regulated heavy vehicle may apply to the Regulator for a fatigue record keeping exemption (permit).\nThe application must—\nbe in the approved form; and\nstate the following—\nthe period for which the exemption is sought;\nany conditions for the exemption sought by the applicant;\nthe name and details of each driver of a fatigue-regulated heavy vehicle to whom the exemption sought is to apply;\nany other details prescribed by the national regulations; and\nbe accompanied by the prescribed fee for the application.\nThe Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\nIn deciding whether or not to grant a fatigue record keeping exemption (permit), the Regulator must comply with any requirements prescribed by the national regulations for the purposes of this subsection and have regard to the approved guidelines for granting fatigue record keeping exemptions.\nsch s 384 om 2025 No. 26 s 97 (uncommenced amendment)\n(sec.384-ssec.1) The record keeper for a driver of a fatigue-regulated heavy vehicle may apply to the Regulator for a fatigue record keeping exemption (permit).\n(sec.384-ssec.2) The application must— be in the approved form; and state the following— the period for which the exemption is sought; any conditions for the exemption sought by the applicant; the name and details of each driver of a fatigue-regulated heavy vehicle to whom the exemption sought is to apply; any other details prescribed by the national regulations; and be accompanied by the prescribed fee for the application.\n(sec.384-ssec.3) The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\n(sec.384-ssec.4) In deciding whether or not to grant a fatigue record keeping exemption (permit), the Regulator must comply with any requirements prescribed by the national regulations for the purposes of this subsection and have regard to the approved guidelines for granting fatigue record keeping exemptions.\n- (a) be in the approved form; and\n- (b) state the following— (i) the period for which the exemption is sought; (ii) any conditions for the exemption sought by the applicant; (iii) the name and details of each driver of a fatigue-regulated heavy vehicle to whom the exemption sought is to apply; (iv) any other details prescribed by the national regulations; and\n- (i) the period for which the exemption is sought;\n- (ii) any conditions for the exemption sought by the applicant;\n- (iii) the name and details of each driver of a fatigue-regulated heavy vehicle to whom the exemption sought is to apply;\n- (iv) any other details prescribed by the national regulations; and\n- (c) be accompanied by the prescribed fee for the application.\n- (i) the period for which the exemption is sought;\n- (ii) any conditions for the exemption sought by the applicant;\n- (iii) the name and details of each driver of a fatigue-regulated heavy vehicle to whom the exemption sought is to apply;\n- (iv) any other details prescribed by the national regulations; and","sortOrder":604},{"sectionNumber":"sec.385","sectionType":"section","heading":"Conditions of fatigue record keeping exemption (permit)","content":"### sec.385 Conditions of fatigue record keeping exemption (permit)\n\nA fatigue record keeping exemption (permit)—\nis subject to conditions prescribed by the national regulations for the exemption; and\nmay be subject to any other conditions the Regulator considers appropriate, including, for example—\na condition about the information to be included in records about the work carried out by drivers of fatigue-regulated heavy vehicles to whom the exemption applies; and\na condition about how the records are to be made; and\na condition that a record keeper for the driver of a fatigue-regulated heavy vehicle who is operating under the exemption must keep in the record keeper’s possession—\nthe permit for the exemption; or\na stated document or stated kind of document relating to the exemption.\nsch s 385 om 2025 No. 26 s 97 (uncommenced amendment)\n- (a) is subject to conditions prescribed by the national regulations for the exemption; and\n- (b) may be subject to any other conditions the Regulator considers appropriate, including, for example— (i) a condition about the information to be included in records about the work carried out by drivers of fatigue-regulated heavy vehicles to whom the exemption applies; and (ii) a condition about how the records are to be made; and (iii) a condition that a record keeper for the driver of a fatigue-regulated heavy vehicle who is operating under the exemption must keep in the record keeper’s possession— (A) the permit for the exemption; or (B) a stated document or stated kind of document relating to the exemption.\n- (i) a condition about the information to be included in records about the work carried out by drivers of fatigue-regulated heavy 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-regulated heavy vehicle who is operating under the exemption must keep in the record keeper’s possession— (A) the permit for the exemption; or (B) a stated document or stated kind of document relating to the exemption.\n- (A) the permit for the exemption; or\n- (B) a stated document or stated kind of document relating to the exemption.\n- (i) a condition about the information to be included in records about the work carried out by drivers of fatigue-regulated heavy 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-regulated heavy vehicle who is operating under the exemption must keep in the record keeper’s possession— (A) the permit for the exemption; or (B) a stated document or stated kind of document relating to the exemption.\n- (A) the permit for the exemption; or\n- (B) a stated document or stated kind of document relating to the exemption.\n- (A) the permit for the exemption; or\n- (B) a stated document or stated kind of document relating to the exemption.","sortOrder":605},{"sectionNumber":"sec.386","sectionType":"section","heading":"Period for which fatigue record keeping exemption (permit) applies","content":"### sec.386 Period for which fatigue record keeping exemption (permit) applies\n\nA fatigue record keeping exemption (permit) applies for the period stated in the permit for the exemption.\nThe period may be less than the period sought by the applicant for the fatigue record keeping exemption (permit).\nsch s 386 om 2025 No. 26 s 97 (uncommenced amendment)\n(sec.386-ssec.1) A fatigue record keeping exemption (permit) applies for the period stated in the permit for the exemption.\n(sec.386-ssec.2) The period may be less than the period sought by the applicant for the fatigue record keeping exemption (permit).","sortOrder":606},{"sectionNumber":"sec.387","sectionType":"section","heading":"Permit for fatigue record keeping exemption (permit) etc.","content":"### sec.387 Permit for fatigue record keeping exemption (permit) etc.\n\nIf the Regulator grants a fatigue record keeping exemption (permit) to a person, the Regulator must give the person—\na permit for the exemption; and\nif the Regulator has imposed conditions on the exemption under section 385 or has granted the exemption for a period less than the period of not more than 3 years sought by the person—an information notice for the decision to impose the conditions or grant the exemption for the shorter period.\nA permit for a fatigue record keeping exemption (permit) must state the following—\nthe name of the drivers of fatigue-regulated heavy vehicles to whom the permit applies;\nthe conditions of the exemption;\nthe period for which the exemption applies.\nsch s 387 om 2025 No. 26 s 97 (uncommenced amendment)\n(sec.387-ssec.1) If the Regulator grants a fatigue record keeping exemption (permit) to a person, the Regulator must give the person— a permit for the exemption; and if the Regulator has imposed conditions on the exemption under section 385 or has granted the exemption for a period less than the period of not more than 3 years sought by the person—an information notice for the decision to impose the conditions or grant the exemption for the shorter period.\n(sec.387-ssec.2) A permit for a fatigue record keeping exemption (permit) must state the following— the name of the drivers of fatigue-regulated heavy vehicles to whom the permit applies; the conditions of the exemption; the period for which the exemption applies.\n- (a) a permit for the exemption; and\n- (b) if the Regulator has imposed conditions on the exemption under section 385 or has granted the exemption for a period less than the period of not more than 3 years sought by the person—an information notice for the decision to impose the conditions or grant the exemption for the shorter period.\n- (a) the name of the drivers of fatigue-regulated heavy vehicles to whom the permit applies;\n- (b) the conditions of the exemption;\n- (c) the period for which the exemption applies.","sortOrder":607},{"sectionNumber":"sec.388","sectionType":"section","heading":"Refusal of application for fatigue record keeping exemption (permit)","content":"### sec.388 Refusal of application for fatigue record keeping exemption (permit)\n\nIf the Regulator refuses an application for a fatigue record keeping exemption (permit), the Regulator must give the applicant an information notice for the decision to refuse the application.\nsch s 388 om 2025 No. 26 s 97 (uncommenced amendment)","sortOrder":608},{"sectionNumber":"sec.389","sectionType":"section","heading":"Amendment or cancellation of fatigue record keeping exemption (permit) on application by permit holder","content":"### sec.389 Amendment or cancellation of fatigue record keeping exemption (permit) on application by permit holder\n\nThe holder of a permit for a fatigue record keeping exemption (permit) may apply to the Regulator for an amendment or cancellation of the exemption.\nThe application must—\nbe in the approved form; and\nbe accompanied by the prescribed fee for the application; and\nif the application is for an amendment—state clearly the amendment sought and the reasons for the amendment; and\nbe accompanied by the permit.\nThe Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\nThe Regulator must decide the application as soon as practicable after receiving it.\nIf the Regulator decides to grant the application—\nthe Regulator must give the applicant notice of the decision; and\nthe amendment or cancellation takes effect—\nwhen notice of the decision is given to the applicant; or\nif a later time is stated in the notice, at the later time; and\nif the Regulator amended the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended.\nIf the Regulator decides not to amend or cancel the exemption as sought by the applicant, the Regulator must—\ngive the applicant an information notice for the decision; and\nreturn the permit for the exemption to the applicant.\nsch s 389 om 2025 No. 26 s 97 (uncommenced amendment)\n(sec.389-ssec.1) The holder of a permit for a fatigue record keeping exemption (permit) may apply to the Regulator for an amendment or cancellation of the exemption.\n(sec.389-ssec.2) The application must— be in the approved form; and be accompanied by the prescribed fee for the application; and if the application is for an amendment—state clearly the amendment sought and the reasons for the amendment; and be accompanied by the permit.\n(sec.389-ssec.3) The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\n(sec.389-ssec.4) The Regulator must decide the application as soon as practicable after receiving it.\n(sec.389-ssec.5) If the Regulator decides to grant the application— the Regulator must give the applicant notice of the decision; and the amendment or cancellation takes effect— when notice of the decision is given to the applicant; or if a later time is stated in the notice, at the later time; and if the Regulator amended the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended.\n(sec.389-ssec.6) If the Regulator decides not to amend or cancel the exemption as sought by the applicant, the Regulator must— give the applicant an information notice for the decision; and return the permit for the exemption to the applicant.\n- (a) be in the approved form; and\n- (b) be accompanied by the prescribed fee for the application; and\n- (c) if the application is for an amendment—state clearly the amendment sought and the reasons for the amendment; and\n- (d) be accompanied by the permit.\n- (a) the Regulator must give the applicant notice of the decision; and\n- (b) the amendment or cancellation takes effect— (i) when notice of the decision is given to the applicant; or (ii) if a later time is stated in the notice, at the later time; and\n- (i) when notice of the decision is given to the applicant; or\n- (ii) if a later time is stated in the notice, at the later time; and\n- (c) if the Regulator amended the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended.\n- (i) when notice of the decision is given to the applicant; or\n- (ii) if a later time is stated in the notice, at the later time; and\n- (a) give the applicant an information notice for the decision; and\n- (b) return the permit for the exemption to the applicant.","sortOrder":609},{"sectionNumber":"sec.390","sectionType":"section","heading":"Amendment or cancellation of fatigue record keeping exemption (permit) on Regulator’s initiative","content":"### sec.390 Amendment or cancellation of fatigue record keeping exemption (permit) on Regulator’s initiative\n\nEach of the following is a ground for amending or cancelling a fatigue record keeping exemption (permit)—\nthe exemption was granted because of a document or representation that was—\nfalse or misleading; or\nobtained or made in an improper way;\nthe holder of the permit for the exemption has contravened this Law or a corresponding fatigue law;\na driver of a fatigue-regulated heavy vehicle to whom the exemption applies has contravened this Law or a corresponding fatigue law;\nsince the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.\nIf the Regulator considers a ground exists to amend or cancel a fatigue record keeping exemption (permit) (the proposed action ), the Regulator must give the holder of the permit for the exemption a notice—\nstating the proposed action; and\nstating the ground for the proposed action; and\noutlining the facts and circumstances forming the basis for the ground; and\nif the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and\ninviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.\nIf, after considering all written representations made under subsection (2) (e) , the Regulator still considers a ground exists to take the proposed action, the Regulator may—\nif the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or\nif the proposed action was to cancel the exemption—\namend the exemption, including, for example, by imposing additional conditions on the exemption; or\ncancel the exemption.\nThe Regulator must give the holder an information notice for the decision.\nThe amendment or cancellation takes effect—\nwhen the information notice is given to the holder; or\nif a later time is stated in the information notice, at the later time.\nsch s 390 om 2025 No. 26 s 97 (uncommenced amendment)\n(sec.390-ssec.1) Each of the following is a ground for amending or cancelling a fatigue record keeping exemption (permit)— the exemption was granted because of a document or representation that was— false or misleading; or obtained or made in an improper way; the holder of the permit for the exemption has contravened this Law or a corresponding fatigue law; a driver of a fatigue-regulated heavy vehicle to whom the exemption applies has contravened this Law or a corresponding fatigue law; since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.\n(sec.390-ssec.2) If the Regulator considers a ground exists to amend or cancel a fatigue record keeping exemption (permit) (the proposed action ), the Regulator must give the holder of the permit for the exemption a notice— stating the proposed action; and stating the ground for the proposed action; and outlining the facts and circumstances forming the basis for the ground; and if the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.\n(sec.390-ssec.3) If, after considering all written representations made under subsection (2) (e) , the Regulator still considers a ground exists to take the proposed action, the Regulator may— if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or if the proposed action was to cancel the exemption— amend the exemption, including, for example, by imposing additional conditions on the exemption; or cancel the exemption.\n(sec.390-ssec.4) The Regulator must give the holder an information notice for the decision.\n(sec.390-ssec.5) The amendment or cancellation takes effect— when the information notice is given to the holder; or if a later time is stated in the information notice, at the later time.\n- (a) the exemption was granted because of a document or representation that was— (i) false or misleading; or (ii) obtained or made in an improper way;\n- (i) false or misleading; or\n- (ii) obtained or made in an improper way;\n- (b) the holder of the permit for the exemption has contravened this Law or a corresponding fatigue law;\n- (c) a driver of a fatigue-regulated heavy vehicle to whom the exemption applies has contravened this Law or a corresponding fatigue law;\n- (d) since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.\n- (i) false or misleading; or\n- (ii) obtained or made in an improper way;\n- (a) stating the proposed action; and\n- (b) stating the ground for the proposed action; and\n- (c) outlining the facts and circumstances forming the basis for the ground; and\n- (d) if the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and\n- (e) inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.\n- (a) if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or\n- (b) if the proposed action was to cancel the exemption— (i) amend the exemption, including, for example, by imposing additional conditions on the exemption; or (ii) cancel the exemption.\n- (i) amend the exemption, including, for example, by imposing additional conditions on the exemption; or\n- (ii) cancel the exemption.\n- (i) amend the exemption, including, for example, by imposing additional conditions on the exemption; or\n- (ii) cancel the exemption.\n- (a) when the information notice is given to the holder; or\n- (b) if a later time is stated in the information notice, at the later time.","sortOrder":610},{"sectionNumber":"sec.391","sectionType":"section","heading":"Minor amendment of fatigue record keeping exemption (permit)","content":"### sec.391 Minor amendment of fatigue record keeping exemption (permit)\n\nThe Regulator may, by notice given to the holder of a permit for a fatigue record keeping exemption (permit), amend the exemption in a minor respect—\nfor a formal or clerical reason; or\nin another way that does not adversely affect the holder’s interests.\nsch s 391 om 2025 No. 26 s 97 (uncommenced amendment)\n- (a) for a formal or clerical reason; or\n- (b) in another way that does not adversely affect the holder’s interests.","sortOrder":611},{"sectionNumber":"sec.392","sectionType":"section","heading":"Return of permit","content":"### sec.392 Return of permit\n\nIf a person’s fatigue record keeping exemption (permit) is amended or cancelled, the Regulator may, by notice given to the person, require the person to return the person’s permit for the exemption to the Regulator.\nThe person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period.\nMaximum penalty—$6000.\nIf the exemption has been amended, the Regulator must give the person a replacement permit for the exemption as amended.\nsch s 392 om 2025 No. 26 s 97 (uncommenced amendment)\n(sec.392-ssec.1) If a person’s fatigue record keeping exemption (permit) is amended or cancelled, the Regulator may, by notice given to the person, require the person to return the person’s permit for the exemption to the Regulator.\n(sec.392-ssec.2) The person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period. Maximum penalty—$6000.\n(sec.392-ssec.3) If the exemption has been amended, the Regulator must give the person a replacement permit for the exemption as amended.","sortOrder":612},{"sectionNumber":"sec.393","sectionType":"section","heading":"Replacement of defaced etc. permit","content":"### sec.393 Replacement of defaced etc. permit\n\nIf a person’s permit for a fatigue record keeping exemption (permit) is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement permit.\nMaximum penalty—$4000.\nIf the Regulator is satisfied the permit has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement permit as soon as practicable.\nIf the Regulator decides not to give a replacement permit to the person, the Regulator must give the person an information notice for the decision.\nsch s 393 om 2025 No. 26 s 97 (uncommenced amendment)\n(sec.393-ssec.1) If a person’s permit for a fatigue record keeping exemption (permit) is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement permit. Maximum penalty—$4000.\n(sec.393-ssec.2) If the Regulator is satisfied the permit has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement permit as soon as practicable.\n(sec.393-ssec.3) If the Regulator decides not to give a replacement permit to the person, the Regulator must give the person an information notice for the decision.","sortOrder":613},{"sectionNumber":"sec.394","sectionType":"section","heading":"Exemptions from provisions of Division 3","content":"### sec.394 Exemptions from provisions of Division 3\n\nThe national regulations may provide for the exemption of record keepers for drivers of fatigue-regulated heavy vehicles from the requirement to comply with all or stated provisions of Division 3 .\nWithout limiting subsection (1) , the national regulations may prescribe matters about—\none or more classes of record keepers for which an exemption is to apply; and\none or more classes of drivers of fatigue-regulated heavy vehicles for which an exemption is to apply; and\nconditions to which an exemption is to be subject.\n(sec.394-ssec.1) The national regulations may provide for the exemption of record keepers for drivers of fatigue-regulated heavy vehicles from the requirement to comply with all or stated provisions of Division 3 .\n(sec.394-ssec.2) Without limiting subsection (1) , the national regulations may prescribe matters about— one or more classes of record keepers for which an exemption is to apply; and one or more classes of drivers of fatigue-regulated heavy vehicles for which an exemption is to apply; and conditions to which an exemption is to be subject.\n- (a) one or more classes of record keepers for which an exemption is to apply; and\n- (b) one or more classes of drivers of fatigue-regulated heavy vehicles for which an exemption is to apply; and\n- (c) conditions to which an exemption is to be subject.","sortOrder":614},{"sectionNumber":"sec.395","sectionType":"section","heading":"Contravening condition of fatigue record keeping exemption","content":"### sec.395 Contravening condition of fatigue record keeping exemption\n\nA person must not contravene a condition of a fatigue record keeping exemption.\nMaximum penalty—$6000.","sortOrder":615},{"sectionNumber":"sch-inc-ch.6-pt.6.4-div.9","sectionType":"division","heading":"Requirements about odometers","content":"## Requirements about odometers","sortOrder":616},{"sectionNumber":"sec.396","sectionType":"section","heading":"Owner must maintain odometer","content":"### sec.396 Owner must maintain odometer\n\nThe national regulations may require the fitting and maintenance of an odometer to a fatigue-regulated heavy vehicle.\nAn owner of a fatigue-regulated heavy vehicle required by the national regulations to be fitted with an odometer must maintain the odometer in accordance with the requirements prescribed by the national regulations, unless the owner has a reasonable excuse.\nMaximum penalty—$6000.\nsch s 396 amd 2016 No. 65 s 68\n(sec.396-ssec.1) The national regulations may require the fitting and maintenance of an odometer to a fatigue-regulated heavy vehicle.\n(sec.396-ssec.2) An owner of a fatigue-regulated heavy vehicle required by the national regulations to be fitted with an odometer must maintain the odometer in accordance with the requirements prescribed by the national regulations, unless the owner has a reasonable excuse. Maximum penalty—$6000.","sortOrder":617},{"sectionNumber":"sec.397","sectionType":"section","heading":"Driver must report malfunctioning odometer","content":"### sec.397 Driver must report malfunctioning odometer\n\nThis section applies if the driver of a fatigue-regulated heavy vehicle becomes aware or has reason to suspect an odometer fitted to the vehicle is malfunctioning or has malfunctioned.\nThe driver must inform the following persons of the matter within 2 business days—\neach owner of the vehicle;\nthe driver’s employer if the driver is an employed driver;\neach operator of the vehicle.\nMaximum penalty—$3000.\nSubsection (2) does not apply to the driver of a fatigue-regulated heavy vehicle in relation to a malfunction of an odometer if another driver of the vehicle has complied with the subsection in relation to the malfunction.\n(sec.397-ssec.1) This section applies if the driver of a fatigue-regulated heavy vehicle becomes aware or has reason to suspect an odometer fitted to the vehicle is malfunctioning or has malfunctioned.\n(sec.397-ssec.2) The driver must inform the following persons of the matter within 2 business days— each owner of the vehicle; the driver’s employer if the driver is an employed driver; each operator of the vehicle. Maximum penalty—$3000.\n(sec.397-ssec.3) Subsection (2) does not apply to the driver of a fatigue-regulated heavy vehicle in relation to a malfunction of an odometer if another driver of the vehicle has complied with the subsection in relation to the malfunction.\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.","sortOrder":618},{"sectionNumber":"sec.398","sectionType":"section","heading":"What owner must do if odometer malfunctioning","content":"### sec.398 What owner must do if odometer malfunctioning\n\nThis section applies if an owner of a fatigue-regulated heavy vehicle is informed under section 397 of malfunctioning or suspected malfunctioning of the vehicle’s odometer.\nThe owner must, as soon as reasonably practicable after being informed of the matter, ensure the odometer is examined and brought into working order.\nMaximum penalty—$6000.\nsch s 398 amd 2016 No. 65 s 69\n(sec.398-ssec.1) This section applies if an owner of a fatigue-regulated heavy vehicle is informed under section 397 of malfunctioning or suspected malfunctioning of the vehicle’s odometer.\n(sec.398-ssec.2) The owner must, as soon as reasonably practicable after being informed of the matter, ensure the odometer is examined and brought into working order. Maximum penalty—$6000.","sortOrder":619},{"sectionNumber":"sec.399","sectionType":"section","heading":"What employer or operator must do if odometer malfunctioning","content":"### sec.399 What employer or operator must do if odometer malfunctioning\n\nThis section applies if an employer of the driver of a fatigue-regulated heavy vehicle or an operator of a fatigue-regulated heavy vehicle is informed under section 397 of malfunctioning or suspected malfunctioning of the vehicle’s odometer.\nThe employer or operator must not, without a reasonable excuse, drive, or permit another person to drive, the fatigue-regulated heavy vehicle unless the owner of the vehicle has complied with section 398 .\nMaximum penalty—$6000.\nsch s 399 amd 2016 No. 65 s 70\n(sec.399-ssec.1) This section applies if an employer of the driver of a fatigue-regulated heavy vehicle or an operator of a fatigue-regulated heavy vehicle is informed under section 397 of malfunctioning or suspected malfunctioning of the vehicle’s odometer.\n(sec.399-ssec.2) The employer or operator must not, without a reasonable excuse, drive, or permit another person to drive, the fatigue-regulated heavy vehicle unless the owner of the vehicle has complied with section 398 . Maximum penalty—$6000.","sortOrder":620},{"sectionNumber":"sch-inc-ch.7-pt.7.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":621},{"sectionNumber":"sec.400","sectionType":"section","heading":"Main purposes of Ch 7","content":"### sec.400 Main purposes of Ch 7\n\nThe main purposes of this Chapter are—\nto ensure the integrity of systems used for compliance with intelligent access program conditions; and\nto provide for appropriate collection, keeping and handling of intelligent access program information.\nThe purpose mentioned in subsection (1) (a) is achieved by—\nrequiring particular entities to report relevant contraventions for intelligent access program vehicles; and\nrequiring particular entities to report tampering or suspected tampering with, or malfunctioning of, approved intelligent transport systems; and\nprohibiting persons from tampering with approved intelligent transport systems; and\ngiving particular entities functions and powers to audit the activities of intelligent access program service providers.\nThe purpose mentioned in subsection (1) (b) is achieved by—\nallowing entities to collect, hold, use and disclose intelligent access program information for only limited purposes and subject to restrictions; and\nrequiring entities with monitoring or auditing functions to ensure intelligent access program information collected is accurate, complete and up to date; and\nrequiring entities who collect intelligent access program information to protect the information and destroy it when it is no longer required by the entities; and\nproviding for persons about whom an entity holds personal information to have access to the information and have it corrected in appropriate circumstances.\nsch s 400 amd 2016 No. 65 s 139\n(sec.400-ssec.1) The main purposes of this Chapter are— to ensure the integrity of systems used for compliance with intelligent access program conditions; and to provide for appropriate collection, keeping and handling of intelligent access program information.\n(sec.400-ssec.2) The purpose mentioned in subsection (1) (a) is achieved by— requiring particular entities to report relevant contraventions for intelligent access program vehicles; and requiring particular entities to report tampering or suspected tampering with, or malfunctioning of, approved intelligent transport systems; and prohibiting persons from tampering with approved intelligent transport systems; and giving particular entities functions and powers to audit the activities of intelligent access program service providers.\n(sec.400-ssec.3) The purpose mentioned in subsection (1) (b) is achieved by— allowing entities to collect, hold, use and disclose intelligent access program information for only limited purposes and subject to restrictions; and requiring entities with monitoring or auditing functions to ensure intelligent access program information collected is accurate, complete and up to date; and requiring entities who collect intelligent access program information to protect the information and destroy it when it is no longer required by the entities; and providing for persons about whom an entity holds personal information to have access to the information and have it corrected in appropriate circumstances.\n- (a) to ensure the integrity of systems used for compliance with intelligent access program conditions; and\n- (b) to provide for appropriate collection, keeping and handling of intelligent access program information.\n- (a) requiring particular entities to report relevant contraventions for intelligent access program vehicles; and\n- (b) requiring particular entities to report tampering or suspected tampering with, or malfunctioning of, approved intelligent transport systems; and\n- (c) prohibiting persons from tampering with approved intelligent transport systems; and\n- (d) giving particular entities functions and powers to audit the activities of intelligent access program service providers.\n- (a) allowing entities to collect, hold, use and disclose intelligent access program information for only limited purposes and subject to restrictions; and\n- (b) requiring entities with monitoring or auditing functions to ensure intelligent access program information collected is accurate, complete and up to date; and\n- (c) requiring entities who collect intelligent access program information to protect the information and destroy it when it is no longer required by the entities; and\n- (d) providing for persons about whom an entity holds personal information to have access to the information and have it corrected in appropriate circumstances.","sortOrder":622},{"sectionNumber":"sec.401","sectionType":"section","heading":"What the Intelligent Access Program is","content":"### sec.401 What the Intelligent Access Program is\n\nThe Intelligent Access Program is a program to allow heavy vehicles to have access, or improved access, to the road network in return for monitoring, by an intelligent transport system, of their compliance with stated access conditions.","sortOrder":623},{"sectionNumber":"sec.402","sectionType":"section","heading":"Application of Ch 7","content":"### sec.402 Application of Ch 7\n\nThis Chapter applies in relation to a heavy vehicle for which a mass or dimension authority is in force with the following conditions ( intelligent access program conditions )—\na condition about the areas or routes to which the authority applies;\nconditions about the use of a heavy vehicle on a road under the authority, including, for example, conditions about one or more of the following—\nthe maximum permissible mass of the vehicle, or the vehicle together with its load, while it is being used on the road under the authority;\nthe times when the vehicle may be used on the road under the authority;\nthe maximum speed at which the vehicle may be driven on the road under the authority;\nconditions that—\na heavy vehicle’s compliance with the conditions mentioned in paragraphs (a) and (b) is monitored by an approved intelligent transport system used by an intelligent access program service provider; and\nany noncompliance reports made by the system are sent to the Regulator within a stated period.\nThis Chapter also applies in relation to a heavy vehicle for which an HML authority is in force with the conditions (also intelligent access program conditions ) that—\neither or both of the following is monitored by an approved intelligent transport system used by an intelligent access program service provider—\nthe roads on which the vehicle is used under the higher mass limits;\nthe vehicle’s compliance with conditions about the use of a heavy vehicle on a road under the higher mass limits, including, for example, conditions about one or more of the following—\nthe times when the vehicle may be driven on the road under the higher mass limits;\nthe maximum speed at which the vehicle may be driven on the road under the higher mass limits; and\nany noncompliance reports made by the system are sent to the Regulator within a stated period.\nsch s 402 amd 2016 No. 65 s 139\n(sec.402-ssec.1) This Chapter applies in relation to a heavy vehicle for which a mass or dimension authority is in force with the following conditions ( intelligent access program conditions )— a condition about the areas or routes to which the authority applies; conditions about the use of a heavy vehicle on a road under the authority, including, for example, conditions about one or more of the following— the maximum permissible mass of the vehicle, or the vehicle together with its load, while it is being used on the road under the authority; the times when the vehicle may be used on the road under the authority; the maximum speed at which the vehicle may be driven on the road under the authority; conditions that— a heavy vehicle’s compliance with the conditions mentioned in paragraphs (a) and (b) is monitored by an approved intelligent transport system used by an intelligent access program service provider; and any noncompliance reports made by the system are sent to the Regulator within a stated period.\n(sec.402-ssec.2) This Chapter also applies in relation to a heavy vehicle for which an HML authority is in force with the conditions (also intelligent access program conditions ) that— either or both of the following is monitored by an approved intelligent transport system used by an intelligent access program service provider— the roads on which the vehicle is used under the higher mass limits; the vehicle’s compliance with conditions about the use of a heavy vehicle on a road under the higher mass limits, including, for example, conditions about one or more of the following— the times when the vehicle may be driven on the road under the higher mass limits; the maximum speed at which the vehicle may be driven on the road under the higher mass limits; and any noncompliance reports made by the system are sent to the Regulator within a stated period.\n- (a) a condition about the areas or routes to which the authority applies;\n- (b) conditions about the use of a heavy vehicle on a road under the authority, including, for example, conditions about one or more of the following— (i) the maximum permissible mass of the vehicle, or the vehicle together with its load, while it is being used on the road under the authority; (ii) the times when the vehicle may be used on the road under the authority; (iii) the maximum speed at which the vehicle may be driven on the road under the authority;\n- (i) the maximum permissible mass of the vehicle, or the vehicle together with its load, while it is being used on the road under the authority;\n- (ii) the times when the vehicle may be used on the road under the authority;\n- (iii) the maximum speed at which the vehicle may be driven on the road under the authority;\n- (c) conditions that— (i) a heavy vehicle’s compliance with the conditions mentioned in paragraphs (a) and (b) is monitored by an approved intelligent transport system used by an intelligent access program service provider; and (ii) any noncompliance reports made by the system are sent to the Regulator within a stated period.\n- (i) a heavy vehicle’s compliance with the conditions mentioned in paragraphs (a) and (b) is monitored by an approved intelligent transport system used by an intelligent access program service provider; and\n- (ii) any noncompliance reports made by the system are sent to the Regulator within a stated period.\n- (i) the maximum permissible mass of the vehicle, or the vehicle together with its load, while it is being used on the road under the authority;\n- (ii) the times when the vehicle may be used on the road under the authority;\n- (iii) the maximum speed at which the vehicle may be driven on the road under the authority;\n- (i) a heavy vehicle’s compliance with the conditions mentioned in paragraphs (a) and (b) is monitored by an approved intelligent transport system used by an intelligent access program service provider; and\n- (ii) any noncompliance reports made by the system are sent to the Regulator within a stated period.\n- (a) either or both of the following is monitored by an approved intelligent transport system used by an intelligent access program service provider— (i) the roads on which the vehicle is used under the higher mass limits; (ii) the vehicle’s compliance with conditions about the use of a heavy vehicle on a road under the higher mass limits, including, for example, conditions about one or more of the following— (A) the times when the vehicle may be driven on the road under the higher mass limits; (B) the maximum speed at which the vehicle may be driven on the road under the higher mass limits; and\n- (i) the roads on which the vehicle is used under the higher mass limits;\n- (ii) the vehicle’s compliance with conditions about the use of a heavy vehicle on a road under the higher mass limits, including, for example, conditions about one or more of the following— (A) the times when the vehicle may be driven on the road under the higher mass limits; (B) the maximum speed at which the vehicle may be driven on the road under the higher mass limits; and\n- (A) the times when the vehicle may be driven on the road under the higher mass limits;\n- (B) the maximum speed at which the vehicle may be driven on the road under the higher mass limits; and\n- (b) any noncompliance reports made by the system are sent to the Regulator within a stated period.\n- (i) the roads on which the vehicle is used under the higher mass limits;\n- (ii) the vehicle’s compliance with conditions about the use of a heavy vehicle on a road under the higher mass limits, including, for example, conditions about one or more of the following— (A) the times when the vehicle may be driven on the road under the higher mass limits; (B) the maximum speed at which the vehicle may be driven on the road under the higher mass limits; and\n- (A) the times when the vehicle may be driven on the road under the higher mass limits;\n- (B) the maximum speed at which the vehicle may be driven on the road under the higher mass limits; and\n- (A) the times when the vehicle may be driven on the road under the higher mass limits;\n- (B) the maximum speed at which the vehicle may be driven on the road under the higher mass limits; and","sortOrder":624},{"sectionNumber":"sec.403","sectionType":"section","heading":"Definitions for Ch 7","content":"### sec.403 Definitions for Ch 7\n\nIn this Chapter—\napproved intelligent transport system means an intelligent transport system approved by TCA, for the purposes of the Intelligent Access Program, for use by an intelligent access program service provider to monitor the relevant monitoring matters for an intelligent access program vehicle.\nsch s 403 def approved intelligent transport system amd 2016 No. 65 s 139\nhigher mass limits means the higher mass limits applying under the mass requirements.\nHML authority means a declaration made, or permit granted, under the national regulations allowing a heavy vehicle to be used on a road under the higher mass limits.\nIntelligent Access Program has the meaning given in section 401 .\nintelligent access program agreement means an agreement between the operator of a heavy vehicle and an intelligent access program service provider under which the service provider agrees to monitor, by using an approved intelligent transport system, the relevant monitoring matters for the vehicle.\nsch s 403 def intelligent access program agreement amd 2016 No. 65 s 139\nintelligent access program audit means the process of doing 1 or more of the following—\nreviewing intelligent access program information held by an intelligent access program service provider to assess whether the information is accurate, complete and up to date;\nreviewing the processes by which intelligent access program information held by an intelligent access program service provider is generated, recorded, stored, displayed, analysed, transmitted and reported;\nexamining how intelligent access program information held by an intelligent access program service provider is used and disclosed by the service provider;\nexamining an approved intelligent transport system.\nsch s 403 def intelligent access program audit amd 2016 No. 65 s 139\nintelligent access program conditions has the meaning given by section 402 .\nsch s 403 def intelligent access program conditions amd 2016 No. 65 s 139\nintelligent access program information means information generated, recorded, stored, displayed, analysed, transmitted or reported by an approved intelligent transport system for any purpose relating to the Intelligent Access Program.\nsch s 403 def intelligent access program information amd 2016 No. 65 s 139\nintelligent access program service provider means a person certified by TCA as a service provider for monitoring, by using an approved intelligent transport system, the relevant monitoring matters for an intelligent access program vehicle.\nsch s 403 def intelligent access program service provider amd 2016 No. 65 s 139\nintelligent access program vehicle means a heavy vehicle—\nfor which a mass or dimension exemption is in force with intelligent access program conditions (as referred to in section 402 (1) ); or\nfor which an HML authority is in force with intelligent access program conditions (as referred to in section 402 (2) ).\nsch s 403 def intelligent access program vehicle amd 2016 No. 65 s 139\nlaw enforcement purposes means the purposes of investigating or prosecuting an offence against an Australian road law.\nmalfunction , in relation to an approved intelligent transport system, means the system—\nceases to work at all, or works only intermittently; or\ndoes not perform one or more functions required under the Intelligent Access Program; or\nperforms a function mentioned in paragraph (b) —\nonly intermittently; or\nin a way that the results of it doing so are inaccurate or unreliable, including intermittently inaccurate or unreliable.\nnoncompliance report means a report made by an approved intelligent transport system that reports either or both of the following—\na relevant contravention for an intelligent access program vehicle;\napparent tampering with, or malfunctioning of, the system.\nsch s 403 def noncompliance report amd 2016 No. 65 s 139\npersonal information means personal information that is intelligent access program information or otherwise collected for the purposes of this Chapter.\nSee also definition personal information in section 5 .\nsch s 403 def personal information amd 2016 No. 65 s 139\nrelevant contravention means—\nfor an intelligent access program vehicle used under a mass or dimension exemption—the vehicle’s contravention of conditions mentioned in section 402 (1) (a) or (b) applying to the vehicle; or\nfor an intelligent access program vehicle used under the higher mass limits—\nthe vehicle’s use under the higher mass limits on a road to which the higher mass limits do not apply; or\nthe vehicle’s contravention of a condition about the use of the vehicle on a road under the higher mass limits.\nsch s 403 def relevant contravention amd 2016 No. 65 s 139\nrelevant monitoring matters means—\nfor a heavy vehicle used under a mass or dimension exemption—the vehicle’s compliance with conditions mentioned in section 402 (1) (a) or (b) applying to the vehicle; or\nfor a heavy vehicle used under the higher mass limits—the matters mentioned in section 402 (2) (a) (i) or (ii) for the vehicle.\ntamper , with an approved intelligent transport system, means engage in conduct that has the result that—\nthe system is changed; or\nthe system is installed or used in a way that is not in accordance with the conditions of its approval by TCA; or\nany operating software that the system uses internally is changed.\n- (a) reviewing intelligent access program information held by an intelligent access program service provider to assess whether the information is accurate, complete and up to date;\n- (b) reviewing the processes by which intelligent access program information held by an intelligent access program service provider is generated, recorded, stored, displayed, analysed, transmitted and reported;\n- (c) examining how intelligent access program information held by an intelligent access program service provider is used and disclosed by the service provider;\n- (d) examining an approved intelligent transport system.\n- (a) for which a mass or dimension exemption is in force with intelligent access program conditions (as referred to in section 402 (1) ); or\n- (b) for which an HML authority is in force with intelligent access program conditions (as referred to in section 402 (2) ).\n- (a) ceases to work at all, or works only intermittently; or\n- (b) does not perform one or more functions required under the Intelligent Access Program; or\n- (c) performs a function mentioned in paragraph (b) — (i) only intermittently; or (ii) in a way that the results of it doing so are inaccurate or unreliable, including intermittently inaccurate or unreliable.\n- (i) only intermittently; or\n- (ii) in a way that the results of it doing so are inaccurate or unreliable, including intermittently inaccurate or unreliable.\n- (i) only intermittently; or\n- (ii) in a way that the results of it doing so are inaccurate or unreliable, including intermittently inaccurate or unreliable.\n- (a) a relevant contravention for an intelligent access program vehicle;\n- (b) apparent tampering with, or malfunctioning of, the system.\n- (a) for an intelligent access program vehicle used under a mass or dimension exemption—the vehicle’s contravention of conditions mentioned in section 402 (1) (a) or (b) applying to the vehicle; or\n- (b) for an intelligent access program vehicle used under the higher mass limits— (i) the vehicle’s use under the higher mass limits on a road to which the higher mass limits do not apply; or (ii) the vehicle’s contravention of a condition about the use of the vehicle on a road under the higher mass limits.\n- (i) the vehicle’s use under the higher mass limits on a road to which the higher mass limits do not apply; or\n- (ii) the vehicle’s contravention of a condition about the use of the vehicle on a road under the higher mass limits.\n- (i) the vehicle’s use under the higher mass limits on a road to which the higher mass limits do not apply; or\n- (ii) the vehicle’s contravention of a condition about the use of the vehicle on a road under the higher mass limits.\n- (a) for a heavy vehicle used under a mass or dimension exemption—the vehicle’s compliance with conditions mentioned 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 matters mentioned in section 402 (2) (a) (i) or (ii) for the vehicle.\n- (a) the system is changed; or\n- (b) the system is installed or used in a way that is not in accordance with the conditions of its approval by TCA; or\n- (c) any operating software that the system uses internally is changed.","sortOrder":625},{"sectionNumber":"sch-inc-ch.7-pt.7.2","sectionType":"part","heading":"Duties and obligations of operators of intelligent access program vehicles","content":"# Duties and obligations of operators of intelligent access program vehicles","sortOrder":626},{"sectionNumber":"sec.404","sectionType":"section","heading":"Offence to give false or misleading information to intelligent access program service provider","content":"### sec.404 Offence to give false or misleading information to intelligent access program service provider\n\nThe operator of an intelligent access program vehicle commits an offence if—\nthe operator gives information to an intelligent access program service provider with whom the operator has entered into an intelligent access program agreement for the vehicle; and\nthe information is relevant to the use of the vehicle; and\nthe operator knows, or ought reasonably to know, the information is false or misleading.\nMaximum penalty—$10000.\nSee section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.\nSubsection (1) does not apply if the operator gives the information in writing and, when giving the information—\ntells the intelligent access program service provider, to the best of the operator’s ability, how it is false or misleading; and\nif the operator has, or can reasonably obtain, the correct information—gives the correct information in writing.\nWithout limiting subsection (1) (b) , information about the intelligent access program conditions applying to an intelligent access program vehicle is relevant to the use of the vehicle.\nThe operator of a heavy vehicle commits an offence if—\nthe operator gives information to an intelligent access program service provider; and\nthe operator intends that the intelligent access program service provider will enter into an intelligent access program agreement with the operator in reliance on the information; and\nthe operator knows, or ought reasonably to know, the information is false or misleading.\nMaximum penalty—$10000.\nSee section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.\nSubsection (4) does not apply if the operator gives the information in writing and, when giving the information—\ntells the intelligent access program service provider, to the best of the operator’s ability, how it is false or misleading; and\nif the operator has, or can reasonably obtain, the correct information—gives the correct information in writing.\nIn a proceeding for an offence against subsection (1) or (4) , it is enough for a charge to state that the information given was ‘false or misleading’ to the operator’s knowledge, without specifying whether it was false or whether it was misleading.\nsch s 404 amd 2016 No. 65 ss 71, 139\n(sec.404-ssec.1) The operator of an intelligent access program vehicle commits an offence if— the operator gives information to an intelligent access program service provider with whom the operator has entered into an intelligent access program agreement for the vehicle; and the information is relevant to the use of the vehicle; and the operator knows, or ought reasonably to know, the information is false or misleading. Maximum penalty—$10000. See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.\n(sec.404-ssec.2) Subsection (1) does not apply if the operator gives the information in writing and, when giving the information— tells the intelligent access program service provider, to the best of the operator’s ability, how it is false or misleading; and if the operator has, or can reasonably obtain, the correct information—gives the correct information in writing.\n(sec.404-ssec.3) Without limiting subsection (1) (b) , information about the intelligent access program conditions applying to an intelligent access program vehicle is relevant to the use of the vehicle.\n(sec.404-ssec.4) The operator of a heavy vehicle commits an offence if— the operator gives information to an intelligent access program service provider; and the operator intends that the intelligent access program service provider will enter into an intelligent access program agreement with the operator in reliance on the information; and the operator knows, or ought reasonably to know, the information is false or misleading. Maximum penalty—$10000. See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.\n(sec.404-ssec.5) Subsection (4) does not apply if the operator gives the information in writing and, when giving the information— tells the intelligent access program service provider, to the best of the operator’s ability, how it is false or misleading; and if the operator has, or can reasonably obtain, the correct information—gives the correct information in writing.\n(sec.404-ssec.6) In a proceeding for an offence against subsection (1) or (4) , it is enough for a charge to state that the information given was ‘false or misleading’ to the operator’s knowledge, without specifying whether it was false or whether it was misleading.\n- (a) the operator gives information to an intelligent access program service provider with whom the operator has entered into an intelligent 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 information is false or misleading.\n- (a) tells the intelligent access program service provider, to the best of the operator’s ability, how it is false or misleading; and\n- (b) if the operator has, or can reasonably obtain, the correct information—gives the correct information in writing.\n- (a) the operator gives information to an intelligent access program service provider; and\n- (b) the operator intends that the intelligent access program service provider will enter into an intelligent access program agreement with the operator in reliance on the information; and\n- (c) the operator knows, or ought reasonably to know, the information is false or misleading.\n- (a) tells the intelligent access program service provider, to the best of the operator’s ability, how it is false or misleading; and\n- (b) if the operator has, or can reasonably obtain, the correct information—gives the correct information in writing.","sortOrder":627},{"sectionNumber":"sec.405","sectionType":"section","heading":"Advising vehicle driver of collection of information by intelligent access program service provider","content":"### sec.405 Advising vehicle driver of collection of information by intelligent access program service provider\n\nThe operator of an intelligent access program vehicle must, unless the operator has a reasonable excuse, ensure the vehicle’s driver is given the following information before the vehicle begins a journey—\nthat the vehicle will be monitored by an intelligent access program service provider;\nthat this Chapter provides for the collection of information by the intelligent access program service provider;\nthe information that will be collected by the intelligent access program service provider;\nthe purposes for which the information will be collected;\nthe entities to whom the information collected may be disclosed;\nthat, under this Chapter, the driver has rights of access to personal information or to have personal information changed to ensure it is accurate, complete and up to date;\nhow the rights mentioned in paragraph (f) can be exercised;\nthe name and address of the intelligent access program service provider.\nMaximum penalty—$6000.\nThe operator of an intelligent access program vehicle is taken to comply with subsection (1) if the operator—\ngives the intelligent access program vehicle’s driver a notice stating the information mentioned in the subsection, including, for example, by placing it in the vehicle’s driving cabin in a clearly visible position; or\nincludes the information mentioned in the subsection in a written contract of employment between the operator and the intelligent access program vehicle’s driver.\nThe national regulations may prescribe—\na form of notice that may be used under subsection (2) (a) ; and\nfor the purposes of subsection (2) (b) , a standard form of words that may be used as part of a written contract of employment.\nsch s 405 amd 2016 No. 65 ss 72, 139\n(sec.405-ssec.1) The operator of an intelligent access program vehicle must, unless the operator has a reasonable excuse, ensure the vehicle’s driver is given the following information before the vehicle begins a journey— that the vehicle will be monitored by an intelligent access program service provider; that this Chapter provides for the collection of information by the intelligent access program service provider; the information that will be collected by the intelligent access program service provider; the purposes for which the information will be collected; the entities to whom the information collected may be disclosed; that, under this Chapter, the driver has rights of access to personal information or to have personal information changed to ensure it is accurate, complete and up to date; how the rights mentioned in paragraph (f) can be exercised; the name and address of the intelligent access program service provider. Maximum penalty—$6000.\n(sec.405-ssec.2) The operator of an intelligent access program vehicle is taken to comply with subsection (1) if the operator— gives the intelligent access program vehicle’s driver a notice stating the information mentioned in the subsection, including, for example, by placing it in the vehicle’s driving cabin in a clearly visible position; or includes the information mentioned in the subsection in a written contract of employment between the operator and the intelligent access program vehicle’s driver.\n(sec.405-ssec.3) The national regulations may prescribe— a form of notice that may be used under subsection (2) (a) ; and for the purposes of subsection (2) (b) , a standard form of words that may be used as part of a written contract of employment.\n- (a) that the vehicle will be monitored by an intelligent access program service provider;\n- (b) that this Chapter provides for the collection of information by the intelligent access program service provider;\n- (c) the information that will be collected by the intelligent access program service provider;\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 personal information or to have personal information changed to 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 provider.\n- (a) gives the intelligent access program vehicle’s driver a notice stating the information mentioned in the subsection, including, for example, by placing it in the vehicle’s driving cabin in a clearly visible position; or\n- (b) includes the information mentioned in the subsection in a written contract of employment between the operator and the intelligent access program vehicle’s driver.\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 that may be used as part of a written contract of employment.","sortOrder":628},{"sectionNumber":"sec.406","sectionType":"section","heading":"Reporting system malfunctions to Regulator","content":"### sec.406 Reporting system malfunctions to Regulator\n\nIf an operator of an intelligent access program vehicle becomes aware that a part of an approved intelligent transport system fitted to the vehicle is malfunctioning or has malfunctioned, the operator must as soon as practicable report the matter to the Regulator in person or by radio, telephone, fax or email.\nMaximum penalty—$6000.\nThe operator must keep, for at least 4 years, a written record of a report of a malfunction under subsection (1) , containing the following particulars—\nthe type of malfunction to which the report relates;\nthe date and time the operator became aware of the malfunction;\nthe location of the vehicle when the operator became aware of the malfunction;\nthe date and time the report was made;\nthe location of the vehicle when the report was made;\nthe way, in person or by radio, telephone, fax or email, that the report was made;\nthe name of the operator or, if someone else made the report on behalf of the operator, the name of the person who made the report;\nthe name of the individual to whom the report was made.\nMaximum penalty—$6000.\nsch s 406 amd 2016 No. 65 s 139\n(sec.406-ssec.1) If an operator of an intelligent access program vehicle becomes aware that a part of an approved intelligent transport system fitted to the vehicle is malfunctioning or has malfunctioned, the operator must as soon as practicable report the matter to the Regulator in person or by radio, telephone, fax or email. Maximum penalty—$6000.\n(sec.406-ssec.2) The operator must keep, for at least 4 years, a written record of a report of a malfunction under subsection (1) , containing the following particulars— the type of malfunction to which the report relates; the date and time the operator became aware of the malfunction; the location of the vehicle when the operator became aware of the malfunction; the date and time the report was made; the location of the vehicle when the report was made; the way, in person or by radio, telephone, fax or email, that the report was made; the name of the operator or, if someone else made the report on behalf of the operator, the name of the person who made the report; the name of the individual to whom the report was made. Maximum penalty—$6000.\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 the 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 report was made;\n- (g) the name of the operator or, if someone else made the report on behalf of the operator, the name of the person who made the report;\n- (h) the name of the individual to whom the report was made.","sortOrder":629},{"sectionNumber":"sec.407","sectionType":"section","heading":"Advising driver of driver’s obligations about reporting system malfunctions","content":"### sec.407 Advising driver of driver’s obligations about reporting system malfunctions\n\nThe operator of an intelligent access program vehicle, before the vehicle begins a journey, must, unless the operator has a reasonable excuse, ensure the vehicle’s driver is told—\nabout the vehicle driver’s obligation under section 408 ; and\nhow the vehicle’s driver can make the reports required by that obligation.\nMaximum penalty—$6000.\nThe operator of an intelligent access program vehicle is taken to comply with subsection (1) if the operator—\ngives the vehicle’s driver a notice stating the information mentioned in the subsection, including, for example, by placing it in the vehicle’s driving cabin in a clearly visible position; or\nincludes the information mentioned in the subsection in a written contract of employment between the operator and the vehicle’s driver.\nThe national regulations may prescribe—\na form of notice that may be used under subsection (2) (a) ; and\nfor the purposes of subsection (2) (b) , a standard form of words that may be used as part of a written contract of employment.\nsch s 407 amd 2016 No. 65 ss 73, 139\n(sec.407-ssec.1) The operator of an intelligent access program vehicle, before the vehicle begins a journey, must, unless the operator has a reasonable excuse, ensure the vehicle’s driver is told— about the vehicle driver’s obligation under section 408 ; and how the vehicle’s driver can make the reports required by that obligation. Maximum penalty—$6000.\n(sec.407-ssec.2) The operator of an intelligent access program vehicle is taken to comply with subsection (1) if the operator— gives the vehicle’s driver a notice stating the information mentioned in the subsection, including, for example, by placing it in the vehicle’s driving cabin in a clearly visible position; or includes the information mentioned in the subsection in a written contract of employment between the operator and the vehicle’s driver.\n(sec.407-ssec.3) The national regulations may prescribe— a form of notice that may be used under subsection (2) (a) ; and for the purposes of subsection (2) (b) , a standard form of words that may be used as part of a written contract of employment.\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 obligation.\n- (a) gives the vehicle’s driver a notice stating the information mentioned in the subsection, including, for example, by placing it in the vehicle’s driving cabin in a clearly visible position; or\n- (b) includes the information mentioned in the subsection in a written contract of employment between the operator and the vehicle’s driver.\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 that may be used as part of a written contract of employment.","sortOrder":630},{"sectionNumber":"sch-inc-ch.7-pt.7.3","sectionType":"part","heading":"Obligations of drivers of intelligent access program vehicles","content":"# Obligations of drivers of intelligent access program vehicles","sortOrder":631},{"sectionNumber":"sec.408","sectionType":"section","heading":"Reporting system malfunctions to operator","content":"### sec.408 Reporting system malfunctions to operator\n\nIf the driver of an intelligent access program vehicle becomes aware that a part of an approved intelligent transport system fitted to the vehicle is malfunctioning or has malfunctioned, the driver must as soon as practicable report the malfunction to the vehicle’s operator in person or by radio, telephone, fax or email.\nMaximum penalty—$6000.\nThe driver must keep, for at least 4 years, a written record of a report of a malfunction under subsection (1) , containing the following particulars—\nthe type of malfunction to which the report relates;\nthe date and time the driver became aware of the malfunction;\nthe location of the vehicle when the driver became aware of the malfunction;\nthe date and time the report was made;\nthe location of the vehicle when the report was made;\nthe way, in person or by radio, telephone, fax or email, that the report was made;\nthe driver’s name;\nthe name of the individual to whom the report was made.\nMaximum penalty—$6000.\nSubsection (1) does not apply to the driver of a heavy vehicle in relation to a malfunction of a part of an approved intelligent transport system if another driver of the vehicle has complied with the subsection in relation to the malfunction.\nsch s 408 amd 2016 No. 65 s 139\n(sec.408-ssec.1) If the driver of an intelligent access program vehicle becomes aware that a part of an approved intelligent transport system fitted to the vehicle is malfunctioning or has malfunctioned, the driver must as soon as practicable report the malfunction to the vehicle’s operator in person or by radio, telephone, fax or email. Maximum penalty—$6000.\n(sec.408-ssec.2) The driver must keep, for at least 4 years, a written record of a report of a malfunction under subsection (1) , containing the following particulars— the type of malfunction to which the report relates; the date and time the driver became aware of the malfunction; the location of the vehicle when the driver became aware of the malfunction; the date and time the report was made; the location of the vehicle when the report was made; the way, in person or by radio, telephone, fax or email, that the report was made; the driver’s name; the name of the individual to whom the report was made. Maximum penalty—$6000.\n(sec.408-ssec.3) Subsection (1) does not apply to the driver of a heavy vehicle in relation to a malfunction of a part of an approved intelligent transport system if another driver of the vehicle has complied with the subsection in relation to the malfunction.\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 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 report was made;\n- (g) the driver’s name;\n- (h) the name of the individual to whom the report was made.","sortOrder":632},{"sectionNumber":"sch-inc-ch.7-pt.7.4","sectionType":"part","heading":"Powers, duties and obligations of intelligent access program service providers","content":"# Powers, duties and obligations of intelligent access program service providers","sortOrder":633},{"sectionNumber":"sec.409","sectionType":"section","heading":"Powers to collect and hold intelligent access program information","content":"### sec.409 Powers to collect and hold intelligent access program information\n\nAn intelligent access program service provider may collect and hold intelligent access program information for monitoring the relevant monitoring matters for an intelligent access program vehicle.\nsch s 409 sub 2013 No. 4 s 12\namd 2016 No. 65 s 139","sortOrder":634},{"sectionNumber":"sec.410","sectionType":"section","heading":"Collecting intelligent access program information","content":"### sec.410 Collecting intelligent access program information\n\nAn intelligent access program service provider must ensure, so far as is reasonably practicable, the intelligent access program information the service provider collects—\nis necessary for the purpose for which it is collected or a directly related purpose; and\nis not excessive for that purpose; and\nis accurate, complete and up to date.\nMaximum penalty—$6000.\nAn intelligent access program service provider must ensure, so far as is reasonably practicable, the collection of intelligent access program information by the service provider does not intrude to an unreasonable extent on the personal privacy of any individual to whom the information relates.\nMaximum penalty—$6000.\nsch s 410 sub 2013 No. 4 s 12\namd 2016 No. 65 ss 74, 139\n(sec.410-ssec.1) An intelligent access program service provider must ensure, so far as is reasonably practicable, the intelligent access program information the service provider collects— is necessary for the purpose for which it is collected or a directly related purpose; and is not excessive for that purpose; and is accurate, complete and up to date. Maximum penalty—$6000.\n(sec.410-ssec.2) An intelligent access program service provider must ensure, so far as is reasonably practicable, the collection of intelligent access program information by the service provider does not intrude to an unreasonable extent on the personal privacy of any individual to whom the information relates. Maximum penalty—$6000.\n- (a) is necessary for the purpose for which it is collected or a directly related purpose; and\n- (b) is not excessive for that purpose; and\n- (c) is accurate, complete and up to date.","sortOrder":635},{"sectionNumber":"sec.411","sectionType":"section","heading":"Keeping records of intelligent access program information collected","content":"### sec.411 Keeping records of intelligent access program information collected\n\nAn intelligent access program service provider must keep, in a way complying with subsection (2) , records of the intelligent access program information collected by the service provider.\nMaximum penalty—$6000.\nRecords kept under subsection (1) must be organised in a way that allows the records to be conveniently and properly audited by an intelligent access program auditor.\nsch s 411 sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\n(sec.411-ssec.1) An intelligent access program service provider must keep, in a way complying with subsection (2) , records of the intelligent access program information collected by the service provider. Maximum penalty—$6000.\n(sec.411-ssec.2) Records kept under subsection (1) must be organised in a way that allows the records to be conveniently and properly audited by an intelligent access program auditor.","sortOrder":636},{"sectionNumber":"sec.412","sectionType":"section","heading":"Protecting intelligent access program information","content":"### sec.412 Protecting intelligent access program information\n\nAn intelligent access program service provider must ensure, so far as is reasonably practicable, intelligent access program information collected by the service provider is protected against unauthorised access, unauthorised use, misuse, loss, modification or unauthorised disclosure.\nMaximum penalty—$20000.\nsch s 412 sub 2013 No. 4 s 12\namd 2015 No. 12 s 67 sch ; 2016 No. 65 ss 75, 139; 2018 No. 18 s 39 sch 1","sortOrder":637},{"sectionNumber":"sec.413","sectionType":"section","heading":"Making individuals aware of personal information held","content":"### sec.413 Making individuals aware of personal information held\n\nAn intelligent access program service provider must prepare, and make publicly available, a document setting out the service provider’s policies on the management of personal information held by the service provider.\nmaking a document available at the service provider’s office\nmaking a document available on the service provider’s website\nMaximum penalty—$6000.\nIf asked by an individual about whom an intelligent access program service provider holds personal information, the service provider must, within 28 days after receiving the request, give the individual the following information if the service provider can reasonably give the information—\nthe kind of information the service provider holds about the individual;\nthe purpose for which the information is held;\nthe way in which the service provider collects, holds, uses and discloses the information;\nthe entities to whom the information may be disclosed;\nthat, under this Chapter, the individual has rights of access to the information or to have the information changed to ensure it is accurate, complete and up to date;\nhow the rights mentioned in paragraph (e) can be exercised.\nMaximum penalty—$6000.\nSubsection (2) does not require an intelligent access program service provider to inform an individual that a report under section 422 or 423 exists or has been made.\nsch s 413 sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\n(sec.413-ssec.1) An intelligent access program service provider must prepare, and make publicly available, a document setting out the service provider’s policies on the management of personal information held by the service provider. making a document available at the service provider’s office making a document available on the service provider’s website Maximum penalty—$6000.\n(sec.413-ssec.2) If asked by an individual about whom an intelligent access program service provider holds personal information, the service provider must, within 28 days after receiving the request, give the individual the following information if the service provider can reasonably give the information— the kind of information the service provider holds about the individual; the purpose for which the information is held; the way in which the service provider collects, holds, uses and discloses the information; the entities to whom the information may be disclosed; that, under this Chapter, the individual has rights of access to the information or to have the information changed to ensure it is accurate, complete and up to date; how the rights mentioned in paragraph (e) can be exercised. Maximum penalty—$6000.\n(sec.413-ssec.3) Subsection (2) does not require an intelligent access program service provider to inform an individual that a report under section 422 or 423 exists or has been made.\n- • making a document available at the service provider’s office\n- • making a document available on the service provider’s website\n- (a) the kind of information the service provider holds about the individual;\n- (b) the purpose for which the information is held;\n- (c) the way in which the service provider collects, holds, uses and discloses 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 information or to have the information changed to ensure it is accurate, complete and up to date;\n- (f) how the rights mentioned in paragraph (e) can be exercised.","sortOrder":638},{"sectionNumber":"sec.414","sectionType":"section","heading":"Giving individuals access to their personal information","content":"### sec.414 Giving individuals access to their personal information\n\nAn intelligent access program service provider must, if asked by an individual about whom the service provider holds personal information, give the individual access to the information as soon as practicable and without cost.\nMaximum penalty—$6000.\nSubsection (1) does not require an intelligent access program service provider to give an individual access to a report made under section 422 or 423 or information showing that a report of that kind exists or has been made.\nsch s 414 sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\n(sec.414-ssec.1) An intelligent access program service provider must, if asked by an individual about whom the service provider holds personal information, give the individual access to the information as soon as practicable and without cost. Maximum penalty—$6000.\n(sec.414-ssec.2) Subsection (1) does not require an intelligent access program service provider to give an individual access to a report made under section 422 or 423 or information showing that a report of that kind exists or has been made.","sortOrder":639},{"sectionNumber":"sec.415","sectionType":"section","heading":"Correcting errors etc.","content":"### sec.415 Correcting errors etc.\n\nThis section applies if an individual about whom an intelligent access program service provider holds personal information asks the service provider to make a particular change to the personal information.\nThe intelligent access program service provider must make the change if the service provider is satisfied the change is appropriate to ensure the personal information is accurate, complete and up to date.\nMaximum penalty—$6000.\nIf the intelligent access program service provider is not satisfied as mentioned in subsection (2) , the service provider may refuse to comply with the request.\nIf, under subsection (3) , an intelligent access program service provider refuses to comply with an individual’s request under subsection (1) , the service provider must—\ngive the individual a notice stating—\nthe service provider’s reasons for refusing; and\nthat the individual may ask the service provider to attach to or include with the personal information the individual’s request or a record of it; and\nif asked by the individual, attach to or include with the personal information the request or a record of the request.\nMaximum penalty—$6000.\nsch s 415 sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\n(sec.415-ssec.1) This section applies if an individual about whom an intelligent access program service provider holds personal information asks the service provider to make a particular change to the personal information.\n(sec.415-ssec.2) The intelligent access program service provider must make the change if the service provider is satisfied the change is appropriate to ensure the personal information is accurate, complete and up to date. Maximum penalty—$6000.\n(sec.415-ssec.3) If the intelligent access program service provider is not satisfied as mentioned in subsection (2) , the service provider may refuse to comply with the request.\n(sec.415-ssec.4) If, under subsection (3) , an intelligent access program service provider refuses to comply with an individual’s request under subsection (1) , the service provider must— give the individual a notice stating— the service provider’s reasons for refusing; and that the individual may ask the service provider to attach to or include with the personal information the individual’s request or a record of it; and if asked by the individual, attach to or include with the personal information the request or a record of the request. Maximum penalty—$6000.\n- (a) give the individual a notice stating— (i) the service provider’s reasons for refusing; and (ii) that the individual may ask the service provider to attach to or include with the personal information the individual’s request or a record of it; and\n- (i) the service provider’s reasons for refusing; and\n- (ii) that the individual may ask the service provider to attach to or include with the personal information the individual’s request or a record of it; and\n- (b) if asked by the individual, attach to or include with the personal information the request or a record of the request.\n- (i) the service provider’s reasons for refusing; and\n- (ii) that the individual may ask the service provider to attach to or include with the personal information the individual’s request or a record of it; and","sortOrder":640},{"sectionNumber":"sec.416","sectionType":"section","heading":"General restriction on use and disclosure of intelligent access program information","content":"### sec.416 General restriction on use and disclosure of intelligent access program information\n\nAn intelligent access program service provider must not use or disclose intelligent access program information other than as required or authorised under this Law or another law.\nMaximum penalty—$20000.\nsch s 416 sub 2013 No. 4 s 12\namd 2015 No. 12 s 67 sch ; 2016 No. 65 s 139","sortOrder":641},{"sectionNumber":"sec.417","sectionType":"section","heading":"Giving intelligent access program auditor access to records","content":"### sec.417 Giving intelligent access program auditor access to records\n\nAn intelligent access program service provider must give an intelligent access program auditor access to a record kept by the service provider for the purposes of this Chapter.\nMaximum penalty—$6000.\nsch s 417 sub 2013 No. 4 s 12\namd 2016 No. 65 s 139","sortOrder":642},{"sectionNumber":"sec.418","sectionType":"section","heading":"Powers to use and disclose intelligent access program information","content":"### sec.418 Powers to use and disclose intelligent access program information\n\nAn intelligent access program service provider may use intelligent access program information for monitoring the relevant monitoring matters for an intelligent access program vehicle.\nAn intelligent access program service provider may disclose intelligent access program information to the Regulator for compliance purposes.\nAn intelligent access program service provider may disclose intelligent access program information to—\nan authorised officer, other than a police officer, for law enforcement purposes if so authorised by a warrant issued under this Law; or\nan authorised officer who is a police officer, for law enforcement purposes if so authorised by a warrant issued under this Law or another law.\nIf an intelligent access program service provider discloses intelligent access program information to an authorised officer or a police officer under this section, the officer must not use the information, or disclose it to any other person, unless—\nthe officer believes the use or disclosure is reasonably necessary for law enforcement purposes; or\nthe use or disclosure is otherwise authorised under this Law or any other law.\nAn intelligent access program service provider may disclose intelligent access program information about an operator of an intelligent access program vehicle to the operator.\nSubsection (5) does not apply to the following—\na noncompliance report about an intelligent access program vehicle operated by the operator;\ninformation that a noncompliance report has been made about an intelligent access program vehicle operated by the operator;\ninformation disclosed under the authority of a warrant as referred to in subsection (3) .\nAn intelligent access program service provider may, with the written consent of an operator of an intelligent access program vehicle, disclose intelligent access program information about the operator to a person other than the operator for any purpose if the information—\ndoes not identify any individual other than the operator; and\ncontains nothing by which the identity of any individual, other than the operator, can reasonably be found out.\nAn intelligent access program service provider may use or disclose intelligent access program information that is personal information with the written consent of the individual to whom the personal information relates.\nThis section is subject to section 424 .\nsch s 418 sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\n(sec.418-ssec.1) An intelligent access program service provider may use intelligent access program information for monitoring the relevant monitoring matters for an intelligent access program vehicle.\n(sec.418-ssec.2) An intelligent access program service provider may disclose intelligent access program information to the Regulator for compliance purposes.\n(sec.418-ssec.3) An intelligent access program service provider may disclose intelligent access program information to— an authorised officer, other than a police officer, for law enforcement purposes if so authorised by a warrant issued under this Law; or an authorised officer who is a police officer, for law enforcement purposes if so authorised by a warrant issued under this Law or another law.\n(sec.418-ssec.4) If an intelligent access program service provider discloses intelligent access program information to an authorised officer or a police officer under this section, the officer must not use the information, or disclose it to any other person, unless— the officer believes the use or disclosure is reasonably necessary for law enforcement purposes; or the use or disclosure is otherwise authorised under this Law or any other law.\n(sec.418-ssec.5) An intelligent access program service provider may disclose intelligent access program information about an operator of an intelligent access program vehicle to the operator.\n(sec.418-ssec.6) Subsection (5) does not apply to the following— a noncompliance report about an intelligent access program vehicle operated by the operator; information that a noncompliance report has been made about an intelligent access program vehicle operated by the operator; information disclosed under the authority of a warrant as referred to in subsection (3) .\n(sec.418-ssec.7) An intelligent access program service provider may, with the written consent of an operator of an intelligent access program vehicle, disclose intelligent access program information about the operator to a person other than the operator for any purpose if the information— does not identify any individual other than the operator; and contains nothing by which the identity of any individual, other than the operator, can reasonably be found out.\n(sec.418-ssec.8) An intelligent access program service provider may use or disclose intelligent access program information that is personal information with the written consent of the individual to whom the personal information relates.\n(sec.418-ssec.9) This section is subject to section 424 .\n- (a) an authorised officer, other than a police officer, for law enforcement purposes if so authorised by a warrant issued under this Law; or\n- (b) an authorised officer who is a police officer, for law enforcement purposes if so authorised by a warrant issued under this Law or another law.\n- (a) the officer believes the use or disclosure is reasonably necessary for law enforcement purposes; or\n- (b) the use or disclosure is otherwise authorised under this Law or any other law.\n- (a) a noncompliance report about an intelligent access program vehicle operated by the operator;\n- (b) information that a noncompliance report has been made about an intelligent access program vehicle operated by the operator;\n- (c) information disclosed under the authority of a warrant as referred to in subsection (3) .\n- (a) does not identify any individual other than the operator; and\n- (b) contains nothing by which the identity of any individual, other than the operator, can reasonably be found out.","sortOrder":643},{"sectionNumber":"sec.419","sectionType":"section","heading":"Keeping record of use or disclosure of intelligent access program information","content":"### sec.419 Keeping record of use or disclosure of intelligent access program information\n\nIf an intelligent access program service provider uses or discloses intelligent access program information, the service provider must, within 7 days after the use or disclosure, make a record of the use or disclosure that—\ncontains the information mentioned in subsection (2) ; and\nis in a form that ensures the record is readily accessible by an intelligent access program auditor at the place where it is kept.\nMaximum penalty—$6000.\nThe record must contain the following information—\nthe intelligent access program service provider’s name or, if someone else used or disclosed the intelligent access program information on behalf of the service provider, the name of the person who used or disclosed the intelligent access program information;\nthe date of the use or disclosure;\nfor a use of intelligent access program information by or on behalf of the intelligent access program service provider, a brief description of how the information was used;\nfor a disclosure of intelligent access program information by or on behalf of the intelligent access program service provider, the entity to whom the information was disclosed;\nthe provision of this Law or another law the intelligent access program service provider believes authorises the use or disclosure;\nif the use or disclosure is authorised only under a particular document (including, for example, a warrant, a certificate or a consent), a copy of the document.\nAn intelligent access program service provider must keep a record made under this section for at least 2 years.\nMaximum penalty—$6000.\nsch s 419 sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\n(sec.419-ssec.1) If an intelligent access program service provider uses or discloses intelligent access program information, the service provider must, within 7 days after the use or disclosure, make a record of the use or disclosure that— contains the information mentioned in subsection (2) ; and is in a form that ensures the record is readily accessible by an intelligent access program auditor at the place where it is kept. Maximum penalty—$6000.\n(sec.419-ssec.2) The record must contain the following information— the intelligent access program service provider’s name or, if someone else used or disclosed the intelligent access program information on behalf of the service provider, the name of the person who used or disclosed the intelligent access program information; the date of the use or disclosure; for a use of intelligent access program information by or on behalf of the intelligent access program service provider, a brief description of how the information was used; for a disclosure of intelligent access program information by or on behalf of the intelligent access program service provider, the entity to whom the information was disclosed; the provision of this Law or another law the intelligent access program service provider believes authorises the use or disclosure; if the use or disclosure is authorised only under a particular document (including, for example, a warrant, a certificate or a consent), a copy of the document.\n(sec.419-ssec.3) An intelligent access program service provider must keep a record made under this section for at least 2 years. Maximum penalty—$6000.\n- (a) contains the information mentioned in subsection (2) ; and\n- (b) is in a form that ensures the record is readily accessible by an intelligent access program auditor at the place where it is kept.\n- (a) the intelligent access program service provider’s name or, if someone else used or disclosed the intelligent access program information on behalf of the service provider, the name of the person who used or disclosed the intelligent access program information;\n- (b) the date of the use or disclosure;\n- (c) for a use of intelligent access program information by or on behalf of the intelligent access program service provider, a brief description of how the information was used;\n- (d) for a disclosure of intelligent access program information by or on behalf of the intelligent access program service provider, the entity to whom the information was disclosed;\n- (e) the provision of this Law or another law the intelligent access program service provider believes authorises the use or disclosure;\n- (f) if the use or disclosure is authorised only under a particular document (including, for example, a warrant, a certificate or a consent), a copy of the document.","sortOrder":644},{"sectionNumber":"sec.420","sectionType":"section","heading":"Keeping noncompliance report etc.","content":"### sec.420 Keeping noncompliance report etc.\n\nThis section applies if a noncompliance report is made by an approved intelligent transport system operated by an intelligent access program service provider.\nThe intelligent access program service provider must keep the following for at least 4 years after the noncompliance report is made—\na copy of the report;\nthe information relied on to make the report.\nGPS information about a vehicle’s position at a particular time\nMaximum penalty—$6000.\nsch s 420 sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\n(sec.420-ssec.1) This section applies if a noncompliance report is made by an approved intelligent transport system operated by an intelligent access program service provider.\n(sec.420-ssec.2) The intelligent access program service provider must keep the following for at least 4 years after the noncompliance report is made— a copy of the report; the information relied on to make the report. GPS information about a vehicle’s position at a particular time Maximum penalty—$6000.\n- (a) a copy of the report;\n- (b) the information relied on to make the report.","sortOrder":645},{"sectionNumber":"sec.421","sectionType":"section","heading":"Destroying intelligent access program information etc.","content":"### sec.421 Destroying intelligent access program information etc.\n\nAn intelligent access program service provider must ensure, so far as is reasonably practicable—\nintelligent access program information collected by the service provider is destroyed 1 year after the information is collected; and\na record that the service provider is required to keep under section 419 is destroyed within 1 year after the service provider is no longer required to keep the record under that section.\nMaximum penalty—$6000.\nThis section does not apply to a noncompliance report or information the intelligent access program service provider is required to keep under section 420 .\nsch s 421 sub 2013 No. 4 s 12\namd 2016 No. 65 ss 76, 139; 2018 No. 18 s 39 sch 1\n(sec.421-ssec.1) An intelligent access program service provider must ensure, so far as is reasonably practicable— intelligent access program information collected by the service provider is destroyed 1 year after the information is collected; and a record that the service provider is required to keep under section 419 is destroyed within 1 year after the service provider is no longer required to keep the record under that section. Maximum penalty—$6000.\n(sec.421-ssec.2) This section does not apply to a noncompliance report or information the intelligent access program service provider is required to keep under section 420 .\n- (a) intelligent access program information collected by the service provider is destroyed 1 year after the information is collected; and\n- (b) a record that the service provider is required to keep under section 419 is destroyed within 1 year after the service provider is no longer required to keep the record under that section.","sortOrder":646},{"sectionNumber":"sec.422","sectionType":"section","heading":"Reporting relevant contraventions to Regulator","content":"### sec.422 Reporting relevant contraventions to Regulator\n\nThis section applies if an intelligent access program service provider knows of a relevant contravention for an intelligent access program vehicle.\nThe intelligent access program service provider must, within 7 days, give the Regulator a report about the relevant contravention in the approved form.\nMaximum penalty—$6000.\nFor the purposes of subsection (1) , an intelligent access program service provider is taken to know of a relevant contravention for an intelligent access program vehicle if the service provider’s approved intelligent transport system has detected the contravention.\nsch s 422 sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\n(sec.422-ssec.1) This section applies if an intelligent access program service provider knows of a relevant contravention for an intelligent access program vehicle.\n(sec.422-ssec.2) The intelligent access program service provider must, within 7 days, give the Regulator a report about the relevant contravention in the approved form. Maximum penalty—$6000.\n(sec.422-ssec.3) For the purposes of subsection (1) , an intelligent access program service provider is taken to know of a relevant contravention for an intelligent access program vehicle if the service provider’s approved intelligent transport system has detected the contravention.","sortOrder":647},{"sectionNumber":"sec.423","sectionType":"section","heading":"Reporting tampering or suspected tampering with approved intelligent transport system","content":"### sec.423 Reporting tampering or suspected tampering with approved intelligent transport system\n\nIf an intelligent access program service provider knows, or has reasonable grounds to suspect, an approved intelligent transport system has been tampered with, the service provider must report the matter to the Regulator—\nwithin 7 days; and\nin the approved form.\nMaximum penalty—$6000.\nIf an intelligent access program service provider knows, or has reasonable grounds to suspect, a back-office intelligent transport system has been tampered with, the service provider must report the matter to TCA—\nwithin 7 days; and\nin the approved form.\nMaximum penalty—$6000.\nFor the purposes of subsections (1) and (2) , an intelligent access program service provider does not know, or have reasonable grounds to suspect, an approved intelligent transport system or back-office intelligent transport system has been tampered with merely because the service provider has—\naccessed a report made by the system (including a noncompliance report) indicating that apparent tampering with the system has been detected electronically; or\nanalysed information generated by the system.\nIn this section—\nback-office intelligent transport system means that part of an approved intelligent transport system that is not fitted, and is not intended to be fitted, to an intelligent access program vehicle.\nsch s 423 sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\n(sec.423-ssec.1) If an intelligent access program service provider knows, or has reasonable grounds to suspect, an approved intelligent transport system has been tampered with, the service provider must report the matter to the Regulator— within 7 days; and in the approved form. Maximum penalty—$6000.\n(sec.423-ssec.2) If an intelligent access program service provider knows, or has reasonable grounds to suspect, a back-office intelligent transport system has been tampered with, the service provider must report the matter to TCA— within 7 days; and in the approved form. Maximum penalty—$6000.\n(sec.423-ssec.3) For the purposes of subsections (1) and (2) , an intelligent access program service provider does not know, or have reasonable grounds to suspect, an approved intelligent transport system or back-office intelligent transport system has been tampered with merely because the service provider has— accessed a report made by the system (including a noncompliance report) indicating that apparent tampering with the system has been detected electronically; or analysed information generated by the system.\n(sec.423-ssec.4) In this section— back-office intelligent transport system means that part of an approved intelligent transport system that is not fitted, and is not intended to be fitted, to an intelligent access program vehicle.\n- (a) within 7 days; and\n- (b) in the approved form.\n- (a) within 7 days; and\n- (b) in the approved form.\n- (a) accessed a report made by the system (including a noncompliance report) indicating that apparent tampering with the system has been detected electronically; or\n- (b) analysed information generated by the system.","sortOrder":648},{"sectionNumber":"sec.424","sectionType":"section","heading":"Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system","content":"### sec.424 Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system\n\nIf an intelligent access program service provider knows, or has reasonable grounds to suspect, an approved intelligent transport system has been tampered with, the service provider must not disclose to any entity (other than the Regulator and TCA) the following—\ninformation that the service provider has that knowledge or suspicion;\ninformation from which it could reasonably be inferred that the service provider has that knowledge or suspicion.\nMaximum penalty—$6000.\nFor the purposes of subsection (1) , an intelligent access program service provider does not know, or have reasonable grounds to suspect, an approved intelligent transport system has been tampered with merely because the service provider has—\naccessed a report made by the system (including a noncompliance report) indicating that apparent tampering with the system has been detected electronically; or\nanalysed information generated by the system.\nIf an intelligent access program service provider has made a report to the Regulator under section 423 (1) of apparent or suspected tampering, the service provider must not disclose to any entity (other than the Regulator) the following—\ninformation that the report has been made;\ninformation from which it could reasonably be inferred that the service provider has made the report.\nMaximum penalty—$6000.\nIf an intelligent access program service provider has made a report to TCA under section 423 (2) of apparent or suspected tampering, the service provider must not disclose to any entity (other than the Regulator and TCA) the following—\ninformation that the report has been made;\ninformation from which it could reasonably be inferred that the service provider has made the report.\nMaximum penalty—$6000.\nSubsection (1) , (3) or (4) does not apply if the disclosure of the information to which the subsection applies is authorised under another law.\nsch s 424 sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\n(sec.424-ssec.1) If an intelligent access program service provider knows, or has reasonable grounds to suspect, an approved intelligent transport system has been tampered with, the service provider must not disclose to any entity (other than the Regulator and TCA) the following— information that the service provider has that knowledge or suspicion; information from which it could reasonably be inferred that the service provider has that knowledge or suspicion. Maximum penalty—$6000.\n(sec.424-ssec.2) For the purposes of subsection (1) , an intelligent access program service provider does not know, or have reasonable grounds to suspect, an approved intelligent transport system has been tampered with merely because the service provider has— accessed a report made by the system (including a noncompliance report) indicating that apparent tampering with the system has been detected electronically; or analysed information generated by the system.\n(sec.424-ssec.3) If an intelligent access program service provider has made a report to the Regulator under section 423 (1) of apparent or suspected tampering, the service provider must not disclose to any entity (other than the Regulator) the following— information that the report has been made; information from which it could reasonably be inferred that the service provider has made the report. Maximum penalty—$6000.\n(sec.424-ssec.4) If an intelligent access program service provider has made a report to TCA under section 423 (2) of apparent or suspected tampering, the service provider must not disclose to any entity (other than the Regulator and TCA) the following— information that the report has been made; information from which it could reasonably be inferred that the service provider has made the report. Maximum penalty—$6000.\n(sec.424-ssec.5) Subsection (1) , (3) or (4) does not apply if the disclosure of the information to which the subsection applies is authorised under another law.\n- (a) information that the service provider has that knowledge or suspicion;\n- (b) information from which it could reasonably be inferred that the service provider has that knowledge or suspicion.\n- (a) accessed a report made by the system (including a noncompliance report) indicating that apparent tampering with the system has been detected electronically; or\n- (b) analysed information generated by the system.\n- (a) information that the report has been made;\n- (b) information from which it could reasonably be inferred that the service provider has made the report.\n- (a) information that the report has been made;\n- (b) information from which it could reasonably be inferred that the service provider has made the report.","sortOrder":649},{"sectionNumber":"sch-inc-ch.7-pt.7.5","sectionType":"part","heading":"Functions, powers, duties and obligations of TCA","content":"# Functions, powers, duties and obligations of TCA","sortOrder":650},{"sectionNumber":"sec.425","sectionType":"section","heading":"Functions of TCA","content":"### sec.425 Functions of TCA\n\nTCA has the following functions for the purposes of this Chapter—\napproving, and cancelling the approval of, intelligent transport systems for use by intelligent access program service providers to monitor the relevant monitoring matters for an intelligent access program vehicle;\nmanaging the certification and audit regime for the Intelligent Access Program;\ncertifying and auditing, and cancelling the certification of, intelligent access program service providers;\nengaging individuals, consultants and contractors to assist TCA in the exercise of its auditing activities.\nAn approval, certification or engagement under subsection (1) may be given or made unconditionally or subject to stated conditions imposed or varied from time to time.\nsch s 425 sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\n(sec.425-ssec.1) TCA has the following functions for the purposes of this Chapter— approving, and cancelling the approval of, intelligent transport systems for use by intelligent access program service providers to monitor the relevant monitoring matters for an intelligent access program vehicle; managing the certification and audit regime for the Intelligent Access Program; certifying and auditing, and cancelling the certification of, intelligent access program service providers; engaging individuals, consultants and contractors to assist TCA in the exercise of its auditing activities.\n(sec.425-ssec.2) An approval, certification or engagement under subsection (1) may be given or made unconditionally or subject to stated conditions imposed or varied from time to time.\n- (a) approving, and cancelling the approval of, intelligent transport systems for use by intelligent access program service providers to monitor the relevant monitoring matters for an intelligent access program vehicle;\n- (b) managing the certification and audit regime for the Intelligent Access Program;\n- (c) certifying and auditing, and cancelling the certification of, intelligent access program service providers;\n- (d) engaging individuals, consultants and contractors to assist TCA in the exercise of its auditing activities.","sortOrder":651},{"sectionNumber":"sec.426","sectionType":"section","heading":"Powers to collect and hold intelligent access program information","content":"### sec.426 Powers to collect and hold intelligent access program information\n\nTCA may collect and hold intelligent access program information—\nfor the exercise of its functions mentioned in section 425 ; or\nfor law enforcement purposes.\nsch s 426 sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\n- (a) for the exercise of its functions mentioned in section 425 ; or\n- (b) for law enforcement purposes.","sortOrder":652},{"sectionNumber":"sec.427","sectionType":"section","heading":"Collecting intelligent access program information","content":"### sec.427 Collecting intelligent access program information\n\nTCA must ensure, so far as is reasonably practicable, the intelligent access program information it collects—\nis necessary for the purpose for which it is collected or a directly related purpose; and\nis not excessive for that purpose; and\nis accurate, complete and up to date.\nMaximum penalty—$6000.\nTCA must ensure, so far as is reasonably practicable, the collection of intelligent access program information by it does not intrude to an unreasonable extent on the personal privacy of any individual to whom the information relates.\nMaximum penalty—$6000.\nsch s 427 sub 2013 No. 4 s 12\namd 2016 No. 65 ss 77, 139\n(sec.427-ssec.1) TCA must ensure, so far as is reasonably practicable, the intelligent access program information it collects— is necessary for the purpose for which it is collected or a directly related purpose; and is not excessive for that purpose; and is accurate, complete and up to date. Maximum penalty—$6000.\n(sec.427-ssec.2) TCA must ensure, so far as is reasonably practicable, the collection of intelligent access program information by it does not intrude to an unreasonable extent on the personal privacy of any individual to whom the information relates. Maximum penalty—$6000.\n- (a) is necessary for the purpose for which it is collected or a directly related purpose; and\n- (b) is not excessive for that purpose; and\n- (c) is accurate, complete and up to date.","sortOrder":653},{"sectionNumber":"sec.428","sectionType":"section","heading":"Protecting intelligent access program information collected","content":"### sec.428 Protecting intelligent access program information collected\n\nTCA must ensure, so far as is reasonably practicable, intelligent access program information collected by TCA is protected against unauthorised access, unauthorised use, misuse, loss, modification or unauthorised disclosure.\nMaximum penalty—$20000.\nsch s 428 sub 2013 No. 4 s 12\namd 2015 No. 12 s 67 sch ; 2016 No. 65 ss 78, 139; 2018 No. 18 s 39 sch 1","sortOrder":654},{"sectionNumber":"sec.429","sectionType":"section","heading":"Making individuals aware of personal information held","content":"### sec.429 Making individuals aware of personal information held\n\nTCA must prepare, and make publicly available, a document setting out its policies on the management of personal information held by it.\nmaking a document available at TCA’s office\nmaking a document available on TCA’s website\nMaximum penalty—$6000.\nIf asked by an individual about whom TCA holds personal information, TCA must, within 28 days after receiving the request, give the individual the following information if it can reasonably give the information—\nthe kind of information it holds about the individual;\nthe purpose for which the information is held;\nthe way in which it collects, holds, uses and discloses the information;\nthe entities to whom the information may be disclosed;\nthat, under this Chapter, the individual has rights of access to the information or to have the information changed to ensure it is accurate, complete and up to date;\nhow the rights mentioned in paragraph (e) can be exercised.\nMaximum penalty—$6000.\nSubsection (2) does not require TCA to inform an individual that a report under section 422 , 423 , 438 , 451 or 452 exists or has been made.\nsch s 429 sub 2013 No. 4 s 12\n(sec.429-ssec.1) TCA must prepare, and make publicly available, a document setting out its policies on the management of personal information held by it. making a document available at TCA’s office making a document available on TCA’s website Maximum penalty—$6000.\n(sec.429-ssec.2) If asked by an individual about whom TCA holds personal information, TCA must, within 28 days after receiving the request, give the individual the following information if it can reasonably give the information— the kind of information it holds about the individual; the purpose for which the information is held; the way in which it collects, holds, uses and discloses the information; the entities to whom the information may be disclosed; that, under this Chapter, the individual has rights of access to the information or to have the information changed to ensure it is accurate, complete and up to date; how the rights mentioned in paragraph (e) can be exercised. Maximum penalty—$6000.\n(sec.429-ssec.3) Subsection (2) does not require TCA to inform an individual that a report under section 422 , 423 , 438 , 451 or 452 exists or has been made.\n- • making a document available at TCA’s office\n- • making a document available on TCA’s website\n- (a) the kind of information it holds about the individual;\n- (b) the purpose for which the information is held;\n- (c) the way in which it collects, holds, uses and discloses 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 information or to have the information changed to ensure it is accurate, complete and up to date;\n- (f) how the rights mentioned in paragraph (e) can be exercised.","sortOrder":655},{"sectionNumber":"sec.430","sectionType":"section","heading":"Giving individuals access to their personal information","content":"### sec.430 Giving individuals access to their personal information\n\nTCA must, if asked by an individual about whom TCA holds personal information, give the individual access to the information as soon as practicable and without cost.\nMaximum penalty—$6000.\nSubsection (1) does not require TCA to give an individual access to a report made under section 422 , 423 , 438 , 451 or 452 or information showing that a report of that kind exists or has been made.\nsch s 430 sub 2013 No. 4 s 12\n(sec.430-ssec.1) TCA must, if asked by an individual about whom TCA holds personal information, give the individual access to the information as soon as practicable and without cost. Maximum penalty—$6000.\n(sec.430-ssec.2) Subsection (1) does not require TCA to give an individual access to a report made under section 422 , 423 , 438 , 451 or 452 or information showing that a report of that kind exists or has been made.","sortOrder":656},{"sectionNumber":"sec.431","sectionType":"section","heading":"Correcting errors etc.","content":"### sec.431 Correcting errors etc.\n\nThis section applies if an individual about whom TCA holds personal information asks TCA to make a particular change to the personal information.\nTCA must make the change if it is satisfied the change is appropriate to ensure the personal information is accurate, complete and up to date.\nMaximum penalty—$6000.\nIf TCA is not satisfied as mentioned in subsection (2) , it may refuse to comply with the request.\nIf TCA refuses, under subsection (3) , to comply with an individual’s request, it must give the individual a notice stating—\nTCA’s reasons for refusing; and\nthat the individual may ask TCA to attach to or include with the personal information the individual’s request or a record of it.\nIf an individual referred to in subsection (4) asks TCA to do so, it must attach to or include with the personal information the request or a record of the request.\nMaximum penalty—$6000.\nsch s 431 sub 2013 No. 4 s 12\n(sec.431-ssec.1) This section applies if an individual about whom TCA holds personal information asks TCA to make a particular change to the personal information.\n(sec.431-ssec.2) TCA must make the change if it is satisfied the change is appropriate to ensure the personal information is accurate, complete and up to date. Maximum penalty—$6000.\n(sec.431-ssec.3) If TCA is not satisfied as mentioned in subsection (2) , it may refuse to comply with the request.\n(sec.431-ssec.4) If TCA refuses, under subsection (3) , to comply with an individual’s request, it must give the individual a notice stating— TCA’s reasons for refusing; and that the individual may ask TCA to attach to or include with the personal information the individual’s request or a record of it.\n(sec.431-ssec.5) If an individual referred to in subsection (4) asks TCA to do so, it must attach to or include with the personal information the request or a record of the request. Maximum penalty—$6000.\n- (a) TCA’s reasons for refusing; and\n- (b) that the individual may ask TCA to attach to or include with the personal information the individual’s request or a record of it.","sortOrder":657},{"sectionNumber":"sec.432","sectionType":"section","heading":"General restriction on use and disclosure of intelligent access program information","content":"### sec.432 General restriction on use and disclosure of intelligent access program information\n\nTCA must not use or disclose intelligent access program information other than as required or authorised under this Law or another law.\nMaximum penalty—$20000.\nsch s 432 sub 2013 No. 4 s 12\namd 2015 No. 12 s 67 sch ; 2016 No. 65 s 139","sortOrder":658},{"sectionNumber":"sec.433","sectionType":"section","heading":"Powers to use and disclose intelligent access program information","content":"### sec.433 Powers to use and disclose intelligent access program information\n\nTCA may use or disclose intelligent access program information—\nfor the exercise of its functions mentioned in section 425 ; or\nfor law enforcement purposes.\nTCA may disclose intelligent access program information to the Regulator if it is satisfied the information is relevant to the Regulator’s functions under this Law.\nTCA may disclose intelligent access program information to an intelligent access program auditor if it is satisfied the information is relevant to an intelligent access program audit the auditor is conducting.\nTCA may disclose intelligent access program information relating to a particular operator of an intelligent access program vehicle to the operator.\nTCA may, with the written consent of an operator of an intelligent access program vehicle, disclose intelligent access program information about the operator to a person other than the operator for any purpose if the information—\ndoes not identify any individual other than the operator; and\ncontains nothing by which the identity of any individual, other than the operator, can reasonably be found out.\nTCA may use or disclose intelligent access program information for research purposes if the information contains no personal information.\nTCA may use or disclose intelligent access program information that is personal information with the written consent of the individual to whom the personal information relates.\nThis section is subject to section 439 .\nsch s 433 sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\n(sec.433-ssec.1) TCA may use or disclose intelligent access program information— for the exercise of its functions mentioned in section 425 ; or for law enforcement purposes.\n(sec.433-ssec.2) TCA may disclose intelligent access program information to the Regulator if it is satisfied the information is relevant to the Regulator’s functions under this Law.\n(sec.433-ssec.3) TCA may disclose intelligent access program information to an intelligent access program auditor if it is satisfied the information is relevant to an intelligent access program audit the auditor is conducting.\n(sec.433-ssec.4) TCA may disclose intelligent access program information relating to a particular operator of an intelligent access program vehicle to the operator.\n(sec.433-ssec.5) TCA may, with the written consent of an operator of an intelligent access program vehicle, disclose intelligent access program information about the operator to a person other than the operator for any purpose if the information— does not identify any individual other than the operator; and contains nothing by which the identity of any individual, other than the operator, can reasonably be found out.\n(sec.433-ssec.6) TCA may use or disclose intelligent access program information for research purposes if the information contains no personal information.\n(sec.433-ssec.7) TCA may use or disclose intelligent access program information that is personal information with the written consent of the individual to whom the personal information relates.\n(sec.433-ssec.8) This section is subject to section 439 .\n- (a) for the exercise of its functions mentioned in section 425 ; or\n- (b) for law enforcement purposes.\n- (a) does not identify any individual other than the operator; and\n- (b) contains nothing by which the identity of any individual, other than the operator, can reasonably be found out.","sortOrder":659},{"sectionNumber":"sec.434","sectionType":"section","heading":"Restriction about intelligent access program information that may be used or disclosed","content":"### sec.434 Restriction about intelligent access program information that may be used or disclosed\n\nTCA must not use or disclose intelligent access program information unless TCA is reasonably satisfied, having regard to the purpose for which the information is to be used or disclosed, the information is accurate, complete and up to date.\nMaximum penalty—$6000.\nsch s 434 sub 2013 No. 4 s 12\namd 2016 No. 65 s 139","sortOrder":660},{"sectionNumber":"sec.435","sectionType":"section","heading":"Keeping record of use or disclosure of intelligent access program information","content":"### sec.435 Keeping record of use or disclosure of intelligent access program information\n\nIf TCA uses or discloses intelligent access program information, TCA must, within 7 days after the use or disclosure, make a record of the use or disclosure that—\ncontains the information mentioned in subsection (2) ; and\nis in a form that ensures the record is readily accessible by an authorised officer at the place where it is kept.\nMaximum penalty—$6000.\nThe record must contain the following information—\nthe name of the person who used or disclosed the intelligent access program information on behalf of TCA;\nthe date of the use or disclosure;\nfor a use of intelligent access program information by or on behalf of TCA, a brief description of how the information was used;\nfor a disclosure of intelligent access program information by or on behalf of TCA, the entity to whom the information was disclosed;\nthe provision of this Law or another law TCA believes authorises the use or disclosure;\nif the use or disclosure is authorised only with a particular document (including, for example, a warrant, a certificate or a consent), a copy of the document.\nTCA must keep a record made under this section for at least 2 years.\nMaximum penalty—$6000.\nsch s 435 sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\n(sec.435-ssec.1) If TCA uses or discloses intelligent access program information, TCA must, within 7 days after the use or disclosure, make a record of the use or disclosure that— contains the information mentioned in subsection (2) ; and is in a form that ensures the record is readily accessible by an authorised officer at the place where it is kept. Maximum penalty—$6000.\n(sec.435-ssec.2) The record must contain the following information— the name of the person who used or disclosed the intelligent access program information on behalf of TCA; the date of the use or disclosure; for a use of intelligent access program information by or on behalf of TCA, a brief description of how the information was used; for a disclosure of intelligent access program information by or on behalf of TCA, the entity to whom the information was disclosed; the provision of this Law or another law TCA believes authorises the use or disclosure; if the use or disclosure is authorised only with a particular document (including, for example, a warrant, a certificate or a consent), a copy of the document.\n(sec.435-ssec.3) TCA must keep a record made under this section for at least 2 years. Maximum penalty—$6000.\n- (a) contains the information mentioned in subsection (2) ; and\n- (b) is in a form that ensures the record is readily accessible by an authorised officer at the place where it is kept.\n- (a) the name of the person who used or disclosed the intelligent access program information on behalf of TCA;\n- (b) the date of the use or disclosure;\n- (c) for a use of intelligent access program information by or on behalf of TCA, a brief description of how the information was used;\n- (d) for a disclosure of intelligent access program information by or on behalf of TCA, the entity to whom the information was disclosed;\n- (e) the provision of this Law or another law TCA believes authorises the use or disclosure;\n- (f) if the use or disclosure is authorised only with a particular document (including, for example, a warrant, a certificate or a consent), a copy of the document.","sortOrder":661},{"sectionNumber":"sec.436","sectionType":"section","heading":"Keeping noncompliance reports","content":"### sec.436 Keeping noncompliance reports\n\nTCA must keep any noncompliance report received by it for at least 4 years after its receipt.\nMaximum penalty—$6000.\nsch s 436 sub 2013 No. 4 s 12","sortOrder":662},{"sectionNumber":"sec.437","sectionType":"section","heading":"Destroying intelligent access program information or removing personal information from it","content":"### sec.437 Destroying intelligent access program information or removing personal information from it\n\nTCA must ensure, so far as is reasonably practicable, intelligent access program information collected by TCA is destroyed—\ngenerally—1 year after the information is collected; or\nif, at the end of that 1 year, the information is required for law enforcement purposes—as soon as practicable after the information is no longer required for law enforcement purposes.\nMaximum penalty—$6000.\nTCA is taken to have complied with subsection (1) for intelligent access program information if it permanently removes anything by which an individual can be identified from the information.\nThis section does not apply to a noncompliance report TCA is required to keep under section 436 .\nsch s 437 sub 2013 No. 4 s 12\namd 2016 No. 65 ss 79, 139; 2018 No. 18 s 39 sch 1\n(sec.437-ssec.1) TCA must ensure, so far as is reasonably practicable, intelligent access program information collected by TCA is destroyed— generally—1 year after the information is collected; or if, at the end of that 1 year, the information is required for law enforcement purposes—as soon as practicable after the information is no longer required for law enforcement purposes. Maximum penalty—$6000.\n(sec.437-ssec.2) TCA is taken to have complied with subsection (1) for intelligent access program information if it permanently removes anything by which an individual can be identified from the information.\n(sec.437-ssec.3) This section does not apply to a noncompliance report TCA is required to keep under section 436 .\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 enforcement purposes—as soon as practicable after the information is no longer required for law enforcement purposes.","sortOrder":663},{"sectionNumber":"sec.438","sectionType":"section","heading":"Reporting tampering or suspected tampering with, or malfunction or suspected malfunction of, approved intelligent transport system to Regulator","content":"### sec.438 Reporting tampering or suspected tampering with, or malfunction or suspected malfunction of, approved intelligent transport system to Regulator\n\nIf TCA knows, or has reasonable grounds to suspect, an approved intelligent transport system has been tampered with or has malfunctioned, TCA must report the matter to the Regulator within 7 days.\nMaximum penalty—$6000.\nFor the purposes of subsection (1) , TCA does not know, or have reasonable grounds to suspect, an approved intelligent transport system has been tampered with or has malfunctioned merely because it has—\naccessed a report made by the system (including a noncompliance report) indicating that apparent tampering with, or malfunctioning of, the system has been detected electronically; or\nanalysed information generated by the system.\nsch s 438 sub 2013 No. 4 s 12\n(sec.438-ssec.1) If TCA knows, or has reasonable grounds to suspect, an approved intelligent transport system has been tampered with or has malfunctioned, TCA must report the matter to the Regulator within 7 days. Maximum penalty—$6000.\n(sec.438-ssec.2) For the purposes of subsection (1) , TCA does not know, or have reasonable grounds to suspect, an approved intelligent transport system has been tampered with or has malfunctioned merely because it has— accessed a report made by the system (including a noncompliance report) indicating that apparent tampering with, or malfunctioning of, the system has been detected electronically; or analysed information generated by the system.\n- (a) accessed a report made by the system (including a noncompliance report) indicating that apparent tampering with, or malfunctioning of, the system has been detected electronically; or\n- (b) analysed information generated by the system.","sortOrder":664},{"sectionNumber":"sec.439","sectionType":"section","heading":"Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system","content":"### sec.439 Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system\n\nIf TCA knows, or has reasonable grounds to suspect, an approved intelligent transport system has been tampered with, TCA must not disclose the following to any entity other than the Regulator—\ninformation that TCA has that knowledge or suspicion;\ninformation from which it could reasonably be inferred that TCA has that knowledge or suspicion.\nMaximum penalty—$6000.\nFor the purposes of subsection (1) , TCA does not know or have reasonable grounds to suspect an approved intelligent transport system has been tampered with merely because it has—\naccessed a report made by the system (including a noncompliance report) indicating that apparent tampering with the system has been detected electronically; or\nanalysed information generated by the system.\nIf TCA has made a report of apparent or suspected tampering to the Regulator under section 438 , TCA must not disclose to any entity other than the Regulator the following—\ninformation that the report has been made;\ninformation from which it could reasonably be inferred that TCA has made the report.\nMaximum penalty—$6000.\nSubsection (1) or (3) does not apply if the disclosure of the information to which the subsection applies is authorised under another law.\nsch s 439 sub 2013 No. 4 s 12\n(sec.439-ssec.1) If TCA knows, or has reasonable grounds to suspect, an approved intelligent transport system has been tampered with, TCA must not disclose the following to any entity other than the Regulator— information that TCA has that knowledge or suspicion; information from which it could reasonably be inferred that TCA has that knowledge or suspicion. Maximum penalty—$6000.\n(sec.439-ssec.2) For the purposes of subsection (1) , TCA does not know or have reasonable grounds to suspect an approved intelligent transport system has been tampered with merely because it has— accessed a report made by the system (including a noncompliance report) indicating that apparent tampering with the system has been detected electronically; or analysed information generated by the system.\n(sec.439-ssec.3) If TCA has made a report of apparent or suspected tampering to the Regulator under section 438 , TCA must not disclose to any entity other than the Regulator the following— information that the report has been made; information from which it could reasonably be inferred that TCA has made the report. Maximum penalty—$6000.\n(sec.439-ssec.4) Subsection (1) or (3) does not apply if the disclosure of the information to which the subsection applies is authorised under another law.\n- (a) information that TCA has that knowledge or suspicion;\n- (b) information from which it could reasonably be inferred that TCA has that knowledge or suspicion.\n- (a) accessed a report made by the system (including a noncompliance report) indicating that apparent tampering with the system has been detected electronically; or\n- (b) analysed information generated by the system.\n- (a) information that the report has been made;\n- (b) information from which it could reasonably be inferred that TCA has made the report.","sortOrder":665},{"sectionNumber":"sch-inc-ch.7-pt.7.6","sectionType":"part","heading":"Powers, duties and obligations of intelligent access program auditors","content":"# Powers, duties and obligations of intelligent access program auditors","sortOrder":666},{"sectionNumber":"sec.440","sectionType":"section","heading":"Powers to collect and hold intelligent access program information","content":"### sec.440 Powers to collect and hold intelligent access program information\n\nAn intelligent access program auditor may collect and hold intelligent access program information for conducting an intelligent access program audit.\nsch s 440 sub 2013 No. 4 s 12\namd 2016 No. 65 s 139","sortOrder":667},{"sectionNumber":"sec.441","sectionType":"section","heading":"Collecting intelligent access program information","content":"### sec.441 Collecting intelligent access program information\n\nAn intelligent access program auditor must ensure, so far as is reasonably practicable, intelligent access program information the auditor collects—\nis necessary for the purpose for which it is collected or a directly related purpose; and\nis not excessive for that purpose; and\nis accurate, complete and up to date.\nMaximum penalty—$6000.\nAn intelligent access program auditor must ensure, so far as is reasonably practicable, the collection of intelligent access program information by the auditor does not intrude to an unreasonable extent on the personal privacy of any individual to whom the information relates.\nMaximum penalty—$6000.\nsch s 441 sub 2013 No. 4 s 12\namd 2016 No. 65 ss 80, 139\n(sec.441-ssec.1) An intelligent access program auditor must ensure, so far as is reasonably practicable, intelligent access program information the auditor collects— is necessary for the purpose for which it is collected or a directly related purpose; and is not excessive for that purpose; and is accurate, complete and up to date. Maximum penalty—$6000.\n(sec.441-ssec.2) An intelligent access program auditor must ensure, so far as is reasonably practicable, the collection of intelligent access program information by the auditor does not intrude to an unreasonable extent on the personal privacy of any individual to whom the information relates. Maximum penalty—$6000.\n- (a) is necessary for the purpose for which it is collected or a directly related purpose; and\n- (b) is not excessive for that purpose; and\n- (c) is accurate, complete and up to date.","sortOrder":668},{"sectionNumber":"sec.442","sectionType":"section","heading":"Protecting intelligent access program information collected","content":"### sec.442 Protecting intelligent access program information collected\n\nAn intelligent access program auditor must ensure, so far as is reasonably practicable, intelligent access program information collected by the auditor is protected against unauthorised access, unauthorised use, misuse, loss, modification or unauthorised disclosure.\nMaximum penalty—$20000.\nsch s 442 sub 2013 No. 4 s 12\namd 2015 No. 12 s 67 sch ; 2016 No. 65 ss 81, 139; 2018 No. 18 s 39 sch 1","sortOrder":669},{"sectionNumber":"sec.443","sectionType":"section","heading":"Making individuals aware of personal information held","content":"### sec.443 Making individuals aware of personal information held\n\nIf asked by an individual about whom an intelligent access program auditor holds personal information, the auditor must, within 28 days after receiving the request, give the individual the following information if the auditor can reasonably give the information—\nthe kind of information the auditor holds about the individual;\nthe purpose for which the information is held;\nthe entities to whom the information may be disclosed;\nthat, under this Chapter, the individual has rights of access to the information or to have the information changed to ensure it is accurate, complete and up to date;\nhow the rights mentioned in paragraph (d) can be exercised.\nMaximum penalty—$6000.\nSubsection (1) does not require an intelligent access program auditor to inform an individual that a report under section 422 , 423 , 438 , 451 or 452 exists or has been made.\nsch s 443 sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\n(sec.443-ssec.1) If asked by an individual about whom an intelligent access program auditor holds personal information, the auditor must, within 28 days after receiving the request, give the individual the following information if the auditor can reasonably give the information— the kind of information the auditor holds about the individual; the purpose for which the information is held; the entities to whom the information may be disclosed; that, under this Chapter, the individual has rights of access to the information or to have the information changed to ensure it is accurate, complete and up to date; how the rights mentioned in paragraph (d) can be exercised. Maximum penalty—$6000.\n(sec.443-ssec.2) Subsection (1) does not require an intelligent access program auditor to inform an individual that a report under section 422 , 423 , 438 , 451 or 452 exists or has been made.\n- (a) the kind of information the auditor holds about the individual;\n- (b) the purpose for which the information is held;\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 information or to have the information changed to ensure it is accurate, complete and up to date;\n- (e) how the rights mentioned in paragraph (d) can be exercised.","sortOrder":670},{"sectionNumber":"sec.444","sectionType":"section","heading":"Giving individuals access to their personal information","content":"### sec.444 Giving individuals access to their personal information\n\nAn intelligent access program auditor must, if asked by an individual about whom the auditor holds personal information, give the individual access to the information as soon as practicable and without cost.\nMaximum penalty—$6000.\nSubsection (1) does not require an intelligent access program auditor to give an individual access to a report made under section 422 , 423 , 438 , 451 or 452 .\nsch s 444 sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\n(sec.444-ssec.1) An intelligent access program auditor must, if asked by an individual about whom the auditor holds personal information, give the individual access to the information as soon as practicable and without cost. Maximum penalty—$6000.\n(sec.444-ssec.2) Subsection (1) does not require an intelligent access program auditor to give an individual access to a report made under section 422 , 423 , 438 , 451 or 452 .","sortOrder":671},{"sectionNumber":"sec.445","sectionType":"section","heading":"Correcting errors etc.","content":"### sec.445 Correcting errors etc.\n\nThis section applies if an individual about whom an intelligent access program auditor holds personal information asks the auditor to make a particular change to the personal information.\nThe intelligent access program auditor must make the change if the auditor is satisfied the change is appropriate to ensure the personal information is accurate, complete and up to date.\nMaximum penalty—$6000.\nIf the intelligent access program auditor is not satisfied as mentioned in subsection (2) , the auditor may refuse to comply with the request.\nIf, under subsection (3) , an intelligent access program auditor refuses to comply with an individual’s request, the auditor must—\ngive the individual a notice stating—\nthe auditor’s reasons for refusing; and\nthat the individual may ask the auditor to attach to or include with the personal information the individual’s request or a record of it; and\nif asked by the individual, attach to or include with the personal information the request or a record of the request.\nMaximum penalty—$6000.\nsch s 445 sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\n(sec.445-ssec.1) This section applies if an individual about whom an intelligent access program auditor holds personal information asks the auditor to make a particular change to the personal information.\n(sec.445-ssec.2) The intelligent access program auditor must make the change if the auditor is satisfied the change is appropriate to ensure the personal information is accurate, complete and up to date. Maximum penalty—$6000.\n(sec.445-ssec.3) If the intelligent access program auditor is not satisfied as mentioned in subsection (2) , the auditor may refuse to comply with the request.\n(sec.445-ssec.4) If, under subsection (3) , an intelligent access program auditor refuses to comply with an individual’s request, the auditor must— give the individual a notice stating— the auditor’s reasons for refusing; and that the individual may ask the auditor to attach to or include with the personal information the individual’s request or a record of it; and if asked by the individual, attach to or include with the personal information the request or a record of the request. Maximum penalty—$6000.\n- (a) give the individual a notice stating— (i) the auditor’s reasons for refusing; and (ii) that the individual may ask the auditor to attach to or include with the personal information the individual’s request or a record of it; and\n- (i) the auditor’s reasons for refusing; and\n- (ii) that the individual may ask the auditor to attach to or include with the personal information the individual’s request or a record of it; and\n- (b) if asked by the individual, attach to or include with the personal information the request or a record of the request.\n- (i) the auditor’s reasons for refusing; and\n- (ii) that the individual may ask the auditor to attach to or include with the personal information the individual’s request or a record of it; and","sortOrder":672},{"sectionNumber":"sec.446","sectionType":"section","heading":"General restriction on use and disclosure of intelligent access program information","content":"### sec.446 General restriction on use and disclosure of intelligent access program information\n\nAn intelligent access program auditor must not use or disclose intelligent access program information other than as required or authorised under this Law or another law.\nMaximum penalty—$20000.\nsch s 446 sub 2013 No. 4 s 12\namd 2015 No. 12 s 67 sch ; 2016 No. 65 s 139","sortOrder":673},{"sectionNumber":"sec.447","sectionType":"section","heading":"Powers to use and disclose intelligent access program information","content":"### sec.447 Powers to use and disclose intelligent access program information\n\nAn intelligent access program auditor may use and disclose intelligent access program information for—\nconducting an intelligent access program audit; or\nreporting, to TCA, any of the following—\na relevant contravention for an intelligent access program vehicle;\ntampering or suspected tampering with an approved intelligent transport system by an operator of an intelligent access program vehicle;\ntampering or suspected tampering with an approved intelligent transport system by an intelligent access program service provider;\na failure by an intelligent access program service provider to comply with the service provider’s obligations under this Chapter.\nAn intelligent access program auditor may disclose intelligent access program information to the Regulator if the auditor is reasonably satisfied the information is relevant to the Regulator’s functions under this Law.\nAn intelligent access program auditor may disclose intelligent access program information to TCA if the auditor is reasonably satisfied the information is relevant to TCA’s functions under this Chapter.\nAn intelligent access program auditor may disclose intelligent access program information relating to a particular operator of an intelligent access program vehicle to the operator.\nAn intelligent access program auditor may use and disclose intelligent access program information that is personal information with the written consent of the individual to whom the personal information relates.\nThis section is subject to section 453 .\nsch s 447 sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\n(sec.447-ssec.1) An intelligent access program auditor may use and disclose intelligent access program information for— conducting an intelligent access program audit; or reporting, to TCA, any of the following— a relevant contravention for an intelligent access program vehicle; tampering or suspected tampering with an approved intelligent transport system by an operator of an intelligent access program vehicle; tampering or suspected tampering with an approved intelligent transport system by an intelligent access program service provider; a failure by an intelligent access program service provider to comply with the service provider’s obligations under this Chapter.\n(sec.447-ssec.2) An intelligent access program auditor may disclose intelligent access program information to the Regulator if the auditor is reasonably satisfied the information is relevant to the Regulator’s functions under this Law.\n(sec.447-ssec.3) An intelligent access program auditor may disclose intelligent access program information to TCA if the auditor is reasonably satisfied the information is relevant to TCA’s functions under this Chapter.\n(sec.447-ssec.4) An intelligent access program auditor may disclose intelligent access program information relating to a particular operator of an intelligent access program vehicle to the operator.\n(sec.447-ssec.5) An intelligent access program auditor may use and disclose intelligent access program information that is personal information with the written consent of the individual to whom the personal information relates.\n(sec.447-ssec.6) This section is subject to section 453 .\n- (a) conducting an intelligent access program audit; or\n- (b) reporting, to TCA, any of the following— (i) a relevant contravention for an intelligent access program vehicle; (ii) tampering or suspected tampering with an approved intelligent transport system by an operator of an intelligent access program vehicle; (iii) tampering or suspected tampering with an approved intelligent transport system by an intelligent access program service provider; (iv) a failure by an intelligent access program service provider to comply with the service provider’s obligations under this Chapter.\n- (i) a relevant contravention for an intelligent access program vehicle;\n- (ii) tampering or suspected tampering with an approved intelligent transport system by an operator of an intelligent access program vehicle;\n- (iii) tampering or suspected tampering with an approved intelligent transport system by an intelligent access program service provider;\n- (iv) a failure by an intelligent access program service provider to comply with the service provider’s obligations under this Chapter.\n- (i) a relevant contravention for an intelligent access program vehicle;\n- (ii) tampering or suspected tampering with an approved intelligent transport system by an operator of an intelligent access program vehicle;\n- (iii) tampering or suspected tampering with an approved intelligent transport system by an intelligent access program service provider;\n- (iv) a failure by an intelligent access program service provider to comply with the service provider’s obligations under this Chapter.","sortOrder":674},{"sectionNumber":"sec.448","sectionType":"section","heading":"Restriction about intelligent access program information that may be used or disclosed","content":"### sec.448 Restriction about intelligent access program information that may be used or disclosed\n\nAn intelligent access program auditor must not use or disclose intelligent access program information unless the auditor is reasonably satisfied, having regard to the purpose for which the information is to be used or disclosed, the information is accurate, complete and up to date.\nMaximum penalty—$6000.\nsch s 448 sub 2013 No. 4 s 12\namd 2016 No. 65 s 139","sortOrder":675},{"sectionNumber":"sec.449","sectionType":"section","heading":"Keeping record of use or disclosure of intelligent access program information","content":"### sec.449 Keeping record of use or disclosure of intelligent access program information\n\nIf an intelligent access program auditor uses or discloses intelligent access program information, the auditor must, within 7 days after the use or disclosure, make a record of the use or disclosure that—\ncontains the information mentioned in subsection (2) ; and\nis in a form that ensures the record is readily accessible by an authorised officer at the place where it is kept.\nMaximum penalty—$6000.\nThe record must contain the following information—\nthe intelligent access program auditor’s name or, if someone else used or disclosed the intelligent access program information on behalf of the auditor, the name of the person who used or disclosed the intelligent access program information;\nthe date of the use or disclosure;\nfor a use of intelligent access program information by or on behalf of the auditor, a brief description of how the information was used;\nfor a disclosure of intelligent access program information by or on behalf of the auditor, the entity to whom the information was disclosed;\nthe provision of this Law or another law the auditor believes authorises the use or disclosure;\nif the use or disclosure is authorised only under a particular document (including, for example, a warrant, a certificate or a consent), a copy of the document.\nMaximum penalty—$6000.\nAn intelligent access program auditor must keep a record made under this section for at least 2 years.\nMaximum penalty—$6000.\nsch s 449 sub 2013 No. 4 s 12\namd 2016 No. 65 s 139\n(sec.449-ssec.1) If an intelligent access program auditor uses or discloses intelligent access program information, the auditor must, within 7 days after the use or disclosure, make a record of the use or disclosure that— contains the information mentioned in subsection (2) ; and is in a form that ensures the record is readily accessible by an authorised officer at the place where it is kept. Maximum penalty—$6000.\n(sec.449-ssec.2) The record must contain the following information— the intelligent access program auditor’s name or, if someone else used or disclosed the intelligent access program information on behalf of the auditor, the name of the person who used or disclosed the intelligent access program information; the date of the use or disclosure; for a use of intelligent access program information by or on behalf of the auditor, a brief description of how the information was used; for a disclosure of intelligent access program information by or on behalf of the auditor, the entity to whom the information was disclosed; the provision of this Law or another law the auditor believes authorises the use or disclosure; if the use or disclosure is authorised only under a particular document (including, for example, a warrant, a certificate or a consent), a copy of the document. Maximum penalty—$6000.\n(sec.449-ssec.3) An intelligent access program auditor must keep a record made under this section for at least 2 years. Maximum penalty—$6000.\n- (a) contains the information mentioned in subsection (2) ; and\n- (b) is in a form that ensures the record is readily accessible by an authorised officer at the place where it is kept.\n- (a) the intelligent access program auditor’s name or, if someone else used or disclosed the intelligent access program information on behalf of the auditor, the name of the person who used or disclosed the intelligent access program information;\n- (b) the date of the use or disclosure;\n- (c) for a use of intelligent access program information by or on behalf of the auditor, a brief description of how the information was used;\n- (d) for a disclosure of intelligent access program information by or on behalf of the auditor, the entity to whom the information was disclosed;\n- (e) the provision of this Law or another law the auditor believes authorises the use or disclosure;\n- (f) if the use or disclosure is authorised only under a particular document (including, for example, a warrant, a certificate or a consent), a copy of the document.","sortOrder":676},{"sectionNumber":"sec.450","sectionType":"section","heading":"Destroying intelligent access program information or removing personal information from it","content":"### sec.450 Destroying intelligent access program information or removing personal information from it\n\nAn intelligent access program auditor must ensure, so far as is reasonably practicable, intelligent access program information held by the auditor is destroyed as soon as practicable after the information is no longer needed for an intelligent access program audit conducted by the auditor.\nMaximum penalty—$6000.\nAn intelligent access program auditor is taken to have complied with subsection (1) for intelligent access program information if the auditor permanently removes anything by which an individual can be identified from the information.\nsch s 450 sub 2013 No. 4 s 12\namd 2016 No. 65 ss 82, 139; 2018 No. 18 s 39 sch 1\n(sec.450-ssec.1) An intelligent access program auditor must ensure, so far as is reasonably practicable, intelligent access program information held by the auditor is destroyed as soon as practicable after the information is no longer needed for an intelligent access program audit conducted by the auditor. Maximum penalty—$6000.\n(sec.450-ssec.2) An intelligent access program auditor is taken to have complied with subsection (1) for intelligent access program information if the auditor permanently removes anything by which an individual can be identified from the information.","sortOrder":677},{"sectionNumber":"sec.451","sectionType":"section","heading":"Reporting contraventions by intelligent access program service providers to TCA","content":"### sec.451 Reporting contraventions by intelligent access program service providers to TCA\n\nIf an intelligent access program auditor knows, or has reasonable grounds to suspect, an intelligent access program service provider has contravened an obligation under this Chapter, the auditor must, as soon as practicable, report the matter to TCA.\nMaximum penalty—$6000.\nsch s 451 amd 2016 No. 65 s 139","sortOrder":678},{"sectionNumber":"sec.452","sectionType":"section","heading":"Reporting tampering or suspected tampering with approved intelligent transport system to Regulator or TCA","content":"### sec.452 Reporting tampering or suspected tampering with approved intelligent transport system to Regulator or TCA\n\nIf an intelligent access program auditor knows, or has reasonable grounds to suspect, an approved intelligent transport system has been tampered with, the auditor must, as soon as practicable, report the matter—\nfor tampering or suspected tampering by an operator of an intelligent access program vehicle—to the Regulator; or\nfor tampering or suspected tampering by an intelligent access program service provider—to TCA.\nMaximum penalty—$6000.\nsch s 452 amd 2016 No. 65 s 139\n- (a) for tampering or suspected tampering by an operator of an intelligent access program vehicle—to the Regulator; or\n- (b) for tampering or suspected tampering by an intelligent access program service provider—to TCA.","sortOrder":679},{"sectionNumber":"sec.453","sectionType":"section","heading":"Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system","content":"### sec.453 Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system\n\nIf an intelligent access program auditor knows, or has reasonable grounds to suspect, an approved intelligent transport system has been tampered with, the auditor must not disclose the following to any entity other than the Regulator or TCA—\ninformation that the auditor has that knowledge or suspicion;\ninformation from which it could reasonably be inferred that the auditor has that knowledge or suspicion.\nMaximum penalty—$6000.\nIf an intelligent access program auditor has made a report to the Regulator or TCA under section 452 of apparent or suspected tampering, the auditor must not disclose the following to any entity other than the Regulator or TCA—\ninformation that the report has been made;\ninformation from which it could reasonably be inferred that the auditor has made the report.\nMaximum penalty—$6000.\nSubsection (1) or (2) does not apply if the disclosure of the information to which the subsection applies is authorised under another law.\nsch s 453 amd 2016 No. 65 s 139\n(sec.453-ssec.1) If an intelligent access program auditor knows, or has reasonable grounds to suspect, an approved intelligent transport system has been tampered with, the auditor must not disclose the following to any entity other than the Regulator or TCA— information that the auditor has that knowledge or suspicion; information from which it could reasonably be inferred that the auditor has that knowledge or suspicion. Maximum penalty—$6000.\n(sec.453-ssec.2) If an intelligent access program auditor has made a report to the Regulator or TCA under section 452 of apparent or suspected tampering, the auditor must not disclose the following to any entity other than the Regulator or TCA— information that the report has been made; information from which it could reasonably be inferred that the auditor has made the report. Maximum penalty—$6000.\n(sec.453-ssec.3) Subsection (1) or (2) does not apply if the disclosure of the information to which the subsection applies is authorised under another law.\n- (a) information that the auditor has that knowledge or suspicion;\n- (b) information from which it could reasonably be inferred that the auditor has that knowledge or suspicion.\n- (a) information that the report has been made;\n- (b) information from which it could reasonably be inferred that the auditor has made the report.","sortOrder":680},{"sectionNumber":"sch-inc-ch.7-pt.7.7","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":681},{"sectionNumber":"sec.454","sectionType":"section","heading":"Offence to tamper with approved intelligent transport system","content":"### sec.454 Offence to tamper with approved intelligent transport system\n\nA person commits an offence if—\nthe person tampers with an approved intelligent transport system; and\nthe person does so with the intention of causing the system to—\nfail to generate, record, store, display, analyse, transmit or report intelligent access program information; or\nfail to generate, record, store, display, analyse, transmit or report intelligent access program information correctly.\nMaximum penalty—$10000.\nA person commits an offence if—\nthe person tampers with an approved intelligent transport system; and\nthe person is negligent or reckless as to whether, as a result of the tampering, the system may—\nfail to generate, record, store, display, analyse, transmit or report intelligent access program information; or\nfail to generate, record, store, display, analyse, transmit or report intelligent access program information correctly.\nMaximum penalty—$8000.\nIn this section—\nfail —\nmeans does not perform as intended in relation to accuracy, timeliness, reliability, verifiability or any other performance requirement or standard; and\nincludes fail permanently, fail temporarily, fail on a particular occasion and fail in particular circumstances.\nsch s 454 amd 2016 No. 65 s 139\n(sec.454-ssec.1) A person commits an offence if— the person tampers with an approved intelligent transport system; and the person does so with the intention of causing the system to— fail to generate, record, store, display, analyse, transmit or report intelligent access program information; or fail to generate, record, store, display, analyse, transmit or report intelligent access program information correctly. Maximum penalty—$10000.\n(sec.454-ssec.2) A person commits an offence if— the person tampers with an approved intelligent transport system; and the person is negligent or reckless as to whether, as a result of the tampering, the system may— fail to generate, record, store, display, analyse, transmit or report intelligent access program information; or fail to generate, record, store, display, analyse, transmit or report intelligent access program information correctly. Maximum penalty—$8000.\n(sec.454-ssec.3) In this section— fail — means does not perform as intended in relation to accuracy, timeliness, reliability, verifiability or any other performance requirement or standard; and includes fail permanently, fail temporarily, fail on a particular occasion and fail in particular circumstances.\n- (a) the person tampers with an approved intelligent transport system; and\n- (b) the person does so with the intention of causing the system to— (i) fail to generate, record, store, display, analyse, transmit or report intelligent access program information; or (ii) fail to generate, record, store, display, analyse, transmit or report intelligent access program information correctly.\n- (i) fail to generate, record, store, display, analyse, transmit or report intelligent access program information; or\n- (ii) fail to generate, record, store, display, analyse, transmit or report intelligent access program information correctly.\n- (i) fail to generate, record, store, display, analyse, transmit or report intelligent access program information; or\n- (ii) fail to generate, record, store, display, analyse, transmit or report intelligent access program information correctly.\n- (a) the person tampers with an approved intelligent transport system; and\n- (b) the person is negligent or reckless as to whether, as a result of the tampering, the system may— (i) fail to generate, record, store, display, analyse, transmit or report intelligent access program information; or (ii) fail to generate, record, store, display, analyse, transmit or report intelligent access program information correctly.\n- (i) fail to generate, record, store, display, analyse, transmit or report intelligent access program information; or\n- (ii) fail to generate, record, store, display, analyse, transmit or report intelligent access program information correctly.\n- (i) fail to generate, record, store, display, analyse, transmit or report intelligent access program information; or\n- (ii) fail to generate, record, store, display, analyse, transmit or report intelligent access program information correctly.\n- (a) means does not perform as intended in relation to accuracy, timeliness, reliability, verifiability or any other performance requirement or standard; and\n- (b) includes fail permanently, fail temporarily, fail on a particular occasion and fail in particular circumstances.","sortOrder":682},{"sectionNumber":"sec.455","sectionType":"section","heading":"Regulator may issue intelligent access program identifiers","content":"### sec.455 Regulator may issue intelligent access program identifiers\n\nThe Regulator may issue a distinguishing number for an intelligent access program vehicle that indicates the vehicle is an intelligent access program vehicle (an intelligent access program identifier ).\nThe intelligent access program identifier may consist of numbers or letters or a combination of numbers and letters.\nIf an intelligent access program identifier is, or becomes, known to an entity that has the ability to associate it with a particular individual, the entity must treat the identifier as personal information for the purposes of this Chapter or a law relating to privacy.\nsch s 455 amd 2016 No. 65 s 139\n(sec.455-ssec.1) The Regulator may issue a distinguishing number for an intelligent access program vehicle that indicates the vehicle is an intelligent access program vehicle (an intelligent access program identifier ).\n(sec.455-ssec.2) The intelligent access program identifier may consist of numbers or letters or a combination of numbers and letters.\n(sec.455-ssec.3) If an intelligent access program identifier is, or becomes, known to an entity that has the ability to associate it with a particular individual, the entity must treat the identifier as personal information for the purposes of this Chapter or a law relating to privacy.","sortOrder":683},{"sectionNumber":"sch-inc-ch.8-pt.8.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":684},{"sectionNumber":"sec.456","sectionType":"section","heading":"Purpose of Ch 8","content":"### sec.456 Purpose of Ch 8\n\nThe purpose of accreditation under this Law is to allow operators of heavy vehicles who implement management systems that achieve the objectives of particular aspects of this Law to be subject to alternative requirements under this Law, in relation to the aspects, that are more suited to the operators’ business operations.\nsch s 456 amd 2025 No. 26 s 98 (uncommenced amendment)","sortOrder":685},{"sectionNumber":"sec.457","sectionType":"section","heading":"Definitions for Ch 8","content":"### sec.457 Definitions for Ch 8\n\nIn this Chapter—\nAFM fatigue management system , for an operator of a fatigue-regulated heavy vehicle, means the operator’s management system for ensuring compliance with the AFM standards and business rules, including by—\nrecording the name, current driver licence number and contact details of each driver who is currently operating under the operator’s AFM accreditation; and\nensuring each of the drivers is in a fit state—\nto safely perform required duties; and\nto meet any specified medical requirements; and\nensuring each of the drivers—\nhas been inducted into the system; and\nhas been informed of the AFM hours applying under the operator’s AFM accreditation; and\nensuring anyone employed in the operator’s business, who has responsibilities relating to scheduling or managing the fatigue of the drivers—\nhas been inducted into the system; and\nhas been informed of the AFM hours applying under the operator’s AFM accreditation.\nAFM standards and business rules means the standards and business rules for advanced fatigue management approved by the responsible Ministers.\nA copy of the AFM standards and business rules is published on the Regulator’s website.\napproved , by the responsible Ministers, means approved by the responsible Ministers under section 654 .\napproved auditor means an auditor of a class approved by the responsible Ministers.\nDetails of the approved classes are published on the Regulator’s website.\nBFM fatigue management system , for an operator of a fatigue-regulated heavy vehicle, means the operator’s management system for ensuring compliance with the BFM standards and business rules, including by—\nrecording the name, current driver licence number and contact details of each driver who is currently operating under the operator’s BFM accreditation; and\nensuring each of the drivers is in a fit state—\nto safely perform required duties; and\nto meet any specified medical requirements; and\nensuring each of the drivers—\nhas been inducted into the system; and\nhas been informed of the BFM hours; and\nensuring anyone employed in the operator’s business, who has responsibilities relating to scheduling or managing the fatigue of the drivers—\nhas been inducted into the system; and\nhas been informed of the BFM hours.\nBFM standards and business rules means the standards and business rules for basic fatigue management approved by the responsible Ministers.\nA copy of the BFM standards and business rules is published on the Regulator’s website.\nmaintenance management standards and business rules means the standards and business rules for heavy vehicle maintenance management approved by the responsible Ministers.\nA copy of the maintenance management standards and business rules is published on the Regulator’s website.\nmaintenance management system , for an operator of a heavy vehicle, means the operator’s management system for ensuring compliance with the maintenance management standards and business rules, including by—\nidentifying each heavy vehicle currently being operated in accordance with the management system; and\nfor each heavy vehicle being operated in accordance with the management system, having measures for the following—\ndaily checks of the condition of the vehicle, and its components and equipment, for each day on which the vehicle is driven on a road;\nrecording and reporting vehicle faults;\nidentifying, assessing and rectifying all identified faults;\nperiodic maintenance of the vehicle; and\nkeeping records relating to the operation of the management system.\nmass management standards and business rules means the standards and business rules for heavy vehicle mass management approved by the responsible Ministers.\nA copy of the mass management standards and business rules is published on the Regulator’s website.\nmass management system , for an operator of a heavy vehicle, means the operator’s management system for ensuring compliance with the mass management standards and business rules, including by—\nidentifying each heavy vehicle currently being operated in accordance with the management system; and\nfor each heavy vehicle being operated in accordance with the management system, having measures for the following—\nweighing or otherwise assessing the weight of the vehicle and its load before the vehicle starts a journey, or starts a part of a journey, after the load is increased;\nrecording each measurement made under subparagraph (i) in a form that allows the record to be readily available for inspection by an approved auditor;\nensuring the vehicle’s suspension system accords with the specifications given by its manufacturer or a qualified mechanical engineer; and\nkeeping records relating to the operation of the management system.\nsch s 457 def mass management system amd 2016 No. 65 s 132\nrelevant management system means—\nfor maintenance management accreditation—a maintenance management system; or\nfor mass management accreditation—a mass management system; or\nfor BFM accreditation—a BFM fatigue management system; or\nfor AFM accreditation—an AFM fatigue management system.\nrelevant standards and business rules means—\nfor maintenance management accreditation—the maintenance management standards and business rules; or\nfor mass management accreditation—the mass management standards and business rules; or\nfor BFM accreditation—the BFM standards and business rules; or\nfor AFM accreditation—the AFM standards and business rules.\nsch s 457 sub 2025 No. 26 s 99 (uncommenced amendment)\n_____\nsch s 457A ins 2025 No. 26 s 99 (uncommenced amendment)\n- (a) recording the name, current driver licence number and contact details of each driver who is currently operating under the operator’s AFM accreditation; and\n- (b) ensuring each of the drivers is in a fit state— (i) to safely perform required duties; and (ii) to meet any specified medical requirements; and\n- (i) to safely perform required duties; and\n- (ii) to meet any specified medical requirements; and\n- (c) ensuring each of the drivers— (i) has been inducted into the system; and (ii) has been informed of the AFM hours applying under the operator’s AFM accreditation; and\n- (i) has been inducted into the system; and\n- (ii) has been informed of the AFM hours applying under the operator’s AFM accreditation; and\n- (d) ensuring anyone employed in the operator’s business, who has responsibilities relating to scheduling or managing the fatigue of the drivers— (i) has been inducted into the system; and (ii) has been informed of the AFM hours applying under the operator’s AFM accreditation.\n- (i) has been inducted into the system; and\n- (ii) has been informed of the AFM hours applying under the operator’s AFM accreditation.\n- (i) to safely perform required duties; and\n- (ii) to meet any specified medical requirements; and\n- (i) has been inducted into the system; and\n- (ii) has been informed of the AFM hours applying under the operator’s AFM accreditation; and\n- (i) has been inducted into the system; and\n- (ii) has been informed of the AFM hours applying under the operator’s AFM accreditation.\n- (a) recording the name, current driver licence number and contact details of each driver who is currently operating under the operator’s BFM accreditation; and\n- (b) ensuring each of the drivers is in a fit state— (i) to safely perform required duties; and (ii) to meet any specified medical requirements; and\n- (i) to safely perform required duties; and\n- (ii) to meet any specified medical requirements; and\n- (c) ensuring each of the drivers— (i) has been inducted into the system; and (ii) has been informed of the BFM hours; and\n- (i) has been inducted into the system; and\n- (ii) has been informed of the BFM hours; and\n- (d) ensuring anyone employed in the operator’s business, who has responsibilities relating to scheduling or managing the fatigue of the drivers— (i) has been inducted into the system; and (ii) has been informed of the BFM hours.\n- (i) has been inducted into the system; and\n- (ii) has been informed of the BFM hours.\n- (i) to safely perform required duties; and\n- (ii) to meet any specified medical requirements; and\n- (i) has been inducted into the system; and\n- (ii) has been informed of the BFM hours; and\n- (i) has been inducted into the system; and\n- (ii) has been informed of the BFM hours.\n- (a) identifying each heavy vehicle currently being operated in accordance with the management system; and\n- (b) for each heavy vehicle being operated in accordance with the management system, having measures for the following— (i) daily checks of the condition of the vehicle, and its components and equipment, for each day on which the vehicle is driven on a road; (ii) recording and reporting vehicle faults; (iii) identifying, assessing and rectifying all identified faults; (iv) periodic maintenance of the vehicle; and\n- (i) daily checks of the condition of the vehicle, and its components and equipment, for each day on which the vehicle 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 system.\n- (i) daily checks of the condition of the vehicle, and its components and equipment, for each day on which the vehicle 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- (a) identifying each heavy vehicle currently being operated in accordance with the management system; and\n- (b) for each heavy vehicle being operated in accordance with the management system, having measures for the following— (i) weighing or otherwise assessing the weight of the vehicle and its load before the vehicle starts a journey, or starts a part of a journey, after the load is increased; (ii) recording each measurement made under subparagraph (i) in a form that allows the record to be readily available for inspection by an approved auditor; (iii) ensuring the vehicle’s suspension system accords with the specifications given by its manufacturer or a qualified mechanical engineer; and\n- (i) weighing or otherwise assessing the weight of the vehicle and its load before the vehicle starts a journey, or starts a part of a journey, after the load is increased;\n- (ii) recording each measurement made under subparagraph (i) in a form that allows the record to be readily available for inspection by an approved auditor;\n- (iii) ensuring the vehicle’s suspension system accords with the specifications given by its manufacturer or a qualified mechanical engineer; and\n- (c) keeping records relating to the operation of the management system.\n- (i) weighing or otherwise assessing the weight of the vehicle and its load before the vehicle starts a journey, or starts a part of a journey, after the load is increased;\n- (ii) recording each measurement made under subparagraph (i) in a form that allows the record to be readily available for inspection by an approved auditor;\n- (iii) ensuring the vehicle’s suspension system accords with the specifications given by its manufacturer or a qualified mechanical engineer; and\n- (a) for maintenance management accreditation—a maintenance management system; or\n- (b) for mass management accreditation—a mass management system; or\n- (c) for BFM accreditation—a BFM fatigue management system; or\n- (d) for AFM accreditation—an AFM fatigue management system.\n- (a) for maintenance management accreditation—the maintenance management standards and business rules; or\n- (b) for mass management accreditation—the mass management standards and business rules; or\n- (c) for BFM accreditation—the BFM standards and business rules; or\n- (d) for AFM accreditation—the AFM standards and business rules.","sortOrder":686},{"sectionNumber":"sch-inc-ch.8-pt.8.2","sectionType":"part","heading":"Grant of heavy vehicle accreditation","content":"# Grant of heavy vehicle accreditation","sortOrder":687},{"sectionNumber":"sec.458","sectionType":"section","heading":"Regulator’s power to grant heavy vehicle accreditation","content":"### sec.458 Regulator’s power to grant heavy vehicle accreditation\n\nThe Regulator may grant heavy vehicle accreditation.\nsch s 458 sub 2015 No. 12 s 45\namd 2025 No. 26 s 100 (uncommenced amendment)","sortOrder":688},{"sectionNumber":"sec.459","sectionType":"section","heading":"Application for heavy vehicle accreditation","content":"### sec.459 Application for heavy vehicle accreditation\n\nAn operator of a heavy vehicle may apply to the Regulator for heavy vehicle accreditation under this Law.\nThe application must be—\nin the approved form; and\naccompanied by the following—\na statement by the applicant that the applicant has a relevant management system for ensuring compliance with the relevant standards and business rules;\na statement from an approved auditor that the auditor considers the applicant’s relevant management system will ensure compliance with the relevant standards and business rules;\nany other information required for the application under the relevant standards and business rules;\nthe prescribed fee for the application.\nThe application must also be accompanied by a declaration by the applicant, declared to be made after having exercised reasonable diligence to find out the following information, of the applicant’s knowledge of that information—\nwhether, in the 5 years immediately before the application was made, the applicant or an associate of the applicant has been convicted of any of the following offences and, if so, details of the conviction—\nan offence against this Law or a previous corresponding law;\nan offence involving fraud or dishonesty punishable on conviction by imprisonment of 6 months or more, whether committed in this jurisdiction or elsewhere;\nwhether the applicant or an associate of the applicant has had the applicant’s or associate’s accreditation under this Chapter or a previous corresponding law, amended, suspended or cancelled under this Chapter or that law and, if so, details of the amendment, suspension or cancellation.\nSubsection (3) (b) does not require the applicant to declare information about an amendment, suspension or cancellation of an accreditation that happened because of a conviction if the operator is not required to declare the information about the conviction under subsection (3) (a) .\nThe Regulator may, by notice given to the applicant, require the applicant—\nto give the Regulator any additional information the Regulator reasonably requires to decide the application; or\nto verify by statutory declaration any information relating to the application given to the Regulator.\nsch s 459 amd 2016 No. 65 s 83\namd 2025 No. 26 s 101 (uncommenced amendment)\n(sec.459-ssec.1) An operator of a heavy vehicle may apply to the Regulator for heavy vehicle accreditation under this Law.\n(sec.459-ssec.2) The application must be— in the approved form; and accompanied by the following— a statement by the applicant that the applicant has a relevant management system for ensuring compliance with the relevant standards and business rules; a statement from an approved auditor that the auditor considers the applicant’s relevant management system will ensure compliance with the relevant standards and business rules; any other information required for the application under the relevant standards and business rules; the prescribed fee for the application.\n(sec.459-ssec.3) The application must also be accompanied by a declaration by the applicant, declared to be made after having exercised reasonable diligence to find out the following information, of the applicant’s knowledge of that information— whether, in the 5 years immediately before the application was made, the applicant or an associate of the applicant has been convicted of any of the following offences and, if so, details of the conviction— an offence against this Law or a previous corresponding law; an offence involving fraud or dishonesty punishable on conviction by imprisonment of 6 months or more, whether committed in this jurisdiction or elsewhere; whether the applicant or an associate of the applicant has had the applicant’s or associate’s accreditation under this Chapter or a previous corresponding law, amended, suspended or cancelled under this Chapter or that law and, if so, details of the amendment, suspension or cancellation.\n(sec.459-ssec.4) Subsection (3) (b) does not require the applicant to declare information about an amendment, suspension or cancellation of an accreditation that happened because of a conviction if the operator is not required to declare the information about the conviction under subsection (3) (a) .\n(sec.459-ssec.5) The Regulator may, by notice given to the applicant, require the applicant— to give the Regulator any additional information the Regulator reasonably requires to decide the application; or to verify by statutory declaration any information relating to the application given to the Regulator.\n- (a) in the approved form; and\n- (b) accompanied by the following— (i) a statement by the applicant that the applicant has a relevant management system for ensuring compliance with the relevant standards and business rules; (ii) a statement from an approved auditor that the auditor considers the applicant’s relevant management system will ensure compliance with the relevant standards and business rules; (iii) any other information required for the application under the relevant standards and business rules; (iv) the prescribed fee for the application.\n- (i) a statement by the applicant that the applicant has a relevant management system for ensuring compliance with the relevant standards and business rules;\n- (ii) a statement from an approved auditor that the auditor considers the applicant’s relevant management system will ensure compliance with the relevant standards and business rules;\n- (iii) any other information required for the application under the relevant standards and business rules;\n- (iv) the prescribed fee for the application.\n- (i) a statement by the applicant that the applicant has a relevant management system for ensuring compliance with the relevant standards and business rules;\n- (ii) a statement from an approved auditor that the auditor considers the applicant’s relevant management system will ensure compliance with the relevant standards and business rules;\n- (iii) any other information required for the application under the relevant standards and business rules;\n- (iv) the prescribed fee for the application.\n- (a) whether, in the 5 years immediately before the application was made, the applicant or an associate of the applicant has been convicted of any of the following offences and, if so, details of the conviction— (i) an offence against this Law or a previous corresponding law; (ii) an offence involving fraud or dishonesty punishable on conviction by imprisonment of 6 months or more, whether committed in this jurisdiction or elsewhere;\n- (i) an offence against this Law or a previous corresponding law;\n- (ii) an offence involving fraud or dishonesty punishable on conviction by imprisonment of 6 months or more, whether committed in this jurisdiction or elsewhere;\n- (b) whether the applicant or an associate of the applicant has had the applicant’s or associate’s accreditation under this Chapter or a previous corresponding law, amended, suspended or cancelled under this Chapter or that law and, if so, details of the amendment, suspension or cancellation.\n- (i) an offence against this Law or a previous corresponding law;\n- (ii) an offence involving fraud or dishonesty punishable on conviction by imprisonment of 6 months or more, whether committed in this jurisdiction or elsewhere;\n- (a) to give the Regulator any additional information the Regulator reasonably requires to decide the application; or\n- (b) to verify by statutory declaration any information relating to the application given to the Regulator.","sortOrder":689},{"sectionNumber":"sec.460","sectionType":"section","heading":"Obtaining criminal history information about applicant","content":"### sec.460 Obtaining criminal history information about applicant\n\nThe Regulator may, by notice, ask an applicant for heavy vehicle accreditation under this Law for written consent for the Regulator to obtain the applicant’s prescribed criminal history.\nIf the applicant does not consent, or withdraws his or her consent, to the Regulator obtaining the applicant’s prescribed criminal history, the application is taken to have been withdrawn.\nIf the applicant gives written consent to the Regulator obtaining the applicant’s prescribed criminal history, the Regulator may ask a police commissioner for a written report about the applicant’s prescribed criminal history.\nThe request may include the following—\nthe applicant’s name and any other name the Regulator believes the applicant may use or may have used;\nthe applicant’s date and place of birth, gender and address.\nThe police commissioner must give the requested report to the Regulator.\nIn this section—\nprescribed criminal history , of an applicant for heavy vehicle accreditation under this Law, means information about each conviction of the applicant, within the 5 years immediately before the application was made, of—\nan offence against this Law or a previous corresponding law; or\nan offence involving fraud or dishonesty punishable on conviction by imprisonment of 6 months or more, whether committed in this jurisdiction or elsewhere.\n(sec.460-ssec.1) The Regulator may, by notice, ask an applicant for heavy vehicle accreditation under this Law for written consent for the Regulator to obtain the applicant’s prescribed criminal history.\n(sec.460-ssec.2) If the applicant does not consent, or withdraws his or her consent, to the Regulator obtaining the applicant’s prescribed criminal history, the application is taken to have been withdrawn.\n(sec.460-ssec.3) If the applicant gives written consent to the Regulator obtaining the applicant’s prescribed criminal history, the Regulator may ask a police commissioner for a written report about the applicant’s prescribed criminal history.\n(sec.460-ssec.4) The request may include the following— the applicant’s name and any other name the Regulator believes the applicant may use or may have used; the applicant’s date and place of birth, gender and address.\n(sec.460-ssec.5) The police commissioner must give the requested report to the Regulator.\n(sec.460-ssec.6) In this section— prescribed criminal history , of an applicant for heavy vehicle accreditation under this Law, means information about each conviction of the applicant, within the 5 years immediately before the application was made, of— an offence against this Law or a previous corresponding law; or an offence involving fraud or dishonesty punishable on conviction by imprisonment of 6 months or more, whether committed in this jurisdiction or elsewhere.\n- (a) the applicant’s name and any other name the Regulator believes the applicant may use or may have used;\n- (b) the applicant’s date and place of birth, gender and address.\n- (a) an offence against this Law or a previous corresponding law; or\n- (b) an offence involving fraud or dishonesty punishable on conviction by imprisonment of 6 months or more, whether committed in this jurisdiction or elsewhere.","sortOrder":690},{"sectionNumber":"sec.461","sectionType":"section","heading":"Restriction on grant of heavy vehicle accreditation","content":"### sec.461 Restriction on grant of heavy vehicle accreditation\n\nThe Regulator may grant an applicant heavy vehicle accreditation only if the Regulator is satisfied—\nthe applicant has in place a relevant management system for operations to be carried out under the accreditation; and\nthe applicant is able to comply with this Law, having regard to—\nthe information provided to the Regulator under this Part; and\nthe matters to which the Regulator may or must have regard under subsection (4) ; and\nthe applicant is a suitable person to be granted the accreditation, having regard to—\nthe information provided to the Regulator under this Part; and\nthe matters to which the Regulator may or must have regard under subsection (4) ; and\nfor AFM accreditation—\nthe driver fatigue management practices stated in the applicant’s AFM fatigue management system, together with the maximum work times and minimum rest times that are to apply to drivers operating under the accreditation would, if complied with, safely manage the risk of driver fatigue; and\nthe applicant and drivers operating under the accreditation are likely to follow the driver fatigue management practices consistently and effectively; and\nthe drivers operating under the accreditation are likely to comply with the maximum work times and minimum rest times that are to apply to the drivers under the accreditation.\nIn considering the maximum work times and minimum rest times that are to apply to drivers operating under an AFM accreditation, the Regulator—\nmust be satisfied the maximum work times and minimum rest times appear to provide a safe balance between work, rest, risk management and fatigue countermeasures; and\nmust not set maximum work times and minimum rest times the Regulator considers would be unsafe, having regard to the applicant’s AFM fatigue management system and any relevant body of fatigue knowledge.\nThe Regulator may grant an AFM accreditation setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant.\nIn deciding an application for a heavy vehicle accreditation, the Regulator—\nmay have regard to anything the Regulator considers relevant including—\nthe results of any audits carried out on the applicant’s relevant management system; and\nfor assessing an applicant’s AFM fatigue management system—any relevant body of fatigue knowledge; and\nmust have regard to the approved guidelines for granting heavy vehicle accreditations under this Law.\nsch s 461 sub 2025 No. 26 s 102 (uncommenced amendment)\n_____\nsch s 461A ins 2025 No. 26 s 102 (uncommenced amendment)\n(sec.461-ssec.1) The Regulator may grant an applicant heavy vehicle accreditation only if the Regulator is satisfied— the applicant has in place a relevant management system for operations to be carried out under the accreditation; and the applicant is able to comply with this Law, having regard to— the information provided to the Regulator under this Part; and the matters to which the Regulator may or must have regard under subsection (4) ; and the applicant is a suitable person to be granted the accreditation, having regard to— the information provided to the Regulator under this Part; and the matters to which the Regulator may or must have regard under subsection (4) ; and for AFM accreditation— the driver fatigue management practices stated in the applicant’s AFM fatigue management system, together with the maximum work times and minimum rest times that are to apply to drivers operating under the accreditation would, if complied with, safely manage the risk of driver fatigue; and the applicant and drivers operating under the accreditation are likely to follow the driver fatigue management practices consistently and effectively; and the drivers operating under the accreditation are likely to comply with the maximum work times and minimum rest times that are to apply to the drivers under the accreditation.\n(sec.461-ssec.2) In considering the maximum work times and minimum rest times that are to apply to drivers operating under an AFM accreditation, the Regulator— must be satisfied the maximum work times and minimum rest times appear to provide a safe balance between work, rest, risk management and fatigue countermeasures; and must not set maximum work times and minimum rest times the Regulator considers would be unsafe, having regard to the applicant’s AFM fatigue management system and any relevant body of fatigue knowledge.\n(sec.461-ssec.3) The Regulator may grant an AFM accreditation setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant.\n(sec.461-ssec.4) In deciding an application for a heavy vehicle accreditation, the Regulator— may have regard to anything the Regulator considers relevant including— the results of any audits carried out on the applicant’s relevant management system; and for assessing an applicant’s AFM fatigue management system—any relevant body of fatigue knowledge; and must have regard to the approved guidelines for granting heavy vehicle accreditations under this Law.\n- (a) the applicant has in place a relevant management system for operations to be carried out under the accreditation; and\n- (b) the applicant is able to comply with this Law, having regard to— (i) the information provided to the Regulator under this Part; and (ii) the matters to which the Regulator may or must have regard under subsection (4) ; and\n- (i) the information provided to the Regulator under this Part; and\n- (ii) the matters to which the Regulator may or must have regard under subsection (4) ; and\n- (c) the applicant is a suitable person to be granted the accreditation, having regard to— (i) the information provided to the Regulator under this Part; and (ii) the matters to which the Regulator may or must have regard under subsection (4) ; and\n- (i) the information provided to the Regulator under this Part; and\n- (ii) the matters to which the Regulator may or must have regard under subsection (4) ; and\n- (d) for AFM accreditation— (i) the driver fatigue management practices stated in the applicant’s AFM fatigue management system, together with the maximum work times and minimum rest times that are to apply to drivers operating under the accreditation would, if complied with, safely manage the risk of driver fatigue; and (ii) the applicant and drivers operating under the accreditation are likely to follow the driver fatigue management practices consistently and effectively; and (iii) the drivers operating under the accreditation are likely to comply with the maximum work times and minimum rest times that are to apply to the drivers under the accreditation.\n- (i) the driver fatigue management practices stated in the applicant’s AFM fatigue management system, together with the maximum work times and minimum rest times that are to apply to drivers operating under the accreditation would, if complied with, safely manage the risk of driver fatigue; and\n- (ii) the applicant and drivers operating under the accreditation are likely to follow the driver fatigue management practices consistently and effectively; and\n- (iii) the drivers operating under the accreditation are likely to comply with the maximum work times and minimum rest times that are to apply to the drivers under the accreditation.\n- (i) the information provided to the Regulator under this Part; and\n- (ii) the matters to which the Regulator may or must have regard under subsection (4) ; and\n- (i) the information provided to the Regulator under this Part; and\n- (ii) the matters to which the Regulator may or must have regard under subsection (4) ; and\n- (i) the driver fatigue management practices stated in the applicant’s AFM fatigue management system, together with the maximum work times and minimum rest times that are to apply to drivers operating under the accreditation would, if complied with, safely manage the risk of driver fatigue; and\n- (ii) the applicant and drivers operating under the accreditation are likely to follow the driver fatigue management practices consistently and effectively; and\n- (iii) the drivers operating under the accreditation are likely to comply with the maximum work times and minimum rest times that are to apply to the drivers under the accreditation.\n- (a) must be satisfied the maximum work times and minimum rest times appear to provide a safe balance between work, rest, risk management and fatigue countermeasures; and\n- (b) must not set maximum work times and minimum rest times the Regulator considers would be unsafe, having regard to the applicant’s AFM fatigue management system and any relevant body of fatigue knowledge.\n- (a) may have regard to anything the Regulator considers relevant including— (i) the results of any audits carried out on the applicant’s relevant management system; and (ii) for assessing an applicant’s AFM fatigue management system—any relevant body of fatigue knowledge; and\n- (i) the results of any audits carried out on the applicant’s relevant management system; and\n- (ii) for assessing an applicant’s AFM fatigue management system—any relevant body of fatigue knowledge; and\n- (b) must have regard to the approved guidelines for granting heavy vehicle accreditations under this Law.\n- (i) the results of any audits carried out on the applicant’s relevant management system; and\n- (ii) for assessing an applicant’s AFM fatigue management system—any relevant body of fatigue knowledge; and","sortOrder":691},{"sectionNumber":"sec.462","sectionType":"section","heading":"Conditions of heavy vehicle accreditation","content":"### sec.462 Conditions of heavy vehicle accreditation\n\nA heavy vehicle accreditation granted under this Law is subject to the condition that the operator who holds the accreditation must comply with the relevant standards and business rules.\nA heavy vehicle accreditation granted under this Law may be subject to any other conditions the Regulator considers appropriate, including, for example—\na condition that a named person can not operate under the operator’s accreditation for a stated period; and\na condition that a named employee or associate of the operator can not be involved in the operator’s relevant management system at all or for a stated period; and\na condition requiring additional records to be kept, and audits to be performed, to ensure practices (for example, driver fatigue management practices) applying under the accreditation are followed consistently and effectively.\nsch s 462 amd 2025 No. 26 s 103 (uncommenced amendment)\n(sec.462-ssec.1) A heavy vehicle accreditation granted under this Law is subject to the condition that the operator who holds the accreditation must comply with the relevant standards and business rules.\n(sec.462-ssec.2) A heavy vehicle accreditation granted under this Law may be subject to any other conditions the Regulator considers appropriate, including, for example— a condition that a named person can not operate under the operator’s accreditation for a stated period; and a condition that a named employee or associate of the operator can not be involved in the operator’s relevant management system at all or for a stated period; and a condition requiring additional records to be kept, and audits to be performed, to ensure practices (for example, driver fatigue management practices) applying under the accreditation are followed consistently and effectively.\n- (a) a condition that a named person can not operate under the operator’s accreditation for a stated period; and\n- (b) a condition that a named employee or associate of the operator can not be involved in the operator’s relevant management system at all or for a stated period; and\n- (c) a condition requiring additional records to be kept, and audits to be performed, to ensure practices (for example, driver fatigue management practices) applying under the accreditation are followed consistently and effectively.","sortOrder":692},{"sectionNumber":"sec.463","sectionType":"section","heading":"Period for which heavy vehicle accreditation applies","content":"### sec.463 Period for which heavy vehicle accreditation applies\n\nA heavy vehicle accreditation granted under this Law applies for the period stated in the accreditation certificate for the accreditation.\nThe period may be less than the period sought by the applicant for the heavy vehicle accreditation.\nThe maximum period for which the Regulator may grant heavy vehicle accreditation is 3 years.\nsch s 463 amd 2015 No. 12 s 46\n(sec.463-ssec.1) A heavy vehicle accreditation granted under this Law applies for the period stated in the accreditation certificate for the accreditation.\n(sec.463-ssec.2) The period may be less than the period sought by the applicant for the heavy vehicle accreditation.\n(sec.463-ssec.3) The maximum period for which the Regulator may grant heavy vehicle accreditation is 3 years.","sortOrder":693},{"sectionNumber":"sec.464","sectionType":"section","heading":"Accreditation certificate for heavy vehicle accreditation etc.","content":"### sec.464 Accreditation certificate for heavy vehicle accreditation etc.\n\nIf the Regulator grants a heavy vehicle accreditation under this Law to an operator of a heavy vehicle, the Regulator must give the operator—\nan accreditation certificate in the approved form; and\nif prescribed circumstances apply to the grant of the accreditation—an information notice for the prescribed circumstances.\nAn accreditation certificate for a heavy vehicle accreditation must state the following—\nthe name of the operator who has been granted the accreditation;\nthe number identifying the accreditation;\nany conditions imposed on the accreditation by the Regulator;\nfor an AFM accreditation, the maximum work times and minimum rest times that apply to drivers of fatigue-regulated heavy vehicles operating under the accreditation;\nthe period for which the accreditation applies.\nIn this section—\nprescribed circumstances , for a heavy vehicle accreditation, means the Regulator has—\nimposed a condition on the accreditation that was not sought by the applicant for the accreditation; or\ngranted the accreditation for a period less than the period of not more than 3 years sought by the applicant for the accreditation; or\nfor AFM accreditation, granted the AFM accreditation setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant for the accreditation.\nsch s 464 amd 2025 No. 26 s 104 (uncommenced amendment)\n(sec.464-ssec.1) If the Regulator grants a heavy vehicle accreditation under this Law to an operator of a heavy vehicle, the Regulator must give the operator— an accreditation certificate in the approved form; and if prescribed circumstances apply to the grant of the accreditation—an information notice for the prescribed circumstances.\n(sec.464-ssec.2) An accreditation certificate for a heavy vehicle accreditation must state the following— the name of the operator who has been granted the accreditation; the number identifying the accreditation; any conditions imposed on the accreditation by the Regulator; for an AFM accreditation, the maximum work times and minimum rest times that apply to drivers of fatigue-regulated heavy vehicles operating under the accreditation; the period for which the accreditation applies.\n(sec.464-ssec.3) In this section— prescribed circumstances , for a heavy vehicle accreditation, means the Regulator has— imposed a condition on the accreditation that was not sought by the applicant for the accreditation; or granted the accreditation for a period less than the period of not more than 3 years sought by the applicant for the accreditation; or for AFM accreditation, granted the AFM accreditation setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant for the accreditation.\n- (a) an accreditation certificate in the approved form; and\n- (b) if prescribed circumstances apply to the grant of the accreditation—an information notice for the prescribed circumstances.\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 minimum rest times that apply to drivers of fatigue-regulated heavy vehicles operating under the accreditation;\n- (e) the period for which the accreditation applies.\n- (a) imposed a condition on the accreditation that was not sought by the applicant for the accreditation; or\n- (b) granted the accreditation for a period less than the period of not more than 3 years sought by the applicant for the accreditation; or\n- (c) for AFM accreditation, granted the AFM accreditation setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant for the accreditation.","sortOrder":694},{"sectionNumber":"sec.465","sectionType":"section","heading":"Refusal of application for heavy vehicle accreditation","content":"### sec.465 Refusal of application for heavy vehicle accreditation\n\nIf the Regulator refuses an application for heavy vehicle accreditation, the Regulator must give the applicant an information notice for the decision to refuse the application.","sortOrder":695},{"sectionNumber":"sec.466","sectionType":"section","heading":"Accreditation labels for maintenance management accreditation and mass management accreditation","content":"### sec.466 Accreditation labels for maintenance management accreditation and mass management accreditation\n\nIf the Regulator grants maintenance management accreditation or mass management accreditation to an operator of a heavy vehicle, the Regulator must give the operator an accreditation label for each relevant vehicle for the accreditation.\nIf the operator amends the relevant management system to identify a new relevant vehicle for the accreditation—\nthe operator may ask the Regulator for an accreditation label for the new relevant vehicle; and\nthe Regulator must give the accreditation label to the operator.\nThe operator must attach the accreditation label for a relevant vehicle to the vehicle in a way that the label—\nis readable from outside the vehicle; and\nis not wholly or partly obscured, defaced or otherwise not legible.\nMaximum penalty—$3000.\nA person must not drive a relevant vehicle if the vehicle’s accreditation label—\nis not attached to the vehicle; or\nis attached to the vehicle in a way that the label is wholly or partly obscured, defaced or otherwise not legible.\nMaximum penalty—$3000.\nIn this section—\naccreditation label , for a relevant vehicle for a maintenance management accreditation or mass management accreditation, means a label stating the number identifying the accreditation for attaching to the vehicle.\nrelevant vehicle , for a maintenance management accreditation or mass management accreditation, means a vehicle identified in the relevant management system as currently being operated in accordance with the management system.\nsch s 466 amd 2016 No. 65 s 133\nom 2025 No. 26 s 105 (uncommenced amendment)\n(sec.466-ssec.1) If the Regulator grants maintenance management accreditation or mass management accreditation to an operator of a heavy vehicle, the Regulator must give the operator an accreditation label for each relevant vehicle for the accreditation.\n(sec.466-ssec.2) If the operator amends the relevant management system to identify a new relevant vehicle for the accreditation— the operator may ask the Regulator for an accreditation label for the new relevant vehicle; and the Regulator must give the accreditation label to the operator.\n(sec.466-ssec.2A) The operator must attach the accreditation label for a relevant vehicle to the vehicle in a way that the label— is readable from outside the vehicle; and is not wholly or partly obscured, defaced or otherwise not legible. Maximum penalty—$3000.\n(sec.466-ssec.2B) A person must not drive a relevant vehicle if the vehicle’s accreditation label— is not attached to the vehicle; or is attached to the vehicle in a way that the label is wholly or partly obscured, defaced or otherwise not legible. Maximum penalty—$3000.\n(sec.466-ssec.3) In this section— accreditation label , for a relevant vehicle for a maintenance management accreditation or mass management accreditation, means a label stating the number identifying the accreditation for attaching to the vehicle. relevant vehicle , for a maintenance management accreditation or mass management accreditation, means a vehicle identified in the relevant management system as currently being operated in accordance with the management system.\n- (a) the operator may ask the Regulator for an accreditation label for the new relevant vehicle; and\n- (b) the Regulator must give the accreditation label to the operator.\n- (a) is readable from outside the vehicle; and\n- (b) is not wholly or partly obscured, defaced or otherwise not legible.\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 partly obscured, defaced or otherwise not legible.","sortOrder":696},{"sectionNumber":"sch-inc-ch.8-pt.8.3","sectionType":"part","heading":"Operating under heavy vehicle accreditation","content":"# Operating under heavy vehicle accreditation","sortOrder":697},{"sectionNumber":"sec.467","sectionType":"section","heading":"Compliance with conditions of BFM accreditation or AFM accreditation","content":"### sec.467 Compliance with conditions of BFM accreditation or AFM accreditation\n\nThe holder of a BFM accreditation or AFM accreditation must comply with the conditions of the accreditation.\nMaximum penalty—$6000.\nsch s 467 amd 2025 No. 26 s 106 (uncommenced amendment)","sortOrder":698},{"sectionNumber":"sec.468","sectionType":"section","heading":"Driver operating under BFM accreditation or AFM accreditation must carry accreditation details","content":"### sec.468 Driver operating under BFM accreditation or AFM accreditation must carry accreditation details\n\nThe driver of a heavy vehicle who is operating under a BFM accreditation or AFM accreditation must keep in the driver’s possession—\na copy of the accreditation certificate for the accreditation; and\na document, signed by the operator of the vehicle who holds the accreditation, stating that the driver—\nis operating under the operator’s BFM accreditation or AFM accreditation; and\nhas been inducted into the operator’s relevant management system; and\nmeets the requirements relating to drivers operating under the operator’s BFM accreditation or AFM accreditation (if any); and\nfor a driver operating under AFM accreditation, a document stating the AFM hours applying under the accreditation.\nThe driver records a statement of the AFM hours applying under the AFM accreditation in the driver’s electronic work diary (which is a document).\nMaximum penalty—$3000.\nSubsection (1) applies even if the driver and operator are the same person.\nThe operator of the vehicle must ensure the driver complies with subsection (1) , unless the operator has a reasonable excuse.\nMaximum penalty—$3000.\nsch s 468 amd 2014 No. 43 s 6 ; 2016 No. 65 s 84\namd 2025 No. 26 s 107 (uncommenced amendment)\n(sec.468-ssec.1) The driver of a heavy vehicle who is operating under a BFM accreditation or AFM accreditation must keep in the driver’s possession— a copy of the accreditation certificate for the accreditation; and a document, signed by the operator of the vehicle who holds the accreditation, stating that the driver— is operating under the operator’s BFM accreditation or AFM accreditation; and has been inducted into the operator’s relevant management system; and meets the requirements relating to drivers operating under the operator’s BFM accreditation or AFM accreditation (if any); and for a driver operating under AFM accreditation, a document stating the AFM hours applying under the accreditation. The driver records a statement of the AFM hours applying under the AFM accreditation in the driver’s electronic work diary (which is a document). Maximum penalty—$3000.\n(sec.468-ssec.2) Subsection (1) applies even if the driver and operator are the same person.\n(sec.468-ssec.3) The operator of the vehicle must ensure the driver complies with subsection (1) , unless the operator has a reasonable excuse. Maximum penalty—$3000.\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 accreditation, stating that the driver— (i) is operating under the operator’s BFM accreditation or AFM accreditation; and (ii) has been inducted into the operator’s relevant management system; and (iii) meets the requirements relating to drivers operating under the operator’s BFM accreditation or AFM accreditation (if any); and\n- (i) is operating under the operator’s BFM accreditation or AFM accreditation; and\n- (ii) has been inducted into the operator’s relevant management system; and\n- (iii) meets the requirements relating to drivers operating under the operator’s BFM accreditation or AFM accreditation (if any); and\n- (c) for a driver operating under AFM accreditation, a document stating the AFM hours applying under the accreditation. Example for the purposes of paragraph (c) — The driver records a statement of the AFM hours applying under the AFM accreditation in the driver’s electronic work diary (which is a document).\n- (i) is operating under the operator’s BFM accreditation or AFM accreditation; and\n- (ii) has been inducted into the operator’s relevant management system; and\n- (iii) meets the requirements relating to drivers operating under the operator’s BFM accreditation or AFM accreditation (if any); and","sortOrder":699},{"sectionNumber":"sec.469","sectionType":"section","heading":"Driver must return particular documents if stops operating under BFM accreditation or AFM accreditation etc.","content":"### sec.469 Driver must return particular documents if stops operating under BFM accreditation or AFM accreditation etc.\n\nThis section applies if—\nthe driver of a heavy vehicle is operating under a BFM accreditation or AFM accreditation; and\nthe operator of the heavy vehicle has given the driver a document for the purposes of section 468 (1) ; and\nthe driver—\nstops operating under the operator’s BFM accreditation or AFM accreditation; or\nno longer meets the requirements relating to drivers operating under the operator’s BFM accreditation or AFM accreditation (if any).\nThe driver must return the document to the operator as soon as reasonably practicable.\nMaximum penalty—$4000.\nsch s 469 amd 2014 No. 43 s 7\nom 2025 No. 26 s 108 (uncommenced amendment)\n(sec.469-ssec.1) This section applies if— the driver of a heavy vehicle is operating under a BFM accreditation or AFM accreditation; and the operator of the heavy vehicle has given the driver a document for the purposes of section 468 (1) ; and the driver— stops operating under the operator’s BFM accreditation or AFM accreditation; or no longer meets the requirements relating to drivers operating under the operator’s BFM accreditation or AFM accreditation (if any).\n(sec.469-ssec.2) The driver must return the document to the operator as soon as reasonably practicable. Maximum penalty—$4000.\n- (a) the driver of a heavy vehicle is operating under a BFM accreditation or AFM accreditation; and\n- (b) the operator of the heavy vehicle has given the driver a document for the purposes of section 468 (1) ; and\n- (c) the driver— (i) stops operating under the operator’s BFM accreditation or AFM accreditation; or (ii) no longer meets the requirements relating to drivers operating under the operator’s BFM accreditation or AFM accreditation (if any).\n- (i) stops operating under the operator’s BFM accreditation or AFM accreditation; or\n- (ii) no longer meets the requirements relating to drivers operating under the operator’s BFM accreditation or AFM accreditation (if any).\n- (i) stops operating under the operator’s BFM accreditation or AFM accreditation; or\n- (ii) no longer meets the requirements relating to drivers operating under the operator’s BFM accreditation or AFM accreditation (if any).","sortOrder":700},{"sectionNumber":"sec.470","sectionType":"section","heading":"General requirements applying to operator with heavy vehicle accreditation","content":"### sec.470 General requirements applying to operator with heavy vehicle accreditation\n\nThis section applies to an operator of a heavy vehicle who holds a heavy vehicle accreditation.\nIf the accreditation is BFM accreditation or AFM accreditation, the operator must ensure each driver who operates under the accreditation—\nis inducted into the operator’s relevant management system; and\nat all times, meets the requirements relating to drivers operating under the accreditation (if any).\nMaximum penalty—$6000.\nIf the accreditation is AFM accreditation, the operator must also ensure each driver who operates under the accreditation is informed of the AFM hours applying under the accreditation.\nMaximum penalty—$6000.\nThe operator must keep—\nthe accreditation certificate for the operator’s heavy vehicle accreditation; and\nif the operator’s heavy vehicle accreditation is BFM accreditation or AFM accreditation—\na current list of drivers operating under the operator’s accreditation; and\nrecords demonstrating the operator has complied with—\nif the operator’s heavy vehicle accreditation is BFM accreditation— subsection (2) ; or\nif the operator’s heavy vehicle accreditation is AFM accreditation— subsections (2) and (3) ; and\nif the operator’s heavy vehicle accreditation is mass management accreditation or maintenance management accreditation—a current list of heavy vehicles to which the operator’s accreditation relates; and\nMaximum penalty—$6000.\nThe operator must keep a document required to be kept under subsection (4) for the following period—\nfor an accreditation certificate—while the operator’s heavy vehicle accreditation is current;\nfor each list or record made under subsection (4) (b) or (c) —at least 3 years after the list or record is made.\nMaximum penalty—$6000.\nThe operator must keep a document required to be kept under subsection (4) in a way that ensures it is—\nreadily accessible by an authorised officer at the place where the document is kept; and\nreasonably capable of being understood by the authorised officer; and\ncapable of being used as evidence.\nMaximum penalty—$3000.\nThe Regulator may, by notice, require the operator to give the Regulator, in the form and within the time required by the Regulator—\na copy of the list mentioned in subsection (4) (b) (i) or (c); and\ndetails of any change to the list.\nThe operator must comply with a requirement made under subsection (7) , unless the operator has a reasonable excuse.\nMaximum penalty—$3000.\nSubsections (4) to (6) do not apply in relation to—\nan accreditation certificate given to the Regulator under section 472 or 476 , unless the Regulator has returned it or given the operator a replacement accreditation certificate; or\nan accreditation certificate that has been defaced, destroyed, lost or stolen, unless the Regulator has given the operator a replacement accreditation certificate.\nSee section 477 for the requirement to apply to the Regulator for a replacement accreditation certificate for a defaced, destroyed, lost or stolen accreditation certificate.\nsch s 470 amd 2014 No. 43 s 8\namd 2025 No. 26 s 109 (uncommenced amendment)\n(sec.470-ssec.1) This section applies to an operator of a heavy vehicle who holds a heavy vehicle accreditation.\n(sec.470-ssec.2) If the accreditation is BFM accreditation or AFM accreditation, the operator must ensure each driver who operates under the accreditation— is inducted into the operator’s relevant management system; and at all times, meets the requirements relating to drivers operating under the accreditation (if any). Maximum penalty—$6000.\n(sec.470-ssec.3) If the accreditation is AFM accreditation, the operator must also ensure each driver who operates under the accreditation is informed of the AFM hours applying under the accreditation. Maximum penalty—$6000.\n(sec.470-ssec.4) The operator must keep— the accreditation certificate for the operator’s heavy vehicle accreditation; and if the operator’s heavy vehicle accreditation is BFM accreditation or AFM accreditation— a current list of drivers operating under the operator’s accreditation; and records demonstrating the operator has complied with— if the operator’s heavy vehicle accreditation is BFM accreditation— subsection (2) ; or if the operator’s heavy vehicle accreditation is AFM accreditation— subsections (2) and (3) ; and if the operator’s heavy vehicle accreditation is mass management accreditation or maintenance management accreditation—a current list of heavy vehicles to which the operator’s accreditation relates; and Maximum penalty—$6000.\n(sec.470-ssec.5) The operator must keep a document required to be kept under subsection (4) for the following period— for an accreditation certificate—while the operator’s heavy vehicle accreditation is current; for each list or record made under subsection (4) (b) or (c) —at least 3 years after the list or record is made. Maximum penalty—$6000.\n(sec.470-ssec.6) The operator must keep a document required to be kept under subsection (4) in a way that ensures it is— readily accessible by an authorised officer at the place where the document is kept; and reasonably capable of being understood by the authorised officer; and capable of being used as evidence. Maximum penalty—$3000.\n(sec.470-ssec.7) The Regulator may, by notice, require the operator to give the Regulator, in the form and within the time required by the Regulator— a copy of the list mentioned in subsection (4) (b) (i) or (c); and details of any change to the list.\n(sec.470-ssec.8) The operator must comply with a requirement made under subsection (7) , unless the operator has a reasonable excuse. Maximum penalty—$3000.\n(sec.470-ssec.9) Subsections (4) to (6) do not apply in relation to— an accreditation certificate given to the Regulator under section 472 or 476 , unless the Regulator has returned it or given the operator a replacement accreditation certificate; or an accreditation certificate that has been defaced, destroyed, lost or stolen, unless the Regulator has given the operator a replacement accreditation certificate. See section 477 for the requirement to apply to the Regulator for a replacement accreditation certificate for a defaced, destroyed, lost or stolen accreditation certificate.\n- (a) is inducted into the operator’s relevant management system; and\n- (b) at all times, meets the requirements relating to drivers operating under the accreditation (if any).\n- (a) the accreditation certificate for the operator’s heavy vehicle accreditation; and\n- (b) if the operator’s heavy vehicle accreditation is BFM accreditation or AFM accreditation— (i) a current list of drivers operating under the operator’s accreditation; and (ii) records demonstrating the operator has complied with— (A) if the operator’s heavy vehicle accreditation is BFM accreditation— subsection (2) ; or (B) if the operator’s heavy vehicle accreditation is AFM accreditation— subsections (2) and (3) ; and\n- (i) a current list of drivers operating under the operator’s accreditation; and\n- (ii) records demonstrating the operator has complied with— (A) if the operator’s heavy vehicle accreditation is BFM accreditation— subsection (2) ; or (B) if the operator’s heavy vehicle accreditation is AFM accreditation— subsections (2) and (3) ; and\n- (A) if the operator’s heavy vehicle accreditation is BFM accreditation— subsection (2) ; or\n- (B) if the operator’s heavy vehicle accreditation is AFM accreditation— subsections (2) and (3) ; and\n- (c) if the operator’s heavy vehicle accreditation is mass management accreditation or maintenance management accreditation—a current list of heavy vehicles to which the operator’s accreditation relates; and\n- (i) a current list of drivers operating under the operator’s accreditation; and\n- (ii) records demonstrating the operator has complied with— (A) if the operator’s heavy vehicle accreditation is BFM accreditation— subsection (2) ; or (B) if the operator’s heavy vehicle accreditation is AFM accreditation— subsections (2) and (3) ; and\n- (A) if the operator’s heavy vehicle accreditation is BFM accreditation— subsection (2) ; or\n- (B) if the operator’s heavy vehicle accreditation is AFM accreditation— subsections (2) and (3) ; and\n- (A) if the operator’s heavy vehicle accreditation is BFM accreditation— subsection (2) ; or\n- (B) if the operator’s heavy vehicle accreditation is AFM accreditation— subsections (2) and (3) ; and\n- (a) for an accreditation certificate—while the operator’s heavy vehicle accreditation is current;\n- (b) for each list or record made under subsection (4) (b) or (c) —at least 3 years after the list or record is made.\n- (a) readily accessible by an authorised officer at the place where the document is kept; and\n- (b) reasonably capable of being understood by the authorised officer; and\n- (c) capable of being used as evidence.\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- (a) an accreditation certificate given to the Regulator under section 472 or 476 , unless the Regulator has returned it or given the operator a replacement accreditation certificate; or\n- (b) an accreditation certificate that has been defaced, destroyed, lost or stolen, unless the Regulator has given the operator a replacement accreditation certificate.","sortOrder":701},{"sectionNumber":"sec.471","sectionType":"section","heading":"Operator must give notice of amendment, suspension or ending of heavy vehicle accreditation","content":"### sec.471 Operator must give notice of amendment, suspension or ending of heavy vehicle accreditation\n\nThis section applies if—\nan operator of a heavy vehicle holds a heavy vehicle accreditation; and\nthe accreditation is amended or suspended, or the operator ceases to hold the accreditation.\nThe operator must as soon as practicable after the amendment, suspension or cessation happens give notice of the amendment, suspension or cessation to any driver of, or scheduler for, a heavy vehicle who may be affected by the amendment, suspension or cessation.\nMaximum penalty—$6000.\nIf the driver of a heavy vehicle is given a notice under subsection (2) , the driver must, as soon as reasonably practicable, return to the operator any document relevant to the notice given to the driver by the operator for the purposes of section 468 (1) .\nMaximum penalty—$4000.\nsch s 471 amd 2025 No. 26 s 110 (uncommenced amendment)\n(sec.471-ssec.1) This section applies if— an operator of a heavy vehicle holds a heavy vehicle accreditation; and the accreditation is amended or suspended, or the operator ceases to hold the accreditation.\n(sec.471-ssec.2) The operator must as soon as practicable after the amendment, suspension or cessation happens give notice of the amendment, suspension or cessation to any driver of, or scheduler for, a heavy vehicle who may be affected by the amendment, suspension or cessation. Maximum penalty—$6000.\n(sec.471-ssec.3) If the driver of a heavy vehicle is given a notice under subsection (2) , the driver must, as soon as reasonably practicable, return to the operator any document relevant to the notice given to the driver by the operator for the purposes of section 468 (1) . Maximum penalty—$4000.\n- (a) an operator of a heavy vehicle holds a heavy vehicle accreditation; and\n- (b) the accreditation is amended or suspended, or the operator ceases to hold the accreditation.","sortOrder":702},{"sectionNumber":"sch-inc-ch.8-pt.8.4","sectionType":"part","heading":"Amendment or cancellation of heavy vehicle accreditation","content":"# Amendment or cancellation of heavy vehicle accreditation","sortOrder":703},{"sectionNumber":"sec.472","sectionType":"section","heading":"Amendment or cancellation of heavy vehicle accreditation on application","content":"### sec.472 Amendment or cancellation of heavy vehicle accreditation on application\n\nA person may apply to the Regulator for an amendment or cancellation of the person’s heavy vehicle accreditation granted under this Law.\nThe application must—\nbe in writing; and\nbe accompanied by the prescribed fee for the application; and\nif the application is for an amendment—state clearly the amendment sought and the reasons for the amendment; and\nbe accompanied by the accreditation certificate for the accreditation.\nThe Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\nThe Regulator must decide the application as soon as practicable after receiving it.\nIf the Regulator decides to grant the application—\nthe Regulator must give the applicant notice of the decision; and\nthe amendment or cancellation takes effect—\nwhen notice of the decision is given to the applicant; or\nif a later time is stated in the notice, at the later time; and\nif the Regulator amended the accreditation, the Regulator must give the applicant a replacement accreditation certificate for the accreditation as amended.\nIf the Regulator decides not to amend or cancel the accreditation as sought by the applicant, the Regulator must—\ngive the applicant an information notice for the decision; and\nreturn the accreditation certificate to the applicant.\nsch s 472 amd 2025 No. 26 s 111 (uncommenced amendment)\n(sec.472-ssec.1) A person may apply to the Regulator for an amendment or cancellation of the person’s heavy vehicle accreditation granted under this Law.\n(sec.472-ssec.2) The application must— be in writing; and be accompanied by the prescribed fee for the application; and if the application is for an amendment—state clearly the amendment sought and the reasons for the amendment; and be accompanied by the accreditation certificate for the accreditation.\n(sec.472-ssec.3) The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.\n(sec.472-ssec.4) The Regulator must decide the application as soon as practicable after receiving it.\n(sec.472-ssec.5) If the Regulator decides to grant the application— the Regulator must give the applicant notice of the decision; and the amendment or cancellation takes effect— when notice of the decision is given to the applicant; or if a later time is stated in the notice, at the later time; and if the Regulator amended the accreditation, the Regulator must give the applicant a replacement accreditation certificate for the accreditation as amended.\n(sec.472-ssec.6) If the Regulator decides not to amend or cancel the accreditation as sought by the applicant, the Regulator must— give the applicant an information notice for the decision; and return the accreditation certificate to the applicant.\n- (a) be in writing; and\n- (b) be accompanied by the prescribed fee for the application; and\n- (c) if the application is for an amendment—state clearly the amendment sought and the reasons for the amendment; and\n- (d) be accompanied by the accreditation certificate for the accreditation.\n- (a) the Regulator must give the applicant notice of the decision; and\n- (b) the amendment or cancellation takes effect— (i) when notice of the decision is given to the applicant; or (ii) if a later time is stated in the notice, at the later time; and\n- (i) when notice of the decision is given to the applicant; or\n- (ii) if a later time is stated in the notice, at the later time; and\n- (c) if the Regulator amended the accreditation, the Regulator must give the applicant a replacement accreditation certificate for the accreditation as amended.\n- (i) when notice of the decision is given to the applicant; or\n- (ii) if a later time is stated in the notice, at the later time; and\n- (a) give the applicant an information notice for the decision; and\n- (b) return the accreditation certificate to the applicant.","sortOrder":704},{"sectionNumber":"sec.473","sectionType":"section","heading":"Amendment, suspension or cancellation of heavy vehicle accreditation on Regulator’s initiative","content":"### sec.473 Amendment, suspension or cancellation of heavy vehicle accreditation on Regulator’s initiative\n\nEach of the following is a ground for amending, suspending or cancelling a heavy vehicle accreditation granted under this Law—\nthe accreditation was granted because of a document or representation that was—\nfalse or misleading; or\nobtained or made in an improper way;\nthe holder of the accreditation has contravened a condition of the accreditation;\nthe holder of the accreditation, or an associate of the holder, has been convicted of—\nan offence against this Law or a previous corresponding law; or\nan offence involving fraud or dishonesty punishable on conviction by imprisonment of 6 months or more, whether committed in this jurisdiction or elsewhere;\nsince the accreditation was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the accreditation and, had the changed circumstances existed when the accreditation was granted, the Regulator would not have granted the accreditation, or would have granted the accreditation subject to conditions or different conditions;\nfor a maintenance management accreditation or mass management accreditation—\npublic safety has been endangered, or is likely to be endangered, because of the accreditation; or\nroad infrastructure has been damaged, or is likely to be damaged, because of the accreditation;\nfor a BFM accreditation or AFM accreditation—public safety has been endangered, or is likely to be endangered, because of the accreditation;\nthe Regulator considers it necessary in the public interest.\nIf the Regulator considers a ground exists to amend, suspend or cancel a heavy vehicle accreditation granted under this Law (the proposed action ), the Regulator must give the holder of the accreditation a notice—\nstating the proposed action; and\nstating the ground for the proposed action; and\noutlining the facts and circumstances forming the basis for the ground; and\nif the proposed action is to amend the accreditation (including a condition of the accreditation)—stating the proposed amendment; and\nif the proposed action is to suspend the accreditation—stating the proposed suspension period; and\ninviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.\nIf, after considering all written representations made under subsection (2) (f) , the Regulator still considers a ground exists to take the proposed action, the Regulator may—\nif the proposed action was to amend the accreditation—amend the accreditation, including, for example, by imposing additional conditions on the accreditation, in a way that is not substantially different from the proposed action; or\nif the proposed action was to suspend the accreditation—suspend the accreditation for no longer than the period stated in the notice; or\nif the proposed action was to cancel the accreditation—\namend the accreditation, including, for example, by imposing additional conditions on the accreditation; or\nsuspend the accreditation for a period; or\ncancel the accreditation.\nThe Regulator must give the holder an information notice for the decision.\nThe decision takes effect—\nwhen the information notice is given to the holder; or\nif a later time is stated in the information notice, at the later time.\nsch s 473 amd 2025 No. 26 s 112 (uncommenced amendment)\n(sec.473-ssec.1) Each of the following is a ground for amending, suspending or cancelling a heavy vehicle accreditation granted under this Law— the accreditation was granted because of a document or representation that was— false or misleading; or obtained or made in an improper way; the holder of the accreditation has contravened a condition of the accreditation; the holder of the accreditation, or an associate of the holder, has been convicted of— an offence against this Law or a previous corresponding law; or an offence involving fraud or dishonesty punishable on conviction by imprisonment of 6 months or more, whether committed in this jurisdiction or elsewhere; since the accreditation was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the accreditation and, had the changed circumstances existed when the accreditation was granted, the Regulator would not have granted the accreditation, or would have granted the accreditation subject to conditions or different conditions; for a maintenance management accreditation or mass management accreditation— public safety has been endangered, or is likely to be endangered, because of the accreditation; or road infrastructure has been damaged, or is likely to be damaged, because of the accreditation; for a BFM accreditation or AFM accreditation—public safety has been endangered, or is likely to be endangered, because of the accreditation; the Regulator considers it necessary in the public interest.\n(sec.473-ssec.2) If the Regulator considers a ground exists to amend, suspend or cancel a heavy vehicle accreditation granted under this Law (the proposed action ), the Regulator must give the holder of the accreditation a notice— stating the proposed action; and stating the ground for the proposed action; and outlining the facts and circumstances forming the basis for the ground; and if the proposed action is to amend the accreditation (including a condition of the accreditation)—stating the proposed amendment; and if the proposed action is to suspend the accreditation—stating the proposed suspension period; and inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.\n(sec.473-ssec.3) If, after considering all written representations made under subsection (2) (f) , the Regulator still considers a ground exists to take the proposed action, the Regulator may— if the proposed action was to amend the accreditation—amend the accreditation, including, for example, by imposing additional conditions on the accreditation, in a way that is not substantially different from the proposed action; or if the proposed action was to suspend the accreditation—suspend the accreditation for no longer than the period stated in the notice; or if the proposed action was to cancel the accreditation— amend the accreditation, including, for example, by imposing additional conditions on the accreditation; or suspend the accreditation for a period; or cancel the accreditation.\n(sec.473-ssec.4) The Regulator must give the holder an information notice for the decision.\n(sec.473-ssec.5) The decision takes effect— when the information notice is given to the holder; or if a later time is stated in the information notice, at the later time.\n- (a) the accreditation was granted because of a document or representation that was— (i) false or misleading; or (ii) obtained or made in an improper way;\n- (i) false or misleading; or\n- (ii) obtained or made in an improper way;\n- (b) the holder of the accreditation has contravened a condition of the accreditation;\n- (c) the holder of the accreditation, or an associate of the holder, has been convicted of— (i) an offence against this Law or a previous corresponding law; or (ii) an offence involving fraud or dishonesty punishable on conviction by imprisonment of 6 months or more, whether committed in this jurisdiction or elsewhere;\n- (i) an offence against this Law or a previous corresponding law; or\n- (ii) an offence involving fraud or dishonesty punishable on conviction by imprisonment of 6 months or more, whether committed in this jurisdiction or elsewhere;\n- (d) since the accreditation was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the accreditation and, had the changed circumstances existed when the accreditation was granted, the Regulator would not have granted the accreditation, or would have granted the accreditation subject to conditions or different conditions;\n- (e) for a maintenance management accreditation or mass management accreditation— (i) public safety has been endangered, or is likely to be endangered, because of the accreditation; or (ii) road infrastructure has been damaged, or is likely to be damaged, because of the accreditation;\n- (i) public safety has been endangered, or is likely to be endangered, because of the accreditation; or\n- (ii) road infrastructure has been damaged, or is likely to be damaged, because of the accreditation;\n- (f) for a BFM accreditation or AFM accreditation—public safety has been endangered, or is likely to be endangered, because of the accreditation;\n- (g) the Regulator considers it necessary in the public interest.\n- (i) false or misleading; or\n- (ii) obtained or made in an improper way;\n- (i) an offence against this Law or a previous corresponding law; or\n- (ii) an offence involving fraud or dishonesty punishable on conviction by imprisonment of 6 months or more, whether committed in this jurisdiction or elsewhere;\n- (i) public safety has been endangered, or is likely to be endangered, because of the accreditation; or\n- (ii) road infrastructure has been damaged, or is likely to be damaged, because of the accreditation;\n- (a) stating the proposed action; and\n- (b) stating the ground for the proposed action; and\n- (c) outlining the facts and circumstances forming the basis for the ground; and\n- (d) if the proposed action is to amend the accreditation (including a condition of the accreditation)—stating the proposed amendment; and\n- (e) if the proposed action is to suspend the accreditation—stating the proposed suspension period; and\n- (f) inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.\n- (a) if the proposed action was to amend the accreditation—amend the accreditation, including, for example, by imposing additional conditions on the accreditation, in a way that is not substantially different from the proposed action; or\n- (b) if the proposed action was to suspend the accreditation—suspend the accreditation for no longer than the period stated in the notice; or\n- (c) if the proposed action was to cancel the accreditation— (i) amend the accreditation, including, for example, by imposing additional conditions on the accreditation; or (ii) suspend the accreditation for a period; or (iii) cancel the accreditation.\n- (i) amend the accreditation, including, for example, by imposing additional conditions on the accreditation; or\n- (ii) suspend the accreditation for a period; or\n- (iii) cancel the accreditation.\n- (i) amend the accreditation, including, for example, by imposing additional conditions on the accreditation; or\n- (ii) suspend the accreditation for a period; or\n- (iii) cancel the accreditation.\n- (a) when the information notice is given to the holder; or\n- (b) if a later time is stated in the information notice, at the later time.","sortOrder":705},{"sectionNumber":"sec.474","sectionType":"section","heading":"Immediate suspension of heavy vehicle accreditation","content":"### sec.474 Immediate suspension of heavy vehicle accreditation\n\nThis section applies if the Regulator considers—\na ground exists to suspend or cancel a heavy vehicle accreditation granted under this Law; and\nit is necessary to suspend the accreditation immediately to prevent or minimise serious harm to public safety.\nThe Regulator may, by notice given to the holder, immediately suspend the heavy vehicle accreditation until the earliest of the following—\nthe Regulator gives the holder an information notice under section 473 (4) and the decision takes effect under section 473 (5) ;\nthe Regulator cancels the suspension;\nthe end of 56 days after the day the notice is given to the holder.\nThis section applies despite sections 472 and 473 .\nsch s 474 amd 2025 No. 26 s 113 (uncommenced amendment)\n(sec.474-ssec.1) This section applies if the Regulator considers— a ground exists to suspend or cancel a heavy vehicle accreditation granted under this Law; and it is necessary to suspend the accreditation immediately to prevent or minimise serious harm to public safety.\n(sec.474-ssec.2) The Regulator may, by notice given to the holder, immediately suspend the heavy vehicle accreditation until the earliest of the following— the Regulator gives the holder an information notice under section 473 (4) and the decision takes effect under section 473 (5) ; the Regulator cancels the suspension; the end of 56 days after the day the notice is given to the holder.\n(sec.474-ssec.3) This section applies despite sections 472 and 473 .\n- (a) a ground exists to suspend or cancel a heavy vehicle accreditation granted under this Law; and\n- (b) it is necessary to suspend the accreditation immediately to prevent or minimise serious harm to public safety.\n- (a) the Regulator gives the holder an information notice under section 473 (4) and the decision takes effect under section 473 (5) ;\n- (b) the Regulator cancels the suspension;\n- (c) the end of 56 days after the day the notice is given to the holder.","sortOrder":706},{"sectionNumber":"sec.475","sectionType":"section","heading":"Minor amendment of heavy vehicle accreditation","content":"### sec.475 Minor amendment of heavy vehicle accreditation\n\nThe Regulator may, by notice given to the holder of a heavy vehicle accreditation granted under this Law, amend the accreditation in a minor respect—\nfor a formal or clerical reason; or\nin another way that does not adversely affect the holder’s interests.\n- (a) for a formal or clerical reason; or\n- (b) in another way that does not adversely affect the holder’s interests.","sortOrder":707},{"sectionNumber":"sch-inc-ch.8-pt.8.5","sectionType":"part","heading":"Other provisions about heavy vehicle accreditations","content":"# Other provisions about heavy vehicle accreditations","sortOrder":708},{"sectionNumber":"sec.476","sectionType":"section","heading":"Return of accreditation certificate","content":"### sec.476 Return of accreditation certificate\n\nIf a person’s heavy vehicle accreditation granted under this Law is amended, suspended or cancelled, the Regulator may, by notice, require the person to return the person’s accreditation certificate to the Regulator.\nThe person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period.\nMaximum penalty—$6000.\nIf the heavy vehicle accreditation has been amended, the Regulator must give the person a replacement accreditation certificate for the accreditation as amended.\nIf the heavy vehicle accreditation has been suspended, the Regulator must give the person the accreditation certificate for the accreditation or, if the accreditation has also been amended, a replacement accreditation certificate for the accreditation as amended, as soon as practicable after the suspension ends.\nsch s 476 om 2025 No. 26 s 114 (uncommenced amendment)\n(sec.476-ssec.1) If a person’s heavy vehicle accreditation granted under this Law is amended, suspended or cancelled, the Regulator may, by notice, require the person to return the person’s accreditation certificate to the Regulator.\n(sec.476-ssec.2) The person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period. Maximum penalty—$6000.\n(sec.476-ssec.3) If the heavy vehicle accreditation has been amended, the Regulator must give the person a replacement accreditation certificate for the accreditation as amended.\n(sec.476-ssec.4) If the heavy vehicle accreditation has been suspended, the Regulator must give the person the accreditation certificate for the accreditation or, if the accreditation has also been amended, a replacement accreditation certificate for the accreditation as amended, as soon as practicable after the suspension ends.","sortOrder":709},{"sectionNumber":"sec.477","sectionType":"section","heading":"Replacement of defaced etc. accreditation certificate","content":"### sec.477 Replacement of defaced etc. accreditation certificate\n\nIf a person’s accreditation certificate for a heavy vehicle accreditation granted under this Law is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement accreditation certificate.\nMaximum penalty—$4000.\nSee section 470 for the requirement to keep an accreditation certificate for a heavy vehicle accreditation while the accreditation is current.\nIf the Regulator is satisfied the accreditation certificate has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement accreditation certificate as soon as practicable.\nIf the Regulator decides not to give the person a replacement accreditation certificate, the Regulator must give the person an information notice for the decision.\nsch s 477 om 2025 No. 26 s 114 (uncommenced amendment)\n(sec.477-ssec.1) If a person’s accreditation certificate for a heavy vehicle accreditation granted under this Law is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement accreditation certificate. Maximum penalty—$4000. See section 470 for the requirement to keep an accreditation certificate for a heavy vehicle accreditation while the accreditation is current.\n(sec.477-ssec.2) If the Regulator is satisfied the accreditation certificate has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement accreditation certificate as soon as practicable.\n(sec.477-ssec.3) If the Regulator decides not to give the person a replacement accreditation certificate, the Regulator must give the person an information notice for the decision.","sortOrder":710},{"sectionNumber":"sec.478","sectionType":"section","heading":"Offences relating to auditors","content":"### sec.478 Offences relating to auditors\n\nA person must not falsely represent that the person is an approved auditor.\nMaximum penalty—$10000.\nAn approved auditor must not falsely represent that the person is an auditor of a particular approved class.\nMaximum penalty—$10000.\nAn approved auditor must not falsely represent that the person has audited an operator’s relevant management system.\nMaximum penalty—$10000.\nA person must not falsely represent the opinion of an approved auditor in relation to an operator’s relevant management system.\nMaximum penalty—$10000.\nIn this section—\napproved class means a class of auditors approved by the responsible Ministers under section 654 .\nsch s 478 amd 2025 No. 26 s 115 (uncommenced amendment)\n(sec.478-ssec.1) A person must not falsely represent that the person is an approved auditor. Maximum penalty—$10000.\n(sec.478-ssec.2) An approved auditor must not falsely represent that the person is an auditor of a particular approved class. Maximum penalty—$10000.\n(sec.478-ssec.3) An approved auditor must not falsely represent that the person has audited an operator’s relevant management system. Maximum penalty—$10000.\n(sec.478-ssec.4) A person must not falsely represent the opinion of an approved auditor in relation to an operator’s relevant management system. Maximum penalty—$10000.\n(sec.478-ssec.5) In this section— approved class means a class of auditors approved by the responsible Ministers under section 654 .","sortOrder":711},{"sectionNumber":"sch-inc-ch.9-pt.9.1","sectionType":"part","heading":"General matters about authorised officers","content":"# General matters about authorised officers","sortOrder":712},{"sectionNumber":"sch-inc-ch.9-pt.9.1-div.1","sectionType":"division","heading":"Functions","content":"## Functions","sortOrder":713},{"sectionNumber":"sec.479","sectionType":"section","heading":"Functions of authorised officers","content":"### sec.479 Functions of authorised officers\n\nAn authorised officer has the following functions under this Law—\nto monitor, investigate and enforce compliance with this Law;\nto monitor or investigate whether an occasion has arisen for the exercise of powers under this Law;\nto facilitate the exercise of powers under this Law.\nAlso, an authorised officer who is not a police officer has the function under this Law to provide advice, information and education to persons with duties or obligations under this Law about compliance with the duties or obligations.\nsch s 479 amd 2019 No. 29 s 18\n(sec.479-ssec.1) An authorised officer has the following functions under this Law— to monitor, investigate and enforce compliance with this Law; to monitor or investigate whether an occasion has arisen for the exercise of powers under this Law; to facilitate the exercise of powers under this Law.\n(sec.479-ssec.2) Also, an authorised officer who is not a police officer has the function under this Law to provide advice, information and education to persons with duties or obligations under this Law about compliance with the duties or obligations.\n- (a) to monitor, investigate and enforce compliance with this Law;\n- (b) to monitor or investigate whether an occasion has arisen for the exercise of powers under this Law;\n- (c) to facilitate the exercise of powers under this Law.","sortOrder":714},{"sectionNumber":"sch-inc-ch.9-pt.9.1-div.2","sectionType":"division","heading":"Appointment","content":"## Appointment","sortOrder":715},{"sectionNumber":"sec.480","sectionType":"section","heading":"Application of Div 2","content":"### sec.480 Application of Div 2\n\nThis Division does not apply to an authorised officer who is a police officer.","sortOrder":716},{"sectionNumber":"sec.481","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.481 Appointment and qualifications\n\nThe Regulator may, by instrument, appoint any of the following individuals as an authorised officer for the purposes of this Law—\nan individual who is—\na member of the staff of the Regulator; or\na person whose services are being used under an arrangement under section 685 ; or\na consultant or contractor engaged by the Regulator under section 686 ;\nan employee of the State;\nan employee of a local government authority;\nan individual of a class prescribed by the national regulations.\nHowever, the Regulator may appoint a person as an authorised officer only if the Regulator is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\n(sec.481-ssec.1) The Regulator may, by instrument, appoint any of the following individuals as an authorised officer for the purposes of this Law— an individual who is— a member of the staff of the Regulator; or a person whose services are being used under an arrangement under section 685 ; or a consultant or contractor engaged by the Regulator under section 686 ; an employee of the State; an employee of a local government authority; an individual of a class prescribed by the national regulations.\n(sec.481-ssec.2) However, the Regulator may appoint a person as an authorised officer only if the Regulator is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\n- (a) an individual who is— (i) a member of the staff of the Regulator; or (ii) a person whose services are being used under an arrangement under section 685 ; or (iii) a consultant or contractor engaged by the Regulator under section 686 ;\n- (i) a member of the staff of the Regulator; or\n- (ii) a person whose services are being used under an arrangement under section 685 ; or\n- (iii) a consultant or contractor engaged by the Regulator under section 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- (i) a member of the staff of the Regulator; or\n- (ii) a person whose services are being used under an arrangement under section 685 ; or\n- (iii) a consultant or contractor engaged by the Regulator under section 686 ;","sortOrder":717},{"sectionNumber":"sec.482","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.482 Appointment conditions and limit on powers\n\nAn authorised officer holds office on any conditions stated in—\nthe officer’s instrument of appointment; or\na notice signed by the Regulator given to the officer; or\nthe national regulations.\nThe instrument of appointment, a signed notice given to the authorised officer, or the national regulations may limit the officer’s powers.\n(sec.482-ssec.1) An authorised officer holds office on any conditions stated in— the officer’s instrument of appointment; or a notice signed by the Regulator given to the officer; or the national regulations.\n(sec.482-ssec.2) The instrument of appointment, a signed notice given to the authorised officer, or the national regulations may limit the officer’s powers.\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.","sortOrder":718},{"sectionNumber":"sec.483","sectionType":"section","heading":"When office ends","content":"### sec.483 When office ends\n\nThe office of a person as an authorised officer ends if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the office ends;\nthe officer’s resignation under section 484 takes effect.\nSubsection (1) does not limit the ways an authorised officer may cease to hold office.\nIn this section—\ncondition of office means a condition under which the authorised officer holds office.\n(sec.483-ssec.1) The office of a person as an authorised officer ends if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the office ends; the officer’s resignation under section 484 takes effect.\n(sec.483-ssec.2) Subsection (1) does not limit the ways an authorised officer may cease to hold office.\n(sec.483-ssec.3) In this section— condition of office means a condition under which the authorised officer holds office.\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.","sortOrder":719},{"sectionNumber":"sec.484","sectionType":"section","heading":"Resignation","content":"### sec.484 Resignation\n\nAn authorised officer may resign by signed notice given to the Regulator.\nHowever, if holding office as an authorised officer is a condition of the officer holding another office, the officer may not resign as an authorised officer without resigning from the other office.\n(sec.484-ssec.1) An authorised officer may resign by signed notice given to the Regulator.\n(sec.484-ssec.2) However, if holding office as an authorised officer is a condition of the officer holding another office, the officer may not resign as an authorised officer without resigning from the other office.","sortOrder":720},{"sectionNumber":"sch-inc-ch.9-pt.9.1-div.3","sectionType":"division","heading":"Identity cards","content":"## Identity cards","sortOrder":721},{"sectionNumber":"sec.485","sectionType":"section","heading":"Application of Div 3","content":"### sec.485 Application of Div 3\n\nThis Division does not apply to an authorised officer who is a police officer.","sortOrder":722},{"sectionNumber":"sec.486","sectionType":"section","heading":"Issue of identity card","content":"### sec.486 Issue of identity card\n\nThe Regulator must issue an identity card to each authorised officer.\nThe identity card must—\ncontain a recent photo of the authorised officer; and\ncontain a copy of the authorised officer’s signature; and\nidentify the person as an authorised officer for the purposes of this Law; and\nstate the identification number allocated to the authorised officer; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for the purposes of this Law and other purposes.\n(sec.486-ssec.1) The Regulator must issue an identity card to each authorised officer.\n(sec.486-ssec.2) The identity card must— contain a recent photo of the authorised officer; and contain a copy of the authorised officer’s signature; and identify the person as an authorised officer for the purposes of this Law; and state the identification number allocated to the authorised officer; and state an expiry date for the card.\n(sec.486-ssec.3) This section does not prevent the issue of a single identity card to a person for the purposes of this Law and other purposes.\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 this Law; and\n- (d) state the identification number allocated to the authorised officer; and\n- (e) state an expiry date for the card.","sortOrder":723},{"sectionNumber":"sec.487","sectionType":"section","heading":"Production or display of identity card","content":"### sec.487 Production or display of identity card\n\nIn exercising a power in relation to a person in the person’s presence, an authorised officer must—\nproduce the officer’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor the purposes of subsection (1) , an authorised officer does not exercise a power in relation to a person only because the officer has entered 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 identification by an authorised officer in circumstances mentioned in those sections.\n(sec.487-ssec.1) In exercising a power in relation to a person in the person’s presence, an authorised officer must— produce the officer’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.487-ssec.2) However, if it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.487-ssec.3) For the purposes of subsection (1) , an authorised officer does not exercise a power in relation to a person only because the officer has entered a place as mentioned in section 495 (1) (b) or 497 (1) (b) or (d) . Sections 505 and 510 include provisions requiring the production of identification by an authorised officer in circumstances mentioned in those sections.\n- (a) produce the officer’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":724},{"sectionNumber":"sec.488","sectionType":"section","heading":"Return of identity card","content":"### sec.488 Return of identity card\n\nIf the office of a person as an authorised officer ends, the person must return the person’s identity card to the Regulator within 21 days after the office ends unless the person has a reasonable excuse.\nMaximum penalty—$4000.\nsch s 488 amd 2015 No. 12 s 67 sch","sortOrder":725},{"sectionNumber":"sch-inc-ch.9-pt.9.1-div.4","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":726},{"sectionNumber":"sec.489","sectionType":"section","heading":"References to exercise of powers","content":"### sec.489 References to exercise of powers\n\nIf—\na provision of this Chapter refers to the exercise of a power by an authorised officer; and\nthere is no reference to a specific power;\nthe reference is to the exercise of all or any authorised officers’ powers under this Chapter or a warrant, to the extent the powers are relevant.\nsch s 489 sub 2013 No. 4 s 12\n- (a) a provision of this Chapter refers to the exercise of a power by an authorised officer; and\n- (b) there is no reference to a specific power;","sortOrder":727},{"sectionNumber":"sec.490","sectionType":"section","heading":"Reference to document includes reference to reproduction from electronic document","content":"### sec.490 Reference to document includes reference to reproduction from electronic document\n\nA reference in this Chapter to a document includes a reference to an image or writing—\nproduced from an electronic document; or\nnot yet produced, but reasonably capable of being produced from an electronic document, with or without the aid of another article or device.\nSee the definition document in section 12 of Schedule 1 .\nsch s 490 sub 2013 No. 4 s 12\namd 2018 No. 18 s 18\n- (a) produced from an electronic document; or\n- (b) not yet produced, but reasonably capable of being produced from an electronic document, with or without the aid of another article or device.","sortOrder":728},{"sectionNumber":"sec.491","sectionType":"section","heading":"Use of force against persons","content":"### sec.491 Use of force against persons\n\nThis Chapter does not authorise—\nan authorised officer (or a person assisting or otherwise acting under the direction or authority of an authorised officer) to use force against a person in the exercise or purported exercise of a function under this Chapter; or\nwithout limiting paragraph (a) , a warrant to be issued under this Chapter authorising a person to use force against a person.\nHowever, subsection (1) does not affect the powers of a police officer to the extent (if any) the police officer is authorised to use force against a person under the Application Act of this jurisdiction.\nThis section has effect despite any other provision of this Chapter in relation to the use of force against a person, even if the other provision is expressed as authorising the use of force for the purposes of the provision.\nsch s 491 sub 2013 No. 4 s 12\n(sec.491-ssec.1) This Chapter does not authorise— an authorised officer (or a person assisting or otherwise acting under the direction or authority of an authorised officer) to use force against a person in the exercise or purported exercise of a function under this Chapter; or without limiting paragraph (a) , a warrant to be issued under this Chapter authorising a person to use force against a person.\n(sec.491-ssec.2) However, subsection (1) does not affect the powers of a police officer to the extent (if any) the police officer is authorised to use force against a person under the Application Act of this jurisdiction.\n(sec.491-ssec.3) This section has effect despite any other provision of this Chapter in relation to the use of force against a person, even if the other provision is expressed as authorising the use of force for the purposes of the provision.\n- (a) an authorised officer (or a person assisting or otherwise acting under the direction or authority of an authorised officer) to use force against a person in the exercise or purported exercise of a function under this Chapter; or\n- (b) without limiting paragraph (a) , a warrant to be issued under this Chapter authorising a person to use force against a person.","sortOrder":729},{"sectionNumber":"sec.492","sectionType":"section","heading":"Use of force against property","content":"### sec.492 Use of force against property\n\nA power to use force against property under another section of this Chapter in the exercise or purported exercise of a function in relation to this jurisdiction cannot be exercised by an authorised officer (or a person assisting or otherwise acting under the direction or authority of the authorised officer) unless—\nthe authorised officer is a police officer; or\nexercise of the power to use force is authorised under the Application Act of this jurisdiction.\nSubsection (1) —\nhas effect despite any other section of this Chapter in relation to the use of force against property, even if the other section is expressed as authorising the use of force for the purposes of the section; but\ndoes not affect any prohibition or restriction on a power to use force set out in the other section.\nSubsections (1) and (2) apply to a power to use force against property whether the power is express or implied.\nDespite subsections (1) to (3) and any other section of this Chapter, this Chapter does not preclude the inclusion of additional circumstances in the Application Act of this jurisdiction in which an authorised officer, whether or not a police officer, may use force against property in the exercise or purported exercise of a function under this Chapter in relation to this jurisdiction.\nsch s 492 sub 2013 No. 4 s 12\n(sec.492-ssec.1) A power to use force against property under another section of this Chapter in the exercise or purported exercise of a function in relation to this jurisdiction cannot be exercised by an authorised officer (or a person assisting or otherwise acting under the direction or authority of the authorised officer) unless— the authorised officer is a police officer; or exercise of the power to use force is authorised under the Application Act of this jurisdiction.\n(sec.492-ssec.2) Subsection (1) — has effect despite any other section of this Chapter in relation to the use of force against property, even if the other section is expressed as authorising the use of force for the purposes of the section; but does not affect any prohibition or restriction on a power to use force set out in the other section.\n(sec.492-ssec.3) Subsections (1) and (2) apply to a power to use force against property whether the power is express or implied.\n(sec.492-ssec.4) Despite subsections (1) to (3) and any other section of this Chapter, this Chapter does not preclude the inclusion of additional circumstances in the Application Act of this jurisdiction in which an authorised officer, whether or not a police officer, may use force against property in the exercise or purported exercise of a function under this Chapter in relation to this jurisdiction.\n- (a) the authorised officer is a police officer; or\n- (b) exercise of the power to use force is authorised under the Application Act of this jurisdiction.\n- (a) has effect despite any other section of this Chapter in relation to the use of force against property, even if the other section is expressed as authorising the use of force for the purposes of the section; but\n- (b) does not affect any prohibition or restriction on a power to use force set out in the other section.","sortOrder":730},{"sectionNumber":"sec.493","sectionType":"section","heading":"Exercise of functions in relation to light vehicles","content":"### sec.493 Exercise of functions in relation to light vehicles\n\nThis Chapter does not authorise the exercise of any function under this Chapter in relation to a vehicle that is not a heavy vehicle.\nHowever, a function under this Chapter may be exercised in relation to—\na pilot vehicle or escort vehicle; or\na vehicle to the extent (if any) that it is reasonably necessary for the purpose of determining if the vehicle is or is not a heavy vehicle.\nsch s 493 sub 2013 No. 4 s 12\n(sec.493-ssec.1) This Chapter does not authorise the exercise of any function under this Chapter in relation to a vehicle that is not a heavy vehicle.\n(sec.493-ssec.2) However, a function under this Chapter may be exercised in relation to— a pilot vehicle or escort vehicle; or a vehicle to the extent (if any) that it is reasonably necessary for the purpose of determining if the vehicle is or is not a heavy vehicle.\n- (a) a pilot vehicle or escort vehicle; or\n- (b) a vehicle to the extent (if any) that it is reasonably necessary for the purpose of determining if the vehicle is or is not a heavy vehicle.","sortOrder":731},{"sectionNumber":"sch-inc-ch.9-pt.9.2","sectionType":"part","heading":"Powers in relation to places","content":"# Powers in relation to places","sortOrder":732},{"sectionNumber":"sch-inc-ch.9-pt.9.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":733},{"sectionNumber":"sec.494","sectionType":"section","heading":"Definitions for Pt 9.2","content":"### sec.494 Definitions for Pt 9.2\n\nIn this Part—\nplace of business , of a responsible person for a heavy vehicle, means a place—\nat or from which the person carries on a business; or\noccupied by the person in connection with a business carried on by the person; or\nthat is the registered office of the person if the person is a body corporate.\nrelevant place means—\na place of business of a responsible person for a heavy vehicle; or\nthe relevant garage address of a heavy vehicle; or\nthe base of the driver or drivers of a heavy vehicle; or\na place where records required to be kept under this Law or a heavy vehicle accreditation are located or are required to be located under this Law or a heavy vehicle accreditation.\nsch s 494 def relevant place sub 2015 No. 12 s 47\nresidence , that is a relevant place, means a place or part of a place mentioned in the definition relevant place used predominantly for residential purposes.\nsch s 494 def residence ins 2015 No. 12 s 47\nFor the purposes of this Part, a place or part of a place is taken not to be used for residential purposes merely because temporary or casual sleeping or other accommodation is provided there for drivers of heavy vehicles.\n(sec.494-ssec.1) In this Part— place of business , of a responsible person for a heavy vehicle, means a place— at or from which the person carries on a business; or occupied by the person in connection with a business carried on by the person; or that is the registered office of the person if the person is a body corporate. relevant place means— a place of business of a responsible person for a heavy vehicle; or the relevant garage address of a heavy vehicle; or the base of the driver or drivers of a heavy vehicle; or a place where records required to be kept under this Law or a heavy vehicle accreditation are located or are required to be located under this Law or a heavy vehicle accreditation. sch s 494 def relevant place sub 2015 No. 12 s 47 residence , that is a relevant place, means a place or part of a place mentioned in the definition relevant place used predominantly for residential purposes. sch s 494 def residence ins 2015 No. 12 s 47\n(sec.494-ssec.2) For the purposes of this Part, a place or part of a place is taken not to be used for residential purposes merely because temporary or casual sleeping or other accommodation is provided there for drivers of heavy vehicles.\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 by the person; or\n- (c) that is the registered office of the person if the person is a body corporate.\n- (a) a place of business of a responsible person for a heavy vehicle; or\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 heavy vehicle accreditation are located or are required to be located under this Law or a heavy vehicle accreditation.","sortOrder":734},{"sectionNumber":"sch-inc-ch.9-pt.9.2-div.1A","sectionType":"division","heading":"Entry of relevant places for advice purposes","content":"## Entry of relevant places for advice purposes","sortOrder":735},{"sectionNumber":"sec.494A","sectionType":"section","heading":"Non-application to police officers","content":"### sec.494A Non-application to police officers\n\nThis Division does not apply to an authorised officer who is a police officer.\nsch s 494A ins 2019 No. 29 s 19","sortOrder":736},{"sectionNumber":"sec.494B","sectionType":"section","heading":"Power to enter relevant place","content":"### sec.494B Power to enter relevant place\n\nAn authorised officer may, for advice purposes, enter a relevant place if—\nan occupier of the place consents under Division 4 to the entry and section 503 has been complied with for the occupier; or\nthe place is not a residence and is—\nopen for carrying on a business; or\notherwise open for entry; or\nrequired to be open for inspection under this Law.\nsch s 494B ins 2019 No. 29 s 19\n- (a) an occupier of the place consents under Division 4 to the entry and section 503 has been complied with for the occupier; or\n- (b) the place is not a residence and is— (i) open for carrying on a business; or (ii) otherwise open for entry; or (iii) required to be open for inspection under this Law.\n- (i) open for carrying on a business; or\n- (ii) otherwise open for entry; or\n- (iii) required to be open for inspection under this Law.\n- (i) open for carrying on a business; or\n- (ii) otherwise open for entry; or\n- (iii) required to be open for inspection under this Law.","sortOrder":737},{"sectionNumber":"sec.494C","sectionType":"section","heading":"Power after entering relevant place","content":"### sec.494C Power after entering relevant place\n\nIf an authorised officer enters a relevant place under this Division, the officer may, for advice purposes, provide advice, information and education.\nsch s 494C ins 2019 No. 29 s 19","sortOrder":738},{"sectionNumber":"sch-inc-ch.9-pt.9.2-div.2","sectionType":"division","heading":"Entry of relevant places for monitoring purposes","content":"## Entry of relevant places for monitoring purposes","sortOrder":739},{"sectionNumber":"sec.495","sectionType":"section","heading":"Power to enter relevant place","content":"### sec.495 Power to enter relevant place\n\nAn authorised officer may, for monitoring purposes, enter a relevant place if—\nan occupier of the place consents under Division 4 to the entry and section 503 has been complied with for the occupier; or\nthe place is not a residence and is—\nopen for carrying on a business; or\notherwise open for entry; or\nrequired to be open for inspection under this Law.\nIf the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\nSubsection (1) (b) does not authorise an authorised officer, without the occupier’s consent or a warrant, to enter a relevant place that is unattended, unless the officer reasonably believes the place is attended.\nIf an authorised officer enters a place reasonably believing the place is attended, the officer must leave the place immediately after finding the place is or appears to be unattended.\nAn authorised officer may open unlocked doors and other unlocked panels and things at a place for gaining entry to the place under subsection (1) .\nThis section does not authorise an authorised officer to use force for exercising a power under this section.\nsch s 495 amd 2015 No. 12 s 48\n(sec.495-ssec.1) An authorised officer may, for monitoring purposes, enter a relevant place if— an occupier of the place consents under Division 4 to the entry and section 503 has been complied with for the occupier; or the place is not a residence and is— open for carrying on a business; or otherwise open for entry; or required to be open for inspection under this Law.\n(sec.495-ssec.2) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\n(sec.495-ssec.3) Subsection (1) (b) does not authorise an authorised officer, without the occupier’s consent or a warrant, to enter a relevant place that is unattended, unless the officer reasonably believes the place is attended.\n(sec.495-ssec.4) If an authorised officer enters a place reasonably believing the place is attended, the officer must leave the place immediately after finding the place is or appears to be unattended.\n(sec.495-ssec.5) An authorised officer may open unlocked doors and other unlocked panels and things at a place for gaining entry to the place under subsection (1) .\n(sec.495-ssec.6) This section does not authorise an authorised officer to use force for exercising a power under this section.\n- (a) an occupier of the place consents under Division 4 to the entry and section 503 has been complied with for the occupier; or\n- (b) the place is not a residence and is— (i) open for carrying on a business; or (ii) otherwise open for entry; or (iii) required to be open for inspection under this Law.\n- (i) open for carrying on a business; or\n- (ii) otherwise open for entry; or\n- (iii) required to be open for inspection under this Law.\n- (i) open for carrying on a business; or\n- (ii) otherwise open for entry; or\n- (iii) required to be open for inspection under this Law.","sortOrder":740},{"sectionNumber":"sec.496","sectionType":"section","heading":"General powers after entering relevant place","content":"### sec.496 General powers after entering relevant place\n\nIf an authorised officer enters a relevant place under this Division, the officer may, for monitoring purposes, do any of the following (each a general power )—\ninspect any part of the place or a vehicle at the place;\ninspect a relevant document at the place;\ncopy, or take an extract from, a relevant document at the place;\nproduce an image or writing at the place from an electronic relevant document at the place or, if it is not practicable to produce the image or writing at the place, take a thing containing the electronic relevant document to another place to produce the image or writing;\nlook for, and inspect, a relevant device at the place;\ntake an extract from a relevant device at the place, including, for example—\nby taking a copy of, or an extract from, a readout or other data obtained from the device; or\nby accessing and downloading information from the device;\nexercise a power in relation to a heavy vehicle at the place that the authorised officer may exercise under section 520 ;\ntake to, into or onto the place and use any persons, equipment, materials, vehicles or other things the officer reasonably requires for exercising the officer’s powers under this section.\nThe authorised officer may take a necessary step to allow the exercise of a general power, including, for example—\nopen an unlocked door or an unlocked panel or thing at the place; and\nmove but not take away anything that is not locked up or sealed.\nFor exercising a power under subsection (1) (c) or (f) , the authorised officer may use photocopying equipment at the place free of charge.\nSee also sections 543 and 544 for use of particular equipment at a place, or in a vehicle, entered under this Chapter.\nIf the authorised officer takes from the place a thing containing an electronic relevant document to produce an image or writing from the document, the image or writing must be produced, and the thing must be returned to the place, as soon as practicable.\nHowever, if the authorised officer entered the place under section 495 (1) (a) , the officer’s powers under this section are subject to the conditions of the consent.\nThis section does not authorise an authorised officer to use force for exercising a power under this section.\nIf the authorised officer is not a police officer, the officer may, for advice purposes, provide advice, information and education.\nIn this section—\nelectronic relevant document means a relevant document that is an electronic document.\nrelevant device means a device relating to a heavy vehicle and required to be installed, used or maintained under this Law or a heavy vehicle accreditation.\na weighing, measuring, recording or monitoring device\nrelevant document means a document relating to a heavy vehicle and required to be kept under this Law or a heavy vehicle accreditation.\nsch s 496 amd 2019 No. 29 s 20\n(sec.496-ssec.1) If an authorised officer enters a relevant place under this Division, the officer may, for monitoring purposes, do any of the following (each a general power )— inspect any part of the place or a vehicle at the place; inspect a relevant document at the place; copy, or take an extract from, a relevant document at the place; produce an image or writing at the place from an electronic relevant document at the place or, if it is not practicable to produce the image or writing at the place, take a thing containing the electronic relevant document to another place to produce the image or writing; look for, and inspect, a relevant device at the place; take an extract from a relevant device at the place, including, for example— by taking a copy of, or an extract from, a readout or other data obtained from the device; or by accessing and downloading information from the device; exercise a power in relation to a heavy vehicle at the place that the authorised officer may exercise under section 520 ; take to, into or onto the place and use any persons, equipment, materials, vehicles or other things the officer reasonably requires for exercising the officer’s powers under this section.\n(sec.496-ssec.2) The authorised officer may take a necessary step to allow the exercise of a general power, including, for example— open an unlocked door or an unlocked panel or thing at the place; and move but not take away anything that is not locked up or sealed.\n(sec.496-ssec.3) For exercising a power under subsection (1) (c) or (f) , the authorised officer may use photocopying equipment at the place free of charge. See also sections 543 and 544 for use of particular equipment at a place, or in a vehicle, entered under this Chapter.\n(sec.496-ssec.4) If the authorised officer takes from the place a thing containing an electronic relevant document to produce an image or writing from the document, the image or writing must be produced, and the thing must be returned to the place, as soon as practicable.\n(sec.496-ssec.5) However, if the authorised officer entered the place under section 495 (1) (a) , the officer’s powers under this section are subject to the conditions of the consent.\n(sec.496-ssec.6) This section does not authorise an authorised officer to use force for exercising a power under this section.\n(sec.496-ssec.6A) If the authorised officer is not a police officer, the officer may, for advice purposes, provide advice, information and education.\n(sec.496-ssec.7) In this section— electronic relevant document means a relevant document that is an electronic document. relevant device means a device relating to a heavy vehicle and required to be installed, used or maintained under this Law or a heavy vehicle accreditation. a weighing, measuring, recording or monitoring device relevant document means a document relating to a heavy vehicle and required to be kept under this Law or a heavy vehicle accreditation.\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- (d) produce an image or writing at the place from an electronic relevant document at the place or, if it is not practicable to produce the image or writing at the place, take a thing containing the electronic relevant document to another place to produce the image 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 example— (i) by taking a copy of, or an extract from, a readout or other data obtained from the device; or (ii) by accessing and downloading information from the device;\n- (i) by taking a copy of, or an extract from, a readout or other data obtained from the device; or\n- (ii) by accessing and downloading information from the device;\n- (g) exercise a power in relation to a heavy vehicle at the place that the authorised officer may exercise under section 520 ;\n- (h) take to, into or onto the place and use any persons, equipment, materials, vehicles or other things the officer reasonably requires for exercising the officer’s powers under this section.\n- (i) by taking a copy of, or an extract from, a readout or other data obtained from the device; or\n- (ii) by accessing and downloading information from the device;\n- (a) open an unlocked door or an unlocked panel or thing at the place; and\n- (b) move but not take away anything that is not locked up or sealed.","sortOrder":741},{"sectionNumber":"sch-inc-ch.9-pt.9.2-div.3","sectionType":"division","heading":"Entry of places for investigation purposes","content":"## Entry of places for investigation purposes","sortOrder":742},{"sectionNumber":"sec.497","sectionType":"section","heading":"General power to enter places","content":"### sec.497 General power to enter places\n\nAn authorised officer may, for investigation purposes, enter a place if—\nan occupier of the place consents under Division 4 to the entry and section 503 has been complied with for the occupier; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised under a warrant and, if there is an occupier at the place, section 510 has been complied with for the occupier; or\nit is a relevant place other than a residence and is—\nopen for carrying on a business; or\notherwise open for entry; or\nrequired to be open for inspection under this Law; or\nthe entry is authorised under section 498 or 499 .\nThe authorised officer may exercise powers under this section at the place even if entry to the place was originally effected under Division 2 for monitoring purposes.\nIf the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\nIf the power to enter is under a warrant—\nthe authorised officer may use force that is reasonably necessary for gaining entry to the place; and\nthe power to enter is subject to the terms of the warrant.\nSubsection (1) (d) does not authorise an authorised officer, without the occupier’s consent or a warrant, to enter—\na place that is unattended, unless the officer reasonably believes the place is attended; or\na place, or part of a place, used predominantly for residential purposes.\nIf an authorised officer enters a place reasonably believing the place is attended, the officer must leave the place immediately after finding the place is or appears to be unattended.\nAn authorised officer may open unlocked doors and other unlocked panels and things at a place for gaining entry to the place under subsection (1) .\nThis section does not authorise an authorised officer to use force for exercising a power under this section unless the power is exercised under a warrant.\nsch s 497 amd 2015 No. 12 s 49\n(sec.497-ssec.1) An authorised officer may, for investigation purposes, enter a place if— an occupier of the place consents under Division 4 to the entry and section 503 has been complied with for the occupier; or it is a public place and the entry is made when it is open to the public; or the entry is authorised under a warrant and, if there is an occupier at the place, section 510 has been complied with for the occupier; or it is a relevant place other than a residence and is— open for carrying on a business; or otherwise open for entry; or required to be open for inspection under this Law; or the entry is authorised under section 498 or 499 .\n(sec.497-ssec.2) The authorised officer may exercise powers under this section at the place even if entry to the place was originally effected under Division 2 for monitoring purposes.\n(sec.497-ssec.3) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\n(sec.497-ssec.4) If the power to enter is under a warrant— the authorised officer may use force that is reasonably necessary for gaining entry to the place; and the power to enter is subject to the terms of the warrant.\n(sec.497-ssec.5) Subsection (1) (d) does not authorise an authorised officer, without the occupier’s consent or a warrant, to enter— a place that is unattended, unless the officer reasonably believes the place is attended; or a place, or part of a place, used predominantly for residential purposes.\n(sec.497-ssec.6) If an authorised officer enters a place reasonably believing the place is attended, the officer must leave the place immediately after finding the place is or appears to be unattended.\n(sec.497-ssec.7) An authorised officer may open unlocked doors and other unlocked panels and things at a place for gaining entry to the place under subsection (1) .\n(sec.497-ssec.8) This section does not authorise an authorised officer to use force for exercising a power under this section unless the power is exercised under a warrant.\n- (a) an occupier of the place consents under Division 4 to the entry and section 503 has been complied with for the occupier; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) the entry is authorised under a warrant and, if there is an occupier at the place, section 510 has been complied with for the occupier; or\n- (d) it is a relevant place other than a residence and is— (i) open for carrying on a business; or (ii) otherwise open for entry; or (iii) required to be open for inspection under this Law; or\n- (i) open for carrying on a business; or\n- (ii) otherwise open for entry; or\n- (iii) required to be open for inspection under this Law; or\n- (e) the entry is authorised under section 498 or 499 .\n- (i) open for carrying on a business; or\n- (ii) otherwise open for entry; or\n- (iii) required to be open for inspection under this Law; or\n- (a) the authorised officer may use force that is reasonably necessary for gaining entry to the place; and\n- (b) the power to enter is subject to the terms of the warrant.\n- (a) a place that is unattended, unless the officer reasonably believes the place is attended; or\n- (b) a place, or part of a place, used predominantly for residential purposes.","sortOrder":743},{"sectionNumber":"sec.498","sectionType":"section","heading":"Power to enter a place if evidence suspected to be at the place","content":"### sec.498 Power to enter a place if evidence suspected to be at the place\n\nThis section applies if an authorised officer reasonably believes that—\neither—\na heavy vehicle is or has been at a place; or\ntransport documentation or journey documentation is at a place; and\nthere may be at the place evidence of an offence against this Law that may be concealed or destroyed unless the place is immediately entered and searched.\nThe authorised officer may enter the place if it is—\nopen for carrying on a business; or\notherwise open for entry; or\nrequired to be open for inspection under this Law.\nSubsection (2) does not authorise an authorised officer to enter—\na place that is unattended, unless the officer reasonably believes the place is attended; or\na place, or part of a place, used predominantly for residential purposes.\nIf an authorised officer enters a place reasonably believing the place is attended, the officer must leave the place immediately after finding the place is or appears to be unattended.\nAn authorised officer may open unlocked doors and other unlocked panels and things at a place for gaining entry to the place under subsection (2) .\nAn authorised officer may use force that is reasonably necessary for gaining entry to a place mentioned in subsection (2) (c) .\nThis section does not authorise an authorised officer to use force for exercising a power under this section other than as provided by subsection (6) .\n(sec.498-ssec.1) This section applies if an authorised officer reasonably believes that— either— a heavy vehicle is or has been at a place; or transport documentation or journey documentation is at a place; and there may be at the place evidence of an offence against this Law that may be concealed or destroyed unless the place is immediately entered and searched.\n(sec.498-ssec.2) The authorised officer may enter the place if it is— open for carrying on a business; or otherwise open for entry; or required to be open for inspection under this Law.\n(sec.498-ssec.3) Subsection (2) does not authorise an authorised officer to enter— a place that is unattended, unless the officer reasonably believes the place is attended; or a place, or part of a place, used predominantly for residential purposes.\n(sec.498-ssec.4) If an authorised officer enters a place reasonably believing the place is attended, the officer must leave the place immediately after finding the place is or appears to be unattended.\n(sec.498-ssec.5) An authorised officer may open unlocked doors and other unlocked panels and things at a place for gaining entry to the place under subsection (2) .\n(sec.498-ssec.6) An authorised officer may use force that is reasonably necessary for gaining entry to a place mentioned in subsection (2) (c) .\n(sec.498-ssec.7) This section does not authorise an authorised officer to use force for exercising a power under this section other than as provided by subsection (6) .\n- (a) either— (i) a heavy vehicle is or has been at a place; or (ii) transport documentation or journey documentation is at a place; and\n- (i) a heavy vehicle is or has been at a place; or\n- (ii) transport documentation or journey documentation is at a place; and\n- (b) there may be at the place evidence of an offence against this Law that may be concealed or destroyed unless the place is immediately entered and searched.\n- (i) a heavy vehicle is or has been at a place; or\n- (ii) transport documentation or journey documentation is at a place; and\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- (a) a place that is unattended, unless the officer reasonably believes the place is attended; or\n- (b) a place, or part of a place, used predominantly for residential purposes.","sortOrder":744},{"sectionNumber":"sec.499","sectionType":"section","heading":"Power to enter particular places if incident involving death, injury or damage","content":"### sec.499 Power to enter particular places if incident involving death, injury or damage\n\nAn authorised officer, without an occupier’s consent or a warrant, may enter a place at any time if the officer reasonably believes—\nan incident involving the death of, or injury to, a person or damage to property involves or may have involved a heavy vehicle; and\nthe incident may have involved an offence against this Law; and\nthere is a connection between the place and the heavy vehicle; and\nthere may be at the place evidence of the offence mentioned in paragraph (b) that may be concealed or destroyed unless the place is immediately entered and searched.\nFor the purposes of subsection (1) , there is a connection between a place and a heavy vehicle if—\nthe place is the vehicle’s garage address or, if the vehicle is a combination, the garage address of a heavy vehicle in the combination; or\nthe vehicle is, or within the past 72 hours has been, located at the place; or\nthe place is, or may be, otherwise directly or indirectly connected with the vehicle or any part of its equipment or load.\nThis section does not authorise an authorised officer to enter a place in relation to an incident that involves the death, or injury to, a person unless the authorised officer is a police officer.\nThis section does not authorise an authorised officer, without the occupier’s consent or a warrant, to enter—\na place that is unattended, unless the officer reasonably believes the place is attended; or\na place, or part of a place, used predominantly for residential purposes.\nIf an authorised officer enters a place without the occupier’s consent or a warrant, reasonably believing the place is attended, the officer must leave the place immediately after finding the place is or appears to be unattended.\nAn authorised officer may open unlocked doors and other unlocked panels and things at a place for gaining entry to the place under subsection (1) .\nThis section does not authorise an authorised officer to use force for exercising a power under this section.\n(sec.499-ssec.1) An authorised officer, without an occupier’s consent or a warrant, may enter a place at any time if the officer reasonably believes— an incident involving the death of, or injury to, a person or damage to property involves or may have involved a heavy vehicle; and the incident may have involved an offence against this Law; and there is a connection between the place and the heavy vehicle; and there may be at the place evidence of the offence mentioned in paragraph (b) that may be concealed or destroyed unless the place is immediately entered and searched.\n(sec.499-ssec.2) For the purposes of subsection (1) , there is a connection between a place and a heavy vehicle if— the place is the vehicle’s garage address or, if the vehicle is a combination, the garage address of a heavy vehicle in the combination; or the vehicle is, or within the past 72 hours has been, located at the place; or the place is, or may be, otherwise directly or indirectly connected with the vehicle or any part of its equipment or load.\n(sec.499-ssec.3) This section does not authorise an authorised officer to enter a place in relation to an incident that involves the death, or injury to, a person unless the authorised officer is a police officer.\n(sec.499-ssec.4) This section does not authorise an authorised officer, without the occupier’s consent or a warrant, to enter— a place that is unattended, unless the officer reasonably believes the place is attended; or a place, or part of a place, used predominantly for residential purposes.\n(sec.499-ssec.5) If an authorised officer enters a place without the occupier’s consent or a warrant, reasonably believing the place is attended, the officer must leave the place immediately after finding the place is or appears to be unattended.\n(sec.499-ssec.6) An authorised officer may open unlocked doors and other unlocked panels and things at a place for gaining entry to the place under subsection (1) .\n(sec.499-ssec.7) This section does not authorise an authorised officer to use force for exercising a power under this section.\n- (a) an incident involving the death of, or injury to, a person or damage to property involves or may have involved a heavy vehicle; and\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; and\n- (d) there may be at the place evidence of the offence mentioned in paragraph (b) that may be concealed or destroyed unless the place is immediately entered and searched.\n- (a) the place is the vehicle’s garage address or, if the vehicle is a combination, the garage address of a heavy vehicle in the combination; or\n- (b) the vehicle is, or within the past 72 hours has been, located at the place; or\n- (c) the place is, or may be, otherwise directly or indirectly connected with the vehicle or any part of its equipment or load.\n- (a) a place that is unattended, unless the officer reasonably believes the place is attended; or\n- (b) a place, or part of a place, used predominantly for residential purposes.","sortOrder":745},{"sectionNumber":"sec.500","sectionType":"section","heading":"General powers after entering a place","content":"### sec.500 General powers after entering a place\n\nIf an authorised officer enters a place under section 497 (1) , the officer may, for investigation purposes, do any of the following (each a general power )—\nsearch any part of the place or a vehicle at the place, including—\nsearching any part of the place or a vehicle at the place for evidence of an offence against this Law; and\nsearching any part of the place or a vehicle at the place for a document, device or other thing relating to a heavy vehicle or any part of its equipment or load;\ninspect, examine or film any part of the place or anything at the place;\ntake a thing, or a sample of or from a thing, at the place for examination;\nplace an identifying mark in or on anything at the place;\ntake an extract from a document, device or other thing at the place, including, for example—\nby taking a copy of, or an extract from, a readout or other data obtained from a device or other thing at the place; or\nby accessing and downloading information from a device or other thing at the place;\nan intelligent transport system\ncopy a document at the place, or take a document at the place to another place to copy it;\na document required to be kept at the place under this Law or a heavy vehicle accreditation\ntransport documentation\njourney documentation\na document the authorised officer reasonably believes provides, or may provide on further inspection, evidence of an offence against this Law\nproduce an image or writing at the place from an electronic document at the place or, if it is not practicable to produce the image or writing at the place, take a thing containing the electronic document to another place to produce the image or writing;\nexercise a power in relation to a heavy vehicle at the place that the authorised officer may exercise under Part 9.3 ;\ntake to, into or onto the place and use any persons, equipment, materials, vehicles or other things the officer reasonably requires 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 place—\nthat the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or\nthe occupier of which allows members of the public to enter, whether or not on payment of money.\nAccordingly, the term ‘public place’ does not include an office area or an area behind a reception counter, unless the public have access to the area as provided in the definition.\nThe authorised officer may take a necessary step to allow the exercise of a general power, including, for example—\nopen an unlocked door or an unlocked panel or thing at the place; and\nmove anything that is not locked up or sealed; and\nif the authorised officer entered the place under section 497 (1) (c) , use the force that is reasonably necessary for the exercise of the power.\nIf an authorised officer takes, or authorises another person to take, a thing or sample for examination under subsection (1) (c) , the officer must—\ngive a receipt for the thing or sample to—\nthe person in possession of the thing or sample or the thing from which the sample was taken; or\nthe person in charge of the place from which the thing or sample was taken; and\nat the end of 6 months after the thing or sample was taken, return it to the person who appears to be an owner of it, a person to whom a receipt was given under paragraph (a) for it, or a person in charge of the place from which it was taken, unless the thing or sample—\nhas been seized under section 549 ; or\ndoes not have any intrinsic value.\nSee section 561 for what happens if a thing or sample can not be returned to its owner or the owner can not be found.\nHowever, if for any reason it is not practicable to comply with subsection (3) (a) , the authorised officer must leave the receipt at the place in a conspicuous position and in a reasonably secure way.\nFor exercising a power under subsection (1) (f) , the authorised officer may use photocopying equipment at the place free of charge.\nSee also sections 543 and 544 for use of particular equipment at a place, or in a vehicle, entered under this Chapter.\nIf the authorised officer takes a document from the place to copy it, the document must be copied and returned to the place as soon as practicable.\nIf the authorised officer takes from the place a thing containing an electronic document to produce an image or writing from the document, the image or writing must be produced, and the thing must be returned to the place, as soon as practicable.\nHowever—\nif the authorised officer entered the place under section 497 (1) (a) , the officer’s powers under this section are subject to the conditions of the consent; and\nif the authorised officer entered the place under section 497 (1) (c) , the officer’s powers under this section are subject to the terms of the warrant.\nWithout limiting section 497 (2) , the authorised officer may exercise powers under this section at the place even if entry to the place was originally effected under Division 2 for monitoring purposes.\nThe power to search under this section does not include a power to search a person.\nIf the authorised officer is not a police officer, the officer may, for advice purposes, provide advice, information and education.\nsch s 500 amd 2019 No. 29 s 21\n(sec.500-ssec.1) If an authorised officer enters a place under section 497 (1) , the officer may, for investigation purposes, do any of the following (each a general power )— search any part of the place or a vehicle at the place, including— searching any part of the place or a vehicle at the place for evidence of an offence against this Law; and searching any part of the place or a vehicle at the place for a document, device or other thing relating to a heavy vehicle or any part of its equipment or load; inspect, examine or film any part of the place or anything at the place; take a thing, or a sample of or from a thing, at the place for examination; place an identifying mark in or on anything at the place; take an extract from a document, device or other thing at the place, including, for example— by taking a copy of, or an extract from, a readout or other data obtained from a device or other thing at the place; or by accessing and downloading information from a device or other thing at the place; an intelligent transport system copy a document at the place, or take a document at the place to another place to copy it; a document required to be kept at the place under this Law or a heavy vehicle accreditation transport documentation journey documentation a document the authorised officer reasonably believes provides, or may provide on further inspection, evidence of an offence against this Law produce an image or writing at the place from an electronic document at the place or, if it is not practicable to produce the image or writing at the place, take a thing containing the electronic document to another place to produce the image or writing; exercise a power in relation to a heavy vehicle at the place that the authorised officer may exercise under Part 9.3 ; take to, into or onto the place and use any persons, equipment, materials, vehicles or other things the officer reasonably requires for exercising the officer’s powers under this section. The term public place is defined in section 5 as a place or part of a place— that the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or the occupier of which allows members of the public to enter, whether or not on payment of money. Accordingly, the term ‘public place’ does not include an office area or an area behind a reception counter, unless the public have access to the area as provided in the definition.\n(sec.500-ssec.2) The authorised officer may take a necessary step to allow the exercise of a general power, including, for example— open an unlocked door or an unlocked panel or thing at the place; and move anything that is not locked up or sealed; and if the authorised officer entered the place under section 497 (1) (c) , use the force that is reasonably necessary for the exercise of the power.\n(sec.500-ssec.3) If an authorised officer takes, or authorises another person to take, a thing or sample for examination under subsection (1) (c) , the officer must— give a receipt for the thing or sample to— the person in possession of the thing or sample or the thing from which the sample was taken; or the person in charge of the place from which the thing or sample was taken; and at the end of 6 months after the thing or sample was taken, return it to the person who appears to be an owner of it, a person to whom a receipt was given under paragraph (a) for it, or a person in charge of the place from which it was taken, unless the thing or sample— has been seized under section 549 ; or does not have any intrinsic value. See section 561 for what happens if a thing or sample can not be returned to its owner or the owner can not be found.\n(sec.500-ssec.4) However, if for any reason it is not practicable to comply with subsection (3) (a) , the authorised officer must leave the receipt at the place in a conspicuous position and in a reasonably secure way.\n(sec.500-ssec.5) For exercising a power under subsection (1) (f) , the authorised officer may use photocopying equipment at the place free of charge. See also sections 543 and 544 for use of particular equipment at a place, or in a vehicle, entered under this Chapter.\n(sec.500-ssec.6) If the authorised officer takes a document from the place to copy it, the document must be copied and returned to the place as soon as practicable.\n(sec.500-ssec.7) If the authorised officer takes from the place a thing containing an electronic document to produce an image or writing from the document, the image or writing must be produced, and the thing must be returned to the place, as soon as practicable.\n(sec.500-ssec.8) However— if the authorised officer entered the place under section 497 (1) (a) , the officer’s powers under this section are subject to the conditions of the consent; and if the authorised officer entered the place under section 497 (1) (c) , the officer’s powers under this section are subject to the terms of the warrant.\n(sec.500-ssec.9) Without limiting section 497 (2) , the authorised officer may exercise powers under this section at the place even if entry to the place was originally effected under Division 2 for monitoring purposes.\n(sec.500-ssec.10) The power to search under this section does not include a power to search a person.\n(sec.500-ssec.11) If the authorised officer is not a police officer, the officer may, for advice purposes, provide advice, information and education.\n- (a) search any part of the place or a vehicle at the place, including— (i) searching any part of the place or a vehicle at the place for evidence of an offence against this Law; and (ii) searching any part of the place or a vehicle at the place for a document, device or other thing relating to a heavy vehicle or any part of its equipment or load;\n- (i) searching any part of the place or a vehicle at the place for evidence of an offence against this Law; and\n- (ii) searching any part of the place or a vehicle at the place for a document, device or other thing relating to a heavy vehicle or any part of its equipment or load;\n- (b) inspect, examine or film any part of the place or anything at the place;\n- (c) take a thing, or a sample of or from a thing, at the place for examination;\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 place, including, for example— (i) by taking a copy of, or an extract from, a readout or other data obtained from a device or other thing at the place; or (ii) by accessing and downloading information from a device or other thing at the place; Example of device or other thing— an intelligent transport system\n- (i) by taking a copy of, or an extract from, a readout or other data obtained from a device or other thing at the place; or\n- (ii) by accessing and downloading information from a device or other thing at the place;\n- (f) copy a document at the place, or take a document at the place to another place to copy it; Examples of documents for the purposes of paragraphs (e) and (f)— • a document required to be kept at the place under this Law or a heavy vehicle accreditation • transport documentation • journey documentation • a document the authorised officer reasonably believes provides, or may provide on further inspection, evidence of an offence against this Law\n- • a document required to be kept at the place under this Law or a heavy vehicle accreditation\n- • transport documentation\n- • journey documentation\n- • a document the authorised officer reasonably believes provides, or may provide on further inspection, evidence of an offence against this Law\n- (g) produce an image or writing at the place from an electronic document at the place or, if it is not practicable to produce the image or writing at the place, take a thing containing the electronic document to another place to produce the image or writing;\n- (h) exercise a power in relation to a heavy vehicle at the place that the authorised officer may exercise under Part 9.3 ;\n- (i) take to, into or onto the place and use any persons, equipment, materials, vehicles or other things the officer reasonably requires for exercising the officer’s powers under this section.\n- (i) searching any part of the place or a vehicle at the place for evidence of an offence against this Law; and\n- (ii) searching any part of the place or a vehicle at the place for a document, device or other thing relating to a heavy vehicle or any part of its equipment or load;\n- (i) by taking a copy of, or an extract from, a readout or other data obtained from a device or other thing at the place; or\n- (ii) by accessing and downloading information from a device or other thing at the place;\n- • a document required to be kept at the place under this Law or a heavy vehicle accreditation\n- • transport documentation\n- • journey documentation\n- • a document the authorised officer reasonably believes provides, or may provide on further inspection, evidence of an offence against this Law\n- (a) that the public is entitled to use, is open to members of the public or 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, whether or not on payment of money.\n- (a) open an unlocked door or an unlocked panel or thing at the place; and\n- (b) move anything that is not locked up or sealed; and\n- (c) if the authorised officer entered the place under section 497 (1) (c) , use the force that is reasonably necessary for the exercise of the power.\n- (a) give a receipt for the thing or sample to— (i) the person in possession of the thing or sample or the thing from which the sample was taken; or (ii) the person in charge of the place from which the thing or sample was taken; and\n- (i) the person in possession of the thing or sample or the thing from which the sample was taken; or\n- (ii) the person in charge of the place from which the thing or sample was taken; and\n- (b) at the end of 6 months after the thing or sample was taken, return it to the person who appears to be an owner of it, a person to whom a receipt was given under paragraph (a) for it, or a person in charge of the place from which it was taken, unless the thing or sample— (i) has been seized under section 549 ; or (ii) does not have any intrinsic value.\n- (i) has been seized under section 549 ; or\n- (ii) does not have any intrinsic value.\n- (i) the person in possession of the thing or sample or the thing from which the sample was taken; or\n- (ii) the person in charge of the place from which the thing or sample was taken; and\n- (i) has been seized under section 549 ; or\n- (ii) does not have any intrinsic value.\n- (a) if the authorised officer entered the place under section 497 (1) (a) , the officer’s powers under this section are subject to the conditions of the consent; and\n- (b) if the authorised officer entered the place under section 497 (1) (c) , the officer’s powers under this section are subject to the terms of the warrant.","sortOrder":746},{"sectionNumber":"sch-inc-ch.9-pt.9.2-div.4","sectionType":"division","heading":"Procedure for entry by consent","content":"## Procedure for entry by consent","sortOrder":747},{"sectionNumber":"sec.501","sectionType":"section","heading":"Application of Div 4","content":"### sec.501 Application of Div 4\n\nThis Division applies if an authorised officer intends to ask an occupier of a place for consent to the officer or another authorised officer entering the place under section 494B (a) , 495 (1) (a) or 497 (1) (a) .\nsch s 501 amd 2019 No. 29 s 22","sortOrder":748},{"sectionNumber":"sec.502","sectionType":"section","heading":"Incidental entry to ask for access","content":"### sec.502 Incidental entry to ask for access\n\nFor the purpose of asking the occupier for the consent, the authorised officer may, without the occupier’s consent or a warrant—\nenter land around a building or other structure at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the officer reasonably believes members of the public ordinarily are allowed to enter when they wish to contact the occupier.\nThe authorised officer must not enter land or a part of a place under subsection (1) if the officer knows or ought reasonably to know the place is unattended.\nIf the authorised officer enters land or a part of a place under subsection (1) , the officer must leave it immediately after finding the place is or appears to be unattended.\n(sec.502-ssec.1) For the purpose of asking the occupier for the consent, the authorised officer may, without the occupier’s consent or a warrant— enter land around a building or other structure at the place to an extent that is reasonable to contact the occupier; or enter part of the place the officer reasonably believes members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n(sec.502-ssec.2) The authorised officer must not enter land or a part of a place under subsection (1) if the officer knows or ought reasonably to know the place is unattended.\n(sec.502-ssec.3) If the authorised officer enters land or a part of a place under subsection (1) , the officer must leave it immediately after finding the place is or appears to be unattended.\n- (a) enter land around a building or other structure at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the officer reasonably believes members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":749},{"sectionNumber":"sec.503","sectionType":"section","heading":"Matters authorised officer must tell occupier","content":"### sec.503 Matters authorised officer must tell occupier\n\nBefore asking for the consent, the authorised officer must give a reasonable explanation to the occupier about the following—\nthe purpose of the entry;\nthat the occupier is not required to consent;\nthat the consent may be given subject to conditions and may be withdrawn at any time;\nany other powers intended to be exercised to achieve the purpose of the entry.\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 withdrawn at any time;\n- (d) any other powers intended to be exercised to achieve the purpose of the entry.","sortOrder":750},{"sectionNumber":"sec.504","sectionType":"section","heading":"Consent acknowledgement","content":"### sec.504 Consent acknowledgement\n\nIf the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe purpose of the entry, including the powers intended to be exercised to achieve the purpose of the entry; and\nthat the following have been explained to the occupier—\nthe purpose of the entry, including the powers intended to be exercised to achieve the purpose of the entry;\nthat the occupier is not required to consent; and\nthat the occupier gives the authorised officer consent to enter the place and exercise the powers; and\nthe time and day the consent was given; and\nany conditions of the consent.\nIf the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.\nHowever, if it is impractical for the authorised officer to give the occupier a copy of the acknowledgement immediately, the officer must give the copy as soon as practicable.\nIf the acknowledgment states some but not all the powers exercised or intended to be exercised to achieve the purpose of the entry—\nthe acknowledgment is not necessarily invalid merely because of the omission; but\nif an issue arises in a proceeding about the validity of the acknowledgment—the court has a discretion to decide if the acknowledgment is invalid on the ground that the exercise of the power was of such significance in the particular circumstances as to have warranted its inclusion in the acknowledgment.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\nan acknowledgement complying with subsection (2) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n(sec.504-ssec.1) If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.\n(sec.504-ssec.2) The acknowledgement must state— the purpose of the entry, including the powers intended to be exercised to achieve the purpose of the entry; and that the following have been explained to the occupier— the purpose of the entry, including the powers intended to be exercised to achieve the purpose of the entry; that the occupier is not required to consent; and that the occupier gives the authorised officer consent to enter the place and exercise the powers; and the time and day the consent was given; and any conditions of the consent.\n(sec.504-ssec.3) If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.\n(sec.504-ssec.4) However, if it is impractical for the authorised officer to give the occupier a copy of the acknowledgement immediately, the officer must give the copy as soon as practicable.\n(sec.504-ssec.5) If the acknowledgment states some but not all the powers exercised or intended to be exercised to achieve the purpose of the entry— the acknowledgment is not necessarily invalid merely because of the omission; but if an issue arises in a proceeding about the validity of the acknowledgment—the court has a discretion to decide if the acknowledgment is invalid on the ground that the exercise of the power was of such significance in the particular circumstances as to have warranted its inclusion in the acknowledgment.\n(sec.504-ssec.6) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (2) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry, including the powers intended to be exercised to achieve the purpose of the entry; and\n- (b) that the following have been explained to the occupier— (i) the purpose of the entry, including the powers intended to be exercised to achieve the purpose of the entry; (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry, including the powers intended to be 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 place and exercise the powers; and\n- (d) the time and day the consent was given; and\n- (e) any conditions of the consent.\n- (i) the purpose of the entry, including the powers intended to be exercised to achieve the purpose of the entry;\n- (ii) that the occupier is not required to consent; and\n- (a) the acknowledgment is not necessarily invalid merely because of the omission; but\n- (b) if an issue arises in a proceeding about the validity of the acknowledgment—the court has a discretion to decide if the acknowledgment is invalid on the ground that the exercise of the power was of such significance in the particular circumstances as to have warranted its inclusion in the acknowledgment.\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) an acknowledgement complying with subsection (2) for the entry is not produced in evidence;","sortOrder":751},{"sectionNumber":"sec.505","sectionType":"section","heading":"Procedure for entry with consent","content":"### sec.505 Procedure for entry with consent\n\nThis section applies if an authorised officer is intending to ask the occupier for consent to enter a place under this Division (otherwise than under section 502 ).\nBefore asking for consent, the authorised officer must identify himself or herself to a person who is an occupier of the place and is present by producing—\nfor an authorised officer who is a police officer—an identity card or other document evidencing the officer’s appointment as a police officer; or\nfor an authorised officer who is not a police officer—the identity card issued to the officer under this Law or another document evidencing the officer’s appointment as an authorised officer.\nSubsection (2) (a) does not apply to a police officer in uniform.\n(sec.505-ssec.1) This section applies if an authorised officer is intending to ask the occupier for consent to enter a place under this Division (otherwise than under section 502 ).\n(sec.505-ssec.2) Before asking for consent, the authorised officer must identify himself or herself to a person who is an occupier of the place and is present by producing— for an authorised officer who is a police officer—an identity card or other document evidencing the officer’s appointment as a police officer; or for an authorised officer who is not a police officer—the identity card issued to the officer under this Law or another document evidencing the officer’s appointment as an authorised officer.\n(sec.505-ssec.3) Subsection (2) (a) does not apply to a police officer in uniform.\n- (a) for an authorised officer who is a police officer—an identity card or other document evidencing the officer’s appointment as a police officer; or\n- (b) for an authorised officer who is not a police officer—the identity card issued to the officer under this Law or another document evidencing the officer’s appointment as an authorised officer.","sortOrder":752},{"sectionNumber":"sch-inc-ch.9-pt.9.2-div.5","sectionType":"division","heading":"Entry under warrant","content":"## Entry under warrant","sortOrder":753},{"sectionNumber":"sec.506","sectionType":"section","heading":"Application for warrant","content":"### sec.506 Application for warrant\n\nAn authorised officer may apply to an authorised warrant official for a warrant for a place.\nThe authorised officer must prepare a written application stating the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe authorised warrant official may refuse to consider the application until the authorised officer gives the official all the information the official requires about the application in the way the official requires.\nThe authorised warrant official may require additional information supporting the written application to be given by statutory declaration.\n(sec.506-ssec.1) An authorised officer may apply to an authorised warrant official for a warrant for a place.\n(sec.506-ssec.2) The authorised officer must prepare a written application stating the grounds on which the warrant is sought.\n(sec.506-ssec.3) The written application must be sworn.\n(sec.506-ssec.4) The authorised warrant official may refuse to consider the application until the authorised officer gives the official all the information the official requires about the application in the way the official requires. The authorised warrant official may require additional information supporting the written application to be given by statutory declaration.","sortOrder":754},{"sectionNumber":"sec.507","sectionType":"section","heading":"Issue of warrant","content":"### sec.507 Issue of warrant\n\nThe authorised warrant official may issue the warrant for the place only if the official is satisfied there are reasonable grounds for suspecting there is at the place, or will be at the place within the next 72 hours, a particular thing or activity that may provide evidence of an offence against this Law.\nThe warrant must state the following—\nthe place to which the warrant applies;\nthat a stated authorised officer or any authorised officer may, with necessary and reasonable help and force—\nenter the place and any other place necessary for entry to the place; and\nexercise the authorised officer’s powers;\nparticulars of the offence that the authorised warrant official considers appropriate in the circumstances;\nthe name of the person suspected of having committed the offence unless the name is unknown or the authorised warrant official considers it inappropriate to state the name;\nthe evidence that may be seized under the warrant;\nthe hours of the day or night when the place may be entered;\nthe authorised warrant official’s name;\nthe date and time of the warrant’s issue;\nthe day, within 14 days after the warrant’s issue, the warrant ends.\n(sec.507-ssec.1) The authorised warrant official may issue the warrant for the place only if the official is satisfied there are reasonable grounds for suspecting there is at the place, or will be at the place within the next 72 hours, a particular thing or activity that may provide evidence of an offence against this Law.\n(sec.507-ssec.2) The warrant must state the following— the place to which the warrant applies; that a stated authorised officer or any authorised officer may, with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the authorised officer’s powers; particulars of the offence that the authorised warrant official considers appropriate in the circumstances; the name of the person suspected of having committed the offence unless the name is unknown or the authorised warrant official considers it inappropriate to state the name; the evidence that may be seized under the warrant; the hours of the day or night when the place may be entered; the authorised warrant official’s name; the date and time of the warrant’s issue; the day, within 14 days after the warrant’s issue, the warrant ends.\n- (a) the place to which the warrant applies;\n- (b) that a stated authorised officer or any authorised officer may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the authorised officer’s powers;\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the authorised officer’s powers;\n- (c) particulars of the offence that the authorised warrant official considers appropriate in the circumstances;\n- (d) the name of the person suspected of having committed the offence unless the name is unknown or the authorised warrant official 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 ends.\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the authorised officer’s powers;","sortOrder":755},{"sectionNumber":"sec.508","sectionType":"section","heading":"Application by electronic communication and duplicate warrant","content":"### sec.508 Application by electronic communication and duplicate warrant\n\nAn application under section 506 may be made by radio, telephone, fax, email, video conferencing or another form of electronic communication if the authorised officer reasonably believes it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the officer’s remote location.\nThe application—\nmay not be made before the authorised officer prepares the written application under section 506 (2) ; but\nmay be made before the written application is sworn.\nThe authorised warrant official may issue the warrant (the original warrant ) only if the official is satisfied—\nit was necessary to make the application under subsection (1) ; and\nthe way the application was made under subsection (1) was appropriate.\nAfter the authorised warrant official issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, for example, by sending a copy by fax or email, the official must immediately give a copy of the warrant to the officer; or\notherwise—\nthe official must tell the authorised officer the information mentioned in section 507 (2) ; and\nthe authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 507 (2) provided by the official.\nThe copy of the warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe authorised officer must, at the first reasonable opportunity, send to the authorised warrant official—\nthe written application complying with section 506 (2) and (3) ; and\nif the officer completed a form of warrant under subsection (4) (b) —the completed form of warrant.\nThe authorised warrant official must keep the original warrant and, on receiving the documents under subsection (6) —\nattach the documents to the original warrant; and\nfile the original warrant and documents in the relevant court.\nDespite subsection (5) , if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nThis section does not limit section 506 .\n(sec.508-ssec.1) An application under section 506 may be made by radio, telephone, fax, email, video conferencing or another form of electronic communication if the authorised officer reasonably believes it necessary because of— urgent circumstances; or other special circumstances, including, for example, the officer’s remote location.\n(sec.508-ssec.2) The application— may not be made before the authorised officer prepares the written application under section 506 (2) ; but may be made before the written application is sworn.\n(sec.508-ssec.3) The authorised warrant official may issue the warrant (the original warrant ) only if the official is satisfied— it was necessary to make the application under subsection (1) ; and the way the application was made under subsection (1) was appropriate.\n(sec.508-ssec.4) After the authorised warrant official issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, for example, by sending a copy by fax or email, the official must immediately give a copy of the warrant to the officer; or otherwise— the official must tell the authorised officer the information mentioned in section 507 (2) ; and the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 507 (2) provided by the official.\n(sec.508-ssec.5) The copy of the warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sec.508-ssec.6) The authorised officer must, at the first reasonable opportunity, send to the authorised warrant official— the written application complying with section 506 (2) and (3) ; and if the officer completed a form of warrant under subsection (4) (b) —the completed form of warrant.\n(sec.508-ssec.7) The authorised warrant official must keep the original warrant and, on receiving the documents under subsection (6) — attach the documents to the original warrant; and file the original warrant and documents in the relevant court.\n(sec.508-ssec.8) Despite subsection (5) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sec.508-ssec.9) This section does not limit section 506 .\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the officer’s remote location.\n- (a) may not be made before the authorised officer prepares the written application under section 506 (2) ; but\n- (b) may be made before the written application is sworn.\n- (a) it was necessary to make the application under subsection (1) ; and\n- (b) the way the application was made under subsection (1) was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, for example, by sending a copy by fax or email, the official must immediately give a copy of the warrant to the officer; or\n- (b) otherwise— (i) the official must tell the authorised officer the information mentioned in section 507 (2) ; and (ii) the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 507 (2) provided by the official.\n- (i) the official must tell the authorised officer the information mentioned in section 507 (2) ; and\n- (ii) the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 507 (2) provided by the official.\n- (i) the official must tell the authorised officer the information mentioned in section 507 (2) ; and\n- (ii) the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 507 (2) provided by the official.\n- (a) the written application complying with section 506 (2) and (3) ; and\n- (b) if the officer completed a form of warrant under subsection (4) (b) —the completed form of warrant.\n- (a) attach the documents to the original warrant; and\n- (b) file the original warrant and documents in the relevant court.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n- (b) the original warrant is not produced in evidence;","sortOrder":756},{"sectionNumber":"sec.509","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.509 Defect in relation to a warrant\n\nA warrant is not invalidated by a defect in—\nthe warrant; or\ncompliance with this Division;\nunless the defect affects the substance of the warrant in a material particular.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 508 (5) .\n(sec.509-ssec.1) A warrant is not invalidated by a defect in— the warrant; or compliance with this Division; unless the defect affects the substance of the warrant in a material particular.\n(sec.509-ssec.2) In this section— warrant includes a duplicate warrant mentioned in section 508 (5) .\n- (a) the warrant; or\n- (b) compliance with this Division;","sortOrder":757},{"sectionNumber":"sec.510","sectionType":"section","heading":"Procedure for entry under warrant","content":"### sec.510 Procedure for entry under warrant\n\nThis section applies if an authorised officer is intending to enter a place under a warrant issued under this Division.\nBefore entering the place, the authorised officer must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person who is an occupier of the place and is present by producing—\nfor an authorised officer who is a police officer—an identity card or other document evidencing the officer’s appointment as a police officer; or\nfor an authorised officer who is not a police officer—the identity card issued to the officer under this Law or another document evidencing the officer’s appointment as an authorised officer;\ngive the person a copy of the warrant;\ntell the person the officer is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the officer immediate entry to the place without using force.\nHowever, the authorised officer need not comply with subsection (2) if the officer reasonably believes that entry to the place is required to ensure the execution of the warrant is not frustrated.\nSubsection (2) (a) (i) does not apply to a police officer in uniform.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 508 (5) .\n(sec.510-ssec.1) This section applies if an authorised officer is intending to enter a place under a warrant issued under this Division.\n(sec.510-ssec.2) Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things— identify himself or herself to a person who is an occupier of the place and is present by producing— for an authorised officer who is a police officer—an identity card or other document evidencing the officer’s appointment as a police officer; or for an authorised officer who is not a police officer—the identity card issued to the officer under this Law or another document evidencing the officer’s appointment as an authorised officer; give the person a copy of the warrant; tell the person the officer is permitted by the warrant to enter the place; give the person an opportunity to allow the officer immediate entry to the place without using force.\n(sec.510-ssec.3) However, the authorised officer need not comply with subsection (2) if the officer reasonably believes that entry to the place is required to ensure the execution of the warrant is not frustrated.\n(sec.510-ssec.4) Subsection (2) (a) (i) does not apply to a police officer in uniform.\n(sec.510-ssec.5) In this section— warrant includes a duplicate warrant mentioned in section 508 (5) .\n- (a) identify himself or herself to a person who is an occupier of the place and is present by producing— (i) for an authorised officer who is a police officer—an identity card or other document evidencing the officer’s appointment as a police officer; or (ii) for an authorised officer who is not a police officer—the identity card issued to the officer under this Law or another document evidencing the officer’s appointment as an authorised officer;\n- (i) for an authorised officer who is a police officer—an identity card or other document evidencing the officer’s appointment as a police officer; or\n- (ii) for an authorised officer who is not a police officer—the identity card issued to the officer under this Law or another document evidencing the officer’s appointment as an authorised 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 place;\n- (d) give the person an opportunity to allow the officer immediate entry to the place without using force.\n- (i) for an authorised officer who is a police officer—an identity card or other document evidencing the officer’s appointment as a police officer; or\n- (ii) for an authorised officer who is not a police officer—the identity card issued to the officer under this Law or another document evidencing the officer’s appointment as an authorised officer;","sortOrder":758},{"sectionNumber":"sch-inc-ch.9-pt.9.3","sectionType":"part","heading":"Powers in relation to heavy vehicles","content":"# Powers in relation to heavy vehicles","sortOrder":759},{"sectionNumber":"sch-inc-ch.9-pt.9.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":760},{"sectionNumber":"sec.511","sectionType":"section","heading":"Application of Pt 9.3","content":"### sec.511 Application of Pt 9.3\n\nUnless otherwise stated in this Part, this Part applies to a heavy vehicle—\non a road; or\nin or at a public place; or\nin or at a place owned or occupied by a road authority or by another public authority; or\nin or at a place entered by an authorised officer under Part 9.2 .\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 another public authority; or\n- (d) in or at a place entered by an authorised officer under Part 9.2 .","sortOrder":761},{"sectionNumber":"sec.512","sectionType":"section","heading":"Persons who are drivers for this Part","content":"### sec.512 Persons who are drivers for this Part\n\nIn this Part, a reference to the driver of a heavy vehicle includes a reference to a person in, on or in the vicinity of the vehicle whom an authorised officer present at the scene reasonably believes is the vehicle’s driver.\n_____\nsch s 512A ins 2025 No. 26 s 116 (uncommenced amendment)","sortOrder":762},{"sectionNumber":"sch-inc-ch.9-pt.9.3-div.2","sectionType":"division","heading":"Stopping, not moving or not interfering with heavy vehicle etc.","content":"## Stopping, not moving or not interfering with heavy vehicle etc.","sortOrder":763},{"sectionNumber":"sec.513","sectionType":"section","heading":"Direction to stop heavy vehicle to enable exercise of other powers","content":"### sec.513 Direction to stop heavy vehicle to enable exercise of other powers\n\nTo enable an authorised officer to exercise a power under this Law, the 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 that the authorised officer can enter and inspect it under section 520 or enter and search it under section 521 .\nThe direction may be given orally or in any other way, including, for example, by way of a sign or electronic or other signal.\nThe direction may require the heavy vehicle to be—\nstopped immediately; or\nstopped at a place indicated by the authorised officer as the nearest place for it to be safely stopped.\nA person given a direction under subsection (1) must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty—$6000.\nWhen the heavy vehicle stops, the authorised officer must as soon as practicable produce for the inspection of the vehicle’s driver—\nfor an authorised officer who is a police officer—an identity card or other document evidencing the officer’s appointment as a police officer; or\nfor an authorised officer who is not a police officer—the identity card issued to the officer under this Law or another document evidencing the officer’s appointment as an authorised officer.\nSubsection (5) (a) does not apply to a police officer in uniform.\nIn this section—\nstop a heavy vehicle means to stop the vehicle and keep it stationary.\n(sec.513-ssec.1) To enable an authorised officer to exercise a power under this Law, the officer may direct the driver of a heavy vehicle to stop the vehicle. An authorised officer may direct the driver of a heavy vehicle to stop the vehicle so that the authorised officer can enter and inspect it under section 520 or enter and search it under section 521 .\n(sec.513-ssec.2) The direction may be given orally or in any other way, including, for example, by way of a sign or electronic or other signal.\n(sec.513-ssec.3) The direction may require the heavy vehicle to be— stopped immediately; or stopped at a place indicated by the authorised officer as the nearest place for it to be safely stopped.\n(sec.513-ssec.4) A person given a direction under subsection (1) must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—$6000.\n(sec.513-ssec.5) When the heavy vehicle stops, the authorised officer must as soon as practicable produce for the inspection of the vehicle’s driver— for an authorised officer who is a police officer—an identity card or other document evidencing the officer’s appointment as a police officer; or for an authorised officer who is not a police officer—the identity card issued to the officer under this Law or another document evidencing the officer’s appointment as an authorised officer.\n(sec.513-ssec.6) Subsection (5) (a) does not apply to a police officer in uniform.\n(sec.513-ssec.7) In this section— stop a heavy vehicle means to stop the vehicle and keep it stationary.\n- (a) stopped immediately; or\n- (b) stopped at a place indicated by the authorised officer as the nearest place for it to be safely stopped.\n- (a) for an authorised officer who is a police officer—an identity card or other document evidencing the officer’s appointment as a police officer; or\n- (b) for an authorised officer who is not a police officer—the identity card issued to the officer under this Law or another document evidencing the officer’s appointment as an authorised officer.","sortOrder":764},{"sectionNumber":"sec.514","sectionType":"section","heading":"Direction not to move or interfere with heavy vehicle etc. to enable exercise of other powers","content":"### sec.514 Direction not to move or interfere with heavy vehicle etc. to enable exercise of other powers\n\nTo enable an authorised officer to exercise a power under this Law, the officer may direct the driver of a heavy vehicle or any other person not to—\nmove the vehicle; or\ninterfere with the vehicle or any equipment in it; or\ninterfere with the vehicle’s load.\nThe direction may be given orally or in any other way, including, for example, by way of a sign or electronic or other signal.\nA person given a direction under subsection (1) must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty—$6000.\n(sec.514-ssec.1) To enable an authorised officer to exercise a power under this Law, the officer may direct the driver of a heavy vehicle or any other person not to— move the vehicle; or interfere with the vehicle or any equipment in it; or interfere with the vehicle’s load.\n(sec.514-ssec.2) The direction may be given orally or in any other way, including, for example, by way of a sign or electronic or other signal.\n(sec.514-ssec.3) A person given a direction under subsection (1) must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—$6000.\n- (a) move the vehicle; or\n- (b) interfere with the vehicle or any equipment in it; or\n- (c) interfere with the vehicle’s load.","sortOrder":765},{"sectionNumber":"sch-inc-ch.9-pt.9.3-div.3","sectionType":"division","heading":"Moving heavy vehicle","content":"## Moving heavy vehicle","sortOrder":766},{"sectionNumber":"sec.515","sectionType":"section","heading":"Definition for Div 3","content":"### sec.515 Definition for Div 3\n\nIn this Division—\nunattended , for a heavy vehicle, means—\nthere is no-one in or near the vehicle who appears to be its driver; or\nthere is a person in or near the vehicle who appears to be its driver but the person is—\nunwilling, or not qualified or fit, to drive the vehicle; or\nnot authorised by the operator of the vehicle to drive it; or\nsubject to a direction under section 524 .\n- (a) there is no-one in or near the vehicle who appears to be its driver; or\n- (b) there is a person in or near the vehicle who appears to be its driver but the person is— (i) unwilling, or not qualified or fit, to drive the vehicle; or (ii) not authorised by the operator of the vehicle to drive it; or (iii) subject to a direction under section 524 .\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- (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 .","sortOrder":767},{"sectionNumber":"sec.516","sectionType":"section","heading":"Direction to move heavy vehicle to enable exercise of other powers","content":"### sec.516 Direction to move heavy vehicle to enable exercise of other powers\n\nTo enable an authorised officer to exercise a power under this Law, the officer may direct the driver or operator of a heavy vehicle that is stationary or has been stopped under section 513 to move the vehicle, or cause it to be moved, to a stated reasonable place within a 30km radius from—\nwhere the vehicle was stationary or stopped; or\nif the direction is given within the course of the vehicle’s journey—any point along the forward route of the journey.\nAn authorised officer may direct the driver of a heavy vehicle to move the vehicle onto a weighing or testing device.\nThe direction may be made orally or in any other way, including, for example—\nfor a direction given to the driver of a heavy vehicle—by way of a sign or electronic or other signal; or\nfor a direction given to the operator of a heavy vehicle—by radio, telephone, fax or email.\nA person given a direction under subsection (1) must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty—$6000.\nWithout limiting what may be a reasonable excuse for the purposes of subsection (3) , in a proceeding for an offence against the subsection, it is a defence for the person charged to prove that—\nit was not possible to move the heavy vehicle because it was broken down; and\nthe breakdown happened for a physical reason beyond the person’s control; and\nthe breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time.\n(sec.516-ssec.1) To enable an authorised officer to exercise a power under this Law, the officer may direct the driver or operator of a heavy vehicle that is stationary or has been stopped under section 513 to move the vehicle, or cause it to be moved, to a stated reasonable place within a 30km radius from— where the vehicle was stationary or stopped; or if the direction is given within the course of the vehicle’s journey—any point along the forward route of the journey. An authorised officer may direct the driver of a heavy vehicle to move the vehicle onto a weighing or testing device.\n(sec.516-ssec.2) The direction may be made orally or in any other way, including, for example— for a direction given to the driver of a heavy vehicle—by way of a sign or electronic or other signal; or for a direction given to the operator of a heavy vehicle—by radio, telephone, fax or email.\n(sec.516-ssec.3) A person given a direction under subsection (1) must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—$6000.\n(sec.516-ssec.4) Without limiting what may be a reasonable excuse for the purposes of subsection (3) , in a proceeding for an offence against the subsection, it is a defence for the person charged to prove that— it was not possible to move the heavy vehicle because it was broken down; and the breakdown happened for a physical reason beyond the person’s control; and the breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time.\n- (a) where the vehicle was stationary or stopped; or\n- (b) if the direction is given within the course of the vehicle’s journey—any point along the forward route of the journey.\n- (a) for a direction given to the driver of a heavy vehicle—by way of a sign or electronic or other signal; or\n- (b) for a direction given to the operator of a heavy vehicle—by radio, telephone, fax or email.\n- (a) it was not possible to move the heavy vehicle because it was broken down; and\n- (b) the breakdown happened for a physical reason beyond the person’s control; and\n- (c) the breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time.","sortOrder":768},{"sectionNumber":"sec.517","sectionType":"section","heading":"Direction to move heavy vehicle if causing harm etc.","content":"### sec.517 Direction to move heavy vehicle if causing harm etc.\n\nThis section applies if an authorised officer reasonably believes a stationary heavy vehicle is—\ncausing, or creating a risk of, serious harm to public safety, the environment or road infrastructure; or\nobstructing traffic or likely to obstruct traffic.\nThe authorised officer may direct the driver or operator of the heavy vehicle to do either or both of the following—\nmove the vehicle, or cause it to be moved, to the extent necessary to avoid the harm or obstruction;\ndo, or cause to be done, anything else the officer reasonably requires to avoid the harm or obstruction.\nThe direction may be made orally or in any other way, including, for example—\nfor a direction given to the driver of a heavy vehicle—by way of a sign or electronic or other signal; or\nfor a direction given to the operator of a heavy vehicle—by radio, telephone, fax or email.\nA person given a direction under subsection (2) must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty—$6000.\nWithout limiting what may be a reasonable excuse for the purposes of subsection (4) , in a proceeding for an offence against the subsection, it is a defence for the person charged to prove that—\nit was not possible to move the heavy vehicle because it was broken down; and\nthe breakdown happened for a physical reason beyond the person’s control; and\nthe breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time.\nsch s 517 amd 2025 No. 26 s 117 (uncommenced amendment)\n(sec.517-ssec.1) This section applies if an authorised officer reasonably believes a stationary heavy vehicle is— causing, or creating a risk of, serious harm to public safety, the environment or road infrastructure; or obstructing traffic or likely to obstruct traffic.\n(sec.517-ssec.2) The authorised officer may direct the driver or operator of the heavy vehicle to do either or both of the following— move the vehicle, or cause it to be moved, to the extent necessary to avoid the harm or obstruction; do, or cause to be done, anything else the officer reasonably requires to avoid the harm or obstruction.\n(sec.517-ssec.3) The direction may be made orally or in any other way, including, for example— for a direction given to the driver of a heavy vehicle—by way of a sign or electronic or other signal; or for a direction given to the operator of a heavy vehicle—by radio, telephone, fax or email.\n(sec.517-ssec.4) A person given a direction under subsection (2) must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—$6000.\n(sec.517-ssec.5) Without limiting what may be a reasonable excuse for the purposes of subsection (4) , in a proceeding for an offence against the subsection, it is a defence for the person charged to prove that— it was not possible to move the heavy vehicle because it was broken down; and the breakdown happened for a physical reason beyond the person’s control; and the breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time.\n- (a) causing, or creating a risk of, serious harm to public safety, the environment or road infrastructure; or\n- (b) obstructing traffic or likely to obstruct traffic.\n- (a) move the vehicle, or cause it to be moved, to the extent necessary to avoid the harm or obstruction;\n- (b) do, or cause to be done, anything else the officer reasonably requires to avoid the harm or obstruction.\n- (a) for a direction given to the driver of a heavy vehicle—by way of a sign or electronic or other signal; or\n- (b) for a direction given to the operator of a heavy vehicle—by radio, telephone, fax or email.\n- (a) it was not possible to move the heavy vehicle because it was broken down; and\n- (b) the breakdown happened for a physical reason beyond the person’s control; and\n- (c) the breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time.","sortOrder":769},{"sectionNumber":"sec.518","sectionType":"section","heading":"Moving unattended heavy vehicle on road to exercise another power","content":"### sec.518 Moving unattended heavy vehicle on road to exercise another power\n\nThis section applies if an authorised officer—\nreasonably believes a heavy vehicle on a road is unattended; and\nintends to exercise a power under this Law in relation to the heavy vehicle; and\nreasonably believes it is necessary to move the heavy vehicle to enable the exercise of the power.\nTo the extent reasonably necessary to enable the exercise of the power, the authorised officer—\nmay move the heavy vehicle; or\nauthorise someone else (the assistant ) to move the heavy vehicle.\nby driving, pushing or towing the heavy vehicle\nThe authorised officer or assistant may enter the heavy vehicle to enable the authorised officer or assistant to move it.\nDespite subsection (2) , the authorised officer—\nmay only drive the heavy vehicle if the officer is qualified and fit to drive it; and\nmay only authorise the assistant to drive the heavy vehicle if the assistant is qualified and fit to drive it.\nIt is immaterial that—\nthe assistant is not the operator of the heavy vehicle; or\nthe authorised officer or assistant is not authorised by the operator to drive the heavy vehicle.\nThe authorised officer or assistant may—\nopen unlocked doors and other unlocked panels and things in the heavy vehicle; and\nuse the force that is reasonably necessary to—\ngain access to the heavy vehicle, its engine or other mechanical components to enable it to be moved; or\nenable the heavy vehicle to be towed.\nThe authorised officer must exercise reasonable diligence to ensure the driver or operator is notified that the vehicle has been moved and the place to which it has been moved.\nThe notification may be given orally or in any other way, including, for example, by radio, telephone, fax or email.\nsch s 518 amd 2016 No. 65 s 85\n(sec.518-ssec.1) This section applies if an authorised officer— reasonably believes a heavy vehicle on a road is unattended; and intends to exercise a power under this Law in relation to the heavy vehicle; and reasonably believes it is necessary to move the heavy vehicle to enable the exercise of the power.\n(sec.518-ssec.2) To the extent reasonably necessary to enable the exercise of the power, the authorised officer— may move the heavy vehicle; or authorise someone else (the assistant ) to move the heavy vehicle. by driving, pushing or towing the heavy vehicle\n(sec.518-ssec.3) The authorised officer or assistant may enter the heavy vehicle to enable the authorised officer or assistant to move it.\n(sec.518-ssec.4) Despite subsection (2) , the authorised officer— may only drive the heavy vehicle if the officer is qualified and fit to drive it; and may only authorise the assistant to drive the heavy vehicle if the assistant is qualified and fit to drive it.\n(sec.518-ssec.5) It is immaterial that— the assistant is not the operator of the heavy vehicle; or the authorised officer or assistant is not authorised by the operator to drive the heavy vehicle.\n(sec.518-ssec.6) The authorised officer or assistant may— open unlocked doors and other unlocked panels and things in the heavy vehicle; and use the force that is reasonably necessary to— gain access to the heavy vehicle, its engine or other mechanical components to enable it to be moved; or enable the heavy vehicle to be towed.\n(sec.518-ssec.7) The authorised officer must exercise reasonable diligence to ensure the driver or operator is notified that the vehicle has been moved and the place to which it has been moved.\n(sec.518-ssec.8) The notification may be given orally or in any other way, including, for example, by radio, telephone, fax or email.\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 heavy vehicle; and\n- (c) reasonably believes it is necessary to move the heavy vehicle to enable the exercise of the power.\n- (a) may move the heavy vehicle; or\n- (b) authorise someone else (the assistant ) to move the heavy vehicle.\n- (a) may only drive the heavy vehicle if the officer is qualified and fit to drive it; and\n- (b) may only authorise the assistant to drive the heavy vehicle if the assistant is qualified and fit to drive it.\n- (a) the assistant is not the operator of the heavy vehicle; or\n- (b) the authorised officer or assistant is not authorised by the operator to drive the heavy vehicle.\n- (a) open unlocked doors and other unlocked panels and things in the heavy vehicle; and\n- (b) use the force that is reasonably necessary to— (i) gain access to the heavy vehicle, its engine or other mechanical components to enable it to be moved; or (ii) enable the heavy vehicle to be towed.\n- (i) gain access to the heavy vehicle, its engine or other mechanical components to enable it to be moved; or\n- (ii) enable the heavy vehicle to be towed.\n- (i) gain access to the heavy vehicle, its engine or other mechanical components to enable it to be moved; or\n- (ii) enable the heavy vehicle to be towed.","sortOrder":770},{"sectionNumber":"sec.519","sectionType":"section","heading":"Moving unattended heavy vehicle on road if causing harm etc.","content":"### sec.519 Moving unattended heavy vehicle on road if causing harm etc.\n\nThis section applies if an authorised officer reasonably believes—\na heavy vehicle on a road is unattended; and\nthe heavy vehicle is—\ncausing, or creating an imminent risk of, serious harm to public safety, the environment or road infrastructure; or\nobstructing traffic or likely to obstruct traffic.\nThe authorised officer may move or authorise someone else (the assistant ) to move the heavy vehicle or, if it is a combination, any component vehicle of the combination, to the extent it is reasonably necessary to avoid the harm or obstruction.\nby driving, pushing or towing the vehicle\nThe authorised officer or assistant may—\nenter the heavy vehicle to enable the authorised officer or assistant to move it; and\nfor a combination—separate any or all of the component vehicles of the combination for the purpose of moving 1 or more of them.\nThe authorised officer or assistant may drive the heavy vehicle even if the officer or assistant is not qualified to drive it if the authorised officer reasonably believes there is no-one else in or near the vehicle who is more capable of driving it and fit and willing to drive it.\nIt is immaterial that—\nthe assistant is not the operator of the heavy vehicle; or\nthe authorised officer or assistant is not authorised by the operator to drive the heavy vehicle.\nIn driving the heavy vehicle under subsection (4) , the authorised officer or assistant is exempt from a provision of an Australian road law to the extent the provision would require the authorised officer or assistant to be qualified to drive the vehicle.\nThe authorised officer or assistant may use the force that is reasonably necessary to do anything that is reasonably necessary to avoid the harm or obstruction.\n(sec.519-ssec.1) This section applies if an authorised officer reasonably believes— a heavy vehicle on a road is unattended; and the heavy vehicle is— causing, or creating an imminent risk of, serious harm to public safety, the environment or road infrastructure; or obstructing traffic or likely to obstruct traffic.\n(sec.519-ssec.2) The authorised officer may move or authorise someone else (the assistant ) to move the heavy vehicle or, if it is a combination, any component vehicle of the combination, to the extent it is reasonably necessary to avoid the harm or obstruction. by driving, pushing or towing the vehicle\n(sec.519-ssec.3) The authorised officer or assistant may— enter the heavy vehicle to enable the authorised officer or assistant to move it; and for a combination—separate any or all of the component vehicles of the combination for the purpose of moving 1 or more of them.\n(sec.519-ssec.4) The authorised officer or assistant may drive the heavy vehicle even if the officer or assistant is not qualified to drive it if the authorised officer reasonably believes there is no-one else in or near the vehicle who is more capable of driving it and fit and willing to drive it.\n(sec.519-ssec.5) It is immaterial that— the assistant is not the operator of the heavy vehicle; or the authorised officer or assistant is not authorised by the operator to drive the heavy vehicle.\n(sec.519-ssec.6) In driving the heavy vehicle under subsection (4) , the authorised officer or assistant is exempt from a provision of an Australian road law to the extent the provision would require the authorised officer or assistant to be qualified to drive the vehicle.\n(sec.519-ssec.7) The authorised officer or assistant may use the force that is reasonably necessary to do anything that is reasonably necessary to avoid the harm or obstruction.\n- (a) a heavy vehicle on a road is unattended; and\n- (b) the heavy vehicle is— (i) causing, or creating an imminent risk of, serious harm to public safety, the environment or road infrastructure; or (ii) obstructing traffic or likely to obstruct traffic.\n- (i) causing, or creating an imminent risk of, serious harm to public safety, the environment or road infrastructure; or\n- (ii) obstructing traffic or likely to obstruct traffic.\n- (i) causing, or creating an imminent risk of, serious harm to public safety, the environment or road infrastructure; or\n- (ii) obstructing traffic or likely to obstruct traffic.\n- (a) enter the heavy vehicle to enable the authorised officer or assistant to move it; and\n- (b) for a combination—separate any or all of the component vehicles of the combination for the purpose of moving 1 or more of them.\n- (a) the assistant is not the operator of the heavy vehicle; or\n- (b) the authorised officer or assistant is not authorised by the operator to drive the heavy vehicle.","sortOrder":771},{"sectionNumber":"sch-inc-ch.9-pt.9.3-div.4","sectionType":"division","heading":"Inspecting and searching heavy vehicles","content":"## Inspecting and searching heavy vehicles","sortOrder":772},{"sectionNumber":"sec.520","sectionType":"section","heading":"Power to enter and inspect heavy vehicles for monitoring purposes","content":"### sec.520 Power to enter and inspect heavy vehicles for monitoring purposes\n\nAn authorised officer may enter and inspect a heavy vehicle for monitoring purposes.\nWithout limiting subsection (1) , the authorised officer may—\ninspect, examine or film any part of the heavy vehicle or any part of its equipment or load; and\nwithout limiting paragraph (a) , look for, check the details of, or film a registration item, label or other thing required to be displayed on the heavy vehicle under an Australian road law; and\ninspect a relevant document in the heavy vehicle; and\ncopy, or take an extract from, a relevant document in the heavy vehicle; and\nproduce an image or writing in or near the vehicle from an electronic relevant document in the vehicle or, if it is not practicable to produce the image or writing in or near the vehicle, take a thing containing the electronic relevant document somewhere else to produce the image or writing; and\ntake an extract of relevant information from a device or other thing found in the heavy vehicle, including, for example—\nby taking a copy of, or an extract from, a readout or other data obtained from the device or other thing; or\nby accessing and downloading relevant information from the device or other thing.\nan intelligent transport system\nThe authorised officer may take a necessary step to allow the exercise of a power under subsection (1) or (2) , including, for example—\nopen an unlocked door or an unlocked panel or thing on the heavy vehicle; and\nmove but not take away anything that is not locked up or sealed.\nHowever, this section does not authorise an authorised officer to use force for exercising a power under this section.\nIf the authorised officer takes from the heavy vehicle a thing containing an electronic relevant document to produce an image or writing from the document, the image or writing must be produced, and the thing must be returned to the vehicle, as soon as practicable.\nIn this section—\nelectronic relevant document means a relevant document that is an electronic document.\nrelevant document means a document relating to a heavy vehicle and required to be kept under this Law or a heavy vehicle accreditation, including, for example, a document required to be kept in the possession of the driver of a heavy vehicle.\nrelevant information means information relating to a heavy vehicle required to be kept under this Law or a heavy vehicle accreditation.\nsch s 520 sub 2013 No. 4 s 12\namd 2018 No. 10 s 24\n(sec.520-ssec.1) An authorised officer may enter and inspect a heavy vehicle for monitoring purposes.\n(sec.520-ssec.2) Without limiting subsection (1) , the authorised officer may— inspect, examine or film any part of the heavy vehicle or any part of its equipment or load; and without limiting paragraph (a) , look for, check the details of, or film a registration item, label or other thing required to be displayed on the heavy vehicle under an Australian road law; and inspect a relevant document in the heavy vehicle; and copy, or take an extract from, a relevant document in the heavy vehicle; and produce an image or writing in or near the vehicle from an electronic relevant document in the vehicle or, if it is not practicable to produce the image or writing in or near the vehicle, take a thing containing the electronic relevant document somewhere else to produce the image or writing; and take an extract of relevant information from a device or other thing found in the heavy vehicle, including, for example— by taking a copy of, or an extract from, a readout or other data obtained from the device or other thing; or by accessing and downloading relevant information from the device or other thing. an intelligent transport system\n(sec.520-ssec.3) The authorised officer may take a necessary step to allow the exercise of a power under subsection (1) or (2) , including, for example— open an unlocked door or an unlocked panel or thing on the heavy vehicle; and move but not take away anything that is not locked up or sealed.\n(sec.520-ssec.4) However, this section does not authorise an authorised officer to use force for exercising a power under this section.\n(sec.520-ssec.5) If the authorised officer takes from the heavy vehicle a thing containing an electronic relevant document to produce an image or writing from the document, the image or writing must be produced, and the thing must be returned to the vehicle, as soon as practicable.\n(sec.520-ssec.6) In this section— electronic relevant document means a relevant document that is an electronic document. relevant document means a document relating to a heavy vehicle and required to be kept under this Law or a heavy vehicle accreditation, including, for example, a document required to be kept in the possession of the driver of a heavy vehicle. relevant information means information relating to a heavy vehicle required to be kept under this Law or a heavy vehicle accreditation.\n- (a) inspect, examine or film any part of the heavy vehicle or any part of its equipment or load; and\n- (b) without limiting paragraph (a) , look for, check the details of, or film a registration item, label or other thing required to be displayed on the heavy vehicle under an Australian road law; and\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 vehicle; and\n- (e) produce an image or writing in or near the vehicle from an electronic relevant document in the vehicle or, if it is not practicable to produce the image or writing in or near the vehicle, take a thing containing the electronic relevant document somewhere else to produce the image or writing; and\n- (f) take an extract of relevant information from a device or other thing found in the heavy vehicle, including, for example— (i) by taking a copy of, or an extract from, a readout or other data obtained from the device or other thing; or (ii) by accessing and downloading relevant information from the device or other thing. Example of device or other thing— an intelligent transport system\n- (i) by taking a copy of, or an extract from, a readout or other data obtained from the device or other thing; or\n- (ii) by accessing and downloading relevant information from the device or other thing.\n- (i) by taking a copy of, or an extract from, a readout or other data obtained from the device or other thing; or\n- (ii) by accessing and downloading relevant information from the device or other thing.\n- (a) open an unlocked door or an unlocked panel or thing on the heavy vehicle; and\n- (b) move but not take away anything that is not locked up or sealed.","sortOrder":773},{"sectionNumber":"sec.521","sectionType":"section","heading":"Power to enter and search heavy vehicle involved, or suspected to be involved, in an offence etc.","content":"### sec.521 Power to enter and search heavy vehicle involved, or suspected to be involved, in an offence etc.\n\nAn authorised officer may, using necessary and reasonable help and force, enter and search a heavy vehicle for investigation purposes if the officer reasonably believes—\nthe vehicle is being, or has been, used to commit an offence against this Law; or\nthe vehicle, or a thing in the vehicle, may provide evidence of an offence against this Law that is being, or has been, committed; or\nthe vehicle has been or may have been involved in an incident involving the death of, or injury to, a person or damage to property.\nThe authorised officer may form the necessary belief—\nduring or after an inspection of the heavy vehicle under Part 9.2 or section 520 ; or\nindependently of an inspection of the heavy vehicle under Part 9.2 or section 520 .\nWithout limiting subsection (1) , the authorised officer may—\nsearch any part of the heavy vehicle or any part of its equipment or load for evidence of an offence against this Law; and\ninspect, examine or film any part of the heavy vehicle or any part of its equipment or load; and\nwithout limiting paragraph (b) , look for, check the details of, or film a registration item, label or other thing required to be displayed on the heavy vehicle under an Australian road law; and\nsearch for and inspect a document, device or other thing in the heavy vehicle; and\ntake an extract from a document, device or other thing in the heavy vehicle, including, for example—\nby taking a copy of, or an extract from, a readout or other data obtained from a device or other thing in the vehicle; or\nby accessing and downloading information from a device or other thing in the vehicle; and\nan intelligent transport system\ncopy a document in the heavy vehicle, or take a document in the heavy vehicle somewhere else to copy it; and\na document required to be kept in the vehicle under this Law or a heavy vehicle accreditation\ntransport documentation\njourney documentation\na document the authorised officer reasonably believes provides, or may provide on further inspection, evidence of an offence against this Law\nproduce an image or writing in or near the vehicle from an electronic document in the vehicle or, if it is not practicable to produce the image or writing in or near the vehicle, take a thing containing the electronic document somewhere else to produce the image or writing; and\ntake the persons, equipment or materials the officer reasonably requires into or onto the heavy vehicle.\nIf the authorised officer takes a document from the heavy vehicle to copy it, the document must be copied and returned to the vehicle as soon as practicable.\nIf the authorised officer takes from the heavy vehicle a thing containing an electronic document to produce an image or writing from the document, the image or writing must be produced, and the thing must be returned to the vehicle, as soon as practicable.\nThis section does not authorise an authorised officer to exercise a power under this section in relation to an incident that involves the death of, or injury to, a person unless the authorised officer is a police officer or is acting under the direction of a police officer.\nThe power to search under this section does not include a power to search a person.\nsch s 521 sub 2013 No. 4 s 12\namd 2018 No. 10 s 25 ; 2018 No. 18 s 19\n(sec.521-ssec.1) An authorised officer may, using necessary and reasonable help and force, enter and search a heavy vehicle for investigation purposes if the officer reasonably believes— the vehicle is being, or has been, used to commit an offence against this Law; or the vehicle, or a thing in the vehicle, may provide evidence of an offence against this Law that is being, or has been, committed; or the vehicle has been or may have been involved in an incident involving the death of, or injury to, a person or damage to property.\n(sec.521-ssec.2) The authorised officer may form the necessary belief— during or after an inspection of the heavy vehicle under Part 9.2 or section 520 ; or independently of an inspection of the heavy vehicle under Part 9.2 or section 520 .\n(sec.521-ssec.3) Without limiting subsection (1) , the authorised officer may— search any part of the heavy vehicle or any part of its equipment or load for evidence of an offence against this Law; and inspect, examine or film any part of the heavy vehicle or any part of its equipment or load; and without limiting paragraph (b) , look for, check the details of, or film a registration item, label or other thing required to be displayed on the heavy vehicle under an Australian road law; and search for and inspect a document, device or other thing in the heavy vehicle; and take an extract from a document, device or other thing in the heavy vehicle, including, for example— by taking a copy of, or an extract from, a readout or other data obtained from a device or other thing in the vehicle; or by accessing and downloading information from a device or other thing in the vehicle; and an intelligent transport system copy a document in the heavy vehicle, or take a document in the heavy vehicle somewhere else to copy it; and a document required to be kept in the vehicle under this Law or a heavy vehicle accreditation transport documentation journey documentation a document the authorised officer reasonably believes provides, or may provide on further inspection, evidence of an offence against this Law produce an image or writing in or near the vehicle from an electronic document in the vehicle or, if it is not practicable to produce the image or writing in or near the vehicle, take a thing containing the electronic document somewhere else to produce the image or writing; and take the persons, equipment or materials the officer reasonably requires into or onto the heavy vehicle.\n(sec.521-ssec.4) If the authorised officer takes a document from the heavy vehicle to copy it, the document must be copied and returned to the vehicle as soon as practicable.\n(sec.521-ssec.5) If the authorised officer takes from the heavy vehicle a thing containing an electronic document to produce an image or writing from the document, the image or writing must be produced, and the thing must be returned to the vehicle, as soon as practicable.\n(sec.521-ssec.6) This section does not authorise an authorised officer to exercise a power under this section in relation to an incident that involves the death of, or injury to, a person unless the authorised officer is a police officer or is acting under the direction of a police officer.\n(sec.521-ssec.7) The power to search under this section does not include a power to search a person.\n- (a) the vehicle is being, or has been, used to commit an offence against this Law; or\n- (b) the vehicle, or a thing in the vehicle, may provide evidence of an offence against this Law that is being, or has been, committed; or\n- (c) the vehicle has been or may have been involved in an incident involving the death of, or injury to, a person or damage to property.\n- (a) during or after an inspection of the heavy vehicle under Part 9.2 or section 520 ; or\n- (b) independently of an inspection of the heavy vehicle under Part 9.2 or section 520 .\n- (a) search any part of the heavy vehicle or any part of its equipment or load for evidence of an offence against this Law; and\n- (b) inspect, examine or film any part of the heavy vehicle or any part of its equipment or load; and\n- (c) without limiting paragraph (b) , look for, check the details of, or film a registration item, label or other thing required to be displayed on the heavy vehicle under an Australian road law; and\n- (d) search for and inspect a document, device or other thing in the heavy vehicle; and\n- (e) take an extract from a document, device or other thing in the heavy vehicle, including, for example— (i) by taking a copy of, or an extract from, a readout or other data obtained from a device or other thing in the vehicle; or (ii) by accessing and downloading information from a device or other thing in the vehicle; and Example of device or other thing— an intelligent transport system\n- (i) by taking a copy of, or an extract from, a readout or other data obtained from a device or other thing in the vehicle; or\n- (ii) by accessing and downloading information from a device or other thing in the vehicle; and\n- (f) copy a document in the heavy vehicle, or take a document in the heavy vehicle somewhere else to copy it; and Examples of documents for the purposes of paragraphs (e) and (f)— • a document required to be kept in the vehicle under this Law or a heavy vehicle accreditation • transport documentation • journey documentation • a document the authorised officer reasonably believes provides, or may provide on further inspection, evidence of an offence against this Law\n- • a document required to be kept in the vehicle under this Law or a heavy vehicle accreditation\n- • transport documentation\n- • journey documentation\n- • a document the authorised officer reasonably believes provides, or may provide on further inspection, evidence of an offence against this Law\n- (g) produce an image or writing in or near the vehicle from an electronic document in the vehicle or, if it is not practicable to produce the image or writing in or near the vehicle, take a thing containing the electronic document somewhere else to produce the image or writing; and\n- (h) take the persons, equipment or materials the officer reasonably requires into or onto the heavy vehicle.\n- (i) by taking a copy of, or an extract from, a readout or other data obtained from a device or other thing in the vehicle; or\n- (ii) by accessing and downloading information from a device or other thing in the vehicle; and\n- • a document required to be kept in the vehicle under this Law or a heavy vehicle accreditation\n- • transport documentation\n- • journey documentation\n- • a document the authorised officer reasonably believes provides, or may provide on further inspection, evidence of an offence against this Law","sortOrder":774},{"sectionNumber":"sec.522","sectionType":"section","heading":"Power to order presentation of heavy vehicles for inspection","content":"### sec.522 Power to order presentation of heavy vehicles for inspection\n\nAn authorised officer may, by notice under subsection (2) , require to be produced for inspection at a place and time stated in the notice, a heavy vehicle—\nthat the officer reasonably believes has within the preceding 60 days been used or will be used on a road if the officer reasonably believes that—\nthe driver of the vehicle has not complied with this Law in driving a heavy vehicle of that kind; or\nthe vehicle does not comply with this Law; or\nthe vehicle is a defective heavy vehicle as defined in section 525 ; or\nwithout limiting paragraph (a) , for the purpose of deciding if a vehicle defect notice for the vehicle can be cleared under section 530 .\nAn authorised officer may, by notice under subsection (2) , require to be produced for inspection at a place and time stated in the notice, vehicles in a category of heavy vehicles that the officer reasonably believes have within the preceding 60 days been used or will be used on a road if the officer reasonably believes that—\nthe vehicles in that category do not comply with this Law; or\nthe vehicles in that category are defective heavy vehicles as defined in section 525 .\nA notice must be served on—\nthe person in charge of the heavy vehicle or category of heavy vehicles; or\nthe registered operator or, if the heavy vehicle or category of heavy vehicles is not registered, an owner.\nIf a notice has been served on a person under this section—\nthe person may, not later than 24 hours before the time stated in the notice, request an authorised officer to change the place or time of inspection or both; and\nsubject to paragraph (c) , the authorised officer must—\nconsider the request; and\nvary the notice by changing the place or time; and\nnotify the person of the change; and\nthe authorised officer may refuse the request if the officer considers—\nthere may be a safety risk in acceding to the request; or\nthe request is made for an improper reason; or\nit is otherwise not reasonable to vary the notice.\nAn inspection may include any tests an authorised officer decides to be appropriate.\nA person must not fail to produce a heavy vehicle for inspection—\nsubject to paragraph (b) , at the place and time stated in the notice served on the person; or\nif the notice has been varied under this section, at the place and time stated in the notice as varied.\nMaximum penalty—$6000.\nAn authorised officer may act under subsection (1A) only if—\nfor an authorised officer who is a police officer—the officer has the relevant police commissioner’s written authority to act under subsection (1A) ; or\nfor an authorised officer who is not a police officer—the officer’s instrument of appointment provides that the authorised officer may act under subsection (1A) .\nsch s 522 sub 2013 No. 4 s 12\namd 2018 No. 10 s 26 ; 2018 No. 18 s 20\namd 2025 No. 26 s 118 (uncommenced amendment)\n(sec.522-ssec.1) An authorised officer may, by notice under subsection (2) , require to be produced for inspection at a place and time stated in the notice, a heavy vehicle— that the officer reasonably believes has within the preceding 60 days been used or will be used on a road if the officer reasonably believes that— the driver of the vehicle has not complied with this Law in driving a heavy vehicle of that kind; or the vehicle does not comply with this Law; or the vehicle is a defective heavy vehicle as defined in section 525 ; or without limiting paragraph (a) , for the purpose of deciding if a vehicle defect notice for the vehicle can be cleared under section 530 .\n(sec.522-ssec.1A) An authorised officer may, by notice under subsection (2) , require to be produced for inspection at a place and time stated in the notice, vehicles in a category of heavy vehicles that the officer reasonably believes have within the preceding 60 days been used or will be used on a road if the officer reasonably believes that— the vehicles in that category do not comply with this Law; or the vehicles in that category are defective heavy vehicles as defined in section 525 .\n(sec.522-ssec.2) A notice must be served on— the person in charge of the heavy vehicle or category of heavy vehicles; or the registered operator or, if the heavy vehicle or category of heavy vehicles is not registered, an owner.\n(sec.522-ssec.3) If a notice has been served on a person under this section— the person may, not later than 24 hours before the time stated in the notice, request an authorised officer to change the place or time of inspection or both; and subject to paragraph (c) , the authorised officer must— consider the request; and vary the notice by changing the place or time; and notify the person of the change; and the authorised officer may refuse the request if the officer considers— there may be a safety risk in acceding to the request; or the request is made for an improper reason; or it is otherwise not reasonable to vary the notice.\n(sec.522-ssec.4) An inspection may include any tests an authorised officer decides to be appropriate.\n(sec.522-ssec.5) A person must not fail to produce a heavy vehicle for inspection— subject to paragraph (b) , at the place and time stated in the notice served on the person; or if the notice has been varied under this section, at the place and time stated in the notice as varied. Maximum penalty—$6000.\n(sec.522-ssec.6) An authorised officer may act under subsection (1A) only if— for an authorised officer who is a police officer—the officer has the relevant police commissioner’s written authority to act under subsection (1A) ; or for an authorised officer who is not a police officer—the officer’s instrument of appointment provides that the authorised officer may act under subsection (1A) .\n- (a) that the officer reasonably believes has within the preceding 60 days been used or will be used on a road if the officer reasonably believes that— (i) the driver of the vehicle has not complied with this Law in driving a heavy vehicle of that kind; or (ii) the vehicle does not comply with this Law; or (iii) the vehicle is a defective heavy vehicle as defined in section 525 ; or\n- (i) the driver of the vehicle has not complied with this Law in driving 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 section 525 ; or\n- (b) without limiting paragraph (a) , for the purpose of deciding if a vehicle defect notice for the vehicle can be cleared under section 530 .\n- (i) the driver of the vehicle has not complied with this Law in driving 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 section 525 ; or\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 defined in section 525 .\n- (a) the person in charge of the heavy vehicle or category of heavy vehicles; or\n- (b) the registered operator or, if the heavy vehicle or category of heavy vehicles is not registered, an owner.\n- (a) the person may, not later than 24 hours before the time stated in the notice, request an authorised officer to change the place or time of inspection or both; and\n- (b) subject to paragraph (c) , the authorised officer must— (i) consider the request; and (ii) vary the notice by changing the place or time; and (iii) notify the person of the change; and\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 considers— (i) there may be a safety risk in acceding to the request; or (ii) the request is made for an improper reason; or (iii) it is otherwise not reasonable to vary the notice.\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- (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- (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- (a) subject to paragraph (b) , at the place and time stated in the notice served on the person; or\n- (b) if the notice has been varied under this section, at the place and time stated in the notice as varied.\n- (a) for an authorised officer who is a police officer—the officer has the relevant police commissioner’s written authority to act under subsection (1A) ; or\n- (b) for an authorised officer who is not a police officer—the officer’s instrument of appointment provides that the authorised officer may act under subsection (1A) .","sortOrder":775},{"sectionNumber":"sch-inc-ch.9-pt.9.3-div.5","sectionType":"division","heading":"Other powers in relation to all heavy vehicles","content":"## Other powers in relation to all heavy vehicles","sortOrder":776},{"sectionNumber":"sec.523","sectionType":"section","heading":"Starting or stopping heavy vehicle engine","content":"### sec.523 Starting or stopping heavy vehicle engine\n\nTo enable an authorised officer to effectively exercise a power under this Law in relation to a heavy vehicle, the officer may enter the vehicle and start or stop its engine ( take the prescribed action ) or authorise someone else (the assistant ) to enter the vehicle and take the prescribed action if—\na person fails to comply with a requirement made by an authorised officer under section 577 to take the prescribed action; or\nno responsible person for the heavy vehicle is available or willing to take the prescribed action; or\nthe authorised officer reasonably believes there is no-one else in or near the vehicle who is more capable of taking the prescribed action and is fit and willing to do so.\nThe authorised officer or assistant may use the force that is reasonably necessary to enter the heavy vehicle and take the prescribed action.\nSubsection (2) does not authorise the authorised officer or assistant to use force against a person.\nIt is immaterial that—\nthe assistant is not the operator of the heavy vehicle; or\nthe authorised officer or assistant is not—\nauthorised by the operator to take the prescribed action; or\nqualified to take the prescribed action.\nThis section does not authorise the authorised officer or assistant to drive the heavy vehicle.\nIn taking the prescribed action, the authorised officer or assistant is exempt from a provision of an Australian road law to the extent the provision would require the authorised officer or assistant to be qualified to take the prescribed action.\nIn this section—\nstart , in relation to a heavy vehicle’s engine, includes run the engine.\n(sec.523-ssec.1) To enable an authorised officer to effectively exercise a power under this Law in relation to a heavy vehicle, the officer may enter the vehicle and start or stop its engine ( take the prescribed action ) or authorise someone else (the assistant ) to enter the vehicle and take the prescribed action if— a person fails to comply with a requirement made by an authorised officer under section 577 to take the prescribed action; or no responsible person for the heavy vehicle is available or willing to take the prescribed action; or the authorised officer reasonably believes there is no-one else in or near the vehicle who is more capable of taking the prescribed action and is fit and willing to do so.\n(sec.523-ssec.2) The authorised officer or assistant may use the force that is reasonably necessary to enter the heavy vehicle and take the prescribed action.\n(sec.523-ssec.3) Subsection (2) does not authorise the authorised officer or assistant to use force against a person.\n(sec.523-ssec.4) It is immaterial that— the assistant is not the operator of the heavy vehicle; or the authorised officer or assistant is not— authorised by the operator to take the prescribed action; or qualified to take the prescribed action.\n(sec.523-ssec.5) This section does not authorise the authorised officer or assistant to drive the heavy vehicle.\n(sec.523-ssec.6) In taking the prescribed action, the authorised officer or assistant is exempt from a provision of an Australian road law to the extent the provision would require the authorised officer or assistant to be qualified to take the prescribed action.\n(sec.523-ssec.7) In this section— start , in relation to a heavy vehicle’s engine, includes run the engine.\n- (a) a person fails to comply with a requirement made by an authorised officer under section 577 to take the prescribed action; or\n- (b) no responsible person for the heavy vehicle is available or willing to take the prescribed action; or\n- (c) the authorised officer reasonably believes there is no-one else in or near the vehicle who is more capable of taking the prescribed action and is fit and willing to do so.\n- (a) the assistant is not the operator of the heavy vehicle; or\n- (b) the authorised officer or assistant is not— (i) authorised by the operator to take the prescribed action; or (ii) qualified to take the prescribed action.\n- (i) authorised by the operator to take the prescribed action; or\n- (ii) qualified to take the prescribed action.\n- (i) authorised by the operator to take the prescribed action; or\n- (ii) qualified to take the prescribed action.","sortOrder":777},{"sectionNumber":"sec.524","sectionType":"section","heading":"Direction to leave heavy vehicle","content":"### sec.524 Direction to leave heavy vehicle\n\nThis section applies if—\nthe driver of a heavy vehicle fails to comply with a direction given by an authorised officer under this Chapter; or\nan authorised officer reasonably believes the driver of a heavy vehicle is not qualified, fit or authorised by the operator to drive the vehicle in order to comply with a direction the authorised officer may give under this Chapter; or\nan authorised officer reasonably believes it would be unsafe to inspect or search a heavy vehicle or any part of it or any part of its equipment or load while the driver occupies the driver’s seat or is in the vehicle or another person accompanying the driver is in the vehicle.\nThe authorised officer may direct the driver to do 1 or more of the following—\nto vacate the driver’s seat;\nto leave the heavy vehicle;\nnot to occupy the driver’s seat until permitted by an authorised officer;\nnot to enter the heavy vehicle until permitted by an authorised officer.\nThe authorised officer may direct any other person accompanying the driver of the heavy vehicle to do either or both of the following—\nto leave the vehicle;\nnot to enter the vehicle until permitted by an authorised officer.\nA direction under subsection (2) or (3) may be made orally or in any other way, including, for example, by way of a sign or electronic or other signal.\nA person given a direction under subsection (2) or (3) must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty—$6000.\nsch s 524 amd 2025 No. 26 s 119 (uncommenced amendment)\n(sec.524-ssec.1) This section applies if— the driver of a heavy vehicle fails to comply with a direction given by an authorised officer under this Chapter; or an authorised officer reasonably believes the driver of a heavy vehicle is not qualified, fit or authorised by the operator to drive the vehicle in order to comply with a direction the authorised officer may give under this Chapter; or an authorised officer reasonably believes it would be unsafe to inspect or search a heavy vehicle or any part of it or any part of its equipment or load while the driver occupies the driver’s seat or is in the vehicle or another person accompanying the driver is in the vehicle.\n(sec.524-ssec.2) The authorised officer may direct the driver to do 1 or more of the following— to vacate the driver’s seat; to leave the heavy vehicle; not to occupy the driver’s seat until permitted by an authorised officer; not to enter the heavy vehicle until permitted by an authorised officer.\n(sec.524-ssec.3) The authorised officer may direct any other person accompanying the driver of the heavy vehicle to do either or both of the following— to leave the vehicle; not to enter the vehicle until permitted by an authorised officer.\n(sec.524-ssec.4) A direction under subsection (2) or (3) may be made orally or in any other way, including, for example, by way of a sign or electronic or other signal.\n(sec.524-ssec.5) A person given a direction under subsection (2) or (3) must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—$6000.\n- (a) the driver of a heavy vehicle fails to comply with a direction given by an authorised officer under this Chapter; or\n- (b) an authorised officer reasonably believes the driver of a heavy vehicle is not qualified, fit or authorised by the operator to drive the vehicle in order to comply with a direction the authorised officer may give under this Chapter; or\n- (c) an authorised officer reasonably believes it would be unsafe to inspect or search a heavy vehicle or any part of it or any part of its equipment or load while the driver occupies the driver’s seat or is in the vehicle or another person accompanying the driver is in the vehicle.\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 officer;\n- (d) not to enter the heavy vehicle until permitted by an authorised officer.\n- (a) to leave the vehicle;\n- (b) not to enter the vehicle until permitted by an authorised officer.","sortOrder":778},{"sectionNumber":"sch-inc-ch.9-pt.9.3-div.6","sectionType":"division","heading":"Further powers in relation to heavy vehicles concerning heavy vehicle standards","content":"## Further powers in relation to heavy vehicles concerning heavy vehicle standards","sortOrder":779},{"sectionNumber":"sec.525","sectionType":"section","heading":"Definitions for Div 6","content":"### sec.525 Definitions for Div 6\n\nIn this Division—\ndefective heavy vehicle means a heavy vehicle that—\ncontravenes the heavy vehicle standards; or\nhas a part that—\ndoes not perform its intended function; or\nhas deteriorated to an extent that it can not be reasonably relied on to perform its intended function.\ndefective vehicle label means a label—\nfor attaching to a heavy vehicle to which a major defect notice or minor defect notice applies; and\nstating—\nthe vehicle’s registration number or, if the vehicle is not registered, a vehicle identifier of the vehicle; and\nthat the vehicle must not be used on a road except as specified in the notice; and\nthe identification details for the authorised officer who issued the notice; and\nthe day and time the notice was issued; and\nthe number of the notice.\nsch s 525 def defective vehicle label amd 2015 No. 12 s 50 (1) ; 2019 No. 29 s 23\nidentification details , for an authorised officer, means details to identify the authorised officer, including, for example—\nthe officer’s name; or\nan identification number allocated to the officer under this Law or another law.\nregistration authority ...\nsch s 525 def registration authority ins 2015 No. 12 s 50 (2)\nom 2018 No. 10 s 27\nvehicle identifier means—\na VIN; or\nengine number; or\nchassis number; or\nanother identifying number issued by a registration authority.\nan unregistered vehicle permit number\nsch s 525 def vehicle identifier ins 2015 No. 12 s 50 (2)\n- (a) contravenes the heavy vehicle standards; or\n- (b) has a part that— (i) does not perform its intended function; or (ii) has deteriorated to an extent that it can not be reasonably relied on to perform its intended function.\n- (i) does not perform its intended function; or\n- (ii) has deteriorated to an extent that it can not be reasonably relied on to perform its intended function.\n- (i) does not perform its intended function; or\n- (ii) has deteriorated to an extent that it can not be reasonably relied on to perform its intended function.\n- (a) for attaching to a heavy vehicle to which a major defect notice or minor defect notice applies; and\n- (b) stating— (i) the vehicle’s registration number or, if the vehicle is not registered, a vehicle identifier of the vehicle; and (ii) that the vehicle must not be used on a road except as specified in the notice; and (iii) the identification details for the authorised officer who issued the notice; and (iv) the day and time the notice was issued; and (v) the number of the notice.\n- (i) the vehicle’s registration number or, if the vehicle is not registered, a vehicle identifier of the vehicle; and\n- (ii) that the vehicle must not be used on a road except as specified in the notice; and\n- (iii) the identification details for the authorised officer who issued the notice; and\n- (iv) the day and time the notice was issued; and\n- (v) the number of the notice.\n- (i) the vehicle’s registration number or, if the vehicle is not registered, a vehicle identifier of the vehicle; and\n- (ii) that the vehicle must not be used on a road except as specified in the notice; and\n- (iii) the identification details for the authorised officer who issued the notice; and\n- (iv) the day and time the notice was issued; and\n- (v) the number of the notice.\n- (a) the officer’s name; or\n- (b) an identification number allocated to the officer under this Law or another law.\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. Example— an unregistered vehicle permit number","sortOrder":780},{"sectionNumber":"sec.526","sectionType":"section","heading":"Issue of vehicle defect notice","content":"### sec.526 Issue of vehicle defect notice\n\nThis section applies if an authorised officer who has inspected a heavy vehicle under this Law reasonably believes—\nthe vehicle is a defective heavy vehicle; or\na number plate of the vehicle is wholly or partly obscured, defaced or otherwise not legible.\nThe authorised officer may issue the following vehicle defect notice in relation to the heavy vehicle, in the way mentioned in subsection (3) —\nif the officer reasonably believes the vehicle is a defective heavy vehicle and use of the vehicle on a road poses an imminent and serious safety risk—a major defect notice;\nif the officer reasonably believes the vehicle is a defective heavy vehicle and use of the vehicle on a road poses a safety risk other than an imminent and serious safety risk—a minor defect notice;\nif the officer reasonably believes that use of the vehicle on a road does not pose a safety risk or subsection (1) (b) applies—a self-clearing defect notice.\nThe authorised officer may issue the vehicle defect notice by—\nif the driver of the heavy vehicle is present—giving the notice to the driver; or\nif the driver of the heavy vehicle is not present—attaching the notice to the vehicle.\nIf the driver of a heavy vehicle for which a vehicle defect notice is issued under this section is not the operator of the vehicle, the driver must give the notice to the operator as soon as practicable, but not more than 14 days, after the notice is issued.\nMaximum penalty—$3000.\nsch s 526 amd 2015 No. 12 s 51 ; 2019 No. 29 s 24\n(sec.526-ssec.1) This section applies if an authorised officer who has inspected a heavy vehicle under this Law reasonably believes— the vehicle is a defective heavy vehicle; or a number plate of the vehicle is wholly or partly obscured, defaced or otherwise not legible.\n(sec.526-ssec.2) The authorised officer may issue the following vehicle defect notice in relation to the heavy vehicle, in the way mentioned in subsection (3) — if the officer reasonably believes the vehicle is a defective heavy vehicle and use of the vehicle on a road poses an imminent and serious safety risk—a major defect notice; if the officer reasonably believes the vehicle is a defective heavy vehicle and use of the vehicle on a road poses a safety risk other than an imminent and serious safety risk—a minor defect notice; if the officer reasonably believes that use of the vehicle on a road does not pose a safety risk or subsection (1) (b) applies—a self-clearing defect notice.\n(sec.526-ssec.3) The authorised officer may issue the vehicle defect notice by— if the driver of the heavy vehicle is present—giving the notice to the driver; or if the driver of the heavy vehicle is not present—attaching the notice to the vehicle.\n(sec.526-ssec.4) If the driver of a heavy vehicle for which a vehicle defect notice is issued under this section is not the operator of the vehicle, the driver must give the notice to the operator as soon as practicable, but not more than 14 days, after the notice is issued. Maximum penalty—$3000.\n- (a) the vehicle is a defective heavy vehicle; or\n- (b) a number plate of the vehicle is wholly or partly obscured, defaced or otherwise not legible.\n- (a) if the officer reasonably believes the vehicle is a defective heavy vehicle and use of the vehicle on a road poses an imminent and serious safety risk—a major defect notice;\n- (b) if the officer reasonably believes the vehicle is a defective heavy vehicle and use of the vehicle on a road poses a safety risk other than 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 does not pose a safety risk or subsection (1) (b) applies—a self-clearing defect notice.\n- (a) if the driver of the heavy vehicle is present—giving the notice to the driver; or\n- (b) if the driver of the heavy vehicle is not present—attaching the notice to the vehicle.","sortOrder":781},{"sectionNumber":"sec.527","sectionType":"section","heading":"Requirements about vehicle defect notice","content":"### sec.527 Requirements about vehicle defect notice\n\nA vehicle defect notice for a heavy vehicle must be in the approved form and state the following—\nthat the notice is a major defect notice, minor defect notice or self-clearing defect notice;\nthat—\nthe vehicle is a defective heavy vehicle; or\na number plate of the vehicle is wholly or partly obscured, defaced or otherwise not legible;\nif the vehicle is a defective heavy vehicle—details of how the vehicle is a defective heavy vehicle;\nfor a major defect notice—that the vehicle must not be used on a road after the notice is issued other than to move it to one or more locations stated in the notice in one or more ways stated in the notice;\nfor a minor defect notice—\nthat corrective action must be taken by a stated time (the due time ); and\nthat, after the due time, the vehicle must not be used on a road unless corrective action has been taken;\nfor a self-clearing defect notice—\nthat corrective action must be taken by a stated day (the due day ) not more than 28 days after the notice is issued; and\nthat, after the due day, the vehicle must not be used on a road unless corrective action has been taken;\nthe name of the vehicle’s driver if known by the authorised officer issuing the notice when the notice is issued or, if the driver is not present or the driver’s name is not known by the authorised officer issuing the notice when the notice is issued, the term ‘registered operator’;\ndetails to identify the vehicle, including, for example—\nthe vehicle’s registration number, or if the vehicle is not registered, a vehicle identifier of the vehicle; or\nthe vehicle’s make and category;\nthe nature of the inspection that led to the notice being issued;\nwhether an infringement notice was also given when the notice was issued;\nthe identification details for the authorised officer who issued the notice;\nthe day and time the notice was issued;\nfor a major defect notice or minor defect notice—\nthat, if the notice is not cleared by the Regulator under section 530 , the vehicle’s registration may be suspended and subsequently cancelled by a registration authority under an Australian road law; and\nany conditions imposed under subsection (2) .\nThe authorised officer issuing a major defect notice or minor defect notice may impose any conditions on the use of the defective heavy vehicle the officer considers appropriate for use of the vehicle on a road.\nAny conditions imposed under subsection (2) are taken to form part of the vehicle defect notice concerned.\nIn this section—\ncorrective action , for a vehicle, means action that stops—\nthe vehicle from being a defective heavy vehicle; or\na number plate of the vehicle being wholly or partly obscured, defaced or otherwise not legible.\nsch s 527 amd 2015 No. 12 s 52 ; 2018 No. 10 s 28 ; 2019 No. 29 s 25\n(sec.527-ssec.1) A vehicle defect notice for a heavy vehicle must be in the approved form and state the following— that the notice is a major defect notice, minor defect notice or self-clearing defect notice; that— the vehicle is a defective heavy vehicle; or a number plate of the vehicle is wholly or partly obscured, defaced or otherwise not legible; if the vehicle is a defective heavy vehicle—details of how the vehicle is a defective heavy vehicle; for a major defect notice—that the vehicle must not be used on a road after the notice is issued other than to move it to one or more locations stated in the notice in one or more ways stated in the notice; for a minor defect notice— that corrective action must be taken by a stated time (the due time ); and that, after the due time, the vehicle must not be used on a road unless corrective action has been taken; for a self-clearing defect notice— that corrective action must be taken by a stated day (the due day ) not more than 28 days after the notice is issued; and that, after the due day, the vehicle must not be used on a road unless corrective action has been taken; the name of the vehicle’s driver if known by the authorised officer issuing the notice when the notice is issued or, if the driver is not present or the driver’s name is not known by the authorised officer issuing the notice when the notice is issued, the term ‘registered operator’; details to identify the vehicle, including, for example— the vehicle’s registration number, or if the vehicle is not registered, a vehicle identifier of the vehicle; or the vehicle’s make and category; the nature of the inspection that led to the notice being issued; whether an infringement notice was also given when the notice was issued; the identification details for the authorised officer who issued the notice; the day and time the notice was issued; for a major defect notice or minor defect notice— that, if the notice is not cleared by the Regulator under section 530 , the vehicle’s registration may be suspended and subsequently cancelled by a registration authority under an Australian road law; and any conditions imposed under subsection (2) .\n(sec.527-ssec.2) The authorised officer issuing a major defect notice or minor defect notice may impose any conditions on the use of the defective heavy vehicle the officer considers appropriate for use of the vehicle on a road.\n(sec.527-ssec.3) Any conditions imposed under subsection (2) are taken to form part of the vehicle defect notice concerned.\n(sec.527-ssec.4) In this section— corrective action , for a vehicle, means action that stops— the vehicle from being a defective heavy vehicle; or a number plate of the vehicle being wholly or partly obscured, defaced or otherwise not legible.\n- (a) that the notice is a major defect notice, minor defect notice or self-clearing defect notice;\n- (aa) that— (i) the vehicle is a defective heavy vehicle; or (ii) a number plate of the vehicle is wholly or partly obscured, defaced or otherwise not legible;\n- (i) the vehicle is a defective heavy vehicle; or\n- (ii) a number plate of the vehicle is wholly or partly obscured, defaced or otherwise not legible;\n- (ab) if the vehicle is a defective heavy vehicle—details of how the vehicle is a defective heavy vehicle;\n- (b) for a major defect notice—that the vehicle must not be used on a road after the notice is issued other than to move it to one or more locations stated in the notice in one or more ways stated in the notice;\n- (c) for a minor defect notice— (i) that corrective action must be taken by a stated time (the due time ); and (ii) that, after the due time, the vehicle must not be used on a road unless corrective action has been taken;\n- (i) that corrective action must be taken by a stated time (the due time ); and\n- (ii) that, after the due time, the vehicle must not be used on a road unless corrective action has been taken;\n- (ca) for a self-clearing defect notice— (i) that corrective action must be taken by a stated day (the due day ) not more than 28 days after the notice is issued; and (ii) that, after the due day, the vehicle must not be used on a road unless corrective action has been taken;\n- (i) that corrective action must be taken by a stated day (the due day ) not more than 28 days after the notice is issued; and\n- (ii) that, after the due day, the vehicle must not be used on a road unless corrective action has been taken;\n- (d) the name of the vehicle’s driver if known by the authorised officer issuing the notice when the notice is issued or, if the driver is not present or the driver’s name is not known by the authorised officer issuing the notice when the notice is issued, the term ‘registered operator’;\n- (e) details to identify the vehicle, including, for example— (i) the vehicle’s registration number, or if the vehicle is not registered, a vehicle identifier of the vehicle; or (ii) the vehicle’s make and category;\n- (i) the vehicle’s registration number, or if the vehicle is not registered, 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 was issued;\n- (h) the identification details for the authorised officer who issued the notice;\n- (i) the day and time the notice was issued;\n- (j) for a major defect notice or minor defect notice— (i) that, if the notice is not cleared by the Regulator under section 530 , the vehicle’s registration may be suspended and subsequently cancelled by a registration authority under an Australian road law; and (ii) any conditions imposed under subsection (2) .\n- (i) that, if the notice is not cleared by the Regulator under section 530 , the vehicle’s registration may be suspended and subsequently cancelled by a registration authority under an Australian road law; and\n- (ii) any conditions imposed under subsection (2) .\n- (i) the vehicle is a defective heavy vehicle; or\n- (ii) a number plate of the vehicle is wholly or partly obscured, defaced or otherwise not legible;\n- (i) that corrective action must be taken by a stated time (the due time ); and\n- (ii) that, after the due time, the vehicle must not be used on a road unless corrective action has been taken;\n- (i) that corrective action must be taken by a stated day (the due day ) not more than 28 days after the notice is issued; and\n- (ii) that, after the due day, the vehicle must not be used on a road unless corrective action has been taken;\n- (i) the vehicle’s registration number, or if the vehicle is not registered, a vehicle identifier of the vehicle; or\n- (ii) the vehicle’s make and category;\n- (i) that, if the notice is not cleared by the Regulator under section 530 , the vehicle’s registration may be suspended and subsequently cancelled by a registration authority under an Australian road law; and\n- (ii) any conditions imposed under subsection (2) .\n- (a) the vehicle from being a defective heavy vehicle; or\n- (b) a number plate of the vehicle being wholly or partly obscured, defaced or otherwise not legible.","sortOrder":782},{"sectionNumber":"sec.528","sectionType":"section","heading":"Defective vehicle labels","content":"### sec.528 Defective vehicle labels\n\nIf an authorised officer issues a major defect notice for a heavy vehicle, the authorised officer must attach a defective vehicle label to the vehicle.\nIf an authorised officer issues a minor defect notice for a heavy vehicle, the authorised officer may attach a defective vehicle label to the vehicle.\nA person must not remove or deface a defective vehicle label attached to a heavy vehicle under subsection (1) or (2) .\nMaximum penalty—$3000.\nSubsection (3) does not apply to a person removing a defective vehicle label under section 530 (2) or 531 (5) .\nsch s 528 amd 2015 No. 12 s 53\n(sec.528-ssec.1) If an authorised officer issues a major defect notice for a heavy vehicle, the authorised officer must attach a defective vehicle label to the vehicle.\n(sec.528-ssec.2) If an authorised officer issues a minor defect notice for a heavy vehicle, the authorised officer may attach a defective vehicle label to the vehicle.\n(sec.528-ssec.3) A person must not remove or deface a defective vehicle label attached to a heavy vehicle under subsection (1) or (2) . Maximum penalty—$3000.\n(sec.528-ssec.4) Subsection (3) does not apply to a person removing a defective vehicle label under section 530 (2) or 531 (5) .","sortOrder":783},{"sectionNumber":"sec.528A","sectionType":"section","heading":"Information not included in notice or label","content":"### sec.528A Information not included in notice or label\n\nThis section applies to information required to be included—\nin a defective vehicle label under section 525 , definition defective vehicle label paragraph (b) (i) ; or\nin a vehicle defect notice under section 527 (1) (e) .\nThe information need only be included if it is reasonably practicable and safe for the authorised officer to obtain the information.\nsch s 528A ins 2015 No. 12 s 54\n(sec.528A-ssec.1) This section applies to information required to be included— in a defective vehicle label under section 525 , definition defective vehicle label paragraph (b) (i) ; or in a vehicle defect notice under section 527 (1) (e) .\n(sec.528A-ssec.2) The information need only be included if it is reasonably practicable and safe for the authorised officer to obtain the information.\n- (a) in a defective vehicle label under section 525 , definition defective vehicle label paragraph (b) (i) ; or\n- (b) in a vehicle defect notice under section 527 (1) (e) .","sortOrder":784},{"sectionNumber":"sec.529","sectionType":"section","heading":"Using heavy vehicles contrary to vehicle defect notice","content":"### sec.529 Using heavy vehicles contrary to vehicle defect notice\n\nA person must not use, or permit to be used, on a road a heavy vehicle in contravention of a vehicle defect notice.\nMaximum penalty—\nfor a major defect notice or minor defect notice—$6000; or\nfor a self-clearing defect notice—$3000.\nsch s 529 amd 2015 No. 12 s 67 sch ; 2019 No. 29 s 26\n- (a) for a major defect notice or minor defect notice—$6000; or\n- (b) for a self-clearing defect notice—$3000.","sortOrder":785},{"sectionNumber":"sec.529AA","sectionType":"section","heading":"Permission to use vehicle the subject of a self-clearing defect notice","content":"### sec.529AA Permission to use vehicle the subject of a self-clearing defect notice\n\nAn authorised officer may, on request made by the operator of a heavy vehicle that is the subject of a self-clearing defect notice, give written permission for the vehicle to be used on a road during a period stated in the permission.\nThe permission is subject to the condition that the vehicle will be used only for the purpose of driving the vehicle to and from a place where repairs are to be carried out.\nThe use of the vehicle under the permission, in accordance with the condition, is not a contravention of the self-clearing defect notice.\nsch s 529AA ins 2019 No. 29 s 27\n(sec.529AA-ssec.1) An authorised officer may, on request made by the operator of a heavy vehicle that is the subject of a self-clearing defect notice, give written permission for the vehicle to be used on a road during a period stated in the permission.\n(sec.529AA-ssec.2) The permission is subject to the condition that the vehicle will be used only for the purpose of driving the vehicle to and from a place where repairs are to be carried out.\n(sec.529AA-ssec.3) The use of the vehicle under the permission, in accordance with the condition, is not a contravention of the self-clearing defect notice.","sortOrder":786},{"sectionNumber":"sec.529A","sectionType":"section","heading":"Permission to use vehicle the subject of a major or minor defect notice","content":"### sec.529A Permission to use vehicle the subject of a major or minor defect notice\n\nAn authorised officer may, on request made by the operator of a heavy vehicle that is the subject of a major defect notice or minor defect notice, give written permission for the vehicle to be used on a road during a period stated in the permission.\nThe authorised officer may give the permission only if—\nthe officer is satisfied—\nthe vehicle will be used only for the purpose of driving the vehicle to and from a place where repairs are to be carried out; and\nthe use of the vehicle will not pose an imminent and serious safety risk; and\nthe request is necessary and reasonable; or\nthe officer is satisfied—\nthe relevant repairs have been carried out and the vehicle will be taken within the stated period to be inspected for the purpose of enabling the vehicle defect notice to be cleared under section 530 ; and\nthe use of the vehicle will not pose a safety risk; and\nthe request is necessary and reasonable.\nFor the purpose of subsection (2) (a) (ii) or (b)(ii), an authorised officer may require evidence of adequate repairs or other measures.\nThe permission is subject to conditions that—\nthe use of the vehicle will be as mentioned in subsection (2) (a) (i) or (b)(i); and\nin relation to the use of the vehicle mentioned in subsection (2) (a) (i) —the vehicle will not be used to carry goods or passengers.\nThe authorised officer may also impose other reasonable conditions on the permission.\nThe use of the vehicle under the permission is not a contravention of the vehicle defect notice.\nThe use of a vehicle in contravention of a condition under subsection (4) or (5) is a contravention of the vehicle defect notice.\nsch s 529A ins 2015 No. 12 s 55\nsub 2019 No. 29 s 28\n(sec.529A-ssec.1) An authorised officer may, on request made by the operator of a heavy vehicle that is the subject of a major defect notice or minor defect notice, give written permission for the vehicle to be used on a road during a period stated in the permission.\n(sec.529A-ssec.2) The authorised officer may give the permission only if— the officer is satisfied— the vehicle will be used only for the purpose of driving the vehicle to and from a place where repairs are to be carried out; and the use of the vehicle will not pose an imminent and serious safety risk; and the request is necessary and reasonable; or the officer is satisfied— the relevant repairs have been carried out and the vehicle will be taken within the stated period to be inspected for the purpose of enabling the vehicle defect notice to be cleared under section 530 ; and the use of the vehicle will not pose a safety risk; and the request is necessary and reasonable.\n(sec.529A-ssec.3) For the purpose of subsection (2) (a) (ii) or (b)(ii), an authorised officer may require evidence of adequate repairs or other measures.\n(sec.529A-ssec.4) The permission is subject to conditions that— the use of the vehicle will be as mentioned in subsection (2) (a) (i) or (b)(i); and in relation to the use of the vehicle mentioned in subsection (2) (a) (i) —the vehicle will not be used to carry goods or passengers.\n(sec.529A-ssec.5) The authorised officer may also impose other reasonable conditions on the permission.\n(sec.529A-ssec.6) The use of the vehicle under the permission is not a contravention of the vehicle defect notice.\n(sec.529A-ssec.7) The use of a vehicle in contravention of a condition under subsection (4) or (5) is a contravention of the vehicle defect notice.\n- (a) the officer is satisfied— (i) the vehicle will be used only for the purpose of driving the vehicle to and from a place where repairs are to be carried out; and (ii) the use of the vehicle will not pose an imminent and serious safety risk; and (iii) the request is necessary and reasonable; or\n- (i) the vehicle will be used only for the purpose of driving the vehicle to and from a place where repairs are to be carried out; and\n- (ii) the use of the vehicle will not pose an imminent and serious safety risk; and\n- (iii) the request is necessary and reasonable; or\n- (b) the officer is satisfied— (i) the relevant repairs have been carried out and the vehicle will be taken within the stated period to be inspected for the purpose of enabling the vehicle defect notice to be cleared under section 530 ; and (ii) the use of the vehicle will not pose a safety risk; and (iii) the request is necessary and reasonable.\n- (i) the relevant repairs have been carried out and the vehicle will be taken within the stated period to be inspected for the purpose of enabling the vehicle defect notice to be cleared 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- (i) the vehicle will be used only for the purpose of driving the vehicle to and from a place where repairs are to be carried out; and\n- (ii) the use of the vehicle will not pose an imminent and serious safety risk; and\n- (iii) the request is necessary and reasonable; or\n- (i) the relevant repairs have been carried out and the vehicle will be taken within the stated period to be inspected for the purpose of enabling the vehicle defect notice to be cleared 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- (a) the use of the vehicle will be as mentioned in subsection (2) (a) (i) or (b)(i); and\n- (b) in relation to the use of the vehicle mentioned in subsection (2) (a) (i) —the vehicle will not be used to carry goods or passengers.","sortOrder":787},{"sectionNumber":"sec.529B","sectionType":"section","heading":"Permitted use of vehicle the subject of a major or minor defect notice without permission of authorised officer","content":"### sec.529B Permitted use of vehicle the subject of a major or minor defect notice without permission of authorised officer\n\nA heavy vehicle that is the subject of a major defect notice or minor defect notice may be used on a road if—\nthe relevant repairs have been carried out; and\nthe vehicle is being taken to a place to be inspected for the purpose of enabling the major defect notice or minor defect notice to be cleared under section 530 ; and\nthe vehicle is not carrying goods or passengers; and\nthe use of the vehicle does not pose a safety risk.\nAn authorised officer may require a driver of the heavy vehicle to produce evidence of the relevant repairs to the authorised officer within a reasonable time, and in a reasonable way, stated by the officer.\nSubsection (1) stops applying to the vehicle if the driver fails to comply with the requirement.\nThe use of the heavy vehicle under subsection (1) is not a contravention of the vehicle defect notice.\nsch s 529B ins 2015 No. 12 s 55\namd 2019 No. 29 s 29\n(sec.529B-ssec.1) A heavy vehicle that is the subject of a major defect notice or minor defect notice may be used on a road if— the relevant repairs have been carried out; and the vehicle is being taken to a place to be inspected for the purpose of enabling the major defect notice or minor defect notice to be cleared under section 530 ; and the vehicle is not carrying goods or passengers; and the use of the vehicle does not pose a safety risk.\n(sec.529B-ssec.2) An authorised officer may require a driver of the heavy vehicle to produce evidence of the relevant repairs to the authorised officer within a reasonable time, and in a reasonable way, stated by the officer.\n(sec.529B-ssec.3) Subsection (1) stops applying to the vehicle if the driver fails to comply with the requirement.\n(sec.529B-ssec.4) The use of the heavy vehicle under subsection (1) is not a contravention of the vehicle defect notice.\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 purpose of enabling the major defect notice or minor defect notice 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.","sortOrder":788},{"sectionNumber":"sec.530","sectionType":"section","heading":"Clearance of major or minor defect notices","content":"### sec.530 Clearance of major or minor defect notices\n\nA major defect notice or minor defect notice may be cleared by the Regulator if—\nthe Regulator decides the vehicle is no longer a defective heavy vehicle; or\nthe Regulator receives a notice, in the approved form, from an authorised officer stating that the heavy vehicle is no longer a defective heavy vehicle.\nIf the Regulator clears a major defect notice or minor defect notice applying to a heavy vehicle, the Regulator must arrange for any defective vehicle label for the vehicle to be removed from the vehicle.\nsch s 530 amd 2019 No. 29 s 30\n(sec.530-ssec.1) A major defect notice or minor defect notice may be cleared by the Regulator if— the Regulator decides the vehicle is no longer a defective heavy vehicle; or the Regulator receives a notice, in the approved form, from an authorised officer stating that the heavy vehicle is no longer a defective heavy vehicle.\n(sec.530-ssec.2) If the Regulator clears a major defect notice or minor defect notice applying to a heavy vehicle, the Regulator must arrange for any defective vehicle label for the vehicle to be removed from the vehicle.\n- (a) the Regulator decides the vehicle is no longer a defective heavy vehicle; or\n- (b) the Regulator receives a notice, in the approved form, from an authorised officer stating that the heavy vehicle is no longer a defective heavy vehicle.","sortOrder":789},{"sectionNumber":"sec.531","sectionType":"section","heading":"Amendment or withdrawal of vehicle defect notices","content":"### sec.531 Amendment or withdrawal of vehicle defect notices\n\nA vehicle defect notice issued in this jurisdiction by an authorised officer who is a police officer may be amended or withdrawn by any authorised officer who—\nis a police officer of this jurisdiction; or\nis a police officer of another jurisdiction if the Application Act of this jurisdiction permits this to be done; or\nis not a police officer but is of a class of authorised officers for the time being approved by the Regulator for the purposes of this subsection.\nA vehicle defect notice issued by an authorised officer who is not a police officer may be amended or withdrawn by any authorised officer who is of a class of authorised officers for the time being approved by the Regulator for the purposes of this subsection.\nIf an authorised officer amends or withdraws a vehicle defect notice for a heavy vehicle, the officer must give notice of the amendment or withdrawal to—\nthe Regulator; and\none of the following—\nthe person to whom the vehicle defect notice was given;\nthe person in charge of the vehicle;\nthe registered operator;\nif the vehicle is not registered—an owner.\nIf the person given the notice of amendment or withdrawal is not the operator of the vehicle, the person must, as soon as reasonably practicable, give the notice to the operator.\nMaximum penalty—$3000.\nIf an authorised officer withdraws a vehicle defect notice applying to a heavy vehicle, the Regulator must arrange for the defective vehicle label for the vehicle to be removed from the vehicle.\nsch s 531 amd 2015 No. 12 s 56\n(sec.531-ssec.1) A vehicle defect notice issued in this jurisdiction by an authorised officer who is a police officer may be amended or withdrawn by any authorised officer who— is a police officer of this jurisdiction; or is a police officer of another jurisdiction if the Application Act of this jurisdiction permits this to be done; or is not a police officer but is of a class of authorised officers for the time being approved by the Regulator for the purposes of this subsection.\n(sec.531-ssec.2) A vehicle defect notice issued by an authorised officer who is not a police officer may be amended or withdrawn by any authorised officer who is of a class of authorised officers for the time being approved by the Regulator for the purposes of this subsection.\n(sec.531-ssec.3) If an authorised officer amends or withdraws a vehicle defect notice for a heavy vehicle, the officer must give notice of the amendment or withdrawal to— the Regulator; and one of the following— the person to whom the vehicle defect notice was given; the person in charge of the vehicle; the registered operator; if the vehicle is not registered—an owner.\n(sec.531-ssec.4) If the person given the notice of amendment or withdrawal is not the operator of the vehicle, the person must, as soon as reasonably practicable, give the notice to the operator. Maximum penalty—$3000.\n(sec.531-ssec.5) If an authorised officer withdraws a vehicle defect notice applying to a heavy vehicle, the Regulator must arrange for the defective vehicle label for the vehicle to be removed from the vehicle.\n- (a) is a police officer of this jurisdiction; or\n- (b) is a police officer of another jurisdiction if the Application Act of this jurisdiction permits this to be done; or\n- (c) is not a police officer but is of a class of authorised officers for the time being approved by the Regulator for the purposes of this subsection.\n- (a) the Regulator; and\n- (b) one of the following— (i) the person to whom the vehicle defect notice was given; (ii) the person in charge of the vehicle; (iii) the registered operator; (iv) if the vehicle is not registered—an owner.\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- (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.","sortOrder":790},{"sectionNumber":"sec.531A","sectionType":"section","heading":null,"content":"### Section sec.531A\n\nsch s 531A ins 2016 No. 65 s 134\nom 2019 No. 29 s 31","sortOrder":791},{"sectionNumber":"sec.531B","sectionType":"section","heading":null,"content":"### Section sec.531B\n\nsch s 531B ins 2016 No. 65 s 134\nom 2019 No. 29 s 31","sortOrder":792},{"sectionNumber":"sch-inc-ch.9-pt.9.3-div.7","sectionType":"division","heading":"Further powers in relation to heavy vehicles concerning mass, dimension or loading requirements","content":"## Further powers in relation to heavy vehicles concerning mass, dimension or loading requirements","sortOrder":793},{"sectionNumber":"sec.532","sectionType":"section","heading":"Application of Div 7","content":"### sec.532 Application of Div 7\n\nThis Division applies to a heavy vehicle regardless of whether the vehicle is, has been, or becomes the subject of a direction or requirement given or made by an authorised officer under another provision of this Chapter.","sortOrder":794},{"sectionNumber":"sec.533","sectionType":"section","heading":"Powers for minor risk breach of mass, dimension or loading requirement","content":"### sec.533 Powers for minor risk breach of mass, dimension or loading requirement\n\nThis section applies if an authorised officer reasonably believes a heavy vehicle—\nis the subject of 1 or more minor risk breaches of mass, dimension or loading requirements; and\nis not, or is no longer, also the subject of a substantial, or severe, risk breach of a mass, dimension or loading requirement.\nIf the authorised officer reasonably believes it appropriate in the circumstances, the officer may direct the driver or operator of the heavy vehicle—\nto immediately rectify stated breaches of mass, dimension or loading requirements relating to the vehicle; or\nto move the vehicle, or cause it to be moved, to a stated place and not to move the vehicle, or cause it to be moved, from there until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified.\nRectification is reasonable and can be carried out easily.\nRectification is necessary in the public interest to avoid a safety risk, damage to road infrastructure or an adverse effect on public amenity.\nA place mentioned in subsection (2) (b) must be—\na place the authorised officer reasonably believes is suitable for the purpose of complying with the direction; and\nwithin a 30km radius from—\nwhere the heavy vehicle is located when the direction is given; or\nif the direction is given in the course of the heavy vehicle’s journey—any point along the forward route of the journey.\nIf the authorised officer does not give the driver or operator of a heavy vehicle a direction under subsection (2) and the authorised officer reasonably believes the driver or operator is not, or is no longer, subject to a direction for the rectification of a minor risk breach of a mass, dimension or loading requirement relating to the vehicle, the officer may authorise the driver or operator to continue the vehicle’s journey.\nA direction given under subsection (2) must be in writing and may be given with or without conditions.\nDespite subsection (5) , a direction to move a heavy vehicle may be given orally if the moving of the vehicle is carried out in the presence, or under the supervision, of an authorised officer.\nThe person to whom a direction is given under this section must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty—$10000.\nIn this section—\nstated means stated by the authorised officer.\n(sec.533-ssec.1) This section applies if an authorised officer reasonably believes a heavy vehicle— is the subject of 1 or more minor risk breaches of mass, dimension or loading requirements; and is not, or is no longer, also the subject of a substantial, or severe, risk breach of a mass, dimension or loading requirement.\n(sec.533-ssec.2) If the authorised officer reasonably believes it appropriate in the circumstances, the officer may direct the driver or operator of the heavy vehicle— to immediately rectify stated breaches of mass, dimension or loading requirements relating to the vehicle; or to move the vehicle, or cause it to be moved, to a stated place and not to move the vehicle, or cause it to be moved, from there until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified. Rectification is reasonable and can be carried out easily. Rectification is necessary in the public interest to avoid a safety risk, damage to road infrastructure or an adverse effect on public amenity.\n(sec.533-ssec.3) A place mentioned in subsection (2) (b) must be— a place the authorised officer reasonably believes is suitable for the purpose of complying with the direction; and within a 30km radius from— where the heavy vehicle is located when the direction is given; or if the direction is given in the course of the heavy vehicle’s journey—any point along the forward route of the journey.\n(sec.533-ssec.4) If the authorised officer does not give the driver or operator of a heavy vehicle a direction under subsection (2) and the authorised officer reasonably believes the driver or operator is not, or is no longer, subject to a direction for the rectification of a minor risk breach of a mass, dimension or loading requirement relating to the vehicle, the officer may authorise the driver or operator to continue the vehicle’s journey.\n(sec.533-ssec.5) A direction given under subsection (2) must be in writing and may be given with or without conditions.\n(sec.533-ssec.6) Despite subsection (5) , a direction to move a heavy vehicle may be given orally if the moving of the vehicle is carried out in the presence, or under the supervision, of an authorised officer.\n(sec.533-ssec.7) The person to whom a direction is given under this section must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—$10000.\n(sec.533-ssec.8) In this section— stated means stated by the authorised officer.\n- (a) is the subject of 1 or more minor risk breaches of mass, dimension or loading requirements; and\n- (b) is not, or is no longer, also the subject of a substantial, or severe, risk breach of a mass, dimension or loading requirement.\n- (a) to immediately rectify stated breaches of mass, dimension or loading requirements relating to the vehicle; or\n- (b) to move the vehicle, or cause it to be moved, to a stated place and not to move the vehicle, or cause it to be moved, from there until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified.\n- 1 Rectification is reasonable and can be carried out easily.\n- 2 Rectification is necessary in the public interest to avoid a safety risk, damage to road infrastructure or an adverse effect on public amenity.\n- (a) a place the authorised officer reasonably believes is suitable for the purpose of complying with the direction; and\n- (b) within a 30km radius from— (i) where the heavy vehicle is located when the direction is given; or (ii) if the direction is given in the course of the heavy vehicle’s journey—any point along the forward route of the journey.\n- (i) where the heavy vehicle is located when the direction is given; or\n- (ii) if the direction is given in the course of the heavy vehicle’s journey—any point along the forward route of the journey.\n- (i) where the heavy vehicle is located when the direction is given; or\n- (ii) if the direction is given in the course of the heavy vehicle’s journey—any point along the forward route of the journey.","sortOrder":795},{"sectionNumber":"sec.534","sectionType":"section","heading":"Powers for substantial risk breach of mass, dimension or loading requirement","content":"### sec.534 Powers for substantial risk breach of mass, dimension or loading requirement\n\nThis section applies if an authorised officer reasonably believes—\na heavy vehicle is the subject of 1 or more substantial risk breaches of mass, dimension or loading requirements; and\nthe heavy vehicle is not, or is no longer, also the subject of a severe risk breach of a mass, dimension or loading requirement.\nThe authorised officer must direct the driver or operator of the heavy vehicle—\nnot to move the vehicle until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified; or\nto move the vehicle, or cause it to be moved, to a stated reasonable place and not to move it, or cause it to be moved, from there until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified.\nthe intended destination of the heavy vehicle’s journey\na depot of the heavy vehicle or, if the heavy vehicle is a combination, a depot of a vehicle in the combination\na weighbridge\na rest area\na place where the heavy vehicle can be loaded or unloaded\nA direction given under subsection (2) must be in writing and may be given with or without conditions.\nDespite subsection (3) , a direction to move a heavy vehicle may be given orally if the moving of the vehicle is carried out in the presence, or under the supervision, of an authorised officer.\nThe person to whom a direction is given under this section must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty—$10000.\nIn this section—\nstated means stated by the authorised officer.\n(sec.534-ssec.1) This section applies if an authorised officer reasonably believes— a heavy vehicle is the subject of 1 or more substantial risk breaches of mass, dimension or loading requirements; and the heavy vehicle is not, or is no longer, also the subject of a severe risk breach of a mass, dimension or loading requirement.\n(sec.534-ssec.2) The authorised officer must direct the driver or operator of the heavy vehicle— not to move the vehicle until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified; or to move the vehicle, or cause it to be moved, to a stated reasonable place and not to move it, or cause it to be moved, from there until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified. the intended destination of the heavy vehicle’s journey a depot of the heavy vehicle or, if the heavy vehicle is a combination, a depot of a vehicle in the combination a weighbridge a rest area a place where the heavy vehicle can be loaded or unloaded\n(sec.534-ssec.3) A direction given under subsection (2) must be in writing and may be given with or without conditions.\n(sec.534-ssec.4) Despite subsection (3) , a direction to move a heavy vehicle may be given orally if the moving of the vehicle is carried out in the presence, or under the supervision, of an authorised officer.\n(sec.534-ssec.5) The person to whom a direction is given under this section must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—$10000.\n(sec.534-ssec.6) In this section— stated means stated by the authorised officer.\n- (a) a heavy vehicle is the subject of 1 or more substantial risk breaches of mass, dimension or loading requirements; and\n- (b) the heavy vehicle is not, or is no longer, also the subject of a severe risk breach of a mass, dimension or loading requirement.\n- (a) not to move the vehicle until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified; or\n- (b) to move the vehicle, or cause it to be moved, to a stated reasonable place and not to move it, or cause it to be moved, from there until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified. Examples of reasonable place for the purposes of paragraph (b) — • the intended destination of the heavy vehicle’s journey • a depot of the heavy vehicle or, if the heavy vehicle is a combination, a depot of a vehicle in the combination • a weighbridge • a rest area • a place where the heavy vehicle can be loaded or unloaded\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 of 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- • 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 of a vehicle in the combination\n- • a weighbridge\n- • a rest area\n- • a place where the heavy vehicle can be loaded or unloaded","sortOrder":796},{"sectionNumber":"sec.535","sectionType":"section","heading":"Powers for severe risk breach of mass, dimension or loading requirement","content":"### sec.535 Powers for severe risk breach of mass, dimension or loading requirement\n\nThis section applies if an authorised officer reasonably believes a heavy vehicle is the subject of 1 or more severe risk breaches of mass, dimension or loading requirements.\nThe authorised officer must direct the driver or operator of the heavy vehicle—\nnot to move the heavy vehicle until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified; or\nif the prescribed circumstances exist—\nto move the vehicle, or cause it to be moved, to the nearest stated safe location; and\nnot to proceed from there until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified.\nA direction given under subsection (2) must be in writing and may be given with or without conditions.\nDespite subsection (3) , a direction to move a heavy vehicle may be given orally if the moving of the vehicle is carried out in the presence, or under the supervision, of an authorised officer.\nThe person to whom a direction is given under this section must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty—$10000.\nNothing in this section prevents an authorised officer from taking into account the safety of the heavy vehicle or any load in it if the officer reasonably believes the officer can do so without prejudicing the safety of other property, people, the environment, road infrastructure or public amenity.\nIn this section—\nprescribed circumstances means—\nthere is a risk of harm to public safety; or\nthere is an appreciable risk of harm to the environment, road infrastructure or public amenity.\nrisk of harm to public safety , in relation to a heavy vehicle—\nincludes the risk of harm to the safety of people, or live animals, in the vehicle; but\ndoes not include the risk of harm to the safety of the vehicle or goods, other than a live animal, in the vehicle.\nsafe location means a location where the authorised officer reasonably believes the heavy vehicle will pose a reduced risk or no appreciable risk of harm to public safety, the environment, road infrastructure or public amenity.\na depot of the heavy vehicle or, if the heavy vehicle is a combination, a depot of a vehicle in the combination\na weighbridge\na rest area\na place where the heavy vehicle can be loaded or unloaded\nstated means stated by the authorised officer.\n(sec.535-ssec.1) This section applies if an authorised officer reasonably believes a heavy vehicle is the subject of 1 or more severe risk breaches of mass, dimension or loading requirements.\n(sec.535-ssec.2) The authorised officer must direct the driver or operator of the heavy vehicle— not to move the heavy vehicle until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified; or if the prescribed circumstances exist— to move the vehicle, or cause it to be moved, to the nearest stated safe location; and not to proceed from there until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified.\n(sec.535-ssec.3) A direction given under subsection (2) must be in writing and may be given with or without conditions.\n(sec.535-ssec.4) Despite subsection (3) , a direction to move a heavy vehicle may be given orally if the moving of the vehicle is carried out in the presence, or under the supervision, of an authorised officer.\n(sec.535-ssec.5) The person to whom a direction is given under this section must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—$10000.\n(sec.535-ssec.6) Nothing in this section prevents an authorised officer from taking into account the safety of the heavy vehicle or any load in it if the officer reasonably believes the officer can do so without prejudicing the safety of other property, people, the environment, road infrastructure or public amenity.\n(sec.535-ssec.7) In this section— prescribed circumstances means— there is a risk of harm to public safety; or there is an appreciable risk of harm to the environment, road infrastructure or public amenity. risk of harm to public safety , in relation to a heavy vehicle— includes the risk of harm to the safety of people, or live animals, in the vehicle; but does not include the risk of harm to the safety of the vehicle or goods, other than a live animal, in the vehicle. safe location means a location where the authorised officer reasonably believes the heavy vehicle will pose a reduced risk or no appreciable risk of harm to public safety, the environment, road infrastructure or public amenity. a depot of the heavy vehicle or, if the heavy vehicle is a combination, a depot of a vehicle in the combination a weighbridge a rest area a place where the heavy vehicle can be loaded or unloaded stated means stated by the authorised officer.\n- (a) not to move the heavy vehicle until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified; or\n- (b) if the prescribed circumstances exist— (i) to move the vehicle, or cause it to be moved, to the nearest stated safe location; and (ii) not to proceed from there until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified.\n- (i) to move the vehicle, or cause it to be moved, to the nearest stated safe location; and\n- (ii) not to proceed from there until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified.\n- (i) to move the vehicle, or cause it to be moved, to the nearest stated safe location; and\n- (ii) not to proceed from there until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified.\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 infrastructure or public amenity.\n- (a) includes the risk of harm to the safety of people, or live animals, in the vehicle; but\n- (b) does not include the risk of harm to the safety of the vehicle or goods, other than a live animal, in the vehicle.\n- • a depot of the heavy vehicle or, if the heavy vehicle is a combination, a depot of a vehicle in the combination\n- • a weighbridge\n- • a rest area\n- • a place where the heavy vehicle can be loaded or unloaded","sortOrder":797},{"sectionNumber":"sec.536","sectionType":"section","heading":"Operation of direction in relation to a combination","content":"### sec.536 Operation of direction in relation to a combination\n\nThis section applies if a direction is given under this Division in relation to a heavy combination.\nSubject to subsection (3) , nothing in this Division prevents a component vehicle of the heavy combination from being separately driven or moved if—\nthe component vehicle is not itself the subject of a contravention of a mass, dimension or loading requirement; and\nit is not otherwise unlawful for the component vehicle to be driven or moved.\nSubsection (2) does not apply if a condition of the direction prevents the component vehicle from being separately driven or moved.\n(sec.536-ssec.1) This section applies if a direction is given under this Division in relation to a heavy combination.\n(sec.536-ssec.2) Subject to subsection (3) , nothing in this Division prevents a component vehicle of the heavy combination from being separately driven or moved if— the component vehicle is not itself the subject of a contravention of a mass, dimension or loading requirement; and it is not otherwise unlawful for the component vehicle to be driven or moved.\n(sec.536-ssec.3) Subsection (2) does not apply if a condition of the direction prevents the component vehicle from being separately driven or moved.\n- (a) the component vehicle is not itself the subject of a contravention of a mass, dimension or loading requirement; and\n- (b) it is not otherwise unlawful for the component vehicle to be driven or moved.","sortOrder":798},{"sectionNumber":"sch-inc-ch.9-pt.9.3-div.8","sectionType":"division","heading":"Further powers in relation to fatigue-regulated heavy vehicles","content":"## Further powers in relation to fatigue-regulated heavy vehicles","sortOrder":799},{"sectionNumber":"sec.537","sectionType":"section","heading":"Application of Div 8","content":"### sec.537 Application of Div 8\n\nThis Division applies to a fatigue-regulated heavy vehicle regardless of whether the vehicle is, has been, or becomes the subject of a direction or requirement given or made by an authorised officer under another provision of this Chapter.\nsch s 537 amd 2025 No. 26 s 121 (uncommenced amendment)","sortOrder":800},{"sectionNumber":"sec.538","sectionType":"section","heading":"Requiring driver to rest for contravention of maximum work requirement","content":"### sec.538 Requiring driver to rest for contravention of maximum work requirement\n\nThis section applies if an authorised officer reasonably believes the driver of a fatigue-regulated heavy vehicle has contravened a maximum work requirement by working for a period in excess of the maximum work time allowed under the requirement.\nIf the authorised officer reasonably believes the contravention is a critical risk breach or severe risk breach, the authorised officer must, by notice, require the driver—\nto immediately rest for a stated period in accordance with a minimum rest requirement applying to the driver; and\nto work for a stated shorter period when the driver next works to compensate for the excess period worked.\nIf the authorised officer reasonably believes the contravention is a substantial risk breach or minor risk breach, the authorised officer may, by notice, require the driver—\nto immediately rest for a stated period in accordance with a minimum rest requirement applying to the driver; and\nto work for a stated shorter period when the driver next works to compensate for the excess period worked.\nIf the authorised officer imposes a requirement under subsection (2) or (3) , the authorised officer must record details of the requirement in the driver’s work diary.\nSection 541 deals with the situation where the driver does not produce the work diary or produces something as a work diary that the authorised officer reasonably believes to be unacceptable.\n(sec.538-ssec.1) This section applies if an authorised officer reasonably believes the driver of a fatigue-regulated heavy vehicle has contravened a maximum work requirement by working for a period in excess of the maximum work time allowed under the requirement.\n(sec.538-ssec.2) If the authorised officer reasonably believes the contravention is a critical risk breach or severe risk breach, the authorised officer must, by notice, require the driver— to immediately rest for a stated period in accordance with a minimum rest requirement applying to the driver; and to work for a stated shorter period when the driver next works to compensate for the excess period worked.\n(sec.538-ssec.3) If the authorised officer reasonably believes the contravention is a substantial risk breach or minor risk breach, the authorised officer may, by notice, require the driver— to immediately rest for a stated period in accordance with a minimum rest requirement applying to the driver; and to work for a stated shorter period when the driver next works to compensate for the excess period worked.\n(sec.538-ssec.4) If the authorised officer imposes a requirement under subsection (2) or (3) , the authorised officer must record details of the requirement in the driver’s work diary. Section 541 deals with the situation where the driver does not produce the work diary or produces something as a work diary that the authorised officer reasonably believes to be unacceptable.\n- (a) to immediately rest for a stated period in accordance with a minimum rest requirement applying to the driver; and\n- (b) to work for a stated shorter period when the driver next works to compensate for the excess period worked.\n- (a) to immediately rest for a stated period in accordance with a minimum rest requirement applying to the driver; and\n- (b) to work for a stated shorter period when the driver next works to compensate for the excess period worked.","sortOrder":801},{"sectionNumber":"sec.539","sectionType":"section","heading":"Requiring driver to rest for contravention of minimum rest requirement","content":"### sec.539 Requiring driver to rest for contravention of minimum rest requirement\n\nThis section applies if an authorised officer reasonably believes the driver of a fatigue-regulated heavy vehicle has contravened a minimum rest requirement by resting for a period shorter than the minimum rest time required under the requirement.\nIf the authorised officer reasonably believes the contravention is a critical risk breach or severe risk breach, the authorised officer must, by notice, require the driver—\nto immediately rest for a stated period to compensate for the shortfall between the period of rest the driver had and the minimum rest time required under the minimum rest requirement; and\nif the driver has failed to have 1 or more night rest breaks required under a minimum rest requirement—to have 1 or more night rest breaks to compensate for the shortfall between the number of night rest breaks the driver had and the number of night rest breaks required under the minimum rest requirement.\nIf the authorised officer reasonably believes the contravention is a substantial risk breach or minor risk breach, the authorised officer may, by notice, require the driver—\nto immediately rest for a stated period to compensate for the shortfall between the period of rest the driver had and the minimum rest time required under the minimum rest requirement; or\nto rest for an additional stated period, at the next rest break the driver is required to have under a maximum work requirement or minimum rest requirement, to compensate for the shortfall between the period of rest the driver had and the minimum rest time required under the minimum rest requirement; or\nif the driver has failed to have 1 or more night rest breaks required under a minimum rest requirement—to have 1 or more night rest breaks to compensate for the shortfall between the number of night rest breaks the driver had and the number of night rest breaks required under the minimum rest requirement.\nIf the authorised officer imposes a requirement under subsection (2) or (3) , the authorised officer must record the details of the requirement in the driver’s work diary.\nSection 541 deals with the situation where the driver does not produce the work diary or produces something as a work diary that the authorised officer reasonably believes to be unacceptable.\n(sec.539-ssec.1) This section applies if an authorised officer reasonably believes the driver of a fatigue-regulated heavy vehicle has contravened a minimum rest requirement by resting for a period shorter than the minimum rest time required under the requirement.\n(sec.539-ssec.2) If the authorised officer reasonably believes the contravention is a critical risk breach or severe risk breach, the authorised officer must, by notice, require the driver— to immediately rest for a stated period to compensate for the shortfall between the period of rest the driver had and the minimum rest time required under the minimum rest requirement; and if the driver has failed to have 1 or more night rest breaks required under a minimum rest requirement—to have 1 or more night rest breaks to compensate for the shortfall between the number of night rest breaks the driver had and the number of night rest breaks required under the minimum rest requirement.\n(sec.539-ssec.3) If the authorised officer reasonably believes the contravention is a substantial risk breach or minor risk breach, the authorised officer may, by notice, require the driver— to immediately rest for a stated period to compensate for the shortfall between the period of rest the driver had and the minimum rest time required under the minimum rest requirement; or to rest for an additional stated period, at the next rest break the driver is required to have under a maximum work requirement or minimum rest requirement, to compensate for the shortfall between the period of rest the driver had and the minimum rest time required under the minimum rest requirement; or if the driver has failed to have 1 or more night rest breaks required under a minimum rest requirement—to have 1 or more night rest breaks to compensate for the shortfall between the number of night rest breaks the driver had and the number of night rest breaks required under the minimum rest requirement.\n(sec.539-ssec.4) If the authorised officer imposes a requirement under subsection (2) or (3) , the authorised officer must record the details of the requirement in the driver’s work diary. Section 541 deals with the situation where the driver does not produce the work diary or produces something as a work diary that the authorised officer reasonably believes to be unacceptable.\n- (a) to immediately rest for a stated period to compensate for the shortfall between the period of rest the driver had and the minimum rest time required under the minimum rest requirement; and\n- (b) if the driver has failed to have 1 or more night rest breaks required under a minimum rest requirement—to have 1 or more night rest breaks to compensate for the shortfall between the number of night rest breaks the driver had and the number of night rest breaks required under the minimum rest requirement.\n- (a) to immediately rest for a stated period to compensate for the shortfall between the period of rest the driver had and the minimum rest time required under the minimum rest requirement; or\n- (b) to rest for an additional stated period, at the next rest break the driver is required to have under a maximum work requirement or minimum rest requirement, to compensate for the shortfall between the period of rest the driver had and the minimum rest time required under the minimum rest requirement; or\n- (c) if the driver has failed to have 1 or more night rest breaks required under a minimum rest requirement—to have 1 or more night rest breaks to compensate for the shortfall between the number of night rest breaks the driver had and the number of night rest breaks required under the minimum rest requirement.","sortOrder":802},{"sectionNumber":"sec.540","sectionType":"section","heading":"Requiring driver to stop working if impaired by fatigue","content":"### sec.540 Requiring driver to stop working if impaired by fatigue\n\nThis section applies if an authorised officer reasonably believes the driver of a fatigue-regulated heavy vehicle is impaired by fatigue.\nThe authorised officer may, by notice—\nrequire the driver to immediately stop work and not work again for a stated period; and\nif the officer has observed the driver driving in a way the officer considers on reasonable grounds to be dangerous, require the driver to also immediately stop being in control of the fatigue-regulated heavy vehicle.\nA stated period under subsection (2) (a) must be a reasonable period having regard to the matters prescribed for the purposes of this section by the national regulations.\nIf the authorised officer imposes a requirement under subsection (2) (a) , the authorised officer must record details of the requirement in the driver’s work diary.\nSection 541 deals with the situation where the driver does not produce the work diary or produces something as a work diary that the authorised officer reasonably believes to be unacceptable.\nIf the authorised officer imposes a requirement under subsection (2) (b) , the authorised officer may authorise a person to move the fatigue-regulated heavy vehicle to a suitable rest place for fatigue-regulated heavy vehicles but only if the person is qualified and fit to drive the vehicle.\nThe national regulations may prescribe the matters to which the authorised officer, or a court, must or may have regard when deciding whether or not a person was impaired by fatigue for the purposes of this section.\nsch s 540 amd 2025 No. 26 s 122 (uncommenced amendment)\n(sec.540-ssec.1) This section applies if an authorised officer reasonably believes the driver of a fatigue-regulated heavy vehicle is impaired by fatigue.\n(sec.540-ssec.2) The authorised officer may, by notice— require the driver to immediately stop work and not work again for a stated period; and if the officer has observed the driver driving in a way the officer considers on reasonable grounds to be dangerous, require the driver to also immediately stop being in control of the fatigue-regulated heavy vehicle.\n(sec.540-ssec.3) A stated period under subsection (2) (a) must be a reasonable period having regard to the matters prescribed for the purposes of this section by the national regulations.\n(sec.540-ssec.4) If the authorised officer imposes a requirement under subsection (2) (a) , the authorised officer must record details of the requirement in the driver’s work diary. Section 541 deals with the situation where the driver does not produce the work diary or produces something as a work diary that the authorised officer reasonably believes to be unacceptable.\n(sec.540-ssec.5) If the authorised officer imposes a requirement under subsection (2) (b) , the authorised officer may authorise a person to move the fatigue-regulated heavy vehicle to a suitable rest place for fatigue-regulated heavy vehicles but only if the person is qualified and fit to drive the vehicle.\n(sec.540-ssec.6) The national regulations may prescribe the matters to which the authorised officer, or a court, must or may have regard when deciding whether or not a person was impaired by fatigue for the purposes of this section.\n- (a) require the driver to immediately stop work and not work again for a stated period; and\n- (b) if the officer has observed the driver driving in a way the officer considers on reasonable grounds to be dangerous, require the driver to also immediately stop being in control of the fatigue-regulated heavy vehicle.","sortOrder":803},{"sectionNumber":"sec.541","sectionType":"section","heading":"Requiring driver to stop working if work diary not produced or unreliable","content":"### sec.541 Requiring driver to stop working if work diary not produced or unreliable\n\nThis section applies if—\nan authorised officer has, under section 568 , asked the driver of a fatigue-regulated heavy vehicle to produce a work diary the driver is required to keep under this Law; and\neither—\nthe driver has failed to produce the diary without a reasonable excuse; or\nthe driver produces a document that the authorised officer reasonably believes is not the work diary the driver is required to keep under this Law; or\nthe authorised officer reasonably believes the work diary, or purported work diary, produced by the driver can not be relied on as an accurate record of the time the driver recently spent working or resting.\nInformation in the work diary appears to be incorrect.\nParticular information appears to be missing from the work diary.\nThe work diary appears to have been tampered with.\nThe authorised officer may, by notice, require the driver to immediately stop work and to not work again for a stated period of up to 24 hours.\n(sec.541-ssec.1) This section applies if— an authorised officer has, under section 568 , asked the driver of a fatigue-regulated heavy vehicle to produce a work diary the driver is required to keep under this Law; and either— the driver has failed to produce the diary without a reasonable excuse; or the driver produces a document that the authorised officer reasonably believes is not the work diary the driver is required to keep under this Law; or the authorised officer reasonably believes the work diary, or purported work diary, produced by the driver can not be relied on as an accurate record of the time the driver recently spent working or resting. Information in the work diary appears to be incorrect. Particular information appears to be missing from the work diary. The work diary appears to have been tampered with.\n(sec.541-ssec.2) The authorised officer may, by notice, require the driver to immediately stop work and to not work again for a stated period of up to 24 hours.\n- (a) an authorised officer has, under section 568 , asked the driver of a fatigue-regulated heavy vehicle to produce a work diary the driver is required to keep under this Law; and\n- (b) either— (i) the driver has failed to produce the diary without a reasonable excuse; or (ii) the driver produces a document that the authorised officer reasonably believes is not the work diary the driver is required to keep under this Law; or (iii) the authorised officer reasonably believes the work diary, or purported work diary, produced by the driver can not be relied on as an accurate record of the time the driver recently spent working or resting. Examples for the purposes of subparagraph (iii) — • Information in the work diary appears to be incorrect. • Particular information appears to be missing from the work diary. • The work diary appears to have been tampered with.\n- (i) the driver has failed to produce the diary without a reasonable excuse; or\n- (ii) the driver produces a document that the authorised officer reasonably believes is not the work diary the driver is required to keep under this Law; or\n- (iii) the authorised officer reasonably believes the work diary, or purported work diary, produced by the driver can not be relied on as an accurate record of the time the driver recently spent working or resting. Examples for the purposes of subparagraph (iii) — • Information in the work diary appears to be incorrect. • Particular information appears to be missing from the work diary. • The work diary appears to have been tampered with.\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- (i) the driver has failed to produce the diary without a reasonable excuse; or\n- (ii) the driver produces a document that the authorised officer reasonably believes is not the work diary the driver is required to keep under this Law; or\n- (iii) the authorised officer reasonably believes the work diary, or purported work diary, produced by the driver can not be relied on as an accurate record of the time the driver recently spent working or resting. Examples for the purposes of subparagraph (iii) — • Information in the work diary appears to be incorrect. • Particular information appears to be missing from the work diary. • The work diary appears to have been tampered with.\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- • 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.","sortOrder":804},{"sectionNumber":"sec.542","sectionType":"section","heading":"Compliance with requirement under this Division","content":"### sec.542 Compliance with requirement under this Division\n\nA person given a notice under this Division must comply with the notice, unless the person has a reasonable excuse.\nMaximum penalty—$10000.\nAn authorised officer who gives a person a notice under section 538 , 539 or 541 may, by stating it in the notice, allow the person to delay complying with the notice for a period of up to 1 hour if the authorised officer reasonably believes—\nthe delay is necessary to allow the person time to drive the relevant fatigue-regulated heavy vehicle to the nearest suitable rest place for fatigue-regulated heavy vehicles and it is reasonably safe to allow the person to continue driving the vehicle to that place; or\nthe delay is necessary to allow the person time to attend to, or to secure, the load on the relevant fatigue-regulated heavy vehicle before resting.\n(sec.542-ssec.1) A person given a notice under this Division must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—$10000.\n(sec.542-ssec.2) An authorised officer who gives a person a notice under section 538 , 539 or 541 may, by stating it in the notice, allow the person to delay complying with the notice for a period of up to 1 hour if the authorised officer reasonably believes— the delay is necessary to allow the person time to drive the relevant fatigue-regulated heavy vehicle to the nearest suitable rest place for fatigue-regulated heavy vehicles and it is reasonably safe to allow the person to continue driving the vehicle to that place; or the delay is necessary to allow the person time to attend to, or to secure, the load on the relevant fatigue-regulated heavy vehicle before resting.\n- (a) the delay is necessary to allow the person time to drive the relevant fatigue-regulated heavy vehicle to the nearest suitable rest place for fatigue-regulated heavy vehicles and it is reasonably safe to allow the person to continue driving the vehicle to that place; or\n- (b) the delay is necessary to allow the person time to attend to, or to secure, the load on the relevant fatigue-regulated heavy vehicle before resting.","sortOrder":805},{"sectionNumber":"sch-inc-ch.9-pt.9.4","sectionType":"part","heading":"Other powers","content":"# Other powers","sortOrder":806},{"sectionNumber":"sch-inc-ch.9-pt.9.4-div.1","sectionType":"division","heading":"Powers relating to equipment","content":"## Powers relating to equipment","sortOrder":807},{"sectionNumber":"sec.543","sectionType":"section","heading":"Power to use equipment to access information","content":"### sec.543 Power to use equipment to access information\n\nThis section applies if—\na thing found at a place, or in a vehicle, entered by an authorised officer under this Chapter is, or includes, a disc, tape or other device used for storing information (the storage device ); and\nequipment at the place, or in the vehicle, may be used with the storage device to access information on the storage device; and\nthe authorised officer reasonably believes information stored on the storage device may be relevant for deciding whether this Law is being complied with.\nThe authorised officer, or a person helping the officer, may operate the equipment to access the information.\nA person may operate equipment under subsection (2) only if the person reasonably believes the operation can be carried out without damaging the equipment.\nSee section 548 for action an authorised officer may take if the officer, or a person helping the officer, finds a disc, tape or other device containing information the officer reasonably believes is relevant for deciding whether this Law has been contravened.\nIn this section—\nequipment , at a place or in a vehicle, includes equipment taken into the place or vehicle by the authorised officer.\n(sec.543-ssec.1) This section applies if— a thing found at a place, or in a vehicle, entered by an authorised officer under this Chapter is, or includes, a disc, tape or other device used for storing information (the storage device ); and equipment at the place, or in the vehicle, may be used with the storage device to access information on the storage device; and the authorised officer reasonably believes information stored on the storage device may be relevant for deciding whether this Law is being complied with.\n(sec.543-ssec.2) The authorised officer, or a person helping the officer, may operate the equipment to access the information.\n(sec.543-ssec.3) A person may operate equipment under subsection (2) only if the person reasonably believes the operation can be carried out without damaging the equipment. See section 548 for action an authorised officer may take if the officer, or a person helping the officer, finds a disc, tape or other device containing information the officer reasonably believes is relevant for deciding whether this Law has been contravened.\n(sec.543-ssec.4) In this section— equipment , at a place or in a vehicle, includes equipment taken into the place or vehicle by the authorised officer.\n- (a) a thing found at a place, or in a vehicle, entered by an authorised officer under this Chapter is, or includes, a disc, tape or other device used for storing information (the storage device ); and\n- (b) equipment at the place, or in the vehicle, may be used with the storage device to access information on the storage device; and\n- (c) the authorised officer reasonably believes information stored on the storage device may be relevant for deciding whether this Law is being complied with.","sortOrder":808},{"sectionNumber":"sec.544","sectionType":"section","heading":"Power to use equipment to examine or process a thing","content":"### sec.544 Power to use equipment to examine or process a thing\n\nAn authorised officer, or a person helping an authorised officer, may operate equipment at a place, or in a vehicle, entered under this Chapter to examine or process a thing found at the place, or in the vehicle, in order to decide whether it is a thing that may be seized under this Chapter.\nAlso, for a heavy vehicle entered under section 521 , an authorised officer, or a person helping the authorised officer, may, for deciding whether a thing may be seized under section 547 —\noperate equipment in the vehicle to examine or process the thing; or\nmove the thing to another place if it is not practicable to examine or process the thing where it is found, or the vehicle’s driver consents in writing, and operate equipment at that place to examine or process the thing.\nHowever, subsections (1) and (2) only apply if the authorised officer or person reasonably believes—\nthe equipment is suitable for exercising the power; and\nthe power can be exercised without damaging the equipment or thing.\nIn this section—\nequipment , at a place or in a vehicle, includes equipment taken into the place or vehicle by the authorised officer.\n(sec.544-ssec.1) An authorised officer, or a person helping an authorised officer, may operate equipment at a place, or in a vehicle, entered under this Chapter to examine or process a thing found at the place, or in the vehicle, in order to decide whether it is a thing that may be seized under this Chapter.\n(sec.544-ssec.2) Also, for a heavy vehicle entered under section 521 , an authorised officer, or a person helping the authorised officer, may, for deciding whether a thing may be seized under section 547 — operate equipment in the vehicle to examine or process the thing; or move the thing to another place if it is not practicable to examine or process the thing where it is found, or the vehicle’s driver consents in writing, and operate equipment at that place to examine or process the thing.\n(sec.544-ssec.3) However, subsections (1) and (2) only apply if the authorised officer or person reasonably believes— the equipment is suitable for exercising the power; and the power can be exercised without damaging the equipment or thing.\n(sec.544-ssec.4) In this section— equipment , at a place or in a vehicle, includes equipment taken into the place or vehicle by the authorised officer.\n- (a) operate equipment in the vehicle to examine or process the thing; or\n- (b) move the thing to another place if it is not practicable to examine or process the thing where it is found, or the vehicle’s driver consents in writing, and operate equipment at that place to examine or process the thing.\n- (a) the equipment is suitable for exercising the power; and\n- (b) the power can be exercised without damaging the equipment or thing.","sortOrder":809},{"sectionNumber":"sch-inc-ch.9-pt.9.4-div.2","sectionType":"division","heading":"Seizure and embargo notices","content":"## Seizure and embargo notices","sortOrder":810},{"sectionNumber":"sec.545","sectionType":"section","heading":"Seizing evidence at a place that may be entered without consent or warrant","content":"### sec.545 Seizing evidence at a place that may be entered without consent or warrant\n\nAn authorised officer who enters a place the officer may enter under this Chapter without the consent of its occupier and without a warrant may seize a thing at the place if the officer reasonably believes the thing is evidence of an offence against this Law.","sortOrder":811},{"sectionNumber":"sec.546","sectionType":"section","heading":"Seizing evidence at a place that may be entered only with consent or warrant","content":"### sec.546 Seizing evidence at a place that may be entered only with consent or warrant\n\nThis section applies if—\nan authorised officer is authorised to enter a place only with the consent of an occupier at the place or a warrant; and\nthe authorised officer enters the place after obtaining the necessary consent or under a warrant.\nIf the authorised officer enters the place with the occupier’s consent, the officer may seize a thing at the place if—\nthe officer reasonably believes the thing is evidence of an offence against this Law; and\nseizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\nIf the authorised officer enters the place under a warrant, the officer may seize the evidence for which the warrant was issued.\nThe authorised officer may also seize anything else at the place if the officer reasonably believes—\nthe thing is evidence of an offence against this Law; and\nthe seizure is necessary to prevent the thing being—\nhidden, lost or destroyed; or\nused to continue, or repeat, the offence.\n(sec.546-ssec.1) This section applies if— an authorised officer is authorised to enter a place only with the consent of an occupier at the place or a warrant; and the authorised officer enters the place after obtaining the necessary consent or under a warrant.\n(sec.546-ssec.2) If the authorised officer enters the place with the occupier’s consent, the officer may seize a thing at the place if— the officer reasonably believes the thing is evidence of an offence against this Law; and seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n(sec.546-ssec.3) If the authorised officer enters the place under a warrant, the officer may seize the evidence for which the warrant was issued.\n(sec.546-ssec.4) The authorised officer may also seize anything else at the place if the officer reasonably believes— the thing is evidence of an offence against this Law; and the seizure is necessary to prevent the thing being— hidden, lost or destroyed; or used to continue, or repeat, the offence.\n- (a) an authorised officer is authorised to enter a place only with the consent of an occupier at the place or a warrant; and\n- (b) the authorised officer enters the place after obtaining the necessary consent or under a warrant.\n- (a) the officer reasonably believes the thing is evidence of an offence against this Law; and\n- (b) seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence of an offence against this Law; and\n- (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.","sortOrder":812},{"sectionNumber":"sec.547","sectionType":"section","heading":"Seizing evidence in a heavy vehicle entered under s 521","content":"### sec.547 Seizing evidence in a heavy vehicle entered under s 521\n\nAn authorised officer who enters a heavy vehicle under section 521 may seize a thing in the heavy vehicle if the officer reasonably believes the thing is evidence of an offence against this Law.","sortOrder":813},{"sectionNumber":"sec.548","sectionType":"section","heading":"Additional seizure power relating to information stored electronically","content":"### sec.548 Additional seizure power relating to information stored electronically\n\nThis section applies if, under this Chapter, an authorised officer, or a person helping an authorised officer—\nenters a place or heavy vehicle; and\nfinds a disc, tape or other device used for storing information (the original information storage device ) containing information the authorised officer reasonably believes is relevant for deciding whether this Law has been contravened.\nThe authorised officer or person may—\nput the information in documentary form and seize the document; or\ncopy the information from the original information storage device to another information storage device and seize the other information storage device; or\nseize the original information storage device and any equipment at the place or in the vehicle necessary for accessing the information contained in the device if—\nit is not practicable to take action, at the place or in the vehicle, under paragraph (a) or (b) in relation to the information; and\nthe officer or person reasonably believes the device and equipment can be seized without being damaged.\n(sec.548-ssec.1) This section applies if, under this Chapter, an authorised officer, or a person helping an authorised officer— enters a place or heavy vehicle; and finds a disc, tape or other device used for storing information (the original information storage device ) containing information the authorised officer reasonably believes is relevant for deciding whether this Law has been contravened.\n(sec.548-ssec.2) The authorised officer or person may— put the information in documentary form and seize the document; or copy the information from the original information storage device to another information storage device and seize the other information storage device; or seize the original information storage device and any equipment at the place or in the vehicle necessary for accessing the information contained in the device if— it is not practicable to take action, at the place or in the vehicle, under paragraph (a) or (b) in relation to the information; and the officer or person reasonably believes the device and equipment can be seized without being damaged.\n- (a) enters a place or heavy vehicle; and\n- (b) finds a disc, tape or other device used for storing information (the original information storage device ) containing information the authorised officer reasonably believes is relevant for deciding whether this Law has been contravened.\n- (a) put the information in documentary form and seize the document; or\n- (b) copy the information from the original information storage device to another information storage device and seize the other information storage device; or\n- (c) seize the original information storage device and any equipment at the place or in the vehicle necessary for accessing the information contained in the device if— (i) it is not practicable to take action, at the place or in the vehicle, under paragraph (a) or (b) in relation to the information; and (ii) the officer or person reasonably believes the device and equipment can be seized without being damaged.\n- (i) it is not practicable to take action, at the place or in the vehicle, under paragraph (a) or (b) in relation to the information; and\n- (ii) the officer or person reasonably believes the device and equipment can be seized without being damaged.\n- (i) it is not practicable to take action, at the place or in the vehicle, under paragraph (a) or (b) in relation to the information; and\n- (ii) the officer or person reasonably believes the device and equipment can be seized without being damaged.","sortOrder":814},{"sectionNumber":"sec.549","sectionType":"section","heading":"Seizing thing or sample taken for examination under s 500","content":"### sec.549 Seizing thing or sample taken for examination under s 500\n\nAn authorised officer who takes a thing or sample for examination under section 500 (1) (c) may, after examining it, seize the thing or sample if—\nthe officer reasonably believes the thing or sample is evidence of an offence against this Law; and\nhad the officer had the reasonable belief when the thing or sample was taken, the officer could have seized the thing or the thing from which the sample was taken under section 545 to 548 .\n- (a) the officer reasonably believes the thing or sample is evidence of an offence against this Law; and\n- (b) had the officer had the reasonable belief when the thing or sample was taken, the officer could have seized the thing or the thing from which the sample was taken under section 545 to 548 .","sortOrder":815},{"sectionNumber":"sec.550","sectionType":"section","heading":"Seizure of property subject to security","content":"### sec.550 Seizure of property subject to security\n\nAn authorised officer may seize a thing under this Chapter, and exercise powers relating to the thing, despite a lien or other security over it claimed by another person.\nHowever, the seizure does not affect the other person’s claim to the lien or other security against a person other than the authorised officer or a person helping the officer.\n(sec.550-ssec.1) An authorised officer may seize a thing under this Chapter, and exercise powers relating to the thing, despite a lien or other security over it claimed by another person.\n(sec.550-ssec.2) However, the seizure does not affect the other person’s claim to the lien or other security against a person other than the authorised officer or a person helping the officer.","sortOrder":816},{"sectionNumber":"sec.551","sectionType":"section","heading":"Seizure of number plates","content":"### sec.551 Seizure of number plates\n\nWithout limiting any other provision of this Chapter, a power under this Chapter for an authorised officer to seize a thing includes a power to seize a number plate for a heavy vehicle under subsection (2) or (3) .\nAn authorised officer may seize a number plate (whether or not displayed on a heavy vehicle) if the officer reasonably believes—\nthat the number plate is being used other than in accordance with an Australian road law; or\nthat the number plate was not issued in accordance with an Australian road law.\nAn authorised officer may seize a number plate if it is displayed on a heavy vehicle and the officer reasonably believes—\nthat the number plate does not bear the registration number last assigned to the vehicle; or\nthat—\nthe vehicle is not registered or exempted from registration; and\nthe period during which the registration of the vehicle may be renewed has expired.\nAn authorised officer may retain—\na number plate seized under subsection (2) until the officer is satisfied that it was not being so used and that it was issued in accordance with an Australian road law; or\na number plate seized under subsection (3) until the officer is satisfied that circumstances exist that allow it to be used without being subject to retention under this subsection.\nAn authorised officer must return a number plate seized under subsection (2) or (3) to—\nthe driver or operator of the vehicle, if the officer is satisfied as to the relevant matters referred to in subsection (4) ; or\nan appropriate authority, if the officer is not satisfied as to those matters after a reasonable period.\nThe national regulations may prescribe, or prescribe guidelines for determining, an appropriate authority for the purposes of subsection (5) .\nsch s 551 amd 2018 No. 10 s 29\n(sec.551-ssec.1) Without limiting any other provision of this Chapter, a power under this Chapter for an authorised officer to seize a thing includes a power to seize a number plate for a heavy vehicle under subsection (2) or (3) .\n(sec.551-ssec.2) An authorised officer may seize a number plate (whether or not displayed on a heavy vehicle) if the officer reasonably believes— that the number plate is being used other than in accordance with an Australian road law; or that the number plate was not issued in accordance with an Australian road law.\n(sec.551-ssec.3) An authorised officer may seize a number plate if it is displayed on a heavy vehicle and the officer reasonably believes— that the number plate does not bear the registration number last assigned to the vehicle; or that— the vehicle is not registered or exempted from registration; and the period during which the registration of the vehicle may be renewed has expired.\n(sec.551-ssec.4) An authorised officer may retain— a number plate seized under subsection (2) until the officer is satisfied that it was not being so used and that it was issued in accordance with an Australian road law; or a number plate seized under subsection (3) until the officer is satisfied that circumstances exist that allow it to be used without being subject to retention under this subsection.\n(sec.551-ssec.5) An authorised officer must return a number plate seized under subsection (2) or (3) to— the driver or operator of the vehicle, if the officer is satisfied as to the relevant matters referred to in subsection (4) ; or an appropriate authority, if the officer is not satisfied as to those matters after a reasonable period.\n(sec.551-ssec.6) The national regulations may prescribe, or prescribe guidelines for determining, an appropriate authority for the purposes of subsection (5) .\n- (a) that the number plate is being used other than in accordance with an Australian road law; or\n- (b) that the number plate was not issued in accordance with an Australian road law.\n- (a) that the number plate does not bear the registration number last assigned to the vehicle; or\n- (b) that— (i) the vehicle is not registered or exempted from registration; and (ii) the period during which the registration of the vehicle may be renewed has expired.\n- (i) the vehicle is not registered or exempted from registration; and\n- (ii) the period during which the registration of the vehicle may be renewed has expired.\n- (i) the vehicle is not registered or exempted from registration; and\n- (ii) the period during which the registration of the vehicle may be renewed has expired.\n- (a) a number plate seized under subsection (2) until the officer is satisfied that it was not being so used and that it was issued in accordance with an Australian road law; or\n- (b) a number plate seized under subsection (3) until the officer is satisfied that circumstances exist that allow it to be used without being subject to retention under this subsection.\n- (a) the driver or operator of the vehicle, if the officer is satisfied as to the relevant matters referred to in subsection (4) ; or\n- (b) an appropriate authority, if the officer is not satisfied as to those matters after a reasonable period.","sortOrder":817},{"sectionNumber":"sec.552","sectionType":"section","heading":"Restriction on power to seize certain things","content":"### sec.552 Restriction on power to seize certain things\n\nThis Chapter does not authorise an authorised officer to seize—\na heavy vehicle; or\na thing, or a thing of a class, prescribed by the national regulations.\nSubsection (1) does not apply if the Application Act of the participating jurisdiction in which the vehicle or thing is located provides that the heavy vehicle or thing can be impounded or seized under a law of that jurisdiction.\n(sec.552-ssec.1) This Chapter does not authorise an authorised officer to seize— a heavy vehicle; or a thing, or a thing of a class, prescribed by the national regulations.\n(sec.552-ssec.2) Subsection (1) does not apply if the Application Act of the participating jurisdiction in which the vehicle or thing is located provides that the heavy vehicle or thing can be impounded or seized under a law of that jurisdiction.\n- (a) a heavy vehicle; or\n- (b) a thing, or a thing of a class, prescribed by the national regulations.","sortOrder":818},{"sectionNumber":"sec.553","sectionType":"section","heading":"Requirement of person in control of thing to be seized","content":"### sec.553 Requirement of person in control of thing to be seized\n\nTo enable a thing to be seized under this Chapter, an authorised officer may require the person in control of it—\nto take it to a stated reasonable place by a stated reasonable time; and\nif necessary, to remain in control of it at the stated place for a stated reasonable period.\nThe requirement—\nmust be made by notice; or\nif for any reason it is not practicable to give a notice, may be made orally and confirmed by notice as soon as practicable.\nA person of whom a requirement is made under this section must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—$10000.\n(sec.553-ssec.1) To enable a thing to be seized under this Chapter, an authorised officer may require the person in control of it— to take it to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of it at the stated place for a stated reasonable period.\n(sec.553-ssec.2) The requirement— must be made by notice; or if for any reason it is not practicable to give a notice, may be made orally and confirmed by notice as soon as practicable.\n(sec.553-ssec.3) A person of whom a requirement is made under this section must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—$10000.\n- (a) to take it to a stated reasonable place by a stated reasonable time; and\n- (b) if necessary, to remain in control of it at the stated place for a stated reasonable period.\n- (a) must be made by notice; or\n- (b) if for any reason it is not practicable to give a notice, may be made orally and confirmed by notice as soon as practicable.","sortOrder":819},{"sectionNumber":"sec.554","sectionType":"section","heading":"Receipt for seized thing or sample","content":"### sec.554 Receipt for seized thing or sample\n\nThis section applies if an authorised officer seizes a thing or sample under this Chapter unless—\nit is impracticable or unreasonable for the officer to account for the thing or sample given its condition, nature and value; or\nfor a thing seized other than under section 549 —the officer reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned.\nThe authorised officer must, as soon as practicable after the thing or sample is seized, give the relevant person for the thing or sample a receipt that generally describes the thing or sample and its condition.\nHowever, for a thing seized other than under section 549 , if a relevant person for the thing is not present when the thing is seized, the receipt may be given by leaving it in a conspicuous position and in a reasonably secure way at the place at which the thing was seized.\nThe receipt may relate to more than 1 seized thing.\nIn this section—\nrelevant person means—\nfor a thing or sample seized under section 549 —\nan owner of the thing or sample; or\na person in possession of the thing, or the thing from which the sample was taken, before the thing or sample was taken for examination under section 500 (1) (c) ; or\nfor a thing seized under this Chapter other than under section 549 —\nan owner of the thing; or\na person in possession of the thing before it was seized.\n(sec.554-ssec.1) This section applies if an authorised officer seizes a thing or sample under this Chapter unless— it is impracticable or unreasonable for the officer to account for the thing or sample given its condition, nature and value; or for a thing seized other than under section 549 —the officer reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned.\n(sec.554-ssec.2) The authorised officer must, as soon as practicable after the thing or sample is seized, give the relevant person for the thing or sample a receipt that generally describes the thing or sample and its condition.\n(sec.554-ssec.3) However, for a thing seized other than under section 549 , if a relevant person for the thing is not present when the thing is seized, the receipt may be given by leaving it in a conspicuous position and in a reasonably secure way at the place at which the thing was seized.\n(sec.554-ssec.4) The receipt may relate to more than 1 seized thing.\n(sec.554-ssec.5) In this section— relevant person means— for a thing or sample seized under section 549 — an owner of the thing or sample; or a person in possession of the thing, or the thing from which the sample was taken, before the thing or sample was taken for examination under section 500 (1) (c) ; or for a thing seized under this Chapter other than under section 549 — an owner of the thing; or a person in possession of the thing before it was seized.\n- (a) it is impracticable or unreasonable for the officer to account for the thing or sample given its condition, nature and value; or\n- (b) for a thing seized other than under section 549 —the officer reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned.\n- (a) for a thing or sample seized under section 549 — (i) an owner of the thing or sample; or (ii) a person in possession of the thing, or the thing from which the sample was taken, before the thing or sample was taken for examination under section 500 (1) (c) ; or\n- (i) an owner of the thing or sample; or\n- (ii) a person in possession of the thing, or the thing from which the sample was taken, before the thing or sample was taken for examination under section 500 (1) (c) ; or\n- (b) for a thing seized under this Chapter other than under section 549 — (i) an owner of the thing; or (ii) a person in possession of the thing before it was seized.\n- (i) an owner of the thing; or\n- (ii) a person in possession of the thing before it was seized.\n- (i) an owner of the thing or sample; or\n- (ii) a person in possession of the thing, or the thing from which the sample was taken, before the thing or sample was taken for examination under section 500 (1) (c) ; or\n- (i) an owner of the thing; or\n- (ii) a person in possession of the thing before it was seized.","sortOrder":820},{"sectionNumber":"sec.555","sectionType":"section","heading":"Access to seized thing","content":"### sec.555 Access to seized thing\n\nUntil a thing seized under this Chapter is forfeited or returned, the authorised officer who seized the thing must allow any owner of the thing—\nto inspect it at any reasonable time and from time to time; and\nif it is a document—to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\nThe inspection or copying must be allowed free of charge.\n(sec.555-ssec.1) Until a thing seized under this Chapter is forfeited or returned, the authorised officer who seized the thing must allow any owner of the thing— to inspect it at any reasonable time and from time to time; and if it is a document—to copy it.\n(sec.555-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.555-ssec.3) The inspection or copying must be allowed free of charge.\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.","sortOrder":821},{"sectionNumber":"sec.556","sectionType":"section","heading":"Return of seized things or samples","content":"### sec.556 Return of seized things or samples\n\nThis section applies if—\nan authorised officer has seized a thing or sample under this Chapter; and\nthe thing or sample is not forfeited under Division 3 .\nIf an authorised officer is satisfied that—\nthe thing or sample is not required (or is no longer required) as evidence of an offence against this Law; and\nthe continued retention of the thing or sample is not necessary to prevent the thing or sample being used to continue, or repeat, an offence against this Law; and\nthe thing or sample is not subject to a dispute as to ownership, which would be appropriately resolved by making an application under subsection (3) for the return of the thing or sample;\nthe authorised officer must exercise reasonable diligence to return the thing or sample to the person from whom it was seized or to the owner if that person is not entitled to possess it.\nAn application for the return of the thing or sample may be made to the relevant tribunal or court by—\nthe person from whom it was seized; or\na person who claims to be the owner; or\nan authorised officer.\nIf the relevant tribunal or court is satisfied that—\nthe thing or sample is not required (or is no longer required) as evidence of an offence against this Law; and\nthe continued retention of the thing or sample is not necessary to prevent the thing or sample being used to continue, or repeat, an offence against this Law; and\nthere are no reasonable grounds to suspect that the thing or sample is likely to be used by any person in the commission of an offence of a kind prescribed by the national regulations for the purposes of this subsection;\nthe relevant tribunal or court may make an order for the return of the thing or sample to the person from whom it was seized or to the owner if that person is not entitled to possess it.\nThe national regulations may—\nprovide for the procedures to be followed when an application is made under subsection (3) ; and\nwithout limiting paragraph (a) —\nprovide for the notification of the Regulator or an authorised officer (or both) of the making of the application if it is made by a person who is not an authorised officer; and\nspecify the information that is to be included in the notification.\nNothing in this section affects a lien or other security over a thing.\nNothing in this section prevents the return of a thing or sample to its owner at any time if the Regulator considers there is no reason for its continued retention.\nsch s 556 amd 2016 No. 65 s 86\n(sec.556-ssec.1) This section applies if— an authorised officer has seized a thing or sample under this Chapter; and the thing or sample is not forfeited under Division 3 .\n(sec.556-ssec.2) If an authorised officer is satisfied that— the thing or sample is not required (or is no longer required) as evidence of an offence against this Law; and the continued retention of the thing or sample is not necessary to prevent the thing or sample being used to continue, or repeat, an offence against this Law; and the thing or sample is not subject to a dispute as to ownership, which would be appropriately resolved by making an application under subsection (3) for the return of the thing or sample; the authorised officer must exercise reasonable diligence to return the thing or sample to the person from whom it was seized or to the owner if that person is not entitled to possess it.\n(sec.556-ssec.3) An application for the return of the thing or sample may be made to the relevant tribunal or court by— the person from whom it was seized; or a person who claims to be the owner; or an authorised officer.\n(sec.556-ssec.4) If the relevant tribunal or court is satisfied that— the thing or sample is not required (or is no longer required) as evidence of an offence against this Law; and the continued retention of the thing or sample is not necessary to prevent the thing or sample being used to continue, or repeat, an offence against this Law; and there are no reasonable grounds to suspect that the thing or sample is likely to be used by any person in the commission of an offence of a kind prescribed by the national regulations for the purposes of this subsection; the relevant tribunal or court may make an order for the return of the thing or sample to the person from whom it was seized or to the owner if that person is not entitled to possess it.\n(sec.556-ssec.5) The national regulations may— provide for the procedures to be followed when an application is made under subsection (3) ; and without limiting paragraph (a) — provide for the notification of the Regulator or an authorised officer (or both) of the making of the application if it is made by a person who is not an authorised officer; and specify the information that is to be included in the notification.\n(sec.556-ssec.6) Nothing in this section affects a lien or other security over a thing.\n(sec.556-ssec.7) Nothing in this section prevents the return of a thing or sample to its owner at any time if the Regulator considers there is no reason for its continued retention.\n- (a) an authorised officer has seized a thing or sample under this Chapter; and\n- (b) the thing or sample is not forfeited under Division 3 .\n- (a) the thing or sample is not required (or is no longer required) as evidence of an offence against this Law; and\n- (b) the continued retention of the thing or sample is not necessary to prevent the thing or sample being used to continue, or repeat, an offence against this Law; and\n- (c) the thing or sample is not subject to a dispute as to ownership, which would be appropriately resolved by making an application under subsection (3) for the return of the thing or sample;\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- (a) the thing or sample is not required (or is no longer required) as evidence of an offence against this Law; and\n- (b) the continued retention of the thing or sample is not necessary to prevent the thing or sample being used to continue, or repeat, an offence against this Law; and\n- (c) there are no reasonable grounds to suspect that the thing or sample is likely to be used by any person in the commission of an offence of a kind prescribed by the national regulations for the purposes of this subsection;\n- (a) provide for the procedures to be followed when an application is made under subsection (3) ; and\n- (b) without limiting paragraph (a) — (i) provide for the notification of the Regulator or an authorised officer (or both) of the making of the application if it is made by a person who is not an authorised officer; and (ii) specify the information that is to be included in the notification.\n- (i) provide for the notification of the Regulator or an authorised officer (or both) of the making of the application if it is made by a person who is not an authorised officer; and\n- (ii) specify the information that is to be included in the notification.\n- (i) provide for the notification of the Regulator or an authorised officer (or both) of the making of the application if it is made by a person who is not an authorised officer; and\n- (ii) specify the information that is to be included in the notification.","sortOrder":822},{"sectionNumber":"sec.557","sectionType":"section","heading":"Power to issue embargo notice","content":"### sec.557 Power to issue embargo notice\n\nThis section applies if—\nan authorised officer may seize a thing under this Chapter; and\nthe thing can not, or can not readily, be physically seized and removed.\nThe authorised officer may issue a notice (an embargo notice ) under this section prohibiting any dealing with the thing or any part of it without the written consent of the Regulator or an authorised officer.\nThe embargo notice—\nmust be in the approved form; and\nmust list the activities it prohibits; and\nmust include a copy of section 558 .\nThe authorised officer may issue the embargo notice—\nby causing a copy of it to be served on the relevant entity; or\nif a relevant entity can not be located after the authorised officer exercises reasonable diligence to do so, by fixing a copy of the notice on the thing the subject of the notice in a conspicuous position and in a reasonably secure way.\nIn this section—\ndealing , with a thing or part of a thing, includes—\nmoving, selling, leasing or transferring the thing or part; and\nchanging information on, or deleting information from, the thing or part.\nrelevant entity , for an embargo notice, means—\nthe driver of the heavy vehicle to which the thing the subject of the notice relates; or\nthe occupier of the place in which the thing the subject of the notice is located.\nsch s 557 amd 2016 No. 65 s 87\n(sec.557-ssec.1) This section applies if— an authorised officer may seize a thing under this Chapter; and the thing can not, or can not readily, be physically seized and removed.\n(sec.557-ssec.2) The authorised officer may issue a notice (an embargo notice ) under this section prohibiting any dealing with the thing or any part of it without the written consent of the Regulator or an authorised officer.\n(sec.557-ssec.3) The embargo notice— must be in the approved form; and must list the activities it prohibits; and must include a copy of section 558 .\n(sec.557-ssec.4) The authorised officer may issue the embargo notice— by causing a copy of it to be served on the relevant entity; or if a relevant entity can not be located after the authorised officer exercises reasonable diligence to do so, by fixing a copy of the notice on the thing the subject of the notice in a conspicuous position and in a reasonably secure way.\n(sec.557-ssec.5) In this section— dealing , with a thing or part of a thing, includes— moving, selling, leasing or transferring the thing or part; and changing information on, or deleting information from, the thing or part. relevant entity , for an embargo notice, means— the driver of the heavy vehicle to which the thing the subject of the notice relates; or the occupier of the place in which the thing the subject of the notice is located.\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 removed.\n- (a) must be in the approved form; and\n- (b) must list the activities it prohibits; and\n- (c) must include a copy of section 558 .\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 exercises reasonable diligence to do so, by fixing a copy of the notice on the thing the subject of the notice in a conspicuous position and in a reasonably secure way.\n- (a) moving, selling, leasing or transferring the thing or part; and\n- (b) changing information on, or deleting information from, the thing or part.\n- (a) the driver of the heavy vehicle to which the thing the subject of the notice relates; or\n- (b) the occupier of the place in which the thing the subject of the notice is located.","sortOrder":823},{"sectionNumber":"sec.558","sectionType":"section","heading":"Noncompliance with embargo notice","content":"### sec.558 Noncompliance with embargo notice\n\nA person (the relevant person ) who knows an embargo notice relates to a thing must not—\ndo anything the notice prohibits; or\ninstruct someone else (the other person ) to do anything the notice prohibits—\nanyone from doing; or\nthe relevant person or other person from doing.\nMaximum penalty—$10000.\nIn a proceeding for an offence against subsection (1) to the extent it relates to a charge that the person charged with the offence ( defendant ) moved an embargoed thing, or a part of an embargoed thing, it is a defence for the defendant to prove that he or she—\nmoved the embargoed thing, or part, to protect or preserve it; and\nnotified the authorised officer who issued the embargo notice of the move and new location of the embargoed thing, or part, within 48 hours after the move.\nA person served with an embargo notice must ensure, so far as is reasonably practicable, another person does not do anything prohibited by the notice.\nMaximum penalty—$10000.\nDespite any other Act or law, a sale, lease, transfer or other dealing with an embargoed thing in contravention of this section is void.\nsch s 558 amd 2016 No. 65 s 88\n(sec.558-ssec.1) A person (the relevant person ) who knows an embargo notice relates to a thing must not— do anything the notice prohibits; or instruct someone else (the other person ) to do anything the notice prohibits— anyone from doing; or the relevant person or other person from doing. Maximum penalty—$10000.\n(sec.558-ssec.2) In a proceeding for an offence against subsection (1) to the extent it relates to a charge that the person charged with the offence ( defendant ) moved an embargoed thing, or a part of an embargoed thing, it is a defence for the defendant to prove that he or she— moved the embargoed thing, or part, to protect or preserve it; and notified the authorised officer who issued the embargo notice of the move and new location of the embargoed thing, or part, within 48 hours after the move.\n(sec.558-ssec.3) A person served with an embargo notice must ensure, so far as is reasonably practicable, another person does not do anything prohibited by the notice. Maximum penalty—$10000.\n(sec.558-ssec.4) Despite any other Act or law, a sale, lease, transfer or other dealing with an embargoed thing in contravention of this section is void.\n- (a) do anything the notice prohibits; or\n- (b) instruct someone else (the other person ) to do anything the notice prohibits— (i) anyone from doing; or (ii) the relevant person or other person from doing.\n- (i) anyone from doing; or\n- (ii) the relevant person or other person from doing.\n- (i) anyone from doing; or\n- (ii) the relevant person or other person from doing.\n- (a) moved the embargoed thing, or part, to protect or preserve it; and\n- (b) notified the authorised officer who issued the embargo notice of the move and new location of the embargoed thing, or part, within 48 hours after the move.","sortOrder":824},{"sectionNumber":"sec.559","sectionType":"section","heading":"Power to secure embargoed thing","content":"### sec.559 Power to secure embargoed thing\n\nAn authorised officer may take reasonable action to restrict access to an embargoed thing.\nFor the purposes of subsection (1) , the authorised officer may, for example—\nseal the embargoed thing, or the entrance to the place where the embargoed thing is located, and mark the thing or place to show access to the thing or place is restricted; or\nfor equipment—make it inoperable; or\ndismantling equipment or removing a component of equipment without which the equipment can not be used\nrequire a person the authorised officer reasonably believes is in control of the embargoed thing, or the place where the embargoed thing is located, to do an act mentioned in paragraph (a) or (b) or anything else an authorised officer could do under subsection (1) .\nA person of whom a requirement is made under subsection (2) (c) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—$10000.\nIf access to an embargoed thing is restricted under this section, a person must not tamper with the thing or with anything used to restrict access to the thing without—\nan authorised officer’s approval; or\na reasonable excuse.\nMaximum penalty—$10000.\nIf access to a place is restricted under this section, a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without—\nan authorised officer’s approval; or\na reasonable excuse.\nMaximum penalty—$10000.\nThe restricted access to an embargoed thing, or a place where an embargoed thing is located, under this section applies only for the period the thing is an embargoed thing.\n(sec.559-ssec.1) An authorised officer may take reasonable action to restrict access to an embargoed thing.\n(sec.559-ssec.2) For the purposes of subsection (1) , the authorised officer may, for example— seal the embargoed thing, or the entrance to the place where the embargoed thing is located, and mark the thing or place to show access to the thing or place is restricted; or for equipment—make it inoperable; or dismantling equipment or removing a component of equipment without which the equipment can not be used require a person the authorised officer reasonably believes is in control of the embargoed thing, or the place where the embargoed thing is located, to do an act mentioned in paragraph (a) or (b) or anything else an authorised officer could do under subsection (1) .\n(sec.559-ssec.3) A person of whom a requirement is made under subsection (2) (c) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—$10000.\n(sec.559-ssec.4) If access to an embargoed thing is restricted under this section, a person must not tamper with the thing or with anything used to restrict access to the thing without— an authorised officer’s approval; or a reasonable excuse. Maximum penalty—$10000.\n(sec.559-ssec.5) If access to a place is restricted under this section, a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without— an authorised officer’s approval; or a reasonable excuse. Maximum penalty—$10000.\n(sec.559-ssec.6) The restricted access to an embargoed thing, or a place where an embargoed thing is located, under this section applies only for the period the thing is an embargoed thing.\n- (a) seal the embargoed thing, or the entrance to the place where the embargoed thing is located, and mark the thing or place to show access to the thing or place is restricted; or\n- (b) for equipment—make it inoperable; or Example— dismantling equipment or removing a component of equipment without which the equipment can not be used\n- (c) require a person the authorised officer reasonably believes is in control of the embargoed thing, or the place where the embargoed thing is located, to do an act mentioned in paragraph (a) or (b) or anything else an authorised officer could do under subsection (1) .\n- (a) an authorised officer’s approval; or\n- (b) a reasonable excuse.\n- (a) an authorised officer’s approval; or\n- (b) a reasonable excuse.","sortOrder":825},{"sectionNumber":"sec.560","sectionType":"section","heading":"Withdrawal of embargo notice","content":"### sec.560 Withdrawal of embargo notice\n\nThis section applies if—\nan authorised officer has issued an embargo notice for a thing; and\nthe thing has not been forfeited under Division 3 .\nThe authorised officer must withdraw the embargo notice—\ngenerally—at the end of 3 months after it is issued; or\nif a relevant tribunal or court has made an order under subsection (5) extending the time for withdrawing the notice—at the end of the extended time; or\nif a proceeding for an offence involving the thing is started before the notice must be withdrawn under paragraph (a) or (b) —at the end of the proceeding and any appeal from the proceeding.\nDespite subsection (2) , if the embargo notice is issued on the basis that the thing may provide evidence of an offence against this Law, the authorised officer must as soon as practicable withdraw the notice if the officer is satisfied—\nthe thing is no longer required as evidence of an offence against this Law; and\nit is not necessary for the notice to continue to prevent the thing being used to continue, or repeat, the offence.\nAn authorised officer may apply to a relevant tribunal or court within 3 months after the embargo notice is issued for an extension of the time by which the notice must be withdrawn under this section.\nThe relevant tribunal or court may order the extension if it is satisfied the continued operation of the embargo notice is necessary for investigation purposes.\n(sec.560-ssec.1) This section applies if— an authorised officer has issued an embargo notice for a thing; and the thing has not been forfeited under Division 3 .\n(sec.560-ssec.2) The authorised officer must withdraw the embargo notice— generally—at the end of 3 months after it is issued; or if a relevant tribunal or court has made an order under subsection (5) extending the time for withdrawing the notice—at the end of the extended time; or if a proceeding for an offence involving the thing is started before the notice must be withdrawn under paragraph (a) or (b) —at the end of the proceeding and any appeal from the proceeding.\n(sec.560-ssec.3) Despite subsection (2) , if the embargo notice is issued on the basis that the thing may provide evidence of an offence against this Law, the authorised officer must as soon as practicable withdraw the notice if the officer is satisfied— the thing is no longer required as evidence of an offence against this Law; and it is not necessary for the notice to continue to prevent the thing being used to continue, or repeat, the offence.\n(sec.560-ssec.4) An authorised officer may apply to a relevant tribunal or court within 3 months after the embargo notice is issued for an extension of the time by which the notice must be withdrawn under this section.\n(sec.560-ssec.5) The relevant tribunal or court may order the extension if it is satisfied the continued operation of the embargo notice is necessary for investigation purposes.\n- (a) an authorised officer has issued an embargo notice for a thing; and\n- (b) the thing has not been forfeited under Division 3 .\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 (5) extending the time for withdrawing the notice—at the end of the extended time; or\n- (c) if a proceeding for an offence involving the thing is started before the notice must be withdrawn under paragraph (a) or (b) —at the end of the proceeding and any appeal from the proceeding.\n- (a) the thing is no longer required as evidence of an offence against this Law; and\n- (b) it is not necessary for the notice to continue to prevent the thing being used to continue, or repeat, the offence.","sortOrder":826},{"sectionNumber":"sch-inc-ch.9-pt.9.4-div.3","sectionType":"division","heading":"Forfeiture and transfers","content":"## Forfeiture and transfers","sortOrder":827},{"sectionNumber":"sec.561","sectionType":"section","heading":"Power to forfeit particular things or samples","content":"### sec.561 Power to forfeit particular things or samples\n\nIf, under this Chapter, a thing or sample is taken for examination by an authorised officer or a person authorised by an authorised officer, or a thing or sample is seized by an authorised officer, the Regulator may decide it is forfeited to the Regulator if an authorised officer—\nafter making reasonable inquiries, can not find its owner; or\nafter making reasonable efforts, can not return it to its owner.\nHowever, the authorised officer is not required to—\nmake inquiries if it would be unreasonable to make inquiries to find the owner; or\nmake efforts if it would be unreasonable to make efforts to return the thing or sample to its owner.\nthe owner of the thing or sample has migrated to another country\nRegard must be had to the thing’s or sample’s condition, nature and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\nA thing or sample seized under this Chapter by a police officer can not be forfeited to the Regulator but must be dealt with under—\nthe national regulations, except as provided by paragraph (b) ; or\napplicable legislation of the relevant State or Territory.\n(sec.561-ssec.1) If, under this Chapter, a thing or sample is taken for examination by an authorised officer or a person authorised by an authorised officer, or a thing or sample is seized by an authorised officer, the Regulator may decide it is forfeited to the Regulator if an authorised officer— after making reasonable inquiries, can not find its owner; or after making reasonable efforts, can not return it to its owner.\n(sec.561-ssec.2) However, the authorised officer is not required to— make inquiries if it would be unreasonable to make inquiries to find the owner; or make efforts if it would be unreasonable to make efforts to return the thing or sample to its owner. the owner of the thing or sample has migrated to another country\n(sec.561-ssec.3) Regard must be had to the thing’s or sample’s condition, nature and value in deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.561-ssec.4) A thing or sample seized under this Chapter by a police officer can not be forfeited to the Regulator but must be dealt with under— the national regulations, except as provided by paragraph (b) ; or applicable legislation of the relevant State or Territory.\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- (a) make inquiries if it would be unreasonable to make inquiries to find the owner; or\n- (b) make efforts if it would be unreasonable to make efforts to return the thing or sample to its owner. Example for the purposes of paragraph (b) — the owner of the thing or sample has migrated to another country\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) the national regulations, except as provided by paragraph (b) ; or\n- (b) applicable legislation of the relevant State or Territory.","sortOrder":828},{"sectionNumber":"sec.562","sectionType":"section","heading":"Information notice for forfeiture decision","content":"### sec.562 Information notice for forfeiture decision\n\nIf the Regulator decides under section 561 (1) to forfeit a thing or sample, the Regulator must as soon as practicable give an information notice for the decision to—\nthe person from whom the thing or sample was seized; and\nthe person who was the owner of the thing or sample immediately before the forfeiture; and\neach person having a registered interest in the thing or sample.\nThe information notice may be given—\nby post; or\nin the case of the person from whom the thing or sample was seized, by leaving the notice in a conspicuous position and in a reasonably secure way at—\nfor a thing or sample taken for examination, whether or not it is seized under section 549 —the place where the thing or sample was taken; or\nfor a thing or sample seized under this Chapter other than under section 549 —the place where the thing or sample was seized.\nHowever, subsection (2) (b) does not apply if the place is—\na public place; or\na place where the notice is unlikely to be read by the person for whom it is intended.\n(sec.562-ssec.1) If the Regulator decides under section 561 (1) to forfeit a thing or sample, the Regulator must as soon as practicable give an information notice for the decision to— the person from whom the thing or sample was seized; and the person who was the owner of the thing or sample immediately before the forfeiture; and each person having a registered interest in the thing or sample.\n(sec.562-ssec.2) The information notice may be given— by post; or in the case of the person from whom the thing or sample was seized, by leaving the notice in a conspicuous position and in a reasonably secure way at— for a thing or sample taken for examination, whether or not it is seized under section 549 —the place where the thing or sample was taken; or for a thing or sample seized under this Chapter other than under section 549 —the place where the thing or sample was seized.\n(sec.562-ssec.3) However, subsection (2) (b) does not apply if the place is— a public place; or a place where the notice is unlikely to be read by the person for whom it is intended.\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 immediately before the forfeiture; and\n- (c) each person having a registered interest in the thing or sample.\n- (a) by post; or\n- (b) in the case of the person from whom the thing or sample was seized, by leaving the notice in a conspicuous position and in a reasonably secure way at— (i) for a thing or sample taken for examination, whether or not it is seized under section 549 —the place where the thing or sample was taken; or (ii) for a thing or sample seized under this Chapter other than under section 549 —the place where the thing or sample was seized.\n- (i) for a thing or sample taken for examination, whether or not it is seized under section 549 —the place where the thing or sample was taken; or\n- (ii) for a thing or sample seized under this Chapter other than under section 549 —the place where the thing or sample was seized.\n- (i) for a thing or sample taken for examination, whether or not it is seized under section 549 —the place where the thing or sample was taken; or\n- (ii) for a thing or sample seized under this Chapter other than under section 549 —the place where the thing or sample was seized.\n- (a) a public place; or\n- (b) a place where the notice is unlikely to be read by the person for whom it is intended.","sortOrder":829},{"sectionNumber":"sec.563","sectionType":"section","heading":"Forfeited or transferred thing or sample becomes property of the Regulator","content":"### sec.563 Forfeited or transferred thing or sample becomes property of the Regulator\n\nA thing or sample becomes the property of the Regulator if—\nthe thing or sample is forfeited to the Regulator under section 561 (1) ; or\nthe owner of the thing or sample and the Regulator agree, in writing, to the transfer of the ownership of the thing or sample to the Regulator.\n- (a) the thing or sample is forfeited to the Regulator under section 561 (1) ; or\n- (b) the owner of the thing or sample and the Regulator agree, in writing, to the transfer of the ownership of the thing or sample to the Regulator.","sortOrder":830},{"sectionNumber":"sec.564","sectionType":"section","heading":"How property may be dealt with","content":"### sec.564 How property may be dealt with\n\nThis section applies if, under section 563 , a thing or sample becomes the property of the Regulator.\nThe Regulator may take action under this section after giving 28 days’ notice of the intention to do so to—\nthe person from whom the thing or sample was seized; and\nthe person who was the owner of the thing or sample immediately before the forfeiture; and\neach person having a registered interest in the thing or sample.\nThe Regulator may deal with the thing or sample as the Regulator considers appropriate, including, for example, by destroying it or giving it away.\nThe Regulator must not deal with the thing or sample in a way that could prejudice the outcome of a review of the decision to forfeit the thing or sample, or an appeal against the decision on that review, under this Law.\nIf the Regulator sells the thing or sample, the Regulator may, after deducting the costs of the sale, return the proceeds of the sale to the person who was the owner of the thing or sample immediately before the forfeiture.\n(sec.564-ssec.1) This section applies if, under section 563 , a thing or sample becomes the property of the Regulator.\n(sec.564-ssec.2) The Regulator may take action under this section after giving 28 days’ notice of the intention to do so to— the person from whom the thing or sample was seized; and the person who was the owner of the thing or sample immediately before the forfeiture; and each person having a registered interest in the thing or sample.\n(sec.564-ssec.3) The Regulator may deal with the thing or sample as the Regulator considers appropriate, including, for example, by destroying it or giving it away.\n(sec.564-ssec.4) The Regulator must not deal with the thing or sample in a way that could prejudice the outcome of a review of the decision to forfeit the thing or sample, or an appeal against the decision on that review, under this Law.\n(sec.564-ssec.5) If the Regulator sells the thing or sample, the Regulator may, after deducting the costs of the sale, return the proceeds of the sale to the person who was the owner of the thing or sample immediately before the forfeiture.\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 immediately before the forfeiture; and\n- (c) each person having a registered interest in the thing or sample.","sortOrder":831},{"sectionNumber":"sec.565","sectionType":"section","heading":"Third party protection","content":"### sec.565 Third party protection\n\nThis section applies if, under section 563 , a thing or sample becomes the property of the Regulator and applies to the following parties—\nthe owner of the thing or sample, except where the owner gave consent under section 563 (b) ;\na person who has a registered interest in the thing or sample.\nA party mentioned in subsection (1) may apply to a relevant tribunal or court for an order—\nthat ownership of the thing or sample be transferred to the applicant, if the applicant had full ownership of the thing or sample immediately before the thing or sample became the property of the Regulator under section 561 ; or\nthat, if the applicant had a registered interest in the thing or sample immediately before it became the property of the Regulator—\nthe thing or sample be sold; and\nthe Regulator pay to the applicant, and any other persons with a registered interest in the thing or sample, an amount commensurate with the value of their respective interest.\nIf the thing or sample has been sold or otherwise disposed of, the Regulator must pay to—\nan applicant who had a registered interest in the thing or sample immediately before the thing or sample was sold or otherwise disposed of, an amount commensurate with the value of the applicant’s interest; or\nan applicant who was an owner of the thing or sample, the amount obtained through its sale or disposal.\nLeave of the relevant tribunal or court is required to bring an application if 6 months or more have elapsed since the thing or sample became the property of the Regulator.\nThe relevant tribunal or court may grant leave under subsection (4) only if it is satisfied that the delay in making the application was not due to the applicant’s neglect.\nThe relevant tribunal or court may make an order—\ndeclaring the nature, extent and, if necessary for the order, the value (at the time the declaration is made) of the applicant’s registered interest; and\ndirecting the Regulator—\nif the thing or sample is vested in the Regulator and the applicant has full ownership of the thing or sample, to transfer ownership of the thing or sample to the applicant; or\nif the thing or sample is no longer vested in the Regulator, or if the applicant does not have full ownership of the thing or sample, to pay to the applicant the value of the applicant’s registered interest in the thing or sample.\nThe relevant tribunal or court may make an order under subsection (6) only if it is satisfied that the offence with respect to which the thing or sample was seized occurred without the knowledge or consent of the applicant.\nAny amount to be paid under this section is to be paid out of the proceeds (if any) of the sale of the thing or sample.\nThe Regulator may deduct any reasonable costs incurred in dealing with the thing or sample from an amount ordered to be paid under this section.\n(sec.565-ssec.1) This section applies if, under section 563 , a thing or sample becomes the property of the Regulator and applies to the following parties— the owner of the thing or sample, except where the owner gave consent under section 563 (b) ; a person who has a registered interest in the thing or sample.\n(sec.565-ssec.2) A party mentioned in subsection (1) may apply to a relevant tribunal or court for an order— that ownership of the thing or sample be transferred to the applicant, if the applicant had full ownership of the thing or sample immediately before the thing or sample became the property of the Regulator under section 561 ; or that, if the applicant had a registered interest in the thing or sample immediately before it became the property of the Regulator— the thing or sample be sold; and the Regulator pay to the applicant, and any other persons with a registered interest in the thing or sample, an amount commensurate with the value of their respective interest.\n(sec.565-ssec.3) If the thing or sample has been sold or otherwise disposed of, the Regulator must pay to— an applicant who had a registered interest in the thing or sample immediately before the thing or sample was sold or otherwise disposed of, an amount commensurate with the value of the applicant’s interest; or an applicant who was an owner of the thing or sample, the amount obtained through its sale or disposal.\n(sec.565-ssec.4) Leave of the relevant tribunal or court is required to bring an application if 6 months or more have elapsed since the thing or sample became the property of the Regulator.\n(sec.565-ssec.5) The relevant tribunal or court may grant leave under subsection (4) only if it is satisfied that the delay in making the application was not due to the applicant’s neglect.\n(sec.565-ssec.6) The relevant tribunal or court may make an order— declaring the nature, extent and, if necessary for the order, the value (at the time the declaration is made) of the applicant’s registered interest; and directing the Regulator— if the thing or sample is vested in the Regulator and the applicant has full ownership of the thing or sample, to transfer ownership of the thing or sample to the applicant; or if the thing or sample is no longer vested in the Regulator, or if the applicant does not have full ownership of the thing or sample, to pay to the applicant the value of the applicant’s registered interest in the thing or sample.\n(sec.565-ssec.7) The relevant tribunal or court may make an order under subsection (6) only if it is satisfied that the offence with respect to which the thing or sample was seized occurred without the knowledge or consent of the applicant.\n(sec.565-ssec.8) Any amount to be paid under this section is to be paid out of the proceeds (if any) of the sale of the thing or sample.\n(sec.565-ssec.9) The Regulator may deduct any reasonable costs incurred in dealing with the thing or sample from an amount ordered to be paid under this section.\n- (a) the owner of the thing or sample, except where the owner gave consent under section 563 (b) ;\n- (b) a person who has a registered interest in the thing or sample.\n- (a) that ownership of the thing or sample be transferred to the applicant, if the applicant had full ownership of the thing or sample immediately before the thing or sample became the property of the Regulator under section 561 ; or\n- (b) that, if the applicant had a registered interest in the thing or sample immediately before it became the property of the Regulator— (i) the thing or sample be sold; and (ii) the Regulator pay to the applicant, and any other persons with a registered interest in the thing or sample, an amount commensurate with the value of their respective interest.\n- (i) the thing or sample be sold; and\n- (ii) the Regulator pay to the applicant, and any other persons with a registered interest in the thing or sample, an amount commensurate with the value of their respective interest.\n- (i) the thing or sample be sold; and\n- (ii) the Regulator pay to the applicant, and any other persons with a registered interest in the thing or sample, an amount commensurate with the value of their respective interest.\n- (a) an applicant who had a registered interest in the thing or sample immediately before the thing or sample was sold or otherwise disposed of, an amount commensurate with the value of the applicant’s interest; or\n- (b) an applicant who was an owner of the thing or sample, the amount obtained through its sale or disposal.\n- (a) declaring the nature, extent and, if necessary for the order, the value (at the time the declaration is made) of the applicant’s registered interest; and\n- (b) directing the Regulator— (i) if the thing or sample is vested in the Regulator and the applicant has full ownership of the thing or sample, to transfer ownership of the thing or sample to the applicant; or (ii) if the thing or sample is no longer vested in the Regulator, or if the applicant does not have full ownership of the thing or sample, to pay to the applicant the value of the applicant’s registered interest in the thing or sample.\n- (i) if the thing or sample is vested in the Regulator and the applicant has full ownership of the thing or sample, to transfer ownership of the thing or sample to the applicant; or\n- (ii) if the thing or sample is no longer vested in the Regulator, or if the applicant does not have full ownership of the thing or sample, to pay to the applicant the value of the applicant’s registered interest in the thing or sample.\n- (i) if the thing or sample is vested in the Regulator and the applicant has full ownership of the thing or sample, to transfer ownership of the thing or sample to the applicant; or\n- (ii) if the thing or sample is no longer vested in the Regulator, or if the applicant does not have full ownership of the thing or sample, to pay to the applicant the value of the applicant’s registered interest in the thing or sample.","sortOrder":832},{"sectionNumber":"sec.566","sectionType":"section","heading":"National regulations","content":"### sec.566 National regulations\n\nThe national regulations may prescribe—\nthe circumstances in which the Regulator must apply to the Registrar of Personal Property Securities under the Personal Property Securities Act 2009 of the Commonwealth to register, amend or cancel an instrument in relation to a sample or thing referred to in this Division; and\nthe priority in which the proceeds of the disposal of anything under this Division are to be applied.\n- (a) the circumstances in which the Regulator must apply to the Registrar of Personal Property Securities under the Personal Property Securities Act 2009 of the Commonwealth to register, amend or cancel an instrument in relation to a sample or thing referred to in this Division; and\n- (b) the priority in which the proceeds of the disposal of anything under this Division are to be applied.","sortOrder":833},{"sectionNumber":"sch-inc-ch.9-pt.9.4-div.4","sectionType":"division","heading":"Information-gathering powers","content":"## Information-gathering powers","sortOrder":834},{"sectionNumber":"sec.567","sectionType":"section","heading":"Power to require name, address and date of birth","content":"### sec.567 Power to require name, address and date of birth\n\nThis section applies if an authorised officer—\nfinds a person committing an offence against this Law; or\nfinds a person in circumstances that lead the officer to reasonably suspect the person has committed an offence against this Law; or\nhas information that leads the officer to reasonably suspect a person has committed an offence against this Law; or\nreasonably suspects a person is or was the driver of or other person in charge of a heavy vehicle that has been or may have been involved in an incident involving the death of, or injury to, a person or damage to property; or\nreasonably suspects a person is or may be a responsible person for a heavy vehicle; or\nreasonably suspects a person is or may be able to help in the investigation of an offence against this Law.\nThe authorised officer may require the person to state the person’s name, address and date of birth.\nThe authorised officer may also require the person to give evidence of the correctness of the stated name, address or date of birth if—\nthe officer reasonably suspects that the stated name, address or date of birth is incorrect; and\nin the circumstances, it would be reasonable to expect the person to—\nbe in possession of evidence of the correctness of the stated name, address or date of birth; or\notherwise be able to give the evidence.\nA person of whom a requirement is made under subsection (2) or (3) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—$3000.\nIf a person of whom a requirement is made under subsection (2) or (3) requests, when the requirement is made, the authorised officer to produce the officer’s identification details, the officer must as soon as practicable produce for the inspection of the person—\nfor an authorised officer who is a police officer—an identity card or other document evidencing the officer’s appointment as a police officer; or\nfor an authorised officer who is not a police officer—the identity card issued to the officer under this Law or another document evidencing the officer’s appointment as an authorised officer.\nSubsection (5) (a) does not apply to a police officer in uniform.\nIn a proceeding for an offence of contravening a requirement made under subsection (2) to state a business address, it is a defence for the person charged to prove that—\nthe person did not have a business address; or\nthe person’s business address was not connected, directly or indirectly, with road transport involving heavy vehicles.\nThis section does not authorise an authorised officer to impose a requirement under this section in relation to an incident that involves the death of, or injury to, a person unless the authorised officer is a police officer.\nIn this section—\naddress , of a person, includes the person’s residential and business address and, for a person temporarily in this jurisdiction, includes the place where the person is living in this jurisdiction.\nsch s 567 sub 2013 No. 4 s 12\n(sec.567-ssec.1) This section applies if an authorised officer— finds a person committing an offence against this Law; or finds a person in circumstances that lead the officer to reasonably suspect the person has committed an offence against this Law; or has information that leads the officer to reasonably suspect a person has committed an offence against this Law; or reasonably suspects a person is or was the driver of or other person in charge of a heavy vehicle that has been or may have been involved in an incident involving the death of, or injury to, a person or damage to property; or reasonably suspects a person is or may be a responsible person for a heavy vehicle; or reasonably suspects a person is or may be able to help in the investigation of an offence against this Law.\n(sec.567-ssec.2) The authorised officer may require the person to state the person’s name, address and date of birth.\n(sec.567-ssec.3) The authorised officer may also require the person to give evidence of the correctness of the stated name, address or date of birth if— the officer reasonably suspects that the stated name, address or date of birth is incorrect; and in the circumstances, it would be reasonable to expect the person to— be in possession of evidence of the correctness of the stated name, address or date of birth; or otherwise be able to give the evidence.\n(sec.567-ssec.4) A person of whom a requirement is made under subsection (2) or (3) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—$3000.\n(sec.567-ssec.5) If a person of whom a requirement is made under subsection (2) or (3) requests, when the requirement is made, the authorised officer to produce the officer’s identification details, the officer must as soon as practicable produce for the inspection of the person— for an authorised officer who is a police officer—an identity card or other document evidencing the officer’s appointment as a police officer; or for an authorised officer who is not a police officer—the identity card issued to the officer under this Law or another document evidencing the officer’s appointment as an authorised officer.\n(sec.567-ssec.6) Subsection (5) (a) does not apply to a police officer in uniform.\n(sec.567-ssec.7) In a proceeding for an offence of contravening a requirement made under subsection (2) to state a business address, it is a defence for the person charged to prove that— the person did not have a business address; or the person’s business address was not connected, directly or indirectly, with road transport involving heavy vehicles.\n(sec.567-ssec.8) This section does not authorise an authorised officer to impose a requirement under this section in relation to an incident that involves the death of, or injury to, a person unless the authorised officer is a police officer.\n(sec.567-ssec.9) In this section— address , of a person, includes the person’s residential and business address and, for a person temporarily in this jurisdiction, includes the place where the person is living in this jurisdiction.\n- (a) finds a person committing an offence against this Law; or\n- (b) finds a person in circumstances that lead the officer to reasonably suspect the person has committed an offence against this Law; or\n- (c) has information that leads the officer to reasonably suspect a person has committed an offence against this Law; or\n- (d) reasonably suspects a person is or was the driver of or other person in charge of a heavy vehicle that has been or may have been involved in an incident involving the death of, or injury to, a person or damage to property; or\n- (e) reasonably suspects a person is or may be a responsible person for a heavy vehicle; or\n- (f) reasonably suspects a person is or may be able to help in the investigation of an offence against this Law.\n- (a) the officer reasonably suspects that the stated name, address or date of birth is incorrect; and\n- (b) in the circumstances, it would be reasonable to expect the person to— (i) be in possession of evidence of the correctness of the stated name, address or date of birth; or (ii) otherwise be able to give the evidence.\n- (i) be in possession of evidence of the correctness of the stated name, address or date of birth; or\n- (ii) otherwise be able to give the evidence.\n- (i) be in possession of evidence of the correctness of the stated name, address or date of birth; or\n- (ii) otherwise be able to give the evidence.\n- (a) for an authorised officer who is a police officer—an identity card or other document evidencing the officer’s appointment as a police officer; or\n- (b) for an authorised officer who is not a police officer—the identity card issued to the officer under this Law or another document evidencing the officer’s appointment as an authorised officer.\n- (a) the person did not have a business address; or\n- (b) the person’s business address was not connected, directly or indirectly, with road transport involving heavy vehicles.","sortOrder":835},{"sectionNumber":"sec.568","sectionType":"section","heading":"Power to require production of document etc. required to be in driver’s possession","content":"### sec.568 Power to require production of document etc. required to be in driver’s possession\n\nThis section applies if a heavy vehicle—\nis stationary on a road; or\nis in or at a place entered by an authorised officer under Part 9.2 ; or\nhas been stopped under section 513 .\nAn authorised officer may, for compliance purposes, require the driver of the heavy vehicle to produce for inspection by the officer—\nif the driver is required by another law of this jurisdiction to keep their driver licence in their possession while driving the vehicle—the driver’s driver licence; or\na document, device or other thing the driver is required under this Law to keep in the driver’s possession while driving the vehicle.\na copy of a Commonwealth Gazette notice or permit\na work diary\nSection 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically.\nA person of whom a requirement is made under subsection (2) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—\nfor a requirement under paragraph (2)(a)—$6000; or\nfor a requirement under paragraph (2)(b)—an amount equal to the amount of the maximum penalty for an offence of failing to keep the document, device or other thing in the driver’s possession.\nIt is not a reasonable excuse for the person to fail to comply with a requirement made under subsection (2) —\nthat the person does not have the licence, document, device or other thing in his or her immediate possession; or\nthat complying with the requirement might tend to incriminate the person or make the person liable to a penalty.\nSection 587 also deals with self-incrimination when complying with a requirement of an authorised officer.\nThe authorised officer may—\ntake a copy of, or an extract from, a licence or document mentioned in subsection (2) ; or\nproduce an image or writing from a document mentioned in subsection (2) that is an electronic document; or\ntake an extract from a device or other thing mentioned in subsection (2) , including, for example—\nby taking a copy of, or an extract from, a readout or other data obtained from the device or other thing; or\nby accessing and downloading information from the device or other thing; or\nseize a document, device or other thing mentioned in subsection (2) if the authorised officer reasonably believes the document, device or other thing may provide evidence of an offence against this Law.\nIf, under subsection (5) , the authorised officer copies, takes an extract from, or produces an image or writing from, a licence or document or an entry in a document, the officer may require the person responsible for keeping the licence or document to certify the copy as a true copy of the licence, document or entry.\nA person of whom a requirement is made under subsection (6) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—$3000.\nIf a licence, document, device or other thing is produced to an authorised officer under this section and it is not seized under subsection (5) (d) , the officer must return it to the person who produced it—\nas soon as practicable after the officer inspects it; or\nif the officer takes a copy of, extract from, or produces an image or writing from, it under subsection (5) (a) , (b) or (c) , as soon as practicable after the copy or extract is taken or the image or writing is produced.\nHowever, if a requirement is made of the person under subsection (6) for a document, the authorised officer may keep the document until the person complies with the requirement.\nsch s 568 sub 2013 No. 4 s 12\namd 2018 No. 18 s 21\n(sec.568-ssec.1) This section applies if a heavy vehicle— is stationary on a road; or is in or at a place entered by an authorised officer under Part 9.2 ; or has been stopped under section 513 .\n(sec.568-ssec.2) An authorised officer may, for compliance purposes, require the driver of the heavy vehicle to produce for inspection by the officer— if the driver is required by another law of this jurisdiction to keep their driver licence in their possession while driving the vehicle—the driver’s driver licence; or a document, device or other thing the driver is required under this Law to keep in the driver’s possession while driving the vehicle. a copy of a Commonwealth Gazette notice or permit a work diary Section 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically.\n(sec.568-ssec.3) A person of whom a requirement is made under subsection (2) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty— for a requirement under paragraph (2)(a)—$6000; or for a requirement under paragraph (2)(b)—an amount equal to the amount of the maximum penalty for an offence of failing to keep the document, device or other thing in the driver’s possession.\n(sec.568-ssec.4) It is not a reasonable excuse for the person to fail to comply with a requirement made under subsection (2) — that the person does not have the licence, document, device or other thing in his or her immediate possession; or that complying with the requirement might tend to incriminate the person or make the person liable to a penalty. Section 587 also deals with self-incrimination when complying with a requirement of an authorised officer.\n(sec.568-ssec.5) The authorised officer may— take a copy of, or an extract from, a licence or document mentioned in subsection (2) ; or produce an image or writing from a document mentioned in subsection (2) that is an electronic document; or take an extract from a device or other thing mentioned in subsection (2) , including, for example— by taking a copy of, or an extract from, a readout or other data obtained from the device or other thing; or by accessing and downloading information from the device or other thing; or seize a document, device or other thing mentioned in subsection (2) if the authorised officer reasonably believes the document, device or other thing may provide evidence of an offence against this Law.\n(sec.568-ssec.6) If, under subsection (5) , the authorised officer copies, takes an extract from, or produces an image or writing from, a licence or document or an entry in a document, the officer may require the person responsible for keeping the licence or document to certify the copy as a true copy of the licence, document or entry.\n(sec.568-ssec.7) A person of whom a requirement is made under subsection (6) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—$3000.\n(sec.568-ssec.8) If a licence, document, device or other thing is produced to an authorised officer under this section and it is not seized under subsection (5) (d) , the officer must return it to the person who produced it— as soon as practicable after the officer inspects it; or if the officer takes a copy of, extract from, or produces an image or writing from, it under subsection (5) (a) , (b) or (c) , as soon as practicable after the copy or extract is taken or the image or writing is produced.\n(sec.568-ssec.9) However, if a requirement is made of the person under subsection (6) for a document, the authorised officer may keep the document until the person complies with the requirement.\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 ; or\n- (c) has been stopped under section 513 .\n- (a) if the driver is required by another law of this jurisdiction to keep their driver licence in their possession while driving the vehicle—the driver’s driver licence; or\n- (b) a document, device or other thing the driver is required under this Law to keep in the driver’s possession while driving the vehicle. Examples— • a copy of a Commonwealth Gazette notice or permit • a work diary\n- • a copy of a Commonwealth Gazette notice or permit\n- • a work diary\n- • a copy of a Commonwealth Gazette notice or permit\n- • a work diary\n- (a) for a requirement under paragraph (2)(a)—$6000; or\n- (b) for a requirement under paragraph (2)(b)—an amount equal to the amount of the maximum penalty for an offence of failing to keep the document, device or other thing in the driver’s possession.\n- (a) that the person does not have the licence, document, device or other thing in his or her immediate possession; or\n- (b) that complying with the requirement might tend to incriminate the person or make the person liable to a penalty.\n- (a) take a copy of, or an extract from, a licence or document mentioned in subsection (2) ; or\n- (b) produce an image or writing from a document mentioned in subsection (2) that is an electronic document; or\n- (c) take an extract from a device or other thing mentioned in subsection (2) , including, for example— (i) by taking a copy of, or an extract from, a readout or other data obtained from the device or other thing; or (ii) by accessing and downloading information from the device or other thing; or\n- (i) by taking a copy of, or an extract from, a readout or other data obtained from the device or other thing; or\n- (ii) by accessing and downloading information from the device or other thing; or\n- (d) seize a document, device or other thing mentioned in subsection (2) if the authorised officer reasonably believes the document, device or other thing may provide evidence of an offence against this Law.\n- (i) by taking a copy of, or an extract from, a readout or other data obtained from the device or other thing; or\n- (ii) by accessing and downloading information from the device or other thing; or\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 or writing from, it under subsection (5) (a) , (b) or (c) , as soon as practicable after the copy or extract is taken or the image or writing is produced.","sortOrder":836},{"sectionNumber":"sec.569","sectionType":"section","heading":"Power to require production of documents etc. generally","content":"### sec.569 Power to require production of documents etc. generally\n\nAn authorised officer may require a responsible person for a heavy vehicle to make available for inspection by an authorised officer, or to produce to an authorised officer for inspection, at a reasonable time and place nominated by the officer—\na document issued to the person under this Law; or\na document, device or other thing required to be kept by the person under this Law or a heavy vehicle accreditation; or\ntransport documentation or journey documentation in the person’s possession or under the person’s control; or\na document in the person’s possession or under the person’s control relating to—\nthe use, performance or condition of a heavy vehicle; or\nthe ownership, insurance, licensing or registration of a heavy vehicle; or\nthe load or equipment carried or intended to be carried by a heavy vehicle, including, for example, a document relating to insurance of the load or equipment; or\na document in the person’s possession or under the person’s control relating to any business practices; or\na document in the person’s possession or under the person’s control showing that a heavy vehicle’s garage address recorded on a vehicle register, however named, kept under another Australian road law is or is not the vehicle’s actual garage address.\nSection 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically.\nA person of whom a requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—$6000.\nIf, under subsection (1) , an authorised officer requires a responsible person to make available or produce an electronic document—\nthe authorised officer may require the responsible person to make available or produce—\na printed copy of the electronic document; or\nan electronic copy of the document; and\ncompliance with the requirement made under subsection (1) requires the making available or production of the document in the way required under paragraph (a) .\nSee the definitions document and printed in section 12 of Schedule 1 .\nSection 17 of Schedule 1 and section 490 also deal with the production of documents and other information kept electronically.\nIt is not a reasonable excuse for the person to fail to comply with a requirement made under subsection (1) that complying with the requirement might tend to incriminate the person or make the person liable to a penalty.\nSection 587 also deals with self-incrimination when complying with a requirement of an authorised officer.\nSection 588 deals with the admissibility of information provided in complying with a requirement under this section.\nThe authorised officer may—\ntake a copy of, or an extract from, a document mentioned in subsection (1) ; or\nproduce an image or writing from a document mentioned in subsection (1) that is an electronic document; or\ntake an extract from a device or other thing mentioned in subsection (1) (b) , including, for example—\nby taking a copy of, or an extract from, a readout or other data obtained from the device or other thing; or\nby accessing and downloading information from the device or other thing; or\nseize a document, device or other thing mentioned in subsection (1) if the authorised officer reasonably believes the document, device or other thing may provide evidence of an offence against this Law.\nIf, under subsection (5) , the authorised officer copies, takes an extract from, or produces an image or writing from, a document or an entry in a document, the officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\nA person of whom a requirement is made under subsection (6) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—$3000.\nIf a document, device or other thing is produced to an authorised officer under this section and it is not seized under subsection (5) (d) , the officer must return it to the person who produced it—\nas soon as practicable after the officer inspects it; or\nif the officer takes a copy of, extract from, or produces an image or writing from, it under subsection (5) (a) , (b) or (c) , as soon as practicable after the copy or extract is taken or the image or writing is produced.\nHowever, if a requirement is made of the person under subsection (6) for a document, the authorised officer may keep the document until the person complies with the requirement.\nsch s 569 sub 2013 No. 4 s 12\namd 2018 No. 10 s 30 ; 2016 No. 65 s 89 ; 2018 No. 18 s 22\n(sec.569-ssec.1) An authorised officer may require a responsible person for a heavy vehicle to make available for inspection by an authorised officer, or to produce to an authorised officer for inspection, at a reasonable time and place nominated by the officer— a document issued to the person under this Law; or a document, device or other thing required to be kept by the person under this Law or a heavy vehicle accreditation; or transport documentation or journey documentation in the person’s possession or under the person’s control; or a document in the person’s possession or under the person’s control relating to— the use, performance or condition of a heavy vehicle; or the ownership, insurance, licensing or registration of a heavy vehicle; or the load or equipment carried or intended to be carried by a heavy vehicle, including, for example, a document relating to insurance of the load or equipment; or a document in the person’s possession or under the person’s control relating to any business practices; or a document in the person’s possession or under the person’s control showing that a heavy vehicle’s garage address recorded on a vehicle register, however named, kept under another Australian road law is or is not the vehicle’s actual garage address. Section 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically.\n(sec.569-ssec.2) A person of whom a requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—$6000.\n(sec.569-ssec.3) If, under subsection (1) , an authorised officer requires a responsible person to make available or produce an electronic document— the authorised officer may require the responsible person to make available or produce— a printed copy of the electronic document; or an electronic copy of the document; and compliance with the requirement made under subsection (1) requires the making available or production of the document in the way required under paragraph (a) . See the definitions document and printed in section 12 of Schedule 1 . Section 17 of Schedule 1 and section 490 also deal with the production of documents and other information kept electronically.\n(sec.569-ssec.4) It is not a reasonable excuse for the person to fail to comply with a requirement made under subsection (1) that complying with the requirement might tend to incriminate the person or make the person liable to a penalty. Section 587 also deals with self-incrimination when complying with a requirement of an authorised officer. Section 588 deals with the admissibility of information provided in complying with a requirement under this section.\n(sec.569-ssec.5) The authorised officer may— take a copy of, or an extract from, a document mentioned in subsection (1) ; or produce an image or writing from a document mentioned in subsection (1) that is an electronic document; or take an extract from a device or other thing mentioned in subsection (1) (b) , including, for example— by taking a copy of, or an extract from, a readout or other data obtained from the device or other thing; or by accessing and downloading information from the device or other thing; or seize a document, device or other thing mentioned in subsection (1) if the authorised officer reasonably believes the document, device or other thing may provide evidence of an offence against this Law.\n(sec.569-ssec.6) If, under subsection (5) , the authorised officer copies, takes an extract from, or produces an image or writing from, a document or an entry in a document, the officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\n(sec.569-ssec.7) A person of whom a requirement is made under subsection (6) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—$3000.\n(sec.569-ssec.8) If a document, device or other thing is produced to an authorised officer under this section and it is not seized under subsection (5) (d) , the officer must return it to the person who produced it— as soon as practicable after the officer inspects it; or if the officer takes a copy of, extract from, or produces an image or writing from, it under subsection (5) (a) , (b) or (c) , as soon as practicable after the copy or extract is taken or the image or writing is produced.\n(sec.569-ssec.9) However, if a requirement is made of the person under subsection (6) for a document, the authorised officer may keep the document until the person complies with the requirement.\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 person under this Law or a heavy vehicle accreditation; or\n- (c) transport documentation or journey documentation in the person’s possession or under the person’s control; or\n- (d) a document in the person’s possession or under the person’s control relating to— (i) the use, performance or condition of a heavy vehicle; or (ii) the ownership, insurance, licensing or registration of a heavy vehicle; or (iii) the load or equipment carried or intended to be carried by a heavy vehicle, including, for example, a document relating to insurance of the load or equipment; or\n- (i) the use, performance or condition of a heavy vehicle; or\n- (ii) the ownership, insurance, licensing or registration of a heavy vehicle; or\n- (iii) the load or equipment carried or intended to be carried by a heavy vehicle, including, for example, a document relating to insurance of the load or equipment; or\n- (e) a document in the person’s possession or under the person’s control relating to any business practices; or\n- (f) a document in the person’s possession or under the person’s control showing that a heavy vehicle’s garage address recorded on a vehicle register, however named, kept under another Australian road law is or is not the vehicle’s actual garage address.\n- (i) the use, performance or condition of a heavy vehicle; or\n- (ii) the ownership, insurance, licensing or registration of a heavy vehicle; or\n- (iii) the load or equipment carried or intended to be carried by a heavy vehicle, including, for example, a document relating to insurance of the load or equipment; or\n- (a) the authorised officer may require the responsible person to make available or produce— (i) a printed copy of the electronic document; or (ii) an electronic copy of the document; and\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) requires the making available or production of the document in the way required under paragraph (a) .\n- (i) a printed copy of the electronic document; or\n- (ii) an electronic copy of the document; and\n- 1 See the definitions document and printed in section 12 of Schedule 1 .\n- 2 Section 17 of Schedule 1 and section 490 also deal with the production of documents and other information kept electronically.\n- 1 Section 587 also deals with self-incrimination when complying with a requirement of an authorised officer.\n- 2 Section 588 deals with the admissibility of information provided in complying with a requirement under this section.\n- (a) take a copy of, or an extract from, a document mentioned in subsection (1) ; or\n- (b) produce an image or writing from a document mentioned in subsection (1) that is an electronic document; or\n- (c) take an extract from a device or other thing mentioned in subsection (1) (b) , including, for example— (i) by taking a copy of, or an extract from, a readout or other data obtained from the device or other thing; or (ii) by accessing and downloading information from the device or other thing; or\n- (i) by taking a copy of, or an extract from, a readout or other data obtained from the device or other thing; or\n- (ii) by accessing and downloading information from the device or other thing; or\n- (d) seize a document, device or other thing mentioned in subsection (1) if the authorised officer reasonably believes the document, device or other thing may provide evidence of an offence against this Law.\n- (i) by taking a copy of, or an extract from, a readout or other data obtained from the device or other thing; or\n- (ii) by accessing and downloading information from the device or other thing; or\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 or writing from, it under subsection (5) (a) , (b) or (c) , as soon as practicable after the copy or extract is taken or the image or writing is produced.","sortOrder":837},{"sectionNumber":"sec.570","sectionType":"section","heading":"Power to require information about heavy vehicles","content":"### sec.570 Power to require information about heavy vehicles\n\nAn authorised officer may, for compliance purposes, require a responsible person for a heavy vehicle to give the officer—\ninformation about the vehicle or any load or equipment carried or intended to be carried by the vehicle; or\npersonal details known to the responsible person about any other responsible person for the vehicle; or\npersonal details known to the responsible person about anyone else the responsible person reasonably believes holds information about the heavy vehicle.\nSection 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically.\nWithout limiting subsection (1) , a responsible person who is associated with a particular vehicle may be required to provide information about a past, current or intended journey of the vehicle, including, for example, the following—\nthe location of the start or intended start of the journey;\nthe route or intended route of the journey;\nthe location of the destination or intended destination of the journey.\nAn authorised officer requiring personal details under subsection (1) (c) must give the responsible person a notice stating—\nthat the requirement is made under this section; and\nthat failing to comply with the requirement is an offence; and\nthe time, that is reasonable in the circumstances, in which the person must give the personal details; and\nthe effect of subsection (5A) and section 735A .\nA person of whom a requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—$6000.\nWithout limiting what may be a reasonable excuse for the purposes of subsection (3) , in a proceeding for an offence of contravening a requirement under subsection (1) , it is a defence for the person charged to prove that the person did not know, and could not be reasonably expected to know or ascertain, the required information.\nIt is not a reasonable excuse for a person to fail to comply with a requirement made under subsection (1) that complying with the requirement might tend to incriminate the person or make the person liable to a penalty.\nSection 587 also deals with self-incrimination when complying with a requirement of an authorised officer.\nHowever, the following information is not admissible as evidence against an individual in a civil or criminal proceeding, other than a proceeding for false or misleading information—\ninformation, other than information in the form of a document, that the individual gives in complying with a requirement under subsection (1) (c) ;\ninformation that is directly or indirectly derived from information to which paragraph (a) applies.\nSection 588 deals with the admissibility of information provided in complying with a requirement under subsection (1) (a) and (b) .\nIn this section—\npersonal details , about a responsible person, means—\nthe person’s name; or\nthe person’s residential address or business address.\nresponsible person , for a heavy vehicle, for the exercise of a power under this section in relation to a speeding offence, does not include—\na person mentioned in section 5 , definition responsible person , paragraph (i) , (j) , (k) or (n) ; or\nThose paragraphs deal with persons who pack, load or unload goods or containers, and owners and operators etc. of weighbridges or weighbridge facilities.\nan employer, employee, agent or subcontractor of that person.\nspeeding offence means an offence committed by the driver of a heavy vehicle because the driver exceeded a speed limit applying to the driver.\nsch s 570 sub 2013 No. 4 s 12\namd 2016 No. 65 s 90 ; 2018 No. 18 s 23\n(sec.570-ssec.1) An authorised officer may, for compliance purposes, require a responsible person for a heavy vehicle to give the officer— information about the vehicle or any load or equipment carried or intended to be carried by the vehicle; or personal details known to the responsible person about any other responsible person for the vehicle; or personal details known to the responsible person about anyone else the responsible person reasonably believes holds information about the heavy vehicle. Section 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically.\n(sec.570-ssec.2) Without limiting subsection (1) , a responsible person who is associated with a particular vehicle may be required to provide information about a past, current or intended journey of the vehicle, including, for example, the following— the location of the start or intended start of the journey; the route or intended route of the journey; the location of the destination or intended destination of the journey.\n(sec.570-ssec.2A) An authorised officer requiring personal details under subsection (1) (c) must give the responsible person a notice stating— that the requirement is made under this section; and that failing to comply with the requirement is an offence; and the time, that is reasonable in the circumstances, in which the person must give the personal details; and the effect of subsection (5A) and section 735A .\n(sec.570-ssec.3) A person of whom a requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—$6000.\n(sec.570-ssec.4) Without limiting what may be a reasonable excuse for the purposes of subsection (3) , in a proceeding for an offence of contravening a requirement under subsection (1) , it is a defence for the person charged to prove that the person did not know, and could not be reasonably expected to know or ascertain, the required information.\n(sec.570-ssec.5) It is not a reasonable excuse for a person to fail to comply with a requirement made under subsection (1) that complying with the requirement might tend to incriminate the person or make the person liable to a penalty. Section 587 also deals with self-incrimination when complying with a requirement of an authorised officer.\n(sec.570-ssec.5A) However, the following information is not admissible as evidence against an individual in a civil or criminal proceeding, other than a proceeding for false or misleading information— information, other than information in the form of a document, that the individual gives in complying with a requirement under subsection (1) (c) ; information that is directly or indirectly derived from information to which paragraph (a) applies. Section 588 deals with the admissibility of information provided in complying with a requirement under subsection (1) (a) and (b) .\n(sec.570-ssec.6) In this section— personal details , about a responsible person, means— the person’s name; or the person’s residential address or business address. responsible person , for a heavy vehicle, for the exercise of a power under this section in relation to a speeding offence, does not include— a person mentioned in section 5 , definition responsible person , paragraph (i) , (j) , (k) or (n) ; or Those paragraphs deal with persons who pack, load or unload goods or containers, and owners and operators etc. of weighbridges or weighbridge facilities. an employer, employee, agent or subcontractor of that person. speeding offence means an offence committed by the driver of a heavy vehicle because the driver exceeded a speed limit applying to the driver.\n- (a) information about the vehicle or any load or equipment carried or intended to be carried by the vehicle; or\n- (b) personal details known to the responsible person about any other responsible person for the vehicle; or\n- (c) personal details known to the responsible person about anyone else the responsible person reasonably believes holds information about the heavy vehicle.\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 journey.\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 person must give the personal details; and\n- (d) the effect of subsection (5A) and section 735A .\n- (a) information, other than information in the form of a document, that the individual gives in complying with a requirement under subsection (1) (c) ;\n- (b) information that is directly or indirectly derived from information to which paragraph (a) applies.\n- (a) the person’s name; or\n- (b) the person’s residential address or business address.\n- (a) a person mentioned in section 5 , definition responsible person , paragraph (i) , (j) , (k) or (n) ; or Note— Those paragraphs deal with persons who pack, load or unload goods or containers, and owners and operators etc. of weighbridges or weighbridge facilities.\n- (b) an employer, employee, agent or subcontractor of that person.","sortOrder":838},{"sectionNumber":"sec.570A","sectionType":"section","heading":"Requiring information","content":"### sec.570A Requiring information\n\nThis section applies if an authorised officer reasonably believes that a person is capable of giving information, providing documents or giving evidence—\nin relation to a possible contravention of—\na safety duty; or\na duty of an executive under section 26D ; or\nthat will assist the authorised officer to monitor or enforce compliance with—\na safety duty; or\na duty of an executive under section 26D .\nSection 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically.\nThe authorised officer may, by notice, require the person to give the information, documents or evidence to the authorised officer.\nIf the authorised officer, despite reasonable diligence, has not been able to obtain the information, documents or evidence under subsection (2) , the authorised officer may, by notice given to the person, require the person to do either or both of the following—\ngive information or produce documents to the authorised officer within the time and in the way stated in the notice;\nappear before a person appointed by the authorised officer on a day, and at a time and place, stated in the notice and give oral evidence.\nThe notice must state—\nthat—\nthe requirement is made under this section; and\nfailing to comply with the requirement is an offence; and\nif the notice requires the person to give information or produce documents to the authorised officer—the time and way, that is reasonable in the circumstances, in which the person must give the information or documents; and\nif the notice requires the person to give oral evidence—\nthe day, time and place, that is reasonable in the circumstances, for the person to appear before the person appointed by the authorised officer; and\nthat the person may appear with an Australian legal practitioner; and\nthe effect of—\nsubsections (7) and (8) ; and\nsection 735A .\nThe person must comply with a requirement under this section, unless the person has a reasonable excuse.\nMaximum penalty—$10000.\nIt is not a reasonable excuse for the person to fail to comply with a requirement made under this section on the ground that complying with the requirement might tend to incriminate the person or make the person liable to a penalty.\nSection 587 also deals with self-incrimination when complying with a requirement of an authorised officer.\nHowever, the following information, documents and evidence are not admissible as evidence against an individual in a civil or criminal proceeding, other than a proceeding for false or misleading information—\ninformation, documents and evidence that the individual gives in complying with a requirement under this section;\ninformation, documents and evidence that is directly or indirectly derived from information, documents or evidence mentioned in paragraph (a) .\nAn authorised officer may act under this section only if—\nfor an authorised officer who is a police officer—the officer has the relevant police commissioner’s written authority to act under this section; or\nfor an authorised officer who is not a police officer—the officer’s instrument of appointment provides that the authorised officer may act under this section.\nsch s 570A ins 2016 No. 65 s 91\namd 2018 No. 18 s 24\n(sec.570A-ssec.1) This section applies if an authorised officer reasonably believes that a person is capable of giving information, providing documents or giving evidence— in relation to a possible contravention of— a safety duty; or a duty of an executive under section 26D ; or that will assist the authorised officer to monitor or enforce compliance with— a safety duty; or a duty of an executive under section 26D . Section 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically.\n(sec.570A-ssec.2) The authorised officer may, by notice, require the person to give the information, documents or evidence to the authorised officer.\n(sec.570A-ssec.3) If the authorised officer, despite reasonable diligence, has not been able to obtain the information, documents or evidence under subsection (2) , the authorised officer may, by notice given to the person, require the person to do either or both of the following— give information or produce documents to the authorised officer within the time and in the way stated in the notice; appear before a person appointed by the authorised officer on a day, and at a time and place, stated in the notice and give oral evidence.\n(sec.570A-ssec.4) The notice must state— that— the requirement is made under this section; and failing to comply with the requirement is an offence; and if the notice requires the person to give information or produce documents to the authorised officer—the time and way, that is reasonable in the circumstances, in which the person must give the information or documents; and if the notice requires the person to give oral evidence— the day, time and place, that is reasonable in the circumstances, for the person to appear before the person appointed by the authorised officer; and that the person may appear with an Australian legal practitioner; and the effect of— subsections (7) and (8) ; and section 735A .\n(sec.570A-ssec.5) The person must comply with a requirement under this section, unless the person has a reasonable excuse. Maximum penalty—$10000.\n(sec.570A-ssec.6) It is not a reasonable excuse for the person to fail to comply with a requirement made under this section on the ground that complying with the requirement might tend to incriminate the person or make the person liable to a penalty. Section 587 also deals with self-incrimination when complying with a requirement of an authorised officer.\n(sec.570A-ssec.7) However, the following information, documents and evidence are not admissible as evidence against an individual in a civil or criminal proceeding, other than a proceeding for false or misleading information— information, documents and evidence that the individual gives in complying with a requirement under this section; information, documents and evidence that is directly or indirectly derived from information, documents or evidence mentioned in paragraph (a) .\n(sec.570A-ssec.8) An authorised officer may act under this section only if— for an authorised officer who is a police officer—the officer has the relevant police commissioner’s written authority to act under this section; or for an authorised officer who is not a police officer—the officer’s instrument of appointment provides that the authorised officer may act under this section.\n- (a) in relation to a possible contravention of— (i) a safety duty; or (ii) a duty of an executive under section 26D ; or\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 compliance with— (i) a safety duty; or (ii) a duty of an executive under section 26D .\n- (i) a safety duty; or\n- (ii) a duty of an executive under section 26D .\n- (i) a safety duty; or\n- (ii) a duty of an executive under section 26D ; or\n- (i) a safety duty; or\n- (ii) a duty of an executive under section 26D .\n- (a) give information or produce documents to the authorised officer within the time and in the way stated in the notice;\n- (b) appear before a person appointed by the authorised officer on a day, and at a time and place, stated in the notice and give oral evidence.\n- (a) that— (i) the requirement is made under this section; and (ii) failing to comply with the requirement is an offence; and\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 documents to the authorised officer—the time and way, that is reasonable in the circumstances, in which the person must give the information or documents; and\n- (c) if the notice requires the person to give oral evidence— (i) the day, time and place, that is reasonable in the circumstances, for the person to appear before the person appointed by the authorised officer; and (ii) that the person may appear with an Australian legal practitioner; and\n- (i) the day, time and place, that is reasonable in the circumstances, for the person to appear before the person appointed by the authorised officer; and\n- (ii) that the person may appear with an Australian legal practitioner; and\n- (d) the effect of— (i) subsections (7) and (8) ; and (ii) section 735A .\n- (i) subsections (7) and (8) ; and\n- (ii) section 735A .\n- (i) the requirement is made under this section; and\n- (ii) failing to comply with the requirement is an offence; and\n- (i) the day, time and place, that is reasonable in the circumstances, for the person to appear before the person appointed by the authorised officer; and\n- (ii) that the person may appear with an Australian legal practitioner; and\n- (i) subsections (7) and (8) ; and\n- (ii) section 735A .\n- (a) information, documents and evidence that the individual gives in complying with a requirement under this section;\n- (b) information, documents and evidence that is directly or indirectly derived from information, documents or evidence mentioned in paragraph (a) .\n- (a) for an authorised officer who is a police officer—the officer has the relevant police commissioner’s written authority to act under this section; or\n- (b) for an authorised officer who is not a police officer—the officer’s instrument of appointment provides that the authorised officer may act under this section.","sortOrder":839},{"sectionNumber":"sch-inc-ch.9-pt.9.4-div.5","sectionType":"division","heading":"Improvement notices","content":"## Improvement notices","sortOrder":840},{"sectionNumber":"sec.571","sectionType":"section","heading":"Authorised officers to whom Division applies","content":"### sec.571 Authorised officers to whom Division applies\n\nThis Division applies to an authorised officer who is a police officer only if the police officer has the relevant police commissioner’s written authority to issue improvement notices under this Division.\nThis Division applies to an authorised officer who is not a police officer only if the officer’s instrument of appointment provides that the authorised officer may issue improvement notices under this Division.\n(sec.571-ssec.1) This Division applies to an authorised officer who is a police officer only if the police officer has the relevant police commissioner’s written authority to issue improvement notices under this Division.\n(sec.571-ssec.2) This Division applies to an authorised officer who is not a police officer only if the officer’s instrument of appointment provides that the authorised officer may issue improvement notices under this Division.","sortOrder":841},{"sectionNumber":"sec.572","sectionType":"section","heading":"Improvement notices","content":"### sec.572 Improvement notices\n\nThis section applies if an authorised officer reasonably believes a person has contravened or is contravening a provision of this Law in circumstances that make it likely that the contravention will continue or be repeated.\nThe authorised officer may give the person a notice (an improvement notice ) requiring the person to take action within a stated period to stop the contravention from continuing or occurring again or to remedy the matters or activities occasioning the contravention.\nThe period stated in the improvement notice within which the person is required to comply with the notice must be at least 7 days after the notice is given unless the authorised officer is satisfied it is reasonable to require the person to comply with the notice in a shorter period because—\nit is reasonably practicable for the person to comply with the notice within the shorter period; and\nrequiring the person to comply with the notice within the shorter period is not likely to involve—\na higher cost to the person to comply with the notice; or\na more adverse effect on the person’s business operations.\nThe improvement notice must be in the approved form and state the following—\nthat the authorised officer reasonably believes the person has contravened or is contravening a provision of this Law in circumstances that make it likely that the contravention will continue or be repeated;\nthe reasons for that belief;\nthe provision of this Law in relation to which that belief is held;\nthat the person must take action within a stated period to stop the contravention from continuing or occurring again or to remedy the matters or activities occasioning the contravention;\nthe review and appeal information for the decision to give the notice;\nthat the notice is given under this section.\nThe improvement notice may state the way the action is to be taken.\n(sec.572-ssec.1) This section applies if an authorised officer reasonably believes a person has contravened or is contravening a provision of this Law in circumstances that make it likely that the contravention will continue or be repeated.\n(sec.572-ssec.2) The authorised officer may give the person a notice (an improvement notice ) requiring the person to take action within a stated period to stop the contravention from continuing or occurring again or to remedy the matters or activities occasioning the contravention.\n(sec.572-ssec.3) The period stated in the improvement notice within which the person is required to comply with the notice must be at least 7 days after the notice is given unless the authorised officer is satisfied it is reasonable to require the person to comply with the notice in a shorter period because— it is reasonably practicable for the person to comply with the notice within the shorter period; and requiring the person to comply with the notice within the shorter period is not likely to involve— a higher cost to the person to comply with the notice; or a more adverse effect on the person’s business operations.\n(sec.572-ssec.4) The improvement notice must be in the approved form and state the following— that the authorised officer reasonably believes the person has contravened or is contravening a provision of this Law in circumstances that make it likely that the contravention will continue or be repeated; the reasons for that belief; the provision of this Law in relation to which that belief is held; that the person must take action within a stated period to stop the contravention from continuing or occurring again or to remedy the matters or activities occasioning the contravention; the review and appeal information for the decision to give the notice; that the notice is given under this section.\n(sec.572-ssec.5) The improvement notice may state the way the action is to be taken.\n- (a) it is reasonably practicable for the person to comply with the notice within the shorter period; and\n- (b) requiring the person to comply with the notice within the shorter period is not likely to involve— (i) a higher cost to the person to comply with the notice; or (ii) a more adverse effect on the person’s business operations.\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- (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- (a) that the authorised officer reasonably believes the person has contravened or is contravening a provision of this Law in circumstances that make it likely that the contravention will continue 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 the contravention from continuing or occurring again or to remedy the matters or activities occasioning the contravention;\n- (e) the review and appeal information for the decision to give the notice;\n- (f) that the notice is given under this section.","sortOrder":842},{"sectionNumber":"sec.573","sectionType":"section","heading":"Contravention of improvement notice","content":"### sec.573 Contravention of improvement notice\n\nA person given an improvement notice must comply with the notice, unless the person has a reasonable excuse.\nMaximum penalty—$10000.\nIn a proceeding for an offence against subsection (1) , it is a defence for the person charged to prove that the alleged contravention, or the matters or activities occasioning the alleged contravention, were remedied within the period stated in the improvement notice, though in a way different to that stated in the notice.\nA person who is given an improvement notice in relation to a contravention of a provision of this Law can not be proceeded against for an offence constituted by the contravention unless—\nthe person fails to comply with the improvement notice and does not have a reasonable excuse for the noncompliance; or\nthe improvement notice is revoked under section 575 .\nsch s 573 amd 2025 No. 26 s 123 (uncommenced amendment)\n(sec.573-ssec.1) A person given an improvement notice must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—$10000.\n(sec.573-ssec.2) In a proceeding for an offence against subsection (1) , it is a defence for the person charged to prove that the alleged contravention, or the matters or activities occasioning the alleged contravention, were remedied within the period stated in the improvement notice, though in a way different to that stated in the notice.\n(sec.573-ssec.3) A person who is given an improvement notice in relation to a contravention of a provision of this Law can not be proceeded against for an offence constituted by the contravention unless— the person fails to comply with the improvement notice and does not have a reasonable excuse for the noncompliance; or the improvement notice is revoked under section 575 .\n- (a) the person fails to comply with the improvement notice and does not have a reasonable excuse for the noncompliance; or\n- (b) the improvement notice is revoked under section 575 .","sortOrder":843},{"sectionNumber":"sec.574","sectionType":"section","heading":"Amendment of improvement notice","content":"### sec.574 Amendment of improvement notice\n\nAn improvement notice given by an authorised officer who is a police officer may be amended by any authorised officer who is a police officer and who has the relevant police commissioner’s written authority to issue improvement notices under this Division.\nAn improvement notice given by an authorised officer who is not a police officer may be amended by any authorised officer who is not a police officer.\nAn amendment of an improvement notice given to a person is ineffective to the extent it purports to deal with a contravention of a different provision of this Law to that dealt with in the improvement notice when first given.\nIf an authorised officer decides to amend an improvement notice given to a person, the officer must give the person notice of the amendment stating the following—\nthe amendment;\nthe reasons for the amendment;\nthe review and appeal information for the decision to amend the improvement notice.\nSection 23 of Schedule 1 allows for the amendment of an improvement notice.\n(sec.574-ssec.1) An improvement notice given by an authorised officer who is a police officer may be amended by any authorised officer who is a police officer and who has the relevant police commissioner’s written authority to issue improvement notices under this Division.\n(sec.574-ssec.2) An improvement notice given by an authorised officer who is not a police officer may be amended by any authorised officer who is not a police officer.\n(sec.574-ssec.3) An amendment of an improvement notice given to a person is ineffective to the extent it purports to deal with a contravention of a different provision of this Law to that dealt with in the improvement notice when first given.\n(sec.574-ssec.4) If an authorised officer decides to amend an improvement notice given to a person, the officer must give the person notice of the amendment stating the following— the amendment; the reasons for the amendment; the review and appeal information for the decision to amend the improvement notice. Section 23 of Schedule 1 allows for the amendment of an improvement notice.\n- (a) the amendment;\n- (b) the reasons for the amendment;\n- (c) the review and appeal information for the decision to amend the improvement notice.","sortOrder":844},{"sectionNumber":"sec.575","sectionType":"section","heading":"Revocation of an improvement notice","content":"### sec.575 Revocation of an improvement notice\n\nAn improvement notice given to a person by an authorised officer who is a police officer may be revoked, by giving notice of the revocation to the person, by—\nthe relevant police commissioner; or\nan authorised officer who—\nis a police officer; and\nhas the relevant police commissioner’s written authority to issue improvement notices under this Division; and\nis more senior in rank to the police officer who gave the notice to the person.\nAn improvement notice given to a person by an authorised officer who is not a police officer may be revoked by the Regulator by giving notice of the revocation to the person.\nSection 23 of Schedule 1 does not apply in relation to the revocation of the improvement notice.\n(sec.575-ssec.1) An improvement notice given to a person by an authorised officer who is a police officer may be revoked, by giving notice of the revocation to the person, by— the relevant police commissioner; or an authorised officer who— is a police officer; and has the relevant police commissioner’s written authority to issue improvement notices under this Division; and is more senior in rank to the police officer who gave the notice to the person.\n(sec.575-ssec.2) An improvement notice given to a person by an authorised officer who is not a police officer may be revoked by the Regulator by giving notice of the revocation to the person.\n(sec.575-ssec.3) Section 23 of Schedule 1 does not apply in relation to the revocation of the improvement notice.\n- (a) the relevant police commissioner; or\n- (b) an authorised officer who— (i) is a police officer; and (ii) has the relevant police commissioner’s written authority to issue improvement notices under this Division; and (iii) is more senior in rank to the police officer who gave the notice to the person.\n- (i) is a police officer; and\n- (ii) has the relevant police commissioner’s written authority to issue improvement notices under this Division; and\n- (iii) is more senior in rank to the police officer who gave the notice to the person.\n- (i) is a police officer; and\n- (ii) has the relevant police commissioner’s written authority to issue improvement notices under this Division; and\n- (iii) is more senior in rank to the police officer who gave the notice to the person.","sortOrder":845},{"sectionNumber":"sec.576","sectionType":"section","heading":"Clearance certificate","content":"### sec.576 Clearance certificate\n\nAn approved authorised officer may issue a certificate (a clearance certificate ) stating that all or stated requirements of an improvement notice have been complied with.\nIf a person to whom an improvement notice is given receives a clearance certificate about the improvement notice, each requirement of the improvement notice that the certificate states has been complied with stops being operative.\nIn this section—\napproved authorised officer means—\nfor an improvement notice given by an authorised officer who is a police officer—any authorised officer who is a police officer and who has the relevant police commissioner’s written authority to issue improvement notices under this Division; or\nfor an improvement notice given by an authorised officer who is not a police officer—any authorised officer who is not a police officer.\n(sec.576-ssec.1) An approved authorised officer may issue a certificate (a clearance certificate ) stating that all or stated requirements of an improvement notice have been complied with.\n(sec.576-ssec.2) If a person to whom an improvement notice is given receives a clearance certificate about the improvement notice, each requirement of the improvement notice that the certificate states has been complied with stops being operative.\n(sec.576-ssec.3) In this section— approved authorised officer means— for an improvement notice given by an authorised officer who is a police officer—any authorised officer who is a police officer and who has the relevant police commissioner’s written authority to issue improvement notices under this Division; or for an improvement notice given by an authorised officer who is not a police officer—any authorised officer who is not a police officer.\n- (a) for an improvement notice given by an authorised officer who is a police officer—any authorised officer who is a police officer and who has the relevant police commissioner’s written authority to issue improvement notices under this Division; or\n- (b) for an improvement notice given by an authorised officer who is not a police officer—any authorised officer who is not a police officer.","sortOrder":846},{"sectionNumber":"sch-inc-ch.9-pt.9.4-div.5A","sectionType":"division","heading":"Prohibition notices","content":"## Prohibition notices","sortOrder":847},{"sectionNumber":"sec.576A","sectionType":"section","heading":"Power to issue prohibition notice","content":"### sec.576A Power to issue prohibition notice\n\nThis section applies if an authorised officer reasonably believes that an activity involving a heavy vehicle—\nis occurring and involves, or will involve, an immediate or imminent serious risk to the health or safety of a person; or\nmay occur and, if it occurs, will involve an immediate or imminent serious risk to the health or safety of a person.\nThe authorised officer may give a person who has control over the activity a direction prohibiting the carrying on of the activity, or the carrying on of the activity in a specified way, until an authorised officer is satisfied that the matters that give or will give rise to the risk have been remedied.\nThe direction may be given orally, but must be confirmed by written notice (a prohibition notice ) given to the person as soon as practicable.\nsch s 576A ins 2018 No. 18 s 25\n(sec.576A-ssec.1) This section applies if an authorised officer reasonably believes that an activity involving a heavy vehicle— is occurring and involves, or will involve, an immediate or imminent serious risk to the health or safety of a person; or may occur and, if it occurs, will involve an immediate or imminent serious risk to the health or safety of a person.\n(sec.576A-ssec.2) The authorised officer may give a person who has control over the activity a direction prohibiting the carrying on of the activity, or the carrying on of the activity in a specified way, until an authorised officer is satisfied that the matters that give or will give rise to the risk have been remedied.\n(sec.576A-ssec.3) The direction may be given orally, but must be confirmed by written notice (a prohibition notice ) given to the person as soon as practicable.\n- (a) is occurring and involves, or will involve, an immediate or imminent serious risk to the health or safety of a person; or\n- (b) may occur and, if it occurs, will involve an immediate or imminent serious risk to the health or safety of a person.","sortOrder":848},{"sectionNumber":"sec.576B","sectionType":"section","heading":"Contents of prohibition notice","content":"### sec.576B Contents of prohibition notice\n\nA prohibition notice must state—\nthat the authorised officer believes that grounds for the issue of the prohibition notice exist and the basis for that belief; and\nbriefly, the activity that the authorised officer believes involves or will involve the risk and the matters that give or will give rise to the risk; and\nthe provision of this Law that the authorised officer believes is being, or is likely to be, contravened by that activity.\nA prohibition notice may include directions on the measures to be taken to remedy the risk, activities or matters to which the notice relates, or the contravention or likely contravention mentioned in subsection (1) (c) .\nWithout limiting section 576A , a prohibition notice that prohibits the carrying on of an activity in a specified way may do so by stating 1 or more of the following—\na heavy vehicle, or part of a heavy vehicle, in which the activity is not to be carried out;\nanything that is not to be used in connection with the activity;\nany procedure that is not to be followed in connection with the activity.\nsch s 576B ins 2018 No. 18 s 25\n(sec.576B-ssec.1) A prohibition notice must state— that the authorised officer believes that grounds for the issue of the prohibition notice exist and the basis for that belief; and briefly, the activity that the authorised officer believes involves or will involve the risk and the matters that give or will give rise to the risk; and the provision of this Law that the authorised officer believes is being, or is likely to be, contravened by that activity.\n(sec.576B-ssec.2) A prohibition notice may include directions on the measures to be taken to remedy the risk, activities or matters to which the notice relates, or the contravention or likely contravention mentioned in subsection (1) (c) .\n(sec.576B-ssec.3) Without limiting section 576A , a prohibition notice that prohibits the carrying on of an activity in a specified way may do so by stating 1 or more of the following— a heavy vehicle, or part of a heavy vehicle, in which the activity is not to be carried out; anything that is not to be used in connection with the activity; any procedure that is not to be followed in connection with the activity.\n- (a) that the authorised officer believes that grounds for the issue of the prohibition notice exist and the basis for that belief; and\n- (b) briefly, the activity that the authorised officer believes involves or will involve the risk and the matters that give or will give rise to the risk; and\n- (c) the provision of this Law that the authorised officer believes is being, or is likely to be, contravened by that activity.\n- (a) a heavy vehicle, or part of a heavy vehicle, in which the activity is 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 activity.","sortOrder":849},{"sectionNumber":"sec.576C","sectionType":"section","heading":"Compliance with prohibition notice","content":"### sec.576C Compliance with prohibition notice\n\nA person given a direction under section 576A (2) or a prohibition notice must comply with the direction or notice.\nMaximum penalty—$10000.\nsch s 576C ins 2018 No. 18 s 25\namd 2025 No. 26 s 124 (uncommenced amendment)","sortOrder":850},{"sectionNumber":"sch-inc-ch.9-pt.9.4-div.5B","sectionType":"division","heading":"Injunctions","content":"## Injunctions","sortOrder":851},{"sectionNumber":"sec.576D","sectionType":"section","heading":"Application of Div 5B","content":"### sec.576D Application of Div 5B\n\nIn this Division—\nnotice means an improvement notice or a prohibition notice.\nsch s 576D ins 2018 No. 18 s 25","sortOrder":852},{"sectionNumber":"sec.576E","sectionType":"section","heading":"Injunction for noncompliance with notice","content":"### sec.576E Injunction for noncompliance with notice\n\nAn authorised officer may apply to the Supreme Court for an injunction—\ncompelling a person to comply with a notice; or\nrestraining a person from contravening a notice.\nThe authorised officer may do so—\nwhether or not a proceeding has been brought for an offence against this Law in connection with any matter in relation to which the notice was issued; and\nwhether any period for compliance with the notice has expired.\nAn authorised officer may make an application under this section only if—\nfor an authorised officer who is a police officer—the officer has the relevant police commissioner’s written authority to make the application; or\nfor an authorised officer who is not a police officer—the officer’s instrument of appointment provides that the authorised officer may make the application.\nsch s 576E ins 2018 No. 18 s 25\n(sec.576E-ssec.1) An authorised officer may apply to the Supreme Court for an injunction— compelling a person to comply with a notice; or restraining a person from contravening a notice.\n(sec.576E-ssec.2) The authorised officer may do so— whether or not a proceeding has been brought for an offence against this Law in connection with any matter in relation to which the notice was issued; and whether any period for compliance with the notice has expired.\n(sec.576E-ssec.3) An authorised officer may make an application under this section only if— for an authorised officer who is a police officer—the officer has the relevant police commissioner’s written authority to make the application; or for an authorised officer who is not a police officer—the officer’s instrument of appointment provides that the authorised officer may make the application.\n- (a) compelling a person to comply with a notice; or\n- (b) restraining a person from contravening a notice.\n- (a) whether or not a proceeding has been brought for an offence against this Law in connection with any matter in relation to which the notice was issued; and\n- (b) whether any period for compliance with the notice has expired.\n- (a) for an authorised officer who is a police officer—the officer has the relevant police commissioner’s written authority to make the application; or\n- (b) for an authorised officer who is not a police officer—the officer’s instrument of appointment provides that the authorised officer may make the application.","sortOrder":853},{"sectionNumber":"sch-inc-ch.9-pt.9.4-div.6","sectionType":"division","heading":"Power to require reasonable help","content":"## Power to require reasonable help","sortOrder":854},{"sectionNumber":"sec.577","sectionType":"section","heading":"Power to require reasonable help","content":"### sec.577 Power to require reasonable help\n\nAn authorised officer who enters a place under this Chapter may require an occupier of the place or a person at the place to give the officer reasonable help to exercise a power under this Chapter.\nAn authorised officer who is exercising a power under this Chapter in relation to a heavy vehicle on a road may require the vehicle’s driver to give the officer reasonable help to exercise the power.\nWithout limiting subsection (1) or (2) , a requirement under the subsection may be that the occupier, person or driver—\nproduce a document or give information to the authorised officer; or\nThe authorised officer wishes to obtain information relating to the purpose of the entry. Information of that type is stored or recorded on a computer at the place. The authorised officer may require the occupier to give reasonable help to produce a reproduction of the information from the computer.\nSection 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically.\nhelp the authorised officer to find and gain access to a document or information, including electronically stored information; or\na document about the heavy vehicle’s performance, specifications (including the dimensions and other physical attributes of the vehicle or its fittings), functional capabilities (including the vehicle’s GVM, GCM and speed capabilities) or authorised operations required to be kept in the vehicle under this Law or a heavy vehicle accreditation\na weighing document for a container loaded on to the heavy vehicle\na telephone record\nhelp the authorised officer to weigh or measure—\na heavy vehicle or a component of a heavy vehicle; or\nthe whole or part of a heavy vehicle’s load or equipment; or\nstart or stop the engine of a heavy vehicle under section 523 ; or\nhelp the authorised officer to operate equipment or facilities for a purpose relevant to the power being or proposed to be exercised; or\nprovide access free of charge to photocopying equipment for the purpose of copying any records or other material.\nA person of whom a requirement is made under subsection (1) or (2) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—$10000.\nWithout limiting what may be a reasonable excuse for the purposes of subsection (4) , it is a reasonable excuse for a person not to comply with a requirement made under subsection (1) or (2) if doing so would require the person to take action that is outside the scope of the business or other activities of the person.\nIt is not a reasonable excuse for a person to fail to comply with a requirement made under subsection (1) or (2) , in relation to a document or information that is the subject of the requirement, if doing so might tend to incriminate the person or make the person liable to a penalty.\nSection 587 also deals with self-incrimination when complying with a requirement of an authorised officer.\nSection 588 deals with the admissibility of information provided in complying with a requirement under this section.\nIf a requirement made under subsection (1) or (2) is that the occupier of, or person at, a place start or stop the engine of a heavy vehicle—\nit is immaterial that the occupier or person is not—\nthe operator of the vehicle; or\nauthorised by the operator to drive the vehicle or start or stop its engine; or\nqualified to drive the vehicle or start or stop its engine; and\nin starting or stopping the engine of the vehicle in compliance with the requirement, the occupier or person is exempt from a provision of an Australian road law to the extent the provision would require the occupier or person to be qualified to start or stop the engine.\nsch s 577 sub 2013 No. 4 s 12\namd 2018 No. 18 s 26\n(sec.577-ssec.1) An authorised officer who enters a place under this Chapter may require an occupier of the place or a person at the place to give the officer reasonable help to exercise a power under this Chapter.\n(sec.577-ssec.2) An authorised officer who is exercising a power under this Chapter in relation to a heavy vehicle on a road may require the vehicle’s driver to give the officer reasonable help to exercise the power.\n(sec.577-ssec.3) Without limiting subsection (1) or (2) , a requirement under the subsection may be that the occupier, person or driver— produce a document or give information to the authorised officer; or The authorised officer wishes to obtain information relating to the purpose of the entry. Information of that type is stored or recorded on a computer at the place. The authorised officer may require the occupier to give reasonable help to produce a reproduction of the information from the computer. Section 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically. help the authorised officer to find and gain access to a document or information, including electronically stored information; or a document about the heavy vehicle’s performance, specifications (including the dimensions and other physical attributes of the vehicle or its fittings), functional capabilities (including the vehicle’s GVM, GCM and speed capabilities) or authorised operations required to be kept in the vehicle under this Law or a heavy vehicle accreditation a weighing document for a container loaded on to the heavy vehicle a telephone record help the authorised officer to weigh or measure— a heavy vehicle or a component of a heavy vehicle; or the whole or part of a heavy vehicle’s load or equipment; or start or stop the engine of a heavy vehicle under section 523 ; or help the authorised officer to operate equipment or facilities for a purpose relevant to the power being or proposed to be exercised; or provide access free of charge to photocopying equipment for the purpose of copying any records or other material.\n(sec.577-ssec.4) A person of whom a requirement is made under subsection (1) or (2) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—$10000.\n(sec.577-ssec.5) Without limiting what may be a reasonable excuse for the purposes of subsection (4) , it is a reasonable excuse for a person not to comply with a requirement made under subsection (1) or (2) if doing so would require the person to take action that is outside the scope of the business or other activities of the person.\n(sec.577-ssec.6) It is not a reasonable excuse for a person to fail to comply with a requirement made under subsection (1) or (2) , in relation to a document or information that is the subject of the requirement, if doing so might tend to incriminate the person or make the person liable to a penalty. Section 587 also deals with self-incrimination when complying with a requirement of an authorised officer. Section 588 deals with the admissibility of information provided in complying with a requirement under this section.\n(sec.577-ssec.7) If a requirement made under subsection (1) or (2) is that the occupier of, or person at, a place start or stop the engine of a heavy vehicle— it is immaterial that the occupier or person is not— the operator of the vehicle; or authorised by the operator to drive the vehicle or start or stop its engine; or qualified to drive the vehicle or start or stop its engine; and in starting or stopping the engine of the vehicle in compliance with the requirement, the occupier or person is exempt from a provision of an Australian road law to the extent the provision would require the occupier or person to be qualified to start or stop the engine.\n- (a) produce a document or give information to the authorised officer; or\n- Note— Section 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically.\n- (b) help the authorised officer to find and gain access to a document or information, including electronically stored information; or\n- • a document about the heavy vehicle’s performance, specifications (including the dimensions and other physical attributes of the vehicle or its fittings), functional capabilities (including the vehicle’s GVM, GCM and speed capabilities) or authorised operations required to be kept in the vehicle under this Law or a heavy vehicle accreditation\n- • a weighing document for a container loaded on to the heavy vehicle\n- • a telephone record\n- (c) help the authorised officer to weigh or measure— (i) a heavy vehicle or a component of a heavy vehicle; or (ii) the whole or part of a heavy vehicle’s load or equipment; or\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; or\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 a purpose relevant to the power being or proposed to be exercised; or\n- (f) provide access free of charge to photocopying equipment for the purpose of copying any records or other material.\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; or\n- 1 Section 587 also deals with self-incrimination when complying with a requirement of an authorised officer.\n- 2 Section 588 deals with the admissibility of information provided in complying with a requirement under this section.\n- (a) it is immaterial that the occupier or person is not— (i) the operator of the vehicle; or (ii) authorised by the operator to drive the vehicle or start or stop its engine; or (iii) qualified to drive the vehicle or start or stop its engine; and\n- (i) the operator of the vehicle; or\n- (ii) authorised by the operator to drive the vehicle or start or stop 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 with the requirement, the occupier or person is exempt from a provision of an Australian road law to the extent the provision would require the occupier or person to be qualified to start or stop the engine.\n- (i) the operator of the vehicle; or\n- (ii) authorised by the operator to drive the vehicle or start or stop its engine; or\n- (iii) qualified to drive the vehicle or start or stop its engine; and","sortOrder":855},{"sectionNumber":"sch-inc-ch.9-pt.9.5","sectionType":"part","heading":"Provisions about exercise of powers","content":"# Provisions about exercise of powers","sortOrder":856},{"sectionNumber":"sch-inc-ch.9-pt.9.5-div.1","sectionType":"division","heading":"Damage in exercising powers","content":"## Damage in exercising powers","sortOrder":857},{"sectionNumber":"sec.578","sectionType":"section","heading":"Duty to minimise inconvenience or damage","content":"### sec.578 Duty to minimise inconvenience or damage\n\nIn exercising a power under this Law, an authorised officer must exercise reasonable diligence to cause as little inconvenience, and do as little damage, as possible.\nSubsection (1) does not provide for a statutory right of compensation other than as provided under Division 2 .\nDivision 2 provides for compensation for costs, damage or loss incurred because of the exercise of a power by an authorised officer under this Chapter.\nsch s 578 amd 2016 No. 65 s 92\n(sec.578-ssec.1) In exercising a power under this Law, an authorised officer must exercise reasonable diligence to cause as little inconvenience, and do as little damage, as possible.\n(sec.578-ssec.2) Subsection (1) does not provide for a statutory right of compensation other than as provided under Division 2 . Division 2 provides for compensation for costs, damage or loss incurred because of the exercise of a power by an authorised officer under this Chapter.","sortOrder":858},{"sectionNumber":"sec.579","sectionType":"section","heading":"Restoring damaged thing","content":"### sec.579 Restoring damaged thing\n\nThis section applies if—\nan authorised officer damages something when exercising, or purporting to exercise, a power under this Law and the damage was caused by an improper or unreasonable exercise of the power or the use of unauthorised force; or\na person (the assistant ) acting under the direction or authority of an authorised officer damages something and the damage was caused by an improper or unreasonable exercise of a power or the use of unauthorised force.\nThe authorised officer must exercise reasonable diligence to restore the thing to the condition it was in immediately before the officer exercised the power, or the assistant took action under the officer’s direction or authority.\nsch s 579 amd 2016 No. 65 s 93\n(sec.579-ssec.1) This section applies if— an authorised officer damages something when exercising, or purporting to exercise, a power under this Law and the damage was caused by an improper or unreasonable exercise of the power or the use of unauthorised force; or a person (the assistant ) acting under the direction or authority of an authorised officer damages something and the damage was caused by an improper or unreasonable exercise of a power or the use of unauthorised force.\n(sec.579-ssec.2) The authorised officer must exercise reasonable diligence to restore the thing to the condition it was in immediately before the officer exercised the power, or the assistant took action under the officer’s direction or authority.\n- (a) an authorised officer damages something when exercising, or purporting to exercise, a power under this Law and the damage was caused by an improper or unreasonable exercise of the power or the use of unauthorised force; or\n- (b) a person (the assistant ) acting under the direction or authority of an authorised officer damages something and the damage was caused by an improper or unreasonable exercise of a power or the use of unauthorised force.","sortOrder":859},{"sectionNumber":"sec.580","sectionType":"section","heading":"Notice of damage","content":"### sec.580 Notice of damage\n\nThis section applies if—\nan authorised officer damages something when exercising, or purporting to exercise, a power under this Law; or\na person (the assistant ) acting under the direction or authority of an authorised officer damages something.\nHowever, this section does not apply to damage if the authorised officer reasonably believes—\nthe thing has been restored to the condition it was in immediately before the officer exercised the power, or the assistant took action under the officer’s direction or authority; or\nthe damage is trivial; or\nthere is no-one apparently in possession of the thing; or\nthe thing has been abandoned; or\nthe damage was not caused by an improper or unreasonable exercise of a power or the use of unauthorised force.\nThe authorised officer must give notice of the damage to the person who appears to the officer to be an owner, or person in control, of the thing.\nHowever, if for any reason it is not practicable to comply with subsection (3) , the authorised officer must—\nleave the notice at the place where the damage happened; and\nensure it is left in a conspicuous position and in a reasonably secure way.\nThe notice must state—\nparticulars of the damage; and\nthat the person who suffered the damage may claim compensation under section 581 .\nIf the authorised officer believes the damage was caused by a latent defect in the thing or circumstances beyond the control of the officer or the assistant the officer may state the belief in the notice.\nThe authorised officer may delay complying with subsection (3) or (4) if the officer reasonably suspects complying with the subsection may frustrate or otherwise hinder an investigation by the officer under this Law.\nThe delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place.\n(sec.580-ssec.1) This section applies if— an authorised officer damages something when exercising, or purporting to exercise, a power under this Law; or a person (the assistant ) acting under the direction or authority of an authorised officer damages something.\n(sec.580-ssec.2) However, this section does not apply to damage if the authorised officer reasonably believes— the thing has been restored to the condition it was in immediately before the officer exercised the power, or the assistant took action under the officer’s direction or authority; or the damage is trivial; or there is no-one apparently in possession of the thing; or the thing has been abandoned; or the damage was not caused by an improper or unreasonable exercise of a power or the use of unauthorised force.\n(sec.580-ssec.3) The authorised officer must give notice of the damage to the person who appears to the officer to be an owner, or person in control, of the thing.\n(sec.580-ssec.4) However, if for any reason it is not practicable to comply with subsection (3) , the authorised officer must— leave the notice at the place where the damage happened; and ensure it is left in a conspicuous position and in a reasonably secure way.\n(sec.580-ssec.5) The notice must state— particulars of the damage; and that the person who suffered the damage may claim compensation under section 581 .\n(sec.580-ssec.6) If the authorised officer believes the damage was caused by a latent defect in the thing or circumstances beyond the control of the officer or the assistant the officer may state the belief in the notice.\n(sec.580-ssec.7) The authorised officer may delay complying with subsection (3) or (4) if the officer reasonably suspects complying with the subsection may frustrate or otherwise hinder an investigation by the officer under this Law.\n(sec.580-ssec.8) The delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place.\n- (a) an authorised officer damages something when exercising, or purporting to exercise, a power under this Law; or\n- (b) a person (the assistant ) acting under the direction or authority of an authorised officer damages something.\n- (a) the thing has been restored to the condition it was in immediately before the officer exercised the power, or the assistant took action 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 exercise of a power or the use of unauthorised force.\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 secure way.\n- (a) particulars of the damage; and\n- (b) that the person who suffered the damage may claim compensation under section 581 .","sortOrder":860},{"sectionNumber":"sch-inc-ch.9-pt.9.5-div.2","sectionType":"division","heading":"Compensation","content":"## Compensation","sortOrder":861},{"sectionNumber":"sec.581","sectionType":"section","heading":"Compensation because of exercise of powers","content":"### sec.581 Compensation because of exercise of powers\n\nA person may claim compensation from the Regulator if the person incurs costs, damage or loss because of the exercise, or purported exercise, of a power by or for an authorised officer, including costs, damage or loss incurred because of compliance with a requirement made of the person under this Chapter.\nHowever, subsection (1) does not apply—\nto costs, damage or loss incurred because of a lawful seizure or forfeiture; or\nif the costs, damage or loss was not caused by an improper or unreasonable exercise of a power or the use of unauthorised force.\nThe compensation may be claimed and ordered in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor an offence against this Law in relation to which the power was exercised or purportedly exercised.\nA court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\nIn considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant.\nThe national regulations may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\n(sec.581-ssec.1) A person may claim compensation from the Regulator if the person incurs costs, damage or loss because of the exercise, or purported exercise, of a power by or for an authorised officer, including costs, damage or loss incurred because of compliance with a requirement made of the person under this Chapter.\n(sec.581-ssec.2) However, subsection (1) does not apply— to costs, damage or loss incurred because of a lawful seizure or forfeiture; or if the costs, damage or loss was not caused by an improper or unreasonable exercise of a power or the use of unauthorised force.\n(sec.581-ssec.3) The compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an offence against this Law in relation to which the power was exercised or purportedly exercised.\n(sec.581-ssec.4) A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.581-ssec.5) In considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant.\n(sec.581-ssec.6) The national regulations may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\n- (a) to costs, damage or loss incurred because of a lawful seizure or forfeiture; or\n- (b) if the costs, damage or loss was not caused by an improper or unreasonable exercise of a power or the use of unauthorised force.\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for an offence against this Law in relation to which the power was exercised or purportedly exercised.","sortOrder":862},{"sectionNumber":"sch-inc-ch.9-pt.9.5-div.3","sectionType":"division","heading":"Provision about exercise of particular powers","content":"## Provision about exercise of particular powers","sortOrder":863},{"sectionNumber":"sec.582","sectionType":"section","heading":"Duty to record particular information in driver’s work diary","content":"### sec.582 Duty to record particular information in driver’s work diary\n\nThis section applies if, under this Law, an authorised officer directs the driver of a fatigue-regulated heavy vehicle to stop the vehicle for compliance purposes.\nIf, for the exercise or purported exercise of a power under this Law, the authorised officer detains the driver for 5 minutes or longer, the driver may ask the officer to record the following details in the driver’s work diary—\nthe officer’s identifying details;\nthe time, date and place at which the driver stopped the heavy vehicle in compliance with the officer’s direction;\nthe length of time the driver spent talking to the officer in the exercise or purported exercise of a power under this Law.\nThe authorised officer must comply with the request.\nAn authorised officer complies with subsection (2) (a) by recording either his or her name, or his or her identification number.\n(sec.582-ssec.1) This section applies if, under this Law, an authorised officer directs the driver of a fatigue-regulated heavy vehicle to stop the vehicle for compliance purposes.\n(sec.582-ssec.2) If, for the exercise or purported exercise of a power under this Law, the authorised officer detains the driver for 5 minutes or longer, the driver may ask the officer to record the following details in the driver’s work diary— the officer’s identifying details; the time, date and place at which the driver stopped the heavy vehicle in compliance with the officer’s direction; the length of time the driver spent talking to the officer in the exercise or purported exercise of a power under this Law.\n(sec.582-ssec.3) The authorised officer must comply with the request.\n(sec.582-ssec.4) An authorised officer complies with subsection (2) (a) by recording either his or her name, or his or her identification number.\n- (a) the officer’s identifying details;\n- (b) the time, date and place at which the driver stopped the heavy vehicle in compliance with the officer’s direction;\n- (c) the length of time the driver spent talking to the officer in the exercise or purported exercise of a power under this Law.","sortOrder":864},{"sectionNumber":"sch-inc-ch.9-pt.9.6","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":865},{"sectionNumber":"sch-inc-ch.9-pt.9.6-div.1","sectionType":"division","heading":"Powers of Regulator","content":"## Powers of Regulator","sortOrder":866},{"sectionNumber":"sec.583","sectionType":"section","heading":"Regulator may exercise powers of authorised officers","content":"### sec.583 Regulator may exercise powers of authorised officers\n\nThe Regulator may exercise a power that is conferred on authorised officers under this Law, and accordingly the functions of the Regulator include the powers exercisable by the Regulator under this subsection.\nSubsection (1) does not apply to a power that requires the physical presence of an authorised officer.\n(sec.583-ssec.1) The Regulator may exercise a power that is conferred on authorised officers under this Law, and accordingly the functions of the Regulator include the powers exercisable by the Regulator under this subsection.\n(sec.583-ssec.2) Subsection (1) does not apply to a power that requires the physical presence of an authorised officer.","sortOrder":867},{"sectionNumber":"sch-inc-ch.9-pt.9.6-div.2","sectionType":"division","heading":"Other offences relating to authorised officers","content":"## Other offences relating to authorised officers","sortOrder":868},{"sectionNumber":"sec.584","sectionType":"section","heading":"Obstructing authorised officer","content":"### sec.584 Obstructing authorised officer\n\nA person must not obstruct—\nan authorised officer, or someone helping an authorised officer, exercising a power under this Law; or\nan assistant mentioned in section 518 , 519 or 523 exercising a power under that section.\nMaximum penalty—$10000.\nIn this section—\nobstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.\n(sec.584-ssec.1) A person must not obstruct— an authorised officer, or someone helping an authorised officer, exercising a power under this Law; or an assistant mentioned in section 518 , 519 or 523 exercising a power under that section. Maximum penalty—$10000.\n(sec.584-ssec.2) In this section— obstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.\n- (a) an authorised officer, or someone helping an authorised officer, exercising a power under this Law; or\n- (b) an assistant mentioned in section 518 , 519 or 523 exercising a power under that section.","sortOrder":869},{"sectionNumber":"sec.585","sectionType":"section","heading":"Impersonating authorised officer","content":"### sec.585 Impersonating authorised officer\n\nA person must not impersonate an authorised officer.\nMaximum penalty—$10000.","sortOrder":870},{"sectionNumber":"sch-inc-ch.9-pt.9.6-div.3","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":871},{"sectionNumber":"sec.586","sectionType":"section","heading":"Multiple requirements","content":"### sec.586 Multiple requirements\n\nAn authorised officer may—\non the same occasion—\ngive more than 1 direction or notice to, or make more than 1 requirement of, a person under a provision of this Chapter; or\ngive a direction or notice to, or make a requirement of, a person under a provision of this Chapter and give a direction or notice to, or make a requirement of, the person under 1 or more other provisions of this Chapter; or\ngive a direction or notice to, or make a requirement of, a person under a provision and give a further direction or notice to, or make a further requirement of, the person under the same provision; or\ngive a notice to a person in relation to a heavy vehicle under a provision of this Chapter and give a notice to a person in relation to the same heavy vehicle under the same provision or 1 or more other provisions of this Chapter; or\nmake a combination of directions, notices or requirements under paragraph (a) (i) or (ii) , (b) or (ba).\nsch s 586 sub 2013 No. 4 s 12\namd 2016 No. 65 s 135\n- (a) on the same occasion— (i) give more than 1 direction or notice to, or make more than 1 requirement of, a person under a provision of this Chapter; or (ii) give a direction or notice to, or make a requirement of, a person under a provision of this Chapter and give a direction or notice to, or make a requirement of, the person under 1 or more other provisions of this Chapter; or\n- (i) give more than 1 direction or notice to, or make more than 1 requirement of, a person under a provision of this Chapter; or\n- (ii) give a direction or notice to, or make a requirement of, a person under a provision of this Chapter and give a direction or notice to, or make a requirement of, the person under 1 or more other provisions of this Chapter; or\n- (b) give a direction or notice to, or make a requirement of, a person under a provision and give a further direction or notice to, or make a further requirement of, the person under the same provision; or\n- (ba) give a notice to a person in relation to a heavy vehicle under a provision of this Chapter and give a notice to a person in relation to the same heavy vehicle under the same provision or 1 or more other provisions of this Chapter; or\n- (c) make a combination of directions, notices or requirements under paragraph (a) (i) or (ii) , (b) or (ba).\n- (i) give more than 1 direction or notice to, or make more than 1 requirement of, a person under a provision of this Chapter; or\n- (ii) give a direction or notice to, or make a requirement of, a person under a provision of this Chapter and give a direction or notice to, or make a requirement of, the person under 1 or more other provisions of this Chapter; or","sortOrder":872},{"sectionNumber":"sec.587","sectionType":"section","heading":"Compliance with particular requirements","content":"### sec.587 Compliance with particular requirements\n\nA person is not excused from compliance with a requirement imposed by an authorised officer under this Chapter on the ground that compliance might incriminate the person or make the person liable to a penalty.\nSubsection (1) has effect subject to section 588 .\nsch s 587 sub 2013 No. 4 s 12\n(sec.587-ssec.1) A person is not excused from compliance with a requirement imposed by an authorised officer under this Chapter on the ground that compliance might incriminate the person or make the person liable to a penalty.\n(sec.587-ssec.2) Subsection (1) has effect subject to section 588 .","sortOrder":873},{"sectionNumber":"sec.588","sectionType":"section","heading":"Evidential immunity for individuals complying with particular requirements","content":"### sec.588 Evidential immunity for individuals complying with particular requirements\n\nThis section applies to a requirement made by an authorised officer under section 569 (1) (c) to (f) , 570 (1) (a) and (b) or 577 .\nThe following is not admissible in evidence against an individual in a criminal proceeding (except a proceeding for an offence against this Chapter)—\ninformation, other than information in the form of a document, that the individual gives in complying with the requirement;\ninformation that is directly or indirectly derived from information to which paragraph (a) applies.\nAny document produced by an individual in compliance with the requirement is not inadmissible in evidence against the individual in a criminal proceeding on the ground that the document might incriminate the individual.\nSubsection (2) does not apply to a proceeding about the false or misleading nature of anything in the information or in which the false or misleading nature of the information is relevant evidence.\nsch s 588 sub 2013 No. 4 s 12\namd 2016 No. 65 s 94 ; 2018 No. 18 s 27\n(sec.588-ssec.1) This section applies to a requirement made by an authorised officer under section 569 (1) (c) to (f) , 570 (1) (a) and (b) or 577 .\n(sec.588-ssec.2) The following is not admissible in evidence against an individual in a criminal proceeding (except a proceeding for an offence against this Chapter)— information, other than information in the form of a document, that the individual gives in complying with the requirement; information that is directly or indirectly derived from information to which paragraph (a) applies.\n(sec.588-ssec.3) Any document produced by an individual in compliance with the requirement is not inadmissible in evidence against the individual in a criminal proceeding on the ground that the document might incriminate the individual.\n(sec.588-ssec.4) Subsection (2) does not apply to a proceeding about the false or misleading nature of anything in the information or in which the false or misleading nature of the information is relevant evidence.\n- (a) information, other than information in the form of a document, that the individual gives in complying with the requirement;\n- (b) information that is directly or indirectly derived from information to which paragraph (a) applies.","sortOrder":874},{"sectionNumber":"sec.589","sectionType":"section","heading":"Effect of withdrawal of consent to enter under this Chapter","content":"### sec.589 Effect of withdrawal of consent to enter under this Chapter\n\nThis section applies if—\nan authorised officer enters a place with the occupier’s consent and has obtained evidence at the place; but\nthe occupier’s consent is later withdrawn.\nThe evidence obtained (including any evidence seized) up to the time the consent is withdrawn is not invalid or inadmissible in proceedings for a contravention of this Law merely because the consent was withdrawn.\nsch s 589 sub 2013 No. 4 s 12\n(sec.589-ssec.1) This section applies if— an authorised officer enters a place with the occupier’s consent and has obtained evidence at the place; but the occupier’s consent is later withdrawn.\n(sec.589-ssec.2) The evidence obtained (including any evidence seized) up to the time the consent is withdrawn is not invalid or inadmissible in proceedings for a contravention of this Law merely because the consent was withdrawn.\n- (a) an authorised officer enters a place with the occupier’s consent and has obtained evidence at the place; but\n- (b) the occupier’s consent is later withdrawn.","sortOrder":875},{"sectionNumber":"sch-inc-ch.10-pt.10.1","sectionType":"part","heading":"Formal warnings","content":"# Formal warnings","sortOrder":876},{"sectionNumber":"sec.590","sectionType":"section","heading":"Formal warning","content":"### sec.590 Formal warning\n\nThis section applies if an authorised officer reasonably believes—\na person has contravened this Law; and\nthe person had exercised reasonable diligence to prevent the contravention and was unaware of the contravention; and\nthe contravention may appropriately be dealt with by way of a warning under this section.\nThe authorised officer may give the person a written warning.\nHowever, a warning must not be given for—\na contravention of a mass, dimension or loading requirement constituting a substantial risk breach or severe risk breach; or\na contravention of a maximum work requirement or a minimum rest requirement constituting a substantial risk breach, severe risk breach or a critical risk breach.\nSubject to subsection (6) , if a warning is given to a person under this section for a contravention of this Law, the person can not be proceeded against for an offence against this Law constituted by the contravention.\nA warning given under this section may, within 21 days after it is given, be withdrawn by an approved authorised officer by giving the person to whom the warning was given notice of the withdrawal.\nAfter a warning given under this section is withdrawn under subsection (5) , a proceeding may be taken against the person to whom the warning was given for the contravention for which the warning was given.\nIn this section—\napproved authorised officer means—\nfor a warning given under this section by an authorised officer who is a police officer—an authorised officer who is a police officer and who has the relevant police commissioner’s written authority to withdraw warnings given under this section; or\nfor a warning given under this section by an authorised officer who is not a police officer—an authorised officer whose instrument of appointment provides that the authorised officer may withdraw warnings given under this section.\nproceeding includes action by way of an infringement notice.\nsch s 590 amd 2015 No. 12 s 57 ; 2016 No. 65 s 95\namd 2025 No. 26 s 125 (uncommenced amendment)\n(sec.590-ssec.1) This section applies if an authorised officer reasonably believes— a person has contravened this Law; and the person had exercised reasonable diligence to prevent the contravention and was unaware of the contravention; and the contravention may appropriately be dealt with by way of a warning under this section.\n(sec.590-ssec.2) The authorised officer may give the person a written warning.\n(sec.590-ssec.3) However, a warning must not be given for— a contravention of a mass, dimension or loading requirement constituting a substantial risk breach or severe risk breach; or a contravention of a maximum work requirement or a minimum rest requirement constituting a substantial risk breach, severe risk breach or a critical risk breach.\n(sec.590-ssec.4) Subject to subsection (6) , if a warning is given to a person under this section for a contravention of this Law, the person can not be proceeded against for an offence against this Law constituted by the contravention.\n(sec.590-ssec.5) A warning given under this section may, within 21 days after it is given, be withdrawn by an approved authorised officer by giving the person to whom the warning was given notice of the withdrawal.\n(sec.590-ssec.6) After a warning given under this section is withdrawn under subsection (5) , a proceeding may be taken against the person to whom the warning was given for the contravention for which the warning was given.\n(sec.590-ssec.7) In this section— approved authorised officer means— for a warning given under this section by an authorised officer who is a police officer—an authorised officer who is a police officer and who has the relevant police commissioner’s written authority to withdraw warnings given under this section; or for a warning given under this section by an authorised officer who is not a police officer—an authorised officer whose instrument of appointment provides that the authorised officer may withdraw warnings given under this section. proceeding includes action by way of an infringement notice.\n- (a) a person has contravened this Law; and\n- (b) the person had exercised reasonable diligence to prevent the contravention and was unaware of the contravention; and\n- (c) the contravention may appropriately be dealt with by way of a warning under this section.\n- (a) a contravention of a mass, dimension or loading requirement constituting a substantial risk breach or severe risk breach; or\n- (b) a contravention of a maximum work requirement or a minimum rest requirement constituting a substantial risk breach, severe risk breach or a critical risk breach.\n- (a) for a warning given under this section by an authorised officer who is a police officer—an authorised officer who is a police officer and who has the relevant police commissioner’s written authority to withdraw warnings given under this section; or\n- (b) for a warning given under this section by an authorised officer who is not a police officer—an authorised officer whose instrument of appointment provides that the authorised officer may withdraw warnings given under this section.","sortOrder":877},{"sectionNumber":"sch-inc-ch.10-pt.10.1A","sectionType":"part","heading":"Enforceable undertakings","content":"# Enforceable undertakings","sortOrder":878},{"sectionNumber":"sec.590A","sectionType":"section","heading":"Accepting undertaking","content":"### sec.590A Accepting undertaking\n\nThis section applies if a person contravenes or is alleged to have contravened this Law, other than section 26F .\nThe Regulator or an authorised officer (the promisee ) may accept an undertaking made by the person in relation to the contravention or alleged contravention.\nThe undertaking must be in the approved form.\nThe promisee may accept the undertaking only if the promisee reasonably believes the undertaking will ensure the person complies with this Law.\nThe promisee may accept the undertaking at any time before the proceeding for the contravention, or alleged contravention, ends.\nIf the promisee accepts an undertaking before the proceeding ends, the promisee must use reasonable diligence to have the proceeding discontinued as soon as possible.\nThe promisee must give the person written notice of—\nthe promisee’s decision to accept or reject the undertaking; and\nthe reasons for the decision.\nIf the promisee decides to accept the undertaking and the promisee is not the Regulator, the promisee must give the following documents to the Regulator within 28 days after accepting the undertaking—\na copy of the undertaking;\na statement of the reasons for the promisee’s decision to accept the undertaking.\nThe Regulator must publish the following information on the Regulator’s website—\na promisee’s decision to accept an undertaking under this section;\nthe reasons for the decision.\nAn authorised officer may act under this section only if—\nfor an authorised officer who is a police officer—the officer has the relevant police commissioner’s written authority to act under this section; or\nfor an authorised officer who is not a police officer—the officer’s instrument of appointment provides that the authorised officer may act under this section.\nsch s 590A ins 2016 No. 65 s 96\n(sec.590A-ssec.1) This section applies if a person contravenes or is alleged to have contravened this Law, other than section 26F .\n(sec.590A-ssec.2) The Regulator or an authorised officer (the promisee ) may accept an undertaking made by the person in relation to the contravention or alleged contravention.\n(sec.590A-ssec.3) The undertaking must be in the approved form.\n(sec.590A-ssec.4) The promisee may accept the undertaking only if the promisee reasonably believes the undertaking will ensure the person complies with this Law.\n(sec.590A-ssec.5) The promisee may accept the undertaking at any time before the proceeding for the contravention, or alleged contravention, ends.\n(sec.590A-ssec.6) If the promisee accepts an undertaking before the proceeding ends, the promisee must use reasonable diligence to have the proceeding discontinued as soon as possible.\n(sec.590A-ssec.7) The promisee must give the person written notice of— the promisee’s decision to accept or reject the undertaking; and the reasons for the decision.\n(sec.590A-ssec.8) If the promisee decides to accept the undertaking and the promisee is not the Regulator, the promisee must give the following documents to the Regulator within 28 days after accepting the undertaking— a copy of the undertaking; a statement of the reasons for the promisee’s decision to accept the undertaking.\n(sec.590A-ssec.9) The Regulator must publish the following information on the Regulator’s website— a promisee’s decision to accept an undertaking under this section; the reasons for the decision.\n(sec.590A-ssec.10) An authorised officer may act under this section only if— for an authorised officer who is a police officer—the officer has the relevant police commissioner’s written authority to act under this section; or for an authorised officer who is not a police officer—the officer’s instrument of appointment provides that the authorised officer may act under this section.\n- (a) the promisee’s decision to accept or reject the undertaking; and\n- (b) the reasons for the decision.\n- (a) a copy of the undertaking;\n- (b) a statement of the reasons for the promisee’s decision to accept the undertaking.\n- (a) a promisee’s decision to accept an undertaking under this section;\n- (b) the reasons for the decision.\n- (a) for an authorised officer who is a police officer—the officer has the relevant police commissioner’s written authority to act under this section; or\n- (b) for an authorised officer who is not a police officer—the officer’s instrument of appointment provides that the authorised officer may act under this section.","sortOrder":879},{"sectionNumber":"sec.590B","sectionType":"section","heading":"Effect of undertaking","content":"### sec.590B Effect of undertaking\n\nAn undertaking takes effect—\nwhen the promisee gives notice of the decision to accept the undertaking to the person who made the undertaking; or\nat a later time stated in the notice.\nWhile the undertaking is in effect, the person must comply with the undertaking.\nMaximum penalty—$10000.\nIf the person complies with the undertaking, no proceeding for the contravention or alleged contravention may be taken against the person.\nThe offer to make, or the making of, an undertaking is not an admission of guilt by the person offering to make, or making, the undertaking.\nsch s 590B ins 2016 No. 65 s 96\n(sec.590B-ssec.1) An undertaking takes effect— when the promisee gives notice of the decision to accept the undertaking to the person who made the undertaking; or at a later time stated in the notice.\n(sec.590B-ssec.2) While the undertaking is in effect, the person must comply with the undertaking. Maximum penalty—$10000.\n(sec.590B-ssec.3) If the person complies with the undertaking, no proceeding for the contravention or alleged contravention may be taken against the person.\n(sec.590B-ssec.4) The offer to make, or the making of, an undertaking is not an admission of guilt by the person offering to make, or making, the undertaking.\n- (a) when the promisee gives notice of the decision to accept the undertaking to the person who made the undertaking; or\n- (b) at a later time stated in the notice.","sortOrder":880},{"sectionNumber":"sec.590C","sectionType":"section","heading":"Withdrawing or changing undertaking","content":"### sec.590C Withdrawing or changing undertaking\n\nThe person who made an undertaking may, at any time, with the written agreement of the promisee—\nwithdraw the undertaking; or\nchange the undertaking.\nHowever, the provisions of the undertaking may not be changed to provide for a different contravention or alleged contravention of this Law.\nIf the promisee is not the Regulator, the promisee must give notice of the withdrawal or change of the undertaking to the Regulator.\nThe Regulator must publish notice of the withdrawal or change on the Regulator’s website.\nsch s 590C ins 2016 No. 65 s 96\n(sec.590C-ssec.1) The person who made an undertaking may, at any time, with the written agreement of the promisee— withdraw the undertaking; or change the undertaking.\n(sec.590C-ssec.2) However, the provisions of the undertaking may not be changed to provide for a different contravention or alleged contravention of this Law.\n(sec.590C-ssec.3) If the promisee is not the Regulator, the promisee must give notice of the withdrawal or change of the undertaking to the Regulator.\n(sec.590C-ssec.4) The Regulator must publish notice of the withdrawal or change on the Regulator’s website.\n- (a) withdraw the undertaking; or\n- (b) change the undertaking.","sortOrder":881},{"sectionNumber":"sec.590D","sectionType":"section","heading":"Contravening undertaking","content":"### sec.590D Contravening undertaking\n\nThe promisee may apply to a relevant tribunal or court for an order if the person who made an undertaking fails to comply with the undertaking.\nIf the relevant tribunal or court is satisfied the person has failed to comply with the undertaking, the relevant tribunal or court, as well as imposing any penalty, may make—\nan order directing the person to comply with the undertaking; or\nan order discharging the undertaking.\nAlso, the relevant tribunal or court may make any other order that the tribunal or court considers appropriate in the circumstances, including an order directing the person to pay to the State—\nthe costs of the proceeding; and\nthe reasonable costs of the promisee in monitoring whether the person complies with the undertaking in the future.\nNothing in this section prevents a proceeding being taken for the contravention or alleged contravention to which the undertaking relates.\nsch s 590D ins 2016 No. 65 s 96\n(sec.590D-ssec.1) The promisee may apply to a relevant tribunal or court for an order if the person who made an undertaking fails to comply with the undertaking.\n(sec.590D-ssec.2) If the relevant tribunal or court is satisfied the person has failed to comply with the undertaking, the relevant tribunal or court, as well as imposing any penalty, may make— an order directing the person to comply with the undertaking; or an order discharging the undertaking.\n(sec.590D-ssec.3) Also, the relevant tribunal or court may make any other order that the tribunal or court considers appropriate in the circumstances, including an order directing the person to pay to the State— the costs of the proceeding; and the reasonable costs of the promisee in monitoring whether the person complies with the undertaking in the future.\n(sec.590D-ssec.4) Nothing in this section prevents a proceeding being taken for the contravention or alleged contravention to which the undertaking relates.\n- (a) an order directing the person to comply with the undertaking; or\n- (b) an order discharging the undertaking.\n- (a) the costs of the proceeding; and\n- (b) the reasonable costs of the promisee in monitoring whether the person complies with the undertaking in the future.","sortOrder":882},{"sectionNumber":"sch-inc-ch.10-pt.10.2","sectionType":"part","heading":"Infringement notices","content":"# Infringement notices","sortOrder":883},{"sectionNumber":"sec.591","sectionType":"section","heading":"Infringement notices","content":"### sec.591 Infringement notices\n\nAn authorised officer who reasonably believes that a person has committed a prescribed offence against this Law may serve the person with an infringement notice issued as an alternative to prosecution in court for the offence.\nThe procedures to be followed in connection with infringement notices issued for the purposes of this Law as applied in this jurisdiction are to be the procedures prescribed by or under the Infringement Notice Offences Law of this jurisdiction.\nIn this section—\nprescribed offence means an offence prescribed by a law of this jurisdiction for the purposes of this section.\n(sec.591-ssec.1) An authorised officer who reasonably believes that a person has committed a prescribed offence against this Law may serve the person with an infringement notice issued as an alternative to prosecution in court for the offence.\n(sec.591-ssec.2) The procedures to be followed in connection with infringement notices issued for the purposes of this Law as applied in this jurisdiction are to be the procedures prescribed by or under the Infringement Notice Offences Law of this jurisdiction.\n(sec.591-ssec.3) In this section— prescribed offence means an offence prescribed by a law of this jurisdiction for the purposes of this section.","sortOrder":884},{"sectionNumber":"sec.592","sectionType":"section","heading":"Recording information about infringement penalties","content":"### sec.592 Recording information about infringement penalties\n\nThe Regulator may keep a record of—\neach infringement notice issued for the purposes of this Law; and\nthe payment of a fine sought by an infringement notice by a person to whom the notice is issued for the purposes of this Law.\nInformation in a record kept under subsection (1) may be used only—\nto accumulate aggregate data for research or education; or\nin a proceeding relating to the offence for which the infringement notice was issued, including, for example, an appeal against the conviction for the offence; or\nfor the purposes of section 601 (b) or 608 (b) ; or\nas authorised under subsection (3) .\nInformation in a record kept under subsection (1) (a) may be used by authorised officers in connection with the exercise of functions under this Law.\nsch s 592 sub 2013 No. 4 s 12\namd 2016 No. 65 s 97\n(sec.592-ssec.1) The Regulator may keep a record of— each infringement notice issued for the purposes of this Law; and the payment of a fine sought by an infringement notice by a person to whom the notice is issued for the purposes of this Law.\n(sec.592-ssec.2) Information in a record kept under subsection (1) may be used only— to accumulate aggregate data for research or education; or in a proceeding relating to the offence for which the infringement notice was issued, including, for example, an appeal against the conviction for the offence; or for the purposes of section 601 (b) or 608 (b) ; or as authorised under subsection (3) .\n(sec.592-ssec.3) Information in a record kept under subsection (1) (a) may be used by authorised officers in connection with the exercise of functions under this Law.\n- (a) each infringement notice issued for the purposes of this Law; and\n- (b) the payment of a fine sought by an infringement notice by a person to whom the notice is issued for the purposes of this Law.\n- (a) to accumulate aggregate data for research or education; or\n- (b) in a proceeding relating to the offence for which the infringement notice was issued, including, for example, an appeal 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) .","sortOrder":885},{"sectionNumber":"sch-inc-ch.10-pt.10.3","sectionType":"part","heading":"Court sanctions","content":"# Court sanctions","sortOrder":886},{"sectionNumber":"sch-inc-ch.10-pt.10.3-div.1","sectionType":"division","heading":"General provisions","content":"## General provisions","sortOrder":887},{"sectionNumber":"sec.593","sectionType":"section","heading":"Penalties court may impose","content":"### sec.593 Penalties court may impose\n\nA court that finds a person guilty of an offence against this Law may impose any 1 or more of the penalties provided for in this Part.\nWithout limiting the court’s discretion, when imposing 2 or more penalties under this Part, the court must take into account the combined effect of the penalties imposed.\nThis Part does not limit the powers or discretion of the court under another law.\nsch s 593 sub 2013 No. 4 s 12\n(sec.593-ssec.1) A court that finds a person guilty of an offence against this Law may impose any 1 or more of the penalties provided for in this Part.\n(sec.593-ssec.2) Without limiting the court’s discretion, when imposing 2 or more penalties under this Part, the court must take into account the combined effect of the penalties imposed.\n(sec.593-ssec.3) This Part does not limit the powers or discretion of the court under another law.","sortOrder":888},{"sectionNumber":"sec.594","sectionType":"section","heading":"Matters court must consider when imposing sanction for noncompliance with mass, dimension or loading requirement","content":"### sec.594 Matters court must consider when imposing sanction for noncompliance with mass, dimension or loading requirement\n\nThe purpose of this section is to bring to a court’s attention the implications and consequences of a contravention of a mass, dimension or loading requirement when deciding the kind and level of sanction to be imposed for the contravention.\nIn deciding the sanction, including the level of a fine, to be imposed for the contravention, the court must consider the following matters—\na minor risk breach of a mass, dimension or loading requirement involves either or both of the following—\nan appreciable risk of accelerated road wear;\nan appreciable risk of unfair commercial advantage;\na substantial risk breach of a mass, dimension or loading requirement involves 1 or more of the following—\na substantial risk of accelerated road wear;\nan appreciable risk of damage to road infrastructure;\nan appreciable risk of increased traffic congestion;\nan appreciable risk of diminished public amenity;\na substantial risk of unfair commercial advantage;\na severe risk breach of a mass, dimension or loading requirement involves 1 or more of the following—\nan appreciable risk of harm to public safety or the environment;\na serious risk of accelerated road wear;\na serious risk of damage to road infrastructure;\na serious risk of increased traffic congestion;\na serious risk of diminished public amenity;\na serious risk of unfair commercial advantage.\nThis section does not limit the matters the court may consider in deciding the sanction for the contravention.\nNothing in this section authorises or requires the court to assign the contravention to a different risk category.\nNothing in this section requires evidence to be adduced about a matter mentioned in subsection (2) .\nsch s 594 sub 2013 No. 4 s 12\n(sec.594-ssec.1) The purpose of this section is to bring to a court’s attention the implications and consequences of a contravention of a mass, dimension or loading requirement when deciding the kind and level of sanction to be imposed for the contravention.\n(sec.594-ssec.2) In deciding the sanction, including the level of a fine, to be imposed for the contravention, the court must consider the following matters— a minor risk breach of a mass, dimension or loading requirement involves either or both of the following— an appreciable risk of accelerated road wear; an appreciable risk of unfair commercial advantage; a substantial risk breach of a mass, dimension or loading requirement involves 1 or more of the following— a substantial risk of accelerated road wear; an appreciable risk of damage to road infrastructure; an appreciable risk of increased traffic congestion; an appreciable risk of diminished public amenity; a substantial risk of unfair commercial advantage; a severe risk breach of a mass, dimension or loading requirement involves 1 or more of the following— an appreciable risk of harm to public safety or the environment; a serious risk of accelerated road wear; a serious risk of damage to road infrastructure; a serious risk of increased traffic congestion; a serious risk of diminished public amenity; a serious risk of unfair commercial advantage.\n(sec.594-ssec.3) This section does not limit the matters the court may consider in deciding the sanction for the contravention.\n(sec.594-ssec.4) Nothing in this section authorises or requires the court to assign the contravention to a different risk category.\n(sec.594-ssec.5) Nothing in this section requires evidence to be adduced about a matter mentioned in subsection (2) .\n- (a) a minor risk breach of a mass, dimension or loading requirement involves either or both of the following— (i) an appreciable risk of accelerated road wear; (ii) an appreciable risk of unfair commercial advantage;\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 requirement involves 1 or more of the following— (i) a substantial risk of accelerated road wear; (ii) an appreciable risk of damage to road infrastructure; (iii) an appreciable risk of increased traffic congestion; (iv) an appreciable risk of diminished public amenity; (v) a substantial risk of unfair commercial advantage;\n- (i) a substantial risk of accelerated road wear;\n- (ii) an appreciable risk of damage to road infrastructure;\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 involves 1 or more of the following— (i) an appreciable risk of harm to public safety or the environment; (ii) a serious risk of accelerated road wear; (iii) a serious risk of damage to road infrastructure; (iv) a serious risk of increased traffic congestion; (v) a serious risk of diminished public amenity; (vi) a serious risk of unfair commercial advantage.\n- (i) an appreciable risk of harm to public safety or the environment;\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- (i) an appreciable risk of accelerated road wear;\n- (ii) an appreciable risk of unfair commercial advantage;\n- (i) a substantial risk of accelerated road wear;\n- (ii) an appreciable risk of damage to road infrastructure;\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- (i) an appreciable risk of harm to public safety or the environment;\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.","sortOrder":889},{"sectionNumber":"sec.595","sectionType":"section","heading":"Court may treat noncompliance with mass, dimension or loading requirement as a different risk category","content":"### sec.595 Court may treat noncompliance with mass, dimension or loading requirement as a different risk category\n\nIf a court is satisfied there has been a contravention of a mass, dimension or loading requirement but is not satisfied the contravention is a substantial risk breach or a severe risk breach, the court may treat the contravention as a minor risk breach.\nIf a court is satisfied there has been a contravention of a mass, dimension or loading requirement and that the contravention is at least a substantial risk breach but is not satisfied the contravention is a severe risk breach, the court may treat the contravention as a substantial risk breach.\nsch s 595 sub 2013 No. 4 s 12\n(sec.595-ssec.1) If a court is satisfied there has been a contravention of a mass, dimension or loading requirement but is not satisfied the contravention is a substantial risk breach or a severe risk breach, the court may treat the contravention as a minor risk breach.\n(sec.595-ssec.2) If a court is satisfied there has been a contravention of a mass, dimension or loading requirement and that the contravention is at least a substantial risk breach but is not satisfied the contravention is a severe risk breach, the court may treat the contravention as a substantial risk breach.","sortOrder":890},{"sectionNumber":"sch-inc-ch.10-pt.10.3-div.2","sectionType":"division","heading":"Provisions about imposing fines","content":"## Provisions about imposing fines","sortOrder":891},{"sectionNumber":"sec.596","sectionType":"section","heading":"Body corporate fines under penalty provision","content":"### sec.596 Body corporate fines under penalty provision\n\nThis section applies to a provision of this Law that—\nprescribes a maximum fine for an offence; and\ndoes not expressly prescribe a maximum fine for a body corporate different to the maximum fine for an individual.\nThe maximum fine is taken only to be the maximum fine for an individual.\nIf a body corporate is found guilty of the offence, the court may impose a maximum fine of an amount equal to 5 times the maximum fine for an individual.\nsch s 596 sub 2013 No. 4 s 12\n(sec.596-ssec.1) This section applies to a provision of this Law that— prescribes a maximum fine for an offence; and does not expressly prescribe a maximum fine for a body corporate different to the maximum fine for an individual.\n(sec.596-ssec.2) The maximum fine is taken only to be the maximum fine for an individual.\n(sec.596-ssec.3) If a body corporate is found guilty of the offence, the court may impose a maximum fine of an amount equal to 5 times the maximum fine for an individual.\n- (a) prescribes a maximum fine for an offence; and\n- (b) does not expressly prescribe a maximum fine for a body corporate different to the maximum fine for an individual.","sortOrder":892},{"sectionNumber":"sch-inc-ch.10-pt.10.3-div.2A","sectionType":"division","heading":"Injunctions","content":"## Injunctions","sortOrder":893},{"sectionNumber":"sec.596A","sectionType":"section","heading":"Injunctions","content":"### sec.596A Injunctions\n\nIf a court convicts a person of an offence against this Law, the court may issue an injunction requiring the person to cease contravening this Law.\nAn injunction may also be obtained under section 576E for noncompliance with an improvement notice or prohibition notice.\nsch s 596A ins 2018 No. 18 s 28","sortOrder":894},{"sectionNumber":"sch-inc-ch.10-pt.10.3-div.3","sectionType":"division","heading":"Commercial benefits penalty orders","content":"## Commercial benefits penalty orders","sortOrder":895},{"sectionNumber":"sec.597","sectionType":"section","heading":"Commercial benefits penalty order","content":"### sec.597 Commercial benefits penalty order\n\nIf a court convicts a person of an offence against this Law, the court may, on application by the prosecutor, make an order (a commercial benefits penalty order ) requiring the person to pay, as a fine, an amount not exceeding 3 times the amount estimated by the court to be the gross commercial benefit—\nreceived or receivable, by the person or by an associate of the person, from the commission of the offence; and\nfor a journey that was interrupted or not commenced because of action taken by an authorised officer in connection with the commission of the offence—that would have been received or receivable, by the person or by an associate of the person, from the commission of the offence had the journey been completed.\nIn estimating the gross commercial benefit, the court may take into account—\nbenefits of any kind, whether or not monetary; and\nany other matters it considers relevant, including, for example—\nthe value of any goods involved in the offence; and\nthe distance over which the goods were, or were to be, carried.\nHowever, in estimating the gross commercial benefit, the court must disregard any costs, expenses or liabilities incurred by the person or by an associate of the person.\nNothing in this section prevents the court from ordering payment of an amount that is less than the estimated gross commercial benefit.\nsch s 597 om 2013 No. 4 s 12\n(sec.597-ssec.1) If a court convicts a person of an offence against this Law, the court may, on application by the prosecutor, make an order (a commercial benefits penalty order ) requiring the person to pay, as a fine, an amount not exceeding 3 times the amount estimated by the court to be the gross commercial benefit— received or receivable, by the person or by an associate of the person, from the commission of the offence; and for a journey that was interrupted or not commenced because of action taken by an authorised officer in connection with the commission of the offence—that would have been received or receivable, by the person or by an associate of the person, from the commission of the offence had the journey been completed.\n(sec.597-ssec.2) In estimating the gross commercial benefit, the court may take into account— benefits of any kind, whether or not monetary; and any other matters it considers relevant, including, for example— the value of any goods involved in the offence; and the distance over which the goods were, or were to be, carried.\n(sec.597-ssec.3) However, in estimating the gross commercial benefit, the court must disregard any costs, expenses or liabilities incurred by the person or by an associate of the person.\n(sec.597-ssec.4) Nothing in this section prevents the court from ordering payment of an amount that is less than the estimated gross commercial benefit.\n- (a) received or receivable, by the person or by an associate of the person, from the commission of the offence; and\n- (b) for a journey that was interrupted or not commenced because of action taken by an authorised officer in connection with the commission of the offence—that would have been received or receivable, by the person or by an associate of the person, from the commission of the offence had the journey been completed.\n- (a) benefits of any kind, whether or not monetary; and\n- (b) any other matters it considers relevant, including, for example— (i) the value of any goods involved in the offence; and (ii) the distance over which the goods were, or were to be, carried.\n- (i) the value of any goods involved in the offence; and\n- (ii) the distance over which the goods were, or were to be, carried.\n- (i) the value of any goods involved in the offence; and\n- (ii) the distance over which the goods were, or were to be, carried.","sortOrder":896},{"sectionNumber":"sch-inc-ch.10-pt.10.3-div.4","sectionType":"division","heading":"Cancelling or suspending registration","content":"## Cancelling or suspending registration","sortOrder":897},{"sectionNumber":"sec.598","sectionType":"section","heading":"Power to cancel or suspend vehicle registration","content":"### sec.598 Power to cancel or suspend vehicle registration\n\nThis section applies if a court convicts a person of—\nan offence against this Law relating to a contravention of a mass, dimension or loading requirement constituting a severe risk breach; or\nan offence against this Law other than an offence relating to a contravention of a mass, dimension or loading requirement.\nThe court may make an order that the registration of a heavy vehicle in relation to which the offence was committed and of which the person is a registered operator is—\ncancelled; or\nsuspended for a stated period.\nIf the court makes an order under subsection (2) against a person, the court may also make an order that the person, or an associate of the person, is disqualified from applying for the registration of the heavy vehicle for a stated period.\nIf the court considers that another person who is not present in court may be substantially affected by an order under subsection (2) or (3) , the court may issue a summons to that person to show cause why the order should not be made.\nThe court is to ensure that the registration authority for the heavy vehicle is notified of the decision to make an order under subsection (2) or (3) and the terms of the order, but failure to do so does not invalidate the decision or the order.\nsch s 598 sub 2013 No. 4 s 12\namd 2018 No. 10 s 31\n(sec.598-ssec.1) This section applies if a court convicts a person of— an offence against this Law relating to a contravention of a mass, dimension or loading requirement constituting a severe risk breach; or an offence against this Law other than an offence relating to a contravention of a mass, dimension or loading requirement.\n(sec.598-ssec.2) The court may make an order that the registration of a heavy vehicle in relation to which the offence was committed and of which the person is a registered operator is— cancelled; or suspended for a stated period.\n(sec.598-ssec.3) If the court makes an order under subsection (2) against a person, the court may also make an order that the person, or an associate of the person, is disqualified from applying for the registration of the heavy vehicle for a stated period.\n(sec.598-ssec.4) If the court considers that another person who is not present in court may be substantially affected by an order under subsection (2) or (3) , the court may issue a summons to that person to show cause why the order should not be made.\n(sec.598-ssec.5) The court is to ensure that the registration authority for the heavy vehicle is notified of the decision to make an order under subsection (2) or (3) and the terms of the order, but failure to do so does not invalidate the decision or the order.\n- (a) an offence against this Law relating to a contravention of a mass, dimension or loading requirement constituting a severe risk breach; or\n- (b) an offence against this Law other than an offence relating to a contravention of a mass, dimension or loading requirement.\n- (a) cancelled; or\n- (b) suspended for a stated period.","sortOrder":898},{"sectionNumber":"sch-inc-ch.10-pt.10.3-div.5","sectionType":"division","heading":"Supervisory intervention orders","content":"## Supervisory intervention orders","sortOrder":899},{"sectionNumber":"sec.599","sectionType":"section","heading":"Application of Div 5","content":"### sec.599 Application of Div 5\n\nThis Division applies if a court—\nconvicts a person (the convicted person ) of an offence against this Law; and\nconsiders the person to be, or likely to become, a systematic or persistent offender of this Law having regard to the circumstances of offences against this Law and previous corresponding laws for which the person has previously been convicted.\nsch s 599 om 2013 No. 4 s 12\n- (a) convicts a person (the convicted person ) of an offence against this Law; and\n- (b) considers the person to be, or likely to become, a systematic or persistent offender of this Law having regard to the circumstances of offences against this Law and previous corresponding laws for which the person has previously been convicted.","sortOrder":900},{"sectionNumber":"sec.600","sectionType":"section","heading":"Court may make supervisory intervention order","content":"### sec.600 Court may make supervisory intervention order\n\nThe court may, on application by the prosecutor or the Regulator, make an order (a supervisory intervention order ) requiring the convicted person, at the person’s own expense and for a stated period of not more than 1 year, to do 1 or more of the following—\nstated things the court considers will improve the person’s compliance with this Law, or stated aspects of this Law, including, for example—\nappointing staff to, or removing staff from, particular positions; or\ntraining and supervising staff; or\nobtaining expert advice about maintaining compliance with this Law, or stated aspects of this Law; or\ninstalling equipment for monitoring or managing compliance with this Law, or stated aspects of this Law, including, for example, intelligent transport system equipment; or\nimplementing practices, systems or procedures for monitoring or ensuring compliance with this Law, or stated aspects of this Law;\nimplement stated practices, systems or procedures for monitoring or ensuring compliance with this Law, or stated aspects of this Law, subject to the direction of the Regulator or a person nominated by the Regulator;\ngive compliance reports about the convicted person to the Regulator or the court (or both), in a stated way and for stated periods;\nappoint a person to have the following responsibilities—\nhelping the convicted person to improve the convicted person’s compliance with this Law or stated aspects of this Law;\nmonitoring the convicted person’s compliance with this Law or stated aspects of this Law and with the order;\ngiving compliance reports about the convicted person to the Regulator or the court (or both), in a stated way and for stated periods.\nIn this section—\ncompliance report , about a person in relation to whom a supervisory intervention order is made, means a report about the person’s compliance with this Law, stated aspects of this Law, or the order, including, for example, a report containing stated information about—\nthings done by the person to ensure compliance with this Law or stated aspects of this Law; and\nthe effect of the things mentioned in paragraph (a) .\nsch s 600 om 2013 No. 4 s 12\n(sec.600-ssec.1) The court may, on application by the prosecutor or the Regulator, make an order (a supervisory intervention order ) requiring the convicted person, at the person’s own expense and for a stated period of not more than 1 year, to do 1 or more of the following— stated things the court considers will improve the person’s compliance with this Law, or stated aspects of this Law, including, for example— appointing staff to, or removing staff from, particular positions; or training and supervising staff; or obtaining expert advice about maintaining compliance with this Law, or stated aspects of this Law; or installing equipment for monitoring or managing compliance with this Law, or stated aspects of this Law, including, for example, intelligent transport system equipment; or implementing practices, systems or procedures for monitoring or ensuring compliance with this Law, or stated aspects of this Law; implement stated practices, systems or procedures for monitoring or ensuring compliance with this Law, or stated aspects of this Law, subject to the direction of the Regulator or a person nominated by the Regulator; give compliance reports about the convicted person to the Regulator or the court (or both), in a stated way and for stated periods; appoint a person to have the following responsibilities— helping the convicted person to improve the convicted person’s compliance with this Law or stated aspects of this Law; monitoring the convicted person’s compliance with this Law or stated aspects of this Law and with the order; giving compliance reports about the convicted person to the Regulator or the court (or both), in a stated way and for stated periods.\n(sec.600-ssec.2) In this section— compliance report , about a person in relation to whom a supervisory intervention order is made, means a report about the person’s compliance with this Law, stated aspects of this Law, or the order, including, for example, a report containing stated information about— things done by the person to ensure compliance with this Law or stated aspects of this Law; and the effect of the things mentioned in paragraph (a) .\n- (a) stated things the court considers will improve the person’s compliance with this Law, or stated aspects of this Law, including, for example— (i) appointing staff to, or removing staff from, particular positions; or (ii) training and supervising staff; or (iii) obtaining expert advice about maintaining compliance with this Law, or stated aspects of this Law; or (iv) installing equipment for monitoring or managing compliance with this Law, or stated aspects of this Law, including, for example, intelligent transport system equipment; or (v) implementing practices, systems or procedures for monitoring or ensuring compliance with this Law, or stated aspects of this Law;\n- (i) appointing staff to, or removing staff from, particular positions; or\n- (ii) training and supervising staff; or\n- (iii) obtaining expert advice about maintaining compliance with this Law, or stated aspects of this Law; or\n- (iv) installing equipment for monitoring or managing compliance with this Law, or stated aspects of this Law, including, for example, intelligent transport system equipment; or\n- (v) implementing practices, systems or procedures for monitoring or ensuring compliance with this Law, or stated aspects of this Law;\n- (b) implement stated practices, systems or procedures for monitoring or ensuring compliance with this Law, or stated aspects of this Law, subject to the direction of the Regulator or a person nominated by the Regulator;\n- (c) give compliance reports about the convicted person to the Regulator or the court (or both), in a stated way and for stated periods;\n- (d) appoint a person to have the following responsibilities— (i) helping the convicted person to improve the convicted person’s compliance with this Law or stated aspects of this Law; (ii) monitoring the convicted person’s compliance with this Law or stated aspects of this Law and with the order; (iii) giving compliance reports about the convicted person to the Regulator or the court (or both), in a stated way and for stated periods.\n- (i) helping the convicted person to improve the convicted person’s compliance with this Law or stated aspects of this Law;\n- (ii) monitoring the convicted person’s compliance with this Law or stated aspects of this Law and with the order;\n- (iii) giving compliance reports about the convicted person to the Regulator or the court (or both), in a stated way and for stated periods.\n- (i) appointing staff to, or removing staff from, particular positions; or\n- (ii) training and supervising staff; or\n- (iii) obtaining expert advice about maintaining compliance with this Law, or stated aspects of this Law; or\n- (iv) installing equipment for monitoring or managing compliance with this Law, or stated aspects of this Law, including, for example, intelligent transport system equipment; or\n- (v) implementing practices, systems or procedures for monitoring or ensuring compliance with this Law, or stated aspects of this Law;\n- (i) helping the convicted person to improve the convicted person’s compliance with this Law or stated aspects of this Law;\n- (ii) monitoring the convicted person’s compliance with this Law or stated aspects of this Law and with the order;\n- (iii) giving compliance reports about the convicted person to the Regulator or the court (or both), in a stated way and for stated periods.\n- (a) things done by the person to ensure compliance with this Law or stated aspects of this Law; and\n- (b) the effect of the things mentioned in paragraph (a) .","sortOrder":901},{"sectionNumber":"sec.601","sectionType":"section","heading":"Limitation on making supervisory intervention order","content":"### sec.601 Limitation on making supervisory intervention order\n\nThe court may make a supervisory intervention order only if the court is satisfied the order is capable of improving the convicted person’s ability or willingness to comply with this Law having regard to—\nthe offences against this Law or a previous corresponding law for which the person has previously been convicted; and\nthe offences against this Law or a previous corresponding law for which the person has been proceeded against by way of unwithdrawn infringement notices; and\nany other offences or other matters that the court considers relevant to the person’s conduct in connection with road transport.\nsch s 601 om 2013 No. 4 s 12\n- (a) the offences against this Law or a previous corresponding law for which the person has previously been convicted; and\n- (b) the offences against this Law or a previous corresponding law for which the person has been proceeded against by way of unwithdrawn infringement notices; and\n- (c) any other offences or other matters that the court considers relevant to the person’s conduct in connection with road transport.","sortOrder":902},{"sectionNumber":"sec.602","sectionType":"section","heading":"Supervisory intervention order may suspend other sanctions","content":"### sec.602 Supervisory intervention order may suspend other sanctions\n\nA supervisory intervention order may direct that any other penalty or sanction imposed for the offence to which it relates is suspended until the order ends unless the court decides there has been a substantial failure to comply with the order.\nFor the purposes of subsection (1) , a court may decide that a failure to comply with a supervisory intervention order is a substantial failure if the failure causes, or creates a risk of, serious harm to public safety, the environment or road infrastructure.\nsch s 602 om 2013 No. 4 s 12\n(sec.602-ssec.1) A supervisory intervention order may direct that any other penalty or sanction imposed for the offence to which it relates is suspended until the order ends unless the court decides there has been a substantial failure to comply with the order.\n(sec.602-ssec.2) For the purposes of subsection (1) , a court may decide that a failure to comply with a supervisory intervention order is a substantial failure if the failure causes, or creates a risk of, serious harm to public safety, the environment or road infrastructure.","sortOrder":903},{"sectionNumber":"sec.603","sectionType":"section","heading":"Amendment or revocation of supervisory intervention order","content":"### sec.603 Amendment or revocation of supervisory intervention order\n\nA court that makes a supervisory intervention order may, on application by the Regulator or the person to whom the order applies, amend or revoke the order if the court is satisfied there has been a change in circumstances warranting the amendment or revocation.\nsch s 603 om 2013 No. 4 s 12","sortOrder":904},{"sectionNumber":"sec.604","sectionType":"section","heading":"Contravention of supervisory intervention order","content":"### sec.604 Contravention of supervisory intervention order\n\nA person to whom a supervisory intervention order applies must comply with the order, unless the person has a reasonable excuse.\nMaximum penalty—$10000.\nsch s 604 om 2013 No. 4 s 12","sortOrder":905},{"sectionNumber":"sec.605","sectionType":"section","heading":"Effect of supervisory intervention order if prohibition order applies to same person","content":"### sec.605 Effect of supervisory intervention order if prohibition order applies to same person\n\nThis section applies if both a supervisory intervention order and a prohibition order is in force at the same time against the same person.\nThe supervisory intervention order has no effect while the prohibition order has effect.\nsch s 605 om 2013 No. 4 s 12\n(sec.605-ssec.1) This section applies if both a supervisory intervention order and a prohibition order is in force at the same time against the same person.\n(sec.605-ssec.2) The supervisory intervention order has no effect while the prohibition order has effect.","sortOrder":906},{"sectionNumber":"sch-inc-ch.10-pt.10.3-div.6","sectionType":"division","heading":"Prohibition orders","content":"## Prohibition orders","sortOrder":907},{"sectionNumber":"sec.606","sectionType":"section","heading":"Application of Div 6","content":"### sec.606 Application of Div 6\n\nThis Division applies if a court—\nconvicts a person (the convicted person ) of an offence against this Law; and\nconsiders the person to be, or likely to become, a systematic or persistent offender of this Law having regard to the circumstances of offences against this Law and previous corresponding laws for which the person has previously been convicted.\nsch s 606 om 2013 No. 4 s 12\n- (a) convicts a person (the convicted person ) of an offence against this Law; and\n- (b) considers the person to be, or likely to become, a systematic or persistent offender of this Law having regard to the circumstances of offences against this Law and previous corresponding laws for which the person has previously been convicted.","sortOrder":908},{"sectionNumber":"sec.607","sectionType":"section","heading":"Court may make prohibition order","content":"### sec.607 Court may make prohibition order\n\nThe court may, on application by the prosecutor or the Regulator, make an order (a prohibition order ) prohibiting the convicted person, for a stated period of not more than 1 year, from having a stated role or responsibility associated with road transport.\nHowever, the court can not make a prohibition order prohibiting the convicted person from driving a vehicle or having a vehicle registered or licensed under an Australian road law in the convicted person’s name.\nsch s 607 om 2013 No. 4 s 12\n(sec.607-ssec.1) The court may, on application by the prosecutor or the Regulator, make an order (a prohibition order ) prohibiting the convicted person, for a stated period of not more than 1 year, from having a stated role or responsibility associated with road transport.\n(sec.607-ssec.2) However, the court can not make a prohibition order prohibiting the convicted person from driving a vehicle or having a vehicle registered or licensed under an Australian road law in the convicted person’s name.","sortOrder":909},{"sectionNumber":"sec.608","sectionType":"section","heading":"Limitation on making prohibition order","content":"### sec.608 Limitation on making prohibition order\n\nThe court may make a prohibition order only if the court is satisfied the convicted person should not continue to have the role or responsibilities prohibited by the order, and that a supervisory intervention order is not appropriate, having regard to—\nthe offences against this Law or a previous corresponding law for which the person has previously been convicted; and\nthe offences against this Law or a previous corresponding law for which the person has been proceeded against by way of unwithdrawn infringement notices; and\nany other offences or other matters that the court considers relevant to the person’s conduct in connection with road transport.\nsch s 608 om 2013 No. 4 s 12\n- (a) the offences against this Law or a previous corresponding law for which the person has previously been convicted; and\n- (b) the offences against this Law or a previous corresponding law for which the person has been proceeded against by way of unwithdrawn infringement notices; and\n- (c) any other offences or other matters that the court considers relevant to the person’s conduct in connection with road transport.","sortOrder":910},{"sectionNumber":"sec.609","sectionType":"section","heading":"Amendment or revocation of prohibition order","content":"### sec.609 Amendment or revocation of prohibition order\n\nA court that makes a prohibition order may, on application by the Regulator or the person to whom the order applies, amend or revoke the order if the court is satisfied there has been a change in circumstances warranting the amendment or revocation.\nsch s 609 om 2013 No. 4 s 12","sortOrder":911},{"sectionNumber":"sec.610","sectionType":"section","heading":"Contravention of prohibition order","content":"### sec.610 Contravention of prohibition order\n\nA person to whom a prohibition order applies must comply with the order, unless the person has a reasonable excuse.\nMaximum penalty—$10000.\nsch s 610 om 2013 No. 4 s 12","sortOrder":912},{"sectionNumber":"sch-inc-ch.10-pt.10.3-div.7","sectionType":"division","heading":"Compensation orders","content":"## Compensation orders","sortOrder":913},{"sectionNumber":"sec.611","sectionType":"section","heading":"Court may make compensation order","content":"### sec.611 Court may make compensation order\n\nA court that convicts a person (the convicted person ) of an offence against this Law may make an order (a compensation order ) requiring the convicted person to pay the road manager for a road, by way of compensation, an amount the court considers appropriate for loss incurred, or likely to be incurred, by the road manager for damage caused to road infrastructure as a result of the offence.\nA compensation order may be made on the application of the prosecutor, the Regulator or the road manager.\nThe court may make a compensation order in relation to damage the court considers, on the balance of probabilities, was caused or partly caused by the commission of the offence.\nThe court may make a compensation order—\nwhen the court gives its sentence for the offence; or\nat a later time, but not after the end of the period within which a proceeding for the offence must start under this Law.\nSee section 707A for the period within which a proceeding for an offence against this Law, other than an indictable offence, must start.\nsch s 611 sub 2013 No. 4 s 12\namd 2016 No. 65 s 98\n(sec.611-ssec.1) A court that convicts a person (the convicted person ) of an offence against this Law may make an order (a compensation order ) requiring the convicted person to pay the road manager for a road, by way of compensation, an amount the court considers appropriate for loss incurred, or likely to be incurred, by the road manager for damage caused to road infrastructure as a result of the offence.\n(sec.611-ssec.2) A compensation order may be made on the application of the prosecutor, the Regulator or the road manager.\n(sec.611-ssec.3) The court may make a compensation order in relation to damage the court considers, on the balance of probabilities, was caused or partly caused by the commission of the offence.\n(sec.611-ssec.4) The court may make a compensation order— when the court gives its sentence for the offence; or at a later time, but not after the end of the period within which a proceeding for the offence must start under this Law. See section 707A for the period within which a proceeding for an offence against this Law, other than an indictable offence, must start.\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 proceeding for the offence must start under this Law.","sortOrder":914},{"sectionNumber":"sec.612","sectionType":"section","heading":"Assessment of compensation","content":"### sec.612 Assessment of compensation\n\nIn making a compensation order, the court may assess the amount of compensation required to be paid by the order in the way it considers appropriate, including, for example, by reference to the estimated cost of remedying the damage.\nIn assessing the amount of compensation, the court may have regard to—\nevidence adduced in connection with the prosecution of the offence; and\nany evidence not adduced in connection with the prosecution of the offence but adduced in connection with the making of the order; and\nif the road manager is a public authority—\nany certificate of the public authority stating that the authority is responsible for maintaining the road infrastructure in relation to which the order is sought; and\nany other certificate of the public authority, including, for example, a certificate—\nestimating the monetary value of all or part of the road infrastructure in relation to which the order is sought; or\nestimating the monetary value of, or the cost of remedying, the damage to the road infrastructure in relation to which the order is sought; or\nestimating the extent to which the commission of the offence contributed to the damage to the road infrastructure in relation to which the order is sought; and\nany other matters the court considers relevant.\nA person who purportedly signs a certificate of a type mentioned in subsection (2) (c) on behalf of a public authority is presumed, unless the contrary is proved, to have been authorised by the public authority to sign the certificate on the public authority’s behalf.\nsch s 612 om 2013 No. 4 s 12\n(sec.612-ssec.1) In making a compensation order, the court may assess the amount of compensation required to be paid by the order in the way it considers appropriate, including, for example, by reference to the estimated cost of remedying the damage.\n(sec.612-ssec.2) In assessing the amount of compensation, the court may have regard to— evidence adduced in connection with the prosecution of the offence; and any evidence not adduced in connection with the prosecution of the offence but adduced in connection with the making of the order; and if the road manager is a public authority— any certificate of the public authority stating that the authority is responsible for maintaining the road infrastructure in relation to which the order is sought; and any other certificate of the public authority, including, for example, a certificate— estimating the monetary value of all or part of the road infrastructure in relation to which the order is sought; or estimating the monetary value of, or the cost of remedying, the damage to the road infrastructure in relation to which the order is sought; or estimating the extent to which the commission of the offence contributed to the damage to the road infrastructure in relation to which the order is sought; and any other matters the court considers relevant.\n(sec.612-ssec.3) A person who purportedly signs a certificate of a type mentioned in subsection (2) (c) on behalf of a public authority is presumed, unless the contrary is proved, to have been authorised by the public authority to sign the certificate on the public authority’s behalf.\n- (a) evidence adduced in connection with the prosecution of the offence; and\n- (b) any evidence not adduced in connection with the prosecution of the offence but adduced in connection with the making of the order; and\n- (c) if the road manager is a public authority— (i) any certificate of the public authority stating that the authority is responsible for maintaining the road infrastructure in relation to which the order is sought; and (ii) any other certificate of the public authority, including, for example, a certificate— (A) estimating the monetary value of all or part of the road infrastructure in relation to which the order is sought; or (B) estimating the monetary value of, or the cost of remedying, the damage to the road infrastructure in relation to which the order is sought; or (C) estimating the extent to which the commission of the offence contributed to the damage to the road infrastructure in relation to which the order is sought; and\n- (i) any certificate of the public authority stating that the authority is responsible for maintaining the road infrastructure in relation to which the order is sought; and\n- (ii) any other certificate of the public authority, including, for example, a certificate— (A) estimating the monetary value of all or part of the road infrastructure in relation to which the order is sought; or (B) estimating the monetary value of, or the cost of remedying, the damage to the road infrastructure in relation to which the order is sought; or (C) estimating the extent to which the commission of the offence contributed to the damage to the road infrastructure in relation to which the order is sought; and\n- (A) estimating the monetary value of all or part of the road infrastructure in relation to which the order is sought; or\n- (B) estimating the monetary value of, or the cost of remedying, the damage to the road infrastructure in relation to which the order is sought; or\n- (C) estimating the extent to which the commission of the offence contributed to the damage to the road infrastructure in relation to which the order is sought; and\n- (d) any other matters the court considers relevant.\n- (i) any certificate of the public authority stating that the authority is responsible for maintaining the road infrastructure in relation to which the order is sought; and\n- (ii) any other certificate of the public authority, including, for example, a certificate— (A) estimating the monetary value of all or part of the road infrastructure in relation to which the order is sought; or (B) estimating the monetary value of, or the cost of remedying, the damage to the road infrastructure in relation to which the order is sought; or (C) estimating the extent to which the commission of the offence contributed to the damage to the road infrastructure in relation to which the order is sought; and\n- (A) estimating the monetary value of all or part of the road infrastructure in relation to which the order is sought; or\n- (B) estimating the monetary value of, or the cost of remedying, the damage to the road infrastructure in relation to which the order is sought; or\n- (C) estimating the extent to which the commission of the offence contributed to the damage to the road infrastructure in relation to which the order is sought; and\n- (A) estimating the monetary value of all or part of the road infrastructure in relation to which the order is sought; or\n- (B) estimating the monetary value of, or the cost of remedying, the damage to the road infrastructure in relation to which the order is sought; or\n- (C) estimating the extent to which the commission of the offence contributed to the damage to the road infrastructure in relation to which the order is sought; and","sortOrder":915},{"sectionNumber":"sec.613","sectionType":"section","heading":"Use of certificates in assessing compensation","content":"### sec.613 Use of certificates in assessing compensation\n\nIf a public authority proposes to submit a certificate mentioned in section 612 (2) (c) in a proceeding for the making of a compensation order, the public authority must give a copy of the certificate to the defendant at least 28 days before the day fixed for the hearing of the proceeding.\nA certificate of the public authority can not be used in a proceeding for the making of a compensation order unless the public authority has complied with subsection (1) .\nA defendant who intends to challenge a matter stated in a certificate mentioned in section 612 (2) (c) in a proceeding for the making of a compensation order must—\ngive the public authority notice of the intention to challenge the matter; and\nif the defendant is intending to challenge the accuracy of any measurement, analysis or reading in the certificate—\nstate the reason why the defendant alleges that it is inaccurate; and\nstate the measurement, analysis or reading that the defendant considers to be correct.\nThe notice must be—\nsigned by the defendant; and\ngiven at least 14 days before the day fixed for the hearing of the proceeding.\nA defendant can not challenge a matter stated in a certificate mentioned in section 612 (2) (c) in a proceeding for the making of a compensation order unless—\nthe defendant has complied with subsections (3) and (4) ; or\nthe court gives leave to the defendant to challenge the matter, in the interests of justice.\nsch s 613 om 2013 No. 4 s 12\n(sec.613-ssec.1) If a public authority proposes to submit a certificate mentioned in section 612 (2) (c) in a proceeding for the making of a compensation order, the public authority must give a copy of the certificate to the defendant at least 28 days before the day fixed for the hearing of the proceeding.\n(sec.613-ssec.2) A certificate of the public authority can not be used in a proceeding for the making of a compensation order unless the public authority has complied with subsection (1) .\n(sec.613-ssec.3) A defendant who intends to challenge a matter stated in a certificate mentioned in section 612 (2) (c) in a proceeding for the making of a compensation order must— give the public authority notice of the intention to challenge the matter; and if the defendant is intending to challenge the accuracy of any measurement, analysis or reading in the certificate— state the reason why the defendant alleges that it is inaccurate; and state the measurement, analysis or reading that the defendant considers to be correct.\n(sec.613-ssec.4) The notice must be— signed by the defendant; and given at least 14 days before the day fixed for the hearing of the proceeding.\n(sec.613-ssec.5) A defendant can not challenge a matter stated in a certificate mentioned in section 612 (2) (c) in a proceeding for the making of a compensation order unless— the defendant has complied with subsections (3) and (4) ; or the court gives leave to the defendant to challenge the matter, in the interests of justice.\n- (a) give the public authority notice of the intention to challenge the matter; and\n- (b) if the defendant is intending to challenge the accuracy of any measurement, analysis or reading in the certificate— (i) state the reason why the defendant alleges that it is inaccurate; and (ii) state the measurement, analysis or reading that the defendant considers to be correct.\n- (i) state the reason why the defendant alleges that it is inaccurate; and\n- (ii) state the measurement, analysis or reading that the defendant considers to be correct.\n- (i) state the reason why the defendant alleges that it is inaccurate; and\n- (ii) state the measurement, analysis or reading that the defendant considers to be correct.\n- (a) signed by the defendant; and\n- (b) given at least 14 days before the day fixed for the hearing of the proceeding.\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 the interests of justice.","sortOrder":916},{"sectionNumber":"sec.614","sectionType":"section","heading":"Limits on amount of compensation","content":"### sec.614 Limits on amount of compensation\n\nIf, in making a compensation order, the court is satisfied that the commission of the offence concerned contributed to damage to road infrastructure but that other factors not connected with the commission of the offence also contributed to the damage, the court must limit the amount of compensation payable under the order to the amount it assesses as being attributable to the defendant’s conduct.\nThe amount of compensation payable under a compensation order can not exceed the monetary jurisdictional limit of the court in civil proceedings.\nThe court may not include in a compensation order any amount for—\npersonal injury or death; or\nloss of income (whether suffered by the road manager or another entity); or\ndamage to property that is not part of the road infrastructure concerned.\nsch s 614 om 2013 No. 4 s 12\n(sec.614-ssec.1) If, in making a compensation order, the court is satisfied that the commission of the offence concerned contributed to damage to road infrastructure but that other factors not connected with the commission of the offence also contributed to the damage, the court must limit the amount of compensation payable under the order to the amount it assesses as being attributable to the defendant’s conduct.\n(sec.614-ssec.2) The amount of compensation payable under a compensation order can not exceed the monetary jurisdictional limit of the court in civil proceedings.\n(sec.614-ssec.3) The court may not include in a compensation order any amount for— personal injury or death; or loss of income (whether suffered by the road manager or another entity); or damage to property that is not part of the road infrastructure concerned.\n- (a) personal injury or death; or\n- (b) loss of income (whether suffered by the road manager or another entity); or\n- (c) damage to property that is not part of the road infrastructure concerned.","sortOrder":917},{"sectionNumber":"sec.615","sectionType":"section","heading":"Costs","content":"### sec.615 Costs\n\nThe court has the same power to award costs in relation to proceedings for the making of a compensation order as it has in relation to civil proceedings, and the relevant laws applying to costs in relation to civil proceedings before the court apply with any necessary changes to costs in relation to proceedings for the making of a compensation order.\nsch s 615 om 2013 No. 4 s 12","sortOrder":918},{"sectionNumber":"sec.616","sectionType":"section","heading":"Enforcement of compensation order and costs","content":"### sec.616 Enforcement of compensation order and costs\n\nA compensation order, and any award of costs in relation to a proceeding for the making of a compensation order, are taken to be, and are enforceable as, a judgment of the court sitting in civil proceedings.\nsch s 616 om 2013 No. 4 s 12","sortOrder":919},{"sectionNumber":"sec.617","sectionType":"section","heading":"Relationship with orders or awards of other courts and tribunals","content":"### sec.617 Relationship with orders or awards of other courts and tribunals\n\nA compensation order may not be made in favour of a road manager for a road in relation to damage to road infrastructure if another court or tribunal has awarded compensatory damages or compensation in civil proceedings to the road manager in relation to the damage based on the same or similar facts.\nIf a court purports to make a compensation order contrary to subsection (1) —\nthe order is void to the extent it covers the same matters as the matters covered by the other award; and\nany payments made under the order to the extent to which it is void must be repaid by the road manager.\nThe making of a compensation order in relation to damage to road infrastructure does not prevent another court or tribunal from later awarding damages or compensation in civil proceedings in relation to the damage based on the same or similar facts, but the court or tribunal must take the compensation order into account when making its award.\nNothing in this Division affects or limits any liability to pay compensation under another law, other than as provided by this section.\nsch s 617 om 2013 No. 4 s 12\n(sec.617-ssec.1) A compensation order may not be made in favour of a road manager for a road in relation to damage to road infrastructure if another court or tribunal has awarded compensatory damages or compensation in civil proceedings to the road manager in relation to the damage based on the same or similar facts.\n(sec.617-ssec.2) If a court purports to make a compensation order contrary to subsection (1) — the order is void to the extent it covers the same matters as the matters covered by the other award; and any payments made under the order to the extent to which it is void must be repaid by the road manager.\n(sec.617-ssec.3) The making of a compensation order in relation to damage to road infrastructure does not prevent another court or tribunal from later awarding damages or compensation in civil proceedings in relation to the damage based on the same or similar facts, but the court or tribunal must take the compensation order into account when making its award.\n(sec.617-ssec.4) Nothing in this Division affects or limits any liability to pay compensation under another law, other than as provided by this section.\n- (a) the order is void to the extent it covers the same matters as the matters covered by the other award; and\n- (b) any payments made under the order to the extent to which it is void must be repaid by the road manager.","sortOrder":920},{"sectionNumber":"sch-inc-ch.10-pt.10.4","sectionType":"part","heading":"Provisions about liability","content":"# Provisions about liability","sortOrder":921},{"sectionNumber":"sch-inc-ch.10-pt.10.4-div.1","sectionType":"division","heading":null,"content":"","sortOrder":922},{"sectionNumber":"sec.618","sectionType":"section","heading":null,"content":"### Section sec.618\n\nsch s 618 sub 2013 No. 4 s 12\nom 2016 No. 65 s 99","sortOrder":923},{"sectionNumber":"sch-inc-ch.10-pt.10.4-div.2","sectionType":"division","heading":null,"content":"","sortOrder":924},{"sectionNumber":"sec.619","sectionType":"section","heading":null,"content":"### Section sec.619\n\nsch s 619 sub 2013 No. 4 s 12\nom 2016 No. 65 s 99","sortOrder":925},{"sectionNumber":"sec.620","sectionType":"section","heading":null,"content":"### Section sec.620\n\nsch s 620 sub 2013 No. 4 s 12\nom 2016 No. 65 s 99","sortOrder":926},{"sectionNumber":"sec.621","sectionType":"section","heading":null,"content":"### Section sec.621\n\nsch s 621 sub 2013 No. 4 s 12\nom 2016 No. 65 s 99","sortOrder":927},{"sectionNumber":"sec.622","sectionType":"section","heading":null,"content":"### Section sec.622\n\nsch s 622 sub 2013 No. 4 s 12\nom 2016 No. 65 s 99","sortOrder":928},{"sectionNumber":"sec.623","sectionType":"section","heading":null,"content":"### Section sec.623\n\nsch s 623 sub 2013 No. 4 s 12\nom 2016 No. 65 s 99","sortOrder":929},{"sectionNumber":"sec.624","sectionType":"section","heading":null,"content":"### Section sec.624\n\nsch s 624 sub 2013 No. 4 s 12\nom 2016 No. 65 s 99","sortOrder":930},{"sectionNumber":"sec.625","sectionType":"section","heading":null,"content":"### Section sec.625\n\nsch s 625 sub 2013 No. 4 s 12\nom 2016 No. 65 s 99","sortOrder":931},{"sectionNumber":"sch-inc-ch.10-pt.10.4-div.3","sectionType":"division","heading":"Defences","content":"## Defences","sortOrder":932},{"sectionNumber":"sec.626","sectionType":"section","heading":"Definition for Div 3","content":"### sec.626 Definition for Div 3\n\nIn this Division—\ndeficiency , of a vehicle, means—\na deficiency of the vehicle or a component of the vehicle, including, for example, the vehicle—\ncontravening a heavy vehicle standard; or\nbeing unsafe; or\na deficiency constituted by the absence of a particular thing required to be in, or displayed on, the vehicle, including, for example, a thing required to be in, or displayed on, the vehicle under—\na heavy vehicle standard; or\na condition of a heavy vehicle accreditation or a mass or dimension authority.\nsch s 626 om 2013 No. 4 s 12\n- (a) a deficiency of the vehicle or a component of the vehicle, including, for example, the vehicle— (i) contravening a heavy vehicle standard; or (ii) being unsafe; or\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 required to be in, or displayed on, the vehicle, including, for example, a thing required to be in, or displayed on, the vehicle under— (i) a heavy vehicle standard; or (ii) a condition of a heavy vehicle accreditation or a mass or dimension authority.\n- (i) a heavy vehicle standard; or\n- (ii) a condition of a heavy vehicle accreditation or a mass or dimension authority.\n- (i) contravening a heavy vehicle standard; or\n- (ii) being unsafe; or\n- (i) a heavy vehicle standard; or\n- (ii) a condition of a heavy vehicle accreditation or a mass or dimension authority.","sortOrder":933},{"sectionNumber":"sec.627","sectionType":"section","heading":"Defence for owner or operator of vehicle if offence committed while vehicle used by unauthorised person","content":"### sec.627 Defence for owner or operator of vehicle if offence committed while vehicle used by unauthorised person\n\nThis section applies in relation to an offence against this Law that may be committed by a person—\nin the person’s capacity as an owner or operator of a vehicle; and\nin relation to the use of the vehicle by someone else.\nSubject to subsection (3) , in a proceeding for an offence mentioned in subsection (1) , it is a defence for the person charged to prove that, at the relevant time, the vehicle was being used by—\na person not entitled (expressly, impliedly or otherwise) to use the vehicle, other than an employee or agent of the person; or\nan employee of the person who was, at the relevant time, acting outside the scope of the employment; or\nan agent of the person who was, at the relevant time, acting outside the scope of the agency.\nIf the offence relates to a deficiency of the vehicle, the defence under subsection (2) is not available unless the person charged also proves that—\nthe vehicle had not, before it ceased to be under the person’s control, been driven on a road in contravention of this Law arising in connection with the deficiency; and\none or more material changes, resulting in the deficiency, had been made after the vehicle had ceased to be under the person’s control.\nsch s 627 om 2013 No. 4 s 12\n(sec.627-ssec.1) This section applies in relation to an offence against this Law that may be committed by a person— in the person’s capacity as an owner or operator of a vehicle; and in relation to the use of the vehicle by someone else.\n(sec.627-ssec.2) Subject to subsection (3) , in a proceeding for an offence mentioned in subsection (1) , it is a defence for the person charged to prove that, at the relevant time, the vehicle was being used by— a person not entitled (expressly, impliedly or otherwise) to use the vehicle, other than an employee or agent of the person; or an employee of the person who was, at the relevant time, acting outside the scope of the employment; or an agent of the person who was, at the relevant time, acting outside the scope of the agency.\n(sec.627-ssec.3) If the offence relates to a deficiency of the vehicle, the defence under subsection (2) is not available unless the person charged also proves that— the vehicle had not, before it ceased to be under the person’s control, been driven on a road in contravention of this Law arising in connection with the deficiency; and one or more material changes, resulting in the deficiency, had been made after the vehicle had ceased to be under the person’s control.\n- (a) in the person’s capacity as an owner or operator of a vehicle; and\n- (b) in relation to the use of the vehicle by someone else.\n- (a) a person not entitled (expressly, impliedly or otherwise) to use the 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 outside the scope of the employment; or\n- (c) an agent of the person who was, at the relevant time, acting outside the scope of the agency.\n- (a) the vehicle had not, before it ceased to be under the person’s control, been driven on a road in contravention of this Law arising in connection with the deficiency; and\n- (b) one or more material changes, resulting in the deficiency, had been made after the vehicle had ceased to be under the person’s control.","sortOrder":934},{"sectionNumber":"sec.628","sectionType":"section","heading":"Defence for driver of vehicle subject to a deficiency","content":"### sec.628 Defence for driver of vehicle subject to a deficiency\n\nThis section applies to an offence against this Law relating to a deficiency of a heavy vehicle.\nIn a proceeding for an offence mentioned in subsection (1) alleged to be committed by the driver of a heavy vehicle, it is a defence for the driver to prove that the driver—\ndid not cause the deficiency and had no responsibility for or control over the maintenance of the vehicle or its equipment at any relevant time; and\ndid not know and could not reasonably be expected to have known of the deficiency; and\ncould not reasonably be expected to have sought to ascertain whether there was or was likely to be a deficiency of the kind to which the offence relates.\nsch s 628 om 2013 No. 4 s 12\n(sec.628-ssec.1) This section applies to an offence against this Law relating to a deficiency of a heavy vehicle.\n(sec.628-ssec.2) In a proceeding for an offence mentioned in subsection (1) alleged to be committed by the driver of a heavy vehicle, it is a defence for the driver to prove that the driver— did not cause the deficiency and had no responsibility for or control over the maintenance of the vehicle or its equipment at any relevant time; and did not know and could not reasonably be expected to have known of the deficiency; and could not reasonably be expected to have sought to ascertain whether there was or was likely to be a deficiency of the kind to which the offence relates.\n- (a) did not cause the deficiency and had no responsibility for or control over the maintenance of the vehicle or its equipment at any relevant time; and\n- (b) did not know and could not reasonably be expected to have known of the deficiency; and\n- (c) could not reasonably be expected to have sought to ascertain whether there was or was likely to be a deficiency of the kind to which the offence relates.","sortOrder":935},{"sectionNumber":"sec.629","sectionType":"section","heading":"Defence of compliance with direction","content":"### sec.629 Defence of compliance with direction\n\nIn a proceeding for an offence against this Law, it is a defence for the person charged to prove that the conduct constituting the offence was done in compliance with a direction given—\nby an authorised officer; or\nby the Regulator (including a delegate of the Regulator); or\nby a person under a law of a State or Territory.\nsch s 629 om 2013 No. 4 s 12\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.","sortOrder":936},{"sectionNumber":"sec.630","sectionType":"section","heading":"Sudden or extraordinary emergency","content":"### sec.630 Sudden or extraordinary emergency\n\nIn a proceeding for an offence against this Law, it is a defence for the person charged to prove that the conduct constituting the offence occurred in response to circumstances of sudden or extraordinary emergency.\nThis section applies if and only if the person carrying out the conduct reasonably believed that—\ncircumstances of sudden or extraordinary emergency existed; and\nthe conduct was the only reasonable way to deal with the emergency; and\nthe conduct was a reasonable response to the emergency.\nsch s 630 om 2013 No. 4 s 12\n(sec.630-ssec.1) In a proceeding for an offence against this Law, it is a defence for the person charged to prove that the conduct constituting the offence occurred in response to circumstances of sudden or extraordinary emergency.\n(sec.630-ssec.2) This section applies if and only if the person carrying out the conduct reasonably believed that— circumstances of sudden or extraordinary emergency existed; and the conduct was the only reasonable way to deal with the emergency; and the conduct was a reasonable response to the emergency.\n- (a) circumstances of sudden or extraordinary emergency existed; and\n- (b) the conduct was the only reasonable way to deal with the emergency; and\n- (c) the conduct was a reasonable response to the emergency.","sortOrder":937},{"sectionNumber":"sec.631","sectionType":"section","heading":"Lawful authority","content":"### sec.631 Lawful authority\n\nIn a proceeding for an offence against this Law, it is a defence for the person charged to prove that the conduct constituting the offence is authorised or excused by or under a law.\nsch s 631 om 2013 No. 4 s 12","sortOrder":938},{"sectionNumber":"sch-inc-ch.10-pt.10.4-div.4","sectionType":"division","heading":"Other provisions about liability","content":"## Other provisions about liability","sortOrder":939},{"sectionNumber":"sec.632","sectionType":"section","heading":"Deciding whether person ought reasonably to have known something","content":"### sec.632 Deciding whether person ought reasonably to have known something\n\nThis section applies in relation to a proceeding for an offence against this Law if it is relevant to prove that someone ought reasonably to have known something.\nA court may consider the following when deciding whether the person ought reasonably to have known the thing—\nthe person’s abilities, experience, expertise, knowledge, qualifications and training;\nthe circumstances of the offence;\nany other relevant matter prescribed by the national regulations for the purposes of this section.\nsch s 632 om 2013 No. 4 s 12\n(sec.632-ssec.1) This section applies in relation to a proceeding for an offence against this Law if it is relevant to prove that someone ought reasonably to have known something.\n(sec.632-ssec.2) A court may consider the following when deciding whether the person ought reasonably to have known the thing— the person’s abilities, experience, expertise, knowledge, qualifications and training; the circumstances of the offence; any other relevant matter prescribed by the national regulations for the purposes of this section.\n- (a) the person’s abilities, experience, expertise, knowledge, qualifications and training;\n- (b) the circumstances of the offence;\n- (c) any other relevant matter prescribed by the national regulations for the purposes of this section.","sortOrder":940},{"sectionNumber":"sec.632A","sectionType":"section","heading":"Using code of practice in proceeding","content":"### sec.632A Using code of practice in proceeding\n\nThis section applies in a proceeding for an offence against this Law.\nA registered industry code of practice is admissible as evidence of whether or not a duty or obligation under this Law has been complied with.\nThe court may—\nhave regard to the code as evidence of what is known about a hazard or risk, risk assessment, or risk control, to which the code relates; and\nrely on the code in determining what is reasonably practicable in the circumstances to which the code relates.\nNothing in this section prevents a person from introducing evidence of complying with this Law in a way that differs from the code but that provides a standard of safety or protection equivalent to or higher than the standard required in the code.\nHowever, the person may introduce the evidence mentioned in subsection (4) only if the person has given written notice of the person’s intention to do so to the complainant at least 28 days before the day fixed for the hearing of the offence.\nsch s 632A ins 2016 No. 65 s 101\namd 2025 No. 26 s 126 (uncommenced amendment)\n_____\nsch s 632B ins 2025 No. 26 s 127 (uncommenced amendment)\n(sec.632A-ssec.1) This section applies in a proceeding for an offence against this Law.\n(sec.632A-ssec.2) A registered industry code of practice is admissible as evidence of whether or not a duty or obligation under this Law has been complied with.\n(sec.632A-ssec.3) The court may— have regard to the code as evidence of what is known about a hazard or risk, risk assessment, or risk control, to which the code relates; and rely on the code in determining what is reasonably practicable in the circumstances to which the code relates.\n(sec.632A-ssec.4) Nothing in this section prevents a person from introducing evidence of complying with this Law in a way that differs from the code but that provides a standard of safety or protection equivalent to or higher than the standard required in the code.\n(sec.632A-ssec.5) However, the person may introduce the evidence mentioned in subsection (4) only if the person has given written notice of the person’s intention to do so to the complainant at least 28 days before the day fixed for the hearing of the offence.\n- (a) have regard to the code as evidence of what is known about a hazard or risk, risk assessment, or risk control, to which the code relates; and\n- (b) rely on the code in determining what is reasonably practicable in the circumstances to which the code relates.","sortOrder":941},{"sectionNumber":"sec.633","sectionType":"section","heading":"Multiple offenders","content":"### sec.633 Multiple offenders\n\nThis section applies if a provision of this Law provides that, for a particular act or omission or set of circumstances, each of 2 or more persons is liable for an offence against a provision of this Law.\nProceedings may be taken against all or any of the persons in relation to the act, omission or circumstances.\nProceedings may be taken against any of the persons in relation to the act, omission or circumstances—\nregardless of whether or not proceedings have been started against any of the other persons in relation to the act, omission or circumstances; and\nregardless of whether or not any proceedings taken against any of the other persons in relation to the act, omission or circumstances have ended; and\nregardless of the outcome of any proceedings taken against any of the other persons in relation to the act, omission or circumstances.\nThis section is subject to section 634 (1) .\nsch s 633 sub 2013 No. 4 s 12\n(sec.633-ssec.1) This section applies if a provision of this Law provides that, for a particular act or omission or set of circumstances, each of 2 or more persons is liable for an offence against a provision of this Law.\n(sec.633-ssec.2) Proceedings may be taken against all or any of the persons in relation to the act, omission or circumstances.\n(sec.633-ssec.3) Proceedings may be taken against any of the persons in relation to the act, omission or circumstances— regardless of whether or not proceedings have been started against any of the other persons in relation to the act, omission or circumstances; and regardless of whether or not any proceedings taken against any of the other persons in relation to the act, omission or circumstances have ended; and regardless of the outcome of any proceedings taken against any of the other persons in relation to the act, omission or circumstances.\n(sec.633-ssec.4) This section is subject to section 634 (1) .\n- (a) regardless of whether or not proceedings have been started against any of the other persons in relation to the act, omission or circumstances; and\n- (b) regardless of whether or not any proceedings taken against any of the other persons in relation to the act, omission or circumstances have ended; and\n- (c) regardless of the outcome of any proceedings taken against any of the other persons in relation to the act, omission or circumstances.","sortOrder":942},{"sectionNumber":"sec.634","sectionType":"section","heading":"Multiple offences","content":"### sec.634 Multiple offences\n\nA person may be punished only once in relation to the same contravention of this Law by the person or a heavy vehicle, even if the person is liable in more than 1 capacity.\nA person who has been punished for an act or omission or circumstances constituting an offence against this Law as it applies in another participating jurisdiction can not be punished for an offence against this Law as it applies in this jurisdiction arising from the same act or omission or circumstances.\nDespite any Act or other law (including subsections (1) and (2) )—\na person may be punished for more than 1 contravention of a requirement of this Law if the contraventions relate to different parts of the same vehicle; and\na person may be punished for 1 or more contraventions of a requirement of this Law as it applies in another participating jurisdiction ( interstate contraventions ), and 1 or more contraventions of a requirement of this Law as it applies in this jurisdiction ( local contraventions ), if the interstate contraventions and local contraventions relate to different parts of the same vehicle; and\n2 or more contraventions of a provision by a person that arise from the same factual circumstances may be charged as—\na single offence; or\nseparate offences.\nSubsection (3) (c) does not authorise contraventions of 2 or more provisions to be charged as a single offence.\nA single penalty only may be imposed in relation to 2 or more contraventions of a provision that are charged as a single offence.\nsch s 634 sub 2013 No. 4 s 12\namd 2016 No. 65 s 102 ; 2018 No. 18 s 39 sch 1\n(sec.634-ssec.1) A person may be punished only once in relation to the same contravention of this Law by the person or a heavy vehicle, even if the person is liable in more than 1 capacity.\n(sec.634-ssec.2) A person who has been punished for an act or omission or circumstances constituting an offence against this Law as it applies in another participating jurisdiction can not be punished for an offence against this Law as it applies in this jurisdiction arising from the same act or omission or circumstances.\n(sec.634-ssec.3) Despite any Act or other law (including subsections (1) and (2) )— a person may be punished for more than 1 contravention of a requirement of this Law if the contraventions relate to different parts of the same vehicle; and a person may be punished for 1 or more contraventions of a requirement of this Law as it applies in another participating jurisdiction ( interstate contraventions ), and 1 or more contraventions of a requirement of this Law as it applies in this jurisdiction ( local contraventions ), if the interstate contraventions and local contraventions relate to different parts of the same vehicle; and 2 or more contraventions of a provision by a person that arise from the same factual circumstances may be charged as— a single offence; or separate offences.\n(sec.634-ssec.4) Subsection (3) (c) does not authorise contraventions of 2 or more provisions to be charged as a single offence.\n(sec.634-ssec.5) A single penalty only may be imposed in relation to 2 or more contraventions of a provision that are charged as a single offence.\n- (a) a person may be punished for more than 1 contravention of a requirement of this Law if the contraventions relate to different parts of the same vehicle; and\n- (b) a person may be punished for 1 or more contraventions of a requirement of this Law as it applies in another participating jurisdiction ( interstate contraventions ), and 1 or more contraventions of a requirement of this Law as it applies in this jurisdiction ( local contraventions ), if the interstate contraventions and local contraventions relate to different parts of the same vehicle; and\n- (c) 2 or more contraventions of a provision by a person that arise from the same factual circumstances may be charged as— (i) a single offence; or (ii) separate offences.\n- (i) a single offence; or\n- (ii) separate offences.\n- (i) a single offence; or\n- (ii) separate offences.","sortOrder":943},{"sectionNumber":"sec.635","sectionType":"section","heading":"Responsibility for acts or omissions of representative","content":"### sec.635 Responsibility for acts or omissions of representative\n\nThis section applies in a proceeding for an offence against this Law.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nfor an individual—an employee or agent of the individual; or\nfor a corporation—an executive officer, employee or agent of the corporation or authority.\nstate of mind , of a person, includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\nsch s 635 om 2013 No. 4 s 12\n(sec.635-ssec.1) This section applies in a proceeding for an offence against this Law.\n(sec.635-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.635-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.635-ssec.4) In this section— representative means— for an individual—an employee or agent of the individual; or for a corporation—an executive officer, employee or agent of the corporation or authority. state of mind , of a person, includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\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 the corporation or authority.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":944},{"sectionNumber":"sec.636","sectionType":"section","heading":"Liability of executive officers of corporation","content":"### sec.636 Liability of executive officers of corporation\n\nIf a corporation commits an offence against a provision of this Law specified in column 2 of Schedule 4 , each executive officer of the corporation who knowingly authorised or permitted the conduct constituting the offence also commits an offence against the provision.\nMaximum penalty—the penalty for a contravention of the provision by an individual.\nSee also section 26D for the duty of an executive officer of a corporation to exercise due diligence to ensure the corporation complies with its safety duties under this Law.\nAn executive officer of a corporation may be proceeded against and convicted for an offence against the provision whether or not the corporation has been proceeded against or convicted under that provision.\nNothing in this section affects any liability imposed on a corporation for an offence committed by the corporation under the provision.\nNothing in this section affects the application of any other law relating to the criminal liability of any persons (whether or not executive officers of the corporation) who are accessories to the commission of an offence or are otherwise involved in the contravention giving rise to an offence.\nThis section does not apply to an executive officer acting on a voluntary basis, whether or not the officer is reimbursed for the expenses incurred by the officer for carrying out activities for the corporation.\nsch s 636 sub 2013 No. 4 s 12\namd 2016 No. 65 s 103 ; 2018 No. 10 s 32\namd 2025 No. 26 s 128 (uncommenced amendment)\n(sec.636-ssec.1) If a corporation commits an offence against a provision of this Law specified in column 2 of Schedule 4 , each executive officer of the corporation who knowingly authorised or permitted the conduct constituting the offence also commits an offence against the provision. Maximum penalty—the penalty for a contravention of the provision by an individual. See also section 26D for the duty of an executive officer of a corporation to exercise due diligence to ensure the corporation complies with its safety duties under this Law.\n(sec.636-ssec.4) An executive officer of a corporation may be proceeded against and convicted for an offence against the provision whether or not the corporation has been proceeded against or convicted under that provision.\n(sec.636-ssec.5) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation under the provision.\n(sec.636-ssec.6) Nothing in this section affects the application of any other law relating to the criminal liability of any persons (whether or not executive officers of the corporation) who are accessories to the commission of an offence or are otherwise involved in the contravention giving rise to an offence.\n(sec.636-ssec.7) This section does not apply to an executive officer acting on a voluntary basis, whether or not the officer is reimbursed for the expenses incurred by the officer for carrying out activities for the corporation.","sortOrder":945},{"sectionNumber":"sec.637","sectionType":"section","heading":"Treatment of unincorporated partnerships","content":"### sec.637 Treatment of unincorporated partnerships\n\nThis Law (other than section 636 ) applies to an unincorporated partnership as if it were a corporation, but with the changes set out in this section.\nAn obligation or liability that would otherwise be imposed on the partnership by this Law is imposed on each partner instead, but may be discharged by any of the partners.\nAn amount that would be payable under this Law by the partnership is jointly and severally payable by the partners.\nAn offence against a provision of this Law specified in column 2 of schedule 4 that would otherwise be committed by the partnership is taken to have been committed by each partner who knowingly authorised or permitted the conduct constituting the offence.\nMaximum penalty—the penalty for a contravention of the provision by an individual.\nNothing in this section affects the application of any other law relating to the criminal liability of any persons (whether or not partners in the partnership) who are accessories to the commission of an offence or are otherwise involved in the contravention giving rise to an offence.\nSubsection (4) does not apply to a partner acting on a voluntary basis, whether or not the partner is reimbursed for the expenses incurred by the partner for carrying out activities for the partnership.\nFor the purposes of this section, a change in the composition of the partnership does not affect the continuity of the partnership.\nsch s 637 sub 2013 No. 4 s 12\namd 2016 No. 65 s 104 ; 2018 No. 10 s 33\namd 2025 No. 26 s 129 (uncommenced amendment)\n(sec.637-ssec.1) This Law (other than section 636 ) applies to an unincorporated partnership as if it were a corporation, but with the changes set out in this section.\n(sec.637-ssec.2) An obligation or liability that would otherwise be imposed on the partnership by this Law is imposed on each partner instead, but may be discharged by any of the partners.\n(sec.637-ssec.3) An amount that would be payable under this Law by the partnership is jointly and severally payable by the partners.\n(sec.637-ssec.4) An offence against a provision of this Law specified in column 2 of schedule 4 that would otherwise be committed by the partnership is taken to have been committed by each partner who knowingly authorised or permitted the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the provision by an individual.\n(sec.637-ssec.7) Nothing in this section affects the application of any other law relating to the criminal liability of any persons (whether or not partners in the partnership) who are accessories to the commission of an offence or are otherwise involved in the contravention giving rise to an offence.\n(sec.637-ssec.8) Subsection (4) does not apply to a partner acting on a voluntary basis, whether or not the partner is reimbursed for the expenses incurred by the partner for carrying out activities for the partnership.\n(sec.637-ssec.9) For the purposes of this section, a change in the composition of the partnership does not affect the continuity of the partnership.","sortOrder":946},{"sectionNumber":"sec.638","sectionType":"section","heading":"Treatment of other unincorporated bodies","content":"### sec.638 Treatment of other unincorporated bodies\n\nThis Law (other than section 636 ) applies to an unincorporated body as if it were a corporation, but with the changes set out in this section.\nAn obligation or liability that would otherwise be imposed on the unincorporated body by this Law is imposed on each management member of the body instead, but may be discharged by any of the management members.\nAn amount that would be payable under this Law by the unincorporated body is jointly and severally payable by the management members of the body.\nAn offence against a provision of this Law specified in column 2 of Schedule 4 that would otherwise be committed by the unincorporated body is taken to have been committed by each management member of the body who knowingly authorised or permitted the conduct constituting the offence.\nMaximum penalty—the penalty for a contravention of the provision by an individual.\nNothing in this section affects the application of any other law relating to the criminal liability of any persons (whether or not management members of the unincorporated body) who are accessories to the commission of an offence or are otherwise involved in the contravention giving rise to an offence.\nSubsection (4) does not apply to a management member of the unincorporated body acting on a voluntary basis, whether or not the member is reimbursed for the expenses incurred by the member for carrying out activities for the body.\nFor the purposes of this section, a change in the composition of the unincorporated body does not affect the continuity of the body.\nsch s 638 sub 2013 No. 4 s 12\namd 2016 No. 65 s 105 ; 2018 No. 10 s 34\namd 2025 No. 26 s 130 (uncommenced amendment)\n(sec.638-ssec.1) This Law (other than section 636 ) applies to an unincorporated body as if it were a corporation, but with the changes set out in this section.\n(sec.638-ssec.2) An obligation or liability that would otherwise be imposed on the unincorporated body by this Law is imposed on each management member of the body instead, but may be discharged by any of the management members.\n(sec.638-ssec.3) An amount that would be payable under this Law by the unincorporated body is jointly and severally payable by the management members of the body.\n(sec.638-ssec.4) An offence against a provision of this Law specified in column 2 of Schedule 4 that would otherwise be committed by the unincorporated body is taken to have been committed by each management member of the body who knowingly authorised or permitted the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the provision by an individual.\n(sec.638-ssec.7) Nothing in this section affects the application of any other law relating to the criminal liability of any persons (whether or not management members of the unincorporated body) who are accessories to the commission of an offence or are otherwise involved in the contravention giving rise to an offence.\n(sec.638-ssec.8) Subsection (4) does not apply to a management member of the unincorporated body acting on a voluntary basis, whether or not the member is reimbursed for the expenses incurred by the member for carrying out activities for the body.\n(sec.638-ssec.9) For the purposes of this section, a change in the composition of the unincorporated body does not affect the continuity of the body.","sortOrder":947},{"sectionNumber":"sec.639","sectionType":"section","heading":"Liability of registered operator","content":"### sec.639 Liability of registered operator\n\nThis section applies to an offence against this Law that may be committed by the operator of a heavy vehicle (whether or not any other person can also commit the offence).\nIf an offence to which this section applies is committed, the following person is taken to be the operator of the heavy vehicle and, in that capacity, is taken to have committed the offence—\nfor a heavy vehicle that is not a combination—the registered operator of the vehicle;\nfor a heavy combination or the towing vehicle in a heavy combination—the registered operator of the towing vehicle in the combination;\nfor a trailer forming part of a heavy combination—the registered operator of the towing vehicle in the combination and the registered operator (if any) of the trailer.\nThe registered operator has the same excuses and defences available to the operator of the heavy vehicle under this Law or another law.\nSubsection (2) does not apply if the registered operator gives the Regulator an operator declaration—\nif an infringement notice for the offence is issued to the registered operator—within 14 days after the infringement notice is issued; or\nif the registered operator is charged with the offence—\nif the charge is to be heard 28 days or less after the charge comes to the operator’s knowledge—as soon as practicable after the charge comes to the registered operator’s knowledge; or\nif the charge is to be heard more than 28 days after the charge comes to the operator’s knowledge—as soon as practicable after the charge comes to the registered operator’s knowledge but at least 28 days before the charge is heard.\nIf the registered operator gives an operator declaration as mentioned in subsection (4) —\na proceeding for the offence may be started against the person named as the operator of the heavy vehicle in the operator declaration only if a copy of the operator declaration has been served on the person; and\nin a proceeding for the offence against the person named as the operator of the heavy vehicle in the operator declaration, the operator declaration is evidence that the person was the operator of the heavy vehicle at the time of the offence; and\nin a proceeding for the offence against the registered operator, a court must not find the registered operator guilty of the offence in the registered operator’s capacity as the operator of the heavy vehicle if it is satisfied, whether on the statements in the operator declaration or otherwise, the registered operator was not the operator of the heavy vehicle at the time of the offence.\nTo remove any doubt, it is declared that this section does not affect the liability of the registered operator in a capacity other than as the operator of the heavy vehicle.\nIn this section—\noperator declaration means a statutory declaration, made by the registered operator of a vehicle that is or forms part of a heavy vehicle the subject of an offence against this Law, stating—\nthe registered operator was not the operator of the heavy vehicle at the time of the offence; and\nthe name and address of the operator of the heavy vehicle at the time of the offence.\nregistered operator , of a vehicle other than a heavy vehicle, means the registered or licensed operator of the vehicle under an Australian road law.\n(sec.639-ssec.1) This section applies to an offence against this Law that may be committed by the operator of a heavy vehicle (whether or not any other person can also commit the offence).\n(sec.639-ssec.2) If an offence to which this section applies is committed, the following person is taken to be the operator of the heavy vehicle and, in that capacity, is taken to have committed the offence— for a heavy vehicle that is not a combination—the registered operator of the vehicle; for a heavy combination or the towing vehicle in a heavy combination—the registered operator of the towing vehicle in the combination; for a trailer forming part of a heavy combination—the registered operator of the towing vehicle in the combination and the registered operator (if any) of the trailer.\n(sec.639-ssec.3) The registered operator has the same excuses and defences available to the operator of the heavy vehicle under this Law or another law.\n(sec.639-ssec.4) Subsection (2) does not apply if the registered operator gives the Regulator an operator declaration— if an infringement notice for the offence is issued to the registered operator—within 14 days after the infringement notice is issued; or if the registered operator is charged with the offence— if the charge is to be heard 28 days or less after the charge comes to the operator’s knowledge—as soon as practicable after the charge comes to the registered operator’s knowledge; or if the charge is to be heard more than 28 days after the charge comes to the operator’s knowledge—as soon as practicable after the charge comes to the registered operator’s knowledge but at least 28 days before the charge is heard.\n(sec.639-ssec.5) If the registered operator gives an operator declaration as mentioned in subsection (4) — a proceeding for the offence may be started against the person named as the operator of the heavy vehicle in the operator declaration only if a copy of the operator declaration has been served on the person; and in a proceeding for the offence against the person named as the operator of the heavy vehicle in the operator declaration, the operator declaration is evidence that the person was the operator of the heavy vehicle at the time of the offence; and in a proceeding for the offence against the registered operator, a court must not find the registered operator guilty of the offence in the registered operator’s capacity as the operator of the heavy vehicle if it is satisfied, whether on the statements in the operator declaration or otherwise, the registered operator was not the operator of the heavy vehicle at the time of the offence.\n(sec.639-ssec.6) To remove any doubt, it is declared that this section does not affect the liability of the registered operator in a capacity other than as the operator of the heavy vehicle.\n(sec.639-ssec.7) In this section— operator declaration means a statutory declaration, made by the registered operator of a vehicle that is or forms part of a heavy vehicle the subject of an offence against this Law, stating— the registered operator was not the operator of the heavy vehicle at the time of the offence; and the name and address of the operator of the heavy vehicle at the time of the offence. registered operator , of a vehicle other than a heavy vehicle, means the registered or licensed operator of the vehicle under an Australian road law.\n- (a) for a heavy vehicle that is not a combination—the registered operator of the vehicle;\n- (b) for a heavy combination or the towing vehicle in a heavy combination—the registered operator of the towing vehicle in the combination;\n- (c) for a trailer forming part of a heavy combination—the registered operator of the towing vehicle in the combination and the registered operator (if any) of the trailer.\n- (a) if an infringement notice for the offence is issued to the registered operator—within 14 days after the infringement notice is issued; or\n- (b) if the registered operator is charged with the offence— (i) if the charge is to be heard 28 days or less after the charge comes to the operator’s knowledge—as soon as practicable after the charge comes to the registered operator’s knowledge; or (ii) if the charge is to be heard more than 28 days after the charge comes to the operator’s knowledge—as soon as practicable after the charge comes to the registered operator’s knowledge but at least 28 days before the charge is heard.\n- (i) if the charge is to be heard 28 days or less after the charge comes to the operator’s knowledge—as soon as practicable after the charge comes to the registered operator’s knowledge; or\n- (ii) if the charge is to be heard more than 28 days after the charge comes to the operator’s knowledge—as soon as practicable after the charge comes to the registered operator’s knowledge but at least 28 days before the charge is heard.\n- (i) if the charge is to be heard 28 days or less after the charge comes to the operator’s knowledge—as soon as practicable after the charge comes to the registered operator’s knowledge; or\n- (ii) if the charge is to be heard more than 28 days after the charge comes to the operator’s knowledge—as soon as practicable after the charge comes to the registered operator’s knowledge but at least 28 days before the charge is heard.\n- (a) a proceeding for the offence may be started against the person named as the operator of the heavy vehicle in the operator declaration only if a copy of the operator declaration has been served on the person; and\n- (b) in a proceeding for the offence against the person named as the operator of the heavy vehicle in the operator declaration, the operator declaration is evidence that the person was the operator of the heavy vehicle at the time of the offence; and\n- (c) in a proceeding for the offence against the registered operator, a court must not find the registered operator guilty of the offence in the registered operator’s capacity as the operator of the heavy vehicle if it is satisfied, whether on the statements in the operator declaration or otherwise, the registered operator was not the operator of the heavy vehicle at the time of the offence.\n- (a) the registered operator was not the operator of the heavy vehicle at the time of the offence; and\n- (b) the name and address of the operator of the heavy vehicle at the time of the offence.","sortOrder":948},{"sectionNumber":"sch-inc-ch.11-pt.11.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":949},{"sectionNumber":"sec.640","sectionType":"section","heading":"Definitions for Ch 11","content":"### sec.640 Definitions for Ch 11\n\nIn this Chapter—\npublic safety ground , for a reviewable decision, means the Regulator being satisfied that making the decision is necessary to prevent a significant risk to public safety.\nrelevant appeal body means the relevant tribunal or court for the relevant jurisdiction.\nrelevant jurisdiction , for an applicant for the review of a reviewable decision or an appellant for an appeal against a review decision, means—\nfor a reviewable decision made under Division 3 of Part 4.5 or Division 4 of Part 4.6 , or a review decision relating to a reviewable decision made under Division 3 of Part 4.5 or Division 4 of Part 4.6 —\nif the areas or routes for which the authorisation the subject of the reviewable decision was sought are situated in the same participating jurisdiction—the jurisdiction in which the areas or routes are situated; or\nif the areas or routes for which the authorisation the subject of the reviewable decision was sought are situated in 2 or more participating jurisdictions—\nthe jurisdiction in which most of the areas or routes are situated, worked out by reference to the length of road covered by the areas or routes; or\nif there is more than 1 jurisdiction for which sub-subparagraph (A) is satisfied—any of the jurisdictions for which sub-subparagraph (A) is satisfied chosen by the applicant or appellant; or\nfor another reviewable decision or review decision—\nif the reviewable decision or review decision relates to only 1 heavy vehicle whose relevant garage address is in a participating jurisdiction—the jurisdiction in which the relevant garage address is located; or\nif the reviewable decision or review decision relates to 2 or more heavy vehicles whose relevant garage addresses are in the same participating jurisdiction—the jurisdiction in which the relevant garage addresses are located; or\nif the reviewable decision or review decision relates to 2 or more heavy vehicles whose relevant garage addresses are located in 2 or more participating jurisdictions—any of those jurisdictions chosen by the operator of the vehicles; or\notherwise—the participating jurisdiction in which the applicant’s or appellant’s home address is located.\nreview application means an application for review of a reviewable decision under Part 11.2 .\nreview decision has the meaning given by section 645 .\nreviewable decision means—\na decision mentioned in Schedule 3 ; or\na decision made under the national regulations prescribed as a reviewable decision for the purposes of this Chapter.\nreviewer means a person deciding a review of a reviewable decision under Part 11.2 .\n- (a) for a reviewable decision made under Division 3 of Part 4.5 or Division 4 of Part 4.6 , or a review decision relating to a reviewable decision made under Division 3 of Part 4.5 or Division 4 of Part 4.6 — (i) if the areas or routes for which the authorisation the subject of the reviewable decision was sought are situated in the same participating jurisdiction—the jurisdiction in which the areas or routes are situated; or (ii) if the areas or routes for which the authorisation the subject of the reviewable decision was sought are situated in 2 or more participating jurisdictions— (A) the jurisdiction in which most of the areas or routes are situated, worked out by reference to the length of road covered by the areas or routes; or (B) if there is more than 1 jurisdiction for which sub-subparagraph (A) is satisfied—any of the jurisdictions for which sub-subparagraph (A) is satisfied chosen by the applicant or appellant; or\n- (i) if the areas or routes for which the authorisation the subject of the reviewable decision was sought are situated in the same participating jurisdiction—the jurisdiction in which the areas or routes are situated; or\n- (ii) if the areas or routes for which the authorisation the subject of the reviewable decision was sought are situated in 2 or more participating jurisdictions— (A) the jurisdiction in which most of the areas or routes are situated, worked out by reference to the length of road covered by the areas or routes; or (B) if there is more than 1 jurisdiction for which sub-subparagraph (A) is satisfied—any of the jurisdictions for which sub-subparagraph (A) is satisfied chosen by the applicant or appellant; or\n- (A) the jurisdiction in which most of the areas or routes are situated, worked out by reference to the length of road covered by the areas or routes; or\n- (B) if there is more than 1 jurisdiction for which sub-subparagraph (A) is satisfied—any of the jurisdictions for which sub-subparagraph (A) is satisfied chosen by the applicant or appellant; or\n- (b) for another reviewable decision or review decision— (i) if the reviewable decision or review decision relates to only 1 heavy vehicle whose relevant garage address is in a participating jurisdiction—the jurisdiction in which the relevant garage address is located; or (ii) if the reviewable decision or review decision relates to 2 or more heavy vehicles whose relevant garage addresses are in the same participating jurisdiction—the jurisdiction in which the relevant garage addresses are located; or (iii) if the reviewable decision or review decision relates to 2 or more heavy vehicles whose relevant garage addresses are located in 2 or more participating jurisdictions—any of those jurisdictions chosen by the operator of the vehicles; or (iv) otherwise—the participating jurisdiction in which the applicant’s or appellant’s home address is located.\n- (i) if the reviewable decision or review decision relates to only 1 heavy vehicle whose relevant garage address is in a participating jurisdiction—the jurisdiction in which the relevant garage address is located; or\n- (ii) if the reviewable decision or review decision relates to 2 or more heavy vehicles whose relevant garage addresses are in the same participating jurisdiction—the jurisdiction in which the relevant garage addresses are located; or\n- (iii) if the reviewable decision or review decision relates to 2 or more heavy vehicles whose relevant garage addresses are located in 2 or more participating jurisdictions—any of those jurisdictions chosen by the operator of the vehicles; or\n- (iv) otherwise—the participating jurisdiction in which the applicant’s or appellant’s home address is located.\n- (i) if the areas or routes for which the authorisation the subject of the reviewable decision was sought are situated in the same participating jurisdiction—the jurisdiction in which the areas or routes are situated; or\n- (ii) if the areas or routes for which the authorisation the subject of the reviewable decision was sought are situated in 2 or more participating jurisdictions— (A) the jurisdiction in which most of the areas or routes are situated, worked out by reference to the length of road covered by the areas or routes; or (B) if there is more than 1 jurisdiction for which sub-subparagraph (A) is satisfied—any of the jurisdictions for which sub-subparagraph (A) is satisfied chosen by the applicant or appellant; or\n- (A) the jurisdiction in which most of the areas or routes are situated, worked out by reference to the length of road covered by the areas or routes; or\n- (B) if there is more than 1 jurisdiction for which sub-subparagraph (A) is satisfied—any of the jurisdictions for which sub-subparagraph (A) is satisfied chosen by the applicant or appellant; or\n- (A) the jurisdiction in which most of the areas or routes are situated, worked out by reference to the length of road covered by the areas or routes; or\n- (B) if there is more than 1 jurisdiction for which sub-subparagraph (A) is satisfied—any of the jurisdictions for which sub-subparagraph (A) is satisfied chosen by the applicant or appellant; or\n- (i) if the reviewable decision or review decision relates to only 1 heavy vehicle whose relevant garage address is in a participating jurisdiction—the jurisdiction in which the relevant garage address is located; or\n- (ii) if the reviewable decision or review decision relates to 2 or more heavy vehicles whose relevant garage addresses are in the same participating jurisdiction—the jurisdiction in which the relevant garage addresses are located; or\n- (iii) if the reviewable decision or review decision relates to 2 or more heavy vehicles whose relevant garage addresses are located in 2 or more participating jurisdictions—any of those jurisdictions chosen by the operator of the vehicles; or\n- (iv) otherwise—the participating jurisdiction in which the applicant’s or appellant’s home address is located.\n- (a) a decision mentioned in Schedule 3 ; or\n- (b) a decision made under the national regulations prescribed as a reviewable decision for the purposes of this Chapter.","sortOrder":950},{"sectionNumber":"sch-inc-ch.11-pt.11.2","sectionType":"part","heading":"Internal review","content":"# Internal review","sortOrder":951},{"sectionNumber":"sec.641","sectionType":"section","heading":"Applying for internal review","content":"### sec.641 Applying for internal review\n\nA dissatisfied person for a reviewable decision may apply to the Regulator for a review of the decision.\nA review application may be made only within 28 days after—\nthe day the person is notified of the decision; or\nif a provision of this Law requires that the person be given a statement of reasons for the decision—the day the statement is given to the person.\nHowever, the Regulator may, at any time, extend the time for making a review application.\nA review application must—\nbe written; and\nbe accompanied by the prescribed fee for the application; and\nstate in detail the grounds on which the person wants the reviewable decision to be reviewed.\nThe person is entitled to receive a statement of reasons for the reviewable decision whether or not the provision under which the decision is made requires that the person be given a statement of reasons for the decision.\nIf the person is given a decision notice, but not an information notice, for the reviewable decision—\nthe decision notice must state that, within 28 days after the notice is given to the person, the person may ask the Regulator for a statement of reasons for the decision; and\nthe person may, within 28 days after a decision notice complying with paragraph (a) is given to the person, ask the Regulator for a statement of reasons for the decision.\nWithin 28 days after the request is made under subsection (6) (b) , the Regulator must give the person a statement of reasons.\nThe making of a review application does not affect the reviewable decision, or the carrying out of the reviewable decision, unless it is stayed under section 642 .\nIn this section—\ndecision notice , for a decision, means a notice stating—\nthe decision; or\nthe review and appeal information for the decision.\ndissatisfied person means—\nfor a reviewable decision of the Regulator made in relation to an application for an exemption, authorisation, approval or heavy vehicle accreditation under this Law—the applicant; or\nfor a reviewable decision of the Regulator not to make a decision sought in an application for an amendment of an exemption, authorisation, approval or heavy vehicle accreditation under this Law—the applicant; or\nfor a reviewable decision of the Regulator to amend, cancel or suspend an exemption, authorisation, approval or heavy vehicle accreditation under this Law—the person to whom the exemption, authorisation, approval or heavy vehicle accreditation was granted; or\nfor a reviewable decision of the Regulator not to give a replacement permit for an exemption or authorisation under this Law or not to give a replacement accreditation certificate for a heavy vehicle accreditation under this Law—the person to whom the exemption, authorisation or heavy vehicle accreditation was granted; or\nfor a reviewable decision of the Regulator that a thing or sample is forfeited to the Regulator—an owner of the thing or sample; or\nfor a reviewable decision of an authorised officer to give a person an improvement notice or prohibition notice, or to amend an improvement notice or prohibition notice given to a person—the person to whom the notice was given; or\nfor a reviewable decision of a relevant road manager for a mass or dimension authority—a person adversely affected by the decision; or\nfor a reviewable decision made under the national regulations—the person prescribed as the dissatisfied person for the decision under the national regulations.\nsch s 641 sub 2013 No. 4 s 12\namd 2018 No. 18 s 29 ; 2019 No. 29 s 32\n(sec.641-ssec.1) A dissatisfied person for a reviewable decision may apply to the Regulator for a review of the decision.\n(sec.641-ssec.2) A review application may be made only within 28 days after— the day the person is notified of the decision; or if a provision of this Law requires that the person be given a statement of reasons for the decision—the day the statement is given to the person.\n(sec.641-ssec.3) However, the Regulator may, at any time, extend the time for making a review application.\n(sec.641-ssec.4) A review application must— be written; and be accompanied by the prescribed fee for the application; and state in detail the grounds on which the person wants the reviewable decision to be reviewed.\n(sec.641-ssec.5) The person is entitled to receive a statement of reasons for the reviewable decision whether or not the provision under which the decision is made requires that the person be given a statement of reasons for the decision.\n(sec.641-ssec.6) If the person is given a decision notice, but not an information notice, for the reviewable decision— the decision notice must state that, within 28 days after the notice is given to the person, the person may ask the Regulator for a statement of reasons for the decision; and the person may, within 28 days after a decision notice complying with paragraph (a) is given to the person, ask the Regulator for a statement of reasons for the decision.\n(sec.641-ssec.6A) Within 28 days after the request is made under subsection (6) (b) , the Regulator must give the person a statement of reasons.\n(sec.641-ssec.7) The making of a review application does not affect the reviewable decision, or the carrying out of the reviewable decision, unless it is stayed under section 642 .\n(sec.641-ssec.8) In this section— decision notice , for a decision, means a notice stating— the decision; or the review and appeal information for the decision. dissatisfied person means— for a reviewable decision of the Regulator made in relation to an application for an exemption, authorisation, approval or heavy vehicle accreditation under this Law—the applicant; or for a reviewable decision of the Regulator not to make a decision sought in an application for an amendment of an exemption, authorisation, approval or heavy vehicle accreditation under this Law—the applicant; or for a reviewable decision of the Regulator to amend, cancel or suspend an exemption, authorisation, approval or heavy vehicle accreditation under this Law—the person to whom the exemption, authorisation, approval or heavy vehicle accreditation was granted; or for a reviewable decision of the Regulator not to give a replacement permit for an exemption or authorisation under this Law or not to give a replacement accreditation certificate for a heavy vehicle accreditation under this Law—the person to whom the exemption, authorisation or heavy vehicle accreditation was granted; or for a reviewable decision of the Regulator that a thing or sample is forfeited to the Regulator—an owner of the thing or sample; or for a reviewable decision of an authorised officer to give a person an improvement notice or prohibition notice, or to amend an improvement notice or prohibition notice given to a person—the person to whom the notice was given; or for a reviewable decision of a relevant road manager for a mass or dimension authority—a person adversely affected by the decision; or for a reviewable decision made under the national regulations—the person prescribed as the dissatisfied person for the decision under the national regulations.\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 statement of reasons for the decision—the day the statement is given to the person.\n- (a) be written; and\n- (b) be accompanied by the prescribed fee for the application; and\n- (c) state in detail the grounds on which the person wants the reviewable decision to be reviewed.\n- (a) the decision notice must state that, within 28 days after the notice is given to the person, the person may ask the Regulator for a statement of reasons for the decision; and\n- (b) the person may, within 28 days after a decision notice complying with paragraph (a) is given to the person, ask the Regulator for a statement of reasons for the decision.\n- (a) the decision; or\n- (b) the review and appeal information for the decision.\n- (a) for a reviewable decision of the Regulator made in relation to an application for an exemption, authorisation, approval or heavy vehicle accreditation under this Law—the applicant; or\n- (b) for a reviewable decision of the Regulator not to make a decision sought in an application for an amendment of an exemption, authorisation, approval or heavy vehicle accreditation under this Law—the applicant; or\n- (c) for a reviewable decision of the Regulator to amend, cancel or suspend an exemption, authorisation, approval or heavy vehicle accreditation under this Law—the person to whom the exemption, authorisation, approval or heavy vehicle accreditation was granted; or\n- (d) for a reviewable decision of the Regulator not to give a replacement permit for an exemption or authorisation under this Law or not to give a replacement accreditation certificate for a heavy vehicle accreditation under this Law—the person to whom the exemption, authorisation or heavy vehicle accreditation was granted; or\n- (e) for a reviewable decision of the Regulator that a thing or sample is forfeited to the Regulator—an owner of the thing or sample; or\n- (f) for a reviewable decision of an authorised officer to give a person an improvement notice or prohibition notice, or to amend an improvement notice or prohibition notice given to a person—the person to whom the notice was given; or\n- (g) for a reviewable decision of a relevant road manager for a mass or dimension authority—a person adversely affected by the decision; or\n- (h) for a reviewable decision made under the national regulations—the person prescribed as the dissatisfied person for the decision under the national regulations.","sortOrder":952},{"sectionNumber":"sec.642","sectionType":"section","heading":"Stay of reviewable decisions made by Regulator or authorised officer","content":"### sec.642 Stay of reviewable decisions made by Regulator or authorised officer\n\nThis section applies to—\na reviewable decision made by the Regulator other than a decision made on the basis of a public safety ground; or\na reviewable decision made by an authorised officer.\nIf a person makes a review application for the reviewable decision, the person may immediately apply for a stay of the decision to the relevant appeal body.\nThe relevant appeal body may stay the reviewable decision to secure the effectiveness of the review and any later appeal to the body.\nIn setting the time for hearing the stay application, the relevant appeal body must allow at least 3 business days between the day the application is filed with it and the hearing day.\nThe Regulator is a party to the application.\nThe person must serve a copy of the application showing the time and place of the hearing, and any document filed in the relevant appeal body with the application, on the Regulator at least 2 business days before the hearing.\nThe stay—\nmay be given on conditions the relevant appeal body considers appropriate; and\noperates for the period specified by the relevant appeal body; and\nmay be revoked or amended by the relevant appeal body.\nThe period of a stay under this section must not extend past the time when the reviewer reviews the reviewable decision and any later period the relevant appeal body allows the applicant to enable the applicant to appeal against the decision.\nsch s 642 sub 2013 No. 4 s 12\n(sec.642-ssec.1) This section applies to— a reviewable decision made by the Regulator other than a decision made on the basis of a public safety ground; or a reviewable decision made by an authorised officer.\n(sec.642-ssec.2) If a person makes a review application for the reviewable decision, the person may immediately apply for a stay of the decision to the relevant appeal body.\n(sec.642-ssec.3) The relevant appeal body may stay the reviewable decision to secure the effectiveness of the review and any later appeal to the body.\n(sec.642-ssec.4) In setting the time for hearing the stay application, the relevant appeal body must allow at least 3 business days between the day the application is filed with it and the hearing day.\n(sec.642-ssec.5) The Regulator is a party to the application.\n(sec.642-ssec.6) The person must serve a copy of the application showing the time and place of the hearing, and any document filed in the relevant appeal body with the application, on the Regulator at least 2 business days before the hearing.\n(sec.642-ssec.7) The stay— may be given on conditions the relevant appeal body considers appropriate; and operates for the period specified by the relevant appeal body; and may be revoked or amended by the relevant appeal body.\n(sec.642-ssec.8) The period of a stay under this section must not extend past the time when the reviewer reviews the reviewable decision and any later period the relevant appeal body allows the applicant to enable the applicant to appeal against the decision.\n- (a) a reviewable decision made by the Regulator other than a decision made on the basis of a public safety ground; or\n- (b) a reviewable decision made by an authorised officer.\n- (a) may be given on conditions the relevant appeal body considers appropriate; and\n- (b) operates for the period specified by the relevant appeal body; and\n- (c) may be revoked or amended by the relevant appeal body.","sortOrder":953},{"sectionNumber":"sec.643","sectionType":"section","heading":"Referral of applications for review of decisions made by road managers","content":"### sec.643 Referral of applications for review of decisions made by road managers\n\nThis section applies to a review application relating to a reviewable decision made by a road manager for a road.\nIn Schedule 3 , only decisions made by a road manager (for a road) that is a public authority are reviewable decisions.\nThe Regulator must refer the application to the road manager for review within 2 business days after receiving it.\nsch s 643 sub 2013 No. 4 s 12\n(sec.643-ssec.1) This section applies to a review application relating to a reviewable decision made by a road manager for a road. In Schedule 3 , only decisions made by a road manager (for a road) that is a public authority are reviewable decisions.\n(sec.643-ssec.2) The Regulator must refer the application to the road manager for review within 2 business days after receiving it.","sortOrder":954},{"sectionNumber":"sec.644","sectionType":"section","heading":"Internal review","content":"### sec.644 Internal review\n\nA review of a reviewable decision that was not made by the Regulator or a road manager personally must not be decided by—\nthe person who made the reviewable decision; or\na person who holds a less senior position than the person who made the reviewable decision.\nThe reviewer must conduct the review—\non the material before the person who made the reviewable decision; and\non the reasons for the reviewable decision; and\nany other relevant material the reviewer allows.\nFor the review, the reviewer must give the applicant a reasonable opportunity to make written or oral representations to the reviewer.\nsch s 644 sub 2013 No. 4 s 12\n(sec.644-ssec.1) A review of a reviewable decision that was not made by the Regulator or a road manager personally must not be decided by— the person who made the reviewable decision; or a person who holds a less senior position than the person who made the reviewable decision.\n(sec.644-ssec.2) The reviewer must conduct the review— on the material before the person who made the reviewable decision; and on the reasons for the reviewable decision; and any other relevant material the reviewer allows.\n(sec.644-ssec.3) For the review, the reviewer must give the applicant a reasonable opportunity to make written or oral representations to the reviewer.\n- (a) the person who made the reviewable decision; or\n- (b) a person who holds a less senior position than the person who made the reviewable decision.\n- (a) on the material before the person who made the reviewable decision; and\n- (b) on the reasons for the reviewable decision; and\n- (c) any other relevant material the reviewer allows.","sortOrder":955},{"sectionNumber":"sec.645","sectionType":"section","heading":"Review decision","content":"### sec.645 Review decision\n\nThe reviewer must, within the prescribed period, make a decision (the review decision ) to—\nconfirm the reviewable decision; or\namend the reviewable decision; or\nsubstitute another decision for the reviewable decision.\nIf the review decision confirms the reviewable decision, for the purpose of an appeal, the reviewable decision is taken to be the review decision.\nIf the review decision amends the reviewable decision, for the purpose of an appeal, the reviewable decision as amended is taken to be the review decision.\nIf the review decision substitutes another decision for the reviewable decision, the substituted decision is taken to be the review decision.\nIf the reviewer is a road manager for a road, the reviewer must, as soon as practicable, give the Regulator notice of the review decision stating—\nthe decision; and\nthe reasons for the decision.\nIn this section—\nprescribed period means—\nfor a review of a reviewable decision made by a road manager for a road—\n28 days after the application for the review is given to the road manager; or\nif the Regulator and road manager have agreed to a longer period, of not more than 3 months after the application for the review is given to the road manager, and the Regulator has given notice of the longer period to the applicant—the longer period; or\nfor a review of another reviewable decision—28 days after the application for the review is made.\nsch s 645 sub 2013 No. 4 s 12\n(sec.645-ssec.1) The reviewer must, within the prescribed period, make a decision (the review decision ) to— confirm the reviewable decision; or amend the reviewable decision; or substitute another decision for the reviewable decision.\n(sec.645-ssec.2) If the review decision confirms the reviewable decision, for the purpose of an appeal, the reviewable decision is taken to be the review decision.\n(sec.645-ssec.3) If the review decision amends the reviewable decision, for the purpose of an appeal, the reviewable decision as amended is taken to be the review decision.\n(sec.645-ssec.4) If the review decision substitutes another decision for the reviewable decision, the substituted decision is taken to be the review decision.\n(sec.645-ssec.5) If the reviewer is a road manager for a road, the reviewer must, as soon as practicable, give the Regulator notice of the review decision stating— the decision; and the reasons for the decision.\n(sec.645-ssec.6) In this section— prescribed period means— for a review of a reviewable decision made by a road manager for a road— 28 days after the application for the review is given to the road manager; or if the Regulator and road manager have agreed to a longer period, of not more than 3 months after the application for the review is given to the road manager, and the Regulator has given notice of the longer period to the applicant—the longer period; or for a review of another reviewable decision—28 days after the application for the review is made.\n- (a) confirm the reviewable decision; or\n- (b) amend the reviewable decision; or\n- (c) substitute another decision for the reviewable decision.\n- (a) the decision; and\n- (b) the reasons for the decision.\n- (a) for a review of a reviewable decision made by a road manager for a road— (i) 28 days after the application for the review is given to the road manager; or (ii) if the Regulator and road manager have agreed to a longer period, of not more than 3 months after the application for the review is given to the road manager, and the Regulator has given notice of the longer period to the applicant—the longer period; or\n- (i) 28 days after the application for the review is given to the road manager; or\n- (ii) if the Regulator and road manager have agreed to a longer period, of not more than 3 months after the application for the review is given to the road manager, and the Regulator has given notice of the longer period to the applicant—the longer period; or\n- (b) for a review of another reviewable decision—28 days after the application for the review is made.\n- (i) 28 days after the application for the review is given to the road manager; or\n- (ii) if the Regulator and road manager have agreed to a longer period, of not more than 3 months after the application for the review is given to the road manager, and the Regulator has given notice of the longer period to the applicant—the longer period; or","sortOrder":956},{"sectionNumber":"sec.646","sectionType":"section","heading":"Notice of review decision","content":"### sec.646 Notice of review decision\n\nThe Regulator must, within the prescribed period, give the applicant notice (the review notice ) of the review decision.\nIf the review decision is not the decision sought by the applicant, the review notice must state the following—\nthe reasons for the decision;\nfor a review decision relating to a reviewable decision made by a road manager for a road—that the review decision is not subject to further review or appeal under this Law;\nfor a review decision relating to another reviewable decision—\nthat the applicant may appeal against the decision under Part 11.3 ; and\nhow to appeal;\nfor a review decision relating to a reviewable decision made under Division 3 of Part 4.5 or Division 4 of Part 4.6 if the areas or routes for which the authorisation the subject of the reviewable decision was sought are situated in 2 or more participating jurisdictions—the jurisdiction in which most of the areas or routes are situated, worked out by reference to the length of road covered by the areas or routes.\nIf the reviewer does not make a review decision within the period required under section 645 , the reviewer is taken to have made a review decision confirming the reviewable decision.\nIn this section—\nprescribed period means—\nfor a review of a reviewable decision made by a road manager for a road—as soon as practicable, but not more than 7 days, after the reviewer gives the Regulator notice of the decision; or\nfor a review of another reviewable decision—as soon as practicable.\nsch s 646 sub 2013 No. 4 s 12\n(sec.646-ssec.1) The Regulator must, within the prescribed period, give the applicant notice (the review notice ) of the review decision.\n(sec.646-ssec.2) If the review decision is not the decision sought by the applicant, the review notice must state the following— the reasons for the decision; for a review decision relating to a reviewable decision made by a road manager for a road—that the review decision is not subject to further review or appeal under this Law; for a review decision relating to another reviewable decision— that the applicant may appeal against the decision under Part 11.3 ; and how to appeal; for a review decision relating to a reviewable decision made under Division 3 of Part 4.5 or Division 4 of Part 4.6 if the areas or routes for which the authorisation the subject of the reviewable decision was sought are situated in 2 or more participating jurisdictions—the jurisdiction in which most of the areas or routes are situated, worked out by reference to the length of road covered by the areas or routes.\n(sec.646-ssec.3) If the reviewer does not make a review decision within the period required under section 645 , the reviewer is taken to have made a review decision confirming the reviewable decision.\n(sec.646-ssec.4) In this section— prescribed period means— for a review of a reviewable decision made by a road manager for a road—as soon as practicable, but not more than 7 days, after the reviewer gives the Regulator notice of the decision; or for a review of another reviewable decision—as soon as practicable.\n- (a) the reasons for the decision;\n- (b) for a review decision relating to a reviewable decision made by a road manager for a road—that the review decision is not subject to further review or appeal under this Law;\n- (c) for a review decision relating to another reviewable decision— (i) that the applicant may appeal against the decision under Part 11.3 ; and (ii) how to appeal;\n- (i) that the applicant may appeal against the decision under Part 11.3 ; and\n- (ii) how to appeal;\n- (d) for a review decision relating to a reviewable decision made under Division 3 of Part 4.5 or Division 4 of Part 4.6 if the areas or routes for which the authorisation the subject of the reviewable decision was sought are situated in 2 or more participating jurisdictions—the jurisdiction in which most of the areas or routes are situated, worked out by reference to the length of road covered by the areas or routes.\n- (i) that the applicant may appeal against the decision under Part 11.3 ; and\n- (ii) how to appeal;\n- (a) for a review of a reviewable decision made by a road manager for a road—as soon as practicable, but not more than 7 days, after the reviewer gives the Regulator notice of the decision; or\n- (b) for a review of another reviewable decision—as soon as practicable.","sortOrder":957},{"sectionNumber":"sch-inc-ch.11-pt.11.3","sectionType":"part","heading":"Appeals","content":"# Appeals","sortOrder":958},{"sectionNumber":"sec.647","sectionType":"section","heading":"Appellable decisions","content":"### sec.647 Appellable decisions\n\nA person may appeal to the relevant appeal body against a review decision relating to a reviewable decision made by the Regulator or an authorised officer.\nA person may appeal against the review decision only within 28 days after—\nif a review notice is given to the person under section 646 —the notice was given to the person; or\nif the reviewer is taken to have confirmed the decision under section 646 (3) —the period mentioned in that section ends.\nHowever, the relevant appeal body may extend the period for appealing.\nThe filing of an appeal does not affect the review decision, or the carrying out of the review decision, unless it is stayed under section 648 .\n(sec.647-ssec.1) A person may appeal to the relevant appeal body against a review decision relating to a reviewable decision made by the Regulator or an authorised officer.\n(sec.647-ssec.2) A person may appeal against the review decision only within 28 days after— if a review notice is given to the person under section 646 —the notice was given to the person; or if the reviewer is taken to have confirmed the decision under section 646 (3) —the period mentioned in that section ends.\n(sec.647-ssec.3) However, the relevant appeal body may extend the period for appealing.\n(sec.647-ssec.4) The filing of an appeal does not affect the review decision, or the carrying out of the review decision, unless it is stayed under section 648 .\n- (a) if a review notice is given to the person under section 646 —the notice was given to the person; or\n- (b) if the reviewer is taken to have confirmed the decision under section 646 (3) —the period mentioned in that section ends.","sortOrder":959},{"sectionNumber":"sec.648","sectionType":"section","heading":"Stay of review decision","content":"### sec.648 Stay of review decision\n\nThis section applies if, under this Law, a person appeals to the relevant appeal body against a review decision relating to—\na reviewable decision made by the Regulator other than on the basis of a public safety ground; or\na reviewable decision made by an authorised officer.\nThe person may immediately apply to the relevant appeal body for a stay of the decision.\nThe relevant appeal body may stay the review decision to secure the effectiveness of the appeal.\nIn setting the time for hearing the stay application, the relevant appeal body must allow at least 3 business days between the day the application is filed with it and the hearing day.\nThe Regulator is a party to the application.\nThe person must serve a copy of the application showing the time and place of the hearing, and any document filed in the relevant appeal body with the application, on the Regulator at least 2 business days before the hearing.\nThe stay—\nmay be given on conditions the relevant appeal body considers appropriate; and\noperates for the period specified by the relevant appeal body, but not extending past the time when it decides the appeal; and\nmay be revoked or amended by the relevant appeal body.\n(sec.648-ssec.1) This section applies if, under this Law, a person appeals to the relevant appeal body against a review decision relating to— a reviewable decision made by the Regulator other than on the basis of a public safety ground; or a reviewable decision made by an authorised officer.\n(sec.648-ssec.2) The person may immediately apply to the relevant appeal body for a stay of the decision.\n(sec.648-ssec.3) The relevant appeal body may stay the review decision to secure the effectiveness of the appeal.\n(sec.648-ssec.4) In setting the time for hearing the stay application, the relevant appeal body must allow at least 3 business days between the day the application is filed with it and the hearing day.\n(sec.648-ssec.5) The Regulator is a party to the application.\n(sec.648-ssec.6) The person must serve a copy of the application showing the time and place of the hearing, and any document filed in the relevant appeal body with the application, on the Regulator at least 2 business days before the hearing.\n(sec.648-ssec.7) The stay— may be given on conditions the relevant appeal body considers appropriate; and operates for the period specified by the relevant appeal body, but not extending past the time when it decides the appeal; and may be revoked or amended by the relevant appeal body.\n- (a) a reviewable decision made by the Regulator other than on the basis of a public safety ground; or\n- (b) a reviewable decision made by an authorised officer.\n- (a) may be given on conditions the relevant appeal body considers appropriate; and\n- (b) operates for the period specified by the relevant appeal body, but not extending past the time when it decides the appeal; and\n- (c) may be revoked or amended by the relevant appeal body.","sortOrder":960},{"sectionNumber":"sec.649","sectionType":"section","heading":"Powers of relevant appeal body on appeal","content":"### sec.649 Powers of relevant appeal body on appeal\n\nIn deciding, under this Law, an appeal against a review decision, the relevant appeal body—\nhas the same powers as the person who made the reviewable decision to which the review decision relates; and\nis not bound by the rules of evidence; and\nmust comply with natural justice.\nAn appeal is by way of rehearing—\nunaffected by the review decision; and\non the material before the person who made the review decision and any further evidence allowed by the relevant appeal body.\nAfter hearing the appeal, the relevant appeal body must—\nconfirm the review decision; or\nset aside the review decision and substitute another decision that it considers appropriate; or\nset aside the review decision and return the issue to the person who made the reviewable decision to which the review decision relates with the directions that it considers appropriate.\n(sec.649-ssec.1) In deciding, under this Law, an appeal against a review decision, the relevant appeal body— has the same powers as the person who made the reviewable decision to which the review decision relates; and is not bound by the rules of evidence; and must comply with natural justice.\n(sec.649-ssec.2) An appeal is by way of rehearing— unaffected by the review decision; and on the material before the person who made the review decision and any further evidence allowed by the relevant appeal body.\n(sec.649-ssec.3) After hearing the appeal, the relevant appeal body must— confirm the review decision; or set aside the review decision and substitute another decision that it considers appropriate; or set aside the review decision and return the issue to the person who made the reviewable decision to which the review decision relates with the directions that it considers appropriate.\n- (a) has the same powers as the person who made the reviewable decision 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- (a) unaffected by the review decision; and\n- (b) on the material before the person who made the review decision and any further evidence allowed by the relevant appeal body.\n- (a) confirm the review decision; or\n- (b) set aside the review decision and substitute another decision that it considers appropriate; or\n- (c) set aside the review decision and return the issue to the person who made the reviewable decision to which the review decision relates with the directions that it considers appropriate.","sortOrder":961},{"sectionNumber":"sec.650","sectionType":"section","heading":"Effect of decision of relevant appeal body on appeal","content":"### sec.650 Effect of decision of relevant appeal body on appeal\n\nIf, under this Law, the relevant appeal body substitutes another decision for a review decision, the substituted decision is, for the relevant provision of this Law, taken to be that of the person who made the reviewable decision to which the review decision relates.","sortOrder":962},{"sectionNumber":"sch-inc-ch.12-pt.12.1","sectionType":"part","heading":"Responsible Ministers","content":"# Responsible Ministers","sortOrder":963},{"sectionNumber":"sec.651","sectionType":"section","heading":"Policy directions","content":"### sec.651 Policy directions\n\nThe responsible Ministers may give directions to the Regulator about the policies to be applied by the Regulator in exercising its functions under this Law.\nA direction under this section can not be about—\na particular person; or\na particular heavy vehicle; or\na particular application or proceeding.\nThe Regulator must comply with a direction given to it by the responsible Ministers under this section.\nA copy of a direction given by the responsible Ministers to the Regulator is to be published in the Regulator’s annual report.\nsch s 651 sub 2013 No. 4 s 12\nsub 2025 No. 26 s 132 (uncommenced amendment)\n_____\nsch s 651A ins 2025 No. 26 s 132 (uncommenced amendment)\nsch s 651B ins 2025 No. 26 s 132 (uncommenced amendment)\nsch s 651C ins 2025 No. 26 s 132 (uncommenced amendment)\nsch s 651D ins 2025 No. 26 s 132 (uncommenced amendment)\nsch ch 12 pt 12.1 div 2 hdg ins 2025 No. 26 s 133 (uncommenced amendment)\n(sec.651-ssec.1) The responsible Ministers may give directions to the Regulator about the policies to be applied by the Regulator in exercising its functions under this Law.\n(sec.651-ssec.2) A direction under this section can not be about— a particular person; or a particular heavy vehicle; or a particular application or proceeding.\n(sec.651-ssec.3) The Regulator must comply with a direction given to it by the responsible Ministers under this section.\n(sec.651-ssec.4) A copy of a direction given by the responsible Ministers to the Regulator is to be published in the Regulator’s annual report.\n- (a) a particular person; or\n- (b) a particular heavy vehicle; or\n- (c) a particular application or proceeding.","sortOrder":964},{"sectionNumber":"sec.652","sectionType":"section","heading":"Referral of matters etc. by responsible Minister","content":"### sec.652 Referral of matters etc. by responsible Minister\n\nThe responsible Minister for a participating jurisdiction may—\nrefer a matter relevant to that jurisdiction to the Regulator for action under this Law; or\nask the Regulator for information about the exercise of the Regulator’s functions under this Law as applied in that jurisdiction.\nHowever, the Minister can not—\nrefer a matter to the Regulator under subsection (1) (a) that may require the Regulator to take action that is inconsistent with—\na direction given by the responsible Ministers under section 651 ; or\nthe approved guidelines; or\ndirect the Regulator to take or not to take particular action in relation to a matter referred to the Regulator under subsection (1) (a) ; or\notherwise influence the exercise of the Regulator’s functions under this Law.\nThe Regulator may charge a fee for dealing with a referral or request made under subsection (1) .\nA fee charged by the Regulator under subsection (3) must be an amount—\nthe Regulator considers reasonable; and\nthat is no more than the reasonable cost of dealing with the referral or request.\nSection 740 (2) to (4) do not apply to a fee charged by the Regulator under subsection (3) .\nsch s 652 sub 2013 No. 4 s 12\n(sec.652-ssec.1) The responsible Minister for a participating jurisdiction may— refer a matter relevant to that jurisdiction to the Regulator for action under this Law; or ask the Regulator for information about the exercise of the Regulator’s functions under this Law as applied in that jurisdiction.\n(sec.652-ssec.2) However, the Minister can not— refer a matter to the Regulator under subsection (1) (a) that may require the Regulator to take action that is inconsistent with— a direction given by the responsible Ministers under section 651 ; or the approved guidelines; or direct the Regulator to take or not to take particular action in relation to a matter referred to the Regulator under subsection (1) (a) ; or otherwise influence the exercise of the Regulator’s functions under this Law.\n(sec.652-ssec.3) The Regulator may charge a fee for dealing with a referral or request made under subsection (1) .\n(sec.652-ssec.4) A fee charged by the Regulator under subsection (3) must be an amount— the Regulator considers reasonable; and that is no more than the reasonable cost of dealing with the referral or request.\n(sec.652-ssec.5) Section 740 (2) to (4) do not apply to a fee charged by the Regulator under subsection (3) .\n- (a) refer a matter relevant to that jurisdiction to the Regulator for action under this Law; or\n- (b) ask the Regulator for information about the exercise of the Regulator’s functions under this Law as applied in that jurisdiction.\n- (a) refer a matter to the Regulator under subsection (1) (a) that may require the Regulator to take action that is inconsistent with— (i) a direction given by the responsible Ministers under section 651 ; or (ii) the approved guidelines; or\n- (i) a direction given by the responsible Ministers under section 651 ; or\n- (ii) the approved guidelines; or\n- (b) direct the Regulator to take or not to take particular action in relation to a matter referred to the Regulator under subsection (1) (a) ; or\n- (c) otherwise influence the exercise of the Regulator’s functions under this Law.\n- (i) a direction given by the responsible Ministers under section 651 ; or\n- (ii) the approved guidelines; or\n- (a) the Regulator considers reasonable; and\n- (b) that is no more than the reasonable cost of dealing with the referral or request.","sortOrder":965},{"sectionNumber":"sec.653","sectionType":"section","heading":"Approved guidelines for exemptions, authorisations, permits and other authorities","content":"### sec.653 Approved guidelines for exemptions, authorisations, permits and other authorities\n\nThe responsible Ministers may approve guidelines about any of the following—\ngranting vehicle standards exemptions;\ngranting mass or dimension exemptions;\ngranting class 2 heavy vehicle authorisations;\ngranting electronic recording system approvals;\ngranting work and rest hours exemptions;\ngranting work diary exemptions;\ngranting fatigue record keeping exemptions;\ngranting heavy vehicle accreditation;\ngranting or issuing an exemption, authorisation, permit or authority, or making a declaration, under the national regulations;\ngranting PBS design approvals and PBS vehicle approvals;\nother matters as referred to in—\nparagraph (a) (ii) of the definition road condition in section 154 ; or\nsection 156A (1) (a) (ii) ; or\nsection 163 (1) (b) (ii) (B) ; or\nsection 174 (1) (b) ; or\nsection 178 (1) (b) .\nThe guidelines, and any instrument amending or repealing the guidelines, must be published in the Commonwealth Gazette.\nThe Regulator must ensure a copy of the guidelines as in force from time to time and any document applied, adopted or incorporated by the guidelines is—\nmade available for inspection, without charge, during normal business hours at each office of the Regulator; and\npublished on the Regulator’s website.\nsch s 653 sub 2013 No. 4 s 12\namd 2018 No. 10 s 35 ; 2018 No. 18 s 30\namd 2025 No. 26 s 134 (uncommenced amendment)\n(sec.653-ssec.1) The responsible Ministers may approve guidelines about any of the following— granting vehicle standards exemptions; granting mass or dimension exemptions; granting class 2 heavy vehicle authorisations; granting electronic recording system approvals; granting work and rest hours exemptions; granting work diary exemptions; granting fatigue record keeping exemptions; granting heavy vehicle accreditation; granting or issuing an exemption, authorisation, permit or authority, or making a declaration, under the national regulations; granting PBS design approvals and PBS vehicle approvals; other matters as referred to in— paragraph (a) (ii) of the definition road condition in section 154 ; or section 156A (1) (a) (ii) ; or section 163 (1) (b) (ii) (B) ; or section 174 (1) (b) ; or section 178 (1) (b) .\n(sec.653-ssec.2) The guidelines, and any instrument amending or repealing the guidelines, must be published in the Commonwealth Gazette.\n(sec.653-ssec.3) The Regulator must ensure a copy of the guidelines as in force from time to time and any document applied, adopted or incorporated by the guidelines is— made available for inspection, without charge, during normal business hours at each office of the Regulator; and published on the Regulator’s website.\n- (b) granting vehicle standards exemptions;\n- (c) granting mass or dimension exemptions;\n- (d) granting class 2 heavy vehicle authorisations;\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 authority, or making a declaration, under the national regulations;\n- (k) granting PBS design approvals and PBS vehicle approvals;\n- (l) other matters as referred to in— (i) paragraph (a) (ii) of the definition road condition in section 154 ; or (ii) section 156A (1) (a) (ii) ; or (iii) section 163 (1) (b) (ii) (B) ; or (iv) section 174 (1) (b) ; or (v) section 178 (1) (b) .\n- (i) paragraph (a) (ii) of the definition road condition in section 154 ; 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- (i) paragraph (a) (ii) of the definition road condition in section 154 ; 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- (a) made available for inspection, without charge, during normal business hours at each office of the Regulator; and\n- (b) published on the Regulator’s website.","sortOrder":966},{"sectionNumber":"sec.654","sectionType":"section","heading":"Other approvals","content":"### sec.654 Other approvals\n\nThe responsible Ministers may approve—\na standard for sleeper berths; or\nstandards and business rules for—\nadvanced fatigue management; or\nbasic fatigue management; or\nheavy vehicle maintenance management; or\nheavy vehicle mass management; or\na class of auditors for the purposes of Chapter 8 .\nThe approval, and any instrument amending or repealing the approval, must be published in the Commonwealth Gazette.\nThe Regulator must ensure a copy of an approval in force under subsection (1) , and any document the subject of the approval, is—\nmade available for inspection, without charge, during normal business hours at each office of the Regulator; and\npublished on the Regulator’s website.\nsch s 654 sub 2013 No. 4 s 12\namd 2025 No. 26 s 135 (uncommenced amendment)\n(sec.654-ssec.1) The responsible Ministers may approve— a standard for sleeper berths; or standards and business rules for— advanced fatigue management; or basic fatigue management; or heavy vehicle maintenance management; or heavy vehicle mass management; or a class of auditors for the purposes of Chapter 8 .\n(sec.654-ssec.2) The approval, and any instrument amending or repealing the approval, must be published in the Commonwealth Gazette.\n(sec.654-ssec.3) The Regulator must ensure a copy of an approval in force under subsection (1) , and any document the subject of the approval, is— made available for inspection, without charge, during normal business hours at each office of the Regulator; and published on the Regulator’s website.\n- (a) a standard for sleeper berths; or\n- (b) standards and business rules for— (i) advanced fatigue management; or (ii) basic fatigue management; or (iii) heavy vehicle maintenance management; or (iv) heavy vehicle mass management; or\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- (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- (a) made available for inspection, without charge, during normal business hours at each office of the Regulator; and\n- (b) published on the Regulator’s website.","sortOrder":967},{"sectionNumber":"sec.655","sectionType":"section","heading":"How responsible Ministers exercise functions","content":"### sec.655 How responsible Ministers exercise functions\n\nThe responsible Ministers are to give a direction or approval, or make a recommendation, request or decision, for the purposes of a provision of this Law by a resolution passed by the responsible Ministers in accordance with the procedures decided by the responsible Ministers.\nSubsection (1) applies subject to the following—\nsubsection (3) ;\na provision of this Law that provides how a direction or approval must be given, or a recommendation, request or decision must be made, by the responsible Ministers, including, for example, a provision that provides that a recommendation by the responsible Ministers must be unanimous.\nThe Commonwealth responsible Minister may decide whether or not to participate in the exercise of a function given to the responsible Ministers under this Law and, if the Commonwealth responsible Minister decides not to participate, the following apply in relation to the exercise of the function—\na reference in this Law to the responsible Ministers is taken to be a reference to a group of Ministers consisting of the responsible Minister for each participating jurisdiction;\na direction, approval, recommendation, request or decision by the responsible Ministers is taken to be unanimous if the responsible Minister for each participating jurisdiction agrees with the direction, approval, recommendation, request or decision.\nAn act or thing done by the responsible Ministers (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Ministers comprising the responsible Ministers.\nsch s 655 sub 2013 No. 4 s 12\n(sec.655-ssec.1) The responsible Ministers are to give a direction or approval, or make a recommendation, request or decision, for the purposes of a provision of this Law by a resolution passed by the responsible Ministers in accordance with the procedures decided by the responsible Ministers.\n(sec.655-ssec.2) Subsection (1) applies subject to the following— subsection (3) ; a provision of this Law that provides how a direction or approval must be given, or a recommendation, request or decision must be made, by the responsible Ministers, including, for example, a provision that provides that a recommendation by the responsible Ministers must be unanimous.\n(sec.655-ssec.3) The Commonwealth responsible Minister may decide whether or not to participate in the exercise of a function given to the responsible Ministers under this Law and, if the Commonwealth responsible Minister decides not to participate, the following apply in relation to the exercise of the function— a reference in this Law to the responsible Ministers is taken to be a reference to a group of Ministers consisting of the responsible Minister for each participating jurisdiction; a direction, approval, recommendation, request or decision by the responsible Ministers is taken to be unanimous if the responsible Minister for each participating jurisdiction agrees with the direction, approval, recommendation, request or decision.\n(sec.655-ssec.4) An act or thing done by the responsible Ministers (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Ministers comprising the responsible Ministers.\n- (a) subsection (3) ;\n- (b) a provision of this Law that provides how a direction or approval must be given, or a recommendation, request or decision must be made, by the responsible Ministers, including, for example, a provision that provides that a recommendation by the responsible Ministers must be unanimous.\n- (a) a reference in this Law to the responsible Ministers is taken to be a reference to a group of Ministers consisting of the responsible Minister for each participating jurisdiction;\n- (b) a direction, approval, recommendation, request or decision by the responsible Ministers is taken to be unanimous if the responsible Minister for each participating jurisdiction agrees with the direction, approval, recommendation, request or decision.","sortOrder":968},{"sectionNumber":"sec.655A","sectionType":"section","heading":"Delegation by responsible Ministers","content":"### sec.655A Delegation by responsible Ministers\n\nThe responsible Ministers may delegate to the Board the function of approving a minor amendment of—\na guideline mentioned in section 653 ; or\nan approval mentioned in section 654 .\nIn this section—\nminor amendment , of a guideline or approval, means an amendment of the guideline or approval in a minor respect—\nfor a formal or clerical reason; or\nin another way that does not—\nincrease a safety risk; or\nincrease a risk of damage to road infrastructure; or\ncause an adverse effect on public amenity; or\nmake a person liable to a penalty.\nsch s 655A ins 2016 No. 65 s 136\n(sec.655A-ssec.1) The responsible Ministers may delegate to the Board the function of approving a minor amendment of— a guideline mentioned in section 653 ; or an approval mentioned in section 654 .\n(sec.655A-ssec.2) In this section— minor amendment , of a guideline or approval, means an amendment of the guideline or approval in a minor respect— for a formal or clerical reason; or in another way that does not— increase a safety risk; or increase a risk of damage to road infrastructure; or cause an adverse effect on public amenity; or make a person liable to a penalty.\n- (a) a guideline mentioned in section 653 ; or\n- (b) an approval mentioned in section 654 .\n- (a) for a formal or clerical reason; or\n- (b) in another way that does not— (i) increase a safety risk; or (ii) increase a risk of damage to road infrastructure; or (iii) cause an adverse effect on public amenity; or (iv) make a person liable to a penalty.\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- (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.","sortOrder":969},{"sectionNumber":"sch-inc-ch.12-pt.12.2","sectionType":"part","heading":"National Heavy Vehicle Regulator","content":"# National Heavy Vehicle Regulator","sortOrder":970},{"sectionNumber":"sch-inc-ch.12-pt.12.2-div.1","sectionType":"division","heading":"Establishment, functions and powers","content":"## Establishment, functions and powers","sortOrder":971},{"sectionNumber":"sec.656","sectionType":"section","heading":"Establishment of National Heavy Vehicle Regulator","content":"### sec.656 Establishment of National Heavy Vehicle Regulator\n\nThe National Heavy Vehicle Regulator is established.\nIt is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of the other participating jurisdictions, has the effect that the National Heavy Vehicle Regulator is one single national entity, with functions conferred by this Law as so applied.\nThe Regulator has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction.\nThe Regulator may exercise its functions in relation to—\none participating jurisdiction; or\n2 or more or all participating jurisdictions collectively.\nsch s 656 sub 2013 No. 4 s 12\n(sec.656-ssec.1) The National Heavy Vehicle Regulator is established.\n(sec.656-ssec.2) It is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of the other participating jurisdictions, has the effect that the National Heavy Vehicle Regulator is one single national entity, with functions conferred by this Law as so applied.\n(sec.656-ssec.3) The Regulator has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction.\n(sec.656-ssec.4) The Regulator may exercise its functions in relation to— one participating jurisdiction; or 2 or more or all participating jurisdictions collectively.\n- (a) one participating jurisdiction; or\n- (b) 2 or more or all participating jurisdictions collectively.","sortOrder":972},{"sectionNumber":"sec.657","sectionType":"section","heading":"Status of Regulator","content":"### sec.657 Status of Regulator\n\nThe Regulator—\nis a body corporate with perpetual succession; and\nhas a common seal; and\nmay sue and be sued in its corporate name.\nThe Regulator represents the State.\nsch s 657 sub 2013 No. 4 s 12\n(sec.657-ssec.1) The Regulator— is a body corporate with perpetual succession; and has a common seal; and may sue and be sued in its corporate name.\n(sec.657-ssec.2) The Regulator represents the State.\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.","sortOrder":973},{"sectionNumber":"sec.658","sectionType":"section","heading":"General powers of Regulator","content":"### sec.658 General powers of Regulator\n\nThe Regulator has all the powers of an individual and, in particular, may—\nenter into contracts; and\nacquire, hold, dispose of, and deal with, real and personal property; and\ndo anything necessary or convenient to be done in the exercise of its functions.\nWithout limiting subsection (1) , the Regulator may enter into an agreement with a State or Territory that makes provision for—\nthe State or Territory to provide services to the Regulator that assist the Regulator in exercising its functions; or\nthe Regulator to provide services to the State or Territory relating to the functions of the Regulator under this Law.\nsch s 658 sub 2013 No. 4 s 12\namd 2018 No. 10 s 36\n(sec.658-ssec.1) The Regulator has all the powers of an individual and, in particular, may— enter into contracts; and acquire, hold, dispose of, and deal with, real and personal property; and do anything necessary or convenient to be done in the exercise of its functions.\n(sec.658-ssec.2) Without limiting subsection (1) , the Regulator may enter into an agreement with a State or Territory that makes provision for— the State or Territory to provide services to the Regulator that assist the Regulator in exercising its functions; or the Regulator to provide services to the State or Territory relating to the functions of the Regulator under this Law.\n- (a) enter into contracts; and\n- (b) acquire, hold, dispose of, and deal with, real and personal property; and\n- (c) do anything necessary or convenient to be done in the exercise of its functions.\n- (a) the State or Territory to provide services to the Regulator that assist the Regulator in exercising its functions; or\n- (b) the Regulator to provide services to the State or Territory relating to the functions of the Regulator under this Law.","sortOrder":974},{"sectionNumber":"sec.659","sectionType":"section","heading":"Functions of Regulator","content":"### sec.659 Functions of Regulator\n\nThe Regulator’s main function is to achieve the object of this Law.\nWithout limiting subsection (1) , the Regulator has the following functions—\nto provide the necessary administrative services for the operation of this Law, including, for example, collecting fees, charges and other amounts payable under this Law;\nto keep the database of heavy vehicles;\nto monitor compliance with this Law;\nto investigate contraventions or possible contraventions of provisions of this Law, including offences against this Law;\nto bring and conduct proceedings in relation to contraventions or possible contraventions of provisions of this Law, including offences against this Law;\nto bring and conduct, or conduct and defend, appeals from decisions in proceedings mentioned in paragraph (d) ;\nto conduct reviews of particular decisions made under this Law by the Regulator or authorised officers;\nto conduct and defend appeals from decisions on reviews mentioned in paragraph (f) ;\nto implement and manage an audit program for heavy vehicle accreditations granted under this Law;\nto monitor and review, and report to the responsible Ministers on, the operation of this Law, including, for example, monitoring, reviewing and reporting on—\nthe extent to which the object of this Law or particular aspects of this Law are being achieved; and\nthe extent and nature of noncompliance with this Law; and\nthe outcome of activities for monitoring and investigating compliance with this Law; and\nthe effect of heavy vehicle accreditation on achieving the object of this Law or particular aspects of this Law; and\nthe effect of modifications to this Law as it applies in a particular participating jurisdiction on achieving the object of this Law or particular aspects of this Law;\nto identify and promote best practice methods—\nfor complying with this Law; and\nfor managing risks to public safety arising from the use of heavy vehicles on roads; and\nfor the productive and efficient road transport of goods or passengers by heavy vehicles;\nto encourage and promote safe and productive business practices of persons involved in the road transport of goods or passengers by heavy vehicles that do not compromise the object of this Law;\nto provide advice, information and education to persons with duties or obligations under this Law about compliance with the duties or obligations;\nto work collaboratively with other law enforcement agencies to ensure a nationally consistent approach for enforcing contraventions of laws involving heavy vehicles;\nto work collaboratively with road managers, the National Transport Commission and industry bodies to ensure a wide understanding of the object of this Law or particular aspects of this Law, and encourage participation in achieving the object;\nthe other functions conferred on it under this Law.\nsch s 659 ins 2013 No. 4 s 12\namd 2018 No. 10 s 37 ; 2019 No. 29 s 33\n_____\nsch s 659A ins 2025 No. 26 s 136 (uncommenced amendment)\n(sec.659-ssec.1) The Regulator’s main function is to achieve the object of this Law.\n(sec.659-ssec.2) Without limiting subsection (1) , the Regulator has the following functions— to provide the necessary administrative services for the operation of this Law, including, for example, collecting fees, charges and other amounts payable under this Law; to keep the database of heavy vehicles; to monitor compliance with this Law; to investigate contraventions or possible contraventions of provisions of this Law, including offences against this Law; to bring and conduct proceedings in relation to contraventions or possible contraventions of provisions of this Law, including offences against this Law; to bring and conduct, or conduct and defend, appeals from decisions in proceedings mentioned in paragraph (d) ; to conduct reviews of particular decisions made under this Law by the Regulator or authorised officers; to conduct and defend appeals from decisions on reviews mentioned in paragraph (f) ; to implement and manage an audit program for heavy vehicle accreditations granted under this Law; to monitor and review, and report to the responsible Ministers on, the operation of this Law, including, for example, monitoring, reviewing and reporting on— the extent to which the object of this Law or particular aspects of this Law are being achieved; and the extent and nature of noncompliance with this Law; and the outcome of activities for monitoring and investigating compliance with this Law; and the effect of heavy vehicle accreditation on achieving the object of this Law or particular aspects of this Law; and the effect of modifications to this Law as it applies in a particular participating jurisdiction on achieving the object of this Law or particular aspects of this Law; to identify and promote best practice methods— for complying with this Law; and for managing risks to public safety arising from the use of heavy vehicles on roads; and for the productive and efficient road transport of goods or passengers by heavy vehicles; to encourage and promote safe and productive business practices of persons involved in the road transport of goods or passengers by heavy vehicles that do not compromise the object of this Law; to provide advice, information and education to persons with duties or obligations under this Law about compliance with the duties or obligations; to work collaboratively with other law enforcement agencies to ensure a nationally consistent approach for enforcing contraventions of laws involving heavy vehicles; to work collaboratively with road managers, the National Transport Commission and industry bodies to ensure a wide understanding of the object of this Law or particular aspects of this Law, and encourage participation in achieving the object; the other functions conferred on it under this Law.\n- (a) to provide the necessary administrative services for the operation of this Law, including, for example, collecting fees, charges 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 provisions of this Law, including offences against this Law;\n- (d) to bring and conduct proceedings in relation to contraventions or possible contraventions of provisions of this Law, including offences against this Law;\n- (e) to bring and conduct, or conduct and defend, appeals from decisions in proceedings mentioned in paragraph (d) ;\n- (f) to conduct reviews of particular decisions made under this Law by the Regulator or authorised officers;\n- (g) to conduct and defend appeals from decisions on reviews mentioned in paragraph (f) ;\n- (h) to implement and manage an audit program for heavy vehicle accreditations granted under this Law;\n- (i) to monitor and review, and report to the responsible Ministers on, the operation of this Law, including, for example, monitoring, reviewing and reporting on— (i) the extent to which the object of this Law or particular aspects of this Law are being achieved; and (ii) the extent and nature of noncompliance with this Law; and (iii) the outcome of activities for monitoring and investigating compliance with this Law; and (iv) the effect of heavy vehicle accreditation on achieving the object of this Law or particular aspects of this Law; and (v) the effect of modifications to this Law as it applies in a particular participating jurisdiction on achieving the object of this Law or particular aspects of this Law;\n- (i) the extent to which the object of this Law or particular aspects 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 compliance with this Law; and\n- (iv) the effect of heavy vehicle accreditation on achieving the object of this Law or particular aspects of this Law; and\n- (v) the effect of modifications to this Law as it applies in a particular participating jurisdiction on achieving the object of this Law or particular aspects of this Law;\n- (j) to identify and promote best practice methods— (i) for complying with this Law; and (ii) for managing risks to public safety arising from the use of heavy vehicles on roads; and (iii) for the productive and efficient road transport of goods or passengers by heavy vehicles;\n- (i) for complying with this Law; and\n- (ii) for managing risks to public safety arising from the use of heavy vehicles on roads; and\n- (iii) for the productive and efficient road transport of goods or passengers by heavy vehicles;\n- (k) to encourage and promote safe and productive business practices of persons involved in the road transport of goods or passengers by heavy vehicles that do not compromise the object of this Law;\n- (ka) to provide advice, information and education to persons with duties or obligations under this Law about compliance with the duties or obligations;\n- (l) to work collaboratively with other law enforcement agencies to ensure a nationally consistent approach for enforcing contraventions of laws involving heavy vehicles;\n- (m) to work collaboratively with road managers, the National Transport Commission and industry bodies to ensure a wide understanding of the object of this Law or particular aspects of this Law, and encourage participation in achieving the object;\n- (n) the other functions conferred on it under this Law.\n- (i) the extent to which the object of this Law or particular aspects 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 compliance with this Law; and\n- (iv) the effect of heavy vehicle accreditation on achieving the object of this Law or particular aspects of this Law; and\n- (v) the effect of modifications to this Law as it applies in a particular participating jurisdiction on achieving the object of this Law or particular aspects of this Law;\n- (i) for complying with this Law; and\n- (ii) for managing risks to public safety arising from the use of heavy vehicles on roads; and\n- (iii) for the productive and efficient road transport of goods or passengers by heavy vehicles;","sortOrder":975},{"sectionNumber":"sec.660","sectionType":"section","heading":"Cooperation with participating jurisdictions and Commonwealth","content":"### sec.660 Cooperation with participating jurisdictions and Commonwealth\n\nThe Regulator may exercise any of its functions in cooperation with or with the assistance of a participating jurisdiction or the Commonwealth, including in cooperation with or with the assistance of a government agency of a participating jurisdiction or of the Commonwealth.\nIn particular, the Regulator may—\nask a government agency of a participating jurisdiction or the Commonwealth for information that the Regulator requires to exercise its functions under this Law; and\nuse the information provided to exercise its functions under this Law.\ngive information to a government agency of a participating jurisdiction or the Commonwealth that the agency requires to exercise its functions under a law of the participating jurisdiction or the Commonwealth.\nA government agency that receives a request for information under this section from the Regulator is authorised to give the information to the Regulator.\nA government agency that receives information under this section from the Regulator is authorised to use the information only to exercise its functions mentioned in subsection (2) (c) .\nsch s 660 ins 2013 No. 4 s 12\namd 2018 No. 10 s 38\n(sec.660-ssec.1) The Regulator may exercise any of its functions in cooperation with or with the assistance of a participating jurisdiction or the Commonwealth, including in cooperation with or with the assistance of a government agency of a participating jurisdiction or of the Commonwealth.\n(sec.660-ssec.2) In particular, the Regulator may— ask a government agency of a participating jurisdiction or the Commonwealth for information that the Regulator requires to exercise its functions under this Law; and use the information provided to exercise its functions under this Law. give information to a government agency of a participating jurisdiction or the Commonwealth that the agency requires to exercise its functions under a law of the participating jurisdiction or the Commonwealth.\n(sec.660-ssec.3) A government agency that receives a request for information under this section from the Regulator is authorised to give the information to the Regulator.\n(sec.660-ssec.4) A government agency that receives information under this section from the Regulator is authorised to use the information only to exercise its functions mentioned in subsection (2) (c) .\n- (a) ask a government agency of a participating jurisdiction or the Commonwealth for information that the Regulator requires to exercise its functions under this Law; and\n- (b) use the information provided to exercise its functions under this Law.\n- (c) give information to a government agency of a participating jurisdiction or the Commonwealth that the agency requires to exercise its functions under a law of the participating jurisdiction or the Commonwealth.","sortOrder":976},{"sectionNumber":"sec.661","sectionType":"section","heading":"Delegation","content":"### sec.661 Delegation\n\nThe Regulator may delegate any of its functions to—\nthe chief executive of an entity or a department of government of a participating jurisdiction or the Commonwealth; or\nthe chief executive officer or another member of the staff of the Regulator; or\na person engaged as a contractor by the Regulator; or\nany other person whom the Regulator considers is appropriately qualified to exercise the function.\nA delegation of a function may permit the subdelegation of the function to an appropriately qualified person.\nSee section 29 of Schedule 1 which provides for matters relating to the delegation and subdelegation of functions.\nsch s 661 ins 2013 No. 4 s 12\n(sec.661-ssec.1) The Regulator may delegate any of its functions to— the chief executive of an entity or a department of government of a participating jurisdiction or the Commonwealth; or the chief executive officer or another member of the staff of the Regulator; or a person engaged as a contractor by the Regulator; or any other person whom the Regulator considers is appropriately qualified to exercise the function.\n(sec.661-ssec.2) A delegation of a function may permit the subdelegation of the function to an appropriately qualified person. See section 29 of Schedule 1 which provides for matters relating to the delegation and subdelegation of functions.\n- (a) the chief executive of an entity or a department of government of a participating jurisdiction or the Commonwealth; or\n- (b) the chief executive officer or another member of the staff of the Regulator; or\n- (c) a person engaged as a contractor by the Regulator; or\n- (d) any other person whom the Regulator considers is appropriately qualified to exercise the function.","sortOrder":977},{"sectionNumber":"sch-inc-ch.12-pt.12.2-div.2","sectionType":"division","heading":"Governing board of Regulator","content":"## Governing board of Regulator","sortOrder":978},{"sectionNumber":"sec.662","sectionType":"section","heading":"Establishment of National Heavy Vehicle Regulator Board","content":"### sec.662 Establishment of National Heavy Vehicle Regulator Board\n\nThe Regulator has a governing board known as the National Heavy Vehicle Regulator Board.\nIt is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of the other participating jurisdictions, has the effect that the National Heavy Vehicle Regulator Board is one single national entity, with functions conferred by this Law as so applied.\nThe Board has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction.\nThe Board may exercise its functions in relation to—\none participating jurisdiction; or\n2 or more or all participating jurisdictions collectively.\nsch s 662 ins 2013 No. 4 s 12\n(sec.662-ssec.1) The Regulator has a governing board known as the National Heavy Vehicle Regulator Board.\n(sec.662-ssec.2) It is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of the other participating jurisdictions, has the effect that the National Heavy Vehicle Regulator Board is one single national entity, with functions conferred by this Law as so applied.\n(sec.662-ssec.3) The Board has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction.\n(sec.662-ssec.4) The Board may exercise its functions in relation to— one participating jurisdiction; or 2 or more or all participating jurisdictions collectively.\n- (a) one participating jurisdiction; or\n- (b) 2 or more or all participating jurisdictions collectively.","sortOrder":979},{"sectionNumber":"sec.663","sectionType":"section","heading":"Membership of Board","content":"### sec.663 Membership of Board\n\nThe Board consists of 5 members appointed by the Queensland Minister on the unanimous recommendation of the responsible Ministers.\nThe members of the Board must consist of—\nat least 1 member who has expertise in transportation policy; and\nat least 1 other member who has expertise in economics, law, accounting, social policy or education and training; and\nat least 1 other member who has experience in managing risks to public safety arising from the use of vehicles on roads; and\nat least 1 other member who has financial management skills, business skills, administrative expertise or other skills or experience the responsible Ministers believe is appropriate.\nOf the members of the Board, one is to be appointed by the Queensland Minister, on the unanimous recommendation of the responsible Ministers, as the Chairperson of the Board and another as the Deputy Chairperson.\nsch s 663 ins 2013 No. 4 s 12\namd 2025 No. 26 s 137 (uncommenced amendment)\n(sec.663-ssec.1) The Board consists of 5 members appointed by the Queensland Minister on the unanimous recommendation of the responsible Ministers.\n(sec.663-ssec.2) The members of the Board must consist of— at least 1 member who has expertise in transportation policy; and at least 1 other member who has expertise in economics, law, accounting, social policy or education and training; and at least 1 other member who has experience in managing risks to public safety arising from the use of vehicles on roads; and at least 1 other member who has financial management skills, business skills, administrative expertise or other skills or experience the responsible Ministers believe is appropriate.\n(sec.663-ssec.3) Of the members of the Board, one is to be appointed by the Queensland Minister, on the unanimous recommendation of the responsible Ministers, as the Chairperson of the Board and another as the Deputy Chairperson.\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, accounting, social policy or education and training; and\n- (c) at least 1 other member who has experience in managing risks to public safety arising from the use of vehicles on roads; and\n- (d) at least 1 other member who has financial management skills, business skills, administrative expertise or other skills or experience the responsible Ministers believe is appropriate.","sortOrder":980},{"sectionNumber":"sec.664","sectionType":"section","heading":"Functions of Board","content":"### sec.664 Functions of Board\n\nThe affairs of the Regulator are to be controlled by the Board.\nWithout limiting subsection (1) , the Board’s functions include the following—\nsubject to any directions of the responsible Ministers, deciding the policies of the Regulator;\nensuring the Regulator exercises its functions in a proper, effective and efficient way.\nAll acts and things done in the name of, or on behalf of, the Regulator by or with the authority of the Board are taken to have been done by the Regulator.\nThe Board has any other functions given to the Board under this Law.\nsch s 664 ins 2013 No. 4 s 12\n(sec.664-ssec.1) The affairs of the Regulator are to be controlled by the Board.\n(sec.664-ssec.2) Without limiting subsection (1) , the Board’s functions include the following— subject to any directions of the responsible Ministers, deciding the policies of the Regulator; ensuring the Regulator exercises its functions in a proper, effective and efficient way.\n(sec.664-ssec.3) All acts and things done in the name of, or on behalf of, the Regulator by or with the authority of the Board are taken to have been done by the Regulator.\n(sec.664-ssec.4) The Board has any other functions given to the Board under this Law.\n- (a) subject to any directions of the responsible Ministers, deciding the policies of the Regulator;\n- (b) ensuring the Regulator exercises its functions in a proper, effective and efficient way.","sortOrder":981},{"sectionNumber":"sec.665","sectionType":"section","heading":"Terms of office of members","content":"### sec.665 Terms of office of members\n\nSubject to this Division, a member of the Board holds office for the period, not more than 3 years, specified in the member’s instrument of appointment.\nIf otherwise qualified, a member of the Board is eligible for reappointment.\nsch s 665 ins 2013 No. 4 s 12\namd 2025 No. 26 s 138 (uncommenced amendment)\n(sec.665-ssec.1) Subject to this Division, a member of the Board holds office for the period, not more than 3 years, specified in the member’s instrument of appointment.\n(sec.665-ssec.2) If otherwise qualified, a member of the Board is eligible for reappointment.","sortOrder":982},{"sectionNumber":"sec.666","sectionType":"section","heading":"Remuneration","content":"### sec.666 Remuneration\n\nA member of the Board is entitled to be paid the remuneration and allowances decided by the responsible Ministers from time to time.\nsch s 666 sub 2013 No. 4 s 12","sortOrder":983},{"sectionNumber":"sec.667","sectionType":"section","heading":"Vacancy in office of member","content":"### sec.667 Vacancy in office of member\n\nThe office of a member of the Board becomes vacant if the member—\ncompletes a term of office; or\nresigns the office by signed notice given to the responsible Ministers; or\nhas been found guilty of an offence, whether in a participating jurisdiction or elsewhere, that the responsible Ministers consider renders the member unfit to continue to hold the office of member; or\nbecomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration for their benefit; or\nis absent, without leave first being granted by the relevant entity, from 3 or more consecutive meetings of the Board of which reasonable notice has been given to the member personally or by post; or\nis removed from office by the Queensland Minister under this section; or\ndies.\nThe Queensland Minister may remove a member of the Board from office if the responsible Ministers recommend the removal of the member on the basis that the member has engaged in misconduct or has failed to or is unable to properly exercise the member’s functions as a member of the Board.\nIn this section—\nrelevant entity means—\nfor a member who is the Chairperson of the Board—the responsible Ministers; or\nfor another member—the Chairperson of the Board.\nsch s 667 sub 2013 No. 4 s 12\namd 2025 No. 26 s 139 (uncommenced amendment)\n(sec.667-ssec.1) The office of a member of the Board becomes vacant if the member— completes a term of office; or resigns the office by signed notice given to the responsible Ministers; or has been found guilty of an offence, whether in a participating jurisdiction or elsewhere, that the responsible Ministers consider renders the member unfit to continue to hold the office of member; or becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration for their benefit; or is absent, without leave first being granted by the relevant entity, from 3 or more consecutive meetings of the Board of which reasonable notice has been given to the member personally or by post; or is removed from office by the Queensland Minister under this section; or dies.\n(sec.667-ssec.2) The Queensland Minister may remove a member of the Board from office if the responsible Ministers recommend the removal of the member on the basis that the member has engaged in misconduct or has failed to or is unable to properly exercise the member’s functions as a member of the Board.\n(sec.667-ssec.3) In this section— relevant entity means— for a member who is the Chairperson of the Board—the responsible Ministers; or for another member—the Chairperson of the Board.\n- (a) completes a term of office; or\n- (b) resigns the office by signed notice given to the responsible Ministers; or\n- (c) has been found guilty of an offence, whether in a participating jurisdiction or elsewhere, that the responsible Ministers consider renders the member unfit to continue to hold the office of member; or\n- (d) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration for their benefit; or\n- (e) is absent, without leave first being granted by the relevant entity, from 3 or more consecutive meetings of the Board of which reasonable notice has been given to the member personally or by post; or\n- (f) is removed from office by the Queensland Minister under this section; or\n- (g) dies.\n- (a) for a member who is the Chairperson of the Board—the responsible Ministers; or\n- (b) for another member—the Chairperson of the Board.","sortOrder":984},{"sectionNumber":"sec.668","sectionType":"section","heading":"Board member to give responsible Ministers notice of certain events","content":"### sec.668 Board member to give responsible Ministers notice of certain events\n\nA member of the Board must, within 7 days of either of the following events occurring, give the responsible Ministers notice of the event—\nthe member is convicted of an offence;\nthe member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration for their benefit.\nsch s 668 sub 2013 No. 4 s 12\n- (a) the member is convicted of an offence;\n- (b) the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration for their benefit.","sortOrder":985},{"sectionNumber":"sec.669","sectionType":"section","heading":"Extension of term of office during vacancy in membership","content":"### sec.669 Extension of term of office during vacancy in membership\n\nIf the office of a member of the Board becomes vacant because the member has completed the member’s term of office, the member is taken to continue to be a member during that vacancy until the date on which the vacancy is filled, whether by re-appointment of the member or appointment of a successor to the member.\nHowever, this section ceases to apply to the member if—\nthe member resigns the member’s office by signed notice given to the responsible Ministers; or\nthe responsible Ministers decide the services of the member are no longer required.\nThe maximum period for which a member of the Board is taken to continue to be a member under this section after completion of the member’s term of office is 6 months.\nsch s 669 ins 2013 No. 4 s 12\n(sec.669-ssec.1) If the office of a member of the Board becomes vacant because the member has completed the member’s term of office, the member is taken to continue to be a member during that vacancy until the date on which the vacancy is filled, whether by re-appointment of the member or appointment of a successor to the member.\n(sec.669-ssec.2) However, this section ceases to apply to the member if— the member resigns the member’s office by signed notice given to the responsible Ministers; or the responsible Ministers decide the services of the member are no longer required.\n(sec.669-ssec.3) The maximum period for which a member of the Board is taken to continue to be a member under this section after completion of the member’s term of office is 6 months.\n- (a) the member resigns the member’s office by signed notice given to the responsible Ministers; or\n- (b) the responsible Ministers decide the services of the member are no longer required.","sortOrder":986},{"sectionNumber":"sec.670","sectionType":"section","heading":"Members to act in public interest","content":"### sec.670 Members to act in public interest\n\nA member of the Board is to act impartially and in the public interest in the exercise of the member’s functions as a member.\nsch s 670 ins 2013 No. 4 s 12","sortOrder":987},{"sectionNumber":"sec.671","sectionType":"section","heading":"Disclosure of conflict of interest","content":"### sec.671 Disclosure of conflict of interest\n\nIf a member of the Board has a direct or indirect pecuniary or other interest that conflicts or may conflict with the exercise of the member’s functions as a member, the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the member’s interest and the conflict to—\nfor a member who is the Chairperson of the Board—the responsible Ministers; or\nfor another member—the Chairperson of the Board.\nIf a disclosure is made under subsection (1) , the entity to whom the disclosure is made must notify the Board of the disclosure.\nParticulars of any disclosure made under subsection (1) must be recorded by the Board in a register of interests kept for the purpose.\nAfter a member of the Board has disclosed the nature of an interest and conflict or potential conflict under subsection (1) , the member must not be present during any deliberation of the Board with respect to any matter that is, or may be, affected by the conflict, or take part in any decision of the Board with respect to any matter that is, or may be, affected by the conflict, unless—\nfor a member who is the Chairperson of the Board, the responsible Ministers otherwise decide; or\nfor another member, the Board otherwise decides.\nFor the purposes of the making of a decision by the Board under subsection (4) in relation to a matter, a member of the Board who has a direct or indirect pecuniary or other interest that conflicts or may conflict with the exercise of the member’s functions as a member with respect to the matter must not—\nbe present during any deliberation of the Board for the purpose of making the decision; or\ntake part in the making of the decision by the Board.\nA contravention of this section does not invalidate any decision of the Board but if the Board becomes aware a member of the Board contravened this section, the Board must reconsider any decision made by the Board in which the member took part in contravention of this section.\nsch s 671 ins 2013 No. 4 s 12\n(sec.671-ssec.1) If a member of the Board has a direct or indirect pecuniary or other interest that conflicts or may conflict with the exercise of the member’s functions as a member, the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the member’s interest and the conflict to— for a member who is the Chairperson of the Board—the responsible Ministers; or for another member—the Chairperson of the Board.\n(sec.671-ssec.2) If a disclosure is made under subsection (1) , the entity to whom the disclosure is made must notify the Board of the disclosure.\n(sec.671-ssec.3) Particulars of any disclosure made under subsection (1) must be recorded by the Board in a register of interests kept for the purpose.\n(sec.671-ssec.4) After a member of the Board has disclosed the nature of an interest and conflict or potential conflict under subsection (1) , the member must not be present during any deliberation of the Board with respect to any matter that is, or may be, affected by the conflict, or take part in any decision of the Board with respect to any matter that is, or may be, affected by the conflict, unless— for a member who is the Chairperson of the Board, the responsible Ministers otherwise decide; or for another member, the Board otherwise decides.\n(sec.671-ssec.5) For the purposes of the making of a decision by the Board under subsection (4) in relation to a matter, a member of the Board who has a direct or indirect pecuniary or other interest that conflicts or may conflict with the exercise of the member’s functions as a member with respect to the matter must not— be present during any deliberation of the Board for the purpose of making the decision; or take part in the making of the decision by the Board.\n(sec.671-ssec.6) A contravention of this section does not invalidate any decision of the Board but if the Board becomes aware a member of the Board contravened this section, the Board must reconsider any decision made by the Board in which the member took part in contravention of this section.\n- (a) for a member who is the Chairperson of the Board—the responsible Ministers; or\n- (b) for another member—the Chairperson of the Board.\n- (a) for a member who is the Chairperson of the Board, the responsible Ministers otherwise decide; or\n- (b) for another member, the Board otherwise decides.\n- (a) be present during any deliberation of the Board for the purpose of making the decision; or\n- (b) take part in the making of the decision by the Board.","sortOrder":988},{"sectionNumber":"sec.672","sectionType":"section","heading":"General procedure","content":"### sec.672 General procedure\n\nThe procedure for the calling of meetings of the Board and for the conduct of business at the meetings is, subject to this Law, to be decided by the Board.\nWithout limiting subsection (1) , the Chairperson of the Board—\nmay at any time call a meeting of the Board; and\nmust call a meeting if asked, in writing, by at least 3 other members of the Board.\nsch s 672 ins 2013 No. 4 s 12\n(sec.672-ssec.1) The procedure for the calling of meetings of the Board and for the conduct of business at the meetings is, subject to this Law, to be decided by the Board.\n(sec.672-ssec.2) Without limiting subsection (1) , the Chairperson of the Board— may at any time call a meeting of the Board; and must call a meeting if asked, in writing, by at least 3 other members 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 members of the Board.","sortOrder":989},{"sectionNumber":"sec.673","sectionType":"section","heading":"Quorum","content":"### sec.673 Quorum\n\nThe quorum for a meeting of the Board is a majority of its members.\nsch s 673 ins 2013 No. 4 s 12","sortOrder":990},{"sectionNumber":"sec.674","sectionType":"section","heading":"Chief executive officer may attend meetings","content":"### sec.674 Chief executive officer may attend meetings\n\nThe chief executive officer of the Regulator may attend meetings of the Board and participate in discussions of the Board.\nHowever, the chief executive officer—\nmust, as soon as possible after becoming aware that the chief executive officer has a direct personal interest in a matter to be considered by the Board, disclose the interest to the Chairperson of the Board; and\nis not entitled to be present during the consideration by the Board of any matter in which the chief executive officer has a direct personal interest; and\nis not entitled to vote at a meeting.\nsch s 674 ins 2013 No. 4 s 12\n(sec.674-ssec.1) The chief executive officer of the Regulator may attend meetings of the Board and participate in discussions of the Board.\n(sec.674-ssec.2) However, the chief executive officer— must, as soon as possible after becoming aware that the chief executive officer has a direct personal interest in a matter to be considered by the Board, disclose the interest to the Chairperson of the Board; and is not entitled to be present during the consideration by the Board of any matter in which the chief executive officer has a direct personal interest; and is not entitled to vote at a meeting.\n- (a) must, as soon as possible after becoming aware that the chief executive officer has a direct personal interest in a matter to be considered by the Board, disclose the interest to the Chairperson of the Board; and\n- (b) is not entitled to be present during the consideration by the Board of any matter in which the chief executive officer has a direct personal interest; and\n- (c) is not entitled to vote at a meeting.","sortOrder":991},{"sectionNumber":"sec.675","sectionType":"section","heading":"Presiding member","content":"### sec.675 Presiding member\n\nThe Chairperson of the Board is to preside at a meeting of the Board.\nHowever, in the absence of the Chairperson of the Board the following person is to preside at a meeting of the Board—\nif the Deputy Chairperson of the Board is present at the meeting, the Deputy Chairperson;\notherwise, a person elected by the members of the Board who are present at the meeting.\nThe presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.\nsch s 675 ins 2013 No. 4 s 12\n(sec.675-ssec.1) The Chairperson of the Board is to preside at a meeting of the Board.\n(sec.675-ssec.2) However, in the absence of the Chairperson of the Board the following person is to preside at a meeting of the Board— if the Deputy Chairperson of the Board is present at the meeting, the Deputy Chairperson; otherwise, a person elected by the members of the Board who are present at the meeting.\n(sec.675-ssec.3) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.\n- (a) if the Deputy Chairperson of the Board is present at the meeting, the Deputy Chairperson;\n- (b) otherwise, a person elected by the members of the Board who are present at the meeting.","sortOrder":992},{"sectionNumber":"sec.676","sectionType":"section","heading":"Voting","content":"### sec.676 Voting\n\nA decision supported by a majority of the votes cast at a meeting of the Board at which a quorum is present is the decision of the Board.\nsch s 676 ins 2013 No. 4 s 12","sortOrder":993},{"sectionNumber":"sec.677","sectionType":"section","heading":"Minutes","content":"### sec.677 Minutes\n\nThe Chairperson or other member of the Board presiding at a meeting of the Board must ensure minutes of the meeting are taken.\nsch s 677 ins 2013 No. 4 s 12","sortOrder":994},{"sectionNumber":"sec.678","sectionType":"section","heading":"First meeting","content":"### sec.678 First meeting\n\nThe Chairperson of the Board may call the first meeting of the Board in any way the Chairperson thinks fit.\nsch s 678 ins 2013 No. 4 s 12","sortOrder":995},{"sectionNumber":"sec.679","sectionType":"section","heading":"Defects in appointment of members","content":"### sec.679 Defects in appointment of members\n\nA decision of the Board is not invalidated by any defect or irregularity in the appointment of any member of the Board.\nsch s 679 sub 2013 No. 4 s 12","sortOrder":996},{"sectionNumber":"sec.680","sectionType":"section","heading":"Committees","content":"### sec.680 Committees\n\nThe Board may establish committees to assist the Board in exercising its functions.\nThe members of a committee need not be members of the Board.\nA member of a committee is appointed on the terms and conditions the Board considers appropriate, including terms about remuneration.\nThe procedure for the calling of meetings of a committee and for the conduct of business at the meetings may be decided by the Board or, subject to any decision of the Board, by the committee.\nsch s 680 sub 2013 No. 4 s 12\n(sec.680-ssec.1) The Board may establish committees to assist the Board in exercising its functions.\n(sec.680-ssec.2) The members of a committee need not be members of the Board.\n(sec.680-ssec.3) A member of a committee is appointed on the terms and conditions the Board considers appropriate, including terms about remuneration.\n(sec.680-ssec.4) The procedure for the calling of meetings of a committee and for the conduct of business at the meetings may be decided by the Board or, subject to any decision of the Board, by the committee.","sortOrder":997},{"sectionNumber":"sch-inc-ch.12-pt.12.2-div.3","sectionType":"division","heading":"Chief executive officer","content":"## Chief executive officer","sortOrder":998},{"sectionNumber":"sec.681","sectionType":"section","heading":"Chief executive officer","content":"### sec.681 Chief executive officer\n\nThere is to be a chief executive officer of the Regulator.\nThe chief executive officer is to be appointed by the Board.\nThe chief executive officer is to be appointed for a period, not more than 5 years, specified in the officer’s instrument of appointment.\nThe chief executive officer is eligible for re-appointment.\nThe chief executive officer is taken, while holding that office, to be a member of the staff of the Regulator.\nsch s 681 ins 2013 No. 4 s 12\n(sec.681-ssec.1) There is to be a chief executive officer of the Regulator.\n(sec.681-ssec.2) The chief executive officer is to be appointed by the Board.\n(sec.681-ssec.3) The chief executive officer is to be appointed for a period, not more than 5 years, specified in the officer’s instrument of appointment.\n(sec.681-ssec.4) The chief executive officer is eligible for re-appointment.\n(sec.681-ssec.5) The chief executive officer is taken, while holding that office, to be a member of the staff of the Regulator.","sortOrder":999},{"sectionNumber":"sec.682","sectionType":"section","heading":"Functions of chief executive officer","content":"### sec.682 Functions of chief executive officer\n\nThe chief executive officer of the Regulator—\nis responsible for the day-to-day management of the Regulator; and\nhas any other functions conferred on the chief executive officer by the Board.\nsch s 682 ins 2013 No. 4 s 12\n- (a) is responsible for the day-to-day management of the Regulator; and\n- (b) has any other functions conferred on the chief executive officer by the Board.","sortOrder":1000},{"sectionNumber":"sec.683","sectionType":"section","heading":"Delegation by chief executive officer","content":"### sec.683 Delegation by chief executive officer\n\nThe chief executive officer of the Regulator may delegate any of the functions conferred on the officer, other than this power of delegation, to—\nan appropriately qualified member of the staff of the Regulator; or\nthe chief executive of an entity, or a department of government, of a participating jurisdiction.\nsch s 683 ins 2013 No. 4 s 12\n- (a) an appropriately qualified member of the staff of the Regulator; or\n- (b) the chief executive of an entity, or a department of government, of a participating jurisdiction.","sortOrder":1001},{"sectionNumber":"sch-inc-ch.12-pt.12.2-div.4","sectionType":"division","heading":"Staff","content":"## Staff","sortOrder":1002},{"sectionNumber":"sec.684","sectionType":"section","heading":"Staff","content":"### sec.684 Staff\n\nThe Regulator may, for the purpose of exercising its functions, employ staff.\nThe staff of the Regulator are to be employed on the terms and conditions decided by the Regulator from time to time.\nSubsection (2) is subject to any relevant industrial award or agreement that applies to the staff.\nsch s 684 ins 2013 No. 4 s 12\n(sec.684-ssec.1) The Regulator may, for the purpose of exercising its functions, employ staff.\n(sec.684-ssec.2) The staff of the Regulator are to be employed on the terms and conditions decided by the Regulator from time to time.\n(sec.684-ssec.3) Subsection (2) is subject to any relevant industrial award or agreement that applies to the staff.","sortOrder":1003},{"sectionNumber":"sec.685","sectionType":"section","heading":"Staff seconded to Regulator","content":"### sec.685 Staff seconded to Regulator\n\nThe Regulator may make arrangements for the services of any of the following persons to be made available to the Regulator in connection with the exercise of its functions—\na member of the staff of a government agency of the Commonwealth, a State or a Territory;\na member of the staff of a local government authority.\nsch s 685 ins 2013 No. 4 s 12\n- (a) a member of the staff of a government agency of the Commonwealth, a State or a Territory;\n- (b) a member of the staff of a local government authority.","sortOrder":1004},{"sectionNumber":"sec.686","sectionType":"section","heading":"Consultants and contractors","content":"### sec.686 Consultants and contractors\n\nThe Regulator may engage persons with suitable qualifications and experience as consultants or contractors.\nThe terms and conditions of engagement of consultants or contractors are as decided by the Regulator from time to time.\nsch s 686 ins 2013 No. 4 s 12\n(sec.686-ssec.1) The Regulator may engage persons with suitable qualifications and experience as consultants or contractors.\n(sec.686-ssec.2) The terms and conditions of engagement of consultants or contractors are as decided by the Regulator from time to time.","sortOrder":1005},{"sectionNumber":"sch-inc-ch.12-pt.12.2A","sectionType":"part","heading":"Database of heavy vehicles","content":"# Database of heavy vehicles","sortOrder":1006},{"sectionNumber":"sec.686A","sectionType":"section","heading":"Database of heavy vehicles","content":"### sec.686A Database of heavy vehicles\n\nThe Regulator must keep a database of heavy vehicles that enables the identification of a heavy vehicle registered under a law of a participating jurisdiction and the registered operator of the vehicle.\nThe database of heavy vehicles must—\nbe kept in the way prescribed by the national regulations; and\ncontain the information prescribed by the national regulations.\nThe Regulator may include in the database of heavy vehicles other information the Regulator considers relevant to the objects of this Law, including information given by another Australian jurisdiction to the Regulator.\nThe Regulator may require a registration authority that registers a heavy vehicle under a law of a participating jurisdiction to give the Regulator the information prescribed under subsection (2) (b) as soon as reasonably practicable after the registration authority receives the information.\nIf the registration authority becomes aware of a change to the information given to the Regulator under subsection (4) , the registration authority must, as soon as reasonably practicable after becoming aware of the change, notify the Regulator of the change.\nsch s 686A ins 2018 No. 10 s 39\n(sec.686A-ssec.1) The Regulator must keep a database of heavy vehicles that enables the identification of a heavy vehicle registered under a law of a participating jurisdiction and the registered operator of the vehicle.\n(sec.686A-ssec.2) The database of heavy vehicles must— be kept in the way prescribed by the national regulations; and contain the information prescribed by the national regulations.\n(sec.686A-ssec.3) The Regulator may include in the database of heavy vehicles other information the Regulator considers relevant to the objects of this Law, including information given by another Australian jurisdiction to the Regulator.\n(sec.686A-ssec.4) The Regulator may require a registration authority that registers a heavy vehicle under a law of a participating jurisdiction to give the Regulator the information prescribed under subsection (2) (b) as soon as reasonably practicable after the registration authority receives the information.\n(sec.686A-ssec.5) If the registration authority becomes aware of a change to the information given to the Regulator under subsection (4) , the registration authority must, as soon as reasonably practicable after becoming aware of the change, notify the Regulator of the change.\n- (a) be kept in the way prescribed by the national regulations; and\n- (b) contain the information prescribed by the national regulations.","sortOrder":1007},{"sectionNumber":"sec.686B","sectionType":"section","heading":"Regulator may share information in database of heavy vehicles","content":"### sec.686B Regulator may share information in database of heavy vehicles\n\nThe Regulator may give information included in the database of heavy vehicles to—\na registration authority for a participating jurisdiction or another Australian jurisdiction; or\na police force or police service for a participating jurisdiction or another Australian jurisdiction.\nsch s 686B ins 2018 No. 10 s 39\n- (a) a registration authority for a participating jurisdiction or another Australian jurisdiction; or\n- (b) a police force or police service for a participating jurisdiction or another Australian jurisdiction.","sortOrder":1008},{"sectionNumber":"sch-inc-ch.12-pt.12.3","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":1009},{"sectionNumber":"sch-inc-ch.12-pt.12.3-div.1","sectionType":"division","heading":"Finance","content":"## Finance","sortOrder":1010},{"sectionNumber":"sec.687","sectionType":"section","heading":"National Heavy Vehicle Regulator Fund","content":"### sec.687 National Heavy Vehicle Regulator Fund\n\nThe National Heavy Vehicle Regulator Fund is established.\nThe Fund is to be administered by the Regulator.\nThe Regulator may establish accounts with any financial institution for money in the Fund.\nThe Fund does not form part of the consolidated fund or consolidated account (however described) of a participating jurisdiction or the Commonwealth.\nsch s 687 ins 2013 No. 4 s 12\n(sec.687-ssec.1) The National Heavy Vehicle Regulator Fund is established.\n(sec.687-ssec.2) The Fund is to be administered by the Regulator.\n(sec.687-ssec.3) The Regulator may establish accounts with any financial institution for money in the Fund.\n(sec.687-ssec.4) The Fund does not form part of the consolidated fund or consolidated account (however described) of a participating jurisdiction or the Commonwealth.","sortOrder":1011},{"sectionNumber":"sec.688","sectionType":"section","heading":"Payments into Fund","content":"### sec.688 Payments into Fund\n\nThere is payable into the Fund (except as provided by subsection (2) )—\nall money appropriated by the Parliament of any participating jurisdiction or the Commonwealth for the purposes of the Fund; and\nall fees, charges, costs and expenses paid to or recovered by the Regulator under this Law; and\nthe proceeds of the investment of money in the Fund; and\nall grants, gifts and donations made to the Regulator, but subject to any trusts declared in relation to the grants, gifts or donations; and\nall money directed or authorised to be paid into the Fund under this Law, any law of a participating jurisdiction or any law of the Commonwealth; and\nany other money or property received by the Regulator in connection with the exercise of its functions; and\nany money paid to the Regulator for the provision of services to a State or Territory under an agreement mentioned in section 658 (2) (b) .\nMoney that is received by the Regulator under an agreement mentioned in section 658 (2) (b) and that is payable to another entity under the agreement is not payable into the Fund.\nsch s 688 ins 2013 No. 4 s 12\namd 2018 No. 10 s 40\n(sec.688-ssec.1) There is payable into the Fund (except as provided by subsection (2) )— all money appropriated by the Parliament of any participating jurisdiction or the Commonwealth for the purposes of the Fund; and all fees, charges, costs and expenses paid to or recovered by the Regulator under this Law; and the proceeds of the investment of money in the Fund; and all grants, gifts and donations made to the Regulator, but subject to any trusts declared in relation to the grants, gifts or donations; and all money directed or authorised to be paid into the Fund under this Law, any law of a participating jurisdiction or any law of the Commonwealth; and any other money or property received by the Regulator in connection with the exercise of its functions; and any money paid to the Regulator for the provision of services to a State or Territory under an agreement mentioned in section 658 (2) (b) .\n(sec.688-ssec.2) Money that is received by the Regulator under an agreement mentioned in section 658 (2) (b) and that is payable to another entity under the agreement is not payable into the Fund.\n- (a) all money appropriated by the Parliament of any participating jurisdiction or the Commonwealth for the purposes of the Fund; and\n- (b) all fees, charges, costs and expenses paid to or recovered by the Regulator 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 to any trusts declared in relation to the grants, gifts or donations; and\n- (e) all money directed or authorised to be paid into the Fund under this Law, any law of a participating jurisdiction or any law of the Commonwealth; and\n- (f) any other money or property received by the Regulator in connection with the exercise of its functions; and\n- (g) any money paid to the Regulator for the provision of services to a State or Territory under an agreement mentioned in section 658 (2) (b) .","sortOrder":1012},{"sectionNumber":"sec.689","sectionType":"section","heading":"Payments out of Fund","content":"### sec.689 Payments out of Fund\n\nPayments may be made from the Fund for the purpose of—\npaying any costs or expenses, or discharging any liabilities, incurred in the administration or enforcement of this Law, including, for example, payments made to a State or Territory for the provision of services under an agreement mentioned in section 658 (2) (a) ; and\npaying any money directed or authorised to be paid out of the Fund under this Law; and\nmaking any other payments recommended by the Regulator and approved by the responsible Ministers.\nsch s 689 ins 2013 No. 4 s 12\n- (a) paying any costs or expenses, or discharging any liabilities, incurred in the administration or enforcement of this Law, including, for example, payments made to a State or Territory for the provision of services under an agreement mentioned in section 658 (2) (a) ; and\n- (b) paying any money directed or authorised to be paid out of the Fund under this Law; and\n- (c) making any other payments recommended by the Regulator and approved by the responsible Ministers.","sortOrder":1013},{"sectionNumber":"sec.690","sectionType":"section","heading":"Investment by Regulator","content":"### sec.690 Investment by Regulator\n\nThe Regulator must invest its funds in a way that is secure and provides a low risk so that the Regulator’s exposure to the loss of funds is minimised.\nThe Regulator must keep records that show it has invested in a way that complies with subsection (1) .\nsch s 690 ins 2013 No. 4 s 12\n(sec.690-ssec.1) The Regulator must invest its funds in a way that is secure and provides a low risk so that the Regulator’s exposure to the loss of funds is minimised.\n(sec.690-ssec.2) The Regulator must keep records that show it has invested in a way that complies with subsection (1) .","sortOrder":1014},{"sectionNumber":"sec.691","sectionType":"section","heading":"Financial management duties of Regulator","content":"### sec.691 Financial management duties of Regulator\n\nThe Regulator must—\nensure its operations are carried out efficiently, effectively and economically; and\nkeep proper books and records in relation to the Fund and other money received by the Regulator; and\nensure expenditure is made from the Fund for lawful purposes only and, as far as possible, that reasonable value is obtained for money expended from the Fund; and\nensure its procedures, including internal control procedures, afford adequate safeguards with respect to—\nthe correctness, regularity and propriety of payments made from the Fund; and\nreceiving and accounting for payments made to the Fund; and\nprevention of fraud or mistake; and\ntake any action necessary to ensure the preparation of accurate financial statements in accordance with Australian Accounting Standards for inclusion in its annual report; and\ntake any action necessary to facilitate the audit of the financial statements under this Law; and\narrange for any further audit by a qualified person of the books and records kept by the Regulator if directed to do so by the responsible Ministers.\nsch s 691 ins 2013 No. 4 s 12\n- (a) ensure its operations are carried out efficiently, effectively and economically; and\n- (b) keep proper books and records in relation to the Fund and other money received by the Regulator; and\n- (c) ensure expenditure is made from the Fund for lawful purposes only and, as far as possible, that reasonable value is obtained for money expended from the Fund; and\n- (d) ensure its procedures, including internal control procedures, afford adequate safeguards with respect to— (i) the correctness, regularity and propriety of payments made from the Fund; and (ii) receiving and accounting for payments made to the Fund; and (iii) prevention of fraud or mistake; and\n- (i) the correctness, regularity and propriety of payments made from the Fund; and\n- (ii) receiving and accounting for payments made to the Fund; and\n- (iii) prevention of fraud or mistake; and\n- (e) take any action necessary to ensure the preparation of accurate financial statements in accordance with Australian Accounting Standards for inclusion in its annual report; and\n- (f) take any action necessary to facilitate the audit of the financial statements under this Law; and\n- (g) arrange for any further audit by a qualified person of the books and records kept by the Regulator if directed to do so by the responsible Ministers.\n- (i) the correctness, regularity and propriety of payments made from the Fund; and\n- (ii) receiving and accounting for payments made to the Fund; and\n- (iii) prevention of fraud or mistake; and","sortOrder":1015},{"sectionNumber":"sec.692","sectionType":"section","heading":"Amounts payable to other entities","content":"### sec.692 Amounts payable to other entities\n\nThe Regulator may establish accounts with any financial institution for money referred to in section 688 (2) , pending payment of the money to States, Territories or other entities entitled to receive it under—\napplicable agreements mentioned in section 658 (2) (b) ; or\narrangements approved by the responsible Ministers, to the extent applicable agreements do not make provision for payment.\nMoney in an account established under this section does not form part of the consolidated fund or consolidated account (however described) of a participating jurisdiction or the Commonwealth.\nsch s 692 ins 2013 No. 4 s 12\n(sec.692-ssec.1) The Regulator may establish accounts with any financial institution for money referred to in section 688 (2) , pending payment of the money to States, Territories or other entities entitled to receive it under— applicable agreements mentioned in section 658 (2) (b) ; or arrangements approved by the responsible Ministers, to the extent applicable agreements do not make provision for payment.\n(sec.692-ssec.2) Money in an account established under this section does not form part of the consolidated fund or consolidated account (however described) of a participating jurisdiction or the Commonwealth.\n- (a) applicable agreements mentioned in section 658 (2) (b) ; or\n- (b) arrangements approved by the responsible Ministers, to the extent applicable agreements do not make provision for payment.","sortOrder":1016},{"sectionNumber":"sch-inc-ch.12-pt.12.3-div.2","sectionType":"division","heading":"Reporting and planning arrangements","content":"## Reporting and planning arrangements","sortOrder":1017},{"sectionNumber":"sec.693","sectionType":"section","heading":"Annual report","content":"### sec.693 Annual report\n\nThe Regulator must, within 3 months after the end of each financial year, give the responsible Ministers an annual report for the financial year.\nThe annual report must—\ninclude for the period to which the report relates—\nthe financial statements that have been audited by an auditor decided by the responsible Ministers; and\na statement of actual performance measured against the National Performance Measures (Standards and Indicators) outlined in the current corporate plan under section 695 ; and\na statement of exceptions where the National Performance Measures (Standards and Indicators) were not achieved, including a statement of issues that impacted on the achievement of the measures; and\na statement of trend analysis relating to performance measured against the National Performance Measures (Standards and Indicators); and\na statement of the outcome of consultation strategies and activities, including a summary of industry comments; and\na statement of the achievements attained in implementing, and the challenges encountered in implementing, the Regulator’s objectives stated in the current corporate plan; and\na statement of the achievements attained in the exercise of the Regulator’s functions; and\na statement of arrangements in place to secure collaboration with State and Territory agencies and the effectiveness of those arrangements; and\na statement indicating the nature of any reports requested by the responsible Ministers under section 694 ; and\nother matters required by the national regulations; and\nbe prepared in the way required by the national regulations.\nWithout limiting subsection (2) (b) , the national regulations may provide—\nthat the financial statements are to be prepared in accordance with Australian Accounting Standards; and\nfor the auditing of the financial statements.\nThe responsible Ministers are to make arrangements for the tabling of the Regulator’s annual report in each House of the Parliament of each participating jurisdiction and of the Commonwealth.\nAs soon as practicable after the annual report has been tabled in at least one House of the Parliament of a participating jurisdiction, the Regulator must publish a copy of the report on the Regulator’s website.\nsch s 693 ins 2013 No. 4 s 12\n(sec.693-ssec.1) The Regulator must, within 3 months after the end of each financial year, give the responsible Ministers an annual report for the financial year.\n(sec.693-ssec.2) The annual report must— include for the period to which the report relates— the financial statements that have been audited by an auditor decided by the responsible Ministers; and a statement of actual performance measured against the National Performance Measures (Standards and Indicators) outlined in the current corporate plan under section 695 ; and a statement of exceptions where the National Performance Measures (Standards and Indicators) were not achieved, including a statement of issues that impacted on the achievement of the measures; and a statement of trend analysis relating to performance measured against the National Performance Measures (Standards and Indicators); and a statement of the outcome of consultation strategies and activities, including a summary of industry comments; and a statement of the achievements attained in implementing, and the challenges encountered in implementing, the Regulator’s objectives stated in the current corporate plan; and a statement of the achievements attained in the exercise of the Regulator’s functions; and a statement of arrangements in place to secure collaboration with State and Territory agencies and the effectiveness of those arrangements; and a statement indicating the nature of any reports requested by the responsible Ministers under section 694 ; and other matters required by the national regulations; and be prepared in the way required by the national regulations.\n(sec.693-ssec.3) Without limiting subsection (2) (b) , the national regulations may provide— that the financial statements are to be prepared in accordance with Australian Accounting Standards; and for the auditing of the financial statements.\n(sec.693-ssec.4) The responsible Ministers are to make arrangements for the tabling of the Regulator’s annual report in each House of the Parliament of each participating jurisdiction and of the Commonwealth.\n(sec.693-ssec.5) As soon as practicable after the annual report has been tabled in at least one House of the Parliament of a participating jurisdiction, the Regulator must publish a copy of the report on the Regulator’s website.\n- (a) include for the period to which the report relates— (i) the financial statements that have been audited by an auditor decided by the responsible Ministers; and (ii) a statement of actual performance measured against the National Performance Measures (Standards and Indicators) outlined in the current corporate plan under section 695 ; and (iii) a statement of exceptions where the National Performance Measures (Standards and Indicators) were not achieved, including a statement of issues that impacted on the achievement of the measures; and (iv) a statement of trend analysis relating to performance measured against the National Performance Measures (Standards and Indicators); and (v) a statement of the outcome of consultation strategies and activities, including a summary of industry comments; and (vi) a statement of the achievements attained in implementing, and the challenges encountered in implementing, the Regulator’s objectives stated in the current corporate plan; and (vii) a statement of the achievements attained in the exercise of the Regulator’s functions; and (viii) a statement of arrangements in place to secure collaboration with State and Territory agencies and the effectiveness of those arrangements; and (ix) a statement indicating the nature of any reports requested by the responsible Ministers under section 694 ; and (x) other matters required by the national regulations; and\n- (i) the financial statements that have been audited by an auditor decided by the responsible Ministers; and\n- (ii) a statement of actual performance measured against the National Performance Measures (Standards and Indicators) outlined in the current corporate plan under section 695 ; and\n- (iii) a statement of exceptions where the National Performance Measures (Standards and Indicators) were not achieved, including a statement of issues that impacted on the achievement of the measures; and\n- (iv) a statement of trend analysis relating to performance measured against the National Performance Measures (Standards and Indicators); and\n- (v) a statement of the outcome of consultation strategies and activities, including a summary of industry comments; and\n- (vi) a statement of the achievements attained in implementing, and the challenges encountered in implementing, the Regulator’s objectives stated in the current corporate plan; and\n- (vii) a statement of the achievements attained in the exercise of the Regulator’s functions; and\n- (viii) a statement of arrangements in place to secure collaboration with State and Territory agencies and the effectiveness of those arrangements; and\n- (ix) a statement indicating the nature of any reports requested by 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- (i) the financial statements that have been audited by an auditor decided by the responsible Ministers; and\n- (ii) a statement of actual performance measured against the National Performance Measures (Standards and Indicators) outlined in the current corporate plan under section 695 ; and\n- (iii) a statement of exceptions where the National Performance Measures (Standards and Indicators) were not achieved, including a statement of issues that impacted on the achievement of the measures; and\n- (iv) a statement of trend analysis relating to performance measured against the National Performance Measures (Standards and Indicators); and\n- (v) a statement of the outcome of consultation strategies and activities, including a summary of industry comments; and\n- (vi) a statement of the achievements attained in implementing, and the challenges encountered in implementing, the Regulator’s objectives stated in the current corporate plan; and\n- (vii) a statement of the achievements attained in the exercise of the Regulator’s functions; and\n- (viii) a statement of arrangements in place to secure collaboration with State and Territory agencies and the effectiveness of those arrangements; and\n- (ix) a statement indicating the nature of any reports requested by the responsible Ministers under section 694 ; and\n- (x) other matters required by the national regulations; and\n- (a) that the financial statements are to be prepared in accordance with Australian Accounting Standards; and\n- (b) for the auditing of the financial statements.","sortOrder":1018},{"sectionNumber":"sec.694","sectionType":"section","heading":"Other reports","content":"### sec.694 Other reports\n\nThe responsible Ministers may, by written direction given to the Regulator, require the Regulator to give to the responsible Ministers, within the period stated in the direction, a report about any matter that relates to the exercise by the Regulator of its functions.\nsch s 694 ins 2013 No. 4 s 12","sortOrder":1019},{"sectionNumber":"sec.695","sectionType":"section","heading":"Corporate plans","content":"### sec.695 Corporate plans\n\nThe Regulator must, on an annual basis, prepare and give to the responsible Ministers for approval by the Ministers a corporate plan for each 3 year period.\nThe corporate plan must—\noutline the Regulator’s objectives for the 3 year period; and\nstate how the Regulator’s objectives will be implemented during the 3 year period; and\ncontain a statement outlining the National Performance Measures (Standards and Indicators), determined by the Regulator under subsection (4) , for the 3 year period, including (but not limited to) annual measures for each of the 3 years specifying—\nthe standards expected to be complied with for each year; and\nthe performance indicators proposed to be used for measuring the Regulator’s progress in implementing the Regulator’s objectives during the year; and\nidentify any challenges and risks that the Regulator reasonably believes may have a significant impact, during the 3 year period, on—\nthe Regulator’s ability to implement the Regulator’s objectives; and\nthe achievement of the object of this Law; and\nthe exercise of the Regulator’s functions; and\ninclude the Regulator’s proposed budget for each financial year commencing within the 3 year period.\nThe Regulator must, by notice given to the responsible Ministers, advise the Ministers if either of the following occurs—\nthe Regulator makes a significant amendment to its corporate plan;\nthe Regulator becomes aware of an issue that will have a significant impact on its ability to implement the objectives stated in the corporate plan.\nThe Regulator must publish documentation for National Performance Measures on the Regulator’s website and determine National Performance Measures (Standards and Indicators) in accordance with the documentation.\nsch s 695 ins 2013 No. 4 s 12\namd 2025 No. 26 s 140 (uncommenced amendment)\n(sec.695-ssec.1) The Regulator must, on an annual basis, prepare and give to the responsible Ministers for approval by the Ministers a corporate plan for each 3 year period.\n(sec.695-ssec.2) The corporate plan must— outline the Regulator’s objectives for the 3 year period; and state how the Regulator’s objectives will be implemented during the 3 year period; and contain a statement outlining the National Performance Measures (Standards and Indicators), determined by the Regulator under subsection (4) , for the 3 year period, including (but not limited to) annual measures for each of the 3 years specifying— the standards expected to be complied with for each year; and the performance indicators proposed to be used for measuring the Regulator’s progress in implementing the Regulator’s objectives during the year; and identify any challenges and risks that the Regulator reasonably believes may have a significant impact, during the 3 year period, on— the Regulator’s ability to implement the Regulator’s objectives; and the achievement of the object of this Law; and the exercise of the Regulator’s functions; and include the Regulator’s proposed budget for each financial year commencing within the 3 year period.\n(sec.695-ssec.3) The Regulator must, by notice given to the responsible Ministers, advise the Ministers if either of the following occurs— the Regulator makes a significant amendment to its corporate plan; the Regulator becomes aware of an issue that will have a significant impact on its ability to implement the objectives stated in the corporate plan.\n(sec.695-ssec.4) The Regulator must publish documentation for National Performance Measures on the Regulator’s website and determine National Performance Measures (Standards and Indicators) in accordance with the documentation.\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 the 3 year period; and\n- (c) contain a statement outlining the National Performance Measures (Standards and Indicators), determined by the Regulator under subsection (4) , for the 3 year period, including (but not limited to) annual measures for each of the 3 years specifying— (i) the standards expected to be complied with for each year; and (ii) the performance indicators proposed to be used for measuring the Regulator’s progress in implementing the Regulator’s objectives during the year; and\n- (i) the standards expected to be complied with for each year; and\n- (ii) the performance indicators proposed to be used for measuring the Regulator’s progress in implementing the Regulator’s objectives during the year; and\n- (d) identify any challenges and risks that the Regulator reasonably believes may have a significant impact, during the 3 year period, on— (i) the Regulator’s ability to implement the Regulator’s objectives; and (ii) the achievement of the object of this Law; and (iii) the exercise of the Regulator’s functions; and\n- (i) the Regulator’s ability to implement the Regulator’s objectives; 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 commencing within the 3 year period.\n- (i) the standards expected to be complied with for each year; and\n- (ii) the performance indicators proposed to be used for measuring the Regulator’s progress in implementing the Regulator’s objectives during the year; and\n- (i) the Regulator’s ability to implement the Regulator’s objectives; and\n- (ii) the achievement of the object of this Law; and\n- (iii) the exercise of the Regulator’s functions; and\n- (a) the Regulator makes a significant amendment to its corporate plan;\n- (b) the Regulator becomes aware of an issue that will have a significant impact on its ability to implement the objectives stated in the corporate plan.","sortOrder":1020},{"sectionNumber":"sch-inc-ch.12-pt.12.3-div.3","sectionType":"division","heading":"Oversight of the Regulator and Board","content":"## Oversight of the Regulator and Board","sortOrder":1021},{"sectionNumber":"sec.696","sectionType":"section","heading":"Application of particular Queensland Acts to this Law","content":"### sec.696 Application of particular Queensland Acts to this Law\n\nThe following Acts, as in force from time to time, apply for the purposes of this Law—\nthe Information Privacy Act 2009 of Queensland;\nthe Public Records Act 2002 of Queensland;\nthe Right to Information Act 2009 of Queensland.\nHowever, the Act s mentioned in subsection (1) do not apply for the purposes of this Law to the extent that—\nfunctions under this Law are being exercised by a State or Territory entity; or\nwithout limiting paragraph (a) , functions are being exercised by a State or Territory entity under an agreement mentioned in section 658 (2) (a) or under a delegation under this Law.\nThe national regulations may modify an Act mentioned in subsection (1) for the purposes of this Law.\nWithout limiting subsection (3) , the national regulations may—\nprovide that the Act applies as if a provision of the Act specified in the regulations were omitted; or\nprovide that the Act applies as if an amendment to the Act made by a law of Queensland, and specified in the regulations, had not taken effect; or\nconfer a function on a State or Territory entity; or\nconfer jurisdiction on a tribunal or court of a participating jurisdiction.\nAn Act mentioned in subsection (1) applies for the purposes of this Law as if the Minister responsible for a government agency were the responsible Ministers in relation to a body established by this Law.\nSubsection (5) applies to an Act mentioned in subsection (1) with the modifications (if any) mentioned in subsection (3) , but does not apply in relation to any provisions of that Act specified in the national regulations for the purposes of this subsection.\nIn this section—\nState or Territory entity does not include the Regulator.\nsch s 696 ins 2013 No. 4 s 12\namd 2025 No. 26 s 141 (uncommenced amendment)\n(sec.696-ssec.1) The following Acts, as in force from time to time, apply for the purposes of this Law— the Information Privacy Act 2009 of Queensland; the Public Records Act 2002 of Queensland; the Right to Information Act 2009 of Queensland.\n(sec.696-ssec.2) However, the Act s mentioned in subsection (1) do not apply for the purposes of this Law to the extent that— functions under this Law are being exercised by a State or Territory entity; or without limiting paragraph (a) , functions are being exercised by a State or Territory entity under an agreement mentioned in section 658 (2) (a) or under a delegation under this Law.\n(sec.696-ssec.3) The national regulations may modify an Act mentioned in subsection (1) for the purposes of this Law.\n(sec.696-ssec.4) Without limiting subsection (3) , the national regulations may— provide that the Act applies as if a provision of the Act specified in the regulations were omitted; or provide that the Act applies as if an amendment to the Act made by a law of Queensland, and specified in the regulations, had not taken effect; or confer a function on a State or Territory entity; or confer jurisdiction on a tribunal or court of a participating jurisdiction.\n(sec.696-ssec.5) An Act mentioned in subsection (1) applies for the purposes of this Law as if the Minister responsible for a government agency were the responsible Ministers in relation to a body established by this Law.\n(sec.696-ssec.6) Subsection (5) applies to an Act mentioned in subsection (1) with the modifications (if any) mentioned in subsection (3) , but does not apply in relation to any provisions of that Act specified in the national regulations for the purposes of this subsection.\n(sec.696-ssec.7) In this section— State or Territory entity does not include the Regulator.\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- (a) functions under this Law are being exercised by a State or Territory entity; or\n- (b) without limiting paragraph (a) , functions are being exercised by a State or Territory entity under an agreement mentioned in section 658 (2) (a) or under a delegation under this Law.\n- (a) provide that the Act applies as if a provision of the Act specified in the regulations were omitted; or\n- (b) provide that the Act applies as if an amendment to the Act made by a law of Queensland, and specified in the regulations, had not taken 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 jurisdiction.","sortOrder":1022},{"sectionNumber":"sch-inc-ch.12-pt.12.3-div.4","sectionType":"division","heading":"Provisions relating to persons exercising functions under Law","content":"## Provisions relating to persons exercising functions under Law","sortOrder":1023},{"sectionNumber":"sec.697","sectionType":"section","heading":"General duties of persons exercising functions under this Law","content":"### sec.697 General duties of persons exercising functions under this Law\n\nA person exercising functions under this Law must, when exercising the functions, act honestly and with integrity.\nA person exercising functions under this Law must exercise the person’s functions under this Law—\nin good faith; and\nwith a reasonable degree of care, diligence and skill.\nA person exercising functions under this Law must not make improper use of the person’s position or of information that comes to the person’s knowledge in the course of, or because of, the person’s exercise of the functions—\nto gain an advantage for himself or herself or another person; or\nto cause a detriment to the implementation or operation of this Law.\nMaximum penalty for the purposes of subsection (3) —$10000.\nsch s 697 ins 2013 No. 4 s 12\n(sec.697-ssec.1) A person exercising functions under this Law must, when exercising the functions, act honestly and with integrity.\n(sec.697-ssec.2) A person exercising functions under this Law must exercise the person’s functions under this Law— in good faith; and with a reasonable degree of care, diligence and skill.\n(sec.697-ssec.3) A person exercising functions under this Law must not make improper use of the person’s position or of information that comes to the person’s knowledge in the course of, or because of, the person’s exercise of the functions— to gain an advantage for himself or herself or another person; or to cause a detriment to the implementation or operation of this Law. Maximum penalty for the purposes of subsection (3) —$10000.\n- (a) in good faith; and\n- (b) with a reasonable degree of care, diligence and skill.\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 Law.","sortOrder":1024},{"sectionNumber":"sec.698","sectionType":"section","heading":"Protection from personal liability for persons exercising Regulator’s or Board’s functions under this Law","content":"### sec.698 Protection from personal liability for persons exercising Regulator’s or Board’s functions under this Law\n\nA person who is or was a protected person does not incur civil liability personally for anything done or omitted to be done in good faith—\nin the exercise of a function of the Regulator or the Board under this Law; or\nin the reasonable belief that the act or omission was the exercise of a function of the Regulator or the Board under this Law.\nAny liability resulting from an act or omission that would, but for the purposes of subsection (1) , attach to a protected person attaches instead to the Regulator.\nIn this section—\nprotected person means an individual who is any of the following—\na member of the Board;\na member of a committee of the Board;\na member of the staff of the Regulator;\nan authorised officer;\na person to whom the Regulator has delegated any of its functions or to whom functions delegated by the Regulator have been subdelegated;\na person acting under the direction or authority of a person mentioned in paragraphs (a) to (e), including, for example, a person helping an authorised officer or an assistant mentioned in section 518 , 519 or 523 ;\na person—\nwho constitutes a body corporate that exercises functions of the Regulator under this Law; and\nwho is, or is of a class, prescribed by the national regulations;\nany other person exercising functions of the Regulator under this Law.\nsch s 698 ins 2013 No. 4 s 12\n(sec.698-ssec.1) A person who is or was a protected person does not incur civil liability personally for anything done or omitted to be done in good faith— in the exercise of a function of the Regulator or the Board under this Law; or in the reasonable belief that the act or omission was the exercise of a function of the Regulator or the Board under this Law.\n(sec.698-ssec.2) Any liability resulting from an act or omission that would, but for the purposes of subsection (1) , attach to a protected person attaches instead to the Regulator.\n(sec.698-ssec.3) In this section— protected person means an individual who is any of the following— a member of the Board; a member of a committee of the Board; a member of the staff of the Regulator; an authorised officer; a person to whom the Regulator has delegated any of its functions or to whom functions delegated by the Regulator have been subdelegated; a person acting under the direction or authority of a person mentioned in paragraphs (a) to (e), including, for example, a person helping an authorised officer or an assistant mentioned in section 518 , 519 or 523 ; a person— who constitutes a body corporate that exercises functions of the Regulator under this Law; and who is, or is of a class, prescribed by the national regulations; any other person exercising functions of the Regulator under this Law.\n- (a) in the exercise of a function of the Regulator or the Board under this Law; or\n- (b) in the reasonable belief that the act or omission was the exercise of a function of the Regulator or the Board under this Law.\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- (e) a person to whom the Regulator has delegated any of its functions or to whom functions delegated by the Regulator have been subdelegated;\n- (f) a person acting under the direction or authority of a person mentioned in paragraphs (a) to (e), including, for example, a person helping an authorised officer or an assistant mentioned in section 518 , 519 or 523 ;\n- (g) a person— (i) who constitutes a body corporate that exercises functions of the Regulator under this Law; and (ii) who is, or is of a class, prescribed by the national regulations;\n- (i) who constitutes a body corporate that exercises functions of the Regulator under this Law; and\n- (ii) who is, or is of a class, prescribed by the national regulations;\n- (h) any other person exercising functions of the Regulator under this Law.\n- (i) who constitutes a body corporate that exercises functions of the Regulator under this Law; and\n- (ii) who is, or is of a class, prescribed by the national regulations;","sortOrder":1025},{"sectionNumber":"sec.698A","sectionType":"section","heading":"No liability, right etc. arising from particular functions of authorised officer or Regulator","content":"### sec.698A No liability, right etc. arising from particular functions of authorised officer or Regulator\n\nThis section applies in relation to anything done by the Regulator or a protected person in the exercise of—\na function of an authorised officer under section 479 (2) ; or\na function of the Regulator under section 659 (2) (ka) .\nThe doing of the thing does not, of itself, give rise to—\na civil liability of the Regulator or protected person; or\na right, expectation, duty or obligation that would not otherwise be conferred or imposed on a person in relation to whom the thing was done; or\na defence that would not otherwise be available to a person in relation to whom the thing was done.\nHowever, subsection (2) (a) applies only to a thing done by the Regulator or a protected person in good faith.\nSee also section 698 in relation to civil liability for a thing done in good faith.\nA reference in this section to doing a thing includes a reference to omitting to do a thing.\nIn this section—\nprotected person see section 698 (3) .\nsch s 698A ins 2019 No. 29 s 34\n(sec.698A-ssec.1) This section applies in relation to anything done by the Regulator or a protected person in the exercise of— a function of an authorised officer under section 479 (2) ; or a function of the Regulator under section 659 (2) (ka) .\n(sec.698A-ssec.2) The doing of the thing does not, of itself, give rise to— a civil liability of the Regulator or protected person; or a right, expectation, duty or obligation that would not otherwise be conferred or imposed on a person in relation to whom the thing was done; or a defence that would not otherwise be available to a person in relation to whom the thing was done.\n(sec.698A-ssec.3) However, subsection (2) (a) applies only to a thing done by the Regulator or a protected person in good faith. See also section 698 in relation to civil liability for a thing done in good faith.\n(sec.698A-ssec.4) A reference in this section to doing a thing includes a reference to omitting to do a thing.\n(sec.698A-ssec.5) In this section— protected person see section 698 (3) .\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- (a) a civil liability of the Regulator or protected person; or\n- (b) a right, expectation, duty or obligation that would not otherwise be conferred or imposed on a person in relation to whom the thing was done; or\n- (c) a defence that would not otherwise be available to a person in relation to whom the thing was done.","sortOrder":1026},{"sectionNumber":"sch-inc-ch.13-pt.13.1","sectionType":"part","heading":"General offences","content":"# General offences","sortOrder":1027},{"sectionNumber":"sch-inc-ch.13-pt.13.1-div.1","sectionType":"division","heading":"Offence about discrimination or victimisation","content":"## Offence about discrimination or victimisation","sortOrder":1028},{"sectionNumber":"sec.699","sectionType":"section","heading":"Discrimination against or victimisation of employees","content":"### sec.699 Discrimination against or victimisation of employees\n\nAn employer must not dismiss an employee, or otherwise prejudice an employee in the employee’s employment, for the reason that the employee—\nhas helped or given information to a public authority or law enforcement agency in relation to a contravention or alleged contravention of this Law; or\nhas made a complaint about a contravention or alleged contravention of this Law to an employer, former employer, fellow employee, former fellow employee, union or public authority or law enforcement agency.\ndemotion of the employee\nunwarranted transfer of the employee\nreducing the employee’s terms of employment\nMaximum penalty—$10000.\nAn employer must not fail to offer employment to a prospective employee, or in offering employment to a prospective employee treat the prospective employee less favourably than another prospective employee would be treated in similar circumstances, for the reason that the prospective employee—\nhas helped or given information to a public authority or law enforcement agency in relation to a contravention or alleged contravention of this Law; or\nhas made a complaint about a contravention or alleged contravention of this Law to an employer, former employer, fellow employee, former fellow employee, union or public authority or law enforcement agency.\nMaximum penalty—$10000.\nIn a proceeding for an offence against subsection (1) or (2) , if all the facts constituting the offence other than the reason for the defendant’s action are proved, the defendant has the onus of proving that the defendant’s action was not for the reason alleged in the charge for the offence.\nIn this section—\nemployee includes an individual who works under a contract for services.\nemployer , of a prospective employee, includes a prospective employer of the employee.\nsch s 699 ins 2013 No. 4 s 12\n(sec.699-ssec.1) An employer must not dismiss an employee, or otherwise prejudice an employee in the employee’s employment, for the reason that the employee— has helped or given information to a public authority or law enforcement agency in relation to a contravention or alleged contravention of this Law; or has made a complaint about a contravention or alleged contravention of this Law to an employer, former employer, fellow employee, former fellow employee, union or public authority or law enforcement agency. demotion of the employee unwarranted transfer of the employee reducing the employee’s terms of employment Maximum penalty—$10000.\n(sec.699-ssec.2) An employer must not fail to offer employment to a prospective employee, or in offering employment to a prospective employee treat the prospective employee less favourably than another prospective employee would be treated in similar circumstances, for the reason that the prospective employee— has helped or given information to a public authority or law enforcement agency in relation to a contravention or alleged contravention of this Law; or has made a complaint about a contravention or alleged contravention of this Law to an employer, former employer, fellow employee, former fellow employee, union or public authority or law enforcement agency. Maximum penalty—$10000.\n(sec.699-ssec.3) In a proceeding for an offence against subsection (1) or (2) , if all the facts constituting the offence other than the reason for the defendant’s action are proved, the defendant has the onus of proving that the defendant’s action was not for the reason alleged in the charge for the offence.\n(sec.699-ssec.4) In this section— employee includes an individual who works under a contract for services. employer , of a prospective employee, includes a prospective employer of the employee.\n- (a) has helped or given information to a public authority or law enforcement agency in relation to a contravention or alleged contravention of this Law; or\n- (b) has made a complaint about a contravention or alleged contravention of this Law to an employer, former employer, fellow employee, former fellow employee, union or public authority or law enforcement agency.\n- • demotion of the employee\n- • unwarranted transfer of the employee\n- • reducing the employee’s terms of employment\n- (a) has helped or given information to a public authority or law enforcement agency in relation to a contravention or alleged contravention of this Law; or\n- (b) has made a complaint about a contravention or alleged contravention of this Law to an employer, former employer, fellow employee, former fellow employee, union or public authority or law enforcement agency.","sortOrder":1029},{"sectionNumber":"sec.700","sectionType":"section","heading":"Order for damages or reinstatement","content":"### sec.700 Order for damages or reinstatement\n\nThis section applies if a court convicts an employer of an offence against section 699 in relation to an employee or prospective employee.\nIn addition to imposing a penalty, the court may make 1 or more of the following orders—\nan order that the employer pay, within a stated period, the employee or prospective employee the damages the court considers appropriate to compensate the employee or prospective employee;\nfor an employee—an order that the employee be reinstated or re-employed in the employee’s former position or, if that position is not available, in a similar position;\nfor a prospective employee—an order that the prospective employee be employed in the position for which the prospective employee applied or, if that position is not available, in a similar position.\nAn order for damages under subsection (2) (a) —\ncan not be for an amount exceeding the monetary jurisdictional limit of the court in civil proceedings; and\nis taken to be, and is enforceable as, a judgment of the court sitting in civil proceedings.\nA person against whom an order is made under subsection (2) (b) or (c) must comply with the order.\nMaximum penalty—$10000.\nIn this section—\nemployee includes an individual who works under a contract for services.\nemployer , of a prospective employee, includes a prospective employer of the employee.\nsch s 700 ins 2013 No. 4 s 12\n(sec.700-ssec.1) This section applies if a court convicts an employer of an offence against section 699 in relation to an employee or prospective employee.\n(sec.700-ssec.2) In addition to imposing a penalty, the court may make 1 or more of the following orders— an order that the employer pay, within a stated period, the employee or prospective employee the damages the court considers appropriate to compensate the employee or prospective employee; for an employee—an order that the employee be reinstated or re-employed in the employee’s former position or, if that position is not available, in a similar position; for a prospective employee—an order that the prospective employee be employed in the position for which the prospective employee applied or, if that position is not available, in a similar position.\n(sec.700-ssec.3) An order for damages under subsection (2) (a) — can not be for an amount exceeding the monetary jurisdictional limit of the court in civil proceedings; and is taken to be, and is enforceable as, a judgment of the court sitting in civil proceedings.\n(sec.700-ssec.4) A person against whom an order is made under subsection (2) (b) or (c) must comply with the order. Maximum penalty—$10000.\n(sec.700-ssec.5) In this section— employee includes an individual who works under a contract for services. employer , of a prospective employee, includes a prospective employer of the employee.\n- (a) an order that the employer pay, within a stated period, the employee or prospective employee the damages the court considers appropriate to compensate the employee or prospective employee;\n- (b) for an employee—an order that the employee be reinstated or re-employed in the employee’s former position or, if that position is not available, in a similar position;\n- (c) for a prospective employee—an order that the prospective employee be employed in the position for which the prospective employee applied or, if that position is not available, in a similar position.\n- (a) can not be for an amount exceeding the monetary jurisdictional limit of the court in civil proceedings; and\n- (b) is taken to be, and is enforceable as, a judgment of the court sitting in civil proceedings.","sortOrder":1030},{"sectionNumber":"sch-inc-ch.13-pt.13.1-div.2","sectionType":"division","heading":"Offences about false or misleading information","content":"## Offences about false or misleading information","sortOrder":1031},{"sectionNumber":"sec.701","sectionType":"section","heading":"False or misleading statements","content":"### sec.701 False or misleading statements\n\nA person commits an offence if the person makes a statement to an official that the person knows is false or misleading.\nMaximum penalty—$10000.\nA person commits an offence if the person—\nmakes a statement to an official that is false or misleading; and\nis reckless as to whether the statement is false or misleading.\nMaximum penalty—$8000.\nSubsections (1) and (2) apply even if the statement was not given in response to, or in purported compliance with, a direction or requirement under this Law.\nIn a proceeding for an offence against subsection (1) or (2) , it is enough for a charge to state that the statement made was ‘false or misleading’, without specifying whether it was false or whether it was misleading.\nIn this section—\nofficial includes—\nTCA exercising a function under Chapter 7 ; and\na person exercising a function under this Law under the direction or authority of an official.\nsch s 701 ins 2013 No. 4 s 12\namd 2016 No. 65 s 106\namd 2025 No. 26 s 142 (uncommenced amendment)\n(sec.701-ssec.1) A person commits an offence if the person makes a statement to an official that the person knows is false or misleading. Maximum penalty—$10000.\n(sec.701-ssec.2) A person commits an offence if the person— makes a statement to an official that is false or misleading; and is reckless as to whether the statement is false or misleading. Maximum penalty—$8000.\n(sec.701-ssec.3) Subsections (1) and (2) apply even if the statement was not given in response to, or in purported compliance with, a direction or requirement under this Law.\n(sec.701-ssec.4) In a proceeding for an offence against subsection (1) or (2) , it is enough for a charge to state that the statement made was ‘false or misleading’, without specifying whether it was false or whether it was misleading.\n(sec.701-ssec.5) In this section— official includes— TCA exercising a function under Chapter 7 ; and a person exercising a function under this Law under the direction or authority of an official.\n- (a) makes a statement to an official that is false or misleading; and\n- (b) is reckless as to whether the statement is false or misleading.\n- (a) TCA exercising a function under Chapter 7 ; and\n- (b) a person exercising a function under this Law under the direction or authority of an official.","sortOrder":1032},{"sectionNumber":"sec.702","sectionType":"section","heading":"False or misleading documents","content":"### sec.702 False or misleading documents\n\nA person commits an offence if the person gives an official a document containing information the person knows is false or misleading.\nMaximum penalty—$10000.\nSubsection (1) does not apply if the person, when giving the document—\ntells the official how information contained in the document is false or misleading; and\nif the person has the correct information—gives the correct information.\nA person commits an offence if the person—\ngives an official a document containing information that is false or misleading; and\nis reckless as to whether information contained in the document is false or misleading.\nMaximum penalty—$8000.\nSubsections (1) and (3) apply even if the document was not given in response to, or in purported compliance with, a direction or requirement under this Law.\nIn a proceeding for an offence against subsection (1) or (3) , it is enough for a charge to state that the information was ‘false or misleading’, without specifying whether it was false or whether it was misleading.\nIn this section—\nofficial includes—\nTCA exercising a function under Chapter 7 ; and\na person exercising a function under this Law under the direction or authority of an official.\nsch s 702 ins 2013 No. 4 s 12\namd 2016 No. 65 s 107\namd 2025 No. 26 s 143 (uncommenced amendment)\n(sec.702-ssec.1) A person commits an offence if the person gives an official a document containing information the person knows is false or misleading. Maximum penalty—$10000.\n(sec.702-ssec.2) Subsection (1) does not apply if the person, when giving the document— tells the official how information contained in the document is false or misleading; and if the person has the correct information—gives the correct information.\n(sec.702-ssec.3) A person commits an offence if the person— gives an official a document containing information that is false or misleading; and is reckless as to whether information contained in the document is false or misleading. Maximum penalty—$8000.\n(sec.702-ssec.4) Subsections (1) and (3) apply even if the document was not given in response to, or in purported compliance with, a direction or requirement under this Law.\n(sec.702-ssec.5) In a proceeding for an offence against subsection (1) or (3) , it is enough for a charge to state that the information was ‘false or misleading’, without specifying whether it was false or whether it was misleading.\n(sec.702-ssec.6) In this section— official includes— TCA exercising a function under Chapter 7 ; and a person exercising a function under this Law under the direction or authority of an official.\n- (a) tells the official how information contained in the document is false or misleading; and\n- (b) if the person has the correct information—gives the correct information.\n- (a) gives an official a document containing information that is false or misleading; and\n- (b) is reckless as to whether information contained in the document is false or misleading.\n- (a) TCA exercising a function under Chapter 7 ; and\n- (b) a person exercising a function under this Law under the direction or authority of an official.","sortOrder":1033},{"sectionNumber":"sec.703","sectionType":"section","heading":"False or misleading information given by responsible person to another responsible person","content":"### sec.703 False or misleading information given by responsible person to another responsible person\n\nA responsible person for a heavy vehicle (the information giver ) must not give another responsible person for a heavy vehicle (the affected person ) information the information giver knows, or ought reasonably to know, is false or misleading in a material particular.\nMaximum penalty—$10000.\nSee section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.\nA responsible person for a heavy vehicle (also the information giver ) must not give another responsible person for a heavy vehicle (the affected person ) information that is false or misleading in a material particular if the information giver does so recklessly as to whether the information is false or misleading in the material particular.\nMaximum penalty—$8000.\nSubsections (1) and (2) do not apply if the affected person knew, or ought reasonably to have known, that the information was false or misleading in the material particular.\nSubsection (1) or (2) does not apply if the information giver gives the information in writing and, when giving the information—\ntells the affected person how it is false or misleading; and\nif the information giver has the correct information—gives the correct information in writing.\nSubsection (1) or (2) applies even if the information was not given in response to, or in purported compliance with, a direction or requirement under this Law.\nIn a proceeding for an offence against subsection (1) or (2) —\nit is enough for a charge to state that the statement made was ‘false or misleading’, without specifying whether it was false or whether it was misleading; and\nit is enough for a charge to state that the information given was false or misleading to the information giver’s knowledge, without specifying whether the information giver knew or ought reasonably to have known the information was false or misleading.\nIn this section—\ninformation means information in any form, whether or not in writing.\nmaterial particular means a particular relating to an element of an offence against this Law that is or could be committed by a person mentioned in paragraph (a) or (b) if the person relies, or were to rely, on the particular—\nthe responsible person for a heavy vehicle to whom the information is given;\nany other responsible person for a heavy vehicle who, at any time, is given the false or misleading information.\nsch s 703 ins 2013 No. 4 s 12\namd 2025 No. 26 s 144 (uncommenced amendment)\n(sec.703-ssec.1) A responsible person for a heavy vehicle (the information giver ) must not give another responsible person for a heavy vehicle (the affected person ) information the information giver knows, or ought reasonably to know, is false or misleading in a material particular. Maximum penalty—$10000. See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.\n(sec.703-ssec.2) A responsible person for a heavy vehicle (also the information giver ) must not give another responsible person for a heavy vehicle (the affected person ) information that is false or misleading in a material particular if the information giver does so recklessly as to whether the information is false or misleading in the material particular. Maximum penalty—$8000.\n(sec.703-ssec.3) Subsections (1) and (2) do not apply if the affected person knew, or ought reasonably to have known, that the information was false or misleading in the material particular.\n(sec.703-ssec.4) Subsection (1) or (2) does not apply if the information giver gives the information in writing and, when giving the information— tells the affected person how it is false or misleading; and if the information giver has the correct information—gives the correct information in writing.\n(sec.703-ssec.5) Subsection (1) or (2) applies even if the information was not given in response to, or in purported compliance with, a direction or requirement under this Law.\n(sec.703-ssec.6) In a proceeding for an offence against subsection (1) or (2) — it is enough for a charge to state that the statement made was ‘false or misleading’, without specifying whether it was false or whether it was misleading; and it is enough for a charge to state that the information given was false or misleading to the information giver’s knowledge, without specifying whether the information giver knew or ought reasonably to have known the information was false or misleading.\n(sec.703-ssec.7) In this section— information means information in any form, whether or not in writing. material particular means a particular relating to an element of an offence against this Law that is or could be committed by a person mentioned in paragraph (a) or (b) if the person relies, or were to rely, on the particular— the responsible person for a heavy vehicle to whom the information is given; any other responsible person for a heavy vehicle who, at any time, is given the false or misleading 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 correct information in writing.\n- (a) it is enough for a charge to state that the statement made was ‘false or misleading’, without specifying whether it was false or whether it was misleading; and\n- (b) it is enough for a charge to state that the information given was false or misleading to the information giver’s knowledge, without specifying whether the information giver knew or ought reasonably to have known the information was false or misleading.\n- (a) the responsible person for a heavy vehicle to whom the information is given;\n- (b) any other responsible person for a heavy vehicle who, at any time, is given the false or misleading information.","sortOrder":1034},{"sectionNumber":"sec.704","sectionType":"section","heading":"Offence to falsely represent that heavy vehicle authority is held etc.","content":"### sec.704 Offence to falsely represent that heavy vehicle authority is held etc.\n\nA person must not represent—\nthat the person has been granted a heavy vehicle authority the person has not been granted; or\nthat a heavy vehicle authority has been granted in relation to a thing for which it has not been granted; or\nthat the person is operating under a heavy vehicle authority that the person is not entitled to operate under; or\nthat a thing is operating under a heavy vehicle authority that the thing is not authorised to operate under.\nMaximum penalty—$10000.\nA person must not represent that the person or a thing is operating under a heavy vehicle authority if the authority is no longer in force.\nMaximum penalty—$10000.\nA person must not possess a document that falsely purports to be—\nan accreditation certificate for a heavy vehicle accreditation; or\na document mentioned in section 468 (1) (b) or (c) ; or\na document evidencing the grant of an electronic recording system approval, exemption, authorisation, permit or other authority under this Law; or\na Commonwealth Gazette notice, a permit\na copy of a document mentioned in paragraph (a) , (b) or (c) .\nMaximum penalty—$10000.\nIn this section—\nheavy vehicle authority means—\na heavy vehicle accreditation; or\nan electronic recording system approval, exemption, authorisation, permit or other authority under this Law.\nsch s 704 ins 2013 No. 4 s 12\namd 2015 No. 12 s 58\namd 2025 No. 26 s 145 (uncommenced amendment)\n(sec.704-ssec.1) A person must not represent— that the person has been granted a heavy vehicle authority the person has not been granted; or that a heavy vehicle authority has been granted in relation to a thing for which it has not been granted; or that the person is operating under a heavy vehicle authority that the person is not entitled to operate under; or that a thing is operating under a heavy vehicle authority that the thing is not authorised to operate under. Maximum penalty—$10000.\n(sec.704-ssec.2) A person must not represent that the person or a thing is operating under a heavy vehicle authority if the authority is no longer in force. Maximum penalty—$10000.\n(sec.704-ssec.3) A person must not possess a document that falsely purports to be— an accreditation certificate for a heavy vehicle accreditation; or a document mentioned in section 468 (1) (b) or (c) ; or a document evidencing the grant of an electronic recording system approval, exemption, authorisation, permit or other authority under this Law; or a Commonwealth Gazette notice, a permit a copy of a document mentioned in paragraph (a) , (b) or (c) . Maximum penalty—$10000.\n(sec.704-ssec.4) In this section— heavy vehicle authority means— a heavy vehicle accreditation; or an electronic recording system approval, exemption, authorisation, permit or other authority under this Law.\n- (a) that the person has been granted a heavy vehicle authority the person has not been granted; or\n- (b) that a heavy vehicle authority has been granted in relation to a thing for which it has not been granted; or\n- (c) that the person is operating under a heavy vehicle authority that the person is not entitled to operate under; or\n- (d) that a thing is operating under a heavy vehicle authority that the thing is not authorised to operate under.\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 system approval, exemption, authorisation, permit or other authority under this Law; or\n- (d) a copy of a document mentioned in paragraph (a) , (b) or (c) .\n- (a) a heavy vehicle accreditation; or\n- (b) an electronic recording system approval, exemption, authorisation, permit or other authority under this Law.","sortOrder":1035},{"sectionNumber":"sch-inc-ch.13-pt.13.2","sectionType":"part","heading":"Industry codes of practice","content":"# Industry codes of practice","sortOrder":1036},{"sectionNumber":"sec.705","sectionType":"section","heading":"Guidelines for industry codes of practice","content":"### sec.705 Guidelines for industry codes of practice\n\nThe Regulator may make guidelines about the preparation and content of an industry code of practice that may be registered under this Law.\nWithout limiting subsection (1) , the guidelines may provide that an industry code of practice registered under this Law must provide for the review of the code of practice.\nThe Regulator must—\nkeep a copy of the guidelines available for inspection by the public, during office hours on business days, at the Regulator’s head office; and\npublish a copy of the guidelines on the Regulator’s website.\nsch s 705 ins 2013 No. 4 s 12\nsub 2025 No. 26 s 146 (uncommenced amendment)\n(sec.705-ssec.1) The Regulator may make guidelines about the preparation and content of an industry code of practice that may be registered under this Law.\n(sec.705-ssec.2) Without limiting subsection (1) , the guidelines may provide that an industry code of practice registered under this Law must provide for the review of the code of practice.\n(sec.705-ssec.3) The Regulator must— keep a copy of the guidelines available for inspection by the public, during office hours on business days, at the Regulator’s head office; and publish a copy of the guidelines on the Regulator’s website.\n- (a) keep a copy of the guidelines available for inspection by the public, during office hours on business days, at the Regulator’s head office; and\n- (b) publish a copy of the guidelines on the Regulator’s website.","sortOrder":1037},{"sectionNumber":"sec.706","sectionType":"section","heading":"Registration of industry codes of practice","content":"### sec.706 Registration of industry codes of practice\n\nThe Regulator may register an industry code of practice for the purposes of this Law prepared in accordance with guidelines in force under section 705 .\nThe registration must be subject to the following conditions imposed by the Regulator—\nthat the industry code of practice must be reviewed after a stated period;\nthat a stated person, or a person of a stated class, must be appointed to maintain the industry code of practice and ensure it is updated following changes to best practice methods for the industry to which it relates;\nthat the industry code of practice must be updated following changes to the guidelines for the preparation and content of the industry code of practice in force under section 705 .\nThe registration may be subject to other conditions the Regulator considers appropriate.\nSubsection (5) applies if—\na condition applying to the registration of an industry code of practice is contravened; or\nthe guidelines in force under section 705 about the preparation and content of an industry code of practice are changed and a registered industry code of practice does not comply with the guidelines as amended.\nThe Regulator may—\namend the conditions of the registration, including by adding new conditions; or\nthat the registered industry code of practice be amended in a stated way to reflect a change to the guidelines for the preparation and content of the code of practice in force under section 705\ncancel the registration.\nConditions mentioned in subsection (2) can be amended under subsection (5) so long as the amended conditions conform with subsection (2) , but cannot otherwise be amended.\nThe Regulator incurs no liability for loss or damage suffered by a person because the person relied on a registered industry code of practice.\nsch s 706 ins 2013 No. 4 s 12\namd 2025 No. 26 s 146 (uncommenced amendment)\n(sec.706-ssec.1) The Regulator may register an industry code of practice for the purposes of this Law prepared in accordance with guidelines in force under section 705 .\n(sec.706-ssec.2) The registration must be subject to the following conditions imposed by the Regulator— that the industry code of practice must be reviewed after a stated period; that a stated person, or a person of a stated class, must be appointed to maintain the industry code of practice and ensure it is updated following changes to best practice methods for the industry to which it relates; that the industry code of practice must be updated following changes to the guidelines for the preparation and content of the industry code of practice in force under section 705 .\n(sec.706-ssec.3) The registration may be subject to other conditions the Regulator considers appropriate.\n(sec.706-ssec.4) Subsection (5) applies if— a condition applying to the registration of an industry code of practice is contravened; or the guidelines in force under section 705 about the preparation and content of an industry code of practice are changed and a registered industry code of practice does not comply with the guidelines as amended.\n(sec.706-ssec.5) The Regulator may— amend the conditions of the registration, including by adding new conditions; or that the registered industry code of practice be amended in a stated way to reflect a change to the guidelines for the preparation and content of the code of practice in force under section 705 cancel the registration.\n(sec.706-ssec.6) Conditions mentioned in subsection (2) can be amended under subsection (5) so long as the amended conditions conform with subsection (2) , but cannot otherwise be amended.\n(sec.706-ssec.7) The Regulator incurs no liability for loss or damage suffered by a person because the person relied on a registered industry code of practice.\n- (a) that the industry code of practice must be reviewed after a stated period;\n- (b) that a stated person, or a person of a stated class, must be appointed to maintain the industry code of practice and ensure it is updated following changes to best practice methods for the industry to which it relates;\n- (c) that the industry code of practice must be updated following changes to the guidelines for the preparation and content of the industry code of practice in force under section 705 .\n- (a) a condition applying to the registration of an industry code of practice is contravened; or\n- (b) the guidelines in force under section 705 about the preparation and content of an industry code of practice are changed and a registered industry code of practice does not comply with the guidelines as amended.\n- (a) amend the conditions of the registration, including by adding new conditions; or Example of a condition for the purposes of paragraph (a) — that the registered industry code of practice be amended in a stated way to reflect a change to the guidelines for the preparation and content of the code of practice in force under section 705\n- (b) cancel the registration.","sortOrder":1038},{"sectionNumber":"sch-inc-ch.13-pt.13.3","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":1039},{"sectionNumber":"sch-inc-ch.13-pt.13.3-div.1","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":1040},{"sectionNumber":"sec.707","sectionType":"section","heading":"Proceeding for indictable offences","content":"### sec.707 Proceeding for indictable offences\n\nThe prosecution may bring a proceeding for an indictable offence—\non indictment; or\nin a summary way.\nHowever, a court of summary jurisdiction must not hear and decide an indictable offence in a summary way if—\nat the start of the hearing, the defendant asks for the charge to be prosecuted on indictment; or\nthe court is satisfied—\nafter hearing submissions from the prosecution and defence at any stage of the hearing, that the defendant, if convicted, may not be adequately punished for the particular offence on a summary conviction; or\non an application made by the defence, that the charge should not be heard and decided in a summary way because of exceptional circumstances.\nIf the court decides that the offence be prosecuted on indictment—\nthe court must conduct the proceeding as a committal proceeding; and\nany evidence given in the proceeding, before the court decided that the offence be prosecuted on indictment, is taken to be evidence in the committal proceeding; and\nthe court must disregard any plea that the defendant made at the start of the proceeding.\nsch s 707 ins 2013 No. 4 s 12\nsub 2016 No. 65 s108\n(sec.707-ssec.1) The prosecution may bring a proceeding for an indictable offence— on indictment; or in a summary way.\n(sec.707-ssec.2) However, a court of summary jurisdiction must not hear and decide an indictable offence in a summary way if— at the start of the hearing, the defendant asks for the charge to be prosecuted on indictment; or the court is satisfied— after hearing submissions from the prosecution and defence at any stage of the hearing, that the defendant, if convicted, may not be adequately punished for the particular offence on a summary conviction; or on an application made by the defence, that the charge should not be heard and decided in a summary way because of exceptional circumstances.\n(sec.707-ssec.3) If the court decides that the offence be prosecuted on indictment— the court must conduct the proceeding as a committal proceeding; and any evidence given in the proceeding, before the court decided that the offence be prosecuted on indictment, is taken to be evidence in the committal proceeding; and the court must disregard any plea that the defendant made at the start of the proceeding.\n- (a) on indictment; or\n- (b) in a summary way.\n- (a) at the start of the hearing, the defendant asks for the charge to be prosecuted on indictment; or\n- (b) the court is satisfied— (i) after hearing submissions from the prosecution and defence at any stage of the hearing, that the defendant, if convicted, may not be adequately punished for the particular offence on a summary conviction; or (ii) on an application made by the defence, that the charge should not be heard and decided in a summary way because of exceptional circumstances.\n- (i) after hearing submissions from the prosecution and defence at any stage of the hearing, that the defendant, if convicted, may not be adequately punished for the particular offence on a summary conviction; or\n- (ii) on an application made by the defence, that the charge should not be heard and decided in a summary way because of exceptional circumstances.\n- (i) after hearing submissions from the prosecution and defence at any stage of the hearing, that the defendant, if convicted, may not be adequately punished for the particular offence on a summary conviction; or\n- (ii) on an application made by the defence, that the charge should not be heard and decided in a summary way because of exceptional circumstances.\n- (a) the court must conduct the proceeding as a committal proceeding; and\n- (b) any evidence given in the proceeding, before the court decided that the offence be prosecuted on indictment, is taken to be evidence in the committal proceeding; and\n- (c) the court must disregard any plea that the defendant made at the start of the proceeding.","sortOrder":1041},{"sectionNumber":"sec.707A","sectionType":"section","heading":"Proceeding for other offences","content":"### sec.707A Proceeding for other offences\n\nThe prosecution must bring a proceeding for an offence against this Law, other than an indictable offence, in a summary way.\nThe proceeding must start—\nwithin 2 years after the offence is committed; or\nwithin 1 year after the commission of the offence comes to the complainant’s knowledge, but within 3 years after the offence is committed.\nA statement in a complaint for an offence against this Law that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.\nsch s 707A ins 2016 No. 65 s 108\n(sec.707A-ssec.1) The prosecution must bring a proceeding for an offence against this Law, other than an indictable offence, in a summary way.\n(sec.707A-ssec.2) The proceeding must start— within 2 years after the offence is committed; or within 1 year after the commission of the offence comes to the complainant’s knowledge, but within 3 years after the offence is committed.\n(sec.707A-ssec.3) A statement in a complaint for an offence against this Law that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.\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 complainant’s knowledge, but within 3 years after the offence is committed.","sortOrder":1042},{"sectionNumber":"sch-inc-ch.13-pt.13.3-div.2","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":1043},{"sectionNumber":"sec.708","sectionType":"section","heading":"Proof of appointments unnecessary","content":"### sec.708 Proof of appointments unnecessary\n\nFor the purposes of this Law, it is not necessary to prove the appointment of the following persons—\nan official;\na police commissioner.\nsch s 708 ins 2013 No. 4 s 12\n- (a) an official;\n- (b) a police commissioner.","sortOrder":1044},{"sectionNumber":"sec.709","sectionType":"section","heading":"Proof of signatures unnecessary","content":"### sec.709 Proof of signatures unnecessary\n\nFor the purposes of this Law, a signature purporting to be the signature of 1 of the following persons is evidence of the signature it purports to be—\nan official;\na police commissioner.\nsch s 709 ins 2013 No. 4 s 12\n- (a) an official;\n- (b) a police commissioner.","sortOrder":1045},{"sectionNumber":"sec.710","sectionType":"section","heading":"Averments","content":"### sec.710 Averments\n\nIn a proceeding for an offence against this Law, a statement in the complaint for the offence that, at a stated time or during a stated period—\na stated vehicle or a stated combination was a heavy vehicle; or\na stated vehicle or a stated combination was of a stated category of heavy vehicle; or\na stated person was the registered operator of a stated heavy vehicle; or\na stated person held a permit for a mass or dimension authority, a heavy vehicle accreditation or another authority under this Law; or\na stated location was, or was a part of, a road or road-related area; or\na stated location was, under a stated provision of this Law or another stated law, subject to a stated prohibition, restriction or other requirement about the use of heavy vehicles or stated categories of heavy vehicles;\nis evidence of the matter.\nIn a proceeding for an offence against this Law, a statement or allegation in the complaint for the offence that the act or omission constituting the alleged offence was done or made in a stated place, at a stated time, on a stated date or during a stated period, is evidence of the matter.\nsch s 710 ins 2013 No. 4 s 12\namd 2016 No. 65 s 109\n(sec.710-ssec.1) In a proceeding for an offence against this Law, a statement in the complaint for the offence that, at a stated time or during a stated period— a stated vehicle or a stated combination was a heavy vehicle; or a stated vehicle or a stated combination was of a stated category of heavy vehicle; or a stated person was the registered operator of a stated heavy vehicle; or a stated person held a permit for a mass or dimension authority, a heavy vehicle accreditation or another authority under this Law; or a stated location was, or was a part of, a road or road-related area; or a stated location was, under a stated provision of this Law or another stated law, subject to a stated prohibition, restriction or other requirement about the use of heavy vehicles or stated categories of heavy vehicles; is evidence of the matter.\n(sec.710-ssec.2) In a proceeding for an offence against this Law, a statement or allegation in the complaint for the offence that the act or omission constituting the alleged offence was done or made in a stated place, at a stated time, on a stated date or during a stated period, is evidence of the matter.\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 of heavy vehicle; or\n- (c) a stated person was the registered operator of a stated heavy vehicle; or\n- (d) a stated person held a permit for a mass or dimension authority, a heavy vehicle accreditation or another authority under this Law; or\n- (e) a stated location was, or was a part of, a road or road-related area; or\n- (f) a stated location was, under a stated provision of this Law or another stated law, subject to a stated prohibition, restriction or other requirement about the use of heavy vehicles or stated categories of heavy vehicles;","sortOrder":1046},{"sectionNumber":"sec.711","sectionType":"section","heading":"Evidence by certificate by Regulator generally","content":"### sec.711 Evidence by certificate by Regulator generally\n\nA certificate purporting to be issued by the Regulator and stating that, at a stated time or during a stated period—\na stated person held or did not hold a heavy vehicle accreditation granted under this Law; or\na stated exemption or authorisation under this Law applied or did not apply to a stated person or a stated heavy vehicle; or\na stated person is the holder of a stated permit or other authority under this Law; or\na stated heavy vehicle accreditation, exemption, authorisation, permit or other authority under this Law was or was not amended, suspended or cancelled under this Law; or\na stated penalty, fee, charge or other amount was or was not, or is or is not, payable under this Law by a stated person; or\na stated fee, charge or other amount payable under this Law was or was not paid to the Regulator; or\na stated person has or has not notified the Regulator of any, or a stated, change of the person’s address; or\na stated identification card (however called) was issued by the Regulator to a stated person and was or was not current; or\na stated authorised officer (other than an authorised officer who is a police officer) was authorised to exercise a stated power under this Law and—\nwas not restricted in the exercise of the power by the officer’s conditions of appointment or a direction of the Regulator; or\nwas not restricted in a stated way in the exercise of the power by the officer’s conditions of appointment or a direction of the Regulator; or\na stated industry code of practice was or was not registered under section 706 ; or\na stated road or road-related area, or a stated part of a road or road-related area, was in an area or on a route declared under a stated provision of this Law or the national regulations; or\na stated heavy vehicle, or a stated component of a stated heavy vehicle, was weighed by or in the presence of a stated authorised officer on a stated weighbridge or weighing facility or by the use of a stated weighing device, and that a stated mass was the mass of the vehicle or component; or\na stated mathematical or statistical procedure was carried out in relation to stated information generated, recorded, stored, displayed, analysed, transmitted or reported by an approved intelligent transport system and the results of the procedure being carried out;\nis evidence of the matter.\nA procedure specified in a certificate under subsection (1) (q) is presumed, unless the contrary is proved—\nto be valid and reliable for the purpose for which it was used; and\nto have been carried out correctly.\nsch s 711 ins 2013 No. 4 s 12\namd 2018 No. 10 s 41\namd 2025 No. 26 s 147 (uncommenced amendment)\n(sec.711-ssec.1) A certificate purporting to be issued by the Regulator and stating that, at a stated time or during a stated period— a stated person held or did not hold a heavy vehicle accreditation granted under this Law; or a stated exemption or authorisation under this Law applied or did not apply to a stated person or a stated heavy vehicle; or a stated person is the holder of a stated permit or other authority under this Law; or a stated heavy vehicle accreditation, exemption, authorisation, permit or other authority under this Law was or was not amended, suspended or cancelled under this Law; or a stated penalty, fee, charge or other amount was or was not, or is or is not, payable under this Law by a stated person; or a stated fee, charge or other amount payable under this Law was or was not paid to the Regulator; or a stated person has or has not notified the Regulator of any, or a stated, change of the person’s address; or a stated identification card (however called) was issued by the Regulator to a stated person and was or was not current; or a stated authorised officer (other than an authorised officer who is a police officer) was authorised to exercise a stated power under this Law and— was not restricted in the exercise of the power by the officer’s conditions of appointment or a direction of the Regulator; or was not restricted in a stated way in the exercise of the power by the officer’s conditions of appointment or a direction of the Regulator; or a stated industry code of practice was or was not registered under section 706 ; or a stated road or road-related area, or a stated part of a road or road-related area, was in an area or on a route declared under a stated provision of this Law or the national regulations; or a stated heavy vehicle, or a stated component of a stated heavy vehicle, was weighed by or in the presence of a stated authorised officer on a stated weighbridge or weighing facility or by the use of a stated weighing device, and that a stated mass was the mass of the vehicle or component; or a stated mathematical or statistical procedure was carried out in relation to stated information generated, recorded, stored, displayed, analysed, transmitted or reported by an approved intelligent transport system and the results of the procedure being carried out; is evidence of the matter.\n(sec.711-ssec.2) A procedure specified in a certificate under subsection (1) (q) is presumed, unless the contrary is proved— to be valid and reliable for the purpose for which it was used; and to have been carried out correctly.\n- (e) a stated person held or did not hold a heavy vehicle accreditation granted under this Law; or\n- (f) a stated exemption or authorisation under this Law applied or did 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 under this Law; or\n- (h) a stated heavy vehicle accreditation, exemption, authorisation, permit or other authority under this Law was or was not amended, suspended or cancelled under this Law; or\n- (i) a stated penalty, fee, charge or other amount was or was not, or is 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 or was not paid to the Regulator; or\n- (k) a stated person has or has not notified the Regulator of any, or a stated, change of the person’s address; or\n- (l) a stated identification card (however called) was issued by the Regulator to a stated person and was or was not current; or\n- (m) a stated authorised officer (other than an authorised officer who is a police officer) was authorised to exercise a stated power under this Law and— (i) was not restricted in the exercise of the power by the officer’s conditions of appointment or a direction of the Regulator; or (ii) was not restricted in a stated way in the exercise of the power by the officer’s conditions of appointment or a direction of the Regulator; or\n- (i) was not restricted in the exercise of the power by the officer’s conditions of appointment or a direction of the Regulator; or\n- (ii) was not restricted in a stated way in the exercise of the power by the officer’s conditions of appointment or a direction of the Regulator; or\n- (n) a stated industry code of practice was or was not registered under section 706 ; or\n- (o) a stated road or road-related area, or a stated part of a road or road-related area, was in an area or on a route declared under a stated provision of this Law or the national regulations; or\n- (p) a stated heavy vehicle, or a stated component of a stated heavy vehicle, was weighed by or in the presence of a stated authorised officer on a stated weighbridge or weighing facility or by the use of a stated weighing device, and that a stated mass was the mass of the vehicle or component; or\n- (q) a stated mathematical or statistical procedure was carried out in relation to stated information generated, recorded, stored, displayed, analysed, transmitted or reported by an approved intelligent transport system and the results of the procedure being carried out;\n- (i) was not restricted in the exercise of the power by the officer’s conditions of appointment or a direction of the Regulator; or\n- (ii) was not restricted in a stated way in the exercise of the power by the officer’s conditions of appointment or a direction of the Regulator; or\n- (a) to be valid and reliable for the purpose for which it was used; and\n- (b) to have been carried out correctly.","sortOrder":1047},{"sectionNumber":"sec.712","sectionType":"section","heading":"Evidence by certificate by road authority","content":"### sec.712 Evidence by certificate by road authority\n\nA certificate purporting to be issued by a road authority and stating that, at a stated time or during a stated period—\na stated vehicle was or was not registered or licensed under a law administered by the authority; or\na stated person was the person in whose name a stated vehicle was registered or licensed under a law administered by the authority; or\na stated vehicle was not registered or licensed under a law administered by the authority in a stated person’s name; or\na stated location—\nwas, or was part of, a road or road-related area; or\nwas not a road or road-related area or part of a road or road-related area; or\na stated location was or was not, under a stated law of a stated participating jurisdiction, subject to a stated prohibition, restriction or other requirement about the use of heavy vehicles or stated categories of heavy vehicles;\nis evidence of the matter.\nsch s 712 ins 2013 No. 4 s 12\n- (a) a stated vehicle was or was not registered or licensed under a law administered by the authority; or\n- (b) a stated person was the person in whose name a stated vehicle was registered or licensed under a law administered by the authority; or\n- (c) a stated vehicle was not registered or licensed under a law administered by the authority in a stated person’s name; or\n- (d) a stated location— (i) was, or was part of, a road or road-related area; or (ii) was not a road or road-related area or part of a road or road-related area; or\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-related area; or\n- (e) a stated location was or was not, under a stated law of a stated participating jurisdiction, subject to a stated prohibition, restriction or other requirement about the use of heavy vehicles or stated categories of heavy vehicles;\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-related area; or","sortOrder":1048},{"sectionNumber":"sec.713","sectionType":"section","heading":"Evidence by certificate by Regulator about matters stated in or worked out from records","content":"### sec.713 Evidence by certificate by Regulator about matters stated in or worked out from records\n\nA certificate purporting to be issued by the Regulator and stating any of the following matters is evidence of the matter—\na stated matter appears in a stated record kept by the Regulator for the administration or enforcement of this Law;\na stated matter appears in a stated record accessed by the Regulator for the administration or enforcement of this Law.\nA certificate purporting to be issued by the Regulator and stating that a matter that has been worked out from either of the following is evidence of the matter—\na stated record kept by the Regulator for the administration or enforcement of this Law;\na stated record accessed by the Regulator for the administration or enforcement of this Law.\nThis section does not limit section 711 .\nsch s 713 ins 2013 No. 4 s 12\n(sec.713-ssec.1) A certificate purporting to be issued by the Regulator and stating any of the following matters is evidence of the matter— a stated matter appears in a stated record kept by the Regulator for the administration or enforcement of this Law; a stated matter appears in a stated record accessed by the Regulator for the administration or enforcement of this Law.\n(sec.713-ssec.2) A certificate purporting to be issued by the Regulator and stating that a matter that has been worked out from either of the following is evidence of the matter— a stated record kept by the Regulator for the administration or enforcement of this Law; a stated record accessed by the Regulator for the administration or enforcement of this Law.\n(sec.713-ssec.3) This section does not limit section 711 .\n- (a) a stated matter appears in a stated record kept by the Regulator for the administration or enforcement of this Law;\n- (b) a stated matter appears in a stated record accessed by the Regulator for the administration or enforcement of this Law.\n- (a) a stated record kept by the Regulator for the administration or enforcement of this Law;\n- (b) a stated record accessed by the Regulator for the administration or enforcement of this Law.","sortOrder":1049},{"sectionNumber":"sec.714","sectionType":"section","heading":"Evidence by certificate by authorised officer about instruments","content":"### sec.714 Evidence by certificate by authorised officer about instruments\n\nA certificate purporting to be issued by an authorised officer and stating that, on a stated day or at a stated time on a stated day, a stated instrument—\nwas in a proper condition; or\nhad a stated level of accuracy;\nis evidence of those matters on the stated day or at the stated time.\nEvidence of the condition of the instrument, or the way in which it was operated, is not required unless evidence that the instrument was not in proper condition or was not properly operated has been given.\nA defendant in a proceeding for an offence against this Law who intends to challenge the condition of an instrument, or the way in which it was operated, must give the complainant notice of the intention to challenge.\nThe notice must be—\nsigned by the defendant; and\ngiven at least 14 days before the day fixed for the hearing of the charge.\nIn this section—\ninstrument means—\na weighing device; or\nan intelligent transport system.\nsch s 714 ins 2013 No. 4 s 12\n(sec.714-ssec.1) A certificate purporting to be issued by an authorised officer and stating that, on a stated day or at a stated time on a stated day, a stated instrument— was in a proper condition; or had a stated level of accuracy; is evidence of those matters on the stated day or at the stated time.\n(sec.714-ssec.2) Evidence of the condition of the instrument, or the way in which it was operated, is not required unless evidence that the instrument was not in proper condition or was not properly operated has been given.\n(sec.714-ssec.3) A defendant in a proceeding for an offence against this Law who intends to challenge the condition of an instrument, or the way in which it was operated, must give the complainant notice of the intention to challenge.\n(sec.714-ssec.4) The notice must be— signed by the defendant; and given at least 14 days before the day fixed for the hearing of the charge.\n(sec.714-ssec.5) In this section— instrument means— a weighing device; or an intelligent transport system.\n- (a) was in a proper condition; or\n- (b) had a stated level of accuracy;\n- (a) signed by the defendant; and\n- (b) given at least 14 days before the day fixed for the hearing of the charge.\n- (a) a weighing device; or\n- (b) an intelligent transport system.","sortOrder":1050},{"sectionNumber":"sec.715","sectionType":"section","heading":"Challenging evidence by certificate","content":"### sec.715 Challenging evidence by certificate\n\nA defendant in a proceeding for an offence against this Law who intends to challenge a matter stated in a certificate mentioned in section 711 , 712 , 713 or 714 (1) must give the complainant notice of the intention to challenge.\nThe notice must be—\nsigned by the defendant; and\ngiven at least 14 days before the day fixed for the hearing of the charge.\nIf the matter intended to be challenged is the accuracy of a measurement, an analysis or a reading from a device, the notice must state—\nthe basis on which the defendant intends to challenge the accuracy of the measurement, analysis or reading; and\nthe measurement, analysis or reading the defendant considers to be the correct measurement, analysis or reading.\nA defendant in a proceeding for an offence against this Law can not challenge a matter stated in a certificate mentioned in section 711 , 712 , 713 or 714 (1) unless—\nthe defendant has complied with this section; or\nthe court gives leave to the defendant to challenge the matter, in the interests of justice.\nThis section applies only if the defendant is given a copy of the certificate at least 28 days before the appointed date for the hearing of the charge.\nsch s 715 ins 2013 No. 4 s 12\n(sec.715-ssec.1) A defendant in a proceeding for an offence against this Law who intends to challenge a matter stated in a certificate mentioned in section 711 , 712 , 713 or 714 (1) must give the complainant notice of the intention to challenge.\n(sec.715-ssec.2) The notice must be— signed by the defendant; and given at least 14 days before the day fixed for the hearing of the charge.\n(sec.715-ssec.3) If the matter intended to be challenged is the accuracy of a measurement, an analysis or a reading from a device, the notice must state— the basis on which the defendant intends to challenge the accuracy of the measurement, analysis or reading; and the measurement, analysis or reading the defendant considers to be the correct measurement, analysis or reading.\n(sec.715-ssec.4) A defendant in a proceeding for an offence against this Law can not challenge a matter stated in a certificate mentioned in section 711 , 712 , 713 or 714 (1) unless— the defendant has complied with this section; or the court gives leave to the defendant to challenge the matter, in the interests of justice.\n(sec.715-ssec.5) This section applies only if the defendant is given a copy of the certificate at least 28 days before the appointed date for the hearing of the charge.\n- (a) signed by the defendant; and\n- (b) given at least 14 days before the day fixed for the hearing of the charge.\n- (a) the basis on which the defendant intends to challenge the accuracy of the measurement, analysis or reading; and\n- (b) the measurement, analysis or reading the defendant considers to be the correct measurement, analysis or reading.\n- (a) the defendant has complied with this section; or\n- (b) the court gives leave to the defendant to challenge the matter, in the interests of justice.","sortOrder":1051},{"sectionNumber":"sec.716","sectionType":"section","heading":"Evidence by record about mass","content":"### sec.716 Evidence by record about mass\n\nA record of the mass of a heavy vehicle, or a component of a heavy vehicle, purporting to be made by the operator of a weighbridge or weighing facility at which the vehicle or component was weighed, or by the operator’s employee—\nis admissible in a proceeding under this Law; and\nis evidence of the mass of the vehicle or component at the time it was weighed.\nsch s 716 ins 2013 No. 4 s 12\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 it was weighed.","sortOrder":1052},{"sectionNumber":"sec.717","sectionType":"section","heading":"Manufacturer’s statements","content":"### sec.717 Manufacturer’s statements\n\nA written statement of the recommended maximum loaded mass ( mass rating ) for a heavy vehicle, or a component of a heavy vehicle, purporting to be made by the manufacturer of the vehicle or component is admissible in a proceeding under this Law and is evidence—\nof the mass rating; and\nof any conditions, stated in the statement, to which the mass rating is subject; and\nthat the statement was made by the manufacturer.\nA written statement of the strength or performance rating of equipment used to restrain a load and designed for use on a heavy vehicle, or on a component of a heavy vehicle, purporting to be made by the manufacturer of the equipment is admissible in a proceeding under this Law and is evidence—\nthat the equipment was designed for the use; and\nof the strength or performance rating of the equipment; and\nof any conditions, stated in the statement, to which the rating is subject; and\nthat the statement was made by the manufacturer.\na chain or strap\nsch s 717 ins 2013 No. 4 s 12\n(sec.717-ssec.1) A written statement of the recommended maximum loaded mass ( mass rating ) for a heavy vehicle, or a component of a heavy vehicle, purporting to be made by the manufacturer of the vehicle or component is admissible in a proceeding under this Law and is evidence— of the mass rating; and of any conditions, stated in the statement, to which the mass rating is subject; and that the statement was made by the manufacturer.\n(sec.717-ssec.2) A written statement of the strength or performance rating of equipment used to restrain a load and designed for use on a heavy vehicle, or on a component of a heavy vehicle, purporting to be made by the manufacturer of the equipment is admissible in a proceeding under this Law and is evidence— that the equipment was designed for the use; and of the strength or performance rating of the equipment; and of any conditions, stated in the statement, to which the rating is subject; and that the statement was made by the manufacturer. a chain or strap\n- (a) of the mass rating; and\n- (b) of any conditions, stated in the statement, to which the mass rating is subject; and\n- (c) that the statement was made by the manufacturer.\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 subject; and\n- (d) that the statement was made by the manufacturer.","sortOrder":1053},{"sectionNumber":"sec.718","sectionType":"section","heading":"Measurement of weight on tyre","content":"### sec.718 Measurement of weight on tyre\n\nA mark or print on a tyre purporting to be the maximum load capacity decided by the manufacturer of the tyre is evidence of the maximum load capacity for the tyre at cold inflation pressure decided by the manufacturer.\nIf it is impracticable to work out the mass on each tyre in an axle or axle group, the mass on the axle or axle group divided by the number of tyres in the axle or axle group is taken to be the mass on the tyre in the absence of evidence to the contrary.\nsch s 718 ins 2013 No. 4 s 12\n(sec.718-ssec.1) A mark or print on a tyre purporting to be the maximum load capacity decided by the manufacturer of the tyre is evidence of the maximum load capacity for the tyre at cold inflation pressure decided by the manufacturer.\n(sec.718-ssec.2) If it is impracticable to work out the mass on each tyre in an axle or axle group, the mass on the axle or axle group divided by the number of tyres in the axle or axle group is taken to be the mass on the tyre in the absence of evidence to the contrary.","sortOrder":1054},{"sectionNumber":"sec.719","sectionType":"section","heading":"Transport and journey documentation","content":"### sec.719 Transport and journey documentation\n\nTransport documentation and journey documentation are admissible in a proceeding under this Law and are evidence of—\nthe identity and status of the parties to the transaction to which the documentation relates; and\nthe destination or intended destination of the load to which the documentation relates; and\neither or both the date on which and the time at which—\nany document in the documentation was created; or\nany transaction mentioned in the documentation was effected or carried out; or\nany journey mentioned in the documentation was started, carried out or finished; or\nany other matter mentioned in the documentation was effected, started, carried out or finished; and\nthe location of any person, heavy vehicle, goods or other matter or thing mentioned in the documentation; and\nthe date and time at which any person, heavy vehicle, goods or other matter or thing mentioned in the documentation was present at a particular place.\nIn this section—\nstatus , of the parties to a transaction, includes the status of each of the parties as a responsible person for the heavy vehicle used or intended to be used for transporting the goods the subject of the transaction.\nsch s 719 ins 2013 No. 4 s 12\n(sec.719-ssec.1) Transport documentation and journey documentation are admissible in a proceeding under this Law and are evidence of— the identity and status of the parties to the transaction to which the documentation relates; and the destination or intended destination of the load to which the documentation relates; and either or both the date on which and the time at which— any document in the documentation was created; or any transaction mentioned in the documentation was effected or carried out; or any journey mentioned in the documentation was started, carried out or finished; or any other matter mentioned in the documentation was effected, started, carried out or finished; and the location of any person, heavy vehicle, goods or other matter or thing mentioned in the documentation; and the date and time at which any person, heavy vehicle, goods or other matter or thing mentioned in the documentation was present at a particular place.\n(sec.719-ssec.2) In this section— status , of the parties to a transaction, includes the status of each of the parties as a responsible person for the heavy vehicle used or intended to be used for transporting the goods the subject of the transaction.\n- (a) the identity and status of the parties to the transaction to which the documentation relates; and\n- (b) the destination or intended destination of the load to which the documentation relates; and\n- (c) either or both the date on which and the time at which— (i) any document in the documentation was created; or (ii) any transaction mentioned in the documentation was effected or carried out; or (iii) any journey mentioned in the documentation was started, carried out or finished; or (iv) any other matter mentioned in the documentation was effected, started, carried out or finished; and\n- (i) any document in the documentation was created; or\n- (ii) any transaction mentioned in the documentation was effected or carried out; or\n- (iii) any journey mentioned in the documentation was started, carried out or finished; or\n- (iv) any other matter mentioned in the documentation was effected, started, carried out or finished; and\n- (d) the location of any person, heavy vehicle, goods or other matter or thing mentioned in the documentation; and\n- (e) the date and time at which any person, heavy vehicle, goods or other matter or thing mentioned in the documentation was present at a particular place.\n- (i) any document in the documentation was created; or\n- (ii) any transaction mentioned in the documentation was effected or carried out; or\n- (iii) any journey mentioned in the documentation was started, carried out or finished; or\n- (iv) any other matter mentioned in the documentation was effected, started, carried out or finished; and","sortOrder":1055},{"sectionNumber":"sec.720","sectionType":"section","heading":"Evidence not affected by nature of vehicle","content":"### sec.720 Evidence not affected by nature of vehicle\n\nEvidence obtained in relation to a vehicle because of the exercise of a power under this Law in the belief or suspicion that the vehicle is a heavy vehicle is not affected merely because the vehicle is not a heavy vehicle.\nsch s 720 ins 2013 No. 4 s 12","sortOrder":1056},{"sectionNumber":"sec.721","sectionType":"section","heading":"Certificates of TCA","content":"### sec.721 Certificates of TCA\n\nA certificate purporting to be signed by a person on behalf of TCA stating any of the following matters is evidence of the matter—\na stated intelligent transport system was or was not an approved intelligent transport system on a stated date or during a stated period;\na stated person was or was not an intelligent access program service provider on a stated date or during a stated period;\na stated person was or was not an intelligent access program auditor on a stated date or during a stated period.\nA person who purportedly signs a certificate of a type mentioned in subsection (1) on behalf of TCA is presumed, unless the contrary is proved, to have been authorised by TCA to sign the certificate on TCA’s behalf.\nsch s 721 ins 2013 No. 4 s 12\namd 2016 No. 65 s 139\n(sec.721-ssec.1) A certificate purporting to be signed by a person on behalf of TCA stating any of the following matters is evidence of the matter— a stated intelligent transport system was or was not an approved intelligent transport system on a stated date or during a stated period; a stated person was or was not an intelligent access program service provider on a stated date or during a stated period; a stated person was or was not an intelligent access program auditor on a stated date or during a stated period.\n(sec.721-ssec.2) A person who purportedly signs a certificate of a type mentioned in subsection (1) on behalf of TCA is presumed, unless the contrary is proved, to have been authorised by TCA to sign the certificate on TCA’s behalf.\n- (a) a stated intelligent transport system was or was not an approved intelligent transport system on a stated date or during a stated period;\n- (b) a stated person was or was not an intelligent access program service provider on a stated date or during a stated period;\n- (c) a stated person was or was not an intelligent access program auditor on a stated date or during a stated period.","sortOrder":1057},{"sectionNumber":"sec.722","sectionType":"section","heading":"Approved intelligent transport system","content":"### sec.722 Approved intelligent transport system\n\nAn approved intelligent transport system, including all the equipment and software that makes up the system, is presumed, unless the contrary is proved, to have operated properly on any particular occasion.\nWithout limiting subsection (1) , information generated, recorded, stored, displayed, analysed, transmitted and reported by an approved intelligent transport system is presumed, unless the contrary is proved, to have been correctly generated, recorded, stored, displayed, analysed, transmitted and reported by the system.\nWithout limiting subsection (1) or (2) , information generated by an approved intelligent transport system is presumed, unless the contrary is proved, not to have been changed by being recorded, stored, displayed, analysed, transmitted or reported by the system.\nIf in a proceeding it is established by contrary evidence that particular information recorded or stored by an approved intelligent transport system is not a correct representation of the information generated by the system, the presumption mentioned in subsection (3) continues to apply to the remaining information recorded or stored by the system despite that contrary evidence.\nIf a defendant in a proceeding for an offence against this Law intends to challenge any of the following matters, the defendant must give the complainant notice of the intention to challenge—\nthat an approved intelligent transport system has operated properly;\nthat information generated, recorded, stored, displayed, analysed, transmitted or reported by an approved intelligent transport system has been correctly generated, recorded, stored, displayed, analysed, transmitted or reported by the system;\nthat information generated by an approved intelligent transport system has not been changed by being recorded, stored, displayed, analysed, transmitted or reported by the system.\nThe notice must—\nbe signed by the defendant; and\nstate the grounds on which the defendant intends to rely to challenge a matter mentioned in subsection (5) (a) , (b) or (c) ; and\nbe given at least 14 days before the day fixed for the hearing of the charge.\nThis section does not limit section 714 .\nsch s 722 ins 2013 No. 4 s 12\n(sec.722-ssec.1) An approved intelligent transport system, including all the equipment and software that makes up the system, is presumed, unless the contrary is proved, to have operated properly on any particular occasion.\n(sec.722-ssec.2) Without limiting subsection (1) , information generated, recorded, stored, displayed, analysed, transmitted and reported by an approved intelligent transport system is presumed, unless the contrary is proved, to have been correctly generated, recorded, stored, displayed, analysed, transmitted and reported by the system.\n(sec.722-ssec.3) Without limiting subsection (1) or (2) , information generated by an approved intelligent transport system is presumed, unless the contrary is proved, not to have been changed by being recorded, stored, displayed, analysed, transmitted or reported by the system.\n(sec.722-ssec.4) If in a proceeding it is established by contrary evidence that particular information recorded or stored by an approved intelligent transport system is not a correct representation of the information generated by the system, the presumption mentioned in subsection (3) continues to apply to the remaining information recorded or stored by the system despite that contrary evidence.\n(sec.722-ssec.5) If a defendant in a proceeding for an offence against this Law intends to challenge any of the following matters, the defendant must give the complainant notice of the intention to challenge— that an approved intelligent transport system has operated properly; that information generated, recorded, stored, displayed, analysed, transmitted or reported by an approved intelligent transport system has been correctly generated, recorded, stored, displayed, analysed, transmitted or reported by the system; that information generated by an approved intelligent transport system has not been changed by being recorded, stored, displayed, analysed, transmitted or reported by the system.\n(sec.722-ssec.6) The notice must— be signed by the defendant; and state the grounds on which the defendant intends to rely to challenge a matter mentioned in subsection (5) (a) , (b) or (c) ; and be given at least 14 days before the day fixed for the hearing of the charge.\n(sec.722-ssec.7) This section does not limit section 714 .\n- (a) that an approved intelligent transport system has operated properly;\n- (b) that information generated, recorded, stored, displayed, analysed, transmitted or reported by an approved intelligent transport system has been correctly generated, recorded, stored, displayed, analysed, transmitted or reported by the system;\n- (c) that information generated by an approved intelligent transport system has not been changed by being recorded, stored, displayed, analysed, transmitted or reported by the system.\n- (a) be signed by the defendant; and\n- (b) state the grounds on which the defendant intends to rely to challenge 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 the charge.","sortOrder":1058},{"sectionNumber":"sec.723","sectionType":"section","heading":"Evidence as to intelligent access map","content":"### sec.723 Evidence as to intelligent access map\n\nA certificate purporting to be signed by a person on behalf of TCA stating that a particular map was or was not the intelligent access map as issued by TCA on a stated date or during a stated period is conclusive evidence of the matter stated in the certificate.\nThe intelligent access map, as issued by TCA at a particular time, is presumed, unless evidence sufficient to raise doubt about the presumption is adduced, to be a correct representation of the national road network at the time of its issue.\nA person who purportedly signs a certificate of the kind referred to in subsection (1) on behalf of TCA is presumed, unless evidence sufficient to raise doubt about the presumption is adduced, to have been authorised by TCA to sign the certificate on TCA’s behalf.\nsch s 723 ins 2013 No. 4 s 12\n(sec.723-ssec.1) A certificate purporting to be signed by a person on behalf of TCA stating that a particular map was or was not the intelligent access map as issued by TCA on a stated date or during a stated period is conclusive evidence of the matter stated in the certificate.\n(sec.723-ssec.2) The intelligent access map, as issued by TCA at a particular time, is presumed, unless evidence sufficient to raise doubt about the presumption is adduced, to be a correct representation of the national road network at the time of its issue.\n(sec.723-ssec.3) A person who purportedly signs a certificate of the kind referred to in subsection (1) on behalf of TCA is presumed, unless evidence sufficient to raise doubt about the presumption is adduced, to have been authorised by TCA to sign the certificate on TCA’s behalf.","sortOrder":1059},{"sectionNumber":"sec.724","sectionType":"section","heading":"Reports and statements made by approved intelligent transport system","content":"### sec.724 Reports and statements made by approved intelligent transport system\n\nA report purporting to be made by an approved intelligent transport system—\nis presumed, unless the contrary is proved—\nto have been properly made by the system; and\nto be a correct representation of the information generated, recorded, stored, displayed, analysed, transmitted and reported by the system; and\nis admissible in a proceeding under this Law; and\nis evidence of the matters stated in it.\nHowever, subsection (1) (c) does not apply to information stated in a report made by an approved intelligent transport system that has been manually entered into the system by an operator or driver of a heavy vehicle.\nIf the driver of a heavy vehicle enters the mass of the vehicle into the intelligent transport system, the information about the mass of the vehicle stated in a report made by the system is not evidence of the mass of the vehicle.\nAlso, if in a proceeding it is established by contrary evidence that part of a report made by an approved intelligent transport system is not a correct representation of particular information generated, recorded, stored, displayed, analysed, transmitted or reported by the system, the presumption mentioned in subsection (1) (a) continues to apply to the remaining parts of the report despite that contrary evidence.\nIf a defendant in a proceeding for an offence against this Law intends to challenge any of the following matters, the defendant must give the complainant notice of the intention to challenge—\nthat a report made by an approved intelligent transport system has been properly made;\nthat a report made by an approved intelligent transport system is a correct representation of the information generated, recorded, stored, displayed, analysed, transmitted and reported by the system;\nthe correctness of a statement of a vehicle’s position on the surface of the earth at a particular time that is made by an approved intelligent transport system.\nThe notice must—\nbe signed by the defendant; and\nstate the grounds on which the defendant intends to rely to challenge the matter mentioned in subsection (4) (a) , (b) or (c) ; and\nbe given at least 14 days before the day fixed for the hearing of the charge.\nThis section does not limit section 714 .\nsch s 724 ins 2013 No. 4 s 12\n(sec.724-ssec.1) A report purporting to be made by an approved intelligent transport system— is presumed, unless the contrary is proved— to have been properly made by the system; and to be a correct representation of the information generated, recorded, stored, displayed, analysed, transmitted and reported by the system; and is admissible in a proceeding under this Law; and is evidence of the matters stated in it.\n(sec.724-ssec.2) However, subsection (1) (c) does not apply to information stated in a report made by an approved intelligent transport system that has been manually entered into the system by an operator or driver of a heavy vehicle. If the driver of a heavy vehicle enters the mass of the vehicle into the intelligent transport system, the information about the mass of the vehicle stated in a report made by the system is not evidence of the mass of the vehicle.\n(sec.724-ssec.3) Also, if in a proceeding it is established by contrary evidence that part of a report made by an approved intelligent transport system is not a correct representation of particular information generated, recorded, stored, displayed, analysed, transmitted or reported by the system, the presumption mentioned in subsection (1) (a) continues to apply to the remaining parts of the report despite that contrary evidence.\n(sec.724-ssec.4) If a defendant in a proceeding for an offence against this Law intends to challenge any of the following matters, the defendant must give the complainant notice of the intention to challenge— that a report made by an approved intelligent transport system has been properly made; that a report made by an approved intelligent transport system is a correct representation of the information generated, recorded, stored, displayed, analysed, transmitted and reported by the system; the correctness of a statement of a vehicle’s position on the surface of the earth at a particular time that is made by an approved intelligent transport system.\n(sec.724-ssec.5) The notice must— be signed by the defendant; and state the grounds on which the defendant intends to rely to challenge the matter mentioned in subsection (4) (a) , (b) or (c) ; and be given at least 14 days before the day fixed for the hearing of the charge.\n(sec.724-ssec.6) This section does not limit section 714 .\n- (a) is presumed, unless the contrary is proved— (i) to have been properly made by the system; and (ii) to be a correct representation of the information generated, recorded, stored, displayed, analysed, transmitted and reported by the system; and\n- (i) to have been properly made by the system; and\n- (ii) to be a correct representation of the information generated, recorded, stored, displayed, analysed, transmitted and reported 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- (i) to have been properly made by the system; and\n- (ii) to be a correct representation of the information generated, recorded, stored, displayed, analysed, transmitted and reported by the system; and\n- (a) that a report made by an approved intelligent transport system has been properly made;\n- (b) that a report made by an approved intelligent transport system is a correct representation of the information generated, recorded, stored, displayed, analysed, transmitted and reported by the system;\n- (c) the correctness of a statement of a vehicle’s position on the surface of the earth at a particular time that is made by an approved intelligent transport system.\n- (a) be signed by the defendant; and\n- (b) state the grounds on which the defendant intends to rely to challenge the matter mentioned in subsection (4) (a) , (b) or (c) ; and\n- (c) be given at least 14 days before the day fixed for the hearing of the charge.","sortOrder":1060},{"sectionNumber":"sec.725","sectionType":"section","heading":"Documents produced by an approved electronic recording system","content":"### sec.725 Documents produced by an approved electronic recording system\n\nThis section applies to an approved electronic recording system constituting an electronic work diary or of which an electronic work diary is a part.\nA document purporting to be made by the approved electronic recording system—\nis presumed, unless the contrary is proved—\nto have been properly made by the system; and\nto be a correct representation of the information generated, recorded, stored, displayed, analysed, transmitted and reported by the system; and\nis admissible in a proceeding under this Law relating to a fatigue-regulated heavy vehicle; and\nis evidence of the matters stated in it.\nsch s 725 ins 2013 No. 4 s 12\namd 2015 No. 12 s 59\n(sec.725-ssec.1) This section applies to an approved electronic recording system constituting an electronic work diary or of which an electronic work diary is a part.\n(sec.725-ssec.2) A document purporting to be made by the approved electronic recording system— is presumed, unless the contrary is proved— to have been properly made by the system; and to be a correct representation of the information generated, recorded, stored, displayed, analysed, transmitted and reported by the system; and is admissible in a proceeding under this Law relating to a fatigue-regulated heavy vehicle; and is evidence of the matters stated in it.\n- (a) is presumed, unless the contrary is proved— (i) to have been properly made by the system; and (ii) to be a correct representation of the information generated, recorded, stored, displayed, analysed, transmitted and reported by the system; and\n- (i) to have been properly made by the system; and\n- (ii) to be a correct representation of the information generated, recorded, stored, displayed, analysed, transmitted and reported by the system; and\n- (b) is admissible in a proceeding under this Law relating to a fatigue-regulated heavy vehicle; and\n- (c) is evidence of the matters stated in it.\n- (i) to have been properly made by the system; and\n- (ii) to be a correct representation of the information generated, recorded, stored, displayed, analysed, transmitted and reported by the system; and","sortOrder":1061},{"sectionNumber":"sec.726","sectionType":"section","heading":"Statement by person involved with use or maintenance of approved electronic recording system","content":"### sec.726 Statement by person involved with use or maintenance of approved electronic recording system\n\nThis section applies to an approved electronic recording system constituting an electronic work diary or of which an electronic work diary is a part.\nA written statement about how the approved electronic recording system has been used or maintained, and purporting to be made by the person purporting to be involved in the use or maintenance—\nis admissible in a proceeding under this Law relating to a fatigue-regulated heavy vehicle; and\nis evidence of the matters included in the statement.\na statement made by the driver of a fatigue-regulated heavy vehicle who uses an electronic work diary about how the driver operated the work diary\na statement made by an owner of an approved electronic recording system about how the owner has maintained the system\na statement made by the record keeper (within the meaning given by section 317 ) of the driver of a fatigue-regulated heavy vehicle who uses an electronic work diary about how information was transmitted from the electronic work diary to the record keeper\nsch s 726 ins 2013 No. 4 s 12\n(sec.726-ssec.1) This section applies to an approved electronic recording system constituting an electronic work diary or of which an electronic work diary is a part.\n(sec.726-ssec.2) A written statement about how the approved electronic recording system has been used or maintained, and purporting to be made by the person purporting to be involved in the use or maintenance— is admissible in a proceeding under this Law relating to a fatigue-regulated heavy vehicle; and is evidence of the matters included in the statement. a statement made by the driver of a fatigue-regulated heavy vehicle who uses an electronic work diary about how the driver operated the work diary a statement made by an owner of an approved electronic recording system about how the owner has maintained the system a statement made by the record keeper (within the meaning given by section 317 ) of the driver of a fatigue-regulated heavy vehicle who uses an electronic work diary about how information was transmitted from the electronic work diary to the record keeper\n- (a) is admissible in a proceeding under this Law relating to a fatigue-regulated heavy vehicle; and\n- (b) is evidence of the matters included in the statement.\n- • a statement made by the driver of a fatigue-regulated heavy vehicle who uses an electronic work diary about how the driver operated the work diary\n- • a statement made by an owner of an approved electronic recording system about how the owner has maintained the system\n- • a statement made by the record keeper (within the meaning given by section 317 ) of the driver of a fatigue-regulated heavy vehicle who uses an electronic work diary about how information was transmitted from the electronic work diary to the record keeper","sortOrder":1062},{"sectionNumber":"sec.726A","sectionType":"section","heading":"Evidence of offence","content":"### sec.726A Evidence of offence\n\nIn a proceeding for an offence against this Law—\nevidence of a court convicting a person of a heavy vehicle offence is evidence that the heavy vehicle offence happened at the time and place, and in the circumstances, stated in the complaint for the heavy vehicle offence; and\nevidence of details stated in an infringement notice issued for a heavy vehicle offence is evidence that the heavy vehicle offence happened at the time and place, and in the circumstances, stated in the infringement notice.\nIn this section—\nheavy vehicle offence means—\nan offence against this Law; or\nan offence by the driver of a heavy vehicle of exceeding a speed limit applying to the driver.\nsch s 726A ins 2016 No. 65 s 110\n(sec.726A-ssec.1) In a proceeding for an offence against this Law— evidence of a court convicting a person of a heavy vehicle offence is evidence that the heavy vehicle offence happened at the time and place, and in the circumstances, stated in the complaint for the heavy vehicle offence; and evidence of details stated in an infringement notice issued for a heavy vehicle offence is evidence that the heavy vehicle offence happened at the time and place, and in the circumstances, stated in the infringement notice.\n(sec.726A-ssec.2) In this section— heavy vehicle offence means— an offence against this Law; or an offence by the driver of a heavy vehicle of exceeding a speed limit applying to the driver.\n- (a) evidence of a court convicting a person of a heavy vehicle offence is evidence that the heavy vehicle offence happened at the time and place, and in the circumstances, stated in the complaint for the heavy vehicle offence; and\n- (b) evidence of details stated in an infringement notice issued for a heavy vehicle offence is evidence that the heavy vehicle offence happened at the time and place, and in the circumstances, stated in the infringement notice.\n- (a) an offence against this Law; or\n- (b) an offence by the driver of a heavy vehicle of exceeding a speed limit applying to the driver.","sortOrder":1063},{"sectionNumber":"sec.726B","sectionType":"section","heading":"Evidence obtained by police using other powers","content":"### sec.726B Evidence obtained by police using other powers\n\nTo remove any doubt, it is declared that evidence lawfully obtained by a police officer using powers other than the powers under this Law is not inadmissible in proceedings for a contravention of this Law only because the evidence was obtained using the other powers.\nsch s 726B ins 2018 No. 18 s 31","sortOrder":1064},{"sectionNumber":"sec.726C","sectionType":"section","heading":"Evidence obtained in another jurisdiction","content":"### sec.726C Evidence obtained in another jurisdiction\n\nTo remove any doubt, it is declared that evidence lawfully obtained in a jurisdiction (the first jurisdiction ) is not inadmissible in proceedings for a contravention of this Law in another jurisdiction only because the evidence was obtained in the first jurisdiction.\nsch s 726C ins 2018 No. 18 s 31","sortOrder":1065},{"sectionNumber":"sch-inc-ch.13-pt.13.3-div.3","sectionType":"division","heading":"Publication of court outcomes","content":"## Publication of court outcomes","sortOrder":1066},{"sectionNumber":"sec.726D","sectionType":"section","heading":"Regulator may publish convictions, penalties, orders, etc.","content":"### sec.726D Regulator may publish convictions, penalties, orders, etc.\n\nThis section applies if a court convicts a person of an offence against this Law.\nUnder section 9 , a court convicts a person of an offence if the court finds the person guilty, or accepts the person’s plea of guilty, for the offence whether or not a conviction is recorded.\nThe Regulator may publish the following information about the conviction on the Regulator’s website—\nthe offence for which the person was convicted;\nif the court imposed a penalty for the conviction—the penalty imposed;\nif the court made an order against the person in relation to the conviction—information about the order made, other than information that could identify or lead to the identification of the person.\nOrders the court may make include commercial benefits penalty orders (see section 597 ), supervisory intervention orders (see section 600 ), prohibition orders (see section 607 ) and compensation orders (see section 611 ).\nsch s 726D ins 2018 No. 18 s 32\n(sec.726D-ssec.1) This section applies if a court convicts a person of an offence against this Law. Under section 9 , a court convicts a person of an offence if the court finds the person guilty, or accepts the person’s plea of guilty, for the offence whether or not a conviction is recorded.\n(sec.726D-ssec.2) The Regulator may publish the following information about the conviction on the Regulator’s website— the offence for which the person was convicted; if the court imposed a penalty for the conviction—the penalty imposed; if the court made an order against the person in relation to the conviction—information about the order made, other than information that could identify or lead to the identification of the person. Orders the court may make include commercial benefits penalty orders (see section 597 ), supervisory intervention orders (see section 600 ), prohibition orders (see section 607 ) and compensation orders (see section 611 ).\n- (a) the offence for which the person was convicted;\n- (b) if the court imposed a penalty for the conviction—the penalty imposed;\n- (c) if the court made an order against the person in relation to the conviction—information about the order made, other than information that could identify or lead to the identification of the person. Note— Orders the court may make include commercial benefits penalty orders (see section 597 ), supervisory intervention orders (see section 600 ), prohibition orders (see section 607 ) and compensation orders (see section 611 ).","sortOrder":1067},{"sectionNumber":"sch-inc-ch.13-pt.13.4","sectionType":"part","heading":"Protected information","content":"# Protected information","sortOrder":1068},{"sectionNumber":"sec.727","sectionType":"section","heading":"Definitions for Pt 13.4","content":"### sec.727 Definitions for Pt 13.4\n\nIn this Part—\nauthorised use , for protected information, means—\nuse by a person—\nin the exercise of a function under this Law; or\nwhere use of the information is required or authorised under this Law (whether explicitly or by implication); or\nuse by a public authority or law enforcement agency—\nfor the administration or enforcement of a law or the exercise of another function of the authority or agency, including, for example, investigating a contravention or suspected contravention of a law; or\nif a law authorises, requires or permits the disclosure of the information to, and the use of the information by, the authority or agency; or\nuse by a court or tribunal in a proceeding under an Australian road law; or\nuse by a court or tribunal if an order of the court or tribunal requires the disclosure of the information to the court or tribunal; or\nan activity associated with preventing or minimising—\na risk of danger to the life of a person; or\na risk of serious harm to the health of a person; or\na risk to public safety; or\na use authorised by the person to whom the information relates; or\nresearch purposes if the information contains no personal information; or\nuse by an entity (whether public or private) in connection with road tolls; or\nuse by an entity (whether public or private) in connection with the administration of third party insurance legislation; or\nuse by an entity (whether public or private) for the purpose of determining the registration status of a heavy vehicle; or\na use required or authorised under a relevant law of a participating jurisdiction; or\na use prescribed by the national regulations; or\na use referred to in subsection (2) .\ndriver fatigue compliance function means a function exercised for the purpose of—\nthe administration or enforcement of a driver fatigue provision; or\neducation, evaluation and similar activities supporting administration or enforcement of a driver fatigue provision.\nsch s 727 def driver fatigue compliance function ins 2015 No. 12 s 60 (1)\namd 2025 No. 26 s 148 (uncommenced amendment)\ndriver fatigue provision means any of the following—\nChapter 1A to the extent the Chapter relates to driver fatigue;\nChapter 6 ;\nChapter 8 to the extent the Chapter relates to BFM accreditation or AFM accreditation;\nDivision 8 of Part 9.3 ;\nChapter 9 , other than Division 8 of Part 9.3 , to the extent the Chapter applies to the enforcement of provisions mentioned in paragraphs (aa), (a) and (b).\nsch s 727 def driver fatigue provision ins 2015 No. 12 s 60 (1)\namd 2018 No. 18 s 33 (1) – (2)\nelectronic work diary authorised use , for electronic work diary protected information, means—\nuse by a person—\nin the exercise of a driver fatigue compliance function; or\nnot in the exercise of a driver fatigue compliance function but authorised under a warrant mentioned in section 729B ; or\nuse by a person in the exercise of a function under another law if a warrant issued by a judge or magistrate under the other law or a different law authorises or permits the use of the information by the person; or\nuse by a court or tribunal in a proceeding under an Australian road law; or\nuse by a court or tribunal if an order of the court or tribunal requires the disclosure of the information to the court or tribunal; or\nresearch purposes if the information contains no personal information; or\nuse prescribed by the national regulations; or\nuse referred to in subsection (3) .\nsch s 727 def electronic work diary authorised use ins 2015 No. 12 s 60 (1)\nelectronic work diary information means information generated, recorded, stored, displayed, analysed, transmitted or reported by an approved electronic recording system that constitutes an electronic work diary, or of which an electronic work diary is a part.\nsch s 727 def electronic work diary information ins 2015 No. 12 s 60 (1)\nelectronic work diary protected information —\nmeans electronic work diary information; but\ndoes not include the following—\ninformation obtained, collected or recorded other than for the purposes of Chapter 1A to the extent the Chapter relates to driver fatigue or Chapter 6 (the driver fatigue purposes ), even if the information is—\ncoincidentally relevant for a driver fatigue purpose; and\nrecorded in an electronic work diary; or\ninformation relating to proceedings before a relevant tribunal or court that are or were open to the public.\nsch s 727 def electronic work diary protected information ins 2015 No. 12 s 60 (1)\namd 2018 No. 18 s 33 (3)\npolice agency means a police force or police service (however called) of a participating jurisdiction, and includes an entity prescribed by the Application Act of this jurisdiction as an entity included in this definition.\nprotected information —\nmeans information obtained in the course of administering this Law or because of an opportunity provided by involvement in administering this Law; but\ndoes not include—\nintelligent access program information; or\nSee Chapter 7 for the restrictions on the use and disclosure of intelligent access program information.\ninformation mentioned in paragraph (a) in a form that does not identify a person; or\ninformation relating to proceedings before a relevant tribunal or court that are or were open to the public; or\nelectronic work diary protected information.\nsch s 727 def protected information amd 2015 No. 12 s 60 (2) – (3) ; 2016 No. 65 s 139\nrelevant law , of a participating jurisdiction, means a law specified for this definition in a law of the jurisdiction.\nIt is also an authorised use, for protected information disclosed to or otherwise held by a police agency for any purpose or for a particular purpose, to disclose the information to another police agency authorised to hold protected information (whether or not for the same purpose).\nIt is also an authorised use, for electronic work diary protected information disclosed to or otherwise held by a police agency for the purpose of the exercise of a driver fatigue compliance function, to disclose the information to another police agency authorised to hold electronic work diary protected information for the purpose of the exercise of a driver fatigue compliance function.\nTo remove any doubt, it is declared that a reference in this Part to the disclosure of protected information or electronic work diary protected information to an entity includes a reference to the disclosure of the information to a duly authorised employee or agent of the entity.\nsch s 727 ins 2013 No. 4 s 12\namd 2015 No. 12 s 60 (4) – (8)\n(sec.727-ssec.1) In this Part— authorised use , for protected information, means— use by a person— in the exercise of a function under this Law; or where use of the information is required or authorised under this Law (whether explicitly or by implication); or use by a public authority or law enforcement agency— for the administration or enforcement of a law or the exercise of another function of the authority or agency, including, for example, investigating a contravention or suspected contravention of a law; or if a law authorises, requires or permits the disclosure of the information to, and the use of the information by, the authority or agency; or use by a court or tribunal in a proceeding under an Australian road law; or use by a court or tribunal if an order of the court or tribunal requires the disclosure of the information to the court or tribunal; or an activity associated with preventing or minimising— a risk of danger to the life of a person; or a risk of serious harm to the health of a person; or a risk to public safety; or a use authorised by the person to whom the information relates; or research purposes if the information contains no personal information; or use by an entity (whether public or private) in connection with road tolls; or use by an entity (whether public or private) in connection with the administration of third party insurance legislation; or use by an entity (whether public or private) for the purpose of determining the registration status of a heavy vehicle; or a use required or authorised under a relevant law of a participating jurisdiction; or a use prescribed by the national regulations; or a use referred to in subsection (2) . driver fatigue compliance function means a function exercised for the purpose of— the administration or enforcement of a driver fatigue provision; or education, evaluation and similar activities supporting administration or enforcement of a driver fatigue provision. sch s 727 def driver fatigue compliance function ins 2015 No. 12 s 60 (1) amd 2025 No. 26 s 148 (uncommenced amendment) driver fatigue provision means any of the following— Chapter 1A to the extent the Chapter relates to driver fatigue; Chapter 6 ; Chapter 8 to the extent the Chapter relates to BFM accreditation or AFM accreditation; Division 8 of Part 9.3 ; Chapter 9 , other than Division 8 of Part 9.3 , to the extent the Chapter applies to the enforcement of provisions mentioned in paragraphs (aa), (a) and (b). sch s 727 def driver fatigue provision ins 2015 No. 12 s 60 (1) amd 2018 No. 18 s 33 (1) – (2) electronic work diary authorised use , for electronic work diary protected information, means— use by a person— in the exercise of a driver fatigue compliance function; or not in the exercise of a driver fatigue compliance function but authorised under a warrant mentioned in section 729B ; or use by a person in the exercise of a function under another law if a warrant issued by a judge or magistrate under the other law or a different law authorises or permits the use of the information by the person; or use by a court or tribunal in a proceeding under an Australian road law; or use by a court or tribunal if an order of the court or tribunal requires the disclosure of the information to the court or tribunal; or research purposes if the information contains no personal information; or use prescribed by the national regulations; or use referred to in subsection (3) . sch s 727 def electronic work diary authorised use ins 2015 No. 12 s 60 (1) electronic work diary information means information generated, recorded, stored, displayed, analysed, transmitted or reported by an approved electronic recording system that constitutes an electronic work diary, or of which an electronic work diary is a part. sch s 727 def electronic work diary information ins 2015 No. 12 s 60 (1) electronic work diary protected information — means electronic work diary information; but does not include the following— information obtained, collected or recorded other than for the purposes of Chapter 1A to the extent the Chapter relates to driver fatigue or Chapter 6 (the driver fatigue purposes ), even if the information is— coincidentally relevant for a driver fatigue purpose; and recorded in an electronic work diary; or information relating to proceedings before a relevant tribunal or court that are or were open to the public. sch s 727 def electronic work diary protected information ins 2015 No. 12 s 60 (1) amd 2018 No. 18 s 33 (3) police agency means a police force or police service (however called) of a participating jurisdiction, and includes an entity prescribed by the Application Act of this jurisdiction as an entity included in this definition. protected information — means information obtained in the course of administering this Law or because of an opportunity provided by involvement in administering this Law; but does not include— intelligent access program information; or See Chapter 7 for the restrictions on the use and disclosure of intelligent access program information. information mentioned in paragraph (a) in a form that does not identify a person; or information relating to proceedings before a relevant tribunal or court that are or were open to the public; or electronic work diary protected information. sch s 727 def protected information amd 2015 No. 12 s 60 (2) – (3) ; 2016 No. 65 s 139 relevant law , of a participating jurisdiction, means a law specified for this definition in a law of the jurisdiction.\n(sec.727-ssec.2) It is also an authorised use, for protected information disclosed to or otherwise held by a police agency for any purpose or for a particular purpose, to disclose the information to another police agency authorised to hold protected information (whether or not for the same purpose).\n(sec.727-ssec.3) It is also an authorised use, for electronic work diary protected information disclosed to or otherwise held by a police agency for the purpose of the exercise of a driver fatigue compliance function, to disclose the information to another police agency authorised to hold electronic work diary protected information for the purpose of the exercise of a driver fatigue compliance function.\n(sec.727-ssec.4) To remove any doubt, it is declared that a reference in this Part to the disclosure of protected information or electronic work diary protected information to an entity includes a reference to the disclosure of the information to a duly authorised employee or agent of the entity.\n- (a) use by a person— (i) in the exercise of a function under this Law; or (ii) where use of the information is required or authorised under this Law (whether explicitly or by implication); or\n- (i) in the exercise of a function under this Law; or\n- (ii) where use of the information is required or authorised under this Law (whether explicitly or by implication); or\n- (b) use by a public authority or law enforcement agency— (i) for the administration or enforcement of a law or the exercise of another function of the authority or agency, including, for example, investigating a contravention or suspected contravention of a law; or (ii) if a law authorises, requires or permits the disclosure of the information to, and the use of the information by, the authority or agency; or\n- (i) for the administration or enforcement of a law or the exercise of another function of the authority or agency, including, for example, investigating a contravention or suspected contravention of a law; or\n- (ii) if a law authorises, requires or permits the disclosure of the information to, and the use of the information by, the authority or agency; or\n- (c) use by a court or tribunal in a proceeding under an Australian road law; or\n- (d) use by a court or tribunal if an order of the court or tribunal requires the disclosure of the information to the court or tribunal; or\n- (e) an activity associated with preventing or minimising— (i) a risk of danger to the life of a person; or (ii) a risk of serious harm to the health of a person; or (iii) a risk to public safety; or\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- (f) a use authorised by the person to whom the information relates; or\n- (g) research purposes if the information contains no personal information; or\n- (h) use by an entity (whether public or private) in connection with road tolls; or\n- (i) use by an entity (whether public or private) in connection with the administration of third party insurance legislation; or\n- (j) use by an entity (whether public or private) for the purpose of determining the registration status of a heavy vehicle; or\n- (k) a use required or authorised under a relevant law of a participating jurisdiction; or\n- (l) a use prescribed by the national regulations; or\n- (m) a use referred to in subsection (2) .\n- (i) in the exercise of a function under this Law; or\n- (ii) where use of the information is required or authorised under this Law (whether explicitly or by implication); or\n- (i) for the administration or enforcement of a law or the exercise of another function of the authority or agency, including, for example, investigating a contravention or suspected contravention of a law; or\n- (ii) if a law authorises, requires or permits the disclosure of the information to, and the use of the information by, the authority or agency; or\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- (a) the administration or enforcement of a driver fatigue provision; or\n- (b) education, evaluation and similar activities supporting administration or enforcement of a driver fatigue provision.\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 or AFM accreditation;\n- (c) Division 8 of Part 9.3 ;\n- (d) Chapter 9 , other than Division 8 of Part 9.3 , to the extent the Chapter applies to the enforcement of provisions mentioned in paragraphs (aa), (a) and (b).\n- (a) use by a person— (i) in the exercise of a driver fatigue compliance function; or (ii) not in the exercise of a driver fatigue compliance function but authorised under a warrant mentioned in section 729B ; or\n- (i) in the exercise of a driver fatigue compliance function; or\n- (ii) not in the exercise of a driver fatigue compliance function but authorised under a warrant mentioned in section 729B ; or\n- (b) use by a person in the exercise of a function under another law if a warrant issued by a judge or magistrate under the other law or a different law authorises or permits the use of the information by the person; or\n- (c) use by a court or tribunal in a proceeding under an Australian road law; or\n- (d) use by a court or tribunal if an order of the court or tribunal requires the disclosure of the information to the court or tribunal; or\n- (e) research purposes if the information contains no personal information; or\n- (f) use prescribed by the national regulations; or\n- (g) use referred to in subsection (3) .\n- (i) in the exercise of a driver fatigue compliance function; or\n- (ii) not in the exercise of a driver fatigue compliance function but authorised under a warrant mentioned in section 729B ; or\n- (a) means electronic work diary information; but\n- (b) does not include the following— (i) information obtained, collected or recorded other than for the purposes of Chapter 1A to the extent the Chapter relates to driver fatigue or Chapter 6 (the driver fatigue purposes ), even if the information is— (A) coincidentally relevant for a driver fatigue purpose; and (B) recorded in an electronic work diary; or (ii) information relating to proceedings before a relevant tribunal or court that are or were open to the public.\n- (i) information obtained, collected or recorded other than for the purposes of Chapter 1A to the extent the Chapter relates to driver fatigue or Chapter 6 (the driver fatigue purposes ), even if the information is— (A) coincidentally relevant for a driver fatigue purpose; and (B) recorded in an electronic work diary; or\n- (A) coincidentally relevant for a driver fatigue purpose; and\n- (B) recorded in an electronic work diary; or\n- (ii) information relating to proceedings before a relevant tribunal or court that are or were open to the public.\n- (i) information obtained, collected or recorded other than for the purposes of Chapter 1A to the extent the Chapter relates to driver fatigue or Chapter 6 (the driver fatigue purposes ), even if the information is— (A) coincidentally relevant for a driver fatigue purpose; and (B) recorded in an electronic work diary; or\n- (A) coincidentally relevant for a driver fatigue purpose; and\n- (B) recorded in an electronic work diary; or\n- (ii) information relating to proceedings before a relevant tribunal or court that are or were open to the public.\n- (A) coincidentally relevant for a driver fatigue purpose; and\n- (B) recorded in an electronic work diary; or\n- (a) means information obtained in the course of administering this Law or because of an opportunity provided by involvement in administering this Law; but\n- (b) does not include— (i) intelligent access program information; or Note— See Chapter 7 for the restrictions on the use and disclosure of intelligent access program information. (ii) information mentioned in paragraph (a) in a form that does not identify a person; or (iii) information relating to proceedings before a relevant tribunal or court that are or were open to the public; or (iv) electronic work diary protected information.\n- (i) intelligent access program information; or Note— See Chapter 7 for the restrictions on the use and disclosure of intelligent access program information.\n- (ii) information mentioned in paragraph (a) in a form that does not identify a person; or\n- (iii) information relating to proceedings before a relevant tribunal or court that are or were open to the public; or\n- (iv) electronic work diary protected information.\n- (i) intelligent access program information; or Note— See Chapter 7 for the restrictions on the use and disclosure of intelligent access program information.\n- (ii) information mentioned in paragraph (a) in a form that does not identify a person; or\n- (iii) information relating to proceedings before a relevant tribunal or court that are or were open to the public; or\n- (iv) electronic work diary protected information.","sortOrder":1069},{"sectionNumber":"sec.728","sectionType":"section","heading":"Duty of confidentiality for protected information","content":"### sec.728 Duty of confidentiality for protected information\n\nA person who is, or has been, a person exercising functions under this Law must not disclose protected information to another person.\nMaximum penalty—$20000.\nHowever, subsection (1) does not apply to the Regulator—\ndisclosing protected information in the form of a confirmation that a stated person is the registered operator of a stated heavy vehicle; or\ndisclosing details of heavy vehicles registered in a person’s name to an executor or administrator of that person’s deceased estate.\nAlso, subsection (1) does not apply if—\nthe disclosure is to an entity for an authorised use; or\nthe disclosure is to, or made with the agreement of, the person to whom the information relates.\nsch s 728 ins 2013 No. 4 s 12\namd 2015 No. 12 s 61\n(sec.728-ssec.1) A person who is, or has been, a person exercising functions under this Law must not disclose protected information to another person. Maximum penalty—$20000.\n(sec.728-ssec.2) However, subsection (1) does not apply to the Regulator— disclosing protected information in the form of a confirmation that a stated person is the registered operator of a stated heavy vehicle; or disclosing details of heavy vehicles registered in a person’s name to an executor or administrator of that person’s deceased estate.\n(sec.728-ssec.3) Also, subsection (1) does not apply if— the disclosure is to an entity for an authorised use; or the disclosure is to, or made with the agreement of, the person to whom the information relates.\n- (a) disclosing protected information in the form of a confirmation that a stated person is the registered operator of a stated heavy vehicle; or\n- (b) disclosing details of heavy vehicles registered in a person’s name to an executor or administrator of that person’s deceased estate.\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 to whom the information relates.","sortOrder":1070},{"sectionNumber":"sec.728A","sectionType":"section","heading":"Duty of confidentiality for electronic work diary protected information","content":"### sec.728A Duty of confidentiality for electronic work diary protected information\n\nA person who is, or has been, a person exercising functions under this Law must not disclose electronic work diary protected information to another person.\nMaximum penalty—$20000.\nSubsection (1) does not apply if—\nthe disclosure is to an entity for an electronic work diary authorised use; or\nthe disclosure is to, or made with the agreement of, the person to whom the information relates.\nsch s 728A ins 2015 No. 12 s 62\n(sec.728A-ssec.1) A person who is, or has been, a person exercising functions under this Law must not disclose electronic work diary protected information to another person. Maximum penalty—$20000.\n(sec.728A-ssec.2) Subsection (1) does not apply if— the disclosure is to an entity for an electronic work diary authorised use; or the disclosure is to, or made with the agreement of, the person to whom the information relates.\n- (a) the disclosure is to an entity for an electronic work diary authorised use; or\n- (b) the disclosure is to, or made with the agreement of, the person to whom the information relates.","sortOrder":1071},{"sectionNumber":"sec.729","sectionType":"section","heading":"Protected information only to be used for authorised use","content":"### sec.729 Protected information only to be used for authorised use\n\nA person who is, or has been, a person exercising functions under this Law must not use protected information other than for an authorised use.\nMaximum penalty—$20000.\nHowever, subsection (1) does not apply to the Regulator using protected information for making a disclosure mentioned in section 728 (2) .\nA person to whom protected information is disclosed under section 728 (3) (a) must not use the protected information other than for the authorised use for which it was disclosed to the person.\nMaximum penalty—$20000.\nsch s 729 ins 2013 No. 4 s 12\n(sec.729-ssec.1) A person who is, or has been, a person exercising functions under this Law must not use protected information other than for an authorised use. Maximum penalty—$20000.\n(sec.729-ssec.2) However, subsection (1) does not apply to the Regulator using protected information for making a disclosure mentioned in section 728 (2) .\n(sec.729-ssec.3) A person to whom protected information is disclosed under section 728 (3) (a) must not use the protected information other than for the authorised use for which it was disclosed to the person. Maximum penalty—$20000.","sortOrder":1072},{"sectionNumber":"sec.729A","sectionType":"section","heading":"Electronic work diary protected information only to be used for electronic work diary authorised use","content":"### sec.729A Electronic work diary protected information only to be used for electronic work diary authorised use\n\nA person who is, or has been, a person exercising functions under this Law must not use electronic work diary protected information other than for an electronic work diary authorised use.\nMaximum penalty—$20000.\nA person to whom electronic work diary protected information is disclosed under section 728A (2) (a) must not use the information other than for the electronic work diary authorised use for which it was disclosed to the person.\nMaximum penalty—$20000.\nsch s 729A ins 2015 No. 12 s 63\n(sec.729A-ssec.1) A person who is, or has been, a person exercising functions under this Law must not use electronic work diary protected information other than for an electronic work diary authorised use. Maximum penalty—$20000.\n(sec.729A-ssec.2) A person to whom electronic work diary protected information is disclosed under section 728A (2) (a) must not use the information other than for the electronic work diary authorised use for which it was disclosed to the person. Maximum penalty—$20000.","sortOrder":1073},{"sectionNumber":"sec.729B","sectionType":"section","heading":"Warrant authorising use of electronic work diary protected information","content":"### sec.729B Warrant authorising use of electronic work diary protected information\n\nA warrant issued under section 507 by an authorised warrant official who is a judge or magistrate may authorise electronic work diary protected information to be seized under the warrant.\nThe warrant must state the purpose for which the information may be used.\nAn authorised officer may apply for, and the authorised warrant official who is a judge or magistrate may issue, the warrant for entry of a vehicle at a place stated in the warrant or, despite sections 506 (1) and 507 (2) (a) , wherever the vehicle is located.\nChapter 9 does not authorise an authorised officer to obtain electronic work diary protected information for a purpose other than the enforcement of a driver fatigue provision unless the information is authorised to be seized under a warrant mentioned in subsection (1) .\nsch s 729B ins 2015 No. 12 s 63\n(sec.729B-ssec.1) A warrant issued under section 507 by an authorised warrant official who is a judge or magistrate may authorise electronic work diary protected information to be seized under the warrant.\n(sec.729B-ssec.2) The warrant must state the purpose for which the information may be used.\n(sec.729B-ssec.3) An authorised officer may apply for, and the authorised warrant official who is a judge or magistrate may issue, the warrant for entry of a vehicle at a place stated in the warrant or, despite sections 506 (1) and 507 (2) (a) , wherever the vehicle is located.\n(sec.729B-ssec.4) Chapter 9 does not authorise an authorised officer to obtain electronic work diary protected information for a purpose other than the enforcement of a driver fatigue provision unless the information is authorised to be seized under a warrant mentioned in subsection (1) .","sortOrder":1074},{"sectionNumber":"sch-inc-ch.13-pt.13.5","sectionType":"part","heading":"National regulations","content":"# National regulations","sortOrder":1075},{"sectionNumber":"sec.730","sectionType":"section","heading":"National regulations","content":"### sec.730 National regulations\n\nFor the purposes of this section, the designated authority is the Queensland Governor acting with the advice of the Executive Council of Queensland and on the unanimous recommendation of the responsible Ministers.\nThe designated authority may make regulations for the purposes of this Law.\nThe regulations may provide for—\nany matter a provision of this Law states may be provided for in the regulations; and\nthe imposition of a maximum fine for a contravention of a provision of the regulations of not more than—\nfor a contravention by an individual—$4000; or\nin any other case—$20000; and\nHowever, a maximum fine imposed by the regulations may be increased under section 737 to a higher amount.\nany other matter that is necessary or convenient to be prescribed for carrying out or giving effect to this Law.\nSubsection (3) (b) does not require a provision of the regulations prescribing a maximum fine for an offence to expressly prescribe a maximum fine for a body corporate different to the maximum fine for an individual.\nSee section 596 in relation to a provision of the regulations prescribing a maximum fine that does not expressly prescribe a maximum fine for a body corporate different to the maximum fine for an individual.\nIn this section—\nQueensland Governor means the Governor of the State of Queensland and includes—\na person acting under a delegation under section 40 of the Constitution of Queensland 2001 ; and\na person for the time being administering the Government of Queensland under section 41 of the Constitution of Queensland 2001 .\nsch s 730 ins 2013 No. 4 s 12\namd 2018 No. 18 s 34\n_____\nsch s 730A ins 2025 No. 26 s 149 (uncommenced amendment)\n(sec.730-ssec.1) For the purposes of this section, the designated authority is the Queensland Governor acting with the advice of the Executive Council of Queensland and on the unanimous recommendation of the responsible Ministers.\n(sec.730-ssec.2) The designated authority may make regulations for the purposes of this Law.\n(sec.730-ssec.3) The regulations may provide for— any matter a provision of this Law states may be provided for in the regulations; and the imposition of a maximum fine for a contravention of a provision of the regulations of not more than— for a contravention by an individual—$4000; or in any other case—$20000; and However, a maximum fine imposed by the regulations may be increased under section 737 to a higher amount. any other matter that is necessary or convenient to be prescribed for carrying out or giving effect to this Law.\n(sec.730-ssec.4) Subsection (3) (b) does not require a provision of the regulations prescribing a maximum fine for an offence to expressly prescribe a maximum fine for a body corporate different to the maximum fine for an individual. See section 596 in relation to a provision of the regulations prescribing a maximum fine that does not expressly prescribe a maximum fine for a body corporate different to the maximum fine for an individual.\n(sec.730-ssec.5) In this section— Queensland Governor means the Governor of the State of Queensland and includes— a person acting under a delegation under section 40 of the Constitution of Queensland 2001 ; and a person for the time being administering the Government of Queensland under section 41 of the Constitution of Queensland 2001 .\n- (a) any matter a provision of this Law states may be provided for in the regulations; and\n- (b) the imposition of a maximum fine for a contravention of a provision of the regulations of not more than— (i) for a contravention by an individual—$4000; or (ii) in any other case—$20000; and Note— However, a maximum fine imposed by the regulations may be increased under section 737 to a higher amount.\n- (i) for a contravention by an individual—$4000; or\n- (ii) in any other case—$20000; and\n- (c) any other matter that is necessary or convenient to be prescribed for carrying out or giving effect to this Law.\n- (i) for a contravention by an individual—$4000; or\n- (ii) in any other case—$20000; and\n- (a) a person acting under a delegation under section 40 of the Constitution of Queensland 2001 ; and\n- (b) a person for the time being administering the Government of Queensland under section 41 of the Constitution of Queensland 2001 .","sortOrder":1076},{"sectionNumber":"sec.731","sectionType":"section","heading":"National regulations for approved vehicle examiners","content":"### sec.731 National regulations for approved vehicle examiners\n\nWithout limiting any other provision of this Law, the national regulations may provide for—\nthe approval of classes of vehicle examiners to inspect vehicles for the purposes of this Law; and\nthe role of the Regulator in approving classes of vehicle examiners and persons as vehicle examiners; and\nprobity requirements for becoming and being approved vehicle examiners; and\nthe functions of approved vehicle examiners or classes of approved vehicle examiners, including, for example—\nthe examination and testing of heavy vehicles and equipment; and\nthe oversight of entities involved in the inspection or repair of heavy vehicles; and\nthe clearance of vehicle defect notices; and\nthe premises or location where functions of approved vehicle examiners are permitted to be conducted and any matters relating to the premises or location where those functions are conducted; and\nthe facilities and equipment that approved vehicle examiners are required to have in connection with the exercise of their functions; and\nthe terms and conditions of approval of persons as vehicle examiners (including, for example, fees, qualifications and responsibilities); and\nprocedures for monitoring and auditing compliance with—\nthe terms and conditions of approval of a person as a vehicle examiner; and\nthe relevant provisions of this Law and any applicable code of practice prescribed by the national regulations; and\nany other relevant requirements; and\nthe discipline of, and disciplinary procedures applying to, approved vehicle examiners and entities having responsibility for their functions (including directors, managers and employees), whether—\nby way of monetary penalties, restriction on functions, imposition of conditions, variation of terms of appointment, suspension of appointment, cancellation of appointment; or\nin some other way.\nThe national regulations may make provision with respect to vehicle examiners (however described) appointed or authorised under a law of any participating jurisdiction and entities having responsibility for their functions (including directors, managers and employees), including processes relating to discipline and disciplinary procedures applying to them.\nsch s 731 ins 2013 No. 4 s 12\n(sec.731-ssec.1) Without limiting any other provision of this Law, the national regulations may provide for— the approval of classes of vehicle examiners to inspect vehicles for the purposes of this Law; and the role of the Regulator in approving classes of vehicle examiners and persons as vehicle examiners; and probity requirements for becoming and being approved vehicle examiners; and the functions of approved vehicle examiners or classes of approved vehicle examiners, including, for example— the examination and testing of heavy vehicles and equipment; and the oversight of entities involved in the inspection or repair of heavy vehicles; and the clearance of vehicle defect notices; and the premises or location where functions of approved vehicle examiners are permitted to be conducted and any matters relating to the premises or location where those functions are conducted; and the facilities and equipment that approved vehicle examiners are required to have in connection with the exercise of their functions; and the terms and conditions of approval of persons as vehicle examiners (including, for example, fees, qualifications and responsibilities); and procedures for monitoring and auditing compliance with— the terms and conditions of approval of a person as a vehicle examiner; and the relevant provisions of this Law and any applicable code of practice prescribed by the national regulations; and any other relevant requirements; and the discipline of, and disciplinary procedures applying to, approved vehicle examiners and entities having responsibility for their functions (including directors, managers and employees), whether— by way of monetary penalties, restriction on functions, imposition of conditions, variation of terms of appointment, suspension of appointment, cancellation of appointment; or in some other way.\n(sec.731-ssec.2) The national regulations may make provision with respect to vehicle examiners (however described) appointed or authorised under a law of any participating jurisdiction and entities having responsibility for their functions (including directors, managers and employees), including processes relating to discipline and disciplinary procedures applying to them.\n- (a) the approval of classes of vehicle examiners to inspect vehicles for the purposes of this Law; and\n- (b) the role of the Regulator in approving classes of vehicle examiners and persons as vehicle examiners; and\n- (c) probity requirements for becoming and being approved vehicle examiners; and\n- (d) the functions of approved vehicle examiners or classes of approved vehicle examiners, including, for example— (i) the examination and testing of heavy vehicles and equipment; and (ii) the oversight of entities involved in the inspection or repair of heavy vehicles; and (iii) the clearance of vehicle defect notices; and\n- (i) the examination and testing of heavy vehicles and equipment; and\n- (ii) the oversight of entities involved in the inspection or repair of heavy vehicles; and\n- (iii) the clearance of vehicle defect notices; and\n- (e) the premises or location where functions of approved vehicle examiners are permitted to be conducted and any matters relating to the premises or location where those functions are conducted; and\n- (f) the facilities and equipment that approved vehicle examiners are required to have in connection with the exercise of their functions; and\n- (g) the terms and conditions of approval of persons as vehicle examiners (including, for example, fees, qualifications and responsibilities); and\n- (h) procedures for monitoring and auditing compliance with— (i) the terms and conditions of approval of a person as a vehicle examiner; and (ii) the relevant provisions of this Law and any applicable code of practice prescribed by the national regulations; and (iii) any other relevant requirements; and\n- (i) the terms and conditions of approval of a person as a vehicle examiner; and\n- (ii) the relevant provisions of this Law and any applicable code of practice prescribed by the national regulations; and\n- (iii) any other relevant requirements; and\n- (i) the discipline of, and disciplinary procedures applying to, approved vehicle examiners and entities having responsibility for their functions (including directors, managers and employees), whether— (i) by way of monetary penalties, restriction on functions, imposition of conditions, variation of terms of appointment, suspension of appointment, cancellation of appointment; or (ii) in some other way.\n- (i) by way of monetary penalties, restriction on functions, imposition of conditions, variation of terms of appointment, suspension of appointment, cancellation of appointment; or\n- (ii) in some other way.\n- (i) the examination and testing of heavy vehicles and equipment; and\n- (ii) the oversight of entities involved in the inspection or repair of heavy vehicles; and\n- (iii) the clearance of vehicle defect notices; and\n- (i) the terms and conditions of approval of a person as a vehicle examiner; and\n- (ii) the relevant provisions of this Law and any applicable code of practice prescribed by the national regulations; and\n- (iii) any other relevant requirements; and\n- (i) by way of monetary penalties, restriction on functions, imposition of conditions, variation of terms of appointment, suspension of appointment, cancellation of appointment; or\n- (ii) in some other way.","sortOrder":1077},{"sectionNumber":"sec.732","sectionType":"section","heading":"National regulations for publication of agreements for services to States or Territories","content":"### sec.732 National regulations for publication of agreements for services to States or Territories\n\nWithout limiting any other provision of this Law, the national regulations may provide that particular matters contained in or relating to agreements referred to section 658 (2) are to be published on the Regulator’s website.\nsch s 732 ins 2013 No. 4 s 12","sortOrder":1078},{"sectionNumber":"sec.733","sectionType":"section","heading":"Publication of national regulations","content":"### sec.733 Publication of national regulations\n\nThe national regulations are to be published on the NSW legislation website in accordance with Part 6A of the Interpretation Act 1987 of New South Wales.\nA regulation commences on the day or days specified in the regulation for its commencement (being not earlier than the date it is published).\nsch s 733 ins 2013 No. 4 s 12\n(sec.733-ssec.1) The national regulations are to be published on the NSW legislation website in accordance with Part 6A of the Interpretation Act 1987 of New South Wales.\n(sec.733-ssec.2) A regulation commences on the day or days specified in the regulation for its commencement (being not earlier than the date it is published).","sortOrder":1079},{"sectionNumber":"sec.734","sectionType":"section","heading":"Scrutiny of national regulations","content":"### sec.734 Scrutiny of national regulations\n\nThe responsible Minister for a participating jurisdiction is to refer any adverse report about a national regulation from a legislation scrutiny body for that jurisdiction to the responsible Ministers for consideration and advice.\nThe responsible Ministers are to prepare advice on the adverse report and provide a report to the relevant responsible Minister about the issues raised.\nThe report by the responsible Ministers is to be provided to the responsible Minister in sufficient time to ensure the responsible Minister can provide the response to the relevant scrutiny body within a period that is appropriate in the circumstances.\nSubsections (1) to (3) do not affect any legislative or other arrangements regarding scrutiny and disallowance in jurisdictions and do not limit a responsible Minister’s ability to respond independently to any issues raised by a legislation scrutiny body.\nIn this section—\nlegislation scrutiny body means a parliamentary committee (or other parliamentary body) whose functions include the scrutiny of regulations and other subordinate legislation.\nsch s 734 ins 2013 No. 4 s 12\n(sec.734-ssec.1) The responsible Minister for a participating jurisdiction is to refer any adverse report about a national regulation from a legislation scrutiny body for that jurisdiction to the responsible Ministers for consideration and advice.\n(sec.734-ssec.2) The responsible Ministers are to prepare advice on the adverse report and provide a report to the relevant responsible Minister about the issues raised.\n(sec.734-ssec.3) The report by the responsible Ministers is to be provided to the responsible Minister in sufficient time to ensure the responsible Minister can provide the response to the relevant scrutiny body within a period that is appropriate in the circumstances.\n(sec.734-ssec.4) Subsections (1) to (3) do not affect any legislative or other arrangements regarding scrutiny and disallowance in jurisdictions and do not limit a responsible Minister’s ability to respond independently to any issues raised by a legislation scrutiny body.\n(sec.734-ssec.5) In this section— legislation scrutiny body means a parliamentary committee (or other parliamentary body) whose functions include the scrutiny of regulations and other subordinate legislation.","sortOrder":1080},{"sectionNumber":"sch-inc-ch.13-pt.13.6","sectionType":"part","heading":"Other","content":"# Other","sortOrder":1081},{"sectionNumber":"sec.735","sectionType":"section","heading":"Approved forms","content":"### sec.735 Approved forms\n\nThe Regulator may approve forms for use under this Law.\nThe approval of a form must be notified on the Regulator’s website.\nFailure to comply with subsection (2) does not affect a form’s validity.\nThe function of approving forms includes the function of approving the format of forms.\nsch s 735 ins 2013 No. 4 s 12\n(sec.735-ssec.1) The Regulator may approve forms for use under this Law.\n(sec.735-ssec.2) The approval of a form must be notified on the Regulator’s website.\n(sec.735-ssec.3) Failure to comply with subsection (2) does not affect a form’s validity.\n(sec.735-ssec.4) The function of approving forms includes the function of approving the format of forms.","sortOrder":1082},{"sectionNumber":"sec.735A","sectionType":"section","heading":"Legal professional privilege","content":"### sec.735A Legal professional privilege\n\nNothing in this Law compels a person to give information that is the subject of legal professional privilege to another person.\nsch s 735A ins 2016 No. 65 s 111","sortOrder":1083},{"sectionNumber":"sec.736","sectionType":"section","heading":"Penalty at end of provision","content":"### sec.736 Penalty at end of provision\n\nIn this Law, a penalty stated at the end of a provision indicates that an offence mentioned in the provision is punishable on conviction or, if no offence is mentioned, a contravention of the provision constitutes an offence against the provision that is punishable on conviction, by a penalty not more than the stated penalty.\nSee also section 596 in relation to maximum fines for bodies corporate.\nsch s 736 ins 2013 No. 4 s 12","sortOrder":1084},{"sectionNumber":"sec.737","sectionType":"section","heading":"Increase of penalty amounts","content":"### sec.737 Increase of penalty amounts\n\nThis section applies to the penalty stated at the end of a provision for an offence (including a penalty whose amount has already been increased by a previous application or applications of this section).\nAt the start of 1 July of each year, beginning with 1 July 2014, the amount of each penalty is increased, from the amount that applied immediately before that 1 July, in accordance with the method prescribed by the national regulations for the purposes of this section.\nIn some circumstances, the operation of the method can result in no increases occurring on a particular 1 July.\nTo remove any doubt, the maximum fine limits mentioned in section 730 (3) (b) do not limit the application of subsection (2) .\nA recommendation of the responsible Ministers for national regulations prescribing a method for the increase of penalties can not be made unless the responsible Ministers are satisfied that the method generally accords with increases in relevant inflation indexes or similar indexes.\nAs soon as practicable but before 1 July of each year, the Regulator must publish on the Regulator’s website the amounts of each penalty applying as from that date.\nsch s 737 ins 2013 No. 4 s 12\namd 2018 No. 18 s 35\n(sec.737-ssec.1) This section applies to the penalty stated at the end of a provision for an offence (including a penalty whose amount has already been increased by a previous application or applications of this section).\n(sec.737-ssec.2) At the start of 1 July of each year, beginning with 1 July 2014, the amount of each penalty is increased, from the amount that applied immediately before that 1 July, in accordance with the method prescribed by the national regulations for the purposes of this section. In some circumstances, the operation of the method can result in no increases occurring on a particular 1 July.\n(sec.737-ssec.2A) To remove any doubt, the maximum fine limits mentioned in section 730 (3) (b) do not limit the application of subsection (2) .\n(sec.737-ssec.3) A recommendation of the responsible Ministers for national regulations prescribing a method for the increase of penalties can not be made unless the responsible Ministers are satisfied that the method generally accords with increases in relevant inflation indexes or similar indexes.\n(sec.737-ssec.4) As soon as practicable but before 1 July of each year, the Regulator must publish on the Regulator’s website the amounts of each penalty applying as from that date.","sortOrder":1085},{"sectionNumber":"sec.737A","sectionType":"section","heading":"Application of s 737 to new penalties","content":"### sec.737A Application of s 737 to new penalties\n\nThe enactment of a new penalty includes the enactment of an increase in the amount of penalty applying under section 737 , to take effect when the new penalty commences.\nFor applying section 737 under subsection (1) to a new penalty, the amount of penalty applying under section 737 is to be calculated as if—\nthe new penalty had commenced before 1 July 2014; and\nthe amount of penalty applying had been increased under section 737 (2) on 1 July 2014 and any later 1 July happening before the new penalty actually commences.\nIn this section—\nnew penalty means a penalty amount stated at the end of a provision for an offence inserted into this Law by an amending Act.\nsch s 737A ins 2018 No. 10 s 42\n(sec.737A-ssec.1) The enactment of a new penalty includes the enactment of an increase in the amount of penalty applying under section 737 , to take effect when the new penalty commences.\n(sec.737A-ssec.2) For applying section 737 under subsection (1) to a new penalty, the amount of penalty applying under section 737 is to be calculated as if— the new penalty had commenced before 1 July 2014; and the amount of penalty applying had been increased under section 737 (2) on 1 July 2014 and any later 1 July happening before the new penalty actually commences.\n(sec.737A-ssec.3) In this section— new penalty means a penalty amount stated at the end of a provision for an offence inserted into this Law by an amending Act.\n- (a) the new penalty had commenced before 1 July 2014; and\n- (b) the amount of penalty applying had been increased under section 737 (2) on 1 July 2014 and any later 1 July happening before the new penalty actually commences.","sortOrder":1086},{"sectionNumber":"sec.738","sectionType":"section","heading":"Service of documents","content":"### sec.738 Service of documents\n\nIf this Law requires or permits a document to be served on a person, the document may be served—\non an individual—\nby delivering it to the individual personally; or\nby leaving it at, or by sending it by post to, the address of the place of residence or business of the individual last known to the person serving the document; or\nby sending it by fax to a fax number notified to the sender by the individual as an address at which service of documents under this Law will be accepted; or\nby sending it by email to an internet address notified to the sender by the individual as an address at which service of documents under this Law will be accepted; or\non another person—\nby leaving it at, or by sending it by post to, the head office, a registered office or a principal office of the person; or\nby sending it by fax to a fax number notified to the sender by the person as an address at which service of documents under this Law will be accepted; or\nby sending it by email to an internet address notified to the sender by the person as an address at which service of documents under this Law will be accepted.\nSubsection (1) applies whether the expression ‘deliver’, ‘give’, ‘notify’, ‘send’ or ‘serve’ or another expression is used.\nSubsection (1) does not affect—\nthe operation of another law that authorises the service of a document otherwise than as provided in the subsection; or\nthe power of a court or tribunal to authorise service of a document otherwise than as provided in the subsection.\nsch s 738 ins 2013 No. 4 s 12\n(sec.738-ssec.1) If this Law requires or permits a document to be served on a person, the document may be served— on an individual— by delivering it to the individual personally; or by leaving it at, or by sending it by post to, the address of the place of residence or business of the individual last known to the person serving the document; or by sending it by fax to a fax number notified to the sender by the individual as an address at which service of documents under this Law will be accepted; or by sending it by email to an internet address notified to the sender by the individual as an address at which service of documents under this Law will be accepted; or on another person— by leaving it at, or by sending it by post to, the head office, a registered office or a principal office of the person; or by sending it by fax to a fax number notified to the sender by the person as an address at which service of documents under this Law will be accepted; or by sending it by email to an internet address notified to the sender by the person as an address at which service of documents under this Law will be accepted.\n(sec.738-ssec.2) Subsection (1) applies whether the expression ‘deliver’, ‘give’, ‘notify’, ‘send’ or ‘serve’ or another expression is used.\n(sec.738-ssec.3) Subsection (1) does not affect— the operation of another law that authorises the service of a document otherwise than as provided in the subsection; or the power of a court or tribunal to authorise service of a document otherwise than as provided in the subsection.\n- (a) on an individual— (i) by delivering it to the individual personally; or (ii) by leaving it at, or by sending it by post to, the address of the place of residence or business of the individual last known to the person serving the document; or (iii) by sending it by fax to a fax number notified to the sender by the individual as an address at which service of documents under this Law will be accepted; or (iv) by sending it by email to an internet address notified to the sender by the individual as an address at which service of documents under this Law will be accepted; or\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 the place of residence or business of the individual last known to the person serving the document; or\n- (iii) by sending it by fax to a fax number notified to the sender by the individual as an address at which service of documents under this Law will be accepted; or\n- (iv) by sending it by email to an internet address notified to the sender by the individual as an address at which service of documents under this Law will be accepted; or\n- (b) on another person— (i) by leaving it at, or by sending it by post to, the head office, a registered office or a principal office of the person; or (ii) by sending it by fax to a fax number notified to the sender by the person as an address at which service of documents under this Law will be accepted; or (iii) by sending it by email to an internet address notified to the sender by the person as an address at which service of documents under this Law will be accepted.\n- (i) by leaving it at, or by sending it by post to, the head office, a 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 by the person as an address at which service of documents under this Law will be accepted; or\n- (iii) by sending it by email to an internet address notified to the sender by the person as an address at which service of documents under this Law will be accepted.\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 the place of residence or business of the individual last known to the person serving the document; or\n- (iii) by sending it by fax to a fax number notified to the sender by the individual as an address at which service of documents under this Law will be accepted; or\n- (iv) by sending it by email to an internet address notified to the sender by the individual as an address at which service of documents under this Law will be accepted; or\n- (i) by leaving it at, or by sending it by post to, the head office, a 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 by the person as an address at which service of documents under this Law will be accepted; or\n- (iii) by sending it by email to an internet address notified to the sender by the person as an address at which service of documents under this Law will be accepted.\n- (a) the operation of another law that authorises the service of a document otherwise than as provided in the subsection; or\n- (b) the power of a court or tribunal to authorise service of a document otherwise than as provided in the subsection.","sortOrder":1087},{"sectionNumber":"sec.739","sectionType":"section","heading":"Service by post","content":"### sec.739 Service by post\n\nIf a document authorised or required to be served on a person under this Law is served by post, service of the document—\nmay be effected by properly addressing, prepaying and posting the document as a letter; and\nis taken to have been effected at the time at which the letter would be delivered in the ordinary course of post, unless the contrary is proved.\nSubsection (1) applies whether the expression ‘deliver’, ‘give’, ‘notify’, ‘send’ or ‘serve’ or another expression is used.\nsch s 739 ins 2013 No. 4 s 12\n(sec.739-ssec.1) If a document authorised or required to be served on a person under this Law is served by post, service of the document— may be effected by properly addressing, prepaying and posting the document as a letter; and is taken to have been effected at the time at which the letter would be delivered in the ordinary course of post, unless the contrary is proved.\n(sec.739-ssec.2) Subsection (1) applies whether the expression ‘deliver’, ‘give’, ‘notify’, ‘send’ or ‘serve’ or another expression is used.\n- (a) may be effected by properly addressing, prepaying and posting the document as a letter; and\n- (b) is taken to have been effected at the time at which the letter would be delivered in the ordinary course of post, unless the contrary is proved.","sortOrder":1088},{"sectionNumber":"sec.740","sectionType":"section","heading":"Fees","content":"### sec.740 Fees\n\nThe national regulations may prescribe the fees payable for the following—\nan application under this Law (whether or not another provision of this Law refers to payment of the prescribed fee for the application);\nthe issue of a work diary for the driver of a fatigue-regulated heavy vehicle.\nThe Regulator may set fees payable for the provision of a service in connection with the administration of this Law (other than fees mentioned in subsection (1) ).\nThe national regulations may provide that stated kinds of fees may be set by the Regulator for inspection services, except so far as those fees are provided for under another law of this jurisdiction.\nA fee set by the Regulator under subsection (2) or (3) must be an amount—\nthe Regulator considers reasonable; and\nthat is no more than the reasonable cost of providing the service.\nThe Regulator must publish a fee set by the Regulator under subsection (2) or (3) —\nin the Commonwealth Gazette; and\non the Regulator’s website.\nThe Regulator may waive payment of the whole or part of a fee in circumstances, or in circumstances of a kind, prescribed by the national regulations.\nIf a fee is prescribed for an application or any other matter under this Law, the decision-maker may decline to deal with the application or proceed with the other matter until the fee is paid.\nsch s 740 ins 2013 No. 4 s 12\n(sec.740-ssec.1) The national regulations may prescribe the fees payable for the following— an application under this Law (whether or not another provision of this Law refers to payment of the prescribed fee for the application); the issue of a work diary for the driver of a fatigue-regulated heavy vehicle.\n(sec.740-ssec.2) The Regulator may set fees payable for the provision of a service in connection with the administration of this Law (other than fees mentioned in subsection (1) ).\n(sec.740-ssec.3) The national regulations may provide that stated kinds of fees may be set by the Regulator for inspection services, except so far as those fees are provided for under another law of this jurisdiction.\n(sec.740-ssec.4) A fee set by the Regulator under subsection (2) or (3) must be an amount— the Regulator considers reasonable; and that is no more than the reasonable cost of providing the service.\n(sec.740-ssec.5) The Regulator must publish a fee set by the Regulator under subsection (2) or (3) — in the Commonwealth Gazette; and on the Regulator’s website.\n(sec.740-ssec.6) The Regulator may waive payment of the whole or part of a fee in circumstances, or in circumstances of a kind, prescribed by the national regulations.\n(sec.740-ssec.7) If a fee is prescribed for an application or any other matter under this Law, the decision-maker may decline to deal with the application or proceed with the other matter until the fee is paid.\n- (a) an application under this Law (whether or not another provision of this Law refers to payment of the prescribed fee for the application);\n- (b) the issue of a work diary for the driver of a fatigue-regulated heavy vehicle.\n- (a) the Regulator considers reasonable; and\n- (b) that is no more than the reasonable cost of providing the service.\n- (a) in the Commonwealth Gazette; and\n- (b) on the Regulator’s website.","sortOrder":1089},{"sectionNumber":"sec.740A","sectionType":"section","heading":"Increase of fee amounts","content":"### sec.740A Increase of fee amounts\n\nThis section applies to a fee payable under section 740 , including a fee whose amount has already been increased by a previous application or applications of this section.\nAt the start of 1 July of each year, starting with 1 July 2016, the amount of the fee is increased from the amount that applied immediately before that 1 July, in accordance with the method prescribed by the national regulations for the purposes of this section.\nIn some circumstances, the operation of the method can result in no increases occurring on a particular 1 July.\nA recommendation of the responsible Ministers for national regulations prescribing a method for the increase of fees may not be made unless the responsible Ministers are satisfied the method generally accords with increases in relevant inflation indexes or similar indexes.\nAs soon as practicable, but before 1 July of each year, the Regulator must, by public notice, publish the amounts of each fee applying as from that date.\nsch s 740A ins 2016 No. 65 s 137\n(sec.740A-ssec.1) This section applies to a fee payable under section 740 , including a fee whose amount has already been increased by a previous application or applications of this section.\n(sec.740A-ssec.2) At the start of 1 July of each year, starting with 1 July 2016, the amount of the fee is increased from the amount that applied immediately before that 1 July, in accordance with the method prescribed by the national regulations for the purposes of this section. In some circumstances, the operation of the method can result in no increases occurring on a particular 1 July.\n(sec.740A-ssec.3) A recommendation of the responsible Ministers for national regulations prescribing a method for the increase of fees may not be made unless the responsible Ministers are satisfied the method generally accords with increases in relevant inflation indexes or similar indexes.\n(sec.740A-ssec.4) As soon as practicable, but before 1 July of each year, the Regulator must, by public notice, publish the amounts of each fee applying as from that date.","sortOrder":1090},{"sectionNumber":"sec.741","sectionType":"section","heading":"Recovery of amounts payable under Law","content":"### sec.741 Recovery of amounts payable under Law\n\nA fee, charge or other amount payable under this Law is a debt due to the Regulator and may be recovered by action for a debt in a court of competent jurisdiction.\nA fee, charge or other amount payable under this Law may also be recovered in a proceeding for an offence against this Law.\nAn order made under subsection (2) —\ncan not be for an amount exceeding the monetary jurisdictional limit of the court in civil proceedings; and\nis taken to be, and is enforceable as, a judgment of the court sitting in civil proceedings.\nsch s 741 ins 2013 No. 4 s 12\n(sec.741-ssec.1) A fee, charge or other amount payable under this Law is a debt due to the Regulator and may be recovered by action for a debt in a court of competent jurisdiction.\n(sec.741-ssec.2) A fee, charge or other amount payable under this Law may also be recovered in a proceeding for an offence against this Law.\n(sec.741-ssec.3) An order made under subsection (2) — can not be for an amount exceeding the monetary jurisdictional limit of the court in civil proceedings; and is taken to be, and is enforceable as, a judgment of the court sitting in civil proceedings.\n- (a) can not be for an amount exceeding the monetary jurisdictional limit of the court in civil proceedings; and\n- (b) is taken to be, and is enforceable as, a judgment of the court sitting in civil proceedings.","sortOrder":1091},{"sectionNumber":"sec.742","sectionType":"section","heading":"Contracting out prohibited","content":"### sec.742 Contracting out prohibited\n\nA contract is void to the extent to which it—\nis contrary to this Law; or\npurports to annul, exclude, restrict or otherwise change the effect of a provision of this Law; or\npurports to require the payment or reimbursement by a person of all or part of a penalty that another person has been ordered to pay under this Law.\nThis section does not prevent the parties to a contract from including provisions in the contract imposing greater or more onerous obligations on an entity than are imposed by the requirements of this Law.\nThis section applies to contracts entered into before or after the commencement of this section.\nsch s 742 ins 2013 No. 4 s 12\namd 2016 No. 65 s 112\n(sec.742-ssec.1) A contract is void to the extent to which it— is contrary to this Law; or purports to annul, exclude, restrict or otherwise change the effect of a provision of this Law; or purports to require the payment or reimbursement by a person of all or part of a penalty that another person has been ordered to pay under this Law.\n(sec.742-ssec.2) This section does not prevent the parties to a contract from including provisions in the contract imposing greater or more onerous obligations on an entity than are imposed by the requirements of this Law.\n(sec.742-ssec.3) This section applies to contracts entered into before or after the commencement of this section.\n- (a) is contrary to this Law; or\n- (b) purports to annul, exclude, restrict or otherwise change the effect of a provision of this Law; or\n- (c) purports to require the payment or reimbursement by a person of all or part of a penalty that another person has been ordered to pay under this Law.","sortOrder":1092},{"sectionNumber":"sec.743","sectionType":"section","heading":"Other powers not affected","content":"### sec.743 Other powers not affected\n\nUnless otherwise provided in this Law, nothing in this Law affects any power a court, tribunal or official has apart from this Law.\nWithout limiting subsection (1) , nothing in this Law affects a power or obligation under another law to amend, suspend, cancel or otherwise deal with the registration of a heavy vehicle.\nsch s 743 ins 2013 No. 4 s 12\n(sec.743-ssec.1) Unless otherwise provided in this Law, nothing in this Law affects any power a court, tribunal or official has apart from this Law.\n(sec.743-ssec.2) Without limiting subsection (1) , nothing in this Law affects a power or obligation under another law to amend, suspend, cancel or otherwise deal with the registration of a heavy vehicle.","sortOrder":1093},{"sectionNumber":"sch-inc-ch.14-pt.14.1","sectionType":"part","heading":"Interim provisions relating to Ministers and Board","content":"# Interim provisions relating to Ministers and Board","sortOrder":1094},{"sectionNumber":"sec.744","sectionType":"section","heading":"Responsible Ministers","content":"### sec.744 Responsible Ministers\n\nThis section applies if a jurisdiction—\nis not a participating jurisdiction; but\nhas signed the Inter-governmental Agreement on Heavy Vehicle Regulatory Reform, as in force from time to time, between the Commonwealth of Australia and the States and Territories of Australia.\nThe jurisdiction may nominate a Minister to be the responsible Minister for the jurisdiction for the purposes of this Law until the prescribed day for the jurisdiction.\nUntil the prescribed day for the jurisdiction, the relevant provisions of this Law apply as if—\nthe jurisdiction were a participating jurisdiction; and\nthe Minister nominated under subsection (2) were the responsible Minister for the jurisdiction for the purposes of this Law.\nTo remove any doubt, it is declared that this section does not prevent the Minister nominated under subsection (2) being nominated as the responsible Minister for the jurisdiction after the participation day for the jurisdiction.\nIn this section—\nparticipation day , for a participating jurisdiction, means the day the jurisdiction became a participating jurisdiction.\nprescribed day , for a jurisdiction, means the earlier of the following—\nthe participation day for the jurisdiction;\n30 June 2014.\nrelevant provisions means the provisions of this Law relating to the functions of responsible Ministers under this Law other than section 652.\nsch s 744 ins 2013 No. 4 s 12\n(sec.744-ssec.1) This section applies if a jurisdiction— is not a participating jurisdiction; but has signed the Inter-governmental Agreement on Heavy Vehicle Regulatory Reform, as in force from time to time, between the Commonwealth of Australia and the States and Territories of Australia.\n(sec.744-ssec.2) The jurisdiction may nominate a Minister to be the responsible Minister for the jurisdiction for the purposes of this Law until the prescribed day for the jurisdiction.\n(sec.744-ssec.3) Until the prescribed day for the jurisdiction, the relevant provisions of this Law apply as if— the jurisdiction were a participating jurisdiction; and the Minister nominated under subsection (2) were the responsible Minister for the jurisdiction for the purposes of this Law.\n(sec.744-ssec.4) To remove any doubt, it is declared that this section does not prevent the Minister nominated under subsection (2) being nominated as the responsible Minister for the jurisdiction after the participation day for the jurisdiction.\n(sec.744-ssec.5) In this section— participation day , for a participating jurisdiction, means the day the jurisdiction became a participating jurisdiction. prescribed day , for a jurisdiction, means the earlier of the following— the participation day for the jurisdiction; 30 June 2014. relevant provisions means the provisions of this Law relating to the functions of responsible Ministers under this Law other than section 652.\n- (a) is not a participating jurisdiction; but\n- (b) has signed the Inter-governmental Agreement on Heavy Vehicle Regulatory Reform, as in force from time to time, between the Commonwealth of Australia and the States and Territories of Australia.\n- (a) the jurisdiction were a participating jurisdiction; and\n- (b) the Minister nominated under subsection (2) were the responsible Minister for the jurisdiction for the purposes of this Law.\n- (a) the participation day for the jurisdiction;\n- (b) 30 June 2014.","sortOrder":1095},{"sectionNumber":"sec.745","sectionType":"section","heading":"Exercise of powers by Board between enactment and commencement","content":"### sec.745 Exercise of powers by Board between enactment and commencement\n\nThis section applies if—\nunder section 30 of Schedule 1, the Queensland Minister, on the unanimous recommendation of the responsible Ministers, appoints the members of the Board before section 663 commences; and\na provision of this Law conferring a function on the Board (a relevant provision ) has not commenced.\nThe members—\nmay meet and exercise the function under the relevant provision in the same way and subject to the same conditions that would apply if the relevant provision had commenced; and\nin doing so, are entitled to be paid the remuneration and allowances to which the members are entitled under section 666 whether or not that section has commenced.\nFor the purposes of deciding the duration of the term of office of a member of the Board, the term does not start until section 663 commences despite the exercise of any function by the member under subsection (2).\nThe exercise of a function under a relevant provision does not confer a right, or impose a liability, on a person before the relevant provision commences.\nThis section does not limit section 30 of Schedule 1.\nsch s 745 ins 2013 No. 4 s 12\n(sec.745-ssec.1) This section applies if— under section 30 of Schedule 1, the Queensland Minister, on the unanimous recommendation of the responsible Ministers, appoints the members of the Board before section 663 commences; and a provision of this Law conferring a function on the Board (a relevant provision ) has not commenced.\n(sec.745-ssec.2) The members— may meet and exercise the function under the relevant provision in the same way and subject to the same conditions that would apply if the relevant provision had commenced; and in doing so, are entitled to be paid the remuneration and allowances to which the members are entitled under section 666 whether or not that section has commenced.\n(sec.745-ssec.3) For the purposes of deciding the duration of the term of office of a member of the Board, the term does not start until section 663 commences despite the exercise of any function by the member under subsection (2).\n(sec.745-ssec.4) The exercise of a function under a relevant provision does not confer a right, or impose a liability, on a person before the relevant provision commences.\n(sec.745-ssec.5) This section does not limit section 30 of Schedule 1.\n- (a) under section 30 of Schedule 1, the Queensland Minister, on the unanimous recommendation of the responsible Ministers, appoints the members of the Board before section 663 commences; and\n- (b) a provision of this Law conferring a function on the Board (a relevant provision ) has not commenced.\n- (a) may meet and exercise the function under the relevant provision in the same way and subject to the same conditions that would apply if the relevant provision had commenced; and\n- (b) in doing so, are entitled to be paid the remuneration and allowances to which the members are entitled under section 666 whether or not that section has commenced.","sortOrder":1096},{"sectionNumber":"sch-inc-ch.14-pt.14.2","sectionType":"part","heading":"General provisions","content":"# General provisions","sortOrder":1097},{"sectionNumber":"sec.746","sectionType":"section","heading":"Application of Part 14.2","content":"### sec.746 Application of Part 14.2\n\nThis Part has effect in relation to this jurisdiction except to the extent any law of this jurisdiction expressly or impliedly overrides a provision of this Part.\nNothing in this Part limits section 34 of Schedule 1, except to the extent that the context or subject matter otherwise indicates or requires.\nsch s 746 ins 2013 No. 4 s 12\n(sec.746-ssec.1) This Part has effect in relation to this jurisdiction except to the extent any law of this jurisdiction expressly or impliedly overrides a provision of this Part.\n(sec.746-ssec.2) Nothing in this Part limits section 34 of Schedule 1, except to the extent that the context or subject matter otherwise indicates or requires.","sortOrder":1098},{"sectionNumber":"sec.747","sectionType":"section","heading":"Definitions for Part 14.2","content":"### sec.747 Definitions for Part 14.2\n\nIn this Part—\ncommencement day , for this jurisdiction, means, with respect to a provision of this Law, the day this jurisdiction became a participating jurisdiction in relation to that provision.\ncurrent PBS scheme means the scheme in operation immediately before the commencement day relating to compliance with legislative requirements for heavy vehicles by reference to performance based standards, and comprises such of the following instruments as are in force immediately before the commencement day—\nthe Standards and Vehicle Assessment Rules as at 10 November 2008;\nthe Assessor Accreditation Rules (July 2007);\nthe Vehicle Certification Rules (July 2007);\nthe Network Classification Guidelines (July 2007);\nthe Guidelines for Determining National Operating Conditions (July 2007).\nformer legislation , of this jurisdiction, means legislation of this jurisdiction that is repealed on the participation day for this jurisdiction or is superseded by provisions of this Law on that day.\nparticipation day , for this jurisdiction, means the day this jurisdiction became a participating jurisdiction.\nrelevant instrument —\nmeans an application, permit, notice, authority or any other document; and\nwithout limiting paragraph (a), includes any document prescribed by a law of this jurisdiction as being within this definition; but\ndoes not include any document prescribed by a law of this jurisdiction as not being within this definition.\nsch s 747 ins 2013 No. 4 s 12\n- (a) the Standards and Vehicle Assessment Rules as at 10 November 2008;\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 (July 2007).\n- (a) means an application, permit, notice, authority or any other document; and\n- (b) without limiting paragraph (a), includes any document prescribed by a law of this jurisdiction as being within this definition; but\n- (c) does not include any document prescribed by a law of this jurisdiction as not being within this definition.","sortOrder":1099},{"sectionNumber":"sec.748","sectionType":"section","heading":"General savings and transitional provision","content":"### sec.748 General savings and transitional provision\n\nThis section applies if a provision of this Law corresponds to a provision of the former legislation.\nAnything done under the provision of the former legislation before the commencement day has effect as if—\nthis Law had been in force when the thing was done; and\nthe thing had been done under this Law; and\nany reference to a person in, or in relation to, the provision were a reference to the nearest equivalent person under this Law; and\nany reference in, or in relation to, the provision to another provision of the former legislation were a reference to the corresponding provision of this Law; and\nany other adaptations necessary to enable the thing to be effective under this Law have been made;\nand accordingly the thing is taken to have been done under this Law.\nSubsection (2) does not apply to the following—\nany appointment of a person as an authorised officer;\nany appointment of any other person who was employed by the department or body administering the former legislation;\nany prosecution of an offence that had not been completed immediately before the commencement day;\nany review or appeal, or anything related to a review or appeal, that was unresolved immediately before the commencement day;\nanything excluded from the operation of this section by the national regulations.\nAny prosecution, review or appeal referred to in subsection (3)(c) or (d) is to proceed as if the former legislation were still in force in the form it was in at the relevant time before the commencement day.\nOn the final completion of any prosecution, review or appeal referred to in subsection (3)(c) or (d), it is to be treated as if it had occurred under this Law.\nThe Regulator is not liable for anything the Regulator is taken to have done under this section that was done before the commencement day.\nProceedings are not to be commenced by the Regulator for an offence arising from any action or inaction that was completed before the commencement day, but nothing in this section affects the commencement of proceedings by another person.\nThe national regulations may provide for, and from commencement day could always provide for—\nthe issue of mass or dimension authorities or HML declarations in replacement of instruments or authorisations preserved under subsection (2), without further procedural requirements under the Law; and\nthe further preservation of anything not covered by the replacement.\nIn this section—\nHML declarations means HML declarations under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation .\nsch s 748 ins 2013 No. 4 s 12\namd 2015 No. 12 s 64\n(sec.748-ssec.1) This section applies if a provision of this Law corresponds to a provision of the former legislation.\n(sec.748-ssec.2) Anything done under the provision of the former legislation before the commencement day has effect as if— this Law had been in force when the thing was done; and the thing had been done under this Law; and any reference to a person in, or in relation to, the provision were a reference to the nearest equivalent person under this Law; and any reference in, or in relation to, the provision to another provision of the former legislation were a reference to the corresponding provision of this Law; and any other adaptations necessary to enable the thing to be effective under this Law have been made; and accordingly the thing is taken to have been done under this Law.\n(sec.748-ssec.3) Subsection (2) does not apply to the following— any appointment of a person as an authorised officer; any appointment of any other person who was employed by the department or body administering the former legislation; any prosecution of an offence that had not been completed immediately before the commencement day; any review or appeal, or anything related to a review or appeal, that was unresolved immediately before the commencement day; anything excluded from the operation of this section by the national regulations.\n(sec.748-ssec.4) Any prosecution, review or appeal referred to in subsection (3)(c) or (d) is to proceed as if the former legislation were still in force in the form it was in at the relevant time before the commencement day.\n(sec.748-ssec.5) On the final completion of any prosecution, review or appeal referred to in subsection (3)(c) or (d), it is to be treated as if it had occurred under this Law.\n(sec.748-ssec.6) The Regulator is not liable for anything the Regulator is taken to have done under this section that was done before the commencement day.\n(sec.748-ssec.7) Proceedings are not to be commenced by the Regulator for an offence arising from any action or inaction that was completed before the commencement day, but nothing in this section affects the commencement of proceedings by another person.\n(sec.748-ssec.8) The national regulations may provide for, and from commencement day could always provide for— the issue of mass or dimension authorities or HML declarations in replacement of instruments or authorisations preserved under subsection (2), without further procedural requirements under the Law; and the further preservation of anything not covered by the replacement.\n(sec.748-ssec.9) In this section— HML declarations means HML declarations under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation .\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 a reference to the nearest equivalent person under this Law; and\n- (d) any reference in, or in relation to, the provision to another provision of the former legislation were a reference to the corresponding provision of this Law; and\n- (e) any other adaptations necessary to enable the thing to be effective under this Law have been made;\n- (a) any appointment of a person as an authorised officer;\n- (b) any appointment of any other person who was employed by the department or body administering the former legislation;\n- (c) any prosecution of an offence that had not been completed immediately before the commencement day;\n- (d) any review or appeal, or anything related to a review or appeal, that was unresolved immediately before the commencement day;\n- (e) anything excluded from the operation of this section by the national regulations.\n- (a) the issue of mass or dimension authorities or HML declarations in replacement of instruments or authorisations preserved under subsection (2), without further procedural requirements under the Law; and\n- (b) the further preservation of anything not covered by the replacement.","sortOrder":1100},{"sectionNumber":"sec.749","sectionType":"section","heading":"Expiry of certain permits, exemptions, notices and authorities","content":"### sec.749 Expiry of certain permits, exemptions, notices and authorities\n\nThis section applies if a permit, exemption, notice or authority—\nis taken to have been made under this Law under section 748; and\nis not subject to an expiry date, or is subject to an expiry date—\nthat, in the case of a permit, exceeds 3 years after the commencement day; or\nthat in any other case exceeds 5 years after the commencement day.\nIn the case of a permit, it expires 3 years after the commencement day, unless it is cancelled before that day.\nIn the case of an exemption, notice or authority, it expires 5 years after the commencement day, unless it is cancelled before that day.\nDespite subsections (2) and (3), a modification approval granted in respect of a vehicle is to continue for the life of the vehicle.\nFor the purposes of this section, a permit that solely provides an exemption is to be considered to be an exemption.\nsch s 749 ins 2013 No. 4 s 12\n(sec.749-ssec.1) This section applies if a permit, exemption, notice or authority— is taken to have been made under this Law under section 748; and is not subject to an expiry date, or is subject to an expiry date— that, in the case of a permit, exceeds 3 years after the commencement day; or that in any other case exceeds 5 years after the commencement day.\n(sec.749-ssec.2) In the case of a permit, it expires 3 years after the commencement day, unless it is cancelled before that day.\n(sec.749-ssec.3) In the case of an exemption, notice or authority, it expires 5 years after the commencement day, unless it is cancelled before that day.\n(sec.749-ssec.4) Despite subsections (2) and (3), a modification approval granted in respect of a vehicle is to continue for the life of the vehicle.\n(sec.749-ssec.5) For the purposes of this section, a permit that solely provides an exemption is to be considered to be an exemption.\n- (a) is taken to have been made under this Law under section 748; and\n- (b) is not subject to an expiry date, or is subject to an expiry date— (i) that, in the case of a permit, exceeds 3 years after the commencement day; or (ii) that in any other case exceeds 5 years after the commencement day.\n- (i) that, in the case of a permit, exceeds 3 years after the commencement day; or\n- (ii) that in any other case exceeds 5 years after the commencement day.\n- (i) that, in the case of a permit, exceeds 3 years after the commencement day; or\n- (ii) that in any other case exceeds 5 years after the commencement day.","sortOrder":1101},{"sectionNumber":"sec.750","sectionType":"section","heading":"Amendment or cancellation of instruments carried over from former legislation","content":"### sec.750 Amendment or cancellation of instruments carried over from former legislation\n\nThis section applies to any instrument—\nthat is taken to have been made under this Law under section 748; and\nthat applies to more than one person and that confers a benefit on at least one person; and\nthat is of a class of instrument that is specified by the National Regulations for the purposes of this section.\nAn amendment or cancellation of part of the instrument by implication does not affect the remainder of the instrument.\nIf an instrument relates to mass and fatigue exemptions, a notice cancelling only the fatigue exemptions will not cancel the mass exemptions. The mass exemptions, and their associated conditions, will continue in force until they are separately amended, or until they expire.\nDespite anything to the contrary in this Law, if the instrument is amended or cancelled and the amendment or cancellation has the effect of removing or reducing the benefit previously conferred on a person by the instrument, the person may continue to enjoy the benefit as if the amendment or cancellation had not occurred until the instrument would have expired had the amendment or cancellation not occurred.\nDespite anything to the contrary in this Law other than subsection (3), the Regulator may amend or cancel the instrument simply by publishing a public notice of the amendment or cancellation.\nThe amendment or cancellation takes effect—\n28 days after the Commonwealth Gazette notice is published under subsection (4); or\nif a later time is stated in the Commonwealth Gazette notice, at the later time.\nThis section applies even to amendments and cancellations that occur by implication, and it is not necessary that the instrument being amended or cancelled be identified in the amending or cancelling notice.\nsch s 750 ins 2013 No. 4 s 12\namd 2018 No. 18 s 36\n(sec.750-ssec.1) This section applies to any instrument— that is taken to have been made under this Law under section 748; and that applies to more than one person and that confers a benefit on at least one person; and that is of a class of instrument that is specified by the National Regulations for the purposes of this section.\n(sec.750-ssec.2) An amendment or cancellation of part of the instrument by implication does not affect the remainder of the instrument. If an instrument relates to mass and fatigue exemptions, a notice cancelling only the fatigue exemptions will not cancel the mass exemptions. The mass exemptions, and their associated conditions, will continue in force until they are separately amended, or until they expire.\n(sec.750-ssec.3) Despite anything to the contrary in this Law, if the instrument is amended or cancelled and the amendment or cancellation has the effect of removing or reducing the benefit previously conferred on a person by the instrument, the person may continue to enjoy the benefit as if the amendment or cancellation had not occurred until the instrument would have expired had the amendment or cancellation not occurred.\n(sec.750-ssec.4) Despite anything to the contrary in this Law other than subsection (3), the Regulator may amend or cancel the instrument simply by publishing a public notice of the amendment or cancellation.\n(sec.750-ssec.5) The amendment or cancellation takes effect— 28 days after the Commonwealth Gazette notice is published under subsection (4); or if a later time is stated in the Commonwealth Gazette notice, at the later time.\n(sec.750-ssec.6) This section applies even to amendments and cancellations that occur by implication, and it is not necessary that the instrument being amended or cancelled be identified in the amending or cancelling notice.\n- (a) that is taken to have been made under this Law under section 748; and\n- (b) that applies to more than one person and that confers a benefit on at least one person; and\n- (c) that is of a class of instrument that is specified by the National Regulations for the purposes of this section.\n- (a) 28 days after the Commonwealth Gazette notice is published under subsection (4); or\n- (b) if a later time is stated in the Commonwealth Gazette notice, at the later time.","sortOrder":1102},{"sectionNumber":"sec.751","sectionType":"section","heading":"Expiry of industry codes of practice","content":"### sec.751 Expiry of industry codes of practice\n\nThis section applies if a code of practice—\nis taken to have been made under this Law under section 748; and\nis not subject to a review date, or is subject to a review date that exceeds 3 years after the commencement day.\nThe code of practice expires 3 years after the commencement day, unless it is cancelled before that day.\nsch s 751 ins 2013 No. 4 s 12\nom 2025 No. 26 s 150 (uncommenced amendment)\n(sec.751-ssec.1) This section applies if a code of practice— is taken to have been made under this Law under section 748; and is not subject to a review date, or is subject to a review date that exceeds 3 years after the commencement day.\n(sec.751-ssec.2) The code of practice expires 3 years after the commencement day, unless it is cancelled before that day.\n- (a) is taken to have been made under this Law under section 748; and\n- (b) is not subject to a review date, or is subject to a review date that exceeds 3 years after the commencement day.","sortOrder":1103},{"sectionNumber":"sec.752","sectionType":"section","heading":"Pending matters","content":"### sec.752 Pending matters\n\nThis section applies if—\nsection 748 applies to a relevant instrument (for example, an application); and\nany matter (for example, the determination of an application) is pending in respect of the instrument immediately before the participation day for this jurisdiction.\nWhen the matter is being dealt with on or after the participation day for this jurisdiction—\nthe Regulator (or other person having functions under this Law in relation to the matter) may have regard to any relevant provisions of the former legislation for this jurisdiction; and\nthis Law applies in relation to the matter—\nwith any adaptations the Regulator (or other person) considers appropriate to achieve consistency with provisions of the former legislation; and\nwith any necessary adaptations.\nsch s 752 ins 2013 No. 4 s 12\n(sec.752-ssec.1) This section applies if— section 748 applies to a relevant instrument (for example, an application); and any matter (for example, the determination of an application) is pending in respect of the instrument immediately before the participation day for this jurisdiction.\n(sec.752-ssec.2) When the matter is being dealt with on or after the participation day for this jurisdiction— the Regulator (or other person having functions under this Law in relation to the matter) may have regard to any relevant provisions of the former legislation for this jurisdiction; and this Law applies in relation to the matter— with any adaptations the Regulator (or other person) considers appropriate to achieve consistency with provisions of the former legislation; and with any necessary adaptations.\n- (a) section 748 applies to a relevant instrument (for example, an application); and\n- (b) any matter (for example, the determination of an application) is pending in respect of the instrument immediately before the participation day for this jurisdiction.\n- (a) the Regulator (or other person having functions under this Law in relation to the matter) may have regard to any relevant provisions of the former legislation for this jurisdiction; and\n- (b) this Law applies in relation to the matter— (i) with any adaptations the Regulator (or other person) considers appropriate to achieve consistency with provisions of the former legislation; and (ii) with any necessary adaptations.\n- (i) with any adaptations the Regulator (or other person) considers appropriate to achieve consistency with provisions of the former legislation; and\n- (ii) with any necessary adaptations.\n- (i) with any adaptations the Regulator (or other person) considers appropriate to achieve consistency with provisions of the former legislation; and\n- (ii) with any necessary adaptations.","sortOrder":1104},{"sectionNumber":"sec.753","sectionType":"section","heading":"Preservation of current PBS scheme","content":"### sec.753 Preservation of current PBS scheme\n\nThe instruments that comprise the current PBS scheme—\ncontinue in force on and from the commencement day despite the commencement of any provision of this Law; and\napply with any necessary or appropriate modifications with respect to any relevant provisions of this Law or any relevant functions of the Regulator; and\nso apply as if a reference in the instruments to the National Transport Commission included a reference to the Regulator.\nThis section ceases to apply to an instrument if it is replaced by approved guidelines or it is otherwise dispensed with.\nsch s 753 ins 2013 No. 4 s 12\n(sec.753-ssec.1) The instruments that comprise the current PBS scheme— continue in force on and from the commencement day despite the commencement of any provision of this Law; and apply with any necessary or appropriate modifications with respect to any relevant provisions of this Law or any relevant functions of the Regulator; and so apply as if a reference in the instruments to the National Transport Commission included a reference to the Regulator.\n(sec.753-ssec.2) This section ceases to apply to an instrument if it is replaced by approved guidelines or it is otherwise dispensed with.\n- (a) continue in force on and from the commencement day despite the commencement of any provision of this Law; and\n- (b) apply with any necessary or appropriate modifications with respect to any relevant provisions of this Law or any relevant functions of the Regulator; and\n- (c) so apply as if a reference in the instruments to the National Transport Commission included a reference to the Regulator.","sortOrder":1105},{"sectionNumber":"sec.754","sectionType":"section","heading":"Preservation of contracts for current PBS scheme","content":"### sec.754 Preservation of contracts for current PBS scheme\n\nThis section applies to a contract between the National Transport Commission and another person that relates to the appointment or functions of the person for the purposes of the current PBS scheme and that is in force immediately before the commencement day.\nA contract to which this section applies and the arrangements to which the contract relates—\ncontinue in force on and from the commencement day despite the commencement of any provision of this Law; and\napply with any necessary or appropriate modifications with respect to any relevant provisions of this Law or any relevant functions of the Regulator; and\nso apply as if a reference in the contract to the National Transport Commission included a reference to the Regulator.\nThis section ceases to apply to a contract with another person referred to in subsection (1) if—\nthe contract is terminated; or\na subsequent contract is entered into with the Regulator and the other person for a similar or a corresponding purpose.\nsch s 754 ins 2013 No. 4 s 12\n(sec.754-ssec.1) This section applies to a contract between the National Transport Commission and another person that relates to the appointment or functions of the person for the purposes of the current PBS scheme and that is in force immediately before the commencement day.\n(sec.754-ssec.2) A contract to which this section applies and the arrangements to which the contract relates— continue in force on and from the commencement day despite the commencement of any provision of this Law; and apply with any necessary or appropriate modifications with respect to any relevant provisions of this Law or any relevant functions of the Regulator; and so apply as if a reference in the contract to the National Transport Commission included a reference to the Regulator.\n(sec.754-ssec.3) This section ceases to apply to a contract with another person referred to in subsection (1) if— the contract is terminated; or a subsequent contract is entered into with the Regulator and the other person for a similar or a corresponding purpose.\n- (a) continue in force on and from the commencement day despite the commencement of any provision of this Law; and\n- (b) apply with any necessary or appropriate modifications with respect to any relevant provisions of this Law or any relevant functions of the Regulator; and\n- (c) so apply as if a reference in the contract to the National Transport Commission included a reference to the Regulator.\n- (a) the contract is terminated; or\n- (b) a subsequent contract is entered into with the Regulator and the other person for a similar or a corresponding purpose.","sortOrder":1106},{"sectionNumber":"sec.755","sectionType":"section","heading":"National regulations for savings and transitional matters","content":"### sec.755 National regulations for savings and transitional matters\n\nThe national regulations may contain provisions of a savings and transitional nature consequent on the enactment or commencement of provisions of this Law in a jurisdiction.\nAny such provision may, if the national regulations so provide, take effect in relation to this jurisdiction from the participation day for this jurisdiction or a later day.\nTo the extent any such provision takes effect from a day that is earlier than the date of its publication, the provision does not operate so as—\nto affect, in a manner prejudicial to any person (other than this jurisdiction or an authority of this jurisdiction), the rights of that person existing before the date of its publication; or\nto impose liabilities on any person (other than this jurisdiction or an authority of this jurisdiction) in respect of anything done or omitted to be done before the date of its publication.\nWithout limiting subsections (1) to (3), the national regulations may contain provisions of a savings or transitional nature that—\nhave effect in circumstances where some but not all the provisions of this Law are commenced; and\nwithout limiting paragraph (a), modify the operation of the commenced provisions pending and after commencement of the uncommenced provisions.\nsch s 755 ins 2013 No. 4 s 12\n(sec.755-ssec.1) The national regulations may contain provisions of a savings and transitional nature consequent on the enactment or commencement of provisions of this Law in a jurisdiction.\n(sec.755-ssec.2) Any such provision may, if the national regulations so provide, take effect in relation to this jurisdiction from the participation day for this jurisdiction or a later day.\n(sec.755-ssec.3) To the extent any such provision takes effect from a day that is earlier than the date of its publication, the provision does not operate so as— to affect, in a manner prejudicial to any person (other than this jurisdiction or an authority of this jurisdiction), the rights of that person existing before the date of its publication; or to impose liabilities on any person (other than this jurisdiction or an authority of this jurisdiction) in respect of anything done or omitted to be done before the date of its publication.\n(sec.755-ssec.4) Without limiting subsections (1) to (3), the national regulations may contain provisions of a savings or transitional nature that— have effect in circumstances where some but not all the provisions of this Law are commenced; and without limiting paragraph (a), modify the operation of the commenced provisions pending and after commencement of the uncommenced provisions.\n- (a) to affect, in a manner prejudicial to any person (other than this jurisdiction or an authority of this jurisdiction), the rights of that person existing before the date of its publication; or\n- (b) to impose liabilities on any person (other than this jurisdiction or an authority of this jurisdiction) in respect of anything done or omitted to be done before the date of its publication.\n- (a) have effect in circumstances where some but not all the provisions of this Law are commenced; and\n- (b) without limiting paragraph (a), modify the operation of the commenced provisions pending and after commencement of the uncommenced provisions.","sortOrder":1107},{"sectionNumber":"sch-inc-ch.14-pt.14.3","sectionType":"part","heading":"Heavy Vehicle National Law Amendment Act 2015 (Queensland)","content":"# Heavy Vehicle National Law Amendment Act 2015 (Queensland)","sortOrder":1108},{"sectionNumber":"sec.756","sectionType":"section","heading":"Application of s 87A to previously fitted plate or label","content":"### sec.756 Application of s 87A to previously fitted plate or label\n\nSection 87A applies to tampering with a plate or label fitted or affixed to a heavy vehicle under section 86(2) or 87(3) before the commencement of section 87A.\nsch s 756 ins 2015 No. 12 s 65","sortOrder":1109},{"sectionNumber":"sec.757","sectionType":"section","heading":"Saving of stated map and other matters under s 119 or 142","content":"### sec.757 Saving of stated map and other matters under s 119 or 142\n\nSubsections (2) to (5) apply to the following—\na stated map applied under unamended section 119(2) in a mass or dimension exemption (notice) in existence immediately before the commencement;\nthe areas or routes shown on the stated map immediately before the commencement;\na list of areas or routes applied, adopted or incorporated under Schedule 1, section 24(1) in a mass or dimension exemption (notice) in existence immediately before the commencement;\nroad conditions or travel conditions shown on a stated map or list mentioned in paragraph (a) or (c).\nThe stated map is taken to be a stated map applied under amended section 119(2).\nThe list of areas or routes is taken to be a stated list applied under amended section 119(2).\nThe road conditions or travel conditions are taken to be imposed under amended section 119(3).\nThe areas, routes, road conditions and travel conditions shown on the stated map mentioned in subsection (2) or stated list mentioned in subsection (3) may only be amended under amended section 119 and section 119A.\nSubsections (7) to (10) apply to the following—\na stated map applied under unamended section 142(2) in a class 2 heavy vehicle authorisation (notice) in existence immediately before the commencement;\nthe areas or routes shown on the stated map immediately before the commencement;\na list of areas or routes applied, adopted or incorporated under Schedule 1, section 24(1) in a class 2 heavy vehicle authorisation (notice) in existence immediately before the commencement;\nroad conditions or travel conditions shown on a stated map or list mentioned in paragraph (a) or (c).\nThe stated map is taken to be a stated map applied under amended section 142(2).\nThe list of areas or routes is taken to be a stated list applied under amended section 142(2).\nThe road conditions or travel conditions are taken to be imposed under amended section 142(3).\nThe areas, routes, road conditions and travel conditions shown on the stated map mentioned in subsection (7) or the stated list mentioned in subsection (8) may only be amended under amended section 142 and section 142A.\nIn this section—\namended , in relation to a section, means the section as amended by the amendment Act.\namendment Act means the Heavy Vehicle National Law Amendment Act 2015 (Queensland).\ncommencement means—\nfor the purposes of subsection (1)—the commencement of the amendment of section 119 under the amendment Act; or\nfor the purposes of subsection (6)—the commencement of the amendment of section 142 under the amendment Act.\nroad conditions means road conditions required by the relevant road manager under section 160.\ntravel conditions means travel conditions required by the relevant road manager under section 161.\nunamended , in relation to a section, means the section as it existed immediately before it was amended by the amendment Act.\nsch s 757 ins 2015 No. 12 s 65\n(sec.757-ssec.1) Subsections (2) to (5) apply to the following— a stated map applied under unamended section 119(2) in a mass or dimension exemption (notice) in existence immediately before the commencement; the areas or routes shown on the stated map immediately before the commencement; a list of areas or routes applied, adopted or incorporated under Schedule 1, section 24(1) in a mass or dimension exemption (notice) in existence immediately before the commencement; road conditions or travel conditions shown on a stated map or list mentioned in paragraph (a) or (c).\n(sec.757-ssec.2) The stated map is taken to be a stated map applied under amended section 119(2).\n(sec.757-ssec.3) The list of areas or routes is taken to be a stated list applied under amended section 119(2).\n(sec.757-ssec.4) The road conditions or travel conditions are taken to be imposed under amended section 119(3).\n(sec.757-ssec.5) The areas, routes, road conditions and travel conditions shown on the stated map mentioned in subsection (2) or stated list mentioned in subsection (3) may only be amended under amended section 119 and section 119A.\n(sec.757-ssec.6) Subsections (7) to (10) apply to the following— a stated map applied under unamended section 142(2) in a class 2 heavy vehicle authorisation (notice) in existence immediately before the commencement; the areas or routes shown on the stated map immediately before the commencement; a list of areas or routes applied, adopted or incorporated under Schedule 1, section 24(1) in a class 2 heavy vehicle authorisation (notice) in existence immediately before the commencement; road conditions or travel conditions shown on a stated map or list mentioned in paragraph (a) or (c).\n(sec.757-ssec.7) The stated map is taken to be a stated map applied under amended section 142(2).\n(sec.757-ssec.8) The list of areas or routes is taken to be a stated list applied under amended section 142(2).\n(sec.757-ssec.9) The road conditions or travel conditions are taken to be imposed under amended section 142(3).\n(sec.757-ssec.10) The areas, routes, road conditions and travel conditions shown on the stated map mentioned in subsection (7) or the stated list mentioned in subsection (8) may only be amended under amended section 142 and section 142A.\n(sec.757-ssec.11) In this section— amended , in relation to a section, means the section as amended by the amendment Act. amendment Act means the Heavy Vehicle National Law Amendment Act 2015 (Queensland). commencement means— for the purposes of subsection (1)—the commencement of the amendment of section 119 under the amendment Act; or for the purposes of subsection (6)—the commencement of the amendment of section 142 under the amendment Act. road conditions means road conditions required by the relevant road manager under section 160. travel conditions means travel conditions required by the relevant road manager under section 161. unamended , in relation to a section, means the section as it existed immediately before it was amended by the amendment Act.\n- (a) a stated map applied under unamended section 119(2) in a mass or dimension exemption (notice) in existence immediately before the commencement;\n- (b) the areas or routes shown on the stated map immediately before the commencement;\n- (c) a list of areas or routes applied, adopted or incorporated under Schedule 1, section 24(1) in a mass or dimension exemption (notice) in existence immediately before the commencement;\n- (d) road conditions or travel conditions shown on a stated map or list mentioned in paragraph (a) or (c).\n- (a) a stated map applied under unamended section 142(2) in a class 2 heavy vehicle authorisation (notice) in existence immediately before the commencement;\n- (b) the areas or routes shown on the stated map immediately before the commencement;\n- (c) a list of areas or routes applied, adopted or incorporated under Schedule 1, section 24(1) in a class 2 heavy vehicle authorisation (notice) in existence immediately before the commencement;\n- (d) road conditions or travel conditions shown on a stated map or list mentioned in paragraph (a) or (c).\n- (a) for the purposes of subsection (1)—the commencement of the amendment of section 119 under the amendment Act; or\n- (b) for the purposes of subsection (6)—the commencement of the amendment of section 142 under the amendment Act.","sortOrder":1110},{"sectionNumber":"sec.758","sectionType":"section","heading":"Application of s 737 to a new penalty","content":"### sec.758 Application of s 737 to a new penalty\n\nThe repeal of an old penalty by the amendment Act repeals any increase, in force immediately before the repeal, in the amount of penalty applying under section 737.\nThe enactment of a new penalty includes the enactment of an increase, to take effect immediately on the commencement of the new penalty, in the amount of penalty applying under section 737.\nFor the purpose of applying section 737 under subsection (2) to a new penalty, the amount of penalty applying under section 737 is to be calculated as if—\nthe new penalty had commenced before 1 July 2014; and\nthe amount of penalty applying had been increased under section 737(2) on 1 July 2014 and any later 1 July happening before the new penalty actually commences.\nBefore the commencement of the new penalties, the Regulator must publish on the Regulator’s website the amounts of each penalty applying under subsections (2) and (3) and under section 737 on the commencement of the new penalties.\nA list of all penalties to which section 737 applies must be published.\nIn this section—\namendment Act means the Heavy Vehicle National Law Amendment Act 2015 (Queensland).\nold penalty means a penalty amount stated in column 2 of the schedule to the amendment Act.\nnew penalty means a penalty amount stated—\nin column 3 of the schedule to the amendment Act; or\nat the end of a provision for an offence inserted by the amendment Act into this Law.\nsch s 758 ins 2015 No. 12 s 65\n(sec.758-ssec.1) The repeal of an old penalty by the amendment Act repeals any increase, in force immediately before the repeal, in the amount of penalty applying under section 737.\n(sec.758-ssec.2) The enactment of a new penalty includes the enactment of an increase, to take effect immediately on the commencement of the new penalty, in the amount of penalty applying under section 737.\n(sec.758-ssec.3) For the purpose of applying section 737 under subsection (2) to a new penalty, the amount of penalty applying under section 737 is to be calculated as if— the new penalty had commenced before 1 July 2014; and the amount of penalty applying had been increased under section 737(2) on 1 July 2014 and any later 1 July happening before the new penalty actually commences.\n(sec.758-ssec.4) Before the commencement of the new penalties, the Regulator must publish on the Regulator’s website the amounts of each penalty applying under subsections (2) and (3) and under section 737 on the commencement of the new penalties. A list of all penalties to which section 737 applies must be published.\n(sec.758-ssec.5) In this section— amendment Act means the Heavy Vehicle National Law Amendment Act 2015 (Queensland). old penalty means a penalty amount stated in column 2 of the schedule to the amendment Act. new penalty means a penalty amount stated— in column 3 of the schedule to the amendment Act; or at the end of a provision for an offence inserted by the amendment Act into this Law.\n- (a) the new penalty had commenced before 1 July 2014; and\n- (b) the amount of penalty applying had been increased under section 737(2) on 1 July 2014 and any later 1 July happening before the new penalty actually commences.\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 amendment Act into this Law.","sortOrder":1111},{"sectionNumber":"sch-inc-ch.14-pt.14.4","sectionType":"part","heading":"Heavy Vehicle National Law and Other Legislation Amendment Act 2016 (Queensland)","content":"# Heavy Vehicle National Law and Other Legislation Amendment Act 2016 (Queensland)","sortOrder":1112},{"sectionNumber":"sec.759","sectionType":"section","heading":"Application of s 737 to a new penalty","content":"### sec.759 Application of s 737 to a new penalty\n\nThe enactment of a new penalty includes the enactment of an increase in the amount of penalty applying under section 737, to take effect when the new penalty commences.\nFor the purpose of applying section 737 under subsection (1) to a new penalty, the amount of penalty applying under section 737 is to be calculated as if—\nthe new penalty had commenced before 1 July 2014; and\nthe amount of penalty applying had been increased under section 737(2) on 1 July 2014 and any later 1 July happening before the new penalty actually commences.\nIn this section—\nnew penalty means a penalty stated at the end of a provision enacted by the Heavy Vehicle National Law and Other Legislation Amendment Act 2016 (Queensland).\nsch s 759 ins 2016 No. 65 s 138\n_____\nsch ch 14 pt 14.5 (ss 760–762) ins 2025 No. 26 s 151 (uncommenced amendment)\n(sec.759-ssec.1) The enactment of a new penalty includes the enactment of an increase in the amount of penalty applying under section 737, to take effect when the new penalty commences.\n(sec.759-ssec.2) For the purpose of applying section 737 under subsection (1) to a new penalty, the amount of penalty applying under section 737 is to be calculated as if— the new penalty had commenced before 1 July 2014; and the amount of penalty applying had been increased under section 737(2) on 1 July 2014 and any later 1 July happening before the new penalty actually commences.\n(sec.759-ssec.3) In this section— new penalty means a penalty stated at the end of a provision enacted by the Heavy Vehicle National Law and Other Legislation Amendment Act 2016 (Queensland).\n- (a) the new penalty had commenced before 1 July 2014; and\n- (b) the amount of penalty applying had been increased under section 737(2) on 1 July 2014 and any later 1 July happening before the new penalty actually commences.","sortOrder":1113},{"sectionNumber":"sch-inc-sch.1-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":1114},{"sectionNumber":"sch-sec.1","sectionType":"section","heading":"Displacement of Schedule by contrary intention","content":"### sch-sec.1 Displacement of Schedule by contrary intention\n\nThe application of this Schedule may be displaced, wholly or partly, by a contrary intention appearing in this Law.","sortOrder":1115},{"sectionNumber":"sch-inc-sch.1-pt.2","sectionType":"part","heading":"General","content":"# General","sortOrder":1116},{"sectionNumber":"sch-sec.2","sectionType":"section","heading":"Law to be construed not to exceed legislative power of Parliament","content":"### sch-sec.2 Law to be construed not to exceed legislative power of Parliament\n\nThis Law is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Parliament of this jurisdiction.\nIf a provision of this Law, or the application of a provision of this Law to a person, subject matter or circumstance, would, but for the purposes of this section, be construed as being in excess of the legislative power of the Parliament of this jurisdiction—\nit is a valid provision to the extent to which it is not in excess of the power; and\nthe remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected.\nThis section applies to this Law in addition to, and without limiting the effect of, any provision of this Law.\n(sch-sec.2-ssec.1) This Law is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Parliament of this jurisdiction.\n(sch-sec.2-ssec.2) If a provision of this Law, or the application of a provision of this Law to a person, subject matter or circumstance, would, but for the purposes of this section, be construed as being in excess of the legislative power of the Parliament of this jurisdiction— it is a valid provision to the extent to which it is not in excess of the power; and the remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected.\n(sch-sec.2-ssec.3) This section applies to this Law in addition to, and without limiting the effect of, any provision of this Law.\n- (a) it is a valid provision to the extent to which it is not in excess of the power; and\n- (b) the remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected.","sortOrder":1117},{"sectionNumber":"sch-sec.3","sectionType":"section","heading":"Every section to be a substantive enactment","content":"### sch-sec.3 Every section to be a substantive enactment\n\nEvery section of this Law has effect as a substantive enactment without introductory words.","sortOrder":1118},{"sectionNumber":"sch-sec.4","sectionType":"section","heading":"Material that is, and is not, part of this Law","content":"### sch-sec.4 Material that is, and is not, part of this Law\n\nThe heading to a Chapter, Part, Division or Subdivision into which this Law is divided is part of this Law.\nA Schedule to this Law is part of this Law.\nPunctuation in this Law is part of this Law.\nA heading to a section or subsection of this Law does not form part of this Law.\nNotes included in this Law (including footnotes and endnotes) do not form part of this Law.\n(sch-sec.4-ssec.1) The heading to a Chapter, Part, Division or Subdivision into which this Law is divided is part of this Law.\n(sch-sec.4-ssec.2) A Schedule to this Law is part of this Law.\n(sch-sec.4-ssec.3) Punctuation in this Law is part of this Law.\n(sch-sec.4-ssec.4) A heading to a section or subsection of this Law does not form part of this Law.\n(sch-sec.4-ssec.5) Notes included in this Law (including footnotes and endnotes) do not form part of this Law.","sortOrder":1119},{"sectionNumber":"sch-sec.5","sectionType":"section","heading":"References to particular Acts and to enactments","content":"### sch-sec.5 References to particular Acts and to enactments\n\nIn this Law—\nan Act of this jurisdiction may be cited—\nby its short title; or\nby reference to the year in which it was passed and its number; and\nCommonwealth Act may be cited—\nby its short title; or\nin another way sufficient in a Commonwealth Act for the citation of such an Act;\ntogether with a reference to the Commonwealth; and\nan Act of another jurisdiction may be cited—\nby its short title; or\nin another way sufficient in an Act of the jurisdiction for the citation of such an Act;\ntogether with a reference to the jurisdiction.\n- (a) an Act of this jurisdiction may be cited— (i) by its short title; or (ii) by reference to the year in which it was passed and its number; and\n- (i) by its short title; or\n- (ii) by reference to the year in which it was passed and its number; and\n- (b) Commonwealth Act may be cited— (i) by its short title; or (ii) in another way sufficient in a Commonwealth Act for the citation of such an Act;\n- (i) by its short title; or\n- (ii) in another way sufficient in a Commonwealth Act for the citation of such an Act;\n- (i) by its short title; or\n- (ii) by reference to the year in which it was passed and its number; and\n- (i) by its short title; or\n- (ii) in another way sufficient in a Commonwealth Act for the citation of such an Act;\n- (c) an Act of another jurisdiction may be cited— (i) by its short title; or (ii) in another way sufficient in an Act of the jurisdiction for the citation of such an Act;\n- (i) by its short title; or\n- (ii) in another way sufficient in an Act of the jurisdiction for the citation of such an Act;\n- (i) by its short title; or\n- (ii) in another way sufficient in an Act of the jurisdiction for the citation of such an Act;","sortOrder":1120},{"sectionNumber":"sch-sec.6","sectionType":"section","heading":"References taken to be included in Law or Act citation etc.","content":"### sch-sec.6 References taken to be included in Law or Act citation etc.\n\nA reference in this Law to this Law or an Act includes a reference to—\nthis Law or the Act as originally enacted, and as amended from time to time since its original enactment; and\nif this Law or the Act has been repealed and re-enacted (with or without modification) since the enactment of the reference—this Law or the Act as re-enacted, and as amended from time to time since its re-enactment.\nA reference in this Law to a provision of this Law or of an Act includes a reference to—\nthe provision as originally enacted, and as amended from time to time since its original enactment; and\nif the provision has been omitted and re-enacted (with or without modification) since the enactment of the reference—the provision as re-enacted, and as amended from time to time since its re-enactment.\nSubsections (1) and (2) apply to a reference in this Law to a law of the Commonwealth or another jurisdiction as they apply to a reference in this Law to an Act and to a provision of an Act.\n(sch-sec.6-ssec.1) A reference in this Law to this Law or an Act includes a reference to— this Law or the Act as originally enacted, and as amended from time to time since its original enactment; and if this Law or the Act has been repealed and re-enacted (with or without modification) since the enactment of the reference—this Law or the Act as re-enacted, and as amended from time to time since its re-enactment.\n(sch-sec.6-ssec.2) A reference in this Law to a provision of this Law or of an Act includes a reference to— the provision as originally enacted, and as amended from time to time since its original enactment; and if the provision has been omitted and re-enacted (with or without modification) since the enactment of the reference—the provision as re-enacted, and as amended from time to time since its re-enactment.\n(sch-sec.6-ssec.3) Subsections (1) and (2) apply to a reference in this Law to a law of the Commonwealth or another jurisdiction as they apply to a reference in this Law to an Act and to a provision of an Act.\n- (a) this Law or the Act as originally enacted, and as amended from time to time since its original enactment; and\n- (b) if this Law or the Act has been repealed and re-enacted (with or without modification) since the enactment of the reference—this Law or the Act as re-enacted, and as amended from time to time since its re-enactment.\n- (a) the provision as originally enacted, and as amended from time to time since its original enactment; and\n- (b) if the provision has been omitted and re-enacted (with or without modification) since the enactment of the reference—the provision as re-enacted, and as amended from time to time since its re-enactment.","sortOrder":1121},{"sectionNumber":"sch-sec.7","sectionType":"section","heading":"Interpretation best achieving Law’s purpose or object","content":"### sch-sec.7 Interpretation best achieving Law’s purpose or object\n\nIn the interpretation of a provision of this Law, the interpretation that will best achieve the purpose or object of this Law is to be preferred to any other interpretation.\nSubsection (1) applies whether or not the purpose or object is expressly stated in this Law.\n(sch-sec.7-ssec.1) In the interpretation of a provision of this Law, the interpretation that will best achieve the purpose or object of this Law is to be preferred to any other interpretation.\n(sch-sec.7-ssec.2) Subsection (1) applies whether or not the purpose or object is expressly stated in this Law.","sortOrder":1122},{"sectionNumber":"sch-sec.8","sectionType":"section","heading":"Use of extrinsic material in interpretation","content":"### sch-sec.8 Use of extrinsic material in interpretation\n\nIn this section—\nextrinsic material means relevant material not forming part of this Law, including, for example—\nmaterial that is set out in the document containing the text of this Law as printed by the Government Printer; and\na relevant report of a Royal Commission, Law Reform Commission, commission or committee of inquiry, or a similar body, that was laid before the Parliament of this jurisdiction before the provision concerned was enacted; and\na relevant report of a committee of the Parliament of this jurisdiction that was made to the Parliament before the provision was enacted; and\na treaty or other international agreement that is mentioned in this Law; and\nan explanatory note or memorandum relating to the Bill that contained the provision, or any relevant document, that was laid before, or given to the members of, the Parliament of this jurisdiction by the member bringing in the Bill before the provision was enacted; and\nthe speech made to the Parliament of this jurisdiction by the member in moving a motion that the Bill be read a second time; and\nmaterial in the Votes and Proceedings of the Parliament of this jurisdiction or in any official record of debates in the Parliament of this jurisdiction; and\na document that is declared by this Law to be a relevant document for the purposes of this section.\nordinary meaning means the ordinary meaning conveyed by a provision having regard to its context in this Law and to the purpose of this Law.\nSubject to subsection (3) , in the interpretation of a provision of this Law, consideration may be given to extrinsic material capable of assisting in the interpretation—\nif the provision is ambiguous or obscure—to provide an interpretation of it; or\nif the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable—to provide an interpretation that avoids such a result; or\nin any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision.\nIn determining whether consideration should be given to extrinsic material, and in determining the weight to be given to extrinsic material, regard is to be had to—\nthe desirability of a provision being interpreted as having its ordinary meaning; and\nthe undesirability of prolonging proceedings without compensating advantage; and\nother relevant matters.\n(sch-sec.8-ssec.1) In this section— extrinsic material means relevant material not forming part of this Law, including, for example— material that is set out in the document containing the text of this Law as printed by the Government Printer; and a relevant report of a Royal Commission, Law Reform Commission, commission or committee of inquiry, or a similar body, that was laid before the Parliament of this jurisdiction before the provision concerned was enacted; and a relevant report of a committee of the Parliament of this jurisdiction that was made to the Parliament before the provision was enacted; and a treaty or other international agreement that is mentioned in this Law; and an explanatory note or memorandum relating to the Bill that contained the provision, or any relevant document, that was laid before, or given to the members of, the Parliament of this jurisdiction by the member bringing in the Bill before the provision was enacted; and the speech made to the Parliament of this jurisdiction by the member in moving a motion that the Bill be read a second time; and material in the Votes and Proceedings of the Parliament of this jurisdiction or in any official record of debates in the Parliament of this jurisdiction; and a document that is declared by this Law to be a relevant document for the purposes of this section. ordinary meaning means the ordinary meaning conveyed by a provision having regard to its context in this Law and to the purpose of this Law.\n(sch-sec.8-ssec.2) Subject to subsection (3) , in the interpretation of a provision of this Law, consideration may be given to extrinsic material capable of assisting in the interpretation— if the provision is ambiguous or obscure—to provide an interpretation of it; or if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable—to provide an interpretation that avoids such a result; or in any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision.\n(sch-sec.8-ssec.3) In determining whether consideration should be given to extrinsic material, and in determining the weight to be given to extrinsic material, regard is to be had to— the desirability of a provision being interpreted as having its ordinary meaning; and the undesirability of prolonging proceedings without compensating advantage; and other relevant matters.\n- (a) material that is set out in the document containing the text of this Law as printed by the Government Printer; and\n- (b) a relevant report of a Royal Commission, Law Reform Commission, commission or committee of inquiry, or a similar body, that was laid before the Parliament of this jurisdiction before the provision concerned was enacted; and\n- (c) a relevant report of a committee of the Parliament of this jurisdiction that was made to the Parliament before the provision was enacted; and\n- (d) a treaty or other international agreement that is mentioned in this Law; and\n- (e) an explanatory note or memorandum relating to the Bill that contained the provision, or any relevant document, that was laid before, or given to the members of, the Parliament of this jurisdiction by the member bringing in the Bill before the provision was enacted; and\n- (f) the speech made to the Parliament of this jurisdiction by the member in moving a motion that the Bill be read a second time; and\n- (g) material in the Votes and Proceedings of the Parliament of this jurisdiction or in any official record of debates in the Parliament of this jurisdiction; and\n- (h) a document that is declared by this Law to be a relevant document for the purposes of this section.\n- (a) if the provision is ambiguous or obscure—to provide an interpretation of it; or\n- (b) if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable—to provide an interpretation that avoids such a result; or\n- (c) in any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision.\n- (a) the desirability of a provision being interpreted as having its ordinary meaning; and\n- (b) the undesirability of prolonging proceedings without compensating advantage; and\n- (c) other relevant matters.","sortOrder":1123},{"sectionNumber":"sch-sec.9","sectionType":"section","heading":"Effect of change of drafting practice","content":"### sch-sec.9 Effect of change of drafting practice\n\nIf—\na provision of this Law expresses an idea in particular words; and\na provision enacted later appears to express the same idea in different words for the purpose of implementing a different legislative drafting practice, including, for example—\nthe use of a clearer or simpler style; or\nthe use of gender-neutral language;\nthe ideas must not be taken to be different merely because different words are used.\n- (a) a provision of this Law expresses an idea in particular words; and\n- (b) a provision enacted later appears to express the same idea in different words for the purpose of implementing a different legislative drafting practice, including, for example— (i) the use of a clearer or simpler style; or (ii) the use of gender-neutral language;\n- (i) the use of a clearer or simpler style; or\n- (ii) the use of gender-neutral language;\n- (i) the use of a clearer or simpler style; or\n- (ii) the use of gender-neutral language;","sortOrder":1124},{"sectionNumber":"sch-sec.10","sectionType":"section","heading":"Use of examples","content":"### sch-sec.10 Use of examples\n\nIf this Law includes an example of the operation of a provision—\nthe example is not exhaustive; and\nthe example does not limit, but may extend, the meaning of the provision; and\nthe example and the provision are to be read in the context of each other and the other provisions of this Law, but, if the example and the provision so read are inconsistent, the provision prevails.\n- (a) the example is not exhaustive; and\n- (b) the example does not limit, but may extend, the meaning of the provision; and\n- (c) the example and the provision are to be read in the context of each other and the other provisions of this Law, but, if the example and the provision so read are inconsistent, the provision prevails.","sortOrder":1125},{"sectionNumber":"sch-sec.11","sectionType":"section","heading":"Compliance with forms","content":"### sch-sec.11 Compliance with forms\n\nIf a form is prescribed or approved by or for the purpose of this Law, strict compliance with the form is not necessary and substantial compliance is sufficient.\nIf a form prescribed or approved by or for the purpose of this Law requires—\nthe form to be completed in a specified way; or\nspecified information or documents to be included in, attached to or given with the form; or\nthe form, or information or documents included in, attached to or given with the form, to be verified in a specified way;\nthe form is not properly completed unless the requirement is complied with.\n(sch-sec.11-ssec.1) If a form is prescribed or approved by or for the purpose of this Law, strict compliance with the form is not necessary and substantial compliance is sufficient.\n(sch-sec.11-ssec.2) If a form prescribed or approved by or for the purpose of this Law requires— the form to be completed in a specified way; or specified information or documents to be included in, attached to or given with the form; or the form, or information or documents included in, attached to or given with the form, to be verified in a specified way; the form is not properly completed unless the requirement is complied with.\n- (a) the form to be completed in a specified way; or\n- (b) specified information or documents to be included in, attached to or given with the form; or\n- (c) the form, or information or documents included in, attached to or given with the form, to be verified in a specified way;","sortOrder":1126},{"sectionNumber":"sch-inc-sch.1-pt.3","sectionType":"part","heading":"Terms and references","content":"# Terms and references","sortOrder":1127},{"sectionNumber":"sch-sec.12","sectionType":"section","heading":"Definitions","content":"### sch-sec.12 Definitions\n\nIn 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 promise, includes affirmation, declaration and promise.\namend includes—\nomit or omit and substitute; or\nalter or vary; or\namend by implication.\nappoint includes reappoint.\nAustralia means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory.\nbusiness day means a day that is not—\na Saturday or Sunday; or\na public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done.\ncalendar month means a period starting at the beginning of any day of one of the 12 named months and ending—\nimmediately before the beginning of the corresponding day of the next named month; or\nif there is no such corresponding day—at the end of the next named month.\ncalendar year means a period of 12 months beginning on 1 January.\ncommencement , in relation to this Law or an Act or a provision of this Law or an Act, means the time at which this Law, the Act or provision comes into operation.\nCommonwealth means the Commonwealth of Australia but, when used 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—\na federation; or\na state, province or other part of a federation.\ndate of assent , in relation to an Act, means the day on which the Act receives the Royal Assent.\ndefinition means a provision of this Law (however expressed) that—\ngives a meaning to a word or expression; or\nlimits or extends the meaning of a word or expression.\ndocument includes—\nany paper or other material on which there is writing; and\nany paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; and\nany disc, tape or other article or any material from which sounds, images, writings or messages are capable of being reproduced (with or without the aid of another article or device).\nelectronic communication means—\na communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both; or\na communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system.\nestate includes easement, charge, right, title, claim, demand, lien or encumbrance, 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, for the government of which as a Territory provision is made by a Commonwealth 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 sovereign State) outside Australia and the external Territories.\nfunction includes a power or duty.\nGovernment Printer means the Government Printer of this jurisdiction, and includes any other person authorised by the Government of this jurisdiction to print an Act or instrument.\nindividual means a natural person.\ninformation system means a system for generating, sending, receiving, storing or otherwise processing electronic communications.\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—\na legal or equitable estate in the land or other property; or\na right, power or privilege over, or in relation to, the land or other property.\ninternal Territory means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory.\nJervis Bay Territory means the Territory mentioned in the Jervis Bay Territory 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—\na number expressed in figures or words; or\na letter; or\na combination of a number so expressed and a letter.\noath , in relation to a person allowed by law to affirm, declare or promise, 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 for the purposes of or under, this Law.\nprinted includes typewritten, lithographed or reproduced by any mechanical means.\nproceeding means a legal or other action or proceeding.\nproperty means any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes things in action.\nprovision , in relation to this Law or an Act, means words or other matter that form or forms part of this Law or the Act , and includes—\na Chapter, Part, Division, Subdivision, section, subsection, paragraph, subparagraph, sub-subparagraph or Schedule of or to this Law or the Act ; and\na section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act ; and\nthe long title and any preamble to the Act .\nrecord includes information stored or recorded by means of a computer.\nrepeal includes—\nrevoke or rescind; and\nrepeal by implication; and\nabrogate or limit the effect of this Law or the instrument concerned; and\nexclude from, or include in, the application of this Law or the instrument concerned any person, subject matter or circumstance.\nsign includes the affixing of a seal or the making of a mark.\nstatutory declaration means a declaration made under an Act, or under a Commonwealth Act or an Act of another jurisdiction, that authorises a declaration to be made otherwise than in the course of a judicial proceeding.\nstatutory instrument means an instrument (including a regulation) made or in force under or for the purposes of this Law, and includes an instrument made or in force under any such instrument.\nswear , in relation to a person allowed by law to affirm, declare or promise, includes affirm, declare or promise.\nword includes any symbol, figure or drawing.\nwriting includes any mode of representing or reproducing words in a visible form.\nyear , without specifying the type of year, means calendar year.\nIn a statutory instrument—\nthe Law means this Law.\n(sch-sec.12-ssec.1) In this Law— Act means an Act of the Parliament of this jurisdiction. adult means an individual who is 18 or more. affidavit , in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration and promise. amend includes— omit or omit and substitute; or alter or vary; or amend by implication. appoint includes reappoint. Australia means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory. business day means a day that is not— a Saturday or Sunday; or a public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done. calendar month means a period starting at the beginning of any day of one of the 12 named months and ending— immediately before the beginning of the corresponding day of the next named month; or if there is no such corresponding day—at the end of the next named month. calendar year means a period of 12 months beginning on 1 January. commencement , in relation to this Law or an Act or a provision of this Law or an Act, means the time at which this Law, the Act or provision comes into operation. Commonwealth means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory. confer , in relation to a function, includes impose. contravene includes fail to comply with. country includes— a federation; or a state, province or other part of a federation. date of assent , in relation to an Act, means the day on which the Act receives the Royal Assent. definition means a provision of this Law (however expressed) that— gives a meaning to a word or expression; or limits or extends the meaning of a word or expression. document includes— any paper or other material on which there is writing; and any paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; and any disc, tape or other article or any material from which sounds, images, writings or messages are capable of being reproduced (with or without the aid of another article or device). electronic communication means— a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both; or a communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system. estate includes easement, charge, right, title, claim, demand, lien or encumbrance, whether at law or in equity. expire includes lapse or otherwise cease to have effect. external Territory means a Territory, other than an internal Territory, for the government of which as a Territory provision is made by a Commonwealth Act. fail includes refuse. financial year means a period of 12 months beginning on 1 July. foreign country means a country (whether or not an independent sovereign State) outside Australia and the external Territories. function includes a power or duty. Government Printer means the Government Printer of this jurisdiction, and includes any other person authorised by the Government of this jurisdiction to print an Act or instrument. individual means a natural person. information system means a system for generating, sending, receiving, storing or otherwise processing electronic communications. insert , in relation to a provision of this Law, includes substitute. instrument includes a statutory instrument. interest , in relation to land or other property, means— a legal or equitable estate in the land or other property; or a right, power or privilege over, or in relation to, the land or other property. internal Territory means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory. Jervis Bay Territory means the Territory mentioned in the Jervis Bay Territory Acceptance Act 1915 of the Commonwealth. make includes issue or grant. minor means an individual who is under 18. modification includes addition, omission or substitution. month means a calendar month. named month means 1 of the 12 months of the year. Northern Territory means the Northern Territory of Australia. number means— a number expressed in figures or words; or a letter; or a combination of a number so expressed and a letter. oath , in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration or promise. office includes position. omit , in relation to a provision of this Law or an Act, includes repeal. party includes an individual or a body politic or corporate. penalty includes forfeiture or punishment. person includes an individual or a body politic or corporate. power includes authority. prescribed means prescribed by, or by regulations made or in force for the purposes of or under, this Law. printed includes typewritten, lithographed or reproduced by any mechanical means. proceeding means a legal or other action or proceeding. property means any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes things in action. provision , in relation to this Law or an Act, means words or other matter that form or forms part of this Law or the Act , and includes— a Chapter, Part, Division, Subdivision, section, subsection, paragraph, subparagraph, sub-subparagraph or Schedule of or to this Law or the Act ; and a section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act ; and the long title and any preamble to the Act . record includes information stored or recorded by means of a computer. repeal includes— revoke or rescind; and repeal by implication; and abrogate or limit the effect of this Law or the instrument concerned; and exclude from, or include in, the application of this Law or the instrument concerned any person, subject matter or circumstance. sign includes the affixing of a seal or the making of a mark. statutory declaration means a declaration made under an Act, or under a Commonwealth Act or an Act of another jurisdiction, that authorises a declaration to be made otherwise than in the course of a judicial proceeding. statutory instrument means an instrument (including a regulation) made or in force under or for the purposes of this Law, and includes an instrument made or in force under any such instrument. swear , in relation to a person allowed by law to affirm, declare or promise, includes affirm, declare or promise. word includes any symbol, figure or drawing. writing includes any mode of representing or reproducing words in a visible form. year , without specifying the type of year, means calendar year.\n(sch-sec.12-ssec.2) In a statutory instrument— the Law means this Law.\n- (a) omit or omit and substitute; or\n- (b) alter or vary; or\n- (c) amend by implication.\n- (a) a Saturday or Sunday; or\n- (b) a public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done.\n- (a) immediately before the beginning of the corresponding day of the next named month; or\n- (b) if there is no such corresponding day—at the end of the next named month.\n- (a) a federation; or\n- (b) a state, province or other part of a federation.\n- (a) gives a meaning to a word or expression; or\n- (b) limits or extends the meaning of a word or expression.\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, symbols or perforations having a meaning for a person qualified to interpret them; and\n- (c) any disc, tape or other article or any material from which sounds, images, writings or messages are capable of being reproduced (with or without the aid of another article or device).\n- (a) a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both; or\n- (b) a communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system.\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 other property.\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.\n- (a) a Chapter, Part, Division, Subdivision, section, subsection, paragraph, subparagraph, sub-subparagraph or Schedule of or to this Law or the Act ; and\n- (b) a section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act ; and\n- (c) the long title and any preamble to the Act .\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 concerned; and\n- (d) exclude from, or include in, the application of this Law or the instrument concerned any person, subject matter or circumstance.","sortOrder":1128},{"sectionNumber":"sch-sec.13","sectionType":"section","heading":"Provisions relating to defined terms and gender and number","content":"### sch-sec.13 Provisions relating to defined terms and gender and number\n\nIf this Law defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.\nDefinitions in or applicable to this Law apply except so far as the context or subject matter otherwise indicates or requires.\nIn this Law, words indicating a gender include each other gender.\nIn this Law—\nwords in the singular include the plural; and\nwords in the plural include the singular.\n(sch-sec.13-ssec.1) If this Law defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.\n(sch-sec.13-ssec.2) Definitions in or applicable to this Law apply except so far as the context or subject matter otherwise indicates or requires.\n(sch-sec.13-ssec.3) In this Law, words indicating a gender include each other gender.\n(sch-sec.13-ssec.4) In this Law— words in the singular include the plural; and words in the plural include the singular.\n- (a) words in the singular include the plural; and\n- (b) words in the plural include the singular.","sortOrder":1129},{"sectionNumber":"sch-sec.14","sectionType":"section","heading":"Meaning of ‘may’ and ‘must’","content":"### sch-sec.14 Meaning of ‘may’ and ‘must’\n\nIn this Law, the word may , or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion.\nIn this Law, the word must , or a similar word or expression, used in relation to a power indicates that the power is required to be exercised.\nThis section has effect despite any rule of construction to the contrary.\n(sch-sec.14-ssec.1) In this Law, the word may , or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion.\n(sch-sec.14-ssec.2) In this Law, the word must , or a similar word or expression, used in relation to a power indicates that the power is required to be exercised.\n(sch-sec.14-ssec.3) This section has effect despite any rule of construction to the contrary.","sortOrder":1130},{"sectionNumber":"sch-sec.15","sectionType":"section","heading":"Words and expressions used in statutory instruments","content":"### sch-sec.15 Words and expressions used in statutory instruments\n\nWords and expressions used in a statutory instrument have the same meanings as they have, from time to time, in this Law, or relevant provisions of this Law, under or for the purposes of which the instrument is made or in force.\nThis section has effect in relation to a statutory instrument except so far as the contrary intention appears in the instrument.\n(sch-sec.15-ssec.1) Words and expressions used in a statutory instrument have the same meanings as they have, from time to time, in this Law, or relevant provisions of this Law, under or for the purposes of which the instrument is made or in force.\n(sch-sec.15-ssec.2) This section has effect in relation to a statutory instrument except so far as the contrary intention appears in the instrument.","sortOrder":1131},{"sectionNumber":"sch-sec.16","sectionType":"section","heading":"Effect of express references to bodies corporate and individuals","content":"### sch-sec.16 Effect of express references to bodies corporate and individuals\n\nIn this Law, a reference to a person generally (whether the expression “person”, “party”, “someone”, “anyone”, “no-one”, “one”, “another” or “whoever” or another expression is used)—\ndoes not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to a body corporate (however expressed); and\ndoes not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to an individual (however expressed).\n- (a) does not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to a body corporate (however expressed); and\n- (b) does not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to an individual (however expressed).","sortOrder":1132},{"sectionNumber":"sch-sec.17","sectionType":"section","heading":"Production of records kept in computers etc.","content":"### sch-sec.17 Production of records kept in computers etc.\n\nIf a person who keeps a record of information by means of a mechanical, electronic or other device is required by or under this Law—\nto produce the information or a document containing the information to a court, tribunal or person; or\nto make a document containing the information available for inspection by a court, tribunal or person;\nthen, unless the court, tribunal or person otherwise directs—\nthe requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and\nthe production to the court, tribunal or person of the document in that form complies with the requirement.\n- (a) to produce the information or a document containing the information to a court, tribunal or person; or\n- (b) to make a document containing the information available for inspection by a court, tribunal or person;\n- (c) the requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and\n- (d) the production to the court, tribunal or person of the document in that form complies with the requirement.","sortOrder":1133},{"sectionNumber":"sch-sec.18","sectionType":"section","heading":"References to this jurisdiction to be implied","content":"### sch-sec.18 References to this jurisdiction to be implied\n\nIn this Law—\na reference to an officer, office or statutory body is a reference to such an officer, office or statutory body in and for this jurisdiction; and\na reference to a locality or other matter or thing is a reference to such a locality or other matter or thing in and of this jurisdiction.\n- (a) a reference to an officer, office or statutory body is a reference to such an officer, office or statutory body in and for this jurisdiction; and\n- (b) a reference to a locality or other matter or thing is a reference to such a locality or other matter or thing in and of this jurisdiction.","sortOrder":1134},{"sectionNumber":"sch-sec.19","sectionType":"section","heading":"References to officers and holders of offices","content":"### sch-sec.19 References to officers and holders of offices\n\nIn this Law, a reference to a particular officer, or to the holder of a particular office, includes a reference to the person for the time being occupying or acting in the office concerned.","sortOrder":1135},{"sectionNumber":"sch-sec.20","sectionType":"section","heading":"Reference to certain provisions of Law","content":"### sch-sec.20 Reference to certain provisions of Law\n\nIf a provision of this Law refers—\nto a Chapter, Part, section or Schedule by a number and without reference to this Law—the reference is a reference to the Chapter, Part, section or Schedule, designated by the number, of or to this Law; or\nto a Schedule without reference to it by a number and without reference to this Law—the reference, if there is only one Schedule to this Law, is a reference to the Schedule; or\nto a Division, Subdivision, subsection, paragraph, subparagraph, sub-subparagraph, clause, subclause, item, column, table or form by a number and without reference to this Law—the reference is a reference to—\nthe Division, designated by the number, of the Part in which the reference occurs; and\nthe Subdivision, designated by the number, of the Division in which the reference occurs; and\nthe subsection, designated by the number, of the section in which the reference occurs; and\nthe paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and\nthe paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs; and\nthe subparagraph, designated by the number, of the paragraph in which the reference occurs; and\nthe sub-subparagraph, designated by the number, of the subparagraph in which the reference occurs; and\nthe section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs;\nas the case requires.\n- (a) to a Chapter, Part, section or Schedule by a number and without reference to this Law—the reference is a reference to the Chapter, Part, section or Schedule, designated by the number, of or to this Law; or\n- (b) to a Schedule without reference to it by a number and without reference to this Law—the reference, if there is only one Schedule to this Law, is a reference to the Schedule; or\n- (c) to a Division, Subdivision, subsection, paragraph, subparagraph, sub-subparagraph, clause, subclause, item, column, table or form by a number and without reference to this Law—the reference is a reference to— (i) the Division, designated by the number, of the Part in which the reference occurs; and (ii) the Subdivision, designated by the number, of the Division in which the reference occurs; and (iii) the subsection, designated by the number, of the section in which the reference occurs; and (iv) the paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and (v) the paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs; and (vi) the subparagraph, designated by the number, of the paragraph in which the reference occurs; and (vii) the sub-subparagraph, designated by the number, of the subparagraph in which the reference occurs; and (viii) the section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs;\n- (i) the Division, designated by the number, of the Part in which the reference occurs; and\n- (ii) the Subdivision, designated by the number, of the Division in which the reference occurs; and\n- (iii) the subsection, designated by the number, of the section in which the reference occurs; and\n- (iv) the paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and\n- (v) the paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs; and\n- (vi) the subparagraph, designated by the number, of the paragraph in which the reference occurs; and\n- (vii) the sub-subparagraph, designated by the number, of the subparagraph in which the reference occurs; and\n- (viii) the section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs;\n- (i) the Division, designated by the number, of the Part in which the reference occurs; and\n- (ii) the Subdivision, designated by the number, of the Division in which the reference occurs; and\n- (iii) the subsection, designated by the number, of the section in which the reference occurs; and\n- (iv) the paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and\n- (v) the paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs; and\n- (vi) the subparagraph, designated by the number, of the paragraph in which the reference occurs; and\n- (vii) the sub-subparagraph, designated by the number, of the subparagraph in which the reference occurs; and\n- (viii) the section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs;","sortOrder":1136},{"sectionNumber":"sch-sec.21","sectionType":"section","heading":"Reference to provisions of this Law or an Act is inclusive","content":"### sch-sec.21 Reference to provisions of this Law or an Act is inclusive\n\nIn this Law, a reference to a portion of this Law or an Act includes—\na reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the beginning of the portion; and\na reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the end of the portion.\nA reference to “ sections 5 to 9 ” includes both section 5 and section 9 . It is not necessary to refer to “ sections 5 to 9 (both inclusive)” to ensure that the reference is given an inclusive interpretation.\n- (a) a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the beginning of the portion; and\n- (b) a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the end of the portion.","sortOrder":1137},{"sectionNumber":"sch-inc-sch.1-pt.4","sectionType":"part","heading":"Functions and powers","content":"# Functions and powers","sortOrder":1138},{"sectionNumber":"sch-sec.22","sectionType":"section","heading":"Exercise of statutory functions","content":"### sch-sec.22 Exercise of statutory functions\n\nIf this Law confers a function on a person or body, the function may be exercised from time to time as occasion requires.\nIf this Law confers a function on a particular officer or the holder of a particular office, the function may be exercised by the person for the time being occupying or acting in the office concerned.\nIf this Law confers a function on a body (whether or not incorporated), the exercise of the function is not affected merely because of vacancies in the membership of the body.\n(sch-sec.22-ssec.1) If this Law confers a function on a person or body, the function may be exercised from time to time as occasion requires.\n(sch-sec.22-ssec.2) If this Law confers a function on a particular officer or the holder of a particular office, the function may be exercised by the person for the time being occupying or acting in the office concerned.\n(sch-sec.22-ssec.3) If this Law confers a function on a body (whether or not incorporated), the exercise of the function is not affected merely because of vacancies in the membership of the body.","sortOrder":1139},{"sectionNumber":"sch-sec.23","sectionType":"section","heading":"Power to make instrument or decision includes power to amend or repeal","content":"### sch-sec.23 Power to make instrument or decision includes power to amend or repeal\n\nIf this Law authorises or requires the making of an instrument or decision—\nthe power includes power to amend or repeal the instrument or decision; and\nthe power to amend or repeal the instrument or decision is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision.\n- (a) the power includes power to amend or repeal the instrument or decision; and\n- (b) the power to amend or repeal the instrument or decision is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision.","sortOrder":1140},{"sectionNumber":"sch-sec.24","sectionType":"section","heading":"Matters for which statutory instruments may make provision","content":"### sch-sec.24 Matters for which statutory instruments may make provision\n\nIf this Law authorises or requires the making of a statutory instrument in relation to a matter, a statutory instrument made under this Law may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of—\nan Act or statutory instrument; or\nanother document (whether of the same or a different kind);\nas in force at a particular time or as in force from time to time.\nIf a statutory instrument applies, adopts or incorporates the provisions of a document, the statutory instrument applies, adopts or incorporates the provisions as in force from time to time, unless the statutory instrument otherwise expressly provides.\nA statutory instrument may—\napply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction; or\napply generally to all persons, matters or things or be limited in its application to—\nparticular persons, matters or things; or\nparticular classes of persons, matters or things; or\notherwise apply generally or be limited in its application by reference to specified exceptions or factors.\nA statutory instrument may—\napply differently according to different specified factors; or\notherwise make different provision in relation to—\ndifferent persons, matters or things; or\ndifferent classes of persons, matters or things.\nA statutory instrument may authorise a matter or thing to be from time to time determined, applied or regulated by a specified person or body.\nIf this Law authorises or requires a matter to be regulated by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter.\nIf this Law authorises or requires provision to be made with respect to a matter by statutory instrument, a statutory instrument made under this Law may make provision with respect to a particular aspect of the matter despite the fact that provision is made by this Law in relation to another aspect of the matter or in relation to another matter.\nA statutory instrument may provide for the review of, or a right of appeal against, a decision made under the statutory instrument, or this Law, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body.\nA statutory instrument may require a form prescribed by or under the statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration.\n(sch-sec.24-ssec.1) If this Law authorises or requires the making of a statutory instrument in relation to a matter, a statutory instrument made under this Law may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of— an Act or statutory instrument; or another document (whether of the same or a different kind); as in force at a particular time or as in force from time to time.\n(sch-sec.24-ssec.2) If a statutory instrument applies, adopts or incorporates the provisions of a document, the statutory instrument applies, adopts or incorporates the provisions as in force from time to time, unless the statutory instrument otherwise expressly provides.\n(sch-sec.24-ssec.3) A statutory instrument may— apply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction; or apply generally to all persons, matters or things or be limited in its application to— particular persons, matters or things; or particular classes of persons, matters or things; or otherwise apply generally or be limited in its application by reference to specified exceptions or factors.\n(sch-sec.24-ssec.4) A statutory instrument may— apply differently according to different specified factors; or otherwise make different provision in relation to— different persons, matters or things; or different classes of persons, matters or things.\n(sch-sec.24-ssec.5) A statutory instrument may authorise a matter or thing to be from time to time determined, applied or regulated by a specified person or body.\n(sch-sec.24-ssec.6) If this Law authorises or requires a matter to be regulated by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter.\n(sch-sec.24-ssec.7) If this Law authorises or requires provision to be made with respect to a matter by statutory instrument, a statutory instrument made under this Law may make provision with respect to a particular aspect of the matter despite the fact that provision is made by this Law in relation to another aspect of the matter or in relation to another matter.\n(sch-sec.24-ssec.8) A statutory instrument may provide for the review of, or a right of appeal against, a decision made under the statutory instrument, or this Law, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body.\n(sch-sec.24-ssec.9) A statutory instrument may require a form prescribed by or under the statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration.\n- (a) an Act or statutory instrument; or\n- (b) another document (whether of the same or a different kind);\n- (a) apply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction; or\n- (b) apply generally to all persons, matters or things or be limited in its application to— (i) particular persons, matters or things; or (ii) particular classes of persons, matters or things; or\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 reference to specified exceptions or factors.\n- (i) particular persons, matters or things; or\n- (ii) particular classes of persons, matters or things; or\n- (a) apply differently according to different specified factors; or\n- (b) otherwise make different provision in relation to— (i) different persons, matters or things; or (ii) different classes of persons, matters or things.\n- (i) different persons, matters or things; or\n- (ii) different classes of persons, matters or things.\n- (i) different persons, matters or things; or\n- (ii) different classes of persons, matters or things.","sortOrder":1141},{"sectionNumber":"sch-sec.25","sectionType":"section","heading":"Presumption of validity and power to make","content":"### sch-sec.25 Presumption of validity and power to make\n\nAll conditions and preliminary steps required for the making of a statutory instrument are presumed to have been satisfied and performed in the absence of evidence to the contrary.\nA statutory instrument is taken to be made under all powers under which it may be made, even though it purports to be made under this Law or a particular provision of this Law.\n(sch-sec.25-ssec.1) All conditions and preliminary steps required for the making of a statutory instrument are presumed to have been satisfied and performed in the absence of evidence to the contrary.\n(sch-sec.25-ssec.2) A statutory instrument is taken to be made under all powers under which it may be made, even though it purports to be made under this Law or a particular provision of this Law.","sortOrder":1142},{"sectionNumber":"sch-sec.26","sectionType":"section","heading":"Appointments may be made by name or office","content":"### sch-sec.26 Appointments may be made by name or office\n\nIf this Law authorises or requires a person or body—\nto appoint a person to an office; or\nto appoint a person or body to exercise a power; or\nto appoint a person or body to do another thing;\nthe person or body may make the appointment by—\nappointing a person or body by name; or\nappointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.\nAn appointment of a particular officer, or the holder of a particular office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned.\n(sch-sec.26-ssec.1) If this Law authorises or requires a person or body— to appoint a person to an office; or to appoint a person or body to exercise a power; or to appoint a person or body to do another thing; the person or body may make the appointment by— appointing a person or body by name; or appointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.\n(sch-sec.26-ssec.2) An appointment of a particular officer, or the holder of a particular office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned.\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;\n- (d) appointing a person or body by name; or\n- (e) appointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.","sortOrder":1143},{"sectionNumber":"sch-sec.27","sectionType":"section","heading":"Acting appointments","content":"### sch-sec.27 Acting appointments\n\nIf this Law authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with this Law, appoint—\na person by name; or\na particular officer, or the holder of a particular office, by reference to the title of the office concerned;\nto act in the office.\nThe appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.\nThe appointer may—\ndetermine the terms and conditions of the appointment, including remuneration and allowances; and\nterminate the appointment at any time.\nThe appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer.\nThe appointee must not act for more than 1 year during a vacancy in the office.\nIf the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subsection (2) , the appointee may continue to act until—\nthe appointer otherwise directs; or\nthe vacancy is filled; or\nthe end of a year from the day of the vacancy;\nwhichever happens first.\nThe appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer.\nWhile the appointee is acting in the office—\nthe appointee has all the powers and functions of the holder of the office; and\nthis Law and other laws apply to the appointee as if the appointee were the holder of the office.\nAnything done by or in relation to a person purporting to act in the office is not invalid merely because—\nthe occasion for the appointment had not arisen; or\nthe appointment had ceased to have effect; or\nthe occasion for the person to act had not arisen or had ceased.\nIf this Law authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office.\n(sch-sec.27-ssec.1) If this Law authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with this Law, appoint— a person by name; or a particular officer, or the holder of a particular office, by reference to the title of the office concerned; to act in the office.\n(sch-sec.27-ssec.2) The appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n(sch-sec.27-ssec.3) The appointer may— determine the terms and conditions of the appointment, including remuneration and allowances; and terminate the appointment at any time.\n(sch-sec.27-ssec.4) The appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer.\n(sch-sec.27-ssec.5) The appointee must not act for more than 1 year during a vacancy in the office.\n(sch-sec.27-ssec.6) If the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subsection (2) , the appointee may continue to act until— the appointer otherwise directs; or the vacancy is filled; or the end of a year from the day of the vacancy; whichever happens first.\n(sch-sec.27-ssec.7) The appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer.\n(sch-sec.27-ssec.8) While the appointee is acting in the office— the appointee has all the powers and functions of the holder of the office; and this Law and other laws apply to the appointee as if the appointee were the holder of the office.\n(sch-sec.27-ssec.9) Anything done by or in relation to a person purporting to act in the office is not invalid merely because— the occasion for the appointment had not arisen; or the appointment had ceased to have effect; or the occasion for the person to act had not arisen or had ceased.\n(sch-sec.27-ssec.10) If this Law authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office.\n- (a) a person by name; or\n- (b) a particular officer, or the holder of a particular office, by reference to the title of the office concerned;\n- (a) determine the terms and conditions of the appointment, including remuneration and allowances; and\n- (b) terminate the appointment at any time.\n- (a) the appointer otherwise directs; or\n- (b) the vacancy is filled; or\n- (c) the end of a year from the day of the vacancy;\n- (a) the appointee has all the powers and functions of the holder of the office; and\n- (b) this Law and other laws apply to the appointee as if the appointee were the holder of the office.\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.","sortOrder":1144},{"sectionNumber":"sch-sec.28","sectionType":"section","heading":"Powers of appointment imply certain incidental powers","content":"### sch-sec.28 Powers of appointment imply certain incidental powers\n\nIf this Law authorises or requires a person or body to appoint a person to an office—\nthe power may be exercised from time to time as occasion requires; and\nthe power includes—\npower to remove or suspend, at any time, a person appointed to the office; and\npower to appoint another person to act in the office if a person appointed to the office is removed or suspended; and\npower to reinstate or reappoint a person removed or suspended; and\npower to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and\npower to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).\nThe power to remove or suspend a person under subsection (1) (b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period.\nThe power to make an appointment under subsection (1) (b) may be exercised from time to time as occasion requires.\nAn appointment under subsection (1) (b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n(sch-sec.28-ssec.1) If this Law authorises or requires a person or body to appoint a person to an office— the power may be exercised from time to time as occasion requires; and the power includes— power to remove or suspend, at any time, a person appointed to the office; and power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and power to reinstate or reappoint a person removed or suspended; and power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).\n(sch-sec.28-ssec.2) The power to remove or suspend a person under subsection (1) (b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period.\n(sch-sec.28-ssec.3) The power to make an appointment under subsection (1) (b) may be exercised from time to time as occasion requires.\n(sch-sec.28-ssec.4) An appointment under subsection (1) (b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n- (a) the power may be exercised from time to time as occasion requires; and\n- (b) the power includes— (i) power to remove or suspend, at any time, a person appointed to the office; and (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and (iii) power to reinstate or reappoint a person removed or suspended; and (iv) power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and (v) power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).\n- (i) power to remove or suspend, at any time, a person appointed to the office; and\n- (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and\n- (iii) power to reinstate or reappoint a person removed or suspended; and\n- (iv) power to appoint a person to act in the office if it is vacant (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 appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).\n- (i) power to remove or suspend, at any time, a person appointed to the office; and\n- (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and\n- (iii) power to reinstate or reappoint a person removed or suspended; and\n- (iv) power to appoint a person to act in the office if it is vacant (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 appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).","sortOrder":1145},{"sectionNumber":"sch-sec.29","sectionType":"section","heading":"Delegation of functions","content":"### sch-sec.29 Delegation of functions\n\nIf this Law authorises a person or body to delegate a function, the person or body may, in accordance with this Law and any other applicable law, delegate the function to—\na person or body by name; or\na specified officer, or the holder of a specified office, by reference to the title of the office concerned.\nThe delegation may be—\ngeneral or limited; and\nmade from time to time; and\nrevoked, wholly or partly, by the delegator.\nThe delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for the purpose.\nA delegated function may be exercised only in accordance with any conditions to which the delegation is subject.\nThe delegate may, in the exercise of a delegated function, do anything that is incidental to the delegated function.\nA delegated function that purports to have been exercised by the delegate is taken to have been properly exercised by the delegate unless the contrary is proved.\nA delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator.\nIf, when exercised by the delegator, a function is dependent on the delegator’s opinion, belief or state of mind, then, when exercised by the delegate, the function is dependent on the delegate’s opinion, belief or state of mind.\nIf—\nthe delegator is a specified officer or the holder of a specified office; and\nthe person who was the specified officer or holder of the specified office when the delegation was made ceases to be the holder of the office;\nthen—\nthe delegation continues in force; and\nthe person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this section.\nIf—\nthe delegator is a body; and\nthere is a change in the membership of the body;\nthen—\nthe delegation continues in force; and\nthe body as constituted for the time being is taken to be the delegator for the purposes of this section.\nIf a function is delegated to a specified officer or the holder of a specified office—\nthe delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function was delegated ceases to be the officer or the holder of the office; and\nthe function may be exercised by the person for the time being occupying or acting in the office concerned.\nA function that has been delegated may, despite the delegation, be exercised by the delegator.\nThe delegation of a function does not relieve the delegator of the delegator’s obligation to ensure that the function is properly exercised.\nSubject to subsection (15) , this section applies to a subdelegation of a function in the same way as it applies to a delegation of a function.\nIf this Law authorises the delegation of a function, the function may be subdelegated only if the Law expressly authorises the function to be subdelegated.\n(sch-sec.29-ssec.1) If this Law authorises a person or body to delegate a function, the person or body may, in accordance with this Law and any other applicable law, delegate the function to— a person or body by name; or a specified officer, or the holder of a specified office, by reference to the title of the office concerned.\n(sch-sec.29-ssec.2) The delegation may be— general or limited; and made from time to time; and revoked, wholly or partly, by the delegator.\n(sch-sec.29-ssec.3) The delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for the purpose.\n(sch-sec.29-ssec.4) A delegated function may be exercised only in accordance with any conditions to which the delegation is subject.\n(sch-sec.29-ssec.5) The delegate may, in the exercise of a delegated function, do anything that is incidental to the delegated function.\n(sch-sec.29-ssec.6) A delegated function that purports to have been exercised by the delegate is taken to have been properly exercised by the delegate unless the contrary is proved.\n(sch-sec.29-ssec.7) A delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator.\n(sch-sec.29-ssec.8) If, when exercised by the delegator, a function is dependent on the delegator’s opinion, belief or state of mind, then, when exercised by the delegate, the function is dependent on the delegate’s opinion, belief or state of mind.\n(sch-sec.29-ssec.9) If— the delegator is a specified officer or the holder of a specified office; and the person who was the specified officer or holder of the specified office when the delegation was made ceases to be the holder of the office; then— the delegation continues in force; and the person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this section.\n(sch-sec.29-ssec.10) If— the delegator is a body; and there is a change in the membership of the body; then— the delegation continues in force; and the body as constituted for the time being is taken to be the delegator for the purposes of this section.\n(sch-sec.29-ssec.11) If a function is delegated to a specified officer or the holder of a specified office— the delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function was delegated ceases to be the officer or the holder of the office; and the function may be exercised by the person for the time being occupying or acting in the office concerned.\n(sch-sec.29-ssec.12) A function that has been delegated may, despite the delegation, be exercised by the delegator.\n(sch-sec.29-ssec.13) The delegation of a function does not relieve the delegator of the delegator’s obligation to ensure that the function is properly exercised.\n(sch-sec.29-ssec.14) Subject to subsection (15) , this section applies to a subdelegation of a function in the same way as it applies to a delegation of a function.\n(sch-sec.29-ssec.15) If this Law authorises the delegation of a function, the function may be subdelegated only if the Law expressly authorises the function to be subdelegated.\n- (a) a person or body by name; or\n- (b) a specified officer, or the holder of a specified office, by reference to the title of the office concerned.\n- (a) general or limited; and\n- (b) made from time to time; and\n- (c) revoked, wholly or partly, by the delegator.\n- (a) the delegator is a specified officer or the holder of a specified office; and\n- (b) the person who was the specified officer or holder of the specified office when the delegation was made ceases to be the holder 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 concerned is taken to be the delegator for the purposes of this section.\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 delegator for the purposes of this section.\n- (a) the delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function was delegated ceases to be the officer or the holder of the office; and\n- (b) the function may be exercised by the person for the time being occupying or acting in the office concerned.","sortOrder":1146},{"sectionNumber":"sch-sec.30","sectionType":"section","heading":"Exercise of powers between enactment and commencement","content":"### sch-sec.30 Exercise of powers between enactment and commencement\n\nIf a provision of this Law (the empowering provision ) that does not commence on its enactment would, had it commenced, confer a power—\nto make an appointment; or\nto make a statutory instrument of a legislative or administrative character; or\nto do another thing;\nthen—\nthe power may be exercised; and\nanything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;\nbefore the empowering provision commences.\nIf a provision of a Queensland Act (the empowering provision ) that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power—\nto make an appointment; or\nto make a statutory instrument of a legislative or administrative character; or\nto do another thing;\nthen—\nthe power may be exercised; and\nanything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;\nbefore the empowering provision commences.\nIf—\nthis Law has commenced and confers a power to make a statutory instrument (the basic instrument-making power ); and\na provision of a Queensland Act that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the additional instrument-making power );\nthen—\nthe basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument; and\nany provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subsection (2) .\nIf an instrument, or a provision of an instrument, is made under subsection (1) or (2) that is necessary for the purpose of—\nenabling the exercise of a power mentioned in the subsection; or\nbringing an appointment, instrument or other thing made or done under such a power into effect;\nthe instrument or provision takes effect—\non the making of the instrument; or\non such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect.\nIf—\nan appointment is made under subsection (1) or (2) ; or\nan instrument, or a provision of an instrument, made under subsection (1) or (2) is not necessary for a purpose mentioned in subsection (4) ;\nthe appointment, instrument or provision takes effect—\non the commencement of the relevant empowering provision; or\non such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect.\nAnything done under subsection (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences.\nAfter the enactment of a provision mentioned in subsection (2) but before the provision’s commencement, this section applies as if the references in subsections (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subsection (2) as amended by the empowering provision.\nIn the application of this section to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument.\n(sch-sec.30-ssec.1) If a provision of this Law (the empowering provision ) that does not commence on its enactment would, had it commenced, confer a power— to make an appointment; or to make a statutory instrument of a legislative or administrative character; or to do another thing; then— the power may be exercised; and anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect; before the empowering provision commences.\n(sch-sec.30-ssec.2) If a provision of a Queensland Act (the empowering provision ) that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power— to make an appointment; or to make a statutory instrument of a legislative or administrative character; or to do another thing; then— the power may be exercised; and anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect; before the empowering provision commences.\n(sch-sec.30-ssec.3) If— this Law has commenced and confers a power to make a statutory instrument (the basic instrument-making power ); and a provision of a Queensland Act that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the additional instrument-making power ); then— the basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument; and any provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subsection (2) .\n(sch-sec.30-ssec.4) If an instrument, or a provision of an instrument, is made under subsection (1) or (2) that is necessary for the purpose of— enabling the exercise of a power mentioned in the subsection; or bringing an appointment, instrument or other thing made or done under such a power into effect; the instrument or provision takes effect— on the making of the instrument; or on such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect.\n(sch-sec.30-ssec.5) If— an appointment is made under subsection (1) or (2) ; or an instrument, or a provision of an instrument, made under subsection (1) or (2) is not necessary for a purpose mentioned in subsection (4) ; the appointment, instrument or provision takes effect— on the commencement of the relevant empowering provision; or on such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect.\n(sch-sec.30-ssec.6) Anything done under subsection (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences.\n(sch-sec.30-ssec.7) After the enactment of a provision mentioned in subsection (2) but before the provision’s commencement, this section applies as if the references in subsections (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subsection (2) as amended by the empowering provision.\n(sch-sec.30-ssec.8) In the application of this section to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument.\n- (a) to make an appointment; or\n- (b) to make a statutory instrument of a legislative or administrative character; 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 of the power or of bringing the appointment, instrument or other thing into effect;\n- (a) to make an appointment; or\n- (b) to make a statutory instrument of a legislative or administrative character; 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 of the power or of bringing the appointment, instrument or other thing into effect;\n- (a) this Law has commenced and confers a power to make a statutory instrument (the basic instrument-making power ); and\n- (b) a provision of a Queensland Act that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the additional instrument-making power );\n- (c) the basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument; and\n- (d) any provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subsection (2) .\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 under such a power into 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) at which, the instrument or provision is expressed to take effect.\n- (a) an appointment is made under subsection (1) or (2) ; or\n- (b) an instrument, or a provision of an instrument, made under subsection (1) or (2) is not necessary for a purpose mentioned in subsection (4) ;\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) at which, the appointment, instrument or provision is expressed to take effect.","sortOrder":1147},{"sectionNumber":"sch-inc-sch.1-pt.5","sectionType":"part","heading":"Distance, time and age","content":"# Distance, time and age","sortOrder":1148},{"sectionNumber":"sch-sec.31","sectionType":"section","heading":"Matters relating to distance, time and age","content":"### sch-sec.31 Matters relating to distance, time and age\n\nIn the measurement of distance for the purposes of this Law, the distance is to be measured along the shortest road ordinarily used for travelling.\nIf a period beginning on a given day, act or event is provided or allowed for a purpose by this Law, the period is to be calculated by excluding the day, or the day of the act or event, and—\nif the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and\nin any other case—by including the day on which the purpose is to be fulfilled.\nIf the last day of a period provided or allowed by this Law for doing anything is not a business day in the place in which the thing is to be or may be done, the thing may be done on the next business day in the place.\nIf the last day of a period provided or allowed by this Law for the filing or registration of a document is a day on which the office is closed where the filing or registration is to be or may be done, the document may be filed or registered at the office on the next day that the office is open.\nIf no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the prescribed occasion happens.\nIf, in this Law, there is a reference to time, the reference is, in relation to the doing of anything in a jurisdiction, a reference to the legal time in the jurisdiction.\nFor the purposes of this Law, a person attains an age in years at the beginning of the person’s birthday for the age.\n(sch-sec.31-ssec.1) In the measurement of distance for the purposes of this Law, the distance is to be measured along the shortest road ordinarily used for travelling.\n(sch-sec.31-ssec.2) If a period beginning on a given day, act or event is provided or allowed for a purpose by this Law, the period is to be calculated by excluding the day, or the day of the act or event, and— if the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and in any other case—by including the day on which the purpose is to be fulfilled.\n(sch-sec.31-ssec.3) If the last day of a period provided or allowed by this Law for doing anything is not a business day in the place in which the thing is to be or may be done, the thing may be done on the next business day in the place.\n(sch-sec.31-ssec.4) If the last day of a period provided or allowed by this Law for the filing or registration of a document is a day on which the office is closed where the filing or registration is to be or may be done, the document may be filed or registered at the office on the next day that the office is open.\n(sch-sec.31-ssec.5) If no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the prescribed occasion happens.\n(sch-sec.31-ssec.6) If, in this Law, there is a reference to time, the reference is, in relation to the doing of anything in a jurisdiction, a reference to the legal time in the jurisdiction.\n(sch-sec.31-ssec.7) For the purposes of this Law, a person attains an age in years at the beginning of the person’s birthday for the age.\n- (a) if the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and\n- (b) in any other case—by including the day on which the purpose is to be fulfilled.","sortOrder":1149},{"sectionNumber":"sch-inc-sch.1-pt.6","sectionType":"part","heading":"Effect of repeal, amendment or expiration","content":"# Effect of repeal, amendment or expiration","sortOrder":1150},{"sectionNumber":"sch-sec.32","sectionType":"section","heading":"Time of Law ceasing to have effect","content":"### sch-sec.32 Time of Law ceasing to have effect\n\nIf a provision of this Law is expressed—\nto expire on a specified day; or\nto remain or continue in force, or otherwise have effect, until a specified day;\nthe provision has effect until the last moment of the specified day.\n- (a) to expire on a specified day; or\n- (b) to remain or continue in force, or otherwise have effect, until a specified day;","sortOrder":1151},{"sectionNumber":"sch-sec.33","sectionType":"section","heading":"Repealed Law provisions not revived","content":"### sch-sec.33 Repealed Law provisions not revived\n\nIf a provision of this Law is repealed or amended by a Queensland Act, or a provision of a Queensland Act, the provision is not revived merely because the Queensland Act or the provision of the Queensland Act—\nis later repealed or amended; or\nlater expires.\n- (a) is later repealed or amended; or\n- (b) later expires.","sortOrder":1152},{"sectionNumber":"sch-sec.34","sectionType":"section","heading":"Saving of operation of repealed Law provisions","content":"### sch-sec.34 Saving of operation of repealed Law provisions\n\nThe repeal, amendment or expiry of a provision of this Law does not—\nrevive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or\naffect the previous operation of the provision or anything suffered, done or begun under the provision; or\naffect a right, privilege or liability acquired, accrued or incurred under the provision; or\naffect a penalty incurred in relation to an offence arising under the provision; or\naffect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.\nAny such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the provision had not been repealed or amended or had not expired.\n(sch-sec.34-ssec.1) The repeal, amendment or expiry of a provision of this Law does not— revive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or affect the previous operation of the provision or anything suffered, done or begun under the provision; or affect a right, privilege or liability acquired, accrued or incurred under the provision; or affect a penalty incurred in relation to an offence arising under the provision; or affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.\n(sch-sec.34-ssec.2) Any such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the provision had not been repealed or amended or had not expired.\n- (a) revive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or\n- (b) affect the previous operation of the provision or anything suffered, done or begun under the provision; or\n- (c) affect a right, privilege or liability acquired, accrued or incurred under the provision; or\n- (d) affect a penalty incurred in relation to an offence arising under the provision; or\n- (e) affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.","sortOrder":1153},{"sectionNumber":"sch-sec.35","sectionType":"section","heading":"Continuance of repealed provisions","content":"### sch-sec.35 Continuance of repealed provisions\n\nIf a Queensland Act repeals some provisions of this Law and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence.","sortOrder":1154},{"sectionNumber":"sch-sec.36","sectionType":"section","heading":"Law and amending Acts to be read as one","content":"### sch-sec.36 Law and amending Acts to be read as one\n\nThis Law and all Queensland Acts amending this Law are to be read as one.","sortOrder":1155},{"sectionNumber":"sch-inc-sch.1-pt.7","sectionType":"part","heading":"Instruments under Law","content":"# Instruments under Law","sortOrder":1156},{"sectionNumber":"sch-sec.37","sectionType":"section","heading":"Schedule applies to statutory instruments","content":"### sch-sec.37 Schedule applies to statutory instruments\n\nThis Schedule applies to a statutory instrument, and to things that may be done or are required to be done under a statutory instrument, in the same way as it applies to this Law, and things that may be done or are required to be done under this Law, except so far as the context or subject matter otherwise indicates or requires.\nThe fact that a provision of this Schedule refers to this Law and not also to a statutory instrument does not, by itself, indicate that the provision is intended to apply only to this Law.\n(sch-sec.37-ssec.1) This Schedule applies to a statutory instrument, and to things that may be done or are required to be done under a statutory instrument, in the same way as it applies to this Law, and things that may be done or are required to be done under this Law, except so far as the context or subject matter otherwise indicates or requires.\n(sch-sec.37-ssec.2) The fact that a provision of this Schedule refers to this Law and not also to a statutory instrument does not, by itself, indicate that the provision is intended to apply only to this Law.","sortOrder":1157},{"sectionNumber":"sch-inc-sch.1-pt.8","sectionType":"part","heading":"Application to coastal waters","content":"# Application to coastal waters","sortOrder":1158},{"sectionNumber":"sch-sec.38","sectionType":"section","heading":"Application","content":"### sch-sec.38 Application\n\nThis Law has effect in and in relation to the coastal waters of this jurisdiction as if the coastal waters were part of this jurisdiction.","sortOrder":1159},{"sectionNumber":"sch-inc-sch.3-pt.1","sectionType":"part","heading":"Decisions of Regulator","content":"# Decisions of Regulator","sortOrder":1160},{"sectionNumber":"sch-inc-sch.3-pt.2","sectionType":"part","heading":"Decisions of authorised officers","content":"# Decisions of authorised officers","sortOrder":1161},{"sectionNumber":"sch-inc-sch.3-pt.3","sectionType":"part","heading":"Decisions of relevant road managers","content":"# Decisions of relevant road managers","sortOrder":1162}],"analysis":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.39(3)","severity":"high","reasoning":"Section 39(2) requires compliance 'unless the person has a reasonable excuse.' Section 39(3)(a) then removes 'not having the licence in immediate possession' as a reasonable excuse. A person cannot physically produce a document they do not have with them, yet the law criminalises that failure. This collapses the 'reasonable excuse' carve-out into near-meaninglessness for the most common real-world scenario where a driver has simply left their licence at home.","confidence":0.9,"description":"Section 39(3) expressly provides that it is NOT a reasonable excuse to fail to produce a driver licence that the person does not have it in their immediate possession. This effectively makes it an offence to not produce something you physically cannot produce at that moment, creating an impossible compliance situation."},{"type":"other","section":"sec.39(3)(b)","severity":"high","reasoning":"Abrogating the privilege against self-incrimination is constitutionally and legally sensitive. While parliaments can do this, it is unusual to embed it as a sub-paragraph of a 'reasonable excuse' provision rather than as an explicit abrogation clause with appropriate protections (e.g., derivative use immunity). The legislative technique here is clumsy and potentially creates downstream constitutional vulnerability.","confidence":0.75,"description":"Section 39(3)(b) provides that it is not a reasonable excuse that complying with the requirement to produce a driver licence 'might tend to incriminate the person or make the person liable to a penalty.' This effectively abrogates the privilege against self-incrimination without explicit and clear statutory language typically required for such an abrogation."},{"type":"other","section":"sec.28","severity":"low","reasoning":"The drafting error — placing a full stop after item (b) before item (c) — is visible in the text: '(b) a commissioner's conditional decision. (c) a commissioner's amendment or cancellation decision.' This could be read as (c) being outside the list created by the section's opening words, creating ambiguity about whether amendment or cancellation decisions are formally 'reviewable decisions' for Chapter 11 purposes.","confidence":0.7,"description":"Section 28 lists reviewable decisions using inconsistent punctuation: items (a) and (b) are terminated with a full stop after (b), then item (c) follows as a separate sentence. This creates ambiguity as to whether (c) is actually part of the list or a separate standalone provision, potentially meaning (c) is not a listed reviewable decision within the same operative clause."},{"type":"self_contradicting","section":"sec.34(2)","severity":"medium","reasoning":"Under the doctrine of parliamentary sovereignty as applied in Queensland (a unicameral legislature without an entrenched constitution), no ordinary Act can bind a future Parliament. Section 34(2) attempts to do exactly that by stating no future Queensland Act can override this provision. This is self-contradicting: the very Act making this declaration could itself be amended or repealed by a later Queensland Act, rendering the declaration nugatory.","confidence":0.8,"description":"Section 34(2) purports to declare that 'No Act of Queensland can have effect to stop the Regulator from being a national system employer.' A Queensland Act purporting to bind future Queensland Parliaments against passing legislation is constitutionally dubious under the doctrine of parliamentary sovereignty — a later Act of Queensland can always override an earlier one."},{"type":"other","section":"sec.2A(3)","severity":"medium","reasoning":"Section 2A(2) says remaining provisions 'commence on a day to be fixed by proclamation' with no backstop date specified in section 2A itself. Section 2A(3) preserves section 2(2)'s longstop, but the interaction is unclear: does the 1 July 2018 longstop in section 2(2) apply to these remaining provisions? If it does, section 2A(2) adds nothing; if it doesn't, those provisions could remain uncommenced indefinitely.","confidence":0.65,"description":"Section 2A(3) states it 'applies despite section 2(1) but does not limit the application of section 2(2).' Section 2(2) is the longstop commencement date (1 July 2018). If section 2A(2) allows remaining provisions to commence on a day fixed by proclamation with no longstop, those provisions could theoretically never commence, creating a permanent legislative lacuna for parts of the HVNL (Qld) not covered by section 2A(1)."},{"type":"other","section":"sec.34C(5)","severity":"low","reasoning":"Section 34C(1)(d) refers to 'accrued rights to annual, sick, long service or other leave' while section 34C(5) refers to 'rights to recreation, sick, long service or other leave.' In Queensland public sector terminology, 'recreation leave' and 'annual leave' may be equivalent, but the inconsistent use of different terms within the same section creates unnecessary ambiguity about the scope of entitlements being transferred.","confidence":0.6,"description":"Section 34C(5) refers to 'an employee's rights to recreation, sick, long service or other leave' but uses the word 'recreation' rather than the more usual 'annual' leave used in section 34C(1)(d). This inconsistency in terminology within the same section creates ambiguity about whether 'annual leave' and 'recreation leave' are the same entitlement."},{"type":"self_contradicting","section":"sec.40(4)","severity":"medium","reasoning":"Under section 22, inaction or uncertainty defaults to consent being withheld (commissioner must affirmatively decide). Under section 40(4), the commissioner can only give consent if positively satisfied of safety — meaning uncertainty also prevents consent. However, the framing is inverted: for mass/dimension exemptions (s.22), the burden is on finding unsafety to refuse; for blue light exemptions (s.40), the burden is on finding safety to consent. This creates an asymmetric and potentially more onerous threshold for blue light exemptions without apparent policy justification.","confidence":0.72,"description":"Section 40(4) states the commissioner 'may decide to give the consent only if' satisfied the exemption will not adversely affect public safety, creating an inverted standard compared to mass/dimension exemptions in section 22(4). For mass/dimension exemptions, the commissioner may REFUSE only if satisfied of adverse safety effects; for blue light exemptions, the commissioner may CONSENT only if satisfied of no adverse effects. The asymmetry means the default position (no decision) has opposite effects."}],"contradictions":[{"severity":"low","section_a":"sec.5(1)(a)","section_b":"sec.5(3)","confidence":0.6,"description":"Section 5(1)(a) lists the Acts Interpretation Act 1954 as not applying to the Heavy Vehicle National Law (Queensland). Section 5(3) then immediately re-applies section 20C of that same Act to the HVNL (Qld). While section 5(1) has carve-outs 'other than to the extent provided for in subsections (3) to (6)', the structure creates a potential interpretive problem: if the Act does not apply, it is unclear on what basis individual provisions of it are then imported, and whether other provisions of the Acts Interpretation Act 1954 might be imported by implication through the applied provisions."},{"severity":"medium","section_a":"sec.5(1)(b)-(i)","section_b":"sec.5(6)","confidence":0.7,"description":"Section 5(1) excludes Acts (b) through (i) from applying to the HVNL (Qld) or instruments made under it. Section 5(6) then re-applies those same Acts to 'an entity of the State exercising functions under the Heavy Vehicle National Law (Queensland).' Since the HVNL (Qld) itself is exercised by entities of the State, this creates a situation where the Acts simultaneously do not apply to the Law but do apply to entities exercising the Law — a distinction without a clear practical boundary in many operational contexts."},{"severity":"high","section_a":"sec.22(4)","section_b":"sec.22(7)","confidence":0.82,"description":"Section 22(4) allows the commissioner to refuse consent for both mass or dimension exemption (notices) and (permits). Section 22(7) defines 'commissioner's refusal decision' as only applying to a refusal in relation to a mass or dimension exemption (permit). This means a refusal in relation to a notice has no defined decision category, yet section 28 only lists 'commissioner's refusal decision' (defined only for permits) as a reviewable decision — leaving refusals relating to notices potentially unreviewable."},{"severity":"high","section_a":"sec.23(3)","section_b":"sec.28","confidence":0.78,"description":"Section 23(3) defines 'commissioner's conditional decision' as only a decision to consent to a mass or dimension exemption (permit) subject to a public safety condition. Section 28 lists this as a reviewable decision. However, section 23(1) allows conditional consent for both notices and permits, yet only the permit version is made reviewable through the defined term. Conditional decisions relating to notices appear to fall outside the reviewable decision framework entirely."},{"severity":"low","section_a":"sec.34C(1)(d)","section_b":"sec.34D(1)(e)","confidence":0.5,"description":"Section 34C(1)(d) transfers TMR's liabilities for accrued leave entitlements to the Regulator, and section 34C(4) requires TMR to pay the Regulator an equivalent amount. However, section 34D(1)(e) provides that the transfer does not 'require TMR to make any payment to the employee in relation to the employee's accrued rights to recreation, sick, long service or other leave.' Read together, TMR must pay the Regulator for leave liabilities (s.34C(4)) but need not pay the employee (s.34D(1)(e)) — this is internally consistent but the interaction between TMR paying the Regulator and the Regulator then being liable to the employee creates a potential gap if the payment mechanism fails."},{"severity":"low","section_a":"sec.29(5)","section_b":"sec.19 (definition of review and appeal information)(c)","confidence":0.55,"description":"Section 29(5) provides that the review decision for a commissioner's decision 'can not be the subject of an appeal under Part 11.3 of the Law.' However, section 19's definition of 'review and appeal information' requires notices to state that 'the decision of the commissioner on the review is not subject to further review or appeal under the Law.' While consistent in effect, persons are told there is no further review OR appeal, when technically there may be other review mechanisms outside Part 11.3. More critically, the information notices directed at applicants about commissioner's refusal/conditional decisions must include this limitation, potentially misleading applicants about other potential avenues of challenge (e.g., judicial review)."},{"severity":"medium","section_a":"sec.13","section_b":"sec.35","confidence":0.65,"description":"Section 13 declares every police officer to be an authorised officer for the purposes of the HVNL (Qld). Section 35 then provides that provisions of Chapter 9 of the HVNL (Qld) that correspond to provisions of the Police Powers and Responsibilities Act 2000 do not apply to authorised officers who are police officers. This creates a class of authorised officers (police) who are authorised officers but to whom a significant portion of the powers framework does not apply, potentially leaving gaps in their authority or creating uncertainty about which Chapter 9 powers they actually hold."}]},"kimi_summary":{"_metrics":{"completionTokens":685},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond simple adoption of the national law. It now includes: (1) extensive police oversight mechanisms for public safety (Part 4, Division 2); (2) employee transfer provisions from TMR to the Regulator (Division 4A, inserted 2024); (3) specific Queensland evidentiary rules; (4) industrial relations declarations; and (5) complex transitional arrangements preserving old Queensland transport law. The original 2012 Act was relatively straightforward adoption legislation — subsequent amendments have made it a substantial body of Queensland-specific heavy vehicle law in its own right."},"complexity_factors":["Extensive cross-referencing between the Act and the Schedule (the actual Heavy Vehicle National Law)","Multiple layers of modification — the Schedule applies 'as modified by Parts 4 and 4A'","Nested definitions with circular references (e.g., 'heavy vehicle' defined by reference to GVM/ATM, which are themselves defined)","Conditional commencement provisions with fallback dates and special Queensland-specific commencement rules","Complex administrative arrangements — the Regulator is a national body but this Act makes it subject to Queensland industrial relations law","Savings and transitional provisions that preserve pre-existing Queensland transport law for offences committed before commencement","Police Commissioner consent requirements with defined 'critical areas' and 'critical roads' mapped by the chief executive"],"plain_english_summary":"**What this legislation does:**\n\nThis is Queensland's **adoption legislation** for the Heavy Vehicle National Law (HVNL) — a national scheme that regulates heavy vehicles (trucks, buses, and combinations over 4.5 tonnes) across Australia. Think of it as Queensland's \"local hook\" that brings the national law into force within the state.\n\n**Key things it does:**\n\n- **Adopts the national law**: The bulk of the rules (vehicle standards, mass limits, fatigue management, safety duties) are contained in a separate document called \"the Schedule\" — this Act makes that Schedule apply as Queensland law\n\n- **Sets up Queensland-specific machinery**: It defines which local entities play which roles — for example:\n  - The **Police Commissioner** must consent to certain oversized vehicle permits for public safety reasons\n  - **QCAT** (Queensland Civil and Administrative Tribunal) handles appeals\n  - **Local councils** are declared \"road managers\" for their roads\n\n- **Creates special Queensland rules**: The Police Commissioner has a veto power over mass/dimension exemptions in \"critical areas\" (sections 20-29), and there are specific evidentiary rules for Queensland courts\n\n- **Handles the transition**: When the national law started, this Act ensured existing Queensland transport permits and orders continued in force\n\n**Who it affects:**\n- Truck drivers and operators\n- Transport companies\n- Local councils managing roads\n- The National Heavy Vehicle Regulator (based in Queensland)\n- Police (who are automatically \"authorised officers\" for enforcement)\n\n**Why it matters:**\nWithout this Act, the national heavy vehicle rules wouldn't apply in Queensland. It ensures consistent rules across state borders while preserving Queensland's ability to protect public safety through police oversight and local road management."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has grown significantly beyond its original 2012 scope of simply adopting the national heavy vehicle law for Queensland. Subsequent amendments have added: a detailed police commissioner consent regime for mass/dimension exemptions (2013); blue light vehicle controls (2013); Queensland-specific evidence and averment rules (2013); industrial relations declarations for the Regulator (2013); information-sharing authorisations (2013); use-of-force provisions for police officers (2013); and a substantial 2024 division enabling the transfer of Queensland government employees and vehicles to the national Regulator. The law has evolved from a simple adoption mechanism into a complex state-level regulatory framework that sits alongside and modifies the national scheme."},"complexity_factors":["The Act is itself only an 'application' statute — the substantive law lives in a separate national Schedule, meaning readers must consult two documents simultaneously to understand the full legal position","Multiple layers of modification: the national law applies 'as modified by parts 4 and 4A', creating a patchwork of national rules plus Queensland-specific overrides","Cross-referencing between this Act and dozens of other Queensland Acts (TORUM, Transport Infrastructure Act, Public Sector Act, Fair Work Act, Police Powers and Responsibilities Act, QCAT Act, etc.) and specific sections of each","Staged and fragmented commencement provisions (section 2 and 2A) with different parts of the law commencing at different times under different triggers","Complex jurisdictional layering: a national regulator operating within a state framework, with state police commissioner having veto powers over certain national regulatory decisions","Elaborate review and appeal architecture: commissioner decisions feed into national Law review processes but with bespoke modifications — some appeal rights are excluded, others redirected","Multiple categories of road managers (state roads, local government roads, franchised toll roads, Airport Link specifically named) each with different responsible entities","Employee transfer provisions (Division 4A) interact with Commonwealth Fair Work Act concepts like 'copied State instruments' — requires understanding of federal industrial relations law","Exclusion provisions (section 5) carve out most standard Queensland legislation from applying, with multiple exceptions to those exclusions, creating a complex matrix of applicable law","Evidential certificate provisions create quasi-judicial documents with specific legal weight — nuanced for practitioners"],"plain_english_summary":"## Heavy Vehicle National Law Act 2012 (Queensland)\n\n### What is this law?\n\nThis Act is Queensland's way of adopting a **national uniform law** that regulates trucks, buses, and other heavy vehicles (generally vehicles over 4.5 tonnes). Instead of each state writing its own separate heavy vehicle laws, Queensland signed on to a shared national scheme and this Act is the legal 'hook' that makes those national rules apply here.\n\n### Who does this affect?\n\n- **Truck drivers and transport operators**: Your vehicles, licences, loads, and working hours are regulated under this law. If you drive or operate a heavy vehicle in Queensland, this applies to you.\n- **Freight and logistics companies**: The chain of responsibility rules mean businesses — not just drivers — can be held liable for safety breaches.\n- **Road managers and local governments**: They have a say in what heavy vehicles can use their roads.\n- **Queensland Police**: Officers are automatically 'authorised officers' under this law and have enforcement powers.\n- **TMR employees** (Transport and Main Roads department staff): Some staff have been transferred to the national Regulator under recent 2024 amendments.\n\n### What does it actually do?\n\n1. **Adopts the national heavy vehicle law**: Queensland applies the national rules (contained in a Schedule to this Act) as if they were Queensland law, with some local modifications.\n\n2. **Sets up Queensland-specific roles**: It names who is the 'road authority,' 'road manager' (different for state roads, local roads, and toll roads like Airport Link), and which courts handle disputes (mainly QCAT — the Queensland Civil and Administrative Tribunal — for most matters, Magistrates Courts for others).\n\n3. **Police commissioner has special powers over oversized loads**: If a transport company wants a permit or exemption to run an extra-wide or extra-heavy vehicle (called a 'mass or dimension exemption'), the Police Commissioner must approve it if it affects 'critical areas' or roads. The Commissioner can refuse, add safety conditions, or later revoke approval if public safety is at risk.\n\n4. **Controls on blue lights**: Non-police heavy vehicles can only be fitted with blue lights (like amber emergency lights on large vehicles) with the Police Commissioner's written permission.\n\n5. **Evidence rules**: Special certificates from the Regulator or road authority can be used as evidence in court without needing to produce original documents.\n\n6. **Parliamentary oversight of national regulations**: Even though the rules are made nationally, Queensland's parliament retains the right to 'disallow' (veto) national regulations that apply here.\n\n7. **Employee transfers (2024)**: Queensland government transport workers can be formally transferred to the national Heavy Vehicle Regulator, with their entitlements (leave, super, continuity of service) protected.\n\n### Why does it matter?\n\nHeavy vehicles cause disproportionate road trauma and infrastructure damage. This law creates a consistent national framework so that a truck operator doesn't face completely different rules in every state. For Queensland specifically, it preserves state police and government oversight over the most sensitive safety decisions — like who gets to drive an oversized load through a busy urban area."}},"importantCases":[],"_links":{"self":"/api/acts/heavy-vehicle-national-law-act-2012","history":"/api/acts/heavy-vehicle-national-law-act-2012/history","analysis":"/api/acts/heavy-vehicle-national-law-act-2012/analysis","conflicts":"/api/acts/heavy-vehicle-national-law-act-2012/conflicts","importantCases":"/api/acts/heavy-vehicle-national-law-act-2012/important-cases","documents":"/api/acts/heavy-vehicle-national-law-act-2012/documents"}}