{"id":"heavy-vehicle-national-law-application-act-2013","name":"Heavy Vehicle National Law Application Act 2013","slug":"heavy-vehicle-national-law-application-act-2013","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173474,"registerId":"vic-heavy-vehicle-national-law-application-act-2013-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Heavy Vehicle National Law Application Act 2013","content":"Version No. 026\n\n**Heavy Vehicle National Law Application Act 2013**\n\n**No. 30 of 2013**\n\nVersion incorporating amendments as at  \n6 August 2025\n\n**TABLE OF PROVISIONS**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purposes 1\n\n2 Commencement 1\n\n3 Definitions 1\n\nPart 2—Application of Heavy Vehicle National Law 3\n\n4 Application of Heavy Vehicle National Law 3\n\n5 Exclusion of legislation of this jurisdiction 3\n\n6 Disallowance of national regulations 5\n\n7 Rail replacement buses and buses responding to an emergency exemption 6\n\n8 Return of seized things or samples 8\n\n9 Use of certificates in assessing compensation 8\n\n9A Additional powers and functions of the Regulator—authorised officers under Victorian Acts 8\n\nPart 3—Meaning of terms for Heavy Vehicle National Law (Victoria) 10\n\n10 Meaning of generic terms in Heavy Vehicle National Law for the purposes of this jurisdiction 10\n\n11 Authorised warrant official 10\n\n12 Authorised officer 10\n\n13 Infringement Notice Offences Law 11\n\n14 Local government authority 11\n\n15 Relevant tribunal or court 11\n\n16 Responsible Minister 12\n\n17 Road authority 12\n\n18 Road manager 12\n\n19 Road Rules 15\n\n20 Meaning of *road* and *road-related area* 15\n\n21 Meaning of *convicts* and *convicted of an offence* 16\n\n22 Primary WHS Law 16\n\n23 Power to forfeit particular things or samples 16\n\n24 Infringement offence under the Heavy Vehicle National Law (Victoria) 16\n\n25 Infringement penalty 17\n\n26 Review of decision by VCAT 17\n\n27 Meaning of *relevant law* 17\n\n28 Toll road authority 17\n\nPart 4—Offences and legal proceedings 19\n\nDivision 1—General 19\n\n29 No double jeopardy 19\n\n31 Persons who may commence proceedings for offences 19\n\nDivision 2—Evidentiary provisions for offences against the Heavy Vehicle National Law (Victoria) or national regulations 21\n\n32 Average speed evidence of actual speed in certain circumstances 21\n\n33 Evidence of road distance 22\n\n34 Evidence of speed 23\n\n35 Evidence of engine management system data 23\n\n36 Certain matters indicated by prescribed road safety cameras are evidence 24\n\n36A Evidence of mass 25\n\n37 Evidence of testing and sealing 26\n\n38 Evidence relating to prescribed road safety cameras 26\n\nPart 6—General 28\n\nDivision 1—Regulations 28\n\n54 Regulations 28\n\nDivision 2—Savings and transitional provisions 28\n\n56 Definitions 28\n\n57 Authorised officers 29\n\n58 Fatigue management 29\n\n59 Work diary 29\n\nDivision 3—Savings and transitional arrangements—Transport Legislation Amendment Act 2019 30\n\n59A Application of Interpretation of Legislation Act 1984 30\n\nPart 7—Consequential amendments 31\n\n60 Consequential amendments 31\n\n61 Repeal 31\n\nSchedule 32\n\n═══════════════\n\nEndnotes 41\n\n1 General information 41\n\n2 Table of Amendments 43\n\n3 Explanatory details 46\n\n**Version No.** **026**\n\n**Heavy Vehicle National Law Application Act 2013**\n\n**No. 30 of 2013**\n\nVersion incorporating amendments as at  \n6 August 2025\n\n**The Parliament of Victoria enacts:**\n\nPart 1—Preliminary\n\n\t1 Purposes\n\nThe main purposes of this Act are—\n\n(a) to provide for the application of a National Law to regulate the use of heavy vehicles; and\n\n(b) to make related and consequential amendments to other Acts.\n\n\t2 Commencement\n\nThis Act comes into operation on a day or days to be proclaimed.\n\n\t3 Definitions\n\n(1) In this Act—\n\nS. 3(1) def. of *Head, Transport for Victoria* inserted by No. 49/2019 s. 141(b).\n\n***Head, Transport for Victoria*** has the same meaning as in section 3 of the **Transport Integration Act 2010**;\n\n***Heavy Vehicle National Law (Victoria)*** means the provisions applying in this jurisdiction because of section 4;\n\n***magistrate*** means a magistrate within the meaning of the **Magistrates' Court Act 1989**;\n\nS. 3(1) def. of *member of the force* inserted by No. 35/2014 s. 59, repealed by No. 37/2014 s. 10(Sch. item 79.1(b)).\n\n ** * * * **\n\nS. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 79.1(a)).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *Roads Corporation* repealed by No. 49/2019 s. 141(a).\n\n ** * * * **\n\n***Scrutiny of Acts and Regulations Committee*** means the committee established under section 5(k) of the **Parliamentary Committees Act 2003**;\n\nS. 3(1) def. of *Secretary* inserted by No. 49/2019 s. 141(b), amended by No. 25/2025 s. 106(Sch. 1 item 20).\n\n***Secretary*** means the Secretary to the Department of Transport and Planning;\n\n***this jurisdiction*** means Victoria.\n\n(2) Terms used in this Act and also in the Heavy Vehicle National Law set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland have the same meanings in this Act as they have in that law.\n\nPart 2—Application of Heavy Vehicle National Law\n\n\t4 Application of Heavy Vehicle National Law\n\nThe Heavy Vehicle National Law, as in force from time to time, set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland—\n\nS. 4(a) amended by No. 49/2019 s. 142.\n\n(a) applies as a law of this jurisdiction; and\n\n(b) as so applying may be referred to as the Heavy Vehicle National Law (Victoria); and\n\n(c) so applies as if it were an Act.\n\n\t5 Exclusion of legislation of this jurisdiction\n\n(1) The following Acts of this jurisdiction do not apply to the Heavy Vehicle National Law (Victoria) or to instruments made under that Law—\n\n(a) the **Financial Management Act 1994**;\n\n(b) the **Freedom of Information Act 1982**;\n\nS. 5(1)(c) repealed by No. 60/2014 s. 140(Sch. 3 item 26.1).\n\n* * * * *\n\n(d) the **Interpretation of Legislation Act 1984**, other than sections 11, 13 and 46A;\n\n(e) the **Monetary Units Act 2004**;\n\nS. 5(1)(ea) inserted by No. 60/2014 s. 140(Sch. 3 item 26.2).\n\n(ea) the **Privacy and Data Protection Act 2014**;\n\n(f) the **Public Administration Act 2004**;\n\n(g) the **Public Records Act 1973**;\n\n(h) the **Subordinate Legislation Act 1994** (except as provided by section 6).\n\nS. 5(2) amended by No. 70/2016 s. 52.\n\n(2) However, the Acts referred to in subsection (1)(a), (b), (ea), (f) and (g) apply to a public sector body or a public sector employee exercising a function under the Heavy Vehicle National Law (Victoria).\n\n(3) The **Audit Act 1994** does not apply to the Heavy Vehicle National Law (Victoria) or to instruments made under that law, except to the extent that that law and those instruments apply to—\n\n(a) a public sector body and the employees, decisions, actions and records of the public sector body in carrying out a function; or\n\n(b) the Auditor-General in carrying out an audit as required by a national regulation made under section 693(3)(b) of the Heavy Vehicle National Law (Victoria).\n\n(4) For the avoidance of doubt—\n\n(a) subsection (1)(d) does not limit the application of the **Interpretation of Legislation Act 1984** to a provision of this Act;\n\n(b) subsection (1)(h) does not limit the application of the **Subordinate** **Legislation Act 1994** to regulations made under section 54 of this Act.\n\nS. 5(4A) inserted by No. 49/2019 s. 194(1).\n\n(4A) The following Acts of this jurisdiction do not apply to a relevant authorised officer when the officer is performing a function or exercising a power under the **Road Management Act 2004** or the **Road Safety Act 1986**—\n\n(a) the **Audit Act 1994**;\n\n(b) the **Financial Management Act 1994**;\n\n(c) the **Freedom of Information Act 1982**;\n\n(d) the **Monetary Units Act 2004**;\n\n(e) the **Privacy and Data Protection Act 2014**;\n\n(f) the **Public Administration Act 2004**;\n\n(g) the **Public Records Act 1973**.\n\n(5) In this section—\n\n***public sector body*** has the same meaning as in the **Public Administration Act 2004**;\n\nS. 5(5) def. of *public sector employee* amended by No. 49/2019 s. 194(2)(a).\n\n***public sector employee*** has the same meaning as in the **Public Administration Act 2004**;\n\nS. 5(5) def. of *relevant authorised officer* inserted by No. 49/2019 s. 194(2)(b).\n\n***relevant authorised officer*** means a member of staff of the Regulator who is—\n\n(a) an authorised officer within the meaning of the **Road Management Act 2004**; or\n\n(b) an authorised officer for the purposes of section 13, 16, 74 or Part 9 of the **Road Safety Act 1986**; or\n\n(b) authorised for the purposes of section 53 or 59 of the **Road Safety Act 1986**.\n\n\t6 Disallowance of national regulations\n\n(1) Section 15(1) and Part 5 (except sections 21(1)(ga) and (j)) of the **Subordinate Legislation Act 1994** apply to a national regulation as if—\n\n(a) the national regulation were a statutory rule within the meaning of that Act; and\n\nS. 6(1)(b) amended by No. 74/2013 s. 20.\n\n(b) a reference in section 15(1) or 23(2)(a)(ii) of that Act to the publication of notice of the making of the statutory rule in the Government Gazette under section 17(2) of that Act were a reference to the later of—\n\n(i) the publication of the national regulation under section 733 of the Heavy Vehicle National Law (Victoria);\n\n(ii) the day this section comes into operation.\n\n**Note**\n\nSection 15(1) of the **Subordinate Legislation Act 1994** requires that a statutory rule be laid before each House of Parliament. Part 5 of that Act provides for the suspension or disallowance of statutory rules in certain circumstances.\n\n(2) If a national regulation is disallowed in whole or in part under the **Subordinate Legislation Act 1994**, then despite anything to the contrary in that Act, the disallowed regulation does not, or the disallowed part does not, cease to have effect in this jurisdiction unless the disallowed regulation, or disallowed part, is disallowed in a majority of the participating jurisdictions.\n\n(3) In such a case, the disallowed regulation, or disallowed part, ceases to have effect on the date that regulation or part is disallowed in the last of the participating jurisdictions forming the majority of participating jurisdictions.\n\n\t7 Rail replacement buses and buses responding to an emergency exemption\n\n(1) Chapter 6 of the Heavy Vehicle National Law (Victoria) does not apply to a person in the course of carrying out his or her duties as—\n\n(a) a driver for a rail replacement bus service who is responding to a rail disruption; or\n\nS. 7(1)(b) amended by No. 7/2019 s. 40(a).\n\n(b) a driver for a bus service who is responding to an emergency; or\n\nS. 7(1)(c) inserted by No. 7/2019 s. 40(b).\n\n(c) the record keeper for a driver referred to in paragraph (a) or (b).\n\n(2) In this section—\n\n***bus service*** has the same meaning as in the **Bus Safety Act 2009**;\n\n***emergency*** means an event, or an anticipated event, that—\n\n(a) endangers, or may endanger life, property or the environment; or\n\n(b) has disrupted, or may disrupt, communications, energy, water supply or sewerage services; or\n\n(c) is declared to be an emergency or disaster by—\n\n(i) the Commonwealth or a State or Territory; or\n\n(ii) a Commonwealth, State or Territory authority responsible for managing responses to emergencies or disasters;\n\n***rail disruption*** means the unplanned disruption of a rail service that is sufficiently serious to require the provision of a rail replacement bus service;\n\n***rail replacement bus service*** means a bus service (operated by an accredited bus operator within the meaning of the **Bus Safety Act 2009**) which carries passengers of a disrupted rail service;\n\n***rail service*** means a train service or a tram service.\n\n\t8 Return of seized things or samples\n\nSection 556 of the Heavy Vehicle National Law (Victoria) applies as if after section 556(4) there were inserted—\n\n\"(4A) If the relevant tribunal or court is not satisfied as set out in subsection (4), it may—\n\n(a) 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; or\n\n(b) make an order that the thing or sample be forfeited to the State and—\n\n(i) destroyed in accordance with the order; or\n\n(ii) sold in accordance with the order and the proceeds of the sale paid into the Consolidated Fund.\n\n(4B) An order made under subsection (4A)(b) cannot take effect before the end of any applicable appeal period or the determination of any appeal made within that period.\".\n\n\t9 Use of certificates in assessing compensation\n\nSection 613(1) of the Heavy Vehicle National Law (Victoria) applies as if a reference in that section to 28 days were a reference to 60 days.\n\nS. 9A inserted by No. 49/2019 s. 195, substituted by No. 41/2020 s. 6.\n\n\t9A Additional powers and functions of the Regulator—authorised officers under Victorian Acts\n\n(1) Section 658 of the Heavy Vehicle National Law (Victoria) applies as if after section 658(2) there were inserted—\n\n\"(3) In addition, without limiting subsection (1), the Regulator may exercise the powers conferred on the Regulator under the **Road Safety Act 1986**.\".\n\n(2) Section 659 of the Heavy Vehicle National Law (Victoria) applies as if after section 659(2)(n) there were inserted—\n\n\"(o) to make available members of staff of the Regulator to be—\n\n(i) authorised officers within the meaning of the **Road Management Act 2004**; or\n\n(ii) authorised officers for the purposes of section 13, 16 or 74 or Part 9 of the **Road Safety Act 1986**; or\n\n(iii) authorised for the purposes of section 53, 59 or 77 of the **Road Safety Act 1986**; or\n\n(iv) authorised by or under a prescribed Act to perform functions or exercise powers under that Act;\n\n(p) any other functions conferred on the Regulator under the **Road Safety Act 1986**.\".\n\nPart 3—Meaning of terms for Heavy Vehicle National Law (Victoria)\n\n\t10 Meaning of generic terms in Heavy Vehicle National Law for the purposes of this jurisdiction\n\nIn the Heavy Vehicle National Law (Victoria)—\n\nS. 10 def. of *Roads Corporation* repealed by No. 49/2019 s. 143.\n\n ** * * * **\n\n***this jurisdiction*** means Victoria.\n\n\t11 Authorised warrant official\n\nA magistrate is declared to be an authorised warrant official for this jurisdiction for the purposes of the Heavy Vehicle National Law (Victoria).\n\n**Note**\n\nSee section 5 of the Heavy Vehicle National Law (Victoria) for the definition of ***authorised warrant official***.\n\n\t12 Authorised officer\n\nS. 12(1) amended by No. 37/2014 s. 10(Sch. item 79.2).\n\n(1) A police officer authorised by the Chief Commissioner of Police is declared to be an authorised officer for the purposes of Part 9.2 of the Heavy Vehicle National Law (Victoria).\n\nS. 12(2) amended by No. 37/2014 s. 10(Sch. item 79.2).\n\n(2) Any police officer is declared to be an authorised officer for the purposes of the Heavy Vehicle National Law (Victoria) other than Part 9.2.\n\nS. 12(3) repealed by No. 35/2014 s. 60(1).\n\n* * * * *\n\nNote to s. 12 inserted by No. 35/2014 s. 60(2).\n\n**Note**\n\nSee section 5 of the Heavy Vehicle National Law (Victoria) for the definition of ***authorised officer***.\n\nS. 13 amended by No. 47/2014 s. 266 (ILA s. 39B(1)).\n\n\t13 Infringement Notice Offences Law\n\n(1) The **Infringements Act 2006** and the regulations made under that Act are declared to be the Infringement Notice Offences Law for the purposes of the Heavy Vehicle National Law (Victoria).\n\nS. 13(2) inserted by No. 47/2014 s. 266.\n\n(2) The **Fines Reform Act 2014** and the regulations made under that Act are declared to be the Infringement Notice Offences Law for the purposes of enforcing an infringement notice issued under the Heavy Vehicle National Law (Victoria).\n\n**Note**\n\nSee section 5 of the Heavy Vehicle National Law (Victoria) for the definition of ***Infringement Notice Offences Law***.\n\nS. 14 amended by No. 9/2020 s. 390(Sch. 1 item 52).\n\n\t14 Local government authority\n\nA Council within the meaning of the **Local Government Act 2020** is declared to be a local government authority for this jurisdiction for the purposes of the Heavy Vehicle National Law (Victoria).\n\n**Note**\n\nSee section 5 of the Heavy Vehicle National Law (Victoria) for the definition of ***local government authority***.\n\nS. 15 substituted by No. 49/2019 s. 144.\n\n\t15 Relevant tribunal or court\n\n(1) VCAT is declared to be the relevant tribunal or court for this jurisdiction for the purposes of the Heavy Vehicle National Law (Victoria) other than Division 2 of Part 9.4 and Part 10.1A of that Law.\n\n**Note**\n\nSee section 5 of the Heavy Vehicle National Law (Victoria) for the definition of ***relevant tribunal or court***.\n\n(2) The Magistrates' Court is declared to be the relevant tribunal or court for this jurisdiction for the purposes Division 2 of Part 9.4 and Part 10.1A of the Heavy Vehicle National Law (Victoria).\n\n\t16 Responsible Minister\n\nThe Minister responsible for administering this Act is nominated as the responsible Minister for this jurisdiction for the purposes of the Heavy Vehicle National Law (Victoria).\n\n**Note**\n\nSee section 5 of the Heavy Vehicle National Law (Victoria) for the definition of ***responsible Minister***.\n\nS. 17 substituted by No. 49/2019 s. 145.\n\n\t17 Road authority\n\n(1) The Head, Transport for Victoria is declared to be the road authority for this jurisdiction for the purposes of the Heavy Vehicle National Law (Victoria) other than section 712(a), (b) and (c).\n\n**Note**\n\nSee section 5 of the Heavy Vehicle National Law (Victoria) for the definition of ***road authority***.\n\n(2) In addition, the Secretary is declared to be a road authority for this jurisdiction for the purposes of section 712 of the Heavy Vehicle National Law (Victoria).\n\n\t18 Road manager\n\n(1) The following entities are declared to be the road manager for the following roads for the purposes of the Heavy Vehicle National Law (Victoria)—\n\nS. 18(1)(a) amended by No. 49/2019 s. 146.\n\n(a) the Secretary for—\n\n(i) a freeway;\n\n(ii) an arterial road;\n\n(iii) the Extension road;\n\n(iv) the Link road;\n\n(v) the EastLink;\n\n(vi) the Peninsula Link Freeway;\n\nS. 18(1)(a)(vii) inserted by No. 8/2019 s. 109(1).\n\n(vii) the West Gate Tunnel tollway;\n\nS. 18(1)(a)(viii) inserted by No. 18/2020 s. 132(a).\n\n(viii) the North East Link road;\n\n(b) the relevant responsible road authority under section 37(1)(c) or (d) of the **Road Management Act 2004** for a non-arterial State road;\n\n(c) the Council of the municipal district for a municipal road or part of a municipal road situated in that district;\n\n(d) the owner of the road for any other road.\n\n**Note**\n\nSee section 5 of the Heavy Vehicle National Law (Victoria) for the definition of ***road manager***.\n\n(2) An entity referred to in subsection (1) may enter into an arrangement with another such entity to transfer a function of the entity in relation to a road to that other entity.\n\n(3) If an arrangement is in force under subsection (2), a reference in the Heavy Vehicle National Law (Victoria) to the road manager for the road in relation to the function transferred is taken to be a reference to the entity to which the function has been transferred.\n\n(4) In this section—\n\n***arterial road*** has the same meaning as in the **Road Management Act 2004**;\n\n***EastLink*** has the same meaning as in the **EastLink Project Act 2004**;\n\n***Extension road*** has the same meaning as in the **Melbourne City Link Act 1995**;\n\n***freeway*** has the same meaning as in the **Road Management Act 2004**;\n\n***Link road*** has the same meaning as in the **Melbourne City Link Act 1995**;\n\n***municipal road*** has the same meaning as in the **Road Management Act 2004**;\n\n***non-arterial State road*** has the same meaning as in the **Road Management Act 2004**;\n\nS. 18(4) def. of *North East Link road* inserted by No. 18/2020 s. 132(b).\n\n***North East Link road*** has the same meaning as in the **North East Link Act 2020**;\n\nS. 18(4) def. of *Peninsula Link Freeway* substituted by No. 8/2019 s. 109(2).\n\n***Peninsula Link Freeway*** has the same meaning as in the **Road Management Act 2004**;\n\nS. 18(4) def. of *West Gate Tunnel tollway* inserted by No. 8/2019 s. 109(2).\n\n***West Gate Tunnel tollway*** has the same meaning as in the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**.\n\nS. 19 amended by No. 7/2019 s. 35.\n\n\t19 Road Rules\n\nThe Road Rules within the meaning of section 3(1) of the **Road Safety Act 1986** are declared to be the Road Rules for the purposes of the Heavy Vehicle National Law (Victoria).\n\n**Note**\n\nSee section 5 of the Heavy Vehicle National Law (Victoria) for the definition of ***Road Rules***.\n\n\t20 Meaning of *road* and *road-related area*\n\n(1) If a declaration of a place or class of places to  \nbe a road or roads or a road related area or road related areas for the purposes of the **Road Safety Act 1986** in an Order made under section 3(2)(a) of that Act is in force, it is taken to be a declaration of the area to which it relates to be a road or road-related area (as the case requires) for the purposes of the Heavy Vehicle National Law (Victoria).\n\n**Note**\n\nSection 8(3) of the Heavy Vehicle National Law (Victoria) provides for the declaration of an area to be a ***road*** or ***road-related area*** for the purposes of that Law.\n\n(2) If a declaration of a place or class of places not to be a road or roads or a road related area or road related areas for the purposes of the **Road Safety Act 1986** in an Order made under section 3(2)(a) of that Act is in force, the area to which the declaration relates is taken not to be a road or road-related area (as the case requires) for the purposes of the Heavy Vehicle National Law (Victoria).\n\n\t21 Meaning of *convicts* and *convicted of an offence*\n\nFor the avoidance of doubt, section 9(1) of the Heavy Vehicle National Law (Victoria) applies only for the purposes of that Law and offences under that Law and not for the purposes of any other law of this jurisdiction.\n\n\t22 Primary WHS Law\n\nThe **Occupational Health and Safety Act 2004** and the regulations made under that Act are declared to be the primary WHS Law for the purposes of the Heavy Vehicle National Law (Victoria).\n\n**Note**\n\nSee section 18(4) of the Heavy Vehicle National Law (Victoria) for the definition of ***primary WHS Law***.\n\nS. 23 amended by No. 37/2014 s. 10(Sch. item 79.3).\n\n\t23 Power to forfeit particular things or samples\n\nThe **Victoria Police Act 2013** is the applicable legislation for the purposes of section 561(4)(b) of the Heavy Vehicle National Law (Victoria).\n\n**Note**\n\nSection 561(4)(b) of the Heavy Vehicle National Law (Victoria) makes provision for dealing with things or samples seized by a police officer.\n\n\t24 Infringement offence under the Heavy Vehicle National Law (Victoria)\n\nAn offence for which an infringement notice may be served under section 591 of the Heavy Vehicle National Law (Victoria) is an infringement offence for the purposes of the **Infringements Act 2006**.\n\n\t25 Infringement penalty\n\nThe infringement penalty for a prescribed offence within the meaning of section 591 of the Heavy Vehicle National Law (Victoria) is 10% of the maximum penalty for the offence.\n\n**Note**\n\nSection 591(3) of the Heavy Vehicle National Law (Victoria) sets out the meaning of ***prescribed offence***. Section 596(3) of the Heavy Vehicle National Law (Victoria) provides for the maximum penalty for an offence applicable to a body corporate. Section 737 of the Heavy Vehicle National Law (Victoria) sets out the method for increasing a penalty amount each 1 July.\n\n\t26 Review of decision by VCAT\n\n(1) A reference in the Heavy Vehicle National Law (Victoria) to an appeal against a review decision under Part 11.3 of that Law is a reference to an application to VCAT for review of the decision in accordance with the **Victorian Civil and Administrative Tribunal Act 1998**.\n\n(2) For the avoidance of doubt, the Heavy Vehicle National Law (Victoria) is an enabling enactment for the purposes of the **Victorian Civil and Administrative Tribunal Act 1998**.\n\n\t27 Meaning of *relevant law*\n\nThe **Road Safety Act 1986** is the law specified for the purposes of the definition of ***relevant law*** in section 727(1) of the Heavy Vehicle National Law (Victoria).\n\n\t28 Toll road authority\n\nEach of the following is an entity for the purposes of paragraph (h) of the definition of ***authorised use*** in section 727(1) of the Heavy Vehicle National Law (Victoria)—\n\n(a) the relevant corporation within the meaning of the **Melbourne City Link Act 1995**;\n\n(b) the Freeway Corporation within the meaning of the **EastLink Project Act 2004**;\n\nS. 28(ba) inserted by No. 8/2019 s. 110.\n\n(ba) the West Gate Tunnel Corporation within the meaning of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**;\n\nS. 28(bb) inserted by No. 18/2020 s. 133.\n\n(bb) the relevant North East Link Tolling Corporation within the meaning of the **North East Link Act 2020**;\n\nS. 28(c) amended by No. 49/2019 s. 147.\n\n(c) any other person the Head, Transport for Victoria, by notice published in the Government Gazette, declares to be an entity for the purposes of that paragraph.\n\nPart 4—Offences and legal proceedings\n\nDivision 1—General\n\n\t29 No double jeopardy\n\nIf—\n\n(a) an act or omission is an offence against the Heavy Vehicle National Law (Victoria) or the national regulations and is also an offence against a law of another participating jurisdiction; and\n\n(b) the offender has been punished for the offence under the law of the other jurisdiction—\n\nthe offender is not liable to be punished for the offence against the Heavy Vehicle National Law (Victoria) or the national regulations.\n\nS. 30 repealed by No. 49/2019 s. 148.\n\n* * * * *\n\n\t31 Persons who may commence proceedings for offences\n\n(1) A proceeding for an offence against the Heavy Vehicle National Law (Victoria) or the national regulations may be commenced by—\n\n(a) the Regulator; or\n\nS. 31(1)(b) repealed by No. 49/2019 s. 149(a).\n\n* * * * *\n\nS. 31(1)(ba) inserted by No. 35/2014 s. 61(1), amended by No. 45/2015 s. 3(a).\n\n(ba) a police officer; or\n\nS. 31(1)(c) repealed by No. 49/2019 s. 149(a).\n\n* * * * *\n\n(d) an employee of the Victorian Public Service who is authorised in writing to do so either generally or in any particular case by the Regulator; or\n\nS. 31(1)(e) amended by Nos 35/2014 s. 61(2), 45/2015 s. 3(b), 49/2019 s. 149(b).\n\n(e) an authorised officer (other than a police officer) who is authorised in writing to do so either generally or in any particular case by the Regulator or the Secretary.\n\nS. 31(1)(f) repealed by No. 35/2014 s. 61(3).\n\n* * * * *\n\n(2) An authorisation under subsection (1) is sufficient authority to continue proceedings in any case where the court amends the charge-sheet, warrant or summons.\n\n(3) Any person authorised under subsection (1) may conduct before a court any proceedings for an offence against the Heavy Vehicle National Law (Victoria) or the national regulations.\n\nDivision 2—Evidentiary provisions for offences against the Heavy Vehicle National Law (Victoria) or national regulations\n\n\t32 Average speed evidence of actual speed in certain circumstances\n\n(1) If, in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations—\n\n(a) the speed at which a heavy vehicle travelled is relevant; and\n\n(b) the prosecution relies on the average speed of the heavy vehicle between 2 points on a road as determined in accordance with subsection (2)—\n\nthe average speed so determined is evidence, and in the absence of evidence of the actual speed of the heavy vehicle to the contrary is proof, of the speed of the heavy vehicle.\n\n(2) For the purposes of subsection (1), the average speed of a heavy vehicle between 2 points on a road expressed in kilometres per hour is calculated in accordance with the following formula and rounded down to the next whole number—\n\n![]()\n\nwhere—\n\nD is the shortest distance, expressed in metres, that would be travelled by a heavy vehicle on the road between the 2 points;\n\nT is the time, expressed in seconds (including any part of a second), that has elapsed between the heavy vehicle passing the first and second points.\n\n**Example**\n\nIn 16·2 seconds a heavy vehicle travels between two points that are 400 metres apart. 400 × 3·6 divided by 16·2 equals 88·9 or, when rounded down to the next whole number, gives a result of 88. Therefore, for the purpose of subsection (1), the average speed of the heavy vehicle is 88 kilometres per hour.\n\n(3) This section does not derogate from any other mode of proof of the speed of the heavy vehicle.\n\n(4) For the purpose of a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, in which the speed at which a heavy vehicle travelled is relevant, if a heavy vehicle that is being towed is attached to a heavy vehicle, the heavy vehicle and the towing heavy vehicle are to be taken to be travelling at the same speed.\n\n\t33 Evidence of road distance\n\n(1) A certificate in the prescribed form purporting to be issued by an approved surveyor certifying as to the shortest distance, expressed in metres, that would be travelled by a heavy vehicle on a road between 2 points is admissible in evidence in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations and, in the absence of evidence to the contrary, is proof of that distance.\n\n(2) In this section—\n\n***approved surveyor*** means a licensed surveyor approved under section 78A(2) of the **Road Safety Act 1986**;\n\n***prescribed*** means prescribed in regulations made under the **Road Safety Act 1986** for the purposes of section 78A of that Act.\n\n\t34 Evidence of speed\n\n(1) If, in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, the speed at which a heavy vehicle travelled on any occasion is relevant, evidence of the speed of the heavy vehicle as indicated or determined on that occasion by a prescribed road safety camera or prescribed speed detector when tested, sealed and used in the prescribed manner is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the speed of the heavy vehicle on that occasion.\n\n(2) For the purpose of a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations in which the speed at which a heavy vehicle travelled on any occasion is relevant, if a heavy vehicle that is being towed is attached to another heavy vehicle, the heavy vehicle and the towing heavy vehicle are to be taken to be travelling at the same speed.\n\n(3) In this section—\n\n***prescribed*** means prescribed in regulations made under the **Road Safety Act 1986** for the purposes of section 79 of that Act.\n\n\t35 Evidence of engine management system data\n\n(1) If, in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, any information held in a heavy vehicle's engine management system is relevant, any representation of that information derived from an engine management system reading device specified by the regulations is to be presumed, in the absence of evidence to the contrary, to be an accurate record of that information if the device is operated in the manner specified for that device in the regulations and the information is derived in accordance with the regulations.\n\n(2) In this section—\n\n***the regulations*** means regulations made under the **Road Safety Act 1986** for the purposes of section 79A of that Act.\n\n\t36 Certain matters indicated by prescribed road safety cameras are evidence\n\nS. 36(1) amended by No. 49/2019 s. 150(1).\n\n(1) If, in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, the speed at which a heavy vehicle travelled on any occasion is relevant, evidence of the speed of the heavy vehicle as indicated or determined on that occasion by—\n\n(a) a prescribed road safety camera when tested, sealed and used in the prescribed manner; or\n\n(b) an image or message produced by a prescribed road safety camera when tested, sealed and used in the prescribed manner; or\n\n(c) an image or message produced by a prescribed process when used in the prescribed manner—\n\nis, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the speed of the heavy vehicle on that occasion.\n\nS. 36(2) amended by No. 49/2019 s. 150(2).\n\n(2) For the purpose of a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, in which the speed at which a heavy vehicle travelled on any occasion is relevant, if a heavy vehicle that is being towed is attached to another heavy vehicle, the heavy vehicle or towed heavy vehicle and the towing heavy vehicle are to be taken to be travelling at the same speed.\n\nS. 36(2A) inserted by No. 49/2019 s. 150(3).\n\n(2A) For the purposes of subsection (1), if an image produced by a prescribed process when used in the prescribed manner depicts one or more motor vehicles, a marker on a particular motor vehicle that is a heavy vehicle and a message stating the speed of that heavy vehicle is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the speed of that heavy vehicle on that occasion.\n\nS. 36(3) amended by Nos 49/2019 s. 150(4), 13/2024 s. 3(Sch. 1 item 7).\n\n(3) If, in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, the speed limit at the time and place at which a heavy vehicle travelled on any occasion is relevant, evidence of the speed limit at that time and place as indicated or determined on that occasion by an image or message produced by a prescribed process when used in the prescribed manner is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the speed limit on that occasion.\n\n(4) In this section—\n\n***prescribed*** means prescribed in regulations made under the **Road Safety Act 1986** for the purposes of section 81 of that Act.\n\nS. 36A inserted by No. 45/2015 s. 4.\n\n\t36A Evidence of mass\n\n(1) In a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or the national regulations, the mass carried on any axle of a heavy vehicle as determined by a prescribed device when tested, sealed and used in the prescribed manner is, after due allowance of the prescribed limits of error, proof, in the absence of evidence to the contrary, of the mass.\n\n(2) Without prejudice to any other method of determining the mass of a heavy vehicle or of its load or of both, the mass of the load of any heavy vehicle carrying passengers may, for the purposes of the Heavy Vehicle National Law (Victoria) or the national regulations, be calculated on the basis that the mass of 16 adult passengers is 1 tonne.\n\n(3) In this section—\n\n***prescribed*** means prescribed in regulations made under the **Road Safety Act 1986** for the purposes of section 82 of that Act.\n\n\t37 Evidence of testing and sealing\n\n(1) In a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, a certificate in the prescribed form to the effect that any prescribed speed detector referred to in section 34 has been tested or sealed in the prescribed manner, signed or purporting to be signed by a person authorised to do so by the regulations is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof that the prescribed speed detector or device has been so tested or sealed.\n\n(2) In this section—\n\n***prescribed*** means prescribed in regulations made under the **Road Safety Act 1986** for the purposes of section 83 of that Act.\n\n\t38 Evidence relating to prescribed road safety cameras\n\n(1) A certificate containing the prescribed information purporting to be issued by an authorised person certifying—\n\n(a) that a prescribed road safety camera was tested, sealed or used in the prescribed manner; or\n\n(b) that an image or message described in the certificate was produced by a prescribed road safety camera or by a prescribed process; or\n\nS. 38(1)(c) amended by No. 37/2014 s. 10(Sch. item 79.4).\n\n(c) as to any other matter that appears in, or that can be determined from, the records kept in relation to the prescribed road safety camera or the prescribed process by Victoria Police—\n\nis admissible in evidence in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.\n\n(2) In this section—\n\n***authorised person*** means a person authorised for the purposes of section 83A of the **Road Safety Act 1986** by the Chief Commissioner of Police;\n\n***prescribed*** means prescribed in regulations made under the **Road Safety Act 1986** for the purposes of section 83A of that Act.\n\nPt 5 (Heading and ss 39–53) amended by No. 74/2013 ss 21–31, repealed by No. 49/2019 s. 151.\n\n ** * * * **\n\nPart 6—General\n\nDivision 1—Regulations\n\n\t54 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to—\n\n(a) prescribing offences for the purposes of section 591 of the Heavy Vehicle National Law (Victoria);\n\n(b) prescribing a notice that may be served under section 591 of the Heavy Vehicle National Law (Victoria);\n\n(c) for any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) Regulations made under this section may—\n\n(a) be of limited or general application; and\n\n(b) leave any matter or thing to be decided by a specified person or class of person.\n\nS. 54(3)−(6) repealed by No. 49/2019 s. 152.\n\n ** * * * **\n\nS. 55 repealed by No. 49/2019 s. 153.\n\n ** * * * **\n\nDivision 2—Savings and transitional provisions\n\n\t56 Definitions\n\nIn this Division—\n\n***commencement day*** means the day on which section 4 comes into operation;\n\n***RS Act*** means the **Road Safety Act 1986** as in force from time to time before the commencement day.\n\n\t57 Authorised officers\n\nDespite section 748(3)(a) of the Heavy Vehicle National Law (Victoria)—\n\n(a) a person who was an authorised officer under section 112 of the RS Act immediately before the commencement day is taken, on and after that day, to be an authorised officer for the purposes of the Heavy Vehicle National Law (Victoria) as if he or she had been appointed by the Regulator under section 481 of that Law; and\n\n(b) an authorisation of a member of the police force for the purposes of paragraph (b) of the definition of ***authorised inspector*** in section 119 of the RS Act that was in force immediately before the commencement day is taken, on and after that day, to be an authorisation of the member for the purposes of section 12(1) of this Act.\n\nS. 58 amended by No. 70/2013 s. 3(Sch. 1 item 21).\n\n\t58 Fatigue management\n\nA period spent driving a heavy vehicle within 7 days immediately before the commencement day is to be taken into account for the purposes of Chapter 6 of the Heavy Vehicle National Law (Victoria).\n\n\t59 Work diary\n\nFor the purposes of Chapter 6 of the Heavy Vehicle National Law (Victoria) a work diary kept in accordance with Part 10A of the RS Act on or before the commencement day is taken to be a written work diary for the purposes of that Law.\n\nPt 6 Div. 3 (Heading and ss 59A, 59B) inserted by No. 49/2019 s. 154.\n\nDivision 3—Savings and transitional arrangements—Transport Legislation Amendment Act 2019\n\nS. 59A inserted by No. 49/2019 s. 154.\n\n\t59A Application of Interpretation of Legislation Act 1984\n\nExcept where the contrary intention appears, any regulations made under this Division do not affect or take away from the **Interpretation of Legislation Act 1984**.\n\nS. 59B inserted by No. 49/2019 s. 154, expired by force of No. 30/2013 s. 59B(6).\n\n* * * * *\n\nPart 7—Consequential amendments\n\n\t60 Consequential amendments\n\nOn the coming into operation of an item in the Schedule, the Act specified in the heading to that item is amended as set out in that item.\n\n\t61 Repeal\n\nThis Part and the Schedule are **repealed** on the first anniversary of the commencement of section 53.\n\n**Note**\n\nThe repeal of this Part and the Schedule does not affect the continuing operation of the amendments made by this Part and the Schedule (see section 15(1) of the **Interpretation of Legislation Act 1984**).\n\nSchedule\n\nSection 60\n\nConsequential amendments\n\nPart 1—Consequential amendments on commencement of National Law\n\n\t1 Accident Compensation Act 1985\n\n1.1 After section 239AAC **insert**—\n\n\"239AAD Regulator may disclose information to Authority\n\n(1) The Regulator may, at the written request of the Authority, disclose relevant information gained by the Regulator to the Authority for the purpose of the assessment by the Authority of a claim by a person for compensation under this Act, being relevant information that the Authority considers relates to conduct by the person that the Authority considers may be conduct to which the injury to which the claim relates may be attributable.\n\n(2) In this section—\n\n***Regulator*** has the same meaning as in the Heavy Vehicle National Law (Victoria);\n\n***relevant information*** means details of—\n\n(a) a conviction or finding of guilt; or\n\n(b) an infringement notice within the meaning of the **Infringements Act 2006**—\n\nthat relate, or may relate, to conduct comprising serious and wilful misconduct as referred to in section 82(4).\".\n\n\t2 Accident Towing Services Act 2007\n\n2.1 In section 3(1), for the definition of ***mass, dimension or load restraint limit or requirement*** **substitute**—\n\n\"***mass, dimension or load restraint limit or requirement*** means—\n\n(a) a mass, dimension or load restraint limit or requirement within the meaning of the **Road Safety Act 1986**; or\n\n(b) a mass, dimension or loading requirement within the meaning of the Heavy Vehicle National Law (Victoria);\".\n\n2.2 In section 3(6), after \"**Act 1986**\" **insert** \"or the Heavy Vehicle National Law (Victoria)\".\n\n2.3 In section 32(1)—\n\n(a) in paragraph (b), for \"Acts.\" **substitute** \"Acts; or\";\n\n(b) after paragraph (b) **insert**—\n\n\"(c) the holder of the licence has not complied with a provision of the Heavy Vehicle National Law (Victoria) or the national regulations.\".\n\n\t3 Children, Youth and Families Act 2005\n\n3.1 Clause 12(4) of Schedule 3 is **repealed**.\n\n\t4 Infringements Act 2006\n\n4.1 Section 61(4) is **repealed**.\n\n\t5 Interpretation of Legislation Act 1984\n\n5.1 After section 38H **insert**—\n\n\"38I References to Heavy Vehicle National Law\n\nIn an Act or a subordinate instrument—\n\n***Heavy Vehicle National Law (Victoria)*** means the provisions applying because of section 4 of the **Heavy Vehicle National Law Application Act 2013**.\".\n\n\t6 Local Government Act 1989\n\n6.1 After section 208 **insert**—\n\n\"208AA Heavy Vehicle National Law (Victoria)\n\nA Council must not exercise its powers under this Division inconsistently with the functions and powers of the Regulator under the Heavy Vehicle National Law (Victoria) and the national regulations under that Law.\".\n\n\t7 Magistrates' Court Act 1989\n\n7.1 In section 82I(1) after \"**Act 1986**\" **insert** \"or the Heavy Vehicle National Law (Victoria)\".\n\n\t8 Road Safety Act 1986\n\n8.1 In section 3(1) in the example at the foot of the definition of ***approved road transport compliance scheme*** **omit** \"or for a system involving the use of an intelligent transport system\".\n\n8.2 In section 3(1) the definition of ***associate*** is **repealed**.\n\n8.3 In section 3(1) the definition of ***beneficiary*** is **repealed**.\n\n8.4 In section 3(1) the definition of ***container weight declaration*** is **repealed**.\n\n8.5 In section 3(1) the definition of ***engage in conduct*** is **repealed**.\n\n8.6 In section 3(1) the definition of ***fatigue regulated heavy vehicle*** is **repealed**.\n\n8.7 In section 3(1) for the definition of ***heavy vehicle*** **substitute**—\n\n\"***heavy vehicle*** has the same meaning as in the Heavy Vehicle National Law (Victoria);\".\n\n8.8 In section 3(1) the definition of ***intelligent transport system*** is **repealed**.\n\n8.9 In section 3(1) **insert** the following definition—\n\n\"***Regulator*** has the same meaning as in the Heavy Vehicle National Law (Victoria);\".\n\n8.10 In section 3(1) for the definition of ***semi-trailer*** **substitute**—\n\n\"***semi-trailer*** means a trailer that has—\n\n(a) one axle group or a single axle towards the rear; and\n\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\n8.11 In section 3AAA(a)—\n\n(a) **omit** \"or fatigue regulated heavy vehicle\";\n\n(b) **omit** \"or fatigue regulated heavy vehicles\".\n\n8.12 After section 25(2) **insert**—\n\n\"(2A) For the avoidance of doubt, the regulations may provide that a person may incur demerit points in respect of an offence against the Heavy Vehicle National Law (Victoria) or the national regulations under that Law.\".\n\n8.13 In section 28(1B)(a) for \"or load restraint limit or requirement\" **substitute** \"or loading requirement within the meaning of the Heavy Vehicle National Law (Victoria)\".\n\n8.14 In section 77A for \"or 6 of Part 10 or under Part 10A\" **substitute** \"of Part 10\".\n\n8.15 Section 77B is **repealed**.\n\n8.16 In section 84BB for the definition of ***corresponding law* substitute**—\n\n\"***corresponding law*** means—\n\n(a) a law of the Commonwealth or of another State or of a Territory that corresponds to Division 2 of Part 2; or\n\n(b) the Heavy Vehicle National Law (Victoria) or a law of another State or of a Territory that corresponds to that law;\".\n\n8.17 Section 103R is **repealed**.\n\n8.18 Section 103S is **repealed**.\n\n8.19 Section 103T is **repealed**.\n\n8.20 After section 103ZF **insert**—\n\n\"103ZG Transitional provision Heavy Vehicle National Law Application Act 2013\n\nPart 11 as in force immediately before its repeal by item 8.35 of the Schedule to the **Heavy Vehicle National Law Application Act 2013**, continues to apply to offences alleged to have been committed before that commencement.\".\n\n8.21 For section 149A **substitute**—\n\n\"149A Part does not apply to a heavy vehicle\n\nThis Part does not apply to a heavy vehicle.\n\n**Note**\n\nChapter 4 of the Heavy Vehicle National Law (Victoria) sets out the mass, dimension and loading requirements for heavy vehicles.\".\n\n8.22 Section 162(2)(a) is **repealed**.\n\n8.23 Section 163(2)(a) is **repealed**.\n\n8.24 Section 167 is **repealed**.\n\n8.25 At the foot of section 171(2) **insert**—\n\n\"**Note**\n\nThe penalties that apply in respect of the offences created by this section are set out in section 178.\".\n\n8.26 Section 171(3) is **repealed**.\n\n8.27 At the foot of section 172(2) **insert**—\n\n\"**Note**\n\nThe penalties that apply in respect of the offences created by this section are set out in section 178.\".\n\n8.28 Section 172(3) is **repealed**.\n\n8.29 Section 174(3) is **repealed**.\n\n8.30 Section 175(3) is **repealed**.\n\n8.31 The note at the foot of section 176(2) is **repealed**.\n\n8.32 Section 180 is **repealed**.\n\n8.33 Division 6 of Part 10 is **repealed**.\n\n8.34 For Part 10A **substitute**—\n\n\"Part 10A—Fatigue management light buses\n\nDivision 1—Application of Heavy Vehicle National Law (Victoria)\n\n191A Definition\n\nIn this Part—\n\n***light bus*** means a bus with a GVM of 4.5 tonnes or less.\n\n191B Application of the Heavy Vehicle National Law (Victoria)—fatigue management of light buses\n\nFor the purposes of this Act the following provisions of the Heavy Vehicle National Law (Victoria) apply to a light bus—\n\n(a) Chapter 6; and\n\n(b) sections 622, 623, 653(g) and (h), 654, 725, 726 and 740.\n\nDivision 2—Meaning of terms for Heavy Vehicle National Law (Victoria)\n\n191C Meaning of fatigue-regulated heavy vehicle\n\nThe provisions of the Heavy Vehicle National Law (Victoria) applied under section 191B, apply as if a reference to a fatigue-regulated heavy vehicle under that Law were a reference to a light bus.\n\n191D Meaning of fatigue-regulated bus\n\nThe provisions of the Heavy Vehicle National Law (Victoria) applied under section 191B, apply as if a reference to a fatigue-regulated bus under that Law were a reference to a light bus.\n\n191E Meaning of Regulator\n\nThe provisions of the Heavy Vehicle National Law (Victoria) applied under section 191B, apply as if a reference to the Regulator under that Law were a reference to the Corporation.\n\n191F Meaning of responsible Ministers\n\nThe provisions of the Heavy Vehicle National Law (Victoria) applied under section 191B, apply as if a reference to the responsible Ministers under that Law were a reference to the Minister.\n\n__________________\".\n\n8.35 Part 11 is **repealed**.\n\n8.36 Part 12 is **repealed**.\n\n8.37 Part 13 is **repealed**.\n\n8.38 Schedule 3 is **repealed**.\n\n8.39 Schedule 4 is **repealed**.\n\n8.40 Schedule 4A is **repealed**.\n\n\t9 Sheriff Act 2009\n\n9.1 In section 30(1)(a), after \"**Road Safety Act 1986**\" **insert** \"or the Heavy Vehicle National Law (Victoria)\".\n\nSch. Pt 2 amended by Nos 74/2013 s. 32, 47/2014 s. 267, repealed by No. 49/2019 s. 155.\n\n ** * * * **\n\n ═══════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 18 April 2013*\n\n*Legislative Council: 9 May 2013*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to provide for the application of a National Law to regulate the use of heavy vehicles, to make related and consequential amendments to other Acts and for other purposes.\"\n\nThe **Heavy Vehicle National Law Application Act 2013** was assented to on 4 June 2013 and came into operation as follows:\n\nSections 1–52, 54–61 and Part 1 of the Schedule on 10 February 2014: Special Gazette (No. 28) 4 February 2014 page 1; section 53 and Part 2 of the Schedule not yet proclaimed.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Heavy Vehicle National Law Application Act 2013** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nH**eavy Vehicle National Law Application Act 2013, No. 30/2013**\n\n| *Assent Date:* | 4.6.13 |\n| --- | --- |\n| *Commencement Date:* | S. 59B(6) inserted on 1.1.20 by No. 49/2019 s. 154: Special Gazette (No. 514) 10.12.19 p. 1 |\n| *Note:* | S. 59B(6) provided that s. 59B expired on 1.1.22 |\n| *Current State:* | This information relates only to the provision/s amending the **Heavy Vehicle National Law Application Act 2013** |\n\n\n**Statute Law Revision Act 2013, No. 70/2013**\n\n| *Assent Date:* | 19.11.13 |\n| --- | --- |\n| *Commencement Date:* | S. 3(Sch. 1 item 21) on 1.12.13: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the  **Heavy Vehicle National Law Application Act 2013** |\n\n\n**Road Legislation Amendment Act 2013, No. 74/2013**\n\n| *Assent Date:* | 3.12.13 |\n| --- | --- |\n| *Commencement Date:* | Ss 20–32 on 10.2.14: Special Gazette (No. 28) 4.2.14 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the  **Heavy Vehicle National Law Application Act 2013** |\n\n\n**Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014, No. 35/2014**\n\n| *Assent Date:* | 13.5.14 |\n| --- | --- |\n| *Commencement Date:* | Ss 59–61 on 14.5.14: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the  **Heavy Vehicle National Law Application Act 2013** |\n\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2013, No. 37/2014**\n\n| *Assent Date:* | 3.6.14 |\n| --- | --- |\n| *Commencement Date:* | S. 10(Sch. item 79) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n| *Current State:* | This information relates only to the provision/s amending the  **Heavy Vehicle National Law Application Act 2013** |\n\n\n**Fines Reform Act 2014, No. 47/2014**\n\n| *Assent Date:* | 1.7.14 |\n| --- | --- |\n| *Commencement Date:* | Ss 266, 267 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Heavy Vehicle National Law Application Act 2013** |\n\n\n**Privacy and Data Protection Act 2014, No. 60/2014**\n\n| Assent Date: | 2.9.14 |\n| --- | --- |\n| Commencement Date: | S. 140(Sch. 3 item 26) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Heavy Vehicle National Law Application Act 2013** |\n\n\n**Heavy Vehicles Legislation Amendment Act 2015, No. 45/2015**\n\n| *Assent Date:* | 22.9.15 |\n| --- | --- |\n| *Commencement Date:* | Ss 3, 4 on 23.9.15: s. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **Heavy Vehicle National Law Application Act 2013** |\n\n\n**Road Legislation Further Amendment Act 2016, No. 70/2016**\n\n| *Assent Date:* | 29.11.16 |\n| --- | --- |\n| *Commencement Date:* | S. 52 on 1.1.17: Special Gazette (No. 389) 20.12.16 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Heavy Vehicle National Law Application Act 2013** |\n\n\n**Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019, No. 7/2019**\n\n| *Assent Date:* | 26.3.19 |\n| --- | --- |\n| *Commencement Date:* | Ss 35, 40 on 27.3.19: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **Heavy Vehicle National Law Application Act 2013** |\n\n\n**West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, No. 8/2019**\n\n| *Assent Date:* | 26.3.19 |\n| --- | --- |\n| *Commencement Date:* | Ss 109, 110 on 19.2.20: s. 2(3) |\n| *Current State:* | This information relates only to the provision/s amending the **Heavy Vehicle National Law Application Act 2013** |\n\n\n**Transport Legislation Amendment Act 2019, No. 49/2019**\n\n| *Assent Date:* | 3.12.19 |\n| --- | --- |\n| *Commencement Date:* | Ss 144, 148, 150−153, 155, 194, 195 on 4.12.19: s. 2(1); ss 141−143, 145−147, 149, 154 on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Heavy Vehicle National Law Application Act 2013** |\n\n\n**Local Government Act 2020, No. 9/2020**\n\n| *Assent Date:* | 24.3.20 |\n| --- | --- |\n| *Commencement Date:* | S. 390(Sch. 1 item 52) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Heavy Vehicle National Law Application Act 2013** |\n\n\n**North East Link Act 2020, No. 18/2020**\n\n| *Assent Date:* | 10.6.20 |\n| --- | --- |\n| *Commencement Date:* | Ss 132, 133 on 1.3.21: s. 2(2) |\n| *Current State:* | This information relates only to the provision/s amending the **Heavy Vehicle National Law Application Act 2013** |\n\n\n**Transport Legislation Amendment Act 2020, No. 41/2020**\n\n| *Assent Date:* | 1.12.20 |\n| --- | --- |\n| *Commencement Date:* | S. 6 on 2.12.20: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **Heavy Vehicle National Law Application Act 2013** |\n\n\n**Statute Law Revision Act 2024, No. 13/2024**\n\n| *Assent Date:* | 23.4.24 |\n| --- | --- |\n| *Commencement Date:* | S. 3(Sch. 1 item 7) on 24.4.24: s. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **Heavy Vehicle National Law Application Act 2013** |\n\n\n**Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025**\n\n| *Assent Date:* | 5.8.25 |\n| --- | --- |\n| *Commencement Date:* | S. 106(Sch. 1 item 20) on 6.8.25: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **Heavy Vehicle National Law Application Act 2013** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Since enactment the Act's operational scope has been extended and clarified through amendments: it expressly authorises additional Regulator functions and the secondment/authorisation of Regulator staff under Victorian road safety laws (s 9A); it designates enforcement bodies and authorised officers across multiple statutes (ss 5, 12, 17, 18); it creates statutory evidentiary presumptions for speed, mass and engine data (ss 32–38, 36A); it prescribes infringement mechanics and a fixed penalty formula (s 25) and introduces specific exemptions (rail replacement and emergency buses — s 7). The Schedule makes wide consequential amendments to State laws to align scope and definitions with the Heavy Vehicle National Law."},"complexity_factors":["Incorporation of an external, continually amended national law (Heavy Vehicle National Law) into state law (s 4) requiring cross‑jurisdictional tracking and interaction.","Extensive cross‑references to multiple Victorian Acts (Road Safety Act 1986, Road Management Act 2004, Occupational Health and Safety Act 2004, Victoria Police Act 2013, etc.), increasing interpretive load (see ss 5, 10, 17–22).","Designation of multiple enforcement bodies and authorised officer categories, creating a tiered enforcement structure and delegation points (ss 5, 12, 17, 18, 9A).","Numerous evidentiary presumptions and admissibility certificates for speed, distance, mass and engine data (ss 32–38, 36A, 35), which alter usual proof burdens in prosecutions.","Transitional and savings provisions plus repeated amendments and repeals across the Act and Schedule, producing conditional application depending on commencement and amendment history (Part 6 Divs 2–3; Schedule).","Regulatory discretions: power to make regulations, prescribe offences and leave matters to specified persons (s 54), and rules on disallowance of national regulations with multi‑jurisdiction majority mechanics (s 6).","Consequential amendments to a wide range of State laws (Schedule) which shift normative references and definitions across statutes, complicating legal mapping."],"plain_english_summary":"This Act applies the Heavy Vehicle National Law in Victoria as state law, naming the Regulator, police and specified road authorities as enforcement bodies and declaring authorised officers and the relevant courts. It imposes compliance obligations on heavy‑vehicle operators and sets how the rules will be enforced. It also sets evidentiary presumptions (for speed, mass, engine data and camera images), exemption rules for rail‑replacement and emergency buses, infringement processes and transitional arrangements."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2013 Act was a straightforward application statute to adopt the national heavy vehicle law. Over 12 years of amendments (through to August 2025), it has grown into a complex interface layer that: (1) integrates Victorian-specific road management structures (Transport for Victoria, Secretary roles) that didn't exist in the original design; (2) adds special exemptions for rail replacement buses and emergency services; (3) creates a dual-authorised officer system allowing national regulator staff to also exercise powers under Victorian Road Safety and Road Management Acts; and (4) absorbs fatigue management for light buses (under 4.5 tonnes) which was originally outside the heavy vehicle scope. The Act now functions as a comprehensive jurisdictional bridge rather than a simple adoption mechanism."},"complexity_factors":["Extensive cross-referencing to the Queensland Heavy Vehicle National Law (which itself is not reproduced in this Act)","Multiple 'as if' modifications that insert, delete, or alter provisions of the imported national law (e.g., sections 8, 9, 9A, 10-28)","Complex institutional mapping with split responsibilities (e.g., Secretary vs Head, Transport for Victoria for different road types; VCAT vs Magistrates' Court for different decision types)","Nested exclusions of Victorian legislation (section 5) with exceptions to those exclusions (subsections 5(2), 5(3), 5(4A))","Conditional disallowance mechanism for national regulations requiring majority of participating jurisdictions to disallow before Victorian disallowance takes effect (section 6)","Technical evidentiary provisions requiring external regulations (Road Safety Act 1986) for definitions of 'prescribed' devices and processes (sections 33-38)","Consequential amendments to 9 other Acts in the Schedule, including repealing entire Parts of the Road Safety Act 1986 and replacing them with references to the national law"],"plain_english_summary":"This is Victoria's 'adaptor' law that brings the national heavy vehicle rules into force in the state. It doesn't write the rules itself—instead, it imports the Heavy Vehicle National Law (which was written by Queensland) and makes it Victorian law.\n\n**What it does:**\n- **Adopts the national law**: It applies the Heavy Vehicle National Law (written by Queensland in 2012) as if it were a Victorian Act. This creates the 'Heavy Vehicle National Law (Victoria)'—essentially the same rules as other states, but enforceable in Victoria.\n- **Plugs Victorian institutions into the national scheme**: It tells the national law which Victorian bodies play which roles. For example:\n  - The **National Heavy Vehicle Regulator** (a federal body) is the main regulator, but Victorian police and public servants can act as inspectors.\n  - **VCAT** (Victorian Civil and Administrative Tribunal) handles most reviews of decisions, while the **Magistrates' Court** handles specific serious matters.\n  - The **Secretary to the Department of Transport and Planning** and **Head, Transport for Victoria** manage different categories of roads.\n- **Sets up enforcement**: Police and authorised officers can issue fines and start court proceedings. It creates special evidence rules so speed cameras, weighbridge data, and engine management systems can be used in court without needing an expert witness every time.\n- **Exempts certain laws**: Standard Victorian laws about freedom of information, privacy, and financial management don't automatically apply to the national regulator when it's operating under this scheme (though they do apply to Victorian public servants working for the regulator).\n- **Special Victorian tweaks**: \n  - Rail replacement bus drivers and emergency bus drivers are exempt from fatigue management rules.\n  - The infringement penalty is set at 10% of the maximum court penalty.\n  - Seized items can be forfeited and sold or destroyed under Victorian court orders.\n\n**Who it affects:**\n- Truck drivers and trucking companies operating heavy vehicles (over 4.5 tonnes) in Victoria.\n- Bus operators (including light buses under specific fatigue rules).\n- Road managers like VicRoads, local councils, and toll road operators (CityLink, EastLink, etc.).\n- Police and transport inspectors who enforce the rules.\n\n**Why it matters:**\nWithout this Act, there would be no legal basis for the national heavy vehicle rules to apply in Victoria. It ensures that truckies face the same safety, mass, dimension, and fatigue rules whether they're in Melbourne or Brisbane, while slotting Victorian courts and tribunals into the enforcement framework."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained consistent with its original intent: to apply the Heavy Vehicle National Law in Victoria as part of a cooperative national scheme. There is no evident scope creep beyond the original application purpose, though amendments over time (as indicated by the version history) may have made minor technical adjustments to maintain alignment with the evolving national law."},"complexity_factors":["Relies heavily on an external body of law (the Heavy Vehicle National Law originated in Queensland) rather than being self-contained, requiring readers to consult multiple documents","The interaction between state-based application acts and the national law framework can be confusing for non-lawyers","Version history suggests amendments over time, meaning the current operative provisions may differ from the original Act","The underlying Heavy Vehicle National Law (which this Act imports) is itself highly complex, even though this application Act is relatively short","Jurisdictional nuances — understanding which level of government (state vs national regulator) enforces which provisions adds complexity"],"plain_english_summary":"The Act adopts the national Heavy Vehicle National Law in Victoria, making the same statewide rules for trucks, buses and other heavy vehicles apply as in other participating jurisdictions.  \n\nIt affects drivers, transport and logistics operators, freight businesses and road authorities by harmonising standards (vehicle safety, mass/dimension, fatigue and roadworthiness) to reduce red tape and simplify interstate operations."}},"importantCases":[],"_links":{"self":"/api/acts/heavy-vehicle-national-law-application-act-2013","history":"/api/acts/heavy-vehicle-national-law-application-act-2013/history","analysis":"/api/acts/heavy-vehicle-national-law-application-act-2013/analysis","conflicts":"/api/acts/heavy-vehicle-national-law-application-act-2013/conflicts","importantCases":"/api/acts/heavy-vehicle-national-law-application-act-2013/important-cases","documents":"/api/acts/heavy-vehicle-national-law-application-act-2013/documents"}}