{"id":"heavy-vehicle-national-law-south-australia-act-2013","name":"Heavy Vehicle National Law (South Australia) Act 2013","slug":"heavy-vehicle-national-law-south-australia-act-2013","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":82622,"registerId":"sa-heavy-vehicle-national-law-south-australia-act-2013-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"Application of Heavy Vehicle National Law and Heavy Vehicle National Regulations","content":"Part 2—Application of Heavy Vehicle National Law and Heavy Vehicle National Regulations\n","sortOrder":0},{"sectionNumber":"Div 1","sectionType":"division","heading":"General","content":"Division 1—General\n4—Application of Heavy Vehicle National Law\nThe South Australian Heavy Vehicle National Law text—\n\t(a)\tapplies as a law of South Australia; and\n\t(b)\tas so applying may be referred to as the Heavy Vehicle National Law (South Australia).\n5—Amendments to Schedule to maintain national consistency\n\t(1)\tIf—\n\t(a)\tthe Parliament of Queensland enacts an amendment to the Heavy Vehicle National Law set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland; and\n\t(b)\tthe Governor is satisfied that an amendment that corresponds, or substantially corresponds, to the amendment made by the Parliament of Queensland should be made to the Heavy Vehicle National Law (South Australia),\nthe Governor may, by regulation, amend the South Australian Heavy Vehicle National Law text.\n\t(2)\tThe Governor may, as part of a regulation made under subsection (1), make any additional provisions (including so as to modify the terms of an amendment that has been made to the Heavy Vehicle National Law by the Parliament of Queensland or to provide for related or transitional matters) considered by the Governor to be necessary to ensure that the amendment to the Heavy Vehicle National Law has proper effect in South Australia.\n\t(3)\tA regulation made under this section may, if the regulation so provides, take effect from the day of the commencement of an amendment to the Heavy Vehicle National Law made by the Parliament of Queensland (including a day that is earlier than the day of the regulation's publication in the Gazette).\n6—Application of Heavy Vehicle National Regulations\nThe Heavy Vehicle National Regulations, as in force from time to time—\n\t(a)\tapply as national regulations in force for the purposes of the Heavy Vehicle National Law (South Australia), subject to modifications by the local regulations; and\n\t(b)\tas so applying may be referred to as the Heavy Vehicle National Regulations (South Australia).\n7—Exclusion of legislation of this jurisdiction\n\t(1)\tThe Acts Interpretation Act 1915 does not apply to the Heavy Vehicle National Law (South Australia) or to instruments made under that Law.\n\t(2)\tSubject to subsection (3), the following Acts of this jurisdiction do not apply to this Act or to instruments made under the Heavy Vehicle National Law (South Australia) (except as applied under that Law):\n\t(a)\tthe Freedom of Information Act 1991;\n\t(b)\tthe Public Finance and Audit Act 1987;\n\t(c)\tthe Public Sector Act 2009;\n\t(d)\tthe State Records Act 1997.\n\t(3)\tThe Acts referred to in subsection (2) apply to a State entity or an employee of a State entity exercising a function under the Heavy Vehicle National Law (South Australia).\nState entity does not include the Regulator.\n","sortOrder":1},{"sectionNumber":"Div 2","sectionType":"division","heading":"Definitions, declarations and other references for purposes of Heavy Vehicle National Law (South Australia)","content":"Division 2—Definitions, declarations and other references for purposes of Heavy Vehicle National Law (South Australia)\n8—Definition of generic terms and terms having meaning provided by this Act\nIn the Heavy Vehicle National Law (South Australia)—\ninfringement notice—a reference to an infringement notice in section 591 of the Law is a reference to an expiation notice issued under the Expiation of Offences Act 1996;\nMagistrates Court means the Magistrates Court of South Australia;\npolice officer means a member of SA Police under the Police Act 1998;\nregistration authority, for the registration of a heavy vehicle in this State, means the Registrar of Motor Vehicles under the Motor Vehicles Act 1959;\nresponsible Minister for South Australia means the Minister to whom the administration of this Act is committed;\nSupreme Court means the Supreme Court of South Australia;\nthis jurisdiction means the State of South Australia.\n9—Declarations about industrial relations status of Regulator\n\t(1)\tIt is declared that—\n\t(a)\tthe Regulator is not a public sector employer for the purposes of the Fair Work (Commonwealth Powers) Act 2009; and\n\t(b)\tit is the intention of the Parliament that the Regulator be a national system employer for the purposes of the Fair Work Act 2009 of the Commonwealth.\n\t(2)\tNo Act of South Australia can have effect to stop the Regulator from being a national system employer for the purposes of the Fair Work Act 2009 of the Commonwealth.\n10—Other declarations for purposes of Heavy Vehicle National Law in this jurisdiction\nFor the purposes of the Heavy Vehicle National Law (South Australia)—\n\t(a)\teach magistrate is declared to be an authorised warrant official; and\n\t(b)\teach police officer is declared to be an authorised officer; and\n\t(c)\tthe Expiation of Offences Act 1996 is declared to be the Infringement Notice Offences Law; and\n\t(d)\teach council under the Local Government Act 1999 is declared to be a local government authority; and\n\t(e)\tthe Work Health and Safety Act 2012 is declared to be the primary WHS Law; and\n\t(f)\tsubject to paragraph (g), the Administrative and Disciplinary Division of the District Court is declared to be the relevant tribunal or court; and\n\t(g)\tthe Magistrates Court is declared to be the relevant tribunal or court for the purposes of sections 556 and 590D of the Heavy Vehicle National Law (South Australia); and\n\t(h)\tan area that is a road or road‑related area within the meaning of the Road Traffic Act 1961 is declared to be a road or road‑related area; and\n\t(i)\tthe Minister to whom the administration of the Road Traffic Act 1961 is committed is declared to be the road authority; and\n\t(j)\tan authority, person or body responsible for the care, control or management of a road is declared to be a road manager; and\n\t(k)\tthe Australian Road Rules are declared to be the Road Rules.\n","sortOrder":2},{"sectionNumber":"Div 3","sectionType":"division","heading":"Authorisations for purposes of this jurisdiction","content":"Division 3—Authorisations for purposes of this jurisdiction\n12—Authority to use force\n\t(1)\tAn authorised officer who is a police officer is authorised to use force against a person in the exercise or purported exercise of a function under the Heavy Vehicle National Law (South Australia).\nSee section 491 of the Law.\n\t(2)\tAn authorised officer is authorised to use force against property in the exercise or purported exercise of a function under the Heavy Vehicle National Law (South Australia) in relation to this jurisdiction.\nSee section 492 of the Law.\n13—Authority to amend or withdraw vehicle defect notices\nAn authorised officer who is a police officer of another jurisdiction may amend or withdraw a vehicle defect notice issued in this jurisdiction by an authorised officer who is a police officer.\nSee section 531 of the Law.\n14—Authority to seize heavy vehicles or things\nSection 552(1) of the Heavy Vehicle National Law (South Australia) does not apply to an authorised officer who is a police officer impounding or seizing a heavy vehicle or thing under an Act or law of this jurisdiction.\nSee section 552(2) of the Law.\n15—Authorised use of protected information\nFor the purposes of Chapter 13 Part 4 of the Heavy Vehicle National Law (South Australia), the Motor Vehicles Act 1959 is specified as a relevant law.\nSee paragraph (k) of the definition of authorised use in respect of protected information in section 727(1) of the Law.\n","sortOrder":3},{"sectionNumber":"Div 4","sectionType":"division","heading":"Modification of Heavy Vehicle National Law (South Australia) for purposes of this jurisdiction","content":"Division 4—Modification of Heavy Vehicle National Law (South Australia) for purposes of this jurisdiction\n16—Modification of Law for certain purposes\nThe Heavy Vehicle National Law (South Australia) applies—\n\t(b)\tsection 498(1)(b) (Power to enter a place if evidence suspected to be at the place)—as if paragraph (b) were deleted and the following paragraph substituted:\n\t(b)\tthere may be at the place evidence of an offence against this Law.;\n\t(c)\tsection 499(1)(d) (Power to enter particular places if incident involving death, injury or damage)—as if paragraph (d) were deleted and the following paragraph substituted:\n\t(d)\tthere may be at the place evidence of the offence mentioned in paragraph (b).;\n\t(d)\tsection 517(1) (Direction to move heavy vehicle if causing harm etc)—as if paragraph (b) were deleted and the following paragraphs substituted:\n\t(b)\tobstructing, or likely to obstruct, traffic or any event lawfully authorised to be held on the road; or\n\t(c)\tobstructing or hindering, or likely to obstruct or hinder, vehicles from entering or leaving land adjacent to the road.;\n\t(e)\tsection 572 (Improvement notices)—\n\t(i)\tas if subsections (1) and (2) were deleted and the following subsections substituted:\n\t(1)\tThis section applies if an authorised officer reasonably believes a person has contravened, is contravening, or is likely to contravene, a provision of this Law.\n\t(2)\tThe 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 occurring, continuing or occurring again or to remedy the matters or activities occasioning, or that would occasion, the contravention or likely contravention.;\n\t(ii)\tas if paragraphs (a) to (d) (inclusive) of subsection (4) were deleted and the following paragraphs substituted:\n\t(a)\tthat the authorised officer reasonably believes the person has contravened, is contravening, or is likely to contravene, a provision of this Law;\n\t(b)\tthe reasons for that belief;\n\t(c)\tthe provision of this Law in relation to which that belief is held;\n\t(d)\tthat the person must take action within a stated period to stop the contravention from occurring, continuing or occurring again or to remedy the matters or activities occasioning, or that would occasion, the contravention or likely contravention;;\n\t(ea)\tsection 711 (Evidence by certificate by Regulator generally)—as if the following subsection were inserted after subsection (1):\n\t(1a)\tA certificate purporting to be issued by the Registrar of Motor Vehicles under the Motor Vehicles Act 1959 of South Australia (the Motor Vehicles Act) and stating that, at a stated time or during a stated period—\n\t(a)\ta stated vehicle was or was not registered under the Motor Vehicles Act; or\n\t(b)\ta stated vehicle was or was not registered under the Motor Vehicles Act on the basis it is a heavy vehicle; or\n\t(c)\ta stated vehicle registered under the Motor Vehicles Act was or was not registered as a heavy vehicle of a stated category; or\n\t(d)\ta stated person was or was not the registered operator of a stated vehicle registered under the Motor Vehicles Act; or\n\t(e)\ta stated exemption or authorisation under the Motor Vehicles Act applied or did not apply to a stated person or a stated heavy vehicle; or\n\t(f)\ta stated person is the holder of a stated permit or other authority under the Motor Vehicles Act; or\n\t(g)\ta stated registration, exemption, authorisation, permit or other authority under the Motor Vehicles Act was or was not amended, suspended or cancelled under the Motor Vehicles Act; or\n\t(h)\ta stated penalty, fee, charge or other amount was or was not, or is or is not, payable under the Motor Vehicles Act by a stated person; or\n\t(i)\ta stated fee, charge or other amount payable under the Motor Vehicles Act was or was not paid to the Registrar; or\n\t(j)\ta stated person has or has not notified the Registrar of any, or a stated, change of the person's address,\nis evidence of the matter.;\n\t(f)\twith any other modifications that are necessary to give effect to any of the preceding paragraphs.\n17—Modification of Law for other purposes\nThe Heavy Vehicle National Law (South Australia) applies—\n\t(a)\tsection 519 (Moving unattended heavy vehicle on road if causing harm etc)—as if the following subsection were inserted after subsection (7):\nauthorised officer includes, in relation to a heavy vehicle unattended on any road within the area of a council, an officer of the council;\ncouncil means a council under the Local Government Act 1999 of South Australia.;\n\t(b)\tsection 571(1) (Authorised officers to whom Division applies)—as if subsection (1) were deleted and the following subsection substituted:\n\t(1)\tThis Division applies to an authorised officer who is a police officer, or a police officer of a class, who has the relevant police commissioner's written authority to issue improvement notices under this Division.;\n\t(c)\tsection 576(3) (Clearance certificate), definition of approved authorised officer, (a)—as if \"police officer and\" were deleted and \"police officer, or a police officer of a class,\" were substituted;\n\t(d)\twith any other modifications that are necessary to give effect to any of the preceding paragraphs.\n","sortOrder":4},{"sectionNumber":"Div 5","sectionType":"division","heading":"Supplementary powers relating to enforcement in this jurisdiction","content":"Division 5—Supplementary powers relating to enforcement in this jurisdiction\n18—Application of this Division\n\t(1)\tThe provisions set out in this Division are additional to the provisions of the Heavy Vehicle National Law (South Australia).\n\t(2)\tThe powers that may be exercised by authorised officers in this jurisdiction under this Division are additional to the powers that may be exercised by an authorised officer under the Heavy Vehicle National Law (South Australia).\n19—Power to enter certain places\n\t(1)\tAt any time when a place where heavy vehicles are exhibited or kept for sale or hire is open for business, an authorised officer may, for the purposes of determining whether a vehicle exhibited or kept for sale or hire at that place is a defective heavy vehicle (within the meaning of section 525 of the Heavy Vehicle National Law (South Australia)), inspect the vehicle or direct the owner, the registered operator or the person in charge of the vehicle to produce it for inspection at a time and place stated by the authorised officer.\n\t(2)\tA person must comply with a direction given under this section.\n\t(3)\tAn authorised officer may for the purposes of inspecting a heavy vehicle under this section—\n\t(a)\tcause the vehicle to be inspected by another person; and\n\t(b)\tdrive or test, or cause another person to drive or test, the vehicle.\n\t(4)\tChapter 9 Part 3 Division 6 of the Heavy Vehicle National Law (South Australia) applies if, after an inspection of a heavy vehicle under this section, an authorised officer reasonably believes—\n\t(a)\tthe vehicle is a defective heavy vehicle; and\n\t(b)\tthe use of the vehicle on a road poses a safety risk.\n20—Person must not possess certain devices\n\t(1)\tA person must not, without reasonable excuse, have in his or her possession a device that is designed, or is adapted, to enable tampering with a speed limiter (a tampering device).\n\t(a)\tif the offender is a natural person—$10 000;\n\t(b)\tif the offender is a body corporate—$50 000.\n\t(2)\tAn authorised officer may seize, retain and test any device that he or she has reasonable cause to suspect is a tampering device.\n\t(3)\tA court that has convicted a person of an offence against this section may order that the tampering device in relation to which the offence was committed be forfeited to the Crown.\n\t(4)\tIn proceedings for an offence against this section, an allegation in the complaint that a specified device is designed, or is adapted, to enable tampering with a speed limiter is, in the absence of proof to the contrary, proof of the matter so alleged.\n\t(5)\tFor the purposes of this section, a reference to a tampering device includes a reference to a computer or other electronic device on which a software program that is intended, or able, to be used to tamper with a speed limiter is installed or stored.\n21—Offence to sell or dispose of heavy vehicle in respect of which vehicle defect notice is in force\n\t(1)\tA person must not sell or otherwise dispose of a heavy vehicle in respect of which a vehicle defect notice has been issued if the vehicle defect notice has not been cleared under the Heavy Vehicle National Law of a participating jurisdiction.\n\t(2)\tIt is a defence to a charge under subsection (1) of having sold or otherwise disposed of a heavy vehicle in respect of which a vehicle defect notice is in force if the defendant satisfies the court that at the time of the sale or disposal he or she had reason to believe that the vehicle was not intended to be used on a road after the sale or disposal.\n22—Moving unattended etc heavy vehicle if danger or obstruction\n\t(a)\tan authorised officer reasonably believes that a heavy vehicle is unattended or broken down on a bridge, culvert or freeway; or\n\t(b)\tan authorised officer reasonably believes that—\n\t(i)\ta heavy vehicle on a road is unattended; and\n\t(ii)\tthe heavy vehicle is—\n\t(A)\tobstructing or likely to obstruct any event lawfully authorised to be held on the road; or\n\t(B)\tobstructing or hindering, or likely to obstruct or hinder, vehicles from entering or leaving land adjacent to the road; or\n\t(c)\tan authorised officer reasonably believes that—\n\t(i)\ta heavy vehicle on a road is broken down; and\n\t(ii)\tthe heavy vehicle is—\n\t(A)\tcausing, or creating an imminent risk of, serious harm to public safety, the environment or road infrastructure; or\n\t(B)\tobstructing, or likely to obstruct, traffic or any event lawfully authorised to be held on the road; or\n\t(C)\tobstructing or hindering, or likely to obstruct or hinder, vehicles from entering or leaving land adjacent to the road.\n\t(2)\tThe 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\n\t(3)\tThe authorised officer or assistant may—\n\t(a)\tenter the heavy vehicle to enable the authorised officer or assistant to move it; and\n\t(b)\tfor a combination—separate any or all of the component vehicles of the combination for the purpose of moving 1 or more of them.\n\t(4)\tThe 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\t(6)\tIn 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\t(7)\tThe 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.\nauthorised officer includes—\n\t(a)\tin relation to a heavy vehicle unattended or broken down on a freeway—a person authorised by the responsible Minister for the purposes of this section; and\n\t(b)\tin relation to a heavy vehicle unattended or broken down on any road within the area of a council—an officer of the council;\nbroken down—\n\t(a)\ta heavy vehicle is broken down if it is not possible to drive the vehicle because it is disabled through damage, mechanical failure, lack of fuel or any similar reason; and\n\t(b)\ta trailer is broken down if it is not connected (either directly or by 1 or more other trailers) to a towing vehicle, whether or not the trailer is also disabled through damage, mechanical power or any similar reason; and\n\t(c)\ta combination is broken down if it is not possible to drive the combination because the combination or a vehicle comprised in the combination is disabled through damage, mechanical failure, lack of fuel or any similar reason; and\n\t(d)\ta vehicle of a kind not referred to in any of the preceding paragraphs is broken down if it is not connected to a towing vehicle or an animal by which it could be drawn or if it is not possible to tow or draw the vehicle because it is disabled through damage, mechanical failure or any similar reason;\ncouncil means a council under the Local Government Act 1999;\nevent means an organised sporting, recreational, political, artistic, cultural or other activity, and includes a street party;\nfreeway means a length of road to which a freeway sign applies in accordance with the Australian Road Rules.\n","sortOrder":5},{"sectionNumber":"Div 6","sectionType":"division","heading":"Miscellaneous","content":"Division 6—Miscellaneous\n22A—Delegation by road authority\n\t(1)\tSubject to subsection (2), the road authority may, by instrument in writing, delegate any of the powers or functions conferred on the road authority by or under this Act—\n\t(a)\tto a particular person; or\n\t(b)\tto the person for the time being occupying a particular position.\n\t(2)\tA delegation under this section cannot be made to a road manager or delegate of a road manager.\n\t(3)\tA power or function delegated under this section may, subject to the conditions of the instrument of delegation, be further delegated by instrument in writing.\n\t(4)\tA delegation under this section—\n\t(a)\tmay be unconditional or subject to conditions specified by the delegator; and\n\t(b)\tdoes not derogate from the power of the delegator to act personally in any matter; and\n\t(c)\tis revocable at will by the delegator.\n22B—Delegation by road manager\n\t(1)\tSubject to subsection (2), a road manager may, by instrument in writing, delegate any of the powers or functions conferred on a road manager by or under this Act—\n\t(a)\tto a particular person (including another road manager); or\n\t(b)\tto the person for the time being occupying a particular position.\n\t(2)\tA delegation under this section cannot be made to a road authority or delegate of a road authority.\n\t(3)\tA power or function delegated under this section may, subject to the conditions of the instrument of delegation, be further delegated by instrument in writing.\n\t(4)\tA delegation under this section—\n\t(a)\tmay be unconditional or subject to conditions specified by the delegator; and\n\t(b)\tdoes not derogate from the power of the delegator to act personally in any matter; and\n\t(c)\tis revocable at will by the delegator.\n23—Approved vehicle examiners\nA person who is, immediately before the commencement of this section, approved under the Recognised Engineering Signatory Scheme to inspect vehicle modifications for the purposes of the Road Traffic Act 1961 will be taken to be an approved vehicle examiner to inspect modifications of heavy vehicles for the purposes of the Heavy Vehicle National Law (South Australia).\n24—Proof of lawful authority or lawful or reasonable excuse\nIn proceedings for an offence against this Act in which it is material to establish whether an act was done with or without lawful authority, lawful excuse or reasonable excuse, unless a provision of the Heavy Vehicle National Law (South Australia) provides to the contrary, the onus of proving the authority or excuse lies on the defendant and, in the absence of such proof, it will be presumed that no such authority or excuse exists.\n25—Provision of information and assistance by Registrar of Motor Vehicles\n\t(1)\tDespite any other Act or law, the Registrar is authorised, on his or her own initiative or at the request of the Regulator—\n\t(a)\tto provide the Regulator with such information (including information given in confidence) in the possession or control of the Registrar that is reasonably required by the Regulator for the purposes of this Act or the Heavy Vehicle National Law; and\n\t(b)\tto provide the Regulator with such other assistance as is reasonably required by the Regulator to exercise a function or power under this Act or the Heavy Vehicle National Law.\n\t(2)\tDespite any other Act or law, the Registrar may authorise the Regulator to disclose information provided under subsection (1) even if the information was given to the Registrar in confidence.\n\t(3)\tNothing done, or authorised to be done, by the Registrar in acting under subsection (1) or (2)—\n\t(a)\tconstitutes a breach of, or default under, an Act or other law; or\n\t(b)\tconstitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\n\t(c)\tconstitutes a breach of duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or\n\t(d)\tconstitutes a civil or criminal wrong; or\n\t(e)\tterminates 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\t(f)\treleases a surety or any other obligee wholly or in part from an obligation.\nRegistrar means the Registrar of Motor Vehicles under the Motor Vehicles Act 1959.\n26—Various powers may be exercised on same occasion \nAn authorised officer may exercise various powers under the Road Traffic Act 1961, the Motor Vehicles Act 1959 and this Act on the same occasion, whether the exercise of the powers is for the same purpose or different purposes and whether the opportunity to exercise 1 power arises only as a result of the exercise of another power.\n","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Regulations","content":"Part 3—Regulations\n27—National regulations\n\t(1)\tThe Subordinate Legislation Act 1978 does not apply to the national regulations.\n\t(2)\tThe Minister is to make arrangements for the tabling of a regulation made under the Heavy Vehicle National Law in both Houses of Parliament.\n\t(3)\tThe Minister must, after a regulation is tabled in each House of Parliament under subsection (2), forward a copy of the regulation to the Legislative Review Committee of the Parliament for inquiry and report.\n\t(4)\tA regulation made under the Heavy Vehicle National Law may be disallowed by a House of Parliament in the same way, and within the same period, that a regulation made under an Act of this jurisdiction may be disallowed.\n\t(5)\tHowever, if a regulation made by the designated authority pursuant to section 730 of the Heavy Vehicle National Law is disallowed in this jurisdiction, the regulation does not cease to have effect in this jurisdiction unless the regulation is disallowed in a majority of the participating jurisdictions (and, in such a case, the regulation will cease to have effect on the date of its disallowance in the last of the jurisdictions forming the majority).\n28—Local regulations\n\t(1)\tThe Governor may make regulations (the local regulations) for or with respect to any matter—\n\t(a)\tthat by the local application provisions of this Act is required or permitted to be prescribed by the local regulations or that is necessary or convenient to be prescribed by the local regulations for carrying out or giving effect to the local application provisions of this Act; or\n\t(b)\tthat by the Heavy Vehicle National Law (South Australia) is required or permitted to be prescribed by the local regulations.\n\t(2)\tWithout limitation, the local regulations may make provision for or with respect to—\n\t(a)\tthe administration of the Heavy Vehicle National Law (South Australia); and\n\t(b)\tprocedural matters relating to any aspects of the Heavy Vehicle National Law (South Australia).\n\t(3)\tWithout limiting subsection (1) or (2), the local regulations may—\n\t(a)\tconfer on police officers or persons of a specified class power to give directions (including directions requiring action inconsistent with other requirements under the Heavy Vehicle National Law (South Australia) or the Heavy Vehicle National Regulations (South Australia)) or any other power for the safe and efficient regulation of traffic; and\n\t(b)\tprovide for exemptions (conditional or unconditional) from specified provisions of the Heavy Vehicle National Law (South Australia) or the Heavy Vehicle National Regulations (South Australia); and\n\t(c)\tmake provision for the inspection of vehicles for the purposes of the local application provisions of this Act, the Heavy Vehicle National Law (South Australia) or the Heavy Vehicle National Regulations (South Australia); and\n\t(d)\tprescribe and provide for the payment of fees in respect of specified matters under, or matters that relate to the purposes of, the local application provisions of this Act, the Heavy Vehicle National Law (South Australia) or the Heavy Vehicle National Regulations (South Australia) (including, for example, fees on the making of an application, an assessment or a booking, and fees for vehicle or other inspections); and\n\t(e)\timpose a penalty for a contravention of, or non-compliance with, a local regulation of not more than the amount specified in section 730(3)(b) of the Heavy Vehicle National Law (South Australia); and\n\t(f)\tfix expiation fees for an alleged offence against the local application provisions of this Act or the local regulations; and\n\t(g)\tprescribe offences for the purposes of section 591 of the Heavy Vehicle National Law (South Australia) and fix expiation fees for such alleged offences in respect of which an infringement notice has been issued.\n\t(4)\tAn expiation fee fixed under the local regulations for an alleged offence against the local application provisions of this Act, the Heavy Vehicle National Law (South Australia), the Heavy Vehicle National Regulations (South Australia) or the local regulations may not exceed 10% of the penalty fixed for the relevant offence.\n\t(5)\tThe local regulations may—\n\t(a)\tbe of general application or limited application; and\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply.\n\t(6)\tWithout limiting a preceding subsection, the Governor may, by regulation, modify the operation of the Heavy Vehicle National Regulations (South Australia) (even if to do so is inconsistent with the Heavy Vehicle National Law (South Australia)).\n","sortOrder":7},{"sectionNumber":"Part 4","sectionType":"part","heading":"Savings and transitional provisions","content":"Part 4—Savings and transitional provisions\nDivision 2—Provisions relating to section 748 of Heavy Vehicle National Law\n32—Definitions for this Division\ncommencement means the commencement of this Division;\ngeneral savings and transitional provision means section 748 of the Heavy Vehicle National Law (South Australia);\nRoad Traffic Act means the Road Traffic Act 1961.\n33—Operation of general savings and transitional provision\nThis Division does not affect the operation of the general savings and transitional provision except to the extent expressly provided for.\n34—Offences\n\t(1)\tTo remove any doubt, it is declared that the general savings and transitional provision does not affect the operation of section 16 of the Acts Interpretation Act 1915 in relation to any offence committed or suspected to have been committed under the Road Traffic Act before the commencement of this Division.\n\t(2)\tWithout limiting subsection (1)—\n\t(a)\tthe general savings and transitional provision does not affect the exercise, after the commencement, of powers under the Road Traffic Act, as in force immediately before the commencement, in relation to any offence committed or suspected to have been committed before the commencement; and\n\t(b)\tthe Road Traffic Act, as in force immediately before the commencement, continues to have effect in relation to all matters arising in the investigation of the offence and the enforcement of the Act in relation to the offence.\n35—Approvals and exemptions\nIt is declared that, for the purposes of the general savings and transitional provision, sections 117, 122, 138 and 143 of the Heavy Vehicle National Law (South Australia) correspond to sections 161A and 163AA of the Road Traffic Act.\n36—Seizing of evidence\n\t(1)\tThe general savings and transitional provision does not apply to the seizing of anything under the Road Traffic Act before the commencement.\n\t(2)\tThe Road Traffic Act, as in force immediately before the commencement, continues to apply in relation to anything seized as mentioned in subsection (1).\n37—Declaratory regulation making power for general savings and transitional provision\n\t(1)\tA regulation may make provision of a declaratory nature (a declaratory regulation), as provided for in subsection (2), in relation to the operation of the general savings and transitional provision.\n\t(2)\tA declaratory regulation may, in relation to a particular thing done under the former legislation before the commencement—\n\t(a)\tdeclare that the general savings and transitional provision applies to it; or\n\t(b)\tdeclare how the general savings and transitional provision applies to it; or\n\t(c)\tdeclare that the general savings and transitional provision does not apply to it, and provide how the thing must otherwise be dealt with.\n\t(3)\tA declaratory regulation has effect according to its terms.\n\t(4)\tThe 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 regulation.\n\t(5)\tThe transitional regulation making power as provided for in section 39 does not apply to a declaratory regulation lawfully made under this section even if, in the absence of this section, the declaratory regulation should be made as a transitional regulation.\n\t(6)\tA declaratory regulation may not have retrospective operation.\n\t(7)\tHowever, a declaratory regulation may affect the operation of the general savings and transitional provision from when or after the regulation commences if the regulation does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n\t(8)\tA declaratory regulation must declare that it is a declaratory regulation.\nformer legislation means—\n\t(a)\tthe Motor Vehicles Act 1959; or\n\t(b)\tthe Road Traffic Act 1961.\nDivision 3—Interpretative provision\n38—References in documents to repealed or amended provisions\n\t(1)\tThis section applies to a document if—\n\t(a)\tthere is a reference in the document to a provision (the affected provision) of the Road Traffic Act 1961 or the Motor Vehicles Act 1959 as in force before the commencement of this section; and\n\t(b)\tthe affected provision is repealed or amended on the commencement of this section having regard to the commencement of the Heavy Vehicle National Law (South Australia).\n\t(2)\tThe reference may, if the context permits, be taken to be a reference to a provision of the Heavy Vehicle National Law (South Australia) corresponding to the affected provision.\ndocument does not include an Act.\nDivision 4—Savings and transitional provisions—general\n39—Saving and transitional provisions—general\n\t(1)\tThe Governor may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including any repeals and amendments made as a result of the enactment of this Act.\n\t(2)\tRegulations made under this section may—\n\t(a)\thave a retrospective effect to a day on or from a date not earlier than the day on which this Act receives Royal Assent; and\n\t(b)\tbe of limited or general application; and\n\t(c)\tleave any matter or thing to be decided by a specified person or class of person.\n\t(3)\tRegulations under this section have effect despite anything to the contrary in any Act (other than this Act) or in any statutory instrument.\nSchedule—Heavy Vehicle National Law\n\n","sortOrder":8},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Chapter 1—Preliminary\nPart 1—Introductory matters\n1—Short title\nThis Law may be cited as the Heavy Vehicle National Law.\n2—Commencement\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.\n3—Object of Law\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—\n\t(a)\tpromotes public safety; and\n\t(b)\tmanages the impact of heavy vehicles on the environment, road infrastructure and public amenity; and\n\t(c)\tpromotes industry productivity and efficiency in the road transport of goods and passengers by heavy vehicles; and\n\t(d)\tencourages and promotes productive, efficient, innovative, and safe business practices.\n4—Regulatory framework to achieve object\nThe object of this Law is to be achieved by a regulatory framework that—\n\t(a)\testablishes an entity (the National Heavy Vehicle Regulator) with functions directed at ensuring the object is achieved; and\n\t(b)\tprovides for a database of heavy vehicles; and\n\t(c)\tprescribes requirements about the following:\n\t(i)\tthe standards heavy vehicles must meet when on roads;\n\t(ii)\tthe maximum permissible mass and dimensions of heavy vehicles used on roads;\n\t(iii)\tsecuring and restraining loads on heavy vehicles used on roads;\n\t(iv)\tpreventing drivers of heavy vehicles exceeding speed limits;\n\t(v)\tpreventing drivers of heavy vehicles from driving while fatigued; and\n\t(d)\timposes 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\t(e)\tincludes measures directed at the matters mentioned in section 3(c) and (d) by allowing improved access to roads in certain circumstances, including by—\n\t(i)\tallowing 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\t(ii)\tproviding 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.\nPart 2—Interpretation\n5—Definitions\n100km work, for the purposes of Chapter 6, has the meaning given by section 289(1);\n100+km work, for the purposes of Chapter 6, has the meaning given by section 289(2);\naccreditation certificate means—\n\t(a)\tfor a heavy vehicle accreditation granted under this Law—the accreditation certificate given for the accreditation under section 464; or\n\t(b)\tfor 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;\nADR means—\n\t(a)\ta third edition ADR; or\n\t(b)\ta second edition ADR;\nadvice purposes means providing advice, information and education to persons with duties or obligations under this Law about compliance with the duties or obligations;\nAFM accreditation means—\n\t(a)\tAFM accreditation granted under section 458; or\nAFM fatigue management system, for the purposes of Chapter 6 and Chapter 8, has the meaning given by section 457;\nAFM hours, for the purposes of Chapter 6 and Chapter 8, has the meaning given by section 257;\nAFM standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457;\nagricultural implement means a vehicle without its own automotive power, built to perform agricultural tasks, and includes an agricultural trailer;\n\t•\tauger\n\t•\tconveyor\n\t•\tfield bin\n\t•\tharvester front\n\t•\tirrigating equipment or machinery\nagricultural machine means a vehicle with its own automotive power, built to perform agricultural tasks;\nharvester, tractor\nagricultural task means a task carried out in agriculture;\nExamples of an agricultural task—\n\t•\tcultivating land\n\t•\tgrowing and harvesting crops\n\t•\trearing livestock\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;\nagricultural vehicle means an agricultural implement or agricultural machine;\nApplication Act, of this jurisdiction, means the Act of this jurisdiction by which this Law applies as a law of this jurisdiction;\nappropriately qualified, for a function, includes having the qualifications, experience or standing appropriate to exercise the function;\nExample of standing—\na person's classification level or position in the public service or a government agency of a participating jurisdiction\napproved, by the responsible Ministers, for the purposes of Chapter 8, has the meaning given by section 457;\napproved auditor, for the purposes of Chapter 8, has the meaning given by section 457;\napproved electronic recording system has the meaning given by section 221;\napproved form means a form approved by the Regulator under section 735;\napproved guidelines means guidelines approved by the responsible Ministers under section 653;\napproved intelligent transport system has the meaning given by section 403;\napproved sleeper berth, for the purposes of Chapter 6, has the meaning given by section 221;\napproved vehicle examiner means a person approved as a vehicle examiner under the national regulations (as referred to in section 731);\narticulated bus means a bus with 2 or more rigid sections connected to one another in a way that allows—\n\t(a)\tpassenger access between the sections; and\n\t(b)\trotary movement between the sections;\nAS means an Australian standard made or published by Standards Australia;\nassociate, of a person, means—\n\t(a)\tif the person is an individual—\n\t(i)\tthe individual's spouse or de facto partner; or\n\t(ii)\ta relative of the individual, whether by blood, spousal relationship or adoption; or\n\t(iii)\tan employee of the individual; or\n\t(iv)\tan employee of a corporation of which the individual is an executive officer; or\n\t(v)\ta partner of the individual; or\n\t(vi)\ta corporation of which the individual is an executive officer; or\n\t(vii)\ta corporation in which the individual holds a controlling interest; or\n\t(viii)\ta person who is a trustee of a trust of which the individual is a trustee or beneficiary; or\n\t(ix)\ta person who is a beneficiary of a trust of which the individual is a trustee or beneficiary; or\n\t(x)\ta 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\t(xi)\ta person who is an associate of someone who is an associate of the individual; or\n\t(b)\tif the person is a corporation—\n\t(i)\tan executive officer of the corporation; or\n\t(ii)\tan associate of an executive officer of the corporation; or\n\t(iii)\tan employee of the corporation; or\n\t(iv)\ta person who holds a controlling interest in the corporation; or\n\t(v)\ta related body corporate, within the meaning of the Corporations Act 2001 of the Commonwealth, of the corporation; or\n\t(vi)\ta person who is an associate of someone who is an associate of the corporation;\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;\nAustralian Accounting Standards means Accounting Standards issued by the Australian Accounting Standards Board;\nAustralian road law means—\n\t(a)\tthis Law; or\n\t(b)\tanother law of a State or Territory that regulates the use of vehicles on roads;\nauthorised officer means—\n\t(a)\ta police officer declared by a law of a participating jurisdiction to be an authorised officer for the purposes of this Law; or\n\t(b)\ta person who holds office under this Law as an authorised officer;\nauthorised use, for the purposes of Chapter 13 Part 4, has the meaning given by section 727;\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;\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;\naxle group means a tandem axle group, twinsteer axle group, tri‑axle group or quad‑axle group;\nbase, of the driver of a heavy vehicle—\n\t(1)\tThe base of the driver of a heavy vehicle, in relation to particular work—\n\t(a)\tis the place from which the driver normally does the work; but\n\t(b)\tis, for the purposes of Chapter 6, the garage address of the vehicle if—\n\t(i)\tthe vehicle is a fatigue-regulated heavy vehicle; and\n\t(ii)\tthe driver is required under Chapter 6 Part 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 Chapter 6 Part 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—\n\t•\tthe driver is undertaking 100km work under standard hours\n\t•\tthe driver is working under a work diary exemption.\n\t(2)\tFor 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\t(3)\tFor a driver who has 2 or more employers, the driver may have a different base in relation to each employer under paragraph (1).\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;\nTypical B‑double\n\nB‑triple means a combination consisting of a prime mover towing 3 semitrailers, with—\n\t(a)\tthe first semitrailer being attached directly to the prime mover by a fifth wheel coupling; and\n\t(b)\tthe second semitrailer being mounted on the rear of the first semitrailer by a fifth wheel coupling on the first semitrailer; and\n\t(c)\tthe third semitrailer being mounted on the rear of the second semitrailer by a fifth wheel coupling on the second semitrailer;\nTypical B-triple\n\nBFM accreditation means—\n\t(a)\tBFM accreditation granted under section 458; or\nBFM fatigue management system, for the purposes of Chapter 8, has the meaning given by section 457;\nBFM hours, for the purposes of Chapter 6 and Chapter 8, has the meaning given by section 253;\nBFM standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457;\nBoard means the National Heavy Vehicle Regulator Board established under section 662;\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;\nbus means a heavy motor vehicle built or fitted to carry more than 9 adults (including the driver);\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—\n\t(a)\tthe operating policies and procedures of the business; and\n\t(b)\tthe human resource and contract management arrangements of the business; and\n\t(c)\tthe arrangements for preventing or minimising public risks associated with the person's practices;\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;\ncategory of heavy vehicles—see section 15;\ncause, a thing, includes—\n\t(a)\tcontribute to causing the thing; and\n\t(b)\tencourage the thing;\ncentre‑line, of an axle, means—\n\t(a)\tfor an axle consisting of 1 shaft—a line parallel to the length of the axle and passing through its centre; and\n\t(b)\tfor an axle consisting of 2 shafts—a line in the vertical plane passing through—\n\t(i)\tthe centre of both shafts; and\n\t(ii)\tthe centres of the wheels on the shafts;\nclass 1 heavy vehicle has the meaning given by section 116(1) and (2);\nclass 2 heavy vehicle has the meaning given by section 136;\nclass 2 heavy vehicle authorisation means—\n\t(a)\ta class 2 heavy vehicle authorisation (notice); or\n\t(b)\ta class 2 heavy vehicle authorisation (permit);\nclass 2 heavy vehicle authorisation (notice) has the meaning given by section 138(2);\nclass 2 heavy vehicle authorisation (permit) has the meaning given by section 143(2);\nclass 3 heavy vehicle has the meaning given by section 116(3);\ncombination means a group of vehicles consisting of a motor vehicle towing 1 or more other vehicles;\nCommonwealth Gazette means the Commonwealth of Australia Gazette;\nCommonwealth Gazette notice means notice published in the Commonwealth Gazette;\nCommonwealth responsible Minister means the Commonwealth Minister nominated by the Commonwealth as the responsible Minister for the Commonwealth for the purposes of this Law;\ncompensation order has the meaning given by section 611(1);\ncomplaint, for an offence, includes an information, or a complaint, charge, notice or other process that starts a proceeding for the offence;\ncompliance purposes means—\n\t(a)\tmonitoring purposes; or\n\t(b)\tinvestigation purposes;\ncomplying container weight declaration has the meaning given by section 189;\ncomponent, of a heavy vehicle that is a combination, means—\n\t(a)\tother than in Chapter 3 Part 3, a component vehicle of the combination; or\n\t(b)\ta component of any component vehicle of the combination;\ncomponent vehicle, of a heavy combination, means the towing vehicle or another vehicle in the combination;\ncondition includes a restriction;\nconduct means an act, an omission to perform an act, or a state of affairs;\nconsent includes an approval or concurrence;\nconsign and consignor—\nA person consigns goods, and is a consignor of goods, for road transport using a heavy vehicle, if—\n\t(a)\tthe 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\t(b)\tthe 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\t(ba)\tif 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\t(c)\tthere is no person as described in paragraph (a) or (b) and the goods are imported into Australia and the person is the importer of the goods;\nconsignee, of goods—\n\t(a)\tmeans a person who—\n\t(i)\thas 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\t(ii)\tactually receives the goods after completion of their road transport; but\n\t(b)\tdoes not include a person who merely unloads the goods;\ncontainer weight declaration—\n\t(a)\tmeans 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\n\t(b)\tincludes a copy of a declaration mentioned in paragraph (a);\ncontract includes an agreement;\nconverter dolly means a pig trailer with a fifth wheel coupling designed to convert a semitrailer into a dog trailer;\nTypical converter dolly\n\nconvict, a person of an offence, has the meaning given by section 9(1);\nconvicted, of an offence, has the meaning given by section 9(2);\nconvicted person—\n\t(a)\tfor the purposes of Chapter 10 Part 3 Division 5, has the meaning given by section 599(a); or\n\t(b)\tfor the purposes of Chapter 10 Part 3 Division 6, has the meaning given by section 606(a);\ncorporation includes a body politic or corporate;\ncorresponding fatigue law, for the purposes of Chapter 6, has the meaning given by section 221;\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, for the purposes of Chapter 6, has the meaning given by section 338(2)(b);\ndatabase of heavy vehicles means the database of heavy vehicles kept under section 686A;\ndaytime means the period of a day between sunrise and sunset;\nde facto partner, of a person, means a person (whether of the same 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;\ndefective heavy vehicle, for the purposes of Chapter 9 Part 3 Division 6, has the meaning given by section 525;\ndefective vehicle label, for the purposes of Chapter 9 Part 3 Division 6, has the meaning given by section 525;\ndefendant, for a proceeding for an offence, means the person charged with the offence (whether called the defendant or the accused);\ndeficiency, for the purposes of Chapter 10 Part 4 Division 3, has the meaning given by section 626;\ndimension requirement means—\n\t(a)\ta prescribed dimension requirement (under section 101); or\n\t(b)\ta 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\t(c)\ta requirement as to a dimension limit under a PBS vehicle approval; or\n\t(d)\ta requirement as to a dimension limit indicated by an official traffic sign; or\nSee the definitions indicated and official traffic sign.\n\t(e)\ta requirement as to a dimension limit for a component vehicle as prescribed by a heavy vehicle standard;\ndrive, a vehicle or combination, includes—\n\t(a)\tbe in control of the steering, movement or propulsion of the vehicle or combination; and\n\t(b)\tfor a trailer—drive a vehicle towing the trailer;\ndriver, of a vehicle or combination—\n\t(a)\tmeans the person driving the vehicle or combination; and\n\t(b)\tincludes—\n\t(i)\ta 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\t(ii)\ta person who is driving the vehicle or combination as a driver under instruction or under an appropriate learner licence or learner permit; and\n\t(iii)\twhere 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;\ndriver fatigue compliance function, for the purposes of Chapter 13 Part 4, has the meaning given by section 727(1);\ndriver fatigue provision, for the purposes of Chapter 13 Part 4, has the meaning given by section 727(1);\ndriver licence means—\n\t(a)\ta driver licence issued under a law of a State or Territory that regulates the use of vehicles on roads; or\n\t(b)\ta 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;\nelectronic recording system has the meaning given by section 221;\nelectronic recording system approval means an approval of an electronic recording system under Chapter 6 Part 4 Division 7;\nelectronic work diary has the meaning given by section 221;\nelectronic work diary authorised use, for the purposes of Chapter 13 Part 4, has the meaning given by section 727(1);\nelectronic work diary information, for the purposes of Chapter 13 Part 4, has the meaning given by section 727(1);\nelectronic work diary protected information, for the purposes of Chapter 13 Part 4, has the meaning given by section 727(1);\nembargo notice has the meaning given by section 557(2);\nembargoed thing means a thing the subject of an embargo notice;\nemployed driver, of a heavy vehicle, means a person who is employed by someone else to drive the vehicle;\nemployee means an individual who is employed by someone else;\nemployer means a person who employs someone else;\nencourage includes give an incentive;\nentity includes a person, an unincorporated partnership and an unincorporated body;\nentry, in a work record, for the purposes of Chapter 6, has the meaning given by section 221;\nequipment, in relation to a heavy vehicle, includes tools, devices and accessories in the vehicle;\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;\nexamine includes analyse, test, account, measure, weigh, grade, gauge or identify;\nexecutive officer, of a corporation, means—\n\t(a)\ta director of the corporation; or\n\t(b)\tany 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;\nexemption hours, for the purposes of Chapter 6, has the meaning given by section 259;\nexercise, for a function, includes perform;\nextract, of a document, device or other thing, means a copy of any information contained in the document, device or other thing;\nfalse or misleading means false or misleading in a material particular;\nfatigue has the meaning given by section 223;\nfatigue record keeping exemption means—\n\t(a)\ta fatigue record keeping exemption (notice); or\n\t(b)\ta fatigue record keeping exemption (permit);\nfatigue record keeping exemption (notice) has the meaning given by section 378;\nfatigue record keeping exemption (permit) has the meaning given by section 383;\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.\nfatigue‑regulated heavy vehicle has the meaning given by section 7;\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—\n\t(a)\tpermit quick coupling and uncoupling; and\n\t(b)\tprovide for articulation;\nfilm, a thing, includes—\n\t(a)\tphotograph or videotape the thing; and\n\t(b)\trecord an image of the thing in another way;\nfit, to drive a heavy vehicle, or to start or stop its engine, for a person, means the person—\n\t(a)\tis apparently physically and mentally fit to drive the vehicle, or start or stop its engine; and\n\t(b)\tis not apparently affected by either or both of the following:\n\t(i)\talcohol;\n\t(ii)\ta drug that affects a person's ability to drive a vehicle; and\n\t(c)\tis 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\t(d)\tis 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;\nfreight container means—\n\t(a)\ta 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>.\n\t(b)\ta re‑usable container of the same or a similar design and construction to a container mentioned in paragraph (a) though of different dimensions;\nFund means the National Heavy Vehicle Regulator Fund established under section 687;\ngarage address, of a heavy vehicle, means—\n\t(a)\tfor a heavy vehicle normally kept at a depot when not in use—the principal depot of the vehicle; or\n\t(b)\tfor 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;\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—\n\t(a)\tif 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\t(b)\totherwise—stated by the motor vehicle's manufacturer;\ngoods—\n\t(a)\tincludes—\n\t(i)\tanimals (whether alive or dead); and\n\t(ii)\ta container (whether empty or not); but\n\t(i)\tpeople; or\n\t(ii)\tfuel, water, lubricants and readily removable equipment required for the normal use of the vehicle or combination in which they are carried; or\n\t(iii)\tpersonal 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;\nGVM (gross vehicle mass), of a vehicle, means the maximum loaded mass of the vehicle—\n\t(a)\tif the registration authority has specified the vehicle's maximum loaded mass—specified by the registration authority; or\n\t(b)\totherwise—stated by the vehicle's manufacturer;\nhauling unit means a motor vehicle that forms part of a combination, but does not include a prime mover;\nheavy combination means a combination that is a heavy vehicle;\nheavy motor vehicle means a motor vehicle that is a heavy vehicle;\nheavy trailer means a trailer that is a heavy vehicle;\nheavy vehicle has the meaning given by section 6;\nheavy vehicle accreditation means—\n\t(a)\tAFM accreditation; or\n\t(b)\tBFM accreditation; or\n\t(c)\tmaintenance management accreditation; or\n\t(d)\tmass management accreditation;\nheavy vehicle standards has the meaning given by section 59;\nhigher mass limits, for the purposes of Chapter 7, has the meaning given by section 403;\nHML authority, for the purposes of Chapter 7, has the meaning given by section 403;\nhome address means—\n\t(a)\tfor an individual—the individual's residential address in Australia; or\n\t(b)\tfor a body corporate with a registered office in Australia—the address of the registered office; or\n\t(c)\tfor another person—the address of the person's principal or only place of business in Australia;\nidentification details, for the purposes of Chapter 9 Part 3 Division 6, has the meaning given by section 525;\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;\nimpaired by fatigue has the meaning given by section 225;\nimprovement notice has the meaning given by section 572(2);\nin, a vehicle, includes on the vehicle;\nindicated, by an official traffic sign, includes—\n\t(a)\tindicated by way of a direction on an official traffic sign; and\n\t(b)\tindicated 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;\nindictable offence means an offence mentioned in section 26F;\ninformation includes—\n\t(a)\tinformation in the form of a printed document; and\nSee the definitions printed and document in section 12 of Schedule 1.\n\t(b)\tinformation stored electronically;\ninformation notice, for a decision, means a notice stating the following:\n\t(a)\tthe decision;\n\t(b)\tthe reasons for the decision;\n\t(c)\tthe review and appeal information for the decision;\ninfringement notice means—\n\t(a)\tan infringement notice issued under section 591; or\n\t(b)\tan infringement notice, expiation notice, penalty notice or similar notice under the Infringement Notice Offences Law;\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;\ninspect, a thing, includes—\n\t(a)\topen the thing and examine its contents; and\n\t(b)\ttest the thing or its contents or both;\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;\nintelligent access program agreement, for the purposes of Chapter 7, has the meaning given by section 403;\nintelligent access program audit, for the purposes of Chapter 7, has the meaning given by section 403;\nintelligent access program auditor means a person engaged by TCA for auditing activities conducted by intelligent access program service providers;\nintelligent access program conditions has the same meaning given by section 402;\nintelligent access program information, for the purposes of Chapter 7, has the meaning given by section 403;\nintelligent access program reporting entity, for the purposes of Chapter 6, has the meaning given by section 221;\nintelligent access program service provider has the meaning given by section 403;\nintelligent access program vehicle, for the purposes of Chapter 7, has the meaning given by section 403;\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—\n\t(a)\tany or all of the following:\n\t(i)\ta heavy vehicle, its equipment or load;\n\t(ii)\tthe driver of a heavy vehicle;\n\t(iii)\tan operator of a heavy vehicle;\n\t(iv)\tanyone else involved in road transport using a heavy vehicle; and\n\t(b)\twithout limiting paragraph (a), the compliance or noncompliance with this Law of the use of a heavy vehicle on a road;\ninvestigation purposes means investigating a contravention or suspected contravention of this Law;\njourney documentation—\n\t(a)\tmeans a document, other than transport documentation, in any form—\n\t(i)\tdirectly or indirectly associated with—\n\t(A)\ta 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\t(B)\tgoods or passengers, to the extent the document is relevant to a transaction for their actual or proposed road transport; and\n\t(ii)\twhether relating to a particular journey or to journeys generally; and\n\t(b)\tincludes, for example, any or all of the following:\n\t(i)\ta document kept, used or obtained by a responsible person for a heavy vehicle in connection with the transport of goods or passengers;\n\t(ii)\ta workshop, maintenance or repair record relating to a heavy vehicle used, or claimed to be used, for transporting goods or passengers;\n\t(iii)\ta subcontractor's payment advice relating to goods or passengers or their transport;\n\t(iv)\trecords kept, used or obtained by the driver of a heavy vehicle used, or claimed to be used, for transporting goods or passengers;\n\t•\tdriver's run sheet\n\t•\twork diary entry\n\t•\tfuel docket or receipt\n\t•\tfood receipt\n\t•\ttollway receipt\n\t•\tpay record\n\t•\tmobile or other telephone record\n\t(v)\tinformation reported through the use of an intelligent transport system;\n\t(vi)\ta driver manual or instruction sheet;\n\t(vii)\tan advice resulting from check weighing of a heavy vehicle's mass or load performed before, during or after a journey;\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;\nlaw enforcement purposes, for the purposes of Chapter 7, has the meaning given by section 403;\nload, of a heavy vehicle or in a heavy vehicle, means—\n\t(a)\tall the goods, passengers, drivers and other persons in the vehicle; and\n\t(b)\tall fuel, water, lubricants and readily removable equipment carried in the vehicle and required for its normal use; and\n\t(c)\tpersonal items used by the vehicle's driver or someone else necessary for the normal use of the vehicle; and\n\t(d)\tanything that is normally removed from the vehicle when not in use;\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—\n\t(a)\tloads the vehicle, or any container that is in or part of the vehicle, with the goods for road transport; or\n\t(b)\tloads the vehicle with a freight container, whether or not it contains goods, for road transport;\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;\nloading manager, for goods in a heavy vehicle, means—\n\t(a)\ta person who manages, or is responsible for the operation of, regular loading or unloading premises for heavy vehicles where the goods are—\n\t(i)\tloaded onto the heavy vehicle; or\n\t(ii)\tunloaded from the heavy vehicle; or\n\t(b)\ta 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;\nloading requirements has the meaning given by section 110;\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;\nmaintenance management accreditation means—\n\t(a)\tmaintenance management accreditation granted under section 458; or\nmaintenance management standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457;\nmaintenance management system, for the purposes of Chapter 8, has the meaning given by section 457;\nmajor defect notice means a notice complying with the requirements for a major defect notice under section 527;\nmajor rest break, for the purposes of Chapter 6, has the meaning given by section 221;\nmalfunction—\n\t(a)\tfor the purposes of Chapter 6, has the meaning given by section 221; and\n\t(b)\tfor the purposes of Chapter 7, has the meaning given by section 403;\nmanagement member, of an unincorporated body, means—\n\t(a)\tif the body has a management committee—each member of the management committee; or\n\t(b)\totherwise—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;\nmass, dimension or loading requirement means a mass requirement, dimension requirement or loading requirement;\nmass management accreditation means—\n\t(a)\tmass management accreditation granted under section 458; or\nmass management standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457;\nmass management system, for the purposes of Chapter 8, has the meaning given by section 457;\nmass or dimension authority means—\n\t(a)\ta mass or dimension exemption; or\n\t(b)\ta class 2 heavy vehicle authorisation;\nmass or dimension exemption means—\n\t(a)\ta mass or dimension exemption (notice); or\n\t(b)\ta mass or dimension exemption (permit);\nmass or dimension exemption (notice) has the meaning given by section 117(2);\nmass or dimension exemption (permit) has the meaning given by section 122(3);\nmass requirement means—\n\t(a)\ta prescribed mass requirement (under section 95); or\n\t(b)\ta 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\t(c)\ta requirement as to a mass limit under a PBS vehicle approval; or\n\t(d)\ta requirement as to a mass limit indicated by an official traffic sign; or\nSee the definitions indicated and official traffic sign.\n\t(e)\ta requirement as to a mass limit under the GVM or GCM for a heavy vehicle; or\n\t(f)\ta requirement as to a mass limit for a component vehicle as stated by the manufacturer or as prescribed by a heavy vehicle standard. \nmaximum work requirement means a requirement of Chapter 6 relating to a maximum work time for the driver of a fatigue‑regulated heavy vehicle;\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;\nminimum rest requirement means a requirement of Chapter 6 relating to the minimum rest time for the driver of a fatigue‑regulated heavy vehicle;\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;\nminor defect notice means a notice complying with the requirements for a minor defect notice under section 527;\nminor risk breach—\n\t(a)\tfor a mass requirement—has the meaning given by section 98; or\n\t(b)\tfor a dimension requirement—has the meaning given by section 105; or\n\t(c)\tfor a loading requirement—has the meaning given by section 112; or\n\t(d)\tfor a maximum work requirement or minimum rest requirement—has the meaning given by section 222(1);\nmodification, for the purposes of Chapter 3 Part 3, has the meaning given by section 84;\nmonitoring purposes means finding out whether this Law is being complied with;\nmotor vehicle means a vehicle built to be propelled by a motor that forms part of the vehicle;\nMotor Vehicle Standards Act 1989 means the repealed Motor Vehicle Standards Act 1989 of the Commonwealth as in force before its repeal;\nnational regulations means the regulations made under section 730;\nNational Transport Commission means the National Transport Commission established by the National Transport Commission Act 2003 of the Commonwealth;\nnight means the period between sunset on a day and sunrise on the next day;\nnight rest break means—\n\t(a)\t7 continuous hours stationary rest time between 10 pm on a day and 8 am 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.\n\t(b)\t24 continuous hours stationary rest time;\nnight work time, for the purposes of Chapter 6, has the meaning given by section 221;\nnoncompliance report, for the purposes of Chapter 7, has the meaning given by section 403;\nnon‑participating jurisdiction, for the purposes of Chapter 6, has the meaning given by section 221;\nnotice—\n\t(a)\tmeans written notice; and\n\t(b)\tfor the purposes of Chapter 9 Part 4 Division 5B, has the meaning given by section 576D;\noccupier, of a place, includes the following:\n\t(a)\tif there is more than 1 person who apparently occupies the place—any 1 of the persons;\n\t(b)\tany person at the place who is apparently acting with the authority of a person who apparently occupies the place;\n\t(c)\tif no‑one apparently occupies the place—any person who is an owner of the place;\nofficial means any of the following persons exercising a function under this Law:\n\t(a)\tthe Regulator;\n\t(b)\ta road authority;\n\t(c)\tan authorised officer;\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;\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—\n\t(a)\tfor a vehicle (including a vehicle in a combination)—the vehicle; or\n\t(b)\tfor a combination—the towing vehicle in the combination;\noversize vehicle means a heavy vehicle that does not comply with a dimension requirement applying to it;\nowner—\n\t(a)\tof a vehicle means—\n\t(i)\teach person who is an owner, joint owner or part owner of the vehicle; or\n\t(ii)\ta person who has the use or control of the vehicle under a credit agreement, hiring agreement, hire‑purchase agreement or leasing arrangement; or\n\t(b)\tof a combination means—\n\t(i)\teach person who is an owner, joint owner or part owner of the towing vehicle in the combination; or\n\t(ii)\ta 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\t(c)\tof a sample means an owner of the sample or the thing from which it was taken;\npack and packer—\nA person packs goods, and is a packer of goods, if the person—\n\t(a)\tputs the goods in packaging, even if that packaging is already on a vehicle; or\nExample for the purposes of paragraph (a)—\nA person who uses a hose to fill the tank of a tank vehicle with petrol packs the petrol for transport.\n\t(b)\tassembles the goods as packaged goods in an outer packaging, even if that packaging is already on a vehicle; or\n\t(c)\tsupervises an activity mentioned in paragraph (a) or (b); or\n\t(d)\tmanages or controls an activity mentioned in paragraph (a), (b) or (c);\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.\nparticipating jurisdiction—\n\t(a)\tfor the purposes of this Law other than Chapter 6—means a State or Territory in which—\n\t(i)\tthis Law applies as a law of the State or Territory; or\n\t(ii)\ta law that substantially corresponds to the provisions of this Law has been enacted; or\n\t(iii)\ta law prescribed by the national regulations for the purposes of this subparagraph has been enacted; or\n\t(b)\tfor the purposes of Chapter 6—has the meaning given by section 221;\nparty in the chain of responsibility, for a heavy vehicle, means each of the following persons:\n\t(a)\tif the vehicle's driver is an employed driver—an employer of the driver;\n\t(b)\tif the vehicle's driver is a self‑employed driver—a prime contractor for the driver;\n\t(c)\tan operator of the vehicle;\n\t(d)\ta scheduler for the vehicle;\n\t(e)\ta consignor of any goods in the vehicle;\n\t(f)\ta consignee of any goods in the vehicle;\n\t(g)\ta packer of any goods in the vehicle;\n\t(h)\ta loading manager for any goods in the vehicle;\n\t(i)\ta loader of any goods in the vehicle;\n\t(j)\tan unloader of any goods in the vehicle;\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;\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. \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.\nPBS vehicle means a heavy vehicle that is the subject of a current PBS vehicle approval under Chapter 1 Part 4;\nPBS vehicle approval means a current approval issued for a heavy vehicle by the Regulator under section 23;\npersonal information—\n\t(a)\tgenerally, 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\t(b)\tfor the purposes of Chapter 7, has the meaning given by section 403;\npig trailer means a trailer—\n\t(a)\twith 1 axle group or a single axle near the middle of its load carrying surface; and\n\t(b)\tconnected to the towing vehicle by a drawbar;\npilot vehicle means a motor vehicle that accompanies an oversize vehicle to warn other road users of the oversize vehicle's presence;\nplace of business, for the purposes of Chapter 9 Part 2 has the meaning given by section 494;\npole‑type trailer means a trailer that—\n\t(a)\tis attached to a towing vehicle by a pole or an attachment fitted to a pole; and\n\t(b)\tis ordinarily used for transporting loads, such as logs, pipes, structural members, or other long objects, that can generally support themselves like beams between supports;\nPole‑type trailer\n\npolice commissioner means the head of the police force or police service (however called) of a participating jurisdiction;\npremises—\n\t(a)\tmeans a building or other structure, a vessel, or another place (whether built on or not)—\n\t(i)\tfrom which a business is carried out; or\n\t(ii)\tat or from which goods are loaded onto or unloaded from vehicles; and\n\t(b)\tincludes a part of a building, structure, vessel or place mentioned in paragraph (a);\nprescribed dimension requirement means a requirement prescribed by the national regulations under section 101;\nprescribed fee means a fee prescribed by the national regulations under section 740(1);\nprescribed mass requirement means a requirement prescribed by the national regulations under section 95;\nprevious corresponding law—\n\t1\tA 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\t2\tA 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","sortOrder":9},{"sectionNumber":"3","sectionType":"section","heading":"For the purposes of paragraph 1, it is irrelevant whether the law of the participating jurisdiction—","content":"\t3\tFor the purposes of paragraph 1, it is irrelevant whether the law of the participating jurisdiction—\n\t(a)\tis in 1 instrument or 2 or more instruments; or\n\t(b)\tis part of an instrument; or\n\t(c)\tis part of an instrument and the whole or part of 1 or more other instruments;\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\nprime mover means a heavy motor vehicle designed to tow a semitrailer;\nprohibition notice has the meaning given by section 576A(3);\nprohibition order has the meaning given by section 607(1);\npromisee—see section 590A;\nprotected information, for the purposes of Chapter 13 Part 4, has the meaning given by section 727;\npublic authority means—\n\t(a)\ta State or Territory or the Commonwealth, in any capacity; or\n\t(b)\ta body established under a law, or the holder of an office established under a law, for a public purpose, including a local government authority;\npublic notice means a notice—\n\t(a)\tin the Commonwealth Gazette; and\n\t(b)\ton the Regulator's website; and\n\t(c)\tif the Regulator considers it appropriate—in another way, including, for example, in a national newspaper;\npublic place means a place or part of a place—\n\t(a)\tthat 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\t(b)\tthe occupier of which allows members of the public to enter, whether or not on payment of money;\npublic risk means—\n\t(a)\ta safety risk; or\n\t(b)\ta risk of damage to road infrastructure;\npublic safety means the safety of persons or property, including the safety of—\n\t(a)\tthe drivers of, and passengers and other persons in, vehicles and combinations; and\n\t(b)\tpersons 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\t(c)\tvehicles and combinations and any loads in them;\npublic safety ground, for a reviewable decision, has the meaning given by section 640;\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;\nqualified, to drive a heavy vehicle, or to start or stop its engine, for a person, means the person—\n\t(a)\tholds a driver licence of the appropriate class to drive the vehicle that is not suspended; and\n\t(b)\tis not prevented under a law, including, for example, by the conditions of the driver licence, from driving the vehicle at the relevant time;\nQueensland Minister means the responsible Minister for Queensland;\nreasonably believes means believes on grounds that are reasonable in the circumstances;\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—\n\t(a)\tthe likelihood of a safety risk, or damage to road infrastructure, happening; and\n\t(b)\tthe harm that could result from the risk or damage; and\n\t(c)\twhat the person knows, or ought reasonably to know, about the risk or damage; and\n\t(d)\twhat the person knows, or ought reasonably to know, about the ways of—\n\t(i)\tremoving or minimising the risk; or\n\t(ii)\tpreventing or minimising the damage; and\n\t(e)\tthe availability and suitability of those ways; and\n\t(f)\tthe cost associated with the available ways, including whether the cost is grossly disproportionate to the likelihood of the risk or damage;\nreasonably satisfied means satisfied on grounds that are reasonable in the circumstances;\nreasonably suspects means suspects on grounds that are reasonable in the circumstances;\nrecord keeper has the meaning given by section 317;\nrecord location, of the driver of a fatigue‑regulated heavy vehicle, for the purposes of Chapter 6, has the meaning given by section 290;\nregistered industry code of practice means an industry code of practice registered under section 706;\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;\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;\nregistration, of a heavy vehicle, means registration of the vehicle under an Australian road law;\nregistration authority, for a heavy vehicle, means the authority responsible for the registration of the vehicle under an Australian road law;\nregistration item means a document, number plate, label or other thing relating to the registration or purported registration of a heavy vehicle;\nregistration number, for a heavy vehicle, means the identifying registration number, however described, given to the vehicle under an Australian road law;\nregular loading or unloading premises—\n\t1\tRegular 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\t2\tFor 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—\n\t(a)\tfor 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\t(b)\tfor 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\t3\tIn 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.\nRegulator means the National Heavy Vehicle Regulator established under section 656;\nRegulator's website means the website of the Regulator on the Internet;\nrelevant appeal body, for the purposes of Chapter 11, has the meaning given by section 640;\nrelevant contravention, for the purposes of Chapter 7, has the meaning given by section 403;\nrelevant emission, for a heavy vehicle, means noise emission, gaseous emission or particle emission emanating from the vehicle;\nrelevant garage address, of a heavy vehicle, means—\n\t(a)\tthe heavy vehicle's garage address; or\n\t(b)\tif the heavy vehicle is a combination—the garage address of the towing vehicle in the combination;\nrelevant jurisdiction, for the purposes of Chapter 11, has the meaning given by section 640;\nrelevant management system, for the purposes of Chapter 8, has the meaning given by section 457;\nrelevant monitoring matters, for the purposes of Chapter 7, has the meaning given by section 403;\nrelevant place, for the purposes of Chapter 9 Part 2, has the meaning given by section 494;\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;\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;\nrelevant standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457;\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;\nresidence, for the purposes of Chapter 9 Part 2, has the meaning given by section 494(1);\nresponsible entity, for a freight container, means—\n\t(a)\tthe person who, in Australia, consigned the container for road transport using a heavy vehicle; or\n\t(b)\tif 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\t(c)\tif 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;\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;\nresponsible Ministers means a group of Ministers consisting of—\n\t(a)\tthe responsible Minister for each participating jurisdiction; and\n\t(b)\tthe Commonwealth responsible Minister;\nSee also section 655(3).\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:\n\t(a)\tan owner of the vehicle or, if it is a combination, an owner of a heavy vehicle forming part of the combination;\n\t(b)\tthe vehicle's driver;\n\t(c)\tan 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\t(d)\ta person in charge or apparently in charge of—\n\t(i)\tthe vehicle; or\n\t(ii)\tthe vehicle's garage address or, if it is a combination, the garage address of a heavy vehicle forming part of the combination; or\n\t(iii)\ta base of the vehicle's driver;\n\t(e)\ta 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\t(f)\ta 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\t(g)\ta 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\t(h)\ta consignor of goods for road transport;\n\t(i)\ta packer of goods in a freight container or other container or in a package or on a pallet for road transport;\n\t(j)\ta person who loads goods or a container for road transport;\n\t(k)\ta person who unloads goods or a container containing goods consigned for road transport;\n\t(l)\ta person to whom goods are consigned for road transport;\n\t(m)\ta person who receives goods packed outside Australia in a freight container or other container or on a pallet for road transport in Australia;\n\t(n)\tan 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\t(o)\ta responsible entity for a freight container on the vehicle;\n\t(p)\ta 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\t(q)\ta scheduler for the vehicle;\n\t(r)\tan employer, employee, agent or subcontractor of a person mentioned in any of paragraphs (a) to (q);\nrest, in relation to a fatigue‑regulated heavy vehicle, has the meaning given by section 221;\nrest time, for the purposes of Chapter 6, has the meaning given by section 221;\nreview and appeal information—\n\t(a)\tfor a decision made by the Regulator or an authorised officer who is not a police officer, means the following information:\n\t(i)\tthat, under section 641, a dissatisfied person for the decision may ask for the decision to be reviewed by the Regulator;\n\t(ii)\tthat, 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\t(iii)\tthat, in relation to the Regulator's decision on the review, the person may—\n\t(A)\tunder section 647, appeal against the decision to a relevant tribunal or court; and\n\t(B)\tunder 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\t(b)\tfor a decision made by a road manager (for a road) that is a public authority, means the following information:\n\t(i)\tthat, under section 641, a dissatisfied person for the decision may apply to the Regulator to have the decision reviewed;\n\t(ii)\tthat, under section 643, the Regulator must refer the application to the road manager for review;\n\t(iii)\tthat the decision of the road manager on the review is not subject to further review or appeal under this Law; and\n\t(c)\tfor 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;\nreview application, for the purposes of Chapter 11, has the meaning given by section 640;\nreview decision, for the purposes of Chapter 11, has the meaning given by section 640;\nreviewable decision has the meaning given by section 640;\nreviewer, for the purposes of Chapter 11, has the meaning given by section 640;\nrigid, other than in the definition articulated bus, means not articulated;\nrisk category—\n\t(a)\tfor a contravention of a mass, dimension or loading requirement, means 1 of the following categories:\n\t(i)\tminor risk breach;\n\t(ii)\tsubstantial risk breach;\n\t(iii)\tsevere risk breach; or\n\t(b)\tfor a contravention of a maximum work requirement or minimum rest requirement, means 1 of the following categories:\n\t(i)\tminor risk breach;\n\t(ii)\tsubstantial risk breach;\n\t(iii)\tsevere risk breach;\n\t(iv)\tcritical risk breach;\nroad has the meaning given by section 8;\nSee also section 13.\nroad authority, for a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be the road authority for that jurisdiction for the purposes of this Law;\nroad condition has the meaning given by section 154;\nroad infrastructure includes—\n\t(a)\ta road, including its surface or pavement; and\n\t(b)\tanything under or supporting a road or its surface or pavement; and\n\t(c)\tany bridge, tunnel, causeway, road‑ferry, ford or other work or structure forming part of a road system or supporting a road; and\n\t(d)\tany bridge or other work or structure located above, in or on a road; and\n\t(e)\tany 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);\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;\nroad‑related area has the meaning given by section 8;\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;\nroad train means—\n\t(a)\ta B‑triple; or\n\t(b)\ta combination, other than a B‑double, consisting of a motor vehicle towing at least 2 trailers, excluding any converter dolly supporting a semitrailer;\nTypical triple road train\n\nroad transport means transport by road;\nRoad Vehicle Standards Act 2018 means the Road Vehicle Standards Act 2018 of the Commonwealth;\nroute assessment, for the purposes of Chapter 4 Part 7, has the meaning given by section 154;\nsafer freight vehicle has the meaning given by section 153A(2);\nsafety duty means a duty imposed under any of the following provisions:\n\t(a)\tsection 26C;\n\t(b)\tsection 26E(1) or (2);\n\t(c)\tsection 89(1);\n\t(d)\tsection 93(1), (2) or (3);\n\t(e)\tsection 129(1), (2) or (3);\n\t(f)\tsection 137;\n\t(g)\tsection 150(1);\n\t(h)\tsection 153A(1);\n\t(i)\tsection 186(2), (3), (4) or (5);\n\t(j)\tsection 187(2) or (3);\n\t(k)\tsection 335(1);\n\t(l)\tsection 336(1);\n\t(m)\tsection 337(2);\n\t(n)\tsection 454(1) or (2);\n\t(o)\tsection 467;\n\t(p)\tsection 470(2), (3) or (4);\n\t(q)\tsection 604;\n\t(r)\tsection 610;\nsafety risk means a risk—\n\t(a)\tto public safety; or\n\t(b)\tof harm to the environment;\nschedule, for the driver of a heavy vehicle, means—\n\t(a)\tthe schedule for the transport of any goods or passengers by the vehicle; or\n\t(b)\tthe schedule of the driver's work times and rest times;\nscheduler, for a heavy vehicle, means a person who—\n\t(a)\tschedules the transport of any goods or passengers by the vehicle; or\n\t(b)\tschedules the work times and rest times of the vehicle's driver;\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;\nself‑clearing defect notice means a notice complying with the requirements for a self‑clearing defect notice under section 527;\nself‑employed driver, of a heavy vehicle, means a driver of the vehicle who is not an employed driver of the vehicle;\nsemitrailer means a trailer that has—\n\t(a)\t1 axle group or a single axle towards the rear; and\n\t(b)\ta 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;\nsevere risk breach—\n\t(a)\tfor a mass requirement—has the meaning given by section 100; or\n\t(b)\tfor a dimension requirement—has the meaning given by section 107; or\n\t(c)\tfor a loading requirement—has the meaning given by section 114; or\n\t(d)\tfor a maximum work requirement or minimum rest requirement—has the meaning given by section 222(3);\nsevere risk breach lower limit—\n\t(a)\tfor the purposes of Chapter 4 Part 2 Division 2, has the meaning given by section 97; or\n\t(b)\tfor the purposes of Chapter 4 Part 3 Division 2, has the meaning given by section 104;\nsign of fatigue, for the purposes of Chapter 6, has the meaning given by section 221;\nsingle axle means—\n\t(a)\t1 axle; or\n\t(b)\t2 axles with centres between transverse, parallel, vertical planes spaced less than 1.0m apart;\nsolo driver, for the purposes of Chapter 6, has the meaning given by section 221;\nspeed limit means—\n\t(a)\ta speed limit applying under this Law, the Road Rules or another law; and\n\t(b)\twhen 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—\n\t•\ta speed limit specified in this Law, the Road Rules or other law\n\t•\ta 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).\nstandard hours, for the purposes of Chapter 6, has the meaning given by section 249;\nStandards Australia means Standards Australia Limited ACN 087 326 690, and includes a reference to the Standards Association of Australia as constituted before 1 July 1999;\nstationary rest time has the meaning given by section 221;\nsubstantial risk breach—\n\t(a)\tfor a mass requirement—has the meaning given by section 99; or\n\t(b)\tfor a dimension requirement—has the meaning given by section 106; or\n\t(c)\tfor a loading requirement—has the meaning given by section 113; or\n\t(d)\tfor a maximum work requirement or minimum rest requirement—has the meaning given by section 222(2);\nsubstantial risk breach lower limit—\n\t(a)\tfor the purposes of Chapter 4 Part 2 Division 2, has the meaning given by section 97; or\n\t(b)\tfor the purposes of Chapter 4 Part 3 Division 2, has the meaning given by section 104;\nsuitable rest place, for fatigue‑regulated heavy vehicles, means—\n\t(a)\ta rest area designated for use, and able to be used, by fatigue‑regulated heavy vehicles; or\n\t(b)\ta place at which a fatigue‑regulated heavy vehicle may be safely and lawfully parked;\nsupervisory intervention order has the meaning given by section 600(1);\nsupplementary record, for the purposes of Chapter 6, has the meaning given by section 221;\ntamper—\n\t(a)\twith an emission control system, for the purposes of section 91, has the meaning given by that section; or\n\t(b)\twith a plate or label, for the purposes of section 87A, has the meaning given by that section; or\n\t(c)\twith a speed limiter, for the purposes of section 93, has the meaning given by that section; or\n\t(d)\twith an approved electronic recording system, for the purposes of Chapter 6, has the meaning given by section 334; or\n\t(e)\twith an approved intelligent transport system, for the purposes of Chapter 7, has the meaning given by section 403;\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;\nTCA means Transport Certification Australia Limited ACN 113 379 936;\nTerritory means the Australian Capital Territory or the Northern Territory;\nthe State means the Crown in right of this jurisdiction, and includes—\n\t(a)\tthe Government of this jurisdiction; and\n\t(b)\ta Minister of the Crown in right of this jurisdiction; and\n\t(c)\ta statutory corporation, or other entity, representing the Crown in right of this jurisdiction;\nthird edition ADR means—\n\t(a)\ta national standard under section 7 of the Motor Vehicle Standards Act 1989; or\n\t(b)\ta national road vehicle standard under section 12 of the Road Vehicle Standards Act 2018;\nthird party insurance legislation means—\n\t(a)\tlegislation about compensation for third parties who are injured or killed by the use of motor vehicles or trailers; or\n\t(b)\tlegislation about payment of contributions towards compensation of that kind; or\n\t(c)\tlegislation requiring public liability insurance;\nthis jurisdiction—see the law of each participating jurisdiction for the meaning of this term;\nthis Law means—\n\t(a)\tthis Law as it applies as a law of a participating jurisdiction; or\n\t(b)\ta law of a participating jurisdiction that—\n\t(i)\tsubstantially corresponds to the provisions of this Law; or\n\t(ii)\tis prescribed by the national regulations for the purposes of paragraph (a)(iii) of the definition participating jurisdiction;\nSee also section 11.\ntow truck means—\n\t(a)\ta heavy motor vehicle that is—\n\t(i)\tequipped with a crane, winch, ramp or other lifting device; and\n\t(ii)\tused or intended to be used for the towing of motor vehicles; or\n\t(b)\ta heavy motor vehicle to which is attached, temporarily or otherwise, a trailer or device that is—\n\t(i)\tequipped with a crane, winch, ramp or other lifting device; and\n\t(ii)\tused or intended to be used for the towing of motor vehicles;\ntractor means a motor vehicle used for towing purposes, other than—\n\t(a)\ta motor vehicle designed to carry goods or passengers; or\n\t(b)\ta tow truck;\ntraffic includes vehicular traffic, pedestrian traffic and all other forms of road traffic;\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;\ntransport activities means activities, including business practices and making decisions, associated with the use of a heavy vehicle on a road, including, for example—\n\t(a)\tcontracting, directing or employing a person—\n\t(i)\tto drive the vehicle; or\n\t(ii)\tto carry out another activity associated with the use of the vehicle (such as maintaining or repairing the vehicle); or\n\t(b)\tconsigning goods for transport using the vehicle; or\n\t(c)\tscheduling the transport of goods or passengers using the vehicle; or\n\t(d)\tpacking goods for transport using the vehicle; or\n\t(e)\tmanaging the loading of goods onto or unloading of goods from the vehicle; or\n\t(f)\tloading goods onto or unloading goods from the vehicle; or\n\t(g)\treceiving goods unloaded from the vehicle;\ntransport documentation means each of the following:\n\t(a)\teach contractual document directly or indirectly associated with—\n\t(i)\ta 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\t(ii)\tgoods or passengers, to the extent the document is relevant to the transaction for their actual or proposed road transport;\n\t(b)\teach document—\n\t(i)\tcontemplated in a contractual document mentioned in paragraph (a); or\n\t(ii)\trequired by law, or customarily given, in connection with a contractual document or transaction mentioned in paragraph (a);\n\t•\tbill of lading\n\t•\tconsignment note\n\t•\tcontainer weight declaration\n\t•\tcontract of carriage\n\t•\tdelivery order\n\t•\texport receival advice\n\t•\tinvoice\n\t•\tload manifest\n\t•\tsea carriage document\n\t•\tvendor declaration\ntravel condition has the meaning given by section 154;\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;\ntruck means a rigid motor vehicle built mainly as a load carrying vehicle;\ntwinsteer axle group means a group of 2 axles—\n\t(a)\twith single tyres; and\n\t(b)\tfitted to a motor vehicle; and\n\t(c)\tconnected to the same steering mechanism; and\n\t(d)\tthe horizontal distance between the centre‑lines of which is at least 1m but not more than 2m;\ntwo‑up driving arrangement, for the purposes of Chapter 6, has the meaning given by section 221;\nunattended, for a heavy vehicle, for the purposes of Chapter 9 Part 3 Division 3, has the meaning given by section 515;\nunder, for a law or a provision of a law, includes—\n\t(a)\tby; and\n\t(b)\tfor the purposes of; and\n\t(c)\tin accordance with; and\n\t(d)\twithin the meaning of;\nunincorporated body includes an unincorporated local government authority, but does not include an unincorporated partnership;\nunincorporated local government authority means a local government authority that is not a body corporate;\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—\n\t(a)\tunloads from the vehicle, or any container that is in or part of the vehicle, goods that have been transported by road; or\n\t(b)\tunloads from the vehicle a freight container, whether or not it contains goods, that has been transported by road;\nunregistered heavy vehicle means a heavy vehicle that is not registered;\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;\nuse, a heavy vehicle on a road, includes standing the vehicle on the road;\nvehicle condition has the meaning given by section 154;\nvehicle defect notice means a major defect notice, minor defect notice or self‑clearing defect notice;\nvehicle identifier, for the purposes of Chapter 9 Part 3 Division 6, has the meaning given by section 525;\nvehicle standards exemption means—\n\t(a)\ta vehicle standards exemption (notice); or\n\t(b)\ta vehicle standards exemption (permit);\nvehicle standards exemption (notice) has the meaning given by section 61(2);\nvehicle standards exemption (permit) has the meaning given by section 68(2);\nVIN (vehicle identification number), for a heavy vehicle, means—\n\t(a)\tfor a heavy vehicle built before 1 January 1989 that has an identification plate, the number quoted on the vehicle's identification plate that—\n\t(i)\tuniquely identifies the vehicle and sets it apart from similar vehicles; and\n\t(ii)\tcorresponds to the identification number of the vehicle that is permanently recorded elsewhere on the vehicle; or\n\t(b)\tfor 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—\n\t(i)\tat the time the vehicle was manufactured, in accordance with a third edition ADR; or\n\t(ii)\tby the department of government of the Commonwealth in which the Motor Vehicle Standards Act 1989 was previously administered; or\n\t(c)\totherwise, the unique number assigned to the heavy vehicle—\n\t(i)\tat 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\t(ii)\tby the department of government of the Commonwealth in which the Road Vehicle Standards Act 2018 is administered;\nwork, in relation to a fatigue‑regulated heavy vehicle, has the meaning given by section 221;\nwork and rest change, for the purposes of Chapter 6, has the meaning given by section 221;\nwork and rest hours exemption means—\n\t(a)\ta work and rest hours exemption (notice); or\n\t(b)\ta work and rest hours exemption (permit);\nwork and rest hours exemption (notice) has the meaning given by section 266(2);\nwork and rest hours exemption (permit) has the meaning given by section 273(2);\nwork and rest hours option, for the purposes of Chapter 6, has the meaning given by section 243;\nwork diary, for the purposes of Chapter 6, has the meaning given by section 221;\nwork diary exemption means—\n\t(a)\ta work diary exemption (notice); or\n\t(b)\ta work diary exemption (permit);\nwork diary exemption (notice) has the meaning given by section 357(2);\nwork diary exemption (permit) has the meaning given by section 363(2);\nwork record, for the purposes of Chapter 6, has the meaning given by section 221;\nwork time, for the purposes of Chapter 6, has the meaning given by section 221;\nwritten work diary, for the purposes of Chapter 6, has the meaning given by section 221.\n6—Meaning of heavy vehicle\n\t(1)\tFor the purposes of this Law, a vehicle is a heavy vehicle if it has a GVM or ATM of more than 4.5t.\n\t(2)\tAlso, 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\t(3)\tHowever, rolling stock is not a heavy vehicle for the purposes of this Law.\nrolling stock—\n\t1\tRolling 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","sortOrder":10},{"sectionNumber":"2","sectionType":"section","heading":"A vehicle designed to operate both on and off a railway track is rolling stock when the vehicle is being—","content":"\t2\tA vehicle designed to operate both on and off a railway track is rolling stock when the vehicle is being—\n\t(a)\toperated or moved on a railway track; or\n\t(b)\tmaintained, repaired or modified in relation to the operation or movement of the vehicle on a railway track.\n7—Meaning of fatigue‑regulated heavy vehicle\n\t(1)\tFor the purposes of this Law, a heavy vehicle is a fatigue‑regulated heavy vehicle if it is any of the following:\n\t(a)\ta motor vehicle with a GVM of more than 12t;\n\t(b)\ta combination with a GVM of more than 12t;\n\t(c)\ta fatigue‑regulated bus.\n\t(2)\tHowever, 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:\n\t(a)\ta motor vehicle that—\n\t(i)\tis 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\t(ii)\tis not capable of carrying goods or passengers by road;\nExamples for the purposes of paragraph (a)—\nagricultural machine, backhoe, bulldozer, excavator, forklift, front‑end loader, grader, motor vehicle registered under an Australian road law as a special purpose vehicle (type p)\n\t(b)\ta motorhome.\n\t(3)\tFor 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—\n\t(a)\tif the GVM of the truck or combination with the attached machine or implement is more than 12t; and\n\t(b)\twhether 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.\nExample for the purposes of subsection (3)—\na truck to which a crane or drilling rig is attached\n\t(4)\tFor the purposes of subsection (2)(b), a motorhome—\n\t(a)\tis a rigid or articulated motor vehicle or combination that is built, or has been modified, primarily for residential purposes; and\n\t(b)\tdoes not include a motor vehicle that is merely a motor vehicle constructed with a sleeper berth.\n\t(5)\tFor the purposes of this section, the GVM of a combination is the total of the GVMs of the vehicles in the combination.\n8—Meaning of road and road‑related area\n\t(1)\tFor 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.\nExamples of areas that are roads—\nbridges, cattle grids, culverts, ferries, fords, railway crossings, tunnels or viaducts\n\t(2)\tFor the purposes of this Law, a road‑related area is—\n\t(a)\tan area that divides a road; or\n\t(b)\ta footpath, shared path or nature strip adjacent to a road; or\n\t(c)\ta shoulder of a road; or\n\t(d)\ta 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\t(e)\tan area that is not a road and that is open to, or used by, the public for driving, riding or parking motor vehicles.\n\t(3)\tAlso, 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.\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—\n\t(a)\tincludes any part of the road that is not designed to be used by motor vehicles in travelling along the road; and\n\t(b)\tincludes—\n\t(i)\tfor a kerbed road—any part of the kerb; and\n\t(ii)\tfor 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\t(c)\tdoes not include a bicycle path, footpath or shared path.\n9—Meaning of convicts and convicted of an offence\n\t(1)\tFor 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\t(2)\tFor the purposes of this Law, a person is convicted of an offence if a court convicts the person of the offence.\n10—Interpretation generally\n","sortOrder":11},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"applies in relation to this Law.","content":"Schedule 1 applies in relation to this Law.\n11—References to laws includes references to instruments made under laws\n\t(1)\tIn this Law, a reference (either generally or specifically) to a law or a provision of a law (including this Law) includes a reference to—\n\t(a)\teach instrument (including a regulation) made or in force under the law or provision; and\n\t(b)\teach instrument made or in force under any such instrument.\nlaw means a law of the Commonwealth or a State or Territory.\n12—References to this Law as applied in a participating jurisdiction\nIn this Law, a reference to this Law as applied by an Act of a participating jurisdiction includes a reference to—\n\t(a)\ta law that substantially corresponds to this Law enacted in a participating jurisdiction; and\n\t(b)\ta 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.\n13—References to road\nA reference in this Law to a road includes a reference to a road‑related area, unless a contrary intention appears in this Law.\n14—References to particular ADR versions\nA reference in this Law to an ADR followed by a number is a reference to—\n\t(a)\tif 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\t(b)\totherwise—the ADR of that number referenced in the relevant standard.\n15—References to categories of heavy vehicles\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—\n\t(a)\ta class of heavy vehicles used for a particular task; and\n\t(b)\ta class of heavy vehicles used by particular persons or a particular class of persons; and\n\t(c)\ta class of heavy vehicles with a particular configuration. \nPart 3—Application and operation of Law\n16—Extraterritorial operation of Law\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:\n\t(a)\tthings situated in or outside the territorial limits of this jurisdiction;\n\t(b)\tacts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;\n\t(c)\tthings, 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.\n17—Law binds the State\n\t(1)\tThis Law binds the State.\n\t(2)\tNo criminal liability attaches to the State itself (as distinct from its agents, instrumentalities, officers and employees) under this Law.\n18—Relationship with primary work health and safety laws\n\t(1)\tIf 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\t(1a)\tHowever, 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\t(2)\tEvidence of a relevant contravention of this Law is admissible in any proceeding for an offence against the primary WHS Law.\n\t(3)\tCompliance 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\t(3a)\tIf 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.\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. \nPart 4—Performance based standards\n19—Main purpose of this Part\n\t(1)\tThe 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\t(2)\tIt is intended that authorisations or exemptions can be granted under this Law for PBS vehicles.\n20—Notification to road authority of PBS design approval\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.\n21—Notification by responsible Minister of non-application or restricted application of PBS design approval\n\t(1)\tThe 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—\n\t(a)\tis not to be permitted to operate in this jurisdiction; or\n\t(b)\tis only to be permitted to operate in this jurisdiction subject to stated conditions.\n\t(2)\tA notice under this section cannot be about—\n\t(a)\ta particular person; or\n\t(b)\ta particular heavy vehicle.\n\t(3)\tA 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\t(4)\tOn 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\t(5)\tOn receiving a notice under this section, the Regulator must accordingly impose on the PBS design approval—\n\t(a)\ta condition giving effect to subsection (1)(a); or\n\t(b)\tthe stated conditions referred to in subsection (1)(b).\n22—Application for PBS design approval\n\t(1)\tAn application for a PBS design approval for the design of a type of heavy vehicle may be made to the Regulator.\n\t(2)\tIn assessing the application, the Regulator must have regard to—\n\t(a)\tthe approved guidelines relevant to the grant of PBS design approvals; and\n\t(b)\tany performance based standards and assessment rules prescribed in the national regulations for the purposes of this paragraph; and\n\t(c)\tthe advice of the PBS Review Panel in relation to the application.\n\t(3)\tHaving assessed the application, the Regulator must approve or reject the application.\n\t(4)\tThe Regulator may approve the application subject to any condition the Regulator considers appropriate.\n\t(5)\tThe PBS design approval must state the conditions (if any) to which it is subject under subsection (4) or section 21(5).\n23—Application for PBS vehicle approval\n\t(1)\tAn application for a PBS vehicle approval for a heavy vehicle may be made to the Regulator.\n\t(2)\tIn assessing the application, the Regulator must have regard to—\n\t(a)\tthe approved guidelines relevant to the grant of PBS vehicle approvals; and\n\t(b)\tany vehicle certification rules prescribed in the national regulations for the purposes of this paragraph; and\n\t(c)\tthe advice of the PBS Review Panel in relation to the application.\n\t(3)\tHaving assessed the application, the Regulator must approve or reject the application.\n\t(4)\tThe Regulator may approve the application subject to conditions included in the PBS design approval to which the heavy vehicle is built.\n\t(5)\tThe PBS vehicle approval must state the conditions (if any) to which—\n\t(a)\tthe PBS vehicle approval is subject under subsection (4); and\n\t(b)\tthe relevant PBS design approval is subject under section 21(5).\n\t(5a)\tThe PBS vehicle approval must state the performance level for the approval.\n\t(6)\tA PBS vehicle approval cannot be given for a class 1 heavy vehicle. \n24—Exemption from stated vehicle standards\n\t(1)\tA PBS vehicle approval for a heavy vehicle may provide that the vehicle is exempt from stated vehicle standards.\n\t(2)\tSubsection (1) applies only to vehicle standards of a kind prescribed by the national regulations for the purposes of this section.\nSee section 60(6).\n25—Authorisation of different mass or dimension requirement\n\t(1)\tA 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).\n\t(2)\tA 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).\n25A—Keeping copy of PBS vehicle approval while driving\n\t(1)\tThe driver of a PBS vehicle must keep a copy of the PBS vehicle approval in the driver's possession while driving the PBS vehicle.\n\t(2)\tEach 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.\nrelevant party, for the driver of a PBS vehicle, means—\n26—National regulations\nThe national regulations may provide for—\n\t(a)\tthe 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\t(b)\tthe procedures for cancelling or modifying a PBS design approval or PBS vehicle approval; and\n\t(c)\tperformance based standards, and assessment and certification rules, relating to PBS design approvals or PBS vehicle approvals; and\n\t(d)\tthe appointment, functions and management of persons as PBS assessors and PBS vehicle certifiers.\n","sortOrder":12},{"sectionNumber":"Part 1A","sectionType":"part","heading":"Safety duties","content":"Chapter 1A—Safety duties\nPart 1—Principles\n26A—Principle of shared responsibility\n\t(1)\tThe 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\t(2)\tThe level and nature of a party's responsibility for a transport activity depends on—\n\t(a)\tthe functions the person performs or is required to perform, whether exclusively or occasionally, rather than—\n\t(i)\tthe person's job title; or\n\t(ii)\tthe person's functions described in a written contract; and\n\t(b)\tthe nature of the public risk created by the carrying out of the transport activity; and\n\t(c)\tthe party's capacity to control, eliminate or minimise the risk.\n26B—Principles applying to duties\n\t(1)\tA person may have more than 1 duty because of the functions the person performs or is required to perform.\n\t(2)\tMore 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\t(3)\tIf more than 1 person has a duty for the same matter, each person—\n\t(a)\tretains responsibility for the person's duty in relation to the matter; and\n\t(b)\tmust discharge the person's duty to the extent to which the person—\n\t(i)\thas the capacity to influence and control the matter; or\n\t(ii)\twould have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.\n\t(4)\tA duty under this Law may not be transferred to another person.\nPart 2—Nature of duty\n26C—Primary duty\n\t(1)\tEach 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\t(2)\tWithout limiting subsection (1), each party must, so far as is reasonably practicable—\n\t(a)\teliminate public risks and, to the extent it is not reasonably practicable to eliminate public risks, minimise the public risks; and\n\t(b)\tensure the party's conduct does not directly or indirectly cause or encourage—\n\t(i)\tthe driver of the heavy vehicle to contravene this Law; or\n\t(ii)\tthe driver of the heavy vehicle to exceed a speed limit applying to the driver; or\n\t(iii)\tanother person, including another party in the chain of responsibility, to contravene this Law.\n\t(3)\tFor subsection (2)(b), the party's conduct includes, for example—\n\t(a)\tthe party asking, directing or requiring another person to do, or not do, something; and\n\t(b)\tthe party entering into a contract—\n\t(i)\twith another person for the other person to do, or not do, something; or\n\t(ii)\tthat purports to annul, exclude, restrict or otherwise change the effect of this Law.\n26D—Duty of executive of legal entity\n\t(1)\tIf 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.\n\t(2)\tThe 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\t(2a)\tSubsection (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.\ndue diligence includes taking reasonable steps—\n\t(a)\tto acquire, and keep up to date, knowledge about the safe conduct of transport activities; and\n\t(b)\tto gain an understanding of—\n\t(i)\tthe nature of the legal entity's transport activities; and\n\t(ii)\tthe hazards and risks, including the public risk, associated with those activities; and\n\t(c)\tto ensure the legal entity has, and uses, appropriate resources to eliminate or minimise those hazards and risks; and\n\t(d)\tto ensure the legal entity has, and implements, processes—\n\t(i)\tto eliminate or minimise those hazards and risks; and\n\t(ii)\tfor receiving, considering, and responding in a timely way to, information about those hazards and risks and any incidents; and\n\t(iii)\tfor complying with the legal entity's safety duties; and\n\t(e)\tto verify the resources and processes mentioned in paragraphs (c) and (d) are being provided, used and implemented;\nexecutive, of a legal entity, means—\n\t(a)\tfor a corporation—an executive officer of the corporation; or\n\t(b)\tfor an unincorporated partnership—a partner in the partnership; or\n\t(c)\tfor an unincorporated body—a management member of the body;\nlegal entity means—\n\t(a)\ta corporation; or\n\t(b)\tan unincorporated partnership; or\n\t(c)\tan unincorporated body.\n26E—Prohibited requests and contracts\n\t(1)\tA 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—\n\t(a)\tto exceed a speed limit applying to the driver; or\n\t(b)\tto drive a fatigue‑regulated heavy vehicle while impaired by fatigue; or\n\t(c)\tto drive a fatigue‑regulated heavy vehicle while in breach of the driver's work and rest hours option; or\n\t(d)\tto 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\t(2)\tA 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—\n\t(a)\tto exceed a speed limit applying to the driver; or\n\t(b)\tto drive a fatigue‑regulated heavy vehicle while impaired by fatigue; or\n\t(c)\tto drive a fatigue‑regulated heavy vehicle while in breach of the driver's work and rest hours option; or\n\t(d)\tto 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.\nSee section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.\nPart 3—Failing to comply with duty\n26F—Category 1 offence\n\t(b)\tthe 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\t(c)\tthe person is reckless as to the risk.\n\t(a)\tif an individual commits the offence—$300 000 or 5 years imprisonment or both; or\n\t(b)\tif a corporation commits the offence—$3 000 000.\n\t(2)\tThe prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.\n26G—Category 2 offence\nA person commits an offence if—\n\t(b)\tthe person contravenes the duty; and\n\t(c)\tthe person's contravention exposes an individual, or class of individuals, to a risk of death or serious injury or illness.\n\t(a)\tif an individual commits the offence—$150 000; or\n\t(b)\tif a corporation commits the offence—$1 500 000.\n26H—Category 3 offence\nA person commits an offence if—\n\t(b)\tthe person contravenes the duty.\n\t(a)\tif an individual commits the offence—$50 000; or\n\t(b)\tif a corporation commits the offence—$500 000.\nChapter 3—Vehicle operations—standards and safety\n58—Main purpose of Chapter 3\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.\nPart 2—Compliance with heavy vehicle standards\n59—Heavy vehicle standards\n\t(1)\tThe national regulations may prescribe vehicle standards (heavy vehicle standards) with which heavy vehicles must comply to use roads.\n\t(2)\tWithout limiting subsection (1), the heavy vehicle standards may include requirements applying to—\n\t(a)\theavy vehicles; or\n\t(b)\tcomponents of heavy vehicles, including component vehicles that are not heavy vehicles; or\n\t(c)\tequipment of heavy vehicles.\n\t(3)\tThe national regulations may prescribe exemptions or different requirements for component vehicles that are not heavy vehicles.\n60—Compliance with heavy vehicle standards\n\t(1)\tA 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.\n\t(a)\t$3 000, except as provided in paragraph (b); or\n\t(b)\t$6 000, for contravention of a heavy vehicle standard relating to a speed limiter.\n\t(2)\tSubsection (1) does not apply to—\n\t(a)\ta heavy vehicle that—\n\t(i)\tis 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\nNote for the purposes of subparagraph (i)—\nThe subparagraph does not operate to exempt a person from complying with the requirements of a vehicle defect notice applying to the vehicle. \n\t(ii)\tdoes not have any goods in it; and\n\t(iii)\tis used on a road in a way that does not pose a safety risk; or\n\t(b)\ta heavy vehicle that—\n\t(i)\tis 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\t(ii)\tdoes not have any passengers in it; and\n\t(iii)\tdoes not have any goods in it, unless—\n\t(A)\tit has a quantity of goods that is necessary or appropriate for the conduct of the testing or analysis; and\n\t(B)\twithout limiting subparagraph (iv), there are no reasonable grounds to believe the vehicle laden with those goods poses a significant safety risk; and \n\t(iv)\tis used on a road in a way that does not pose a safety risk.\n\t(3)\tA 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\t(4)\tFor 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—\n\t(a)\tan operations plate that was installed on the vehicle at the time it was registered; or\n\t(b)\ta certificate of approved operations issued for the vehicle and in force at the time the vehicle was registered; or\n\t(c)\ta document obtained by the registration authority under an Australian road law in connection with the registering of the vehicle.\n\t(5)\tSubsection (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\t(6)\tIf 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).\n61—Regulator's power to exempt category of heavy vehicles from compliance with heavy vehicle standard\n\t(1)\tThe 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\t(2)\tAn exemption under subsection (1) is a vehicle standards exemption (notice).\n62—Restriction on grant of vehicle standards exemption (notice)\n\t(1)\tThe Regulator may grant a vehicle standards exemption (notice) for a category of heavy vehicles only if—\n\t(a)\t1 of the following applies:\n\t(i)\tthe 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\t(ii)\tthe 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\t(iii)\tthe 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\t(iv)\tthe 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—\n\t(A)\tregistered under an Australian road law of that jurisdiction and not required to comply with a similar standard at that time; or\n\t(B)\toperating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction;\n\t(v)\tthe category of heavy vehicles consists of heavy vehicles referred to in the national regulations for the purposes of this subparagraph; and\n\t(b)\tthe 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\t(2)\tIn deciding whether to grant a vehicle standards exemption (notice), the Regulator must have regard to the approved guidelines for granting vehicle standards exemptions.\n\t(3)\tThe national regulations may prescribe additional requirements or restrictions regarding the granting of a vehicle standards exemption (notice).\n63—Conditions of vehicle standards exemption (notice)\nA vehicle standards exemption (notice) may be subject to any conditions the Regulator considers appropriate, including, for example—\n\t(a)\tconditions about protecting road infrastructure from damage; and\n\t(b)\ta 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—\n64—Period for which vehicle standards exemption (notice) applies\nA vehicle standards exemption (notice)—\n65—Requirements about Commonwealth Gazette notice\n\t(1)\tA Commonwealth Gazette notice for a vehicle standards exemption (notice) must state the following:\n\t(a)\tthe category of heavy vehicles to which the exemption applies;\n\t(b)\tthe heavy vehicle standard to which the exemption applies;\n66—Amendment or cancellation of vehicle standards exemption (notice)\n\t(1)\tEach of the following is a ground for amending or cancelling a vehicle standards exemption (notice):\n\t(a)\tthe use of heavy vehicles on a road under the exemption has caused, or is likely to cause, a significant safety risk;\n\t(b)\tsince 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\t(2)\tIf 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\t(a)\tstating that the Regulator believes a ground mentioned in subsection (1)(a) or (b) for amending or cancelling the exemption exists; and\n\t(d)\tinviting 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\t(4)\tIf, 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—\n\t(a)\tif 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\n67—Immediate suspension on Regulator's initiative\n\t(1)\tThis 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\t(2)\tThe Regulator may, by public notice, immediately suspend the exemption until the earliest of the following:\n\t(b)\tthe Regulator publishes a notice under section 66(5) and the amendment or cancellation takes effect under section 66(6);\n\t(4)\tThe suspension, and (where relevant) the cancellation of the suspension, takes effect immediately after the Commonwealth Gazette notice is published under subsection (3).\n\t(5)\tThis section applies despite section 66.\n68—Regulator's power to exempt particular heavy vehicle from compliance with heavy vehicle standard\n\t(1)\tThe 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\t(2)\tAn exemption under subsection (1) is a vehicle standards exemption (permit).\n\t(3)\tA vehicle standards exemption (permit) may apply to 1 or more heavy vehicles.\n69—Application for vehicle standards exemption (permit)\n\t(1)\tA person may apply to the Regulator for a vehicle standards exemption (permit).\n\t(3)\tThe 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.\n70—Restriction on grant of vehicle standards exemption (permit)\n\t(1)\tThe Regulator may grant a vehicle standards exemption (permit) for a heavy vehicle only if—\n\t(a)\t1 of the following applies:\n\t(i)\tthe 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\t(ii)\tthe 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\t(iii)\tthe 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—\n\t(A)\tregistered under an Australian road law of that jurisdiction; or\n\t(B)\toperating 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\t(b)\tthe Regulator is satisfied the use of the heavy vehicle on a road under the exemption will not pose a significant safety risk.\n\t(2)\tIn deciding whether to grant a vehicle standards exemption (permit), the Regulator must have regard to the approved guidelines for granting vehicle standards exemptions.\n71—Conditions of vehicle standards exemption (permit)\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.\n72—Period for which vehicle standards exemption (permit) applies\n\t(1)\tA vehicle standards exemption (permit) applies for the period stated in the permit for the exemption.\n\t(2)\tThe period may be less than the period sought by the applicant for the vehicle standards exemption (permit).\n73—Permit for vehicle standards exemption (permit) etc\n\t(1)\tIf the Regulator grants a vehicle standards exemption (permit) to a person, the Regulator must give the person—\n\t(b)\tif 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.\n\t(2)\tA permit for a vehicle standards exemption (permit) must state the following:\n\t(b)\teach heavy vehicle to which the exemption applies, including the registration number of the vehicle if known when the permit is given;\n\t(c)\tthe heavy vehicle standard to which the exemption applies;\n\t(d)\tthe conditions of the exemption;\n\t(e)\tthe period for which the exemption applies.\n74—Refusal of application for vehicle standards exemption (permit)\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.\n75—Amendment or cancellation of vehicle standards exemption (permit) on application by permit holder\n\t(1)\tThe holder of a permit for a vehicle standards exemption (permit) may apply to the Regulator for an amendment or cancellation of the exemption.\n\t(3)\tThe 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\t(c)\tif the Regulator amended the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended.\n76—Amendment or cancellation of vehicle standards exemption (permit) on Regulator's initiative\n\t(1)\tEach of the following is a ground for amending or cancelling a vehicle standards exemption (permit):\n\t(b)\tthe holder of the permit for the exemption has contravened a condition of the exemption;\n\t(c)\tthe use of a heavy vehicle on a road under the exemption has caused, or is likely to cause, a significant safety risk;\n\t(d)\tsince 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\t(2)\tIf 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—\n\t(d)\tif the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and\n\t(e)\tinviting 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\t(3)\tIf, 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—\n\t(a)\tif 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\t(4)\tThe Regulator must give the holder an information notice for the decision to amend or cancel the exemption.\n77—Immediate suspension on Regulator's initiative\n\t(1)\tThis 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\t(2)\tThe 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:\n\t(a)\tthe Regulator gives the person an information notice under section 76(4) and the amendment or cancellation takes effect under section 76(5);\n\t(c)\tthe end of 56 days after the day the immediate suspension notice is given to the person.\n\t(3)\tThis section applies despite sections 75 and 76.\n78—Minor amendment of vehicle standards exemption (permit)\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—\n79—Return of permit\n\t(1)\tIf 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\t(2)\tThe 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.\n\t(3)\tIf the exemption has been amended, the Regulator must give the person a replacement permit for the exemption as amended.\n80—Replacement of defaced etc permit\n\t(1)\tIf 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.\n\t(2)\tIf 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\t(3)\tIf the Regulator decides not to give the person a replacement permit, the Regulator must give the person an information notice for the decision.\n\t(4)\tSubsection (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.\nDivision 4—Operating under vehicle standards exemption\n81—Contravening condition of vehicle standards exemption\n\t(1)\tA person must not contravene a condition of a vehicle standards exemption.\n\t(2)\tA 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.\n\t(3)\tA 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.\n\t(4)\tA person does not commit an offence against this Law in relation to a heavy vehicle contravening a heavy vehicle standard if—\n\t(a)\tthe heavy vehicle is exempt, under a vehicle standards exemption, from compliance with the heavy vehicle standard; and\n\t(b)\tthe heavy vehicle, and its use on a road, complies with the conditions of the exemption.\n\t(5)\tHowever, if a person commits a condition offence in relation to the exemption—\n\t(a)\tthe exemption does not operate in the person's favour while the contravention constituting the offence continues; and\n\t(b)\tthe 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\t(6)\tIf, 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—\n\t(a)\tmay be charged with the condition offence or an offence against the other offence provision; but\n\t(b)\tmust not be charged with both offences.\n\t(7)\tSubsection (1) does not apply to a condition mentioned in section 82(1).\ncondition offence means an offence against subsection (1), (2) or (3).\n82—Keeping relevant document while driving under vehicle standards exemption (notice)\n\t(1)\tThis 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\t(2)\tA driver of the heavy vehicle who is driving the vehicle under the vehicle standards exemption (notice) must comply with the condition.\n\t(3)\tEach 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.\nrelevant document, for a vehicle standards exemption (notice), means a copy of—\nrelevant party, for the driver of a heavy vehicle, means—\n83—Keeping copy of permit while driving under vehicle standards exemption (permit)\n\t(1)\tThe 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.\n\t(2)\tIf 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.\n\t(3)\tEach 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.\nrelevant party, for the driver of a heavy vehicle, means—\nPart 3—Modifying heavy vehicles\n84—Definition for Chapter 3 Part 3\nmodification, of a heavy vehicle, means—\n\t(a)\tthe addition of a component to, or the removal of a component from, the vehicle; or\n\t(b)\ta 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.\n85—Modifying heavy vehicle requires approval\n\t(1)\tA person must not modify a heavy vehicle unless the modification has been approved by—\n\t(a)\tan approved vehicle examiner under section 86; or\n\t(b)\tthe Regulator under section 87.\n\t(2)\tA 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—\n\t(a)\tan approved vehicle examiner under section 86; or\n\t(b)\tthe Regulator under section 87.\n\t(3)\tThis 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\t(4)\tA modification is taken to have been approved by an approved vehicle examiner under section 86 if—\n\t(a)\tthe modification has been authorised under an Australian road law of a non‑participating jurisdiction; and\n\t(b)\ta modification plate or label is fitted or affixed to a conspicuous part of the vehicle; and\n\t(c)\tthe 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.\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.\n86—Approval of modifications by approved vehicle examiners\n\t(1)\tAn 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\t(2)\tIf an approved vehicle examiner approves a modification of a heavy vehicle, the examiner must—\n\t(a)\tgive a certificate approving the modification, in the approved form, to—\n\t(i)\tthe registered operator of the vehicle; or\n\t(ii)\tif there is no registered operator of the vehicle—an owner of the vehicle; and\n\t(b)\tensure a plate or label that complies with subsection (3) is fitted or affixed to a conspicuous part of the vehicle.\n\t(3)\tFor the purposes of subsection (2)(b), a plate or label complies with this subsection if—\n\t(a)\tit is of a type approved by the Regulator; and\n\t(b)\tit is stamped, engraved or marked so as to display information that relates to the modification and that is—\n\t(i)\tapproved by the Regulator; or\n\t(ii)\tprescribed by the national regulations for the purposes of this section.\n87—Approval of modification by Regulator\n\t(1)\tThe Regulator may approve a modification of a heavy vehicle if the Regulator is satisfied—\n\t(a)\tthe use on a road of the modified vehicle will not pose a significant safety risk; and\n\t(b)\tas to either or both of the following (as relevant)—\n\t(i)\tthe modified vehicle will comply with applicable noise and emission standards prescribed by national regulations, except as provided by subparagraph (ii);\n\t(ii)\tthe 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\t(2)\tSubsection (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\t(3)\tIf the Regulator approves a modification of a heavy vehicle, the Regulator must—\n\t(a)\tgive a certificate approving the modification, in the approved form, to—\n\t(i)\tthe registered operator of the vehicle; or\n\t(ii)\tif there is no registered operator of the vehicle—an owner of the vehicle; and\n\t(b)\tensure a plate or label that complies with subsection (4) is fitted or affixed to a conspicuous part of the vehicle.\n\t(4)\tFor the purposes of subsection (3)(b), a plate or label complies with this subsection if—\n\t(a)\tit is of a type approved by the Regulator; and\n\t(b)\tit is stamped, engraved or marked so as to display information that relates to the modification and that is—\n\t(i)\tapproved by the Regulator; or\n\t(ii)\tprescribed by the national regulations for the purposes of this section.\n87A—Person must not tamper with plate or label\n\t(1)\tA person must not tamper with a plate or label fitted or affixed to a heavy vehicle under section 86(2) or 87(3).\n\t(2)\tIn 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.\ntamper means alter, damage, remove or otherwise interfere with.\n88—National regulations for heavy vehicle modification\nThe national regulations may provide for any matter relating to the modification of heavy vehicles.\nPart 4—Other offences\n89—Safety requirement\n\t(1)\tA person must not use, or permit to be used, on a road a heavy vehicle that is unsafe.\n\t(2)\tFor the purposes of subsection (1), a heavy vehicle is unsafe only if the condition of the vehicle, or any of its components or equipment—\n\t(a)\tmakes the use of the vehicle unsafe; or\n\t(b)\tendangers public safety.\n\t(3)\tSubsection (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.\n90—Requirement about properly operating emission control system\n\t(1)\tA 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.\n\t(2)\tA 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.\n\t(3)\tA 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).\n\t(4)\tSubsections (2) and (3) do not apply to a heavy vehicle that—\n\t(a)\tis 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\t(5)\tThe national regulations may prescribe testing standards for relevant emissions from heavy vehicles.\nemission control system means a device or system fitted to a heavy vehicle that reduces the emission of a relevant emission from the vehicle.\n91—Person must not tamper with emission control system fitted to heavy vehicle\n\t(1)\tA person must not tamper with an emission control system fitted to a heavy vehicle.\n\t(2)\tAn 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).\n\t(3)\tSubsection (1) does not apply to—\n\t(a)\tconduct associated with repairing a malfunctioning emission control system or maintaining an emission control system; or\n\t(b)\tan authorised officer when exercising functions under this Law.\n\t(4)\tSubsection (2) does not apply to a heavy vehicle that—\n\t(a)\tis 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\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—\n\t(a)\tthe 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\t(b)\tthe 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.\n92—Display of warning signs required by heavy vehicle standards on vehicles to which the requirement does not apply\n\t(1)\tThis 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\t(2)\tA 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.\nwarning sign means a sign indicating that the vehicle to which it is attached is of a particular type, size or configuration.\nExample of warning sign—\nA sign (consisting of 1 or more parts) showing the words \"LONG VEHICLE\" or \"ROAD TRAIN\". \n93—Person must not tamper with speed limiter fitted to heavy vehicle\n\t(1)\tA 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.\n\t(2)\tA 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).\n\t(3)\tAn 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).\n\t(4)\tSubsections (1) and (2) do not apply to—\n\t(a)\tconduct associated with repairing a malfunctioning speed limiter or maintaining a speed limiter; or\n\t(b)\tan authorised officer when exercising functions under this Law.\n\t(5)\tSubsection (3) does not apply to a heavy vehicle that—\n\t(a)\tis 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\t(6)\tSubsection (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.\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—\n\t(a)\tenables the vehicle to be driven at a speed higher than the speed permitted by an applicable heavy vehicle standard; or\n\t(b)\talters, or may alter, any information recorded by the speed limiter; or\n\t(c)\tresults, or may result, in the speed limiter recording inaccurate information.\nChapter 4—Vehicle operations—mass, dimension and loading\n94—Main purposes of Chapter 4\n\t(1)\tThe main purposes of this Chapter are—\n\t(a)\tto improve public safety by decreasing risks to public safety caused by excessively loaded or excessively large heavy vehicles; and\n\t(b)\tto minimise any adverse impact of excessively loaded or excessively large heavy vehicles on road infrastructure or public amenity.\n\t(2)\tThe purposes are achieved by—\n\t(a)\timposing mass requirements for heavy vehicles, particular components of heavy vehicles, and loads on heavy vehicles; and\n\t(b)\timposing dimension requirements on heavy vehicles including on the vehicles (together with equipment), components or loads; and\n\t(c)\timposing requirements about securing loads on heavy vehicles; and\n\t(d)\trestricting 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\t(3)\tHowever, 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—\n\t(a)\tto allow for—\n\t(i)\tthe efficient road transport of goods or passengers by heavy vehicles; or\n\t(ii)\tthe efficient use of large heavy vehicles that are transporting neither goods nor passengers and need to use roads for special uses; and\n\t(b)\twithout compromising the achievement of the purposes.\nPart 2—Mass requirements\n95—Prescribed mass requirements\n\t(1)\tThe national regulations may prescribe requirements (the prescribed mass requirements) about the following:\n\t(a)\tthe mass of heavy vehicles;\n\t(b)\tthe mass of components of heavy vehicles.\n\t(2)\tWithout limiting subsection (1), the prescribed mass requirements may include the following:\n\t(a)\trequirements about mass limits relating to—\n\t(i)\tthe tare mass of heavy vehicles; or\n\t(ii)\tthe mass of heavy vehicles together with their loads; or\n\t(iii)\tthe mass on tyres, axles or axle groups of heavy vehicles;\n\t(b)\trequirements about mass limits relating to axle spacing;\n\t(c)\tgeneral mass limits applying to heavy vehicles or components of heavy vehicles.\n\t(3)\tAlso, without limiting subsection (1) or (2), the prescribed mass requirements may—\n\t(a)\tinclude mass limits that are to apply only to particular areas or routes; and\n\t(b)\tauthorise or require the Regulator to decide the areas or routes to which the mass limits are to apply.\n\t(4)\tThe 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—\n\t(a)\ta 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\t(b)\ta requirement that drivers of heavy vehicles who are driving the vehicles under particular mass limits must carry particular documents; and\n\t(c)\ta requirement that a particular document or other thing must be displayed on heavy vehicles used under particular mass limits.\ntare mass, of a heavy vehicle, means the mass of the vehicle that—\n\t(a)\tis ready for service; and\n\t(b)\tis fitted with all standard equipment, together with any options that are fitted; and\n\t(c)\tis unoccupied and unladen; and\n\t(d)\thas all fluid reservoirs (other than for fuel) filled to nominal capacity; and\n\t(e)\thas 10 litres of fuel in the fuel reservoir or reservoirs (but excluding any loaded fuel in excess of 10 litres).\n96—Compliance with mass requirements\n\t(1)\tA 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.\n\t(c)\tfor a severe risk breach—$10 000, plus an additional maximum $500 for every additional 1% over a 120% overload (but so that the additional maximum penalty does not exceed $20 000).\n\t(4)\tIf 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\t(5)\tThis 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.\nDivision 2—Categories of breaches of mass requirements\n97—Definitions for Division 2\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:\n\t(a)\ta mass equalling 105% of the maximum mass (rounded up to the nearest 0.1t) permitted for the vehicle under that mass requirement;\n\t(b)\t0.5t.\n98—Minor risk breach\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.\n99—Substantial risk breach\nA contravention of a mass requirement applying to a heavy vehicle is a substantial risk breach if the subject matter of the contravention is—\n\t(a)\tequal to or greater than the substantial risk breach lower limit for the requirement; and\n\t(b)\tless than the severe risk breach lower limit for the requirement.\n100—Severe risk breach\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.\nPart 3—Dimension requirements\n101—Prescribed dimension requirements\n\t(1)\tThe national regulations may prescribe requirements (the prescribed dimension requirements) about the following:\n\t(a)\tthe dimensions of a heavy vehicle (together with its equipment);\n\t(b)\tthe dimensions of a component of a heavy vehicle;\n\t(c)\tthe dimensions of a heavy vehicle's load.\n\t(2)\tWithout limiting subsection (1), the prescribed dimension requirements may include requirements about the following:\n\t(a)\tthe dimensions of a heavy vehicle (together with its equipment) disregarding its load;\n\t(b)\tthe dimensions of a heavy vehicle together with its equipment and load;\n\t(c)\tthe dimensions by which a heavy vehicle's load projects from the vehicle;\n\t(d)\tthe internal measurements of a heavy vehicle, including, for example—\n\t(i)\tthe distance between components of the vehicle; and\n\t(ii)\tfor a combination, the distance between—\n\t(A)\tthe component vehicles of the combination; or\n\t(B)\ta component vehicle of the combination and a component of another component vehicle of the combination.\n\t(3)\tThe 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.\n102—Compliance with dimension requirements\n\t(1)\tA 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.\n\t(a)\tif the heavy vehicle does not have goods or passengers in it—$3 000; or\n\t(b)\tif the heavy vehicle has goods or passengers in it—\n\t(i)\tfor a minor risk breach—$3 000; or\n\t(ii)\tfor a substantial risk breach—$5 000; or\n\t(iii)\tfor a severe risk breach—$10 000.\n\t(4)\tIf 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.\nDivision 2—Categories of breaches of dimension requirements\n103—Application of Division 2\nThis Division applies to a heavy vehicle only while it is carrying goods or passengers.\n104—Definitions for Division 2\nsevere risk breach lower limit means—\n\t(a)\tfor 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\t(b)\tfor 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\t(c)\tfor 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\t(d)\tfor 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—\n\t(a)\tfor 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\t(b)\tfor 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\t(c)\tfor 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\t(d)\tfor 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.\n105—Minor risk breach\nA contravention of a dimension requirement applying to a heavy vehicle is a minor risk breach if—\n\t(a)\tthe dimension requirement relates to the vehicle's ground clearance; or\n\t(b)\tfor 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.\nSee also section 108(2).\n106—Substantial risk breach\n\t(1)\tA contravention of a dimension requirement applying to a heavy vehicle is a substantial risk breach if—\n\t(a)\tthe subject matter of the contravention is—\n\t(i)\tequal to or greater than a substantial risk breach lower limit for the requirement; and\n\t(ii)\tless than the severe risk breach lower limit for the requirement; or\n\t(b)\tthe requirement is a substantial risk breach of a dimension requirement under subsection (2) or (3).\n\t(2)\tA contravention of a dimension requirement applying to a heavy vehicle relating to its length is a substantial risk breach if—\n\t(a)\tthe contravention would only be a minor risk breach of the dimension requirement if this subsection were not enacted; and\n\t(i)\tthe rear of the vehicle's load does not carry a sign or warning device required by the national regulations; or\n\t(ii)\tthe vehicle's load projects in a way that is dangerous to persons or property.\n\t(3)\tA contravention of a dimension requirement applying to a heavy vehicle relating to its width is a substantial risk breach if—\n\t(a)\tthe contravention would only be a minor risk breach of the dimension requirement if this subsection were not enacted; and\n\t(b)\tthe contravention happens—\n\t(i)\tat night; or\n\t(ii)\tin hazardous weather conditions causing reduced visibility.\nSee also section 108(3).\n107—Severe risk breach\n\t(1)\tA contravention of a dimension requirement applying to a heavy vehicle is a severe risk breach if—\n\t(a)\tthe subject matter of the contravention is equal to or greater than the severe risk breach lower limit for the dimension requirement; or\n\t(b)\tthe contravention is a severe risk breach of the dimension requirement under subsection (2) or (3).\n\t(2)\tA contravention of a dimension requirement applying to a heavy vehicle relating to its length is a severe risk breach if—\n\t(a)\tthe 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\t(i)\tthe rear of the vehicle's load does not carry a sign or warning device required by the national regulations; or\n\t(ii)\tthe vehicle's load projects from it in a way that is dangerous to persons or property.\n\t(3)\tA contravention of a dimension requirement applying to a heavy vehicle relating to its width is a severe risk breach if—\n\t(a)\tthe 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\t(i)\tthe contravention happens—\n\t(A)\tat night; or\n\t(B)\tin hazardous weather conditions causing reduced visibility; or\n\t(ii)\tthe vehicle's load projects from it in a way that is dangerous to persons or property.\nDivision 3—Other provisions relating to load projections\n108—Dangerous projections taken to be contravention of dimension requirement\n\t(1)\tThis 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\t(2)\tThe projection of the load is taken to be—\n\t(a)\ta contravention of a dimension requirement; and\n\t(b)\ta minor risk breach of that requirement unless subsection (3) applies.\n\t(3)\tThe projection of the load is taken to be—\n\t(a)\ta contravention of a dimension requirement; and\n\t(b)\ta substantial risk breach of that requirement if the contravention happens—\n\t(i)\tat night; or\n\t(ii)\tin hazardous weather conditions causing reduced visibility.\n109—Warning signals required for rear projection of loads\n\t(a)\ta load projects more than 1.2m behind a heavy vehicle consisting of only a motor vehicle; or\n\t(b)\ta load projects more than 1.2m behind either the towing vehicle or a trailer in a heavy combination; or\n\t(c)\ta load projects from a pole‑type trailer in a heavy combination; or\n\t(d)\ta 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\t(2)\tA person must not use the heavy vehicle, or permit the heavy vehicle to be used, on a road unless—\n\t(a)\tduring 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\t(b)\tat 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.\nPart 4—Loading requirements\n110—National regulations may prescribe loading requirements\n\t(1)\tThe national regulations may prescribe requirements (the loading requirements) about securing a load on a heavy vehicle or a component of a heavy vehicle.\n\t(2)\tWithout 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.\n111—Compliance with loading requirements\n\t(1)\tA 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.\n\t(a)\tfor a minor risk breach—$3 000; or\n\t(b)\tfor a substantial risk breach—$5 000; or\n\t(c)\tfor a severe risk breach—$10 000.\nDivision 2—Categories of breaches of loading requirements\n112—Minor risk breach\nA contravention of a loading requirement applying to a heavy vehicle is a minor risk breach if—\n\t(a)\tthe subject matter of the contravention does not involve a loss or shifting of the load; and\n\t(b)\thad 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—\n\t(i)\tan appreciable safety risk; or\n\t(ii)\tan appreciable risk of—\n\t(A)\tdamage to road infrastructure; or\n\t(B)\tcausing an adverse effect on public amenity.\n113—Substantial risk breach\n\t(1)\tA 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—\n\t(a)\tan appreciable safety risk; or\n\t(b)\tan appreciable risk of—\n\t(i)\tdamage to road infrastructure; or\n\t(ii)\tcausing an adverse effect on public amenity.\n\t(2)\tA contravention of a loading requirement applying to a heavy vehicle is also a substantial risk breach if—\n\t(a)\tthe subject matter of the contravention does not involve a loss or shifting of the load; and\n\t(b)\thad 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—\n\t(i)\tan appreciable safety risk; or\n\t(ii)\tan appreciable risk of—\n\t(A)\tdamage to road infrastructure; or\n\t(B)\tcausing an adverse effect on public amenity.\n114—Severe risk breach\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—\n\t(a)\tan appreciable safety risk; or\n\t(b)\tan appreciable risk of—\n\t(i)\tdamage to road infrastructure; or\n\t(ii)\tcausing an adverse effect on public amenity.\nDivision 3—Evidentiary provision\n115—Proof of contravention of loading requirement\n\t(1)\tIn 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:\n\t(a)\tevidence that the load was not placed, secured or restrained in a way that met a loading performance standard;\n\t(b)\tevidence that a load, or part of a load, has fallen off a heavy vehicle.\n\t(2)\tThe national regulations may prescribe standards (the loading performance standards) for heavy vehicles.\n","sortOrder":13},{"sectionNumber":"Part 5","sectionType":"part","heading":"Exemptions for particular overmass or oversize vehicles","content":"Part 5—Exemptions for particular overmass or oversize vehicles\n116—Class 1 heavy vehicles and class 3 heavy vehicles\n\t(1)\tA 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—\n\t(a)\tit is a special purpose vehicle; or\n\t(b)\tit is an agricultural vehicle other than an agricultural trailer; or\nSee subsection (2) for agricultural trailers.\n\t(c)\tit—\n\t(i)\tis 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\t(ii)\tis not a road train or B‑double, or carrying a freight container designed for multi‑modal transport.\n\t(2)\tAn 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\t(3)\tA heavy vehicle is a class 3 heavy vehicle if—\n\t(a)\tit, together with its load, does not comply with a prescribed mass requirement or prescribed dimension requirement applying to it; and\n\t(b)\tit is not a class 1 heavy vehicle.\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—\n\t(a)\tcannot be divided without extreme effort, expense or risk of damage to it; and\n\t(b)\tcannot 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—\n\t(a)\ta 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\t(b)\ta concrete pump or fire truck.\n117—Regulator's power to exempt category of class 1 or 3 heavy vehicles from compliance with mass or dimension requirement\n\t(1)\tThe 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—\n\t(a)\ta prescribed mass requirement; or\n\t(b)\ta prescribed dimension requirement.\n\t(2)\tAn exemption under subsection (1) is a mass or dimension exemption (notice).\nSee Division 3 of Chapter 4 Part 7 in relation to amendment, suspension or cancellation of a mass or dimension exemption (notice).\n118—Restriction on grant of mass or dimension exemption (notice)\n\t(1)\tThe Regulator may grant a mass or dimension exemption (notice) for a category of heavy vehicles only if—\n\t(a)\tthe 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\t(b)\teach relevant road manager for the exemption has consented to the grant; and\n\t(c)\tthe Regulator is satisfied all other consents required for the exemption under the law of the relevant jurisdiction have been obtained or given.\n\t(2)\tIn 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.\n119—Conditions of mass or dimension exemption (notice)\n\t(1)\tA mass or dimension exemption (notice)—\n\t(a)\tmust include a condition about the areas or routes to which the exemption applies; and\n\t(b)\tis subject to conditions prescribed by the national regulations for the exemption; and\n\t(c)\tmust be subject to the road conditions or travel conditions required for the exemption; and\n\t(d)\tmay be subject to any other conditions the Regulator considers appropriate, including, for example—\n\t(ii)\twithout limiting subparagraph (i), intelligent access program conditions; and\n\t(iii)\ta 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—\n\t(A)\tthe Commonwealth Gazette notice for the exemption; or\n\t(B)\tan information sheet about the exemption published by the Regulator on the Regulator's website.\n\t(2)\tWithout limiting subsection (1)(a), the condition under the subsection about areas or routes may be imposed by—\n\t(a)\tapplying 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\t(b)\treferring to the areas or routes shown on the stated map or stated list.\n\t(3)\tWithout 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\t(4)\tIf the notice applies a stated map or stated list—\n\t(a)\tthe 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—\n\t(i)\tthe areas or routes mentioned in subsection (2)(b); or\n\t(ii)\tthe road conditions or travel conditions mentioned in subsection (3),\nincluding by adding additional areas, routes, road conditions or travel conditions; and\n\t(b)\tthe Regulator must ensure a copy of the stated map or stated list as in force from time to time is—\n\t(i)\tmade available for inspection, without charge, during normal business hours at each office of the Regulator; and\n\t(ii)\tpublished 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). \n\t(5)\tDespite subsection (4)(a), a road authority may only amend a map or list in a way that affects a particular road if—\n\t(a)\tthe road authority is the road manager for the road; or\n\t(b)\tthe 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\t(6)\tWithout limiting the conditions that may be prescribed under subsection (1)(b), the national regulations may—\n\t(a)\tprescribe conditions that are to apply only to particular areas or roads; and\n\t(b)\tauthorise the Regulator to decide the areas or roads to which the conditions are to apply.\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;\ntravel conditions means travel conditions required by the relevant road manager under section 161.\n119A—Process for amending a stated map or stated list\n\t(1)\tThis section applies to the amendment of a stated map or stated list mentioned in section 119.\n\t(2)\tFor the purpose of an amendment by the Regulator only adding an additional area or route to a stated map or stated list—\n\t(a)\tsection 118 applies; and\n\t(b)\tDivision 2 of Chapter 4 Part 7 applies to the extent the Division relates to the grant of a mass or dimension exemption (notice); and\n\t(c)\tDivision 3 of Chapter 4 Part 7 does not apply.\n\t(3)\tFor the purpose of subsection (2), section 118 and Division 2 of Chapter 4 Part 7 apply as if—\n\t(a)\ta 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\t(b)\ta 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\t(4)\tFor 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 Chapter 4 Part 7 do not apply.\n\t(5)\tFor the purpose of an amendment by the Regulator or a relevant road authority if subsections (2) to (4) do not apply, Division 3 of Chapter 4 Part 7 applies to the extent the Division relates to the amendment of a mass or dimension exemption (notice).\n\t(6)\tFor subsection (5), Division 3 of Chapter 4 Part 7 applies as if—\n\t(a)\ta 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\t(b)\ta 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\t(c)\ta 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.\n120—Period for which mass or dimension exemption (notice) applies\nA mass or dimension exemption (notice)—\n121—Requirements about Commonwealth Gazette notice\n\t(1)\tA Commonwealth Gazette notice for a mass or dimension exemption (notice) must state the following:\n\t(a)\tthe category of heavy vehicles to which the exemption applies;\n\t(b)\tthe mass requirement or dimension requirement to which the exemption applies;\n\t(c)\tthe areas or routes to which the exemption applies;\n\t(d)\tthe conditions mentioned in section 119(1)(b), including, for example, by referencing the relevant provision of the national regulations;\n\t(e)\tthe road conditions or travel conditions required by a relevant road manager for the exemption under section 160 or 161;\n\t(f)\tthe other conditions of the exemption;\n\t(g)\tthe period for which the exemption applies.\n122—Regulator's power to exempt particular class 1 or class 3 heavy vehicle from compliance with mass or dimension requirement\n\t(1)\tThe Regulator may, by giving a person a permit as mentioned in section 127, exempt, for a period of not more than 3 years—\n\t(a)\ta class 1 heavy vehicle or class 3 heavy vehicle from compliance with—\n\t(i)\ta prescribed mass requirement; or\n\t(ii)\ta prescribed dimension requirement; or\n\t(b)\ta class 1 heavy vehicle or class 3 heavy vehicle from a requirement relating to the GCM of the vehicle, if subsection (2) applies.\n\t(2)\tThe 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\t(3)\tAn exemption under subsection (1) is a mass or dimension exemption (permit).\n\t(4)\tA mass or dimension exemption (permit) may apply to 1 or more heavy vehicles.\nSee Division 4 of Chapter 4 Part 7 in relation to amendment, suspension or cancellation of a mass or dimension exemption (permit).\n123—Application for mass or dimension exemption (permit)\n\t(1)\tA person may apply to the Regulator for a mass or dimension exemption (permit).\n\t(3)\tThe 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.\n124—Restriction on grant of mass or dimension exemption (permit)\n\t(1)\tThe Regulator may grant a mass or dimension exemption (permit) for a heavy vehicle only if—\n\t(a)\tthe 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\t(b)\teach relevant road manager for the exemption has consented to the grant; and\n\t(c)\tthe 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\t(2)\tIn 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.\n125—Conditions of mass or dimension exemption (permit)\n\t(1)\tA mass or dimension exemption (permit)—\n\t(a)\tmust include a condition about the areas or routes to which the exemption applies; and\n\t(b)\tis subject to conditions prescribed by the national regulations for the exemption; and\n\t(c)\tmust 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\t(d)\tmay be subject to any other conditions the Regulator considers appropriate, including, for example—\n\t(ii)\twithout limiting subparagraph (i), intelligent access program conditions.\n\t(2)\tWithout limiting the conditions that may be prescribed under subsection (1)(b), the national regulations may—\n\t(a)\tprescribe conditions that are to apply only to particular areas or roads; and\n\t(b)\tauthorise the Regulator to decide the areas or roads to which the conditions are to apply.\n126—Period for which mass or dimension exemption (permit) applies\n\t(1)\tA mass or dimension exemption (permit) applies for the period stated in the permit for the exemption.\n\t(2)\tThe period may be less than the period sought by the applicant for the mass or dimension exemption (permit).\n127—Permit for mass or dimension exemption (permit) etc\n\t(1)\tIf the Regulator grants a mass or dimension exemption (permit) to a person, the Regulator must give the person—\n\t(b)\ta notice stating the review and appeal information for any of the following decisions that is a reviewable decision—\n\t(i)\tthe Regulator's decision to grant the exemption for a period or impose a condition on the exemption;\n\t(ii)\ta 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.\n\t(2)\tA permit for a mass or dimension exemption (permit) must state the following:\n\t(b)\ta description of each heavy vehicle to which the exemption applies, including the registration number of the vehicle if it is registered;\n\t(c)\tthe mass requirement or dimension requirement to which the exemption applies;\n\t(d)\tthe areas or routes to which the exemption applies;\n\t(e)\tthe conditions mentioned in section 125(1)(b), including, for example, by referencing the relevant provision of the national regulations;\n\t(f)\tthe road conditions or travel conditions required by a relevant road manager for the exemption under section 160 or 161;\n\t(g)\tthe other conditions of the exemption;\n\t(h)\tthe period for which the exemption applies.\n128—Refusal of application for mass or dimension exemption (permit)\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).\nDivision 4—Operating under mass or dimension exemption\n129—Contravening condition of mass or dimension exemption generally\n\t(1)\tThe 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.\n\t(2)\tA 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.\n\t(3)\tA 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.\n\t(4)\tA person does not commit an offence against this Law in relation to a heavy vehicle contravening a mass requirement or dimension requirement if—\n\t(a)\tthe vehicle is exempt, under a mass or dimension exemption, from compliance with the mass requirement or dimension requirement; and\n\t(b)\tthe vehicle, and its use on a road, complies with the conditions of the exemption.\n\t(5)\tHowever, if a person commits a condition offence—\n\t(a)\tthe exemption does not operate in the person's favour while the contravention constituting the offence continues; and\n\t(b)\tthe exemption must be disregarded in deciding—\n\t(i)\twhether 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\t(ii)\tthe risk category for the contravention.\n\t(6)\tIf, 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—\n\t(a)\tmay be charged with the condition offence or an offence against the other offence provision; but\n\t(b)\tmust not be charged with both offences.\n\t(7)\tSubsection (1) does not apply to a condition mentioned in section 132(1).\ncondition offence means an offence against subsection (1), (2) or (3).\n130—Contravening condition of mass or dimension exemption relating to pilot or escort vehicle\n\t(1)\tThis 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\t(2)\tThe 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.\n\t(3)\tThe 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).\n131—Using pilot vehicle with a heavy vehicle that contravenes certain conditions of mass or dimension exemption\n\t(1)\tThe 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—\n\t(a)\ttravels on a route not allowed under the exemption; or\n\t(b)\ttravels at a time other than a time allowed under the exemption; or\n\t(c)\tis accompanied by fewer than the number of pilot or escort vehicles required under the exemption.\n\t(2)\tIf 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.\n132—Keeping relevant document while driving under mass or dimension exemption (notice)\n\t(1)\tThis 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\t(2)\tA 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.\n\t(3)\tEach 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.\nrelevant document, for a mass or dimension exemption (notice), means a copy of—\nrelevant party, for the driver of a class 1 heavy vehicle or class 3 heavy vehicle, means—\n133—Keeping copy of permit while driving under mass or dimension exemption (permit)\n\t(1)\tThe 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.\n\t(2)\tIf 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.\n\t(3)\tEach 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.\nrelevant party, for the driver of a class 1 heavy vehicle or class 3 heavy vehicle, means—\nDivision 5—Other provision\n134—Displaying warning signs on vehicles if not required by dimension exemption\n\t(1)\tA heavy vehicle warning sign must not be displayed on a heavy vehicle unless it is being used under a dimension exemption.\n\t(2)\tA 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.\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.\n","sortOrder":14},{"sectionNumber":"Part 6","sectionType":"part","heading":"Restricting access to roads by large vehicles that are not overmass or oversize vehicles","content":"Part 6—Restricting access to roads by large vehicles that are not overmass or oversize vehicles\n135—Main purpose of Part 6\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—\n\t(a)\tendanger public safety; or\n\t(b)\tdamage road infrastructure; or\n\t(c)\tadversely affect public amenity.\n136—Class 2 heavy vehicles\n\t(1)\tA heavy vehicle is a class 2 heavy vehicle if—\n\t(a)\tit—\n\t(i)\tcomplies with the prescribed mass requirements and prescribed dimension requirements applying to it; and\n\t(ii)\tis—\n\t(A)\ta B‑double; or\n\t(B)\ta road train; or\n\t(C)\ta bus, other than an articulated bus, that is longer than 12.5m; or\n\t(D)\ta 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\t(E)\ta motor vehicle, or a combination, that is higher than 4.3m and is built to carry cattle, sheep, pigs or horses; or\n\t(b)\tit is a PBS vehicle other than a specified PBS vehicle.\nspecified PBS vehicle means a PBS vehicle that—\n\t(a)\tis not a bus; and\n\t(b)\tis not longer than 20m; and\n\t(c)\tis the subject of a current PBS vehicle approval at performance level 1; and\n\t(d)\tcomplies with the PBS vehicle approval; and\n\t(e)\tcomplies 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.\nDivision 2—Restriction\n137—Using class 2 heavy vehicle\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.\nDivision 3—Authorisation by Commonwealth Gazette notice\n138—Regulator's power to authorise use of all or stated categories of class 2 heavy vehicles\n\t(1)\tThe 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:\n\t(a)\tin stated areas or on stated routes;\n\t(b)\tduring stated hours of stated days;\n\t(c)\tin 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\t(2)\tAn authorisation under subsection (1) is a class 2 heavy vehicle authorisation (notice).\nSee Division 3 of Chapter 4 Part 7 in relation to amendment, suspension or cancellation of a class 2 heavy vehicle authorisation (notice).\n139—Restriction on grant of class 2 heavy vehicle authorisation (notice)\n\t(1)\tThe Regulator may grant a class 2 heavy vehicle authorisation (notice) only if—\n\t(a)\tthe 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\t(b)\teach relevant road manager for the authorisation has consented to the grant; and\n\t(c)\tthe Regulator is satisfied all other consents required for the authorisation under the law of the relevant jurisdiction have been obtained or given.\n\t(2)\tIn 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.\n140—Conditions of class 2 heavy vehicle authorisations (notice)\nA class 2 heavy vehicle authorisation (notice)—\n\t(a)\tmust 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.\n\t(b)\tmay 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—\n\t(i)\tthe Commonwealth Gazette notice for the authorisation; or\n\t(ii)\tan information sheet about the authorisation published by the Regulator on the Regulator's website.\n141—Period for which class 2 heavy vehicle authorisation (notice) applies\nA class 2 heavy vehicle authorisation (notice)—\n\t(i)\twhen the Commonwealth Gazette notice for the authorisation is published; or\n142—Requirements about Commonwealth Gazette notice etc\n\t(1)\tA Commonwealth Gazette notice for a class 2 heavy vehicle authorisation (notice) must state the following:\n\t(a)\tthat 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\t(b)\tthe areas or routes to which the authorisation applies;\n\t(c)\tthe days and hours to which the authorisation applies;\n\t(d)\tany conditions applying to class 2 heavy vehicles being used on a road under the authorisation;\n\t(e)\tthe period for which the authorisation applies.\n\t(2)\tWithout limiting subsection (1)(b), the notice may state the areas or routes under the subsection by—\n\t(a)\tapplying 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\t(b)\treferring to the areas or routes shown on the stated map or list. \n\t(3)\tWithout 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\t(4)\tThe Regulator must publish a copy of the notice on the Regulator's website.\n\t(5)\tIf the notice applies a stated map or stated list—\n\t(a)\tthe 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—\n\t(i)\tthe areas or routes mentioned in subsection (2)(b); or\n\t(ii)\tthe road conditions or travel conditions mentioned in subsection (3),\nincluding by adding additional areas, routes, road conditions or travel conditions; and\n\t(b)\tthe Regulator must ensure a copy of the stated map or stated list as in force from time to time is—\n\t(i)\tmade available for inspection, without charge, during normal business hours at each office of the Regulator; and\n\t(ii)\tpublished 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).\n\t(6)\tDespite subsection (5)(a), a road authority may only amend a map or list in a way that affects a particular road if—\n\t(a)\tthe road authority is the road manager for the road; or\n\t(b)\tthe 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.\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;\ntravel conditions means travel conditions required by the relevant road manager under section 161.\n142A—Process for amending stated map or stated list\n\t(1)\tThis section applies to the amendment of a stated map or stated list mentioned in section 142.\n\t(2)\tFor the purpose of an amendment by the Regulator only adding an additional area or route to a stated map or stated list—\n\t(a)\tsection 139 applies; and\n\t(b)\tDivision 2 of Chapter 4 Part 7 applies to the extent the Division relates to the grant of a class 2 heavy vehicle authorisation (notice); and\n\t(c)\tDivision 3 of Chapter 4 Part 7 does not apply.\n\t(3)\tFor the purpose of subsection (2), section 139 and Division 2 of Chapter 4 Part 7 apply as if—\n\t(a)\ta 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\t(b)\ta 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\t(4)\tFor 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 Chapter 4 Part 7 do not apply.\n\t(5)\tFor the purpose of an amendment by the Regulator or a relevant road authority if subsections (2) to (4) do not apply, Division 3 of Chapter 4 Part 7 applies to the extent the Division relates to the amendment of a class 2 heavy vehicle authorisation (notice).\n\t(6)\tFor the purpose of subsection (5), Division 3 of Chapter 4 Part 7 applies as if—\n\t(a)\ta 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\t(b)\ta 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\t(c)\ta 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.\nDivision 4—Authorisation by permit\n143—Regulator's power to authorise use of a particular class 2 heavy vehicle\n\t(1)\tThe 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—\n\t(a)\tin stated areas or on stated routes; and\n\t(b)\tduring stated hours of stated days.\n\t(2)\tAn authorisation under subsection (1) is a class 2 heavy vehicle authorisation (permit).\n\t(3)\tA class 2 heavy vehicle authorisation (permit) may apply to 1 or more heavy vehicles.\nSee Division 4 of Chapter 4 Part 7 in relation to amendment, suspension or cancellation of a class 2 heavy vehicle authorisation (permit).\n144—Application for class 2 heavy vehicle authorisation (permit)\n\t(1)\tA person may apply to the Regulator for a class 2 heavy vehicle authorisation (permit).\n\t(3)\tThe 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.\n145—Restriction on grant of class 2 heavy vehicle authorisation (permit)\n\t(1)\tThe Regulator may grant a class 2 heavy vehicle authorisation (permit) for a class 2 heavy vehicle only if—\n\t(a)\tthe 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\t(b)\teach relevant road manager for the authorisation has consented to the grant; and\n\t(c)\tthe 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\t(2)\tIn 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.\n146—Conditions of a class 2 heavy vehicle authorisation (permit)\nA class 2 heavy vehicle authorisation (permit)—\n\t(a)\tmust 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\t(ii)\twithout limiting subparagraph (i), intelligent access program conditions.\n147—Period for which class 2 heavy vehicle authorisation (permit) applies\n\t(1)\tA class 2 heavy vehicle authorisation (permit) applies for the period stated in the permit for the authorisation.\n\t(2)\tThe period may be less than the period sought by the applicant for the class 2 heavy vehicle authorisation (permit).\n148—Permit for class 2 heavy vehicle authorisation (permit) etc\n\t(1)\tIf the Regulator grants a class 2 heavy vehicle authorisation (permit) to a person, the Regulator must give the person—\n\t(a)\ta permit for the authorisation; and\n\t(b)\ta notice stating the review and appeal information for any of the following decisions that is a reviewable decision—\n\t(i)\tthe Regulator's decision to grant the authorisation for a period or impose a condition on the authorisation;\n\t(ii)\ta 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.\n\t(2)\tA permit for a class 2 heavy vehicle authorisation (permit) must state the following:\n\t(a)\tthe name and address of the person to whom the permit is given;\n\t(b)\tif the authorisation applies to particular categories of class 2 heavy vehicles, the categories of heavy vehicles to which the authorisation applies;\n\t(c)\tthe areas or routes to which the authorisation applies;\n\t(d)\tthe days and hours to which the authorisation applies;\n\t(e)\tthe road conditions or travel conditions required by a relevant road manager for the authorisation under section 160 or 161;\n\t(f)\tany other conditions applying to a class 2 heavy vehicle being used on a road under the authorisation;\n\t(g)\tthe period for which the authorisation applies.\n149—Refusal of application for class 2 heavy vehicle authorisation (permit)\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).\nDivision 5—Operating under class 2 heavy vehicle authorisation\n150—Contravening condition of class 2 heavy vehicle authorisation\n\t(1)\tThe 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.\n\t(2)\tSubsection (1) does not apply to a condition mentioned in section 151(1).\n151—Keeping relevant document while driving under class 2 heavy vehicle authorisation (notice)\n\t(1)\tThis 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\t(2)\tA 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.\n\t(3)\tEach 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.\nrelevant document, for a class 2 heavy vehicle authorisation (notice), means a copy of—\n\t(a)\tthe Commonwealth Gazette notice for the authorisation; or\n\t(b)\tan 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—\n152—Keeping copy of permit while driving under class 2 heavy vehicle authorisation (permit)\n\t(1)\tThe 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.\n\t(2)\tIf 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.\n\t(3)\tEach 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.\nrelevant party, for the driver of a class 2 heavy vehicle, means—\n","sortOrder":15},{"sectionNumber":"Part 6A","sectionType":"part","heading":"Restricted access vehicles","content":"Part 6A—Restricted access vehicles\n153A—Using restricted access vehicle\n\t(1)\tA 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.\nrestricted access vehicle means a heavy vehicle that (together with its load) is—\n\t(a)\thigher than 4.3m; or\n\t(b)\twider than 2.5m; or\n\t(c)\tlonger than—\n\t(i)\tif a single vehicle other than an articulated bus—12.5m; or\n\t(ii)\tif an articulated bus—18m; or\n\t(iii)\tif 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—\n\t(a)\tis not a PBS vehicle; and\n\t(b)\thas an air suspension system with effective dampers fitted; and\n\t(c)\thas a deck height not higher than 1.2m for at least 50% of its deck length; and\n\t(d)\tif in a combination—the combination—\n\t(i)\tconsists only of—\n\t(A)\ta prime mover towing a single semitrailer attached to the prime mover by a fifth wheel coupling; or\n\t(B)\ta B‑double; or\n\t(C)\ta B‑triple; and\n\t(ii)\thas 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 section 137).\n\t(3)\tThis section does not apply to—\n\t(a)\ta class 2 heavy vehicle; or\n\t(b)\ta specified PBS vehicle as defined in section 136(2); or\nAll other PBS vehicles are class 2 heavy vehicles (see section 136).\n\t(c)\ta specified semitrailer; or\n\t(d)\ta safer freight vehicle; or\n\t(e)\ta combination that—\n\t(i)\tincludes a safer freight vehicle, together with its load, that is the only component vehicle wider than 2.5m; and\n\t(ii)\tis not higher than 4.3m; and\n\t(iii)\tis not longer than 19m.\n","sortOrder":16},{"sectionNumber":"Part 7","sectionType":"part","heading":"Particular provisions about mass or dimension authorities","content":"Part 7—Particular provisions about mass or dimension authorities\n154—Definitions for Chapter 4 Part 7\nroad condition—\n\t(a)\tmeans a condition directed at—\n\t(i)\tprotecting road infrastructure; or\n\t(ii)\tpreventing 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\t(iii)\tpreventing or minimising significant risks to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions; but\n\t(b)\tdoes 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);\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:\n\t(a)\tstated days or hours (or both);\n\t(b)\ttravel in a stated direction;\nvehicle condition means a condition directed at ensuring a vehicle can operate safely on roads.\nDivision 2—Obtaining consent of relevant road managers\n155—Application of Division 2\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.\n156—Period within which road manager must decide\n\t(1)\tIf 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—\n\t(a)\twithin—\n\t(i)\t28 days after the request is made, unless subparagraph (ii) applies; or\n\t(ii)\tif 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\t(b)\twithin 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.\n\t(2)\tThe road manager may ask for, and the Regulator may agree to, a longer period under subsection (1)(b) only if—\n\t(a)\tconsultation 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\t(b)\tthe road manager considers a route assessment is necessary for deciding whether to give or not to give the consent; or\n\t(c)\tthe 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\t(3)\tIf 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—\n\t(a)\tidentifying the road manager concerned; and\n\t(b)\tindicating the ground on which the road manager asked for a longer period.\n156A—Deciding request for consent generally\n\t(1)\tIf 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—\n\t(a)\tthe mass or dimension authority will, or is likely to—\n\t(i)\tcause damage to road infrastructure; or\n\t(ii)\timpose adverse effects on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or\n\t(iii)\tpose significant risks to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions; and\n\t(b)\tit is not possible to grant the authority subject to road conditions or travel conditions that will avoid, or significantly minimise—\n\t(i)\tthe damage or likely damage; or\n\t(ii)\tthe adverse effects or likely adverse effects; or\n\t(iii)\tthe significant risks or likely significant risks.\n\t(2)\tIf 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\t(3)\tAlso, in deciding whether or not to give the consent, the road manager must have regard to—\n\t(a)\tfor a mass or dimension exemption—the approved guidelines for granting mass or dimension exemptions; or\n\t(b)\tfor a class 2 heavy vehicle authorisation—the approved guidelines for granting class 2 heavy vehicle authorisations.\n\t(4)\tIf 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.\n157—Obtaining third party's approval for giving consent for permit\n\t(a)\ta person (the applicant) applies for a mass or dimension exemption (permit) or class 2 heavy vehicle authorisation (permit); and\n\t(b)\tconsultation with another entity is required under a law.\n\t(2)\tThe Regulator must—\n\t(a)\tnotify the applicant that consultation is required; and\n\t(b)\tnotify the road manager that the applicant has been notified of the requirement.\n\t(3)\tThe Regulator must, as far as practicable, give the notifications under subsection (2) concurrently with asking the road manager for the consent.\n158—Action pending consultation with third party\n\t(a)\tconsultation with another entity is required under a law; and\n\t(b)\tthe 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\t(2)\tIf 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\t(3)\tIf 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—\n\t(a)\tthe consultation is completed; and\n\t(b)\tif the other entity's approval is required, the other entity gives its approval.\n\t(4)\tIf—\n\t(a)\tthe consultation with the other entity is completed and the other entity's approval is required; and\n\t(b)\tthe road manager has not yet decided to give or not to give the consent,\nthe road manager may—\n\t(c)\tdecide not to give the consent, on the ground that the consent would be inoperative; or\n\t(d)\tdecide to give the consent, but the consent is inoperative without the other entity's approval.\n\t(5)\tThe Regulator must not grant a mass or dimension authority if—\n\t(a)\tconsultation is required under a law with another entity; and\n\t(b)\tthe other entity's approval is required; and\n\t(c)\tthe other entity has declined to give its approval.\n159—Deciding request for consent if route assessment required\n\t(a)\ta person (the applicant) applies for a mass or dimension exemption (permit) or class 2 heavy vehicle authorisation (permit); and\n\t(b)\tthe Regulator asks a road manager for a road for the road manager's consent to the grant of the exemption or authorisation; and\n\t(c)\tthe road manager considers a route assessment is necessary for deciding whether to give or not to give the consent.\n\t(2)\tThe road manager may notify the Regulator of the following:\n\t(a)\tthat a route assessment is required for the road manager deciding whether to give or not to give the consent;\n\t(b)\tthe fee payable (if any) for the route assessment under a law of the jurisdiction in which the road is situated.\n\t(3)\tThe Regulator must notify the applicant of the following:\n\t(a)\tthat a route assessment is required for the road manager deciding whether to give or not to give the consent;\n\t(b)\tthe fee payable (if any) for the route assessment under a law of the jurisdiction in which the road is situated;\n\t(c)\tif 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\t(d)\tif, 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\t(4)\tIf a fee is payable for the route assessment under a law of the jurisdiction in which the road is situated—\n\t(a)\tthe road manager may stop considering whether to give or not to give the consent until the fee is paid; and\n\t(b)\tthe 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\t(5)\tIf 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.\n160—Imposition of road conditions\n\t(1)\tA relevant road manager for a mass or dimension authority may consent to the grant of the authority subject to—\n\t(a)\texcept 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\t(b)\tin 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\t(2)\tIf 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)—\n\t(a)\tthe 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\t(b)\tthe Regulator must impose the stated road condition on the authority.\n\t(3)\tIf 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\t(4)\tThe 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.\n161—Imposition of travel conditions\n\t(1)\tA 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\t(2)\tIf a relevant road manager for a mass or dimension authority consents to the grant of the authority as mentioned in subsection (1)—\n\t(a)\tthe 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\t(b)\tthe Regulator must impose the stated travel condition on the authority.\n162—Imposition of vehicle conditions\n\t(1)\tA 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\t(2)\tIf a relevant road manager for a mass or dimension authority makes a request as mentioned in subsection (1), the Regulator must—\n\t(a)\tconsider the request and decide—\n\t(i)\tto impose the stated vehicle condition on the authority (with or without modification); or\n\t(ii)\tnot to impose the stated vehicle condition on the authority; and\n\t(b)\tnotify the relevant road manager of the decision under paragraph (a).\n163—Obtaining consent of road authority if particular road manager refuses to give consent\n\t(1)\tThis section applies if a relevant road manager for a mass or dimension authority—\n\t(a)\tis a public authority other than a road authority; and\n\t(i)\tdecides not to consent to the grant of the mass or dimension authority; or\n\t(ii)\tconsents 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—\n\t(A)\tdamage, or likely damage, to road infrastructure; or\n\t(B)\tadverse 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\t(C)\tsignificant risks, or likely significant risks, to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.\n\t(2)\tThe Regulator may ask the relevant road authority to consent to the grant.\n\t(3)\tIf 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—\n\t(a)\twithin 3 months of the request; or\n\t(b)\twithin a longer period, of not more than 6 months, agreed to by the Regulator.\n\t(4)\tIf 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—\n\t(a)\tthe decision of the relevant road manager has no effect for the purposes of this Law; and\n\t(b)\tto 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.\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.\n166—Information notice for decision to refuse application because road manager did not give consent\n\t(1)\tThis 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\t(2)\tThe 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:\n\t(a)\tthat the road manager has refused to consent to the mass or dimension authority;\n\t(b)\ta written statement that explains the road manager's decision to refuse to give the consent and complies with section 172;\n\t(c)\tthe review and appeal information for the road manager's decision to refuse to give the consent.\n167—Expedited procedure for road manager's consent for renewal of mass or dimension authority\n\t(a)\tthe relevant road manager has previously consented to a grant of a mass or dimension authority (the previous authority); and\n\t(b)\tthe 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\t(c)\tthe Regulator proposes to impose the same conditions on the proposed replacement authority as applied to the previous authority; and\n\t(d)\tthe 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\t(2)\tHowever, this section does not apply, or ceases to apply, if—\n\t(a)\tthere are differences between the terms of the previous authority and the terms of the proposed replacement authority, including, for example—\n\t(i)\tdifferences relating to the description of the type of heavy vehicle covered by the proposed replacement authority; and\n\t(ii)\tadditional, deleted or varied conditions; and\n\t(iii)\tthe inclusion of additional areas or routes; or\n\t(b)\tthe 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—\n\t(i)\t14 days after the request for consent is made; or\n\t(ii)\t28 days after the request for consent is made if the road manager seeks the extension of time within the initial 14 days; or\n\t(c)\tthe Regulator gives the relevant road manager a notice that the Regulator withdraws the proposed replacement authority from the expedited procedure; or\n\t(d)\ta 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\t(3)\tThe 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.\n168—Operation of section 167\n\t(1)\tSections 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\t(2)\tThose sections apply to the request for consent if section 167 does not apply or ceases to apply, as referred to in section 167(2).\n169—Granting limited consent for trial purposes\n\t(1)\tA 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\t(2)\tThe trial period determines the maximum period for which the mass or dimension authority applies.\n\t(3)\tIf 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.\n170—Renewal of limited consent for trial purposes\n\t(1)\tThe 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\t(2)\tThe notification must be given at least one month before the end of the current trial period.\n\t(3)\tThe 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\t(4)\tThe mass or dimension authority is renewable for one or more further trial periods.\n171—Period for which mass or dimension authority applies where limited consent\n\t(1)\tThis section applies where a mass or dimension exemption is granted under section 169 or 170.\n\t(2)\tIn 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\t(3)\tIn 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.\n172—Requirements for statement explaining adverse decision of road manager\n\t(1)\tThis section applies to a written statement explaining a decision of a relevant road manager under this Division—\n\t(a)\tnot to give consent to the grant of a mass or dimension authority (as referred to in section 156A); or\n\t(b)\tto consent to the grant of a mass or dimension authority on the condition that—\n\t(i)\ta road condition is imposed on the authority (as referred to in section 160); or\n\t(ii)\ta travel condition is imposed on the authority (as referred to in section 161).\n\t(2)\tThe 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.\nDivision 3—Amendment, cancellation or suspension of mass or dimension authority granted by Commonwealth Gazette notice\n173—Amendment or cancellation on Regulator's initiative\n\t(1)\tIt 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\t(2)\tIf 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\t(a)\tstating that the Regulator believes a ground exists to amend or cancel the authority; and\n\t(d)\tinviting 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\t(4)\tIf, 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—\n\t(a)\tif 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—\n\t(iii)\timposing additional vehicle conditions on the authority; or\n\t(b)\tif the proposed action was to cancel the mass or dimension authority—\n\t(i)\tamend the authority, including, for example, as mentioned in paragraph (a)(i), (ii) or (iii); or\n\t(ii)\tcancel the authority.\n174—Amendment or cancellation on request by relevant road manager\n\t(1)\tThis 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—\n\t(a)\thas caused, or is likely to cause, damage to road infrastructure; or\n\t(b)\thas 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\t(c)\thas 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\t(2)\tThe road manager may ask the Regulator to—\n\t(a)\tamend the mass or dimension authority by—\n\t(ia)\tamending the category of vehicle to which the authority applies; or\n\t(ib)\tamending the type of load that may be carried by vehicles to which the authority applies; or\n\t(iii)\timposing or amending road conditions or travel conditions; or\n\t(b)\tcancel the authority.\n\t(3)\tThe Regulator must comply with the request.\n\t(4)\tHowever, if consent to the grant of the mass or dimension authority was given by a road authority under section 163—\n\t(a)\tthe Regulator may refer the request to the road authority; and\n\t(b)\tif the road authority gives the Regulator its written approval of the request, the Regulator must comply with the request; and\n\t(c)\tif the road authority does not give written approval of the road manager's request within 28 days after the referral is made, the Regulator—\n\t(i)\tmust not comply with the request; and\n\t(ii)\tmust 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.\n175—Immediate suspension\n\t(1)\tThis 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\t(2)\tThe Regulator may, by public notice, immediately suspend the authority until the earliest of the following:\n\t(b)\tthe 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\t(4)\tThe suspension, and (where relevant) the cancellation of the suspension, takes effect immediately after the Commonwealth Gazette notice is published under subsection (3).\n\t(5)\tThis section applies despite sections 173 and 174.\n175A—Minor amendment\n\t(1)\tThe Regulator may amend a mass or dimension authority, granted by Commonwealth Gazette notice, in a minor respect—\n\t(b)\tin another way that does not adversely affect the interests of a person who is operating under the authority.\n\t(2)\tThe Regulator must publish a public notice of the amendment.\nDivision 4—Amendment, cancellation or suspension of mass or dimension authority granted by permit\n176—Amendment or cancellation on application by permit holder\n\t(1)\tThe holder of a permit for a mass or dimension authority may apply to the Regulator for an amendment or cancellation of the authority.\n\t(c)\tif the application is for an amendment, state clearly the amendment sought and the reasons for the amendment; and\n\t(3)\tThe 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\t(4)\tIf the proposed amendment of the mass or dimension authority is—\n\t(a)\tto 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\t(b)\tto impose or amend road conditions or travel conditions,\n\t(c)\tthe Regulator must ask the relevant road managers (for the roads to which the amendment relates) for their consent to the amendment; and\n\t(d)\tthe 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\t(5)\tThe Regulator must decide the application as soon as practicable after receiving it.\n\t(6)\tIf the Regulator decides to grant the application—\n\t(c)\tif the Regulator amended the authority, the Regulator must give the applicant a replacement permit for the authority as amended; and\n\t(d)\tif 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\t(7)\tIf the Regulator decides not to amend or cancel the mass or dimension authority as sought by the applicant, the Regulator must—\n\t(b)\treturn the permit for the authority to the applicant.\nequivalent vehicle, of another vehicle, means a vehicle that—\n\t(a)\tis of the same category as the other vehicle; and\n\t(b)\thas mass requirements that are no more than the mass requirements applying to the other vehicle; and\n\t(c)\thas dimension requirements that are no more than the dimension requirements applying to the other vehicle; and\n\t(d)\tposes no greater public risk than the other vehicle.\n177—Amendment or cancellation on Regulator's initiative\n\t(1)\tEach of the following is a ground for amending or cancelling a mass or dimension authority granted by giving a person a permit:\n\t(a)\tthe authority was granted because of a document or representation that was—\n\t(b)\tthe holder of the permit for the authority has contravened a condition of the authority;\n\t(c)\tthe use of heavy vehicles on a road under the authority has caused, or is likely to cause, a significant risk to public safety.\n\t(2)\tIf 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—\n\t(d)\tif the proposed action is to amend the authority (including a condition of the authority)—stating the proposed amendment; and\n\t(e)\tinviting 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\t(3)\tIf, 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—\n\t(a)\tif 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—\n\t(iii)\timposing additional vehicle conditions on the authority; or\n\t(b)\tif the proposed action was to cancel the authority—\n\t(i)\tamend the authority, including, for example, as mentioned in paragraph (a)(i), (ii) or (iii); or\n\t(ii)\tcancel the authority.\n178—Amendment or cancellation on request by relevant road manager\n\t(1)\tThis 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—\n\t(a)\thas caused, or is likely to cause, damage to road infrastructure; or\n\t(b)\thas 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\t(c)\thas 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\t(2)\tThe road manager may ask the Regulator to—\n\t(a)\tamend the mass or dimension authority, including, for example, by—\n\t(iii)\timposing or amending road conditions or travel conditions on the authority; or\n\t(b)\tcancel the authority.\n\t(3)\tThe Regulator must comply with the request.\n\t(4)\tHowever, if consent to the grant of the mass or dimension authority was given by a road authority under section 163—\n\t(a)\tthe Regulator may refer the request to the road authority; and\n\t(b)\tif the road authority gives the Regulator its written approval of the request, the Regulator must comply with the request; and\n\t(c)\tif the road authority does not give written approval of the request within 28 days after the referral is made, the Regulator—\n\t(i)\tmust not comply with the request; and\n\t(ii)\tmust 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\t(5)\tIf 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\t(6)\tThe notice given to the holder must state—\n\t(a)\tthe day the amendment or cancellation is to take effect; and\n\t(b)\tthe reasons given by the road manager for the amendment or cancellation; and\n\t(c)\tthe review and appeal information for the road manager's decision.\n179—Immediate suspension\n\t(1)\tThis 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\t(2)\tThe 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:\n\t(a)\tthe 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\t(c)\tthe end of 56 days after the day the immediate suspension notice is given to the person.\n\t(3)\tThis section applies despite sections 176, 177 and 178.\n180—Minor amendment of permit for a mass or dimension authority\n\t(1)\tThe Regulator may, by notice given to the holder of a permit for a mass or dimension authority, amend the authority in a minor respect—\n\t(2)\tThe Regulator must give notice of the amendment to the relevant road manager—\n\t(a)\tif the authority is amended for a formal or clerical reason—within 28 days after the authority is amended; or\n\t(b)\tif the authority is amended in another way—as soon as practicable, but no later than 7 days, after the authority is amended.\nDivision 5—Provisions about permits for mass or dimension authorities\n181—Return of permit\n\t(1)\tThis section applies to a mass or dimension authority granted by giving a person a permit.\n\t(2)\tIf 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\t(3)\tThe 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.\n\t(4)\tIf the mass or dimension authority has been amended, the Regulator must give the person a replacement permit for the authority as amended.\n182—Replacement of defaced etc permit\n\t(1)\tIf 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.\n\t(2)\tIf 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\t(3)\tIf the Regulator decides not to give a replacement permit to the person, the Regulator must give the person an information notice for the decision.\n","sortOrder":17},{"sectionNumber":"Part 9","sectionType":"part","heading":"Other offences","content":"Part 9—Other offences\nDivision 1—Towing restriction\n184—Towing restriction\n\t(1)\tA person must not drive a heavy motor vehicle towing more than 1 other vehicle.\n\t(2)\tSubsection (1) does not apply to a person driving a heavy vehicle—\n\t(a)\tunder a mass or dimension authority; or\n\t(b)\tin circumstances prescribed by the national regulations.\nDivision 2—Coupling requirements\n185—Requirements about coupling trailers\n\t(a)\tthe person uses, or permits to be used, on a road a heavy combination; and\n\t(b)\ta trailer in the combination is not securely coupled to the vehicle in front of it.\n\t(2)\tA person commits an offence if—\n\t(a)\tthe person uses, or permits to be used, on a road a heavy combination; and\n\t(b)\tthe components of a coupling used between vehicles in the heavy combination are not compatible with, or properly connected to, each other.\ncoupling means a device used to couple a vehicle in a combination to the vehicle in front of it.\nDivision 3—Transport documentation\n186—False or misleading transport documentation for goods\n\t(1)\tThis 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\t(2)\tThe consignor of the goods must ensure, so far as is reasonably practicable, the consignment documentation is not false or misleading.\n\t(3)\tIf 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.\n\t(4)\tIf 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.\n\t(5)\tIf 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.\n\t(8)\tIn 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.\nAustralian‑packed goods means goods packed—\n\t(a)\tin Australia; and\n\t(b)\ton 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—\n\t(a)\toutside Australia; and\n\t(b)\ton 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—\n\t(a)\tfirst receives the goods in Australia; or\n\t(b)\tunpacks the goods after the goods are first unloaded in Australia.\n187—False or misleading information in container weight declaration\n\t(1)\tThis 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\t(2)\tThe 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.\n\t(3)\tAn 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.\n\t(4)\tFor 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\t(7)\tIn 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.\nDivision 4—Other offences about container weight declarations\n188—Application of Division 4\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.\n189—Meaning of complying container weight declaration\nA container weight declaration for a freight container is a complying container weight declaration if—\n\t(a)\tit contains the following additional information:\n\t(i)\tthe number and other particulars of the freight container necessary to identify the container;\n\t(ii)\tthe name and residential address or business address in Australia of the responsible entity for the freight container;\n\t(iii)\tthe date the container weight declaration is made; and\n\t(b)\tit is written and easily legible.\n190—Duty of responsible entity\n\t(1)\tThe 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.\n191—Duty of operator\n\t(1)\tAn 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.\n\t(2)\tIf 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—\n\t(a)\tproves that the driver was provided with the declaration before the driver started transporting the freight container; or\n\t(b)\thas a reasonable excuse.\n\t(3)\tIf 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—\n\t(a)\ta complying container weight declaration for the freight container containing information in the form required under section 192A; or\n\t(b)\tthe prescribed particulars contained in a complying container weight declaration for the freight container.\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—\n\t(a)\tinformation about the weight of the freight container and its contents; and\n\t(b)\tthe information mentioned in section 189(a).\n192—Duty of driver\n\t(1)\tA 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.\n\t(2)\tThe 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—\n\t(a)\tin or about the vehicle; and\n\t(b)\tin a way that ensures information in the declaration is in the form required under section 192A.\n192A—Form of information in container weight declaration\n\t(1)\tThis section applies for the purposes of sections 190(1), 191(1) and (3)(a) and 192(2)(b).\n\t(2)\tThe 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—\n\t(a)\texamining documents located in the heavy vehicle on which the freight container is loaded or to be loaded; or\n\t(b)\texamining documents made available to the authorised officer on an electronic device or otherwise in electronic form.\nDivision 5—Other offences\n193—Weight of freight container exceeding weight stated on container or safety approval plate\n\t(1)\tThis 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\t(2)\tEach 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—\n\t(a)\tthe container; or\n\t(b)\tthe container's safety approval plate.\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.\n","sortOrder":18},{"sectionNumber":"Part 10","sectionType":"part","heading":"Other provisions","content":"Part 10—Other provisions\n195—Conflicting mass requirements\n\t(1)\tThis section applies if 2 or more conflicting mass requirements apply to a heavy vehicle.\n\t(2)\tOf 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.\n196—Conflicting dimension requirements\n\t(1)\tThis section applies if 2 or more conflicting dimension requirements apply to a heavy vehicle.\n\t(2)\tOf 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.\n197—Exemption from compliance with particular requirements in emergency\n\t(1)\tThe 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—\n\t(a)\tthe vehicle is being used, or is intended to be used, in an emergency, including, for example, a fire, explosion or natural disaster—\n\t(i)\tto protect life or property; or\n\t(ii)\tto restore communication or the supply of energy or water or services, including, for example, sewage disposal; and\n\t(b)\tgranting the exemption will not create an unreasonable danger to other road users.\n\t(2)\tAn exemption granted under subsection (1) may be subject to conditions the Regulator considers appropriate.\n\t(3)\tIf an exemption is granted orally under subsection (1), the Regulator must, as soon as practicable—\n\t(a)\tmake a written record of the exemption and any conditions to which it is subject; and\n\t(b)\tgive a copy of the written record to an operator of the heavy vehicle to which it relates.\n\t(4)\tAn exemption under this section has effect only while the conditions, if any, to which it is subject are complied with.\n\t(5)\tThe 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.\nprescribed requirement means—\n\t(a)\ta mass requirement; or\n\t(b)\ta dimension requirement; or\n\t(c)\ta requirement under Chapter 4 Part 5, including, for example, a requirement to comply with a condition of an exemption under that Part; or\n\t(d)\ta requirement under Chapter 4 Part 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.\n198—Recovery of losses arising from non‑provision of container weight declaration\n\t(1)\tThis 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\t(2)\tA 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\t(3)\tFor the purposes of subsection (2), the losses that may be recovered include the following:\n\t(a)\tloss incurred from delays in the delivery of the freight container, any of its contents or any other goods;\n\t(b)\tloss incurred from the damage to or spoliation of anything contained in the freight container;\n\t(c)\tloss incurred from providing another heavy vehicle, and loss incurred from delays arising from providing another heavy vehicle;\n\t(d)\tcosts or expenses incurred for weighing the freight container or any of its contents.\n\t(4)\tThe 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.\n199—Recovery of losses for provision of inaccurate container weight declaration\n\t(a)\tan 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\t(b)\tthe declaration contains information (the false or misleading information) that is false or misleading because it—\n\t(i)\tunderstates the weight of the container; or\n\t(ii)\totherwise indicates the weight of the container is lower than its actual weight; and\n\t(c)\ta 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\t(d)\tat the relevant time, the operator or driver either—\n\t(i)\thad a reasonable belief the vehicle was not in contravention of the mass requirement; or\n\t(ii)\tdid 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\t(2)\tA 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\t(3)\tFor the purposes of subsection (2), the losses that may be recovered include the following:\n\t(a)\tthe amount of a fine or other penalty imposed on the plaintiff for an offence against this Law;\n\t(b)\tthe 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\t(c)\tloss incurred from delays in the delivery of the freight container, any of its contents, or any other goods;\n\t(d)\tloss incurred from the damage to or spoliation of anything contained in the freight container;\n\t(e)\tloss incurred from providing another heavy vehicle, and loss incurred from delays arising from providing another heavy vehicle;\n\t(f)\tcosts or expenses incurred for weighing the freight container or any of its contents.\n\t(4)\tThe 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.\n200—Recovery by responsible entity of amount paid under section 199\n\t(1)\tThis 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\t(2)\tThe 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\t(3)\tThe responsible entity may enforce the entity's right to recovery under subsection (2) by—\n\t(a)\tif 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\t(b)\tif 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.\n201—Assessment of monetary value or attributable amount\n\t(1)\tThe 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\t(2)\tIn 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.\nChapter 6—Vehicle operations—driver fatigue\n220—Main purpose of Chapter 6\n\t(1)\tThe 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\t(2)\tThe main purpose is achieved by—\n\t(a)\timposing 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\t(b)\timposing general duties directed at preventing persons driving fatigue‑regulated heavy vehicles on a road while impaired by fatigue; and\n\t(c)\timposing 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\t(d)\tproviding for the maximum work requirements and minimum rest requirements applying to drivers of fatigue‑regulated heavy vehicles; and\n\t(e)\tproviding for recording the work times and rest times of drivers, amongst other things.\n221—Definitions for Chapter 6\n100km work has the meaning given by section 289(1);\n100+km work has the meaning given by section 289(2);\nAFM fatigue management system has the meaning given by section 457;\nAFM hours has the meaning given by section 257;\napproved electronic recording system means an electronic recording system the subject of a current approval under section 343 or a corresponding fatigue law;\napproved sleeper berth means—\n\t(a)\tfor 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\t(b)\tfor a fatigue‑regulated bus—a driver's sleeper berth that—\n\t(i)\tcomplies with a standard for sleeper berths that is approved by the responsible Ministers under section 654; and\n\t(ii)\tis able to be used by the driver when resting;\nBFM hours has the meaning given by section 253;\ncancel, in relation to an unused daily sheet in a written work diary, means cancel by writing 'cancelled' in large letters across the sheet;\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);\n\t•\tphysical or mental exertion\n\t•\tlong periods of time awake\n\t•\tnot enough sleep or not enough restorative sleep\n\t•\tnot enough rest time\n\t•\ta person's circadian rhythm (body clock)\n\t•\tenvironmental stress factors, including heat, noise, vibrations\n\t•\tpersonal health\ncorresponding fatigue law—\n\t(1)\tA 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\t(2)\tA 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\t(3)\tFor the purposes of paragraph (1), it is irrelevant whether the law of the non‑participating jurisdiction—\n\t(a)\tis in 1 instrument or 2 or more instruments; or\n\t(b)\tis part of an instrument; or\n\t(c)\tis 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);\nelectronic recording system means a system of recording information electronically;\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;\nentry, in a work record, means anything written or otherwise recorded in the work record;\nexemption hours has the meaning given by section 259;\nfatigue has the meaning given by section 223;\nimpaired by fatigue has the meaning given by section 225;\nintelligent access program reporting entity, for an approved 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;\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.\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—\n\t(a)\tceases to work at all, or works only intermittently; or\n\t(b)\tdoes not perform 1 or more functions required under this Chapter; or\n\t(c)\tperforms the functions mentioned in paragraph (b) only intermittently; or\n\t(d)\tperforms the functions mentioned in paragraph (b) in a way that is inaccurate or unreliable, including intermittently inaccurate or unreliable;\nExamples of an electronic work diary malfunctioning—\n\t•\tcorruption of data held in the electronic work diary\n\t•\ta software program fault\n\t•\tphysical damage that impairs the functioning of the electronic work diary\nExample of an odometer malfunctioning—\n\t•\tan 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 6 am;\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.\nnon‑participating jurisdiction means a State or Territory that is not a participating jurisdiction;\nparticipating jurisdiction means a State or Territory in which—\n\t(a)\tthis Chapter applies as a law of the State or Territory; or\n\t(b)\ta law containing provisions that substantially correspond to the provisions of this Chapter is in force;\nrecord keeper has the meaning given by section 317;\nrecord location, of the driver of a fatigue‑regulated heavy vehicle, 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);\n\t•\tlack of alertness\n\t•\tinability to concentrate\n\t•\treduced ability to recognise or respond to external stimuli\n\t•\tpoor judgment or memory\n\t•\tmaking more mistakes than usual\n\t•\tdrowsiness, or falling asleep, at work (including microsleeps)\n\t•\tfinding it difficult to keep eyes open\n\t•\tneeding more frequent naps than usual\n\t•\tnot feeling refreshed after sleep\n\t•\texcessive head‑nodding or yawning\n\t•\tblurred vision\n\t•\tmood changes, increased irritability or other changes to the person's mental health\n\t•\tchanges to the person's health or fitness\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—\n\t(a)\tout of a fatigue‑regulated heavy vehicle; or\n\t(b)\tin 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—\n\t(a)\tdrive a fatigue‑regulated heavy vehicle; or\n\t(b)\tinstruct another person to drive, or supervise another person driving, a fatigue‑regulated heavy vehicle; or\n\t(c)\tperform another task relating to the use of a fatigue‑regulated heavy vehicle, including, for example—\n\t(i)\tload things onto, or unload things from, the heavy vehicle; and\n\t(ii)\tinspect, service or repair the heavy vehicle; and\n\t(iii)\tinspect or attend to a load on the heavy vehicle; and\n\t(iv)\tif the heavy vehicle is a bus, attend to passengers on the bus; and\n\t(v)\tclean or refuel the heavy vehicle; and\n\t(vi)\tperform marketing tasks in relation to the use of the vehicle; and\nExamples for the purposes of subparagraph (vi)—\n\t•\tarranging for the transport of goods or passengers by the heavy vehicle\n\t•\tcanvassing for orders for the transport of goods or passengers by the heavy vehicle\n\t(vii)\thelp another person to perform, or supervise another person performing, a task mentioned in any of subparagraphs (i) to (vi); and\n\t(viii)\trecord 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\t(d)\toccupy 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—\n\t(a)\ta change from work time to rest time; or\n\t(b)\ta change from rest time to work time; or\n\t(c)\ta change from being a solo driver to being a driver who is a party to a two‑up driving arrangement; or\n\t(d)\ta 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—\n\t(a)\tgenerally, means a written work diary or electronic work diary kept by the driver for the purposes of this Law; and\n\t(b)\tfor Subdivision 1 of Division 2 of Chapter 6 Part 4, see section 292;\nwork record means—\n\t(a)\ta written or electronic work diary of the driver of a fatigue‑regulated heavy vehicle; or\n\t(b)\ta supplementary record; or\n\t(c)\ta record required to be made or kept under (or by a condition under) Division 2, Division 3, Division 9 or Division 10 of Chapter 6 Part 4; or\n\t(d)\ta 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.\n222—Categories of breaches\n\t(1)\tA 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\t(2)\tA 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\t(3)\tA 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\t(4)\tA 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.\nPart 2—Duties relating to fatigue\n223—What is fatigue\n\t(1)\tFatigue includes (but is not limited to)—\n\t(a)\tfeeling sleepy; and\n\t(b)\tfeeling physically or mentally tired, weary or drowsy; and\n\t(c)\tfeeling exhausted or lacking energy; and\n\t(d)\tbehaving in a way consistent with paragraph (a), (b) or (c).\n\t(2)\tThe national regulations may contain provisions supplementing, clarifying or providing examples for any of the provisions of sections 223 to 226.\n224—Matters court may consider in deciding whether person was fatigued\n\t(1)\tWhen deciding whether the driver of a fatigue‑regulated heavy vehicle was fatigued, a court may consider the following:\n\t(a)\twhat is commonly understood as being fatigued;\n\t(b)\tthe causes of fatigue;\n\t(c)\tthe signs of fatigue;\n\t(d)\tany relevant body of fatigue knowledge;\n\t(e)\tany other matter prescribed by the national regulations.\n\t(2)\tSubsection (1) does not limit the matters the court may consider when deciding whether a driver was impaired by fatigue.\n225—What is impaired by fatigue\nA driver is impaired by fatigue if the driver's ability to drive a fatigue‑regulated heavy vehicle safely is affected by fatigue.\n226—Matters court may consider in deciding whether person was impaired by fatigue\n\t(1)\tWhen deciding whether the driver of a fatigue‑regulated heavy vehicle was impaired by fatigue, a court may consider any of the following:\n\t(a)\tany 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\t(b)\tany behaviour exhibited by the driver that may have resulted from the driver being impaired by fatigue;\nExamples for the purposes of paragraph (b)—\n\t•\tthe circumstances of any incident, crash or near miss\n\t•\tpoor driving judgement\n\t•\tinattentive driving such as drifting into other lanes on a road or not changing gears smoothly\n\t(c)\tthe nature and extent of any physical or mental exertion by the driver;\n\t(d)\twhether the driver was in breach of the driver's work and rest hours option.\n\t(2)\tSubsection (1) does not limit the matters the court may consider when deciding whether a driver was impaired by fatigue.\n\t(3)\tA court may consider the driver to be impaired by fatigue even if the driver has complied with—\n\t(a)\tthe requirements of this Law, including, for example, the maximum work requirements and minimum rest requirements applying to the driver; or\n\t(b)\tany other law.\nDivision 2—Duty to avoid fatigue\n228—Duty of driver to avoid driving while fatigued\n\t(1)\tA person must not drive a fatigue‑regulated heavy vehicle on a road while the person is impaired by fatigue.\n\t(2)\tIf, 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—\n\t(a)\tthe same conduct; or\n\t(b)\tthe same kind of conduct occurring during the same journey,\nthe court must discharge the proceedings against the driver.\n\t(3)\tIf, 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—\n\t(a)\tthe same conduct; or\n\t(b)\tthe 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.\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.\nPart 3—Requirements relating to work time and rest time\n243—What is a driver's work and rest hours option\n\t(1)\tThe 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\t(2)\tThe work and rest hours option is—\n\t(a)\tthe standard work and rest arrangements, which—\n\t(i)\tapply to drivers of fatigue‑regulated heavy vehicles operating other than under a BFM accreditation, AFM accreditation or work and rest hours exemption; and\n\t(ii)\tare known as 'standard hours'; or\n\t(b)\tthe BFM work and rest arrangements, which—\n\t(i)\tapply to drivers of fatigue‑regulated heavy vehicles operating under a BFM accreditation; and\n\t(ii)\tare known as 'BFM hours'; or\n\t(c)\tthe AFM work and rest arrangements, which—\n\t(i)\tapply to drivers of fatigue‑regulated heavy vehicles operating under an AFM accreditation; and\n\t(ii)\tare known as 'AFM hours'; or\n\t(d)\tthe maximum work times and minimum rest times stated in a work and rest hours exemption, which—\n\t(i)\tapply to drivers of fatigue‑regulated heavy vehicles operating under the exemption; and\n\t(ii)\tare known as 'exemption hours'.\n244—Counting time spent in participating jurisdictions\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.\n245—Counting time spent outside participating jurisdictions\n\t(1)\tThis 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\t(2)\tIf, 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\t(3)\tIf, within the last 7 days, the driver spent work time only in non‑participating jurisdictions—\n\t(a)\tany 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\t(b)\tany 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—\n\t(i)\ttaken into account; and\n\t(ii)\ttreated in the same way as it would have been treated if the time had been spent in a participating jurisdiction.\n246—Counting periods of less than 15 minutes—written work diaries\n\t(1)\tThis section applies if a driver uses a written work diary.\n\t(2)\tWork time must be counted in 15 minute periods.\n\t(3)\tA period of work time of less than 15 minutes counts as 15 minutes work time.\nExamples for the purposes of subsection (3)—\n1\tA period of working for 14 minutes counts as 15 minutes work time.\n2\tA period of working for 17 minutes counts as 30 minutes work time.\n3\tA period of working for 53 minutes counts as 1 hour work time.\n\t(4)\tRest time must be counted in blocks of time of no less than 15 minutes.\n\t(5)\tA period of rest time of less than 15 minutes must be disregarded.\nExamples for the purposes of subsection (5)—\n","sortOrder":19},{"sectionNumber":"1","sectionType":"section","heading":"A period of not working for only 14 minutes does not count as rest time, because 14 minutes is less than 15 minutes.","content":"1\tA period of not working for only 14 minutes does not count as rest time, because 14 minutes is less than 15 minutes.\n2\tA 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).\n246A—Counting periods of less than 15 minutes—electronic work diaries\n\t(1)\tThis section applies if a driver uses an electronic work diary.\n\t(2)\tWork time and rest time must be counted in 1 minute periods.\n\t(3)\tA period of work time or rest time of less than 1 minute must not be counted.\n\t(4)\tA period of rest time of less than 15 minutes does not count towards a minimum rest time.\nExamples for the purposes of subsection (4)—\n\t1\tA period of not working for 10 minutes does not count towards a minimum rest time because 10 minutes is less than 15 minutes.\n\t2\tA 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.\n247—Time to be counted after rest time ends\nWhen counting time in a period, the time must not be counted from within rest time, but instead must be counted forward from—\n\t(a)\tif 1 or more major rest breaks are relevant to the period—the end of a relevant major rest break; or\n\t(b)\tin 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 6.30 am on that day, started work at that time, worked until 11 am that day, had 45 minutes of rest time, worked until 5 pm that day, then had stationary rest time until 4.30 am on the following day, Tuesday, and then worked until 6.30 am 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 6.30 am on the Monday until 6.30 am on the Tuesday. Adding up the driver's work periods — 6.30 am to 11 am, 11.45 am to 5.00 pm and 4.30 am to 6.30 am — 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 6.30 am or 11.45 am on the Monday, or from 4.30 am on the Tuesday. If the officer commenced counting at the end of the rest time that finished at 11.45 am, 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 6.30 am on the Monday and 6.30 am on the Tuesday. The officer sees that between 5 pm on the Monday and 4.30 am on the Tuesday the driver had a total of 11½ continuous hours of stationary rest time.\n248—Time to be counted by reference to time zone of driver's base\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 6 am in the Queensland time zone (being the time zone in which the driver's base is situated), even though the hours equate to 10 pm and 4 am in Western Australia.\nDivision 2—Standard work and rest arrangements\n249—Standard hours\n\t(1)\tThe 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\t(2)\tWithout limiting subsection (1), the national regulations may prescribe—\n\t(a)\tdifferent 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\t(b)\tthat 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\t(c)\tthat a minor risk breach of a maximum work requirement prescribed in the regulations is not to be treated as a minor risk breach.\n\t(3)\tA minor risk breach prescribed for the purposes of subsection (2)(c) is not a contravention of section 250 or 251.\n250—Operating under standard hours—solo drivers\n\t(1)\tThe 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—\n\t(a)\tworks for more than the maximum work time stated in the standard hours for the period; or\n\t(b)\trests for less than the minimum rest time stated in the standard hours for the period.\n251—Operating under standard hours—two‑up drivers\n\t(1)\tThe 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—\n\t(a)\tworks for more than the maximum work time stated in the standard hours for the period; or\n\t(b)\trests for less than the minimum rest time stated in the standard hours for the period.\n252—Defence relating to short rest breaks for drivers operating under standard hours\n\t(1)\tThis 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.\nExamples of when this section applies—\nThe driver is required to have 15 continuous minutes rest time because—\n\t(a)\tthe driver has worked for 5¼ hours; or\n\t(b)\tthe driver has worked for 7½ hours and has only had 15 continuous minutes rest time during that period; or\n\t(c)\tthe driver has worked for 10 hours and has only had 3 lots of 15 continuous minutes rest time during that period.\n\t(2)\tIn 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—\n\t(a)\tat 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\t(b)\tthe driver had the short rest break—\n\t(i)\tat 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\t(ii)\tno later than 45 minutes after the time the driver was required to have the short rest break.\nExample of when the defence applies—\nThe driver of a fatigue‑regulated heavy vehicle fails to have a short rest break after 5¼ 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 5½ hours work at a suitable rest place for fatigue‑regulated heavy vehicles down the road.\nshort rest break means rest time of less than 1 hour.\nDivision 3—BFM work and rest arrangements\n253—BFM hours\n\t(1)\tThe 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\t(2)\tWithout limiting subsection (1), the national regulations may prescribe—\n\t(a)\tdifferent BFM hours for solo drivers and drivers who are a party to a two‑up driving arrangement; and\n\t(b)\tthat a minor risk breach of a maximum work requirement prescribed in the regulations is not to be treated as a minor risk breach.\n\t(3)\tA minor risk breach prescribed for the purposes of subsection (2)(b) is not a contravention of section 254 or 256.\n254—Operating under BFM hours—solo drivers\n\t(1)\tThe 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—\n\t(a)\tworks for more than the maximum work time stated in the BFM hours for the period; or\n\t(b)\trests for less than the minimum rest time stated in the BFM hours for the period.\n255—Defence for solo drivers operating under BFM hours relating to split rest breaks\n\t(1)\tThis 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\t(2)\tIn 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—\n\t(a)\tat 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\t(b)\tduring 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\t(c)\tthe driver had not had a split rest break in the previous 24‑hour period.\nExample of when the defence applies—\nThe driver of a fatigue‑regulated heavy vehicle stops work to have 7 continuous hours of stationary rest time, but cannot sleep, and 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.\n256—Operating under BFM hours—two‑up drivers\n\t(1)\tThe 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—\n\t(a)\tworks for more than the maximum work time stated in the BFM hours for the period; or\n\t(b)\trests for less than the minimum rest time stated in the BFM hours for the period.\nDivision 4—AFM work and rest arrangements\n257—AFM hours\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.\n258—Operating under AFM hours\n\t(1)\tThe driver of a fatigue‑regulated heavy vehicle commits an offence if, in any period stated in the AFM hours for the driver, the driver—\n\t(a)\tworks for more than the maximum work time stated in the AFM hours; or\n\t(b)\trests for less than the minimum rest time stated in the AFM hours.\nDivision 5—Arrangements under work and rest hours exemption\n259—Exemption hours\n\t(1)\tExemption 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.\nrelevant document means—\n\t(a)\tfor a work and rest hours exemption (notice)—the Commonwealth Gazette notice for the exemption; or\n\t(b)\tfor a work and rest hours exemption (permit)—the permit for the exemption.\n260—Operating under exemption hours\n\t(1)\tThe 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—\n\t(a)\tworks for more than the maximum work time stated in the exemption hours; or\n\t(b)\trests for less than the minimum rest time stated in the exemption hours.\n","sortOrder":20},{"sectionNumber":"Div 7","sectionType":"division","heading":"Changing work and rest hours option","content":"Division 7—Changing work and rest hours option\n262—Changing work and rest hours option\n\t(1)\tThe driver of a fatigue‑regulated heavy vehicle may operate under only 1 work and rest hours option at any 1 time.\n\t(2)\tHowever, 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.\n263—Operating under new work and rest hours option after change\n\t(1)\tThe 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—\n\t(a)\tif the change is from standard hours or BFM hours, either the driver—\n\t(i)\tis 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\t(ii)\thas had a reset rest break; and\nExamples for the purposes of paragraph (a)—\n1\tIf 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.\n2\tIf 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\t(b)\tif the change is from AFM hours or exemption hours, the driver has had a reset rest break; and\n\t(c)\tthe driver complies with all other requirements of the work and rest hours option to which the driver has changed.\nExample of other requirements for the purposes of paragraph (c)—\nIf the driver is changing to BFM hours or AFM hours, the driver must be inducted into the relevant operator's BFM or AFM fatigue management system.\n\t(2)\tIf 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.\nreset rest break means a period of rest time of at least 48 continuous hours.\n264—Duty of employer, prime contractor, operator and scheduler to ensure driver compliance\n\t(1)\tThis 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\t(2)\tA relevant party for the driver must ensure, so far as is reasonably practicable, the driver—\n\t(a)\tdoes not drive a fatigue-regulated heavy vehicle after making the change unless the driver has complied with section 263; and\n\t(b)\tcan comply with his or her obligations in relation to the change.\n\t(c)\tan operator of the vehicle if the driver is making a journey for the operator; or\n\t(d)\ta scheduler for the vehicle.\n","sortOrder":21},{"sectionNumber":"Div 8","sectionType":"division","heading":"Exemptions relating to work times and rest times","content":"Division 8—Exemptions relating to work times and rest times\n265—Emergency services exemption\n\t(1)\tA 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\t(2)\tA 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\t(3)\tA 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.\nemergency means an event, or an anticipated event, that—\n\t(a)\tendangers, or may endanger, life, property or the environment; or\n\t(b)\thas disrupted, or may disrupt, communications, energy supply, water supply or sewerage services; or\n\t(c)\tis declared to be an emergency or disaster by—\n\t(i)\tthe Commonwealth or a State or Territory; or\n\t(ii)\ta Commonwealth or State or Territory authority responsible for managing responses to emergencies or disasters;\nExamples of an emergency—\nfire, explosion or natural disaster\nemergency service means an entity that has a statutory responsibility to respond to an emergency and includes the following:\n\t(a)\tan ambulance service;\n\t(b)\ta fire brigade, including a volunteer fire brigade;\n\t(c)\ta police force or police service;\n\t(d)\ta disaster or emergency organisation of the Commonwealth or a State or Territory.\n266—Regulator's power to exempt class of drivers from particular maximum work requirements and minimum rest requirements\n\t(1)\tThe 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\t(2)\tAn exemption under subsection (1) is a work and rest hours exemption (notice).\n267—Restriction on grant of work and rest hours exemption (notice)\n\t(1)\tThe Regulator may grant a work and rest hours exemption (notice) only if the Regulator is satisfied—\n\t(a)\trequiring 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—\n\t(i)\tthe class of drivers; or\n\t(ii)\trelevant parties for the class of drivers; and\n\t(b)\tif 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—\n\t(i)\tthe class of drivers; or\n\t(ii)\trelevant parties for the class of drivers; and\n\t(c)\tthe driver fatigue management practices that are to apply to drivers operating under the exemption would, if followed, safely manage fatigue risks; and\n\t(d)\tthe class of drivers to whom the exemption is to apply is likely to follow the practices consistently and effectively.\n\t(2)\tIn 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.\nrelevant parties, for a class of drivers of fatigue‑regulated heavy vehicles, means—\n\t(a)\temployers of the class of drivers if they are employed drivers; or\n\t(b)\tprime contractors for the class of drivers if they are self‑employed drivers; or\n\t(c)\toperators of fatigue‑regulated heavy vehicles if the drivers of the class are to make journeys for the operators using the vehicles.\n268—Conditions of work and rest hours exemption (notice)\nA work and rest hours exemption (notice) may be subject to any conditions the Regulator considers appropriate, including, for example—\n\t(a)\tconditions about driver fatigue management practices that are to apply to drivers operating under the exemption; and\n\t(b)\tconditions about keeping records relating to the driver fatigue management practices; and\n\t(c)\ta 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—\n269—Period for which work and rest hours exemption (notice) applies\nA work and rest hours exemption (notice)—\n270—Requirements about Commonwealth Gazette notice\n\t(1)\tA Commonwealth Gazette notice for a work and rest hours exemption (notice) must state the following:\n\t(a)\tthe class of drivers of fatigue‑regulated heavy vehicles to which the exemption applies;\n\t(b)\tthe maximum work times and minimum rest times that are to apply to drivers operating under the exemption;\n\t(c)\tthe other conditions of the exemption;\n271—Amendment or cancellation of work and rest hours exemption (notice)\n\t(1)\tEach of the following is a ground for amending or cancelling a work and rest hours exemption (notice):\n\t(a)\tsince 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\t(b)\tthe use of fatigue‑regulated heavy vehicles under the exemption has caused, or is likely to cause, a significant risk to public safety.\n\t(2)\tIf 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\t(a)\tstating that the Regulator believes a ground mentioned in subsection (1)(a) or (b) for amending or cancelling the exemption exists; and\n\t(d)\tinviting 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\t(4)\tIf, 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—\n\t(a)\tif 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\n272—Immediate suspension\n\t(a)\ta ground exists to cancel a work and rest hours exemption (notice); and\n\t(b)\tit is necessary to suspend the exemption immediately to prevent or minimise serious harm to public safety.\n\t(2)\tThe Regulator may, by public notice, immediately suspend the exemption until the earliest of the following:\n\t(b)\tthe Regulator publishes a notice under section 271(5) and the amendment or cancellation takes effect under section 271(6);\n\t(4)\tThe suspension, or (where relevant) the cancellation of the suspension, takes effect immediately after the Commonwealth Gazette notice is published under subsection (3).\n\t(5)\tThis section applies despite section 271.\n273—Regulator's power to exempt drivers from particular maximum work requirements and minimum rest requirements\n\t(1)\tThe 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\t(2)\tAn exemption under subsection (1) is a work and rest hours exemption (permit).\n\t(3)\tThe 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\t(4)\tThe Regulator may grant a work and rest hours exemption (permit)—\n\t(a)\tin a way that does not cover all the drivers sought by the applicant; or\n\t(b)\tsetting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant.\n274—Application for work and rest hours exemption (permit)\n\t(1)\tAny of the following persons may apply to the Regulator for a work and rest hours exemption (permit):\n\t(a)\tan employer of a driver of a fatigue‑regulated heavy vehicle;\n\t(b)\ta prime contractor for a driver of a fatigue‑regulated heavy vehicle;\n\t(c)\tan operator of a fatigue‑regulated heavy vehicle;\n\t(d)\ta self‑employed driver of a fatigue‑regulated heavy vehicle.\n\t(ii)\tany conditions to which the exemption is sought to be subject;\n\t(iii)\tthe 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\t(iv)\tthe proposed maximum work times and minimum rest times that would be followed by drivers operating under the exemption;\n\t(v)\tif the proposed maximum work times and minimum rest times to apply under the exemption could be accommodated within BFM hours or AFM hours—\n\t(A)\tthe driver fatigue management practices that would be followed by the applicant and drivers operating under the exemption; and\n\t(B)\thow the practices would safely manage fatigue risks; and\n\t(C)\thow 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\t(c)\tbe accompanied by the prescribed fee for the application.\n\t(3)\tThe 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.\n275—Restriction on grant of work and rest hours exemption (permit)\n\t(1)\tThe Regulator may grant a work and rest hours exemption (permit) only if the Regulator is satisfied—\n\t(a)\trequiring 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\t(b)\tif 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\t(c)\tthe driver fatigue management practices that are to apply to drivers operating under the exemption would, if followed, safely manage fatigue risks; and\n\t(d)\tthe drivers to whom the exemption is to apply are likely to follow the practices consistently and effectively.\n\t(2)\tIn 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.\n276—Conditions of work and rest hours exemption (permit)\n\t(1)\tIf 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\t(2)\tA work and rest hours exemption (permit) may be subject to any other conditions the Regulator considers appropriate, including, for example, conditions about—\n\t(a)\tdriver fatigue management practices that are to apply to drivers operating under the exemption; and\n\t(b)\tkeeping records relating to the driver fatigue management practices.\n277—Period for which work and rest hours exemption (permit) applies\n\t(1)\tA work and rest hours exemption (permit) applies for the period stated in the permit for the exemption.\n\t(2)\tThe period may be less than the period sought by the applicant for the work and rest hours exemption (permit).\n278—Permit for work and rest hours exemption (permit) etc\n\t(1)\tIf the Regulator grants a work and rest hours exemption (permit) to a person, the Regulator must give the person—\n\t(b)\tif prescribed circumstances apply to the grant of the exemption—an information notice for the prescribed circumstances.\n\t(2)\tA permit for a work and rest hours exemption (permit) must state the following:\n\t(b)\tthe driver of a fatigue‑regulated heavy vehicle, or class of drivers of fatigue‑regulated heavy vehicles, to which the exemption applies;\n\t(c)\tthe maximum work times and minimum rest times that apply to drivers operating under the exemption;\n\t(d)\tthe conditions of the exemption, including, if applicable, the condition mentioned in section 276(1);\n\t(e)\tthe period for which the exemption applies.\nprescribed circumstances, for a work and rest hours exemption (permit), means the Regulator has—\n\t(a)\timposed conditions on the exemption under section 276(2); or\n\t(b)\tgranted the exemption in a way that does not cover all the drivers sought by the applicant for the exemption; or\n\t(c)\tgranted 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\t(d)\tgranted the exemption for a period less than the period of not more than 3 years sought by the applicant for the exemption.\n279—Refusal of application for work and rest hours exemption (permit)\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.\n280—Amendment or cancellation of work and rest hours exemption (permit) on application by permit holder\n\t(1)\tThe 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\t(3)\tThe 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\t(c)\tif the Regulator amended the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended.\n281—Amendment or cancellation of work and rest hours exemption (permit) on Regulator's initiative\n\t(1)\tEach of the following is a ground for amending or cancelling a work and rest hours exemption (permit):\n\t(b)\tthe holder of the permit for the exemption has contravened this Law or a corresponding fatigue law;\n\t(c)\ta driver of a fatigue‑regulated heavy vehicle to whom the exemption applies has contravened this Law or a corresponding fatigue law;\n\t(d)\tsince 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\t(2)\tIf 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—\n\t(d)\tif the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and\n\t(e)\tinviting 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\t(3)\tIf, 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—\n\t(a)\tif 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\n282—Immediate suspension of work and rest hours exemption (permit)\n\t(a)\ta ground exists to cancel a work and rest hours exemption (permit); and\n\t(b)\tit is necessary to suspend the exemption immediately to prevent or minimise serious harm to public safety.\n\t(2)\tThe 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:\n\t(a)\tthe Regulator gives the holder a notice under section 281(4) and the amendment or cancellation takes effect under section 281(5);\n\t(c)\tthe end of 56 days after the day the immediate suspension notice is given to the holder.\n\t(3)\tThis section applies despite sections 280 and 281.\n283—Minor amendment of work and rest hours exemption (permit)\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—\n284—Return of permit\n\t(1)\tIf 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\t(2)\tThe 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.\n\t(3)\tIf the exemption has been amended, the Regulator must give the person a replacement permit for the exemption as amended.\n285—Replacement of defaced etc permit\n\t(1)\tIf 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.\n\t(2)\tIf 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\t(3)\tIf the Regulator decides not to give a replacement permit to the person, the Regulator must give the person an information notice for the decision.\n","sortOrder":22},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Offences relating to operating under work and rest hours exemption etc","content":"Subdivision 4—Offences relating to operating under work and rest hours exemption etc\n286—Contravening condition of work and rest hours exemption\n\t(1)\tA person must not contravene a condition of a work and rest hours exemption.\ncondition, of a work and rest hours exemption, does not include—\n\t(a)\ta condition mentioned in section 287(1); or\n\t(b)\tanything stating the exemption hours for the exemption.\n287—Keeping relevant document while operating under work and rest hours exemption (notice)\n\t(1)\tThis 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\t(2)\tA driver of the fatigue‑regulated heavy vehicle who is operating under the work and rest hours exemption (notice) must comply with the condition.\n\t(3)\tEach 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.\nrelevant document, for a work and rest hours exemption (notice), means a copy of—\n288—Keeping copy of permit while driving under work and rest hours exemption (permit)\n\t(1)\tThe 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.\n\t(2)\tIf 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—\n\t(a)\tstops working for the relevant party; or\n\t(b)\tstops operating under the relevant party's exemption; or\n\t(c)\tno longer meets the requirements relating to drivers under the relevant party's exemption.\n\t(3)\tEach 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.\nPart 4—Requirements about record keeping\n289—What is 100km work and 100+km work\n\t(1)\tThe 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\t(2)\tThe 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\t(3)\tTo remove any doubt, it is declared that the driver of a fatigue‑regulated heavy vehicle to whom subsection (2) applies—\n\t(a)\tis taken to be engaged in 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\t(b)\tif 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.\n290—What is a driver's record location\nThe record location of the driver of a fatigue‑regulated heavy vehicle is—\n\t(a)\tif the driver's record keeper has advised the driver of the place that is the driver's record location—the place advised; or\n\t(b)\totherwise—the driver's base.\nDivision 2—Work diary requirements\n","sortOrder":23},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Requirement to carry work diary","content":"Subdivision 1—Requirement to carry work diary\n291—Application of Subdivision 1\nThis Subdivision applies if the driver of a fatigue‑regulated heavy vehicle—\n\t(a)\tis undertaking 100+km work under standard hours; or\n\t(b)\twas undertaking 100+km work under standard hours in the last 28 days; or\n\t(c)\tis working under BFM hours, AFM hours or exemption hours; or\n\t(d)\twas working under BFM hours, AFM hours or exemption hours in the last 28 days.\n292—Meaning of work diary for Subdivision 1\n\t(1)\tIn 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:\n\t(a)\tif the driver has used only 1 or more written work diaries in the last 28 days—\n\t(i)\tthe written work diary the driver is currently using; and\n\t(ii)\tany filled‑up written work diary the driver has used during the last 28 days;\n\t(b)\tif 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\t(c)\tif 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—\n\t(i)\teach of the written work diaries the driver is using or has used during the last 28 days; and\n\t(ii)\tthe 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\t(2)\tIf 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).\n293—Driver of fatigue‑regulated heavy vehicle must carry work diary\n\t(1)\tThe driver of a fatigue‑regulated heavy vehicle must—\n\t(a)\tkeep a work diary; and\n\t(b)\tensure—\n\t(i)\tthe driver's work diary records the information required to be recorded under Subdivision 2 for each day in the previous 28 days; and\n\t(ii)\tthe driver's work diary is in the driver's possession while the driver is driving the vehicle.\n1\tFor 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.\n2\tUnder 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\t(2)\tSubsection (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\t(3)\tIn 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—\n\t(a)\tthe 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\t(b)\tthe information was—\n\t(i)\trecorded in an electronic work diary; and\n\t(ii)\tdestroyed 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","sortOrder":24},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Information required to be included in work diary","content":"Subdivision 2—Information required to be included in work diary\n294—Purpose of and definition for Subdivision 2\n\t(1)\tThis 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—\n\t(a)\tundertakes 100+km work under standard hours; or\n\t(b)\tworks under BFM hours, AFM hours or exemption hours.\n\t(2)\tIn this Subdivision—\nrequired information means information required by the national regulations under section 295 to be recorded in the driver's work diary.\n295—National regulations for information to be included in work diary\n\t(1)\tThe national regulations may provide for—\n\t(a)\tthe information that is to be recorded in the driver's work diary; and\n\t(b)\tthe manner in which information is to be recorded in the driver's work diary; and\n\t(c)\tany other matter relating to information that is to be recorded in the driver's work diary.\n\t(2)\tWithout limiting subsection (1), the national regulations may provide—\n\t(a)\tfor 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\t(b)\tfor information to be recorded immediately before or after a period of work time or rest time; and\n\t(c)\tfor information to be recorded when finishing work for a day; and\n\t(d)\tfor information to be recorded when there is a change of the driver's base; and\n\t(e)\tfor information to be recorded when there is a change of the driver's record location; and\n\t(f)\tfor information to be recorded regarding the parties to a two-up driving arrangement.\n\t(3)\tWithout 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.\n296—Recording information under the national regulations—general\n\t(1)\tThe driver must record the required information in the driver's work diary in the manner and at the time prescribed by the national regulations.\n\t(2)\tSubsection (1) does not apply to information to which section 297 applies.\n297—Information required to be recorded immediately after starting work\n\t(1)\tThis 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\t(2)\tThe driver must record the required information to which this section applies immediately after starting work on a day.\n\t(3)\tIn 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—\n\t(a)\tthe driver was unaware that the driver would be undertaking 100+km work under standard hours on the day; and\n\t(b)\tthe 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.\n298—Failing to record information about odometer reading\n\t(1)\tThe 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.\n\t(2)\tIn a proceeding for the offence against subsection (1), it is a defence for the driver to prove that—\n\t(a)\tat the time of the offence, the odometer was malfunctioning; and\n\t(b)\tthe driver has complied with section 397.\n299—Two‑up driver to provide details\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.\n","sortOrder":25},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"How information must be recorded in work diary","content":"Subdivision 3—How information must be recorded in work diary\n300—Purpose of Subdivision 3\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.\n301—Recording information in written work diary\nIf the driver's work diary is a written work diary, the driver must record information in the work diary in the following way:\n\t(a)\tthe 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\t(b)\tif, 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\t(c)\tinformation 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\t(d)\tthe daily sheets in the work diary must be used in turn from the front of the work diary;\n\t(e)\teach daily sheet must be—\n\t(i)\tsigned and dated by the driver; and\n\t(ii)\tif the driver is driving under a two‑up driving arrangement—signed by the other driver who is a party to the arrangement;\n\t(f)\tinformation 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\t(g)\tinformation 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.\n302—Recording information in electronic work diary\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—\n\t(a)\tif 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\t(b)\tthe 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).\n303—Time zone of driver's base must be used\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.\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.\nSubdivision 4—Requirements about work diaries that are filled up etc\n304—Application of Subdivision 4\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—\n\t(a)\tfor a driver who uses a written work diary—the driver's work diary has been filled up, destroyed, lost or stolen; or\n\t(b)\tfor a driver who uses an electronic work diary—the driver's work diary—\n\t(i)\thas been filled up, destroyed, lost or stolen; or\n\t(ii)\tis not in working order because a part of the diary has been destroyed, lost or stolen; or\n\t(iii)\tis malfunctioning or has malfunctioned.\n305—Driver must make supplementary records in particular circumstances\n\t(1)\tDuring 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).\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 section 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.\n\t(2)\tFor a supplementary record that is not in electronic form, the required information must be recorded in the record as follows:\n\t(a)\tthe information for each day must be written on a separate page of the record;\n\t(b)\tif, 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\t(c)\teach page of the record must be—\n\t(i)\tsigned and dated by the driver; and\n\t(ii)\tif the driver is driving under a two‑up driving arrangement—signed by the other driver who is a party to the arrangement.\n\t(3)\tThe 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.\n\t(4)\tSubsections (1) to (3) cease to apply—\n\t(a)\tif the existing work diary is a written work diary, when the first of the following happens:\n\t(i)\tthe driver is issued a new written work diary, or obtains an electronic work diary that is in working order;\n\t(ii)\tthe expiry of 7 business days after the day on which the driver starts recording information under this section; or\n\t(b)\tif the existing work diary is an electronic work diary, when the first of the following happens:\n\t(i)\tthe driver obtains a new electronic work diary that is in working order, or a written work diary;\n\t(ii)\tthe existing work diary is—\n\t(A)\tif the diary is filled up—made capable of recording new information; or\n\t(B)\tif the diary is not in working order as mentioned in section 304(b)(ii) or is malfunctioning—brought into working order;\n\t(iii)\tthe 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.\nsupplementary record means a record that—\n\t(a)\tis not made in a written or electronic work diary; but\n\t(b)\tis in a similar form to a written or electronic work diary.\n306—Driver must notify Regulator if written work diary filled up etc\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.\n307—Driver who is record keeper must notify Regulator if electronic work diary filled up etc\n\t(1)\tThis section applies if the driver of a fatigue‑regulated heavy vehicle who is his or her own record keeper—\n\t(a)\tbecomes 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\t(b)\tbecomes aware or has reason to suspect that the driver's electronic work diary is malfunctioning or has malfunctioned.\n\t(2)\tThe driver must notify the Regulator in the approved form of the matter within 2 business days.\n\t(3)\tWithin a period required by the Regulator, the driver must ensure the electronic work diary is examined and brought into working order.\n308—What driver must do if lost or stolen written work diary found or returned\n\t(1)\tIf 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:\n\t(a)\timmediately cancel any unused daily sheets in the old work diary;\n\t(b)\tif the old work diary is found or returned within 28 days after it was lost or stolen—\n\t(i)\timmediately notify the Regulator in the approved form that it has been found or returned; and\n\t(ii)\tgive it to the Regulator within 2 business days after the 28‑day period ends;\n\t(c)\tif 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\t(2)\tIf 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—\n\t(a)\tif the driver has not complied with subsection (1)(a), cancel any unused daily sheets in the work diary; and\n\t(b)\treturn the work diary to the driver.\n309—Information required to be recorded immediately after starting work\n\t(a)\tthe driver of a fatigue‑regulated heavy vehicle—\n\t(i)\tbecomes 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\t(ii)\tbecomes aware or has reason to suspect that the driver's electronic work diary is malfunctioning or has malfunctioned; and\n\t(b)\tthe driver's record keeper is a person other than the driver.\n\t(2)\tThe driver must, within 2 business days after the driver becomes aware of the matter, inform the driver's record keeper of the matter.\n310—Intelligent access program reporting entity must notify record keeper if approved electronic recording system malfunctioning\n\t(a)\tan approved electronic recording system—\n\t(i)\tconstitutes an electronic work diary or has a part that constitutes an electronic work diary; and\n\t(ii)\tis or is part of an approved intelligent transport system; and\n\t(b)\tan 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\t(2)\tThe intelligent access program reporting entity must inform the driver's record keeper of the matter within 2 business days.\n311—What record keeper must do if electronic work diary filled up\n\t(c)\tthe record keeper becomes aware or has reason to suspect that the electronic work diary has been filled up.\n\t(2)\tThe record keeper must, as soon as reasonably practicable after becoming aware of the matter or having reason to suspect the matter—\n\t(a)\teither—\n\t(i)\tmake the electronic work diary capable of recording new information; or\n\t(ii)\tgive the driver a new electronic work diary that is in working order; and\n\t(b)\tif 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\t(c)\tnotify the Regulator in the approved form that the electronic work diary has been filled up.\n\t(3)\tIf the record keeper has engaged another person under a contract for services to comply with subsection (2) for the record keeper—\n\t(a)\tthe record keeper remains liable for an offence against subsection (2); and\n\t(b)\tthe other person is also liable for an offence against subsection (2) as if the other person were the record keeper mentioned in the subsection.\n312—What record keeper must do if electronic work diary destroyed, lost or stolen\n\t(c)\tthe record keeper becomes aware or has reason to suspect that the electronic work diary has been destroyed, lost or stolen.\n\t(2)\tThe record keeper must, as soon as reasonably practicable after becoming aware of the matter or having reason to suspect the matter—\n\t(a)\tinform 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\t(b)\tgive the driver an electronic work diary that is in working order; and\n\t(c)\tgive 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—\n\t(i)\tis accessible to the record keeper; and\n\t(ii)\trelates to any period during the last 28 days; and\n\t(iii)\tis not stored in the new electronic work diary.\n\t(3)\tThe 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.\n\t(4)\tIf the record keeper has engaged another person under a contract for services to comply with subsection (2) or (3) for the record keeper—\n\t(a)\tthe record keeper remains liable for an offence against subsection (2) or (3); and\n\t(b)\tthe 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.\n313—What record keeper must do if electronic work diary not in working order or malfunctioning\n\t(c)\tthe record keeper becomes aware of, or has reason to suspect, either of the following matters:\n\t(i)\tthat the electronic work diary is not in working order;\n\t(ii)\tthat 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.\n\t(2)\tThe 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.\n\t(3)\tThe record keeper must, after becoming aware of the matter or having reason to suspect the matter—\n\t(a)\tas soon as reasonably practicable, direct the driver in the approved form to use a supplementary record in compliance with section 305; and\n\t(b)\tas 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—\n\t(i)\tis accessible to the record keeper; and\n\t(ii)\trelates to any period during the last 28 days; and\n\t(iii)\tis 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\t(c)\twithin 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\t(d)\twithin a period required by the Regulator, ensure the electronic work diary is examined and brought into working order and is not malfunctioning.\n\t(4)\tSubsection (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\t(5)\tEach 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\t(6)\tIf the record keeper has engaged another person under a contract for services to comply with subsection (2) or (3) for the record keeper—\n\t(a)\tthe record keeper remains liable for an offence against subsection (2) or (3); and\n\t(b)\tthe 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\t(7)\tSubsection (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.\nExample for the purposes of subsection (7)—\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.\n","sortOrder":26},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Use of electronic work diaries","content":"Subdivision 5—Use of electronic work diaries\n314—How electronic work diary must be used\n\t(1)\tThis 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\t(2)\tThe driver must use the electronic work diary in a way complying with—\n\t(a)\tany 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\t(b)\tthe 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\t(3)\tThe 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).\n\t(4)\tIn 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—\n\t(a)\tthe specification was not integral to the effective operation of the electronic recording system; or\n\t(b)\twhat 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","sortOrder":27},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Extended liability","content":"Subdivision 6—Extended liability\n315—Ensuring driver complies with Subdivisions 1 to 4\n\t(1)\tEach 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.\nresponsible party, for the driver of a fatigue‑regulated heavy vehicle, means—\n\t(a)\tif the driver is an employed driver—an employer of the driver; or\n\t(b)\tif the driver is a self‑employed driver—a prime contractor of the driver; or\n\t(c)\tan operator of the vehicle; or\n\t(d)\ta scheduler for the vehicle.\nDivision 3—Records relating to drivers\nSubdivision 1—Preliminary\n316—Application of Division 3\nThis Division—\n\t(a)\tapplies in relation to each record keeper for the driver of a fatigue‑regulated heavy vehicle; and\n\t(b)\tif 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.\nExample for the purposes of paragraph (b)—\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.\n317—Who is a driver's record keeper\nThe following person is the record keeper for the driver of a fatigue‑regulated heavy vehicle:\n\t(a)\tif 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\t(b)\totherwise—\n\t(i)\tfor an employed driver of a fatigue‑regulated heavy vehicle—the driver's employer; or\n\t(ii)\tfor a self‑employed driver of a fatigue‑regulated heavy vehicle—the driver.\nSubdivision 2—Record keeping obligations relating to drivers undertaking 100km work under standard hours\n318—Application of Subdivision 2\nThis Subdivision applies in relation to the driver of a fatigue‑regulated heavy vehicle who is undertaking only 100km work under standard hours.\n319—Records record keeper must have\n\t(1)\tThe driver's record keeper must, unless the record keeper has a reasonable excuse—\n\t(a)\trecord the following information within the prescribed period:\n\t(i)\tthe driver's name and contact details;\n\t(ii)\tthe driver's current driver licence number and the jurisdiction in which the licence was issued;\n\t(iii)\tthe dates on which the driver drives a fatigue‑regulated heavy vehicle on a road;\n\t(iv)\tthe registration number for each fatigue‑regulated heavy vehicle the driver drives, being—\n\t(A)\tin the case of a vehicle that is not in a combination—that vehicle; or\n\t(B)\tin the case of a vehicle that is in a combination—the towing vehicle in the combination;\n\t(v)\tthe total of the driver's work times and rest times on each day on which the driver drives a fatigue‑regulated heavy vehicle;\n\t(vi)\tthe total of the driver's work times and rest times for each week during which the driver drives a fatigue‑regulated heavy vehicle;\n\t(vii)\tthe driver's rosters and trip schedules, including details of driver changeovers;\n\t(viii)\tthe location of the driver's base;\n\t(ix)\tif the location of the driver's base changes—the date on which the location changes; and\n\t(b)\tkeep a copy of payment records relating to the driver, including time sheet records if the driver is paid according to time at work.\n\t(2)\tA 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\t(3)\tIf the record keeper has engaged another person under a contract for services to comply with subsection (1) for the record keeper—\n\t(a)\tthe record keeper remains liable for an offence against subsection (1); and\n\t(b)\tthe other person is also liable for an offence against subsection (1) as if the other person were the record keeper mentioned in the subsection.\nprescribed period, for recording information mentioned in subsection (1) relating to the driver of a fatigue‑regulated heavy vehicle, means—\n\t(a)\tif 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\t(b)\tif the driver's record keeper is a person other than the driver—as soon as possible after the person receives the information.\n319A—General requirements about driver recording and giving information to record keeper\n\t(1)\tThis section applies if the driver's record keeper on a relevant day is a person other than the driver.\n\t(2)\tThe driver must, unless the driver has a reasonable excuse—\n\t(a)\twithin 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\t(b)\twithin 21 days after the relevant day, give the information mentioned in section 319(1) for that day to the driver's record keeper.\n\t(3)\tThe 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\t(4)\tThe 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—\n\t(a)\tin an electronic work diary used by the driver, the information in which is maintained by the record keeper; or\n\t(b)\tby the record keeper.\n\t(5)\tThe record keeper must, so far as is reasonably practicable, ensure the driver complies with subsection (2)(b).\n\t(6)\tIf the record keeper has engaged another person under a contract for services to comply with subsection (5) for the record keeper—\n\t(a)\tthe record keeper remains liable for an offence against subsection (5); and\n\t(b)\tthe other person is also liable for an offence against subsection (5) as if the other person were the record keeper mentioned in the subsection.\nrelevant day means a day on which the driver drives a fatigue‑regulated heavy vehicle on a road.\nSubdivision 3—Record keeping obligations relating to drivers undertaking 100+km work under standard hours or operating under BFM hours, AFM hours or exemption hours\n320—Application of Subdivision 3\nThis Subdivision applies in relation to the driver of a fatigue‑regulated heavy vehicle who is—\n\t(a)\tundertaking 100+km work under standard hours; or\n\t(b)\toperating under BFM hours, AFM hours or exemption hours.\n321—Records record keeper must have\n\t(1)\tThe driver's record keeper must, unless the record keeper has a reasonable excuse—\n\t(a)\trecord the following information within the prescribed period:\n\t(i)\tthe driver's name and contact details;\n\t(ii)\tthe driver's current driver licence number and the jurisdiction in which the licence was issued;\n\t(iii)\tthe driver's rosters and trip schedules, including details of driver changeovers; and\n\t(b)\tkeep a copy of all duplicate pages, if any, and other copies of work diary entries, including any entry made in a supplementary record—\n\t(i)\tgiven to the record keeper under section 322; or\n\t(ii)\tas required to be made by the record keeper as a self-employed driver under Division 2; and\n\t(c)\tkeep a copy of payment records relating to the driver, including time sheet records if the driver is paid according to time at work.\n\t(2)\tThe 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\t(3)\tIf 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:\n\t(a)\tthe 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\t(b)\tthe information required to be kept by the record keeper under the BFM standards and business rules or AFM standards and business rules.\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.\n\t(4)\tIf the record keeper has engaged another person under a contract for services to comply with subsection (1) or (3) for the record keeper—\n\t(a)\tthe record keeper remains liable for an offence against the subsection; and\n\t(b)\tthe 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\t(7)\tThis section does not apply to the record keeper for the driver of a fatigue‑regulated heavy vehicle who—\n\t(a)\tis exempt from the requirements of Division 2 under section 356; or\n\t(b)\tis 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.\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—\n\t(a)\tif 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\t(b)\tif the driver's record keeper is a person other than the driver—as soon as possible after the person receives the information.\n322—General requirements about driver giving information to record keeper\n\t(a)\tthe driver of a fatigue‑regulated heavy vehicle is required to record information in the driver's work diary under Division 2; and\n\t(b)\tthe driver's record keeper is a person other than the driver.\n\t(2)\tThe 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.\n\t(3)\tThe 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\t(4)\tThe record keeper must ensure, so far as is reasonably practicable, the driver complies with subsection (2).\n\t(5)\tIf the record keeper has engaged another person under a contract for services to comply with subsection (4) for the record keeper—\n\t(a)\tthe record keeper remains liable for an offence against subsection (4); and\n\t(b)\tthe other person is also liable for an offence against subsection (4) as if the other person were the record keeper mentioned in the subsection.\n323—Requirements about driver giving information to record keeper if driver changes record keeper\n\t(a)\tthe 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\t(b)\tthe driver changes record keepers; and\n\t(c)\tthe new record keeper is a person other than the driver.\n\t(2)\tThe 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.\n\t(3)\tThe new record keeper must ensure, so far as is reasonably practicable, the driver complies with subsection (2).\n\t(4)\tThe 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\t(5)\tIf the new record keeper has engaged another person under a contract for services to comply with subsection (3) for the new record keeper—\n\t(a)\tthe new record keeper remains liable for an offence against subsection (3); and\n\t(b)\tthe 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.\n324—Record keeper must give information from electronic work diary\n\t(a)\tthe driver of a fatigue‑regulated heavy vehicle is required to record information in the driver's work diary under Division 2; and\n\t(b)\tthe driver's record keeper is a person other than the driver; and\n\t(c)\tthe driver is using an electronic work diary supplied to the driver by the driver's record keeper.\n\t(2)\tIf 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.\n\t(3)\tIf the record keeper has engaged another person under a contract for services to comply with subsection (2) for the record keeper—\n\t(a)\tthe record keeper remains liable for an offence against subsection (2); and\n\t(b)\tthe other person is also liable for an offence against subsection (2) as if the other person were the record keeper mentioned in the subsection.\n324A—Record keeper must give record to driver if requested\n\t(a)\tthe driver of a fatigue-regulated heavy vehicle is required to record information in the driver's work diary under Division 2; and\n\t(b)\tthe driver's record keeper is a person other than the driver; and\n\t(c)\tthe driver requests a record held under this Division by the record keeper.\n\t(2)\tThe driver's record keeper must, as soon as reasonably practicable—\n\t(a)\tgive the driver a copy of the record, or make the record available to the driver; or\n\t(b)\tif 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.\nDivision 4—Provisions about false representations relating to work records\n325—False or misleading entries\n\t(1)\tA person must not record something in a work record that the person knows, or ought reasonably to know, is false or misleading.\nSee section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.\n\t(2)\tIn 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.\n326—When possessing, or recording information in, more than 1 work diary relating to the same period is prohibited\n\t(1)\tThe 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.\n\t(2)\tThe driver of a fatigue‑regulated heavy vehicle must not record information for the same period in—\n\t(a)\ta written work diary and an electronic work diary; or\n\t(b)\tmore 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 1 pm to 5 pm for A and from 6 pm to 11 pm for B.\nThe driver must record the information about the period between 1 pm and 5 pm in the written work diary kept for A, and the information for the period between 6 pm and 11 pm in the electronic work diary kept for B.\nThe driver must not record information about the period between 1 pm and 5 pm, or the period between 6 pm to 11 pm, in both the written work diary and electronic work diary.\n327—Possession of purported work records etc prohibited\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.\nSee section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.\n328—False representation about work records prohibited\nA person must not falsely represent that a work record was made by the person.\nDivision 5—Interfering with work records\nSubdivision 1—Work records generally\n329—Defacing or changing work records etc prohibited\nA person must not deface or change a work record that the person knows, or ought reasonably to know, is correct.\n1\tGiving a false or misleading document to an official is prohibited by section 702.\n2\tSee 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.\n3\tSee section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.\n330—Making entries in someone else's work records prohibited\n\t(1)\tA person must not make an entry in someone else's work record.\n\t(2)\tSubsection (1) does not apply to—\n\t(a)\ta person who—\n\t(i)\tmakes an entry in another person's work diary under a work diary exemption (permit) applying to the other person; and\n\t(ii)\tis nominated by the other person to make the entry; or\n\t(b)\tan authorised officer; or\n\t(c)\ta party to a two‑up driving arrangement—\n\t(i)\tsigning the written work diary of the other party to the arrangement; or\n\t(ii)\tmaking an entry in the other party's electronic work diary indicating the party's approval of the information recorded in the work diary.\n331—Destruction of particular work records prohibited\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.\nSee section 341 for the period for which record keepers for drivers of fatigue‑regulated heavy vehicles are required to keep particular work records.\n332—Offence to remove pages from written work diary\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.\nSubdivision 2—Approved electronic recording systems\n333—Application of Subdivision 2\nThis Subdivision applies to an approved electronic recording system constituting an electronic work diary or of which an electronic work diary is a part.\n334—Meaning of tamper\nTamper with an approved electronic recording system means—\n\t(a)\tengage in conduct that—\n\t(i)\tresults in the system, or a part of the system, malfunctioning; or\n\t(ii)\tcould result in the system, or a part of the system, malfunctioning; or\n\t(iii)\talters any of the data recorded by the system or a part of the system; or\n\t(iv)\tcould alter any of the data recorded by the system or a part of the system; or\n\t(v)\tresults in inaccurate information being recorded by the system or a part of the system; or\n\t(vi)\tcould result in inaccurate information being recorded by the system or a part of the system; or\n\t(b)\tengage 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).\n335—Person must not tamper with approved electronic recording system\n\t(1)\tA person must not tamper with an approved electronic recording system.\n\t(2)\tSubsection (1) does not apply to—\n\t(a)\tconduct 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\t(b)\tconduct associated with maintaining an approved electronic recording system; or\n\t(c)\tan authorised officer when exercising functions under this Law.\n\t(5)\tIn 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.\n336—Person using approved electronic recording system must not permit tampering with it\n\t(1)\tA person who uses an approved electronic recording system must not permit another person to tamper with the system.\nExamples of a person who uses an approved electronic recording system—\n\t•\ta driver of a heavy vehicle\n\t•\ta driver's record keeper\n336A—Reporting tampering or suspected tampering with electronic work diary\n\t(1)\tIf 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—\n\t(a)\twithin 2 business days; and\n\t(2)\tIf the record keeper has engaged another person under a contract for services to comply with subsection (1) for the record keeper—\n\t(a)\tthe record keeper remains liable for an offence against subsection (1); and\n\t(b)\tthe other person is also liable for an offence against subsection (1) as if the other person were the record keeper mentioned in the subsection.\n337—Intelligent access reporting entity must not permit tampering with approved electronic recording system\n\t(1)\tThis section applies if an approved electronic recording system is or is part of an approved intelligent transport system.\n\t(2)\tAn intelligent access program reporting entity for the approved intelligent transport system must not permit another person to tamper with the approved electronic recording system.\nDivision 6—Obtaining written work diary\n338—Form of written work diary\n\t(1)\tThis section states the requirements for written work diaries issued by the Regulator under this Division.\n\t(2)\tA written work diary must contain—\n\t(a)\ta unique identifying number for the work diary; and\n\t(b)\tsheets (daily sheets) that—\n\t(i)\tprovide for recording information daily; and\n\t(ii)\tare sequentially numbered; and\n\t(c)\t2 duplicates of each daily sheet; and\n\t(d)\ta duplicate of any application form contained in the work diary under subsection (3); and\n\t(e)\tinstructions for use of the work diary.\n\t(3)\tA written work diary may contain an application in the approved form for the issue of another work diary.\n\t(4)\tEach 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.\n339—Application for written work diary\n\t(1)\tThe driver of a fatigue‑regulated heavy vehicle may apply to the Regulator for a written work diary.\n\t(3)\tIf 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\t(4)\tIf the driver gives the existing written work diary to the Regulator, the Regulator must—\n\t(a)\tcancel any unused daily sheets in the written work diary; and\n\t(b)\treturn the written work diary to the driver when the Regulator issues the replacement written work diary to the driver.\n\t(5)\tIf the application is for a written work diary to replace a written work diary that has been destroyed, lost or stolen, the application must—\n\t(a)\tstate the previous work diary's number and that it has been destroyed, lost or stolen; and\n\t(b)\tbriefly outline the circumstances of the destruction, loss or theft.\n340—Issue of written work diary\n\t(1)\tThe Regulator must issue a written work diary to the driver of a fatigue‑regulated heavy vehicle if the driver—\n\t(a)\tapplies for the work diary under section 339; and\n\t(b)\tidentifies himself or herself by showing his or her current driver licence to the Regulator; and\n\t(c)\tpays the prescribed fee for the issue of the work diary.\n\t(2)\tIf 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\t(3)\tThe Regulator may make other notes on the written work diary the Regulator considers appropriate.\nDivision 7—Requirements about records record keeper must make or keep\nIn the Heavy Vehicle National Law set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland, this Division is numbered Division 6A.\n341—Period for which, and way in which, records must be kept\n\t(1)\tThe 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—\n\t(a)\tfor a record made by the record keeper—the day the record keeper makes the record; or\n\t(b)\tfor another record—the day the record keeper receives the record.\n\t(2)\tThe 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 9 or Division 10, 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—\n\t(a)\tfor a record made by the record keeper—the day the record keeper makes the record; or\n\t(b)\tfor another record—the day the record keeper receives the record.\n\t(3)\tExcept 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.\n\t(4)\tIf 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.\n\t(5)\tThe record keeper must, unless the record keeper has a reasonable excuse, keep the record or copy in a way that ensures it is—\n\t(a)\treadable and reasonably capable of being understood; and\n\t(b)\tcapable 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.\n\t(6)\tA 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\t(7)\tIf 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—\n\t(a)\tif 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\t(b)\tthe 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\t(8)\tIf 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—\n\t(a)\tthe record keeper remains liable for an offence against the subsection; and\n\t(b)\tthe other person is also liable for an offence against the subsection as if the other person were the record keeper mentioned in the subsection.\nDivision 8—Approval of electronic recording systems\nIn the Heavy Vehicle National Law set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland, this Division is numbered Division 7.\nSubdivision 1—Approval of electronic recording systems\n342—Application for approval of electronic recording system\n\t(1)\tA person may apply to the Regulator for the approval of an electronic recording system.\nExamples of persons who may apply for an approval under this section—\n\t•\tmanufacturers of electronic recording systems\n\t•\toperators of fatigue‑regulated heavy vehicles\n\t•\tdrivers of fatigue‑regulated heavy vehicles\n343—Deciding application for approval\n\t(1)\tThe Regulator must, as soon as practicable after receiving an application for an electronic recording system approval—\n\t(a)\tgrant the approval, with or without conditions about the use or maintenance of the electronic recording system to which the approval relates; or\n\t(b)\trefuse the application.\n\t(2)\tThe Regulator may approve an electronic recording system only if the Regulator is satisfied the system—\n\t(a)\tis suitable or has a part that is suitable for fitting to, or for use in, a fatigue‑regulated heavy vehicle; and\n\t(b)\thas 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\t(c)\tis capable of—\n\t(i)\taccurately 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\t(ii)\taccurately recording any other information the driver is required by this Law to record in a work diary; and\n\t(d)\tif 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:\n\t(i)\tall of the information mentioned in paragraph (c) can be accurately monitored or recorded for each of the drivers;\n\t(ii)\tthe 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\t(iii)\tthe name of the driver in relation to whom details are recorded is shown whenever the details are accessed;\n\t(iv)\t1 of the drivers cannot 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\t(e)\thas 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, cannot 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\t(f)\tis 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\t(g)\thas 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\t(h)\tis 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\t(i)\tis 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—\n\t(i)\tis readily accessible by the officer; and\n\t(ii)\tis reasonably capable of being understood by the officer; and\n\t(iii)\tcan be used as evidence.\n\t(3)\tIn deciding whether or not to grant the approval, the Regulator must have regard to the approved guidelines for granting electronic recording system approvals.\n\t(4)\tAn approved electronic recording system may be, or be a part of, an approved intelligent transport system.\n344—Steps after decision to grant approval\n\t(1)\tIf the Regulator grants an approval under section 343, the Regulator must give the applicant a numbered certificate of approval.\n\t(2)\tIf the Regulator imposes conditions on the approval, the certificate of approval given to the applicant must state the conditions.\n\t(3)\tIf 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.\n345—Steps after decision to refuse application\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.\n346—Effect of approval\n\t(1)\tAn electronic recording system approval granted under this Subdivision applies to any system identical to the system given to the Regulator for approval.\n\t(2)\tThe conditions imposed on the approval under section 343, or Subdivision 3, apply to each identical system to which the approval applies.\nSubdivision 2—Using unapproved electronic recording system\n347—Prohibition on using electronic work diary if it is not, and is not a part of, an approved electronic recording system\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.\nSee section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.\nSubdivision 3—Amendment or cancellation of approval\n351—Amendment or cancellation of approval on application\n\t(1)\tThe holder of an electronic recording system approval may apply to the Regulator for an amendment or cancellation of the approval.\n\t(c)\tif the application is for an amendment of the approval, state clearly the amendment sought and outline the reasons for the application; and\n\t(d)\tbe accompanied by the certificate of approval for the approval.\n\t(3)\tThe 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\t(c)\tif the Regulator amended the approval, the Regulator must give the applicant a replacement certificate of approval for the approval as amended.\n\t(6)\tIf the Regulator decides not to amend or cancel the approval as sought by the applicant, the Regulator must—\n\t(b)\treturn the certificate of approval for the approval to the applicant.\ncertificate of approval, for an electronic recording system approval, means the certificate of approval issued by the Regulator under section 344 for the approval.\n352—Amendment or cancellation of approval on Regulator's initiative\n\t(1)\tEach of the following is a ground for amending or cancelling an electronic recording system approval:\n\t(a)\tthe approval was granted because of a document or representation that was—\n\t(b)\tsince 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\t(2)\tIf 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—\n\t(d)\tif the proposed action is to amend the approval (including a condition of the approval)—stating the proposed amendment; and\n\t(e)\tinviting 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\t(3)\tIf, 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—\n\t(a)\tif 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\t(b)\tif the proposed action was to cancel the approval—\n\t(i)\tamend the approval, including, for example, by imposing additional conditions on the approval; or\n\t(ii)\tcancel the approval.\n353—Minor amendment of approval\nThe Regulator may, by notice given to the holder of an electronic recording system approval, amend the approval in a minor respect—\n354—Requirements if approval amended\n\t(1)\tThis section applies if, under this Subdivision—\n\t(a)\tthe 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\t(b)\tin 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\t(2)\tThe 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\t(3)\tIf the Regulator gives the holder of the approval a direction under subsection (2), the holder must comply with the direction.\n\t(4)\tWith 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:\n\t(a)\tby notice published in a newspaper stated by the Regulator;\n\t(b)\tby notice published in a journal or newsletter stated by the Regulator;\n\t(c)\ton a website stated by the Regulator.\n\t(5)\tIf, 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.\nExample for the purposes of subsection (5)—\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.\n\t(6)\tNothing 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.\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.\n355—Requirements if approval cancelled\n\t(1)\tThis section applies if, under this Subdivision, the Regulator notifies the holder of an electronic recording system approval that the approval has been cancelled.\n\t(2)\tIf 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.\n\t(3)\tThe 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\t(4)\tIf the Regulator gives the holder of the approval a direction under subsection (3), the holder must comply with the direction.\n\t(5)\tWith 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:\n\t(a)\tby notice published in a newspaper stated by the Regulator;\n\t(b)\tby notice published in a journal or newsletter stated by the Regulator;\n\t(c)\ton a website stated by the Regulator.\n\t(6)\tIf, 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.\nExample for the purposes of subsection (6)—\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.\n\t(7)\tNothing 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.\nholder, of an electronic recording system approval that has been cancelled, means the person who, immediately before the cancellation took effect, held the approval.\n","sortOrder":28},{"sectionNumber":"Div 9","sectionType":"division","heading":"Exemptions from work diary requirements","content":"Division 9—Exemptions from work diary requirements\nIn the Heavy Vehicle National Law set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland, this Division is numbered Division 8.\n356—Emergency services exemption\n\t(1)\tA 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\t(2)\tA 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\t(3)\tA 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.\nemergency means an event, or an anticipated event, that—\n\t(a)\tendangers, or may endanger, life, property or the environment; or\n\t(b)\thas disrupted, or may disrupt, communications, energy supply, water supply or sewerage services; or\n\t(c)\tis declared to be an emergency or disaster by—\n\t(i)\tthe Commonwealth or a State or Territory; or\n\t(ii)\ta Commonwealth or State or Territory authority responsible for managing responses to emergencies or disasters;\nExamples of an emergency—\nfire, explosion or natural disaster\nemergency service means an entity that has a statutory responsibility to respond to an emergency and includes the following:\n\t(a)\tan ambulance service;\n\t(b)\ta fire brigade, including a volunteer fire brigade;\n\t(c)\ta police force or police service;\n\t(d)\ta disaster or emergency organisation of the Commonwealth or a State or Territory.\n357—Regulator's power to exempt particular drivers from work diary requirements\n\t(1)\tThe 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 Subdivision 1 to Subdivision 5 of Division 2 for the work.\n\t(2)\tAn exemption under subsection (1) is a work diary exemption (notice).\n358—Restriction on grant of work diary exemption (notice)\n\t(1)\tThe Regulator may grant a work diary exemption (notice) only if the Regulator is satisfied—\n\t(a)\trequiring the drivers to whom the exemption is to apply to comply with Subdivision 1 to Subdivision 5 of Division 2 would be an unreasonable restriction on operations conducted by the drivers; and\n\t(b)\tthe class of work to which the exemption is to apply will not pose—\n\t(i)\ta significant risk to public safety; or\n\t(ii)\ta significant risk of the drivers to whom the exemption is to apply driving on a road while impaired by fatigue.\n\t(2)\tIn 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.\n359—Conditions of work diary exemption (notice)\nA work diary exemption (notice) may be subject to any conditions the Regulator considers appropriate, including, for example—\n\t(a)\tconditions about recording information about the work to which the exemption applies; and\n\t(b)\ta 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—\n360—Period for which work diary exemption (notice) applies\nA work diary exemption (notice)—\n361—Requirements about Commonwealth Gazette notice\n\t(1)\tA Commonwealth Gazette notice for a work diary exemption (notice) must state the following:\n\t(a)\tthe class of work to which the exemption applies;\n\t(b)\tthat drivers of fatigue‑regulated heavy vehicles who carry out the class of work are exempt from the requirement to comply with Subdivision 1 to Subdivision 5 of Division 2 for the work;\n362—Amendment or cancellation of work diary exemption (notice)\n\t(1)\tIt 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\t(2)\tIf 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\t(a)\tstating that the Regulator believes a ground exists to amend or cancel the exemption; and\n\t(d)\tinviting 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\t(4)\tIf, 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—\n\t(a)\tif 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—\n\t(i)\tamending the class of work to which the exemption applies; or\n\t(ii)\tamending the conditions of the exemption; or\n\t(i)\tamend the exemption, including, for example, by amending the exemption in a way mentioned in paragraph (a)(i) or (ii); or\n363—Regulator's power to exempt driver of fatigue‑regulated heavy vehicle from work diary requirement\n\t(1)\tThe 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 Subdivision 1 to Subdivision 5 of Division 2.\n\t(2)\tAn exemption under subsection (1) is a work diary exemption (permit).\n364—Application for work diary exemption (permit)\n\t(1)\tThe 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\t(ii)\tany conditions for the exemption sought by the applicant; and\n\t(c)\tnominate a person (the nominee) to make written work records for the driver; and\n\t(d)\tbe accompanied by the nominee's written agreement to the nomination; and\n\t(e)\tbe accompanied by the prescribed fee for the application.\n\t(3)\tAn employer of the driver of a fatigue‑regulated heavy vehicle may make an application under subsection (1) on behalf of the driver.\n\t(4)\tThe 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.\n365—Restriction on grant of work diary exemption (permit)\n\t(1)\tThe Regulator may grant a work diary exemption (permit) only if the Regulator is satisfied—\n\t(a)\tthe driver cannot make records in the driver's work diary because of the driver's inadequate English literacy; and\n\t(b)\tthe nominee for the driver will be able to make records that are no less complete or accurate than records made under Subdivision 1 to Subdivision 5 of Division 2; and\n\t(c)\tthe driver works only under standard hours.\n\t(2)\tIn 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.\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.\n366—Conditions of work diary exemption (permit)\n\t(1)\tA 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\t(2)\tA work diary exemption (permit) may be subject to any other conditions the Regulator considers appropriate, including, for example, conditions about—\n\t(a)\tthe 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\t(b)\thow the records are to be made.\n367—Period for which work diary exemption (permit) applies\n\t(1)\tA work diary exemption (permit) applies for the period stated in the permit for the exemption.\n\t(2)\tThe period may be less than the period sought by the applicant for the work diary exemption (permit).\n368—Permit for work diary exemption (permit) etc\n\t(1)\tIf the Regulator grants a work diary exemption (permit) to a person, the Regulator must give the person—\n\t(b)\tif 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\t(2)\tA permit for a work diary exemption (permit) must state the following:\n\t(a)\tthe name of the driver of a fatigue‑regulated heavy vehicle to whom the permit is given;\n\t(b)\tthe name of the nominee for the driver;\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.\n369—Refusal of application for work diary exemption (permit)\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.\n370—Amendment or cancellation of work diary exemption (permit) on application by permit holder\n\t(1)\tThe holder of a permit for a work diary exemption (permit) may apply to the Regulator for an amendment or cancellation of the exemption.\n\t(d)\tif 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\t(e)\tbe accompanied by the permit.\n\t(3)\tThe 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\t(c)\tif the Regulator amends the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended.\n\t(6)\tIf the Regulator decides not to amend or cancel the work diary exemption (permit), as sought by the applicant, the Regulator must—\n371—Amendment or cancellation of work diary exemption (permit) on Regulator's initiative\n\t(1)\tEach of the following is a ground for amending or cancelling a work diary exemption (permit):\n\t(b)\tthe person to whom the exemption is granted has contravened this Law or a corresponding fatigue law;\n\t(c)\tthe nominee has contravened a condition of the exemption;\n\t(d)\tsince 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\t(2)\tIf 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—\n\t(d)\tif the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and\n\t(e)\tinviting 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\t(3)\tIf, 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—\n\t(a)\tif 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\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.\n372—Minor amendment of work diary exemption (permit)\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—\n373—Return of permit\n\t(1)\tIf 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\t(2)\tThe 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.\n\t(3)\tIf the exemption has been amended, the Regulator must give the person a replacement permit for the exemption as amended.\n374—Replacement of defaced etc permit\n\t(1)\tIf 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.\n\t(2)\tIf 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\t(3)\tIf the Regulator decides not to give a replacement permit to the person, the Regulator must give the person an information notice for the decision.\nSubdivision 4—Operating under work diary exemption\n375—Contravening condition of work diary exemption\nA person must not contravene a condition of a work diary exemption.\n376—Keeping relevant document while operating under work diary exemption (notice)\n\t(1)\tThis 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\t(2)\tA driver of the fatigue‑regulated heavy vehicle who is operating under the work diary exemption (notice) must comply with the condition.\n\t(3)\tEach 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.\nrelevant document, for a work diary exemption (notice), means a copy of—\nrelevant party, for the driver of a fatigue-regulated heavy vehicle, means—\n\t(b)\ta prime contractor of the driver if the driver is a self-employed driver; or\n377—Keeping permit or copy while operating under work diary exemption (permit)\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.\n","sortOrder":29},{"sectionNumber":"Div 10","sectionType":"division","heading":"Exemptions from fatigue record keeping requirements of Division 3","content":"Division 10—Exemptions from fatigue record keeping requirements of Division 3\nIn the Heavy Vehicle National Law set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland, this Division is numbered Division 8A.\nSubdivision 1—Exemptions by Commonwealth Gazette notice\n378—Regulator's power to exempt record keepers from fatigue record keeping requirements\n\t(1)\tThe 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\t(2)\tAn exemption under subsection (1) is a fatigue record keeping exemption (notice).\n\t(3)\tIn 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.\n379—Conditions of fatigue record keeping exemption (notice)\nA fatigue record keeping exemption (notice)—\n\t(a)\tis subject to conditions prescribed by the national regulations for the exemption; and\n\t(i)\tconditions about recording information about the work to which the exemption applies; and\n\t(ii)\ta 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—\n\t(A)\ta copy of the Commonwealth Gazette notice for the exemption; or\n\t(B)\ta stated document or stated kind of document relating to the exemption.\n380—Period for which fatigue record keeping exemption (notice) applies\nA fatigue record keeping exemption (notice)—\n381—Requirements about Commonwealth Gazette notice\n\t(1)\tA Commonwealth Gazette notice for a fatigue record keeping exemption (notice) must state the following:\n\t(a)\tthe class of work to which the exemption applies;\n\t(b)\tthat 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;\n382—Amendment or cancellation of fatigue record keeping exemption (notice)\n\t(1)\tIt 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\t(2)\tIf 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\t(a)\tstating that the Regulator believes a ground exists to amend or cancel the exemption; and\n\t(d)\tinviting 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\t(4)\tIf, 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—\n\t(a)\tif 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—\n\t(i)\tamending the class of work to which the exemption applies; or\n\t(ii)\tamending the conditions of the exemption; or\n\t(i)\tamend the exemption, including, for example, by amending the exemption in a way mentioned in paragraph (a)(i) or (ii); or\nSubdivision 2—Exemptions by permit\n383—Regulator's power to exempt record keepers from fatigue record keeping requirements\n\t(1)\tThe 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\t(2)\tAn exemption under subsection (1) is a fatigue record keeping exemption (permit).\n\t(3)\tThe 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\t(4)\tThe Regulator may grant a fatigue record keeping exemption (permit)—\n\t(a)\tin a way that does not cover all the drivers sought by the applicant; or\n\t(b)\tsetting conditions different from those sought by the applicant.\n384—Application for fatigue record keeping exemption (permit)\n\t(1)\tThe record keeper for a driver of a fatigue-regulated heavy vehicle may apply to the Regulator for a fatigue record keeping exemption (permit).\n\t(ii)\tany conditions for the exemption sought by the applicant;\n\t(iii)\tthe name and details of each driver of a fatigue-regulated heavy vehicle to whom the exemption sought is to apply;\n\t(iv)\tany other details prescribed by the national regulations; and\n\t(c)\tbe accompanied by the prescribed fee for the application.\n\t(3)\tThe 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\t(4)\tIn 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.\n385—Conditions of fatigue record keeping exemption (permit)\nA fatigue record keeping exemption (permit)—\n\t(a)\tis subject to conditions prescribed by the national regulations for the exemption; and\n\t(i)\ta 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\t(ii)\ta condition about how the records are to be made; and\n\t(iii)\ta 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—\n\t(A)\tthe permit for the exemption; or\n\t(B)\ta stated document or stated kind of document relating to the exemption.\n386—Period for which fatigue record keeping exemption (permit) applies\n\t(1)\tA fatigue record keeping exemption (permit) applies for the period stated in the permit for the exemption.\n\t(2)\tThe period may be less than the period sought by the applicant for the fatigue record keeping exemption (permit).\n387—Permit for fatigue record keeping exemption (permit) etc\n\t(1)\tIf the Regulator grants a fatigue record keeping exemption (permit) to a person, the Regulator must give the person—\n\t(b)\tif 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\t(2)\tA permit for a fatigue record keeping exemption (permit) must state the following:\n\t(a)\tthe name of the drivers of fatigue-regulated heavy vehicles to whom the permit applies;\n\t(b)\tthe conditions of the exemption;\n\t(c)\tthe period for which the exemption applies.\n388—Refusal of application for fatigue record keeping exemption (permit)\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.\n389—Amendment or cancellation of fatigue record keeping exemption (permit) on application by permit holder\n\t(1)\tThe 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\t(3)\tThe 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\t(c)\tif the Regulator amended the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended.\n390—Amendment or cancellation of fatigue record keeping exemption (permit) on Regulator's initiative\n\t(1)\tEach of the following is a ground for amending or cancelling a fatigue record keeping exemption (permit):\n\t(b)\tthe holder of the permit for the exemption has contravened this Law or a corresponding fatigue law;\n\t(c)\ta driver of a fatigue-regulated heavy vehicle to whom the exemption applies has contravened this Law or a corresponding fatigue law;\n\t(d)\tsince 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\t(2)\tIf 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—\n\t(d)\tif the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and\n\t(e)\tinviting 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\t(3)\tIf, 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—\n\t(a)\tif 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\n391—Minor amendment of fatigue record keeping exemption (permit)\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—\n392—Return of permit\n\t(1)\tIf 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\t(2)\tThe 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.\n\t(3)\tIf the exemption has been amended, the Regulator must give the person a replacement permit for the exemption as amended.\n393—Replacement of defaced etc permit\n\t(1)\tIf 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.\n\t(2)\tIf 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\t(3)\tIf the Regulator decides not to give a replacement permit to the person, the Regulator must give the person an information notice for the decision.\nSubdivision 3—Exemptions by national regulations\n394—Exemptions from provisions of Division 3\n\t(1)\tThe 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\t(2)\tWithout limiting subsection (1), the national regulations may prescribe matters about—\n\t(a)\tone or more classes of record keepers for which an exemption is to apply; and\n\t(b)\tone or more classes of drivers of fatigue-regulated heavy vehicles for which an exemption is to apply; and\n\t(c)\tconditions to which an exemption is to be subject.\nSubdivision 4—Other provisions\n395—Contravening condition of fatigue record keeping exemption\nA person must not contravene a condition of a fatigue record keeping exemption.\n","sortOrder":30},{"sectionNumber":"Div 11","sectionType":"division","heading":"Requirements about odometers","content":"Division 11—Requirements about odometers\nIn the Heavy Vehicle National Law set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland, this Division is numbered Division 9.\n396—Owner must maintain odometer\n\t(1)\tThe national regulations may require the fitting and maintenance of an odometer to a fatigue-regulated heavy vehicle.\n\t(2)\tAn 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.\n397—Driver must report malfunctioning odometer\n\t(1)\tThis 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\t(2)\tThe driver must inform the following persons of the matter within 2 business days:\n\t(a)\teach owner of the vehicle;\n\t(b)\tthe driver's employer if the driver is an employed driver;\n\t(c)\teach operator of the vehicle.\n\t(3)\tSubsection (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.\n398—What owner must do if odometer malfunctioning\n\t(1)\tThis 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\t(2)\tThe owner must, as soon as reasonably practicable after being informed of the matter, ensure the odometer is examined and brought into working order.\n399—What employer or operator must do if odometer malfunctioning\n\t(1)\tThis 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\t(2)\tThe 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.\nChapter 7—Intelligent Access Program\n400—Main purposes of Chapter 7\n\t(1)\tThe main purposes of this Chapter are—\n\t(a)\tto ensure the integrity of systems used for compliance with intelligent access program conditions; and\n\t(b)\tto provide for appropriate collection, keeping and handling of intelligent access program information.\n\t(2)\tThe purpose mentioned in subsection (1)(a) is achieved by—\n\t(a)\trequiring particular entities to report relevant contraventions for intelligent access program vehicles; and\n\t(b)\trequiring particular entities to report tampering or suspected tampering with, or malfunctioning of, approved intelligent transport systems; and\n\t(c)\tprohibiting persons from tampering with approved intelligent transport systems; and\n\t(d)\tgiving particular entities functions and powers to audit the activities of intelligent access program service providers.\n\t(3)\tThe purpose mentioned in subsection (1)(b) is achieved by—\n\t(a)\tallowing entities to collect, hold, use and disclose intelligent access program information for only limited purposes and subject to restrictions; and\n\t(b)\trequiring entities with monitoring or auditing functions to ensure intelligent access program information collected is accurate, complete and up to date; and\n\t(c)\trequiring 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\t(d)\tproviding for persons about whom an entity holds personal information to have access to the information and have it corrected in appropriate circumstances.\n401—What the Intelligent Access Program is\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.\n402—Application of Chapter 7\n\t(1)\tThis 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):\n\t(a)\ta condition about the areas or routes to which the authority applies;\n\t(b)\tconditions about the use of a heavy vehicle on a road under the authority, including, for example, conditions about one or more of the following:\n\t(i)\tthe 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\t(ii)\tthe times when the vehicle may be used on the road under the authority;\n\t(iii)\tthe maximum speed at which the vehicle may be driven on the road under the authority;\n\t(c)\tconditions that—\n\t(i)\ta 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\t(ii)\tany noncompliance reports made by the system are sent to the Regulator within a stated period.\n\t(2)\tThis 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—\n\t(a)\teither or both of the following is monitored by an approved intelligent transport system used by an intelligent access program service provider:\n\t(i)\tthe roads on which the vehicle is used under the higher mass limits;\n\t(ii)\tthe 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:\n\t(A)\tthe times when the vehicle may be driven on the road under the higher mass limits;\n\t(B)\tthe maximum speed at which the vehicle may be driven on the road under the higher mass limits; and\n\t(b)\tany noncompliance reports made by the system are sent to the Regulator within a stated period.\n403—Definitions for Chapter 7\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;\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;\nintelligent access program audit means the process of doing 1 or more of the following:\n\t(a)\treviewing 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\t(b)\treviewing 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\t(c)\texamining how intelligent access program information held by an intelligent access program service provider is used and disclosed by the service provider;\n\t(d)\texamining an approved intelligent transport system;\nintelligent access program conditions has the meaning given by section 402;\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;\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;\nintelligent access program vehicle means a heavy vehicle—\n\t(a)\tfor which a mass or dimension exemption is in force with intelligent access program conditions (as referred to in section 402(1)); or\n\t(b)\tfor which an HML authority is in force with intelligent access program conditions (as referred to in section 402(2));\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—\n\t(a)\tceases to work at all, or works only intermittently; or\n\t(b)\tdoes not perform one or more functions required under the Intelligent Access Program; or\n\t(c)\tperforms a function mentioned in paragraph (b)—\n\t(i)\tonly intermittently; or\n\t(ii)\tin 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:\n\t(a)\ta relevant contravention for an intelligent access program vehicle;\n\t(b)\tapparent tampering with, or malfunctioning of, the system;\npersonal information means personal information that is intelligent access information or otherwise collected for the purposes of this Chapter;\nSee also definition personal information in section 5.\nrelevant contravention means—\n\t(a)\tfor 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\t(b)\tfor an intelligent access program vehicle used under the higher mass limits—\n\t(i)\tthe vehicle's use under the higher mass limits on a road to which the higher mass limits do not apply; or\n\t(ii)\tthe vehicle's contravention of a condition about the use of the vehicle on a road under the higher mass limits;\nrelevant monitoring matters means—\n\t(a)\tfor 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\t(b)\tfor 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—\n\t(a)\tthe system is changed; or\n\t(b)\tthe system is installed or used in a way that is not in accordance with the conditions of its approval by TCA; or\n\t(c)\tany operating software that the system uses internally is changed.\nPart 2—Duties and obligations of operators of intelligent access program vehicles\n404—Offence to give false or misleading information to intelligent access service provider\n\t(1)\tThe operator of an intelligent access program vehicle commits an offence if—\n\t(a)\tthe 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\t(b)\tthe information is relevant to the use of the vehicle; and\n\t(c)\tthe operator knows, or ought reasonably to know, the information is false or misleading.\nSee section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.\n\t(2)\tSubsection (1) does not apply if the operator gives the information in writing and, when giving the information—\n\t(a)\ttells the intelligent access program service provider, to the best of the operator's ability, how it is false or misleading; and\n\t(b)\tif the operator has, or can reasonably obtain, the correct information—gives the correct information in writing.\n\t(3)\tWithout 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\t(4)\tThe operator of a heavy vehicle commits an offence if—\n\t(a)\tthe operator gives information to an intelligent access program service provider; and\n\t(b)\tthe 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\t(c)\tthe operator knows, or ought reasonably to know, the information is false or misleading.\nSee section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.\n\t(5)\tSubsection (4) does not apply if the operator gives the information in writing and, when giving the information—\n\t(a)\ttells the intelligent access program service provider, to the best of the operator's ability, how it is false or misleading; and\n\t(b)\tif the operator has, or can reasonably obtain, the correct information—gives the correct information in writing.\n\t(6)\tIn 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.\n405—Advising vehicle driver of collection of information by intelligent access service provider\n\t(1)\tThe 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:\n\t(a)\tthat the vehicle will be monitored by an intelligent access program service provider;\n\t(b)\tthat this Chapter provides for the collection of information by the intelligent access program service provider;\n\t(c)\tthe information that will be collected by the intelligent access program service provider;\n\t(d)\tthe purposes for which the information will be collected;\n\t(e)\tthe entities to whom the information collected may be disclosed;\n\t(f)\tthat, 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\t(g)\thow the rights mentioned in paragraph (f) can be exercised;\n\t(h)\tthe name and address of the intelligent access program service provider.\n\t(2)\tThe operator of an intelligent access program vehicle is taken to comply with subsection (1) if the operator—\n\t(a)\tgives 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\t(b)\tincludes the information mentioned in the subsection in a written contract of employment between the operator and the intelligent access program vehicle's driver.\n\t(3)\tThe national regulations may prescribe—\n\t(a)\ta form of notice that may be used under subsection (2)(a); and\n\t(b)\tfor subsection (2)(b), a standard form of words that may be used as part of a written contract of employment.\n406—Reporting system malfunctions to Regulator\n\t(1)\tIf 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.\n\t(2)\tThe operator must keep, for at least 4 years, a written record of a report of a malfunction under subsection (1), containing the following particulars:\n\t(a)\tthe type of malfunction to which the report relates;\n\t(b)\tthe date and time the operator became aware of the malfunction;\n\t(c)\tthe location of the vehicle when the operator became aware of the malfunction;\n\t(d)\tthe date and time the report was made;\n\t(e)\tthe location of the vehicle when the report was made;\n\t(f)\tthe way, in person or by radio, telephone, fax or email, that the report was made;\n\t(g)\tthe 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\t(h)\tthe name of the individual to whom the report was made.\n407—Advising driver of driver's obligations about reporting system malfunctions\n\t(1)\tThe 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—\n\t(a)\tabout the vehicle driver's obligation under section 408; and\n\t(b)\thow the vehicle's driver can make the reports required by that obligation.\n\t(2)\tThe operator of an intelligent access program vehicle is taken to comply with subsection (1) if the operator—\n\t(a)\tgives 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\t(b)\tincludes the information mentioned in the subsection in a written contract of employment between the operator and the vehicle's driver.\n\t(3)\tThe national regulations may prescribe—\n\t(a)\ta form of notice that may be used under subsection (2)(a); and\n\t(b)\tfor the purposes of subsection (2)(b), a standard form of words that may be used as part of a written contract of employment.\nPart 3—Obligations of drivers of intelligent access program vehicles\n408—Reporting system malfunctions to operator\n\t(1)\tIf 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.\n\t(2)\tThe driver must keep, for at least 4 years, a written record of a report of a malfunction under subsection (1), containing the following particulars:\n\t(a)\tthe type of malfunction to which the report relates;\n\t(b)\tthe date and time the driver became aware of the malfunction;\n\t(c)\tthe location of the vehicle when the driver became aware of the malfunction;\n\t(d)\tthe date and time the report was made;\n\t(e)\tthe location of the vehicle when the report was made;\n\t(f)\tthe way, in person or by radio, telephone, fax or email, that the report was made;\n\t(g)\tthe driver's name;\n\t(h)\tthe name of the individual to whom the report was made.\n\t(3)\tSubsection (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.\nPart 4—Powers, duties and obligations of intelligent access program service providers\n409—Powers to collect and hold intelligent access program information\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.\n410—Collecting intelligent access information\n\t(1)\tAn intelligent access program service provider must ensure, so far as is reasonably practicable, the intelligent access program information the service provider collects—\n\t(2)\tAn 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.\n411—Keeping records of intelligent access program information collected\n\t(1)\tAn 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.\n\t(2)\tRecords 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.\n412—Protecting intelligent access program information\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.\n413—Making individuals aware of personal information held\n\t(1)\tAn 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.\nExamples of how a document is made publicly available—\n\t•\tmaking a document available at the service provider's office\n\t•\tmaking a document available on the service provider's website\n\t(2)\tIf 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:\n\t(a)\tthe kind of information the service provider holds about the individual;\n\t(c)\tthe way in which the service provider collects, holds, uses and discloses the information;\n\t(d)\tthe entities to whom the information may be disclosed;\n\t(e)\tthat, 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\t(f)\thow the rights mentioned in paragraph (e) can be exercised.\n\t(3)\tSubsection (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.\n414—Giving individuals access to their personal information\n\t(1)\tAn 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.\n\t(2)\tSubsection (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.\n415—Correcting errors etc\n\t(1)\tThis 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\t(2)\tThe 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.\n\t(3)\tIf 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\t(4)\tIf, under subsection (3), an intelligent access program service provider refuses to comply with an individual's request under subsection (1), the service provider must—\n\t(a)\tgive the individual a notice stating—\n\t(i)\tthe service provider's reasons for refusing; and\n\t(ii)\tthat 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\t(b)\tif asked by the individual, attach to or include with the personal information the request or a record of the request.\n416—General restriction on use and disclosure of intelligent access program information\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.\n417—Giving intelligent access program auditor access to records\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.\n418—Powers to use and disclose intelligent access program information\n\t(1)\tAn intelligent access program service provider may use intelligent access program information for monitoring the relevant monitoring matters for an intelligent access program vehicle.\n\t(2)\tAn intelligent access program service provider may disclose intelligent access program information to the Regulator for compliance purposes.\n\t(3)\tAn intelligent access program service provider may disclose intelligent access program information to—\n\t(a)\tan authorised officer, other than a police officer, for law enforcement purposes if so authorised by a warrant issued under this Law; or\n\t(b)\tan 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\t(4)\tIf 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—\n\t(a)\tthe officer believes the use or disclosure is reasonably necessary for law enforcement purposes; or\n\t(b)\tthe use or disclosure is otherwise authorised under this Law or any other law.\n\t(5)\tAn intelligent access program service provider may disclose intelligent access program information about an operator of an intelligent access program vehicle to the operator.\n\t(6)\tSubsection (5) does not apply to the following:\n\t(a)\ta noncompliance report about an intelligent access program vehicle operated by the operator;\n\t(b)\tinformation that a noncompliance report has been made about an intelligent access program vehicle operated by the operator;\n\t(c)\tinformation disclosed under the authority of a warrant as referred to in subsection (3).\n\t(7)\tAn 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—\n\t(a)\tdoes not identify any individual other than the operator; and\n\t(b)\tcontains nothing by which the identity of any individual, other than the operator, can reasonably be found out.\n\t(8)\tAn 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\t(9)\tThis section is subject to section 424.\n419—Keeping record of use or disclosure of intelligent access program information\n\t(1)\tIf 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—\n\t(b)\tis in a form that ensures the record is readily accessible by an intelligent access program auditor at the place where it is kept.\n\t(a)\tthe 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\t(c)\tfor 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\t(d)\tfor 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\t(e)\tthe provision of this Law or another law the intelligent access program service provider believes authorises the use or disclosure;\n\t(f)\tif 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\t(3)\tAn intelligent access program service provider must keep a record made under this section for at least 2 years.\n420—Keeping noncompliance report\n\t(1)\tThis section applies if a noncompliance report is made by an approved intelligent transport system operated by an intelligent access program service provider.\n\t(2)\tThe intelligent access program service provider must keep the following for at least 4 years after the noncompliance report is made:\n\t(a)\ta copy of the report;\n\t(b)\tthe information relied on to make the report.\nExample of information that could be relied on to make a noncompliance report—\nGPS information about a vehicle's position at a particular time\n421—Destroying intelligent access program information\n\t(1)\tAn intelligent access program service provider must ensure, so far as is reasonably practicable—\n\t(a)\tintelligent access program information collected by the service provider is destroyed 1 year after the information is collected; and\n\t(b)\ta 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.\n\t(2)\tThis section does not apply to a noncompliance report or information the intelligent service provider is required to keep under section 420.\n422—Reporting relevant contraventions to Regulator\n\t(1)\tThis section applies if an intelligent access program service provider knows of a relevant contravention for an intelligent access program vehicle.\n\t(2)\tThe intelligent access program service provider must, within 7 days, give the Regulator a report about the relevant contravention in the approved form.\n\t(3)\tFor 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.\n423—Reporting tampering or suspected tampering with approved intelligent transport system\n\t(1)\tIf 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—\n\t(a)\twithin 7 days; and\n\t(2)\tIf 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—\n\t(a)\twithin 7 days; and\n\t(3)\tFor 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—\n\t(a)\taccessed a report made by the system (including a noncompliance report) indicating that apparent tampering with the system has been detected electronically; or\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.\n424—Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system\n\t(1)\tIf 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:\n\t(a)\tinformation that the service provider has that knowledge or suspicion;\n\t(b)\tinformation from which it could reasonably be inferred that the service provider has that knowledge or suspicion.\n\t(2)\tFor 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—\n\t(a)\taccessed a report made by the system (including a noncompliance report) indicating that apparent tampering with the system has been detected electronically; or\n\t(3)\tIf 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:\n\t(b)\tinformation from which it could reasonably be inferred that the service provider has made the report.\n\t(4)\tIf 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:\n\t(b)\tinformation from which it could reasonably be inferred that the service provider has made the report.\n\t(5)\tSubsection (1), (3) or (4) does not apply if the disclosure of the information to which the subsection applies is authorised under another law.\nPart 5—Functions, powers, duties and obligations of TCA\n425—Functions of TCA\n\t(1)\tTCA has the following functions for the purposes of this Chapter:\n\t(a)\tapproving, 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\t(b)\tmanaging the certification and audit regime for the Intelligent Access Program;\n\t(c)\tcertifying and auditing, and cancelling the certification of, intelligent access program service providers;\n\t(d)\tengaging individuals, consultants and contractors to assist TCA in the exercise of its auditing activities.\n\t(2)\tAn 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.\n426—Powers to collect and hold intelligent access program information\nTCA may collect and hold intelligent access program information—\n\t(a)\tfor the exercise of its functions mentioned in section 425; or\n\t(b)\tfor law enforcement purposes.\n427—Collecting intelligent access program information\n\t(1)\tTCA must ensure, so far as is reasonably practicable, the intelligent access program information it collects—\n\t(2)\tTCA 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.\n428—Protecting intelligent access program information collected\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.\n429—Making individuals aware of personal information held\n\t(1)\tTCA must prepare, and make publicly available, a document setting out its policies on the management of personal information held by it.\nExamples of how a document is made publicly available—\n\t•\tmaking a document available at TCA's office\n\t•\tmaking a document available on TCA's website\n\t(2)\tIf 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:\n\t(a)\tthe kind of information it holds about the individual;\n\t(c)\tthe way in which it collects, holds, uses and discloses the information;\n\t(d)\tthe entities to whom the information may be disclosed;\n\t(e)\tthat, 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\t(f)\thow the rights mentioned in paragraph (e) can be exercised.\n\t(3)\tSubsection (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.\n430—Giving individuals access to their personal information\n\t(1)\tTCA 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.\n\t(2)\tSubsection (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.\n431—Correcting errors etc\n\t(1)\tThis section applies if an individual about whom TCA holds personal information asks TCA to make a particular change to the personal information.\n\t(2)\tTCA must make the change if it is satisfied the change is appropriate to ensure the personal information is accurate, complete and up to date.\n\t(3)\tIf TCA is not satisfied as mentioned in subsection (2), it may refuse to comply with the request.\n\t(4)\tIf TCA refuses, under subsection (3), to comply with an individual's request, it must give the individual a notice stating—\n\t(a)\tTCA's reasons for refusing; and\n\t(b)\tthat the individual may ask TCA to attach to or include with the personal information the individual's request or a record of it.\n\t(5)\tIf 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.\n432—General restriction on use and disclosure of intelligent access program information\nTCA must not use or disclose intelligent access program information other than as required or authorised under this Law or another law.\n433—Powers to use and disclose intelligent access program information\n\t(1)\tTCA may use or disclose intelligent access program information—\n\t(a)\tfor the exercise of its functions mentioned in section 425; or\n\t(b)\tfor law enforcement purposes.\n\t(2)\tTCA 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\t(3)\tTCA 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\t(4)\tTCA may disclose intelligent access program information relating to a particular operator of an intelligent access program vehicle to the operator.\n\t(5)\tTCA 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—\n\t(a)\tdoes not identify any individual other than the operator; and\n\t(b)\tcontains nothing by which the identity of any individual, other than the operator, can reasonably be found out.\n\t(6)\tTCA may use or disclose intelligent access program information for research purposes if the information contains no personal information.\n\t(7)\tTCA 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\t(8)\tThis section is subject to section 439.\n434—Restriction about intelligent access program information that may be used or disclosed\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.\n435—Keeping record of use or disclosure of intelligent access program information\n\t(1)\tIf 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 —\n\t(b)\tis in a form that ensures the record is readily accessible by an authorised officer at the place where it is kept.\n\t(a)\tthe name of the person who used or disclosed the intelligent access program information on behalf of TCA;\n\t(c)\tfor a use of intelligent access program information by or on behalf of TCA, a brief description of how the information was used;\n\t(d)\tfor a disclosure of intelligent access program information by or on behalf of TCA, the entity to whom the information was disclosed;\n\t(e)\tthe provision of this Law or another law TCA believes authorises the use or disclosure;\n\t(f)\tif 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\t(3)\tTCA must keep a record made under this section for at least 2 years.\n436—Keeping noncompliance reports\nTCA must keep any noncompliance report received by it for at least 4 years after its receipt.\n437—Destroying intelligent access program information or removing personal information from it\n\t(1)\tTCA must ensure, so far as is reasonably practicable, intelligent access program information collected by TCA is destroyed—\n\t(a)\tgenerally—1 year after the information is collected; or\n\t(b)\tif, 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.\n\t(2)\tTCA 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\t(3)\tThis section does not apply to a noncompliance report TCA is required to keep under section 436.\n438—Reporting tampering or suspected tampering with, or malfunction or suspected malfunction of, approved intelligent transport system to Regulator\n\t(1)\tIf 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.\n\t(2)\tFor 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—\n\t(a)\taccessed 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\n439—Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system\n\t(1)\tIf 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:\n\t(a)\tinformation that TCA has that knowledge or suspicion;\n\t(b)\tinformation from which it could reasonably be inferred that TCA has that knowledge or suspicion.\n\t(2)\tFor 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—\n\t(a)\taccessed a report made by the system (including a noncompliance report) indicating that apparent tampering with the system has been detected electronically; or\n\t(3)\tIf 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:\n\t(b)\tinformation from which it could reasonably be inferred that TCA has made the report.\n\t(4)\tSubsection (1) or (3) does not apply if the disclosure of the information to which the subsection applies is authorised under another law.\nPart 6—Powers, duties and obligations of intelligent access program auditors\n440—Powers to collect and hold intelligent access program information\nAn intelligent access program auditor may collect and hold intelligent access program information for conducting an intelligent access program audit.\n441—Collecting intelligent access information\n\t(1)\tAn intelligent access program auditor must ensure, so far as is reasonably practicable, intelligent access program information the auditor collects—\n\t(2)\tAn 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.\n442—Protecting intelligent access program information collected\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.\n443—Making individuals aware of personal information held\n\t(1)\tIf 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:\n\t(a)\tthe kind of information the auditor holds about the individual;\n\t(c)\tthe entities to whom the information may be disclosed;\n\t(d)\tthat, 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\t(e)\thow the rights mentioned in paragraph (d) can be exercised.\n\t(2)\tSubsection (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.\n444—Giving individuals access to their personal information\n\t(1)\tAn 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.\n\t(2)\tSubsection (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.\n445—Correcting errors etc\n\t(1)\tThis 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\t(2)\tThe 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.\n\t(3)\tIf the intelligent access program auditor is not satisfied as mentioned in subsection (2), the auditor may refuse to comply with the request.\n\t(4)\tIf, under subsection (3), an intelligent access program auditor refuses to comply with an individual's request, the auditor must—\n\t(a)\tgive the individual a notice stating—\n\t(i)\tthe auditor's reasons for refusing; and\n\t(ii)\tthat 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\t(b)\tif asked by the individual, attach to or include with the personal information the request or a record of the request.\n446—General restriction on use and disclosure of intelligent access program information\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.\n447—Powers to use and disclose intelligent access program information\n\t(1)\tAn intelligent access program auditor may use and disclose intelligent access program information for—\n\t(a)\tconducting an intelligent access program audit; or\n\t(b)\treporting, to TCA, any of the following:\n\t(i)\ta relevant contravention for an intelligent access program vehicle;\n\t(ii)\ttampering or suspected tampering with an approved intelligent transport system by an operator of an intelligent access program vehicle;\n\t(iii)\ttampering or suspected tampering with an approved intelligent transport system by an intelligent access program service provider;\n\t(iv)\ta failure by an intelligent access program service provider to comply with the service provider's obligations under this Chapter.\n\t(2)\tAn 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\t(3)\tAn 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\t(4)\tAn 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\t(5)\tAn 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\t(6)\tThis section is subject to section 453.\n448—Restriction about intelligent access program information that may be used or disclosed\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.\n449—Keeping record of use or disclosure of intelligent access program information\n\t(1)\tIf 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—\n\t(b)\tis in a form that ensures the record is readily accessible by an authorised officer at the place where it is kept.\n\t(a)\tthe 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\t(c)\tfor a use of intelligent access program information by or on behalf of the auditor, a brief description of how the information was used;\n\t(d)\tfor a disclosure of intelligent access program information by or on behalf of the auditor, the entity to whom the information was disclosed;\n\t(e)\tthe provision of this Law or another law the auditor believes authorises the use or disclosure;\n\t(f)\tif 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\t(3)\tAn intelligent access program auditor must keep a record made under this section for at least 2 years.\n450—Destroying intelligent access program information or removing personal information from it\n\t(1)\tAn 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.\n\t(2)\tAn 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.\n451—Reporting contraventions by intelligent access program service providers to TCA\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.\n452—Reporting tampering or suspected tampering with approved intelligent transport system to Regulator or TCA\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—\n\t(a)\tfor tampering or suspected tampering by an operator of an intelligent access program vehicle—to the Regulator; or\n\t(b)\tfor tampering or suspected tampering by an intelligent access program service provider—to TCA.\n453—Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system\n\t(1)\tIf 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:\n\t(a)\tinformation that the auditor has that knowledge or suspicion;\n\t(b)\tinformation from which it could reasonably be inferred that the auditor has that knowledge or suspicion.\n\t(2)\tIf 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:\n\t(b)\tinformation from which it could reasonably be inferred that the auditor has made the report.\n\t(3)\tSubsection (1) or (2) does not apply if the disclosure of the information to which the subsection applies is authorised under another law.\nPart 7—Other provisions\n454—Offence to tamper with approved intelligent transport system\n\t(a)\tthe person tampers with an approved intelligent transport system; and\n\t(b)\tthe person does so with the intention of causing the system to—\n\t(i)\tfail to generate, record, store, display, analyse, transmit or report intelligent access program information; or\n\t(ii)\tfail to generate, record, store, display, analyse, transmit or report intelligent access program information correctly.\n\t(2)\tA person commits an offence if—\n\t(a)\tthe person tampers with an approved intelligent transport system; and\n\t(b)\tthe person is negligent or reckless as to whether, as a result of the tampering, the system may—\n\t(i)\tfail to generate, record, store, display, analyse, transmit or report intelligent access program information; or\n\t(ii)\tfail to generate, record, store, display, analyse, transmit or report intelligent access program information correctly.\nfail—\n\t(a)\tmeans does not perform as intended in relation to accuracy, timeliness, reliability, verifiability or any other performance requirement or standard; and\n\t(b)\tincludes fail permanently, fail temporarily, fail on a particular occasion and fail in particular circumstances.\n455—Regulator may issue intelligent access program identifiers\n\t(1)\tThe 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\t(2)\tThe intelligent access program identifier may consist of numbers or letters or a combination of numbers and letters.\n\t(3)\tIf 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.\n","sortOrder":31},{"sectionNumber":"Part 8","sectionType":"part","heading":"Accreditation","content":"Chapter 8—Accreditation\n456—Purpose of Chapter 8\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.\n457—Definitions for Chapter 8\nAFM fatigue management system, for an operator of a fatigue‑related heavy vehicle, means the operator's management system for ensuring compliance with the AFM standards and business rules, including by—\n\t(a)\trecording the name, current driver licence number and contact details of each driver who is currently operating under the operator's AFM accreditation; and\n\t(b)\tensuring each of the drivers is in a fit state—\n\t(i)\tto safely perform required duties; and\n\t(ii)\tto meet any specified medical requirements; and\n\t(c)\tensuring each of the drivers—\n\t(ii)\thas been informed of the AFM hours applying under the operator's AFM accreditation; and\n\t(d)\tensuring anyone employed in the operator's business, who has responsibilities relating to scheduling or managing the fatigue of the drivers—\n\t(ii)\thas 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‑related heavy vehicle, means the operator's management system for ensuring compliance with the BFM standards and business rules, including by—\n\t(a)\trecording the name, current driver licence number and contact details of each driver who is currently operating under the operator's BFM accreditation; and\n\t(b)\tensuring each of the drivers is in a fit state—\n\t(i)\tto safely perform required duties; and\n\t(ii)\tto meet any specified medical requirements; and\n\t(c)\tensuring each of the drivers—\n\t(ii)\thas been informed of the BFM hours; and\n\t(d)\tensuring anyone employed in the operator's business, who has responsibilities relating to scheduling or managing the fatigue of the drivers—\n\t(ii)\thas 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—\n\t(a)\tidentifying each heavy vehicle currently being operated in accordance with the management system; and\n\t(b)\tfor each heavy vehicle being operated in accordance with the management system, having measures for the following:\n\t(i)\tdaily 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\t(ii)\trecording and reporting vehicle faults;\n\t(iii)\tidentifying, assessing and rectifying all identified faults;\n\t(iv)\tperiodic maintenance of the vehicle; and\n\t(c)\tkeeping 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—\n\t(a)\tidentifying each heavy vehicle currently being operated in accordance with the management system; and\n\t(b)\tfor each heavy vehicle being operated in accordance with the management system, having measures for the following:\n\t(i)\tweighing 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\t(ii)\trecording each measurement made under subparagraph (i) in a form that allows the record to be readily available for inspection by an approved auditor;\n\t(iii)\tensuring the vehicle's suspension system accords with the specifications given by its manufacturer or a qualified mechanical engineer; and\n\t(c)\tkeeping records relating to the operation of the management system;\nrelevant management system means—\n\t(a)\tfor maintenance management accreditation—a maintenance management system; or\n\t(b)\tfor mass management accreditation—a mass management system; or\n\t(c)\tfor BFM accreditation—a BFM fatigue management system; or\n\t(d)\tfor AFM accreditation—an AFM fatigue management system;\nrelevant standards and business rules means—\n\t(a)\tfor maintenance management accreditation—the maintenance management standards and business rules; or\n\t(b)\tfor mass management accreditation—the mass management standards and business rules; or\n\t(c)\tfor BFM accreditation—the BFM standards and business rules; or\n\t(d)\tfor AFM accreditation—the AFM standards and business rules.\nPart 2—Grant of heavy vehicle accreditation\n458—Regulator's power to grant heavy vehicle accreditation\nThe Regulator may grant heavy vehicle accreditation.\n459—Application for heavy vehicle accreditation\n\t(1)\tAn operator of a heavy vehicle may apply to the Regulator for heavy vehicle accreditation under this Law.\n\t(b)\taccompanied by the following:\n\t(i)\ta statement by the applicant that the applicant has a relevant management system for ensuring compliance with the relevant standards and business rules;\n\t(ii)\ta 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\t(iii)\tany other information required for the application under the relevant standards and business rules;\n\t(iv)\tthe prescribed fee for the application.\n\t(3)\tThe 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:\n\t(a)\twhether, 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:\n\t(i)\tan offence against this Law or a previous corresponding law;\n\t(ii)\tan offence involving fraud or dishonesty punishable on conviction by imprisonment of 6 months or more, whether committed in this jurisdiction or elsewhere;\n\t(b)\twhether 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\t(4)\tSubsection (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\t(5)\tThe Regulator may, by notice given to the applicant, require the applicant—\n\t(a)\tto give the Regulator any additional information the Regulator reasonably requires to decide the application; or\n\t(b)\tto verify by statutory declaration any information relating to the application given to the Regulator.\n460—Obtaining criminal history information about applicant\n\t(1)\tThe 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\t(2)\tIf 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\t(3)\tIf 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\t(4)\tThe request may include the following:\n\t(a)\tthe applicant's name and any other name the Regulator believes the applicant may use or may have used;\n\t(b)\tthe applicant's date and place of birth, gender and address.\n\t(5)\tThe police commissioner must give the requested report to the Regulator.\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—\n\t(a)\tan offence against this Law or a previous corresponding law; or\n\t(b)\tan offence involving fraud or dishonesty punishable on conviction by imprisonment of 6 months or more, whether committed in this jurisdiction or elsewhere.\n461—Restriction on grant of heavy vehicle accreditation\n\t(1)\tThe Regulator may grant an applicant heavy vehicle accreditation only if the Regulator is satisfied—\n\t(a)\tthe applicant has in place a relevant management system for operations to be carried out under the accreditation; and\n\t(b)\tthe applicant is able to comply with this Law, having regard to—\n\t(i)\tthe information provided to the Regulator under this Part; and\n\t(ii)\tthe matters to which the Regulator may or must have regard under subsection (4); and\n\t(c)\tthe applicant is a suitable person to be granted the accreditation, having regard to—\n\t(i)\tthe information provided to the Regulator under this Part; and\n\t(ii)\tthe matters to which the Regulator may or must have regard under subsection (4); and\n\t(d)\tfor AFM accreditation—\n\t(i)\tthe 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\t(ii)\tthe applicant and drivers operating under the accreditation are likely to follow the driver fatigue management practices consistently and effectively; and\n\t(iii)\tthe 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\t(2)\tIn considering the maximum work times and minimum rest times that are to apply to drivers operating under an AFM accreditation, the Regulator—\n\t(a)\tmust 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\t(b)\tmust 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\t(3)\tThe 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\t(4)\tIn deciding an application for a heavy vehicle accreditation, the Regulator—\n\t(a)\tmay have regard to anything the Regulator considers relevant including—\n\t(i)\tthe results of any audits carried out on the applicant's relevant management system; and\n\t(ii)\tfor assessing an applicant's AFM fatigue management system—any relevant body of fatigue knowledge; and\n\t(b)\tmust have regard to the approved guidelines for granting heavy vehicle accreditations under this Law.\n462—Conditions of heavy vehicle accreditation\n\t(1)\tA 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\t(2)\tA heavy vehicle accreditation granted under this Law may be subject to any other conditions the Regulator considers appropriate, including, for example—\n\t(a)\ta condition that a named person cannot operate under the operator's accreditation for a stated period; and\n\t(b)\ta condition that a named employee or associate of the operator cannot be involved in the operator's relevant management system at all or for a stated period; and\n\t(c)\ta 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.\n463—Period for which heavy vehicle accreditation applies\n\t(1)\tA heavy vehicle accreditation granted under this Law applies for the period stated in the accreditation certificate for the accreditation.\n\t(2)\tThe period may be less than the period sought by the applicant for the heavy vehicle accreditation.\n\t(3)\tThe maximum period for which the Regulator may grant heavy vehicle accreditation is 3 years.\n464—Accreditation certificate for heavy vehicle accreditation etc\n\t(1)\tIf the Regulator grants a heavy vehicle accreditation under this Law to an operator of a heavy vehicle, the Regulator must give the operator—\n\t(a)\tan accreditation certificate in the approved form; and\n\t(b)\tif prescribed circumstances apply to the grant of the accreditation—an information notice for the prescribed circumstances.\n\t(2)\tAn accreditation certificate for a heavy vehicle accreditation must state the following:\n\t(a)\tthe name of the operator who has been granted the accreditation;\n\t(b)\tthe number identifying the accreditation;\n\t(c)\tany conditions imposed on the accreditation by the Regulator;\n\t(d)\tfor 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\t(e)\tthe period for which the accreditation applies.\nprescribed circumstances, for a heavy vehicle accreditation, means the Regulator has—\n\t(a)\timposed a condition on the accreditation that was not sought by the applicant for the accreditation; or\n\t(b)\tgranted the accreditation for a period less than the period of not more than 3 years sought by the applicant for the accreditation; or\n\t(c)\tfor 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.\n465—Refusal of application for heavy vehicle accreditation\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.\n466—Accreditation labels for maintenance management accreditation and mass management accreditation\n\t(1)\tIf 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\t(2)\tIf the operator amends the relevant management system to identify a new relevant vehicle for the accreditation—\n\t(a)\tthe operator may ask the Regulator for an accreditation label for the new relevant vehicle; and\n\t(b)\tthe Regulator must give the accreditation label to the operator.\n\t(2a)\tThe operator must attach the accreditation label for a relevant vehicle to the vehicle in a way that the label—\n\t(a)\tis readable from outside the vehicle; and\n\t(b)\tis not wholly or partly obscured, defaced or otherwise not legible.\n\t(2b)\tA person must not drive a relevant vehicle if the vehicle's accreditation label—\n\t(a)\tis not attached to the vehicle; or\n\t(b)\tis attached to the vehicle in a way that the label is wholly or partly obscured, defaced or otherwise not legible.\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.\nPart 3—Operating under heavy vehicle accreditation\n467—Compliance with conditions of BFM accreditation or AFM accreditation\nThe holder of a BFM accreditation or AFM accreditation must comply with the conditions of the accreditation.\n468—Driver operating under BFM accreditation or AFM accreditation must carry accreditation details\n\t(1)\tThe driver of a heavy vehicle who is operating under a BFM accreditation or AFM accreditation must keep in the driver's possession—\n\t(a)\ta copy of the accreditation certificate for the accreditation; and\n\t(b)\ta document, signed by the operator of the vehicle who holds the accreditation, stating that the driver—\n\t(i)\tis operating under the operator's heavy vehicle accreditation; and\n\t(ii)\thas been inducted into the operator's relevant management system; and\n\t(iii)\tmeets the requirements relating to drivers operating under the operator's heavy vehicle accreditation (if any); and\n\t(c)\tfor a driver operating under AFM accreditation, a document stating the AFM hours applying under the accreditation.\nExample for the purposes of paragraph (c)—\nThe driver records a statement of the AFM hours applying under the AFM accreditation in the driver's electronic work diary (which is a document).\n\t(2)\tSubsection (1) applies even if the driver and operator are the same person.\n\t(3)\tThe operator of the vehicle must ensure the driver complies with subsection (1), unless the operator has a reasonable excuse.\n469—Driver must return particular documents if stops operating under BFM accreditation or AFM accreditation etc\n\t(a)\tthe driver of a heavy vehicle is operating under a BFM accreditation or AFM accreditation; and\n\t(b)\tthe operator of the heavy vehicle has given the driver a document for the purposes of section 468(1); and\n\t(c)\tthe driver—\n\t(i)\tstops operating under the operator's BFM accreditation or AFM accreditation; or\n\t(ii)\tno longer meets the requirements relating to drivers operating under the operator's BFM accreditation or AFM accreditation (if any).\n\t(2)\tThe driver must return the document to the operator as soon as reasonably practicable.\n470—General requirements applying to operator with heavy vehicle accreditation\n\t(1)\tThis section applies to an operator of a heavy vehicle who holds a heavy vehicle accreditation.\n\t(2)\tIf the accreditation is BFM accreditation or AFM accreditation, the operator must ensure each driver who operates under the accreditation—\n\t(a)\tis inducted into the operator's relevant management system; and\n\t(b)\tat all times, meets the requirements relating to drivers operating under the accreditation (if any).\n\t(3)\tIf 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.\n\t(4)\tThe operator must keep—\n\t(a)\tthe accreditation certificate for the operator's heavy vehicle accreditation; and\n\t(b)\tif the operator's heavy vehicle accreditation is BFM accreditation or AFM accreditation—\n\t(i)\ta current list of drivers operating under the operator's accreditation; and\n\t(ii)\trecords demonstrating the operator has complied with—\n\t(A)\tif the operator's heavy vehicle accreditation is BFM accreditation—subsection (2); or\n\t(B)\tif the operator's heavy vehicle accreditation is AFM accreditation—subsections (2) and (3); and\n\t(c)\tif 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.\n\t(5)\tThe operator must keep a document required to be kept under subsection (4) for the following period:\n\t(a)\tfor an accreditation certificate—while the operator's heavy vehicle accreditation is current;\n\t(b)\tfor each list or record made under subsection (4)(b) or (c)—at least 3 years after the list or record is made.\n\t(6)\tThe operator must keep a document required to be kept under subsection (4) in a way that ensures it is—\n\t(a)\treadily accessible by an authorised officer at the place where the document is kept; and\n\t(b)\treasonably capable of being understood by the authorised officer; and\n\t(c)\tcapable of being used as evidence.\n\t(7)\tThe Regulator may, by notice, require the operator to give the Regulator, in the form and within the time required by the Regulator—\n\t(a)\ta copy of the list mentioned in subsection (4)(b)(i) or (c); and\n\t(b)\tdetails of any change to the list.\n\t(8)\tThe operator must comply with a requirement made under subsection (7), unless the operator has a reasonable excuse.\n\t(9)\tSubsection (4) to (6) do not apply in relation to—\n\t(a)\tan 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\t(b)\tan 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.\n471—Operator must give notice of amendment, suspension or ending of heavy vehicle accreditation\n\t(a)\tan operator of a heavy vehicle holds a heavy vehicle accreditation; and\n\t(b)\tthe accreditation is amended or suspended, or the operator ceases to hold the accreditation.\n\t(2)\tThe 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.\n\t(3)\tIf 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).\nPart 4—Amendment or cancellation of heavy vehicle accreditation\n472—Amendment or cancellation of heavy vehicle accreditation on application\n\t(1)\tA person may apply to the Regulator for an amendment or cancellation of the person's heavy vehicle accreditation granted under this Law.\n\t(d)\tbe accompanied by the accreditation certificate for the accreditation.\n\t(3)\tThe 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\t(c)\tif the Regulator amended the accreditation, the Regulator must give the applicant a replacement accreditation certificate for the accreditation as amended.\n\t(6)\tIf the Regulator decides not to amend or cancel the accreditation as sought by the applicant, the Regulator must—\n\t(b)\treturn the accreditation certificate to the applicant.\n473—Amendment, suspension or cancellation of heavy vehicle accreditation on Regulator's initiative\n\t(1)\tEach of the following is a ground for amending, suspending or cancelling a heavy vehicle accreditation granted under this Law:\n\t(a)\tthe accreditation was granted because of a document or representation that was—\n\t(b)\tthe holder of the accreditation has contravened a condition of the accreditation;\n\t(c)\tthe holder of the accreditation, or an associate of the holder, has been convicted of—\n\t(i)\tan offence against this Law or a previous corresponding law; or\n\t(ii)\tan offence involving fraud or dishonesty punishable on conviction by imprisonment of 6 months or more, whether committed in this jurisdiction or elsewhere;\n\t(d)\tsince 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\t(e)\tfor a maintenance management accreditation or mass management accreditation—\n\t(i)\tpublic safety has been endangered, or is likely to be endangered, because of the accreditation; or\n\t(ii)\troad infrastructure has been damaged, or is likely to be damaged, because of the accreditation;\n\t(f)\tfor a BFM accreditation or AFM accreditation—public safety has been endangered, or is likely to be endangered, because of the accreditation;\n\t(g)\tthe Regulator considers it necessary in the public interest.\n\t(2)\tIf 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—\n\t(d)\tif the proposed action is to amend the accreditation (including a condition of the accreditation)—stating the proposed amendment; and\n\t(e)\tif the proposed action is to suspend the accreditation—stating the proposed suspension period; and\n\t(f)\tinviting 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\t(3)\tIf, 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—\n\t(a)\tif 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\t(b)\tif the proposed action was to suspend the accreditation—suspend the accreditation for no longer than the period stated in the notice; or\n\t(c)\tif the proposed action was to cancel the accreditation—\n\t(i)\tamend the accreditation, including, for example, by imposing additional conditions on the accreditation; or\n\t(ii)\tsuspend the accreditation for a period; or\n\t(iii)\tcancel the accreditation.\n\t(5)\tThe decision takes effect—\n474—Immediate suspension of heavy vehicle accreditation\n\t(a)\ta ground exists to suspend or cancel a heavy vehicle accreditation granted under this Law; and\n\t(b)\tit is necessary to suspend the accreditation immediately to prevent or minimise serious harm to public safety.\n\t(2)\tThe Regulator may, by notice given to the holder, immediately suspend the heavy vehicle accreditation until the earliest of the following:\n\t(a)\tthe Regulator gives the holder an information notice under section 473(4) and the decision takes effect under section 473(5);\n\t(c)\tthe end of 56 days after the day the notice is given to the holder.\n\t(3)\tThis section applies despite sections 472 and 473.\n475—Minor amendment of heavy vehicle accreditation\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—\nPart 5—Other provisions about heavy vehicle accreditations\n476—Return of accreditation certificate\n\t(1)\tIf 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\t(2)\tThe 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.\n\t(3)\tIf the heavy vehicle accreditation has been amended, the Regulator must give the person a replacement accreditation certificate for the accreditation as amended.\n\t(4)\tIf 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.\n477—Replacement of defaced etc accreditation certificate\n\t(1)\tIf 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.\nSee section 470 for the requirement to keep an accreditation certificate for a heavy vehicle accreditation while the accreditation is current.\n\t(2)\tIf 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\t(3)\tIf the Regulator decides not to give the person a replacement accreditation certificate, the Regulator must give the person an information notice for the decision.\n478—Offences relating to auditors\n\t(1)\tA person must not falsely represent that the person is an approved auditor.\n\t(2)\tAn approved auditor must not falsely represent that the person is an auditor of a particular approved class.\n\t(3)\tAn approved auditor must not falsely represent that the person has audited an operator's relevant management system.\n\t(4)\tA person must not falsely represent the opinion of an approved auditor in relation to an operator's relevant management system.\napproved class means a class of auditors approved by the responsible Ministers under section 654.\nChapter 9—Enforcement\nPart 1—General matters about authorised officers\nDivision 1—Functions\n479—Functions of authorised officers\n\t(1)\tAn authorised officer has the following functions under this Law:\n\t(a)\tto monitor, investigate and enforce compliance with this Law;\n\t(b)\tto monitor or investigate whether an occasion has arisen for the exercise of powers under this Law;\n\t(c)\tto facilitate the exercise of powers under this Law.\n\t(2)\tAlso, 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.\nDivision 2—Appointment\n480—Application of Division 2\n481—Appointment and qualifications\n\t(1)\tThe Regulator may, by instrument, appoint any of the following individuals as an authorised officer for the purposes of this Law:\n\t(a)\tan individual who is—\n\t(i)\ta member of the staff of the Regulator; or\n\t(ii)\ta person whose services are being used under an arrangement under section 685; or\n\t(iii)\ta consultant or contractor engaged by the Regulator under section 686;\n\t(b)\tan employee of the State;\n\t(c)\tan employee of a local government authority;\n\t(d)\tan individual of a class prescribed by the national regulations.\n\t(2)\tHowever, 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.\n482—Appointment conditions and limit on powers\n\t(1)\tAn authorised officer holds office on any conditions stated in—\n\t(a)\tthe officer's instrument of appointment; or\n\t(b)\ta notice signed by the Regulator given to the officer; or\n\t(c)\tthe national regulations.\n\t(2)\tThe instrument of appointment, a signed notice given to the authorised officer, or the national regulations may limit the officer's powers.\n483—When office ends\n\t(1)\tThe office of a person as an authorised officer ends if any of the following happens:\n\t(a)\tthe term of office stated in a condition of office ends;\n\t(b)\tunder another condition of office, the office ends;\n\t(c)\tthe officer's resignation under section 484 takes effect.\n\t(2)\tSubsection (1) does not limit the ways an authorised officer may cease to hold office.\ncondition of office means a condition under which the authorised officer holds office.\n484—Resignation\n\t(1)\tAn authorised officer may resign by signed notice given to the Regulator.\n\t(2)\tHowever, 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.\nDivision 3—Identity cards\n485—Application of Division 3\n486—Issue of identity card\n\t(1)\tThe Regulator must issue an identity card to each authorised officer.\n\t(2)\tThe identity card must—\n\t(a)\tcontain a recent photo of the authorised officer; and\n\t(b)\tcontain a copy of the authorised officer's signature; and\n\t(c)\tidentify the person as an authorised officer for the purposes of this Law; and\n\t(d)\tstate the identification number allocated to the authorised officer; and\n\t(e)\tstate an expiry date for the card.\n\t(3)\tThis section does not prevent the issue of a single identity card to a person for the purposes of this Law and other purposes.\n487—Production or display of identity card\n\t(1)\tIn exercising a power in relation to a person in the person's presence, an authorised officer must—\n\t(a)\tproduce the officer's identity card for the person's inspection before exercising the power; or\n\t(b)\thave the identity card displayed so it is clearly visible to the person when exercising the power.\n\t(2)\tHowever, 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\t(3)\tFor 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.\n488—Return of identity card\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.\nDivision 4—Miscellaneous provisions\n489—References to exercise of powers\nIf—\n\t(a)\ta provision of this Chapter refers to the exercise of a power by an authorised officer; and\n\t(b)\tthere 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.\n490—Reference to document includes reference to reproduction from electronic document\nA reference in this Chapter to a document includes a reference to an image or writing—\n\t(a)\tproduced from an electronic document; or\n\t(b)\tnot yet produced, but reasonably capable of being produced from an electronic document, with or without the aid of another article or device.\n491—Use of force against persons\n\t(1)\tThis Chapter does not authorise—\n\t(a)\tan 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\t(b)\twithout limiting paragraph (a), a warrant to be issued under this Chapter authorising a person to use force against a person.\n\t(2)\tHowever, 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\t(3)\tThis 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.\n492—Use of force against property\n\t(1)\tA 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—\n\t(a)\tthe authorised officer is a police officer; or\n\t(b)\texercise of the power to use force is authorised under the Application Act of this jurisdiction.\n\t(2)\tSubsection (1)—\n\t(a)\thas 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\t(b)\tdoes not affect any prohibition or restriction on a power to use force set out in the other section.\n\t(3)\tSubsections (1) and (2) apply to a power to use force against property whether the power is express or implied.\n\t(4)\tDespite 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.\n493—Exercise of functions in relation to light vehicles\n\t(1)\tThis Chapter does not authorise the exercise of any function under this Chapter in relation to a vehicle that is not a heavy vehicle.\n\t(2)\tHowever, a function under this Chapter may be exercised in relation to—\n\t(a)\ta pilot vehicle or escort vehicle; or\n\t(b)\ta 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.\nPart 2—Powers in relation to places\n494—Definitions for Chapter 9 Part 2\n\t(1)\tIn this Part—\nplace of business, of a responsible person for a heavy vehicle, means a place—\n\t(a)\tat or from which the person carries on a business; or\n\t(b)\toccupied by the person in connection with a business carried on by the person; or\n\t(c)\tthat is the registered office of the person if the person is a body corporate;\nrelevant place means—\n\t(a)\ta place of business of a responsible person for a heavy vehicle; or\n\t(b)\tthe relevant garage address of a heavy vehicle; or\n\t(c)\tthe base of the driver or drivers of a heavy vehicle; or\n\t(d)\ta 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;\nresidence, that is a relevant place, means a place or part of a place mentioned in the definition of relevant place used predominantly for residential purposes.\n\t(2)\tFor 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","sortOrder":32},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Entry of relevant places for advice purposes","content":"Division 1A—Entry of relevant places for advice purposes\n494A—Non‑application to police officers\n494B—Power to enter relevant place\nAn authorised officer may, for advice purposes, enter a relevant place if—\n\t(a)\tan occupier of the place consents under Division 4 to the entry and section 503 has been complied with for the occupier; or\n\t(b)\tthe place is not a residence and is—\n\t(iii)\trequired to be open for inspection under this Law.\n494C—Power after entering relevant place\nIf an authorised officer enters a relevant place under this Division, the officer may, for advice purposes, provide advice, information and education.\nDivision 2—Entry of relevant places for monitoring purposes\n495—Power to enter relevant place\n\t(1)\tAn authorised officer may, for monitoring purposes, enter a relevant place if—\n\t(a)\tan occupier of the place consents under Division 4 to the entry and section 503 has been complied with for the occupier; or\n\t(b)\tthe place is not a residence and is—\n\t(iii)\trequired to be open for inspection under this Law.\n\t(2)\tIf 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\t(3)\tSubsection (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\t(4)\tIf 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\t(5)\tAn 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\t(6)\tThis section does not authorise an authorised officer to use force for exercising a power under this section.\n496—General powers after entering relevant place\n\t(1)\tIf 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):\n\t(a)\tinspect any part of the place or a vehicle at the place;\n\t(b)\tinspect a relevant document at the place;\n\t(c)\tcopy, or take an extract from, a relevant document at the place;\n\t(d)\tproduce 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\t(e)\tlook for, and inspect, a relevant device at the place;\n\t(f)\ttake an extract from a relevant device at the place, including, for example—\n\t(i)\tby taking a copy of, or an extract from, a readout or other data obtained from the device; or\n\t(ii)\tby accessing and downloading information from the device;\n\t(g)\texercise a power in relation to a heavy vehicle at the place that the authorised officer may exercise under section 520;\n\t(h)\ttake 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\t(2)\tThe authorised officer may take a necessary step to allow the exercise of a general power, including, for example—\n\t(a)\topen an unlocked door or an unlocked panel or thing at the place; and\n\t(b)\tmove but not take away anything that is not locked up or sealed.\n\t(3)\tFor 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.\n\t(4)\tIf 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\t(5)\tHowever, 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\t(6)\tThis section does not authorise an authorised officer to use force for exercising a power under this section.\n\t(6A)\tIf the authorised officer is not a police officer, the officer may, for advice purposes, provide advice, information and education.\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;\nExample of a device that may be a relevant device—\na weighing, measuring, recording or monitoring device\nrelevant document means a document relating to a heavy vehicle and required to be kept under this Law or a heavy vehicle accreditation.\nDivision 3—Entry of places for investigation purposes\n497—General power to enter places\n\t(1)\tAn authorised officer may, for investigation purposes, enter a place if—\n\t(a)\tan occupier of the place consents under Division 4 to the entry and section 503 has been complied with for the occupier; or\n\t(b)\tit is a public place and the entry is made when it is open to the public; or\n\t(c)\tthe 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\t(d)\tit is a relevant place other than a residence and is—\n\t(iii)\trequired to be open for inspection under this Law; or\n\t(e)\tthe entry is authorised under section 498 or 499.\n\t(2)\tThe 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\t(3)\tIf 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\t(4)\tIf the power to enter is under a warrant—\n\t(a)\tthe authorised officer may use force that is reasonably necessary for gaining entry to the place; and\n\t(b)\tthe power to enter is subject to the terms of the warrant.\n\t(5)\tSubsection (1)(d) does not authorise an authorised officer, without the occupier's consent or a warrant, to enter—\n\t(6)\tIf 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\t(7)\tAn 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\t(8)\tThis 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.\n498—Power to enter a place if evidence suspected to be at the place\n\t(1)\tThis section applies if an authorised officer reasonably believes that—\n\t(a)\teither—\n\t(i)\ta heavy vehicle is or has been at a place; or\n\t(ii)\ttransport documentation or journey documentation is at a place; and\n\t(b)\tthere 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\t(2)\tThe authorised officer may enter the place if it is—\n\t(a)\topen for carrying on a business; or\n\t(b)\totherwise open for entry; or\n\t(c)\trequired to be open for inspection under this Law.\n\t(3)\tSubsection (2) does not authorise an authorised officer to enter—\n\t(4)\tIf 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\t(5)\tAn 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\t(6)\tAn authorised officer may use force that is reasonably necessary for gaining entry to a place mentioned in subsection (2)(c).\n\t(7)\tThis section does not authorise an authorised officer to use force for exercising a power under this section other than as provided by subsection (6).\n499—Power to enter particular places if incident involving death, injury or damage\n\t(1)\tAn authorised officer, without an occupier's consent or a warrant, may enter a place at any time if the officer reasonably believes—\n\t(a)\tan incident involving the death of, or injury to, a person or damage to property involves or may have involved a heavy vehicle; and\n\t(b)\tthe incident may have involved an offence against this Law; and\n\t(c)\tthere is a connection between the place and the heavy vehicle; and\n\t(d)\tthere 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\t(2)\tFor the purposes of subsection (1), there is a connection between a place and a heavy vehicle if—\n\t(a)\tthe 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\t(b)\tthe vehicle is, or within the past 72 hours has been, located at the place; or\n\t(c)\tthe place is, or may be, otherwise directly or indirectly connected with the vehicle or any part of its equipment or load.\n\t(3)\tThis 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\t(4)\tThis section does not authorise an authorised officer, without the occupier's consent or a warrant, to enter—\n\t(5)\tIf 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\t(6)\tAn 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\t(7)\tThis section does not authorise an authorised officer to use force for exercising a power under this section.\n500—General powers after entering a place\n\t(1)\tIf 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):\n\t(a)\tsearch any part of the place or a vehicle at the place, including—\n\t(i)\tsearching any part of the place or a vehicle at the place for evidence of an offence against this Law; and\n\t(ii)\tsearching 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\t(b)\tinspect, examine or film any part of the place or anything at the place;\n\t(c)\ttake a thing, or a sample of or from a thing, at the place for examination;\n\t(d)\tplace an identifying mark in or on anything at the place;\n\t(e)\ttake an extract from a document, device or other thing at the place, including, for example—\n\t(i)\tby 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\t(ii)\tby accessing and downloading information from a device or other thing at the place;\nExample of device or other thing—\n\t(f)\tcopy a document at the place, or take a document at the place to another place to copy it;\nExamples of documents for the purposes of paragraphs (e) and (f)—\n\t•\ta document required to be kept at the place under this Law or a heavy vehicle accreditation\n\t•\ttransport documentation\n\t•\tjourney documentation\n\t•\ta document the authorised officer reasonably believes provides, or may provide on further inspection, evidence of an offence against this Law\n\t(g)\tproduce 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\t(h)\texercise a power in relation to a heavy vehicle at the place that the authorised officer may exercise under Chapter 9 Part 3;\n\t(i)\ttake 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—\n\t(a)\tthat 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\t(b)\tthe 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.\n\t(2)\tThe authorised officer may take a necessary step to allow the exercise of a general power, including, for example—\n\t(a)\topen an unlocked door or an unlocked panel or thing at the place; and\n\t(b)\tmove anything that is not locked up or sealed; and\n\t(c)\tif 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\t(3)\tIf an authorised officer takes, or authorises another person to take, a thing or sample for examination under subsection (1)(c), the officer must—\n\t(a)\tgive a receipt for the thing or sample to—\n\t(i)\tthe person in possession of the thing or sample or the thing from which the sample was taken; or\n\t(ii)\tthe person in charge of the place from which the thing or sample was taken; and\n\t(b)\tat 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—\n\t(i)\thas been seized under section 549; or\n\t(ii)\tdoes not have any intrinsic value.\nSee section 561 for what happens if a thing or sample cannot be returned to its owner or the owner cannot be found.\n\t(4)\tHowever, 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\t(5)\tFor 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.\n\t(6)\tIf 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\t(7)\tIf 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\t(8)\tHowever—\n\t(a)\tif 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\t(b)\tif 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\t(9)\tWithout 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\t(10)\tThe power to search under this section does not include a power to search a person.\n\t(11)\tIf the authorised officer is not a police officer, the officer may, for advice purposes, provide advice, information and education.\nDivision 4—Procedure for entry by consent\n501—Application of Division 4\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).\n502—Incidental entry to ask for access\n\t(1)\tFor the purpose of asking the occupier for the consent, the authorised officer may, without the occupier's consent or a warrant—\n\t(a)\tenter land around a building or other structure at the place to an extent that is reasonable to contact the occupier; or\n\t(b)\tenter 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\t(2)\tThe 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\t(3)\tIf 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.\n503—Matters authorised officer must tell occupier\nBefore asking for the consent, the authorised officer must give a reasonable explanation to the occupier about the following:\n\t(a)\tthe purpose of the entry;\n\t(b)\tthat the occupier is not required to consent;\n\t(c)\tthat the consent may be given subject to conditions and may be withdrawn at any time;\n\t(d)\tany other powers intended to be exercised to achieve the purpose of the entry.\n504—Consent acknowledgement\n\t(1)\tIf the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.\n\t(2)\tThe acknowledgement must state—\n\t(a)\tthe purpose of the entry, including the powers intended to be exercised to achieve the purpose of the entry; and\n\t(b)\tthat the following has been explained to the occupier:\n\t(i)\tthe purpose of the entry, including the powers intended to be exercised to achieve the purpose of the entry;\n\t(ii)\tthat the occupier is not required to consent; and\n\t(c)\tthat the occupier gives the authorised officer consent to enter the place and exercise the powers; and\n\t(d)\tthe time and day the consent was given; and\n\t(e)\tany conditions of the consent.\n\t(3)\tIf the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.\n\t(4)\tHowever, 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\t(5)\tIf the acknowledgment states some but not all the powers exercised or intended to be exercised to achieve the purpose of the entry—\n\t(a)\tthe acknowledgment is not necessarily invalid merely because of the omission; but\n\t(b)\tif 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\t(6)\tIf—\n\t(a)\tan issue arises in a proceeding about whether the occupier consented to the entry; and\n\t(b)\tan 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.\n505—Procedure for entry with consent\n\t(1)\tThis 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\t(2)\tBefore 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—\n\t(a)\tfor 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\t(b)\tfor 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\t(3)\tSubsection (2)(a) does not apply to a police officer in uniform.\nDivision 5—Entry under warrant\n506—Application for warrant\n\t(1)\tAn authorised officer may apply to an authorised warrant official for a warrant for a place.\n\t(2)\tThe authorised officer must prepare a written application stating the grounds on which the warrant is sought.\n\t(3)\tThe written application must be sworn.\n\t(4)\tThe 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.\n507—Issue of warrant\n\t(1)\tThe 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\t(2)\tThe warrant must state the following:\n\t(a)\tthe place to which the warrant applies;\n\t(b)\tthat a stated authorised officer or any authorised officer may, with necessary and reasonable help and force—\n\t(i)\tenter the place and any other place necessary for entry to the place; and\n\t(ii)\texercise the authorised officer's powers;\n\t(c)\tparticulars of the offence that the authorised warrant official considers appropriate in the circumstances;\n\t(d)\tthe 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\t(e)\tthe evidence that may be seized under the warrant;\n\t(f)\tthe hours of the day or night when the place may be entered;\n\t(g)\tthe authorised warrant official's name;\n\t(h)\tthe date and time of the warrant's issue;\n\t(i)\tthe day, within 14 days after the warrant's issue, the warrant ends.\n508—Application by electronic communication and duplicate warrant\n\t(1)\tAn 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—\n\t(a)\turgent circumstances; or\n\t(b)\tother special circumstances, including, for example, the officer's remote location.\n\t(2)\tThe application—\n\t(a)\tmay not be made before the authorised officer prepares the written application under section 506(2); but\n\t(b)\tmay be made before the written application is sworn.\n\t(3)\tThe authorised warrant official may issue the warrant (the original warrant) only if the official is satisfied—\n\t(a)\tit was necessary to make the application under subsection (1); and\n\t(b)\tthe way the application was made under subsection (1) was appropriate.\n\t(4)\tAfter the authorised warrant official issues the original warrant—\n\t(a)\tif 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\t(b)\totherwise—\n\t(i)\tthe official must tell the authorised officer the information mentioned in section 507(2); and\n\t(ii)\tthe 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\t(5)\tThe 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\t(6)\tThe authorised officer must, at the first reasonable opportunity, send to the authorised warrant official—\n\t(a)\tthe written application complying with section 506(2) and (3); and\n\t(b)\tif the officer completed a form of warrant under subsection (4)(b)—the completed form of warrant.\n\t(7)\tThe authorised warrant official must keep the original warrant and, on receiving the documents under subsection (6)—\n\t(a)\tattach the documents to the original warrant; and\n\t(b)\tfile the original warrant and documents in the relevant court.\n\t(8)\tDespite subsection (5), if—\n\t(a)\tan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n\t(b)\tthe 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.\n\t(9)\tThis section does not limit section 506.\n509—Defect in relation to a warrant\n\t(1)\tA warrant is not invalidated by a defect in—\n\t(a)\tthe warrant; or\n\t(b)\tcompliance with this Division,\nunless the defect affects the substance of the warrant in a material particular.\nwarrant includes a duplicate warrant mentioned in section 508(5).\n510—Procedure for entry under warrant\n\t(1)\tThis section applies if an authorised officer is intending to enter a place under a warrant issued under this Division.\n\t(2)\tBefore entering the place, the authorised officer must do or make a reasonable attempt to do the following things:\n\t(a)\tidentify himself or herself to a person who is an occupier of the place and is present by producing—\n\t(i)\tfor 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\t(ii)\tfor 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\t(b)\tgive the person a copy of the warrant;\n\t(c)\ttell the person the officer is permitted by the warrant to enter the place;\n\t(d)\tgive the person an opportunity to allow the officer immediate entry to the place without using force.\n\t(3)\tHowever, 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\t(4)\tSubsection (2)(a)(i) does not apply to a police officer in uniform.\nwarrant includes a duplicate warrant mentioned in section 508(5).\nPart 3—Powers in relation to heavy vehicles\n511—Application of Chapter 9 Part 3\nUnless otherwise stated in this Part, this Part applies to a heavy vehicle—\n\t(a)\ton a road; or\n\t(b)\tin or at a public place; or\n\t(c)\tin or at a place owned or occupied by a road authority or by another public authority; or\n\t(d)\tin or at a place entered by an authorised officer under Chapter 9 Part 2.\n512—Persons who are drivers for this Part\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.\nDivision 2—Stopping, not moving or not interfering with heavy vehicle etc\n513—Direction to stop heavy vehicle to enable exercise of other powers\n\t(1)\tTo 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.\n\t(2)\tThe direction may be given orally or in any other way, including, for example, by way of a sign or electronic or other signal.\n\t(3)\tThe direction may require the heavy vehicle to be—\n\t(a)\tstopped immediately; or\n\t(b)\tstopped at a place indicated by the authorised officer as the nearest place for it to be safely stopped.\n\t(4)\tA person given a direction under subsection (1) must comply with the direction, unless the person has a reasonable excuse.\n\t(5)\tWhen the heavy vehicle stops, the authorised officer must as soon as practicable produce for the inspection of the vehicle's driver—\n\t(a)\tfor 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\t(b)\tfor 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\t(6)\tSubsection (5)(a) does not apply to a police officer in uniform.\nstop a heavy vehicle means to stop the vehicle and keep it stationary.\n514—Direction not to move or interfere with heavy vehicle etc to enable exercise of other powers\n\t(1)\tTo 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—\n\t(a)\tmove the vehicle; or\n\t(b)\tinterfere with the vehicle or any equipment in it; or\n\t(c)\tinterfere with the vehicle's load.\n\t(2)\tThe direction may be given orally or in any other way, including, for example, by way of a sign or electronic or other signal.\n\t(3)\tA person given a direction under subsection (1) must comply with the direction, unless the person has a reasonable excuse.\nDivision 3—Moving heavy vehicle\n515—Definition for Division 3\nunattended, for a heavy vehicle, means—\n\t(a)\tthere is no‑one in or near the vehicle who appears to be its driver; or\n\t(b)\tthere is a person in or near the vehicle who appears to be its driver but the person is—\n\t(i)\tunwilling, or not qualified or fit, to drive the vehicle; or\n\t(ii)\tnot authorised by the operator of the vehicle to drive it; or\n\t(iii)\tsubject to a direction under section 524.\n516—Direction to move heavy vehicle to enable exercise of other powers\n\t(1)\tTo 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—\n\t(a)\twhere the vehicle was stationary or stopped; or\n\t(b)\tif 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.\n\t(2)\tThe direction may be made orally or in any other way, including, for example—\n\t(a)\tfor a direction given to the driver of a heavy vehicle—by way of a sign or electronic or other signal; or\n\t(b)\tfor a direction given to the operator of a heavy vehicle—by radio, telephone, fax or email.\n\t(3)\tA person given a direction under subsection (1) must comply with the direction, unless the person has a reasonable excuse.\n\t(4)\tWithout 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—\n\t(a)\tit was not possible to move the heavy vehicle because it was broken down; and\n\t(b)\tthe breakdown happened for a physical reason beyond the person's control; and\n\t(c)\tthe breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time.\n517—Direction to move heavy vehicle if causing harm etc\n\t(1)\tThis section applies if an authorised officer reasonably believes a stationary heavy vehicle is—\n\t(a)\tcausing, or creating a risk of, serious harm to public safety, the environment or road infrastructure; or\n\t(b)\tobstructing traffic or likely to obstruct traffic.\n\t(2)\tThe authorised officer may direct the driver or operator of the heavy vehicle to do either or both of the following:\n\t(a)\tmove the vehicle, or cause it to be moved, to the extent necessary to avoid the harm or obstruction;\n\t(b)\tdo, or cause to be done, anything else the officer reasonably requires to avoid the harm or obstruction.\n\t(3)\tThe direction may be made orally or in any other way, including, for example—\n\t(a)\tfor a direction given to the driver of a heavy vehicle—by way of a sign or electronic or other signal; or\n\t(b)\tfor a direction given to the operator of a heavy vehicle—by radio, telephone, fax or email.\n\t(4)\tA person given a direction under subsection (2) must comply with the direction, unless the person has a reasonable excuse.\n\t(5)\tWithout 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—\n\t(a)\tit was not possible to move the heavy vehicle because it was broken down; and\n\t(b)\tthe breakdown happened for a physical reason beyond the person's control; and\n\t(c)\tthe breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time.\n518—Moving unattended heavy vehicle on road to exercise another power\n\t(1)\tThis section applies if an authorised officer—\n\t(a)\treasonably believes a heavy vehicle on a road is unattended; and\n\t(b)\tintends to exercise a power under this Law in relation to the heavy vehicle; and\n\t(c)\treasonably believes it is necessary to move the heavy vehicle to enable the exercise of the power.\n\t(2)\tTo the extent reasonably necessary to enable the exercise of the power, the authorised officer—\n\t(a)\tmay move the heavy vehicle; or\n\t(b)\tauthorise someone else (the assistant) to move the heavy vehicle.\nby driving, pushing or towing the heavy vehicle\n\t(3)\tThe authorised officer or assistant may enter the heavy vehicle to enable the authorised officer or assistant to move it.\n\t(4)\tDespite subsection (2), the authorised officer—\n\t(a)\tmay only drive the heavy vehicle if the officer is qualified and fit to drive it; and\n\t(b)\tmay only authorise the assistant to drive the heavy vehicle if the assistant is qualified and fit to drive it.\n\t(6)\tThe authorised officer or assistant may—\n\t(a)\topen unlocked doors and other unlocked panels and things in the heavy vehicle; and\n\t(b)\tuse the force that is reasonably necessary to—\n\t(i)\tgain access to the heavy vehicle, its engine or other mechanical components to enable it to be moved; or\n\t(ii)\tenable the heavy vehicle to be towed.\n\t(7)\tThe 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\t(8)\tThe notification may be given orally or in any other way, including, for example, by radio, telephone, fax or email.\n519—Moving unattended heavy vehicle on road if causing harm etc\n\t(a)\ta heavy vehicle on a road is unattended; and\n\t(b)\tthe heavy vehicle is—\n\t(i)\tcausing, or creating an imminent risk of, serious harm to public safety, the environment or road infrastructure; or\n\t(ii)\tobstructing traffic or likely to obstruct traffic.\n\t(2)\tThe 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\n\t(3)\tThe authorised officer or assistant may—\n\t(a)\tenter the heavy vehicle to enable the authorised officer or assistant to move it; and\n\t(b)\tfor a combination—separate any or all of the component vehicles of the combination for the purpose of moving 1 or more of them.\n\t(4)\tThe 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\t(6)\tIn 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\t(7)\tThe 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.\nDivision 4—Inspecting and searching heavy vehicles\n520—Power to enter and inspect heavy vehicles for monitoring purposes\n\t(1)\tAn authorised officer may enter and inspect a heavy vehicle for monitoring purposes.\n\t(2)\tWithout limiting subsection (1), the authorised officer may—\n\t(a)\tinspect, examine or film any part of the heavy vehicle or any part of its equipment or load; and\n\t(b)\twithout 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\t(c)\tinspect a relevant document in the heavy vehicle; and\n\t(d)\tcopy, or take an extract from, a relevant document in the heavy vehicle; and\n\t(e)\tproduce 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\t(f)\ttake an extract of relevant information from a device or other thing found in the heavy vehicle, including, for example—\n\t(ii)\tby accessing and downloading relevant information from the device or other thing.\nExample of device or other thing—\n\t(3)\tThe authorised officer may take a necessary step to allow the exercise of a power under subsection (1) or (2), including, for example—\n\t(a)\topen an unlocked door or an unlocked panel or thing on the heavy vehicle; and\n\t(b)\tmove but not take away anything that is not locked up or sealed.\n\t(4)\tHowever, this section does not authorise an authorised officer to use force for exercising a power under this section.\n\t(5)\tIf 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.\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.\n521—Power to enter and search heavy vehicle involved, or suspected to be involved, in an offence etc\n\t(1)\tAn authorised officer may, using necessary and reasonable help and force, enter and search a heavy vehicle for investigation purposes if the officer reasonably believes—\n\t(a)\tthe vehicle is being, or has been, used to commit an offence against this Law; or\n\t(b)\tthe 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\t(c)\tthe 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\t(2)\tThe authorised officer may form the necessary belief—\n\t(a)\tduring or after an inspection of the heavy vehicle under Chapter 9 Part 2 or section 520; or\n\t(b)\tindependently of an inspection of the heavy vehicle under Chapter 9 Part 2 or section 520.\n\t(3)\tWithout limiting subsection (1), the authorised officer may—\n\t(a)\tsearch any part of the heavy vehicle or any part of its equipment or load for evidence of an offence against this Law; and\n\t(b)\tinspect, examine or film any part of the heavy vehicle or any part of its equipment or load; and\n\t(c)\twithout 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\t(d)\tsearch for and inspect a document, device or other thing in the heavy vehicle; and\n\t(e)\ttake an extract from a document, device or other thing in the heavy vehicle, including, for example—\n\t(i)\tby 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\t(ii)\tby accessing and downloading information from a device or other thing in the vehicle; and\nExamples of device or other thing—\n\t(f)\tcopy a document in the heavy vehicle, or take a document in the heavy vehicle somewhere else to copy it; and\nExamples of documents for the purposes of paragraphs (e) and (f)—\n\t•\ta document required to be kept in the vehicle under this Law or a heavy vehicle accreditation\n\t•\ttransport documentation\n\t•\tjourney documentation\n\t•\ta document the authorised officer reasonably believes provides, or may provide on further inspection, evidence of an offence against this Law\n\t(g)\tproduce 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\t(h)\ttake the persons, equipment or materials the officer reasonably requires into or onto the heavy vehicle.\n\t(4)\tIf 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\t(5)\tIf 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\t(6)\tThis 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\t(7)\tThe power to search under this section does not include a power to search a person.\n522—Power to order presentation of heavy vehicles for inspection\n\t(1)\tAn 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—\n\t(a)\tthat 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—\n\t(i)\tthe driver of the vehicle has not complied with this Law in driving a heavy vehicle of that kind; or\n\t(ii)\tthe vehicle does not comply with this Law; or\n\t(iii)\tthe vehicle is a defective heavy vehicle as defined in section 525; or\n\t(b)\twithout limiting paragraph (a), for the purpose of deciding if a vehicle defect notice for the vehicle can be cleared under section 530.\n\t(1a)\tAn 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—\n\t(a)\tthe vehicles in that category do not comply with this Law; or\n\t(b)\tthe vehicles in that category are defective heavy vehicles as defined in section 525.\n\t(2)\tA notice must be served on—\n\t(a)\tthe person in charge of the heavy vehicle or category of heavy vehicles; or\n\t(b)\tthe registered operator or, if the heavy vehicle or category of heavy vehicles is not registered, an owner.\n\t(3)\tIf a notice has been served on a person under this section—\n\t(a)\tthe 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\t(b)\tsubject to paragraph (c), the authorised officer must—\n\t(i)\tconsider the request; and\n\t(ii)\tvary the notice by changing the place or time; and\n\t(iii)\tnotify the person of the change; and\n\t(c)\tthe authorised officer may refuse the request if the officer considers—\n\t(i)\tthere may be a safety risk in acceding to the request; or\n\t(ii)\tthe request is made for an improper reason; or\n\t(iii)\tit is otherwise not reasonable to vary the notice.\n\t(4)\tAn inspection may include any tests an authorised officer decides to be appropriate.\n\t(5)\tA person must not fail to produce a heavy vehicle for inspection—\n\t(a)\tsubject to paragraph (b), at the place and time stated in the notice served on the person; or\n\t(b)\tif the notice has been varied under this section, at the place and time stated in the notice as varied.\n\t(6)\tAn authorised officer may act under subsection (1a) only if—\n\t(a)\tfor 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\t(b)\tfor 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).\nDivision 5—Other powers in relation to all heavy vehicles\n523—Starting or stopping heavy vehicle engine\n\t(1)\tTo 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—\n\t(a)\ta person fails to comply with a requirement made by an authorised officer under section 577 to take the prescribed action; or\n\t(b)\tno responsible person for the heavy vehicle is available or willing to take the prescribed action; or\n\t(c)\tthe 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\t(2)\tThe authorised officer or assistant may use the force that is reasonably necessary to enter the heavy vehicle and take the prescribed action.\n\t(3)\tSubsection (2) does not authorise the authorised officer or assistant to use force against a person.\n\t(4)\tIt is immaterial that—\n\t(b)\tthe authorised officer or assistant is not—\n\t(i)\tauthorised by the operator to take the prescribed action; or\n\t(ii)\tqualified to take the prescribed action.\n\t(5)\tThis section does not authorise the authorised officer or assistant to drive the heavy vehicle.\n\t(6)\tIn 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.\nstart, in relation to a heavy vehicle's engine, includes run the engine.\n524—Direction to leave heavy vehicle\n\t(a)\tthe driver of a heavy vehicle fails to comply with a direction given by an authorised officer under this Chapter; or\n\t(b)\tan 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\t(c)\tan 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\t(2)\tThe authorised officer may direct the driver to do 1 or more of the following:\n\t(a)\tto vacate the driver's seat;\n\t(b)\tto leave the heavy vehicle;\n\t(c)\tnot to occupy the driver's seat until permitted by an authorised officer;\n\t(d)\tnot to enter the heavy vehicle until permitted by an authorised officer.\n\t(3)\tThe authorised officer may direct any other person accompanying the driver of the heavy vehicle to do either or both of the following:\n\t(a)\tto leave the vehicle;\n\t(b)\tnot to enter the vehicle until permitted by an authorised officer.\n\t(4)\tA 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\t(5)\tA person given a direction under subsection (2) or (3) must comply with the direction unless the person has a reasonable excuse.\nDivision 6—Further powers in relation to heavy vehicles concerning heavy vehicle standards\n525—Definitions for Division 6\ndefective heavy vehicle means a heavy vehicle that—\n\t(a)\tcontravenes the heavy vehicle standards; or\n\t(b)\thas a part that—\n\t(i)\tdoes not perform its intended function; or\n\t(ii)\thas deteriorated to an extent that it cannot be reasonably relied on to perform its intended function;\ndefective vehicle label means a label—\n\t(a)\tfor attaching to a heavy vehicle to which a major defect notice or minor defect notice applies; and\n\t(b)\tstating—\n\t(i)\tthe vehicle's registration number or, if the vehicle is not registered, a vehicle identifier of the vehicle; and\n\t(ii)\tthat the vehicle must not be used on a road except as specified in the notice; and\n\t(iii)\tthe identification details for the authorised officer who issued the notice; and\n\t(iv)\tthe day and time the notice was issued; and\n\t(v)\tthe number of the notice;\nidentification details, for an authorised officer, means details to identify the authorised officer, including, for example—\n\t(a)\tthe officer's name; or\n\t(b)\tan identification number allocated to the officer under this Law or another law;\nvehicle identifier means—\n\t(a)\ta VIN; or\n\t(b)\tengine number; or\n\t(c)\tchassis number; or\n\t(d)\tanother identifying number issued by a registration authority.\nan unregistered vehicle permit number\n526—Issue of vehicle defect notice\n\t(1)\tThis section applies if an authorised officer who has inspected a heavy vehicle under this Law reasonably believes—\n\t(a)\tthe vehicle is a defective heavy vehicle; or\n\t(b)\ta number plate of the vehicle is wholly or partly obscured, defaced or otherwise not legible.\n\t(2)\tThe authorised officer may issue the following vehicle defect notice in relation to the heavy vehicle, in the way mentioned in subsection (3)—\n\t(a)\tif 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\t(b)\tif 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\t(c)\tif 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\t(3)\tThe authorised officer may issue the vehicle defect notice by—\n\t(a)\tif the driver of the heavy vehicle is present—giving the notice to the driver; or\n\t(b)\tif the driver of the heavy vehicle is not present—attaching the notice to the vehicle.\n\t(4)\tIf 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.\n527—Requirements about vehicle defect notice\n\t(1)\tA vehicle defect notice for a heavy vehicle must be in the approved form and state the following:\n\t(a)\tthat the notice is a major defect notice, minor defect notice or self‑clearing defect notice;\n\t(aa)\tthat—\n\t(i)\tthe vehicle is a defective heavy vehicle; or\n\t(ii)\ta number plate of the vehicle is wholly or partly obscured, defaced or otherwise not legible;\n\t(ab)\tif the vehicle is a defective heavy vehicle—details of how the vehicle is a defective heavy vehicle;\n\t(b)\tfor 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\t(c)\tfor a minor defect notice—\n\t(i)\tthat corrective action must be taken by a stated time (the due time); and\n\t(ii)\tthat, after the due time, the vehicle must not be used on a road unless corrective action has been taken;\n\t(ca)\tfor a self‑clearing defect notice—\n\t(i)\tthat corrective action must be taken by a stated day (the due day) not more than 28 days after the notice is issued; and\n\t(ii)\tthat, after the due day, the vehicle must not be used on a road unless corrective action has been taken;\n\t(d)\tthe 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\t(e)\tdetails to identify the vehicle, including, for example—\n\t(i)\tthe vehicle's registration number, or if the vehicle is not registered, a vehicle identifier of the vehicle; or\n\t(ii)\tthe vehicle's make and category;\n\t(f)\tthe nature of the inspection that led to the notice being issued;\n\t(g)\twhether an infringement notice was also given when the notice was issued;\n\t(h)\tthe identification details for the authorised officer who issued the notice;\n\t(i)\tthe day and time the notice was issued;\n\t(j)\tfor a major defect notice or minor defect notice—\n\t(i)\tthat, 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\t(ii)\tany conditions imposed under subsection (2).\n\t(2)\tThe 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\t(3)\tAny conditions imposed under subsection (2) are taken to form part of the vehicle defect notice concerned.\ncorrective action, for a vehicle, means action that stops—\n\t(a)\tthe vehicle from being a defective heavy vehicle; or\n\t(b)\ta number plate of the vehicle being wholly or partly obscured, defaced or otherwise not legible.\n528—Defective vehicle labels\n\t(1)\tIf 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\t(2)\tIf 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\t(3)\tA person must not remove or deface a defective vehicle label attached to a heavy vehicle under subsection (1) or (2).\n\t(4)\tSubsection (3) does not apply to a person removing a defective vehicle label under section 530(2) or 531(5).\n528A—Information not included in notice or label\n\t(1)\tThis section applies to information required to be included—\n\t(a)\tin a defective vehicle label under section 525 (see paragraph (b)(i) of the definition of defective vehicle label); or\n\t(b)\tin a vehicle defect notice under section 527(1)(e).\n\t(2)\tThe information need only be included if it is reasonably practicable and safe for the authorised officer to obtain the information.\n529—Using heavy vehicles contrary to vehicle defect notice\nA person must not use, or permit to be used, on a road a heavy vehicle in contravention of a vehicle defect notice.\n\t(a)\tfor a major defect notice or minor defect notice—$6 000; or\n\t(b)\tfor a self‑clearing defect notice—$3 000.\n529AA—Permission to use vehicle the subject of a self‑clearing defect notice\n\t(1)\tAn 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\t(2)\tThe 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\t(3)\tThe use of the vehicle under the permission, in accordance with the condition, is not a contravention of the self‑clearing defect notice.\n529A—Permission to use vehicle the subject of a major or minor defect notice\n\t(1)\tAn 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\t(2)\tThe authorised officer may give the permission only if—\n\t(a)\tthe officer is satisfied—\n\t(i)\tthe 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\t(ii)\tthe use of the vehicle will not pose an imminent and serious safety risk; and\n\t(iii)\tthe request is necessary and reasonable; or\n\t(b)\tthe officer is satisfied—\n\t(i)\tthe 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\t(ii)\tthe use of the vehicle will not pose a safety risk; and\n\t(iii)\tthe request is necessary and reasonable.\n\t(3)\tFor the purpose of subsection (2)(a)(ii) or (b)(ii), an authorised officer may require evidence of adequate repairs or other measures.\n\t(4)\tThe permission is subject to conditions that—\n\t(a)\tthe use of the vehicle will be as mentioned in subsection (2)(a)(i) or (b)(i); and\n\t(b)\tin 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\t(5)\tThe authorised officer may also impose other reasonable conditions on the permission.\n\t(6)\tThe use of the vehicle under the permission is not a contravention of the vehicle defect notice.\n\t(7)\tThe use of a vehicle in contravention of a condition under subsection (4) or (5) is a contravention of the vehicle defect notice.\n529B—Permitted use of vehicle the subject of a major or minor defect notice without permission of authorised officer\n\t(1)\tA heavy vehicle that is the subject of a major defect notice or minor defect notice may be used on a road if—\n\t(a)\tthe relevant repairs have been carried out; and\n\t(b)\tthe vehicle is being taken to a place to be inspected for the purpose of enabling the vehicle defect notice to be cleared under section 530; and\n\t(c)\tthe vehicle is not carrying goods or passengers; and\n\t(d)\tthe use of the vehicle does not pose a safety risk.\n\t(2)\tAn 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\t(3)\tSubsection (1) stops applying to the vehicle if the driver fails to comply with the requirement.\n\t(4)\tThe use of the heavy vehicle under subsection (1) is not a contravention of the vehicle defect notice.\n530—Clearance of major or minor defect notices\n\t(1)\tA major defect notice or minor defect notice may be cleared by the Regulator if—\n\t(a)\tthe Regulator decides the vehicle is no longer a defective heavy vehicle; or\n\t(b)\tthe 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\t(2)\tIf 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.\n531—Amendment or withdrawal of vehicle defect notices\n\t(1)\tA 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—\n\t(a)\tis a police officer of this jurisdiction; or\n\t(b)\tis a police officer of another jurisdiction if the Application Act of this jurisdiction permits this to be done; or\n\t(c)\tis 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\t(2)\tA 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\t(3)\tIf 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—\n\t(a)\tthe Regulator; and\n\t(b)\tone of the following:\n\t(i)\tthe person to whom the vehicle defect notice was given;\n\t(ii)\tthe person in charge of the vehicle;\n\t(iii)\tthe registered operator;\n\t(iv)\tif the vehicle is not registered—an owner.\n\t(4)\tIf 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.\n\t(5)\tIf 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.\nDivision 7—Further powers in relation to heavy vehicles concerning mass, dimension or loading requirements\n532—Application of Division 7\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.\n533—Powers for minor risk breach of mass, dimension or loading requirement\n\t(1)\tThis section applies if an authorised officer reasonably believes a heavy vehicle—\n\t(a)\tis the subject of 1 or more minor risk breaches of mass, dimension or loading requirements; and\n\t(b)\tis not, or is no longer, also the subject of a substantial, or severe, risk breach of a mass, dimension or loading requirement.\n\t(2)\tIf the authorised officer reasonably believes it appropriate in the circumstances, the officer may direct the driver or operator of the heavy vehicle—\n\t(a)\tto immediately rectify stated breaches of mass, dimension or loading requirements relating to the vehicle; or\n\t(b)\tto 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.\nExamples of circumstances for the purposes of subsection (2)—\n1\tRectification is reasonable and can be carried out easily.\n2\tRectification is necessary in the public interest to avoid a safety risk, damage to road infrastructure or an adverse effect on public amenity.\n\t(3)\tA place mentioned in subsection (2)(b) must be—\n\t(a)\ta place the authorised officer reasonably believes is suitable for the purpose of complying with the direction; and\n\t(b)\twithin a 30km radius from—\n\t(i)\twhere the heavy vehicle is located when the direction is given; or\n\t(ii)\tif the direction is given in the course of the heavy vehicle's journey—any point along the forward route of the journey.\n\t(4)\tIf 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\t(5)\tA direction given under subsection (2) must be in writing and may be given with or without conditions.\n\t(6)\tDespite 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\t(7)\tThe person to whom a direction is given under this section must comply with the direction, unless the person has a reasonable excuse.\n534—Powers for substantial risk breach of mass, dimension or loading requirement\n\t(a)\ta heavy vehicle is the subject of 1 or more substantial risk breaches of mass, dimension or loading requirements; and\n\t(b)\tthe heavy vehicle is not, or is no longer, also the subject of a severe risk breach of a mass, dimension or loading requirement.\n\t(2)\tThe authorised officer must direct the driver or operator of the heavy vehicle—\n\t(a)\tnot to move the vehicle until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified; or\n\t(b)\tto 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.\nExamples of reasonable place for the purposes of paragraph (b)—\n\t•\tthe intended destination of the heavy vehicle's journey\n\t•\ta depot of the heavy vehicle or, if the heavy vehicle is a combination, a depot of a vehicle in the combination\n\t•\ta weighbridge\n\t•\ta rest area\n\t•\ta place where the heavy vehicle can be loaded or unloaded\n\t(3)\tA direction given under subsection (2) must be in writing and may be given with or without conditions.\n\t(4)\tDespite 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\t(5)\tThe person to whom a direction is given under this section must comply with the direction, unless the person has a reasonable excuse.\n535—Powers for severe risk breach of mass, dimension or loading requirement\n\t(1)\tThis 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\t(2)\tThe authorised officer must direct the driver or operator of the heavy vehicle—\n\t(a)\tnot to move the heavy vehicle until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified; or\n\t(b)\tif the prescribed circumstances exist—\n\t(i)\tto move the vehicle, or cause it to be moved, to the nearest stated safe location; and\n\t(ii)\tnot to proceed from there until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified.\n\t(3)\tA direction given under subsection (2) must be in writing and may be given with or without conditions.\n\t(4)\tDespite 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\t(5)\tThe person to whom a direction is given under this section must comply with the direction, unless the person has a reasonable excuse.\n\t(6)\tNothing 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.\nprescribed circumstances means—\n\t(a)\tthere is a risk of harm to public safety; or\n\t(b)\tthere 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—\n\t(a)\tincludes the risk of harm to the safety of people, or live animals, in the vehicle; but\n\t(b)\tdoes 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;\nExample of a safe location—\n\t•\ta depot of the heavy vehicle or, if the heavy vehicle is a combination, a depot of a vehicle in the combination\n\t•\ta weighbridge\n\t•\ta rest area\n\t•\ta place where the heavy vehicle can be loaded or unloaded\n536—Operation of direction in relation to a combination\n\t(1)\tThis section applies if a direction is given under this Division in relation to a heavy combination.\n\t(2)\tSubject to subsection (3), nothing in this Division prevents a component vehicle of the heavy combination from being separately driven or moved if—\n\t(a)\tthe component vehicle is not itself the subject of a contravention of a mass, dimension or loading requirement; and\n\t(b)\tit is not otherwise unlawful for the component vehicle to be driven or moved.\n\t(3)\tSubsection (2) does not apply if a condition of the direction prevents the component vehicle from being separately driven or moved.\nDivision 8—Further powers in relation to fatigue‑regulated heavy vehicles\n537—Application of Division 8\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.\n538—Requiring driver to rest for contravention of maximum work requirement\n\t(1)\tThis 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\t(2)\tIf 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—\n\t(a)\tto immediately rest for a stated period in accordance with a minimum rest requirement applying to the driver; and\n\t(b)\tto work for a stated shorter period when the driver next works to compensate for the excess period worked.\n\t(3)\tIf 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—\n\t(a)\tto immediately rest for a stated period in accordance with a minimum rest requirement applying to the driver; and\n\t(b)\tto work for a stated shorter period when the driver next works to compensate for the excess period worked.\n\t(4)\tIf 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.\n539—Requiring driver to rest for contravention of minimum rest requirement\n\t(1)\tThis 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\t(2)\tIf 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—\n\t(a)\tto 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\t(b)\tif 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\t(3)\tIf 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—\n\t(a)\tto 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\t(b)\tto 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\t(c)\tif 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\t(4)\tIf 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.\n540—Requiring driver to stop working if impaired by fatigue\n\t(1)\tThis section applies if an authorised officer reasonably believes the driver of a fatigue‑regulated heavy vehicle is impaired by fatigue.\n\t(2)\tThe authorised officer may, by notice—\n\t(a)\trequire the driver to immediately stop work and not work again for a stated period; and\n\t(b)\tif 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\t(3)\tA 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\t(4)\tIf 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 541deals 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\t(5)\tIf 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\t(6)\tThe 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.\n541—Requiring driver to stop working if work diary not produced or unreliable\n\t(a)\tan 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\t(i)\tthe driver has failed to produce the diary without a reasonable excuse; or\n\t(ii)\tthe 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\t(iii)\tthe authorised officer reasonably believes the work diary, or purported work diary, produced by the driver cannot be relied on as an accurate record of the time the driver recently spent working or resting.\nExamples for the purposes of subparagraph (iii)—\n\t•\tInformation in the work diary appears to be incorrect.\n\t•\tParticular information appears to be missing from the work diary.\n\t•\tThe work diary appears to have been tampered with.\n\t(2)\tThe 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.\n542—Compliance with requirement under this Division\n\t(1)\tA person given a notice under this Division must comply with the notice, unless the person has a reasonable excuse.\n\t(2)\tAn 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—\n\t(a)\tthe 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\t(b)\tthe 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.\nPart 4—Other powers\nDivision 1—Powers relating to equipment\n543—Power to use equipment to access information\n\t(a)\ta 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\t(b)\tequipment at the place, or in the vehicle, may be used with the storage device to access information on the storage device; and\n\t(c)\tthe authorised officer reasonably believes information stored on the storage device may be relevant for deciding whether this Law is being complied with.\n\t(2)\tThe authorised officer, or a person helping the officer, may operate the equipment to access the information.\n\t(3)\tA 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.\nequipment, at a place or in a vehicle, includes equipment taken into the place or vehicle by the authorised officer.\n544—Power to use equipment to examine or process a thing\n\t(1)\tAn 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\t(2)\tAlso, 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—\n\t(a)\toperate equipment in the vehicle to examine or process the thing; or\n\t(b)\tmove 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\t(3)\tHowever, subsections (1) and (2) only apply if the authorised officer or person reasonably believes—\n\t(a)\tthe equipment is suitable for exercising the power; and\n\t(b)\tthe power can be exercised without damaging the equipment or thing.\nequipment, at a place or in a vehicle, includes equipment taken into the place or vehicle by the authorised officer.\nDivision 2—Seizure and embargo notices\nSubdivision 1—Power to seize\n545—Seizing evidence at a place that may be entered without consent or warrant\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.\n546—Seizing evidence at a place that may be entered only with consent or warrant\n\t(a)\tan authorised officer is authorised to enter a place only with the consent of an occupier at the place or a warrant; and\n\t(b)\tthe authorised officer enters the place after obtaining the necessary consent or under a warrant.\n\t(2)\tIf the authorised officer enters the place with the occupier's consent, the officer may seize a thing at the place if—\n\t(a)\tthe officer reasonably believes the thing is evidence of an offence against this Law; and\n\t(b)\tseizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier's consent.\n\t(3)\tIf the authorised officer enters the place under a warrant, the officer may seize the evidence for which the warrant was issued.\n\t(4)\tThe authorised officer may also seize anything else at the place if the officer reasonably believes—\n\t(a)\tthe thing is evidence of an offence against this Law; and\n\t(b)\tthe seizure is necessary to prevent the thing being—\n\t(i)\thidden, lost or destroyed; or\n\t(ii)\tused to continue, or repeat, the offence.\n547—Seizing evidence in a heavy vehicle entered under section 521\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.\n548—Additional seizure power relating to information stored electronically\n\t(1)\tThis section applies if, under this Chapter, an authorised officer, or a person helping an authorised officer—\n\t(a)\tenters a place or heavy vehicle; and\n\t(b)\tfinds 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\t(2)\tThe authorised officer or person may—\n\t(a)\tput the information in documentary form and seize the document; or\n\t(b)\tcopy the information from the original information storage device to another information storage device and seize the other information storage device; or\n\t(c)\tseize 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—\n\t(i)\tit 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\t(ii)\tthe officer or person reasonably believes the device and equipment can be seized without being damaged.\n549—Seizing thing or sample taken for examination under section 500\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—\n\t(a)\tthe officer reasonably believes the thing or sample is evidence of an offence against this Law; and\n\t(b)\thad 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.\n550—Seizure of property subject to security\n\t(1)\tAn 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\t(2)\tHowever, 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.\n551—Seizure of number plates\n\t(1)\tWithout 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\t(2)\tAn authorised officer may seize a number plate (whether or not displayed on a heavy vehicle) if the officer reasonably believes—\n\t(a)\tthat the number plate is being used other than in accordance with an Australian road law; or\n\t(b)\tthat the number plate was not issued in accordance with an Australian road law.\n\t(3)\tAn authorised officer may seize a number plate if it is displayed on a heavy vehicle and the officer reasonably believes—\n\t(a)\tthat the number plate does not bear the registration number last assigned to the vehicle; or\n\t(b)\tthat—\n\t(i)\tthe vehicle is not registered or exempted from registration; and\n\t(ii)\tthe period during which the registration of the vehicle may be renewed has expired.\n\t(4)\tAn authorised officer may retain—\n\t(a)\ta 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\t(b)\ta number plate seized under (3) until the officer is satisfied that circumstances exist that allow it to be used without being subject to retention under this subsection.\n\t(5)\tAn authorised officer must return a number plate seized under subsection (2) or (3) to—\n\t(a)\tthe driver or operator of the vehicle, if the officer is satisfied as to the relevant matters referred to in subsection (4); or\n\t(b)\tan appropriate authority, if the officer is not satisfied as to those matters after a reasonable period.\n\t(6)\tThe national regulations may prescribe, or prescribe guidelines for determining, an appropriate authority for the purposes of subsection (5).\n552—Restriction on power to seize certain things\n\t(1)\tThis Chapter does not authorise an authorised officer to seize—\n\t(a)\ta heavy vehicle; or\n\t(b)\ta thing, or a thing of a class, prescribed by the national regulations.\n\t(2)\tSubsection (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.\nSubdivision 2—Powers to support seizure\n553—Requirement of person in control of thing to be seized\n\t(1)\tTo enable a thing to be seized under this Chapter, an authorised officer may require the person in control of it—\n\t(a)\tto take it to a stated reasonable place by a stated reasonable time; and\n\t(b)\tif necessary, to remain in control of it at the stated place for a stated reasonable period.\n\t(2)\tThe requirement—\n\t(a)\tmust be made by notice; or\n\t(b)\tif for any reason it is not practicable to give a notice, may be made orally and confirmed by notice as soon as practicable.\n\t(3)\tA person of whom a requirement is made under this section must comply with the requirement, unless the person has a reasonable excuse.\nSubdivision 3—Safeguards for seized things or samples\n554—Receipt for seized thing or sample\n\t(1)\tThis section applies if an authorised officer seizes a thing or sample under this Chapter unless—\n\t(a)\tit is impracticable or unreasonable for the officer to account for the thing or sample given its condition, nature and value; or\n\t(b)\tfor 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\t(2)\tThe 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\t(3)\tHowever, 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\t(4)\tThe receipt may relate to more than 1 seized thing.\nrelevant person means—\n\t(a)\tfor a thing or sample seized under section 549—\n\t(i)\tan owner of the thing or sample; or\n\t(ii)\ta 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\t(b)\tfor a thing seized under this Chapter other than under section 549—\n\t(i)\tan owner of the thing; or\n\t(ii)\ta person in possession of the thing before it was seized.\n555—Access to seized thing\n\t(1)\tUntil a thing seized under this Chapter is forfeited or returned, the authorised officer who seized the thing must allow any owner of the thing—\n\t(a)\tto inspect it at any reasonable time and from time to time; and\n\t(b)\tif it is a document—to copy it.\n\t(2)\tSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n\t(3)\tThe inspection or copying must be allowed free of charge.\n556—Return of seized things or samples\n\t(a)\tan authorised officer has seized a thing or sample under this Chapter; and\n\t(b)\tthe thing or sample is not forfeited under Division 3.\n\t(2)\tIf an authorised officer is satisfied that—\n\t(a)\tthe thing or sample is not required (or is no longer required) as evidence of an offence against this Law; and\n\t(b)\tthe 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\t(c)\tthe 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.\n\t(3)\tAn application for the return of the thing or sample may be made to the relevant tribunal or court by—\n\t(a)\tthe person from whom it was seized; or\n\t(b)\ta person who claims to be the owner; or\n\t(c)\tan authorised officer.\n\t(4)\tIf the relevant tribunal or court is satisfied that—\n\t(a)\tthe thing or sample is not required (or is no longer required) as evidence of an offence against this Law; and\n\t(b)\tthe 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\t(c)\tthere 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.\n\t(5)\tThe national regulations may—\n\t(a)\tprovide for the procedures to be followed when an application is made under subsection (3); and\n\t(b)\twithout limiting paragraph (a)—\n\t(i)\tprovide 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\t(ii)\tspecify the information that is to be included in the notification.\n\t(6)\tNothing in this section affects a lien or other security over a thing.\n\t(7)\tNothing 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.\nSubdivision 4—Embargo notices\n557—Power to issue embargo notice\n\t(a)\tan authorised officer may seize a thing under this Chapter; and\n\t(b)\tthe thing cannot, or cannot readily, be physically seized and removed.\n\t(2)\tThe 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\t(3)\tThe embargo notice—\n\t(a)\tmust be in the approved form; and\n\t(b)\tmust list the activities it prohibits; and\n\t(c)\tmust include a copy of section 558.\n\t(4)\tThe authorised officer may issue the embargo notice—\n\t(a)\tby causing a copy of it to be served on the relevant entity; or\n\t(b)\tif a relevant entity cannot 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.\ndealing, with a thing or part of a thing, includes—\n\t(a)\tmoving, selling, leasing or transferring the thing or part; and\n\t(b)\tchanging information on, or deleting information from, the thing or part;\nrelevant entity, for an embargo notice, means—\n\t(a)\tthe driver of the heavy vehicle to which the thing the subject of the notice relates; or\n\t(b)\tthe occupier of the place in which the thing the subject of the notice is located.\n558—Noncompliance with embargo notice\n\t(1)\tA person (the relevant person) who knows an embargo notice relates to a thing must not—\n\t(a)\tdo anything the notice prohibits; or\n\t(b)\tinstruct someone else (the other person) to do anything the notice prohibits—\n\t(i)\tanyone from doing; or\n\t(ii)\tthe relevant person or other person from doing.\n\t(2)\tIn 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—\n\t(a)\tmoved the embargoed thing, or part, to protect or preserve it; and\n\t(b)\tnotified 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\t(3)\tA person served with an embargo notice must ensure, so far as is reasonably practicable, another person does not do anything prohibited by the notice.\n\t(4)\tDespite any other Act or law, a sale, lease, transfer or other dealing with an embargoed thing in contravention of this section is void.\n559—Power to secure embargoed thing\n\t(1)\tAn authorised officer may take reasonable action to restrict access to an embargoed thing.\n\t(2)\tFor the purposes of subsection (1), the authorised officer may, for example—\n\t(a)\tseal 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\t(b)\tfor equipment—make it inoperable; or\ndismantling equipment or removing a component of equipment without which the equipment cannot be used\n\t(c)\trequire 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\t(3)\tA person of whom a requirement is made under subsection (2)(c) must comply with the requirement, unless the person has a reasonable excuse.\n\t(4)\tIf 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—\n\t(a)\tan authorised officer's approval; or\n\t(b)\ta reasonable excuse.\n\t(5)\tIf 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—\n\t(a)\tan authorised officer's approval; or\n\t(b)\ta reasonable excuse.\n\t(6)\tThe 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.\n560—Withdrawal of embargo notice\n\t(a)\tan authorised officer has issued an embargo notice for a thing; and\n\t(b)\tthe thing has not been forfeited under Division 3.\n\t(2)\tThe authorised officer must withdraw the embargo notice—\n\t(a)\tgenerally—at the end of 3 months after it is issued; or\n\t(b)\tif 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\t(c)\tif 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\t(3)\tDespite 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—\n\t(a)\tthe thing is no longer required as evidence of an offence against this Law; and\n\t(b)\tit is not necessary for the notice to continue to prevent the thing being used to continue, or repeat, the offence.\n\t(4)\tAn 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\t(5)\tThe relevant tribunal or court may order the extension if it is satisfied the continued operation of the embargo notice is necessary for investigation purposes.\nDivision 3—Forfeiture and transfers\n561—Power to forfeit particular things or samples\n\t(1)\tIf, 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—\n\t(a)\tafter making reasonable inquiries, cannot find its owner; or\n\t(b)\tafter making reasonable efforts, cannot return it to its owner.\n\t(2)\tHowever, the authorised officer is not required to—\n\t(a)\tmake inquiries if it would be unreasonable to make inquiries to find the owner; or\n\t(b)\tmake efforts if it would be unreasonable to make efforts to return the thing or sample to its owner.\nExample for the purposes of paragraph (b)—\nthe owner of the thing or sample has migrated to another country\n\t(3)\tRegard must be had to the thing's or sample's condition, nature and value in deciding—\n\t(a)\twhether it is reasonable to make inquiries or efforts; and\n\t(b)\tif inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n\t(4)\tA thing or sample seized under this Chapter by a police officer cannot be forfeited to the Regulator but must be dealt with under—\n\t(a)\tthe national regulations, except as provided by paragraph (b); or\n\t(b)\tapplicable legislation of the relevant State or Territory.\n562—Information notice for forfeiture decision\n\t(1)\tIf 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—\n\t(a)\tthe person from whom the thing or sample was seized; and\n\t(b)\tthe person who was the owner of the thing or sample immediately before the forfeiture; and\n\t(c)\teach person having a registered interest in the thing or sample.\n\t(2)\tThe information notice may be given—\n\t(a)\tby post; or\n\t(b)\tin 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—\n\t(i)\tfor 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\t(ii)\tfor a thing or sample seized under this Chapter other than under section 549—the place where the thing or sample was seized.\n\t(3)\tHowever, subsection (2)(b) does not apply if the place is—\n\t(a)\ta public place; or\n\t(b)\ta place where the notice is unlikely to be read by the person for whom it is intended.\n563—Forfeited or transferred thing or sample becomes property of the Regulator\nA thing or sample becomes the property of the Regulator if—\n\t(a)\tthe thing or sample is forfeited to the Regulator under section 561(1); or\n\t(b)\tthe 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.\n564—How property may be dealt with\n\t(1)\tThis section applies if, under section 563, a thing or sample becomes the property of the Regulator.\n\t(2)\tThe Regulator may take action under this section after giving 28 days' notice of the intention to do so to—\n\t(a)\tthe person from whom the thing or sample was seized; and\n\t(b)\tthe person who was the owner of the thing or sample immediately before the forfeiture; and\n\t(c)\teach person having a registered interest in the thing or sample.\n\t(3)\tThe Regulator may deal with the thing or sample as the Regulator considers appropriate, including, for example, by destroying it or giving it away.\n\t(4)\tThe 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\t(5)\tIf 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.\n565—Third party protection\n\t(1)\tThis section applies if, under section 563, a thing or sample becomes the property of the Regulator and applies to the following parties:\n\t(a)\tthe owner of the thing or sample, except where the owner gave consent under section 563(b);\n\t(b)\ta person who has a registered interest in the thing or sample.\n\t(2)\tA party mentioned in subsection (1) may apply to a relevant tribunal or court for an order—\n\t(a)\tthat 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\t(b)\tthat, if the applicant had a registered interest in the thing or sample immediately before it became the property of the Regulator—\n\t(i)\tthe thing or sample be sold; and\n\t(ii)\tthe 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\t(3)\tIf the thing or sample has been sold or otherwise disposed of, the Regulator must pay to—\n\t(a)\tan 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\t(b)\tan applicant who was an owner of the thing or sample, the amount obtained through its sale or disposal.\n\t(4)\tLeave 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\t(5)\tThe 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\t(6)\tThe relevant tribunal or court may make an order—\n\t(a)\tdeclaring 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\t(b)\tdirecting the Regulator—\n\t(i)\tif 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\t(ii)\tif 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\t(7)\tThe 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\t(8)\tAny 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\t(9)\tThe Regulator may deduct any reasonable costs incurred in dealing with the thing or sample from an amount ordered to be paid under this section.\n566—National regulations\nThe national regulations may prescribe—\n\t(a)\tthe 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\t(b)\tthe priority in which the proceeds of the disposal of anything under this Division are to be applied.\nDivision 4—Information‑gathering powers\n567—Power to require name, address and date of birth\n\t(1)\tThis section applies if an authorised officer—\n\t(a)\tfinds a person committing an offence against this Law; or\n\t(b)\tfinds a person in circumstances that lead the officer to reasonably suspect the person has committed an offence against this Law; or\n\t(c)\thas information that leads the officer to reasonably suspect a person has committed an offence against this Law; or\n\t(d)\treasonably 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\t(e)\treasonably suspects a person is or may be a responsible person for a heavy vehicle; or\n\t(f)\treasonably suspects a person is or may be able to help in the investigation of an offence against this Law.\n\t(2)\tThe authorised officer may require the person to state the person's name, address and date of birth.\n\t(3)\tThe authorised officer may also require the person to give evidence of the correctness of the stated name, address or date of birth if—\n\t(a)\tthe officer reasonably suspects that the stated name, address or date of birth is incorrect; and\n\t(b)\tin the circumstances, it would be reasonable to expect the person to—\n\t(i)\tbe in possession of evidence of the correctness of the stated name, address or date of birth; or\n\t(ii)\totherwise be able to give the evidence.\n\t(4)\tA person of whom a requirement is made under subsection (2) or (3) must comply with the requirement, unless the person has a reasonable excuse.\n\t(5)\tIf 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—\n\t(a)\tfor 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\t(b)\tfor 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\t(6)\tSubsection (5)(a) does not apply to a police officer in uniform.\n\t(7)\tIn 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—\n\t(a)\tthe person did not have a business address; or\n\t(b)\tthe person's business address was not connected, directly or indirectly, with road transport involving heavy vehicles.\n\t(8)\tThis 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.\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.\n568—Power to require production of document etc required to be in driver's possession\n\t(1)\tThis section applies if a heavy vehicle—\n\t(a)\tis stationary on a road; or\n\t(b)\tis in or at a place entered by an authorised officer under Chapter 9 Part 2; or\n\t(c)\thas been stopped under section 513.\n\t(2)\tAn authorised officer may, for compliance purposes, require the driver of the heavy vehicle to produce for inspection by the officer—\n\t(a)\tif 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\t(b)\ta document, device or other thing the driver is required under this Law to keep in the driver's possession while driving the vehicle.\n\t•\ta copy of a Commonwealth Gazette notice or permit\n\t•\ta work diary\nSection 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically.\n\t(3)\tA person of whom a requirement is made under subsection (2) must comply with the requirement, unless the person has a reasonable excuse.\n\t(a)\tfor a requirement under subsection (2)(a)—$6 000; or\n\t(b)\tfor a requirement under subsection (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\t(4)\tIt is not a reasonable excuse for the person to fail to comply with a requirement made under subsection (2)—\n\t(a)\tthat the person does not have the licence, document, device or other thing in his or her immediate possession; or\n\t(b)\tthat 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.\n\t(5)\tThe authorised officer may—\n\t(a)\ttake a copy of, or an extract from, a licence or document mentioned in subsection (2); or\n\t(b)\tproduce an image or writing from a document mentioned in subsection (2) that is an electronic document; or\n\t(c)\ttake an extract from a device or other thing mentioned in subsection (2), including, for example—\n\t(ii)\tby accessing and downloading information from the device or other thing; or\n\t(d)\tseize 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\t(6)\tIf, 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\t(7)\tA person of whom a requirement is made under subsection (6) must comply with the requirement, unless the person has a reasonable excuse.\n\t(8)\tIf 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—\n\t(a)\tas soon as practicable after the officer inspects it; or\n\t(b)\tif 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\t(9)\tHowever, 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.\n569—Power to require production of documents etc generally\n\t(1)\tAn 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—\n\t(a)\ta document issued to the person under this Law; or\n\t(b)\ta document, device or other thing required to be kept by the person under this Law or a heavy vehicle accreditation; or\n\t(c)\ttransport documentation or journey documentation in the person's possession or under the person's control; or\n\t(d)\ta document in the person's possession or under the person's control relating to—\n\t(i)\tthe use, performance or condition of a heavy vehicle; or\n\t(ii)\tthe ownership, insurance, licensing or registration of a heavy vehicle; or\n\t(iii)\tthe 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\t(e)\ta document in the person's possession or under the person's control relating to any business practices; or\n\t(f)\ta 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.\n\t(2)\tA person of whom a requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse.\n\t(3)\tIf, under subsection (1), an authorised officer requires a responsible person to make available or produce an electronic document—\n\t(a)\tthe authorised officer may require the responsible person to make available or produce—\n\t(i)\ta printed copy of the electronic document; or\n\t(ii)\tan electronic copy of the document; and\n\t(b)\tcompliance with the requirement made under subsection (1) requires the making available or production of the document in the way required under paragraph (a).\n\t1\tSee the definitions document and printed in section 12 of Schedule 1.\n\t2\tSection 17 of Schedule 1 and section 490 also deal with the production of documents and other information kept electronically.\n\t(4)\tIt 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.\n\t1\tSection 587 also deals with self‑incrimination when complying with a requirement of an authorised officer.\n\t2\tSection 588 deals with the admissibility of information provided in complying with a requirement under this section.\n\t(5)\tThe authorised officer may—\n\t(a)\ttake a copy of, or an extract from, a document mentioned in subsection (1); or\n\t(b)\tproduce an image or writing from a document mentioned in subsection (1) that is an electronic document; or\n\t(c)\ttake an extract from a device or other thing mentioned in subsection (1)(b), including, for example—\n\t(ii)\tby accessing and downloading information from the device or other thing; or\n\t(d)\tseize 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\t(6)\tIf, 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\t(7)\tA person of whom a requirement is made under subsection (6) must comply with the requirement, unless the person has a reasonable excuse.\n\t(8)\tIf 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—\n\t(a)\tas soon as practicable after the officer inspects it; or\n\t(b)\tif 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\t(9)\tHowever, 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.\n570—Power to require information about heavy vehicles\n\t(1)\tAn authorised officer may, for compliance purposes, require a responsible person for a heavy vehicle to give the officer—\n\t(a)\tinformation about the vehicle or any load or equipment carried or intended to be carried by the vehicle; or\n\t(b)\tpersonal details known to the responsible person about any other responsible person for the vehicle; or\n\t(c)\tpersonal 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.\n\t(2)\tWithout 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:\n\t(a)\tthe location of the start or intended start of the journey;\n\t(b)\tthe route or intended route of the journey;\n\t(c)\tthe location of the destination or intended destination of the journey.\n\t(2a)\tAn authorised officer requiring personal details under subsection (1)(c) must give the responsible person a notice stating—\n\t(a)\tthat the requirement is made under this section; and\n\t(b)\tthat failing to comply with the requirement is an offence; and\n\t(c)\tthe time, that is reasonable in the circumstances, in which the person must give the personal details; and\n\t(d)\tthe effect of subsection (5a) and section 735A.\n\t(3)\tA person of whom a requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse.\n\t(4)\tWithout 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\t(5)\tIt 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.\n\t(5a)\tHowever, 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:\n\t(a)\tinformation, other than information in the form of a document, that the individual gives in complying with a requirement under subsection (1)(c);\n\t(b)\tinformation 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).\npersonal details, about a responsible person, means—\n\t(a)\tthe person's name; or\n\t(b)\tthe 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—\n\t(a)\ta 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.\n\t(b)\tan 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.\n570A—Requiring information\n\t(1)\tThis section applies if an authorised officer reasonably believes that a person is capable of giving information, providing documents or giving evidence—\n\t(a)\tin relation to a possible contravention of—\n\t(i)\ta safety duty; or\n\t(ii)\ta duty of an executive under section 26D; or\n\t(b)\tthat will assist the authorised officer to monitor or enforce compliance with—\n\t(i)\ta safety duty; or\n\t(ii)\ta 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.\n\t(2)\tThe authorised officer may, by notice, require the person to give the information, documents or evidence to the authorised officer.\n\t(3)\tIf 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:\n\t(a)\tgive information or produce documents to the authorised officer within the time and in the way stated in the notice;\n\t(b)\tappear 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\t(4)\tThe notice must state—\n\t(a)\tthat—\n\t(i)\tthe requirement is made under this section; and\n\t(ii)\tfailing to comply with the requirement is an offence; and\n\t(b)\tif 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\t(c)\tif the notice requires the person to give oral evidence—\n\t(i)\tthe 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\t(ii)\tthat the person may appear with an Australian legal practitioner; and\n\t(d)\tthe effect of—\n\t(i)\tsubsections (7) and (8);\n\t(ii)\tsection 735A.\n\t(5)\tThe person must comply with a requirement under this section, unless the person has a reasonable excuse.\n\t(6)\tIt 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.\n\t(7)\tHowever, 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:\n\t(a)\tinformation, documents and evidence that the individual gives in complying with a requirement under this section;\n\t(b)\tinformation, documents and evidence that is directly or indirectly derived from information, documents or evidence mentioned in paragraph (a).\n\t(8)\tAn authorised officer may act under this section only if—\n\t(a)\tfor 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\t(b)\tfor 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.\nDivision 5—Improvement notices\n571—Authorised officers to whom Division applies\n\t(1)\tThis 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\t(2)\tThis 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.\n572—Improvement notices\n\t(1)\tThis 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\t(2)\tThe 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\t(3)\tThe 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—\n\t(a)\tit is reasonably practicable for the person to comply with the notice within the shorter period; and\n\t(b)\trequiring the person to comply with the notice within the shorter period is not likely to involve—\n\t(i)\ta higher cost to the person to comply with the notice; or\n\t(ii)\ta more adverse effect on the person's business operations.\n\t(4)\tThe improvement notice must be in the approved form and state the following:\n\t(a)\tthat 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\t(b)\tthe reasons for that belief;\n\t(c)\tthe provision of this Law in relation to which that belief is held;\n\t(d)\tthat 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\t(e)\tthe review and appeal information for the decision to give the notice;\n\t(f)\tthat the notice is given under this section.\n\t(5)\tThe improvement notice may state the way the action is to be taken.\n573—Contravention of improvement notice\n\t(1)\tA person given an improvement notice must comply with the notice, unless the person has a reasonable excuse.\n\t(2)\tIn 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\t(3)\tA person who is given an improvement notice in relation to a contravention of a provision of this Law cannot be proceeded against for an offence constituted by the contravention unless—\n\t(a)\tthe person fails to comply with the improvement notice and does not have a reasonable excuse for the noncompliance; or\n\t(b)\tthe improvement notice is revoked under section 575.\n574—Amendment of improvement notice\n\t(1)\tAn 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\t(2)\tAn 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\t(3)\tAn 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\t(4)\tIf 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:\n\t(a)\tthe amendment;\n\t(b)\tthe reasons for the amendment;\n\t(c)\tthe 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.\n575—Revocation of an improvement notice\n\t(1)\tAn 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—\n\t(a)\tthe relevant police commissioner; or\n\t(b)\tan authorised officer who—\n\t(i)\tis a police officer; and\n\t(ii)\thas the relevant police commissioner's written authority to issue improvement notices under this Division; and\n\t(iii)\tis more senior in rank to the police officer who gave the notice to the person.\n\t(2)\tAn 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\t(3)\tSection 23 of Schedule 1 does not apply in relation to the revocation of the improvement notice.\n576—Clearance certificate\n\t(1)\tAn 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\t(2)\tIf 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.\napproved authorised officer means—\n\t(a)\tfor 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\t(b)\tfor an improvement notice given by an authorised officer who is not a police officer—any authorised officer who is not a police officer.\n","sortOrder":33},{"sectionNumber":"Div 5A","sectionType":"division","heading":"Prohibition notices","content":"Division 5A—Prohibition notices\n576A—Power to issue prohibition notice\n\t(1)\tThis section applies if an authorised officer reasonably believes that an activity involving a heavy vehicle—\n\t(a)\tis occurring and involves, or will involve, an immediate or imminent serious risk to the health or safety of a person; or\n\t(b)\tmay occur and, if it occurs, will involve an immediate or imminent serious risk to the health or safety of a person.\n\t(2)\tThe 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\t(3)\tThe direction may be given orally, but must be confirmed by written notice (a prohibition notice) given to the person as soon as practicable.\n576B—Contents of prohibition notice\n\t(1)\tA prohibition notice must state—\n\t(a)\tthat the authorised officer believes that grounds for the issue of the prohibition notice exist and the basis for that belief; and\n\t(b)\tbriefly, 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\t(c)\tthe provision of this Law that the authorised officer believes is being, or is likely to be, contravened by that activity.\n\t(2)\tA 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\t(3)\tWithout 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:\n\t(a)\ta heavy vehicle, or part of a heavy vehicle, in which the activity is not to be carried out;\n\t(b)\tanything that is not to be used in connection with the activity;\n\t(c)\tany procedure that is not to be followed in connection with the activity.\n576C—Compliance with prohibition notice\nA person given a direction under section 576A(2) or a prohibition notice must comply with the direction or notice.\n","sortOrder":34},{"sectionNumber":"Div 5B","sectionType":"division","heading":"Injunctions","content":"Division 5B—Injunctions\n576D—Application of Division 5B\nnotice means an improvement notice or a prohibition notice.\n576E—Injunction for noncompliance with notice\n\t(1)\tAn authorised officer may apply to the Supreme Court for an injunction—\n\t(a)\tcompelling a person to comply with a notice; or\n\t(b)\trestraining a person from contravening a notice.\n\t(2)\tThe authorised officer may do so—\n\t(a)\twhether 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\t(b)\twhether any period for compliance with the notice has expired.\n\t(3)\tAn authorised officer may make an application under this section only if—\n\t(a)\tfor an authorised officer who is a police officer—the officer has the relevant police commissioner's written authority to make the application; or\n\t(b)\tfor an authorised officer who is not a police officer—the officer's instrument of appointment provides that the authorised officer may make the application.\nDivision 6—Power to require reasonable help\n577—Power to require reasonable help\n\t(1)\tAn 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\t(2)\tAn 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\t(3)\tWithout limiting subsection (1) or (2), a requirement under the subsection may be that the occupier, person or driver—\n\t(a)\tproduce 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.\n\t(b)\thelp the authorised officer to find and gain access to a document or information, including electronically stored information; or\nExamples of documents or information—\n\t•\ta 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\t•\ta weighing document for a container loaded on to the heavy vehicle\n\t•\ta telephone record\n\t(c)\thelp the authorised officer to weigh or measure—\n\t(i)\ta heavy vehicle or a component of a heavy vehicle; or\n\t(ii)\tthe whole or part of a heavy vehicle's load or equipment; or\n\t(d)\tstart or stop the engine of a heavy vehicle under section 523; or\n\t(e)\thelp the authorised officer to operate equipment or facilities for a purpose relevant to the power being or proposed to be exercised; or\n\t(f)\tprovide access free of charge to photocopying equipment for the purpose of copying any records or other material.\n\t(4)\tA person of whom a requirement is made under subsection (1) or (2) must comply with the requirement, unless the person has a reasonable excuse.\n\t(5)\tWithout 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\t(6)\tIt 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.\n\t1\tSection 587 also deals with self‑incrimination when complying with a requirement of an authorised officer.\n\t2\tSection 588 deals with the admissibility of information provided in complying with a requirement under this section.\n\t(7)\tIf 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—\n\t(a)\tit is immaterial that the occupier or person is not—\n\t(i)\tthe operator of the vehicle; or\n\t(ii)\tauthorised by the operator to drive the vehicle or start or stop its engine; or\n\t(iii)\tqualified to drive the vehicle or start or stop its engine; and\n\t(b)\tin 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.\nPart 5—Provisions about exercise of powers\nDivision 1—Damage in exercising powers\n578—Duty to minimise inconvenience or damage\n\t(1)\tIn 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\t(2)\tSubsection (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.\n579—Restoring damaged thing\n\t(a)\tan 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\t(b)\ta 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\t(2)\tThe 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.\n580—Notice of damage\n\t(a)\tan authorised officer damages something when exercising, or purporting to exercise, a power under this Law; or\n\t(b)\ta person (the assistant) acting under the direction or authority of an authorised officer damages something.\n\t(2)\tHowever, this section does not apply to damage if the authorised officer reasonably believes—\n\t(a)\tthe 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\t(b)\tthe damage is trivial; or\n\t(c)\tthere is no‑one apparently in possession of the thing; or\n\t(d)\tthe thing has been abandoned; or\n\t(e)\tthe damage was not caused by an improper or unreasonable exercise of a power or the use of unauthorised force.\n\t(3)\tThe 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\t(4)\tHowever, if for any reason it is not practicable to comply with subsection (3), the authorised officer must—\n\t(a)\tleave the notice at the place where the damage happened; and\n\t(b)\tensure it is left in a conspicuous position and in a reasonably secure way.\n\t(5)\tThe notice must state—\n\t(a)\tparticulars of the damage; and\n\t(b)\tthat the person who suffered the damage may claim compensation under section 581.\n\t(6)\tIf 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\t(7)\tThe 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\t(8)\tThe 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.\nDivision 2—Compensation\n581—Compensation because of exercise of powers\n\t(1)\tA 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\t(2)\tHowever, subsection (1) does not apply—\n\t(a)\tto costs, damage or loss incurred because of a lawful seizure or forfeiture; or\n\t(b)\tif the costs, damage or loss was not caused by an improper or unreasonable exercise of a power or the use of unauthorised force.\n\t(3)\tThe compensation may be claimed and ordered in a proceeding—\n\t(a)\tbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n\t(b)\tfor an offence against this Law in relation to which the power was exercised or purportedly exercised.\n\t(4)\tA 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\t(5)\tIn considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant.\n\t(6)\tThe 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.\nDivision 3—Provision about exercise of particular powers\n582—Duty to record particular information in driver's work diary\n\t(1)\tThis 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\t(2)\tIf, 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:\n\t(a)\tthe officer's identifying details;\n\t(b)\tthe time, date and place at which the driver stopped the heavy vehicle in compliance with the officer's direction;\n\t(c)\tthe length of time the driver spent talking to the officer in the exercise or purported exercise of a power under this Law.\n\t(3)\tThe authorised officer must comply with the request.\n\t(4)\tAn authorised officer complies with subsection (2)(a) by recording either his or her name, or his or her identification number.\nPart 6—Miscellaneous provisions\nDivision 1—Powers of Regulator\n583—Regulator may exercise powers of authorised officers\n\t(1)\tThe 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\t(2)\tSubsection (1) does not apply to a power that requires the physical presence of an authorised officer.\nDivision 2—Other offences relating to authorised officers\n584—Obstructing authorised officer\n\t(1)\tA person must not obstruct—\n\t(a)\tan authorised officer, or someone helping an authorised officer, exercising a power under this Law; or\n\t(b)\tan assistant mentioned in section 518, 519 or 523 exercising a power under that section.\nobstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.\n585—Impersonating authorised officer\nA person must not impersonate an authorised officer.\nDivision 3—Other provisions\n586—Multiple requirements\nAn authorised officer may—\n\t(a)\ton the same occasion—\n\t(i)\tgive more than 1 direction or notice to, or make more than 1 requirement of, a person under a provision of this Chapter; or\n\t(ii)\tgive 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\t(b)\tgive 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\t(ba)\tgive 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\t(c)\tmake a combination of directions, notices or requirements under paragraph (a)(i) or (ii), (b) or (ba).\n587—Compliance with particular requirements\n\t(1)\tA 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\t(2)\tSubsection (1) has effect subject to section 588.\n588—Evidential immunity for individuals complying with particular requirements\n\t(1)\tThis 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\t(2)\tThe following is not admissible in evidence against an individual in a criminal proceeding (except a proceeding for an offence against this Chapter):\n\t(a)\tinformation, other than information in the form of a document, that the individual gives in complying with the requirement;\n\t(b)\tinformation that is directly or indirectly derived from information to which paragraph (a) applies.\n\t(3)\tAny 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\t(4)\tSubsection (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.\n589—Effect of withdrawal of consent to enter under this Chapter\n\t(a)\tan authorised officer enters a place with the occupier's consent and has obtained evidence at the place; but\n\t(b)\tthe occupier's consent is later withdrawn.\n\t(2)\tThe 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.\nChapter 10—Sanctions and provisions about liability for offences\nPart 1—Formal warnings\n590—Formal warning\n\t(a)\ta person has contravened this Law; and\n\t(b)\tthe person had exercised reasonable diligence to prevent the contravention and was unaware of the contravention; and\n\t(c)\tthe contravention may appropriately be dealt with by way of a warning under this section.\n\t(2)\tThe authorised officer may give the person a written warning.\n\t(3)\tHowever, a warning must not be given for—\n\t(a)\ta contravention of a mass, dimension or loading requirement constituting a substantial risk breach or severe risk breach; or\n\t(b)\ta 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\t(4)\tSubject to subsection (6), if a warning is given to a person under this section for a contravention of this Law, the person cannot be proceeded against for an offence against this Law constituted by the contravention.\n\t(5)\tA 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\t(6)\tAfter 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.\napproved authorised officer means—\n\t(a)\tfor 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\t(b)\tfor 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.\nPart 1A—Enforceable undertakings\n590A—Accepting undertaking\n\t(1)\tThis section applies if a person contravenes or is alleged to have contravened this Law, other than section 26F.\n\t(2)\tThe Regulator or an authorised officer (the promisee) may accept an undertaking made by the person in relation to the contravention or alleged contravention.\n\t(3)\tThe undertaking must be in the approved form.\n\t(4)\tThe promisee may accept the undertaking only if the promisee reasonably believes the undertaking will ensure the person complies with this Law.\n\t(5)\tThe promisee may accept the undertaking at any time before the proceeding for the contravention, or alleged contravention, ends.\n\t(6)\tIf 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\t(7)\tThe promisee must give the person written notice of—\n\t(a)\tthe promisee's decision to accept or reject the undertaking; and\n\t(8)\tIf 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:\n\t(a)\ta copy of the undertaking;\n\t(b)\ta statement of the reasons for the promisee's decision to accept the undertaking.\n\t(9)\tThe Regulator must publish the following information on the Regulator's website:\n\t(a)\ta promisee's decision to accept an undertaking under this section;\n\t(10)\tAn authorised officer may act under this section only if—\n\t(a)\tfor 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\t(b)\tfor 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.\n590B—Effect of undertaking\n\t(1)\tAn undertaking takes effect—\n\t(a)\twhen the promisee gives notice of the decision to accept the undertaking to the person who made the undertaking; or\n\t(b)\tat a later time stated in the notice.\n\t(2)\tWhile the undertaking is in effect, the person must comply with the undertaking.\n\t(3)\tIf the person complies with the undertaking, no proceeding for the contravention or alleged contravention may be taken against the person.\n\t(4)\tThe 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.\n590C—Withdrawing or changing undertaking\n\t(1)\tThe person who made an undertaking may, at any time, with the written agreement of the promisee—\n\t(a)\twithdraw the undertaking; or\n\t(b)\tchange the undertaking.\n\t(2)\tHowever, the provisions of the undertaking may not be changed to provide for a different contravention or alleged contravention of this Law.\n\t(3)\tIf the promisee is not the Regulator, the promisee must give notice of the withdrawal or change of the undertaking to the Regulator.\n\t(4)\tThe Regulator must publish notice of the withdrawal or change on the Regulator's website.\n590D—Contravening undertaking\n\t(1)\tThe 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\t(2)\tIf 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—\n\t(a)\tan order directing the person to comply with the undertaking; or\n\t(b)\tan order discharging the undertaking.\n\t(3)\tAlso, 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—\n\t(a)\tthe costs of the proceeding; and\n\t(b)\tthe reasonable costs of the promisee in monitoring whether the person complies with the undertaking in the future.\n\t(4)\tNothing in this section prevents a proceeding being taken for the contravention or alleged contravention to which the undertaking relates.\nPart 2—Infringement notices\n591—Infringement notices\n\t(1)\tAn 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\t(2)\tThe 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.\nprescribed offence means an offence prescribed by a law of this jurisdiction for the purposes of this section.\n592—Recording information about infringement penalties\n\t(1)\tThe Regulator may keep a record of—\n\t(a)\teach infringement notice issued for the purposes of this Law; and\n\t(b)\tthe 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\t(2)\tInformation in a record kept under subsection (1) may be used only—\n\t(a)\tto accumulate aggregate data for research or education; or\n\t(b)\tin 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\t(d)\tfor the purposes of section 601(b) or 608(b); or\n\t(e)\tas authorised under subsection (3).\n\t(3)\tInformation in a record kept under subsection (1)(a) may be used by authorised officers in connection with the exercise of functions under this Law.\nPart 3—Court sanctions\nDivision 1—General provisions\n593—Penalties court may impose\n\t(1)\tA 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\t(2)\tWithout 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\t(3)\tThis Part does not limit the powers or discretion of the court under another law.\n594—Matters court must consider when imposing sanction for noncompliance with mass, dimension or loading requirement\n\t(1)\tThe 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\t(2)\tIn deciding the sanction, including the level of a fine, to be imposed for the contravention, the court must consider the following matters:\n\t(a)\ta minor risk breach of a mass, dimension or loading requirement involves either or both of the following:\n\t(i)\tan appreciable risk of accelerated road wear;\n\t(ii)\tan appreciable risk of unfair commercial advantage;\n\t(b)\ta substantial risk breach of a mass, dimension or loading requirement involves 1 or more of the following:\n\t(i)\ta substantial risk of accelerated road wear;\n\t(ii)\tan appreciable risk of damage to road infrastructure;\n\t(iii)\tan appreciable risk of increased traffic congestion;\n\t(iv)\tan appreciable risk of diminished public amenity;\n\t(v)\ta substantial risk of unfair commercial advantage;\n\t(c)\ta severe risk breach of a mass, dimension or loading requirement involves 1 or more of the following:\n\t(i)\tan appreciable risk of harm to public safety or the environment;\n\t(ii)\ta serious risk of accelerated road wear;\n\t(iii)\ta serious risk of damage to road infrastructure;\n\t(iv)\ta serious risk of increased traffic congestion;\n\t(v)\ta serious risk of diminished public amenity;\n\t(vi)\ta serious risk of unfair commercial advantage.\n\t(3)\tThis section does not limit the matters the court may consider in deciding the sanction for the contravention.\n\t(4)\tNothing in this section authorises or requires the court to assign the contravention to a different risk category.\n\t(5)\tNothing in this section requires evidence to be adduced about a matter mentioned in subsection (2).\n595—Court may treat noncompliance with mass, dimension or loading requirement as a different risk category\n\t(1)\tIf 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\t(2)\tIf 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.\nDivision 2—Provisions about imposing fines\n596—Body corporate fines under penalty provision\n\t(1)\tThis section applies to a provision of this Law that—\n\t(a)\tprescribes a maximum fine for an offence; and\n\t(b)\tdoes not expressly prescribe a maximum fine for a body corporate different to the maximum fine for an individual.\n\t(2)\tThe maximum fine is taken only to be the maximum fine for an individual.\n\t(3)\tIf 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","sortOrder":35},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Injunctions","content":"Division 2A—Injunctions\n596A—Injunctions\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.\nDivision 3—Commercial benefits penalty orders\n597—Commercial benefits penalty order\n\t(1)\tIf 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—\n\t(a)\treceived or receivable, by the person or by an associate of the person, from the commission of the offence; and\n\t(b)\tfor 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\t(2)\tIn estimating the gross commercial benefit, the court may take into account—\n\t(a)\tbenefits of any kind, whether or not monetary; and\n\t(b)\tany other matters it considers relevant, including, for example—\n\t(i)\tthe value of any goods involved in the offence; and\n\t(ii)\tthe distance over which the goods were, or were to be, carried.\n\t(3)\tHowever, 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\t(4)\tNothing in this section prevents the court from ordering payment of an amount that is less than the estimated gross commercial benefit.\nDivision 4—Cancelling or suspending registration\n598—Power to cancel or suspend vehicle registration\n\t(1)\tThis section applies if a court convicts a person of—\n\t(a)\tan offence against this Law relating to a contravention of a mass, dimension or loading requirement constituting a severe risk breach; or\n\t(b)\tan offence against this Law other than an offence relating to a contravention of a mass, dimension or loading requirement.\n\t(2)\tThe 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—\n\t(a)\tcancelled; or\n\t(b)\tsuspended for a stated period.\n\t(3)\tIf 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\t(4)\tIf 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\t(5)\tThe 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.\nDivision 5—Supervisory intervention orders\n599—Application of Division 5\nThis Division applies if a court—\n\t(a)\tconvicts a person (the convicted person) of an offence against this Law; and\n\t(b)\tconsiders 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.\n600—Court may make supervisory intervention order\n\t(1)\tThe 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:\n\t(a)\tstated things the court considers will improve the person's compliance with this Law, or stated aspects of this Law, including, for example—\n\t(i)\tappointing staff to, or removing staff from, particular positions; or\n\t(ii)\ttraining and supervising staff; or\n\t(iii)\tobtaining expert advice about maintaining compliance with this Law, or stated aspects of this Law; or\n\t(iv)\tinstalling equipment for monitoring or managing compliance with this Law, or stated aspects of this Law, including, for example, intelligent transport system equipment; or\n\t(v)\timplementing practices, systems or procedures for monitoring or ensuring compliance with this Law, or stated aspects of this Law;\n\t(b)\timplement 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\t(c)\tgive compliance reports about the convicted person to the Regulator or the court (or both), in a stated way and for stated periods;\n\t(d)\tappoint a person to have the following responsibilities:\n\t(i)\thelping the convicted person to improve the convicted person's compliance with this Law or stated aspects of this Law;\n\t(ii)\tmonitoring the convicted person's compliance with this Law or stated aspects of this Law and with the order;\n\t(iii)\tgiving compliance reports about the convicted person to the Regulator or the court (or both), in a stated way and for stated periods.\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—\n\t(a)\tthings done by the person to ensure compliance with this Law or stated aspects of this Law; and\n\t(b)\tthe effect of the things mentioned in paragraph (a).\n601—Limitation on making supervisory intervention order\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—\n\t(a)\tthe offences against this Law or a previous corresponding law for which the person has previously been convicted; and\n\t(b)\tthe 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\t(c)\tany other offences or other matters that the court considers relevant to the person's conduct in connection with road transport.\n602—Supervisory intervention order may suspend other sanctions\n\t(1)\tA 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\t(2)\tFor 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.\n603—Amendment or revocation of supervisory intervention order\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.\n604—Contravention of supervisory intervention order\nA person to whom a supervisory intervention order applies must comply with the order, unless the person has a reasonable excuse.\n605—Effect of supervisory intervention order if prohibition order applies to same person\n\t(1)\tThis section applies if both a supervisory intervention order and a prohibition order is in force at the same time against the same person.\n\t(2)\tThe supervisory intervention order has no effect while the prohibition order has effect.\nDivision 6—Prohibition orders\n606—Application of Division 6\nThis Division applies if a court—\n\t(a)\tconvicts a person (the convicted person) of an offence against this Law; and\n\t(b)\tconsiders 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.\n607—Court may make prohibition order\n\t(1)\tThe 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\t(2)\tHowever, the court cannot 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.\n608—Limitation on making prohibition order\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—\n\t(a)\tthe offences against this Law or a previous corresponding law for which the person has previously been convicted; and\n\t(b)\tthe 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\t(c)\tany other offences or other matters that the court considers relevant to the person's conduct in connection with road transport.\n609—Amendment or revocation of prohibition order\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.\n610—Contravention of prohibition order\nA person to whom a prohibition order applies must comply with the order, unless the person has a reasonable excuse.\nDivision 7—Compensation orders\n611—Court may make compensation order\n\t(1)\tA 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\t(2)\tA compensation order may be made on the application of the prosecutor, the Regulator or the road manager.\n\t(3)\tThe 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\t(4)\tThe court may make a compensation order—\n\t(a)\twhen the court gives its sentence for the offence; or\n\t(b)\tat 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.\n612—Assessment of compensation\n\t(1)\tIn 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\t(2)\tIn assessing the amount of compensation, the court may have regard to—\n\t(a)\tevidence adduced in connection with the prosecution of the offence; and\n\t(b)\tany evidence not adduced in connection with the prosecution of the offence but adduced in connection with the making of the order; and\n\t(c)\tif the road manager is a public authority—\n\t(i)\tany 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\t(ii)\tany other certificate of the public authority, including, for example, a certificate—\n\t(A)\testimating the monetary value of all or part of the road infrastructure in relation to which the order is sought; or\n\t(B)\testimating 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\t(C)\testimating 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\t(d)\tany other matters the court considers relevant.\n\t(3)\tA 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.\n613—Use of certificates in assessing compensation\n\t(1)\tIf 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\t(2)\tA certificate of the public authority cannot be used in a proceeding for the making of a compensation order unless the public authority has complied with subsection (1).\n\t(3)\tA 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—\n\t(a)\tgive the public authority notice of the intention to challenge the matter; and\n\t(b)\tif the defendant is intending to challenge the accuracy of any measurement, analysis or reading in the certificate—\n\t(i)\tstate the reason why the defendant alleges that it is inaccurate; and\n\t(ii)\tstate the measurement, analysis or reading that the defendant considers to be correct.\n\t(4)\tThe notice must be—\n\t(b)\tgiven at least 14 days before the day fixed for the hearing of the proceeding.\n\t(5)\tA defendant cannot challenge a matter stated in a certificate mentioned in section 612(2)(c) in a proceeding for the making of a compensation order unless—\n\t(a)\tthe defendant has complied with subsections (3) and (4); or\n\t(b)\tthe court gives leave to the defendant to challenge the matter, in the interests of justice.\n614—Limits on amount of compensation\n\t(1)\tIf, 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\t(2)\tThe amount of compensation payable under a compensation order cannot exceed the monetary jurisdictional limit of the court in civil proceedings.\n\t(3)\tThe court may not include in a compensation order any amount for—\n\t(a)\tpersonal injury or death; or\n\t(b)\tloss of income (whether suffered by the road manager or another entity); or\n\t(c)\tdamage to property that is not part of the road infrastructure concerned.\n615—Costs\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.\n616—Enforcement of compensation order and costs\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.\n617—Relationship with orders or awards of other courts and tribunals\n\t(1)\tA 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\t(2)\tIf a court purports to make a compensation order contrary to subsection (1)—\n\t(a)\tthe order is void to the extent it covers the same matters as the matters covered by the other award; and\n\t(b)\tany payments made under the order to the extent to which it is void must be repaid by the road manager.\n\t(3)\tThe 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\t(4)\tNothing in this Division affects or limits any liability to pay compensation under another law, other than as provided by this section.\nPart 4—Provisions about liability\nDivision 3—Defences\n626—Definition for Division 3\ndeficiency, of a vehicle, means—\n\t(a)\ta deficiency of the vehicle or a component of the vehicle, including, for example, the vehicle—\n\t(i)\tcontravening a heavy vehicle standard; or\n\t(ii)\tbeing unsafe; or\n\t(b)\ta 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—\n\t(i)\ta heavy vehicle standard; or\n\t(ii)\ta condition of a heavy vehicle accreditation or a mass or dimension authority.\n627—Defence for owner or operator of vehicle if offence committed while vehicle used by unauthorised person\n\t(1)\tThis section applies in relation to an offence against this Law that may be committed by a person—\n\t(a)\tin the person's capacity as an owner or operator of a vehicle; and\n\t(b)\tin relation to the use of the vehicle by someone else.\n\t(2)\tSubject 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—\n\t(a)\ta person not entitled (expressly, impliedly or otherwise) to use the vehicle, other than an employee or agent of the person; or\n\t(b)\tan employee of the person who was, at the relevant time, acting outside the scope of the employment; or\n\t(c)\tan agent of the person who was, at the relevant time, acting outside the scope of the agency.\n\t(3)\tIf the offence relates to a deficiency of the vehicle, the defence under subsection (2) is not available unless the person charged also proves that—\n\t(a)\tthe 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\t(b)\tone or more material changes, resulting in the deficiency, had been made after the vehicle had ceased to be under the person's control.\n628—Defence for driver of vehicle subject to a deficiency\n\t(1)\tThis section applies to an offence against this Law relating to a deficiency of a heavy vehicle.\n\t(2)\tIn 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—\n\t(a)\tdid 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\t(b)\tdid not know and could not reasonably be expected to have known of the deficiency; and\n\t(c)\tcould 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.\n629—Defence of compliance with direction\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—\n\t(a)\tby an authorised officer; or\n\t(b)\tby the Regulator (including a delegate of the Regulator); or\n\t(c)\tby a person under a law of a State or Territory.\n630—Sudden or extraordinary emergency\n\t(1)\tIn 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\t(2)\tThis section applies if and only if the person carrying out the conduct reasonably believed that—\n\t(a)\tcircumstances of sudden or extraordinary emergency existed; and\n\t(b)\tthe conduct was the only reasonable way to deal with the emergency; and\n\t(c)\tthe conduct was a reasonable response to the emergency.\n631—Lawful authority\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.\nDivision 4—Other provisions about liability\n632—Deciding whether person ought reasonably to have known something\n\t(1)\tThis 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\t(2)\tA court may consider the following when deciding whether the person ought reasonably to have known the thing:\n\t(a)\tthe person's abilities, experience, expertise, knowledge, qualifications and training;\n\t(b)\tthe circumstances of the offence;\n\t(c)\tany other relevant matter prescribed by the national regulations for the purposes of this section.\n632A—Using code of practice in proceeding\n\t(1)\tThis section applies in a proceeding for an offence against this Law.\n\t(2)\tA 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\t(3)\tThe court may—\n\t(a)\thave 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\t(b)\trely on the code in determining what is reasonably practicable in the circumstances to which the code relates.\n\t(4)\tNothing 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\t(5)\tHowever, 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.\n633—Multiple offenders\n\t(1)\tThis 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\t(2)\tProceedings may be taken against all or any of the persons in relation to the act, omission or circumstances.\n\t(3)\tProceedings may be taken against any of the persons in relation to the act, omission or circumstances—\n\t(a)\tregardless of whether or not proceedings have been started against any of the other persons in relation to the act, omission or circumstances; and\n\t(b)\tregardless 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\t(c)\tregardless of the outcome of any proceedings taken against any of the other persons in relation to the act, omission or circumstances.\n\t(4)\tThis section is subject to section 634(1).\n634—Multiple offences\n\t(1)\tA 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\t(2)\tA 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 cannot be punished for an offence against this Law as it applies in this jurisdiction arising from the same act or omission or circumstances.\n\t(3)\tDespite any Act or other law (including subsections (1) and (2))—\n\t(a)\ta 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\t(b)\ta 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\t(c)\t2 or more contraventions of a provision by a person that arise from the same factual circumstances may be charged as—\n\t(i)\ta single offence; or\n\t(ii)\tseparate offences.\n\t(4)\tSubsection (3)(c) does not authorise contraventions of 2 or more provisions to be charged as a single offence.\n\t(5)\tA single penalty only may be imposed in relation to 2 or more contraventions of a provision that are charged as a single offence.\n635—Responsibility for acts or omissions of representative\n\t(1)\tThis section applies in a proceeding for an offence against this Law.\n\t(2)\tIf it is relevant to prove a person's state of mind about a particular act or omission, it is enough to show—\n\t(a)\tthe 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\t(b)\tthe representative had the state of mind.\n\t(3)\tAn 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.\nrepresentative means—\n\t(a)\tfor an individual—an employee or agent of the individual; or\n\t(b)\tfor a corporation—an executive officer, employee or agent of the corporation or authority;\nstate of mind, of a person, includes—\n\t(a)\tthe person's knowledge, intention, opinion, belief or purpose; and\n\t(b)\tthe person's reasons for the intention, opinion, belief or purpose.\n636—Liability of executive officers of corporation\n\t(1)\tIf 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.\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.\n\t(4)\tAn 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\t(5)\tNothing in this section affects any liability imposed on a corporation for an offence committed by the corporation under the provision.\n\t(6)\tNothing 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\t(7)\tThis 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.\n637—Treatment of unincorporated partnerships\n\t(1)\tThis 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\t(2)\tAn 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\t(3)\tAn amount that would be payable under this Law by the partnership is jointly and severally payable by the partners.\n\t(4)\tAn 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.\n\t(7)\tNothing 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\t(8)\tSubsection (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\t(9)\tFor the purposes of this section, a change in the composition of the partnership does not affect the continuity of the partnership.\n638—Treatment of other unincorporated bodies\n\t(1)\tThis 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\t(2)\tAn 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\t(3)\tAn 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\t(4)\tAn 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.\n\t(7)\tNothing 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\t(8)\tSubsection (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\t(9)\tFor the purposes of this section, a change in the composition of the unincorporated body does not affect the continuity of the body.\n639—Liability of registered operator\n\t(1)\tThis 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\t(2)\tIf 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:\n\t(a)\tfor a heavy vehicle that is not a combination—the registered operator of the vehicle;\n\t(b)\tfor a heavy combination or the towing vehicle in a heavy combination—the registered operator of the towing vehicle in the combination;\n\t(c)\tfor 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\t(3)\tThe registered operator has the same excuses and defences available to the operator of the heavy vehicle under this Law or another law.\n\t(4)\tSubsection (2) does not apply if the registered operator gives the Regulator an operator declaration—\n\t(a)\tif an infringement notice for the offence is issued to the registered operator—within 14 days after the infringement notice is issued; or\n\t(b)\tif the registered operator is charged with the offence—\n\t(i)\tif 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\t(ii)\tif 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\t(5)\tIf the registered operator gives an operator declaration as mentioned in subsection (4)—\n\t(a)\ta 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\t(b)\tin 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\t(c)\tin 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\t(6)\tTo 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.\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—\n\t(a)\tthe registered operator was not the operator of the heavy vehicle at the time of the offence; and\n\t(b)\tthe 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","sortOrder":36},{"sectionNumber":"Part 11","sectionType":"part","heading":"Reviews and appeals","content":"Chapter 11—Reviews and appeals\n640—Definitions for Chapter 11\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—\n\t(a)\tfor a reviewable decision made under Division 3 of Chapter 4 Part 5 or Division 4 of Chapter 4 Part 6, or a review decision relating to a reviewable decision made under Division 3 of Chapter 4 Part 5 or Division 4 of Chapter 4 Part 6—\n\t(i)\tif 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\t(ii)\tif the areas or routes for which the authorisation the subject of the reviewable decision was sought are situated in 2 or more participating jurisdictions—\n\t(A)\tthe 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\t(B)\tif there is more than 1 jurisdiction for which subsubparagraph (A) is satisfied—any of the jurisdictions for which subsubparagraph (A) is satisfied chosen by the applicant or appellant; or\n\t(b)\tfor another reviewable decision or review decision—\n\t(i)\tif 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\t(ii)\tif 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\t(iii)\tif 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\t(iv)\totherwise—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 Chapter 11 Part 2;\nreview decision has the meaning given by section 645;\nreviewable decision means—\n\t(a)\ta decision mentioned in Schedule 3; or\n\t(b)\ta 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 Chapter 11 Part 2.\nPart 2—Internal review\n641—Applying for internal review\n\t(1)\tA dissatisfied person for a reviewable decision may apply to the Regulator for a review of the decision.\n\t(2)\tA review application may be made only within 28 days after—\n\t(a)\tthe day the person is notified of the decision; or\n\t(b)\tif 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\t(3)\tHowever, the Regulator may, at any time, extend the time for making a review application.\n\t(4)\tA review application must—\n\t(a)\tbe written; and\n\t(c)\tstate in detail the grounds on which the person wants the reviewable decision to be reviewed.\n\t(5)\tThe 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\t(6)\tIf the person is given a decision notice, but not an information notice, for the reviewable decision—\n\t(a)\tthe 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\t(b)\tthe 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\t(6A)\tWithin 28 days after the request is made under subsection (6)(b), the Regulator must give the person a statement of reasons.\n\t(7)\tThe 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.\ndecision notice, for a decision, means a notice stating—\n\t(a)\tthe decision; or\n\t(b)\tthe review and appeal information for the decision;\ndissatisfied person means—\n\t(a)\tfor 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\t(b)\tfor 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\t(c)\tfor 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\t(d)\tfor 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\t(e)\tfor 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\t(f)\tfor 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\t(g)\tfor a reviewable decision of a relevant road manager for a mass or dimension authority—a person adversely affected by the decision; or\n\t(h)\tfor a reviewable decision made under the national regulations—the person prescribed as the dissatisfied person for the decision under the national regulations.\n642—Stay of reviewable decisions made by Regulator or authorised officer\n\t(1)\tThis section applies to—\n\t(a)\ta reviewable decision made by the Regulator other than a decision made on the basis of a public safety ground; or\n\t(b)\ta reviewable decision made by an authorised officer.\n\t(2)\tIf 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\t(3)\tThe relevant appeal body may stay the reviewable decision to secure the effectiveness of the review and any later appeal to the body.\n\t(4)\tIn 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\t(5)\tThe Regulator is a party to the application.\n\t(6)\tThe 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\t(7)\tThe stay—\n\t(a)\tmay be given on conditions the relevant appeal body considers appropriate; and\n\t(b)\toperates for the period specified by the relevant appeal body; and\n\t(c)\tmay be revoked or amended by the relevant appeal body.\n\t(8)\tThe 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.\n643—Referral of applications for review of decisions made by road managers\n\t(1)\tThis 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.\n\t(2)\tThe Regulator must refer the application to the road manager for review within 2 business days after receiving it.\n644—Internal review\n\t(1)\tA review of a reviewable decision that was not made by the Regulator or a road manager personally must not be decided by—\n\t(a)\tthe person who made the reviewable decision; or\n\t(b)\ta person who holds a less senior position than the person who made the reviewable decision.\n\t(2)\tThe reviewer must conduct the review—\n\t(a)\ton the material before the person who made the reviewable decision; and\n\t(b)\ton the reasons for the reviewable decision; and\n\t(c)\tany other relevant material the reviewer allows.\n\t(3)\tFor the review, the reviewer must give the applicant a reasonable opportunity to make written or oral representations to the reviewer.\n645—Review decision\n\t(1)\tThe reviewer must, within the prescribed period, make a decision (the review decision) to—\n\t(a)\tconfirm the reviewable decision; or\n\t(b)\tamend the reviewable decision; or\n\t(c)\tsubstitute another decision for the reviewable decision.\n\t(2)\tIf the review decision confirms the reviewable decision, for the purpose of an appeal, the reviewable decision is taken to be the review decision.\n\t(3)\tIf 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\t(4)\tIf the review decision substitutes another decision for the reviewable decision, the substituted decision is taken to be the review decision.\n\t(5)\tIf 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—\n\t(a)\tthe decision; and\nprescribed period means—\n\t(a)\tfor a review of a reviewable decision made by a road manager for a road—\n\t(i)\t28 days after the application for the review is given to the road manager; or\n\t(ii)\tif 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\t(b)\tfor a review of another reviewable decision—28 days after the application for the review is made.\n646—Notice of review decision\n\t(1)\tThe Regulator must, within the prescribed period, give the applicant notice (the review notice) of the review decision.\n\t(2)\tIf the review decision is not the decision sought by the applicant, the review notice must state the following:\n\t(a)\tthe reasons for the decision;\n\t(b)\tfor 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\t(c)\tfor a review decision relating to another reviewable decision—\n\t(i)\tthat the applicant may appeal against the decision under Chapter 11 Part 3; and\n\t(ii)\thow to appeal;\n\t(d)\tfor a review decision relating to a reviewable decision made under Division 3 of Chapter 4 Part 5 or Division 4 of Chapter 4 Part 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\t(3)\tIf 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.\nprescribed period means—\n\t(a)\tfor 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\t(b)\tfor a review of another reviewable decision—as soon as practicable.\nPart 3—Appeals\n647—Appellable decisions\n\t(1)\tA 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\t(2)\tA person may appeal against the review decision only within 28 days after—\n\t(a)\tif a review notice is given to the person under section 646—the notice was given to the person; or\n\t(b)\tif the reviewer is taken to have confirmed the decision under section 646(3)—the period mentioned in that section ends.\n\t(3)\tHowever, the relevant appeal body may extend the period for appealing.\n\t(4)\tThe 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.\n648—Stay of review decision\n\t(1)\tThis section applies if, under this Law, a person appeals to the relevant appeal body against a review decision relating to—\n\t(a)\ta reviewable decision made by the Regulator other than on the basis of a public safety ground; or\n\t(b)\ta reviewable decision made by an authorised officer.\n\t(2)\tThe person may immediately apply to the relevant appeal body for a stay of the decision.\n\t(3)\tThe relevant appeal body may stay the review decision to secure the effectiveness of the appeal.\n\t(4)\tIn 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\t(5)\tThe Regulator is a party to the application.\n\t(6)\tThe 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\t(7)\tThe stay—\n\t(a)\tmay be given on conditions the relevant appeal body considers appropriate; and\n\t(b)\toperates for the period specified by the relevant appeal body, but not extending past the time when it decides the appeal; and\n\t(c)\tmay be revoked or amended by the relevant appeal body.\n649—Powers of relevant appeal body on appeal\n\t(1)\tIn deciding, under this Law, an appeal against a review decision, the relevant appeal body—\n\t(a)\thas the same powers as the person who made the reviewable decision to which the review decision relates; and\n\t(b)\tis not bound by the rules of evidence; and\n\t(c)\tmust comply with natural justice.\n\t(2)\tAn appeal is by way of rehearing—\n\t(a)\tunaffected by the review decision; and\n\t(b)\ton the material before the person who made the review decision and any further evidence allowed by the relevant appeal body.\n\t(3)\tAfter hearing the appeal, the relevant appeal body must—\n\t(a)\tconfirm the review decision; or\n\t(b)\tset aside the review decision and substitute another decision that it considers appropriate; or\n\t(c)\tset 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.\n650—Effect of decision of relevant appeal body on appeal\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.\n","sortOrder":37},{"sectionNumber":"Part 12","sectionType":"part","heading":"Administration","content":"Chapter 12—Administration\nPart 1—Responsible Ministers\n651—Policy directions\n\t(1)\tThe 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\t(2)\tA direction under this section cannot be about—\n\t(a)\ta particular person; or\n\t(b)\ta particular heavy vehicle; or\n\t(c)\ta particular application or proceeding.\n\t(3)\tThe Regulator must comply with a direction given to it by the responsible Ministers under this section.\n\t(4)\tA copy of a direction given by the responsible Ministers to the Regulator is to be published in the Regulator's annual report.\n652—Referral of matters etc by responsible Minister\n\t(1)\tThe responsible Minister for a participating jurisdiction may—\n\t(a)\trefer a matter relevant to that jurisdiction to the Regulator for action under this Law; or\n\t(b)\task the Regulator for information about the exercise of the Regulator's functions under this Law as applied in that jurisdiction.\n\t(2)\tHowever, the Minister cannot—\n\t(a)\trefer a matter to the Regulator under subsection (1)(a) that may require the Regulator to take action that is inconsistent with—\n\t(i)\ta direction given by the responsible Ministers under section 651; or\n\t(ii)\tthe approved guidelines; or\n\t(b)\tdirect 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\t(c)\totherwise influence the exercise of the Regulator's functions under this Law.\n\t(3)\tThe Regulator may charge a fee for dealing with a referral or request made under subsection (1).\n\t(4)\tA fee charged by the Regulator under subsection (3) must be an amount—\n\t(a)\tthe Regulator considers reasonable; and\n\t(b)\tthat is no more than the reasonable cost of dealing with the referral or request.\n\t(5)\tSection 740(2) to (4) do not apply to a fee charged by the Regulator under subsection (3).\n653—Approved guidelines for exemptions, authorisations, permits and other authorities\n\t(1)\tThe responsible Ministers may approve guidelines about any of the following:\n\t(b)\tgranting vehicle standards exemptions;\n\t(c)\tgranting mass or dimension exemptions;\n\t(d)\tgranting class 2 heavy vehicle authorisations;\n\t(e)\tgranting electronic recording system approvals;\n\t(f)\tgranting work and rest hours exemptions;\n\t(g)\tgranting work diary exemptions;\n\t(h)\tgranting fatigue record keeping exemptions;\n\t(i)\tgranting heavy vehicle accreditation;\n\t(j)\tgranting or issuing an exemption, authorisation, permit or authority, or making a declaration, under the national regulations;\n\t(k)\tgranting PBS design approvals and PBS vehicle approvals;\n\t(l)\tother matters as referred to in—\n\t(i)\tparagraph (a)(ii) of the definition road condition in section 154; or\n\t(ii)\tsection 156A(1)(a)(ii); or\n\t(iii)\tsection 163(1)(b)(ii)(B); or\n\t(iv)\tsection 174(1)(b); or\n\t(v)\tsection 178(1)(b).\n\t(2)\tThe guidelines, and any instrument amending or repealing the guidelines, must be published in the Commonwealth Gazette.\n\t(3)\tThe 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—\n\t(a)\tmade available for inspection, without charge, during normal business hours at each office of the Regulator; and\n\t(b)\tpublished on the Regulator's website.\n654—Other approvals\n\t(1)\tThe responsible Ministers may approve—\n\t(a)\ta standard for sleeper berths; or\n\t(b)\tstandards and business rules for—\n\t(i)\tadvanced fatigue management; or\n\t(ii)\tbasic fatigue management; or\n\t(iii)\theavy vehicle maintenance management; or\n\t(iv)\theavy vehicle mass management; or\n\t(c)\ta class of auditors for the purposes of Chapter 8.\n\t(2)\tThe approval, and any instrument amending or repealing the approval, must be published in the Commonwealth Gazette.\n\t(3)\tThe Regulator must ensure a copy of an approval in force under subsection (1), and any document the subject of the approval, is—\n\t(a)\tmade available for inspection, without charge, during normal business hours at each office of the Regulator; and\n\t(b)\tpublished on the Regulator's website.\n655—How responsible Ministers exercise functions\n\t(1)\tThe 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\t(2)\tSubsection (1) applies subject to the following:\n\t(a)\tsubsection (3);\n\t(b)\ta 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\t(3)\tThe 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:\n\t(a)\ta 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\t(b)\ta 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\t(4)\tAn 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.\n655A—Delegation by responsible Ministers\n\t(1)\tThe responsible Ministers may delegate to the Board the function of approving a minor amendment of—\n\t(a)\ta guideline mentioned in section 653; or\n\t(b)\tan approval mentioned in section 654.\nminor amendment, of a guideline or approval, means an amendment of the guideline or approval in a minor respect—\n\t(b)\tin another way that does not—\n\t(i)\tincrease a safety risk; or\n\t(ii)\tincrease a risk of damage to road infrastructure; or\n\t(iii)\tcause an adverse effect on public amenity; or\n\t(iv)\tmake a person liable to a penalty.\nPart 2—National Heavy Vehicle Regulator\nDivision 1—Establishment, functions and powers\n656—Establishment of National Heavy Vehicle Regulator\n\t(1)\tThe National Heavy Vehicle Regulator is established.\n\t(2)\tIt 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\t(3)\tThe 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\t(4)\tThe Regulator may exercise its functions in relation to—\n\t(a)\tone participating jurisdiction; or\n\t(b)\t2 or more or all participating jurisdictions collectively.\n657—Status of Regulator\n\t(1)\tThe Regulator—\n\t(a)\tis a body corporate with perpetual succession; and\n\t(b)\thas a common seal; and\n\t(c)\tmay sue and be sued in its corporate name.\n\t(2)\tThe Regulator represents the State.\n658—General powers of Regulator\n\t(1)\tThe Regulator has all the powers of an individual and, in particular, may—\n\t(a)\tenter into contracts; and\n\t(b)\tacquire, hold, dispose of, and deal with, real and personal property; and\n\t(c)\tdo anything necessary or convenient to be done in the exercise of its functions.\n\t(2)\tWithout limiting subsection (1), the Regulator may enter into an agreement with a State or Territory that makes provision for—\n\t(a)\tthe State or Territory to provide services to the Regulator that assist the Regulator in exercising its functions; or\n\t(b)\tthe Regulator to provide services to the State or Territory relating to the functions of the Regulator under this Law.\n659—Functions of Regulator\n\t(1)\tThe Regulator's main function is to achieve the object of this Law.\n\t(2)\tWithout limiting subsection (1), the Regulator has the following functions:\n\t(a)\tto 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\t(aa)\tto keep the database of heavy vehicles;\n\t(b)\tto monitor compliance with this Law;\n\t(c)\tto investigate contraventions or possible contraventions of provisions of this Law, including offences against this Law;\n\t(d)\tto bring and conduct proceedings in relation to contraventions or possible contraventions of provisions of this Law, including offences against this Law;\n\t(e)\tto bring and conduct, or conduct and defend, appeals from decisions in proceedings mentioned in paragraph (d);\n\t(f)\tto conduct reviews of particular decisions made under this Law by the Regulator or authorised officers;\n\t(g)\tto conduct and defend appeals from decisions on reviews mentioned in paragraph (f);\n\t(h)\tto implement and manage an audit program for heavy vehicle accreditations granted under this Law;\n\t(i)\tto monitor and review, and report to the responsible Ministers on, the operation of this Law, including, for example, monitoring, reviewing and reporting on—\n\t(i)\tthe extent to which the object of this Law or particular aspects of this Law are being achieved; and\n\t(ii)\tthe extent and nature of noncompliance with this Law; and\n\t(iii)\tthe outcome of activities for monitoring and investigating compliance with this Law; and\n\t(iv)\tthe effect of heavy vehicle accreditation on achieving the object of this Law or particular aspects of this Law; and\n\t(v)\tthe 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\t(j)\tto identify and promote best practice methods—\n\t(i)\tfor complying with this Law; or\n\t(ii)\tfor managing risks to public safety arising from the use of heavy vehicles on roads; or\n\t(iii)\tfor the productive and efficient road transport of goods or passengers by heavy vehicles;\n\t(k)\tto 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\t(ka)\tto provide advice, information and education to persons with duties or obligations under this Law about compliance with the duties or obligations;\n\t(l)\tto work collaboratively with other law enforcement agencies to ensure a nationally consistent approach for enforcing contraventions of laws involving heavy vehicles;\n\t(m)\tto 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\t(n)\tthe other functions conferred on it under this Law.\n660—Cooperation with participating jurisdictions and Commonwealth\n\t(1)\tThe 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\t(2)\tIn particular, the Regulator may—\n\t(a)\task 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\t(b)\tuse the information provided to exercise its functions under this Law; and\n\t(c)\tgive 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\t(3)\tA government agency that receives a request for information under this section from the Regulator is authorised to give the information to the Regulator.\n\t(4)\tA 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).\n661—Delegation\n\t(1)\tThe Regulator may delegate any of its functions to—\n\t(a)\tthe chief executive of an entity or a department of government of a participating jurisdiction or the Commonwealth; or\n\t(b)\tthe chief executive officer or another member of the staff of the Regulator; or\n\t(c)\ta person engaged as a contractor by the Regulator; or\n\t(d)\tany other person whom the Regulator considers is appropriately qualified to exercise the function.\n\t(2)\tA 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.\nDivision 2—Governing board of Regulator\nSubdivision 1—Establishment and functions\n662—Establishment of National Heavy Vehicle Regulator Board\n\t(1)\tThe Regulator has a governing board known as the National Heavy Vehicle Regulator Board.\n\t(2)\tIt 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\t(3)\tThe 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\t(4)\tThe Board may exercise its functions in relation to—\n\t(a)\tone participating jurisdiction; or\n\t(b)\t2 or more or all participating jurisdictions collectively.\n663—Membership of Board\n\t(1)\tThe Board consists of 5 members appointed by the Queensland Minister on the unanimous recommendation of the responsible Ministers.\n\t(2)\tThe members of the Board must consist of—\n\t(a)\tat least 1 member who has expertise in transportation policy; and\n\t(b)\tat least 1 other member who has expertise in economics, law, accounting, social policy or education and training; and\n\t(c)\tat least 1 other member who has experience in managing risks to public safety arising from the use of vehicles on roads; and\n\t(d)\tat 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\t(3)\tOf 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.\n664—Functions of Board\n\t(1)\tThe affairs of the Regulator are to be controlled by the Board.\n\t(2)\tWithout limiting subsection (1), the Board's functions include the following:\n\t(a)\tsubject to any directions of the responsible Ministers, deciding the policies of the Regulator;\n\t(b)\tensuring the Regulator exercises its functions in a proper, effective and efficient way.\n\t(3)\tAll 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\t(4)\tThe Board has any other functions given to the Board under this Law.\nSubdivision 2—Members\n665—Terms of office of members\n\t(1)\tSubject 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\t(2)\tIf otherwise qualified, a member of the Board is eligible for reappointment.\n666—Remuneration\nA member of the Board is entitled to be paid the remuneration and allowances decided by the responsible Ministers from time to time.\n667—Vacancy in office of member\n\t(1)\tThe office of a member of the Board becomes vacant if the member—\n\t(a)\tcompletes a term of office; or\n\t(b)\tresigns the office by signed notice given to the responsible Ministers; or\n\t(c)\thas 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\t(d)\tbecomes 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\t(e)\tis 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\t(f)\tis removed from office by the Queensland Minister under this section; or\n\t(g)\tdies.\n\t(2)\tThe 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.\nrelevant entity means—\n\t(a)\tfor a member who is the Chairperson of the Board—the responsible Ministers; or\n\t(b)\tfor another member—the Chairperson of the Board.\n668—Board member to give responsible Ministers notice of certain events\nA member of the Board must, within 7 days of either of the following events occurring, give the responsible Ministers notice of the event:\n\t(a)\tthe member is convicted of an offence;\n\t(b)\tthe 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.\n669—Extension of term of office during vacancy in membership\n\t(1)\tIf 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\t(2)\tHowever, this section ceases to apply to the member if—\n\t(a)\tthe member resigns the member's office by signed notice given to the responsible Ministers; or\n\t(b)\tthe responsible Ministers decide the services of the member are no longer required.\n\t(3)\tThe 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.\n670—Members to act in public interest\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.\n671—Disclosure of conflict of interest\n\t(1)\tIf 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—\n\t(a)\tfor a member who is the Chairperson of the Board—the responsible Ministers; or\n\t(b)\tfor another member—the Chairperson of the Board.\n\t(2)\tIf a disclosure is made under subsection (1), the entity to whom the disclosure is made must notify the Board of the disclosure.\n\t(3)\tParticulars of any disclosure made under subsection (1) must be recorded by the Board in a register of interests kept for the purpose.\n\t(4)\tAfter 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—\n\t(a)\tfor a member who is the Chairperson of the Board, the responsible Ministers otherwise decide; or\n\t(b)\tfor another member, the Board otherwise decides.\n\t(5)\tFor 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—\n\t(a)\tbe present during any deliberation of the Board for the purpose of making the decision; or\n\t(b)\ttake part in the making of the decision by the Board.\n\t(6)\tA 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.\nSubdivision 3—Meetings\n672—General procedure\n\t(1)\tThe 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\t(2)\tWithout limiting subsection (1), the Chairperson of the Board—\n\t(a)\tmay at any time call a meeting of the Board; and\n\t(b)\tmust call a meeting if asked, in writing, by at least 3 other members of the Board.\n673—Quorum\nThe quorum for a meeting of the Board is a majority of its members.\n674—Chief executive officer may attend meetings\n\t(1)\tThe chief executive officer of the Regulator may attend meetings of the Board and participate in discussions of the Board.\n\t(2)\tHowever, the chief executive officer—\n\t(a)\tmust, 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\t(b)\tis 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\t(c)\tis not entitled to vote at a meeting.\n675—Presiding member\n\t(1)\tThe Chairperson of the Board is to preside at a meeting of the Board.\n\t(2)\tHowever, in the absence of the Chairperson of the Board the following person is to preside at a meeting of the Board:\n\t(a)\tif the Deputy Chairperson of the Board is present at the meeting, the Deputy Chairperson;\n\t(b)\totherwise, a person elected by the members of the Board who are present at the meeting.\n\t(3)\tThe presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.\n676—Voting\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.\n677—Minutes\nThe Chairperson or other member of the Board presiding at a meeting of the Board must ensure minutes of the meeting are taken.\n678—First meeting\nThe Chairperson of the Board may call the first meeting of the Board in any way the Chairperson thinks fit.\n679—Defects in appointment of members\nA decision of the Board is not invalidated by any defect or irregularity in the appointment of any member of the Board.\nSubdivision 4—Committees\n680—Committees\n\t(1)\tThe Board may establish committees to assist the Board in exercising its functions.\n\t(2)\tThe members of a committee need not be members of the Board.\n\t(3)\tA member of a committee is appointed on the terms and conditions the Board considers appropriate, including terms about remuneration.\n\t(4)\tThe 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.\nDivision 3—Chief executive officer\n681—Chief executive officer\n\t(1)\tThere is to be a chief executive officer of the Regulator.\n\t(2)\tThe chief executive officer is to be appointed by the Board.\n\t(3)\tThe chief executive officer is to be appointed for a period, not more than 5 years, specified in the officer's instrument of appointment.\n\t(4)\tThe chief executive officer is eligible for re‑appointment.\n\t(5)\tThe chief executive officer is taken, while holding that office, to be a member of the staff of the Regulator.\n682—Functions of chief executive officer\nThe chief executive officer of the Regulator—\n\t(a)\tis responsible for the day‑to‑day management of the Regulator; and\n\t(b)\thas any other functions conferred on the chief executive officer by the Board.\n683—Delegation by chief executive officer\nThe chief executive officer of the Regulator may delegate any of the functions conferred on the officer, other than this power of delegation, to—\n\t(a)\tan appropriately qualified member of the staff of the Regulator; or\n\t(b)\tthe chief executive of an entity or a department of government of a participating jurisdiction.\nDivision 4—Staff\n684—Staff\n\t(1)\tThe Regulator may, for the purpose of exercising its functions, employ staff.\n\t(2)\tThe staff of the Regulator are to be employed on the terms and conditions decided by the Regulator from time to time.\n\t(3)\tSubsection (2) is subject to any relevant industrial award or agreement that applies to the staff.\n685—Staff seconded to Regulator\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:\n\t(a)\ta member of the staff of a government agency of the Commonwealth, a State or a Territory;\n\t(b)\ta member of the staff of a local government authority.\n686—Consultants and contractors\n\t(1)\tThe Regulator may engage persons with suitable qualifications and experience as consultants or contractors.\n\t(2)\tThe terms and conditions of engagement of consultants or contractors are as decided by the Regulator from time to time.\n","sortOrder":38},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Database of heavy vehicles","content":"Part 2A—Database of heavy vehicles\n686A—Database of heavy vehicles\n\t(1)\tThe 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\t(2)\tThe database of heavy vehicles must—\n\t(a)\tbe kept in the way prescribed by the national regulations; and\n\t(b)\tcontain the information prescribed by the national regulations.\n\t(3)\tThe 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\t(4)\tThe 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\t(5)\tIf 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.\n686B—Regulator may share information in database of heavy vehicles\nThe Regulator may give information included in the database of heavy vehicles to—\n\t(a)\ta registration authority for a participating jurisdiction or another Australian jurisdiction; or\n\t(b)\ta police force or police service for a participating jurisdiction or another Australian jurisdiction.\nPart 3—Miscellaneous\nDivision 1—Finance\n687—National Heavy Vehicle Regulator Fund\n\t(1)\tThe National Heavy Vehicle Regulator Fund is established.\n\t(2)\tThe Fund is to be administered by the Regulator.\n\t(3)\tThe Regulator may establish accounts with any financial institution for money in the Fund.\n\t(4)\tThe Fund does not form part of the consolidated fund or consolidated account (however described) of a participating jurisdiction or the Commonwealth.\n688—Payments into Fund\n\t(1)\tThere is payable into the Fund (except as provided by subsection (2))—\n\t(a)\tall money appropriated by the Parliament of any participating jurisdiction or the Commonwealth for the purposes of the Fund; and\n\t(b)\tall fees, charges, costs and expenses paid to or recovered by the Regulator under this Law; and\n\t(c)\tthe proceeds of the investment of money in the Fund; and\n\t(d)\tall grants, gifts and donations made to the Regulator, but subject to any trusts declared in relation to the grants, gifts or donations; and\n\t(e)\tall 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\t(f)\tany other money or property received by the Regulator in connection with the exercise of its functions; and\n\t(g)\tany 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\t(2)\tMoney 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.\n689—Payments out of Fund\nPayments may be made from the Fund for the purpose of—\n\t(a)\tpaying 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\t(b)\tpaying any money directed or authorised to be paid out of the Fund under this Law; and\n\t(c)\tmaking any other payments recommended by the Regulator and approved by the responsible Ministers.\n690—Investment by Regulator\n\t(1)\tThe 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\t(2)\tThe Regulator must keep records that show it has invested in a way that complies with subsection (1).\n691—Financial management duties of Regulator\nThe Regulator must—\n\t(a)\tensure its operations are carried out efficiently, effectively and economically; and\n\t(b)\tkeep proper books and records in relation to the Fund and other money received by the Regulator; and\n\t(c)\tensure 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\t(d)\tensure its procedures, including internal control procedures, afford adequate safeguards with respect to—\n\t(i)\tthe correctness, regularity and propriety of payments made from the Fund; and\n\t(ii)\treceiving and accounting for payments made to the Fund; and\n\t(iii)\tprevention of fraud or mistake; and\n\t(e)\ttake 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\t(f)\ttake any action necessary to facilitate the audit of the financial statements under this Law; and\n\t(g)\tarrange 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.\n692—Amounts payable to other entities\n\t(1)\tThe 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—\n\t(a)\tapplicable agreements mentioned in section 658(2)(b); or\n\t(b)\tarrangements approved by the responsible Ministers, to the extent applicable agreements do not make provision for payment.\n\t(2)\tMoney 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.\nDivision 2—Reporting and planning arrangements\n693—Annual report\n\t(1)\tThe Regulator must, within 3 months after the end of each financial year, give the responsible Ministers an annual report for the financial year.\n\t(2)\tThe annual report must—\n\t(a)\tinclude for the period to which the report relates—\n\t(i)\tthe financial statements that have been audited by an auditor decided by the responsible Ministers; and\n\t(ii)\ta statement of actual performance measured against the National Performance Measures (Standards and Indicators) outlined in the current corporate plan under section 695; and\n\t(iii)\ta 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\t(iv)\ta statement of trend analysis relating to performance measured against the National Performance Measures (Standards and Indicators); and\n\t(v)\ta statement of the outcome of consultation strategies and activities, including a summary of industry comments; and\n\t(vi)\ta 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\t(vii)\ta statement of the achievements attained in the exercise of the Regulator's functions; and\n\t(viii)\ta statement of arrangements in place to secure collaboration with State and Territory agencies and the effectiveness of those arrangements; and\n\t(ix)\ta statement indicating the nature of any reports requested by the responsible Ministers under section 694; and\n\t(x)\tother matters required by the national regulations; and\n\t(b)\tbe prepared in the way required by the national regulations.\n\t(3)\tWithout limiting subsection (2)(b), the national regulations may provide—\n\t(a)\tthat the financial statements are to be prepared in accordance with Australian Accounting Standards; and\n\t(b)\tfor the auditing of the financial statements.\n\t(4)\tThe 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\t(5)\tAs 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.\n694—Other reports\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.\n695—Corporate plans\n\t(1)\tThe 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\t(2)\tThe corporate plan must—\n\t(a)\toutline the Regulator's objectives for the 3 year period; and\n\t(b)\tstate how the Regulator's objectives will be implemented during the 3 year period; and\n\t(c)\tcontain 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—\n\t(i)\tthe standards expected to be complied with for each year; and\n\t(ii)\tthe performance indicators proposed to be used for measuring the Regulator's progress in implementing the Regulator's objectives during the year; and\n\t(d)\tidentify any challenges and risks that the Regulator reasonably believes may have a significant impact, during the 3 year period, on—\n\t(i)\tthe Regulator's ability to implement the Regulator's objectives; and\n\t(ii)\tthe achievement of the object of this Law; and\n\t(iii)\tthe exercise of the Regulator's functions; and\n\t(e)\tinclude the Regulator's proposed budget for each financial year commencing within the 3 year period.\n\t(3)\tThe Regulator must, by notice given to the responsible Ministers, advise the Ministers if either of the following occurs:\n\t(a)\tthe Regulator makes a significant amendment to its corporate plan;\n\t(b)\tthe 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\t(4)\tThe 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.\nDivision 3—Oversight of the Regulator and Board\n696—Application of particular Queensland Acts to this Law\n\t(1)\tThe following Acts, as in force from time to time, apply for the purposes of this Law:\n\t(a)\tthe Information Privacy Act 2009 of Queensland;\n\t(b)\tthe Public Records Act 2002 of Queensland;\n\t(c)\tthe Right to Information Act 2009 of Queensland.\n\t(2)\tHowever, the Acts mentioned in subsection (1) do not apply for the purposes of this Law to the extent that—\n\t(a)\tfunctions under this Law are being exercised by a State or Territory entity; or\n\t(b)\twithout 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\t(3)\tThe national regulations may modify an Act mentioned in subsection (1) for the purposes of this Law.\n\t(4)\tWithout limiting subsection (3), the national regulations may—\n\t(a)\tprovide that the Act applies as if a provision of the Act specified in the regulations were omitted; or\n\t(b)\tprovide 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\t(c)\tconfer a function on a State or Territory entity; or\n\t(d)\tconfer jurisdiction on a tribunal or court of a participating jurisdiction.\n\t(5)\tAn 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\t(6)\tSubsection (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.\nState or Territory entity does not include the Regulator.\nDivision 4—Provisions relating to persons exercising functions under Law\n697—General duties of persons exercising functions under this Law\n\t(1)\tA person exercising functions under this Law must, when exercising the functions, act honestly and with integrity.\n\t(2)\tA person exercising functions under this Law must exercise the person's functions under this Law—\n\t(a)\tin good faith; and\n\t(b)\twith a reasonable degree of care, diligence and skill.\n\t(3)\tA 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—\n\t(a)\tto gain an advantage for himself or herself or another person; or\n\t(b)\tto cause a detriment to the implementation or operation of this Law.\nMaximum penalty for the purposes of subsection (3): $10 000.\n698—Protection from personal liability for persons exercising Regulator's or Board's functions under this Law\n\t(1)\tA 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—\n\t(a)\tin the exercise of a function of the Regulator or the Board under this Law; or\n\t(b)\tin the reasonable belief that the act or omission was the exercise of a function of the Regulator or the Board under this Law.\n\t(2)\tAny 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.\nprotected person means an individual who is any of the following:\n\t(a)\ta member of the Board;\n\t(b)\ta member of a committee of the Board;\n\t(c)\ta member of the staff of the Regulator;\n\t(d)\tan authorised officer;\n\t(e)\ta person to whom the Regulator has delegated any of its functions or to whom functions delegated by the Regulator have been subdelegated;\n\t(f)\ta 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\t(g)\ta person—\n\t(i)\twho constitutes a body corporate that exercises functions of the Regulator under this Law; and\n\t(ii)\twho is, or is of a class, prescribed by the national regulations;\n\t(h)\tany other person exercising functions of the Regulator under this Law.\n698A—No liability, right etc arising from particular functions of authorised officer or Regulator\n\t(1)\tThis section applies in relation to anything done by the Regulator or a protected person in the exercise of—\n\t(a)\ta function of an authorised officer under section 479(2); or\n\t(b)\ta function of the Regulator under section 659(2)(ka).\n\t(2)\tThe doing of the thing does not, of itself, give rise to—\n\t(a)\ta civil liability of the Regulator or protected person; or\n\t(b)\ta 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\t(c)\ta defence that would not otherwise be available to a person in relation to whom the thing was done.\n\t(3)\tHowever, 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.\n\t(4)\tA reference in this section to doing a thing includes a reference to omitting to do a thing.\nprotected person—see section 698(3).\nChapter 13—General\nPart 1—General offences\nDivision 1—Offence about discrimination or victimisation\n699—Discrimination against or victimisation of employees\n\t(1)\tAn employer must not dismiss an employee, or otherwise prejudice an employee in the employee's employment, for the reason that the employee—\n\t(a)\thas 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\t(b)\thas 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.\nExamples of prejudicial conduct in relation to an employee's employment—\n\t•\tdemotion of the employee\n\t•\tunwarranted transfer of the employee\n\t•\treducing the employee's terms of employment\n\t(2)\tAn 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—\n\t(a)\thas 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\t(b)\thas 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\t(3)\tIn 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.\nemployee includes an individual who works under a contract for services;\nemployer, of a prospective employee, includes a prospective employer of the employee.\n700—Order for damages or reinstatement\n\t(1)\tThis section applies if a court convicts an employer of an offence against section 699 in relation to an employee or prospective employee.\n\t(2)\tIn addition to imposing a penalty, the court may make 1 or more of the following orders:\n\t(a)\tan 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\t(b)\tfor 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\t(c)\tfor 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\t(3)\tAn order for damages under subsection (2)(a)—\n\t(a)\tcannot be for an amount exceeding the monetary jurisdictional limit of the court in civil proceedings; and\n\t(b)\tis taken to be, and is enforceable as, a judgment of the court sitting in civil proceedings.\n\t(4)\tA person against whom an order is made under subsection (2)(b) or (c) must comply with the order.\nemployee includes an individual who works under a contract for services;\nemployer, of a prospective employee, includes a prospective employer of the employee.\nDivision 2—Offences about false or misleading information\n701—False or misleading statements\n\t(1)\tA person commits an offence if the person makes a statement to an official that the person knows is false or misleading.\n\t(2)\tA person commits an offence if the person—\n\t(a)\tmakes a statement to an official that is false or misleading; and\n\t(b)\tis reckless as to whether the statement is false or misleading.\n\t(3)\tSubsections (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\t(4)\tIn 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.\nofficial includes—\n\t(a)\tTCA exercising a function under Chapter 7; and\n\t(b)\ta person exercising a function under this Law under the direction or authority of an official.\n702—False or misleading documents\n\t(1)\tA person commits an offence if the person gives an official a document containing information the person knows is false or misleading.\n\t(2)\tSubsection (1) does not apply if the person, when giving the document—\n\t(a)\ttells the official how information contained in the document is false or misleading; and\n\t(b)\tif the person has the correct information—gives the correct information.\n\t(3)\tA person commits an offence if the person—\n\t(a)\tgives an official a document containing information that is false or misleading; and\n\t(b)\tis reckless as to whether information contained in the document is false or misleading.\n\t(4)\tSubsections (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\t(5)\tIn 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.\nofficial includes—\n\t(a)\tTCA exercising a function under Chapter 7; and\n\t(b)\ta person exercising a function under this Law under the direction or authority of an official.\n703—False or misleading information given by responsible person to another responsible person\n\t(1)\tA 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.\nSee section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.\n\t(2)\tA 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: $8 000.\n\t(3)\tSubsections (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\t(4)\tSubsection (1) or (2) does not apply if the information giver gives the information in writing and, when giving the information—\n\t(a)\ttells the affected person how it is false or misleading; and\n\t(b)\tif the information giver has the correct information—gives the correct information in writing.\n\t(5)\tSubsection (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\t(6)\tIn a proceeding for an offence against subsection (1) or (2)—\n\t(a)\tit 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\t(b)\tit 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.\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—\n\t(a)\tthe responsible person for a heavy vehicle to whom the information is given;\n\t(b)\tany other responsible person for a heavy vehicle who, at any time, is given the false or misleading information.\n704—Offence to falsely represent that heavy vehicle authority is held etc\n\t(1)\tA person must not represent—\n\t(a)\tthat the person has been granted a heavy vehicle authority the person has not been granted; or\n\t(b)\tthat a heavy vehicle authority has been granted in relation to a thing for which it has not been granted; or\n\t(c)\tthat the person is operating under a heavy vehicle authority that the person is not entitled to operate under; or\n\t(d)\tthat a thing is operating under a heavy vehicle authority that the thing is not authorised to operate under.\n\t(2)\tA 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.\n\t(3)\tA person must not possess a document that falsely purports to be—\n\t(a)\tan accreditation certificate for a heavy vehicle accreditation; or\n\t(b)\ta document mentioned in section 468(1)(b) or (c); or\n\t(c)\ta 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\n\t(d)\ta copy of a document mentioned in paragraph (a), (b) or (c).\nheavy vehicle authority means—\n\t(a)\ta heavy vehicle accreditation; or\n\t(b)\tan electronic recording system approval, exemption, authorisation, permit or other authority under this Law.\nPart 2—Industry codes of practice\n705—Guidelines for industry codes of practice\n\t(1)\tThe Regulator may make guidelines about the preparation and content of an industry code of practice that may be registered under this Law.\n\t(2)\tWithout 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\t(3)\tThe Regulator must—\n\t(a)\tkeep 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\t(b)\tpublish a copy of the guidelines on the Regulator's website.\n706—Registration of industry codes of practice\n\t(1)\tThe 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\t(2)\tThe registration may be subject to the following conditions imposed by the Regulator:\n\t(a)\tthat the industry code of practice must be reviewed after a stated period;\n\t(b)\tthat 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\t(c)\tthat 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\t(3)\tThe registration may be subject to other conditions the Regulator considers appropriate.\n\t(4)\tSubsection (5) applies if—\n\t(a)\ta condition applying to the registration of an industry code of practice is contravened; or\n\t(b)\tthe 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\t(5)\tThe Regulator may—\n\t(a)\tamend the conditions of the registration, including by adding new conditions; or\nExample of a condition for the purposes of paragraph (a)—\nthat the registered industry code of practice be amended in a stated way to reflect a change to the guidelines for the preparation and content of the code of practice in force under section 705\n\t(b)\tcancel the registration.\n\t(6)\tConditions 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\t(7)\tThe Regulator incurs no liability for loss or damage suffered by a person because the person relied on a registered industry code of practice.\nPart 3—Legal proceedings\nDivision 1—Proceedings\n707—Proceeding for indictable offences\n\t(1)\tThe prosecution may bring a proceeding for an indictable offence—\n\t(a)\ton indictment; or\n\t(b)\tin a summary way.\n\t(2)\tHowever, a court of summary jurisdiction must not hear and decide an indictable offence in a summary way if—\n\t(a)\tat the start of the hearing, the defendant asks for the charge to be prosecuted on indictment; or\n\t(b)\tthe court is satisfied—\n\t(i)\tafter 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\t(ii)\ton an application made by the defence, that the charge should not be heard and decided in a summary way because of exceptional circumstances.\n\t(3)\tIf the court decides that the offence be prosecuted on indictment—\n\t(a)\tthe court must conduct the proceeding as a committal proceeding; and\n\t(b)\tany 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\t(c)\tthe court must disregard any plea that the defendant made at the start of the proceeding.\n707A—Proceeding for other offences\n\t(1)\tThe prosecution must bring a proceeding for an offence against this Law, other than an indictable offence, in a summary way.\n\t(2)\tThe proceeding must start—\n\t(a)\twithin 2 years after the offence is committed; or\n\t(b)\twithin 1 year after the commission of the offence comes to the complainant's knowledge, but within 3 years after the offence is committed.\n\t(3)\tA 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.\nDivision 2—Evidence\n708—Proof of appointments unnecessary\nFor the purposes of this Law, it is not necessary to prove the appointment of the following persons:\n\t(a)\tan official;\n\t(b)\ta police commissioner.\n709—Proof of signatures unnecessary\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:\n\t(a)\tan official;\n\t(b)\ta police commissioner.\n710—Averments\n\t(1)\tIn 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—\n\t(a)\ta stated vehicle or a stated combination was a heavy vehicle; or\n\t(b)\ta stated vehicle or a stated combination was of a stated category of heavy vehicle; or\n\t(c)\ta stated person was the registered operator of a stated heavy vehicle; or\n\t(d)\ta stated person held a permit for a mass or dimension authority, a heavy vehicle accreditation or another authority under this Law; or\n\t(e)\ta stated location was, or was a part of, a road or road‑related area; or\n\t(f)\ta 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,\n\t(2)\tIn 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.\n711—Evidence by certificate by Regulator generally\n\t(1)\tA certificate purporting to be issued by the Regulator and stating that, at a stated time or during a stated period—\n\t(e)\ta stated person held or did not hold a heavy vehicle accreditation granted under this Law; or\n\t(f)\ta stated exemption or authorisation under this Law applied or did not apply to a stated person or a stated heavy vehicle; or\n\t(g)\ta stated person is the holder of a stated permit or other authority under this Law; or\n\t(h)\ta 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\t(i)\ta 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\t(j)\ta stated fee, charge or other amount payable under this Law was or was not paid to the Regulator; or\n\t(k)\ta stated person has or has not notified the Regulator of any, or a stated, change of the person's address; or\n\t(l)\ta stated identification card (however called) was issued by the Regulator to a stated person and was or was not current; or\n\t(m)\ta stated authorised officer (other than an authorised officer who is a police officer) was authorised to exercise a stated power under this Law and—\n\t(i)\twas not restricted in the exercise of the power by the officer's conditions of appointment or a direction of the Regulator; or\n\t(ii)\twas 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\t(n)\ta stated industry code of practice was or was not registered under section 706; or\n\t(o)\ta 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\t(p)\ta 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\t(q)\ta 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\t(2)\tA procedure specified in a certificate under subsection (1)(q) is presumed, unless the contrary is proved—\n\t(a)\tto be valid and reliable for the purpose for which it was used; and\n\t(b)\tto have been carried out correctly.\n712—Evidence by certificate by road authority\nA certificate purporting to be issued by a road authority and stating that, at a stated time or during a stated period—\n\t(a)\ta stated vehicle was or was not registered or licensed under a law administered by the authority; or\n\t(b)\ta stated person was the person in whose name a stated vehicle was registered or licensed under a law administered by the authority; or\n\t(c)\ta stated vehicle was not registered or licensed under a law administered by the authority in a stated person's name; or\n\t(d)\ta stated location—\n\t(i)\twas, or was part of, a road or road‑related area; or\n\t(ii)\twas not a road or road‑related area or part of a road or road‑related area; or\n\t(e)\ta 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,\n713—Evidence by certificate by Regulator about matters stated in or worked out from records\n\t(1)\tA certificate purporting to be issued by the Regulator and stating any of the following matters is evidence of the matter:\n\t(a)\ta stated matter appears in a stated record kept by the Regulator for the administration or enforcement of this Law;\n\t(b)\ta stated matter appears in a stated record accessed by the Regulator for the administration or enforcement of this Law.\n\t(2)\tA 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:\n\t(a)\ta stated record kept by the Regulator for the administration or enforcement of this Law;\n\t(b)\ta stated record accessed by the Regulator for the administration or enforcement of this Law.\n\t(3)\tThis section does not limit section 711.\n714—Evidence by certificate by authorised officer about instruments\n\t(1)\tA 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—\n\t(a)\twas in a proper condition; or\n\t(b)\thad a stated level of accuracy,\nis evidence of those matters on the stated day or at the stated time.\n\t(2)\tEvidence 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\t(3)\tA 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\t(4)\tThe notice must be—\n\t(b)\tgiven at least 14 days before the day fixed for the hearing of the charge.\ninstrument means—\n\t(a)\ta weighing device; or\n\t(b)\tan intelligent transport system.\n715—Challenging evidence by certificate\n\t(1)\tA 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\t(2)\tThe notice must be—\n\t(b)\tgiven at least 14 days before the day fixed for the hearing of the charge.\n\t(3)\tIf the matter intended to be challenged is the accuracy of a measurement, an analysis or a reading from a device, the notice must state—\n\t(a)\tthe basis on which the defendant intends to challenge the accuracy of the measurement, analysis or reading; and\n\t(b)\tthe measurement, analysis or reading the defendant considers to be the correct measurement, analysis or reading.\n\t(4)\tA defendant in a proceeding for an offence against this Law cannot challenge a matter stated in a certificate mentioned in section 711, 712, 713 or 714(1) unless—\n\t(a)\tthe defendant has complied with this section; or\n\t(b)\tthe court gives leave to the defendant to challenge the matter, in the interests of justice.\n\t(5)\tThis 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.\n716—Evidence by record about mass\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—\n\t(a)\tis admissible in a proceeding under this Law; and\n\t(b)\tis evidence of the mass of the vehicle or component at the time it was weighed.\n717—Manufacturer's statements\n\t(1)\tA 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—\n\t(a)\tof the mass rating; and\n\t(b)\tof any conditions, stated in the statement, to which the mass rating is subject; and\n\t(c)\tthat the statement was made by the manufacturer.\n\t(2)\tA 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—\n\t(a)\tthat the equipment was designed for the use; and\n\t(b)\tof the strength or performance rating of the equipment; and\n\t(c)\tof any conditions, stated in the statement, to which the rating is subject; and\n\t(d)\tthat the statement was made by the manufacturer.\nExample of equipment used to restrain a load—\na chain or strap\n718—Measurement of weight on tyre\n\t(1)\tA 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\t(2)\tIf 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.\n719—Transport and journey documentation\n\t(1)\tTransport documentation and journey documentation are admissible in a proceeding under this Law and are evidence of—\n\t(a)\tthe identity and status of the parties to the transaction to which the documentation relates; and\n\t(b)\tthe destination or intended destination of the load to which the documentation relates; and\n\t(c)\teither or both the date on which and the time at which—\n\t(i)\tany document in the documentation was created; or\n\t(ii)\tany transaction mentioned in the documentation was effected or carried out; or\n\t(iii)\tany journey mentioned in the documentation was started, carried out or finished; or\n\t(iv)\tany other matter mentioned in the documentation was effected, started, carried out or finished; and\n\t(d)\tthe location of any person, heavy vehicle, goods or other matter or thing mentioned in the documentation; and\n\t(e)\tthe 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.\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.\n720—Evidence not affected by nature of vehicle\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.\n721—Certificates of TCA\n\t(1)\tA certificate purporting to be signed by a person on behalf of TCA stating any of the following matters is evidence of the matter:\n\t(a)\ta stated intelligent transport system was or was not an approved intelligent transport system on a stated date or during a stated period;\n\t(b)\ta stated person was or was not an intelligent access program service provider on a stated date or during a stated period;\n\t(c)\ta stated person was or was not an intelligent access program auditor on a stated date or during a stated period.\n\t(2)\tA 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.\n722—Approved intelligent transport system\n\t(1)\tAn 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\t(2)\tWithout 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\t(3)\tWithout 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\t(4)\tIf 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\t(5)\tIf 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:\n\t(a)\tthat an approved intelligent transport system has operated properly;\n\t(b)\tthat 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\t(c)\tthat 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\t(6)\tThe notice must—\n\t(a)\tbe signed by the defendant; and\n\t(b)\tstate the grounds on which the defendant intends to rely to challenge a matter mentioned in subsection (5)(a), (b) or (c); and\n\t(c)\tbe given at least 14 days before the day fixed for the hearing of the charge.\n\t(7)\tThis section does not limit section 714.\n723—Evidence as to intelligent access map\n\t(1)\tA 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\t(2)\tThe 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\t(3)\tA 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.\n724—Reports and statements made by approved intelligent transport system\n\t(1)\tA report purporting to be made by an approved intelligent transport system—\n\t(a)\tis presumed, unless the contrary is proved—\n\t(i)\tto have been properly made by the system; and\n\t(ii)\tto be a correct representation of the information generated, recorded, stored, displayed, analysed, transmitted and reported by the system; and\n\t(b)\tis admissible in a proceeding under this Law; and\n\t(c)\tis evidence of the matters stated in it.\n\t(2)\tHowever, 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.\n\t(3)\tAlso, 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\t(4)\tIf 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:\n\t(a)\tthat a report made by an approved intelligent transport system has been properly made;\n\t(b)\tthat 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\t(c)\tthe 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\t(5)\tThe notice must—\n\t(a)\tbe signed by the defendant; and\n\t(b)\tstate the grounds on which the defendant intends to rely to challenge the matter mentioned in subsection (4)(a), (b) or (c); and\n\t(c)\tbe given at least 14 days before the day fixed for the hearing of the charge.\n\t(6)\tThis section does not limit section 714.\n725—Documents produced by an electronic recording system\n\t(1)\tThis section applies to an approved electronic recording system constituting an electronic work diary or of which an electronic work diary is a part.\n\t(2)\tA document purporting to be made by the approved electronic recording system—\n\t(a)\tis presumed, unless the contrary is proved—\n\t(i)\tto have been properly made by the system; and\n\t(ii)\tto be a correct representation of the information generated, recorded, stored, displayed, analysed, transmitted and reported by the system; and\n\t(b)\tis admissible in a proceeding under this Law relating to a fatigue‑regulated heavy vehicle; and\n\t(c)\tis evidence of the matters stated in it.\n726—Statement by person involved with use or maintenance of approved electronic recording system\n\t(1)\tThis section applies to an approved electronic recording system constituting an electronic work diary or of which an electronic work diary is a part.\n\t(2)\tA 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—\n\t(a)\tis admissible in a proceeding under this Law relating to a fatigue‑regulated heavy vehicle; and\n\t(b)\tis evidence of the matters included in the statement.\nExamples of statements—\n\t•\ta 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\t•\ta statement made by an owner of an approved electronic recording system about how the owner has maintained the system\n\t•\ta 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\n726A—Evidence of offence\n\t(1)\tIn a proceeding for an offence against this Law—\n\t(a)\tevidence 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\t(b)\tevidence 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.\nheavy vehicle offence means—\n\t(a)\tan offence against this Law; or\n\t(b)\tan offence by the driver of a heavy vehicle of exceeding a speed limit applying to the driver.\n726B—Evidence obtained by police using other powers\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.\n726C—Evidence obtained in another jurisdiction\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.\nDivision 3—Publication of court outcomes\n726D—Regulator may publish convictions, penalties, orders, etc\n\t(1)\tThis 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.\n\t(2)\tThe Regulator may publish the following information about the conviction on the Regulator's website:\n\t(a)\tthe offence for which the person was convicted;\n\t(b)\tif the court imposed a penalty for the conviction—the penalty imposed;\n\t(c)\tif 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).\nPart 4—Protected information\n727—Definitions for Chapter 13 Part 4\n\t(1)\tIn this Part—\nauthorised use, for protected information, means—\n\t(a)\tuse by a person—\n\t(i)\tin the exercise of a function under this Law; or\n\t(ii)\twhere use of the information is required or authorised under this Law (whether explicitly or by implication); or\n\t(b)\tuse by a public authority or law enforcement agency—\n\t(i)\tfor 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\t(ii)\tif 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\t(c)\tuse by a court or tribunal in a proceeding under an Australian road law; or\n\t(d)\tuse 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\t(e)\tan activity associated with preventing or minimising—\n\t(i)\ta risk of danger to the life of a person; or\n\t(ii)\ta risk of serious harm to the health of a person; or\n\t(iii)\ta risk to public safety; or\n\t(f)\ta use authorised by the person to whom the information relates; or\n\t(g)\tresearch purposes if the information contains no personal information; or\n\t(h)\tuse by an entity (whether public or private) in connection with road tolls; or\n\t(i)\tuse by an entity (whether public or private) in connection with the administration of third party insurance legislation; or\n\t(j)\tuse by an entity (whether public or private) for the purpose of determining the registration status of a heavy vehicle; or\n\t(k)\ta use required or authorised under a relevant law of a participating jurisdiction; or\n\t(l)\ta use prescribed by the national regulations; or\n\t(m)\ta use referred to in subsection (2);\ndriver fatigue compliance function means a function exercised for the purpose of—\n\t(a)\tthe administration or enforcement of a driver fatigue provision; or\n\t(b)\teducation, evaluation and similar activities supporting administration or enforcement of a driver fatigue provision;\ndriver fatigue provision means any of the following:\n\t(aa)\tChapter 1A to the extent the Chapter relates to driver fatigue;\n\t(a)\tChapter 6;\n\t(b)\tChapter 8 to the extent the Chapter relates to BFM accreditation or AFM accreditation;\n\t(c)\tDivision 8 of Chapter 9 Part 3;\n\t(d)\tChapter 9, other than Division 8 of Chapter 9 Part 3, to the extent the Chapter applies to the enforcement of provisions mentioned in paragraphs (aa), (a) and (b);\nelectronic work diary authorised use, for electronic work diary protected information, means—\n\t(a)\tuse by a person—\n\t(i)\tin the exercise of a driver fatigue compliance function; or\n\t(ii)\tnot in the exercise of a driver fatigue compliance function but authorised under a warrant mentioned in section 729B; or\n\t(b)\tuse 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\t(c)\tuse by a court or tribunal in a proceeding under an Australian road law; or\n\t(d)\tuse 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\t(e)\tresearch purposes if the information contains no personal information; or\n\t(f)\tuse prescribed by the national regulations; or\n\t(g)\tuse referred to in subsection (3);\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;\nelectronic work diary protected information—\n\t(a)\tmeans electronic work diary information; but\n\t(i)\tinformation 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—\n\t(A)\tcoincidentally relevant for a driver fatigue purpose; and\n\t(B)\trecorded in an electronic work diary; or\n\t(ii)\tinformation relating to proceedings before a relevant tribunal or court that are or were open to the public;\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—\n\t(a)\tmeans information obtained in the course of administering this Law or because of an opportunity provided by involvement in administering this Law; but\n\t(i)\tintelligent access program information; or\nSee Chapter 7 for the restrictions on the use and disclosure of intelligent access program information.\n\t(ii)\tinformation mentioned in paragraph (a) in a form that does not identify a person; or\n\t(iii)\tinformation relating to proceedings before a relevant tribunal or court that are or were open to the public; or\n\t(iv)\telectronic work diary protected information;\nrelevant law, of a participating jurisdiction, means a law specified for this definition in a law of the jurisdiction.\n\t(2)\tIt 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\t(3)\tIt 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\t(4)\tTo 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.\n728—Duty of confidentiality for protected information\n\t(1)\tA person who is, or has been, a person exercising functions under this Law must not disclose protected information to another person.\n\t(2)\tHowever, subsection (1) does not apply to the Regulator—\n\t(a)\tdisclosing protected information in the form of a confirmation that a stated person is the registered operator of a stated heavy vehicle; or\n\t(b)\tdisclosing details of heavy vehicles registered in a person's name to an executor or administrator of that person's deceased estate.\n\t(3)\tAlso, subsection (1) does not apply if—\n\t(a)\tthe disclosure is to an entity for an authorised use; or\n\t(b)\tthe disclosure is to, or made with the agreement of, the person to whom the information relates.\n728A—Duty of confidentiality for electronic work diary protected information\n\t(1)\tA person who is, or has been, a person exercising functions under this Law must not disclose electronic work diary protected information to another person.\n\t(2)\tSubsection (1) does not apply if—\n\t(a)\tthe disclosure is to an entity for an electronic work diary authorised use; or\n\t(b)\tthe disclosure is to, or made with the agreement of, the person to whom the information relates.\n729—Protected information only to be used for authorised use\n\t(1)\tA person who is, or has been, a person exercising functions under this Law must not use protected information other than for an authorised use.\n\t(2)\tHowever, subsection (1) does not apply to the Regulator using protected information for making a disclosure mentioned in section 728(2).\n\t(3)\tA 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.\n729A—Electronic work diary protected information only to be used for electronic work diary authorised use\n\t(1)\tA 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.\n\t(2)\tA 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.\n729B—Warrant authorising use of electronic work diary protected information\n\t(1)\tA 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\t(2)\tThe warrant must state the purpose for which the information may be used.\n\t(3)\tAn 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\t(4)\tChapter 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).\nPart 5—National regulations\n730—National regulations\n\t(1)\tFor 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\t(2)\tThe designated authority may make regulations for the purposes of this Law.\n\t(3)\tThe regulations may provide for—\n\t(a)\tany matter a provision of this Law states may be provided for in the regulations; and\n\t(b)\tthe imposition of a maximum fine for a contravention of a provision of the regulations of not more than—\n\t(i)\tfor a contravention by an individual—$4 000; or\n\t(ii)\tin any other case—$20 000; and\nHowever, a maximum fine imposed by the regulations may be increased under section 737 to a higher amount.\n\t(c)\tany other matter that is necessary or convenient to be prescribed for carrying out or giving effect to this Law.\n\t(4)\tSubsection (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.\nQueensland Governor means the Governor of the State of Queensland and includes—\n\t(a)\ta person acting under a delegation under section 40 of the Constitution of Queensland 2001; and\n\t(b)\ta person for the time being administering the Government of Queensland under section 41 of the Constitution of Queensland 2001.\n731—National regulations for approved vehicle examiners\n\t(1)\tWithout limiting any other provision of this Law, the national regulations may provide for—\n\t(a)\tthe approval of classes of vehicle examiners to inspect vehicles for the purposes of this Law; and\n\t(b)\tthe role of the Regulator in approving classes of vehicle examiners and persons as vehicle examiners; and\n\t(c)\tprobity requirements for becoming and being approved vehicle examiners; and\n\t(d)\tthe functions of approved vehicle examiners or classes of approved vehicle examiners, including, for example—\n\t(i)\tthe examination and testing of heavy vehicles and equipment; and\n\t(ii)\tthe oversight of entities involved in the inspection or repair of heavy vehicles; and\n\t(iii)\tthe clearance of vehicle defect notices; and\n\t(e)\tthe 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\t(f)\tthe facilities and equipment that approved vehicle examiners are required to have in connection with the exercise of their functions; and\n\t(g)\tthe terms and conditions of approval of persons as vehicle examiners (including, for example, fees, qualifications and responsibilities); and\n\t(h)\tprocedures for monitoring and auditing compliance with—\n\t(i)\tthe terms and conditions of approval of a person as a vehicle examiner; and\n\t(ii)\tthe relevant provisions of this Law and any applicable code of practice prescribed by the national regulations; and\n\t(iii)\tany other relevant requirements; and\n\t(i)\tthe discipline of, and disciplinary procedures applying to, approved vehicle examiners and entities having responsibility for their functions (including directors, managers and employees), whether—\n\t(i)\tby way of monetary penalties, restriction on functions, imposition of conditions, variation of terms of appointment, suspension of appointment, cancellation of appointment; or\n\t(ii)\tin some other way.\n\t(2)\tThe 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.\n732—National regulations for publication of agreements for services to States or Territories\nWithout limiting any other provision of this Law, the national regulations may provide that particular matters contained in or relating to agreements referred to in section 658(2) are to be published on the Regulator's website.\n733—Publication of national regulations\n\t(1)\tThe 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\t(2)\tA regulation commences on the day or days specified in the regulation for its commencement (being not earlier than the date it is published).\n734—Scrutiny of national regulations\n\t(1)\tThe 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\t(2)\tThe responsible Ministers are to prepare advice on the adverse report and provide a report to the relevant responsible Minister about the issues raised.\n\t(3)\tThe 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\t(4)\tSubsections (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.\nlegislation scrutiny body means a parliamentary committee (or other parliamentary body) whose functions include the scrutiny of regulations and other subordinate legislation.\nPart 6—Other\n735—Approved forms\n\t(1)\tThe Regulator may approve forms for use under this Law.\n\t(2)\tThe approval of a form must be notified on the Regulator's website.\n\t(3)\tFailure to comply with subsection (2) does not affect a form's validity.\n\t(4)\tThe function of approving forms includes the function of approving the format of forms.\n735A—Legal professional privilege\nNothing in this Law compels a person to give information that is the subject of legal professional privilege to another person.\n736—Penalty at end of provision\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.\n737—Increase of penalty amounts\n\t(1)\tThis 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\t(2)\tAt 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.\n\t(2a)\tTo remove any doubt, the maximum fine limits mentioned in section 730(3)(b) do not limit the application of subsection (2).\n\t(3)\tA recommendation of the responsible Ministers for national regulations prescribing a method for the increase of penalties cannot be made unless the responsible Ministers are satisfied that the method generally accords with increases in relevant inflation indexes or similar indexes.\n\t(4)\tAs 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.\n737A—Application of section 737 to new penalties\n\t(1)\tThe 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\t(2)\tFor applying section 737 under subsection (1) to a new penalty, the amount of penalty applying under section 737 is to be calculated as if—\n\t(a)\tthe new penalty had commenced before 1 July 2014; and\n\t(b)\tthe 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.\nnew penalty means a penalty amount stated at the end of a provision for an offence inserted into this Law by an amending Act.\n738—Service of documents\n\t(1)\tIf this Law requires or permits a document to be served on a person, the document may be served—\n\t(a)\ton an individual—\n\t(i)\tby delivering it to the individual personally; or\n\t(ii)\tby 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\t(iii)\tby 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\t(iv)\tby 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\t(b)\ton another person—\n\t(i)\tby 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\t(ii)\tby 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\t(iii)\tby 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\t(2)\tSubsection (1) applies whether the expression \"deliver\", \"give\", \"notify\", \"send\" or \"serve\" or another expression is used.\n\t(3)\tSubsection (1) does not affect—\n\t(a)\tthe operation of another law that authorises the service of a document otherwise than as provided in the subsection; or\n\t(b)\tthe power of a court or tribunal to authorise service of a document otherwise than as provided in the subsection.\n739—Service by post\n\t(1)\tIf a document authorised or required to be served on a person under this Law is served by post, service of the document—\n\t(a)\tmay be effected by properly addressing, prepaying and posting the document as a letter; and\n\t(b)\tis 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\t(2)\tSubsection (1) applies whether the expression 'deliver', 'give', 'notify', 'send' or 'serve' or another expression is used.\n740—Fees\n\t(1)\tThe national regulations may prescribe the fees payable for the following:\n\t(a)\tan application under this Law (whether or not another provision of this Law refers to payment of the prescribed fee for the application);\n\t(b)\tthe issue of a work diary for the driver of a fatigue‑regulated heavy vehicle.\n\t(2)\tThe 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\t(3)\tThe 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\t(4)\tA fee set by the Regulator under subsection (2) or (3) must be an amount—\n\t(a)\tthe Regulator considers reasonable; and\n\t(b)\tthat is no more than the reasonable cost of providing the service.\n\t(5)\tThe Regulator must publish a fee set by the Regulator under subsection (2) or (3)—\n\t(a)\tin the Commonwealth Gazette; and\n\t(b)\ton the Regulator's website.\n\t(6)\tThe 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\t(7)\tIf 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.\n740A—Increase of fee amounts\n\t(1)\tThis 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\t(2)\tAt 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.\n\t(3)\tA 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\t(4)\tAs 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.\n741—Recovery of amounts payable under Law\n\t(1)\tA 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\t(2)\tA fee, charge or other amount payable under this Law may also be recovered in a proceeding for an offence against this Law.\n\t(3)\tAn order made under subsection (2)—\n\t(a)\tcannot be for an amount exceeding the monetary jurisdictional limit of the court in civil proceedings; and\n\t(b)\tis taken to be, and is enforceable as, a judgment of the court sitting in civil proceedings.\n742—Contracting out prohibited\n\t(1)\tA contract is void to the extent to which it—\n\t(a)\tis contrary to this Law; or\n\t(b)\tpurports to annul, exclude, restrict or otherwise change the effect of a provision of this Law; or\n\t(c)\tpurports 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\t(2)\tThis 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\t(3)\tThis section applies to contracts entered into before or after the commencement of this section.\n743—Other powers not affected\n\t(1)\tUnless otherwise provided in this Law, nothing in this Law affects any power a court, tribunal or official has apart from this Law.\n\t(2)\tWithout 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.\n","sortOrder":39},{"sectionNumber":"Part 14","sectionType":"part","heading":"Savings and transitional provisions","content":"Chapter 14—Savings and transitional provisions\nPart 1—Interim provisions relating to Ministers and Board\n744—Responsible Ministers\n\t(1)\tThis section applies if a jurisdiction—\n\t(a)\tis not a participating jurisdiction; but\n\t(b)\thas 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\t(2)\tThe 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\t(3)\tUntil the prescribed day for the jurisdiction, the relevant provisions of this Law apply as if—\n\t(a)\tthe jurisdiction were a participating jurisdiction; and\n\t(b)\tthe Minister nominated under subsection (2) were the responsible Minister for the jurisdiction for the purposes of this Law.\n\t(4)\tTo 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.\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:\n\t(a)\tthe participation day for the jurisdiction;\n\t(b)\t30 June 2014;\nrelevant provisions means the provisions of this Law relating to the functions of responsible Ministers under this Law other than section 652.\n745—Exercise of powers by Board between enactment and commencement\n\t(a)\tunder 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\t(b)\ta provision of this Law conferring a function on the Board (a relevant provision) has not commenced.\n\t(2)\tThe members—\n\t(a)\tmay 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\t(b)\tin 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\t(3)\tFor 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\t(4)\tThe 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\t(5)\tThis section does not limit section 30 of Schedule 1.\nPart 2—General provisions\n746—Application of Part 2\n\t(1)\tThis 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\t(2)\tNothing in this Part limits section 34 of Schedule 1, except to the extent that the context or subject matter otherwise indicates or requires.\n747—Definitions for Part 2\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—\n\t(a)\tthe Standards and Vehicle Assessment Rules as at 10 November 2008;\n\t(b)\tthe Assessor Accreditation Rules (July 2007);\n\t(c)\tthe Vehicle Certification Rules (July 2007);\n\t(d)\tthe Network Classification Guidelines (July 2007);\n\t(e)\tthe 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—\n\t(a)\tmeans an application, permit, notice, authority or any other document; and\n\t(b)\twithout limiting paragraph (a), includes any document prescribed by a law of this jurisdiction as being within this definition; but\n\t(c)\tdoes not include any document prescribed by a law of this jurisdiction as not being within this definition.\n748—General savings and transitional provisions\n\t(1)\tThis section applies if a provision of this Law corresponds to a provision of the former legislation.\n\t(2)\tAnything done under the provision of the former legislation before the commencement day has effect as if—\n\t(a)\tthis Law had been in force when the thing was done; and\n\t(b)\tthe thing had been done under this Law; and\n\t(c)\tany reference to a person in, or in relation to, the provision were a reference to the nearest equivalent person under this Law; and\n\t(d)\tany 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\t(e)\tany 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.\n\t(3)\tSubsection (2) does not apply to the following:\n\t(a)\tany appointment of a person as an authorised officer;\n\t(b)\tany appointment of any other person who was employed by the department or body administering the former legislation;\n\t(c)\tany prosecution of an offence that had not been completed immediately before the commencement day;\n\t(d)\tany review or appeal, or anything related to a review or appeal, that was unresolved immediately before the commencement day;\n\t(e)\tanything excluded from the operation of this section by the national regulations.\n\t(4)\tAny 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\t(5)\tOn 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\t(6)\tThe Regulator is not liable for anything the Regulator is taken to have done under this section that was done before the commencement day.\n\t(7)\tProceedings 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\t(8)\tThe national regulations may provide for, and from commencement day could always provide for—\n\t(a)\tthe 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\t(b)\tthe further preservation of anything not covered by the replacement.\nHML declarations means HML declarations under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation.\n749—Expiry of certain permits, exemptions, notices and authorities\n\t(1)\tThis section applies if a permit, exemption, notice or authority—\n\t(a)\tis taken to have been made under this Law under section 748; and\n\t(b)\tis not subject to an expiry date, or is subject to an expiry date—\n\t(i)\tthat, in the case of a permit, exceeds 3 years after the commencement day; or\n\t(ii)\tthat in any other case exceeds 5 years after the commencement day.\n\t(2)\tIn the case of a permit, it expires 3 years after the commencement day, unless it is cancelled before that day.\n\t(3)\tIn the case of an exemption, notice or authority, it expires 5 years after the commencement day, unless it is cancelled before that day.\n\t(4)\tDespite subsections (2) and (3), a modification approval granted in respect of a vehicle is to continue for the life of the vehicle.\n\t(5)\tFor the purposes of this section, a permit that solely provides an exemption is to be considered to be an exemption.\n750—Amendment or cancellation of instruments carried over from former legislation\n\t(1)\tThis section applies to any instrument—\n\t(a)\tthat is taken to have been made under this Law under section 748; and\n\t(b)\tthat applies to more than one person and that confers a benefit on at least one person; and\n\t(c)\tthat is of a class of instrument that is specified by the national regulations for the purposes of this section.\n\t(2)\tAn 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.\n\t(3)\tDespite 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\t(4)\tDespite 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\t(a)\t28 days after the Commonwealth Gazette notice is published under subsection (4); or\n\t(6)\tThis 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.\n751—Expiry of industry codes of practice\n\t(1)\tThis section applies if a code of practice—\n\t(a)\tis taken to have been made under this Law under section 748; and\n\t(b)\tis not subject to a review date, or is subject to a review date that exceeds 3 years after the commencement day.\n\t(2)\tThe code of practice expires 3 years after the commencement day, unless it is cancelled before that day.\n752—Pending matters\n\t(a)\tsection 748 applies to a relevant instrument (for example, an application); and\n\t(b)\tany matter (for example, the determination of an application) is pending in respect of the instrument immediately before the participation day for this jurisdiction.\n\t(2)\tWhen the matter is being dealt with on or after the participation day for this jurisdiction—\n\t(a)\tthe 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\t(b)\tthis Law applies in relation to the matter—\n\t(i)\twith any adaptations the Regulator (or other person) considers appropriate to achieve consistency with provisions of the former legislation; and\n\t(ii)\twith any necessary adaptations.\n753—Preservation of current PBS scheme\n\t(1)\tThe instruments that comprise the current PBS scheme—\n\t(a)\tcontinue in force on and from the commencement day despite the commencement of any provision of this Law; and\n\t(b)\tapply with any necessary or appropriate modifications with respect to any relevant provisions of this Law or any relevant functions of the Regulator; and\n\t(c)\tso apply as if a reference in the instruments to the National Transport Commission included a reference to the Regulator.\n\t(2)\tThis section ceases to apply to an instrument if it is replaced by approved guidelines or it is otherwise dispensed with.\n754—Preservation of contracts for current PBS scheme\n\t(1)\tThis 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\t(2)\tA contract to which this section applies and the arrangements to which the contract relates—\n\t(a)\tcontinue in force on and from the commencement day despite the commencement of any provision of this Law; and\n\t(b)\tapply with any necessary or appropriate modifications with respect to any relevant provisions of this Law or any relevant functions of the Regulator; and\n\t(c)\tso apply as if a reference in the contract to the National Transport Commission included a reference to the Regulator.\n\t(3)\tThis section ceases to apply to a contract with another person referred to in subsection (1) if—\n\t(a)\tthe contract is terminated; or\n\t(b)\ta subsequent contract is entered into with the Regulator and the other person for a similar or a corresponding purpose.\n755—National regulations for savings and transitional matters\n\t(1)\tThe 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\t(2)\tAny 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\t(3)\tTo 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—\n\t(a)\tto 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\t(b)\tto 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\t(4)\tWithout limiting subsections (1) to (3), the national regulations may contain provisions of a savings or transitional nature that—\n\t(a)\thave effect in circumstances where some but not all the provisions of this Law are commenced; and\n\t(b)\twithout limiting paragraph (a), modify the operation of the commenced provisions pending and after commencement of the uncommenced provisions.\nPart 3—Heavy Vehicle National Law Amendment Act 2015 (Queensland)\n756—Application of section 87A to previously fitted plate or label\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.\n757—Saving of stated map and other matters under section 119 or 142\n\t(1)\tSubsections (2) to (5) apply to the following:\n\t(a)\ta stated map applied under unamended section 119(2) in a mass or dimension exemption (notice) in existence immediately before the commencement;\n\t(b)\tthe areas or routes shown on the stated map immediately before the commencement;\n\t(c)\ta 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\t(d)\troad conditions or travel conditions shown on a stated map or list mentioned in paragraph (a) or (c).\n\t(2)\tThe stated map is taken to be a stated map applied under amended section 119(2).\n\t(3)\tThe list of areas or routes is taken to be a stated list applied under amended section 119(2).\n\t(4)\tThe road conditions or travel conditions are taken to be imposed under amended section 119(3).\n\t(5)\tThe 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\t(6)\tSubsections (7) to (10) apply to the following:\n\t(a)\ta stated map applied under unamended section 142(2) in a class 2 heavy vehicle authorisation (notice) in existence immediately before the commencement;\n\t(b)\tthe areas or routes shown on the stated map immediately before the commencement;\n\t(c)\ta 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\t(d)\troad conditions or travel conditions shown on a stated map or list mentioned in paragraph (a) or (c).\n\t(7)\tThe stated map is taken to be a stated map applied under amended section 142(2).\n\t(8)\tThe list of areas or routes is taken to be a stated list applied under amended section 142(2).\n\t(9)\tThe road conditions or travel conditions are taken to be imposed under amended section 142(3).\n\t(10)\tThe 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\t(11)\tIn 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—\n\t(a)\tfor the purposes of subsection (1)—the commencement of the amendment of section 119 under the amendment Act; or\n\t(b)\tfor the purposes of subsection (6)—the commencement of the amendment of section 142 under the amendment Act;\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.\n758—Application of section 737 to a new penalty\n\t(1)\tThe 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\t(2)\tThe 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\t(3)\tFor 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—\n\t(a)\tthe new penalty had commenced before 1 July 2014; and\n\t(b)\tthe 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\t(4)\tBefore 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.\namendment Act means the Heavy Vehicle National Law Amendment Act 2015 (Queensland);\nold penalty means a penalty that applied before the commencement of the amendment Act;\nnew penalty means a penalty that applies after the commencement of the amendment Act.\nPart 4—Heavy Vehicle National Law and Other Legislation Amendment Act 2016 (Queensland)\n759—Application of section 737 to a new penalty\n\t(1)\tThe enactment of a new penalty by the amendment Act includes the enactment of an increase in the amount of penalty applying under section 737, to take effect when the new penalty commences.\n\t(2)\tFor 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—\n\t(a)\tthe new penalty had commenced before 1 July 2014; and\n\t(b)\tthe 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.\namendment Act means the Heavy Vehicle National Law and Other Legislation Amendment Act 2016 (Queensland);\nnew penalty means a penalty stated at the end of a provision enacted by the amendment Act.\nSchedule 1—Miscellaneous provisions relating to interpretation\nsection 10\n1—Displacement of Schedule by contrary intention\nThe application of this Schedule may be displaced, wholly or partly, by a contrary intention appearing in this Law.\nPart 2—General\n2—Law to be construed not to exceed legislative power of Parliament\n\t(1)\tThis 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\t(2)\tIf a provision of this Law, or the application of a provision of this Law to a person, subject matter or circumstance, would, but for this section, be construed as being in excess of the legislative power of the Parliament of this jurisdiction—\n\t(a)\tit is a valid provision to the extent to which it is not in excess of the power; and\n\t(b)\tthe remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected.\n\t(3)\tThis section applies to this Law in addition to, and without limiting the effect of, any provision of this Law.\n3—Every section to be a substantive enactment\nEvery section of this Law has effect as a substantive enactment without introductory words.\n4—Material that is, and is not, part of this Law\n\t(1)\tThe heading to a Chapter, Part, Division or Subdivision into which this Law is divided is part of this Law.\n\t(2)\tA Schedule to this Law is part of this Law.\n\t(3)\tPunctuation in this Law is part of this Law.\n\t(4)\tA heading to a section or subsection of this Law does not form part of this Law.\n\t(5)\tNotes included in this Law (including footnotes and endnotes) do not form part of this Law.\n5—References to particular Acts and to enactments\n\t(a)\tan Act of this jurisdiction may be cited—\n\t(ii)\tby reference to the year in which it was passed and its number; and\n\t(b)\ta Commonwealth Act may be cited—\n\t(ii)\tin another way sufficient in a Commonwealth Act for the citation of such an Act,\ntogether with a reference to the Commonwealth; and\n\t(c)\tan Act of another jurisdiction may be cited—\n\t(ii)\tin another way sufficient in an Act of the jurisdiction for the citation of such an Act,\ntogether with a reference to the jurisdiction.\n6—References taken to be included in Law or Act citation etc\n\t(1)\tA reference in this Law to this Law or an Act includes a reference to—\n\t(a)\tthis Law or the Act as originally enacted, and as amended from time to time since its original enactment; and\n\t(b)\tif 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\t(2)\tA reference in this Law to a provision of this Law or of an Act includes a reference to—\n\t(a)\tthe provision as originally enacted, and as amended from time to time since its original enactment; and\n\t(b)\tif 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\t(3)\tSubsections (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.\n7—Interpretation best achieving Law's purpose or object\n\t(1)\tIn 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\t(2)\tSubsection (1) applies whether or not the purpose or object is expressly stated in this Law.\n8—Use of extrinsic material in interpretation\n\t(1)\tIn this section—\nextrinsic material means relevant material not forming part of this Law, including, for example—\n\t(a)\tmaterial that is set out in the document containing the text of this Law as printed by the Government Printer; and\n\t(b)\ta 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\t(c)\ta relevant report of a committee of the Parliament of this jurisdiction that was made to the Parliament before the provision was enacted; and\n\t(d)\ta treaty or other international agreement that is mentioned in this Law; and\n\t(e)\tan 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\t(f)\tthe 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\t(g)\tmaterial 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\t(h)\ta 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.\n\t(2)\tSubject 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—\n\t(a)\tif the provision is ambiguous or obscure—to provide an interpretation of it; or\n\t(b)\tif 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\t(c)\tin any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision.\n\t(3)\tIn 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—\n\t(a)\tthe desirability of a provision being interpreted as having its ordinary meaning; and\n\t(b)\tthe undesirability of prolonging proceedings without compensating advantage; and\n\t(c)\tother relevant matters.\n9—Effect of change of drafting practice\nIf—\n\t(a)\ta provision of this Law expresses an idea in particular words; and\n\t(b)\ta 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—\n\t(i)\tthe use of a clearer or simpler style; or\n\t(ii)\tthe use of gender‑neutral language,\nthe ideas must not be taken to be different merely because different words are used.\n10—Use of examples\nIf this Law includes an example of the operation of a provision—\n\t(a)\tthe example is not exhaustive; and\n\t(b)\tthe example does not limit, but may extend, the meaning of the provision; and\n\t(c)\tthe 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.\n11—Compliance with forms\n\t(1)\tIf 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\t(2)\tIf a form prescribed or approved by or for the purpose of this Law requires—\n\t(a)\tthe form to be completed in a specified way; or\n\t(b)\tspecified information or documents to be included in, attached to or given with the form; or\n\t(c)\tthe 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.\nPart 3—Terms and references\n12—Definitions\n\t(1)\tIn 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—\n\t(a)\tomit or omit and substitute; or\n\t(b)\talter or vary; or\n\t(c)\tamend 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—\n\t(a)\ta Saturday or Sunday; or\n\t(b)\ta 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—\n\t(a)\timmediately before the beginning of the corresponding day of the next named month; or\n\t(b)\tif 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—\n\t(a)\ta federation; or\n\t(b)\ta 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—\n\t(a)\tgives a meaning to a word or expression; or\n\t(b)\tlimits or extends the meaning of a word or expression;\ndocument includes—\n\t(a)\tany paper or other material on which there is writing; and\n\t(b)\tany 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\t(c)\tany 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—\n\t(a)\ta communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both; or\n\t(b)\ta 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—\n\t(a)\ta legal or equitable estate in the land or other property; or\n\t(b)\ta 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—\n\t(a)\ta number expressed in figures or words; or\n\t(b)\ta letter; or\n\t(c)\ta 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—\n\t(a)\ta Chapter, Part, Division, Subdivision, section, subsection, paragraph, subparagraph, subsubparagraph or Schedule of or to this Law or the Act; and\n\t(b)\ta section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act; and\n\t(c)\tthe long title and any preamble to the Act;\nrecord includes information stored or recorded by means of a computer;\nrepeal includes—\n\t(a)\trevoke or rescind; and\n\t(b)\trepeal by implication; and\n\t(c)\tabrogate or limit the effect of this Law or the instrument concerned; and\n\t(d)\texclude 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.\n\t(2)\tIn a statutory instrument—\nthe Law means this Law.\n13—Provisions relating to defined terms and gender and number\n\t(1)\tIf this Law defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.\n\t(2)\tDefinitions in or applicable to this Law apply except so far as the context or subject matter otherwise indicates or requires.\n\t(3)\tIn this Law, words indicating a gender include each other gender.\n\t(4)\tIn this Law—\n\t(a)\twords in the singular include the plural; and\n\t(b)\twords in the plural include the singular.\n14—Meaning of 'may' and 'must'\n\t(1)\tIn 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\t(2)\tIn 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\t(3)\tThis section has effect despite any rule of construction to the contrary.\n15—Words and expressions used in statutory instruments\n\t(1)\tWords 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\t(2)\tThis section has effect in relation to a statutory instrument except so far as the contrary intention appears in the instrument.\n16—Effect of express references to bodies corporate and individuals\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)—\n\t(a)\tdoes 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\t(b)\tdoes 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).\n17—Production of records kept in computers etc\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—\n\t(a)\tto produce the information or a document containing the information to a court, tribunal or person; or\n\t(b)\tto make a document containing the information available for inspection by a court, tribunal or person,\nthen, unless the court, tribunal or person otherwise directs—\n\t(c)\tthe 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\t(d)\tthe production to the court, tribunal or person of the document in that form complies with the requirement.\n18—References to this jurisdiction to be implied\n\t(a)\ta 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\t(b)\ta 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.\n19—References to officers and holders of offices\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.\n20—Reference to certain provisions of Law\nIf a provision of this Law refers—\n\t(a)\tto 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\t(b)\tto 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\t(c)\tto a Division, Subdivision, subsection, paragraph, subparagraph, subsubparagraph, clause, subclause, item, column, table or form by a number and without reference to this Law—the reference is a reference to—\n\t(i)\tthe Division, designated by the number, of the Part in which the reference occurs; and\n\t(ii)\tthe Subdivision, designated by the number, of the Division in which the reference occurs; and\n\t(iii)\tthe subsection, designated by the number, of the section in which the reference occurs; and\n\t(iv)\tthe paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and\n\t(v)\tthe 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\t(vi)\tthe subparagraph, designated by the number, of the paragraph in which the reference occurs; and\n\t(vii)\tthe subsubparagraph, designated by the number, of the subparagraph in which the reference occurs; and\n\t(viii)\tthe 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.\n21—Reference to provisions of this Law or an Act is inclusive\nIn this Law, a reference to a portion of this Law or an Act includes—\n\t(a)\ta 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\t(b)\ta 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.\nPart 4—Functions and powers\n22—Exercise of statutory functions\n\t(1)\tIf this Law confers a function on a person or body, the function may be exercised from time to time as occasion requires.\n\t(2)\tIf 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\t(3)\tIf 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.\n23—Power to make instrument or decision includes power to amend or repeal\nIf this Law authorises or requires the making of an instrument or decision—\n\t(a)\tthe power includes power to amend or repeal the instrument or decision; and\n\t(b)\tthe 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.\n24—Matters for which statutory instruments may make provision\n\t(1)\tIf 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—\n\t(a)\tan Act or statutory instrument; or\n\t(b)\tanother document (whether of the same or a different kind),\nas in force at a particular time or as in force from time to time.\n\t(2)\tIf 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\t(3)\tA statutory instrument may—\n\t(a)\tapply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction; or\n\t(b)\tapply generally to all persons, matters or things or be limited in its application to—\n\t(i)\tparticular persons, matters or things; or\n\t(ii)\tparticular classes of persons, matters or things; or\n\t(c)\totherwise apply generally or be limited in its application by reference to specified exceptions or factors.\n\t(4)\tA statutory instrument may—\n\t(a)\tapply differently according to different specified factors; or\n\t(b)\totherwise make different provision in relation to—\n\t(i)\tdifferent persons, matters or things; or\n\t(ii)\tdifferent classes of persons, matters or things.\n\t(5)\tA 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\t(6)\tIf 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\t(7)\tIf 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\t(8)\tA 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\t(9)\tA 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.\n25—Presumption of validity and power to make\n\t(1)\tAll 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\t(2)\tA 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.\n26—Appointments may be made by name or office\n\t(1)\tIf this Law authorises or requires a person or body—\n\t(a)\tto appoint a person to an office; or\n\t(b)\tto appoint a person or body to exercise a power; or\n\t(c)\tto appoint a person or body to do another thing,\nthe person or body may make the appointment by—\n\t(d)\tappointing a person or body by name; or\n\t(e)\tappointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.\n\t(2)\tAn 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.\n27—Acting appointments\n\t(1)\tIf 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—\n\t(a)\ta person by name; or\n\t(b)\ta particular officer, or the holder of a particular office, by reference to the title of the office concerned,\nto act in the office.\n\t(2)\tThe appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n\t(3)\tThe appointer may—\n\t(a)\tdetermine the terms and conditions of the appointment, including remuneration and allowances; and\n\t(b)\tterminate the appointment at any time.\n\t(4)\tThe appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer.\n\t(5)\tThe appointee must not act for more than 1 year during a vacancy in the office.\n\t(6)\tIf 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—\n\t(a)\tthe appointer otherwise directs; or\n\t(b)\tthe vacancy is filled; or\n\t(c)\tthe end of a year from the day of the vacancy,\nwhichever happens first.\n\t(7)\tThe appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer.\n\t(8)\tWhile the appointee is acting in the office—\n\t(a)\tthe appointee has all the powers and functions of the holder of the office; and\n\t(b)\tthis Law and other laws apply to the appointee as if the appointee were the holder of the office.\n\t(9)\tAnything done by or in relation to a person purporting to act in the office is not invalid merely because—\n\t(a)\tthe occasion for the appointment had not arisen; or\n\t(b)\tthe appointment had ceased to have effect; or\n\t(c)\tthe occasion for the person to act had not arisen or had ceased.\n\t(10)\tIf 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.\n28—Powers of appointment imply certain incidental powers\n\t(1)\tIf this Law authorises or requires a person or body to appoint a person to an office—\n\t(a)\tthe power may be exercised from time to time as occasion requires; and\n\t(b)\tthe power includes—\n\t(i)\tpower to remove or suspend, at any time, a person appointed to the office; and\n\t(ii)\tpower to appoint another person to act in the office if a person appointed to the office is removed or suspended; and\n\t(iii)\tpower to reinstate or reappoint a person removed or suspended; and\n\t(iv)\tpower to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and\n\t(v)\tpower 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\t(2)\tThe 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\t(3)\tThe power to make an appointment under subsection (1)(b) may be exercised from time to time as occasion requires.\n\t(4)\tAn appointment under subsection (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n29—Delegation of functions\n\t(1)\tIf 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—\n\t(a)\ta person or body by name; or\n\t(b)\ta specified officer, or the holder of a specified office, by reference to the title of the office concerned.\n\t(2)\tThe delegation may be—\n\t(a)\tgeneral or limited; and\n\t(b)\tmade from time to time; and\n\t(c)\trevoked, wholly or partly, by the delegator.\n\t(3)\tThe 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\t(4)\tA delegated function may be exercised only in accordance with any conditions to which the delegation is subject.\n\t(5)\tThe delegate may, in the exercise of a delegated function, do anything that is incidental to the delegated function.\n\t(6)\tA 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\t(7)\tA delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator.\n\t(8)\tIf, 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\t(9)\tIf—\n\t(a)\tthe delegator is a specified officer or the holder of a specified office; and\n\t(b)\tthe 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\t(c)\tthe delegation continues in force; and\n\t(d)\tthe 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\t(10)\tIf—\n\t(a)\tthe delegator is a body; and\n\t(b)\tthere is a change in the membership of the body,\n\t(c)\tthe delegation continues in force; and\n\t(d)\tthe body as constituted for the time being is taken to be the delegator for the purposes of this section.\n\t(11)\tIf a function is delegated to a specified officer or the holder of a specified office—\n\t(a)\tthe 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\t(b)\tthe function may be exercised by the person for the time being occupying or acting in the office concerned.\n\t(12)\tA function that has been delegated may, despite the delegation, be exercised by the delegator.\n\t(13)\tThe delegation of a function does not relieve the delegator of the delegator's obligation to ensure that the function is properly exercised.\n\t(14)\tSubject 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\t(15)\tIf this Law authorises the delegation of a function, the function may be subdelegated only if the Law expressly authorises the function to be subdelegated.\n30—Exercise of powers between enactment and commencement\n\t(1)\tIf a provision of this Law (the empowering provision) that does not commence on its enactment would, had it commenced, confer a power—\n\t(a)\tto make an appointment; or\n\t(b)\tto make a statutory instrument of a legislative or administrative character; or\n\t(c)\tto do another thing,\n\t(d)\tthe power may be exercised; and\n\t(e)\tanything 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.\n\t(2)\tIf 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—\n\t(a)\tto make an appointment; or\n\t(b)\tto make a statutory instrument of a legislative or administrative character; or\n\t(c)\tto do another thing,\n\t(d)\tthe power may be exercised; and\n\t(e)\tanything 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.\n\t(3)\tIf—\n\t(a)\tthis Law has commenced and confers a power to make a statutory instrument (the basic instrument‑making power); and\n\t(b)\ta 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\t(c)\tthe basic instrument‑making power and the additional instrument‑making power may be exercised by making a single instrument; and\n\t(d)\tany provision of the instrument that required an exercise of the additional instrument‑making power is to be treated as made under subsection (2).\n\t(4)\tIf an instrument, or a provision of an instrument, is made under subsection (1) or (2) that is necessary for the purpose of—\n\t(a)\tenabling the exercise of a power mentioned in the subsection; or\n\t(b)\tbringing an appointment, instrument or other thing made or done under such a power into effect,\nthe instrument or provision takes effect—\n\t(c)\ton the making of the instrument; or\n\t(d)\ton 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\t(5)\tIf—\n\t(a)\tan appointment is made under subsection (1) or (2); or\n\t(b)\tan 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—\n\t(c)\ton the commencement of the relevant empowering provision; or\n\t(d)\ton 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\t(6)\tAnything 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\t(7)\tAfter 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\t(8)\tIn 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.\nPart 5—Distance, time and age\n31—Matters relating to distance, time and age\n\t(1)\tIn 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\t(2)\tIf 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—\n\t(a)\tif 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\t(b)\tin any other case—by including the day on which the purpose is to be fulfilled.\n\t(3)\tIf 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\t(4)\tIf 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\t(5)\tIf 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\t(6)\tIf, 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\t(7)\tFor the purposes of this Law, a person attains an age in years at the beginning of the person's birthday for the age.\nPart 6—Effect of repeal, amendment or expiration\n32—Time of Law ceasing to have effect\nIf a provision of this Law is expressed—\n\t(a)\tto expire on a specified day; or\n\t(b)\tto 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.\n33—Repealed Law provisions not revived\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—\n\t(a)\tis later repealed or amended; or\n\t(b)\tlater expires.\n34—Saving of operation of repealed Law provisions\n\t(1)\tThe repeal, amendment or expiry of a provision of this Law does not—\n\t(a)\trevive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or\n\t(b)\taffect the previous operation of the provision or anything suffered, done or begun under the provision; or\n\t(c)\taffect a right, privilege or liability acquired, accrued or incurred under the provision; or\n\t(d)\taffect a penalty incurred in relation to an offence arising under the provision; or\n\t(e)\taffect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.\n\t(2)\tAny 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.\n35—Continuance of repealed provisions\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.\n36—Law and amending Acts to be read as one\nThis Law and all Queensland Acts amending this Law are to be read as one.\nPart 7—Instruments under Law\n37—Schedule applies to statutory instruments\n\t(1)\tThis 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\t(2)\tThe 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.\nPart 8—Application to coastal waters\n38—Application\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.\n","sortOrder":40},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Subject matter for conditions of mass or dimension authorities","content":"Schedule 2—Subject matter for conditions of mass or dimension authorities\nsections 119, 125 and 146\n\nthe maximum permissible mass of a heavy vehicle, a heavy vehicle together with its load, or a component of a heavy vehicle, being used on a road\nthe maximum permissible dimensions of a heavy vehicle (including its equipment), or a component or load of a heavy vehicle, being used on a road\nthe configuration of a heavy vehicle\nthe types of loads a heavy vehicle may carry\nthe use of signs and warning devices\nthe use of a pilot vehicle or escort vehicle\nthe times when a heavy vehicle may be used on a road\nthe maximum speed at which a heavy vehicle may be driven on a road\nrequirements about monitoring the movement of a heavy vehicle\nthe use of stated technology to—\n\n\t(a)\tensure the safe use of a heavy vehicle; or\n\n\t(b)\tensure a heavy vehicle will not cause damage to road infrastructure; or\n\n\t(c)\tminimise the adverse effect of the use of a heavy vehicle on public amenity\n","sortOrder":41},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 3—Reviewable decisions\nsection 640, definition reviewable decision\nPart 1—Decisions of Regulator\n\nsection 22\ndecision of Regulator not to grant a PBS design approval\nsection 22\ndecision of Regulator to impose a condition in relation to a PBS design approval, except to the extent the decision relates to a condition imposed as a result of a ministerial notice under section 21\nsection 23\ndecision of Regulator not to grant a PBS vehicle approval\nsection 23\ndecision of Regulator to impose a condition in relation to a PBS vehicle approval, except to the extent the decision relates to a condition imposed as a result of a ministerial notice under section 21\nsection 68\ndecision of Regulator not to grant a vehicle standards exemption (permit)\nsection 68\ndecision of Regulator to grant a vehicle standards exemption (permit) for a period less than the period of not more than 3 years sought by the applicant\nsection 71\ndecision of Regulator to impose on a vehicle standards exemption (permit) a condition not sought by the applicant\nsection 75\ndecision of Regulator not to make a decision sought in an application for amendment or cancellation of a vehicle standards exemption (permit)\nsection 76\ndecision of Regulator to amend or cancel a vehicle standards exemption (permit)\nsection 77\ndecision of Regulator to immediately suspend a vehicle standards exemption (permit)\nsection 80\ndecision of Regulator not to give a replacement permit for a vehicle standards exemption (permit)\nsection 122\ndecision of Regulator not to grant a mass or dimension exemption (permit) other than because a relevant road manager for the exemption did not consent to the grant\nsection 122\ndecision of Regulator to grant a mass or dimension exemption (permit) for a period less than the period of not more than 3 years sought by the applicant\nsection 125\ndecision of Regulator to impose on a mass or dimension exemption (permit) a condition not sought by the applicant and not a road condition or travel condition required by a relevant road manager for the exemption\nsection 143\ndecision of Regulator not to grant a class 2 heavy vehicle authorisation (permit) other than because a relevant road manager for the authorisation did not consent to the grant\nsection 143\ndecision of Regulator to grant a class 2 heavy vehicle authorisation (permit) for a period less than the period of not more than 3 years sought by the applicant\nsection 146\ndecision of Regulator to impose on a class 2 heavy vehicle authorisation (permit) a condition not sought by the applicant and not a road condition or travel condition required by a relevant road manager for the authorisation\nsection 176\ndecision of Regulator not to make a decision sought in an application for amendment of a mass or dimension authority granted by giving a person a permit\nsection 177\ndecision of Regulator to amend or cancel a mass or dimension authority granted by giving a person a permit, other than at the request of a relevant road manager\nsection 179\ndecision of Regulator to immediately suspend a mass or dimension authority granted by giving a person a permit\nsection 182\ndecision of Regulator not to give a replacement permit for a mass or dimension authority\ndecision of Regulator not to grant a work and rest hours exemption (permit)\ndecision of Regulator to grant a work and rest hours exemption (permit) that does not cover all of the drivers sought by the applicant\ndecision of Regulator to grant a work and rest hours exemption (permit) setting maximum work times or minimum rest times different to the maximum work times or minimum rest times sought by the applicant\ndecision of Regulator to grant a work and rest hours exemption (permit) for a period less than the period of not more than 3 years sought by the applicant\nsection 276\ndecision of Regulator to impose on a work and rest hours exemption (permit) a condition not sought by the applicant\nsection 280\ndecision of Regulator not to make a decision sought in an application for the amendment or cancellation of a work and rest hours exemption (permit)\nsection 281\ndecision of Regulator to amend or cancel a work and rest hours exemption (permit)\nsection 282\ndecision of Regulator to immediately suspend a work and rest hours exemption (permit)\nsection 285\ndecision of Regulator not to give a replacement permit for a work and rest hours exemption (permit)\nsection 343\ndecision of Regulator not to grant an electronic recording system approval\nsection 343\ndecision of Regulator to impose on an electronic recording system approval a condition not sought by the applicant\nsection 351\ndecision of Regulator not to make a decision sought in an application for amendment or cancellation of an electronic recording system approval\nsection 352\ndecision of Regulator to amend or cancel an electronic recording system approval\nsection 363\ndecision of Regulator not to grant a work diary exemption (permit)\nsection 363\ndecision of Regulator to grant a work diary exemption (permit) for a period less than the period of not more than 3 years sought by the applicant\nsection 366\ndecision of Regulator to impose on a work diary exemption (permit) a condition not sought by the applicant\nsection 370\ndecision of Regulator not to make a decision sought in an application for the amendment or cancellation of a work exemption (permit)\nsection 371\ndecision of Regulator to amend or cancel a work diary exemption (permit)\nsection 374\ndecision of Regulator not to give a replacement permit for work diary exemption (permit)\nsection 379\ndecision of Regulator to impose a condition on a fatigue record keeping exemption (notice)\nsection 383\ndecision of Regulator to grant a fatigue record keeping exemption (permit) in a way that does not cover all the drivers sought by the applicant\nsection 383\ndecision of Regulator to grant a fatigue record keeping exemption (permit) setting conditions different from those sought by the applicant\nsection 385\ndecision of Regulator to impose a condition on a fatigue record keeping exemption (permit)\nsection 387\ndecision of Regulator to give a fatigue record keeping exemption (permit) for a period less than the period of not more than 3 years sought by the applicant\nsection 388\ndecision of Regulator not to grant a fatigue record keeping exemption (permit)\nsection 389\ndecision of Regulator not to make a decision sought in an application for amendment or cancellation of a fatigue record keeping exemption (permit)\nsection 390\ndecision of Regulator to amend or cancel a fatigue record keeping exemption (permit)\nsection 393\ndecision of Regulator not to give a replacement fatigue record keeping exemption permit\ndecision of Regulator not to grant a heavy vehicle accreditation\ndecision of Regulator to grant a heavy vehicle accreditation for a period less than the period of not more than 3 years sought by the applicant\ndecision of Regulator to 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\nsection 462(2)\ndecision of Regulator to impose on a heavy vehicle accreditation a condition not sought by the applicant\nsection 472\ndecision of Regulator not to make a decision sought in an application for amendment or cancellation of a heavy vehicle accreditation\nsection 473\ndecision of Regulator to amend, suspend or cancel a heavy vehicle accreditation\nsection 474\ndecision of Regulator to immediately suspend a heavy vehicle accreditation\nsection 477\ndecision of Regulator not to give a replacement accreditation certificate\nsection 561\ndecision of Regulator that a thing or sample is forfeited to the Regulator\nPart 2—Decisions of authorised officers\n\nsection 572\ndecision of an authorised officer who is not a police officer to give a person an improvement notice\nsections 572 and 574\ndecision of an authorised officer who is not a police officer to amend an improvement notice given to a person\nsection 576A\ndecision of an authorised officer who is not a police officer to give a person a prohibition notice\nsection 576A\ndecision of an authorised officer who is not a police officer to amend a prohibition notice given to a person\nSection 23 of Schedule 1 allows for the amendment of a prohibition notice.\nPart 3—Decisions of relevant road managers\n\nsection 156A\ndecision of a relevant road manager for a mass or dimension authority, that is a public authority, not to consent to the grant of the authority\nsection 160\ndecision of a relevant road manager for a mass or dimension authority, that is a public authority, to consent to the grant of the authority subject to a condition that a road condition be imposed on the authority\nsection 161\ndecision of a relevant road manager for a mass or dimension authority, that is a public authority, to consent to the grant of the authority subject to a condition that a travel condition be imposed on the authority\nsection 174\ndecision of a relevant road manager for a mass or dimension authority (granted by Commonwealth Gazette notice), that is a public authority, to request the authority be amended or cancelled\nsection 178\ndecision of a relevant road manager for a mass or dimension authority (granted by giving a person a permit), that is a public authority, to request the authority be amended or cancelled\n","sortOrder":42},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Liability provisions","content":"Schedule 4—Liability provisions\nsections 636, 637 and 638\nThe provisions specified in column 2 of the following table are specified for the purposes of sections 636(1), 637(4) and 638(4).\n\nSection of this Law\nProvision specified for sections 636(1), 637(4) and 638(4)\n26E\n26E(1), 26E(2)\n60(1)\n79(2)\n81(1), 81(2), 81(3)\n85(2)\n87A\n87A(1)\n89(1)\n93(1), 93(2), 93(3)\n129(1), 129(2), 129(3)\n130(3)\n150(1)\n153A\n153A(1)\n181(3)\n185(1), 185(2)\n186(2), 186(3), 186(4), 186(5)\n187(2), 187(3)\n190(1)\n191(1), 191(3)\n193(2)\n264(2)\n284(2)\n286(1)\n310(2)\n311(2)\n312(2)\n313(2), 313(3)\n314(3)\n315(1)\n319(1)\n321(1), 321(3)\n322(4)\n323(3)\n324(2)\n324A\n324A(2)\n330(1)\n335(1)\n336(1)\n336A\n336A(1)\n337(2)\n341(1), 341(2), 341(3), 341(5)\n354(3), 354(5)\n355(2), 355(4), 355(6)\n373(2)\n396(2)\n398(2)\n399(2)\n404(1), 404(4)\n405(1)\n406(1), 406(2)\n422(2)\n423(1)\n424(1), 424(3)\n453(1), 453(2)\n454(1), 454(2)\n470(2), 470(3), 470(4), 470(5), 470(6)\n471(2)\n476(2)\n478(1), 478(2), 478(3), 478(4)\n514(3)\n516(3)\n517(4)\n528(3)\n533(7)\n534(5)\n535(5)\n553(3)\n558(1), 558(3)\n559(3), 559(4), 559(5)\n567(4)\n568(7)\n569(2), 569(7)\n570(3)\n570A\n570A(5)\n573(1)\n576C\n576C\n577(4)\n590B\n590B(2)\n699(1), 699(2)\n700(4)\n702(1), 702(3)\n703(1), 703(2)\n704(1), 704(2), 704(3)\n728(1)\n728A\n728A(1)\n729(1), 729(3)\n729A\n729A(1), 729A(2)\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Heavy Vehicle National Law (South Australia) Act 2013 \n1.8.2013\n10.2.2014 (Gazette 6.2.2014 p548) except Sch (s 84)—6.2.2016 (Gazette 4.2.2016 p367) and except Sch (Ch 2)—deleted by (199)/2018 without coming into operation\n(3)\n Heavy Vehicle National Law (South Australia) (Amendment of Law) Regulations 2015 (Gazette 15.1.2015 p316)\n—\n15.1.2015: r 2\n(1)\n Heavy Vehicle National Law (South Australia) (Amendment of Law No 2) Regulations 2016 (Gazette 14.1.2016 p61)\n—\n6.2.2016: r 2\n(79)\n Heavy Vehicle National Law (South Australia) (Amendment of Law No 3) Regulations 2017 (Gazette 7.6.2017 p2052)\n—\n1.7.2017: r 2\n Statutes Amendment (Transport Online Transactions and Other Matters) Act 2017\n10.10.2017\nPt 2 (s 4)—19.12.2017 (Gazette 19.12.2017 p5122)\n(308)\n Heavy Vehicle National Law (South Australia) (Amendment of Law No 4) Regulations 2017 (Gazette 21.11.2017 p4658)\n—\n1.10.2018: r 2\n(199)\n Heavy Vehicle National Law (South Australia) (Amendment of Law No 5) Regulations 2018 (Gazette 16.8.2018 p3113)\n—\n1.7.2018 except rr 8, 11 to 15, 24 to 26, 34 & 35—1.10.2018 immediately after (308)/2017: r 2\n(214)\n Heavy Vehicle National Law (South Australia) (Amendment of Law No 6) Regulations 2018 (Gazette 27.9.2018 p3585)\n—\n1.10.2018 immediately after regulation 8 of (199)/2018: r 2\n Statutes Amendment and Repeal (Simplify) Act 2019\nPt 22 (s 45)—3.10.2019: s 2(1)\n(12)\n Heavy Vehicle National Law (South Australia) (Amendment of Law) Regulations 2020 (Gazette 20.2.2020 p405)\n—\n28.2.2020 except Pt 2 Div 1—1.7.2021 day on which s 15 of Road Vehicle Standards Act 2018 of Commonwealth came into operation and except rr 11 & 12—uncommenced—will not be brought into operation\n(45)\nHeavy Vehicle National Law (South Australia) (Amendment of Law) Regulations 2024 (Gazette 6.6.2024 p1340)\n—\n6.6.2024: r 2\nStatutes Amendment (Transport Portfolio) Act 2024\n24.10.2024\nPt 2 (ss 4 to 8)—24.4.2025 (Gazette 24.4.2025 p774)\nProvisions amended\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\nPt 2\n\ns 8\n\ninserted by 46/2024 s 4(1)\nSupreme Court\ninserted by 46/2024 s 4(2)\ns 10\namended by 25/2019 s 45\ns 11\ndeleted by 46/2024 s 5\ns 16\n(a) deleted by 46/2024 s 6(1)\n\namended by 46/2024 s 6(2)\nss 22A and 22B\ninserted by 38/2017 s 4\n19.12.2017\ns 24\namended by 46/2024 s 7\nPt 4\n\nPt 4 Div 1 before deletion by 46/2024\n\ns 30\nwill expire: s 30(2)\n\nPt 4 Div 1\ndeleted by 46/2024 s 8\nSch—Heavy Vehicle National Law\n\nCh 1\n\nCh 1 Pt 1\n\ns 4\namended by 199/2018 r 5\nCh 1 Pt 2\n\ns 5\n\nADR\nsubstituted by 12/2020 r 5(1)\nadvice purposes\ninserted by 12/2020 r 8(1)\nAFM accreditation\namended by 1/2016 r 5(1)\nB-triple\ninserted by 1/2016 r 5(2)\nBFM accreditation\namended by 1/2016 r 5(3)\nbusiness practices\ninserted by 308/2017 r 5(1)\ncommercial consignor\ndeleted by 308/2017 r 5(2)\ncomplaint\ninserted by 308/2017 r 5(3)\ncomponent\namended by 1/2016 r 5(4)\nconditionally registered\ndeleted by 199/2018 r 6(1)\nconsign and consignor\namended by 308/2017 r 5(4)\ncontainer weight declaration\namended by 214/2018 r 5(1)\ncontract\ninserted by 308/2017 r 5(5)\ndatabase of heavy vehicles\ninserted by 199/2018 r 6(2)\ndriver fatigue compliance function\ninserted by 1/2016 r 5(5)\ndriver fatigue provision\namended by 1/2016 r 5(5)\nelectronic work diary authorised use\nelectronic work diary information\nelectronic work diary label\ndeleted by 1/2016 r 5(6)\nelectronic work diary protected information\nencourage\ninserted by 308/2017 r 5(6)\nentity\namended by 308/2017 r 5(7)\nextract\namended by 214/2018 r 5(2)\nfalse or misleading\ninserted by 308/2017 r 5(8)\nGCM\namended by 199/2018 r 6(3)\nGVM\namended by 199/2018 r 6(4)\nidentification plate\nsubstituted by 12/2020 r 5(2)\nindictable offence\ninserted by 308/2017 r 5(9)\ninformation\ninserted by 308/2017 r 5(9)\n\namended by 214/2018 r 5(3)\ninsurer\ndeleted by 199/2018 r 6(5)\nintelligent access agreement\ndeleted by 79/2017 r 5(1)\nintelligent access audit\ndeleted by 79/2017 r 5(2)\nintelligent access auditor\ndeleted by 79/2017 r 5(3)\nintelligent access conditions\ndeleted by 79/2017 r 5(4)\nintelligent access information\ndeleted by 79/2017 r 5(5)\nintelligent access program agreement\ninserted by 79/2017 r 5(1)\nintelligent access program audit\ninserted by 79/2017 r 5(2)\nintelligent access program auditor\ninserted by 79/2017 r 5(3)\nintelligent access program conditions\ninserted by 79/2017 r 5(4)\nintelligent access program information\ninserted by 79/2017 r 5(5)\nintelligent access program reporting entity\ninserted by 79/2017 r 5(6)\nintelligent access program service provider\ninserted by 79/2017 r 5(7)\nintelligent access program vehicle\ninserted by 79/2017 r 5(8)\nintelligent access reporting entity\ndeleted by 79/2017 r 5(6)\nintelligent access service provider\ndeleted by 79/2017 r 5(7)\nintelligent access vehicle\ndeleted by 79/2017 r 5(8)\njourney documentation\namended by 214/2018 r 5(4)\nloading manager\nsubstituted by 308/2017 r 5(10)\nmaintenance management accreditation\namended by 1/2016 r 5(7)\nmajor defect notice\nsubstituted by 12/2020 r 8(2)\nmanagement member\ninserted by 308/2017 r 5(11)\nmass management accreditation\namended by 1/2016 r 5(8)\nminor defect notice\nsubstituted by 12/2020 r 8(3)\nmistake of fact defence\ndeleted by 308/2017 r 5(12)\nmodification\ninserted by 1/2016 r 5(9)\nMotor Vehicle Standards Act 1989\ninserted by 12/2020 r 5(3)\nnotice\nsubstituted by 214/2018 r 5(5)\nparty in the chain of responsibility\nsubstituted by 308/2017 r 5(13)\nprohibition notice\ninserted by 214/2018 r 5(6)\npromisee\ninserted by 308/2017 r 5(14)\npublic notice\ninserted by 79/2017 r 5(9)\npublic risk\ninserted by 308/2017 r 5(15)\nreasonable steps defence\ndeleted by 308/2017 r 5(16)\nreasonably practicable\ninserted by 308/2017 r 5(17)\nrecord keeper\namended by 308/2017 r 5(18)\nregistered operator\nsubstituted by 199/2018 r 6(6)\nregistration\nsubstituted by 199/2018 r 6(7)\ninserted by 1/2016 r 5(10)\n\nsubstituted by 199/2018 r 6(8)\nregistration exemption\ndeleted by 199/2018 r 6(9)\nregistration item\nsubstituted by 199/2018 r 6(10)\n\namended by 214/2018 r 5(7)\nregistration number\nsubstituted by 199/2018 r 6(11)\nregular loading or unloading premises\namended by 308/2017 r 5(19)\nresidence\ninserted by 1/2016 r 5(11)\nroad train\namended by 1/2016 r 5(12)\nRoad Vehicle Standards Act 2018\ninserted by 12/2020 r 5(4)\nsafer freight vehicle\ninserted by 45/2024 r 5\nsafety duty\ninserted by 214/2018 r 5(8)\nsecond edition ADR\ninserted by 12/2020 r 5(5)\nself-clearing defect notice\ninserted by 12/2020 r 8(4)\ntamper\n(b)—(d) redesignated as (c)—(e) by 1/2016 r 5(13)\n\namended by 1/2016 r 5(14)\nthird edition ADR\ninserted by 12/2020 r 5(6)\ntransport activities\ninserted by 308/2017 r 5(20)\ntransport documentation\namended by 214/2018 r 5(9)\nunincorporated body\ninserted by 308/2017 r 5(21)\nunregistered heavy vehicle permit\nsubstituted by 199/2018 r 6(12)\nvehicle defect notice\nsubstituted by 12/2020 r 8(5)\nvehicle identifier\ninserted by 1/2016 r 5(15)\nvehicle register\ndeleted by 199/2018 r 6(13)\nvehicle registration duty\ndeleted by 199/2018 r 6(14)\nvehicle registration duty legislation\ndeleted by 199/2018 r 6(15)\nVIN (vehicle identification number)\ndeleted by 12/2020 r 5(7)\nVIN\ninserted by 12/2020 r 5(7)\nwrecked\ndeleted by 199/2018 r 6(16)\nwritten-off\ndeleted by 199/2018 r 6(17)\ns 6\n\ns 6(2)\namended by 199/2018 r 7\ns 14\ndeleted by 308/2017 r 6\ns 14\ninserted by 12/2020 r 6\nCh 1 Pt 3\n\ns 18\n\ns 18(1)\nsubstituted by 308/2017 r 7(1)\ns 18(1a)\ninserted by 308/2017 r 7(1)\ns 18(3a)\ninserted by 308/2017 r 7(2)\nCh 1 Pt 4\n\ns 23\n\ns 23(5a)\ninserted by 214/2018 r 6\ns 25A\ninserted by 214/2018 r 7\nCh 1A\ninserted by 308/2017 r 8\nCh 1A\n\ns 26D\n\ns 26D(1)\namended by 199/2018 r 8(1), (2)\ns 26D(2)\namended by 199/2018 r 8(2)\ns 26D(2a)\ninserted by 199/2018 r 8(3)\ns 26D(3)\n\ndue diligence\namended by 199/2018 r 8(4)\nsafety duty\ninserted by 199/2018 r 8(5)\n\ndeleted by 214/2018 r 8\nCh 2 before deletion by 199/2018\n\nCh 2 Pt 2\n\ns 33\n\ns 33(1)\namended by 308/2017 r 9 (The purported amendment to s 33(1) by r 9 is of no effect because the provision does not exist.)\n\ns 45\n\ns 45(3)\namended by 79/2017 r 6(1)\ns 45(5)\nsubstituted by 79/2017 r 6(2)\ns 45(6)\namended by 79/2017 r 6(3)\ns 46\n\ns 46(2)\nsubstituted by 79/2017 r 7(1)\ns 46(3)\ndeleted by 79/2017 r 7(1)\ns 46(6)\ndeleted by 79/2017 r 7(2)\nCh 2 Pt  4\n\ns 50\n\ns 50(1)\namended by 308/2017 r 10(1) (The purported amendment to s 50(1) by r 10(1) is of no effect because the provision does not exist.)\n\ns 50(2)\namended by 308/2017 r 10(2) (The purported amendment to s 50(2) by r 10(2) is of no effect because the provision does not exist.)\n\nCh 2\ndeleted by 199/2018 r 9\nCh 3\n\nCh 3 Pt 2\n\ns 60\n\ns 60(3)\namended by 199/2018 r 10(1)\ns 60(4)\nsubstituted by 199/2018 r 10(2)\ns 60(5)\namended by 199/2018 r 10(3)\ns 66\n\ns 66(3)\namended by 79/2017 r 8(1)\ns 66(5)\nsubstituted by 79/2017 r 8(2)\ns 66(6)\namended by 79/2017 r 8(3)\ns 67\n\ns 67(2)\nsubstituted by 79/2017 r 9\ns 67(3)\ndeleted by 79/2017 r 9\ns 73\n\ns 73(1)\namended by 12/2020 r 9\ns 81\n\ns 81(1)\namended by 1/2016 r 6(1)\ns 81(2)\namended by 1/2016 r 6(2)\ns 81(3)\namended by 1/2016 r 6(3)\ns 82\n\ns 82(3)\nsubstituted by 308/2017 r 11\ns 82(4)—(6)\ndeleted by 308/2017 r 11\ns 83\n\ns 83(3)\nsubstituted by 308/2017 r 12\ns 83(4)—(6)\ndeleted by 308/2017 r 12\nCh 3 Pt 3\n\ns 84\nsubstituted by 1/2016 r 7\nmodification\namended by 12/2020 r 7\ns 85\n\ns 85(3)\ninserted by 1/2016 r 8\ns 85(4) and (5)\ninserted by 12/2020 r 10\ns 87A\ninserted by 1/2016 r 9\ns 91\n\ns 91(5) and (6)\ndeleted by 308/2017 r 13\ns 93\n\ns 93(7) and (8)\ndeleted by 308/2017 r 14\nCh 4\n\nCh 4 Pt 1\n\ns 94\n\ns 94(2)\namended by 1/2016 r 10(1)—(3)\ns 94(3)\namended by 1/2016 r 10(4)\nCh 4 Pt 2\n\ns 95\n\ns 95(2)\namended by 214/2018 r 9\ns 96\n\ns 96(1)\namended by 308/2017 r 15(1)\ns 96(2) and (3)\ndeleted by 308/2017 r 15(2)\ns 96(5)\ninserted by 214/2018 r 10\nCh 4 Pt 3\n\ns 102\n\ns 102(1)\namended by 308/2017 r 16(1)\ns 102(2) and (3)\ndeleted by 308/2017 r 16(2)\ns 105\namended by 199/2018 r 11\nCh 4 Pt 4\n\ns 111\n\ns 111(1)\namended by 308/2017 r 17(1)\ns 111(2) and (3)\ndeleted by 308/2017 r 17(2)\ns 115\nsubstituted by 214/2018 r 11\nCh 4 Pt 5\n\ns 116\n\ns 116(4)\n\nspecial purpose vehicle\namended by 199/2018 r 12\ns 119\n\ns 119(1)\namended by 1/2016 r 11(1)\n\namended by 79/2017 r 10\ns 119(2)—(6)\nsubstituted by 1/2016 r 11(2)\ns 119(7)\ninserted by 1/2016 r 11(2)\ns 119A\ninserted by 1/2016 r 12\ns 125\n\ns 125(1)\namended by 79/2017 r 11\ns 127\n\ns 127(1)\namended by 12/2020 r 13\ns 130\n\ns 130(3)\nsubstituted by 308/2017 r 18\ns 130(4)\ndeleted by 308/2017 r 18\ns 132\n\ns 132(3)\nsubstituted by 308/2017 r 19\ns 132(4)—(6)\ndeleted by 308/2017 r 19\ns 133\n\ns 133(3)\nsubstituted by 308/2017 r 20\ns 133(4)—(6)\ndeleted by 308/2017 r 20\nCh 4 Pt 6\n\ns 136\n\ns 136(1)\ns 136 redesignated as s 136(1) by 214/2018 r 12(2)\n\namended by 214/2018 r 12(1)\ns 136(2)\ninserted by 214/2018 r 12(2)\ns 140\nsubstituted by 1/2016 r 13\ns 142\n\ns 142(2)—(6)\nsubstituted by 1/2016 r 14\ns 142(7)\ninserted by 1/2016 r 14\ns 142A\ninserted by 1/2016 r 15\ns 146\namended by 79/2017 r 12\ns 148\n\ns 148(1)\namended by 12/2020 r 14\ns 151\n\ns 151(3)\nsubstituted by 308/2017 r 21\ns 151(4)—(6)\ndeleted by 308/2017 r 21\ns 152\n\ns 152(3)\nsubstituted by 308/2017 r 22\ns 152(4)—(6)\ndeleted by 308/2017 r 22\ns 153 before deletion by 214/2018\n\ns 153(2)\nsubstituted by 308/2017 r 23\ns 153(3)—(5)\ndeleted by 308/2017 r 23\ns 153\ndeleted by 214/2018 r 13\nCh 4 Pt 6A\ninserted by 1/2016 r 16\ns 153A\n\ns 153A(2)\n\nsafer freight vehicle\ninserted by 45/2024 r 6(1)\nsingle heavy motor vehicle\ninserted by 45/2024 r 6(1)\nspecified semitrailer\ninserted by 12/2020 r 15(1)\ns 153A(3)\nsubstituted by 214/2018 r 14\n\namended by 12/2020 r 15(2), (3)\n\namended by 45/2024 r 6(2)\nCh 4 Pt 7\n\ns 154\n\nroad condition\namended by 79/2017 r 13\ns 156\nsubstituted by 214/2018 r 15\ns 156A\ninserted by 214/2018 r 15\nss 164 and 165\ndeleted by 12/2020 r 16\ns 172\n\ns 172(1)\namended by 214/2018 r 16\ns 172(2)\nsubstituted by 12/2020 r 17\ns 173\n\ns 173(3)\namended by 79/2017 r 14(1)\ns 173(5)\nsubstituted by 79/2017 r 14(2)\ns 173(7)\ndeleted by 79/2017 r 14(3)\ns 174\n\ns 174(2)\namended by 79/2017 r 15(1)\ns 174(5)\nsubstituted by 79/2017 r 15(2)\ns 174(7)\ndeleted by 79/2017 r 15(3)\ns 175\n\ns 175(2)\nsubstituted by 79/2017 r 16(1)\ns 175(3)\ndeleted by 79/2017 r 16(1)\ns 175(6)\ndeleted by 79/2017 r 16(2)\ns 175A\ninserted by 79/2017 r 17\ns 176\n\ns 176(6)\namended by 79/2017 r 18(1)\ns 176(8)\ninserted by 79/2017 r 18(2)\ns 180\n\ns 180(2)\nsubstituted by 79/2017 r 19\nCh 4 Pt 8\ndeleted by 308/2017 r 24\nCh 4 Pt 9\n\ns 186\n\ns 186(2)—(5)\nsubstituted by 308/2017 r 25(1)\ns 186(6) and (7)\ndeleted by 308/2017 r 25(1)\ns 186(9)\n\nAustralian-packed goods\nconsignment documentation\noverseas-packed goods\ns 187\n\ns 187(2) and (3)\nsubstituted by 308/2017 r 26(1)\ns 187(5) and (6)\ndeleted by 308/2017 r 26(2)\ns 189\namended by 1/2016 r 17\n\n(c) deleted by 1/2016 r 17\ns 190\n\ns 190(1)\namended by 1/2016 r 18\n\nsubstituted by 308/2017 r 27(1)\ns 190(2) and (3)\ndeleted by 308/2017 r 27(2)\ns 191\n\ns 191(1)\namended by 1/2016 r 19(1)\n\nsubstituted by 308/2017 r 28(1)\ns 191(2)\namended by 308/2017 r 28(2)\ns 191(3)\nsubstituted by 1/2016 r 19(2)\n\namended by 308/2017 r 28(3)\ns 191(4) and (5)\ndeleted by 308/2017 r 28(4)\ns 191(6)\n\nanother carrier\ninserted by 1/2016 r 19(3)\ns 192\n\ns 192(1)\nsubstituted by 308/2017 r 29(1)\ns 192(2)\namended by 1/2016 r 20\n\namended by 308/2017 r 29(2)\ns 192(3) and (4)\ndeleted by 308/2017 r 29(3)\ns 192A\ninserted by 1/2016 r 21\ns 192A(2)\namended by 199/2018 r 13\ns 193\n\ns 193(2)\nsubstituted by 308/2017 r 30\ns 193(3) and (4)\ndeleted by 308/2017 r 30\ns 194\ndeleted by 308/2017 r 31\ns 199\n\ns 199(1)\namended by 308/2017 r 32\nCh 5 before deletion by 308/2017\n\nCh 5 Pt 2\n\ns 208\n\ns 208(1)\namended by 1/2016 r 22\ns 213\namended by 1/2016 r 23\nCh 5\ndeleted by 308/2017 r 33\nCh 6\n\nCh 6 Pt 1\n\ns 221\n\nelectronic work diary\nsubstituted by 1/2016 r 24(1)\nelectronic work diary label\ndeleted by 1/2016 r 24(1)\nentry\namended by 1/2016 r 24(2)\nintelligent access program reporting entity\ninserted by 79/2017 r 20\nintelligent access reporting entity\ndeleted by 79/2017 r 20\nloading manager\namended by 308/2017 r 34(1)\nparty in the chain of responsibility\ndeleted by 308/2017 r 34(2)\nCh 6 Pt 2\n\nCh 6 Pt 2 Div 1\n\ns 227\ndeleted by 308/2017 r 35\nCh 6 Pt 2 Div 2\n\namended by 308/2017 r 36\ns 229\ndeleted by 308/2017 r 37\nCh 6 Pt 2 Div 3\nCh 6 Pt 2 Div 4 before deletion by 308/2017\n\ns 233\n\ns 233(1)\namended by 1/2016 r 25\nCh 6 Pt 2 Div 4\nCh 6 Pt 2 Divs 5—8\nCh 6 Pt 3\n\nCh 6 Pt 3 Div 1\n\ns 246\n\ns 246(1)\ninserted by 1/2016 r 26(2)\ns 246(2)\ns 246(1) redesignated as s 246(2) by 1/2016 r 26(1)\ns 246(3)\ns 246(2) redesignated as s 246(3) by 1/2016 r 26(1)\n\namended by 1/2016 r 26(3)\ns 246(4)\ns 246(3) redesignated as s 246(4) by 1/2016 r 26(1)\ns 246(5)\ns 246(4) redesignated as s 246(5) by 1/2016 r 26(1)\n\namended by 1/2016 r 26(4)\ns 246A\ninserted by 1/2016 r 27\nCh 6 Pt 3 Div 2\n\ns 249\n\ns 249(2)\namended by 1/2016 r 28(1)\ns 249(3)\ninserted by 1/2016 r 28(2)\ns 250\n\ns 250(2) and (3)\ndeleted by 308/2017 r 39\ns 251\n\ns 251(2) and (3)\ndeleted by 308/2017 r 40\nCh 6 Pt 3 Div 3\n\ns 253\n\ns 253(2)\nsubstituted by 1/2016 r 29\ns 253(3)\ninserted by 1/2016 r 29\ns 254\n\ns 254(2) and (3)\ndeleted by 308/2017 r 41\ns 256\n\ns 256(2) and (3)\ndeleted by 308/2017 r 42\nCh 6 Pt 3 Div 4\n\ns 258\n\ns 258(2) and (3)\ndeleted by 308/2017 r 43\nCh 6 Pt 3 Div 5\n\ns 260\n\ns 260(2) and (3)\ndeleted by 308/2017 r 44\nCh 6 Pt 3 Div 6\ndeleted by 308/2017 r 45\nCh 6 Pt 3 Div 7\n\ns 263\n\ns 263(3) and (4)\ndeleted by 308/2017 r 46\ns 264\n\ns 264(2)\nsubstituted by 308/2017 r 47\ns 264(3) and (4)\ndeleted by 308/2017 r 47\nCh 6 Pt 3 Div 8\n\ns 271\n\ns 271(3)\namended by 79/2017 r 21(1)\ns 271(5)\nsubstituted by 79/2017 r 21(2)\ns 271(6)\namended by 79/2017 r 21(3)\ns 272\n\ns 272(2)\nsubstituted by 79/2017 r 22(1)\ns 272(3)\ndeleted by 79/2017 r 22(1)\ns 272(6)\ndeleted by 79/2017 r 22(2)\ns 287\n\ns 287(3)\nsubstituted by 308/2017 r 48\ns 287(4)—(6)\ndeleted by 308/2017 r 48\ns 288\n\ns 288(3)\nsubstituted by 308/2017 r 49\ns 288(4)—(6)\ndeleted by 308/2017 r 49\nCh 6 Pt 4\n\nCh 6 Pt 4 Div 2\n\ns 292\n\ns 292(1)\namended by 1/2016 r 30\ns 297\n\ns 297(2)\namended by 1/2016 r 31\ns 302\namended by 1/2016 r 32\ns 305\n\ns 305(4)\namended by 1/2016 r 33\ns 307\n\ns 307(1)\namended by 1/2016 r 34(1)\ns 307(3)\ninserted by 1/2016 r 34(2)\ns 309\n\ns 309(2)\namended by 1/2016 r 35\ns 310\n\ns 310(1) and (2)\namended by 79/2017 r 23\ns 311\n\ns 311(1)\namended by 1/2016 r 36(1)\ns 311(2)\namended by 1/2016 r 36(2)—(4)\ns 311(4) and (5)\ndeleted by 308/2017 r 50\ns 312\nsubstituted by 1/2016 r 37\ns 312(3)\namended by 308/2017 r 51(1)\ns 312(5) and (6)\ndeleted by 308/2017 r 51(2)\ns 313\nsubstituted by 1/2016 r 37\ns 313(1)\namended by 79/2017 r 24\ns 313(3)\namended by 308/2017 r 52(1)\ns 313(8) and (9)\ndeleted by 308/2017 r 52(2)\ns 315\nsubstituted by 308/2017 r 53\nCh 6 Pt 4 Div 3\n\ns 319\n\ns 319(1)\namended by 308/2017 r 54(1)\n\namended by 199/2018 r 14(1), (2)\ns 319(2)\ninserted by 1/2016 r 38(2)\ns 319(3)—(6)\ns 319(2)—(5) redesignated as s 319(3)—(6) by 1/2016 r 38(1)\ns 319(4) and (5)\ndeleted by 308/2017 r 54(2)\ns 319A\ninserted by 199/2018 r 15\ns 321\n\ns 321(1)\namended by 1/2016 r 39(1)\n\namended by 308/2017 r 55(1)\ns 321(2)\ninserted by 1/2016 r 39(3)\ns 321(3)\ns 321(2) redesignated as s 321(3) by 1/2016 r 39(2)\n\namended by 308/2017 r 55(2)\ns 321(4)\ns 321(3) redesignated as s 321(4) by 1/2016 r 39(2)\n\namended by 1/2016 r 39(4)\ns 321(5) and (6)\ns 321(4), (5) redesignated as s 321(5), (6) by 1/2016 r 39(2)\n\namended by 1/2016 r 39(4)\n\ndeleted by 308/2017 r 55(3)\ns 321(7) and (8)\ns 321(6), (7) redesignated as s 321(7), (8) by 1/2016 r 39(2)\ns 322\n\ns 322(2)\namended by 308/2017 r 56(1)\ns 322(3)\nsubstituted by 1/2016 r 40\ns 322(4)\namended by 308/2017 r 56(2)\ns 322(6) and (7)\ndeleted by 308/2017 r 56(3)\ns 323\n\ns 323(2)\namended by 308/2017 r 57(1)\ns 323(3)\namended by 308/2017 r 57(2)\ns 323(4)\ninserted by 1/2016 r 41(2)\ns 323(5)\ns 323(4) redesignated as s 323(5) by 1/2016 r 41(1)\ns 323(6) and (7)\ns 323(5), (6) redesignated as s 323(6), (7) by 1/2016 r 41(1)\n\ndeleted by 308/2017 r 57(3)\ns 324\n\ns 324(2)\namended by 1/2016 r 42\n\namended by 308/2017 r 58(1)\ns 324(4) and (5)\ndeleted by 308/2017 r 58(2)\ns 324A\ninserted by 1/2016 r 43\nCh 6 Pt 4 Div 4\n\ns 325\n\ns 325(1)\namended by 308/2017 r 59\ns 326\n\nsubstituted by 1/2016 r 44\nCh 6 Pt 4 Div 5\n\ns 335\n\ns 335(3) and (4)\ndeleted by 308/2017 r 60(1)\ns 335(5)\namended by 308/2017 r 60(2)\ns 336\n\ns 336(2) and (3)\ndeleted by 308/2017 r 61\ns 336A\ninserted by 1/2016 r 45\ns 336A(3) and (4)\ndeleted by 308/2017 r 62\ns 337\n\ns 337(2)\namended by 79/2017 r 25\ns 337(3) and (4)\ndeleted by 308/2017 r 63\nCh 6 Pt 4 Div 7\n\ns 341\n\ns 341(1)\namended by 308/2017 r 64(1)\ns 341(2)\namended by 308/2017 r 64(2)\ns 341(3)\namended by 308/2017 r 64(3)\ns 341(4)\namended by 308/2017 r 64(4)\ns 341(5)\namended by 308/2017 r 64(5)\ns 341(6)\ninserted by 1/2016 r 46(2)\ns 341(7)\ninserted by 1/2016 r 46(2)\n\namended by 308/2017 r 64(6)\ns 341(8)\ns 341(6) redesignated as s 341(8) by 1/2016 r 46(1)\n\namended by 1/2016 r 46(3)\ns 341(9) and (10)\ns 341(7), (8) redesignated as s 341(9), (10) by 1/2016 r 46(1)\n\namended by 1/2016 r 46(3)\n\ndeleted by 308/2017 r 64(7)\nCh 6 Pt 4 Div 8\n\nCh 6 Pt 4 Div 8 Subdiv 1\n\ns 343(2)\n(g), (h) redesignated as (h), (i) by 1/2016 r 47(1) \n\namended by 1/2016 r 47(2)\ns 344\n\ns 344(1)\nsubstituted by 1/2016 r 48\nCh 6 Pt 4 Div 8 Subdiv 2\nsubstituted by 1/2016 r 49\nCh 6 Pt 4 Div 8 Subdiv 3\n\ns 355\n\ns 355(2) and (3)\nsubstituted by 1/2016 r 50(1)\ns 355(6)\nsubstituted by 1/2016 r 50(2)\ns 355(8)\ndeleted by 1/2016 r 50(3)\ns 355(8)\ns 355(9) redesignated as s 355(8) by 1/2016 r 50(4)\nCh 6 Pt 4 Div 9\n\ns 362\n\ns 362(3)\namended by 79/2017 r 26(1)\ns 362(5)\nsubstituted by 79/2017 r 26(2)\ns 362(7)\ndeleted by 79/2017 r 26(3)\ns 376\n\ns 376(3)\nsubstituted by 308/2017 r 65\ns 376(4)—(6)\ndeleted by 308/2017 r 65\nCh 6 Pt 4 Div 10\n\ns 382\n\ns 382(3)\namended by 79/2017 r 27(1)\ns 382(5)\nsubstituted by 79/2017 r 27(2)\ns 382(7)\ndeleted by 79/2017 r 27(3)\nCh 6 Pt 4 Div 11\n\ns 396\n\ns 396(2)\namended by 308/2017 r 66(1)\ns 396(3) and (4)\ndeleted by 308/2017 r 66(2)\ns 398\n\ns 398(3) and (4)\ndeleted by 308/2017 r 67\ns 399\n\ns 399(2)\namended by 308/2017 r 68(1)\ns 399(3) and (4)\ndeleted by 308/2017 r 68(2)\nCh 7\n\nCh 7 Pt 1\n\ns 400\n\ns 400(1)\namended by 79/2017 r 28(1), (2)\ns 400(2)\namended by 79/2017 r 28(3), (4)\ns 400(3)\namended by 79/2017 r 28(1)\ns 402\n\ns 402(1) and (2)\namended by 79/2017 r 29(1), (2)\ns 403\n\napproved intelligent transport system\nsubstituted by 79/2017 r 30(1)\nintelligent access agreement\ndeleted by 79/2017 r 30(2)\nintelligent access audit\ndeleted by 79/2017 r 30(3)\nintelligent access conditions\ndeleted by 79/2017 r 30(4)\nintelligent access information\ndeleted by 79/2017 r 30(5)\nintelligent access program agreement\ninserted by 79/2017 r 30(2)\nintelligent access program audit\ninserted by 79/2017 r 30(3)\nintelligent access program conditions\ninserted by 79/2017 r 30(4)\nintelligent access program information\ninserted by 79/2017 r 30(5)\nintelligent access program service provider\ninserted by 79/2017 r 30(6)\nintelligent access program vehicle\ninserted by 79/2017 r 30(7)\nintelligent access service provider\ndeleted by 79/2017 r 30(6)\nintelligent access vehicle\ndeleted by 79/2017 r 30(7)\nnoncompliance report\namended by 79/2017 r 30(8)\nrelevant contravention\namended by 79/2017 r 30(9)\nCh 7 Pt 2\n\namended by 79/2017 r 31\ns 404\n\ns 404(1)\namended by 79/2017 r 32(1)—(3)\n\namended by 308/2017 r 69(1)\ns 404(2)\namended by 79/2017 r 32(2)\ns 404(3)\namended by 79/2017 r 32(3), (4)\ns 404(4)\namended by 79/2017 r 32(1), (2)\n\namended by 308/2017 r 69(2)\ns 404(5)\namended by 79/2017 r 32(2)\ns 405\n\ns 405(1)\namended by 79/2017 r 33(1), (2)\n\namended by 308/2017 r 70\ns 405(2)\namended by 79/2017 r 33(2), (3)\ns 406\n\ns 406(1)\namended by 79/2017 r 34\ns 407\n\ns 407(1)\namended by 79/2017 r 35\n\namended by 308/2017 r 71\ns 407(2)\namended by 79/2017 r 35\nCh 7 Pt 3\n\namended by 79/2017 r 36\ns 408\n\ns 408(1)\namended by 79/2017 r 37\nCh 7 Pt 4\n\namended by 79/2017 r 38\ns 409\namended by 79/2017 r 39(1)—(3)\ns 410\n\ns 410(1)\namended by 79/2017 r 40(1)\n\namended by 308/2017 r 72(1)\ns 410(2)\namended by 79/2017 r 40(2)\n\namended by 308/2017 r 72(2)\ns 411\n\ns 411(1)\namended by 79/2017 r 41(1), (2)\ns 411(2)\namended by 79/2017 r 41(3)\ns 412\namended by 1/2016 r 51\n\namended by 79/2017 r 42(1), (2)\n\namended by 308/2017 r 73\n\namended by 214/2018 r 17\ns 413\n\ns 413(1)—(3)\namended by 79/2017 r 43\ns 414\n\ns 414(1) and (2)\namended by 79/2017 r 44\ns 415\n\ns 415(1)—(4)\namended by 79/2017 r 45\ns 416\namended by 1/2016 r 52\n\namended by 79/2017 r 46(1), (2)\ns 417\namended by 79/2017 r 47(1), (2)\ns 418\n\ns 418(1)\namended by 79/2017 r 48(1)—(3)\ns 418(2)—(4)\namended by 79/2017 r 48(1), (2)\ns 418(5)\namended by 79/2017 r 48(1)—(3)\ns 418(6)\namended by 79/2017 r 48(3)\ns 418(7)\namended by 79/2018 r 48(1)—(3)\ns 418(8)\namended by 79/2017 r 48(1), (2)\ns 419\n\ns 419(1)\namended by 79/2017 r 49(1)—(3)\ns 419(2)\namended by 79/2017 r 49(1), (2), (4)\ns 419(3)\namended by 79/2017 r 49(2)\ns 420\n\ns 420(1) and (2)\namended by 79/2017 r 50\ns 421\n\ns 421(1)\namended by 79/2017 r 51(1), (2)\n\nsubstituted by 308/2017 r 74\n\namended by 214/2018 r 18(1), (2)\ns 422\n\ns 422(1)\namended by 79/2017 r 52(1), (2)\ns 422(2)\namended by 79/2017 r 52(1)\ns 422(3)\namended by 79/2017 r 52(1), (2)\ns 423\n\ns 423(1)—(3)\namended by 79/2017 r 53(1)\ns 423(4)\namended by 79/2017 r 53(2)\ns 424\n\ns 424(1)—(4)\namended by 79/2017 r 54\nCh 7 Pt 5\n\ns 425\n\ns 425(1)\namended by 79/2017 r 55(1), (2)\ns 426\namended by 79/2017 r 56\ns 427\n\ns 427(1) and (2)\namended by 79/2017 r 57\n\namended by 308/2017 r 75\ns 428\namended by 1/2016 r 53\n\namended by 79/2017 r 58\n\namended by 308/2017 r 76\n\namended by 214/2018 r 19\ns 432\namended by 1/2016 r 54\n\namended by 79/2017 r 59\ns 433\n\ns 433(1) and (2)\namended by 79/2017 r 60(1)\ns 433(3)\namended by 79/2017 r 60(1), (3), (4)\ns 433(4) and (5)\namended by 79/2017 r 60(1), (2)\ns 433(6) and (7)\namended by 79/2017 r 60(1)\ns 434\namended by 79/2017 r 61\ns 435\n\ns 435(1) and (2)\namended by 79/2017 r 62\ns 437\n\ns 437(1)\namended by 79/2017 r 63\n\nsubstituted by 308/2017 r 77\n\namended by 214/2018 r 20\ns 437(2)\namended by 79/2017 r 63\nCh 7 Pt 6\n\namended by 79/2017 r 64\ns 440\nsubstituted by 79/2017 r 65\ns 441\n\ns 441(1) and (2)\namended by 79/2017 r 66(1), (2)\n\namended by 308/2017 r 78\ns 442\namended by 1/2016 r 55\n\namended by 79/2017 r 67(1), (2)\n\namended by 308/2017 r 79\n\namended by 214/2018 r 21\ns 443\n\ns 443(1) and (2)\namended by 79/2017 r 68\ns 444\n\ns 444(1) and (2)\namended by 79/2017 r 69\ns 445\n\ns 445(1)—(4)\namended by 79/2017 r 70\ns 446\namended by 1/2016 r 56\n\namended by 79/2017 r 71(1), (2)\ns 447\n\ns 447(1)\namended by 79/2017 r 72(1)—(5)\ns 447(2) and (3)\namended by 79/2017 r 72(1), (2)\ns 447(4)\namended by 79/2017 r 72(1), (2), (4)\ns 447(5)\namended by 79/2017 r 72(1), (2)\ns 448\namended by 79/2017 r 73(1), (2)\ns 449\n\ns 449(1)\namended by 79/2017 r 74(1), (2)\ns 449(2)\namended by 79/2017 r 74(2), (3)\ns 449(3)\namended by 79/2017 r 74(1)\ns 450\n\ns 450(1)\namended by 79/2017 r 75(1)—(3)\n\namended by 308/2017 r 80\n\namended by 214/2018 r 22\ns 450(2)\namended by 79/2017 r 75(1), (2)\ns 451\namended by 79/2017 r 76(1), (2)\ns 452\namended by 79/2017 r 77(1)—(3)\ns 453\n\ns 453(1) and (2)\namended by 79/2017 r 78\nCh 7 Pt 7\n\ns 454\n\ns 454(1) and (2)\namended by 79/2017 r 79\ns 455\n\ns 455(1)\namended by 79/2017 r 80(1), (2)\ns 455(2) and (3)\namended by 79/2017 r 80(1)\nCh 8\n\nCh 8 Pt 1\n\ns 457\n\nmass management system\namended by 79/2017 r 81\nCh 8 Pt 2\n\ns 458\nsubstituted by 1/2016 r 57\ns 459\n\ns 459(3)\namended by 308/2017 r 81\ns 463\n\ns 463(3)\ninserted by 1/2016 r 58\ns 466\n\ns 466(2a) and (2b)\ninserted by 79/2017 r 82\nCh 8 Pt 3\n\ns 468\n\ns 468(1)\namended by 3/2015 r 5\ns 468(3)\nsubstituted by 308/2017 r 82\ns 468(4)—(6)\ndeleted by 308/2017 r 82\ns 469\n\ns 469(1)\namended by 3/2015 r 6(1)—(3)\ns 470\n\ns 470(2)\namended by 3/2015 r 7(1)\ns 470(4)\namended by 3/2015 r 7(2)\n\n(d) deleted by 3/2015 r 7(3)\ns 470(5)\namended by 3/2015 r 7(4)\n\n(c) deleted by 3/2015 r 7(4)\ns 470(7)\namended by 3/2015 r 7(5)\nCh 9\n\nCh 9 Pt 1\n\ns 479\n\ns 479(1)\ns 479 redesignated as s 479(1) by 12/2020 r 18\ns 479(2)\ninserted by 12/2020 r 18\ns 488\namended by 1/2016 r 59\ns 490\namended by 214/2018 r 23\nCh 9 Pt 2\n\nDiv 1\n\ns 494\n\ns 494(1)\n\nrelevant place\nsubstituted by 1/2016 r 60\nresidence\ninserted by 1/2016 r 60\nDiv 1A\ninserted by 12/2020 r 19\nDiv 2\n\ns 495\n\ns 495(1)\namended by 1/2016 r 61\ns 496\n\ns 496(6A)\ninserted by 12/2020 r 20\nDiv 3\n\ns 497\n\ns 497(1)\namended by 1/2016 r 62\ns 500\n\ns 500(11)\ninserted by 12/2020 r 21\nDiv 4\n\ns 501\namended by 12/2020 r 22\nCh 9 Pt 3\n\ns 518\n\ns 518(7)\namended by 308/2017 r 83\ns 520\n\ns 520(2)\namended by 199/2018 r 16\ns 521\n\ns 521(3)\namended by 199/2018 r 17\ns 521(6)\namended by 214/2018 r 24\ns 522\n\ns 522(1)\namended by 214/2018 r 25(1)\ns 522(1a)\ninserted by 214/2018 r 25(2)\ns 522(2)\nsubstituted by 214/2018 r 25(2)\ns 522(6)\ndeleted by 199/2018 r 18\n\ninserted by 214/2018 r 25(3)\ns 525\n\ndefective vehicle label\namended by 1/2016 r 63(1)\n\namended by 12/2020 r 23\ninserted by 1/2016 r 63(2)\n\ndeleted by 199/2018 r 19\nvehicle identifier\ninserted by 1/2016 r 63(2)\ns 526\n\ns 526(1)\nsubstituted by 12/2020 r 24(1)\ns 526(2)\namended by 1/2016 r 64(1)\n\nsubstituted by 12/2020 r 24(1)\ns 526(4)\nsubstituted by 12/2020 r 24(2)\ns 526(5)—(8)\ndeleted by 1/2016 r 64(2)\ns 527\n\ns 527(1)\namended by 1/2016 r 65(1), (2)\n\namended by 199/2018 r 20\n\namended by 12/2020 r 25(1)—(4)\ns 527(2)\namended by 12/2020 r 25(5)\ns 527(4)\ninserted by 12/2020 r 25(6)\ns 528\n\ns 528(4)\namended by 1/2016 r 66\ns 528A\ninserted by 1/2016 r 67\ns 529\namended by 1/2016 r 68\n\namended by 12/2020 r 26\ns 529AA\ninserted by 12/2020 r 27\ns 529A\ninserted by 1/2016 r 69\n\nsubstituted by 12/2020 r 28\ns 529B\ninserted by 1/2016 r 69\ns 529B(1)\namended by 12/2020 r 29\ns 530\n\ns 530(1)\namended by 12/2020 r 30(1)\ns 530(2)\namended by 12/2020 r 30(2)\ns 531\n\ns 531(3)\namended by 1/2016 r 70(1)\ns 531(4)\ninserted by 1/2016 r 70(3)\ns 531(5)\ns 531(4) redesignated as s 531(5) by 1/2016 r 70(2)\nss 531A and 531B\ninserted by 79/2017 r 83\n\ndeleted by 12/2020 r 31\nCh 9 Pt 4\n\nPt 4 Div 2\n\ns 551\n\ns 551(2)\namended by 199/2018 r 21(1)\ns 551(4)\namended by 199/2018 r 21(2)\ns 556\n\ns 556(2)\namended by 308/2017 r 84\ns 557\n\ns 557(4)\namended by 308/2017 r 85\ns 558\n\ns 558(3)\namended by 308/2017 r 86\nPt 4 Div 4\n\ns 568\n\ns 568(2) and (3)\nsubstituted by 214/2018 r 26(1)\ns 568(4)\namended by 214/2018 r 26(2), (3)\ns 568(5)\namended by 214/2018 r 26(4)\ns 568(6)\nsubstituted by 214/2018 r 26(5)\ns 568(8)\namended by 214/2018 r 26(6)\ns 569\n\ns 569(1)\namended by 199/2018 r 22\n\namended by 214/2018 r 27(1)\ns 569(3)\nsubstituted by 214/2018 r 27(2)\ns 569(4)\namended by 214/2018 r 27(3)\ns 569(10)\ndeleted by 308/2017 r 87\ns 570\n\ns 570(1)\namended by 214/2018 r 28(1)\ns 570(2)\namended by 214/2018 r 28(2)\ns 570(2a)\ninserted by 214/2018 r 28(3)\ns 570(5)\namended by 214/2018 r 28(4)\ns 570(5a)\ninserted by 214/2018 r 28(5)\ns 570(6)\n\ninformation\ndeleted by 308/2017 r 88\ns 570A\ninserted by 308/2017 r 89\ns 570A(1)—(4)\nsubstituted by 214/2018 r 29(1)\ns 570A(6)\namended by 214/2018 r 29(2)\ns 570A(7)\nsubstituted by 214/2018 r 29(3)\nPt 4 Divs 5A and 5B\ninserted by 214/2018 r 30\nPt 4 Div 6\n\ns 577\n\ns 577(3)\namended by 214/2018 r 31(1)\ns 577(6)\namended by 214/2018 r 31(2)\nCh 9 Pt 5\n\ns 578\n\ns 578(1)\namended by 308/2017 r 90\ns 579\n\ns 579(2)\namended by 308/2017 r 91\nCh 9 Pt 6\n\ns 586\namended by 79/2017 r 84(1)—(4)\ns 588\n\ns 588(1)\namended by 214/2018 r 32\ns 588(2)\namended by 308/2017 r 92\nCh 10\n\nCh 10 Pt 1\n\ns 590\n\ns 590(1)\namended by 308/2017 r 93\ns 590(3)\nsubstituted by 1/2016 r 71\nCh 10 Pt 1A\ninserted by 308/2017 r 94\nCh 10 Pt 2\n\ns 592\n\ns 592(2)\n(c) deleted by 308/2017 r 95\nCh 10 Pt 3\n\nPt 3 Div 2A\ninserted by 214/2018 r 33\nPt 3 Div 4\n\ns 598\n\ns 598(5)\namended by 199/2018 r 23\nPt 3 Div 7\n\ns 611\n\ns 611(4)\namended by 308/2017 r 96\nCh 10 Pt 4\n\nCh 10 Pt 4 Divs 1 and 2\ndeleted by 308/2017 r 97\nCh 10 Pt 4 Div 3\n\nsubstituted by 308/2017 r 98\nCh 10 Pt 4 Div 4\n\ns 632A\ninserted by 308/2017 r 99\ns 634\n\ns 634(3)\namended by 308/2017 r 100(1)\ns 634(4) and (5)\ninserted by 308/2017 r 100(2)\ns 636\n\ns 636(1)\namended by 199/2018 r 24(1)\ns 636(2) and (3)\nsubstituted by 308/2017 r 101\n\ndeleted by 199/2018 r 24(2)\ns 637\n\ns 637(4)\namended by 308/2017 r 102(1)\ns 637(5) and (6)\nsubstituted by 308/2017 r 102(2)\n\ndeleted by 199/2018 r 25(1)\ns 637(8)\namended by 199/2018 r 25(2)\ns 638\n\ns 638(4)\namended by 308/2017 r 103(1)\ns 638(5) and (6)\nsubstituted by 308/2017 r 103(2)\n\ndeleted by 199/2018 r 26(1)\ns 638(8)\namended by 199/2018 r 26(2)\ns 638(10)\ndeleted by 308/2017 r 103(3)\nCh 11\n\ns 641\n\ns 641(2)\namended by 12/2020 r 32(1)\ns 641(5)\namended by 12/2020 r 32(2)\ns 641(6)\nsubstituted by 12/2020 r 32(3)\ns 641(6A)\ninserted by 12/2020 r 32(3)\ns 641(8)\n\ndecision notice\ninserted by 12/2020 r 32(4)\ndissatisfied person\namended by 214/2018 r 34\nCh 12\n\nCh 12 Pt 1\n\ns 653\n\ns 653(1)\n(a) deleted by 199/2018 r 27\n\namended by 214/2018 r 35\ns 655A\ninserted by 79/2017 r 85\nCh 12 Pt 2\n\ns 658\n\ns 658(2)\namended by 199/2018 r 28\ns 659\n\ns 659(2)\namended by 199/2018 r 29\n\namended by 12/2020 r 33\ns 660\n\ns 660(2)\namended by 199/2018 r 30(1)\ns 660(4)\ninserted by 199/2018 r 30(2)\nCh 12 Pt 2A\ninserted by 199/2018 r 31\nCh 12 Pt 3\n\ns 688\n\ns 688(2)\nsubstituted by 199/2018 r 32\ns 688(3)\ndeleted by 199/2018 r 32\ns 698A\ninserted by 12/2020 r 34\nCh 13\n\nCh 13 Pt 1\n\ns 701\n\ns 701(1)\namended by 308/2017 r 104(1)\ns 701(2)\namended by 308/2017 r 104(2)\ns 702\n\ns 702(1)\namended by 308/2017 r 105(1)\ns 702(3)\namended by 308/2017 r 105(2), (3)\ns 704\n\ns 704(1)\nsubstituted by 1/2016 r 72(1)\ns 704(2)\namended by 1/2016 r 72(2)\ns 704(3)\namended by 1/2016 r 72(3)\ns 704(4)\n\nheavy vehicle authority\namended by 1/2016 r 72(4)\nCh 13 Pt 3\n\nPt 3 Div 1\n\ns 707\nsubstituted by 308/2017 r 106\ns 707A\ninserted by 308/2017 r 106\nPt 3 Div 2\n\ns 710\n\ns 710(3)\ndeleted by 308/2017 r 107\ns 711\n\ns 711(1)\n(a) to (d) deleted by 199/2018 r 33(1)\n\namended by 199/2018 r 33(2)\ns 721\n\ns 721(1)\namended by 79/2017 r 86(1), (2)\ns 725\n\ns 725(2)\n(a), (b) redesignated as (b), (c) by 1/2016 r 73(1)\n\namended by 1/2016 r 73(2)\ns 726A\ninserted by 308/2017 r 108\nss 726B and 726C\ninserted by 214/2018 r 36\nPt 3 Div 3\ninserted by 214/2018 r 37\nCh 13 Pt 4\n\ns 727\n\ns 727(1)\n\ndriver fatigue compliance function\ndriver fatigue provision\n\namended by 214/2018 r 38(1), (2)\nelectronic work diary authorised use\nelectronic work diary information\nelectronic work diary protected information\n\namended by 214/2018 r 38(3)\nprotected information\namended by 1/2016 r 74(2)\n\namended by 79/2017 r 87\ns 727(2)\nsubstituted by 1/2016 r 74(3)\ns 727(3)\ninserted by 1/2016 r 74(5)\ns 727(4)\ns 727(3) redesignated as s 727(4) by 1/2016 r 74(4)\n\namended by 1/2016 r 74(6)\ns 728\n\namended by 1/2016 r 75\ns 728A\ninserted by 1/2016 r 76\nss 729A and 729B\ninserted by 1/2016 r 77\ns 730\n\ns 730(3)\namended by 214/2018 r 39\nCh 13 Pt 6\n\ns 735A\ninserted by 308/2017 r 109\ns 737\n\ns 737(2a)\ninserted by 214/2018 r 40\ns 737A\ninserted by 199/2018 r 34\ns 740A\ninserted by 79/2017 r 88\ns 742\n\ns 742(4)\ndeleted by 308/2017 r 110\nCh 14\n\nCh 14 Pt 2\n\ns 748\n\ns 748(8) and (9)\ninserted by 1/2016 r 78\ns 750\n\ns 750(4)\nsubstituted by 214/2018 r 41\nCh 14 Pt 3\ninserted by 1/2016 r 79\nCh 14 Pt 4\ninserted by 79/2017 r 89\nSch 3\n\nPt 2\namended by 214/2018 r 42(1)\nPt 3\namended by 214/2018 r 42(2)\nSch 4\namended by 1/2016 r 80(1)—(7)\n\nsubstituted by 308/2017 r 111\n\namended by 199/2018 r 35(1), (2)\n\namended by 214/2018 r 43(1), (2)\n\namended by 12/2020 r 35(1), (2)\nHistorical versions\n\n19.12.2017\n\n","sortOrder":43}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original intent was to create uniform national heavy vehicle regulation across participating states and territories. Over time, the scope has expanded significantly — most notably through the 2018 'Chain of Responsibility' amendments, which broadened liability far beyond drivers and operators to encompass the entire supply chain, including consignors, consignees, packers, and loaders. This represented a material expansion from road safety compliance into broader industrial and commercial conduct obligations."},"complexity_factors":["Intergovernmental cooperative legislative scheme — SA adopts a 'national law' template shared across multiple jurisdictions, creating cross-jurisdictional interpretation issues","Broad 'chain of responsibility' provisions extend liability across multiple parties in a supply chain, not just the person directly committing an act","Fatigue management framework includes multiple regulatory tiers (standard hours, basic fatigue management, advanced fatigue management) with different compliance obligations","Interaction with Commonwealth, state, and territory road transport regulations creates a complex multi-layered regulatory environment","Technical definitions (mass, dimension, axle configurations) require specialist knowledge to apply correctly","Enforcement powers span multiple agencies including police and the National Heavy Vehicle Regulator (NHVR)","Frequent amendments at the national template level flow through to the SA version, making currency of the law difficult to track","Penalties and infringement structures are tiered and context-dependent, requiring careful reading to determine applicable consequences"],"plain_english_summary":"The Heavy Vehicle National Law (South Australia) Act 2013 adopts the national framework regulating trucks, buses and other heavy vehicles. It sets rules on loading, mass/dimensions, fatigue, vehicle standards and gives enforcement powers, while extending legal accountability across the supply chain (not just drivers). It affects drivers, operators, consignors, loaders and other freight participants and aims to improve road safety."},"kimi_summary":{"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a national scheme adoption Act. While the document shows substantial content including the full Schedule of the Heavy Vehicle National Law, this reflects the nature of cooperative federalism legislation where South Australia applies a national template law. The scope remains focused on heavy vehicle regulation, safety, and national consistency as originally intended."},"complexity_factors":["Extensive cross-referencing between the South Australian application Act and the national Schedule law, with modifications and adaptations specified in multiple divisions","47+ defined terms in the interpretation section alone, with many more defined throughout the Schedule","Nested conditional logic with multiple tiers of exemptions, permits, and authorisations (e.g., vehicle standards exemptions by Gazette notice vs permit, each with different conditions and procedures)","Complex fatigue management provisions with four different work/rest hour schemes (Standard, BFM, AFM, and Exemption hours), each with specific counting rules, defences, and record-keeping requirements","Multiple overlapping enforcement mechanisms including improvement notices, prohibition notices, infringement notices, embargo notices, and supervisory intervention orders","Intricate delegation and appointment structures involving the Regulator, Board, authorised officers, police officers, road managers, and road authorities","Extensive evidentiary provisions with specific certificate requirements and presumptions","Savings and transitional provisions that preserve former legislation operations while establishing new frameworks","Modification provisions that allow the Governor to amend the Schedule to maintain national consistency with Queensland's version of the law","Complex interaction with other legislation including explicit exclusions of certain South Australian Acts (Freedom of Information, Public Finance, etc.) while preserving others"],"plain_english_summary":"This legislation is South Australia's adoption of the Heavy Vehicle National Law (HVNL), creating a unified national scheme for regulating trucks, buses, and other heavy vehicles on roads. It replaces previous state-specific laws with a single set of rules that apply across multiple Australian states and territories.\n\n**What it does:**\n- **Establishes national standards** for heavy vehicle safety, including vehicle standards, mass limits, dimension limits, and load securing requirements\n- **Regulates driver fatigue** through mandatory work and rest hours, requiring drivers to keep work diaries or use electronic recording devices to track their driving time\n- **Creates the National Heavy Vehicle Regulator** (NHVR) - a national body that administers the scheme, grants permits and exemptions, and enforces compliance\n- **Sets up an accreditation system** allowing operators who meet high safety standards to access more flexible arrangements (like driving longer hours under fatigue management accreditation)\n- **Provides enforcement powers** including vehicle inspections, defect notices, improvement notices, and penalties for breaches\n- **Establishes the Intelligent Access Program** - a GPS-based system that monitors heavy vehicle movements to ensure compliance with permit conditions\n\n**Who it affects:**\n- **Truck drivers and bus drivers** operating heavy vehicles (generally vehicles over 4.5 tonnes)\n- **Transport operators and companies** that own or operate heavy vehicle fleets\n- **Employers and schedulers** who arrange drivers' work (they have legal duties to ensure drivers don't break fatigue laws)\n- **Road managers** (councils and state road authorities) who control access to roads\n- **Mechanics and vehicle examiners** who certify vehicle modifications\n- **Freight companies** involved in container transport (subject to specific weight declaration requirements)\n\n**Why it matters:**\nBefore this law, each state had different rules for heavy vehicles, creating a complex patchwork that made interstate transport difficult and expensive. This national scheme reduces red tape while maintaining safety standards. It introduces a \"chain of responsibility\" concept - meaning not just drivers, but everyone in the supply chain (schedulers, loaders, operators) can be held legally responsible for safety breaches. The law balances safety with productivity by allowing accredited operators to access higher productivity vehicles and more flexible arrangements if they demonstrate good safety management."}},"importantCases":[],"_links":{"self":"/api/acts/heavy-vehicle-national-law-south-australia-act-2013","history":"/api/acts/heavy-vehicle-national-law-south-australia-act-2013/history","analysis":"/api/acts/heavy-vehicle-national-law-south-australia-act-2013/analysis","conflicts":"/api/acts/heavy-vehicle-national-law-south-australia-act-2013/conflicts","importantCases":"/api/acts/heavy-vehicle-national-law-south-australia-act-2013/important-cases","documents":"/api/acts/heavy-vehicle-national-law-south-australia-act-2013/documents"}}