HEAVY VEHICLE NATIONAL LAW (ACT)
727Definitions for Pt 13.4
Start here
Get a plain-English read of 727
Turn the raw legal text into a practical explanation grounded in HEAVY VEHICLE NATIONAL LAW (ACT).
727 Definitions for Pt 13.4 (1) In this Part— authorised use, for protected information, means— (a) use by a person— (i) in the exercise of a function under this Law; or (ii) where use of the information is required or authorised under this Law (whether explicitly or by implication); or (b) use by a public authority or law enforcement agency— (i) for the administration or enforcement of a law or the exercise of another function of the authority or agency, including, for example, investigating a contravention or suspected contravention of a law; or (ii) if a law authorises, requires or permits the disclosure of the information to, and the use of the information by, the authority or agency; or (c) use by a court or tribunal in a proceeding under an Australian road law; or (d) use by a court or tribunal if an order of the court or tribunal requires the disclosure of the information to the court or tribunal; or (e) an activity associated with preventing or minimising— (i) a risk of danger to the life of a person; or (ii) a risk of serious harm to the health of a person; or (iii) a risk to public safety; or
(f) a use authorised by the person to whom the information relates; or (g) research purposes if the information contains no personal (h) use by an entity (whether public or private) in connection with road tolls; or (i) use by an entity (whether public or private) in connection with the administration of third party insurance legislation; or (j) use by an entity (whether public or private) for the purpose of determining the registration status of a heavy vehicle; or (k) a use required or authorised under a relevant law of a participating jurisdiction; or (l) a use prescribed by the national regulations; or (m) a use referred to in subsection (2). driver fatigue compliance function means a function exercised for the purpose of— (a) the administration or enforcement of a driver fatigue provision; or (b) education, evaluation and similar activities supporting administration or enforcement of a driver fatigue provision. driver fatigue provision means any of the following— (aa) Chapter 1A to the extent the Chapter relates to driver fatigue; (a) Chapter 6; (b) Chapter 8 to the extent the Chapter relates to BFM accreditation or AFM accreditation; (c) Division 8 of Part 9.3;
(d) Chapter 9, other than Division 8 of Part 9.3, to the extent the Chapter applies to the enforcement of provisions mentioned in paragraphs (aa), (a) and (b). electronic work diary authorised use, for electronic work diary protected information, means— (a) use by a person— (i) in the exercise of a driver fatigue compliance function; or (ii) not in the exercise of a driver fatigue compliance function but authorised under a warrant mentioned in section 729B; or (b) use by a person in the exercise of a function under another law if a warrant issued by a judge or magistrate under the other law or a different law authorises or permits the use of the information by the person; or (c) use by a court or tribunal in a proceeding under an Australian road law; or (d) use by a court or tribunal if an order of the court or tribunal requires the disclosure of the information to the court or tribunal; or (e) research purposes if the information contains no personal (f) use prescribed by the national regulations; or (g) use referred to in subsection (3). electronic work diary information means information generated, recorded, stored, displayed, analysed, transmitted or reported by an approved electronic recording system that constitutes an electronic work diary, or of which an electronic work diary is a part.