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Heavy Vehicle National Law Act 2012
sec.26APrinciple of shared responsibility
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### sec.26A Principle of shared responsibility
The safety of transport activities relating to a heavy vehicle is the shared responsibility of each party in the chain of responsibility for the vehicle.
The level and nature of a party’s responsibility for a transport activity depends on—
the functions the person performs or is required to perform, whether exclusively or occasionally, rather than—
the person’s job title; or
the person’s functions described in a written contract; and
the nature of the public risk created by the carrying out of the transport activity; and
the party’s capacity to control, eliminate or minimise the risk.
sch s 26A ins 2016 No. 65 s 10
(sec.26A-ssec.1) The safety of transport activities relating to a heavy vehicle is the shared responsibility of each party in the chain of responsibility for the vehicle.
(sec.26A-ssec.2) The level and nature of a party’s responsibility for a transport activity depends on— the functions the person performs or is required to perform, whether exclusively or occasionally, rather than— the person’s job title; or the person’s functions described in a written contract; and the nature of the public risk created by the carrying out of the transport activity; and the party’s capacity to control, eliminate or minimise the risk.
- (a) the functions the person performs or is required to perform, whether exclusively or occasionally, rather than— (i) the person’s job title; or (ii) the person’s functions described in a written contract; and
- (i) the person’s job title; or
- (ii) the person’s functions described in a written contract; and
- (b) the nature of the public risk created by the carrying out of the transport activity; and
- (c) the party’s capacity to control, eliminate or minimise the risk.
- (i) the person’s job title; or
- (ii) the person’s functions described in a written contract; and