QLDIn ForceAct
Heavy Vehicle National Law Act 2012
sec.405Advising vehicle driver of collection of information by intelligent access program service provider
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### sec.405 Advising vehicle driver of collection of information by intelligent access program service provider
The operator of an intelligent access program vehicle must, unless the operator has a reasonable excuse, ensure the vehicle’s driver is given the following information before the vehicle begins a journey—
that the vehicle will be monitored by an intelligent access program service provider;
that this Chapter provides for the collection of information by the intelligent access program service provider;
the information that will be collected by the intelligent access program service provider;
the purposes for which the information will be collected;
the entities to whom the information collected may be disclosed;
that, under this Chapter, the driver has rights of access to personal information or to have personal information changed to ensure it is accurate, complete and up to date;
how the rights mentioned in paragraph (f) can be exercised;
the name and address of the intelligent access program service provider.
Maximum penalty—$6000.
The operator of an intelligent access program vehicle is taken to comply with subsection (1) if the operator—
gives the intelligent access program vehicle’s driver a notice stating the information mentioned in the subsection, including, for example, by placing it in the vehicle’s driving cabin in a clearly visible position; or
includes the information mentioned in the subsection in a written contract of employment between the operator and the intelligent access program vehicle’s driver.
The national regulations may prescribe—
a form of notice that may be used under subsection (2) (a) ; and
for the purposes of subsection (2) (b) , a standard form of words that may be used as part of a written contract of employment.
sch s 405 amd 2016 No. 65 ss 72, 139
(sec.405-ssec.1) The operator of an intelligent access program vehicle must, unless the operator has a reasonable excuse, ensure the vehicle’s driver is given the following information before the vehicle begins a journey— that the vehicle will be monitored by an intelligent access program service provider; that this Chapter provides for the collection of information by the intelligent access program service provider; the information that will be collected by the intelligent access program service provider; the purposes for which the information will be collected; the entities to whom the information collected may be disclosed; that, under this Chapter, the driver has rights of access to personal information or to have personal information changed to ensure it is accurate, complete and up to date; how the rights mentioned in paragraph (f) can be exercised; the name and address of the intelligent access program service provider. Maximum penalty—$6000.
(sec.405-ssec.2) The operator of an intelligent access program vehicle is taken to comply with subsection (1) if the operator— gives the intelligent access program vehicle’s driver a notice stating the information mentioned in the subsection, including, for example, by placing it in the vehicle’s driving cabin in a clearly visible position; or includes the information mentioned in the subsection in a written contract of employment between the operator and the intelligent access program vehicle’s driver.
(sec.405-ssec.3) The national regulations may prescribe— a form of notice that may be used under subsection (2) (a) ; and for the purposes of subsection (2) (b) , a standard form of words that may be used as part of a written contract of employment.
- (a) that the vehicle will be monitored by an intelligent access program service provider;
- (b) that this Chapter provides for the collection of information by the intelligent access program service provider;
- (c) the information that will be collected by the intelligent access program service provider;
- (d) the purposes for which the information will be collected;
- (e) the entities to whom the information collected may be disclosed;
- (f) that, under this Chapter, the driver has rights of access to personal information or to have personal information changed to ensure it is accurate, complete and up to date;
- (g) how the rights mentioned in paragraph (f) can be exercised;
- (h) the name and address of the intelligent access program service provider.
- (a) gives the intelligent access program vehicle’s driver a notice stating the information mentioned in the subsection, including, for example, by placing it in the vehicle’s driving cabin in a clearly visible position; or
- (b) includes the information mentioned in the subsection in a written contract of employment between the operator and the intelligent access program vehicle’s driver.
- (a) a form of notice that may be used under subsection (2) (a) ; and
- (b) for the purposes of subsection (2) (b) , a standard form of words that may be used as part of a written contract of employment.