Heavy Vehicle National Law (ACT) Act 2013

The Heavy Vehicle National Law (ACT) Act 2013 applies the Heavy Vehicle National Law (HVNL) as a territory law in the Australian Capital Territory, with specified local modifications (see s 7 and sch 1). Mechanically the Act imports the text of the HVNL set out in the schedule to the Queensland Act (Heavy Vehicle National Law Act 2012 (Qld)), declares how various generic terms and institutions are to be read for the ACT context, and makes targeted ACT-specific additions and evidentiary modifications (see s 7; sch 1, cls [1.3], [1.4], [1.5], [1.6], [1.7], [1.9], [1.10], [1.31]). The Act also sets out which ACT laws do and do not apply to HVNL bodies (for example the Regulator and the Board), clarifies enforcement powers, and creates procedural and evidential rules for proceedings under the HVNL as applied in the Territory.

The Act expressly makes the Criminal Code (ACT) apply to offences against the HVNL (s 6). It declares certain local authorities and roles , for example the road transport authority, the Minister responsible for the Act, police officers and magistrates , to fulfil specified functions under the HVNL (see s 11-19). It excludes the Legislation Act from applying to the national law as a whole but continues to apply specified parts of the Legislation Act to national regulations subject to adjustments (s 8). The Act also contains an information‑sharing provision authorising the road transport authority to give information (including information given in confidence) and assistance to the Regulator and to permit further disclosure (s 29). The Act sets the evidentiary framework for matters such as speed evidence, admissibility of certificates, and evidence of contents of documents examined by authorised officers (sch 1, new ss 709A, 715A, and amendments to ss 710-712 and 711), and it introduces court powers relating to driver licence sanctions (sch 1, new s 598A).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Heavy Vehicle National Law (ACT) Act 2013 A2013-51 Republication No 13 Effective: 27 April 2022 Republication date: 27 April 2022 Last amendment made by A2022-5

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Heavy Vehicle National Law (ACT) Act 2013 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 27 April 2022. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 27 April 2022. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R13 27/04/22 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Heavy Vehicle National Law (ACT) Act 2013 Contents Page Part 1 Preliminary 1 Name of Act 2 3 Dictionary 2 4 Terms used in Heavy Vehicle National Law (ACT) 2 5 Notes 2 6 Offences against Heavy Vehicle National Law (ACT)—application of Criminal Code 3 Part 2 Application of Heavy Vehicle National Law Division 2.1 General 7 Application of Heavy Vehicle National Law 4 8 Exclusion of Legislation Act 4 9 Exclusion of other territory laws 5

Contents Page contents 2 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 R13 27/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 2.2 Definitions and declarations for Heavy Vehicle National Law (ACT) 10 Definitions of generic terms 6 11 Authorised officer—the Law, s 5 6 12 Authorised warrant official—the Law, s 5 6 13 Infringement notice offences law—the Law, s 5 6 14 Relevant tribunal or court—the Law, s 5 7 15 Review of decision by ACAT 7 16 Responsible Minister—the Law, s 5 7 17 Road authority—the Law, s 5 7 18 Road manager—the Law, s 5 8 19 Road Rules—the Law, s 5 8 20 Meaning of road and road-related area—the Law, s 8 (3) 8 21 Offences for which person charged does not have benefit of mistake of fact defence—the Law, s 14 9 22 Primary WHS law—the Law, s 18 (4) 9 23 Meaning of police agency—the Law, s 727 (1) 9 24 Meaning of relevant law—the Law, s 727 (1) 9 Part 3 ACT-specific provisions 25 Use of force against people—the Law, s 491 11 26 Use of force against property—the Law, s 492 11 27 Amendment or withdrawal of vehicle defect notices—the Law, s 531 11 28 Power to seize certain things—the Law, s 552 11 Part 4 Miscellaneous 29 Provision of information and assistance to Regulator by road transport authority 12 30 Regulation-making power 13 Schedule 1 Modification—Heavy Vehicle National Law (ACT) 14 Dictionary 21

Contents Page R13 27/04/22 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes 22 2 Abbreviation key 22 3 Legislation history 23 4 Amendment history 25 5 Earlier republications 27 6 Expired transitional or validating provisions 29

R13 27/04/22 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Heavy Vehicle National Law (ACT) Act 2013 An Act to apply a national law relating to the regulation of the use of heavy vehicles, and for other purposes

Part 1 Preliminary Section 1 page 2 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 R13 27/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Heavy Vehicle National Law (ACT) Act 2013. 3 Dictionary (1) The dictionary at the end of this Act is part of this Act. (2) A definition in the dictionary applies to the local application provisions of this Act. Note The dictionary at the end of this Act defines certain terms used in this Act. 4 Terms used in Heavy Vehicle National Law (ACT) Terms used in the local application provisions of this Act and also in the Heavy Vehicle National Law (ACT) have the same meanings in those provisions as they have in that Law. Note A definition in an Act applies except so far as the contrary intention appears (see Legislation Act, s 155). 5 Notes A note included in the local application provisions of this Act is explanatory and is not part of those provisions. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1 Section 6 R13 27/04/22 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6 Offences against Heavy Vehicle National Law (ACT)— application of Criminal Code The Criminal Code applies in relation to offences against the Heavy Vehicle National Law (ACT) subject to section 21 (Offences for which person charged does not have benefit of mistake of fact defence—the Law, s 14). Note Criminal Code The Criminal Code, ch 2 applies to all offences against the Heavy Vehicle National Law (ACT) (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Part 2 Application of Heavy Vehicle National Law Division 2.1 General Section 7 page 4 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 R13 27/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Application of Heavy Vehicle National Law Division 2.1 General 7 Application of Heavy Vehicle National Law The Heavy Vehicle National Law set out in the schedule to the Queensland Act, as amended from time to time— (a) applies as a territory law, as modified by schedule 1; and (b) as so applying may be referred to as the Heavy Vehicle National Law (ACT); and (c) so applies as if it were part of this Act. Note Some chapters of the Heavy Vehicle National Law (ACT) have a delayed application (see this Act, pt 5). 8 Exclusion of Legislation Act (1) The Legislation Act does not apply to the Heavy Vehicle National Law (ACT). (2) However, the Legislation Act, chapter 7 (Presentation, amendment and disallowance of subordinate laws and disallowable instruments) applies to a national regulation as if— (a) a reference to a subordinate law were a reference to a national regulation; and (b) a reference in the Legislation Act, section 64 (1) (Presentation of subordinate laws and disallowable instruments) to— (i) ‘6 sitting days’ were a reference to ‘20 sitting days’; and (ii) ‘notification day’ were a reference to ‘published’ as mentioned in the Heavy Vehicle National Law (ACT), section 733 (1) (Publication of national regulations); and

Application of Heavy Vehicle National Law Part 2 General Division 2.1 Section 9 R13 27/04/22 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) any other necessary changes were made. (3) Also, the Legislation Act, section 104 (References to laws include references to instruments under laws) and section 191 (Offences against 2 or more laws) apply to the Heavy Vehicle National Law (ACT) as if that Law were an Act. (4) This section does not limit the application of the Legislation Act to the local application provisions of this Act. 9 Exclusion of other territory laws (1) The following territory laws do not apply to the Regulator and the Board: (a) the Annual Reports (Government Agencies) Act 2004; (b) the Financial Management Act 1996; (c) the Freedom of Information Act 2016; (d) the Government Procurement Act 2001; (e) the Information Privacy Act 2014; (f) the Public Interest Disclosure Act 2012; (g) the Public Sector Management Act 1994; (h) the Territory Records Act 2002. (2) However, if a function of the Regulator or the Board under the Heavy Vehicle National Law (ACT) is exercised by an entity that would, apart from subsection (1), be subject to a law mentioned in that subsection, the law applies to the entity. Example The Regulator has an agreement mentioned in the Heavy Vehicle National Law (ACT), s 658 (2) (a) with an ACT entity. The entity is a territory authority. The Financial Management Act 1996 applies to territory authorities. Therefore, the entity must comply with that Act when doing things under the agreement.

Part 2 Application of Heavy Vehicle National Law Division 2.2 Definitions and declarations for Heavy Vehicle National Law (ACT) Section 10 page 6 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 R13 27/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The Auditor-General Act 1996 does not apply to the Heavy Vehicle National Law (ACT) except to the extent that the Law applies to the auditor-general in carrying out an audit as required by a national regulation under the Law, section 693 (3) (b) (Annual report). Division 2.2 Definitions and declarations for Heavy Vehicle National Law (ACT) 10 Definitions of generic terms In the Heavy Vehicle National Law (ACT): police commissioner means the chief police officer. police officer means a police officer. Note The Legislation Act, dict, pt 1 defines police officer as a member or special member of the Australian Federal Police. this jurisdiction means the ACT. 11 Authorised officer—the Law, s 5 A police officer is declared to be an authorised officer for the Heavy Vehicle National Law (ACT). 12 Authorised warrant official—the Law, s 5 A magistrate is declared to be an authorised warrant official for the ACT for the Heavy Vehicle National Law (ACT). 13 Infringement notice offences law—the Law, s 5 The Road Transport (General) Act 1999 is declared to be the Infringement Notice Offences Law for the Heavy Vehicle National Law (ACT).

Application of Heavy Vehicle National Law Part 2 Definitions and declarations for Heavy Vehicle National Law (ACT) Division 2.2 Section 14 R13 27/04/22 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 14 Relevant tribunal or court—the Law, s 5 (1) The Magistrates Court is declared to be the relevant tribunal or court for the ACT for the following provisions of the Heavy Vehicle National Law (ACT): (a) section 556 (Return of seized things or samples); (b) section 560 (Withdrawal of embargo notice); (c) section 565 (Third party protection). (2) Any court or tribunal is declared to be the relevant tribunal or court for the ACT for the Heavy Vehicle National Law (ACT), section 727 (1), definition of protected information, paragraph (b) (iii). (3) The ACAT is declared to be the relevant tribunal or court for the ACT for the remaining provisions of the Heavy Vehicle National Law (ACT). 15 Review of decision by ACAT A reference in the Heavy Vehicle National Law (ACT) to an appeal against a decision is, for an appeal to the ACAT as the relevant tribunal or court, a reference to a review of the decision under the ACT Civil and Administrative Tribunal Act 2008. 16 Responsible Minister—the Law, s 5 The Minister responsible for administering this Act is nominated as the responsible Minister for the Heavy Vehicle National Law (ACT). 17 Road authority—the Law, s 5 The road transport authority is declared to be the road authority for the ACT for the Heavy Vehicle National Law (ACT).

Part 2 Application of Heavy Vehicle National Law Division 2.2 Definitions and declarations for Heavy Vehicle National Law (ACT) Section 18 page 8 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 R13 27/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 18 Road manager—the Law, s 5 The road transport authority is declared to be the road manager for a road for the Heavy Vehicle National Law (ACT). 19 Road Rules—the Law, s 5 The Road Transport (Road Rules) Regulation 2017 is declared to be the Road Rules for the Heavy Vehicle National Law (ACT). 20 Meaning of road and road-related area—the Law, s 8 (3) (1) This section applies if an instrument under the Road Transport (General) Act 1999, section 12 (1) (a) (Power to include or exclude areas in road transport legislation) is in force. (2) If the instrument declares that the road transport legislation applies to an area that is open to or used by the public, the area is declared to be a road-related area for the Heavy Vehicle National Law (ACT). (3) If the instrument declares that the road transport legislation does not apply to a road or road related area (within the meaning of the Road Transport (General) Act 1999), the road or road related area is taken not to be a road or road-related area for the Heavy Vehicle National Law (ACT). (4) In this section: road transport legislation—see the Road Transport (General) Act 1999, section 6.

Application of Heavy Vehicle National Law Part 2 Definitions and declarations for Heavy Vehicle National Law (ACT) Division 2.2 Section 21 R13 27/04/22 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 21 Offences for which person charged does not have benefit of mistake of fact defence—the Law, s 14 (1) Subsection (2) declares the effect of a provision of the Heavy Vehicle National Law (ACT) that states that a person charged with an offence does not have the benefit of the mistake of fact defence for the offence. (2) The defence mentioned in the Criminal Code, section 35 (Mistake or ignorance of fact—fault elements other than negligence) or section 36 (Mistake of fact—strict liability) does not apply to the person in relation to the offence. 22 Primary WHS law—the Law, s 18 (4) The Work Health and Safety Act 2011 is declared to be the primary WHS Law for the Heavy Vehicle National Law (ACT). 23 Meaning of police agency—the Law, s 727 (1) The Australian Federal Police exercising functions under the Australian Federal Police Act 1979 (Cwlth), section 8 (1) (a) is an entity for the Heavy Vehicle National Law (ACT), section 727 (1), definition of police agency. 24 Meaning of relevant law—the Law, s 727 (1) The following territory laws are specified for the Heavy Vehicle National Law (ACT), section 727 (1), definition of relevant law: (a) the Motor Accident Injuries Act 2019; (b) the Road Transport (Alcohol and Drugs) Act 1977; (c) the Road Transport (Driver Licensing) Act 1999; (d) the Road Transport (General) Act 1999; (e) the Road Transport (Public Passenger Services) Act 2001; (f) the Road Transport (Safety and Traffic Management) Act 1999;

Part 2 Application of Heavy Vehicle National Law Division 2.2 Definitions and declarations for Heavy Vehicle National Law (ACT) Section 24 page 10 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 R13 27/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (g) the Road Transport (Vehicle Registration) Act 1999; (h) any other territory law prescribed by regulation. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

ACT-specific provisions Part 3 Section 25 R13 27/04/22 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 ACT-specific provisions 25 Use of force against people—the Law, s 491 A police officer is authorised to use reasonable force against a person in the exercise or purported exercise of a function under the Heavy Vehicle National Law (ACT), chapter 9 (Enforcement). 26 Use of force against property—the Law, s 492 An authorised officer is authorised to use reasonable force against property in the exercise or purported exercise of a function under the Heavy Vehicle National Law (ACT), chapter 9 (Enforcement). 27 Amendment or withdrawal of vehicle defect notices—the Law, s 531 An authorised officer who is a police officer of another jurisdiction may amend or withdraw a vehicle defect notice issued in the ACT by a police officer. 28 Power to seize certain things—the Law, s 552 (1) An authorised officer may impound or seize an excluded thing under the Heavy Vehicle National Law (ACT), chapter 9 (Enforcement) as if it were a thing that may otherwise be seized under chapter 9. Note A similar power under the Crimes Act 1900, pt 10 (Criminal investigation) may be used instead (see that Act, s 186). (2) In this section: excluded thing means— (a) a heavy vehicle; or (b) a thing mentioned in the Heavy Vehicle National Law (ACT), section 552 (1) (b).

Part 4 Miscellaneous Section 29 page 12 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 R13 27/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Miscellaneous 29 Provision of information and assistance to Regulator by road transport authority (1) Despite any other territory law, the road transport authority is authorised, on its own initiative or at the request of the Regulator, to give the Regulator— (a) the information (including information given in confidence) in the authority’s possession or control that the Regulator reasonably requires for the local application provisions of this Act or the Heavy Vehicle National Law (ACT); and (b) any other assistance that the Regulator reasonably requires to exercise a function under the local application provisions of this Act or the Heavy Vehicle National Law (ACT). (2) Information given to the Regulator under subsection (1) is taken to be information obtained in the course of administering the Heavy Vehicle National Law (ACT), as mentioned in the Law, section 727 (1), definition of protected information, paragraph (a). (3) Nothing done or authorised to be done by the road transport authority in acting under this section— (a) is a breach of, or default under, a territory law; or (b) is a breach of, or default under, a contract, agreement, understanding or undertaking; or (c) is a breach of a duty of confidence (whether arising by contract, in equity, by custom or in any other way); or (d) is a civil or criminal wrong; or (e) ends an agreement or obligation or fulfils any condition that allows a person to end an agreement or obligation, or gives rise to any other right or remedy; or

Miscellaneous Part 4 Section 30 R13 27/04/22 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (f) releases a surety or any other obligee wholly or in part from an obligation. (4) This section authorises either or both of the following for the exercise of the Regulator’s functions under the local application provisions of this Act or the Heavy Vehicle National Law (ACT): (a) the disclosure of information mentioned in the Road Transport (Safety and Traffic Management) Act 1999, section 29A (Disclosure of images by road transport authority) to the Regulator; (b) the disclosure of the information by the Regulator to someone else. Note See the Road Transport (Safety and Traffic Management) Act 1999, s 29B (Use, retention and disclosure of images by other people) and s 29C (Protection of images against loss etc). (5) This section does not limit the Heavy Vehicle National Law (ACT), section 660 (Cooperation with participating jurisdictions and Commonwealth). 30 Regulation-making power (1) The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act. (2) A regulation may modify a national regulation.

Schedule 1 Modification—Heavy Vehicle National Law (ACT) Modification [1.1] page 14 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 R13 27/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Modification—Heavy Vehicle National Law (ACT) (see s 7) [1.1] Section 5, definition of previous corresponding law, new paragraph 4 insert 4 For the purposes of paragraph 1, if a provision of this Law does not apply in a participating jurisdiction on the day the provision of its Application Act corresponding to section 4 of the Heavy Vehicle National Law Act 2012 of Queensland commences, and the provision later applies in the jurisdiction, the participation day for the jurisdiction in relation to the provision is taken to be the day the provision applies. [1.3] Part 10.3, new division 4A insert Division 4A Cancelling, varying or suspending driver licences or disqualifying drivers 598A Sanctions involving driver licences (1) This section applies if a court convicts the driver of a heavy vehicle of an offence against this Law relating to a mass, dimension or loading requirement other than an offence that involves only a minor risk breach, or substantial risk breach, of a mass, dimension or loading requirement.

Modification—Heavy Vehicle National Law (ACT) Schedule 1 Modification [1.3] R13 27/04/22 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The court may make an order for either or both of the following: (a) that a stated Australian driver licence issued to the driver is— (i) cancelled; or (ii) varied or suspended for a stated period; (b) that the driver is disqualified from obtaining or holding an Australian driver licence (either generally or of a stated kind) for a stated period. (3) An order under this section operates automatically and takes effect immediately or, if a later day is stated in the order, on the stated day. (4) To remove any doubt, this section is additional to, and does not limit, the court’s powers under— (a) the Road Transport (Driver Licensing) Regulation 2000, division 5.2 (Variation, suspension or cancellation of driver licences); or (b) the Road Transport (General) Act 1999, division 4.2 (Licence suspension, disqualification and related matters). (5) The registrar must give particulars of the conviction to the road authority. (6) In this section: Australian driver licence—see the Road Transport (Driver Licensing) Act 1999, dictionary.

Schedule 1 Modification—Heavy Vehicle National Law (ACT) Modification [1.4] page 16 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 R13 27/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au [1.4] New section 709A insert 709A Evidence of speed (1) This section applies if the speed of a heavy vehicle is relevant in a proceeding for an offence against this Law. (2) Evidence that is obtained or may be given under the Road Transport (Safety and Traffic Management) Act 1999 may be given in the proceeding. (3) Without limiting subsection (2), a certificate about a matter under the Road Transport (Safety and Traffic Management) Act 1999, part 6 (Traffic offence detection devices) is— (a) admissible in the proceeding; and (b) evidence of the matter. (4) If the heavy vehicle is being towed by another heavy vehicle, the heavy vehicle and towing vehicle are taken to be travelling at the same speed. (5) This section does not limit evidence that can be presented apart from this section. [1.5] New section 710 (1A) and (1B) insert (1A) In a proceeding for an offence against this Law, a statement in the complaint for the offence that— (a) at a stated time or during a stated period— (i) a stated person was or was not the holder of a driver licence under the Road Transport (Driver Licensing) Act 1999 of any particular class or type; or

Modification—Heavy Vehicle National Law (ACT) Schedule 1 Modification [1.6] R13 27/04/22 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) a stated person was or was not the holder of a driver licence under the Road Transport (Driver Licensing) Act 1999 authorising the holder to drive a motor vehicle on a stated road; or (b) any distance mentioned in the complaint is or was a stated distance or is or was greater or less than a stated distance; is evidence of the matter. (1B) Section 715 applies to a matter mentioned in subsection (1A)(b) as if the matter were a matter stated in a certificate to which the section applies. [1.6] New section 711 (1) (r) to (zc) insert (r) a stated thing was the property of the Regulator; or (s) a stated sign was or was not an official traffic sign, contained stated words or was on a stated place; or (t) a stated vehicle was or was not inspected under this Law; or (u) a stated vehicle was or was not inspected in compliance with a stated requirement made by an authorised officer; or (v) an inspection of a stated vehicle under this Law gave stated results; or (w) a stated application, or another stated document required to be lodged under this Law, was or was not received by the Regulator; or (x) a stated report or stated information required to be given to the Regulator under this Law was received or was not received by the Regulator; or (y) no report or information of a stated type, required to be given to the Regulator under this Law, was received by the Regulator; or

Schedule 1 Modification—Heavy Vehicle National Law (ACT) Modification [1.7] page 18 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 R13 27/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (z) a stated vehicle was or was not of a stated type, or was carrying stated goods; or (za) a stated copy of a document was a copy of a document issued, or required to be kept, under the Law; or (zb) a stated document was a manufacturer’s specification for a stated type of vehicle; or (zc) a stated vehicle’s GCM or GVM was a stated amount, and how the amount was identified; [1.7] New section 711 (3) insert (3) A certificate mentioned in the Road Transport (General) Act 1999, section 56 signed by or on behalf of the Regulator as administering authority that states a matter is evidence of the matter. [1.8] Section 712 omit A certificate substitute (1) A certificate [1.9] New section 712 (2) insert (2) A certificate mentioned in the Road Transport (General) Act 1999, section 72 signed by or on behalf of the road transport authority that states a matter is evidence of the matter.

Modification—Heavy Vehicle National Law (ACT) Schedule 1 Modification [1.10] R13 27/04/22 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au [1.10] New section 715A insert 715A Evidence of contents of document examined by authorised officer Evidence by an authorised officer of the contents of a document issued, or required to be kept, under this Law, that was examined by the officer while it was in someone else’s possession, may be given by the officer without the document being produced. Example— An authorised officer who examines a driver’s work diary may return the work diary to the driver to enable the driver to continue driving. The officer may give evidence of the contents of the work diary without producing it. [1.31] New section 712 (ca) to (ch) insert (ca) a stated vehicle was or was not registered under the Road Transport (Vehicle Registration) Act 1999 on the basis of it being a heavy vehicle; or Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act 2001, s 104 and Heavy Vehicle National Law (ACT) Act 2013, s 8 (3)). (cb) a stated vehicle registered under the Road Transport (Vehicle Registration) Act 1999 was or was not registered as a heavy vehicle of a stated category; or (cc) a stated vehicle was or was not exempt from registration under the Road Transport (Vehicle Registration) Act 1999; or

Schedule 1 Modification—Heavy Vehicle National Law (ACT) Modification [1.31] page 20 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 R13 27/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (cd) a stated person was or was not a responsible person (within the meaning of the Road Transport (General) Act 1999) for a stated vehicle registered under the Road Transport (Vehicle Registration) Act 1999; or (ce) a stated person is the holder of a stated permit or other authority under the Road Transport (Vehicle Registration) Act 1999; or (cf) a stated registration, exemption, authorisation, permit or other authority under the Road Transport (Vehicle Registration) Act 1999 was or was not amended, suspended or cancelled; or (cg) a stated penalty, fee, charge or other amount was or was not, or is or is not, payable under the Road Transport (General) Act 1999 by a stated person in relation to a heavy vehicle; or (ch) a stated fee, charge or other amount payable under the Road Transport (General) Act 1999 in relation to a heavy vehicle was or was not paid to the road authority; or

Dictionary R13 27/04/22 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to the local application provisions of this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • auditor-general • chief police officer • entity • magistrate • police officer • road transport authority • territory authority • territory law. Heavy Vehicle National Law (ACT) means the provisions applying because of section 7. local application provisions of this Act means the provisions of this Act other than— (a) the Heavy Vehicle National Law (ACT); and (b) the modified text of the Heavy Vehicle National Law (ACT) in schedule 1. Queensland Act means the Heavy Vehicle National Law Act 2012 (Qld). Note A reference to a law (including the Queensland Act) includes a reference to the law as originally made and as amended (see Legislation Act, s 102).

Endnotes 1 About the endnotes page 22 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 R13 27/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes Legislation history 3 R13 27/04/22 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Heavy Vehicle National Law (ACT) Act 2013 A2013-51 notified LR 9 December 2013 s 1, s 2 commenced 9 December 2013 (LA s 75 (1)) s 32 om before commenced by A2018-42 amdt 3.58 ss 34, 36, 38, 40 commenced 1 July 2019 (s 2 and CN2019-12) remainder commenced 10 February 2014 (s 2 and CN2014-2) as modified by Heavy Vehicle National Law (ACT) (Transitional Provisions) Regulation 2014 SL2014-16 s 3, sch 1 notified LR 28 July 2014 s 1, s 2 commenced 28 July 2014 (LA s 75 (1)) s 3, sch 1 commenced 29 July 2014 (s 2) as amended by Justice and Community Safety Legislation Amendment Act 2014 (No 2) A2014-49 sch 1 pt 1.9 notified LR 10 November 2014 s 1, s 2 commenced 10 November 2014 (LA s 75 (1)) sch 1 pt 1.9 commenced 17 November 2014 (s 2) Freedom of Information Act 2016 A2016-55 sch 4 pt 4.15 (as am by A2017-14 s 19) notified LR 26 August 2016 s 1, s 2 commenced 26 August 2016 (LA s 75 (1)) sch 4 pt 4.15 commenced 1 January 2018 (s 2 as am by A2017-14 s 19) Justice and Community Safety Legislation Amendment Act 2017 (No 2) A2017-14 s 19, pt 9 notified LR 17 May 2017 s 1, s 2 commenced 17 May 2017 (LA s 75 (1)) s 19 commenced 24 May 2017 (s 2 (1)) pt 9 commenced 30 April 2018 (s 2 (2) (a) and see Road Transport (Road Rules) Regulation 2017 SL2017-43 s 2) Note Section 19 only amends the Freedom of Information Act 2016 A2016-55.

Endnotes 3 Legislation history page 24 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 R13 27/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Justice and Community Safety Legislation Amendment Act 2018 A2018-12 pt 6 notified LR 18 April 2018 s 1, s 2 commenced 18 April 2018 (LA s 75 (1)) pt 6 commenced 25 April 2018 (s 2) Statute Law Amendment Act 2018 A2018-42 sch 3 pt 3.18 notified LR 8 November 2018 s 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2)) sch 3 pt 18 taken to have commenced 1 July 2018 (s 2 (2)) Motor Accident Injuries Act 2019 A2019-12 sch 3 pt 3.4 notified LR 31 May 2019 s 1, s 2 commenced 31 May 2019 (LA s 75 (1)) sch 3 pt 3.4 commenced 1 February 2020 (s 2 (1) and CN2019-13) Road Transport Legislation Amendment Act 2022 (No 2) A2022-5 pt 2 notified LR 13 April 2022 s 1, s 2 commenced 13 April 2022 (LA s 75 (1)) pt 2 commenced 27 April 2022 (s 2 (1))

Endnotes Amendment history 4 R13 27/04/22 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Commencement s 2 om LA s 89 (4) Application of Heavy Vehicle National Law s 7 am A2018-42 amdt 3.57 Exclusion of Legislation Act s 8 (5), (6) exp 10 February 2015 (s 8 (6)) am A2018-12 s 8 Exclusion of other territory laws s 9 am A2014-49 amdt 1.18, amdt 1.19; pars renum R3 LA; A2016-55 amdts 4.17-4.19; pars renum R5 LA Road Rules—the Law, s 5 s 19 sub A2017-14 s 25 Meaning of relevant law—the Law, s 727 (1) s 24 am A2019-12 amdt 3.37, amdt 3.38; pars renum R11 LA Heavy vehicles—registration div 5.1 hdg om A2018-42 amdt 3.58 Registration provisions of Heavy Vehicle National Law (ACT) s 31 om A2018-42 amdt 3.58 Expiry—div 5.1 s 32 om A2018-42 amdt 3.58 Delayed application of certain provisions of Heavy Vehicle National Law (ACT) pt 5 hdg om R10 LA Heavy vehicles operations—speeding div 5.2 hdg exp 1 July 2019 (s 34) Vehicle operations speeding provisions of Heavy Vehicle National Law (ACT) s 33 exp 1 July 2019 (s 34) Expiry—div 5.2 s 34 exp 1 July 2019 (s 34) Heavy vehicles operations—driver fatigue div 5.3 hdg exp 1 July 2019 (s 36) Vehicle operations driver fatigue provisions of Heavy Vehicle National Law (ACT) s 35 exp 1 July 2019 (s 36) Expiry—div 5.3 s 36 exp 1 July 2019 (s 36)

Endnotes 4 Amendment history page 26 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 R13 27/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Heavy vehicles—intelligent access program div 5.4 hdg exp 1 July 2019 (s 38) Intelligent access program provisions of Heavy Vehicle National Law (ACT) s 37 exp 1 July 2019 (s 38) Expiry—div 5.4 s 38 exp 1 July 2019 (s 38) Heavy vehicles—accreditation div 5.5 hdg exp 1 July 2019 (s 40) Accreditation provisions of Heavy Vehicle National Law (ACT) s 39 exp 1 July 2019 (s 40) Expiry—div 5.5 s 40 exp 1 July 2019 (s 40) Transitional pt 6 hdg exp 1 July 2020 (s 43) Saved mass limit exemptions—accreditation under Heavy Vehicle National Law (ACT) s 41 exp 1 July 2020 (s 41 (3)) Transitional regulations s 42 exp 1 July 2020 (s 43) Modification—Crimes Act 1900 s 42A ins as mod SL2014-16 s 3 (see endnote 6) exp 1 July 2020 (see SL2014-16 s 4) Expiry—pt 6 s 43 am A2018-42 amdt 3.59 exp 1 July 2020 (s 43) Validation pt 10 hdg ins A2018-12 s 9 exp 25 April 2018 (s 101) Validation of national regulation amendment regulations s 100 ins A2018-12 s 9 exp 25 April 2018 (s 101) Expiry—pt 10 s 101 ins A2018-12 s 9 exp 25 April 2018 (s 101) Modification—Heavy Vehicle National Law (ACT) sch 1 mods 1.12-1.30 om A2018-42 amdt 3.61 mod 1.2 and mod 1.11 om A2022-5 s 4

Endnotes Earlier republications 5 R13 27/04/22 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Modifications—general sch 1 pt 1.1 hdg om A2018-42 amdt 3.60 Modifications—ch 2 sch 1 pt 1.2 hdg om A2018-42 amdt 3.60 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 10 Feb 2014 10 Feb 2014– 28 July 2014 not amended new Act R2 29 July 2014 29 July 2014– 16 Nov 2014 not amended modifications by SL2014-16 R3 17 Nov 2014 17 Nov 2014– 10 Feb 2015 A2014-49 amendments by A2014-49 R4 11 Feb 2015 11 Feb 2015– 31 Dec 2017 A2014-49 expiry of provision (s 8 (5), (6)) R5 1 Jan 2018 1 Jan 2018– 24 Apr 2018 A2017-14 amendments by A2016-55 as amended by A2017-14 R6 25 Apr 2018 25 Apr 2018– 25 Apr 2018 A2018-12 amendments by A2018-12 R7 26 Apr 2018 26 Apr 2018– 29 Apr 2018 A2018-12 expiry of validation provisions (pt 10) R8 30 Apr 2018 30 Apr 2018– 30 June 2018 A2018-12 amendments by A2017-14 R9 8 Nov 2018 1 July 2018– 30 June 2019 A2018-42 amendments by A2018-42

Endnotes 5 Earlier republications page 28 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 R13 27/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No and date Effective Last amendment made by Republication for R10 1 July 2019 1 July 2019– 31 Jan 2020 A2018-42 commenced provisions and expiry of provisions (divs 5.2 to 5.5) R11 1 Feb 2020 1 Feb 2020– 1 July 2020 A2019-12 amendments by A2019-12 R12 2 July 2020 2 July 2020– 26 Apr 2022 A2019-12 expiry of modification and transitional provisions (pt 6)

Endnotes Expired transitional or validating provisions 6 R13 27/04/22 Heavy Vehicle National Law (ACT) Act 2013 Effective: 27/04/22 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6 Expired transitional or validating provisions This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)). Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry. To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act. © Australian Capital Territory 2022

The Act operates as an application and adaptation instrument: it makes the HVNL a territory law, defines local institutional correspondences, and modifies certain HVNL provisions to suit the ACT context. The central legal concepts and mechanisms in the Act are:

Application and modification: s 7 imports the HVNL and sch 1 lists specific textual modifications to the HVNL as it applies in the ACT. The HVNL as imported is “as amended from time to time” (s 7) meaning ongoing interstate amendments to the HVNL framework may affect the ACT regime subject to the modification schedule.
Delegated and cross‑jurisdictional roles: the Act declares local officeholders to occupy HVNL roles , for example, a police officer is an authorised officer (s 11), a magistrate is an authorised warrant official (s 12), the road transport authority is the road authority and road manager (ss 17-18). The Act also specifies the Australian Federal Police as a “police agency” for certain HVNL definitions when exercising functions under the Australian Federal Police Act (s 23).
Procedural and evidentiary adjustments: Schedule 1 inserts or varies HVNL sections to adjust evidentiary rules in ACT proceedings. New s 709A permits evidence obtained under the Road Transport (Safety and Traffic Management) Act 1999 to be given in HVNL proceedings and makes certificates under that Act admissible (sch 1, [1.4]). New and amended provisions (sch 1, [1.5], [1.6], [1.7], [1.9], [1.10], [1.31]) expand matters that can be stated in complaints as evidence and allow authorised officers to give evidence of the contents of documents they examined without producing those documents (s 715A). These changes alter trial and proof mechanics.
Enforcement competencies and immunities: the Act expressly allows police officers to use reasonable force in enforcing HVNL chapter 9 (s 25) and allows authorised officers to use reasonable force against property (s 26). It also equates the power under HVNL s 552 to seize or impound certain things to the ACT context (s 28). Section 29 provides the Regulator with access to information and other assistance from the road transport authority and immunises certain disclosures from being breaches of ACT laws, contracts or duties of confidence (s 29(3)).
Exclusions and applied laws: the Legislation Act is excluded from applying to the HVNL (s 8(1)), though chapter 7 of the Legislation Act is applied with modifications to national regulations (s 8(2)). Section 9 lists Territory laws that do not apply to the Regulator and Board for functions under the HVNL (for example the Financial Management Act 1996, Freedom of Information Act 2016, Information Privacy Act 2014), with an exception where an ACT entity performs the function, in which case the law applies to that entity (s 9(2)).
Appeal and review routes: the Act declares which courts or tribunals are the relevant forum for specified HVNL provisions , ACAT for most matters, the Magistrates Court for particular seizure and embargo issues, and any court or tribunal for certain protected information issues (s 14). It also maps HVNL appeals to ACAT review under the ACT Civil and Administrative Tribunal Act 2008 (s 15).
Criminal law overlay: offences against the HVNL are subject to the Criminal Code’s general rules on criminal responsibility, burdens and defences (s 6). The Act also clarifies that where the HVNL removes the benefit of a mistake‑of‑fact defence, the corresponding Criminal Code defences do not apply (s 21).

These concepts combine to transfer heavy vehicle regulatory design from ACT‑specific instruments to a national HVNL framework while preserving and tailoring certain ACT procedural and evidentiary arrangements, delineating who may act under the law, and permitting significant information‑sharing and enforcement powers.

The Act creates legal effects for a defined set of public bodies, regulated parties and intermediaries.

Regulator and Board: the Act applies the HVNL to the ACT and specifies how the Regulator and Board operate in the Territory. Section 9(1) explicitly exempts the Regulator and the Board from several Territory laws (for example the Annual Reports (Government Agencies) Act 2004, the Financial Management Act 1996, the Freedom of Information Act 2016, the Information Privacy Act 2014). That exemption alters how those bodies must comply with ACT public sector accountability and information access regimes, though s 9(2) makes clear that if an ACT entity performs a Regulator/Board function the underlying ACT law still applies to that entity.
Road transport authority (ACT): declared to be the road authority and road manager for HVNL purposes (ss 17-18). Section 29 authorises the road transport authority to provide information (including confidential information) and assistance to the Regulator and to permit onward disclosure; it also immunises those actions from breach of territory laws, contracts, duties of confidence and other civil or criminal wrongs (s 29(1)-(4)).
Police and magistrates: police officers are declared authorised officers under the HVNL (s 11) and magistrates are authorised warrant officials (s 12). The Act authorises police officers to use reasonable force in exercising functions under the HVNL (s 25), and allows authorised officers to use reasonable force against property (s 26). The Australian Federal Police is recognised as a police agency for certain HVNL purposes where they exercise functions under the AFP Act (s 23).
Heavy vehicle operators and drivers: the principal private sector group affected are operators and drivers of heavy vehicles. The Act imports the HVNL obligations (s 7) and adds a power for courts to cancel, vary, suspend or disqualify drivers’ licences where a person is convicted of certain mass, dimension or loading offences (sch 1, new s 598A). The evidentiary changes specifically affect drivers and operators because certificates and road safety device outputs (including speed certificates) are made admissible in proceedings (sch 1, new s 709A; sch 1, new provisions to s 711 and s 715A), and authorised officers may give evidence of the contents of documents they examined without producing the original (sch 1, new s 715A).
Persons and entities supplying records or images: entities that hold images under the Road Transport (Safety and Traffic Management) Act 1999 are affected by s 29(4) which authorises disclosure of those images to the Regulator and the Regulator’s onward disclosure. The Act also affects entities required to lodge applications, reports or other documents with the Regulator (sch 1 amendments to s 711) by creating statutory evidentiary presumptions.
Courts, tribunals and legal practitioners: ACAT is the relevant tribunal for most HVNL appeals in the ACT and the Magistrates Court is the relevant forum for certain matters (s 14, s 15). The Criminal Code applies to HVNL offences (s 6), so criminal practitioners must consider Criminal Code defences and burdens, and counsel must account for the new evidentiary provisions introduced by the ACT‑specific schedule.
Third parties with interests in seized items: the Magistrates Court is the relevant court for return of seized things, withdrawal of embargo notices, and third party protection (s 14(1)(a)-(c)). The Act’s seizure/impoundment mechanics (s 28) and the HVNL’s seizure regime as applied will affect owners and third parties with property interests in heavy vehicles or things that may be seized under HVNL chapter 9.

In short, the Act primarily governs public bodies (Regulator, Board, road transport authority, police), regulated industry participants (operators, drivers, vehicle owners), and legal actors engaged in enforcement, evidence and review processes. The Act reallocates responsibilities and modifies evidence and enforcement mechanics; these changes affect compliance costs, administrative interactions, the availability and use of documents and images in prosecutions, and the procedural paths for review.

The Act creates and clarifies a network of duties, powers and rights by importing the HVNL and establishing ACT‑specific rules.

Application of HVNL duties and rights: by operation of s 7 the HVNL applies in the ACT and with that application creates the duties and regulatory obligations found throughout the HVNL (s 7). Those duties include operator obligations relating to mass, dimension, loading, chain of responsibility, accreditation regimes, and vehicle standards as set out in the HVNL text (imported by s 7 and modified where stated in sch 1).
Responsible Minister and administrative roles: s 16 nominates the Minister responsible for administering the Act as the responsible Minister for the HVNL in the ACT. The Minister’s administrative duties and oversight are therefore governed by HVNL provisions as imported and by the local application provisions of this Act.
Authorised officers and warrant officials: s 11 declares police officers to be authorised officers for HVNL purposes, and s 12 declares magistrates to be authorised warrant officials. These declarations give police officers and magistrates the rights to exercise HVNL enforcement powers, to apply for warrants, and to perform inspections and seizures under HVNL chapter 9 as adapted by this Act. Section 27 expressly allows an authorised officer who is a police officer of another jurisdiction to amend or withdraw a vehicle defect notice issued in the ACT by a police officer.
Use of force and seizure powers: ss 25-26 authorise use of reasonable force by police officers against people and by authorised officers against property when exercising HVNL functions. Section 28 gives authorised officers the power to impound or seize “excluded things” (including heavy vehicles) as if they were otherwise seizable under HVNL chapter 9, thereby putting seizure and impoundment duties and rights into ACT operation.
Evidence and proof rights/duties: Schedule 1 introduces evidentiary rights for prosecutors and duties on defendants to meet documentary and certificate evidence. New s 709A permits evidence and certificates under the Road Transport (Safety and Traffic Management) Act 1999 to be admitted in HVNL proceedings and declares them evidence of the matters stated (sch 1, [1.4]). Amendments to s 710 (sch 1, [1.5]) allow certain statements in complaints to be treated as evidence, including assertions about licence holding and distances. New and amended clauses in s 711 (sch 1, [1.6], [1.31]) expand a non‑exhaustive list of matters that can be stated in certificates as evidence, including vehicle registration and permit status, that a vehicle was inspected and inspection results, whether reports or documents were received by the Regulator, and GVM/GCM amounts. New s 715A (sch 1, [1.10]) authorises authorised officers to give evidence of the contents of documents they examined without producing the documents , changing the usual right of an accused to inspect originals at trial and potentially shortening evidential proofs.
Review and appeal rights: s 14 sets which courts or tribunals are the relevant forum for particular HVNL provisions , ACAT for most HVNL matters, and the Magistrates Court for specified seizure and embargo provisions. Section 15 maps appeals to ACAT reviews under the ACT Civil and Administrative Tribunal Act 2008, which defines procedural rights and review standards for regulated parties.
Exclusions from mistaken‑fact defence: s 21 clarifies the HVNL effect where a HVNL provision states that a person charged does not have the benefit of the mistake of fact defence; the Criminal Code defences under ss 35 and 36 do not apply where the HVNL has disapplied mistake‑of‑fact. This reduces the available defences in such cases for accused persons in the ACT.
Information sharing duties and protections: s 29 imposes a duty (authorisation) on the road transport authority to provide information and assistance to the Regulator, including confidential material, when reasonably required. It also provides protection from civil and criminal liability and from breach of contractual or confidence obligations for the road transport authority in doing so (s 29(1)-(3)). The section authorises disclosure of images under the Road Transport (Safety and Traffic Management) Act 1999 and further disclosure by the Regulator (s 29(4)). Thus s 29 imposes an information‑sharing duty on the road transport authority and creates a statutory privilege from many otherwise applicable legal constraints.
Regulation‑making and modification competence: s 30 authorises the Executive to make regulations for the Act and permits a regulation to modify a national regulation, creating delegated rule‑making duties and powers in the ACT government.

Collectively, these duties and rights shift the operational landscape for enforcement, evidence, administrative cooperation and review in the ACT HVNL regime. The combination of enhanced evidentiary admissibility, authorised use of force, seizure powers, and statutory immunities for information disclosure creates a coordinated enforcement architecture, but also narrows some procedural protections available to regulated parties (for example, restrictions on mistake‑of‑fact defences and the admissibility of certificates and officer evidence without production).

The Act sets the enforcement architecture by importing HVNL enforcement provisions and overlaying ACT specifics about who enforces, what powers are available, evidentiary presumptions, and the applicable criminal law.

Criminal law overlay and penalty units: the Act directs that the Criminal Code (ACT) applies to offences against the HVNL as applied in the ACT, except where the HVNL states that a person does not have the benefit of the mistake of fact defence (s 6; s 21). The republished law notes the penalty unit values at the republication date , $160 for an individual and $810 for a corporation , for an offence against this law (Legislation Act 2001, s 133) (see front matter). Those penalty unit values determine monetary fines where the HVNL or regulations fix penalties in units.
Enforcement actors and powers: police officers are declared authorised officers (s 11) and magistrates authorised warrant officials (s 12). The Act authorises police officers to use reasonable force against people in exercising HVNL chapter 9 enforcement functions (s 25), and authorised officers to use reasonable force against property (s 26). Section 28 (which imports s 552 equivalence) permits authorised officers to impound or seize excluded things , including heavy vehicles , consistent with HVNL chapter 9 powers. Section 27 allows authorised officers who are police officers of other jurisdictions to amend or withdraw vehicle defect notices issued in the ACT by ACT police.
Seizure, embargo and third party protection: s 14 declares the Magistrates Court as the relevant forum for return of seized things, withdrawal of embargo notices and third party protection (s 14(1)(a)-(c)). This allocates specific judicial oversight and remedies to the Magistrates Court for property interests affected by enforcement actions.
Evidentiary facilitation for enforcement: the schedule of modifications enhances enforcement prosecutions by making certain documentary and device outputs admissible and evidential. New s 709A permits evidence obtained under the Road Transport (Safety and Traffic Management) Act 1999 (which includes traffic offence detection devices and associated certificates) to be given in HVNL proceedings and makes certificates under that part evidence (sch 1, [1.4]). Many addenda to s 711 expand certificates to cover matters such as registration, inspection results, reports received by the Regulator, GVM/GCM figures and other operational facts (sch 1, [1.6], [1.31]). New s 715A (sch 1, [1.10]) permits authorised officers to give evidence of document contents without producing originals. These changes reduce the evidentiary friction for prosecutions and administrative enforcement actions.
Procedural exclusion of certain defences: s 21 provides that where the HVNL disapplies mistake‑of‑fact, the Criminal Code defences in ss 35 and 36 are not available. That narrows the set of available defences for specified offences and alters how prosecutions proceed and how accused persons should frame defences.
Administrative sanctions relating to licences: sch 1 inserts new s 598A authorising courts, on conviction for certain mass/dimension/loading offences (excluding only minor or substantial risk breaches), to cancel, vary, suspend, or disqualify an Australian driver licence immediately or on a stated later date. The registrar must be notified of the conviction (sch 1, new s 598A(5)). This creates a direct civil-administrative sanction linked to criminal conviction and changes the stakes for drivers convicted of particular heavy vehicle offences.
Regulation of national regulations: s 8 applies parts of the Legislation Act (chapter 7) to national regulations with adjustments, including an extended presentation period of 20 sitting days and publication triggers, meaning national regulations affecting the HVNL are subject to presentation and disallowance processes tailored for the HVNL. This influences the timing and oversight of regulatory penalty changes enacted by national regulation.

The enforcement design centralises investigative, seizure and prosecutorial capacity in authorised officers and police, widens admissible evidence for enforcement proceedings, and authorises immediate administrative consequences for convicted drivers. Those mechanics lower administrative and evidentiary costs for regulators and prosecutors, while narrowing some procedural defence options and creating swift licence consequences tied to criminal convictions.

The Act explicitly maps the HVNL into the ACT legal framework and states how other Territory and Commonwealth laws apply. Key interactions:

Legislation Act: s 8(1) declares that the Legislation Act does not apply to the HVNL broadly. However s 8(2) applies chapter 7 of the Legislation Act (presentation, amendment and disallowance of subordinate laws and disallowable instruments) to national regulations with specific substitutions: “6 sitting days” becomes “20 sitting days”, and “notification day” becomes “published” as per HVNL s 733(1). Section 8(3) also applies the Legislation Act ss 104 and 191 (references to laws include instruments; offences against two or more laws) to the HVNL as if the HVNL were an Act. Thus presentation and disallowance procedures for national regulations are adapted; other general Legislation Act mechanisms are excluded.
Criminal Code (ACT): s 6 makes the Criminal Code (ch 2) applicable to offences under the HVNL in the ACT, importing general criminal responsibility rules, burdens of proof and defences, subject to s 21 (which limits the mistake‑of‑fact defence where HVNL provisions disapply it). This aligns substantive HVNL offences with ACT criminal law machinery.
Specified Territory laws: s 9(1) lists several Territory laws that do not apply to the Regulator and the Board in the exercise of HVNL functions: Annual Reports (Government Agencies) Act 2004; Financial Management Act 1996; Freedom of Information Act 2016; Government Procurement Act 2001; Information Privacy Act 2014; Public Interest Disclosure Act 2012; Public Sector Management Act 1994; Territory Records Act 2002. Section 9(2) carves an exception: if an ACT entity performs a Regulator/Board function, that entity remains subject to the listed laws, ensuring accountability for ACT bodies doing Regulator work. The composition of that exemption modifies accountability and transparency regimes for the Regulator and Board where they operate under the HVNL.
Road transport and related Acts: the Act declares particular road transport instruments as governing definitions and processes: the Road Transport (General) Act 1999 is the Infringement Notice Offences Law (s 13); the Road Transport (Road Rules) Regulation 2017 is declared to be the Road Rules for HVNL purposes (s 19); and a number of Territory Acts are specified as relevant laws for the HVNL’s definition of relevant law (s 24), including the Motor Accident Injuries Act 2019; Road Transport (Alcohol and Drugs) Act 1977; Road Transport (Driver Licensing) Act 1999; Road Transport (General) Act 1999; Road Transport (Public Passenger Services) Act 2001; Road Transport (Safety and Traffic Management) Act 1999; Road Transport (Vehicle Registration) Act 1999, and any territory law prescribed by regulation. Because the HVNL often cross‑refers to these instruments, the Act’s declared mappings ensure those cross‑references function in the ACT.
Work Health and Safety law: s 22 declares the Work Health and Safety Act 2011 to be the primary WHS law for the HVNL. This places WHS duties in an intersection with HVNL obligations where workplace safety issues arise in heavy vehicle operations.
Road Transport (Safety and Traffic Management) Act 1999: sch 1, new s 709A expressly allows evidence under that Act, including certificates about traffic offence detection devices, to be used in HVNL proceedings. Section 29(4) authorises disclosure of images described in the Road Transport (Safety and Traffic Management) Act s 29A to the Regulator and the Regulator’s further disclosure. Therefore, the regime for detection devices and image retention and disclosure in the Road Transport Act is integrated into enforcement and evidence under the HVNL.
ACT Civil and Administrative Tribunal Act 2008: s 15 equates an HVNL reference to an appeal against a decision with review by ACAT under the ACAT Act for the ACT, thereby importing ACAT’s review procedures, remedies and time limits into HVNL appeals in the Territory.
Commonwealth laws: the Act recognises the AFP as a police agency for HVNL purposes when operating under the AFP Act (s 23). The Act does not purport to displace Commonwealth law but coordinates the HVNL’s interface with Commonwealth policing functions.
Subordinate instrument regime: s 30 allows the Executive to make regulations for the Act and permits those regulations to modify a national regulation. Combined with s 8’s adapted application of the Legislation Act chapter 7 to national regulations, the Act establishes a tailored subordinate law interaction framework between Territory and national instruments.

Taken together, these mappings create a functional mesh between the HVNL and ACT legal instruments, aligning enforcement, evidentiary and administrative procedures while carving out or tailoring accountability and transparency laws for the Regulator and Board. The Act both imports external statutory regimes and overrides particular local constraints (for example FOI exceptions for the Regulator/Board), so practitioners must read HVNL obligations alongside the declared ACT correspondences in ss 8-24 and sch 1 amendments.

The republished Act includes an annotated history of amendments and commencement dates set out in the endnotes. Key legislative milestones and amendments recorded in the text are:

Original enactment and commencement: the Heavy Vehicle National Law (ACT) Act 2013 was notified LR 9 December 2013 (endnote 3). Sections 1 and 2 commenced 9 December 2013; most provisions commenced on 10 February 2014 (s 2 and CN2014‑2), with some parts commencing at differing dates as noted in the legislation history.
Transitional and modification instruments: the HVNL application has been modified by the Heavy Vehicle National Law (ACT) (Transitional Provisions) Regulation 2014 (SL2014‑16) and by Schedule 1 modifications inserted by the Act and subsequent amending instruments. Schedule 1 has been the locus for local textual changes to the HVNL.
Subsequent Acts and amendments: the Act has been amended by a series of Territory Acts and legislative instruments, including:
- Justice and Community Safety Legislation Amendment Act 2014 (No 2) A2014‑49 (sch 1 pt 1.9) , notified LR 10 November 2014, part commenced 17 November 2014 (endnote 3).
- Freedom of Information Act 2016 A2016‑55 and related amendments (see endnote 3).
- Justice and Community Safety Legislation Amendment Act 2017 (No 2) A2017‑14 (s 19, pt 9) , notified 17 May 2017, some parts commenced in May 2017 and pt 9 on 30 April 2018 (endnote 3).
- Justice and Community Safety Legislation Amendment Act 2018 A2018‑12 (pt 6) , notified 18 April 2018, part commenced 25 April 2018 (endnote 3).
- Statute Law Amendment Act 2018 A2018‑42 (sch 3 pt 3.18) , took effect 1 July 2018 (endnote 3).
- Motor Accident Injuries Act 2019 A2019‑12 (sch 3 pt 3.4) , notified 31 May 2019, some parts commenced 1 February 2020 (endnote 3).
- Road Transport Legislation Amendment Act 2022 (No 2) A2022‑5 (pt 2) , notified 13 April 2022; part 2 commenced 27 April 2022 (endnote 3).
Commencement and expiry of specific HVNL divisions: the amendment history records delayed applications and expiries for certain HVNL chapters and divisions as applied to the ACT (endnote 4). For example, sections concerning heavy vehicle speeding (div 5.2), driver fatigue (div 5.3), intelligent access program (div 5.4), and accreditation (div 5.5) had particular delayed commencement dates or expiries (see endnote 4 for exact dates), which means some HVNL provisions were temporally staged into ACT operation.
Schedule 1 modifications: schedule 1 of the Act has itself been amended across the life of the Act (endnote 4 notes that mods 1.12-1.30 were omitted by A2018‑42 and other modifications adjusted by A2022‑5). The schedule contains the tailored local modifications (for example insertion of s 598A, s 709A, s 715A and expanded s 711 matters) and has been updated by subsequent amending instruments.
Validation and transitional provisions: pt 10 (validation provisions) and pt 6 (transitional provisions) have existed with limited durations; endnotes record expiries for certain transitional or validating provisions (endnote 4 notes expired dates).

For precise clause‑by‑clause amendment dates, commencement notices (CN numbers), and which modifications remain in force, consult the legislation history and amendment history in the endnotes (endnotes 3 and 4) and point‑in‑time versions on the ACT legislation register. The republished Act as at 27 April 2022 reflects amendments up to and including Road Transport Legislation Amendment Act 2022 (No 2) A2022‑5 (endnote 3).

The republished Act and its endnotes do not record any judicial decisions or litigation outcomes. The statutory text itself designates adjudicative and review forums , declaring ACAT to be the relevant tribunal or court for most HVNL matters (s 14(3); s 15), and declaring the Magistrates Court to be the relevant forum for particular seizure, embargo and third‑party protection provisions (s 14(1)). The Act also prescribes that appeals under the HVNL to ACAT are to be treated as reviews under the ACT Civil and Administrative Tribunal Act 2008 (s 15). For criminal offences, the Criminal Code applies to HVNL offences (s 6), so prosecutions are brought in criminal courts as appropriate under the Criminal Code framework.

Because the source material supplied is the statutory text and legislative history, not an account of litigation, there are no cases named in the Act or in the endnotes to report. Practitioners should therefore treat the Act as establishing the procedural routes (ACAT, Magistrates Court and criminal courts) for adjudication and review in the ACT. For authoritative statements on statutory interpretation, evidentiary admissibility, or constitutional interactions, one must consult case law databases, tribunal decisions and later judicial authorities; none are provided within the republished Act text.

Practitioners and compliance officers should note these operational pitfalls and traps that arise directly from the Act’s text:

Exemptions from ACT accountability and transparency laws: s 9(1) means the Regulator and the Board are not subject to many core Territory governance statutes (including the Financial Management Act 1996, Freedom of Information Act 2016, Information Privacy Act 2014, Territory Records Act 2002). That changes normal expectations about access to documents, financial reporting, procurement constraints and privacy obligations for the Regulator/Board. The exemption is qualified by s 9(2) which preserves those laws where an ACT entity performs relevant functions; but practitioners should not assume FOI, privacy or procurement processes will apply in the usual way to Regulator/Board documents.
Broad information disclosure and statutory immunity: s 29 authorises the road transport authority to provide confidential information to the Regulator and permits onward disclosure by the Regulator. Importantly s 29(3) immunises such acts from being breaches of law, contract, duties of confidence or civil/criminal wrongs. Entities that hold sensitive information should be alert: disclosure to the Regulator may be lawful even where confidentiality or contractual arrangements otherwise apply. That complicates contractual risk assessments and confidentiality clauses.
Evidentiary presumptions and limited production: sch 1 inserts provisions that make certificates and statements admissible as evidence (new s 709A; modified ss 710-712; expanded s 711 entries) and allows authorised officers to give evidence of document contents without producing originals (s 715A). Defendants should be aware that these provisions reduce the practical necessity for prosecutors to produce device outputs or original documents, changing discovery dynamics and potentially limiting opportunities to challenge provenance or accuracy through inspection of originals.
Removal of mistake‑of‑fact defence in specified offences: s 21 confirms that where the HVNL states a person charged does not have the benefit of a mistake‑of‑fact defence, the Criminal Code defences in ss 35 and 36 do not apply. This narrows available defences and raises the stakes for compliance systems and evidential challenges in prosecutions for certain HVNL offences.
Use of force authorisations have no expanded statutory definition here: ss 25-26 authorise “reasonable force” by police officers against persons and by authorised officers against property in enforcement contexts, but the Act does not define “reasonable force”. The absence of a statutory definition means courts will interpret reasonableness under existing common law and statutory principles, but operational uncertainty remains for officers and subjects about the proper bounds of force in HVNL enforcement.
Quick administrative licence consequences: sch 1, new s 598A allows courts, on certain convictions, to immediately cancel, vary or suspend Australian driver licences or disqualify drivers. These licence consequences operate automatically on conviction and may be effective immediately, creating abrupt operational disruption for drivers and employers reliant on key personnel.
Interface with ACT entities performing functions: s 9(2) creates a bifurcated compliance landscape , Regulator/Board bodies are exempt from certain Territory laws, but ACT entities performing Regulator/Board functions remain subject to those laws. This complicates arrangements where ACT bodies contract or delegate Regulator functions, and may create differing legal obligations depending on which legal entity performs a function.
Delegated modification power: s 30(2) permits a regulation to modify a national regulation. This allows localised adjustment of national instruments, but it also creates a potential source of divergence between Territory regulations and the core national HVNL framework. Practitioners should check subordinate instruments for jurisdiction‑specific variations.
Evidence of speed and towing vehicles: sch 1, new s 709A(4) treats a heavy vehicle being towed by another heavy vehicle as travelling at the same speed. That rule creates a strict evidentiary link which may affect cases where towing arrangements are in dispute.

These “gotchas” are textual effects of the Act. They produce legal and operational consequences: altered disclosure expectations, more readily admissible enforcement evidence, immediate licence penalties on conviction, and exemption of the Regulator/Board from core ACT accountability laws. Effectively managing risk requires attention to the information‑sharing immunities, evidentiary presumptions, and the institutional mapping outlined in ss 8-29 and sch 1.

Compliance for operators, drivers, and entities interacting with the HVNL in the ACT requires operational, records, and legal preparations aligned with the Act’s mechanics.

Understand which rules apply:
- Treat the HVNL as the primary heavy vehicle law in the ACT (s 7). Read the HVNL provisions together with the ACT modifications in schedule 1 and the local definitions in ss 10-24 to determine applicable obligations and sanctions.
Records and document management:
- Maintain full, contemporaneous records of driver logs, vehicle inspections, maintenance, mass and loading data, permits and registrations. The schedule makes documents issued or required under the Law admissible and authorises officer testimony about documents they examined (sch 1, new s 711 and s 715A). Therefore producing accurate records reduces exposure to certificate and certificate‑based evidence.
Driver licensing and notification:
- Ensure drivers hold appropriate Australian driver licences and that organisational checks confirm licensing status. The court may cancel, vary, or disqualify licences on convictions for certain offences (sch 1, new s 598A). Maintain procedures to update registrars if convictions occur and to verify licence status for crew rostering and contract compliance.
Inspections and defect notices:
- Prepare for inspections by authorised officers, noting police officers are authorised officers (s 11), and officers from other jurisdictions may amend ACT defect notices (s 27). Have protocols for cooperating with inspections and for contesting defect notices through the avenues in the HVNL and s 14/15 (Magistrates Court or ACAT as relevant).
Evidence and enforcement readiness:
- Anticipate that certificates, device outputs, and officer evidence may be admitted without production of originals (sch 1, new s 709A; s 715A). Keep trusted copies and chain of custody records for device outputs (tachographs, speed detection device outputs) and ensure device calibration and maintenance documentation is current.
Data sharing and confidentiality:
- Recognise s 29 authorises the road transport authority to disclose confidential material to the Regulator and immunises such disclosures from many legal consequences. Contractual confidentiality clauses should be drafted with awareness that statutory disclosure to the Regulator is authorised and protected. Consider contractual clauses addressing statutory disclosures and practical notification procedures.
Safety and WHS integration:
- Align HVNL compliance with Work Health and Safety Act 2011 duties, since WHS is declared the primary WHS law for the HVNL (s 22). Coordinate fleet safety management to satisfy both HVNL and WHS obligations, including driver fatigue systems where relevant (note that some fatigue provisions had delayed commencement , consult the amendment history for applications at the relevant time).
Prepare for immediate enforcement consequences:
- Because use of force, seizure and impoundment powers can be exercised by authorised officers and police (ss 25-28), train staff in safe cooperation, escalation, and preservation of evidence. Have legal counsel ready to advise on quick steps if seizure, embargo or impoundment occurs, including lodging third party protection applications in the Magistrates Court where relevant (s 14(1)).
Engage with the Regulator and ACAT processes:
- Understand that ACAT is the default review body for most HVNL appeals in the ACT (s 14(3); s 15). Establish internal compliance dispute procedures to prepare documentation for ACAT reviews and engage qualified counsel that understands ACAT processes and timelines.
Monitor subordinate instruments and national regulations:

The Legislation Act’s chapter 7 is applied to national regulations with changes (s 8(2)) and the Executive can make regulations for the Act (s 30). Therefore regularly check the national HVNL regulations, ACT regulations and schedule 1 modifications for changes that could affect obligations, penalties, or evidentiary rules.

Contractual and procurement considerations:

If an ACT entity performs functions for the Regulator, s 9(2) means usual Territory laws may apply to that entity. Design contracting arrangements to clarify which legal obligations and public sector requirements apply, and to manage privacy and confidentiality risks given s 29 disclosures.

Training and policy:

Train drivers, fleet managers and compliance staff on the HVNL obligations as adapted by this Act, focusing on evidence collection, record‑keeping, the consequences of convictions for licences, interaction with authorised officers, and the organisation’s reporting obligations.

Concretely, compliance programmes should include: a records retention schedule tailored to HVNL evidentiary presumptions; documented inspection protocols; device maintenance and calibration logs; licence verification procedures; legal templates acknowledging statutory disclosure rights; and escalation procedures for seizures, defect notices and prosecutions. Regular legal audit against the imported HVNL text and Schedule 1 modifications is essential because the Act imports “as amended from time to time” HVNL text (s 7), meaning national changes can become applicable in the ACT subject to the modification schedule.

Heavy Vehicle National Law (ACT) Act 2013

Plain English Summary

Deep Dive

What it does

Current sections

Heavy Vehicle National Law (ACT) Act 2013

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply