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).
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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
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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
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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
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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
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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
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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
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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
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(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
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(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
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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
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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
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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
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(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
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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
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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
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(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]
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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]
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(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]
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[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]
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(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]
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(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]
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[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]
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(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
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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
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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
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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
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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
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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
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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
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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
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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)