2025
A Bill
for
An Act to amend the Heavy Vehicle National Law Act 2012 for
particular purposes
[s 1]
Heavy Vehicle National Law Amendment Bill 2025
Part 1 Preliminary
Page 10
Authorised by the Parliamentary Counsel
The Parliament of Queensland enacts—
Part 1 Preliminary
1 Short title
This Act may be cited as the Heavy Vehicle National Law
Amendment Act 2025.
2 Commencement
This Act commences on a day to be fixed by proclamation.
Part 2 Amendment of Heavy Vehicle
National Law Act 2012
3 Act amended
This part amends the Heavy Vehicle National Law Act 2012.
4 Amendment of s 21 (Other consents under s 124 of the
Law)
(1) Section 21, heading, ‘s 124’—
omit, insert—
s 122
(2) Section 21(1), ‘section 124(1)(c)’—
omit, insert—
section 122(2)(c)
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[s 5]
Heavy Vehicle National Law Amendment Bill 2025
Part 2 Amendment of Heavy Vehicle National Law Act 2012
Page 11
Authorised by the Parliamentary Counsel
5 Amendment of s 24 (Information notice for decision to
refuse application because commissioner did not give
consent)
Section 24(2), from ‘The’ to ‘section 128 of’—
omit, insert—
An information notice for the decision to refuse
the application required to be given to the
applicant under
6 Amendment of s 25 (Information notice for imposition of
condition requested by commissioner)
(1) Section 25(2), ‘section 127(1)(b) of’—
omit.
(2) Section 25(3), ‘section 127(1)(b)’—
omit, insert—
the Law
7 Omission of s 39 (Power to require production of driver
licence)
Section 39—
omit.
8 Amendment of s 42E (Amendment of s 707A (Proceeding
for other offences))
(1) Section 42E, inserted section 707A(6), definition fatigue
management offence, paragraphs (d) and (e)—
omit.
(2) Section 42E, inserted section 707A(6), definition fatigue
management offence, paragraph (f)—
renumber as paragraph (d).
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[s 9]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 12
Authorised by the Parliamentary Counsel
Part 3 Amendment of Heavy Vehicle
National Law
9 Law amended
This part amends the Heavy Vehicle National Law as set out
in the Schedule to the Heavy Vehicle National Law Act 2012.
10 Amendment of s 4 (Regulatory framework to achieve
object)
Section 4(c)(v), after ‘fatigued’—
insert—
or unfit to drive
11 Amendment of s 5 (Definitions)
(1) Section 5, definitions AFM accreditation, AFM fatigue
management system, AFM hours, AFM standards and
business rules, approved, approved auditor, approved
electronic recording system, BFM accreditation, BFM fatigue
management system, BFM hours, BFM standards and
business rules, cancel, daily sheet, electronic recording
system, fit, heavy vehicle accreditation, maintenance
management accreditation, maintenance management
standards and business rules, maintenance management
system, mass management accreditation, mass management
standards and business rules, mass management system,
registered industry code of practice, relevant management
system, relevant standards and business rules, sign of fatigue
and twinsteer axle group—
omit.
(2) Section 5, in alphabetical order—
insert—
alternative compliance accreditation means
accreditation granted under section 458 in relation
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[s 11]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 13
Authorised by the Parliamentary Counsel
to a prescribed operations requirement.
alternative compliance hours has the meaning
given by section 253.
approved auditor, in relation to an audit of an
operator’s safety management system, means an
auditor of a class specified in the audit standard as
approved to carry out the audit.
approved electronic recording system means an
electronic recording system the subject of a
current approval under section 343 or a
corresponding fatigue law.
audit standard means the standard for the
carrying out of audits of an operator’s safety
management system approved by the responsible
Ministers under section 654(1)(a).
cause of fatigue or being unfit to drive, for the
purposes of Chapter 6, has the meaning given by
section 221.
electronic recording system means a system of
recording information electronically.
fatigue alternative compliance accreditation
means an alternative compliance accreditation
granted in relation to a prescribed operations
requirement relating to requirements under
Division 2 of Part 6.3.
Note—
The Heavy Vehicle (Fatigue Management) National
Regulation prescribes the requirements under Division 2
of Part 6.3 of this Law as prescribed operations
requirements.
fit, for the purposes of Part 9.3, has the meaning
given by section 512A.
general safety accreditation means accreditation
granted under section 458 that is not related to a
prescribed operations requirement.
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[s 11]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
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Authorised by the Parliamentary Counsel
heavy vehicle accreditation means—
(a) general safety accreditation; or
(b) alternative compliance accreditation.
prescribed operations requirement has the
meaning given by section 457.
safety management system has the meaning
given by section 457A.
safety management system standard means the
standard for safety management systems
approved by the responsible Ministers under
section 654(1)(b).
sign of fatigue or being unfit to drive, for the
purposes of Chapter 6, has the meaning given by
section 221.
standard for alternative compliance hours
means the standard for alternative compliance
hours approved by the responsible Ministers
under section 654(1)(c).
twinsteer axle group means a group of 2 axles
that meets the requirements prescribed for the
purposes of this definition by the national
regulations.
unfit to drive has the meaning given by section
225(2).
(3) Section 5, definition class 2 heavy vehicle authorisation
(permit), ‘section 143(2)’—
omit, insert—
section 143
(4) Section 5, definition impaired by fatigue, ‘section 225’—
omit, insert—
section 225(1)
(5) Section 5, definition indictable offence, after ‘section 26F’—
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[s 12]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 15
Authorised by the Parliamentary Counsel
insert—
and includes an offence mentioned in section
26D(1A) with the penalty mentioned in section
26F
(6) Section 5, definition mass or dimension exemption (permit),
‘section 122(3)’—
omit, insert—
section 122(1)
(7) Section 5, definition night rest break, note, ‘sections 248 and
303’—
omit, insert—
section 248
(8) Section 5, definition tamper, paragraph (b)—
omit.
(9) Section 5, definition vehicle standards exemption (permit),
‘section 68(2)’—
omit, insert—
section 68
(10) Section 5, definition work and rest hours exemption (permit),
‘section 273(2)’—
omit, insert—
section 273
(11) Section 5, definition work diary exemption (permit), ‘section
363(2)’—
omit, insert—
section 363
12 Amendment of s 7 (Meaning of fatigue-regulated heavy
vehicle)
Section 7(1)(a), (b) and (3)(a), ‘12t’—
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[s 13]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 16
Authorised by the Parliamentary Counsel
omit, insert—
the GVM prescribed by the national regulations
13 Amendment of s 22 (Application for PBS design approval)
Section 22(2)—
omit, insert—
(2) In assessing the application, the Regulator must
have regard to the matters prescribed by the
national regulations for the purposes of this
subsection.
14 Amendment of s 23 (Application for PBS vehicle
approval)
Section 23(2)—
omit, insert—
(2) In assessing the application, the Regulator must
have regard to the matters prescribed by the
national regulations for the purposes of this
subsection.
15 Omission of s 25A (Keeping copy of PBS vehicle approval
while driving)
Section 25A—
omit.
16 Amendment of s 26 (National regulations)
(1) Section 26(d), ‘certifiers.’—
omit, insert—
certifiers; and
(2) Section 26—
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[s 17]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
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Authorised by the Parliamentary Counsel
insert—
(e) requirements to keep a copy of a PBS
vehicle approval.
17 Amendment of s 26D (Duty of executive of legal entity)
(1) Section 26D(1), after ‘a safety duty’—
insert—
, other than a safety duty imposed under section
26C
(2) Section 26D—
insert—
(1A) If a legal entity has a safety duty imposed under
section 26C, an executive of the legal entity must
exercise due diligence to ensure the legal entity
complies with the safety duty.
Maximum penalty—the penalty for a
contravention of section 26F, 26G or 26H by an
individual, as appropriate.
(3) Section 26D(2), after ‘subsection (1)’—
insert—
or (1A)
(4) Section 26D(2A), ‘Subsection (1) does not’—
omit, insert—
Subsections (1) and (1A) do not
18 Amendment of s 26E (Prohibited requests and contracts)
(1) Section 26E(1)(b)—
omit, insert—
(b) to drive a heavy vehicle while impaired by
fatigue or unfit to drive; or
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[s 19]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 18
Authorised by the Parliamentary Counsel
(2) Section 26E(1)(d), from ‘fatigue-regulated’ to ‘impaired by
fatigue’—
omit, insert—
heavy vehicle in breach of another law in order to
avoid driving while impaired by fatigue or unfit to
drive
(3) Section 26E(1) and (2), penalty, ‘$10000’—
omit, insert—
$20000
(4) Section 26E(2)(b)—
omit, insert—
(b) to drive a heavy vehicle while impaired by
fatigue or unfit to drive; or
(5) Section 26E(2)(d), from ‘fatigue-regulated’ to ‘impaired by
fatigue’—
omit, insert—
heavy vehicle in breach of another law in order to
avoid driving while impaired by fatigue or unfit to
drive
19 Insertion of new s 26I
After section 26H—
insert—
26I Alternative verdicts
(1) In proceedings for an offence under section 26F,
if the court is not satisfied the offence is proven,
but is satisfied the person committed an offence
under section 26G or 26H, the court may find the
person guilty of the offence under section 26G or
26H, and the person is liable to punishment
accordingly.
(2) In proceedings for an offence under section 26G,
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