[s 60]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 34
Authorised by the Parliamentary Counsel
$10000
60 Amendment of s 267 (Restriction on grant of work and
rest hours exemption (notice))
Section 267(1)(b), from ‘BFM hours’ to ‘AFM
accreditation’—
omit, insert—
alternative compliance hours—the requirements
applying to a fatigue alternative compliance
accreditation
61 Replacement of ss 273–285
Sections 273 to 285—
omit, insert—
273 Work and rest hours exemption (permits)
The Regulator may, by giving a person a work
and rest hours exemption (permit), grant an
exemption to allow the following to operate under
stated maximum work times and minimum rest
times for a stated period—
(a) a driver of a fatigue-regulated heavy vehicle;
(b) a class of drivers of fatigue-regulated heavy
vehicles.
Note—
See section 730A for regulation-making powers in
relation to work and rest hours exemption (permits).
62 Amendment of s 287 (Keeping relevant document while
operating under work and rest hours exemption (notice))
Section 287(2) and (3), penalty, ‘$3000’—
omit, insert—
$1500
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[s 63]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 35
Authorised by the Parliamentary Counsel
63 Omission of s 288 (Keeping copy of permit while driving
under work and rest hours exemption (permit))
Section 288—
omit.
64 Amendment of s 291 (Application of Sdiv 1)
Section 291(c) and (d), ‘BFM hours, AFM hours’—
omit, insert—
alternative compliance hours
65 Amendment of s 293 (Driver of fatigue-regulated heavy
vehicle must carry work diary)
Section 293(1), penalty, ‘$6000’—
omit, insert—
$10000
66 Insertion of new s 293A
After section 293—
insert—
293A Regulator may issue written work diaries
(1) The Regulator may issue a written work diary to a
driver of a fatigue-regulated heavy vehicle.
(2) The national regulations may provide for the
following—
(a) applications for a written work diary,
including making and determining an
application;
(b) the form of a written work diary;
(c) the matters that must be contained in a
written work diary.
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[s 67]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 36
Authorised by the Parliamentary Counsel
67 Amendment of s 294 (Purpose of and definition for Sdiv
2)
Section 294(1)(b), ‘BFM hours, AFM hours’—
omit, insert—
alternative compliance hours
68 Amendment of s 295 (National regulations for information
to be included in work diary)
Section 295, after subsection (3)—
insert—
(4) The national regulations may provide for how a
driver’s work time and rest time are counted in the
driver’s work diary.
69 Amendment of s 297 (Information required to be recorded
immediately after starting work)
Section 297(2), penalty, ‘$6000’—
omit, insert—
$4000
70 Omission of Pt 6.4, Div 2, Subdiv 3 (How information
must be recorded in work diary)
Part 6.4, Division 2, Subdivision 3—
omit.
71 Amendment of s 307 (Driver who is record keeper must
notify Regulator if electronic work diary filled up etc.)
Section 307(2) and (3), penalty, ‘$3000’—
omit, insert—
$1500
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Section retrieval-0004 - Heavy Vehicle National Law Amendment Bill 2025 - Document excerpt 4 | Zoe
[s 72]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 37
Authorised by the Parliamentary Counsel
72 Omission of s 308 (What driver must do if lost or stolen
written work diary found or returned)
Section 308—
omit.
73 Amendment of s 309 (Driver must notify record keeper if
electronic work diary filled up etc.)
Section 309(2), penalty, ‘$3000’—
omit, insert—
$1500
74 Amendment of s 312 (What record keeper must do if
electronic work diary destroyed, lost or stolen)
Section 312(2) and (3), penalty, ‘$6000’—
omit, insert—
$3000
75 Amendment of s 314 (How electronic work diary must be
used)
Section 314(2), penalty, ‘$3000’—
omit, insert—
$1500
76 Amendment of s 315 (Ensuring driver complies with
Sdivs 1–4)
(1) Section 315, heading, ‘Sdivs 1–4’—
omit, insert—
Sdivs 1, 2 and 4
(2) Section 315(1), ‘Subdivisions 1, 2, 3 and 4’—
omit, insert—
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[s 77]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
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Authorised by the Parliamentary Counsel
Subdivisions 1, 2 and 4
(3) Section 315(1), penalty, ‘$6000’—
omit, insert—
$10000
77 Amendment of s 317 (Who is a driver’s record keeper)
Section 317(a)—
omit, insert—
(a) the operator of the vehicle, if the driver is
operating under—
(i) the operator’s fatigue alternative
compliance accreditation; or
(ii) a work and rest hours exemption
(permit) granted in combination with
the operator’s fatigue alternative
compliance accreditation;
78 Amendment of Pt 6.4, Div 3, Subdiv 3, hdg (Record
keeping obligations relating to drivers undertaking
100+km work under standard hours or operating under
BFM hours, AFM hours or exemption hours)
Part 6.4, Division 3, Subdivision 3, heading, ‘or operating
under BFM hours, AFM hours’—
omit, insert—
, alternative compliance hours
79 Amendment of s 320 (Application of Sdiv 3)
Section 320(b), ‘BFM hours, AFM hours’—
omit, insert—
alternative compliance hours
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[s 80]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 39
Authorised by the Parliamentary Counsel
80 Amendment of s 321 (Records record keeper must have)
(1) Section 321(3), ‘BFM hours or AFM hours’—
omit, insert—
alternative compliance hours
(2) Section 321(3)(a), ‘BFM accreditation or AFM
accreditation’—
omit, insert—
fatigue alternative compliance accreditation
(3) Section 321(3)(b), from ‘BFM standards’ to ‘business
rules.’—
omit, insert—
safety management system standard.
(4) Section 321(3), note, ‘BFM accreditation or AFM
accreditation’—
omit, insert—
fatigue alternative compliance accreditation
(5) Section 321(8), definitions AFM standards and business rules
and BFM standards and business rules—
omit.
81 Amendment of s 325 (False or misleading entries)
Section 325(1), penalty, ‘$10000’—
omit, insert—
$20000
82 Amendment of s 326 (When possessing, or recording
information in, more than 1 work diary relating to the
same period is prohibited)
Section 326(1), ‘on a daily sheet’—
omit.
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[s 83]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 40
Authorised by the Parliamentary Counsel
83 Amendment of s 327 (Possession of purported work
records etc. prohibited)
Section 327, penalty, ‘$10000’—
omit, insert—
$20000
84 Amendment of s 328 (False representation about work
records prohibited)
Section 328, penalty, ‘$10000’—
omit, insert—
$20000
85 Amendment of s 329 (Defacing or changing work records
etc. prohibited)
Section 329, penalty, ‘$10000’—
omit, insert—
$20000
86 Amendment of s 330 (Making entries in someone else’s
work records prohibited)
Section 330(1), penalty, ‘$10000’—
omit, insert—
$20000
87 Amendment of s 331 (Destruction of particular work
records prohibited)
Section 331, penalty, ‘$10000’—
omit, insert—
$20000
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Clause 6
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Clause 11
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[s 88]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 41
Authorised by the Parliamentary Counsel
88 Amendment of s 332 (Offence to remove pages from
written work diary)
(1) Section 332, ‘daily’ (wherever appearing)—
omit.
(2) Section 332, penalty, ‘$10000’—
omit, insert—
$20000
89 Amendment of s 335 (Person must not tamper with
approved electronic recording system)
Section 335(1), penalty, ‘$10000’—
omit, insert—
$20000
90 Amendment of s 336 (Person using approved electronic
recording system must not permit tampering with it)
Section 336(1), penalty, ‘$10000’—
omit, insert—
$20000
91 Omission of Pt 6.4, Div 6 (Obtaining written work diary)
Part 6.4, Division 6—
omit.
92 Amendment of s 341 (Period for which, and way in which,
records must be kept)
Section 341(2) and (5), penalty, ‘$6000’—
omit, insert—
$4000
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[s 93]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 42
Authorised by the Parliamentary Counsel
93 Amendment of s 351 (Amendment or cancellation of
approval on application)
(1) Section 351(2)(c) and (d)—
omit, insert—
(c) if the application is for an amendment of the
approval—state clearly the amendment
sought and outline the reasons for the
application.
(2) Section 351(6)—
omit, insert—
(6) If the Regulator decides not to amend or cancel
the approval as sought by the applicant, the
Regulator must give the applicant an information
notice for the decision.
94 Amendment of s 358 (Restriction on grant of work diary
exemption (notice))
Section 358(1)(b)(ii), after ‘fatigue’—
insert—
or unfit to drive
95 Replacement of ss 363–374
Sections 363 to 374—
omit, insert—
363 Work diary exemption (permits)
The Regulator may, by giving a person a work
diary exemption (permit), exempt a driver of a
fatigue-regulated heavy vehicle from the
requirement to comply with Subdivisions 1 to 5 of
Division 2 for a stated period.
Clause 1
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[s 96]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
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Authorised by the Parliamentary Counsel
Note—
See section 730A for regulation-making powers in
relation to work diary exemption (permits).
96 Omission of s 377 (Keeping permit or copy while
operating under work diary exemption (permit))
Section 377—
omit.
97 Replacement of ss 383–393
Sections 383 to 393—
omit, insert—
383 Fatigue record keeping exemption (permits)
The Regulator may, by giving a person a fatigue
record keeping exemption (permit), exempt a
record keeper for 1 or more drivers of a
fatigue-regulated heavy vehicle from the
requirement to comply with all or stated
provisions of Division 3 for a stated period.
Note—
See section 730A for regulation-making powers in
relation to fatigue record keeping exemption (permits).
98 Amendment of s 456 (Purpose of Ch 8)
Section 456, after ‘implement’—
insert—
safety
99 Replacement of s 457 (Definitions for Ch 8)
Section 457—
omit, insert—
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[s 100]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
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Authorised by the Parliamentary Counsel
457 Requirements for heavy vehicle operations
that may be subject to alternative compliance
accreditation
The national regulations may prescribe a
requirement under this Law in relation to heavy
vehicle operations in relation to which an
alternative compliance accreditation may be
granted (a prescribed operations requirement).
Example of heavy vehicle operations—
requirements for mass under Part 4.2 or requirements
for driver fatigue under Part 6.3
457A Safety management systems for operators of
heavy vehicles
(1) In this Law, a safety management system, for an
operator of a heavy vehicle, is a group of policies,
systems and procedures relating to the safety of
the operator’s transport activities and the driving
of heavy vehicles.
(2) A safety management system must—
(a) identify public risks associated with the
operator’s transport activities and the
driving of heavy vehicles; and
(b) assess the identified public risks; and
(c) specify the controls to manage and mitigate
the identified public risks.
(3) A safety management system must comply with
the safety management system standard,
including by addressing any matters required to
be addressed by the safety management system
standard.
100 Amendment of s 458 (Regulator’s power to grant heavy
vehicle accreditation)
(1) Section 458, before ‘The’—
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[s 101]
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—
(1)
(2) Section 458—
insert—
(2) The Regulator must not grant alternative
compliance accreditation to an operator unless the
operator also holds general safety accreditation.
101 Amendment of s 459 (Application for heavy vehicle
accreditation)
Section 459(2)(b)(i) to (iii)—
omit, insert—
(i) a statement by the applicant that the
applicant has a safety management system
that complies with the safety management
system standard;
(ii) a statement by an approved auditor that the
auditor considers the applicant’s safety
management system complies with the
safety management system standard;
(iii) any other information required for the
application under the safety management
system standard;
102 Replacement of s 461 (Restriction on grant of heavy
vehicle accreditation)
Section 461—
omit, insert—
461 Restriction on grant of heavy vehicle
accreditation
(1) The Regulator may grant an applicant heavy
vehicle accreditation only if the Regulator is
satisfied—
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[s 102]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
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Authorised by the Parliamentary Counsel
(a) the applicant has a safety management
system for the operations to be carried out
under the accreditation that complies with
the safety management system standard; and
(b) the applicant is able to comply with this
Law, having regard to—
(i) the information provided to the
Regulator under this Part; and
(ii) the matters to which the Regulator may
or must have regard under this section;
and
(c) the applicant is a suitable person to be
granted the accreditation, having regard
to—
(i) the information provided to the
Regulator under this Part; and
(ii) the matters to which the Regulator may
or must have regard under this section.
(2) In deciding an application for heavy vehicle
accreditation, the Regulator must have regard to
the following—
(a) the results of any audits of the applicant’s
safety management system carried out by an
approved auditor in accordance with the
audit standard;
(b) any relevant body of fatigue knowledge.
(3) In deciding an application for heavy vehicle
accreditation, the Regulator must comply with
approved guidelines for granting heavy vehicle
accreditation.
(4) In deciding an application for heavy vehicle
accreditation, the Regulator may also have regard
to other matters the Regulator considers relevant.
(5) The Regulator may grant alternative compliance
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[s 102]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 47
Authorised by the Parliamentary Counsel
accreditation setting particular requirements
different to those sought by the applicant.
(6) The Regulator must not grant alternative
compliance accreditation unless satisfied—
(a) the alternative compliance accreditation—
(i) is consistent with the relevant
prescribed operations requirement; and
(ii) complies with the requirements
prescribed by the national regulations
for the purposes of the prescribed
operations requirement in relation to
which the alternative compliance
accreditation is granted; and
(b) granting alternative compliance
accreditation will result in a standard of
safety that is at least equivalent to the
standard that would be achieved by
compliance with the relevant prescribed
operations requirement.
461A Restriction on grant of fatigue alternative
compliance accreditation
(1) This section applies if the Regulator grants fatigue
alternative compliance accreditation.
(2) The Regulator must specify the alternative
compliance hours that apply to the driver of a
fatigue-regulated heavy vehicle operating under
the fatigue alternative compliance accreditation.
(3) The alternative compliance hours specified by the
Regulator must comply with the standard for
alternative compliance hours.
(4) In specifying alternative compliance hours for a
fatigue alternative compliance accreditation, the
Regulator—
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[s 103]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
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Authorised by the Parliamentary Counsel
(a) must be satisfied the alternative compliance
hours appear to provide a safe balance
between work, rest, risk management and
fatigue countermeasures; and
(b) must not set alternative compliance hours
the Regulator considers would be unsafe,
having regard to—
(i) the applicant’s safety management
system; and
(ii) any relevant body of fatigue
knowledge.
103 Amendment of s 462 (Conditions of heavy vehicle
accreditation)
(1) Section 462(1), from ‘comply’ to ‘rules’—
omit, insert—
have a safety management system that complies
with the safety management system standard
(2) Section 462(2)(b), ‘relevant’—
omit, insert—
safety
(3) Section 462(2)(c), ‘effectively.’—
omit, insert—
effectively; and
(4) Section 462(2)—
insert—
(d) a condition requiring a label to be attached
to a heavy vehicle operating under the
accreditation.
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