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Authorised by the Parliamentary Counsel
(b) self-employment or conduct of a business as
a sole trader or as a partner in a partnership;
and
(c) holding office as an executive officer of a
corporation; and
(d) holding office as an officer of an
unincorporated body.
138 Amendment of s 665 (Terms of office of members)
Section 665(2)—
omit, insert—
(2) If otherwise qualified, a member of the Board is
eligible for reappointment but must not hold
office for—
(a) more than 3 consecutive terms; or
(b) a cumulative period of more than 10 years.
139 Amendment of s 667 (Vacancy in office of member)
Section 667(2)—
omit, insert—
(2) The Queensland Minister may remove a member
of the Board from office if the responsible
Ministers recommend the removal of the member
on the basis that—
(a) the member has engaged in misconduct; or
(b) the member has failed to or is unable to
properly exercise the member’s functions as
a member of the Board; or
(c) the member has engaged in paid
employment without the approval of the
responsible Ministers; or
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Authorised by the Parliamentary Counsel
(d) there is a material conflict of interest
between the member’s employment or other
activities and the functions of the Board.
140 Amendment of s 695 (Corporate plans)
(1) Section 695(1), from ‘and’ to ‘the Ministers’—
omit.
(2) Section 695, after subsection (1)—
insert—
(1A) The Regulator must, 30 days before the end of
each financial year, give the corporate plan to the
responsible Ministers for approval by the
Ministers.
141 Amendment of s 696 (Application of particular
Queensland Acts to this Law)
Section 696(1)(b)—
omit, insert—
(b) the Public Records Act 2023 of Queensland;
142 Amendment of s 701 (False or misleading statements)
(1) Section 701(1), penalty, ‘$10000’—
omit, insert—
$20000
(2) Section 701(2), penalty, ‘$8000’—
omit, insert—
$15000
143 Amendment of s 702 (False or misleading documents)
(1) Section 702(1), penalty, ‘$10000’—
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omit, insert—
$20000
(2) Section 702(3), penalty, ‘$8000’—
omit, insert—
$15000
144 Amendment of s 703 (False or misleading information
given by responsible person to another responsible
person)
(1) Section 703(1), penalty, ‘$10000’—
omit, insert—
$20000
(2) Section 703(2), penalty, ‘$8000’—
omit, insert—
$15000
145 Amendment of s 704 (Offence to falsely represent that
heavy vehicle authority is held etc.)
Section 704(1), (2) and (3), penalty, ‘$10000’—
omit, insert—
$20000
146 Replacement of Pt 13.2 (Industry codes of practice)
Part 13.2—
omit, insert—
Part 13.2 Codes of practice
705 Regulator may issue codes of practice
(1) The Regulator may issue a code of practice that
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Section retrieval-0006 - Heavy Vehicle National Law Amendment Bill 2025 - Document excerpt 6 | Zoe
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Authorised by the Parliamentary Counsel
relates to compliance with duties and obligations
under this Law for parties in the chain of
responsibility and drivers of heavy vehicles.
(2) The Regulator may amend or revoke a code of
practice.
(3) The Regulator must not issue or amend a code of
practice unless—
(a) a draft code of practice or draft amendment
has been made publicly available for at least
42 days; and
(b) the Regulator has considered any
submissions received during that period.
(4) The Regulator must not revoke a code of practice
unless—
(a) notice of the intention to revoke the code of
practice has been made publicly available
for at least 42 days; and
(b) the Regulator has considered any
submissions received during that period.
(5) Subsection (3) does not apply to an amendment of
a code of practice that the Regulator considers
minor.
(6) Subsections (3) and (4) do not apply to an
amendment or revocation of a code of practice
resulting from a direction from the responsible
Ministers under section 706.
(7) The Regulator must ensure a copy of each code of
practice, as in force from time to time, is
published on the Regulator’s website.
(8) The Regulator incurs no liability for loss or
damage suffered by a person because the person
relied on a code of practice issued by the
Regulator under this section.
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Authorised by the Parliamentary Counsel
706 Responsible Ministers may give directions
relating to codes of practice
(1) The responsible Ministers may direct the
Regulator to amend or revoke a code of practice
issued by the Regulator under section 705.
(2) The responsible Ministers may give a direction
under subsection (1) only if satisfied the
amendment or revocation is necessary to ensure
the code of practice is not—
(a) unreasonable or impractical; or
(b) inconsistent with the purpose or object of
this Law.
(3) The Regulator must comply with a direction given
to the Regulator by the responsible Ministers
under subsection (1).
(4) The Regulator must publish a copy of the
direction on the Regulator’s website.
(5) The Regulator’s annual report must include—
(a) a copy of any directions given to the
Regulator in the year to which the report
relates; and
(b) the action taken by the Regulator to comply
with the directions.
147 Amendment of s 711 (Evidence by certificate by
Regulator generally)
Section 711(1)(n)—
omit.
148 Amendment of s 727 (Definitions for Pt 13.4)
Section 727(1), definition driver fatigue provision, paragraph
(b), ‘BFM accreditation or AFM accreditation’—
omit, insert—
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fatigue alternative compliance accreditation
149 Insertion of new s 730A
After section 730—
insert—
730A National regulations about exemption and
authorisation (permits)
(1) This section applies to the following—
(a) a class 2 heavy vehicle authorisation
(permit);
(b) a fatigue record keeping exemption
(permit);
(c) a mass or dimension exemption (permit);
(d) a vehicle standards exemption (permit);
(e) a work and rest hours exemption (permit);
(f) a work diary exemption (permit).
(2) Without limiting any other provision of this Law,
the national regulations may provide for the
following in relation to a permit to which this
section applies—
(a) applications for a permit, including making
and determining an application;
(b) the maximum period for which a permit
may be granted;
(c) the fees payable, if any, for a permit;
(d) the grounds on which a permit must or may
be granted;
(e) the imposition by the Regulator of
conditions on a permit;
(f) the form of a permit;
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(g) the amendment, suspension and cancellation
of a permit, including by the permit holder
and the Regulator;
(h) requirements to keep a copy of a permit;
(i) other matters relating to permits.
150 Omission of s 751 (Expiry of industry codes of practice)
Section 751—
omit.
151 Insertion of new Pt 14.5
After Part 14.4—
insert—
Part 14.5 Heavy Vehicle National
Law Amendment Act
2025 (Queensland)
760 Definition for Pt 14.5
In this Part—
amendment Act means the Heavy Vehicle
National Law Amendment Act 2025
(Queensland).
761 Existing heavy vehicle accreditation
(1) An amendment made by the amendment Act does
not apply in relation to a heavy vehicle
accreditation in force immediately before the
commencement of the amendment (an existing
heavy vehicle accreditation).
(2) This Law, as in force immediately before the
commencement of the amendment Act, continues
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Authorised by the Parliamentary Counsel
to apply in relation to an existing heavy vehicle
accreditation until the accreditation expires or is
cancelled.
762 National Heavy Vehicle Regulator Board
Section 663(2A), as inserted by the amendment
Act, does not apply to a person who, on the
commencement of the amendment Act, is a
member of the Board.
152 Amendment of Sch 2 (Subject matter for conditions of
mass or dimension authorities)
Schedule 2, authorising provision, ‘sections 119, 125 and
146’—
omit, insert—
section 119
153 Amendment of Sch 3 (Reviewable decisions)
(1) Schedule 3, Part 1—
omit the following entries—
section 68 decision of Regulator to grant a vehicle standards
exemption (permit) for a period less than the
period of not more than 3 years sought by the
applicant
section 71 decision of Regulator to impose on a vehicle
standards exemption (permit) a condition not
sought by the applicant
section 75 decision of Regulator not to make a decision
sought in an application for amendment or
cancellation of a vehicle standards exemption
(permit)
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section 76 decision of Regulator to amend or cancel a
vehicle standards exemption (permit)
section 77 decision of the Regulator to immediately suspend
a vehicle standards exemption (permit)
section 80 decision of Regulator not to give a replacement
permit for a vehicle standards exemption (permit)
section 122 decision of Regulator to grant a mass or
dimension exemption (permit) for a period less
than the period of not more than 3 years sought by
the applicant
section 125 decision of Regulator to impose on a mass or
dimension exemption (permit) a condition not
sought by the applicant and not a road condition
or travel conditions required by a relevant road
manager for the exemption
section 143 decision of Regulator to grant a class 2 heavy
vehicle authorisation (permit) for a period less
than the period of not more than 3 years sought by
the applicant
section 146 decision of Regulator to impose on a class 2
heavy vehicle authorisation (permit) a condition
not sought by the applicant and not a road
condition or travel condition required by a
relevant road manager for the authorisation
section 176 decision of Regulator not to make a decision
sought in an application for amendment of a mass
or dimension authority granted by giving a person
a permit
section 177 decision of Regulator to amend or cancel a mass
or dimension authority granted by giving a person
a permit, other than at the request of a relevant
road manager
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section 179 decision of Regulator to immediately suspend a
mass or dimension authority granted by giving a
person a permit
section 182 decision of Regulator not to give a replacement
permit for a mass or dimension authority
section 273 decision of Regulator to grant a work and rest
hours exemption (permit) for a period less than
the period of not more than 3 years sought by the
applicant
section 276 decision of Regulator to impose on a work and
rest hours exemption (permit) a condition not
sought by the applicant
section 280 decision of Regulator not to make a decision
sought in an application for the amendment or
cancellation of a work and rest hours exemption
(permit)
section 281 decision of Regulator to amend or cancel a work
and rest hours exemption (permit)
section 282 decision of Regulator to immediately suspend a
work and rest hours exemption (permit)
section 285 decision of Regulator not to give a replacement
permit for a work and rest hours exemption
(permit)
section 363 decision of Regulator to grant a work diary
exemption (permit) for a period less than the
period of not more than 3 years sought by the
applicant
section 366 decision of Regulator to impose on a work diary
exemption (permit) a condition not sought by the
applicant
section 370 decision of Regulator not to make a decision
sought in an application for the amendment or
cancellation of a work exemption (permit)
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section 371 decision of Regulator to amend or cancel a work
diary exemption (permit)
section 374 decision of Regulator not to give a replacement
permit for work diary exemption (permit)
section 383 decision of Regulator to grant a fatigue record
keeping exemption (permit) in a way that does not
cover all the drivers sought by the applicant
section 383 decision of Regulator to grant a fatigue record
keeping exemption (permit) setting conditions
different from those sought by the applicant
section 385 decision of Regulator to impose a condition on a
fatigue record keeping exemption (permit)
section 387 decision of Regulator to give a fatigue record
keeping exemption (permit) for a period less than
the period of not more than 3 years sought by the
applicant
section 388 decision of Regulator not to grant a fatigue record
keeping exemption (permit)
section 389 decision of Regulator not to make a decision
sought in an application for amendment or
cancellation of a fatigue record keeping
exemption (permit)
section 390 decision of Regulator to amend or cancel a fatigue
record keeping exemption (permit)
section 393 decision of Regulator not to give a replacement
fatigue record keeping exemption permit
section 458 decision of Regulator to grant an AFM
accreditation setting maximum work times and
minimum rest times different to the maximum
work times and minimum rest times sought by the
applicant