Heavy Vehicle National Law Application Act 2013 (Victoria)

This Act applies the Heavy Vehicle National Law (HVNL) to Victoria, makes a series of jurisdiction‑specific definitions and administrative allocations, and modifies procedural, evidentiary and tribunal arrangements so the HVNL operates as a Victorian Act. Section 4 gives the HVNL, as contained in the Queensland Schedule to the Heavy Vehicle National Law Act 2012, the status of a law of Victoria, “as if it were an Act” (s 4). The Act then maps Victorian institutions, procedures and other State laws onto the national scheme so the HVNL is operable in this jurisdiction.

Mechanically the Act does the following things (selected highlights, with section references):

Declares how the HVNL is to be read and enforced in Victoria, including identifying the Regulator’s functions and how national regulations are to be treated (s 4; s 6).
Excludes a set of Victorian Acts from applying to the HVNL (s 5), while preserving those Acts’ application to public sector bodies and employees exercising functions under the HVNL (s 5(2)) and making particular carve‑outs for authorised officers exercising functions under the Road Management Act 2004 or Road Safety Act 1986 (s 5(4A)).
Assigns who performs core HVNL functions in Victoria: the Head, Transport for Victoria as road authority and the Secretary for particular purposes (s 17); councils as local government authorities (s 14); VCAT and the Magistrates’ Court as the relevant tribunal(s) for specified parts (s 15); and a magistrate as an authorised warrant official (s 11).
Sets evidentiary presumptions for proving speed, distance, mass and device testing and sealing (ss 32-38, 36A), and prescribes how average speed is calculated (s 32(2) , D = metres, T = seconds; formula yields km/h rounded down).

Version No. 026

Heavy Vehicle National Law Application Act 2013

No. 30 of 2013

Version incorporating amendments as at
6 August 2025

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 1

Part 2—Application of Heavy Vehicle National Law 3

4 Application of Heavy Vehicle National Law 3

5 Exclusion of legislation of this jurisdiction 3

6 Disallowance of national regulations 5

7 Rail replacement buses and buses responding to an emergency exemption 6

8 Return of seized things or samples 8

9 Use of certificates in assessing compensation 8

9A Additional powers and functions of the Regulator—authorised officers under Victorian Acts 8

Part 3—Meaning of terms for Heavy Vehicle National Law (Victoria) 10

10 Meaning of generic terms in Heavy Vehicle National Law for the purposes of this jurisdiction 10

11 Authorised warrant official 10

12 Authorised officer 10

13 Infringement Notice Offences Law 11

14 Local government authority 11

15 Relevant tribunal or court 11

16 Responsible Minister 12

17 Road authority 12

18 Road manager 12

19 Road Rules 15

20 Meaning of road and road-related area 15

21 Meaning of convicts and convicted of an offence 16

22 Primary WHS Law 16

23 Power to forfeit particular things or samples 16

24 Infringement offence under the Heavy Vehicle National Law (Victoria) 16

25 Infringement penalty 17

26 Review of decision by VCAT 17

27 Meaning of relevant law 17

28 Toll road authority 17

Part 4—Offences and legal proceedings 19

Division 1—General 19

29 No double jeopardy 19

31 Persons who may commence proceedings for offences 19

Division 2—Evidentiary provisions for offences against the Heavy Vehicle National Law (Victoria) or national regulations 21

32 Average speed evidence of actual speed in certain circumstances 21

33 Evidence of road distance 22

34 Evidence of speed 23

35 Evidence of engine management system data 23

36 Certain matters indicated by prescribed road safety cameras are evidence 24

36A Evidence of mass 25

37 Evidence of testing and sealing 26

38 Evidence relating to prescribed road safety cameras 26

Part 6—General 28

Division 1—Regulations 28

54 Regulations 28

Division 2—Savings and transitional provisions 28

56 Definitions 28

57 Authorised officers 29

58 Fatigue management 29

59 Work diary 29

Division 3—Savings and transitional arrangements—Transport Legislation Amendment Act 2019 30

59A Application of Interpretation of Legislation Act 1984 30

Part 7—Consequential amendments 31

60 Consequential amendments 31

61 Repeal 31

Schedule 32

═══════════════

Endnotes 41

1 General information 41

2 Table of Amendments 43

3 Explanatory details 46

Version No. 026

Heavy Vehicle National Law Application Act 2013

No. 30 of 2013

Version incorporating amendments as at
6 August 2025

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purposes

The main purposes of this Act are—

(a) to provide for the application of a National Law to regulate the use of heavy vehicles; and

(b) to make related and consequential amendments to other Acts.

2 Commencement

This Act comes into operation on a day or days to be proclaimed.

3 Definitions

(1) In this Act—

S. 3(1) def. of Head, Transport for Victoria inserted by No. 49/2019 s. 141(b).

Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

Heavy Vehicle National Law (Victoria) means the provisions applying in this jurisdiction because of section 4;

magistrate means a magistrate within the meaning of the Magistrates' Court Act 1989;

S. 3(1) def. of member of the force inserted by No. 35/2014 s. 59, repealed by No. 37/2014 s. 10(Sch. item 79.1(b)).

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 79.1(a)).

police officer has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of Roads Corporation repealed by No. 49/2019 s. 141(a).

Scrutiny of Acts and Regulations Committee means the committee established under section 5(k) of the Parliamentary Committees Act 2003;

S. 3(1) def. of Secretary inserted by No. 49/2019 s. 141(b), amended by No. 25/2025 s. 106(Sch. 1 item 20).

Secretary means the Secretary to the Department of Transport and Planning;

this jurisdiction means Victoria.

(2) Terms used in this Act and also in the Heavy Vehicle National Law set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland have the same meanings in this Act as they have in that law.

Part 2—Application of Heavy Vehicle National Law

4 Application of Heavy Vehicle National Law

The Heavy Vehicle National Law, as in force from time to time, set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland—

S. 4(a) amended by No. 49/2019 s. 142.

(a) applies as a law of this jurisdiction; and

(b) as so applying may be referred to as the Heavy Vehicle National Law (Victoria); and

5 Exclusion of legislation of this jurisdiction

(1) The following Acts of this jurisdiction do not apply to the Heavy Vehicle National Law (Victoria) or to instruments made under that Law—

(a) the Financial Management Act 1994;

(b) the Freedom of Information Act 1982;

S. 5(1)(c) repealed by No. 60/2014 s. 140(Sch. 3 item 26.1).

(d) the Interpretation of Legislation Act 1984, other than sections 11, 13 and 46A;

(e) the Monetary Units Act 2004;

S. 5(1)(ea) inserted by No. 60/2014 s. 140(Sch. 3 item 26.2).

(ea) the Privacy and Data Protection Act 2014;

(f) the Public Administration Act 2004;

(g) the Public Records Act 1973;

(h) the Subordinate Legislation Act 1994 (except as provided by section 6).

S. 5(2) amended by No. 70/2016 s. 52.

(2) However, the Acts referred to in subsection (1)(a), (b), (ea), (f) and (g) apply to a public sector body or a public sector employee exercising a function under the Heavy Vehicle National Law (Victoria).

(3) The Audit Act 1994 does not apply to the Heavy Vehicle National Law (Victoria) or to instruments made under that law, except to the extent that that law and those instruments apply to—

(a) a public sector body and the employees, decisions, actions and records of the public sector body in carrying out a function; or

(b) the Auditor-General in carrying out an audit as required by a national regulation made under section 693(3)(b) of the Heavy Vehicle National Law (Victoria).

(4) For the avoidance of doubt—

(a) subsection (1)(d) does not limit the application of the Interpretation of Legislation Act 1984 to a provision of this Act;

(b) subsection (1)(h) does not limit the application of the Subordinate Legislation Act 1994 to regulations made under section 54 of this Act.

S. 5(4A) inserted by No. 49/2019 s. 194(1).

(4A) The following Acts of this jurisdiction do not apply to a relevant authorised officer when the officer is performing a function or exercising a power under the Road Management Act 2004 or the Road Safety Act 1986—

(a) the Audit Act 1994;

(b) the Financial Management Act 1994;

(d) the Monetary Units Act 2004;

(e) the Privacy and Data Protection Act 2014;

(f) the Public Administration Act 2004;

(g) the Public Records Act 1973.

(5) In this section—

public sector body has the same meaning as in the Public Administration Act 2004;

S. 5(5) def. of public sector employee amended by No. 49/2019 s. 194(2)(a).

public sector employee has the same meaning as in the Public Administration Act 2004;

S. 5(5) def. of relevant authorised officer inserted by No. 49/2019 s. 194(2)(b).

relevant authorised officer means a member of staff of the Regulator who is—

(a) an authorised officer within the meaning of the Road Management Act 2004; or

(b) an authorised officer for the purposes of section 13, 16, 74 or Part 9 of the Road Safety Act 1986; or

(b) authorised for the purposes of section 53 or 59 of the Road Safety Act 1986.

6 Disallowance of national regulations

(1) Section 15(1) and Part 5 (except sections 21(1)(ga) and (j)) of the Subordinate Legislation Act 1994 apply to a national regulation as if—

(a) the national regulation were a statutory rule within the meaning of that Act; and

S. 6(1)(b) amended by No. 74/2013 s. 20.

(b) a reference in section 15(1) or 23(2)(a)(ii) of that Act to the publication of notice of the making of the statutory rule in the Government Gazette under section 17(2) of that Act were a reference to the later of—

(i) the publication of the national regulation under section 733 of the Heavy Vehicle National Law (Victoria);

(ii) the day this section comes into operation.

Note

Section 15(1) of the Subordinate Legislation Act 1994 requires that a statutory rule be laid before each House of Parliament. Part 5 of that Act provides for the suspension or disallowance of statutory rules in certain circumstances.

(2) If a national regulation is disallowed in whole or in part under the Subordinate Legislation Act 1994, then despite anything to the contrary in that Act, the disallowed regulation does not, or the disallowed part does not, cease to have effect in this jurisdiction unless the disallowed regulation, or disallowed part, is disallowed in a majority of the participating jurisdictions.

(3) In such a case, the disallowed regulation, or disallowed part, ceases to have effect on the date that regulation or part is disallowed in the last of the participating jurisdictions forming the majority of participating jurisdictions.

7 Rail replacement buses and buses responding to an emergency exemption

(1) Chapter 6 of the Heavy Vehicle National Law (Victoria) does not apply to a person in the course of carrying out his or her duties as—

(a) a driver for a rail replacement bus service who is responding to a rail disruption; or

S. 7(1)(b) amended by No. 7/2019 s. 40(a).

(b) a driver for a bus service who is responding to an emergency; or

S. 7(1)(c) inserted by No. 7/2019 s. 40(b).

(2) In this section—

bus service has the same meaning as in the Bus Safety Act 2009;

emergency means an event, or an anticipated event, that—

(a) endangers, or may endanger life, property or the environment; or

(b) has disrupted, or may disrupt, communications, energy, water supply or sewerage services; or

(i) the Commonwealth or a State or Territory; or

(ii) a Commonwealth, State or Territory authority responsible for managing responses to emergencies or disasters;

rail disruption means the unplanned disruption of a rail service that is sufficiently serious to require the provision of a rail replacement bus service;

rail replacement bus service means a bus service (operated by an accredited bus operator within the meaning of the Bus Safety Act 2009) which carries passengers of a disrupted rail service;

rail service means a train service or a tram service.

8 Return of seized things or samples

Section 556 of the Heavy Vehicle National Law (Victoria) applies as if after section 556(4) there were inserted—

"(4A) If the relevant tribunal or court is not satisfied as set out in subsection (4), it may—

(a) make an order for the return of the thing or sample to the person from whom it was seized or to the owner if that person is not entitled to possess it; or

(b) make an order that the thing or sample be forfeited to the State and—

(i) destroyed in accordance with the order; or

(ii) sold in accordance with the order and the proceeds of the sale paid into the Consolidated Fund.

(4B) An order made under subsection (4A)(b) cannot take effect before the end of any applicable appeal period or the determination of any appeal made within that period.".

9 Use of certificates in assessing compensation

Section 613(1) of the Heavy Vehicle National Law (Victoria) applies as if a reference in that section to 28 days were a reference to 60 days.

S. 9A inserted by No. 49/2019 s. 195, substituted by No. 41/2020 s. 6.

9A Additional powers and functions of the Regulator—authorised officers under Victorian Acts

(1) Section 658 of the Heavy Vehicle National Law (Victoria) applies as if after section 658(2) there were inserted—

"(3) In addition, without limiting subsection (1), the Regulator may exercise the powers conferred on the Regulator under the Road Safety Act 1986.".

(2) Section 659 of the Heavy Vehicle National Law (Victoria) applies as if after section 659(2)(n) there were inserted—

"(o) to make available members of staff of the Regulator to be—

(i) authorised officers within the meaning of the Road Management Act 2004; or

(ii) authorised officers for the purposes of section 13, 16 or 74 or Part 9 of the Road Safety Act 1986; or

(iii) authorised for the purposes of section 53, 59 or 77 of the Road Safety Act 1986; or

(iv) authorised by or under a prescribed Act to perform functions or exercise powers under that Act;

(p) any other functions conferred on the Regulator under the Road Safety Act 1986.".

Part 3—Meaning of terms for Heavy Vehicle National Law (Victoria)

10 Meaning of generic terms in Heavy Vehicle National Law for the purposes of this jurisdiction

In the Heavy Vehicle National Law (Victoria)—

S. 10 def. of Roads Corporation repealed by No. 49/2019 s. 143.

this jurisdiction means Victoria.

11 Authorised warrant official

A magistrate is declared to be an authorised warrant official for this jurisdiction for the purposes of the Heavy Vehicle National Law (Victoria).

Note

See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of authorised warrant official.

12 Authorised officer

S. 12(1) amended by No. 37/2014 s. 10(Sch. item 79.2).

(1) A police officer authorised by the Chief Commissioner of Police is declared to be an authorised officer for the purposes of Part 9.2 of the Heavy Vehicle National Law (Victoria).

S. 12(2) amended by No. 37/2014 s. 10(Sch. item 79.2).

(2) Any police officer is declared to be an authorised officer for the purposes of the Heavy Vehicle National Law (Victoria) other than Part 9.2.

S. 12(3) repealed by No. 35/2014 s. 60(1).

Note to s. 12 inserted by No. 35/2014 s. 60(2).

Note

See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of authorised officer.

S. 13 amended by No. 47/2014 s. 266 (ILA s. 39B(1)).

13 Infringement Notice Offences Law

(1) The Infringements Act 2006 and the regulations made under that Act are declared to be the Infringement Notice Offences Law for the purposes of the Heavy Vehicle National Law (Victoria).

S. 13(2) inserted by No. 47/2014 s. 266.

(2) The Fines Reform Act 2014 and the regulations made under that Act are declared to be the Infringement Notice Offences Law for the purposes of enforcing an infringement notice issued under the Heavy Vehicle National Law (Victoria).

Note

See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of Infringement Notice Offences Law.

S. 14 amended by No. 9/2020 s. 390(Sch. 1 item 52).

14 Local government authority

A Council within the meaning of the Local Government Act 2020 is declared to be a local government authority for this jurisdiction for the purposes of the Heavy Vehicle National Law (Victoria).

Note

See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of local government authority.

S. 15 substituted by No. 49/2019 s. 144.

15 Relevant tribunal or court

(1) VCAT is declared to be the relevant tribunal or court for this jurisdiction for the purposes of the Heavy Vehicle National Law (Victoria) other than Division 2 of Part 9.4 and Part 10.1A of that Law.

Note

See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of relevant tribunal or court.

(2) The Magistrates' Court is declared to be the relevant tribunal or court for this jurisdiction for the purposes Division 2 of Part 9.4 and Part 10.1A of the Heavy Vehicle National Law (Victoria).

16 Responsible Minister

The Minister responsible for administering this Act is nominated as the responsible Minister for this jurisdiction for the purposes of the Heavy Vehicle National Law (Victoria).

Note

See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of responsible Minister.

S. 17 substituted by No. 49/2019 s. 145.

17 Road authority

(1) The Head, Transport for Victoria is declared to be the road authority for this jurisdiction for the purposes of the Heavy Vehicle National Law (Victoria) other than section 712(a), (b) and (c).

Note

See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of road authority.

(2) In addition, the Secretary is declared to be a road authority for this jurisdiction for the purposes of section 712 of the Heavy Vehicle National Law (Victoria).

18 Road manager

(1) The following entities are declared to be the road manager for the following roads for the purposes of the Heavy Vehicle National Law (Victoria)—

S. 18(1)(a) amended by No. 49/2019 s. 146.

(a) the Secretary for—

(i) a freeway;

(ii) an arterial road;

(iii) the Extension road;

(iv) the Link road;

(v) the EastLink;

(vi) the Peninsula Link Freeway;

S. 18(1)(a)(vii) inserted by No. 8/2019 s. 109(1).

(vii) the West Gate Tunnel tollway;

S. 18(1)(a)(viii) inserted by No. 18/2020 s. 132(a).

(viii) the North East Link road;

(b) the relevant responsible road authority under section 37(1)(c) or (d) of the Road Management Act 2004 for a non-arterial State road;

(d) the owner of the road for any other road.

Note

See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of road manager.

(2) An entity referred to in subsection (1) may enter into an arrangement with another such entity to transfer a function of the entity in relation to a road to that other entity.

(3) If an arrangement is in force under subsection (2), a reference in the Heavy Vehicle National Law (Victoria) to the road manager for the road in relation to the function transferred is taken to be a reference to the entity to which the function has been transferred.

(4) In this section—

arterial road has the same meaning as in the Road Management Act 2004;

EastLink has the same meaning as in the EastLink Project Act 2004;

Extension road has the same meaning as in the Melbourne City Link Act 1995;

freeway has the same meaning as in the Road Management Act 2004;

Link road has the same meaning as in the Melbourne City Link Act 1995;

municipal road has the same meaning as in the Road Management Act 2004;

non-arterial State road has the same meaning as in the Road Management Act 2004;

S. 18(4) def. of North East Link road inserted by No. 18/2020 s. 132(b).

North East Link road has the same meaning as in the North East Link Act 2020;

S. 18(4) def. of Peninsula Link Freeway substituted by No. 8/2019 s. 109(2).

Peninsula Link Freeway has the same meaning as in the Road Management Act 2004;

S. 18(4) def. of West Gate Tunnel tollway inserted by No. 8/2019 s. 109(2).

West Gate Tunnel tollway has the same meaning as in the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019.

S. 19 amended by No. 7/2019 s. 35.

19 Road Rules

The Road Rules within the meaning of section 3(1) of the Road Safety Act 1986 are declared to be the Road Rules for the purposes of the Heavy Vehicle National Law (Victoria).

Note

See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of Road Rules.

20 Meaning of *road* and *road-related area*

(1) If a declaration of a place or class of places to
be a road or roads or a road related area or road related areas for the purposes of the Road Safety Act 1986 in an Order made under section 3(2)(a) of that Act is in force, it is taken to be a declaration of the area to which it relates to be a road or road-related area (as the case requires) for the purposes of the Heavy Vehicle National Law (Victoria).

Note

Section 8(3) of the Heavy Vehicle National Law (Victoria) provides for the declaration of an area to be a road or road-related area for the purposes of that Law.

(2) If a declaration of a place or class of places not to be a road or roads or a road related area or road related areas for the purposes of the Road Safety Act 1986 in an Order made under section 3(2)(a) of that Act is in force, the area to which the declaration relates is taken not to be a road or road-related area (as the case requires) for the purposes of the Heavy Vehicle National Law (Victoria).

21 Meaning of *convicts* and *convicted of an offence*

For the avoidance of doubt, section 9(1) of the Heavy Vehicle National Law (Victoria) applies only for the purposes of that Law and offences under that Law and not for the purposes of any other law of this jurisdiction.

22 Primary WHS Law

The Occupational Health and Safety Act 2004 and the regulations made under that Act are declared to be the primary WHS Law for the purposes of the Heavy Vehicle National Law (Victoria).

Note

See section 18(4) of the Heavy Vehicle National Law (Victoria) for the definition of primary WHS Law.

S. 23 amended by No. 37/2014 s. 10(Sch. item 79.3).

23 Power to forfeit particular things or samples

The Victoria Police Act 2013 is the applicable legislation for the purposes of section 561(4)(b) of the Heavy Vehicle National Law (Victoria).

Note

Section 561(4)(b) of the Heavy Vehicle National Law (Victoria) makes provision for dealing with things or samples seized by a police officer.

24 Infringement offence under the Heavy Vehicle National Law (Victoria)

An offence for which an infringement notice may be served under section 591 of the Heavy Vehicle National Law (Victoria) is an infringement offence for the purposes of the Infringements Act 2006.

25 Infringement penalty

The infringement penalty for a prescribed offence within the meaning of section 591 of the Heavy Vehicle National Law (Victoria) is 10% of the maximum penalty for the offence.

Note

Section 591(3) of the Heavy Vehicle National Law (Victoria) sets out the meaning of prescribed offence. Section 596(3) of the Heavy Vehicle National Law (Victoria) provides for the maximum penalty for an offence applicable to a body corporate. Section 737 of the Heavy Vehicle National Law (Victoria) sets out the method for increasing a penalty amount each 1 July.

26 Review of decision by VCAT

(1) A reference in the Heavy Vehicle National Law (Victoria) to an appeal against a review decision under Part 11.3 of that Law is a reference to an application to VCAT for review of the decision in accordance with the Victorian Civil and Administrative Tribunal Act 1998.

(2) For the avoidance of doubt, the Heavy Vehicle National Law (Victoria) is an enabling enactment for the purposes of the Victorian Civil and Administrative Tribunal Act 1998.

27 Meaning of *relevant law*

The Road Safety Act 1986 is the law specified for the purposes of the definition of relevant law in section 727(1) of the Heavy Vehicle National Law (Victoria).

28 Toll road authority

Each of the following is an entity for the purposes of paragraph (h) of the definition of authorised use in section 727(1) of the Heavy Vehicle National Law (Victoria)—

(a) the relevant corporation within the meaning of the Melbourne City Link Act 1995;

(b) the Freeway Corporation within the meaning of the EastLink Project Act 2004;

S. 28(ba) inserted by No. 8/2019 s. 110.

(ba) the West Gate Tunnel Corporation within the meaning of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019;

S. 28(bb) inserted by No. 18/2020 s. 133.

(bb) the relevant North East Link Tolling Corporation within the meaning of the North East Link Act 2020;

S. 28(c) amended by No. 49/2019 s. 147.

(c) any other person the Head, Transport for Victoria, by notice published in the Government Gazette, declares to be an entity for the purposes of that paragraph.

Part 4—Offences and legal proceedings

Division 1—General

29 No double jeopardy

If—

(a) an act or omission is an offence against the Heavy Vehicle National Law (Victoria) or the national regulations and is also an offence against a law of another participating jurisdiction; and

(b) the offender has been punished for the offence under the law of the other jurisdiction—

the offender is not liable to be punished for the offence against the Heavy Vehicle National Law (Victoria) or the national regulations.

S. 30 repealed by No. 49/2019 s. 148.

31 Persons who may commence proceedings for offences

(1) A proceeding for an offence against the Heavy Vehicle National Law (Victoria) or the national regulations may be commenced by—

(a) the Regulator; or

S. 31(1)(b) repealed by No. 49/2019 s. 149(a).

S. 31(1)(ba) inserted by No. 35/2014 s. 61(1), amended by No. 45/2015 s. 3(a).

(ba) a police officer; or

S. 31(1)(c) repealed by No. 49/2019 s. 149(a).

(d) an employee of the Victorian Public Service who is authorised in writing to do so either generally or in any particular case by the Regulator; or

S. 31(1)(e) amended by Nos 35/2014 s. 61(2), 45/2015 s. 3(b), 49/2019 s. 149(b).

(e) an authorised officer (other than a police officer) who is authorised in writing to do so either generally or in any particular case by the Regulator or the Secretary.

S. 31(1)(f) repealed by No. 35/2014 s. 61(3).

(2) An authorisation under subsection (1) is sufficient authority to continue proceedings in any case where the court amends the charge-sheet, warrant or summons.

(3) Any person authorised under subsection (1) may conduct before a court any proceedings for an offence against the Heavy Vehicle National Law (Victoria) or the national regulations.

Division 2—Evidentiary provisions for offences against the Heavy Vehicle National Law (Victoria) or national regulations

32 Average speed evidence of actual speed in certain circumstances

(1) If, in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations—

(a) the speed at which a heavy vehicle travelled is relevant; and

(b) the prosecution relies on the average speed of the heavy vehicle between 2 points on a road as determined in accordance with subsection (2)—

the average speed so determined is evidence, and in the absence of evidence of the actual speed of the heavy vehicle to the contrary is proof, of the speed of the heavy vehicle.

(2) For the purposes of subsection (1), the average speed of a heavy vehicle between 2 points on a road expressed in kilometres per hour is calculated in accordance with the following formula and rounded down to the next whole number—

View image in the official source

where—

D is the shortest distance, expressed in metres, that would be travelled by a heavy vehicle on the road between the 2 points;

T is the time, expressed in seconds (including any part of a second), that has elapsed between the heavy vehicle passing the first and second points.

Example

In 16·2 seconds a heavy vehicle travels between two points that are 400 metres apart. 400 × 3·6 divided by 16·2 equals 88·9 or, when rounded down to the next whole number, gives a result of 88. Therefore, for the purpose of subsection (1), the average speed of the heavy vehicle is 88 kilometres per hour.

(3) This section does not derogate from any other mode of proof of the speed of the heavy vehicle.

(4) For the purpose of a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, in which the speed at which a heavy vehicle travelled is relevant, if a heavy vehicle that is being towed is attached to a heavy vehicle, the heavy vehicle and the towing heavy vehicle are to be taken to be travelling at the same speed.

33 Evidence of road distance

(1) A certificate in the prescribed form purporting to be issued by an approved surveyor certifying as to the shortest distance, expressed in metres, that would be travelled by a heavy vehicle on a road between 2 points is admissible in evidence in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations and, in the absence of evidence to the contrary, is proof of that distance.

(2) In this section—

approved surveyor means a licensed surveyor approved under section 78A(2) of the Road Safety Act 1986;

prescribed means prescribed in regulations made under the Road Safety Act 1986 for the purposes of section 78A of that Act.

34 Evidence of speed

(1) If, in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, the speed at which a heavy vehicle travelled on any occasion is relevant, evidence of the speed of the heavy vehicle as indicated or determined on that occasion by a prescribed road safety camera or prescribed speed detector when tested, sealed and used in the prescribed manner is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the speed of the heavy vehicle on that occasion.

(2) For the purpose of a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations in which the speed at which a heavy vehicle travelled on any occasion is relevant, if a heavy vehicle that is being towed is attached to another heavy vehicle, the heavy vehicle and the towing heavy vehicle are to be taken to be travelling at the same speed.

(3) In this section—

prescribed means prescribed in regulations made under the Road Safety Act 1986 for the purposes of section 79 of that Act.

35 Evidence of engine management system data

(1) If, in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, any information held in a heavy vehicle's engine management system is relevant, any representation of that information derived from an engine management system reading device specified by the regulations is to be presumed, in the absence of evidence to the contrary, to be an accurate record of that information if the device is operated in the manner specified for that device in the regulations and the information is derived in accordance with the regulations.

(2) In this section—

the regulations means regulations made under the Road Safety Act 1986 for the purposes of section 79A of that Act.

36 Certain matters indicated by prescribed road safety cameras are evidence

S. 36(1) amended by No. 49/2019 s. 150(1).

(a) a prescribed road safety camera when tested, sealed and used in the prescribed manner; or

(b) an image or message produced by a prescribed road safety camera when tested, sealed and used in the prescribed manner; or

is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the speed of the heavy vehicle on that occasion.

S. 36(2) amended by No. 49/2019 s. 150(2).

(2) For the purpose of a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, in which the speed at which a heavy vehicle travelled on any occasion is relevant, if a heavy vehicle that is being towed is attached to another heavy vehicle, the heavy vehicle or towed heavy vehicle and the towing heavy vehicle are to be taken to be travelling at the same speed.

S. 36(2A) inserted by No. 49/2019 s. 150(3).

(2A) For the purposes of subsection (1), if an image produced by a prescribed process when used in the prescribed manner depicts one or more motor vehicles, a marker on a particular motor vehicle that is a heavy vehicle and a message stating the speed of that heavy vehicle is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the speed of that heavy vehicle on that occasion.

S. 36(3) amended by Nos 49/2019 s. 150(4), 13/2024 s. 3(Sch. 1 item 7).

(3) If, in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, the speed limit at the time and place at which a heavy vehicle travelled on any occasion is relevant, evidence of the speed limit at that time and place as indicated or determined on that occasion by an image or message produced by a prescribed process when used in the prescribed manner is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the speed limit on that occasion.

(4) In this section—

prescribed means prescribed in regulations made under the Road Safety Act 1986 for the purposes of section 81 of that Act.

S. 36A inserted by No. 45/2015 s. 4.

36A Evidence of mass

(1) In a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or the national regulations, the mass carried on any axle of a heavy vehicle as determined by a prescribed device when tested, sealed and used in the prescribed manner is, after due allowance of the prescribed limits of error, proof, in the absence of evidence to the contrary, of the mass.

(2) Without prejudice to any other method of determining the mass of a heavy vehicle or of its load or of both, the mass of the load of any heavy vehicle carrying passengers may, for the purposes of the Heavy Vehicle National Law (Victoria) or the national regulations, be calculated on the basis that the mass of 16 adult passengers is 1 tonne.

(3) In this section—

prescribed means prescribed in regulations made under the Road Safety Act 1986 for the purposes of section 82 of that Act.

37 Evidence of testing and sealing

(1) In a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, a certificate in the prescribed form to the effect that any prescribed speed detector referred to in section 34 has been tested or sealed in the prescribed manner, signed or purporting to be signed by a person authorised to do so by the regulations is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof that the prescribed speed detector or device has been so tested or sealed.

(2) In this section—

prescribed means prescribed in regulations made under the Road Safety Act 1986 for the purposes of section 83 of that Act.

38 Evidence relating to prescribed road safety cameras

(1) A certificate containing the prescribed information purporting to be issued by an authorised person certifying—

(a) that a prescribed road safety camera was tested, sealed or used in the prescribed manner; or

(b) that an image or message described in the certificate was produced by a prescribed road safety camera or by a prescribed process; or

S. 38(1)(c) amended by No. 37/2014 s. 10(Sch. item 79.4).

(c) as to any other matter that appears in, or that can be determined from, the records kept in relation to the prescribed road safety camera or the prescribed process by Victoria Police—

is admissible in evidence in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.

(2) In this section—

authorised person means a person authorised for the purposes of section 83A of the Road Safety Act 1986 by the Chief Commissioner of Police;

prescribed means prescribed in regulations made under the Road Safety Act 1986 for the purposes of section 83A of that Act.

Pt 5 (Heading and ss 39–53) amended by No. 74/2013 ss 21–31, repealed by No. 49/2019 s. 151.

Part 6—General

Division 1—Regulations

54 Regulations

(1) The Governor in Council may make regulations for or with respect to—

(a) prescribing offences for the purposes of section 591 of the Heavy Vehicle National Law (Victoria);

(b) prescribing a notice that may be served under section 591 of the Heavy Vehicle National Law (Victoria);

(c) for any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) Regulations made under this section may—

(a) be of limited or general application; and

(b) leave any matter or thing to be decided by a specified person or class of person.

S. 54(3)−(6) repealed by No. 49/2019 s. 152.

S. 55 repealed by No. 49/2019 s. 153.

Division 2—Savings and transitional provisions

56 Definitions

In this Division—

commencement day means the day on which section 4 comes into operation;

RS Act means the Road Safety Act 1986 as in force from time to time before the commencement day.

57 Authorised officers

Despite section 748(3)(a) of the Heavy Vehicle National Law (Victoria)—

(a) a person who was an authorised officer under section 112 of the RS Act immediately before the commencement day is taken, on and after that day, to be an authorised officer for the purposes of the Heavy Vehicle National Law (Victoria) as if he or she had been appointed by the Regulator under section 481 of that Law; and

(b) an authorisation of a member of the police force for the purposes of paragraph (b) of the definition of authorised inspector in section 119 of the RS Act that was in force immediately before the commencement day is taken, on and after that day, to be an authorisation of the member for the purposes of section 12(1) of this Act.

S. 58 amended by No. 70/2013 s. 3(Sch. 1 item 21).

58 Fatigue management

A period spent driving a heavy vehicle within 7 days immediately before the commencement day is to be taken into account for the purposes of Chapter 6 of the Heavy Vehicle National Law (Victoria).

59 Work diary

For the purposes of Chapter 6 of the Heavy Vehicle National Law (Victoria) a work diary kept in accordance with Part 10A of the RS Act on or before the commencement day is taken to be a written work diary for the purposes of that Law.

Pt 6 Div. 3 (Heading and ss 59A, 59B) inserted by No. 49/2019 s. 154.

Division 3—Savings and transitional arrangements—Transport Legislation Amendment Act 2019

S. 59A inserted by No. 49/2019 s. 154.

59A Application of Interpretation of Legislation Act 1984

Except where the contrary intention appears, any regulations made under this Division do not affect or take away from the Interpretation of Legislation Act 1984.

S. 59B inserted by No. 49/2019 s. 154, expired by force of No. 30/2013 s. 59B(6).

Part 7—Consequential amendments

60 Consequential amendments

On the coming into operation of an item in the Schedule, the Act specified in the heading to that item is amended as set out in that item.

61 Repeal

This Part and the Schedule are repealed on the first anniversary of the commencement of section 53.

Note

The repeal of this Part and the Schedule does not affect the continuing operation of the amendments made by this Part and the Schedule (see section 15(1) of the Interpretation of Legislation Act 1984).

Schedule

Section 60

Consequential amendments

Part 1—Consequential amendments on commencement of National Law

1 Accident Compensation Act 1985

1.1 After section 239AAC insert—

"239AAD Regulator may disclose information to Authority

(1) The Regulator may, at the written request of the Authority, disclose relevant information gained by the Regulator to the Authority for the purpose of the assessment by the Authority of a claim by a person for compensation under this Act, being relevant information that the Authority considers relates to conduct by the person that the Authority considers may be conduct to which the injury to which the claim relates may be attributable.

(2) In this section—

Regulator has the same meaning as in the Heavy Vehicle National Law (Victoria);

relevant information means details of—

(a) a conviction or finding of guilt; or

(b) an infringement notice within the meaning of the Infringements Act 2006—

that relate, or may relate, to conduct comprising serious and wilful misconduct as referred to in section 82(4).".

2 Accident Towing Services Act 2007

2.1 In section 3(1), for the definition of mass, dimension or load restraint limit or requirement substitute—

"mass, dimension or load restraint limit or requirement means—

(a) a mass, dimension or load restraint limit or requirement within the meaning of the Road Safety Act 1986; or

(b) a mass, dimension or loading requirement within the meaning of the Heavy Vehicle National Law (Victoria);".

2.2 In section 3(6), after "Act 1986" insert "or the Heavy Vehicle National Law (Victoria)".

2.3 In section 32(1)—

(a) in paragraph (b), for "Acts." substitute "Acts; or";

(b) after paragraph (b) insert—

"(c) the holder of the licence has not complied with a provision of the Heavy Vehicle National Law (Victoria) or the national regulations.".

3 Children, Youth and Families Act 2005

3.1 Clause 12(4) of Schedule 3 is repealed.

4 Infringements Act 2006

4.1 Section 61(4) is repealed.

5 Interpretation of Legislation Act 1984

5.1 After section 38H insert—

"38I References to Heavy Vehicle National Law

In an Act or a subordinate instrument—

Heavy Vehicle National Law (Victoria) means the provisions applying because of section 4 of the Heavy Vehicle National Law Application Act 2013.".

6 Local Government Act 1989

6.1 After section 208 insert—

"208AA Heavy Vehicle National Law (Victoria)

A Council must not exercise its powers under this Division inconsistently with the functions and powers of the Regulator under the Heavy Vehicle National Law (Victoria) and the national regulations under that Law.".

7 Magistrates' Court Act 1989

7.1 In section 82I(1) after "Act 1986" insert "or the Heavy Vehicle National Law (Victoria)".

8 Road Safety Act 1986

8.1 In section 3(1) in the example at the foot of the definition of approved road transport compliance scheme omit "or for a system involving the use of an intelligent transport system".

8.2 In section 3(1) the definition of associate is repealed.

8.3 In section 3(1) the definition of beneficiary is repealed.

8.4 In section 3(1) the definition of container weight declaration is repealed.

8.5 In section 3(1) the definition of engage in conduct is repealed.

8.6 In section 3(1) the definition of fatigue regulated heavy vehicle is repealed.

8.7 In section 3(1) for the definition of heavy vehicle substitute—

"heavy vehicle has the same meaning as in the Heavy Vehicle National Law (Victoria);".

8.8 In section 3(1) the definition of intelligent transport system is repealed.

8.9 In section 3(1) insert the following definition—

"Regulator has the same meaning as in the Heavy Vehicle National Law (Victoria);".

8.10 In section 3(1) for the definition of semi-trailer substitute—

"semi-trailer means a trailer that has—

(a) one axle group or a single axle towards the rear; and

(b) a means of attachment to a prime mover that results in some of the mass of the trailer's load being imposed on the prime mover;".

8.11 In section 3AAA(a)—

(a) omit "or fatigue regulated heavy vehicle";

(b) omit "or fatigue regulated heavy vehicles".

8.12 After section 25(2) insert—

"(2A) For the avoidance of doubt, the regulations may provide that a person may incur demerit points in respect of an offence against the Heavy Vehicle National Law (Victoria) or the national regulations under that Law.".

8.13 In section 28(1B)(a) for "or load restraint limit or requirement" substitute "or loading requirement within the meaning of the Heavy Vehicle National Law (Victoria)".

8.14 In section 77A for "or 6 of Part 10 or under Part 10A" substitute "of Part 10".

8.15 Section 77B is repealed.

8.16 In section 84BB for the definition of corresponding law substitute—

"corresponding law means—

(a) a law of the Commonwealth or of another State or of a Territory that corresponds to Division 2 of Part 2; or

(b) the Heavy Vehicle National Law (Victoria) or a law of another State or of a Territory that corresponds to that law;".

8.17 Section 103R is repealed.

8.18 Section 103S is repealed.

8.19 Section 103T is repealed.

8.20 After section 103ZF insert—

"103ZG Transitional provision Heavy Vehicle National Law Application Act 2013

Part 11 as in force immediately before its repeal by item 8.35 of the Schedule to the Heavy Vehicle National Law Application Act 2013, continues to apply to offences alleged to have been committed before that commencement.".

8.21 For section 149A substitute—

"149A Part does not apply to a heavy vehicle

This Part does not apply to a heavy vehicle.

Note

Chapter 4 of the Heavy Vehicle National Law (Victoria) sets out the mass, dimension and loading requirements for heavy vehicles.".

8.22 Section 162(2)(a) is repealed.

8.23 Section 163(2)(a) is repealed.

8.24 Section 167 is repealed.

8.25 At the foot of section 171(2) insert—

"Note

The penalties that apply in respect of the offences created by this section are set out in section 178.".

8.26 Section 171(3) is repealed.

8.27 At the foot of section 172(2) insert—

"Note

The penalties that apply in respect of the offences created by this section are set out in section 178.".

8.28 Section 172(3) is repealed.

8.29 Section 174(3) is repealed.

8.30 Section 175(3) is repealed.

8.31 The note at the foot of section 176(2) is repealed.

8.32 Section 180 is repealed.

8.33 Division 6 of Part 10 is repealed.

8.34 For Part 10A substitute—

"Part 10A—Fatigue management light buses

Division 1—Application of Heavy Vehicle National Law (Victoria)

191A Definition

In this Part—

light bus means a bus with a GVM of 4.5 tonnes or less.

191B Application of the Heavy Vehicle National Law (Victoria)—fatigue management of light buses

For the purposes of this Act the following provisions of the Heavy Vehicle National Law (Victoria) apply to a light bus—

(a) Chapter 6; and

(b) sections 622, 623, 653(g) and (h), 654, 725, 726 and 740.

Division 2—Meaning of terms for Heavy Vehicle National Law (Victoria)

191C Meaning of fatigue-regulated heavy vehicle

The provisions of the Heavy Vehicle National Law (Victoria) applied under section 191B, apply as if a reference to a fatigue-regulated heavy vehicle under that Law were a reference to a light bus.

191D Meaning of fatigue-regulated bus

The provisions of the Heavy Vehicle National Law (Victoria) applied under section 191B, apply as if a reference to a fatigue-regulated bus under that Law were a reference to a light bus.

191E Meaning of Regulator

The provisions of the Heavy Vehicle National Law (Victoria) applied under section 191B, apply as if a reference to the Regulator under that Law were a reference to the Corporation.

191F Meaning of responsible Ministers

The provisions of the Heavy Vehicle National Law (Victoria) applied under section 191B, apply as if a reference to the responsible Ministers under that Law were a reference to the Minister.

__________________".

8.35 Part 11 is repealed.

8.36 Part 12 is repealed.

8.37 Part 13 is repealed.

8.38 Schedule 3 is repealed.

8.39 Schedule 4 is repealed.

8.40 Schedule 4A is repealed.

9 Sheriff Act 2009

9.1 In section 30(1)(a), after "Road Safety Act 1986" insert "or the Heavy Vehicle National Law (Victoria)".

Sch. Pt 2 amended by Nos 74/2013 s. 32, 47/2014 s. 267, repealed by No. 49/2019 s. 155.

═══════════════

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 18 April 2013

Legislative Council: 9 May 2013

The long title for the Bill for this Act was "A Bill for an Act to provide for the application of a National Law to regulate the use of heavy vehicles, to make related and consequential amendments to other Acts and for other purposes."

The Heavy Vehicle National Law Application Act 2013 was assented to on 4 June 2013 and came into operation as follows:

Sections 1–52, 54–61 and Part 1 of the Schedule on 10 February 2014: Special Gazette (No. 28) 4 February 2014 page 1; section 53 and Part 2 of the Schedule not yet proclaimed.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Heavy Vehicle National Law Application Act 2013 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Heavy Vehicle National Law Application Act 2013, No. 30/2013

Assent Date:	4.6.13
Commencement Date:	S. 59B(6) inserted on 1.1.20 by No. 49/2019 s. 154: Special Gazette (No. 514) 10.12.19 p. 1
Note:	S. 59B(6) provided that s. 59B expired on 1.1.22
Current State:	This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 3(Sch. 1 item 21) on 1.12.13: s. 2(1)
Current State:	This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013

Road Legislation Amendment Act 2013, No. 74/2013

Assent Date:	3.12.13
Commencement Date:	Ss 20–32 on 10.2.14: Special Gazette (No. 28) 4.2.14 p. 1
Current State:	This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013

Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014, No. 35/2014

Assent Date:	13.5.14
Commencement Date:	Ss 59–61 on 14.5.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013

Victoria Police Amendment (Consequential and Other Matters) Act 2013, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 79) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013

Fines Reform Act 2014, No. 47/2014

Assent Date:	1.7.14
Commencement Date:	Ss 266, 267 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1
Current State:	This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date:	2.9.14
Commencement Date:	S. 140(Sch. 3 item 26) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
Current State:	This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013

Heavy Vehicles Legislation Amendment Act 2015, No. 45/2015

Assent Date:	22.9.15
Commencement Date:	Ss 3, 4 on 23.9.15: s. 2
Current State:	This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013

Road Legislation Further Amendment Act 2016, No. 70/2016

Assent Date:	29.11.16
Commencement Date:	S. 52 on 1.1.17: Special Gazette (No. 389) 20.12.16 p. 1
Current State:	This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013

Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019, No. 7/2019

Assent Date:	26.3.19
Commencement Date:	Ss 35, 40 on 27.3.19: s. 2(1)
Current State:	This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013

West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, No. 8/2019

Assent Date:	26.3.19
Commencement Date:	Ss 109, 110 on 19.2.20: s. 2(3)
Current State:	This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013

Transport Legislation Amendment Act 2019, No. 49/2019

Assent Date:	3.12.19
Commencement Date:	Ss 144, 148, 150−153, 155, 194, 195 on 4.12.19: s. 2(1); ss 141−143, 145−147, 149, 154 on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1
Current State:	This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 52) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
Current State:	This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013

North East Link Act 2020, No. 18/2020

Assent Date:	10.6.20
Commencement Date:	Ss 132, 133 on 1.3.21: s. 2(2)
Current State:	This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013

Transport Legislation Amendment Act 2020, No. 41/2020

Assent Date:	1.12.20
Commencement Date:	S. 6 on 2.12.20: s. 2(1)
Current State:	This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013

Statute Law Revision Act 2024, No. 13/2024

Assent Date:	23.4.24
Commencement Date:	S. 3(Sch. 1 item 7) on 24.4.24: s. 2
Current State:	This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

Assent Date:	5.8.25
Commencement Date:	S. 106(Sch. 1 item 20) on 6.8.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

No entries at date of publication.

1 Heavy Vehicle National Law Application Act 2013

Version No. 026

Heavy Vehicle National Law Application Act 2013

No. 30 of 2013

Version incorporating amendments as at
6 August 2025

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 1

Part 2—Application of Heavy Vehicle National Law 3

4 Application of Heavy Vehicle National Law 3

5 Exclusion of legislation of this jurisdiction 3

6 Disallowance of national regulations 5

7 Rail replacement buses and buses responding to an emergency exemption 6

8 Return of seized things or samples 8

9 Use of certificates in assessing compensation 8

9A Additional powers and functions of the Regulator—authorised officers under Victorian Acts 8

Part 3—Meaning of terms for Heavy Vehicle National Law (Victoria) 10

10 Meaning of generic terms in Heavy Vehicle National Law for the purposes of this jurisdiction 10

11 Authorised warrant official 10

12 Authorised officer 10

13 Infringement Notice Offences Law 11

14 Local government authority 11

15 Relevant tribunal or court 11

16 Responsible Minister 12

17 Road authority 12

18 Road manager 12

19 Road Rules 15

20 Meaning of road and road-related area 15

21 Meaning of convicts and convicted of an offence 16

22 Primary WHS Law 16

23 Power to forfeit particular things or samples 16

24 Infringement offence under the Heavy Vehicle National Law (Victoria) 16

25 Infringement penalty 17

26 Review of decision by VCAT 17

27 Meaning of relevant law 17

28 Toll road authority 17

Part 4—Offences and legal proceedings 19

Division 1—General 19

29 No double jeopardy 19

31 Persons who may commence proceedings for offences 19

Division 2—Evidentiary provisions for offences against the Heavy Vehicle National Law (Victoria) or national regulations 21

The Act’s central organising concept is legal transplantation: the HVNL (a single national text) is applied in Victoria “as if it were an Act” (s 4). To make that transplant work in practice the Act supplies a number of jurisdictional equivalents and mappings so that references in the national law to institutions, processes and Acts resolve locally.

Key concepts and their mechanics:

Heavy Vehicle National Law (Victoria): The national law, as in force from time to time, applies in Victoria under s 4 and may be cited as the Heavy Vehicle National Law (Victoria). The Act therefore imports amendment dynamics from the national instrument and subjects national regulations to the disallowance and publication mechanisms adapted into Victoria by s 6.
Local institutional mapping: The Act defines who acts for Victoria under the HVNL: the Regulator (as in the national law) is supported by specific Victorian roles , the Head, Transport for Victoria is declared road authority for most purposes (s 17); the Secretary is a road authority for s 712 HVNL matters (s 17(2)); councils are local government authorities for HVNL purposes (s 14); VCAT is the “relevant tribunal or court” for most review rights under the HVNL while the Magistrates’ Court is the relevant forum for particular HVNL divisions (s 15).
Authorisation and enforcement personnel: Magistrates are authorised warrant officials (s 11); police officers are declared authorised officers for HVNL purposes (s 12); the Regulator may authorise public service employees or staff to commence or carry on prosecutions (s 31).
Exclusions and carve‑ins of State Acts: Several Victorian Acts do not apply to HVNL instruments (s 5(1)) , notably the Financial Management Act 1994, Freedom of Information Act 1982 and Privacy and Data Protection Act 2014 (s 5(1)(a),(b),(ea)). That is subject to s 5(2), which preserves those Acts’ application to public sector bodies or employees exercising functions under the HVNL. There is an extra carve‑out for relevant authorised officers performing functions under the Road Management Act 2004 or the Road Safety Act 1986: a list of Acts “do not apply” to such officers while performing those functions (s 5(4A)).
Evidentiary presumptions: The Act introduces statutory presumptions about average speed (s 32), road distance certificates by approved surveyors (s 33), speeds from prescribed road safety cameras and detectors (ss 34, 36), engine management system data (s 35), mass determined by prescribed devices and a specific passenger mass deeming rule (s 36A), and certificates about testing and sealing of devices and records (ss 37-38). These presumptions are expressed as evidence and, absent contrary evidence, proof of the matter.
Regulatory and parliamentary interaction: Section 6 adapts the Subordinate Legislation Act 1994 to national regulations, treating a national regulation as if it were a statutory rule for laying and disallowance purposes; but importantly, disallowance in Victoria alone does not necessarily nullify a national regulation unless it is disallowed in a majority of participating jurisdictions (s 6(2)-(3)). This creates a multi‑jurisdictional control mechanism over national regulations.
Transitional and saving concepts: The Act preserves prior authorised officers, counts recent driving toward fatigue calculations for Chapter 6 purposes (s 58), and treats pre‑existing work diaries as valid written work diaries for HVNL fatigue management (s 59).

These concepts create a hybrid operating environment in which a national statutory text governs heavy vehicles but is administered through nominated Victorian persons, tribunals and procedures, and with tightly defined evidentiary shortcuts that streamline enforcement but place a burden on defendants to adduce contrary evidence to displace device or certificate‑based proofs.

The Act affects a broad set of participants in heavy vehicle regulation in Victoria. The statutory text itself allocates responsibilities and rights that alter who pays, who decides, and whose behaviour will change.

Principal affected groups:

Heavy vehicle operators and drivers: The HVNL applies to the operation, mass, dimension and loading obligations (s 4; the Schedule amends the Road Safety Act to move heavy vehicle requirements into the HVNL framework , see Schedule item 8). Chapter 6 fatigue management provisions apply, with transitional counting of recent driving and recognition of earlier work diaries (ss 58-59). Operators face the evidentiary regime for speed, mass and engine data (ss 32-36A, 35).
Owners and employers: Corporate liability rules in the HVNL (as imported) become enforceable in Victoria. Infringement notices under s 591 HVNL are enforceable via the Infringements Act 2006 and Fines Reform Act 2014 (s 13). The Act sets the infringement penalty as 10% of the maximum available penalty for a prescribed offence (s 25), so owners and corporate employers will be exposed to monetary liabilities calculable from the HVNL maxima (and subject to annual indexation under s 737 HVNL, cited by s 25 note).
Road managers and road authorities: The Act declares who is the road manager and road authority for named roads and types of roads. The Secretary is road manager for freeways, arterial roads and specified major tollways and links (s 18(1)(a) and s 18(4) definitions). Councils are road managers for municipal roads (s 18(1)(c)). The Head, Transport for Victoria is declared road authority for Victoria for HVNL purposes except for a small set of s 712 exclusions (s 17). Road managers are the decision makers for permissions, restrictions and damage claims under the HVNL framework; s 18(2)-(3) explicitly allow transfer arrangements between road managers.
Local government: Councils are named local government authorities for HVNL purposes (s 14) and, by Schedule amendment 6.1, must not exercise their local road powers inconsistently with Regulator functions under the HVNL. That changes the scope of municipal decisions about heavy vehicle access, permits and local road management.
Police, authorised officers and prosecutors: Police officers are declared authorised officers for HVNL purposes (s 12). The Regulator and police officers, and authorised public servants authorised in writing, are empowered to commence proceedings (s 31). Section 9A (inserted and substituted by later amendments) expands the Regulator’s powers to authorise staff as authorised officers under the Road Management Act 2004 and certain parts of the Road Safety Act 1986 (s 9A(2)), increasing administrative capacity to enforce HVNL matters.
Public sector bodies and employees: s 5(2) makes plain that even though several Acts do not apply to instruments under the HVNL (s 5(1)), those Acts continue to apply to public sector bodies or employees when they exercise functions under the HVNL. Thus, for example, the Freedom of Information Act and the Privacy and Data Protection Act remain applicable to public sector entities acting under the HVNL (s 5(2)). Conversely, s 5(4A) lists Acts that do not apply to a “relevant authorised officer” while performing functions under the Road Management Act 2004 or Road Safety Act 1986, which affects the legal status of such staff.
Toll road corporations and other specified bodies: Section 28 expressly lists toll road authorities that qualify as entities for the HVNL’s definition of “authorised use” (s 28(a)-(c) and s 28(1)(c) allowing further declarations by Gazette notice). This facilitates toll authorities’ operational interface with the HVNL (for example, enforcement of tolling and authorised uses).
Insurers and compensation authorities: The Schedule adds a disclosure provision to the Accident Compensation Act 1985 allowing the Regulator to disclose relevant information to the Authority for compensation claim assessment (Schedule item 1.1). That affects claims handling and investigation.
Businesses dependent on device evidence or prone to device evidence: Carriers and drivers whose compliance is monitored by road safety cameras, average speed systems, axle weigh devices, or vehicle engine management recorders are affected by the statutory evidentiary presumptions (ss 32-38, 36A). Those presumptions shift evidentiary burdens in proceedings and alter the practical cost of contesting an allegation.

Who pays and who decides:

Monetary costs (fines, compliance costs, potential damage liability) fall on operators, owners and employers when HVNL obligations are breached. The Act sets a predictable infringement methodology (s 13) and penalty basis (s 25).
Decision‑makers who grant permits, manage roads and enforce rules are the Head, Transport for Victoria, the Secretary (for certain roads), road managers (councils or owners for municipal and other roads), the Regulator, authorising police and authorised public servants (ss 17-18; s 31; Schedule amendments).
Behavioural changes expected include stronger record‑keeping (work diaries and engine management records) to rebut device/certificate presumptions, route planning to respect road manager restrictions, and interaction with toll road rules where relevant.

This Act restructures the administrative landscape for heavy vehicle regulation in Victoria, creating definite plaintiffs and defendants in enforcement actions and reallocating managerial and enforcement responsibilities across State bodies, local government and the Regulator.

The Act itself is mainly applicatory, but it creates and clarifies duties and rights by mapping the HVNL into Victorian institutions and by establishing evidentiary, regulatory and enforcement rules. The following are the concrete duties and rights created or clarified.

Duties imposed or carried forward under the HVNL import:

Compliance with heavy vehicle mass, dimension and loading requirements now framed under the HVNL as the operative law for these matters in Victoria (s 4; Schedule item 8.21 replacing the Road Safety Act's Part that applied to heavy vehicles). Operators and owners must meet HVNL obligations on vehicle standards, loading and fatigue management. Transitional provisions require certain prior driving to be accounted for in fatigue calculations and allow pre‑commencement work diaries to be treated as valid (ss 56-59).
Where an infringement notice may be issued under s 591 HVNL, the Infringements Act 2006 and Fines Reform Act 2014 are the enforcement vehicles (s 13). The specific duty is therefore to respond to infringement notices within the statutory frameworks of those Acts.
Road users and operators must comply with directions and restrictions given by the road authority or road manager, who are specified in s 17 and s 18. Those authorities may decide on access, route restrictions and management measures.

Rights and procedural protections:

Appeal and review rights: The Act specifies which tribunal is the “relevant tribunal or court” under the HVNL for review rights. VCAT is the relevant tribunal for most HVNL reviews (s 15(1)), with the Magistrates’ Court handling certain divisions (s 15(2)). An appeal against a review decision under Part 11.3 HVNL is an application to VCAT under the Victorian Civil and Administrative Tribunal Act 1998 (s 26). The HVNL is declared to be an enabling enactment for that Act (s 26(2)).
No double jeopardy protection: If an act or omission has been punished under a law of another participating jurisdiction, the offender cannot be punished again under the HVNL in Victoria (s 29).
Evidentiary rules balance prosecutorial ease and a defendant’s opportunity to rebut: Sections 32-38 and 36A provide that device readings, certificates, and certain images/messages are admissible and, unless contradicted, proof of the matters. However, the phrase “in the absence of evidence to the contrary” in each relevant provision preserves the traditional right to adduce contrary evidence and cross‑examination. The Act therefore creates a statutory presumption that shifts the practical burden onto the accused to dislodge device‑based evidence.
Procedural allocation for seized things and samples: Section 8 (amending a HVNL provision) allows a relevant tribunal to order return of seized things or, alternatively, order forfeiture to the State with directions to destroy or sell and remit proceeds to the Consolidated Fund. Such a forfeiture order cannot take effect until appeal periods have expired or appeals determined (s 8(4B)). This gives tribunals explicit powers and provides timing protections for owners.
Authorisation and enforcement rights: The Regulator has explicit power to make staff available as authorised officers under the Road Management Act 2004 and parts of the Road Safety Act 1986 (s 9A(2)). That clarifies the Regulator’s capacity to deploy personnel to exercise powers under Victorian Acts and creates administrative rights for the Regulator to authorise prosecutions under s 31.

Specific duties created or modified in Victoria by the Schedule and other provisions:

Local governments must not exercise Division powers inconsistently with Regulator functions under the HVNL (Schedule item 6.1 amending the Local Government Act provisions), constraining council discretion in heavy vehicle matters.
The Accident Compensation Act is amended to permit the Regulator to disclose information to the Authority for compensation claim assessment where the information relates to alleged serious and wilful misconduct (Schedule item 1.1). This imposes a duty on the Regulator to disclose on written request and creates a rights framework for the Authority to seek information from the Regulator.
The Road Safety Act amendments reframe definitions and transfer certain functions to the HVNL. For example, the Road Safety Act’s definition of “heavy vehicle” is replaced by a cross‑reference to the HVNL’s meaning (Schedule item 8.7), which alters the statutory sources of duties for operators.

Delegation and regulatory gaps:

Regulations are enabled under s 54 to prescribe offences for the purposes of s 591 HVNL and to prescribe notices and other matters necessary to give effect to the Act. Regulations may leave matters to be decided by a specified person or class of person (s 54(2)(b)), permitting delegated decision‑making which assigns rights and duties to administrative actors.

In sum, the Act confers substantive regulatory duties on vehicle operators and owners by importing the HVNL; it consolidates enforcement rights across the Regulator, police and authorised public servants; and it creates procedural rights of review and protections against immediate implementation of forfeiture orders pending appeal (s 8(4B)). The evidentiary presumptions provide enforcement advantages but preserve the defendant’s ability to adduce contrary evidence.

The Act creates a framework for detecting, proving and enforcing HVNL offences in Victoria. Enforcement responsibilities are explicitly allocated and evidentiary mechanisms simplified to streamline prosecutions, with particular statutory consequences for infringement notice handling and evidentiary presumptions.

Who can enforce and commence proceedings

Section 31 lists persons authorised to commence proceedings: the Regulator, police officers, and employees of the Victorian Public Service authorised in writing by the Regulator, and authorised officers (other than police) who are authorised in writing by the Regulator or the Secretary (s 31(1)(a), (ba), (d), (e)). The authorisation continues to support proceedings where courts amend processes (s 31(2)-(3)).
The Regulator’s capacity is extended by s 9A to exercise powers conferred under the Road Safety Act 1986 and to make staff available to be authorised officers under the Road Management Act 2004 and specified parts of the Road Safety Act (s 9A(1)-(2)). This increases the pool of enforcement actors able to act under Victorian Acts as part of HVNL enforcement.

Infringement notices and penalties

The Act declares that an offence for which an infringement notice may be served under s 591 HVNL is an infringement offence under the Infringements Act 2006 (s 24).
The Act fixes the infringement penalty for a prescribed HVNL offence as 10% of the offence’s maximum penalty (s 25). The note to s 25 indicates that HVNL s 737 sets a method for increasing a penalty amount each 1 July, so the 10% amount is subject to indexation procedures contained in the HVNL (s 25 note). This creates predictable monetary exposure for low‑level contraventions and channels enforcement through the State’s infringement machinery (s 13).

Evidentiary presumptions that ease prosecution

The Act codifies a series of evidentiary presumptions that make device and certificate outputs admissible and, in the absence of contrary evidence, proof of speed, distance, mass and device testing/sealing and camera images (see ss 32-38 and 36A). Specific examples:
- Average speed calculated from distance and elapsed time is admissible and, absent contrary evidence, proof of speed (s 32(1)-(2)).
- Certificates from approved surveyors certifying shortest road distance are proof of that distance unless contradicted (s 33).
- Readings from prescribed road safety cameras and speed detectors, when tested, sealed and used as prescribed, are proof of speed (ss 34, 36).
- Engine management system data derived using specified devices is presumed accurate absent contrary evidence (s 35).
- Mass determined by prescribed devices is proof of axle mass after due allowance for prescribed error limits, and passenger mass for passenger‑carrying heavy vehicles may be calculated by applying a deeming (16 adult passengers = 1 tonne) (s 36A).
- Certificates about testing, sealing and records kept by Victoria Police authorised persons are admissible and, unless rebutted, proof of the stated matters (ss 37-38).
These provisions reduce the evidentiary, logistical and expert burden on prosecutors. The counter‑balance is that defendants must adduce contrary evidence to displace device‑based proofs (each provision uses the phrase “in the absence of evidence to the contrary”).

Procedural protections and limits

Section 29 preserves a no‑double‑jeopardy protection if the same act has been punished under another participating jurisdiction’s law (s 29).
Section 8 amends HVNL s 556 to allow tribunals to order return or forfeiture of seized things, including sale and destruction, but ensures forfeiture orders cannot take effect until appeal periods expire or appeals are decided (s 8(4A)-(4B)). This protects owners from immediate loss pending appeals but permits disposal after appeals exhaust.
Review and appeal pathways are mapped to existing Victorian tribunals: VCAT handles most appeals and review decisions are applied in the VCAT framework (s 26). Magistrates’ Court is specifically the relevant court for certain HVNL parts (s 15(2)).

Regulatory and parliamentary checks

National regulations are to be treated as statutory rules for laying and disallowance procedures (s 6(1)), but a disallowance in Victoria alone does not nullify a national regulation unless it is disallowed in a majority of participating jurisdictions (s 6(2)-(3)). This reduces the capacity of any single State to unilaterally annul a national regulation applied in Victoria and affects the political and legal dynamics around regulation‑making.

Operational enforcement flexibilities

The Act allows the Governor in Council to make regulations to prescribe offences for s 591 HVNL and to leave some matters to specified decision‑makers (s 54). That enables the State to create infringement pathways and delegate specific enforcement discretions.

Practical enforcement cost implications

The evidentiary presumptions shorten trials and reduce prosecution costs because certificates and device outputs become primary evidence. Conversely, defendants face higher costs to obtain expert testing, challenge device calibration or adduce contrary technical evidence. The statutory deeming in s 36A(2) that 16 adult passengers equal 1 tonne simplifies mass calculations in passenger vehicles and may reduce contested disputes about passenger mass, while shifting burden to operators to keep accurate counts where loads are near mass thresholds.

Overall the Act centralises enforcement authority with the Regulator and police, makes device and certificate evidence potent in prosecutions, and channels lower‑level enforcement through the infringement notice machinery, with a fixed proportion of maximum penalties set for infringements.

The Act explicitly maps the HVNL into Victoria’s legal ecosystem and amends or constrains several Victorian Acts so they interface coherently with a national regime. Its Schedule makes multiple consequential amendments; the main interaction pathways are exclusions, incorporations, delegations and transitional adaptations.

Exclusions, carve‑ins and preserved applicability

Section 5 lists Acts that do not apply to the HVNL or instruments made under it, including the Financial Management Act 1994, Freedom of Information Act 1982, Privacy and Data Protection Act 2014 and the Public Administration Act 2004, among others (s 5(1)(a),(b),(ea),(f)-(g)). But s 5(2) clarifies that those Acts still apply to public sector bodies or employees exercising HVNL functions. Practically, this creates a distinction: private persons and instruments made under the HVNL generally fall outside the scope of those Victorian Acts, but public bodies executing HVNL functions remain subject to those Acts.
Section 5(4A) creates a narrower carve‑out protecting “relevant authorised officers” performing functions under the Road Management Act 2004 or the Road Safety Act 1986 from various Acts (Audit Act, Financial Management Act, FOI Act, Monetary Units Act, Privacy and Data Protection Act, Public Administration Act, Public Records Act) (s 5(4A)). This reduces procedural and oversight obligations for those officers while performing specified functions.

How national regulations are treated

Section 6 adapts the Subordinate Legislation Act 1994 in relation to national regulations, treating them as statutory rules for laying and disallowance purposes, but adds a multi‑jurisdictional element: if a national regulation is disallowed in Victoria but not disallowed in a majority of participating jurisdictions, the disallowed regulation continues to operate until it is disallowed in the last of the participating jurisdictions forming that majority (s 6(2)-(3)). Thus Victoria’s role in disallowance is constrained by the national framework and the majority‑disallowance rule.

Overlap with Road Safety Act and Road Management Act

The Schedule makes extensive amendments to the Road Safety Act 1986, transferring heavy vehicle definitions and many Part 10/10A fatigue provisions into the HVNL framework and substituting cross‑references (Schedule item 8, multiple subitems). The Act therefore changes the substantive source of heavy vehicle duties from the Road Safety Act to the HVNL, while preserving particular Victorian adaptations (for example, light bus fatigue provisions in the Road Safety Act remain linked to HVNL provisions via substituted Part 10A , Schedule item 8.34).
The Act makes the Secretary or Head capable of being a road authority or road manager under the HVNL (ss 17-18), aligning HVNL roles with the Victorian road governance under the Road Management Act 2004. Section 9A further permits the Regulator to exercise powers conferred on it by the Road Safety Act 1986, and to make staff available as authorised officers under the Road Management Act or parts of the Road Safety Act (s 9A(1)-(2)).

Infringement and fines regime

The Infringements Act 2006 and the Fines Reform Act 2014 are declared to be the Infringement Notice Offences Law(s) for the HVNL in Victoria (s 13). That means HVNL infringement notices are enforced under Victoria’s fine enforcement and infringement administrative architecture, not under a separate national system.

WHS and compensation interactions

The Occupational Health and Safety Act 2004 and its regulations are declared the primary WHS law for HVNL purposes in Victoria (s 22). This aligns workplace health and safety obligations arising from heavy vehicle operations with Victoria’s WHS regime.
Schedule item 1.1 amends the Accident Compensation Act 1985 to permit the Regulator to disclose relevant information (convictions or infringement notices) to the Authority for assessment of compensation claims where the Authority considers the information relates to serious and wilful misconduct (Schedule item 1.1). That creates a statutory information‑sharing link between the Regulator and the compensation Authority.

Tribunals and courts

Section 15 maps VCAT and the Magistrates’ Court as the review venues for HVNL review rights (s 15(1)-(2)). Section 26 makes the HVNL an enabling enactment for the Victorian Civil and Administrative Tribunal Act 1998, so HVNL review processes must be administered under existing tribunal procedures. This avoids creating a bespoke review structure and integrates HVNL disputes into Victoria’s tribunal and court systems.

Toll road and special road entities

Section 28 specifies toll road corporations and allows the Head, Transport for Victoria to declare further entities by Gazette notice to be entities for HVNL purposes, which affects how authorised use definitions and enforcement interact with tolling regimes (s 28). The Schedule also inserts additional tolling corporation references to align newer projects (West Gate Tunnel, North East Link) with HVNL operations.

Transitional and saving interactions

Sections 56-59 provide saving and transitional provisions to ease the shift from the Road Safety Act regime to the HVNL: prior authorised officers continue as authorised officers under the Regulator (s 57); recent driving counts toward fatigue calculations (s 58); work diaries kept under the old law taken to be written work diaries under Chapter 6 HVNL (s 59). These preserve continuity and prevent sudden gaps in compliance obligations or enforcement.

Delegation, regulation and parliamentary oversight

Section 54 permits the Governor in Council to make regulations for matters required or permitted by the Act, and allows regulations to leave matters to specified persons or classes of persons (s 54(1)-(2)). Combined with s 6’s Subordinate Legislation Act adaptations, these provisions allocate substantial implementation discretion to the executive and the national regulation process, while keeping a parliamentary disallowance mechanism subject to multi‑jurisdictional rules.

Net effect

The Act integrates the HVNL into Victoria’s legal architecture and reassigns responsibilities in a way that reduces duplication with the Road Safety Act but establishes numerous cross‑links and carve‑outs. It centralises heavy vehicle law under a national instrument while preserving Victoria’s tribunal, public administration, WHS and tolling frameworks through specified mappings and consequential amendments.

The Act’s text and endnotes include a detailed list of amending Acts and commencement dates. Below is a source‑grounded chronology of the principal amending instruments recorded in the published version of the Act, together with the key types of changes those instruments introduced as reflected in the statutory text and Schedule.

Original enactment and commencement

Heavy Vehicle National Law Application Act 2013, No. 30/2013, assented 4 June 2013. Sections 1-52, 54-61 and Part 1 of the Schedule commenced 10 February 2014. Section 53 and Part 2 of the Schedule remained to be proclaimed (Endnotes).

Subsequent amendments (selected, as recorded in the Act version and endnotes)

Road Legislation Amendment Act 2013, No. 74/2013 (assent 3 December 2013; ss 20-32 commenced 10 February 2014): amendments to how national regulations are treated under the Subordinate Legislation Act 1994 and related procedural matters are reflected in s 6 (Endnotes table entry for No. 74/2013).
Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014, No. 35/2014 (assent 13 May 2014; commenced 14 May 2014): inserted definitions and adjusted authorised officer provisions (s 12 amendments noted in the text).
Victoria Police Amendment (Consequential and Other Matters) Act 2013, No. 37/2014 (assent 3 June 2014; commencement 1 July 2014): changes to definitions (police officer defined and integrated) and related matters (see s 3 notes and s 12 changes).
Fines Reform Act 2014, No. 47/2014 (assent 1 July 2014; key provisions commenced 31 December 2017): declared to be an Infringement Notice Offences Law for HVNL enforcement (s 13(2)) and other impacts on infringement enforcement are reflected.
Privacy and Data Protection Act 2014, No. 60/2014 (assent 2 September 2014; s 140 commenced 17 September 2014): inserted a carve‑in for the Privacy and Data Protection Act into s 5(1)(ea) (s 5 amended to list the Privacy and Data Protection Act among those not applying to the HVNL while preserving its application to public sector bodies under s 5(2)).
Heavy Vehicles Legislation Amendment Act 2015, No. 45/2015 (assent 22 September 2015; ss 3-4 commenced 23 September 2015): inserted evidentiary provisions such as s 36A (evidence of mass) and made other technical adjustments (s 36A designated as inserted by No. 45/2015 s 4 in the Act).
Road Legislation Further Amendment Act 2016, No. 70/2016 (assent 29 November 2016; s 52 commenced 1 January 2017): amended s 5(2) and related provisions (Endnotes).
Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019, No. 7/2019 (assent 26 March 2019; ss 35, 40 commenced 27 March 2019): amended definitions and added exemptions (for example, s 7 was amended by No. 7/2019 , the rail replacement bus and bus responding to an emergency exemption was updated).
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, No. 8/2019 (assent 26 March 2019; ss 109-110 commenced 19 February 2020): added road designations and West Gate Tunnel tollway references into s 18 and s 28 (s 18(1)(a)(vii), s 28(ba) insertions).
Transport Legislation Amendment Act 2019, No. 49/2019 (assent 3 December 2019; many items commenced on 1 January 2020): a comprehensive amending statute reflected in multiple insertions and substitutions across the Act, including s 5(4A) (the exemption list for relevant authorised officers), s 15 substitution (relevant tribunal or court), s 17-18 substitutions (road authority and road manager mappings), s 36 amendments (evidence of specified road safety camera matters), and insertion of s 59A (application of Interpretation of Legislation Act 1984 for specified regulations). The endnotes record many of these modifications and their commencement.
Transport Legislation Amendment Act 2020, No. 41/2020 (assent 1 December 2020; s 6 commenced 2 December 2020): substituted s 9A initially inserted by No. 49/2019; s 9A now reflects the Regulator’s additional functions and powers under Victorian Acts (s 9A text notes insertion by No. 49/2019 and substitution by No. 41/2020 s 6).
Local Government Act 2020, No. 9/2020 (assent 24 March 2020; commencement for relevant Schedule item 6 on 6 April 2020): the Schedule inserts s 208AA into the Local Government Act requiring Councils not to exercise Division powers inconsistently with Regulator functions under the HVNL (Schedule item 6.1).
North East Link Act 2020, No. 18/2020 (assent 10 June 2020; ss 132-133 commenced 1 March 2021): inserted North East Link tolling corporation references into s 28 (s 28(bb)).
Statute Law Revision Act 2024, No. 13/2024 (assent 23 April 2024; s 3 commenced 24 April 2024): made technical revisions including changes to s 36(3) (Act notes s 36(3) was amended by No. 13/2024 s 3).
Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025 (assent 5 August 2025; s 106 commenced 6 August 2025): amended the definition of Secretary in s 3(1) (s 3 note referencing No. 25/2025 s 106(Sch. 1 item 20)).

The Schedule to the Act contains many consequential amendments to other legislation (see Schedule items 1-9 and their subitems). Notable structural changes effected by the Schedule include:

Replacing substantive heavy vehicle provisions in the Road Safety Act 1986 with cross‑references to the HVNL (Schedule item 8, multiple subitems).
Inserting administrative information sharing powers (e.g., Accident Compensation Act amendment permitting Regulator disclosure, Schedule item 1).
Making local government obligations consistent with the Regulator’s functions (Schedule item 6.1).
Adjusting the Sheriff Act, Magistrates’ Court Act and other statutes to reference the HVNL where relevant (Schedule items 7 and 9).

The endnotes provide the authoritative list of amending Acts and commencement dates; the Act’s internal notes identify which sections were inserted, substituted or repealed by which amending Acts (e.g., s 9A text notes insertion and substitution by No. 49/2019 and No. 41/2020 respectively). When advising or researching, users should consult the endnotes for the precise commencement dates and the Schedule for consequential textual changes to other Acts.

The Act as supplied contains no judicial decisions or case law references. The statutory text itself does not record litigation outcomes and names no cases. The legislative material does, however, create pathways that are likely to generate litigation in ordinary course , for example:

Challenges to evidentiary certifications and device readings under ss 32-38 and 36A will be litigated in criminal and regulatory proceedings; the Act sets the presumption, but the phrase “in the absence of evidence to the contrary” indicates standard trial contestability remains.
Disputes about the correct identity of a road manager or road authority for a particular road, or the lawfulness of a transfer arrangement under s 18(2)-(3), could give rise to judicial review or statutory appeals to VCAT or the Magistrates’ Court; section 15 maps those review routes.
Disallowance of national regulations involves a multi‑jurisdictional political process (s 6), and while s 6 sets the statutory rule for when a disallowance becomes effective, disputes about whether a national regulation has been validly made, laid or published under the national law and Victoria’s adapted Subordinate Legislation Act mechanics could produce legal challenges in superior courts.
The Schedule’s information‑sharing provision inserted into the Accident Compensation Act 1985 (Schedule item 1.1) may produce contested issues about the scope of “relevant information” and the Regulator’s duty to disclose, to be litigated in appeals in compensation or administrative proceedings.
The exemption of certain Acts from applying to “relevant authorised officers” (s 5(4A)) may be the subject of judicial review where an affected party claims rights under a now‑excluded Act were unlawfully denied in a specific performance of a power.

Because the supplied statute contains no recorded cases or litigation outcomes, practitioners must search current case law databases for any judicial decisions post‑dating the Act’s amendments. The Act establishes the tribunals and courts (VCAT, Magistrates’ Court) where HVNL disputes will be heard (s 15 and s 26), and sets evidentiary presumptions that will be key battlegrounds in litigation over enforcement actions.

The text contains multiple provisions that produce practical traps, interpretive ambiguities and compliance risks for operators, enforcement agencies and counsel. Below are concrete “gotchas” to watch for, each grounded in the statutory text.

Exclusion of oversight Acts while preservation for public sector bodies (s 5(1)-(2))
- The Act states a number of Victorian Acts “do not apply to the Heavy Vehicle National Law (Victoria) or to instruments made under that Law” (s 5(1)), including the Freedom of Information Act 1982 and the Privacy and Data Protection Act 2014 (s 5(1)(b),(ea)). However s 5(2) preserves those Acts’ application to a public sector body or public sector employee exercising a function under the HVNL. The practical effect: private entities and the HVNL instruments themselves may be outside FOI/privacy obligations, whereas public sector actors remain subject to those Acts. Confusion can arise where an instrument appears to be an HVNL instrument but is administered by a public sector body; practitioners must check whether the actor is a “public sector body” and whether s 5(2) brings the FOI/privacy regime back in.
Carve‑out for relevant authorised officers when performing Road Management or Road Safety Act functions (s 5(4A))
- Section 5(4A) provides that the Audit Act, Financial Management Act, FOI Act, Monetary Units Act, Privacy and Data Protection Act, Public Administration Act and Public Records Act do not apply to a “relevant authorised officer” when performing functions under the Road Management Act 2004 or Road Safety Act 1986. This narrows oversight and record obligations for such officers in limited circumstances. Practitioners must confirm whether an officer qualifies as a “relevant authorised officer” (see s 5(5) def.) and whether the particular act is within the scope of the Road Management or Road Safety Act function to avoid surprises in discovery or administrative review.
Disallowance of national regulations requires a majority of participating jurisdictions (s 6(2)-(3))
- A national regulation disallowed in Victoria alone does not necessarily cease to have effect unless it is disallowed in a majority of participating jurisdictions; the regulation only ceases when it is disallowed in the last jurisdiction required to form that majority (s 6(2)-(3)). This creates a “multi‑jurisdictional veto threshold” and may make it difficult for a single state to unilaterally nullify an unwelcome national instrument. Counsel should be alert to timing and publication rules when challenging or relying on a national regulation in Victoria.
Evidentiary presumptions are strong but rebuttable (ss 32-38, 36A)
- The Act makes device readings and certificates prima facie proofs of matters such as speed, distance and mass, and engine management data when devices are tested, sealed and used in a prescribed manner (ss 32-38). But every such section includes “in the absence of evidence to the contrary”. The practical “gotcha”: courts will accept certificates and device outputs unless defence can adduce contrary evidence or expose irregularities in testing/sealing, device application or chain of custody. Rebuttal can be costly: it may require expert witnesses, device inspections, calibration records and proof of incorrect operation. Operators must keep contemporaneous records (diaries, maintenance records) to mount an effective rebuttal.
Average speed formula rounding down (s 32(2))
- The average speed formula uses D (metres) and T (seconds) and yields a km/h figure rounded down to the next whole number (s 32(2)). Practically, a small fractional speed over a limit may be rounded down and therefore not prosecuted if the rounded figure is below the limit, but the rounding rule can also reduce a prosecution’s numeric liability from device precision. Lawyers should compute D×3.6/T and note the rounding mechanic when advising on likely outcomes.
Deeming for passenger mass (s 36A(2))
- For passenger‑carrying heavy vehicles, the Act allows mass to be calculated on the basis that the mass of 16 adult passengers is 1 tonne (s 36A(2)). That deeming simplifies prosecutorial calculations but can work against operators near mass thresholds; it creates the “gotcha” that passenger counts and manifesting become legally significant evidence and that failure to keep accurate passenger records increases enforcement risk.
Infringement penalty fixed at a fraction of maximum (s 25)
- The infringement penalty is 10% of the maximum penalty for the prescribed offence (s 25). Because the maximum penalty can be substantially higher for corporate offences and indices may adjust maxima under HVNL s 737, practitioners should not assume small infringement amounts equate to small overall penalties on conviction: the maximum sanctions for the substantive offence remain significant.
Tribunal mapping and forum shopping (s 15; s 26)
- The Act specifies VCAT as the relevant tribunal for most HVNL review decisions and the Magistrates’ Court for certain parts (s 15). Practitioners must check whether a dispute’s HVNL provision falls within the VCAT or Magistrates’ Court remit, or whether a judicial review in a superior court is necessary. Misfiling in the wrong tribunal can be costly.
Forfeiture timing safeguard but eventual loss (s 8(4A)-(4B))
- Section 8 allows tribunals to forfeit seized things to the State and to direct sale or destruction, but forbids those orders taking effect until appeal periods have expired or appeals determined (s 8(4B)). The gotcha is that owners may get a temporary stay by lodging an appeal, but once appeal rights are exhausted a forfeiture order can be implemented and proceeds remitted to the Consolidated Fund.
Delegated regulation and leaving matters to specified persons (s 54)
- Regulations may leave matters to be decided by specified persons or classes of persons (s 54(2)(b)). That increases administrative discretion and may produce variability in outcomes; parties should identify when regulations delegate decision‑making and to whom, to know where to seek redress.

These “gotchas” are concrete consequences of the Act’s wording and structure. Practitioners should identify which apply to their client’s factual matrix and collect documentary and technical evidence (device calibration, engine management records, work diaries, manifests, road manager notices) as a practical first line of defence or compliance.

Compliance under the HVNL as applied by this Act requires attention to statutory obligations under the HVNL itself and to the specific Victorian mappings, evidentiary presumptions and administrative arrangements enacted here. The following practical steps are grounded in the Act’s provisions and the Schedule’s consequential amendments.

Identify applicable jurisdictional rules and road managers (ss 4, 17-18)
- Determine which roads you use are managed by which entity. Section 18 lists the road managers for designated road types: the Secretary for freeways and listed tollways (s 18(1)(a)), the responsible road authority under s 37(1)(c)/(d) Road Management Act for non‑arterial State roads (s 18(1)(b)), the municipal council for municipal roads (s 18(1)(c)), and the owner for any other road (s 18(1)(d)). If you operate on freeways, EastLink, West Gate Tunnel or North East Link, check whether the Secretary or specified toll corporation is the road manager. Obtain any heavy‑vehicle permits, consult route restrictions and record any transfer arrangements under s 18(2)-(3).
Ensure fatigue and work diary compliance (ss 56-59; Schedule item 8.34)
- Chapter 6 HVNL fatigue rules apply. Transitional rules require you to account for driving within the 7 days immediately before commencement day (s 58) and to treat pre‑commencement work diaries kept under Part 10A RS Act as written work diaries (s 59). Maintain accurate, contemporaneous work diaries in the format required by national regulations and the Road Safety Act regulations referenced in ss 35-38 for engine management and device evidentiary rules.
Preserve and secure engine management and telematics data (s 35)
- Section 35 presumes engine management system data derived from specified reading devices is accurate absent contrary evidence. To comply:
  - Ensure telematics and engine management systems are properly installed, maintained and can produce certified exports.
  - Retain raw data, metadata and chain‑of‑custody records for a suitable retention period to allow rebuttal of presumptions if necessary.
  - Be aware that the regulations under the Road Safety Act specify devices and operation protocols (s 35(2)).
Maintain vehicle and device maintenance, and record testing/sealing (ss 34-38, 37)
- Devices such as speed detectors, road safety cameras and weighing devices must be tested, sealed and used in the prescribed manner to produce presumptively admissible evidence (ss 34, 36, 36A, 37-38). Operators should:
  - Keep records of device calibration, maintenance and any on‑vehicle equipment logs.
  - Cooperate promptly with authorised testing and sealing procedures.
  - Keep evidence of hiring, servicing and repairs to rebut a contrary claim.
Keep passenger and loading records to address s 36A(2) passenger mass deeming
- For passenger‑carrying heavy vehicles, s 36A(2) allows mass of the load to be calculated by deeming that 16 adult passengers equal 1 tonne. Keep manifests, passenger lists, ticketing or electronic passenger records to demonstrate actual passenger numbers where mass limits are relevant.
Prepare to meet or rebut device and certificate evidence in prosecutions (ss 32-38)
- The Act’s evidentiary framework makes many device outputs and certificates admissible and proof unless contradicted. To prepare:
  - Keep contemporaneous work diaries, manifests, GPS traces and photographic evidence.
  - Obtain access to device calibration certificates and test/seal histories.
  - Where possible, use independent audits of telematics and weighbridge outputs to provide alternative evidence if prosecuted.
Monitor national regulations and their publication (s 6)
- National regulations are subject to publication under HVNL s 733 and to adaptation via s 6 of this Act. Subscribe to updates from the Regulator and the Victorian Government Gazette. Because disallowance requires a majority of participating jurisdictions to be effective, changes to national regulations may remain in force in Victoria even if disallowed locally; counsel should track participating jurisdictions’ disallowance activity where relevant (s 6(2)-(3)).
Deal with infringements and fines properly (ss 13, 24-25)
- Infringement notices under s 591 HVNL are enforced by the Infringements Act 2006 and Fines Reform Act 2014 (s 13). The infringement penalty is 10% of the maximum for the offence (s 25). Practically:
  - Treat infringement notices as enforceable under the State’s fines machinery.
  - Check whether the offence is prescribed for infringement under s 591 HVNL and whether the 10% rule applies.
  - Appeals must be lodged in the appropriate forum; review pathways are laid out (s 26).
For councils and road managers: keep actions consistent with Regulator functions (Schedule item 6.1)
- Councils must not exercise Division powers inconsistently with Regulator functions under the HVNL (Schedule item 6.1). Local authorities should align permitting, signposting, and enforcement policies with the Regulator’s published policies and notices to avoid inconsistent actions.
When seized property is at stake, pursue appeals promptly (s 8)
- Tribunals can order forfeiture or return of seized things or samples and must delay forfeiture effectiveness until appeal periods expire or appeals are determined (s 8(4B)). If property has been seized, lodge appeals within applicable timeframes to preserve rights; seek early interlocutory relief where appropriate.
For legal teams: check tribunal mapping and preferred forum (s 15; s 26)
- Appeals under Part 11.3 HVNL map to VCAT (s 26(1)) and the HVNL is an enabling enactment for the VCAT Act (s 26(2)), but some parts of the HVNL specify the Magistrates’ Court as the relevant tribunal (s 15(2)). Verify the appropriate forum before filing and be aware of different procedural rules and time limits across VCAT and the Magistrates’ Court.
Data and disclosure , coordinate with compensation authorities (Schedule item 1.1)
- The Accident Compensation Act amendment allows the Authority to request relevant information from the Regulator about convictions or infringement notices related to alleged serious and wilful misconduct. Operators should understand the circumstances in which the Regulator may disclose personal or corporate records to compensation authorities and manage records accordingly.
Train and authorise staff to understand HVNL evidentiary and record obligations (s 9A)
- Because the Regulator can make staff available as authorised officers under Victorian Acts (s 9A(2)), employers should ensure staff understand the scope of functions, data collection, chain of custody and record retention that will be required when interacting with authorised officers and the Regulator.
Engage counsel early when device or certificate evidence appears likely
- Given the statutory presumptions, early legal engagement is prudent to identify what contrary evidence is necessary, to instruct experts, and to preserve disclosure requests (certificates of testing and sealing, calibration records, device manifests, surveyor certificates under s 33).

By following these steps, operators, road managers and legal advisers can reduce exposure to adverse enforcement outcomes, prepare defences to device‑based evidence, and align operational practices with the administrative mappings created by the Act.

Heavy Vehicle National Law Application Act 2013

Plain English Summary

Deep Dive

What it does

Current sections

Heavy Vehicle National Law Application Act 2013

Source text: opening excerpt

1 Heavy Vehicle National Law Application Act 2013

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