1

Version No. 001

Heavy Vehicle National Law Application (Infringements) Regulations 2023

S.R. No. 118/2023

Version as at
2 December 2023

TABLE OF PROVISIONS

Regulation Page

1 Objective 1

2 Authorising provision 1

3 Commencement 1

4 Revocations 1

5 Definitions 1

6 Prescribed offences 2

Schedule 1—Prescribed offences 3

Schedule 2—Revocations 11

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Endnotes 12

1 General information 12

2 Table of Amendments 14

3 Explanatory details 15

Version No. 001

Heavy Vehicle National Law Application (Infringements) Regulations 2023

S.R. No. 118/2023

Version as at
2 December 2023

1 Objective

The objective of these Regulations is to prescribe offences for which infringement notices may be served under the Heavy Vehicle National Law (Victoria).

2 Authorising provision

These Regulations are made under section 54 of the Heavy Vehicle National Law Application Act 2013.

3 Commencement

These Regulations come into operation on 2 December 2023.

4 Revocations

The Regulations set out in Schedule 2 are revoked.

5 Definitions

In these Regulations—

the FM Regulation means the Heavy Vehicle (Fatigue Management) National Regulation;

Note

The FM Regulation is a national regulation made by the Queensland Governor in accordance with section 730 of the National Law and published on the NSW legislation website in accordance with section 733 of the National Law.

the MDL Regulation means the Heavy Vehicle (Mass, Dimension and Loading) National Regulation;

Note

The MDL Regulation is a national regulation made by the Queensland Governor in accordance with section 730 of the National Law and published on the NSW legislation website in accordance with section 733 of the National Law.

the National Law means the Heavy Vehicle National Law (Victoria).

6 Prescribed offences

For the purposes of section 591 of the National Law, an offence specified in Column 2 of a Table in Schedule 1 is a prescribed offence.

Schedule 1—Prescribed offences

Regulation 6

Part 1—Offences under the Heavy Vehicle National Law (Victoria)

Table

Part 2⎯Offences under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation

Table

Part 3—Offences under the Heavy Vehicle (Fatigue Management) National Regulation

Table

Schedule 2—Revocations

Regulation 4

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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.

The Heavy Vehicle National Law Application (Infringements) Regulations 2023, S.R. No. 118/2023 were made on 14 November 2023 by the Governor in Council under section 54 of the Heavy Vehicle National Law Application Act 2013, No. 30/2013 and came into operation on 2 December 2023: regulation 3.

The Heavy Vehicle National Law Application (Infringements) Regulations 2023 will sunset 10 years after the day of making on 14 November 2033 (see section 5 of the Subordinate Legislation Act 1994).

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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

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

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

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

• Punctuation

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

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

There are no amendments made to the Heavy Vehicle National Law Application (Infringements) Regulations 2023 by statutory rules, subordinate instruments and Acts.

3 Explanatory details

Penalties

These Regulations are made under section 54 of the Heavy Vehicle National Law Application Act 2013 to prescribe offences for the purposes of section 591 of the Heavy Vehicle National Law (Victoria).

In terms of the penalty for each offence listed in these Regulations, it was agreed by the Standing Council on Transport and Infrastructure on 25 February 2013 that it would be 10% of the maximum penalty for the offence.

This penalty for a prescribed offence is stated in section 25 of the Heavy Vehicle National Law Application Act 2013.

Section 737 of the Heavy Vehicle National Law (Victoria) provides for a method for penalties to increase each year on 1 July. The new penalties that apply to an offence under the Heavy Vehicle National Law (Victoria) are published under section 737(4) on the Regulator's website.

Since section 25 of the Heavy Vehicle National Law Application Act 2013 provides that the infringement penalty is always 10% of the maximum penalty for a prescribed offence, regulations are not required to set the infringement penalty for each prescribed offence.