Heavy Vehicle National Law (Queensland)
sec.26BPrinciples applying to duties
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sec.26B Principles applying to duties
A person may have more than 1 duty because of the functions the person performs or is required to perform. More than 1 person can concurrently have a duty under this Law and each duty holder must comply with that duty to the standard required by this Law even if another duty holder has the same duty. If more than 1 person has a duty for the same matter, each person— retains responsibility for the person’s duty in relation to the matter; and must discharge the person’s duty to the extent to which the person— has the capacity to influence and control the matter; or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity. A duty under this Law may not be transferred to another person. s 26B ins 2016 No. 65 s 10 (sec.26B-ssec.1) A person may have more than 1 duty because of the functions the person performs or is required to perform. (sec.26B-ssec.2) More than 1 person can concurrently have a duty under this Law and each duty holder must comply with that duty to the standard required by this Law even if another duty holder has the same duty. (sec.26B-ssec.3) If more than 1 person has a duty for the same matter, each person— retains responsibility for the person’s duty in relation to the matter; and must discharge the person’s duty to the extent to which the person— has the capacity to influence and control the matter; or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity. (sec.26B-ssec.4) A duty under this Law may not be transferred to another person.
- (a) retains responsibility for the person’s duty in relation to the matter; and
- (b) must discharge the person’s duty to the extent to which the person— (i) has the capacity to influence and control the matter; or (ii) would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.
- (i) has the capacity to influence and control the matter; or
- (ii) would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.
- (i) has the capacity to influence and control the matter; or
- (ii) would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.