Part 12Administration

Chapter 12—Administration Part 1—Responsible Ministers 651—Policy directions (1) The responsible Ministers may give directions to the Regulator about the policies to be applied by the Regulator in exercising its functions under this Law. (2) A direction under this section cannot be about— (a) a particular person; or (b) a particular heavy vehicle; or (c) a particular application or proceeding. (3) The Regulator must comply with a direction given to it by the responsible Ministers under this section. (4) A copy of a direction given by the responsible Ministers to the Regulator is to be published in the Regulator's annual report. 652—Referral of matters etc by responsible Minister (1) The responsible Minister for a participating jurisdiction may— (a) refer a matter relevant to that jurisdiction to the Regulator for action under this Law; or (b) ask the Regulator for information about the exercise of the Regulator's functions under this Law as applied in that jurisdiction. (2) However, the Minister cannot— (a) refer a matter to the Regulator under subsection (1)(a) that may require the Regulator to take action that is inconsistent with— (i) a direction given by the responsible Ministers under section 651; or (ii) the approved guidelines; or (b) direct the Regulator to take or not to take particular action in relation to a matter referred to the Regulator under subsection (1)(a); or (c) otherwise influence the exercise of the Regulator's functions under this Law. (3) The Regulator may charge a fee for dealing with a referral or request made under subsection (1). (4) A fee charged by the Regulator under subsection (3) must be an amount— (a) the Regulator considers reasonable; and (b) that is no more than the reasonable cost of dealing with the referral or request. (5) Section 740(2) to (4) do not apply to a fee charged by the Regulator under subsection (3). 653—Approved guidelines for exemptions, authorisations, permits and other authorities (1) The responsible Ministers may approve guidelines about any of the following: (b) granting vehicle standards exemptions; (c) granting mass or dimension exemptions; (d) granting class 2 heavy vehicle authorisations; (e) granting electronic recording system approvals; (f) granting work and rest hours exemptions; (g) granting work diary exemptions; (h) granting fatigue record keeping exemptions; (i) granting heavy vehicle accreditation; (j) granting or issuing an exemption, authorisation, permit or authority, or making a declaration, under the national regulations; (k) granting PBS design approvals and PBS vehicle approvals; (l) other matters as referred to in— (i) paragraph (a)(ii) of the definition road condition in section 154; or (ii) section 156A(1)(a)(ii); or (iii) section 163(1)(b)(ii)(B); or (iv) section 174(1)(b); or (v) section 178(1)(b). (2) The guidelines, and any instrument amending or repealing the guidelines, must be published in the Commonwealth Gazette. (3) The Regulator must ensure a copy of the guidelines as in force from time to time and any document applied, adopted or incorporated by the guidelines is— (a) made available for inspection, without charge, during normal business hours at each office of the Regulator; and (b) published on the Regulator's website. 654—Other approvals (1) The responsible Ministers may approve— (a) a standard for sleeper berths; or (b) standards and business rules for— (i) advanced fatigue management; or (ii) basic fatigue management; or (iii) heavy vehicle maintenance management; or (iv) heavy vehicle mass management; or (c) a class of auditors for the purposes of Chapter 8. (2) The approval, and any instrument amending or repealing the approval, must be published in the Commonwealth Gazette. (3) The Regulator must ensure a copy of an approval in force under subsection (1), and any document the subject of the approval, is— (a) made available for inspection, without charge, during normal business hours at each office of the Regulator; and (b) published on the Regulator's website. 655—How responsible Ministers exercise functions (1) The responsible Ministers are to give a direction or approval, or make a recommendation, request or decision, for the purposes of a provision of this Law by a resolution passed by the responsible Ministers in accordance with the procedures decided by the responsible Ministers. (2) Subsection (1) applies subject to the following: (a) subsection (3); (b) a provision of this Law that provides how a direction or approval must be given, or a recommendation, request or decision must be made, by the responsible Ministers, including, for example, a provision that provides that a recommendation by the responsible Ministers must be unanimous. (3) The Commonwealth responsible Minister may decide whether or not to participate in the exercise of a function given to the responsible Ministers under this Law and, if the Commonwealth responsible Minister decides not to participate, the following apply in relation to the exercise of the function: (a) a reference in this Law to the responsible Ministers is taken to be a reference to a group of Ministers consisting of the responsible Minister for each participating jurisdiction; (b) a direction, approval, recommendation, request or decision by the responsible Ministers is taken to be unanimous if the responsible Minister for each participating jurisdiction agrees with the direction, approval, recommendation, request or decision. (4) An act or thing done by the responsible Ministers (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Ministers comprising the responsible Ministers. 655A—Delegation by responsible Ministers (1) The responsible Ministers may delegate to the Board the function of approving a minor amendment of— (a) a guideline mentioned in section 653; or (b) an approval mentioned in section 654. minor amendment, of a guideline or approval, means an amendment of the guideline or approval in a minor respect— (b) in another way that does not— (i) increase a safety risk; or (ii) increase a risk of damage to road infrastructure; or (iii) cause an adverse effect on public amenity; or (iv) make a person liable to a penalty. Part 2—National Heavy Vehicle Regulator Division 1—Establishment, functions and powers 656—Establishment of National Heavy Vehicle Regulator (1) The National Heavy Vehicle Regulator is established. (2) It is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of the other participating jurisdictions, has the effect that the National Heavy Vehicle Regulator is one single national entity, with functions conferred by this Law as so applied. (3) The Regulator has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction. (4) The Regulator may exercise its functions in relation to— (a) one participating jurisdiction; or (b) 2 or more or all participating jurisdictions collectively. 657—Status of Regulator (1) The Regulator— (a) is a body corporate with perpetual succession; and (b) has a common seal; and (c) may sue and be sued in its corporate name. (2) The Regulator represents the State. 658—General powers of Regulator (1) The Regulator has all the powers of an individual and, in particular, may— (a) enter into contracts; and (b) acquire, hold, dispose of, and deal with, real and personal property; and (c) do anything necessary or convenient to be done in the exercise of its functions. (2) Without limiting subsection (1), the Regulator may enter into an agreement with a State or Territory that makes provision for— (a) the State or Territory to provide services to the Regulator that assist the Regulator in exercising its functions; or (b) the Regulator to provide services to the State or Territory relating to the functions of the Regulator under this Law. 659—Functions of Regulator (1) The Regulator's main function is to achieve the object of this Law. (2) Without limiting subsection (1), the Regulator has the following functions: (a) to provide the necessary administrative services for the operation of this Law, including, for example, collecting fees, charges and other amounts payable under this Law; (aa) to keep the database of heavy vehicles; (b) to monitor compliance with this Law; (c) to investigate contraventions or possible contraventions of provisions of this Law, including offences against this Law; (d) to bring and conduct proceedings in relation to contraventions or possible contraventions of provisions of this Law, including offences against this Law; (e) to bring and conduct, or conduct and defend, appeals from decisions in proceedings mentioned in paragraph (d); (f) to conduct reviews of particular decisions made under this Law by the Regulator or authorised officers; (g) to conduct and defend appeals from decisions on reviews mentioned in paragraph (f); (h) to implement and manage an audit program for heavy vehicle accreditations granted under this Law; (i) to monitor and review, and report to the responsible Ministers on, the operation of this Law, including, for example, monitoring, reviewing and reporting on— (i) the extent to which the object of this Law or particular aspects of this Law are being achieved; and (ii) the extent and nature of noncompliance with this Law; and (iii) the outcome of activities for monitoring and investigating compliance with this Law; and (iv) the effect of heavy vehicle accreditation on achieving the object of this Law or particular aspects of this Law; and (v) the effect of modifications to this Law as it applies in a particular participating jurisdiction on achieving the object of this Law or particular aspects of this Law; (j) to identify and promote best practice methods— (i) for complying with this Law; or (ii) for managing risks to public safety arising from the use of heavy vehicles on roads; or (iii) for the productive and efficient road transport of goods or passengers by heavy vehicles; (k) to encourage and promote safe and productive business practices of persons involved in the road transport of goods or passengers by heavy vehicles that do not compromise the object of this Law; (ka) to provide advice, information and education to persons with duties or obligations under this Law about compliance with the duties or obligations; (l) to work collaboratively with other law enforcement agencies to ensure a nationally consistent approach for enforcing contraventions of laws involving heavy vehicles; (m) to work collaboratively with road managers, the National Transport Commission and industry bodies to ensure a wide understanding of the object of this Law or particular aspects of this Law, and encourage participation in achieving the object; (n) the other functions conferred on it under this Law. 660—Cooperation with participating jurisdictions and Commonwealth (1) The Regulator may exercise any of its functions in cooperation with or with the assistance of a participating jurisdiction or the Commonwealth, including in cooperation with or with the assistance of a government agency of a participating jurisdiction or of the Commonwealth. (2) In particular, the Regulator may— (a) ask a government agency of a participating jurisdiction or the Commonwealth for information that the Regulator requires to exercise its functions under this Law; and (b) use the information provided to exercise its functions under this Law; and (c) give information to a government agency of a participating jurisdiction or the Commonwealth that the agency requires to exercise its functions under a law of the participating jurisdiction or the Commonwealth. (3) A government agency that receives a request for information under this section from the Regulator is authorised to give the information to the Regulator. (4) A government agency that receives information under this section from the Regulator is authorised to use the information only to exercise its functions mentioned in subsection (2)(c). 661—Delegation (1) The Regulator may delegate any of its functions to— (a) the chief executive of an entity or a department of government of a participating jurisdiction or the Commonwealth; or (b) the chief executive officer or another member of the staff of the Regulator; or (c) a person engaged as a contractor by the Regulator; or (d) any other person whom the Regulator considers is appropriately qualified to exercise the function. (2) A delegation of a function may permit the subdelegation of the function to an appropriately qualified person. See section 29 of Schedule 1 which provides for matters relating to the delegation and subdelegation of functions. Division 2—Governing board of Regulator Subdivision 1—Establishment and functions 662—Establishment of National Heavy Vehicle Regulator Board (1) The Regulator has a governing board known as the National Heavy Vehicle Regulator Board. (2) It is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of the other participating jurisdictions, has the effect that the National Heavy Vehicle Regulator Board is one single national entity, with functions conferred by this Law as so applied. (3) The Board has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction. (4) The Board may exercise its functions in relation to— (a) one participating jurisdiction; or (b) 2 or more or all participating jurisdictions collectively. 663—Membership of Board (1) The Board consists of 5 members appointed by the Queensland Minister on the unanimous recommendation of the responsible Ministers. (2) The members of the Board must consist of— (a) at least 1 member who has expertise in transportation policy; and (b) at least 1 other member who has expertise in economics, law, accounting, social policy or education and training; and (c) at least 1 other member who has experience in managing risks to public safety arising from the use of vehicles on roads; and (d) at least 1 other member who has financial management skills, business skills, administrative expertise or other skills or experience the responsible Ministers believe is appropriate. (3) Of the members of the Board, one is to be appointed by the Queensland Minister, on the unanimous recommendation of the responsible Ministers, as the Chairperson of the Board and another as the Deputy Chairperson. 664—Functions of Board (1) The affairs of the Regulator are to be controlled by the Board. (2) Without limiting subsection (1), the Board's functions include the following: (a) subject to any directions of the responsible Ministers, deciding the policies of the Regulator; (b) ensuring the Regulator exercises its functions in a proper, effective and efficient way. (3) All acts and things done in the name of, or on behalf of, the Regulator by or with the authority of the Board are taken to have been done by the Regulator. (4) The Board has any other functions given to the Board under this Law. Subdivision 2—Members 665—Terms of office of members (1) Subject to this Division, a member of the Board holds office for the period, not more than 3 years, specified in the member's instrument of appointment. (2) If otherwise qualified, a member of the Board is eligible for reappointment. 666—Remuneration A member of the Board is entitled to be paid the remuneration and allowances decided by the responsible Ministers from time to time. 667—Vacancy in office of member (1) The office of a member of the Board becomes vacant if the member— (a) completes a term of office; or (b) resigns the office by signed notice given to the responsible Ministers; or (c) has been found guilty of an offence, whether in a participating jurisdiction or elsewhere, that the responsible Ministers consider renders the member unfit to continue to hold the office of member; or (d) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration for their benefit; or (e) is absent, without leave first being granted by the relevant entity, from 3 or more consecutive meetings of the Board of which reasonable notice has been given to the member personally or by post; or (f) is removed from office by the Queensland Minister under this section; or (g) dies. (2) The Queensland Minister may remove a member of the Board from office if the responsible Ministers recommend the removal of the member on the basis that the member has engaged in misconduct or has failed to or is unable to properly exercise the member's functions as a member of the Board. relevant entity means— (a) for a member who is the Chairperson of the Board—the responsible Ministers; or (b) for another member—the Chairperson of the Board. 668—Board member to give responsible Ministers notice of certain events A member of the Board must, within 7 days of either of the following events occurring, give the responsible Ministers notice of the event: (a) the member is convicted of an offence; (b) the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration for their benefit. 669—Extension of term of office during vacancy in membership (1) If the office of a member of the Board becomes vacant because the member has completed the member's term of office, the member is taken to continue to be a member during that vacancy until the date on which the vacancy is filled, whether by re‑appointment of the member or appointment of a successor to the member. (2) However, this section ceases to apply to the member if— (a) the member resigns the member's office by signed notice given to the responsible Ministers; or (b) the responsible Ministers decide the services of the member are no longer required. (3) The maximum period for which a member of the Board is taken to continue to be a member under this section after completion of the member's term of office is 6 months. 670—Members to act in public interest A member of the Board is to act impartially and in the public interest in the exercise of the member's functions as a member. 671—Disclosure of conflict of interest (1) If a member of the Board has a direct or indirect pecuniary or other interest that conflicts or may conflict with the exercise of the member's functions as a member, the member must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the member's interest and the conflict to— (a) for a member who is the Chairperson of the Board—the responsible Ministers; or (b) for another member—the Chairperson of the Board. (2) If a disclosure is made under subsection (1), the entity to whom the disclosure is made must notify the Board of the disclosure. (3) Particulars of any disclosure made under subsection (1) must be recorded by the Board in a register of interests kept for the purpose. (4) After a member of the Board has disclosed the nature of an interest and conflict or potential conflict under subsection (1), the member must not be present during any deliberation of the Board with respect to any matter that is, or may be, affected by the conflict, or take part in any decision of the Board with respect to any matter that is, or may be, affected by the conflict, unless— (a) for a member who is the Chairperson of the Board, the responsible Ministers otherwise decide; or (b) for another member, the Board otherwise decides. (5) For the purposes of the making of a decision by the Board under subsection (4) in relation to a matter, a member of the Board who has a direct or indirect pecuniary or other interest that conflicts or may conflict with the exercise of the member's functions as a member with respect to the matter must not— (a) be present during any deliberation of the Board for the purpose of making the decision; or (b) take part in the making of the decision by the Board. (6) A contravention of this section does not invalidate any decision of the Board but if the Board becomes aware a member of the Board contravened this section, the Board must reconsider any decision made by the Board in which the member took part in contravention of this section. Subdivision 3—Meetings 672—General procedure (1) The procedure for the calling of meetings of the Board and for the conduct of business at the meetings is, subject to this Law, to be decided by the Board. (2) Without limiting subsection (1), the Chairperson of the Board— (a) may at any time call a meeting of the Board; and (b) must call a meeting if asked, in writing, by at least 3 other members of the Board. 673—Quorum The quorum for a meeting of the Board is a majority of its members. 674—Chief executive officer may attend meetings (1) The chief executive officer of the Regulator may attend meetings of the Board and participate in discussions of the Board. (2) However, the chief executive officer— (a) must, as soon as possible after becoming aware that the chief executive officer has a direct personal interest in a matter to be considered by the Board, disclose the interest to the Chairperson of the Board; and (b) is not entitled to be present during the consideration by the Board of any matter in which the chief executive officer has a direct personal interest; and (c) is not entitled to vote at a meeting. 675—Presiding member (1) The Chairperson of the Board is to preside at a meeting of the Board. (2) However, in the absence of the Chairperson of the Board the following person is to preside at a meeting of the Board: (a) if the Deputy Chairperson of the Board is present at the meeting, the Deputy Chairperson; (b) otherwise, a person elected by the members of the Board who are present at the meeting. (3) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote. 676—Voting A decision supported by a majority of the votes cast at a meeting of the Board at which a quorum is present is the decision of the Board. 677—Minutes The Chairperson or other member of the Board presiding at a meeting of the Board must ensure minutes of the meeting are taken. 678—First meeting The Chairperson of the Board may call the first meeting of the Board in any way the Chairperson thinks fit. 679—Defects in appointment of members A decision of the Board is not invalidated by any defect or irregularity in the appointment of any member of the Board. Subdivision 4—Committees 680—Committees (1) The Board may establish committees to assist the Board in exercising its functions. (2) The members of a committee need not be members of the Board. (3) A member of a committee is appointed on the terms and conditions the Board considers appropriate, including terms about remuneration. (4) The procedure for the calling of meetings of a committee and for the conduct of business at the meetings may be decided by the Board or, subject to any decision of the Board, by the committee. Division 3—Chief executive officer 681—Chief executive officer (1) There is to be a chief executive officer of the Regulator. (2) The chief executive officer is to be appointed by the Board. (3) The chief executive officer is to be appointed for a period, not more than 5 years, specified in the officer's instrument of appointment. (4) The chief executive officer is eligible for re‑appointment. (5) The chief executive officer is taken, while holding that office, to be a member of the staff of the Regulator. 682—Functions of chief executive officer The chief executive officer of the Regulator— (a) is responsible for the day‑to‑day management of the Regulator; and (b) has any other functions conferred on the chief executive officer by the Board. 683—Delegation by chief executive officer The chief executive officer of the Regulator may delegate any of the functions conferred on the officer, other than this power of delegation, to— (a) an appropriately qualified member of the staff of the Regulator; or (b) the chief executive of an entity or a department of government of a participating jurisdiction. Division 4—Staff 684—Staff (1) The Regulator may, for the purpose of exercising its functions, employ staff. (2) The staff of the Regulator are to be employed on the terms and conditions decided by the Regulator from time to time. (3) Subsection (2) is subject to any relevant industrial award or agreement that applies to the staff. 685—Staff seconded to Regulator The Regulator may make arrangements for the services of any of the following persons to be made available to the Regulator in connection with the exercise of its functions: (a) a member of the staff of a government agency of the Commonwealth, a State or a Territory; (b) a member of the staff of a local government authority. 686—Consultants and contractors (1) The Regulator may engage persons with suitable qualifications and experience as consultants or contractors. (2) The terms and conditions of engagement of consultants or contractors are as decided by the Regulator from time to time.