Part 2ADatabase of heavy vehicles

Part 2A—Database of heavy vehicles 686A—Database of heavy vehicles (1) The Regulator must keep a database of heavy vehicles that enables the identification of a heavy vehicle registered under a law of a participating jurisdiction and the registered operator of the vehicle. (2) The database of heavy vehicles must— (a) be kept in the way prescribed by the national regulations; and (b) contain the information prescribed by the national regulations. (3) The Regulator may include in the database of heavy vehicles other information the Regulator considers relevant to the objects of this Law, including information given by another Australian jurisdiction to the Regulator. (4) The Regulator may require a registration authority that registers a heavy vehicle under a law of a participating jurisdiction to give the Regulator the information prescribed under subsection (2)(b) as soon as reasonably practicable after the registration authority receives the information. (5) If the registration authority becomes aware of a change to the information given to the Regulator under subsection (4), the registration authority must, as soon as reasonably practicable after becoming aware of the change, notify the Regulator of the change. 686B—Regulator may share information in database of heavy vehicles The Regulator may give information included in the database of heavy vehicles to— (a) a registration authority for a participating jurisdiction or another Australian jurisdiction; or (b) a police force or police service for a participating jurisdiction or another Australian jurisdiction. Part 3—Miscellaneous Division 1—Finance 687—National Heavy Vehicle Regulator Fund (1) The National Heavy Vehicle Regulator Fund is established. (2) The Fund is to be administered by the Regulator. (3) The Regulator may establish accounts with any financial institution for money in the Fund. (4) The Fund does not form part of the consolidated fund or consolidated account (however described) of a participating jurisdiction or the Commonwealth. 688—Payments into Fund (1) There is payable into the Fund (except as provided by subsection (2))— (a) all money appropriated by the Parliament of any participating jurisdiction or the Commonwealth for the purposes of the Fund; and (b) all fees, charges, costs and expenses paid to or recovered by the Regulator under this Law; and (c) the proceeds of the investment of money in the Fund; and (d) all grants, gifts and donations made to the Regulator, but subject to any trusts declared in relation to the grants, gifts or donations; and (e) all money directed or authorised to be paid into the Fund under this Law, any law of a participating jurisdiction or any law of the Commonwealth; and (f) any other money or property received by the Regulator in connection with the exercise of its functions; and (g) any money paid to the Regulator for the provision of services to a State or Territory under an agreement mentioned in section 658(2)(b). (2) Money that is received by the Regulator under an agreement mentioned in section 658(2)(b) and that is payable to another entity under the agreement is not payable into the Fund. 689—Payments out of Fund Payments may be made from the Fund for the purpose of— (a) paying any costs or expenses, or discharging any liabilities, incurred in the administration or enforcement of this Law, including, for example, payments made to a State or Territory for the provision of services under an agreement mentioned in section 658(2)(a); and (b) paying any money directed or authorised to be paid out of the Fund under this Law; and (c) making any other payments recommended by the Regulator and approved by the responsible Ministers. 690—Investment by Regulator (1) The Regulator must invest its funds in a way that is secure and provides a low risk so that the Regulator's exposure to the loss of funds is minimised. (2) The Regulator must keep records that show it has invested in a way that complies with subsection (1). 691—Financial management duties of Regulator The Regulator must— (a) ensure its operations are carried out efficiently, effectively and economically; and (b) keep proper books and records in relation to the Fund and other money received by the Regulator; and (c) ensure expenditure is made from the Fund for lawful purposes only and, as far as possible, that reasonable value is obtained for money expended from the Fund; and (d) ensure its procedures, including internal control procedures, afford adequate safeguards with respect to— (i) the correctness, regularity and propriety of payments made from the Fund; and (ii) receiving and accounting for payments made to the Fund; and (iii) prevention of fraud or mistake; and (e) take any action necessary to ensure the preparation of accurate financial statements in accordance with Australian Accounting Standards for inclusion in its annual report; and (f) take any action necessary to facilitate the audit of the financial statements under this Law; and (g) arrange for any further audit by a qualified person of the books and records kept by the Regulator if directed to do so by the responsible Ministers. 692—Amounts payable to other entities (1) The Regulator may establish accounts with any financial institution for money referred to in section 688(2), pending payment of the money to States, Territories or other entities entitled to receive it under— (a) applicable agreements mentioned in section 658(2)(b); or (b) arrangements approved by the responsible Ministers, to the extent applicable agreements do not make provision for payment. (2) Money in an account established under this section does not form part of the consolidated fund or consolidated account (however described) of a participating jurisdiction or the Commonwealth. Division 2—Reporting and planning arrangements 693—Annual report (1) The Regulator must, within 3 months after the end of each financial year, give the responsible Ministers an annual report for the financial year. (2) The annual report must— (a) include for the period to which the report relates— (i) the financial statements that have been audited by an auditor decided by the responsible Ministers; and (ii) a statement of actual performance measured against the National Performance Measures (Standards and Indicators) outlined in the current corporate plan under section 695; and (iii) a statement of exceptions where the National Performance Measures (Standards and Indicators) were not achieved, including a statement of issues that impacted on the achievement of the measures; and (iv) a statement of trend analysis relating to performance measured against the National Performance Measures (Standards and Indicators); and (v) a statement of the outcome of consultation strategies and activities, including a summary of industry comments; and (vi) a statement of the achievements attained in implementing, and the challenges encountered in implementing, the Regulator's objectives stated in the current corporate plan; and (vii) a statement of the achievements attained in the exercise of the Regulator's functions; and (viii) a statement of arrangements in place to secure collaboration with State and Territory agencies and the effectiveness of those arrangements; and (ix) a statement indicating the nature of any reports requested by the responsible Ministers under section 694; and (x) other matters required by the national regulations; and (b) be prepared in the way required by the national regulations. (3) Without limiting subsection (2)(b), the national regulations may provide— (a) that the financial statements are to be prepared in accordance with Australian Accounting Standards; and (b) for the auditing of the financial statements. (4) The responsible Ministers are to make arrangements for the tabling of the Regulator's annual report in each House of the Parliament of each participating jurisdiction and of the Commonwealth. (5) As soon as practicable after the annual report has been tabled in at least one House of the Parliament of a participating jurisdiction, the Regulator must publish a copy of the report on the Regulator's website. 694—Other reports The responsible Ministers may, by written direction given to the Regulator, require the Regulator to give to the responsible Ministers, within the period stated in the direction, a report about any matter that relates to the exercise by the Regulator of its functions. 695—Corporate plans (1) The Regulator must, on an annual basis, prepare and give to the responsible Ministers for approval by the Ministers a corporate plan for each 3 year period. (2) The corporate plan must— (a) outline the Regulator's objectives for the 3 year period; and (b) state how the Regulator's objectives will be implemented during the 3 year period; and (c) contain a statement outlining the National Performance Measures (Standards and Indicators), determined by the Regulator under subsection (4), for the 3 year period, including (but not limited to) annual measures for each of the 3 years specifying— (i) the standards expected to be complied with for each year; and (ii) the performance indicators proposed to be used for measuring the Regulator's progress in implementing the Regulator's objectives during the year; and (d) identify any challenges and risks that the Regulator reasonably believes may have a significant impact, during the 3 year period, on— (i) the Regulator's ability to implement the Regulator's objectives; and (ii) the achievement of the object of this Law; and (iii) the exercise of the Regulator's functions; and (e) include the Regulator's proposed budget for each financial year commencing within the 3 year period. (3) The Regulator must, by notice given to the responsible Ministers, advise the Ministers if either of the following occurs: (a) the Regulator makes a significant amendment to its corporate plan; (b) the Regulator becomes aware of an issue that will have a significant impact on its ability to implement the objectives stated in the corporate plan. (4) The Regulator must publish documentation for National Performance Measures on the Regulator's website and determine National Performance Measures (Standards and Indicators) in accordance with the documentation. Division 3—Oversight of the Regulator and Board 696—Application of particular Queensland Acts to this Law (1) The following Acts, as in force from time to time, apply for the purposes of this Law: (a) the Information Privacy Act 2009 of Queensland; (b) the Public Records Act 2002 of Queensland; (c) the Right to Information Act 2009 of Queensland. (2) However, the Acts mentioned in subsection (1) do not apply for the purposes of this Law to the extent that— (a) functions under this Law are being exercised by a State or Territory entity; or (b) without limiting paragraph (a), functions are being exercised by a State or Territory entity under an agreement mentioned in section 658(2)(a) or under a delegation under this Law. (3) The national regulations may modify an Act mentioned in subsection (1) for the purposes of this Law. (4) Without limiting subsection (3), the national regulations may— (a) provide that the Act applies as if a provision of the Act specified in the regulations were omitted; or (b) provide that the Act applies as if an amendment to the Act made by a law of Queensland, and specified in the regulations, had not taken effect; or (c) confer a function on a State or Territory entity; or (d) confer jurisdiction on a tribunal or court of a participating jurisdiction. (5) An Act mentioned in subsection (1) applies for the purposes of this Law as if the Minister responsible for a government agency were the responsible Ministers in relation to a body established by this Law. (6) Subsection (5) applies to an Act mentioned in subsection (1) with the modifications (if any) mentioned in subsection (3), but does not apply in relation to any provisions of that Act specified in the national regulations for the purposes of this subsection. State or Territory entity does not include the Regulator. Division 4—Provisions relating to persons exercising functions under Law 697—General duties of persons exercising functions under this Law (1) A person exercising functions under this Law must, when exercising the functions, act honestly and with integrity. (2) A person exercising functions under this Law must exercise the person's functions under this Law— (a) in good faith; and (b) with a reasonable degree of care, diligence and skill. (3) A person exercising functions under this Law must not make improper use of the person's position or of information that comes to the person's knowledge in the course of, or because of, the person's exercise of the functions— (a) to gain an advantage for himself or herself or another person; or (b) to cause a detriment to the implementation or operation of this Law. Maximum penalty for the purposes of subsection (3): $10 000. 698—Protection from personal liability for persons exercising Regulator's or Board's functions under this Law (1) A person who is or was a protected person does not incur civil liability personally for anything done or omitted to be done in good faith— (a) in the exercise of a function of the Regulator or the Board under this Law; or (b) in the reasonable belief that the act or omission was the exercise of a function of the Regulator or the Board under this Law. (2) Any liability resulting from an act or omission that would, but for the purposes of subsection (1), attach to a protected person attaches instead to the Regulator. protected person means an individual who is any of the following: (a) a member of the Board; (b) a member of a committee of the Board; (c) a member of the staff of the Regulator; (d) an authorised officer; (e) a person to whom the Regulator has delegated any of its functions or to whom functions delegated by the Regulator have been subdelegated; (f) a person acting under the direction or authority of a person mentioned in paragraphs (a) to (e), including, for example, a person helping an authorised officer or an assistant mentioned in section 518, 519 or 523; (g) a person— (i) who constitutes a body corporate that exercises functions of the Regulator under this Law; and (ii) who is, or is of a class, prescribed by the national regulations; (h) any other person exercising functions of the Regulator under this Law. 698A—No liability, right etc arising from particular functions of authorised officer or Regulator (1) This section applies in relation to anything done by the Regulator or a protected person in the exercise of— (a) a function of an authorised officer under section 479(2); or (b) a function of the Regulator under section 659(2)(ka). (2) The doing of the thing does not, of itself, give rise to— (a) a civil liability of the Regulator or protected person; or (b) a right, expectation, duty or obligation that would not otherwise be conferred or imposed on a person in relation to whom the thing was done; or (c) a defence that would not otherwise be available to a person in relation to whom the thing was done. (3) However, subsection (2)(a) applies only to a thing done by the Regulator or a protected person in good faith. See also section 698 in relation to civil liability for a thing done in good faith. (4) A reference in this section to doing a thing includes a reference to omitting to do a thing. protected person—see section 698(3). Chapter 13—General Part 1—General offences Division 1—Offence about discrimination or victimisation 699—Discrimination against or victimisation of employees (1) An employer must not dismiss an employee, or otherwise prejudice an employee in the employee's employment, for the reason that the employee— (a) has helped or given information to a public authority or law enforcement agency in relation to a contravention or alleged contravention of this Law; or (b) has made a complaint about a contravention or alleged contravention of this Law to an employer, former employer, fellow employee, former fellow employee, union or public authority or law enforcement agency. Examples of prejudicial conduct in relation to an employee's employment— • demotion of the employee • unwarranted transfer of the employee • reducing the employee's terms of employment (2) An employer must not fail to offer employment to a prospective employee, or in offering employment to a prospective employee treat the prospective employee less favourably than another prospective employee would be treated in similar circumstances, for the reason that the prospective employee— (a) has helped or given information to a public authority or law enforcement agency in relation to a contravention or alleged contravention of this Law; or (b) has made a complaint about a contravention or alleged contravention of this Law to an employer, former employer, fellow employee, former fellow employee, union or public authority or law enforcement agency. (3) In a proceeding for an offence against subsection (1) or (2), if all the facts constituting the offence other than the reason for the defendant's action are proved, the defendant has the onus of proving that the defendant's action was not for the reason alleged in the charge for the offence. employee includes an individual who works under a contract for services; employer, of a prospective employee, includes a prospective employer of the employee. 700—Order for damages or reinstatement (1) This section applies if a court convicts an employer of an offence against section 699 in relation to an employee or prospective employee. (2) In addition to imposing a penalty, the court may make 1 or more of the following orders: (a) an order that the employer pay, within a stated period, the employee or prospective employee the damages the court considers appropriate to compensate the employee or prospective employee; (b) for an employee—an order that the employee be reinstated or re‑employed in the employee's former position or, if that position is not available, in a similar position; (c) for a prospective employee—an order that the prospective employee be employed in the position for which the prospective employee applied or, if that position is not available, in a similar position. (3) An order for damages under subsection (2)(a)— (a) cannot be for an amount exceeding the monetary jurisdictional limit of the court in civil proceedings; and (b) is taken to be, and is enforceable as, a judgment of the court sitting in civil proceedings. (4) A person against whom an order is made under subsection (2)(b) or (c) must comply with the order. employee includes an individual who works under a contract for services; employer, of a prospective employee, includes a prospective employer of the employee. Division 2—Offences about false or misleading information 701—False or misleading statements (1) A person commits an offence if the person makes a statement to an official that the person knows is false or misleading. (2) A person commits an offence if the person— (a) makes a statement to an official that is false or misleading; and (b) is reckless as to whether the statement is false or misleading. (3) Subsections (1) and (2) apply even if the statement was not given in response to, or in purported compliance with, a direction or requirement under this Law. (4) In a proceeding for an offence against subsection (1) or (2), it is enough for a charge to state that the statement made was 'false or misleading', without specifying whether it was false or whether it was misleading. official includes— (a) TCA exercising a function under Chapter 7; and (b) a person exercising a function under this Law under the direction or authority of an official. 702—False or misleading documents (1) A person commits an offence if the person gives an official a document containing information the person knows is false or misleading. (2) Subsection (1) does not apply if the person, when giving the document— (a) tells the official how information contained in the document is false or misleading; and (b) if the person has the correct information—gives the correct information. (3) A person commits an offence if the person— (a) gives an official a document containing information that is false or misleading; and (b) is reckless as to whether information contained in the document is false or misleading. (4) Subsections (1) and (3) apply even if the document was not given in response to, or in purported compliance with, a direction or requirement under this Law. (5) In a proceeding for an offence against subsection (1) or (3), it is enough for a charge to state that the information was 'false or misleading', without specifying whether it was false or whether it was misleading. official includes— (a) TCA exercising a function under Chapter 7; and (b) a person exercising a function under this Law under the direction or authority of an official. 703—False or misleading information given by responsible person to another responsible person (1) A responsible person for a heavy vehicle (the information giver) must not give another responsible person for a heavy vehicle (the affected person) information the information giver knows, or ought reasonably to know, is false or misleading in a material particular. See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something. (2) A responsible person for a heavy vehicle (also the information giver) must not give another responsible person for a heavy vehicle (the affected person) information that is false or misleading in a material particular if the information giver does so recklessly as to whether the information is false or misleading in the material particular. Maximum penalty: $8 000. (3) Subsections (1) and (2) do not apply if the affected person knew, or ought reasonably to have known, that the information was false or misleading in the material particular. (4) Subsection (1) or (2) does not apply if the information giver gives the information in writing and, when giving the information— (a) tells the affected person how it is false or misleading; and (b) if the information giver has the correct information—gives the correct information in writing. (5) Subsection (1) or (2) applies even if the information was not given in response to, or in purported compliance with, a direction or requirement under this Law. (6) In a proceeding for an offence against subsection (1) or (2)— (a) it is enough for a charge to state that the statement made was 'false or misleading', without specifying whether it was false or whether it was misleading; and (b) it is enough for a charge to state that the information given was false or misleading to the information giver's knowledge, without specifying whether the information giver knew or ought reasonably to have known the information was false or misleading. information means information in any form, whether or not in writing; material particular means a particular relating to an element of an offence against this Law that is or could be committed by a person mentioned in paragraph (a) or (b) if the person relies, or were to rely, on the particular— (a) the responsible person for a heavy vehicle to whom the information is given; (b) any other responsible person for a heavy vehicle who, at any time, is given the false or misleading information. 704—Offence to falsely represent that heavy vehicle authority is held etc (1) A person must not represent— (a) that the person has been granted a heavy vehicle authority the person has not been granted; or (b) that a heavy vehicle authority has been granted in relation to a thing for which it has not been granted; or (c) that the person is operating under a heavy vehicle authority that the person is not entitled to operate under; or (d) that a thing is operating under a heavy vehicle authority that the thing is not authorised to operate under. (2) A person must not represent that the person or a thing is operating under a heavy vehicle authority if the authority is no longer in force. (3) A person must not possess a document that falsely purports to be— (a) an accreditation certificate for a heavy vehicle accreditation; or (b) a document mentioned in section 468(1)(b) or (c); or (c) a document evidencing the grant of an electronic recording system approval, exemption, authorisation, permit or other authority under this Law; or a Commonwealth Gazette notice, a permit (d) a copy of a document mentioned in paragraph (a), (b) or (c). heavy vehicle authority means— (a) a heavy vehicle accreditation; or (b) an electronic recording system approval, exemption, authorisation, permit or other authority under this Law. Part 2—Industry codes of practice 705—Guidelines for industry codes of practice (1) The Regulator may make guidelines about the preparation and content of an industry code of practice that may be registered under this Law. (2) Without limiting subsection (1), the guidelines may provide that an industry code of practice registered under this Law must provide for the review of the code of practice. (3) The Regulator must— (a) keep a copy of the guidelines available for inspection by the public, during office hours on business days, at the Regulator's head office; and (b) publish a copy of the guidelines on the Regulator's website. 706—Registration of industry codes of practice (1) The Regulator may register an industry code of practice for the purposes of this Law prepared in accordance with guidelines in force under section 705. (2) The registration may be subject to the following conditions imposed by the Regulator: (a) that the industry code of practice must be reviewed after a stated period; (b) that a stated person, or a person of a stated class, must be appointed to maintain the industry code of practice and ensure it is updated following changes to best practice methods for the industry to which it relates; (c) that the industry code of practice must be updated following changes to the guidelines for the preparation and content of the industry code of practice in force under section 705. (3) The registration may be subject to other conditions the Regulator considers appropriate. (4) Subsection (5) applies if— (a) a condition applying to the registration of an industry code of practice is contravened; or (b) the guidelines in force under section 705 about the preparation and content of an industry code of practice are changed and a registered industry code of practice does not comply with the guidelines as amended. (5) The Regulator may— (a) amend the conditions of the registration, including by adding new conditions; or Example of a condition for the purposes of paragraph (a)— that the registered industry code of practice be amended in a stated way to reflect a change to the guidelines for the preparation and content of the code of practice in force under section 705 (b) cancel the registration. (6) Conditions mentioned in subsection (2) can be amended under subsection (5) so long as the amended conditions conform with subsection (2), but cannot otherwise be amended. (7) The Regulator incurs no liability for loss or damage suffered by a person because the person relied on a registered industry code of practice. Part 3—Legal proceedings Division 1—Proceedings 707—Proceeding for indictable offences (1) The prosecution may bring a proceeding for an indictable offence— (a) on indictment; or (b) in a summary way. (2) However, a court of summary jurisdiction must not hear and decide an indictable offence in a summary way if— (a) at the start of the hearing, the defendant asks for the charge to be prosecuted on indictment; or (b) the court is satisfied— (i) after hearing submissions from the prosecution and defence at any stage of the hearing, that the defendant, if convicted, may not be adequately punished for the particular offence on a summary conviction; or (ii) on an application made by the defence, that the charge should not be heard and decided in a summary way because of exceptional circumstances. (3) If the court decides that the offence be prosecuted on indictment— (a) the court must conduct the proceeding as a committal proceeding; and (b) any evidence given in the proceeding, before the court decided that the offence be prosecuted on indictment, is taken to be evidence in the committal proceeding; and (c) the court must disregard any plea that the defendant made at the start of the proceeding. 707A—Proceeding for other offences (1) The prosecution must bring a proceeding for an offence against this Law, other than an indictable offence, in a summary way. (2) The proceeding must start— (a) within 2 years after the offence is committed; or (b) within 1 year after the commission of the offence comes to the complainant's knowledge, but within 3 years after the offence is committed. (3) A statement in a complaint for an offence against this Law that the matter of the complaint came to the complainant's knowledge on a stated day is evidence of when the matter came to the complainant's knowledge. Division 2—Evidence 708—Proof of appointments unnecessary For the purposes of this Law, it is not necessary to prove the appointment of the following persons: (a) an official; (b) a police commissioner. 709—Proof of signatures unnecessary For the purposes of this Law, a signature purporting to be the signature of 1 of the following persons is evidence of the signature it purports to be: (a) an official; (b) a police commissioner. 710—Averments (1) In a proceeding for an offence against this Law, a statement in the complaint for the offence that, at a stated time or during a stated period— (a) a stated vehicle or a stated combination was a heavy vehicle; or (b) a stated vehicle or a stated combination was of a stated category of heavy vehicle; or (c) a stated person was the registered operator of a stated heavy vehicle; or (d) a stated person held a permit for a mass or dimension authority, a heavy vehicle accreditation or another authority under this Law; or (e) a stated location was, or was a part of, a road or road‑related area; or (f) a stated location was, under a stated provision of this Law or another stated law, subject to a stated prohibition, restriction or other requirement about the use of heavy vehicles or stated categories of heavy vehicles, (2) In a proceeding for an offence against this Law, a statement or allegation in the complaint for the offence that the act or omission constituting the alleged offence was done or made in a stated place, at a stated time, on a stated date or during a stated period, is evidence of the matter. 711—Evidence by certificate by Regulator generally (1) A certificate purporting to be issued by the Regulator and stating that, at a stated time or during a stated period— (e) a stated person held or did not hold a heavy vehicle accreditation granted under this Law; or (f) a stated exemption or authorisation under this Law applied or did not apply to a stated person or a stated heavy vehicle; or (g) a stated person is the holder of a stated permit or other authority under this Law; or (h) a stated heavy vehicle accreditation, exemption, authorisation, permit or other authority under this Law was or was not amended, suspended or cancelled under this Law; or (i) a stated penalty, fee, charge or other amount was or was not, or is or is not, payable under this Law by a stated person; or (j) a stated fee, charge or other amount payable under this Law was or was not paid to the Regulator; or (k) a stated person has or has not notified the Regulator of any, or a stated, change of the person's address; or (l) a stated identification card (however called) was issued by the Regulator to a stated person and was or was not current; or (m) a stated authorised officer (other than an authorised officer who is a police officer) was authorised to exercise a stated power under this Law and— (i) was not restricted in the exercise of the power by the officer's conditions of appointment or a direction of the Regulator; or (ii) was not restricted in a stated way in the exercise of the power by the officer's conditions of appointment or a direction of the Regulator; or (n) a stated industry code of practice was or was not registered under section 706; or (o) a stated road or road‑related area, or a stated part of a road or road‑related area, was in an area or on a route declared under a stated provision of this Law or the national regulations; or (p) a stated heavy vehicle, or a stated component of a stated heavy vehicle, was weighed by or in the presence of a stated authorised officer on a stated weighbridge or weighing facility or by the use of a stated weighing device, and that a stated mass was the mass of the vehicle or component; or (q) a stated mathematical or statistical procedure was carried out in relation to stated information generated, recorded, stored, displayed, analysed, transmitted or reported by an approved intelligent transport system and the results of the procedure being carried out; (2) A procedure specified in a certificate under subsection (1)(q) is presumed, unless the contrary is proved— (a) to be valid and reliable for the purpose for which it was used; and (b) to have been carried out correctly. 712—Evidence by certificate by road authority A certificate purporting to be issued by a road authority and stating that, at a stated time or during a stated period— (a) a stated vehicle was or was not registered or licensed under a law administered by the authority; or (b) a stated person was the person in whose name a stated vehicle was registered or licensed under a law administered by the authority; or (c) a stated vehicle was not registered or licensed under a law administered by the authority in a stated person's name; or (d) a stated location— (i) was, or was part of, a road or road‑related area; or (ii) was not a road or road‑related area or part of a road or road‑related area; or (e) a stated location was or was not, under a stated law of a stated participating jurisdiction, subject to a stated prohibition, restriction or other requirement about the use of heavy vehicles or stated categories of heavy vehicles, 713—Evidence by certificate by Regulator about matters stated in or worked out from records (1) A certificate purporting to be issued by the Regulator and stating any of the following matters is evidence of the matter: (a) a stated matter appears in a stated record kept by the Regulator for the administration or enforcement of this Law; (b) a stated matter appears in a stated record accessed by the Regulator for the administration or enforcement of this Law. (2) A certificate purporting to be issued by the Regulator and stating that a matter that has been worked out from either of the following is evidence of the matter: (a) a stated record kept by the Regulator for the administration or enforcement of this Law; (b) a stated record accessed by the Regulator for the administration or enforcement of this Law. (3) This section does not limit section 711. 714—Evidence by certificate by authorised officer about instruments (1) A certificate purporting to be issued by an authorised officer and stating that, on a stated day or at a stated time on a stated day, a stated instrument— (a) was in a proper condition; or (b) had a stated level of accuracy, is evidence of those matters on the stated day or at the stated time. (2) Evidence of the condition of the instrument, or the way in which it was operated, is not required unless evidence that the instrument was not in proper condition or was not properly operated has been given. (3) A defendant in a proceeding for an offence against this Law who intends to challenge the condition of an instrument, or the way in which it was operated, must give the complainant notice of the intention to challenge. (4) The notice must be— (b) given at least 14 days before the day fixed for the hearing of the charge. instrument means— (a) a weighing device; or (b) an intelligent transport system. 715—Challenging evidence by certificate (1) A defendant in a proceeding for an offence against this Law who intends to challenge a matter stated in a certificate mentioned in section 711, 712, 713 or 714(1) must give the complainant notice of the intention to challenge. (2) The notice must be— (b) given at least 14 days before the day fixed for the hearing of the charge. (3) If the matter intended to be challenged is the accuracy of a measurement, an analysis or a reading from a device, the notice must state— (a) the basis on which the defendant intends to challenge the accuracy of the measurement, analysis or reading; and (b) the measurement, analysis or reading the defendant considers to be the correct measurement, analysis or reading. (4) A defendant in a proceeding for an offence against this Law cannot challenge a matter stated in a certificate mentioned in section 711, 712, 713 or 714(1) unless— (a) the defendant has complied with this section; or (b) the court gives leave to the defendant to challenge the matter, in the interests of justice. (5) This section applies only if the defendant is given a copy of the certificate at least 28 days before the appointed date for the hearing of the charge. 716—Evidence by record about mass A record of the mass of a heavy vehicle, or a component of a heavy vehicle, purporting to be made by the operator of a weighbridge or weighing facility at which the vehicle or component was weighed, or by the operator's employee— (a) is admissible in a proceeding under this Law; and (b) is evidence of the mass of the vehicle or component at the time it was weighed. 717—Manufacturer's statements (1) A written statement of the recommended maximum loaded mass (mass rating) for a heavy vehicle, or a component of a heavy vehicle, purporting to be made by the manufacturer of the vehicle or component is admissible in a proceeding under this Law and is evidence— (a) of the mass rating; and (b) of any conditions, stated in the statement, to which the mass rating is subject; and (c) that the statement was made by the manufacturer. (2) A written statement of the strength or performance rating of equipment used to restrain a load and designed for use on a heavy vehicle, or on a component of a heavy vehicle, purporting to be made by the manufacturer of the equipment is admissible in a proceeding under this Law and is evidence— (a) that the equipment was designed for the use; and (b) of the strength or performance rating of the equipment; and (c) of any conditions, stated in the statement, to which the rating is subject; and (d) that the statement was made by the manufacturer. Example of equipment used to restrain a load— a chain or strap 718—Measurement of weight on tyre (1) A mark or print on a tyre purporting to be the maximum load capacity decided by the manufacturer of the tyre is evidence of the maximum load capacity for the tyre at cold inflation pressure decided by the manufacturer. (2) If it is impracticable to work out the mass on each tyre in an axle or axle group, the mass on the axle or axle group divided by the number of tyres in the axle or axle group is taken to be the mass on the tyre in the absence of evidence to the contrary. 719—Transport and journey documentation (1) Transport documentation and journey documentation are admissible in a proceeding under this Law and are evidence of— (a) the identity and status of the parties to the transaction to which the documentation relates; and (b) the destination or intended destination of the load to which the documentation relates; and (c) either or both the date on which and the time at which— (i) any document in the documentation was created; or (ii) any transaction mentioned in the documentation was effected or carried out; or (iii) any journey mentioned in the documentation was started, carried out or finished; or (iv) any other matter mentioned in the documentation was effected, started, carried out or finished; and (d) the location of any person, heavy vehicle, goods or other matter or thing mentioned in the documentation; and (e) the date and time at which any person, heavy vehicle, goods or other matter or thing mentioned in the documentation was present at a particular place. status, of the parties to a transaction, includes the status of each of the parties as a responsible person for the heavy vehicle used or intended to be used for transporting the goods the subject of the transaction. 720—Evidence not affected by nature of vehicle Evidence obtained in relation to a vehicle because of the exercise of a power under this Law in the belief or suspicion that the vehicle is a heavy vehicle is not affected merely because the vehicle is not a heavy vehicle. 721—Certificates of TCA (1) A certificate purporting to be signed by a person on behalf of TCA stating any of the following matters is evidence of the matter: (a) a stated intelligent transport system was or was not an approved intelligent transport system on a stated date or during a stated period; (b) a stated person was or was not an intelligent access program service provider on a stated date or during a stated period; (c) a stated person was or was not an intelligent access program auditor on a stated date or during a stated period. (2) A person who purportedly signs a certificate of a type mentioned in subsection (1) on behalf of TCA is presumed, unless the contrary is proved, to have been authorised by TCA to sign the certificate on TCA's behalf. 722—Approved intelligent transport system (1) An approved intelligent transport system, including all the equipment and software that makes up the system, is presumed, unless the contrary is proved, to have operated properly on any particular occasion. (2) Without limiting subsection (1), information generated, recorded, stored, displayed, analysed, transmitted and reported by an approved intelligent transport system is presumed, unless the contrary is proved, to have been correctly generated, recorded, stored, displayed, analysed, transmitted and reported by the system. (3) Without limiting subsection (1) or (2), information generated by an approved intelligent transport system is presumed, unless the contrary is proved, not to have been changed by being recorded, stored, displayed, analysed, transmitted or reported by the system. (4) If in a proceeding it is established by contrary evidence that particular information recorded or stored by an approved intelligent transport system is not a correct representation of the information generated by the system, the presumption mentioned in subsection (3) continues to apply to the remaining information recorded or stored by the system despite that contrary evidence. (5) If a defendant in a proceeding for an offence against this Law intends to challenge any of the following matters, the defendant must give the complainant notice of the intention to challenge: (a) that an approved intelligent transport system has operated properly; (b) that information generated, recorded, stored, displayed, analysed, transmitted or reported by an approved intelligent transport system has been correctly generated, recorded, stored, displayed, analysed, transmitted or reported by the system; (c) that information generated by an approved intelligent transport system has not been changed by being recorded, stored, displayed, analysed, transmitted or reported by the system. (6) The notice must— (a) be signed by the defendant; and (b) state the grounds on which the defendant intends to rely to challenge a matter mentioned in subsection (5)(a), (b) or (c); and (c) be given at least 14 days before the day fixed for the hearing of the charge. (7) This section does not limit section 714. 723—Evidence as to intelligent access map (1) A certificate purporting to be signed by a person on behalf of TCA stating that a particular map was or was not the intelligent access map as issued by TCA on a stated date or during a stated period is conclusive evidence of the matter stated in the certificate. (2) The intelligent access map, as issued by TCA at a particular time, is presumed, unless evidence sufficient to raise doubt about the presumption is adduced, to be a correct representation of the national road network at the time of its issue. (3) A person who purportedly signs a certificate of the kind referred to in subsection (1) on behalf of TCA is presumed, unless evidence sufficient to raise doubt about the presumption is adduced, to have been authorised by TCA to sign the certificate on TCA's behalf. 724—Reports and statements made by approved intelligent transport system (1) A report purporting to be made by an approved intelligent transport system— (a) is presumed, unless the contrary is proved— (i) to have been properly made by the system; and (ii) to be a correct representation of the information generated, recorded, stored, displayed, analysed, transmitted and reported by the system; and (b) is admissible in a proceeding under this Law; and (c) is evidence of the matters stated in it. (2) However, subsection (1)(c) does not apply to information stated in a report made by an approved intelligent transport system that has been manually entered into the system by an operator or driver of a heavy vehicle. If the driver of a heavy vehicle enters the mass of the vehicle into the intelligent transport system, the information about the mass of the vehicle stated in a report made by the system is not evidence of the mass of the vehicle. (3) Also, if in a proceeding it is established by contrary evidence that part of a report made by an approved intelligent transport system is not a correct representation of particular information generated, recorded, stored, displayed, analysed, transmitted or reported by the system, the presumption mentioned in subsection (1)(a) continues to apply to the remaining parts of the report despite that contrary evidence. (4) If a defendant in a proceeding for an offence against this Law intends to challenge any of the following matters, the defendant must give the complainant notice of the intention to challenge: (a) that a report made by an approved intelligent transport system has been properly made; (b) that a report made by an approved intelligent transport system is a correct representation of the information generated, recorded, stored, displayed, analysed, transmitted and reported by the system; (c) the correctness of a statement of a vehicle's position on the surface of the earth at a particular time that is made by an approved intelligent transport system. (5) The notice must— (a) be signed by the defendant; and (b) state the grounds on which the defendant intends to rely to challenge the matter mentioned in subsection (4)(a), (b) or (c); and (c) be given at least 14 days before the day fixed for the hearing of the charge. (6) This section does not limit section 714. 725—Documents produced by an electronic recording system (1) This section applies to an approved electronic recording system constituting an electronic work diary or of which an electronic work diary is a part. (2) A document purporting to be made by the approved electronic recording system— (a) is presumed, unless the contrary is proved— (i) to have been properly made by the system; and (ii) to be a correct representation of the information generated, recorded, stored, displayed, analysed, transmitted and reported by the system; and (b) is admissible in a proceeding under this Law relating to a fatigue‑regulated heavy vehicle; and (c) is evidence of the matters stated in it. 726—Statement by person involved with use or maintenance of approved electronic recording system (1) This section applies to an approved electronic recording system constituting an electronic work diary or of which an electronic work diary is a part. (2) A written statement about how the approved electronic recording system has been used or maintained, and purporting to be made by the person purporting to be involved in the use or maintenance— (a) is admissible in a proceeding under this Law relating to a fatigue‑regulated heavy vehicle; and (b) is evidence of the matters included in the statement. Examples of statements— • a statement made by the driver of a fatigue‑regulated heavy vehicle who uses an electronic work diary about how the driver operated the work diary • a statement made by an owner of an approved electronic recording system about how the owner has maintained the system • a statement made by the record keeper (within the meaning given by section 317) of the driver of a fatigue‑regulated heavy vehicle who uses an electronic work diary about how information was transmitted from the electronic work diary to the record keeper 726A—Evidence of offence (1) In a proceeding for an offence against this Law— (a) evidence of a court convicting a person of a heavy vehicle offence is evidence that the heavy vehicle offence happened at the time and place, and in the circumstances, stated in the complaint for the heavy vehicle offence; and (b) evidence of details stated in an infringement notice issued for a heavy vehicle offence is evidence that the heavy vehicle offence happened at the time and place, and in the circumstances, stated in the infringement notice. heavy vehicle offence means— (a) an offence against this Law; or (b) an offence by the driver of a heavy vehicle of exceeding a speed limit applying to the driver. 726B—Evidence obtained by police using other powers To remove any doubt, it is declared that evidence lawfully obtained by a police officer using powers other than the powers under this Law is not inadmissible in proceedings for a contravention of this Law only because the evidence was obtained using the other powers. 726C—Evidence obtained in another jurisdiction To remove any doubt, it is declared that evidence lawfully obtained in a jurisdiction (the first jurisdiction) is not inadmissible in proceedings for a contravention of this Law in another jurisdiction only because the evidence was obtained in the first jurisdiction. Division 3—Publication of court outcomes 726D—Regulator may publish convictions, penalties, orders, etc (1) This section applies if a court convicts a person of an offence against this Law. Under section 9, a court convicts a person of an offence if the court finds the person guilty, or accepts the person's plea of guilty, for the offence whether or not a conviction is recorded. (2) The Regulator may publish the following information about the conviction on the Regulator's website: (a) the offence for which the person was convicted; (b) if the court imposed a penalty for the conviction—the penalty imposed; (c) if the court made an order against the person in relation to the conviction—information about the order made, other than information that could identify or lead to the identification of the person. Orders the court may make include commercial benefits penalty orders (see section 597), supervisory intervention orders (see section 600), prohibition orders (see section 607) and compensation orders (see section 611). Part 4—Protected information 727—Definitions for Chapter 13 Part 4 (1) In this Part— authorised use, for protected information, means— (a) use by a person— (i) in the exercise of a function under this Law; or (ii) where use of the information is required or authorised under this Law (whether explicitly or by implication); or (b) use by a public authority or law enforcement agency— (i) for the administration or enforcement of a law or the exercise of another function of the authority or agency, including, for example, investigating a contravention or suspected contravention of a law; or (ii) if a law authorises, requires or permits the disclosure of the information to, and the use of the information by, the authority or agency; or (c) use by a court or tribunal in a proceeding under an Australian road law; or (d) use by a court or tribunal if an order of the court or tribunal requires the disclosure of the information to the court or tribunal; or (e) an activity associated with preventing or minimising— (i) a risk of danger to the life of a person; or (ii) a risk of serious harm to the health of a person; or (iii) a risk to public safety; or (f) a use authorised by the person to whom the information relates; or (g) research purposes if the information contains no personal information; or (h) use by an entity (whether public or private) in connection with road tolls; or (i) use by an entity (whether public or private) in connection with the administration of third party insurance legislation; or (j) use by an entity (whether public or private) for the purpose of determining the registration status of a heavy vehicle; or (k) a use required or authorised under a relevant law of a participating jurisdiction; or (l) a use prescribed by the national regulations; or (m) a use referred to in subsection (2); driver fatigue compliance function means a function exercised for the purpose of— (a) the administration or enforcement of a driver fatigue provision; or (b) education, evaluation and similar activities supporting administration or enforcement of a driver fatigue provision; driver fatigue provision means any of the following: (aa) Chapter 1A to the extent the Chapter relates to driver fatigue; (a) Chapter 6; (b) Chapter 8 to the extent the Chapter relates to BFM accreditation or AFM accreditation; (c) Division 8 of Chapter 9 Part 3; (d) Chapter 9, other than Division 8 of Chapter 9 Part 3, to the extent the Chapter applies to the enforcement of provisions mentioned in paragraphs (aa), (a) and (b); electronic work diary authorised use, for electronic work diary protected information, means— (a) use by a person— (i) in the exercise of a driver fatigue compliance function; or (ii) not in the exercise of a driver fatigue compliance function but authorised under a warrant mentioned in section 729B; or (b) use by a person in the exercise of a function under another law if a warrant issued by a judge or magistrate under the other law or a different law authorises or permits the use of the information by the person; or (c) use by a court or tribunal in a proceeding under an Australian road law; or (d) use by a court or tribunal if an order of the court or tribunal requires the disclosure of the information to the court or tribunal; or (e) research purposes if the information contains no personal information; or (f) use prescribed by the national regulations; or (g) use referred to in subsection (3); electronic work diary information means information generated, recorded, stored, displayed, analysed, transmitted or reported by an approved electronic recording system that constitutes an electronic work diary, or of which an electronic work diary is a part; electronic work diary protected information— (a) means electronic work diary information; but (i) information obtained, collected or recorded other than for the purposes of Chapter 1A to the extent the Chapter relates to driver fatigue or Chapter 6 (the driver fatigue purposes), even if the information is— (A) coincidentally relevant for a driver fatigue purpose; and (B) recorded in an electronic work diary; or (ii) information relating to proceedings before a relevant tribunal or court that are or were open to the public; police agency means a police force or police service (however called) of a participating jurisdiction, and includes an entity prescribed by the Application Act of this jurisdiction as an entity included in this definition; protected information— (a) means information obtained in the course of administering this Law or because of an opportunity provided by involvement in administering this Law; but (i) intelligent access program information; or See Chapter 7 for the restrictions on the use and disclosure of intelligent access program information. (ii) information mentioned in paragraph (a) in a form that does not identify a person; or (iii) information relating to proceedings before a relevant tribunal or court that are or were open to the public; or (iv) electronic work diary protected information; relevant law, of a participating jurisdiction, means a law specified for this definition in a law of the jurisdiction. (2) It is also an authorised use, for protected information disclosed to or otherwise held by a police agency for any purpose or for a particular purpose, to disclose the information to another police agency authorised to hold protected information (whether or not for the same purpose). (3) It is also an authorised use, for electronic work diary protected information disclosed to or otherwise held by a police agency for the purpose of the exercise of a driver fatigue compliance function, to disclose the information to another police agency authorised to hold electronic work diary protected information for the purpose of the exercise of a driver fatigue compliance function. (4) To remove any doubt, it is declared that a reference in this Part to the disclosure of protected information or electronic work diary protected information to an entity includes a reference to the disclosure of the information to a duly authorised employee or agent of the entity. 728—Duty of confidentiality for protected information (1) A person who is, or has been, a person exercising functions under this Law must not disclose protected information to another person. (2) However, subsection (1) does not apply to the Regulator— (a) disclosing protected information in the form of a confirmation that a stated person is the registered operator of a stated heavy vehicle; or (b) disclosing details of heavy vehicles registered in a person's name to an executor or administrator of that person's deceased estate. (3) Also, subsection (1) does not apply if— (a) the disclosure is to an entity for an authorised use; or (b) the disclosure is to, or made with the agreement of, the person to whom the information relates. 728A—Duty of confidentiality for electronic work diary protected information (1) A person who is, or has been, a person exercising functions under this Law must not disclose electronic work diary protected information to another person. (2) Subsection (1) does not apply if— (a) the disclosure is to an entity for an electronic work diary authorised use; or (b) the disclosure is to, or made with the agreement of, the person to whom the information relates. 729—Protected information only to be used for authorised use (1) A person who is, or has been, a person exercising functions under this Law must not use protected information other than for an authorised use. (2) However, subsection (1) does not apply to the Regulator using protected information for making a disclosure mentioned in section 728(2). (3) A person to whom protected information is disclosed under section 728(3)(a) must not use the protected information other than for the authorised use for which it was disclosed to the person. 729A—Electronic work diary protected information only to be used for electronic work diary authorised use (1) A person who is, or has been, a person exercising functions under this Law must not use electronic work diary protected information other than for an electronic work diary authorised use. (2) A person to whom electronic work diary protected information is disclosed under section 728A(2)(a) must not use the information other than for the electronic work diary authorised use for which it was disclosed to the person. 729B—Warrant authorising use of electronic work diary protected information (1) A warrant issued under section 507 by an authorised warrant official who is a judge or magistrate may authorise electronic work diary protected information to be seized under the warrant. (2) The warrant must state the purpose for which the information may be used. (3) An authorised officer may apply for, and the authorised warrant official who is a judge or magistrate may issue, the warrant for entry of a vehicle at a place stated in the warrant or, despite sections 506(1) and 507(2)(a), wherever the vehicle is located. (4) Chapter 9 does not authorise an authorised officer to obtain electronic work diary protected information for a purpose other than the enforcement of a driver fatigue provision unless the information is authorised to be seized under a warrant mentioned in subsection (1). Part 5—National regulations 730—National regulations (1) For the purposes of this section, the designated authority is the Queensland Governor acting with the advice of the Executive Council of Queensland and on the unanimous recommendation of the responsible Ministers. (2) The designated authority may make regulations for the purposes of this Law. (3) The regulations may provide for— (a) any matter a provision of this Law states may be provided for in the regulations; and (b) the imposition of a maximum fine for a contravention of a provision of the regulations of not more than— (i) for a contravention by an individual—$4 000; or (ii) in any other case—$20 000; and However, a maximum fine imposed by the regulations may be increased under section 737 to a higher amount. (c) any other matter that is necessary or convenient to be prescribed for carrying out or giving effect to this Law. (4) Subsection (3)(b) does not require a provision of the regulations prescribing a maximum fine for an offence to expressly prescribe a maximum fine for a body corporate different to the maximum fine for an individual. See section 596 in relation to a provision of the regulations prescribing a maximum fine that does not expressly prescribe a maximum fine for a body corporate different to the maximum fine for an individual. Queensland Governor means the Governor of the State of Queensland and includes— (a) a person acting under a delegation under section 40 of the Constitution of Queensland 2001; and (b) a person for the time being administering the Government of Queensland under section 41 of the Constitution of Queensland 2001. 731—National regulations for approved vehicle examiners (1) Without limiting any other provision of this Law, the national regulations may provide for— (a) the approval of classes of vehicle examiners to inspect vehicles for the purposes of this Law; and (b) the role of the Regulator in approving classes of vehicle examiners and persons as vehicle examiners; and (c) probity requirements for becoming and being approved vehicle examiners; and (d) the functions of approved vehicle examiners or classes of approved vehicle examiners, including, for example— (i) the examination and testing of heavy vehicles and equipment; and (ii) the oversight of entities involved in the inspection or repair of heavy vehicles; and (iii) the clearance of vehicle defect notices; and (e) the premises or location where functions of approved vehicle examiners are permitted to be conducted and any matters relating to the premises or location where those functions are conducted; and (f) the facilities and equipment that approved vehicle examiners are required to have in connection with the exercise of their functions; and (g) the terms and conditions of approval of persons as vehicle examiners (including, for example, fees, qualifications and responsibilities); and (h) procedures for monitoring and auditing compliance with— (i) the terms and conditions of approval of a person as a vehicle examiner; and (ii) the relevant provisions of this Law and any applicable code of practice prescribed by the national regulations; and (iii) any other relevant requirements; and (i) the discipline of, and disciplinary procedures applying to, approved vehicle examiners and entities having responsibility for their functions (including directors, managers and employees), whether— (i) by way of monetary penalties, restriction on functions, imposition of conditions, variation of terms of appointment, suspension of appointment, cancellation of appointment; or (ii) in some other way. (2) The national regulations may make provision with respect to vehicle examiners (however described) appointed or authorised under a law of any participating jurisdiction and entities having responsibility for their functions (including directors, managers and employees), including processes relating to discipline and disciplinary procedures applying to them. 732—National regulations for publication of agreements for services to States or Territories Without limiting any other provision of this Law, the national regulations may provide that particular matters contained in or relating to agreements referred to in section 658(2) are to be published on the Regulator's website. 733—Publication of national regulations (1) The national regulations are to be published on the NSW legislation website in accordance with Part 6A of the Interpretation Act 1987 of New South Wales. (2) A regulation commences on the day or days specified in the regulation for its commencement (being not earlier than the date it is published). 734—Scrutiny of national regulations (1) The responsible Minister for a participating jurisdiction is to refer any adverse report about a national regulation from a legislation scrutiny body for that jurisdiction to the responsible Ministers for consideration and advice. (2) The responsible Ministers are to prepare advice on the adverse report and provide a report to the relevant responsible Minister about the issues raised. (3) The report by the responsible Ministers is to be provided to the responsible Minister in sufficient time to ensure the responsible Minister can provide the response to the relevant scrutiny body within a period that is appropriate in the circumstances. (4) Subsections (1) to (3) do not affect any legislative or other arrangements regarding scrutiny and disallowance in jurisdictions and do not limit a responsible Minister's ability to respond independently to any issues raised by a legislation scrutiny body. legislation scrutiny body means a parliamentary committee (or other parliamentary body) whose functions include the scrutiny of regulations and other subordinate legislation. Part 6—Other 735—Approved forms (1) The Regulator may approve forms for use under this Law. (2) The approval of a form must be notified on the Regulator's website. (3) Failure to comply with subsection (2) does not affect a form's validity. (4) The function of approving forms includes the function of approving the format of forms. 735A—Legal professional privilege Nothing in this Law compels a person to give information that is the subject of legal professional privilege to another person. 736—Penalty at end of provision In this Law, a penalty stated at the end of a provision indicates that an offence mentioned in the provision is punishable on conviction or, if no offence is mentioned, a contravention of the provision constitutes an offence against the provision that is punishable on conviction, by a penalty not more than the stated penalty. See also section 596 in relation to maximum fines for bodies corporate. 737—Increase of penalty amounts (1) This section applies to the penalty stated at the end of a provision for an offence (including a penalty whose amount has already been increased by a previous application or applications of this section). (2) At the start of 1 July of each year, beginning with 1 July 2014, the amount of each penalty is increased, from the amount that applied immediately before that 1 July, in accordance with the method prescribed by the national regulations for the purposes of this section. In some circumstances, the operation of the method can result in no increases occurring on a particular 1 July. (2a) To remove any doubt, the maximum fine limits mentioned in section 730(3)(b) do not limit the application of subsection (2). (3) A recommendation of the responsible Ministers for national regulations prescribing a method for the increase of penalties cannot be made unless the responsible Ministers are satisfied that the method generally accords with increases in relevant inflation indexes or similar indexes. (4) As soon as practicable but before 1 July of each year, the Regulator must publish on the Regulator's website the amounts of each penalty applying as from that date. 737A—Application of section 737 to new penalties (1) The enactment of a new penalty includes the enactment of an increase in the amount of penalty applying under section 737, to take effect when the new penalty commences. (2) For applying section 737 under subsection (1) to a new penalty, the amount of penalty applying under section 737 is to be calculated as if— (a) the new penalty had commenced before 1 July 2014; and (b) the amount of penalty applying had been increased under section 737(2) on 1 July 2014 and any later 1 July happening before the new penalty actually commences. new penalty means a penalty amount stated at the end of a provision for an offence inserted into this Law by an amending Act. 738—Service of documents (1) If this Law requires or permits a document to be served on a person, the document may be served— (a) on an individual— (i) by delivering it to the individual personally; or (ii) by leaving it at, or by sending it by post to, the address of the place of residence or business of the individual last known to the person serving the document; or (iii) by sending it by fax to a fax number notified to the sender by the individual as an address at which service of documents under this Law will be accepted; or (iv) by sending it by email to an Internet address notified to the sender by the individual as an address at which service of documents under this Law will be accepted; or (b) on another person— (i) by leaving it at, or by sending it by post to, the head office, a registered office or a principal office of the person; or (ii) by sending it by fax to a fax number notified to the sender by the person as an address at which service of documents under this Law will be accepted; or (iii) by sending it by email to an Internet address notified to the sender by the person as an address at which service of documents under this Law will be accepted. (2) Subsection (1) applies whether the expression "deliver", "give", "notify", "send" or "serve" or another expression is used. (3) Subsection (1) does not affect— (a) the operation of another law that authorises the service of a document otherwise than as provided in the subsection; or (b) the power of a court or tribunal to authorise service of a document otherwise than as provided in the subsection. 739—Service by post (1) If a document authorised or required to be served on a person under this Law is served by post, service of the document— (a) may be effected by properly addressing, prepaying and posting the document as a letter; and (b) is taken to have been effected at the time at which the letter would be delivered in the ordinary course of post, unless the contrary is proved. (2) Subsection (1) applies whether the expression 'deliver', 'give', 'notify', 'send' or 'serve' or another expression is used. 740—Fees (1) The national regulations may prescribe the fees payable for the following: (a) an application under this Law (whether or not another provision of this Law refers to payment of the prescribed fee for the application); (b) the issue of a work diary for the driver of a fatigue‑regulated heavy vehicle. (2) The Regulator may set fees payable for the provision of a service in connection with the administration of this Law (other than fees mentioned in subsection (1)). (3) The national regulations may provide that stated kinds of fees may be set by the Regulator for inspection services, except so far as those fees are provided for under another law of this jurisdiction. (4) A fee set by the Regulator under subsection (2) or (3) must be an amount— (a) the Regulator considers reasonable; and (b) that is no more than the reasonable cost of providing the service. (5) The Regulator must publish a fee set by the Regulator under subsection (2) or (3)— (a) in the Commonwealth Gazette; and (b) on the Regulator's website. (6) The Regulator may waive payment of the whole or part of a fee in circumstances, or in circumstances of a kind, prescribed by the national regulations. (7) If a fee is prescribed for an application or any other matter under this Law, the decision-maker may decline to deal with the application or proceed with the other matter until the fee is paid. 740A—Increase of fee amounts (1) This section applies to a fee payable under section 740, including a fee whose amount has already been increased by a previous application or applications of this section. (2) At the start of 1 July of each year, starting with 1 July 2016, the amount of the fee is increased from the amount that applied immediately before that 1 July, in accordance with the method prescribed by the national regulations for the purposes of this section. In some circumstances, the operation of the method can result in no increases occurring on a particular 1 July. (3) A recommendation of the responsible Ministers for national regulations prescribing a method for the increase of fees may not be made unless the responsible Ministers are satisfied the method generally accords with increases in relevant inflation indexes or similar indexes. (4) As soon as practicable, but before 1 July of each year, the Regulator must, by public notice, publish the amounts of each fee applying as from that date. 741—Recovery of amounts payable under Law (1) A fee, charge or other amount payable under this Law is a debt due to the Regulator and may be recovered by action for a debt in a court of competent jurisdiction. (2) A fee, charge or other amount payable under this Law may also be recovered in a proceeding for an offence against this Law. (3) An order made under subsection (2)— (a) cannot be for an amount exceeding the monetary jurisdictional limit of the court in civil proceedings; and (b) is taken to be, and is enforceable as, a judgment of the court sitting in civil proceedings. 742—Contracting out prohibited (1) A contract is void to the extent to which it— (a) is contrary to this Law; or (b) purports to annul, exclude, restrict or otherwise change the effect of a provision of this Law; or (c) purports to require the payment or reimbursement by a person of all or part of a penalty that another person has been ordered to pay under this Law. (2) This section does not prevent the parties to a contract from including provisions in the contract imposing greater or more onerous obligations on an entity than are imposed by the requirements of this Law. (3) This section applies to contracts entered into before or after the commencement of this section. 743—Other powers not affected (1) Unless otherwise provided in this Law, nothing in this Law affects any power a court, tribunal or official has apart from this Law. (2) Without limiting subsection (1), nothing in this Law affects a power or obligation under another law to amend, suspend, cancel or otherwise deal with the registration of a heavy vehicle.