Sch 1applies in relation to this Law.

Schedule 1 applies in relation to this Law. 11—References to laws includes references to instruments made under laws (1) In this Law, a reference (either generally or specifically) to a law or a provision of a law (including this Law) includes a reference to— (a) each instrument (including a regulation) made or in force under the law or provision; and (b) each instrument made or in force under any such instrument. law means a law of the Commonwealth or a State or Territory. 12—References to this Law as applied in a participating jurisdiction In this Law, a reference to this Law as applied by an Act of a participating jurisdiction includes a reference to— (a) a law that substantially corresponds to this Law enacted in a participating jurisdiction; and (b) a law prescribed by the national regulations for the purposes of paragraph (a)(iii) of the definition participating jurisdiction in section 5, enacted in a participating jurisdiction. 13—References to road A reference in this Law to a road includes a reference to a road‑related area, unless a contrary intention appears in this Law. 14—References to particular ADR versions A reference in this Law to an ADR followed by a number is a reference to— (a) if the reference is to a second edition ADR—the ADR of that number in the "Australian Design Rules for Motor Vehicle Safety, Second Edition"; or (b) otherwise—the ADR of that number referenced in the relevant standard. 15—References to categories of heavy vehicles If a provision of this Law provides for the exemption, authorisation, prescription or description of a category of heavy vehicles, heavy vehicles may, without limitation, be categorised for the purposes of the provision as being of any stated class, including, for example— (a) a class of heavy vehicles used for a particular task; and (b) a class of heavy vehicles used by particular persons or a particular class of persons; and (c) a class of heavy vehicles with a particular configuration. Part 3—Application and operation of Law 16—Extraterritorial operation of Law It is the intention of the Parliament of this jurisdiction that the operation of this Law is, as far as possible, to include operation in relation to the following: (a) things situated in or outside the territorial limits of this jurisdiction; (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction; (c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction. 17—Law binds the State (1) This Law binds the State. (2) No criminal liability attaches to the State itself (as distinct from its agents, instrumentalities, officers and employees) under this Law. 18—Relationship with primary work health and safety laws (1) If a provision of this Law and a provision of the primary WHS Law deal with the same thing, and it is possible to comply with both provisions, a person must comply with both provisions. (1a) However, to the extent it is not possible for the person to comply with both provisions, the person must comply with the provision of the primary WHS Law. (2) Evidence of a relevant contravention of this Law is admissible in any proceeding for an offence against the primary WHS Law. (3) Compliance with this Law, or with any requirement imposed under this Law, is not, in itself, evidence that a person has complied with the primary WHS Law or any regulations made under that Law or with a common law duty of care. (3a) If an act, omission or circumstances constitute an offence under this Law and the primary WHS Law, the offender is not liable to be punished twice for the act, omission or circumstances. primary WHS Law, for a participating jurisdiction, means the law that is declared by a law of that jurisdiction to be the primary WHS Law for the purposes of this Law. "WHS" stands for workplace health and safety. Part 4—Performance based standards 19—Main purpose of this Part (1) The main purposes of this Part and other associated provisions of this Law are to enable PBS vehicles that meet a particular performance level to operate (unless otherwise specified by the responsible Minister) on roads that are authorised to be used by PBS vehicles that meet or exceed that performance level. (2) It is intended that authorisations or exemptions can be granted under this Law for PBS vehicles. 20—Notification to road authority of PBS design approval The Regulator must, as soon as practicable, notify the road authority for this jurisdiction, in writing, of a PBS design approval, together with a description of the significant features of the design to which the approval relates. 21—Notification by responsible Minister of non-application or restricted application of PBS design approval (1) The responsible Minister for this jurisdiction may notify the Regulator in writing that any heavy vehicle built to a design that is the subject of a PBS design approval— (a) is not to be permitted to operate in this jurisdiction; or (b) is only to be permitted to operate in this jurisdiction subject to stated conditions. (2) A notice under this section cannot be about— (a) a particular person; or (b) a particular heavy vehicle. (3) A notice under this section is not valid for the purposes of this Law if it does not set out reasons for why it has been issued. (4) On receiving a notice under this section, the Regulator must give a copy of the notice to the person who was given the PBS design approval. (5) On receiving a notice under this section, the Regulator must accordingly impose on the PBS design approval— (a) a condition giving effect to subsection (1)(a); or (b) the stated conditions referred to in subsection (1)(b). 22—Application for PBS design approval (1) An application for a PBS design approval for the design of a type of heavy vehicle may be made to the Regulator. (2) In assessing the application, the Regulator must have regard to— (a) the approved guidelines relevant to the grant of PBS design approvals; and (b) any performance based standards and assessment rules prescribed in the national regulations for the purposes of this paragraph; and (c) the advice of the PBS Review Panel in relation to the application. (3) Having assessed the application, the Regulator must approve or reject the application. (4) The Regulator may approve the application subject to any condition the Regulator considers appropriate. (5) The PBS design approval must state the conditions (if any) to which it is subject under subsection (4) or section 21(5). 23—Application for PBS vehicle approval (1) An application for a PBS vehicle approval for a heavy vehicle may be made to the Regulator. (2) In assessing the application, the Regulator must have regard to— (a) the approved guidelines relevant to the grant of PBS vehicle approvals; and (b) any vehicle certification rules prescribed in the national regulations for the purposes of this paragraph; and (c) the advice of the PBS Review Panel in relation to the application. (3) Having assessed the application, the Regulator must approve or reject the application. (4) The Regulator may approve the application subject to conditions included in the PBS design approval to which the heavy vehicle is built. (5) The PBS vehicle approval must state the conditions (if any) to which— (a) the PBS vehicle approval is subject under subsection (4); and (b) the relevant PBS design approval is subject under section 21(5). (5a) The PBS vehicle approval must state the performance level for the approval. (6) A PBS vehicle approval cannot be given for a class 1 heavy vehicle. 24—Exemption from stated vehicle standards (1) A PBS vehicle approval for a heavy vehicle may provide that the vehicle is exempt from stated vehicle standards. (2) Subsection (1) applies only to vehicle standards of a kind prescribed by the national regulations for the purposes of this section. See section 60(6). 25—Authorisation of different mass or dimension requirement (1) A PBS vehicle approval for a heavy vehicle may provide that the vehicle is authorised to have a mass limit that exceeds a limit that would otherwise apply to the vehicle under a prescribed mass requirement. See section 96(4). (2) A PBS vehicle approval for a heavy vehicle may provide that the vehicle is authorised to have a dimension that exceeds a dimension limit that would otherwise apply to the vehicle under a prescribed dimension requirement. See section 102(4). 25A—Keeping copy of PBS vehicle approval while driving (1) The driver of a PBS vehicle must keep a copy of the PBS vehicle approval in the driver's possession while driving the PBS vehicle. (2) Each relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1), unless the relevant party has a reasonable excuse. relevant party, for the driver of a PBS vehicle, means— 26—National regulations The national regulations may provide for— (a) the procedures for determining an application for a PBS design approval or a PBS vehicle approval, including, for example, providing for the time for making a decision on the application, the fee for the application and forms relating to the application; and (b) the procedures for cancelling or modifying a PBS design approval or PBS vehicle approval; and (c) performance based standards, and assessment and certification rules, relating to PBS design approvals or PBS vehicle approvals; and (d) the appointment, functions and management of persons as PBS assessors and PBS vehicle certifiers.