HEAVY VEHICLE NATIONAL LAW (CONSEQUENTIAL AMENDMENTS) BILL 2013

An Act to amend legislation because of the enactment of the Heavy Vehicle National Law (ACT) Act 2013, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Heavy Vehicle National Law (Consequential Amendments) Act 2013.

This Act commences on the commencement of the Heavy Vehicle National Law (ACT) Act 2013, section 7 (Application of Heavy Vehicle National Law).

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act

• Road Transport (General) (Restricted Access Vehicle Route Access Permit Fees) Determination 2010 (No 1)

2B Regulator and Board not prescribed authorities—Act, dict, def prescribed authority, par (a) (ii)

Heavy Vehicle National Law (ACT) means the provisions applying in the ACT because of the Heavy Vehicle National Law (ACT) Act 2013, section 7 (Application of Heavy Vehicle National Law).

(ab) for an offence against the Heavy Vehicle National Law (ACT)—the maximum fine that can be imposed on the person for the offence is $3 000 or another amount prescribed by regulation; or

Note 4 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act

Note 1 The offences in this section do not apply to an authorised officer (including a police officer) or authorised assistant who drives a heavy vehicle under the Heavy Vehicle National Law (ACT), s 519 (Moving unattended heavy vehicle on road if causing harm etc.).

Note 2 The offences in this section do not apply to an authorised officer (including a police officer) or authorised assistant who starts or stops a heavy vehicle’s engine under the Heavy Vehicle National Law (ACT), s 523 (Starting or stopping heavy vehicle engine). Under that section, an authorised officer or assistant may start or stop a heavy vehicle’s engine to assist with the exercise of powers under that Law.

Note 3 The offences in this section do not apply to a person who is required by an authorised officer (including a police officer) under the Heavy Vehicle National Law (ACT), s 577 (Power to require reasonable help) to start or stop a heavy vehicle’s engine.

(b) to drive a motor vehicle in contravention of the Heavy Vehicle National Law (ACT); or

Note 3 However, the offences in relation to s (3) (a) to (d) do not apply to an authorised officer (including a police officer) or authorised assistant who drives a heavy vehicle under the Heavy Vehicle National Law (ACT), s 519 (Moving unattended heavy vehicle on road if causing harm etc.).

Note 4 Also, the offences in relation to s (3) (a) to (d) do not apply to a person who starts or stops a heavy vehicle’s engine under the Heavy Vehicle National Law (ACT), s 523 (Starting or stopping heavy vehicle engine). Under that section, an authorised officer or authorised assistant may start or stop a heavy vehicle’s engine to assist with the exercise of powers under that Law.

Note 5 Also, the offences in relation to s (3) (a) to (d) do not apply to a person who is required by an authorised officer under the Heavy Vehicle National Law (ACT), s 577 (Power to require reasonable help) to start or stop a heavy vehicle’s engine.

17 When authority may vary, suspend or cancel driver licences

Section 87, note 2

Note 2 A court may also order licence variation, suspension and cancellation under the Heavy Vehicle National Law (ACT), s 598A.

Note 4 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act

22 Definitions—pt 3

Section 21A, new definition of heavy vehicle infringement notice offence

heavy vehicle infringement notice offence means an infringement notice offence against the Heavy Vehicle National Law (ACT).

(1) Subsection (2) applies if an authorised person reasonably believes that a person has committed an infringement notice offence (other than a heavy vehicle infringement notice offence).

Note An authorised officer under the Heavy Vehicle National Law (ACT) may serve a person with a notice if the officer reasonably believes the person has committed a heavy vehicle infringement notice offence (see Heavy Vehicle National Law (ACT), s 591 (1)).

Note The Heavy Vehicle National Law (ACT), s 591 (2) provides that the procedures to be followed in connection with a heavy vehicle infringement notice are to be the procedures prescribed under the Infringement Notice Offences Law for the territory (see also s 5, def Infringement Notice Offences Law and Heavy Vehicle National Law (ACT) Act 2013, s 13).

(b) a notice mentioned in the Heavy Vehicle National Law (ACT), section 591 (1) (Infringement Notices).

Note 3 If a person disputes liability for an infringement notice offence (other than a heavy vehicle infringement notice offence), the administering authority may lay an information in the Magistrates Court against the person for the offence (see s 53). For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.

26 Action on service of reminder notice—payment of penalty etc

Section 28, note 2

Note 2 If a person disputes liability for an infringement notice offence (other than a heavy vehicle infringement notice offence), the administering authority may lay an information in the Magistrates Court against the person for the offence (see s 53). For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.

27 Time for beginning prosecution for infringement notice offence

Section 31

Note For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.

29 Infringement notice—effect of penalty payment etc

Section 39 (1) (a) (iii) (B)

(B) a proceeding had not been brought against a responsible person for the vehicle for the offence.

31 Suspension for nonpayment of infringement notice penalties

Section 44 (1) (a)

Note A notice may be served on a person by an authorised officer for a heavy vehicle infringement notice offence (see Heavy Vehicle National Law (ACT), s 591 (1)).

(a) for a heavy vehicle infringement notice offence—bring a proceeding against the person under the Heavy Vehicle National Law (ACT) within 60 days after being given the notice; or

Note For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.

(b) in any other case—lay an information in the Magistrates Court against the person for the offence within 60 days after being given the notice.

a proceeding or information mentioned in subsection (2) had been brought or laid against the person for the offence.

(6) To remove any doubt, subsection (2) does not permit the administering authority to bring a proceeding or lay an information against a person for an offence after the end of the time within which, apart from this section, a prosecution may be brought against the person for the offence.

Note For the time within which a prosecution for an infringement notice offence other than a heavy vehicle infringement notice offence must be begun, see s 31. For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.

Note 3 Infringement notices for heavy vehicle infringement notice offences are served by authorised officers within the meaning of the Heavy Vehicle National Law (ACT) (see Law, s 591 (1)).

(a) for an infringement notice or a reminder notice for a heavy vehicle infringement notice offence—an authorised officer under the Heavy Vehicle National Law (ACT); or

Note An authorised officer for the Heavy Vehicle National Law (ACT) means a police officer or any other person appointed under the Law, s 481 (see also Law, s 5, def authorised officer).

(B) a person who is appointed under subsection (1) by the administering authority to serve an infringement notice for the offence; or

(B) a person who is appointed under subsection (1) by the administering authority to serve a reminder notice for the offence; or

41 Delegation of administering authority’s functions

New section 54 (1) (d)

42 Police officer or authorised person may require name, date of birth, address and driver licence—driver or rider

Section 58 (1), new note

Note An authorised officer (within the meaning of the Heavy Vehicle National Law (ACT)) may require a driver of a heavy vehicle to produce the driver’s driver licence (see Law, s 567A).

43 Police officer or authorised person may require people to disclose identity of driver

Section 60 (1), new note

Note The responsible person for, or possessor of, a heavy vehicle must disclose the identity of the driver of the heavy vehicle if required under the Heavy Vehicle National Law (ACT), s 567B.

Note A court may also order that a driver is disqualified from obtaining or holding an Australian driver licence under the Heavy Vehicle National Law (ACT), s 598A.

45 Determination of fees, charges and other amounts

Section 96 (5), new definition of road transport legislation

road transport legislation includes the Heavy Vehicle National Law (ACT).

heavy vehicle infringement notice offence, for part 3 (Infringement notices for certain offences)—see section 21A.

49 Identifying particulars for authorised person for infringement notice offence—pt 2

New section 4D, definition of identifying particulars, paragraph (c)

(c) for an authorised officer under the Heavy Vehicle National Law (ACT) other than a police officer—the identification number allocated to the officer under the Law, section 486.

50 Infringement notice penalties—Act, dict, def infringement notice penalty, par (a)

Section 6 (2)

(a) is a heavy vehicle infringement notice offence and the person is a corporation, the penalty payable by the person for the infringement notice offence is P x 5; or

(b) is a camera-detected offence and the person is a corporation, the penalty payable by the person for the infringement notice offence is the amount worked out as follows:

51 Administering authority—Act, dict, def administering authority

Section 8 (1) (c) (i) and (ii)

(3) The Regulator under the Heavy Vehicle National Law (ACT) is the administering authority for heavy vehicle infringement notice offences.

(4) However, the Regulator is taken to have delegated the Regulator’s functions in relation to the administration of infringement notice management plans (including applications for the plans) for heavy vehicle infringement notice offences to the road transport authority.

9 Authorised people for infringement notices other than heavy vehicle infringement notices—Act, s 53A (2)

A police officer may serve an infringement notice for any infringement notice offence (other than a heavy vehicle infringement notice offence).

Note A police officer may also serve infringement notices for heavy vehicle infringement notice offences (see Heavy Vehicle National Law (ACT), s 5, def authorised officer and s 591 (1) and the Act, s 53A (3) (a)).

10 Authorised people for reminder notices other than heavy vehicle infringement notices—Act, s 53A (2)

A police officer may serve a reminder notice for any infringement notice offence (other than a heavy vehicle infringement notice offence).

Note A police officer may also serve reminder notices for heavy vehicle infringement notice offences (see Heavy Vehicle National Law (ACT), s 5, def authorised officer and s 591 (1) and the Act, s 53A (3) (a)).

11 People authorised for infringement notices (other than heavy vehicle infringement notices) etc to have unique number

The administering authority for an infringement notice offence (other than a heavy vehicle infringement notice offence) must give a unique number to each person who is authorised by the administering authority to serve infringement or reminder notices for the offence.

Note For heavy vehicle infringement notice offences, the Regulator under the Heavy Vehicle National Law (ACT) allocates an identification number to authorised officers under the Law, s 486.

54 Infringement notices—service—Act, s 24 (2)

Section 12 (2) (b) (ii) and (3) (b) (ii)

(f) a statement to the effect that, if the person wants to dispute liability for the offence—

(i) for a heavy vehicle infringement notice offence—a proceeding may be brought against the person under the Heavy Vehicle National Law (ACT); or

Note For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.

(g) a statement to the effect that, if a proceeding or issue mentioned in paragraph (f) had been brought or referred, the person may be—

(p) a statement to the effect that, if the person wants to dispute liability for the offence—

(i) for a heavy vehicle infringement notice offence—a proceeding may be brought against the person under the Heavy Vehicle National Law (ACT); or

Note For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.

(q) a statement to the effect that, if a proceeding or issue mentioned in paragraph (p) had been brought or referred, the person may be—

59 Short descriptions, penalties and demerit points

Schedule 1, new parts 1.2A and 1.2B

column 1 item	column 2 offence provision and, if relevant, case	column 3 short description	column 4 offence penalty ($)	column 5 infringement penalty ($)	column 6 demerit points
1	60 (1)
1.1	• if heavy vehicle standard relates to speed limiter	use of heavy vehicle that contravenes heavy vehicle standard	6 000	600
1.2	• in any other case	use of heavy vehicle that contravenes heavy vehicle standard	3 000	300
2	79 (2)	not return as required amended/cancelled vehicle standards exemption (permit)	4 000	400
3	80 (1)	not apply as required for replacement for defaced/destroyed/lost/stolen permit for vehicle standards exemption (permit)	4 000
4	81 (1)	contravene condition of vehicle standards exemption	3 000	300
5	81 (2)	use/permit to be used/heavy vehicle that contravenes condition of vehicle standards exemption	3 000	300
6	81 (3)	use/permit to be used/heavy vehicle in way that contravenes condition of vehicle standards exemption	3 000	300
7	82 (2)	driver of heavy vehicle fail to comply with condition of vehicle standards exemption (notice) that must keep relevant document in driver’s possession	3 000	300
8	82 (3)	each relevant party for driver of heavy vehicle commits offence if driver commits offence against s 82 (2)	3 000	300
9	83 (1)	driver of heavy vehicle not keep copy of permit for vehicle standards exemption (permit) in driver’s possession	3 000	300
10	83 (2)	driver of heavy vehicle not return copy of permit for vehicle standards exemption (permit) to relevant party for driver on stopping working for relevant party	3 000	300
11	83 (3)	each relevant party for driver of heavy vehicle commits offence if driver commits offence against s 83 (1)	3 000	300
12	85 (1)	unapproved modification of heavy vehicle	3 000	300
13	85 (2)	use/permit to be used unapproved modified heavy vehicle	3 000	300
14	86 (2)	approved vehicle examiner who approves modification of heavy vehicle not give certificate approving modification as required and not ensure complying plate/label fitted/affixed to vehicle	3 000	300
15	89 (1)	use/permit to be used unsafe heavy vehicle	6 000	600
16	90 (1)	use/permit to be used heavy vehicle not fitted with emission control system if required by heavy vehicle standard	3 000	300
17	90 (2)	use/permit to be used heavy vehicle fitted with emission control system not operating as designed	3 000	300
18	90 (3)	use/permit to be used heavy vehicle fitted with emission control system and operate system in way causes non-compliance with heavy vehicle standard	3 000	300
19	91 (1)	tamper with emission control system fitted to heavy vehicle	10 000
20	91 (2)	operator of heavy vehicle use/permit to be used vehicle fitted with tampered emission control system	10 000
21	92 (2)	use/permit to be used incorrect warning sign on heavy vehicle	3 000	300
22	93 (1)	tamper with speed limiter fitted to heavy vehicle	10 000
23	93 (2)	fit tampered speed limiter to heavy vehicle	10 000
24	93 (3)	operator of heavy vehicle use vehicle fitted with tampered speed limiter	10 000
25	96 (1)
25.1	• minor risk breach	drive heavy vehicle if vehicle (with load) not comply with mass requirements applying to vehicle—minor risk breach	4 000	400
25.2	• substantial risk breach	drive heavy vehicle if vehicle (with load) not comply with mass requirements applying to vehicle—substantial risk breach	6 000	600
25.3	• severe risk breach	drive heavy vehicle if vehicle (with load) not comply with mass requirements applying to vehicle—severe risk breach	10 000-30 000
26	102 (1)
26.1	• heavy vehicle not have goods or passengers	drive heavy vehicle if vehicle (with load) not comply with dimension requirements applying to vehicle without goods or passengers	3 000	300
26.2	• heavy vehicle has goods or passengers and minor risk breach	drive heavy vehicle if vehicle (with load) not comply with dimension requirements applying to vehicle with goods or passengers—minor risk breach	3 000	300
26.3	• heavy vehicle has goods or passengers and substantial risk breach	drive heavy vehicle if vehicle (with load) not comply with dimension requirements applying to vehicle with goods or passengers—substantial risk breach	5 000	500
26.4	• heavy vehicle has goods or passengers and severe risk breach	drive heavy vehicle if vehicle (with load) not comply with dimension requirements applying to vehicle with goods or passengers—severe risk breach	10 000
27	109 (2)	use heavy vehicle with stated projecting load without warning signal fixed to back of load	3 000	300
28	111 (1)
28.1	• minor risk breach	drive heavy vehicle if vehicle not comply with loading requirements—minor risk breach	3 000	300
28.2	• substantial risk breach	drive heavy vehicle if vehicle not comply with loading requirements—substantial risk breach	5 000	500
28.3	• severe risk breach	drive heavy vehicle if vehicle not comply with loading requirements—severe risk breach	10 000
29	129 (1)	driver/operator of heavy vehicle contravene condition of mass or dimension exemption	6 000	600
30	129 (2)	use/permit to be used heavy vehicle that contravenes condition of mass or dimension exemption	6 000	600
31	129 (3)	use heavy vehicle in way that contravenes condition of mass or dimension exemption	6 000	600
32	130 (2)	driver of pilot/escort vehicle accompanying heavy vehicle not comply with conditions of mass or dimension exemption about use of pilot/escort vehicle	6 000	600
33	130 (3)	operator of heavy vehicle commits offence if driver of pilot/escort vehicle commits offence against s 130 (2)	6 000	600
34	131 (1)	driver of pilot vehicle accompanies heavy vehicle that contravenes condition of mass or dimension exemption	6 000	600
35	132 (2)	driver of class 1/class 3 heavy vehicle fail to comply with condition of mass or dimension exemption (notice) that must keep relevant document in driver’s possession	3 000	300
36	132 (3)	each relevant party for driver of class 1/class 3 heavy vehicle commits offence if driver commits offence against s 132 (2)	3 000	300
37	133 (1)	driver of class 1/class 3 heavy vehicle not keep copy of permit for mass or dimension exemption (permit) in driver’s possession	3 000	300
38	133 (2)	driver of class 1/class 3 heavy vehicle not return copy of permit for mass or dimension exemption (permit) to relevant party for driver on stopping working for relevant party	4 000	400
39	133 (3)	each relevant party for driver of class 1/class 3 heavy vehicle commits offence if driver commits offence against s 133 (1)	3 000	300
40	134 (1)	display heavy vehicle warning sign on heavy vehicle not under dimension exemption	3 000	300
41	134 (2)	display pilot vehicle warning sign on pilot vehicle not being used as pilot vehicle for heavy vehicle used under dimension exemption	3 000	300
42	137	not use class 2 heavy vehicle in accordance with class 2 heavy vehicle authorisation	6 000	600
43	150 (1)	driver/operator of class 2 heavy vehicle contravene condition of class 2 heavy vehicle authorisation	6 000	600
44	151 (2)	driver of class 2 heavy vehicle not comply with condition of class 2 heavy vehicle authorisation (notice) that must keep relevant document in driver’s possession	3 000	300
45	151 (3)	each relevant party for driver of class 2 heavy vehicle commits offence if driver commits offence against s 151 (2)	3 000	300
46	152 (1)	driver of class 2 heavy vehicle not keep copy of class 2 heavy vehicle authorisation (permit) in driver’s possession	3 000	300
47	152 (2)	driver of class 2 heavy vehicle not return copy of permit for class 2 heavy vehicle authorisation (permit) to relevant party for driver on stopping working for relevant party	4 000	400
48	152 (3)	each relevant party for driver of class 2 heavy vehicle commits offence if driver commits offence against s 152 (1)	3 000	300
49	153 (1)	driver of class 2 PBS heavy vehicle not keep copy of PBS vehicle approval in driver’s possession	3 000	300
50	153 (2)	each relevant party for driver of class 2 PBS heavy vehicle commits offence if driver commits offence against s 153 (1)	3 000	300
51	181 (3)	not return as required amended/cancelled mass or dimension authority permit	4 000	400
52	182 (1)	not apply as required for replacement for defaced/destroyed/lost/stolen mass or dimension authority permit	4 000
53	183 (2)
53.1	by contravening: • 96—mass requirements: minor risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 96—minor risk breach	4 000	400
53.2	by contravening: • 96—mass requirements: substantial risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 96—substantial risk breach	6 000	600
53.3	by contravening: • 96—mass requirements: severe risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 96—severe risk breach	10 000-30 000
53.4	by contravening: • 102—dimension requirements: heavy vehicle without goods or passengers	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 102—applying to vehicle without goods or passengers	3 000	300
53.5	by contravening: • 102—dimension requirements: minor risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 102—minor risk breach	3 000	300
53.6	by contravening: • 102—dimension requirements: substantial risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 102—substantial risk breach	5 000	500
53.7	by contravening: • 102—dimension requirements: severe risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 102—severe risk breach	10 000
53.8	by contravening: • 111—loading requirements: minor risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 111—minor risk breach	3 000	300
53.9	by contravening: • 111—loading requirements: substantial risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 111—substantial risk breach	5 000	500
53.10	by contravening: • 111—loading requirements: severe risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 111—severe risk breach	10 000
54	184 (1)	drive heavy vehicle towing more than 1 other vehicle	3 000	300
55	185 (1)	use heavy combination with trailer in combination not securely coupled to vehicle in front	6 000	600
56	185 (2)	use heavy combination with components of coupling not compatible/properly connected	6 000	600
57	186 (2)	each consignor of goods commits offence if false/misleading transport documentation for mass, dimension or loading of goods	10 000
58	186 (3)	each packer of goods commits offence if goods packed for road transport and if false/misleading transport documentation for mass, dimension or loading of goods	10 000
59	186 (4)	each loading manager/loader of goods commits offence if goods loaded for road transport and if false/misleading transport documentation for mass, dimension or loading of goods	10 000
60	186 (5)	each receiver of goods commits offence if goods packed for road transport and if false/misleading transport documentation for mass, dimension or loading of goods	10 000
61	187 (2)	responsible entity for freight container gives container to operator of heavy vehicle with false/misleading container weight declaration	10 000
62	187 (3)	operator of heavy vehicle commits offence if freight container to be transported and false/misleading container weight declaration	10 000
63	190 (1)	responsible entity permits operator/driver of heavy vehicle to transport freight container without complying container weight declaration	6 000	600
64	191 (1)	operator permits driver of heavy vehicle to transport freight container without complying container weight declaration	6 000	600
65	191 (3)	operator of heavy vehicle gives freight container to carrier without complying container weight declaration or prescribed particulars in complying container weight declaration	6 000	600
66	192 (1)	drive heavy vehicle with freight container without complying container weight declaration	6 000	600
67	192 (2)	driver of heavy vehicle not keep as required complying container weight declaration while transporting freight container	3 000	300
68	193 (2)	each consignor/packer commits offence if weight of freight container exceeds maximum gross weight marked on container/container’s safety approval plate	10 000
69	194 (1)	consignee of goods by act or omission induces or rewards contravention of mass, dimension or loading requirement	10 000
70	488	authorised officer not return identity card as required	3 000	300
71	513 (4)	driver of heavy vehicle fail to comply with authorised officer’s direction to stop	6 000	600
72	514 (3)	driver of heavy vehicle fail to comply with authorised officer’s direction not to move vehicle/interfere with vehicle or equipment/interfere with vehicle load	6 000	600
73	516 (3)	driver/operator of heavy vehicle fail to comply with authorised officer’s direction to move stationary/stopped vehicle	6 000	600
74	517 (4)	driver/operator of heavy vehicle fail to comply with authorised officer’s direction to move vehicle/or do anything else to avoid harm/obstruction	6 000	600
75	522 (5)	person in charge/registered operator/owner of heavy vehicle not produce vehicle for inspection as required by authorised officer’s notice	6 000	600
76	524 (5)
76.1	• direction under s 524 (2)	driver of heavy vehicle fail to comply with authorised officer’s direction to vacate/not occupy driver’s seat or leave/not enter vehicle	6 000	600
76.2	• direction under s 524 (3)	person accompanying driver fail to comply with authorised officer’s direction to leave/ not enter vehicle	3 000	300
77	526 (4)	driver of heavy vehicle not give defect notice to operator as required	3 000	300
78	528 (3)	remove/deface defective vehicle label attached to heavy vehicle	3 000	300
79	529
79.1	• minor defect	use/permit to be used heavy vehicle in contravention of vehicle defect notice—minor defect	3 000	300	1 (NS)
79.2	• major defect	use/permit to be used heavy vehicle in contravention of vehicle defect notice—major defect	3 000	300	3 (NS)
80	533 (7)	driver/operator of heavy vehicle fail to comply with authorised officer’s direction in relation to stated minor risk breach of mass, dimension or loading requirements	10 000	1 000
81	534 (5)	driver/operator of heavy vehicle fail to comply with authorised officer’s direction in relation to stated substantial risk breach of mass, dimension or loading requirements	10 000	1 000
82	535 (5)	driver/operator of heavy vehicle fail to comply with authorised officer’s direction in relation to stated severe risk breach of mass, dimension or loading requirements	10 000
83	553 (3)	fail to comply with authorised officer’s requirement to enable seizure of thing	10 000
84	558 (1)	fail to comply with embargo notice	10 000
85	558 (3)	not take reasonable steps to stop someone else from contravening embargo notice	10 000
86	559 (3)	fail to comply with authorised officer’s requirement to seal/restrict access to/make inoperable embargoed thing	10 000
87	559 (4)	tamper with restricted access/embargoed thing without authorised officer’s approval	10 000
88	559 (5)	enter restricted place/tamper with anything used to restrict access to place without authorised officer’s approval	10 000
89	567 (4)	not state/give evidence of name/address/date of birth when required by authorised officer	3 000	300
90	567A	driver of heavy vehicle not give licence when required by authorised officer	20pu	135
91	567B	responsible person/possessor not give particulars of driver/written signed statement required by authorised officer	20pu	203
92	568 (3)	driver of heavy vehicle not give document/device/other thing when required by authorised officer	an amount equal to amount of maximum penalty for offence of failing to keep document/ device/other thing in driver’s possession	300
93	568 (7)	person responsible for keeping document not certify copy or entry in document when required by authorised officer	3 000	300
94	569 (2)	responsible person for heavy vehicle not make available or produce stated document for inspection when required by authorised officer	6 000	600
95	569 (7)	person responsible for keeping document not certify copy or entry in document when required by authorised officer	3 000	300
96	570 (3)	responsible person for heavy vehicle fail to comply with authorised officer’s requirement to give stated information/details to officer	6 000
97	573 (1)	fail to comply with improvement notice	10 000
98	577 (4)	occupier or person at place/driver of heavy vehicle fail to comply with authorised officer’s requirement to give officer reasonable help	10 000
99	584 (1)	obstruct authorised officer/helper/assistant exercising power	10 000
100	585	impersonate authorised officer	10 000
101	604	fail to comply with supervisory intervention order	10 000
102	610	fail to comply with prohibition order	10 000
103	697 (3)	make improper use of position/information because of exercise of functions under Heavy Vehicle National Law (ACT)	10 000
104	699 (1)	employer dismisses/prejudices employee for giving information/making complaint about contravention of Heavy Vehicle National Law (ACT)	10 000
105	699 (2)	employer not offer employment/treat prospective employee less favourably for giving information/making complaint about contravention of Heavy Vehicle National Law (ACT)	10 000
106	700 (4)	employer not comply with court order for reinstatement of employee or employment of prospective employee	10 000
107	701 (1)	knowingly make false/misleading statement to official	10 000
108	701 (2)	recklessly make false/misleading statement to official	8 000
109	702 (1)	knowingly give official document containing false/misleading information	10 000
110	702 (3)	recklessly give official document containing false/misleading information	8 000
111	703 (1)	responsible person for heavy vehicle knowingly gives another responsible person false/misleading information	10 000
112	703 (2)	responsible person for heavy vehicle recklessly gives another responsible person false/misleading information	8 000
113	704 (1)	falsely represent heavy vehicle authority granted/operating under heavy vehicle authority	10 000
114	704 (2)	represent operating under heavy vehicle authority no longer in force	10 000
115	704 (3)	possess document that falsely purports to be accreditation certificate etc	10 000
116	728 (1)	disclose protected information	20 000
117	729 (1)	use protected information other than for authorised use	20 000
118	729 (3)	use disclosed protected information other than for authorised use	20 000

column 1 item	column 2 offence provision and, if relevant, case	column 3 short description	column 4 offence penalty ($)	column 5 infringement penalty ($)
1	11 (1)	drive CML heavy vehicle under concessional mass limit without relevant accreditation label maintained as required	3 000	300
2	16 (2)	use/permit to be used/HML heavy vehicle in area/on route in contravention of condition of HML declaration	3 000	300
3	28	driver/operator of HML heavy vehicle contravene condition of HML permit	3 000	300
4	34 (2)	not return amended/cancelled HML permit as required	4 000	400
5	35 (1)	not apply for replacement for defaced/destroyed/lost/stolen HML permit as required	4 000
6	36 (2)	drive HML heavy vehicle under higher mass limit without relevant accreditation maintained as required	3 000	300

Note 4 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act

66 ARR dict—definitions for dictionary

Section 33 (1), definition of oversize vehicle, paragraph (a)

Note 4 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act

(a) includes a standard or other requirement relating to the construction, design or equipment of a registrable vehicle; but

(b) does not include a heavy vehicle standard within the meaning of the Heavy Vehicle National Law (ACT).

Australian Capital Territory Bills

HEAVY VEHICLE NATIONAL LAW (CONSEQUENTIAL AMENDMENTS) BILL 2013