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HEAVY VEHICLE NATIONAL LAW (ACT)
TABLE OF PROVISIONS
Long Title
CHAPTER 1--PRELIMINARY
PART 1.1--INTRODUCTORY MATTERS
1. Short title
2. Commencement
3. Object of Law
4. Regulatory framework to achieve object
PART 1.2--INTERPRETATION
5. Definitions
6. Meaning of heavy vehicle
7. Meaning of fatigue-regulated heavy vehicle
8. Meaning of road and road-related area
9. Meaning of convicts and convicted of an offence
10. Interpretation generally
11. References to laws includes references to instruments made
12. References to this Law as applied in a participating
13. References to road
14. References to particular ADR versions
15. References to categories of heavy vehicles
PART 1.3--APPLICATION AND OPERATION OF LAW
16. Extraterritorial operation of Law
17. Law binds the
18. Relationship with primary work health and safety laws
PART 1.4--PERFORMANCE BASED STANDARDS
19. Main purpose
20. Notification to
21. Notification by responsible Minister of non-application or restricted application of PBS
22. Application for
23. Application for PBS vehicle approval
24. Exemption from stated vehicle standards
25. Authorisation of different mass or dimension requirement
25A. Keeping copy of PBS vehicle approval while driving
26. National regulations
CHAPTER 1A--SAFETY DUTIES
PART 1A--.1 PRINCIPLES
26A. Principle of shared responsibility
26B. Principles applying to duties
PART 1A--.2 NATURE OF DUTY
26C. Primary duty
26D. Duty of executive of legal entity
26E. Prohibited requests and contracts
PART 1A--.3 FAILING TO COMPLY WITH DUTY
26F. Category 1 offence
26G. Category 2 offence
26H. Category 3 offence
CHAPTER 3--VEHICLE OPERATIONS—STANDARDS AND SAFETY
PART 3.1--PRELIMINARY
58. Main purpose of Ch 3
PART 3.2--COMPLIANCE WITH HEAVY VEHICLE STANDARDS
Division 1--Requirements
59. Heavy vehicle standards
60. Compliance with heavy vehicle standards
Division 2--Exemptions by Commonwealth Gazette notice
61. Regulator's power to exempt category of heavy vehicles from compliance with heavy vehicle
62. Restriction on grant of vehicle standards exemption (notice)
63. Conditions of vehicle standards exemption (notice)
64. Period for which vehicle standards exemption (notice) applies
65. Requirements about Commonwealth Gazette notice
66. Amendment or cancellation of vehicle standards exemption (notice)
67. Immediate suspension on Regulator's initiative
Division 3--Exemptions by permit
68. Regulator's power to exempt particular heavy vehicle from compliance with heavy vehicle
69. Application for vehicle standards exemption (permit)
70. Restriction on grant of vehicle standards exemption (permit)
71. Conditions of vehicle standards exemption (permit)
72. Period for which vehicle standards exemption (permit) applies
73. Permit for vehicle standards exemption (permit) etc.
74. Refusal of application for vehicle standards exemption (permit)
75. Amendment or cancellation of vehicle standards exemption (permit) on application
76. Amendment or cancellation of vehicle standards exemption
77. Immediate suspension on Regulator's initiative
78. Minor amendment of vehicle standards exemption (permit)
79. Return of permit
80. Replacement of defaced etc. permit
Division 4--Operating under vehicle standards exemption
81. Contravening condition of vehicle standards exemption
82. Keeping relevant document while driving under vehicle standards exemption
83. Keeping copy of permit while driving under vehicle standards
PART 3.3--MODIFYING HEAVY VEHICLES
84. Definition for Pt 3.3
85. Modifying heavy vehicle requires approval
86. Approval of modifications by approved vehicle examiners
87. Approval of modification by Regulator
87A. Person must not tamper with plate or label
88. National regulations for heavy vehicle modification
PART 3.4--OTHER OFFENCES
89. Safety requirement
90. Requirement about properly operating emission control system
91. Person must not tamper with emission control system fitted to
92. Display of warning signs required by heavy vehicle standards on vehicles to which the
93. Person must not tamper with speed limiter fitted to heavy vehicle
CHAPTER 4--VEHICLE OPERATIONS—MASS, DIMENSION AND LOADING
PART 4.1--PRELIMINARY
94. Main purposes of Ch 4
PART 4.2--MASS REQUIREMENTS
Division 1--Requirements
95. Prescribed mass requirements
96. Compliance with mass requirements
Division 2--Categories of breaches of mass requirements
97. Definitions for Div 2
98. Minor risk breach
99. Substantial risk breach
100. Severe risk breach
PART 4.3--DIMENSION REQUIREMENTS
Division 1--Requirements
101. Prescribed dimension requirements
102. Compliance with dimension requirements
Division 2--Categories of breaches of dimension requirements
103. Application of Div 2
104. Definitions for Div 2
105. Minor risk breach
106. Substantial risk breach
107. Severe risk breach
Division 3--Other provisions relating to load projections
108. Dangerous projections taken to be contravention of dimension
109. Warning signals required for rear projection of loads
PART 4.4--LOADING REQUIREMENTS
Division 1--Requirements
110. National regulations may prescribe loading requirements
111. Compliance with loading requirements
Division 2--Categories of breaches of loading requirements
112. Minor risk breach
113. Substantial risk breach
114. Severe risk breach
Division 3--Evidentiary provision
115. Proof of contravention of loading requirement
PART 4.5--EXEMPTIONS FOR PARTICULAR OVERMASS OR OVERSIZE VEHICLES
Division 1--Preliminary
116. Class 1 heavy vehicles and class 3 heavy vehicles
Division 2--Exemptions by Commonwealth Gazette notice
117. Regulator's power to exempt category of class 1 or 3 heavy vehicles from compliance
118. Restriction on grant of mass or dimension exemption (notice)
119. Conditions of mass or dimension exemption (notice)
119A. Process for amending a stated map or stated list
120. Period for which mass or dimension exemption (notice) applies
121. Requirements about Commonwealth Gazette notice
Division 3--Exemptions by permit
122. Regulator's power to exempt particular class 1 or class 3 heavy vehicle from compliance
123. Application for mass or dimension exemption (permit)
124. Restriction on grant of mass or dimension exemption (permit)
125. Conditions of mass or dimension exemption (permit)
126. Period for which mass or dimension exemption (permit) applies
127. Permit for mass or dimension exemption (permit) etc.
128. Refusal of application for mass or dimension exemption (permit)
Division 4--Operating under mass or dimension exemption
129. Contravening condition of mass or dimension exemption generally
130. Contravening condition of mass or dimension exemption relating to pilot or escort
131. Using pilot vehicle with a heavy vehicle that contravenes certain conditions of mass
132. Keeping relevant document while driving under mass or
133. Keeping copy of permit while driving under mass or dimension exemption
Division 5--Other provision
134. Displaying warning signs on vehicles if not required by
PART 4.6--RESTRICTING ACCESS TO ROADS BY LARGE VEHICLES THAT ARE NOT OVERMASS OR OVERSIZE VEHICLES
Division 1--Preliminary
135. Main purpose of Pt 4.6
136. Class 2 heavy vehicles
Division 2--Restriction
137. Using class 2 heavy vehicle
Division 3--Authorisation by Commonwealth Gazette notice
138. Regulator's power to authorise use of all or stated categories of
139. Restriction on grant of class 2 heavy vehicle authorisation (notice)
140. Conditions of class 2 heavy vehicle authorisation (notice)
141. Period for which class 2 heavy vehicle authorisation (notice)
142. Requirements about Commonwealth Gazette notice etc.
142A. Process for amending stated map or stated list
Division 4--Authorisation by permit
143. Regulator's power to authorise use of a particular class 2 heavy
144. Application for class 2 heavy vehicle authorisation (permit)
145. Restriction on grant of class 2 heavy vehicle authorisation (permit)
146. Conditions of class 2 heavy vehicle authorisation (permit)
147. Period for which class 2 heavy vehicle authorisation (permit)
148. Permit for class 2 heavy vehicle authorisation (permit) etc.
149. Refusal of application for class 2 heavy vehicle authorisation
Division 5--Operating under class 2 heavy vehicle authorisation
150. Contravening condition of class 2 heavy vehicle authorisation
151. Keeping relevant document while driving under class 2 heavy vehicle authorisation
152. Keeping copy of permit while driving under class 2 heavy vehicle authorisation
PART 4.6A--RESTRICTED ACCESS VEHICLES
153A. Using restricted access vehicle
PART 4.7--PARTICULAR PROVISIONS ABOUT MASS OR DIMENSION AUTHORITIES
Division 1--Preliminary
154. Definitions for Pt 4.7
Division 2--Obtaining consent of relevant road managers
155. Application of Div 2
156. Period within which road manager must decide
156A. Deciding request for consent generally
157. Obtaining third party's approval for giving consent for permit
158. Action pending consultation with third party
159. Deciding request for consent if route assessment required
160. Imposition of road conditions
161. Imposition of travel conditions
162. Imposition of vehicle conditions
163. Obtaining consent of road authority if particular road manager
166. Information notice for decision to refuse application because road manager did not give
167. Expedited procedure for road manager's consent for renewal of
168. Operation of section 167
169. Granting limited consent for trial purposes
170. Renewal of limited consent for trial purposes
171. Period for which mass or dimension authority applies where
172. Requirements for statement explaining adverse decision of road manager
Division 3--Amendment, cancellation or suspension of mass or dimension authority granted by Commonwealth Gazette notice
173. Amendment or cancellation on Regulator's initiative
174. Amendment or cancellation on request by relevant road manager
175. Immediate suspension
175A. Minor amendment
Division 4--Amendment, cancellation or suspension of mass or dimension authority granted by permit
176. Amendment or cancellation on application by permit holder
177. Amendment or cancellation on Regulator's initiative
178. Amendment or cancellation on request by relevant road manager
179. Immediate suspension
180. Minor amendment of permit for a mass or dimension authority
Division 5--Provisions about permits for mass or dimension authorities
181. Return of permit
182. Replacement of defaced etc. permit
PART 4.9--OTHER OFFENCES
Division 1--Towing restriction
184. Towing restriction
Division 2--Coupling requirements
185. Requirements about coupling trailers
Division 3--Transport documentation
186. False or misleading transport documentation for goods
187. False or misleading information in container weight declaration
Division 4--Other offences about container weight declarations
188. Application of Div 4
189. Meaning of complying container weight declaration
190. Duty of responsible entity
191. Duty of operator
192. Duty of driver
192A. Form of information in container weight declaration
Division 5--Other offences
193. Weight of freight container exceeding weight stated on container or safety
PART 4.10--OTHER PROVISIONS
195. Conflicting mass requirements
196. Conflicting dimension requirements
197. Exemption from compliance with particular requirements in emergency
198. Recovery of losses arising from non-provision of container
199. Recovery of losses for provision of inaccurate container weight
200. Recovery by responsible entity of amount paid under s 199
201. Assessment of monetary value or attributable amount
CHAPTER 6--VEHICLE OPERATIONS—DRIVER FATIGUE
PART 6.1--PRELIMINARY
220. Main purpose of Ch 6
221. Definitions for Ch 6
222. Categories of breaches
PART 6.2--DUTIES RELATING TO FATIGUE
Division 1--Preliminary
223. What is fatigue
224. Matters court may consider in deciding whether person was fatigued
225. What is impaired by fatigue
226. Matters court may consider in deciding whether person was
Division 2--Duty to avoid fatigue
228. Duty of driver to avoid driving while fatigued
PART 6.3--REQUIREMENTS RELATING TO WORK TIME AND REST TIME
Division 1--Preliminary
243. What is a driver's work and rest hours option
244. Counting time spent in participating jurisdictions
245. Counting time spent outside participating jurisdictions
246. Counting periods of less than 15 minutes—written work diaries
246A. Counting periods of less than 15 minutes—electronic work
247. Time to be counted after rest time ends
248. Time to be counted by reference to time zone of driver's
Division 2--Standard work and rest arrangements
249. Standard hours
250. Operating under standard hours—solo drivers
251. Operating under standard hours—two-up drivers
252. Defence relating to short rest breaks for drivers operating under standard
Division 3--BFM work and rest arrangements
253. BFM hours
254. Operating under BFM hours—solo drivers
255. Defence for solo drivers operating under BFM hours relating to
256. Operating under BFM hours—two-up drivers
Division 4--AFM work and rest arrangements
257. AFM hours
258. Operating under AFM hours
Division 5--Arrangements under work and rest hours exemption
259. Exemption hours
260. Operating under exemption hours
Division 7--Changing work and rest hours option
262. Changing work and rest hours option
263. Operating under new work and rest hours option after change
264. Duty of employer, prime contractor, operator and scheduler to ensure driver
Division 8--Exemptions relating to work times and rest times
Subdivision 1--Exemption for emergency services
265. Emergency services exemption
Subdivision 2--Exemptions by Commonwealth Gazette notice
266. Regulator's power to exempt class of drivers from particular maximum work requirements
267. Restriction on grant of work and rest hours exemption (notice)
268. Conditions of work and rest hours exemption (notice)
269. Period for which work and rest hours exemption (notice) applies
270. Requirements about Commonwealth Gazette notice
271. Amendment or cancellation of work and rest hours exemption (notice)
272. Immediate suspension
Subdivision 3--Exemptions by permit
273. Regulator's power to exempt drivers from particular maximum work requirements and
274. Application for work and rest hours exemption (permit)
275. Restriction on grant of work and rest hours exemption (permit)
276. Conditions of work and rest hours exemption (permit)
277. Period for which work and rest hours exemption (permit) applies
278. Permit for work and rest hours exemption (permit) etc.
279. Refusal of application for work and rest hours exemption (permit)
280. Amendment or cancellation of work and rest hours exemption (permit) on application by
281. Amendment or cancellation of work and rest hours exemption (permit) on
282. Immediate suspension of work and rest hours exemption (permit)
283. Minor amendment of work and rest hours exemption (permit)
284. Return of permit
285. Replacement of defaced etc. permit
Subdivision 4--Offences relating to operating under work and rest hours exemption
etc.
286. Contravening condition of work and rest hours exemption
287. Keeping relevant document while operating under work and rest hours exemption
288. Keeping copy of permit while driving under work and rest hours exemption
PART 6.4--REQUIREMENTS ABOUT RECORD KEEPING
Division 1--Preliminary
289. What is 100km work and 100+km work
290. What is a driver's record location
Division 2--Work diary requirements
Subdivision 1--Requirement to carry work diary
291. Application of Sdiv 1
292. Meaning of work diary for Sdiv 1
293. Driver of fatigue-regulated heavy vehicle must carry work diary
Subdivision 2--Information required to be included in work diary
294. Purpose of and definition for Sdiv 2
295. National regulations for information to be included in work diary
296. Recording information under the national regulations—general
297. Information required to be recorded immediately after starting work
298. Failing to record information about odometer reading
299. Two-up driver to provide details
Subdivision 3--How information must be recorded in work diary
300. Purpose of Sdiv 3
301. Recording information in written work diary
302. Recording information in electronic work diary
303. Time zone of driver's base must be used
Subdivision 4--Requirements about work diaries that are filled up etc.
304. Application of Sdiv 4
305. Driver must make supplementary records in particular circumstances
306. Driver must notify Regulator if written work diary filled up etc.
307. Driver who is record keeper must notify Regulator if electronic work diary filled up
308. What driver must do if lost or stolen written work diary found or
309. Driver must notify record keeper if electronic work diary filled up
310. Intelligent access program reporting entity must notify record keeper if
311. What record keeper must do if electronic work diary filled up
312. What record keeper must do if electronic work diary destroyed,
313. What record keeper must do if electronic work diary not in working order or
Subdivision 5--Use of electronic work diaries
314. How electronic work diary must be used
Subdivision 6--Extended liability
315. Ensuring driver complies with Sdivs 1–4
Division 3--Records relating to drivers
Subdivision 1--Preliminary
316. Application of Div 3
317. Who is a driver's record keeper
Subdivision 2--Record keeping obligations relating to drivers undertaking 100km work under
standard hours
318. Application of Sdiv 2
319. Records record keeper must have
319A. General requirements about driver recording and giving information to record
Subdivision 3--Record keeping obligations relating to drivers undertaking 100+km work under
standard hours or operating under BFM hours, AFM hours or exemption
hours
320. Application of Sdiv 3
321. Records record keeper must have
322. General requirements about driver giving information to record
323. Requirements about driver giving information to record keeper if driver changes record
324. Record keeper must give information from electronic
324A. Record keeper must give record to driver if requested
Division 4--Provisions about false representations relating to work records
325. False or misleading entries
326. When possessing, or recording information in, more than 1 work diary relating to the
327. Possession of purported work records etc. prohibited
328. False representation about work records prohibited
Division 5--Interfering with work records
Subdivision 1--Work records generally
329. Defacing or changing work records etc. prohibited
330. Making entries in someone else's work records prohibited
331. Destruction of particular work records prohibited
332. Offence to remove pages from written work diary
Subdivision 2--Approved electronic recording systems
333. Application of Sdiv 2
334. Meaning of tamper
335. Person must not tamper with approved electronic recording system
336. Person using approved electronic recording system must not permit tampering with
336A. Reporting tampering or suspected tampering with electronic work diary
337. Intelligent access program reporting entity must not permit tampering with approved
Division 6--Obtaining written work diary
338. Form of written work diary
339. Application for written work diary
340. Issue of written work diary
Division 6A--Requirements about records record keeper must make or keep
341. Period for which, and way in which, records must be kept
Division 7--Approval of electronic recording systems
Subdivision 1--Approval of electronic recording systems
342. Application for approval of electronic recording system
343. Deciding application for approval
344. Steps after decision to grant approval
345. Steps after decision to refuse application
346. Effect of approval
Subdivision 2--Using unapproved electronic recording system
347. Prohibition on using electronic work diary if it is not, and is not a part of, an approved
Subdivision 3--Amendment or cancellation of approval
351. Amendment or cancellation of approval on application
352. Amendment or cancellation of approval on Regulator's initiative
353. Minor amendment of approval
354. Requirements if approval amended
355. Requirements if approval cancelled
Division 8--Exemptions from work diary requirements of Division 2
Subdivision 1--Exemption for emergency services
356. Emergency services exemption
Subdivision 2--Exemptions by Commonwealth Gazette notice
357. Regulator's power to exempt particular drivers from work diary
358. Restriction on grant of work diary exemption (notice)
359. Conditions of work diary exemption (notice)
360. Period for which work diary exemption (notice) applies
361. Requirements about Commonwealth Gazette notice
362. Amendment or cancellation of work diary exemption (notice)
Subdivision 3--Exemptions by permit
363. Regulator's power to exempt driver of fatigue-regulated heavy vehicle from work diary
364. Application for work diary exemption (permit)
365. Restriction on grant of work diary exemption (permit)
366. Conditions of work diary exemption (permit)
367. Period for which work diary exemption (permit) applies
368. Permit for work diary exemption (permit) etc.
369. Refusal of application for work diary exemption (permit)
370. Amendment or cancellation of work diary exemption (permit) on application by permit
371. Amendment or cancellation of work diary exemption (permit) on Regulator's
372. Minor amendment of work diary exemption (permit)
373. Return of permit
374. Replacement of defaced etc. permit
Subdivision 4--Operating under work diary exemption
375. Contravening condition of work diary exemption
376. Keeping relevant document while operating under work diary
377. Keeping permit or copy while operating under work diary
Division 8A--Exemptions from fatigue record keeping requirements of Division 3
Subdivision 1--Exemptions by Commonwealth Gazette notice
378. Regulator's power to exempt record keepers from fatigue record
379. Conditions of fatigue record keeping exemption (notice)
380. Period for which fatigue record keeping exemption (notice) applies
381. Requirements about Commonwealth Gazette notice
382. Amendment or cancellation of fatigue record keeping exemption
Subdivision 2--Exemptions by permit
383. Regulator's power to exempt record keepers from fatigue record
384. Application for fatigue record keeping exemption (permit)
385. Conditions of fatigue record keeping exemption (permit)
386. Period for which fatigue record keeping exemption (permit) applies
387. Permit for fatigue record keeping exemption (permit) etc.
388. Refusal of application for fatigue record keeping exemption
389. Amendment or cancellation of fatigue record keeping exemption (permit) on application
390. Amendment or cancellation of fatigue record keeping exemption (permit) on
391. Minor amendment of fatigue record keeping exemption (permit)
392. Return of permit
393. Replacement of defaced etc. permit
Subdivision 3--Exemptions by national regulations
394. Exemptions from provisions of Division 3
Subdivision 4--Other provisions
395. Contravening condition of fatigue record keeping exemption
Division 9--Requirements about odometers
396. Owner must maintain odometer
397. Driver must report malfunctioning odometer
398. What owner must do if odometer malfunctioning
399. What employer or operator must do if odometer malfunctioning
CHAPTER 7--INTELLIGENT ACCESS PROGRAM
PART 7.1--PRELIMINARY
400. Main purposes of Ch 7
401. What the Intelligent Access Program is
402. Application of Ch 7
403. Definitions for Ch 7
PART 7.2--DUTIES AND OBLIGATIONS OF OPERATORS OF INTELLIGENT ACCESS PROGRAM VEHICLES
404. Offence to give false or misleading information to intelligent access program
405. Advising vehicle driver of collection of information by intelligent access
406. Reporting system malfunctions to Regulator
407. Advising driver of driver's obligations about reporting system
PART 7.3--OBLIGATIONS OF DRIVERS OF INTELLIGENT ACCESS PROGRAM VEHICLES
408. Reporting system malfunctions to operator
PART 7.4--POWERS, DUTIES AND OBLIGATIONS OF INTELLIGENT ACCESS PROGRAM SERVICE PROVIDERS
409. Powers to collect and hold intelligent access program information
410. Collecting intelligent access program information
411. Keeping records of intelligent access program information collected
412. Protecting intelligent access program information
413. Making individuals aware of personal information held
414. Giving individuals access to their personal information
415. Correcting errors etc.
416. General restriction on use and disclosure of intelligent access program
417. Giving intelligent access program auditor access to records
418. Powers to use and disclose intelligent access program information
419. Keeping record of use or disclosure of intelligent access program
420. Keeping noncompliance report etc.
421. Destroying intelligent access program information etc.
422. Reporting relevant contraventions to Regulator
423. Reporting tampering or suspected tampering with approved intelligent transport
424. Restriction on disclosing information about tampering or suspected tampering with
PART 7.5--FUNCTIONS, POWERS, DUTIES AND OBLIGATIONS OF TCA
425. Functions of TCA
426. Powers to collect and hold intelligent access program information
427. Collecting intelligent access program information
428. Protecting intelligent access program information collected
429. Making individuals aware of personal information held
430. Giving individuals access to their personal information
431. Correcting errors etc.
432. General restriction on use and disclosure of intelligent access program
433. Powers to use and disclose intelligent access program information
434. Restriction about intelligent access program information that may be used
435. Keeping record of use or disclosure of intelligent access program
436. Keeping noncompliance reports
437. Destroying intelligent access program information or removing personal information from
438. Reporting tampering or suspected tampering with, or malfunction or suspected
439. Restriction on disclosing information about tampering or suspected tampering with
PART 7.6--POWERS, DUTIES AND OBLIGATIONS OF INTELLIGENT ACCESS PROGRAM AUDITORS
440. Powers to collect and hold intelligent access program information
441. Collecting intelligent access program information
442. Protecting intelligent access program information collected
443. Making individuals aware of personal information held
444. Giving individuals access to their personal information
445. Correcting errors etc.
446. General restriction on use and disclosure of intelligent access program
447. Powers to use and disclose intelligent access program information
448. Restriction about intelligent access program information that may be
449. Keeping record of use or disclosure of intelligent access program
450. Destroying intelligent access program information or removing personal information from
451. Reporting contraventions by intelligent access program service providers
452. Reporting tampering or suspected tampering with approved intelligent transport system
453. Restriction on disclosing information about tampering or suspected tampering with
PART 7.7--OTHER PROVISIONS
454. Offence to tamper with approved intelligent transport system
455. Regulator may issue intelligent access program identifiers
CHAPTER 8--ACCREDITATION
PART 8.1--PRELIMINARY
456. Purpose of Ch 8
457. Definitions for Ch 8
PART 8.2--GRANT OF HEAVY VEHICLE ACCREDITATION
458. Regulator's power to grant heavy vehicle accreditation
459. Application for heavy vehicle accreditation
460. Obtaining criminal history information about applicant
461. Restriction on grant of heavy vehicle accreditation
462. Conditions of heavy vehicle accreditation
463. Period for which heavy vehicle accreditation applies
464. Accreditation certificate for heavy vehicle accreditation etc.
465. Refusal of application for heavy vehicle accreditation
466. Accreditation labels for maintenance management accreditation and mass management
PART 8.3--OPERATING UNDER HEAVY VEHICLE ACCREDITATION
467. Compliance with conditions of BFM accreditation or AFM accreditation
468. Driver operating under BFM accreditation or AFM accreditation must carry accreditation
469. Driver must return particular documents if stops operating under BFM accreditation or
470. General requirements applying to operator with heavy vehicle
471. Operator must give notice of amendment, suspension or ending of heavy vehicle
PART 8.4--AMENDMENT OR CANCELLATION OF HEAVY VEHICLE ACCREDITATION
472. Amendment or cancellation of heavy vehicle accreditation on
473. Amendment, suspension or cancellation of heavy vehicle accreditation on
474. Immediate suspension of heavy vehicle accreditation
475. Minor amendment of heavy vehicle accreditation
PART 8.5--OTHER PROVISIONS ABOUT HEAVY VEHICLE ACCREDITATIONS
476. Return of accreditation certificate
477. Replacement of defaced etc. accreditation certificate
478. Offences relating to auditors
CHAPTER 9--ENFORCEMENT
PART 9.1--GENERAL MATTERS ABOUT AUTHORISED OFFICERS
Division 1--Functions
479. Functions of authorised officers
Division 2--Appointment
480. Application of Div 2
481. Appointment and qualifications
482. Appointment conditions and limit on powers
483. When office ends
484. Resignation
Division 3--Identity cards
485. Application of Div 3
486. Issue of identity card
487. Production or display of identity card
488. Return of identity card
Division 4--Miscellaneous provisions
489. References to exercise of powers
490. Reference to document includes reference to reproduction from electronic
491. Use of force against persons
492. Use of force against property
493. Exercise of functions in relation to light vehicles
PART 9.2--POWERS IN RELATION TO PLACES
Division 1--Preliminary
494. Definitions for Pt 9.2
Division 1A--Entry of relevant places for advice purposes
494A. Non-application to police officers
494B. Power to enter relevant place
494C. Power after entering relevant place
Division 2--Entry of relevant places for monitoring purposes
495. Power to enter relevant place
496. General powers after entering relevant place
Division 3--Entry of places for investigation purposes
497. General power to enter places
498. Power to enter a place if evidence suspected to be at the place
499. Power to enter particular places if incident involving death,
500. General powers after entering a place
Division 4--Procedure for entry by consent
501. Application of Div 4
502. Incidental entry to ask for access
503. Matters authorised officer must tell occupier
504. Consent acknowledgement
505. Procedure for entry with consent
Division 5--Entry under warrant
506. Application for warrant
507. Issue of warrant
508. Application by electronic communication and duplicate warrant
509. Defect in relation to a warrant
510. Procedure for entry under warrant
PART 9.3--POWERS IN RELATION TO HEAVY VEHICLES
Division 1--Preliminary
511. Application of Pt 9.3
512. Persons who are drivers for this Part
Division 2--Stopping, not moving or not interfering with heavy vehicle etc.
513. Direction to stop heavy vehicle to enable exercise of other powers
514. Direction not to move or interfere with heavy vehicle etc. to enable exercise of
Division 3--Moving heavy vehicle
515. Definition for Div 3
516. Direction to move heavy vehicle to enable exercise of other powers
517. Direction to move heavy vehicle if causing harm etc.
518. Moving unattended heavy vehicle on road to exercise another power
519. Moving unattended heavy vehicle on road if causing harm etc.
Division 4--Inspecting and searching heavy vehicles
520. Power to enter and inspect heavy vehicles for monitoring purposes
521. Power to enter and search heavy vehicle involved, or suspected
522. Power to order presentation of heavy vehicles for inspection
Division 5--Other powers in relation to all heavy vehicles
523. Starting or stopping heavy vehicle engine
524. Direction to leave heavy vehicle
Division 6--Further powers in relation to heavy vehicles concerning heavy vehicle standards
525. Definitions for Div 6
526. Issue of vehicle defect notice
527. Requirements about vehicle defect notice
528. Defective vehicle labels
528A. Information not included in notice or label
529. Using heavy vehicles contrary to vehicle defect notice
529AA. Permission to use vehicle the subject of a self-clearing defect notice
529A. Permission to use vehicle the subject of a major or minor defect
529B. Permitted use of vehicle the subject of a major or minor defect notice without permission
530. Clearance of major or minor defect
531. Amendment or withdrawal of vehicle defect notices
Division 7--Further powers in relation to heavy vehicles concerning mass, dimension or loading requirements
532. Application of Div 7
533. Powers for minor risk breach of mass, dimension or loading
534. Powers for substantial risk breach of mass, dimension or loading
535. Powers for severe risk breach of mass, dimension or loading
536. Operation of direction in relation to a combination
Division 8--Further powers in relation to fatigue-regulated heavy vehicles
537. Application of Div 8
538. Requiring driver to rest for contravention of maximum work
539. Requiring driver to rest for contravention of minimum rest
540. Requiring driver to stop working if impaired by fatigue
541. Requiring driver to stop working if work diary not produced or
542. Compliance with requirement under this Division
PART 9.4--OTHER POWERS
Division 1--Powers relating to equipment
543. Power to use equipment to access information
544. Power to use equipment to examine or process a thing
Division 2--Seizure and embargo notices
Subdivision 1--Power to seize
545. Seizing evidence at a place that may be entered without consent
546. Seizing evidence at a place that may be entered only with
547. Seizing evidence in a heavy vehicle entered under s 521
548. Additional seizure power relating to information stored electronically
549. Seizing thing or sample taken for examination under s 500
550. Seizure of property subject to security
551. Seizure of number plates
552. Restriction on power to seize certain things
Subdivision 2--Powers to support seizure
553. Requirement of person in control of thing to be seized
Subdivision 3--Safeguards for seized things or samples
554. Receipt for seized thing or sample
555. Access to seized thing
556. Return of seized things or samples
Subdivision 4--Embargo notices
557. Power to issue embargo notice
558. Noncompliance with embargo notice
559. Power to secure embargoed thing
560. Withdrawal of embargo notice
Division 3--Forfeiture and transfers
561. Power to forfeit particular things or samples
562. Information notice for forfeiture decision
563. Forfeited or transferred thing or sample becomes property of the
564. How property may be dealt with
565. Third party protection
566. National regulations
Division 4--Information-gathering powers
567. Power to require name, address and date of birth
568. Power to require production of document etc. required to be in
569. Power to require production of documents etc. generally
570. Power to require information about heavy vehicles
570A. Requiring information
Division 5--Improvement notices
571. Authorised officers to whom Division applies
572. Improvement notices
573. Contravention of improvement notice
574. Amendment of improvement notice
575. Revocation of an improvement notice
576. Clearance certificate
Division 5A--Prohibition notices
576A. Power to issue prohibition notice
576B. Contents of prohibition notice
576C. Compliance with prohibition notice
Division 5B--Injunctions
576D. Application of Div 5B
576E. Injunction for noncompliance with notice
Division 6--Power to require reasonable help
577. Power to require reasonable help
PART 9.5--PROVISIONS ABOUT EXERCISE OF POWERS
Division 1--Damage in exercising powers
578. Duty to minimise inconvenience or damage
579. Restoring damaged thing
580. Notice of damage
Division 2--Compensation
581. Compensation because of exercise of powers
Division 3--Provision about exercise of particular powers
582. Duty to record particular information in driver's work
PART 9.6--MISCELLANEOUS PROVISIONS
Division 1--Powers of Regulator
583. Regulator may exercise powers of authorised officers
Division 2--Other offences relating to authorised officers
584. Obstructing authorised officer
585. Impersonating authorised officer
Division 3--Other provisions
586. Multiple requirements
587. Compliance with particular requirements
588. Evidential immunity for individuals complying with particular
589. Effect of withdrawal of consent to enter under this Chapter
CHAPTER 10--SANCTIONS AND PROVISIONS ABOUT LIABILITY FOR OFFENCES
PART 10.1--FORMAL WARNINGS
590. Formal warning
PART 10.1A--ENFORCEABLE UNDERTAKINGS
590A. Accepting undertaking
590B. Effect of undertaking
590C. Withdrawing or changing undertaking
590D. Contravening undertaking
PART 10.2--INFRINGEMENT NOTICES
591. Infringement notices
592. Recording information about infringement penalties
PART 10.3--COURT SANCTIONS
Division 1--General provisions
593. Penalties court may impose
594. Matters court must consider when imposing sanction for noncompliance with mass,
595. Court may treat noncompliance with mass, dimension or loading requirement as a
Division 2--Provisions about imposing fines
596. Body corporate fines under penalty provision
Division 2A--Injunctions
596A. Injunctions
Division 3--Commercial benefits penalty orders
597. Commercial benefits penalty order
Division 4--Cancelling or suspending registration
598. Power to cancel or suspend vehicle registration
Division 4A--Cancelling, varying or suspending driver licences or disqualifying drivers
598A. Sanctions involving driver licences
Division 5--Supervisory intervention orders
599. Application of Div 5
600. Court may make supervisory intervention order
601. Limitation on making supervisory intervention order
602. Supervisory intervention order may suspend other sanctions
603. Amendment or revocation of supervisory intervention order
604. Contravention of supervisory intervention order
605. Effect of supervisory intervention order if prohibition order applies to same
Division 6--Prohibition orders
606. Application of Div 6
607. Court may make prohibition order
608. Limitation on making prohibition order
609. Amendment or revocation of prohibition order
610. Contravention of prohibition order
Division 7--Compensation orders
611. Court may make compensation order
612. Assessment of compensation
613. Use of certificates in assessing compensation
614. Limits on amount of compensation
615. Costs
616. Enforcement of compensation order and costs
617. Relationship with orders or awards of other courts and tribunals
PART 10.4--PROVISIONS ABOUT LIABILITY
Division 3--Defences
626. Definition for Div 3
627. Defence for owner or operator of vehicle if offence committed while vehicle used by
628. Defence for driver of vehicle subject to a deficiency
629. Defence of compliance with direction
630. Sudden or extraordinary emergency
631. Lawful authority
Division 4--Other provisions about liability
632. Deciding whether person ought reasonably to have known something
632A. Using code of practice in
633. Multiple offenders
634. Multiple offences
635. Responsibility for acts or omissions of representative
636. Liability of executive officers of corporation
637. Treatment of unincorporated partnerships
638. Treatment of other unincorporated bodies
639. Liability of registered operator
CHAPTER 11--REVIEWS AND APPEALS
PART 11.1--PRELIMINARY
640. Definitions for Ch 11
PART 11.2--INTERNAL REVIEW
641. Applying for internal review
642. Stay of reviewable decisions made by Regulator or authorised
643. Referral of applications for review of decisions made by road
644. Internal review
645. Review decision
646. Notice of review decision
PART 11.3--APPEALS
647. Appellable decisions
648. Stay of review decision
649. Powers of relevant appeal body on appeal
650. Effect of decision of relevant appeal body on appeal
CHAPTER 12--ADMINISTRATION
PART 12.1--RESPONSIBLE MINISTERS
651. Policy directions
652. Referral of matters etc. by responsible Minister
653. Approved guidelines for exemptions, authorisations, permits and
654. Other approvals
655. How responsible Ministers exercise functions
655A. Delegation by responsible Ministers
PART 12.2--NATIONAL HEAVY VEHICLE REGULATOR
Division 1--Establishment, functions and powers
656. Establishment of National Heavy Vehicle Regulator
657. Status of Regulator
658. General powers of Regulator
659. Functions of Regulator
660. Cooperation with participating jurisdictions and Commonwealth
661. Delegation
Division 2--Governing board of Regulator
Subdivision 1--Establishment and functions
662. Establishment of National Heavy Vehicle Regulator Board
663. Membership of Board
664. Functions of Board
Subdivision 2--Members
665. Terms of office of members
666. Remuneration
667. Vacancy in office of member
668. Board member to give responsible Ministers notice of certain
669. Extension of term of office during vacancy in membership
670. Members to act in public interest
671. Disclosure of conflict of interest
Subdivision 3--Meetings
672. General procedure
673. Quorum
674. Chief executive officer may attend meetings
675. Presiding member
676. Voting
677. Minutes
678. First meeting
679. Defects in appointment of members
Subdivision 4--Committees
680. Committees
Division 3--Chief executive officer
681. Chief executive officer
682. Functions of chief executive officer
683. Delegation by chief executive officer
Division 4--Staff
684. Staff
685. Staff seconded to Regulator
686. Consultants and contractors
PART 12.2A--DATABASE OF HEAVY VEHICLES
686A. Database of heavy vehicles
686B. Regulator may share information in database of heavy vehicles
PART 12.3--MISCELLANEOUS
Division 1--Finance
687. National Heavy Vehicle Regulator Fund
688. Payments into Fund
689. Payments out of Fund
690. Investment by Regulator
691. Financial management duties of Regulator
692. Amounts payable to other entities
Division 2--Reporting and planning arrangements
693. Annual report
694. Other reports
695. Corporate plans
Division 3--Oversight of the Regulator and Board
696. Application of particular Queensland Acts to this Law
Division 4--Provisions relating to persons exercising functions under Law
697. General duties of persons exercising functions under this Law
698. Protection from personal liability for persons exercising
698A. No liability, right etc. arising from particular functions of authorised officer or
CHAPTER 13--GENERAL
PART 13.1--GENERAL OFFENCES
Division 1--Offence about discrimination or victimisation
699. Discrimination against or victimisation of employees
700. Order for damages or reinstatement
Division 2--Offences about false or misleading information
701. False or misleading statements
702. False or misleading documents
703. False or misleading information given by responsible person to
704. Offence to falsely represent that heavy vehicle authority is held
PART 13.2--INDUSTRY CODES OF PRACTICE
705. Guidelines for industry codes of practice
706. Registration of industry codes of practice
PART 13.3--LEGAL PROCEEDINGS
Division 1--Proceedings
707. Proceeding for indictable offences
707A. Proceeding for other offences
Division 2--Evidence
708. Proof of appointments unnecessary
709. Proof of signatures unnecessary
709A. Evidence of speed
710. Averments
711. Evidence by certificate by Regulator generally
712. Evidence by certificate by road authority
713. Evidence by certificate by Regulator about matters stated in or worked out from
714. Evidence by certificate by authorised officer about instruments
715. Challenging evidence by certificate
715A. Evidence of contents of document examined by
716. Evidence by record about mass
717. Manufacturer's statements
718. Measurement of weight on tyre
719. Transport and journey documentation
720. Evidence not affected by nature of vehicle
721. Certificates of TCA
722. Approved intelligent transport system
723. Evidence as to intelligent access map
724. Reports and statements made by approved intelligent transport
725. Documents produced by an approved electronic recording system
726. Statement by person involved with use or maintenance of approved electronic recording
726A. Evidence of offence
726B. Evidence obtained by police using other powers
726C. Evidence obtained in another jurisdiction
Division 3--Publication of court outcomes
726D. Regulator may publish convictions, penalties, orders, etc.
PART 13.4--PROTECTED INFORMATION
727. Definitions for Pt 13.4
728. Duty of confidentiality for protected
728A. Duty of confidentiality for electronic work diary protected
729. Protected information only to be used for authorised use
729A. Electronic work diary protected information only to be used for electronic work diary
729B. Warrant authorising use of electronic work diary protected
PART 13.5--NATIONAL REGULATIONS
730. National regulations
731. National regulations for approved vehicle examiners
732. National regulations for publication of agreements for services to States or
733. Publication of national regulations
734. Scrutiny of national regulations
PART 13.6--OTHER
735. Approved forms
735A. Legal professional privilege
736. Penalty at end of provision
737. Increase of penalty amounts
737A. Application of s 737 to new penalties
738. Service of documents
739. Service by post
740. Fees
740A. Increase of fee amounts
741. Recovery of amounts payable under Law
742. Contracting out prohibited
743. Other powers not affected
CHAPTER 14--SAVINGS AND TRANSITIONAL PROVISIONS
PART 14.1--INTERIM PROVISIONS RELATING TO MINISTERS AND BOARD
744. Responsible Ministers
745. Exercise of powers by Board between enactment and commencement
PART 14.2--GENERAL PROVISIONS
746. Application of Part 14.2
747. Definitions for Part 14.2
748. General savings and transitional provision
749. Expiry of certain permits, exemptions, notices and authorities
750. Amendment or cancellation of instruments carried over from
751. Expiry of industry codes of practice
752. Pending matters
753. Preservation of current PBS scheme
754. Preservation of contracts for current PBS scheme
755. National regulations for savings and transitional matters
PART 14.3--HEAVY VEHICLE NATIONAL LAW AMENDMENT ACT 2015 (QUEENSLAND)
756. Application of s 87A to previously fitted plate or label
757. Saving of stated map and other matters under s 119 or 142
758. Application of s 737 to a new penalty
PART 14.4--HEAVY VEHICLE NATIONAL LAW AND OTHER LEGISLATION AMENDMENT ACT 2016 (QUEENSLAND)
759. Application of s 737 to a new penalty
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
ENDNOTES
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