HEAVY VEHICLE NATIONAL LAW ACT 2012 NO. 21

Queensland Numbered Acts

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HEAVY VEHICLE NATIONAL LAW ACT 2012 NO. 21

TABLE OF PROVISIONS

Contents
Part 1--Preliminary
1. Short title
2. Commencement
3. Definitions
Part 2--Adoption of Heavy Vehicle National Law
Division 1--General
4. Application of Heavy Vehicle National Law
5. Exclusion of legislation of this jurisdiction
Division 2--Meaning of particular terms for Heavy Vehicle National Law (Queensland)
6. Purpose of div 2
7. Definitions of generic terms and terms having meaning provided by this Act
8. Particular laws
9. Local government authority
10. Relevant tribunal or court
11. Road authority
12. Road manager for a road
13. Police officers who are authorised officers
14. Authorised warrant official
15. Areas that are roads
16. Offences for which the persons charged do not have the benefit of the mistake of fact defence
Part 3--National regulations
17. Parliamentary scrutiny of national regulations
Part 4--Provisions specific to this jurisdiction
18. Application of particular provisions to police officers
19. Review of decision by QCAT as relevant tribunal or court
SCHEDULE -- HEAVY VEHICLE NATIONAL LAW

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 under laws
12. References to this Law as applied in a participating jurisdiction
13. References to road
14. References to mistake of fact defence
Part 1.3 Application and operation of Law
15. Extraterritorial operation of Law
16. Law binds the State
17. Relationship with primary work health and safety laws

CHAPTER 2--REGISTRATION
Part 2.1
Preliminary

18. Main purpose of Ch 2
Part 2.2 Registration scheme
Division 1--Preliminary
19. Scheme for registration of heavy vehicles
20. Registration not evidence of title
Division 2--Requirement for heavy vehicle to be registered
21. Registration requirement
Division 3--Authorised use of unregistered heavy vehicle
22. Purpose of Div 3
23. Unregistered heavy vehicle on journey for obtaining registration
24. Unregistered heavy vehicle temporarily in Australia
25. Unregistered heavy vehicle used for short term only
26. Unregistered heavy vehicle used locally only
27. Unregistered heavy vehicle that is an agricultural vehicle
28. Unregistered heavy vehicle to which exemption under Div 4 applies
Division 4--Exemption from requirement to be registered
29. Regulator's power to exempt category of heavy vehicles from requirement to be registered
30. Restriction on grant of registration exemption
31. Conditions of registration exemption
32. Period for which registration exemption applies
33. Requirements about Commonwealth Gazette notice
34. Amendment or cancellation of registration exemption
Part 2.3 Vehicle register
35. Vehicle register
Part 2.4 Other provisions relating to registration
36. Ownership of registration items
37. Obtaining registration or registration items by false statements etc.
38. Replacement and recovery of incorrect registration items
39. Verification of particular records
Part 2.5 Written-off and wrecked heavy vehicles
40. Purpose of Pt 2.5
41. Definitions for Pt 2.5
42. Written-off and wrecked heavy vehicles register
Part 2.6 Other provisions
43. Regulator may specify GCM in particular circumstances
44. Regulator may specify GVM in particular circumstances

CHAPTER 3--VEHICLE OPERATIONS—STANDARDS AND SAFETY
Part 3.1 Preliminary

45. Main purpose of Ch 3
Part 3.2 Compliance with heavy vehicle standards
Division 1--Requirements
46. Heavy vehicle standards
47. Compliance with heavy vehicle standards
Division 2--Exemptions by Commonwealth Gazette notice
48. Regulator's power to exempt category of heavy vehicles from compliance with heavy vehicle standard
49. Restriction on grant of vehicle standards exemption (notice)
50. Conditions of vehicle standards exemption (notice)
51. Period for which vehicle standards exemption (notice) applies
52. Requirements about Commonwealth Gazette notice
53. Amendment or cancellation of vehicle standards exemption (notice)
Division 3--Exemptions by permit
54. Regulator's power to exempt particular heavy vehicle from compliance with heavy vehicle standard
55. Application for vehicle standards exemption (permit)
56. Restriction on grant of vehicle standards exemption (permit)
57. Conditions of vehicle standards exemption (permit)
58. Period for which vehicle standards exemption (permit) applies
59. Permit for vehicle standards exemption (permit) etc.
60. Refusal of application for vehicle standards exemption (permit)
61. Amendment or cancellation of vehicle standards exemption (permit) on application by permit holder
62. Amendment or cancellation of vehicle standards exemption (permit) on Regulator's initiative
63. Minor amendment of vehicle standards exemption (permit)
64. Return of permit
65. Replacement of defaced etc. permit
Division 4--Operating under vehicle standards exemption
66. Contravening condition of vehicle standards exemption
67. Keeping relevant document while driving under vehicle standards exemption (notice)
68. Keeping copy of permit while driving under vehicle standards exemption (permit)
Part 3.3 Modifying heavy vehicles
69. Modifying heavy vehicle requires approval
70. Approval of modification by authorised entity
71. Approval of modification by Regulator
Part 3.4 Other offences
72. Safety requirement
73. Requirement about properly operating emission control system
74. Display of warning signs required by heavy vehicle standards on vehicles to which the requirement does not apply
75. Person must not tamper with speed limiter fitted to heavy vehicle

CHAPTER 4--VEHICLE OPERATIONS—MASS, DIMENSION AND LOADING
Part 4.1 Preliminary

76. Main purposes of Ch 4
Part 4.2 Mass requirements
Division 1--Requirements
77. National regulations may prescribe mass requirements
78. Compliance with mass requirements
Division 2--Categories of breaches of mass requirements
79. Definitions for Div 2
80. Minor risk breach
81. Substantial risk breach
82. Severe risk breach
Part 4.3 Dimension requirements
Division 1--Requirements
83. National regulations may prescribe dimension requirements
84. Compliance with dimension requirements
Division 2--Categories of breaches of dimension requirements
85. Definitions for Div 2
86. Minor risk breach
87. Substantial risk breach
88. Severe risk breach
Division 3--Other provisions relating to load projections
89. Dangerous projections taken to be contravention of dimension requirement
90. Warning signals required for rear projection of loads
Part 4.4 Loading requirements
Division 1--Requirements
91. National regulations may prescribe loading requirements
92. Compliance with loading requirements
Division 2--Categories of breaches of loading requirements
93. Minor risk breach
94. Substantial risk breach
95. Severe risk breach
Division 3--Evidentiary provision
96. Proof of contravention of loading requirement
Part 4.5 Exemptions for particular overmass or oversize vehicles
Division 1--Preliminary
97. Class 1 heavy vehicles and class 3 heavy vehicles
Division 2--Exemptions by Commonwealth Gazette notice
98. Regulator's power to exempt category of class 1 or 3 heavy vehicles from compliance with mass or dimension requirement
99. Restriction on grant of mass or dimension exemption (notice)
100. Conditions of mass or dimension exemption (notice)
101. Period for which mass or dimension exemption (notice) applies
102. Requirements about Commonwealth Gazette notice
Division 3--Exemptions by permit
103. Regulator's power to exempt particular class 1 or class 3 heavy vehicle from compliance with mass or dimension requirement
104. Application for mass or dimension exemption (permit)
105. Restriction on grant of mass or dimension exemption (permit)
106. Conditions of mass or dimension exemption (permit)
107. Period for which mass or dimension exemption (permit) applies
108. Permit for mass or dimension exemption (permit) etc.
109. Refusal of application for mass or dimension exemption (permit)
Division 4--Operating under mass or dimension exemption
110. Contravening condition of mass or dimension exemption generally
111. Contravening condition of mass or dimension exemption relating to pilot or escort vehicle
112. Using pilot vehicle with a heavy vehicle that contravenes mass or dimension exemption
113. Keeping relevant document while driving under mass or dimension exemption (notice)
114. Keeping copy of permit while driving under mass or dimension exemption (permit)
Division 5--Other provision
115. Displaying warning signs on vehicles if not required by dimension exemption
Part 4.6 Restricting access to roads by large vehicles that are not overmass or oversize vehicles
Division 1--Preliminary
116. Main purpose of Pt 4.6
117. Class 2 heavy vehicles
Division 2--Restriction
118. Using class 2 heavy vehicle
Division 3--Authorisation by Commonwealth Gazette notice
119. Regulator's power to authorise use of all or stated categories of class 2 heavy vehicles
120. Restriction on grant of class 2 heavy vehicle authorisation (notice)
121. Conditions of class 2 heavy vehicle authorisation (notice)
122. Period for which class 2 heavy vehicle authorisation (notice) applies
123. Requirements about Commonwealth Gazette notice etc.
Division 4--Authorisation by permit
124. Regulator's power to authorise use of a particular class 2 heavy vehicle
125. Application for class 2 heavy vehicle authorisation (permit)
126. Restriction on grant of class 2 heavy vehicle authorisation (permit)
127. Conditions of class 2 heavy vehicle authorisation (permit)
128. Period for which class 2 heavy vehicle authorisation (permit) applies
129. Permit for class 2 heavy vehicle authorisation (permit) etc.
130. Refusal of application for class 2 heavy vehicle authorisation (permit)
Division 5--Operating under class 2 heavy vehicle authorisation
131. Contravening condition of class 2 heavy vehicle authorisation
132. Keeping relevant document while driving under class 2 heavy vehicle authorisation (notice)
133. Keeping copy of permit while driving under class 2 heavy vehicle authorisation (permit)
Part 4.7 Particular provisions about mass or dimension authorities
Division 1--Preliminary
134. Definitions for Pt 4.7
Division 2--Obtaining consent of relevant road managers
135. Application of Div 2
136. Deciding request for consent generally
137. Deciding request for consent if route assessment required
138. Imposition of road conditions
139. Imposition of vehicle conditions
140. Obtaining consent of road authority if particular road manager refuses to give consent
141. Information notice for imposition of road conditions requested by road manager
142. Information notice for decision to refuse application because road manager did not give consent
Division 3--Amendment, cancellation or suspension of mass or dimension authority granted by Commonwealth Gazette notice
143. Amendment or cancellation on Regulator's initiative
144. Amendment or cancellation on request by relevant road manager
145. Immediate suspension
Division 4--Amendment, cancellation or suspension of mass or dimension authority granted by permit
146. Amendment or cancellation on application by permit holder
147. Amendment or cancellation on Regulator's initiative
148. Amendment or cancellation on request by relevant road manager
149. Immediate suspension
150. Minor amendment
Division 5--Provisions about permits for mass or dimension authorities
151. Return of permit
152. Replacement of defaced etc. permit
Part 4.8 Extended liability
153. Liability of employer etc. for driver's contravention of mass, dimension or loading requirement
154. Liability of employer etc. for driver's contravention of mass limit traffic offence
Part 4.9 Other offences
Division 1--Towing restriction
155. Towing restriction
Division 2--Coupling requirements
156. Requirements about coupling trailers
Division 3--Transport documentation
157. False or misleading transport documentation for goods
158. False or misleading information in container weight declaration
Division 4--Other offences about container weight declarations
159. Application of Div 4
160. Meaning of complying container weight declaration
161. Duty of responsible entity
162. Duty of operator
163. Duty of driver
Division 5--Other offences
164. Weight of freight container exceeding weight stated on container or safety approval plate
165. Conduct of consignee resulting or potentially resulting in contravention of mass, dimension or loading requirement
Part 4.10 Other provisions
166. Conflicting mass limits
167. Exemption from compliance with particular requirements in emergency
168. Recovery of losses arising from non-provision of container weight declaration
169. Recovery of losses for provision of inaccurate container weight declaration
170. Recovery by responsible entity of amount paid under s 169
171. Assessment of monetary value or attributable amount

CHAPTER 5--VEHICLE OPERATIONS—SPEEDING
Part 5.1 Preliminary

172. Main purpose of Ch 5
173. Outline of the main features of Ch 5
Part 5.2 Particular duties and offences
Division 1--Employers, prime contractors and operators
174. Duty of employer, prime contractor or operator to ensure business practices will not cause driver to exceed speed limit
175. Duty of employer not to cause driver to drive if particular requirements not complied with
176. Duty of prime contractor or operator not to cause driver to drive if particular requirements not complied with
Division 2--Schedulers
177. Duty to ensure driver's schedule will not cause driver to exceed speed limit
178. Duty not to cause driver to drive if particular requirements not complied with
Division 3--Loading managers
179. Duty to ensure loading arrangements will not cause driver to exceed speed limit
Division 4--Particular consignors and consignees
180. Consignors to whom Div 4 applies
181. Consignees to whom Div 4 applies
182. Duty to ensure terms of consignment will not cause driver to exceed speed limit etc.
183. Duty not to make a demand that may result in driver exceeding the speed limit
Division 5--Particular requests etc. and contracts etc. prohibited
184. Who is a party in the chain of responsibility
185. Particular requests etc. prohibited
186. Particular contracts etc. prohibited
Division 6--Provisions about offences against this Part
187. Objective reasonableness test to be used in deciding causation
188. Commission of speeding offence is irrelevant to Pt 5.2 prosecution
Part 5.3 Extended liability
189. Liability of employer etc. for driver's contravention of speeding offence

CHAPTER 6--VEHICLE OPERATIONS—DRIVER FATIGUE
Part 6.1 Preliminary

190. Main purpose of Ch 6
191. Definitions for Ch 6
192. Categories of breaches
Part 6.2 Duties relating to fatigue
Division 1--Preliminary
193. What is fatigue
194. Matters court may consider in deciding whether person was fatigued
195. What is impaired by fatigue
196. Matters court may consider in deciding whether person was impaired by fatigue
197. Who is a party in the chain of responsibility
Division 2--Duty to avoid and prevent fatigue
198. Duty of driver to avoid driving while fatigued
199. Duty of party in the chain of responsibility to prevent driver driving while fatigued
Division 3--Additional duties of employers, prime contractors and operators
200. Duty of employer, prime contractor or operator to ensure business practices will not cause driver to drive while fatigued etc.
201. Duty of employer not to cause driver to drive if particular requirements not complied with
202. Duty of prime contractor or operator not to cause driver to drive if particular requirements not complied with
Division 4--Additional duties of schedulers
203. Duty to ensure driver's schedule will not cause driver to drive while fatigued etc.
204. Duty not to cause driver to drive if particular requirements not complied with
Division 5--Additional duties of consignors and consignees
205. Duty to ensure terms of consignment will not cause driver to drive while fatigued etc.
206. Duty not to cause driver to drive if particular requirements not complied with
207. Duty not to make a demand that may result in driver driving while fatigued etc.
Division 6--Additional duties of loading managers
208. Duty to ensure loading arrangements will not cause driver to drive while fatigued etc.
209. Duty to ensure drivers can rest in particular circumstances
Division 7--Particular requests etc. and contracts etc. prohibited
210. Particular requests etc. prohibited
211. Particular contracts etc. prohibited
Division 8--Provisions about offences against this Part
212. Objective reasonableness test to be used in deciding causation
Part 6.3 Requirements relating to work time and rest time
Division 1--Preliminary
213. What is a driver's work and rest hours option
214. Counting time spent in participating jurisdictions
215. Counting time spent outside participating jurisdictions
216. Counting periods of less than 15 minutes
217. Time to be counted after rest time ends
218. Time to be counted by reference to time zone of driver's base
Division 2--Standard work and rest arrangements
219. Standard hours
220. Operating under standard hours—solo drivers
221. Operating under standard hours—two-up drivers
222. Defence relating to short rest breaks for drivers operating under standard hours
Division 3--BFM work and rest arrangements
223. BFM hours
224. Operating under BFM hours—solo drivers
225. Defence for solo drivers operating under BFM hours relating to split rest breaks
226. Operating under BFM hours—two-up drivers
Division 4--AFM work and rest arrangements
227. AFM hours
228. Operating under AFM hours
Division 5--Arrangements under work and rest hours exemption
229. Exemption hours
230. Operating under exemption hours
Division 6--Extended liability
231. Liability of employer etc. for driver's contravention of maximum work requirement or minimum rest requirement
Division 7--Changing work and rest hours option
232. Changing work and rest hours option
233. Operating under new work and rest hours option after change
234. Duty of employer, prime contractor, operator and scheduler to ensure driver compliance
Division 8--Exemptions relating to work times and rest times
Subdivision 1--Exemption for emergency services
235. Emergency services exemption
Subdivision 2--Exemptions by Commonwealth Gazette notice
236. Regulator's power to exempt class of drivers from particular maximum work requirements and minimum rest requirements
237. Restriction on grant of work and rest hours exemption (notice)
238. Conditions of work and rest hours exemption (notice)
239. Period for which work and rest hours exemption (notice) applies
240. Requirements about Commonwealth Gazette notice
241. Amendment or cancellation of work and rest hours exemption (notice)
Subdivision 3--Exemptions by permit
242. Regulator's power to exempt drivers from particular maximum work requirements and minimum rest requirements
243. Application for work and rest hours exemption (permit)
244. Restriction on grant of work and rest hours exemption (permit)
245. Conditions of work and rest hours exemption (permit)
246. Period for which work and rest hours exemption (permit) applies
247. Permit for work and rest hours exemption (permit) etc.
248. Refusal of application for work and rest hours exemption (permit)
249. Amendment or cancellation of work and rest hours exemption (permit) on application by permit holder
250. Amendment or cancellation of work and rest hours exemption (permit) on Regulator's initiative
251. Immediate suspension of work and rest hours exemption (permit)
252. Minor amendment of work and rest hours exemption (permit)
253. Return of permit
254. Replacement of defaced etc. permit
Subdivision 4--Offences relating to operating under work and rest hours exemption etc.
255. Contravening condition of work and rest hours exemption
256. Keeping relevant document while operating under work and rest hours exemption (notice)
257. Keeping copy of permit while driving under work and rest hours exemption (permit)
Part 6.4 Requirements about record keeping
Division 1--Preliminary
258. What is 100km work and 100+km work
259. What is a driver's base in particular circumstances
260. What is a driver's record location
Division 2--Work diary requirements
Subdivision 1--Requirement to carry work diary
261. Application of Sdiv 1
262. Meaning of work diary for Sdiv 1
263. Driver of fatigue-regulated heavy vehicle must carry work diary
Subdivision 2--Information required to be included in work diary
264. Purpose of Sdiv 2
265. How information requirements apply to a day
266. Information to be recorded immediately after starting work
267. Information to be recorded immediately before or after work and rest change
268. Information to be recorded immediately after change of base or record location
269. Information to be recorded immediately before finishing work
Subdivision 3--How information must be recorded in work diary
270. Purpose of Sdiv 3
271. Recording information in written work diary
272. Recording information in electronic work diary
273. Time zone of driver's base must be used
Subdivision 4--Requirements about work diaries that are filled up etc.
274. Application of Sdiv 4
275. Driver must make supplementary records in particular circumstances
276. Driver must notify Regulator if written work diary filled up etc.
277. Driver must notify Regulator if electronic work diary filled up etc.
278. What driver must do if lost or stolen written work diary found or returned
279. Driver must notify record keeper if electronic work diary filled up etc.
280. Intelligent access reporting entity must notify record keeper if approved electronic recording system malfunctioning
281. What record keeper must do if electronic work diary filled up
282. What record keeper must do if electronic work diary destroyed, lost or stolen
283. What record keeper must do if electronic work diary not in working order or malfunctioning
Subdivision 5--Use of electronic work diaries
284. How electronic work diary must be used
Subdivision 6--Extended liability
285. Liability of employer etc. for driver's contravention of particular requirements of this Division
Division 3--Records relating to drivers
Subdivision 1--Preliminary
286. Application of Div 3
287. Who is a driver's record keeper
Subdivision 2--Record keeping obligations relating to drivers engaging in 100km work under standard hours
288. Application of Sdiv 2
289. Records record keeper must have
Subdivision 3--Record keeping obligations relating to drivers engaging in 100+km work under standard hours or operating under BFM hours, AFM hours or exemption hours
290. Application of Sdiv 3
291. Records record keeper must have
292. General requirements about driver giving information to record keeper
293. Requirements about driver giving information to record keeper if driver changes record keeper
294. Record keeper must give printouts of information from electronic work diary
Subdivision 4--Requirements about records record keeper must make or keep
295. Period for which, and way in which, records must be kept
Division 4--Provisions about false representations relating to work records
296. False or misleading entries
297. Keeping 2 work diaries simultaneously prohibited
298. Possession of purported work records etc. prohibited
299. False representation about work records prohibited
Division 5--Interfering with work records
Subdivision 1--Work records generally
300. Defacing or changing work records etc. prohibited
301. Making entries in someone else's work records prohibited
302. Destruction of particular work records prohibited
303. Offence to remove pages from written work diary
Subdivision 2--Approved electronic recording systems
304. Application of Sdiv 2
305. Meaning of tamper
306. Person must not tamper with approved electronic recording system
307. Person using approved electronic recording system must not permit tampering with it
308. Intelligent access reporting entity must not permit tampering with approved electronic recording system
Division 6--Obtaining written work diary
309. Form of written work diary
310. Application for written work diary
311. Issue of written work diary
Division 7--Approval of electronic recording systems
Subdivision 1--Approval of electronic recording systems
312. Application for approval of electronic recording system
313. Deciding application for approval
314. Steps after decision to grant approval
315. Steps after decision to refuse application
316. Effect of approval
Subdivision 2--Provisions about electronic work diary labels
317. Placing electronic work diary label on device
318. Particular label indicates device is an approved electronic recording system
319. Effect of electronic work diary label on device
320. Prohibition on using device as electronic work diary if it is not, and is not a part of, an approved electronic recording system
Subdivision 3--Amendment or cancellation of approval
321. Amendment or cancellation of approval on application
322. Amendment or cancellation of approval on Regulator's initiative
323. Minor amendment of approval
324. Requirements if approval amended
325. Requirements if approval cancelled
Division 8--Exemptions from work diary requirements
Subdivision 1--Exemption for emergency services
326. Emergency services exemption
Subdivision 2--Exemptions by Commonwealth Gazette notice
327. Regulator's power to exempt particular drivers from work diary requirements
328. Restriction on grant of work diary exemption (notice)
329. Conditions of work diary exemption (notice)
330. Period for which work diary exemption (notice) applies
331. Requirements about Commonwealth Gazette notice
332. Amendment or cancellation of work diary exemption (notice)
Subdivision 3--Exemptions by permit
333. Regulator's power to exempt driver of fatigue-regulated heavy vehicle from work diary requirement
334. Application for work diary exemption (permit)
335. Restriction on grant of work diary exemption (permit)
336. Conditions of work diary exemption (permit)
337. Period for which work diary exemption (permit) applies
338. Permit for work diary exemption (permit) etc.
339. Refusal of application for work diary exemption (permit)
340. Amendment or cancellation of work diary exemption (permit) on application by permit holder
341. Amendment or cancellation of work diary exemption (permit) on Regulator's initiative
342. Minor amendment of work diary exemption (permit)
343. Return of permit
344. Replacement of defaced etc. permit
Subdivision 4--Operating under work diary exemption
345. Contravening condition of work diary exemption
346. Keeping relevant document while operating under work diary exemption (notice)
347. Keeping copy of permit while operating under work diary exemption (permit)
Division 9--Requirements about odometers
348. Owner must maintain odometer
349. Driver must report malfunctioning odometer
350. What owner must do if odometer malfunctioning
351. What employer or operator must do if odometer malfunctioning

CHAPTER 7--INTELLIGENT ACCESS
Part 7.1 Preliminary

352. Main purposes of Ch 7
353. Application of Ch 7
354. Definitions for Ch 7
Part 7.2 Duties and obligations of operators of intelligent access vehicles
355. Offence to give false or misleading information to intelligent access service provider
356. Advising vehicle driver of collection of information by intelligent access service provider
357. Reporting system malfunctions to Regulator
358. Advising driver of driver's obligations about reporting system malfunctions
Part 7.3 Obligations of drivers of intelligent access vehicles
359. Reporting system malfunctions to operator
Part 7.4 Powers, duties and obligations of intelligent access service providers
360. Powers to collect and hold intelligent access information
361. Collecting intelligent access information
362. Keeping records of intelligent access information collected
363. Protecting intelligent access information
364. Making individuals aware of personal information held
365. Giving individuals access to their personal information
366. Correcting errors etc.
367. General restriction on use and disclosure of intelligent access information
368. Giving intelligent access auditor access to records
369. Powers to use and disclose intelligent access information
370. Keeping record of use or disclosure of intelligent access information
371. Keeping noncompliance report etc.
372. Destroying intelligent access information etc.
373. Reporting relevant contraventions to Regulator
374. Reporting tampering or suspected tampering with approved intelligent transport system to Regulator
375. Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system
Part 7.5 Functions, powers, duties and obligations of TCA
376. Contravention of particular provisions not an offence
377. Functions of TCA
378. Powers to collect and hold intelligent access information
379. Collecting intelligent access information
380. Protecting intelligent access information collected
381. Making individuals aware of personal information held
382. Giving individuals access to their personal information
383. Correcting errors etc.
384. General restriction on use and disclosure of intelligent access information
385. Powers to use and disclose intelligent access information
386. Restriction about intelligent access information that may be used or disclosed
387. Keeping record of use or disclosure of intelligent access information
388. Keeping noncompliance reports
389. Destroying intelligent access information or removing personal information from it
390. Reporting tampering or suspected tampering with, or malfunction or suspected malfunction of, approved intelligent transport system to Regulator
391. Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system
Part 7.6 Powers, duties and obligations of intelligent access auditors
392. Powers to collect and hold intelligent access information
393. Collecting intelligent access information
394. Protecting intelligent access information collected
395. Making individuals aware of personal information held
396. Giving individuals access to their personal information
397. Correcting errors etc.
398. General restriction on use and disclosure of intelligent access information
399. Powers to use and disclose intelligent access information
400. Restriction about intelligent access information that may be used or disclosed
401. Keeping record of use or disclosure of intelligent access information
402. Destroying intelligent access information or removing personal information from it
403. Reporting contraventions by intelligent access service providers to TCA
404. Reporting tampering or suspected tampering with approved intelligent transport system to Regulator or TCA
405. Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system
Part 7.7 Other provisions
406. Offence to tamper with approved intelligent transport system
407. Regulator may issue intelligent access identifiers

CHAPTER 8--ACCREDITATION
Part 8.1 Preliminary

408. Purpose of Ch 8
409. Definitions for Ch 8
Part 8.2 Grant of heavy vehicle accreditation
410. Regulator's power to grant heavy vehicle accreditation
411. Application for heavy vehicle accreditation
412. Obtaining criminal history information about applicant
413. Restriction on grant of heavy vehicle accreditation
414. Conditions of heavy vehicle accreditation
415. Period for which heavy vehicle accreditation applies
416. Accreditation certificate for heavy vehicle accreditation etc.
417. Refusal of application for heavy vehicle accreditation
418. Accreditation labels for maintenance management accreditation and mass management accreditation
Part 8.3 Operating under heavy vehicle accreditation
419. Compliance with conditions of BFM accreditation or AFM accreditation
420. Driver must carry accreditation details
421. Driver must return particular documents if stops operating under accreditation etc.
422. General requirements applying to operator with heavy vehicle accreditation
423. Operator must give notice of amendment, suspension or ending of heavy vehicle accreditation
Part 8.4 Amendment or cancellation of heavy vehicle accreditation
424. Amendment or cancellation of heavy vehicle accreditation on application
425. Amendment, suspension or cancellation of heavy vehicle accreditation on Regulator's initiative
426. Immediate suspension of heavy vehicle accreditation
427. Minor amendment of heavy vehicle accreditation
Part 8.5 Other provisions about heavy vehicle accreditations
428. Return of accreditation certificate
429. Replacement of defaced etc. accreditation certificate
430. Offences relating to auditors

CHAPTER 9--ENFORCEMENT
Part 9.1 General matters about authorised officers
Division 1--Functions

431. Functions of authorised officers
Division 2--Appointment
432. Application of Div 2
433. Appointment and qualifications
434. Appointment conditions and limit on powers
435. When office ends
436. Resignation
Division 3--Identity cards
437. Application of Div 3
438. Issue of identity card
439. Production or display of identity card
440. Return of identity card
Division 4--Miscellaneous provisions
441. References to exercise of powers
442. Reference to document includes reference to reproduction from electronic document
Part 9.2 Powers in relation to places
Division 1--Preliminary
443. Definitions for Pt 9.2
Division 2--Entry of relevant places for monitoring purposes
444. Power to enter relevant place
445. General powers after entering relevant place
Division 3--Entry of places for investigation purposes
446. General power to enter places
447. Power to enter a place if evidence suspected to be at the place
448. Power to enter particular places if incident involving death, injury or damage
449. General powers after entering a place
Division 4--Procedure for entry by consent
450. Application of Div 4
451. Incidental entry to ask for access
452. Matters authorised officer must tell occupier
453. Consent acknowledgement
Division 5--Entry under warrant
454. Application for warrant
455. Issue of warrant
456. Application by electronic communication and duplicate warrant
457. Defect in relation to a warrant
458. Procedure for entry
Part 9.3 Powers in relation to heavy vehicles
Division 1--Preliminary
459. Application of Pt 9.3
460. Persons who are drivers for this Part
Division 2--Stopping, not moving or not interfering with heavy vehicle etc.
461. Direction to stop heavy vehicle to enable exercise of other powers
462. Direction not to move or interfere with heavy vehicle etc. to enable exercise of other powers
Division 3--Moving heavy vehicle
463. Definition for Div 3
464. Requirement to give offence warning
465. Direction to move heavy vehicle to enable exercise of other powers
466. Direction to move heavy vehicle if causing harm etc.
467. Moving unattended heavy vehicle on road to exercise another power
468. Moving unattended heavy vehicle on road if causing harm etc.
Division 4--Inspecting and searching heavy vehicles
469. Power to enter and inspect heavy vehicles for monitoring purposes
470. Power to enter and search heavy vehicle involved, or suspected to be involved, in an offence etc.
Division 5--Other powers in relation to all heavy vehicles
471. Starting or stopping heavy vehicle engine
472. Direction to leave heavy vehicle
Division 6--Further powers in relation to heavy vehicles concerning heavy vehicle standards
473. Definitions for Div 6
474. Issue of vehicle defect notice
475. Requirements about vehicle defect notice
476. Defective vehicle labels
477. Using defective heavy vehicles contrary to vehicle defect notice
478. Clearance of vehicle defect notices
479. Amendment or withdrawal of vehicle defect notices
Division 7--Further powers in relation to heavy vehicles concerning mass, dimension or loading requirements
480. Application of Div 7
481. Powers for minor risk breach of mass, dimension or loading requirement
482. Powers for substantial risk breach of mass, dimension or loading requirement
483. Powers for severe risk breach of mass, dimension or loading requirement
484. Operation of direction in relation to a combination
Division 8--Further powers in relation to fatigue-regulated heavy vehicles
485. Application of Div 8
486. Requiring driver to rest for contravention of maximum work requirement
487. Requiring driver to rest for contravention of minimum rest requirement
488. Requiring driver to stop working if impaired by fatigue
489. Requiring driver to stop working if work diary not produced or unreliable
490. Compliance with requirement under this Division
Part 9.4 Other powers
Division 1--Powers relating to equipment
491. Power to use equipment to access information
492. Power to use equipment to examine or process a thing
Division 2--Seizure and embargo notices
Subdivision 1--Power to seize
493. Seizing evidence at a place that may be entered without consent or warrant
494. Seizing evidence at a place that may be entered only with consent or warrant
495. Seizing evidence in a heavy vehicle entered under s 470
496. Additional seizure power relating to information stored electronically
497. Seizing thing or sample taken for examination under s 449
498. Seizure of property subject to security
Subdivision 2--Powers to support seizure
499. Requirement of person in control of thing to be seized
Subdivision 3--Safeguards for seized things or samples
500. Receipt for seized thing or sample
501. Access to seized thing
502. Return of seized things or samples
Subdivision 4--Embargo notices
503. Power to issue embargo notice
504. Noncompliance with embargo notice
505. Power to secure embargoed thing
506. Withdrawal of embargo notice
Division 3--Forfeiture and transfers
507. Power to forfeit particular things or samples
508. Information notice for forfeiture decision
509. Forfeited or transferred thing or sample becomes property of the Regulator
510. How property may be dealt with
Division 4--Information-gathering powers
511. Power to require name and address
512. Power to require production of document etc. required to be in driver's possession
513. Power to require production of documents etc. generally
514. Power to require information about heavy vehicles
Division 5--Improvement notices
515. Authorised officers to whom Division applies
516. Improvement notices
517. Contravention of improvement notice
518. Amendment of improvement notice
519. Revocation of an improvement notice
520. Clearance certificate
Division 6--Power to require reasonable help
521. Power to require reasonable help
Part 9.5 Provisions about exercise of powers
Division 1--Damage in exercising powers
522. Duty to minimise inconvenience or damage
523. Restoring damaged thing
524. Notice of damage
Division 2--Compensation
525. Compensation because of exercise of powers
Division 3--Provision about exercise of particular powers
526. Duty to record particular information in driver's work diary
Part 9.6 Miscellaneous provisions
Division 1--Powers of Regulator
527. Regulator may exercise powers of authorised officers
Division 2--Other offences relating to authorised officers
528. Obstructing authorised officer
529. Impersonating authorised officer
Division 3--Other provisions
530. Multiple requirements
531. Evidential immunity for individuals complying with particular requirements

CHAPTER 10--SANCTIONS AND PROVISIONS ABOUT LIABILITY FOR OFFENCES
Part 10.1 Formal warnings

532. Formal warning
Part 10.2 Infringement penalties
533. Recording information about infringement penalties
Part 10.3 Court sanctions
Division 1--General provisions
534. Penalties court may impose
535. Matters court must consider when imposing sanction for noncompliance with mass, dimension or loading requirement
536. Court may treat noncompliance with mass, dimension or loading requirement as a different risk category
Division 2--Provisions about imposing fines
537. Body corporate fines under penalty provision
538. Deciding whether offence is a first, second or subsequent offence
Division 3--Commercial benefits penalty orders
539. Commercial benefits penalty order
Division 4--Cancelling or suspending registration
540. Power to cancel or suspend vehicle registration
Division 5--Supervisory intervention orders
541. Application of Div 5
542. Court may make supervisory intervention order
543. Limitation on making supervisory intervention order
544. Supervisory intervention order may suspend other sanctions
545. Amendment or revocation of supervisory intervention order
546. Contravention of supervisory intervention order
547. Effect of supervisory intervention order if prohibition order applies to same person
Division 6--Prohibition orders
548. Application of Div 6
549. Court may make prohibition order
550. Limitation on making prohibition order
551. Amendment or revocation of prohibition order
552. Contravention of prohibition order
Division 7--Compensation orders
553. Court may make compensation order
554. Assessment of compensation
555. Use of certificates in assessing compensation
556. Limits on amount of compensation
557. Costs
558. Enforcement of compensation order and costs
559. Relationship with orders or awards of other courts and tribunals
Part 10.4 Provisions about liability
Division 1--Reasonable steps defence
560. Reasonable steps defence
Division 2--Matters relating to reasonable steps
561. Application of Div 2
562. Matters court may consider for deciding whether person took all reasonable steps—mass, dimension or loading offences
563. Reliance on container weight declaration—offences about mass
564. Matters court may consider for deciding whether person took all reasonable steps—speeding or fatigue management offences
565. When particular persons regarded to have taken all reasonable steps—speeding or fatigue management offences
566. Regulation for s 565
567. Proof of compliance with registered industry code of practice
568. Inclusion of reasonable diligence
Division 3--Other defences
569. Definition for Div 3
570. Defence for owner or operator of vehicle if offence committed while vehicle used by unauthorised person
571. Defence for driver of vehicle subject to a deficiency
Division 4--Other provisions about liability
572. Deciding whether person ought reasonably to have known something
573. Multiple offenders
574. Multiple offences
575. Responsibility for acts or omissions of representative
576. Liability of executive officers of corporation
577. Treatment of unincorporated local government authorities
578. Treatment of partnerships
579. Treatment of unincorporated bodies
580. Liability of registered operator

CHAPTER 11--REVIEWS AND APPEALS
Part 11.1 Preliminary

581. Definitions for Ch 11
Part 11.2 Internal review
582. Applying for internal review
583. Stay of reviewable decisions made by Regulator or authorised officer
584. Referral of applications for review of decisions made by road managers
585. Internal review
586. Review decision
587. Notice of review decision
Part 11.3 Appeals
588. Appellable decisions
589. Stay of review decision
590. Powers of relevant appeal body on appeal
591. Effect of decision of relevant appeal body on appeal

CHAPTER 12--ADMINISTRATION
Part 12.1 Responsible Ministers

592. Policy directions
593. Referral of matters etc. by responsible Minister
594. Approved guidelines for exemptions, authorisations, permits and other authorities
595. Other approvals
596. How responsible Ministers exercise functions
Part 12.2 National Heavy Vehicle Regulator
Division 1--Establishment, functions and powers
597. Establishment of National Heavy Vehicle Regulator
598. Status of Regulator
599. General powers of Regulator
600. Functions of Regulator
601. Cooperation with participating jurisdictions and Commonwealth
602. Delegation
Division 2--Governing board of Regulator
Subdivision 1--Establishment and functions
603. Establishment of National Heavy Vehicle Regulator Board
604. Membership of Board
605. Functions of Board
Subdivision 2--Members
606. Terms of office of members
607. Remuneration
608. Vacancy in office of member
609. Board member to give responsible Ministers notice of certain events
610. Extension of term of office during vacancy in membership
611. Members to act in public interest
612. Disclosure of conflict of interest
Subdivision 3--Meetings
613. General procedure
614. Quorum
615. Chief executive officer may attend meetings
616. Presiding member
617. Voting
618. Minutes
619. First meeting
620. Defects in appointment of members
Subdivision 4--Committees
621. Committees
Division 3--Chief executive officer
622. Chief executive officer
623. Functions of chief executive officer
624. Delegation by chief executive officer
Division 4--Staff
625. Staff
626. Staff seconded to Regulator
627. Consultants and contractors
Part 12.3 Miscellaneous
Division 1--Finance
628. National Heavy Vehicle Regulator Fund
629. Payments into Fund
630. Payments out of Fund
631. Investment by Regulator
632. Financial management duties of Regulator
Division 2--Reporting and planning arrangements
633. Annual report
634. Other reports
635. Corporate plans
Division 3--Oversight of the Regulator and Board
636. Application of particular Queensland Acts to this Law
Division 4--Provisions relating to persons exercising functions under Law
637. General duties of persons exercising functions under this Law
638. Protection from personal liability for persons exercising functions under this Law

CHAPTER 13--GENERAL
Part 13.1 General offences
Division 1--Offence about discrimination or victimisation

639. Discrimination against or victimisation of employees
640. Order for damages or reinstatement
Division 2--Offences about false or misleading information
641. False or misleading statements
642. False or misleading documents
643. False or misleading information given by responsible person to another responsible person
644. Offence to falsely represent that heavy vehicle authority is held etc.
Part 13.2 Industry codes of practice
645. Guidelines for industry codes of practice
646. Registration of industry codes of practice
Part 13.3 Legal proceedings
Division 1--Proceedings
647. Proceedings for offences
Division 2--Evidence
648. Proof of appointments unnecessary
649. Proof of signatures unnecessary
650. Averments
651. Evidence by certificate by Regulator generally
652. Evidence by certificate by road authority
653. Evidence by certificate by Regulator about matters stated in or worked out from records
654. Evidence by certificate by authorised officer about instruments
655. Challenging evidence by certificate
656. Evidence by record about mass
657. Manufacturer's statements
658. Measurement of weight on tyre
659. Transport and journey documentation
660. Evidence not affected by nature of vehicle
661. Certificates of TCA
662. Approved intelligent transport system
663. Reports and statements made by approved intelligent transport system
664. Documents produced by an approved electronic recording system
665. Statement by person involved with use or maintenance of approved electronic recording system
Part 13.4 Protected information
666. Definitions for Pt 13.4
667. Duty of confidentiality
668. Protected information only to be used for authorised use
Part 13.5 National regulations
669. National regulations
670. Publication of national regulations
Part 13.6 Other
671. Approved forms
672. Penalty at end of provision
673. Service of documents
674. Service by post
675. Fees
676. Recovery of amounts payable under Law
677. Contracting out prohibited
678. Other powers not affected

CHAPTER 14--SAVINGS AND TRANSITIONAL PROVISIONS

679. Responsible Ministers
680. Exercise of powers by Board between enactment and commencement
SCHEDULE 1 -- MISCELLANEOUS PROVISIONS RELATING TO INTERPRETATION
Part 1--Preliminary
1. Displacement of Schedule by contrary intention
Part 2--General
2. Law to be construed not to exceed legislative power of Parliament
3. Every section to be a substantive enactment
4. Material that is, and is not, part of this Law
5. References to particular Acts and to enactments
6. References taken to be included in Law or Act citation etc.
7. Interpretation best achieving Law's purpose or object
8. Use of extrinsic material in interpretation
9. Effect of change of drafting practice
10. Use of examples
11. Compliance with forms
Part 3--Terms and references
12. Definitions
13. Provisions relating to defined terms and gender and number
14. Meaning of 'may' and 'must'
15. Words and expressions used in statutory instruments
16. Effect of express references to bodies corporate and individuals
17. Production of records kept in computers etc.
18. References to this jurisdiction to be implied
19. References to officers and holders of offices
20. Reference to certain provisions of Law
21. Reference to provisions of this Law or an Act is inclusive
Part 4--Functions and powers
22. Exercise of statutory functions
23. Power to make instrument or decision includes power to amend or repeal
24. Matters for which statutory instruments may make provision
25. Presumption of validity and power to make
26. Appointments may be made by name or office
27. Acting appointments
28. Powers of appointment imply certain incidental powers
29. Delegation of functions
30. Exercise of powers between enactment and commencement
Part 5--Distance, time and age
31. Matters relating to distance, time and age
Part 6--Effect of repeal, amendment or expiration
32. Time of Law ceasing to have effect
33. Repealed Law provisions not revived
34. Saving of operation of repealed Law provisions
35. Continuance of repealed provisions
36. Law and amending Acts to be read as one
Part 7--Instruments under Law
37. Schedule applies to statutory instruments
Part 8--Application to coastal waters
38. Application
SCHEDULE 2 -- SUBJECT MATTER FOR CONDITIONS OF MASS OR DIMENSION AUTHORITIES
SCHEDULE 3 -- REVIEWABLE DECISIONS

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