HEAVY VEHICLE NATIONAL LAW AMENDMENT ACT 2013 NO. 4

Queensland Numbered Acts

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HEAVY VEHICLE NATIONAL LAW AMENDMENT ACT 2013 NO. 4

TABLE OF PROVISIONS

Contents
Part 1--Preliminary
1. Short title
2. Commencement
Part 2--Amendment of Heavy Vehicle National Law Act 2012
3. Act amended
4. Insertion of new s 2A
5. Amendment of pt 2 (Adoption of Heavy Vehicle National Law)
6. Amendment of s 5 (Exclusion of legislation of this jurisdiction)
7. Amendment of s 13 (Police officers who are authorised officers)
8. Amendment of s 17 (Parliamentary scrutiny of national regulations)
9. Renumbering of ss 18 and 19
10. Insertion of new pt 4, divs 1 to 4 and div 5, hdg
11. Insertion of new pts 5 and 6
12. Replacement of 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
15. References to categories of heavy vehicles
Part 1.3 Application and operation of Law
16. Extraterritorial operation of Law
17. Law binds the State
18. Relationship with primary work health and safety laws
Part 1.4 Performance based standards
19. Main purpose of this Part
20. Notification to road authority of PBS design approval
21. Notification by responsible Minister of non-application or restricted application of PBS design approval
22. Application for PBS design approval
23. Application for PBS vehicle approval
24. Exemption from stated vehicle standards
25. Authorisation of different mass or dimension requirement
26. National regulations

CHAPTER 2--REGISTRATION
Part 2.1 Preliminary

27. Main purpose of Ch 2
Part 2.2 Registration scheme
Division 1--Preliminary
28. Scheme for registration of heavy vehicles
29. Registration not evidence of title
Division 2--Requirement for heavy vehicle to be registered
30. Registration requirement
Division 3--Authorised use of unregistered heavy vehicle
31. Purpose of Div 3
32. Unregistered heavy vehicle on journey for obtaining registration
33. Unregistered heavy vehicle temporarily in Australia
34. Unregistered heavy vehicle used for short term only
35. Unregistered heavy vehicle used locally only
36. Unregistered heavy vehicle that is an agricultural vehicle
37. Unregistered heavy vehicle being towed
38. Unregistered heavy vehicle to which exemption under Div 4 applies
39. Driver to carry proof of compliance with third party insurance legislation
Division 4--Exemption from requirement to be registered
Subdivision 1--Exemption by Regulator
40. Regulator's power to exempt category of heavy vehicles from requirement to be registered
41. Restriction on grant of registration exemption
42. Conditions of registration exemption
43. Period for which registration exemption applies
44. Requirements about Commonwealth Gazette notice
45. Amendment or cancellation of registration exemption
46. Immediate suspension
Subdivision 2--Exemption by national regulations
47. National regulations exempting heavy vehicles from requirement to be registered
Part 2.3 Vehicle register
48. Vehicle register
Part 2.4 Other provisions relating to registration
49. Ownership of registration items
50. Obtaining registration or registration items by false statements etc.
51. Replacement and recovery of certain registration items
52. Verification of particular records
Part 2.5 Written-off and wrecked heavy vehicles
53. Purpose of Pt 2.5
54. Definitions for Pt 2.5
55. Written-off and wrecked heavy vehicles register
Part 2.6 Other provisions
56. Regulator may specify GCM in particular circumstances
57. Regulator may specify GVM in particular circumstances

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 standard
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 standard
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 by permit holder
76. Amendment or cancellation of vehicle standards exemption (permit) on Regulator's initiative
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 (notice)
83. Keeping copy of permit while driving under vehicle standards exemption (permit)
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
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 heavy vehicle
92. Display of warning signs required by heavy vehicle standards on vehicles to which the requirement does not apply
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 requirement
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 with mass or dimension requirement
118. Restriction on grant of mass or dimension exemption (notice)
119. Conditions of mass or dimension exemption (notice)
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 with mass or dimension requirement
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 vehicle
131. Using pilot vehicle with a heavy vehicle that contravenes certain conditions of mass or dimension exemption
132. Keeping relevant document while driving under mass or dimension exemption (notice)
133. Keeping copy of permit while driving under mass or dimension exemption (permit)
Division 5--Other provision
134. 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
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 class 2 heavy vehicles
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) applies
142. Requirements about Commonwealth Gazette notice etc.
Division 4--Authorisation by permit
143. Regulator's power to authorise use of a particular class 2 heavy vehicle
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) applies
148. Permit for class 2 heavy vehicle authorisation (permit) etc.
149. Refusal of application for class 2 heavy vehicle authorisation (permit)
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 (notice)
152. Keeping copy of permit while driving under class 2 heavy vehicle authorisation (permit)
153. Keeping copy of PBS vehicle approval while driving under class 2 heavy vehicle authorisation
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. 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 refuses to give consent
164. Information notice for imposition of road conditions requested by road manager
165. Information notice for imposition of travel conditions requested by road manager
166. Information notice for decision to refuse application because road manager did not give consent
167. Expedited procedure for road manager's consent for renewal of mass or dimension authority
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 limited consent
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
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 4.8 Extended liability
183. Liability of employer etc. for contravention of mass, dimension or loading requirement
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
Division 5--Other offences
193. Weight of freight container exceeding weight stated on container or safety approval plate
194. Conduct of consignee resulting or potentially resulting in contravention of mass, dimension or loading requirement
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 weight declaration
199. Recovery of losses for provision of inaccurate container weight declaration
200. Recovery by responsible entity of amount paid under s 199
201. Assessment of monetary value or attributable amount

CHAPTER 5--VEHICLE OPERATIONS—SPEEDING
Part 5.1 Preliminary

202. Main purpose of Ch 5
203. Outline of the main features of Ch 5
Part 5.2 Particular duties and offences
Division 1--Employers, prime contractors and operators
204. Duty of employer, prime contractor or operator to ensure business practices will not cause driver to exceed speed limit
205. Duty of employer not to cause driver to drive if particular requirements not complied with
206. Duty of prime contractor or operator not to cause driver to drive if particular requirements not complied with
Division 2--Schedulers
207. Duty to ensure driver's schedule will not cause driver to exceed speed limit
208. Duty not to cause driver to drive if particular requirements not complied with
Division 3--Loading managers
209. Duty to ensure loading arrangements will not cause driver to exceed speed limit
Division 4--Particular consignors and consignees
210. Consignors to whom Div 4 applies
211. Consignees to whom Div 4 applies
212. Duty to ensure terms of consignment will not cause driver to exceed speed limit etc.
213. Duty not to make a demand that may result in driver exceeding the speed limit
Division 5--Particular requests etc. and contracts etc. prohibited
214. Who is a party in the chain of responsibility
215. Particular requests etc. prohibited
216. Particular contracts etc. prohibited
Division 6--Provisions about offences against this Part
217. Objective reasonableness test to be used in deciding causation
218. Commission of speeding offence is irrelevant to Pt 5.2 prosecution
Part 5.3 Extended liability
219. Liability of employer etc. for speeding offence

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 impaired by fatigue
227. Who is a party in the chain of responsibility
Division 2--Duty to avoid and prevent fatigue
228. Duty of driver to avoid driving while fatigued
229. Duty of party in the chain of responsibility to prevent driver driving while fatigued
Division 3--Additional duties of employers, prime contractors and operators
230. Duty of employer, prime contractor or operator to ensure business practices will not cause driver to drive while fatigued etc.
231. Duty of employer not to cause driver to drive if particular requirements not complied with
232. Duty of prime contractor or operator not to cause driver to drive if particular requirements not complied with
Division 4--Additional duties of schedulers
233. Duty to ensure driver's schedule will not cause driver to drive while fatigued etc.
234. Duty not to cause driver to drive if particular requirements not complied with
Division 5--Additional duties of consignors and consignees
235. Duty to ensure terms of consignment will not cause driver to drive while fatigued etc.
236. Duty not to cause driver to drive if particular requirements not complied with
237. Duty not to make a demand that may result in driver driving while fatigued etc.
Division 6--Additional duties of loading managers
238. Duty to ensure loading arrangements will not cause driver to drive while fatigued etc.
239. Duty to ensure drivers can rest in particular circumstances
Division 7--Particular requests etc. and contracts etc. prohibited
240. Particular requests etc. prohibited
241. Particular contracts etc. prohibited
Division 8--Provisions about offences against this Part
242. Objective reasonableness test to be used in deciding causation
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
247. Time to be counted after rest time ends
248. Time to be counted by reference to time zone of driver's base
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 hours
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 split rest breaks
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 6--Extended liability
261. Liability of employer etc. for driver's contravention of maximum work requirement or minimum rest requirement
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 compliance
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 and minimum rest 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 minimum rest requirements
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 permit holder
281. Amendment or cancellation of work and rest hours exemption (permit) on Regulator's initiative
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 (notice)
288. Keeping copy of permit while driving under work and rest hours exemption (permit)
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 must notify Regulator if electronic work diary filled up etc.
308. What driver must do if lost or stolen written work diary found or returned
309. Driver must notify record keeper if electronic work diary filled up etc.
310. Intelligent access reporting entity must notify record keeper if approved electronic recording system malfunctioning
311. What record keeper must do if electronic work diary filled up
312. What record keeper must do if electronic work diary destroyed, lost or stolen
313. What record keeper must do if electronic work diary not in working order or malfunctioning
Subdivision 5--Use of electronic work diaries
314. How electronic work diary must be used
Subdivision 6--Extended liability
315. Liability of employer etc. for driver's contravention of particular requirements of this Division
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
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 keeper
323. Requirements about driver giving information to record keeper if driver changes record keeper
324. Record keeper must give printouts of information from electronic work diary
Division 4--Provisions about false representations relating to work records
325. False or misleading entries
326. Keeping 2 work diaries simultaneously prohibited
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 it
337. Intelligent access reporting entity must not permit tampering with approved electronic recording system
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--Provisions about electronic work diary labels
347. Placing electronic work diary label on device
348. Particular label indicates device is an approved electronic recording system
349. Effect of electronic work diary label on device
350. 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
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 requirements
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 requirement
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 holder
371. Amendment or cancellation of work diary exemption (permit) on Regulator's initiative
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 exemption (notice)
377. Keeping permit or copy while operating under work diary exemption (permit)
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 keeping requirements
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 (notice)
Subdivision 2--Exemptions by permit
383. Regulator's power to exempt record keepers from fatigue record keeping requirements
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 (permit)
389. Amendment or cancellation of fatigue record keeping exemption (permit) on application by permit holder
390. Amendment or cancellation of fatigue record keeping exemption (permit) on Regulator's initiative
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 vehicles
404. Offence to give false or misleading information to intelligent access service provider
405. Advising vehicle driver of collection of information by intelligent access service provider
406. Reporting system malfunctions to Regulator
407. Advising driver of driver's obligations about reporting system malfunctions
Part 7.3 Obligations of drivers of intelligent access vehicles
408. Reporting system malfunctions to operator
Part 7.4 Powers, duties and obligations of intelligent access service providers
409. Powers to collect and hold intelligent access information
410. Collecting intelligent access information
411. Keeping records of intelligent access information collected
412. Protecting intelligent access 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 information
417. Giving intelligent access auditor access to records
418. Powers to use and disclose intelligent access information
419. Keeping record of use or disclosure of intelligent access information
420. Keeping noncompliance report etc.
421. Destroying intelligent access information etc.
422. Reporting relevant contraventions to Regulator
423. Reporting tampering or suspected tampering with approved intelligent transport system
424. Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system
Part 7.5 Functions, powers, duties and obligations of TCA
425. Functions of TCA
426. Powers to collect and hold intelligent access information
427. Collecting intelligent access information
428. Protecting intelligent access 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 information
433. Powers to use and disclose intelligent access information
434. Restriction about intelligent access information that may be used or disclosed
435. Keeping record of use or disclosure of intelligent access information
436. Keeping noncompliance reports
437. Destroying intelligent access information or removing personal information from it
438. Reporting tampering or suspected tampering with, or malfunction or suspected malfunction of, approved intelligent transport system to Regulator
439. 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
440. Powers to collect and hold intelligent access information
441. Collecting intelligent access information
442. Protecting intelligent access 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 information
447. Powers to use and disclose intelligent access information
448. Restriction about intelligent access information that may be used or disclosed
449. Keeping record of use or disclosure of intelligent access information
450. Destroying intelligent access information or removing personal information from it
451. Reporting contraventions by intelligent access service providers to TCA
452. Reporting tampering or suspected tampering with approved intelligent transport system to Regulator or TCA
453. Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system
Part 7.7 Other provisions
454. Offence to tamper with approved intelligent transport system
455. Regulator may issue intelligent access 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 accreditation
Part 8.3 Operating under heavy vehicle accreditation
467. Compliance with conditions of BFM accreditation or AFM accreditation
468. Driver must carry accreditation details
469. Driver must return particular documents if stops operating under accreditation etc.
470. General requirements applying to operator with heavy vehicle accreditation
471. Operator must give notice of amendment, suspension or ending of heavy vehicle accreditation
Part 8.4 Amendment or cancellation of heavy vehicle accreditation
472. Amendment or cancellation of heavy vehicle accreditation on application
473. Amendment, suspension or cancellation of heavy vehicle accreditation on Regulator's initiative
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 document
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 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, injury or damage
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 other powers
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 to be involved, in an offence etc.
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
529. Using defective heavy vehicles contrary to vehicle defect notice
530. Clearance of vehicle defect notices
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 requirement
534. Powers for substantial risk breach of mass, dimension or loading requirement
535. Powers for severe risk breach of mass, dimension or loading requirement
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 requirement
539. Requiring driver to rest for contravention of minimum rest requirement
540. Requiring driver to stop working if impaired by fatigue
541. Requiring driver to stop working if work diary not produced or unreliable
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 or warrant
546. Seizing evidence at a place that may be entered only with consent or warrant
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 Regulator
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 driver's possession
569. Power to require production of documents etc. generally
570. Power to require information about heavy vehicles
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 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 diary
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 requirements
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 10.2 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, dimension or loading requirement
595. Court may treat noncompliance with mass, dimension or loading requirement as a different risk category
Division 2--Provisions about imposing fines
596. Body corporate fines under penalty provision
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 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 person
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 1--Reasonable steps defence
618. Reasonable steps defence
Division 2--Matters relating to reasonable steps
619. Application of Div 2
620. Matters court may consider for deciding whether person took all reasonable steps—mass, dimension or loading offences
621. Reliance on container weight declaration—offences about mass
622. Matters court may consider for deciding whether person took all reasonable steps—speeding or fatigue management offences
623. When particular persons regarded to have taken all reasonable steps—speeding or fatigue management offences
624. Regulation for s 623
625. Proof of compliance with registered industry code of practice
Division 3--Other defences
626. Definition for Div 3
627. Defence for owner or operator of vehicle if offence committed while vehicle used by unauthorised person
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
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 officer
643. Referral of applications for review of decisions made by road managers
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 other authorities
654. Other approvals
655. How responsible Ministers exercise functions
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 events
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 12.3 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 Regulator's or Board's functions under this Law

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 another responsible person
704. Offence to falsely represent that heavy vehicle authority is held etc.
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. Proceedings for offences
Division 2--Evidence
708. Proof of appointments unnecessary
709. Proof of signatures unnecessary
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 records
714. Evidence by certificate by authorised officer about instruments
715. Challenging evidence by certificate
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 system
725. Documents produced by an approved electronic recording system
726. Statement by person involved with use or maintenance of approved electronic recording system
Part 13.4 Protected information
727. Definitions for Pt 13.4
728. Duty of confidentiality
729. Protected information only to be used for authorised use
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 Territories
733. Publication of national regulations
734. Scrutiny of national regulations
Part 13.6 Other
735. Approved forms
736. Penalty at end of provision
737. Increase of penalty amounts
738. Service of documents
739. Service by post
740. Fees
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 former legislation
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
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
Part 1--Decisions of Regulator
Part 2--Decisions of authorised officers
Part 3--Decisions of relevant road managers
SCHEDULE 4 -- PROVISIONS SPECIFIED FOR LIABILITY OF EXECUTIVE OFFICERS FOR OFFENCES BY CORPORATIONS

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