Queensland Numbered Acts

HEAVY VEHICLE NATIONAL LAW AMENDMENT ACT 2013 No. 4 - SECT 173

(1) It is a ground for amending or cancelling a mass or dimension authority granted by Commonwealth Gazette notice if the use of heavy vehicles on a road under the authority has caused, or is likely to cause, a significant risk to public safety.

(2) If the Regulator considers a ground exists to amend or cancel the mass or dimension authority, the Regulator may amend or cancel the authority by complying with subsections (3) to (5).

(3) The Regulator must publish a notice in the Commonwealth Gazette, in a newspaper circulating generally throughout each relevant participating jurisdiction and on the Regulator's website—

(a) stating that the Regulator believes a ground exists to amend or cancel the authority; and

(b) outlining the facts and circumstances forming the basis for the belief; and

(c) stating the action the Regulator is proposing to take under this section (the proposed action); and

(d) inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.

(4) If, after considering all written representations made under subsection (3)(d), the Regulator still considers a ground exists to take the proposed action, the Regulator may—

(a) if the proposed action was to amend the mass or dimension authority—amend the authority in a way that is not substantially different from the proposed action, including, for example, by—

(i) amending the areas or routes to which the authority applies; or

(ii) amending the days or hours to which the authority applies; or

(iii) imposing additional vehicle conditions on the authority; or

(b) if the proposed action was to cancel the mass or dimension authority—

(i) amend the authority, including, for example, as mentioned in paragraph (a)(i), (ii) or (iii); or

(ii) cancel the authority.

(5) Notice of the amendment or cancellation must be published—

(a) in—

(i) the Commonwealth Gazette; and

(ii) a newspaper circulating generally throughout each relevant participating jurisdiction; and

(b) on the Regulator's website; and

(c) in any other newspaper the Regulator considers appropriate.

Example for the purposes of paragraph (c)—

If the mass or dimension authority relates to a particular part of a participating jurisdiction, the Regulator may consider it appropriate to publish the notice in a newspaper circulating generally in the part.

(6) The amendment or cancellation takes effect—

(a) 28 days after the Commonwealth Gazette notice is published under subsection (5); or

(b) if a later time is stated in the Commonwealth Gazette notice, at the later time.

(7) In this section—

relevant participating jurisdiction, for a mass or dimension authority, means a participating jurisdiction in which the whole or part of an area or route to which the authority applies is situated.