Queensland Numbered Acts

HEAVY VEHICLE NATIONAL LAW AND OTHER LEGISLATION AMENDMENT ACT 2016

- As at 9 December 2016
- Act 65 of 2016

TABLE OF PROVISIONS

CHAPTER 1 - PRELIMINARY

   1.      Short title
   2.      Commencement

CHAPTER 2 - RESPONSIBILITY AMENDMENTS

   PART 1 - AMENDMENT OF HEAVY VEHICLE NATIONAL LAW ACT 2012

   3.      Act amended
   4.      Amendment of s 10 (Relevant tribunal or court)
   5.      Omission of s 16 (Offences for which the persons charged do not have the benefit of the mistake of fact defence)

   PART 2 - AMENDMENT OF HEAVY VEHICLE NATIONAL LAW

   6.      Law amended
   7.      Amendment of s 5 (Definitions)
   8.      Omission of s 14 (References to mistake of fact defence)
   9.      Amendment of s 18 (Relationship with primary work health and safety laws)
   10.     Insertion of new Ch 1A
   11.     Amendment of s 33 (Unregistered heavy vehicle temporarily in Australia)
   12.     Amendment of s 50 (Obtaining registration or registration items by false statements etc.)
   13.     Amendment of s 82 (Keeping relevant document while driving under vehicle standards exemption (notice))
   14.     Amendment of s 83 (Keeping copy of permit while driving under vehicle standards exemption (permit))
   15.     Amendment of s 91 (Person must not tamper with emission control system fitted to heavy vehicle)
   16.     Amendment of s 93 (Person must not tamper with speed limiter fitted to heavy vehicle)
   17.     Amendment of s 96 (Compliance with mass requirements)
   18.     Amendment of s 102 (Compliance with dimension requirements)
   19.     Amendment of s 111 (Compliance with loading requirements)
   20.     Amendment of s 130 (Contravening condition of mass or dimension exemption relating to pilot or escort vehicle)
   21.     Amendment of s 132 (Keeping relevant document while driving under mass or dimension exemption (notice))
   22.     Amendment of s 133 (Keeping copy of permit while driving under mass or dimension exemption (permit))
   23.     Amendment of s 151 (Keeping relevant document while driving under class 2 heavy vehicle authorisation (notice))
   24.     Amendment of s 152 (Keeping copy of permit while driving under class 2 heavy vehicle authorisation (permit))
   25.     Amendment of s 153 (Keeping copy of PBS vehicle approval while driving under class 2 heavy vehicle authorisation)
   26.     Omission of Pt 4.8 (Extended liability)
   27.     Amendment of s 186 (False or misleading transport documentation for goods)
   28.     Amendment of s 187 (False or misleading information in container weight declaration)
   29.     Amendment of s 190 (Duty of responsible entity)
   30.     Amendment of s 191 (Duty of operator)
   31.     Amendment of s 192 (Duty of driver)
   32.     Amendment of s 193 (Weight of freight container exceeding weight stated on container or safety approval plate)
   33.     Omission of s 194 (Conduct of consignee resulting or potentially resulting in contravention of mass, dimension or loading requirement)
   34.     Amendment of s 199 (Recovery of losses for provision of inaccurate container weight declaration)
   35.     Omission of Ch 5 (Vehicle operations—speeding)
   36.     Amendment of s 221 (Definitions for Ch 6)
   37.     Omission of s 227 (Who is a party in the chain of responsibility)
   38.     Amendment of Pt 6.2, Div 2, hdg (Duty to avoid and prevent fatigue)
   39.     Omission of s 229 (Duty of party in the chain of responsibility to prevent driver driving while fatigued)
   40.     Omission of Pt 6.2, Divs 3–8
   41.     Amendment of s 250 (Operating under standard hours—solo drivers)
   42.     Amendment of s 251 (Operating under standard hours—two-up drivers)
   43.     Amendment of s 254 (Operating under BFM hours—solo drivers)
   44.     Amendment of s 256 (Operating under BFM hours—two-up drivers)
   45.     Amendment of s 258 (Operating under AFM hours)
   46.     Amendment of s 260 (Operating under exemption hours)
   47.     Omission of Pt 6.3, Div 6 (Extended liability)
   48.     Amendment of s 263 (Operating under new work and rest hours option after change)
   49.     Amendment of s 264 (Duty of employer, prime contractor, operator and scheduler to ensure driver compliance)
   50.     Amendment of s 287 (Keeping relevant document while operating under work and rest hours exemption (notice))
   51.     Amendment of s 288 (Keeping copy of permit while driving under work and rest hours exemption (permit))
   52.     Amendment of s 311 (What record keeper must do if electronic work diary filled up)
   53.     Amendment of s 312 (What record keeper must do if electronic work diary destroyed, lost or stolen)
   54.     Amendment of s 313 (What record keeper must do if electronic work diary not in working order or malfunctioning)
   55.     Replacement of s 315 (Liability of employer etc. for driver’s contravention of particular requirements of this Division)
   56.     Amendment of s 319 (Records record keeper must have)
   57.     Amendment of s 321 (Records record keeper must have)
   58.     Amendment of s 322 (General requirements about driver giving information to record keeper)
   59.     Amendment of s 323 (Requirements about driver giving information to record keeper if driver changes record keeper)
   60.     Amendment of s 324 (Record keeper must give information from electronic work diary)
   61.     Amendment of s 325 (False or misleading entries)
   62.     Amendment of s 335 (Person must not tamper with approved electronic recording system)
   63.     Amendment of s 336 (Person using approved electronic recording system must not permit tampering with it)
   64.     Amendment of s 336A (Reporting tampering or suspected tampering with electronic work diary)
   65.     Amendment of s 337 (Intelligent access reporting entity must not permit tampering with approved electronic recording system)
   66.     Amendment of s 341 (Period for which, and way in which, records must be kept)
   67.     Amendment of s 376 (Keeping relevant document while operating under work diary exemption (notice))
   68.     Amendment of s 396 (Owner must maintain odometer)
   69.     Amendment of s 398 (What owner must do if odometer malfunctioning)
   70.     Amendment of s 399 (What employer or operator must do if odometer malfunctioning)
   71.     Amendment of s 404 (Offence to give false or misleading information to intelligent access service provider)
   72.     Amendment of s 405 (Advising vehicle driver of collection of information by intelligent access service provider)
   73.     Amendment of s 407 (Advising driver of driver’s obligations about reporting system malfunctions)
   74.     Amendment of s 410 (Collecting intelligent access information)
   75.     Amendment of s 412 (Protecting intelligent access information)
   76.     Amendment of s 421 (Destroying intelligent access information etc.)
   77.     Amendment of s 427 (Collecting intelligent access information)
   78.     Amendment of s 428 (Protecting intelligent access information collected)
   79.     Amendment of s 437 (Destroying intelligent access information or removing personal information from it)
   80.     Amendment of s 441 (Collecting intelligent access information)
   81.     Amendment of s 442 (Protecting intelligent access information collected)
   82.     Amendment of s 450 (Destroying intelligent access information or removing personal information from it)
   83.     Amendment of s 459 (Application for heavy vehicle accreditation)
   84.     Amendment of s 468 (Driver operating under BFM accreditation or AFM accreditation must carry accreditation details)
   85.     Amendment of s 518 (Moving unattended heavy vehicle on road to exercise another power)
   86.     Amendment of s 556 (Return of seized things or samples)
   87.     Amendment of s 557 (Power to issue embargo notice)
   88.     Amendment of s 558 (Noncompliance with embargo notice)
   89.     Amendment of s 569 (Power to require production of documents etc. generally)
   90.     Amendment of s 570 (Power to require information about heavy vehicles)
   91.     Insertion of new s 570A
   92.     Amendment of s 578 (Duty to minimise inconvenience or damage)
   93.     Amendment of s 579 (Restoring damaged thing)
   94.     Amendment of s 588 (Evidential immunity for individuals complying with particular requirements)
   95.     Amendment of s 590 (Formal warning)
   96.     Insertion of new Pt 10.1A
   97.     Amendment of s 592 (Recording information about infringement penalties)
   98.     Amendment of s 611 (Court may make compensation order)
   99.     Omission of Pt 10.4, Divs 1 and 2
   100.    Replacement of Pt 10.4, Div 3, hdg (Other defences)
   101.    Insertion of new s 632A
   102.    Amendment of s 634 (Multiple offences)
   103.    Amendment of s 636 (Liability of executive officers of corporation)
   104.    Amendment of s 637 (Treatment of unincorporated partnerships)
   105.    Amendment of s 638 (Treatment of other unincorporated bodies)
   106.    Amendment of s 701 (False or misleading statements)
   107.    Amendment of s 702 (False or misleading documents)
   108.    Replacement of s 707 (Proceedings for offences)
   109.    Amendment of s 710 (Averments)
   110.    Insertion of new s 726A
   111.    Insertion of new s 735A
   112.    Amendment of s 742 (Contracting out prohibited)
   113.    Replacement of Sch 4 (Provisions specified for liability of executive officers for offences by corporations)

CHAPTER 3 - MAINTENANCE AMENDMENTS

   PART 1 - AMENDMENT OF HEAVY VEHICLE NATIONAL LAW ACT 2012

   114.    Act amended
   115.    Amendment of s 26 (Amendment or cancellation of mass or dimension exemption (notice) on request by commissioner)

   PART 2 - AMENDMENT OF HEAVY VEHICLE NATIONAL LAW

   116.    Law amended
   117.    Amendment of s 5 (Definitions)
   118.    Amendment of s 45 (Amendment or cancellation of registration exemption)
   119.    Amendment of s 46 (Immediate suspension)
   120.    Amendment of s 66 (Amendment or cancellation of vehicle standards exemption (notice))
   121.    Amendment of s 67 (Immediate suspension on Regulator’s initiative)
   122.    Amendment of s 173 (Amendment or cancellation on Regulator’s initiative)
   123.    Amendment of s 174 (Amendment or cancellation on request by relevant road manager)
   124.    Amendment of s 175 (Immediate suspension)
   125.    Insertion of new s 175A
   126.    Amendment of s 176 (Amendment or cancellation on application by permit holder)
   127.    Amendment of s 180 (Minor amendment of permit for a mass or dimension authority)
   128.    Amendment of s 271 (Amendment or cancellation of work and rest hours exemption (notice))
   129.    Amendment of s 272 (Immediate suspension)
   130.    Amendment of s 362 (Amendment or cancellation of work diary exemption (notice))
   131.    Amendment of s 382 (Amendment or cancellation of fatigue record keeping exemption (notice))
   132.    Amendment of s 457 (Definitions for Ch 8)
   133.    Amendment of s 466 (Accreditation labels for maintenance management accreditation and mass management accreditation)
   134.    Insertion of new ss 531A and 531B
   135.    Amendment of s 586 (Multiple requirements)
   136.    Insertion of new s 655A
   137.    Insertion of new s 740A
   138.    Insertion of new Pt 14.4
   139.    Amendment of various provisions

CHAPTER 4 - AMENDMENT OF TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994

   140.    Act amended
   141.    Insertion of new s 155A
   141A.   Insertion of new ch 12, pt 4
   142.    Insertion of new ch 13, pt 17