South Australian Current Acts South Australian Current ActsSchedule—Heavy Vehicle National Law
Part 1—Introductory matters
1—Short title
This Law may be cited as the Heavy Vehicle National Law .
2—Commencement
This Law commences in a participating jurisdiction as provided by the Act of
that jurisdiction that applies this Law as a law of that jurisdiction.
3—Object of Law
The object of this Law is to establish a national scheme for facilitating and
regulating the use of heavy vehicles on roads in a way that—
(a)
promotes public safety; and
(b)
manages the impact of heavy vehicles on the environment, road infrastructure
and public amenity; and
(c)
promotes industry productivity and efficiency in the road transport of goods
and passengers by heavy vehicles; and
(d)
encourages and promotes productive, efficient, innovative, and safe business
practices.
4—Regulatory framework to achieve object
The object of this Law is to be achieved by a regulatory framework that—
(a)
establishes an entity (the National Heavy Vehicle Regulator) with functions
directed at ensuring the object is achieved; and
(b)
provides for a database of heavy vehicles; and
(c)
prescribes requirements about the following:
(i)
the standards heavy vehicles must meet when on roads;
(ii)
the maximum permissible mass and dimensions of heavy
vehicles used on roads;
(iii)
securing and restraining loads on heavy vehicles used on
roads;
(iv)
preventing drivers of heavy vehicles exceeding speed
limits;
(v)
preventing drivers of heavy vehicles from driving while
fatigued; and
(d)
imposes duties and obligations directed at ensuring heavy vehicles and drivers
of heavy vehicles comply with requirements mentioned in paragraph (c)(i)
to (v) on persons whose activities may influence whether the vehicles or
drivers comply with the requirements; and
(e)
includes measures directed at the matters mentioned in section 3(c) and
(d) by allowing improved access to roads in certain circumstances, including
by—
(i)
allowing heavy vehicles, that would otherwise be
prevented from being used on roads, access to the roads through exemptions or
authorisations granted in circumstances in which the matters mentioned in
section 3(a) and (b) will not be compromised; and
(ii)
providing for accreditation schemes allowing operators of
heavy vehicles who adopt best practices directed at the matters mentioned in
section 3 to be subject to alternative requirements more suited to the
operators' business operations.
Part 2—Interpretation
5—Definitions
In this Law—
100km work , for the purposes of Chapter 6, has the meaning given by
section 289(1);
100+km work , for the purposes of Chapter 6, has the meaning given by
section 289(2);
accreditation certificate means—
(a) for
a heavy vehicle accreditation granted under this Law—the accreditation
certificate given for the accreditation under section 464; or
(b) for
a heavy vehicle accreditation granted under another law of a participating
jurisdiction—the certificate of accreditation (however called) issued
for the accreditation under that law;
ADR means—
(a) a
third edition ADR; or
(b) a
second edition ADR;
advice purposes means providing advice, information and education to persons
with duties or obligations under this Law about compliance with the duties or
obligations;
AFM accreditation means—
(a) AFM
accreditation granted under section 458; or
(b)
accreditation of a similar kind under another law of a participating
jurisdiction;
AFM fatigue management system , for the purposes of Chapter 6 and
Chapter 8, has the meaning given by section 457;
AFM hours , for the purposes of Chapter 6 and Chapter 8, has the
meaning given by section 257;
AFM standards and business rules , for the purposes of Chapter 8, has the
meaning given by section 457;
agricultural implement means a vehicle without its own automotive power, built
to perform agricultural tasks, and includes an agricultural trailer;
Examples—
• auger
• conveyor
• field bin
• harvester
front
• irrigating
equipment or machinery
agricultural machine means a vehicle with its own automotive power, built to
perform agricultural tasks;
Examples—
harvester, tractor
agricultural task means a task carried out in agriculture;
Examples of an agricultural task—
• cultivating
land
• growing and
harvesting crops
• rearing
livestock
agricultural trailer means a trailer that is designed to carry a load and used
exclusively to perform agricultural tasks, but does not include a semitrailer;
agricultural vehicle means an agricultural implement or agricultural machine;
Application Act , of this jurisdiction, means the Act of this jurisdiction by
which this Law applies as a law of this jurisdiction;
appropriately qualified , for a function, includes having the qualifications,
experience or standing appropriate to exercise the function;
Example of standing—
a person's classification level or position in the public service or a
government agency of a participating jurisdiction
approved , by the responsible Ministers, for the purposes of Chapter 8,
has the meaning given by section 457;
approved auditor , for the purposes of Chapter 8, has the meaning given
by section 457;
approved electronic recording system has the meaning given by
section 221;
approved form means a form approved by the Regulator under section 735;
approved guidelines means guidelines approved by the responsible Ministers
under section 653;
approved intelligent transport system has the meaning given by
section 403;
approved sleeper berth , for the purposes of Chapter 6, has the meaning
given by section 221;
approved vehicle examiner means a person approved as a vehicle examiner under
the national regulations (as referred to in section 731);
articulated bus means a bus with 2 or more rigid sections connected to one
another in a way that allows—
(a)
passenger access between the sections; and
(b)
rotary movement between the sections;
AS means an Australian standard made or published by Standards Australia;
associate , of a person, means—
(a) if
the person is an individual—
(i)
the individual's spouse or de facto partner; or
(ii)
a relative of the individual, whether by blood, spousal
relationship or adoption; or
(iii)
an employee of the individual; or
(iv)
an employee of a corporation of which the individual is
an executive officer; or
(v)
a partner of the individual; or
(vi)
a corporation of which the individual is an executive
officer; or
(vii)
a corporation in which the individual holds a controlling
interest; or
(viii)
a person who is a trustee of a trust of which the
individual is a trustee or beneficiary; or
(ix)
a person who is a beneficiary of a trust of which the
individual is a trustee or beneficiary; or
(x)
a person who is accustomed or under an obligation,
whether formal or informal, to act in accordance with the directions,
instructions or wishes of the individual; or
(xi)
a person who is an associate of someone who is an
associate of the individual; or
(b) if
the person is a corporation—
(i)
an executive officer of the corporation; or
(ii)
an associate of an executive officer of the corporation;
or
(iii)
an employee of the corporation; or
(iv)
a person who holds a controlling interest in the
corporation; or
(v)
a related body corporate, within the meaning of the
Corporations Act 2001 of the Commonwealth, of the corporation; or
(vi)
a person who is an associate of someone who is an
associate of the corporation;
ATM (aggregate trailer mass), of a heavy trailer, means the total maximum mass
of the trailer, as stated by the manufacturer, together with its load and the
mass imposed on the towing vehicle by the trailer when the towing vehicle and
trailer are on a horizontal surface;
Australian Accounting Standards means Accounting Standards issued by the
Australian Accounting Standards Board;
Australian road law means—
(a) this
Law; or
(b)
another law of a State or Territory that regulates the use of vehicles on
roads;
authorised officer means—
(a) a
police officer declared by a law of a participating jurisdiction to be an
authorised officer for the purposes of this Law; or
(b) a
person who holds office under this Law as an authorised officer;
authorised use , for the purposes of Chapter 13 Part 4, has the
meaning given by section 727;
authorised warrant official , for a participating jurisdiction, means an
entity that is declared by a law of that jurisdiction to be an authorised
warrant official for that jurisdiction for the purposes of this Law;
axle means 1 or more shafts positioned in a line across a vehicle, on which 1
or more wheels intended to support the vehicle turn;
axle group means a tandem axle group, twinsteer axle group, tri-axle group or
quad-axle group;
base , of the driver of a heavy vehicle—
(1) The base of the
driver of a heavy vehicle, in relation to particular work—
(a) is
the place from which the driver normally does the work; but
(b) is,
for the purposes of Chapter 6, the garage address of the vehicle
if—
(i)
the vehicle is a fatigue-regulated heavy vehicle; and
(ii)
the driver is required under Chapter 6 Part 4,
in relation to that particular work, to keep a work diary and to record the
location of the driver's base in the work diary, and has not done so.
Note—
The driver of a fatigue-regulated heavy vehicle may not be required under
Chapter 6 Part 4, in relation to particular work, to keep a work
diary and to record the location of the driver's base in the work diary, if,
for example—
• the driver is
undertaking 100km work under standard hours
• the driver is
working under a work diary exemption.
(2) For a driver who
is a self-employed driver and an employed driver at different times, the
driver may have one base as a self-employed driver under paragraph (1)
and another base as an employed driver under that paragraph.
(3) For a driver who
has 2 or more employers, the driver may have a different base in relation to
each employer under paragraph (1).
B-double means a combination consisting of a prime mover towing
2 semitrailers, with the first semitrailer being attached directly to the
prime mover by a fifth wheel coupling and the second semitrailer being mounted
on the rear of the first semitrailer by a fifth wheel coupling on the first
semitrailer;
Typical B-double
B-triple means a combination consisting of a prime mover towing
3 semitrailers, with—
(a) the
first semitrailer being attached directly to the prime mover by a fifth wheel
coupling; and
(b) the
second semitrailer being mounted on the rear of the first semitrailer by a
fifth wheel coupling on the first semitrailer; and
(c) the
third semitrailer being mounted on the rear of the second semitrailer by a
fifth wheel coupling on the second semitrailer;
Typical B-triple
BFM accreditation means—
(a) BFM
accreditation granted under section 458; or
(b)
accreditation of a similar kind under another law of a participating
jurisdiction;
BFM fatigue management system , for the purposes of Chapter 8, has the
meaning given by section 457;
BFM hours , for the purposes of Chapter 6 and Chapter 8, has the
meaning given by section 253;
BFM standards and business rules , for the purposes of Chapter 8, has the
meaning given by section 457;
Board means the National Heavy Vehicle Regulator Board established under
section 662;
body of fatigue knowledge means any accreditation scheme, scientific
knowledge, expert opinion, guidelines, standards or other knowledge about
preventing or managing exposure to risks to safety either on a road or in a
workplace, arising from fatigue;
bus means a heavy motor vehicle built or fitted to carry more than
9 adults (including the driver);
business practices , of a person, means the person's practices in running a
business associated with the use of a heavy vehicle on a road,
including—
(a) the
operating policies and procedures of the business; and
(b) the
human resource and contract management arrangements of the business; and
(c) the
arrangements for preventing or minimising public risks associated with the
person's practices;
cancel , for the purposes of Chapter 6 in relation to an unused daily
sheet in a written work diary, has the meaning given by section 221;
category of heavy vehicles—see section 15;
cause , a thing, includes—
(a)
contribute to causing the thing; and
(b)
encourage the thing;
centre-line , of an axle, means—
(a) for
an axle consisting of 1 shaft—a line parallel to the length of the axle
and passing through its centre; and
(b) for
an axle consisting of 2 shafts—a line in the vertical plane passing
through—
(i)
the centre of both shafts; and
(ii)
the centres of the wheels on the shafts;
class 1 heavy vehicle has the meaning given by section 116(1) and (2);
class 2 heavy vehicle has the meaning given by section 136;
class 2 heavy vehicle authorisation means—
(a) a
class 2 heavy vehicle authorisation (notice); or
(b) a
class 2 heavy vehicle authorisation (permit);
class 2 heavy vehicle authorisation (notice) has the meaning given by
section 138(2);
class 2 heavy vehicle authorisation (permit) has the meaning given by
section 143(2);
class 3 heavy vehicle has the meaning given by section 116(3);
combination means a group of vehicles consisting of a motor vehicle towing
1 or more other vehicles;
Commonwealth Gazette means the Commonwealth of Australia Gazette;
Commonwealth Gazette notice means notice published in the Commonwealth
Gazette;
Commonwealth responsible Minister means the Commonwealth Minister nominated by
the Commonwealth as the responsible Minister for the Commonwealth for the
purposes of this Law;
compensation order has the meaning given by section 611(1);
complaint , for an offence, includes an information, or a complaint, charge,
notice or other process that starts a proceeding for the offence;
compliance purposes means—
(a)
monitoring purposes; or
(b)
investigation purposes;
complying container weight declaration has the meaning given by
section 189;
component , of a heavy vehicle that is a combination, means—
(a)
other than in Chapter 3 Part 3, a component vehicle of the
combination; or
(b) a
component of any component vehicle of the combination;
component vehicle , of a heavy combination, means the towing vehicle or
another vehicle in the combination;
condition includes a restriction;
conduct means an act, an omission to perform an act, or a state of affairs;
consent includes an approval or concurrence;
consign and consignor —
A person consigns goods, and is a consignor of goods, for road transport using
a heavy vehicle, if—
(a) the
person has consented to being, and is, named or otherwise identified as a
consignor of the goods in the transport documentation relating to the road
transport of the goods; or
(b) the
person engages an operator of the vehicle, either directly or indirectly or
through an agent or other intermediary, to transport the goods by road; or
(ba) if
paragraphs (a) and (b) do not apply—the person has possession of,
or control over, the goods immediately before the goods are transported by
road;
(c)
there is no person as described in paragraph (a) or (b) and the goods are
imported into Australia and the person is the importer of the goods;
consignee , of goods—
(a)
means a person who—
(i)
has consented to being, and is, named or otherwise
identified as the intended consignee of the goods in the transport
documentation relating to the road transport of the goods; or
(ii)
actually receives the goods after completion of their
road transport; but
(b) does
not include a person who merely unloads the goods;
container weight declaration —
(a)
means a written declaration, whether contained in 1 or more documents, stating
or purporting to state the weight of a freight container and its contents; and
Examples—
an email, a placard fixed to the container
Note—
See the definition document in section 12 of Schedule 1.
(b)
includes a copy of a declaration mentioned in paragraph (a);
contract includes an agreement;
converter dolly means a pig trailer with a fifth wheel coupling designed to
convert a semitrailer into a dog trailer;
Typical converter dolly
convict , a person of an offence, has the meaning given by section 9(1);
convicted , of an offence, has the meaning given by section 9(2);
convicted person —
(a) for
the purposes of Chapter 10 Part 3 Division 5, has the meaning
given by section 599(a); or
(b) for
the purposes of Chapter 10 Part 3 Division 6, has the meaning
given by section 606(a);
corporation includes a body politic or corporate;
corresponding fatigue law , for the purposes of Chapter 6, has the
meaning given by section 221;
critical risk breach , for a maximum work requirement or minimum rest
requirement, has the meaning given by section 222(4);
daily sheet , for a written work diary, for the purposes of Chapter 6,
has the meaning given by section 338(2)(b);
database of heavy vehicles means the database of heavy vehicles kept under
section 686A;
daytime means the period of a day between sunrise and sunset;
de facto partner , of a person, means a person (whether of the same gender or
a different gender) who is in a de facto relationship, within the meaning
given by section 2F of the Acts Interpretation Act 1901 of the
Commonwealth, with the person;
defective heavy vehicle , for the purposes of Chapter 9 Part 3
Division 6, has the meaning given by section 525;
defective vehicle label , for the purposes of Chapter 9 Part 3
Division 6, has the meaning given by section 525;
defendant , for a proceeding for an offence, means the person charged with the
offence (whether called the defendant or the accused);
deficiency , for the purposes of Chapter 10 Part 4 Division 3,
has the meaning given by section 626;
dimension requirement means—
(a) a
prescribed dimension requirement (under section 101); or
(b) a
requirement as to a dimension limit relating to a heavy vehicle under a
condition to which a mass or dimension authority is subject (where the
dimension limit is more restrictive than the relevant prescribed dimension
requirement); or
(c) a
requirement as to a dimension limit under a PBS vehicle approval; or
(d) a
requirement as to a dimension limit indicated by an official traffic sign; or
Note—
See the definitions indicated and official traffic sign .
(e) a
requirement as to a dimension limit for a component vehicle as prescribed by a
heavy vehicle standard;
drive , a vehicle or combination, includes—
(a) be
in control of the steering, movement or propulsion of the vehicle or
combination; and
(b) for
a trailer—drive a vehicle towing the trailer;
driver , of a vehicle or combination—
(a)
means the person driving the vehicle or combination; and
(b)
includes—
(i)
a person accompanying the person driving the vehicle or
combination on a journey or part of a journey, who has been, is or will be
sharing the task of driving the vehicle or combination during the journey or
part; and
(ii)
a person who is driving the vehicle or combination as a
driver under instruction or under an appropriate learner licence or learner
permit; and
(iii)
where the driver is a driver under instruction, the
holder of a driver licence occupying the seat in the vehicle or combination
next to the driver;
driver fatigue compliance function , for the purposes of Chapter 13
Part 4, has the meaning given by section 727(1);
driver fatigue provision , for the purposes of Chapter 13 Part 4,
has the meaning given by section 727(1);
driver licence means—
(a) a
driver licence issued under a law of a State or Territory that regulates the
use of vehicles on roads; or
(b) a
licence, permit or other authorisation to drive a motor vehicle issued under a
law of another country if a law mentioned in paragraph (a) exempts the
holder of the licence, permit or other authorisation from the requirement to
hold a driver licence under that law to drive a motor vehicle;
electronic recording system has the meaning given by section 221;
electronic recording system approval means an approval of an electronic
recording system under Chapter 6 Part 4 Division 7;
electronic work diary has the meaning given by section 221;
electronic work diary authorised use , for the purposes of Chapter 13
Part 4, has the meaning given by section 727(1);
electronic work diary information , for the purposes of Chapter 13
Part 4, has the meaning given by section 727(1);
electronic work diary protected information , for the purposes of
Chapter 13 Part 4, has the meaning given by section 727(1);
embargo notice has the meaning given by section 557(2);
embargoed thing means a thing the subject of an embargo notice;
employed driver , of a heavy vehicle, means a person who is employed by
someone else to drive the vehicle;
employee means an individual who is employed by someone else;
employer means a person who employs someone else;
encourage includes give an incentive;
entity includes a person, an unincorporated partnership and an unincorporated
body;
entry , in a work record, for the purposes of Chapter 6, has the meaning
given by section 221;
equipment , in relation to a heavy vehicle, includes tools, devices and
accessories in the vehicle;
escort vehicle means a pilot vehicle that is driven by a police officer or
another person authorised to direct traffic under an Australian road law;
examine includes analyse, test, account, measure, weigh, grade, gauge or
identify;
executive officer , of a corporation, means—
(a) a
director of the corporation; or
(b) any
person, by whatever name called and whether or not the person is a director of
the corporation, who is concerned or takes part in the management of the
corporation;
exemption hours , for the purposes of Chapter 6, has the meaning given by
section 259;
exercise , for a function, includes perform;
extract , of a document, device or other thing, means a copy of any
information contained in the document, device or other thing;
Note—
See the definition document in section 12 of Schedule 1.
false or misleading means false or misleading in a material particular;
fatigue has the meaning given by section 223;
fatigue record keeping exemption means—
(a) a
fatigue record keeping exemption (notice); or
(b) a
fatigue record keeping exemption (permit);
fatigue record keeping exemption (notice) has the meaning given by
section 378;
fatigue record keeping exemption (permit) has the meaning given by
section 383;
fatigue-regulated bus means a heavy motor vehicle built or fitted to carry
more than 12 adults (including the driver);
Note—
A fatigue-regulated bus is a bus that weighs more than 4.5t for the purposes
of being regulated under this Law.
fatigue-regulated heavy vehicle has the meaning given by section 7;
fifth wheel coupling means a device (other than an upper rotating element and
a kingpin) used with a prime mover, semitrailer or converter dolly to—
(a)
permit quick coupling and uncoupling; and
(b)
provide for articulation;
film , a thing, includes—
(a)
photograph or videotape the thing; and
(b)
record an image of the thing in another way;
fit , to drive a heavy vehicle, or to start or stop its engine, for a person,
means the person—
(a) is
apparently physically and mentally fit to drive the vehicle, or start or stop
its engine; and
(b) is
not apparently affected by either or both of the following:
(i)
alcohol;
(ii)
a drug that affects a person's ability to drive a
vehicle; and
(c) is
not found to have an alcohol concentration in the person's blood or breath
exceeding the amount permitted, under an Australian road law of this
jurisdiction, for the driver of a heavy vehicle; and
(d) is
not found to be under the influence of a drug or to have present in the
person's blood or saliva a drug that the driver of a heavy vehicle is not
permitted to have present in the driver's blood or saliva under an Australian
road law of this jurisdiction;
freight container means—
(a) a
re-usable container of the kind mentioned in AS 3711.1 that is designed for
repeated use for transporting goods; or
Note—
AS 3711.1 may be purchased from Standards Australia at
<www.standards.org.au>.
(b) a
re-usable container of the same or a similar design and construction to a
container mentioned in paragraph (a) though of different dimensions;
Fund means the National Heavy Vehicle Regulator Fund established under
section 687;
garage address , of a heavy vehicle, means—
(a) for
a heavy vehicle normally kept at a depot when not in use—the principal
depot of the vehicle; or
(b) for
a heavy vehicle not normally kept at a depot when not in use—the address
of the place of business or residence at which the vehicle is normally kept
when not in use;
GCM (gross combination mass), of a motor vehicle, means the total maximum
loaded mass of the motor vehicle and any vehicles it may lawfully tow at any
given time—
(a) if
the registration authority has specified the total maximum loaded mass of the
motor vehicle and any vehicles it may lawfully tow at any given
time—specified by the registration authority; or
(b)
otherwise—stated by the motor vehicle's manufacturer;
goods —
(a)
includes—
(i)
animals (whether alive or dead); and
(ii)
a container (whether empty or not); but
(b) does
not include—
(i)
people; or
(ii)
fuel, water, lubricants and readily removable equipment
required for the normal use of the vehicle or combination in which they are
carried; or
(iii)
personal items used by the driver of the vehicle or
combination, or someone else necessary for the normal use of the vehicle, in
which they are carried;
GVM (gross vehicle mass), of a vehicle, means the maximum loaded mass of the
vehicle—
(a) if
the registration authority has specified the vehicle's maximum loaded
mass—specified by the registration authority; or
(b)
otherwise—stated by the vehicle's manufacturer;
hauling unit means a motor vehicle that forms part of a combination, but does
not include a prime mover;
heavy combination means a combination that is a heavy vehicle;
heavy motor vehicle means a motor vehicle that is a heavy vehicle;
heavy trailer means a trailer that is a heavy vehicle;
heavy vehicle has the meaning given by section 6;
heavy vehicle accreditation means—
(a) AFM
accreditation; or
(b) BFM
accreditation; or
(c)
maintenance management accreditation; or
(d) mass
management accreditation;
heavy vehicle standards has the meaning given by section 59;
higher mass limits , for the purposes of Chapter 7, has the meaning given
by section 403;
HML authority , for the purposes of Chapter 7, has the meaning given by
section 403;
home address means—
(a) for
an individual—the individual's residential address in Australia; or
(b) for
a body corporate with a registered office in Australia—the address of
the registered office; or
(c) for
another person—the address of the person's principal or only place of
business in Australia;
identification details , for the purposes of Chapter 9 Part 3
Division 6, has the meaning given by section 525;
identification plate means a plate approved to be placed on a vehicle, or
taken to have been placed on a vehicle, under the Motor Vehicle Standards
Act 1989 ;
impaired by fatigue has the meaning given by section 225;
improvement notice has the meaning given by section 572(2);
in , a vehicle, includes on the vehicle;
indicated , by an official traffic sign, includes—
(a)
indicated by way of a direction on an official traffic sign; and
(b)
indicated by way of a direction, indication or requirement that, under a law,
is prescribed as being given or imposed, because of an official traffic sign;
indictable offence means an offence mentioned in section 26F;
information includes—
(a)
information in the form of a printed document; and
Note—
See the definitions printed and document in section 12 of
Schedule 1.
(b)
information stored electronically;
information notice , for a decision, means a notice stating the following:
(a) the
decision;
(b) the
reasons for the decision;
(c) the
review and appeal information for the decision;
infringement notice means—
(a) an
infringement notice issued under section 591; or
(b) an
infringement notice, expiation notice, penalty notice or similar notice under
the Infringement Notice Offences Law;
Infringement Notice Offences Law , for a participating jurisdiction, means the
law that is declared by a law of that jurisdiction to be the Infringement
Notice Offences Law for the purposes of this Law;
inspect , a thing, includes—
(a) open
the thing and examine its contents; and
(b) test
the thing or its contents or both;
intelligent access map means the spatial data set in electronic form, issued
by TCA from time to time, that defines the national public road system;
intelligent access program agreement , for the purposes of Chapter 7, has
the meaning given by section 403;
intelligent access program audit , for the purposes of Chapter 7, has the
meaning given by section 403;
intelligent access program auditor means a person engaged by TCA for auditing
activities conducted by intelligent access program service providers;
intelligent access program conditions has the same meaning given by
section 402;
intelligent access program information , for the purposes of Chapter 7,
has the meaning given by section 403;
intelligent access program reporting entity , for the purposes of
Chapter 6, has the meaning given by section 221;
intelligent access program service provider has the meaning given by
section 403;
intelligent access program vehicle , for the purposes of Chapter 7, has
the meaning given by section 403;
intelligent transport system means a system involving the use of electronic or
other technology, whether located in a heavy vehicle or on or near a road or
elsewhere, that is able to monitor, generate, record, store, display, analyse,
transmit or report information about—
(a) any
or all of the following:
(i)
a heavy vehicle, its equipment or load;
(ii)
the driver of a heavy vehicle;
(iii)
an operator of a heavy vehicle;
(iv)
anyone else involved in road transport using a heavy
vehicle; and
(b)
without limiting paragraph (a), the compliance or noncompliance with this
Law of the use of a heavy vehicle on a road;
investigation purposes means investigating a contravention or suspected
contravention of this Law;
journey documentation —
(a)
means a document, other than transport documentation, in any form—
(i)
directly or indirectly associated with—
(A) a transaction for the actual or
proposed road transport of goods or passengers using a heavy vehicle, or for a
previous transport of the goods or passengers by any transport method; or
(B) goods or passengers, to the extent the
document is relevant to a transaction for their actual or proposed road
transport; and
(ii)
whether relating to a particular journey or to journeys
generally; and
(b)
includes, for example, any or all of the following:
(i)
a document kept, used or obtained by a responsible person
for a heavy vehicle in connection with the transport of goods or passengers;
(ii)
a workshop, maintenance or repair record relating to a
heavy vehicle used, or claimed to be used, for transporting goods or
passengers;
(iii)
a subcontractor's payment advice relating to goods or
passengers or their transport;
(iv)
records kept, used or obtained by the driver of a heavy
vehicle used, or claimed to be used, for transporting goods or passengers;
Examples—
• driver's run
sheet
• work diary
entry
• fuel docket or
receipt
• food receipt
• tollway
receipt
• pay record
• mobile or
other telephone record
(v)
information reported through the use of an intelligent
transport system;
(vi)
a driver manual or instruction sheet;
(vii)
an advice resulting from check weighing of a heavy
vehicle's mass or load performed before, during or after a journey;
Note—
See the definition document in section 12 of Schedule 1.
law enforcement agency means an agency that has functions or activities
directed at the prevention, detection, investigation, prosecution or
punishment of offences and other contraventions of a law for which penalties
or sanctions may be imposed;
law enforcement purposes , for the purposes of Chapter 7, has the meaning
given by section 403;
load , of a heavy vehicle or in a heavy vehicle, means—
(a) all
the goods, passengers, drivers and other persons in the vehicle; and
(b) all
fuel, water, lubricants and readily removable equipment carried in the vehicle
and required for its normal use; and
(c)
personal items used by the vehicle's driver or someone else necessary for the
normal use of the vehicle; and
(d)
anything that is normally removed from the vehicle when not in use;
load , when used as a verb, and loader —
A person loads goods in a heavy vehicle, and is a loader of goods in a heavy
vehicle, if the person is a person who—
(a)
loads the vehicle, or any container that is in or part of the vehicle, with
the goods for road transport; or
(b)
loads the vehicle with a freight container, whether or not it contains goods,
for road transport;
loaded mass , of a vehicle, means the vehicle's mass together with the mass of
the vehicle's load that is transmitted to the ground;
loading manager , for goods in a heavy vehicle, means—
(a) a
person who manages, or is responsible for the operation of, regular loading or
unloading premises for heavy vehicles where the goods are—
(i)
loaded onto the heavy vehicle; or
(ii)
unloaded from the heavy vehicle; or
(b) a
person who has been assigned by a person mentioned in paragraph (a) as
responsible for supervising, managing or controlling, directly or indirectly,
activities carried out by a loader or unloader of goods at regular loading or
unloading premises for heavy vehicles;
loading requirements has the meaning given by section 110;
local government authority , for a participating jurisdiction, means an entity
that is declared by a law of that jurisdiction to be a local government
authority for that jurisdiction for the purposes of this Law;
maintenance management accreditation means—
(a)
maintenance management accreditation granted under section 458; or
(b)
accreditation of a similar kind under another law of a participating
jurisdiction;
maintenance management standards and business rules , for the purposes of
Chapter 8, has the meaning given by section 457;
maintenance management system , for the purposes of Chapter 8, has the
meaning given by section 457;
major defect notice means a notice complying with the requirements for a major
defect notice under section 527;
major rest break , for the purposes of Chapter 6, has the meaning given
by section 221;
malfunction —
(a) for
the purposes of Chapter 6, has the meaning given by section 221; and
(b) for
the purposes of Chapter 7, has the meaning given by section 403;
management member , of an unincorporated body, means—
(a) if
the body has a management committee—each member of the management
committee; or
(b)
otherwise—each member who is concerned with, or takes part in, the
body's management, whatever name is given to the member's position in the
body;
mass, dimension or loading requirement means a mass requirement, dimension
requirement or loading requirement;
mass management accreditation means—
(a) mass
management accreditation granted under section 458; or
(b)
accreditation of a similar kind under another law of a participating
jurisdiction;
mass management standards and business rules , for the purposes of
Chapter 8, has the meaning given by section 457;
mass management system , for the purposes of Chapter 8, has the meaning
given by section 457;
mass or dimension authority means—
(a) a
mass or dimension exemption; or
(b) a
class 2 heavy vehicle authorisation;
mass or dimension exemption means—
(a) a
mass or dimension exemption (notice); or
(b) a
mass or dimension exemption (permit);
mass or dimension exemption (notice) has the meaning given by
section 117(2);
mass or dimension exemption (permit) has the meaning given by
section 122(3);
mass requirement means—
(a) a
prescribed mass requirement (under section 95); or
(b) a
requirement as to a mass limit relating to a heavy vehicle under a condition
to which a mass or dimension authority is subject (where the mass limit is
lower than the relevant prescribed mass requirement); or
(c) a
requirement as to a mass limit under a PBS vehicle approval; or
(d) a
requirement as to a mass limit indicated by an official traffic sign; or
Note—
See the definitions indicated and official traffic sign .
(e) a
requirement as to a mass limit under the GVM or GCM for a heavy vehicle; or
(f) a
requirement as to a mass limit for a component vehicle as stated by the
manufacturer or as prescribed by a heavy vehicle standard.
maximum work requirement means a requirement of Chapter 6 relating to a
maximum work time for the driver of a fatigue-regulated heavy vehicle;
maximum work time means the maximum time the driver of a fatigue-regulated
heavy vehicle may drive a fatigue-regulated heavy vehicle, or otherwise work,
without taking a rest;
minimum rest requirement means a requirement of Chapter 6 relating to the
minimum rest time for the driver of a fatigue-regulated heavy vehicle;
minimum rest time means the minimum time the driver of a fatigue-regulated
heavy vehicle must rest in order to break up the period of time the driver
drives a fatigue-regulated heavy vehicle or otherwise works;
minor defect notice means a notice complying with the requirements for a minor
defect notice under section 527;
minor risk breach —
(a) for
a mass requirement—has the meaning given by section 98; or
(b) for
a dimension requirement—has the meaning given by section 105; or
(c) for
a loading requirement—has the meaning given by section 112; or
(d) for
a maximum work requirement or minimum rest requirement—has the meaning
given by section 222(1);
modification , for the purposes of Chapter 3 Part 3, has the meaning
given by section 84;
monitoring purposes means finding out whether this Law is being complied with;
motor vehicle means a vehicle built to be propelled by a motor that forms part
of the vehicle;
Motor Vehicle Standards Act 1989 means the repealed Motor Vehicle Standards
Act 1989 of the Commonwealth as in force before its repeal;
national regulations means the regulations made under section 730;
National Transport Commission means the National Transport Commission
established by the National Transport Commission Act 2003 of the
Commonwealth;
night means the period between sunset on a day and sunrise on the next day;
night rest break means—
(a) 7
continuous hours stationary rest time between 10 pm on a day and 8 am on the
next day; or
Note—
Under sections 248 and 303, the time must be based on the time zone of
the driver's base for drivers on a journey in a different time zone to the
driver's base.
(b) 24
continuous hours stationary rest time;
night work time , for the purposes of Chapter 6, has the meaning given by
section 221;
noncompliance report , for the purposes of Chapter 7, has the meaning
given by section 403;
non-participating jurisdiction , for the purposes of Chapter 6, has the
meaning given by section 221;
notice —
(a)
means written notice; and
(b) for
the purposes of Chapter 9 Part 4 Division 5B, has the meaning given
by section 576D;
occupier , of a place, includes the following:
(a) if
there is more than 1 person who apparently occupies the place—any 1 of
the persons;
(b) any
person at the place who is apparently acting with the authority of a person
who apparently occupies the place;
(c) if
no-one apparently occupies the place—any person who is an owner of the
place;
official means any of the following persons exercising a function under this
Law:
(a) the
Regulator;
(b) a
road authority;
(c) an
authorised officer;
official traffic sign means a sign or device erected or placed, under a law,
by a public authority (including, for example, a police force or police
service) to regulate traffic;
operate and operator —
A person operates a vehicle or combination, and is an operator of the vehicle
or combination, if the person is responsible for controlling or directing the
use of—
(a) for
a vehicle (including a vehicle in a combination)—the vehicle; or
(b) for
a combination—the towing vehicle in the combination;
oversize vehicle means a heavy vehicle that does not comply with a dimension
requirement applying to it;
owner —
(a) of a
vehicle means—
(i)
each person who is an owner, joint owner or part owner of
the vehicle; or
(ii)
a person who has the use or control of the vehicle under
a credit agreement, hiring agreement, hire-purchase agreement or leasing
arrangement; or
(b) of a
combination means—
(i)
each person who is an owner, joint owner or part owner of
the towing vehicle in the combination; or
(ii)
a person who has the use or control of the towing vehicle
in the combination under a credit agreement, hiring agreement, hire-purchase
agreement or leasing arrangement; or
(c) of a
sample means an owner of the sample or the thing from which it was taken;
pack and packer —
A person packs goods, and is a packer of goods, if the person—
(a) puts
the goods in packaging, even if that packaging is already on a vehicle; or
Example for the purposes of paragraph (a)—
A person who uses a hose to fill the tank of a tank vehicle with petrol packs
the petrol for transport.
(b)
assembles the goods as packaged goods in an outer packaging, even if that
packaging is already on a vehicle; or
(c)
supervises an activity mentioned in paragraph (a) or (b); or
(d)
manages or controls an activity mentioned in paragraph (a), (b) or (c);
packaging , in relation to goods, means anything that contains, holds,
protects or encloses the goods, whether directly or indirectly, to enable them
to be received or held for transport, or to be transported;
Note—
It may be that a container constitutes the whole of the packaging of goods, as
in the case of a drum in which goods are directly placed.
participating jurisdiction —
(a) for
the purposes of this Law other than Chapter 6—means a State or
Territory in which—
(i)
this Law applies as a law of the State or Territory; or
(ii)
a law that substantially corresponds to the provisions of
this Law has been enacted; or
(iii)
a law prescribed by the national regulations for the
purposes of this subparagraph has been enacted; or
(b) for
the purposes of Chapter 6—has the meaning given by
section 221;
party in the chain of responsibility , for a heavy vehicle, means each of the
following persons:
(a) if
the vehicle's driver is an employed driver—an employer of the driver;
(b) if
the vehicle's driver is a self-employed driver—a prime contractor for
the driver;
(c) an
operator of the vehicle;
(d) a
scheduler for the vehicle;
(e) a
consignor of any goods in the vehicle;
(f) a
consignee of any goods in the vehicle;
(g) a
packer of any goods in the vehicle;
(h) a
loading manager for any goods in the vehicle;
(i)
a loader of any goods in the vehicle;
(j) an
unloader of any goods in the vehicle;
passenger , of a vehicle, means any person carried in the vehicle other than
the vehicle's driver or someone else necessary for the normal use of the
vehicle;
PBS design approval means a current approval given under section 22 for
the design of a type of heavy vehicle that, if built to the design, is
eligible for PBS vehicle approval;
Note—
"PBS" stands for performance based standards.
PBS Review Panel means an advisory body appointed by the Regulator to provide
expert advice in the assessment of applications for PBS design approvals or
PBS vehicle approvals and of their impacts;
Note—
The membership of the PBS Review Panel consists of one representative of each
State and Territory, an independent Chairperson and an independent Deputy
Chairperson. The Commonwealth may, if it decides to do so, nominate a
representative of the Commonwealth. The procedure of the Panel is as
determined by the Regulator.
PBS vehicle means a heavy vehicle that is the subject of a current PBS vehicle
approval under Chapter 1 Part 4;
PBS vehicle approval means a current approval issued for a heavy vehicle by
the Regulator under section 23;
personal information —
(a)
generally, means information or an opinion, including information or an
opinion forming part of a database, whether true or not, and whether recorded
in a material form or not, about an individual whose identity is apparent, or
can reasonably be found out, from the information or opinion; and
(b) for
the purposes of Chapter 7, has the meaning given by section 403;
pig trailer means a trailer—
(a) with
1 axle group or a single axle near the middle of its load carrying surface;
and
(b)
connected to the towing vehicle by a drawbar;
pilot vehicle means a motor vehicle that accompanies an oversize vehicle to
warn other road users of the oversize vehicle's presence;
place of business , for the purposes of Chapter 9 Part 2 has the
meaning given by section 494;
pole-type trailer means a trailer that—
(a) is
attached to a towing vehicle by a pole or an attachment fitted to a pole; and
(b) is
ordinarily used for transporting loads, such as logs, pipes, structural
members, or other long objects, that can generally support themselves like
beams between supports;
Pole-type trailer
police commissioner means the head of the police force or police service
(however called) of a participating jurisdiction;
premises —
(a)
means a building or other structure, a vessel, or another place (whether built
on or not)—
(i)
from which a business is carried out; or
(ii)
at or from which goods are loaded onto or unloaded from
vehicles; and
(b)
includes a part of a building, structure, vessel or place mentioned in
paragraph (a);
prescribed dimension requirement means a requirement prescribed by the
national regulations under section 101;
prescribed fee means a fee prescribed by the national regulations under
section 740(1);
prescribed mass requirement means a requirement prescribed by the national
regulations under section 95;
previous corresponding law —
1 A previous
corresponding law is a law of a participating jurisdiction that, before the
participation day for the jurisdiction, provided for the same, or
substantially the same, matters as the provisions of this Law.
2 A previous
corresponding law for a provision of this Law is a provision of a previous
corresponding law within the meaning of paragraph 1 that corresponds, or
substantially corresponds, to the provision of this Law.
3 For the purposes of
paragraph 1, it is irrelevant whether the law of the participating
jurisdiction—
(a) is
in 1 instrument or 2 or more instruments; or
(b) is
part of an instrument; or
(c) is
part of an instrument and the whole or part of 1 or more other instruments;
prime contractor , of the driver of a heavy vehicle, means a person who
engages the driver to drive the vehicle under a contract for services;
Example—
a logistics business that engages a subcontractor to transport goods
prime mover means a heavy motor vehicle designed to tow a semitrailer;
prohibition notice has the meaning given by section 576A(3);
prohibition order has the meaning given by section 607(1);
promisee —see section 590A;
protected information , for the purposes of Chapter 13 Part 4, has
the meaning given by section 727;
public authority means—
(a) a
State or Territory or the Commonwealth, in any capacity; or
(b) a
body established under a law, or the holder of an office established under a
law, for a public purpose, including a local government authority;
public notice means a notice—
(a) in
the Commonwealth Gazette; and
(b) on
the Regulator's website; and
(c) if
the Regulator considers it appropriate—in another way, including, for
example, in a national newspaper;
public place means a place or part of a place—
(a) that
the public is entitled to use, is open to members of the public or is used by
the public, whether or not on payment of money; or
(b) the
occupier of which allows members of the public to enter, whether or not on
payment of money;
public risk means—
(a) a
safety risk; or
(b) a
risk of damage to road infrastructure;
public safety means the safety of persons or property, including the safety
of—
(a) the
drivers of, and passengers and other persons in, vehicles and combinations;
and
(b)
persons or property in or in the vicinity of, or likely to be in or in the
vicinity of, road infrastructure and public places; and
(c)
vehicles and combinations and any loads in them;
public safety ground , for a reviewable decision, has the meaning given by
section 640;
quad-axle group means a group of 4 axles, in which the horizontal distance
between the centre-lines of the outermost axles is more than 3.2m but not more
than 4.9m;
qualified , to drive a heavy vehicle, or to start or stop its engine, for a
person, means the person—
(a)
holds a driver licence of the appropriate class to drive the vehicle that is
not suspended; and
(b) is
not prevented under a law, including, for example, by the conditions of the
driver licence, from driving the vehicle at the relevant time;
Queensland Minister means the responsible Minister for Queensland;
reasonably believes means believes on grounds that are reasonable in the
circumstances;
reasonably practicable , in relation to a duty, means that which is, or was at
a particular time, reasonably able to be done in relation to the duty,
weighing up all relevant matters, including—
(a) the
likelihood of a safety risk, or damage to road infrastructure, happening; and
(b) the
harm that could result from the risk or damage; and
(c) what
the person knows, or ought reasonably to know, about the risk or damage; and
(d) what
the person knows, or ought reasonably to know, about the ways of—
(i)
removing or minimising the risk; or
(ii)
preventing or minimising the damage; and
(e) the
availability and suitability of those ways; and
(f) the
cost associated with the available ways, including whether the cost is grossly
disproportionate to the likelihood of the risk or damage;
reasonably satisfied means satisfied on grounds that are reasonable in the
circumstances;
reasonably suspects means suspects on grounds that are reasonable in the
circumstances;
record keeper has the meaning given by section 317;
record location , of the driver of a fatigue-regulated heavy vehicle, for the
purposes of Chapter 6, has the meaning given by section 290;
registered industry code of practice means an industry code of practice
registered under section 706;
registered interest means an interest registered under the
Personal Property Securities Act 2009 of the Commonwealth by a secured party
for which the thing or sample is collateral;
registered operator , of a heavy vehicle, means the person recorded on a
vehicle register as the person responsible for the vehicle, however named,
kept under another Australian road law;
registration , of a heavy vehicle, means registration of the vehicle under an
Australian road law;
registration authority , for a heavy vehicle, means the authority responsible
for the registration of the vehicle under an Australian road law;
registration item means a document, number plate, label or other thing
relating to the registration or purported registration of a heavy vehicle;
Note—
See the definition document in section 12 of Schedule 1.
registration number , for a heavy vehicle, means the identifying registration
number, however described, given to the vehicle under an Australian road law;
regular loading or unloading premises —
1 Regular loading or
unloading premises , for heavy vehicles, means premises at or from which an
average of at least 5 heavy vehicles are loaded or unloaded on each day
the premises are operated for loading or unloading heavy vehicles.
2 For the purposes of
paragraph 1, an average of at least 5 heavy vehicles are loaded or
unloaded at or from premises on each day the premises are operated for loading
or unloading heavy vehicles if—
(a) for
premises operated for loading or unloading heavy vehicles for 12 months
or more—during the previous 12 months, an average of at least
5 heavy vehicles were loaded or unloaded at or from the premises on each
day the premises were operated for loading or unloading heavy vehicles; or
(b) for
premises operated for loading or unloading heavy vehicles for less than
12 months—during the period the premises have been in operation for
loading or unloading heavy vehicles, an average of at least 5 heavy
vehicles were loaded or unloaded at or from the premises on each day the
premises were operated for loading or unloading heavy vehicles;
3 In the application
of this definition to the definition loading manager where used in
Chapter 6, references in paragraphs 1 and 2 to "an average of at
least 5 heavy vehicles" are to be read as references to an average
of at least 5 fatigue-regulated heavy vehicles.
Note—
Consequently, Chapter 6 applies to a person as a loading manager only if
the premises concerned are premises at or from which an average of at least 5
fatigue-regulated heavy vehicles are loaded or unloaded on each day the
premises are operated for loading or unloading heavy vehicles.
Regulator means the National Heavy Vehicle Regulator established under
section 656;
Regulator's website means the website of the Regulator on the Internet;
relevant appeal body , for the purposes of Chapter 11, has the meaning
given by section 640;
relevant contravention , for the purposes of Chapter 7, has the meaning
given by section 403;
relevant emission , for a heavy vehicle, means noise emission, gaseous
emission or particle emission emanating from the vehicle;
relevant garage address , of a heavy vehicle, means—
(a) the
heavy vehicle's garage address; or
(b) if
the heavy vehicle is a combination—the garage address of the towing
vehicle in the combination;
relevant jurisdiction , for the purposes of Chapter 11, has the meaning
given by section 640;
relevant management system , for the purposes of Chapter 8, has the
meaning given by section 457;
relevant monitoring matters , for the purposes of Chapter 7, has the
meaning given by section 403;
relevant place , for the purposes of Chapter 9 Part 2, has the
meaning given by section 494;
relevant police commissioner , in relation to a police officer, means the
police commissioner for the police force or police service (however called) of
which the police officer is a member;
relevant road manager , for a mass or dimension authority, means a road
manager for a road in the area, or on the route, to which the authority
applies;
relevant standards and business rules , for the purposes of Chapter 8,
has the meaning given by section 457;
relevant tribunal or court , for a participating jurisdiction, means a
tribunal or court that is declared by a law of that jurisdiction to be the
relevant tribunal or court for that jurisdiction for the purposes of this Law;
residence , for the purposes of Chapter 9 Part 2, has the meaning
given by section 494(1);
responsible entity , for a freight container, means—
(a) the
person who, in Australia, consigned the container for road transport using a
heavy vehicle; or
(b) if
there is no person as described in paragraph (a)—the person who, in
Australia, for a consignor, arranged for the container's road transport using
a heavy vehicle; or
(c) if
there is no person as described in paragraph (a) or (b)—the person
who, in Australia, physically offered the container for road transport using a
heavy vehicle;
responsible Minister , for a participating jurisdiction, means the Minister of
that jurisdiction nominated by it as its responsible Minister for the purposes
of this Law;
responsible Ministers means a group of Ministers consisting of—
(a) the
responsible Minister for each participating jurisdiction; and
(b) the
Commonwealth responsible Minister;
Note—
See also section 655(3).
responsible person , for a heavy vehicle, means a person having, at a relevant
time, a role or responsibility associated with road transport using the
vehicle, and includes any of the following:
(a) an
owner of the vehicle or, if it is a combination, an owner of a heavy vehicle
forming part of the combination;
(b) the
vehicle's driver;
(c) an
operator or registered operator of the vehicle or, if it is a combination, an
operator or registered operator of a heavy vehicle forming part of the
combination;
(d) a
person in charge or apparently in charge of—
(i)
the vehicle; or
(ii)
the vehicle's garage address or, if it is a combination,
the garage address of a heavy vehicle forming part of the combination; or
(iii)
a base of the vehicle's driver;
(e) a
person appointed under a heavy vehicle accreditation to have monitoring or
other responsibilities under the accreditation, including, for example,
responsibilities for certifying, monitoring or approving the use of heavy
vehicles under the accreditation;
(f) a
person who provides to an owner or registered operator of the vehicle or, if
it is a combination, an owner or registered operator of a heavy vehicle
forming part of the combination, an intelligent transport system for the
vehicle;
(g) a
person in charge of a place entered by an authorised officer under this Law
for the purpose of exercising a power under this Law;
(h) a
consignor of goods for road transport;
(i)
a packer of goods in a freight container or other
container or in a package or on a pallet for road transport;
(j) a
person who loads goods or a container for road transport;
(k) a
person who unloads goods or a container containing goods consigned for road
transport;
(l) a
person to whom goods are consigned for road transport;
(m) a
person who receives goods packed outside Australia in a freight container or
other container or on a pallet for road transport in Australia;
(n) an
owner or operator of a weighbridge or weighing facility used to weigh the
vehicle, or an occupier of the place where the weighbridge or weighing
facility is located;
(o) a
responsible entity for a freight container on the vehicle;
(p) a
loading manager for goods in heavy vehicles for road transport or another
person who controls or directly influences the loading of goods for road
transport;
(q) a
scheduler for the vehicle;
(r) an
employer, employee, agent or subcontractor of a person mentioned in any of
paragraphs (a) to (q);
rest , in relation to a fatigue-regulated heavy vehicle, has the meaning given
by section 221;
rest time , for the purposes of Chapter 6, has the meaning given by
section 221;
review and appeal information —
(a) for
a decision made by the Regulator or an authorised officer who is not a police
officer, means the following information:
(i)
that, under section 641, a dissatisfied person for
the decision may ask for the decision to be reviewed by the Regulator;
(ii)
that, under section 642, the person may apply for
the decision to be stayed by a relevant tribunal or court unless the decision
was made by the Regulator on the basis of a public safety ground;
(iii)
that, in relation to the Regulator's decision on the
review, the person may—
(A) under section 647, appeal against
the decision to a relevant tribunal or court; and
(B) under section 648, apply for the
decision to be stayed by a relevant tribunal or court unless the reviewable
decision to which the review decision relates was made by the Regulator on the
basis of a public safety ground; and
(b) for
a decision made by a road manager (for a road) that is a public authority,
means the following information:
(i)
that, under section 641, a dissatisfied person for
the decision may apply to the Regulator to have the decision reviewed;
(ii)
that, under section 643, the Regulator must refer
the application to the road manager for review;
(iii)
that the decision of the road manager on the review is
not subject to further review or appeal under this Law; and
(c) for
a decision made by an authorised officer who is a police officer, or a road
manager (for a road) that is not a public authority, means that the decision
is not subject to review or appeal under this Law;
review application , for the purposes of Chapter 11, has the meaning
given by section 640;
review decision , for the purposes of Chapter 11, has the meaning given
by section 640;
reviewable decision has the meaning given by section 640;
reviewer , for the purposes of Chapter 11, has the meaning given by
section 640;
rigid , other than in the definition articulated bus , means not articulated;
risk category —
(a) for
a contravention of a mass, dimension or loading requirement, means 1 of the
following categories:
(i)
minor risk breach;
(ii)
substantial risk breach;
(iii)
severe risk breach; or
(b) for
a contravention of a maximum work requirement or minimum rest requirement,
means 1 of the following categories:
(i)
minor risk breach;
(ii)
substantial risk breach;
(iii)
severe risk breach;
(iv)
critical risk breach;
road has the meaning given by section 8;
Note—
See also section 13.
road authority , for a participating jurisdiction, means an entity that is
declared by a law of that jurisdiction to be the road authority for that
jurisdiction for the purposes of this Law;
road condition has the meaning given by section 154;
road infrastructure includes—
(a) a
road, including its surface or pavement; and
(b)
anything under or supporting a road or its surface or pavement; and
(c) any
bridge, tunnel, causeway, road-ferry, ford or other work or structure forming
part of a road system or supporting a road; and
(d) any
bridge or other work or structure located above, in or on a road; and
(e) any
traffic control devices, railway equipment, electricity equipment, emergency
telephone systems or any other facilities (whether of the same or a different
kind) in, on, over, under or connected with anything mentioned in
paragraphs (a) to (d);
road manager , for a road in a participating jurisdiction, means an entity
that is declared by a law of that jurisdiction to be the road manager for the
road for the purposes of this Law;
road-related area has the meaning given by section 8;
Road Rules , for a participating jurisdiction, means the law that is declared
by a law of that jurisdiction to be the Road Rules for the purposes of this
Law;
road train means—
(a) a
B-triple; or
(b) a
combination, other than a B-double, consisting of a motor vehicle towing at
least 2 trailers, excluding any converter dolly supporting a semitrailer;
Typical triple road train
road transport means transport by road;
Road Vehicle Standards Act 2018 means the Road Vehicle Standards
Act 2018 of the Commonwealth;
route assessment , for the purposes of Chapter 4 Part 7, has the
meaning given by section 154;
safer freight vehicle has the meaning given by section 153A(2);
safety duty means a duty imposed under any of the following provisions:
(a)
section 26C;
(b)
section 26E(1) or (2);
(c)
section 89(1);
(d)
section 93(1), (2) or (3);
(e)
section 129(1), (2) or (3);
(f)
section 137;
(g)
section 150(1);
(h)
section 153A(1);
(i)
section 186(2), (3), (4) or (5);
(j)
section 187(2) or (3);
(k)
section 335(1);
(l)
section 336(1);
(m)
section 337(2);
(n)
section 454(1) or (2);
(o)
section 467;
(p)
section 470(2), (3) or (4);
(q)
section 604;
(r)
section 610;
safety risk means a risk—
(a) to
public safety; or
(b) of
harm to the environment;
schedule , for the driver of a heavy vehicle, means—
(a) the
schedule for the transport of any goods or passengers by the vehicle; or
(b) the
schedule of the driver's work times and rest times;
scheduler , for a heavy vehicle, means a person who—
(a)
schedules the transport of any goods or passengers by the vehicle; or
(b)
schedules the work times and rest times of the vehicle's driver;
second edition ADR means an ADR incorporated in the document described as the
"Australian Design Rules for Motor Vehicle Safety, Second Edition" originally
published by the former Commonwealth Department of Transport;
self-clearing defect notice means a notice complying with the requirements for
a self-clearing defect notice under section 527;
self-employed driver , of a heavy vehicle, means a driver of the vehicle who
is not an employed driver of the vehicle;
semitrailer means a trailer that has—
(a) 1
axle group or a single axle towards the rear; and
(b) a
means of attachment to a prime mover that results in some of the mass of the
trailer's load being imposed on the prime mover;
severe risk breach —
(a) for
a mass requirement—has the meaning given by section 100; or
(b) for
a dimension requirement—has the meaning given by section 107; or
(c) for
a loading requirement—has the meaning given by section 114; or
(d) for
a maximum work requirement or minimum rest requirement—has the meaning
given by section 222(3);
severe risk breach lower limit —
(a) for
the purposes of Chapter 4 Part 2 Division 2, has the meaning
given by section 97; or
(b) for
the purposes of Chapter 4 Part 3 Division 2, has the meaning
given by section 104;
sign of fatigue , for the purposes of Chapter 6, has the meaning given by
section 221;
single axle means—
(a) 1
axle; or
(b) 2
axles with centres between transverse, parallel, vertical planes spaced less
than 1.0m apart;
solo driver , for the purposes of Chapter 6, has the meaning given by
section 221;
speed limit means—
(a) a
speed limit applying under this Law, the Road Rules or another law; and
(b) when
used in the context of a speed limit applying to the driver of a heavy
vehicle—a speed limit applying to the driver or the vehicle (or both)
under this Law, the Road Rules or another law (whether it applies specifically
to the particular driver or the particular vehicle or it applies to all
drivers or vehicles or to a class of drivers or vehicles to which the driver
or vehicle belongs);
Note—
A reference to a speed limit applying under this Law, the Road Rules or
another law covers both—
• a speed limit
specified in this Law, the Road Rules or other law
• a speed limit
specified in an instrument, or in some other manner, under this Law, the Road
Rules or other law (for example, a speed limit specified in a permit or a
Commonwealth Gazette notice).
standard hours , for the purposes of Chapter 6, has the meaning given by
section 249;
Standards Australia means Standards Australia Limited
ACN 087 326 690, and includes a reference to the Standards
Association of Australia as constituted before 1 July 1999;
stationary rest time has the meaning given by section 221;
substantial risk breach —
(a) for
a mass requirement—has the meaning given by section 99; or
(b) for
a dimension requirement—has the meaning given by section 106; or
(c) for
a loading requirement—has the meaning given by section 113; or
(d) for
a maximum work requirement or minimum rest requirement—has the meaning
given by section 222(2);
substantial risk breach lower limit —
(a) for
the purposes of Chapter 4 Part 2 Division 2, has the meaning
given by section 97; or
(b) for
the purposes of Chapter 4 Part 3 Division 2, has the meaning
given by section 104;
suitable rest place , for fatigue-regulated heavy vehicles, means—
(a) a
rest area designated for use, and able to be used, by fatigue-regulated heavy
vehicles; or
(b) a
place at which a fatigue-regulated heavy vehicle may be safely and lawfully
parked;
supervisory intervention order has the meaning given by section 600(1);
supplementary record , for the purposes of Chapter 6, has the meaning
given by section 221;
tamper —
(a) with
an emission control system, for the purposes of section 91, has the
meaning given by that section; or
(b) with
a plate or label, for the purposes of section 87A, has the meaning given
by that section; or
(c) with
a speed limiter, for the purposes of section 93, has the meaning given by
that section; or
(d) with
an approved electronic recording system, for the purposes of Chapter 6,
has the meaning given by section 334; or
(e) with
an approved intelligent transport system, for the purposes of Chapter 7,
has the meaning given by section 403;
tandem axle group means a group of at least 2 axles, in which the horizontal
distance between the centre-lines of the outermost axles is at least 1m but
not more than 2m;
TCA means Transport Certification Australia Limited
ACN 113 379 936;
Territory means the Australian Capital Territory or the Northern Territory;
the State means the Crown in right of this jurisdiction, and includes—
(a) the
Government of this jurisdiction; and
(b) a
Minister of the Crown in right of this jurisdiction; and
(c) a
statutory corporation, or other entity, representing the Crown in right of
this jurisdiction;
third edition ADR means—
(a) a
national standard under section 7 of the Motor Vehicle Standards
Act 1989 ; or
(b) a
national road vehicle standard under section 12 of the Road Vehicle
Standards Act 2018 ;
third party insurance legislation means—
(a)
legislation about compensation for third parties who are injured or killed by
the use of motor vehicles or trailers; or
(b)
legislation about payment of contributions towards compensation of that kind;
or
(c)
legislation requiring public liability insurance;
this jurisdiction —see the law of each participating jurisdiction for
the meaning of this term;
this Law means—
(a) this
Law as it applies as a law of a participating jurisdiction; or
(b) a
law of a participating jurisdiction that—
(i)
substantially corresponds to the provisions of this Law;
or
(ii)
is prescribed by the national regulations for the
purposes of paragraph (a)(iii) of the definition participating jurisdiction ;
Note—
See also section 11.
tow truck means—
(a) a
heavy motor vehicle that is—
(i)
equipped with a crane, winch, ramp or other lifting
device; and
(ii)
used or intended to be used for the towing of motor
vehicles; or
(b) a
heavy motor vehicle to which is attached, temporarily or otherwise, a trailer
or device that is—
(i)
equipped with a crane, winch, ramp or other lifting
device; and
(ii)
used or intended to be used for the towing of motor
vehicles;
tractor means a motor vehicle used for towing purposes, other than—
(a) a
motor vehicle designed to carry goods or passengers; or
(b) a
tow truck;
traffic includes vehicular traffic, pedestrian traffic and all other forms of
road traffic;
trailer means a vehicle that is built to be towed, or is towed, by a motor
vehicle, but does not include a motor vehicle being towed;
transport activities means activities, including business practices and making
decisions, associated with the use of a heavy vehicle on a road, including,
for example—
(a)
contracting, directing or employing a person—
(i)
to drive the vehicle; or
(ii)
to carry out another activity associated with the use of
the vehicle (such as maintaining or repairing the vehicle); or
(b)
consigning goods for transport using the vehicle; or
(c)
scheduling the transport of goods or passengers using the vehicle; or
(d)
packing goods for transport using the vehicle; or
(e)
managing the loading of goods onto or unloading of goods from the vehicle; or
(f)
loading goods onto or unloading goods from the vehicle; or
(g)
receiving goods unloaded from the vehicle;
transport documentation means each of the following:
(a) each
contractual document directly or indirectly associated with—
(i)
a transaction for the actual or proposed road transport
of goods or passengers or any previous transport of the goods or passengers by
any transport method; or
(ii)
goods or passengers, to the extent the document is
relevant to the transaction for their actual or proposed road transport;
(b) each
document—
(i)
contemplated in a contractual document mentioned in
paragraph (a); or
(ii)
required by law, or customarily given, in connection with
a contractual document or transaction mentioned in paragraph (a);
Examples—
• bill of lading
• consignment
note
• container
weight declaration
• contract of
carriage
• delivery order
• export
receival advice
• invoice
• load manifest
• sea carriage
document
• vendor
declaration
Note—
See the definition document in section 12 of Schedule 1.
travel condition has the meaning given by section 154;
tri-axle group means a group of at least 3 axles, in which the horizontal
distance between the centre-lines of the outermost axles is more than 2m but
not more than 3.2m;
truck means a rigid motor vehicle built mainly as a load carrying vehicle;
twinsteer axle group means a group of 2 axles—
(a) with
single tyres; and
(b)
fitted to a motor vehicle; and
(c)
connected to the same steering mechanism; and
(d) the
horizontal distance between the centre-lines of which is at least 1m but not
more than 2m;
two-up driving arrangement , for the purposes of Chapter 6, has the
meaning given by section 221;
unattended , for a heavy vehicle, for the purposes of Chapter 9
Part 3 Division 3, has the meaning given by section 515;
under , for a law or a provision of a law, includes—
(a) by;
and
(b) for
the purposes of; and
(c) in
accordance with; and
(d)
within the meaning of;
unincorporated body includes an unincorporated local government authority, but
does not include an unincorporated partnership;
unincorporated local government authority means a local government authority
that is not a body corporate;
unload and unloader —
A person unloads goods in a heavy vehicle, and is an unloader of goods in a
heavy vehicle, if the person is a person who—
(a)
unloads from the vehicle, or any container that is in or part of the vehicle,
goods that have been transported by road; or
(b)
unloads from the vehicle a freight container, whether or not it contains
goods, that has been transported by road;
unregistered heavy vehicle means a heavy vehicle that is not registered;
unregistered heavy vehicle permit means a permit granted or issued under an
Australian road law authorising the use of an unregistered heavy vehicle on a
road;
use , a heavy vehicle on a road, includes standing the vehicle on the road;
vehicle condition has the meaning given by section 154;
vehicle defect notice means a major defect notice, minor defect notice or
self-clearing defect notice;
vehicle identifier , for the purposes of Chapter 9 Part 3
Division 6, has the meaning given by section 525;
vehicle standards exemption means—
(a) a
vehicle standards exemption (notice); or
(b) a
vehicle standards exemption (permit);
vehicle standards exemption (notice) has the meaning given by
section 61(2);
vehicle standards exemption (permit) has the meaning given by
section 68(2);
VIN (vehicle identification number), for a heavy vehicle, means—
(a) for
a heavy vehicle built before 1 January 1989 that has an identification plate,
the number quoted on the vehicle's identification plate that—
(i)
uniquely identifies the vehicle and sets it apart from
similar vehicles; and
(ii)
corresponds to the identification number of the vehicle
that is permanently recorded elsewhere on the vehicle; or
(b) for
a heavy vehicle built on or after 1 January 1989 that was given an approval
under the Motor Vehicle Standards Act 1989 or is given an approval under
the Road Vehicle Standards (Consequential and Transitional Provisions)
Act 2018 of the Commonwealth, the unique vehicle identification number
assigned to the vehicle—
(i)
at the time the vehicle was manufactured, in accordance
with a third edition ADR; or
(ii)
by the department of government of the Commonwealth in
which the Motor Vehicle Standards Act 1989 was previously administered;
or
(c)
otherwise, the unique number assigned to the heavy vehicle—
(i)
at the time the vehicle was manufactured, in accordance
with an ADR that is a national road vehicle standard under section 12 of
the Road Vehicle Standards Act 2018 ; or
(ii)
by the department of government of the Commonwealth in
which the Road Vehicle Standards Act 2018 is administered;
work , in relation to a fatigue-regulated heavy vehicle, has the meaning given
by section 221;
work and rest change , for the purposes of Chapter 6, has the meaning
given by section 221;
work and rest hours exemption means—
(a) a
work and rest hours exemption (notice); or
(b) a
work and rest hours exemption (permit);
work and rest hours exemption (notice) has the meaning given by
section 266(2);
work and rest hours exemption (permit) has the meaning given by
section 273(2);
work and rest hours option , for the purposes of Chapter 6, has the
meaning given by section 243;
work diary , for the purposes of Chapter 6, has the meaning given by
section 221;
work diary exemption means—
(a) a
work diary exemption (notice); or
(b) a
work diary exemption (permit);
work diary exemption (notice) has the meaning given by section 357(2);
work diary exemption (permit) has the meaning given by section 363(2);
work record , for the purposes of Chapter 6, has the meaning given by
section 221;
work time , for the purposes of Chapter 6, has the meaning given by
section 221;
written work diary , for the purposes of Chapter 6, has the meaning given
by section 221.
6—Meaning of heavy vehicle
(1) For the purposes
of this Law, a vehicle is a heavy vehicle if it has a GVM or ATM of more than
4.5t.
(2) Also, for the
purposes of this Law, a combination that includes a vehicle with a GVM or ATM
of more than 4.5t is a heavy vehicle .
(3) However, rolling
stock is not a heavy vehicle for the purposes of this Law.
(4) In this
section—
rolling stock —
1 Rolling stock is a
vehicle designed to operate or move on a railway track and includes a
locomotive, carriage, rail car, rail motor, light rail vehicle, tram, light
inspection vehicle, self-propelled infrastructure maintenance vehicle,
trolley, wagon or monorail vehicle.
2 A vehicle designed
to operate both on and off a railway track is rolling stock when the vehicle
is being—
(a)
operated or moved on a railway track; or
(b)
maintained, repaired or modified in relation to the operation or movement of
the vehicle on a railway track.
7—Meaning of fatigue-regulated heavy vehicle
(1) For the purposes
of this Law, a heavy vehicle is a fatigue-regulated heavy vehicle if it is any
of the following:
(a) a
motor vehicle with a GVM of more than 12t;
(b) a
combination with a GVM of more than 12t;
(c) a
fatigue-regulated bus.
(2) However, subject
to subsection (3), a heavy vehicle is not a fatigue-regulated heavy
vehicle for the purposes of this Law if it is any of the following:
(i)
is built, or has been modified, to operate primarily as a
machine or implement off-road, on a road-related area, or on an area of road
that is under construction; and
(ii)
is not capable of carrying goods or passengers by road;
Examples for the purposes of paragraph (a)—
agricultural machine, backhoe, bulldozer, excavator, forklift, front-end
loader, grader, motor vehicle registered under an Australian road law as a
special purpose vehicle (type p)
(3) For the purposes
of this Law, a truck, or a combination including a truck, that has a machine
or implement attached to it is a fatigue-regulated heavy vehicle —
(a) if
the GVM of the truck or combination with the attached machine or implement is
more than 12t; and
(b)
whether or not the truck or combination has been built or modified primarily
to operate as a machine or implement off-road, on a road-related area, or on
an area of road that is under construction.
Example for the purposes of subsection (3)—
a truck to which a crane or drilling rig is attached
(4) For the purposes
of subsection (2)(b), a motorhome —
(a) is a
rigid or articulated motor vehicle or combination that is built, or has been
modified, primarily for residential purposes; and
(b) does
not include a motor vehicle that is merely a motor vehicle constructed with a
sleeper berth.
(5) For the purposes
of this section, the GVM of a combination is the total of the GVMs of the
vehicles in the combination.
8—Meaning of road and road-related area
(1) For the purposes
of this Law, a road is an area that is open to or used by the public and is
developed for, or has as 1 of its uses, the driving or riding of motor
vehicles.
Examples of areas that are roads—
bridges, cattle grids, culverts, ferries, fords, railway crossings, tunnels or
viaducts
(2) For the purposes
of this Law, a road-related area is—
(a) an
area that divides a road; or
(b) a
footpath, shared path or nature strip adjacent to a road; or
(c) a
shoulder of a road; or
(d) a
bicycle path or another area that is not a road and that is open to the public
and designated for use by cyclists or animals; or
(e) an
area that is not a road and that is open to, or used by, the public for
driving, riding or parking motor vehicles.
(3) Also, an area is a
road or road-related area for the purposes of this Law or a particular
provision of this Law as applied in a participating jurisdiction, if the area
is declared by a law of that jurisdiction to be a road or road-related area
for the purposes of this Law or the particular provision.
(4) In this
section—
bicycle path means an area open to the public that is designated for, or has
as 1 of its main uses, use by riders of bicycles;
footpath means an area open to the public that is designated for, or has as 1
of its main uses, use by pedestrians;
shared path means an area open to the public that is designated for, or has as
1 of its main uses, use by both the riders of bicycles and pedestrians;
shoulder , of a road—
(a)
includes any part of the road that is not designed to be used by motor
vehicles in travelling along the road; and
(b)
includes—
(i)
for a kerbed road—any part of the kerb; and
(ii)
for a sealed road—any unsealed part of the road,
and any sealed part of the road outside an edge line on the road; but
(c) does
not include a bicycle path, footpath or shared path.
9—Meaning of convicts and convicted of an offence
(1) For the purposes
of this Law, a court convicts a person of an offence if the court finds the
person guilty, or accepts the person's plea of guilty, for the offence whether
or not a conviction is recorded.
(2) For the purposes
of this Law, a person is convicted of an offence if a court convicts the
person of the offence.
10—Interpretation generally
Schedule 1 applies in relation to this Law.
11—References to laws includes references to instruments made under laws
(1) In this Law, a
reference (either generally or specifically) to a law or a provision of a law
(including this Law) includes a reference to—
(a) each
instrument (including a regulation) made or in force under the law or
provision; and
(b) each
instrument made or in force under any such instrument.
(2) In this
section—
law means a law of the Commonwealth or a State or Territory.
12—References to this Law as applied in a participating jurisdiction
In this Law, a reference to this Law as applied by an Act of a participating
jurisdiction includes a reference to—
(a) a
law that substantially corresponds to this Law enacted in a participating
jurisdiction; and
(b) a
law prescribed by the national regulations for the purposes of paragraph
(a)(iii) of the definition participating jurisdiction in section 5,
enacted in a participating jurisdiction.
13—References to road
A reference in this Law to a road includes a reference to a road-related area,
unless a contrary intention appears in this Law.
14—References to particular ADR versions
A reference in this Law to an ADR followed by a number is a reference
to—
(a) if
the reference is to a second edition ADR—the ADR of that number in the
"Australian Design Rules for Motor Vehicle Safety, Second Edition"; or
(b)
otherwise—the ADR of that number referenced in the relevant standard.
15—References to categories of heavy vehicles
If a provision of this Law provides for the exemption, authorisation,
prescription or description of a category of heavy vehicles, heavy vehicles
may, without limitation, be categorised for the purposes of the provision as
being of any stated class, including, for example—
(a) a
class of heavy vehicles used for a particular task; and
(b) a
class of heavy vehicles used by particular persons or a particular class of
persons; and
(c) a
class of heavy vehicles with a particular configuration.
Part 3—Application and operation of Law
16—Extraterritorial operation of Law
It is the intention of the Parliament of this jurisdiction that the operation
of this Law is, as far as possible, to include operation in relation to the
following:
(a)
things situated in or outside the territorial limits of this jurisdiction;
(b)
acts, transactions and matters done, entered into or occurring in or outside
the territorial limits of this jurisdiction;
(c)
things, acts, transactions and matters (wherever situated, done, entered into
or occurring) that would, apart from this Law, be governed or otherwise
affected by the law of another jurisdiction.
17—Law binds the State
(1) This Law binds the
State.
(2) No criminal
liability attaches to the State itself (as distinct from its agents,
instrumentalities, officers and employees) under this Law.
18—Relationship with primary work health and safety laws
(1) If a provision of
this Law and a provision of the primary WHS Law deal with the same thing, and
it is possible to comply with both provisions, a person must comply with both
provisions.
(1a) However, to the
extent it is not possible for the person to comply with both provisions, the
person must comply with the provision of the primary WHS Law.
(2) Evidence of a
relevant contravention of this Law is admissible in any proceeding for an
offence against the primary WHS Law.
(3) Compliance with
this Law, or with any requirement imposed under this Law, is not, in itself,
evidence that a person has complied with the primary WHS Law or any
regulations made under that Law or with a common law duty of care.
(3a) If an act,
omission or circumstances constitute an offence under this Law and the primary
WHS Law, the offender is not liable to be punished twice for the act, omission
or circumstances.
(4) In this
section—
primary WHS Law , for a participating jurisdiction, means the law that is
declared by a law of that jurisdiction to be the primary WHS Law for the
purposes of this Law.
Note—
"WHS" stands for workplace health and safety.
Part 4—Performance based standards
19—Main purpose of this Part
(1) The main purposes
of this Part and other associated provisions of this Law are to enable PBS
vehicles that meet a particular performance level to operate (unless otherwise
specified by the responsible Minister) on roads that are authorised to be used
by PBS vehicles that meet or exceed that performance level.
(2) It is intended
that authorisations or exemptions can be granted under this Law for PBS
vehicles.
20—Notification to road authority of PBS design approval
The Regulator must, as soon as practicable, notify the road authority for this
jurisdiction, in writing, of a PBS design approval, together with a
description of the significant features of the design to which the approval
relates.
21—Notification by responsible Minister of non-application or restricted
application of PBS design approval
(1) The responsible
Minister for this jurisdiction may notify the Regulator in writing that any
heavy vehicle built to a design that is the subject of a PBS design
approval—
(a) is
not to be permitted to operate in this jurisdiction; or
(b) is
only to be permitted to operate in this jurisdiction subject to stated
conditions.
(2) A notice under
this section cannot be about—
(a) a
particular person; or
(b) a
particular heavy vehicle.
(3) A notice under
this section is not valid for the purposes of this Law if it does not set out
reasons for why it has been issued.
(4) On receiving a
notice under this section, the Regulator must give a copy of the notice to the
person who was given the PBS design approval.
(5) On receiving a
notice under this section, the Regulator must accordingly impose on the PBS
design approval—
(a) a
condition giving effect to subsection (1)(a); or
(b) the
stated conditions referred to in subsection (1)(b).
22—Application for PBS design approval
(1) An application for
a PBS design approval for the design of a type of heavy vehicle may be made to
the Regulator.
(2) In assessing the
application, the Regulator must have regard to—
(a) the
approved guidelines relevant to the grant of PBS design approvals; and
(b) any
performance based standards and assessment rules prescribed in the national
regulations for the purposes of this paragraph; and
(c) the
advice of the PBS Review Panel in relation to the application.
(3) Having assessed
the application, the Regulator must approve or reject the application.
(4) The Regulator may
approve the application subject to any condition the Regulator considers
appropriate.
(5) The PBS design
approval must state the conditions (if any) to which it is subject under
subsection (4) or section 21(5).
23—Application for PBS vehicle approval
(1) An application for
a PBS vehicle approval for a heavy vehicle may be made to the Regulator.
(2) In assessing the
application, the Regulator must have regard to—
(a) the
approved guidelines relevant to the grant of PBS vehicle approvals; and
(b) any
vehicle certification rules prescribed in the national regulations for the
purposes of this paragraph; and
(c) the
advice of the PBS Review Panel in relation to the application.
(3) Having assessed
the application, the Regulator must approve or reject the application.
(4) The Regulator may
approve the application subject to conditions included in the PBS design
approval to which the heavy vehicle is built.
(5) The PBS vehicle
approval must state the conditions (if any) to which—
(a) the
PBS vehicle approval is subject under subsection (4); and
(b) the
relevant PBS design approval is subject under section 21(5).
(5a) The PBS vehicle
approval must state the performance level for the approval.
(6) A PBS vehicle
approval cannot be given for a class 1 heavy vehicle.
24—Exemption from stated vehicle standards
(1) A PBS vehicle
approval for a heavy vehicle may provide that the vehicle is exempt from
stated vehicle standards.
(2) Subsection (1)
applies only to vehicle standards of a kind prescribed by the national
regulations for the purposes of this section.
Note—
See section 60(6).
25—Authorisation of different mass or dimension requirement
(1) A PBS vehicle
approval for a heavy vehicle may provide that the vehicle is authorised to
have a mass limit that exceeds a limit that would otherwise apply to the
vehicle under a prescribed mass requirement.
Note—
See section 96(4).
(2) A PBS vehicle
approval for a heavy vehicle may provide that the vehicle is authorised to
have a dimension that exceeds a dimension limit that would otherwise apply to
the vehicle under a prescribed dimension requirement.
Note—
See section 102(4).
25A—Keeping copy of PBS vehicle approval while driving
(1) The driver of a
PBS vehicle must keep a copy of the PBS vehicle approval in the driver's
possession while driving the PBS vehicle.
Maximum penalty: $3 000.
(2) Each relevant
party for a driver mentioned in subsection (1) must ensure the driver
complies with subsection (1), unless the relevant party has a reasonable
excuse.
Maximum penalty: $3 000.
(3) In this
section—
relevant party , for the driver of a PBS vehicle, means—
(a) an
employer of the driver if the driver is an employed driver; or
(b) a
prime contractor of the driver if the driver is a self-employed driver; or
(c) an
operator of the vehicle if the driver is making a journey for the operator.
26—National regulations
The national regulations may provide for—
(a) the
procedures for determining an application for a PBS design approval or a PBS
vehicle approval, including, for example, providing for the time for making a
decision on the application, the fee for the application and forms relating to
the application; and
(b) the
procedures for cancelling or modifying a PBS design approval or PBS vehicle
approval; and
(c)
performance based standards, and assessment and certification rules, relating
to PBS design approvals or PBS vehicle approvals; and
(d) the
appointment, functions and management of persons as PBS assessors and PBS
vehicle certifiers.
Part 1—Principles
26A—Principle of shared responsibility
(1) The safety of
transport activities relating to a heavy vehicle is the shared responsibility
of each party in the chain of responsibility for the vehicle.
(2) The level and
nature of a party's responsibility for a transport activity depends on—
(a) the
functions the person performs or is required to perform, whether exclusively
or occasionally, rather than—
(i)
the person's job title; or
(ii)
the person's functions described in a written contract;
and
(b) the
nature of the public risk created by the carrying out of the transport
activity; and
(c) the
party's capacity to control, eliminate or minimise the risk.
26B—Principles applying to duties
(1) A person may have
more than 1 duty because of the functions the person performs or is required
to perform.
(2) More than 1 person
can concurrently have a duty under this Law and each duty holder must comply
with that duty to the standard required by this Law even if another duty
holder has the same duty.
(3) If more than 1
person has a duty for the same matter, each person—
(a)
retains responsibility for the person's duty in relation to the matter; and
(b) must
discharge the person's duty to the extent to which the person—
(i)
has the capacity to influence and control the matter; or
(ii)
would have had that capacity but for an agreement or
arrangement purporting to limit or remove that capacity.
(4) A duty under this
Law may not be transferred to another person.
Part 2—Nature of duty
26C—Primary duty
(1) Each party in the
chain of responsibility for a heavy vehicle must ensure, so far as is
reasonably practicable, the safety of the party's transport activities
relating to the vehicle.
(2) Without limiting
subsection (1), each party must, so far as is reasonably
practicable—
(a)
eliminate public risks and, to the extent it is not reasonably practicable to
eliminate public risks, minimise the public risks; and
(b)
ensure the party's conduct does not directly or indirectly cause or
encourage—
(i)
the driver of the heavy vehicle to contravene this Law;
or
(ii)
the driver of the heavy vehicle to exceed a speed limit
applying to the driver; or
(iii)
another person, including another party in the chain of
responsibility, to contravene this Law.
(3) For
subsection (2)(b), the party's conduct includes, for example—
(a) the
party asking, directing or requiring another person to do, or not do,
something; and
(b) the
party entering into a contract—
(i)
with another person for the other person to do, or not
do, something; or
(ii)
that purports to annul, exclude, restrict or otherwise
change the effect of this Law.
26D—Duty of executive of legal entity
(1) If a legal entity
has a safety duty, an executive of the legal entity must exercise due
diligence to ensure the legal entity complies with the safety duty.
Maximum penalty: The penalty for a contravention of the provision by an
individual.
(2) The executive may
be convicted of an offence against subsection (1) even if the legal
entity has not been proceeded against for, or convicted of, an offence
relating to the safety duty.
(2a)
Subsection (1) does not apply to an executive of the legal entity acting
on a voluntary basis, whether or not the executive is reimbursed for the
expenses incurred by the executive for carrying out activities for the legal
entity.
(3) In this
section—
due diligence includes taking reasonable steps—
(a) to
acquire, and keep up to date, knowledge about the safe conduct of transport
activities; and
(b) to
gain an understanding of—
(i)
the nature of the legal entity's transport activities;
and
(ii)
the hazards and risks, including the public risk,
associated with those activities; and
(c) to
ensure the legal entity has, and uses, appropriate resources to eliminate or
minimise those hazards and risks; and
(d) to
ensure the legal entity has, and implements, processes—
(i)
to eliminate or minimise those hazards and risks; and
(ii)
for receiving, considering, and responding in a timely
way to, information about those hazards and risks and any incidents; and
(iii)
for complying with the legal entity's safety duties; and
(e) to
verify the resources and processes mentioned in paragraphs (c) and (d) are
being provided, used and implemented;
executive , of a legal entity, means—
(a) for
a corporation—an executive officer of the corporation; or
(b) for
an unincorporated partnership—a partner in the partnership; or
(c) for
an unincorporated body—a management member of the body;
legal entity means—
(a) a
corporation; or
(b) an
unincorporated partnership; or
(c) an
unincorporated body.
26E—Prohibited requests and contracts
(1) A person must not
ask, direct or require (directly or indirectly) the driver of a heavy vehicle
or a party in the chain of responsibility to do or not do something the person
knows, or ought reasonably to know, would have the effect of causing the
driver—
(a) to
exceed a speed limit applying to the driver; or
(b) to
drive a fatigue-regulated heavy vehicle while impaired by fatigue; or
(c) to
drive a fatigue-regulated heavy vehicle while in breach of the driver's work
and rest hours option; or
(d) to
drive a fatigue-regulated heavy vehicle in breach of another law in order to
avoid driving while impaired by fatigue or while in breach of the driver's
work and rest hours option.
Maximum penalty: $10 000.
(2) A person must not
enter into a contract with the driver of a heavy vehicle or a party in the
chain of responsibility that the person knows, or ought reasonably to know,
would have the effect of causing the driver, or would encourage the driver, or
would encourage a party in the chain of responsibility to cause the
driver—
(a) to
exceed a speed limit applying to the driver; or
(b) to
drive a fatigue-regulated heavy vehicle while impaired by fatigue; or
(c) to
drive a fatigue-regulated heavy vehicle while in breach of the driver's work
and rest hours option; or
(d) to
drive a fatigue-regulated heavy vehicle in breach of another law in order to
avoid driving while impaired by fatigue or while in breach of the driver's
work and rest hours option.
Maximum penalty: $10 000.
Note—
See section 632 for the matters a court may consider when deciding
whether a person ought reasonably to have known something.
Part 3—Failing to comply with duty
26F—Category 1 offence
(1) A person commits
an offence if—
(a) the
person has a duty under section 26C; and
(b) the
person, without a reasonable excuse, engages in conduct related to the duty
that exposes an individual to a risk of death or serious injury or illness;
and
(c) the
person is reckless as to the risk.
Maximum penalty:
(a) if
an individual commits the offence—$300 000 or 5 years imprisonment
or both; or
(b) if a
corporation commits the offence—$3 000 000.
(2) The prosecution
bears the burden of proving that the conduct was engaged in without reasonable
excuse.
26G—Category 2 offence
A person commits an offence if—
(a) the
person has a duty under section 26C; and
(b) the
person contravenes the duty; and
(c) the
person's contravention exposes an individual, or class of individuals, to a
risk of death or serious injury or illness.
Maximum penalty:
(a) if
an individual commits the offence—$150 000; or
(b) if a
corporation commits the offence—$1 500 000.
26H—Category 3 offence
A person commits an offence if—
(a) the
person has a duty under section 26C; and
(b) the
person contravenes the duty.
Maximum penalty:
(a) if
an individual commits the offence—$50 000; or
(b) if a
corporation commits the offence—$500 000.
Chapter 3—Vehicle operations—standards and safety
Part 1—Preliminary
58—Main purpose of Chapter 3
The main purpose of this Chapter is to ensure heavy vehicles used on roads are
of a standard and in a condition that prevents or minimises safety risks.
Part 2—Compliance with heavy vehicle standards
Division 1—Requirements
59—Heavy vehicle standards
(1) The national
regulations may prescribe vehicle standards ( heavy vehicle standards ) with
which heavy vehicles must comply to use roads.
(2) Without limiting
subsection (1), the heavy vehicle standards may include requirements
applying to—
(a)
heavy vehicles; or
(b)
components of heavy vehicles, including component vehicles that are not heavy
vehicles; or
(c)
equipment of heavy vehicles.
(3) The national
regulations may prescribe exemptions or different requirements for component
vehicles that are not heavy vehicles.
60—Compliance with heavy vehicle standards
(1) A person must not
use, or permit to be used, on a road a heavy vehicle that contravenes a heavy
vehicle standard applying to the vehicle.
Maximum penalty:
(a)
$3 000, except as provided in paragraph (b); or
(b)
$6 000, for contravention of a heavy vehicle standard relating to a speed
limiter.
(2) Subsection (1)
does not apply to—
(a) a
heavy vehicle that—
(i)
is on a journey to a place for the repair of the vehicle,
or any of its components or equipment, and is travelling on the most direct or
convenient route to that place from the place where the journey began; and
Note for the purposes of subparagraph (i)—
The subparagraph does not operate to exempt a person from complying with the
requirements of a vehicle defect notice applying to the vehicle.
(ii)
does not have any goods in it; and
(iii)
is used on a road in a way that does not pose a safety
risk; or
(b) a
heavy vehicle that—
(i)
is on a road for testing or analysis of the vehicle, or
any of its components or equipment, by an approved vehicle examiner for the
purpose of checking its compliance with the heavy vehicle standards; and
(ii)
does not have any passengers in it; and
(iii)
does not have any goods in it, unless—
(A) it has a quantity of goods that is
necessary or appropriate for the conduct of the testing or analysis; and
(B) without limiting
subparagraph (iv), there are no reasonable grounds to believe the vehicle
laden with those goods poses a significant safety risk; and
(iv)
is used on a road in a way that does not pose a safety
risk.
(3) A person does not
commit an offence against subsection (1) in relation to a heavy vehicle's
noncompliance with a heavy vehicle standard if, and to the extent, the
noncompliance relates to a noncompliance known to the registration authority
for the heavy vehicle at the time the registration authority registered the
vehicle under an Australian road law.
(4) For the purposes
of subsection (3), the registration authority is taken to have known of
the heavy vehicle's noncompliance with a heavy vehicle standard at the time
the registration authority registered the vehicle if the noncompliance was
mentioned in—
(a) an
operations plate that was installed on the vehicle at the time it was
registered; or
(b) a
certificate of approved operations issued for the vehicle and in force at the
time the vehicle was registered; or
(c) a
document obtained by the registration authority under an Australian road law
in connection with the registering of the vehicle.
(5)
Subsection (3) applies only if the heavy vehicle, and its use on a road,
complies with the conditions of the heavy vehicle's registration under an
Australian road law.
(6) If a PBS vehicle
is exempt from vehicle standards stated in its PBS vehicle approval but it
complies with the other applicable vehicle standards, the vehicle is regarded
for the purposes of this Law as complying with the vehicle standards applying
to the vehicle.
Note—
See also section 81(4) to (6) for the effect of a vehicle standards
exemption on compliance with subsection (1).
Division 2—Exemptions by Commonwealth Gazette notice
61—Regulator's power to exempt category of heavy vehicles from
compliance with heavy vehicle standard
(1) The Regulator may,
by Commonwealth Gazette notice complying with section 65, exempt, for a
period of not more than 5 years, a category of heavy vehicles from the
requirement to comply with a heavy vehicle standard.
(2) An exemption under
subsection (1) is a vehicle standards exemption (notice) .
62—Restriction on grant of vehicle standards exemption (notice)
(1) The Regulator may
grant a vehicle standards exemption (notice) for a category of heavy vehicles
only if—
(a) 1 of
the following applies:
(i)
the Regulator is satisfied complying with the heavy
vehicle standard to which the exemption is to apply would prevent heavy
vehicles of that category from operating in the way in which, or for the
purpose for which, the vehicles were built or modified;
(ii)
the Regulator is satisfied heavy vehicles of that
category are experimental vehicles, prototypes or similar vehicles that could
not reasonably be expected to comply with the heavy vehicle standard to which
the exemption is to apply;
(iii)
the exemption has been requested by a road authority for
a participating jurisdiction for the use of heavy vehicles of that category in
that jurisdiction;
(iv)
the category of heavy vehicles consists of heavy vehicles
that, immediately before the commencement of this section in a participating
jurisdiction, were not required to comply with a similar standard at that time
and were—
(A) registered under an Australian road law
of that jurisdiction and not required to comply with a similar standard at
that time; or
(B) operating under an unregistered heavy
vehicle permit or exemption from registration (however described) granted or
issued under an Australian road law of that jurisdiction;
(v)
the category of heavy vehicles consists of heavy vehicles
referred to in the national regulations for the purposes of this subparagraph;
and
(b) the
Regulator is satisfied the use of heavy vehicles of the category to which the
exemption is to apply on a road under the exemption will not pose a
significant safety risk.
(2) In deciding
whether to grant a vehicle standards exemption (notice), the Regulator must
have regard to the approved guidelines for granting vehicle standards
exemptions.
(3) The national
regulations may prescribe additional requirements or restrictions regarding
the granting of a vehicle standards exemption (notice).
63—Conditions of vehicle standards exemption (notice)
A vehicle standards exemption (notice) may be subject to any conditions the
Regulator considers appropriate, including, for example—
(a)
conditions about protecting road infrastructure from damage; and
(b) a
condition that the driver of a heavy vehicle who is driving the vehicle under
the exemption must keep in the driver's possession a copy of—
(i)
the Commonwealth Gazette notice for the exemption; or
(ii)
an information sheet about the exemption published by the
Regulator on the Regulator's website.
64—Period for which vehicle standards exemption (notice) applies
A vehicle standards exemption (notice)—
(a)
takes effect—
(i)
when the Commonwealth Gazette notice for the exemption is
published; or
(ii)
if a later time is stated in the Commonwealth Gazette
notice, at the later time; and
(b)
applies for the period stated in the Commonwealth Gazette notice.
65—Requirements about Commonwealth Gazette notice
(1) A Commonwealth
Gazette notice for a vehicle standards exemption (notice) must state the
following:
(a) the
category of heavy vehicles to which the exemption applies;
(b) the
heavy vehicle standard to which the exemption applies;
(c) the
conditions of the exemption;
(d) the
period for which the exemption applies.
(2) The Regulator must
publish a copy of the Commonwealth Gazette notice on the Regulator's website.
66—Amendment or cancellation of vehicle standards exemption (notice)
(1) Each of the
following is a ground for amending or cancelling a vehicle standards exemption
(notice):
(a) the
use of heavy vehicles on a road under the exemption has caused, or is likely
to cause, a significant safety risk;
(b)
since the exemption was granted, there has been a change in circumstances that
were relevant to the Regulator's decision to grant the exemption and, had the
changed circumstances existed when the exemption was granted, the Regulator
would not have granted the exemption, or would have granted the exemption
subject to conditions or different conditions.
(2) If the Regulator
considers a ground exists to amend or cancel a vehicle standards exemption
(notice), the Regulator may amend or cancel the exemption by complying with
subsections (3) to (5).
(3) The Regulator must
publish a public notice—
(a)
stating that the Regulator believes a ground mentioned in
subsection (1)(a) or (b) for amending or cancelling the exemption exists;
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 exemption—amend the exemption,
including, for example, by imposing additional conditions on the exemption, in
a way that is not substantially different from the proposed action; or
(b) if
the proposed action was to cancel the exemption—
(i)
amend the exemption, including, for example, by imposing
additional conditions on the exemption; or
(ii)
cancel the exemption.
(5) The Regulator must
publish a public notice of the amendment or cancellation.
(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.
67—Immediate suspension on Regulator's initiative
(1) This section
applies if the Regulator considers it is necessary to suspend a vehicle
standards exemption (notice) immediately to prevent or minimise serious harm
to public safety or significant damage to road infrastructure.
(2) The Regulator may,
by public notice, immediately suspend the exemption until the earliest of the
following:
(a) the
end of 56 days after the day the public notice is published;
(b) the
Regulator publishes a notice under section 66(5) and the amendment or
cancellation takes effect under section 66(6);
(c) the
Regulator cancels the suspension by public notice.
(4) The suspension,
and (where relevant) the cancellation of the suspension, takes effect
immediately after the Commonwealth Gazette notice is published under
subsection (3).
(5) This section
applies despite section 66.
Division 3—Exemptions by permit
68—Regulator's power to exempt particular heavy vehicle from compliance
with heavy vehicle standard
(1) The Regulator may,
by giving a person a permit as mentioned in section 73, exempt a heavy
vehicle from compliance with a heavy vehicle standard for a period of not more
than 3 years.
(2) An exemption under
subsection (1) is a vehicle standards exemption (permit) .
(3) A vehicle
standards exemption (permit) may apply to 1 or more heavy vehicles.
69—Application for vehicle standards exemption (permit)
(1) A person may apply
to the Regulator for a vehicle standards exemption (permit).
(2) The application
must be—
(a) in
the approved form; and
(b)
accompanied by the prescribed fee for the application.
(3) The Regulator may,
by notice given to the applicant for a vehicle standards exemption (permit),
require the applicant to give the Regulator any additional information the
Regulator reasonably requires to decide the application.
70—Restriction on grant of vehicle standards exemption (permit)
(1) The Regulator may
grant a vehicle standards exemption (permit) for a heavy vehicle only
if—
(a) 1 of
the following applies:
(i)
the Regulator is satisfied complying with the heavy
vehicle standard to which the exemption is to apply would prevent the heavy
vehicle from operating in the way in which, or for the purpose for which, the
vehicle was built or modified;
(ii)
the Regulator is satisfied the heavy vehicle is an
experimental vehicle, prototype or similar vehicle that could not reasonably
be expected to comply with the heavy vehicle standard to which the exemption
is to apply;
(iii)
the heavy vehicle, immediately before the commencement of
this section in a participating jurisdiction, was not required to comply with
a similar standard at that time and was—
(A) registered under an Australian road law
of that jurisdiction; or
(B) operating under an unregistered heavy
vehicle permit or exemption from registration (however described) granted or
issued under an Australian road law of that jurisdiction; and
(b) the
Regulator is satisfied the use of the heavy vehicle on a road under the
exemption will not pose a significant safety risk.
(2) In deciding
whether to grant a vehicle standards exemption (permit), the Regulator must
have regard to the approved guidelines for granting vehicle standards
exemptions.
71—Conditions of vehicle standards exemption (permit)
A vehicle standards exemption (permit) may be subject to any conditions the
Regulator considers appropriate, including, for example, a condition about
protecting road infrastructure from damage.
72—Period for which vehicle standards exemption (permit) applies
(1) A vehicle
standards exemption (permit) applies for the period stated in the permit for
the exemption.
(2) The period may be
less than the period sought by the applicant for the vehicle standards
exemption (permit).
73—Permit for vehicle standards exemption (permit) etc
(1) If the Regulator
grants a vehicle standards exemption (permit) to a person, the Regulator must
give the person—
(a) a
permit for the exemption; and
(b) if
the Regulator's decision to grant the exemption for a period or impose a
condition on the exemption is a reviewable decision—a notice stating the
review and appeal information for the decision.
Note—
Under section 641(6)(a), this notice must also state particular
information about obtaining a statement of reasons for the decision.
(2) A permit for a
vehicle standards exemption (permit) must state the following:
(a) the
name of the person to whom the permit is given;
(b) each
heavy vehicle to which the exemption applies, including the registration
number of the vehicle if known when the permit is given;
(c) the
heavy vehicle standard to which the exemption applies;
(d) the
conditions of the exemption;
(e) the
period for which the exemption applies.
74—Refusal of application for vehicle standards exemption (permit)
If the Regulator refuses an application for a vehicle standards exemption
(permit), the Regulator must give the applicant an information notice for the
decision to refuse the application.
75—Amendment or cancellation of vehicle standards exemption (permit) on
application by permit holder
(1) The holder of a
permit for a vehicle standards exemption (permit) may apply to the Regulator
for an amendment or cancellation of the exemption.
(2) The application
must—
(a) be
in the approved form; and
(b) be
accompanied by the prescribed fee for the application; and
(c) if
the application is for an amendment—state clearly the amendment sought
and the reasons for the amendment; and
(d) be
accompanied by the permit.
(3) The Regulator may,
by notice given to the applicant, require the applicant to give the Regulator
any additional information the Regulator reasonably requires to decide the
application.
(4) The Regulator must
decide the application as soon as practicable after receiving it.
(5) If the Regulator
decides to grant the application—
(a) the
Regulator must give the applicant notice of the decision; and
(b) the
amendment or cancellation takes effect—
(i)
when notice of the decision is given to the applicant; or
(ii)
if a later time is stated in the notice, at the later
time; and
(c) if
the Regulator amended the exemption, the Regulator must give the applicant a
replacement permit for the exemption as amended.
(6) If the Regulator
decides not to amend or cancel the exemption as sought by the applicant, the
Regulator must—
(a) give
the applicant an information notice for the decision; and
(b)
return the permit for the exemption to the applicant.
76—Amendment or cancellation of vehicle standards exemption (permit) on
Regulator's initiative
(1) Each of the
following is a ground for amending or cancelling a vehicle standards exemption
(permit):
(a) the
exemption was granted because of a document or representation that was—
(i)
false or misleading; or
(ii)
obtained or made in an improper way;
(b) the
holder of the permit for the exemption has contravened a condition of the
exemption;
(c) the
use of a heavy vehicle on a road under the exemption has caused, or is likely
to cause, a significant safety risk;
(d)
since the exemption was granted, there has been change in the circumstances
that were relevant to the Regulator's decision to grant the exemption and, had
the changed circumstances existed when the exemption was granted, the
Regulator would not have granted the exemption, or would have granted the
exemption subject to conditions or different conditions.
(2) If the Regulator
considers a ground exists to amend or cancel a vehicle standards exemption
(permit) (the proposed action ), the Regulator must give the holder of the
permit for the exemption a notice—
(a)
stating the proposed action; and
(b)
stating the ground for the proposed action; and
(c)
outlining the facts and circumstances forming the basis for the ground; and
(d) if
the proposed action is to amend the exemption (including a condition of the
exemption)—stating the proposed amendment; and
(e)
inviting the holder to make, within a stated time of at least 14 days
after the notice is given to the holder, written representations about why the
proposed action should not be taken.
(3) If, after
considering all written representations made under subsection (2)(e), the
Regulator still considers a ground exists to take the proposed action, the
Regulator may—
(a) if
the proposed action was to amend the exemption—amend the exemption,
including, for example, by imposing additional conditions on the exemption, in
a way that is not substantially different from the proposed action; or
(b) if
the proposed action was to cancel the exemption—
(i)
amend the exemption, including, for example, by imposing
additional conditions on the exemption; or
(ii)
cancel the exemption.
(4) The Regulator must
give the holder an information notice for the decision to amend or cancel the
exemption.
(5) The amendment or
cancellation takes effect—
(a) when
the information notice is given to the holder; or
(b) if a
later time is stated in the information notice, at the later time.
77—Immediate suspension on Regulator's initiative
(1) This section
applies if the Regulator considers it is necessary to suspend a vehicle
standards exemption (permit) immediately to prevent or minimise serious harm
to public safety or significant damage to road infrastructure.
(2) The Regulator may,
by notice ( immediate suspension notice ) given to the person to whom the
permit was given, immediately suspend the exemption until the earliest of the
following:
(a) the
Regulator gives the person an information notice under section 76(4) and
the amendment or cancellation takes effect under section 76(5);
(b) the
Regulator cancels the suspension;
(c) the
end of 56 days after the day the immediate suspension notice is given to the
person.
(3) This section
applies despite sections 75 and 76.
78—Minor amendment of vehicle standards exemption (permit)
The Regulator may, by notice given to the holder of a permit for a vehicle
standards exemption (permit), amend the exemption in a minor respect—
(a) for
a formal or clerical reason; or
(b) in
another way that does not adversely affect the holder's interests.
79—Return of permit
(1) If a person's
vehicle standards exemption (permit) is amended or cancelled, the Regulator
may, by notice, require the person to return the person's permit for the
exemption to the Regulator.
(2) The person must
comply with the notice within 7 days after the notice is given to the
person or, if a longer period is stated in the notice, within the longer
period.
Maximum penalty: $4 000.
(3) If the exemption
has been amended, the Regulator must give the person a replacement permit for
the exemption as amended.
80—Replacement of defaced etc permit
(1) If a person's
permit for a vehicle standards exemption (permit) is defaced, destroyed, lost
or stolen, the person must, as soon as reasonably practicable after becoming
aware of the matter, apply to the Regulator for a replacement permit.
Maximum penalty: $4 000.
(2) If the Regulator
is satisfied the permit has been defaced, destroyed, lost or stolen, the
Regulator must give the person a replacement permit as soon as practicable.
(3) If the Regulator
decides not to give the person a replacement permit, the Regulator must give
the person an information notice for the decision.
(4) Subsection (1)
does not apply to a vehicle standards exemption (permit) for which an
application to cancel the permit has been made and is pending determination.
Division 4—Operating under vehicle standards exemption
81—Contravening condition of vehicle standards exemption
(1) A person must not
contravene a condition of a vehicle standards exemption.
Maximum penalty: $4 000.
(2) A person must not
use, or permit to be used, on a road a heavy vehicle that contravenes a
condition of a vehicle standards exemption applying to the vehicle.
Maximum penalty: $4 000.
(3) A person must not
use a heavy vehicle, or permit a heavy vehicle to be used, on a road in a way
that contravenes a condition of a vehicle standards exemption applying to the
vehicle.
Maximum penalty: $4 000.
(4) A person does not
commit an offence against this Law in relation to a heavy vehicle contravening
a heavy vehicle standard if—
(a) the
heavy vehicle is exempt, under a vehicle standards exemption, from compliance
with the heavy vehicle standard; and
(b) the
heavy vehicle, and its use on a road, complies with the conditions of the
exemption.
(5) However, if a
person commits a condition offence in relation to the exemption—
(a) the
exemption does not operate in the person's favour while the contravention
constituting the offence continues; and
(b) the
exemption must be disregarded in deciding whether the person has committed an
offence in relation to a contravention of a heavy vehicle standard applying to
a heavy vehicle.
(6) If, because of the
operation of subsection (5), a person commits an offence against a
provision of this Law (the other offence provision ) in relation to a heavy
vehicle standard to which the exemption applies, the person—
(a) may
be charged with the condition offence or an offence against the other offence
provision; but
(b) must
not be charged with both offences.
(7) Subsection (1)
does not apply to a condition mentioned in section 82(1).
(8) In this
section—
condition offence means an offence against subsection (1), (2) or (3).
82—Keeping relevant document while driving under vehicle standards
exemption (notice)
(1) This section
applies if a vehicle standards exemption (notice) is subject to the condition
that the driver of a heavy vehicle who is driving the vehicle under the
exemption must keep a relevant document in the driver's possession.
(2) A driver of the
heavy vehicle who is driving the vehicle under the vehicle standards exemption
(notice) must comply with the condition.
Maximum penalty: $3 000.
(3) Each relevant
party for a driver mentioned in subsection (2) must ensure the driver
complies with subsection (2), unless the relevant party has a reasonable
excuse.
Maximum penalty: $3 000.
(7) In this
section—
relevant document , for a vehicle standards exemption (notice), means a copy
of—
(a) the
Commonwealth Gazette notice for the exemption; or
(b) an
information sheet about the exemption published by the Regulator on the
Regulator's website;
relevant party , for the driver of a heavy vehicle, means—
(a) an
employer of the driver if the driver is an employed driver; or
(b) a
prime contractor of the driver if the driver is a self-employed driver; or
(c) an
operator of the vehicle if the driver is making a journey for the operator.
83—Keeping copy of permit while driving under vehicle standards
exemption (permit)
(1) The driver of a
heavy vehicle who is driving the vehicle under a vehicle standards exemption
(permit) must keep a copy of the permit for the exemption in the driver's
possession.
Maximum penalty: $3 000.
(2) If the driver of a
heavy vehicle is driving the vehicle under a vehicle standards exemption
(permit) granted to a relevant party for the driver and the relevant party has
given the driver a copy of a permit for the purpose of subsection (1),
the driver must, as soon as reasonably practicable, return the copy to the
relevant party if the driver stops working for the relevant party.
Maximum penalty: $3 000.
(3) Each relevant
party for a driver mentioned in subsection (2) must ensure the driver
complies with subsection (2), unless the relevant party has a reasonable
excuse.
Maximum penalty: $3 000.
(7) In this
section—
relevant party , for the driver of a heavy vehicle, means—
(a) an
employer of the driver if the driver is an employed driver; or
(b) a
prime contractor of the driver if the driver is a self-employed driver; or
(c) an
operator of the vehicle if the driver is making a journey for the operator.
Part 3—Modifying heavy vehicles
84—Definition for Chapter 3 Part 3
In this Part—
modification , of a heavy vehicle, means—
(a) the
addition of a component to, or the removal of a component from, the vehicle;
or
(b) a
change to the vehicle from the manufacturer's specification for the vehicle,
but does not include a modification to the vehicle that has been approved
under the Road Vehicle Standards Act 2018 , item 16(2) of
Schedule 3 to the Road Vehicle Standards (Consequential and Transitional
Provisions) Act 2018 of the Commonwealth or the Motor Vehicle Standards
Act 1989 before the repeal of that Act.
85—Modifying heavy vehicle requires approval
(1) A person must not
modify a heavy vehicle unless the modification has been approved by—
(a) an
approved vehicle examiner under section 86; or
(b) the
Regulator under section 87.
Maximum penalty: $3 000.
(2) A person must not
use, or permit to be used, on a road a heavy vehicle that has been modified
unless the modification has been approved by—
(a) an
approved vehicle examiner under section 86; or
(b) the
Regulator under section 87.
Maximum penalty: $3 000.
(3) This section does
not apply to a modification that complies with a code of practice prescribed
by the national regulations for the purposes of this section, section 86
or 87 that expressly states that a modification of that type does not require
approval.
(4) A modification is
taken to have been approved by an approved vehicle examiner under
section 86 if—
(a) the
modification has been authorised under an Australian road law of a
non-participating jurisdiction; and
(b) a
modification plate or label is fitted or affixed to a conspicuous part of the
vehicle; and
(c) the
modification plate or label indicates that the modification complies with a
code of practice prescribed by the national regulations for the purposes of
section 86.
(5) In this
section—
authorised includes approved and permitted;
modification plate or label means a plate or label that is stamped, engraved
or marked so as to display information that relates to a modification;
non-participating jurisdiction has the meaning given by section 221.
86—Approval of modifications by approved vehicle examiners
(1) An approved
vehicle examiner may, if authorised to do so under the national regulations,
approve a modification of a heavy vehicle if, and only if, the modification
complies with a code of practice prescribed by the national regulations for
the purposes of this section.
(2) If an approved
vehicle examiner approves a modification of a heavy vehicle, the examiner
must—
(a) give
a certificate approving the modification, in the approved form, to—
(i)
the registered operator of the vehicle; or
(ii)
if there is no registered operator of the
vehicle—an owner of the vehicle; and
(b)
ensure a plate or label that complies with subsection (3) is fitted or
affixed to a conspicuous part of the vehicle.
Maximum penalty: $3 000.
(3) For the purposes
of subsection (2)(b), a plate or label complies with this subsection
if—
(a) it
is of a type approved by the Regulator; and
(b) it
is stamped, engraved or marked so as to display information that relates to
the modification and that is—
(i)
approved by the Regulator; or
(ii)
prescribed by the national regulations for the purposes
of this section.
87—Approval of modification by Regulator
(1) The Regulator may
approve a modification of a heavy vehicle if the Regulator is satisfied—
(a) the
use on a road of the modified vehicle will not pose a significant safety risk;
and
(b) as
to either or both of the following (as relevant)—
(i)
the modified vehicle will comply with applicable noise
and emission standards prescribed by national regulations, except as provided
by subparagraph (ii);
(ii)
the Regulator has exempted the modified vehicle from a
noise or emission standard referred to in subparagraph (i) and the
Regulator is satisfied that the modified vehicle complies with the
requirements of the exemption.
(2) Subsection (1)
applies whether or not the modification complies with a code of practice
prescribed by the national regulations prescribed for the purposes of this
section.
(3) If the Regulator
approves a modification of a heavy vehicle, the Regulator must—
(a) give
a certificate approving the modification, in the approved form, to—
(i)
the registered operator of the vehicle; or
(ii)
if there is no registered operator of the
vehicle—an owner of the vehicle; and
(b)
ensure a plate or label that complies with subsection (4) is fitted or
affixed to a conspicuous part of the vehicle.
(4) For the purposes
of subsection (3)(b), a plate or label complies with this subsection
if—
(a) it
is of a type approved by the Regulator; and
(b) it
is stamped, engraved or marked so as to display information that relates to
the modification and that is—
(i)
approved by the Regulator; or
(ii)
prescribed by the national regulations for the purposes
of this section.
87A—Person must not tamper with plate or label
(1) A person must not
tamper with a plate or label fitted or affixed to a heavy vehicle under
section 86(2) or 87(3).
Maximum penalty: $3 000.
(2) In a proceeding
for an offence against subsection (1), it is a defence for the person to
prove that the tampering was done with the written approval of the Regulator.
(3) In this
section—
tamper means alter, damage, remove or otherwise interfere with.
88—National regulations for heavy vehicle modification
The national regulations may provide for any matter relating to the
modification of heavy vehicles.
Part 4—Other offences
89—Safety requirement
(1) A person must not
use, or permit to be used, on a road a heavy vehicle that is unsafe.
Maximum penalty: $6 000.
(2) For the purposes
of subsection (1), a heavy vehicle is unsafe only if the condition of the
vehicle, or any of its components or equipment—
(a)
makes the use of the vehicle unsafe; or
(b)
endangers public safety.
(3) Subsection (1)
does not apply to a heavy vehicle for which a vehicle defect notice is in
force and that is being moved in accordance with the terms of the notice.
90—Requirement about properly operating emission control system
(1) A person must not
use, or permit to be used, on a road a heavy vehicle that is not fitted with
an emission control system for each relevant emission if and as required by an
applicable heavy vehicle standard.
Maximum penalty: $3 000.
(2) A person must not
use, or permit to be used, on a road a heavy vehicle fitted with an emission
control system that is not operating in accordance with the manufacturer's
design.
Maximum penalty: $3 000.
(3) A person must not
use, or permit to be used, on a road a heavy vehicle fitted with an emission
control system if the operation of the system results in a failure to comply
with an applicable heavy vehicle standard (whether in relation to the vehicle
or in relation to the system).
Maximum penalty: $3 000.
(4) Subsections (2)
and (3) do not apply to a heavy vehicle that—
(a) is
on a journey to a place for the repair of the emission control system or any
of the vehicle's components or equipment that affect the operation of the
emission control system; and
(b) is
travelling on the most direct or convenient route to that place from the place
where the journey began.
(5) The national
regulations may prescribe testing standards for relevant emissions from heavy
vehicles.
(6) In this
section—
emission control system means a device or system fitted to a heavy vehicle
that reduces the emission of a relevant emission from the vehicle.
91—Person must not tamper with emission control system fitted to heavy
vehicle
(1) A person must not
tamper with an emission control system fitted to a heavy vehicle.
Maximum penalty: $10 000.
(2) An operator of a
heavy vehicle must not use or permit the vehicle to be used on a road if the
vehicle is fitted with an emission control system that the operator knows or
ought reasonably to know has been tampered with in contravention of
subsection (1).
Maximum penalty: $10 000.
(3) Subsection (1)
does not apply to—
(a)
conduct associated with repairing a malfunctioning emission control system or
maintaining an emission control system; or
(b) an
authorised officer when exercising functions under this Law.
(4) Subsection (2)
does not apply to a heavy vehicle that—
(a) is
on a journey to a place for the repair of the emission control system or any
of the vehicle's components or equipment that affect the operation of the
emission control system; and
(b) is
travelling on the most direct or convenient route to that place from the place
where the journey began.
(7) In this
section—
emission control system means a device or system fitted to a heavy vehicle
that reduces the emission of a relevant emission from the vehicle;
tamper , with an emission control system fitted to a heavy vehicle, means
alter, damage, remove, override or otherwise interfere with—
(a) the
system in a way that renders the system totally ineffective or less effective
than as provided by an applicable heavy vehicle standard or (in the absence of
an applicable heavy vehicle standard) as designed; or
(b) the
vehicle or any component of the vehicle in a way that renders the system
totally ineffective or less effective than as provided by an applicable heavy
vehicle standard or (in the absence of an applicable heavy vehicle standard)
as designed.
92—Display of warning signs required by heavy vehicle standards on
vehicles to which the requirement does not apply
(1) This section
applies if, under the heavy vehicle standards, a warning sign is required to
be displayed on a heavy vehicle of a particular type, size or configuration.
(2) A person must not
use, or permit to be used, on a road a heavy vehicle that has the warning sign
displayed on it unless the vehicle is of the particular type, size or
configuration.
Maximum penalty: $3 000.
(3) In this
section—
warning sign means a sign indicating that the vehicle to which it is attached
is of a particular type, size or configuration.
Example of warning sign—
A sign (consisting of 1 or more parts) showing the words "LONG VEHICLE" or
"ROAD TRAIN".
93—Person must not tamper with speed limiter fitted to heavy vehicle
(1) A person must not
tamper with a speed limiter that is required under an Australian road law or
by order of an Australian court to be, and is, fitted to a heavy vehicle.
Maximum penalty: $10 000.
(2) A person must not
fit, or direct the fitting of, a speed limiter to a heavy vehicle in
circumstances where the person knows or ought reasonably to know that the
speed limiter has been tampered with in such a way that, had it been fitted to
the vehicle at the time of the tampering, an offence would have been committed
against subsection (1).
Maximum penalty: $10 000.
(3) An operator of a
heavy vehicle must not use or permit the vehicle to be used on a road if the
operator knows, or ought reasonably to know, that a speed limiter fitted to
the vehicle, as required under an Australian road law or by order of an
Australian court, has been tampered with in contravention of
subsection (1) or fitted to the vehicle in contravention of
subsection (2).
Maximum penalty: $10 000.
(4) Subsections (1)
and (2) do not apply to—
(a)
conduct associated with repairing a malfunctioning speed limiter or
maintaining a speed limiter; or
(b) an
authorised officer when exercising functions under this Law.
(5) Subsection (3)
does not apply to a heavy vehicle that—
(a) is
on a journey to a place for the repair of the speed limiter or any of the
vehicle's components or equipment that affect the operation of the speed
limiter; and
(b) is
travelling on the most direct or convenient route to that place from the place
where the journey began.
(6) Subsection (3)
applies whether or not a person has been proceeded against or found guilty of
an offence against subsection (1) or (2) in relation to the tampering.
(9) In this
section—
speed limiter means a device or system that is used to limit the maximum road
speed of a heavy vehicle to which it is fitted and that complies with any
applicable heavy vehicle standard;
tamper , with a speed limiter fitted to a heavy vehicle, means alter, damage,
remove, override or otherwise interfere with the speed limiter in a way
that—
(a)
enables the vehicle to be driven at a speed higher than the speed permitted by
an applicable heavy vehicle standard; or
(b)
alters, or may alter, any information recorded by the speed limiter; or
(c)
results, or may result, in the speed limiter recording inaccurate information.
Chapter 4—Vehicle operations—mass, dimension and loading
Part 1—Preliminary
94—Main purposes of Chapter 4
(1) The main purposes
of this Chapter are—
(a) to
improve public safety by decreasing risks to public safety caused by
excessively loaded or excessively large heavy vehicles; and
(b) to
minimise any adverse impact of excessively loaded or excessively large heavy
vehicles on road infrastructure or public amenity.
(2) The purposes are
achieved by—
(a)
imposing mass requirements for heavy vehicles, particular components of heavy
vehicles, and loads on heavy vehicles; and
(b)
imposing dimension requirements on heavy vehicles including on the vehicles
(together with equipment), components or loads; and
(c)
imposing requirements about securing loads on heavy vehicles; and
(d)
restricting access to roads by heavy vehicles of a particular mass, size or
configuration even if the vehicles comply with the mass requirements,
dimension requirements and other requirements mentioned in paragraphs (a) to
(c).
(3) However, this
Chapter recognises that the use of particular heavy vehicles that do not
comply with the mass requirements, dimension requirements and other
requirements mentioned in subsection (2)(a) to (c) may be permitted on
roads in particular circumstances and subject to particular conditions—
(a) to
allow for—
(i)
the efficient road transport of goods or passengers by
heavy vehicles; or
(ii)
the efficient use of large heavy vehicles that are
transporting neither goods nor passengers and need to use roads for special
uses; and
(b)
without compromising the achievement of the purposes.
Part 2—Mass requirements
Division 1—Requirements
95—Prescribed mass requirements
(1) The national
regulations may prescribe requirements (the prescribed mass requirements )
about the following:
(a) the
mass of heavy vehicles;
(b) the
mass of components of heavy vehicles.
(2) Without limiting
subsection (1), the prescribed mass requirements may include the
following:
(a)
requirements about mass limits relating to—
(i)
the tare mass of heavy vehicles; or
(ii)
the mass of heavy vehicles together with their loads; or
(iii)
the mass on tyres, axles or axle groups of heavy
vehicles;
(b)
requirements about mass limits relating to axle spacing;
(c)
general mass limits applying to heavy vehicles or components of heavy
vehicles.
(3) Also, without
limiting subsection (1) or (2), the prescribed mass requirements
may—
(a)
include mass limits that are to apply only to particular areas or routes; and
(b)
authorise or require the Regulator to decide the areas or routes to which the
mass limits are to apply.
(4) The national
regulations may prescribe requirements (that are not prescribed mass
requirements) about the use on roads of heavy vehicles under particular mass
limits, including, for example—
(a) a
requirement that drivers of heavy vehicles using the vehicles under mass
limits applying only to particular areas or routes decided by the Regulator
must comply with conditions on the use of heavy vehicles on roads under the
mass limits imposed by the Regulator (including conditions required by road
managers for the roads); and
(b) a
requirement that drivers of heavy vehicles who are driving the vehicles under
particular mass limits must carry particular documents; and
(c) a
requirement that a particular document or other thing must be displayed on
heavy vehicles used under particular mass limits.
(5) In this
section—
tare mass , of a heavy vehicle, means the mass of the vehicle that—
(a) is
ready for service; and
(b) is
fitted with all standard equipment, together with any options that are fitted;
and
(c) is
unoccupied and unladen; and
(d) has
all fluid reservoirs (other than for fuel) filled to nominal capacity; and
(e) has
10 litres of fuel in the fuel reservoir or reservoirs (but excluding any
loaded fuel in excess of 10 litres).
96—Compliance with mass requirements
(1) A person who
drives, or permits another person to drive, a heavy vehicle on a road must
ensure the vehicle, and the vehicle's components and load, comply with the
mass requirements applying to the vehicle, unless the person has a reasonable
excuse.
Maximum penalty:
(a) for
a minor risk breach—$4 000; or
(b) for
a substantial risk breach—$6 000; or
(c) for
a severe risk breach—$10 000, plus an additional maximum $500 for
every additional 1% over a 120% overload (but so that the additional maximum
penalty does not exceed $20 000).
(4) If a PBS vehicle
is authorised by its PBS vehicle approval to have a mass limit that exceeds a
limit that would otherwise apply to the vehicle under a prescribed mass
requirement, the authorised limit is taken to be the applicable limit, and the
vehicle is regarded for the purposes of this Law as complying with the
prescribed mass requirement.
(5) This section does
not apply to a specified PBS vehicle as defined in section 136(2).
Note—
If a specified PBS vehicle does not comply with the mass requirements applying
to the vehicle, it would be a class 2 heavy vehicle and could be dealt
with under section 137.
Division 2—Categories of breaches of mass requirements
97—Definitions for Division 2
In this Division—
severe risk breach lower limit , for a particular mass requirement applying to
a heavy vehicle, means a mass equalling 120% of the maximum mass (rounded up
to the nearest 0.1t) permitted for the vehicle under that mass requirement;
substantial risk breach lower limit , for a particular mass requirement
applying to a heavy vehicle, means the higher of the following:
(a) a
mass equalling 105% of the maximum mass (rounded up to the nearest 0.1t)
permitted for the vehicle under that mass requirement;
(b)
0.5t.
98—Minor risk breach
A contravention of a mass requirement applying to a heavy vehicle is a minor
risk breach if the subject matter of the contravention is less than the
substantial risk breach lower limit for the requirement.
99—Substantial risk breach
A contravention of a mass requirement applying to a heavy vehicle is a
substantial risk breach if the subject matter of the contravention is—
(a)
equal to or greater than the substantial risk breach lower limit for the
requirement; and
(b) less
than the severe risk breach lower limit for the requirement.
100—Severe risk breach
A contravention of a mass requirement applying to a heavy vehicle is a severe
risk breach if the subject matter of the contravention is equal to or greater
than the severe risk breach lower limit for the requirement.
Part 3—Dimension requirements
Division 1—Requirements
101—Prescribed dimension requirements
(1) The national
regulations may prescribe requirements (the prescribed dimension requirements
) about the following:
(a) the
dimensions of a heavy vehicle (together with its equipment);
(b) the
dimensions of a component of a heavy vehicle;
(c) the
dimensions of a heavy vehicle's load.
(2) Without limiting
subsection (1), the prescribed dimension requirements may include
requirements about the following:
(a) the
dimensions of a heavy vehicle (together with its equipment) disregarding its
load;
(b) the
dimensions of a heavy vehicle together with its equipment and load;
(c) the
dimensions by which a heavy vehicle's load projects from the vehicle;
(d) the
internal measurements of a heavy vehicle, including, for example—
(i)
the distance between components of the vehicle; and
(ii)
for a combination, the distance between—
(A) the component vehicles of the
combination; or
(B) a component vehicle of the combination
and a component of another component vehicle of the combination.
(3) The national
regulations may also prescribe requirements (that are not prescribed dimension
requirements) about the use of a vehicle to which a dimension requirement
applies, including, for example, requirements about the use of signs and
warning devices.
102—Compliance with dimension requirements
(1) A person who
drives, or permits another person to drive, a heavy vehicle on a road must
ensure the vehicle, and the vehicle's components and load, comply with the
dimension requirements applying to the vehicle, unless the person has a
reasonable excuse.
Maximum penalty:
(a) if
the heavy vehicle does not have goods or passengers in it—$3 000;
or
(b) if
the heavy vehicle has goods or passengers in it—
(i)
for a minor risk breach—$3 000; or
(ii)
for a substantial risk breach—$5 000; or
(iii)
for a severe risk breach—$10 000.
(4) If a PBS vehicle
is authorised by its PBS vehicle approval to have a dimension that exceeds a
dimension limit that would otherwise apply to the vehicle under a prescribed
dimension requirement, the authorised dimension is taken to be the applicable
dimension, and the vehicle is regarded for the purposes of this Law as
complying with the prescribed dimension requirement.
Division 2—Categories of breaches of dimension requirements
103—Application of Division 2
This Division applies to a heavy vehicle only while it is carrying goods or
passengers.
104—Definitions for Division 2
In this Division—
severe risk breach lower limit means—
(a) for
a particular dimension requirement applying to a heavy vehicle relating to its
length—the length equalling the maximum length permitted for the vehicle
under the dimension requirement plus 600mm; or
(b) for
a particular dimension requirement applying to a heavy vehicle relating to its
width—the width equalling the maximum width permitted for the vehicle
under the dimension requirement plus 80mm; or
(c) for
a particular dimension requirement applying to a heavy vehicle relating to its
height—the height equalling the maximum height permitted for the vehicle
under the dimension requirement plus 300mm; or
(d) for
a particular dimension requirement applying to a heavy vehicle relating to its
load projection—the projection of the vehicle's load equalling the
maximum load projection permitted from any side of the vehicle under the
dimension requirement plus 80mm;
substantial risk breach lower limit means—
(a) for
a particular dimension requirement applying to a heavy vehicle relating to its
length—the length equalling the maximum length permitted for the vehicle
under the dimension requirement plus 350mm; or
(b) for
a particular dimension requirement applying to a heavy vehicle relating to its
width—the width equalling the maximum width permitted for the vehicle
under the dimension requirement plus 40mm; or
(c) for
a particular dimension requirement applying to a heavy vehicle relating to its
height—the height equalling the maximum height permitted for the vehicle
under the dimension requirement plus 150mm; or
(d) for
a particular dimension requirement applying to a heavy vehicle relating to its
load projection—the projection of the vehicle's load equalling the
maximum load projection permitted from any side of the vehicle under the
dimension requirement plus 40mm.
105—Minor risk breach
A contravention of a dimension requirement applying to a heavy vehicle is a
minor risk breach if—
(a) the
dimension requirement relates to the vehicle's ground clearance; or
(b) for
a contravention of any other dimension requirement—the subject matter of
the contravention is less than the substantial risk breach lower limit for the
requirement.
Note—
See also section 108(2).
106—Substantial risk breach
(1) A contravention of
a dimension requirement applying to a heavy vehicle is a substantial risk
breach if—
(a) the
subject matter of the contravention is—
(i)
equal to or greater than a substantial risk breach lower
limit for the requirement; and
(ii)
less than the severe risk breach lower limit for the
requirement; or
(b) the
requirement is a substantial risk breach of a dimension requirement under
subsection (2) or (3).
(2) A contravention of
a dimension requirement applying to a heavy vehicle relating to its length is
a substantial risk breach if—
(a) the
contravention would only be a minor risk breach of the dimension requirement
if this subsection were not enacted; and
(b)
either—
(i)
the rear of the vehicle's load does not carry a sign or
warning device required by the national regulations; or
(ii)
the vehicle's load projects in a way that is dangerous to
persons or property.
(3) A contravention of
a dimension requirement applying to a heavy vehicle relating to its width is a
substantial risk breach if—
(a) the
contravention would only be a minor risk breach of the dimension requirement
if this subsection were not enacted; and
(b) the
contravention happens—
(i)
at night; or
(ii)
in hazardous weather conditions causing reduced
visibility.
Note—
See also section 108(3).
107—Severe risk breach
(1) A contravention of
a dimension requirement applying to a heavy vehicle is a severe risk breach
if—
(a) the
subject matter of the contravention is equal to or greater than the severe
risk breach lower limit for the dimension requirement; or
(b) the
contravention is a severe risk breach of the dimension requirement under
subsection (2) or (3).
(2) A contravention of
a dimension requirement applying to a heavy vehicle relating to its length is
a severe risk breach if—
(a) the
contravention would only be a substantial risk breach of the dimension
requirement as provided by section 106(1)(a) if this subsection were not
enacted; and
(b)
either—
(i)
the rear of the vehicle's load does not carry a sign or
warning device required by the national regulations; or
(ii)
the vehicle's load projects from it in a way that is
dangerous to persons or property.
(3) A contravention of
a dimension requirement applying to a heavy vehicle relating to its width is a
severe risk breach if—
(a) the
contravention would only be a substantial risk breach of the dimension
requirement as provided by section 106(1)(a) if this subsection were not
enacted; and
(b)
either—
(i)
the contravention happens—
(A) at night; or
(B) in hazardous weather conditions causing
reduced visibility; or
(ii)
the vehicle's load projects from it in a way that is
dangerous to persons or property.
Division 3—Other provisions relating to load projections
108—Dangerous projections taken to be contravention of dimension
requirement
(1) This section
applies if a heavy vehicle's load projects in a way that is dangerous to
persons or property even if all dimension requirements, and all warning and
other requirements prescribed by the national regulations, are met.
(2) The projection of
the load is taken to be—
(a) a
contravention of a dimension requirement; and
(b) a
minor risk breach of that requirement unless subsection (3) applies.
(3) The projection of
the load is taken to be—
(a) a
contravention of a dimension requirement; and
(b) a
substantial risk breach of that requirement if the contravention
happens—
(i)
at night; or
(ii)
in hazardous weather conditions causing reduced
visibility.
109—Warning signals required for rear projection of loads
(1) This section
applies if—
(a) a
load projects more than 1.2m behind a heavy vehicle consisting of only a motor
vehicle; or
(b) a
load projects more than 1.2m behind either the towing vehicle or a trailer in
a heavy combination; or
(c) a
load projects from a pole-type trailer in a heavy combination; or
(d) a
load projects from a heavy vehicle in a way that it would not be readily
visible to a person following immediately behind the vehicle.
(2) A person must not
use the heavy vehicle, or permit the heavy vehicle to be used, on a road
unless—
(a)
during the daytime—a brightly coloured red, red and yellow, or yellow
flag at least 300mm by 300mm is fixed to the extreme back of the load; or
(b) at
night—a light showing a clear red light to the back, visible at a
distance of at least 200m, is fixed to the extreme back of the load.
Maximum penalty: $3 000.
Part 4—Loading requirements
Division 1—Requirements
110—National regulations may prescribe loading requirements
(1) The national
regulations may prescribe requirements (the loading requirements ) about
securing a load on a heavy vehicle or a component of a heavy vehicle.
(2) Without limiting
subsection (1), the loading requirements may include requirements about
the restraint or positioning of a load or any part of it on a motor vehicle or
trailer.
111—Compliance with loading requirements
(1) A person who
drives, or permits another person to drive, a heavy vehicle on a road must
ensure the vehicle, and the vehicle's components and load, comply with the
loading requirements applying to the vehicle, unless the person has a
reasonable excuse.
Maximum penalty:
(a) for
a minor risk breach—$3 000; or
(b) for
a substantial risk breach—$5 000; or
(c) for
a severe risk breach—$10 000.
Division 2—Categories of breaches of loading requirements
112—Minor risk breach
A contravention of a loading requirement applying to a heavy vehicle is a
minor risk breach if—
(a) the
subject matter of the contravention does not involve a loss or shifting of the
load; and
(b) had
the subject matter of the contravention involved a loss or shifting of the
load, the loss or shifting of the load would not have been likely to have
involved—
(i)
an appreciable safety risk; or
(ii)
an appreciable risk of—
(A) damage to road infrastructure; or
(B) causing an adverse effect on public
amenity.
113—Substantial risk breach
(1) A contravention of
a loading requirement applying to a heavy vehicle is a substantial risk breach
if the subject matter of the contravention involves a loss or shifting of the
load that does not involve—
(a) an
appreciable safety risk; or
(b) an
appreciable risk of—
(i)
damage to road infrastructure; or
(ii)
causing an adverse effect on public amenity.
(2) A contravention of
a loading requirement applying to a heavy vehicle is also a substantial risk
breach if—
(a) the
subject matter of the contravention does not involve a loss or shifting of the
load; and
(b) had
the subject matter of the contravention involved a loss or shifting of the
load, the loss or shifting of the load would have been likely to have
involved—
(i)
an appreciable safety risk; or
(ii)
an appreciable risk of—
(A) damage to road infrastructure; or
(B) causing an adverse effect on public
amenity.
114—Severe risk breach
A contravention of a loading requirement applying to a heavy vehicle is a
severe risk breach if the subject matter of the contravention involves a loss
or shifting of the vehicle's load that involves—
(a) an
appreciable safety risk; or
(b) an
appreciable risk of—
(i)
damage to road infrastructure; or
(ii)
causing an adverse effect on public amenity.
Division 3—Evidentiary provision
115—Proof of contravention of loading requirement
(1) In a proceeding
for an offence against Division 1, the following is evidence that a load
on a heavy vehicle was not placed, secured or restrained in compliance with a
loading requirement applying to the vehicle:
(a)
evidence that the load was not placed, secured or restrained in a way that met
a loading performance standard;
(b)
evidence that a load, or part of a load, has fallen off a heavy vehicle.
(2) The national
regulations may prescribe standards (the loading performance standards ) for
heavy vehicles.
Part 5—Exemptions for particular overmass or oversize vehicles
Division 1—Preliminary
116—Class 1 heavy vehicles and class 3 heavy vehicles
(1) A heavy vehicle is
a class 1 heavy vehicle if it, together with its load, does not comply with a
prescribed mass requirement or prescribed dimension requirement applying to
it, and—
(a) it
is a special purpose vehicle; or
(b) it
is an agricultural vehicle other than an agricultural trailer; or
Note—
See subsection (2) for agricultural trailers.
(c)
it—
(i)
is a heavy vehicle carrying, or designed for the purpose
of carrying, a large indivisible item, including, for example, a combination
including a low loader; but
(ii)
is not a road train or B-double, or carrying a freight
container designed for multi-modal transport.
(2) An agricultural
trailer is a class 1 heavy vehicle , irrespective of whether it, together with
its load, does or does not comply with a prescribed mass requirement or
prescribed dimension requirement applying to it.
(3) A heavy vehicle is
a class 3 heavy vehicle if—
(a) it,
together with its load, does not comply with a prescribed mass requirement or
prescribed dimension requirement applying to it; and
(b) it
is not a class 1 heavy vehicle.
(4) In this
section—
concrete pump means a vehicle with a component that can be used to transfer
liquid concrete by pumping;
large indivisible item means an item that—
(a)
cannot be divided without extreme effort, expense or risk of damage to it; and
(b)
cannot be carried on any heavy vehicle without contravening a mass requirement
or dimension requirement;
low loader means a trailer with a loading deck no more than 1m above the
ground;
special purpose vehicle means—
(a) a
motor vehicle or trailer, other than an agricultural vehicle or a tow truck,
built for a purpose other than transporting goods by road; or
(b) a
concrete pump or fire truck.
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
(1) The Regulator may,
by Commonwealth Gazette notice complying with section 121, exempt, for a
period of not more than 5 years, a stated category of class 1 heavy
vehicles or class 3 heavy vehicles from—
(a) a
prescribed mass requirement; or
(b) a
prescribed dimension requirement.
(2) An exemption under
subsection (1) is a mass or dimension exemption (notice) .
Note—
See Division 3 of Chapter 4 Part 7 in relation to amendment,
suspension or cancellation of a mass or dimension exemption (notice).
118—Restriction on grant of mass or dimension exemption (notice)
(1) The Regulator may
grant a mass or dimension exemption (notice) for a category of heavy vehicles
only if—
(a) the
Regulator is satisfied the use of heavy vehicles of that category on a road
under the exemption will not pose a significant risk to public safety; and
(b) each
relevant road manager for the exemption has consented to the grant; and
(c) the
Regulator is satisfied all other consents required for the exemption under the
law of the relevant jurisdiction have been obtained or given.
(2) In deciding
whether to grant a mass or dimension exemption (notice), the Regulator must
have regard to the approved guidelines for granting mass or dimension
exemptions.
119—Conditions of mass or dimension exemption (notice)
(1) A mass or
dimension exemption (notice)—
(a) must
include a condition about the areas or routes to which the exemption applies;
and
(b) is
subject to conditions prescribed by the national regulations for the
exemption; and
(c) must
be subject to the road conditions or travel conditions required for the
exemption; and
(d) may
be subject to any other conditions the Regulator considers appropriate,
including, for example—
(i)
conditions about 1 or more matters mentioned in
Schedule 2; and
(ii)
without limiting subparagraph (i), intelligent
access program conditions; and
(iii)
a condition that the driver of a class 1 heavy vehicle or
class 3 heavy vehicle who is driving the vehicle under the exemption must keep
in the driver's possession a copy of—
(A) the Commonwealth Gazette notice for the
exemption; or
(B) an information sheet about the
exemption published by the Regulator on the Regulator's website.
(2) Without limiting
subsection (1)(a), the condition under the subsection about areas or
routes may be imposed by—
(a)
applying by reference a stated map or stated list, not in the notice, prepared
and published by the relevant road authority or the Regulator; and
(b)
referring to the areas or routes shown on the stated map or stated list.
(3) Without limiting
subsection (1)(c), road conditions or travel conditions under the
subsection may be imposed by referring to road conditions or travel conditions
shown on a stated map or stated list applied under subsection (2)(a).
(4) If the notice
applies a stated map or stated list—
(a) the
Regulator may amend the stated map or stated list prepared and published by it
and the relevant road authority may amend the stated map or stated list
prepared and published by it, but only by omitting, varying or
extending—
(i)
the areas or routes mentioned in subsection (2)(b);
or
(ii)
the road conditions or travel conditions mentioned in
subsection (3),
including by adding additional areas, routes, road conditions or travel
conditions; and
(b) the
Regulator must ensure a copy of the stated map or stated list as in force from
time to time is—
(i)
made available for inspection, without charge, during
normal business hours at each office of the Regulator; and
(ii)
published on the Regulator's website or published by way
of a reference or link published on the Regulator's website.
Note—
The Regulator must publish a stated map or stated list whether the Regulator
or a relevant road authority originally prepared and published it as mentioned
in subsection (2).
(5) Despite
subsection (4)(a), a road authority may only amend a map or list in a way
that affects a particular road if—
(a) the
road authority is the road manager for the road; or
(b) the
road authority is not the road manager for the road and has been advised by
the Regulator that the Regulator has obtained the consent of the road manager
for the amendment.
(6) Without limiting
the conditions that may be prescribed under subsection (1)(b), the
national regulations may—
(a)
prescribe conditions that are to apply only to particular areas or roads; and
(b)
authorise the Regulator to decide the areas or roads to which the conditions
are to apply.
(7) In this
section—
relevant road authority , for a mass or dimension exemption (notice), means
the road authority for the participating jurisdiction in which the road likely
to be travelled under the exemption is situated;
road conditions means road conditions required by the relevant road manager
under section 160;
travel conditions means travel conditions required by the relevant road
manager under section 161.
119A—Process for amending a stated map or stated list
(1) This section
applies to the amendment of a stated map or stated list mentioned in
section 119.
(2) For the purpose of
an amendment by the Regulator only adding an additional area or route to a
stated map or stated list—
(a)
section 118 applies; and
(b)
Division 2 of Chapter 4 Part 7 applies to the extent the
Division relates to the grant of a mass or dimension exemption (notice); and
(c)
Division 3 of Chapter 4 Part 7 does not apply.
(3) For the purpose of
subsection (2), section 118 and Division 2 of Chapter 4
Part 7 apply as if—
(a) a
reference to the grant of a mass or dimension exemption (notice) or a mass or
dimension authority were a reference to the adding of the additional area or
route; and
(b) a
reference to the relevant road manager for a mass or dimension exemption
(notice) or a mass or dimension authority were a reference to the relevant
road manager for the exemption or authority that applies the stated map or
stated list.
(4) For the purpose of
an amendment by the relevant road authority only adding an additional area or
route to, or only removing a road condition or travel condition from, a stated
map or stated list, section 118 and Chapter 4 Part 7 do not
apply.
(5) For the purpose of
an amendment by the Regulator or a relevant road authority if
subsections (2) to (4) do not apply, Division 3 of Chapter 4
Part 7 applies to the extent the Division relates to the amendment of a
mass or dimension exemption (notice).
(6) For
subsection (5), Division 3 of Chapter 4 Part 7 applies as
if—
(a) a
reference to the amendment of a mass or dimension authority were a reference
to the amendment of the stated map or stated list; and
(b) a
reference to the Regulator were a reference to the Regulator or the relevant
road authority, whichever is amending the stated map or stated list; and
(c) a
reference to the relevant road manager for a mass or dimension authority were
a reference to the relevant road manager for the authority that applies the
stated map or stated list.
120—Period for which mass or dimension exemption (notice) applies
A mass or dimension exemption (notice)—
(a)
takes effect—
(i)
when the Commonwealth Gazette notice for the exemption is
published; or
(ii)
if a later time is stated in the Commonwealth Gazette
notice, at the later time; and
(b)
applies for the period stated in the Commonwealth Gazette notice.
121—Requirements about Commonwealth Gazette notice
(1) A Commonwealth
Gazette notice for a mass or dimension exemption (notice) must state the
following:
(a) the
category of heavy vehicles to which the exemption applies;
(b) the
mass requirement or dimension requirement to which the exemption applies;
(c) the
areas or routes to which the exemption applies;
(d) the
conditions mentioned in section 119(1)(b), including, for example, by
referencing the relevant provision of the national regulations;
(e) the
road conditions or travel conditions required by a relevant road manager for
the exemption under section 160 or 161;
(f) the
other conditions of the exemption;
(g) the
period for which the exemption applies.
(2) The Regulator must
publish a copy of the Commonwealth Gazette notice on the Regulator's website.
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
(1) The Regulator may,
by giving a person a permit as mentioned in section 127, exempt, for a
period of not more than 3 years—
(a) a
class 1 heavy vehicle or class 3 heavy vehicle from compliance
with—
(i)
a prescribed mass requirement; or
(ii)
a prescribed dimension requirement; or
(b) a
class 1 heavy vehicle or class 3 heavy vehicle from a requirement relating to
the GCM of the vehicle, if subsection (2) applies.
(2) The Regulator may,
under subsection (1), exempt a class 1 heavy vehicle or class 3 heavy
vehicle that includes 2 or more prime movers or 2 or more hauling units from
compliance with a mass requirement relating to the GCM of the individual prime
movers or hauling units if the total GCM of the prime movers or hauling units
complies with the mass requirement relating to the GCM of the combined prime
movers or hauling units.
(3) An exemption under
subsection (1) is a mass or dimension exemption (permit) .
(4) A mass or
dimension exemption (permit) may apply to 1 or more heavy vehicles.
Note—
See Division 4 of Chapter 4 Part 7 in relation to amendment,
suspension or cancellation of a mass or dimension exemption (permit).
123—Application for mass or dimension exemption (permit)
(1) A person may apply
to the Regulator for a mass or dimension exemption (permit).
(2) The application
must be—
(a) in
the approved form; and
(b)
accompanied by the prescribed fee for the application.
(3) The Regulator may,
by notice given to the applicant, require the applicant to give the Regulator
any additional information the Regulator reasonably requires to decide the
application.
124—Restriction on grant of mass or dimension exemption (permit)
(1) The Regulator may
grant a mass or dimension exemption (permit) for a heavy vehicle only
if—
(a) the
Regulator is satisfied the use of the heavy vehicle on a road under the
exemption will not pose a significant risk to public safety; and
(b) each
relevant road manager for the exemption has consented to the grant; and
(c) the
Regulator is satisfied all other consents required for the exemption under the
law of the relevant jurisdiction have been obtained by the applicant or have
been otherwise given.
(2) In deciding
whether to grant a mass or dimension exemption (permit), the Regulator must
have regard to the approved guidelines for granting mass or dimension
exemptions.
125—Conditions of mass or dimension exemption (permit)
(1) A mass or
dimension exemption (permit)—
(a) must
include a condition about the areas or routes to which the exemption applies;
and
(b) is
subject to conditions prescribed by the national regulations for the
exemption; and
(c) must
be subject to the road conditions or travel conditions required by a relevant
road manager for the exemption under section 160 or 161; and
(d) may
be subject to any other conditions the Regulator considers appropriate,
including, for example—
(i)
conditions about 1 or more matters mentioned in
Schedule 2; and
(ii)
without limiting subparagraph (i), intelligent
access program conditions.
(2) Without limiting
the conditions that may be prescribed under subsection (1)(b), the
national regulations may—
(a)
prescribe conditions that are to apply only to particular areas or roads; and
(b)
authorise the Regulator to decide the areas or roads to which the conditions
are to apply.
126—Period for which mass or dimension exemption (permit) applies
(1) A mass or
dimension exemption (permit) applies for the period stated in the permit for
the exemption.
(2) The period may be
less than the period sought by the applicant for the mass or dimension
exemption (permit).
127—Permit for mass or dimension exemption (permit) etc
(1) If the Regulator
grants a mass or dimension exemption (permit) to a person, the Regulator must
give the person—
(a) a
permit for the exemption; and
(b) a
notice stating the review and appeal information for any of the following
decisions that is a reviewable decision—
(i)
the Regulator's decision to grant the exemption for a
period or impose a condition on the exemption;
(ii)
a relevant road manager's decision to consent to the
grant of the exemption subject to a condition that a road condition or travel
condition be imposed on the exemption.
Note—
Under section 641(6)(a), this notice must also state particular
information about obtaining a statement of reasons for the decision.
(2) A permit for a
mass or dimension exemption (permit) must state the following:
(a) the
name of the person to whom the permit is given;
(b) a
description of each heavy vehicle to which the exemption applies, including
the registration number of the vehicle if it is registered;
(c) the
mass requirement or dimension requirement to which the exemption applies;
(d) the
areas or routes to which the exemption applies;
(e) the
conditions mentioned in section 125(1)(b), including, for example, by
referencing the relevant provision of the national regulations;
(f) the
road conditions or travel conditions required by a relevant road manager for
the exemption under section 160 or 161;
(g) the
other conditions of the exemption;
(h) the
period for which the exemption applies.
128—Refusal of application for mass or dimension exemption (permit)
If the Regulator refuses an application for a mass or dimension exemption
(permit), the Regulator must give the applicant an information notice for the
decision to refuse the application.
Note—
See section 166 for the requirements for an information notice relating
to a relevant road manager's decision not to give consent to the grant of a
mass or dimension exemption (permit).
Division 4—Operating under mass or dimension exemption
129—Contravening condition of mass or dimension exemption generally
(1) The driver or
operator of a heavy vehicle being used on a road under a mass or dimension
exemption must not contravene a condition of the exemption.
Maximum penalty: $6 000.
(2) A person must not
use, or permit to be used, on a road a heavy vehicle that contravenes a
condition of a mass or dimension exemption applying to the vehicle.
Maximum penalty: $6 000.
(3) A person must not
use a heavy vehicle, or permit a heavy vehicle to be used, on a road in a way
that contravenes a condition of a mass or dimension exemption applying to the
vehicle.
Maximum penalty: $6 000.
(4) A person does not
commit an offence against this Law in relation to a heavy vehicle contravening
a mass requirement or dimension requirement if—
(a) the
vehicle is exempt, under a mass or dimension exemption, from compliance with
the mass requirement or dimension requirement; and
(b) the
vehicle, and its use on a road, complies with the conditions of the exemption.
(5) However, if a
person commits a condition offence—
(a) the
exemption does not operate in the person's favour while the contravention
constituting the offence continues; and
(b) the
exemption must be disregarded in deciding—
(i)
whether the person has committed an offence in relation
to a contravention of a mass requirement or dimension requirement applying to
a heavy vehicle; and
(ii)
the risk category for the contravention.
(6) If, because of the
operation of subsection (5), a person commits an offence against a
provision of this Law (the other offence provision ) in relation to a mass
requirement or dimension requirement to which an exemption under this Part
applies, the person—
(a) may
be charged with the condition offence or an offence against the other offence
provision; but
(b) must
not be charged with both offences.
(7) Subsection (1)
does not apply to a condition mentioned in section 132(1).
(8) In this
section—
condition offence means an offence against subsection (1), (2) or (3).
130—Contravening condition of mass or dimension exemption relating to
pilot or escort vehicle
(1) This section
applies if a mass or dimension exemption is subject to a condition requiring a
heavy vehicle to which the exemption applies to be accompanied by a pilot
vehicle or escort vehicle while the heavy vehicle is used on a road.
(2) The driver of the
pilot vehicle or escort vehicle accompanying the heavy vehicle must comply
with the conditions of the mass or dimension exemption about the use of the
pilot vehicle or escort vehicle.
Maximum penalty: $6 000.
(3) The operator of
the heavy vehicle must ensure, so far as is reasonably practicable, the driver
of the pilot vehicle or escort vehicle complies with subsection (2).
Maximum penalty: $6 000.
131—Using pilot vehicle with a heavy vehicle that contravenes certain
conditions of mass or dimension exemption
(1) The driver of a
pilot vehicle must ensure the pilot vehicle does not accompany a heavy vehicle
to which a mass or dimension exemption applies if the heavy vehicle, or its
use on a road, contravenes a condition of the exemption because the heavy
vehicle—
(a)
travels on a route not allowed under the exemption; or
(b)
travels at a time other than a time allowed under the exemption; or
(c) is
accompanied by fewer than the number of pilot or escort vehicles required
under the exemption.
Maximum penalty: $6 000.
(2) If a person is
both the driver of a pilot vehicle accompanying a heavy vehicle to which a
mass or dimension exemption applies and an operator of the heavy vehicle, the
person may, in relation to the heavy vehicle or its use on a road contravening
a condition of the exemption of the kind contemplated by subsection (1),
be prosecuted under section 129 or subsection (1), but not both.
132—Keeping relevant document while driving under mass or dimension
exemption (notice)
(1) This section
applies if a mass or dimension exemption (notice) is subject to the condition
that the driver of a class 1 heavy vehicle or class 3 heavy vehicle
who is driving the vehicle under the exemption must keep a relevant document
in the driver's possession.
(2) A driver of the
class 1 heavy vehicle or class 3 heavy vehicle who is driving the
vehicle under the mass or dimension exemption (notice) must comply with the
condition.
Maximum penalty: $3 000.
(3) Each relevant
party for a driver mentioned in subsection (2) must ensure the driver
complies with subsection (2), unless the relevant party has a reasonable
excuse.
Maximum penalty: $3 000.
(7) In this
section—
relevant document , for a mass or dimension exemption (notice), means a copy
of—
(a) the
Commonwealth Gazette notice for the exemption; or
(b) an
information sheet about the exemption published by the Regulator on the
Regulator's website;
relevant party , for the driver of a class 1 heavy vehicle or
class 3 heavy vehicle, means—
(a) an
employer of the driver if the driver is an employed driver; or
(b) a
prime contractor of the driver if the driver is a self-employed driver; or
(c) an
operator of the vehicle if the driver is making a journey for the operator.
133—Keeping copy of permit while driving under mass or dimension
exemption (permit)
(1) The driver of a
class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle
under a mass or dimension exemption (permit) must keep a copy of the permit
for the exemption in the driver's possession.
Maximum penalty: $3 000.
(2) If the driver of a
class 1 heavy vehicle or class 3 heavy vehicle is driving the vehicle
under a mass or dimension exemption (permit) granted to a relevant party for
the driver and the relevant party has given the driver a copy of a permit for
the purpose of subsection (1), the driver must, as soon as reasonably
practicable, return the copy to the relevant party if the driver stops working
for the relevant party.
Maximum penalty: $4 000.
(3) Each relevant
party for a driver mentioned in subsection (1) must ensure the driver
complies with subsection (1), unless the relevant party has a reasonable
excuse.
Maximum penalty: $3 000.
(7) In this
section—
relevant party , for the driver of a class 1 heavy vehicle or class 3
heavy vehicle, means—
(a) an
employer of the driver if the driver is an employed driver; or
(b) a
prime contractor of the driver if the driver is a self-employed driver; or
(c) an
operator of the vehicle if the driver is making a journey for the operator.
Division 5—Other provision
134—Displaying warning signs on vehicles if not required by dimension
exemption
(1) A heavy vehicle
warning sign must not be displayed on a heavy vehicle unless it is being used
under a dimension exemption.
Maximum penalty: $3 000.
(2) A pilot vehicle
warning sign must not be displayed on a vehicle unless it is being used as a
pilot vehicle for a heavy vehicle being used under a dimension exemption.
Maximum penalty: $3 000.
(3) In this
section—
dimension exemption means an exemption under this Part from compliance with a
dimension requirement;
heavy vehicle warning sign means a warning sign required under the national
regulations to be attached to a heavy vehicle being used under a dimension
exemption;
pilot vehicle warning sign means a warning sign required under the national
regulations to be attached to a vehicle being used as a pilot vehicle for a
heavy vehicle being used under a dimension exemption.
Part 6—Restricting access to roads by large vehicles that are not
overmass or oversize vehicles
Division 1—Preliminary
135—Main purpose of Part 6
The main purpose of this Part is to restrict access to roads by heavy vehicles
that, while complying with mass requirements and dimension requirements
applying to them, may, because of their size—
(a)
endanger public safety; or
(b)
damage road infrastructure; or
(c)
adversely affect public amenity.
136—Class 2 heavy vehicles
(1) A heavy vehicle is
a class 2 heavy vehicle if—
(a)
it—
(i)
complies with the prescribed mass requirements and
prescribed dimension requirements applying to it; and
(ii)
is—
(A) a B-double; or
(B) a road train; or
(C) a bus, other than an articulated bus,
that is longer than 12.5m; or
(D) a combination designed and built to
carry vehicles on more than 1 deck that, together with its load is longer than
19m or higher than 4.3m; or
(E) a motor vehicle, or a combination, that
is higher than 4.3m and is built to carry cattle, sheep, pigs or horses; or
(b) it
is a PBS vehicle other than a specified PBS vehicle.
specified PBS vehicle means a PBS vehicle that—
(a) is
not a bus; and
(b) is
not longer than 20m; and
(c) is
the subject of a current PBS vehicle approval at performance
level 1; and
(d)
complies with the PBS vehicle approval; and
(e)
complies with the general mass limits for the vehicle, regardless of whether
the PBS vehicle approval authorises a higher mass limit.
Note—
General mass limits for a vehicle may be included in prescribed mass
requirements under section 95.
Division 2—Restriction
137—Using class 2 heavy vehicle
A person must not use a class 2 heavy vehicle, or permit a class 2 heavy
vehicle to be used, on a road other than in accordance with a class 2
heavy vehicle authorisation.
Maximum penalty: $6 000.
Division 3—Authorisation by Commonwealth Gazette notice
138—Regulator's power to authorise use of all or stated categories of
class 2 heavy vehicles
(1) The Regulator may,
by Commonwealth Gazette notice complying with section 142, authorise, for
a period of not more than 5 years, the use of all or stated categories of
class 2 heavy vehicles in one or more of the following ways:
(a) in
stated areas or on stated routes;
(b)
during stated hours of stated days;
(c) in
the case of PBS vehicles, in accordance with a stated requirement that the
vehicles are operated in accordance with the conditions contained in a PBS
vehicle approval.
(2) An authorisation
under subsection (1) is a class 2 heavy vehicle authorisation (notice) .
Note—
See Division 3 of Chapter 4 Part 7 in relation to amendment,
suspension or cancellation of a class 2 heavy vehicle authorisation (notice).
139—Restriction on grant of class 2 heavy vehicle authorisation (notice)
(1) The Regulator may
grant a class 2 heavy vehicle authorisation (notice) only if—
(a) the
Regulator is satisfied the use of class 2 heavy vehicles, or the stated
categories of class 2 heavy vehicles, on a road under the authorisation
will not pose a significant risk to public safety; and
(b) each
relevant road manager for the authorisation has consented to the grant; and
(c) the
Regulator is satisfied all other consents required for the authorisation under
the law of the relevant jurisdiction have been obtained or given.
(2) In deciding
whether to grant a class 2 heavy vehicle authorisation (notice), the
Regulator must have regard to the approved guidelines for granting
class 2 heavy vehicle authorisations.
140—Conditions of class 2 heavy vehicle authorisations (notice)
A class 2 heavy vehicle authorisation (notice)—
(a) must
be subject to the road conditions or travel conditions required by a road
manager for the authorisation under section 160 or 161; and
Note—
Under sections 160(1)(b) and (4), a road manager may only require road
conditions of a type prescribed by the national regulations.
(b) may
be subject to other conditions the Regulator considers appropriate, including,
for example, a condition that the driver of a class 2 heavy vehicle who is
driving the vehicle under the authorisation must keep in the driver's
possession a copy of—
(i)
the Commonwealth Gazette notice for the authorisation; or
(ii)
an information sheet about the authorisation published by
the Regulator on the Regulator's website.
141—Period for which class 2 heavy vehicle authorisation (notice)
applies
A class 2 heavy vehicle authorisation (notice)—
(a)
takes effect—
(i)
when the Commonwealth Gazette notice for the
authorisation is published; or
(ii)
if a later time is stated in the Commonwealth Gazette
notice, at the later time; and
(b)
applies for the period stated in the Commonwealth Gazette notice.
142—Requirements about Commonwealth Gazette notice etc
(1) A Commonwealth
Gazette notice for a class 2 heavy vehicle authorisation (notice) must
state the following:
(a) that
the authorisation applies to all class 2 heavy vehicles or, if the
authorisation only applies to particular categories of class 2 heavy
vehicles, the categories of class 2 heavy vehicles to which the
authorisation applies;
(b) the
areas or routes to which the authorisation applies;
(c) the
days and hours to which the authorisation applies;
(d) any
conditions applying to class 2 heavy vehicles being used on a road under
the authorisation;
(e) the
period for which the authorisation applies.
(2) Without limiting
subsection (1)(b), the notice may state the areas or routes under the
subsection by—
(a)
applying by reference a stated map or stated list, not in the notice, prepared
and published by the relevant road authority or the Regulator; and
(b)
referring to the areas or routes shown on the stated map or list.
(3) Without limiting
subsection (1)(d), the notice may state road conditions or travel
conditions under the subsection by referring to road conditions or travel
conditions shown on a stated map or stated list applied under
subsection (2)(a).
(4) The Regulator must
publish a copy of the notice on the Regulator's website.
(5) If the notice
applies a stated map or stated list—
(a) the
Regulator may amend the stated map or stated list prepared and published by it
and the relevant road authority may amend the stated map or stated list
prepared and published by it, but only by omitting, varying or
extending—
(i)
the areas or routes mentioned in subsection (2)(b);
or
(ii)
the road conditions or travel conditions mentioned in
subsection (3),
including by adding additional areas, routes, road conditions or travel
conditions; and
(b) the
Regulator must ensure a copy of the stated map or stated list as in force from
time to time is—
(i)
made available for inspection, without charge, during
normal business hours at each office of the Regulator; and
(ii)
published on the Regulator's website or published by way
of a reference or link published on the Regulator's website.
Note—
The Regulator must publish a stated map or stated list whether the Regulator
or a relevant road authority originally prepared and published it as mentioned
in subsection (2).
(6) Despite
subsection (5)(a), a road authority may only amend a map or list in a way
that affects a particular road if—
(a) the
road authority is the road manager for the road; or
(b) the
road authority is not the road manager for the road and has been advised by
the Regulator that the Regulator has obtained the consent of the road manager
for the amendment.
(7) In this
section—
relevant road authority , for a class 2 heavy vehicle authorisation (notice),
means the road authority for the participating jurisdiction in which the road
likely to be travelled under the authorisation is situated;
road conditions means road conditions required by the relevant road manager
under section 160;
travel conditions means travel conditions required by the relevant road
manager under section 161.
142A—Process for amending stated map or stated list
(1) This section
applies to the amendment of a stated map or stated list mentioned in
section 142.
(2) For the purpose of
an amendment by the Regulator only adding an additional area or route to a
stated map or stated list—
(a)
section 139 applies; and
(b)
Division 2 of Chapter 4 Part 7 applies to the extent the
Division relates to the grant of a class 2 heavy vehicle authorisation
(notice); and
(c)
Division 3 of Chapter 4 Part 7 does not apply.
(3) For the purpose of
subsection (2), section 139 and Division 2 of Chapter 4
Part 7 apply as if—
(a) a
reference to the grant of a class 2 heavy vehicle authorisation (notice) or a
mass or dimension authority were a reference to the adding of the additional
area or route; and
(b) a
reference to the relevant road manager for a class 2 heavy vehicle
authorisation (notice) or a mass or dimension authority were a reference to
the relevant road manager for the authorisation or authority that applies the
stated map or stated list.
(4) For the purpose of
an amendment by the relevant road authority only adding an additional area or
route to, or only removing a road condition or travel condition from, a stated
map or stated list, section 139 and Chapter 4 Part 7 do not
apply.
(5) For the purpose of
an amendment by the Regulator or a relevant road authority if
subsections (2) to (4) do not apply, Division 3 of Chapter 4
Part 7 applies to the extent the Division relates to the amendment of a
class 2 heavy vehicle authorisation (notice).
(6) For the purpose of
subsection (5), Division 3 of Chapter 4 Part 7 applies as
if—
(a) a
reference to the amendment of a mass or dimension authority were a reference
to the amendment of the stated map or stated list; and
(b) a
reference to the Regulator were a reference to the Regulator or the relevant
road authority, whichever is amending the stated map or stated list; and
(c) a
reference to the relevant road manager for a mass or dimension authority were
a reference to the relevant road manager for the authority that applies the
stated map or stated list.
Division 4—Authorisation by permit
143—Regulator's power to authorise use of a particular class 2
heavy vehicle
(1) The Regulator may,
by giving a person a permit as mentioned in section 148, authorise, for a
period of not more than 3 years, the use of a class 2 heavy
vehicle—
(a) in
stated areas or on stated routes; and
(b)
during stated hours of stated days.
(2) An authorisation
under subsection (1) is a class 2 heavy vehicle authorisation
(permit) .
(3) A class 2 heavy
vehicle authorisation (permit) may apply to 1 or more heavy vehicles.
Note—
See Division 4 of Chapter 4 Part 7 in relation to amendment,
suspension or cancellation of a class 2 heavy vehicle authorisation
(permit).
144—Application for class 2 heavy vehicle authorisation (permit)
(1) A person may apply
to the Regulator for a class 2 heavy vehicle authorisation (permit).
(2) The application
must be—
(a) in
the approved form; and
(b)
accompanied by the prescribed fee for the application.
(3) The Regulator may,
by notice given to the applicant, require the applicant to give the Regulator
any additional information the Regulator reasonably requires to decide the
application.
145—Restriction on grant of class 2 heavy vehicle authorisation (permit)
(1) The Regulator may
grant a class 2 heavy vehicle authorisation (permit) for a class 2 heavy
vehicle only if—
(a) the
Regulator is satisfied the use of the class 2 heavy vehicle on a road
under the authorisation will not pose a significant risk to public safety; and
(b) each
relevant road manager for the authorisation has consented to the grant; and
(c) the
Regulator is satisfied all other consents required for the authorisation under
the law of the relevant jurisdiction have been obtained by the applicant or
have been otherwise given.
(2) In deciding
whether to grant a class 2 heavy vehicle authorisation (permit), the
Regulator must have regard to the approved guidelines for granting
class 2 heavy vehicle authorisations.
146—Conditions of a class 2 heavy vehicle authorisation (permit)
A class 2 heavy vehicle authorisation (permit)—
(a) must
be subject to the road conditions or travel conditions required by a relevant
road manager for the authorisation under section 160 or 161; and
(b) may
be subject to any other conditions the Regulator considers appropriate,
including, for example—
(i)
conditions about 1 or more matters mentioned in
Schedule 2; and
(ii)
without limiting subparagraph (i), intelligent
access program conditions.
147—Period for which class 2 heavy vehicle authorisation (permit)
applies
(1) A class 2 heavy
vehicle authorisation (permit) applies for the period stated in the permit for
the authorisation.
(2) The period may be
less than the period sought by the applicant for the class 2 heavy
vehicle authorisation (permit).
148—Permit for class 2 heavy vehicle authorisation (permit) etc
(1) If the Regulator
grants a class 2 heavy vehicle authorisation (permit) to a person, the
Regulator must give the person—
(a) a
permit for the authorisation; and
(b) a
notice stating the review and appeal information for any of the following
decisions that is a reviewable decision—
(i)
the Regulator's decision to grant the authorisation for a
period or impose a condition on the authorisation;
(ii)
a relevant road manager's decision to consent to the
grant of the authorisation subject to a condition that a road condition or
travel condition be imposed on the authorisation.
Note—
Under section 641(6)(a), this notice must also state particular
information about obtaining a statement of reasons for the decision.
(2) A permit for a
class 2 heavy vehicle authorisation (permit) must state the following:
(a) the
name and address of the person to whom the permit is given;
(b) if
the authorisation applies to particular categories of class 2 heavy vehicles,
the categories of heavy vehicles to which the authorisation applies;
(c) the
areas or routes to which the authorisation applies;
(d) the
days and hours to which the authorisation applies;
(e) the
road conditions or travel conditions required by a relevant road manager for
the authorisation under section 160 or 161;
(f) any
other conditions applying to a class 2 heavy vehicle being used on a road
under the authorisation;
(g) the
period for which the authorisation applies.
149—Refusal of application for class 2 heavy vehicle authorisation
(permit)
If the Regulator refuses an application for a class 2 heavy vehicle
authorisation (permit), the Regulator must give the applicant an information
notice for the decision to refuse the application.
Note—
See section 166 for the requirements for an information notice relating
to a road manager's decision not to give consent to the grant of a
class 2 heavy vehicle authorisation (permit).
Division 5—Operating under class 2 heavy vehicle authorisation
150—Contravening condition of class 2 heavy vehicle authorisation
(1) The driver or
operator of a class 2 heavy vehicle being used on a road under a class 2
heavy vehicle authorisation must not contravene a condition of the
authorisation.
Maximum penalty: $6 000.
(2) Subsection (1)
does not apply to a condition mentioned in section 151(1).
151—Keeping relevant document while driving under class 2 heavy
vehicle authorisation (notice)
(1) This section
applies if a class 2 heavy vehicle authorisation (notice) is subject to
the condition that the driver of a class 2 heavy vehicle who is driving
the vehicle under the authorisation must keep a relevant document in the
driver's possession.
(2) A driver of the
class 2 heavy vehicle who is driving the vehicle under the class 2 heavy
vehicle authorisation (notice) must comply with the condition.
Maximum penalty: $3 000.
(3) Each relevant
party for a driver mentioned in subsection (2) must ensure the driver
complies with subsection (2), unless the relevant party has a reasonable
excuse.
Maximum penalty: $3 000.
(7) In this
section—
relevant document , for a class 2 heavy vehicle authorisation (notice), means
a copy of—
(a) the
Commonwealth Gazette notice for the authorisation; or
(b) an
information sheet about the authorisation published by the Regulator on the
Regulator's website;
relevant party , for the driver of a class 2 heavy vehicle, means—
(a) an
employer of the driver if the driver is an employed driver; or
(b) a
prime contractor of the driver if the driver is a self-employed driver; or
(c) an
operator of the vehicle if the driver is making a journey for the operator.
152—Keeping copy of permit while driving under class 2 heavy vehicle
authorisation (permit)
(1) The driver of a
class 2 heavy vehicle who is driving the vehicle under a class 2 heavy
vehicle authorisation (permit) must keep a copy of the permit for the
authorisation in the driver's possession.
Maximum penalty: $3 000.
(2) If the driver of a
class 2 heavy vehicle is driving the vehicle under a class 2 heavy
vehicle authorisation (permit) granted to a relevant party for the driver and
the relevant party has given the driver a copy of a permit for the purpose of
subsection (1), the driver must, as soon as reasonably practicable,
return the copy to the relevant party if the driver stops working for the
relevant party.
Maximum penalty: $4 000.
(3) Each relevant
party for a driver mentioned in subsection (1) must ensure the driver
complies with subsection (1), unless the relevant party has a reasonable
excuse.
Maximum penalty: $3 000.
(7) In this
section—
relevant party , for the driver of a class 2 heavy vehicle, means—
(a) an
employer of the driver if the driver is an employed driver; or
(b) a
prime contractor of the driver if the driver is a self-employed driver; or
(c) an
operator of the vehicle if the driver is making a journey for the operator.
Part 6A—Restricted access vehicles
153A—Using restricted access vehicle
(1) A person must not
use a restricted access vehicle, or permit a restricted access vehicle to be
used, on a road unless the road is one on which the vehicle is allowed to be
used under a mass or dimension authority applying to the vehicle.
Maximum penalty: $6 000.
restricted access vehicle means a heavy vehicle that (together with its load)
is—
(a)
higher than 4.3m; or
(b)
wider than 2.5m; or
(c)
longer than—
(i)
if a single vehicle other than an articulated
bus—12.5m; or
(ii)
if an articulated bus—18m; or
(iii)
if a combination—19m;
safer freight vehicle means a single heavy motor vehicle that meets the
requirements prescribed for the purposes of this definition by the national
regulations, but does not include a bus;
single heavy motor vehicle means a motor vehicle that, on its own, is a heavy
vehicle;
specified semitrailer means a semitrailer that—
(a) is
not a PBS vehicle; and
(b) has
an air suspension system with effective dampers fitted; and
(c) has
a deck height not higher than 1.2m for at least 50% of its deck length;
and
(d) if
in a combination—the combination—
(i)
consists only of—
(A) a prime mover towing a single
semitrailer attached to the prime mover by a fifth wheel coupling; or
(B) a B-double; or
(C) a B-triple; and
(ii)
has a mass not more than 90% of the prescribed mass
requirements for the combination.
Note—
Although this section does not apply to certain combinations, a combination
that is a class 2 heavy vehicle will still need to have a class 2
heavy vehicle authorisation (see section 137).
(3) This section does
not apply to—
(a) a
class 2 heavy vehicle; or
(b) a
specified PBS vehicle as defined in section 136(2); or
Note—
All other PBS vehicles are class 2 heavy vehicles (see section 136).
(c) a
specified semitrailer; or
(d) a
safer freight vehicle; or
(e) a
combination that—
(i)
includes a safer freight vehicle, together with its load,
that is the only component vehicle wider than 2.5m; and
(ii)
is not higher than 4.3m; and
(iii)
is not longer than 19m.
Part 7—Particular provisions about mass or dimension authorities
Division 1—Preliminary
154—Definitions for Chapter 4 Part 7
In this Part—
road condition —
(a)
means a condition directed at—
(i)
protecting road infrastructure; or
(ii)
preventing or minimising an adverse effect on the
community arising from noise, emissions or traffic congestion or from other
matters stated in approved guidelines; or
(iii)
preventing or minimising significant risks to public
safety arising from heavy vehicle use that is incompatible with road
infrastructure or traffic conditions; but
(b) does
not include a condition requiring the installation of equipment or another
thing in a vehicle unless the equipment or thing is required to be installed
in the vehicle for an intelligent access program condition imposed in
connection with a condition directed at the matters mentioned in
paragraph (a)(i), (ii) or (iii);
route assessment , in relation to a mass or dimension authority, means an
assessment of the road infrastructure in the areas or on the routes to which
the authority is to apply to decide the impact the grant of the authority will
have, or is likely to have, on the road infrastructure;
travel condition means a condition directed at ensuring that access to a
stated route or area is limited to either or both of the following:
(a)
stated days or hours (or both);
(b)
travel in a stated direction;
vehicle condition means a condition directed at ensuring a vehicle can operate
safely on roads.
Division 2—Obtaining consent of relevant road managers
155—Application of Division 2
This Division applies in relation to the Regulator obtaining the consent of
the road manager for a road for the purpose of granting a mass or dimension
authority.
156—Period within which road manager must decide
(1) If the Regulator
asks a road manager for a road for the road manager's consent to the grant of
a mass or dimension authority, the road manager must decide to give or not to
give the consent—
(a)
within—
(i)
28 days after the request is made, unless
subparagraph (ii) applies; or
(ii)
if this section applies because the road manager gave the
Regulator a notice of objection to the grant under section 167—
14 days after giving the notice of objection; or
(b)
within a longer period, of not more than 6 months after the request is
made, agreed to by the Regulator.
Note—
See, however, sections 159, 167 and 168.
(2) The road manager
may ask for, and the Regulator may agree to, a longer period under
subsection (1)(b) only if—
(a)
consultation is required under a law with another entity (including, for
example, for the purpose of obtaining that entity's approval to give the
consent); or
(b) the
road manager considers a route assessment is necessary for deciding whether to
give or not to give the consent; or
(c) the
road manager is the road authority for the participating jurisdiction and
considers that a local government authority that is not required under a law
to be consulted should nevertheless be consulted before deciding whether to
give or not to give the consent.
(3) If the Regulator
agrees to a longer period under subsection (1)(b), the Regulator must
give the applicant for the mass or dimension authority concerned a written
statement of the decision—
(a)
identifying the road manager concerned; and
(b)
indicating the ground on which the road manager asked for a longer period.
156A—Deciding request for consent generally
(1) If the Regulator
asks a road manager for a road for the road manager's consent to the grant of
a mass or dimension authority, the road manager may decide not to give the
consent only if the road manager is satisfied—
(a) the
mass or dimension authority will, or is likely to—
(i)
cause damage to road infrastructure; or
(ii)
impose adverse effects on the community arising from
noise, emissions or traffic congestion or from other matters stated in
approved guidelines; or
(iii)
pose significant risks to public safety arising from
heavy vehicle use that is incompatible with road infrastructure or traffic
conditions; and
(b) it
is not possible to grant the authority subject to road conditions or travel
conditions that will avoid, or significantly minimise—
(i)
the damage or likely damage; or
(ii)
the adverse effects or likely adverse effects; or
(iii)
the significant risks or likely significant risks.
(2) If the road
manager considers that the consent would be given if the mass of the vehicle
under the application for the authority was less than applied for, the road
manager must give the consent subject to a road condition that the vehicle not
exceed the mass.
(3) Also, in deciding
whether or not to give the consent, the road manager must have regard
to—
(a) for
a mass or dimension exemption—the approved guidelines for granting mass
or dimension exemptions; or
(b) for
a class 2 heavy vehicle authorisation—the approved guidelines for
granting class 2 heavy vehicle authorisations.
(4) If a relevant road
manager for a mass or dimension authority decides not to give consent to the
grant of the authority, the relevant road manager must give the Regulator a
written statement that explains the road manager's decision and complies with
section 172.
157—Obtaining third party's approval for giving consent for permit
(1) This section
applies if—
(a) a
person (the applicant ) applies for a mass or dimension exemption (permit) or
class 2 heavy vehicle authorisation (permit); and
(b)
consultation with another entity is required under a law.
(a)
notify the applicant that consultation is required; and
(b)
notify the road manager that the applicant has been notified of the
requirement.
(3) The Regulator
must, as far as practicable, give the notifications under subsection (2)
concurrently with asking the road manager for the consent.
158—Action pending consultation with third party
(1) This section
applies if—
(a)
consultation with another entity is required under a law; and
(b) the
road manager does not ask for a longer period under section 156(1)(b) or
the Regulator refuses to agree to a longer period asked for under
section 156(1)(b).
(2) If the
consultation with the other entity is not yet completed, the road manager
must, as far as practicable, deal with the request for consent and decide to
give or not to give the consent (even though the consultation with the other
entity is not completed).
(3) If the road
manager decides to give the consent even though the consultation with the
other entity is not completed, the consent is not operative unless and
until—
(a) the
consultation is completed; and
(b) if
the other entity's approval is required, the other entity gives its approval.
(4) If—
(a) the
consultation with the other entity is completed and the other entity's
approval is required; and
(b) the
road manager has not yet decided to give or not to give the consent,
the road manager may—
(c)
decide not to give the consent, on the ground that the consent would be
inoperative; or
(d)
decide to give the consent, but the consent is inoperative without the other
entity's approval.
(5) The Regulator must
not grant a mass or dimension authority if—
(a)
consultation is required under a law with another entity; and
(b) the
other entity's approval is required; and
(c) the
other entity has declined to give its approval.
159—Deciding request for consent if route assessment required
(1) This section
applies if—
(a) a
person (the applicant ) applies for a mass or dimension exemption (permit) or
class 2 heavy vehicle authorisation (permit); and
(b) the
Regulator asks a road manager for a road for the road manager's consent to the
grant of the exemption or authorisation; and
(c) the
road manager considers a route assessment is necessary for deciding whether to
give or not to give the consent.
(2) The road manager
may notify the Regulator of the following:
(a) that
a route assessment is required for the road manager deciding whether to give
or not to give the consent;
(b) the
fee payable (if any) for the route assessment under a law of the jurisdiction
in which the road is situated.
(3) The Regulator must
notify the applicant of the following:
(a) that
a route assessment is required for the road manager deciding whether to give
or not to give the consent;
(b) the
fee payable (if any) for the route assessment under a law of the jurisdiction
in which the road is situated;
(c) if a
fee is payable for the route assessment under a law of the jurisdiction in
which the road is situated, that the road manager may stop considering whether
to give or not to give the consent until the fee is paid;
(d) if,
under section 156(1)(b), the Regulator agrees to a longer period for the
road manager deciding whether to give or not to give the consent, the longer
period agreed by the Regulator.
(4) If a fee is
payable for the route assessment under a law of the jurisdiction in which the
road is situated—
(a) the
road manager may stop considering whether to give or not to give the consent
until the fee is paid; and
(b) the
period between the day the applicant is given the notification under
subsection (3) and the day the fee is paid must not be counted in working
out the period taken by the road manager to decide whether to give or not to
give the consent.
(5) If the applicant
does not pay the fee for the route assessment within 28 days after the
notification is given to the applicant under subsection (3), or a longer
period agreed to by the Regulator, the application lapses.
160—Imposition of road conditions
(1) A relevant road
manager for a mass or dimension authority may consent to the grant of the
authority subject to—
(a)
except in the case of a class 2 heavy vehicle authorisation (notice)—the
condition that a stated road condition is imposed on the authority; or
(b) in
the case of a class 2 heavy vehicle authorisation (notice)—the condition
that a stated road condition of a type prescribed by the national regulations
is imposed on the authority.
(2) If a relevant road
manager for a mass or dimension authority consents to the grant of the
authority subject to a condition as mentioned in subsection (1)(a)—
(a) the
relevant road manager must give the Regulator a written statement that
explains the road manager's decision to give consent to the grant of the
authority subject to the condition and complies with section 172; and
(b) the
Regulator must impose the stated road condition on the authority.
(3) If a relevant road
manager for a mass or dimension authority consents to the grant of the
authority subject to a condition as mentioned in subsection (1)(b), the
Regulator must impose the stated road condition on the authority.
(4) The national
regulations may prescribe road conditions, or kinds of road conditions, for
the purposes of subsection (1)(b) and must prescribe the circumstances in
which it is appropriate to impose such a condition.
161—Imposition of travel conditions
(1) A relevant road
manager for a mass or dimension authority may consent to the grant of the
authority subject to the condition that a stated travel condition is imposed
on the authority.
(2) If a relevant road
manager for a mass or dimension authority consents to the grant of the
authority as mentioned in subsection (1)—
(a) the
relevant road manager must give the Regulator a written statement that
explains the road manager's decision to give consent to the grant of the
authority subject to the condition and complies with section 172; and
(b) the
Regulator must impose the stated travel condition on the authority.
162—Imposition of vehicle conditions
(1) A relevant road
manager for a mass or dimension authority who gives consent to the grant of
the authority may ask the Regulator to impose a stated vehicle condition on
the authority.
(2) If a relevant road
manager for a mass or dimension authority makes a request as mentioned in
subsection (1), the Regulator must—
(a)
consider the request and decide—
(i)
to impose the stated vehicle condition on the authority
(with or without modification); or
(ii)
not to impose the stated vehicle condition on the
authority; and
(b)
notify the relevant road manager of the decision under paragraph (a).
163—Obtaining consent of road authority if particular road manager
refuses to give consent
(1) This section
applies if a relevant road manager for a mass or dimension authority—
(a) is a
public authority other than a road authority; and
(i)
decides not to consent to the grant of the mass or
dimension authority; or
(ii)
consents to the grant of the mass or dimension authority
subject to the imposition of road conditions or travel conditions the
Regulator considers are not necessary to avoid, or significantly
minimise—
(A) damage, or likely damage, to road
infrastructure; or
(B) adverse effects, or likely adverse
effects, on the community arising from noise, emissions or traffic congestion
or from other matters stated in approved guidelines; or
(C) significant risks, or likely
significant risks, to public safety arising from heavy vehicle use that is
incompatible with road infrastructure or traffic conditions.
(2) The Regulator may
ask the relevant road authority to consent to the grant.
(3) If the Regulator
asks the relevant road authority for consent under this section, the road
authority must decide to give or not to give the consent—
(a)
within 3 months of the request; or
(b)
within a longer period, of not more than 6 months, agreed to by the Regulator.
(4) If the relevant
road authority gives the consent or gives the consent on the condition that a
stated road condition or travel condition is imposed on the mass or dimension
authority—
(a) the
decision of the relevant road manager has no effect for the purposes of this
Law; and
(b) to
the extent this Law applies in relation to the consent of, or the road
conditions or travel conditions required by, the relevant road manager, this
Law (other than this section) applies as if a reference in it to the relevant
road manager were a reference to the relevant road authority.
(5) In this
section—
relevant road authority , for a decision of a relevant road manager for a mass
or dimension authority, means the road authority for the participating
jurisdiction in which the road for which the relevant road manager is a road
manager is situated.
166—Information notice for decision to refuse application because road
manager did not give consent
(1) This section
applies if an application for a mass or dimension authority is refused, wholly
or partly, because a relevant road manager for the authority has refused to
consent to the authority.
(2) The information
notice for the decision to refuse the application given to the applicant under
this Law must state the following, in addition to any other information
required to be included in the information notice:
(a) that
the road manager has refused to consent to the mass or dimension authority;
(b) a
written statement that explains the road manager's decision to refuse to give
the consent and complies with section 172;
(c) the
review and appeal information for the road manager's decision to refuse to
give the consent.
167—Expedited procedure for road manager's consent for renewal of mass
or dimension authority
(1) This section
applies if—
(a) the
relevant road manager has previously consented to a grant of a mass or
dimension authority (the previous authority ); and
(b) the
Regulator proposes to grant a mass or dimension authority (the proposed
replacement authority ) by way of renewal so as to replace the previous
authority on its expiry; and
(c) the
Regulator proposes to impose the same conditions on the proposed replacement
authority as applied to the previous authority; and
(d) the
Regulator informs the relevant road manager that the Regulator is seeking to
obtain the manager's consent in accordance with the procedure under this
section (the expedited procedure ).
(2) However, this
section does not apply, or ceases to apply, if—
(a)
there are differences between the terms of the previous authority and the
terms of the proposed replacement authority, including, for example—
(i)
differences relating to the description of the type of
heavy vehicle covered by the proposed replacement authority; and
(ii)
additional, deleted or varied conditions; and
(iii)
the inclusion of additional areas or routes; or
(b) the
relevant road manager gives the Regulator a notice of objection to the
application of this section to the proposed replacement authority and that
notice of objection is given within the period (the relevant period )
of—
(i)
14 days after the request for consent is made; or
(ii)
28 days after the request for consent is made if the road
manager seeks the extension of time within the initial 14 days; or
(c) the
Regulator gives the relevant road manager a notice that the Regulator
withdraws the proposed replacement authority from the expedited procedure; or
(d) a
law of this jurisdiction requires consultation with third parties before the
grant of the proposed replacement authority or before access to a particular
route or area covered by it is given.
(3) The road manager
is taken to have given the consent at the end of the relevant period to the
grant of the proposed replacement authority on the same conditions as applied
to the previous authority, unless before the end of that period the road
manager gives written notice to the Regulator that the road manager gives or
refuses consent.
168—Operation of section 167
(1) Sections 156
to 166 do not apply to a request for consent while a proposed replacement
authority is being dealt with under the expedited procedure under
section 167.
(2) Those sections
apply to the request for consent if section 167 does not apply or ceases
to apply, as referred to in section 167(2).
169—Granting limited consent for trial purposes
(1) A relevant road
manager may give consent to the grant of a mass or dimension authority for a
trial period of no more than 3 months specified by the road manager.
(2) The trial period
determines the maximum period for which the mass or dimension authority
applies.
(3) If there is more
than one relevant road manager in relation to a proposed mass or dimension
authority, the consent of one or more of the road managers is ineffective
unless all the road managers give their consent to the same effect.
170—Renewal of limited consent for trial purposes
(1) The Regulator must
notify each relevant road manager that gave consent under section 169
that the mass or dimension authority concerned will be renewed with effect
from the end of the current period of its duration unless action is taken
under this section.
(2) The notification
must be given at least one month before the end of the current trial period.
(3) The Regulator must
renew the mass or dimension authority for a further trial period of no more
than 3 months, unless the Regulator receives a written objection to its
renewal from a relevant road manager within the current trial period.
(4) The mass or
dimension authority is renewable for one or more further trial periods.
171—Period for which mass or dimension authority applies where limited
consent
(1) This section
applies where a mass or dimension exemption is granted under section 169
or 170.
(2) In the case of a
mass or dimension exemption (permit) or a class 2 heavy vehicle authorisation
(permit), the period for which the permit applies must not exceed the length
of the trial period.
(3) In the case of a
mass or dimension exemption (notice) or a class 2 heavy vehicle authorisation
(notice), then, despite section 120 or 141, the period for which the
notice applies is so much of the period stated in the Commonwealth Gazette
notice referred to in that section as does not exceed the trial period.
172—Requirements for statement explaining adverse decision of road
manager
(1) This section
applies to a written statement explaining a decision of a relevant road
manager under this Division—
(a) not
to give consent to the grant of a mass or dimension authority (as referred to
in section 156A); or
(b) to
consent to the grant of a mass or dimension authority on the condition
that—
(i)
a road condition is imposed on the authority (as referred
to in section 160); or
(ii)
a travel condition is imposed on the authority (as
referred to in section 161).
(2) The written
statement complies with this section if it sets out the findings on material
questions of fact, referring to the evidence or other material on which those
findings were based and giving the reasons for the road manager's decision.
Division 3—Amendment, cancellation or suspension of mass or
dimension authority granted by Commonwealth Gazette notice
173—Amendment or cancellation on Regulator's initiative
(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 public notice—
(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) The Regulator must
publish a public notice of the amendment or cancellation.
(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.
174—Amendment or cancellation on request by relevant road manager
(1) This section
applies if a relevant road manager for a mass or dimension authority granted
by Commonwealth Gazette notice is satisfied the use of heavy vehicles on a
road under the authority—
(a) has
caused, or is likely to cause, damage to road infrastructure; or
(b) has
had, or is likely to have, an adverse effect on the community arising from
noise, emissions or traffic congestion or from other matters stated in
approved guidelines; or
(c) has
posed, or is likely to pose, a significant risk to public safety arising from
heavy vehicle use that is incompatible with road infrastructure or traffic
conditions.
(2) The road manager
may ask the Regulator to—
(a)
amend the mass or dimension authority by—
(ia)
amending the category of vehicle to which the authority applies; or
(ib)
amending the type of load that may be carried by vehicles to which the
authority applies; or
(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 or amending road conditions or travel
conditions; or
(b)
cancel the authority.
(3) The Regulator must
comply with the request.
(4) However, if
consent to the grant of the mass or dimension authority was given by a road
authority under section 163—
(a) the
Regulator may refer the request to the road authority; and
(b) if
the road authority gives the Regulator its written approval of the request,
the Regulator must comply with the request; and
(c) if
the road authority does not give written approval of the road manager's
request within 28 days after the referral is made, the Regulator—
(i)
must not comply with the request; and
(ii)
must notify the road manager that the road authority has
not given its written approval of the request and, as a result, the Regulator
must not comply with it.
(5) The Regulator must
publish a public notice of the amendment or cancellation.
(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.
175—Immediate suspension
(1) This section
applies if the Regulator considers it is necessary to suspend a mass or
dimension authority granted by Commonwealth Gazette notice immediately to
prevent or minimise serious harm to public safety or significant damage to
road infrastructure.
(2) The Regulator may,
by public notice, immediately suspend the authority until the earliest of the
following:
(a) the
end of 56 days after the day the public notice is published;
(b) the
Regulator publishes a notice under section 173(5) or 174(5) and the
amendment or cancellation takes effect under section 173(6)
or 174(6);
(c) the
Regulator cancels the suspension by public notice.
(4) The suspension,
and (where relevant) the cancellation of the suspension, takes effect
immediately after the Commonwealth Gazette notice is published under
subsection (3).
(5) This section
applies despite sections 173 and 174.
175A—Minor amendment
(1) The Regulator may
amend a mass or dimension authority, granted by Commonwealth Gazette notice,
in a minor respect—
(a) for
a formal or clerical reason; or
(b) in
another way that does not adversely affect the interests of a person who is
operating under the authority.
(2) The Regulator must
publish a public notice of the amendment.
Division 4—Amendment, cancellation or suspension of mass or
dimension authority granted by permit
176—Amendment or cancellation on application by permit holder
(1) The holder of a
permit for a mass or dimension authority may apply to the Regulator for an
amendment or cancellation of the authority.
(2) The application
must—
(a) be
in writing; and
(b) be
accompanied by the prescribed fee for the application; and
(c) if
the application is for an amendment, state clearly the amendment sought and
the reasons for the amendment; and
(d) be
accompanied by the permit.
(3) The Regulator may,
by notice given to the applicant, require the applicant to give the Regulator
any additional information the Regulator reasonably requires to decide the
application.
(4) If the proposed
amendment of the mass or dimension authority is—
(a) to
amend the areas or routes to which the authority applies (otherwise than by
omitting an area or route or reducing an area or route in size); or
(b) to
impose or amend road conditions or travel conditions,
then—
(c) the
Regulator must ask the relevant road managers (for the roads to which the
amendment relates) for their consent to the amendment; and
(d) the
provisions of Division 2 apply to the request for consent in the same way
as they apply to a request for consent under that Division, with the
modifications (if any) prescribed by the national regulations and with any
necessary modifications.
(5) The Regulator must
decide the application as soon as practicable after receiving it.
(6) If the Regulator
decides to grant the application—
(a) the
Regulator must give the applicant notice of the decision; and
(b) the
amendment or cancellation takes effect—
(i)
when notice of the decision is given to the applicant; or
(ii)
if a later time is stated in the notice, at the later
time; and
(c) if
the Regulator amended the authority, the Regulator must give the applicant a
replacement permit for the authority as amended; and
(d) if
the authority is amended to change the vehicle to which the authority applies
to an equivalent vehicle, the Regulator must give notice of the amendment to
the relevant road manager within 28 days after the authority is
amended.
(7) If the Regulator
decides not to amend or cancel the mass or dimension authority as sought by
the applicant, the Regulator must—
(a) give
the applicant an information notice for the decision; and
(b)
return the permit for the authority to the applicant.
(8) In this
section—
equivalent vehicle , of another vehicle, means a vehicle that—
(a) is
of the same category as the other vehicle; and
(b) has
mass requirements that are no more than the mass requirements applying to the
other vehicle; and
(c) has
dimension requirements that are no more than the dimension requirements
applying to the other vehicle; and
(d)
poses no greater public risk than the other vehicle.
177—Amendment or cancellation on Regulator's initiative
(1) Each of the
following is a ground for amending or cancelling a mass or dimension authority
granted by giving a person a permit:
(a) the
authority was granted because of a document or representation that was—
(i)
false or misleading; or
(ii)
obtained or made in an improper way;
(b) the
holder of the permit for the authority has contravened a condition of the
authority;
(c) 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 a mass or dimension authority
granted by giving a person a permit (the proposed action ), the Regulator must
give the holder of the permit a notice—
(a)
stating the proposed action; and
(b)
stating the ground for the proposed action; and
(c)
outlining the facts and circumstances forming the basis for the ground; and
(d) if
the proposed action is to amend the authority (including a condition of the
authority)—stating the proposed amendment; and
(e)
inviting the holder to make, within a stated time of at least 14 days
after the notice is given to the holder, written representations about why the
proposed action should not be taken.
(3) If, after
considering all written representations made under subsection (2)(e), 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 authority—
(i)
amend the authority, including, for example, as mentioned
in paragraph (a)(i), (ii) or (iii); or
(ii)
cancel the authority.
(4) The Regulator must
give the holder an information notice for the decision.
(5) The amendment or
cancellation takes effect—
(a) when
the information notice is given to the holder; or
(b) if a
later time is stated in the information notice, at the later time.
178—Amendment or cancellation on request by relevant road manager
(1) This section
applies if a relevant road manager for a mass or dimension authority granted
by giving a person a permit is satisfied the use of heavy vehicles on a road
under the authority—
(a) has
caused, or is likely to cause, damage to road infrastructure; or
(b) has
had, or is likely to have, an adverse effect on the community arising from
noise, emissions or traffic congestion or from other matters stated in
approved guidelines; or
(c) has
posed, or is likely to pose, a significant risk to public safety arising from
heavy vehicle use that is incompatible with road infrastructure or traffic
conditions.
(2) The road manager
may ask the Regulator to—
(a)
amend the mass or dimension authority, 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 or amending road conditions or travel conditions
on the authority; or
(b)
cancel the authority.
(3) The Regulator must
comply with the request.
(4) However, if
consent to the grant of the mass or dimension authority was given by a road
authority under section 163—
(a) the
Regulator may refer the request to the road authority; and
(b) if
the road authority gives the Regulator its written approval of the request,
the Regulator must comply with the request; and
(c) if
the road authority does not give written approval of the request within
28 days after the referral is made, the Regulator—
(i)
must not comply with the request; and
(ii)
must notify the road manager that the road authority has
not given its written approval of the request and, as a result, the Regulator
must not comply with it.
(5) If the mass or
dimension authority is amended or cancelled under this section, the Regulator
must give the holder of the permit for the authority notice of the amendment
or cancellation at least 28 days before the amendment or cancellation is
to take effect.
(6) The notice given
to the holder must state—
(a) the
day the amendment or cancellation is to take effect; and
(b) the
reasons given by the road manager for the amendment or cancellation; and
(c) the
review and appeal information for the road manager's decision.
179—Immediate suspension
(1) This section
applies if the Regulator considers it is necessary to suspend a mass or
dimension authority granted by issuing a permit to someone immediately to
prevent or minimise serious harm to public safety or significant damage to
road infrastructure.
(2) The Regulator may,
by notice ( immediate suspension notice ) given to the person to whom the
permit was given, immediately suspend the authority until the earliest of the
following:
(a) the
Regulator gives the person a notice under section 177(4) or 178(5) and
the amendment or cancellation takes effect under section 177(5) or 178;
(b) the
Regulator cancels the suspension;
(c) the
end of 56 days after the day the immediate suspension notice is given to the
person.
(3) This section
applies despite sections 176, 177 and 178.
180—Minor amendment of permit for a mass or dimension authority
(1) The Regulator may,
by notice given to the holder of a permit for a mass or dimension authority,
amend the authority in a minor respect—
(a) for
a formal or clerical reason; or
(b) in
another way that does not adversely affect the holder's interests.
(2) The Regulator must
give notice of the amendment to the relevant road manager—
(a) if
the authority is amended for a formal or clerical reason—within 28 days
after the authority is amended; or
(b) if
the authority is amended in another way—as soon as practicable, but no
later than 7 days, after the authority is amended.
Division 5—Provisions about permits for mass or dimension
authorities
181—Return of permit
(1) This section
applies to a mass or dimension authority granted by giving a person a permit.
(2) If the mass or
dimension authority is amended or cancelled, the Regulator may, by notice,
require the person to return the person's permit for the authority to the
Regulator.
(3) The person must
comply with the notice within 7 days after the notice is given to the person
or, if a longer period is stated in the notice, within the longer period.
Maximum penalty: $4 000.
(4) If the mass or
dimension authority has been amended, the Regulator must give the person a
replacement permit for the authority as amended.
182—Replacement of defaced etc permit
(1) If a person's
permit for a mass or dimension authority is defaced, destroyed, lost or
stolen, the person must, as soon as reasonably practicable after becoming
aware of the matter, apply to the Regulator for a replacement permit.
Maximum penalty: $4 000.
(2) If the Regulator
is satisfied the permit has been defaced, destroyed, lost or stolen, the
Regulator must give the person a replacement permit as soon as practicable.
(3) If the Regulator
decides not to give a replacement permit to the person, the Regulator must
give the person an information notice for the decision.
Part 9—Other offences
Division 1—Towing restriction
184—Towing restriction
(1) A person must not
drive a heavy motor vehicle towing more than 1 other vehicle.
Maximum penalty: $3 000.
(2) Subsection (1)
does not apply to a person driving a heavy vehicle—
(a)
under a mass or dimension authority; or
(b) in
circumstances prescribed by the national regulations.
Division 2—Coupling requirements
185—Requirements about coupling trailers
(1) A person commits
an offence if—
(a) the
person uses, or permits to be used, on a road a heavy combination; and
(b) a
trailer in the combination is not securely coupled to the vehicle in front of
it.
Maximum penalty: $6 000.
(2) A person commits
an offence if—
(a) the
person uses, or permits to be used, on a road a heavy combination; and
(b) the
components of a coupling used between vehicles in the heavy combination are
not compatible with, or properly connected to, each other.
Maximum penalty: $6 000.
(3) In this
section—
coupling means a device used to couple a vehicle in a combination to the
vehicle in front of it.
Division 3—Transport documentation
186—False or misleading transport documentation for goods
(1) This section
applies if goods are consigned for road transport using a heavy vehicle, or
for transport partly by road using a heavy vehicle and partly by some other
means.
(2) The consignor of
the goods must ensure, so far as is reasonably practicable, the consignment
documentation is not false or misleading.
Maximum penalty: $10 000.
(3) If the goods are
Australian-packed goods, the packer of the goods must ensure, so far as is
reasonably practicable, the consignment documentation is not false or
misleading.
Maximum penalty: $10 000.
(4) If the goods are
overseas-packed goods, the receiver of the goods must ensure, so far as is
reasonably practicable, the consignment documentation is not false or
misleading.
Maximum penalty: $10 000.
(5) If the goods are
loaded on the heavy vehicle, the loading manager for, or loader of, the goods
must ensure, so far as is reasonably practicable, the consignment
documentation is not false or misleading.
Maximum penalty: $10 000.
(8) In a proceeding
for an offence against subsection (2), (3), (4) or (5), it is enough for
a charge to state that the transport documentation was 'false or misleading',
without specifying whether it was false or whether it was misleading.
(9) In this
section—
Australian-packed goods means goods packed—
(a) in
Australia; and
(b) on a
pallet or in a package, freight container or other container;
consignment documentation , for goods, means the transport documentation for
the consignment of the goods, in so far as the documentation relates to the
mass, dimension or loading of any or all of the goods;
overseas-packed goods means goods packed—
(a)
outside Australia; and
(b) on a
pallet or in a package, freight container or other container;
receiver , of goods in Australia, means a person who, other than the person
who merely unloads the goods—
(a)
first receives the goods in Australia; or
(b)
unpacks the goods after the goods are first unloaded in Australia.
187—False or misleading information in container weight declaration
(1) This section
applies in relation to a freight container to be transported by road using a
heavy vehicle, or partly by road using a heavy vehicle and partly by some
other means.
(2) The responsible
entity for the freight container must ensure, so far as is reasonably
practicable, the container weight declaration for the container that is given
to an operator of the heavy vehicle is not false or misleading.
Maximum penalty: $10 000.
(3) An operator of the
heavy vehicle must ensure, so far as is reasonably practicable, the container
weight declaration for the container that is given to the vehicle's driver is
not false or misleading.
Maximum penalty: $10 000.
(4) For the purposes
of this section, information in a container weight declaration is not false or
misleading merely because it overstates the actual weight of the freight
container and its contents.
(7) In a proceeding
for an offence against subsection (2) or (3), it is enough for a charge
to state that information contained in the container weight declaration was
'false or misleading', without specifying whether it was false or whether it
was misleading.
Division 4—Other offences about container weight declarations
188—Application of Division 4
This Division applies to a freight container consigned for road transport
using a heavy vehicle, or for transport partly by road using a heavy vehicle
and partly by some other means.
189—Meaning of complying container weight declaration
A container weight declaration for a freight container is a complying
container weight declaration if—
(a) it
contains the following additional information:
(i)
the number and other particulars of the freight container
necessary to identify the container;
(ii)
the name and residential address or business address in
Australia of the responsible entity for the freight container;
(iii)
the date the container weight declaration is made; and
(b) it
is written and easily legible.
190—Duty of responsible entity
(1) The responsible
entity for the freight container must ensure an operator or driver of a heavy
vehicle does not transport the freight container by road using the vehicle
without a complying container weight declaration for the freight container
containing information in the form required under section 192A, unless
the responsible entity has a reasonable excuse.
Maximum penalty: $6 000.
191—Duty of operator
(1) An operator of a
heavy vehicle must ensure the vehicle's driver does not transport the freight
container by road using the vehicle without a complying container weight
declaration for the freight container containing information in the form
required under section 192A.
Maximum penalty: $6 000.
(2) If the driver of a
heavy vehicle does not have the complying container weight declaration when
transporting the freight container by road using the vehicle, an operator of
the vehicle is taken to have contravened subsection (1) unless the
operator—
(a)
proves that the driver was provided with the declaration before the driver
started transporting the freight container; or
(b) has
a reasonable excuse.
(3) If the freight
container is to be transported by another carrier, an operator of a heavy
vehicle must, unless the operator has a reasonable excuse, ensure the freight
container is not given to the carrier unless the carrier has been provided
with—
(a) a
complying container weight declaration for the freight container containing
information in the form required under section 192A; or
(b) the
prescribed particulars contained in a complying container weight declaration
for the freight container.
Maximum penalty: $6 000.
(6) In this
section—
another carrier means another operator of a heavy vehicle or another person
who is to transport the freight container other than by road;
prescribed particulars , contained in a complying container weight declaration
for a freight container, means—
(a)
information about the weight of the freight container and its contents; and
(b) the
information mentioned in section 189(a).
192—Duty of driver
(1) A person must not
drive a heavy vehicle loaded with the freight container on a road without a
complying weight declaration for the container, unless the person has a
reasonable excuse.
Maximum penalty: $6 000.
(2) The driver of a
heavy vehicle loaded with the freight container must, unless the driver has a
reasonable excuse, when driving the vehicle on a road, keep the complying
container weight declaration for the container—
(a) in
or about the vehicle; and
(b) in a
way that ensures information in the declaration is in the form required under
section 192A.
Maximum penalty: $3 000.
192A—Form of information in container weight declaration
(1) This section
applies for the purposes of sections 190(1), 191(1) and (3)(a) and
192(2)(b).
(2) The responsible
entity, operator or driver must ensure the information in the container weight
declaration is in a form readily available to an authorised officer who seeks
to ascertain it while in the presence of the freight container, including, for
example, by—
(a)
examining documents located in the heavy vehicle on which the freight
container is loaded or to be loaded; or
(b)
examining documents made available to the authorised officer on an electronic
device or otherwise in electronic form.
Division 5—Other offences
193—Weight of freight container exceeding weight stated on container or
safety approval plate
(1) This section
applies if a freight container contains goods consigned for road transport
using a heavy vehicle, or for transport partly by road using a heavy vehicle
and partly by some other means.
(2) Each consignor or
packer of the goods must ensure, so far as is reasonably practicable, the
weight of the container does not exceed the maximum gross weight marked
on—
(a) the
container; or
(b) the
container's safety approval plate.
Maximum penalty: $10 000.
(5) In this
section—
safety approval plate , for a freight container, means the safety approval
plate required to be attached to the container under the International
Convention for Safe Containers set out in Schedule 5 of the Navigation
Act 1912 of the Commonwealth.
Part 10—Other provisions
195—Conflicting mass requirements
(1) This section
applies if 2 or more conflicting mass requirements apply to a heavy vehicle.
(2) Of the conflicting
requirements, the requirement imposing the lower or lowest mass limit applies
to the heavy vehicle and the other requirement or requirements must be
disregarded to the extent of the conflict.
196—Conflicting dimension requirements
(1) This section
applies if 2 or more conflicting dimension requirements apply to a heavy
vehicle.
(2) Of the conflicting
requirements, the requirement imposing the more or most restrictive dimension
limit applies to the heavy vehicle and the other requirement or requirements
must be disregarded to the extent of the conflict.
197—Exemption from compliance with particular requirements in emergency
(1) The Regulator may,
orally or in writing, exempt a heavy vehicle, or the driver or operator of a
heavy vehicle, from a prescribed requirement if the Regulator is
satisfied—
(a) the
vehicle is being used, or is intended to be used, in an emergency, including,
for example, a fire, explosion or natural disaster—
(i)
to protect life or property; or
(ii)
to restore communication or the supply of energy or water
or services, including, for example, sewage disposal; and
(b)
granting the exemption will not create an unreasonable danger to other road
users.
(2) An exemption
granted under subsection (1) may be subject to conditions the Regulator
considers appropriate.
(3) If an exemption is
granted orally under subsection (1), the Regulator must, as soon as
practicable—
(a) make
a written record of the exemption and any conditions to which it is subject;
and
(b) give
a copy of the written record to an operator of the heavy vehicle to which it
relates.
(4) An exemption under
this section has effect only while the conditions, if any, to which it is
subject are complied with.
(5) The Regulator is
to notify the relevant road authority of the grant of an exemption under
subsection (1) as soon as practicable after it is granted.
(6) In this
section—
prescribed requirement means—
(a) a
mass requirement; or
(b) a
dimension requirement; or
(c) a
requirement under Chapter 4 Part 5, including, for example, a
requirement to comply with a condition of an exemption under that Part; or
(d) a
requirement under Chapter 4 Part 6, including, for example, a
requirement to comply with a condition of an authorisation under that Part;
relevant road authority , for an exemption granted under subsection (1),
means the road authority for the participating jurisdiction in which the road
likely to be travelled under the exemption is situated.
198—Recovery of losses arising from non-provision of container weight
declaration
(1) This section
applies if the driver of a heavy vehicle transporting a freight container by
road using the vehicle has not been provided with a container weight
declaration for the freight container before starting to transport the freight
container.
(2) A person who has
incurred a loss as a result of the declaration not being provided (the
plaintiff ) has a right to recover the loss from the responsible entity for
the freight container.
(3) For the purposes
of subsection (2), the losses that may be recovered include the
following:
(a) loss
incurred from delays in the delivery of the freight container, any of its
contents or any other goods;
(b) loss
incurred from the damage to or spoliation of anything contained in the freight
container;
(c) loss
incurred from providing another heavy vehicle, and loss incurred from delays
arising from providing another heavy vehicle;
(d)
costs or expenses incurred for weighing the freight container or any of its
contents.
(4) The plaintiff may
enforce the plaintiff's right to recovery under subsection (2) by
bringing a proceeding in a court of competent jurisdiction for an order for
payment of the monetary value of the loss.
199—Recovery of losses for provision of inaccurate container weight
declaration
(a) an
operator or driver of a heavy vehicle transporting a freight container by road
using the vehicle has been provided with a container weight declaration for
the freight container; and
(b) the
declaration contains information (the false or misleading information ) that
is false or misleading because it—
(i)
understates the weight of the container; or
(ii)
otherwise indicates the weight of the container is lower
than its actual weight; and
(c) a
contravention of a mass requirement applying to the heavy vehicle occurs as a
result of the operator or driver relying on the false or misleading
information; and
(d) at
the relevant time, the operator or driver either—
(i)
had a reasonable belief the vehicle was not in
contravention of the mass requirement; or
(ii)
did not know, and ought not reasonably to have known,
that the minimum weight stated in the declaration was lower than the actual
weight of the container.
(2) A person who has
incurred a loss as a result of the declaration containing the false or
misleading information (the plaintiff ) has a right to recover the loss from
the responsible entity for the freight container.
(3) For the purposes
of subsection (2), the losses that may be recovered include the
following:
(a) the
amount of a fine or other penalty imposed on the plaintiff for an offence
against this Law;
(b) the
amount of a fine or other penalty imposed on an employee or agent of the
plaintiff for an offence against this Law and reimbursed by the plaintiff;
(c) loss
incurred from delays in the delivery of the freight container, any of its
contents, or any other goods;
(d) loss
incurred from the damage to or spoliation of anything contained in the freight
container;
(e) loss
incurred from providing another heavy vehicle, and loss incurred from delays
arising from providing another heavy vehicle;
(f)
costs or expenses incurred for weighing the freight container or any of its
contents.
(4) The plaintiff may
enforce the plaintiff's right to recovery under subsection (2) by
bringing a proceeding in a court of competent jurisdiction for an order for
payment of the monetary value of the loss.
200—Recovery by responsible entity of amount paid under section 199
(1) This section
applies if, under section 199, a person brings a proceeding (a recovery
proceeding ) in a court for an order that the responsible entity for a freight
container pay the person an amount for loss incurred by the person as a result
of the container weight declaration for the freight container containing false
or misleading information mentioned in section 199(1)(b).
(2) The responsible
entity has a right to recover from a person (the information provider ) who
provided the responsible entity with all or part of the false or misleading
information the part of the amount (the attributable amount ) attributable to
the information provided by the information provider.
(3) The responsible
entity may enforce the entity's right to recovery under subsection (2)
by—
(a) if
the recovery proceeding has not been decided—joining the information
provider in the proceeding and applying to the court for an order that the
information provider pay the attributable amount to the responsible entity if
an order is made under section 199(4); or
(b) if
the recovery proceeding has been decided—bringing a proceeding in a
court of competent jurisdiction for an order that the information provider pay
the attributable amount to the responsible entity.
201—Assessment of monetary value or attributable amount
(1) The court may
assess the monetary value of a loss recoverable under section 198(2) or
199(2), or the attributable amount recoverable under section 200(2), in
the way it considers appropriate.
(2) In making the
assessment, the court may have regard to the matters it considers appropriate,
including any evidence adduced in a proceeding for an offence against this
Law.
Chapter 6—Vehicle operations—driver fatigue
Part 1—Preliminary
220—Main purpose of Chapter 6
(1) The main purpose
of this Chapter is to provide for the safe management of the fatigue of
drivers of fatigue-regulated heavy vehicles while they are driving on a road.
(2) The main purpose
is achieved by—
(a)
imposing duties on drivers of fatigue-regulated heavy vehicles and particular
persons whose activities influence the conduct of drivers of fatigue-regulated
heavy vehicles in a way that affects the drivers' fatigue when driving on a
road; and
(b)
imposing general duties directed at preventing persons driving
fatigue-regulated heavy vehicles on a road while impaired by fatigue; and
(c)
imposing additional duties directed at helping drivers of fatigue-regulated
heavy vehicles to comply with this Chapter, which are imposed on particular
parties in the chain of responsibility; and
(d)
providing for the maximum work requirements and minimum rest requirements
applying to drivers of fatigue-regulated heavy vehicles; and
(e)
providing for recording the work times and rest times of drivers, amongst
other things.
221—Definitions for Chapter 6
In this Chapter—
100km work has the meaning given by section 289(1);
100+km work has the meaning given by section 289(2);
AFM fatigue management system has the meaning given by section 457;
AFM hours has the meaning given by section 257;
approved electronic recording system means an electronic recording system the
subject of a current approval under section 343 or a corresponding
fatigue law;
approved sleeper berth means—
(a) for
a fatigue-regulated heavy vehicle other than a fatigue-regulated bus—a
driver's sleeper berth that complies with ADR 42 and is able to be used by the
driver when resting; or
(b) for
a fatigue-regulated bus—a driver's sleeper berth that—
(i)
complies with a standard for sleeper berths that is
approved by the responsible Ministers under section 654; and
(ii)
is able to be used by the driver when resting;
BFM hours has the meaning given by section 253;
cancel , in relation to an unused daily sheet in a written work diary, means
cancel by writing 'cancelled' in large letters across the sheet;
cause of fatigue means any factor that could cause or contribute to a person
being fatigued while driving a fatigue-regulated heavy vehicle on a road
(whether or not the cause arises while the person is at work);
Examples—
• physical or
mental exertion
• long periods
of time awake
• not enough
sleep or not enough restorative sleep
• not enough
rest time
• a person's
circadian rhythm (body clock)
• environmental
stress factors, including heat, noise, vibrations
• personal
health
corresponding fatigue law —
(1) A corresponding
fatigue law is a law of a non-participating jurisdiction that provides for the
same, or substantially the same, matters as this Chapter.
(2) A corresponding
fatigue law for a provision of this Chapter is a provision of a corresponding
fatigue law within the meaning of paragraph (1) that corresponds, or
substantially corresponds, to the provision of this Chapter.
(3) For the purposes
of paragraph (1), it is irrelevant whether the law of the
non-participating jurisdiction—
(a) is
in 1 instrument or 2 or more instruments; or
(b) is
part of an instrument; or
(c) is
part of an instrument and the whole or part of 1 or more other instruments;
critical risk breach , for a maximum work requirement or minimum rest
requirement, has the meaning given by section 222(4);
daily sheet , for a written work diary, has the meaning given by
section 338(2)(b);
electronic recording system means a system of recording information
electronically;
electronic work diary , in relation to a fatigue-regulated heavy vehicle,
means all or part of an approved electronic recording system that is fitted to
or used in relation to the vehicle to record information a driver of the
vehicle is required by this Law to record in a work diary for the purposes of
this Law;
entry , in a work record, means anything written or otherwise recorded in the
work record;
exemption hours has the meaning given by section 259;
fatigue has the meaning given by section 223;
impaired by fatigue has the meaning given by section 225;
intelligent access program reporting entity , for an approved intelligent
transport system, means a person on whom there is an obligation, imposed by
Chapter 7, to report a malfunction of or tampering with the system to the
Regulator;
loading manager —
Note—
Section 5 contains the definition loading manager . That definition is
affected by the definition regular loading or unloading premises , and is used
in this Chapter.
As a result of the interaction of the 2 definitions, this Chapter applies to a
person as a loading manager only if the premises concerned are premises at or
from which an average of at least 5 fatigue-regulated heavy vehicles are
loaded or unloaded on each day the premises are operated for loading or
unloading heavy vehicles.
major rest break means rest time of at least 5 continuous hours;
malfunction , of an electronic work diary or an odometer, means the work diary
or odometer—
(a)
ceases to work at all, or works only intermittently; or
(b) does
not perform 1 or more functions required under this Chapter; or
(c)
performs the functions mentioned in paragraph (b) only intermittently; or
(d)
performs the functions mentioned in paragraph (b) in a way that is
inaccurate or unreliable, including intermittently inaccurate or unreliable;
Examples of an electronic work diary malfunctioning—
• corruption of
data held in the electronic work diary
• a software
program fault
• physical
damage that impairs the functioning of the electronic work diary
Example of an odometer malfunctioning—
• an odometer
that no longer keeps an accurate record of distance travelled
minor risk breach has the meaning given by section 222(1);
night work time means work time between midnight and 6 am;
Note—
Under sections 248 and 303, the time must be based on the time zone of
the driver's base for drivers on a journey in a different time zone to the
driver's base.
non-participating jurisdiction means a State or Territory that is not a
participating jurisdiction;
participating jurisdiction means a State or Territory in which—
(a) this
Chapter applies as a law of the State or Territory; or
(b) a
law containing provisions that substantially correspond to the provisions of
this Chapter is in force;
record keeper has the meaning given by section 317;
record location , of the driver of a fatigue-regulated heavy vehicle, has the
meaning given by section 290;
rest , in relation to a fatigue-regulated heavy vehicle, means not work in
relation to a fatigue-regulated heavy vehicle;
rest time , for the driver of a fatigue-regulated heavy vehicle, means any
time that is not work time for the driver;
severe risk breach has the meaning given by section 222(3);
sign of fatigue means any sign that a person was, is or will be fatigued while
driving a fatigue-regulated heavy vehicle on a road (whether the sign
manifests itself before, during or after the driver drove the vehicle);
Examples—
• lack of
alertness
• inability to
concentrate
• reduced
ability to recognise or respond to external stimuli
• poor judgment
or memory
• making more
mistakes than usual
• drowsiness, or
falling asleep, at work (including microsleeps)
• finding it
difficult to keep eyes open
• needing more
frequent naps than usual
• not feeling
refreshed after sleep
• excessive
head-nodding or yawning
• blurred vision
• mood changes,
increased irritability or other changes to the person's mental health
• changes to the
person's health or fitness
solo driver means a driver who is not a party to a two-up driving arrangement;
standard hours has the meaning given by section 249;
stationary rest time means rest time a driver spends—
(a) out
of a fatigue-regulated heavy vehicle; or
(b) in
an approved sleeper berth of a stationary fatigue-regulated heavy vehicle;
substantial risk breach has the meaning given by section 222(2);
supplementary record means a supplementary record made under section 305;
tamper , with an approved electronic recording system, has the meaning given
by section 334;
two-up driving arrangement means an arrangement under which 2 persons share
the driving of a fatigue-regulated heavy vehicle that has an approved sleeper
berth;
work , in relation to a fatigue-regulated heavy vehicle, means—
(a)
drive a fatigue-regulated heavy vehicle; or
(b)
instruct another person to drive, or supervise another person driving, a
fatigue-regulated heavy vehicle; or
(c)
perform another task relating to the use of a fatigue-regulated heavy vehicle,
including, for example—
(i)
load things onto, or unload things from, the heavy
vehicle; and
(ii)
inspect, service or repair the heavy vehicle; and
(iii)
inspect or attend to a load on the heavy vehicle; and
(iv)
if the heavy vehicle is a bus, attend to passengers on
the bus; and
(v)
clean or refuel the heavy vehicle; and
(vi)
perform marketing tasks in relation to the use of the
vehicle; and
Examples for the purposes of subparagraph (vi)—
• arranging for
the transport of goods or passengers by the heavy vehicle
• canvassing for
orders for the transport of goods or passengers by the heavy vehicle
(vii)
help another person to perform, or supervise another
person performing, a task mentioned in any of subparagraphs (i) to (vi);
and
(viii)
record information or complete a document, as required
under this Law, a corresponding fatigue law or otherwise, in relation to the
use of the vehicle; or
(d)
occupy the driver's seat of a fatigue-regulated heavy vehicle while its engine
is running;
work and rest change , for the driver of a fatigue-regulated heavy vehicle,
means—
(a) a
change from work time to rest time; or
(b) a
change from rest time to work time; or
(c) a
change from being a solo driver to being a driver who is a party to a two-up
driving arrangement; or
(d) a
change from being a driver who is a party to a two-up driving arrangement to
being a solo driver;
work and rest hours option has the meaning given by section 243;
work diary , for the driver of a fatigue-regulated heavy vehicle—
(a)
generally, means a written work diary or electronic work diary kept by the
driver for the purposes of this Law; and
(b) for
Subdivision 1 of Division 2 of Chapter 6 Part 4, see
section 292;
work record means—
(a) a
written or electronic work diary of the driver of a fatigue-regulated heavy
vehicle; or
(b) a
supplementary record; or
(c) a
record required to be made or kept under (or by a condition under)
Division 2, Division 3, Division 9 or Division 10 of
Chapter 6 Part 4; or
(d) a
copy of a document, or an entry in a document, mentioned in
paragraph (a), (b) or (c);
work time , for the driver of a fatigue-regulated heavy vehicle, means any
time the driver spends undertaking work in relation to the vehicle;
written work diary means a written work diary issued to the driver of a
fatigue-regulated heavy vehicle by the Regulator under section 340 or a
corresponding fatigue law.
222—Categories of breaches
(1) A contravention of
a maximum work requirement or minimum rest requirement is a minor risk breach
if it is declared under the national regulations to be a breach in the minor
risk category.
(2) A contravention of
a maximum work requirement or minimum rest requirement is a substantial risk
breach if it is declared under the national regulations to be a breach in the
substantial risk category.
(3) A contravention of
a maximum work requirement or minimum rest requirement is a severe risk breach
if it is declared under the national regulations to be a breach in the severe
risk category.
(4) A contravention of
a maximum work requirement or minimum rest requirement is a critical risk
breach if it is declared under the national regulations to be a breach in the
critical risk category.
Part 2—Duties relating to fatigue
Division 1—Preliminary
223—What is fatigue
(1) Fatigue includes
(but is not limited to)—
(b)
feeling physically or mentally tired, weary or drowsy; and
(c)
feeling exhausted or lacking energy; and
(d)
behaving in a way consistent with paragraph (a), (b) or (c).
(2) The national
regulations may contain provisions supplementing, clarifying or providing
examples for any of the provisions of sections 223 to 226.
224—Matters court may consider in deciding whether person was fatigued
(1) When deciding
whether the driver of a fatigue-regulated heavy vehicle was fatigued, a court
may consider the following:
(a) what
is commonly understood as being fatigued;
(b) the
causes of fatigue;
(c) the
signs of fatigue;
(d) any
relevant body of fatigue knowledge;
(e) any
other matter prescribed by the national regulations.
(2) Subsection (1)
does not limit the matters the court may consider when deciding whether a
driver was impaired by fatigue.
225—What is impaired by fatigue
A driver is impaired by fatigue if the driver's ability to drive a
fatigue-regulated heavy vehicle safely is affected by fatigue.
226—Matters court may consider in deciding whether person was impaired
by fatigue
(1) When deciding
whether the driver of a fatigue-regulated heavy vehicle was impaired by
fatigue, a court may consider any of the following:
(a) any
relevant cause of fatigue or sign of fatigue that was evident, and the degree
to which it may indicate that the driver was impaired by fatigue;
(b) any
behaviour exhibited by the driver that may have resulted from the driver being
impaired by fatigue;
Examples for the purposes of paragraph (b)—
• the
circumstances of any incident, crash or near miss
• poor driving
judgement
• inattentive
driving such as drifting into other lanes on a road or not changing gears
smoothly
(c) the
nature and extent of any physical or mental exertion by the driver;
(d)
whether the driver was in breach of the driver's work and rest hours option.
(2) Subsection (1)
does not limit the matters the court may consider when deciding whether a
driver was impaired by fatigue.
(3) A court may
consider the driver to be impaired by fatigue even if the driver has complied
with—
(a) the
requirements of this Law, including, for example, the maximum work
requirements and minimum rest requirements applying to the driver; or
(b) any
other law.
Division 2—Duty to avoid fatigue
228—Duty of driver to avoid driving while fatigued
(1) A person must not
drive a fatigue-regulated heavy vehicle on a road while the person is impaired
by fatigue.
Maximum penalty: $6 000.
(2) If, in relation to
conduct at a particular time in relation to which a driver has been charged
with an offence under subsection (1), the driver has been convicted of a
prescribed driver offence under another law in relation to—
(a) the
same conduct; or
(b) the
same kind of conduct occurring during the same journey,
the court must discharge the proceedings against the driver.
(3) If, in relation to
conduct at a particular time in relation to which a driver has been charged
with an offence under subsection (1), the driver has been convicted of
the offence and is also charged with a prescribed driver offence under another
law (the other offence ) in relation to—
(a) the
same conduct; or
(b) the
same kind of conduct occurring during the same journey,
the court dealing with the other offence must discharge the proceedings
against the driver for the other offence.
(4) In this
section—
prescribed driver offence under another law means an offence under another law
of any jurisdiction prescribed for this definition by the national regulations
or a law of that jurisdiction.
Part 3—Requirements relating to work time and rest time
Division 1—Preliminary
243—What is a driver's work and rest hours option
(1) The work and rest
hours option of the driver of a fatigue-regulated heavy vehicle is the maximum
work requirements and minimum rest requirements applying to the driver under
this Law.
(2) The work and rest
hours option is—
(a) the
standard work and rest arrangements, which—
(i)
apply to drivers of fatigue-regulated heavy vehicles
operating other than under a BFM accreditation, AFM accreditation or work and
rest hours exemption; and
(ii)
are known as 'standard hours'; or
(b) the
BFM work and rest arrangements, which—
(i)
apply to drivers of fatigue-regulated heavy vehicles
operating under a BFM accreditation; and
(ii)
are known as 'BFM hours'; or
(c) the
AFM work and rest arrangements, which—
(i)
apply to drivers of fatigue-regulated heavy vehicles
operating under an AFM accreditation; and
(ii)
are known as 'AFM hours'; or
(d) the
maximum work times and minimum rest times stated in a work and rest hours
exemption, which—
(i)
apply to drivers of fatigue-regulated heavy vehicles
operating under the exemption; and
(ii)
are known as 'exemption hours'.
244—Counting time spent in participating jurisdictions
When counting work time or rest time spent by the driver of a
fatigue-regulated heavy vehicle for this Part, the work time or rest time
spent by the driver in any participating jurisdiction must be counted.
245—Counting time spent outside participating jurisdictions
(1) This section
applies to the driver of a fatigue-regulated heavy vehicle if the driver
drives a fatigue-regulated heavy vehicle into a participating jurisdiction
from a non-participating jurisdiction.
(2) If, within the
last 7 days, the driver has spent any work time in a participating
jurisdiction, any time spent by the driver in the non-participating
jurisdiction must be treated in the same way as it would have been treated if
the time had been spent in a participating jurisdiction.
(3) If, within the
last 7 days, the driver spent work time only in non-participating
jurisdictions—
(a) any
time spent by the driver in the non-participating jurisdiction before the
start of the driver's last major rest break before entering a participating
jurisdiction must be disregarded; and
(b) any
time spent by the driver in the non-participating jurisdiction after the start
of the last major rest break mentioned in paragraph (a) must be—
(i)
taken into account; and
(ii)
treated in the same way as it would have been treated if
the time had been spent in a participating jurisdiction.
246—Counting periods of less than 15 minutes—written work diaries
(1) This section
applies if a driver uses a written work diary.
(2) Work time must be
counted in 15 minute periods.
(3) A period of work
time of less than 15 minutes counts as 15 minutes work time.
Examples for the purposes of subsection (3)—
1 A period of working for 14 minutes counts as
15 minutes work time.
2 A period of working for 17 minutes counts as
30 minutes work time.
3 A period of working for 53 minutes counts as
1 hour work time.
(4) Rest time must be
counted in blocks of time of no less than 15 minutes.
(5) A period of rest
time of less than 15 minutes must be disregarded.
Examples for the purposes of subsection (5)—
1 A period of not working for only 14 minutes does
not count as rest time, because 14 minutes is less than 15 minutes.
2 A period of not working for 17 minutes counts as
15 minutes rest time, because 17 minutes is more than
15 minutes, but is less than 2 lots of 15 minutes (30 minutes).
246A—Counting periods of less than 15 minutes—electronic work
diaries
(1) This section
applies if a driver uses an electronic work diary.
(2) Work time and rest
time must be counted in 1 minute periods.
(3) A period of work
time or rest time of less than 1 minute must not be counted.
(4) A period of rest
time of less than 15 minutes does not count towards a minimum rest time.
Examples for the purposes of subsection (4)—
1 A period of not
working for 10 minutes does not count towards a minimum rest time because 10
minutes is less than 15 minutes.
2 A period of not
working on 3 separate occasions for 14 minutes, 24 minutes and 22 minutes
does not count as 60 minutes rest time because the period of
14 minutes, being less than 15 minutes, is disregarded.
Note—
This section relates to calculating whether a driver has complied with maximum
work requirements and minimum rest requirements applying to the driver. It
does not matter if the technology used by an electronic work diary counts a
period less than 1 minute mentioned in subsections (2) and (3) in the
course of arriving at calculations that comply with the subsections.
247—Time to be counted after rest time ends
When counting time in a period, the time must not be counted from within rest
time, but instead must be counted forward from—
(a) if 1
or more major rest breaks are relevant to the period—the end of a
relevant major rest break; or
(b) in
any other case—the end of a relevant period of rest time.
Example—
An authorised officer intercepts the driver of a fatigue-regulated heavy
vehicle on a Friday and inspects the driver's work diary. The driver operates
under standard hours. The officer examines the work diary entries for the
previous Monday. The entries show that the driver completed 7 continuous hours
of stationary rest time at 6.30 am on that day, started work at that time,
worked until 11 am that day, had 45 minutes of rest time, worked until 5 pm
that day, then had stationary rest time until 4.30 am on the following day,
Tuesday, and then worked until 6.30 am on that day.
In order to determine the total number of hours worked by the driver in a 24
hour period starting on the Monday, then in accordance with
section 247(a) the officer must commence counting from the end of the
relevant major rest break, which in this case is from 6.30 am on the Monday
until 6.30 am on the Tuesday. Adding up the driver's work periods — 6.30
am to 11 am, 11.45 am to 5.00 pm and 4.30 am to 6.30 am — results in a
total of 11¾ hours worked in the 24 hour period.
The officer might also decide to assess whether the driver has complied with
his or her maximum work and minimum rest requirements for the same 24 hour
period.
For instance, in any period of 5½ hours, a driver must not work for more
than 5¼ hours and must have at least 15 minutes continuous rest when
operating under standard hours. To assess whether the driver has complied with
this requirement, then in accordance with section 247(b) the officer must
commence counting only from the end of a period of rest — from either
6.30 am or 11.45 am on the Monday, or from 4.30 am on the Tuesday. If the
officer commenced counting at the end of the rest time that finished at 11.45
am, the officer would see that the driver had worked for 5¼ continuous
hours before commencing rest.
For the purposes of determining whether on Monday the driver had a minimum of
7 continuous hours stationary rest in a 24 hour period as required under
standard hours, the officer must assess the length of the periods of
stationary rest time the driver had between the end of the major rest break
that finished at 6.30 am on the Monday and 6.30 am on the Tuesday. The officer
sees that between 5 pm on the Monday and 4.30 am on the Tuesday the driver had
a total of 11½ continuous hours of stationary rest time.
248—Time to be counted by reference to time zone of driver's base
If the driver of a fatigue-regulated heavy vehicle undertakes a journey and is
in a different time zone from the time zone of the driver's base at the time
when a period of time is relevant for the purposes of this Law, the period
must be counted by reference to the time zone of the driver's base.
Example—
If, for the driver of a fatigue-regulated heavy vehicle with a base in
Queensland, it is necessary to work out the hours of night work time while the
driver is in Western Australia on a journey, the hours of night work time are
the hours between midnight and 6 am in the Queensland time zone (being the
time zone in which the driver's base is situated), even though the hours
equate to 10 pm and 4 am in Western Australia.
Division 2—Standard work and rest arrangements
249—Standard hours
(1) The national
regulations may prescribe the maximum work times and minimum rest times (the
standard hours ) applying to the driver of a fatigue-regulated heavy vehicle
for a period if the driver is not operating under a BFM accreditation, AFM
accreditation or work and rest hours exemption.
(2) Without limiting
subsection (1), the national regulations may prescribe—
(a)
different standard hours for solo drivers, solo drivers of fatigue-regulated
buses and drivers who are a party to a two-up driving arrangement; and
(b) that
a solo driver of a fatigue-regulated bus may operate under either, but not
both, the standard hours for solo drivers or the standard hours for solo
drivers of fatigue-regulated buses; and
(c) that
a minor risk breach of a maximum work requirement prescribed in the
regulations is not to be treated as a minor risk breach.
(3) A minor risk
breach prescribed for the purposes of subsection (2)(c) is not a
contravention of section 250 or 251.
250—Operating under standard hours—solo drivers
(1) The solo driver of
a fatigue-regulated heavy vehicle commits an offence if, in any period stated
in the standard hours for the driver, the driver—
(a)
works for more than the maximum work time stated in the standard hours for the
period; or
(b)
rests for less than the minimum rest time stated in the standard hours for the
period.
Maximum penalty:
(a) for
a minor risk breach—$4 000; or
(b) for
a substantial risk breach—$6 000; or
(c) for
a severe risk breach—$10 000; or
(d) for
a critical risk breach—$15 000.
251—Operating under standard hours—two-up drivers
(1) The driver of a
fatigue-regulated heavy vehicle who is a party to a two-up driving arrangement
commits an offence if, in any period stated in the standard hours for the
driver, the driver—
(a)
works for more than the maximum work time stated in the standard hours for the
period; or
(b)
rests for less than the minimum rest time stated in the standard hours for the
period.
Maximum penalty:
(a) for
a minor risk breach—$4 000; or
(b) for
a substantial risk breach—$6 000; or
(c) for
a severe risk breach—$10 000; or
(d) for
a critical risk breach—$15 000.
252—Defence relating to short rest breaks for drivers operating under
standard hours
(1) This section
applies if, at a particular time, the driver of a fatigue-regulated heavy
vehicle is required, under section 250 or 251, to have a short rest
break.
Examples of when this section applies—
The driver is required to have 15 continuous minutes rest time because—
(a) the
driver has worked for 5¼ hours; or
(b) the
driver has worked for 7½ hours and has only had 15 continuous
minutes rest time during that period; or
(c) the
driver has worked for 10 hours and has only had 3 lots of 15 continuous
minutes rest time during that period.
(2) In a proceeding
for an offence against section 250 or 251 relating to the driver failing
to have the short rest break, it is a defence for the driver to prove
that—
(a) at
the time the driver was required to have the short rest break, there was no
suitable rest place for fatigue-regulated heavy vehicles; and
(b) the
driver had the short rest break—
(i)
at the next suitable rest place for fatigue-regulated
heavy vehicles available after that time on the forward route of the driver's
journey; and
(ii)
no later than 45 minutes after the time the driver was
required to have the short rest break.
Example of when the defence applies—
The driver of a fatigue-regulated heavy vehicle fails to have a short rest
break after 5¼ hours of work time because there was no suitable rest
place for fatigue-regulated heavy vehicles when the driver was scheduled to
have the short rest break. Instead, the driver has a short rest break after
5½ hours work at a suitable rest place for fatigue-regulated heavy
vehicles down the road.
(3) In this
section—
short rest break means rest time of less than 1 hour.
Division 3—BFM work and rest arrangements
253—BFM hours
(1) The national
regulations may prescribe the maximum work times and minimum rest times
applying to the driver of a fatigue-regulated heavy vehicle for a period if
the driver is operating under a BFM accreditation (the BFM hours ).
(2) Without limiting
subsection (1), the national regulations may prescribe—
(a)
different BFM hours for solo drivers and drivers who are a party to a two-up
driving arrangement; and
(b) that
a minor risk breach of a maximum work requirement prescribed in the
regulations is not to be treated as a minor risk breach.
(3) A minor risk
breach prescribed for the purposes of subsection (2)(b) is not a
contravention of section 254 or 256.
254—Operating under BFM hours—solo drivers
(1) The solo driver of
a fatigue-regulated heavy vehicle commits an offence if, in any period stated
in the BFM hours for the driver, the driver—
(a)
works for more than the maximum work time stated in the BFM hours for the
period; or
(b)
rests for less than the minimum rest time stated in the BFM hours for the
period.
Maximum penalty:
(a) for
a minor risk breach—$4 000; or
(b) for
a substantial risk breach—$6 000; or
(c) for
a severe risk breach—$10 000; or
(d) for
a critical risk breach—$15 000.
255—Defence for solo drivers operating under BFM hours relating to split
rest breaks
(1) This section
applies if, at a particular time, the driver of a fatigue-regulated heavy
vehicle is required under section 254 to have 7 continuous hours of
stationary rest time in a period of 24 hours.
(2) In a proceeding
for an offence against section 254 for a solo driver of a
fatigue-regulated heavy vehicle relating to the driver failing to have the
7 continuous hours of stationary rest time, it is a defence for the
driver to prove that—
(a) at
the time the driver was required to have the 7 continuous hours of
stationary rest time, the driver was operating under BFM hours as a solo
driver of a fatigue-regulated heavy vehicle; and
(b)
during the period of 24 hours for which the 7 continuous hours of
stationary rest time was required to be had, the driver had 6 continuous
hours of stationary rest time and 2 continuous hours of stationary rest
time (a split rest break ); and
(c) the
driver had not had a split rest break in the previous 24-hour period.
Example of when the defence applies—
The driver of a fatigue-regulated heavy vehicle stops work to have
7 continuous hours of stationary rest time, but cannot sleep, and so the
driver has only 2 continuous hours of stationary rest time and then
drives on for a further 2 hours and has a further 6 continuous hours
of stationary rest time at another place down the road. In the previous
24-hour period the driver had 7 continuous hours of stationary rest time.
256—Operating under BFM hours—two-up drivers
(1) The driver of a
fatigue-regulated heavy vehicle who is a party to a two-up driving arrangement
commits an offence if, in any period stated in the BFM hours for the driver,
the driver—
(a)
works for more than the maximum work time stated in the BFM hours for the
period; or
(b)
rests for less than the minimum rest time stated in the BFM hours for the
period.
Maximum penalty:
(a) for
a minor risk breach—$4 000; or
(b) for
a substantial risk breach—$6 000; or
(c) for
a severe risk breach—$10 000; or
(d) for
a critical risk breach—$15 000.
Division 4—AFM work and rest arrangements
257—AFM hours
AFM hours are the maximum work times and minimum rest times applying, for a
period, to the driver of a fatigue-regulated heavy vehicle operating under an
AFM accreditation, and stated in the accreditation certificate for the
accreditation.
258—Operating under AFM hours
(1) The driver of a
fatigue-regulated heavy vehicle commits an offence if, in any period stated in
the AFM hours for the driver, the driver—
(a)
works for more than the maximum work time stated in the AFM hours; or
(b)
rests for less than the minimum rest time stated in the AFM hours.
Maximum penalty:
(a) for
a minor risk breach—$4 000; or
(b) for
a substantial risk breach—$6 000; or
(c) for
a severe risk breach—$10 000; or
(d) for
a critical risk breach—$15 000.
Division 5—Arrangements under work and rest hours exemption
259—Exemption hours
(1) Exemption hours
are the maximum work times and minimum rest times applying, for a period, to
the driver of a fatigue-regulated heavy vehicle operating under a work and
rest hours exemption, and stated in the relevant document for the exemption.
(2) In this
section—
relevant document means—
(a) for
a work and rest hours exemption (notice)—the Commonwealth Gazette notice
for the exemption; or
(b) for
a work and rest hours exemption (permit)—the permit for the exemption.
260—Operating under exemption hours
(1) The driver of a
fatigue-regulated heavy vehicle operating under a work and rest hours
exemption commits an offence if, in any period stated in the exemption hours
for the exemption, the driver—
(a)
works for more than the maximum work time stated in the exemption hours; or
(b)
rests for less than the minimum rest time stated in the exemption hours.
Maximum penalty:
(a) for
a minor risk breach—$4 000; or
(b) for
a substantial risk breach—$6 000; or
(c) for
a severe risk breach—$10 000; or
(d) for
a critical risk breach—$15 000.
Division 7—Changing work and rest hours option
262—Changing work and rest hours option
(1) The driver of a
fatigue-regulated heavy vehicle may operate under only 1 work and rest hours
option at any 1 time.
(2) However, the
driver of a fatigue-regulated heavy vehicle may change from 1 work and rest
hours option to a different work and rest hours option.
263—Operating under new work and rest hours option after change
(1) The driver of a
fatigue-regulated heavy vehicle must not drive the vehicle after changing from
1 work and rest hours option to a different work and rest hours option
unless—
(a) if
the change is from standard hours or BFM hours, either the driver—
(i)
is in compliance with all the maximum work requirements
and minimum rest requirements under the work and rest hours option to which
the driver has changed; or
(ii)
has had a reset rest break; and
Examples for the purposes of paragraph (a)—
1 If the driver of a fatigue-regulated heavy
vehicle is changing from BFM hours to standard hours and the minimum rest
requirements applying to drivers operating under standard hours requires the
driver to have a longer rest time than is required under BFM hours, the driver
may start driving under standard hours only if the driver has had the longer
rest time or a reset rest break.
2 If the driver of a fatigue-regulated heavy
vehicle is changing from BFM hours to standard hours and the minimum rest
requirements applying to drivers operating under standard hours requires the
driver to have rest time earlier than is required under BFM hours, the driver
may start driving under standard hours only if the driver has had the earlier
rest time or a reset rest break.
(b) if
the change is from AFM hours or exemption hours, the driver has had a reset
rest break; and
(c) the
driver complies with all other requirements of the work and rest hours option
to which the driver has changed.
Example of other requirements for the purposes of paragraph (c)—
If the driver is changing to BFM hours or AFM hours, the driver must be
inducted into the relevant operator's BFM or AFM fatigue management system.
Maximum penalty: $4 000.
(2) If the driver of a
fatigue-regulated heavy vehicle has had a reset rest break between changing
from 1 work and rest hours option to a different work and rest hours option,
the period to which the new work and rest hours option applies must be counted
forward from the end of the reset rest break.
(5) In this
section—
reset rest break means a period of rest time of at least 48 continuous
hours.
264—Duty of employer, prime contractor, operator and scheduler to ensure
driver compliance
(1) This section
applies if the driver of a fatigue-regulated heavy vehicle changes from 1 work
and rest hours option to a different work and rest hours option.
(2) A relevant party
for the driver must ensure, so far as is reasonably practicable, the
driver—
(a) does
not drive a fatigue-regulated heavy vehicle after making the change unless the
driver has complied with section 263; and
(b) can
comply with his or her obligations in relation to the change.
Maximum penalty: $6 000.
(5) In this
section—
relevant party , for the driver of a fatigue-regulated heavy vehicle,
means—
(a) an
employer of the driver if the driver is an employed driver; or
(b) a
prime contractor of the driver if the driver is a self-employed driver; or
(c) an
operator of the vehicle if the driver is making a journey for the operator; or
(d) a
scheduler for the vehicle.
Division 8—Exemptions relating to work times and rest times
Subdivision 1—Exemption for emergency services
265—Emergency services exemption
(1) A person who is
acting for an emergency service and who has time-critical duties on the way
to, or during, an emergency is exempted in the course of carrying out the
duties from compliance with this Part.
(2) A person who is
acting for an emergency service and who is returning from attending an
emergency is exempted from compliance with this Part if the person reasonably
believes the noncompliance does not present an unreasonable danger to other
road users.
(3) A person who is
acting for an emergency service is exempted from compliance with this Part
under subsection (1) or (2) only if, at the relevant time, the person
complies with any guidelines regarding the management of fatigue issued by or
on behalf of the emergency service or an authority responsible for oversight
of the emergency service.
(4) In this
section—
emergency means an event, or an anticipated event, that—
(a)
endangers, or may endanger, life, property or the environment; or
(b) has
disrupted, or may disrupt, communications, energy supply, water supply or
sewerage services; or
(c) is
declared to be an emergency or disaster by—
(i)
the Commonwealth or a State or Territory; or
(ii)
a Commonwealth or State or Territory authority
responsible for managing responses to emergencies or disasters;
Examples of an emergency—
fire, explosion or natural disaster
emergency service means an entity that has a statutory responsibility to
respond to an emergency and includes the following:
(a) an
ambulance service;
(b) a
fire brigade, including a volunteer fire brigade;
(c) a
police force or police service;
(d) a
disaster or emergency organisation of the Commonwealth or a State or
Territory.
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
(1) The Regulator may,
by Commonwealth Gazette notice complying with section 270, grant an
exemption to allow, for a period of not more than 3 years, a class of
drivers of fatigue-regulated heavy vehicles to operate under the maximum work
times and minimum rest times stated in the exemption.
(2) An exemption under
subsection (1) is a work and rest hours exemption (notice) .
267—Restriction on grant of work and rest hours exemption (notice)
(1) The Regulator may
grant a work and rest hours exemption (notice) only if the Regulator is
satisfied—
(a)
requiring the class of drivers to whom the exemption is to apply to comply
with the standard hours would be an unreasonable restriction on operations
conducted by—
(i)
the class of drivers; or
(ii)
relevant parties for the class of drivers; and
(b) if
the maximum work times and minimum rest times to apply under the exemption
could be accommodated within BFM hours or AFM hours—the requirements
applying to BFM accreditation or AFM accreditation under this Law would,
having regard to the nature of the operations, be unreasonable for the
operations conducted by—
(i)
the class of drivers; or
(ii)
relevant parties for the class of drivers; and
(c) the
driver fatigue management practices that are to apply to drivers operating
under the exemption would, if followed, safely manage fatigue risks; and
(d) the
class of drivers to whom the exemption is to apply is likely to follow the
practices consistently and effectively.
(2) In deciding
whether or not to grant a work and rest hours exemption (notice), the
Regulator must have regard to the approved guidelines for granting work and
rest hours exemptions.
(3) In this
section—
relevant parties , for a class of drivers of fatigue-regulated heavy vehicles,
means—
(a)
employers of the class of drivers if they are employed drivers; or
(b)
prime contractors for the class of drivers if they are self-employed drivers;
or
(c)
operators of fatigue-regulated heavy vehicles if the drivers of the class are
to make journeys for the operators using the vehicles.
268—Conditions of work and rest hours exemption (notice)
A work and rest hours exemption (notice) may be subject to any conditions the
Regulator considers appropriate, including, for example—
(a)
conditions about driver fatigue management practices that are to apply to
drivers operating under the exemption; and
(b)
conditions about keeping records relating to the driver fatigue management
practices; and
(c) a
condition that the driver of a fatigue-regulated heavy vehicle who is
operating under the exemption must keep in the driver's possession a copy
of—
(i)
the Commonwealth Gazette notice for the exemption; or
(ii)
an information sheet about the exemption published by the
Regulator on the Regulator's website.
269—Period for which work and rest hours exemption (notice) applies
A work and rest hours exemption (notice)—
(a)
takes effect—
(i)
when the Commonwealth Gazette notice for the exemption is
published; or
(ii)
if a later time is stated in the Commonwealth Gazette
notice, at the later time; and
(b)
applies for the period stated in the Commonwealth Gazette notice.
270—Requirements about Commonwealth Gazette notice
(1) A Commonwealth
Gazette notice for a work and rest hours exemption (notice) must state the
following:
(a) the
class of drivers of fatigue-regulated heavy vehicles to which the exemption
applies;
(b) the
maximum work times and minimum rest times that are to apply to drivers
operating under the exemption;
(c) the
other conditions of the exemption;
(d) the
period for which the exemption applies.
(2) The Regulator must
publish a copy of the Commonwealth Gazette notice on the Regulator's website.
271—Amendment or cancellation of work and rest hours exemption (notice)
(1) Each of the
following is a ground for amending or cancelling a work and rest hours
exemption (notice):
(a)
since the exemption was granted, there has been a change in the circumstances
that were relevant to the Regulator's decision to grant the exemption and, had
the changed circumstances existed when the exemption was granted, the
Regulator would not have granted the exemption, or would have granted the
exemption subject to conditions or different conditions;
(b) the
use of fatigue-regulated heavy vehicles under the exemption 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 a work and rest hours exemption
(notice), the Regulator may amend or cancel the exemption by complying with
subsections (3) to (5).
(3) The Regulator must
publish a public notice—
(a)
stating that the Regulator believes a ground mentioned in
subsection (1)(a) or (b) for amending or cancelling the exemption exists;
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 exemption—amend the exemption,
including, for example, by imposing additional conditions on the exemption, in
a way that is not substantially different from the proposed action; or
(b) if
the proposed action was to cancel the exemption—
(i)
amend the exemption, including, for example, by imposing
additional conditions on the exemption; or
(ii)
cancel the exemption.
(5) The Regulator must
publish a public notice of the amendment or cancellation.
(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.
272—Immediate suspension
(1) This section
applies if the Regulator considers—
(a) a
ground exists to cancel a work and rest hours exemption (notice); and
(b) it
is necessary to suspend the exemption immediately to prevent or minimise
serious harm to public safety.
(2) The Regulator may,
by public notice, immediately suspend the exemption until the earliest of the
following:
(a) the
end of 56 days after the day the public notice is published;
(b) the
Regulator publishes a notice under section 271(5) and the amendment or
cancellation takes effect under section 271(6);
(c) the
Regulator cancels the suspension by public notice.
(4) The suspension, or
(where relevant) the cancellation of the suspension, takes effect immediately
after the Commonwealth Gazette notice is published under subsection (3).
(5) This section
applies despite section 271.
Subdivision 3—Exemptions by permit
273—Regulator's power to exempt drivers from particular maximum work
requirements and minimum rest requirements
(1) The Regulator may,
by giving a person a permit as mentioned in section 278, grant an
exemption to allow, for a period of not more than 3 years, a driver of a
fatigue-regulated heavy vehicle, or a class of drivers of fatigue-regulated
heavy vehicles, to operate under the maximum work times and minimum rest times
stated in the exemption.
(2) An exemption under
subsection (1) is a work and rest hours exemption (permit) .
(3) The Regulator may
grant a work and rest hours exemption (permit) to the operator of a
fatigue-regulated heavy vehicle in combination with the operator's BFM
accreditation or AFM accreditation.
(4) The Regulator may
grant a work and rest hours exemption (permit)—
(a) in a
way that does not cover all the drivers sought by the applicant; or
(b)
setting maximum work times and minimum rest times different to the maximum
work times and minimum rest times sought by the applicant.
274—Application for work and rest hours exemption (permit)
(1) Any of the
following persons may apply to the Regulator for a work and rest hours
exemption (permit):
(a) an
employer of a driver of a fatigue-regulated heavy vehicle;
(b) a
prime contractor for a driver of a fatigue-regulated heavy vehicle;
(c) an
operator of a fatigue-regulated heavy vehicle;
(d) a
self-employed driver of a fatigue-regulated heavy vehicle.
(2) The application
must—
(a) be
in the approved form; and
(b)
state the following:
(i)
the period for which the exemption is sought;
(ii)
any conditions to which the exemption is sought to be
subject;
(iii)
the name of the driver of a fatigue-regulated heavy
vehicle to whom the exemption is sought to apply, or details of the class of
drivers of fatigue-regulated heavy vehicles to whom the exemption is sought to
apply;
(iv)
the proposed maximum work times and minimum rest times
that would be followed by drivers operating under the exemption;
(v)
if the proposed maximum work times and minimum rest times
to apply under the exemption could be accommodated within BFM hours or AFM
hours—
(A) the driver fatigue management practices
that would be followed by the applicant and drivers operating under the
exemption; and
(B) how the practices would safely manage
fatigue risks; and
(C) how the requirements applying to BFM
accreditation or AFM accreditation under this Law would be unreasonable for
the operations conducted by the applicant, having regard to the nature of the
operations; and
(c) be
accompanied by the prescribed fee for the application.
(3) The Regulator may,
by notice given to the applicant, require the applicant to give the Regulator
any additional information the Regulator reasonably requires to decide the
application.
275—Restriction on grant of work and rest hours exemption (permit)
(1) The Regulator may
grant a work and rest hours exemption (permit) only if the Regulator is
satisfied—
(a)
requiring the drivers to whom the exemption is to apply to comply with the
standard hours would be an unreasonable restriction on operations conducted by
the applicant; and
(b) if
the maximum work times and minimum rest times to apply under the exemption
could be accommodated within BFM hours or AFM hours—the requirements
applying to BFM accreditation or AFM accreditation under this Law would be
unreasonable for the operations conducted by the applicant, having regard to
the nature of the operations; and
(c) the
driver fatigue management practices that are to apply to drivers operating
under the exemption would, if followed, safely manage fatigue risks; and
(d) the
drivers to whom the exemption is to apply are likely to follow the practices
consistently and effectively.
(2) In deciding
whether or not to grant a work and rest hours exemption (permit), the
Regulator must have regard to the approved guidelines for granting work and
rest hours exemptions.
276—Conditions of work and rest hours exemption (permit)
(1) If the Regulator
grants a work and rest hours exemption (permit) to the operator of a
fatigue-regulated heavy vehicle in combination with the operator's BFM
accreditation or AFM accreditation, it is a condition of the exemption that
the operator must comply with all the conditions of the operator's BFM
accreditation or AFM accreditation.
(2) A work and rest
hours exemption (permit) may be subject to any other conditions the Regulator
considers appropriate, including, for example, conditions about—
(a)
driver fatigue management practices that are to apply to drivers operating
under the exemption; and
(b)
keeping records relating to the driver fatigue management practices.
277—Period for which work and rest hours exemption (permit) applies
(1) A work and rest
hours exemption (permit) applies for the period stated in the permit for the
exemption.
(2) The period may be
less than the period sought by the applicant for the work and rest hours
exemption (permit).
278—Permit for work and rest hours exemption (permit) etc
(1) If the Regulator
grants a work and rest hours exemption (permit) to a person, the Regulator
must give the person—
(a) a
permit for the exemption; and
(b) if
prescribed circumstances apply to the grant of the exemption—an
information notice for the prescribed circumstances.
(2) A permit for a
work and rest hours exemption (permit) must state the following:
(a) the
name of the person to whom the permit is given;
(b) the
driver of a fatigue-regulated heavy vehicle, or class of drivers of
fatigue-regulated heavy vehicles, to which the exemption applies;
(c) the
maximum work times and minimum rest times that apply to drivers operating
under the exemption;
(d) the
conditions of the exemption, including, if applicable, the condition mentioned
in section 276(1);
(e) the
period for which the exemption applies.
(3) In this
section—
prescribed circumstances , for a work and rest hours exemption (permit), means
the Regulator has—
(a)
imposed conditions on the exemption under section 276(2); or
(b)
granted the exemption in a way that does not cover all the drivers sought by
the applicant for the exemption; or
(c)
granted the exemption setting maximum work times and minimum rest times
different to the maximum work times and minimum rest times sought by the
applicant for the exemption; or
(d)
granted the exemption for a period less than the period of not more than 3
years sought by the applicant for the exemption.
279—Refusal of application for work and rest hours exemption (permit)
If the Regulator refuses an application for a work and rest hours exemption
(permit), the Regulator must give the applicant an information notice for the
decision to refuse the application.
280—Amendment or cancellation of work and rest hours exemption (permit)
on application by permit holder
(1) The holder of a
permit for a work and rest hours exemption (permit) may apply to the Regulator
for an amendment or cancellation of the exemption.
(2) The application
must—
(a) be
in the approved form; and
(b) be
accompanied by the prescribed fee for the application; and
(c) if
the application is for an amendment—state clearly the amendment sought
and the reasons for the amendment; and
(d) be
accompanied by the permit.
(3) The Regulator may,
by notice given to the applicant, require the applicant to give the Regulator
any additional information the Regulator reasonably requires to decide the
application.
(4) The Regulator must
decide the application as soon as practicable after receiving it.
(5) If the Regulator
decides to grant the application—
(a) the
Regulator must give the applicant notice of the decision; and
(b) the
amendment or cancellation takes effect—
(i)
when notice of the decision is given to the applicant; or
(ii)
if a later time is stated in the notice, at the later
time; and
(c) if
the Regulator amended the exemption, the Regulator must give the applicant a
replacement permit for the exemption as amended.
(6) If the Regulator
decides not to amend or cancel the exemption as sought by the applicant, the
Regulator must—
(a) give
the applicant an information notice for the decision; and
(b)
return the permit for the exemption to the applicant.
281—Amendment or cancellation of work and rest hours exemption (permit)
on Regulator's initiative
(1) Each of the
following is a ground for amending or cancelling a work and rest hours
exemption (permit):
(a) the
exemption was granted because of a document or representation that was—
(i)
false or misleading; or
(ii)
obtained or made in an improper way;
(b) the
holder of the permit for the exemption has contravened this Law or a
corresponding fatigue law;
(c) a
driver of a fatigue-regulated heavy vehicle to whom the exemption applies has
contravened this Law or a corresponding fatigue law;
(d)
since the exemption was granted, there has been a change in the circumstances
that were relevant to the Regulator's decision to grant the exemption and, had
the changed circumstances existed when the exemption was granted, the
Regulator would not have granted the exemption, or would have granted the
exemption subject to conditions or different conditions.
(2) If the Regulator
considers a ground exists to amend or cancel a work and rest hours exemption
(permit) (the proposed action ), the Regulator must give the holder of the
permit for the exemption a notice—
(a)
stating the proposed action; and
(b)
stating the ground for the proposed action; and
(c)
outlining the facts and circumstances forming the basis for the ground; and
(d) if
the proposed action is to amend the exemption (including a condition of the
exemption)—stating the proposed amendment; and
(e)
inviting the holder to make, within a stated time of at least 14 days after
the notice is given to the holder, written representations about why the
proposed action should not be taken.
(3) If, after
considering all written representations made under subsection (2)(e), the
Regulator still considers a ground exists to take the proposed action, the
Regulator may—
(a) if
the proposed action was to amend the exemption—amend the exemption,
including, for example, by imposing additional conditions on the exemption, in
a way that is not substantially different from the proposed action; or
(b) if
the proposed action was to cancel the exemption—
(i)
amend the exemption, including, for example, by imposing
additional conditions on the exemption; or
(ii)
cancel the exemption.
(4) The Regulator must
give the holder an information notice for the decision.
(5) The amendment or
cancellation takes effect—
(a) when
the information notice is given to the holder; or
(b) if a
later time is stated in the information notice, at the later time.
282—Immediate suspension of work and rest hours exemption (permit)
(1) This section
applies if the Regulator considers—
(a) a
ground exists to cancel a work and rest hours exemption (permit); and
(b) it
is necessary to suspend the exemption immediately to prevent or minimise
serious harm to public safety.
(2) The Regulator may,
by notice ( immediate suspension notice ) given to the person to whom the
permit for the exemption was given, immediately suspend the exemption until
the earliest of the following:
(a) the
Regulator gives the holder a notice under section 281(4) and the
amendment or cancellation takes effect under section 281(5);
(b) the
Regulator cancels the suspension;
(c) the
end of 56 days after the day the immediate suspension notice is given to the
holder.
(3) This section
applies despite sections 280 and 281.
283—Minor amendment of work and rest hours exemption (permit)
The Regulator may, by notice given to the holder of a permit for a work and
rest hours exemption (permit), amend the exemption in a minor respect—
(a) for
a formal or clerical reason; or
(b) in
another way that does not adversely affect the holder's interests.
284—Return of permit
(1) If a person's work
and rest hours exemption (permit) is amended or cancelled, the Regulator may,
by notice given to the person, require the person to return the person's
permit for the exemption to the Regulator.
(2) The person must
comply with the notice within 7 days after the notice is given to the person
or, if a longer period is stated in the notice, within the longer period.
Maximum penalty: $6 000.
(3) If the exemption
has been amended, the Regulator must give the person a replacement permit for
the exemption as amended.
285—Replacement of defaced etc permit
(1) If a person's
permit for a work and rest hours exemption (permit) is defaced, destroyed,
lost or stolen, the person must, as soon as reasonably practicable after
becoming aware of the matter, apply to the Regulator for a replacement permit.
Maximum penalty: $4 000.
(2) If the Regulator
is satisfied the permit has been defaced, destroyed, lost or stolen, the
Regulator must give the person a replacement permit as soon as practicable.
(3) If the Regulator
decides not to give a replacement permit to the person, the Regulator must
give the person an information notice for the decision.
Subdivision 4—Offences relating to operating under work and rest
hours exemption etc
286—Contravening condition of work and rest hours exemption
(1) A person must not
contravene a condition of a work and rest hours exemption.
Maximum penalty: $6 000.
(2) In this
section—
condition , of a work and rest hours exemption, does not include—
(a) a
condition mentioned in section 287(1); or
(b)
anything stating the exemption hours for the exemption.
287—Keeping relevant document while operating under work and rest hours
exemption (notice)
(1) This section
applies if a work and rest hours exemption (notice) is subject to the
condition that the driver of a fatigue-regulated heavy vehicle who is
operating under the exemption must keep a relevant document in the driver's
possession.
(2) A driver of the
fatigue-regulated heavy vehicle who is operating under the work and rest hours
exemption (notice) must comply with the condition.
Maximum penalty: $3 000.
(3) Each relevant
party for a driver mentioned in subsection (2) must ensure the driver
complies with subsection (2), unless the relevant party has a reasonable
excuse.
Maximum penalty: $3 000.
(7) In this
section—
relevant document , for a work and rest hours exemption (notice), means a copy
of—
(a) the
Commonwealth Gazette notice for the exemption; or
(b) an
information sheet about the exemption published by the Regulator on the
Regulator's website;
relevant party , for the driver of a fatigue-regulated heavy vehicle,
means—
(a) an
employer of the driver if the driver is an employed driver; or
(b) a
prime contractor of the driver if the driver is a self-employed driver; or
(c) an
operator of the vehicle if the driver is making a journey for the operator.
288—Keeping copy of permit while driving under work and rest hours
exemption (permit)
(1) The driver of a
fatigue-regulated heavy vehicle who is driving the vehicle under a work and
rest hours exemption (permit) must keep a copy of the permit for the exemption
in the driver's possession.
Maximum penalty: $3 000.
(2) If the driver of a
fatigue-regulated heavy vehicle is operating under a work and rest hours
exemption (permit) granted to a relevant party for the driver and the relevant
party has given the driver a copy of a permit for the purpose of
subsection (1), the driver must, as soon as reasonably practicable,
return the copy to the relevant party if the driver—
(a)
stops working for the relevant party; or
(b)
stops operating under the relevant party's exemption; or
(c) no
longer meets the requirements relating to drivers under the relevant party's
exemption.
Maximum penalty: $4 000.
(3) Each relevant
party for a driver mentioned in subsection (1) must ensure the driver
complies with subsection (1), unless the relevant party has a reasonable
excuse.
Maximum penalty: $3 000.
(7) In this
section—
relevant party , for the driver of a fatigue-regulated heavy vehicle,
means—
(a) an
employer of the driver if the driver is an employed driver; or
(b) a
prime contractor of the driver if the driver is a self-employed driver; or
(c) an
operator of the vehicle if the driver is making a journey for the operator.
Part 4—Requirements about record keeping
Division 1—Preliminary
289—What is 100km work and 100+km work
(1) The driver of a
fatigue-regulated heavy vehicle is undertaking 100km work if the driver is
driving in an area with a radius of 100km or less from the driver's base.
(2) The driver of a
fatigue-regulated heavy vehicle is undertaking 100+km work if the driver is
driving in an area with a radius of more than 100km from the driver's base.
(3) To remove any
doubt, it is declared that the driver of a fatigue-regulated heavy vehicle to
whom subsection (2) applies—
(a) is
taken to be engaged in 100+km work even while the driver is driving in an area
within a radius of 100km or less from the driver's base; and
(b) if
the driver is required to record information in a work diary under this Part,
must record particulars of the journey in the driver's work diary from the
beginning of the journey.
290—What is a driver's record location
The record location of the driver of a fatigue-regulated heavy vehicle
is—
(a) if
the driver's record keeper has advised the driver of the place that is the
driver's record location—the place advised; or
(b)
otherwise—the driver's base.
Division 2—Work diary requirements
Subdivision 1—Requirement to carry work diary
291—Application of Subdivision 1
This Subdivision applies if the driver of a fatigue-regulated heavy
vehicle—
(a) is
undertaking 100+km work under standard hours; or
(b) was
undertaking 100+km work under standard hours in the last 28 days; or
(c) is
working under BFM hours, AFM hours or exemption hours; or
(d) was
working under BFM hours, AFM hours or exemption hours in the last 28 days.
292—Meaning of work diary for Subdivision 1
(1) In this
Subdivision, a reference to a work diary in relation to the driver of a
fatigue-regulated heavy vehicle is a reference to the following:
(a) if
the driver has used only 1 or more written work diaries in the last
28 days—
(i)
the written work diary the driver is currently using; and
(ii)
any filled-up written work diary the driver has used
during the last 28 days;
(b) if
the driver has used only 1 or more electronic work diaries in the last
28 days—information in each electronic work diary relating to any
period during the last 28 days;
(c) if
the driver has used a combination of 1 or more written work diaries and 1 or
more electronic work diaries in the last 28 days—
(i)
each of the written work diaries the driver is using or
has used during the last 28 days; and
(ii)
the information in each of the electronic work diaries
the driver is using or has used during the last 28 days that relates to any
period during the last 28 days.
(2) If the driver has
made a supplementary record in the last 28 days, for this Subdivision,
the supplementary record is taken to be part of the driver's work diary.
Note—
Section 305(4) provides in effect that a driver can no longer use a
supplementary record if the driver is issued with a new work diary, the
driver's existing electronic work diary is made capable of recording new
information or is brought back into working order, or 7 business days have
expired (whichever first happens).
293—Driver of fatigue-regulated heavy vehicle must carry work diary
(1) The driver of a
fatigue-regulated heavy vehicle must—
(a) keep
a work diary; and
(b)
ensure—
(i)
the driver's work diary records the information required
to be recorded under Subdivision 2 for each day in the previous
28 days; and
(ii)
the driver's work diary is in the driver's possession
while the driver is driving the vehicle.
Maximum penalty: $6 000.
Notes—
1 For the requirement to record particular
information in a supplementary record if the work diary of the driver of a
fatigue-regulated heavy vehicle is filled up, destroyed, lost, stolen or, for
an electronic diary, is malfunctioning, see section 305.
2 Under section 568, an authorised officer
may require the driver of a fatigue-regulated heavy vehicle to produce for
inspection the driver's work diary.
(2)
Subsection (1) applies irrespective of the number of days in the previous
28 days the driver spent working in relation to a fatigue-regulated heavy
vehicle.
(3) In a proceeding
for an offence against subsection (1) relating to the driver failing to
keep a work diary containing particular information, it is a defence for the
driver to prove that—
(a) the
information was recorded in a work diary that, at the time of the offence, has
been destroyed (other than by the driver) or lost or stolen; or
(b) the
information was—
(i)
recorded in an electronic work diary; and
(ii)
destroyed or lost as a result of a malfunction of the
electronic work diary before the information was given to the driver's record
keeper or recorded in any other way.
Subdivision 2—Information required to be included in work diary
294—Purpose of and definition for Subdivision 2
(1) This Subdivision
provides for the information the driver of a fatigue-regulated heavy vehicle
must record in the driver's work diary for each day on which the driver—
(a)
undertakes 100+km work under standard hours; or
(b)
works under BFM hours, AFM hours or exemption hours.
(2) In this
Subdivision—
required information means information required by the national regulations
under section 295 to be recorded in the driver's work diary.
295—National regulations for information to be included in work diary
(1) The national
regulations may provide for—
(a) the
information that is to be recorded in the driver's work diary; and
(b) the
manner in which information is to be recorded in the driver's work diary; and
(c) any
other matter relating to information that is to be recorded in the driver's
work diary.
(2) Without limiting
subsection (1), the national regulations may provide—
(a) for
information to be recorded on a daily basis (including each period of work
time and rest time the driver has on a day) or on some other stated basis; and
(b) for
information to be recorded immediately before or after a period of work time
or rest time; and
(c) for
information to be recorded when finishing work for a day; and
(d) for
information to be recorded when there is a change of the driver's base; and
(e) for
information to be recorded when there is a change of the driver's record
location; and
(f) for
information to be recorded regarding the parties to a two-up driving
arrangement.
(3) Without limiting
subsections (1) and (2), the national regulations may provide that, if
the driver stops working on a day and starts a major rest break that will
continue until the end of the day, the driver may stop recording information
for the day when the driver stops working and starts the major rest break.
296—Recording information under the national regulations—general
(1) The driver must
record the required information in the driver's work diary in the manner and
at the time prescribed by the national regulations.
Maximum penalty: $1 500.
(2) Subsection (1)
does not apply to information to which section 297 applies.
297—Information required to be recorded immediately after starting work
(1) This section
applies to required information that the national regulations specify for the
purposes of this section as required to be recorded immediately after the
driver starts work on a day.
(2) The driver must
record the required information to which this section applies immediately
after starting work on a day.
Maximum penalty: $6 000.
(3) In a proceeding
for an offence against subsection (2) in relation to the failure of the
driver to record information immediately after starting to undertake 100+km
work under standard hours on a day, it is a defence for the driver to prove
that at the time of the offence—
(a) the
driver was unaware that the driver would be undertaking 100+km work under
standard hours on the day; and
(b) the
driver recorded the information in the driver's work diary as soon as
practicable after becoming aware that the driver would be undertaking 100+km
work under standard hours on the day.
298—Failing to record information about odometer reading
(1) The driver of a
fatigue-regulated heavy vehicle must record the odometer reading in the manner
prescribed by the national regulations if and when required to do so by the
national regulations.
Maximum penalty: $1 500.
(2) In a proceeding
for the offence against subsection (1), it is a defence for the driver to
prove that—
(a) at
the time of the offence, the odometer was malfunctioning; and
(b) the
driver has complied with section 397.
299—Two-up driver to provide details
If the driver is a party to a two-up driving arrangement, the driver must, at
the request of the other driver (the other driver ) who is a party to the
arrangement, provide the other driver with the details relating to the
arrangement that are prescribed by the national regulations for the purposes
of this section.
Maximum penalty: $3 000.
Subdivision 3—How information must be recorded in work diary
300—Purpose of Subdivision 3
This Subdivision states how the driver of a fatigue-regulated heavy vehicle
who is required to record information in the driver's work diary under
Subdivision 2 must record the information.
301—Recording information in written work diary
If the driver's work diary is a written work diary, the driver must record
information in the work diary in the following way:
(a) the
information for each day must be written on a separate daily sheet in the work
diary that has not been cancelled by the Regulator;
(b) if,
on a day, the driver changes the work and rest hours option under which the
driver is working, the information for the part of the day after the change
must be written on a separate daily sheet in the work diary that has not been
cancelled by the Regulator;
(c)
information must be written on a daily sheet in the way stated in the
instructions in the work diary for recording information on daily sheets;
(d) the
daily sheets in the work diary must be used in turn from the front of the work
diary;
(e) each
daily sheet must be—
(i)
signed and dated by the driver; and
(ii)
if the driver is driving under a two-up driving
arrangement—signed by the other driver who is a party to the
arrangement;
(f)
information must be written on a daily sheet with enough pressure to ensure a
readable record of the information appears on the duplicate daily sheets;
(g)
information recorded other than on a daily sheet must be written in the work
diary in the way stated in the instructions in the work diary for the
recording of the information.
Maximum penalty: $1 500.
302—Recording information in electronic work diary
If the driver's work diary is an electronic work diary, the driver must record
information in the work diary in a way complying with—
(a) if
the Regulator has, when approving the electronic recording system constituting
the work diary, or of which the work diary is a part, imposed any conditions
in relation to the way information must be recorded in the work
diary—those conditions; and
(b) the
manufacturer's instructions, if any, for recording information in the
electronic work diary, to the extent the instructions are consistent with the
conditions mentioned in paragraph (a).
Maximum penalty: $1 500.
Note—
The Regulator may impose conditions on the use of an electronic recording
system under section 343.
303—Time zone of driver's base must be used
The driver must record time in the driver's work diary according to the time
zone in the place where the driver's base is, rather than the time zone in the
place where the driver is.
Maximum penalty: $1 500.
Note—
See also section 248, which requires that time periods be counted by
reference to the time zone of a driver's base when the driver's journey
involves travelling into a different time zone.
Subdivision 4—Requirements about work diaries that are filled up
etc
304—Application of Subdivision 4
This Subdivision applies to the driver of a fatigue-regulated heavy vehicle
who is required to record information in the driver's work diary under
Subdivision 2 if—
(a) for
a driver who uses a written work diary—the driver's work diary has been
filled up, destroyed, lost or stolen; or
(b) for
a driver who uses an electronic work diary—the driver's work
diary—
(i)
has been filled up, destroyed, lost or stolen; or
(ii)
is not in working order because a part of the diary has
been destroyed, lost or stolen; or
(iii)
is malfunctioning or has malfunctioned.
305—Driver must make supplementary records in particular circumstances
(1) During any period
in which the driver of a fatigue-regulated heavy vehicle is unable to use the
driver's work diary (the existing work diary ) because of circumstances
mentioned in section 304(a) or (b), the driver must record in a
supplementary record the information the driver is required under
Subdivision 2 to record for the period (the required information ).
Maximum penalty: $6 000.
Note—
Under Subdivision 1, the driver of a fatigue-regulated heavy vehicle must
keep a supplementary record for 28 days after it is made as part of the
driver's work diary. See section 292(2) and 293.
Also, under section 341, the driver's record keeper must keep the
supplementary record for at least 3 years after it is made (if the record
keeper is the driver) or received by the record keeper (if the record keeper
is not the driver). However, the period can be less than 3 years if a
condition of an exemption states a record must be kept for a period of less
than 3 years.
(2) For a
supplementary record that is not in electronic form, the required information
must be recorded in the record as follows:
(a) the
information for each day must be written on a separate page of the record;
(b) if,
on a day, the driver changes the work and rest hours option under which the
driver is working, the information for the part of the day after the change
must be written on a separate page of the record;
(c) each
page of the record must be—
(i)
signed and dated by the driver; and
(ii)
if the driver is driving under a two-up driving
arrangement—signed by the other driver who is a party to the
arrangement.
Maximum penalty: $3 000.
(3) The driver must
record time in the supplementary record according to the time zone in the
place where the driver's base is, rather than the time zone in the place where
the driver is.
Maximum penalty: $1 500.
(4) Subsections (1) to
(3) cease to apply—
(a) if
the existing work diary is a written work diary, when the first of the
following happens:
(i)
the driver is issued a new written work diary, or obtains
an electronic work diary that is in working order;
(ii)
the expiry of 7 business days after the day on which the
driver starts recording information under this section; or
(b) if
the existing work diary is an electronic work diary, when the first of the
following happens:
(i)
the driver obtains a new electronic work diary that is in
working order, or a written work diary;
(ii)
the existing work diary is—
(A) if the diary is filled up—made
capable of recording new information; or
(B) if the diary is not in working order as
mentioned in section 304(b)(ii) or is malfunctioning—brought into
working order;
(iii)
the expiry of 7 business days after the day on which the
driver starts recording information under this section.
Note—
If one of the circumstances in subsection (4) applies, a driver may no
longer use a supplementary record to record the information required to be
recorded under Subdivision 2, and if the driver does not begin to keep a
work diary in accordance with section 293 then the driver commits an
offence against that section.
(5) In this
section—
supplementary record means a record that—
(a) is
not made in a written or electronic work diary; but
(b) is
in a similar form to a written or electronic work diary.
306—Driver must notify Regulator if written work diary filled up etc
Within 2 business days after the driver of a fatigue-regulated heavy vehicle
becomes aware that the driver's written work diary has been filled up,
destroyed, lost or stolen, the driver must notify the Regulator in the
approved form of that happening.
Maximum penalty: $3 000.
307—Driver who is record keeper must notify Regulator if electronic work
diary filled up etc
(1) This section
applies if the driver of a fatigue-regulated heavy vehicle who is his or her
own record keeper—
(a)
becomes aware that the driver's electronic work diary has been filled up,
destroyed, lost or stolen or is not in working order as mentioned in
section 304(b)(ii); or
(b)
becomes aware or has reason to suspect that the driver's electronic work diary
is malfunctioning or has malfunctioned.
(2) The driver must
notify the Regulator in the approved form of the matter within 2 business
days.
Maximum penalty: $3 000.
(3) Within a period
required by the Regulator, the driver must ensure the electronic work diary is
examined and brought into working order.
Maximum penalty: $3 000.
308—What driver must do if lost or stolen written work diary found or
returned
(1) If a lost or
stolen written work diary (the old work diary ) is found by or returned to the
driver of a fatigue-regulated heavy vehicle after a replacement work diary has
been issued to the driver, the driver must do the following:
(a)
immediately cancel any unused daily sheets in the old work diary;
(b) if
the old work diary is found or returned within 28 days after it was lost or
stolen—
(i)
immediately notify the Regulator in the approved form
that it has been found or returned; and
(ii)
give it to the Regulator within 2 business days after the
28-day period ends;
(c) if
the old work diary is found or returned later than 28 days after it was lost
or stolen—give it to the Regulator as soon as practicable after it is
found or returned.
Maximum penalty: $3 000.
(2) If a driver of a
fatigue-regulated heavy vehicle gives a previously lost or stolen written work
diary to the Regulator under subsection (1), the Regulator must—
(a) if
the driver has not complied with subsection (1)(a), cancel any unused
daily sheets in the work diary; and
(b)
return the work diary to the driver.
309—Information required to be recorded immediately after starting work
(1) This section
applies if—
(a) the
driver of a fatigue-regulated heavy vehicle—
(i)
becomes aware that the driver's electronic work diary has
been filled up, destroyed, lost or stolen or is not in working order as
mentioned in section 304(b)(ii); or
(ii)
becomes aware or has reason to suspect that the driver's
electronic work diary is malfunctioning or has malfunctioned; and
(b) the
driver's record keeper is a person other than the driver.
(2) The driver must,
within 2 business days after the driver becomes aware of the matter, inform
the driver's record keeper of the matter.
Maximum penalty: $3 000.
310—Intelligent access program reporting entity must notify record
keeper if approved electronic recording system malfunctioning
(1) This section
applies if—
(a) an
approved electronic recording system—
(i)
constitutes an electronic work diary or has a part that
constitutes an electronic work diary; and
(ii)
is or is part of an approved intelligent transport
system; and
(b) an
intelligent access program reporting entity for the approved intelligent
transport system becomes aware or has reason to suspect that the approved
electronic recording system is malfunctioning or has malfunctioned.
(2) The intelligent
access program reporting entity must inform the driver's record keeper of the
matter within 2 business days.
Maximum penalty: $6 000.
311—What record keeper must do if electronic work diary filled up
(1) This section
applies if—
(a) the
record keeper for the driver of a fatigue-regulated heavy vehicle is a person
other than the driver; and
(b) the
driver uses an electronic work diary supplied to the driver by the record
keeper; and
(c) the
record keeper becomes aware or has reason to suspect that the electronic work
diary has been filled up.
(2) The record keeper
must, as soon as reasonably practicable after becoming aware of the matter or
having reason to suspect the matter—
(a)
either—
(i)
make the electronic work diary capable of recording new
information; or
(ii)
give the driver a new electronic work diary that is in
working order; and
(b) if
the record keeper removes any information relating to any period during the
last 28 days from the work diary to make it capable of recording new
information—give the driver the removed information in a way that makes
the information readily available to the driver; and
(c)
notify the Regulator in the approved form that the electronic work diary has
been filled up.
Maximum penalty: $6 000.
(3) If the record
keeper has engaged another person under a contract for services to comply with
subsection (2) for the record keeper—
(a) the
record keeper remains liable for an offence against subsection (2); and
(b) the
other person is also liable for an offence against subsection (2) as if
the other person were the record keeper mentioned in the subsection.
312—What record keeper must do if electronic work diary destroyed, lost
or stolen
(1) This section
applies if—
(a) the
record keeper for the driver of a fatigue-regulated heavy vehicle is a person
other than the driver; and
(b) the
driver uses an electronic work diary supplied to the driver by the record
keeper; and
(c) the
record keeper becomes aware or has reason to suspect that the electronic work
diary has been destroyed, lost or stolen.
(2) The record keeper
must, as soon as reasonably practicable after becoming aware of the matter or
having reason to suspect the matter—
(a)
inform the driver that the electronic work diary has been destroyed, lost or
stolen unless the driver informed the record keeper about the fault under
section 309; and
(b) give
the driver an electronic work diary that is in working order; and
(c) give
the driver any information, in a way that makes the information readily
available to the driver, that was in the destroyed, lost or stolen electronic
work diary that—
(i)
is accessible to the record keeper; and
(ii)
relates to any period during the last 28 days; and
(iii)
is not stored in the new electronic work diary.
Maximum penalty: $6 000.
(3) The record keeper
must within 2 business days notify the Regulator in the approved form that the
electronic work diary has been destroyed, lost or stolen, unless the record
keeper has a reasonable excuse.
Maximum penalty: $6 000.
(4) If the record
keeper has engaged another person under a contract for services to comply with
subsection (2) or (3) for the record keeper—
(a) the
record keeper remains liable for an offence against subsection (2) or
(3); and
(b) the
other person is also liable for an offence against subsection (2) or (3)
as if the other person were the record keeper mentioned in the subsection.
313—What record keeper must do if electronic work diary not in working
order or malfunctioning
(1) This section
applies if—
(a) the
record keeper for the driver of a fatigue-regulated heavy vehicle is a person
other than the driver; and
(b) the
driver uses an electronic work diary supplied to the driver by the record
keeper; and
(c) the
record keeper becomes aware of, or has reason to suspect, either of the
following matters:
(i)
that the electronic work diary is not in working order;
(ii)
that the electronic work diary is malfunctioning or has
malfunctioned.
Note—
The record keeper may become aware as mentioned in paragraph (c) whether
or not the record keeper has been informed by the driver under
section 309 or an intelligent access program reporting entity under
section 310.
(2) The record keeper
must as soon as reasonably practicable after becoming aware of the matter or
having reason to suspect the matter inform the driver about the matter unless
the driver informed the record keeper about the matter under section 309.
Maximum penalty: $6 000.
(3) The record keeper
must, after becoming aware of the matter or having reason to suspect the
matter—
(a) as
soon as reasonably practicable, direct the driver in the approved form to use
a supplementary record in compliance with section 305; and
(b) as
soon as reasonably practicable, give the driver information that was in the
electronic work diary, in a way that makes the information readily available
to the driver, that—
(i)
is accessible to the record keeper; and
(ii)
relates to any period during the last 28 days; and
(iii)
is not stored in the electronic work diary because the
electronic work diary is not in working order or is malfunctioning or has
malfunctioned; and
(c)
within 2 business days, notify the Regulator in the approved form that the
electronic work diary is not in working order or is malfunctioning or has
malfunctioned, unless the record keeper has a reasonable excuse; and
(d)
within a period required by the Regulator, ensure the electronic work diary is
examined and brought into working order and is not malfunctioning.
Maximum penalty: $6 000.
(4) Subsection (5)
applies if the driver of the vehicle changes during any period that is
relevant to the duties imposed on the record keeper by subsection (2) or
(3).
(5) Each reference to
the driver in subsection (2) or (3) is a reference to the driver of the
vehicle when the record keeper acts under the subsection.
(6) If the record
keeper has engaged another person under a contract for services to comply with
subsection (2) or (3) for the record keeper—
(a) the
record keeper remains liable for an offence against subsection (2) or
(3); and
(b) the
other person is also liable for an offence against subsection (2) or (3)
as if the other person were the record keeper mentioned in the subsection.
(7) Subsection (6)
does not apply if the other person is engaged under a contract for services
only to repair or otherwise bring the electronic work diary into working
order.
Example for the purposes of subsection (7)—
A person in the business of repairing electronic recording systems is engaged
under a contract for services to repair or otherwise bring the electronic work
diary into working order on behalf of the record keeper.
Subdivision 5—Use of electronic work diaries
314—How electronic work diary must be used
(1) This section
applies if the driver of a fatigue-regulated heavy vehicle who is required to
record information in the driver's work diary under Subdivision 2 uses an
electronic work diary.
(2) The driver must
use the electronic work diary in a way complying with—
(a) any
conditions applying under this Law or a corresponding fatigue law in relation
to the use of the approved electronic recording system constituting the work
diary or of which the work diary is a part; and
(b) the
manufacturer's specifications for the electronic recording system that is or
includes the work diary, to the extent the specifications are consistent with
the conditions mentioned in paragraph (a).
Maximum penalty: $3 000.
Note—
The Regulator may impose conditions on the use of an electronic recording
system under section 343.
(3) The record keeper
of a driver of a fatigue-regulated heavy vehicle who uses an electronic work
diary must ensure the driver complies with the requirements of
subsection (2).
Maximum penalty: $6 000.
(4) In a proceeding
for an offence against subsection (2) or (3) involving a person failing
to comply with a particular specification of the manufacturer of an electronic
recording system, it is a defence for the person to prove that—
(a) the
specification was not integral to the effective operation of the electronic
recording system; or
(b) what
was done or not done in relation to the specification was in accordance with
industry practice in relation to the handling or maintenance of an electronic
recording system of that type from that manufacturer.
Subdivision 6—Extended liability
315—Ensuring driver complies with Subdivisions 1 to 4
(1) Each responsible
party for the driver of a fatigue-regulated heavy vehicle must ensure, so far
as is reasonably practicable, the driver complies with each of
Subdivisions 1, 2, 3 and 4 so far as they are applicable.
Maximum penalty: $6 000.
(2) In this
section—
responsible party , for the driver of a fatigue-regulated heavy vehicle,
means—
(a) if
the driver is an employed driver—an employer of the driver; or
(b) if
the driver is a self-employed driver—a prime contractor of the driver;
or
(c) an
operator of the vehicle; or
(d) a
scheduler for the vehicle.
Division 3—Records relating to drivers
Subdivision 1—Preliminary
316—Application of Division 3
This Division—
(a)
applies in relation to each record keeper for the driver of a
fatigue-regulated heavy vehicle; and
(b) if
there is more than 1 record keeper for the driver of a fatigue-regulated heavy
vehicle—applies only to the extent the driver is carrying out work in
relation to which the record keeper is a record keeper for the driver.
Example for the purposes of paragraph (b)—
The driver of a fatigue-regulated heavy vehicle is an employed driver employed
by employer A and employer B, each of whom is a record keeper of the driver.
A's obligations to record information under this Division apply only to the
extent the information is about the work the driver carries out for A.
For example, under section 319, A need only record the registration
numbers of the fatigue-regulated heavy vehicles the driver drives for carrying
out work for A and the work times and rest times of the driver while carrying
out that work. A does not need to record the registration numbers for the
fatigue-regulated heavy vehicles the driver drives for carrying out work for B
or the work times and rest times of the driver while carrying out that work.
317—Who is a driver's record keeper
The following person is the record keeper for the driver of a
fatigue-regulated heavy vehicle:
(a) if
the driver is operating under a BFM accreditation or AFM accreditation of an
operator of the vehicle or a work and rest hours exemption (permit) granted in
combination with an operator's BFM accreditation or AFM
accreditation—the operator;
(b)
otherwise—
(i)
for an employed driver of a fatigue-regulated heavy
vehicle—the driver's employer; or
(ii)
for a self-employed driver of a fatigue-regulated heavy
vehicle—the driver.
Subdivision 2—Record keeping obligations relating to drivers
undertaking 100km work under standard hours
318—Application of Subdivision 2
This Subdivision applies in relation to the driver of a fatigue-regulated
heavy vehicle who is undertaking only 100km work under standard hours.
319—Records record keeper must have
(1) The driver's
record keeper must, unless the record keeper has a reasonable excuse—
(a)
record the following information within the prescribed period:
(i)
the driver's name and contact details;
(ii)
the driver's current driver licence number and the
jurisdiction in which the licence was issued;
(iii)
the dates on which the driver drives a fatigue-regulated
heavy vehicle on a road;
(iv)
the registration number for each fatigue-regulated heavy
vehicle the driver drives, being—
(A) in the case of a vehicle that is not in
a combination—that vehicle; or
(B) in the case of a vehicle that is in a
combination—the towing vehicle in the combination;
(v)
the total of the driver's work times and rest times on
each day on which the driver drives a fatigue-regulated heavy vehicle;
(vi)
the total of the driver's work times and rest times for
each week during which the driver drives a fatigue-regulated heavy vehicle;
(vii)
the driver's rosters and trip schedules, including
details of driver changeovers;
(viii)
the location of the driver's base;
(ix)
if the location of the driver's base changes—the
date on which the location changes; and
(b) keep
a copy of payment records relating to the driver, including time sheet records
if the driver is paid according to time at work.
Maximum penalty: $6 000.
(2) A requirement
imposed on a record keeper by subsection (1)(a)(ii) to (vi) is taken to
be satisfied if an electronic work diary used by the driver, the information
in which is maintained by the record keeper, includes the information
mentioned in the provisions.
(3) If the record
keeper has engaged another person under a contract for services to comply with
subsection (1) for the record keeper—
(a) the
record keeper remains liable for an offence against subsection (1); and
(b) the
other person is also liable for an offence against subsection (1) as if
the other person were the record keeper mentioned in the subsection.
(6) In this
section—
prescribed period , for recording information mentioned in subsection (1)
relating to the driver of a fatigue-regulated heavy vehicle, means—
(a) if
the driver's record keeper is the driver—within 24 hours after the
driver stops working on a day for which the information is relevant; or
(b) if
the driver's record keeper is a person other than the driver—as soon as
possible after the person receives the information.
319A—General requirements about driver recording and giving information
to record keeper
(1) This section
applies if the driver's record keeper on a relevant day is a person other than
the driver.
(2) The driver must,
unless the driver has a reasonable excuse—
(a)
within 24 hours after the driver stops working on the relevant day, record the
information mentioned in section 319(1)(a)(iii) to (vi) for that day; and
(b)
within 21 days after the relevant day, give the information mentioned in
section 319(1) for that day to the driver's record keeper.
Maximum penalty: $3 000.
(3) The requirement
imposed on the driver by subsection (2)(a) is taken to be satisfied if
the record keeper records the information within the period mentioned in the
provision.
(4) The requirement
imposed on the driver by subsection (2)(b) is taken to be satisfied if
the record keeper obtains the information within the period mentioned in the
provision in any way, including, for example, because the information is
recorded—
(a) in
an electronic work diary used by the driver, the information in which is
maintained by the record keeper; or
(b) by
the record keeper.
(5) The record keeper
must, so far as is reasonably practicable, ensure the driver complies with
subsection (2)(b).
Maximum penalty: $3 000.
(6) If the record
keeper has engaged another person under a contract for services to comply with
subsection (5) for the record keeper—
(a) the
record keeper remains liable for an offence against subsection (5); and
(b) the
other person is also liable for an offence against subsection (5) as if
the other person were the record keeper mentioned in the subsection.
(7) In this
section—
relevant day means a day on which the driver drives a fatigue-regulated heavy
vehicle on a road.
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 Subdivision 3
This Subdivision applies in relation to the driver of a fatigue-regulated
heavy vehicle who is—
(a)
undertaking 100+km work under standard hours; or
(b)
operating under BFM hours, AFM hours or exemption hours.
321—Records record keeper must have
(1) The driver's
record keeper must, unless the record keeper has a reasonable excuse—
(a)
record the following information within the prescribed period:
(i)
the driver's name and contact details;
(ii)
the driver's current driver licence number and the
jurisdiction in which the licence was issued;
(iii)
the driver's rosters and trip schedules, including
details of driver changeovers; and
(b) keep
a copy of all duplicate pages, if any, and other copies of work diary entries,
including any entry made in a supplementary record—
(i)
given to the record keeper under section 322; or
(ii)
as required to be made by the record keeper as a
self-employed driver under Division 2; and
(c) keep
a copy of payment records relating to the driver, including time sheet records
if the driver is paid according to time at work.
Maximum penalty: $6 000.
(2) The requirement
imposed on the record keeper by subsection (1)(a)(ii) is taken to be
satisfied if an electronic work diary used by the driver, the information in
which is maintained by the record keeper, includes the information mentioned
in the provision.
(3) If the driver is
operating under BFM hours or AFM hours, the record keeper must, unless the
record keeper has a reasonable excuse, also record the following information:
(a) the
information required to be kept by the record keeper as a condition of the BFM
accreditation or AFM accreditation under which the driver is operating;
(b) the
information required to be kept by the record keeper under the BFM standards
and business rules or AFM standards and business rules.
Maximum penalty: $6 000.
Note—
See also section 470 for other record-keeping requirements applying to a
record keeper who is an operator operating under a BFM accreditation or AFM
accreditation.
(4) If the record
keeper has engaged another person under a contract for services to comply with
subsection (1) or (3) for the record keeper—
(a) the
record keeper remains liable for an offence against the subsection; and
(b) the
other person is also liable for an offence against the subsection as if the
other person were the record keeper mentioned in the subsection.
(7) This section does
not apply to the record keeper for the driver of a fatigue-regulated heavy
vehicle who—
(a) is
exempt from the requirements of Division 2 under section 356; or
(b) is
operating under a work diary exemption (notice).
Note—
A record keeper for the driver of a fatigue-regulated heavy vehicle who is not
exempt from the requirements of Division 2 under section 356 and who
is operating under a work diary exemption (permit) is not exempt from this
section and therefore is subject to its requirements.
(8) In this
section—
AFM standards and business rules has the meaning given by section 457;
BFM standards and business rules has the meaning given by section 457;
prescribed period , for recording information mentioned in subsection (1)
relating to the driver of a fatigue-regulated heavy vehicle, means—
(a) if
the driver's record keeper is the driver—within 24 hours after the
driver stops working on a day for which the information is relevant; or
(b) if
the driver's record keeper is a person other than the driver—as soon as
possible after the person receives the information.
322—General requirements about driver giving information to record
keeper
(1) This section
applies if—
(a) the
driver of a fatigue-regulated heavy vehicle is required to record information
in the driver's work diary under Division 2; and
(b) the
driver's record keeper is a person other than the driver.
(2) The driver must,
within 21 days after the day on which the driver drove the vehicle, give a
copy of the work diary entry recording the information, including any entry
made in a supplementary record recording the information for that day, to each
person who was a record keeper for the driver on that day, unless the driver
has a reasonable excuse.
Maximum penalty: $3 000.
(3) The requirement
imposed on the driver by subsection (2) is taken to be satisfied if an
electronic work diary used by the driver, the information in which is
maintained by the record keeper, includes the information mentioned in the
provision.
(4) The record keeper
must ensure, so far as is reasonably practicable, the driver complies with
subsection (2).
Maximum penalty: $3 000.
(5) If the record
keeper has engaged another person under a contract for services to comply with
subsection (4) for the record keeper—
(a) the
record keeper remains liable for an offence against subsection (4); and
(b) the
other person is also liable for an offence against subsection (4) as if
the other person were the record keeper mentioned in the subsection.
323—Requirements about driver giving information to record keeper if
driver changes record keeper
(1) This section
applies if—
(a) the
driver of a fatigue-regulated heavy vehicle is, or was in the previous
28 days, required to record information in the driver's work diary under
Division 2; and
(b) the
driver changes record keepers; and
(c) the
new record keeper is a person other than the driver.
(2) The driver must,
before driving a fatigue-regulated heavy vehicle for the driver's new record
keeper, give the new record keeper a copy of information the driver recorded
in a work diary in the 28 days before the change happened that relates to that
28-day period, unless the driver has a reasonable excuse.
Maximum penalty: $3 000.
(3) The new record
keeper must ensure, so far as is reasonably practicable, the driver complies
with subsection (2).
Maximum penalty: $3 000.
(4) The requirement
imposed on the driver or the record keeper by subsection (2) or (3) is
taken to be satisfied if an electronic work diary used by the driver, the
information in which is maintained by the record keeper, includes the
information mentioned in the subsection.
(5) If the new record
keeper has engaged another person under a contract for services to comply with
subsection (3) for the new record keeper—
(a) the
new record keeper remains liable for an offence against subsection (3);
and
(b) the
other person is also liable for an offence against subsection (3) as if
the other person were the new record keeper mentioned in the subsection.
324—Record keeper must give information from electronic work diary
(1) This section
applies if—
(a) the
driver of a fatigue-regulated heavy vehicle is required to record information
in the driver's work diary under Division 2; and
(b) the
driver's record keeper is a person other than the driver; and
(c) the
driver is using an electronic work diary supplied to the driver by the
driver's record keeper.
(2) If the driver
stops using the electronic work diary, the driver's record keeper must
immediately give the driver, in a way that makes the information readily
available to the driver, the information recorded in the work diary for each
day on which the driver was using the electronic work diary, unless the record
keeper has a reasonable excuse.
Maximum penalty: $3 000.
(3) If the record
keeper has engaged another person under a contract for services to comply with
subsection (2) for the record keeper—
(a) the
record keeper remains liable for an offence against subsection (2); and
(b) the
other person is also liable for an offence against subsection (2) as if
the other person were the record keeper mentioned in the subsection.
324A—Record keeper must give record to driver if requested
(1) This section
applies if—
(a) the
driver of a fatigue-regulated heavy vehicle is required to record information
in the driver's work diary under Division 2; and
(b) the
driver's record keeper is a person other than the driver; and
(c) the
driver requests a record held under this Division by the record keeper.
(2) The driver's
record keeper must, as soon as reasonably practicable—
(a) give
the driver a copy of the record, or make the record available to the driver;
or
(b) if
the information is recorded in an electronic work diary—give the driver,
in a way that makes the information readily available to the driver, the
information recorded in the work diary.
Maximum penalty: $1 500.
Division 4—Provisions about false representations relating to work
records
325—False or misleading entries
(1) A person must not
record something in a work record that the person knows, or ought reasonably
to know, is false or misleading.
Maximum penalty: $10 000.
Note—
See section 632 for the matters a court may consider when deciding
whether a person ought reasonably to have known something.
(2) In a proceeding
for an offence against subsection (1), it is enough for a charge to state
that the entry was 'false or misleading', without specifying whether it was
false or whether it was misleading.
326—When possessing, or recording information in, more than 1 work diary
relating to the same period is prohibited
(1) The driver of a
fatigue-regulated heavy vehicle must not have in the driver's possession more
than 1 written work diary in which information can be recorded on a daily
sheet.
Maximum penalty: $10 000.
(2) The driver of a
fatigue-regulated heavy vehicle must not record information for the same
period in—
(a) a
written work diary and an electronic work diary; or
(b) more
than 1 electronic work diary.
Example—
The driver of a fatigue-regulated heavy vehicle works for A and B. The driver
keeps a written work diary for work done for A and an electronic work diary
for work done for B. On a particular day, the driver works from 1 pm to 5 pm
for A and from 6 pm to 11 pm for B.
The driver must record the information about the period between 1 pm and 5 pm
in the written work diary kept for A, and the information for the period
between 6 pm and 11 pm in the electronic work diary kept for B.
The driver must not record information about the period between 1 pm and 5 pm,
or the period between 6 pm to 11 pm, in both the written work diary and
electronic work diary.
Maximum penalty: $10 000.
327—Possession of purported work records etc prohibited
The driver of a fatigue-regulated heavy vehicle or the record keeper for a
driver of a fatigue-regulated heavy vehicle must not have in the driver's or
record keeper's possession a thing purporting to be a work record if the
driver or record keeper knows, or ought reasonably to know, that it is not a
work record.
Maximum penalty: $10 000.
Note—
See section 632 for the matters a court may consider when deciding
whether a person ought reasonably to have known something.
328—False representation about work records prohibited
A person must not falsely represent that a work record was made by the person.
Maximum penalty: $10 000.
Division 5—Interfering with work records
Subdivision 1—Work records generally
329—Defacing or changing work records etc prohibited
A person must not deface or change a work record that the person knows, or
ought reasonably to know, is correct.
Maximum penalty: $10 000.
Note—
1 Giving a false or misleading document to an
official is prohibited by section 702.
2 See section 341 for the requirement that
the record keeper for the driver of a fatigue-regulated heavy vehicle keep
particular records in a way that ensures they are readable and reasonably
capable of being understood and capable of being used as evidence.
3 See section 632 for the matters a court may
consider when deciding whether a person ought reasonably to have known
something.
330—Making entries in someone else's work records prohibited
(1) A person must not
make an entry in someone else's work record.
Maximum penalty: $10 000.
(2) Subsection (1)
does not apply to—
(a) a
person who—
(i)
makes an entry in another person's work diary under a
work diary exemption (permit) applying to the other person; and
(ii)
is nominated by the other person to make the entry; or
(b) an
authorised officer; or
(c) a
party to a two-up driving arrangement—
(i)
signing the written work diary of the other party to the
arrangement; or
(ii)
making an entry in the other party's electronic work
diary indicating the party's approval of the information recorded in the work
diary.
331—Destruction of particular work records prohibited
If a work record is required under (or by a condition under) this Part to be
kept for a particular period by a person, the person or someone else must not
destroy the record before the end of the period.
Maximum penalty: $10 000.
Note—
See section 341 for the period for which record keepers for drivers of
fatigue-regulated heavy vehicles are required to keep particular work records.
332—Offence to remove pages from written work diary
A person must not remove a daily sheet, or the duplicates of a daily sheet,
from a written work diary except as required or authorised by this Law or a
corresponding fatigue law.
Maximum penalty: $10 000.
Subdivision 2—Approved electronic recording systems
333—Application of Subdivision 2
This Subdivision applies to an approved electronic recording system
constituting an electronic work diary or of which an electronic work diary is
a part.
334—Meaning of tamper
Tamper with an approved electronic recording system means—
(i)
results in the system, or a part of the system,
malfunctioning; or
(ii)
could result in the system, or a part of the system,
malfunctioning; or
(iii)
alters any of the data recorded by the system or a part
of the system; or
(iv)
could alter any of the data recorded by the system or a
part of the system; or
(v)
results in inaccurate information being recorded by the
system or a part of the system; or
(vi)
could result in inaccurate information being recorded by
the system or a part of the system; or
(b)
engage in conduct that alters or otherwise interferes with an electronic
signal sent to or from the system, or a part of the system, if the alteration
or interference has or could have an effect mentioned in
paragraph (a)(i), (iii) or (v).
335—Person must not tamper with approved electronic recording system
(1) A person must not
tamper with an approved electronic recording system.
Maximum penalty: $10 000.
(2)
Subsection (1) does not apply to—
(a)
conduct associated with repairing an approved electronic recording system, or
a part of an approved electronic recording system, that is malfunctioning or
has malfunctioned; or
(b)
conduct associated with maintaining an approved electronic recording system;
or
(c) an
authorised officer when exercising functions under this Law.
(5) In a proceeding
for an offence against subsection (1) involving a person engaging in
conduct that alters or otherwise interferes with any electronic signal sent to
or from an approved electronic recording system, or a part of an approved
electronic recording system, it is a defence for the person to prove that the
person was not aware, and could not reasonably be expected to have been aware,
that the conduct would alter or otherwise interfere with the electronic
signal.
336—Person using approved electronic recording system must not permit
tampering with it
(1) A person who uses
an approved electronic recording system must not permit another person to
tamper with the system.
Maximum penalty: $10 000.
Examples of a person who uses an approved electronic recording system —
• a driver of a
heavy vehicle
• a driver's
record keeper
336A—Reporting tampering or suspected tampering with electronic work
diary
(1) If the record
keeper for the driver of a fatigue-regulated heavy vehicle knows, or has
reasonable grounds to suspect, an electronic work diary has been tampered
with, the record keeper must report the matter to the Regulator—
(a)
within 2 business days; and
(b) in
the approved form.
Maximum penalty: $6 000.
(2) If the record
keeper has engaged another person under a contract for services to comply with
subsection (1) for the record keeper—
(a) the
record keeper remains liable for an offence against subsection (1); and
(b) the
other person is also liable for an offence against subsection (1) as if
the other person were the record keeper mentioned in the subsection.
337—Intelligent access reporting entity must not permit tampering with
approved electronic recording system
(1) This section
applies if an approved electronic recording system is or is part of an
approved intelligent transport system.
(2) An intelligent
access program reporting entity for the approved intelligent transport system
must not permit another person to tamper with the approved electronic
recording system.
Maximum penalty: $10 000.
Division 6—Obtaining written work diary
338—Form of written work diary
(1) This section
states the requirements for written work diaries issued by the Regulator under
this Division.
(2) A written work
diary must contain—
(a) a
unique identifying number for the work diary; and
(b)
sheets ( daily sheets ) that—
(i)
provide for recording information daily; and
(ii)
are sequentially numbered; and
(c) 2
duplicates of each daily sheet; and
(d) a
duplicate of any application form contained in the work diary under
subsection (3); and
(e)
instructions for use of the work diary.
(3) A written work
diary may contain an application in the approved form for the issue of another
work diary.
(4) Each daily sheet
of a written work diary must be in a form that ensures that, if information is
written on the daily sheet in the way stated in the instructions in the work
diary or this Law, the information should be automatically copied on to the
duplicates for the sheet.
339—Application for written work diary
(1) The driver of a
fatigue-regulated heavy vehicle may apply to the Regulator for a written work
diary.
(2) The application
must be—
(a) in
the approved form; and
(b)
accompanied by the prescribed fee for the application.
(3) If the application
is for a written work diary to replace a written work diary previously issued
to the driver (the existing written work diary ), the driver must give the
existing written work diary to the Regulator with the application, unless the
existing written work diary has been destroyed, lost or stolen.
(4) If the driver
gives the existing written work diary to the Regulator, the Regulator
must—
(a)
cancel any unused daily sheets in the written work diary; and
(b)
return the written work diary to the driver when the Regulator issues the
replacement written work diary to the driver.
(5) If the application
is for a written work diary to replace a written work diary that has been
destroyed, lost or stolen, the application must—
(a)
state the previous work diary's number and that it has been destroyed, lost or
stolen; and
(b)
briefly outline the circumstances of the destruction, loss or theft.
340—Issue of written work diary
(1) The Regulator must
issue a written work diary to the driver of a fatigue-regulated heavy vehicle
if the driver—
(a)
applies for the work diary under section 339; and
(b)
identifies himself or herself by showing his or her current driver licence to
the Regulator; and
(c) pays
the prescribed fee for the issue of the work diary.
(2) If the Regulator
issues a written work diary to the driver of a fatigue-regulated heavy
vehicle, the Regulator must note the date, time and place of issue on the
written work diary.
(3) The Regulator may
make other notes on the written work diary the Regulator considers
appropriate.
Division 7—Requirements about records record keeper must make or
keep
Note—
In the Heavy Vehicle National Law set out in the Schedule to the
Heavy Vehicle National Law Act 2012 of Queensland, this Division is numbered
Division 6A.
341—Period for which, and way in which, records must be kept
(1) The record keeper
of the driver of a fatigue-regulated heavy vehicle must, unless the record
keeper has a reasonable excuse, keep a record required to be made or kept
under Division 3, or a copy of the record, for 3 years after—
(a) for
a record made by the record keeper—the day the record keeper makes the
record; or
(b) for
another record—the day the record keeper receives the record.
Maximum penalty: $6 000.
(2) The record keeper
of the driver of a fatigue-regulated heavy vehicle must, unless the record
keeper has a reasonable excuse, keep a record required to be made or kept
under (or by a condition under) Division 9 or Division 10, or a copy
of the record, for a period of 3 years, or, if a condition of an exemption
states a record must be kept for a period of less than 3 years, the period
stated in the condition, after—
(a) for
a record made by the record keeper—the day the record keeper makes the
record; or
(b) for
another record—the day the record keeper receives the record.
Maximum penalty: $6 000.
(3) Except where the
driver is his or her own record keeper, the record keeper must, unless the
record keeper has a reasonable excuse, keep the record or copy at the driver's
record location in a way that ensures it is readily available to an authorised
officer at the record location.
Maximum penalty: $3 000.
(4) If the driver is
his or her own record keeper, the driver as record keeper must, unless the
driver as record keeper has a reasonable excuse, ensure the record or copy of
the record is kept at the driver's record location in a way that ensures it is
readily available to an authorised officer at the record location by the end
of the 21-day period after the day the record is made.
Maximum penalty: $3 000.
(5) The record keeper
must, unless the record keeper has a reasonable excuse, keep the record or
copy in a way that ensures it is—
(a)
readable and reasonably capable of being understood; and
(b)
capable of being used as evidence.
Example—
To ensure a record kept in a storage facility does not become unreadable, for
example, by degrading, the record keeper could scan the hard copy of the
record and keep it in an electronic format that is readable.
Maximum penalty: $6 000.
(6) A reference in
subsection (1) to keeping a record of information required to be made or
kept under Division 3 includes a reference to maintaining a record of the
information that is in an electronic work diary, if that record is taken to
have satisfied the requirement under Division 3.
(7) If the driver's
work diary is an electronic work diary, the driver's record keeper must,
unless the record keeper has a reasonable excuse, maintain a record of the
information that is recorded in the work diary in a way complying with—
(a) if
the Regulator has, when approving the electronic recording system constituting
the work diary, or of which the work diary is a part, imposed any conditions
in relation to the way information must be recorded in the work
diary—those conditions; and
(b) the
manufacturer's instructions, if any, for recording information in the
electronic work diary, to the extent the instructions are consistent with the
conditions mentioned in paragraph (a).
Maximum penalty: $1 500.
Note—
The Regulator may impose conditions on the use of an electronic recording
system under section 343.
(8) If the record
keeper has engaged another person under a contract for services to comply with
subsection (1), (2), (3), (5) or (7) for the record keeper—
(a) the
record keeper remains liable for an offence against the subsection; and
(b) the
other person is also liable for an offence against the subsection as if the
other person were the record keeper mentioned in the subsection.
Division 8—Approval of electronic recording systems
Note—
In the Heavy Vehicle National Law set out in the Schedule to the
Heavy Vehicle National Law Act 2012 of Queensland, this Division is numbered
Division 7.
Subdivision 1—Approval of electronic recording systems
342—Application for approval of electronic recording system
(1) A person may apply
to the Regulator for the approval of an electronic recording system.
Examples of persons who may apply for an approval under this section—
• manufacturers
of electronic recording systems
• operators of
fatigue-regulated heavy vehicles
• drivers of
fatigue-regulated heavy vehicles
(2) The application
must be—
(a) in
the approved form; and
(b)
accompanied by the prescribed fee for the application.
343—Deciding application for approval
(1) The Regulator
must, as soon as practicable after receiving an application for an electronic
recording system approval—
(a)
grant the approval, with or without conditions about the use or maintenance of
the electronic recording system to which the approval relates; or
(b)
refuse the application.
(2) The Regulator may
approve an electronic recording system only if the Regulator is satisfied the
system—
(a) is
suitable or has a part that is suitable for fitting to, or for use in, a
fatigue-regulated heavy vehicle; and
(b) has
a mechanism that readily indicates to the driver of the fatigue-regulated
heavy vehicle to which it or a part of it is fitted, or in which it or a part
of it is used, that the system is or is not properly functioning; and
(i)
accurately monitoring and recording the work times and
rest times of the driver of the fatigue-regulated heavy vehicle to which it or
a part of it is fitted, or in which it or a part of it is used; and
(ii)
accurately recording any other information the driver is
required by this Law to record in a work diary; and
(d) if
the system or a part of it is to be fitted to a fatigue-regulated heavy
vehicle and is to be used by more than 1 driver of the vehicle, is capable of
ensuring the following:
(i)
all of the information mentioned in paragraph (c)
can be accurately monitored or recorded for each of the drivers;
(ii)
the details recorded by, or in relation to, 1 of the
drivers are readily distinguishable from the details recorded by, or in
relation to, the other drivers;
(iii)
the name of the driver in relation to whom details are
recorded is shown whenever the details are accessed;
(iv)
1 of the drivers cannot record any information, that the
driver is required by this Law to record in a work diary, in the system for
any of the other drivers; and
(e) has
a mechanism to ensure the driver of the fatigue-regulated heavy vehicle to
which it or a part of it is fitted, or in which it or a part of it is used,
cannot alter any information the driver records in the system once the driver
has had an opportunity to confirm the accuracy of the information; and
(f) is
capable of enabling the driver of the fatigue-regulated heavy vehicle to which
it or a part of it is fitted, or in which it or a part of it is used, to send
information to the driver's record keeper; and
(g) has
a mechanism that, at least once each day, readily indicates to the driver
whether information has or has not been sent to the record keeper; and
(h) is
capable of readily reproducing, on being accessed by the record keeper for the
driver of the fatigue-regulated heavy vehicle to which it or a part of it is
fitted, or in which it or a part of it is used, the information that the
system contains; and
(i)
is capable of readily reproducing, on being accessed by
an authorised officer while the vehicle to which it or a part of it is fitted,
or in which it or a part of it is used, is on a road, the information the
system contains in a form that—
(i)
is readily accessible by the officer; and
(ii)
is reasonably capable of being understood by the officer;
and
(iii)
can be used as evidence.
(3) In deciding
whether or not to grant the approval, the Regulator must have regard to the
approved guidelines for granting electronic recording system approvals.
(4) An approved
electronic recording system may be, or be a part of, an approved intelligent
transport system.
344—Steps after decision to grant approval
(1) If the Regulator
grants an approval under section 343, the Regulator must give the
applicant a numbered certificate of approval.
(2) If the Regulator
imposes conditions on the approval, the certificate of approval given to the
applicant must state the conditions.
(3) If the Regulator
imposes conditions on the approval not sought by the applicant, the Regulator
must give the applicant an information notice for the decision to impose the
conditions.
345—Steps after decision to refuse application
If the Regulator decides not to grant an application for an electronic
recording system approval, the Regulator must give the applicant an
information notice for the decision.
346—Effect of approval
(1) An electronic
recording system approval granted under this Subdivision applies to any system
identical to the system given to the Regulator for approval.
(2) The conditions
imposed on the approval under section 343, or Subdivision 3, apply
to each identical system to which the approval applies.
Subdivision 2—Using unapproved electronic recording system
347—Prohibition on using electronic work diary if it is not, and is not
a part of, an approved electronic recording system
A person must not use as an electronic work diary for the purposes of this Law
an electronic recording system constituting an electronic work diary, or of
which an electronic work diary is a part, if the person knows, or ought
reasonably to know, the electronic recording system is not an approved
electronic recording system.
Maximum penalty: $10 000.
Note—
See section 632 for the matters a court may consider when deciding
whether a person ought reasonably to have known something.
Subdivision 3—Amendment or cancellation of approval
351—Amendment or cancellation of approval on application
(1) The holder of an
electronic recording system approval may apply to the Regulator for an
amendment or cancellation of the approval.
(2) The application
must—
(a) be
in writing; and
(b) be
accompanied by the prescribed fee for the application; and
(c) if
the application is for an amendment of the approval, state clearly the
amendment sought and outline the reasons for the application; and
(d) be
accompanied by the certificate of approval for the approval.
(3) The Regulator may,
by notice given to the applicant, require the applicant to give the Regulator
any additional information the Regulator reasonably requires to decide the
application.
(4) The Regulator must
decide the application as soon as practicable after receiving it.
(5) If the Regulator
decides to grant the application—
(a) the
Regulator must give the applicant notice of the decision; and
(b) the
amendment or cancellation takes effect—
(i)
when notice of the decision is given to the applicant; or
(ii)
if a later time is stated in the notice, at the later
time; and
(c) if
the Regulator amended the approval, the Regulator must give the applicant a
replacement certificate of approval for the approval as amended.
(6) If the Regulator
decides not to amend or cancel the approval as sought by the applicant, the
Regulator must—
(a) give
the applicant an information notice for the decision; and
(b)
return the certificate of approval for the approval to the applicant.
(7) In this
section—
certificate of approval , for an electronic recording system approval, means
the certificate of approval issued by the Regulator under section 344 for
the approval.
352—Amendment or cancellation of approval on Regulator's initiative
(1) Each of the
following is a ground for amending or cancelling an electronic recording
system approval:
(a) the
approval was granted because of a document or representation that was—
(i)
false or misleading; or
(ii)
obtained or made in an improper way;
(b)
since the approval was granted, there has been a change in the circumstances
that were relevant to the Regulator's decision to grant the approval and, had
the changed circumstances existed when the approval was granted, the Regulator
would not have granted the approval, or would have granted the approval
subject to conditions or different conditions.
(2) If the Regulator
considers a ground exists to amend or cancel an electronic recording system
approval (the proposed action ), the Regulator must give the holder of the
approval a notice—
(a)
stating the proposed action; and
(b)
stating the ground for the proposed action; and
(c)
outlining the facts and circumstances forming the basis for the ground; and
(d) if
the proposed action is to amend the approval (including a condition of the
approval)—stating the proposed amendment; and
(e)
inviting the holder to make, within a stated time of at least 14 days
after the notice is given to the holder, written representations about why the
proposed action should not be taken.
(3) If, after
considering all written representations made under subsection (2)(e), the
Regulator still considers a ground exists to take the proposed action, the
Regulator may—
(a) if
the proposed action was to amend the approval—amend the approval,
including, for example, by imposing additional conditions on the approval, in
a way that is not substantially different from the proposed action; or
(b) if
the proposed action was to cancel the approval—
(i)
amend the approval, including, for example, by imposing
additional conditions on the approval; or
(ii)
cancel the approval.
(4) The Regulator must
give the holder an information notice for the decision.
(5) The amendment or
cancellation takes effect—
(a) when
the information notice is given to the holder; or
(b) if a
later time is stated in the information notice, at the later time.
353—Minor amendment of approval
The Regulator may, by notice given to the holder of an electronic recording
system approval, amend the approval in a minor respect—
(a) for
a formal or clerical reason; or
(b) in
another way that does not adversely affect the holder's interests.
354—Requirements if approval amended
(1) This section
applies if, under this Subdivision—
(a) the
Regulator amends an electronic recording system approval to change the
conditions about the use or maintenance of the electronic recording system the
subject of the approval; and
(b) in
the Regulator's opinion, the amendment will, or is likely to, significantly
affect the way the electronic recording system the subject of the approval is
to be used.
(2) The Regulator may,
by notice, direct the holder of the approval to give each person to whom the
holder has supplied an electronic recording system the subject of the
approval, or a device forming part of the system, a notice stating the amended
conditions of the approval.
(3) If the Regulator
gives the holder of the approval a direction under subsection (2), the
holder must comply with the direction.
Maximum penalty: $6 000.
(4) With the
Regulator's written consent, a person may comply with subsection (3) by
publishing the amended conditions, and any further details stated by the
Regulator, using at least 2 of the following methods:
(a) by
notice published in a newspaper stated by the Regulator;
(b) by
notice published in a journal or newsletter stated by the Regulator;
(c) on a
website stated by the Regulator.
(5) If, under
subsection (3), the holder of the approval gives a person a notice
stating the amended conditions of the approval, the person must give a copy of
the notice to each other person to whom the person has supplied an electronic
recording system the subject of the approval, or a device forming part of the
system.
Example for the purposes of subsection (5)—
The holder of an approval is a manufacturer and the manufacturer has supplied
an electronic recording system the subject of the approval to an operator of a
fatigue-regulated heavy vehicle who has supplied the system to the vehicle's
driver. If, under subsection (3), the manufacturer gives the operator a
notice stating the amended conditions of the approval, the operator must,
under subsection (5), give the driver a copy of the notice.
Maximum penalty: $6 000.
(6) Nothing in this
section prevents the Regulator from publishing details of the amendment by
whatever means the Regulator thinks appropriate.
Example—
The Regulator may publish the amended conditions in the Commonwealth Gazette
or on a website.
(7) In this
section—
amended conditions , of an electronic recording system approval that has been
amended under this Division, means the conditions of the approval as they
apply after the amendment.
355—Requirements if approval cancelled
(1) This section
applies if, under this Subdivision, the Regulator notifies the holder of an
electronic recording system approval that the approval has been cancelled.
(2) If the electronic
recording system constitutes an electronic work diary, or if part of the
electronic recording system is an electronic work diary, the holder of the
approval must, within the period stated by the Regulator in the notification,
remove any electronic message on the system's visual display stating the
system is or includes an electronic work diary.
Maximum penalty: $6 000.
(3) The Regulator may,
by notice, direct the holder of the approval to give each person to whom the
holder has supplied an electronic recording system the subject of the approval
that constitutes an electronic work diary, or of which an electronic work
diary is a part, a notice stating that the approval has been cancelled.
(4) If the Regulator
gives the holder of the approval a direction under subsection (3), the
holder must comply with the direction.
Maximum penalty: $6 000.
(5) With the
Regulator's written consent, a person may comply with subsection (4) by
publishing details of the cancellation, and any further details stated by the
Regulator, using at least 2 of the following methods:
(a) by
notice published in a newspaper stated by the Regulator;
(b) by
notice published in a journal or newsletter stated by the Regulator;
(c) on a
website stated by the Regulator.
(6) If, under
subsection (4), the holder of the approval gives a person a notice that
the approval has been cancelled, the person must give a notice to each other
person to whom the person has supplied an electronic recording system the
subject of the approval that constitutes an electronic work diary, or of which
an electronic work diary is a part, stating that the approval has been
cancelled.
Example for the purposes of subsection (6)—
The holder of an approval is a service provider who has supplied to the
operator of a fatigue-regulated heavy vehicle an approved electronic recording
system constituting an electronic work diary or of which an electronic work
diary is a part. If, under subsection (4), the service provider gives the
operator a notice stating the approval has been cancelled, the operator must
give the driver of the vehicle a notice stating the approval has been
cancelled.
Maximum penalty: $6 000.
(7) Nothing in this
section prevents the Regulator from publishing details of the cancellation by
whatever means the Regulator thinks appropriate.
Example—
The Regulator may publish the cancellation in the Commonwealth Gazette or on a
website.
(8) In this
section—
holder , of an electronic recording system approval that has been cancelled,
means the person who, immediately before the cancellation took effect, held
the approval.
Division 9—Exemptions from work diary requirements
Note—
In the Heavy Vehicle National Law set out in the Schedule to the
Heavy Vehicle National Law Act 2012 of Queensland, this Division is
numbered Division 8.
Subdivision 1—Exemption for emergency services
356—Emergency services exemption
(1) A person who is
acting for an emergency service and who has time-critical duties on the way
to, or during, an emergency is exempted in the course of carrying out the
duties from compliance with Division 2.
(2) A person who is
acting for an emergency service and who is returning from attending an
emergency is exempted from compliance with Division 2 if the person
reasonably believes the noncompliance does not present an unreasonable danger
to other road users.
(3) A person who is
acting for an emergency service is exempted from compliance with
Division 2 under subsection (1) or (2) only if, at the relevant
time, the person complies with any guidelines regarding the management of
fatigue issued by or on behalf of the emergency service or an authority
responsible for oversight of the emergency service.
(4) In this
section—
emergency means an event, or an anticipated event, that—
(a)
endangers, or may endanger, life, property or the environment; or
(b) has
disrupted, or may disrupt, communications, energy supply, water supply or
sewerage services; or
(c) is
declared to be an emergency or disaster by—
(i)
the Commonwealth or a State or Territory; or
(ii)
a Commonwealth or State or Territory authority
responsible for managing responses to emergencies or disasters;
Examples of an emergency—
fire, explosion or natural disaster
emergency service means an entity that has a statutory responsibility to
respond to an emergency and includes the following:
(a) an
ambulance service;
(b) a
fire brigade, including a volunteer fire brigade;
(c) a
police force or police service;
(d) a
disaster or emergency organisation of the Commonwealth or a State or
Territory.
Subdivision 2—Exemptions by Commonwealth Gazette notice
357—Regulator's power to exempt particular drivers from work diary
requirements
(1) The Regulator may,
by Commonwealth Gazette notice complying with section 361, exempt, for a
period of not more than 3 years, drivers of fatigue-regulated heavy
vehicles carrying out a class of work from the requirement to comply with
Subdivision 1 to Subdivision 5 of Division 2 for the work.
(2) An exemption under
subsection (1) is a work diary exemption (notice) .
358—Restriction on grant of work diary exemption (notice)
(1) The Regulator may
grant a work diary exemption (notice) only if the Regulator is
satisfied—
(a)
requiring the drivers to whom the exemption is to apply to comply with
Subdivision 1 to Subdivision 5 of Division 2 would be an
unreasonable restriction on operations conducted by the drivers; and
(b) the
class of work to which the exemption is to apply will not pose—
(i)
a significant risk to public safety; or
(ii)
a significant risk of the drivers to whom the exemption
is to apply driving on a road while impaired by fatigue.
(2) In deciding
whether or not to grant a work diary exemption (notice), the Regulator must
have regard to the approved guidelines for granting work diary exemptions.
359—Conditions of work diary exemption (notice)
A work diary exemption (notice) may be subject to any conditions the Regulator
considers appropriate, including, for example—
(a)
conditions about recording information about the work to which the exemption
applies; and
(b) a
condition that the driver of a fatigue-regulated heavy vehicle who is
operating under the exemption must keep in the driver's possession a copy
of—
(i)
the Commonwealth Gazette notice for the exemption; or
(ii)
an information sheet about the exemption published by the
Regulator on the Regulator's website.
360—Period for which work diary exemption (notice) applies
A work diary exemption (notice)—
(a)
takes effect—
(i)
when the Commonwealth Gazette notice for the exemption is
published; or
(ii)
if a later time is stated in the Commonwealth Gazette
notice, at the later time; and
(b)
applies for the period stated in the Commonwealth Gazette notice.
361—Requirements about Commonwealth Gazette notice
(1) A Commonwealth
Gazette notice for a work diary exemption (notice) must state the following:
(a) the
class of work to which the exemption applies;
(b) that
drivers of fatigue-regulated heavy vehicles who carry out the class of work
are exempt from the requirement to comply with Subdivision 1 to
Subdivision 5 of Division 2 for the work;
(c) the
conditions of the exemption;
(d) the
period for which the exemption applies.
(2) The Regulator must
publish a copy of the Commonwealth Gazette notice on the Regulator's website.
362—Amendment or cancellation of work diary exemption (notice)
(1) It is a ground for
amending or cancelling a work diary exemption (notice) if, since the exemption
was granted, there has been a change in the circumstances that were relevant
to the Regulator's decision to grant the exemption and, had the changed
circumstances existed when the exemption was granted, the Regulator would not
have granted the exemption, or would have granted the exemption subject to
conditions or different conditions.
(2) If the Regulator
considers a ground exists to amend or cancel the work diary exemption
(notice), the Regulator may amend or cancel the exemption by complying with
subsections (3) to (5).
(3) The Regulator must
publish a public notice—
(a)
stating that the Regulator believes a ground exists to amend or cancel the
exemption; 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 the circumstances in which the Regulator may grant
the work diary exemption (notice) are no longer satisfied, the Regulator
may—
(a) if
the proposed action was to amend the exemption—amend the exemption in a
way that is not substantially different from the proposed action, including,
for example, by—
(i)
amending the class of work to which the exemption
applies; or
(ii)
amending the conditions of the exemption; or
(b) if
the proposed action was to cancel the exemption—
(i)
amend the exemption, including, for example, by amending
the exemption in a way mentioned in paragraph (a)(i) or (ii); or
(ii)
cancel the exemption.
(5) The Regulator must
publish a public notice of the amendment or cancellation.
(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.
Subdivision 3—Exemptions by permit
363—Regulator's power to exempt driver of fatigue-regulated heavy
vehicle from work diary requirement
(1) The Regulator may,
by giving a person a permit as mentioned in section 368, exempt, for a
period of not more than 3 years, a driver of a fatigue-regulated heavy
vehicle from the requirement to comply with Subdivision 1 to
Subdivision 5 of Division 2.
(2) An exemption under
subsection (1) is a work diary exemption (permit) .
364—Application for work diary exemption (permit)
(1) The driver of a
fatigue-regulated heavy vehicle who is working under standard hours may apply
to the Regulator for a work diary exemption (permit).
(2) The application
must—
(a) be
in the approved form; and
(b)
state the following:
(i)
the period for which the exemption is sought;
(ii)
any conditions for the exemption sought by the applicant;
and
(c)
nominate a person (the nominee ) to make written work records for the driver;
and
(d) be
accompanied by the nominee's written agreement to the nomination; and
(e) be
accompanied by the prescribed fee for the application.
(3) An employer of the
driver of a fatigue-regulated heavy vehicle may make an application under
subsection (1) on behalf of the driver.
(4) The Regulator may,
by notice given to the applicant, require the applicant to give the Regulator
any additional information the Regulator reasonably requires to decide the
application.
365—Restriction on grant of work diary exemption (permit)
(1) The Regulator may
grant a work diary exemption (permit) only if the Regulator is
satisfied—
(a) the
driver cannot make records in the driver's work diary because of the driver's
inadequate English literacy; and
(b) the
nominee for the driver will be able to make records that are no less complete
or accurate than records made under Subdivision 1 to Subdivision 5
of Division 2; and
(c) the
driver works only under standard hours.
(2) In deciding
whether or not to grant a work diary exemption (permit), the Regulator must
have regard to the approved guidelines for granting work diary exemptions.
(3) In this
section—
nominee , for the driver of a fatigue-regulated heavy vehicle, means the
person nominated, in the application for the work diary exemption (permit), by
the driver to make written work records for the driver.
366—Conditions of work diary exemption (permit)
(1) A work diary
exemption (permit) is subject to the condition that the driver to whom the
exemption applies must carry out all work as a driver of fatigue-regulated
heavy vehicles under standard hours only.
(2) A work diary
exemption (permit) may be subject to any other conditions the Regulator
considers appropriate, including, for example, conditions about—
(a) the
information to be included in records about the work carried out by the driver
of a fatigue-regulated heavy vehicle to whom the exemption applies; and
(b) how
the records are to be made.
367—Period for which work diary exemption (permit) applies
(1) A work diary
exemption (permit) applies for the period stated in the permit for the
exemption.
(2) The period may be
less than the period sought by the applicant for the work diary exemption
(permit).
368—Permit for work diary exemption (permit) etc
(1) If the Regulator
grants a work diary exemption (permit) to a person, the Regulator must give
the person—
(a) a
permit for the exemption; and
(b) if
the Regulator has imposed conditions on the exemption under section 366
or has granted the exemption for a period less than the period of not more
than 3 years sought by the person—an information notice for the
decision to impose the conditions or grant the exemption for the shorter
period.
(2) A permit for a
work diary exemption (permit) must state the following:
(a) the
name of the driver of a fatigue-regulated heavy vehicle to whom the permit is
given;
(b) the
name of the nominee for the driver;
(c) the
conditions of the exemption;
(d) the
period for which the exemption applies.
(3) In this
section—
nominee , for the driver of a fatigue-regulated heavy vehicle, means the
person nominated, in the application for the work diary exemption (permit), by
the driver to make written work records for the driver.
369—Refusal of application for work diary exemption (permit)
If the Regulator refuses an application for a work diary exemption (permit),
the Regulator must give the applicant an information notice for the decision
to refuse the application.
370—Amendment or cancellation of work diary exemption (permit) on
application by permit holder
(1) The holder of a
permit for a work diary exemption (permit) may apply to the Regulator for an
amendment or cancellation of the exemption.
(2) The application
must—
(a) be
in the approved form; and
(b) be
accompanied by the prescribed fee for the application; and
(c) if
the application is for an amendment—state clearly the amendment sought
and the reasons for the amendment; and
(d) if
the application is for an amendment of the person nominated by the holder to
make written work records for the holder—be accompanied by the nominee's
written agreement to the nomination; and
(e) be
accompanied by the permit.
(3) The Regulator may,
by notice given to the applicant, require the applicant to give the Regulator
any additional information the Regulator reasonably requires to decide the
application.
(4) The Regulator must
decide the application as soon as practicable after receiving it.
(5) If the Regulator
decides to grant the application—
(a) the
Regulator must give the applicant notice of the decision; and
(b) the
amendment or cancellation takes effect—
(i)
when notice of the decision is given to the applicant; or
(ii)
if a later time is stated in the notice, at the later
time; and
(c) if
the Regulator amends the exemption, the Regulator must give the applicant a
replacement permit for the exemption as amended.
(6) If the Regulator
decides not to amend or cancel the work diary exemption (permit), as sought by
the applicant, the Regulator must—
(a) give
the applicant an information notice for the decision; and
(b)
return the permit for the exemption to the applicant.
371—Amendment or cancellation of work diary exemption (permit) on
Regulator's initiative
(1) Each of the
following is a ground for amending or cancelling a work diary exemption
(permit):
(a) the
exemption was granted because of a document or representation that was—
(i)
false or misleading; or
(ii)
obtained or made in an improper way;
(b) the
person to whom the exemption is granted has contravened this Law or a
corresponding fatigue law;
(c) the
nominee has contravened a condition of the exemption;
(d)
since the exemption was granted, there has been a change in the circumstances
that were relevant to the Regulator's decision to grant the exemption and, had
the changed circumstances existed when the exemption was granted, the
Regulator would not have granted the exemption, or would have granted the
exemption subject to conditions or different conditions.
(2) If the Regulator
considers a ground exists to amend or cancel a work diary exemption (permit)
(the proposed action ), the Regulator must give the holder of the permit for
the exemption a notice—
(a)
stating the proposed action; and
(b)
stating the ground for the proposed action; and
(c)
outlining the facts and circumstances forming the basis for the ground; and
(d) if
the proposed action is to amend the exemption (including a condition of the
exemption)—stating the proposed amendment; and
(e)
inviting the holder to make, within a stated time of at least 14 days
after the notice is given to the holder, written representations about why the
proposed action should not be taken.
(3) If, after
considering all written representations made under subsection (2)(e), the
Regulator still considers a ground exists to take the proposed action, the
Regulator may—
(a) if
the proposed action was to amend the exemption—amend the exemption,
including, for example, by imposing additional conditions on the exemption, in
a way that is not substantially different from the proposed action; or
(b) if
the proposed action was to cancel the exemption—
(i)
amend the exemption, including, for example, by imposing
additional conditions on the exemption; or
(ii)
cancel the exemption.
(4) The Regulator must
give the holder an information notice for the decision.
(5) The amendment or
cancellation takes effect—
(a) when
the information notice is given to the holder; or
(b) if a
later time is stated in the information notice, at the later time.
(6) In this
section—
nominee , for the person to whom a work diary exemption (permit) is granted,
means the person stated in the permit for the exemption as the person
nominated by the person to make written work records for the person.
372—Minor amendment of work diary exemption (permit)
The Regulator may, by notice given to the holder of a permit for a work diary
exemption (permit), amend the exemption in a minor respect—
(a) for
a formal or clerical reason; or
(b) in
another way that does not adversely affect the holder's interests.
373—Return of permit
(1) If a person's work
diary exemption (permit) is amended or cancelled under this Subdivision, the
Regulator may, by notice given to the person, require the person to return the
person's permit for the exemption to the Regulator.
(2) The person must
comply with the notice within 7 days after the notice is given to the person
or, if a longer period is stated in the notice, within the longer period.
Maximum penalty: $6 000.
(3) If the exemption
has been amended, the Regulator must give the person a replacement permit for
the exemption as amended.
374—Replacement of defaced etc permit
(1) If a person's
permit for a work diary exemption (permit) is defaced, destroyed, lost or
stolen, the person must, as soon as reasonably practicable after becoming
aware of the matter, apply to the Regulator for a replacement permit.
Maximum penalty: $4 000.
(2) If the Regulator
is satisfied the permit has been defaced, destroyed, lost or stolen, the
Regulator must give the person a replacement permit as soon as practicable.
(3) If the Regulator
decides not to give a replacement permit to the person, the Regulator must
give the person an information notice for the decision.
Subdivision 4—Operating under work diary exemption
375—Contravening condition of work diary exemption
A person must not contravene a condition of a work diary exemption.
Maximum penalty: $6 000.
376—Keeping relevant document while operating under work diary exemption
(notice)
(1) This section
applies if a work diary exemption (notice) is subject to the condition that
the driver of a fatigue-regulated heavy vehicle who is operating under the
exemption must keep a relevant document in the driver's possession.
(2) A driver of the
fatigue-regulated heavy vehicle who is operating under the work diary
exemption (notice) must comply with the condition.
Maximum penalty: $3 000.
(3) Each relevant
party for a driver mentioned in subsection (2) must ensure the driver
complies with subsection (2), unless the relevant party has a reasonable
excuse.
Maximum penalty: $3 000.
(7) In this
section—
relevant document , for a work diary exemption (notice), means a copy
of—
(a) the
Commonwealth Gazette notice for the exemption; or
(b) an
information sheet about the exemption published by the Regulator on the
Regulator's website;
relevant party , for the driver of a fatigue-regulated heavy vehicle,
means—
(a) an
employer of the driver if the driver is an employed driver; or
(b) a
prime contractor of the driver if the driver is a self-employed driver; or
(c) an
operator of the vehicle if the driver is making a journey for the operator.
377—Keeping permit or copy while operating under work diary exemption
(permit)
The driver of a fatigue-regulated heavy vehicle who is operating under a work
diary exemption (permit) must keep the permit or a copy of the permit in the
driver's possession.
Maximum penalty: $3 000.
Division 10—Exemptions from fatigue record keeping requirements of
Division 3
Note—
In the Heavy Vehicle National Law set out in the Schedule to the
Heavy Vehicle National Law Act 2012 of Queensland, this Division is numbered
Division 8A.
Subdivision 1—Exemptions by Commonwealth Gazette notice
378—Regulator's power to exempt record keepers from fatigue record
keeping requirements
(1) The Regulator may,
by Commonwealth Gazette notice complying with section 381, exempt, for a
period of not more than 3 years, record keepers for drivers of
fatigue-regulated heavy vehicles carrying out a class of work from the
requirement to comply with all or stated provisions of Division 3 for the
work.
(2) An exemption under
subsection (1) is a fatigue record keeping exemption (notice) .
(3) In deciding
whether or not to grant a fatigue record keeping exemption (notice), the
Regulator must have regard to the approved guidelines for granting fatigue
record keeping exemptions.
379—Conditions of fatigue record keeping exemption (notice)
A fatigue record keeping exemption (notice)—
(a) is
subject to conditions prescribed by the national regulations for the
exemption; and
(b) may
be subject to any other conditions the Regulator considers appropriate,
including, for example—
(i)
conditions about recording information about the work to
which the exemption applies; and
(ii)
a condition that a record keeper for the driver of a
fatigue-regulated heavy vehicle who is operating under the exemption must keep
in the record keeper's possession—
(A) a copy of the Commonwealth Gazette
notice for the exemption; or
(B) a stated document or stated kind of
document relating to the exemption.
380—Period for which fatigue record keeping exemption (notice) applies
A fatigue record keeping exemption (notice)—
(a)
takes effect—
(i)
when the Commonwealth Gazette notice for the exemption is
published; or
(ii)
if a later time is stated in the Commonwealth Gazette
notice, at the later time; and
(b)
applies for the period stated in the Commonwealth Gazette notice.
381—Requirements about Commonwealth Gazette notice
(1) A Commonwealth
Gazette notice for a fatigue record keeping exemption (notice) must state the
following:
(a) the
class of work to which the exemption applies;
(b) that
record keepers for drivers of fatigue-regulated heavy vehicles who carry out
the class of work are exempt from the requirement to comply with all or stated
provisions of Division 3 for the work;
(c) the
conditions of the exemption;
(d) the
period for which the exemption applies.
(2) The Regulator must
publish a copy of the Commonwealth Gazette notice on the Regulator's website.
382—Amendment or cancellation of fatigue record keeping exemption
(notice)
(1) It is a ground for
amending or cancelling a fatigue record keeping exemption (notice) if, since
the exemption was granted, there has been a change in the circumstances that
were relevant to the Regulator's decision to grant the exemption and, had the
changed circumstances existed when the exemption was granted, the Regulator
would not have granted the exemption, or would have granted the exemption
subject to conditions or different conditions.
(2) If the Regulator
considers a ground exists to amend or cancel a fatigue record keeping
exemption (notice), the Regulator may amend or cancel the exemption by
complying with subsections (3) to (5).
(3) The Regulator must
publish a public notice—
(a)
stating that the Regulator believes a ground exists to amend or cancel the
exemption; 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 the circumstances in which the Regulator may grant
the fatigue record keeping exemption (notice) are no longer satisfied, the
Regulator may—
(a) if
the proposed action was to amend the exemption—amend the exemption in a
way that is not substantially different from the proposed action, including,
for example, by—
(i)
amending the class of work to which the exemption
applies; or
(ii)
amending the conditions of the exemption; or
(b) if
the proposed action was to cancel the exemption—
(i)
amend the exemption, including, for example, by amending
the exemption in a way mentioned in paragraph (a)(i) or (ii); or
(5) The Regulator must
publish a public notice of the amendment or cancellation.
(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.
Subdivision 2—Exemptions by permit
383—Regulator's power to exempt record keepers from fatigue record
keeping requirements
(1) The Regulator may,
by giving a person a permit as mentioned in section 387, exempt, for a
period of not more than 3 years, a record keeper for one or more drivers of a
fatigue-regulated heavy vehicle from the requirement to comply with all or
stated provisions of Division 3.
(2) An exemption under
subsection (1) is a fatigue record keeping exemption (permit) .
(3) The Regulator may
grant a fatigue record keeping exemption (permit) to the operator of a
fatigue-regulated heavy vehicle in combination with the operator's BFM
accreditation or AFM accreditation.
(4) The Regulator may
grant a fatigue record keeping exemption (permit)—
(a) in a
way that does not cover all the drivers sought by the applicant; or
(b)
setting conditions different from those sought by the applicant.
384—Application for fatigue record keeping exemption (permit)
(1) The record keeper
for a driver of a fatigue-regulated heavy vehicle may apply to the Regulator
for a fatigue record keeping exemption (permit).
(2) The application
must—
(a) be
in the approved form; and
(b)
state the following:
(i)
the period for which the exemption is sought;
(ii)
any conditions for the exemption sought by the applicant;
(iii)
the name and details of each driver of a
fatigue-regulated heavy vehicle to whom the exemption sought is to apply;
(iv)
any other details prescribed by the national regulations;
and
(c) be
accompanied by the prescribed fee for the application.
(3) The Regulator may,
by notice given to the applicant, require the applicant to give the Regulator
any additional information the Regulator reasonably requires to decide the
application.
(4) In deciding
whether or not to grant a fatigue record keeping exemption (permit), the
Regulator must comply with any requirements prescribed by the national
regulations for the purposes of this subsection and have regard to the
approved guidelines for granting fatigue record keeping exemptions.
385—Conditions of fatigue record keeping exemption (permit)
A fatigue record keeping exemption (permit)—
(a) is
subject to conditions prescribed by the national regulations for the
exemption; and
(b) may
be subject to any other conditions the Regulator considers appropriate,
including, for example—
(i)
a condition about the information to be included in
records about the work carried out by drivers of fatigue-regulated heavy
vehicles to whom the exemption applies; and
(ii)
a condition about how the records are to be made; and
(iii)
a condition that a record keeper for the driver of a
fatigue-regulated heavy vehicle who is operating under the exemption must keep
in the record keeper's possession—
(A) the permit for the exemption; or
(B) a stated document or stated kind of
document relating to the exemption.
386—Period for which fatigue record keeping exemption (permit) applies
(1) A fatigue record
keeping exemption (permit) applies for the period stated in the permit for the
exemption.
(2) The period may be
less than the period sought by the applicant for the fatigue record keeping
exemption (permit).
387—Permit for fatigue record keeping exemption (permit) etc
(1) If the Regulator
grants a fatigue record keeping exemption (permit) to a person, the Regulator
must give the person—
(a) a
permit for the exemption; and
(b) if
the Regulator has imposed conditions on the exemption under section 385
or has granted the exemption for a period less than the period of not more
than 3 years sought by the person—an information notice for the decision
to impose the conditions or grant the exemption for the shorter period.
(2) A permit for a
fatigue record keeping exemption (permit) must state the following:
(a) the
name of the drivers of fatigue-regulated heavy vehicles to whom the permit
applies;
(b) the
conditions of the exemption;
(c) the
period for which the exemption applies.
388—Refusal of application for fatigue record keeping exemption (permit)
If the Regulator refuses an application for a fatigue record keeping exemption
(permit), the Regulator must give the applicant an information notice for the
decision to refuse the application.
389—Amendment or cancellation of fatigue record keeping exemption
(permit) on application by permit holder
(1) The holder of a
permit for a fatigue record keeping exemption (permit) may apply to the
Regulator for an amendment or cancellation of the exemption.
(2) The application
must—
(a) be
in the approved form; and
(b) be
accompanied by the prescribed fee for the application; and
(c) if
the application is for an amendment—state clearly the amendment sought
and the reasons for the amendment; and
(d) be
accompanied by the permit.
(3) The Regulator may,
by notice given to the applicant, require the applicant to give the Regulator
any additional information the Regulator reasonably requires to decide the
application.
(4) The Regulator must
decide the application as soon as practicable after receiving it.
(5) If the Regulator
decides to grant the application—
(a) the
Regulator must give the applicant notice of the decision; and
(b) the
amendment or cancellation takes effect—
(i)
when notice of the decision is given to the applicant; or
(ii)
if a later time is stated in the notice, at the later
time; and
(c) if
the Regulator amended the exemption, the Regulator must give the applicant a
replacement permit for the exemption as amended.
(6) If the Regulator
decides not to amend or cancel the exemption as sought by the applicant, the
Regulator must—
(a) give
the applicant an information notice for the decision; and
(b)
return the permit for the exemption to the applicant.
390—Amendment or cancellation of fatigue record keeping exemption
(permit) on Regulator's initiative
(1) Each of the
following is a ground for amending or cancelling a fatigue record keeping
exemption (permit):
(a) the
exemption was granted because of a document or representation that was—
(i)
false or misleading; or
(ii)
obtained or made in an improper way;
(b) the
holder of the permit for the exemption has contravened this Law or a
corresponding fatigue law;
(c) a
driver of a fatigue-regulated heavy vehicle to whom the exemption applies has
contravened this Law or a corresponding fatigue law;
(d)
since the exemption was granted, there has been a change in the circumstances
that were relevant to the Regulator's decision to grant the exemption and, had
the changed circumstances existed when the exemption was granted, the
Regulator would not have granted the exemption, or would have granted the
exemption subject to conditions or different conditions.
(2) If the Regulator
considers a ground exists to amend or cancel a fatigue record keeping
exemption (permit) (the proposed action ), the Regulator must give the holder
of the permit for the exemption a notice—
(a)
stating the proposed action; and
(b)
stating the ground for the proposed action; and
(c)
outlining the facts and circumstances forming the basis for the ground; and
(d) if
the proposed action is to amend the exemption (including a condition of the
exemption)—stating the proposed amendment; and
(e)
inviting the holder to make, within a stated time of at least 14 days after
the notice is given to the holder, written representations about why the
proposed action should not be taken.
(3) If, after
considering all written representations made under subsection (2)(e), the
Regulator still considers a ground exists to take the proposed action, the
Regulator may—
(a) if
the proposed action was to amend the exemption—amend the exemption,
including, for example, by imposing additional conditions on the exemption, in
a way that is not substantially different from the proposed action; or
(b) if
the proposed action was to cancel the exemption—
(i)
amend the exemption, including, for example, by imposing
additional conditions on the exemption; or
(ii)
cancel the exemption.
(4) The Regulator must
give the holder an information notice for the decision.
(5) The amendment or
cancellation takes effect—
(a) when
the information notice is given to the holder; or
(b) if a
later time is stated in the information notice, at the later time.
391—Minor amendment of fatigue record keeping exemption (permit)
The Regulator may, by notice given to the holder of a permit for a fatigue
record keeping exemption (permit), amend the exemption in a minor
respect—
(a) for
a formal or clerical reason; or
(b) in
another way that does not adversely affect the holder's interests.
392—Return of permit
(1) If a person's
fatigue record keeping exemption (permit) is amended or cancelled, the
Regulator may, by notice given to the person, require the person to return the
person's permit for the exemption to the Regulator.
(2) The person must
comply with the notice within 7 days after the notice is given to the person
or, if a longer period is stated in the notice, within the longer period.
Maximum penalty: $6 000.
(3) If the exemption
has been amended, the Regulator must give the person a replacement permit for
the exemption as amended.
393—Replacement of defaced etc permit
(1) If a person's
permit for a fatigue record keeping exemption (permit) is defaced, destroyed,
lost or stolen, the person must, as soon as reasonably practicable after
becoming aware of the matter, apply to the Regulator for a replacement permit.
Maximum penalty: $4 000.
(2) If the Regulator
is satisfied the permit has been defaced, destroyed, lost or stolen, the
Regulator must give the person a replacement permit as soon as practicable.
(3) If the Regulator
decides not to give a replacement permit to the person, the Regulator must
give the person an information notice for the decision.
Subdivision 3—Exemptions by national regulations
394—Exemptions from provisions of Division 3
(1) The national
regulations may provide for the exemption of record keepers for drivers of
fatigue-regulated heavy vehicles from the requirement to comply with all or
stated provisions of Division 3.
(2) Without limiting
subsection (1), the national regulations may prescribe matters
about—
(a) one
or more classes of record keepers for which an exemption is to apply; and
(b) one
or more classes of drivers of fatigue-regulated heavy vehicles for which an
exemption is to apply; and
(c)
conditions to which an exemption is to be subject.
Subdivision 4—Other provisions
395—Contravening condition of fatigue record keeping exemption
A person must not contravene a condition of a fatigue record keeping
exemption.
Maximum penalty: $6 000.
Division 11—Requirements about odometers
Note—
In the Heavy Vehicle National Law set out in the Schedule to the
Heavy Vehicle National Law Act 2012 of Queensland, this Division is numbered
Division 9.
396—Owner must maintain odometer
(1) The national
regulations may require the fitting and maintenance of an odometer to a
fatigue-regulated heavy vehicle.
(2) An owner of a
fatigue-regulated heavy vehicle required by the national regulations to be
fitted with an odometer must maintain the odometer in accordance with the
requirements prescribed by the national regulations, unless the owner has a
reasonable excuse.
Maximum penalty: $6 000.
397—Driver must report malfunctioning odometer
(1) This section
applies if the driver of a fatigue-regulated heavy vehicle becomes aware or
has reason to suspect an odometer fitted to the vehicle is malfunctioning or
has malfunctioned.
(2) The driver must
inform the following persons of the matter within 2 business days:
(a) each
owner of the vehicle;
(b) the
driver's employer if the driver is an employed driver;
(c) each
operator of the vehicle.
Maximum penalty: $3 000.
(3)
Subsection (2) does not apply to the driver of a fatigue-regulated heavy
vehicle in relation to a malfunction of an odometer if another driver of the
vehicle has complied with the subsection in relation to the malfunction.
398—What owner must do if odometer malfunctioning
(1) This section
applies if an owner of a fatigue-regulated heavy vehicle is informed under
section 397 of malfunctioning or suspected malfunctioning of the
vehicle's odometer.
(2) The owner must, as
soon as reasonably practicable after being informed of the matter, ensure the
odometer is examined and brought into working order.
Maximum penalty: $6 000.
399—What employer or operator must do if odometer malfunctioning
(1) This section
applies if an employer of the driver of a fatigue-regulated heavy vehicle or
an operator of a fatigue-regulated heavy vehicle is informed under
section 397 of malfunctioning or suspected malfunctioning of the
vehicle's odometer.
(2) The employer or
operator must not, without a reasonable excuse, drive, or permit another
person to drive, the fatigue-regulated heavy vehicle unless the owner of the
vehicle has complied with section 398.
Maximum penalty: $6 000.
Chapter 7—Intelligent Access Program
Part 1—Preliminary
400—Main purposes of Chapter 7
(1) The main purposes
of this Chapter are—
(a) to
ensure the integrity of systems used for compliance with intelligent access
program conditions; and
(b) to
provide for appropriate collection, keeping and handling of intelligent access
program information.
(2) The purpose
mentioned in subsection (1)(a) is achieved by—
(a)
requiring particular entities to report relevant contraventions for
intelligent access program vehicles; and
(b)
requiring particular entities to report tampering or suspected tampering with,
or malfunctioning of, approved intelligent transport systems; and
(c)
prohibiting persons from tampering with approved intelligent transport
systems; and
(d)
giving particular entities functions and powers to audit the activities of
intelligent access program service providers.
(3) The purpose
mentioned in subsection (1)(b) is achieved by—
(a)
allowing entities to collect, hold, use and disclose intelligent access
program information for only limited purposes and subject to restrictions; and
(b)
requiring entities with monitoring or auditing functions to ensure intelligent
access program information collected is accurate, complete and up to date; and
(c)
requiring entities who collect intelligent access program information to
protect the information and destroy it when it is no longer required by the
entities; and
(d)
providing for persons about whom an entity holds personal information to have
access to the information and have it corrected in appropriate circumstances.
401—What the Intelligent Access Program is
The Intelligent Access Program is a program to allow heavy vehicles to have
access, or improved access, to the road network in return for monitoring, by
an intelligent transport system, of their compliance with stated access
conditions.
402—Application of Chapter 7
(1) This Chapter
applies in relation to a heavy vehicle for which a mass or dimension authority
is in force with the following conditions ( intelligent access program
conditions ):
(a) a
condition about the areas or routes to which the authority applies;
(b)
conditions about the use of a heavy vehicle on a road under the authority,
including, for example, conditions about one or more of the following:
(i)
the maximum permissible mass of the vehicle, or the
vehicle together with its load, while it is being used on the road under the
authority;
(ii)
the times when the vehicle may be used on the road under
the authority;
(iii)
the maximum speed at which the vehicle may be driven on
the road under the authority;
(c)
conditions that—
(i)
a heavy vehicle's compliance with the conditions
mentioned in paragraphs (a) and (b) is monitored by an approved
intelligent transport system used by an intelligent access program service
provider; and
(ii)
any noncompliance reports made by the system are sent to
the Regulator within a stated period.
(2) This Chapter also
applies in relation to a heavy vehicle for which an HML authority is in force
with the conditions (also intelligent access program conditions ) that—
(a)
either or both of the following is monitored by an approved intelligent
transport system used by an intelligent access program service provider:
(i)
the roads on which the vehicle is used under the higher
mass limits;
(ii)
the vehicle's compliance with conditions about the use of
a heavy vehicle on a road under the higher mass limits, including, for
example, conditions about one or more of the following:
(A) the times when the vehicle may be
driven on the road under the higher mass limits;
(B) the maximum speed at which the vehicle
may be driven on the road under the higher mass limits; and
(b) any
noncompliance reports made by the system are sent to the Regulator within a
stated period.
403—Definitions for Chapter 7
In this Chapter—
approved intelligent transport system means an intelligent transport system
approved by TCA, for the purposes of the Intelligent Access Program, for use
by an intelligent access program service provider to monitor the relevant
monitoring matters for an intelligent access program vehicle;
higher mass limits means the higher mass limits applying under the mass
requirements;
HML authority means a declaration made, or permit granted, under the national
regulations allowing a heavy vehicle to be used on a road under the higher
mass limits;
Intelligent Access Program has the meaning given in section 401;
intelligent access program agreement , means an agreement between the operator
of a heavy vehicle and an intelligent access program service provider under
which the service provider agrees to monitor, by using an approved intelligent
transport system, the relevant monitoring matters for the vehicle;
intelligent access program audit means the process of doing 1 or more of the
following:
(a)
reviewing intelligent access program information held by an intelligent access
program service provider to assess whether the information is accurate,
complete and up to date;
(b)
reviewing the processes by which intelligent access program information held
by an intelligent access program service provider is generated, recorded,
stored, displayed, analysed, transmitted and reported;
(c)
examining how intelligent access program information held by an intelligent
access program service provider is used and disclosed by the service provider;
(d)
examining an approved intelligent transport system;
intelligent access program conditions has the meaning given by
section 402;
intelligent access program information means information generated, recorded,
stored, displayed, analysed, transmitted or reported by an approved
intelligent transport system for any purpose relating to the Intelligent
Access Program;
intelligent access program service provider means a person certified by TCA as
a service provider for monitoring, by using an approved intelligent transport
system, the relevant monitoring matters for an intelligent access program
vehicle;
intelligent access program vehicle means a heavy vehicle—
(a) for
which a mass or dimension exemption is in force with intelligent access
program conditions (as referred to in section 402(1)); or
(b) for
which an HML authority is in force with intelligent access program conditions
(as referred to in section 402(2));
law enforcement purposes means the purposes of investigating or prosecuting an
offence against an Australian road law;
malfunction , in relation to an approved intelligent transport system, means
the system—
(a)
ceases to work at all, or works only intermittently; or
(b) does
not perform one or more functions required under the Intelligent Access
Program; or
(c)
performs a function mentioned in paragraph (b)—
(i)
only intermittently; or
(ii)
in a way that the results of it doing so are inaccurate
or unreliable, including intermittently inaccurate or unreliable;
noncompliance report means a report made by an approved intelligent transport
system that reports either or both of the following:
(a) a
relevant contravention for an intelligent access program vehicle;
(b)
apparent tampering with, or malfunctioning of, the system;
personal information means personal information that is intelligent access
information or otherwise collected for the purposes of this Chapter;
Note—
See also definition personal information in section 5.
relevant contravention means—
(a) for
an intelligent access program vehicle used under a mass or dimension
exemption—the vehicle's contravention of conditions mentioned in
section 402(1)(a) or (b) applying to the vehicle; or
(b) for
an intelligent access program vehicle used under the higher mass limits—
(i)
the vehicle's use under the higher mass limits on a road
to which the higher mass limits do not apply; or
(ii)
the vehicle's contravention of a condition about the use
of the vehicle on a road under the higher mass limits;
relevant monitoring matters means—
(a) for
a heavy vehicle used under a mass or dimension exemption—the vehicle's
compliance with conditions mentioned in section 402(1)(a) or (b) applying
to the vehicle; or
(b) for
a heavy vehicle used under the higher mass limits—the matters mentioned
in section 402(2)(a)(i) or (ii) for the vehicle;
tamper , with an approved intelligent transport system, means engage in
conduct that has the result that—
(a) the
system is changed; or
(b) the
system is installed or used in a way that is not in accordance with the
conditions of its approval by TCA; or
(c) any
operating software that the system uses internally is changed.
Part 2—Duties and obligations of operators of intelligent access
program vehicles
404—Offence to give false or misleading information to intelligent
access service provider
(1) The operator of an
intelligent access program vehicle commits an offence if—
(a) the
operator gives information to an intelligent access program service provider
with whom the operator has entered into an intelligent access program
agreement for the vehicle; and
(b) the
information is relevant to the use of the vehicle; and
(c) the
operator knows, or ought reasonably to know, the information is false or
misleading.
Maximum penalty: $10 000.
Note—
See section 632 for the matters a court may consider when deciding
whether a person ought reasonably to have known something.
(2)
Subsection (1) does not apply if the operator gives the information in
writing and, when giving the information—
(a)
tells the intelligent access program service provider, to the best of the
operator's ability, how it is false or misleading; and
(b) if
the operator has, or can reasonably obtain, the correct
information—gives the correct information in writing.
(3) Without limiting
subsection (1)(b), information about the intelligent access program
conditions applying to an intelligent access program vehicle is relevant to
the use of the vehicle.
(4) The operator of a
heavy vehicle commits an offence if—
(a) the
operator gives information to an intelligent access program service provider;
and
(b) the
operator intends that the intelligent access program service provider will
enter into an intelligent access program agreement with the operator in
reliance on the information; and
(c) the
operator knows, or ought reasonably to know, the information is false or
misleading.
Maximum penalty: $10 000.
Note—
See section 632 for the matters a court may consider when deciding
whether a person ought reasonably to have known something.
(5)
Subsection (4) does not apply if the operator gives the information in
writing and, when giving the information—
(a)
tells the intelligent access program service provider, to the best of the
operator's ability, how it is false or misleading; and
(b) if
the operator has, or can reasonably obtain, the correct
information—gives the correct information in writing.
(6) In a proceeding
for an offence against subsection (1) or (4), it is enough for a charge
to state that the information given was 'false or misleading' to the
operator's knowledge, without specifying whether it was false or whether it
was misleading.
405—Advising vehicle driver of collection of information by intelligent
access service provider
(1) The operator of an
intelligent access program vehicle must, unless the operator has a reasonable
excuse, ensure the vehicle's driver is given the following information before
the vehicle begins a journey:
(a) that
the vehicle will be monitored by an intelligent access program service
provider;
(b) that
this Chapter provides for the collection of information by the intelligent
access program service provider;
(c) the
information that will be collected by the intelligent access program service
provider;
(d) the
purposes for which the information will be collected;
(e) the
entities to whom the information collected may be disclosed;
(f)
that, under this Chapter, the driver has rights of access to personal
information or to have personal information changed to ensure it is accurate,
complete and up to date;
(g) how
the rights mentioned in paragraph (f) can be exercised;
(h) the
name and address of the intelligent access program service provider.
Maximum penalty: $6 000.
(2) The operator of an
intelligent access program vehicle is taken to comply with subsection (1)
if the operator—
(a)
gives the intelligent access program vehicle's driver a notice stating the
information mentioned in the subsection, including, for example, by placing it
in the vehicle's driving cabin in a clearly visible position; or
(b)
includes the information mentioned in the subsection in a written contract of
employment between the operator and the intelligent access program vehicle's
driver.
(3) The national
regulations may prescribe—
(a) a
form of notice that may be used under subsection (2)(a); and
(b) for
subsection (2)(b), a standard form of words that may be used as part of a
written contract of employment.
406—Reporting system malfunctions to Regulator
(1) If an operator of
an intelligent access program vehicle becomes aware that a part of an approved
intelligent transport system fitted to the vehicle is malfunctioning or has
malfunctioned, the operator must as soon as practicable report the matter to
the Regulator in person or by radio, telephone, fax or email.
Maximum penalty: $6 000.
(2) The operator must
keep, for at least 4 years, a written record of a report of a malfunction
under subsection (1), containing the following particulars:
(a) the
type of malfunction to which the report relates;
(b) the
date and time the operator became aware of the malfunction;
(c) the
location of the vehicle when the operator became aware of the malfunction;
(d) the
date and time the report was made;
(e) the
location of the vehicle when the report was made;
(f) the
way, in person or by radio, telephone, fax or email, that the report was made;
(g) the
name of the operator or, if someone else made the report on behalf of the
operator, the name of the person who made the report;
(h) the
name of the individual to whom the report was made.
Maximum penalty: $6 000.
407—Advising driver of driver's obligations about reporting system
malfunctions
(1) The operator of an
intelligent access program vehicle, before the vehicle begins a journey, must,
unless the operator has a reasonable excuse, ensure the vehicle's driver is
told—
(a)
about the vehicle driver's obligation under section 408; and
(b) how
the vehicle's driver can make the reports required by that obligation.
Maximum penalty: $6 000.
(2) The operator of an
intelligent access program vehicle is taken to comply with subsection (1)
if the operator—
(a)
gives the vehicle's driver a notice stating the information mentioned in the
subsection, including, for example, by placing it in the vehicle's driving
cabin in a clearly visible position; or
(b)
includes the information mentioned in the subsection in a written contract of
employment between the operator and the vehicle's driver.
(3) The national
regulations may prescribe—
(a) a
form of notice that may be used under subsection (2)(a); and
(b) for
the purposes of subsection (2)(b), a standard form of words that may be
used as part of a written contract of employment.
Part 3—Obligations of drivers of intelligent access program
vehicles
408—Reporting system malfunctions to operator
(1) If the driver of
an intelligent access program vehicle becomes aware that a part of an approved
intelligent transport system fitted to the vehicle is malfunctioning or has
malfunctioned, the driver must as soon as practicable report the malfunction
to the vehicle's operator in person or by radio, telephone, fax or email.
Maximum penalty: $6 000.
(2) The driver must
keep, for at least 4 years, a written record of a report of a malfunction
under subsection (1), containing the following particulars:
(a) the
type of malfunction to which the report relates;
(b) the
date and time the driver became aware of the malfunction;
(c) the
location of the vehicle when the driver became aware of the malfunction;
(d) the
date and time the report was made;
(e) the
location of the vehicle when the report was made;
(f) the
way, in person or by radio, telephone, fax or email, that the report was made;
(g) the
driver's name;
(h) the
name of the individual to whom the report was made.
Maximum penalty: $6 000.
(3)
Subsection (1) does not apply to the driver of a heavy vehicle in
relation to a malfunction of a part of an approved intelligent transport
system if another driver of the vehicle has complied with the subsection in
relation to the malfunction.
Part 4—Powers, duties and obligations of intelligent access program
service providers
409—Powers to collect and hold intelligent access program information
An intelligent access program service provider may collect and hold
intelligent access program information for monitoring the relevant monitoring
matters for an intelligent access program vehicle.
410—Collecting intelligent access information
(1) An intelligent
access program service provider must ensure, so far as is reasonably
practicable, the intelligent access program information the service provider
collects—
(a) is
necessary for the purpose for which it is collected or a directly related
purpose; and
(b) is
not excessive for that purpose; and
(c) is
accurate, complete and up to date.
Maximum penalty: $6 000.
(2) An intelligent
access program service provider must ensure, so far as is reasonably
practicable, the collection of intelligent access program information by the
service provider does not intrude to an unreasonable extent on the personal
privacy of any individual to whom the information relates.
Maximum penalty: $6 000.
411—Keeping records of intelligent access program information collected
(1) An intelligent
access program service provider must keep, in a way complying with
subsection (2), records of the intelligent access program information
collected by the service provider.
Maximum penalty: $6 000.
(2) Records kept under
subsection (1) must be organised in a way that allows the records to be
conveniently and properly audited by an intelligent access program auditor.
412—Protecting intelligent access program information
An intelligent access program service provider must ensure, so far as is
reasonably practicable, intelligent access program information collected by
the service provider is protected against unauthorised access, unauthorised
use, misuse, loss, modification or unauthorised disclosure.
Maximum penalty: $20 000.
413—Making individuals aware of personal information held
(1) An intelligent
access program service provider must prepare, and make publicly available, a
document setting out the service provider's policies on the management of
personal information held by the service provider.
Examples of how a document is made publicly available—
• making a
document available at the service provider's office
• making a
document available on the service provider's website
Maximum penalty: $6 000.
(2) If asked by an
individual about whom an intelligent access program service provider holds
personal information, the service provider must, within 28 days after
receiving the request, give the individual the following information if the
service provider can reasonably give the information:
(a) the
kind of information the service provider holds about the individual;
(b) the
purpose for which the information is held;
(c) the
way in which the service provider collects, holds, uses and discloses the
information;
(d) the
entities to whom the information may be disclosed;
(e)
that, under this Chapter, the individual has rights of access to the
information or to have the information changed to ensure it is accurate,
complete and up to date;
(f) how
the rights mentioned in paragraph (e) can be exercised.
Maximum penalty: $6 000.
(3) Subsection (2)
does not require an intelligent access program service provider to inform an
individual that a report under section 422 or 423 exists or has been
made.
414—Giving individuals access to their personal information
(1) An intelligent
access program service provider must, if asked by an individual about whom the
service provider holds personal information, give the individual access to the
information as soon as practicable and without cost.
Maximum penalty: $6 000.
(2) Subsection (1)
does not require an intelligent access program service provider to give an
individual access to a report made under section 422 or 423 or
information showing that a report of that kind exists or has been made.
415—Correcting errors etc
(1) This section
applies if an individual about whom an intelligent access program service
provider holds personal information asks the service provider to make a
particular change to the personal information.
(2) The intelligent
access program service provider must make the change if the service provider
is satisfied the change is appropriate to ensure the personal information is
accurate, complete and up to date.
Maximum penalty: $6 000.
(3) If the intelligent
access program service provider is not satisfied as mentioned in
subsection (2), the service provider may refuse to comply with the
request.
(4) If, under
subsection (3), an intelligent access program service provider refuses to
comply with an individual's request under subsection (1), the service
provider must—
(a) give
the individual a notice stating—
(i)
the service provider's reasons for refusing; and
(ii)
that the individual may ask the service provider to
attach to or include with the personal information the individual's request or
a record of it; and
(b) if
asked by the individual, attach to or include with the personal information
the request or a record of the request.
Maximum penalty: $6 000.
416—General restriction on use and disclosure of intelligent access
program information
An intelligent access program service provider must not use or disclose
intelligent access program information other than as required or authorised
under this Law or another law.
Maximum penalty: $20 000.
417—Giving intelligent access program auditor access to records
An intelligent access program service provider must give an intelligent access
program auditor access to a record kept by the service provider for the
purposes of this Chapter.
Maximum penalty: $6 000.
418—Powers to use and disclose intelligent access program information
(1) An intelligent
access program service provider may use intelligent access program information
for monitoring the relevant monitoring matters for an intelligent access
program vehicle.
(2) An intelligent
access program service provider may disclose intelligent access program
information to the Regulator for compliance purposes.
(3) An intelligent
access program service provider may disclose intelligent access program
information to—
(a) an
authorised officer, other than a police officer, for law enforcement purposes
if so authorised by a warrant issued under this Law; or
(b) an
authorised officer who is a police officer, for law enforcement purposes if so
authorised by a warrant issued under this Law or another law.
(4) If an intelligent
access program service provider discloses intelligent access program
information to an authorised officer or a police officer under this section,
the officer must not use the information, or disclose it to any other person,
unless—
(a) the
officer believes the use or disclosure is reasonably necessary for law
enforcement purposes; or
(b) the
use or disclosure is otherwise authorised under this Law or any other law.
(5) An intelligent
access program service provider may disclose intelligent access program
information about an operator of an intelligent access program vehicle to the
operator.
(6) Subsection (5)
does not apply to the following:
(a) a
noncompliance report about an intelligent access program vehicle operated by
the operator;
(b)
information that a noncompliance report has been made about an intelligent
access program vehicle operated by the operator;
(c)
information disclosed under the authority of a warrant as referred to in
subsection (3).
(7) An intelligent
access program service provider may, with the written consent of an operator
of an intelligent access program vehicle, disclose intelligent access program
information about the operator to a person other than the operator for any
purpose if the information—
(a) does
not identify any individual other than the operator; and
(b)
contains nothing by which the identity of any individual, other than the
operator, can reasonably be found out.
(8) An intelligent
access program service provider may use or disclose intelligent access program
information that is personal information with the written consent of the
individual to whom the personal information relates.
(9) This section is
subject to section 424.
419—Keeping record of use or disclosure of intelligent access program
information
(1) If an intelligent
access program service provider uses or discloses intelligent access program
information, the service provider must, within 7 days after the use or
disclosure, make a record of the use or disclosure that—
(a)
contains the information mentioned in subsection (2); and
(b) is
in a form that ensures the record is readily accessible by an intelligent
access program auditor at the place where it is kept.
Maximum penalty: $6 000.
(2) The record must
contain the following information:
(a) the
intelligent access program service provider's name or, if someone else used or
disclosed the intelligent access program information on behalf of the service
provider, the name of the person who used or disclosed the intelligent access
program information;
(b) the
date of the use or disclosure;
(c) for
a use of intelligent access program information by or on behalf of the
intelligent access program service provider, a brief description of how the
information was used;
(d) for
a disclosure of intelligent access program information by or on behalf of the
intelligent access program service provider, the entity to whom the
information was disclosed;
(e) the
provision of this Law or another law the intelligent access program service
provider believes authorises the use or disclosure;
(f) if
the use or disclosure is authorised only under a particular document
(including, for example, a warrant, a certificate or a consent), a copy of the
document.
(3) An intelligent
access program service provider must keep a record made under this section for
at least 2 years.
Maximum penalty: $6 000.
420—Keeping noncompliance report
(1) This section
applies if a noncompliance report is made by an approved intelligent transport
system operated by an intelligent access program service provider.
(2) The intelligent
access program service provider must keep the following for at least
4 years after the noncompliance report is made:
(a) a
copy of the report;
(b) the
information relied on to make the report.
Example of information that could be relied on to make a noncompliance
report—
GPS information about a vehicle's position at a particular time
Maximum penalty: $6 000.
421—Destroying intelligent access program information
(1) An intelligent
access program service provider must ensure, so far as is reasonably
practicable—
(a)
intelligent access program information collected by the service provider is
destroyed 1 year after the information is collected; and
(b) a
record that the service provider is required to keep under section 419 is
destroyed within 1 year after the service provider is no longer required
to keep the record under that section.
Maximum penalty: $6 000.
(2) This section does
not apply to a noncompliance report or information the intelligent service
provider is required to keep under section 420.
422—Reporting relevant contraventions to Regulator
(1) This section
applies if an intelligent access program service provider knows of a relevant
contravention for an intelligent access program vehicle.
(2) The intelligent
access program service provider must, within 7 days, give the Regulator a
report about the relevant contravention in the approved form.
Maximum penalty: $6 000.
(3) For the purposes
of subsection (1), an intelligent access program service provider is
taken to know of a relevant contravention for an intelligent access program
vehicle if the service provider's approved intelligent transport system has
detected the contravention.
423—Reporting tampering or suspected tampering with approved intelligent
transport system
(1) If an intelligent
access program service provider knows, or has reasonable grounds to suspect,
an approved intelligent transport system has been tampered with, the service
provider must report the matter to the Regulator—
(a)
within 7 days; and
(b) in
the approved form.
Maximum penalty: $6 000.
(2) If an intelligent
access program service provider knows, or has reasonable grounds to suspect, a
back-office intelligent transport system has been tampered with, the service
provider must report the matter to TCA—
(a)
within 7 days; and
(b) in
the approved form.
Maximum penalty: $6 000.
(3) For the purposes
of subsections (1) and (2), an intelligent access program service
provider does not know, or have reasonable grounds to suspect, an approved
intelligent transport system or back-office intelligent transport system has
been tampered with merely because the service provider has—
(a)
accessed a report made by the system (including a noncompliance report)
indicating that apparent tampering with the system has been detected
electronically; or
(b)
analysed information generated by the system.
(4) In this
section—
back-office intelligent transport system means that part of an approved
intelligent transport system that is not fitted, and is not intended to be
fitted, to an intelligent access program vehicle.
424—Restriction on disclosing information about tampering or suspected
tampering with approved intelligent transport system
(1) If an intelligent
access program service provider knows, or has reasonable grounds to suspect,
an approved intelligent transport system has been tampered with, the service
provider must not disclose to any entity (other than the Regulator and TCA)
the following:
(a)
information that the service provider has that knowledge or suspicion;
(b)
information from which it could reasonably be inferred that the service
provider has that knowledge or suspicion.
Maximum penalty: $6 000.
(2) For the purposes
of subsection (1), an intelligent access program service provider does
not know, or have reasonable grounds to suspect, an approved intelligent
transport system has been tampered with merely because the service provider
has—
(a)
accessed a report made by the system (including a noncompliance report)
indicating that apparent tampering with the system has been detected
electronically; or
(b)
analysed information generated by the system.
(3) If an intelligent
access program service provider has made a report to the Regulator under
section 423(1) of apparent or suspected tampering, the service provider
must not disclose to any entity (other than the Regulator) the following:
(a)
information that the report has been made;
(b)
information from which it could reasonably be inferred that the service
provider has made the report.
Maximum penalty: $6 000.
(4) If an intelligent
access program service provider has made a report to TCA under
section 423(2) of apparent or suspected tampering, the service provider
must not disclose to any entity (other than the Regulator and TCA) the
following:
(a)
information that the report has been made;
(b)
information from which it could reasonably be inferred that the service
provider has made the report.
Maximum penalty: $6 000.
(5)
Subsection (1), (3) or (4) does not apply if the disclosure of the
information to which the subsection applies is authorised under another law.
Part 5—Functions, powers, duties and obligations of TCA
425—Functions of TCA
(1) TCA has the
following functions for the purposes of this Chapter:
(a)
approving, and cancelling the approval of, intelligent transport systems for
use by intelligent access program service providers to monitor the relevant
monitoring matters for an intelligent access program vehicle;
(b)
managing the certification and audit regime for the Intelligent Access
Program;
(c)
certifying and auditing, and cancelling the certification of, intelligent
access program service providers;
(d)
engaging individuals, consultants and contractors to assist TCA in the
exercise of its auditing activities.
(2) An approval,
certification or engagement under subsection (1) may be given or made
unconditionally or subject to stated conditions imposed or varied from time to
time.
426—Powers to collect and hold intelligent access program information
TCA may collect and hold intelligent access program information—
(a) for
the exercise of its functions mentioned in section 425; or
(b) for
law enforcement purposes.
427—Collecting intelligent access program information
(1) TCA must ensure,
so far as is reasonably practicable, the intelligent access program
information it collects—
(a) is
necessary for the purpose for which it is collected or a directly related
purpose; and
(b) is
not excessive for that purpose; and
(c) is
accurate, complete and up to date.
Maximum penalty: $6 000.
(2) TCA must ensure,
so far as is reasonably practicable, the collection of intelligent access
program information by it does not intrude to an unreasonable extent on the
personal privacy of any individual to whom the information relates.
Maximum penalty: $6 000.
428—Protecting intelligent access program information collected
TCA must ensure, so far as is reasonably practicable, intelligent access
program information collected by TCA is protected against unauthorised access,
unauthorised use, misuse, loss, modification or unauthorised disclosure.
Maximum penalty: $20 000.
429—Making individuals aware of personal information held
(1) TCA must prepare,
and make publicly available, a document setting out its policies on the
management of personal information held by it.
Examples of how a document is made publicly available—
• making a
document available at TCA's office
• making a
document available on TCA's website
Maximum penalty: $6 000.
(2) If asked by an
individual about whom TCA holds personal information, TCA must, within
28 days after receiving the request, give the individual the following
information if it can reasonably give the information:
(a) the
kind of information it holds about the individual;
(b) the
purpose for which the information is held;
(c) the
way in which it collects, holds, uses and discloses the information;
(d) the
entities to whom the information may be disclosed;
(e)
that, under this Chapter, the individual has rights of access to the
information or to have the information changed to ensure it is accurate,
complete and up to date;
(f) how
the rights mentioned in paragraph (e) can be exercised.
Maximum penalty: $6 000.
(3) Subsection (2)
does not require TCA to inform an individual that a report under
section 422, 423, 438, 451 or 452 exists or has been made.
430—Giving individuals access to their personal information
(1) TCA must, if asked
by an individual about whom TCA holds personal information, give the
individual access to the information as soon as practicable and without cost.
Maximum penalty: $6 000.
(2) Subsection (1)
does not require TCA to give an individual access to a report made under
section 422, 423, 438, 451 or 452 or information showing that a report of
that kind exists or has been made.
431—Correcting errors etc
(1) This section
applies if an individual about whom TCA holds personal information asks TCA to
make a particular change to the personal information.
(2) TCA must make the
change if it is satisfied the change is appropriate to ensure the personal
information is accurate, complete and up to date.
Maximum penalty: $6 000.
(3) If TCA is not
satisfied as mentioned in subsection (2), it may refuse to comply with
the request.
(4) If TCA refuses,
under subsection (3), to comply with an individual's request, it must
give the individual a notice stating—
(a)
TCA's reasons for refusing; and
(b) that
the individual may ask TCA to attach to or include with the personal
information the individual's request or a record of it.
(5) If an individual
referred to in subsection (4) asks TCA to do so, it must attach to or
include with the personal information the request or a record of the request.
Maximum penalty: $6 000.
432—General restriction on use and disclosure of intelligent access
program information
TCA must not use or disclose intelligent access program information other than
as required or authorised under this Law or another law.
Maximum penalty: $20 000.
433—Powers to use and disclose intelligent access program information
(1) TCA may use or
disclose intelligent access program information—
(a) for
the exercise of its functions mentioned in section 425; or
(b) for
law enforcement purposes.
(2) TCA may disclose
intelligent access program information to the Regulator if it is satisfied the
information is relevant to the Regulator's functions under this Law.
(3) TCA may disclose
intelligent access program information to an intelligent access program
auditor if it is satisfied the information is relevant to an intelligent
access program audit the auditor is conducting.
(4) TCA may disclose
intelligent access program information relating to a particular operator of an
intelligent access program vehicle to the operator.
(5) TCA may, with the
written consent of an operator of an intelligent access program vehicle,
disclose intelligent access program information about the operator to a person
other than the operator for any purpose if the information—
(a) does
not identify any individual other than the operator; and
(b)
contains nothing by which the identity of any individual, other than the
operator, can reasonably be found out.
(6) TCA may use or
disclose intelligent access program information for research purposes if the
information contains no personal information.
(7) TCA may use or
disclose intelligent access program information that is personal information
with the written consent of the individual to whom the personal information
relates.
(8) This section is
subject to section 439.
434—Restriction about intelligent access program information that may be
used or disclosed
TCA must not use or disclose intelligent access program information unless TCA
is reasonably satisfied, having regard to the purpose for which the
information is to be used or disclosed, the information is accurate, complete
and up to date.
Maximum penalty: $6 000.
435—Keeping record of use or disclosure of intelligent access program
information
(1) If TCA uses or
discloses intelligent access program information, TCA must, within 7 days
after the use or disclosure, make a record of the use or disclosure that
—
(a)
contains the information mentioned in subsection (2); and
(b) is
in a form that ensures the record is readily accessible by an authorised
officer at the place where it is kept.
Maximum penalty: $6 000.
(2) The record must
contain the following information:
(a) the
name of the person who used or disclosed the intelligent access program
information on behalf of TCA;
(b) the
date of the use or disclosure;
(c) for
a use of intelligent access program information by or on behalf of TCA, a
brief description of how the information was used;
(d) for
a disclosure of intelligent access program information by or on behalf of TCA,
the entity to whom the information was disclosed;
(e) the
provision of this Law or another law TCA believes authorises the use or
disclosure;
(f) if
the use or disclosure is authorised only with a particular document
(including, for example, a warrant, a certificate or a consent), a copy of the
document.
(3) TCA must keep a
record made under this section for at least 2 years.
Maximum penalty: $6 000.
436—Keeping noncompliance reports
TCA must keep any noncompliance report received by it for at least
4 years after its receipt.
Maximum penalty: $6 000.
437—Destroying intelligent access program information or removing
personal information from it
(1) TCA must ensure,
so far as is reasonably practicable, intelligent access program information
collected by TCA is destroyed—
(a)
generally—1 year after the information is collected; or
(b) if,
at the end of that 1 year, the information is required for law enforcement
purposes—as soon as practicable after the information is no longer
required for law enforcement purposes.
Maximum penalty: $6 000.
(2) TCA is taken to
have complied with subsection (1) for intelligent access program
information if it permanently removes anything by which an individual can be
identified from the information.
(3) This section does
not apply to a noncompliance report TCA is required to keep under
section 436.
438—Reporting tampering or suspected tampering with, or malfunction or
suspected malfunction of, approved intelligent transport system to Regulator
(1) If TCA knows, or
has reasonable grounds to suspect, an approved intelligent transport system
has been tampered with or has malfunctioned, TCA must report the matter to the
Regulator within 7 days.
Maximum penalty: $6 000.
(2) For the purposes
of subsection (1), TCA does not know, or have reasonable grounds to
suspect, an approved intelligent transport system has been tampered with or
has malfunctioned merely because it has—
(a)
accessed a report made by the system (including a noncompliance report)
indicating that apparent tampering with, or malfunctioning of, the system has
been detected electronically; or
(b)
analysed information generated by the system.
439—Restriction on disclosing information about tampering or suspected
tampering with approved intelligent transport system
(1) If TCA knows, or
has reasonable grounds to suspect, an approved intelligent transport system
has been tampered with, TCA must not disclose the following to any entity
other than the Regulator:
(a)
information that TCA has that knowledge or suspicion;
(b)
information from which it could reasonably be inferred that TCA has that
knowledge or suspicion.
Maximum penalty: $6 000.
(2) For the purposes
of subsection (1), TCA does not know or have reasonable grounds to
suspect an approved intelligent transport system has been tampered with merely
because it has—
(a)
accessed a report made by the system (including a noncompliance report)
indicating that apparent tampering with the system has been detected
electronically; or
(b)
analysed information generated by the system.
(3) If TCA has made a
report of apparent or suspected tampering to the Regulator under
section 438, TCA must not disclose to any entity other than the Regulator
the following:
(a)
information that the report has been made;
(b)
information from which it could reasonably be inferred that TCA has made the
report.
Maximum penalty: $6 000.
(4) Subsection (1) or
(3) does not apply if the disclosure of the information to which the
subsection applies is authorised under another law.
Part 6—Powers, duties and obligations of intelligent access program
auditors
440—Powers to collect and hold intelligent access program information
An intelligent access program auditor may collect and hold intelligent access
program information for conducting an intelligent access program audit.
441—Collecting intelligent access information
(1) An intelligent
access program auditor must ensure, so far as is reasonably practicable,
intelligent access program information the auditor collects—
(a) is
necessary for the purpose for which it is collected or a directly related
purpose; and
(b) is
not excessive for that purpose; and
(c) is
accurate, complete and up to date.
Maximum penalty: $6 000.
(2) An intelligent
access program auditor must ensure, so far as is reasonably practicable, the
collection of intelligent access program information by the auditor does not
intrude to an unreasonable extent on the personal privacy of any individual to
whom the information relates.
Maximum penalty: $6 000.
442—Protecting intelligent access program information collected
An intelligent access program auditor must ensure, so far as is reasonably
practicable, intelligent access program information collected by the auditor
is protected against unauthorised access, unauthorised use, misuse, loss,
modification or unauthorised disclosure.
Maximum penalty: $20 000.
443—Making individuals aware of personal information held
(1) If asked by an
individual about whom an intelligent access program auditor holds personal
information, the auditor must, within 28 days after receiving the
request, give the individual the following information if the auditor can
reasonably give the information:
(a) the
kind of information the auditor holds about the individual;
(b) the
purpose for which the information is held;
(c) the
entities to whom the information may be disclosed;
(d)
that, under this Chapter, the individual has rights of access to the
information or to have the information changed to ensure it is accurate,
complete and up to date;
(e) how
the rights mentioned in paragraph (d) can be exercised.
Maximum penalty: $6 000.
(2) Subsection (1)
does not require an intelligent access program auditor to inform an individual
that a report under section 422, 423, 438, 451 or 452 exists or has been
made.
444—Giving individuals access to their personal information
(1) An intelligent
access program auditor must, if asked by an individual about whom the auditor
holds personal information, give the individual access to the information as
soon as practicable and without cost.
Maximum penalty: $6 000.
(2) Subsection (1)
does not require an intelligent access program auditor to give an individual
access to a report made under section 422, 423, 438, 451 or 452.
445—Correcting errors etc
(1) This section
applies if an individual about whom an intelligent access program auditor
holds personal information asks the auditor to make a particular change to the
personal information.
(2) The intelligent
access program auditor must make the change if the auditor is satisfied the
change is appropriate to ensure the personal information is accurate, complete
and up to date.
Maximum penalty: $6 000.
(3) If the intelligent
access program auditor is not satisfied as mentioned in subsection (2),
the auditor may refuse to comply with the request.
(4) If, under
subsection (3), an intelligent access program auditor refuses to comply
with an individual's request, the auditor must—
(a) give
the individual a notice stating—
(i)
the auditor's reasons for refusing; and
(ii)
that the individual may ask the auditor to attach to or
include with the personal information the individual's request or a record of
it; and
(b) if
asked by the individual, attach to or include with the personal information
the request or a record of the request.
Maximum penalty: $6 000.
446—General restriction on use and disclosure of intelligent access
program information
An intelligent access program auditor must not use or disclose intelligent
access program information other than as required or authorised under this Law
or another law.
Maximum penalty: $20 000.
447—Powers to use and disclose intelligent access program information
(1) An intelligent
access program auditor may use and disclose intelligent access program
information for—
(a)
conducting an intelligent access program audit; or
(b)
reporting, to TCA, any of the following:
(i)
a relevant contravention for an intelligent access
program vehicle;
(ii)
tampering or suspected tampering with an approved
intelligent transport system by an operator of an intelligent access program
vehicle;
(iii)
tampering or suspected tampering with an approved
intelligent transport system by an intelligent access program service
provider;
(iv)
a failure by an intelligent access program service
provider to comply with the service provider's obligations under this Chapter.
(2) An intelligent
access program auditor may disclose intelligent access program information to
the Regulator if the auditor is reasonably satisfied the information is
relevant to the Regulator's functions under this Law.
(3) An intelligent
access program auditor may disclose intelligent access program information to
TCA if the auditor is reasonably satisfied the information is relevant to
TCA's functions under this Chapter.
(4) An intelligent
access program auditor may disclose intelligent access program information
relating to a particular operator of an intelligent access program vehicle to
the operator.
(5) An intelligent
access program auditor may use and disclose intelligent access program
information that is personal information with the written consent of the
individual to whom the personal information relates.
(6) This section is
subject to section 453.
448—Restriction about intelligent access program information that may be
used or disclosed
An intelligent access program auditor must not use or disclose intelligent
access program information unless the auditor is reasonably satisfied, having
regard to the purpose for which the information is to be used or disclosed,
the information is accurate, complete and up to date.
Maximum penalty: $6 000.
449—Keeping record of use or disclosure of intelligent access program
information
(1) If an intelligent
access program auditor uses or discloses intelligent access program
information, the auditor must, within 7 days after the use or disclosure,
make a record of the use or disclosure that—
(a)
contains the information mentioned in subsection (2); and
(b) is
in a form that ensures the record is readily accessible by an authorised
officer at the place where it is kept.
Maximum penalty: $6 000.
(2) The record must
contain the following information:
(a) the
intelligent access program auditor's name or, if someone else used or
disclosed the intelligent access program information on behalf of the auditor,
the name of the person who used or disclosed the intelligent access program
information;
(b) the
date of the use or disclosure;
(c) for
a use of intelligent access program information by or on behalf of the
auditor, a brief description of how the information was used;
(d) for
a disclosure of intelligent access program information by or on behalf of the
auditor, the entity to whom the information was disclosed;
(e) the
provision of this Law or another law the auditor believes authorises the use
or disclosure;
(f) if
the use or disclosure is authorised only under a particular document
(including, for example, a warrant, a certificate or a consent), a copy of the
document.
Maximum penalty: $6 000.
(3) An intelligent
access program auditor must keep a record made under this section for at least
2 years.
Maximum penalty: $6 000.
450—Destroying intelligent access program information or removing
personal information from it
(1) An intelligent
access program auditor must ensure, so far as is reasonably practicable,
intelligent access program information held by the auditor is destroyed as
soon as practicable after the information is no longer needed for an
intelligent access program audit conducted by the auditor.
Maximum penalty: $6 000.
(2) An intelligent
access program auditor is taken to have complied with subsection (1) for
intelligent access program information if the auditor permanently removes
anything by which an individual can be identified from the information.
451—Reporting contraventions by intelligent access program service
providers to TCA
If an intelligent access program auditor knows, or has reasonable grounds to
suspect, an intelligent access program service provider has contravened an
obligation under this Chapter, the auditor must, as soon as practicable,
report the matter to TCA.
Maximum penalty: $6 000.
452—Reporting tampering or suspected tampering with approved intelligent
transport system to Regulator or TCA
If an intelligent access program auditor knows, or has reasonable grounds to
suspect, an approved intelligent transport system has been tampered with, the
auditor must, as soon as practicable, report the matter—
(a) for
tampering or suspected tampering by an operator of an intelligent access
program vehicle—to the Regulator; or
(b) for
tampering or suspected tampering by an intelligent access program service
provider—to TCA.
Maximum penalty: $6 000.
453—Restriction on disclosing information about tampering or suspected
tampering with approved intelligent transport system
(1) If an intelligent
access program auditor knows, or has reasonable grounds to suspect, an
approved intelligent transport system has been tampered with, the auditor must
not disclose the following to any entity other than the Regulator or TCA:
(a)
information that the auditor has that knowledge or suspicion;
(b)
information from which it could reasonably be inferred that the auditor has
that knowledge or suspicion.
Maximum penalty: $6 000.
(2) If an intelligent
access program auditor has made a report to the Regulator or TCA under
section 452 of apparent or suspected tampering, the auditor must not
disclose the following to any entity other than the Regulator or TCA:
(a)
information that the report has been made;
(b)
information from which it could reasonably be inferred that the auditor has
made the report.
Maximum penalty: $6 000.
(3) Subsection (1) or
(2) does not apply if the disclosure of the information to which the
subsection applies is authorised under another law.
Part 7—Other provisions
454—Offence to tamper with approved intelligent transport system
(1) A person commits
an offence if—
(a) the
person tampers with an approved intelligent transport system; and
(b) the
person does so with the intention of causing the system to—
(i)
fail to generate, record, store, display, analyse,
transmit or report intelligent access program information; or
(ii)
fail to generate, record, store, display, analyse,
transmit or report intelligent access program information correctly.
Maximum penalty: $10 000.
(2) A person commits
an offence if—
(a) the
person tampers with an approved intelligent transport system; and
(b) the
person is negligent or reckless as to whether, as a result of the tampering,
the system may—
(i)
fail to generate, record, store, display, analyse,
transmit or report intelligent access program information; or
(ii)
fail to generate, record, store, display, analyse,
transmit or report intelligent access program information correctly.
Maximum penalty: $8 000.
(3) In this
section—
fail —
(a)
means does not perform as intended in relation to accuracy, timeliness,
reliability, verifiability or any other performance requirement or standard;
and
(b)
includes fail permanently, fail temporarily, fail on a particular occasion and
fail in particular circumstances.
455—Regulator may issue intelligent access program identifiers
(1) The Regulator may
issue a distinguishing number for an intelligent access program vehicle that
indicates the vehicle is an intelligent access program vehicle (an intelligent
access program identifier ).
(2) The intelligent
access program identifier may consist of numbers or letters or a combination
of numbers and letters.
(3) If an intelligent
access program identifier is, or becomes, known to an entity that has the
ability to associate it with a particular individual, the entity must treat
the identifier as personal information for the purposes of this Chapter or a
law relating to privacy.
Part 1—Preliminary
456—Purpose of Chapter 8
The purpose of accreditation under this Law is to allow operators of heavy
vehicles who implement management systems that achieve the objectives of
particular aspects of this Law to be subject to alternative requirements under
this Law, in relation to the aspects, that are more suited to the operators'
business operations.
457—Definitions for Chapter 8
In this Chapter—
AFM fatigue management system , for an operator of a fatigue-related heavy
vehicle, means the operator's management system for ensuring compliance with
the AFM standards and business rules, including by—
(a)
recording the name, current driver licence number and contact details of each
driver who is currently operating under the operator's AFM accreditation; and
(b)
ensuring each of the drivers is in a fit state—
(i)
to safely perform required duties; and
(ii)
to meet any specified medical requirements; and
(c)
ensuring each of the drivers—
(i)
has been inducted into the system; and
(ii)
has been informed of the AFM hours applying under the
operator's AFM accreditation; and
(d)
ensuring anyone employed in the operator's business, who has responsibilities
relating to scheduling or managing the fatigue of the drivers—
(i)
has been inducted into the system; and
(ii)
has been informed of the AFM hours applying under the
operator's AFM accreditation;
AFM standards and business rules means the standards and business rules for
advanced fatigue management approved by the responsible Ministers;
Note—
A copy of the AFM standards and business rules is published on the Regulator's
website.
approved , by the responsible Ministers, means approved by the responsible
Ministers under section 654;
approved auditor means an auditor of a class approved by the responsible
Ministers;
Note—
Details of the approved classes are published on the Regulator's website.
BFM fatigue management system , for an operator of a fatigue-related heavy
vehicle, means the operator's management system for ensuring compliance with
the BFM standards and business rules, including by—
(a)
recording the name, current driver licence number and contact details of each
driver who is currently operating under the operator's BFM accreditation; and
(b)
ensuring each of the drivers is in a fit state—
(i)
to safely perform required duties; and
(ii)
to meet any specified medical requirements; and
(c)
ensuring each of the drivers—
(i)
has been inducted into the system; and
(ii)
has been informed of the BFM hours; and
(d)
ensuring anyone employed in the operator's business, who has responsibilities
relating to scheduling or managing the fatigue of the drivers—
(i)
has been inducted into the system; and
(ii)
has been informed of the BFM hours;
BFM standards and business rules means the standards and business rules for
basic fatigue management approved by the responsible Ministers;
Note—
A copy of the BFM standards and business rules is published on the Regulator's
website.
maintenance management standards and business rules means the standards and
business rules for heavy vehicle maintenance management approved by the
responsible Ministers;
Note—
A copy of the maintenance management standards and business rules is published
on the Regulator's website.
maintenance management system , for an operator of a heavy vehicle, means the
operator's management system for ensuring compliance with the maintenance
management standards and business rules, including by—
(a)
identifying each heavy vehicle currently being operated in accordance with the
management system; and
(b) for
each heavy vehicle being operated in accordance with the management system,
having measures for the following:
(i)
daily checks of the condition of the vehicle, and its
components and equipment, for each day on which the vehicle is driven on a
road;
(ii)
recording and reporting vehicle faults;
(iii)
identifying, assessing and rectifying all identified
faults;
(iv)
periodic maintenance of the vehicle; and
(c)
keeping records relating to the operation of the management system;
mass management standards and business rules means the standards and business
rules for heavy vehicle mass management approved by the responsible Ministers;
Note—
A copy of the mass management standards and business rules is published on the
Regulator's website.
mass management system , for an operator of a heavy vehicle, means the
operator's management system for ensuring compliance with the mass management
standards and business rules, including by—
(a)
identifying each heavy vehicle currently being operated in accordance with the
management system; and
(b) for
each heavy vehicle being operated in accordance with the management system,
having measures for the following:
(i)
weighing or otherwise assessing the weight of the vehicle
and its load before the vehicle starts a journey, or starts a part of a
journey, after the load is increased;
(ii)
recording each measurement made under
subparagraph (i) in a form that allows the record to be readily available
for inspection by an approved auditor;
(iii)
ensuring the vehicle's suspension system accords with the
specifications given by its manufacturer or a qualified mechanical engineer;
and
(c)
keeping records relating to the operation of the management system;
relevant management system means—
(a) for
maintenance management accreditation—a maintenance management system; or
(b) for
mass management accreditation—a mass management system; or
(c) for
BFM accreditation—a BFM fatigue management system; or
(d) for
AFM accreditation—an AFM fatigue management system;
relevant standards and business rules means—
(a) for
maintenance management accreditation—the maintenance management
standards and business rules; or
(b) for
mass management accreditation—the mass management standards and business
rules; or
(c) for
BFM accreditation—the BFM standards and business rules; or
(d) for
AFM accreditation—the AFM standards and business rules.
Part 2—Grant of heavy vehicle accreditation
458—Regulator's power to grant heavy vehicle accreditation
The Regulator may grant heavy vehicle accreditation.
459—Application for heavy vehicle accreditation
(1) An operator of a
heavy vehicle may apply to the Regulator for heavy vehicle accreditation under
this Law.
(2) The application
must be—
(a) in
the approved form; and
(b)
accompanied by the following:
(i)
a statement by the applicant that the applicant has a
relevant management system for ensuring compliance with the relevant standards
and business rules;
(ii)
a statement from an approved auditor that the auditor
considers the applicant's relevant management system will ensure compliance
with the relevant standards and business rules;
(iii)
any other information required for the application under
the relevant standards and business rules;
(iv)
the prescribed fee for the application.
(3) The application
must also be accompanied by a declaration by the applicant, declared to be
made after having exercised reasonable diligence to find out the following
information, of the applicant's knowledge of that information:
(a)
whether, in the 5 years immediately before the application was made, the
applicant or an associate of the applicant has been convicted of any of the
following offences and, if so, details of the conviction:
(i)
an offence against this Law or a previous corresponding
law;
(ii)
an offence involving fraud or dishonesty punishable on
conviction by imprisonment of 6 months or more, whether committed in this
jurisdiction or elsewhere;
(b)
whether the applicant or an associate of the applicant has had the applicant's
or associate's accreditation under this Chapter or a previous corresponding
law, amended, suspended or cancelled under this Chapter or that law and, if
so, details of the amendment, suspension or cancellation.
(4) Subsection (3)(b)
does not require the applicant to declare information about an amendment,
suspension or cancellation of an accreditation that happened because of a
conviction if the operator is not required to declare the information about
the conviction under subsection (3)(a).
(5) The Regulator may,
by notice given to the applicant, require the applicant—
(a) to
give the Regulator any additional information the Regulator reasonably
requires to decide the application; or
(b) to
verify by statutory declaration any information relating to the application
given to the Regulator.
460—Obtaining criminal history information about applicant
(1) The Regulator may,
by notice, ask an applicant for heavy vehicle accreditation under this Law for
written consent for the Regulator to obtain the applicant's prescribed
criminal history.
(2) If the applicant
does not consent, or withdraws his or her consent, to the Regulator obtaining
the applicant's prescribed criminal history, the application is taken to have
been withdrawn.
(3) If the applicant
gives written consent to the Regulator obtaining the applicant's prescribed
criminal history, the Regulator may ask a police commissioner for a written
report about the applicant's prescribed criminal history.
(4) The request may
include the following:
(a) the
applicant's name and any other name the Regulator believes the applicant may
use or may have used;
(b) the
applicant's date and place of birth, gender and address.
(5) The police
commissioner must give the requested report to the Regulator.
(6) In this
section—
prescribed criminal history , of an applicant for heavy vehicle accreditation
under this Law, means information about each conviction of the applicant,
within the 5 years immediately before the application was made, of—
(a) an
offence against this Law or a previous corresponding law; or
(b) an
offence involving fraud or dishonesty punishable on conviction by imprisonment
of 6 months or more, whether committed in this jurisdiction or elsewhere.
461—Restriction on grant of heavy vehicle accreditation
(1) The Regulator may
grant an applicant heavy vehicle accreditation only if the Regulator is
satisfied—
(a) the
applicant has in place a relevant management system for operations to be
carried out under the accreditation; and
(b) the
applicant is able to comply with this Law, having regard to—
(i)
the information provided to the Regulator under this
Part; and
(ii)
the matters to which the Regulator may or must have
regard under subsection (4); and
(c) the
applicant is a suitable person to be granted the accreditation, having regard
to—
(i)
the information provided to the Regulator under this
Part; and
(ii)
the matters to which the Regulator may or must have
regard under subsection (4); and
(d) for
AFM accreditation—
(i)
the driver fatigue management practices stated in the
applicant's AFM fatigue management system, together with the maximum work
times and minimum rest times that are to apply to drivers operating under the
accreditation would, if complied with, safely manage the risk of driver
fatigue; and
(ii)
the applicant and drivers operating under the
accreditation are likely to follow the driver fatigue management practices
consistently and effectively; and
(iii)
the drivers operating under the accreditation are likely
to comply with the maximum work times and minimum rest times that are to apply
to the drivers under the accreditation.
(2) In considering the
maximum work times and minimum rest times that are to apply to drivers
operating under an AFM accreditation, the Regulator—
(a) must
be satisfied the maximum work times and minimum rest times appear to provide a
safe balance between work, rest, risk management and fatigue countermeasures;
and
(b) must
not set maximum work times and minimum rest times the Regulator considers
would be unsafe, having regard to the applicant's AFM fatigue management
system and any relevant body of fatigue knowledge.
(3) The Regulator may
grant an AFM accreditation setting maximum work times and minimum rest times
different to the maximum work times and minimum rest times sought by the
applicant.
(4) In deciding an
application for a heavy vehicle accreditation, the Regulator—
(a) may
have regard to anything the Regulator considers relevant including—
(i)
the results of any audits carried out on the applicant's
relevant management system; and
(ii)
for assessing an applicant's AFM fatigue management
system—any relevant body of fatigue knowledge; and
(b) must
have regard to the approved guidelines for granting heavy vehicle
accreditations under this Law.
462—Conditions of heavy vehicle accreditation
(1) A heavy vehicle
accreditation granted under this Law is subject to the condition that the
operator who holds the accreditation must comply with the relevant standards
and business rules.
(2) A heavy vehicle
accreditation granted under this Law may be subject to any other conditions
the Regulator considers appropriate, including, for example—
(a) a
condition that a named person cannot operate under the operator's
accreditation for a stated period; and
(b) a
condition that a named employee or associate of the operator cannot be
involved in the operator's relevant management system at all or for a stated
period; and
(c) a
condition requiring additional records to be kept, and audits to be performed,
to ensure practices (for example, driver fatigue management practices)
applying under the accreditation are followed consistently and effectively.
463—Period for which heavy vehicle accreditation applies
(1) A heavy vehicle
accreditation granted under this Law applies for the period stated in the
accreditation certificate for the accreditation.
(2) The period may be
less than the period sought by the applicant for the heavy vehicle
accreditation.
(3) The maximum period
for which the Regulator may grant heavy vehicle accreditation is 3 years.
464—Accreditation certificate for heavy vehicle accreditation etc
(1) If the Regulator
grants a heavy vehicle accreditation under this Law to an operator of a heavy
vehicle, the Regulator must give the operator—
(a) an
accreditation certificate in the approved form; and
(b) if
prescribed circumstances apply to the grant of the accreditation—an
information notice for the prescribed circumstances.
(2) An accreditation
certificate for a heavy vehicle accreditation must state the following:
(a) the
name of the operator who has been granted the accreditation;
(b) the
number identifying the accreditation;
(c) any
conditions imposed on the accreditation by the Regulator;
(d) for
an AFM accreditation, the maximum work times and minimum rest times that apply
to drivers of fatigue-regulated heavy vehicles operating under the
accreditation;
(e) the
period for which the accreditation applies.
(3) In this
section—
prescribed circumstances , for a heavy vehicle accreditation, means the
Regulator has—
(a)
imposed a condition on the accreditation that was not sought by the applicant
for the accreditation; or
(b)
granted the accreditation for a period less than the period of not more than
3 years sought by the applicant for the accreditation; or
(c) for
AFM accreditation, granted the AFM accreditation setting maximum work times
and minimum rest times different to the maximum work times and minimum rest
times sought by the applicant for the accreditation.
465—Refusal of application for heavy vehicle accreditation
If the Regulator refuses an application for heavy vehicle accreditation, the
Regulator must give the applicant an information notice for the decision to
refuse the application.
466—Accreditation labels for maintenance management accreditation and
mass management accreditation
(1) If the Regulator
grants maintenance management accreditation or mass management accreditation
to an operator of a heavy vehicle, the Regulator must give the operator an
accreditation label for each relevant vehicle for the accreditation.
(2) If the operator
amends the relevant management system to identify a new relevant vehicle for
the accreditation—
(a) the
operator may ask the Regulator for an accreditation label for the new relevant
vehicle; and
(b) the
Regulator must give the accreditation label to the operator.
(2a) The operator must
attach the accreditation label for a relevant vehicle to the vehicle in a way
that the label—
(a) is
readable from outside the vehicle; and
(b) is
not wholly or partly obscured, defaced or otherwise not legible.
Maximum penalty: $3 000.
(2b) A person must not
drive a relevant vehicle if the vehicle's accreditation label—
(a) is
not attached to the vehicle; or
(b) is
attached to the vehicle in a way that the label is wholly or partly obscured,
defaced or otherwise not legible.
Maximum penalty: $3 000.
(3) In this
section—
accreditation label , for a relevant vehicle for a maintenance management
accreditation or mass management accreditation, means a label stating the
number identifying the accreditation for attaching to the vehicle;
relevant vehicle , for a maintenance management accreditation or mass
management accreditation, means a vehicle identified in the relevant
management system as currently being operated in accordance with the
management system.
Part 3—Operating under heavy vehicle accreditation
467—Compliance with conditions of BFM accreditation or AFM accreditation
The holder of a BFM accreditation or AFM accreditation must comply with the
conditions of the accreditation.
Maximum penalty: $6 000.
468—Driver operating under BFM accreditation or AFM accreditation must
carry accreditation details
(1) The driver of a
heavy vehicle who is operating under a BFM accreditation or AFM accreditation
must keep in the driver's possession—
(a) a
copy of the accreditation certificate for the accreditation; and
(b) a
document, signed by the operator of the vehicle who holds the accreditation,
stating that the driver—
(i)
is operating under the operator's heavy vehicle
accreditation; and
(ii)
has been inducted into the operator's relevant management
system; and
(iii)
meets the requirements relating to drivers operating
under the operator's heavy vehicle accreditation (if any); and
(c) for
a driver operating under AFM accreditation, a document stating the AFM hours
applying under the accreditation.
Example for the purposes of paragraph (c)—
The driver records a statement of the AFM hours applying under the AFM
accreditation in the driver's electronic work diary (which is a document).
Maximum penalty: $3 000.
(2)
Subsection (1) applies even if the driver and operator are the same
person.
(3) The operator of
the vehicle must ensure the driver complies with subsection (1), unless
the operator has a reasonable excuse.
Maximum penalty: $3 000.
469—Driver must return particular documents if stops operating under BFM
accreditation or AFM accreditation etc
(1) This section
applies if—
(a) the
driver of a heavy vehicle is operating under a BFM accreditation or AFM
accreditation; and
(b) the
operator of the heavy vehicle has given the driver a document for the purposes
of section 468(1); and
(c) the
driver—
(i)
stops operating under the operator's BFM accreditation or
AFM accreditation; or
(ii)
no longer meets the requirements relating to drivers
operating under the operator's BFM accreditation or AFM accreditation (if
any).
(2) The driver must
return the document to the operator as soon as reasonably practicable.
Maximum penalty: $4 000.
470—General requirements applying to operator with heavy vehicle
accreditation
(1) This section
applies to an operator of a heavy vehicle who holds a heavy vehicle
accreditation.
(2) If the
accreditation is BFM accreditation or AFM accreditation, the operator must
ensure each driver who operates under the accreditation—
(a) is
inducted into the operator's relevant management system; and
(b) at
all times, meets the requirements relating to drivers operating under the
accreditation (if any).
Maximum penalty: $6 000.
(3) If the
accreditation is AFM accreditation, the operator must also ensure each driver
who operates under the accreditation is informed of the AFM hours applying
under the accreditation.
Maximum penalty: $6 000.
(a) the
accreditation certificate for the operator's heavy vehicle accreditation; and
(b) if
the operator's heavy vehicle accreditation is BFM accreditation or AFM
accreditation—
(i)
a current list of drivers operating under the operator's
accreditation; and
(ii)
records demonstrating the operator has complied
with—
(A) if the operator's heavy vehicle
accreditation is BFM accreditation—subsection (2); or
(B) if the operator's heavy vehicle
accreditation is AFM accreditation—subsections (2) and (3);
and
(c) if
the operator's heavy vehicle accreditation is mass management accreditation or
maintenance management accreditation—a current list of heavy vehicles to
which the operator's accreditation relates.
Maximum penalty: $6 000.
(5) The operator must
keep a document required to be kept under subsection (4) for the
following period:
(a) for
an accreditation certificate—while the operator's heavy vehicle
accreditation is current;
(b) for
each list or record made under subsection (4)(b) or (c)—at
least 3 years after the list or record is made.
Maximum penalty: $6 000.
(6) The operator must
keep a document required to be kept under subsection (4) in a way that
ensures it is—
(a)
readily accessible by an authorised officer at the place where the document is
kept; and
(b)
reasonably capable of being understood by the authorised officer; and
(c)
capable of being used as evidence.
Maximum penalty: $3 000.
(7) The Regulator may,
by notice, require the operator to give the Regulator, in the form and within
the time required by the Regulator—
(a) a
copy of the list mentioned in subsection (4)(b)(i) or (c); and
(b)
details of any change to the list.
(8) The operator must
comply with a requirement made under subsection (7), unless the operator
has a reasonable excuse.
Maximum penalty: $3 000.
(9)
Subsection (4) to (6) do not apply in relation to—
(a) an
accreditation certificate given to the Regulator under section 472 or
476, unless the Regulator has returned it or given the operator a replacement
accreditation certificate; or
(b) an
accreditation certificate that has been defaced, destroyed, lost or stolen,
unless the Regulator has given the operator a replacement accreditation
certificate.
Note—
See section 477 for the requirement to apply to the Regulator for a
replacement accreditation certificate for a defaced, destroyed, lost or stolen
accreditation certificate.
471—Operator must give notice of amendment, suspension or ending of
heavy vehicle accreditation
(1) This section
applies if—
(a) an
operator of a heavy vehicle holds a heavy vehicle accreditation; and
(b) the
accreditation is amended or suspended, or the operator ceases to hold the
accreditation.
(2) The operator must
as soon as practicable after the amendment, suspension or cessation happens
give notice of the amendment, suspension or cessation to any driver of, or
scheduler for, a heavy vehicle who may be affected by the amendment,
suspension or cessation.
Maximum penalty: $6 000.
(3) If the driver of a
heavy vehicle is given a notice under subsection (2), the driver must, as
soon as reasonably practicable, return to the operator any document relevant
to the notice given to the driver by the operator for the purposes of
section 468(1).
Maximum penalty: $4 000.
Part 4—Amendment or cancellation of heavy vehicle accreditation
472—Amendment or cancellation of heavy vehicle accreditation on
application
(1) A person may apply
to the Regulator for an amendment or cancellation of the person's heavy
vehicle accreditation granted under this Law.
(2) The application
must—
(a) be
in writing; and
(b) be
accompanied by the prescribed fee for the application; and
(c) if
the application is for an amendment—state clearly the amendment sought
and the reasons for the amendment; and
(d) be
accompanied by the accreditation certificate for the accreditation.
(3) The Regulator may,
by notice given to the applicant, require the applicant to give the Regulator
any additional information the Regulator reasonably requires to decide the
application.
(4) The Regulator must
decide the application as soon as practicable after receiving it.
(5) If the Regulator
decides to grant the application—
(a) the
Regulator must give the applicant notice of the decision; and
(b) the
amendment or cancellation takes effect—
(i)
when notice of the decision is given to the applicant; or
(ii)
if a later time is stated in the notice, at the later
time; and
(c) if
the Regulator amended the accreditation, the Regulator must give the applicant
a replacement accreditation certificate for the accreditation as amended.
(6) If the Regulator
decides not to amend or cancel the accreditation as sought by the applicant,
the Regulator must—
(a) give
the applicant an information notice for the decision; and
(b)
return the accreditation certificate to the applicant.
473—Amendment, suspension or cancellation of heavy vehicle accreditation
on Regulator's initiative
(1) Each of the
following is a ground for amending, suspending or cancelling a heavy vehicle
accreditation granted under this Law:
(a) the
accreditation was granted because of a document or representation that
was—
(i)
false or misleading; or
(ii)
obtained or made in an improper way;
(b) the
holder of the accreditation has contravened a condition of the accreditation;
(c) the
holder of the accreditation, or an associate of the holder, has been convicted
of—
(i)
an offence against this Law or a previous corresponding
law; or
(ii)
an offence involving fraud or dishonesty punishable on
conviction by imprisonment of 6 months or more, whether committed in this
jurisdiction or elsewhere;
(d)
since the accreditation was granted, there has been a change in the
circumstances that were relevant to the Regulator's decision to grant the
accreditation and, had the changed circumstances existed when the
accreditation was granted, the Regulator would not have granted the
accreditation, or would have granted the accreditation subject to conditions
or different conditions;
(e) for
a maintenance management accreditation or mass management accreditation—
(i)
public safety has been endangered, or is likely to be
endangered, because of the accreditation; or
(ii)
road infrastructure has been damaged, or is likely to be
damaged, because of the accreditation;
(f) for
a BFM accreditation or AFM accreditation—public safety has been
endangered, or is likely to be endangered, because of the accreditation;
(g) the
Regulator considers it necessary in the public interest.
(2) If the Regulator
considers a ground exists to amend, suspend or cancel a heavy vehicle
accreditation granted under this Law (the proposed action ), the Regulator
must give the holder of the accreditation a notice—
(a)
stating the proposed action; and
(b)
stating the ground for the proposed action; and
(c)
outlining the facts and circumstances forming the basis for the ground; and
(d) if
the proposed action is to amend the accreditation (including a condition of
the accreditation)—stating the proposed amendment; and
(e) if
the proposed action is to suspend the accreditation—stating the proposed
suspension period; and
(f)
inviting the holder to make, within a stated time of at least 14 days
after the notice is given to the holder, written representations about why the
proposed action should not be taken.
(3) If, after
considering all written representations made under subsection (2)(f), the
Regulator still considers a ground exists to take the proposed action, the
Regulator may—
(a) if
the proposed action was to amend the accreditation—amend the
accreditation, including, for example, by imposing additional conditions on
the accreditation, in a way that is not substantially different from the
proposed action; or
(b) if
the proposed action was to suspend the accreditation—suspend the
accreditation for no longer than the period stated in the notice; or
(c) if
the proposed action was to cancel the accreditation—
(i)
amend the accreditation, including, for example, by
imposing additional conditions on the accreditation; or
(ii)
suspend the accreditation for a period; or
(iii)
cancel the accreditation.
(4) The Regulator must
give the holder an information notice for the decision.
(5) The decision takes
effect—
(a) when
the information notice is given to the holder; or
(b) if a
later time is stated in the information notice, at the later time.
474—Immediate suspension of heavy vehicle accreditation
(1) This section
applies if the Regulator considers—
(a) a
ground exists to suspend or cancel a heavy vehicle accreditation granted under
this Law; and
(b) it
is necessary to suspend the accreditation immediately to prevent or minimise
serious harm to public safety.
(2) The Regulator may,
by notice given to the holder, immediately suspend the heavy vehicle
accreditation until the earliest of the following:
(a) the
Regulator gives the holder an information notice under section 473(4) and
the decision takes effect under section 473(5);
(b) the
Regulator cancels the suspension;
(c) the
end of 56 days after the day the notice is given to the holder.
(3) This section
applies despite sections 472 and 473.
475—Minor amendment of heavy vehicle accreditation
The Regulator may, by notice given to the holder of a heavy vehicle
accreditation granted under this Law, amend the accreditation in a minor
respect—
(a) for
a formal or clerical reason; or
(b) in
another way that does not adversely affect the holder's interests.
Part 5—Other provisions about heavy vehicle accreditations
476—Return of accreditation certificate
(1) If a person's
heavy vehicle accreditation granted under this Law is amended, suspended or
cancelled, the Regulator may, by notice, require the person to return the
person's accreditation certificate to the Regulator.
(2) The person must
comply with the notice within 7 days after the notice is given to the
person or, if a longer period is stated in the notice, within the longer
period.
Maximum penalty: $6 000.
(3) If the heavy
vehicle accreditation has been amended, the Regulator must give the person a
replacement accreditation certificate for the accreditation as amended.
(4) If the heavy
vehicle accreditation has been suspended, the Regulator must give the person
the accreditation certificate for the accreditation or, if the accreditation
has also been amended, a replacement accreditation certificate for the
accreditation as amended, as soon as practicable after the suspension ends.
477—Replacement of defaced etc accreditation certificate
(1) If a person's
accreditation certificate for a heavy vehicle accreditation granted under this
Law is defaced, destroyed, lost or stolen, the person must, as soon as
reasonably practicable after becoming aware of the matter, apply to the
Regulator for a replacement accreditation certificate.
Maximum penalty: $4 000.
Note—
See section 470 for the requirement to keep an accreditation certificate
for a heavy vehicle accreditation while the accreditation is current.
(2) If the Regulator
is satisfied the accreditation certificate has been defaced, destroyed, lost
or stolen, the Regulator must give the person a replacement accreditation
certificate as soon as practicable.
(3) If the Regulator
decides not to give the person a replacement accreditation certificate, the
Regulator must give the person an information notice for the decision.
478—Offences relating to auditors
(1) A person must not
falsely represent that the person is an approved auditor.
Maximum penalty: $10 000.
(2) An approved
auditor must not falsely represent that the person is an auditor of a
particular approved class.
Maximum penalty: $10 000.
(3) An approved
auditor must not falsely represent that the person has audited an operator's
relevant management system.
Maximum penalty: $10 000.
(4) A person must not
falsely represent the opinion of an approved auditor in relation to an
operator's relevant management system.
Maximum penalty: $10 000.
(5) In this
section—
approved class means a class of auditors approved by the responsible Ministers
under section 654.
Part 1—General matters about authorised officers
Division 1—Functions
479—Functions of authorised officers
(1) An authorised
officer has the following functions under this Law:
(a) to
monitor, investigate and enforce compliance with this Law;
(b) to
monitor or investigate whether an occasion has arisen for the exercise of
powers under this Law;
(c) to
facilitate the exercise of powers under this Law.
(2) Also, an
authorised officer who is not a police officer has the function under this Law
to provide advice, information and education to persons with duties or
obligations under this Law about compliance with the duties or obligations.
Division 2—Appointment
480—Application of Division 2
This Division does not apply to an authorised officer who is a police officer.
481—Appointment and qualifications
(1) The Regulator may,
by instrument, appoint any of the following individuals as an authorised
officer for the purposes of this Law:
(a) an
individual who is—
(i)
a member of the staff of the Regulator; or
(ii)
a person whose services are being used under an
arrangement under section 685; or
(iii)
a consultant or contractor engaged by the Regulator under
section 686;
(b) an
employee of the State;
(c) an
employee of a local government authority;
(d) an
individual of a class prescribed by the national regulations.
(2) However, the
Regulator may appoint a person as an authorised officer only if the Regulator
is satisfied the person is qualified for appointment because the person has
the necessary expertise or experience.
482—Appointment conditions and limit on powers
(1) An authorised
officer holds office on any conditions stated in—
(a) the
officer's instrument of appointment; or
(b) a
notice signed by the Regulator given to the officer; or
(c) the
national regulations.
(2) The instrument of
appointment, a signed notice given to the authorised officer, or the national
regulations may limit the officer's powers.
483—When office ends
(1) The office of a
person as an authorised officer ends if any of the following happens:
(a) the
term of office stated in a condition of office ends;
(b)
under another condition of office, the office ends;
(c) the
officer's resignation under section 484 takes effect.
(2) Subsection (1)
does not limit the ways an authorised officer may cease to hold office.
(3) In this
section—
condition of office means a condition under which the authorised officer holds
office.
484—Resignation
(1) An authorised
officer may resign by signed notice given to the Regulator.
(2) However, if
holding office as an authorised officer is a condition of the officer holding
another office, the officer may not resign as an authorised officer without
resigning from the other office.
Division 3—Identity cards
485—Application of Division 3
This Division does not apply to an authorised officer who is a police officer.
486—Issue of identity card
(1) The Regulator must
issue an identity card to each authorised officer.
(2) The identity card
must—
(a)
contain a recent photo of the authorised officer; and
(b)
contain a copy of the authorised officer's signature; and
(c)
identify the person as an authorised officer for the purposes of this Law; and
(d)
state the identification number allocated to the authorised officer; and
(e)
state an expiry date for the card.
(3) This section does
not prevent the issue of a single identity card to a person for the purposes
of this Law and other purposes.
487—Production or display of identity card
(1) In exercising a
power in relation to a person in the person's presence, an authorised officer
must—
(a)
produce the officer's identity card for the person's inspection before
exercising the power; or
(b) have
the identity card displayed so it is clearly visible to the person when
exercising the power.
(2) However, if it is
not practicable to comply with subsection (1), the authorised officer
must produce the identity card for the person's inspection at the first
reasonable opportunity.
(3) For the purposes
of subsection (1), an authorised officer does not exercise a power in
relation to a person only because the officer has entered a place as mentioned
in section 495(1)(b) or 497(1)(b) or (d).
Note—
Sections 505 and 510 include provisions requiring the production of
identification by an authorised officer in circumstances mentioned in those
sections.
488—Return of identity card
If the office of a person as an authorised officer ends, the person must
return the person's identity card to the Regulator within 21 days after
the office ends unless the person has a reasonable excuse.
Maximum penalty: $4 000.
Division 4—Miscellaneous provisions
489—References to exercise of powers
If—
(a) a
provision of this Chapter refers to the exercise of a power by an authorised
officer; and
(b)
there is no reference to a specific power,
the reference is to the exercise of all or any authorised officers' powers
under this Chapter or a warrant, to the extent the powers are relevant.
490—Reference to document includes reference to reproduction from
electronic document
A reference in this Chapter to a document includes a reference to an image or
writing—
(a)
produced from an electronic document; or
(b) not
yet produced, but reasonably capable of being produced from an electronic
document, with or without the aid of another article or device.
Note—
See the definition document in section 12 of Schedule 1.
491—Use of force against persons
(1) This Chapter does
not authorise—
(a) an
authorised officer (or a person assisting or otherwise acting under the
direction or authority of an authorised officer) to use force against a person
in the exercise or purported exercise of a function under this Chapter; or
(b)
without limiting paragraph (a), a warrant to be issued under this Chapter
authorising a person to use force against a person.
(2) However,
subsection (1) does not affect the powers of a police officer to the
extent (if any) the police officer is authorised to use force against a person
under the Application Act of this jurisdiction.
(3) This section has
effect despite any other provision of this Chapter in relation to the use of
force against a person, even if the other provision is expressed as
authorising the use of force for the purposes of the provision.
492—Use of force against property
(1) A power to use
force against property under another section of this Chapter in the exercise
or purported exercise of a function in relation to this jurisdiction cannot be
exercised by an authorised officer (or a person assisting or otherwise acting
under the direction or authority of the authorised officer) unless—
(a) the
authorised officer is a police officer; or
(b)
exercise of the power to use force is authorised under the Application Act of
this jurisdiction.
(a) has
effect despite any other section of this Chapter in relation to the use of
force against property, even if the other section is expressed as authorising
the use of force for the purposes of the section; but
(b) does
not affect any prohibition or restriction on a power to use force set out in
the other section.
(3) Subsections (1)
and (2) apply to a power to use force against property whether the power is
express or implied.
(4) Despite
subsections (1) to (3) and any other section of this Chapter, this Chapter
does not preclude the inclusion of additional circumstances in the Application
Act of this jurisdiction in which an authorised officer, whether or not a
police officer, may use force against property in the exercise or purported
exercise of a function under this Chapter in relation to this jurisdiction.
493—Exercise of functions in relation to light vehicles
(1) This Chapter does
not authorise the exercise of any function under this Chapter in relation to a
vehicle that is not a heavy vehicle.
(2) However, a
function under this Chapter may be exercised in relation to—
(a) a
pilot vehicle or escort vehicle; or
(b) a
vehicle to the extent (if any) that it is reasonably necessary for the purpose
of determining if the vehicle is or is not a heavy vehicle.
Part 2—Powers in relation to places
Division 1—Preliminary
494—Definitions for Chapter 9 Part 2
place of business , of a responsible person for a heavy vehicle, means a
place—
(a) at
or from which the person carries on a business; or
(b)
occupied by the person in connection with a business carried on by the person;
or
(c) that
is the registered office of the person if the person is a body corporate;
relevant place means—
(a) a
place of business of a responsible person for a heavy vehicle; or
(b) the
relevant garage address of a heavy vehicle; or
(c) the
base of the driver or drivers of a heavy vehicle; or
(d) a
place where records required to be kept under this Law or a heavy vehicle
accreditation are located or are required to be located under this Law or a
heavy vehicle accreditation;
residence , that is a relevant place, means a place or part of a place
mentioned in the definition of relevant place used predominantly for
residential purposes.
(2) For the purposes
of this Part, a place or part of a place is taken not to be used for
residential purposes merely because temporary or casual sleeping or other
accommodation is provided there for drivers of heavy vehicles.
Division 1A—Entry of relevant places for advice purposes
494A—Non-application to police officers
This Division does not apply to an authorised officer who is a police officer.
494B—Power to enter relevant place
An authorised officer may, for advice purposes, enter a relevant place
if—
(a) an
occupier of the place consents under Division 4 to the entry and
section 503 has been complied with for the occupier; or
(b) the
place is not a residence and is—
(i)
open for carrying on a business; or
(ii)
otherwise open for entry; or
(iii)
required to be open for inspection under this Law.
494C—Power after entering relevant place
If an authorised officer enters a relevant place under this Division, the
officer may, for advice purposes, provide advice, information and education.
Division 2—Entry of relevant places for monitoring purposes
495—Power to enter relevant place
(1) An authorised
officer may, for monitoring purposes, enter a relevant place if—
(a) an
occupier of the place consents under Division 4 to the entry and
section 503 has been complied with for the occupier; or
(b) the
place is not a residence and is—
(i)
open for carrying on a business; or
(ii)
otherwise open for entry; or
(iii)
required to be open for inspection under this Law.
(2) If the power to
enter arose only because an occupier of the place consented to the entry, the
power is subject to any conditions of the consent and ceases if the consent is
withdrawn.
(3) Subsection (1)(b)
does not authorise an authorised officer, without the occupier's consent or a
warrant, to enter a relevant place that is unattended, unless the officer
reasonably believes the place is attended.
(4) If an authorised
officer enters a place reasonably believing the place is attended, the officer
must leave the place immediately after finding the place is or appears to be
unattended.
(5) An authorised
officer may open unlocked doors and other unlocked panels and things at a
place for gaining entry to the place under subsection (1).
(6) This section does
not authorise an authorised officer to use force for exercising a power under
this section.
496—General powers after entering relevant place
(1) If an authorised
officer enters a relevant place under this Division, the officer may, for
monitoring purposes, do any of the following (each a general power ):
(a)
inspect any part of the place or a vehicle at the place;
(b)
inspect a relevant document at the place;
(c)
copy, or take an extract from, a relevant document at the place;
(d)
produce an image or writing at the place from an electronic relevant document
at the place or, if it is not practicable to produce the image or writing at
the place, take a thing containing the electronic relevant document to another
place to produce the image or writing;
(e) look
for, and inspect, a relevant device at the place;
(f) take
an extract from a relevant device at the place, including, for example—
(i)
by taking a copy of, or an extract from, a readout or
other data obtained from the device; or
(ii)
by accessing and downloading information from the device;
(g)
exercise a power in relation to a heavy vehicle at the place that the
authorised officer may exercise under section 520;
(h) take
to, into or onto the place and use any persons, equipment, materials, vehicles
or other things the officer reasonably requires for exercising the officer's
powers under this section.
(2) The authorised
officer may take a necessary step to allow the exercise of a general power,
including, for example—
(a) open
an unlocked door or an unlocked panel or thing at the place; and
(b) move
but not take away anything that is not locked up or sealed.
(3) For exercising a
power under subsection (1)(c) or (f), the authorised officer may use
photocopying equipment at the place free of charge.
Note—
See also sections 543 and 544 for use of particular equipment at a place, or
in a vehicle, entered under this Chapter.
(4) If the authorised
officer takes from the place a thing containing an electronic relevant
document to produce an image or writing from the document, the image or
writing must be produced, and the thing must be returned to the place, as soon
as practicable.
(5) However, if the
authorised officer entered the place under section 495(1)(a), the
officer's powers under this section are subject to the conditions of the
consent.
(6) This section does
not authorise an authorised officer to use force for exercising a power under
this section.
(6A) If the authorised
officer is not a police officer, the officer may, for advice purposes, provide
advice, information and education.
(7) In this
section—
electronic relevant document means a relevant document that is an electronic
document;
relevant device means a device relating to a heavy vehicle and required to be
installed, used or maintained under this Law or a heavy vehicle accreditation;
Example of a device that may be a relevant device—
a weighing, measuring, recording or monitoring device
relevant document means a document relating to a heavy vehicle and required to
be kept under this Law or a heavy vehicle accreditation.
Division 3—Entry of places for investigation purposes
497—General power to enter places
(1) An authorised
officer may, for investigation purposes, enter a place if—
(a) an
occupier of the place consents under Division 4 to the entry and
section 503 has been complied with for the occupier; or
(b) it
is a public place and the entry is made when it is open to the public; or
(c) the
entry is authorised under a warrant and, if there is an occupier at the place,
section 510 has been complied with for the occupier; or
(d) it
is a relevant place other than a residence and is—
(i)
open for carrying on a business; or
(ii)
otherwise open for entry; or
(iii)
required to be open for inspection under this Law; or
(e) the
entry is authorised under section 498 or 499.
(2) The authorised
officer may exercise powers under this section at the place even if entry to
the place was originally effected under Division 2 for monitoring
purposes.
(3) If the power to
enter arose only because an occupier of the place consented to the entry, the
power is subject to any conditions of the consent and ceases if the consent is
withdrawn.
(4) If the power to
enter is under a warrant—
(a) the
authorised officer may use force that is reasonably necessary for gaining
entry to the place; and
(b) the
power to enter is subject to the terms of the warrant.
(5) Subsection (1)(d)
does not authorise an authorised officer, without the occupier's consent or a
warrant, to enter—
(a) a
place that is unattended, unless the officer reasonably believes the place is
attended; or
(b) a
place, or part of a place, used predominantly for residential purposes.
(6) If an authorised
officer enters a place reasonably believing the place is attended, the officer
must leave the place immediately after finding the place is or appears to be
unattended.
(7) An authorised
officer may open unlocked doors and other unlocked panels and things at a
place for gaining entry to the place under subsection (1).
(8) This section does
not authorise an authorised officer to use force for exercising a power under
this section unless the power is exercised under a warrant.
498—Power to enter a place if evidence suspected to be at the place
(1) This section
applies if an authorised officer reasonably believes that—
(a)
either—
(i)
a heavy vehicle is or has been at a place; or
(ii)
transport documentation or journey documentation is at a
place; and
(b)
there may be at the place evidence of an offence against this Law that may be
concealed or destroyed unless the place is immediately entered and searched.
(2) The authorised
officer may enter the place if it is—
(a) open
for carrying on a business; or
(b)
otherwise open for entry; or
(c)
required to be open for inspection under this Law.
(3)
Subsection (2) does not authorise an authorised officer to enter—
(a) a
place that is unattended, unless the officer reasonably believes the place is
attended; or
(b) a
place, or part of a place, used predominantly for residential purposes.
(4) If an authorised
officer enters a place reasonably believing the place is attended, the officer
must leave the place immediately after finding the place is or appears to be
unattended.
(5) An authorised
officer may open unlocked doors and other unlocked panels and things at a
place for gaining entry to the place under subsection (2).
(6) An authorised
officer may use force that is reasonably necessary for gaining entry to a
place mentioned in subsection (2)(c).
(7) This section does
not authorise an authorised officer to use force for exercising a power under
this section other than as provided by subsection (6).
499—Power to enter particular places if incident involving death, injury
or damage
(1) An authorised
officer, without an occupier's consent or a warrant, may enter a place at any
time if the officer reasonably believes—
(a) an
incident involving the death of, or injury to, a person or damage to property
involves or may have involved a heavy vehicle; and
(b) the
incident may have involved an offence against this Law; and
(c)
there is a connection between the place and the heavy vehicle; and
(d)
there may be at the place evidence of the offence mentioned in
paragraph (b) that may be concealed or destroyed unless the place is
immediately entered and searched.
(2) For the purposes
of subsection (1), there is a connection between a place and a heavy
vehicle if—
(a) the
place is the vehicle's garage address or, if the vehicle is a combination, the
garage address of a heavy vehicle in the combination; or
(b) the
vehicle is, or within the past 72 hours has been, located at the place; or
(c) the
place is, or may be, otherwise directly or indirectly connected with the
vehicle or any part of its equipment or load.
(3) This section does
not authorise an authorised officer to enter a place in relation to an
incident that involves the death, or injury to, a person unless the authorised
officer is a police officer.
(4) This section does
not authorise an authorised officer, without the occupier's consent or a
warrant, to enter—
(a) a
place that is unattended, unless the officer reasonably believes the place is
attended; or
(b) a
place, or part of a place, used predominantly for residential purposes.
(5) If an authorised
officer enters a place without the occupier's consent or a warrant, reasonably
believing the place is attended, the officer must leave the place immediately
after finding the place is or appears to be unattended.
(6) An authorised
officer may open unlocked doors and other unlocked panels and things at a
place for gaining entry to the place under subsection (1).
(7) This section does
not authorise an authorised officer to use force for exercising a power under
this section.
500—General powers after entering a place
(1) If an authorised
officer enters a place under section 497(1), the officer may, for
investigation purposes, do any of the following (each a general power ):
(a)
search any part of the place or a vehicle at the place, including—
(i)
searching any part of the place or a vehicle at the place
for evidence of an offence against this Law; and
(ii)
searching any part of the place or a vehicle at the place
for a document, device or other thing relating to a heavy vehicle or any part
of its equipment or load;
(b)
inspect, examine or film any part of the place or anything at the place;
(c) take
a thing, or a sample of or from a thing, at the place for examination;
(d)
place an identifying mark in or on anything at the place;
(e) take
an extract from a document, device or other thing at the place, including, for
example—
(i)
by taking a copy of, or an extract from, a readout or
other data obtained from a device or other thing at the place; or
(ii)
by accessing and downloading information from a device or
other thing at the place;
Example of device or other thing—
an intelligent transport system
(f) copy
a document at the place, or take a document at the place to another place to
copy it;
Examples of documents for the purposes of paragraphs (e) and (f)—
• a document
required to be kept at the place under this Law or a heavy vehicle
accreditation
• transport
documentation
• journey
documentation
• a document the
authorised officer reasonably believes provides, or may provide on further
inspection, evidence of an offence against this Law
(g)
produce an image or writing at the place from an electronic document at the
place or, if it is not practicable to produce the image or writing at the
place, take a thing containing the electronic document to another place to
produce the image or writing;
(h)
exercise a power in relation to a heavy vehicle at the place that the
authorised officer may exercise under Chapter 9 Part 3;
(i)
take to, into or onto the place and use any persons,
equipment, materials, vehicles or other things the officer reasonably requires
for exercising the officer's powers under this section.
Note—
The term public place is defined in section 5 as a place or part of a
place—
(a) that
the public is entitled to use, is open to members of the public or is used by
the public, whether or not on payment of money; or
(b) the
occupier of which allows members of the public to enter, whether or not on
payment of money.
Accordingly, the term "public place" does not include an office area or an
area behind a reception counter, unless the public have access to the area as
provided in the definition.
(2) The authorised
officer may take a necessary step to allow the exercise of a general power,
including, for example—
(a) open
an unlocked door or an unlocked panel or thing at the place; and
(b) move
anything that is not locked up or sealed; and
(c) if
the authorised officer entered the place under section 497(1)(c), use the
force that is reasonably necessary for the exercise of the power.
(3) If an authorised
officer takes, or authorises another person to take, a thing or sample for
examination under subsection (1)(c), the officer must—
(a) give
a receipt for the thing or sample to—
(i)
the person in possession of the thing or sample or the
thing from which the sample was taken; or
(ii)
the person in charge of the place from which the thing or
sample was taken; and
(b) at
the end of 6 months after the thing or sample was taken, return it to the
person who appears to be an owner of it, a person to whom a receipt was given
under paragraph (a) for it, or a person in charge of the place from which
it was taken, unless the thing or sample—
(i)
has been seized under section 549; or
(ii)
does not have any intrinsic value.
Note—
See section 561 for what happens if a thing or sample cannot be returned
to its owner or the owner cannot be found.
(4) However, if for
any reason it is not practicable to comply with subsection (3)(a), the
authorised officer must leave the receipt at the place in a conspicuous
position and in a reasonably secure way.
(5) For exercising a
power under subsection (1)(f), the authorised officer may use
photocopying equipment at the place free of charge.
Note—
See also sections 543 and 544 for use of particular equipment at a place, or
in a vehicle, entered under this Chapter.
(6) If the authorised
officer takes a document from the place to copy it, the document must be
copied and returned to the place as soon as practicable.
(7) If the authorised
officer takes from the place a thing containing an electronic document to
produce an image or writing from the document, the image or writing must be
produced, and the thing must be returned to the place, as soon as practicable.
(8) However—
(a) if
the authorised officer entered the place under section 497(1)(a), the
officer's powers under this section are subject to the conditions of the
consent; and
(b) if
the authorised officer entered the place under section 497(1)(c), the
officer's powers under this section are subject to the terms of the warrant.
(9) Without limiting
section 497(2), the authorised officer may exercise powers under this
section at the place even if entry to the place was originally effected under
Division 2 for monitoring purposes.
(10) The power to
search under this section does not include a power to search a person.
(11) If the authorised
officer is not a police officer, the officer may, for advice purposes, provide
advice, information and education.
Division 4—Procedure for entry by consent
501—Application of Division 4
This Division applies if an authorised officer intends to ask an occupier of a
place for consent to the officer or another authorised officer entering the
place under section 494B(a), 495(1)(a) or 497(1)(a).
502—Incidental entry to ask for access
(1) For the purpose of
asking the occupier for the consent, the authorised officer may, without the
occupier's consent or a warrant—
(a)
enter land around a building or other structure at the place to an extent that
is reasonable to contact the occupier; or
(b)
enter part of the place the officer reasonably believes members of the public
ordinarily are allowed to enter when they wish to contact the occupier.
(2) The authorised
officer must not enter land or a part of a place under subsection (1) if
the officer knows or ought reasonably to know the place is unattended.
(3) If the authorised
officer enters land or a part of a place under subsection (1), the
officer must leave it immediately after finding the place is or appears to be
unattended.
503—Matters authorised officer must tell occupier
Before asking for the consent, the authorised officer must give a reasonable
explanation to the occupier about the following:
(a) the
purpose of the entry;
(b) that
the occupier is not required to consent;
(c) that
the consent may be given subject to conditions and may be withdrawn at any
time;
(d) any
other powers intended to be exercised to achieve the purpose of the entry.
504—Consent acknowledgement
(1) If the consent is
given, the authorised officer may ask the occupier to sign an acknowledgement
of the consent.
(2) The
acknowledgement must state—
(a) the
purpose of the entry, including the powers intended to be exercised to achieve
the purpose of the entry; and
(b) that
the following has been explained to the occupier:
(i)
the purpose of the entry, including the powers intended
to be exercised to achieve the purpose of the entry;
(ii)
that the occupier is not required to consent; and
(c) that
the occupier gives the authorised officer consent to enter the place and
exercise the powers; and
(d) the
time and day the consent was given; and
(e) any
conditions of the consent.
(3) If the occupier
signs the acknowledgement, the authorised officer must immediately give a copy
to the occupier.
(4) However, if it is
impractical for the authorised officer to give the occupier a copy of the
acknowledgement immediately, the officer must give the copy as soon as
practicable.
(5) If the
acknowledgment states some but not all the powers exercised or intended to be
exercised to achieve the purpose of the entry—
(a) the
acknowledgment is not necessarily invalid merely because of the omission; but
(b) if
an issue arises in a proceeding about the validity of the
acknowledgment—the court has a discretion to decide if the
acknowledgment is invalid on the ground that the exercise of the power was of
such significance in the particular circumstances as to have warranted its
inclusion in the acknowledgment.
(6) If—
(a) an
issue arises in a proceeding about whether the occupier consented to the
entry; and
(b) an
acknowledgement complying with subsection (2) for the entry is not
produced in evidence,
the onus of proof is on the person relying on the lawfulness of the entry to
prove the occupier consented.
505—Procedure for entry with consent
(1) This section
applies if an authorised officer is intending to ask the occupier for consent
to enter a place under this Division (otherwise than under section 502).
(2) Before asking for
consent, the authorised officer must identify himself or herself to a person
who is an occupier of the place and is present by producing—
(a) for
an authorised officer who is a police officer—an identity card or other
document evidencing the officer's appointment as a police officer; or
(b) for
an authorised officer who is not a police officer—the identity card
issued to the officer under this Law or another document evidencing the
officer's appointment as an authorised officer.
(3) Subsection (2)(a)
does not apply to a police officer in uniform.
Division 5—Entry under warrant
506—Application for warrant
(1) An authorised
officer may apply to an authorised warrant official for a warrant for a place.
(2) The authorised
officer must prepare a written application stating the grounds on which the
warrant is sought.
(3) The written
application must be sworn.
(4) The authorised
warrant official may refuse to consider the application until the authorised
officer gives the official all the information the official requires about the
application in the way the official requires.
Example—
The authorised warrant official may require additional information supporting
the written application to be given by statutory declaration.
507—Issue of warrant
(1) The authorised
warrant official may issue the warrant for the place only if the official is
satisfied there are reasonable grounds for suspecting there is at the place,
or will be at the place within the next 72 hours, a particular thing or
activity that may provide evidence of an offence against this Law.
(2) The warrant must
state the following:
(a) the
place to which the warrant applies;
(b) that
a stated authorised officer or any authorised officer may, with necessary and
reasonable help and force—
(i)
enter the place and any other place necessary for entry
to the place; and
(ii)
exercise the authorised officer's powers;
(c)
particulars of the offence that the authorised warrant official considers
appropriate in the circumstances;
(d) the
name of the person suspected of having committed the offence unless the name
is unknown or the authorised warrant official considers it inappropriate to
state the name;
(e) the
evidence that may be seized under the warrant;
(f) the
hours of the day or night when the place may be entered;
(g) the
authorised warrant official's name;
(h) the
date and time of the warrant's issue;
(i)
the day, within 14 days after the warrant's issue, the
warrant ends.
508—Application by electronic communication and duplicate warrant
(1) An application
under section 506 may be made by radio, telephone, fax, email, video
conferencing or another form of electronic communication if the authorised
officer reasonably believes it necessary because of—
(a)
urgent circumstances; or
(b)
other special circumstances, including, for example, the officer's remote
location.
(2) The
application—
(a) may
not be made before the authorised officer prepares the written application
under section 506(2); but
(b) may
be made before the written application is sworn.
(3) The authorised
warrant official may issue the warrant (the original warrant ) only if the
official is satisfied—
(a) it
was necessary to make the application under subsection (1); and
(b) the
way the application was made under subsection (1) was appropriate.
(4) After the
authorised warrant official issues the original warrant—
(a) if
there is a reasonably practicable way of immediately giving a copy of the
warrant to the authorised officer, for example, by sending a copy by fax or
email, the official must immediately give a copy of the warrant to the
officer; or
(i)
the official must tell the authorised officer the
information mentioned in section 507(2); and
(ii)
the authorised officer must complete a form of warrant,
including by writing on it the information mentioned in section 507(2)
provided by the official.
(5) The copy of the
warrant mentioned in subsection (4)(a), or the form of warrant completed
under subsection (4)(b) (in either case the duplicate warrant ), is a
duplicate of, and as effectual as, the original warrant.
(6) The authorised
officer must, at the first reasonable opportunity, send to the authorised
warrant official—
(a) the
written application complying with section 506(2) and (3); and
(b) if
the officer completed a form of warrant under subsection (4)(b)—the
completed form of warrant.
(7) The authorised
warrant official must keep the original warrant and, on receiving the
documents under subsection (6)—
(a)
attach the documents to the original warrant; and
(b) file
the original warrant and documents in the relevant court.
(8) Despite
subsection (5), if—
(a) an
issue arises in a proceeding about whether an exercise of a power was
authorised by a warrant issued under this section; and
(b) the
original warrant is not produced in evidence,
the onus of proof is on the person relying on the lawfulness of the exercise
of the power to prove a warrant authorised the exercise of the power.
(9) This section does
not limit section 506.
509—Defect in relation to a warrant
(1) A warrant is not
invalidated by a defect in—
(a) the
warrant; or
(b)
compliance with this Division,
unless the defect affects the substance of the warrant in a material
particular.
(2) In this
section—
warrant includes a duplicate warrant mentioned in section 508(5).
510—Procedure for entry under warrant
(1) This section
applies if an authorised officer is intending to enter a place under a warrant
issued under this Division.
(2) Before entering
the place, the authorised officer must do or make a reasonable attempt to do
the following things:
(a)
identify himself or herself to a person who is an occupier of the place and is
present by producing—
(i)
for an authorised officer who is a police
officer—an identity card or other document evidencing the officer's
appointment as a police officer; or
(ii)
for an authorised officer who is not a police
officer—the identity card issued to the officer under this Law or
another document evidencing the officer's appointment as an authorised
officer;
(b) give
the person a copy of the warrant;
(c) tell
the person the officer is permitted by the warrant to enter the place;
(d) give
the person an opportunity to allow the officer immediate entry to the place
without using force.
(3) However, the
authorised officer need not comply with subsection (2) if the officer
reasonably believes that entry to the place is required to ensure the
execution of the warrant is not frustrated.
(4)
Subsection (2)(a)(i) does not apply to a police officer in uniform.
(5) In this
section—
warrant includes a duplicate warrant mentioned in section 508(5).
Part 3—Powers in relation to heavy vehicles
Division 1—Preliminary
511—Application of Chapter 9 Part 3
Unless otherwise stated in this Part, this Part applies to a heavy
vehicle—
(a) on a
road; or
(b) in
or at a public place; or
(c) in
or at a place owned or occupied by a road authority or by another public
authority; or
(d) in
or at a place entered by an authorised officer under Chapter 9
Part 2.
512—Persons who are drivers for this Part
In this Part, a reference to the driver of a heavy vehicle includes a
reference to a person in, on or in the vicinity of the vehicle whom an
authorised officer present at the scene reasonably believes is the vehicle's
driver.
Division 2—Stopping, not moving or not interfering with heavy
vehicle etc
513—Direction to stop heavy vehicle to enable exercise of other powers
(1) To enable an
authorised officer to exercise a power under this Law, the officer may direct
the driver of a heavy vehicle to stop the vehicle.
Example—
An authorised officer may direct the driver of a heavy vehicle to stop the
vehicle so that the authorised officer can enter and inspect it under
section 520 or enter and search it under section 521.
(2) The direction may
be given orally or in any other way, including, for example, by way of a sign
or electronic or other signal.
(3) The direction may
require the heavy vehicle to be—
(a)
stopped immediately; or
(b)
stopped at a place indicated by the authorised officer as the nearest place
for it to be safely stopped.
(4) A person given a
direction under subsection (1) must comply with the direction, unless the
person has a reasonable excuse.
Maximum penalty: $6 000.
(5) When the heavy
vehicle stops, the authorised officer must as soon as practicable produce for
the inspection of the vehicle's driver—
(a) for
an authorised officer who is a police officer—an identity card or other
document evidencing the officer's appointment as a police officer; or
(b) for
an authorised officer who is not a police officer—the identity card
issued to the officer under this Law or another document evidencing the
officer's appointment as an authorised officer.
(6) Subsection (5)(a)
does not apply to a police officer in uniform.
(7) In this
section—
stop a heavy vehicle means to stop the vehicle and keep it stationary.
514—Direction not to move or interfere with heavy vehicle etc to enable
exercise of other powers
(1) To enable an
authorised officer to exercise a power under this Law, the officer may direct
the driver of a heavy vehicle or any other person not to—
(a) move
the vehicle; or
(b)
interfere with the vehicle or any equipment in it; or
(c)
interfere with the vehicle's load.
(2) The direction may
be given orally or in any other way, including, for example, by way of a sign
or electronic or other signal.
(3) A person given a
direction under subsection (1) must comply with the direction, unless the
person has a reasonable excuse.
Maximum penalty: $6 000.
Division 3—Moving heavy vehicle
515—Definition for Division 3
In this Division—
unattended , for a heavy vehicle, means—
(a)
there is no-one in or near the vehicle who appears to be its driver; or
(b)
there is a person in or near the vehicle who appears to be its driver but the
person is—
(i)
unwilling, or not qualified or fit, to drive the vehicle;
or
(ii)
not authorised by the operator of the vehicle to drive
it; or
(iii)
subject to a direction under section 524.
516—Direction to move heavy vehicle to enable exercise of other powers
(1) To enable an
authorised officer to exercise a power under this Law, the officer may direct
the driver or operator of a heavy vehicle that is stationary or has been
stopped under section 513 to move the vehicle, or cause it to be moved,
to a stated reasonable place within a 30km radius from—
(a)
where the vehicle was stationary or stopped; or
(b) if
the direction is given within the course of the vehicle's journey—any
point along the forward route of the journey.
Example—
An authorised officer may direct the driver of a heavy vehicle to move the
vehicle onto a weighing or testing device.
(2) The direction may
be made orally or in any other way, including, for example—
(a) for
a direction given to the driver of a heavy vehicle—by way of a sign or
electronic or other signal; or
(b) for
a direction given to the operator of a heavy vehicle—by radio,
telephone, fax or email.
(3) A person given a
direction under subsection (1) must comply with the direction, unless the
person has a reasonable excuse.
Maximum penalty: $6 000.
(4) Without limiting
what may be a reasonable excuse for the purposes of subsection (3), in a
proceeding for an offence against the subsection, it is a defence for the
person charged to prove that—
(a) it
was not possible to move the heavy vehicle because it was broken down; and
(b) the
breakdown happened for a physical reason beyond the person's control; and
(c) the
breakdown could not be readily rectified in a way that would enable the
direction to be complied with within a reasonable time.
517—Direction to move heavy vehicle if causing harm etc
(1) This section
applies if an authorised officer reasonably believes a stationary heavy
vehicle is—
(a)
causing, or creating a risk of, serious harm to public safety, the environment
or road infrastructure; or
(b)
obstructing traffic or likely to obstruct traffic.
(2) The authorised
officer may direct the driver or operator of the heavy vehicle to do either or
both of the following:
(a) move
the vehicle, or cause it to be moved, to the extent necessary to avoid the
harm or obstruction;
(b) do,
or cause to be done, anything else the officer reasonably requires to avoid
the harm or obstruction.
(3) The direction may
be made orally or in any other way, including, for example—
(a) for
a direction given to the driver of a heavy vehicle—by way of a sign or
electronic or other signal; or
(b) for
a direction given to the operator of a heavy vehicle—by radio,
telephone, fax or email.
(4) A person given a
direction under subsection (2) must comply with the direction, unless the
person has a reasonable excuse.
Maximum penalty: $6 000.
(5) Without limiting
what may be a reasonable excuse for the purposes of subsection (4), in a
proceeding for an offence against the subsection, it is a defence for the
person charged to prove that—
(a) it
was not possible to move the heavy vehicle because it was broken down; and
(b) the
breakdown happened for a physical reason beyond the person's control; and
(c) the
breakdown could not be readily rectified in a way that would enable the
direction to be complied with within a reasonable time.
518—Moving unattended heavy vehicle on road to exercise another power
(1) This section
applies if an authorised officer—
(a)
reasonably believes a heavy vehicle on a road is unattended; and
(b)
intends to exercise a power under this Law in relation to the heavy vehicle;
and
(c)
reasonably believes it is necessary to move the heavy vehicle to enable the
exercise of the power.
(2) To the extent
reasonably necessary to enable the exercise of the power, the authorised
officer—
(a) may
move the heavy vehicle; or
(b)
authorise someone else (the assistant ) to move the heavy vehicle.
Example—
by driving, pushing or towing the heavy vehicle
(3) The authorised
officer or assistant may enter the heavy vehicle to enable the authorised
officer or assistant to move it.
(4) Despite
subsection (2), the authorised officer—
(a) may
only drive the heavy vehicle if the officer is qualified and fit to drive it;
and
(b) may
only authorise the assistant to drive the heavy vehicle if the assistant is
qualified and fit to drive it.
(5) It is immaterial
that—
(a) the
assistant is not the operator of the heavy vehicle; or
(b) the
authorised officer or assistant is not authorised by the operator to drive the
heavy vehicle.
(6) The authorised
officer or assistant may—
(a) open
unlocked doors and other unlocked panels and things in the heavy vehicle; and
(b) use
the force that is reasonably necessary to—
(i)
gain access to the heavy vehicle, its engine or other
mechanical components to enable it to be moved; or
(ii)
enable the heavy vehicle to be towed.
(7) The authorised
officer must exercise reasonable diligence to ensure the driver or operator is
notified that the vehicle has been moved and the place to which it has been
moved.
(8) The notification
may be given orally or in any other way, including, for example, by radio,
telephone, fax or email.
519—Moving unattended heavy vehicle on road if causing harm etc
(1) This section
applies if an authorised officer reasonably believes—
(a) a
heavy vehicle on a road is unattended; and
(b) the
heavy vehicle is—
(i)
causing, or creating an imminent risk of, serious harm to
public safety, the environment or road infrastructure; or
(ii)
obstructing traffic or likely to obstruct traffic.
(2) The authorised
officer may move or authorise someone else (the assistant ) to move the heavy
vehicle or, if it is a combination, any component vehicle of the combination,
to the extent it is reasonably necessary to avoid the harm or obstruction.
Example—
by driving, pushing or towing the vehicle
(3) The authorised
officer or assistant may—
(a)
enter the heavy vehicle to enable the authorised officer or assistant to move
it; and
(b) for
a combination—separate any or all of the component vehicles of the
combination for the purpose of moving 1 or more of them.
(4) The authorised
officer or assistant may drive the heavy vehicle even if the officer or
assistant is not qualified to drive it if the authorised officer reasonably
believes there is no-one else in or near the vehicle who is more capable of
driving it and fit and willing to drive it.
(5) It is immaterial
that—
(a) the
assistant is not the operator of the heavy vehicle; or
(b) the
authorised officer or assistant is not authorised by the operator to drive the
heavy vehicle.
(6) In driving the
heavy vehicle under subsection (4), the authorised officer or assistant
is exempt from a provision of an Australian road law to the extent the
provision would require the authorised officer or assistant to be qualified to
drive the vehicle.
(7) The authorised
officer or assistant may use the force that is reasonably necessary to do
anything that is reasonably necessary to avoid the harm or obstruction.
Division 4—Inspecting and searching heavy vehicles
520—Power to enter and inspect heavy vehicles for monitoring purposes
(1) An authorised
officer may enter and inspect a heavy vehicle for monitoring purposes.
(2) Without limiting
subsection (1), the authorised officer may—
(a)
inspect, examine or film any part of the heavy vehicle or any part of its
equipment or load; and
(b)
without limiting paragraph (a), look for, check the details of, or film a
registration item, label or other thing required to be displayed on the heavy
vehicle under an Australian road law; and
(c)
inspect a relevant document in the heavy vehicle; and
(d)
copy, or take an extract from, a relevant document in the heavy vehicle; and
(e)
produce an image or writing in or near the vehicle from an electronic relevant
document in the vehicle or, if it is not practicable to produce the image or
writing in or near the vehicle, take a thing containing the electronic
relevant document somewhere else to produce the image or writing; and
(f) take
an extract of relevant information from a device or other thing found in the
heavy vehicle, including, for example—
(i)
by taking a copy of, or an extract from, a readout or
other data obtained from the device or other thing; or
(ii)
by accessing and downloading relevant information from
the device or other thing.
Example of device or other thing—
an intelligent transport system
(3) The authorised
officer may take a necessary step to allow the exercise of a power under
subsection (1) or (2), including, for example—
(a) open
an unlocked door or an unlocked panel or thing on the heavy vehicle; and
(b) move
but not take away anything that is not locked up or sealed.
(4) However, this
section does not authorise an authorised officer to use force for exercising a
power under this section.
(5) If the authorised
officer takes from the heavy vehicle a thing containing an electronic relevant
document to produce an image or writing from the document, the image or
writing must be produced, and the thing must be returned to the vehicle, as
soon as practicable.
(6) In this
section—
electronic relevant document means a relevant document that is an electronic
document;
relevant document means a document relating to a heavy vehicle and required to
be kept under this Law or a heavy vehicle accreditation, including, for
example, a document required to be kept in the possession of the driver of a
heavy vehicle;
relevant information means information relating to a heavy vehicle required to
be kept under this Law or a heavy vehicle accreditation.
521—Power to enter and search heavy vehicle involved, or suspected to be
involved, in an offence etc
(1) An authorised
officer may, using necessary and reasonable help and force, enter and search a
heavy vehicle for investigation purposes if the officer reasonably
believes—
(a) the
vehicle is being, or has been, used to commit an offence against this Law; or
(b) the
vehicle, or a thing in the vehicle, may provide evidence of an offence against
this Law that is being, or has been, committed; or
(c) the
vehicle has been or may have been involved in an incident involving the death
of, or injury to, a person or damage to property.
(2) The authorised
officer may form the necessary belief—
(a)
during or after an inspection of the heavy vehicle under Chapter 9
Part 2 or section 520; or
(b)
independently of an inspection of the heavy vehicle under Chapter 9
Part 2 or section 520.
(3) Without limiting
subsection (1), the authorised officer may—
(a)
search any part of the heavy vehicle or any part of its equipment or load for
evidence of an offence against this Law; and
(b)
inspect, examine or film any part of the heavy vehicle or any part of its
equipment or load; and
(c)
without limiting paragraph (b), look for, check the details of, or film a
registration item, label or other thing required to be displayed on the heavy
vehicle under an Australian road law; and
(d)
search for and inspect a document, device or other thing in the heavy vehicle;
and
(e) take
an extract from a document, device or other thing in the heavy vehicle,
including, for example—
(i)
by taking a copy of, or an extract from, a readout or
other data obtained from a device or other thing in the vehicle; or
(ii)
by accessing and downloading information from a device or
other thing in the vehicle; and
Examples of device or other thing—
an intelligent transport system
(f) copy
a document in the heavy vehicle, or take a document in the heavy vehicle
somewhere else to copy it; and
Examples of documents for the purposes of paragraphs (e) and (f)—
• a document
required to be kept in the vehicle under this Law or a heavy vehicle
accreditation
• transport
documentation
• journey
documentation
• a document the
authorised officer reasonably believes provides, or may provide on further
inspection, evidence of an offence against this Law
(g)
produce an image or writing in or near the vehicle from an electronic document
in the vehicle or, if it is not practicable to produce the image or writing in
or near the vehicle, take a thing containing the electronic document somewhere
else to produce the image or writing; and
(h) take
the persons, equipment or materials the officer reasonably requires into or
onto the heavy vehicle.
(4) If the authorised
officer takes a document from the heavy vehicle to copy it, the document must
be copied and returned to the vehicle as soon as practicable.
(5) If the authorised
officer takes from the heavy vehicle a thing containing an electronic document
to produce an image or writing from the document, the image or writing must be
produced, and the thing must be returned to the vehicle, as soon as
practicable.
(6) This section does
not authorise an authorised officer to exercise a power under this section in
relation to an incident that involves the death of, or injury to, a person
unless the authorised officer is a police officer or is acting under the
direction of a police officer.
(7) The power to
search under this section does not include a power to search a person.
522—Power to order presentation of heavy vehicles for inspection
(1) An authorised
officer may, by notice under subsection (2), require to be produced for
inspection at a place and time stated in the notice, a heavy vehicle—
(a) that
the officer reasonably believes has within the preceding 60 days been used or
will be used on a road if the officer reasonably believes that—
(i)
the driver of the vehicle has not complied with this Law
in driving a heavy vehicle of that kind; or
(ii)
the vehicle does not comply with this Law; or
(iii)
the vehicle is a defective heavy vehicle as defined in
section 525; or
(b)
without limiting paragraph (a), for the purpose of deciding if a vehicle
defect notice for the vehicle can be cleared under section 530.
(1a) An authorised
officer may, by notice under subsection (2), require to be produced for
inspection at a place and time stated in the notice, vehicles in a category of
heavy vehicles that the officer reasonably believes have within the preceding
60 days been used or will be used on a road if the officer reasonably
believes that—
(a) the
vehicles in that category do not comply with this Law; or
(b) the
vehicles in that category are defective heavy vehicles as defined in
section 525.
(2) A notice must be
served on—
(a) the
person in charge of the heavy vehicle or category of heavy vehicles; or
(b) the
registered operator or, if the heavy vehicle or category of heavy vehicles is
not registered, an owner.
(3) If a notice has
been served on a person under this section—
(a) the
person may, not later than 24 hours before the time stated in the notice,
request an authorised officer to change the place or time of inspection or
both; and
(b)
subject to paragraph (c), the authorised officer must—
(i)
consider the request; and
(ii)
vary the notice by changing the place or time; and
(iii)
notify the person of the change; and
(c) the
authorised officer may refuse the request if the officer considers—
(i)
there may be a safety risk in acceding to the request; or
(ii)
the request is made for an improper reason; or
(iii)
it is otherwise not reasonable to vary the notice.
(4) An inspection may
include any tests an authorised officer decides to be appropriate.
(5) A person must not
fail to produce a heavy vehicle for inspection—
(a)
subject to paragraph (b), at the place and time stated in the notice
served on the person; or
(b) if
the notice has been varied under this section, at the place and time stated in
the notice as varied.
Maximum penalty: $6 000.
(6) An authorised
officer may act under subsection (1a) only if—
(a) for
an authorised officer who is a police officer—the officer has the
relevant police commissioner's written authority to act under
subsection (1a); or
(b) for
an authorised officer who is not a police officer—the officer's
instrument of appointment provides that the authorised officer may act under
subsection (1a).
Division 5—Other powers in relation to all heavy vehicles
523—Starting or stopping heavy vehicle engine
(1) To enable an
authorised officer to effectively exercise a power under this Law in relation
to a heavy vehicle, the officer may enter the vehicle and start or stop its
engine ( take the prescribed action ) or authorise someone else (the assistant
) to enter the vehicle and take the prescribed action if—
(a) a
person fails to comply with a requirement made by an authorised officer under
section 577 to take the prescribed action; or
(b) no
responsible person for the heavy vehicle is available or willing to take the
prescribed action; or
(c) the
authorised officer reasonably believes there is no-one else in or near the
vehicle who is more capable of taking the prescribed action and is fit and
willing to do so.
(2) The authorised
officer or assistant may use the force that is reasonably necessary to enter
the heavy vehicle and take the prescribed action.
(3) Subsection (2)
does not authorise the authorised officer or assistant to use force against a
person.
(4) It is immaterial
that—
(a) the
assistant is not the operator of the heavy vehicle; or
(b) the
authorised officer or assistant is not—
(i)
authorised by the operator to take the prescribed action;
or
(ii)
qualified to take the prescribed action.
(5) This section does
not authorise the authorised officer or assistant to drive the heavy vehicle.
(6) In taking the
prescribed action, the authorised officer or assistant is exempt from a
provision of an Australian road law to the extent the provision would require
the authorised officer or assistant to be qualified to take the prescribed
action.
(7) In this
section—
start , in relation to a heavy vehicle's engine, includes run the engine.
524—Direction to leave heavy vehicle
(1) This section
applies if—
(a) the
driver of a heavy vehicle fails to comply with a direction given by an
authorised officer under this Chapter; or
(b) an
authorised officer reasonably believes the driver of a heavy vehicle is not
qualified, fit or authorised by the operator to drive the vehicle in order to
comply with a direction the authorised officer may give under this Chapter; or
(c) an
authorised officer reasonably believes it would be unsafe to inspect or search
a heavy vehicle or any part of it or any part of its equipment or load while
the driver occupies the driver's seat or is in the vehicle or another person
accompanying the driver is in the vehicle.
(2) The authorised
officer may direct the driver to do 1 or more of the following:
(a) to
vacate the driver's seat;
(b) to
leave the heavy vehicle;
(c) not
to occupy the driver's seat until permitted by an authorised officer;
(d) not
to enter the heavy vehicle until permitted by an authorised officer.
(3) The authorised
officer may direct any other person accompanying the driver of the heavy
vehicle to do either or both of the following:
(a) to
leave the vehicle;
(b) not
to enter the vehicle until permitted by an authorised officer.
(4) A direction under
subsection (2) or (3) may be made orally or in any other way, including,
for example, by way of a sign or electronic or other signal.
(5) A person given a
direction under subsection (2) or (3) must comply with the direction
unless the person has a reasonable excuse.
Maximum penalty: $6 000.
Division 6—Further powers in relation to heavy vehicles concerning
heavy vehicle standards
525—Definitions for Division 6
In this Division—
defective heavy vehicle means a heavy vehicle that—
(a)
contravenes the heavy vehicle standards; or
(b) has
a part that—
(i)
does not perform its intended function; or
(ii)
has deteriorated to an extent that it cannot be
reasonably relied on to perform its intended function;
defective vehicle label means a label—
(a) for
attaching to a heavy vehicle to which a major defect notice or minor defect
notice applies; and
(b)
stating—
(i)
the vehicle's registration number or, if the vehicle is
not registered, a vehicle identifier of the vehicle; and
(ii)
that the vehicle must not be used on a road except as
specified in the notice; and
(iii)
the identification details for the authorised officer who
issued the notice; and
(iv)
the day and time the notice was issued; and
(v)
the number of the notice;
identification details , for an authorised officer, means details to identify
the authorised officer, including, for example—
(a) the
officer's name; or
(b) an
identification number allocated to the officer under this Law or another law;
vehicle identifier means—
(a) a
VIN; or
(b)
engine number; or
(c)
chassis number; or
(d)
another identifying number issued by a registration authority.
Example—
an unregistered vehicle permit number
526—Issue of vehicle defect notice
(1) This section
applies if an authorised officer who has inspected a heavy vehicle under this
Law reasonably believes—
(a) the
vehicle is a defective heavy vehicle; or
(b) a
number plate of the vehicle is wholly or partly obscured, defaced or otherwise
not legible.
(2) The authorised
officer may issue the following vehicle defect notice in relation to the heavy
vehicle, in the way mentioned in subsection (3)—
(a) if
the officer reasonably believes the vehicle is a defective heavy vehicle and
use of the vehicle on a road poses an imminent and serious safety risk—a
major defect notice;
(b) if
the officer reasonably believes the vehicle is a defective heavy vehicle and
use of the vehicle on a road poses a safety risk other than an imminent and
serious safety risk—a minor defect notice;
(c) if
the officer reasonably believes that use of the vehicle on a road does not
pose a safety risk or subsection (1)(b) applies—a self-clearing
defect notice.
(3) The authorised
officer may issue the vehicle defect notice by—
(a) if
the driver of the heavy vehicle is present—giving the notice to the
driver; or
(b) if
the driver of the heavy vehicle is not present—attaching the notice to
the vehicle.
(4) If the driver of a
heavy vehicle for which a vehicle defect notice is issued under this section
is not the operator of the vehicle, the driver must give the notice to the
operator as soon as practicable, but not more than 14 days, after the
notice is issued.
Maximum penalty: $3 000.
527—Requirements about vehicle defect notice
(1) A vehicle defect
notice for a heavy vehicle must be in the approved form and state the
following:
(a) that
the notice is a major defect notice, minor defect notice or self-clearing
defect notice;
(aa)
that—
(i)
the vehicle is a defective heavy vehicle; or
(ii)
a number plate of the vehicle is wholly or partly
obscured, defaced or otherwise not legible;
(ab) if
the vehicle is a defective heavy vehicle—details of how the vehicle is a
defective heavy vehicle;
(b) for
a major defect notice—that the vehicle must not be used on a road after
the notice is issued other than to move it to one or more locations stated in
the notice in one or more ways stated in the notice;
(c) for
a minor defect notice—
(i)
that corrective action must be taken by a stated time
(the due time ); and
(ii)
that, after the due time, the vehicle must not be used on
a road unless corrective action has been taken;
(ca) for
a self-clearing defect notice—
(i)
that corrective action must be taken by a stated day (the
due day ) not more than 28 days after the notice is issued; and
(ii)
that, after the due day, the vehicle must not be used on
a road unless corrective action has been taken;
(d) the
name of the vehicle's driver if known by the authorised officer issuing the
notice when the notice is issued or, if the driver is not present or the
driver's name is not known by the authorised officer issuing the notice when
the notice is issued, the term 'registered operator';
(e)
details to identify the vehicle, including, for example—
(i)
the vehicle's registration number, or if the vehicle is
not registered, a vehicle identifier of the vehicle; or
(ii)
the vehicle's make and category;
(f) the
nature of the inspection that led to the notice being issued;
(g)
whether an infringement notice was also given when the notice was issued;
(h) the
identification details for the authorised officer who issued the notice;
(i)
the day and time the notice was issued;
(j) for
a major defect notice or minor defect notice—
(i)
that, if the notice is not cleared by the Regulator under
section 530, the vehicle's registration may be suspended and subsequently
cancelled by a registration authority under an Australian road law; and
(ii)
any conditions imposed under subsection (2).
(2) The authorised
officer issuing a major defect notice or minor defect notice may impose any
conditions on the use of the defective heavy vehicle the officer considers
appropriate for use of the vehicle on a road.
(3) Any conditions
imposed under subsection (2) are taken to form part of the vehicle defect
notice concerned.
(4) In this
section—
corrective action , for a vehicle, means action that stops—
(a) the
vehicle from being a defective heavy vehicle; or
(b) a
number plate of the vehicle being wholly or partly obscured, defaced or
otherwise not legible.
528—Defective vehicle labels
(1) If an authorised
officer issues a major defect notice for a heavy vehicle, the authorised
officer must attach a defective vehicle label to the vehicle.
(2) If an authorised
officer issues a minor defect notice for a heavy vehicle, the authorised
officer may attach a defective vehicle label to the vehicle.
(3) A person must not
remove or deface a defective vehicle label attached to a heavy vehicle under
subsection (1) or (2).
Maximum penalty: $3 000.
(4) Subsection (3)
does not apply to a person removing a defective vehicle label under
section 530(2) or 531(5).
528A—Information not included in notice or label
(1) This section
applies to information required to be included—
(a) in a
defective vehicle label under section 525 (see paragraph (b)(i) of the
definition of defective vehicle label ); or
(b) in a
vehicle defect notice under section 527(1)(e).
(2) The information
need only be included if it is reasonably practicable and safe for the
authorised officer to obtain the information.
529—Using heavy vehicles contrary to vehicle defect notice
A person must not use, or permit to be used, on a road a heavy vehicle in
contravention of a vehicle defect notice.
Maximum penalty:
(a) for
a major defect notice or minor defect notice—$6 000; or
(b) for
a self-clearing defect notice—$3 000.
529AA—Permission to use vehicle the subject of a self-clearing defect
notice
(1) An authorised
officer may, on request made by the operator of a heavy vehicle that is the
subject of a self-clearing defect notice, give written permission for the
vehicle to be used on a road during a period stated in the permission.
(2) The permission is
subject to the condition that the vehicle will be used only for the purpose of
driving the vehicle to and from a place where repairs are to be carried out.
(3) The use of the
vehicle under the permission, in accordance with the condition, is not a
contravention of the self-clearing defect notice.
529A—Permission to use vehicle the subject of a major or minor defect
notice
(1) An authorised
officer may, on request made by the operator of a heavy vehicle that is the
subject of a major defect notice or minor defect notice, give written
permission for the vehicle to be used on a road during a period stated in the
permission.
(2) The authorised
officer may give the permission only if—
(i)
the vehicle will be used only for the purpose of driving
the vehicle to and from a place where repairs are to be carried out; and
(ii)
the use of the vehicle will not pose an imminent and
serious safety risk; and
(iii)
the request is necessary and reasonable; or
(i)
the relevant repairs have been carried out and the
vehicle will be taken within the stated period to be inspected for the purpose
of enabling the vehicle defect notice to be cleared under section 530;
and
(ii)
the use of the vehicle will not pose a safety risk; and
(iii)
the request is necessary and reasonable.
(3) For the purpose of
subsection (2)(a)(ii) or (b)(ii), an authorised officer may require
evidence of adequate repairs or other measures.
(4) The permission is
subject to conditions that—
(a) the
use of the vehicle will be as mentioned in subsection (2)(a)(i) or
(b)(i); and
(b) in
relation to the use of the vehicle mentioned in
subsection (2)(a)(i)—the vehicle will not be used to carry goods or
passengers.
(5) The authorised
officer may also impose other reasonable conditions on the permission.
(6) The use of the
vehicle under the permission is not a contravention of the vehicle defect
notice.
(7) The use of a
vehicle in contravention of a condition under subsection (4) or (5) is a
contravention of the vehicle defect notice.
529B—Permitted use of vehicle the subject of a major or minor defect
notice without permission of authorised officer
(1) A heavy vehicle
that is the subject of a major defect notice or minor defect notice may be
used on a road if—
(a) the
relevant repairs have been carried out; and
(b) the
vehicle is being taken to a place to be inspected for the purpose of enabling
the vehicle defect notice to be cleared under section 530; and
(c) the
vehicle is not carrying goods or passengers; and
(d) the
use of the vehicle does not pose a safety risk.
(2) An authorised
officer may require a driver of the heavy vehicle to produce evidence of the
relevant repairs to the authorised officer within a reasonable time, and in a
reasonable way, stated by the officer.
(3) Subsection (1)
stops applying to the vehicle if the driver fails to comply with the
requirement.
(4) The use of the
heavy vehicle under subsection (1) is not a contravention of the vehicle
defect notice.
530—Clearance of major or minor defect notices
(1) A major defect
notice or minor defect notice may be cleared by the Regulator if—
(a) the
Regulator decides the vehicle is no longer a defective heavy vehicle; or
(b) the
Regulator receives a notice, in the approved form, from an authorised officer
stating that the heavy vehicle is no longer a defective heavy vehicle.
(2) If the Regulator
clears a major defect notice or minor defect notice applying to a heavy
vehicle, the Regulator must arrange for any defective vehicle label for the
vehicle to be removed from the vehicle.
531—Amendment or withdrawal of vehicle defect notices
(1) A vehicle defect
notice issued in this jurisdiction by an authorised officer who is a police
officer may be amended or withdrawn by any authorised officer who—
(a) is a
police officer of this jurisdiction; or
(b) is a
police officer of another jurisdiction if the Application Act of this
jurisdiction permits this to be done; or
(c) is
not a police officer but is of a class of authorised officers for the time
being approved by the Regulator for the purposes of this subsection.
(2) A vehicle defect
notice issued by an authorised officer who is not a police officer may be
amended or withdrawn by any authorised officer who is of a class of authorised
officers for the time being approved by the Regulator for the purposes of this
subsection.
(3) If an authorised
officer amends or withdraws a vehicle defect notice for a heavy vehicle, the
officer must give notice of the amendment or withdrawal to—
(a) the
Regulator; and
(b) one
of the following:
(i)
the person to whom the vehicle defect notice was given;
(ii)
the person in charge of the vehicle;
(iii)
the registered operator;
(iv)
if the vehicle is not registered—an owner.
(4) If the person
given the notice of amendment or withdrawal is not the operator of the
vehicle, the person must, as soon as reasonably practicable, give the notice
to the operator.
Maximum penalty: $3 000.
(5) If an authorised
officer withdraws a vehicle defect notice applying to a heavy vehicle, the
Regulator must arrange for the defective vehicle label for the vehicle to be
removed from the vehicle.
Division 7—Further powers in relation to heavy vehicles concerning
mass, dimension or loading requirements
532—Application of Division 7
This Division applies to a heavy vehicle regardless of whether the vehicle is,
has been, or becomes the subject of a direction or requirement given or made
by an authorised officer under another provision of this Chapter.
533—Powers for minor risk breach of mass, dimension or loading
requirement
(1) This section
applies if an authorised officer reasonably believes a heavy vehicle—
(a) is
the subject of 1 or more minor risk breaches of mass, dimension or loading
requirements; and
(b) is
not, or is no longer, also the subject of a substantial, or severe, risk
breach of a mass, dimension or loading requirement.
(2) If the authorised
officer reasonably believes it appropriate in the circumstances, the officer
may direct the driver or operator of the heavy vehicle—
(a) to
immediately rectify stated breaches of mass, dimension or loading requirements
relating to the vehicle; or
(b) to
move the vehicle, or cause it to be moved, to a stated place and not to move
the vehicle, or cause it to be moved, from there until stated breaches of
mass, dimension or loading requirements relating to the vehicle are rectified.
Examples of circumstances for the purposes of subsection (2)—
1 Rectification is reasonable and can be carried
out easily.
2 Rectification is necessary in the public
interest to avoid a safety risk, damage to road infrastructure or an adverse
effect on public amenity.
(3) A place mentioned
in subsection (2)(b) must be—
(a) a
place the authorised officer reasonably believes is suitable for the purpose
of complying with the direction; and
(b)
within a 30km radius from—
(i)
where the heavy vehicle is located when the direction is
given; or
(ii)
if the direction is given in the course of the heavy
vehicle's journey—any point along the forward route of the journey.
(4) If the authorised
officer does not give the driver or operator of a heavy vehicle a direction
under subsection (2) and the authorised officer reasonably believes the
driver or operator is not, or is no longer, subject to a direction for the
rectification of a minor risk breach of a mass, dimension or loading
requirement relating to the vehicle, the officer may authorise the driver or
operator to continue the vehicle's journey.
(5) A direction given
under subsection (2) must be in writing and may be given with or without
conditions.
(6) Despite
subsection (5), a direction to move a heavy vehicle may be given orally
if the moving of the vehicle is carried out in the presence, or under the
supervision, of an authorised officer.
(7) The person to whom
a direction is given under this section must comply with the direction, unless
the person has a reasonable excuse.
Maximum penalty: $10 000.
(8) In this
section—
stated means stated by the authorised officer.
534—Powers for substantial risk breach of mass, dimension or loading
requirement
(1) This section
applies if an authorised officer reasonably believes—
(a) a
heavy vehicle is the subject of 1 or more substantial risk breaches of mass,
dimension or loading requirements; and
(b) the
heavy vehicle is not, or is no longer, also the subject of a severe risk
breach of a mass, dimension or loading requirement.
(2) The authorised
officer must direct the driver or operator of the heavy vehicle—
(a) not
to move the vehicle until stated breaches of mass, dimension or loading
requirements relating to the vehicle are rectified; or
(b) to
move the vehicle, or cause it to be moved, to a stated reasonable place and
not to move it, or cause it to be moved, from there until stated breaches of
mass, dimension or loading requirements relating to the vehicle are rectified.
Examples of reasonable place for the purposes of paragraph (b)—
• the intended
destination of the heavy vehicle's journey
• a depot of the
heavy vehicle or, if the heavy vehicle is a combination, a depot of a vehicle
in the combination
• a weighbridge
• a rest area
• a place where
the heavy vehicle can be loaded or unloaded
(3) A direction given
under subsection (2) must be in writing and may be given with or without
conditions.
(4) Despite
subsection (3), a direction to move a heavy vehicle may be given orally
if the moving of the vehicle is carried out in the presence, or under the
supervision, of an authorised officer.
(5) The person to whom
a direction is given under this section must comply with the direction, unless
the person has a reasonable excuse.
Maximum penalty: $10 000.
(6) In this
section—
stated means stated by the authorised officer.
535—Powers for severe risk breach of mass, dimension or loading
requirement
(1) This section
applies if an authorised officer reasonably believes a heavy vehicle is the
subject of 1 or more severe risk breaches of mass, dimension or loading
requirements.
(2) The authorised
officer must direct the driver or operator of the heavy vehicle—
(a) not
to move the heavy vehicle until stated breaches of mass, dimension or loading
requirements relating to the vehicle are rectified; or
(b) if
the prescribed circumstances exist—
(i)
to move the vehicle, or cause it to be moved, to the
nearest stated safe location; and
(ii)
not to proceed from there until stated breaches of mass,
dimension or loading requirements relating to the vehicle are rectified.
(3) A direction given
under subsection (2) must be in writing and may be given with or without
conditions.
(4) Despite
subsection (3), a direction to move a heavy vehicle may be given orally
if the moving of the vehicle is carried out in the presence, or under the
supervision, of an authorised officer.
(5) The person to whom
a direction is given under this section must comply with the direction, unless
the person has a reasonable excuse.
Maximum penalty: $10 000.
(6) Nothing in this
section prevents an authorised officer from taking into account the safety of
the heavy vehicle or any load in it if the officer reasonably believes the
officer can do so without prejudicing the safety of other property, people,
the environment, road infrastructure or public amenity.
(7) In this
section—
prescribed circumstances means—
(a)
there is a risk of harm to public safety; or
(b)
there is an appreciable risk of harm to the environment, road infrastructure
or public amenity;
risk of harm to public safety , in relation to a heavy vehicle—
(a)
includes the risk of harm to the safety of people, or live animals, in the
vehicle; but
(b) does
not include the risk of harm to the safety of the vehicle or goods, other than
a live animal, in the vehicle;
safe location means a location where the authorised officer reasonably
believes the heavy vehicle will pose a reduced risk or no appreciable risk of
harm to public safety, the environment, road infrastructure or public amenity;
Example of a safe location—
• a depot of the
heavy vehicle or, if the heavy vehicle is a combination, a depot of a vehicle
in the combination
• a weighbridge
• a rest area
• a place where
the heavy vehicle can be loaded or unloaded
stated means stated by the authorised officer.
536—Operation of direction in relation to a combination
(1) This section
applies if a direction is given under this Division in relation to a heavy
combination.
(2) Subject to
subsection (3), nothing in this Division prevents a component vehicle of
the heavy combination from being separately driven or moved if—
(a) the
component vehicle is not itself the subject of a contravention of a mass,
dimension or loading requirement; and
(b) it
is not otherwise unlawful for the component vehicle to be driven or moved.
(3) Subsection (2)
does not apply if a condition of the direction prevents the component vehicle
from being separately driven or moved.
Division 8—Further powers in relation to fatigue-regulated heavy
vehicles
537—Application of Division 8
This Division applies to a fatigue-regulated heavy vehicle regardless of
whether the vehicle is, has been, or becomes the subject of a direction or
requirement given or made by an authorised officer under another provision of
this Chapter.
538—Requiring driver to rest for contravention of maximum work
requirement
(1) This section
applies if an authorised officer reasonably believes the driver of a
fatigue-regulated heavy vehicle has contravened a maximum work requirement by
working for a period in excess of the maximum work time allowed under the
requirement.
(2) If the authorised
officer reasonably believes the contravention is a critical risk breach or
severe risk breach, the authorised officer must, by notice, require the
driver—
(a) to
immediately rest for a stated period in accordance with a minimum rest
requirement applying to the driver; and
(b) to
work for a stated shorter period when the driver next works to compensate for
the excess period worked.
(3) If the authorised
officer reasonably believes the contravention is a substantial risk breach or
minor risk breach, the authorised officer may, by notice, require the
driver—
(a) to
immediately rest for a stated period in accordance with a minimum rest
requirement applying to the driver; and
(b) to
work for a stated shorter period when the driver next works to compensate for
the excess period worked.
(4) If the authorised
officer imposes a requirement under subsection (2) or (3), the authorised
officer must record details of the requirement in the driver's work diary.
Note—
Section 541 deals with the situation where the driver does not produce
the work diary or produces something as a work diary that the authorised
officer reasonably believes to be unacceptable.
539—Requiring driver to rest for contravention of minimum rest
requirement
(1) This section
applies if an authorised officer reasonably believes the driver of a
fatigue-regulated heavy vehicle has contravened a minimum rest requirement by
resting for a period shorter than the minimum rest time required under the
requirement.
(2) If the authorised
officer reasonably believes the contravention is a critical risk breach or
severe risk breach, the authorised officer must, by notice, require the
driver—
(a) to
immediately rest for a stated period to compensate for the shortfall between
the period of rest the driver had and the minimum rest time required under the
minimum rest requirement; and
(b) if
the driver has failed to have 1 or more night rest breaks required under a
minimum rest requirement—to have 1 or more night rest breaks to
compensate for the shortfall between the number of night rest breaks the
driver had and the number of night rest breaks required under the minimum rest
requirement.
(3) If the authorised
officer reasonably believes the contravention is a substantial risk breach or
minor risk breach, the authorised officer may, by notice, require the
driver—
(a) to
immediately rest for a stated period to compensate for the shortfall between
the period of rest the driver had and the minimum rest time required under the
minimum rest requirement; or
(b) to
rest for an additional stated period, at the next rest break the driver is
required to have under a maximum work requirement or minimum rest requirement,
to compensate for the shortfall between the period of rest the driver had and
the minimum rest time required under the minimum rest requirement; or
(c) if
the driver has failed to have 1 or more night rest breaks required under a
minimum rest requirement—to have 1 or more night rest breaks to
compensate for the shortfall between the number of night rest breaks the
driver had and the number of night rest breaks required under the minimum rest
requirement.
(4) If the authorised
officer imposes a requirement under subsection (2) or (3), the authorised
officer must record the details of the requirement in the driver's work diary.
Note—
Section 541 deals with the situation where the driver does not produce
the work diary or produces something as a work diary that the authorised
officer reasonably believes to be unacceptable.
540—Requiring driver to stop working if impaired by fatigue
(1) This section
applies if an authorised officer reasonably believes the driver of a
fatigue-regulated heavy vehicle is impaired by fatigue.
(2) The authorised
officer may, by notice—
(a)
require the driver to immediately stop work and not work again for a stated
period; and
(b) if
the officer has observed the driver driving in a way the officer considers on
reasonable grounds to be dangerous, require the driver to also immediately
stop being in control of the fatigue-regulated heavy vehicle.
(3) A stated period
under subsection (2)(a) must be a reasonable period having regard to the
matters prescribed for the purposes of this section by the national
regulations.
(4) If the authorised
officer imposes a requirement under subsection (2)(a), the authorised
officer must record details of the requirement in the driver's work diary.
Note—
Section 541deals with the situation where the driver does not produce the work
diary or produces something as a work diary that the authorised officer
reasonably believes to be unacceptable.
(5) If the authorised
officer imposes a requirement under subsection (2)(b), the authorised
officer may authorise a person to move the fatigue-regulated heavy vehicle to
a suitable rest place for fatigue-regulated heavy vehicles but only if the
person is qualified and fit to drive the vehicle.
(6) The national
regulations may prescribe the matters to which the authorised officer, or a
court, must or may have regard when deciding whether or not a person was
impaired by fatigue for the purposes of this section.
541—Requiring driver to stop working if work diary not produced or
unreliable
(1) This section
applies if—
(a) an
authorised officer has, under section 568, asked the driver of a
fatigue-regulated heavy vehicle to produce a work diary the driver is required
to keep under this Law; and
(b)
either—
(i)
the driver has failed to produce the diary without a
reasonable excuse; or
(ii)
the driver produces a document that the authorised
officer reasonably believes is not the work diary the driver is required to
keep under this Law; or
(iii)
the authorised officer reasonably believes the work
diary, or purported work diary, produced by the driver cannot be relied on as
an accurate record of the time the driver recently spent working or resting.
Examples for the purposes of subparagraph (iii)—
• Information in
the work diary appears to be incorrect.
• Particular
information appears to be missing from the work diary.
• The work diary
appears to have been tampered with.
(2) The authorised
officer may, by notice, require the driver to immediately stop work and to not
work again for a stated period of up to 24 hours.
542—Compliance with requirement under this Division
(1) A person given a
notice under this Division must comply with the notice, unless the person has
a reasonable excuse.
Maximum penalty: $10 000.
(2) An authorised
officer who gives a person a notice under section 538, 539 or 541 may, by
stating it in the notice, allow the person to delay complying with the notice
for a period of up to 1 hour if the authorised officer reasonably
believes—
(a) the
delay is necessary to allow the person time to drive the relevant
fatigue-regulated heavy vehicle to the nearest suitable rest place for
fatigue-regulated heavy vehicles and it is reasonably safe to allow the person
to continue driving the vehicle to that place; or
(b) the
delay is necessary to allow the person time to attend to, or to secure, the
load on the relevant fatigue-regulated heavy vehicle before resting.
Part 4—Other powers
Division 1—Powers relating to equipment
543—Power to use equipment to access information
(1) This section
applies if—
(a) a
thing found at a place, or in a vehicle, entered by an authorised officer
under this Chapter is, or includes, a disc, tape or other device used for
storing information (the storage device ); and
(b)
equipment at the place, or in the vehicle, may be used with the storage device
to access information on the storage device; and
(c) the
authorised officer reasonably believes information stored on the storage
device may be relevant for deciding whether this Law is being complied with.
(2) The authorised
officer, or a person helping the officer, may operate the equipment to access
the information.
(3) A person may
operate equipment under subsection (2) only if the person reasonably
believes the operation can be carried out without damaging the equipment.
Note—
See section 548 for action an authorised officer may take if the officer,
or a person helping the officer, finds a disc, tape or other device containing
information the officer reasonably believes is relevant for deciding whether
this Law has been contravened.
(4) In this
section—
equipment , at a place or in a vehicle, includes equipment taken into the
place or vehicle by the authorised officer.
544—Power to use equipment to examine or process a thing
(1) An authorised
officer, or a person helping an authorised officer, may operate equipment at a
place, or in a vehicle, entered under this Chapter to examine or process a
thing found at the place, or in the vehicle, in order to decide whether it is
a thing that may be seized under this Chapter.
(2) Also, for a heavy
vehicle entered under section 521, an authorised officer, or a person
helping the authorised officer, may, for deciding whether a thing may be
seized under section 547—
(a)
operate equipment in the vehicle to examine or process the thing; or
(b) move
the thing to another place if it is not practicable to examine or process the
thing where it is found, or the vehicle's driver consents in writing, and
operate equipment at that place to examine or process the thing.
(3) However,
subsections (1) and (2) only apply if the authorised officer or person
reasonably believes—
(a) the
equipment is suitable for exercising the power; and
(b) the
power can be exercised without damaging the equipment or thing.
(4) In this
section—
equipment , at a place or in a vehicle, includes equipment taken into the
place or vehicle by the authorised officer.
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
An authorised officer who enters a place the officer may enter under this
Chapter without the consent of its occupier and without a warrant may seize a
thing at the place if the officer reasonably believes the thing is evidence of
an offence against this Law.
546—Seizing evidence at a place that may be entered only with consent or
warrant
(1) This section
applies if—
(a) an
authorised officer is authorised to enter a place only with the consent of an
occupier at the place or a warrant; and
(b) the
authorised officer enters the place after obtaining the necessary consent or
under a warrant.
(2) If the authorised
officer enters the place with the occupier's consent, the officer may seize a
thing at the place if—
(a) the
officer reasonably believes the thing is evidence of an offence against this
Law; and
(b)
seizure of the thing is consistent with the purpose of entry as explained to
the occupier when asking for the occupier's consent.
(3) If the authorised
officer enters the place under a warrant, the officer may seize the evidence
for which the warrant was issued.
(4) The authorised
officer may also seize anything else at the place if the officer reasonably
believes—
(a) the
thing is evidence of an offence against this Law; and
(b) the
seizure is necessary to prevent the thing being—
(i)
hidden, lost or destroyed; or
(ii)
used to continue, or repeat, the offence.
547—Seizing evidence in a heavy vehicle entered under section 521
An authorised officer who enters a heavy vehicle under section 521 may
seize a thing in the heavy vehicle if the officer reasonably believes the
thing is evidence of an offence against this Law.
548—Additional seizure power relating to information stored
electronically
(1) This section
applies if, under this Chapter, an authorised officer, or a person helping an
authorised officer—
(a)
enters a place or heavy vehicle; and
(b)
finds a disc, tape or other device used for storing information (the original
information storage device ) containing information the authorised officer
reasonably believes is relevant for deciding whether this Law has been
contravened.
(2) The authorised
officer or person may—
(a) put
the information in documentary form and seize the document; or
(b) copy
the information from the original information storage device to another
information storage device and seize the other information storage device; or
(c)
seize the original information storage device and any equipment at the place
or in the vehicle necessary for accessing the information contained in the
device if—
(i)
it is not practicable to take action, at the place or in
the vehicle, under paragraph (a) or (b) in relation to the information;
and
(ii)
the officer or person reasonably believes the device and
equipment can be seized without being damaged.
549—Seizing thing or sample taken for examination under section 500
An authorised officer who takes a thing or sample for examination under
section 500(1)(c) may, after examining it, seize the thing or sample
if—
(a) the
officer reasonably believes the thing or sample is evidence of an offence
against this Law; and
(b) had
the officer had the reasonable belief when the thing or sample was taken, the
officer could have seized the thing or the thing from which the sample was
taken under section 545 to 548.
550—Seizure of property subject to security
(1) An authorised
officer may seize a thing under this Chapter, and exercise powers relating to
the thing, despite a lien or other security over it claimed by another person.
(2) However, the
seizure does not affect the other person's claim to the lien or other security
against a person other than the authorised officer or a person helping the
officer.
551—Seizure of number plates
(1) Without limiting
any other provision of this Chapter, a power under this Chapter for an
authorised officer to seize a thing includes a power to seize a number plate
for a heavy vehicle under subsection (2) or (3).
(2) An authorised
officer may seize a number plate (whether or not displayed on a heavy vehicle)
if the officer reasonably believes—
(a) that
the number plate is being used other than in accordance with an Australian
road law; or
(b) that
the number plate was not issued in accordance with an Australian road law.
(3) An authorised
officer may seize a number plate if it is displayed on a heavy vehicle and the
officer reasonably believes—
(a) that
the number plate does not bear the registration number last assigned to the
vehicle; or
(b)
that—
(i)
the vehicle is not registered or exempted from
registration; and
(ii)
the period during which the registration of the vehicle
may be renewed has expired.
(4) An authorised
officer may retain—
(a) a
number plate seized under subsection (2) until the officer is satisfied
that it was not being so used and that it was issued in accordance with an
Australian road law; or
(b) a
number plate seized under (3) until the officer is satisfied that
circumstances exist that allow it to be used without being subject to
retention under this subsection.
(5) An authorised
officer must return a number plate seized under subsection (2) or (3)
to—
(a) the
driver or operator of the vehicle, if the officer is satisfied as to the
relevant matters referred to in subsection (4); or
(b) an
appropriate authority, if the officer is not satisfied as to those matters
after a reasonable period.
(6) The national
regulations may prescribe, or prescribe guidelines for determining, an
appropriate authority for the purposes of subsection (5).
552—Restriction on power to seize certain things
(1) This Chapter does
not authorise an authorised officer to seize—
(a) a
heavy vehicle; or
(b) a
thing, or a thing of a class, prescribed by the national regulations.
(2) Subsection (1)
does not apply if the Application Act of the participating jurisdiction in
which the vehicle or thing is located provides that the heavy vehicle or thing
can be impounded or seized under a law of that jurisdiction.
Subdivision 2—Powers to support seizure
553—Requirement of person in control of thing to be seized
(1) To enable a thing
to be seized under this Chapter, an authorised officer may require the person
in control of it—
(a) to
take it to a stated reasonable place by a stated reasonable time; and
(b) if
necessary, to remain in control of it at the stated place for a stated
reasonable period.
(2) The
requirement—
(a) must
be made by notice; or
(b) if
for any reason it is not practicable to give a notice, may be made orally and
confirmed by notice as soon as practicable.
(3) A person of whom a
requirement is made under this section must comply with the requirement,
unless the person has a reasonable excuse.
Maximum penalty: $10 000.
Subdivision 3—Safeguards for seized things or samples
554—Receipt for seized thing or sample
(1) This section
applies if an authorised officer seizes a thing or sample under this Chapter
unless—
(a) it
is impracticable or unreasonable for the officer to account for the thing or
sample given its condition, nature and value; or
(b) for
a thing seized other than under section 549—the officer reasonably
believes there is no-one apparently in possession of the thing or the thing
has been abandoned.
(2) The authorised
officer must, as soon as practicable after the thing or sample is seized, give
the relevant person for the thing or sample a receipt that generally describes
the thing or sample and its condition.
(3) However, for a
thing seized other than under section 549, if a relevant person for the
thing is not present when the thing is seized, the receipt may be given by
leaving it in a conspicuous position and in a reasonably secure way at the
place at which the thing was seized.
(4) The receipt may
relate to more than 1 seized thing.
(5) In this
section—
relevant person means—
(a) for
a thing or sample seized under section 549—
(i)
an owner of the thing or sample; or
(ii)
a person in possession of the thing, or the thing from
which the sample was taken, before the thing or sample was taken for
examination under section 500(1)(c); or
(b) for
a thing seized under this Chapter other than under section 549—
(i)
an owner of the thing; or
(ii)
a person in possession of the thing before it was seized.
555—Access to seized thing
(1) Until a thing
seized under this Chapter is forfeited or returned, the authorised officer who
seized the thing must allow any owner of the thing—
(a) to
inspect it at any reasonable time and from time to time; and
(b) if
it is a document—to copy it.
(2)
Subsection (1) does not apply if it is impracticable or would be
unreasonable to allow the inspection or copying.
(3) The inspection or
copying must be allowed free of charge.
556—Return of seized things or samples
(1) This section
applies if—
(a) an
authorised officer has seized a thing or sample under this Chapter; and
(b) the
thing or sample is not forfeited under Division 3.
(2) If an authorised
officer is satisfied that—
(a) the
thing or sample is not required (or is no longer required) as evidence of an
offence against this Law; and
(b) the
continued retention of the thing or sample is not necessary to prevent the
thing or sample being used to continue, or repeat, an offence against this
Law; and
(c) the
thing or sample is not subject to a dispute as to ownership, which would be
appropriately resolved by making an application under subsection (3) for
the return of the thing or sample,
the authorised officer must exercise reasonable diligence to return the thing
or sample to the person from whom it was seized or to the owner if that person
is not entitled to possess it.
(3) An application for
the return of the thing or sample may be made to the relevant tribunal or
court by—
(a) the
person from whom it was seized; or
(b) a
person who claims to be the owner; or
(c) an
authorised officer.
(4) If the relevant
tribunal or court is satisfied that—
(a) the
thing or sample is not required (or is no longer required) as evidence of an
offence against this Law; and
(b) the
continued retention of the thing or sample is not necessary to prevent the
thing or sample being used to continue, or repeat, an offence against this
Law; and
(c)
there are no reasonable grounds to suspect that the thing or sample is likely
to be used by any person in the commission of an offence of a kind prescribed
by the national regulations for the purposes of this subsection,
the relevant tribunal or court may make an order for the return of the thing
or sample to the person from whom it was seized or to the owner if that person
is not entitled to possess it.
(5) The national
regulations may—
(a)
provide for the procedures to be followed when an application is made under
subsection (3); and
(b)
without limiting paragraph (a)—
(i)
provide for the notification of the Regulator or an
authorised officer (or both) of the making of the application if it is made by
a person who is not an authorised officer; and
(ii)
specify the information that is to be included in the
notification.
(6) Nothing in this
section affects a lien or other security over a thing.
(7) Nothing in this
section prevents the return of a thing or sample to its owner at any time if
the Regulator considers there is no reason for its continued retention.
Subdivision 4—Embargo notices
557—Power to issue embargo notice
(1) This section
applies if—
(a) an
authorised officer may seize a thing under this Chapter; and
(b) the
thing cannot, or cannot readily, be physically seized and removed.
(2) The authorised
officer may issue a notice (an embargo notice ) under this section prohibiting
any dealing with the thing or any part of it without the written consent of
the Regulator or an authorised officer.
(3) The embargo
notice—
(a) must
be in the approved form; and
(b) must
list the activities it prohibits; and
(c) must
include a copy of section 558.
(4) The authorised
officer may issue the embargo notice—
(a) by
causing a copy of it to be served on the relevant entity; or
(b) if a
relevant entity cannot be located after the authorised officer exercises
reasonable diligence to do so, by fixing a copy of the notice on the thing the
subject of the notice in a conspicuous position and in a reasonably secure
way.
(5) In this
section—
dealing , with a thing or part of a thing, includes—
(a)
moving, selling, leasing or transferring the thing or part; and
(b)
changing information on, or deleting information from, the thing or part;
relevant entity , for an embargo notice, means—
(a) the
driver of the heavy vehicle to which the thing the subject of the notice
relates; or
(b) the
occupier of the place in which the thing the subject of the notice is located.
558—Noncompliance with embargo notice
(1) A person (the
relevant person ) who knows an embargo notice relates to a thing must
not—
(a) do
anything the notice prohibits; or
(b)
instruct someone else (the other person ) to do anything the notice
prohibits—
(i)
anyone from doing; or
(ii)
the relevant person or other person from doing.
Maximum penalty: $10 000.
(2) In a proceeding
for an offence against subsection (1) to the extent it relates to a
charge that the person charged with the offence ( defendant ) moved an
embargoed thing, or a part of an embargoed thing, it is a defence for the
defendant to prove that he or she—
(a)
moved the embargoed thing, or part, to protect or preserve it; and
(b)
notified the authorised officer who issued the embargo notice of the move and
new location of the embargoed thing, or part, within 48 hours after the
move.
(3) A person served
with an embargo notice must ensure, so far as is reasonably practicable,
another person does not do anything prohibited by the notice.
Maximum penalty: $10 000.
(4) Despite any other
Act or law, a sale, lease, transfer or other dealing with an embargoed thing
in contravention of this section is void.
559—Power to secure embargoed thing
(1) An authorised
officer may take reasonable action to restrict access to an embargoed thing.
(2) For the purposes
of subsection (1), the authorised officer may, for example—
(a) seal
the embargoed thing, or the entrance to the place where the embargoed thing is
located, and mark the thing or place to show access to the thing or place is
restricted; or
(b) for
equipment—make it inoperable; or
Example—
dismantling equipment or removing a component of equipment without which the
equipment cannot be used
(c)
require a person the authorised officer reasonably believes is in control of
the embargoed thing, or the place where the embargoed thing is located, to do
an act mentioned in paragraph (a) or (b) or anything else an authorised
officer could do under subsection (1).
(3) A person of whom a
requirement is made under subsection (2)(c) must comply with the
requirement, unless the person has a reasonable excuse.
Maximum penalty: $10 000.
(4) If access to an
embargoed thing is restricted under this section, a person must not tamper
with the thing or with anything used to restrict access to the thing
without—
(a) an
authorised officer's approval; or
(b) a
reasonable excuse.
Maximum penalty: $10 000.
(5) If access to a
place is restricted under this section, a person must not enter the place in
contravention of the restriction or tamper with anything used to restrict
access to the place without—
(a) an
authorised officer's approval; or
(b) a
reasonable excuse.
Maximum penalty: $10 000.
(6) The restricted
access to an embargoed thing, or a place where an embargoed thing is located,
under this section applies only for the period the thing is an embargoed
thing.
560—Withdrawal of embargo notice
(1) This section
applies if—
(a) an
authorised officer has issued an embargo notice for a thing; and
(b) the
thing has not been forfeited under Division 3.
(2) The authorised
officer must withdraw the embargo notice—
(a)
generally—at the end of 3 months after it is issued; or
(b) if a
relevant tribunal or court has made an order under subsection (5)
extending the time for withdrawing the notice—at the end of the extended
time; or
(c) if a
proceeding for an offence involving the thing is started before the notice
must be withdrawn under paragraph (a) or (b)—at the end of the
proceeding and any appeal from the proceeding.
(3) Despite
subsection (2), if the embargo notice is issued on the basis that the
thing may provide evidence of an offence against this Law, the authorised
officer must as soon as practicable withdraw the notice if the officer is
satisfied—
(a) the
thing is no longer required as evidence of an offence against this Law; and
(b) it
is not necessary for the notice to continue to prevent the thing being used to
continue, or repeat, the offence.
(4) An authorised
officer may apply to a relevant tribunal or court within 3 months after
the embargo notice is issued for an extension of the time by which the notice
must be withdrawn under this section.
(5) The relevant
tribunal or court may order the extension if it is satisfied the continued
operation of the embargo notice is necessary for investigation purposes.
Division 3—Forfeiture and transfers
561—Power to forfeit particular things or samples
(1) If, under this
Chapter, a thing or sample is taken for examination by an authorised officer
or a person authorised by an authorised officer, or a thing or sample is
seized by an authorised officer, the Regulator may decide it is forfeited to
the Regulator if an authorised officer—
(a)
after making reasonable inquiries, cannot find its owner; or
(b)
after making reasonable efforts, cannot return it to its owner.
(2) However, the
authorised officer is not required to—
(a) make
inquiries if it would be unreasonable to make inquiries to find the owner; or
(b) make
efforts if it would be unreasonable to make efforts to return the thing or
sample to its owner.
Example for the purposes of paragraph (b)—
the owner of the thing or sample has migrated to another country
(3) Regard must be had
to the thing's or sample's condition, nature and value in deciding—
(a)
whether it is reasonable to make inquiries or efforts; and
(b) if
inquiries or efforts are made—what inquiries or efforts, including the
period over which they are made, are reasonable.
(4) A thing or sample
seized under this Chapter by a police officer cannot be forfeited to the
Regulator but must be dealt with under—
(a) the
national regulations, except as provided by paragraph (b); or
(b)
applicable legislation of the relevant State or Territory.
562—Information notice for forfeiture decision
(1) If the Regulator
decides under section 561(1) to forfeit a thing or sample, the Regulator
must as soon as practicable give an information notice for the decision
to—
(a) the
person from whom the thing or sample was seized; and
(b) the
person who was the owner of the thing or sample immediately before the
forfeiture; and
(c) each
person having a registered interest in the thing or sample.
(2) The information
notice may be given—
(a) by
post; or
(b) in
the case of the person from whom the thing or sample was seized, by leaving
the notice in a conspicuous position and in a reasonably secure way at—
(i)
for a thing or sample taken for examination, whether or
not it is seized under section 549—the place where the thing or
sample was taken; or
(ii)
for a thing or sample seized under this Chapter other
than under section 549—the place where the thing or sample was
seized.
(3) However,
subsection (2)(b) does not apply if the place is—
(a) a
public place; or
(b) a
place where the notice is unlikely to be read by the person for whom it is
intended.
563—Forfeited or transferred thing or sample becomes property of the
Regulator
A thing or sample becomes the property of the Regulator if—
(a) the
thing or sample is forfeited to the Regulator under section 561(1); or
(b) the
owner of the thing or sample and the Regulator agree, in writing, to the
transfer of the ownership of the thing or sample to the Regulator.
564—How property may be dealt with
(1) This section
applies if, under section 563, a thing or sample becomes the property of
the Regulator.
(2) The Regulator may
take action under this section after giving 28 days' notice of the intention
to do so to—
(a) the
person from whom the thing or sample was seized; and
(b) the
person who was the owner of the thing or sample immediately before the
forfeiture; and
(c) each
person having a registered interest in the thing or sample.
(3) The Regulator may
deal with the thing or sample as the Regulator considers appropriate,
including, for example, by destroying it or giving it away.
(4) The Regulator must
not deal with the thing or sample in a way that could prejudice the outcome of
a review of the decision to forfeit the thing or sample, or an appeal against
the decision on that review, under this Law.
(5) If the Regulator
sells the thing or sample, the Regulator may, after deducting the costs of the
sale, return the proceeds of the sale to the person who was the owner of the
thing or sample immediately before the forfeiture.
565—Third party protection
(1) This section
applies if, under section 563, a thing or sample becomes the property of
the Regulator and applies to the following parties:
(a) the
owner of the thing or sample, except where the owner gave consent under
section 563(b);
(b) a
person who has a registered interest in the thing or sample.
(2) A party mentioned
in subsection (1) may apply to a relevant tribunal or court for an
order—
(a) that
ownership of the thing or sample be transferred to the applicant, if the
applicant had full ownership of the thing or sample immediately before the
thing or sample became the property of the Regulator under section 561;
or
(b)
that, if the applicant had a registered interest in the thing or sample
immediately before it became the property of the Regulator—
(i)
the thing or sample be sold; and
(ii)
the Regulator pay to the applicant, and any other persons
with a registered interest in the thing or sample, an amount commensurate with
the value of their respective interest.
(3) If the thing or
sample has been sold or otherwise disposed of, the Regulator must pay
to—
(a) an
applicant who had a registered interest in the thing or sample immediately
before the thing or sample was sold or otherwise disposed of, an amount
commensurate with the value of the applicant's interest; or
(b) an
applicant who was an owner of the thing or sample, the amount obtained through
its sale or disposal.
(4) Leave of the
relevant tribunal or court is required to bring an application if 6 months or
more have elapsed since the thing or sample became the property of the
Regulator.
(5) The relevant
tribunal or court may grant leave under subsection (4) only if it is
satisfied that the delay in making the application was not due to the
applicant's neglect.
(6) The relevant
tribunal or court may make an order—
(a)
declaring the nature, extent and, if necessary for the order, the value (at
the time the declaration is made) of the applicant's registered interest; and
(b)
directing the Regulator—
(i)
if the thing or sample is vested in the Regulator and the
applicant has full ownership of the thing or sample, to transfer ownership of
the thing or sample to the applicant; or
(ii)
if the thing or sample is no longer vested in the
Regulator, or if the applicant does not have full ownership of the thing or
sample, to pay to the applicant the value of the applicant's registered
interest in the thing or sample.
(7) The relevant
tribunal or court may make an order under subsection (6) only if it is
satisfied that the offence with respect to which the thing or sample was
seized occurred without the knowledge or consent of the applicant.
(8) Any amount to be
paid under this section is to be paid out of the proceeds (if any) of the sale
of the thing or sample.
(9) The Regulator may
deduct any reasonable costs incurred in dealing with the thing or sample from
an amount ordered to be paid under this section.
566—National regulations
The national regulations may prescribe—
(a) the
circumstances in which the Regulator must apply to the Registrar of Personal
Property Securities under the Personal Property Securities Act 2009 of the
Commonwealth to register, amend or cancel an instrument in relation to a
sample or thing referred to in this Division; and
(b) the
priority in which the proceeds of the disposal of anything under this Division
are to be applied.
Division 4—Information-gathering powers
567—Power to require name, address and date of birth
(1) This section
applies if an authorised officer—
(a)
finds a person committing an offence against this Law; or
(b)
finds a person in circumstances that lead the officer to reasonably suspect
the person has committed an offence against this Law; or
(c) has
information that leads the officer to reasonably suspect a person has
committed an offence against this Law; or
(d)
reasonably suspects a person is or was the driver of or other person in charge
of a heavy vehicle that has been or may have been involved in an incident
involving the death of, or injury to, a person or damage to property; or
(e)
reasonably suspects a person is or may be a responsible person for a heavy
vehicle; or
(f)
reasonably suspects a person is or may be able to help in the investigation of
an offence against this Law.
(2) The authorised
officer may require the person to state the person's name, address and date of
birth.
(3) The authorised
officer may also require the person to give evidence of the correctness of the
stated name, address or date of birth if—
(a) the
officer reasonably suspects that the stated name, address or date of birth is
incorrect; and
(b) in
the circumstances, it would be reasonable to expect the person to—
(i)
be in possession of evidence of the correctness of the
stated name, address or date of birth; or
(ii)
otherwise be able to give the evidence.
(4) A person of whom a
requirement is made under subsection (2) or (3) must comply with the
requirement, unless the person has a reasonable excuse.
Maximum penalty: $3 000.
(5) If a person of
whom a requirement is made under subsection (2) or (3) requests, when the
requirement is made, the authorised officer to produce the officer's
identification details, the officer must as soon as practicable produce for
the inspection of the person—
(a) for
an authorised officer who is a police officer—an identity card or other
document evidencing the officer's appointment as a police officer; or
(b) for
an authorised officer who is not a police officer—the identity card
issued to the officer under this Law or another document evidencing the
officer's appointment as an authorised officer.
(6) Subsection (5)(a)
does not apply to a police officer in uniform.
(7) In a proceeding
for an offence of contravening a requirement made under subsection (2) to
state a business address, it is a defence for the person charged to prove
that—
(a) the
person did not have a business address; or
(b) the
person's business address was not connected, directly or indirectly, with road
transport involving heavy vehicles.
(8) This section does
not authorise an authorised officer to impose a requirement under this section
in relation to an incident that involves the death of, or injury to, a person
unless the authorised officer is a police officer.
(9) In this
section—
address , of a person, includes the person's residential and business address
and, for a person temporarily in this jurisdiction, includes the place where
the person is living in this jurisdiction.
568—Power to require production of document etc required to be in
driver's possession
(1) This section
applies if a heavy vehicle—
(a) is
stationary on a road; or
(b) is
in or at a place entered by an authorised officer under Chapter 9
Part 2; or
(c) has
been stopped under section 513.
(2) An authorised
officer may, for compliance purposes, require the driver of the heavy vehicle
to produce for inspection by the officer—
(a) if
the driver is required by another law of this jurisdiction to keep their
driver licence in their possession while driving the vehicle—the
driver's driver licence; or
(b) a
document, device or other thing the driver is required under this Law to keep
in the driver's possession while driving the vehicle.
Examples—
• a copy of a
Commonwealth Gazette notice or permit
• a work diary
Note—
Section 17 of Schedule 1 and section 490 deal with the
production of documents and other information kept electronically.
(3) A person of whom a
requirement is made under subsection (2) must comply with the
requirement, unless the person has a reasonable excuse.
Maximum penalty:
(a) for
a requirement under subsection (2)(a)—$6 000; or
(b) for
a requirement under subsection (2)(b)—an amount equal to the amount
of the maximum penalty for an offence of failing to keep the document, device
or other thing in the driver's possession.
(4) It is not a
reasonable excuse for the person to fail to comply with a requirement made
under subsection (2)—
(a) that
the person does not have the licence, document, device or other thing in his
or her immediate possession; or
(b) that
complying with the requirement might tend to incriminate the person or make
the person liable to a penalty.
Note—
Section 587 also deals with self-incrimination when complying with a
requirement of an authorised officer.
(5) The authorised
officer may—
(a) take
a copy of, or an extract from, a licence or document mentioned in
subsection (2); or
(b)
produce an image or writing from a document mentioned in subsection (2)
that is an electronic document; or
(c) take
an extract from a device or other thing mentioned in subsection (2),
including, for example—
(i)
by taking a copy of, or an extract from, a readout or
other data obtained from the device or other thing; or
(ii)
by accessing and downloading information from the device
or other thing; or
(d)
seize a document, device or other thing mentioned in subsection (2) if
the authorised officer reasonably believes the document, device or other thing
may provide evidence of an offence against this Law.
(6) If, under
subsection (5), the authorised officer copies, takes an extract from, or
produces an image or writing from, a licence or document or an entry in a
document, the officer may require the person responsible for keeping the
licence or document to certify the copy as a true copy of the licence,
document or entry.
(7) A person of whom a
requirement is made under subsection (6) must comply with the
requirement, unless the person has a reasonable excuse.
Maximum penalty: $3 000.
(8) If a licence,
document, device or other thing is produced to an authorised officer under
this section and it is not seized under subsection (5)(d), the officer
must return it to the person who produced it—
(a) as
soon as practicable after the officer inspects it; or
(b) if
the officer takes a copy of, extract from, or produces an image or writing
from, it under subsection (5)(a), (b) or (c), as soon as practicable
after the copy or extract is taken or the image or writing is produced.
(9) However, if a
requirement is made of the person under subsection (6) for a document,
the authorised officer may keep the document until the person complies with
the requirement.
569—Power to require production of documents etc generally
(1) An authorised
officer may require a responsible person for a heavy vehicle to make available
for inspection by an authorised officer, or to produce to an authorised
officer for inspection, at a reasonable time and place nominated by the
officer—
(a) a
document issued to the person under this Law; or
(b) a
document, device or other thing required to be kept by the person under this
Law or a heavy vehicle accreditation; or
(c)
transport documentation or journey documentation in the person's possession or
under the person's control; or
(d) a
document in the person's possession or under the person's control relating
to—
(i)
the use, performance or condition of a heavy vehicle; or
(ii)
the ownership, insurance, licensing or registration of a
heavy vehicle; or
(iii)
the load or equipment carried or intended to be carried
by a heavy vehicle, including, for example, a document relating to insurance
of the load or equipment; or
(e) a
document in the person's possession or under the person's control relating to
any business practices; or
(f) a
document in the person's possession or under the person's control showing that
a heavy vehicle's garage address recorded on a vehicle register, however
named, kept under another Australian road law is or is not the vehicle's
actual garage address.
Note—
Section 17 of Schedule 1 and section 490 deal with the
production of documents and other information kept electronically.
(2) A person of whom a
requirement is made under subsection (1) must comply with the
requirement, unless the person has a reasonable excuse.
Maximum penalty: $6 000.
(3) If, under
subsection (1), an authorised officer requires a responsible person to
make available or produce an electronic document—
(a) the
authorised officer may require the responsible person to make available or
produce—
(i)
a printed copy of the electronic document; or
(ii)
an electronic copy of the document; and
(b)
compliance with the requirement made under subsection (1) requires the
making available or production of the document in the way required under
paragraph (a).
Notes—
1 See the definitions
document and printed in section 12 of Schedule 1.
2 Section 17 of
Schedule 1 and section 490 also deal with the production of
documents and other information kept electronically.
(4) It is not a
reasonable excuse for the person to fail to comply with a requirement made
under subsection (1) that complying with the requirement might tend to
incriminate the person or make the person liable to a penalty.
Notes—
1 Section 587
also deals with self-incrimination when complying with a requirement of an
authorised officer.
2 Section 588
deals with the admissibility of information provided in complying with a
requirement under this section.
(5) The authorised
officer may—
(a) take
a copy of, or an extract from, a document mentioned in subsection (1); or
(b)
produce an image or writing from a document mentioned in subsection (1)
that is an electronic document; or
(c) take
an extract from a device or other thing mentioned in subsection (1)(b),
including, for example—
(i)
by taking a copy of, or an extract from, a readout or
other data obtained from the device or other thing; or
(ii)
by accessing and downloading information from the device
or other thing; or
(d)
seize a document, device or other thing mentioned in subsection (1) if
the authorised officer reasonably believes the document, device or other thing
may provide evidence of an offence against this Law.
(6) If, under
subsection (5), the authorised officer copies, takes an extract from, or
produces an image or writing from, a document or an entry in a document, the
officer may require the person responsible for keeping the document to certify
the copy as a true copy of the document or entry.
(7) A person of whom a
requirement is made under subsection (6) must comply with the
requirement, unless the person has a reasonable excuse.
Maximum penalty: $3 000.
(8) If a document,
device or other thing is produced to an authorised officer under this section
and it is not seized under subsection (5)(d), the officer must return it
to the person who produced it—
(a) as
soon as practicable after the officer inspects it; or
(b) if
the officer takes a copy of, extract from, or produces an image or writing
from, it under subsection (5)(a), (b) or (c), as soon as practicable
after the copy or extract is taken or the image or writing is produced.
(9) However, if a
requirement is made of the person under subsection (6) for a document,
the authorised officer may keep the document until the person complies with
the requirement.
570—Power to require information about heavy vehicles
(1) An authorised
officer may, for compliance purposes, require a responsible person for a heavy
vehicle to give the officer—
(a)
information about the vehicle or any load or equipment carried or intended to
be carried by the vehicle; or
(b)
personal details known to the responsible person about any other responsible
person for the vehicle; or
(c)
personal details known to the responsible person about anyone else the
responsible person reasonably believes holds information about the heavy
vehicle.
Note—
Section 17 of Schedule 1 and section 490 deal with the
production of documents and other information kept electronically.
(2) Without limiting
subsection (1), a responsible person who is associated with a particular
vehicle may be required to provide information about a past, current or
intended journey of the vehicle, including, for example, the following:
(a) the
location of the start or intended start of the journey;
(b) the
route or intended route of the journey;
(c) the
location of the destination or intended destination of the journey.
(2a) An authorised
officer requiring personal details under subsection (1)(c) must give the
responsible person a notice stating—
(a) that
the requirement is made under this section; and
(b) that
failing to comply with the requirement is an offence; and
(c) the
time, that is reasonable in the circumstances, in which the person must give
the personal details; and
(d) the
effect of subsection (5a) and section 735A.
(3) A person of whom a
requirement is made under subsection (1) must comply with the
requirement, unless the person has a reasonable excuse.
Maximum penalty: $6 000.
(4) Without limiting
what may be a reasonable excuse for the purposes of subsection (3), in a
proceeding for an offence of contravening a requirement under
subsection (1), it is a defence for the person charged to prove that the
person did not know, and could not be reasonably expected to know or
ascertain, the required information.
(5) It is not a
reasonable excuse for a person to fail to comply with a requirement made under
subsection (1) that complying with the requirement might tend to
incriminate the person or make the person liable to a penalty.
Note—
Section 587 also deals with self-incrimination when complying with a
requirement of an authorised officer.
(5a) However, the
following information is not admissible as evidence against an individual in a
civil or criminal proceeding, other than a proceeding for false or misleading
information:
(a)
information, other than information in the form of a document, that the
individual gives in complying with a requirement under subsection (1)(c);
(b)
information that is directly or indirectly derived from information to which
paragraph (a) applies.
Note—
Section 588 deals with the admissibility of information provided in
complying with a requirement under subsection (1)(a) and (b).
(6) In this
section—
personal details , about a responsible person, means—
(a) the
person's name; or
(b) the
person's residential address or business address;
responsible person , for a heavy vehicle, for the exercise of a power under
this section in relation to a speeding offence, does not include—
(a) a
person mentioned in section 5, definition responsible person , paragraph
(i), (j), (k) or (n); or
Note—
Those paragraphs deal with persons who pack, load or unload goods or
containers, and owners and operators etc of weighbridges or weighbridge
facilities.
(b) an
employer, employee, agent or subcontractor of that person;
speeding offence means an offence committed by the driver of a heavy vehicle
because the driver exceeded a speed limit applying to the driver.
570A—Requiring information
(1) This section
applies if an authorised officer reasonably believes that a person is capable
of giving information, providing documents or giving evidence—
(a) in
relation to a possible contravention of—
(i)
a safety duty; or
(ii)
a duty of an executive under section 26D; or
(b) that
will assist the authorised officer to monitor or enforce compliance
with—
(i)
a safety duty; or
(ii)
a duty of an executive under section 26D.
Note—
Section 17 of Schedule 1 and section 490 deal with the
production of documents and other information kept electronically.
(2) The authorised
officer may, by notice, require the person to give the information, documents
or evidence to the authorised officer.
(3) If the authorised
officer, despite reasonable diligence, has not been able to obtain the
information, documents or evidence under subsection (2), the authorised
officer may, by notice given to the person, require the person to do either or
both of the following:
(a) give
information or produce documents to the authorised officer within the time and
in the way stated in the notice;
(b)
appear before a person appointed by the authorised officer on a day, and at a
time and place, stated in the notice and give oral evidence.
(4) The notice must
state—
(a)
that—
(i)
the requirement is made under this section; and
(ii)
failing to comply with the requirement is an offence; and
(b) if
the notice requires the person to give information or produce documents to the
authorised officer—the time and way, that is reasonable in the
circumstances, in which the person must give the information or documents; and
(c) if
the notice requires the person to give oral evidence—
(i)
the day, time and place, that is reasonable in the
circumstances, for the person to appear before the person appointed by the
authorised officer; and
(ii)
that the person may appear with an Australian legal
practitioner; and
(d) the
effect of—
(i)
subsections (7) and (8);
(ii)
section 735A.
(5) The person must
comply with a requirement under this section, unless the person has a
reasonable excuse.
Maximum penalty: $10 000.
(6) It is not a
reasonable excuse for the person to fail to comply with a requirement made
under this section on the ground that complying with the requirement might
tend to incriminate the person or make the person liable to a penalty.
Note—
Section 587 also deals with self-incrimination when complying with a
requirement of an authorised officer.
(7) However, the
following information, documents and evidence are not admissible as evidence
against an individual in a civil or criminal proceeding, other than a
proceeding for false or misleading information:
(a)
information, documents and evidence that the individual gives in complying
with a requirement under this section;
(b)
information, documents and evidence that is directly or indirectly derived
from information, documents or evidence mentioned in paragraph (a).
(8) An authorised
officer may act under this section only if—
(a) for
an authorised officer who is a police officer—the officer has the
relevant police commissioner's written authority to act under this section; or
(b) for
an authorised officer who is not a police officer—the officer's
instrument of appointment provides that the authorised officer may act under
this section.
Division 5—Improvement notices
571—Authorised officers to whom Division applies
(1) This Division
applies to an authorised officer who is a police officer only if the police
officer has the relevant police commissioner's written authority to issue
improvement notices under this Division.
(2) This Division
applies to an authorised officer who is not a police officer only if the
officer's instrument of appointment provides that the authorised officer may
issue improvement notices under this Division.
572—Improvement notices
(1) This section
applies if an authorised officer reasonably believes a person has contravened
or is contravening a provision of this Law in circumstances that make it
likely that the contravention will continue or be repeated.
(2) The authorised
officer may give the person a notice (an improvement notice ) requiring the
person to take action within a stated period to stop the contravention from
continuing or occurring again or to remedy the matters or activities
occasioning the contravention.
(3) The period stated
in the improvement notice within which the person is required to comply with
the notice must be at least 7 days after the notice is given unless the
authorised officer is satisfied it is reasonable to require the person to
comply with the notice in a shorter period because—
(a) it
is reasonably practicable for the person to comply with the notice within the
shorter period; and
(b)
requiring the person to comply with the notice within the shorter period is
not likely to involve—
(i)
a higher cost to the person to comply with the notice; or
(ii)
a more adverse effect on the person's business
operations.
(4) The improvement
notice must be in the approved form and state the following:
(a) that
the authorised officer reasonably believes the person has contravened or is
contravening a provision of this Law in circumstances that make it likely that
the contravention will continue or be repeated;
(b) the
reasons for that belief;
(c) the
provision of this Law in relation to which that belief is held;
(d) that
the person must take action within a stated period to stop the contravention
from continuing or occurring again or to remedy the matters or activities
occasioning the contravention;
(e) the
review and appeal information for the decision to give the notice;
(f) that
the notice is given under this section.
(5) The improvement
notice may state the way the action is to be taken.
573—Contravention of improvement notice
(1) A person given an
improvement notice must comply with the notice, unless the person has a
reasonable excuse.
Maximum penalty: $10 000.
(2) In a proceeding
for an offence against subsection (1), it is a defence for the person
charged to prove that the alleged contravention, or the matters or activities
occasioning the alleged contravention, were remedied within the period stated
in the improvement notice, though in a way different to that stated in the
notice.
(3) A person who is
given an improvement notice in relation to a contravention of a provision of
this Law cannot be proceeded against for an offence constituted by the
contravention unless—
(a) the
person fails to comply with the improvement notice and does not have a
reasonable excuse for the noncompliance; or
(b) the
improvement notice is revoked under section 575.
574—Amendment of improvement notice
(1) An improvement
notice given by an authorised officer who is a police officer may be amended
by any authorised officer who is a police officer and who has the relevant
police commissioner's written authority to issue improvement notices under
this Division.
(2) An improvement
notice given by an authorised officer who is not a police officer may be
amended by any authorised officer who is not a police officer.
(3) An amendment of an
improvement notice given to a person is ineffective to the extent it purports
to deal with a contravention of a different provision of this Law to that
dealt with in the improvement notice when first given.
(4) If an authorised
officer decides to amend an improvement notice given to a person, the officer
must give the person notice of the amendment stating the following:
(a) the
amendment;
(b) the
reasons for the amendment;
(c) the
review and appeal information for the decision to amend the improvement
notice.
Note—
Section 23 of Schedule 1 allows for the amendment of an improvement
notice.
575—Revocation of an improvement notice
(1) An improvement
notice given to a person by an authorised officer who is a police officer may
be revoked, by giving notice of the revocation to the person, by—
(a) the
relevant police commissioner; or
(b) an
authorised officer who—
(i)
is a police officer; and
(ii)
has the relevant police commissioner's written authority
to issue improvement notices under this Division; and
(iii)
is more senior in rank to the police officer who gave the
notice to the person.
(2) An improvement
notice given to a person by an authorised officer who is not a police officer
may be revoked by the Regulator by giving notice of the revocation to the
person.
(3) Section 23 of
Schedule 1 does not apply in relation to the revocation of the
improvement notice.
576—Clearance certificate
(1) An approved
authorised officer may issue a certificate (a clearance certificate ) stating
that all or stated requirements of an improvement notice have been complied
with.
(2) If a person to
whom an improvement notice is given receives a clearance certificate about the
improvement notice, each requirement of the improvement notice that the
certificate states has been complied with stops being operative.
approved authorised officer means—
(a) for
an improvement notice given by an authorised officer who is a police
officer—any authorised officer who is a police officer and who has the
relevant police commissioner's written authority to issue improvement notices
under this Division; or
(b) for
an improvement notice given by an authorised officer who is not a police
officer—any authorised officer who is not a police officer.
Division 5A—Prohibition notices
576A—Power to issue prohibition notice
(1) This section
applies if an authorised officer reasonably believes that an activity
involving a heavy vehicle—
(a) is
occurring and involves, or will involve, an immediate or imminent serious risk
to the health or safety of a person; or
(b) may
occur and, if it occurs, will involve an immediate or imminent serious risk to
the health or safety of a person.
(2) The authorised
officer may give a person who has control over the activity a direction
prohibiting the carrying on of the activity, or the carrying on of the
activity in a specified way, until an authorised officer is satisfied that the
matters that give or will give rise to the risk have been remedied.
(3) The direction may
be given orally, but must be confirmed by written notice (a prohibition notice
) given to the person as soon as practicable.
576B—Contents of prohibition notice
(1) A prohibition
notice must state—
(a) that
the authorised officer believes that grounds for the issue of the prohibition
notice exist and the basis for that belief; and
(b)
briefly, the activity that the authorised officer believes involves or will
involve the risk and the matters that give or will give rise to the risk; and
(c) the
provision of this Law that the authorised officer believes is being, or is
likely to be, contravened by that activity.
(2) A prohibition
notice may include directions on the measures to be taken to remedy the risk,
activities or matters to which the notice relates, or the contravention or
likely contravention mentioned in subsection (1)(c).
(3) Without limiting
section 576A, a prohibition notice that prohibits the carrying on of an
activity in a specified way may do so by stating 1 or more of the
following:
(a) a
heavy vehicle, or part of a heavy vehicle, in which the activity is not to be
carried out;
(b)
anything that is not to be used in connection with the activity;
(c) any
procedure that is not to be followed in connection with the activity.
576C—Compliance with prohibition notice
A person given a direction under section 576A(2) or a prohibition notice
must comply with the direction or notice.
Maximum penalty: $10 000.
Division 5B—Injunctions
576D—Application of Division 5B
In this Division—
notice means an improvement notice or a prohibition notice.
576E—Injunction for noncompliance with notice
(1) An authorised
officer may apply to the Supreme Court for an injunction—
(a)
compelling a person to comply with a notice; or
(b)
restraining a person from contravening a notice.
(2) The authorised
officer may do so—
(a)
whether or not a proceeding has been brought for an offence against this Law
in connection with any matter in relation to which the notice was issued; and
(b)
whether any period for compliance with the notice has expired.
(3) An authorised
officer may make an application under this section only if—
(a) for
an authorised officer who is a police officer—the officer has the
relevant police commissioner's written authority to make the application; or
(b) for
an authorised officer who is not a police officer—the officer's
instrument of appointment provides that the authorised officer may make the
application.
Division 6—Power to require reasonable help
577—Power to require reasonable help
(1) An authorised
officer who enters a place under this Chapter may require an occupier of the
place or a person at the place to give the officer reasonable help to exercise
a power under this Chapter.
(2) An authorised
officer who is exercising a power under this Chapter in relation to a heavy
vehicle on a road may require the vehicle's driver to give the officer
reasonable help to exercise the power.
(3) Without limiting
subsection (1) or (2), a requirement under the subsection may be that the
occupier, person or driver—
(a)
produce a document or give information to the authorised officer; or
Example—
The authorised officer wishes to obtain information relating to the purpose of
the entry. Information of that type is stored or recorded on a computer at the
place. The authorised officer may require the occupier to give reasonable help
to produce a reproduction of the information from the computer.
Note—
Section 17 of Schedule 1 and section 490 deal with the
production of documents and other information kept electronically.
(b) help
the authorised officer to find and gain access to a document or information,
including electronically stored information; or
Examples of documents or information—
• a document
about the heavy vehicle's performance, specifications (including the
dimensions and other physical attributes of the vehicle or its fittings),
functional capabilities (including the vehicle's GVM, GCM and speed
capabilities) or authorised operations required to be kept in the vehicle
under this Law or a heavy vehicle accreditation
• a weighing
document for a container loaded on to the heavy vehicle
• a telephone
record
(c) help
the authorised officer to weigh or measure—
(i)
a heavy vehicle or a component of a heavy vehicle; or
(ii)
the whole or part of a heavy vehicle's load or equipment;
or
(d)
start or stop the engine of a heavy vehicle under section 523; or
(e) help
the authorised officer to operate equipment or facilities for a purpose
relevant to the power being or proposed to be exercised; or
(f)
provide access free of charge to photocopying equipment for the purpose of
copying any records or other material.
(4) A person of whom a
requirement is made under subsection (1) or (2) must comply with the
requirement, unless the person has a reasonable excuse.
Maximum penalty: $10 000.
(5) Without limiting
what may be a reasonable excuse for the purposes of subsection (4), it is
a reasonable excuse for a person not to comply with a requirement made under
subsection (1) or (2) if doing so would require the person to take action
that is outside the scope of the business or other activities of the person.
(6) It is not a
reasonable excuse for a person to fail to comply with a requirement made under
subsection (1) or (2), in relation to a document or information that is
the subject of the requirement, if doing so might tend to incriminate the
person or make the person liable to a penalty.
Notes—
1 Section 587
also deals with self-incrimination when complying with a requirement of an
authorised officer.
2 Section 588
deals with the admissibility of information provided in complying with a
requirement under this section.
(7) If a requirement
made under subsection (1) or (2) is that the occupier of, or person at, a
place start or stop the engine of a heavy vehicle—
(a) it
is immaterial that the occupier or person is not—
(i)
the operator of the vehicle; or
(ii)
authorised by the operator to drive the vehicle or start
or stop its engine; or
(iii)
qualified to drive the vehicle or start or stop its
engine; and
(b) in
starting or stopping the engine of the vehicle in compliance with the
requirement, the occupier or person is exempt from a provision of an
Australian road law to the extent the provision would require the occupier or
person to be qualified to start or stop the engine.
Part 5—Provisions about exercise of powers
Division 1—Damage in exercising powers
578—Duty to minimise inconvenience or damage
(1) In exercising a
power under this Law, an authorised officer must exercise reasonable diligence
to cause as little inconvenience, and do as little damage, as possible.
(2) Subsection (1)
does not provide for a statutory right of compensation other than as provided
under Division 2.
Note—
Division 2 provides for compensation for costs, damage or loss incurred
because of the exercise of a power by an authorised officer under this
Chapter.
579—Restoring damaged thing
(1) This section
applies if—
(a) an
authorised officer damages something when exercising, or purporting to
exercise, a power under this Law and the damage was caused by an improper or
unreasonable exercise of the power or the use of unauthorised force; or
(b) a
person (the assistant ) acting under the direction or authority of an
authorised officer damages something and the damage was caused by an improper
or unreasonable exercise of a power or the use of unauthorised force.
(2) The authorised
officer must exercise reasonable diligence to restore the thing to the
condition it was in immediately before the officer exercised the power, or the
assistant took action under the officer's direction or authority.
580—Notice of damage
(1) This section
applies if—
(a) an
authorised officer damages something when exercising, or purporting to
exercise, a power under this Law; or
(b) a
person (the assistant ) acting under the direction or authority of an
authorised officer damages something.
(2) However, this
section does not apply to damage if the authorised officer reasonably
believes—
(a) the
thing has been restored to the condition it was in immediately before the
officer exercised the power, or the assistant took action under the officer's
direction or authority; or
(b) the
damage is trivial; or
(c)
there is no-one apparently in possession of the thing; or
(d) the
thing has been abandoned; or
(e) the
damage was not caused by an improper or unreasonable exercise of a power or
the use of unauthorised force.
(3) The authorised
officer must give notice of the damage to the person who appears to the
officer to be an owner, or person in control, of the thing.
(4) However, if for
any reason it is not practicable to comply with subsection (3), the
authorised officer must—
(a)
leave the notice at the place where the damage happened; and
(b)
ensure it is left in a conspicuous position and in a reasonably secure way.
(5) The notice must
state—
(a)
particulars of the damage; and
(b) that
the person who suffered the damage may claim compensation under
section 581.
(6) If the authorised
officer believes the damage was caused by a latent defect in the thing or
circumstances beyond the control of the officer or the assistant the officer
may state the belief in the notice.
(7) The authorised
officer may delay complying with subsection (3) or (4) if the officer
reasonably suspects complying with the subsection may frustrate or otherwise
hinder an investigation by the officer under this Law.
(8) The delay may be
only for so long as the authorised officer continues to have the reasonable
suspicion and remains in the vicinity of the place.
Division 2—Compensation
581—Compensation because of exercise of powers
(1) A person may claim
compensation from the Regulator if the person incurs costs, damage or loss
because of the exercise, or purported exercise, of a power by or for an
authorised officer, including costs, damage or loss incurred because of
compliance with a requirement made of the person under this Chapter.
(2) However,
subsection (1) does not apply—
(a) to
costs, damage or loss incurred because of a lawful seizure or forfeiture; or
(b) if
the costs, damage or loss was not caused by an improper or unreasonable
exercise of a power or the use of unauthorised force.
(3) The compensation
may be claimed and ordered in a proceeding—
(a)
brought in a court with jurisdiction for the recovery of the amount of
compensation claimed; or
(b) for
an offence against this Law in relation to which the power was exercised or
purportedly exercised.
(4) A court may order
the payment of compensation only if it is satisfied it is just to make the
order in the circumstances of the particular case.
(5) In considering
whether it is just to order compensation, the court must have regard to any
relevant offence committed by the claimant.
(6) The national
regulations may prescribe other matters that may, or must, be taken into
account by the court when considering whether it is just to order
compensation.
Division 3—Provision about exercise of particular powers
582—Duty to record particular information in driver's work diary
(1) This section
applies if, under this Law, an authorised officer directs the driver of a
fatigue-regulated heavy vehicle to stop the vehicle for compliance purposes.
(2) If, for the
exercise or purported exercise of a power under this Law, the authorised
officer detains the driver for 5 minutes or longer, the driver may ask the
officer to record the following details in the driver's work diary:
(a) the
officer's identifying details;
(b) the
time, date and place at which the driver stopped the heavy vehicle in
compliance with the officer's direction;
(c) the
length of time the driver spent talking to the officer in the exercise or
purported exercise of a power under this Law.
(3) The authorised
officer must comply with the request.
(4) An authorised
officer complies with subsection (2)(a) by recording either his or her
name, or his or her identification number.
Part 6—Miscellaneous provisions
Division 1—Powers of Regulator
583—Regulator may exercise powers of authorised officers
(1) The Regulator may
exercise a power that is conferred on authorised officers under this Law, and
accordingly, the functions of the Regulator include the powers exercisable by
the Regulator under this subsection.
(2) Subsection (1)
does not apply to a power that requires the physical presence of an authorised
officer.
Division 2—Other offences relating to authorised officers
584—Obstructing authorised officer
(1) A person must not
obstruct—
(a) an
authorised officer, or someone helping an authorised officer, exercising a
power under this Law; or
(b) an
assistant mentioned in section 518, 519 or 523 exercising a power under
that section.
Maximum penalty: $10 000.
(2) In this
section—
obstruct includes assault, hinder, resist, attempt to obstruct and threaten to
obstruct.
585—Impersonating authorised officer
A person must not impersonate an authorised officer.
Maximum penalty: $10 000.
Division 3—Other provisions
586—Multiple requirements
An authorised officer may—
(i)
give more than 1 direction or notice to, or make more
than 1 requirement of, a person under a provision of this Chapter; or
(ii)
give a direction or notice to, or make a requirement of,
a person under a provision of this Chapter and give a direction or notice to,
or make a requirement of, the person under 1 or more other provisions of this
Chapter; or
(b) give
a direction or notice to, or make a requirement of, a person under a provision
and give a further direction or notice to, or make a further requirement of,
the person under the same provision; or
(ba)
give a notice to a person in relation to a heavy vehicle under a provision of
this Chapter and give a notice to a person in relation to the same heavy
vehicle under the same provision or 1 or more other provisions of this
Chapter; or
(c) make
a combination of directions, notices or requirements under
paragraph (a)(i) or (ii), (b) or (ba).
587—Compliance with particular requirements
(1) A person is not
excused from compliance with a requirement imposed by an authorised officer
under this Chapter on the ground that compliance might incriminate the person
or make the person liable to a penalty.
(2) Subsection (1) has
effect subject to section 588.
588—Evidential immunity for individuals complying with particular
requirements
(1) This section
applies to a requirement made by an authorised officer under
section 569(1)(c) to (f), 570(1)(a) and (b) or 577.
(2) The following is
not admissible in evidence against an individual in a criminal proceeding
(except a proceeding for an offence against this Chapter):
(a)
information, other than information in the form of a document, that the
individual gives in complying with the requirement;
(b)
information that is directly or indirectly derived from information to which
paragraph (a) applies.
(3) Any document
produced by an individual in compliance with the requirement is not
inadmissible in evidence against the individual in a criminal proceeding on
the ground that the document might incriminate the individual.
(4) Subsection (2)
does not apply to a proceeding about the false or misleading nature of
anything in the information or in which the false or misleading nature of the
information is relevant evidence.
589—Effect of withdrawal of consent to enter under this Chapter
(1) This section
applies if—
(a) an
authorised officer enters a place with the occupier's consent and has obtained
evidence at the place; but
(b) the
occupier's consent is later withdrawn.
(2) The evidence
obtained (including any evidence seized) up to the time the consent is
withdrawn is not invalid or inadmissible in proceedings for a contravention of
this Law merely because the consent was withdrawn.
Chapter 10—Sanctions and provisions about liability for offences
Part 1—Formal warnings
590—Formal warning
(1) This section
applies if an authorised officer reasonably believes—
(a) a
person has contravened this Law; and
(b) the
person had exercised reasonable diligence to prevent the contravention and was
unaware of the contravention; and
(c) the
contravention may appropriately be dealt with by way of a warning under this
section.
(2) The authorised
officer may give the person a written warning.
(3) However, a warning
must not be given for—
(a) a
contravention of a mass, dimension or loading requirement constituting a
substantial risk breach or severe risk breach; or
(b) a
contravention of a maximum work requirement or a minimum rest requirement
constituting a substantial risk breach, severe risk breach or a critical risk
breach.
(4) Subject to
subsection (6), if a warning is given to a person under this section for
a contravention of this Law, the person cannot be proceeded against for an
offence against this Law constituted by the contravention.
(5) A warning given
under this section may, within 21 days after it is given, be withdrawn by
an approved authorised officer by giving the person to whom the warning was
given notice of the withdrawal.
(6) After a warning
given under this section is withdrawn under subsection (5), a proceeding
may be taken against the person to whom the warning was given for the
contravention for which the warning was given.
(7) In this
section—
approved authorised officer means—
(a) for
a warning given under this section by an authorised officer who is a police
officer—an authorised officer who is a police officer and who has the
relevant police commissioner's written authority to withdraw warnings given
under this section; or
(b) for
a warning given under this section by an authorised officer who is not a
police officer—an authorised officer whose instrument of appointment
provides that the authorised officer may withdraw warnings given under this
section;
proceeding includes action by way of an infringement notice.
Part 1A—Enforceable undertakings
590A—Accepting undertaking
(1) This section
applies if a person contravenes or is alleged to have contravened this Law,
other than section 26F.
(2) The Regulator or
an authorised officer (the promisee ) may accept an undertaking made by the
person in relation to the contravention or alleged contravention.
(3) The undertaking
must be in the approved form.
(4) The promisee may
accept the undertaking only if the promisee reasonably believes the
undertaking will ensure the person complies with this Law.
(5) The promisee may
accept the undertaking at any time before the proceeding for the
contravention, or alleged contravention, ends.
(6) If the promisee
accepts an undertaking before the proceeding ends, the promisee must use
reasonable diligence to have the proceeding discontinued as soon as possible.
(7) The promisee must
give the person written notice of—
(a) the
promisee's decision to accept or reject the undertaking; and
(b) the
reasons for the decision.
(8) If the promisee
decides to accept the undertaking and the promisee is not the Regulator, the
promisee must give the following documents to the Regulator within
28 days after accepting the undertaking:
(a) a
copy of the undertaking;
(b) a
statement of the reasons for the promisee's decision to accept the
undertaking.
(9) The Regulator must
publish the following information on the Regulator's website:
(a) a
promisee's decision to accept an undertaking under this section;
(b) the
reasons for the decision.
(10) An authorised
officer may act under this section only if—
(a) for
an authorised officer who is a police officer—the officer has the
relevant police commissioner's written authority to act under this section; or
(b) for
an authorised officer who is not a police officer—the officer's
instrument of appointment provides that the authorised officer may act under
this section.
590B—Effect of undertaking
(1) An undertaking
takes effect—
(a) when
the promisee gives notice of the decision to accept the undertaking to the
person who made the undertaking; or
(b) at a
later time stated in the notice.
(2) While the
undertaking is in effect, the person must comply with the undertaking.
Maximum penalty: $10 000.
(3) If the person
complies with the undertaking, no proceeding for the contravention or alleged
contravention may be taken against the person.
(4) The offer to make,
or the making of, an undertaking is not an admission of guilt by the person
offering to make, or making, the undertaking.
590C—Withdrawing or changing undertaking
(1) The person who
made an undertaking may, at any time, with the written agreement of the
promisee—
(a)
withdraw the undertaking; or
(b)
change the undertaking.
(2) However, the
provisions of the undertaking may not be changed to provide for a different
contravention or alleged contravention of this Law.
(3) If the promisee is
not the Regulator, the promisee must give notice of the withdrawal or change
of the undertaking to the Regulator.
(4) The Regulator must
publish notice of the withdrawal or change on the Regulator's website.
590D—Contravening undertaking
(1) The promisee may
apply to a relevant tribunal or court for an order if the person who made an
undertaking fails to comply with the undertaking.
(2) If the relevant
tribunal or court is satisfied the person has failed to comply with the
undertaking, the relevant tribunal or court, as well as imposing any penalty,
may make—
(a) an
order directing the person to comply with the undertaking; or
(b) an
order discharging the undertaking.
(3) Also, the relevant
tribunal or court may make any other order that the tribunal or court
considers appropriate in the circumstances, including an order directing the
person to pay to the State—
(a) the
costs of the proceeding; and
(b) the
reasonable costs of the promisee in monitoring whether the person complies
with the undertaking in the future.
(4) Nothing in this
section prevents a proceeding being taken for the contravention or alleged
contravention to which the undertaking relates.
Part 2—Infringement notices
591—Infringement notices
(1) An authorised
officer who reasonably believes that a person has committed a prescribed
offence against this Law may serve the person with an infringement notice
issued as an alternative to prosecution in court for the offence.
(2) The procedures to
be followed in connection with infringement notices issued for the purposes of
this Law as applied in this jurisdiction are to be the procedures prescribed
by or under the Infringement Notice Offences Law of this jurisdiction.
(3) In this
section—
prescribed offence means an offence prescribed by a law of this jurisdiction
for the purposes of this section.
592—Recording information about infringement penalties
(1) The Regulator may
keep a record of—
(a) each
infringement notice issued for the purposes of this Law; and
(b) the
payment of a fine sought by an infringement notice by a person to whom the
notice is issued for the purposes of this Law.
(2) Information in a
record kept under subsection (1) may be used only—
(a) to
accumulate aggregate data for research or education; or
(b) in a
proceeding relating to the offence for which the infringement notice was
issued, including, for example, an appeal against the conviction for the
offence; or
(d) for
the purposes of section 601(b) or 608(b); or
(e) as
authorised under subsection (3).
(3) Information in a
record kept under subsection (1)(a) may be used by authorised officers in
connection with the exercise of functions under this Law.
Part 3—Court sanctions
Division 1—General provisions
593—Penalties court may impose
(1) A court that finds
a person guilty of an offence against this Law may impose any 1 or more of the
penalties provided for in this Part.
(2) Without limiting
the court's discretion, when imposing 2 or more penalties under this Part, the
court must take into account the combined effect of the penalties imposed.
(3) This Part does not
limit the powers or discretion of the court under another law.
594—Matters court must consider when imposing sanction for noncompliance
with mass, dimension or loading requirement
(1) The purpose of
this section is to bring to a court's attention the implications and
consequences of a contravention of a mass, dimension or loading requirement
when deciding the kind and level of sanction to be imposed for the
contravention.
(2) In deciding the
sanction, including the level of a fine, to be imposed for the contravention,
the court must consider the following matters:
(a) a
minor risk breach of a mass, dimension or loading requirement involves either
or both of the following:
(i)
an appreciable risk of accelerated road wear;
(ii)
an appreciable risk of unfair commercial advantage;
(b) a
substantial risk breach of a mass, dimension or loading requirement involves 1
or more of the following:
(i)
a substantial risk of accelerated road wear;
(ii)
an appreciable risk of damage to road infrastructure;
(iii)
an appreciable risk of increased traffic congestion;
(iv)
an appreciable risk of diminished public amenity;
(v)
a substantial risk of unfair commercial advantage;
(c) a
severe risk breach of a mass, dimension or loading requirement involves 1 or
more of the following:
(i)
an appreciable risk of harm to public safety or the
environment;
(ii)
a serious risk of accelerated road wear;
(iii)
a serious risk of damage to road infrastructure;
(iv)
a serious risk of increased traffic congestion;
(v)
a serious risk of diminished public amenity;
(vi)
a serious risk of unfair commercial advantage.
(3) This section does
not limit the matters the court may consider in deciding the sanction for the
contravention.
(4) Nothing in this
section authorises or requires the court to assign the contravention to a
different risk category.
(5) Nothing in this
section requires evidence to be adduced about a matter mentioned in
subsection (2).
595—Court may treat noncompliance with mass, dimension or loading
requirement as a different risk category
(1) If a court is
satisfied there has been a contravention of a mass, dimension or loading
requirement but is not satisfied the contravention is a substantial risk
breach or a severe risk breach, the court may treat the contravention as a
minor risk breach.
(2) If a court is
satisfied there has been a contravention of a mass, dimension or loading
requirement and that the contravention is at least a substantial risk breach
but is not satisfied the contravention is a severe risk breach, the court may
treat the contravention as a substantial risk breach.
Division 2—Provisions about imposing fines
596—Body corporate fines under penalty provision
(1) This section
applies to a provision of this Law that—
(a)
prescribes a maximum fine for an offence; and
(b) does
not expressly prescribe a maximum fine for a body corporate different to the
maximum fine for an individual.
(2) The maximum fine
is taken only to be the maximum fine for an individual.
(3) If a body
corporate is found guilty of the offence, the court may impose a maximum fine
of an amount equal to 5 times the maximum fine for an individual.
Division 2A—Injunctions
596A—Injunctions
If a court convicts a person of an offence against this Law, the court may
issue an injunction requiring the person to cease contravening this Law.
Note—
An injunction may also be obtained under section 576E for noncompliance
with an improvement notice or prohibition notice.
Division 3—Commercial benefits penalty orders
597—Commercial benefits penalty order
(1) If a court
convicts a person of an offence against this Law, the court may, on
application by the prosecutor, make an order (a commercial benefits penalty
order ) requiring the person to pay, as a fine, an amount not exceeding
3 times the amount estimated by the court to be the gross commercial
benefit—
(a)
received or receivable, by the person or by an associate of the person, from
the commission of the offence; and
(b) for
a journey that was interrupted or not commenced because of action taken by an
authorised officer in connection with the commission of the offence—that
would have been received or receivable, by the person or by an associate of
the person, from the commission of the offence had the journey been completed.
(2) In estimating the
gross commercial benefit, the court may take into account—
(a)
benefits of any kind, whether or not monetary; and
(b) any
other matters it considers relevant, including, for example—
(i)
the value of any goods involved in the offence; and
(ii)
the distance over which the goods were, or were to be,
carried.
(3) However, in
estimating the gross commercial benefit, the court must disregard any costs,
expenses or liabilities incurred by the person or by an associate of the
person.
(4) Nothing in this
section prevents the court from ordering payment of an amount that is less
than the estimated gross commercial benefit.
Division 4—Cancelling or suspending registration
598—Power to cancel or suspend vehicle registration
(1) This section
applies if a court convicts a person of—
(a) an
offence against this Law relating to a contravention of a mass, dimension or
loading requirement constituting a severe risk breach; or
(b) an
offence against this Law other than an offence relating to a contravention of
a mass, dimension or loading requirement.
(2) The court may make
an order that the registration of a heavy vehicle in relation to which the
offence was committed and of which the person is a registered operator
is—
(a)
cancelled; or
(b)
suspended for a stated period.
(3) If the court makes
an order under subsection (2) against a person, the court may also make
an order that the person, or an associate of the person, is disqualified from
applying for the registration of the heavy vehicle for a stated period.
(4) If the court
considers that another person who is not present in court may be substantially
affected by an order under subsection (2) or (3), the court may issue a
summons to that person to show cause why the order should not be made.
(5) The court is to
ensure that the registration authority for the heavy vehicle is notified of
the decision to make an order under subsection (2) or (3) and the terms
of the order, but failure to do so does not invalidate the decision or the
order.
Division 5—Supervisory intervention orders
599—Application of Division 5
This Division applies if a court—
(a)
convicts a person (the convicted person ) of an offence against this Law; and
(b)
considers the person to be, or likely to become, a systematic or persistent
offender of this Law having regard to the circumstances of offences against
this Law and previous corresponding laws for which the person has previously
been convicted.
600—Court may make supervisory intervention order
(1) The court may, on
application by the prosecutor or the Regulator, make an order (a supervisory
intervention order ) requiring the convicted person, at the person's own
expense and for a stated period of not more than 1 year, to do 1 or more of
the following:
(a)
stated things the court considers will improve the person's compliance with
this Law, or stated aspects of this Law, including, for example—
(i)
appointing staff to, or removing staff from, particular
positions; or
(ii)
training and supervising staff; or
(iii)
obtaining expert advice about maintaining compliance with
this Law, or stated aspects of this Law; or
(iv)
installing equipment for monitoring or managing
compliance with this Law, or stated aspects of this Law, including, for
example, intelligent transport system equipment; or
(v)
implementing practices, systems or procedures for
monitoring or ensuring compliance with this Law, or stated aspects of this
Law;
(b)
implement stated practices, systems or procedures for monitoring or ensuring
compliance with this Law, or stated aspects of this Law, subject to the
direction of the Regulator or a person nominated by the Regulator;
(c) give
compliance reports about the convicted person to the Regulator or the court
(or both), in a stated way and for stated periods;
(d)
appoint a person to have the following responsibilities:
(i)
helping the convicted person to improve the convicted
person's compliance with this Law or stated aspects of this Law;
(ii)
monitoring the convicted person's compliance with this
Law or stated aspects of this Law and with the order;
(iii)
giving compliance reports about the convicted person to
the Regulator or the court (or both), in a stated way and for stated periods.
(2) In this
section—
compliance report , about a person in relation to whom a supervisory
intervention order is made, means a report about the person's compliance with
this Law, stated aspects of this Law, or the order, including, for example, a
report containing stated information about—
(a)
things done by the person to ensure compliance with this Law or stated aspects
of this Law; and
(b) the
effect of the things mentioned in paragraph (a).
601—Limitation on making supervisory intervention order
The court may make a supervisory intervention order only if the court is
satisfied the order is capable of improving the convicted person's ability or
willingness to comply with this Law having regard to—
(a) the
offences against this Law or a previous corresponding law for which the person
has previously been convicted; and
(b) the
offences against this Law or a previous corresponding law for which the person
has been proceeded against by way of unwithdrawn infringement notices; and
(c) any
other offences or other matters that the court considers relevant to the
person's conduct in connection with road transport.
602—Supervisory intervention order may suspend other sanctions
(1) A supervisory
intervention order may direct that any other penalty or sanction imposed for
the offence to which it relates is suspended until the order ends unless the
court decides there has been a substantial failure to comply with the order.
(2) For the purposes
of subsection (1), a court may decide that a failure to comply with a
supervisory intervention order is a substantial failure if the failure causes,
or creates a risk of, serious harm to public safety, the environment or road
infrastructure.
603—Amendment or revocation of supervisory intervention order
A court that makes a supervisory intervention order may, on application by the
Regulator or the person to whom the order applies, amend or revoke the order
if the court is satisfied there has been a change in circumstances warranting
the amendment or revocation.
604—Contravention of supervisory intervention order
A person to whom a supervisory intervention order applies must comply with the
order, unless the person has a reasonable excuse.
Maximum penalty: $10 000.
605—Effect of supervisory intervention order if prohibition order
applies to same person
(1) This section
applies if both a supervisory intervention order and a prohibition order is in
force at the same time against the same person.
(2) The supervisory
intervention order has no effect while the prohibition order has effect.
Division 6—Prohibition orders
606—Application of Division 6
This Division applies if a court—
(a)
convicts a person (the convicted person ) of an offence against this Law; and
(b)
considers the person to be, or likely to become, a systematic or persistent
offender of this Law having regard to the circumstances of offences against
this Law and previous corresponding laws for which the person has previously
been convicted.
607—Court may make prohibition order
(1) The court may, on
application by the prosecutor or the Regulator, make an order (a prohibition
order ) prohibiting the convicted person, for a stated period of not more than
1 year, from having a stated role or responsibility associated with road
transport.
(2) However, the court
cannot make a prohibition order prohibiting the convicted person from driving
a vehicle or having a vehicle registered or licensed under an Australian road
law in the convicted person's name.
608—Limitation on making prohibition order
The court may make a prohibition order only if the court is satisfied the
convicted person should not continue to have the role or responsibilities
prohibited by the order, and that a supervisory intervention order is not
appropriate, having regard to—
(a) the
offences against this Law or a previous corresponding law for which the person
has previously been convicted; and
(b) the
offences against this Law or a previous corresponding law for which the person
has been proceeded against by way of unwithdrawn infringement notices; and
(c) any
other offences or other matters that the court considers relevant to the
person's conduct in connection with road transport.
609—Amendment or revocation of prohibition order
A court that makes a prohibition order may, on application by the Regulator or
the person to whom the order applies, amend or revoke the order if the court
is satisfied there has been a change in circumstances warranting the amendment
or revocation.
610—Contravention of prohibition order
A person to whom a prohibition order applies must comply with the order,
unless the person has a reasonable excuse.
Maximum penalty: $10 000.
Division 7—Compensation orders
611—Court may make compensation order
(1) A court that
convicts a person (the convicted person ) of an offence against this Law may
make an order (a compensation order ) requiring the convicted person to pay
the road manager for a road, by way of compensation, an amount the court
considers appropriate for loss incurred, or likely to be incurred, by the road
manager for damage caused to road infrastructure as a result of the offence.
(2) A compensation
order may be made on the application of the prosecutor, the Regulator or the
road manager.
(3) The court may make
a compensation order in relation to damage the court considers, on the balance
of probabilities, was caused or partly caused by the commission of the
offence.
(4) The court may make
a compensation order—
(a) when
the court gives its sentence for the offence; or
(b) at a
later time, but not after the end of the period within which a proceeding for
the offence must start under this Law.
Note—
See section 707A for the period within which a proceeding for an offence
against this Law, other than an indictable offence, must start.
612—Assessment of compensation
(1) In making a
compensation order, the court may assess the amount of compensation required
to be paid by the order in the way it considers appropriate, including, for
example, by reference to the estimated cost of remedying the damage.
(2) In assessing the
amount of compensation, the court may have regard to—
(a)
evidence adduced in connection with the prosecution of the offence; and
(b) any
evidence not adduced in connection with the prosecution of the offence but
adduced in connection with the making of the order; and
(c) if
the road manager is a public authority—
(i)
any certificate of the public authority stating that the
authority is responsible for maintaining the road infrastructure in relation
to which the order is sought; and
(ii)
any other certificate of the public authority, including,
for example, a certificate—
(A) estimating the monetary value of all or
part of the road infrastructure in relation to which the order is sought; or
(B) estimating the monetary value of, or
the cost of remedying, the damage to the road infrastructure in relation to
which the order is sought; or
(C) estimating the extent to which the
commission of the offence contributed to the damage to the road infrastructure
in relation to which the order is sought; and
(d) any
other matters the court considers relevant.
(3) A person who
purportedly signs a certificate of a type mentioned in subsection (2)(c)
on behalf of a public authority is presumed, unless the contrary is proved, to
have been authorised by the public authority to sign the certificate on the
public authority's behalf.
613—Use of certificates in assessing compensation
(1) If a public
authority proposes to submit a certificate mentioned in section 612(2)(c)
in a proceeding for the making of a compensation order, the public authority
must give a copy of the certificate to the defendant at least 28 days
before the day fixed for the hearing of the proceeding.
(2) A certificate of
the public authority cannot be used in a proceeding for the making of a
compensation order unless the public authority has complied with
subsection (1).
(3) A defendant who
intends to challenge a matter stated in a certificate mentioned in
section 612(2)(c) in a proceeding for the making of a compensation order
must—
(a) give
the public authority notice of the intention to challenge the matter; and
(b) if
the defendant is intending to challenge the accuracy of any measurement,
analysis or reading in the certificate—
(i)
state the reason why the defendant alleges that it is
inaccurate; and
(ii)
state the measurement, analysis or reading that the
defendant considers to be correct.
(a)
signed by the defendant; and
(b)
given at least 14 days before the day fixed for the hearing of the proceeding.
(5) A defendant cannot
challenge a matter stated in a certificate mentioned in section 612(2)(c)
in a proceeding for the making of a compensation order unless—
(a) the
defendant has complied with subsections (3) and (4); or
(b) the
court gives leave to the defendant to challenge the matter, in the interests
of justice.
614—Limits on amount of compensation
(1) If, in making a
compensation order, the court is satisfied that the commission of the offence
concerned contributed to damage to road infrastructure but that other factors
not connected with the commission of the offence also contributed to the
damage, the court must limit the amount of compensation payable under the
order to the amount it assesses as being attributable to the defendant's
conduct.
(2) The amount of
compensation payable under a compensation order cannot exceed the monetary
jurisdictional limit of the court in civil proceedings.
(3) The court may not
include in a compensation order any amount for—
(a)
personal injury or death; or
(b) loss
of income (whether suffered by the road manager or another entity); or
(c)
damage to property that is not part of the road infrastructure concerned.
615—Costs
The court has the same power to award costs in relation to proceedings for the
making of a compensation order as it has in relation to civil proceedings, and
the relevant laws applying to costs in relation to civil proceedings before
the court apply with any necessary changes to costs in relation to proceedings
for the making of a compensation order.
616—Enforcement of compensation order and costs
A compensation order, and any award of costs in relation to a proceeding for
the making of a compensation order, are taken to be, and are enforceable as, a
judgment of the court sitting in civil proceedings.
617—Relationship with orders or awards of other courts and tribunals
(1) A compensation
order may not be made in favour of a road manager for a road in relation to
damage to road infrastructure if another court or tribunal has awarded
compensatory damages or compensation in civil proceedings to the road manager
in relation to the damage based on the same or similar facts.
(2) If a court
purports to make a compensation order contrary to subsection (1)—
(a) the
order is void to the extent it covers the same matters as the matters covered
by the other award; and
(b) any
payments made under the order to the extent to which it is void must be repaid
by the road manager.
(3) The making of a
compensation order in relation to damage to road infrastructure does not
prevent another court or tribunal from later awarding damages or compensation
in civil proceedings in relation to the damage based on the same or similar
facts, but the court or tribunal must take the compensation order into account
when making its award.
(4) Nothing in this
Division affects or limits any liability to pay compensation under another
law, other than as provided by this section.
Part 4—Provisions about liability
Division 3—Defences
626—Definition for Division 3
In this Division—
deficiency , of a vehicle, means—
(a) a
deficiency of the vehicle or a component of the vehicle, including, for
example, the vehicle—
(i)
contravening a heavy vehicle standard; or
(ii)
being unsafe; or
(b) a
deficiency constituted by the absence of a particular thing required to be in,
or displayed on, the vehicle, including, for example, a thing required to be
in, or displayed on, the vehicle under—
(i)
a heavy vehicle standard; or
(ii)
a condition of a heavy vehicle accreditation or a mass or
dimension authority.
627—Defence for owner or operator of vehicle if offence committed while
vehicle used by unauthorised person
(1) This section
applies in relation to an offence against this Law that may be committed by a
person—
(a) in
the person's capacity as an owner or operator of a vehicle; and
(b) in
relation to the use of the vehicle by someone else.
(2) Subject to
subsection (3), in a proceeding for an offence mentioned in
subsection (1), it is a defence for the person charged to prove that, at
the relevant time, the vehicle was being used by—
(a) a
person not entitled (expressly, impliedly or otherwise) to use the vehicle,
other than an employee or agent of the person; or
(b) an
employee of the person who was, at the relevant time, acting outside the scope
of the employment; or
(c) an
agent of the person who was, at the relevant time, acting outside the scope of
the agency.
(3) If the offence
relates to a deficiency of the vehicle, the defence under subsection (2)
is not available unless the person charged also proves that—
(a) the
vehicle had not, before it ceased to be under the person's control, been
driven on a road in contravention of this Law arising in connection with the
deficiency; and
(b) one
or more material changes, resulting in the deficiency, had been made after the
vehicle had ceased to be under the person's control.
628—Defence for driver of vehicle subject to a deficiency
(1) This section
applies to an offence against this Law relating to a deficiency of a heavy
vehicle.
(2) In a proceeding
for an offence mentioned in subsection (1) alleged to be committed by the
driver of a heavy vehicle, it is a defence for the driver to prove that the
driver—
(a) did
not cause the deficiency and had no responsibility for or control over the
maintenance of the vehicle or its equipment at any relevant time; and
(b) did
not know and could not reasonably be expected to have known of the deficiency;
and
(c)
could not reasonably be expected to have sought to ascertain whether there was
or was likely to be a deficiency of the kind to which the offence relates.
629—Defence of compliance with direction
In a proceeding for an offence against this Law, it is a defence for the
person charged to prove that the conduct constituting the offence was done in
compliance with a direction given—
(a) by
an authorised officer; or
(b) by
the Regulator (including a delegate of the Regulator); or
(c) by a
person under a law of a State or Territory.
630—Sudden or extraordinary emergency
(1) In a proceeding
for an offence against this Law, it is a defence for the person charged to
prove that the conduct constituting the offence occurred in response to
circumstances of sudden or extraordinary emergency.
(2) This section
applies if and only if the person carrying out the conduct reasonably believed
that—
(a)
circumstances of sudden or extraordinary emergency existed; and
(b) the
conduct was the only reasonable way to deal with the emergency; and
(c) the
conduct was a reasonable response to the emergency.
631—Lawful authority
In a proceeding for an offence against this Law, it is a defence for the
person charged to prove that the conduct constituting the offence is
authorised or excused by or under a law.
Division 4—Other provisions about liability
632—Deciding whether person ought reasonably to have known something
(1) This section
applies in relation to a proceeding for an offence against this Law if it is
relevant to prove that someone ought reasonably to have known something.
(2) A court may
consider the following when deciding whether the person ought reasonably to
have known the thing:
(a) the
person's abilities, experience, expertise, knowledge, qualifications and
training;
(b) the
circumstances of the offence;
(c) any
other relevant matter prescribed by the national regulations for the purposes
of this section.
632A—Using code of practice in proceeding
(1) This section
applies in a proceeding for an offence against this Law.
(2) A registered
industry code of practice is admissible as evidence of whether or not a duty
or obligation under this Law has been complied with.
(3) The court
may—
(a) have
regard to the code as evidence of what is known about a hazard or risk, risk
assessment, or risk control, to which the code relates; and
(b) rely
on the code in determining what is reasonably practicable in the circumstances
to which the code relates.
(4) Nothing in this
section prevents a person from introducing evidence of complying with this Law
in a way that differs from the code but that provides a standard of safety or
protection equivalent to or higher than the standard required in the code.
(5) However, the
person may introduce the evidence mentioned in subsection (4) only if the
person has given written notice of the person's intention to do so to the
complainant at least 28 days before the day fixed for the hearing of the
offence.
633—Multiple offenders
(1) This section
applies if a provision of this Law provides that, for a particular act or
omission or set of circumstances, each of 2 or more persons is liable for an
offence against a provision of this Law.
(2) Proceedings may be
taken against all or any of the persons in relation to the act, omission or
circumstances.
(3) Proceedings may be
taken against any of the persons in relation to the act, omission or
circumstances—
(a)
regardless of whether or not proceedings have been started against any of the
other persons in relation to the act, omission or circumstances; and
(b)
regardless of whether or not any proceedings taken against any of the other
persons in relation to the act, omission or circumstances have ended; and
(c)
regardless of the outcome of any proceedings taken against any of the other
persons in relation to the act, omission or circumstances.
(4) This section is
subject to section 634(1).
634—Multiple offences
(1) A person may be
punished only once in relation to the same contravention of this Law by the
person or a heavy vehicle, even if the person is liable in more than 1
capacity.
(2) A person who has
been punished for an act or omission or circumstances constituting an offence
against this Law as it applies in another participating jurisdiction cannot be
punished for an offence against this Law as it applies in this jurisdiction
arising from the same act or omission or circumstances.
(3) Despite any Act or
other law (including subsections (1) and (2))—
(a) a
person may be punished for more than 1 contravention of a requirement of this
Law if the contraventions relate to different parts of the same vehicle; and
(b) a
person may be punished for 1 or more contraventions of a requirement of this
Law as it applies in another participating jurisdiction ( interstate
contraventions ), and 1 or more contraventions of a requirement of this Law as
it applies in this jurisdiction ( local contraventions ), if the interstate
contraventions and local contraventions relate to different parts of the same
vehicle; and
(c) 2 or
more contraventions of a provision by a person that arise from the same
factual circumstances may be charged as—
(i)
a single offence; or
(ii)
separate offences.
(4)
Subsection (3)(c) does not authorise contraventions of 2 or more
provisions to be charged as a single offence.
(5) A single penalty
only may be imposed in relation to 2 or more contraventions of a
provision that are charged as a single offence.
635—Responsibility for acts or omissions of representative
(1) This section
applies in a proceeding for an offence against this Law.
(2) If it is relevant
to prove a person's state of mind about a particular act or omission, it is
enough to show—
(a) the
act was done or omitted to be done by a representative of the person within
the scope of the representative's actual or apparent authority; and
(b) the
representative had the state of mind.
(3) An act done or
omitted to be done for a person by a representative of the person within the
scope of the representative's actual or apparent authority is taken to have
been done or omitted to be done also by the person, unless the person proves
the person could not, by the exercise of reasonable diligence, have prevented
the act or omission.
(4) In this
section—
representative means—
(a) for
an individual—an employee or agent of the individual; or
(b) for
a corporation—an executive officer, employee or agent of the corporation
or authority;
state of mind , of a person, includes—
(a) the
person's knowledge, intention, opinion, belief or purpose; and
(b) the
person's reasons for the intention, opinion, belief or purpose.
636—Liability of executive officers of corporation
(1) If a corporation
commits an offence against a provision of this Law specified in column 2 of
Schedule 4, each executive officer of the corporation who knowingly
authorised or permitted the conduct constituting the offence also commits an
offence against the provision.
Maximum penalty: the penalty for a contravention of the provision by an
individual.
Note—
See also section 26D for the duty of an executive officer of a
corporation to exercise due diligence to ensure the corporation complies with
its safety duties under this Law.
(4) An executive
officer of a corporation may be proceeded against and convicted for an offence
against the provision whether or not the corporation has been proceeded
against or convicted under that provision.
(5) Nothing in this
section affects any liability imposed on a corporation for an offence
committed by the corporation under the provision.
(6) Nothing in this
section affects the application of any other law relating to the criminal
liability of any persons (whether or not executive officers of the
corporation) who are accessories to the commission of an offence or are
otherwise involved in the contravention giving rise to an offence.
(7) This section does
not apply to an executive officer acting on a voluntary basis, whether or not
the officer is reimbursed for the expenses incurred by the officer for
carrying out activities for the corporation.
637—Treatment of unincorporated partnerships
(1) This Law (other
than section 636) applies to an unincorporated partnership as if it were
a corporation, but with the changes set out in this section.
(2) An obligation or
liability that would otherwise be imposed on the partnership by this Law is
imposed on each partner instead, but may be discharged by any of the partners.
(3) An amount that
would be payable under this Law by the partnership is jointly and severally
payable by the partners.
(4) An offence against
a provision of this Law specified in column 2 of Schedule 4 that
would otherwise be committed by the partnership is taken to have been
committed by each partner who knowingly authorised or permitted the conduct
constituting the offence.
Maximum penalty: the penalty for a contravention of the provision by an
individual.
(7) Nothing in this
section affects the application of any other law relating to the criminal
liability of any persons (whether or not partners in the partnership) who are
accessories to the commission of an offence or are otherwise involved in the
contravention giving rise to an offence.
(8)
Subsection (4) does not apply to a partner acting on a voluntary basis,
whether or not the partner is reimbursed for the expenses incurred by the
partner for carrying out activities for the partnership.
(9) For the purposes
of this section, a change in the composition of the partnership does not
affect the continuity of the partnership.
638—Treatment of other unincorporated bodies
(1) This Law (other
than section 636) applies to an unincorporated body as if it were a
corporation, but with the changes set out in this section.
(2) An obligation or
liability that would otherwise be imposed on the unincorporated body by this
Law is imposed on each management member of the body instead, but may be
discharged by any of the management members.
(3) An amount that
would be payable under this Law by the unincorporated body is jointly and
severally payable by the management members of the body.
(4) An offence against
a provision of this Law specified in column 2 of Schedule 4 that
would otherwise be committed by the unincorporated body is taken to have been
committed by each management member of the body who knowingly authorised or
permitted the conduct constituting the offence.
Maximum penalty: the penalty for a contravention of the provision by an
individual.
(7) Nothing in this
section affects the application of any other law relating to the criminal
liability of any persons (whether or not management members of the
unincorporated body) who are accessories to the commission of an offence or
are otherwise involved in the contravention giving rise to an offence.
(8)
Subsection (4) does not apply to a management member of the
unincorporated body acting on a voluntary basis, whether or not the member is
reimbursed for the expenses incurred by the member for carrying out activities
for the body.
(9) For the purposes
of this section, a change in the composition of the unincorporated body does
not affect the continuity of the body.
639—Liability of registered operator
(1) This section
applies to an offence against this Law that may be committed by the operator
of a heavy vehicle (whether or not any other person can also commit the
offence).
(2) If an offence to
which this section applies is committed, the following person is taken to be
the operator of the heavy vehicle and, in that capacity, is taken to have
committed the offence:
(a) for
a heavy vehicle that is not a combination—the registered operator of the
vehicle;
(b) for
a heavy combination or the towing vehicle in a heavy combination—the
registered operator of the towing vehicle in the combination;
(c) for
a trailer forming part of a heavy combination—the registered operator of
the towing vehicle in the combination and the registered operator (if any) of
the trailer.
(3) The registered
operator has the same excuses and defences available to the operator of the
heavy vehicle under this Law or another law.
(4) Subsection (2)
does not apply if the registered operator gives the Regulator an operator
declaration—
(a) if
an infringement notice for the offence is issued to the registered
operator—within 14 days after the infringement notice is issued; or
(b) if
the registered operator is charged with the offence—
(i)
if the charge is to be heard 28 days or less after
the charge comes to the operator's knowledge—as soon as practicable
after the charge comes to the registered operator's knowledge; or
(ii)
if the charge is to be heard more than 28 days after
the charge comes to the operator's knowledge—as soon as practicable
after the charge comes to the registered operator's knowledge but at least
28 days before the charge is heard.
(5) If the registered
operator gives an operator declaration as mentioned in
subsection (4)—
(a) a
proceeding for the offence may be started against the person named as the
operator of the heavy vehicle in the operator declaration only if a copy of
the operator declaration has been served on the person; and
(b) in a
proceeding for the offence against the person named as the operator of the
heavy vehicle in the operator declaration, the operator declaration is
evidence that the person was the operator of the heavy vehicle at the time of
the offence; and
(c) in a
proceeding for the offence against the registered operator, a court must not
find the registered operator guilty of the offence in the registered
operator's capacity as the operator of the heavy vehicle if it is satisfied,
whether on the statements in the operator declaration or otherwise, the
registered operator was not the operator of the heavy vehicle at the time of
the offence.
(6) To remove any
doubt, it is declared that this section does not affect the liability of the
registered operator in a capacity other than as the operator of the heavy
vehicle.
(7) In this
section—
operator declaration means a statutory declaration, made by the registered
operator of a vehicle that is or forms part of a heavy vehicle the subject of
an offence against this Law, stating—
(a) the
registered operator was not the operator of the heavy vehicle at the time of
the offence; and
(b) the
name and address of the operator of the heavy vehicle at the time of the
offence;
registered operator , of a vehicle other than a heavy vehicle, means the
registered or licensed operator of the vehicle under an Australian road law.
Chapter 11—Reviews and appeals
Part 1—Preliminary
640—Definitions for Chapter 11
In this Chapter—
public safety ground , for a reviewable decision, means the Regulator being
satisfied that making the decision is necessary to prevent a significant risk
to public safety;
relevant appeal body means the relevant tribunal or court for the relevant
jurisdiction;
relevant jurisdiction , for an applicant for the review of a reviewable
decision or an appellant for an appeal against a review decision, means—
(a) for
a reviewable decision made under Division 3 of Chapter 4 Part 5
or Division 4 of Chapter 4 Part 6, or a review decision
relating to a reviewable decision made under Division 3 of Chapter 4
Part 5 or Division 4 of Chapter 4 Part 6—
(i)
if the areas or routes for which the authorisation the
subject of the reviewable decision was sought are situated in the same
participating jurisdiction—the jurisdiction in which the areas or routes
are situated; or
(ii)
if the areas or routes for which the authorisation the
subject of the reviewable decision was sought are situated in 2 or more
participating jurisdictions—
(A) the jurisdiction in which most of the
areas or routes are situated, worked out by reference to the length of road
covered by the areas or routes; or
(B) if there is more than 1 jurisdiction
for which subsubparagraph (A) is satisfied—any of the jurisdictions
for which subsubparagraph (A) is satisfied chosen by the applicant or
appellant; or
(b) for
another reviewable decision or review decision—
(i)
if the reviewable decision or review decision relates to
only 1 heavy vehicle whose relevant garage address is in a participating
jurisdiction—the jurisdiction in which the relevant garage address is
located; or
(ii)
if the reviewable decision or review decision relates to
2 or more heavy vehicles whose relevant garage addresses are in the same
participating jurisdiction—the jurisdiction in which the relevant garage
addresses are located; or
(iii)
if the reviewable decision or review decision relates to
2 or more heavy vehicles whose relevant garage addresses are located in 2 or
more participating jurisdictions—any of those jurisdictions chosen by
the operator of the vehicles; or
(iv)
otherwise—the participating jurisdiction in which
the applicant's or appellant's home address is located;
review application means an application for review of a reviewable decision
under Chapter 11 Part 2;
review decision has the meaning given by section 645;
reviewable decision means—
(a) a
decision mentioned in Schedule 3; or
(b) a
decision made under the national regulations prescribed as a reviewable
decision for the purposes of this Chapter;
reviewer means a person deciding a review of a reviewable decision under
Chapter 11 Part 2.
Part 2—Internal review
641—Applying for internal review
(1) A dissatisfied
person for a reviewable decision may apply to the Regulator for a review of
the decision.
(2) A review
application may be made only within 28 days after—
(a) the
day the person is notified of the decision; or
(b) if a
provision of this Law requires that the person be given a statement of reasons
for the decision—the day the statement is given to the person.
(3) However, the
Regulator may, at any time, extend the time for making a review application.
(4) A review
application must—
(a) be
written; and
(b) be
accompanied by the prescribed fee for the application; and
(c)
state in detail the grounds on which the person wants the reviewable decision
to be reviewed.
(5) The person is
entitled to receive a statement of reasons for the reviewable decision whether
or not the provision under which the decision is made requires that the person
be given a statement of reasons for the decision.
(6) If the person is
given a decision notice, but not an information notice, for the reviewable
decision—
(a) the
decision notice must state that, within 28 days after the notice is given
to the person, the person may ask the Regulator for a statement of reasons for
the decision; and
(b) the
person may, within 28 days after a decision notice complying with
paragraph (a) is given to the person, ask the Regulator for a statement
of reasons for the decision.
(6A) Within 28 days
after the request is made under subsection (6)(b), the Regulator must
give the person a statement of reasons.
(7) The making of a
review application does not affect the reviewable decision, or the carrying
out of the reviewable decision, unless it is stayed under section 642.
(8) In this
section—
decision notice , for a decision, means a notice stating—
(a) the
decision; or
(b) the
review and appeal information for the decision;
dissatisfied person means—
(a) for
a reviewable decision of the Regulator made in relation to an application for
an exemption, authorisation, approval or heavy vehicle accreditation under
this Law—the applicant; or
(b) for
a reviewable decision of the Regulator not to make a decision sought in an
application for an amendment of an exemption, authorisation, approval or heavy
vehicle accreditation under this Law—the applicant; or
(c) for
a reviewable decision of the Regulator to amend, cancel or suspend an
exemption, authorisation, approval or heavy vehicle accreditation under this
Law—the person to whom the exemption, authorisation, approval or heavy
vehicle accreditation was granted; or
(d) for
a reviewable decision of the Regulator not to give a replacement permit for an
exemption or authorisation under this Law or not to give a replacement
accreditation certificate for a heavy vehicle accreditation under this
Law—the person to whom the exemption, authorisation or heavy vehicle
accreditation was granted; or
(e) for
a reviewable decision of the Regulator that a thing or sample is forfeited to
the Regulator—an owner of the thing or sample; or
(f) for
a reviewable decision of an authorised officer to give a person an improvement
notice or prohibition notice, or to amend an improvement notice or prohibition
notice given to a person—the person to whom the notice was given; or
(g) for
a reviewable decision of a relevant road manager for a mass or dimension
authority—a person adversely affected by the decision; or
(h) for
a reviewable decision made under the national regulations—the person
prescribed as the dissatisfied person for the decision under the national
regulations.
642—Stay of reviewable decisions made by Regulator or authorised officer
(1) This section
applies to—
(a) a
reviewable decision made by the Regulator other than a decision made on the
basis of a public safety ground; or
(b) a
reviewable decision made by an authorised officer.
(2) If a person makes
a review application for the reviewable decision, the person may immediately
apply for a stay of the decision to the relevant appeal body.
(3) The relevant
appeal body may stay the reviewable decision to secure the effectiveness of
the review and any later appeal to the body.
(4) In setting the
time for hearing the stay application, the relevant appeal body must allow at
least 3 business days between the day the application is filed with it
and the hearing day.
(5) The Regulator is a
party to the application.
(6) The person must
serve a copy of the application showing the time and place of the hearing, and
any document filed in the relevant appeal body with the application, on the
Regulator at least 2 business days before the hearing.
(7) The stay—
(a) may
be given on conditions the relevant appeal body considers appropriate; and
(b)
operates for the period specified by the relevant appeal body; and
(c) may
be revoked or amended by the relevant appeal body.
(8) The period of a
stay under this section must not extend past the time when the reviewer
reviews the reviewable decision and any later period the relevant appeal body
allows the applicant to enable the applicant to appeal against the decision.
643—Referral of applications for review of decisions made by road
managers
(1) This section
applies to a review application relating to a reviewable decision made by a
road manager for a road.
Note—
In Schedule 3, only decisions made by a road manager (for a road) that is
a public authority are reviewable decisions.
(2) The Regulator must
refer the application to the road manager for review within 2 business
days after receiving it.
644—Internal review
(1) A review of a
reviewable decision that was not made by the Regulator or a road manager
personally must not be decided by—
(a) the
person who made the reviewable decision; or
(b) a
person who holds a less senior position than the person who made the
reviewable decision.
(2) The reviewer must
conduct the review—
(a) on
the material before the person who made the reviewable decision; and
(b) on
the reasons for the reviewable decision; and
(c) any
other relevant material the reviewer allows.
(3) For the review,
the reviewer must give the applicant a reasonable opportunity to make written
or oral representations to the reviewer.
645—Review decision
(1) The reviewer must,
within the prescribed period, make a decision (the review decision ) to—
(a)
confirm the reviewable decision; or
(b)
amend the reviewable decision; or
(c)
substitute another decision for the reviewable decision.
(2) If the review
decision confirms the reviewable decision, for the purpose of an appeal, the
reviewable decision is taken to be the review decision.
(3) If the review
decision amends the reviewable decision, for the purpose of an appeal, the
reviewable decision as amended is taken to be the review decision.
(4) If the review
decision substitutes another decision for the reviewable decision, the
substituted decision is taken to be the review decision.
(5) If the reviewer is
a road manager for a road, the reviewer must, as soon as practicable, give the
Regulator notice of the review decision stating—
(a) the
decision; and
(b) the
reasons for the decision.
(6) In this
section—
prescribed period means—
(a) for
a review of a reviewable decision made by a road manager for a road—
(i)
28 days after the application for the review is given to
the road manager; or
(ii)
if the Regulator and road manager have agreed to a longer
period, of not more than 3 months after the application for the review is
given to the road manager, and the Regulator has given notice of the longer
period to the applicant—the longer period; or
(b) for
a review of another reviewable decision—28 days after the
application for the review is made.
646—Notice of review decision
(1) The Regulator
must, within the prescribed period, give the applicant notice (the review
notice ) of the review decision.
(2) If the review
decision is not the decision sought by the applicant, the review notice must
state the following:
(a) the
reasons for the decision;
(b) for
a review decision relating to a reviewable decision made by a road manager for
a road—that the review decision is not subject to further review or
appeal under this Law;
(c) for
a review decision relating to another reviewable decision—
(i)
that the applicant may appeal against the decision under
Chapter 11 Part 3; and
(ii)
how to appeal;
(d) for
a review decision relating to a reviewable decision made under Division 3
of Chapter 4 Part 5 or Division 4 of Chapter 4 Part 6
if the areas or routes for which the authorisation the subject of the
reviewable decision was sought are situated in 2 or more participating
jurisdictions—the jurisdiction in which most of the areas or routes are
situated, worked out by reference to the length of road covered by the areas
or routes.
(3) If the reviewer
does not make a review decision within the period required under
section 645, the reviewer is taken to have made a review decision
confirming the reviewable decision.
(4) In this
section—
prescribed period means—
(a) for
a review of a reviewable decision made by a road manager for a road—as
soon as practicable, but not more than 7 days, after the reviewer gives
the Regulator notice of the decision; or
(b) for
a review of another reviewable decision—as soon as practicable.
Part 3—Appeals
647—Appellable decisions
(1) A person may
appeal to the relevant appeal body against a review decision relating to a
reviewable decision made by the Regulator or an authorised officer.
(2) A person may
appeal against the review decision only within 28 days after—
(a) if a
review notice is given to the person under section 646—the notice
was given to the person; or
(b) if
the reviewer is taken to have confirmed the decision under
section 646(3)—the period mentioned in that section ends.
(3) However, the
relevant appeal body may extend the period for appealing.
(4) The filing of an
appeal does not affect the review decision, or the carrying out of the review
decision, unless it is stayed under section 648.
648—Stay of review decision
(1) This section
applies if, under this Law, a person appeals to the relevant appeal body
against a review decision relating to—
(a) a
reviewable decision made by the Regulator other than on the basis of a public
safety ground; or
(b) a
reviewable decision made by an authorised officer.
(2) The person may
immediately apply to the relevant appeal body for a stay of the decision.
(3) The relevant
appeal body may stay the review decision to secure the effectiveness of the
appeal.
(4) In setting the
time for hearing the stay application, the relevant appeal body must allow at
least 3 business days between the day the application is filed with it
and the hearing day.
(5) The Regulator is a
party to the application.
(6) The person must
serve a copy of the application showing the time and place of the hearing, and
any document filed in the relevant appeal body with the application, on the
Regulator at least 2 business days before the hearing.
(7) The stay—
(a) may
be given on conditions the relevant appeal body considers appropriate; and
(b)
operates for the period specified by the relevant appeal body, but not
extending past the time when it decides the appeal; and
(c) may
be revoked or amended by the relevant appeal body.
649—Powers of relevant appeal body on appeal
(1) In deciding, under
this Law, an appeal against a review decision, the relevant appeal body—
(a) has
the same powers as the person who made the reviewable decision to which the
review decision relates; and
(b) is
not bound by the rules of evidence; and
(c) must
comply with natural justice.
(2) An appeal is by
way of rehearing—
(a)
unaffected by the review decision; and
(b) on
the material before the person who made the review decision and any further
evidence allowed by the relevant appeal body.
(3) After hearing the
appeal, the relevant appeal body must—
(a)
confirm the review decision; or
(b) set
aside the review decision and substitute another decision that it considers
appropriate; or
(c) set
aside the review decision and return the issue to the person who made the
reviewable decision to which the review decision relates with the directions
that it considers appropriate.
650—Effect of decision of relevant appeal body on appeal
If, under this Law, the relevant appeal body substitutes another decision for
a review decision, the substituted decision is, for the relevant provision of
this Law, taken to be that of the person who made the reviewable decision to
which the review decision relates.
Part 1—Responsible Ministers
651—Policy directions
(1) The responsible
Ministers may give directions to the Regulator about the policies to be
applied by the Regulator in exercising its functions under this Law.
(2) A direction under
this section cannot be about—
(a) a
particular person; or
(b) a
particular heavy vehicle; or
(c) a
particular application or proceeding.
(3) The Regulator must
comply with a direction given to it by the responsible Ministers under this
section.
(4) A copy of a
direction given by the responsible Ministers to the Regulator is to be
published in the Regulator's annual report.
652—Referral of matters etc by responsible Minister
(1) The responsible
Minister for a participating jurisdiction may—
(a)
refer a matter relevant to that jurisdiction to the Regulator for action under
this Law; or
(b) ask
the Regulator for information about the exercise of the Regulator's functions
under this Law as applied in that jurisdiction.
(2) However, the
Minister cannot—
(a)
refer a matter to the Regulator under subsection (1)(a) that may require
the Regulator to take action that is inconsistent with—
(i)
a direction given by the responsible Ministers under
section 651; or
(ii)
the approved guidelines; or
(b)
direct the Regulator to take or not to take particular action in relation to a
matter referred to the Regulator under subsection (1)(a); or
(c)
otherwise influence the exercise of the Regulator's functions under this Law.
(3) The Regulator may
charge a fee for dealing with a referral or request made under
subsection (1).
(4) A fee charged by
the Regulator under subsection (3) must be an amount—
(a) the
Regulator considers reasonable; and
(b) that
is no more than the reasonable cost of dealing with the referral or request.
(5)
Section 740(2) to (4) do not apply to a fee charged by the Regulator
under subsection (3).
653—Approved guidelines for exemptions, authorisations, permits and
other authorities
(1) The responsible
Ministers may approve guidelines about any of the following:
(b)
granting vehicle standards exemptions;
(c)
granting mass or dimension exemptions;
(d)
granting class 2 heavy vehicle authorisations;
(e)
granting electronic recording system approvals;
(f)
granting work and rest hours exemptions;
(g)
granting work diary exemptions;
(h)
granting fatigue record keeping exemptions;
(i)
granting heavy vehicle accreditation;
(j)
granting or issuing an exemption, authorisation, permit or authority, or
making a declaration, under the national regulations;
(k)
granting PBS design approvals and PBS vehicle approvals;
(l)
other matters as referred to in—
(i)
paragraph (a)(ii) of the definition road condition
in section 154; or
(ii)
section 156A(1)(a)(ii); or
(iii)
section 163(1)(b)(ii)(B); or
(iv)
section 174(1)(b); or
(v)
section 178(1)(b).
(2) The guidelines,
and any instrument amending or repealing the guidelines, must be published in
the Commonwealth Gazette.
(3) The Regulator must
ensure a copy of the guidelines as in force from time to time and any document
applied, adopted or incorporated by the guidelines is—
(a) made
available for inspection, without charge, during normal business hours at each
office of the Regulator; and
(b)
published on the Regulator's website.
654—Other approvals
(1) The responsible
Ministers may approve—
(a) a
standard for sleeper berths; or
(b)
standards and business rules for—
(i)
advanced fatigue management; or
(ii)
basic fatigue management; or
(iii)
heavy vehicle maintenance management; or
(iv)
heavy vehicle mass management; or
(c) a
class of auditors for the purposes of Chapter 8.
(2) The approval, and
any instrument amending or repealing the approval, must be published in the
Commonwealth Gazette.
(3) The Regulator must
ensure a copy of an approval in force under subsection (1), and any
document the subject of the approval, is—
(a) made
available for inspection, without charge, during normal business hours at each
office of the Regulator; and
(b)
published on the Regulator's website.
655—How responsible Ministers exercise functions
(1) The responsible
Ministers are to give a direction or approval, or make a recommendation,
request or decision, for the purposes of a provision of this Law by a
resolution passed by the responsible Ministers in accordance with the
procedures decided by the responsible Ministers.
(2) Subsection (1)
applies subject to the following:
(a)
subsection (3);
(b) a
provision of this Law that provides how a direction or approval must be given,
or a recommendation, request or decision must be made, by the responsible
Ministers, including, for example, a provision that provides that a
recommendation by the responsible Ministers must be unanimous.
(3) The Commonwealth
responsible Minister may decide whether or not to participate in the exercise
of a function given to the responsible Ministers under this Law and, if the
Commonwealth responsible Minister decides not to participate, the following
apply in relation to the exercise of the function:
(a) a
reference in this Law to the responsible Ministers is taken to be a reference
to a group of Ministers consisting of the responsible Minister for each
participating jurisdiction;
(b) a
direction, approval, recommendation, request or decision by the responsible
Ministers is taken to be unanimous if the responsible Minister for each
participating jurisdiction agrees with the direction, approval,
recommendation, request or decision.
(4) An act or thing
done by the responsible Ministers (whether by resolution, instrument or
otherwise) does not cease to have effect merely because of a change in the
Ministers comprising the responsible Ministers.
655A—Delegation by responsible Ministers
(1) The responsible
Ministers may delegate to the Board the function of approving a minor
amendment of—
(a) a
guideline mentioned in section 653; or
(b) an
approval mentioned in section 654.
(2) In this
section—
minor amendment , of a guideline or approval, means an amendment of the
guideline or approval in a minor respect—
(a) for
a formal or clerical reason; or
(b) in
another way that does not—
(i)
increase a safety risk; or
(ii)
increase a risk of damage to road infrastructure; or
(iii)
cause an adverse effect on public amenity; or
(iv)
make a person liable to a penalty.
Part 2—National Heavy Vehicle Regulator
Division 1—Establishment, functions and powers
656—Establishment of National Heavy Vehicle Regulator
(1) The National Heavy
Vehicle Regulator is established.
(2) It is the
intention of the Parliament of this jurisdiction that this Law as applied by
an Act of this jurisdiction, together with this Law as applied by Acts of the
other participating jurisdictions, has the effect that the National Heavy
Vehicle Regulator is one single national entity, with functions conferred by
this Law as so applied.
(3) The Regulator has
power to do acts in or in relation to this jurisdiction in the exercise of a
function expressed to be conferred on it by this Law as applied by Acts of
each participating jurisdiction.
(4) The Regulator may
exercise its functions in relation to—
(a) one
participating jurisdiction; or
(b) 2 or
more or all participating jurisdictions collectively.
657—Status of Regulator
(1) The
Regulator—
(a) is a
body corporate with perpetual succession; and
(b) has
a common seal; and
(c) may
sue and be sued in its corporate name.
(2) The Regulator
represents the State.
658—General powers of Regulator
(1) The Regulator has
all the powers of an individual and, in particular, may—
(a)
enter into contracts; and
(b)
acquire, hold, dispose of, and deal with, real and personal property; and
(c) do
anything necessary or convenient to be done in the exercise of its functions.
(2) Without limiting
subsection (1), the Regulator may enter into an agreement with a State or
Territory that makes provision for—
(a) the
State or Territory to provide services to the Regulator that assist the
Regulator in exercising its functions; or
(b) the
Regulator to provide services to the State or Territory relating to the
functions of the Regulator under this Law.
659—Functions of Regulator
(1) The Regulator's
main function is to achieve the object of this Law.
(2) Without limiting
subsection (1), the Regulator has the following functions:
(a) to
provide the necessary administrative services for the operation of this Law,
including, for example, collecting fees, charges and other amounts payable
under this Law;
(aa) to
keep the database of heavy vehicles;
(b) to
monitor compliance with this Law;
(c) to
investigate contraventions or possible contraventions of provisions of this
Law, including offences against this Law;
(d) to
bring and conduct proceedings in relation to contraventions or possible
contraventions of provisions of this Law, including offences against this Law;
(e) to
bring and conduct, or conduct and defend, appeals from decisions in
proceedings mentioned in paragraph (d);
(f) to
conduct reviews of particular decisions made under this Law by the Regulator
or authorised officers;
(g) to
conduct and defend appeals from decisions on reviews mentioned in
paragraph (f);
(h) to
implement and manage an audit program for heavy vehicle accreditations granted
under this Law;
(i)
to monitor and review, and report to the responsible
Ministers on, the operation of this Law, including, for example, monitoring,
reviewing and reporting on—
(i)
the extent to which the object of this Law or particular
aspects of this Law are being achieved; and
(ii)
the extent and nature of noncompliance with this Law; and
(iii)
the outcome of activities for monitoring and
investigating compliance with this Law; and
(iv)
the effect of heavy vehicle accreditation on achieving
the object of this Law or particular aspects of this Law; and
(v)
the effect of modifications to this Law as it applies in
a particular participating jurisdiction on achieving the object of this Law or
particular aspects of this Law;
(j) to
identify and promote best practice methods—
(i)
for complying with this Law; or
(ii)
for managing risks to public safety arising from the use
of heavy vehicles on roads; or
(iii)
for the productive and efficient road transport of goods
or passengers by heavy vehicles;
(k) to
encourage and promote safe and productive business practices of persons
involved in the road transport of goods or passengers by heavy vehicles that
do not compromise the object of this Law;
(ka) to
provide advice, information and education to persons with duties or
obligations under this Law about compliance with the duties or obligations;
(l) to
work collaboratively with other law enforcement agencies to ensure a
nationally consistent approach for enforcing contraventions of laws involving
heavy vehicles;
(m) to
work collaboratively with road managers, the National Transport Commission and
industry bodies to ensure a wide understanding of the object of this Law or
particular aspects of this Law, and encourage participation in achieving the
object;
(n) the
other functions conferred on it under this Law.
660—Cooperation with participating jurisdictions and Commonwealth
(1) The Regulator may
exercise any of its functions in cooperation with or with the assistance of a
participating jurisdiction or the Commonwealth, including in cooperation with
or with the assistance of a government agency of a participating jurisdiction
or of the Commonwealth.
(2) In particular, the
Regulator may—
(a) ask
a government agency of a participating jurisdiction or the Commonwealth for
information that the Regulator requires to exercise its functions under this
Law; and
(b) use
the information provided to exercise its functions under this Law; and
(c) give
information to a government agency of a participating jurisdiction or the
Commonwealth that the agency requires to exercise its functions under a law of
the participating jurisdiction or the Commonwealth.
(3) A government
agency that receives a request for information under this section from the
Regulator is authorised to give the information to the Regulator.
(4) A government
agency that receives information under this section from the Regulator is
authorised to use the information only to exercise its functions mentioned in
subsection (2)(c).
661—Delegation
(1) The Regulator may
delegate any of its functions to—
(a) the
chief executive of an entity or a department of government of a participating
jurisdiction or the Commonwealth; or
(b) the
chief executive officer or another member of the staff of the Regulator; or
(c) a
person engaged as a contractor by the Regulator; or
(d) any
other person whom the Regulator considers is appropriately qualified to
exercise the function.
(2) A delegation of a
function may permit the subdelegation of the function to an appropriately
qualified person.
Note—
See section 29 of Schedule 1 which provides for matters relating to
the delegation and subdelegation of functions.
Division 2—Governing board of Regulator
Subdivision 1—Establishment and functions
662—Establishment of National Heavy Vehicle Regulator Board
(1) The Regulator has
a governing board known as the National Heavy Vehicle Regulator Board.
(2) It is the
intention of the Parliament of this jurisdiction that this Law as applied by
an Act of this jurisdiction, together with this Law as applied by Acts of the
other participating jurisdictions, has the effect that the National Heavy
Vehicle Regulator Board is one single national entity, with functions
conferred by this Law as so applied.
(3) The Board has
power to do acts in or in relation to this jurisdiction in the exercise of a
function expressed to be conferred on it by this Law as applied by Acts of
each participating jurisdiction.
(4) The Board may
exercise its functions in relation to—
(a) one
participating jurisdiction; or
(b) 2 or
more or all participating jurisdictions collectively.
663—Membership of Board
(1) The Board consists
of 5 members appointed by the Queensland Minister on the unanimous
recommendation of the responsible Ministers.
(2) The members of the
Board must consist of—
(a) at
least 1 member who has expertise in transportation policy; and
(b) at
least 1 other member who has expertise in economics, law, accounting, social
policy or education and training; and
(c) at
least 1 other member who has experience in managing risks to public safety
arising from the use of vehicles on roads; and
(d) at
least 1 other member who has financial management skills, business skills,
administrative expertise or other skills or experience the responsible
Ministers believe is appropriate.
(3) Of the members of
the Board, one is to be appointed by the Queensland Minister, on the unanimous
recommendation of the responsible Ministers, as the Chairperson of the Board
and another as the Deputy Chairperson.
664—Functions of Board
(1) The affairs of the
Regulator are to be controlled by the Board.
(2) Without limiting
subsection (1), the Board's functions include the following:
(a)
subject to any directions of the responsible Ministers, deciding the policies
of the Regulator;
(b)
ensuring the Regulator exercises its functions in a proper, effective and
efficient way.
(3) All acts and
things done in the name of, or on behalf of, the Regulator by or with the
authority of the Board are taken to have been done by the Regulator.
(4) The Board has any
other functions given to the Board under this Law.
Subdivision 2—Members
665—Terms of office of members
(1) Subject to this
Division, a member of the Board holds office for the period, not more than
3 years, specified in the member's instrument of appointment.
(2) If otherwise
qualified, a member of the Board is eligible for reappointment.
666—Remuneration
A member of the Board is entitled to be paid the remuneration and allowances
decided by the responsible Ministers from time to time.
667—Vacancy in office of member
(1) The office of a
member of the Board becomes vacant if the member—
(a)
completes a term of office; or
(b)
resigns the office by signed notice given to the responsible Ministers; or
(c) has
been found guilty of an offence, whether in a participating jurisdiction or
elsewhere, that the responsible Ministers consider renders the member unfit to
continue to hold the office of member; or
(d)
becomes bankrupt, applies to take the benefit of any law for the relief of
bankrupt or insolvent debtors, compounds with the member's creditors or makes
an assignment of the member's remuneration for their benefit; or
(e) is
absent, without leave first being granted by the relevant entity, from 3 or
more consecutive meetings of the Board of which reasonable notice has been
given to the member personally or by post; or
(f) is
removed from office by the Queensland Minister under this section; or
(g)
dies.
(2) The Queensland
Minister may remove a member of the Board from office if the responsible
Ministers recommend the removal of the member on the basis that the member has
engaged in misconduct or has failed to or is unable to properly exercise the
member's functions as a member of the Board.
(3) In this
section—
relevant entity means—
(a) for
a member who is the Chairperson of the Board—the responsible Ministers;
or
(b) for
another member—the Chairperson of the Board.
668—Board member to give responsible Ministers notice of certain events
A member of the Board must, within 7 days of either of the following events
occurring, give the responsible Ministers notice of the event:
(a) the
member is convicted of an offence;
(b) the
member becomes bankrupt, applies to take the benefit of any law for the relief
of bankrupt or insolvent debtors, compounds with the member's creditors or
makes an assignment of the member's remuneration for their benefit.
669—Extension of term of office during vacancy in membership
(1) If the office of a
member of the Board becomes vacant because the member has completed the
member's term of office, the member is taken to continue to be a member during
that vacancy until the date on which the vacancy is filled, whether by
re-appointment of the member or appointment of a successor to the member.
(2) However, this
section ceases to apply to the member if—
(a) the
member resigns the member's office by signed notice given to the responsible
Ministers; or
(b) the
responsible Ministers decide the services of the member are no longer
required.
(3) The maximum period
for which a member of the Board is taken to continue to be a member under this
section after completion of the member's term of office is 6 months.
670—Members to act in public interest
A member of the Board is to act impartially and in the public interest in the
exercise of the member's functions as a member.
671—Disclosure of conflict of interest
(1) If a member of the
Board has a direct or indirect pecuniary or other interest that conflicts or
may conflict with the exercise of the member's functions as a member, the
member must, as soon as possible after the relevant facts have come to the
member's knowledge, disclose the nature of the member's interest and the
conflict to—
(a) for
a member who is the Chairperson of the Board—the responsible Ministers;
or
(b) for
another member—the Chairperson of the Board.
(2) If a disclosure is
made under subsection (1), the entity to whom the disclosure is made must
notify the Board of the disclosure.
(3) Particulars of any
disclosure made under subsection (1) must be recorded by the Board in a
register of interests kept for the purpose.
(4) After a member of
the Board has disclosed the nature of an interest and conflict or potential
conflict under subsection (1), the member must not be present during any
deliberation of the Board with respect to any matter that is, or may be,
affected by the conflict, or take part in any decision of the Board with
respect to any matter that is, or may be, affected by the conflict,
unless—
(a) for
a member who is the Chairperson of the Board, the responsible Ministers
otherwise decide; or
(b) for
another member, the Board otherwise decides.
(5) For the purposes
of the making of a decision by the Board under subsection (4) in relation
to a matter, a member of the Board who has a direct or indirect pecuniary or
other interest that conflicts or may conflict with the exercise of the
member's functions as a member with respect to the matter must not—
(a) be
present during any deliberation of the Board for the purpose of making the
decision; or
(b) take
part in the making of the decision by the Board.
(6) A contravention of
this section does not invalidate any decision of the Board but if the Board
becomes aware a member of the Board contravened this section, the Board must
reconsider any decision made by the Board in which the member took part in
contravention of this section.
Subdivision 3—Meetings
672—General procedure
(1) The procedure for
the calling of meetings of the Board and for the conduct of business at the
meetings is, subject to this Law, to be decided by the Board.
(2) Without limiting
subsection (1), the Chairperson of the Board—
(a) may
at any time call a meeting of the Board; and
(b) must
call a meeting if asked, in writing, by at least 3 other members of the
Board.
673—Quorum
The quorum for a meeting of the Board is a majority of its members.
674—Chief executive officer may attend meetings
(1) The chief
executive officer of the Regulator may attend meetings of the Board and
participate in discussions of the Board.
(2) However, the chief
executive officer—
(a)
must, as soon as possible after becoming aware that the chief executive
officer has a direct personal interest in a matter to be considered by the
Board, disclose the interest to the Chairperson of the Board; and
(b) is
not entitled to be present during the consideration by the Board of any matter
in which the chief executive officer has a direct personal interest; and
(c) is
not entitled to vote at a meeting.
675—Presiding member
(1) The Chairperson of
the Board is to preside at a meeting of the Board.
(2) However, in the
absence of the Chairperson of the Board the following person is to preside at
a meeting of the Board:
(a) if
the Deputy Chairperson of the Board is present at the meeting, the Deputy
Chairperson;
(b)
otherwise, a person elected by the members of the Board who are present at the
meeting.
(3) The presiding
member has a deliberative vote and, in the event of an equality of votes, has
a second or casting vote.
676—Voting
A decision supported by a majority of the votes cast at a meeting of the Board
at which a quorum is present is the decision of the Board.
677—Minutes
The Chairperson or other member of the Board presiding at a meeting of the
Board must ensure minutes of the meeting are taken.
678—First meeting
The Chairperson of the Board may call the first meeting of the Board in any
way the Chairperson thinks fit.
679—Defects in appointment of members
A decision of the Board is not invalidated by any defect or irregularity in
the appointment of any member of the Board.
Subdivision 4—Committees
680—Committees
(1) The Board may
establish committees to assist the Board in exercising its functions.
(2) The members of a
committee need not be members of the Board.
(3) A member of a
committee is appointed on the terms and conditions the Board considers
appropriate, including terms about remuneration.
(4) The procedure for
the calling of meetings of a committee and for the conduct of business at the
meetings may be decided by the Board or, subject to any decision of the Board,
by the committee.
Division 3—Chief executive officer
681—Chief executive officer
(1) There is to be a
chief executive officer of the Regulator.
(2) The chief
executive officer is to be appointed by the Board.
(3) The chief
executive officer is to be appointed for a period, not more than 5 years,
specified in the officer's instrument of appointment.
(4) The chief
executive officer is eligible for re-appointment.
(5) The chief
executive officer is taken, while holding that office, to be a member of the
staff of the Regulator.
682—Functions of chief executive officer
The chief executive officer of the Regulator—
(a) is
responsible for the day-to-day management of the Regulator; and
(b) has
any other functions conferred on the chief executive officer by the Board.
683—Delegation by chief executive officer
The chief executive officer of the Regulator may delegate any of the functions
conferred on the officer, other than this power of delegation, to—
(a) an
appropriately qualified member of the staff of the Regulator; or
(b) the
chief executive of an entity or a department of government of a participating
jurisdiction.
Division 4—Staff
684—Staff
(1) The Regulator may,
for the purpose of exercising its functions, employ staff.
(2) The staff of the
Regulator are to be employed on the terms and conditions decided by the
Regulator from time to time.
(3) Subsection (2) is
subject to any relevant industrial award or agreement that applies to the
staff.
685—Staff seconded to Regulator
The Regulator may make arrangements for the services of any of the following
persons to be made available to the Regulator in connection with the exercise
of its functions:
(a) a
member of the staff of a government agency of the Commonwealth, a State or a
Territory;
(b) a
member of the staff of a local government authority.
686—Consultants and contractors
(1) The Regulator may
engage persons with suitable qualifications and experience as consultants or
contractors.
(2) The terms and
conditions of engagement of consultants or contractors are as decided by the
Regulator from time to time.
Part 2A—Database of heavy vehicles
686A—Database of heavy vehicles
(1) The Regulator must
keep a database of heavy vehicles that enables the identification of a heavy
vehicle registered under a law of a participating jurisdiction and the
registered operator of the vehicle.
(2) The database of
heavy vehicles must—
(a) be
kept in the way prescribed by the national regulations; and
(b)
contain the information prescribed by the national regulations.
(3) The Regulator may
include in the database of heavy vehicles other information the Regulator
considers relevant to the objects of this Law, including information given by
another Australian jurisdiction to the Regulator.
(4) The Regulator may
require a registration authority that registers a heavy vehicle under a law of
a participating jurisdiction to give the Regulator the information prescribed
under subsection (2)(b) as soon as reasonably practicable after the
registration authority receives the information.
(5) If the
registration authority becomes aware of a change to the information given to
the Regulator under subsection (4), the registration authority must, as
soon as reasonably practicable after becoming aware of the change, notify the
Regulator of the change.
686B—Regulator may share information in database of heavy vehicles
The Regulator may give information included in the database of heavy vehicles
to—
(a) a
registration authority for a participating jurisdiction or another Australian
jurisdiction; or
(b) a
police force or police service for a participating jurisdiction or another
Australian jurisdiction.
Part 3—Miscellaneous
Division 1—Finance
687—National Heavy Vehicle Regulator Fund
(1) The National Heavy
Vehicle Regulator Fund is established.
(2) The Fund is to be
administered by the Regulator.
(3) The Regulator may
establish accounts with any financial institution for money in the Fund.
(4) The Fund does not
form part of the consolidated fund or consolidated account (however described)
of a participating jurisdiction or the Commonwealth.
688—Payments into Fund
(1) There is payable
into the Fund (except as provided by subsection (2))—
(a) all
money appropriated by the Parliament of any participating jurisdiction or the
Commonwealth for the purposes of the Fund; and
(b) all
fees, charges, costs and expenses paid to or recovered by the Regulator under
this Law; and
(c) the
proceeds of the investment of money in the Fund; and
(d) all
grants, gifts and donations made to the Regulator, but subject to any trusts
declared in relation to the grants, gifts or donations; and
(e) all
money directed or authorised to be paid into the Fund under this Law, any law
of a participating jurisdiction or any law of the Commonwealth; and
(f) any
other money or property received by the Regulator in connection with the
exercise of its functions; and
(g) any
money paid to the Regulator for the provision of services to a State or
Territory under an agreement mentioned in section 658(2)(b).
(2) Money that is
received by the Regulator under an agreement mentioned in
section 658(2)(b) and that is payable to another entity under the
agreement is not payable into the Fund.
689—Payments out of Fund
Payments may be made from the Fund for the purpose of—
(a)
paying any costs or expenses, or discharging any liabilities, incurred in the
administration or enforcement of this Law, including, for example, payments
made to a State or Territory for the provision of services under an agreement
mentioned in section 658(2)(a); and
(b)
paying any money directed or authorised to be paid out of the Fund under this
Law; and
(c)
making any other payments recommended by the Regulator and approved by the
responsible Ministers.
690—Investment by Regulator
(1) The Regulator must
invest its funds in a way that is secure and provides a low risk so that the
Regulator's exposure to the loss of funds is minimised.
(2) The Regulator must
keep records that show it has invested in a way that complies with
subsection (1).
691—Financial management duties of Regulator
The Regulator must—
(a)
ensure its operations are carried out efficiently, effectively and
economically; and
(b) keep
proper books and records in relation to the Fund and other money received by
the Regulator; and
(c)
ensure expenditure is made from the Fund for lawful purposes only and, as far
as possible, that reasonable value is obtained for money expended from the
Fund; and
(d)
ensure its procedures, including internal control procedures, afford adequate
safeguards with respect to—
(i)
the correctness, regularity and propriety of payments
made from the Fund; and
(ii)
receiving and accounting for payments made to the Fund;
and
(iii)
prevention of fraud or mistake; and
(e) take
any action necessary to ensure the preparation of accurate financial
statements in accordance with Australian Accounting Standards for inclusion in
its annual report; and
(f) take
any action necessary to facilitate the audit of the financial statements under
this Law; and
(g)
arrange for any further audit by a qualified person of the books and records
kept by the Regulator if directed to do so by the responsible Ministers.
692—Amounts payable to other entities
(1) The Regulator may
establish accounts with any financial institution for money referred to in
section 688(2), pending payment of the money to States, Territories or
other entities entitled to receive it under—
(a)
applicable agreements mentioned in section 658(2)(b); or
(b)
arrangements approved by the responsible Ministers, to the extent applicable
agreements do not make provision for payment.
(2) Money in an
account established under this section does not form part of the consolidated
fund or consolidated account (however described) of a participating
jurisdiction or the Commonwealth.
Division 2—Reporting and planning arrangements
693—Annual report
(1) The Regulator
must, within 3 months after the end of each financial year, give the
responsible Ministers an annual report for the financial year.
(a)
include for the period to which the report relates—
(i)
the financial statements that have been audited by an
auditor decided by the responsible Ministers; and
(ii)
a statement of actual performance measured against the
National Performance Measures (Standards and Indicators) outlined in the
current corporate plan under section 695; and
(iii)
a statement of exceptions where the National Performance
Measures (Standards and Indicators) were not achieved, including a statement
of issues that impacted on the achievement of the measures; and
(iv)
a statement of trend analysis relating to performance
measured against the National Performance Measures (Standards and Indicators);
and
(v)
a statement of the outcome of consultation strategies and
activities, including a summary of industry comments; and
(vi)
a statement of the achievements attained in implementing,
and the challenges encountered in implementing, the Regulator's objectives
stated in the current corporate plan; and
(vii)
a statement of the achievements attained in the exercise
of the Regulator's functions; and
(viii)
a statement of arrangements in place to secure
collaboration with State and Territory agencies and the effectiveness of those
arrangements; and
(ix)
a statement indicating the nature of any reports
requested by the responsible Ministers under section 694; and
(x)
other matters required by the national regulations; and
(b) be
prepared in the way required by the national regulations.
(3) Without limiting
subsection (2)(b), the national regulations may provide—
(a) that
the financial statements are to be prepared in accordance with Australian
Accounting Standards; and
(b) for
the auditing of the financial statements.
(4) The responsible
Ministers are to make arrangements for the tabling of the Regulator's annual
report in each House of the Parliament of each participating jurisdiction and
of the Commonwealth.
(5) As soon as
practicable after the annual report has been tabled in at least one House of
the Parliament of a participating jurisdiction, the Regulator must publish a
copy of the report on the Regulator's website.
694—Other reports
The responsible Ministers may, by written direction given to the Regulator,
require the Regulator to give to the responsible Ministers, within the period
stated in the direction, a report about any matter that relates to the
exercise by the Regulator of its functions.
695—Corporate plans
(1) The Regulator
must, on an annual basis, prepare and give to the responsible Ministers for
approval by the Ministers a corporate plan for each 3 year period.
(2) The corporate plan
must—
(a)
outline the Regulator's objectives for the 3 year period; and
(b)
state how the Regulator's objectives will be implemented during the
3 year period; and
(c)
contain a statement outlining the National Performance Measures (Standards and
Indicators), determined by the Regulator under subsection (4), for the 3
year period, including (but not limited to) annual measures for each of the 3
years specifying—
(i)
the standards expected to be complied with for each year;
and
(ii)
the performance indicators proposed to be used for
measuring the Regulator's progress in implementing the Regulator's objectives
during the year; and
(d)
identify any challenges and risks that the Regulator reasonably believes may
have a significant impact, during the 3 year period, on—
(i)
the Regulator's ability to implement the Regulator's
objectives; and
(ii)
the achievement of the object of this Law; and
(iii)
the exercise of the Regulator's functions; and
(e)
include the Regulator's proposed budget for each financial year commencing
within the 3 year period.
(3) The Regulator
must, by notice given to the responsible Ministers, advise the Ministers if
either of the following occurs:
(a) the
Regulator makes a significant amendment to its corporate plan;
(b) the
Regulator becomes aware of an issue that will have a significant impact on its
ability to implement the objectives stated in the corporate plan.
(4) The Regulator must
publish documentation for National Performance Measures on the Regulator's
website and determine National Performance Measures (Standards and Indicators)
in accordance with the documentation.
Division 3—Oversight of the Regulator and Board
696—Application of particular Queensland Acts to this Law
(1) The following
Acts, as in force from time to time, apply for the purposes of this Law:
(a) the
Information Privacy Act 2009 of Queensland;
(b) the
Public Records Act 2002 of Queensland;
(c) the
Right to Information Act 2009 of Queensland.
(2) However, the Acts
mentioned in subsection (1) do not apply for the purposes of this Law to
the extent that—
(a)
functions under this Law are being exercised by a State or Territory entity;
or
(b)
without limiting paragraph (a), functions are being exercised by a State
or Territory entity under an agreement mentioned in section 658(2)(a) or
under a delegation under this Law.
(3) The national
regulations may modify an Act mentioned in subsection (1) for the
purposes of this Law.
(4) Without limiting
subsection (3), the national regulations may—
(a)
provide that the Act applies as if a provision of the Act specified in the
regulations were omitted; or
(b)
provide that the Act applies as if an amendment to the Act made by a law of
Queensland, and specified in the regulations, had not taken effect; or
(c)
confer a function on a State or Territory entity; or
(d)
confer jurisdiction on a tribunal or court of a participating jurisdiction.
(5) An Act mentioned
in subsection (1) applies for the purposes of this Law as if the Minister
responsible for a government agency were the responsible Ministers in relation
to a body established by this Law.
(6) Subsection (5)
applies to an Act mentioned in subsection (1) with the modifications (if
any) mentioned in subsection (3), but does not apply in relation to any
provisions of that Act specified in the national regulations for the purposes
of this subsection.
(7) In this
section—
State or Territory entity does not include the Regulator.
Division 4—Provisions relating to persons exercising functions
under Law
697—General duties of persons exercising functions under this Law
(1) A person
exercising functions under this Law must, when exercising the functions, act
honestly and with integrity.
(2) A person
exercising functions under this Law must exercise the person's functions under
this Law—
(a) in
good faith; and
(b) with
a reasonable degree of care, diligence and skill.
(3) A person
exercising functions under this Law must not make improper use of the person's
position or of information that comes to the person's knowledge in the course
of, or because of, the person's exercise of the functions—
(a) to
gain an advantage for himself or herself or another person; or
(b) to
cause a detriment to the implementation or operation of this Law.
Maximum penalty for the purposes of subsection (3): $10 000.
698—Protection from personal liability for persons exercising
Regulator's or Board's functions under this Law
(1) A person who is or
was a protected person does not incur civil liability personally for anything
done or omitted to be done in good faith—
(a) in
the exercise of a function of the Regulator or the Board under this Law; or
(b) in
the reasonable belief that the act or omission was the exercise of a function
of the Regulator or the Board under this Law.
(2) Any liability
resulting from an act or omission that would, but for the purposes of
subsection (1), attach to a protected person attaches instead to the
Regulator.
protected person means an individual who is any of the following:
(b) a
member of a committee of the Board;
(c) a
member of the staff of the Regulator;
(d) an
authorised officer;
(e) a
person to whom the Regulator has delegated any of its functions or to whom
functions delegated by the Regulator have been subdelegated;
(f) a
person acting under the direction or authority of a person mentioned in
paragraphs (a) to (e), including, for example, a person helping an
authorised officer or an assistant mentioned in section 518, 519 or 523;
(g) a
person—
(i)
who constitutes a body corporate that exercises functions
of the Regulator under this Law; and
(ii)
who is, or is of a class, prescribed by the national
regulations;
(h) any
other person exercising functions of the Regulator under this Law.
698A—No liability, right etc arising from particular functions of
authorised officer or Regulator
(1) This section
applies in relation to anything done by the Regulator or a protected person in
the exercise of—
(a) a
function of an authorised officer under section 479(2); or
(b) a
function of the Regulator under section 659(2)(ka).
(2) The doing of the
thing does not, of itself, give rise to—
(a) a
civil liability of the Regulator or protected person; or
(b) a
right, expectation, duty or obligation that would not otherwise be conferred
or imposed on a person in relation to whom the thing was done; or
(c) a
defence that would not otherwise be available to a person in relation to whom
the thing was done.
(3) However,
subsection (2)(a) applies only to a thing done by the Regulator or a
protected person in good faith.
Note—
See also section 698 in relation to civil liability for a thing done in
good faith.
(4) A reference in
this section to doing a thing includes a reference to omitting to do a thing.
(5) In this
section—
protected person —see section 698(3).
Part 1—General offences
Division 1—Offence about discrimination or victimisation
699—Discrimination against or victimisation of employees
(1) An employer must
not dismiss an employee, or otherwise prejudice an employee in the employee's
employment, for the reason that the employee—
(a) has
helped or given information to a public authority or law enforcement agency in
relation to a contravention or alleged contravention of this Law; or
(b) has
made a complaint about a contravention or alleged contravention of this Law to
an employer, former employer, fellow employee, former fellow employee, union
or public authority or law enforcement agency.
Examples of prejudicial conduct in relation to an employee's employment—
• demotion of
the employee
• unwarranted
transfer of the employee
• reducing the
employee's terms of employment
Maximum penalty: $10 000.
(2) An employer must
not fail to offer employment to a prospective employee, or in offering
employment to a prospective employee treat the prospective employee less
favourably than another prospective employee would be treated in similar
circumstances, for the reason that the prospective employee—
(a) has
helped or given information to a public authority or law enforcement agency in
relation to a contravention or alleged contravention of this Law; or
(b) has
made a complaint about a contravention or alleged contravention of this Law to
an employer, former employer, fellow employee, former fellow employee, union
or public authority or law enforcement agency.
Maximum penalty: $10 000.
(3) In a proceeding
for an offence against subsection (1) or (2), if all the facts
constituting the offence other than the reason for the defendant's action are
proved, the defendant has the onus of proving that the defendant's action was
not for the reason alleged in the charge for the offence.
(4) In this
section—
employee includes an individual who works under a contract for services;
employer , of a prospective employee, includes a prospective employer of the
employee.
700—Order for damages or reinstatement
(1) This section
applies if a court convicts an employer of an offence against section 699
in relation to an employee or prospective employee.
(2) In addition to
imposing a penalty, the court may make 1 or more of the following orders:
(a) an
order that the employer pay, within a stated period, the employee or
prospective employee the damages the court considers appropriate to compensate
the employee or prospective employee;
(b) for
an employee—an order that the employee be reinstated or re-employed in
the employee's former position or, if that position is not available, in a
similar position;
(c) for
a prospective employee—an order that the prospective employee be
employed in the position for which the prospective employee applied or, if
that position is not available, in a similar position.
(3) An order for
damages under subsection (2)(a)—
(a)
cannot be for an amount exceeding the monetary jurisdictional limit of the
court in civil proceedings; and
(b) is
taken to be, and is enforceable as, a judgment of the court sitting in civil
proceedings.
(4) A person against
whom an order is made under subsection (2)(b) or (c) must comply with the
order.
Maximum penalty: $10 000.
(5) In this
section—
employee includes an individual who works under a contract for services;
employer , of a prospective employee, includes a prospective employer of the
employee.
Division 2—Offences about false or misleading information
701—False or misleading statements
(1) A person commits
an offence if the person makes a statement to an official that the person
knows is false or misleading.
Maximum penalty: $10 000.
(2) A person commits
an offence if the person—
(a)
makes a statement to an official that is false or misleading; and
(b) is
reckless as to whether the statement is false or misleading.
Maximum penalty: $8 000.
(3) Subsections (1)
and (2) apply even if the statement was not given in response to, or in
purported compliance with, a direction or requirement under this Law.
(4) In a proceeding
for an offence against subsection (1) or (2), it is enough for a charge
to state that the statement made was 'false or misleading', without specifying
whether it was false or whether it was misleading.
(5) In this
section—
official includes—
(a) TCA
exercising a function under Chapter 7; and
(b) a
person exercising a function under this Law under the direction or authority
of an official.
702—False or misleading documents
(1) A person commits
an offence if the person gives an official a document containing information
the person knows is false or misleading.
Maximum penalty: $10 000.
(2) Subsection (1)
does not apply if the person, when giving the document—
(a)
tells the official how information contained in the document is false or
misleading; and
(b) if
the person has the correct information—gives the correct information.
(3) A person commits
an offence if the person—
(a)
gives an official a document containing information that is false or
misleading; and
(b) is
reckless as to whether information contained in the document is false or
misleading.
Maximum penalty: $8 000.
(4) Subsections (1)
and (3) apply even if the document was not given in response to, or in
purported compliance with, a direction or requirement under this Law.
(5) In a proceeding
for an offence against subsection (1) or (3), it is enough for a charge
to state that the information was 'false or misleading', without specifying
whether it was false or whether it was misleading.
(6) In this
section—
official includes—
(a) TCA
exercising a function under Chapter 7; and
(b) a
person exercising a function under this Law under the direction or authority
of an official.
703—False or misleading information given by responsible person to
another responsible person
(1) A responsible
person for a heavy vehicle (the information giver ) must not give another
responsible person for a heavy vehicle (the affected person ) information the
information giver knows, or ought reasonably to know, is false or misleading
in a material particular.
Maximum penalty: $10 000.
Note—
See section 632 for the matters a court may consider when deciding
whether a person ought reasonably to have known something.
(2) A responsible
person for a heavy vehicle (also the information giver ) must not give another
responsible person for a heavy vehicle (the affected person ) information that
is false or misleading in a material particular if the information giver does
so recklessly as to whether the information is false or misleading in the
material particular.
Maximum penalty: $8 000.
(3)
Subsections (1) and (2) do not apply if the affected person knew, or
ought reasonably to have known, that the information was false or misleading
in the material particular.
(4)
Subsection (1) or (2) does not apply if the information giver gives the
information in writing and, when giving the information—
(a)
tells the affected person how it is false or misleading; and
(b) if
the information giver has the correct information—gives the correct
information in writing.
(5)
Subsection (1) or (2) applies even if the information was not given in
response to, or in purported compliance with, a direction or requirement under
this Law.
(6) In a proceeding
for an offence against subsection (1) or (2)—
(a) it
is enough for a charge to state that the statement made was 'false or
misleading', without specifying whether it was false or whether it was
misleading; and
(b) it
is enough for a charge to state that the information given was false or
misleading to the information giver's knowledge, without specifying whether
the information giver knew or ought reasonably to have known the information
was false or misleading.
(7) In this
section—
information means information in any form, whether or not in writing;
material particular means a particular relating to an element of an offence
against this Law that is or could be committed by a person mentioned in
paragraph (a) or (b) if the person relies, or were to rely, on the
particular—
(a) the
responsible person for a heavy vehicle to whom the information is given;
(b) any
other responsible person for a heavy vehicle who, at any time, is given the
false or misleading information.
704—Offence to falsely represent that heavy vehicle authority is held
etc
(1) A person must not
represent—
(a) that
the person has been granted a heavy vehicle authority the person has not been
granted; or
(b) that
a heavy vehicle authority has been granted in relation to a thing for which it
has not been granted; or
(c) that
the person is operating under a heavy vehicle authority that the person is not
entitled to operate under; or
(d) that
a thing is operating under a heavy vehicle authority that the thing is not
authorised to operate under.
Maximum penalty: $10 000.
(2) A person must not
represent that the person or a thing is operating under a heavy vehicle
authority if the authority is no longer in force.
Maximum penalty: $10 000.
(3) A person must not
possess a document that falsely purports to be—
(a) an
accreditation certificate for a heavy vehicle accreditation; or
(b) a
document mentioned in section 468(1)(b) or (c); or
(c) a
document evidencing the grant of an electronic recording system approval,
exemption, authorisation, permit or other authority under this Law; or
Examples—
a Commonwealth Gazette notice, a permit
(d) a
copy of a document mentioned in paragraph (a), (b) or (c).
Maximum penalty: $10 000.
(4) In this
section—
heavy vehicle authority means—
(a) a
heavy vehicle accreditation; or
(b) an
electronic recording system approval, exemption, authorisation, permit or
other authority under this Law.
Part 2—Industry codes of practice
705—Guidelines for industry codes of practice
(1) The Regulator may
make guidelines about the preparation and content of an industry code of
practice that may be registered under this Law.
(2) Without limiting
subsection (1), the guidelines may provide that an industry code of
practice registered under this Law must provide for the review of the code of
practice.
(3) The Regulator
must—
(a) keep
a copy of the guidelines available for inspection by the public, during office
hours on business days, at the Regulator's head office; and
(b)
publish a copy of the guidelines on the Regulator's website.
706—Registration of industry codes of practice
(1) The Regulator may
register an industry code of practice for the purposes of this Law prepared in
accordance with guidelines in force under section 705.
(2) The registration
may be subject to the following conditions imposed by the Regulator:
(a) that
the industry code of practice must be reviewed after a stated period;
(b) that
a stated person, or a person of a stated class, must be appointed to maintain
the industry code of practice and ensure it is updated following changes to
best practice methods for the industry to which it relates;
(c) that
the industry code of practice must be updated following changes to the
guidelines for the preparation and content of the industry code of practice in
force under section 705.
(3) The registration
may be subject to other conditions the Regulator considers appropriate.
(4) Subsection (5)
applies if—
(a) a
condition applying to the registration of an industry code of practice is
contravened; or
(b) the
guidelines in force under section 705 about the preparation and content
of an industry code of practice are changed and a registered industry code of
practice does not comply with the guidelines as amended.
(a)
amend the conditions of the registration, including by adding new conditions;
or
Example of a condition for the purposes of paragraph (a)—
that the registered industry code of practice be amended in a stated way to
reflect a change to the guidelines for the preparation and content of the code
of practice in force under section 705
(b)
cancel the registration.
(6) Conditions
mentioned in subsection (2) can be amended under subsection (5) so
long as the amended conditions conform with subsection (2), but cannot
otherwise be amended.
(7) The Regulator
incurs no liability for loss or damage suffered by a person because the person
relied on a registered industry code of practice.
Part 3—Legal proceedings
Division 1—Proceedings
707—Proceeding for indictable offences
(1) The prosecution
may bring a proceeding for an indictable offence—
(a) on
indictment; or
(b) in a
summary way.
(2) However, a court
of summary jurisdiction must not hear and decide an indictable offence in a
summary way if—
(a) at
the start of the hearing, the defendant asks for the charge to be prosecuted
on indictment; or
(b) the
court is satisfied—
(i)
after hearing submissions from the prosecution and
defence at any stage of the hearing, that the defendant, if convicted, may not
be adequately punished for the particular offence on a summary conviction; or
(ii)
on an application made by the defence, that the charge
should not be heard and decided in a summary way because of exceptional
circumstances.
(3) If the court
decides that the offence be prosecuted on indictment—
(a) the
court must conduct the proceeding as a committal proceeding; and
(b) any
evidence given in the proceeding, before the court decided that the offence be
prosecuted on indictment, is taken to be evidence in the committal proceeding;
and
(c) the
court must disregard any plea that the defendant made at the start of the
proceeding.
707A—Proceeding for other offences
(1) The prosecution
must bring a proceeding for an offence against this Law, other than an
indictable offence, in a summary way.
(2) The proceeding
must start—
(a)
within 2 years after the offence is committed; or
(b)
within 1 year after the commission of the offence comes to the complainant's
knowledge, but within 3 years after the offence is committed.
(3) A statement in a
complaint for an offence against this Law that the matter of the complaint
came to the complainant's knowledge on a stated day is evidence of when the
matter came to the complainant's knowledge.
Division 2—Evidence
708—Proof of appointments unnecessary
For the purposes of this Law, it is not necessary to prove the appointment of
the following persons:
(a) an
official;
(b) a
police commissioner.
709—Proof of signatures unnecessary
For the purposes of this Law, a signature purporting to be the signature of 1
of the following persons is evidence of the signature it purports to be:
(a) an
official;
(b) a
police commissioner.
710—Averments
(1) In a proceeding
for an offence against this Law, a statement in the complaint for the offence
that, at a stated time or during a stated period—
(a) a
stated vehicle or a stated combination was a heavy vehicle; or
(b) a
stated vehicle or a stated combination was of a stated category of heavy
vehicle; or
(c) a
stated person was the registered operator of a stated heavy vehicle; or
(d) a
stated person held a permit for a mass or dimension authority, a heavy vehicle
accreditation or another authority under this Law; or
(e) a
stated location was, or was a part of, a road or road-related area; or
(f) a
stated location was, under a stated provision of this Law or another stated
law, subject to a stated prohibition, restriction or other requirement about
the use of heavy vehicles or stated categories of heavy vehicles,
is evidence of the matter.
(2) In a proceeding
for an offence against this Law, a statement or allegation in the complaint
for the offence that the act or omission constituting the alleged offence was
done or made in a stated place, at a stated time, on a stated date or during a
stated period, is evidence of the matter.
711—Evidence by certificate by Regulator generally
(1) A certificate
purporting to be issued by the Regulator and stating that, at a stated time or
during a stated period—
(e) a
stated person held or did not hold a heavy vehicle accreditation granted under
this Law; or
(f) a
stated exemption or authorisation under this Law applied or did not apply to a
stated person or a stated heavy vehicle; or
(g) a
stated person is the holder of a stated permit or other authority under this
Law; or
(h) a
stated heavy vehicle accreditation, exemption, authorisation, permit or other
authority under this Law was or was not amended, suspended or cancelled under
this Law; or
(i)
a stated penalty, fee, charge or other amount was or was
not, or is or is not, payable under this Law by a stated person; or
(j) a
stated fee, charge or other amount payable under this Law was or was not paid
to the Regulator; or
(k) a
stated person has or has not notified the Regulator of any, or a stated,
change of the person's address; or
(l) a
stated identification card (however called) was issued by the Regulator to a
stated person and was or was not current; or
(m) a
stated authorised officer (other than an authorised officer who is a police
officer) was authorised to exercise a stated power under this Law and—
(i)
was not restricted in the exercise of the power by the
officer's conditions of appointment or a direction of the Regulator; or
(ii)
was not restricted in a stated way in the exercise of the
power by the officer's conditions of appointment or a direction of the
Regulator; or
(n) a
stated industry code of practice was or was not registered under
section 706; or
(o) a
stated road or road-related area, or a stated part of a road or road-related
area, was in an area or on a route declared under a stated provision of this
Law or the national regulations; or
(p) a
stated heavy vehicle, or a stated component of a stated heavy vehicle, was
weighed by or in the presence of a stated authorised officer on a stated
weighbridge or weighing facility or by the use of a stated weighing device,
and that a stated mass was the mass of the vehicle or component; or
(q) a
stated mathematical or statistical procedure was carried out in relation to
stated information generated, recorded, stored, displayed, analysed,
transmitted or reported by an approved intelligent transport system and the
results of the procedure being carried out;
is evidence of the matter.
(2) A procedure
specified in a certificate under subsection (1)(q) is presumed, unless
the contrary is proved—
(a) to
be valid and reliable for the purpose for which it was used; and
(b) to
have been carried out correctly.
712—Evidence by certificate by road authority
A certificate purporting to be issued by a road authority and stating that, at
a stated time or during a stated period—
(a) a
stated vehicle was or was not registered or licensed under a law administered
by the authority; or
(b) a
stated person was the person in whose name a stated vehicle was registered or
licensed under a law administered by the authority; or
(c) a
stated vehicle was not registered or licensed under a law administered by the
authority in a stated person's name; or
(d) a
stated location—
(i)
was, or was part of, a road or road-related area; or
(ii)
was not a road or road-related area or part of a road or
road-related area; or
(e) a
stated location was or was not, under a stated law of a stated participating
jurisdiction, subject to a stated prohibition, restriction or other
requirement about the use of heavy vehicles or stated categories of heavy
vehicles,
is evidence of the matter.
713—Evidence by certificate by Regulator about matters stated in or
worked out from records
(1) A certificate
purporting to be issued by the Regulator and stating any of the following
matters is evidence of the matter:
(a) a
stated matter appears in a stated record kept by the Regulator for the
administration or enforcement of this Law;
(b) a
stated matter appears in a stated record accessed by the Regulator for the
administration or enforcement of this Law.
(2) A certificate
purporting to be issued by the Regulator and stating that a matter that has
been worked out from either of the following is evidence of the matter:
(a) a
stated record kept by the Regulator for the administration or enforcement of
this Law;
(b) a
stated record accessed by the Regulator for the administration or enforcement
of this Law.
(3) This section does
not limit section 711.
714—Evidence by certificate by authorised officer about instruments
(1) A certificate
purporting to be issued by an authorised officer and stating that, on a stated
day or at a stated time on a stated day, a stated instrument—
(a) was
in a proper condition; or
(b) had
a stated level of accuracy,
is evidence of those matters on the stated day or at the stated time.
(2) Evidence of the
condition of the instrument, or the way in which it was operated, is not
required unless evidence that the instrument was not in proper condition or
was not properly operated has been given.
(3) A defendant in a
proceeding for an offence against this Law who intends to challenge the
condition of an instrument, or the way in which it was operated, must give the
complainant notice of the intention to challenge.
(4) The notice must
be—
(a)
signed by the defendant; and
(b)
given at least 14 days before the day fixed for the hearing of the charge.
(5) In this
section—
instrument means—
(a) a
weighing device; or
(b) an
intelligent transport system.
715—Challenging evidence by certificate
(1) A defendant in a
proceeding for an offence against this Law who intends to challenge a matter
stated in a certificate mentioned in section 711, 712, 713 or 714(1) must
give the complainant notice of the intention to challenge.
(2) The notice must
be—
(a)
signed by the defendant; and
(b)
given at least 14 days before the day fixed for the hearing of the charge.
(3) If the matter
intended to be challenged is the accuracy of a measurement, an analysis or a
reading from a device, the notice must state—
(a) the
basis on which the defendant intends to challenge the accuracy of the
measurement, analysis or reading; and
(b) the
measurement, analysis or reading the defendant considers to be the correct
measurement, analysis or reading.
(4) A defendant in a
proceeding for an offence against this Law cannot challenge a matter stated in
a certificate mentioned in section 711, 712, 713 or 714(1) unless—
(a) the
defendant has complied with this section; or
(b) the
court gives leave to the defendant to challenge the matter, in the interests
of justice.
(5) This section
applies only if the defendant is given a copy of the certificate at least
28 days before the appointed date for the hearing of the charge.
716—Evidence by record about mass
A record of the mass of a heavy vehicle, or a component of a heavy vehicle,
purporting to be made by the operator of a weighbridge or weighing facility at
which the vehicle or component was weighed, or by the operator's
employee—
(a) is
admissible in a proceeding under this Law; and
(b) is
evidence of the mass of the vehicle or component at the time it was weighed.
717—Manufacturer's statements
(1) A written
statement of the recommended maximum loaded mass ( mass rating ) for a heavy
vehicle, or a component of a heavy vehicle, purporting to be made by the
manufacturer of the vehicle or component is admissible in a proceeding under
this Law and is evidence—
(a) of
the mass rating; and
(b) of
any conditions, stated in the statement, to which the mass rating is subject;
and
(c) that
the statement was made by the manufacturer.
(2) A written
statement of the strength or performance rating of equipment used to restrain
a load and designed for use on a heavy vehicle, or on a component of a heavy
vehicle, purporting to be made by the manufacturer of the equipment is
admissible in a proceeding under this Law and is evidence—
(a) that
the equipment was designed for the use; and
(b) of
the strength or performance rating of the equipment; and
(c) of
any conditions, stated in the statement, to which the rating is subject; and
(d) that
the statement was made by the manufacturer.
Example of equipment used to restrain a load—
a chain or strap
718—Measurement of weight on tyre
(1) A mark or print on
a tyre purporting to be the maximum load capacity decided by the manufacturer
of the tyre is evidence of the maximum load capacity for the tyre at cold
inflation pressure decided by the manufacturer.
(2) If it is
impracticable to work out the mass on each tyre in an axle or axle group, the
mass on the axle or axle group divided by the number of tyres in the axle or
axle group is taken to be the mass on the tyre in the absence of evidence to
the contrary.
719—Transport and journey documentation
(1) Transport
documentation and journey documentation are admissible in a proceeding under
this Law and are evidence of—
(a) the
identity and status of the parties to the transaction to which the
documentation relates; and
(b) the
destination or intended destination of the load to which the documentation
relates; and
(c)
either or both the date on which and the time at which—
(i)
any document in the documentation was created; or
(ii)
any transaction mentioned in the documentation was
effected or carried out; or
(iii)
any journey mentioned in the documentation was started,
carried out or finished; or
(iv)
any other matter mentioned in the documentation was
effected, started, carried out or finished; and
(d) the
location of any person, heavy vehicle, goods or other matter or thing
mentioned in the documentation; and
(e) the
date and time at which any person, heavy vehicle, goods or other matter or
thing mentioned in the documentation was present at a particular place.
(2) In this
section—
status , of the parties to a transaction, includes the status of each of the
parties as a responsible person for the heavy vehicle used or intended to be
used for transporting the goods the subject of the transaction.
720—Evidence not affected by nature of vehicle
Evidence obtained in relation to a vehicle because of the exercise of a power
under this Law in the belief or suspicion that the vehicle is a heavy vehicle
is not affected merely because the vehicle is not a heavy vehicle.
721—Certificates of TCA
(1) A certificate
purporting to be signed by a person on behalf of TCA stating any of the
following matters is evidence of the matter:
(a) a
stated intelligent transport system was or was not an approved intelligent
transport system on a stated date or during a stated period;
(b) a
stated person was or was not an intelligent access program service provider on
a stated date or during a stated period;
(c) a
stated person was or was not an intelligent access program auditor on a stated
date or during a stated period.
(2) A person who
purportedly signs a certificate of a type mentioned in subsection (1) on
behalf of TCA is presumed, unless the contrary is proved, to have been
authorised by TCA to sign the certificate on TCA's behalf.
722—Approved intelligent transport system
(1) An approved
intelligent transport system, including all the equipment and software that
makes up the system, is presumed, unless the contrary is proved, to have
operated properly on any particular occasion.
(2) Without limiting
subsection (1), information generated, recorded, stored, displayed,
analysed, transmitted and reported by an approved intelligent transport system
is presumed, unless the contrary is proved, to have been correctly generated,
recorded, stored, displayed, analysed, transmitted and reported by the system.
(3) Without limiting
subsection (1) or (2), information generated by an approved intelligent
transport system is presumed, unless the contrary is proved, not to have been
changed by being recorded, stored, displayed, analysed, transmitted or
reported by the system.
(4) If in a proceeding
it is established by contrary evidence that particular information recorded or
stored by an approved intelligent transport system is not a correct
representation of the information generated by the system, the presumption
mentioned in subsection (3) continues to apply to the remaining
information recorded or stored by the system despite that contrary evidence.
(5) If a defendant in
a proceeding for an offence against this Law intends to challenge any of the
following matters, the defendant must give the complainant notice of the
intention to challenge:
(a) that
an approved intelligent transport system has operated properly;
(b) that
information generated, recorded, stored, displayed, analysed, transmitted or
reported by an approved intelligent transport system has been correctly
generated, recorded, stored, displayed, analysed, transmitted or reported by
the system;
(c) that
information generated by an approved intelligent transport system has not been
changed by being recorded, stored, displayed, analysed, transmitted or
reported by the system.
(6) The notice
must—
(a) be
signed by the defendant; and
(b)
state the grounds on which the defendant intends to rely to challenge a matter
mentioned in subsection (5)(a), (b) or (c); and
(c) be
given at least 14 days before the day fixed for the hearing of the charge.
(7) This section does
not limit section 714.
723—Evidence as to intelligent access map
(1) A certificate
purporting to be signed by a person on behalf of TCA stating that a particular
map was or was not the intelligent access map as issued by TCA on a stated
date or during a stated period is conclusive evidence of the matter stated in
the certificate.
(2) The intelligent
access map, as issued by TCA at a particular time, is presumed, unless
evidence sufficient to raise doubt about the presumption is adduced, to be a
correct representation of the national road network at the time of its issue.
(3) A person who
purportedly signs a certificate of the kind referred to in subsection (1)
on behalf of TCA is presumed, unless evidence sufficient to raise doubt about
the presumption is adduced, to have been authorised by TCA to sign the
certificate on TCA's behalf.
724—Reports and statements made by approved intelligent transport system
(1) A report
purporting to be made by an approved intelligent transport system—
(a) is
presumed, unless the contrary is proved—
(i)
to have been properly made by the system; and
(ii)
to be a correct representation of the information
generated, recorded, stored, displayed, analysed, transmitted and reported by
the system; and
(b) is
admissible in a proceeding under this Law; and
(c) is
evidence of the matters stated in it.
(2) However,
subsection (1)(c) does not apply to information stated in a report made
by an approved intelligent transport system that has been manually entered
into the system by an operator or driver of a heavy vehicle.
Example—
If the driver of a heavy vehicle enters the mass of the vehicle into the
intelligent transport system, the information about the mass of the vehicle
stated in a report made by the system is not evidence of the mass of the
vehicle.
(3) Also, if in a
proceeding it is established by contrary evidence that part of a report made
by an approved intelligent transport system is not a correct representation of
particular information generated, recorded, stored, displayed, analysed,
transmitted or reported by the system, the presumption mentioned in
subsection (1)(a) continues to apply to the remaining parts of the report
despite that contrary evidence.
(4) If a defendant in
a proceeding for an offence against this Law intends to challenge any of the
following matters, the defendant must give the complainant notice of the
intention to challenge:
(a) that
a report made by an approved intelligent transport system has been properly
made;
(b) that
a report made by an approved intelligent transport system is a correct
representation of the information generated, recorded, stored, displayed,
analysed, transmitted and reported by the system;
(c) the
correctness of a statement of a vehicle's position on the surface of the earth
at a particular time that is made by an approved intelligent transport system.
(5) The notice
must—
(a) be
signed by the defendant; and
(b)
state the grounds on which the defendant intends to rely to challenge the
matter mentioned in subsection (4)(a), (b) or (c); and
(c) be
given at least 14 days before the day fixed for the hearing of the charge.
(6) This section does
not limit section 714.
725—Documents produced by an electronic recording system
(1) This section
applies to an approved electronic recording system constituting an electronic
work diary or of which an electronic work diary is a part.
(2) A document
purporting to be made by the approved electronic recording system—
(a) is
presumed, unless the contrary is proved—
(i)
to have been properly made by the system; and
(ii)
to be a correct representation of the information
generated, recorded, stored, displayed, analysed, transmitted and reported by
the system; and
(b) is
admissible in a proceeding under this Law relating to a fatigue-regulated
heavy vehicle; and
(c) is
evidence of the matters stated in it.
726—Statement by person involved with use or maintenance of approved
electronic recording system
(1) This section
applies to an approved electronic recording system constituting an electronic
work diary or of which an electronic work diary is a part.
(2) A written
statement about how the approved electronic recording system has been used or
maintained, and purporting to be made by the person purporting to be involved
in the use or maintenance—
(a) is
admissible in a proceeding under this Law relating to a fatigue-regulated
heavy vehicle; and
(b) is
evidence of the matters included in the statement.
Examples of statements—
• a statement
made by the driver of a fatigue-regulated heavy vehicle who uses an electronic
work diary about how the driver operated the work diary
• a statement
made by an owner of an approved electronic recording system about how the
owner has maintained the system
• a statement
made by the record keeper (within the meaning given by section 317) of
the driver of a fatigue-regulated heavy vehicle who uses an electronic work
diary about how information was transmitted from the electronic work diary to
the record keeper
726A—Evidence of offence
(1) In a proceeding
for an offence against this Law—
(a)
evidence of a court convicting a person of a heavy vehicle offence is evidence
that the heavy vehicle offence happened at the time and place, and in the
circumstances, stated in the complaint for the heavy vehicle offence; and
(b)
evidence of details stated in an infringement notice issued for a heavy
vehicle offence is evidence that the heavy vehicle offence happened at the
time and place, and in the circumstances, stated in the infringement notice.
(2) In this
section—
heavy vehicle offence means—
(a) an
offence against this Law; or
(b) an
offence by the driver of a heavy vehicle of exceeding a speed limit applying
to the driver.
726B—Evidence obtained by police using other powers
To remove any doubt, it is declared that evidence lawfully obtained by a
police officer using powers other than the powers under this Law is not
inadmissible in proceedings for a contravention of this Law only because the
evidence was obtained using the other powers.
726C—Evidence obtained in another jurisdiction
To remove any doubt, it is declared that evidence lawfully obtained in a
jurisdiction (the first jurisdiction ) is not inadmissible in proceedings for
a contravention of this Law in another jurisdiction only because the evidence
was obtained in the first jurisdiction.
Division 3—Publication of court outcomes
726D—Regulator may publish convictions, penalties, orders, etc
(1) This section
applies if a court convicts a person of an offence against this Law.
Note—
Under section 9, a court convicts a person of an offence if the court
finds the person guilty, or accepts the person's plea of guilty, for the
offence whether or not a conviction is recorded.
(2) The Regulator may
publish the following information about the conviction on the Regulator's
website:
(a) the
offence for which the person was convicted;
(b) if
the court imposed a penalty for the conviction—the penalty imposed;
(c) if
the court made an order against the person in relation to the
conviction—information about the order made, other than information that
could identify or lead to the identification of the person.
Note—
Orders the court may make include commercial benefits penalty orders (see
section 597), supervisory intervention orders (see section 600),
prohibition orders (see section 607) and compensation orders (see
section 611).
Part 4—Protected information
727—Definitions for Chapter 13 Part 4
authorised use , for protected information, means—
(a) use
by a person—
(i)
in the exercise of a function under this Law; or
(ii)
where use of the information is required or authorised
under this Law (whether explicitly or by implication); or
(b) use
by a public authority or law enforcement agency—
(i)
for the administration or enforcement of a law or the
exercise of another function of the authority or agency, including, for
example, investigating a contravention or suspected contravention of a law; or
(ii)
if a law authorises, requires or permits the disclosure
of the information to, and the use of the information by, the authority or
agency; or
(c) use
by a court or tribunal in a proceeding under an Australian road law; or
(d) use
by a court or tribunal if an order of the court or tribunal requires the
disclosure of the information to the court or tribunal; or
(e) an
activity associated with preventing or minimising—
(i)
a risk of danger to the life of a person; or
(ii)
a risk of serious harm to the health of a person; or
(iii)
a risk to public safety; or
(f) a
use authorised by the person to whom the information relates; or
(g)
research purposes if the information contains no personal information; or
(h) use
by an entity (whether public or private) in connection with road tolls; or
(i)
use by an entity (whether public or private) in
connection with the administration of third party insurance legislation; or
(j) use
by an entity (whether public or private) for the purpose of determining the
registration status of a heavy vehicle; or
(k) a
use required or authorised under a relevant law of a participating
jurisdiction; or
(l) a
use prescribed by the national regulations; or
(m) a
use referred to in subsection (2);
driver fatigue compliance function means a function exercised for the purpose
of—
(a) the
administration or enforcement of a driver fatigue provision; or
(b)
education, evaluation and similar activities supporting administration or
enforcement of a driver fatigue provision;
driver fatigue provision means any of the following:
(aa)
Chapter 1A to the extent the Chapter relates to driver fatigue;
(b)
Chapter 8 to the extent the Chapter relates to BFM accreditation or AFM
accreditation;
(c)
Division 8 of Chapter 9 Part 3;
(d)
Chapter 9, other than Division 8 of Chapter 9 Part 3, to
the extent the Chapter applies to the enforcement of provisions mentioned in
paragraphs (aa), (a) and (b);
electronic work diary authorised use , for electronic work diary protected
information, means—
(a) use
by a person—
(i)
in the exercise of a driver fatigue compliance function;
or
(ii)
not in the exercise of a driver fatigue compliance
function but authorised under a warrant mentioned in section 729B; or
(b) use
by a person in the exercise of a function under another law if a warrant
issued by a judge or magistrate under the other law or a different law
authorises or permits the use of the information by the person; or
(c) use
by a court or tribunal in a proceeding under an Australian road law; or
(d) use
by a court or tribunal if an order of the court or tribunal requires the
disclosure of the information to the court or tribunal; or
(e)
research purposes if the information contains no personal information; or
(f) use
prescribed by the national regulations; or
(g) use
referred to in subsection (3);
electronic work diary information means information generated, recorded,
stored, displayed, analysed, transmitted or reported by an approved electronic
recording system that constitutes an electronic work diary, or of which an
electronic work diary is a part;
electronic work diary protected information —
(a)
means electronic work diary information; but
(b) does
not include—
(i)
information obtained, collected or recorded other than
for the purposes of Chapter 1A to the extent the Chapter relates to driver
fatigue or Chapter 6 (the driver fatigue purposes ), even if the
information is—
(A) coincidentally relevant for a driver
fatigue purpose; and
(B) recorded in an electronic work diary;
or
(ii)
information relating to proceedings before a relevant
tribunal or court that are or were open to the public;
police agency means a police force or police service (however called) of a
participating jurisdiction, and includes an entity prescribed by the
Application Act of this jurisdiction as an entity included in this definition;
protected information —
(a)
means information obtained in the course of administering this Law or because
of an opportunity provided by involvement in administering this Law; but
(b) does
not include—
(i)
intelligent access program information; or
Note—
See Chapter 7 for the restrictions on the use and disclosure of
intelligent access program information.
(ii)
information mentioned in paragraph (a) in a form
that does not identify a person; or
(iii)
information relating to proceedings before a relevant
tribunal or court that are or were open to the public; or
(iv)
electronic work diary protected information;
relevant law , of a participating jurisdiction, means a law specified for this
definition in a law of the jurisdiction.
(2) It is also an
authorised use, for protected information disclosed to or otherwise held by a
police agency for any purpose or for a particular purpose, to disclose the
information to another police agency authorised to hold protected information
(whether or not for the same purpose).
(3) It is also an
authorised use, for electronic work diary protected information disclosed to
or otherwise held by a police agency for the purpose of the exercise of a
driver fatigue compliance function, to disclose the information to another
police agency authorised to hold electronic work diary protected information
for the purpose of the exercise of a driver fatigue compliance function.
(4) To remove any
doubt, it is declared that a reference in this Part to the disclosure of
protected information or electronic work diary protected information to an
entity includes a reference to the disclosure of the information to a duly
authorised employee or agent of the entity.
728—Duty of confidentiality for protected information
(1) A person who is,
or has been, a person exercising functions under this Law must not disclose
protected information to another person.
Maximum penalty: $20 000.
(2) However,
subsection (1) does not apply to the Regulator—
(a)
disclosing protected information in the form of a confirmation that a stated
person is the registered operator of a stated heavy vehicle; or
(b)
disclosing details of heavy vehicles registered in a person's name to an
executor or administrator of that person's deceased estate.
(3) Also,
subsection (1) does not apply if—
(a) the
disclosure is to an entity for an authorised use; or
(b) the
disclosure is to, or made with the agreement of, the person to whom the
information relates.
728A—Duty of confidentiality for electronic work diary protected
information
(1) A person who is,
or has been, a person exercising functions under this Law must not disclose
electronic work diary protected information to another person.
Maximum penalty: $20 000.
(2) Subsection (1)
does not apply if—
(a) the
disclosure is to an entity for an electronic work diary authorised use; or
(b) the
disclosure is to, or made with the agreement of, the person to whom the
information relates.
729—Protected information only to be used for authorised use
(1) A person who is,
or has been, a person exercising functions under this Law must not use
protected information other than for an authorised use.
Maximum penalty: $20 000.
(2) However,
subsection (1) does not apply to the Regulator using protected
information for making a disclosure mentioned in section 728(2).
(3) A person to whom
protected information is disclosed under section 728(3)(a) must not use
the protected information other than for the authorised use for which it was
disclosed to the person.
Maximum penalty: $20 000.
729A—Electronic work diary protected information only to be used for
electronic work diary authorised use
(1) A person who is,
or has been, a person exercising functions under this Law must not use
electronic work diary protected information other than for an electronic work
diary authorised use.
Maximum penalty: $20 000.
(2) A person to whom
electronic work diary protected information is disclosed under
section 728A(2)(a) must not use the information other than for the
electronic work diary authorised use for which it was disclosed to the person.
Maximum penalty: $20 000.
729B—Warrant authorising use of electronic work diary protected
information
(1) A warrant issued
under section 507 by an authorised warrant official who is a judge or
magistrate may authorise electronic work diary protected information to be
seized under the warrant.
(2) The warrant must
state the purpose for which the information may be used.
(3) An authorised
officer may apply for, and the authorised warrant official who is a judge or
magistrate may issue, the warrant for entry of a vehicle at a place stated in
the warrant or, despite sections 506(1) and 507(2)(a), wherever the
vehicle is located.
(4) Chapter 9
does not authorise an authorised officer to obtain electronic work diary
protected information for a purpose other than the enforcement of a driver
fatigue provision unless the information is authorised to be seized under a
warrant mentioned in subsection (1).
Part 5—National regulations
730—National regulations
(1) For the purposes
of this section, the designated authority is the Queensland Governor acting
with the advice of the Executive Council of Queensland and on the unanimous
recommendation of the responsible Ministers.
(2) The designated
authority may make regulations for the purposes of this Law.
(3) The regulations
may provide for—
(a) any
matter a provision of this Law states may be provided for in the regulations;
and
(b) the
imposition of a maximum fine for a contravention of a provision of the
regulations of not more than—
(i)
for a contravention by an individual—$4 000;
or
(ii)
in any other case—$20 000; and
Note—
However, a maximum fine imposed by the regulations may be increased under
section 737 to a higher amount.
(c) any
other matter that is necessary or convenient to be prescribed for carrying out
or giving effect to this Law.
(4)
Subsection (3)(b) does not require a provision of the regulations
prescribing a maximum fine for an offence to expressly prescribe a maximum
fine for a body corporate different to the maximum fine for an individual.
Note—
See section 596 in relation to a provision of the regulations prescribing
a maximum fine that does not expressly prescribe a maximum fine for a body
corporate different to the maximum fine for an individual.
(5) In this
section—
Queensland Governor means the Governor of the State of Queensland and
includes—
(a) a
person acting under a delegation under section 40 of the Constitution of
Queensland 2001 ; and
(b) a
person for the time being administering the Government of Queensland under
section 41 of the Constitution of Queensland 2001 .
731—National regulations for approved vehicle examiners
(1) Without limiting
any other provision of this Law, the national regulations may provide
for—
(a) the
approval of classes of vehicle examiners to inspect vehicles for the purposes
of this Law; and
(b) the
role of the Regulator in approving classes of vehicle examiners and persons as
vehicle examiners; and
(c)
probity requirements for becoming and being approved vehicle examiners; and
(d) the
functions of approved vehicle examiners or classes of approved vehicle
examiners, including, for example—
(i)
the examination and testing of heavy vehicles and
equipment; and
(ii)
the oversight of entities involved in the inspection or
repair of heavy vehicles; and
(iii)
the clearance of vehicle defect notices; and
(e) the
premises or location where functions of approved vehicle examiners are
permitted to be conducted and any matters relating to the premises or location
where those functions are conducted; and
(f) the
facilities and equipment that approved vehicle examiners are required to have
in connection with the exercise of their functions; and
(g) the
terms and conditions of approval of persons as vehicle examiners (including,
for example, fees, qualifications and responsibilities); and
(h)
procedures for monitoring and auditing compliance with—
(i)
the terms and conditions of approval of a person as a
vehicle examiner; and
(ii)
the relevant provisions of this Law and any applicable
code of practice prescribed by the national regulations; and
(iii)
any other relevant requirements; and
(i)
the discipline of, and disciplinary procedures applying
to, approved vehicle examiners and entities having responsibility for their
functions (including directors, managers and employees), whether—
(i)
by way of monetary penalties, restriction on functions,
imposition of conditions, variation of terms of appointment, suspension of
appointment, cancellation of appointment; or
(ii)
in some other way.
(2) The national
regulations may make provision with respect to vehicle examiners (however
described) appointed or authorised under a law of any participating
jurisdiction and entities having responsibility for their functions (including
directors, managers and employees), including processes relating to discipline
and disciplinary procedures applying to them.
732—National regulations for publication of agreements for services to
States or Territories
Without limiting any other provision of this Law, the national regulations may
provide that particular matters contained in or relating to agreements
referred to in section 658(2) are to be published on the Regulator's
website.
733—Publication of national regulations
(1) The national
regulations are to be published on the NSW legislation website in accordance
with Part 6A of the Interpretation Act 1987 of New South Wales.
(2) A regulation
commences on the day or days specified in the regulation for its commencement
(being not earlier than the date it is published).
734—Scrutiny of national regulations
(1) The responsible
Minister for a participating jurisdiction is to refer any adverse report about
a national regulation from a legislation scrutiny body for that jurisdiction
to the responsible Ministers for consideration and advice.
(2) The responsible
Ministers are to prepare advice on the adverse report and provide a report to
the relevant responsible Minister about the issues raised.
(3) The report by the
responsible Ministers is to be provided to the responsible Minister in
sufficient time to ensure the responsible Minister can provide the response to
the relevant scrutiny body within a period that is appropriate in the
circumstances.
(4) Subsections (1) to
(3) do not affect any legislative or other arrangements regarding scrutiny and
disallowance in jurisdictions and do not limit a responsible Minister's
ability to respond independently to any issues raised by a legislation
scrutiny body.
(5) In this
section—
legislation scrutiny body means a parliamentary committee (or other
parliamentary body) whose functions include the scrutiny of regulations and
other subordinate legislation.
Part 6—Other
735—Approved forms
(1) The Regulator may
approve forms for use under this Law.
(2) The approval of a
form must be notified on the Regulator's website.
(3) Failure to comply
with subsection (2) does not affect a form's validity.
(4) The function of
approving forms includes the function of approving the format of forms.
735A—Legal professional privilege
Nothing in this Law compels a person to give information that is the subject
of legal professional privilege to another person.
736—Penalty at end of provision
In this Law, a penalty stated at the end of a provision indicates that an
offence mentioned in the provision is punishable on conviction or, if no
offence is mentioned, a contravention of the provision constitutes an offence
against the provision that is punishable on conviction, by a penalty not more
than the stated penalty.
Note—
See also section 596 in relation to maximum fines for bodies corporate.
737—Increase of penalty amounts
(1) This section
applies to the penalty stated at the end of a provision for an offence
(including a penalty whose amount has already been increased by a previous
application or applications of this section).
(2) At the start of 1
July of each year, beginning with 1 July 2014, the amount of each penalty is
increased, from the amount that applied immediately before that 1 July, in
accordance with the method prescribed by the national regulations for the
purposes of this section.
Note—
In some circumstances, the operation of the method can result in no increases
occurring on a particular 1 July.
(2a) To remove any
doubt, the maximum fine limits mentioned in section 730(3)(b) do not
limit the application of subsection (2).
(3) A recommendation
of the responsible Ministers for national regulations prescribing a method for
the increase of penalties cannot be made unless the responsible Ministers are
satisfied that the method generally accords with increases in relevant
inflation indexes or similar indexes.
(4) As soon as
practicable but before 1 July of each year, the Regulator must publish on the
Regulator's website the amounts of each penalty applying as from that date.
737A—Application of section 737 to new penalties
(1) The enactment of a
new penalty includes the enactment of an increase in the amount of penalty
applying under section 737, to take effect when the new penalty
commences.
(2) For applying
section 737 under subsection (1) to a new penalty, the amount of
penalty applying under section 737 is to be calculated as if—
(a) the
new penalty had commenced before 1 July 2014; and
(b) the
amount of penalty applying had been increased under section 737(2) on
1 July 2014 and any later 1 July happening before the new
penalty actually commences.
(3) In this
section—
new penalty means a penalty amount stated at the end of a provision for an
offence inserted into this Law by an amending Act.
738—Service of documents
(1) If this Law
requires or permits a document to be served on a person, the document may be
served—
(a) on
an individual—
(i)
by delivering it to the individual personally; or
(ii)
by leaving it at, or by sending it by post to, the
address of the place of residence or business of the individual last known to
the person serving the document; or
(iii)
by sending it by fax to a fax number notified to the
sender by the individual as an address at which service of documents under
this Law will be accepted; or
(iv)
by sending it by email to an Internet address notified to
the sender by the individual as an address at which service of documents under
this Law will be accepted; or
(b) on
another person—
(i)
by leaving it at, or by sending it by post to, the head
office, a registered office or a principal office of the person; or
(ii)
by sending it by fax to a fax number notified to the
sender by the person as an address at which service of documents under this
Law will be accepted; or
(iii)
by sending it by email to an Internet address notified to
the sender by the person as an address at which service of documents under
this Law will be accepted.
(2) Subsection (1)
applies whether the expression "deliver", "give", "notify", "send" or "serve"
or another expression is used.
(3) Subsection (1)
does not affect—
(a) the
operation of another law that authorises the service of a document otherwise
than as provided in the subsection; or
(b) the
power of a court or tribunal to authorise service of a document otherwise than
as provided in the subsection.
739—Service by post
(1) If a document
authorised or required to be served on a person under this Law is served by
post, service of the document—
(a) may
be effected by properly addressing, prepaying and posting the document as a
letter; and
(b) is
taken to have been effected at the time at which the letter would be delivered
in the ordinary course of post, unless the contrary is proved.
(2) Subsection (1)
applies whether the expression 'deliver', 'give', 'notify', 'send' or 'serve'
or another expression is used.
740—Fees
(1) The national
regulations may prescribe the fees payable for the following:
(a) an
application under this Law (whether or not another provision of this Law
refers to payment of the prescribed fee for the application);
(b) the
issue of a work diary for the driver of a fatigue-regulated heavy vehicle.
(2) The Regulator may
set fees payable for the provision of a service in connection with the
administration of this Law (other than fees mentioned in subsection (1)).
(3) The national
regulations may provide that stated kinds of fees may be set by the Regulator
for inspection services, except so far as those fees are provided for under
another law of this jurisdiction.
(4) A fee set by the
Regulator under subsection (2) or (3) must be an amount—
(a) the
Regulator considers reasonable; and
(b) that
is no more than the reasonable cost of providing the service.
(5) The Regulator must
publish a fee set by the Regulator under subsection (2) or (3)—
(a) in
the Commonwealth Gazette; and
(b) on
the Regulator's website.
(6) The Regulator may
waive payment of the whole or part of a fee in circumstances, or in
circumstances of a kind, prescribed by the national regulations.
(7) If a fee is
prescribed for an application or any other matter under this Law, the
decision-maker may decline to deal with the application or proceed with the
other matter until the fee is paid.
740A—Increase of fee amounts
(1) This section
applies to a fee payable under section 740, including a fee whose amount
has already been increased by a previous application or applications of this
section.
(2) At the start of 1
July of each year, starting with 1 July 2016, the amount of the fee is
increased from the amount that applied immediately before that 1 July, in
accordance with the method prescribed by the national regulations for the
purposes of this section.
Note—
In some circumstances, the operation of the method can result in no increases
occurring on a particular 1 July.
(3) A recommendation
of the responsible Ministers for national regulations prescribing a method for
the increase of fees may not be made unless the responsible Ministers are
satisfied the method generally accords with increases in relevant inflation
indexes or similar indexes.
(4) As soon as
practicable, but before 1 July of each year, the Regulator must, by public
notice, publish the amounts of each fee applying as from that date.
741—Recovery of amounts payable under Law
(1) A fee, charge or
other amount payable under this Law is a debt due to the Regulator and may be
recovered by action for a debt in a court of competent jurisdiction.
(2) A fee, charge or
other amount payable under this Law may also be recovered in a proceeding for
an offence against this Law.
(3) An order made
under subsection (2)—
(a)
cannot be for an amount exceeding the monetary jurisdictional limit of the
court in civil proceedings; and
(b) is
taken to be, and is enforceable as, a judgment of the court sitting in civil
proceedings.
742—Contracting out prohibited
(1) A contract is void
to the extent to which it—
(a) is
contrary to this Law; or
(b)
purports to annul, exclude, restrict or otherwise change the effect of a
provision of this Law; or
(c)
purports to require the payment or reimbursement by a person of all or part of
a penalty that another person has been ordered to pay under this Law.
(2) This section does
not prevent the parties to a contract from including provisions in the
contract imposing greater or more onerous obligations on an entity than are
imposed by the requirements of this Law.
(3) This section
applies to contracts entered into before or after the commencement of this
section.
743—Other powers not affected
(1) Unless otherwise
provided in this Law, nothing in this Law affects any power a court, tribunal
or official has apart from this Law.
(2) Without limiting
subsection (1), nothing in this Law affects a power or obligation under
another law to amend, suspend, cancel or otherwise deal with the registration
of a heavy vehicle.
Chapter 14—Savings and transitional provisions
Part 1—Interim provisions relating to Ministers and Board
744—Responsible Ministers
(1) This section
applies if a jurisdiction—
(a) is
not a participating jurisdiction; but
(b) has
signed the Inter-governmental Agreement on Heavy Vehicle Regulatory Reform, as
in force from time to time, between the Commonwealth of Australia and the
States and Territories of Australia.
(2) The jurisdiction
may nominate a Minister to be the responsible Minister for the jurisdiction
for the purposes of this Law until the prescribed day for the jurisdiction.
(3) Until the
prescribed day for the jurisdiction, the relevant provisions of this Law apply
as if—
(a) the
jurisdiction were a participating jurisdiction; and
(b) the
Minister nominated under subsection (2) were the responsible Minister for
the jurisdiction for the purposes of this Law.
(4) To remove any
doubt, it is declared that this section does not prevent the Minister
nominated under subsection (2) being nominated as the responsible
Minister for the jurisdiction after the participation day for the
jurisdiction.
(5) In this
section—
participation day , for a participating jurisdiction, means the day the
jurisdiction became a participating jurisdiction;
prescribed day , for a jurisdiction, means the earlier of the following:
(a) the
participation day for the jurisdiction;
(b) 30
June 2014;
relevant provisions means the provisions of this Law relating to the functions
of responsible Ministers under this Law other than section 652.
745—Exercise of powers by Board between enactment and commencement
(1) This section
applies if—
(a)
under section 30 of Schedule 1, the Queensland Minister, on the
unanimous recommendation of the responsible Ministers, appoints the members of
the Board before section 663 commences; and
(b) a
provision of this Law conferring a function on the Board (a relevant provision
) has not commenced.
(a) may
meet and exercise the function under the relevant provision in the same way
and subject to the same conditions that would apply if the relevant provision
had commenced; and
(b) in
doing so, are entitled to be paid the remuneration and allowances to which the
members are entitled under section 666 whether or not that section has
commenced.
(3) For the purposes
of deciding the duration of the term of office of a member of the Board, the
term does not start until section 663 commences despite the exercise of
any function by the member under subsection (2).
(4) The exercise of a
function under a relevant provision does not confer a right, or impose a
liability, on a person before the relevant provision commences.
(5) This section does
not limit section 30 of Schedule 1.
Part 2—General provisions
746—Application of Part 2
(1) This Part has
effect in relation to this jurisdiction except to the extent any law of this
jurisdiction expressly or impliedly overrides a provision of this Part.
(2) Nothing in this
Part limits section 34 of Schedule 1, except to the extent that the
context or subject matter otherwise indicates or requires.
747—Definitions for Part 2
In this Part—
commencement day , for this jurisdiction, means, with respect to a provision
of this Law, the day this jurisdiction became a participating jurisdiction in
relation to that provision;
current PBS scheme means the scheme in operation immediately before the
commencement day relating to compliance with legislative requirements for
heavy vehicles by reference to performance based standards, and comprises such
of the following instruments as are in force immediately before the
commencement day—
(a) the
Standards and Vehicle Assessment Rules as at 10 November 2008;
(b) the
Assessor Accreditation Rules (July 2007);
(c) the
Vehicle Certification Rules (July 2007);
(d) the
Network Classification Guidelines (July 2007);
(e) the
Guidelines for Determining National Operating Conditions (July 2007);
former legislation , of this jurisdiction, means legislation of this
jurisdiction that is repealed on the participation day for this jurisdiction
or is superseded by provisions of this Law on that day;
participation day , for this jurisdiction, means the day this jurisdiction
became a participating jurisdiction;
relevant instrument —
(a)
means an application, permit, notice, authority or any other document; and
(b)
without limiting paragraph (a), includes any document prescribed by a law
of this jurisdiction as being within this definition; but
(c) does
not include any document prescribed by a law of this jurisdiction as not being
within this definition.
748—General savings and transitional provisions
(1) This section
applies if a provision of this Law corresponds to a provision of the former
legislation.
(2) Anything done
under the provision of the former legislation before the commencement day has
effect as if—
(a) this
Law had been in force when the thing was done; and
(b) the
thing had been done under this Law; and
(c) any
reference to a person in, or in relation to, the provision were a reference to
the nearest equivalent person under this Law; and
(d) any
reference in, or in relation to, the provision to another provision of the
former legislation were a reference to the corresponding provision of this
Law; and
(e) any
other adaptations necessary to enable the thing to be effective under this Law
have been made,
and accordingly the thing is taken to have been done under this Law.
(3)
Subsection (2) does not apply to the following:
(a) any
appointment of a person as an authorised officer;
(b) any
appointment of any other person who was employed by the department or body
administering the former legislation;
(c) any
prosecution of an offence that had not been completed immediately before the
commencement day;
(d) any
review or appeal, or anything related to a review or appeal, that was
unresolved immediately before the commencement day;
(e)
anything excluded from the operation of this section by the national
regulations.
(4) Any prosecution,
review or appeal referred to in subsection (3)(c) or (d) is to proceed as
if the former legislation were still in force in the form it was in at the
relevant time before the commencement day.
(5) On the final
completion of any prosecution, review or appeal referred to in
subsection (3)(c) or (d), it is to be treated as if it had occurred under
this Law.
(6) The Regulator is
not liable for anything the Regulator is taken to have done under this section
that was done before the commencement day.
(7) Proceedings are
not to be commenced by the Regulator for an offence arising from any action or
inaction that was completed before the commencement day, but nothing in this
section affects the commencement of proceedings by another person.
(8) The national
regulations may provide for, and from commencement day could always provide
for—
(a) the
issue of mass or dimension authorities or HML declarations in replacement of
instruments or authorisations preserved under subsection (2), without
further procedural requirements under the Law; and
(b) the
further preservation of anything not covered by the replacement.
(9) In this
section—
HML declarations means HML declarations under the Heavy Vehicle (Mass,
Dimension and Loading) National Regulation .
749—Expiry of certain permits, exemptions, notices and authorities
(1) This section
applies if a permit, exemption, notice or authority—
(a) is
taken to have been made under this Law under section 748; and
(b) is
not subject to an expiry date, or is subject to an expiry date—
(i)
that, in the case of a permit, exceeds 3 years after the
commencement day; or
(ii)
that in any other case exceeds 5 years after the
commencement day.
(2) In the case of a
permit, it expires 3 years after the commencement day, unless it is cancelled
before that day.
(3) In the case of an
exemption, notice or authority, it expires 5 years after the commencement day,
unless it is cancelled before that day.
(4) Despite
subsections (2) and (3), a modification approval granted in respect of a
vehicle is to continue for the life of the vehicle.
(5) For the purposes
of this section, a permit that solely provides an exemption is to be
considered to be an exemption.
750—Amendment or cancellation of instruments carried over from former
legislation
(1) This section
applies to any instrument—
(a) that
is taken to have been made under this Law under section 748; and
(b) that
applies to more than one person and that confers a benefit on at least one
person; and
(c) that
is of a class of instrument that is specified by the national regulations for
the purposes of this section.
(2) An amendment or
cancellation of part of the instrument by implication does not affect the
remainder of the instrument.
Example—
If an instrument relates to mass and fatigue exemptions, a notice cancelling
only the fatigue exemptions will not cancel the mass exemptions. The mass
exemptions, and their associated conditions, will continue in force until they
are separately amended, or until they expire.
(3) Despite anything
to the contrary in this Law, if the instrument is amended or cancelled and the
amendment or cancellation has the effect of removing or reducing the benefit
previously conferred on a person by the instrument, the person may continue to
enjoy the benefit as if the amendment or cancellation had not occurred until
the instrument would have expired had the amendment or cancellation not
occurred.
(4) Despite anything
to the contrary in this Law other than subsection (3), the Regulator may
amend or cancel the instrument simply by publishing a public notice of the
amendment or cancellation.
(5) The amendment or
cancellation takes effect—
(a) 28
days after the Commonwealth Gazette notice is published under
subsection (4); or
(b) if a
later time is stated in the Commonwealth Gazette notice, at the later time.
(6) This section
applies even to amendments and cancellations that occur by implication, and it
is not necessary that the instrument being amended or cancelled be identified
in the amending or cancelling notice.
751—Expiry of industry codes of practice
(1) This section
applies if a code of practice—
(a) is
taken to have been made under this Law under section 748; and
(b) is
not subject to a review date, or is subject to a review date that exceeds 3
years after the commencement day.
(2) The code of
practice expires 3 years after the commencement day, unless it is cancelled
before that day.
752—Pending matters
(1) This section
applies if—
(a)
section 748 applies to a relevant instrument (for example, an
application); and
(b) any
matter (for example, the determination of an application) is pending in
respect of the instrument immediately before the participation day for this
jurisdiction.
(2) When the matter is
being dealt with on or after the participation day for this
jurisdiction—
(a) the
Regulator (or other person having functions under this Law in relation to the
matter) may have regard to any relevant provisions of the former legislation
for this jurisdiction; and
(b) this
Law applies in relation to the matter—
(i)
with any adaptations the Regulator (or other person)
considers appropriate to achieve consistency with provisions of the former
legislation; and
(ii)
with any necessary adaptations.
753—Preservation of current PBS scheme
(1) The instruments
that comprise the current PBS scheme—
(a)
continue in force on and from the commencement day despite the commencement of
any provision of this Law; and
(b)
apply with any necessary or appropriate modifications with respect to any
relevant provisions of this Law or any relevant functions of the Regulator;
and
(c) so
apply as if a reference in the instruments to the National Transport
Commission included a reference to the Regulator.
(2) This section
ceases to apply to an instrument if it is replaced by approved guidelines or
it is otherwise dispensed with.
754—Preservation of contracts for current PBS scheme
(1) This section
applies to a contract between the National Transport Commission and another
person that relates to the appointment or functions of the person for the
purposes of the current PBS scheme and that is in force immediately before the
commencement day.
(2) A contract to
which this section applies and the arrangements to which the contract
relates—
(a)
continue in force on and from the commencement day despite the commencement of
any provision of this Law; and
(b)
apply with any necessary or appropriate modifications with respect to any
relevant provisions of this Law or any relevant functions of the Regulator;
and
(c) so
apply as if a reference in the contract to the National Transport Commission
included a reference to the Regulator.
(3) This section
ceases to apply to a contract with another person referred to in
subsection (1) if—
(a) the
contract is terminated; or
(b) a
subsequent contract is entered into with the Regulator and the other person
for a similar or a corresponding purpose.
755—National regulations for savings and transitional matters
(1) The national
regulations may contain provisions of a savings and transitional nature
consequent on the enactment or commencement of provisions of this Law in a
jurisdiction.
(2) Any such provision
may, if the national regulations so provide, take effect in relation to this
jurisdiction from the participation day for this jurisdiction or a later day.
(3) To the extent any
such provision takes effect from a day that is earlier than the date of its
publication, the provision does not operate so as—
(a) to
affect, in a manner prejudicial to any person (other than this jurisdiction or
an authority of this jurisdiction), the rights of that person existing before
the date of its publication; or
(b) to
impose liabilities on any person (other than this jurisdiction or an authority
of this jurisdiction) in respect of anything done or omitted to be done before
the date of its publication.
(4) Without limiting
subsections (1) to (3), the national regulations may contain provisions of a
savings or transitional nature that—
(a) have
effect in circumstances where some but not all the provisions of this Law are
commenced; and
(b)
without limiting paragraph (a), modify the operation of the commenced
provisions pending and after commencement of the uncommenced provisions.
Part 3—Heavy Vehicle National Law Amendment Act 2015 (Queensland)
756—Application of section 87A to previously fitted plate or label
Section 87A applies to tampering with a plate or label fitted or affixed
to a heavy vehicle under section 86(2) or 87(3) before the commencement
of section 87A.
757—Saving of stated map and other matters under section 119 or 142
(1) Subsections (2) to
(5) apply to the following:
(a) a
stated map applied under unamended section 119(2) in a mass or dimension
exemption (notice) in existence immediately before the commencement;
(b) the
areas or routes shown on the stated map immediately before the commencement;
(c) a
list of areas or routes applied, adopted or incorporated under
Schedule 1, section 24(1) in a mass or dimension exemption (notice)
in existence immediately before the commencement;
(d) road
conditions or travel conditions shown on a stated map or list mentioned in
paragraph (a) or (c).
(2) The stated map is
taken to be a stated map applied under amended section 119(2).
(3) The list of areas
or routes is taken to be a stated list applied under amended
section 119(2).
(4) The road
conditions or travel conditions are taken to be imposed under amended
section 119(3).
(5) The areas, routes,
road conditions and travel conditions shown on the stated map mentioned in
subsection (2) or stated list mentioned in subsection (3) may only
be amended under amended section 119 and section 119A.
(6) Subsections (7) to
(10) apply to the following:
(a) a
stated map applied under unamended section 142(2) in a class 2 heavy
vehicle authorisation (notice) in existence immediately before the
commencement;
(b) the
areas or routes shown on the stated map immediately before the commencement;
(c) a
list of areas or routes applied, adopted or incorporated under
Schedule 1, section 24(1) in a class 2 heavy vehicle authorisation
(notice) in existence immediately before the commencement;
(d) road
conditions or travel conditions shown on a stated map or list mentioned in
paragraph (a) or (c).
(7) The stated map is
taken to be a stated map applied under amended section 142(2).
(8) The list of areas
or routes is taken to be a stated list applied under amended
section 142(2).
(9) The road
conditions or travel conditions are taken to be imposed under amended
section 142(3).
(10) The areas,
routes, road conditions and travel conditions shown on the stated map
mentioned in subsection (7) or the stated list mentioned in
subsection (8) may only be amended under amended section 142 and
section 142A.
(11) In this
section—
amended , in relation to a section, means the section as amended by the
amendment Act;
amendment Act means the Heavy Vehicle National Law Amendment Act 2015
(Queensland);
commencement means—
(a) for
the purposes of subsection (1)—the commencement of the amendment of
section 119 under the amendment Act; or
(b) for
the purposes of subsection (6)—the commencement of the amendment of
section 142 under the amendment Act;
road conditions means road conditions required by the relevant road manager
under section 160;
travel conditions means travel conditions required by the relevant road
manager under section 161;
unamended , in relation to a section, means the section as it existed
immediately before it was amended by the amendment Act.
758—Application of section 737 to a new penalty
(1) The repeal of an
old penalty by the amendment Act repeals any increase, in force immediately
before the repeal, in the amount of penalty applying under section 737.
(2) The enactment of a
new penalty includes the enactment of an increase, to take effect immediately
on the commencement of the new penalty, in the amount of penalty applying
under section 737.
(3) For the purpose of
applying section 737 under subsection (2) to a new penalty, the
amount of penalty applying under section 737 is to be calculated as
if—
(a) the
new penalty had commenced before 1 July 2014; and
(b) the
amount of penalty applying had been increased under section 737(2) on
1 July 2014 and any later 1 July happening before the new penalty
actually commences.
(4) Before the
commencement of the new penalties, the Regulator must publish on the
Regulator's website the amounts of each penalty applying under subsections (2)
and (3) and under section 737 on the commencement of the new penalties.
Note—
A list of all penalties to which section 737 applies must be published.
(5) In this
section—
amendment Act means the Heavy Vehicle National Law Amendment Act 2015
(Queensland);
old penalty means a penalty that applied before the commencement of the
amendment Act;
new penalty means a penalty that applies after the commencement of the
amendment Act.
Part 4— Heavy Vehicle National Law and Other Legislation Amendment Act
2016 (Queensland)
759—Application of section 737 to a new penalty
(1) The enactment of a
new penalty by the amendment Act includes the enactment of an increase in the
amount of penalty applying under section 737, to take effect when the new
penalty commences.
(2) For the purpose of
applying section 737 under subsection (1) to a new penalty, the amount of
penalty applying under section 737 is to be calculated as if—
(a) the
new penalty had commenced before 1 July 2014; and
(b) the
amount of penalty applying had been increased under section 737(2) on
1 July 2014 and any later 1 July happening before the new penalty
actually commences.
(3) In this
section—
amendment Act means the Heavy Vehicle National Law and Other Legislation
Amendment Act 2016 (Queensland);
new penalty means a penalty stated at the end of a provision enacted by the
amendment Act.